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Home My WebLink About1984-06-19 Info PacketCity of Iowa City MEMORANDUM DAi11 June 8, 1984 TO: City Council FROM: City Manager REI Informal Agendas and Meeting Schedule June 12 1984 Tuesday_ NO INFORMAL COUNCIL MEETING - SUMMER SCHEDULE June 18 1984 Monday 6:00.- 9:00 P.M. Conference Room 6:00 P.M. - Tour new Transit Facility 6:45 P.M. - Review zoning matters 7:00 P.M. - New Law School parking design plan 7:15 P.M. - Pharmaceutical Development, Inc., site plan 7:30 P.M. - Sale of Cable TV Franchise 7:45 P.M. - Council agenda, Council time, Council committee reports 8:00 P.M. - Evaluation of City Clerk (Executive Session) 8:30 P.M. - Evaluation of City Attorney (Executive Session) June 19 1984 Tues_dAv 7:30 P.M. - Regular Council Meeting - Council Chambers June 26 1984 Tuesday NO INFORMAL COUNCIL MEETING - SUMMER SCHEDULE June 27 1984 Wednesday_ 4:00 P.M. - Meeting with the Johnson County Board of Supervisors - Public Library, Room A 6:00 P.M. - Dinner at Vanessa's June 29 1984 Friday 10:00 A.M. - City Service Complex, 1200 South Riverside Drive DEDICATION OF NEW TRANSIT MAINTENANCE FACILITY July 2 1984 tQonda 6:30 - 8:30 P.M. Conference Room 6:30 P.M. - 6:50 P.M, - Review zoning matters Convention and Visitors Bureau Update Report 7:05 P.M. - Revised Industrial Revenue Bond Policy Council agenda, Council time, Council committee reports 8:00 P.M.- - 8:20 P.M. - Consider appointment to Human Rights Commission T_uesda July 3 1984 7:30 P.M. - Regular Council Meeting - Council Chambers July 4 1984 Wednesdav Independence Day - CITY OFFICES CLOSED - MM City Council June 8, 1984 Page 2 PENDING LIST Priority A: Priority B: Priority C: Newspaper Vending Machines Utility Franchise Blackhawk Minipark Improvements Shared Housing Program Duty/Procedure Changes - Housing and Inspection Services Lower Ralston Creek Parcels - Use and Configuration Congregate Housing Development Alternatives Iowa Theater Type Problems Northside Lighting Project Report Minimum Open Space Requirements Housing Market Analysis Update Housing Inspection Funding Policy Willow Creek Park Sidewalk North Dodge/Old Dubuque Road Project Appointments to Mayor's Youth Employment Board, Housing Commission, Riverfront Commission and United Action for Youth Board - July 17, 1984 118A r i Date: June 7, 1984 To: City Councir� From: City Manager Re: Salaries - Administrative/Confidential Employees Attached is a listing of Administrative and Confidential salaries for the calendar years 1982 and 1983, as you requested. The four digit position number at the left margin may be used to compare specific positions for the two years, except for City Council members. Also, the City Attorney is not included as an employee, as he is compensated on an hourly basis for services rendered. Compensation for the City Attorney was: 1982 - $38,949.45; 1983 - $47,562.10. If you have questions or desire additional information, please contact me. /sp 1113 i i lt73 STATEME OF POSITIONS AND SALARIES Ab OF DECEMBER 31, 1982 SITION CODE/TITLE NAME SALARY O1 WORD PROCESSING OPERATOR BEVERLY JENSEN 16,224,00 01 WORD PROCESSING OPERATOR TYNA PRICE 14,996,80 01 WORD PROCESSING OPERATOR BRENDA WILKINSON 16,224,00 01 ADMINISTRATIVE CLERK/TYPIST RAMONA PARROTT 15,516,80 01 ADMINISTRATIVE ACCOUNT CLERK PAMELA THODOS 17,992.00 02 ADMIN. ACCOUNT CLERK - PAYROLL JANET BURR 17,992,00 01 ADMIN. SEC, a LEGAL KATHLEEN WALENTA 17,625.60 02 ADMIN. SEC, a POLICE MARY COBURN 18,636.80 03 ADMIN. SEC. - REC. PATRICIA JOHNSTON 18,636,80 04 ADMIN, SEC. - PPD IRENE SHIMA 17,201,60 05 ADMIN. SEC. - NIS/PW SHERRI PATTERSON 14,331,20 06 PERSONNEL ASSISTANT PHYLLIS MORRIS 18,636.80 O1 ADMIN, SEC.- FINANCE LOANNA STROUD 18,449,60 02 ADMIN. SEC,- LIBRARY JOAN JEHLE 16,640,00 03 DEPUTY CITY CLERK MARIAN KARR 18,803,20 i 01 ADMIN. SEC, - CITY MANAGER LORRAINE SAEGER 18,866.40 01 SR, DRIVER ARLO FRY 18,803,20 02 ACCOUNTANT REGINA SCHREIBER 20,592,00 OS ENERGY COORDINATOR RICHARD WEBB 8,091.20 L 01 CIVIL RIGHTS SPECIALIST PHYLLIS WILLIAMS 19,364,80 t 02 WORD PROCESSING SUPERVISOR BARBARA COFFEY 21,673,60 t 03 PM OPERATION SUPERVISOR MICHAEL PRIOR 19,156.80 L 04 ASST SUPT w STREETS JAMES SCHULTE 23,316,80 1 05 ASST SUPT • SOLID WASTE DONALD STODDARD 23,212.80 1 06 PERSONNEL GENERALIST SYLVIA STEINBACH 19,905.60 1 07 INFORMATION SPECIALIST MARY MECHTENSIMER 19,177.60 1 08 LIBRARY COORD - CIRCULATION RONALD PROSSER 20,217.60 1 09 PROGRAM SPECIALIST LORETTA BENZ 20,779,20 1 10 SR, ACCOUNTANT TERESA KIMBLE 18,636.80 2 01 ASST SUPT - WATER WALTER EVERMAN 24,065,60 2 02 ANIMAL CONTROL SUPERVISOR BEVERLY HORTON 21,777.60 3 01 SR BUILDING INSPECTOR GLENN SIDERS 26,374.40 3 02 PURCHASING AGENT CATHARINE EISENHOFER 26,665.60 3 03 CDBG COORDINATOR JAMES HENCIN 27,809.60 3 04 ASST CITY ATTORNEY I DAVID BROWN 23,940.80 3 05 SENIOR PLANNER DOUG BOOTHROY 27,809.60 3 06 TRANSPORTATION PLANNER JOHN LUNDELL 25,625.60 3 07 ASST CITY ENGINEER DENNIS GANNON 28,558.40 3 08 ASST SUPT - POLLUTION CONTROL CARL WORDELMAN 25,001.60 3 09 HOUSING COORDINATOR LYLE SEYDEL 28,600.00 lt73 St !MENT OF POSITIONS AND SAL; ES AS OF DECEMBER 31, 1982 i POSITION CODE/TITLE NAME SALARY 53 10 AIRPORT MANAGER MANFRED ZEHR 26,124.80 53 11 EQUIPMENT SUPERINTENDENT TERRY REYNOLDS 28,090.00 53 12 PARKING SYSTEM SUPERINTENDENT JOSEPH FOWLER JR, 27,206.40 53 13 TREASURER NANCY HEATON 27,996.80 f 53 14 LIBRARY COORD - COMMUNITY SERV CAROL SPAZIANI 25,729.60 53 15 LIBRARY COORD - INFORM SERV JEANETTE CARTER 25,792.00 53 16 LIBRARY COORD - TECHNICAL SERV SUSAN CRAIG 21,777.60 53 17 LIBRARY COORD - YOUTH SERVICES JUDITH KELLEY 23,400.00 54 01 FIRE MARSHAL LAWRENCE KINNEY 27,476980 55 I 01 SR. CENTER COORDINATOR BETTE MEISEL 24,876.80 55 02 PARKS SUPERINTENDENT ROBERT HOWELL 27,830.40 55 03 TRAFFIC ENGINEER JAMES BRACHTEL 29,057.60 55 06 CONTROLLER MONICA UTNE 26,998.40 55 07 ASST LIBRARY DIRECTOR CONSTANCE TIFFANY 27,768.00 56 01 POLICE SERGEANT WILLIAM COOK 27,266.90 56 01 POLICE SERGEANT RONALD FORT 27,268.80 56 01 POLICE SERGEANT LOREN TEGGATZ 27,269.60 56 01 POLICE SERGEANT PATRICK HARNEY 27,268.80 56 Ol POLICE SERGEANT DAVE HARRIS 27,268.80 56 01 POLICE SERGEANT CRAIG LIHS 27,268.80 56 01 POLICE SERGEANT JAMES HAZLETT 27,268.80 57 01 POLLUTION CONTROL SUPT HARRY BOREN 30,555.20 57 02 RECREATION SUPERINTENDENT ROBERT LEE 31,367.20 57 03 STREET/SANITATION SUPT GERALD STOCKMAN 27,560.00 57 04 WATER SUPERINTENDENT CLEO KRON 30,950.40 57 05 TRANSIT MANAGER LARRY MC GONAGLE 28,516,80 57 06 ASSISTANT CITY MANAGER DALE HELLING 29,889.60 57 07 ASST, CITY ATTORNEY II RICHARD BOYLE 32,011.20 58 01 POLICE CAPTAIN DONALD STRAND 29,328,00 58 01 POLICE CAPTAIN JOHN RUPPERT 29,328.00 59 01 DEPUTY POLICE CHIEF KENNETH STOCK 31,262.40 60 01 BATTALION CHIEF KENNETH IRVING 29,032.64 60 01 BATTALION CHIEF ARTHUR KLOOS 28,867.04 60 01 BATTALION CHIEF RAYMOND WOMBACHER 29,032.64 62 01 H.I.S. DIRECTOR MICHAEL KUCHARZAK 40,414.40 62 02 HUMAN RELATIONS DIRECTOR ANNE CARROLL 30,638.40 62 03 LIBRARY DIRECTOR LAURETTA EGGERS 35,214.40 62 04 CITY ENGINEER FRANCIS FARMER 32,780,80 63 01 FIRE CHIEF ROBERT KEATING 36,504.00 64 01 P.P.D. DIRECTOR DONALD SCHMEISER 34,902.401183 ST.HENT OF POSITIONS AND SAL. ES AS OF DECEMBER 31, 1982 POSITION CODE/TITLE NAME 64 02 PARKS 6 RECREATION DIRECTOR DENNIS SHOWALTER 65 01 FINANCE DIRECTOR ROSEMARY VITOSH 65 02 PUBLIC WORKS DIRECTOR CHARLES SCHMADEKE 66 01 POLICE CHIEF HARVEY MILLER 70 01 CITY CLERK ABBIE STOLFUS 70 02 CITY MANAGER NEAL BERLIN 90 00 CITY COUNCIL DAVID PERRET 90 00 CITY COUNCIL MARY NEUHAUSER 90 00 CITY COUNCIL ALFRED MC DONALD 90 00 CITY COUNCIL LARRY LYNCH 90 00 CITY COUNCIL CLEMENS ERDANL 90 00 CITY COUNCIL KATHERINE DICKSON 90 00 CITY COUNCIL JOHN BALMER SALARY 39,312.00 43,076.80 36,795,20 41,953.60 27,580.80 49,712.00 4,201,60 4,804.80 4,201.60 4,201.60 4,201,60 4,201,60 4,201,60 1183 i S AND POS STATE MA, OFFDECEMBERN31,1983LARIE )SITION CODE/TITLE NAME SALARY 3 01 WORD PROCESSING OPERATOR BEVERLY JENSEN 17,014.40 3 01 WORD PROCESSING OPERATOR BRENDA WILKINSON 170014.40 3 01 WORD PROCESSING OPERATOR TYNA PRICE 16,452.80 4 01 ADMINISTRATIVE CLERK/TYPIST MARILYN KRIZ 13,728.00 5 01 ADMINISTRATIVE ACCOUNT CLERK PAMELA THODOS 180886.40 5 02 ADMIN. ACCOUNT CLERK - PAYROLL JANET BURR 18,886.40 6 01 ADMIN. SEC. - LEGAL KATHLEEN WALENTA 19,552.00 6 02 ADMIN. SEC. a POLICE MARY COBURN 19,552.00 6 03 ADMIN. SEC. w REC. PATRICIA JOHNSTON 19,552.00 � 6 04 ADMIN. SEC. o PPD IRENE SNIMA 18,886.40 6 OS ADMIN. SEC. HIS/PW SHERRI PATTERSON 170014.40 6 06 PERSONNEL ASSISTANT PHYLLIS MORRIS 19,552.00 :7 01 ADMIN. SEC.m FINANCE LOANNA STROUD 20,300.80 -7 02 ADMIN. SEC.- LIBRARY JOAN JEHLE 18,241.60 •7 03 DEPUTY CITY CLERK , RAMONA PARROTT 17,950.40 :8 01 ADMIN. SEC. - CITY MANAGER LORRAINE SAEGER 20,779.20 i9 O1 SR, DRIVER ARLO-FRY 20,716.80 { 19 02 ACCOUNTANT REGINA SCHREIBER 22,692.80 h iO 01 ENERGY COORDINATOR RICHARD WEBB 90089.60 i1 01 CIVIL RIGHTS SPECIALIST PHYLLIS WILLIAMS 20,737.60 it 02 WORD PROCESSING SUPERVISOR BARBARA COFFEY 23,192.00 it 03 ASST, TRANSIT MANAGER MICHAEL PRIOR 21,320.00 51 04 ASST SUPT - STREETS JAMES SCHULTE. 24,939.20 51 05 ASST SUPT - SOLID WASTE DONALD STODDARD 24,835.20 51 06 PERSONNEL GENERALIST SYLVIA STEINBACH 21,299.20 51 07 INFORMATION SPECIALIST MARY MECHTENSIMER 20,508.80 51 08 LIBRARY COORD - CIRCULATION RONALD PROSSER 21,236.80 51 09 PROGRAM SPECIALIST PATRICK DUCEY 19,011,20 51 10 SR, ACCOUNTANT TERESA KIMBLE 20,945.60 52 01 ASST SUPT - WATER BERNARD LONEY 22,152.00 52 02 ANIMAL CONTROL SUPERVISOR BEVERLY HORTON 230296.00 53 02 PURCHASING AGENT CATHARINE EISENHOFER 290598.40 53 03 CDBG COORDINATOR JAMES HENCIN 29,723.20 53 04 ASST CITY ATTORNEY I DAVID BROWN 25,625.60 53 05 SENIOR PLANNER DOUG BOOTHROY 29,764.80 53 06 TRANSPORTATION PLANNER JOHN LUNDELL 27,456.00 53 07 ASST CITY ENGINEER DENNIS GANNON 30,555.20 53 08 ASST SUPT - POLLUTION CONTROL CARL WORDELMAN 26,748.80 53 09 HOUSING COORDINATOR LYLE SEYDEL 30,035.20 53 10 AIRPORT MANAGER MANFRED ZEHR 27,684.80 1133 i i ST; MENT OF POSITIONS AND SAL, ES AS OF DECEMBER 31, 1983 POSITION CODE/TITLE NAME 53 11 EQUIPMENT SUPERINTENDENT 53 12 PARKING SYSTEM SUPERINTENDENT 53 13 TREASURER 53 14 LIBRARY COORD • COMMUNITY SERV 53 15 LIBRARY COORD - INFORM SERV 53 16 LIBRARY COORD - TECHNICAL SERV 53 17 LIBRARY COORD - YOUTH SERVICES 54 01 FIRE MARSHAL 55 01 SR. CENTER COORDINATOR 55 02 PARKS SUPERINTENDENT 55 03 TRAFFIC ENGINEER 55 06 CONTROLLER 55 07 ASST LIBRARY DIRECTOR 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 56 01 POLICE SERGEANT 57 01 POLLUTION CONTROL SUPT 57 02 RECREATION SUPERINTENDENT 57 03 STREET/SANITATION SUPT 57 04 WATER SUPERINTENDENT 57 05 TRANSIT MANAGER 57 06 ASSISTANT CITY MANAGER 57 07 ASST, CITY ATTORNEY II 58 01 POLICE CAPTAIN 58 01 POLICE CAPTAIN 59 01 DEPUTY POLICE CHIEF 60 01 BATTALION CHIEF 60 01. BATTALION CHIEF 60 01 BATTALION CHIEF 62 01 H.I.S. DIRECTOR 62 02 HUMAN RELATIONS DIRECTOR 62 03 LIBRARY DIRECTOR 62 04 CITY ENGINEER 63 01 FIRE CHIEF 64 01 P.P.D. DIRECTOR 64 02 PARKS & RECREATION DIRECTOR TERRY REYNOLDS JOSEPH FOWLER JR, NANCY HEATON CAROL SPAZIANI JEANETTE CARTER SUSAN CRAIG JUDITH KELLEY LAWRENCE KINNEY BETTE MEISEL ROBERT HOWELL JAMES BRACHTEL MONICA BIERI CONSTANCE TIFFANY WILLIAM COOK CRAIG LIHS LOREN TEGGATZ RONALD FORT PATRICK HARNEY DAVE HARRIS JAMES HAZLETT HARRY BOREN T CASSADY GERALD STOCKMAN CLEO KRON LARRY MC GONAGLE DALE HELLING RICHARD BOYLE JOHN RUPPERT DONALD STRAND KENNETH STOCK KENNETH IRVING ARTHUR KLOOS RAYMOND WOMBACHER MICHAEL KUCHARZAK ANNE CARROLL LAURETTA EGGERS FRANCIS FARMER ROBERT KEATING DONALD SCHMEISER DENNIS SHOWALTER SALARY 30,035.20 28,974.40 28,704.00 27,539.20 27,601.60 23,857.60 25,043.20 30,243.20 26,124.80 29,640.00 29,785.60 26,891.20 29,723.20 29,182.40 29,182.40 29,140.80 29,161.60 29,182.40 29,182.40 29,161.60 32,676.80 30,014.40 29,494.40 33,113.60 32,011.20 32,884.80 35,651.20 31,304.00 31,387.20 33,363.20 31,304.00 31,304.00 31,304.00 42,432.00 33,363.20 36,982.40 35,089.60 40,102.40 37,273.60 4L,288.00 113 3 I STA' TENT OF POSITIONS AND SALA'^:S '" AS OF DECEMBER 31, 1963 POSITION CODE/TITLE NAME 65 01 FINANCE DIRECTOR ROSEMARY VITOSH 65 02 PUBLIC WORKS DIRECTOR CHARLES SCHMADEKE 66 01 POLICE CHIEF HARVEY MILLER 70 01 CITY CLERK MARIAN KARR 70 02 CITY MANAGER NEAL BERLIN 90 00 CITY COUNCIL DAVID PERRET 90 00 CITY COUNCIL MARY NEUHAUSER 90 00 CITY COUNCIL ALFRED MC DONALD 90 00 CITY COUNCIL LARRY LYNCH 90 00 CIT 90 00 CIT'. 90 00 CIT' SALARY 46,051.20 39,291.20 44,054.40 22,152.00 51,916.80 4,201,60 4, 804.80 4,201,60 4,201.60 MEMORANDUM Date: June 7, 1984 t. To: Peg McElroy, Nancy Heaton, Larry McGonagle, Al Cassady, Joe Fowler, t rie.. v....., From: Neal Berlin, City Manager .Ot��7- Re: Work Experience Program for Handicapped Students Robert J. Miller and Mark G. Smith, work experience instructors for the Grant Wood Area Education Agency, thank you and your associates for the support which you gave to handicapped students this past year. See the attached letter and certificate. This program is of great importance to both the students and the community. The City greatly appreciates your support of this program. Thanks. cc: City Council /sp 11 gy ■ @961AKCT 9009 AREA EDUCATION AGENCY 4401 SIXTH STREET SOUTHWEST CEDAR RAPIDS. IOWA 52404 13191399.5700 CORALVILLE FACILITY 114 Second Avenue CoraWle. Iowa 5224113191351-2510 May 25, 1984 Mr. Neil Berlin, City Manager City of Iowa City 410 East Washington Iowa City, IA 52240 Dear Mr. Berlin: Dwight G. Bade, Administrator Myron W. Rodee, Director Division of Special Education As the 1983-84 school year draws to a close, we would like to take this opportunity to thank the City of Iowa City for its continued support given to the high school work experience program for handicapped students. The City's workers and various departments have been most cooperative. We are enclosing a Certificate of Appreciation and we would hope you will pass along our appreciation to the following: Peg McElroy and Staff of Mayor's Young Employment Program Nancy Heaton and Staff of the Treasury Area Larry McGonagle and Staff of the Transit System Al Cassidy and Staff of the Recreation Center Joe Fowler and Staff of the Parking Department Cleo Kron and Staff of the Water Treatment Department Your participation and support of the work experience program contributes significantly to its success. We look forward to your support during the 1984-85 school year. Sincerely, Robert J. i ler Work Experience Instructor RJM/MGS:ns Enclosure I 2 30 Mark G.�IS•/mi'tth Work Experience Instructor "all things being equal ..." 118Y i -ate of Aper, t4z CITY OF IOWA CITY is Ilerebg recognized for the support given to the Pork �xperieuce Vrogrnm. (This ntnttrd is to shote our apprecia- tion for Vour interest, cooperation and effort in Ilelping to further the vocational Development of our students bg serving as an experience site. A4e- WA ,Aamini.tra►or -- 1983-84 ,Acabemic 'year Park Experie ce Qloorbinator Zrnrltcr 1 City of Iowa City MEMORANDUM Date: June 8, 1984 To: City Council From: 'Assistant City Manager Re: H.R.4103 Negotiated Compromise The June 4, 1984, edition of Nation's Cities Weekly, which you received this week, contains extensive in ormat on regar ng the above -referenced negotiated compromise. Since several of the issues involved relate to concerns regarding approval of the transfer of the local franchise to new ownership, you may wish to review the terms of the compromise rather closely. In addition, it is anticipated that cities will be asked to take a position regarding this compromise and to convey that position to our Federal legislators in the near future. Staff will continue to review the implications of this legislation as well as the status of the bill in Congress, and will report to Council on its progress. bdvA/8 cc: Broadband Telecommunications Specialist 1135 City of Iowa City MEMORANDUM DAT11 June 7, 1984 TO! City Council and City Manager FROM: Fred Zehr, Airport Manager -4 RE: Airport Overlay Zoning Ordinance Attached is a copy of the Airport Overlay Zoning Ordinance which was recently adopted by the Johnson County/Iowa City Airport Zoning Commission. The Commission has scheduled a public hearing regarding this ordinance on Wednesday, June 13, 1984, at 7:00 P.M. in Meeting Room A of the Public Library. It is anticipated that the Commission will recommend a new ordinance to the City Council and to the Board of Supervisors later in June. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF IOWA CITY AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, ADOPTED UNDER THE PROVI- SIONS OF CHAPTER 329 OF THE IOWA CODE, ADOPTING ZONING REGULATIONS FOR THE PREVENTION OF HAZARDS AND INCOMPATIBLE USES SURROUNDING THE IOWA CITY MUNICIPAL AIRPORT. BE IT ORDAINED BY THE CITY OF IOWA CITY AND BY JOHNSON COUNTY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance, to e nown as the Johnson County/Iowa City Airport Zoning Ordinance, or the Airport Zoning Ordinance, is to exercise to the fullest extent possible the powers granted to muncipalities under Chapter 329 of the Code of Iowa (1983) relating to the restriction of airport hazards in the vicinity of airports by establishing airport overlay zones in which airport hazards and incompatible uses are prohibited. SECTION II. FINDINGS. The City Council of Iowa city and EFF -Board of Supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, and occupants of land and other persons in its vicinity, and also would tend to destroy or impair the utility of the airport and the public investment therein; accord- ingly, each municipality does hereby declare that: A. The creation or establishment of an airport hazard is a public nuisance causing potential injury to those I served by the airport; 8. It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards and the establishment of incompatible uses of land be pre- vented, and that this be accomplished, to the extent legally possible, by proper exercise of the police power; C. The prevention of the creation or establishment of airport hazards and incompatible uses, and the elimina- tion, removal, alteration, mitigation or marking and lighting of existing 11bto Ordinance No. Page 2 airport hazards are public purposes for which a municipality may raise ant expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; ! D. Because of the propensity of sanitary + landfills for attracting birds, which in turn are hazardous to aircraft in j flight, landfills are not considered compatible with airport operations; E. It is highly desirable that there be no structures or natural objects or traverseways within the airport clear zones; and F. Neither municipality shall become liable for the expenditure of its public funds unless such expenditure shall have been approved in advance by its governing body. SECTION III. DEFINITIONS. The following e n tions on y appy in the interpreta- tion and enforcement of the airport overlay zones. (a) AirportThe' Iowa City Municipal Airport: (b) Airport elevation. The highest point of the airports usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. (c) Air ort hazard. Any structure, tree j or use of land which would exceed the E Federal obstruction standards as contained in Part 77 -Subpart C of the Code of Federal Regulations, as revised March 4, 1972 (the "Federal Aviation Regulations" or "FAR"), and which obstructs the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. (d) Airport La 0U Plan. A drawing in the A rpor as er Plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. The Airport Layout Plan is a component part of the Master Plan. (e) Air ort Master Plan. A comprehen- s ve p an or evelopment of the airport over a 20 year time period. The Master Plan includes among other Orainance No. Page 3 things, aviation activity fore- casts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the Master Plan, and recommendations for use of land on and adjacent to the airport. (f)Air ort Overla Zonin Ma The c ars or maps o e La City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on file in the office of the City Clerk of Iowa City, and in the office of the Johnson County Auditor. (g) Air ort�rimary surface. A surface TongNudina� centered on a runway which extends 200 feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise.approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (h) Airspace height. For the purpose of determining the height limits in all zones set forth herein and shown on the Airport Overlay Zoning Map, the datum shall be mean sea level elevation unless otherwise speci- fied. (i) Inner edge. An imaginary line, as wide as the existing surface of a runway, parallel to the end of the paved surface of such runway, and 200 feet from the edge of such surface. (j) Instrument runway. A runway with an existing instrument approach proce- dure or for which an instrument approach procedure has been approved or planned. (k) Minimum descent altitude. The lowest altitude, ex;,resse in feet above mean sea level, to which descent is authorized• on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. I I gto Oruinance No. Page 4 (1) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance require- ments between those fixes. (m) Minimum obstruction clearance altitude. The specified altitude — i effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR. (n) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (o) Visual runway. A runway intended sole�e operation of aircraft using visual approach precedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. SECTION IV. AIRPORT ZONES AND AIR -SPACE HEIGHTLIMITATIONS. n order to carry out he provisions o7 -this Section, there are hereby created and established certain zones which are depicted on the Airport Overlay Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the zone with the more restrictive height limita- tion. The various zones are hereby established and defined as follows: (a) Horizontal Overlay (OH) Zone. (1) Defined. The land lying under a horizontal plane 150 feet above the established airport eleva- tion, the perimeter of which is constructed by swinging arcs of 10,000 foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value Ordinance No. Page 5 11% will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connect- ing two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the con- struction of the perimeter of the horizontal surface.) (2) Height limitation. No struc- ture shall exceed'150 feet above the established airport eleva- tion in the OH Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at'a slope of 20 to 1 for a horizontal distance of 4000 feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway center- line and extending outward and upward from each end of the primary surface. (NOTE: An approach surface is applied to each end of each runway based upod the type of approach available or planned for that runway end.) a. The inner edge of the approach surface is: 1. 500 feet wide for runways 12, 17, 30 and 35. 2. 1000 feet wide for runways 6 and 24. 11% Ordinance No. Page 6 b. The outer edge of the approach surface is: 1. 1,500 feet wide for runways 12 and 17. 2. 3,500 feet wide for runways 6, 30 and 35. 3. 4,000 feet wide for runway 24. c. The approach surface zone extends for a horizontal distance of: 1. 5,000 feet at a slope of 20 to 1 for runways 12 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24, 30 and 35. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land lying under a surface longitudinally centered on the runway centerline or extension thereof and described as follows: a. Runway 6 - 1000 feet wide beginning at a point 200 feet from the edge of the existing runway on the extended runway centerline for a horizontal distance of 1000 feet; thence widening uniformly to a width of 1425 feet at a distance of 2700 feet from the point of beginning. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone; thence widening uniformly to a width of 700 feet a distance of 1000 feet from the inner edge. c. Runway 24 - 1000 feet wide beginning at a point 490 feet southwesterly on the runway centerline from the center of the end of the existing runway pavement ■ ■ Ordinance No. Page 7 1194 (including any and all paved safety areas); thence widening uniformly to a width of 1510 feet at a distance of 1700 feet northeasterly on the extended runway centerline from the point of begin- ning. d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone; thence widening uniformly to a width of 1010 feet at a distance of 1700 feet from the inner edge. (2) Height limitation. No structure shall penetrate the clear surface of the OCL Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitations. No use shall be permitted in the OCL Zone in which there is con- nected therewith a building which according to the 1982 edition of the Uniform Building Code, has an occupancy rating of 50 square feet of floor area per person or less. In addition, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. (c) Hospitals and institutions. (d) Motels and hotels. (e) Nursing and custodial home. (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. (h) Sanitary landfills. (i) Schools, including nur- series, pre -kindergartens and kindergartens. (j) Stadiums. (k) Storage of fuel or other hazardous materials. (1) Theaters. (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a 1194 Ordinance No. Page 8 slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. (2) Height limitation. No structure shall penetrate the transitional surface of the OT Zone, as depicted on the Airport Overlay Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. SECTION V. USE RESTRICTIONS. In addition to the above restrictions on land, the following special requirements shall apply, (a) Any person who proposes any develop- ment of a height greater than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Chief, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, one COPY to the Iowa City Airport Commission, and one copy to the Johnson County/Iowa City Airport Zoning Commission. (Copies of FAA Form 7460-1 may be obtained from the FAA. See Federal Aviation Regula- tions, Section 77.13.) EXCEPTION: No person is required to notify the FAA Adminis- trator of the construction or alteration of any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (See Federal Aviation Regulations sec. 77.15.) It shall be the responsibil- ity of the appropriate Building 11% Ordinance No. Page 9 Official, prior to issuance of a building permit for such object, to determine whether or not the shield- ing satisfies the foregoing require- ments. (b) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any struc- ture be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (c) Lighting. (1) A1T lighting or illumination used in conjunction with streets, parking, signs or other use of land and structures shall be arranged and operated in such a manner that it is not mislead- ing or dangerous to aircraft operating from the Airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the Airport Board of Adjust- ment may be so conditioned as to require the owner of the structure or growth in question to permit the City or the Iowa City Airport Commission to install, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. SECTION VI. NON -CONFORMITIES. A. DEFINED - Any structure or portion thereof which does not conform to the provisions of this Ordinance relative to height, and any use which is not allowed within the Airport Overlay Zone in which it is located by reason 11% i Ordinance No. Page 10 of the adoption of Iowa City Ordinance Nos. 83-3133 and 83-3160, or this Ordinance, or subsequent amendments thereto, is non -conforming. B. REGULATIONS' NOT RETROACTIVE - The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or to otherwise interfere with the continuance of any non -conforming use. However, no pre-existing non -conforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this Ordinance and is completed within one (1) year thereafter. C. MARKING AND LIGHTING - Notwithstanding the precedingprovision ofthis tans section, e owner non -conforming structure or tree is hereby required to permit the instal- lation, operation, and maintenance thereon of such markers and lights as shalt be necessary to indicate to the operator of aircraft in the vicinity of the Airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. SECTION vI1. AIRPORT ZONING COMMISSION. A o nson oun y owa y i! Zoning commission shall be provided as follows: The Airport Zoning Commission shall consist of five members, two of whom shall be appointed by the Board of Supervisors of Johnson County and two of whom shall be selected by the City Council of the City of Iowa City, Iowa, and one additional member to act as Chairman, who shall be selected by a majority vote of the members selected by the Board of Supervisors and tS 6rdinance No. Page 11 City Council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such Airport Zoning Commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. SECTION VIII. BOARD OF ADJUSTMENT. An Airport oar of Adjustmentoar ") is hereby established as follows: The Board shall consist of five members, two of whom shall be appointed by the Board of Supervisors of Johnson County and two of whom shall be appointed by the City Council of Iowa City, and one additional member to act as Chairman who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such Board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. SECTION IX. SPECIAL EXCEPTIONS. a The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Airport Board of Adjustment. However, no such special exception shall be granted unless the Board finds, based upon written advice from the Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the Airport Overlay Zones, that such structure, tree, or use of land, would not obstruct landing and take -off of aircraft at the Airport. (2) In an application to permit a use of land otherwise prohibited herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written Urdinance No. Page 12 advice of the Federal Aviation Adminstration, and the Aeronautics Division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the Board until such advice has been filed. SECTION X. VARIANCES. Any person desiring to erect, or increase the height, of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a viola- tion of these regulations, may apply to the Board for a variance from these regulations. Such variances shall be allowed only where a literal application or .enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be contrary to the public interest, but would do substan- tial justice and be in accordance with the spirit of these regulations and of Chapter 329 of the Iowa Code; provided however, any such variance may be allowed subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the follow- ing: Any such variance shall be subject to a requirement that the person request- ing the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard; and The reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto' the permittee's property to install, operate, and maintain thereon such markers and lights as may be nec- essary to indicate to operators of aircraft the presence of an airport hazard. Any appeal from the decision of the Board of Adjustment shall be in accordance with the provisions of Section 414.15 et seq of the Iowa Code. WTION XI. ADMINISTRATION AND ENFORCE- MENT. e administration o t ese on ng Te—gMations shall be performed by the appropriate county or city building official, as the case may be. Enforcement of these Zoning Regulations shall be the 1& 1. u,dinance No. Page 13 responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport Commission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such duties of enforcement and administration shall not include any of the powers herein delegated to the Board of Adjustment. SECTION XII. EQUITABLE REMEDIES. The y o owa , y or a owa , y Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. SECTION XIII. CONFLICTING REGULATIONS. In e event of any unT11CZ Detween these Airport Zoning Regulations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall govern or prevail. SECTION XIV. PROHIBITED ACTS. It shall the unactsu heroeina tererstated uunless of a special exception or variance from the provisions of these regulations shall have been allowed by the Board of Adjustment: 1. No person shall erect or increase the height of any structure, or permit the growth of any tree, to a height in excess of that provided by of these regulations for the zone or area where such act occurs. 2. No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or Poles or other structures supporting the same within 200 feet of the outer boundary of the airport as said boundary is shown on the Airport Overlay Zoning Map. 3. No person shall otherwise use property within a zone established by these regulations in violation of the use restrictions of these regulations, or in such a manner as to create an airport hazard as defined herein. 11% Ordinance No. Page 14 SECTION XV. PENALTIES. Each violation of these regu attons shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished by a fine of not more than $100 or by imprison- ment for not more than 30 days. Each day a violation occurs or continues to exist shall constitute a separate offense. SECTION XVI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. Sections 36-38 through 36-43 of the Iowa City Code of Ordinances are also repealed hereby. SECTION XVII. SEVERABILITY. If any section, provision or part of the Ordi- nance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or un- constitutional. SECTION XVIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage by both the Board of Supervisors of Johnson County and the City Council of Iowa City, approval and publication as required by law. Passed and approved by the City Council of Iowa City, Iowa, this day of , 1984. ATTEST: G11Y CLERK Passed and approved by the Board of Supervisors of Johnson County, Iowa, this day of , 1984. CHAIRMAN ATTEST: IU It was moved by and seconded by that the Ordinance as read be adopted by the City Council of Iowa ,ty an upon roll call vote there were: AYES: NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber First consideration Vote for passage: Second consideration: Vote for passage Date published It was moved by and seconded by that the Ordinance as read be adopted by the Johnson County oar o ups e�sors, and upon roll call there were: AYES: NAYS: ABSENT: Donnelly Langenberg Meyers Ockenfels Sehr MINUTES OF STAFF MEETING May 30, 1984 Referrals from the informal Council meeting of May 29 were distributed to the staff for review and discussion (copy attached). Items for the agenda of June 5, 1984, will include: Public hearing on Rochester Avenue water storage tank. I Resolution approving contract and bond for the Highlander Lift Station Set public hearing on the Shamrock/Arbor Creek Channel Improvements Project 1 Resolution adopting schedule of fees for water main taps 1 ! Resolution authorizing agreement with Johnson County and A-1 Cab ! Company for FY84 SEATS supplemental service i Resolution authorizing the FY85 Cambus Supplementary Service Agreement I Resolution authorizing release of lien regarding a promissory note executed by Eva Mae Allen I Resolution adjusting legal fees for John Hayek Set public hearing for July 3 on Tree Regulations i Public hearing to amend the off-street parking design standards and I locational requirements to exempt single-family dwellings and duplexes F � Public hearing to vacate a portion of Melrose Avenue right of way f Public hearing on renaming Sandusky Avenue to Sandusky Drive Second reading of an ordinance rezoning 3.52 acres east of First Avenue extended Final reading on an ordinance to permit specialized private schools t in RM -12 zone I Resolution approving preliminary plat of First and Rochester j Addition, Part 2 Resolution approving preliminary plat of Deer Hill Subdivision Recommendation from Planning and Zoning Commission to deny rezoning from Al to RS of land north of I-80 and Highway 1 Resolution authorizing Mercy Hospital to use certain public right of way for signs Public hearing on IRBs for Pharmaceutical Development Systems IIS07 ■ 1-N\ I I t Second reading of ordinance amending Chapter 8 regarding permanent j coverings over public walkways r Resolution adopting contract for Highway 1/Interstate 80 pumping station The City Manager advised that the City Council agreed to the summer meeting schedule. The meetings during this period may be somewhat longer than in the past months. He also advised that the 01d Library will be discussed on June 19. The Human Relations Director advised that the performance evaluation packets were sent out yesterday. If anyone will have a problem with the due date of E June 15, they are to advise Anne. E Prepared by: i Lorraine Saeger 3 i I I I I i i Informal Council Meeti May 29,l084 �� ------ 1 MINUTES OF STAFF MEETING June 6, 1984 i � Referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached). I The City Clerk noted that certain mikes in the Council Chambers were not working. The Broadband Telecommunications Specialist will check to see what the problem is. A copy of a memorandum from the Assistant City Manager to the City Council, entitled Summary Report - Program Division Objectives for the First Half of FY84, was distributed to the staff. The FY84 year end reports from the divisions will be attached to a cover memo and forwarded to the Council. The staff was requested to carefully prepare these statements and the Department Heads are to thoroughly review the statements from the divisions before they y are submitted to the Assistant City Manager. The staff was requested to submit agenda items for the meeting of June 19 by 10:00 A.M. next Wednesday, June 13. The City Manager stressed the importance of prompt responses to referrals. The Department Heads were requested to carefully monitor the due dates for responses to referrals. Pre ared by: 1 Lorraine Saeger U f F 1191 00 Informal Council Meeting DEPARTMENT June 4, 1984 REFERRALS SUBJECT p REF�D DATE CMENTS/STATUS OM Kammermeyer Ravine 6-4 PPD Assistant C June 18 ty Mgr t coordi to What is status? May 21 referral. Sale of Cable TV Franchise 6-4 ACM June 28 co Proceed with BTC remmendation.(' Get report from N. Johnson. Memo to Council re. Nos. 3, 8, and 11 - Senior Center Evaluation 6-4 Bette June 22 Info for Council re. May 21 referra Status?? Hotel Project - W/MBEs 6-4 PPD June 15 Memo to Council - what are W/MBE requirements and how are these being met? W/MBE Program 6-4 City Attorn June 22 Update legal opinion re. set asides. Housing Code Amendment 6-4 H&IS July 13 Re. striping of hard surfaced parking lots - status? In legal.' U Housing Survey Info 6-4 Info Specify copies of all press releases for Council packet if it contains info Council has not until it goes in packet. Informal Council Meetin June 4, 1984 Page 2 Hillsborough Apar Debris in Streets Street Naming Pol Oakland Cemetary Street Sweeping 00 S l Regular Council Meeting June 5, 1984 DEPARTMENT REFERRALS � i oA J SUBJECT DATE RECD REFERRED To GATE DILE COMMENTS/STATUS Vacation of Melrose 6-5 PPD Have Dick Gibson come to June 18 informal meeting with parking plans for New Law School. Pharmaceutical Development Systems, Inc. 6-5 PPD/Assist t City t nager Informal discussion of site plan`. etc. on June 18. Notify Mr. Newhouse of the time. IRB Applications 6-5 Finance In the future, Council wishes to review plans, site plans, or whatever is available at the time Chapter 8 Amendments re. draft stops 6-5 H&IS considered. Passed and adopted. College and Clinton 6-5 Public Work June PO Investigate accident history. Are signals adequate or what alterna- tives exist to make it safer for Report t9 Gouseil in 'e.destriaRs. two weeks. Coordinate with Poli Dirt and debris in street 6-5 Public Work Police/H&IS Assistant C / June - 22 ty Manag r coordliateU Due to construction, check and notify contractors. Develop improved procedures. Cablecasting informal sessions 6-5 Assistant C ty Manag June 28 r Memo to Council re. what is required to do this. Signs for Hotel 6-5PPD June Status?? Regular Council Meet June 5, 1984 Page 2 Chapter 31-2 Amendmi Donated Alley right 00 STATE OF IOWA J -) BEFORE THE IOWA DEPARTMENTAL HEARING BOARD OF THE IOWA BEER AND LIQUOR CONTROL DEPARTMENT IN RE: Benjamin Chait, President ) Wright Street, Inc. 1 DOCKET NO. 94-B-0009 d/b/a Wilke's ) 122 Wright Street 1 DECISION OF THE Iowa City, Iowa 52240 ) HEARING BOARD 1 IWITIAL CLASS "C" LIQUOR LICENSE ) Hearing was held before this Board on April 26, 1984, on an appeal by Benjamin Chait, President, Wright Street, Inc., d/b/a Wilkes, 122 Wright Street, Iowa City, from a denial of his application for a new class 'C' liquor license by the City Council of Iowa City. Evidence i Findings of Pact Wilke's was formerly owned and operated by Christopher S. Wilke. The liquor license of Mr. Wilke at this establishment was revoked, effective April 10, 1983. Christopher S. Wilke, Iowa Beer c Liquor Control Dept. Docket I83 -L-0031 Order, May 12, 1983. -under the liquor control act the premises could not be relicensed for a year from the effective revocation date, and Mr. Wilke could not have a license or an interest in a license for two years. Mr. Wilke owns the building which will be covered by the new license. He has no interest or control over the business; has no stock; the lease was arranged in an arm's length transaction; it is for a fair price; the trade name Wilke's has been transferred to Mr. Chait; the lease is for three years with three options for additional three years each; there is no acceleration clause; the rent is to be adjusted each option period according to the C.P.I. (presumably Consumer Price Index) over the 1984 base period; and Mr. Wilke has stated he will not be employed by applicant on the premises. The above are all facts we find from the evidence presented by the exhibits and testimony of Mr. Chait and Mr. Wilke. R , 0 a ([ D Y MAY 3 01984 MARIAN K. KARR CITY CLERK (3) 1W ■ ■ r i i The City of Iowa City denied the application on the � grounds that Mr. Wilke's landlord interest in the building constituted a prohibited interest in the business of Wilke's, especially considering the retention of the name by the new Owners. They held this violated Iowa Code s 123.40 (1983), prohibiting interest in a licensed business by a person whose license has been revoked. i The city argues against the facts as set out above only on the question of Mr. Wilke's employment in the business and his continued interest in the name. Previously Mr. Chait had indicated that he might employ Mr. Wilke. At the hearing both persons indicated this previous statement is no longer true. Mr. Wilke indicated it was not true even before and he now has no plans to, and will not, be employed in this establishment. We find as a fact that he will not. Also the city suggests the retention of the name indicates a business interest by Mr. Wilke. We disagree. Mr. Chait has obtained the trade name rights in the name as shown by the trade names registration form offered in evidence. While Mr. Chait may be buying good will with the name we do not think this shows any retained interest for Mr. Wilke. In these latter findings we speak only to suggestions made by the City, no findings of fact were made by the City Council in this regard, either expressly or impliedly which we need to reverse. The record contains no intimation that Mr. Chait is not qualified to hold a license, and we find on the record before us, that the license.would have been granted by the City but for the landlord and name interest of Mr. Wilke. Conclusions of Law The question then on the facts before us is simply putt Does a landlord interest constitute sufficient interest in a licensed business so as to invoke the prohibition of 5 123.40. While we have some difficulty with this, we believe it does not and therefore reverse the decision of the city. - 2 - We first take note of 5 123.32(2( which provides that a city decision not to issue a license shall not be held to be arbitrary, capricious or without reasonable cause. This gives very broad discretion to a city, and we are generally obliged to defer to its decision and uphold it on any grounds which are not illegal. We have held in the findings of fact that the City denied the license on the basis of its reading of the prohibition S 123.40 and its belief that the landlord interest came within that prohibition. We now hold that this latter was a mistake in the application of the law, and that on a proper application, on this record, the license should be issued. Generally the landlord's interest in property leased to another is strictly a reversionary interest unless the lease provides otherwise. The lease in this case does not. Nr. Wilke retains only his reversionary interest. The fact that the name goes with the business does not affect his interest. Theoretically, he would gain by the increased good will in the business at the end of the lease period if the building does revert. However in this case, he cannot claim that for 12 years if the licensee exercises his options, over which Mr. Wilke has no control. Also the trade name rights, hence the good will in the name, have been turned over to licensee in a separate, albeit related, transaction and would not necessarily revert with the property. The City argues that we should analogize to the rule which prohibits a supplier from being a landlord of a licensed establishment. IAC 150-4.10, intended to enforce 5 123.45. We think the analogy is inappropriate. The purposes are different. The supplier/landlord prohibition is to prevent a "tied house"; the S 123.40 prohibition is a penalty provision primarily, and serves also to keep those who have shown themselves unqualified for a licenr,e from controlling licensed establishments. Nothing in this record shows Mr. Wilke would have any control and, in - 3 - 118% I fact, the record before us belies any such assertion. The penalty aspect is served by keeping the revoked licensee from having the license, and by the fact that the premises have not been licensed for a year. The statute gives an indication that the legislature did not believe being a landland constituted having an interest in the business. The statute contains no prohibition against a landlord who is the landlord only, of a premises where the license is revoked from renting to another licensee after the first year. See 5 123.40. If the landlord of the licensee who was revoked does not have an interest in the revoked business sufficient to bring him within the prohibition for the second year, then a landlord/ licensee whose license was revoked would not, by virtue only of being the landlord, have such an interest in a new business licensed in the second year. Our conclusion is that being a landlord of a premises for which a liquor license is sought does not, standing alone, give the landlord an interest in the licensed business. See, e.g., Application of Penny Hill Corp., 154 A.2d 888, 2 Storey 203 (Del S. Ct. 1959)(Liquor commissioner's landlord interest not an indirect interest in sale of liquor). Consequently we find that the City Council of Iowa City made a mistake of law in finding such interest required denial of the present application. We therefore reverse the decision of the City Council. The decision of the City Council of Iowa City is therefore ORDERED: REVERSED and the license for Wright Street, Inc., d/b/a/ Wilke's in Iowa City, Iowa, is ORDERED: ISSUED. Dated this aa!14 day of May, 1984. CHARESE YANNEY Hearing Board Member Iowa Beer a Liquor Contrtol Dept. COANIE A. WHITE Hearing Board Member Iowa Dept. of Public Safety 4 M#4 THOMAS D. MCGRAME Assistant Attorney General Hoover State Office Building Des Moines, Iowa 50319 Copy mailed to: Thomas J. Miller Attorney General of Iowa Hoover state office Building Des Moines, Iowa 50319 Charese Yanney Council Member Hearing Board Member 3435 Pawnee Sioux City, Iowa 51104 Connie A. White Dept. of Public Safety Hearing Board Member Wallace State Office Building Des Moines, Iowa 50319 Rolland A. Gallagher, Director Iowa Beer 6 Liquor Control Dept. 1918 S.E. Hulsizer Ave. Ankeny, Iowa 50021 Richard H. Zimmerman Attorney at Law Paul Helen Building -Suite 6 209 East Washington Iowa City, Iowa 52240 Marin Harr City Clerk Civic Center . Iowa City, Iowa 52240 Robert Jansen City Attonrey civic Center Iowa City, Iowa 52240 J. Patrick White Johnson County Attorney 328 S. Clinton P.O. Box 2450 Iowa City, Iowa 52244 - 5 - Vi City of Iowa CrD MEMORANDUM OAfl: June 15, 1984 A TO: City Council i FROM: City Manager i RE: Material in Friday's Packet Copy of letter from the City Manager to Senator Jepsen regarding the �/ 9 8 City's UMTA application. Memoranda from the Assistant City Manager: a. Recent legislation regarding Manufactured Homes 11119.0 b. Tour of new Transit Facility / 9/ Memorandum from the Broadband Telecommunications Specialist regarding i 9z the BTC's recommended approval conditions of sale. Memoranda from the Finance Director: a. Property Tax revenues b. Automatic payment of utility customer accounts Memoranda from the Riverfront Commission: a. Canoe Trip b. Request to meet with the U. S. Army Corps of Engineers Memorandum from the Senior Center Evaluation Committee submitting the 1192 evaluation report. Memoranda from the Department of Public Works: 111919 a. Sanitary sewer improvements b. Church Street Repair 14 I i i I Memo from City Mgr. re use of Iowa River for Water Ski Shows 1200 ' ■ ■ CITY OF IOW A CITY CNIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319) 356-5CM June 13, 1984 The Honorable Roger Jepsen U.S. Senator 1110 Russell Senate Office Building Washington, D.C. 20510 Re: City of Iowa City UMTA Application Dear Senator Jepsen: Demand for transit service in Iowa City is continuing to grow. Ridership during this fiscal year is expected to exceed 2.5 million passengers. In response to this demand, the City Council has decided to expand transit service this fall. However, in order to accomplish this expansion, it is necessary that the City purchase six additional transit coaches. There- fore, the City has submitted a Section 3 grant application to the Urban Mass Transportation Administration Region _7 Office in Kansas City, Missouri. The Section 3 program is a discretionary program for which the City has been told funding is very 'competitive. Therefore, the City of Iowa City would very much appreciate any assistance you can provide to insure approval of our application. Thank you for your assistance and please contact me with any questions or comments. S' er ours, Neal G. Berlin City Manager bdw/sp cc: Mayor and City Council John Lundell, Transportation Planner SSI City of Iowa City MEMORANDUM Date: June 13, 1984 To: City Council From: Dale Melling, Assistant City Manager Re: Recent Legislation Regarding Manufactured Homes Attached please find a copy of the enrolled Senate File 2228. This bill has been signed by the Governor and becomes law July 1, 1984. It prohib- its zoning regulations or other ordinances which disallow plans and specifications of a proposed residential dwelling solely because it is a manufactured home. It is not clearly understood at this time what the total impact of this legislation will be. Staff will attend a workshop in Des Moines on June 19,1984, which will focus on this legislation and its effects at the local level. It appears that the City can still require that manufactured homes be placed on foundations and that they are subject to all other requirements pf the Zoning Ordinance which apply to site built structures. In addi- tion, all manufactured homes are subject to provisions of the national Uniform Building Code at the time of manufacture and must. be certified in compliance by the manufacturer. However, no local inspection is conducted to verify this compliance. Manufactured homes would not be necessarily in compliance with any provisions of the Uniform Building Code amendments which have passed since the time of manufacture, nor would they be subject to local amendments. This legislation does provide an exception in that manufactured homes cannot be placed on any lot where a recorded restrictive covenant would prohibit its location. Planning staff will conduct a more thorough evaluation of the impact of this legislation after the completion of the workshop on June 19. A report will be prepared for Council detailing the impact of this legisla- tion on Iowa City and what alternatives may exist for addressing those problems. bdw/sp cc: Don Schmeiser Doug Boothroy 1196 i i i I SENATE FILE 2225 AN ACT PROHIBITING ZONING REGULATIONS OR OTHER ORDINANCES WHICH _I DISALLOW PLANS AND SPECIFICATIONS OF A PROPOSED RESIDENTIAL DWELLING SOLELY BECAUSE THE PROPOSED DWELLING IS A MANU- FACTURED HONE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: I. Section 1. Chapter 359A, Code 1983, is amended by adding the following new section: NEW SECTION. MANUFACTURED HONE. A county shall not adopt or enforce zoning regulations or other ordinances which disallow the plane and specifications of a proposed residential structure solely because the proposed structure is a manufactured home. However, a zoning ordinance or regulation j shall require that a manufactured home be located and installed according to the same mtendards, including but not limited to, a foundation system, eat -beck, and minimum square footage which would apply to a site -built, single family dwelling Senate File 2229, P. 2 on the ease lot. As used in this section, -manufactured home - means a factory -built structure, which is manufactured or constructed under the authority of 42 U.S.C. sec. 5403 and Is to be used u a place for human habitation, but which 1s not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to Its body or frame any wheels or axles. A mobile home as defined In section 135D.1 is not • C manufactured home, unless it ha been converted to real property as provided in section 135D.26, and shall be taxed as a site -built dwelling. This section shall not be construed as abrogating a recorded restrictive covenant. Sac. 2. Chapter 414, Code 1903, is amended by adding the following naw section: NEW SECTION. MANUFACTURED HOME. A city shall not adopt or enforce zoning regulations or other ordinances which disallow the plans and specifications of a proposed residential structure solely because the proposed structure in a manufactured hose. However, a zoning ordinance or regulation shall require that a manufactured home be located end installed according to the same standards, including but not limited to, a foundation system, met -back, and minimum square footage which would apply to a site -built, single family duelling on the mane lot. As used in this section, "manufactured home" (� means a factory -built structure, which is manufactured or v constructed under the authority of 42 U.S.C. sec. 5403 and Is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. :A A mobile home an defined in section 135D.1 is not a manufactured home, unless it has been converted to real f,T ky property as provided in section 135D.26, and shall be taxed fA Senate,-^ile 2228, P. 3 as a site -built dwelling. This section shall not be construed as abrogating a recorded restrictive covenant. CHARLES P. MILLER President Pro Tempore of the Senate DONALD D. AVENSON Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2228, Seventieth General Assembly. Approved TERRY E. BRANSTAD Governor K. MARIE THAYER Secretary of the Senate 1984 190 City of Iowa C i, f MEMORANDUM Date: June 11, 1984 To: City Council From: Assistant City Manager (zw Re: Tour of New Transit Facility This is to remind you that the tour of the new transit facility will begin at 6:00 p.m. on Monday, June 18, 1984. Council members who wish may go directly to the new facility at 1200 South Riverside Drive. However, transportation will also be furnished from the Civic Center leaving at 5:50 p.m. If you wish transportation from the Civic Center, please call Lorraine before 5:00 p.m. on Monday so we will know how many cars will be needed. The tour will be limited to approximately 35 minutes so that your informal meeting can begin promptly at 6:45 p.m. bj1/5 1191 City of Iowa Cir, MEMORANDUM Date: June 11, 1984 To: City Council From: Drew Shaffere—s Re: Response to Requests for Further Information Concerning the BTUs Recommended Approval Conditions of Sale In response to the request from Councilmember Baker for further information on three of the approval conditions recommended by the BTC, the following is provided. Condition !3 concerns the BTC's desire to see this system remain a single tier system that includes all of the services it now offers at one price on the basic service tier. This desire was motivated by an interest in retaining the City's ability to regulate basic service rates, as Iowa City can now do under the FCC's ruling of November 8, 1983. Two factors will ulti- mately affect this condition, including HR4103 which will determine the rate regulatory authority of cities and a case currently being appealed to the FCC cal]ed Community Cable TV v. Nevada. The outcome of this appeal will determine whether a city has the authority to regulate tiering of a cable system. Condition 68 concerns the franchise fee payment schedule. The BTC recom- mended changing the current payment schedule, based on the calendar year, to coincide with the City's fiscal year. In addition, rather than paying once a year as the cable company now does, the BTC recommended the company pay the City the amount owed each quarter. This will enable the City to more accurately project what this revenue source will amount to and enable the City to collect the interest on these funds. Currently, the company pays the franchise fee once each year by the end of the third month after their calendar year ends. For example, a payment to the City on March 31, 1984, is made by the company for the gross annual revenues for the 1983 calendar year. Condition #11 concerns the use of the access facilities proposed by the grantee to Iowa City. The BTC recommended that the grantee pay an additional amount in support of the Iowa City access facilities for use of those facilities by subscribers from other communities whose franchise has been let to the same grantee. This is particularly true of Coralville, where produc- tion staff and equipment were promised by the grantee to Coralville resi- dents, when in fact it is the Iowa City access facilities and staff that are used by Coralville residents. If you have any further questions please feel free to call me at 356-5046. bjl/4 ii9a City of Iowa City MEMORANDUM DATE: June 15, 1984 TO: City Council and City Manager FROM: Rosemary Vitosh, Director of Finance p !� U RE: Property Tax Revenues We received the June property tax check this week and had a pleasant surprise as it amounted to approximately $490,000. This puts tax collections for the fiscal year at 99.92% of budget. Property tax checks in the month of June have typically averaged between $150,000 to $115,000. Our preliminary projections were based upon the June check amounting to approximately $220,000. Comments from the County indicated that the June check would be larger than usual but we did not anticipate that it would be this large. Therefore, the freeze has been lifted on the purchase of capital outlay items and the filling of vacant positions. We will, however, encourage the delay of some capital outlay purchases until October. This is due to the fact that seasonal employees and seasonal work increases cash flow needs to a maximum level during the summer months. cc: Department Heads 1113 City of Iowa City . MEMORANDUM Date: June 14, 1984 To: City Council From: Rosemary Vitosh, Director of Finance Re: Automatic Payment of Utility Customer Accounts Effective June 18, 1984, the City of Iowa City will offer its utility customers the opportunity to pay their water/sewer/refuse bills by preauthorized automatic bank account withdrawals. From our contacts with Public Technology, Incorporated and the International City Management Association, it appears that Iowa City will be the first city in the U.S. to use full electronic. transfer for payment of municipal accounts. The automatic bank account withdrawals are processed through the Iowa Electronic Transfer System which was created to allow for innovative development of elec- tronic transfers at a faster pace than was being accomplished by the Federal Reserve System. All area banks are members of this system, as are most credit unions. These members have agreed to accept the electronic transfers. The attached brochure explaining automatic payment will be mailed to all utility customeFs within the next six weeks. New customers will be offered automatic payment at the time they are signed up for water service. The regular water/sewer/refuse bill will continue to be mailed to the customer. The customer would then have 14 days to contact the City should there be any unexpected billing problems. After the 14 day period, the City would produce a computer tape of automatic payments to be processed through the Iowa Electronic Transfer System. The amount of the water/sewer/refuse bill is then withdrawn from the customer's bank account and deposited into the City's bank account. Through the use of automatic payments, the customer can realize definite time and money savings and still maintain control of the payments. If a question arises within the 14 day period, a phone call will stop the direct payment on that bill. Costs to the City will be minimal and will be more than offset by the benefits to be derived from the program. The actual cost per account is 1.58 per utility account. One benefit of the program will be allowing customers to have bills paid on a regular basis whether they are at home or out of town - vacations, business trips, etc. - which often create problems involving delinquencies on bills. It will also reduce the City's daily number of cash register transactions and will provide additional interest income for the City due to earlier deposits. We have worked with Iowa State Bank 8 Trust to establish this service and they will be coordinating the processing of our computer tapes through the Iowa Electronic Transfer System. All local banks are very supportive of the program and are eager to see the City implement it. This is the reason for the minimal fees. The banks are increasingly interested in paperless transactions which sig- nificantly reduce their workload. Three Iowa City banks have volunteered to help the City advertise the program by including mailings of the attached brochure with their customers' bank statements. Rork IA Partidpelt 1. Ask your. financial institution about pre-authodied automatic bill payment or call the City of Iowa City at )319) .356-5065. 2 Authorize service, by completing the form on the reverse side of this page,.,: and mail to the address listed. 3 The City will 'a . notifyyou'r,financial institution b processyourauthorizationwithin` { 15 days " C return notification of your Sure -Pay ;.direct payment status with the date r for the first transaction. - - d continue to mail a utility bill to you ori the`billing date.`, ;e. send the payment request to your financial institution for payment 14 days after,the billing date. T1t COM11 IMI IS 161 IYNIIng Illlltl or processed. Trt PPOIS I1141 W1119I k 111to j Nt cMcck Ne sw No tavdo'c No post o01te IMP SurePay Ql '^ Now, City.of Iowa City customers can use the SurePay service to pay utility bills. a lu C1 Y Direct automatic payments at no cost to C .the customer save you time and money. 0 N You receive the utility bill on the regular date after :a n billing Fourteen days the billing ° .0 o date, the bill is automatically paid byyour a o financial institution. G r✓ If you have a question about the bill, you o m J stop the automatic payment by N4 o 0 : Contacting your utility Customer service Ma • representative at 356-5066. M U o n. V rli E O t` e ra r' TIc dccr 1N_N hit = C C L r1'Ik 11' dill. eo = a�0 CU • .0 Qjo E E .. :3N u E.C) 0 Yourfi CDnancialInstitution,:workingwith 0 Z EE € v you and the city, makes your payments E m E o j more efficient, more convenient with the 2 v v, SurePay direct deposit programs. Y C Q) 0 U SurePay is a service of the Iowa Automated o v Z Q o ° 0 Clearing House Association JIACHAJ, ana, E E Z organization of Iowa Banks, Credit Unions .'M 13 N 2' ° and Savings and Loans. v w 02 U w Ql '^ 1, p1 a lu C1 Y C 'j i 3 3 ° .0 cu a o G pp .0 N4 «: M o n. r_ ra 5 ~ C, o C m o .0 c E E :3N u ° C o 0 E MC ! J Ql '^ 1, p1 a C1 Y C 'j i 3 ° N U o pp N4 «: o 5 'vU C, o C m o c :3N u ° C o E -.� C M w E a E¢ w ° U. ` ao MM C. m _ C LL ) v E v 0 y U a g v L C rip L 4 aUL `0.9E 7 O u N E oQj 3 o v a o i o m:. Z E t 8 UC ° Y E t c w .0 C N +; O Z .M •0 L j m Q _C U. ..E .a H < r3 rD b9z''' m M. . !- _ iC Z m IL U M M Z 0 City of Iowa City MEMORANDUM Date: June 12, 1984 To: Mayor McDonald and the Iowa City City Council From: Diana Lewis, Chair, Riverfront Commission /37` Re: Canoe Trip Mayor McDonald has proclaimed June as Iowa River Month. This coincides with the proclamation by Governor Branstad which designates June, 1984, as a time for all Iowans to partake of the recreational opportunities along the State's rivers and to become informed and involved in action to assure the rivers' continued presence. In order to survey the interesting features of the Iowa River as well as to assess the problem areas along the riverbanks, the Iowa City Riverfront Commission has scheduled a canoe trip for Saturday, June 30, 1984. The Commission cordially invites you to participate in this event. Canoes will be launched approximately 9:30 A.M. at the Sturgis Ferry boat ramp. The trip will continue to Hills, Iowa. If you are interested in taking part in this trip, please contact Monica Moen, the Planning and Program Development staff person working with the Riverfront Commission, at 356-5247 by Friday, June 22, 1984. Details of the canoe trip will be sent to all participants the week of the trip. We hope you're able to join us! bc2 19'.5- City of Iowa City MEMORANDUM Date: June 14, 1984 To: Mayor McDonald and City Council Members From: Diana Lewis, Chair, Riverfront Commission j Re: Request to meet with the U.S. Army Corps of Engineers On February 22, 1984, the Iowa City Riverfront Commission sponsored a special meeting an riverbank stabilization methods. A host of interre- lated forces cause riverbank erosion and the intent of the Commission was to inform property owners residing along the Iowa River of all the factors involved in analyzing erosion problems and to acquaint them with suitable riverbank erosion control methods. Representatives from the U.S. Army Corps of Engineers, the Department of Water, Air and Waste Management, the Iowa Conservation Commission, the University of Iowa Institute of Hydrau- lic Research and the City's Forestry Division were present to provide information and to answer residents' questions regarding streambank stabilization. Because seldom can so many experts from different agencies be available at the same time to provide information on this topic, the Riverfront Commission proposed that Iowa City residents as well as Coralville and Johnson County riverfront property owners be notified of this meeting. Approximately 175 residents were present at the meeting. Many residents attending the meeting shared the attitude that if the Coralville Reservoir were regulated to emphasize flood control versus recreational interests, streambank erosion would not be an issue below the dam. The Corps was also criticized for what the residents regarded as erratic control of the dam. At times, significant amounts of water are released from the reservoir, during which time, soils around riverbanks become saturated. After periods of intensive release rates, they argued, the Corps reduces the flow from the dam such that saturated banks no longer have a force shoring them up. Consequently, the saturated banks break away and fall into the river. If moderate release of water from the reservoir occurred and if water were released during drier months, the residents maintain, the need for substantial streambank stabilization would not occur. Since the February 22nd meeting, the Riverfront Commission has determined that it would be valuable to meet with Corps personnel to discuss all of the components that must be considered in regulating the Coralville Reservoir. Because of the unfriendly reception the Corps received at the February meeting, Corps staff members are reluctant to attend another public meeting; however, they encourage Riverfront Commission members to come to the Rock Island District office to meet with experts able to answer questions the Commission has. 1114 ■ The Commission has generated a list of questions (attached) which the Commission proposes to send to the Corps prior to a meeting between the Corps and three to four Riverfront Commission members. This would enable the Corpsto prepare the information needed to satisfactorily answer the questions. A meeting the week of July 16 or July 23 is anticipated. If you have questions you would like raised yor^haveany comments regarding I "1 3 IOWA CITY RIVERFRONT COMMISSION QUESTIONS FOR THE U.S. ARMY CORPS OF ENGINEERS What are the goals of the Army Corps of Engineers' flood control program? Referring to the Conservation Pool Guidelines of the Coralville Reservdir Regulation Schedule, what are the criteria used to set the target pool elevations? How is the daily flow rate determined and by whom? What flexibility is available in determining flow rate? How often are changes made in the Coralville Reservoir discharge rates? Who has the authority to make changes in the Coralville Reservoir Regula- tion Schedule? How quickly is the flow rate influenced by current weather conditions? What are the priorities that determine the flow rates established in the Regulation Schedule? Who established this schedule? Property owners in the Johnson County area are concerned that rapid changes in the discharge rates at the Coralville Reservoir are a major factor in riverbank erosion. What is your opinion? How can the flow be regulated to minimize bank erosion? What suggestions would you offer to moderate rapid changes in the dis- charge rates? At what rate is silt being deposited into the reservoir? How is the flow rate affected by this? How can property owners have input or get information from the Corps? i City of Iowa City MEMORANDUM Date: June 14, 1984 To: City Council From: Senior Center Evaluation Committee Re: Senior Center Evaluation Report It has come to our attention that questions were raised at the May 22 City Council .meeting regarding the Senior Center evaluation. We hope that the following information answers those questions. 1. Who were the members of the evaluation committee? Answer: Bill Coen, Chairperson, Senior Center Commission; Margaret Clover, Vice Chair, Senior Center Commission; Kathleen Norris, Chair, Council of Elders; Jim Lapitz, Vice Chair, Council of Elders; Bette Meisel, Senior Center Coordinator; Pat Ducey, Senior Center Program Specialist. 2. What was the staff involvement in the evaluation process? Answer: Staff were equal members of the team. They supplied information, in the nine areas studied, of which the other members had no knowledge - i.e. fiscal management, recordkeeping, etc. 3. What was the staff involvement in the preparation of the report? Answer: No more nor less than the other four members •as to weight of opinions and concerns. They, of course, did all the preparation of materials before each meeting so that the meetings could proceed in an efficient manner. 4. Who wrote the report? 'Answer: The committee wrote the report at its final meeting. The Program Specialist edited the report. A draft was then sent to committee members and the Senior Center Commission to critique before being shared with the City Council, County Board of Supervisors and Council of Elders. 5. What justification is there for recommendations in the report? Answer: The evaluation committee met two times a week for five weeks. Each of these sessions lasted 2-1/2 - 3 hours. We used a 150 -page workbook designed by the National Council on Aging. The recommendations in our summary report come out of that lengthy and critical appraisal of the operation of the Center. We do not believe it would be a sensible use of our time to write out a lengthy explanation for each recommendation. However, we would welcome the opportunity to meet with you to discuss the report in detail. bm/sp 1197 -� City .of Iowa Cit MEMORANDUM Oate: June 12, 1984 To: City Council and City Manager From: Frank Farmer, City Engineer 6) 5�4. Re: Sanitary Sewer Improvements City Council at the April 17, 1984, informal Council meeting, instructed staff to proceed with the Sanitary Sewer Improvements, which consist of two (2) projects, the Sanitary Sewer Rehabilitation Project and Outfall Relief System Rehabilitation Project. The Outfall Relief System Rehabili- tation Project includes relocation and replacement of the sanitary sewer line across the formal Central Junior High site, which Mercy Hospital is converting into a parking lot. The entrance for the parking facility is located over a ten inch sanitary sewer line and the attached work order will allow the City to install a manhole over the ten inch sanitary sewer line and stub a new sanitary sewer line south of the parking entrance before the parking facility is completed. This will save the removal and replacement of the new parking entrance and the need for installing a temporary entrance into the parking lot when the remaining Outfall Relief System Rehabilitation Project is completed. This project has caused some delay to the contractor for the Mercy Hospital parking facility and using the work order through Mercy Hospital is faster than the City having their own informal contract and has kept the Mercy Hospital contractor involved and informed. The cost of this work will be $8,445.90. bdw2/2 MMS—LaCIGULTANTS, INC. 465 Hwy # 1 West Iowa City, Iowa 52240 Project 10RI. Cpntre Mar'+et Parking Area Improvements Ounor Mere. Facilities Inc. Iowa City. Iowa Contractor metro Pavers Inc. Io:aa City Iowa THE FOLLOWING CHANGES IN THE WORK SHALL BE MADE: _o Attach-ent NO. 1 CHANGE ORDER jj 4 DATE ISSUED June 1, 1994 Present Contract Amount Cri¢ina'_ olus C.O.'s 51, '2, and '3 S 255,204.59 Change in Contract Amount (Add/Deduct) Add Estimated S 8.445.90 Adjusted Contract Amount S 263,650.49 Contract Completion Time C] No Change x� Extended 5 days Reduced days CONTRACTOR h'^tro °avers OWNER Mercy Facilities, Inc. 3'i ITLE DAT MMS BY TIT DATE l 4L -'i-15 l $ 47tJ ■ BY u• TITLE 7 ti �� DATE �� a City of Iowa it c a A( G:v i�' '� Q b TITLE DATE IIq D ■ 14ERCY FACILITIES, INC. 1984 Centre Market Parking Area Improvements Change Order 94 Attachment No. 1 1. Install 48 -inch dia. sanitary sewer manhole, approximately 17 -foot deep, over existing sanitary sewer in proposed. parking lot entrance. $ 3,050.00 Lump sum price ?. Construct 40 L.F. of 10 -inch E.S.N.C.P. from the manhole to south and plug for future connection with city sewers. $ 2,300.00 -ump sum price 3. 8actcfill trenches under proposed lot entrance slabs with crushed stone complying with I.D.O.T. Standard Specification 4120.04 backfill other trenches with suitable native material if available from excavat'-on, or with crushed stone, as directed by the Engineer. Estimated quantity of i crushed stone required is 300 tons Unit price : $ 7/ton $ 2,100.00 Estimated cost of granular fill haul away unsuitable excavated material as directed by the ) i. Load and Engineer. Estimated hauling time required: 16 hours Unit price: 535/hour/truck $ 560.00 Estimated cost of hauling 5. Rerlove and replace sidewalk required for sewer work in accordance with the following: $ 13.50 (a) Sawcut: 6 LF estimated @ 2.25/LF $ 48.00 (b) Removals: 16 SY estimated @ 3.00/SY $ 374.40 (c) New Sidewalk: 144 SF estimated @ 2.60/SF 6. Contractor shall be paid only for actual quantities required for items 3, 4 and 5 above. 7. All construction shall be as per City of Iowa City Standards. 8. Contractor shall provide an acceptable 2 -year maintenance bond on the sewer construction to the City of Iowa City. 9. Sewer staking and construction inspection shall be provided by the City Engineer of Iowa City or his authorized designate. 10. Mercy Facilities, Inc., shall make payment to the Contractor for the work detailed herein and shall be reimbursed for same by the City of Iowa City. 1119 City of Iowa C 1 _ MEMORANDUM Date: June 13, 1984 To: City Council and City Manager From: Frank Farmer, City Engineer Re: Church Street Repair The portion of the 100 block of Church Street, located between Clinton Street and Dubuque Street is in need of repair. The street surface is now brick with several concrete patches and sub -base failures. Plans and specifications were prepared by Engineering for an informal contract and bids were received from four (4) contractors to make these repairs. Repair work includes the south lane within 140 feet of the intersection with Dubuque Street, where the sub -base failures occurred. Alternate 1 entails constructing the improvements by replacing the brick surface. Alternate 2 entails constructing the improvements with a concrete surface. The bids received are as follows: Name of Bidders Alternate 1 Alternate 2 Wolf Construction, Inc. *$12,129.70 $ 8,696.20 Streb Construction $17,480.00 *$ 8,555.00 Metro Pavers, Inc. $21,980.00 $ 8,685.00 Superior Concrete, Inc. $22,440.00 $10,030.00 Engineer's Estimate $22,430.00 $11,200,00 *Indicates low bidder for either alternate. In the past ten years, it has been City policy to repair brick streets with brick. The brick surface cost is 42 percent greater than the concrete surface cost. Due to the high cost of brick paving, staff requests Council's advice as to which alternate they prefer so that Engineering may proceed with this project. bdw3/7 cc: Chuck Schmadeke till City of Iowa City MEMORANDUM DAf11 June 19, 1984 i0: City Council FROM: City Manager If: Applications for Use of Iowa River for Water Ski Shows Three applications for the use of the Iowa River for ski shows have been received from the Coralville Ski Club. In the past few years the City Manager has reluctantly approved a show on July 4th in the vicinity of City Park. The Riverfront Commission continues to recommend against events of this type (see memorandum attached) as does the Department of Parks and Recreation. In addition, the insurance coverage provided with the appli- cations is inadequate. For these reasons the City Manager .has denied all three applications. The Manager has discussed the requirements with the Jaycees and expects that a permit will be issued for the July 4 event. The City Council approved an ordinance on June 22, 1982, whereby the City Manager is delegated the authority to approve or deny requests to hold events of this type. An appeal process is not included in the ordinance. A representative of the Ski Club plans to appear before the Council this evening during public discussion. A copy of the City Manager's letter to the Ski Club also is attached for your information. 1,7-60 :I CITY OF. CIVIC CENTER 410 E. WASHINGTON ST. June 13, 1984 f. Mr. Gary Snyder, Chairperson Coralville Water Ski Club 2235 Russell Drive Iowa City, Iowa 52240 Dear Mr. Snyder: IOWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 f In recent years the City has issued a permit for a water ski show for the Iowa City Jaycees Fourth of July celebration. This year applica- tions have been received from Coralville's Water Ski Club for three events. The City previously issued the Fourth of July permit with great reluctance, for it does not wish to encourage use of the river for this purpose. •`: Both the Riverfront Commission and the Parks and Recreation Director have recommended against the issuance of these permits. The proposed insurance does not appear to be adequate for any of the events. A Policy of $500,000 covering spectators certainly is not sufficien t for the number of spectators present. In additionth protects the participants nor the City. ,e policy neither For the foregoing reasons, the requests must be denied. '! Since$ ely yours Heal G. Berlin City Manager /sp cc: David Rockwell /x,00 City of Iowa Cif' MEMORANDUM Date: June 7, 1984 To: Dennis Showalter, Director, Parks and Recreation From: Monica Moen, Associate Planner''{ 9__ Re: Water -Skiing Exhibition Requests The Iowa City Riverfront Commission encourages the use of the Iowa River for recreational purposes. The Commission, however, has encouraged more passive river activities and has discouraged the use of vessels with larger motors in the vicinity of City Park. At its June 6, 1984, meeting, the Riverfront Commission cited the following reasons to discourage water-skiing exhibitions on the river: 1. The Iowa City Code expressly prohibits the operation of vessels towing persons on water skis, surfboards or similar devices (Section 24-83(F)). There appear to be no justifiable grounds to permit a restricted activ- ity. 2. Because of the nature of water-skiing exhibitions, other vessels and individuals are excluded from using the river. 3. Debris below the water surface and submerged trees and limbs produce hazardous conditions for water-skiing activities. 4. Wakes produced by vessels equipped with large motors further deteriorate and erode the fragile riverbanks. 5. Pollution levels within the river may produce a health hazard to indi- viduals in the river. 6. A suitable boat ramp in the vicinity of City Park is unavailable. In the interest of consistency with previous recommendations made by the Riverfront Commission in regard to recreational activities on the Iowa River and specifically in regard to previous requests made for water-skiing exhibitions, it is recommended that permission for water-skiing activities proposed by the Jaycee's, by Westinghouse Electric, and by Delta Chi Frater- nity be denied. bj4/16 k /,2 6 0 PRECEDING. DOCUMENT , CITY of 10VVA CITY CfVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 June 13, 1984 Mr. Gary Snyder, Chairperson Coralville Water Ski Club 2235 Russell Drive Iowa City, Iowa 52240 Dear Mr. Snyder: In recent years the City has issued a permit for a water ski show for the Iowa City Jaycees Fourth of July celebration. This year applica- tions have been received from Coralville's Water Ski Club for three events. The City previously issued the Fourth of July permit with great reluctance, for it does not wish to encourage use of the river for this purpose. Both the Riverfront Commission and the Parks and Recreation Director have recommended against the issuance of these permits. The. proposed insurance does not appear to be adequate for any of the events. A policy of $500,000 covering spectators certainly is not sufficient for the number of spectators present. In addition, the policy neither protects the participants nor the City. For the foregoing reasons, the requests must be denied. Sincei ely yours, Neal G. Berlin City Manager /sp cc: David RockwellD rSl�i AAA12- oil -t ■ City of Iowa Cif~� MEMORANDUM Date: June 7, 1984 To: Dennis Showalter, Director, Parks and Recreation From: Monica Moen, Associate Planner' TAA_i Re: Water -Skiing Exhibition Requests The Iowa City Riverfront Commission encourages the use of the Iowa River for recreational purposes. The Commission, however, has encouraged more passive river activities and has discouraged the use of vessels with larger motors in the vicinity of City Park. At its June 6, 1984, meeting, the Riverfront Commission cited the following reasons to discourage water-skiing exhibitions on the river: 1. The Iowa City Code expressly prohibits the operation of vessels towing persons on water skis, surfboards or similar devices (Section 24-83(F)). There appear to be no justifiable grounds to permit a restricted activ- ity. 2. Because of the nature of water-skiing exhibitions, other vessels and individuals are excluded from using the river. 3. Debris below the water surface and submerged trees and limbs produce hazardous conditions for water-skiing activities. 4. Wakes produced by vessels equipped with large motors further deteriorate and erode the fragile riverbanks. S. Pollution levels within the river may produce a health hazard to indi- viduals in the river. 6. A suitable boat ramp in the vicinity of City Park is unavailable. In the interest of consistency with previous recommendations made by the Riverfront Commission in regard to recreational activities on the Iowa River and specifically in regard to previous requests made for water-skiing exhibitions, it is recommended that permission for water-skiing activities proposed by the Jaycee's, by Westinghouse Electric, and by Delta Chi Frater- nity be denied. bj4/16 /,;2 6 6