HomeMy WebLinkAbout1982-03-08 Info PacketCity of Iowa Clty
MEMORANDUM
Date: March 3, 1982
To: City.. (Council
From: Citi anager
Re: Council Meetings
Based upon your schedules, it appears that the informal Council
session scheduled for March 22 must be cancelled. However, everyone
apparently will be available to meet on the 29th and 30th of March.
Itis suggested that the City Council plan to have two extra informal
Council sessions on April 6 and April 20 from 7:00 p.m. to 9:30 p.m.
We will attempt to whittle down the backlog at those meetings..
If there are any problems with these suggestions, please let me know
as soon as possible.
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City of Iowa City
MEMORANDUM
Date: March 4, 1982
.To• City Council
From: Cii� Manager
Re: Senior Center Parking Lot
For some time the Senior Center Commission has been interested in
establishing free or reduced fee parking for the many Senior Center
volunteers. Attached is a listing of volunteers and participants who
were involved in Senior Center activities from September through December.
Because the parking system is funded through revenue bonds which are
supported by parking revenues, waiving of the fee does not appear, to be
a viable solution. Attached is a memorandum from the Finance Director
indicating that a reasonable estimated revenue from that lot would be
approximately $4,000 per year. In order to meet the needs of the Senior
Center and assume a financially responsible position in relationship to
the bond ordinances and the financing of the parking system, it is
recommended that the City in FY83 and in future years budget $4,000 for
Senior Center parking. This amount will be transferred to the parking
system and free parking will be provided, by permit, in the lot for
Senior Center participants and volunteers.
This change will be implemented unless the City Council objects.
bdw/sp
cc: Senior Center Commission
Bette Meisel
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Volunteer Hours
September Participants signed in
102 volunteers"
636: hours 2,648
October
97 volunteers*
623 hours 3,174
November
110 volunteers*
941 hours 3,879
December
90 volunteers* .
692 hours 3,216**
*Duplicated count. Some volunteersvolunteer as both host/guides
and clerks.
**Does not include those attending the Ecumenical opening on
December 6.
Eldercraft Shop Figures
Total Sales - $2,866
Total No. of Consigners - 80
Parking Facts
1. Staff parks for 4 cents an hour in the Civic Center parking lot.
2. Elderly Services Agency, SEATS, Congregate Meals, VNA,
students, etc. park in the Ecumenical Tower lot for free.
3. Trades people or repair people are issued permits for the
loading dock or park next to the Senior Center ramp for free.
4. Congregate Meals and mobile meals volunteers have special
permits which allow them to park next to the Senior Center ramp,
or in front of the house to which they are making a delivery,
for free.
S. Commissioners receive special permits to park free in the Civic
Center parking lot.
6. Visitors to the Civic Center can park free for one hour.
VOLUNTEERS ARE THE SENIOR CENTER'S MOST IMPORTANT RESOURCE, CHEAPEST
STAFF SUPPORT (BEING FREE), AND THEY PAY 20 CENTS AN HOUR TO PARK AND
WORK AT THE SENIOR CENTER!
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City of Iowa Citi
MEMORANDUM
41
Date: February 26, 1982
To: Neal Berlin, City Manager.
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From: Rosemary Vitosh, Director of Finance
Re: Iowa Avenue Parking Lot
Let me first provide some background information which should be
helpful. The Iowa Avenue lot used to be one of the biggest revenue-
producing lots in downtown'Iowa City. It averaged over $1500 per
month prior to the sale of about two-thirds of the lot to -Ecumenical
Housing. The remainder of the lot then averaged about $500 per month
until the Senior Center opened and the lot was designated for Senior
Center permit parking only. Since that time, the lot has averaged
around $300 per month.
Therefore, it is apparent why Joe Fowler and I have opposed efforts
to reduce the parking fees from 204 to 100 per hour or the total
elimination of the parking fees. The current revenue from the lot is
down 80% from prior years. In dollars, the loss -to the Parking
System is over $14,000 annually. Only $37,377 was received from the
sale of a portion of the lot and these sales proceeds will offset the
annual revenue loss for less than three years. With the potential
shortfall in the Parking Systems cashflow in the near future, this
loss .in revenue comes at a bad time. And, any additional loss of
revenue would only worsen the situation.
The suggestion to eliminate the meters from the Iowa Avenue lot has '
merit from a revenue standpoint only if the Parking Systems is
reimbursed a reasonable amount out of the Senior Center budget for
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the lost parking revenue. Since monthly income is now. approximately
$300, I would recommend an annual reimbursement of $3,600 to $4,000.
Because usage of the lot, and consequently parking revenue, are.
expected to increase as the Senior Center usage increases, perhaps
the $4,000 figure for FY83 would be most appropriate.
The one big advantage of the removal of the meters would -be to
eliminate the confusion and administrative headaches in explaining
and enforcing the usage of the lot by permit holders only. Although
this confusion has calmed somewhat, there are still problems with the
lot. Without the meters, it would be enforced as a permit lot only.
L I would be happy to discuss this item with you further.
cc: Joe Fowler
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March 3, 1982
Mr. Edwin J. Zastrow, Jr., President
Board of Library Trustees
514 Terrace Road
Iowa City, Iowa 52240
Dear Mr. Zastrow:
The purpose of this letter is to clarify, on behalf of the City
Council, its recent informal decision to provide additional funding
for Sunday service at the Iowa City Public Library.
It was clearly Council's understanding at the time this decision was
made that the Library Board intended to restore Sunday service on a
permanent basis as a matter of policy. The immediate concern is that
the Board continue to regard this service with as high a priority as
does the Council, and that this priority is maintained for the future
as a basic service level for the Library. Council would thus not
anticipate that future funding decisions will revolve around the
issue of restoring or maintaining Sunday service.
I hope that this communication will be of value to the Board in
planning for the future. It is quite evident that the citizens of
our community value Sunday Library service very highly. The City
Council and the Library Board must work together to meet these public
expectations and provide the highest quality service to all our
citizen users, and must dedicate ourselves to this joint commitment
both now and in the future.
Sincerely,
Mary C. Neuhauser
Mayor
cc: City Council
Neal Berlin
Lolly Eggers
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March 3, 1982
The Honorable Arthur Small
State Senator (37th District)
State House
Des Moines, Iowa 50319
Dear Art:
Enclosed please find a copy of a letter from J.M. Sullivan, Assistant
City Attorney for the City of Des Moines, regarding House File 764.
The the osition of the
of this billOf owhichtwasupport of
s passed last session.
I recall that in past discussions with you regarding this issue, we
agreed that the intent of the legislature was to exempt cities from
this type of liability. The recent court ruling cited by Mr.
Sullivan refers to the lack of clarity regarding the exemption for
cities. Therefore, we support the House version as passed which
would seem to clarify
t is inin that rewe gard pose any amendment which
would weaken this
nt of the
isuclearlyrreflected ensuring
in the finalthat e version of H.F. 764 legislation
greatly
appreciated.
Thank you.
Sincerely,
Mary C. Neuhauser
Mayor
cc: City Council
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fE13 231982
LEGAL D ARTMENG
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February 22, 1982
Ms. Linda Woito 8 Mr. David Brown
Legal Dept., Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
Re: Sidewalk Snow Removal Bill
R.F. 764
Dear Linda and Dave:
The Iowa Municipal Attorneys Association and the
League of Municipalities are sponsoring a bill to solve
the problem of municipal liability for failure to remove
snow from sidewalks. I am representing the Iowa Municipal
Attorneys Association.
The bill is B.F. 764 and a copy is enclosed. I have
also enclosed an explanation. Last year, the bill passed
the Souse, but the Senate did not have time to take action
on it. This year I anticipate that the Souse bill will
come up for early action in the Senate. .
Some amendments have been proposed which would weaken
the bill, and our association believes the bill should be
passed in the Souse version.
There seemed to -be considerable support for the bill
last year. Now, in order to build upon this support, it
is important to remind our senators of the need for this
bill. It would be very helpful if, at your earliest con—
venience, you would write to Senator Small and express
your support for the Souse version of the bill.
If you have any comments or suggestions about this
matter, please feel free to contact me.
Sincerely yours,
lwetl
J. M. Sullivan
JMS/dg Assistant City Attorney
Enclosure
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Explanation
SIDEWALK SNOW REMOVAL BILL
H.F. 764
When the Legislature enacted the new City Code, it sought to
eliminate municipal liability for snow removal and to make the
abutting property owner liable for it. In Iowa Code 8364.12(2), the
Legislature made snow removal an exception to the cities' general
duty to maintain sidewalks, and instead made the abutting property
owner responsible for sidewalk snow removal. Recently, the Iowa
Supreme Court decided the new provision of the City Code was not
clear enough. This bill attempts to clarify the matter by making
the exception to the cities' duty specific and at the same time
stating that the abutting property owner is liable for injury or
damage caused by the abutting property owner's failure to use rea-
sonable care in sidewalk snow removal.
As the Legislature recognized in the past, there are sound
reasons for this bill. First, members of the public generally be-
lieve that the abutting property owner should remove snow from the
sidewalk. The abutting property can do so at modest cost, and
insurance coverage is proviAed in ordinary home owners or commercial
premises policies. Second, cities do not have the resources to
shovel all of the sidewalks. Finally, the present law penalizes
conscientious taxpayers. A conscientious taxpayer will shovel his
or her sidewalk, and then this person will also pay additional prop-
erty taxes. These taxes are for the cost of insurance or judgments
obtained against the city, because other property owners ignored
their duty to shovel their sidewalks. This is unjust, and the
Legislature has tried to correct this injustice in the past. This
bill will make the Legislature's.intent clear.
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HousE PILE
BY COMMITTEE ON CITIES
(As Amended and Passed by the House)
Passed House, Date Passed Senate, Date j
Vote: Ayes Nays Vote: Ayes Nays j
1 Approved
A SILL F0�
1 An Act•reLating to the duties and liabilities of persons with
2 respect to public places located within cities, and taking i
3 effect upon publication.
4 BE IT ENACTED BY THE GENEP-U ASSEMBLY OF THE STATE OF IOWA:
9
i0 1
11 1
12 House 'Amendments
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15
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S.F... H.F.
1 Section 1. Section 364.12, subsection 2, Code 1981, is
2 amended to read as follows:
3 2. A city is-respens4b�e-fer-the-eersT-supero=sienT-nrd
4 eentre-1-of shall keep all public grounds, streets, sidewalks,
5 alleys, bridges, culverts, overpasses, underpasses, grade
6 crossing separations and approachesT-except-these-}nwfnIIr
7 required-te-be-mniatnined-by-n-rni}wey-eempenYT-nad-the-eit7
8 Shull -keep -n}}, public ways, squares, and commons open, in
9 repair, and free from nuisance, with the following exceptions:
10 a. Public ways and grounds may be temporarily closed by
11 resolution.. Following notice as provided in section 362.3,
12 such public ways and grounds may be vacated by ordinance.
13 b. The abutting property owner is-respensib�e-fer-the
14 prempt-removal-CE shall _remove snow, ice, and accumulations
15 from the sidewalks and is liable for personal injury, death,
16 or property damage caused by the failure of the abutting
17 pr9perty propertyowner to use reasonable care in the removal of snow,
18 ice, and accumulations from the sidewalks.
19 c. The abutting property owner may be required by ordinance
20 to maintain all property outside the lot and property lines
21 and inside the curb lines upon the public streets, except
22 that the property owner shall not be required to remove
23 diseased trees or dead wood -on the publicly owned property
24 or right of way.
25 d. A city may serve notice on the abutting property owner,
26 by certified mail to the property owner as shown by the records
27 of the county auditor, requiring him the abutting property
28 owner to repair, replace, or reconstruct sidewalks.
29 e. If the abutting property owner does not perform an
30 action required under this subsection within a reasonable
31 time, a city may perform the required action and assess the
32 costs against the abutting property for collection in the
33 same manner as a property tax. This right does not relieve
34 the abutting oroperty owner of liability imposed under
35 paragraph b.
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S. F. H. F. 74 fl
1 f. A city has no duty under this subsection with respect
2'to property that is required by law to be maintained by a
3 railway company
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S. F. H. F. 74 fl
1 f. A city has no duty under this subsection with respect
2'to property that is required by law to be maintained by a
3 railway company
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNNGTO(N 5f. IOWA CITY, IOWA 52240 (319) 356-5000
March 3, 1982
Honorable Mayor and City Council
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
Re: Issuance of revenue bonds for Mercy Hospital
Dear Mayor Neuhauser and Members of the Council:
You have requested my opinion concerning the issuance of industrial
development bonds for the benefit of Mercy Hospital and whether or nor such
tax exempt financing involves constitutionally impermissible aid by the City
to a sectarian hospital. A second issue is whether religiously motivated
policies with respect to abortion or sterilization constitute a bar to tax
exempt financing by the City.
As you know, Mercy Hospital has requested issuance of $23,000,000.00
in industrial revenue development bonds under authority of Chapter 419, Code
of Iowa. This request for the stated purpose of refinancing existing indebted-
ness and expansion of current facilities.
In preparing this opinion, I have examined the applicable constitutional
provisions, Iowa statutes, and U.S. and Iowa Supreme Court decisions. I also
requested and received for examination the following documents from Mercy
Hospital: Articles of Incorporation, By -Laws, Mission Statement of Mercy
Hospital, a copy of "Ethical and Religious Directives for Catholic Health
Facilities" issued in 1971, a copy of the Policy Statement of Mercy Hospital
on Abortion and Euthanasia, a copy of the "Policy Statement for Procedures
that Induce Sterility" of Mercy Hospital, all of which are preceded by a cover
page designated "Corporate Policies -Mercy Hospital, Iowa City, Iowa,,.
Mercy Hospital was originally incorporated in 1885 as an Iowa corporation
not for pecuniary profit and has at all times since then been operated and
governed by the Sisters of Mercy of the Union in the United States of America,
Province of Chicago, Illinois, more commonly referred to as the Sisters of
Mercy. The present administrator of the hospital is a member of this Order.
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Mayor and City Council
March 3, 1982
Page 2
In its Mission Statement the hospital declares that:
"Mercy Hospital is a private not-for-profit corporation in
Iowa City, Iowa. Its mission in conjunction with the sponsoring
group, the Sisters of Mercy, Province of Chicago, is to pro-
vide a comprehensive range of primary health care and related
services, secondary services, and selected tertiary specialty
services which are responsive to the needs of the people in its
service area. The service area of the Hospital includes Johnson
County and the counties of Poweshiek, Iowa, Cedar, Muscatine,
Louisa, Washington, Keokuk, Des Moines, Henry and Jefferson.
Mercy is the sole provider of hospital services for the patients
of Johnson County's private practioners of medicine."
The hospital is organized and operated in such manner as to qualify -it
as an organization described in Sec. 501(c)(3) of the Internal Revenue Code
and exempt from income taxes under Sec. 501(a) of the Code. The hospital is
self-supporting and operates on the basis of patient receipts. It is not
subsidized or unwritten by the Sisters or Mercy or any part of the institutional
Roman Catholic Church. The land and buildings are owned by the corporation.
Since the corporation is an organization described in Sec. 501(c)(3) there are
no dollar limitations on the size of this project. In the case of hospitals
the proceeds may also be used in part to retire outstanding indebtedness.
Sec. 419.2(8), Code of Iowa.
Mercy Hospital is governed on both a policy and day-to-day basis by the
sixteen -member Board of Directors consisting of seven persons who are professionals
and citizens of Iowa City. Of these, only one is believed to be a member of
the Catholic Church. The remaining nine Board members are eight Sisters of
Mercy and me Roman Catholic priest. There are seven nursing sisters employed
at the hospital and 776 lay employees. This results in a 100 to 1 ratio of
lay persons to sisters. The hospital also appears to have no policy which
restricts admissions or medical staff membership to Catholics or any other
religion.
The chapel located in the hospital is an open chapel and is not confined
to members of the Catholic Church nor is it exclusively for Catholic observances.
There are, of course, some religious symbols in the hospital, but these do not
appear to be overly obtrusive or pervasive.
There are then two issues that I believe are of concern to the Council
and ought to be addressed. The first of these is whether there is any consti-
tutional prohibition against sectarian hospitals such as Mercy utilizing tax
exempt financing. The second issue presents a question of whether a sectarian
hospital that receives tax exempt financing through the issuance of IRBs is re-
quired to provide elective abortions and sterilization procedures.
The First Amendment to U.S. Constitution prohibits Congress from making
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Mayor and City Council
March 3, 1982
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any law establishing a religion. This is the so-called "Establishment Clause".
From this concise statement, a vast body of law has grown covering numerous
aspects of the operations of religious institutions and their interaction with
government.
Although a sectarian hospital, Mercy Hospital provides health care and
services to a public far larger than the Catholic public and in so doing per-
forms an essentially non-sectarian function. Because of the operational sim-
ilarities between sectarian and non-sectarian hospitals, most of the historic
legal difficulties in permitting a governmental entity to render support to
a.sectarian corporation have been resolved.
The leading U.S. Supreme Court case addressing this issue is Hunt v.
McNair, 413 U.S. 7S4, 93 S. Ct. 2868 (1973). This case was an action or in-
junctive and declaratory relief challenging the South Carolina Educational
Facilities Authority Act as violative of the Establishment Clause of the First
Amendment insofar as the South Carolina legislation authorized the issuance
of IRBs to a Baptist controlled college. The Court held that the issuance of
the bonds did not constitute the violation of the Establishment Clause.
The analysis used by the Supreme Court set forth a 3 -pronged test to
determine whether the Establisnent Clause had been violated: first, the
enabling legislation or statute must have a secular purpose; second , the
primary effect must be of a secular nature that neither advances or inhibits
religion; and third, the state or city function must not foster an excessive
entanglement. This test was first enunciated by the Court in Lemon v Kurtzman
403 U.S 602, 91 S.Ct. 2105 (1971), which was a case involving a challenge to 4
the constitutionalilty of state aid to non-public schools. This analysis can
be applied to the Mercy Hospital situation. 1
The Iowa Industrial.Revenue Bond Statute (Chapter 419 of the Code) has
a secular legislative purpose. The benefits of revenue bonding are available j
to all voluntary non-profit hospitals in Iowa, whether or not having a religious
affiliation. In its enactment of the Industrial Revenue Bond Statute, the
legislature did not restrict by any language apparent in the Statute the bene-
fits of industrial revenue bonding to only non-sectarian voluntary non-profit
hospitals. Bonds issued between 1974 and 1980 in the State of Iowa indicate
that a large number of these issues were for the benefit of hospitals with a
church affliation, e.g. St. Joseph Mercy Hospital, Iowa Methodist Medical Center,
Iowa Lutheran Hospital, and St. Lukes Medical Center. In addition, a number
of other issues were provided for health care facilities with a church affliation,
e.g. Northwest Baptist Home Society, Evangelical Luthern Good Samaritan Society,
Methodist Manor, and Lutheran Home of the Aged. It is my opinion that the legis-
lative purpose in providing the benefits of industrial revenue bond financing
is purely secular in nature. Hospital care satisfies this purpose along with
the fact that the hospital serves a wide community need.
The second requirement is that the primary effect of the bond issue must
be one that neither advances nor inhibits religion. To identify the primary
effect, the analysis narrows its focus from the enabling statute down to the
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Mayor and City Council
March 3, 1982
Page 4
particular transaction --revenue bond financing. As indicated, Mercy Hospital
imposes no religious requirements or qualifications for patient admittance,
nor for staff or physician employment and/or usage of the facilities. Its
facilities are designed for the delivery of health care. There is no evidence
that the "Catholic presence" rises to the level of religious indoctrination.
The nursing sisters on the staff are available for the delivery of health care,
not for religious purposes.
A more specific analysis of the "primary effect" test is provided in
Roemer v Board of Public Works of Maryland, 96 S.Ct. 2337 (1976). In this
case Maryland established a program of grants to the state's private colleges,
some of which had religious affliations. The program was challenged insofar
as it provided grants to four Catholic colleges, the contention being that the
colleges were constitutionally ineligible for the aid. The U. S. District Court
made extensive findings of fact and concluded that the colleges were not "per-
vasively sectarian". The U. S. Supreme Court accepted the findings and agreed
with the conclusion.
Among the characteristics of the Maryland colleges with which the Supreme
Court was concerned in Roemer were the following:
1. Despite their formal affliation with the Roman Catholic Church, the
colleges were found to have a high degree of institutional autonomy.
2. Although the colleges employed Roman Catholic chaplains and held Roman
Catholic religious exercises on campus, attendance at such was not required.
S. Some instructors wore clerical garb and some classrooms had religious
symbols.
4. Apart from the theology departments, faculty hiring decisions were not
made on a religious basis.
S. A great majority of students at each of the colleges were Roman Catholic,
but, the student bodies were chosen without regard to. religion.
Viewing the analysis of the Court in the McNair and Roemer cases and the
particular facts the Court perceived to be important, it is not difficult to
relate the policies and operations of Mercy Hospital to these tests.
It should also be borne in mind that there is no direct expenditure of
public funds by the City nor is there a commitment of the City's credit to the
project since this is prohibited under Chapter 419 of the Iowa Code. Since
there is no expenditure of City funds or commitment of credit, the "City aid"
is a very special sort. The aid involved in this situation is to provide a
governmental service with the City acting as a conduit. The City is authorized
by State law to merely provide a mechanism through which the hospital may borrow
funds on the basis of its own credit and the security of its property upon more
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Mayor and City Council
March 3, 1982
Page 5
favorable interest terms than otherwise would be available. The City will
sign all of its rights isecurityninterestewhatsoeves to the rrinathe te 1project ending lortthe
tions
and will not retain any letel divorced from the project and the loan
ry
land. Iowa City will be comp Ymv
effect of theethe bonds have assistance afforded nbysthe dCity tto Mercy pHospital aistneitherato
advance nor to inhibit religion.
The third test that must be satisfied is to determine whether the revenue
bond function would foster an unconstitutional degree of entanglement between
the City and the hospital.
In order to prevent excessive entanglement, must be
the KlimiTdato inspections
ir case et that
state or city involvement in the p 1 agreement between the parties, and to
assure compliance with the terms of any B ent of
will not be involved in setting fees for the
assure that fees are sufficiently high to meet debt service and repayment
the bonds. In this case the City ins inspections except for the purposes of building
hospital nor will there primany
rY P
requirements. Will The p involvement by the City is as the use of a
code req
governmental entity to obtain tax exempt financing.
The Supreme Court in McNair appears to adopt as a test for excessive en-
tanglement whether or not the state of local ed to the
azthetassistanceance is strlttseems clear
secular functions of the institution receiving urel secular in nature•I
that the function of a health care facility is p Y primary
have, therefore, concluded that this bond issue satisfies the purpose, v
effect, and entanglement tests under the First Amendment with no violation of
the Establishment Clause.
question of whether a
The second issue to be examined is tng throe abortions and sterilization pughthe issuance of lan
IABs
hospital that receives tax exemp procedures. 1
is required to provide electiv
Mercy
At the outset it should be not
sta statementthe
"AbortionDirectorsBoard of f
ed thatand Euthanasia":
Hospital has adopted the following j
t has become necessary for us
"Rye, the Sisters of Mercy, believe that i
to reaffirm our responsibility to promote the dignity and worth of life
and to protect the right to life and voice our strenuous opposition to
f the practice afforded to
+ + + right to life".
the current relxation o
+ + ' Therefore, we reaffirm our opposition to abortion and to euthan-
asia."
The statement provides "The only reason for allowing I
In addition, there is a written policy labled "Policy, Statement for Procedures
That Induce Sterility"• is the presence of a pathological condition in
sterilization in this hospitalrocedures are not permitted.
the patient". Elective sterilization p
•I IJORM^VMICR'�LAB
CEDAR RAF IDS • DES MDINES I
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Mayor and City Council
March 3, 1982
Page 6
In 1973 the U. S. Supreme Court in Roe v Wade, 410 U.S. 113, 93 S.Ct.
705, (1973) ruled that a citizen has a constitutional right to an abortion,
and as a corollary, to obtain sterilization procedures. Since these decisions,
there has been substantial litigation which attempted to establish the para-
meters of this decision.
Much of this litigation considers the existence of "state action" by which
this constitutional right flowed to the individual through the Fourteenth
Amendment. Challenges to hospitals or health-care facilities refusing to per-
form elective abortions have been based upon the licensing activities of the
state, the tax exempt status of the hospital, receipt of Hill -Burton funds or
other funds, whether the hospital was regulated or inspected by the local, state
or federal government and the existence of leases of conveyances between the
hospital and governmental bodies.
By and large, the courts have rejected these arguments and have concluded
that although the state is involved in a very general way insuring that adequate
health care services are provided to its citizens, the state involvement does
not relate to the daily operations of the facility and as such is not sufficient
to constitute state action.
In Briscoe v Brock at al, 540 F.2d 392 (1076) the U. S. Court of Appeals
(8th Circuit) el that the receipt of public funds under the Hill -Burton Act
or other federal or state programs, does not in and of itself change the
character of a private institution so that it becomes a public institution ob-
ligated to makes its facilities available for the performance of abortions.
The Supreme Court decision of Poelker v Doe, 432 U.S. 519, 53 L.Ed 2d 528
(1977), provides that not even a public ospital could be compelled to perform
or provide abortion services under the Equal Protection Clause of the Fourteenth
Amendment. In Poelker, the City of St. Louis adopted a policy in a city -owned
public hospital t at ortion services would not be available except where grave
physiological injury or death threatened the mother (therapeutic abortions only).
The doctors at the obstetrics -gynecology clinic at the hospital were drawn from
St. Louis University School of Medicine, a Jesuit -operated institution opposed
to'abortion. The Court held that a city may elect as a policy choice to pro-
vide maternity care and not provide corresponding elective abortion services.
The only reported case that I was able to find that considers the effect
of utilization of tax exempt financing on a hospitalOs abortion policy is the
case of Greco v Orange Memorial Hospital Corp , 374 F.Su 227 E.D. Tx. 1974)
aff Id, Sia r.[a 973 (5th Cir.)- 00
involved the use of a governmentalrt. denied,y to
U taxlexemptOfinancingsforsa
health care institution, using sale -lease back approach in which actual legal
title was conveyed. The Court concluded that the activities were insufficient
state involvement to constitute the necessary "state action" to mandate the
performance of abortions or provide facilities therefore.
It thus appears that religiously motivated policies with respect to abortion
or sterilization will not affect a sectarian hospital's participation in tax
exempt financing.
JORMMICROLAB 1
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Mayor and City Council
March 3, 1982
Page 7
fore, my
on that
bonds by
the City lfor tthe ebenefit of Mercy 1Hospital twould he snot cviolatevthee of reenueEstablish-
ment Clause of the First Amendment nor is Mercy Hospital required to provide
elective abortions while receiving tax exempt financing through the issuance
of industrial revenue bonds by the City of Iowa City,
. I realize that this opinion is quite lengthy, but the questions posed
by the Council are complicated and do not lend themselves to a simple or short
analysis of the existing law as it relates to tax exempt financing in these
constitutional areas. I will, of course, be glad to answer any questions that
the Mayor or Council may have concerning this opinion and the conclusions reached
herein.
Very truly yours,
w� se
Robet W, Jansen
City A torney
RWJ:jb
cc: Neal Berlin
Linda Woito
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City of Iowa City
MEMORANDUM
Date: March 1, 1982
To: City Manager
From: Michael Kucharz� r
Re: Council Referral February 1, 1982 - Mercy Hospital
Neal,'please be advised that I have been in contact with Sister Venarda,
Administrator of Mercy Hospital, regarding the proposed expansion plans
to their facility. The Sister has advised me to contact their architects,
Hansen Lind Meyer, to provide early interface between City code review;
design and the desires of the hospital to move ahead in a timely manner.
Glenn Siders has made contact with the architects at Hansen Lind Meyer
working on the Mercy project, and as soon as preliminary designs are
available for reproduction, Glenn, Don Schmeiser and myself will meet with
the architects to review the project in light of City codes, regulations
and concerns.
I will advise you of the progress.
bjl/17
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City of Iowa City
MEMORANDUM
Date: February 17, 1982
To: City Council
From: Airport Commission
Re: Mercy Hospital Proposed Helipad
In response to your letter of February 4. 1982, the Airport Commission would
like to offer the following information for your consideration.
1. The air traffic to and from the proposed location would not have an adverse
impact upon current traffic patterns at the Iowa City Airport. However,
with the designation of Runway 6/24 as the preferential runway and with the'
probable instrument approach to be added to that runway it is unknown what
type of approaches and departures the FAA will establish for that runway.
But it would appear that the area directly south of the proposed location
would be critical, as far as an instrument approach to Runway 24 is
concerned.
2. We would recommend air traffic approaching from the north or south to
follow the Iowa River to Market Street and then turn east and follow Market
Street to Mercy Heliport. Traffic approaching from the west would fly over ?
the U of I and across the Iowa River at Market'Street and follow it to the
Heliport. Traffic approaching from the east should come in over Hickory
Hill Park and proceed direct to Mercy Hospital.
3. The activation of a Heliport comes under the jurisdiction of the Code of
Federal Regulation - Title 14 (Aeronautics and Space) - Part 157. Being
that Mercy Hospital is less than 10 nautical miles from an airport for
which an instrument approach procedure has been authorized and less than
one nautical mile from any heliport, they are required to file FAA form
7480-1 (Notice of Landing Area Proposal). The FAA will then make
aeronautical studies of the heliport proposal and after consultations are
held with interested persons, as appropriate, will advise those concerned
of the results. These determinations will fall within one of the following
categories:
(1) No objection to the proposal
(2) No objection to the proposal if certain conditions are met.
(3) Objectionable, including reasons for the objections.
The airspace determination does not constitute endorsement of heliport
sites or approval of heliport•development plans. Approval of development
_ plans and endorsement of sites are only necessary when federal funds are
used to build the facility. Attached for your review are the
determinations the FAA made upon the original request back in 1979, in
which they state certain approach/departure paths would have to be
established and they also voice their concern of the lack of suitable
emergency landing areas. That determination expired on July 1, 1980. It
should be remembered that this is only an airspace determination and is in
no way FAA approval for the Heliport. Final approval can only be given by
City Council.
i
394
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CEDAR RARIDS DES MDIYES
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4. The City has the authority to approve or not the location of the heliport
per the "Code of Ordinances - City of Iowa City", Chapter 4, Sec. 4-1
(Operations Over City), "No person shall operate or cause to be operated in
the air over the city any airplane, balloon, or other aircraft at an
altitude of less than 1000 feet, ...., nor land the same within the city
limits unless the written consent of the City Council to so operate or land
the same has first been secured, except at the airport under the rules and
regulations governing the same and in compliance with the laws of the
State. (Code 1966, 53.22.5)."
5. We feel that an "EMERGENCY ONLY" Heliport at the Mercy Hospital would be an
excellent addition to the City's emergency transportation systems. With
only one or two estimated operations daily, we do not feel this would
impact the area. However, it should be understood that if the heliport is
approved it should only be used for emergency transportation and not be
used as a base station for a helicopter. Our prime concern for not
recommending a helicopter to be based there is its close proximity to a
residential area, increased usage, and increase in noise.
If you have any other questions concerning the proposed heliport contact Fred
Zehr at 356-5045.
1
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CEDAR RAPIDS •DES MD14E5
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DEC 10 1979
�%
Hr. 1toCer u. Garrett
g
Assistant Auministrator /
Hercy hospital
50i Hark_t Strvut
Iowa City, lova 5224G
i
6ukicet: l;arcy 11osPital Heliport
1�
Johnson County
Iowb City, Irma
IJ1
Notice of Airspace Detumination/rstab lisluavat
Airspace C4aa No. 75-ACL-O99-I;1W
Deur ,It. Garrett.
We have reviewed from an airspace -use standpoint the esteblishmunt of
i
nub;ect private—use heliport, having a Propound Lu' x2'v0' landing/taheof[
area, and a 43' 40'
I.
a rooftop platium touchdown area. i71u heliport is
wlthiu t;,e city limits
locand
of Iowa City, lova, at latitude 410 3?' 1611,
and lof
longitude 910 31' 40'.
An nn—sity inspuctiou of sub,uet heliport was made on Au;.:ust 16, 1'07 by
purdouuvl of t1m FAA Genvral'[.vlatlon Distract Cffico. The following
coumats
were submitted for our reviuw:
i
\
1. Proposed heliport has poor approach/departure
II
paths cousiderin„
ewerauncy landing areas if a power unit fails on a single
`
ungine helicopter.
4
2. A possible aPproaeh/departure path is to the south/southuaet of
the
E
propoccd heliport. Thu first open area, approximately one
block southeast
of the proposed heliport is a playground for
children attensing school. The
open area southeast of the
Playground is comucrclal zoned
property and Is. open at the
present time.
3. The only other possible approach/departure patho would be over
structs to the rooftop. The approach/departure paths arc [rev
of obstructinns above the
surface of the rooftop in a 270
degrev are from 135 degrvus clockwise to 045 drdroes. The
only
Obstruction is the part of tha building thst extunds above the
zuuf (spPro;amatuly two storir.R) from 045 dvZreto clockwise to
135 dagreua.
This part of the building Jigs the door which is
the ocer:ss into th, hospital.
. _.1
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CEDAR RAPIDS •DES MD14E5
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The dimuasioaa of the takeoff and la:lding area o[ an clevati.d holiport
arc kuyud to the sire of the halicoptvr uxpccted to operate thurefrom.
To the tatunt ti:at circumstances permit, the rccu=eudcd dimausionn of
the: takeofi and landing area are at least 1.5 ticus the overall length of
the larScst leulicopter expected to use thu facility.
The untarc rooftop surface dariSmated as the takcotf and landing area,
plus any htlicoptur parkin;, pocitiors, should be designed to support the
static and dyuamie loads icposud by the largest helicopter expected to
use the facility.
Our aeronautical study concludes that the fulfillment of your proposal
will nut adversely affuct the rife and efficient use of airspace by air-
cratt provided the following conditions are adhered to.
1. 57:at approach/dopartura paths to the landing area are maintained
for a minimum 8:1 Slice slope. Obstruction clearance planes
(Slide slope), aligned with the direction of Elle approach /departure
paths, extend outward and upward from the landing/takeoff area
to the enroute altitude at an angle of o fact horizontally to
oae foot vertically (u:l).
That the transitional aurface be maintained for a minimum 2:1
slope. 111c transitional aurfaeu extenas outward and upward
from the adges of the lauding/takeoif area and approach/departure
clearance planes at an arelu of 2 feet horizontally to one foot
vert,-cally (2:1) to a distance OL 250 feet from the center or
the landing and takeoff arca and 250 feet from the centerline
of the upproach/dupartura clearance surfaces.
This determination should not be construed to mean FAA approval of the
physical davclopmcut involved in the proposal. It is a determination
that reicrs only to safe and efficient use of airspace -by aircraft, and
docs not preempt or waivu ordinances, laws• or regulations of other
r f,uvonmlental bodies or agencies. In malting this determination, FAA has
considurLd ratters such as the cffact toe proposal would have. on existinf;
or eoutomplatud traffic of neighboring airports, effects it would have on
exiuting alropace structure and projected programs of M, and effects
that existing or proposed man-made ob,ects and natural objects within Ileo
aff•cctud area would have on this proposal.
lie wish to advise that this asancy does not have the statutory authority
to prevent construction of any structure ucar the heliport. Protection
uvnnrn
rn ov
u
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JORM..- R6C.AB- "
CEDAR RAPIDS DES MOIRES i
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cf h.11port environs can be accosplishud r_ost cficctivuly through ouch
M -31"u nes local zoning ordirauecs and acquisition of property rights.
This atrupacu deternination dour: not iuuicato the propesca development is
cnvirontl4ntally necf-ptable in accordance 'with rub ue Laws 91-1;0, i1-256
ane 7u-4'.,5• An cnviru=ental reviec and tiuulns is n pr.rogvieite to itA
approval for a L•eliport situ for future Federal participatlou in the
devululrocnt of all uxietiuS hullport,
This airspace dct:rElination dots not constitute endommcnt of huliopce
sites or apprsral of i:clirort &VufOpLlal1,t pla:u, Approval of dcvuiopcunt
plat and endorsement of sites are necessary wbuu duvelopcwnt of the
hcliport will be accouplishod With Ftdcral assistance under the Airport
Development Aid Protram.
Enclosed is a copy of kAA Form 5010-5 which is sell-adCressed and poataCc
pn1J' An soon as your hcliport becomes operational, please cuaplctc this
foto and drop it in tho mall. The four will be submitted to 1Jasldu;;ton'
whure it will be data proeccted and *& site nunber assigned-
This airspace datrrnination expires July 1, 141,0, unless you notify our
or a written request for an eseu,aiun
office that eonotruetion has started
in submitted prior to the expiration date.
If we eau be of any further csristanca to you, please contact us at
(016) 374-2ldl.
Slaccrely, i
Ori!ia21
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Freceric_ _.
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FRMEI'.ICK L. CASON
Airport Uper+tioua Spdcialivt
Enclosure
I
cc: lova DOT; Chicf, FSS, Cedar Rapids, Iowa; ACE -220 (2);
4GGFc530;
AAP -73U (w/enclosures)
kis, Juan Ross Howard
Assistant Director, Public Affairs
L Aerospace Ind. Associates of America, Inc.
1725 DeSales St., 1114
Washington, L.C. 20036
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"JORM "MIC CRL'AB
L(jjj CEDAR RAPIDS • DES I4014E5
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August 20, 1979 GENMAL AVIATIOIi•DISTRICT OrrICE I10. 4
3021 Army Post Road
Des Moines, IA 50321
0n -site Inspection, Heliport
Mercy Hospital, IowasCitys Iowa
Chief, Des Moines General Aviation District Office
Chief, Flight Inspection and Procedures ate ACE -220
An oa-site inspection of proposed heliport (rooftop) at Mercy Hospital,
Io:a City, Iowa, was conducted on August 16, 1979.
Ine proposed rooftop heliport has poor approach -departure paths considering
emergency landing areas if a power unit fails on a single ,amine helicopters
reference 91.79(x). One possible approach -departure path is shown on
photo no; 1 with a red line south and southeast of the proposed heliport.
(Heliport is shown with a red circle on overlay.) The first open area,
approxL^etely one block southeast of the proposed heliports is a playground
in forcommercial attending
oned pproperty andTis open et thisutheast of time. Thethe only other id
possible approach -departure paths would be over streets to the rooftop.
The approsch-departure paths are free of obstructions above the surface
of the roof in a 270 dc,gree are from 135 degrees clockwise to 045 degrees.
The only obstruction is the part of the building that extends above the
roof (approxinotely two stories) from 045 degrees clockwise to 135 degrees.
This part of the building has the door, Ybich is the access"into the
hospital. (Gee photo l;o. 2) several other photos, some taken from 1500
feet abom and swe from the roof, are included with this file. The
arrow points to oppr=ir=telt' true north. Tne circle is spprori.ately
the location of proposed heliport.
This office has no strong objection to the proposed heliport considering
it is for emergency uses possibly two operations per week according to
Mr. Roger Garrett. It does hove poor exrgeacy landing are
if we can be of further assistance, let us know.
V. A. 1410ESISM
Acting Chief
RD:d/cs
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ULVAHTMI:NT 01 TIIANSPUIITA710N IXI Ia7AllL ltillF.il'NI UI1 ACTIVAI'IUN I Ahil'01II
FEDI.NAL AVIAT ION ADMIN151 RATION 11 ALTFIIA'NUN [IF ViI IIELII.ORT
NCITICr•CIp,.LANDIr-If%A-4EA'PROP�JL L ODEACTIVATIONORAOANUONMENT 1f`
•' I�"•Tj E7 ❑ CIIANGE OF STATUS 1 ❑ SEAPLANE UASr;
4r M`P I'":'miry• ILU0IU}T;.I, (�1'�d A3R4aa p.�l�:2 JURLSS INN„ $IrrcS, Cil,, SIOSq Zip CNdrJ--
_14ercy Ilosrital•_...vv_._...__._. i YN .Market St; _Iowa City, IA 52240
A. LOCATION OF LANDING AREA
FROM NEAREST CITY '
Iowa Civ _ Johnson Iowa OR TOWN _
S. HAMF OF LANDING AREA 6. LATITUDE 7. LONGITUDE A. ELEVATION MILES DIRECTION'
__Mercy Heliport•_•____„T•• 41_*L91?T91 131_,�aC 660 0
K. PURPOSE�' x!(14 —
TYPE USE TYPE LOCALITIES IF CHAIIGE OF STATUS OR ALTERATION, CONSTRUCTION DATES ,
O PU6LIC OWNERSHIP SERVED DESCRIBE CHANGE. TO 11[41 r1 uLL Au
Ix PRIVATE - O PUBLIC 65 mile 1 Sept. 1979
0 PERSONAL PRIVATE radius L41. COMPLCTIOII
REF. AS ABOVE 1 Dec. 1979
C: OTHER LANDING AREAS FRO. : FROM D. LANDING AREA DATA
LANDING LANDING 1' EXISTING Of my) PROPOSED
ARCA AREA i
m0„ETIC LC aL CF
Mile W RUNVtlIS!OR SEASEALANIIfI
Iowa City Airport SW 1.7 am OA fFLFWGTALANFIMHOF "N FEET
I -W
Oi IDTH 01 RU„NAYIM OR
University of Iowa Qn S[ALANCISI IN FEET
Hospital Heliport W 1 Z<
W MAGNETIC LEANING OF
••� IRINANT LANDING DIACCTIO„
TAE OF RUNWAY SURFACE
1 ICn11w1 ANMII. C,AM, E11.1
Z
E. OBSTRUCTIONS ORGY. DIST. TARCOFF Of „NF19T 60' x 2001 I
„CIGNI FROM FROM !
TYPE AD DYE
R.O LANDING LANDING H DIM(NNONS OF TOUMOO•N • I
ARIA AREA AREA O INEA14FECT 43'x 40 I
LL
f1� �h�� Zb°- = INGRESS 14([55 ROOT[3 N, S, 6 W.
i%`O.Ih.A.R:';` rooftop platfo t
3. DESCRIPTION Of 1.1614119001 "1 O'REC"0” 1
ALL Floodlight
PRE AILING
Pad li htin g .IND _
PRESENT ANTICIPATED I
F. OPERATIONAL DATA fl/ @RI. Indlcete S YRS. HENCE !
6y Ielff, "E")
1. EST. OR ACTUAL NO. BASED ACFT.
MULTIINGINC j
AIRPORTS
SINGLL•ENGIN[ I
G. NOISE CONSIDERATIONS DACT. DIF[. uND[n 3soD Les. MGw
I NOM IMIS HELIPORTS OVER ]500 LBS. Mf.W
IDENTIFICATION LANDING IANOIN4
• ARCA ARCA 7. AVERAGE NO. MONTHLY LANDINGS
AIR CARNIER
L(NLRAL AVIATION
f University of Iowa SW 700' OT NLN ••1
Central Jr. High SE 300'
3. ARE IFR OPERATIONS ANTICIPATED
TYPE
PQ NO 0 YES WITHIN YEARS NAV AI DI
5 Other Schools NE -Sl' R861 H. APPLICATION FOR AIRPORT LICENSING r
20 Churches / All UO f1 HAS BEEN MADE LX NOT REQUIRED U COUNTY
1J7]:_ 1 m 0 WILL BE MADE 0 STATE 0 MUNICIPAL AUTHORITY
I. Hn TI FIC.ATION/I hrn�hy cern[yN.NN/Jnl Lhrt:190NR rl„nvnrnu nrrdElil m_e ere lMlllnd eomC/.•ID IO the Ont ormy_Annwm_den,
tJAME ANU 111'LC OF PEIISUN FILING TIIIS NOTICE I(yp• SIGtJA':JJ'I[ On IRS1r
Roger U. Garrett '�...•./.••�!” _�_ �-`-ef./__
• — _ •• • —_ •_ _ -__ DATE OF S)CNA'fURE �7 ELBPHO�NE N0, fPnc.•de with Arl•a cWrl
Assistant Administrator L
• . __.__.. _... ... Z/_13L79_.... (319�35G 1227
I AA FOI IM '/4110 1 11771
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0000
MERCY HOSPITAL SOO MARKET STREET IOWA CITY. IOWA 52240 319/337-05M
10 February 1982
Dale E. Melling
Assistant City Manager
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mr. Melling:
I wish to clarify a point regarding the helistop planned for Mercy
Hospital. The application in 1979 was completed and we did have an FAA
Survey. As a result of the survey, we received a letter from Mr.
Frederick D. Cason of the FAA Kansas City Office indicating approval by
stating:
"Enclosed is a copy of the FAA Form 5010-5 which is self-addressed and
postage paid. As soon as your heliport becomes operational, please
complete this form and drop it in the mail. The form will be submitted to
Washington where it will be data processed and a site number assigned.
This airspace determination expires July 1, 1980, unless you notify our
office that construction has started or a written request for an extension
is submitted prior to the expiration date."
As indicated, we had the authority to proceed. However, as the helistop
did not become operational we did not file the form and did not receive a
license. I hope this clarifies the matter. If you have any questions,
please feel free to callme.
Sincerely,
Roger. -D Garrett
Associate Administrator
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City of Iowa City
MEMORANDUM
Date: March 4, 1982
To: Charles Schmadeke, Director of Public Works
From: James Brachtel, Traffic Engineer
Re: Mercy Hospital Expansion Plans - Review of Traffic Flow Patterns
It is very difficult to comment upon the impact of the proposed expansion
without more information.
NEW PARKING STRUCTURE
The three drives to the new parking structure are not labeled as to exit or
entrance. Based upon the lay of the land and the economy of only one exit point
it is reasonable to assume that the more northerly drive on Johnson Street will
be the only exit from the parking structure. If that is true, the entrance on
Johnson Street and -the entrance on Dodge Street will pose no major problem to
external circulation. While there may be some cuing at peak times both Dodge
Street and Johnson Street should be able to absorb this queuing with no
significant disturbance or congestion. Proximity of the eastern drive to the
east west alley poses no significant problem to external circulation.
EMERGENCY DRIVE ACCESS
It appears from the preliminary sketch that the developer for the facility
anticipates one way flow past the emergency entrance and then exiting westerly
on the public alley. The project developer should be reminded that this is a j
public alley and that two way traffic will be maintained on this public
facility. This may pose counterflow vehicular congestion at the emergency
entrance. However the amount of counterflow vehicular penetration will likely i
not create a significant problem for the the hospital complex.
OLD DRIVEWAYS
I
There are three sites - two on Bloomington Street and one on Johnson Street
which appear to be existing driveways. While it is not stated on the
preliminary plans it appears that these will be abandoned. The developer should
be reminded that these should be removed and curb and sod restored.
In general the addition of a parking structure to accommodate both staff and
visitors should be viewed as a plus for the neighborhood. This off-street
parking for the hospital activity will reduce the competition for the already
limited on-street parking in the near north side neighborhoods. It is possible
that by providing off-street parking the amount of vehicular circulation in the
near north side may be reduced as cars will now be able to drive directly to a
L parking site and not need to circulate in the area attempting to find on-street
curbside parking.
Should you have any additional questions or in the event that the developer
provides more detailed plans for this facility I would be happy to meet with you
at your convenience.
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Johnson County Council of Governments
f%% 410EV�shingtcnSL baAuGty,b x52240
Date: February 17, 1982
To: Chuck Schmadeke, Public Works Director
1
From: John Lundell, Transportation Planner
Re: Mercy Hospital Expansion Plans - Review of Traffic Flow Patterns
Thank you for giving me an.opportunity to review the Mercy Hospital Expansion
Plans in regards to traffic flow patterns. My comments are based solely on the
preliminary site plans which are dated January 13, 1982.
Comment A: Emergency Entrance
The proposed remodeling and expansion plans of the emergency entrance do
not appear to create any adverse impacts on traffic flow patterns. I would
expect the proposed design to function very well.
Comment B: Main Hospital Entrance and Out-patient Drop-off
I am concerned how the turn around circle will function particularly during
adverse weather conditions when the number of vehicles dropping people off
at the entrance will increase. It is important that the circle paving is
of sufficient width to permit easy circulation even if a vehicle is double.
parked or if snow has piled up around the perimeter. Examples of both
sufficient and insufficient widths exist at the University of Iowa
Hospitals. The main entrance turn around and drop-off at University
Hospitals is wide enough to permit the easy circulation of vehicles even if
there are double parked vehicles. On the other hand, at the North Entrance
to University Hospitals it quickly becomes congested with the existence of
double parked vehicles. My concerns are that traffic will back up onto
Market Street if congestion develops around the main entrance to Mercy
Hospital.
Comment C: Out-patient and Doctors' Parking, Receiving Entrance
With the installation of proper signage I perceive no adverse impacts on
traffic flow.
Comment D: New Parking Facility and Existing Surfaced Lot
Without having the entrance and exits to the parking facility labeled, it
is difficult for me to comment. However, it is desirable to have the east
entrance/exit point of the ramp be from the alley between Dodge and Johnson
Streets. By doing this, there would be only one entrance/exit (the alley)
to Highway One, (Dodge Street).
I would be happy to discuss these comments with you further. Please do not
hesitate to call me with any questions you may have.
bj3/2
cc: Don Schmeiser
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City of Iowa City
MEMORANDUM
Date: March 4, 1982
To: Neal Berlin and City Council
From: Chuck Schmadeke C�
Re: Benton Street -Riverside Drive Improvement Project
The Public Works Department has been working with the I.D.O.T. staff to deter-
mine design criteria for the Benton Street -Riverside Drive Improvement project.
There are three areas of concern that must be resolved before final project
plans can be developed. They are as follows:
1. The raised median along Riverside Drive.
2. Replacement of the paving on Benton Street.
3. The traffic signal walk cycle at the intersection.
RAISED MEDIAN ALONG RIVERSIDE DRIVE - The City of Iowa City staff and IDOT staff
have developed a preliminary pan tnat includes a raised median along Riverside
Drive north and south of Benton Street. The City staff would like to modify the
raised median north of Benton Street to include an opening at the old Benton
Street right-of-way adjacent to Linder Tire Company. In addition, businesses
along Riverside Drive are concerned about restricted access resulting from the
median.
REPLACEMENT OF PAVING ON BENTON STREET - The City has insisted on new paving,
rather than additional asphalt overlay, on Benton Street within the limits of
the project (the Iowa River to Orchard Street) because of the deteriorated
condition of the existing paving. In addition, the Highway 1 agreement stipulates
that Benton Street will be reconstructed to provide a portland cement concrete
curbed roadway. The IDOT does not want to contribute 50% of the additional
$20,000 cost for new portland cement concrete pavement.
TRAFFIC SIGNAL WALK CYCLE - The traffic signal design is incomplete at the
present time. IF appears however, that the pedestrian volumes are not high
enough to justify an exclusive pedestrian phase.
Also included with this memo are correspondence concerning the aforementioned
matters, those portions of the Highway 518 court stipulation and the Highway 1
agreement where reference is made to the Benton Street -Riverside Drive project,
and the minutes of the two informational meetings held by the IOOT.
The Benton Street -Riverside Drive project will have a significant impact on the
flow of traffic along Riverside Drive and is an important phase of the Highway
6, 218 and 1 improvements.
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CITY OF IOW/A CITY .
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CM
December 7, 1981
Robert Henely
District Engineer
Iowa Department of Transportation
430 16th Avenue SW
Cedar Rapids, Iowa
Re: Benton Street -Riverside Drive Intersection
Project No. 5-6-7(22)--20-52
Bear Mr. Henely:
The Iowa City Public Works Department has reviewed the design of the
raised median on Riverside Drive at Benton Street.
The Public Works Department recommends a raised median along
Riverside Drive south of Benton Street, as shown on D.O.T.
preliminary plans dated 9-10-81, to insure safe vehicular movement
through the intersection and to provide two uninhibited traffic
lanes in each direction for north and south bound traffic on
Riverside Drive.
It is also recommended that the raised median north of'Benton Street
be modified slightly to provide left turn movements onto the City
street lying south of Linder Tire Company and east of Riverside
Drive. This break in the median will not inhibit the flow of traffic
on Riverside Drive since the left turn lane is fully established at
this intersection and queuing for two vehicles is available.
If you have any questions concerning this project, please feel free
to contact me at 356-5141.
Respectfully,
Charles J. Schmadeke
Director of Public Works
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District 6 Office
430 16th Ave., S.W.
Cedar Rapids, rA 52404
Phone: (319)364-0235
December 14, 1981
REF. No. F-6-7(22)-20-52
Johnson Co.
Benton -Riverside
Charles J. Schmadeke
Director of Public Works
Civic Center
410 E. Washington Street
Iowa City, IA 52240 '
Dear Mr. Schmadeks:
Thank you for your letter of December 7, 1981, supporting the concept on
this project of a raised median on Riverside Drive.
we are concerned
with
to allow southbound lu
eftturnsrecommendation, the city street lying south of Liinnderg
Tire Company.
This proposal would force southbound vehicles wanting to tarn left (the
highest turning movement at Benton -Riverside) at Benton-Rivaraide to
queue behind a vehicle waiting to turn left to the city street. Either
this or the vehicles would swing to the right to pass the vehicle waiting
the left turn. This would effectively cut down the southboundthroCgh
lanes of traffic. With 13,000 + UPD the opposing northbound traffic
could severely restrict the southbound left turn opportunities to the city
street.
The median opening also would afford the opportunity for an unprotected
left turn northbound movement to the west. Besides being an unprotected
movement, the vehicles wanting to true left would effectively eliminate
the northbound through lane while the vehicle is waiting.
We feel the median opening recommended by the City would greatly increase
the accident potential at this location.
We would appreciate the City's position be reconsidered to provide a
median opening for the city street on the east side of Riverside Drive
north of Benton Street.
RCH:mf
cc: D. E. McLean
George Sisson
Neil Berlin, City Manager
Very Truly Yo s,
Robert C. Henely
District Engineer
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December 10, 1981
Mr. Robert R. Rigler,, Chairman
Iowa Department of Transportation
Security State Bank
New Hampton, Iowa 50659
Re: Benton Street -Riverside Drive (Highways 6, 1, & 218)
Intersection Improvement in Iowa City. Project MF -6-7(22)--20-
52
Dear Mr. Rigler:
This letter is a follow-up to comments concerning the Benton -
Riverside Project presented by the City of Iowa City at the Iowa
Department of Transportation Commission meeting held at the
University of. Iowa on November 10, 1981.
The IDOT and the City of Iowa City have agreed to reconstruct the
Benton Street and Riverside Drive intersection on a cooperative
basis. As part of the compromised settlement reached in Johnson
County District Court on April 21, 1980, the City and the IDOT agreed
to share all costs an a 50/50 basis. In addition, as part of the
Highway 1 agreement dated June 2, 1981, the City and the IDOT agreed
that the proposed facility will provide for a Portland cement
concrete curbed roadway.
The IDOT staff is, at the.present time, proposing to widen the
existing Benton Street and asphalt overlay the present roadway. The
City feels very strongly about th'e necessity for removing the
existing roadway and installing new Portland cement concrete
pavement.on Benton Street. In addition, the asphalt overlay proposed
is inconsistent with our agreement of June 2, 1981.
Benton Street was originally paved several decades ago and has been
overlayed with asphalt. It has deteriorated to the point where it is
difficult to maintain a suitable driving surface even with the
asphalt overlay. Reflective cracks and areas of settlement are
visible on the asphalt surface. In addition, the useful life of an
asphalt overlay is approximately 15 years, whereas the useful life of
new portland cement concrete pavement is about 30 years. The
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Mr. Robert R. Rigler
December 10, 1981
Page 2
difference in cost between the asphalt surfaced roadway and a
concrete roadway is approximately $20,000 which is not significant
when compared to the total cost of the project which is 1450,000. 1
The City, only too well, recognize'& the need to reduce costs wherever
possible. However, the benefits of a new pavement slab far exceed
the nominal additional costs.
As the City desires to proceed with approval of the right of way and
construction agreements, an early resolution of this matter will be
appreciated.
Sincerely yours, I
Neal G. Berlin
City Manager R
cc: IDOT Commission
Raymond L. Kassel
Chuck Schmadeke ✓
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Cost Comparison - Benton - Riverside Intersection
Benton Section Only
IDOT widening
Asphalt overlay - 218 Ton @ $50.00 = $ 10,900
8" P.C.C. pavement - 1360 sq. yd. @ $20.00 = 27,200
*Pavement removal - 840 sq. yd. @ $5.00 = 4,200
42,300
Iowa City's replacement
**8" P.C.C. pavement - 3328 sq. yds. @ $16.50 = $ 54,912
Pavement removal - 2856 sq. yds. @ $3.00 = 8,568
$ 63,480
* •Includes required saw cut, BD joints; incidental to removal
and widening.
**
This item to be machine poured while widening to be hand work.
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. RECEIVED DEC 2 1 1981
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DIRECTOR'S OFFICE
800 Lincoln Way, Ames, Iowa 50010
515-239-1111
December 17,. 1981 REF.NG. Johnson County
F-6=7(22)--20-52
Mr. Neil G. .Berlin, City Manager
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Mr. Berlin:
Chairman Rigler has asked me to reply to your letter regarding the Benton/Riverside
intersection in Iowa City. The recent public information meeting brought out some of
concernsthe but we
roject
based onthe relief of thetcongestionbat this eintersection and l there.was ethenneed ce ffor eleft-turn
storage bays on Riverside Drive. The raised concrete median concept does appear to
have an effect on the adjoining businesses but that is also necessary to ensure the
proper traffic flow and relieve the congestion•with the volumes that we have on both
Benton and Riverside.
I am aware of the compromise settlement -that is involved with this project and the
50/50 share basis on the construction cost. The intersection development has been
accomplished in line with that agreement and also with consultation with your
engineering staff at Iowa City. The work on Riverside has been developed for
widening all on the west side to aid the maintenance of traffic during construction
and to provide the best alignment with the intersection to the south. The project
development on Benton Street has been involved with the widening of the approach width
on each side to aid the right and left turn movements onto Riverside so that the
traffic signals could be cleared with each cycle. In addition to that, the taper from
a four -lane, developed intersection on Benton was extended to the bridge on the east
and to.Orchard Street on the west to aid in.the traffic flow as it approaches this
very busy ;intersectioI^x.;:?;n-.,,.,�,
It has not been the Department of Transportation's policy.to'do extensive reconstruction
off of the primary road system unless' it is necessary for profile grade change or to
provide additional capacity at the primary road intersection. We feel we have ac-
complished that by the widening as it is proposed and the project as it is now
developed.
We have provided Portland cement concrete curbed -roadways on all intersection legs, and
we have reconstructed where necessary to provide widening on Riverside and on Benton.
We did not replace the pavement on Riverside because we feel it is adequate and we
Provided the crown correction necessary on the west side by an asphalt overlay. It is
our intent on Benton on the center portion which is the existing pavement to mill the
pavement for crown correction and provide asphalt overlay as necessary.
COMMISSIONERS
BARBARA DUNN C. ROGER FAIR DARREL RENSINK ROBERT A. RIOLER BRUCE X
D., MOIn., 0 ... Bbr. C . VAN GRUFF DEL VAN HORN Anbr N.. H.", R•, AN DENNIS W, VOY
J.IINbn
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Mr. Neil G, Berlin -2- December -17, 1981
We agree with you that we must reduce costs whenever possible and we must stay
with our policy of not improving city streets from primary road fund dollars
unless it is a part of the total -improvement,. This is consistent with our past
U -STEP considerations that we try -to keep these costs to aminimum.to solve the
immediate problem at an intersection or location and not extend beyond those
limitations,. I hope you will review this in -a favorable' manner and approve the
right-of-way and construction agreement so.that.we can proceed with this project
in an orderly manner.. As'you are aware, the'public information'meeting has been
held.;. and we are now ready to begin right-of-way negotiations•with.the project
scheduled.for 1983'construction. If I can•provide'additional.information for
you, please let me know.
RLK: GFS:,cb
cc: Robert Rigler, Chairman
Iowa Dept. of Transportation
Security.State Bank
New Hampton, Iowa
D. E. McLean
Director - Chief Engineer
Iowa DDT
Ames, Iowa
R. C. Henely
District Engineer
Iowa DDT
Cedar Rapids, Iowa
Ve truly yours,
aymond L. Kassel
Director
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314 W+ t Benton Street
Iowa L,�ty, Iowa 52240
January 13, 1982
Dwight L. Stevens
State Traffic Engineer
Iowa Department of Transportation_:_
800 Lincoln Way
Ames, Iowa 50010
Dear Mr. Stevens:
This is in reply to your letter of January 12 to me concerning
�rovisions for pedestrians at the intersection of Riverside Drive
ur-S. 6-218 and Iowa 1) and West Benton Street.in Iowa City. .
Your letter indicates you did not read my letter carefully. You
state that I indicated I was crossing Riverside Drive on a "walk"
signal. There is no !'walk "..signal: at the. intersection. I was
crossing'on a "green" light.
.I•stated that "walkn.signals,such as those along Burlington Street
at Clinton Street and Dubuque Street are not adequate because they
do not stop traffic from turning while pedestrians.cross.
Neither, did ,I suggest some type, of pedestrian overpass. I simply
stated that the only places one'can now safely cross Riverside
Drive'are•on the -pedestrian overpasses -at Burlington.Street and
at Iowa•Avenue, the nearer of these, Burlington Street, being
nearly a half mile away.
I am pleased to note you are considering pedestrians. However,
You do not indicate whether traffic will actually be prevented
from .making turns while.pedestrians cross, other than by what
the Code of Iowa and the Manual on Uniform Traffic Control Devices
state.
It is my opinion that not many automobile drivers have read either
of these documents.
Itr is"my observation that many drivers -do not stop for pedestrians
if they believe they can beat.the pedestrians into the intersection.
Must we wait until a pedestrian is injured or killed before we
really make intersections safe for them?
Please design the intersection to be safe from the beginning.
Very truly yours,
(CAa a.a4
(Mrs.) Eleanor Trammel
` P.S. - I would-eend•copies of this letter to all to whom you sent
copies, if I knew whereto, so I must omit D. A. Anderson and B. H.
Ortgies.
cc: R. C. Henely
Charles Schmadeke
James Brachtel
Ioi,•a City Council Members
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Jeo"Maa/ Cr/lllil?,d7,
HIGHWAY DIVISION
800 Lincoln Way, Ames, Iowa 50010
515-239-1513
January 19, L•451.12
Johnson County
Mrs. Eleanor Trummel
314 West Benton Street
Iowa City, Iowa 52240
Dear Mrs. Trummel:
This is to acknowledge your letter of -January 13, 1982 which was
in reply to my remarks concerning provisions for'pedestrians at
the intersection of Riverside Drive (U.S. 6/218 and Iowa 1) and
West Benton Street in.Iowa City. First, I apologize for misinter-
pretation of the intent of your original letter to the District
Office.
Apparently, the principle question which went unanswered was whether
traffic will actually be prevented from making turns while pedestrians
cross. The traffic signal designed for.this location is incomplete,
therefore, we have not made a detailed analysis•of timing needs for
pedestrians and vehicles. I would speculate that pedestrian volumes
are not high enough to justify an exclusive pedestrian phase. Pede-
strian "Walk" movements across Riverside Drive would, then be -provided
at the same time green was.displayed for vehicular movements on Benton
Street to increase efficiency and -avoid congestion at the intersection.
Turning vehicles would be requizad.to yield to pedestrians lawfully
within the intersection in accordance with the Code. If traffic fails
to observe the law, additional enforcement may be necessary.
In view of your experiences and concern,,we will carefully study this
.arrangement before a final dccisi--n is made. I trust this ar_cwers
your question and invite any further comments you might wish to make.
Very truly yours,
Dwight L. Stevens
State Traffic Engineer
DLSedsr
cc :D. A. Anderson
B. H. Ortgies
R. C. Henely
Charles Schmadeke
James Brachtel
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Jeo"Maa/ Cr/lllil?,d7,
HIGHWAY DIVISION
800 Lincoln Way, Ames, Iowa 50010
515-239-1513
January 19, L•451.12
Johnson County
Mrs. Eleanor Trummel
314 West Benton Street
Iowa City, Iowa 52240
Dear Mrs. Trummel:
This is to acknowledge your letter of -January 13, 1982 which was
in reply to my remarks concerning provisions for'pedestrians at
the intersection of Riverside Drive (U.S. 6/218 and Iowa 1) and
West Benton Street in.Iowa City. First, I apologize for misinter-
pretation of the intent of your original letter to the District
Office.
Apparently, the principle question which went unanswered was whether
traffic will actually be prevented from making turns while pedestrians
cross. The traffic signal designed for.this location is incomplete,
therefore, we have not made a detailed analysis•of timing needs for
pedestrians and vehicles. I would speculate that pedestrian volumes
are not high enough to justify an exclusive pedestrian phase. Pede-
strian "Walk" movements across Riverside Drive would, then be -provided
at the same time green was.displayed for vehicular movements on Benton
Street to increase efficiency and -avoid congestion at the intersection.
Turning vehicles would be requizad.to yield to pedestrians lawfully
within the intersection in accordance with the Code. If traffic fails
to observe the law, additional enforcement may be necessary.
In view of your experiences and concern,,we will carefully study this
.arrangement before a final dccisi--n is made. I trust this ar_cwers
your question and invite any further comments you might wish to make.
Very truly yours,
Dwight L. Stevens
State Traffic Engineer
DLSedsr
cc :D. A. Anderson
B. H. Ortgies
R. C. Henely
Charles Schmadeke
James Brachtel
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CITY OF
10\/VA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D
May 12, 1980
James 0. Loy
Local Systems Engineer
Iowa Dept. of -Transportation
District 6 Office
430 -16th Avenue, S.W.
Cedar Rapids, Iowa 52404
Re: Benton -Riverside Project in Iowa City
Dear Mr. Loy:
Enclosed is a copy of an agreement between the City of Iowa City and
the Iowa Department of Transportation regarding the Highway 518
project.
Item number 12 of the agreement states that the Department of
Transportation will develop the Benton -Riverside project or, a 50-50
basis with the City.
I assume we will be working with your office on design and
construction parameters.
Respectfully,
Charles J. Schmadeke
City Engineer
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Enclosure
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or publicly owne`, and all other Cacilities p,--, obstructions wnicn
are located within the limits of an established street, alley or
road and which will interfere with construction of the Project,
all in accordance with the Utility Accommodation Policy of the
DOT.
9. All storm sewers on Mormon Trek constructed by the DOT
as a part of said Project shall become the property of either the
City or County, (depending upon whether they are located within
the City or County) which shall be responsible for their
maintenance and operations.
10. Upon completion of the project the City and County
shall each receive title to and assume full responsibility for
that portion of relocated Mormon Trek Road and the frontage road
from Melrose Avenue connecting to the existing county road
I
within the City or County respectively.
11. Upon completion of this project the City shall assume
full maintenance responsibility for that portion of Melrose
Avenue which will be within its new Arterial Highway 518
interchange. At that time the City will also be responsible for
all future maintenance of Rohret Road. The DOT shall be
responsible for the structural maintenance of said grade
separation structure at Rohret Road, including repairs to the
floor, railing and painting.
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District 6 Office
430 16th. Ave. S.W.
Cedar Rapids, IA 52404
Phone: (319) 364-0235
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.7-CEIVED MAY 29 1980
HIGHWAY DIVISION
May 28, 1980
REF. NO. g-518-3
Johnson County
City of Iowa City
454 U -STEP
Charles J. Schmadeke
City Engineer
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Dear Charles:
In regard to yours of May 12, 1980, concerning the
Benton -Riverside project, I have been in contact with.our central
office. The central office has advised that design and con-
struction of the project will be a part of our pioject as an
extension of the development of the intersection of 1, 218, and 6.
I would assume that eventually we will be coming to you
with a construction agreement on the project that will indicate
how the project will be handled. You will not, however, be
required to design and construct the project.
If you have any questions, please advise.
ver WyQurs,
JOL:cmf
cc H. C. Schiel
Dir. of Urban Systems
Iowa DOT, Ames, IA 50010
Jamed' O. Loy
District Local
Engineer
COMMISSIONERS
JULES M. BUSKER BARBARADUNN C. ROGER FAIR DONALDKOARDNER WILLIAM F. MCGRATN ROBERT R. RIOLER BRUCEM.VANDRUFF
IN... MIT W Md.0 D,rmpeR C,dv RAMd, Mumu M.. H.M.R RW O.1
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The easterly extension of Ashley Drive will be
permanently closed at its junction with Iowa 1
and a cul-de-sac will be constructed. The
westerly extension of Ashley Drive will form a
reconstructed intersection with Sunset Street.
c) Miller Avenue will be reconstructed from its
junction with Iowa 1 extending northerly
approximately 83 ft.
d) Hudson Avenue will be reconstructed from its
junction with Iowa 1 extending northerly approxi-
mately 86 ft.
e) Orchard Street will be reconstructed from its
junction with Iowa 1 extending northeasterly
approximately 70 ft.
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Project Planning November 30, "!-
�:.•
.ln6nenn County .
Harry Budd p-5-7(22)-20-52=
City of Ioa City
R. C.Heely j.Rive de Dr18enton/"yr�.r�e'.�_.._.:,.
• District 6...:.. - .. .. - -
Informational Meeting w..;::
City
was
An informational meeting held
in Charles Sctaadeke+eDiirec ofon rPublic Yorks' --t
attended by twenty-four John Hocker of Design and 8111 Youells
for Iowa City, MPresented the city.
of Right of Vay,were in attendance to answer questions.=
Although
Host of the commits a and questions
nc air,oIndicadthe nee
ted that the median would •be no
Hr. John Hey. P island would 'wipe -
problem for them, but the elimination of drives and pump
us out.. He Indicated this one �f�li� mediaann bet�alsed?nu AStations. .
Hr. Dave Hartwig posedwanted to know how soon the by-pass
Mr. Hodges, from the Sinclair Company
would be completed and how muchfeelathat thfic e median would perhapsd be reduced on rnot be
necessary
at that time.- re seemed
necessary due to the reduction 1n traffic. A Mr. Leon Rees, owner of Property,
and lir. and Mrs. Chan, operators of the Canton House. were concerned not only
about the median, but also the fact that they would
was close
era number
becaf pare. king
places. Henry Linder. who has a the comp nY,
median would cut off his access to servicing semis•• •: :i:J?;••'
An Attorney .wr Honohan, had a number of questions cancerni°g why file medlaa
IA
wwhhen it was rebullt.by the Cityian andhthenfact�that.we. do nced on t bairc9i median ai ; the Coralv111e.Strip where accidents are, or sees to be, more prevaleht l"
There was a quest then making i uniform wideniJoa as to ng °n est si
both sidesin were ofonly
roadwaon y. el eia# t
Hr. and Mrs.'Hichiel Chan seemed to be'more eiotional about the lakln9�tba 44,.-;^
. ,•: .
would not'only.put the sedian.in front of their place of business; iNtt s1so:��� -•..
:reduce :the'uarber..of `parking spaces•3heY w°u1re anrintenttooilable oo putting.. • :,-.
business.-•..Mr..Chan had one vaestion-, 'Do•Y°u
us out of business?• Rr. Wagner, Pontiac dealer, indicated .+ridening.to_
the west would -remove his display area is front of the buildinngg that •11e- ::,:r•
occupies.
He qua stions he by-pass mars ®plthe ated toan useeld bif the median was absolutelyand a: a rfe
necessary. •lir: Bill O'Brien, who operates HcDonalds with his son Kevin..feli
the median would be'a problem to their business. Kevin wondered rhy Sle ;=
na
broke the median at Sturg3Prioreta the closeuof the meetingto ,etheteiwaHcaocommment -
business over to Yendyrs.
.for taking the t
thanking us
to come down to talk to thea. I believe the '
thane felt that we were listening and would give consideration to their problem3.
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Harry Budd November 30,.1981
! Ref: Johnson Co.-
1, F-6-7(22)--20-52
Cityof Iowa City
Benton/Riverside Dr.
All the attendees agreed the two thru lanes and left turn storage were necessary
for Riverside Drive.
The reasons for medians were explained to the group with the traffic'volumes:and:::�•' --
turning movements creating safety problems. Bill Youells explained•'that the''•=::-:':'
median was considered a police power in our opinion to protect the safety of the
traveling public.. Mr. Youells also explained our right-of-way procedures and .
methods of appraising for right-of-way costs.
I explained our'preference'for.a raised median, but stated we. would take another•',
look -at the 'design.' Mr. Schmadeke agreed the city would also review the design "
as it pertains to the.median. Mr..Schmadeke said he would be back to us by....,"
late next week
All in attendance "were 'advised to write us with their concerns; suggections, or
questions:
The district's recommendation is to'construct the raised median on U.S. 6, 218.
(Riverside Drive) due to the many entrances both on the east and west sides
within the project limits. Most of the entrances are high• generators of traffic
(food, service stations, etc.). A'painted median would not eliminate mid -block
left turns into the establishments, even though the turning movements would
technically be illegal. We feel a painted median would create a potential safety
and accident situation for the highway user.
Also, the Iowa No. 1 project to the immediate south of this project will havea
raised median to just south of Sturgis Drive. To drop•a raised median and to go
to a painted median at mid -block could be confusing to the
We certainly sympathize with the owners arid tenants affectedby-th s. ro
but we must make our recommendation on 1 hwa safet concerns.TiU-
7,
We do have another project on U.S. 6, 218 (at Rocky Shore Drivel',in whieh'we'heJe
:agreed to a•painted median. ;..The great -difference between the two lhtersections.':•,
is .in ,the number:of..existing,entrances'and the traffic volumes -generated 'by3'-_z,t.
these entrances:;"The'll:S: 6, 218; Rocky Shore Drive project ;has:relativelyr_`:`.:.•.
few (4-5) entrances (north "side'only).serving types of businesses --with law';
traffic•useage. The Benton -Riverside project has numerous' e6tr'66ces;6h.4b6th' .,
sides serving businesses with frequent and impulse type left,turning•ino enti'
We are attaching the•briginal copy•of'a letter dated November 25; 1981`•from.
Attorney Jay'H. Honohan, who is'.representing McDonalds and the O'briens. In.
this letter he is objecting to the raised median. We feel it is important to
not only acknowledge all letters*received on this project, but we should indicate
inthat acknowledgement what our decision is concerning the painted •vs .the raised
median. May we assume that your office will acknowledge all letters received and
indicate our decision?
RCH:ms
Attachment
cc: D. E. McLean, Highway Div. Director
D. A. Anderson, Operations
George',Calvert, Development
George Sisson, Road Design
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• et DEPARTMENT OF TRANSPORTATION
F4'�11D a(6@IATD�AXKRH141I COMMISSION ORDER 1=F( l ON V
DlvIaIonl%XV*)plMN Highway : •• ,. •...•
IlemlOfder No_ _,25
"
submRtedby_ D. E. McLean Phone No 239-1008 MeetingData Febru�arY_16, 1982
TITLE -.h Information Meetin for the Pro sed Im rovement of U.S. 6 - 218
at the a+•Aerside Drive/Benton Street Intersection in owa y
DISCUSSION I BACKGROUND•
information
was
the proposed improvement ah to scu
ntofthe Riverside eld In Iowa iDrive/BentonbStreet intersection. sTshe
Proposed improvement involves the widening of Riverside Drive and Benton•Street, con-
struction of raised medians, and installation of -traffic signals to improve traffic
flow through the intersection. The meeting was attended by 24 people.
Comments were in support.of the need for left turn lanes on Riverside Drive, however,
opposition to the construction of raised medians was expressed by most of those in
attendance. Following a review of the project concept, comments received at the hearing,
and operational problems at this intersection, the staff recommends proceeding with the
project as presented at the information meeting.
The 1982 - 1987 Transportation Improvement Program shows the following:
Item: page 94
Right -of -Way
Reconstruction
Total
The average daily traffic
per. day.
V
1982
§115,000
PROPOSAL I MRN:AECOMMENDATION:
For information.
COMMISSION ACTION ISTAFF ACTION:
Moved by Seconded by
N I
P.ul,n FMn
aIKIOI ill l lnvol. 1 lil l AML ..1 51.1. aNKlb
III IKWIKI
193
NN
139,000
$254,000
6 during 1980 was 19,700 vehicles
a
Vole
Aye Nay Pue
Dunn
Fair
Renelnk
Rlpler
Van Drull
Van Ham
Voy
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D. E. McLean, Director, Highway Division, presented background information on
the improvement of U.S-. 6 - 218 at the Riverside Drive -Benton Street
intersection in Iowa City. He said the intersection was originally a U -STEP
project initiated by the city. During a controversy regarding the 218 project
an. agreement was reached that the U -STEP project would be coordinated with the
improvement of the U.S. 6 - 218 intersection.
Mr. McLean used maps to show the location of the projects. In response to a
question about pavement replacement, Mr. McLean explained that originally the
city had asked that the pavement be completely torn out and replaced.
However, as the project was developed it was decided to mill off the pavement
tb re-establish good drainage then resurface with asphalt.
Mr. McLean said the main item of controversy is inclusion of the median. He
said this was originally proposed by the city; they are still recommending the
median be built. Mr. McLean said the DOT feels the median is needed and will
improve operation of the intersection. 1.4
He said minor changes resulted from the public hearing,amnly.dehling with
curb replacement and right of way. He said the proje;t as.wpal supported as
far as the need for left turning movement was conte bq;, b)) there was a great
deal of concern from businesses with the median ac enir
Members of the delegation present were: Maddock, attorney; Jay H.
Honohan, attorney; Noah Kemp, Profession i ; Henry Linder, Linder Tire
Service, Inc.; Kevin W. O'Brien, McDon thy E. O'Brien, McDonald's;
David E. Hartwig, Hartwig Motors, J,�dM Wagner, auto dealer; W. E.
O'Brien, McDonald's.
�_. .
Mr. Honohan, representing Ni an orothy O'Brien, owners of McDonald's,
said he had mailed a 1e h ommission and asked that the letter be
made a part of the reco 'V hed) He presented a petition and requested
that it be made a part o Aelq ecord also.
Mr. Honohan began his discussion by pointing out that both sides of.the street
in question have many traffic oriented businesses. He said these businesses
depend to a great extent on traffic coming from both sides of the street. The
proposed median will effectively limit traffic coming to these businesses. He
said this is his client's basic complaint. He said there has been some
concern expressed regarding acquisition of right of way but the major concern
is the median strip that will block traffic.
He said it was his understanding from the November 24, 1981, public hearing
that the primary reason for the median is safety. He said that safety is
based on the amount of traffic in this particular area and he was not in total
agreement with that premise. He particularly pointed out that if the traffic
pattern and number of vehicles per day would cause the commission to build the
median, he wondered why no median was built at the intersection of
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Burlington and Gilbert which has much greater traffic counts. He said that
intersection has five lanes with the middle lane being used for turning and he
believed the same thing could be done at the Riverside Drive and Benton
Intersection. He explained that not as much right of way would be required
with five lanes as with a median. He also pointed out that the median would
be stopped to the north where a viaduct is located and said he felt this was
due to the cost that would be involved. His point is that there should be no
median built because of the expense to his clients and other businesses. He
said he buys cars from Hartwig, buys tires across the street and eats at
McDonald's and he could not imagine the different traffic patterns he would
have to make'if the median is built. Chairman Rigler responded that
consideration should be given to the motorist going up the street with
motorists going back and forth across it to get to the various businesses.
Mr. Honohan said he checked accident records for this particular street and
all recorded accidents were in the area of the intersection. He said there is
no argument that the intersection needs to be improved, but .he felt this could
be done without the median. He said the median is designeQi,'to keep people
from doing exactly what they want them to do -- cross
street to various
businesses. He reiterated that the accidents are at d, -intersection and he
did not feel the median strip extending as propo d 11 going to have that much
impact on accidents at the intersection itse �1owever, he said there would
be a huge and devastating impact on those [p sses in the area if the median
is put in place. I
Mr. Honohan called attention tostat there is no median located on
the Coralville strip which has ted limit and has traffic oriented
businesses. He said he feeVlrifflalan is not necessary in other areas
where the traffic is worsecessary.in this area. He said his
clients feel they willif it is put in.
Mr. Honohan said they have not appeared before the city council yet and they
certainly intend to do that. Director Dunham asked if this item requires
commission action. Mr. McLean explained that it is a city project and it is
presented for information because of the controversy.
Commissioner Fair asked what would have been the DOT's response if the city
had come to us with what Mr. Honohan suggests, that is, no median. Mr. McLean
said it would have been evaluated on that basis. He said an agreement was
reached with the city to incorporate the U -STEP project with the improvement
project on U.S. 6 - 218.
Chairman Rigler asked about the Burlington - Gilbert intersection mentioned by
Mr. Honohan. Mr. McLean said that is a city street and the DOT has no
jurisdiction over it.
Chairman Rigler asked Mr. McLean if he felt medians contribute a lot to
safety. Mr. McLean pointed out on the map the extreme length for turning
movements and storage area necessary for turning movements. He said a median
is an important part of it.
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Commissioner Rensirik asked if the city is responsible for engineering of U -
STEP projects. Mr. McLean replied yes,.and in order to solve the 218
controversy this intersection was included in our project with the same basic
financial arrangements as any other U -STEP project.
Commissioner Dunn asked about median breaks and service*lanes. Mr. McLean
explained there will be no breaks and no service roads; access to these
properties will be restricted and will require some circuity of travel.
Director Dunham noted that one'of the conflicts is that this intersection is
located at one of the few river crossings in the city. He said it appeared to
him that basically the conflict is a matter of whether.we would like a means
of storing traffic to make crossing the river safer and faster or sustain easy
access to businesses.. He added that he didn't thine the commission is in a
position to recommend pro or con; that this is strl-ctly a matter of
information to the commission. I^ -N.
Commissioner Voy asked if we are involvedin�i adesign of U -STEP projects.
Mr. McLean explained that U -STEP project Odre iltitiated by a city, they design
them,'they build them. The DOT pays h ixthe cost if we are in agreement
with the project. Z,
..
Director Dunham asked where thep� .ar.ena is for the delegation to make
Commissioner Rensink asked w�,, happen if the city decides they don't
want the median. Mr. McLp r d DOT's participation in the U -STEP project
would have to be recons )a
Other spokespersons �ti�e�meeting stated their opposition to the median
construction and the'4ffect they felt it would have on their businesses. These
were: Henry Linder, Linder Tire Service; David Hartwig, Hartwig Motors, Inc.;
Bill O'Brien, McDonald's; Noah Kemp; Professional Muffler.
Commissioner Fair said -he felt Director Dunham had raised a pertinent point
when he stated the city initiated the project and therefore the forum for this
discussion should be the city council. Mr. Honohan asked if it was the
position of the commission and staff that if the city says no to the median
the commission will say no also. Chairman Rigler said no, that isn't what was
said. He said if the city decides to take out plans for the median the
project will be studied again and a recommendation will be made. Mr. Honohan
asked if the delegation would have another opportunity to appear before the
commission. Chairman Rigier assured them they would have that opportunity.
their ease. Mr. McLean replie the city.
A member of the delegation pointed out that some people will be asked to
relinquish 17 feet of right of way and that would make a double sacrifice for
them. Chairman Rigier said it is always tough when making these improvements,
but it will .improve safety and the landowners would 6e paid for every foot of
right of way acquired.
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Chairman Rigler said George Sisson, Director, RoaS.,Design, would be glad to go
over detailed plans with members of the delega n ,
. �' {
Mr. Linder said one thing that was vera tist Mpg o them was that they knew
nothing of the city's plans until t pub 'z hyearing. He said he felt if
the city had allowed them some �np.t robably would have come to the
commission with a differen 1h plimented DOT staff for the well
conducted public hearin Ure all allowed to speak.
Commissioner Ren i rated to the delegation's concern, there had
been some co the design of the project. Mr. McLean said that
had to do wi k ete removal of the.pavement which he had discussed
earlier.
This item for information only.
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CITE OF IOWA CITY
CIVIC CE9ER 410 E. WASHNGTON Si IOWA CITY IOWA 52240 (319) 3r
54-180D
0.tobar*60 1977
CSS..alccl A. Adn-n
'Ons
=ufct2 ;Ima.90r
Fra chLre rc:aty Interstate Corporation
00450 HicallLt Ammia South
RL -a 'Tais' Iin SS420
D=r Ur. Ad
Who Ablic Uorks D3p3rtCn_,nt Ins riavicurd )mur final i issi a for 117 _maid's
-.dnTZ1q=nnt at the corn= of EmTon adluraTSW iii Iona Cityl 10'.n.
11hvro aro Va arm of concern. nota talo on t1M plot ilan stator ant no
1.R!V3r'g L�'=Tc=ts are plrxncd- for mmun arc -t or Scouth mv,nj da , Dri
CL
a A:.Upst 12 1977, in rozpc= to a lotter frcm Philip A. Leff, rr?n:;cn�V:.
UIL erecifically stzwd that tfia City Cou=ll had
- i, I , '�� j V11 ""I
yc= ti
.[or of thr--o-l= v�Mlb=jy's cn rho cast =4 +• rt 1--,
S=_d' fits-l�-U sccticas mi cna sc-uth legs of .
The cmI211 ICZ of 11i..UrSi& Driva frill irclu-7., a vc-l- M.- _71z'Mo c"-'cr_'.I:c isin. nd'.
-...-.to Ve"'.1t left tams Fra-:, scut]Wxi2i MME"Ito the cast skin of Ri1_-rt;Zc
brilT TINE; L:rdd directly iq,:= your Z.n-.1cF.-L-nt a; -,I ym nal is zl::-- it
into cujaic:cration if those facts hava nn be= c(,—j.micathJ to you. A or. -;)r
".,Of Uat lcttzr is at=ch:1. Yea will T.,cib3 a. t a of
cOsSult"
tr,7 film in laxa City also received a cagy of thot' Tette;.
V,o Cizv staff antkipntcsL
rcoo-=Alna to CityItrxil Cx, %nt a north -s:=%,
be Mist'lucted an the cast sida of )= parcel to pr7.4d_- m, tir.-.1ity foz it,.c,t
srsta::; in the area. Ibis vaAd also &=tly iqlxt your,drval L2 sj::.0 it
would apinar to r=vo a ydnirram of 29 pmrL#3 s*,%3.
This itca will be presented to our Cit
y Cou aril at their inf6mil Cecmcil:s 1_'sskjv
03 I-L"Iday afternoons October 10.
Ila n= mit anxious ""to coordinate thwo difficultiies with your, firiaplc=�
cantoc cithn myself or Xii 1rczhtel, the City Traffic Engineer.
,�
• P PL
Lqstinp
D, I
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zwi 0
RJP/Jp
/?,ika
cc: Milip A. Luff
a " 1 1:2
."c G= Dietz
Jta Brz6tol Neal Berlin
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CITY" - OF IOWA C1 y'��
CIVIC CENTER 410 E. WASI-:\GTON ST IOWA CITY IOIVA 52240 (319) 354.18
August 126,197Y
961fp A. t.et'f p
lEif, toff, gaff 8 llaupert
222 South Una Stract
iota M40 Ic�ffl 52240
83: Charles Nibpaa ff:Gerald°s
czar ter. 'Leff:
I Lue "calved yc s 1�tC:; of !lens¢ r, 1 77. Dis notal in.Ci" PuS19e i°es
divftfm res gals Mat ME=ME=sbuld b scam clunres in t%,, atecs]'x; rpt; to youorr
TcCter: ILe,. dlp oil t)ia plot plan states that no tif dzmlaq fy•rc,,=cnes €re
plsr=4 for Cptm SLreat ar
au,.ntsS^ukh Rivede rive. U.2Cityoil hafar mr:ditum Gurfnp this fiscal Year.. Tans
totiva Lhy
alw.s fnclude Llir;;s ler 2 'q%1maam3 on the. east aad nasi: lops ofS -o2on:r:r st
alis a rite lata s sL(cn cs Lha rorm aid so;ath legs of R61°crs(Ge Or
ins. fa is
i
'•p:tajkct is C d.3ctcd in thfis ru„r'c tudazl; fmrmu 1_i es not
a2r t'u r.
C(cr: c:L_xC Elsa fal7evirg stir Et ucald pa I G.
ufeo
for ykur cnpfr-cer to 0ci-Illut:r erith Jfn t:racaa1 the
e Trof ic'IwtigErcar
Thi czr.=,nt e=rIptio•t tttac, c9 trftA
CT Uatm Si:a..t r.;� -1. pt?- her 3 e�23S' iiifto Item ne.t- Cnt nOrL,i .
cassr�at exists ca thaylir �ssct of Car Ste. t ¢s st�c Q eU.p7 i.r�a of _ , f
Ofscasicn t ith t'ia relit �fr.� CrnMl S:.-arfnt¢id;. ' r
ffor tLfs Bir. to lin aLu:,fticd circa cnly�t` k'ater?r :fiyLc��rSt pz', kE p33srLia i
r:Z 1 fts.tic is hoassd to no lira. It tt:is. ereFFassiala ity� 1`
ur�rald eTlciirwte ^;� dnsfga uvts7e.4 plus it rsuld elirsi�ate';Fa envio. ens�� t i
quaattcn.
Eic'ic:scl t:ith ane Tettar t:*s ca affidavit askinng the City to state th^ erect i.:.
Ute tiara
of Lf:a C;a,Wry scw� r Ifr,o: The caly precise cw �«
iru.ia� er�ulc] C� sct'zrol G ae Mies. As to �altcrrato Zj c6t for -d .ersiniap
t't1l c. Li c r : tl, si of Frwaecn arae t1m cs:,. Sdi e`t Tinorth
o l
Sl•aen. If X,ur c„oisecru rod an enact Imtion alma Ma entire rout or V43ess f
snMi!r ling it Mill Le rn,,:, u—arj+ far thm to dig cep the If= sima remrds on .
LhfS old 07 :M%:r 1,22 U.42M Le susAct.
fA. I'can bu or: afal`Uxr tafari tics pTeasa c ntsct ra.
:° 11fr�,Lor cf Peviic 4'orks i'
R.fA/$p v
cc: hike Kc�,arar, Jim drachtel, Glenn Siders. Gene Dietz. Karry Goren, file
r '
.-._._..__ -............./X,...,.....�.-_-_-.:. 3.95 I� ,.
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City of Iowa City
MEMORANDUM
Date: March 4, 1982
To: Neal Berlin, City Manager
From: Frank Farmer, City Engineer
Re: Rocky Shore.Drive Bikeway Estimate
Shive-Hattery has revised their estimate for the Rocky Shore Drive
bikeway, taking into account that the rip -rap will be placed along the
bank of the river in conjunction with the Hawkins Drive and Highway 6, 218
project. The* revised estimate is $100,000 which includes $6,000 for a
filter blanket that will be required to be placed prior to placement of
the rip -rap.
bdw3/6
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City of Iowa City
MEMORANDUM
Date: March 3, 1982
To: • City Manager and City Council
From: Hugh Mose, Transit Manager
Re: National Cooperative Transit Research and Development Program
Over a year ago an organization called Public Technology, Inc. requested
my thoughts on what were some of the most significant problems facing the
transit industry today. I submitted several, including one regarding the
lack of upward mobility for transit employees. I suggested several
approaches to motivating employees in the absence of regular promotions
- Japanese-style Quality Circles, finding and using employees' other
talents, developing a system where more veteran employees would assume
"non-com" status, etc.
It has taken a year for the idea to work its way through the Washington
bureaucracy, bpt finally the* proposal found its way to, the National
Cooperative Transit Research and Development (NCTRP) program, sponsored
jointly by the Urban Mass Transportation Administration and the Transpor-
tation Research Board, a division of the National Academy of Sciences.
NCHTRP decided that the idea was worth investigating, and has appropriated
5100,000(!) to fund research in the area.
The Transportation Research Board has also requested that I sit on a panel
of "experts" to oversee the research. As a member of this panel, I would
need to travel to Washington, D.C. several times to draft detailed problem
'statements, recommend a consultant, and review the results. All expenses
associated with these meetings will be reimbursed by the Transportation
Research Board.
Unless directed otherwise, I will plan to participate in this endeavor.
The exercise will provide an excellent opportunity to make some contacts
that will benefit both myself and Iowa City, and the cost to the City will
be negligible.
bj3/1
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I RECD
February 25,.1982
Marianne Milkman
Flamer
_ City of Iowa City r ��
Dear Marianne:
Working on the'CCN has been a great experience for me in every way.
I have come to learn more about the functions of our local government
and its relationship to federal programs. I was very pleased to
see the degree of seriousness and sincerity that my fellow members
bring to the decision making process. At the same time a cordial
atmosphere pervaded these meetings, giving us all a feeling of
fellowship in the common pursuit of an important task.
This climate of cooperation so vital to our effort would not have
been present without the encouragement and facillitation of yourself
and others on the planning staff. The list of helpful people in
this category has grown so long and inclusive that I will not name
them all here only for fear that in my forgetfullness I might neglect
someone that has made an important contribution.
In closing I would like to acknowledge one of the most remarkable j
-
-attributes of the planning staff, restraint. You people work as
closely as anyone with the problems and affairs of our community.
As a result of this contact strong opinions as to the right course
of action are bound to form. Yet time and again I was humbiod to
witness the desire of staff not to sway our committee with its own
preconceptions but to attow tho FTpY Avrhange of information to i
E%w to its logical conclusion. For this and all of your other labors
the planning staff deserves the respect and appreciation of the
CCN.the City Council and the City of Iowa City.
i
Thankyou
Dan Daly
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THE WALL STREET JOURNAL, Tuesday, March
2, 1982
Trouble Downtown
Cities Fear `New Federalism' Will Further Pinch
Budgets Already Hit by*Tighter Government Aid
-_
By WtLLUM M. BULxuiy
-People Programs
smjJaryna.r.1 Txc wsu. snen fou..,.L Much federal aid to cities Is aimed df•
•" NEW HAVEN, Conn.
slble for not recognizing they might lose the
— Thts city has reedy at transit, sewer and other capital*
barely coped with rising costs and cuts in spending programs. But some
money." Mayor DIIJeto concedes. But, he
mss' The federal government ta respon•
revenue shar•
federal aid over. the past three years, hat.r Ing and portions of various eommunit de-
analog its budget by slashing Its parks staff; velopmeat grants are used for basic city
slble for creating the need (for the added
services). It has to live up to the expecta•
37?,; halving garbage collections, and filling. • end ces such as police and fire protection
Potholes Instead of repaving streets. State; People -related programs such
Most titles don't determine eligibility or
as trans•
aid helped out for a time, but last year Con. Portallon for the elderly or Job training.
necticut faced budget problems of Its own,. Some cit residents feel the cuts
provide hinds for welfare, medical care or
food stamps, those life -supporting payments
acutely.
and legislators slashed funds for tills. After Nashville, Tenn., lost s17 million fn
The state's action hit New Haven with state and federal aid last year, the
come from the state and federal govern.
ments. But many programs that merely
munici.
the force of a hammer. "We had to stop pro- Pal • government chipped away at several
motions and hiring. We put a freeze on all 'Programs. When It eliminated
make life easier, safer or more pleasant are
being cut by. titles. The U.S. Conference of
one van and
contracts. We stopped all Purchases for five driver from the staff of a day-care center
monthi," says Lawrence D. Ruscorl, the for the elderly, the center crossed
acting
Mayors queried t titles last tali and found
two-thirds had cut some services.
controller.
Cities across the country are scared that
79
.off its transportation list. Within a m nth.
one of them, an %year-old
Sing Down
a moneshry
pi fate awaits them. The federal
money spigot is drying u ,nutrition,
can't
World War I vet•
eran, was In the veterans hospital suffering
Some officials concede a that reduced
funds force them to find Fre•
or won't replace the old ells sshave
been countfng'on. At the same
hanmthe director of social sendces for Nash•
n aver by
goverrnmenl�agences cles talc'n over by other
by nonprofit
time , cities
Often can't gel state permission tot to
make up the lost funds through new
ville.
F
Frequently when the federal government
groups. Moreover, city agencies sometimes
find they can deliver -more services with
taxryes of
their own,
cuts grants for a program, cities decide to
eliminate the program
fewer people. New Haven's govemment•fi•
. •: Mayors are wo crying mat the urban re-
vival of the Was may fizzle. Many have
railer than expand
their own contribution or run It at a reduced
level.
nanced Home Maintenance Corp„ which
gives urban homesteaders advice omrehabl•
at.
ready }educed street cleaning, library
It ours, recreation programs and
fast year Nashville lost a f165,000
grant from the federal law Enforcement
Assistance
Mating abandoned houses, lost a federal
grant last year and eliminated 15 of Its 21
activities
:for the elderly and children. And they are
borrowing from the future by, the
AdminIstration. The grant had
helped pay for a 10 -year-old program for
monitoring
workers, including a Publlc•reladons spe•
cfalist. Yet It managed to help renovate 11
help re
perilous
expedient of delaying maintenance on strut.
tares like
first-time Juvenile lawbreakers
that Pressured them to stay In
houses last year, compared the year
before.
bridges and sewers.
-New- Federalism
school and do
homework. The eity; which had been spend.
Ing f299,000 a
But less money for cities almost always
means faster
'� Now. comes President Reagan's New
year on the Program, decided
to eliminate It and use that money else.
deterioration. Putting off
maintenance Is easier than canceling social
Federalism proposal, and its timing couldn't
be worse for titles. The plan would transfer
a
where.
Political Perils
senesces—and putting off voters. "Deferred
malntehance Is the lilies' most serious
responsibility for many urban programs
state . legislatures that traditionally have
Cutting existing services Is difficult for
city Officials, partly because cutting
cri•
sk:'says John Sawyer, the director of eco -
nomlc development In New Haven. Hoping
been suspicious of urban areas, Despite
plans to safeguard the programsfig.
pro.
grams means laying off employes who often
become vocal and mobilize opposition. Bos•
for money to build new brfdgs, New Haven
stopped repairing the two that crass
,'itis
are they inevitably wDI lose out.
"It's
lon tried to close several fire stations last
the
Qulnnipfac River. Now one is closed and
going to be quite some time before
legislatures are willing to take over
summer after a revenue loss from a.ProPer•
tY4ax•cutting measure called Proposition
traffic on the other is restricted to one lane,
resulting N long delays for drivers.
pro,
grams" that have been supported by federal
2Ren Mastwere
remeo?a ed after reside
Moreover. soaring Interest rates on mu•
money, says Henry Marsh, the mayor of
Richmond, Va. "Over the last live years
(rye
firehouses and blocked traffic on bildges
lcipal bonds mean that cities can't raise as
much money to build replacements. Mr.
we've seen a renaissance In' the cities. At
this point we can't deal with a federal
and tunnels Into the city.
"Once you Institute a program,
Sawyer calculates that with lower Interest
rates, New Haven could have
treat." - re.
Adds Mayor Donald Carney of Cedar
ft's al•
most Impossible to eliminate It," says New
Haven Mayor Biagio DlUeto. "If I added
expected to
raise S75 million through bond sales over the
next fie Years. At current rates "we'll
Rapids, Iowa: "1 have trouble Imagining a
rural legislator, will give a tinker's
IS
school•cr=ing guards but eliminated them
next year, there would be huge
Probably issue only So million to S50 mil•
lion," he
damn
about mass transit."
a hue and
cry"' Since mayors'are the ones who hear
predicts.
While many cities resort to raising taxes
-The squeeze didn't begin with President
Reagan. Federal -aid as a
the cries, they are distraught over the pros;
PecKof deeperutsin federalfinancing.
and fees,.they face severe pressure to avoid
this Mayor
portion of city
budgets has been declining since 1979, andPredictably
the
prefer wheedling
C.
gexxn o(Nla ra N Michael
O'Laughlin Niagara yes that
states' proportion of city financing has
been dropping, since 1975, according to the
money from other governments, thereby
Pleasing constituents, to raising taxes and
In his blue-collar city, where* many home•
owners are elderly and are on fixed In.
Advisory Commission of Intergovernmental
Relations, a federal group. The state•afd
Perhaps later losing an election. Ever since
the Housing and Urban Development
comes, "even If we tax until the blood is
running, we couldn't all the
and
federal -aid Portion of local budgets fell 9,75.
between 1978 and 1990.
De•
Partment was established In 1965, cities
have counted on developing an ever
get money we
need." Many clues are limited to the unpop•
ular real-estate tax as their
-closer
relationship with Washington. With the new
source of
main revenue
source, and they fear that businesses will
money, many expanded their
range of services. •'Clues are
leave for the suburbs if taxes rise,
partly respon•
. ,.mann Horn ov
JORM rAICRbLAB
CEDAR RAPIDS • DES '1019ES
39?
J
i
Immovable Objects
.. State governments, also - facing antltax
pressures, are unlikely sources of aid. Most'
are dominated by suburban and rural law-
makers. 'There B no effective staterlocal
partnership:' says Mayor Job P. Rousakis
of cav a e says aid from Georgia
to his city has been just VA.000 annually
for the last 13 years. 1t would be easier to
tum over the Stone Mountain," a massive
state landmark, than to persuade the appro•
priatlous comrrdttee of the Georgia house to
expand local old, he says: '-
Mayors
•Mayors look upon the federal.lnctime tax
as an awesomely efflelent money ,raiser.
rhe federal government has the resource
to pay.for programs:' says Mayor Richard
CaligWrl of Pittsburgh. John Reed, a re-
gional •eemwmbt with Arthur D. Uttle Inc.
in Cambridge, Mess, adds that'title'and
states "can't raise their revenues. They
don't have the good money machine. The
feds.have that." .
Cities frequently must beg the state legis-
Iature for permission to levy taxes. In Ne•
bm" IJneobn Mayor Helen Boosalb says
the city has asked the legislature for the
right to increase the.citr sales to to 1.5%
from 19e�but"we're told the chances aren't
the greatest." Mrs. Boosalb, the president
of the Conference of Mayors,.adde, "We
don't have the wherewithal to raise reve-
nues. were creatures- of the. state." Simi-
IMy, Massachusetts legislators wouldn't let
Baton levy a pirking tax because It would
have affected suburban commuters.
State legislators frequently argue that A
tightening of aid will force cities to find and
eliminate waste. When Michigan ran short
of money last year. William Bryant, the Rr
public m leader of the state's house of repre-
semadves, was among those -voting to re-
duce local aid. "We recognize the .Impor
tante of Detroit and the urban areas, but we
also recognize their salary and retirement
Items have grown to grotesque proportions."
he says. "We were trying to do them a favor
—whether they wanted It or not—by giying
them a handle on expenditures,"
, uironrn ucn ov ,
DORM MICR#LAB- ----j --j
CEDAR RAPIDS • DES MOINES
341 ,.-...
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1
LI N D E R q7Ae se2utce, Y. -
IOWA CITY, IOWA 52240
March 5, 1982
To: Iowa City Council IWO
From: Linder Tire Service, 632 S. Riverside Drive
Thank you for the opportunity to express our views on the Benton
Street/Riverside Drive Improvement Project.
We would much prefer to meet with you in person but unfortunately
both John Linder and I will be in St. Louis Monday attending a three
day meeting. We have an obligation to be there that could not be
changed.
Our concern is for the adverse effect a raised median would have on
not only our business but on the business climate of all of Riverside
Drive.
Our property is bounded on the south by old Benton Street which
provides access to our truck service department. A raised median
would prevent southbound traffic from turning into the truck service
area. This could not help but cause us a great economic loss as
much of our business comes from Highways 1, 6 and 218 from the
north and west.
We feel that a center turning lane instead of a raised median would
make for safer traffic without destroying the business traffic that
all of us have built up over the years.
It seems only reasonable that with other changes involving new
highway intersections, traffic patterns will change. The volume
of large truck traffic on Riverside Drive should be greatly reduced.
This in itself would go a long way to lessen the problems even
without the proposed improvement.
We sincerely hope that you will ask the Iowa Highway Commission to
approve a center turning luno on Riverside Drive. We believe that
a center lane will provide a safe zone for traffic and will permit
our businesses to survive.
Thank you for your consideration.
Linder Tire 'e e `
1'
, uvontn urn vv
I I` JORM "MIC R�LAB
CEDAR RAPIDS • DES MOINES — I
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399W
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D.C.NOLAN (1002.1070(
COWARD W. LUCAS
JOHN T.NOLAN
ALAN R.BOHANAN
MARC B.MOCN
WILLIAM 0.LUCAS
LUCAS, NOLAN, BOIIANAN S: MOEN
LA RS
AOB IOWA STATE BANK OOILDINO
IOww C='Ioww Dcu;o
March 15, 1982
TO:
Iowa City Conference Board
Iowa City Civic Center
Iowa City, Iowa 52240
3lo-351-0221
RE: Appointment of Iowa City Assessor
Report of Meeting
Dear Sirs and Madame:
Pursuant to Iowa Code Section 441.6, the Iowa City
Examining Board met at 1:00 P.M., March 15, 1982.
At this meeting the members examined the newly certified
Register of Candidates Eligible for Appointment as City of
Iowa City Assessor. Also reviewed at that time were the
applications received for said position by the Iowa City
Examining Board. All persons on the Register were invited to
apply for the position of Iowa City Assessor with instructions
to forward their applications and resumes to be received by
the Secertary of the Iowa City Examining Board no later than .
March 13, 1982.
Attached to this letter is the Certified Register of
Candidates Eligible for Appointment to the position of Iowa
City Assessor. The applications and resumes are also attached
hereto.
In order to assist you in your process of selection the following
applicants are listed in order of their examination scores upon the
register and are respectfully submitted for your consideration,
pursuant to Iowa Code Section 442.6:
1 -Dan L. Hudson
2.Phylliss E. Koon (See Attached List)
3. William T. Greazel
4. L. Dean Pohren
5. H. Earnest Lund
6. Gary E. Bilyeu
7. Donald E. Erling
8. Jeff M. Rops
9. Richard A. Wood
10. Fred N. Walker
11. Ronald G. Richmond
12. Homer J. Lockhart
13. Joe Moore
BOHANAN, President
Johnson County Examining Board
34Rb
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