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HomeMy WebLinkAbout1980-03-18 Info PacketCity of Iowa Cit.' MEMORANDUM Date: March 13, 1980 To: City Council From: Ci eager Re: Human Services Committee The Johnson County Regional Planning Commission has requested that the City Council appoint one Councilmember and a City staff member to positions on the Human Services Advisory Committee. In :caking these appointments, the City Council should make it clear to the Regional Planning Commission that this is indeed an advisory committee and that participation does not commit the City to any long-range financial commitment to the program. Also, the program will continue to be negotiated between the Johnson County Regional Planning Commission and the funding bodies, particularly Iowa City. It is the manager's recommendation that Bette Meisel be the staff representative to the committee. bdw/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 0 1594 MICROFILMED BY JORM MICR+LAO I, CEDAR RAPIDS • DES MOINES PERSONNEL POSITIONS CUT FROM BUDGEI FY81 BUDGET (AS OF MARCH 11, 1980) SALARY + HEALTH & LIFE INSURANCE City Clerk , Admin. Clerk -Typist $ 5,257 City Manager Temporary 6,250 Human Relations Personnel Assistant $ 12,143 �{ Temporary 3,640 15,783 a Finance: r' Purchasing k Sr. Clerk -Typist $ 6,759 Treasury 2 Clerk -Typists 24,834 A Parking Parking Enforcement Attendant 12,215 43,808 r, ' Planning & Program Dev.: r Administration Interim Reorganization Reduced Personnel Costs By $ 12,422 ` Dev. Programs Planner Prog. Analyst I 8,940 21,362 Public Works: Administration Secretary $ 7,141 Engineering Temporary 1,700 Traffic Engineering Maintenance Worker I 12,483 1 Overtime 2,600 Streets Temporary 15,360 Recycling Maintenance Worker II 14,988 Maintenance Worker I 12,215 66,487 Energy Conservation Temporary 4,160 Parks & Recreation: Recreation Assistant Superintendent $ 18,049 3/5 Rec. Program Supr. I 81890 Temporary 5,810 Parks Maintenance Worker I 12,604 Overtime 3,334 Temporary 14,626 CBD Maintenance Temporary 2,981 Cemetery Overtime 11000 Temporary 3,438 70,732 Police: Animal Control 2 Animal Control Officers $ 21,371 ,.._ Patrol Patrol Officer 15,034 Captain (6 mos. only) 12,293 Records � Clerk -Typist 6,824 } Dispatcher 13,802 ;1 Crossing Guards Temporary 2,500 71,824 Fire: Senior Clerk -Typist $ 14,315 Training Officer 21,543 35,858 0 1594 MICROFILMED BY JORM MICR+LAO I, CEDAR RAPIDS • DES MOINES U Housing & Inspection Servs: Administration : Secretary $ 7,138 File Clerk I Bldg, Inspection Building Inspector 16616 Housing Inspection Housing Inspector 16,070 52,068 I Library Temporary 22,000 ITOTAL $ 415,589 SUMMARY: Permanent Positions Funded by General Fund in Past Years Permanent Positions Funded by CDBG Funds in Past Years Temporary Positions and Overtime N POSITIONS $ 17� 269,376 3 44,392 101,821 2010 1 $ 415,589 NOTE: PERSONNEL REDUCTIONS WERE MADE ONLY IN THE GENERAL FUND; ENTERPRISE FUNDS WERE NOT SUBJECT TO SUCH REDUCTIONS. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES n 599 1 _.r 1 i i. 11� CITY OF IOWA C ITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.18030 March 7, 1980 The Honorable Jean Lloyd -Jones Representative (73rd District) State House Des Moines, Iowa 50319 Dear Ms. Lloyd -Jones: Enclosed please find copies of a request for defense assistance from the League of Iowa Municipalities regarding an Equal Employment Opportunity suit in Council Bluffs, my memo to the City Council regarding that request, and our response to Bob Harpster. The City Council requested that I forward copies to you for your information. This is a prime example of the kinds Of costs cities are made to assume in order to comply with State (or Federal) mandates. Note that Senate File'.2108 before the legislature would amend the code and seemingly resolve this issue which has resulted in the allegation of discriminatory practice in Council Bluffs. Thank you for your consideration regarding this matter. Sincerely yours, Dale E. Helling Assistant City Manager bdw5/11 Enclosures cc: City Council .......... MICROFILMED BY JORM MICR+LAB r CEDAR RAPIDS • DES MOINES Same letter mailed to Senator Small and Mr. Dale Hibbs M RECE— !'ted"": 1 1. 1980 THE WHITE HOUSE WA9111NOTON March 10, 1980 Dear Neal: N Thank you very much for your letter of February 28 regarding transit operating assistance for Iowa City. We recognize that the Department of Labor's designation of transit as a non- traditional function has created some problems. Therefore, we have requested that the Departments of Labor and Trans- portation work together to remedy this situation as soon as possible. Again, thank you for bringing this problem to my attention. Sincerely, w ack Watson, Jr. Assi tant to the President fnr Tn+orenvernmental Affairs Mr. Neal G. Berlin City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Z i. 1980 IOWA CITY COMMUNITY SCHOOL DISTRICT David I.. Cronin fSuperintendent ad F I 1040 William Street Iowa City, Iowa 52240 319 — 338.3685 12 March 1980 Neal Berlin, City Manager City of Iowa City Civic Center Iowa City, Iowa Dear Neal: This is to confirm that the Board of Education at their March 12, 1980, meeting, gave approval to finance 25% of the gross salaries for the City's adult crossing guard program to a maximum of $10,000 per year, beginning FY1981. Further, the Board urged in its motion that the City Council use the Districtwide Parent Organization's Safety Committee in an advisory capacity. Within the next few days I will be meeting with Don Borchart, district legal counsel, to discuss the details of an agreement con- sistent with the Board's motion. Once this agreement is prepared, it will be forwarded to you for City Council approval. If you have any questions, please contact me. Sincerely yours, AveCronin cc: Don Borchart, Attorney Members, Board of Directors MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES 600-)- l e .r �i u '• City of toga Cif') ORANDUM Date: March 13, 1980 To: City Council From: Richard J. Plastino, Director of Public Works Re: Exact Fare On April 1,Y, 1980, the Iowa City Transit system will raise fares from 254 to 354. On this same date Public Works would like to institute exact fare. Reasons for this are as follows: 1. Ridership is increasing each month and schedule adherence is difficult as more people ask for change. 2• The new fare will require two coins; thus the likelihood of changemaking will be increased as compared to the. quarter fare. We would propose that a two week transition period from April 1st to April 11th be used to acquaint riders with exact fare policy. Signs would be installed in the buses and riders would be encouraged to have exact fare but drivers would still provide change as needed. After that date riders without exact change would not be allowed on buses or they would be required to obtain change from fellow passengers at the bus stop. Although this sounds difficult, in reality riders quickly become used to the exact change policy or they convert to a monthly pass. Public Works would like to proceed ahead with this change in policy unless advised otherwise by Council. cc: Hugh Mose tp3/1 MICROFILMED BY JORM MICR+LAB �K .�- CEDAR RAPIDS • DES MOINES 7 4 0 "-) city of Iowa CIc, MEMORANDUM Date: March 14, 1980 To: Transit Drivers From: Nealrlin, City Manager Re: Exact Change Thank you for your petition concerning the proposal that exact change be required on City transit routes. For some period of time Mr. Mose has expressed to me his strong support for this proposal. The Director of Public Works and the Transit Superintendent have made a recommendation to the City ,Council for an exact change policy. I do not support this proposal.. A copy of the proposal is attached. I believe that with the increased number of passes being used on the bus that the time involved in making change has, in fact, been reduced and even the 354 fare does not represent such a problem that this service should be discontinued. You certainly are welcome to present your views to the City Council on this matter. I have sent your petition to the City Council for information. bj/sp MICROFILMED BY JORM MIC R+LA13 CEDAR RAPIDS • DES MOINES m d 11-11 / O %Hwi `!(r fo MICRDFILMED DY JORM MICR�LAO CEDAR RAPIDS • DES MOINES m 603 1 To: Hugh Mose, Iowa City Transit Manager Meal Berlin, Iowa City Manager ro'1 `—'''EIVED HAi 1 'I 1188 March 4, 1+80 Free: The below signed Iowa City Transit Operators We, concerned Iowa City bus drivers, feel that the current city policy of providing change to Iowa City transit patrons is a time consuming nuisance that adversely affects our transit system. We further feellwith the fare ping from 250 to 350 and retaining a change making policy, our ability to maintain a semblance of a reliable schedule will be greatly impaired. We fully support the adoption of on exact fare policy on Iowa City buses and that adequate notice of change of policy be given to the public. 10. ll.12. ✓ VG (q13 L.. fC{r Uri 1)q. 13.Go1 '�. yL%p �r'i.� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES GOB MEMORANDUM Date: March 14, 1980 To: Neal Berlin and City Council From: Richard Plastino, Director of Public Works Re: Discussion of the Spruce Street Drainage Problem For the last several years there has been a drainage problem behind the homes on Spruce Street. The drainge problem is caused by the topography of the land. The residents of the neighborhood have contacted the City several times in the last few years about this problem. Approximately a year and a half ago the City built a storm water detention dam on the site of the Iowa -Illinois property. This dam is not functioning as intended because water downstream from the dam does not drain away promptly. In other words, the dam stores water, but because of poor drainage below the dam a large amount of water is also stored in the backyards of homes in the area. Engineering and the residents came up with two accepte.ble solutions. The two solutions are: I. Install an 18" underground pipe along the backyards. During heavy rains the ditch in the backyards will continue to take a majority of the flow. After the rain subsides the 18" pipe will allow all water to completely drain out of the area. At the present time water stands in the low spots.for several days after a rainfall. 2. Install a very large pipe of approximately 36" diameter. Water would not pond for any.length of time even during a very heavy rainstorm. The residents have been told that elimination of all ponded water is difficult to defend. The City has passed a stormwater management ordinance which deliberately provides for temporary storage of -water - in many areas of town. Alternate ##1 will cost approximately $20,000 and alternate #2 will cost approximately $36,000. $20,000 of HCDA funds are available for this project. Last fall the Council toured the area and made a decision to take no action other than have the City Street Division clean the ditch. The residents were then to meet with Council in an informal session but due to an error on my part, the time and date of the meeting place were not conveyed to the residents. I then asked the City Council to consider rescheduling this meeting since I made the error but the residents in the area are -the ones who suffered by not having a chance to meet with Council. There is no new information to present in this matter. Based on the topography of the area, cleaning the ditch will not in any way aid the MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i 1 2 r", situation. The land in the area has a low spot and portions of the ditch run uphill. The decision Council has to make is whether to spend HCDA money to eliminate ponding in backyards or whether the existing situation is acceptable. There has been little or no flooding of private property, rather the danger is in insect breeding, danger to children, etc. The residents will be able to more fully inform the Council about the specifics of the situation. bj5/5-6 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES ;a L 5 5 c v J City of Iowa Cif"l MEMORANDUM Date: March 14, 1980 To: • City Manager and City Council From: Hugh Mose, Transit Manager �Jy Re: FY81 State Transit Grant �0'� Attached please find a summary of Iowa City's FY81 State transit assistance grant application. The entire document is not ready far distribution to the Council at this time. The grant application includes $169,800 for operating assistance. At the State's request, the assistance is being sought for particular projects. These projects consist of services we are already operating that might have to be curtailed were State funding not available. The items for which State assistance is sought include SEATS in -city service, evening transit service, 30 minute headway$ on Saturday, and assistance with rising fuel costs. State assistance is also requested for several capital projects. The total amount requested, $20,798, will assist the City in purchasing one transit coach, a two-way radio system for the buses, and ten more bus shelters. The State would contribute 10% of the total cost of these items. In addition to the request for State funding, this document also includes Iowa City's application for UMTA Section 18 assistance. From this source the City is requesting $137,789 in operating costs, and $71,073 for capital acquisitions. The complete Planning and Programming Document will be distributed with next week's Council packet. A public hearing and Council approval will then be needed before the application can be forwarded to East Central Iowa Council of Goverments (ECICOG) and the State. tp5/8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES � Q5 l J t r k. City of Iowa Cif"l MEMORANDUM Date: March 14, 1980 To: • City Manager and City Council From: Hugh Mose, Transit Manager �Jy Re: FY81 State Transit Grant �0'� Attached please find a summary of Iowa City's FY81 State transit assistance grant application. The entire document is not ready far distribution to the Council at this time. The grant application includes $169,800 for operating assistance. At the State's request, the assistance is being sought for particular projects. These projects consist of services we are already operating that might have to be curtailed were State funding not available. The items for which State assistance is sought include SEATS in -city service, evening transit service, 30 minute headway$ on Saturday, and assistance with rising fuel costs. State assistance is also requested for several capital projects. The total amount requested, $20,798, will assist the City in purchasing one transit coach, a two-way radio system for the buses, and ten more bus shelters. The State would contribute 10% of the total cost of these items. In addition to the request for State funding, this document also includes Iowa City's application for UMTA Section 18 assistance. From this source the City is requesting $137,789 in operating costs, and $71,073 for capital acquisitions. The complete Planning and Programming Document will be distributed with next week's Council packet. A public hearing and Council approval will then be needed before the application can be forwarded to East Central Iowa Council of Goverments (ECICOG) and the State. tp5/8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES � Q5 t • r. Z O Wii AOT 1 GRANT APPLICATION SUMMARY REGION/URBAN AREA CitY Of Iowa City { Funds Suggested $144,000 Funds Requested' $190,598 Runding Recommended for Approval I) (for Iowa DOT use only) { Use of Project Funds: Operating Support $169,800 I capital Expenditures $20,798 i OPERATING BUDGET OPERATING SUPPORT Source Amount Expenses$1,377,894 Federal Revenue Sharing $277,824 General Fund 1,560 640,750 Trust & Agency Account 131,243 Revenue Section 18 Operating Asst. 137,789 Support, 718,216 TOTAL 548,416 IOWA DOT 169,800 CAPITAL BUDGET CAPITAL SUPPORT Expenses $ 997.726 Source Amount capital Items City Equipment 40' Transit Coach $ 149,726` Replacement Reserve $22,772 Two-way radio system $ 50,000 UMTA Section 18 71,093 MOT Capital Assistance from 28.000 Bus Shelters (10) $ Previous Years 1,975 Section 18 $ Assistance from FY80 appl. 11088 1 $ TOTAL 20� 62 4 ! $ IOWA DOT 20,798 1 " Total cost for one bus; money is needed only to cover inflationary increases in bus acquisitions programed for FY80. State share = $12,998, —78— ;,. I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS • DES MOINES b I r, SECTION IX Section 18 Grant Application I. Grant Application for Federal Funds Under Sectio6 18 of the Urban Mass Transportation Act of 1964, as amended. 1. Project Description The following capital and operating funds are hereby requested: Capital Assistance One (1) 40' transit coach @ 80% _ $ 8,693* Two-way radio system (22 bus units, 2 auto units, 1 base station) @ 80% = 40,000 Ten (10) bus stop shelters @ 80% = 22,400 Total = $71,093 Operating Assistance Ten (10) percent of the City's FY81 transit operating budget = $137,789 n *The total Section 18 share of one transit coach is $119,781; $111,088 was requested for this proejct as part of the FY80 RTUP. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1005 City of Iowa CI,' MEMORANDUM Date: March 6, 1980 To: Planning a Z i g Commission From: Don Schmeiser f Re: County Rezoning Application The West Side Company has filed an application to the sixteen acre tract of land located in the County north and east of the proposed location of Highway 518 from Zone. The rezoning petition presents several concerns staff i th f County to rezone a of Highway 1 West an RIA Zone to a CH envisioned by the n e uture annexation and development of the area. The major concern is the future location of an elementary school as projected on the City's Comprehensive Plan Map, serving the "neighborhood" bounded by Mormon Trek Boulevard, Benton Street, Sunset Street, and Highway 1 West. Previous staff analyses identified a larger area bounded on the north by Melrose Avenue, part of which is included in the Ernest Horn School district. There is little doubt that the larger area would support two elementary schools -- Ernest Horn and a future elementary school -- if the area is developed for residential use. With appropriate residential densities established for the area, the population of elementary school -aged children sufficient to support the two elementary schools would result. Alternatively, however, an insufficient elementary school -aged population would result in the children located within the area being bused to other schools for perpetuity. In a period of rising costs for fuel, every attempt should be made to avoid such expenditures. Several related factors warrant discussion. Staff analyses have indicated that the estimated future holding capacity for the area located east of Sunset Street can be adequately served by the Roosevelt Elementary School. As growth occurs to the west of Mormon Trek Boulevard, there is little doubt that another elementary school will b- required to serve that area (perhaps on the West High School property). It is not anticipated that any future elementary schools would be necessitated within a 20 -year timeframe (depending upon the growth rate in these areas). The elementary school -aged population required to support an elementary school is estimated to be not more than 600 pupils. Relocated Mormon Trek Boulevard provides desirable separation in the form of open space from Highway 518 to residential development to the east. The alternatives for residential development near the interchange are limited while commercial development could be located in any of the four quadrants. Simply stated, the northeast quadrant of the interchange is more conducive to residential development because of the separation provided by relocated Mormon Trek Boulevard, than are the other three quadrants. M MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 2 "^ There has been a considerable impact on residential development from air traffic ascending off the northwest -southeast runway of the airport. Although the east -west runway, which is approximately in line with the interchange, is proposed to be lengthened 300 feet, there are appreciable differences between the two runways: (a) -residential development in the vicinity of the interchange (except in the southeast quadrant) would be farther from the east -west runway than residential development in line with the northwest -southeast runway, and (b) land in the northeast quadrant is at a lower elevation than the residential development off the northwest -southeast runway. The noise level of aircraft is greatest when ascending off the end of the runway and diminishes severalfold when reaching higher altitudes. Summarily stated, the physical characteristics of the Highway 518 interchange with Highway 1 West, relocated Mormon Trek Boulevard, and land in the vicinity of the interchange, would suggest that commercial development occur in the southeast quadrant of the interchange adjacent to the airport and that residential development occur in the northeast quadrant where it would be separated from the commercial development and provide the support necessary for the eventual construction of an elemen- tary school in the immediate neighborhood. The attached location map and development plan is included for illustrative purposes only. The actual densities of residential development within the area should be carefully determined prior to actual zoning of the area. bdw4/3-4 0 MICROFILMED BY JORM MICR�LAO CEDAR RAPIDS •DES MOINES 4 I i i i II i _. 2 "^ There has been a considerable impact on residential development from air traffic ascending off the northwest -southeast runway of the airport. Although the east -west runway, which is approximately in line with the interchange, is proposed to be lengthened 300 feet, there are appreciable differences between the two runways: (a) -residential development in the vicinity of the interchange (except in the southeast quadrant) would be farther from the east -west runway than residential development in line with the northwest -southeast runway, and (b) land in the northeast quadrant is at a lower elevation than the residential development off the northwest -southeast runway. The noise level of aircraft is greatest when ascending off the end of the runway and diminishes severalfold when reaching higher altitudes. Summarily stated, the physical characteristics of the Highway 518 interchange with Highway 1 West, relocated Mormon Trek Boulevard, and land in the vicinity of the interchange, would suggest that commercial development occur in the southeast quadrant of the interchange adjacent to the airport and that residential development occur in the northeast quadrant where it would be separated from the commercial development and provide the support necessary for the eventual construction of an elemen- tary school in the immediate neighborhood. The attached location map and development plan is included for illustrative purposes only. The actual densities of residential development within the area should be carefully determined prior to actual zoning of the area. bdw4/3-4 0 MICROFILMED BY JORM MICR�LAO CEDAR RAPIDS •DES MOINES 4 I nuns um M+ %;----•�: �`VU1!t ir L 411 _J LZ TT 1-yLLJ f w. �rB •� may/ L Cy' � �C'k�+/ ro• MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES ERWFT H" suroa '.mlL City of Iowa CI MEMORAND Date: March 6, 1980 To: Neal Berlin, City Manager 1 From: Larry Chiat, Acting Development Coordinator �' III atom \ J � Re: CC// Tentative Time Schedule for Water Pollution Control Plant Proje The following is an outline of the tentative time schedule for acquisition of real property for the Water Pollution Control Plant Project and the related relocation of mobile home tenants in the project area. August 1, 1979 Appraisals received from appraiser. September 10, 1979 Review appraisals received from review appraiser. November 15, 1979 Preliminary acquisition notices sent to the respective property owners. November 20, 1979 City Council adoption of resolution establishing just compensation for acquisition of the two project parcels. November 27, 1979 Initiation of negotiations by sending formal written purchase offers to the respective property owners. December 1979 Preliminary relocation notices sent to the two tenant farmers, two Lessees, three mobile home tenants, and one mobile home owner. January - June, 1980 Conduct negotiation meetings with the respective Property owners. At said meetings City staff explains the basis for determination of just compensation and City acquisition procedures Pursuant to Federal regulations. Property owners must be given a reasonable opportunity to present relevant evidence concerning the value of real property to be acquired. Each of the two properan intention to securettheir own ppraisalrat ed he exact timing of this negotiation process is hard to predict at the present time. February 4, 1980 Ordered Certificates of Title on the two project parcels. r i i. _.. (6 6 MICROFILMED BY �. JORM MICR+LAB CEDAR RAPIDS • DES MOINES i r-, February 15, 1980 July -August, 1980 September -October, 1980 2 Relocation of first mobile home tenant completed. Conclude negotiations and, if possible, finalize contracts for acquisition of real property. Otherwise, schedule Compensation Commission hearings. Closings on purchase of properties with signed contracts, or conduct Compensation Commission hearings. City possession of the two project parcels is completed. Relocation, if necessary of the mobile home tenants and the mobile home owner should also be completed. Please contact me if you have any questions on the above schedule. cc: Dick Plastino Chuck Schmadeke Linda Woito tp4/11-12 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 r-, West Side Co. P. 0. Box 2000 Iowa City, Iowa 52244 Dear Sirs: 1204 E. Washington Iowa City, Iowa 52240 March 7, 1980 It has come to the attention of the Planning and Zoning Commission that your company plans to seek voluntary annexation of some property in Johnson County to Iowa City. The procedure for a thorough review of the annexation request and subsequent zoning request is for the applicant to file a petition with the City of Iowa City and then the city's staff can review all aspects of the petitions and make recommendations. Since the alignment of Hiway 518 has only recently been determined, the Comprehensive Plan of Iowa City will have to be revised to consider this new alignment. At the present time, the area in question is shown as residential on the Comprehensive Plan; and until any revisions are made, that is the zone that would be appropriate. A petition for annexation and zoning to Iowa City would be in our mutual interest so that any recent construction in the petition area would be in compliance with city zoning decisions. The Planning and Zoning Commission would appreciate an early petition for the annexation and zoning of this property so that a satisfactory resolution to the questions may be completed at the earliest possible date. Yours truly, ane Jakobsen, Chairperson Iowa City Planning and Zoning Commission c.c. Planning and Zoning Commissioners Johnson County Zoning Commission Iowa City City Council MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES I IN THE I0WA DISTRICT COURT III AND FOR JOHNSON COUNTY AMEREX COP.PORATION, LAURENCE R. SHORT, and FIRST NATIONAL BANK, IOWA CITY, IOWA, As Executor of the Fstate of Kenneth I. Belle, Deceased, Plaintiffs, VS. CITY OI' IOWA CITY, IOWA, EDGAF. CZARNECK.I, J. PATRICK. SHIITE, C. L. BRANDT, CAROL dePF.OSSE, and FLORENCE DA.VIDSEN, Defendants Law No. 42541 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION Trial to the Court of an action by plaintiffs claiming damages from the city resulting from the city's delay in carrying out the terms of a Court order of this court regarding issuance of building permits Lo plaintiffs for erection of certain buildings on premises owned by them located in said city and in connection with delay in Court ordered rezoning. Plaintiffs appear by their attorneys, William L. Meardon and Thomas D. Hobart. Defendant, City of Iowa City, appears by its attorneys, A. Roger Witke, and Assistant City Attorney, Linda Woito Cook. Evidence was heard, transcripts of certain proceedings were received together with written briefs and arguments (the last of which was received on or about the 18th day of January, 1980) and the cause was submitted. CEDAR RAPIDS • DES MOINES , , ki 1 V 't' f IN THE I0WA DISTRICT COURT III AND FOR JOHNSON COUNTY AMEREX COP.PORATION, LAURENCE R. SHORT, and FIRST NATIONAL BANK, IOWA CITY, IOWA, As Executor of the Fstate of Kenneth I. Belle, Deceased, Plaintiffs, VS. CITY OI' IOWA CITY, IOWA, EDGAF. CZARNECK.I, J. PATRICK. SHIITE, C. L. BRANDT, CAROL dePF.OSSE, and FLORENCE DA.VIDSEN, Defendants Law No. 42541 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION Trial to the Court of an action by plaintiffs claiming damages from the city resulting from the city's delay in carrying out the terms of a Court order of this court regarding issuance of building permits Lo plaintiffs for erection of certain buildings on premises owned by them located in said city and in connection with delay in Court ordered rezoning. Plaintiffs appear by their attorneys, William L. Meardon and Thomas D. Hobart. Defendant, City of Iowa City, appears by its attorneys, A. Roger Witke, and Assistant City Attorney, Linda Woito Cook. Evidence was heard, transcripts of certain proceedings were received together with written briefs and arguments (the last of which was received on or about the 18th day of January, 1980) and the cause was submitted. CEDAR RAPIDS • DES MOINES '°1 STATEMENT OF TIIE CASE This action was originally filed by plaintiffs aeainst the City of Towa City in<) fiver individual council members, said action being orir;inally pled in five separate divisions. At a later stage in the proceedings, all of the divisions of the petitioner were dismissed as to all of the defendants except Division III of the petitioner as against defendant, City of Iowa City, alone. Consequently, only Division III claiming damages for increased construction, costs in the amount of $93,000 is presently before the Court. The claim of plaintiffs against the city appears to be, based - on the theory of an intentional interference by defendant with plaintiffs' business opportunity by reason of alleged delays in defendant's compliance with certain Court orders requiring defendant to issue certain building permits to plaintiffs for certain property owned by plaintiff located in Iowa City, Iowa, and because of certain delays in connection with defendant's carrying out of Court ordered rezoning regarding certain premises owned by plaintiff and located in the city of Iowa City, Iowa. FINDINGS OF FACT The Court, having examined the files and records herein and being fully advised of the premises, finds that it has jurisdiction of the parties and of the subject matter herein In order to understand the nature of the proceeding, it is necessary that a brief review of the historical backarour,d of this case be had. Two men, Laurence R. Short and his half-brother, Kenneth I. Belle, owned a certain tract of real estate near the -2- .. CEDAR RAPIDS • DES MOINES I- northeast border of Iowa City, Iowa, which contained slightly more than twenty-six acres. This property was eventually deeded by them to Amerex Corporation, of which corporation they were the sole stockholders. The property, lying outside of the city of Iowa City, was subject to county zoning and x in 1964 plaintiff, Amerer. Corporation, applied for and received z a building permit from Johnson County for the construction of. 108 apartment units (9 separate buildinqs with a total of 12 ti i apartments to each building) on a 7.05 acre 9 part of it>located oh 5 a lot south of Interstate 80 and west of North Dubuque � `. ' .l Plaintiff successfully completed two buildings containing 24 .�: C units and erected footings for three additional units. .--'At. this point, plaintiffs were unable to obtain the additional financing � necessary to complete construction of the 36 additional units for which footings had been erected. In 1965 and before plaintiffs went further with construction, the city of Iowa City annexed a large area including all of plaintiff's 26 -acre tract. At that time the City Code of Iowa City provided that such newly annexed O real estate was automatically zoned R-lA, the most restrictive density classification requiring 10,000 square feet per unit " for construction. The combined result of the annexation and automatic zoning was to cause plaintiff's buildings to become non -conforming uses. After a series of unsuccessful attempts to obtain rezoning, on October 2, 1972, plaintiff filed an action for a declaratory judgment seeking a holding that the action by the City in connection with automatically classifying plaintiff's property as R-lA was illegal and also seeking a finding that the City's refusal to rezone was arbitrary and capricious. Trial was had in June, 1973, and on January 24, 1974, M1 7 - 3- .!... _. JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i Judge Clinton E. Shaeffer of this court ruled that the City's zoning ordinance as applied to the newly annexed property of these plaintiffs was unconstitutional and therefore invalid, null, and void. The Court ordered as part of its judgement "that the plaintiffs have the right to have issued to them by the city of Iowa City a building permit allowing them to construct the remaining seven buildings necessary to complete the complex of 108 apartment units originally planned and designed for this property, and that defendants immediately, take whatever action necessary to legally zone the property' in question so that such use will conform to the zoning,'ordinances so as not to be a nonconforming use." Thereafter, defendants asked for clarification of this order in regard to applicability of the Iowa City Building Code, Plumbing Code, Electrical Code, Fire Code, and the applicability of the Iowa City Sub -division Ordinances, specifically the Iowa City Large -Scale Development Ordinance to these particular premises. Plaintiff responded to this application by :oncading that it was subject to '=he Building Code, Fire Code, Plumbing Code, Electrical Code, and denied only that it was subject to the Large -Scale Residential Development Ordinance. The motion was heard by the Court on the 12th day of March, 1974, and the Court orally informed both plaintiff and defendant from the bench of its decision and then filed that decision later the same day in writing,and in that decision the Court clarified its earlier ruling by stating that the Court's judgment was not intended to subject the plaintiff to application of a Large -Scale Residential Development Ordinance for Iowa City. The Court's ruling went on to say "The Court's judgment simply directs the defendant to issue a building permit -4- - - I CEDAR RAPIDS • DES MOINES -I 604 ■ i i , ._ 66 y p s °s 4 G A: t k g# Judge Clinton E. Shaeffer of this court ruled that the City's zoning ordinance as applied to the newly annexed property of these plaintiffs was unconstitutional and therefore invalid, null, and void. The Court ordered as part of its judgement "that the plaintiffs have the right to have issued to them by the city of Iowa City a building permit allowing them to construct the remaining seven buildings necessary to complete the complex of 108 apartment units originally planned and designed for this property, and that defendants immediately, take whatever action necessary to legally zone the property' in question so that such use will conform to the zoning,'ordinances so as not to be a nonconforming use." Thereafter, defendants asked for clarification of this order in regard to applicability of the Iowa City Building Code, Plumbing Code, Electrical Code, Fire Code, and the applicability of the Iowa City Sub -division Ordinances, specifically the Iowa City Large -Scale Development Ordinance to these particular premises. Plaintiff responded to this application by :oncading that it was subject to '=he Building Code, Fire Code, Plumbing Code, Electrical Code, and denied only that it was subject to the Large -Scale Residential Development Ordinance. The motion was heard by the Court on the 12th day of March, 1974, and the Court orally informed both plaintiff and defendant from the bench of its decision and then filed that decision later the same day in writing,and in that decision the Court clarified its earlier ruling by stating that the Court's judgment was not intended to subject the plaintiff to application of a Large -Scale Residential Development Ordinance for Iowa City. The Court's ruling went on to say "The Court's judgment simply directs the defendant to issue a building permit -4- - - I CEDAR RAPIDS • DES MOINES -I 604 ■ to permit the, plaintiffs to construct and complete buildings �ontaininn a total of 108 apartment units as they were originally planned and designed for this property, and to the arca having a dimension of 660 feet east and west and 4t5 feet north and south and described as: North 465 feet of the southeast quarter of the northeast quarter of the northeast auarter of Section 4, Township 79 North, Range 6 West of the 5th p.m., Johnson County, Iowa, (Refer to Plaintiff's Exhibit "J" offered, introduced, and admitted into evidence in this case.) so that it maybe used for the use zoned by the Johnson County zoning commission and for which said county.issued a building permit October 2, 1964." The Court calls attention to the fact in its judoement filed January 24, 1974, it directed the defendants to 'immediately' take such action." With this historical background, we can now examine what subsequently transpired to bring this matter into court. After the filing of the Court order dated January 24, 1974, requiring the City to issue building oermits and rezone and holdinu the City Ordinance unconstitutional, plaintiffs conferred with their attorney and with the building contractor who had constructed the original units and who had erected the three additional footings. An agreement was reached between that contractor, Wayne Paulson, and plaintiffs sometime in February for the construction of threr, additional apartment buildings containing twelve units each located on the presently erecter] footings at a -)rice of $776,000 orovided construction could be begun as early as possible in the spring. The contractor., Wayne Paulson, undated his plans and specifications -5- CEDAR RAPIDS • DES MOINES IM ■ I making certain changes that he was certain would be required to meet the Iowa City Building Codes and then the contractor proceeded to make inquiry at the proper city department in February, 1974, regarding the plans so that a building permit could be issued. No one would look, at the plans and the contractor was informed that no building permit would issue until the property was rezoned. It appears undisputed that neither the contractor nor anyone else on behalf of plaintiff subsequently presented building plans or made any formal application for a building permit until sometime in July,1974. After being informed by the Court from the bench of the Court's ruling on March 12, 1974, defendant's counsel did nothing further until sometime in April, 1974, when, according to counsel, the copy of the Court's written order was delivered to him. At that time the City Attorney advised the City Council and also referred the matter to City Planning and Zoning Commission. Sometime in May, the Planning and Zoning Commission met and made a recommendation. Thts recommendation was set for public hearing June 18, 1974. After the public hearing and still in June, the City Council placed the ordinance in regard to rezoning the Amerex 7.05 acres from R-lA to R -3A on its first reading. There was a second reading one week later in July, 1974. The following week the council deferred action. One week later, the third and final reading of the ordinance was had, and the ordinance was adopted July 16, 1974, providing for rezoning the said tract from R-lA to P. -3A. However, after adopting the amendment, the council again referred a portion of the Amerex property to Planning and Zoning for review and possible rezoning to R-3. The Planning and Zoning Commission -6- CEDAR RAPIDS DES'MOINES n eventually reported that the property should remain R -3A and in November, 1974, a motion to take further action on the rezoning from R -3A to R-3 was defeated. Defendant alleges u that there was only one written contact made between plaintiffs i and the City between tlarch 7.4 and July 16, 1974. This may very well be true although there is eome evidence that thcr,.- may have been some contact between counsel for the Parties other than written contacts. In any case, it is clear that in a letter written July 16, 1974, plaintiff's counsel:called to the attention of the City that there had been substantial delay and it did not appear that the City had acted "immediately" as required by the earlier Court orders. Still later, counsel for plaintiff pointed out to defendants that their action in resubmitting the matter to reconsideration for additional zoning was injurious to his client. However, no final action in this matter was taken until November, 1974, and by this time (on October 15, 1974,) plaintiffs had filed their action in this case against the defendants. It appears to the Court that plaintiffs would. have proceeded with the construction of the units as proposed by them if the construction, as agreed upon between plaintiffs and the contractor, Wayne.Paulson could have begun in April, 1974. The evidence is undisputed that the contractor was ready to begin and would have constructed the units for a price of $776,000 if he could have started "in the spring." It further appears that the costs of construction increased between April and July 16, 1974, in an amount more than $93,000. The question to be determined by the Court is whether under the circumstances defendant was responsible for the delay and legally liable to plaintiff as a result thereof. -7- JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 1OCY :, 11 a 1— N n The Court notes that once the Court order dated January 24, 1974, was filed and the decision made by the City not to appeal therefrom, the City of Iowa City had a legal duty to carry out the mandate in the Court order. Failure to carry out the Court order within a reasonable time or within the time specified by the Court, certainly makes out a prime facie case of willfulness on the part of the City. In this particular case, the Court twice directed the City to act "immediately" ir, connection with providing a specified remedy for plaintiff. The plain fact is the City did not do so. On the contrary the City, acting through its council members, behaved in such a way as to cause its legal counsel to describe its actions on at least one occasion "as the least evasive" of a number of possible courses of action that were being discussed, all of which seemed to have been designed to avoid carrying out the Court's order to act "immediately." First of all, it seems to this Court that there was nothing in the order of the Court dated January 24, 1974, that would have prevented the immediate issuance of a building permit after the Court's initial determination of the case. .Certainly nothing stood in the way of issuing such a permit after the "clarification" order. The testimony shows that the City and it's employees were well aware of the structures plaintiff desired to erect. But if they were not, the Court's order specifically directed their attention to the building permit which they were to issue, to wit: "A building permit allowing them to construct the remaining seven buildings necessary to complete the complex of 108 apartment units originally planned and designed for this property." The clarification order later I CEDAR RAPIDS • DES MOINES 0 I 1 } r r t M }i s ;* H , s r, a- �1 P I 1 r entered herein on March 12, 1974, made the buildings to be _lt under the permit subject to the Building, Plumbing, Electrical, and Fire Codes of the City of Iowa City. The Court in that second order particularized the area to be rezonod and called attention to the fact that it was to be rezoned "so that it may be used for the use zoned by the Johnson County Zoning Commission and for which the county issued a building permit on October 2, 1964. In that same second order and in a separate paragraph, the Court reminded the defendants once more that it was to "immediately" take such action. It is clear the City could have found the earlier county building permit or could have at least sought to obtain a copy thereof. However, the City took no action whatsoever to carry out this part of the Court order. On the contrary, when the contractor appeared in their offices in February, 1974, carrying with him an updated set of plans for the construction of three additional buildings in the complex and seeking information from the City in respect to design requirements for compliance with the Iowa City City Building, Fire, Electrical, Plumbing Codes, no one would even look at said plans nor visit with the contractor in regard to the same but simply informed him that no building permits would issue until the premises had been rezoned. Did the City have any real doubt as to whether such a :.uildinc permit could have been issued at any time prior to actual rezoning? We find the city attorney under cross-examination in this case stating that it was not his understanding that the issuance of a building permit would be delayed until the I CEDAR RAPIDS • DES MOINES GOQ I^ rezoning was completed; that normal practice would be to withhold a building permit until zoning was finished, but in this case it was known that the City had to grant a permit to build 108 units on these premises. Also, in a colloquy between the city attorney, Mr. Ilayok, and Councilman White on July i6, 1974, where Mr. White asked "Why can't we just go ahead and issue a building permit?" Mr. Hayek responded, "We could do that, Mr. white . . It seems clear from the context of the statements made by the city attorney that it was certainly not normal practice to issue a building permit until rezoning had been had, if required. However, this was not a normal case. This was a case where the Court had twice instructed the City to act "immediately." This was a case where relief for the plaintiffs had already been denied for almost ten years. The City was not acting in a vacuum. The City was very much aware of all that had taken place over the past years. It seems quite clear to the Court from the evidence adduced at trial, including the transcripts of the various council meetings, that the council proceeded to do what the Court required the council to do but only very reluctantly, , slowly, with every intention to limit the relief affo7dbd-the plaintiff as much as could be done. In proceeding as`l did, -it appears to the Court that the defendant acted knowir§-I.y, inten- tionally, ten-tionally, and willfully and made an effort to comply,:+githcthe Court's order only marginally. (See Transcript of Tape Recordings of Council Proceedings including, but not limited to, pages 7, 8, 12, 18, 23, 28, and 32.) Defendants wish to shift the blame for the dr,•lay in the rezoning and for the failure to issue a building permit before rezoning to plaintiffs _10- They allege that plaintiffs did not JORM MICR4?LA8 �. CEDAR RAPIDS • DES MOINES act strongly enough and did not make sufficient demands on them fcr the remedial action which the Court had directed defendant to provide. The difficulty with that posture is that defendant was required to carry out- the Court's order. It was not necessary that the plaintiff remind defendant from time to time that relief was due plaintiff and incesnant.ly and insistently demand that the City obey the Court orders which defendant had before it; but even looking at it from defendant's point of view, plaintiff did make contact with the City through its contractor, Wayne Paulson, and did attempt to move forward with the work necessary for the issuance of a building permit but was immediately informed that no such building permit would issue until zoning had been completed. Defendant also urges that all of the rezoning steps needed to be very carefully followed in connection with rezoning defendant's property but defendant fails to take into account that Court ordered rezoning was to be had in this case. Mr. Hayek, the city attorney who handled this matter for defendant, admitted in his testimony that it would have been possible to proceed directly with rezoning by the council without submitting the matter to Planning and zoning under the circumstances of this case but that it was felt it would be better not to do SO. (Sea Transcripts of Tape Recordings of Council Proceedings.) It is admitted that the Court could have adopted a zoning ordinance immediately after the public hearing, but the City urges that it was "not customary" to do so in cases involving "controversy." As a matter of fact, the defendant not only did not shorten the time for adopting the order rezoning -11- CEDAR RAPIDS • DES MOINES r j< 1 act strongly enough and did not make sufficient demands on them fcr the remedial action which the Court had directed defendant to provide. The difficulty with that posture is that defendant was required to carry out- the Court's order. It was not necessary that the plaintiff remind defendant from time to time that relief was due plaintiff and incesnant.ly and insistently demand that the City obey the Court orders which defendant had before it; but even looking at it from defendant's point of view, plaintiff did make contact with the City through its contractor, Wayne Paulson, and did attempt to move forward with the work necessary for the issuance of a building permit but was immediately informed that no such building permit would issue until zoning had been completed. Defendant also urges that all of the rezoning steps needed to be very carefully followed in connection with rezoning defendant's property but defendant fails to take into account that Court ordered rezoning was to be had in this case. Mr. Hayek, the city attorney who handled this matter for defendant, admitted in his testimony that it would have been possible to proceed directly with rezoning by the council without submitting the matter to Planning and zoning under the circumstances of this case but that it was felt it would be better not to do SO. (Sea Transcripts of Tape Recordings of Council Proceedings.) It is admitted that the Court could have adopted a zoning ordinance immediately after the public hearing, but the City urges that it was "not customary" to do so in cases involving "controversy." As a matter of fact, the defendant not only did not shorten the time for adopting the order rezoning -11- CEDAR RAPIDS • DES MOINES r -12- r JORM MIC R+LAB CEDAR RAPIDS • DES MOINES 4a 9 ■ ordinance but actually, on one occasion, cleferl acLion until its next regular meeting and thus extended the time. Here, again, o -:hat was done must be looked at in light of the i direct order of the Court to act "immediately." When the Court looks at the record as a whole, reviews the testimony of the witnesses as received by the Court, the Court finds that the delay of defendant in rezoning r: 5 was unnecessary, was done knowingly, intentionally, and The various counsel members who opposed acting at willfully. Fi once had their own reasons therefor, some of which are expressed in their testimony. But whatever their reasons, the law to n qi P! be applied to their actions in regard to rezoning was that set out in the Court's orders dated January 24, 1974, and March 12, 1974, from neither of which orders did they appeal. r� Based on all the facts in this case, it seems clear that the defendants could have issued a building permit t. ! immediately after the Court's order dated January 24, 1974, or after the contractor, Wayne Paulson, visited with them is about construction of the units and brought plans to them in ii February of 1974 or after "clarification order" dated March 12, ;s 1974. The Court finds that the defendant elected not to do so. The Court also finds that defendant could have the in immediately rezoned through the City Council premises question to R -3A following the filing of the Court's order 1 g dated January 24, 1974, or after the issuance of the "clarification 4 order" dated March 12, 1974, or at the City Council meeting in iApril, 1974, when the matter was referred by Council action i 1 to Planning and zoning. The defendant elected not to do so. -12- r JORM MIC R+LAB CEDAR RAPIDS • DES MOINES 4a 9 ■ D 1� r'1 There is not one iota of evidence indicating that defendant at any time through any of its officers, agents, or employees, ever acted in any way calculated to assist plaintiff in obtaining speedy reLief or ever contacted plaintiff in an attempt to cooperate with plaintiff in carrying out the Court's orders. In light of the fact that the Court required "immediate" performance, it seems clear that the defendant, not the plaintiff, had the obligation to go forward. The defendant elected not to do so. The Court notes that even before the plaintiff brought its action against the City for relief jr, 1972, plaintiff had made many attempts to obtain changes in the zoning. The records shows that at one point in these proceedings, the City Planning and Zoning Commission had recommended to the City Council that rezoning take place and that these premises be rezoned R -3A. Considering all the facts and circumstances and the long history of litigation in this case, it doesn't seem possible that the City could now persuasively argue that it had no real notion of the proper zoning without first referring it to the Commission again. However, the City elected not to proceed without making the referral. The Court finds that there was an agreement between contractor, Wayne Paulson, and the plaintiffs for the construction of three additional apartment buildings containing twelve units each for a price of $776,000 provided such construction could be begun by April, 1974; that the defendant knew that a business relationship or business expectancy existed between contractor, Wayne Paulson, and plaintiff since the contractor called on -13- _.. ,. rul.nurn-MU tlf JORM MIC R�►LAB CEDAR RAPIDS • DES MOINES 66? f D 1� r'1 There is not one iota of evidence indicating that defendant at any time through any of its officers, agents, or employees, ever acted in any way calculated to assist plaintiff in obtaining speedy reLief or ever contacted plaintiff in an attempt to cooperate with plaintiff in carrying out the Court's orders. In light of the fact that the Court required "immediate" performance, it seems clear that the defendant, not the plaintiff, had the obligation to go forward. The defendant elected not to do so. The Court notes that even before the plaintiff brought its action against the City for relief jr, 1972, plaintiff had made many attempts to obtain changes in the zoning. The records shows that at one point in these proceedings, the City Planning and Zoning Commission had recommended to the City Council that rezoning take place and that these premises be rezoned R -3A. Considering all the facts and circumstances and the long history of litigation in this case, it doesn't seem possible that the City could now persuasively argue that it had no real notion of the proper zoning without first referring it to the Commission again. However, the City elected not to proceed without making the referral. The Court finds that there was an agreement between contractor, Wayne Paulson, and the plaintiffs for the construction of three additional apartment buildings containing twelve units each for a price of $776,000 provided such construction could be begun by April, 1974; that the defendant knew that a business relationship or business expectancy existed between contractor, Wayne Paulson, and plaintiff since the contractor called on -13- _.. ,. rul.nurn-MU tlf JORM MIC R�►LAB CEDAR RAPIDS • DES MOINES 66? tho city or its agents or employees with plans for the cr,nstruction of the units; that the defendant by failing to provide either the building permits or to rezone immediately and provide building permits immediately, acted in such a way as to prevent the consummation of the business opportunity and that defendant's acts were knowing, willful, and in light ,f the Court's order to issue building permits and immediately rezone, it appears the defendant was acting illegally and in reckless disregard of another's rights; that as a result of defendants' interference with plaintiff's business opportunity, plaintiff sustained damages of at least $93,000. Accordingly, the Court finds that plaintiff should have judgment against defendant in the amount of $93,000 as prayed, together with the costs of this action. CONCLUSIONS OF LAW zoning is the exercise of police power in the interest of.public peace, order, morals, health, safety, comfoi-*.C; ccPVenience and the genera?. welfare. Arbitrary and unreasonable restrictions upon use and enjoyment and deprivation of property without due process will not be permitted. Being an exercise of police power by a municipality, which power is delegated from the State, such delegated power must be strictly construed. Granger v. Board of Adjustment, 44 N.W.2d 399, 402 (Iowa 1950). Minor changes in comprehensive plan or zoning doesn't require meeting all the notice and a hearing requirements for adopting a "comprehensive plan" or a zoning ordinance. Velie Outdoor Advertising v. City of Souix City, 252 N.w.2d 408 (Iowa 1977). The right to operate a legitimate business may not be prohibited, or unreasonably restricted by zoning -14- MICROFILMED BY JORM MICR+LAB -:' CEDAR RAPIDS • DES MOINES Zoning M 669 ' g�g I! it si !1 ry 6 t I tho city or its agents or employees with plans for the cr,nstruction of the units; that the defendant by failing to provide either the building permits or to rezone immediately and provide building permits immediately, acted in such a way as to prevent the consummation of the business opportunity and that defendant's acts were knowing, willful, and in light ,f the Court's order to issue building permits and immediately rezone, it appears the defendant was acting illegally and in reckless disregard of another's rights; that as a result of defendants' interference with plaintiff's business opportunity, plaintiff sustained damages of at least $93,000. Accordingly, the Court finds that plaintiff should have judgment against defendant in the amount of $93,000 as prayed, together with the costs of this action. CONCLUSIONS OF LAW zoning is the exercise of police power in the interest of.public peace, order, morals, health, safety, comfoi-*.C; ccPVenience and the genera?. welfare. Arbitrary and unreasonable restrictions upon use and enjoyment and deprivation of property without due process will not be permitted. Being an exercise of police power by a municipality, which power is delegated from the State, such delegated power must be strictly construed. Granger v. Board of Adjustment, 44 N.W.2d 399, 402 (Iowa 1950). Minor changes in comprehensive plan or zoning doesn't require meeting all the notice and a hearing requirements for adopting a "comprehensive plan" or a zoning ordinance. Velie Outdoor Advertising v. City of Souix City, 252 N.w.2d 408 (Iowa 1977). The right to operate a legitimate business may not be prohibited, or unreasonably restricted by zoning -14- MICROFILMED BY JORM MICR+LAB -:' CEDAR RAPIDS • DES MOINES Zoning M 669 ' must bc, to protect. puIiIic hcaILh, murals, or general welfare and must be reasonably required or suited to the purpose. It cannot disregard Constitutional guarantees. Plaza Recreational Center v. Sioux City, 111 N.W.2d 758, 764 (Iowa 1961). In connection with rezoning where one spends substantial sums on improvements in reliance upon a permit duly issued, a vested interest results and the permit cannot be arbitrarily revoked. The City cannot take property or business rights without compensation simply by enacting a zoning ordinance. Stoner and McCray Svstems v. City of Des Moines, 78 N.W.2d 843 (Iowa 1956). (In this case it appears the permits to build granted by Johnson County were prbperly issued and that Iowa City later attempted to deter construction by applying to plaintiff an unlawful zoning ordinance.) Irrational zoning with no real relation to public health, safety, et cetera, is a violation of due process under the Fourteenth Amendment. City of Miami v. Woolin, 387 Fed. 2d 893 (5th Circuit, 1968). The Court must have the power, not only to adjudicate zoning disputes, but to order action not inconsistent with its adjudication. This is true even though the Court has no power to order zoning. City of Richmond v. Randall, 211 S.E.2d 56, 61-62 (Va. 1975). In the case now before us, defendant might have questioned the Court's order to rezone as it did but elected not to appeal. See Pascack Assoc., Ltd., v. Mayor and City Council of Township of Washington, 329 A.2d 89 (N.J. 1974). See also Alcorn V. City of Rochester Zoning Board of Adjustment, 341 A.2d 269 (N.H. 1975). Megal v. City of Paoillion, 207 N.W.2d 377 (Nebr. 1973). Intentional interference with a prospective economic advantage is a recognized tort in Iowa. Farmers Coop Elev., Inc._,_ at Duncombe v. State Bank, 236 N.W.2d 674 (Iowa 1975); Clark v. Figge, 181 N.W.2d 211, 213 (Iowa 1970). See also Dunshee v, Standard Oil Co., 152 Iowa 618, 132 N.W. 371 -- Second appeal 165 Iowa -15- 69 ... _. JORM MICR( LAB ' CEDAR RAPIDS • OES MOINES 4 r� 625, 146 N.W. 830; Boggs v. Duncan -Schell Furniture Company, _63 Ioo:a 106, 143 N.W. 482. For tortious interference damage claim, it is required that actual loss or damage result from defendant's intentional and wrongful interference with plaintiff's business relationship or business expectancy. Stoller Fisheries, Inc., v. American Title Insurance Company, I 258 N.W.2d 336, 340 (Iowa 1977). Interference with the performance of a contact or conduct causing the breach thereof gives right to a cause of action. The right to benefit from a contract is a property right and if it is illegally destroyed, the injured party has an action for the damage caused. Iowa Security Company v. Shaeffer, 126 N.W.2d 922, 925 (Iowa 1964). Plaintiff can recover for increased financing costs and construction costs where delays have been caused by litigation over zoning. Weiner v. 222 East Chestnut Street Corporation, 303 Fed.2d 630 634 PCA 1962). Where zoning regulation damages the value of plaintiff's property to a point where there is a "taking" of the property, the zoning authority must pay damages therefor. The imposition of such zoning which is unreasonable, oppressive, or discriminatory or is a device to take private property for public use without paying for it will not be tolerated. Such zoning will be treated as "inverse condemnation" and damages will be awarded. Eldridge v. City of Palo Alto, 124 Cal. Rep. 547, 559 (1975). It is sufficient where a showing of malice is required that the malice be "legal malice" that is an act committed or continued with a willful or reckless disregard of another's rights. Pogge v. Fullerton Lumber Company, 277 td.W.2d 916, 920 (Iowa 1979). Corporations' malice may be inferred from its illegal acts. It can also be inferred where reasonable -16- MICROFILMED BY F JORM MICR+LA6 (� CEDAR RAPIDS • DES MOINES 1� J J I men could infer that the defendant acted in utter disregard .r abandonment as to the natural consequences of their acts and the rights of others. A willful wrong may be committed without intention to wrong but if wrong follows therefrom, it is willful and malicious. NorLhrup v. Miles }come, Inc., is 204 N.W.2d 850, 861 (Iowa 1873). The Courts have now held that punitive damages can be recovered against a municipality. That involves an inference that a municipality may also be guilty of malice. Young v. City of Des Moines, 262 N.W.2d 612 (Iowa 1978). See also Monell v. Dept. of Social Services, 98 S.Ct. 2018 (1978). In determining the intent of a municipality, an objective test is to be used. Hart v. Community School Board of Education, New York School District No. 21, 512 Fed.2d 37, 50 (2CA 1975). See also Armstrong v. O'Connell, 451 Fed. Sup. 817, 825 (1978). DECISION 4 IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by the Court that the plaintiffs have judgment against the a( defendant, City of Iowa City, Iowa, in the amount of Ninety- three Thousand Dollars ($93,000) together with interest thereon at the legal rate from the date hereof. 9 8 IT IS FURTHER ORDERED that the Clerk of this Court assess the costs of this action against defendant, City 4 of Iowa City, Iowa, and judgment be rendered against said defendant therefor. Dated this 3rd day of March, 1980. A A S' City. Atty. H OLD J. SWAILES, JUDGE Wm. Meardon 4ATH JUDICIAL DISTRICT OF IOWA [�.tAPROOr. OF^.RVICE Ili O Com•_ -tires j� ti U:.�n .' _ r,� 1 im e•..•. ,� tin Idl- )o -r.vv Iq,r Il�LNO CEDAR RAPIDS • DES MOINES ,. a : ■ �51G ii'�I a A �iacch 5 k9z0 C�s vj3S5::- Lisa's re--et�y Ucfl a r,c-aA- lcsfj�) cctn. we c«iciloly CAi6 . � his i5 cf CY�i� �ra�e�F L-ue- c�C�1V y, CLYI�Ilk yam- oTerin9 -Nape -}ane e rt cin rcrn5 [ice -/(,icrd duec�y -IV � 'ray l ave- p►Shlte cn J`9y ��`� ,CA on cne�Sy . 0 CCX15U��C'i.�lG(l uX1.S uSe�C�I��,1J�rat<<n u� /rho, or, LW45 ct ve( r13xvcwt I . �I -Cin�C yCX) MICRIIIIMED BY JORM MICR�LAB CEDAR RAPIDS • DES MDIMES City of Iowa Ci MEMORANDUM Date: March 14, 1980 To: City Counc4ni From: Don Schmeiing Director Dept. of P& Program Development Re: Foster Road Analysis The purpose of this memo is to discuss the issues which have been brought up during the Foster Road analysis, both during the staff study and in discussions with Planning and Zoning Commission and City Council. Attached to this memo is a chart, Table 1, which isolates five issues which we have identified. Table 1 contains three columns: the identification of the issue, a description of impacts associated with the issue, and the impact of each of the three alternative alignments for Foster Road and First Avenue extended. These general alternative alignments were identified in the Foster Road report (Figures 8-10, pages 32-34) and are as follows: Alternative 1, continuous arterial beltway; Alternative 2, network of collector streets; and Alternative 3, discontinuous collector streets designed for internal neighborhood access and circulation only. Also included are the estimates requested by Council for developer and City costs for the construction of Foster Road. A discussion of the issues and impacts follows: Ia. Circulation --community. The arterial beltway concept will provide for smooth, continuous traffic flow from the peninsula area around the north and east sides to the Mall. This beltway would connect with the major traffic facilities and provide access to important destinations in these areas. It is, however, important to consider how much circulation improvement Foster Road would actually provide. Interstate 80 already connects Dodge and Dubuque Streets and would be the preferable route for much traffic originating north of the City limits. A question has been raised as to whether it is suitable practice to utilize the interstate as part of the local street system. Interstate highways are utilized for local travel safely and efficiently in other cities in Iowa (including Cedar Rapids, Des Moines, and Davenport), as well as to some extent already in Iowa City/Coralville. Perhaps most importantly, Interstate 80 is an existing road with construction and maintenance costs paid for with no local funds. lb. Circulation --neighborhood. Neighborhood circulation for developing areas will be provided equally well by either alternative 1 or 2, because either one provides direct connections to adjacent arterial streets. Alternative 3 would provide MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES W // 2 somewhat poorer overall neighborhood circulation, since the area between Prairie du Chien Road and N. Dodge Street would not have direct access to Prairie du Chien. The area between N. Dubuque Street and Prairie du Chien Road would have equivalent neighborhood circulation under each of the three alternatives. 2a. Neighborhoods --Traffic intrusion into developing areas. New residential development on the north side will hopefully provide several attractive neighborhoods for future residents. Heavy traffic flows of external traffic could create severe neighborhood problems, by creating excessive noise and pollution, and a virtual barrier running through these neighborhoods.. 2b. Neighborhoods --congestion in older, central areas. Protection of older residential neighborhoods has been an important past objective of the City and has continued to be an important consideration in the analysis of Foster Road. Where others have promoted Foster Road as a means of relieving traffic in central neighborhoods (e.g. the near north side) and on narrow residential streets (e.g. Kimball Road, Ridge Road/Whiting Avenue), our analysis has simply concluded that the relief would not occur. We feel that if any outer street were to divert traffic, Interstate 80 would be doing that already. Traffic from destinations west of the Park Road bridge headed for the ACT/Westinghouse area presently has three choices as to route: a. Church Street, which is an arterial street but passes through a residential area. b. Interstate 80, which is longer in distance, but is continuous driving with no stops and may actually be quicker. C. Kimball Road and Brown Street, which are the quickest, :most direct routes. Foster Road is not likely to divert traffic in this situation, or in others we have looked at. 3. Cost to the public. Foster Road is intended to be constructed as development of the north side occurs, rather than appearing as a project in the Capital Improvements program. For some segments of Foster Road to be built, however, City expenditure of funds will have to occur. Cost estimates for the three alternatives are shown on the attached chart, Table 2. The total City share for alternative 1 is around $950,000; for alternative 2, approximately $835,000. Alternative 3 would be less expensive because the segment spanning the ravine east of Prairie du Chien Road would not be constructed. Alternative 3 would save the City over $300,000 as compared with a continous arterial beltway. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . i__N %-\ ' 3 4a. Urban form --north corridor development. Staff has raised the issue of urban form and the possible encouragement of sprawl development resulting from Foster Road. This issue has been the subject of much debate and little agreement, since it is not a matter for precise conclusions. Land use controls --zoning and subdivision --are the primary means of determining future land use. What staff has attempted to point out is that the road system has an enormous influence on private market decisions that are made within the constraints set by legal controls. In general, it is well established that development tends to occur in areas that are well -served by an arterial street network. 4b. Urban form --natural areas. Staff feels that much of the north side area is the type of environmentally -sensitive area that the comprehensive plan intended to carefully identify and prioritize before the potential value is lost as the area develops. Most of the area is likely to develop unless a private or a public land purchase program is undertaken. Staff recommends that floodplains, ravines, and the most sensitive areas be protected where possible. In alternative 3, the street pattern lends itself to enlarging the contiguous open space areas, specifically the ravine east of Prairie du Chien Road. 5a. Energy consumption -development in the Foster Road corridor. Development which occurs in the north side area will be most energy efficient in terms of gasoline consumption if alternatives 1 or 2 are chosen. Alternative 3 would cause some longer trip making than necessary under other alternatives. 5b. Energy consumption --secondary effects. i Staff considers the energy savings from alternatives 1 or 2 to be considerably lessened by secondary effects resulting from the development of an arterial beltway on the north side. These would include the encouragement of a further peripheral development, which is likely to consume a great deal of fuel because of future driving patterns. In addition, travel patterns that cannot be served by mass transit can be expected to be established under these conditions. tp/sp 's MICROFILMED BY JORM MICR¢LAF3 CEDAR RAPIDS • DES MOINES ISSUE TABLE 1: . ALTERNATIVES/IMPACT SUMMARY FOR FOSTER ROAD DESCRIPTION OF IMPACT IMPACT OF ALTERNATIVES Alternative =1 Alternative #2 Alternative #3 1. CIRCULATION a) improve community circulation + 0 - b) provide neighborhood circulation + + - '.`,� comparison of the three alternatives, rather than absolutes 1 f. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 0 + 0 0 0 0 + 0 + Iowa City Department of Planning and Program Development March.13, 1980 j for developing areas 2. NEIGHBORHOODS a) traffic intrusion into developing areas b) congestion in older, central areas 3. PUBLIC COST cost of providing Foster Rd. segments that will not be built by developers . URBAN FORM a) encouragement of development in the north corridor b) availability of contiguous natural areas for open space 5. ENERGY . a) fuel consumption by development in Foster Rd. corridor b) secondary effects Note: + positive impact 0 neutral impact - negative impact W, Yt.rSl, These are intended to be used as relative measures, for '.`,� comparison of the three alternatives, rather than absolutes 1 f. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 0 + 0 0 0 0 + 0 + Iowa City Department of Planning and Program Development March.13, 1980 j IT TABLE 2: ESTIRATED COSTS COR COMPLETION OF FOSTER ROAD ALTERNATIVES _ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES OU C ALTERNATIVE rl ALTERNATIVE r2 I ALTERNATIVE el SEGMENTS DEVELOPER CITY i • DEVELOPER CITY i DEVELOPER I CITY (see attached rov) I R.O.R. CONSTRUCTION I ! ' R.O.M. CONSTRUCTIJY I R.O.M. i CONSTRUCTION i I 1. Dubuque St. to Bjaysvillt Lane i S 3,850 1 f 52,500 j •S 3.8501 S 521500 3.850 S 52,500 2. Bjaysville Lane j ' 99,000 99.000 If 99,000 3. Alberhasty property I $226,875 20.625 5226,875 j 20,625 1 $226.875 1 j 20,625 4, esiscing faster Road segment I i i i i • S. emisting segment to Prairie 160,000 ! 86.250 I ! 70,000; 101,250 j 70,000! 101,250 du Cnien Road i 6. Prairie du Chun Road to I 48,275] 89,250 1 ! 48,2751 89.250 I Oases p property - 7. Oates property i 326,562 I 77,188 I 1 326.562j i 77,188 ! 230.312 j 20.938 8. aenneoy vroputy i 50,000 ! 69.000 I j I 50,000 69,000 I I I 50.000 69,000 9. X. Dubuque Rood I I 195,000 j j 195,000 i 195,000 Subtotal -- future ^� subdivisions 557,477 97,817 1 553,477 97,817 1 1 457,187 1 41,563 (se9nents 767) I i Subtotal -- city construction 'I I. of nN Segments 0 559,125 I I 0 444,125 ! 0 306,600 (segments 1.5,618) Subtotal -- all ner construction ~ ' ((segments 1,7,5,6.758) 55],4]7 656,978 553.437 541,938 457,187 349,163 Subtotal -- Improvement to j - streets 0 249.000 I ! O 249,000 0 249,000 nsting (segrents 21)) 1 TOTAL j $553,477 I $950,938 i ;f 55 $875,938 j f $457,1�6q•163 , Note: Foster Road Is assumed to be a 2 -lane road, lora City Department of Planning 33 -feet ride, .Ith a right -of -May of 66 feet. and Program Development !larch 13, 1980 Construction cost are Minted at $150 Per linear foot (projected 1981 cost) City pays for overrldth paving In future subdivisions (cost: $15 per square yard) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES OU C FOSTER ROAD SEGMENTS (refer to TABLE 2) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,r. N 1i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,r.