HomeMy WebLinkAbout1996-04-09 Info PacketCity of Iowa City
MEMORANDUM
DATE: March 30, 1996
TO: City Council
FROM: City Manager
RE: Material in Information Packet
Memorandum from the City Manager regarding pending development issues.
Copy of letter from the Executive Director of Administrative Service, Iowa
City Community School District, to the City Manager regarding Melrose
Avenue reconstruction project.
Copy of letter from the Executive Director of Administrative Service, Iowa
City Community School District, to the City Manager regarding gymnasium
space at Mercer Park,
Copy of memorandum from the Director of Planning & Community
Development to the City Manager regarding redevelopment of Urban Renewal
Parcel 64-1 (a).
Memorandum from the City Attorney regarding partial litigation update.
Copy of memorandum from Brad Neumann and Floyde Pelkey to the City
Manager regarding paint and household battery collection day.
Memorandum from Dennis McKim regarding GIS demonstration.
Article contributed by Council Member Baker regarding The Fourth Annual
Leadership Summit.
Article contributed by Council Member Thornberry regarding socialized water.
Agenda for the April 2, 1996, meeting of the Council on Disability Rights and
Education.
Agenda for the March 28 1996, formal meeting of the Johnson County
Board of Supervisors.
Copy of John Carver's Governing with Confidence.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
City Manager
March 28, '1996
Pending Development Issues
A pre-preliminary plat submitted by AI Streb for Streb's Industrial Park, located
east of Scott Boulevard north of Highway 6 in Johnson County.
An application submitted by Southgate Development Company, Inc., to fezone a
1.8 acre tract from RS-8, Medium Density Single-Family, to OSA-8, Sensitive
Areas Overlay, and approval of a preliminary sensitive areas development plan
and preliminary plat for the resubdivision of Lots 3 and 4 o fthe Henry F. Byrd
Addition, a seven lot residential subdivision located on the south side of Benton
Street.
An application submitted by Thomas Wegman for preliminary plat approval of
Prairie View Estates, Part Four, a 22-1ot, 30.86 acre residential subdivision
located east of Prairie du Chien Road and north of Interstate 80.
An application submitted by Dwight and Vicki Tardy for preliminary and final plat
approval of River Hill Addition, a 10.3 acre three lot residential subdivision
located at 4608 Oak Crest Hill Road, SE.
An application submitted by Steve Moss for the Iowa City Tennis and Fitness
Center for a rezoning of a 7.1 acre tract from CH-1, Highway Commercial, to
OSNCH-1, Sensitive Areas Overlay/Highway Commercial, and for approval of a
sensitive areas development plan for property located at 2400 N. Dodge Street.
· :':;.'p,/E; t4.4& 2 '; 1998
IOWA CITY COMMUNITY
SCHOOL DISTRICT
Barbara Grohe, Ph,D.
Superintendent
(319) 339-6890 Fax Number
509 S. Dubuque Street
Iowa City. IA 52240
(319) 339-6800
March 27, 1996
Steve J. Atkins, City Manager
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
RE: Melrose Avenue Reconstruction Project
Dear Steve:
The district is in receipt of your letter dated March 6, 1996 in which you request the
school district to participate in one-half the cost of the signal ($25,000) and the
request to clearly establish joint liability as a result of the installation of a light at this
intersection. Last evening at the Board of Directors meeting the Board passed the
following motion: "That the district inform the City of Iowa City that they are not
interested in participating in the cost of installing a stop light at the Melrose/West
High drive intersection."
It is the district's contention that the Melrose Avenue reconstruction project has
been appropriately designed by professional engineers and that the safety of that
intersection will be greatly improved. We also have been informed the warrants for
a stop light are not met. We respect the judgment of the professionals you engaged.
If you have any questions or need additional information on this issue, do not
hesitate to contact me directly.
Sincerely,
ji'~'~lfi~dd 'cL?p a ] m e r
Executive Director of
Administrative Service
c Barbara Grohe
Rick Fosse
Barbara Grohe, Ph.D.
Superintendent
(319) 339-6890 Fax Number
IOWA CITY COMMUNITI
SCHOOL DISTRICT
509 S. Dubuque Street
Iowa City, IA 52240
(319) 339-6800
March 27, 1996
Steve J. Atkins, City Manager
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Dear Steve:
The district is in receipt of your letter of March 7, 1996 whereby you state the
Department of Parks and Recreation and an informed citizens committee have been
working on the possible addition of gymnasium space at Mercer Park Aquatic
Center. In that letter you state that you have been asked to contact the school district
to determine whether there is an interest in participating in the project planning
and financial participation and the cost of construction.
This item was discussed at our Board meetIng on Tuesday evening, March 26, 1996.
The Board directed the administration to determIne the needs for additional
gymnasium space at South East Junior High and to inform the City that the district
at this time is interested in being involved in the project planning.
Please keep us advised on this project. If you have any additional questions, do not
hesitate to contact me directly.
Sincerely,
lr dL Palmer
Executive Director of
Administrative Service
c Barbara Grohe
Terry Trueblood
City of Iowa City
MEMORANDUM
To: City Manager
From: Karin Franklin, Director, Dept. of Planning & Community Developrffe~/~'u
Re: Redevelopment of Urban Renewal Parcel 64-1(a)
At the City Councirs January 15, 1996, meeting, the Council directed staff to begin the necessary
steps to market Parcel 64-1(a). Attached is a basic outline of the steps involved in disposition
of the Parcel (Figure 1). One of the first steps is for the City Council to discuss how to market
the site. The purpose of this memo is to provide background information regarding the history
of the site and its part in Urban Renewal, to review the opportunities that exist with this parcel,
and to list some critical questions that need to be answered to guide staff in marketing the site.
History & Background
The City began acquiring parcels of property on Block 64 in the mid-1950s. Through a series of
land purchases, including condemnation proceedings, the City acquired property on the south end
of Block 64 to construct a sur[ace parking lot. This land acquisition occurred prior to adoption of
the downtown Urban Renewal Plan in 1969. The Plan designates 64-1 (a) as a disposition parcel;
its disposition must comply with urban renewal procedures and meet the intent of the Plan.
The Urban Renewal Plan contains a list of 15 objectives, which are listed in Figure 2. The
objective, which best summarizes the overall goal of the Plan, states that the Plan is "to
strengthen central Iowa City as the retail trade business, financial, administrative, governmental,
educational, and cultural center of the area." The other objectives complement this objective.
Parcel 64-1(a) is located within an area designated by the Plan as the Central Business District
Core Zone. Redevelopment within this area must comply with the uses permitted in the Central
Business (CB-10) Zone of the Zoning Ordinance. In addition to zoning requirements, the Urban
Renewal Plan specifies additional controls and objectives, which are listed in Figure 3. The most
significant of these in relation to the redevelopment of 64-1(a) are the following:
Enlarge and strengthen the function of the Central Business District Core as a shopping,
business, and entertainment center.
o improve the attractiveness and convenience of the shopping environment.
Provide for the expansion and new development of retail, office, and service activities
which will be complimentary to existing activities in use, scale, and quality of materials and
surfaces.
2
Provide sites for either one or two new or expanded department stores to serve as
primary retail generators.
Provide for specialty retail and service uses oriented to the pedestrian-ways to
accommodate the needs of students, faculty employees, shoppers, and visitors,
Provide for up to 100 percent lot coverage of all private development parcels, and a floor
ratio of up to ten times the development area.
Provide for consolidated off-street Ioadlng and service facilities wherever practicable;
access to be provided from screened public service alleys or courts.
Allow for a hotel-conference center designed to meet the demands for transient housing
in downtown Iowa City, and to be readily accessible to commercial and office activity, the
University of Iowa campus, and the medical complex.
The zoning requirements and objectives of the Plan should be used as parameters for the
Council's decisions regarding this parcel,
A limitation also exists on the proceeds from the sale or lease of the pamel. According to the
close-out agreement for the urban renewal project, the proceeds from the sale or lease of the
parcel are to be treated as Community Development Block Grant (CDBG) Program income and
are to be used for eligible CDBG activities. Based on a 1988 appraisal of the site the amount
from the sale could equal $637,000. As part of the disposition of the parcel, an updated appraisal
will need to be conducted. In the redevelopment of the Parcel, the City does have the option of
reinvesting these funds in the development of the parcel. One means of doing this would be to
write down the cost of the land that a selected developer must pay in exchange for certain
features being included in the development.
Council Decisions
There are basically two questions for the Council to answer: what does the City Council wish to
see developed on this site, and what approach does the Council wish to take in marketing thi~
property?
What Does the Council Want on the Site? At the work session, I would like to take a short period
of time for the Council to list each of their individual desires for the future development of 64-1 (a).
In thinking about what uses would be desirable on the site, they should consider their vision of
downtown Iowa City in the future, the overall objectives of the Urban Renewal Plan, and the
specific objectives noted above (uses have been italicized). Consideration should be given to
what type of development can "strengthen central Iowa City as the retail trade business, financial.
administrative, governmental, educational, and cultural center of the area."
This Council and previous Councils have expressed an interest in a pubtic/private mixed use
project on this site. The following lists contain possible private and public uses for the site.
These uses have been suggested at differant times by different interest groups. These lists are
not all inclusive, but provide the Council with some possibilities.
Private Uses:
Major Department Store
Retail Shops
Restaurants
Hotel
Offices
Conference Facilities
Apartments/Condominiums
Public Uses:
Components of CenterSp~,ce (see proposal attached from CenterSpace Steering
Committee)
Library
Ice Skating Rink
Science Center
Children's Museum
Historical Museum
At the work session, the goal is to reach agreement on the use or uses the entire Council can
support on this property.
One option in this discussion is for the Council to leave the question of use of the site to a market
decision. Under this option, as development proposals were received, they would be evaluated
in the context of the zoning requirements and the Urban Renewal Plan objectives; the use of the
property would be determined by market opportunities and the parameters noted. I don't favor
this option since I believe it misses an opportunity for the City to encourage a very special
development on this site, in the public interest.
How to market the site? The approach we take to marketing this site can be critical to the
successful redevelopment of this parcel at this time. One of the marketing issues relates directly
to the first question of use of the site. If the Council does not know what they would like on the
site or cannot reach consensus as to what those uses should be, they may wish to have an
analysis done of what type of development could be successful in today's economic market.
Outside help would be required for this. They may also wish to do this even if they do have a
fairly clear idea of what is desirable for the site.
Assuming the Council does have defined ideas for development of the site, should a market
analysis of the desired project be performed prior to the marketing of the site? Or, should we let
the market determine the feasibility of the project by the number and quality of proposals we
receive in response to our Request for Proposals?
Should we market the site locally, regionally, or nationally? Obviously, the wider the net is cast,
the greater the number of responses we are likely to receive.
Should we hire a consultant to assist us with the marketing of the site? If market analyses are
to be performed and/or the market for developers is regional or national, we will need help. We
do not have the expertise or exposure to carry this out with people on staff. These seem to be
questions of how much the Council wishes to invest in this project and how important it is to
4
develop this property now.
The redevelopment of Parcel 64-1(a) provides Iowa City a unique opportunity at a critical point
in the continued vitality of our downtown and therefore our community. Through acquisition,
clearance, and redevelopment of private land under Urban Renewal, the City has stimulated
private investment in downtown. Parcel 64-1(a) is the last remaining undeveloped parcel. This
approximate 37,000 square foot parcel provides an excellent development and investment
opportunity for downtown Iowa City. Given that in the near future the local retail market will have
an added dimension in the Coralville Mall, the development of Parcel 64-1(a) provides Iowa City
the opportunity to strategically place the downtown in the regional market.
e(xx~v~4.1 a
DATE
Bid period plus one month
Figure 1
DISPOSITION OF PARCEL 64-1a
COUNCIL ACTIONS
STAFF WORK
Informal discussion of how
to market the site
Bid request for appraisal and
review appraisal
Select appraiser and review
appraiser
Review appraisal
Check review appraisal;
proposed value set
Prepare marketing
documents (Prospectus)
Informal discussion of
marketing documents
Public Hearing on Sale
(optional)
Resolution approving
marketing document,
including value of parcel and
length of bid period
(Resolution Authorizing and
Directing the Solicitation o~
Offers to Purchase Land for
Private Development)
Evaluation of proposals
Design Review Committee
consideration of design
Recommendation to City
Council
Resolution designating
Preferred Developer and
authorizing Notice of intent
to Convey (30 days)
Request HUD approval of
developer
Resolution authorizing sale
of parcel (execution of
contract and delivery of
deed)
Design Review Committee
review and recommendation
on preliminary design plans
Resolution approving
preliminary design plans for
development
Do
Figure 2
URBAN RENEWAL PLAN OBJECTIVES
To eliminate substandard buildings, blighting influences, and environmental deficiencies
in this important section of the City of Iowa City, and to establish conditions which will
prevent the recurrence of blight and blighting conditions.
To strengthen central Iowa City as the retail trade business, financial, administrative,
governmental, educational, and cultural center of the area.
To strengthen the economic well-baing of the central area and the City by increasing
retail activity, taxable values, and job opportunities,
To establish a pattern of land use activities arranged in compact, compatible grouping
so as to enhance their efficiency of operation and economic inter-relationships.
To provide for the orderly physical and economic growth of the central area through
controlled redevelopment and rehabilitation.
To provide safe, efficient and attractive public and private vehicular access to central
Iowa City.
To provide a safe, efficient and attractive circulation system which minimizes conflicts
between different forms of traffic such as pedestrians, bicycles, automobiles, transit
and service vehicles.
To encourage coordinated development of parcels and structures in order to achieve
efficient building design, multi-purpose use of sites, unified off-street parking, trucking
and service, and internal pedestrial linkages.
To provide for off-street parking facilities in locations easily accessible from major
thoroughfares and central area destinations alike including long-term parking facilities
on the periphery of the central area, and including existing off-street parking outside
the project area boundaries.
To improve the appearance of buildings, rights-of-way and open spaces, and to
encourage high standards of design.
To aid the University of Iowa to expand in an orderly way, so the University and the
Business District can each perform its own function with minimum conflict and mutual
benefit.
To provide for open spaces and pedestrian ways, which reinforce the pedestrian
orientation of downtown Iowa City.
To provide for residential development within the project area in order to enhance
housing opportunities, especially for the low income, elderly, and handicapped in
downtown Iowa City.
To provide an environment which improves the attractiveness of public transit in Iowa
City, and which reinforces the viability of the public transit systems.
To encourage the restoration and rehabilitation of structures within downtown Iowa
City which are of architectural and/or historic significance.
Figure 3
ADDITIONAL CONTROLS AND OBJECTIVES
Central Business Core - Area
The development of this area should:
--Enlarge and strengthen the function of the Central Business District Core as a shopping,
business, and entertainment center.
--Provide for redevelopment in compact groupings, in order to intensify the density of usable
commercial spaces, while increasing the availability of open spaces, pedestrian ways, and
plazas.
--Improve the attractiveness and convenience of the shopping environment.
--Provide a public plaza in the heart of the Central Business District Core to be constructed
largely on and adjacent to the right-of-way of Dubuque Street at College Street, which will
serve as an identifiable civic symbol and focal point and function as a center for pedestrian
movement.
--Provide for the expansion and new development of retail, office, and service activities which
will be complimentary to existing activities in use, scale and quality of materials and
surfaces.
--Provide sites for either one or two new or expanded department stores to serve as primary
retail generators,
--Provide for the restricting of Dubuque Street from Washington Street to the alley between
College and Burlington Streets, in order to facilitate pedestrian circulation, to allow for
emergency vehicles between Washington and College Streets, and to allow the crossing by
delivery vehicles at the alley between Washington and College Streets.
--Provide an attractive public pedestrian link between the public plaza and the activities and
uses oriented to Burlington Street, to be constructed parallel and adjacent to the closed right-
of-way of Dubuque Street.
--Provide for publicly-owned off-street parking facilities to accommodate approximately 1300
to 2000 cars.
--Provide for specialty retail and service uses oriented to the pedestrian-ways to accommodate
the needs of students, faculty, employees, shoppers, and visitors.
--Provide for the retention of private off-street accessory parking, now utilized in conjunction
with and as part of existing private uses; such parking areas to be provided with buffering,
screening, and/or planting as is deemed appropriate to make them visually attractive to
passersby and parkers.
--Prohibit any new off-street parking unless granted by special use permit by the City Council,
and in that event, for accessory parking only.
--Provide for up to 100 percent lot coverage of all private development parcels, and a floor
area ratio of up to ten times the development area.
--Provide for consolidated off-street loading and service facilities wherever practicable; access
to be provided from screened public service alleys or courts.
--Provide for a pedestrian linkage connecting the University and Central Business District Core
areas, to be constructed largely on the closed right-of-way of College Street.
--Provide for the closing of College Street between Capitol and Clinton Streets in order to
permit land assembly for private development.
--Allow for a hotel-conference center designed to meet the demands for transient housing in
downtown Iowa City, and to be readily accessible to commercial and office activity, the
University of Iowa campus, and the medical complex.
--Provide for the restricting of College Street from Clinton Street to Linn Street in order to
facilitate pedestrian circulation, to allow for emergency vehicles, and to allow for goods
delivery w. here no alternate access is available.
--Provide for the restricting of Washington Street from Capitol Street to Clinton Street to be
designed with emphasis on transit and pedestrian traffic, but allowing limited automobile
traffic if possible.
--Provide for the development of a new public library at the intersection of College and Linn
Streets,
CenterSpace - a regional Cultural/Conference Center
Executive Summary
Name and Scope of Project:
CenterSpace is seen as a mixed-use facility providing opportunities for community
residents and visitors to participate in a wide variety of programs, performances,
exhibitions, events, workshops, classes, conferences and commercial offerings. Sited
on the last urban renewal parcel in downtown Iowa City adjacent to the Iowa City
Public Library and Pedestrian Mall, CenterSpace will be accessible to people of all
ages, populations, incomes and artistic experience. CenterSpace will serve the
community by joining traditional and innovative cultural activities with
educational opportunities and commercial enterprises. This integration is essential
to the facility's concept and key to its success. In addition to the conference and
commercial spaces, the cultural components would consist of the following:
Performing Arts Center (shared use with on- and off-site conferencing) is a
500 seat theatre with fly loft storage, production support and other storage spaces.
16,400 square feet estimated cost: $3,102,940
Infoo~ation, Discovery & Gathering Center with multipurpose lobby is a
"hands-on" exhibits and educational space designed to attract families and
children in addition to its usage by the community for such needs as public
arts/cultural events and public, business and private receptions, etc. This space
also includes a centralized regional scheduling, information and ticketing
operation.
6,300 square feet estimated cost: $736,000
Communication Center is the area-wide community-based public access
television site for live and taped productions. Also provides service to all
activities and components of CenterSpace, including conferences, presentations,
and meetings.
3,000 square feet estimated cost: $314,000
Visual & Literary Arts Center (VLA) - all wall surfaces and public floor areas
within CenterSpace will be used for exhibitions and impromptu performances
and events. (Other off-premises exhibition sites in the area might be included as
part of the CenterSpace concept.) In addition, the VLA Center includes four
traditional classrooms and studios for visual arts such as painting, sculpting,
printmaking, photography, etc., that can also be used for rehearsal space.
4,700 square feet estimated cost: $447,000
Developmerit Timeline~
The CenterSpace Committee envisions that CenterSpace will be open for public use
by the year 2000. In the event the Urban Renewal parcel is developed for purposes
other than this proposal, the CenterSpace committee will be seeking other locations
and alliances for its completion between the years 2000 and 2005.
Initial start-up building costs:
Start-up estimated costs total $4,600,000 for the cultural and community components
of CenterSpace.
Expected source of start-up/building funds:
Start-up funds will be a combined pubhc/private collaboration. (City of Iowa City,
private developer, and capital fund raising campaign).
Projected annual operating expenses:
It is recommended that CenterSpace should be organized as a private, not-for-profit
facility owned by the City of Iowa City and managed under lease by a not-for-profit
corporation operating under the rules of Section 501(c)(3) of the United States Code,
so that fund raising efforts can support annual operations. It is expected that when
CenterSpace is fully operational that the annual operating costs will be approxi-
mately $1.3 million, based on a larger Cultural Center pro~'am than the CenterSpace
Committee is proposing at present.
Source of operating funds:
Revenues will be produced by the conferencing and commercial components; the
rental and fees from the programs within the above described Centers, and from
ongoing private fund raising and grants. When fully operational, the projected
revenues are estimated at $1.15 million.
Special Considerations:
1. Substantial amounts of non-recoverable public and private dollars will need to be
invested in CenterSpace. The pay back for such an investment is the enrichment of
the quality of life and the provision of unique services for the' entire community
and region. CenterSpace will require the financial support of the I0wa City
government and its citizens in the capital cost and ongoing operating funds to fulfill
this project concept.
2. The 1994 Feasibility program shows 30,000 sf Conference Center;. 15,000 sf Retail or
Commercial Center; 40,600 sf Cultural Center plus additional sf office, condomin-
iums or hotel rooms. Total space requirement for Cultural Center as now proposed
is 30,400 sf.
Members of the CenterSpace Steering Committee:
Richard Blazek - Part Cain - Karen Chappell, co-chair - Wallace Chappell - Maggie Conroy -
Judith Dows - John Fitzpatrick - Wendy Ford - Donna Friedman - Gloria Galask - Rudy Galask -
Mary Gantz - Patrick Grady - John Hess ~ Jolones - ChristianeKnorr - Mary Lea Kruse - Donald
Macfarlane - Betty McKray - Barbara Ni[ausen-K - Kevin O'Brien - Renl! Paine - Laurie Robinson -
Robert Sierk - W. Richard Summerwill - Joyce Summerwill, co-chair - Alan Swanson - Wallace
Tomasini - Dickie Van Meter - Steve West - Craig Willis - Shirley Wyrick, co-chair
City of Iowa City
MEMORANDUM
Date:
March 27, 1996
To:
From:
Re:
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~
Partial Litigation Update
1. Ha.qen Electronics v. Iowa City and Johnson Countv; Sur)reme Court #12/94-1427
As you can see from the attached decision issued by the Iowa Supreme Court March 20, 1996,
the City of Iowa City and Johnson County have prevailed in the lawsuit brought by Hagen
Electronics concerning property just west of Runway 6 near Highway 1 West (west of Hargrave
McEleney Auto Sales).
As you recall, Hagen Electronics sued the City and the County, claiming that the airport zoning
ordinance was an "unconstitutional regulatory taking" which prevented Hagen from using the land
as a TV rental sales office. Hagen also claimed that the City acted in such an arbitrary manner
so as to deprive Hagen of his substantive due process rights under the U.S. Constitution.
Although the trial court agreed with Hagen on all issues, the Iowa Supreme Court rejected
Hagen's claim in its entirety. This means the City and County's airport zoning regulations,
together with the City's actions in dealing with Hagen Electronics, have passed constitutional
muster and are deemed valid.
I anticipate Hagen's attorney, Mr. William L. Meardon, will request a rehearing from the Iowa
Supreme Court, but we expect to prevail. David Brown did an excellent job on this case.
2. ClW v. James Glasqow (Glasgow V)
On Monday, April 1, 1996, the City's quiet title action will be heard before a judge in the Johnson
Counb/Courthouse. I will be a witness during this proceedings, but my testimony should not take
very long. We will keep you informed. As you know, John Hayek and David Brown are
representing the City in this lawsuit, to literally "quiet the title" concerning the five acres which the
City condemned from Washington Park, and which James Glasgow now claims as his own.
Please call if you have questions.
CC:
City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff
Outside Counsel John Hayek and David Brown, FY]
Attachment
Ir, w~3updale.mmo
No. ~2 / 94-1427
Filed March 20, 1996
CIT~/OF IOWA CITY, IOWA, and
IOWA CITY AIRPORT COMMISSION,
Appellants,
V$.
HAG~N ELECTRONICS, INC.,
HAG~N ELF, CTRON~CS, INC.,
CLARENCE HAG/iN, and
I~NNETH HAGEN,
MAR 199§
App~llees,
rS.
THE C~TY OF IOWA CITY, IOWA, and
JOHNSON COUNTY, IOWA,
Appeal from the Iowa District Court for Johnson County, Thomas M.
Horan, Judge. .
Governmental authorities challenge decision for ladowner in dispute over
aiiTor~ zoning and alleged "taking" of property.. REVERSED.
David E. Bitam of H .a?.k, Hayek, Brmvn & Engh, L.L.P., Iowa City, for
appellants City of Iowa City,.Iowa, and Iowa City Airport Commission.
, {. Patrick White, County Attorney, for appellant Johnson County.
}
I'lq~-2~-J. 996 16:S1 F'RO~ 14::IYE~ I*~YE~ ~ & ENGH TO ~
William L Meardon of Meatdon, Sueppel, Downer & HaF. s, Iowa City,
appell~.
ConsIdled by McGtve,-in, C.I., and Harris, l. avorato, Neuman,
Andr~.s~n, Jl.
[~-~-1~ 16:51 FROM HAYEK I~YEK I~ ~ ENGH TO
3
NEUMAN, Justice.
This is an appeal from a }uclgmem entm:d for the landowner in an inve~e
condeau~tlon ~etion. flithough the aplml ~ multiple questions, our dealstun
turns, ultimately, on the landowner's fallur~ to od'taust admin~-trative remedies.
We, thrufore, rever~.
L Fa.~a/Bad~ground.
In 1972, plaintiffs Hag~n FAectronies, Clarence Hagen, and Kenneth Hagen
(h~reinafter 'Hagen~) pttrchased a tract of unimproved land southwest of
Iowa City hi J~ohmon County., Iowa. The tract of approximately 1.47 acres
adjoined Highway I and the Iowa City Muntdpal Aixpocc At the time Flagon
purchased the property. no airport zoning ordinance existed, but the property was
(and still is) subject to federal regulations governing airports. The propeaty
x~emained undeveloped until 1985.
After ygars of study and planning, the city adopted a new airport master
plan in 1982. The plan substituted runway 6-24 for 17-35. as the aixport's
primary runway. The plan also called for a I000' extension of rt~way 6-24,
thereby altexing the approach slope to 34:1.: Hagen's property lies within the
approach of runway ~-24.
The airport improvement project culminstxxi in the adoption of a joLqt city-
county airport ordinance in November 1984. The ordinance im..rno~d ,,_.~ ~rld
height limitations on s~,rroundln§ properties. Penetration of the new approach
slope was prohibited. Under a [ 990 amendment to the ordinance (adopted to
reflect the fact that rum~v 6-2q was only extended by 355', not the propored
eguuung zuu lrom tl:~ end ofa ~way. A34:1 approach slope means that, for ever/
thirty-fx:af feet from M p~int of begi:ming, the slope.elevates one foot. Thu~, for example,
.a?_~l a, ~ppr. oadl $1oi~, iytccper (and le.~ restrictive in terms of ~mounding development)
man a ,~:
~'"~:~-26-1996 16:52 F'RO;'t Hf:fi'EK F~:IYEK ERO.,Iq & ENGN TO
4
1000') the maximum cl~rance above the Hagen propmy was approximately
~velve
The airlain ordin~mce also established pmcedu~s for surrounding property
owners to apply for building approval. Essentially, the ordinance ~qulred
developers to notify the Federal Aviation Administration (FAA) by filing a fedezal
fonu 7460-1 (notice of proposed construction). Under the ordinance. however,
developers ~ not requi~ed to notify the FAA if the proposed stmctwre would
be"shielded by existing structu~s of a permanent or substantial character or by
nat~al terrain or topographic features of equal or greater h~ight.....'
Det nations on the question of'shielding" ~s:re left to local building officials.
Developers proposi~g".unshielded proiects were-.requ~ed to obtain special.
exertions or,variances. The ordinance created an airport bo~xt of adlustment to
i
hear such applicationl. To a large ex,tcnt, the ordinance incorporated restrictions
already contained in FAA regulations applicable to property surrounding the
ht 1985, Hagen con?cted the Johnson County zoning administrator about
der.eloping his property. Advised that he would need airport approval, Hagen
then discussed his developmere plans with airport manager Manfred Zahr, Zahr
evld~Lly told Hagen that the utility lines and power poles between Hagen's
'property and the mms,~y did .or constitute shieldlng. Hagen nevertheless applied
for a building pem~it lo op~raie a mobile home and satellite dish ~ales buslni:ss.
Zahr then advised the zoni,g administrator that (I) Hagen's proposed
devel pment penetrated the approach slope to runway 6-24 and (2) the FAA
wuuld not consider the utllity line~ and poles shielding.
Later. after Hagen advised Zahr that the proposed structure would only be
seventeen feet hig,~ or less, Zahr again va'ote to the zoning administrator, this
!time concluding ~hat (I) the proposed development did not penetrate the
I
approach slope but (2) Hagen still needed to file a 7460.1 notice',viO1 the FAA.
Based on this advice, the county issued Hagen a building permit. Hagen also
submitted a 74~.I notice to the FA,~ He immediately began m sell mobile
home~ and satellite dish~ from his pXOlX~ty. ,
About a month later Zahr reconsidered his calculations and realized a
mistake h~:l been made. The correct emlodagon reduced the clearance of the
Hagen property from ~e~teen feet to only eight and one-half feet. Zahr then
sent. the zoning administrator a third memo, advising him to revoke Hagen's
permit. Zahr anticipated that the FAA would object to Hagen's dove.1. oprnent
beemuse it penetrated the approach slope. As predicted, Hagen received .~uch a
letlet frol~ the FAA in mid. July 1985. Hagen, howevex, never contacted the FAA
Th&reaf~r the zoning adminimator ~-woked Hagen $ building pertrot The
notice informed Ha~en that the permit had been origh~plly issued on the basis of
incorrect information. Hagen xva$ directed to remove the mobile homes and
satellite dishes from ~is property by. November 15, 1985. The notice also'
informed Hagen 'of his right to appeal the decision to the airport boaxd of
adjustment., Hagen neither appealed the decislon nor sought a variance. Instead
he continued to use his property to sell mobile homes and satellite dishes. If, Procedural l~a&grou;d.
On Februa'~ 26, 1986, the city petitioned the court to enjoin Hagen f4um
using his property in violation of the airport ordinance. Hagen answered and
c~ntmclalmed, alleging that the airport zoning ordinance amounted to a taking
of ~ property ,Mthout just compensation as well as a violation of his civil tights
entitling him? relief under 42 U.$.C. § 19lr3. The dry replied, denying Hagen's
allegations and arguing that Hagen had failed to exhaust his administrative
remedies. Hagen thereaf"ter amended his answer to include an inverse
~:~-~'-19!~6 16:52 FRO('I ~qYIE~ m-~q',/E~ BROt,.bl & ~ TO
6
~ond~anation daira In an amended reply, the dry rea$semd it~ argument that
Hagen's claim was not ripe for review because he had failed to exhaust his
lldministrative rerne6ies. The case was continued pending this court's derision in
1~tzgarrald v. City ~lona City, 492 N.W.2d 659 (Iowa 1992), ~ dented, _- U.S.
w, lie S. ct 2343, 124 H Ed. 2d253
Two years later, Hagen sued both the dry and county alleging the airport
ordinance constituted both a 'taking' of his property without )ust compen~tion
and a violation of l~is civil fights. He sought a declarator/}ud .~ent, attorney fees
under 42 U.S.C. '§ 1988, and 'an in]unction prohibiting enforcement of the
ordinance against hlm. Hagen also dabned that the height restrictions imposed ,
by the ordinance con~tutcd a ~ngatory taking for-which he was entitled to
compensatlo~ He asked for a writ of mandamus directing the dry and county to
institute eminent domain pr. oceedtngs for the condenmatton of his property.
The city responded 'to Hagen's new lawsuit by dismi~ng its former
in)unction a~tion without p~,]udice. The record reveals that the dismissal was
based, at least in part, on the airport manager's revi~l opinion that the utility
poles and llne~ surrounding Hagen's property did provide sufficient "shielding"
to permit a structure like Hagen's to exist under the zoning ordinance. This belief
stemmed from a field survey and further discussion with FAA officials. The city
so advised" ..... J f..,~h~, ;,~ltn,'rn~rl him nf his right to r~apply for a building
permlt Hagen never did so. The city meanwhile answeced Hagen's new lawsuit,
denying any "taking" or violation of Hagen's civil rights. Once again the city
asserted its claim that Hagen had failed to exhaust his administrative reined{es.
TO ~ P.~8
7
con~d~afon of ~e foBm~g t~: (1) ~ Hal's ~ ~ fi~ for
figh~ ~de 42 U.S.C. [ 1983.
~e d~ifl of t~ motion to ~8~ ~d~d ~e ~m'$ d~on ~e '~w of ~e
case.~ ~t~a~ely ~e ~ hdd fiat Hag~ w~ not ~ to ~mt ~s
On ~e '~gs' idMm, fie ~m cond~ed ~at ~e ~oa
deprived Hag~ of all economkflly ~dal ~ of his l~d. ~gly, ~e ~
held that the dty's a~ons r~ng ~e sMel~g qu~on ~ ~bi~ ~d
opfidom, th~eby depfi~ng Hagen of suMSfive due pCO~. ~s ap~ ~
· e dry ~d co~ty ~ollowed.
~ action to compel condemnation ~ ~y of m~ ~ ~l& in
·
equiW. Fi~ga~ald, 49~ N.W.2d at 663. Our mt~ on app~ ~s de novo. IL
Consfit~onfl ~u~ M~ at law ~ al~ ~ed de novo. Iota ~I ~ining ~,
S. Ct. 2415, 124 L. Ed. 2d 638 0993).
which involved issues largely duplicated in Hagen s secona smc ,
r~-2G~199G 1G:53
8
pr~t~ in ~e ~on.' Cl~ ~ v. ~u~ng, 353 N.W.2d 8~, 868
~ot ~ co~ ~ adjudim~ for p~ of appl~g
dis~ c~ h~d Hagen co~d pro~
a~~ ~edies, beca~ f~ adml~stm~ve r~ ~d ~ve
'~.' On ap~l defen~ts conrad ~e ~i~ a~ble to Hagen ~uld
li~on. Ril~ v. Baxa. 542 N W.2d 519, 521 (1o~ 1996);
' v. Colton, 3~8 N.W.2d 623, 626 (1o~ 1984), ~pfion to the ~a~on
~ui~m~t ~ ~ht~ only wh~ an ad~s~fvc remedy
purist ~uld be futile. AIbtdm.~R3' ~'. Cid, ~Ia~a Cid, 433 N.W.2d 693, 695
(1o~ 1988); Maven ,. C;i[~, ~A,~es, 219 N.W.2d 718, 719 ~Io~ 1974).
Hagen r~dily con~edts ~hat hr n~er ap~l~ ~c d~i~ of a hulling
~it to ~c zoning boa~ of adjmtment, nor app~cd for a v~cc. L~e,
he n~cr ~g~ the F~'s initial respome to
rc~ on ~e belief that the F~'s s~ rcla~vc to s~&d~g was ~.
16:54 FR~I ~ ~ ~ & EJ,~H TO ~ P.18
Morcov~ the court believed that Hag~ should ~ot b~ CXl:~cted to squatder his
time and re.sources while the authorities dgbated the mattea
The couit's ~son~ag on this polnt carmot b~ar ?~xutiny. The r~coid
reveals that other preg~ies withi~ the rimway approach zone v~re ~nted,
special exceptions once modttc~ttons were made consir~nt wlth height
rc~ctions and spedal lighting needs. Although Hagen relie~ heavlly on the
inability of one other landowncx, S~vl properties, to obtain the necessary
vaiance~ for development at the end of runway 6-14, ,~ note that such
development was 1~ ~'ore extensive than that p~oposed hy Hagen, lnv. olvtng a
convenience store, gasoline pu~nps, and a residential are~ llv~ if the proposals
. had been more ginilar, the bare asmtlon that an agency is predisposed to reach
a c~u/n cond~on does not thereby ~cuse the exhaustion r~ClUtX~nent- N~
f~_~_tllty exception is concerned ~ith the adequacy of the remedy, not a !x~¢elved
sposmon of the dedsionraake"
Other evidence in the rcconi le~ds us to conclude that the outcome at the
administratlw level may well have been different had Hagen ptu~ued his available
- different -,-,,hetty, the FAA advised Hagen's counsel that
"[u]nder no drcumslances would ~ve consider the pov~r line as acceptable
shOe!dins for other stoictufts." Upon inqulry by de/end'~nts, however, the FAA
clarified that its statement ~s one o[ "general applicab~ty' and "in ac/ual
practice. there a~ ~ceptions. as determincd by the facts of each ease.~ The letter
doscxt by s~ating the a§ency %~uld be happy to review any propoal or alteration
by any individual M~hing to develop property which requi~es [I:AA xmtlfication]
.... Each nodc~ is studied on a case-by-ca,~ basis.'
The United States Supreme Court ha~ h. eld that denial of permit approval
is not equivalent to denial oi a vaiance. Wt///a~mm C~ R~//~/Pl~mni~g
:~ P. 11
10
C~mm'n u. l-/~llto~ B~t, 473 U.S. 172, 188-90, 105 S. CL 3108, 3117-18, 87
L ~. 2d 126, 1~1 (1985). In ~e abse~ of proo~ ~t a l~d~ has
p~ued ~ s~tuto~y av~ble av~u~ for ~g zo~g d~o~, a
..... u~eate co~ to ~s~y
admt~sua~on md pdndpl~ of ag~ autonomy ~ s .
h~d.' 542 N.W.2d at 524. g~nt, In ~e red, may ~e ~e salu~
p~t of ~naOng co~ involu~t ~toge~er. II
....... u,~, gk r~to~ '~ng' claims
~out ~ ~quifing ~m to ~aust a~n~Ove ~e~, ~e ]ud~mt
~he ~s~ cou~ m~t ~ r~ed.
a p~te to ]u~dal dete~ination ofa t 19~ ~ta~e due p~ clam.
~, 470 N.W.2d at 39. We ~erefore briny addis appears' &atlcnge
the ~'s finding lhat ~he O~'s p~ui~ of tn]un~ve ~li~, d~ial of the p~t,
and subsequent rewrsal of position on shielding was so grbt~ and
~at h depdved Hagen o5 substantive due proce~.
~nlng d~slons 'msat n~ be arbltra~ and ~pddo~ so as to ~omt to
an ab~me of g~emmen~al poxswr.' Id. at 38. Howler, ~[a]n ordinance ts vflid
if it has any real, substantial relation to ~e pubic health, ~oa, sak~,
court m~ refrain from striking d~ a zo~g ordinance sol~y bem~e
adversely ~f~ a property inter~t or pmhlbits ~e most ~efid~ ~ of'
16:55 ~ }*~YE~ ~ ~ & ENG~ TO ~ P.12
11
The dimia court correctly stated the applicable test ~or a substantive due,
pro~ess violation.
of af~ · · ~tof~ab~e°f
~, 470 N.W.2d at 38 (qu~ni R~ z ~ ~, 7~ p.2d 796, 801
(11~ ck. 19~)). To ~& con~gon~ ma~tude, d~fi~on of
~tcz~ m~ ~ ~dc~ "for ~ ~pm~ toofive ad by
i ~g for the ~ d ~t ~at Ha~ h~ sho~ a dep~o~ d
~s ~o~ figh~, we find no support ~ ~e ~w~d for ~e s~nd prong d ~c
~ ~c d~ d~ly had ~ ~tional basis for ad~g ad ~o~g
d~'s ~on on shlclding was at all tim~ dieted by i~ ~dem~g o~
ba~ on
FOI,.7. }~Lhough lb:' dry ra.ised its beli~ in ~at
~nv~on ~ ~ or,rials. Hagen has Jailed to show ~at
were ~ken for ~ improper or pretrial raoul. Acco~, we r~
~ ~'s Ming as it pertains to Ha~en's ~ 1983 d~.
REVERSED.
TOTAL P. 12
memo
Date:
To:
From:
Re:
March 21, i996
Steve Atkins
Brad Neuman .~
Floyde Pelkey ~
Paint and household battery collection day
A paint and household battery collection day has been scheduled for June 1, 1996. The event
will be held at the Iowa City Transit facility on South Riverside Drive. Appointments will be
taken one week before the event. The event will be held from 9:00 a.m. to 12:00 noon and will
be limited to about 385 participants. Items collected at the event include oil and latex based
paints, and household (dry cell) batteries only.
A paint exchange will be held at the same location the following Saturday, June 8, from 9:00
a.m. to 12:00 noon. There will be no charge for paint
The events will be announced soon through a press release. Future advertising will be done
mainly through newspaper advertising throughout the county. Last spring's event served 280
homes. We anticipate about the same number of residents this year.
if you have any questions, please give me a call.
CC:
Jeff Davidson
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
March 26, 1996
City Manager
City Council
Planning and Zoning Commission
PCD/JCCOG ,
City GIS Committee
Dennis McKim, Dept, of Planning & Community Development~.~{~~
GIS Demonstration
Please note there is a demonstration of Geographic Information Systems (GIS) technology
scheduled for April $, 1996, 10:30 A.M. in the Council Chambers. Jeff Hansen of Carta Nova
Inc. will give the presentation. He will feature his work with various cities in their GIS endeavors,
including the City of Coralville.
I hope you can attend.
cc: Chuck Schmadeke
Don Yucuis
The Leadership Summit
A coming together of
elected officials to build
leadership skills for
energizing and
envisioning the body
politic, the world
economy, and the new
technology.
"It's all new again, because
the world is all new again."
-- How. rd Rhemgold
Editor.re.Chief
The Mdlennium Whole Earth Catalog
National League of Cities
Leadership Training Institute
1301 Pennsylvanm Avenue. NW. #550
Washington, DC 20004
TRAINING
INSTITLrFE~S
~i~} N,itionnJ Len~ue
Premiere Event
THE FOURTH
ANNUAL
LEADERSHIP
SUMMIT
August 22 - 24, 1996
Seattle, Washington
Leadership for
the Civil Society
A Special lietreat for
Elected Officials
A coming together. ....
To provide opportunities
to learn and converse
about the nature of
leadership in a changing
and evolving worgd.
Objectives
Through interactran wtth colle:q.naes and
subleer matter expert, participants will
increase thetr understanding of
collaNwanve leadership, commumtv and
the democrat izat~on of dec:s~on-maklng.
Key concepts used through the work of
the conference will be collaboration,
consensus. ciwhr¥, cmzcnship, leadership
and values,
Thursday. August 22
9:00 n.m - 4:30 p.m.
~' Friday, August 23
9:00 a.m, - 4:30 p.m.
~ Saturday, August 24
9:00 a.m. - 12 Noon
The Westin Hotel in downtown Seattle,
Washington
Vireo Should Attend:
The conference ~s designed for local
elected offminks concerned about their
leadership role in the reinventton and
retoolrag of American society.
Conference Hi§brights
The u~mterencc will I,rmg t.gether a nmnber o!
pubhc pohc¥ making, Jon~ authors Jeremy R~tn,
who ~vdl share their knowledge of current and
future trends mgovcm:mcc. Jnadditton, skdl-
bmkhn~ sexyions will offer elected offichd~ the
opporttmlty (t) cnh.mce their [c4dcrs}up skills.
The method of [earning ,s through experrance and
reflectrim l'.~rticip,mt~. will engage m smalbgroup
mtemct~ve skill.tmddmg se,~g.ms
Registration Fee
The fee i.', $495 for direct members and $545 for
dinner with keynote speaker on Thursday
cvcnmg. ;red luncheon with keynote speaker.
dinner :red off-site t,mr on Fnday.
Guest/Spouse Fee t¢ $90 per per,on and includes
Pk'&~e n,te that reg~str;mon is limited
TmveJ Accommodations
Travel One t~ the official travel coordinator for
the Nattonal League of Cities. Your flight
arrangements can be made through Travel One
at 1.800.800-9012, 8:00 a.m..6:30 p.m. EST.
The Westin 1totel is located at 1900 Fifth Avenue
]n Downtown Seattle. A block of r~xm~s h:~.s
been reserved for Summit partiopants. To receive
the block room rate of $128 single/double
occupancy contact the hotel dwectly at (206) 728-
1000. The cut-offdate for making hotel
resetvat,ohs ,s July 22. 1996. After that ,.late, tb.e
You am invited ........
To Register
$495 d,rect member
$545 m-direct/non-member
$90 guest/spouse
To find out if your city/town is an NLC
,nfiarm;~tion, please call the Membership
Hothne at (2o2) 626.3190.
Yon~a~t~ n~gl~hdllon a~d payment tm
National Lea~e of Cities [~titute
Attention: Education and Tmlning. Lead
IX). Box 85080
R~chmond, VA 23285-4048
Canc~llalion/~ll~-l]!lfiion Policy:
o Cancellation letters must be
postmarked by August 8, 1996
· All cancellations are subject to a
$25 cancellation fee
~' No telephone registrations or
cancellations will be accepted
Requests for substitutions must be
submitted in writing by August 8, 1996.
For additional Iraformation,
please ~ontact:
Anne OravesoNLCo{202) 626-3170
Fax (202) 626-3043
Dean ThornlLe'rry -contributed to City Council 3/29/96.
In privatizing its water supply, the U.S. lags behind
Europe, but this may change as evidence mounts
about the relative inefficiency of public water.
Socialized water
ByTimW. Ferguson
LiKE THE drip-drip-drip of a leaky Fau-
cet, the agencies that supply most
Americans with their water are an over-
looked but steady waste of precious
resources. The Reason Foundation has
just concluded a study in California that
finds average customera effectively pay
S 121 a year, or 22% more, if their water
system is a government monopoly
than they would if it were inves-
tor-owned.
Since water delivery is a $55
billion business in tile U.S. and
since 85% of the U.S. population
still gets its water from municipal
sources rather than from private
companies, this suggests that
American consumers are paying
billions of dollars annually to a
system of socialized waterworks.
Compare that with abroad.
Britain and France have turned
ownership or management of
water deliver)' and treatment
over to big private companies
like the U.K.'s $1.2 billion (rev-
enues) Thames Water Pie. and
Franco's $19 billion {inchiding
nonwarer businesses) Lyonnaise
des Eaux (FOPSEs, Sept. 12,
1994). The European water
companies, as well as major
American engineering concerns
like Bechtel Corp. and Fluor
Corp., arc thirsting for huge sys-
tem development opportunities
in Asia and South America.
But attention may be about to
shift. to the U.S.--and its im-
mense investment and business
possibilities. Ralph Stanley, so-
met vice president of United
Infrastructure, a joint venture of
Bechtel and Peter Kiewit Sons',
has championed infrastructure
privauzation since he was a
transportation official in the
Reagan Administration. He de-
tects something new in the water
sector: "For the first time in any of
these [public] asset classes, the may-
ors are now saying they'd like the
ability to privatize these assets."
One reason is that local govern-
ments are strapped for cash. Another
is that meeting the increasingly corn-
Public water actually cost more...
Mvestor-owne~
Total operabng revenues
S4,25
Property taxes
· $0
· C(~nectmn
.~ Local and
nc~n~ tat sul~dy :'
Total revenues
.f426
Govemment,,owned
Total operating revenues
$426
..*'--: I:)ropeety taxes
......,.~ S30
Connection fees
Local and
me tax subsidy
~Otal revenues
plax water pollution and purity, stan-
dards is beyond the capability of all
but the biggest of America's 34,461
local water and sewer districts.
Opposition looms from unionized
public employees and other coustitucn.
des that regard government as a haven
tbr good jobs, and, in the West, fiom a
yisceral bum over perceh,ed profiteertrig
m ~vater. That latter hurdle ~ evident
in the rejection of American Water
Works CO.'s attempted $300 million
takeover of the Santa Margarita Water
District in Orange County, Calif.. last
year. The plan was hooted down at a six-
hour public hearing. 'We posed a ques-
tion that, as it ~ out, is not ready to
be ans~vered yet," laments George
Johnstone, chief executive officer of
American Water Works, which, at S800
million in 1995 revenues, is the largest
private U.S. water company.
The concept tnat water should
belong to the people is rooted in
= the Progressive Era of the turn of
~the century.. The thinking was
,~ that clean water at cheap rates
g could be best achieved by build-
=mg water facilities with tax-ex-
empt debt. That-excuse the
pun-no longer holds water.
The Reason Foundation com-
pared ten public providers in the
San Francisco Bay area with a
sample of privately owned warer
companies throughout the state.
The survey found that the rates
were nearly identical (see chart).
This despite more than $60
lion in taxes and tax breaks for
the public agencies.
The Reason study tbund that
government-owned water com-
panies have ,3.49 employees per
1,000 connections, more than
rwice the level at private warer
companies. Salaries, too, are
much more generous at the pub
Itc agencies---over ,37% of oper-
ating revenues at the public sec-
tor companies, against 13.4% at
the pnvare ones.
The water bureaucrats have a
propensity for grandiosity. The
East Bay bluniopa] Ufil/n.' District
in Califbrnia, which serves 1.2
million customers, op~ned a
sumptuous $64 million headqtm-
tars months be)bre a disastrous fire
swept the parched OaJdand Hills in
its senace area. Near Santa Marga-
Real water cost f~ investor-owned and
govemmeM.ormed water companies
(pe~ connection).
. ..and here are some masons
(iovammeM-ownod
Total operating expenses
pet COnnection
$330
Employees per 1.000
connechons
3.49
. Salaries as percent
: of operabng ;evehue
!.:' 37,13%
hMaintenance as pe,'cent
':. of operating revenue
9,~% ~
Selected operating data for Investor.owned and
govomment.owead water companies.
ammm
Forbes · March l l, 1996
LS THE ROADS~
CI FY."
The Akasaka Prir
get you anywhere
1-800-.542-8686 for
ovides a Map Companion Guide to
, go in Tokyo. And bark again. Call
nons. AJ~.~PR~CE HOq'EL
A Co erv ve Approach
To 'Fo eigl I --ting
r Ryes
T. Rowe Price ,-lobal Stock Full, the newest and most con-
servative of oe 'foreign equity fun~s, offers a good way to add
international xposure tca portfol~.
Because of,~ts gloN m'ategy, you'l 9e able to participate in
some of th,e~/:nost prom'sing investme t opportunities at home
and abroa~ And, since t, e fund invest.~primanlv in estab-
lished con' panies across e wide range o~.ndustri~, it offers a
relatively.~ow-risk approach to foreign in"'.sting.
lntenmtional investing has special risks, ~duding currency
fluctua ons. As with any stock fund, there v. I also be price
fluctm~ion. Minimum investment is $2,500 ( 1.000 for IRAs).
100°/~no load.
('all 24 hours for a free report and ~ospectus
1-800-541-7871
dta, mcanwlnlc, is the rich hx~nc Ranch
Water District. It gains income off a
:5360 million reserve and replacement
fired, in addition to its investment in a
large apatm~ent complex and a stake in
two housing subdivisions.
Granted, the public suppliers have a
built-in advantage: They can raise
capital on ~x-free bonds. But Walter
Winrow, who was responsible for wa-
ter investments at G~ Capital and is
now at the Stamford, Conn.-based
development firm Poseidon Re-
sources, maintains that the cost-off
capital disadvantage is diminishing as
interest rates stay low.
"l~or the first fire% mayors
are saying they'd like the
abtllt7 to prlva~."
In fact, the debt edge for public
agencies is bogus when lost tax rev-
enue is figured in, the Reason study
finds. The true cost of capital per
connection in its samplc was $67
for investor-owned water, versus
$92 for government water.
The current setup defies market ratio-
nalizing. v~r~thout effective pricing, sup-
ply and demand get out of whack.
Chipmakers in Silicon Valley faced arbi-
trary cutbacks during the last drought,
and this helped inspirc corporate titans
at the California Business Roundtable to
order a report (due soon ) on privatizing
and perhaps consolidating the state's
mishmash of water authonfes. This, as
bigwigs at the Federal Re,eryc Bank of
San Francisco are poring over the
son st'ady.
A few battles are already being won.
American Water Work5 got vote~ in
Monmouth County., N.J. to agree last
November to sell a S35 million system.
A $42 million deal for the Wheelabra-
tor unit ofwux Technologies Inc. to
handle the ¥Vilmington, Del. wastewa-
ter plant awaits a city-county agree-
ment. The city. of Indianapolis blazed
' this traii with its own pact in 1993.
Support for pfivatization is begin-
ning to come from sources some
m,ght not expect. Thomas Graff, direc-
tor of the Environmental Detimse
Fund's office in Oak/and, Calif., makes
this complaint: "Water is one of the last
areas in whch unaccountable public
agencies sit asmde the domain."
Forbes ~March 11, 1996
Council on Disa_bj l_ity Rights and Education
5.
6.
7.
8.
9.
MEETING AGENDA
APRIL 2, 1996 - 10:00 A.M.
CITY COUNCIL CHAIVIBERS
CIVIC CENTER - 410 E. WASHINGTON ST.
IOWA CITY, IA 52240
Introductions
Approval of Minutes
Subcommittees/Reports
a. Housing
b. Transportation
c. Public Accommodations
Public Relations
Election of Board of Directors
Set Meeting for Election of Officers
Other Reports
Other Business
Next Meeting Agenda - May 7, 1996
Adjourn
CC:
Iowa City City Council
Johnson County Board of Supervisors
The Council on Disability Bights and Education (CDRE) is a non-profit educational
organization dedicated to accessibility, full participation and inclusion of persons with
disabilities.
Our mission is to act as a comprehensive, community-wide educational resource for
promoting disability awareness, to provide technical assistance and to encourage
compliance with disability civil rights legislation.
Our goal is the attainment of community-wide accessibility and the full participation of
persons with disabilities to all facilities and services within our community.
Council on Disability Rights
and Education
MEETING MINUTES
MARCH 5, 1996
CIVIC CENTER, CITY COUNCIL CHAMBERS
Present:
Mace Braverman, Lon Moeller, Doris Jean Sheriff, Da!e Helling, Len Santiler, Jennifer
Bronson, Linda Carter, Nancy Ostrognai, John Harshfield, Keith Ruff, Tim Clancy
Chairperson Braverman called the meeting to order. Those in attendance introduced themselves. Minutes
of the meeting February 6, 1996, were approved as presented.
COMMITTEE REPORTS:
Housing: Nancy Ostrognai advised that the Committee will be sending out a letter to the owners of
rental units, encouraging them to participate in the voluntary accessibility assessment program. The
letter will attempt to "soft" sell the program and e return postcard will be included with each letter.
Mace Braverman suggested that such letters also be sent to property managers.
Transportation: Linda Carter advised that the paretransit service is attempting to create a 15-minute
window of arrival. They will be using computers to schedule drivers in an attempt to narrow down
arrival times to meet the timeframes. Tim Clancy reported that the audiotaped fixed route schedule
needs further refinement to include the times of arrival at each designated stop. He also indicated
that Yellow Cab is under new ownership and the new owners will be at the next Transportation
Committee meeting, Helling advised that the City Council has scheduled a work session for 9:00
a.m. on March 27 to discuss nighttime and Saturday transit service.
Public Accommodations: Keith Ruff advised that the brochure should be completed by the end of
April. Committee representatives will be revisiting some establishments to update the information
for the brochure. This is because some businesses previously inspected have made changes or
incorporated new features. The booklet will be constructed so as to allow for additions or deletions
in the future.
Public Relations: Helling advised that the Committee will be scheduling a meeting for some time in
March. Mace Braverman passed out copies of a letter sent to the Department of Justice opposing
extension of the deadline for constructing ramped sidewalks. Harshheld explained specifics of the
letter, which was based on a letter sent by the Johnson County Coalition for Persons with
Disabilities.
PRESENTATION OF NOMINEES FOR BOARD OF DIRECTORS:
It was agreed that the meeting of April 2, 1996, would be the Annual Meeting for the purpose of electing
board members. A list of nominees prepared by the Nomination Committee was d~stributed. Helling
requested that further nominations be submitted by March 18 either to him or to Kevin Burr at the Conner
Center. Ballots wdl be mailed on March 19 and can be completed and sent to Helling or to the Conner
Center prior to April 2, or can be brought to the April 2 meeting. The ballots wdl be tallied during the
meeting on Aprd 2.
Orville Townsend complimented the authors of the letter to the Department of Justice for their insight and
thoroughness.
Meeting adjourned.
To: ]O~ CIl'f CLERK
F~em ~o hogarty
3-27~§ 8s454m p. 2 oF 4
Johmon Count'
BOARD OF SUPERVISORS
Don Sehr, Chairperson
Joe Bolkcom
Charles D. Duffy
Stephen P. Lacina
Sally Stutsman
March 28, 1996
FORMAL MEETING
1. Call to order 9:00 a.m.
2. Action re: claims
3.
Agenda
t
Action re: formal minutes of March 5th and March 2lst.
4. Action re: payrol~ author'~ations
5. Action re: Johnson County Services Management Plan for persons with
Mental Illness, Mental Retardation, and Developmental Disabilities.
Business from the Cfunty Auditor.
a) Action re:
Action re:
Action re:
FY 96.
d) Action re:
e) Action re:
Other
reports
resolution ~ppmpfiating amounts for the fourth quarter of
resolution amending the FY 96 budget.
resolution changing departmental appropriations.
7. Business from the County Aflomey.
a) Discussion/action re: lamendment to Williams Pipe Line Company
easement on comity prol~erty in Union Township.
b) Report re: other itemst
913 ~OIJTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 522~-1350 TEL: (319) 356-61X10 FAX: (319) 3564086
To: I0~ C~ CLERK
Agenda 3-28-96
Page 2
8. Business from the Board of Supervisors.
a) Action re: authorizing Chairperson to sign 1997 Secondary R~ads
budget to be forwarded t,o the Iowa Department of Transportation. ~"~
b) Action re: antholding Chairperson to sign Johnson County 1997-2001
Five-Year Construction Program.
c) Action re: authorizing the Secondary Roads D~partment to offer the
annual Dust Alleviation Program to county residents.
d) Action re: authorizing Secondary Roads Depar~nent to place Falcon
Avenue in the "experimental calcium program", rework 420th Street
that is already within the experimental calcium program and retreat all
other roads that are within the program.
e) Action re: authorizing County Engineer to prepare letting documents
for the county oil contract and set letting date of May 6, 1996 at 9:30
a.m.
f) Action re: authorizing Chairperson to sign right-of-way contracts with
the following persons:
1. 1/2 interest to E. Feme Yoder and 1/2 to trust under the will of
Wesley Yoder for ~,977.70. Project 8TP-S-52(31) located on the
IWV Road.
2. Mark and Kathryn Rohret for $1,480.30. Project 8TP-S-52(31)
located on the IWV Road.
3. Authorize County Engineer to initiate condemnation proceedings
for Emery and Aucrey Hochstetler. Project 8TP-S-52(31) located
on the IWV Road. ~
g) Action re: reject co~ter offer of John and Vi~ean Cellman and
authorize County Engineer to resubmit the original offer as the final
offer. Project STP-8-52(31) located on the IWV Road.
h) Action re: setting May 6, 1996 at 10:00 a.m. as letting date for
Johnson County Projects L-U-35-2 and L-D-I 3-3.
i) Discussion/action re: Proclamation for National Public Health Week for
April 1-7, 1996. ]
j) Discussion/action re: a~nendment to 28E Agreement with East Central
Iowa Employment ancl Training Consortium and Private Industry
Council for Quality Jobs Community Development Block Grant. (Iowa
County will be the county responsible for the general administration and
implementation of the Q~ality Jobs contract.)
k) Other
hagarty
3-Z7-9~ 8:45Ae p. 4 of' 4
Agenda 3-2§-96
Page 3
9. Adjourn to informal meeting.
a) Discussion re: County Engineer position.
b) Inquiries and repvrts from the public.
Reports and inquiries from the members of the Board of Supervisors.
d) Report from the'County Attorney.
e) Other
10. Adjournment.
Governing
w th
Co¥ denc
A Model For Effective Trustee Boards
November, 1994
Dear Colleague
Is your Board of Trustees as effsc~ve as you would like it to be?
Please reply
Mrs Helen Watson
Co~renceO~ce .
m: on. o
........ ~,~ ·
Dr John Carver offers a new approach to governing charities which he has developed
over more than 20 years working wt~ charities of all sorts and sizes In the United
b~tates and Canada. .........
He believes that the role of Trustees Is to lead their charNee; to keep their alms and "
objectives clearly In sight; to guard the corn valuas and guiding principles; and to add
value to the organizations they serve.
'John Catvet l# the only management g~nsultant !'ve ever heard who speaks English
and not/argon, and the only le~fer on management !~ues who can mainfain the
Irdere~t, tlom morning to nlg~ of people who do not have to listen to him'.
This anthuslagitc testimonial from David Wyatt, International Advisor, British Red
Cross, prompted the thought that Trustees of charNes in the UK would also like to
hear his views - tailored, of course, to the UK scene - and so ACENVO, British Red
Cross, Charity Appointments and the Charity Commission 17ave joined together to
arrange a Seminar for Chairs, Trustees and Chief Executives of charities, on
Wednesday, 18 January 1995 at the Royal Geographical Society.
Thanks to generous support ~om 8rNsh /titways we are able to offer what other
participants have found to be a most ~mulatlng seminar at a very modest price, with
reductions for the third and furor delegates.
We do hope you will join us for what promises to be a chaiienging and enjoyable day.
Yours sincerely
Marlon L Lows
Chair
ACENVO
Sir Colin Marshall
Chairman
8rilfsh Airways
Michael R. Whitlam
Director General
Br~lsh Red Cross
Janet Cummins
General Manager
Charity Appointments
Richard J. Fries
Chief Charity Commissioner
The Charity Commission
Spomo.~ ACENVO. BRH~H AIRW, AYS, 8!UTISH RF.D CIIO~, CHARITY/O~FOINTMIhNq~. TH~ CHARITY COMML~ON
Selected Comments
mayor. l find pohcy governance very
rewarding. It enables us to deal with
citizerts in a much morepositive fashion."
Lonnie Stabler
Mayor
"The Carver governance process ts a
whale new wa~ of doing business in the
city. It doesnt mean we have fewer
problems, but it does mean we have o
process of dealing with important issues
that use~ the best talent~ of tl~e council
and stabfrond is fueled by active
participation of cittzens in the
governance of their city..
Kandy Rose
Councilmember
"Carver~ model provides a framework
that truly enhances the council/manager
relationship, empowering both the
elected official and the staff."
Mike Conduff
City Manager
'fmplementotion of t[*e counctlW nev;
governance policy haz been very
rewarding. Use of a governance polic~
fashioned offer Carver's model Itel. as the
council appointees learn to focus on a
biggerpicture and play a role in assisting
council achieve end* that will make
Bryan on even better place to live. ~
Mary Lynne Galloway, TRMC
City Secretary
City of Bryan
P.O· Box 1000
Bryan. TX 77805
(409) 361-3601
Fax: (409) 361-3702
City of
Bryan, Texas
Carver Policy
Governance
Bryan'$ Mission:
To Foster ~t
Healthy, Safe, Attractive and
Successful Community for a
Reasonable Tax Burden
Why Policy Governance?
In May 1995 the city council of the City of
dBryan, Texas, embraced a new and fundamentally
fiferent approach to governing by adopting the John
Carver Policy Governance. Councilmember~
challenged each other to develop. adopt. and
implement a policy to guide the City into the 21st
Century. The council's initiative was to examine-the
big picture; that is, develop goals for the City slaff,
and not be concerned with day-to-day operations of
government
Thc model presented by governance pioneer
John Carver matched the Bryan city council's
philosophy. Carver says. 'Most of wbet the major/ty
of boards [councils] do either does not need to be done
or is a waste of time when done by the hoard
[council]." Carver also quotes Robert Gale who said,
'One of the key problems with boards is that many
boards are either too weak to accomplish anything or
so strong they wind up managing the orgamzation.'
In accordance with Carver Policy Governance
the Bryan city council has determined that its
governance policy will be consistent with Carver
governance; therefore, it will approach its task with
a style that emphasizes:
· Outward vision rather than an intcmal
pmocoupation
· Encouragement of diversity in viewpoints
~' Slratcgic leadership more than administrative
detail
· Clear distinction of council and staff roles
· Collective rasher than individual decisions
· Future rather than past or present
· Proactivity rather than reactivity
About Carver Policy
Governance
Change dcos not happen ov~nigh~. The Carver
Poli~ Gov~ p~s t~ from ~v~
mon~s to a yc~ or long~ to ~mplctc, d~dmg
~ ~c ~cil's commitcut, s~li~, ~d ~11m~
~ ~pt ch~gc. ~cn ~mpl~. ~c ~licy or
pl~ will Mvc fo~ (4) ~tcgofics: ends, ~ccufivc
~fions, ~cil~uUvc ~laho~ip, ~d
~ ~. Cities ~at ~vc o~ ap~int~
cl~, ~11 have a~i~onal ~fions.
Ends
~? To ~bli~ ~ ~d, ~: ~t gco~ for which
~ople, at w~t cost? ~ ~at~ ~lenge for
~cfl is to ~ ~n~m~ wi~ ~ me~ to
~mpli~ ~e ~. A ~cil's only ~tc~t in
m~ ~o~d be ~at ~ be e~five, ~d~t,
Ex~utlve Llmi~tlon~
~c m~cil macB limi~fions u~n ~e chief
~u~vc office. Tbe~ p~ciplcs of p~enco ~d
~ I~it ~ ~oi~ of ~f m~. The ci~
m~ag~ h~ what~ ~wer ~ ~cil d~ not
· ~ 'mop ~ we ~y
Council-Executive Relationship
~e m~cil roleres offici~ly to ~o~y ~u~
ciB, m~ag~. ~nv~ly, ~e ci~ m~ag~ is
acm~tublc for ~e en~ org~dom ~e ci~
m~ag~ is ~table only to ~e ~cfl, not to a
~gle ~ci~em~ nor ~cfl c~itte~.
Wi~ ~ misticCp. ~m ~cfl
~ouncll
~d~ ~tcgic l~d~p to ~c
~o~' ra~ ~ I~ om~p ~ ~
on which a ~cil d~ im ~omtshili~.'
vdu~ held ~ im ci~s ~d ~en ~t
· o~ v~lucs.
The New Agenda Format
Carver Policy Governance is a long-term
process, from accepbmce to adoption, from
[mple'mentation to the fruition of the ends. Many
ends or goals a council adopts may take years to fully
accomplish.
Once the council adopts a new policy, other
changes take place. The most notable change occurs
at council meetings. Under Policy Governance, the
council's agenda and discussions take an entirely
different and enlightunin g form. Cities, including the
City of Bryan, use an uganda format with five (5)
distinct categories. The new format allows a council
to devote time to the big picture by spending time to
establish ends statements. That rs, wh~t 8cod, for
a'hich people, at what co~t?
The Bryan agenda includes the following
categod~:
Consent (Automatic Approval) Agenda
This agenda section consists of mirdstcrial or
'house. keeping" items required by law (i.e., second
readings of ordinances, executive prerogatives).
Items may be removed from the consent agenda by
a majority vote of the council.
Statutory Agenda
This agenda section consists of items ixeviously
approved by council action such as adoption of items
that are part of an approved budget or capital
improvement project, f'mst readings of ordinances, or
action required by law or delegated to the city
manager. Items may be removed from the statutory
agenda at the request of two councilmemb{a's.
Regular Agenda
This section consists of items requiring individual
considea'orion by the council; for exm'nplc, discu.s~on
of appointment of individuals to boards or
commit/.~.
Governance Agenda
This portion is utilizext to address "ends" statements
or goals the council has identified as important to the
quality of life in the city.
Executive Session
This section is reserved for items requirin8 special
attention, such as l~_nding litigation, property
acquisition. and personnel review.
Governance Agenda
With the new agenda format, council spends the
majority of its time csteblishing ends or goals. Five
(5) me~tings are needed to develop ends statements
or goals. which address a specific topic. The council
can spend more or less time on any topic. During
the process: staff assists council and the vital
ingredient ~s community involvement The
following details the events that transpire in adopting
ends:
O Philosophy- I=nvlronmental Scan: Staff
provides a backgIound paper on the selected topic
and invited "exI:~rts" make presentations. This stage
is the Icarrfing process for the council as they hear
what other cities are doing and lesm from experts
about what the city could be doing.
~ Partnership Discussion & Public
Comment: The council hears from appropriate
partners within the com.munity. Tbe second meeting
allows time for public comment on the topic. While
the public is always invited and cncourased to attend
and participetc. reserving time for citizens' comments
further encourages participation.
~) Courtell Dialogue and Draft Consensus:
Previously council heard from experts, partucrs,
citiz. c=s, now councilmembers begin traitins
consensus with ends statements as the goal. During
this time, council addresses: F/hot good, for which
p¢opl*, ot what cost?
O Review Documentation and Draft Ends
'Statements: Upon reachin8 consensus, staff
prepares drea"~ cuds statements, which the council
amends and adapts during the fourth council
meeting. During the dialogue, council renews
previous discussions and forrealizes their final ends
statesilents. Council is careful not to become
involved in m~'~q during this stage.
~ Adoption of Ends Statements: Staff
prepares the council's end statements and presents
them at the fifth council meeting. Nccesslu'y changes
a,m made and then the council adopts their ends
statements. At this smmc menting, the Ixoccs~ begins
again. This meeting is the f'ttth meeting for one topic
and the first meeting for another.
tJovernmgum . .
Confidence
Date/Time
Wednesday lSthJanuary 1995. 0930-1700
Registration and Coffee 08154)915
Location
Royal Geographical Sodcry
Kensington Gore, London SW7 2AR
Cosi~
Fzrst and second delegate from an organisation £ 55.00
each. Third person ~om the orgaxdsation £45.00.
Subsequendy for every two applicants paying£55.00 per
head, a third person will receive £ 1 (~00 d/scount t~45.00)
Feesindudeall Seminar materials, handouts, lunch. tea
and coffee,
~arion
Registration is 'hmited and is available on a first come first
served b~
Registration fees carmot be rammed, however
subCdmtiomare welcome.
Clos/ng date
Ck~ing date for regisXr~on: Fdday 30th December, 1994
All Regis~agons and Fees will be acknowledged with a
Seminar Entrance 'Hcket. Travel details will also be
include&
About John Carver
., John Carverisan
· internationally recognised
· ' '" ~ .' expert ontherolesand
' ..';,' responsibilitiesof
· . ~. . !~ ~ govemmgboardsinthenot
i'.' ..':'." , l~"' "' forprofitandpublic
.~ ..' .'.- sectomOvertheyears, he
[ -' has built up an extensive
: , ... ~ graspof the Board process
; ' ' ' · .." ,. backed up by practical
experiencein the field of governance. In 1990 he
published what has become the seminal work in this area:
'Boards That Make a Difference:. A new design f~r
Leadership in Nonprofit and Public Ovganisations'.
Dr Carver has worked with government, charity and not
for profit organi~fions throughout the world and is the
world's mo~ published author on the topic of
governance.
"John Carver is the only management
consultant I've ever heard who speaks
English and ,not jargon, and the only
lecturer on management issues who can
maintain the interexc from morning to
night of people who do not have to listen
to him':
[:)avid M~att, International Adviser, British Red Cro~
Governing
with
Confidence
A Model For Effective
Trustee Boards
John Carver Ph.D.
JANUARY 18th 1995 LONDON
~pomsored by, ACENVO · BRITISH AtR'~AYS ,BRIT~H RED CRO:
C7A-IARrI'Y A. PPOIbrI-MI~'qT~ .TILE C}-IARrrY COMMISSION
Creating a New
Standard of Excellence
John Carver isa management theorlst, author and
consukam ongovemance. He is also an internationally
recognised expert on the rolgs and responsibilities of
Trustee Boardsin the not for protlt and public sectore
Dr Carver'sground-breaking model of'Trustee
Managemen: callsfi~r nothing less than a'revolut~on in
the boardroom'. Over the past 20 years, John Carver has
observed that even the mosx talented and caring Trustee
Boards failin their duty to lead.
T~ais ~ailu re comes noz from the people involved, but
from the process, Traditional board st rucrures weigh
down volunteers with trivial, short .term corroderations
andl:llow Tru~ee/Execu6ve roles to become vague and
uncl:ar.
Dr Carver's focus is on true leadership. His
presentation will show how tru~ee boards can soyera
with clarity and vision. John Carver's comprehensive
approach to trustee/staff relations, policy development,
account~bility. evalus~ion and monitoring will help
develop the way you look at Trusteeship.
Who shouM attend?
Those who serve m leadership roles as either a trustee or
staff'm the voluntary and charity sectore
For maximum benedlt, we recommend that organisatior~
send a team representing key teaders ~rom the Board and
hard of b~aring Toilets for dLs~bled people are availabl~
Conference
will:
make a fundamental change in
how you see the t rustee's role
show how Trustees can create
policies to achieve the aims of
their organlsation
enable Trustees to get to the
real business of.. making policy,
expressingthe purpose of the
ChadW. sustaining its vision,
overseeing its implementation
demonstrate how Governing
Bodies can keep their
focus on the goalsof the
organisa~on, prescribing
ends and overseeing their
implementation while
delegatlng the means to the staff
· provide gnidance on working
with managers
Registration Form
Organisa~on:
Post code:
Bu.~ hess Tel:
Fax No.
Name:
Name:
Name
T~tl~
Total numar
~ount due
VAT~
£55.00 plus VAT each
£45 OOplus VAT
Please makechequespayabletc~ British Red C. mss (John C. ar~r)
a~d~ with comple~x~l regist~tion form t~ Mrs Helen Watson.
B 'rcdsh Red Crc~ National H~lq.,~ 9 Gmmamor Cax-scent
LondonSW 1X 7F~
Regi~ralaon i~ not complete un]e~l payment is ~ffn<~
Installing an Advanced Capability for
CITY COUNCIl. LEADERSI-~/GOVERNANCE
Policy GovernanceTM is an advanced approach to leadership by any governing body, including
city councils. This model ofgovernanca is the most powerful available to enable visionary leadership
by the council, agile and empowered management by the city manager, and greater citizen control
over and benefits from their government. So great a breakthrough is not attainable by making small
adjustments in traditional city council processes. It can be achieved only through a major shift in the
paradigm ourrently used. It involves an expenditure of money, time, and effort. Because it produces
a substantial increase in the capability to govern, expenditures for it constitute a capital investment
in better governmere rather than a carrent training expense. The sequence of actions leading to these
gains are often tailored for a specific council, but ordinarily would take the following pmh:
Day One:
A seminar for the city council members, mayor, city manager, and other top staff.. It is critical
that all council members attend. Including other boards and commissions in a community for this one
day seminar is recommended. Ihe purpose of this day is for attendees to get a totally new view of
governance than that with which they are familiar.
Day Two: A workshop for the city council, mayor, city manager, and top staff as appropriate. This
day is a continuation of Day One, but with specific emphasis on the peculiar governance issues faced
by city councils (such as relating to boards and commissions, dealing with public input, etc.). It is not
recommended that other boards be invited to this day.
Day Three: A working session in which the council is guided through creation of an emirely new set
of governing documents as they appear under the new Policy Governance model. This is a hard
working day in which actual documents are dralted (not adopted) by the council. City manager and
top staff are invited.
Day Four:A continuation of the Day Three working session, though this session gets imo the exciting
field of "ends" development. In this latter session, the city council learns how setting goals and
making long range plans for the city can be done in a far more powerful way than is ordinarily
understood. This day integrates what has already been learned with the challenging tasks of vision-
setting and council self-discipline.
Further Days are available as added insurance against losing the substantial gains already made. The
approximate cost is between $25,400 and $28,800 (plus travel costs for two). For exact figures,
contact Ivan Benson, John Carver's Executive Assistant, at this office.
JOHN CARVER
· Widely regarded as the world's "most provocative authority" on boards.
· Internationally known as creator of the breakthrough in board leadership called
the Policy GovernanceTM roodel.
· The world's most published thinker on boards--almost 100 articles on
management and governance.
· Author of the best selling book in Jossey-Bass Publisher's extensive Nonprofit
and Public Administration series: Boards That Make a Difference.
· Called the "new guru of the nonprofits" by Canada's Books for Business.
John Carver's Policy GovernanceTM model is an empowering and fundamental redesign of
how boards should spend their time, what they should worry about and create policies on, and how
they should delegate to and monitor performance of staff It represents a radical depmure from both
the rubber stamp and the trivia-beset board processes we know so well. His message is not that
boards should strive toward the widely accepted ideal in board process and structure. His message is
that the tradition-blessed. prevalently acclaimed ideal itself is flawed.
John Carver challenges and reinterprets so much of the prevailing wisdom about boards as to
introduce a complete revolution in the accepted board process: a powerful, new technology of
governance. His approach gives fresh meaning not only to management accountability, but to
management empowerment as well. The new model enables boards to shed their trivia, control
without meddling, keep their focus on long term outcomes, and--while remaining apart from the
exercise of management--to lead.
In addition to his best-selling 1990 book, along with his wife, Miriam Mayhew Carver, he
co-authored a 1994 book, A New Vision of Board Leadership: Governing the Community College.
His writings range across a wide variety of publications, including the London Times, Trustee,
Solicitors' Journal, Economic Development Review, Practice of Ministry in Canada, Association,
Chronicle of Philanthropy, as well as his own hi-monthly, Board Leadership, published and
distributed by Jossey-Bass. He and his wife are currently under contract for another book,
tentatively titled ReJnventing the Corporate Board, a radical overhaul of accountability and
authority in business corporations.
John Carver has 15 years experience as CEO of several public service organizations, a trade
association, and 18 years of consulting with clients ranging from very small to over US$25 billion in
assets. While most of his work has been in the United States and Canada, he has done limited
consulting in Africa, Asia, Europe, Australia and South America.
He holds B.S. and M.Ed. degrees from the University of Tennessee in business/economics
and education, and Ph.D. from Emory University (Atlanta) in psychology. John grew up in
Tennessee and served as a young man in the US Air Fome. Since mid-1995, he and his wife, Miriam,
live in Atlanta, engaged in independent governance consulting careers.
John Carver's American, Canadian, and overseas business is conducted as Carver Governance Design, Inc., P O Box
13007, Atlanta, Georgia 30324-0007; phone 404.728.9444; fax 404-728-0060; eraall POLGOV~OL. COM
SERVICES AND CHARGES
John Carver, Ph.D.
All Seminars, workshops and consultations focus on the board's governance
~s~nsibilities and the relationship of the board to its public, its chazrperson
and committees, and the chief executive office. John Carver, creator of the
Policy Governance model, resides in Atlanta, Georgia. He is the Pr~sidant of
Carver C-o~emane, e Design, Inc., P.O. Box 13007, Atlanta, GA 30324-0007.
Seminat's Presentations of John Carver's Policy Governance model to groups of any size and any
composition: Groups can be mixed (e.g., community-wide gatherings of various organizations) or
homogeneous (e.g., a conference of boards of hospitals, pension funds, or insurance companies).
Groups can be profit, nonprofit, or governmental and may include management as well as board
members. Optimal length is one to two days.
Workshops Guided development for implementation: Groups can be a single board or similar
groupings (e.g., groups of all CEOs, all board chairpersons, all consultants). Optimal length is a full
day or other pedod as appropriate. Participants should have read Boards That Make a D~ference
(by John Carver; Jossey-Bass, 1990) for maximum effect.
Consultations Organization-specific assistance and coaching: These can be for CEOs, for
chairpersons, for whole boards, or for consultants on-site, by mail or by phone.
~' .-: ?..~T.~S. US[A. $~S?/~!0.0 :l~er dty, $~,~00 per day fo~ adjace~tt.
EXPENSES Travel costs for two persons (tint m' business class
WORLDWIDE FEES .M~E EQUATED TOTHE US. DOLLAR AMOL%~r
TF~ CALENDAR IS CROWDED MONTHS 1N ADV,'~t~CE, SO EARLY SCHEDULING IS RECOb, ff~IEN'DED FEES AND EXPENSE SPECS ARE
EFFECTIVE II.~OLIGH FEBRUARY 1996. CALL 404-728-9444, FA.X 404-728-0060. ot EMAIL polgos~aol corn TO INQUIRE, OR SCHEDULE.
OR OBTAIN A COMPLIMENTARY LIST OF PUBLICATIONS ..~'D ELEGTRONIC ,MATERIALS
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 5, 1996
City Council
City Manager
Material in Information Packet
Memoranda from Council Member Baker: -
a. Upcoming Sales Tax Discussion
b. Change in State Election Laws
Copies of memoranda from City Engineer to City Manager:
a. Pine Street Pedestrian Tunnel Project ]~7
b. Melrose Avenue West - Compliance with Sensitive Areas Ordinance IA~
Memoranda from City Clerk:
a. Council Work Session of March 25, 1996
b. Council Work Session of March 27, 1996
c. Census
Memoranda from City Attorney:
a. Application to Provide Mediation Services
b. Partial Litigation Update
Copies of memoranda from Director of Planning & Community Development
to City Manager:
a. Communications with Iowa City Community School District
b. Impact Fees for Schools
Memorandum from Executive'Director, JCCOG, regarding proposed extension
of Highway 965; alternative alignment issue.
Agenda forthe April 2 1996, informal meeting of the Johnson County Board
of Supervisors.
Memo from City Mgr. regarding Wastewater Construction Project Schedule
- Miscellaneous.
Memo from City Mgr. regarding Uniform & Towel Service Contract Renewal,
Copy of School Budget Summary.
Copy of City Mgr, letter to Edna Englert regarding her contribution
to City sponsored programs for our younger citizens.
Information Packet'
April 5, 1996
page 2
Copy of Article from Reflections, regarding te Design Review Commission.
Agenda for the 4/9/96 Board of Supervisors meeting.
Memo from City Mgr. regarding St. Patrick's Negotiations.
Copy of Press Release regarding St. Patrick's parking lot & parish hall.
3/31/96
To: City Council
From: Larry Baker
Re:
Upcoming Sales Tax Discussion
As we begin serious discussion about a Sales Tax ballot question, I
would like to add some more thoughts to those memos I forwarded to
you earlier.
First, let me urge us to consider this as an opportunity to look at
this source of revenue in the context of the overall budget, not
just a single area. In particular, several councilmembers have
expressed an interest in using 100% of the sales tax for water and
sewer rate relief. While there is some political sense to that
approach, it ignores long-term financial problems. In the final
analysis, water and sewer costs already have a gauranteed source of
revenue that is not constricted by federal funding or state tax
policies. Even without a sales tax, water and sewer can be paid
for by users.
In the future, state tax reform could have a significant impact on
our local budget decisions. Revenue from a sales tax to bolster
current local programs will provide us with an important financial
cushion. If we restrict ourselves to water/sewer relief, we will
have ~tied our hands" and made future budgets much less able to
sustain the quality of life we have funded in the past.
I suspect that all seven of us will not totally and
enthusiastically agree on every part of a multi-purpose package of
sales tax designations. In the past I have made various suggestions
about how sales tax revenue could be allocated. Those were a
starting point. I am sure we all have some areas we want to
emphasize more than others. The challenge b~fore us is to have an
everwhelming majority, if not all, of the Council embrace some
proposal that we believe the public should support. A 4-3, or even
5-2, split Council will not generate the public trust necessary for
the sales tax to pass. As for myself, I am prepared to compromise
on many of the details, but I eventually want to support the final
package. I want to support some proposal in the public debate as
well as the Council debate.
I look forward to Menday's meeting.
4/4/96
To: City Council
From: Larry Baker
Re:
Changes in state election laws
As part of my previous memo to you about the sales tax, I was going
to suggest that Iowa City do a mail-only ballot, much like the
state of Oregon did recently in its special senate election.
However, in a discussion with the County Auditor it became clear
that such a process was clearly not permissible under present Iowa
Code. The Auditor thought it was a good idea, but not feasible at
this time.
As much as I have some personal reservations about such a process,
the advantages it offers have substantial merit. Thus, I will be
contacting various state legislators about the possibility of
amending state law to allow mail-only balloting, at least at the
local level.
The purpose of this memo is to inform you of my personal
intentions. I wanted to make it clear that even though I first
considered this idea in conjunction with the sales tax issue, that
is not my present rationale. Direct mail balloting and the sales
tax are separate debates.
I would hope that a majority of the Council would also support such
a revision in state code and would be willing to endorse such a
change through a formal letter to the appropriate state officials.
I emphasize: this is an effort to make it possible for
municipalities to do mail-only balloting---not to make it required.
.......... ~ ......... a~n.~ be ~d to
those with you. Thanks for your consideration.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 5, 1996
Steve Atkins, City Manager
Rick Fosse, City Engineer ~x-~
Pine Street Pedestrian Tunnel Project
The April 9, 1996, Council Agenda contains the public hearing for this project as well as a
resolution fixing the bid date. I recommend that we hold the public hearing, but postpone the
bid date for the following reasons:
1. Not all issues associated with the impact on Ralston Creek flood profiles of the proposed
bridge at the north end of this tunnel have been resolved. Given the flood prone nature of
the neighborhood, these issues should be fully evaluated before proceeding.
2. The contractor building the pedestrian tunnel on the Iowa River Corddor Trail has indicated
that he does not see a significant financial advantage to bidding the project while he is in
town with his equipment. The majority of his mobilization expenses are associated with
loading and unloading the equipment. Whether the truck drives 2 miles or 200 miles is not a
big factor.
Based on this information, it appears to be in our best interest to postpone bidding this project.
cc: Chuck Schmadeke
Kim Johnson
Date:
To:
From:
Re:
City of Iowa City
MEMORANDUM
April 5, 1996
Steve Atkins, City Manager
Rick Fosse, City Engineer ,~';~
Melrose Avenue West - Compliance With Sensitive Areas Ordinance
The Melrose Avenue West project has been evaluated with respect to the Sensitive Areas
Ordinance and we have found that a number of sensitive features as defined by the ordinance
are within the limits of the project. I will briefly discuss the features below.
Wetlands- Two small areas of potential wetlands (about 1/4 acre total) will be impacted by the
project. A representative from the Corps of Engineers has inspected the site and determined
that these areas are covered under Item 26 of Fact Sheet No. 3(IA) of the Corps Nationwide
Permit. The Iowa Department of Natural Resources has issued Section 401 Water Quality
Certification for this Nationwide Permit. This means that we are cleared for construction from a
State and Federal perspective. Our Sensitive Areas Ordinance carries more stnngent
requirements that have not been addressed because the weather at the time of inspection did
not permit delineation of the potential wetlands. We cannot maintain a 150 foot buffer from the
edge of the potential wetland areas, as required by ordinance, without changing the alignment
of the road. If it is ultimately determined that wetlands exist, the ordinance requires that a
wetland mitigation plan be developed and compensatory mitigation will probably be needed.
This will require acquisition of additional property outside of the existing right-of-way. It is
unclear if we can comply with the wetland section of the Sensitive Areas Ordinance and
construct the project this year or in its present configuration.
Stream Corridors- No impact.
Woodlands- Upland woodlands shown on the Sensitive Areas Inventory Map are impacted by
this project. No trees within the right-of-way will be preserved. Few trees within the
construction easements will be preserved. The retention requirement for RS zoned areas is
50%. This requirement will not be met thereby requiring replacement plantings. The planting
plan for this project includes 183 trees which will exceed the requirement for replacement
plantings.
Slopes- Protected slopes will be altered as a part of this project. The protected slopes have
been altered by previous construction activities and this project will flatten the protected slopes
thereby making them more stable. No buffers will be provided since the previously altered
protected slopes will be eliminated. Naturally occurring critical slopes will also be encountered
on this project. Fill will be placed against the toe of the critical slopes which will serve to
preserve their stability.
Fully Hydrlc Soils- No impact.
Prairie Remnants- No impact.
Archaeological Sites- A phase I Archaeologlcal Survey was completed by the Office of the
State Archaeologist. Two historic period farmsteads were located, but both were outside the
project limits. No other findings of significance were made. However, soil will need to be
imported for this project and the borrow sites will need a cultural resource survey.
Conclusion
With the exception of wetlands, the provisions of the Sensitive Areas Ordinance have been
substantially complied with. Cost to date associated with evaluation for compliance is
$3,430.00. If desired, we will pursue the wetlands issue further.
cc: Chuck Schmadeke, Director of Public Works
Karin Franklin, Director of Planning
Greg Fief, Shive-Hattery
City of Iowa .City
MEMORANDUM
Date:
To:
From:
Re:
April 2, 1996
Mayor and City Council
City Clerk
Council Work Session, March 25, 1996 - 8:25 p.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thornberry,
Vanderhoef. Absent: Baker. Staff present: Arkins, Helling, Karr, Burnside, Franklin,
Davidson, Gannon, Fosse, McClure. Tapes: 96-38 and 96-39, Both Sides.
IVleeting transcriptions are available in City Clerk's Office upon request.
REVIEW ZONING MATTERS: Reel 96-38, Side 1
PCD Director Franklin presented the following Planning and Zoning items for discussion:
a. Setting a public hearin(~ for April 9, 1996, on Amendments to City Code Title 14,
Chapter 6. "Zoning," Article J. "Overlay Zones," by creatinq a new overlay zoning
district entitled "Design Review Overlay Zone."
b. Setting a public hearing for April 9 on an ordinance amending the Zoning Chapter to
change the use regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5,
Low Densitv Sin.qle-Familv Residential for propertv located at 3263 Rohret Road.
(Streb/REZ96-0003)
c. Public hearing on a resolution to amend the Comprehensive Plan to incorporate an
amendment to the JCCOG Arterial Street Plan which includes Oakdale Boulevard.
Separate discussion later in meeting.
d. Public hearinC] on an ordinance amendin¢i the Zoninq Chapter bv changing the use
requlations of an approximate .14 acre parcel located at 24 N. Van Buren Street from
RM-44, Hiqh Density Multi-Family Residential, to R/O, Residential/Office. (Ralev/
REZ95-0016)
e. Ordinance amending Title 14, Chapter 6, "Zonin¢l," Article H, "Industrial Zones," to
allow the outdoor storage of recvclable materials in the I-1 zone as an accessory use
to a recvclinCl processing facilitv bv special exception. (Second consideration)
f. Ordinance amendinq Title 14, Chapter 6, "Zoninq," to allow temporary real estate sales
centers in residential zones. (Second consideration)
2
hw
Ordinance amendinq the Conditional Zoninq Aareement for the D&L Subdivision,
located southeast of the intersection of Hiqhwav 1 and Sunset Street, to eliminate the
reauirement to provide access to property to the south. {Dane & Larson/REZ96-0002)
(Second consideration)
Franklin noted expedited action has been requested.
Resolution aoproving a prelimir~arv Plat for Newport Ridtie Subdivision, a 12-lot, 25,5
acre residential subdivision located on Newport Road, 1/4 mile east of its intersection
with Prairie du Chien Road. (SUB96_-0001)
Recommendation of the Planninq and Zoning Commission approvin(~ the proposed east
alionment for the extension of Hiohwav 965.
Separate discussion later in meeting.
ARTERIAL STREET PLAN - OAKDALE BOULEVARD:
{Agenda Item #6c)
Reel 96-38, Side 1
PCD Director Franklin and Transportation Planner Davidson presented information regarding
arterial street plan and proposed Oakdale Boulevard.
HIGHWAY 965 ALIGNMENT:
{Agenda Item #6i)
Reel 96-38, Side 1
Transportation Planner Davidson presented information regarding proposed east and west
alignments. Novick requested information about the total amount of environmentally impacted
features. A majority of Council Members endorsed the east alignment of the proposed
extension.
Staff Action: Davidson will correspond with City of Cora)ville and determine how to proceed.
(Davidson)
MELROSE AVENUE - BYINGTON TO HAWKINS; DESIGN ELEMENTS: Reel 96-38, Side 2
Transportation Planner Davidson, City Engineer Fosse, and design consultant Steve Jacobsen
presented design information for the Melrose Avenue project. In response to Novick, Fosse
stated he will get more information on crosswalk marking materials. A majority of Council
requested that a pedestrian-activated signal be installed at the intersection of Melrose Avenue
and Melrose Court (this will occur during Phase II of the project). Council directed staff to
proceed with letting the project.
Staff Action: Phase I of the reconstruction project (bridge replacement and street reconstruc-
tion west of Hawkins Drive) will be let by Iowa DOT in June. (Davidson)
BURLINGTON AND GILBERT INTERSECTION RECONSTRUCTION:
{Agenda Items//21 and//22)
Reel 96-38, Side 2
Engineers Fosse and McClure presented construction options for the Burlington and Gilbert
Street intersection, including closing the intersection for a 3-4 week period during
construction. Council directed staff to proceed, after bid opening, with negotiations with low
bidder to close the intersection during construction.
ENGINEERING DESIGN STANDARDS:
{Agenda Item #20)
Reel 96-39, Side 1
City Engineer Fosse responded to questions regarding the proposed engineering standards.
Fosse agreed to meet with Norton to answer specific questions regarding the design
standards.
APPOINTMENTS:
Reel 96-39, Side I
Senior Center Commission - Chevalier Monsanto
Planning and Zoning Commission - Re-appoint Richard Gibson
COUNCIL AGENDA/TIME:
Reel 96-39, Side 1
Novick noted Council received correspondence from Dorothy Paul regarding Platform
for Action Town Meeting, and majority of Council agreed not to pursue the request.
Novick announced a "Partnering for Progress - Making Waste Work for You" seminar
is scheduled at Kirkwood Community College April 10, 1996.
3. Novick noted that a planning seminar is scheduled in Des Moines, March 28-29, 1996.
Novick stated the Tree City USA award ceremony is scheduled in Des Moines April 9,
11:00 a.m.-1:00 p.m., and announced that Terry Robinson is receiving the Iowa Urban
and Community Forestry Council 1995 Outstanding Professional of the Year for Urban
Forestry in Iowa award. Novick asked Council Members to contact her regarding
attending the ceremony.
o
Novick reminded Council Members that a Council meeting is scheduled on Wednesday
morning regarding transit. City Clerk Karr stated that she will provide Council
Members with copies of the memorandum dated March 13 if needed.
Vanderhoef stated she has received calls regarding garbage collection problems.
Kubby requested that Solid Waste Supt. Pelkey present information for Council's
formal meeting.
(Consent Calendar #3g(5)) Vanderhoef. noted Council received correspondence
regarding Old Jet relocation concerns. Assistant City Attorney Burnside stated that
Old Jet has been discussed at recent Airport Commission meetings and she felt Old
Jet would remain at the Airport.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Vanderhoef stated that she will discuss the John Carver materials distributed by
Council Member Baker when Baker is present.
Vanderhoef noted that she attended a community seminar at Kirkwood Community
College campus the previous week.
(Agenda Item #3f(6)) Vanderhoef inquired if the $50 rent for public housing will be
discussed, Staff will report back.
Vanderhoef stated she would be interested in staff suggesting guidelines regarding
Council travel for Council consideration.
(Consent Calendar #3g(9)) Vanderhoef endorsed John Gross's idea of doing something
with elementary school age children and free bus passes for National Library Week.
Vanderhoef stated she received a call from Victoria Stevens regarding Jazz Fest
funding and stated that it should be scheduled for future discussion.
Kubby asked Council Members to read correspondence received from the State
Archaeologist regarding Napoleon Park.
Kubby stated there are residents on First Avenue who are upset about the response
time for easement documentation and information regarding the First Avenue project.
Assistant City Attorney Burnside stated the procedure was under review.
(Agenda Item #3f(6) - Establishing minimum monthly rent for families participating in
public housing program.) Kubby requested further discussion ri~garding establishing
a minimum monthly rent. Assistant City Manager Helling presented background
information and stated he will present further information at Council's formal meeting.
In response to Kubby, City Manager Atkins stated that a tour of the Peninsula and
water plant sites will be scheduled soon.
Kubby noted that she will provide Council Members with information regarding signing
an ad that will be published in the Daily lowan the second week in April for community
members to support the right of graduate student employees to organize a union.
Norton noted he attended a Kirkwood Community seminar and reported on discussions
regarding training for service jobs and daycare needs.
Norton noted he attended the Science Center discussions on Friday.
Norton stated he is interested in the League of Cities' meeting coming up.
Norton noted he forwarded correspondence from Galway Hills residents for the next
agenda.
23. Norton noted he received calls regarding the City's recycling program.
24. Norton stated that Council should consider a policy regarding notifying archaeologists
and historical persons as it relates to City construction projects,
25. Norton requested that Council schedule a discussion regarding the City's back billing
policy.
26. {Agenda Items//11-18) Kubby noted she requested Senior Building Inspector Ron
Boose to attend Council's formal meeting to discuss the Uniform Building Code and
Fire Code changes/amendments.
27. Novick noted she received an invitation from the Bethany Church of Iowa City to
attend a banquet on April 19. A proclamation will be prepared.
28. Norton noted he attended the meeting on emergency preparedness end had a
presentation from an individual relative to the Oklahoma bombing,
29. Novick noted that City staff and the Broadband Telecommunications Commission are
working on public access agreements with PATV.
30. City Clerk Karr requested Council Members contact her regarding summer schedu:ing.
31. Novick asked City Manager Atkins to schedule a meeting with ICAD some time around
the end of April.
Meeting adjourned at 11:05 p.m.
.®
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 4, 1996
Mayor and City Council
City Clerk
Council Work Session, Mamh 27, 1996 - 9:05 a.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thomberry,
Venderhoef. Staff present: Atkins, Helling, Karr, Fowler, Davidson, Logsden, Doyle, Yucuis.
Tapes: 96-43, All; 96-44, All.
Meeting transcriptlolls are available In City Clerk's Office upon request.
TRANSIT DISCUSSION:
Reel 96-43, Side 1
City Manager Atkins, Transportation Planner Davidson, and Assistant Transportation Planner
Doyle provided transit information to City Council.
Council established the following lists to assist staff with developing transit options/policies:
Chart #1
o Convenient means of movement of our citizens
o Available to everyone focused to more than others
· Market driven (cost benefit)
· Demand driven
· Encourage use of public transportation
· Necessary public service
· Unique community expectation
· Unique reputation- public transportation
o Part of overall transportation system
· Selected groups of service users
· Environmental quality
· Social/econ. policy affected
Chart #2
· Based on current policy
declining revenue
is it open ended?
· Ridership increase- not happening
* fixed route
· paratransit
· those served-? soc/econ/transportation
· U of I policy on transportation/parking
· Car culture
o City parking policies- transportation
one affects the other
2
Chart #3
Options long/short*
*L/S -Fare box will not balance system
L/S -Max transit levy
S/L -Use of 8.10 max. available
S/L -Use of Parking Revenue
L/S -State operating assistance
S/L -Federal $- capitaFops/grants
L/S -Reserve
Chart #4
Ridership
· Marketing +/advertising
fixed route
· Transient/turnover
· Tap all available markets
o Peak time vs. during day
Fares
Ridership policy
Para-transit
Chart #5
44% Transit levy
8.5% State, local- use fees
7.5% Fodoral
25% Fares
12% General Fund
3% Parking
93%
Chart #6
Encourage transit target marketing
Target service (peak hr)
What is availability of service Blanket peak time (?)o
Evening & Saturday- some skeletal
3
Chart #7
Paratransit Issues
1) Fare waiver for low income riders increased to half the normal fare ($,75)
2) Age limit for automatic certification eliminated or raised to 70 years old?
3) 3/4 of a mile service area rather than city limit.
4) Increased fare for cab service outside of Iowa City transits hours of operation (work trips only)?
5) Doctor's certification?
6) People certified to ride the parstransit service being able to ride the fixed mute for fares all day
by showing their ADA card?
7) Continue preferential scheduling for social service agencies?
Kubby requested staff prepare a pie chart of how City property taxes are used.
Meeting adjourned at 11:50 a.m.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
April 4, 1995
Mayor and City Council
Marian K. Karr, City Clerk
Census
We have been informed by the U,S. Bureau of Census that we are scheduled to kick-off our
local special census on Thursday, August 29. A copy of the press release is attached.
The Census Committee is up and running once again. Letters have been sent to service
organizations, schools, and churches suggesting ways that they may help. Notices for
workers have been placed in local newspapers, city buses, and CAMBUS. The University has
been especially helpful in getting the word out via newsletters and other publications. Various
activities are being planed during the summer months to involve the public as well as keep
them informed.
WE COU I iT
owc C ' ec,a*,UL i ns
FOR RELEASE IMMEDltt TEl Y.
PRESS RELEASE
Contact Person: Marian K. Karr 3§6-5040
We Countl Iowa City Reactivates 1996 Special Census
Mayor Naomi Novick has announced the reactivating of the 1996 Special Census
efforts and stated the official start to be Census Day August 29, 1996.
"The city is reactivating the Special Census and will resume their extensive public
education campaign to inform all residents about the importance of cooperating with
the census," Novick said. Novick met with 1996 Special Census Co-Chair Marian Karr
for an update. Karr explained, "Due to the temporary federal government shut down
and budget deadlock, the Iowa City Special census was delayed from it's original
February date to August. We're ready to start recruiting workers and getting the
community involved."
Co-Chairpersons of the committee are city staff members Marian K. Karr, City Clerk,
and David Schoon, Economic Development Coordinator. Other Committee members
are: Don Canfield, Community Businesses; Joanne Fritz, University of Iowa; Mary
Mclnroy, Speaker's Bureau; F. Jack Newman, Churches; David Purdy, Elderly; Dottie
Ray, Public Relations; Ann Rhodes, University of Iowa; and Jill Smith, Community
Schools.
City Clerk Karr stated, "The cooperation of all facets of the community will be directly
attributable to the success of the campaign. Our goal is to communicate to the citizens
of Iowa City the importance of the 1996 Special Census." Karr explained that Iowa
City requested this special census to be conducteo to determine a more current
population figure for Iowa City. The City estimates the special census will show an
increase in official population-growth of more than 3,800 people since the 1990
census. That, in turn, would mean an increase of approximately $280,000 per year in
State Road Use Tax and Population Allocation Tax revenues.
Beginning Thursday, August 29, 1996 official census workers will travel door to door,
stopping at all residences to count every Iowa Citian. Census workers will be
conducting a short verbal questionnaire. Questions include asking who is the head of
the household, age, race, sex and date of birth of each person residing at the home.
The special census will only require a few moments of your time and the verbal
questionnaires are strictly confidential.
The 1996 Special Census will create temporary employment opportunities. One
hundred area residents will be hired to fill census worker positions. Applications for
census workers are available through Job Service of Iowa, and the Personnel
Department at the City. Additionally three on campus sites will have applications
'~'/~:, (:it) (.Iu'rk · ( )llk'u · ~, 10 I~;Jhl x.\ ;1:'.11111,~1()11 .";lrc'u! · I~:,w;i ( :it'.'. l,\
Census Press Re/ease
March, 1995
Page 2
available. Those sites are: Campus Information Center, Iowa Memorial Union; Quad
24-Hour Desk; and Burge 24-Hour Desk.
· Fast Facts ....
e
The Census Campaign -"We Count" officially kicks-off on census day, August
29, 1996 when census workers begin their counting.
· The Census is expected to take approximately one month to conduct.
Preliminary results from the count will be available six to eight weeks after
census completion.
Iowa City is expected to grow by more than 3,800, resulting in a population
count of approximately 63,700 residents.
The Census createstemporary employment opportunities as it will hire 1 O0 area
residents to fill the census worker positions. Obtain census worker applications
at Job Service of Iowa or the Personnel Department for the City of Iowa City.
Contact Marian K. Karr, City Clerk for more information. 356-5040.
1996
Special Census Committee:
Marian Kerr, City Clerk
David Schoon, Economic Development
Don Canfield, Community Businesses
Joanne Fritz, University of Iowa
Mary Mclnroy, Speaker
F. Jack Newman, Churches
David Purdy, Elderly
Dottie Ray, Public Relations
Ann Rhodes, University of Iowa
Jill Smith, Community Schools
A:KICKOFF. 311
WlB COUNT
lowa C'i*t~._ 1996. Special. U:'S.' Census '
CENSUSJOBS
The U.S. Census Bureau is seeking 100 individuals to collect census information
within the city limits of Iowa City.
JOB DESCRIPTION:
Positions involve extensive walking (including stairs) and public contact.
PAY AND HOURS OF WORK: - $7,50 Per hour
- 30 - 40 hour weeks, flexible schedule
START DATE:
- August 29, 1996
REQUIREMENTS: - Must be at least 18 years of age
· Must be a U.S. Citizen
- Must be a High School graduate or equivalent
APPLICATIONS MAY BE PICKED UP AT: '1. Personnel, 410 E Washington St, Iowa City
2. Job Service of iowa, 1800 Lower Muscafine Rd, iowa City
3. Campus Information, Iowa Memorial Union
4. Quad 24-hour desk
5. Burge 24-hour desk
You are encouraged to submit your application immediately so we can schedule
testing. Testing will be in May and/or June.
APPLICATION MUS~ BE RETURNED TO:
Personnel
410 E Washington St
Iowa City, IA 52240
C/o City Clerks Office, 410 East Washington Street, Iowa City, IA 52240
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 4, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
All Department and Division Heads
City Clerk
City Manager
Assistant City Manager
Linda Newman Woito, City Attorney
Application to Provide Mediation Services
Since a number of persons have been inquiring as to how to become a mediator for
the City, Assistant City Manager Dale Helling and I have created an application form
to provide mediation services to the City. We will keep the completed applications
in the City Attorney's office to be available as needed, when needed.
APPLICATION TO PROVIDE MEDIATION SERVICES
Name:
Address:
CITY OF I0 WA CITY
Telephone:
Occupation:
Education:
Degrees/Certifications
b. Formal mediation training
Experience: Attach information indicating mediation experience and giving a narrative synopsis of relevant
cases including the nature and outcome of each.
References: Please give the names, addresses, and telephone numbers of at least three persons who can
be contacted, either for whom you have provided successful mediation services or who can attest to your
proven mediation skills and abilities. Indicate the general topic of the mediation(s) each reference person has
knowledge of.
Note: Your completed application will be kept on file with the City Attorney's Office, and will be considered
when the City is selecting an individual to provide mediation services. Having an application on file
does not guarantee an applicant that he or she will be selected to provide such services.
City of iowa City
MEMORANDUM
Date: Apdl 5, 1996
To:
From:
Re:
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney (:~~/,
Partial Litigation Update
Ronald P. Schobor.q and Carol Schoborq v Anderson and ECICOG; Anderson and ECICOG
v. City of Coralville and City of Iowa Cit,/; Iowa Supreme Court No. 6-080/95-263
Attached please find an Iowa Court of Appeals ruling, finding in favor of both the City of Coralville and
Iowa City. Although the Iowa Court of Appeals decision does not specifically mention Iowa City, any
affirmation of summary judgment in favor of Coralville confers the same ruling in favor of Iowa City
(based on the way the case was tried and pied).
Edwin McMartin v. Civil Service Commission of the City of Iowa City; State Court Docket No.
56141
Attached please find a ruling issued by District Court Judge Robinson, affirming that the sanctions
imposed against Police Officer Ed McMartin were appropriate under the facts and the law of the case.
Officer McMartin has 30 days in which to appeal to the Iowa Supreme Court; and, at this point, we are
not aware of McMartin's intentions regarding this possibility of appeal.
3. Wastewater Treatment Connection Condemnations: Proqress
This week, the City condemned a temporary construction easement against the Langenbergs, with the
SheriEs jury award of $10,100. The City had offered $8,400; and the Sheriff's jury likely raised the
damage award to include the increased price of corn. Anne Burnside represented the City. I do not
expect an appeal, although the Langenbergs am represented by Bill Meardon.
The City also condemned a temporary and permanent easement against S&G on a small corner of
their sand and gravel operation off of Sand Road. The City offered $4,000, and the Sheriff's ju~y
awarded $4,000. I represented the City with Meardon representing S&G. I do not anticipate an appeal.
4. Cib/v. University Heiqhts; Easement Acquisition; Status Report
University Heights accepted Iowa City's counter offer concerning the temporary construction easement,
the adjusted municipal boundary and the "extended easement" concerning the bridge approach. This
acceptance was timely completed, so construction of the Melrose Avenue bridge will proceed, as
scheduled. Steve Ballard and I need to refine the language for the settlement documents concerning
the boundary dispute and the extended easement. Since the documents have not yet been finalized,
the resolution ratifying settlement will not be on the April 9, 1996 agenda.
cc: City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff
Litigation Update Notebook
Attachments
IN THE COURT OF APPEALS OF IOWA
No. 6-080 / 95-263
RONALD P. SCHOBORG AND CAROL SCHOBORG,
Plaintiffs.
¥$o
MATTHEW BOYD ANDERSON and EAST
CENTRAL IOWA COUNCIL OF GOVERNMEN~
Defendants/Third-Party Plaintiffs-Appellants,
IAR 2 7
CJ.EPI ,COURT
V$o
THE CITY OF CORALVILLE, IOWA,
and THE CITY OF IOWA CITY~ IOWA,
Third-Party Defendants-Appellees.
Appeal from the Iowa District Court for Johnson County, L. Vem Robinson,
Judge.
This ease involves an automobile accident occurring on an icy road in which
plaintiff Ronald Sohoborg was injured. Schoborg and his wife brought suit against
defendants-appellants, the driver and owner of the other vehicle involved in the
accident Appellants then filed a third-party action against Coralville and Iowa City
on the ground their failure to properly maintain the road was a cause of the accident.
The district court granted the municipalities' motions for summary judgment under
the immunity provisions of Iowa Code section 668.10(2) (1991). Defendants.
appellants no~- appeal from this order..~FFIRaMED,
Patrick M. Roby and Christopher L. Brans of Elderkin & Pimie, P.L.C., Cedar
Rapids, for appellants.
Terry J. Abemarty and JoPame M. Lilledahl of Piekens, Barnes & Abemathy,
Cedar Rapids, and Donald L. Diehl, Coralville, for appellee City of Coralville.
Anne G. Burnside and Sarah E. Holecelt, City Attorney's Office, for appellee
. City of Iowa City.
Heard by X3ackett, p.J., and Cady and Streit, JJ.
SACKETT, P.J.
This case involves an automobile accident occurring on an icy road in which
plaintiff Ronald ?. Schoborg was injured. Schoborg and his wife brought suit against
defendants-appellants, the driver and owner of the other vehicle involved in the
accident. Appellants then filed a third-party action against Coralville and Iowa City
on the ground their failure to properly maintain the road was a cause of the accident.
The district court granted the municipalities' motions for summary judgment under
the immunity provisions of Iowa Code section 668.10(2) (1991). Defendants-
appellants now appeal from this order.
'The question in this appeal is whether the trial court was correct in entering
summa~yjud.m'nent for the cities of Iowa City and Coralville~ in an action see 'king to
establish their negligence as a cause of a December 21, 1991 motor vehicle accident
on First Avenue, a boundary line between Iowa City and Coralville.
To aftam the granting of a motion for sununa.ry judgment, the evidence, when
considered in the light most favorable to the nonmoving party,, must show there is no
gentfine issue of fact and the moving party is entitled to judgment as a matter of law.
West BendMut. Ins. Co. v. Iowa Iron Works, Inc., 503 N.W.2d 596, 598 (Iowa 1993).
A genuine issue of material fact exists if reasonable minds can differ on how the issue
~ Coralville has always maintained the street and does not dispute Iowa City's
contention it is responsible for the maintenance of it. Part of the street may be located within
the city limits of Iowa City
should be resolved. h7 re IS'rate t~'Rt~c'l'aJelhm-v. Dh.s. 494 N W2d 734, 736 (Iowa
App. 1992).
The trial judge frbund the cities had immunity under Iowa Code section
668.10(2) (1991) if they followed their policy of snow and ice removal. The court
found they had and no factual dispute existed showing they did not.
The question is whether there is a factual dispute defendant Coralville
complied with its policy of snow and ice removal. Iowa Code section 668.10(2)
provides:
In any action brought pursuant to this chapter, the state or a
municipality shall not be assigned a percentage of fault for any of the
following:
The failure to remove natural or unnatural accumulations
of snow or ice, or ~o place sand, salt, or other abrasive
material on a highway, mad, or street if the state or
municipality establishes that it has complied with its
policy or level of service for snow and ice removal or
placing sand, salt, or other abrasive material on its
highways, roads, or streets.
Iowa Code § 668.10(2) (1991)·
This section restricts the theories of liability that may be asserted against a
municipality. See Philhps v. City of Wa,kee, 467 N.W.2d 218, 219 (Iowa 1991).
There are times when there may be liability despite the general provision of section
668.10. See Saunders v. Dallas County, 420 N.W.2d 468, 472 (Iowa 1988);
Hershberger v. Buena ?tsta County, 391 N.W.2d 217, 220 (Iowa 1986).
5
Part of Coralville's policy is the city, should apply sufficient sand and salt to
curt'es so they "can be safi~ly negotiated." Defendants-appellants contend there is no
evidence this pan of the policy was followed. The trial cotat found, if this language
established liabili.ty, it would eviscerate the statutory immunity allowed
municipalities. We agree with the trial court on this issue. The provision "can be
safely negotiated" is a goal, not a standard of care. There is no evidence showing the
sanding and ice removal procedures promulgated by the City of Coralville were not
followed.
The trial court is affirmed.
AFFIRMED.
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
EDWIN MCMARTIN, )
)
Petitioner, )
)
vs )
)
CIVIL SERVICE COlVh¥IISSION )
OF THE CITY OF IOWA CITY, )
)
Respondent. )
No. 56141 .
RULING
.~. "-- ~
Police officer Edwin McMarfin was suspended for two days with loss of pay and
benefitg by R.J. Wenkelhake, Iowa City's Chief of Police. The suspension was for the
use of excessive force during the arrest of Christopher Lenz in Iowa City on May 3, 1994.
McMartin appealed the decision to the Iowa City Civil Service Commission. The
commission concluded McMartin was 8uilty of misconduct in the use of excessive force
and found the two day suspension was appropriate.
This case now comes before the District Court on McMartin's appeal from the
decision of the Civil Sentice Commission. Section 400.27 of the Iowa Code provides that
the appeal is by trial de novo. It is tried in equity. The court gives no weight to the
findings or the decision of the Civil Service Commission. $eig v Civil Service
Commission of t4,'est Des Moines, 342 N.W. 2d 824, 828 (Iowa 1983). The burden of
proof is on the commission. ld. Although the statutory and case law is silent as to what
the quantum of proof must be, the court determines the commission must prove that
McManm is guilty of misconduct by a preponderance of the evidence.
During the trial, objections were made. Because the case was tried in equity,, the
court admitted the evidence subject to the objections. Generally, the court indicated if it
considered the objections valid. So there is no misunderstanding, the court concludes that
the statements made by Officer Becki Sammons to Sgt. Vicki Lalla shortly after the
incident in question were excited utterances and are admissible as an exception to the
hearsay rule [la. R. E. 803(2)].
There were four key witnesses to the events which transpired on May 3, 1994:
Christopher Lenz, the person who was arrested; Edwin McMartin, the Iowa City police
officer who is accused of misconduct; and Becky Sammons and Alan Mebus, two police
officers who were involved in the arrest. Testimony of these four people is confl/cting.
-2-
The court has had an opportunity to hear and observe the witnesses as well as analyze the
circumstances surrounding the May 3, 1994, incident. The facts which are set out below
are those which have been proven.
FINDINGS OF FACT
Edwin McMaxtin was on patrol the evening of May 3, 1994. He intended to
complete his shift at I0:00 that evening. As he was returning to the Iowa City Police
Station, he drove through the alley which intersects the pedestrian mall in downtown
Iowa City and he observed three young men on din bikes. It is a municipal violation to
ride a bike in the pedestrian mall. Since his shif~ was almost over and there were not
many people on the mall, he decided to stop the young men and issue them a warning.
Christopher Lenz observed the patrol car and turned around and pedaled away from the
pedestrian mall heading east on College Street. McMartin radioed that he wanted to stop
a bicyclist traveling in that direction.
Two Iowa City police officers, Vicki Lalla and Sid Jackson, were on duty in an
unmarked patrol car. They observed Lenz coming east on College Street and beckoned
him to stop. He did. Lenz engaged in conversation with Sgt. Lalla. At that time, he was
not agitated or disrespectful. Shortly thereafter, Officers Becki Samraons and Alan
Mebus came to where Lenz had been stopped.
Lalla and Jackson then left and Lenz engaged in conversation with Officer
Sammons. Sammons got out of her patrol car, shook hands with Lenz, and asked him
about the music he was listening to on his radio. Lenz made no effort to ran, was not
agitated, and was not being disrespectful.
A few minutes later, McMarfin arrived and asked Lenz why he had not stopped
when he had motioned to l~im at the pedesuian mall. Lenz incl~cated he was wearing ear
phones and did not hear him. Whether or not Lenz heard Officer McMartin, he did not
intend to talk with him at the pedestrian mall and intended to avoid him. McMartin
advised Lenz that he was under arrest for riding a bike on the pedestrian mall and for
interference with official acts. He ordered Lenz to turn around and put his hands behind
his back. Lenz balked about getting offof his bicycle. Sammons indicated she would
hold the bike for him and for him to get off. Officer Mebus remained in the patrol car
and observed the situation from the driver seat. All of the events occurred in the middle
of the 500 block of East College in Iowa City, Iowa.
-3-
At the point Lenz began to put his hands behind kis back and McMartin grabbed
one of his hands, Lenz broke the officer's grip and became confrontationfl. He was
indignant and belligerent. In short, he was acting like a jerk. He knocked McMarfin's
handcuffs away and started to take off up the block to the west. Sammons grabbed his
sweatshirt. When it began to tear, she grabbed one of Lenz' arms. Lenz continued to mg
and try to get away. Sammons continued to hang on. McMartin attempted to grab hold
of Lenz but was unsuccessful. Officer Mebus immediately ran from his patrol car and
grabbed ahold of Lenz' head. Mebus and Samraons had control of Lenz to the point
where he could go no further and was being taken to the ground. At this point, Mebus
heard the distinctive sound of Officer McMartin's baton being drawn and extended. The
baton is an ASP; a telescoping 20 ounce baton which extends to 21 inches. When Mebus
saw that McMartin was going to hit Lenz with the ASP, he tried to extend the hold he had
on Lenz so that he (Mebus) would not be struck. McMartin su'uck at least twice. The
first blow grazed Lenz and hit Sammons. The second blow hit Lenz in the leg where
McMartin was aiming. Mebus and Sammons took Lenz down, handcuffed him, and
placed him into custody.
After Lenz was taken to jail, it was discovered he had marijuana in Iris possession.
This was the primary reason he wanted nothing to do with the police on that evening. He
ulumately pled guilty to two counts of interference with official acts as pan of a plea
agreement and the marijuana charge was dismissed. Lenz' mother contacted the Iowa
City Police Depa~ mxent to complain about her son's treatment on the evening of May 3,
1994. Subsequently Lenz himself fried a complaint asserting that he had been the subject
of police misconduct. He acknowledges that one of the reasons he filed the complaint
was to avoid criminal prosecution, but also asserts the other reason was Iris belief that the
treatment he received simply was not n~t.
There is no question but that the events which occurred on May 3, 1994, happened
quickly. Three officers had to react to the actions of a person who was resisting arrest. It
is apparent, however, that Lenz was not attacking the officers bm was attempting io pull
away. It is also evident that before he was struck with the ASP by Officer McMartin, he
was under the consol of Officers Sammons and Mebus.
CONCLUSIONS OF LAW
Section 400.19 of the Iowa Code provides that a police officer may be suspended
or otherwise disciplined for neglect of duty, disobedience of orders, misconduct, or
failure to properly perform one's duties. In this case, the issue is whether or not Edwin
McMartin used excessive force in apprehending Christopher kenz on May 3, 1994.
-4-
Section 400 8 of the Iowa Code provides that an officer is justified in the use
which he or she reasonably believes is necessary to effect an arrest. The genera/, ~.d..e..~s ·
of the Iowa City Pohce Depa~u~ent echo the State statute and provade that any
be used when reasonably necessary under the circumstances to protect the safety'~f-the
officer or any other person. The standard for reasonableness is an objective standard.
Chelfv Civil Service Commission, 515 N.W. 2d 353,355 (Iowa App. 1994).
McMartin asserts he was faced with a volatile situation and reasonably believed he
and Officer Sanunons were being attacked, that Chris Lenz was not under control, and it
was necessary for him (McMardn) to use his ASP to subdue the subject.
It is especially difficult for a judge, or a jury, or anyone else for that matter, to
second-~ess the actions of a police officer who has to make split-second decisions under
dangerous circumstances. Several days of testimony were presented before the CM1
Service Commission and several more days of testimony were presented before the
District Court, all concerning events which probably took no longer than five to ten
minutes. A police officer must be able to take any necessary action based upon
reasonable beliefs and not be hamsming by Monday morning quarterbacking. Unlike
some other cases, however, the court heard the testimony of other police officers who
were at the scene; police officers who cotfid observe the same events as Officer
McMartin; police officers who were trained just like Officer McMartin. Officers
Sammons and Mebus understand the dangers faced by police every day. These officers
understand the pressures and unpredictability at the scene of an arrest. These officers
also are well aware when a subject is under control and when there is the need for force,
including the use of a baton. Officers Sammons and Mebus had Lenz under control
before McMartin struck at Lenz with his ASP. Lenz was 19 year old at the time of the
incident, was approximately 5'6" to 5'7" tall, and weighed approximately 160 pounds.
Officer Sammons was 5'10" and 170 pounds. Offic~ Mebus was 6'2" mud wei~ed
approximately 250 pounds with his equipment. There could be no reasonable belief that
the use of the ASP was necessary at the time the blows were administered. Edwin
McMartin used excessive force in tiffs case and the sanction adm/nistered by the Chief of
Police was appropriate.
The sanction imposed by the Iowa City Chief of Police is affirmed.
Dated this c,?Q ~ d~, 1996.
q..,..JgERN ROBINSON, Judge, 6th Judicial Disu-ict of Iowa
City of Iowa City
MEMORANDUM
Date: April 3, 1996
To: City Manager ' n~'
From: Karin Franklin, Director, Planning and Community Develo
Re: Communications with Iowa City Community School District
Some time ago you inquired as to how we communicate with the Iowa City Community School
District. The department has routine, formal communication through sending our Planning and
Zoning Commission agendas to the administrative offices. I do not know whether these agendas
are then forwarded to the Board of Directors. The District is also an ex-officio member of JCCOG
and receives all of the JCCOG information, however they have not historically chosen to attend
the Urbanized Area Policy Board meetings.
Moro frequently we have informal, ad hoc communications with the District, again through their
Administration. We have requested input from the administration regarding the desirable location
of elementary schools, particularly as we develop plans by district in our comprehensive planning
efforts. We have also requested discussion of impact fees for schools (see memo dated Mamh
29 for an update on this issue).
On more specific items we have responded to requests from the District to discuss the location
of a possible middle school; we approached the District regarding development on the west side
of Iowa City and the drive at West High School; we have attended neighborhood meetings at the
neighbors' request regarding pedestrian access to West High; and the District was invited to be
part of the Near Southside Design Plan and to attend the South Area Neighborhood Planning
meetings, We also regularly apprise the administration of any annexations, and have previously
discussed with them potential elementary school sites within the annexed territory.
I believe we have made a very concerted effort to involve the District in our long-range planning
and have made every effort to inform them of current development projects. As is evident, these
lines of communication are more informal than formal. If you or the Council wish us to make any
changes, please let me know.
Date:
City of iowa City
MEMORANDUM
April 1, 1996
To:
From:
Re:
Steve Atkins, City Manager ' .:
Karin Franklin, Director, Department of Planning ~evelopment
Impact Fees for Schools
On March 12, I attended the Board of Directors meeting of the Iowa City Community School
District to discuss sharing the cost of a study to examine the feasibility of requiring impact
fees for schools in Iowa City and in the district generally. I raised this issue with the Board
because I have been uncomfortable for some time with our practice of requiring the
reservation of land for school sites with some annexations and not with others. As you know,
we have required the reservation of up to 15 acres for an elementary school in both the
Windsor Ridge and Sycamore Farms annexations. The requirement was imposed on these
developments because of their location and size, Other annexations have come before the
City, which have been smaller in size, and have had no similar obligation to provide either land
or money in lieu of land. This practice is inequitable and, I believe, leaves the City open to
a potential challenge, One way to address this issue is to devise a system in which all
annexations are treated in the same manner. An impact fee study would be a way to devise
such a system.
I presented this concern to the Board, focusing my interest on the dilemma the situation
presents to the City as it relates to land, The Board understood my concern. Their interest,
understandably, goes beyond the acquisition of land and includes funds for the construction
of school buildings. Development of an impact lea, which would include revenue for the
construction of schools, is more complicated and would need to include not just Iowa City but
all of the communities that are included within the District, At the March 12 meeting, the
Board expressed reservations about an impact fee and the feasibility of it and indicated that
they would discuss this item further in the future.
Today I received a letter from the District indicating that the Board has chosen not to
participate in the study but would be willing to participate in any discussions if the City
undertakes such a study.
I would recommend that we not pursue a study of impact fees for schools at City expense.
I would also recommend that we no longer reserve school sites during the annexation process,
due to the inequity of the approach we have taken, We have incorporated into our
comprehensive planning process, and will continue tb provide for, the identification of
potential elementary school sites as we develop plans for our various planning districts. The
identification of these potential sites will be done in consultation with the District. We will
suggest to developers that they discuss school sites with the District, when a potential site
is noted on their property. However, we will not require reservation of those sites as we
2
annex and rezone the land. I believe this is the only fair way to approach this issue given the
lack of an impact fee or some other way to treat each properW equitably.
The City Council never adopted any formal policy regarding the reservation of school sites,
therefore I don't believe any formal Council action is required, We will change our approach
to school sites as noted above unless directed to do otherwise.
IOWA CITY COMMUNITY
SCHOOL DISTRICT
Barbara Grohe, Ph.D.
Superintendent
(319) 339-6890 Fax Number
509 S. Dubuque Street
Iowa City, IA 52240
(319) 339-6800
March 27, 1996
Karin Franklin
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Dear Karin:
Last night at the Board of Directors meeting of the Iowa City Community
School District we again discussed the school district's involvement in a
study on impact fees. At this meeting a motion was passed that the district
not participate in funding a study for impact fees. An additional motion was
passed that the district inform the City that the school district would be
pleased to participate in any discussions of impact fees should the study
proceed.
If you have any questions or need additional information, do not hesitate to
contact me.
Sincerely.
~er~ld'~. Palmer
Executive Director of
Administrative Service
c Barbara Grohe
Date: April 2, 1996
To:
From:
Re:
Iowa City City Council
Jeff Davidson "~,~I~'
Proposed extension of Highway 965: alternative alignments issue
At your Mamh 25 work session there was informal agreement that the east alignment was
preferred for the proposed extension of Highway 965 between Highway 6 and Highway 1. At
that time you asked for additional information pertaining to the impact on sensitive environmen-
tal features. Attached you will find Tables 3(a) and 3(b) from the consultant's report, which
detail the relative environmental impact of each alignment.
I have corresponded with the City of Corelville regarding this matter, and the Coralville City
Council is not prepared at this time to authorize their mayor to enter into an agreement
adopting the east alignment as the preferred alternative. They would like to meet to discuss
this matter at your earliest convenience, and they are willing to let that meeting occur under
whatever format you prefer. Please let me know how you would like to proceed.
cc: Steve Atkins
Kadn Franklin
Rick Fosse
Attachment
Iowa Highway 965 Extension- Iowa Highway I to &~S, Higlmay 6
Location Stud3, Report
TABLE 3a
Evaluation Factor*
Wetlands
Emergent
Semb-Shrub
Forested
Flood Plain/Floodway
No. of Sheam Conidor
Crossings
Area of Flood Plain
Crossed
Length of Floodway
Crossed
Slopes
Steep
Critical
Protected
Woodland
No. of Fragmented 100-
Acre Tracts
IOWA 965 EXTENSION
DEFINITION AND MEASUREMENT
FINAL EVALUATION FACTORS
Definition/Measurement
Palusthne areas as indicated on the U.S. Fish and Wildlife Serviee National
Wetland Inventory Maps and the Natural Resources Conservation Service
Wetland invantov] Maps. Ptior to impa~t assessment, these areas were field
verified by a wcfland specialist based on the current wctiand delineation manual
Impa~ were measured by ecuafiag the amber of potentially impouter wetlands
and mecsutiag the areas of wetlands occurring within the proposed project fight-
of-way.
Shallow marshes, wet meadows and swales dumbanted by gassy or other
herbaceous vegetation.
Dominated by lxces that are less than 20 feet tall. Commonly asseeiated or
intermixed with amergant and forested wetlands.
Dom'mated by trees that are more than 20 feet tail. Commonly associated with
s~esms and drainageways.
Includes all sUeams shown in blue on the most recent U.S. Geological Survey
Quadrangle Maps.
Area of 100-yoat flood plain as designated on the Federal Emergency
Management Agency ffEMA) Flood Insurance Rate Maps.
Length of floodway as designated on the FEMA Flood Plain and Floodway Maps
that would be spanned by a stractm'e.
Slope determinations were done along the project alternative alignmen~ at a
maximum horizontal resolution of 30 feet for the area north of Melrose Avenue
using 200-scale aerial mapping with topography given at a contour interval of 2
feet. South of Melrose Avenue, USGS topography at a contour interval of 10 feet
was used, and the maximum horizontal resolution was 50 feet.
A slope of 18 per~nt, but less than 25 percent
A slope of 25 percent, but less than 40 percent.
Any slope of 40 percent or steeper.
Any txact of land with a contiguous wooded area of not less than 2 acres and
uontsining not less than 200 thrust hoes per acre. Areas meeting these criteria
were field verified and measured from available 200-scale aerial mopping and
400-scale aerial photographs.
This wss a simple count of large wooded ateas that would be fragmented by the
projet. The 100-acre criterion is considered to be a critical tlu'eshold brow
which the wildlit~ value ot'a woodland is substantially diminished.
November 1995
Iowa Highway 965 Extension - Iowa Highway I to U.S. Higtnvay 6
£ocation Study Report
TABLE 3a
IOWA 965 EXTENSION
DEFINITION AND MEASUREMENT OF
FINAL EVALUATION FACTORS
(CONTINUED)
Evaluation Factor*
Area of Good-Quality
Lowland Woods
Area of Fair- or Poor°
Quality Lowland Woods
Defmi6on/Measurmnent
Lowland woods included both wooded wetland and non-wetland areas within the
flood plains of streem corridors and drainageways. Woodland quality was
assassed based upon the presence of woodland disturbanee as indicated by
evidence of grazing, abuodanee of spring ephemeral plants, density of the forest
understory and forest tree size class distribution, Good-quality woods were
characterized by little grazing, abundant spring ephemerals, an open forest
understory, and a preponderance of large trees.
Lowland woods as described above, but showing evidence of extensive
Area of Good-Quality
Upland Woods
Area of Fair- or Poor-
Quality Upland Woods
Upland woods included all wooded areas that did not meet the criteria for lowland
woods. The good-quality upland woods showed little evidence ofdistarbanee.
Upland woods as described above that showed evidence of extensive dis~trbance.
Fully Hydric Softs Exclusive
of Wetlands
Prairie Remnants
No. of Residential
Displacements
No, of Homes Within 200
Feet of Roadway Edge
No. of Properties Affected
Hydri¢ soils were those listed by the Johnson County NRCS as being fully hydric
~d which occurred outside of wetland areas noted during the field survey.
Includes areas of native prairie as indicated on the Iowa City Sensitive Areas Map
· Phase I.
The number of existing residences located partially or completely within the
proposed project ~ht-of-way limits.
The number of existing residences located within 200 feet of the nearest edge of
the proposed roadway. this does not include residences that would be displaced
and is intended as a measure of the number of residences that could suffer
proximity-related impa~ts.
Based upon land ownership information obtained from the Johnson County
Assessor's Office in July. 1995. Where the alignments followed property line~.
only one of the two properties was asscaned to contribute fight.ot:way to the
proje~t.
Farm Impacts
No of Diagonal
Farmland Severances
Length of Diagonal
Farmland Severances
Diagonal severances were counted only lbr properties that contained areas of
rowcrops or cover crops [f such a property was severed such that two remnants
of farmable size and shape remained, the properly was counted as severed
or both remnants were not farmable. it was assumed that the remnant(s} would be
acquired by the project. and the property was not counted as being severed.
The lengths of diagonal severances occurring on properties as described for the
previous factor.
November1995
Iowa Higl~ay 965 Extension. Iowa Highwa~ 1 to U.S. Higtnvay 6
Location Study Report
TABLE 3a
Evduat/on Factor*
Prime Farmland Soils
Area
Rowcrop Area
Pasture/Hay Area
Land Use
IOWA 965 EXTENSION
DEFINITION AND MEASUREMENT OF
FINAL EVALUATION FACTORS
(CONTINUED)
D o~nltion/Messu~ment
Prime fm:ml~d soils cons~ted of those soft types listed in the NRC$ Soft Survey
of Jolmson County as making up prime farmland. These soils types are
considered prime farmland only whea drain~ or protected from flooding.
Because the field survey did no! include a ch~ck of whether such measures have
been tak~a in the study axes, the prime farmland soils croas~ by the alton'retires
may not constitute prime farmland.
Includes farmland planted in rowcrops, mnhlly corll or soybeans.
Includes fataland phmted in hay or used as pasture for gazing.
Zoned and Planned Laud
Use
Planned City
Sexvic~sfdtilities
Presently zoned and plmued future laud use as indica!ed in ~hc Iowa City
Comprehensive Plan, 1989 Update, and by the Johnson County Zoning
Compatibdity with plans for fumm utility extensions. The wastera part of the
study area falls within a separate drainage basin, ~d ~ stations would be
required to provide cemin services to this ~
Refer to Table 3b for evaluation results.
November 1995
lows Highway 965 Exten~ion - Iowa Highway I to b~S. Highway 6
Location Study Report
TABLE 3b
IOWA 965 EXTENSION
FINAL ENVIRONMENTAL EVALUATION FACTORS
Alt~aative
Evaluation Factor* W~st East
Wetland Impacts:
Emergent, No.
Emergent, Area
S~rub-Shrub, No.
Scrub-Shrub, Area
ForestS, No.
Fordted, Ar~a
Total No. of Wetlands
Total Area of Wetlands
7 5
1.5 0.3
1 0
0. I 0.0
7 5
0.7 0.6
15 10
2.3 0.9
Flood Plain/Floodway:
No. of Stream Conidor Crossings
Area of Flood Plain Crossed
Length of Floodway Crossed
9 7
5 5
750 750
Slopes:
Steep (18-24%), Ams
Critical (25-39%), Area
Proteet~ (40% and Creater), Area
Total Area of Slopes of at Least 18%
7 3
1 2
I 1
9 6
Woodlands:
No. of Fragmented 100-Acre Tra~ts
Area of Good-Quality Lowlaad Woods
Area of Fai~- or Poor-Quality Lowland Woods**
Total Area of Lowland Woods
Area of Good-Quality Upland Woods
Area of Faix- or Poor-Quality Upland Woods
Total Area of Upland Woods
Total Woodland Area
2
0
4
4
1
6
7
11
Fully Hydrte Soils Exclusive of Wetlands, Area
Prairie Remnants
No. of Residential Displacements
2
No. of Homes Within 200 Feet of Roadway Edge
Estimated No. of Properties Affected
5
18
3
0
4
1
8
9
13
1
0
1
5
19
November 1995
Iowa Htgh~ay 965 Extension - Iowa Highway I to U.S. Higto~ay 6
Location Study Report
TABLE 3b
IOWA 965 EXTENSION
FINAL ENVIRONMENTAL EVALUATION FACTORS
(CONTINUED)
Evainalion Factor*
Farm Impac~s:
Length of Diagonal Farmland Severances
No. of Diagonal Farrnl~d Sovcraaces
Primo Farmlend Soils, Area
Row~op, Area
Pasture/Hay, Area
Total Farmland, Area
Land Use:
Zoned and Planned Land Us~***
Planned CiF Services/Utilities
NOTE: AH atees given in acres; lengths in feet.
Alternative
West E~st
3,400 5,100
6 5
22 17
35 23
17 16
$2 39
Res, Ag; Res, Ag, P, OR;
Compatible Compatible
Not Compatible Compatible
* Fa tors are explained in Table
** Includes forested wetlands.
*** Source: Iowa City Comprehensive Plan. 1989 Update; Johuson County Zouing Department
Res -- Suburban or Rural Residenlial
OR = Office Research Development Centers
P = Public or Semi-Public (Includes Land Owned by the Johnson Cottory Secondary Roads Department
and the Johnson County Home)
Ag = Agricultural
November1995
To: I0~ CIl't CLERK
From: jo hogarty
4~1-96 8:59am p. 2 of 3
John~]n Couni)
Don $d~r, Chairperson
$oc Bolk¢om
Charles D. Duffy
Stephen P. Laeim
Sally Stutsman
BOARD OF SUPERVISORS
April 2, 1996
INFORMAL MEETING
Agenda
l. CaLl to order 9:00 a.m.
2. Review of the formal minutes of March 28th.
3. Business from Reverend Bob Welsh re: Heritage Area Agency on Aging
funding/discussion.
4. Business from the County E~o,21neer.
a) Discussion re: request from Coralville to reduce speed limit on North
Liberty Road to 45 mph in shared section.
b) Discussion re:. right-of-way negotiations for various Johnson County
projects. [
c) Discussion re: ! Road Maintenance Agreement on Maier Avenue, North
of 540th Street.:
d) Discussion re: right-of-way question in Frytown.
e) Other
5. Business from the Assistant Planning and Zoning Administrator.
a) Discussion re: setting public hearing for the
Development Plan.
b) Other
1996 North Corridor
I 9135OUTHDUBUQUEST. P.O. BOX 1350 IOWACITY, IOWA 5224~1350 TEL:(319)356-6000 FAX:(319)356-6086 ~7
To-' lO~ CI'IY CLERK
Agenda 4-2-96
From ~o hogarty
~-1-96 8:SOaa p, 3 of 3
Page 2
6. Business from the Planning and Zoning Administrator.
a) Discussion re: update on boundary adjustments.
b) Other
Business from the [~dult Day Program Advisory Committee report re:
Adult Day Program/discussion.
8. Business from the Board of Supervisors.
a) Discussion re: becoming an intervenor in the northern boarder pipeline
siting in southern Johnson County.
b) Letter from Robert Ballantyne, Director for Job Training Partnership Act
re: to fill th6 third seat on the East Central Iowa Employment and
Training Consortium Board/discussion.
c) Discussion reI appointment to the Johnson County Zoning
Commission.
d) Discussion re:i reconsideration of proposed salary range for County
Engineer. [
e) Reports
0 oaer
Discussion from the public.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 4, 1996
City Council
City Manager
Wastewater Construction Project Schedule-Miscellaneous
We have moved our construction/contractors equipment to the other side of the railroad crossing
near Napoleon Park and will proceed working from that direction. This should allow the
amhaeologists three, maybe four weeks of work time without conflict with construction crews. We
have offered to set up lighting to the archaeologists conld work into the evening, but so far have
received no interest.
On Friday, representatives of the staff will be meeting with state historic preservation representa-
tives in Des Moines to discuss some of the early reports and other related information concerning
the archaeological review at Napoleon Park. We will let you know.
You may recall that several months ago we filed a request with the DNR for a revised schedule.
To date we have not heard from the DNR and I expect it is unlikely we will. Our wastewater
effluent permit is due to expire on July 1 and I expect the DNR believes we will be so far into the
project they will not have to consider any other schedules.
cc: Chuck Schmadeke
bl~sche~ule
City of Iowa City
MEMORANDUM
Date: April 5, 1996
To: City Council
From: City Manager
Re: Uniform and Towel Service Contract Renewal
The Uniform and Towel Service Contract totals annually approximately $64,500 and includes
$43,500 in uniforms and $21,000 in towel service. A recommendation is being made to renew
the Iwo (2) year contract with ARAMARK through June 30, 1998, as provided in the original bid
document. Prices will remain the same and divisions have been satisfied with the quality of
uniforms as well as the cleaning service. The proposed contract is in line with division budgets.
For your information, a recent conversation with the City of Cedar Rapids reflects Iowa City's
paying 100% less than Cedar Rapids. The City of Cedar Rapids will be bidding uniforms in the
future utilizing the Iowa City bid document.
tp5-1
Summary Data
Purpose:
The purpose of the Proposed and Adopted Budget is to establish the
maximum spending authority for the upcoming fiscal year. This
information is also used by the County Auditor to determine the tax levy.
Highlights:
· The maximum proposed expenditures for 1996-97 are as follows:
General Fund
Schoolhouse Fund
Total
$60,578,830
7,384,897
$67,963,727
· The increase in proposed General Fund expenditures includes allowable
growth of 3.3% plus the increase in enrollment of 210.60 students from
the prior year.
· The proposed tax levy for 1996-97 is:
1996-97 $12.97049
1995-96 12.57352
Increase $.39697
· The increase of $.39697 is due primarily to the additional bond issue
passed in September 1995 requiring $778,194 for the debt service on this
issue or approximately $ .31.
· The levy includes levying $776,216 to replenish the cash reserve for
allowable growth granted by the c,-h,,,,~
,~,-,~,.,,,~ ~,,~,~,;~ Review ommntee for
our 1995 increased enrollment, $943,089 granted by the School Budget
Review Committee to cover our 1994-95 Special Education deficit and a
general cash reserve levy of $500,000.
· The proposed budget includes levying the maximum amount (10% of the
per pupil expenditure times the district enrollment) for the Instructional
Support Levy. This levy will generate $3,665,691 in 1996-97 compared to
$3,449,547 in 1995-96. Due to the state formula not fully funding the
instructional support levy, the district lost $222,993 of state aid.
· The effect on the frozen machinery and equipment portion of assessed
valuation reduced property tax assessments by $4,180. This will be
replaced by state aid for 1996-97.
I; o0
CITY OF I0 WA CITY
April 5, 1 996
Edna Englert
2710 E. Washington St.
Iowa City, IA 52245
Dear Mrs. Englert:
Thank you for your very generous contribution to our City-sponsored programs for our
younger citizens. I have directed that your $100 check be deposited in an appropriate
account and asked the Parks and Recreation staff how best to utilize these funds to assist our
City's younger people.
Your thoughtfulness and your contribution are reflective of what makes our community the
fine place to live, raise your family, and generally enjoy all that Iowa has to offer.
Thank you again.
Sincerely,
Stephen U. Arkins
City Manager
cc: Terry Trueblood
EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 0 (319} 356-$000 · FAX (31g! J56.~009
13ol
A word from the 1996 Chair
Tom Gelman. Chair o! the Board
Design Review requires more creativity
In order Io reasonabl? respond
Ihe Board asked Ihe Loca', Gov-
!~ [he Dest,.2u Re'.:e~ Com-
damQ !or such parcels resuhed
pan of ihe prolog: apple`. al pro-
2~ lhc proposed Ordinance do'.
Effectively Promoting Your Business
p,'eseqred by
W. ham] Burns
,darkerin§ Professor, The Umvers:t¥ of Io,~a
Thursday. April 25.7:00.9:30 p.m.
Pappajohn Business Administration Bldg. Rm W107
$po'~sored by
Se,wce Co:ps ol Re: red [ xe,%t,ves (SCORE~
(a.I the lo.va C%' SCORE Chapter. 338.1662
and lhen ~he [):slrlcl Cou~
3 ) 7he proposed Ord,nanc c does
:rot stale v. hal desten gu:del roes
v. ou[d be fo:lov. cd Inslead. :1
proposes :ha: sach gmdclmes
bc cslabl:shcd af:cr passage ot
tire Ordtnance
Area Chamber opposed
ticnee. aller !hough:lu: dchb-
mended aga:ast ihe pt.posed Or-
In concurring Xtllh l. oca] Go, -
eramental Aft'an, Ihc Area
Chantbet F xcct;::, c C OlllIIrlllOO
~ccogm/cd lhal 1[]c proposed
O: dma'.K g r cpr c~cn:c d.~ s.,~n : Ib
pohc}. dlclalmg:hal. bc cx alu-
9. hde ~casor:ablc people caa
tarposed b? [hc propo>cd Ord:-
n.mee l::[ghl be the practical
redIll? Of paslordmacce eaforce-
:trerll sa,..'..o¢st$ profotmd ulrph-
¢ah,tnS [Or the future
nmg and Zoning Comm;ss:on
considered the proposed Ord~-
p. aace John Beckord and Iab
:ended Ihe :::eoh::g 9,'e corn-
and m~oorlanee of good des:gn.
bul agams: drc s.gu~fica,tb- ex.
pa:lded ad:mn:stra::~e proce-
dure m :he proposed Ordinance
O!he:s ~pokc amcula:eb abou=
:he ~cncfi~s of good desLo. n. bur
ct,uld nol sull;,c~enll} defcnd :he
proposed Ordinance as au ap-
mg cxp.mdcd dc~.gn
Ihc Harm :n,g aud Zonm,g Com-
propo>cd (kdmancc lhc I)o
Good design is m~porlanl
h shoald be :he challenge of
fcl p~ oce% ~ o;~d bc clcaL corn
c:~c and ',ar,~ek'd des.~: ~nfo~-
,]?mlkan: ro_.'u]a:or? at;:ho~ H?
v. ould be ex:cndcd :o [Ire (.'om-
2rlSSlO~i t;ilder the proposed er-
tlils !5 ralh:~f datnl:ng
h shot;}d be the c hailcn._'v el lee
benelks of?ed. droa,gh:lu] de.
s,:.:l and to take ad,aalage of
FIRST
Inut futute F I R h T
:,,7-~-7-~:o77:,.:,.: .:.o.. ,,~;..
1o:iIO~A~CIT¥ CLERK
From: jo hogarty
4-8-gB ?:3Bao p. 2 o~ §
Jobmort Courtly'
Don Sehr, Chairparson
Joe Bolkcom
Charles D. Duffy
Stephen P. Lacma
Sally Slutsman
BOARD OF SUPERVISORS
April 9, 1996
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
Review of the formal minutes of April 4th. t
Business from Scott Long, Assistant Director of Ambulance re:
Ambulance Department business/hospitals [ emergency
assignments/discussion.
Business from the County Engineer.
Discussion re: right-of-way negotiations for Johnson county Project
qTP_S_59 fT7~_-qG_q9
Discussion re: Iowa Department of Transportation Agreement for
Federal-Aid Surface Transportation Program Project 8TP-S-52(37)--SE-
52.
c) Other
5. Business from the C ty Auditor.
a)
b)
913 SOUTH DUBUQUE ST.
Discussion re: review of FY 96 audit proposals received.
Discussion re: resolution tramferring from the Reservoir Roads Trust
Fund to the Secondary Roads Fund. j
Other ·
P.O. BOX 1350 IOWA CITY, IOWA 52244~1350 TEL: (319) 356.-6000
FAX: (319) 356-6086
F~om: jo hogarty 4-8-96 ?:36an p. 3 oF 3
Agenda 4-9-96
Page 2
6. Business from the Board of Supervisors.
a) Discussion re: letter from Donna Crookham resigning her position on
the Mental Health/Developmental Disabilities Plann/ng Council and
Case Management Advisory Board and replacement.
b) Discussion re: Interim County Engineer for Secondary Roads, effective
Discussion re: appointments to the Johnson County Task Force of the
Heritage Area Agency on Aging.
d) Reports
e) Other
Discussion from the public.
Recess.
I
CO
City of Iowa City
MEMORANDUM
Date: April 9, 1996
To: City Council
From: City Manager
Re: St. Patrick's Negotiations
On Tuesday afternoon, I received a copy of the attached letter. It was hand delivered. Shortly
thereafter I received a phone call from 'rv reporter Mike Wagner of KCRG. He was responding
to a press release issued by, according to Mike, Larry Lynch/Bob Michael of St. Patrick's Chumh.
I have not seen the press release. This press release allegedly expressed the outrage of the
chumh concerning the issue of condemnation.
My concern is that I was asked to keep this matter confidential, which I have done. Apparently
the church or those in leadership positions have chosen to do otherwise. I am not sure of the
results of this issue other than my extreme disappointment over the fact they have violated the
confidentiality which they requested of the City. Lynch/Michael have not been involved in our
negotiations. Their role is unknown. I have dealt with Ben Moore and Father Busher. Ben was
surprised to learn of the press release.
Attachment
o~Y, pats
!;JECEIVEO APR 0 ,g
$[, Patrick's Ca[holic Church
228 East Cov. rt S~reet
Iowa City, Iowa 52240
(319) 337-2856
Apd19,1996
Mr. Stephen J. Arkins, City Manager
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Dear Steve:
I have received your letter dated April 4, 1996, and have presented it to the
Parish Council. The Council was quite upset that the Council has chosen to
pursue condemnation. We will review this matter and anticipate responding to
your lefler within lwo (2) weeks.
St. Patrick's Catholic Church
.f
B4-Bg-1996 94: B~PM
FROM LYI,ICH,G~-ENI.EAF & FII~ TO ~65I~E~ P.B2
This gre~.tly con,eras our entire p~rish as ~he pa=k/ng lot and
hall are an intrioal and necessary part of our church.
We unders~han~ that t. hts is being done by the Iowa City City
Council becauae of ove~:buildtng in th~ downtown area wb/oh has
brought about a parking shor~-age. We, o£ course, do n~t
~!-.d.e~s~a~t why ~ha~ ~=or ol ovorbuiltn~ is ~i~ co~de~
~g our park~g w~ch is so i~r~ to us.
Robert Busher
TOT~_