HomeMy WebLinkAbout1996-07-02 Info PacketJune 14, 1996
Memoranda from City Manager:
a. Fiscal Year 1996 Hotel/Motel Tax Receipts
b. Building Code Enfomement- Insurance Industry
c. Downtown
d. Annual Fuel Contract
Memoranda from City Clerk:
a. Third Revision to Summer Meeting Schedule
b. Council Work Session, June 3, 1996
Memoranda from Director, Planning and Community Development:
a. Wolf Rezoning Request - Old Highway 218
b. Landfill Leachate Lift Station ,
Memorandum from Assistant Director, Planning and Community
Development: June 3 Work Session Discussion/Highway 1 Traffic Signal
in ACT Vicinity.
Copy of letter from Director, Planning and Community Development, to
Charles Mullen: Elks' Golf Course.
Copy of memorandum from Director, Public Works, to City Manager:
South River Corridor Sewer - Construction Progress.
May 1996 Building Permit Information.
Agenda of the June 13, 1996, Johnson County Board of Supervisors
formal meeting.
Invitation from Keith Ruff, Evert Connor Rights and Resources Center for
Independent Living: June 17 forum.
Copy of article from IAMU May/June 1996 Newsletter: Top Five Cities
All Have Public Power. (Schmadeke/Atkins)
Copy of article from The New York Times, Sunday, June 2, 1996: Can
New Urbanism Find Room for the Old? (Norton)
Copy of article from The New York Times Book Review: Zoning Out the
Poor. (Norton)
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 11, 1996
City Council
Steve Arkins, City Manager
Fiscal Year 1996 Hotel/Motel Tax Receipts
The City of Iowa City received their last quarterly hotel/motel tax receipt recently. The actual
total received for fiscal year 1996 is $461,445. Attached is a 13-year history and distribution
of moneys.
Attachment
6il 1/96 Total Hotel Motel Taxes
Convention Bureau Mercer Park
Total Hotel / Motel (25% less Arts/Jazz Police Patrol Aquatics
Fiscal Year Tax Festivals) Festivals 50% 15%
FY84 99,126.97 24,781.74 49,563,48 24,781.75
FY85 ~ 32,835.90 33,206 98 66,417.94 33,208.98
FY86 210,541.77 52,635.45 105,270.88 52,635.44
FY87 219.714.72 54, 928.68 109,857.36 54,928.68
FY88 242,520, 76 60,630.19 121,260.39 43,653,74
FY89 209,655.20 52,413.81 104,827.59 31.448.28
FY90 222.860,67 55,715.23 111,430.43 33,429.13
FY92 328, 152,94 82,038.24 164,o76.46 49,222.94
· FY93 306.198.76 76,549.70 153,099.38 45,929.81
FY94 427.228.62 106,807.16 213,614.32 64,084.29
FY65 456,633.85 114,158.45 228,316.93 68,495.08
FY96 46I ,445.27 105,361,32 10,000.00 230,722.63 69,216.79
*Percentage changed at November 1992 election from 5% to 7%.
7% tax first received in 3rd quarter payment, FY93.
Parkland
Acquisition
10% thru 1992
then 7%
16,976.45
20,965.52
22,286.08
33.714,$5
32,815.30
26,123.13
29.906.00
31,964.37
32.301.16
Parkland
Development
3%
4,496.75
12,816.86
13,699.02
13,843.37
HOTMOTEL.XLS
City of Iowa City
MEMORANDUM
Date: June 4, 1996
To: City Council
From: City Manager
Re: Building Code Enforcement -- Insurance Industry
The insurance industry is apparently planning to implement a system of report cards on a
nationwide basis to tell how well local officials enforce building codes. The attached article is self
explanatory. With the insurance industry getting involved, we may find a new an~l likely very
interesting poiitical perspective developing out of this ongoing debate of code enforcement. The
initiative is being undertaken following the huge losses incurred by Hurricanes Hugo and Andrew.
We will wait and see.
bCl-6CM
oeckh
16, 1996
Carlton Johnson
A.W. Insuranco Croup
319 East Bloomington Street
Iowa City, 1A 52244
FAX: 319-338-19~9
Dent MI'. Johnson:
In January 1994, the Did You Know section of the Boeckh Factor ineludefl a bit on $e
enforcement of building codes. Julie Flinttop mentioned you were interested in any
additional.infonn~ion concerning this topic. I have included an article that should
inforn~tiv¢ and help~ to you and your client.
Thank you ibr your interest in our n~wsletter-- inquiries and comments concerning the
Boeckh Factor are always welcome.
Sincerely,
Christina Meredith
Boeckh Factor FAitor
A M?~.hell Ial~m#douM Company
2885 South Calhoun Road · P,O. Box 510291 · New Bedln, WI 53151-0291
414.780-2800 · 800.~85-I288 a FAX414-780.0306
NATIONAL UNDERWRITER lg~cn 11, 1996
Building Code Uuderwrifiug
Set To Be ! aunched On May I
O~lVhy I, im'ur~rsinthr~sm~
Florida, North Carolha mud South
C~ollna--will be abte to use a va~,g.
ne~ and mfo~t of buildi~
The slm't'cm4e Building Code
grade and enforce findr munidpal
bu/ldiu~. cod~s, which could m~u
that fadli~s are betur able ~o with-
Tl~e sc~edde ~ ~a'~a~d by th~
NewYurk-based~c~ Services
Ot~c~
Those comm~-,ities rece/ving a
lOb-for "no reco .ffqi.'zed protee-
. tioIf-,-~121 no credit, while mll-
uieipalttlus receiving higher ra~ugs
(up to a l--f~r "best" or "full corn-
The schedule assigns a v~lue ~o a
COmmlzlfi~y~s building code enforce-
decidingwhether to awa,-d p~cm/um
crediu.
The concept f~r the raving
arose ff~v. rHurriemeAn&ew, when
a large peaee~tai~ or,he lo~e~
~ecl by im'uzers w~ am4huted m
~oorly ~Oreed hiltting codes, a~
cording to ISO rcpr~wnm~.
"A lot of in~u~ed lou could hav~
be~n prevented--about
of it, ff mo~e s~czures, e~pecially
single detached houses~ had bern
bufit to the s~ttbrds of the building
co&s," EO's dir~or of
Guid~,, said of Hu~dmne~9
d~mgfion.
F~r instance, poor building code
enforcement lud to the hinge of
crushed home~ alonl~side one
in H~.o.m~m~ ~ fadngumcathed
dwell~l~ on th~ other ~e of the
~t. according to ~0.
Every community in the country
should be ~at~d ~Jan. 1, 2000,
cording to U;O.
ISO's ~ve-phase rev/~w of states,
wht~ began wkh Flor/da, North
Carolina and South Carolina, con-
tinues with nin~ st~t~s this y~-.
Ahbama, Dehware, Ge~rgia,,'vLary-
land,/V~.~achus~tts, New
~b~e, NewJe~ey, P~c Ialand and
Teaa~. 0
City of Iowa City
MEMORANDUM
TO: City Council
FROM: City Manager
DATE: June 13, 1996
RE: Downtown
thought you would get a kick out of this recent promotional piece
received.
WE ARE NOW
DOWNTOWN!
":' ':.'~ :HELLO'":.'7: '~
WE HAVE MOVED O~ OF THE O~ C~ITOL ~
AND ARE NOW AB~ TO SAVE YOU ~EN MORE MON~
ON DIAMONDS, ORIGINAL DESIGNS AND MOREl
City of iowa City
MEMORANDUM
Date: June 14, 1996
To: City Council
From: City Manager
Re:
Annual Fuel Contract
Bids were received for the FY97 fuel contract. An award has been made to Consumer
Cooperative Society. Overall pricing to the City will remain approximately the same as FY96.
The City purchases 532,000 gallons of fuel per year at a budget of $442,000. The City bids
a vendor margin rate that is added to a publi,shed cost of a barrel of oil adjusted on a weekly
basis. This method provides a fair price to the City and vendor in a fluctuating market.
The contract is used by all City departments and in addition there are cooperative agreements
with various departments of Johnson County, Iowa City Schools and University Heights to
utilize the City fueling facility.
City of iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
June 14, 1996
Mayor and City Council
Marian K. Karr, City Clerk
Third Revision to Summe,r Meeting Schedule
Please be sure to mark your calendars to reflect the following revised Council meeting schedule
for July and August:
Startinq Time of Work Sessions and Formals Change to 7:00
July 1 - 7:00 Work Session
July 2 - 7:00 Formal
July 15 - 7:00 Work Session
July 16 -7:00 Formal
NO MEETINGS SCHEDULED FOR THE REST OF JULY
August 5 - 7:00 W~,rk Session
August 6 - 7:00 Formal
August 26 - 7:00 Work Session
August 27 - 7:00 Formal
Meeting schedule returns to every two weeks thereafter.
cc: Department Directors
City of Iowa City
MEMORANDUM
Date: June 12, 1996
To:
Mayor and City Council
From: City Clerk
Re:
Council Work Session, June 3, 1996 - 6:30 p.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Baker, Kubby, Norton, Thornberry,
Vanderhoef. Absent: Lehman. Staff present: Atkins, Helling (7:05 p.m.), Woito, Karr,
Franklin, Dollman, Schoon, Schmadeke, Fowler. Tapes: Reel 96-67, Side 2; 96-69, All; 96-
70, All.
Meeting transcriptions are available in City Clerk's Office upon request.
REVIEW ZONING MATTERS:
Reel 96-67, Side 2
PCD Director Franklin presented the Planning and Zoning Commission items for discussion:
Motion settinQ a public hearinq for Julv 2 on the desiqnation of 37 properties as Iowa
City historic landmarks.
Franklin stated Council will receive more information prior tothe July 2 public hearing.
Kubby requested information regarding the impact of the historic landmark ordinance
on Park Place hotel.
Motion settincl a public heanncl for July 2 on an ordinance amendinq the Zoninq
Chapter by rezoninq the followinq properties located in Iowa Citv, Iowa, and owned
by The University of Iowa to P, Public: 1 E. Park Road IRNC-20), 234 N. Madison
Street (RM-44), northwest corner of Dubuque and Church Streets (RM-44), 230 N.
Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue (RS-5), 421
Melrose Avenue (RS-5), 315 Melrose Avenue (RS-8), 121 Grand Avenue Court (RS-8),
127Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Hwv
218 S. (I-1).
Public hearinq on an ordinance amendinq the Zoninq Chapter bv conditionalIv rezoninq
a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Commercial, for property
located east of Sunset Street on the south side of Hiqhwav 1. (Rubpert/Wisdom
Development GrouD/REZ96-0006)
Franklin noted the applicant has requested the public hearing be continued to June 11.
2
Ordinance amendincl City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay
Zones," by creatina a new overlay zoninq district entitled "Desiqn Review Overlay
Zone." (First consideration)
Franklin noted the Design Review Committee has requested this item be deferred to
July 16. Design Review chair Martin Haynes presented information about Design
Review Committee deliberations.
Ordinance amendinq the Zonina Chapter bv rezoning a 1.79 acre tract from CC2,
Community Commercial to OSA/CC2, Sensitive Areas Overlay/Community Commercial
Zone and approval of a preliminary Sensitive Areas Development Plan for propertv
located at the intersection of SturcliS Corner Drive and Hiqhwav 6. (Anderson/
REZ96-0008) (First consideration)
Ordinance amending the Zonin~ Chapter to chanqe the use re.qulations of a 3.09 acre
tract from RS-5, Low Densitv Sinqle-Familv Residential, to OPDH-5, Planned Develop-
ment Housinq Overlay, and approval of a preliminary OPDH plan for property located
on the north side of Villaqe Road. (Villa.qe Partners/Frantz/REZ96-0004) (Pass and
adopt)
Resolution approvinq the preliminary plat of Villaqe Green, Part XIV, Iowa City, Iowa.
(Villaqe Partners/Frantz/SU B96-0002)
AIRPORT HANGAR:
Council agreed to defer agenda item #5 to June 11, 1996.
ACT/NORTH DODGE STREET:
Reel 96-67, Side 2
PCD Assistant Director/Transportation Planner Davidson, Public Works Director Schmadeke,
City Attorney Woito presented information.
After discussion of options A, B and C, Council developed option C + as a variations of option
C.
Council requested information regarding the amount of land impacted by construction
easements, etc. for alternatives C and C+.
Davidson said he will report back to Council after evaluating alternative C + and meeting with
area property owners.
Staff Action: Davidson will get back to Council later in the summer. (Davidson)
ELKS PRESENTATION:
Reel 96-67, Side 2
PCD Director Franklin and Elks representatives Rex Brandstatter and Chuck Mullen presented
information.
3
Council said that they would look at the Elks proposal and consider no chemical usage, the
public benefit, the financial implications for both the City and Elks, and legal obligation
regarding public right-of-way.
Staff Action: City Atty. to evaluate legal obligation regarding public fight-of-way. Staff will
work with Elks to bring a complete proposal to Council, (Franklin)
"MONDAY FORUM" ICBD MERCHANTS) PRESENTATION:
Reel 96-69, Side 2
Jim Clayton, representing Monday Forum, presented information about the Monday Forum
recommendations and distributed the handout "The Monday Forum, dedicated to a healthy,
vital downtown Iowa City environment."
Council agreed to read the handout and schedule more discussion with the Monday Forum
group. Council asked staff to obtain information regarding interstate signage requirements.
Staff Action: Follow-up with IDOT and schedule for June 10 work session. (Atldns)
PARKING RATES:
Council considered inbreasing parking rates as follows:
Street ramp to $.50, and outlying meters to $.40.
Reel 96-69, Side 2
Chauncey Swan to $.40, Dubuque
Novick requested information regarding the comparison of City and University of Iowa permit
and meter rates.
City Manager Arkins stated he will prepare a proposal based on the Council's discussion,
forward that proposal to the Downtown Association for review, and get back to Council.
Staff Action: Information provided to Council for discussion at June 10 meeting. (Atkins)
HOLIDAY ENFORCEMENT: Reel 96-70, Side 1
Parking and Transit Director Fowler and Parking Manager Dollman responded to Council
comments concerning the City's policy on recognized holidays for parking enforcement.
Councd agreed not to change the holiday enforcement policy, and directed staff to ask PATV
and the Human Rights Commission to do more about holiday recognition and participation.
Staff Action: Staff will follow up. (Helling)
WORK SESSION MEETING TIME: Reel 96-70, Side 1
City Clerk Kerr provided information. Council agreed to schedule the work session and formal
meeting times to begin at 7:00 p.m. beginning July 1.
COUNCIL AGENDA/TIME: Reel 96-70, Side 1
4
10.
11.
12.
13.
14.
(Agenda Item //12 - Capitol Street parking ramp maintenance). Novick requested
information about the Capitol Street parking ramp maintenance and repair project.
Fowler explained those repairs include fixing concrete spails, removing loose and bad
concrete, installing a membrane over levels B and C, repairing control joints, and
providing bird netting. Fowler noted a report regarding aesthetic improvements to both
ramps will be forwarded to Council soon.
(Agenda Item #2d(6) - dedication of additional right-of-way along Barrington Road in
Windsor Ridge subdivision.) In response to I(ubby, Woito stated that she will check
on the responsibility for maintaining the sign and property.
Vanderhoef noted that she often received design review minutes two to a packet and
late.
(Agenda Item #2d(1 ) - Blimpie and Uncommon Grounds temporary use of public right-
of-way.) Venderhoer noted her satisfaction with the sidewalk care information.
(Information Packet memo from Fire Chief Rocca re: Fire School) Vanderhoef stated
she would like to attend the workshop scheduled June 19.
Vanderhoef noted that she plans to attend the Chamber of Comm. erce "Never Fear,
Never Quit" conference scheduled in August.
Venderhoer inquired about Council attendance at the National League of Cities Denver
meeting in September.
In response to Novick, Arkins stated that the travel policy has been drafted and will
be presented to Council shortly.
In response to Thornberry, Atkins stated that information regarding the intersection of
Kirkwood and Gilbert Streets ~s in the Council packet.
In response to Thornberry, Arkins stated that a memo is being prepared regarding
moving the forestry trucks at the cemetery.
Norton inquired about the agenda for Thursday's joint Council, Coralville, Board of
Supervisors meeting. Novick stated that Highway 965 and transit issues are on that
agenda.
Norton raised concerns about the fencing requirements for sidewalk cafes and outdoor
service areas. City Clerk Karr provided information. Council agreed to discuss fencing
requirements when the sidewalk care ordinance is reviewed this winter.
(Agenda Item #2e(1).) Kubby requested information regarding pick up of refuse for
apartment complexes with four or more units. City Attorney Woito stated staff is
working on the issue.
Kubby requested that City staff contact Seth Crist regarding his bicycle theft.
15.
16.
17.
18.
19.
(Agenda Item #2e(4).) Novick requested staff prepare a response to Zion Lutheran
Church regarding trucks at Oakland Cemetery.
Baker noted he cannot attend Thursday's joint meeting with Coralville and the County.
In response to Baker, Atkins stated staff is looking at residential issues in the CB-5
zone, conservation zones on the north side in the College Hill area, and density issues
in residential areas.
(Agenda Item //6 - CLAP.) In response to Novick, Atkins stated that he will obtain
further information regarding the housing rehabilitation grant application request,
specifically the $10,000 repair in one residence.
Thornberry noted that he will be talking about an article in the Press-Citizen .during
Council's formal meeting.
Meeting adjourned at 10:05 p.m.
City of Iowa City
MEMORANDUM
Date: June 13, 1996
To:
From:
Re:
City Council
Planning and Zoning Commission / ~,~ I,~
Karin Franklin, Director, P~'d~j~. ~'~
Wolf Rezoning Request - Old I~ig~hway 21 8
In April 1996, Robert Wolf requested the rez(~ning of approximately 20 acres from RMH to
M-1 in the County. As you will recall, the Commission and City Council recommended to the
Johnson County Board of Supervisors that this request be denied. In the letter transmitting
this recommendation, the Council supported the Commission position that a planned
commercial zoning of this property would be a more appropriate land use designation.
In response to this concern, members of the Board, the County staff, Mr. Wolf and I met to
discuss resolution of the land use issue. At the conclusion of our discussions, Mr. Wolf
agreed to consider amending his application before the County from M-1 to CP-2 (Planned
Commercial). The understanding was that the contractor's yard, which was in place on the
site, would be able to continue as a non-conforming use, but that no new contractor's yard
could be established in the CP-2 zone. Mr. Wolf needed to review the zone to determine if
an amendment was in his interest.
Upon review of the County zoning ordinance, Mr. Wolf decided to amend his application to
CH-1 {highway commercial); a copy of the zone is attached. The County Board acted
affirmatively on Mr. Wolf's amendment on June 13. An additional reading of the zoning
ordinance change will occur on June 20. Prior to the next reading, the Board was concerned
that the City be apprised of the amendment. They recognize that the comment from the City
advocated a planned commercial zoning, but hoped that the CH-1 zone would be seen as
preferable to the M-1 designation and would meet the intent of having a commercial zoning
on this site.
If you have any questions or comments prior to the June 2~) Board meeting, I would be glad
to relay those comments to the County. Alternatively, you may contact Board members
directly.
cc: Rick Dvorak, County Zoning Administrator
Attachment
8:1.16: CH District Use Regulations
29
8:1.16 CH District U~e Regulations. Premises in the CH-Highway
Commercial District shall be used for the following purposes
only:
Farms.
Public buildings and uses.
Hospitals, clinics, and institutions.
Churches.
Clubs and lodges.
Creameries and bottling plants.
Office buildings and studios.
Sale of goods and products at retail.
Filling stations°
Garages.
Banks.
Shops for repair and servicing of bicycles, typewriters,
electrical equipment and appliances, keys, and similar
articles.
Dressmaking, millinery, tailoring, shoe repair,
dry cleaning establishments.
laundry and
Furnace, heating, air conditioning, sheet metal, plumbing, and
tire shops.
Private schools.
Animal hospitals and clinics.
Truck terminals.
Undertaking establishments.
Parking lots.
New and used car sales.
Restaurants, tea rooms, cafes,
and all
similar establishments.
Theaters, provided that the location of any outdoor theater be
approved by the State Highway Department°
Hotels, motels, auto courts or motor hotels providing 2000
square feet of lot area for each hotel, motel, auto court or
motor hotel unit; providing 20 feet or more between buildings;
providing lavatory, toilet and tub or shower, hot and cold
running water, and at least 200 square feet of floor space in
each unit.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 13, 1996
Karin Franklin, Director, PdD
Landfill Leachate Lift Station
In early 1994, the City Council had a discussion pertaining to the size and location of the landfill
leachate lift station. This discussion was precipitated by the need to plan for the lift station's
location and to undertake the design of the lift station. The issue before the Council was whether
to locate the lift station south of the landfill closer to Robrot Road or locate the lift station near the
south boundary of the landfill site. This locatiohal decision was important because it had
implications for sewicing a larger area than just the lift station. The question was whether the
City Council wished to amend their growth policy to indicate that the City would, at some time,
provide sewer service to a watershed west of the current Iowa City corporate boundaries. This
question was very similar to the question that is currently being discussed regarding the alignment
of Highway 965. At that time the City Council agreed that the growth area boundary which was
in place should be maintained and the appropriate location of the lift station was on the landfill
property. Having made that decision, the decision regarding the lift station's size followed, which
was to size the station to serve the landfill but not to serve the larger watershed.
Subsequently, the Public Works Department designed, and is in the process of constructing, the
lift station based on the City Council's decision. This project is approximately 90% complete. The
item which is subject to public headrig on July 2, 1996, is the force main which will run from the
lift station to the trunk line which serves the County property housing Chatham Oaks.
cc: Chuck Schmadeke
Rick Fosse
City of Iowa City
MEMORANDUM
Date: June 6, 1996
To:
From:
City Council
Jeff Davidson, Asst. Director, Dept. of Planning&Community Development
Re:
June 3 work session discussion/Highway 1 traffic signal in ACT vicinity
This memo will serve to confirm how staff will proceed following our June 3 discussion.
Chuck Schmadeke and I will evaluate the so-called "C+" alternative alignment which
Council tentatively indicated a preference for. We will also stake the centerline of the
proposed artedal street extension down to where it would intersect with the proposed
extension of First Avenue. Although construction of the east-west arterial between Dodge
Street and Scott Boulevard is not scheduled for several years, we do wish to identify a
possible right-of-way, since we will be extending a finished water line through this area
from the new water plant to the City's water storage facility on Rochester Avenue.
Installation of this water line in the proposed right-of-way does not encumber you to build
the road in the future. This is still subject to your annual Capital Improvements Program
decision-making.
We will meet with the impacted property ownera in the area to make sure they are fully
informed about the proposed "C+" alternative. We will also need to discuss adjustment
of the City's right-of-way through ACT property, as we are relatively certain the C+
alternative is not feasible without some adjustment to the right-of-way near the Larson-
ACT property line.
We will prepare a brief summary of the construction impacts of the C alternative versus
the C+ alternative.
We intend to bring this matter back to you for consideration later this summer. Please give me
a call at 356-5252 if you have any questions.
CC:
Steve Atkins
Chuck Schmadeke
Rick Fosse
Karin Franklin
ACT Area Residents & Businesses
June 11, 1996
Charles Mullen
321 E. Market St.
Iowa City, IA 52245
CITY OF I0 FVA CITY
Dear Chuck:
After.the July 3 meeting of the City Council and discussion of the relocation of the Elks' golf
course holes in the lowlands of the Peninsula, I thought it would be useful to summarize what
we believe were the conclusions of the City Council. They indicated a willingness to consider
relocation of the golf holes in the lowlands if three conditions were met. The first condition
is that no chemicals be used to maintain any part of the course located in the lowlands.
Secondly, any costs attributable to the golf hole relocatJon will be borne entirely by the Elks.
This would include paying back HUD and any mitigation in the wetlands required by the Corps
of Engineers. The last condition relates to the public benefit. Councilor Baker stated that he
would need to have a public benefit articulated before he could consider the relocation of the
holes. This statement could come from the Elks; however, I believe the Council will need to
articulate that benefit for themselves.
Other items which came up during the meeting or have come up in conversations since
include a clarification of the liability the Elks or the City would have if the groundwater were
contaminated by any practice of the Elks. In conversation with a single Council member since
the meeting, a desire was expressed by this Council member that the Elks grant the City an
easement for the well access road at no cost to the City. This item was not discussed at the
meeting so I do not know whether this sentiment is generally held by the Council.
Based on these conditions, it appears that some arrangement can be worked out for use of
the lowlands for golf holes. However, the cost of meeting these conditions may be greater
than the option of locating the holes on the upper terrace. Obviously, there is still much to
be negotiated on this issue. After you and your colleagues in the Elks have had a chance to
consider the Council's response, please contact me and let me know how you would like to
proceed.
Karen Franklin, D~rector
Department of Planning & Community Development
cc: City Council ~
City Manager
410 EAST WASHI/'/OTO?i STREET s IOWA CITY. IOWA $22,10-1E~6 · (Ei9) 3~16-5000 · FAX I:119)
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
June 11, 1996
Steve Arkins
Chuck Schmadeke
RE:
South River Corridor Sewer- Construction Progress
The City's Contractor for the South River Corridor Sewer Project, Park
Construction, began pipe laying operations north of Napoleon Park adjacent to
the Crandic Railroad Tracks. This work began on April 15, 1996. Park
Construction installed approximately 1400 feet of pipe northeasterly adjacent to
the railroad right-of-way until persistent rainfall made pipe installation impossible.
The pipe trench was in a silty clay area that has remained water-saturated since
the heavy rains in May.
On May 28, 1996, as a result of the saturated soil condition, Park
Construction moved their pipe laying operation to the south end of Napoleon
park where sandy soils exist. As of today, 800 feet of pipe have been installed in
Napoleon Park. Rainfall at the present location has little or no effect on pipe
laying operations.
Park's subcontractor, C & L Development, continues to work on
junction structure #3 at south Napoleon Park. Present scheduling calls for 84"
sanitary sewer installation through Napoleon park to be complete by July 1,
1996. Park Construction will then move back to their prior location and install
pipe through Winebrenner Ford by July 25, 1996 then up Waterfront Drive to
Country Kitchen by August 23, 1996. They will then move to the south
wastewater plant and start laying 96" pipe to the north.
During the next 3 months, noticeable areas of disturbance shall
include a sanitary sewer jacking pit at the intersection of Highland Avenue and
Gilbert Street, and Waterfront Drive from Winebrenner Ford to Country Kitchen.
Due to weather conditions and archeology delays, the contractor is presently
behind schedule approximately 6 weeks and a new construction schedule
reflecting delays shall be received by July 1, 1996. With the aggressive nature of
the original schedule provided by Park Construction, this project should still close
out prior to the specified finish date.
/'Z' /17 ? / ?Z
FOLLOWING IS ~
]~EST DOCUMENT AVAILABLE
I_~~]l,'~\l R.\I\ D\x. lxL~! \~\~:
!'~ \\ \I!D ;Rix,('l!!x.x.\ ,., \
TOP: SHALLOW ROCK EXCAVATION
AS PIPE IS INSTALLED
BOTTOM: INSIDE VIEW OF
INSTALLED PIPE
I';Iq. :\~;I \1 I_\110~, \i..\i~ ¢~i; I~1 ~.
P1PE CONSTRUC'l'ION
WILSON CONCRETE PIPE PLANT
DEEP ROCK CUTTING OPERATION
NAPOLEON PARK
BUILDING PERMIT INFORMATION
KEY FOR ABBREVIATIONS
CITY OF I0 WA CITY
Type of Improvement:
ADD Addition
ALT Alteration
DEM Demolition
GRD Grading/excav.ation/filling
REP Repair
MOV Moving
FND Foundation only
OTH Other type of improvement
Type of Use:
NON Nonresidential
RAC Residential - accessory building
RDF Residential - duplex
RMF Residential - three or more family
RSF Residential - single family
MIX Commercial & Residential
OTH Other type of use
ADD NON I 0 $ 20?280
BLD96'0281 UNITED TECHNOLOGIES 2500 HIC~qWAY 6 ~
AUT(L~qOT I VE
16' X 24' BUILDING FOR E~CTRi~SLL SWITCHGEAR ROOM
ADD NON 1 0 $ 14400
BLD96-0010 WI~k~)Y'S 840 S RI%r~IL~IDE DR
INSTALL PAY STATION DRIV~'b'P WINDOW
ADD NON 0 0 $ 4800
ADD NON permits: 4 $ 239608
BLD96-0230 GILEGORY CILEK 404 BROWN ST ADD
13'6" x 14' SC'R~ PORCH, 17'6~ x 14' DECK ~D THP. EE STORY ADDITION
0 0 $ 200000
BLD96-0192 ANN & IVER CAI.9~$ 1033 WOODLAWN
01~ AND TWO STORY ADDITIONS
A~D RSF 2 0 $ 130C00
BLD96-0258 PHIL GABE/PAT 603. GRA~T ST
£DWARDS
14' x 24' ROOM ADDITION
BLD96-0222 ~'~ND PAGLIAI 6 GILHOP. E C£
24' X 24' ATTAC~D GAUGE
BLD96-0220 CLARA SWAN 508 C~RC~ ST
10' X 20' KITCHEN ADDITION
BLD96'0201 NORBERT
R(X~4 ADDITION
1833 GLENDALE RD ADD RSF I 0 $ 15000
BLD96-0211 JAMES NEPOLA
SCREEN PORCN
355 BUTTERNUT ~t ADD RSF 1 0 $ 14150
ADD RSF 1 0 $ 12000
BLDq6-0208 JAY A NELSON 811 ORC~ ST
16' X 2~' ROOM ADDITION
BLD96-0218 RICE VOSS 712 OAFd~D AVE
14' X 20' BEDROOM ADDITION ~ 8' X 20 WOOD DECK
ADD RSF 1 0 $ 10000
BLD96-0223 BARBARA GORVIN 2215 D ST
14' X 24' ROO~ADDITION
ADD RSP I 0 $ 9000
Page. 2
From. 08/01/86
43 WAKEFIELD CT ADD RSF ! O $ 9000
BLD96-0210 ED & TA~4! RING 3016 RADCLIFFE
11' X 16' PATIO ROOM
ADD RSF 1 0 $ 7660
ADD RSF 1 0 $ 3803
ADD RSF 1 0 $ 3000
ADD RSF 0 0 $ 2500
ADD RSF I 0 $ 2000
BLD96-0276 KAREN STA~
14' X 16' DECK
2018 GRANTWOOD ST
ADD RSF 0 0 $ 1950
BLD96-0278 BRUCE MCDON;~LD 322 WINDSOR DR
21' x 20' WOOD DECK
ADD RSF 1 0 $ 1700
BLD96-0273 CHRIS KATFIELD
12' X 16' DECK
524 3RD AVE
ADD RSp 1 O $ 1600
BLD96-0196 6qJDY CLAPP
';" X 9' WOOD DECK
620 2ND AVE
ADD RSF 1 0 $ 1125
ADD RSF permits: 23 S 532449
BLO96-0057 THE TALBOTS, INC 201 S CLINTON ST
REMODEL INTERIOR ~ STORE FRONT OF RETAIL BUSINESS
3LD96-0205 MERCY MEDICAL PL~ 500 JEFFERSON ST
I k~TER I OR REMODEL
BLD96-0247 ML~E BROWN
NEW TRUSSED ROOF
605 N DODGE ST
ALT NON I 0 $ 166000
ALT NON 0 0 S 70000
ALT NON I 0 S 18000
ALT NON 0 0 $ 6000
ALT NON 0 0 $ 5000
CITY OF IONA CITY
EXTRACTION OF BUILDING PERHIT DATA FOR
CENSUS BUREAU REPORT
No. IHpr Use
465 HIGHWAY I WEST ALT NON 1 0 $ 4000
A~T NOR 0 0 $ 1700
ALT NON pera/ts: 9 $ 272200
AL7 RDF 0 0 $ 3000
A~T RDF 0 0 $ 750
ALT P~4P 1 0 $ 45000
ALT P, MF 2 0 $ 9000
3LD96-0266 MIKE COOPER 308 N CLINTON ST
REMODEL EFFICIENCY APARTI~TTO77~£E BEDROOMS
AJ~T RMF 0 0 S 9000
515 E BURLINGTON ST
ALT RM¥ 0 0 S 4000
ALT PJ4F 0 0 S 3500
0 0 $ 1200
From- 05/01/96
To 05/31/96
NO. ~mpr Use
ALT RSF ~ 0 $ 20000
ALT RSF 0 0 $ 7739
RLD96-0239 $W;%RTZENDRLg{ER LBR & 632 NORTHWOOD DR
CONST. CO
ALT RSF 0 0 S 5850
ALT RSF 0 0 S 3000
125 POST RD ABT RSF 2 0 $ 3000
ALT RSF 0 0 $ 1500
BLD96-0269 DALE & LINDA SCiYI'T 1116 TEG DR
INSTALL BEDRGC,q IN BASEMENT
ALT RSF 0 0 $ 1000
0LD96-0228 ARDY S{~%LL 25 N VAN BbT~EN ST ALT RSP 0 0 $ 800
INSTkLL FRONT D(~)R A{{D INSTALL DIVIDER WALL IN LIVING ROOM
3LD96-9111C~3RCH OF LA~£R DAY 2J30 BP~%DFORD DR FND OTH 0 O S 25030
SAINTS
121' OF CONL~RETE RETAINING WALL
FND OTN permits: 1 $ 25000
8LD95-0718 MELROSE INn;ES%~4ENTS MORMON TREK VILLAGE GRD OTH
SITE GRADING A~ EROSION CON'CROL FOR MO~N TREK VILLAGE IOWA CITY IOWA
0 0 S 0
BLD96-026) pAM EH~ ........ GIlD OTH 0 0 $ 0
WEST BANK OF RALSTON CREEK BETWEEN SHERIDAN & RR TRACK
GRD (Y~H peruits. 2 S 0
BLD96-O191 WALTER JOH,AR, SON 602 OAKLAND AVE
24' X 24' DETACHED C-%%RAGE
NEW RAC 1 0 S 7300
ffage: 5
· Dace 06/12/96
From- 05/03/06
To. : 05/31/96
EL096-0214 ](AREN ~TER 900 DEFO~$T AVE
BL006-0229 GEORGE BERG 1406 YE~ ST
12' X 16' DETACIiED STO~E $~D
~ ~C 0 0 $ 1000
NEW RAC permits: 5 $ 17800
BL096-0~38 MCCREEDY- TAYLOR 23SEEDY PARKWAY
CONST
S F D. WI~74 TWO CAR GARAGE
ELD96-0280 MCCREED¥-TAYLOR 709 ARLINGTON DR
S.F.D. WITH TWO CAR GARAGE
NEW R~F 1 I $ 204116
CONSTRUCTION
S.F.D. WITH T~{O CAR GARAGE
NEW RSF 2 1 $ 173389
BL096-0243 DA~E & MARSHA GRADY 1605 TEG DR
S.F.D. WI~H TWO CAR GA~E
BL096-0248 S & H BUILDERS 4001 I.J%q~DO DR
S F.D. WITH /7{O CAR Gi~L%GE
NEw RSF 2 1 $ 147995
BLD~6-0226 DAN & MARY 420 GALWAY DR
DARCHENERITBR
S F D WITH THREE C3%R GARAGE
NEW RSF 2 I $ 132958
BL096-0240 DUFFY BUILDERS 24 EARRINGTON PL
S.F D wriT{ TWO CAR GARAGE
NEW RSF 2 1 S 131714
BL096-0173 BOB & CHERYL RF~N 54 SL~ER~NT; PL
$ F D WITH TWO CAR G3~GE
BL096-0235 HOMEBUILDERS ASSOC. 1010 BRY;%N CT
$ F.D WITH TWO CAR G,~RAGE
NEW RSF 1 I $ 124900
BL096-0250 D ~ L CONSTRUCTION 1446 WILD PRAIRIE DR
S F D. WITH ~O CAR GARAGE
NEW RSF 1 1 $ 121102
BL096-0185 DONALD BROWN 1409 BURESH AVE
S.F D. WI~ TWO CAR GA~d%GE
Pa9e: 6
Dace: O6/12/96
From: O5/01/96
To..- O5/31/96
0 0 $ 250
BLD96-0242 C.J.G. ~AL~ 702 W~HING~ON ST
INSTALL SLOPED ROOF 0~R FLAT
RBp EMF 0 0 $ 3000
BLD96-0237 JEAn; MA~J%NNA 2219 H ST
FOUNDATION WAi~ REPLAC~,~NT
BLD96-O272 M.C. WAKER 21 GLEA~0N DR
19' K 12' DECK REPLACEMENT
BLD96-0275 RRODA CU~INGS
DECK REPAIR
PEP RSF 0 0 $ 11800
P~P RSF 0 0 $ 10200
REP RSF 0 0 $ 5864
REP RSF ! O $ 600
BLD96'O236 FA?RICK R ~IL 2872 STERLING DR
REPLACE FRONT STEPS
PEP RSF permits: 5
$ 29289
12 $ 3112488
Fzo~, Jo ~ogarky §-12-9~ 9,19au
p. 2 oil9
Johnson Count'
Don Sehr, Chairperson
Joe Bolkeom
Charles D. Duffy
Stephen ?. Lacina
Sally Slutsman
BOARD OF SUPERVISORS
June 13, 1996
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: canvass of votes for Primary Election and formal minutes of
June 6th.
4. Action re: payroll amhorizafions
5. 9:00 am. o Public Hearing on Zoning applications, Zoning Ordinances
and Platting applications:
a) First and Second consideration of the following Zoning
applications:
Application Z9612 o£ Richard and Nova Dannels, Swisher, signed
by Dean Bemnek of MMS Consultants Inc., requesting rezoning of
1.90 acres f~om Al Rural to RS Suburban Residential o£ certain
property described as being in the SW 1/4 of'the SW 1/4 of Section
7; Township 81 North; Range 7 West oFthe 5th P.M. in Johnson
County, Iowa (This property is located on the west side of
Greencastle Avenue NW, in the SW quadrant o£ its intersection
with Seneca Road NW in Jefferson Twp.).
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356~000
FAX: (319) 356-6086
Agenda 6-13-96
Page 2
Application Z9617 of Russel Schropp, Hiawatha, signed by
Marcus Villhauer, Oxford, requesting rezoning of 1.00 acres
A1 Rural to CP2 Planned Commercial of certain property described
as being in the SW 1//4 of the SE 1/4 of Section 8; Township 80
North; Range 8 West of the 5th P.M. in Johnson County, Iowa
ffhis property is located on the south side of Upper Old Highway 6
NW, approximately 500 feet east of its intersection with Highway 6
NW in Oxford Twp.).
Application Z9620 of Clair Doyle and Arlene Doyle,' Solon, signed
by Richard E. Tompkins, Jr., Solon, requesting rezoning of 0.84
am'es fom AI Rural to RS Suburban Residential of certain
property described as being m the NW 1/4 of the NE 1/4 of Section
9; Township 81 North; Range 6 West of the 5th P.M. in Johnson
County, Iowa (This property is located on the north side of 120th
Street NE approximately 1/4 of a mile east of its intersection with
Ely Road NE in Big Grove Twp.).
Application Z9621 of Gary Yoder, Kalona, requesting rezoning of
1.15 acres from A1 Rural to RS Suburban Residential of certain
property described as being in the NE 1/4 of the SE 1/4 of Section
25; Township 78 North; Range 8 West of the 5th P.M. in Johnson
County, Iowa (This property is located on the west side of
Highway I SW, approximately 1/2 mile south of its intersection
with 540th Street SW in Washington Twp.).
b) First and Second consideration of the following Zoning Ordinances:
An mnendment to the Johnson County Zoning Ordinance, Chap[er
8:1.33, Applications by adding a new paragraph III, Department of
Public Health Zoning Activities Fees, 1. Zoning Amendments, a.
For changes of any District to the A1, A2, A3, RS, RS-3, R1A,
R1B, or R2 Districts: $50 b. For changes ofany District to the
RMH, R3A, CI, C2, CH, C-AG, CP1, CP2, M1, or M2 Districts:
$50 C. For any modification to an application after its official
publication that is in the nature of a change that shall require
republication: no fee 2. Subdivision, a.
of ~
Agenda 6-13-96
Page 3
Combined preliminary and final plat: $20 / lot b. Preliminary plat:
$20/1ot for subdivision using private wastewater txeatment &
disposal systems (Johnson County Department of Pubhc Health
permitted); $10 / lot for subdivision using centralized wastewater
disposal system (Iowa Department of Natural Resources
permitted). c. Final Plat: no fee 3. Board of Adjustment, A.
Application for variance: no fee b. Application for special
exception: no fee c. For any modification to an application after
it's official publication that shall require republication: no fee 4.
No refund shall be made of any required fee accompanying a
required application once filed with the administrative officer.
An amendment to the Johnson County Zoning Ordinance: (a new
paragraph) Boundary Line Adjustments, Chapter 8:1.4 Definition
of Terms, adding Paragraph 13 Boundary Line Adjustment: The
adjusting of a common boundary line between two lots or parcels
which will not create a new buildable lot. and Chapter 8:1.22
Subdivision Regulations, Paragraph I. General Provisions, adding
Subparagraph 7 Boundary line adjustments exemption: A
boundary line adjustment between two lots or parcels with a
common boundary is exempt from the platting procedures of this
ordinance under the following conditions: the owners of the
common boundary submit a plat of survey prepared in accordance
with Chapter 354 of the Iowa Code and the Plat of Survey is
reviewed and approved by the following: A. Johnson County
Depa~hnent of Public Health, B. Johnson County Planning and
Zoning Department, C. Johnson County Secondary Roads
Department (if applicable), D. Homeowners' Association (if
applicable), E. Utility companies (if applicable). After review and
approval of above agencies and an endorsement by the Johnson
County Zoning Administrator, the plat shall be recorded in the
Office of the Johnson County Recorder. Chapter 8:1.33
Applications, Paragraph II. Fees, adding Subparagraph 5_(new
paragraph): Boundary line adjustment: $75 ~
Fro~, Jo Ho{arty
6-1~-96 9,19an
p.$
Agenda 6-13-96
Page 4
c) Discussion/action re: the following Platting applications:
Application S9528 of Rodney Robertson, Oxford, signed by Robert
Jansen, Iowa City, requesting preliminary and final plat approval of
Robertson Subdivision, a subdivision located in the N-W 1/4 of the
NE 1/4 of Section 32; Township 79 North; Range 8 West of the 5th
P.M. in Johnson County, Iowa (This is a 1-lot, 7.65 acre,
farmstead split, located on the north side of Black Diamond Road
SW, approximately 3/8 of a mile west of Calkins Avenue SW in
Hardin Twp.).
Application S9595 of Alma Ancia~ Estate, signed by Glen
Meisner of MMS Consultants Inc., requesting preliminary and
final plat approval of Pirkl's Second Addition, a subdivision
located in the NE 1/4 of the NW 1/4 of Section 20; Township 80
North; Range 6 West of the 5th P.M. in Johnson County, Iowa
(Tiffs is a 1-1or, 10.33 acre, farmstead split, located on the west side
of North Liberty Road NE, approximately 2.0 miles north of
Coralville in Penn Twp.).
Application 89612 of M & T Farm Account, signed by J. W.
Meade requesting preliminary and final plat approval of M & T
Meade Subdivision, a subdivision of certain property described as
being in the SW 1/4 of Section 5; Township 79 North; Range 7
West of the 5th P.M· in Johnson County, Iowa (This is a 3-1or,
20.0 acre, farmstead split, located on the east and west side of l-talf
Moon Avenue SW (l-lot on the east side and 2-lots on the west
side) at its intersection with 360th Street SW in Clear Creek Twp.).
Application S9619 of Gary Yoder requesting preliminary and final
plat approval of Old Homestead Subdivision, a subdivision of
certain property described as being in the NE 1/4 of the SE 1/4 of
Section 25; Township 78 North; Range 8 West of the 5th P.M. in
Johnson County, Iowa (This is a 2 lot, 3.32 acre, l-lot residential
and l-lot farmstead split, located on the west side of Highway #1,
approximately 1/2 mile south of 540th Street SW in Washington
IOWA CIYY C~ERR
[]oa, Jo Houar~ §-12-96 9,19am p. 6 of 9
Agenda 6-13-96 Page 5
5. Application S9623 of Richard Tompkins and Clair and Arlene
Doyle, signed by Richard Tompkins, requesting preliminary and
final plat approval of Broken Arrow Subdivision, a subdivision
described as being located in the North 1/2 of the NE 1/4 of Section
9; Township 81 North; Range 6 West of the 5th P.M. in
County, Iowa (This is a 1-lot, 3.24 acre, residential subdivision,
located on the north side of 120th Street NE, approximately 1/4
mile east of the Ely Road NE and 120th Street NE intersection in
Big Grove Twp.).
Application 89624 of Lindsey Estates Inc., signed by Rochelle
Hansen, requesting final plat approval of Lindsey Estates
Subdivision, Part Two, a subdivision described as being located in
the NW 1/4 of Section 15; Townsh/p 81 North; Range 7 West of
the 5th P.M. in Johnson County, Iowa (This is a 9-1or residential
with 2-outors, 46.59 acre, residential subdivision, located
approximately 1/4 of a mile east of the James Avenue NE and
140th Street NE intersection in Jefferson Twp.).
Applicahon S9627 of Stephen and Christine Bonsib, signed by
Christine Bonsib, requesting preliminary and final plat approval of
Stone Manor Subdivision (Resubdivision of Lots 58, 81, and 82 of
Cottage Reserve), a subdivision described as being located in the
North 1/2 of the SE 1/4 of Section 29; Township 81 North; Range
6 West ofthe 5th P.M. in Johnson County, Iowa (This is a 1-lot,
.59 acre, residential subdivision, located in Cottage Reserve in
Lake MacBride Park in Big Grove Twp.).
Application S9628 of Winthrop Gregor requesting preliminary and
final plat approval of Gregor's Subdivision, a subdivision described
as being located in the NE 1/4 of the NE 1/4 of Section 11 and the
NW 1/4 of the NW 1/4 of Section 12; all in Township 81 North;
Range 7 West of the 5th P.M. in Johnson County, Iowa 0'his is a
l-lot, 10.79 acre, farmstead split, located in the SW quadrant of the
120th Street NE and Hickory Road NE intersection in Jefferson
To~ I0~ CITY ~IZ~
p. 7
of 9
Agenda 6-13-96 Page 6
9. Application S9629 of Daniel Hays requesting preliminary and final
plat approval of Skyline Ranches Subdivision, a subdivision
described as being located in the NE 1/4 ofthe SW 1/4 of Section
28; Township 80 North; Range 5 West of the 5th P.M. in
Johnson County, Iowa (This is a l-lot, 8.00 acre, farmstead split,
located approximately 1/2 mile south of the Rapid Creek Road NE
and Wapsi Avenue NE intersection in GTaham Twp.).
10.
Application S9630 of David P. Poula requesting preliminary and
final plat approval of North Freedom Part II, a subdivision
described as being located in the NE 1/4 of the NW 1/4 of Section
19; Township 81 North; Range 7 West of the 5th P.M. in
Johnson County, Iowa (Tiffs is a 1-lot, 9.77 acre, farmstead split,
located 3/4 of a mile south of the Blain Cemetery Road NW and
Seneca Road NW intersection on the west side in Jefferson Twp.).
11.
Application S9631 of Glen D. Meisner requesting preliminary plat
approval of Chain Ridge Subdivision Part II, a subdivision
described as being located in the South 1/2 of the NW 1/4 of
Section 27; Township 81; Range 6 West of the 5th P.M in
Johnson County, Iowa 0tds is a 104ot, 56.73 acre, residential
subdivision, located at the southwest end of Pinebrook Avenue NE
in Big Grove Twp.).
12.
Application S9633 of Roy and Jannette Shramek, signed by
Jannette Shramek, requesting preliminary plat approval of Shramek
Subdivision, a subdivision located in the SW 1/4 of Section 7;
Township 81 North; Range 7 West of the 5th P.M. in Johnson
County, Iowa (This is a 4-1or, 26.00 acre, Not, farmstead split
and 3-1or residential subdivision, located on the east side of
Greencastle Ai/unue NW, approximately 1/4 of a mile north of its
intersection with Seneca Road NW in Jefferson Twp.).
6. Business from the Planning and Zoning Administrator.
p. 8 of 9
Agenda 6-13-96 Page 7
a) First and Second consideration of the following Zoning application:
b)
c)
d)
1. Application Z9616 of Robert and Erma Wolf, Iowa City,
requesting rezoning of 20.30 acres from RMH Manufactured
Homing to MI Light Industrial of certain property described as
being in the SE 1/4 of the SE 1/4 of Section 21; Iownship 79
North; Range 6 West of the 5th P.M. in Johnson County, Iowa
Ottis property is located on the west side of Highway 921, south
and adjacent to Colonial Lane Bowling Alley in West Lucas Twp.).
Final consideration of application Z9615 of Edward Poula and Leona
Poula.
Motion setting public heating.
7. Business from the County Auditor.
a) Action re:permits
b) Action re:reports
c) Action re:transferring from the General Basic Fund to the Capital
Expenditure Fund.
d) Other
§. Business from the County Attorney.
a) Report re: other items.
9. Business from the Board of Supervisors.
a) Action re: Frrst amendment to the FY 96 Agreement between Systems
Unlimited, Inc. and Johnson County S.E.A.T.S. for Transportation
services in the amount of $1,332.10 and authorize the Chairperson sign
contract.
b) Action re: FY 97 S.E.A.T.S. contract with Heritage Area Agency on
Agency in the amount of $12,343.00 and authorize Chairperson to sign
contract.
Agenda 643-96
c) Discussion/action re:
Page 8
resolution for stop signs to be installed along
detour mute while F62 (500th Street) is closed for bridge replacement
project STP-S-52(37)--5E-52.
d) Motion authorizing chairperson to sign contract and contractor bond for
bridge replacement project STP-S-5207)-5E-52 in the amount of
$512,030.50 with Iowa Bridge and Culvert, Inc.
e) Action re: fare for rural rides.
f) Action re: the following job descriptions for the Mental
Health/Developmental Disabilities Departrnent:
1. Case Manager Supervisor
2. Community Program Aide
g) Discussion/action re: fireworks permits.
h) Motion rescheduling the meeting of July 4, 1996.
i) Action re: administrative bargaining urdt grievance.
j) other
10. Adjourn to informal meefin~
a) County Engineer interviews (possible executive session to evaluate the
professional competency of individuals whose appointment, hiring,
performance, or discharge is being considered...)/discussion.
b) Inquiries and reports from the public.
Reports and inquiries from the members of the Board of Supervisors.
d) Report from the County Attorney.
e) Other
11. Adjournment.
Page:
1 From: Evert Con~er Rights & Resources Center fcr Indepe~ent Living Prepared: Thu, Jun 13, 1996 04:22
Evert Conner Rights and Resources
Center for Independent Living
20 Eas[ Marke[ Sireel, Iowa Ciby, IA 52240 · Voice and TrY: (319) 338-3570 · Fax: (319) 338-8385
June 13, 1996
To: Iowa City City Council
Dear Members of the Council:
This letter Is to inform you that on Monday, June 17 th from 10:00 to
3:00, the Conner Center is hosting the second half of a forum on
Systems Change Advocacy skills for po. rsnns with di~bilities. The
Conner Center is requesUng the presence of local elected officials to
serve on a panel as role models.
The topic of the forum Monday is the policy making process, from local
through federal levels. The persons attending have shown an interest
in working with their elected officials to both learn how to become
involved in legislatures and communicate the needs of persons with
disabilities when laws are being drafted.
Panel members can answer prepared questions, like:
Who do you represent? (What district? Local, state or national?)
Do you have a policy or platform on disability issues?
This may include health care, housing, transportation, employment,
ADA accessibility, etc.
How can we best influence your voting on disability issues?
What kinds of issues can you help us cut through "red tape"?
What is the best way to :ontact you? (phone, letter, fax, etc.)
Also comments on specific issues: What is your position on ...............
How do you intend to vote on ................ ?
Wa sincerely apologize far the short notice. If you are able to attend
or have any questions, please contact the Conner Center on Friday at
the number above, or Keith Ruff at 354-39 1 2 during the weekend.
Sincerely,
Keith Ruff
PAS/Peer Counselor Coordinator
FiLiNG DEADN,LINE
?s ROACHI G!!
J reminder, energ) efficiency plans
must be filed with the Iowa Utilities
Board by June 30, 1996.
'9~ If IAMU is writing and filing your plan,
~l~ Pulalc Poww A,woa~Jom naire ~mailed to you i.n March) ASAP!
National Conference If ,on are your own plan and are
JLtr~ 1~7-1~), Z996 filing through IAMU, please send your
completed plan to us by June 1, 1996.
Proconferenoe Seminars
~ t," ? Juna 14-15, 1996
?OP FIVE CITIES ALL
HAVE PUBLIC POWER
The ninth annual "Best Places to Live" as
selected by Money Magazine, indicates
that the top five (5) cities selected are all
.... ~...., . .~ :, -~ public power communities. The top
,, ~ · .~ . . ', · --_ five (5) commumties selected as a
result of the 1995 magazine's
survey are: Gainesville, Florida;
Rochester, Minnesota; Jackson-
ville, Florida; Seattle, Washing-
ton; and Ocala Florida. The
survey includes, among other
considerations, the cost of
living in a corntourney. Lower
rates from public power utilities
· . is a definite factor in the communi-
"' ,_:'i:' .'. :: ties rating. Also, local ownership
means local control. Public power com-
munities are known for high citizen
invoh'ement in running both the utility
and the city. Cit3zen's advisory boards
frequently serve to help communities
make the right decisions when it comes to
energy issues.
Source: "P&£ Briefs~, SF~, Inc. 04196
· 'Pa,~e; 12 ' '
If you have an). questions on writing
and/or filing your plan, please call the
Energy Services Division at 800/810-4268.
The Newsletter is published monthly to pro-
vide information to IAMU members on the
safe, efficient and reliable operation of mu-
nicipal electric, gas and water utilities. Con-
tributions from members and others which
advance this purpose are solicited and appre-
ciated. Address changes can be sent to IAMU,
6900 NE 14th Street, Suite 27, Ankeny, Iowa
$0021-8997.
Newsletter editor:. Pain Mercer
Telephone: 515/289-1999 FAX: 515/289-2499
This publication is designed to provide accu-
rate and authoritative information in regard
to the subject matter covered. It is furnished
with the understanding that the Association is
not engaged in rendering legal or other pro-
fessional service. If legal advice or other
protessional or expert assistance is required,
the services of a competent professional per-
son should be sought.
IAMU President ...........................Leon Rodas,
Spencer Municipal Utilities
Executive Director ...........................Bob Haug
General Counsel ..............Linda King Kading
Director Energ)' Elf. Services ... Randy Martin
Job Training & Safety Coord..... Larry Milroy
Business Manager .................. Jennifer Larsen
Can New Urbanism Find Room for the Old?
Now at a erossro=ds,
a movement devoted
to, neotraditlonal'
_su__burban projects
may be taking a
living up ~o ~ts name.
Zoning Out the Poor
How one town in New Jersey made itself safe for the middle class·
OUR ]'OWN
Race. Housing, and the Soul o! Suburbio.
By Dav~d L. Klrp. John P. Dwyer
and Larry A. Resenttat
llluslmled. 267 pp. New Branswick. N.&:
Rutgers University Press· $29.95.
By Robert Fishman
~'"~ THER American towns have been in.
~ B mous for their beauty, their Industries .
~ J or their prominent clUzens. This book Is.
'~:~' about a town famous for Its lawsuit.
Mount Laurel, N.J., Is an affluent suburb in-
cared only 10 miles from one of the poorest cities
In the United States. Camden, N.j.. but these
miles represent the longest distance in American
politics today. "Our Town" centers on one major
effort to bridge the chasm that separates urban·
poverty from suburban prosperity:' the legal
challenge to eacluslonary zoning that culminated
. In the landmark "Mount Laurel decisions." Thin'
book IS both an InspirIng account o! public Inter-
est law at Its best and a sobering assessment of,
how "the soul of suburbin" conllnues to resist so-.
In the lute 1960's, when Mount'Laurel was.
still largely rural, a group of black resideors --
some of whom could trace their ancestors back
to free blacks who had settled In the area In coin-
ninl times -- r~alined that rapid suburbanization.
would soon price many o[ ~hem out,o[ their-
homes: They had their own suburban dream. to
Our Town Is filled wlti local heroes, star t.
Jag with Ethel Lawrence. a South Jersey Rosa
Parks, who steadfastly held her neighborhood
coalltinn together through decades of disappoint.
meat. and Peter O'Connor, a pubIls Interest at-
torney who combined a commitment to jusllce
with the reseurceIulness of a real estate profes-
sleaal. They were Joined by a gallery el Judicial
heroes, New Jersey Judges who were ready to
tackle major issues that the United Stares
Supreme Court had refused to touch. In 1975 a
unanimous New Jersey Supreme Court ruled n
its landmark blount Laurel decision that not only
was Mount Lanrel's exclusionary zoohit corl-
trary to the New Jersey Constitution, but that all
the state's suburbs, even the most affluent. had
the obligation to' rowrite their zoning codes so
,thace'a fair share" of the reginn's poor families
could have the 6pportunlty to live there.
When Mount Laurel and virtually all the
other New Jersey suburbs Ignored or evaded the
court's robrig. Chief Justice Robert Wdemz led
his court to a further turning point of judicial ac-
tivism known as Mount Laurel 11 (1983). lhls
120-page ruling went beyond outlawing exclu-
sionary zoning to mandating the construction of
affordable housing in suburbs that lacked tie~r
_ "fall share'"of the poor. Builders ready to con-
street such housing could now override local op-
position by seeking rapid approval from special
"Mount Laurel Judges."
But the Supreme Court's dramatic intonave
prompted the State Legislature to come up wlti a
coinpromise plan. Including milder penallies and
ample loopholes. In 1985 the cant t surrendered--
~-use*government.tunds. to,knock.dbwn_a.slum _zoo. easdy, in the aulhors' Judgment -- lite re-
where people, still lived In converted chickent' markable powers it had assumed In Mount Lau-
coops end construct a modest 36-unit garden
apartment as"affordable housing." - - :
But the'thwn had a dllferent suburban:
dream. one in which poor people had literally no
place. The whole township had already been.
zoned for substantial singin-family houses oniy,~
and the towll coneell refused to groota varinece.~
As the Msyor, Bill Haines, told the group in 1970.,
"If you people can't afford to live to our town,'
then you'll Just have to leave." - . . .;,
The Mayor had made a serious blunder: He~
had told the truth, and thus exposed the exclu-
sionary bias behind his town's regulations. But
can a maniclpalHy zone out the poor? in 1970,;
ample precedents from both the UnRed States
and the New Jersey Supreme Courts supported
Mount Laurol's right to exclude· This did not{
deter the reformers. They embarked on a seem-:
ingly hopeless lawsuit that would transform,
land-use law throughout the state and beyond it:
In the next two decades. AS David L Klrp. John'
P Dwyer and Larry A. Rosenthal put It. the'
Mount Laurel decisions would become "the Roe
v. Wade o[ /aft housing. the Brown v. Board o[
Education of exclusionary zoning."
1he authors are experts in the technicalities.
- of innd-ese law. (Mr. Klrp Is a prolesser of public
;pollcy. Mr. Dwyer a professor of law and Mr.',
, Rosenthal a lecturer in tie Graduate School of
Public Policy. all at the Unlverstly of California,!
Berkeley.) Yet they write with clarity and passion.
' They are quick to grasp the human dimension of
· even the most recondite features of the law. As we
follow the long march of the lawsuit timugh the. -
courts. the book becomes an unexpectedly moving
account of bopo, Idealism and intelllgeuce.
Robert Fishman teaches history at Rutgers Unl.'
verslty, Ca mden. and Is the author of "Bourgeois,
Utopias- The Rise nnd Fall of Subnrbta"
tel II to a Council on Affordable Housing. which
has done good work but left the great clty-subur.
ban divide largely intact·
~r~HE authors depict New Jersey Just after
~Mount Laurel I1 as poised on the br ink o[
~ a ne:v era in social Justice that was
-~- missed when "the Justices and the politi-
cians... drew back from that bold new coucephon
of the COmmonweal" Perhaps it would be more
sensible to argue that housing refornters and
judges had pushed to its lintits a sIngle frudful ap-
proach to our class and racial dlvisinns, and even
beyond them; that the politicians thee stepped in to
broker a system that retained as'much as tietr
constituents would allow.
Moreover, one could argue that the Moum
Laurel decisions have Indeed had a major ellact
on New Jersey suburbin -- though not one that
the Judges or the lawyers had foreseen The dra-
matic rise m houmng prices in the 1970's and
1980's meant that many middle-class fastties
found themselves In danger of beJng excluded
from the suburbs The Mount Laurel decisions
annbled large builders who specialized ht apart.
meats and "starter houses" to overcome Ihe re-
sistance of affluent communities Today Mount
Laurel is a relatively diverse assemblage not
only of single-family beuse~ but also of condo.
ruthlures, middle-class rental apartments. even
(thanks to court orders) a traRer park and a few
units of bousing for the elderly.
The only thing lacking Is aflordable rental
h~using for low-income Ismties. '[be site el the
Ethel Lawrence Homes -- named in memory of
the reformer wbo died in 1994 -- rentsins an
empty field. Designed to open oppor tunitles for
the poor, the MounI Laurel decisions Instead
have helped to make suburbin safe for the lower
INFORMATION, PACKET
June 21,1996
Memorandum from City Manager: Office Supply Contract.
Copy of memoranda to City Manager from:
a. Traffic Engineer: Additional Left-Turn Treatment for the Intersection of
Gilbert Street and Kirkwood Avenue.
b. Brad Neumann: Paint and Battery Collection and Exchange Program.
c. Director, Public Library: Council Meeting Dates and Ubrary Building
Issues.
Memorandum from City Clerk: Schedule for Evaluations.
Copy of latter to Mayor from State Historical Society: Clark House, 828
Kirkwood Avenue.
Copy of letter to First National Bank from City Attorney: Request to Release
Escrow Account: Escrow Agreement Between City of Iowa City, Iowa, and
Washington Park, an Iowa General Partnership.
Copy of letter to City Attorney from Dale Yocom: City News. ~(~(
Copy of letter to Roger Brown, MidAmerican Energy Company from Fire Chief:
Communication.
Copy of letter to Police Chief from Southern Police Institute: Recognitiqn of
Sergeant Richard D. Wyss as Dean's Scholar.
Press release and information: Citizen's Police Academy.
Minutes of the June 6, 1996, Joint Meeting of the Coralville City Council, The
iowa City City Council, and the Johnson County Boar.d of Supervisors.
Agenda of the June 18, 1996, informal meeting of the Johnson County Board
of Supervisors.
Agenda of the June 20, 1996, formal meeting of the Johnson County Board of ~:~
Supervisors.
Stanley Consultants INFO: Iowa City to Reduce Ammonia.
e Des Moines Register: "Unfair to Cities and Counties-The State Should Keep Its ~c~ ~
Promise to Reimburse Property-Tax Credits." (Atkins)
* Memo from Civil Engineer regarding Railroad Crossing Complaints. ~
* Memo from Civil Engineer regarding Burlington & Gilbert Sts. intersection Project~
City of iowa City
MEMORANDUM
Date: June 21, 1996
To: City Council
From: City Manager
Re: Office Supply Contract
Bids were receive for annual Office Supply needs of the City. A (Jore list of 80 items was
compiled with annual amounts estimated. The results of the bid are as follows:
BT Publix Office Products
Chicago,lL
$35,188
Iowa Office Products
Cedar Rapids,lA
$41,845
Frohwein Office Plus Iowa Book & Supply Hawkeye Medical
Coralville,lA Iowa City,lA Iowa City,lA
$~t5,390 $53,669 $74,189
The award will result in an estimated savings of t~6,000. Discounts range from 50% to 90%
off list pricing. BT Publix Office Products is the current University of Iowa and State of Iowa
Contract office supply provider. The Contract has been made available for the City to
participate in. Deliveries will be made overnight to the Civic Center Central Supply Inventory.
City of Iowa City
MEMORANDUM
Date: June 13, 1996
To:
From:
Steve Atkins, City Manager
James Brachtel, Traffic Engineer
Re:
Additional Left-Turn Treatment for the Intersection of Gilbert Street and
Kirkwood Avenue
You have asked that Traffic Engineering investigate conditions at the intersection of Gilbert
Street/Kirkwood Avenue for the possibility of adding additional signalized left-turn protection.
One of the elements of this investigation would be to conduct on-site manual counts to
measure the amount and distribution of traffic at the intersection.
Currently, the intersection of Burlington Street/Gilbert Street to the north is closed to all
vehicular traffic. This intersection closure, with its attendant detour, has altered the traffic
flow in the neighborhoods south of Burlington Street. It is very likely that data collected now
would not reflect conditions at the intersection of Gilbert and Kirkwood when the intersection
of Burlington and Gilbert reopens.
Therefore ] recommend that no counts be taken at the present time, but to wait until
September when the intersection of Burlington Street has reopened and the University of Iowa
classes are in session. I believe that data collected in September will be more representative
of typical conditions at the intersection and will provide a better base for any decisions that
might be made for changes at the intersection of Gilbert Street and Kirkwood Avenue.
Date: June 11, 1996
To: Steve Atkins
From: Brad Neurnann'~/
Re: Paint and Battery Collection and Exchange Program
On June 1, the Iowa City Landfill sponsored a paint and household battery collection day at Iowa
City Transit on South Riverside Drive. Materials collected at the event included oil and latex
based paints and household (dry cell) batteries. Appointment telephone lines were set up in the
Civic Center and appointments were taken for a week and a half before the event, There were
380 appointments made. The day of the event we had only 90 no-shows, and 16 people were
served without an appointment.
Approximately 800 gallons of paint and two 55 gallon drums of batteries were collected. The paint
was made available to the public for free the following Saturday, June 8, About 100 people
showed up at the paint give-away and took about 300 gallons of paint, The remaining paint will
be taken to the landfill and bulked into drums or dried out and disposed of in the landfill. The
bulked paint and batteries will be collected by the State of Iowa's hazardous waste contractor at
a later date, I will not know the total cost of the event until we dispose of the paint and batteries,
If you have any questions, please give me a call at 356-5235.
cc: Jeff Davidson
Floyde Pelkey
iowa City
Public Library
123 South L~nn. Iowa C:ty, iowa 52240-1820
Susan Craig, D~rector
Information (319) 356-5200
Bus~ness (319) 356-5206
Fax (319) 356-5494
TO: Steve Arkins /
FROM: Susan Craig
DATE: 6/17/96
RE:
Council Meeting Dates and Library Building
Issues
The Library Board is anxious to meet with Council to continue the
discussion of the expansion project. Unfortunately, the next
informal council meeting on July 1 is a date when several Board
members, including the president, and I are not available. I
hope we can have some time on the July 15 meeting agenda.
Thanks.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
June 21, 1996
City Council
Madan K. Karr, City ClerkA"~'~'
Schedule for evaluations
The Mayor wishes to schedule the evaluation of the City Manager, City Attorney and myself in
July. After a review of possible dates, and checking with staff involved, three times were
suggested. Please check your calendars and let me know which dates would work into your
schedule.
Tuesday, July 9 - 4:00-7:00
Thursday, July 18 - 4:00-7:00
Saturday, July 20 - 8:00-11:00
cc: City Manager
City Attorney
....... ' ....J¢l?'""
State Historical Sodety of Iowa
The Historical Division of the Department of Cultural Affairs
Junell, 1996
The Honorable Susan Horowitz, Mayor
410 E. Washington Street
Iowa City, IA 52240-1826
RE: Clark House, 828 Kirkwood Ave., Iowa City, Johnson County
Dear Mayor Horowitz:
We are pleased to inform you that the above named property, which is located within your
community, was listed in the National Register of Historic Places effective May 16, 1996.
Listing in the National Register provides the following benefits:
Consideration in the planning for Federal, federally licensed, and federally assisted
projects. Section 106 of the National Historic Preservation Act of 1966 requi~es
Federal agencies allow the Advisory Council on Historic Preservation an
opportunity to comment on projects affecting historic properties listed in the
National Register. For further information please refer to 36 CFR 800.
Eligibility for Federal tax benefits. If a property is listed in the National Register,
certain Federal taxx provisions may apply. The Tax Reform Act of 1986 revises
the historic preservation tax incentives authorized by Congress in the Tax Reform
Act of 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of
1980, the Economic Recover), Tax Act of 1981, and Tax Reform Act of 1984,
and as of January 1, 1987, provides for a 20 percent investment tax credit with a
full adjustment to basis for rehabilitating historic coremerrol, industrial, and
rental residential buildings. The former 15 percent and 20 percent investment
Tax Credits (ITCs) for rehabilitations of older commercial buildings are combined
into a single 10 percent ITC for commercial or industrial buildings built before
1936. This can be combined with a 15-year cost recovery period for the adjusted
basis of the building. Certified structures with certified rehabilitations receive
additional tax savings because owners are allowed to reduce the basis by one half
the amount of the credit. The Tax Treatment Extension Act of 1980 provides
Federal tax deductions for charitable contributions for conservation purposes of
402Iowa Avenue
Iowa Cay, lowa 52240-1806
O19)335-3916
600 E. Locust
Des Moines, Iowa 50319-0290
(515) 281-6412
Montauk
Box372
Clermont, lowa 52135-0372
(319) 423-7173
The Honorable Susan Horowitz
June 11, 1996
Page 2
papal interests in historically important land areas or structures. For further
information please refer to 36 CFR 67.
Condderation of historic values in the decision to issue a sudace coal mining
permit where coal is located, in accord with the surface Mjnlng and Control Act
of 1977. For further information, please refer to 30 CFR 700 et seq.
Qualification for Federal grants for historic preservation when timds are available.
Should you have any questions about the National Register of Historic Places, or about this
nomination in particular, please feel free to contact me at the Historical Building, 600 E.
Locust, Des Moines, Iowa, 50319, or by calling (515) 281-4137.
Sincerely,
E~al~eth Foseer-
National Register Coordinator
June 20,1996
First National Bank
Attn: Vince Maurer
204 E. Washington St.
Iowa City, IA 52240
CITY OF IOWA CITY
Re:
Request to Release Escrow Amount: Escrow Agreement Between City of Iowa City,
Iowa, and Washington Park, an Iowa General Partnership
Dear Vince:
Enclosed please find the documentation necessary to warrant First National Bank's preparation
of a check in the amount of $92,602.74, plus accrued interest and less your administrative
fee, to be made payable to Washington Park, an Iowa General Partnership, and delivered by
ordinary mail to William L. Meardon, attorney for Washington Park, 1 22 S. Linn Street, Iowa
City, IA 52240.
In support of this request, I enclose the following:
On May 9, 1995, as part of a settlement agreement between the City of Iowa City,
Iowa, and Washington Park, an Iowa General Partnership, the City and Washington
Park ("Park") entered into an escrow agreement, whereby the sum of $92,602.74 was
delivered to First National Bank, as escrow agent, to be invested in an interest-bearing
security for at least six months from the date of the agreement.
The condition of the escrow agreement was that "upon completion of the litigation
wherein the City is plaintiff in a quiet t~tle action revolving James Patrick Glasgow and
the appropriate appellate time has elapsed, the escrow agent shall make the following
distribution of the escrow upon receipt of the proper documented court order."
a. If the City is successful in saio action, the entire amount of escrowed funds less
an,/escrow fee charged by First National Bank shall be distributed to Washington Park
together with all interest that has been earned on sa~d escrow." [See attached.]
As seen in the enclosed ruling entitled City of Iowa City vs. James Patrick Glasqow
and Washinoton Park, Docket No. 56472 in the Iowa District Court in and for Johnson
County, the Honorable Judge L. Vern Robinson of the Sixth Judicial District of Iowa
entered a ruling in the City's favor, which literally "quieted the title" to the land which
was the subject of the Cay's quiet title action. Therefore, the "City is successful in
sa~d action,..." (See paragraph 2a of the escrow agreement.]
Mr. Maurer
June 20, 1996
Page 2
Also pursuant to the escrow agreement, "the appropriate appellate time has elapsed"
by reason of settlement with James Glasgow, see enclosed "notice of withdrawal of
appeal" filed in the quiet title action by attorneys for James Patrick Glasgow, and
Resolution 96-187 and settlement agreement with James Glasgow.
In sum, since the quiet title action has been decided successfully in the City's favor
and the appropriate appellate time has elapsed by reason of settlement, I hereby
request the escrow agent, First National Bank, to release the escrowed funds to
Washington Park, an Iowa General Partnership, to be mailed to Washington Park's
attorney as noted above. The amount of the released funds shall reflect the added
interest, less any escrow fee.
Please call if you have questions at 356-5030. Also, I request a copy of your releases and
other relevant communications to Bill Meardon and/or Washington Park, for my files. Thank
you.
Cordially yours,
Linda Newman Woito
City Attorney
Don Yucuis, Finance Director
Charles Schmadeke, Public Works Director
Bill Meardon, Attorney for Washington Park
David Brown, Outside Counsel
Litigation Files
City Council, FYI
ESCROW AGREEMENT
THIS AGREEMENT is made this
between the City of Iowa City, Iowa
Iowa general partnership (Park),
~ day of May, 1995, by and
(City), and Washington Park, an
WITNESSETH:
WHEREAS, City has condemned certain land belonging to Park and
an award of Three Million Two Hundred Fifty Thousand Qollars
($3,250,000) was made by the Compensation Commission after hearing
the evidence pertaining to said condemnation, and
WHEREAS, the parties have settled their differences as a
result of which Park has ~mmediate pos~ession of the sum of Three
Million Two Hundred Fifty Thousand Dollars ($3,250,000) an~' the
interest earned by said Compensation Commission award in the amount
of Ninety-two Thousand Six Hundred :Two Dollars and Seventy-four
Cents ($92,602.74) is the subject of this Escrow Agreement, and
WHEREAS, the parties wish to advise the Escrow Agent of their
agreement pertaining to said escrowed amount,
IT IS, THEREFORE, AGREED:
1. First National Bank, Iowa City, Iowa (Escrow Agent),
shall receive the sum of Ninety-two Thousand Six Hundred Two
Dollars and Seventy-four Cents ($92,602.74) issued by the City to
be held pursuant to the terms of this Escrow Agreement. Said sum
of money shall be invested in an interest-bearing security for at
least six (6) months from the date of this Agreement.
2. Upon completion of the litigation wherein City is
Plaln~iff in a Quiet Title Action involving James Patrick Glasgow
and the appropriate apDellate time has elapsed, the Escrow Agent
shall make the following distribution of the escrow upon receipt of
the Droper documented court order:
a. If the City is successful in said action, the entire
amount of escrowed funds less any escrow fee charged by First
National Bank shall be distributed to Washington Park together with
all interest that has been earned on said escrow.
bo In the event City is not successful in said
litigation, the sum of Sixty-four Thousand Five Hundred Dollars
($64,500) together with the interest that said sum has earned shall
be distributed to City and the balance of the escrow together with
any earned interest thereon shall ~e di~tributed to Park.
3. The E~crow Agent shall have no iab~lity of any kind
1 '
Pertaining to the litigation referred to above, and the parties
agree to hold the Escrow Agent harmless from any claims being made
against First National Bank, Iowa City, Iowa, by virtue of this
Escrow.
4. First National Bank, Iowa city, !ewe, by s~gninq this
Escrow Agreement agrees to the terms thereof.
CITY OF IOWA CITY, IOWA
_/
WASHINGTON PARK, an Iowa general
partnership
Bruce R. Gla~ow
Frank Boyd 0 -
3
IN THE IOWA DISTRiCT COURT IN AND FOR JOHNSON couq',ITY
CITY OF IOWA CITY, IOWA,
a municipal corporation,
Plaintiff,
¥S
JAMES PATRICK GLASGOW and
WASHINGTON PARK, an Iowa
General Partnership,
Defendants.
No. 56472
RULiNG
<)- /..' 3,' "~'
The City of Iowa City seeks a court ruling to quiet title on a 228-acre tract of
land which it had condemned in order to construct a waste water treatment facility. The
tract is largely made up of what was formerly the Butler farm. It is bounded on the north
and west by the Iowa River and the east by Dubuque Street. In dispute is a three to four
acre parcel in the northeast comer of this ~act. James Glasgow asserts he is the owner of
this small parcel of land by the legal principles of(1) boundat3, acquiescence, (2) adverse
possession, and (3) equitable estoppel. The court will address these theories separately.
A diagram of the land involved in this controversy is shown on page 2.
FACTS
Bruce Glasgow ( plaintiff's father), John RummeLhart, St., and Frank Boyd are
longtime friends and business partners. They have been engaged in a number of business
ventures including land development. Their relationship goes back to the 1940s. Not
only are they business associates but they are good friends. Among their business
holdings is the Washington Park parmership. These gentlemen purchased the Butler farm
approximately 30 years ago. Con~ract payments were completed in the late 1980s and a
deed was issued to Washington Park partnership. Bruce Glasgow does the day-to-day
business for the parmership. He anticipated constructing apmunents and residential units
on the Butler farm tract. h'~ 1993 or early 1994, Bruce Glasgow became aware that Iowa
City was looking at the Butler farm tract as an area to locate its proposed water plant.
Bruce Glasgow, to say the least, has had his differences with the city and was not pleased
with the prospect of having the parmership's land condenmed. He prepared plans
showing the uses to be made of the property which included extensive multiple family
1
f=AR
1 The entire 228 acres is referred to as the Butler farm. In fact,
the tract consists of what was formerly the Butler farm an__~d property
obtained from the Alberhasky family.
This diagram is not to scale and is only for illustrative purposes.
-3-
units to be built in a bucolic setting. He prepared detailed proposals as to specifically
designated areas within the Butler farm to indicate the value of each parcel. These plans
were submitted to the condemnation jury which had the responsibili/y to determine the
sum of money to be paid to the parmership for the land the city was taking.
James Glasgow, Bruce Glasgow's son, owns a .6 acre lot on the Iowa River
surrounded by the Butler farm. He purchased this lot from the Shalla family in 1973.
James operates two construction companies and a plumbing business. He and his father
cooperate in their respective ventures, and it was anticipated that when the Butler farm
was to be developed, James would have a large role in the housing construction. James
used the area surrounding the .6 acre lot for his business equipment, personal enjoyment,
and recreation. He placed riprap along the fiver to prevent erosion. He cut down fiver
maples and planted new trees. It was understood by Bruce Glasgow and kis par~ers that
James could use the property surrounding his home. It was simply a matter of father and
friends giving James a blanket approval to use the land while awaiting future
development. James Glasgow and his father discussed the fact that he (James) would
have some interest in the Bfitler farm development when occurred. No agreement was
struck between James and the pmmership as to what, if any, land he might acquire or
what his ultimate role in the development project would be.
When it became apparent the city intended on condemning the Butler fro-m, the
Glasgows turned to various legal processes to further their interests. The Glasgows did
not believe the city needed all of the land it sought to condemn. A petition for a writ of
injunction was filed by James Glasgow on August 3, 1994. The court is unaware if an
injunction was issued. On November 10, 1994, the city issued its notice of condenmation
and filed it with the Johnson County Recorder. At the time of the notice, the title to the
Butler farm was in Waskington Park parmership. A separate notice of condemnation was
issued concerning the .6 acre tract owned by James Glasgow. On October 3 i. 1994,
Javaes Glasgow was issued a quit claim deed fi'om the Washington Park parmership for
approximately three to four acres of the Butler farm adjoining his .6 acre lot. James
Glasgow did his own surveying of the area. The deed was not recorded for nearly a
month.
The sheriff's jury was to be convened the morning of November 29, 1994, to
determine the compensation to be paid to Wash/ngton Park partnership for the Butler
farm. Compensation to be paid James Glasgow for his .6 acre tract was to be decided on
the afternoon of the same date. On November 23, 1994, James Glasgow filed a second
petition for an injunction against the city and, as in his first petition, he alleged he owned
-4-
a .6 acre tract and that the c~ty should be enjoined from proceeding with its
condemnation. The court is unaware of any injunction issued.
On November 29, the sheriff's jury heard the Glasgows' claims. In the forenoon,
Brace Glasgow presented his plans and outlines concerning the development of the Butler
farm. He separated various areas within the Butler farm to demonstrate their respective
worth. One separate area was a 10-acre tract including the land now claimed to be owned
by Jmes Glascow. The sheriff's jury recommended payment of $3,225,000 for all of the
land owned by the parmership.
James Glasgow's hearing was scheduled that afternoon. At that time, and for the
first t~e, the city was notified that he was claiming a three to five-acre tract which was
included in the Butler farm. The city was advised the deed which had been signed on
October 31 had been filed the afternoon prior to the condemnation hearings. James
Glasgow was then, and is now, asserting he owned approximately three to four acres of
land which had already been appraised earlier that day for Bruce Glasgow and the
partnership.
James Glasgow acknowledges he is not entitled to ownership of the land by vi~-m. e
of the quit claim deed. The deed was not filed until after the notice ofcondernnation. He
asserts now, however, that he is entitled to ownership of the land described in the quit
claim deed by v/a-me of his adversely possessing the land for more than I0 years or
through the acquiescence of a boundary by him and the parmersltip. Failing those
theories, he asserts the city should be equitably estopped from claiming any interest in
this land. The court addresses the three theories separately.
ADVERSE POSSESSION
A party claiming title by adverse possession must establish hostile, actual, open,
exclusive, and continuous possession, under claim of right or color of title for at least 10
years. Mttchell v Daniels, 509 N.W. 2d 497, 499 (Iowa App. 1993) citing C.H. Moore
Trust Estate v City of Storm Lake, 423 N.W. 2d 13 (Iowa 1988). Proof of the elements of
adverse possession should be clear and positive. ld. Iowa law presumes possession
under regular title and the doctrine of adverse possession is strictly construed. ld.
Besides the elements of adverse possession, James Glasgow must prove by clear and
positive evidence that he has a claim of right or color of title. Id. The doctrine of adverse
possession has no application where one actually knows that he has no claim, or title, or
right to title. Carpenter v Ruperto, 315 N.W. 2d 782 (Iowa 1982). In this case, James
Glasgow knew he could use the area next to his .6 acre tract because of his family
-5-
relationship and longtime fi-iendship with the Washington Park partners. He knew he was
using the land with the partner's permission and there was no intent he would become
the legal owner of it. There may have been discussions that there would be some future
agreement as to James Glasgow's involvement in the development on the Butler farm.
There was never a de£mite agreement. As a general proposition, an agreement to agree to
enter into a contract in the future is of no effect unless all the terms and conditions are
agreed to and nothing is left to future negotiations. Cro~ve-Thomas Consulting v Fresh
Pak, 494 N.W. 2d 442, 444 (Iowa App. 1992). The discussions between father and son
conveyed no fight or title to the land James Glasgow now claims. In short, James
Glasgow has not proved he held the land in question in a hostile or exclusive manner or
under a claim of right or color of title for any number of years. It is also apparent he
knew he had no claim or title to the land in question.
BOUNDARY ACQUIESCENCE
A boundary line may be established by showing. that two adjoining land owners
have recognized and acquiesced in a boundary for a period of 10 years. Iowa Code
section 650.6 and 650.14; Teayes v ?me Lane Farms, Inc., 522 N.W. 2d 801,806 (Iowa
1994). A party seeking to establish a boundary line determined by a surveyor must prove
acquiescence by clear evidence. ld. Just as with James Glasgow's claim of adverse
possession, there was no acquiescence in a boundary line between him and his father or
the Washington Park parmers. It was merely understood he could locate his equipment
on the parmership's land and that some future consideration or agreement would be
considered when the land was developed. There was never an intent by either side to
establish a boundary line as indicated in the quit claim deed until it became apparent
condemnation proceedings were imminent. The claim by James Glasgow that there was
an acquiescence of the boundary lines has not been proven.
EQUITABLE ESTOPPEL
Equitable estoppel is a doctrine based on fair dealing, good faith, and justice. In
Re Marrtage of Halvorsen, 521 N.W. 2d 725, 728 (Iowa 1994). The burden of proving
equitable estoppel is on the party asserting it, and the burden is by clear, convincing, and
satisfactory evidence. Davidson v Van Lengen, 266 N.W. 2d 436, 441 (Iowa 1978). The
doctrine of equitable estoppel seeks to prevent a party from speaking against his or her
representations or conunitments to the detriment of another party to whom the
-6-
representation or commitment was dkected. If the doctrine has any applicability in this
case, it would be in favor of the city. The title to the Butler farm, insofar as publicly
recorded documents were concerned was in Washington Park parmership. Bruce
Glascow, on behalf of the parmership, asserted its claim for compensation for the same
land his son now claims is his. The claims that Bruce Glasgow made for compensation
on November 29, 1994, were in spite of the fact that he had signed a quit claim deed to a
portion 6f this land to his son a month earlier. James Glasgow filed petitions in the
district court lbr injunctive or equitable relief aveting he owned only a .6 acre tract. That
is, he did not represent he was the owner of the land he now claims. The quit claim deed,
although not controlling since it was filed after the notice of conderrmation, was filed
only hours before the compensation jury was to meet and consider the compensation due
to Washington Park partnership and James Glasgow for their respective properti6s. The
equities in the case lie with the city, not the plaintiff. There is absolutely no way James
Glasgow can rely on the doctrine of equitable estoppel.
Based upon the foregoing Findings of Fact and Conclusions of Law, the land
described in the petition to quiet title should be quieted in the City of Iowa City.
Judgment is entered accordingly and costs are assessed to the Defendants.
If the Plaintiff determines that a judgment entry should include the legal
description of the property set out in the petition, an appropriate judgment entry should
be prepared for the court's signature.
Dated this I,~ day~ 1996.
ILdVEIL'q ROBINSON, Judge, 6th Judicial District of Iowa
I;- ,h. q CCCU
IN THE IOWA SUPR~4E COURT
CITY OF IOWA CITY, IOWA
Plaintiff,
V.
JAMES PATRICK GLASGOW and
WASHINGTON PARK, a General
Partnership
Defendants.
NO. 96-976
Johnson Co. No. 56472
NOTICE OF
WITHDRAWAL OF APPEAL
COMES NOW Defendant-Appellant James Patrick Glasgow and
advises this Court that, the parties having settled their
disputes, he has, on the 13th day of June, 1996, withdrawn his
appeal.
Respectfully submitted,
MARTIN DIAZ LAW FIRM
MARIN A. DIAZ 000009676
402 South Linn, Suite 200
Iowa City, Iowa 52240
(319) 339-4350
Attorney for Defendant
KIRSTEN FREY'~
920 S. Dubuque St.
PO Box 2000
Iowa City, Iowa 52244
Attorney for Defendant
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing Notice
of Withdrawal of Appeal was served upon the attorneys of record
by mailing the same to their correct addresses as shown below on
this 13th day of June, 1996.
John Hayek\David E. Brown
Bremer Building
120 ~ E. Washington
Iowa City, Iowa 52240-3976
IN THE IOWA DISTRICT COURT
CITY OF IOWA CITY, IOWA
Plaintiff,
JAMES PATRICK GLASGOW and
WASHINGTON PARK, a General
Partnership
Defendants.
WITHDRAWAL OF APPEAL
COMES NOW James Patrick Glasgow and withdraws his appeal.
The parties have settled all of their disputes, and there is no
further need for Court intervention.
Respectfully submitted,
MARTIN DIAZ LAW FIRM
Iowa City, Iowa 52240
(319) 339-4350
Attorney for Defendant
920 S. Dubuque St.
PO Box 2000
Iowa City, Iowa 52244
Attorney for Defendant
copy:
John Hayek\David E. Brown
Bremer Building
120 ~ E. Washington
Iowa City, Iowa 52240-3976
proof' or
Prepared by: Linda Newman Wo~to, City Attorney, 410 E. Washington Street. Iowa City. IA 52240 (319}
356-5030
RESOLUTION NO. 96-187
RESOLUTION RATIFYING SETTLEMENT O¢ PENDING LITIGATION
WHEREAS, in 1994, James Glasgow, filed three actions in the Iowa District Court for
Johnson County, Docket Nos. 55895, 56149 and 56205, challenging the City's actions to
acquire land for the Iowa City Water Supply and Treatment Facility Project; and
WHEREAS, in November 1994, the City of Iowa City started condemnation proceedings
against .45 acres of land owned by James Glasgow; and in December, 1994, both Glasgow
and the City appealed the condemnation award of $240,000 to the Iowa District Court for
Johnson County, Docket No. 56192; and
WHEREAS, in April 1995, the City filed a quiet title action against James Glasgow in the Iowa
District Court for Johnson County, Docket No. 56472, concerning approximately five acres
of land the City of Iowa City had previously condemned,' but to which James Glasgow claimed
ownership; and
WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated
a settlement agreement which is in the public interest; and
WHEREAS, it is appropriate to ratify sa~d settlement, as provided by law, with payment to
James Glasgow in the amount of $240,000.00, as determined by the Compensation
Commission ISheriff's Jury), together with the terms outlined in the settlement agreement.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
In consideration of the terms outlined in the settlement agreement, the above-named
actions should be and are settled for the sum of $240,000.00, payable to James
Glasgow in full satisfaction of pending lawsuits Docket Nos. 55895, 56149, 56192,
56205, and 56472.
The City Council for the City of Iowa City, Iowa hereby specifically approves sa~d
settlement as being in the best interest of the City of Iowa City.
The settlement is hereby ratified, contingent, however, upon James Glasgow's
execution of the Settlement Agreement, together with an appropriate Release and
Satisfaction of Judgment which shall be filed with the Clerk of Court for Johnson
County District Court in the above action, and further upon both James Glasgow's and
the C~ty's filing dismissals with prejudice of all pending actions listed herein.
Resolution No. g6-187
Page 2
Passed and approved this 11th day of June
,1996.
ATTEST: ~)'~'-4~-,,.~
CIT?'~ERK
MAYOR
Approved by
~ty Attorney s Office ~'_$ _ ,~
It was moved by I(ubby and seconded by
adopted, and upon roll call there were:
Vanderhoef
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution b~
SETTLEMENT A~I~EMENT
THIS
Iowa City, Iowa
Patrick Glasgow
settlement of
and Treatment
"Project").
AGREEMENT is entered into by and between The City of
(hereinafter referred to as "City") and James
(hereinafter referred to as "Glasgow',), in
litigation concerning the Iowa City water Supply
Facilities Project (hereinafter referred to as
IT IS HEREBY AGREED AS FOLLOWS:
1. The parties hereto have filed several civil lawsuits in
the Iowa District Court for Johnson County, Iowa related to the
City's condemnation of property in connection with the Project.
Those lawsuits are as follows:
ao
James Patrick Glasgow v. City of Iowa City, Iowa
(Injunction Case), Docket No. 55895;
James Patrick Glasgow v. City of Iowa City, Iowa
(Mandamus "trees" Case), Docket No. 56149;
City of Iowa City, Iowa ve James Patrick Glasgow,
and James Patrick Glasgow v. City of Iowa City,
Iowa (Condemnation appeals), Docket No. 56192;
De
James P. Glasgow v. City of Iowa City, Iowa (Open
Meetings Case), Docket No. 56205, Iowa Supreme
Court No. 95-1100;
City of Iowa City, Iowa v. James Patrick Glasgow
and Washington Park (Quiet Title Case), Docket No.
56472, Notice of Appeal filed by Glasgow on May
24, 1996.
2. Glasgow and City now wish to avoid further litigation,
expense and controversy, and wish to settle fully and finally all
differences between them and compromise any and all claims and
issues that have been raised or could have been raised by Glasgow
arising out of, or in any way related to, the City's condemnation
of property in connection with the Project. This agreement
covers all claims and damages, whether known or not, which may
hereafter appear or develop arising from the City's condemnation
of property for the Project and/or from the matters referred to
in the case numbers cited herein.
3. Glasgow and the City agree to dismiss all pending
litigation referred to herein, and Glasgow agrees not to file any
additional litigation concerning the Project. In final
settlement of the condemnation appeal and in return for Glasgow's
dismissal of all pending litigation and his agreement not to file
additional litigation, the City shall pay Glasgow $240,000.00,
structured as follows: $200,000.00 upon execution of this
settlement
$40,000.00 to be paid to Glasgow,
of the approxima%e one-half acre
agreement by the parties, with the balance of
1) upon the City's possession
of land (hereinafter referred to
as "Property")
description in Docket No.
compliance with the "good
agreement.
4.
condemned from Glasgow by the City (see legal
56291), and 2) subject to Glasgow's
stewardship.' provisions of this
Glasgow shall be permitted to continue residing on the
Property up to November 1, 1997, and, agrees to vacate the
Property no later than November 1, 1997. During this time of
continued residency, Glasgow shall take reasonable and proper
care of the Property ~nd shall exercise due care to protect
against unreasonable dangers to the groundwater at or near that
-3-
site. During the time that Glasgow is in continued possession of
the Property, he shall be responsible for real estate taxes on
said Property until such time that he vacates the Property as
provided in Section 427.2, Code of Iowa.
5. Glasgow specifically acknowledges that since the
Property which is the subject of the settlement herein has been
conden%ned as part of the Iowa City Water Supply & Treatment
Facilities Project, said Property should be protected from any
potential contamination of 9roundwater, and thus acknowledges his
agreement to live on the land, as herein provided, under the
auspices of good stewardship in order to protect the groundwater
from any future contamination.
6. Upon execution of this settlement agreement and upon
payment of $200,000.00 to Glasgow by the City, Glasgow and Public
Works Director Charles Schmadeke shall conduct a joint inspection
of the Property, taking note of whatever potential hazards, such
as diesel or other fuels, there might be to the City's'future
alluvial wells. Glasgow agrees that if any cleanup and/or
removal of potential hazards is determined necessary by the City
to satisfy the City's concerns for protection of the groundwater
at that site, Glasgow shall permit the City or its agents to
conduct such cleanup as soon after the inspection as possible.
Glasgow shall also promptly remove or allow the City or its
agents
hazard
7.
to remove from the Property any materials deemed to be a
or potential hazard, such as diesel fuel.
After Glasgow has vacated the Property and turned
-4-
possession of the Property over to the City, Public Works
Director Charles Schmadeke and Glasgow shall then conduct a final
inspection of the Property. Upon completion of the final
inspection and determinationby the City that no additional
cleanup or other remedial work is required due to Glasgow's
continued residency on the Property, the City shall pay the
remaining $40,000.00 to Glasgow. However, in the event that the
final inspection of the Property reveals that cleanup or other
remedial work is required due to contamination which occurs
during Glasgow's continued residency on the land, it is agreed
that the City may use the $40,000.00 held in reserve to pay for
any necessary cleanup or remedial work. Glasgow shall be
entitled to receive the remaining balance, if any, from the
$40,000.00 after payment for any necessary cleanup or remedial
work. Glasgow also agrees that if such cleanup or remedial work
exceeds $40,000.00, he shall agree to pay for the additional cost
of such cleanup and/or remedial work.
8. Glasgow agrees that he will not object to the City's
annexation of the Property.
9. The City acknowledges that Glasgow shall have the right
to remove all personal property from the condemned property,
including water softeners, and well pump. Glasgow shall also
remove the pole building, boat dock, and any and all equipment
and vehicles from the site no later than November 1, 1997, and
Glasgow shall leave site free of any items such as abandoned farm
equipment, construction equipment, etc.
10o In consideration of cost savings to the City, the City
shall grant to Glasgow the following salvage rights of certain
real estate condemned by the City: Glasgow shall be permitted to
remove and take with him from the Property the entire second
story of the shop building no later than November 1, 1997. If
Glasgow finds that moving the second story of said shop building
is cost-prohibitive, Glasgow shall have the right to take the
following items from the shop building: windows, garage doors,
and 220 watt electrical services. The parties agree that Glasgow
shall not remove the following items (in order to enable the City
to permit Furniture Project and Housing Rehab to salvage said
items): plumbing fixtures, cabinets, ~oors, framing, and siding.
The parties agree that Glasgow retains no salvage rights in ~he
old house, and the City is free to salvage whatever it wishes
from said old house.
11. City agrees that Glasgow may remove three fruit trees,
approximately six inches in diameter, and that he will not remove
any other trees from the Property. It is agreed that no
compensation for the rip-rap placed along the river shall be due
or paid to Glasgow by the City. The parties also agree that
during the term of Glasgow's remaining possession of the
Property, he shall have the right to have four goats on the land
and that they shall have the right to graze as needed.
12. Upon exe6ution of this settlement agreement and in
exchange for the initial $200,000.00 payment referenced herein,
Glasgow shall dismiss with prejudice the following cases:
-6-
A. Docket No. 55895,
B. Docket NOo 56149 (previously dismissed without
prejudice),
C. His condemnation appeal in Docket No. 56192,
D. His appeal in Docket No. 56205 (Iowa Supreme Court
No. 95-1100),
Eo His appeal in Docket No. 56472.
The City also agrees to dismiss with prejudice its
condemnation appeal in Docket No. 56192. The $240,000.00
structured payment referenced in paragraph 3 above is in lieu of
and as a compromise settlement of said condemnation appeal.
connection with the dismissal of the various actions and appeals
referenced herein, each party shall be responsible for their own
court costs, deposition costs, printing expenses, and attornsy's
fees; however, the City shall not be responsible for any costs in
the quiet title action (Docket No. 56472), and the City shall be
permitted to prepare an appropriate judgment entry, including
legal description, for the Court's signature in that action.
13. Glasgow hereby releases the City, its officers, agents
and employees from any cause of action or claim arising out of
the acquisition of property by the City for the Project.
14. This agreement is not and shall not in any way be
construed as an admission by the City of any wrongdoing; rather,
this agreement is executed by the parties for the sole purpose of
resolving the pending condemnation appeal and other related
litigation referenced herein to avoid the burden, expense,
delays, and uncertainty of that litigation.
-7-
15. Glasgow expressly acknowledges that he is currently
represented by counsel, that this settlement agreement was the
result of negotiations between the parties, that he has had an
opportunity to review this settlement agreement with his
attorneys, and expressly acknowledges that after reviewing this
settlement agreement with his attorneys, that he understands this
agreement is intended to include in its effect, without
limitation, all claims he may have against the City in connection
with the City's acquisition of property for the Project, and that
the agreement contemplates the extinquishment of any such claim
or claims, either now or in the future.
DATED this 11thday of June, 1996.
CITY OF IOWA CITY, IOWA
Attest:
MAYOR
CITY CLERK
DATED this
/O day of June,
1996.
PAY
CITY OF IOWA CITY
410 EAST WASHINGTON ST.
IOWA CITY, IOWA S2340-1826
1319T 356,5000
DATE
Z3-JUN-96
IOWA STATE EAI'/X & TRUST CO.
IOWA CITY, IOWA
No. 356684
; ..... ,~ouN'r.-.
i $*'2°°,°~°.~°*'* i
TO THE
ORDER
OF
JAMES P, GLASGOW
CITY OF IOWA CITY ,,o ,A,T W..,NG.ON ST.~ET
IOWA CITY. IOWA S2240- 1826
DESCRIPTION
SETTLEMENTS: 55895/56149/56205/56192/56472
INVOICE
NUMBER
AMOUNT
$200,000.00
PLEASE 0ETACH BEFORE DEPOSiTiNG OR CASHING
Iowa City Fire Department
Serving with Pride & Professionalism
410 East Washington St,
Iowa City, Iowa 52240-1826
(319) 356-5260
June 14,1996
MidAmerican Energy Company
1630 Lower Muscatine Road
P.O. Box 1760
Iowa City, IA 52244
Attention: Mr. Roger Brown, Manager, Electrical Distribution
Dear Mr. Brown:
This letter is written to establish communications between our agencies. Since the merger has taken place
and the MidAmerican Energy Company has been formed, do not believe we have had the opportunity to
discuss our reciprocal expectations.
An item of particular interest to me is the support MidAmerican Energy Company personnel provide the Fire
Department during severe weather conditions. Fire Marshal Roger Jensen conducted a review of our storm-
related responses for May 24, 1996. The review of 14 emergency calls demonstrated that 10 were
incidents involving electrical distribution emergencies. Each of these calls required intervention measures
on our part, as well as MidAmerican Energy, to assure public safety and to restore the electrical distribution
system.
Concerns have been expressed over the response times provided by MidAmerican Energy personnel for these
emergency incidents. I have been advised that engine companies were waiting from one to two hours for
MidAmerican to respond. Unfortunately, due to these delays, there were other emergencies in the city that
did not receive a response.
I look forward to an opportunity to discuss these matters with you and your staff. Hopefully, we can
establish the foundation for a sound working relationship. I will contact you next week to schedule a
meeting.
Sincerely,
IOWA CITY FIRE DEPARTMENT
Andrew J. Rocca
Fire Chief
AJR/bdm
cc;
Stephen J. Arkins, City Manager
3 June 1996
Chief R. J. Winkelhake
Iowa City Police Department
410 E. Washington Street
Iowa City, IA 52240
Dear Chief Winkelhake:
The recognition of academic excellence is an integral part of the Administrative Officers Course. The
University of Louisville defines several types of accomplishments as worth of distinction. One such award of
excellence is that of "Dean's Scholar" granted to the student who earns the letter grade of "A" in each of their
courses. Tl~s status is achieved by only a small proportion of our students.
Sergeant Richard D. Wyss has earned recognition as a "Dean's Scholar." We congratulate you and Sergeant
Wyss for his outstanding performance as a member of the 95th Administrative Officers Course. It is our
request that you present this letter and certificate to Sergeant Wyss and make it a part of his personnel record.
We are grateful for the support and confidence you have shown in the Southern Police Institute by providing
us with the opportunity to instruct this outstanding officer. It is our hope that you will continue that support
by providing a similar opportunity for others under your command to participate in our future programs. Your
support helps us achieve our mission of advancing the professional preparation, knowledge, and akills of
current and future law enforcement administrators.
Please feel free to contact us if you have any suggestions that would assist us in our mission.
William F. Walsh, Ph.D.
Director
Southern Police Institute
Gennaro Vho, Ph.D.
Acting Chair
Department of Justice Administration
WFW/mhe
enclosure
FROM:
PRESS RELEASE
11 JUNE 1996
Iowa City Police Department
Coralville Police Department
Johnson County Sheriff's Department
On Wednesday September 4, 1996, local law enforcement agencies will undertake
a unique program called Citizen's Police Academy. The main objective of this
academy is to enhance police-community relations by educating the public in the
areas of police administration, organization, and operations. A structured
curriculum will be presented over a twelve week period. Guest instructors will cover
topics on operations, patrol, traffic enforcement, criminal investigation, OWl
enforcement and other related areas (see accompanying handouts).
Educating the public through the Citizen's Academy will create a level of public
awareness with regard to the goals, mission, and also constraints of the police. It is
hoped that the instruction will increase police awareness by dispelling suspicions
and misconceptions and increasing police*community rapport. The information
presented will leave graduates with a greater understanding of the dual
responsibility shared by police authorities and community members in crime
prevention. We also hope it will provide an ideal forum for the exchange of ideas,
problems, and solutions with the ultimate goal being a more responsive police
agency with a community partnership.
The academy will start Wednesday, September 4, 1996, and run for the following
eleven weeks from 6:30pm-9:00pm. The final session will be a graduation
ceremony. Interested citizens must complete an application form, available at any
of the above agencies, and return it by 5:00pro on July 15,1996. Participants will be
selected and notified by August 1, 1996. Class size is limited to 20 persons.
Anyone who lives or works in Johnson County in e!igible to apply. A $20 donation
is requested to defray the cost of materials supplies. For further information,
contact any of the following persons:
IOWA CITY POLICE
Capt. Don Strand 356-5272
Officer Kevin Berg 356-5299
CORALVILLE POLICE
Officer Tim Vest 354-1100
SHERIFF'S DEPARTMENT
Deputy Greg Hippie 356-6020
Workin~ Better
The real strength of Law En-
forcement continues to come
from working with its citizens.
The officers, civilian employ-
ees, and the community com-
ing together is an example of
the cooperation needed to face
today's challenges in our com-
munity. The Citizens Police
Academy is one contribution
to this important partnership.
V
For More
Information:
Coralville Police
Department
Tim Vest - 354-I 100
Iowa City Police
Department
Kevin Berg - 356-5299
Police
Citizen's Police Academy
The goal of the "CITIZEN'S POLICE ACADEMY" is to promote a better relationship between the police dcpa~-
meat and lhe corn munity it serves. It is anticipated that 0. clearer understmlding of a police officer's duties, and the
end results of the officer's actions, will effect a belter m~dcrslanding of police work.
Tile "CITIZEN'S POLICE ACADEMY" will meet once a week for twelve weeks. This will consisl of eleven
class sessions wilere stude~ts will receive lustruction aud informations, a~d also parlicipate iu many hands-on
activities. In addilion to tl~e classroom sessions. each student will also have the opportunity to ride along with a
patrol officer as they perform their duties. Ti~e twelfth week will consist of graduation ceremonies.
The instrnctors are comprised of Iowa City and Coralville sworn police officers and some outside guest instruc-
tors. The instructors work on a daily basis in their area of i~struction a~d will be able to field any questions that
may arise.
The forum for the "CITIZEN'S POLICE ACADEMY" is no! designed to stage a debate on police department
policies, but rather to inform and answer questious the citizeus may have.
...................... ~ -~.'~'~, ~:V.' ...........................
Citizeu's Police Academy Curriculum
Department Organization o Department Tours
Police Officer $el~clion and Traini~g o Ethics o Civil Liability
Criminal Laws .. Search & Seizure - Laws of Arrest o Juvenile Law
Use of Force at~d Firearms * Defensive Tactics
Officer Safety - Media Relatioa~s
Evidence Collection · [)rug Investigation
Operaling While Intoxicated * Traffic Enforcement & Radar - Accident Investigation
Family Violence · Child Abuse o Gangs
Crime Prevention · DARE * Special Operations
Jail 'Four · Booking Procedure
Important
Information
Due to limited class size, participants will
be selected by application.
A $20 donation is requested to cover the
cost of the materials and supplies.
Sessions will be held on Wednesday eve-
nings from 6:30 to 9:00 pm. beginning
September 4, 1996.
Application forms may be picked up at the
Iowa City Police Department or Johnson
County Sheriffs Department anytime or at
the Coralville Police Department between
8:00 am & 7:00 pm
Monday through Friday.
Application deadline:
5:00 pro, Monday, July 15, 1996.
Selected participants will be notified
Augus1 1, 1996.
IOWA ~ITY POLICE DEPARTMENT
CORALVILLE POLICE DEPARTMENT
JOHNSON COUNTY SHERIFF'S DEPARTMENT
CITIZEN ACADEMY
APPLICATION FORM
NAME:
FIRST
ADDRESS:
STREET
HOME PHONE:
DATE OF BIRTH: _._../.__._/
DRIVERS LIC.#
EMPLOYER:
EMPLOYER'S ADDRESS:
UIOOt. E
WORK PHONE:
SOC. SEC.#
OCCUPATION:
NO()
HAVE YOU BEEN ARRESTED FOR ANY OFFENSE OTHER THAN TRAFFIC?
YES ( )
IF YES, WHAT FOR? VVHEN? WHERE?
ARE YOU ABLE TO A'I-I'END ALL 12 SESSIONS? YES ( ) NO ( )
ON A SEPARATE SHEET, EXPLAIN WHY YOU WANT TO ATTEND THE CITIZEN'S
ACADEMY.
PLEASE CIRCLE THE SIZE SHIRT THAT YOU VVEAR: S M L XL XXL
I hereby certify that the information in this application is true and complete to the best of my
knowledge. You are hereby authorized to make any investigation of my personal history
deemed necessary of consideration to attend the Citizen Police Academy.
applicant's signature
date
IOWA CITY POLICE DEPARTMENT
CORALVILLE POLICE DEPARTMENT
JOHNSON COUNTY SHERIFF'S DEPARTMENT
ACADEMY INSTRUCTIONS
The Citizen Police Academy shall not interfere with routine operations of the Police
Department.
Dudng ride along activities, participants will follow all instructions given by the officer.
No interference with the performance of any police officer shall be permitted.
3. The student shall not be armed at any time.
Participants who are asked to identify themselves should explain that they are a citizen
academy participant.
5. SMOKING IS NOT ALLOWED in any city buildings or city vehicles.
6. A criminal records check will be conducted on all students prior to the academy.
7. All participants will conduct themselves in an appropriate and professional manner.
Violation of any instruction, guideline, rule, or failure to comply with a reasonable
request will terminate the citizen's participation in the academy. This is at the discretion
of any member of the Coralville or Iowa City Police Depadments.
In consideration of the above law enforcement agencies granting permission to enter in or upon
any premises or vehicles which are under their actual care or constructive or passive control,
I hereby waive all claims to damage or loss to my person or property which may be caused by
any act, or failure to act, of the Coralville and/or Iowa City Police Departments, Johnson County
Sheriffs Department, its officers, agents or employees. I assume the dsk or all dangerous
conditions in, upon or about the premises or vehicles and waive any and all notice or existence
of such conditions.
I certify that I understand the requirements and responsibilities or participants in this program.
applicant signature
date
MINUTES OF ~ JOINT MEETING OF ~ CORALViLLE CITY COUNCIL,
IOWA CITY CITY COUNCIl, AND ~ JOffNSON COUNTY BOARD OF
SUPERVISORS:
June 6, 1996
Mayor Jim Fausett called the joint meeting of the Coralville City Council, Iowa City
City Council, and Johnson County Board of Supervisors to order in the Coralville City
Hall at 6:30 p.m. Present were: Coralville City Councilors Thomas Gill, Henry Herwig,
Diana Luridell, Jean Schnake, and John Weihe; Coralville Mayor Jim Fausett; Iowa City
City Councilors Karen Kubby, Dee Norton, Naomi Novick, Dean Thomberry, and Dee
Vanderhoff, and Johnson County Supervisors Joseph Bolkcom, Charles Duffy, Stephen
Lacina, Don Sehr, and Sally Seatsman. Also present were Coralville City Attorney Donald
Diehl, Coralville City Clerk Arlys Harmam, Coralville City Engineer Dan Holdemess,
Coralville City Manager Kelly Hayworth, Iowa City Parks and Recreation Director Te~
Trueblood, Iowa City Director of Planning and Community Development Karin Franklin,
Johnson County Council of Governments Transportation Planner Jeff Davidson.
ALTERNATIVE ALIGNMENTS FOR THE PROPOSED EXTENSION OF
HIGHWAY 965 BETWEEN HIGHWAY 6 AND HIGIIWAY 1
Jeff Davidson presented for discussion the two preferred alternative alignments for an
extension &Highway 965 from Highway 6 to Highway 1 which were identified in a study
conducted by the Johnson County Council of Governments. He said that the Coralville
City Council had selected the west alignment as the preferred alignment and the Iowa City
City Council had selected the east alignment as preferred. Davidson said that they should
create a transportation system that works for the whole community. Davidson indicated
the .lobrison County Board of Supervisors seemed to be in agreement with the extension
of Highway 965 but had not voted in favor of either alignment.
Davidson pointed out that what is proposed for Highway 965 south of Highway 6 is
an urban arterial street with curb and gutter and sidewalks, not an extension of the rural.
type highway to the north of Highway 6. He felt that this was significant for long term
plans and that participation by the Johnson County Board of Supervisors was critical
because the Board currently controls land where construction will be until such time that
Iowa City or Coralville annexes the land. The Board would need to protect the land
where the proposed road would be built for that future use.
Davidson said that the two alignments being discussed were selected because they
minimized the engineering required to complete. He reviewed the path that would be
taken by the east and west alternatives for the highway. His assumption was that the
construction of a Highway 965 extension would proceed in the same manner as Oakdale
Boulevard or Scott Boulevard, taking 10 to 15 years to occur.
Davidson addressed the question of the Deer Creek area. He said that this is the area
where he anticipated the road would be built first because there was more intense interest
there. He said that the existing Deer Creek Road may have to serve as the arterial
connection from the new highway to Melrose Avenue until a Highway 218 bridge is built.
He the~ discussed the difficulties with using the current Deer Creek Road right-of-way as
Informal Minutes, Joint Meeting: June 6, 1996/page 2
an alternative location for the proposed highway extension- discontinuity with the
Highway 965/Highway 6 intersection, poor location adjacent to Highway 218 for
providing access to developing property in the area, and changes in the horizontal profile
of a reconstructed Deer Creek Road would create difficulty tying in existing driveways.
For these reasons Deer Creek Road was not offered as a proposal.
Kelly Hayworth pointed out the structural reasons for supporting the west alternative
and that there can be a direct connection with Deer Creek Road. He felt the west route
woul~l more clearly deal with the growth boundaries. Karen Kubby questioned the
relevance of building along the growth boundary. Hayworth said that it is because of the
services which are limited to the different cities. Dee Norton said that to limit the growth
area they might change the growth boundaries. Kubby said they might have to say no to
some developer. Hayworth said that in order to make changes in the growth boundaries
that joint agreements would have to occur. Joe Bolkcom asked where the line would be
for gravity sewer, which Kelly Hayworth pointed out. Kafin Franklin explained that these
different lines on the map bring up significant questions in development. Hayworth said
they would be forced to address the growth boundary because development was not going
to stay on one side of the road. Franklin said that the nature of the growth line was that of
a political line.
Davidson said that the Iowa Department of Transportation considers the proposed
extension a local service road to let traffic circulate and allow for growth. He said that
they may be able to get the federal government to participate in funding.
Franklin said that they would be looking at a 2-lane road. She said that it would be
possible to have construction done by private owners when developing and that the
County could include this in their planning. Norton asked if it would have to go straight
south to Highway 1. Davidson said that any possible alignment would be a local decision.
Davidson said that it might be 20 years before Highway 218 is bridged, depending on
funding.
Kubby asked what phase building was in. Hayworth said that building hadn't started
but that areas could be available immediately for development. Kubby asked how the west
alignment would progress. Hayworth said that the existing quarry could slow down
development in that area. Davidson said there is nothing planned that takes the highway
extension any further south.
Norton asked if the extension had been discussed with private interests along the
alignments. Davidson said he spoke to many of the property owners. He also had
received calls from a number of realtors and landowners on both sides of each alternative.
There was discussion concerning the feasibility of the horizontal profile connecting
the roads in the Deer Creek area. Bolkcom said that it would be very expensive to tie
those roads into a vertical profile. Novick asked about moving the road. Bolkcom asked
how far the road would be moved. Davidson said he had discussed the issue with the
property owners in that area.
Kubby said that even ifone alternative is chosen, over time the east/west traffic routes
will influence the development of the Highway 965 extension. The future of Melrose
Avenue was discussed as an important factor in traffic patterns in this area. Thomas Gill
said that Mormon Trek would not hold traffic.
Informal Minutes, Joint Meeting: June 6, 1996/page 3
Dee Vanderhoff spoke in favor of the east alignment. Kubby stated that the east
alignment was better because the west alignment would facilitate sprawl. Gill replied that
sprawl would not occur if city councilors did not allow it.
Davidson said the east alternative might be more expensive but looking at all factors
they were basically equivalent.
Henry Herwig said that because the west alternative lies within Coralville's growth
area the east alternative would make growth more difficult for Coralville. Bolkcom stated
that if the west alignment were chosen, the road would be controlled by Coralville down
to Deer Creek, hence giving Coralville more control than Iowa City over the planned road.
Franklin stated that it was not Iowa City's plan to construct a road ahead of
development.
Mace Braverman said that there would likely be development in the area controlled by
the County. Kubby raised the question how the quarry and residential traffic would
merge.
Herwig said the west alternative was most favorable for development. Jim Fausett
agreed that development would occur fastest in the western portion of the area under
discussion. Bolkcorn said that a circuitous route would not be wise.
Davidson said he was looking for a consensus for one of the alternatives from the 3
entities involved, Iowa City, Coralville, and Johnson County. He said there was a lot of
interest in the area. That was why he was trying now to seek a consensus. He said that
infrastructure decisions were being made collectively but then it is up to the jurisdiction of
the separate entities.
Dean Thomberry asked how many more lift stations would be required for a west
alignment over an east alignment. Davidson did not have data on lift stations.
Thornberry, Vanderhoff, and Norton discussed the need for an arterial street in the east
part of the area in question and that it would be a necessary part of sewer development.
Vanderhoff said that the only other north-south arterial in the area was Mormon Trek
Boulevard. Kubby said that they try to keep arterial roads at 1 mile intervals.
Steve Lacina mentioned the need to put in a lift station for Windsor Ridge and asked if
developers are required to pay. Davidson said that they did and it was an interim measure.
Lacina asked how expensive a lift station would be. Braverman said it would cost
$10,000 a year to maintain a lift station. Novick brought up the necessity of sewer lines
being built in conjunction with growth.
Novick said that they don't want arterial roads too near homes. Davidson said the east
alignment comes nearest to developed areas of Iowa City.
Kubby asked for an agreement that conserves the environment during construction, to
ensure less destruction. Gill said everyone has a uniform standard to follow. Novick and
Herwig said the concern over conservation can be addressed in agreements with private
contractors. Kubby said that people and the environment are not in conflict, they could do
what they can as individual entities, and that communities have leverage in development.
Fausett said these concerns can be addressed in a final plan.
Norton said he had a better understanding of Coralville's arguments.
Charles Duffy said that Johnson County is a big player in the game. He said most of
the land in the area is not the best farmland but this puts the Board of Supervisors in a
spot. He understood that Mormon Trek was congested. To Duffy whether the east or
Informal Minutes, Joint Meeting: June 6, 1996/page 4
west alternative was selected did not matter. He felt the County still had a lot of
unanswered questions, such as the impact on landowners in the area and where
development would occur.
Bolkcom and Duffy indicated that the County was not in a position to make a decision
yet. Bolkeom said that he thought that the east alternative was preferable but was
concerned about how close it came to the County Shop. On the other hand he saw that
because the landfill would not be developed as residential property the west alternative
could be preferable
Lacina asked what was the purpose of the road. Was this a land use policy? Was it
viewed as a people mover? He expressed his hope that a design for this extension would
be with 100 years growth in mind.
Braverman asked about running Highway 965 onto Highway 218. Davidson said that
federal highway administrators would not agree to it because the highways are too close
together. Davidson said such a venture would require much more construction than either
the east or the west alignments.
Kubby asked that a westside park area should be discussed at some point.
Vanderhoffsuggested identifying 2 arterial streets; don't build both alignments, but get
a people mover that will serve for the nex~ 15 years; then make a more western alignment
later.
Fausett agreed with Kubby's suggestion that they try to find an answer in the next 8
weeks and said that discussions could continue on an individual basis.
DISCUSSION OF TRANSIT ISSUES
Novick asked if there is a possibility of coordinated transit between Iowa City and
Coralville. She asked if Iowa City and Coralville wished to do this, and if so, when.
Novick said she was speaking specifically about buses. Gill said SEATS should be
involved because money for coordinated transit could not come out of the general fund.
Davidson reviewed funding for transit.
Novick saw jurisdictional problems in fares between Coralville and Iowa City. Fausett
said it was something to consider and that permission had been granted to change the fares
already. Thornberry opened a discussion of transfers and passes.
Kubby asked if Coralville was open to discussion about this transportation issue.
Herwig said that Gill was correct in that they were not going to subsidize transit with
property taxes. He said as variables change it opens new possibilities.
Meeting adjourned at 8:30 p.m.
Tom Slockett, Auditor
By: Deputy
On the day of
By Erin Browder, Recording Secretary
, 1996
~Opm p. ~
Jobmort County,
Don Sehr, Chairperson
Joe Bolkeom
Charles D~ Duffy
Stephen P. Laeina
Sally Slutsman
BOARD OF SUPERVISORS
June 18, 1996
I~FORMAL MEETING
1. Call to order 9:00 a.m,
Agenda
2. Review of the formal minutes of June 13th.
Business from Rufme Anciaux re: Senior Center update/discussm.
Business from .left Davidson, Executive Director for Johnson
Council of Governments and Larry Olson, Director of S.E.A.T.S.
a) Discussion re: six month extension of the FY 96 Paratransit
Agreement between the City of Iowa City and Johnson County.
b) Other
5. Business from the County Engineer.
a) Discussion re: request to vacate portion of Payne Road in Section 27-
81-6.
b) Other
Business from Mike Foster, Director for Congregate Meals mid Bey
Clearman, Chairperson for Nutrition Program re: Agreement of
Underslandmg with Heritage Area Agency on Aging, Kirkwood Commumty
College and Johnson County Board of Supervisors regarding Nutrition
Program/discussion.
913 SOUTH DUBUQUE ST.
F~c~, Jo ~ogart;~ ~-1']-96 3,20pn
p. 3 of 3
Agenda 6o18-96
Page 2
7. Business ~om the Board of Supervisors.
a) Discussion re: City of Iowa City Leachate Conveyance System Project
across County Farm property.
b) Discussion re: Bbard representation on the FY '98 Work Group for
Johnson County Services Management Plan for persons with Menial
Illness/Mental Retardation/Development Disabilities (The first meeting
will be June 24th at l:00 p.m. at the ARC Office).
Discussion re: appointments to the Nutrition Advisory B9ard.
d) Report§
e) Other
8. Discussion from the public~
9. Recess.
0-1~-~0 9:0~ p. 2 of ~
Johnson County
Don $¢hr, Chairperson
Joe Bolkcom
Charles D. Duffy
Steph~n P. Lacina
Sally S~utsman
BOARD OF SUPERVISORS
June 20, 1996
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: formal minutes of June 13th.
4. Action re: payroll authorO~afions
5. Business ~om the County Auditor.
a) Action re: permits
b) Action re: reports
1. Clerk's May monthly report.
c) Other
6. Business from the Planning and Zoning Administrator.
a) Final consideration of application Z9616 of Robert and Erma Wolf..
b) Final considemti6n of application Z9612 of Richard and Nova
Dannels.
c) Final consideration of application Z9620 of Clair Doyle and Arlene
Doyle.
d) Final consideration of application Z9621 of Gary Yoder.
e) Final consideration of an amendment to the Johnson County Zoning
Ordinance, Chapter 8:1.33, Applications by adding a new paragraph
913 SOUTH DUBUQUE ST P.O BOX 1350 IOWA CITY, IOWA 52244-1350 TEL- (319) 356-6000
FAX' (319) 356-6086
Agenda 6~20~96
Page 2
III, Department of Public Health Zoning Activities Fees, 1. Zoning
Amendments, a. For changes of any District to the A1, A2, A3, RS,
RS-3, R1A, R1B, or R2 Districts: $50 b. For changes of any District
to the RIvlH, R3A, CI, C2, CH, C-AG, CP1, CP2, M1, or M2
Districts: $50 C. For any modification to an application after its
official publication that is in the nature of a change that shall require
republication: no fee 2. Subdivision, a. Combined preliminary and
final plat: $20 / lot b. Preliminary plat:' $20/lot for subdivision using
private wastewater treatment & disposal systems (Johnson County
Department of Public Health permitted); $10 / lot for subdi.m.'.sion
using centralized wastewater disposal system (Iowa Departm.ent of
Natural Resources permitted). c. Final Plat: no fee 3. Boaid of.
Adjustment, A. Application for variance: no fee b. Application for
special exception: no fee c. For any modification to an application
after it's official publication that shall require republication: no fee 4.
No refund shall be made of any required fee accompanying a required
application once filed with the administrative officer. .~
f) Final consideration of an amendment to the Johnson County Zoning
Ordinance: (a new paragraph) Boundary Line Adjustments, Chapter
8:1.4 Definition of Ierms, adding Paragraph 13 Boundary Line
Adjustment: The adjusting of a common boundary line between two
lots or parcels which will not create a new buildable lot. and Chapter
8:1.22 Subdivision Regulations, Paragraph I. General Provisions,
adding Subparagraph 7 Boundary line adjustments exemption: A
boundary line adjustment between two lots or parcels with a common
boundary is exempt from the platting procedures of
this ordinance under the following conditions: the owners of the
common boundary submit a plat of survey prepared in accordance with
Chapter 354 of the Iowa Code and the Plat of Survey is reviewed and
approved by the following: A. Johnson County Department of Public
Health, B. Johnson County Planning and Zoning Department, C.
Johnson County Secondary Roads Department (if applicable), D.
Utility companies (if applicable). After review and approval of above
agencies and an endorsement by the Johnson County Zoning
Administrator, the plat shall be recorded in the Office of the Johnson
County Recorder. Chapter 8:1.33 Applications, Paragraph II. Fees,
adding Subparagraph 5 (,new paragraph): Boundary line adjustment:
$75
~o, IO{A CITY CLERK
Fzom, Jo H¢~ar~y 6-19-~6
9,0Ra~
Agenda 6-20-96
g) Discussion/action re:
Development Company
8:1.35, site plan review.
Page 3
revised site plan approved of Gateway
application (SP08) puts, rant to Chapter
h) First and Second comideration to amend the legal description of
Ordinance 08-24-95-Z8 of Kevin Castle (Z9528). Parcel is described
as being a portion of Lot 1 of Robert Miller Subdivision located in SE
1/4 of the NW 1/4 of Section 36-81No5W of the 5th P.M. in Johnson
County, Iowa.
i) Other
Business from the Assistant Planning and Zoning Administrator.
· a) Discussion/action re: the following Platting applications:
Application S9619 of Gary Yoder requesting preliminary and.final
plat approval of Old Homestead Subdivision, a subdivision Of
certain property described as being in the NE 1/4 of the SE I'/.4 of
Section 25; Township 78'North; Range § West of the 5th P.M. in
Johnson County, Iowa Cliffs is a 2 lot, 3.32 acre, 1-1or residential
and 1-1or farmsteadsplit, located on the west side of Highway # 1,
approximately 1/2 mile south of 540th Street SW in Washington
Application S9623 of Richard Tompkins and Clair and Arlene
Doyle, signed by Richard Tompkins, requesting preliminary and
final plat approval of Broken Arrow Subdivision, a subdivision
described as being located in the North 1/2 of the NE 1/4 of Section
9; Township 81 North; Range 6 West of the 5th P.M. in Johnson
County, Iowa (This is a l-lot, 3.24 acre, residential subdivision,
located on the north side of 120th Street NE, approximately 1/4
mile east of the Ely Road NE and 120th Street NE intersection in
Big Grove Twp.).
Application S9628 of Winthrop Gregor requesting preliminary and
final plat approval of Gregor's Subdivision, a subdivision described
as being located in the NE 1/4 of the NE 1/4 of Section 11 and the
NW 1/4 ofthe NW 1/4 of Section 12; all in Township 81 North;
Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a
l-lot, 10.79 acre, farmstead split, located in the
p. $ of 6
Agenda 6-20-96 Page 4
SW quadrant of' the 120th Street NE and Hickory Road NE
intersection in Jefferson Twp.).
8. Business from the County AttoLa]ey.
a) Report re: other items.
9. Business from the Board of Supervisors.
a) Action re: Board representation on the FY '98 Work Group ~for
Johnson County Services Management Plan for persons with Mdntal
Illness/Mental Retardation/Development Disabilities (The fii'st
meeting will be June 24th at I:00 p.m. at the ARE Office).':
b) Action re: approval of 1995 Family Farm credits signed for Iowa City
Districts 51 and 52 as recommended by the Iowa City Assessor.
c) Discussion/action re: amendment to 28E Agreement with East
Central Iowa Employment and 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 Quahty Jobs contract.)
d) Action re: Agreement of Understanding with Heritage Area Agency
on Aging, Kirkwood Community College and Johnson County Board
of Supervisors regarding Nutrition Program and authorize Chairperson
to sign contract in the amount of $336,302.00.
e) Motion authorizing the county engineer to proceed with requests to
vacate a portion of Payne Road in Section 27-81-6 and a portion of
Davey St. in Morse, Iowa. (Public hearing date to be set later.)
I) Motion approving six month extension of the FY96 Paratransit
Agreement between the City of Iowa City and Johnson County and
authorize the chairperson to sign
g) Motion re: Easement to City of Iowa City to construct a leachate
conveyance system across County Farm property and authorizing
chairperson to sign.
h) Action re: County Engineer position.
i) Action re: f~reworks permits.
j) Other
1 I. Adjourn to informal meeting.
'.'.'E]:oa, Jo Ilog~t!~ 6-1~-~6 9,O~as p. 6'* of 6
Agenda 6-20-96
a) Business from Bob Saunders.
Page 5
1. Discussion re: certificate of insurance for work being performed
in the county right-of-way.
2. Discussion re: policy regarding utilization of Mercy Occupational
Health Program for on-the-job injuries.
3. Discussion re: increase in Umbrella Insurance.
4. Discussion re: Professional Liability Insurance.
b) County Engineer interviews (possible executive session to evaluate the
professional competency of individuals whose appointment, hiring,
performance, or discharge is being
considered...)/discussion.
c) Discussion _re: County Engineer position interviews (possible
executive session to evaluate the professional competency of
individuals whose appointment, hiring, performance, or discharge is
being considered...)
d) Inquiries and reports from the public.
e) Reports and inquiries from the members of the Board of Supervisors.
Report from the County Attorney.
g) Other
12. Adjournment.
STANLEYCONSULTANTS
INFORMATIOH · NEWS · FACTS · OPINIONS
Faced with the implementation of new, more stringent ammonia removal standards,
the C~ty of Iowa Ci ,ty, Iowa, took a proactive stance and negotiated its own compliance
schedule. Stanley Consultants is assisting the City with an innovative design to meet
the effluent standards of ammonia removal as required by the Environmental
Protection Agency and the Iowa Department of Natural Resources.
Stanley Consultants evaluated various alternative ammonia removal mechamsms.
After considenng factors such as land requirements, cost, effectiveness, and flexibility,
the Prolect Team selected a nitriflcation-demtrificat~on activated sludge system. It is
designed to reduce ammonia and nitrate in the Clty's wastewater pnor to discharge
into the Iowa River.
The desi§n mimmizes energy consumption by utdizmg nitrate as an oxygen source
dunng carbonaceous BaD removal. Using state-of-the-art modifications, the
secondary clarlfiers enhance settling efficiency and sludge removal. thereby
minitatung effluent solids carryover
For more information about
aremama removal Optlon~ or for
an evaluation of your system,
please call Sam Snyder at
319/264-6276 or e-marl
m/o~tanley. group. com.
WItAT OFFIONS DO YOU HAVff?
If your wastewater treatment facility is having d~ficulty meeting new, more stringent
ammonia ragulalions, there are options available. We can assist you in deterrainingwhat is
best for your facility. Typical techniques used by municipahties to m~ existing laciliries
for ammonia reduction are:
Trickling Filter Systems
Replace Filter Rock
Switch to Biotowets
Reduce BOD Sudace Loading Rates
Add Activated Sludge
Add Solids Conrad
Upgrade Secondary Clarifiers
Cover Existing Filters
Activated Sludge Systems
Add Reactor Volume
Increase Sludge Age
Modify Aeration Efficiency
Increase BOD Removal
Develop an Anoxic/Aerobic Proess
Lagour~t'etl and Systems Increase Capacity
Provide for Winter and SpringStorage
International Consultants in Engineering, Architecture, Planning, and Management
Musealine. IA. Chicago. IL · Cleveland, OH. Denver, CO. Des M~ines, IA
Los Vegas, NV. Madison, WI. Minneapohs, A4N. Phoenix, AZ. West Palm Beach, FL
Other offloes Ioea~cl wodd~de "~2:
LYLE gOONg. A~a~un¢.¥1um~m~
RANDY gVAN~..~.~atan~ Mam~qm~ Editor
THE REGISTER'S EDITORLALS
Unfair to cities, counties
The tate should keep its promise
to reimburse property-tax credits.
Imagine that Congress were to ord. erat this year's rate and no more."
the state of Iowa to provide a state m-Mter years of hearing city and county
come-tax deduction of, say, $4,850. perofficials complain about the unfairness of
household and, in exchange, the federalthe state's failure to fully reimburse the
government would reimbume the state forstate-ordered tax breaks for homeowners,
the lost revenue. the Legislature last session appropriated
But, what if the federal government ig-$22 million to cover the shortfall. Alas,
noted that promise and sent only a portionGov. Terry Branstad vetoed the appropria-
of the reimbursement? It doesn't taketion, saying there is no way to assure that
much imaginauon to hear the howls of pro-the reimbm~ements would be used by local
test that would echo through the State-governments forproperty-taxrelief.
house in Des Moines. Yet, that is preciselyThe governor is dead wrong.
what the Iowa Legislature has done to theFirst, the taxpayers already got the tax
cities and counties of Iowa~ relief when they got the tax credits. All the
Over the years, the Legislature has man-Legislature is doing is making cities and
dated that cities and counties exempt acounties whole for the lost revenue. What's
portion of the taxable value on homes tomore, by refusing to fully reimburse local
encourage owner occupation of residentialgovernments for the tax credits, the gover-
property and to ease the property-taxnor is himself reducing the tax-relief rune.
burden for veterans, the disabled and el-tion of the credits by forcing cities and
derly. The largest of these credits is thecounties to raise tax rates to compensate
homestead tax credit, which was created infor the lost revenue.
1937 to encourage home and farm owner-The governor said in his veto message
ship during the Depression. Today it
amounts to $4,850 in reduced taxable that there are better ways to provide tax
value per homestead. relief to property owners, and he may be
In Des Moines this year, the homestead right about that.
tax credit will shave $208 off the tax bill of But the governor is wrong to go back on a
every homeowner. There are similar cred-deal that's been in place for six decades. If
its for veterans, the elderly and disabled.he doesn't like the tax credits for home-
When the state created these credits, itsteaders, veterans, disabled. etc.. he should
agreed to reimburse local governments forput a bill before the Legislature to elimi-
the lost revenue -- otherwise, the localnate them and propose something better.
govemunents would simply tame property-But, so long as the state mandates local
tax rates to make up the difference.governments to exempt a pertion of homes
About five years ago, the Legislaturefrom taxation with the promise that the
ehminated "automatic pilot" spending in-state will pick up the difference, the state
creases -- that is. obligations that go upshould stick by its word. It is only fair.
year after year, with or without action byThis situation is emblematic of the pater-
lawmakers. Among them were the tax- nalist, c attitude of tl,~e governor and many
credit reimbursements; the lawmakers sire-legislators toward local government. There
ply capped the reimbursements at the ex-are many other examples of the state's cav-
esting levels, despite growth in local taxesalier treatment of cities and counties, but
and m the amount of residential p,:opertythe most egregious abuses tend to fall into
on the tax rolls. the category of property taxes. The result
To borrow the example of the family is a property-tax system that is cunvoluted
budget, which critics of government deft°and shot through with inequities.
cits always cite, this is sort of like a lankilyIt is time for an exhaustive review of the
saying: "We can't afford these increases inpreperty-tax system in Iowa. And a good
our electric bills, so we're just going to payplace to begin is with the tax credits.
City of Iowa City
MEMORANDUM
Date: June 20, 1996
To: Steve Atkins
From: Rob Winstead
Re:
Railroad Crossing Complaints
Clinton / Lafayette: A "Notice of Intent" (the form required to get in line for 60% State / 20%
Railroad / 20% City funding) was filed with the I.D.O.T. in July 1994. Funding will most
likely be available for the 1999 construction season. The project will entail complete crossing
reconstruction. I will pursue having the CRANDIC Railway perform temporary repairs as soon
as possible.
South Dubuque: A "Notice of Iratent" has not been filed for this crossing. I will make another
request for repairs to be made by the CRANDIC (I talked to them about this crossing this past
Spring).
Highway 6 at Country Kitchen: A "Notice of Intent" was filed in July 1994. Funding will
most likely be available for the 1998 construction season. The project will entail complete
crossing reconstruction. Temporary repairs were made in the Fall 1994. The I.D.O.T.
coordinated the repairs and provided traffic control measures. I will check its condition and
discuss the situation with the I.D.O.T. and the CRANDIC Railway.
We have created "Raikoad Data Sheets" to document the condition and past maintenance history
of all the "at-grade" crossings in Iowa City. Our goal is to anticipate and prioritize State funded
surface repair projects since they are based on a "first come, first serve" system at the I.D.O.T.
It takes approximately 4-years to get funding from the State. The paper work requires the
raikoad's signature and they are never anxious to sign. FYI, we are working with the Iowa
Imerstate Railroad to upgrade the Scott Boulevard crossing.
CC:
Rick Fosse
Chuck Sclunadeke
City of Iowa City
MEMORANDUM
To: Pick Fosse
From: Jeff McClure
Date: June 18, 1996
Re: Burlington Street and Gilbert Street Intersection Improvement Project
Five (5) weeks into the pro.iect, a total of sixteen (16) working days has been performed
by Streb Construction. This project is still two (2) weeks behind schedule. The north
half of Burlington Street was paved last week and the south half will be completed by the
end of Monday. The wrong paving brick was delivered to the site and the correct pay'rag
brick will not be available until the first week in July. Since Burlington Street can not be
opened to traffic unless the brick paver crosswalks are in place, Burlington Street,,vill not
be reopened (to through traffic only) until mid July. This situation, however, is not as
bad as it seems. Local businesses would still need to be accessed from the existing detour
routes even if Burlington Street was opened since no turning movements would be
allowed. Also, the additional closure time allows the contractor to work more effeciently
and effectively under ideal conditions and complete the overall project as soon as
possible. The Construction will proceed as planned and the intersection will remain
closed until the madway paving and crosswalk brick pavers are installed.
c:~mso ffi ceXwin wo rd~pr oj ects~hwy I ..gil~updatc_3.doc
INFORMATION PACKET
June 28, 1996
JULY 1 - WORK SESSION AGENDA ITEMS
Memorandum from JCCOG Transportation Planner: Discuss alternative alignments for
the proposed extension of Highway 965.
Memorandum from Director of Parks and Recreation: Mercer Perk Gymnasium Project.
Memorandum from Director of Housing and Inspection Services: Status of the Tenant
to Ownership Program (TOPI.
O
MISCELLANEOUS ITEMS
Memorandum from City Manager: St. Pat's Parking Ramp.
Memorandum from Assistant City Manager: Cable TV Franchise Information.
Memoranda from Mayor:
a. Outdoor Symphony Concert for Iowa City
b. Future Fundraising
Copy of letter from HUD to Mayor: FY96 Consolidated Plan Annual Action Plan.
Memoranda from City Clerk:
a. Evaluations
b. H.F. 2190- Summary of Ordinances
Memorandum from City Attorney: Partial Litigation Update.
Copy of memorandum from Director of Planning and Community Development to City
Manager: Elks Golf Course.
Copy of memorandum from Director of Planning and Community Development to
Planning and Zoning Commission: Fringe Area Policy Agreement. (Council 3ackets
only)
Memorandum from Steven Nasby: Housing and Community Development Commission -
Conflict of Interest Issues.
Copy of memorandum from Scott Kugler to City Manager: Update on Status of .
Proposed Longfellow Neighborhood Conservation Districts.
Article entitled "Business Park Proposed for Cedar Rapids." (Novick)
Agenda for July 2, 1996, meeting of the Council on Disability Rights and Education.
Minutes of April 18, 1996, meeting of the PATV Board of Directors.
Agenda for June 25,
Supervisors.
Agenda for June 27,
Supervisors.
1996, informal meeting of the Johnson
1996, formal meeting of the Johnson
County Board of ~
County Board of
Information Packet
June 28, 1996
page 2
Memo from Mayor regarding Council Travel Policy.
Copy of letter from Board of Supervisors regarding article in Press-Citizen on
Council being a leader in promotion of businesses.
Memo from City Attorney regarding update on property acquisition and marketing or
disposal of public property; assignments.
Copy of memo from City Clerk to Special Census Committee regarding activity update.
Agenda for Board of Supervisors meeting 7/2/96.
Copy of memo from Police Chief regarding meeting with Downtown Association,
Copy of memo from P&R Director to Sheila King & Kelly Soukup regarding a small
fireworks display in lower City Park 9/29 & 10/4.
Copy of letter from State Historical Society regarding appreciation for Fire Depts. service.
Information regarding Swimfest '96. j~.~
Copy of letter from City Mgr. to University Heights Mayor regarding transit contract.
Copy of memo from Civil Engineer regarding Burlington/Gilbert Sts. intersection
project update.
JCCOG
'-memo
Date: June 24, 1996
To:
From:
Re:
City Council, City of Iowa City
Jeff Davidson, Transportation Planner e~
Discuss alternative alignments for the proposed extension of Highway 965
At your July 1 work session we will continue our discussion of the alternative alignments for the
extension of Highway 965 between Highway 6 and Highway 1. Although the June 6 joint
meeting with the Coralville City Council and the Johnson County Board of Supervisors did not
produce a consensus on the preferred alignment, [ believe it was still a useful exercise for
allowing each entity to present its point of view. You received the minutes to this meeting in
your June 21 information packet.
Remember, we are attempting to reach consensus on this matter so that an agreement can be
executed between the three political bodies which will protect the corddot along which the road
would be constructed. This will allow the road to be constructed in segments over the next
several years, and ensure the continuity of the artedal street system. There are many property
owners in this area interested in redevelopment of their property. W~thout the corridor
protection agreement, it is possible land use decisions may be made which will result in much
higher expense to acquire the road right-of-way in the future.
Kadn and I will be present to answer any questions at your meeting on July 1. If Council can
indicate a preference for going one way or another on this issue, staff is certainly willing to
provide any additional information you might find necessary. Please give me a call at 356-5252
if I can answer any questions prior to the meeting.
Attachment: June 6 Joint Meeting Minutes
cc: Steve Arkins
Karin Franklin
Chuck Schmadeke
Rick Fosse
TO:
FROM:
DATE:
RE:
CITY OF IOWA CITY
PA~RKS AND RECP~EATION DEPARTM~T
M EMOl~ D UM
City Council
Parks & Recreation Director
June 27, 1996
Mercer Park Gymnasium Project
On behalf of the Iowa City Parks and Recreation Foundation, I am
writing to let you know we will be attending your July 1st work
session to once again discuss the proposed expansion of the
Mercer Park Aquatic Center, and in particular, to seek approval
to proceed with fund raising efforts.
As discussed at your May 20th work session, the proposed project
will cost approximately $1.5 million for design and construction
of a 16,000 square foot addition to accommodate two basketball
courts (overlapped by three volleyball courts), and a
multipurpose room.
You will recall that the proposed funding package for this
project includes a fund raising campaign to generate $300,000 in
donations (possibly more). Our Foundation committee has
determined that it will be necessary to hire a professional fund
raiser to assist us in this effort° We have interviewed such an
individual, and would like to enter into a contract with him, at
a cost of approximately $15,000. He has experienced great
success with campaigns in North Liberty, Cedar Rapids and Marion
(among others) and is highly recommended by those with whom he
has worked in these communities.
There is some urgency to our situation, as this individual has
been approached by others seeking his services, but he has'
placed them "on hold" until he hears back from us. He has been
informed that we cannot make a commitment without Council
approval, which we hope to receive July 1. We cannot embark
upon a fund raising campaign without Council's commitment to
support the overall financing package and future operating costs
(see attached).
TO:
FROM:
RE:
DATE:
City Council
Parks & Recreation Director
Mercer Park Gymnasium Project
June 27, 1996
The School District has confirmed that they recognize the need
for such a facility, and they are supportive of it. However,
they are not in a position to actively participate financially.
As a reminder, this project is considered the number one C.I.P.
priority as ranked by the Parks and Recreation Commission in
June, 1995. It was also determined to be a very high priority
by the Parks, Recreation and Open Space Task Force which was
part of the "Iowa City: Beyond 2000" endeavor in 1994o
Attach.
We will see you Monday evening. In the meantime, should any of
you have any questions, please feel free to give me a call.
Parks and Recreation Commission
MERCER PARK AQUATIC CENTER
PROPOSED EXPANSION
6/27/96
POTENTIAL FINANCING OPTIONS:
$700,000
debt from non-referendu~ G.O. bonds
...maximum amount allowable by law
...requires City Council approval
$250,000
borrow from City's working capital
...requires City Council approval
$250,000
$300.000
borrow from Parkland Acquisition Fund
...requires recommendation from
Parks & Recreation Commission
(done 2/14/96)
...requires City Council approval
private sector fund raising
...requires City Council approval
$1,50D., 000.
PRELIMINARY ESTIFu%TES, OPERATING COSTS & REVENUES:
Estimated operating costs
$1-50,000 ( not including
loan paybacks)
Estimated program/rental revenues = $60,000-75,000
To: City Council ~
From: Douglas Boothroy, Direct~
Re: Status of the Tenant to C
TOP
Tenant-Ownership
Program
Housing and ir~pection Services
3erehip Program ~I'OP)
The Iowa City Housing Authorit,, (ICHA) under its TOP program will be providing an opportunity
for homeownership to applicants and participants in the ICHA low income housing programs
residing in Johnson County. The TOP program assists families in obtaining their own home and
helps families get off federal housing assistance.
The TOP program was approved by the ICHA (City Council) and Department of Housing and
Urban Development in 1993 and obligated the ICHA to sell 20 single-family houses owned by the
ICHA to low income families. As a result of this agreement, HUD provided funds (over $2 million)
to construct 20 single-family replacement housing units which are located in the Whispering
Meadows. This funding provided construction jobs during 1995, and now is providing the
opportunity for 20 low-income families to own their own homes.
Council requested staff not proceed with the TOP program (i.e. selling 20 dwellings) until the
replacement dwellings were completed. All 20 dwellings have been completed and staff is now
ready to seek applications for homeownership. The proposed application deadline is August 5,
1996. Our goal is to have several families in their own home before the end of the year. The
TOP program stipulates that income generated from the sale of the 20 houses will be used to
support the TOP program and the income in excess to be treated as ICHA reserve funds and
used for low-income housing rolated activities. Enclosed in the Council's packet is the TOP fact
sheet that summarizes the program. Staff will be present at Council's July 1, 1996 informal
meeting to discuss the TOP program.
TOP
TENANT TO OWNERSHIP PROGRAM
QUICK FACTS
Tenant-Ownership
Program
PURPOSE:
The Tenant to Ownership Program (TOP) will sell twenty single family houses owned by the Iowa
City Housing Authority (ICHA) to selected low to very low income families.
AUTHORITY
Resolution 93-255 adopted by the ICHA September 14, 1993 and authorized under Section 5H
implementing agreement for conversion of public housing to private ownership approved by
Department of Housing and Urban Development (HUD) September 17, 1993.
SALE AND OWNERSHIP
Sale. of the single family houses will be on a fee simple basis with a "silent" second mortgage .
carried by the ICHA.
PURCHASE ELIGIBILITY & SELECTION
A. Application
Low to very low income families who are interested in TOP must submit an application for
that specific purpose and those applications will be handled separately from the
applications for other ICHA programs. TOP applications will be date and time recorded
when they are received by the ICHA. Subject to eligibility and preference factore,
selection shall be made in order of receipt. Application for TOP will not affect the
applicant's place on any other ICHA waiting list. Potential buyers will be screened by the
local lending institution for residential loan capabilities.
B. Eligibility/Preference Factors
1. Families will be given preference who have lived in Johnson County at least 6
months prior to their TOP application.
2. Families will be given a preference who have demonstrated economic self-
sufficiency through one of the following: a satisfactory work history of more than
one year; enrollment in family self-sufficiency program; completion of a job training
program; or who meet an equivalent standard of economic self-sufficiency.
3. Families must be income eligible by household size and within the 80% of median
income level established by HUD but shall have a gross annual income of at least
$16,000.
4. Families currently living in public housing for at least 30 days shall have first
priority. Families currently receiving Section 8 rental assistance for at least 30
days shall have second priority. Families who are waiting for assistance as
recognized by the position on the waiting list of the ICHA shall have third priority.
All other income eligible applicants must meet the selection criteria and will be
required to execute a lease/purchase agreement to meet the statutory occupancy
requirement before title is transferred.
5. Eligibility shall be limited to applicants who have been current in all their lease
obligations for a period of six months prior to filing their TOP application.
6. Selection will be limited to applicants who are capable of assuming the financial
obligations of home ownership. The standard is defined as, in part, the following
requirements: having projected monthly payments for mortgage and principal and
interest, plus liability, fire and casualty insurance, real estate taxes, utilities,
maintenance and other regular occurring homeownership costs not to exceed the
sum of 35% of the applicant's gross income.
7. Applications will be given preference which require the least second mortgage by
the ICHA.
COUNSELING, TRAINING AND TECHNICAL ASSISTANCE
Appropriate prepurchase counseling and training is required and will be provided by the ICHA.
PURCHASE PRICE AND FINANCING
Sale prices of individual houses shall be established by independent appraisals contracted by the
ICHA. Financing and Lender selection shall be at the discretion of the purchaser. Financing shall
not cause the purchaser to exceed the 35% ratio of housing costs to income standards previously
described. The ICHA will provide a "silent" second mortgage to make up the difference between
what is affordable under the 35% affordability standard with first mortgage and the sale price.
LENDER PARTICIPATION
Selection of the first mortgage lender will be at the discretion of the purchaser. As selection for
the unit depends on affordability to families, and perhaps, a low second mortgage to the ICHA,
the terms of the first mortgage will be important. Lenders will be asked to submit competing
proposals for the first mortgage terms. These proposals will be provided to interested applicants.
Lenders will be asked to provide letters of commitment to the applicant as to the loan amount and
terms they will provide the applicant. Pending downpayment requirements, it is anticipated that
the equity provided in the "silent" second mortgage. will be sufficient to preclude the need for a
downpayment.
CLOSING COSTS
Closing costs will be borne by the purchaser.
TAXES AND INSURANCE
Taxes and homeowner insurance costs will be borne by the purchaser. The lenders are required
to establish escrow accounts for payments of taxes and insurance premiums.
SALE BY FIRST OWNER ..
The ICHA shall review and approve the resale of all properties to ensure that the pr~)perty
remains affordable to subsequent low to very low income purchasers.
USE OF SALE PROCEEDS
Sale proceeds, after administrative costs necessary for implementation of TOP, will be used for
housing assistance to low to very low income families. Examples include new construction, public
housing maintenance, resident services, augmentation of operating reserves, etc.
ADMINISTRATION
The principal staff person responsible for this program is Bob Hagarty, Housing Administrator, and
can be reached at 356-5401, ext. 12.
CITY OF IOWA CITY
City of Iowa City
MEMORANDUM
Date: June 25, 1996
To: City Council
From: City Manager
Re: St. Pat's Parking Ramp
On Monday afternoon we met with representatives of the St, Patdcl~'s Church to discuss the
proposed parking ramp project. Generally speaking the meeting went well and we reviewed the
rendering/elevations of the proposed parking romp. The drawings showed a romp on half of the
site as well as a project that would cover the full site, requiring removal of the Parish Hall. The
Church Committee appears to prefer we pumue the purchase of the full site and incorporate
Parish Hall facilities in the ramp project, We have agreed both parties will draft a list of the
pertinent issues and exchange lists. A formal offer can be prepared following a discussion of
what we believe to be all pertinent issues.
The Church Committee appears to feel they have sufficient authority to proceed with the project
planning. We will have to wait and see.
cc: Jeff Davidson
Joe Fowler
Marian Karr
City of Iowa City
MEMORANDUM
Date: June 25, 1996
To: City Council
From: Assistant City Manager
Re: Cable TV Franchise Information
A few weeks ago Council requested that an effort be made to better inform local citizens
regarding cable TV rates and other issues having to do with the recently renewed franchise.
Attached please find a copy of an information sheet which will be included with all City utility bills
mailed in July and, further, a copy of a guest opinion submitted by the Chairperson of Broadband
Telecommunications Commission which appeared in the June 22, 1996, edition of the Iowa City
Press-Citizen. Hopefully these will serve to better inform the community, particularly with regard
to the recent substantial rate increases.
cc: Drew Shaffer
IOWA CITY CABLE TV FRANCHISE INFORMATION
THE PROCESS
Federal law largely dictates how rel~nchisthg masl be conducled
C~tics must negotiate with existre§ cable TV franchisees and cannot sohcit other
proposals from potcabal competitors until aRcr this process is completed By
that t~mc other companies are ganc~ly not intercared becaasc duplicating an
existing system that has a high subscribership rate (locally 73%) is a very
cxpcnswe and seldom successful venture Current laws titus provide a great
d~sincanlive to local compatit~on. either from within the cable industO m from
the ereanon from municipal¥ownod systems
The CmTeat franchise became effective on February I. 1996 There
are many things provided in Iowa City's franchise that few other cities will be
able to obtain due to changes in federal regulations and in cable industry
prmrities and practices precipitated by the 1996 Telecommunications Act. Iowa
Ci~ took a complete and exhaustive approach ~o refranchising We endored four
)eats of renewal process and negotiations. utilizing the services of a highly
regarded consulteaL during which wc conducted I) a technical audit of the local
s.', stem. 2) a community needs assessment m determine what the community feels
is most desLrable in cable TV ~rvices. 3) a consumer market survey to determine
how consumers regard the cable company's services and produeL and 4)
workshods with community representatives to educate each '-*ith
potential of cubic TV and to gather feedback from them We sohoned proposals
from prograanmers of all local access channels to determine their needs. We
conducted several public hcanngs as ,well to gather iuput from the general public
on all aspec~ of cobl¢ TV service The results wnrc incorporated into a Request
For Proposal (RFP) ',~,hich ,.vus then submitted to the cable company for response
Finally. we spent a great deal of ame and effort negotiating w~th the company
to finalize the new franchise agreement Following ate a few of the highlights
of that agreement Copies arc available at the office of the City Clark m the
C=vic Center
SYSTEM REBUILD
Tnc cable company has agreed to build a 550 racgahcrtz system (78
...harmels) ,.,.Mch v.'oald accommodate expansion to a?50 megahertz (at least 100
channels) system m the future. with a fiber optic hybrid system serving no more
than 600 homes per fiber node. This is cons~atant wfiJh what the industiT is
typteally braiding today Eve~. area of the City is to be served. The cable
cornpan:, wdl have a rcprescmativc to respood to complaints and inquiries on a
daily bas~s during the rcbudd which must be completed no later than Fcbnsa.m.
I. 1998 The cabtc company will inspect 100% of all fiber and coaxial cable.
and 95% of the subscriber drops to ensure they mccl appropriate standards All
burred cable must be at ICasl 12 inches deep The City wdl monitor the rcbudd
and the cubic company will prowde achedales and maps for this purpose The
chinsgeezer from the o!d system to the new has been designed to mm~mizc the
amount of setvine latcrmption Eqmpment to be used ra the system rabudd rs
specified to ensure quality There ate plans for upgra&ng the emergency alcrt
· ~. stem. for a preventive mamachance program to ensure system upkeep. and for
the resolunon of interference problems on Channels 12 and 19 There wdl be
adequate standby power to help mm~mtze oulagus Parcotel control devices
be avadable to gabscribers upon request
NEW SERVICES
Although federal law prohibits the C[~. from d.ctanng specific new
cha~.neh. a mtmmum of four new channels '*dl be prov~dcd upon camplet:on of
PERFORMANCE REVIEW & INFORMATION
Every thmc yeas the City will conduct a rewew of the cable
company's performance to include public hearings for gathering inpuL Ever/
aspect uf the cable TV system will be analyzed. problems will be identific{L and
future needs and direction will be determined. As the necds of the comm:.mity
and existing technologies change. the mennial review process wdl serve to keep
up with those changes as well as to address curcent pmblenls
At the time of solicitation or iustallatton. the cable company must
furnish each subictiber a simple and thorough written explanaqon of all services.
charges. fees, terms and conditions. reformatton regarding billing and service
cells. complaints. avaltabi[i~ of parental control devices. and information about
the subscriber's tight to privacy. Each subscriber is also to recaivo a customer
handbook. detailing the cable company's consumer pobcies and operating pales.
The campany will maintain a business office in Iowa Cl~ to receive paymania.
to provide subscriber equipmcoL and to make timely service and repair
appointments They must offer appointtamara for rcpab calls v, ithin two hoar
windows, and must telephonelaadvanceofartival The company ismquired tu
meet all FCC busy signal (ability to get through on the phone) and repair
standards. Subscribeis can downgrade ot disconnect setvise at no charge. For
outages of I $ hours or mote. each subscriber who notifies ',he cable company and
requests a credit will be credited for that outage The cable company is to install
a Telecommunications Day.co for the Deaf {TDD)
LOCAL ACCESS & COMMUNITY PROGRAMMING
One of the unique aspects of cable TV is ,B abibty to accommodate
local programming This is cspccial[y important since iowa City has no
broadcast staltons of its own. and given that local commum~ progransmmg was
one of thc services for which the community expreascd the most interest m the
needs assessment survey In response. the agreement guarantees channels
reserved for schools. the public llbraaT. local goveremenL public access. and the
University of lowa~ Fuoding for public access will conbnoc The recent addition
of the 50¢ "local access" charge listed on subscnbcrs' bills will support increased
local communi~ pmgcammrag. such a.s the taping and cablccanfing of local
parades. concerts and other public actwiring and cvent~ Tha cable company will
help ensure that all !ocal programming channel signals are of the satrio high
quality as the minaruder of the cable channels The company will also help to
publicize and promote the local programming on these ehzqncts.
RATES
process Federal la%vs passed m 1984. 1992 and 1996 have whittled away local
set'~tce rates By t999 '*'e will have none Basic rates m Iowa City ~arc Sl0
per month prmr to 1993. and wc~c recently $9 99 per month They have gone
up rogll 05 The City thoroughly analyzed allofthecompany's fihngs with the
FCC and ,'bund that the increased rates are ~nhin the hm~L$ of the FCC formulas
Expanded basra setvine v, as $11 46 przor (o September of I093 and was recen[l.~
$1 2 12 [t has gone up to $14 78 The City no Iongut has any regulatory. conoat
labeled as "FCC credit" This ~s the result of a challenge filed by the City m
October of 1993 regarding local basin service rates.
l'hc C;ty ha:,. and wig conanuc to do ~hate~et it can to help'protect
subscribers and to ¢xermse ~ts antherd) as allowed by Federal law If you have
U $ congressional rcpresentunve [t ~ the US Congress which pa~sed
legislation deregulating local cable rates Holdover. if.~uu have a problem you
Ctty Cable TV staff at 3.';b-5046. etlon the C~ty can MIp Iowa City's Cable
Monday of each month at 530 p m m the Civic Center Lobby Conference
Room These ate open to the pubhc and anyone may aaand and address ~<
mort
,)n
11A
E~;t~ial Boare:! members:
Charles T. WantOn{let President and Publisher
Michael Beck
$~eph~n P. Weeks
~)argea W. nnrow~
Cheil L Taylor
Mar~' &nne [Niadden
Le~ers to ~he editor are welcome. They should be no more
than 250 words and must include name. address and telephone
number where you cao be reached between 8 a.m. and 4 p.m.
Letters that cannot be verified will not be published. All letters
Managing Editor are subject to editing.
Editorial Page Editor Mall letters to the Press-Citizen, Letters to the Editor, P~D.
Box 2480, iowa City, Iowa 52244. Fax letlers to 339-7342.
Director of Marketing Services Send e-mall to the Press-Citizen at: Icpc@lnav. ne!.
Inside Sales Executive
The hidden truth behind high cable rates
n to The current
,ll cable TV franchiseCo,xlell
became effective
a on Feb. I. Iowa
City took a cont-Jeppsen
rice plete and exhaus-
ave approach to refranchising.
al We endured tour years or' renewal
ays process and negotiations, utilizing the
services of a htghly regarded consult-
and ant, during which we conducted:
! A techmcal audit of the local
', system;
r to I h community needs assessment
trk to determine what the community felt
the is most desirable in cable TV ~ervices;
[] A consumer market survey to
determine how consumers regarded the
cable company's services and pr(xluct;
and
[] Workshop~ with community
representatives to educate each with
respect to the potential of cable TV
at and to gather feedback from them.
hat We conducted several public hear-
:a rags as well to gather input from the
general public on all aspects of cable
age TV service. Iowa City residents will
s recetvc more detailed in/~.)rntution
on about the new fr.n,'hi.,c with their city
utility bill:~ in July. Copies of the
Guest opinion
franchise agreement and cable TV
ordinance are available at the office of
the city clerk at the Civic Center.
People often ask why there is no
local competition regarding cable TV.
It is not well known but t~deral law
largely dictates how refranchising must
b~ conducted. Cities must negotiate
with existing cable TV franchises and
cannot solicit other proposals from
potential competitors until after this
process is completed,
Other rompames are generally not
interested because building a separate
system to compete with an existing
system that has u high subscrtb~rship
rate (locally '73 percent) is a very
expensive aed rarely successful ven-
ture
There is thus created u great dis-
tncentive to local competition, either
from within the cable industry or from
the creation of municipally owned
systems. }.lowever, the Iowa Clty's
Broadband Telecommunications
Commission ts still interested in ex-
ploring competitive alternatives.
The current cable TV rate increases
have nothing to do with the re-
fraechising process. Federal laws
passed in 1984. 1992 and 1996 have
whittled away local rate regulation
authority. Today. cities have only
nominal control over basic service
rates. By 1999, we wilt have none,
The basic rate in Iowa City was $10
per month prior to September of 1993.
It was recently $9.99 per month.
increasing now to $11.05. The ~:ity
thoroughly analyzed all of the com-
pany's filings with the FCC and found
that the increased rates are within the
limits of the FCC forumlas. Expanded
basic service was $11.46 prior to Sept,
1993 and was recently $12.12, in-
creasing now to $[4.78. The city no
longer has any regulatory control over
expanded basic rates.
There is a bit of good news regard-
ing rates. On the same bill on which
the rate increase will appear. sub-
scribers will see a one-time deduction
of $1.93 labeled as "FCC credit,"
This is the result of a challenge filed
by the city with the FCC against TCI
in Oclober 1993 regarding local basic
service rates. The city has done and
will continue to do whatever it can to
help protect subscribers' interests and
to exercise its limited authority as
allowed by federal law.
!f you have concerns or complaints
about cable TV rates, direct those
concerns toward your U,S. congress-
ional representative, It is the U,S,
Congress that passed legislation dere-
gulating rates and other aspects of the
cable industry.
However, if you have a problem
you have tried unsuccessfully to re-
solve with the cable company, you
may contact the City Cable TV staff at
356-5046. Often the city can help.
Iowa City's BTC meets monthly to
discuss matters pertaining to cable TV.
Regular meetings are on the fourth
Monday of each month at 5.:30 p.m. in
the Civic Center Lobby Conference
Room. These are open to the public
and anyone may attend and address the
commission.
Cordell Jeppsen is a resident of
Iowa City. He is the chief engineer at
the University Video Center and the
chairman of the Broadband Tele-
communications Commission.
City of Iowa City
MEMORANDUM
Date: June 26, 1996
To: City Council
From: Naomi Novick '~ii'~"'"'
Re: Outdoor Symphony Concert for Iowa City
Because Larry Baker proposed a Gershwin Concert, and the rest of us seemed to think it was
a good idea, I have been gathering some information. Here is a summary of what I have so far.
This may be enough to let us decide whether to proceed with further discussion.
From Mary New, who is organizing the UI outdoor concert on September29:
The cost of sound equipment, lighting, dsers, is quite expensive. Also, the musicians are being
paid. She suggested the Community Band.
From David Nelson, Director of the UI School of Music:
He conducts the UI Summer Omhestra, which is smaller than dudng the academic year. During
the year students are registered for a class, taught by James Dixon, and receive UI credits. They
perform six concerts plus an opera. These concerts are scheduled around the Cedar Rapids and
Quad Cities Orchestras, because they use a large number of these students also. The UI
Summer Orchestra is composed of students who are here for other music classes, not for an
orchestra class. They are paid to do one concert and one opera, and they receive no credits.
This 40-piece orchestra charged the Iowa Arts Festival $4,000 for one concert. The $100 paid to
each pedormer included the two rehearsals also. The production details were handled by the
Festival. The music was classical in the first half and show tunes in the second half. The
Festival had selected the guitar quartet to perform with the orchestra (another $4,000).
Nelson would be willing to do a "Ci¥sponsored" pops concert with this orchestra. However, he
wants to select the soloists and the literature. He likes the idea of including it in the Festival
because they handle all the production.
From Larry Eckholt, Iowa Arts Festival.'
He said the Festival wants to have one classical music concert each year. They have had many
requests, and this is the first year that they have had one. He said they could probably schedule
a second concert because they rent the stage, sound equipment, lights, etc. for each weekend
of the Festival. He also mentioned the Community Band.
Personally, I'm leaning toward allowing the orchestra to select what they want to perform. The
Community Band may be willing to do an alI-Gershwin Concert, but I haven't spoken with them.
Some of their members were in the Arts Festival performance as well. I am also leaning toward
including a "City-sponsored" concert, if we want one, as part of the Arts Festival. Since we
provide part of the budget, we can probably request that we be listed as sponsoring the orchestra
concert.
City of Iowa City
MEMORANDUM
Date: June 27, 1996
To: City Council
From: Naomi J. Novick, Mayor
Re: Future Fundraising
Steve and I have been talking about the many City-sponsored as well as the non-profit/citizen
initiated projects that are making their way through the various political, community service, and
other related institutions. We are specificallv concerned about the fundraising aspects of these
projects. Those that are of immediate concern include the private fundraising proposals for the
Mercer gymnasium expansion, the Old Capital Skaters ice rink, the library addition, Science
Center, and children's museum. The Mercer gymnasium and library addition ara clearly City
issues, and the others will likely call upon us for some form of financial participation, The Science
Center has already requested a site at our airport. The Mercer gymnasium can be a possible
problem for us in that our Parks and Recreation Commission appears anxious to proceed with
the project using City finances as well as private fundraising.
Steve has spoken with Terry and has been made aware that the professional fundraiser proposed
for the Memer gymnasium is the same company that assisted the City of North Liberty in funding
their community center, The Old Capital Skaters, a private organization, is also thinking about a
similar contract with the same fundraiser. This fundraiser would not work for both groups at the
same time (unless they were doing a joint project). I am not sure of the fundraising plans of the
science center and children's museum, but the library project has a fundraising component
through their own foundation.
This memo is in the form of a "head's up" in that we are going to be called upon as a City
government, I believe sooner rather than later, to contribute monies to these various projects.
Each of us will likely be approached for a private contribution as well. The impact of all of these
projects on the fundraising capabilities of our community donors I believe is evident. The same
people who contribute to various good causes regularly will now be asked to help fund five
additional worthy projects concurrently. If the new Iowa City Community Theater building and the
Centerspace project (64-1A) start looking for funding soon, they will be appealing to the same
community donors also. We will need to give some time to this as a future issue, or at the very
least we may wish to establish some form of priority on these projects.
U,$. Department of Housing and Urban Development
Nebraska State Office
Executive Tower Contra
10909 Mill Valley Road
Omaha, Nebraska 68154-39§5
Honorable Naomi J. Novick
Mayor of Iowa City
Civic Center
410 E. Washington
Iowa City, IA 52240
Dear Mayor Novick:
I am pleased to inform you that a review of your Fiscal Year (FY) 1996
Consolidated Plan Annual Action Plan has been completed. The grant assistance
that is being awarded will include Community Development Block Grant (CDBG} funds
in the amount of $987,000 and HOME Investment Partnerships (HOME) funds in the
amount of $562,000
Enclosed are the Grant Agreements and Funding Approvals (three copies for
each program), which constitutes the contract between Housing and Urban
Development (HUD) and the City of Iowa City for these funding amounts. You
should note particularly any special conditions included in item 8 or 11 of the
Funding Approvals.
In order to establish a line of credit for these grant funds, you should
execute and return two copies of the Grant Agreement for each program. Retain
one copy of the Grant Agreement for each program for your files. In addition,
if there is a need to delete or add individuals authorized to access the Voice
Response System (VRS), a VRS Security Access Authorization Form (HUD-27054) must
be prepared, notarized, and returned to this office with the Grant Agreement.
If there is a need to establish or change the depository account to which these
grant funds are to be wired, a Direct Deposit Sign-Up Form (SF-1199A) must be
completed by you and your financial institution and mailed to this office.
You are encouraged to continue to vigorously promote full partnerships
between the city of Iowa City and its non-profit service providers, neighborhood
organizations, the economic community and private citizens as you implement your
Consolidated Plan. In the process of transforming plan elements into projects,
the quality of success will depend in large part on the closeness of cooperation
among all the Consolidated Plan partners. We offer our continued support and
technical assistance during the coming year to help forward the objectives of the
Consolidated Plan.
Sincerely,
Community Planning and
Development Division
Enclosures
cc: Ms. Karin Franklin
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 26, 1996
City Council
Marian K. Karr, City Clerk
Evaluations
Please bring your calendars to the work session on Monday, July 1. The Mayor would like to
schedule staff evaluations. For those of you that I have not heard from regarding the original
dates of July 9, July 18 or July 20, please give me a call. Other dates that we may wish to
consider are July 10, July 11 or July 17. August dates appear to be out of the question as there
is no time that all seven members will be available until September.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
June 28, 1996
Mayor and City Council
Marian K. Karr, City Clerk
Linda Woito, City Attorney
H.F. 2190 - Summary of Ordinances
House File 2190, which was passed April 15, 1996, amends the Iowa Code to provide that a
summary of an ordinance or amendment may be published rather than the complete text of the
ordinance or amendment. A "summary" is defined to mean a narrative description of the main
points of the ordinance conveyed in a clear and understandable manner to the public.
Although there could be a savings in publication costs it is felt that additional staff time needed
to draft and review summaries would not warrant changing at this time, Therefore, our
recommendation is to continue the present policy of publishing ordinances in their entirety but will
continue to monitor the matter.
cc: City Manager
City of Iowa City
MEMORANDUM
Date: June 28, 1996
To: The Honorable Mayor Naomi J. Novick and Members of the City Council
From: Linda Newman Woito, City Attorney ~
Re: Partial Litigation Update
New Lawsuit; Sandra J. Currier, et. al v. City of Iowa City, Iowa; Law No.
LACV057303 (State Court)
Attached please find a new lawsuit filed in the Johnson County Distdct Court. As you can see
from the petition, plaintiffs claim that Mrs. Currier fell from a city park swing and request money
damages. I have assigned this case primarily to Assistant City Attorney Dennis Mitchell, with me
as second chair.
2. Various Lawsuits Settled
Because of the recent settlement of the litigation with James Glasgow surrounding the water plant
site, the amount escrowed in the settlement with Washington Park is ready for release (see copy
of letter to First National Bank sent to you earlier). The release of this escrow concludes
acquisition of the new Iowa City Water Supply and Treatment Facility, in its entirety.
3. Miscellaneous
Citv of Iowa Citv, Iowa, v. Diane Dreusicke-Rilev and Winebrenner Ford, Inc.; Docket No. 57235
(Condemnation Appeals).
The attorney for Mrs. Riley and Winebrenner Ford, Inc. requested release of the damages
awarded by the Compensation Commission. I did not resist, since release to the condemned
parties will stop the interest running on the compensation amounts, see attached.
It is time for another "litigation update" and "annual litigation summary" -- which are now nearly
complete. In the meantime, call if you have questions.
Attachments
CC:
City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff
Litigation Update Notebook
~n~696u~:l.mmo
IN THE IOWA DISTRICT COL~{T IN AND FOR JOHNSON COUNTY
SANDRA J. CURRIER, EVERETT
CURRIER, TABITHA RASMUSSEN,
and KA_RISSA RASMUSSEN,
Individually, and SANDRA J.
CURRIER, as Next Friend of
CHRISTIANA RASMUSSEN,
SHOSH~/TNA RASMUSSEN, ARIANA
RASMUSSEN, SETH LEATON, AYLAS
LEATON, RAINA LEATON, and
ELIJA CURRIER, Minor Children,
Plaintiffs,
CITY OF IOWA CITY, IOWA,
Defendant.
LAW NO.
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY NOTIFIED that there is -now on file in {the
office of the Clerk of the above Court, a Petition in the above-
entitled action, a copy of which Petition is attached hereto. The
Plaintiff's attorneys are Randall B. Willman and Steven E.
Ballard, of Leff, Haupert, Traw & Willman, L.L.P., whose address
is 222 South Linn Street, P. 0. Box 2447, Iowa City, Iowa, 52244-
2447, (319) 338-7551.
YOU ARE FURTHER NOTIFIED that unless, within twenty (20)
days after service of this Original Notice upon you, you serve,
and within a reasonable time thereafter file a motion or answer,
in the Iowa District Court for Johnson County, at the County
Courthouse in Iowa City, Iowa, judgment by default will be
rendered against you for the relief demanded in the Petition.
If you require the assistance
of auxiliary aids or services
to participate in court because
of a disability, immediately call
your district ADA coordinator at
319-398o3920 Ext. 200. (If you
are hearing Impaired, call Relay
Iowa TTY at 1-800-735o2942).
EDWARD F. $TEI RECH
CLERK OF THE ABOVE COURT
Deputy Clerk
Johnson County Courthouse
Iowa City, Iowa 52240.
NOTE: The attorney who is expected to appear for the Defendant
should be promptly advised by Defendant o~ the service of ~hia
Notice.
/sh
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
SANDRA J. CURRIER, EVERETT
CURRIER, TABITHA RASMUSSEN,
and KARISSA. RASMUSSEN,
Individually, and SANDRA J.
CURRIER, as next friend of
CHRISTIANA RASMUSSEN,
SHOSHANNA RASMUSSEN, ARIANA
RASMUSSEN, SETH LEATON, AYLA
LEATON, RAINA LEATON, and
ELIJA~ CURRIER, minor children
Plaintiffs,
CITY OF IOWA CITY, IOWA,
Defendant.
d 930 D
PETITION AT LAW
COME NOW Plaintiffs, Sandra J. Currier, Everett Currier, ~
Tabitha Rasmussen, and Karissa Rasmussen, Individually, and Sandra
J Currier, as Next Friend of Christiana Rasmussen, Shoshanna
Rasmussen, Ariana Rasmussen, Seth Leaton, Ayla Leaton, Raina
Leaton, and Elijah Currier, Minor Children, by and through
counsel, Leff, Haupert, Traw & willman, 222 South Linn Street,
Iowa City, Iowa, and for their causes of action against Defendant,
City of Iowa City, Iowa, state as follows:
FACTUAL ALLEGATIONS C01~MON TO ALL DIVISIONS A/~D COUNTS
1. Plaintiffs Sandra J. Currier and Everett Currier are and.
at all times relevant hereto were residents of Johnson County,
iowa.
2. Plaintiff Sandra J. Currier is the natural mother of
Christiana Rasmussen, Shoshanna Rasmussen, Ariana Rasmussen, Seth
Leaton, Ayl~ Leaton, Raina Leaton, and Elijah Currier, minors, and
Tabitha Rasmussen, and Karissa Rasmussen.
3. Plaintiff Sandra J. Currier is and at
hereto was married to Plaintiff Everett Currier.
4. Plaintiffs Tabitha Rasmussen and
and at all times relevant
Iowa.
all times relevant
Karissa Rasmussen are
hereto were residents of Johnson County,
organized under
Johnson County, Iowa.
6. At all times material hereto, Defendant maintained
within its boundaries a certain park owned by and/or dedicated to
the municipal corporation and generally known as Crandic Park.
7. Within Crandic Park, Defendant maintained numerous
appliances and equipment for the enjoyment and amusement of
persons invited to use the park. Among the appliances and
equipment were several swings.
8. On or about June 24, 1994, Plaintiffs
Karissa Rasmussen, and Christiana Rasmussen
and while there used the swings in the park
intended manner.
Defendant, City of Iowa City, is a municipal corporation
the laws of the State of 'Iowa and is situated in
Sandra J. Currier,
visited Crandic Park
in their normal and
2
o
the swing she was using broke free suddenly and unexpectedly
the chain attaching to the swingset frame, causing Plaintiff
Sandra J. Currier to fall through the air and ultimately to the
ground, where she landed on her head and neck before coming to
rest on her back, all resulting in significant physical injury.
As Plaintiff Sandra J. Currier was swinging, the seat of
from
DIVISION I.
For her cause of action against Defendant, City of Iowa City,
Plaintiff Sandra J. Currier, individually, states as follows:
10. Plaintiff
and every allegation
Count I Negligence.
Sandra J. Currier reDleads and realleges each
set forth in paragraph one through paragraph
nine of the "Common Allegations" with the same force and effect as
if set forth verbatim here.
11. Plaintiff Sandra J. Curtlet's fall and injuries resulted
from the negligence of Defendant in one or more of the following
particulars:
in failing to maintain the above-mentioned swing a
reasonably safe condition and in good repair in
violation of common law and statutory duties;
in failing to exercise reasonable care to learn of
and remedy any defect in the swing;
3
an unreasonable risk
Defendant knew or in
in permitting the swing to remain available for use
in its unsafe condition; and/or
in failing to warn Plaintiff Sandra J. Currier of
of injury to her given that
the exercise of reasonable
care should have know~ that the risk existed and
that Plaintiff Sandra J. Currier would not realize
or appreciate the risk.
12. As a proximate result of Defendant's negligence, as set
forth above, Plaintiff Sandra J. Currier sustained injuries,
including severe and permanent injury to her person, resulting in
the following damages: past and future medical expenses; past
and future physical and mental pain and suffering; past and
future loss of full mind and body; lost earnings; loss of future
earning capacity; and loss of enjoyment of life.
13. Plaintiff Sandra J. Currier's damages exceed the
jurisdictional minimum of this court.
WHEREFORE, Plaintiff Sandra J. Currier, Individually, prays
that the court enter judgment in her favor and against Defendant,
City of Iowa City, for an amount reasonably calculated to
compensate her for the personally injuries sustained, interest on
all damages as provided by law, the costs of this action, interest
on the judgement as provided by law, and for such other and
further relief as the court deems just and equitable in the
premises.
Count II - Negligence Res Ipsa Loquitur
Plaintiff Sandra J. Currier repleads and realleges each
14.
and every allegation set forth in paragraph 10 through paragraph
13 of Division I, Count I of the petition with the same force and
effect as if set forth verbatim here.
15. Defendant, City of Iowa City, had exclusive control and
management of the above-mentioned swing, which caused Plaintiff
Sandra J. Currier's injuries when it br~ke away without notice.
16. The injuries and damages suffered by Plaintiff Sandra J.
Currier are the types of injuries that in the regular course of
events would not have been sustained if Defendant, City of Iowa
City, had exercised reasonable care.
WHEREFORE, Plaintiff Sandra J. Currier, Individually, prays
that the court enter judgment in her favor and against Defendant,
City of Iowa City, for an amount reasonably calculated to
for the personal injuries sustained, interest on
provided by law, the costs of ~his action, interest
compensate her
all damages as
on the judgement as provided by law, and for such other and
further relief as the court deems just and equitable in the
premises.
5
DIVISION
For his cause of action against Defendant,
Plaintiff E+erett Currier states as follows:
City of Iowa City,
Count I Negligence
17. Plaintiff Everett Currier reDleads and realleges each
and every allegation set forth in paragraph one through paragraph
nine of the "Common Allegations" of the petition with the same
force and effect as if set forth verbatim here.
18. Plaintiff Sandra J. Currier's fall and injuries resulted
from the negligence of Defendant in one or more of the followin~
particulars:
a.
in failing to maintain the above-mentioned swing in
a reasonably safe condition and in good repair in
violation of common law and statutory duties;
in failing to exercise reasonable care to learn of
and remedy any defect in the swing;
in permitting the swing to remain available
in its unsafe condition; and/or
for use
in failing to warn Plaintiff Sandra J.
an unreasonable risk of injury to her
Defendant knew or in the exercise of reasonable
care should have known that the risk existed and
Currier of
given that
6
damages:
past and
company,
that Plaintiff Sandra J. Currier would not realize
or appreciate the risk.
19. A~ a proximate result of Defendant's negligence, as set
forth above, Plaintiff Everett Currier sustained the following
past and future loss of Sandra J. Currier's services;
future loss of Sandra J. Currier's consortium, including
cooperation, affection, her aid in every aspect of the
marital relationship, general usefulness, industry, and attention
within the home and family, services, society, and companionship.
20. The damages of Plaintiff Everett Currier damages exceed
the jurisdictional minimum of this court.
WHEREFORE, Plaintiff Everett Currier,
Individually, prays
that the court enter judgment in his favor and against Defendant,
City of Iowa City, for an amount reasonably calculated to
compensate him for his damages sustained, interest on all damages
as provided by law, the costs of this action, interest on the
judgement as provided by law, and for such other and further
relief as the court deems just and equitable in the premises.
Count II Negligence - Res IDsa Loquitur
21. Plaintiff Everett Currier repleads and realleges each
and every allegation set forth in paragraph 17 through paragraph
20 of Division II, Count II of the petition with the same force
and effect as if set forth verbatim here.
7
22. Defendant, City of Iowa City, had exclusive control and
management of the above-mentioned swing, which caused Plaintiff
Sandra J. C~rrier's injuries when it broke away without notice.
23. The injuries and damages suffered by Plaintiff Sandra J.
Currier are the types of injuries that in the regular course of
events would not have been sustained if Defendant, City of Iowa
City, had exercised reasonable care.
WHEREFORE, Plaintiff Everett Currier, Individually, prays
that the court enter judgment in his favor and against Defendant,
City of Iowa City, for an amount reasonably calculated to
compensate him for his damages sustainedl interest on all damages
as provided by law, the costs of this action, interest on the /
judgement as provided by law, and for such other and further
relief as the court deems just and equitable in the premises.
DIVISIO~ III
For her cause of action against Defendant, City of Iowa City,
Plaintiff Sandra J. Currier, as Next Friend of Christiana
Rasmussen, Shoshanna Rasmussen, Ariana Rasmussen, Seth Leaton,
Ayla Leaton, Raina Leaton, and Elijah Currier, minor children
(hereinafter "the minor children"), states as follows:
Count I - Negligence.
24. Plaintiff Sandra J. Currier, as next friend of the minor
children, r~pleads and realleges each and every allegation set
forth in paragraph one through paragraph nine of the "Common
Allegations" with the same force and effect as if set forth
verbatim here.
25. Plaintiff Sandra J. Currier's fall and injuries resulted
from the negligence of Defendant in one or more of the following
particulars:
a.
26.
forth above,
in failing to maintain the above-mentioned swing in
a reasonably safe condition and in good repair in
violation of common law and statutory duties;
in failing to exercise reasonable care to learn.of
and remedy any defect in the swing;
in permitting the swing to remain available for use
in its unsafe condition; and/or
in failing to warn Plaintiff Sandra J. Currier of
an unreasonable risk of inju~!/ to her given that
Defendant knew or in the exercise of reasonable
care should have known that the risk existed and
that Plaintiff Sandra J. Currier would not realize
or appreciate the risk.
As a proximate result of Defendant's negligence,
the minor children sustained
as set
the following damages:
9
past and future loss of Sandra J. Currier's services; past and
future loss of Sandra J. Currier's consortium, including company,
companionship, comfort, Guidance, affection, her aid in
aspect of the parental relationship, general usefulness,
and attention within the family.
27. The damages of the minor children exceed the
jurisdictional minimum of this court.
Plaintiff Sandra J. Currier, as next
WHEREFORE,
minor children, prays
and against Defendant,
calculated to
children, for
every
industry,
friend of the
that the court enter judgment in her favor
City of Iowa City, for an amount reasonably
compensate her, as Next Friend of the minor
the damages sustained, interest on all damages a~
provided by law, the costs of this action, interest on the
judgement as provided by law, and for such other and further
relief as the court deems just and equitable in the premises.
28.
children,
forth in paragraph 24 through paragraph 27 of Division III,
I of the petition with the same force and effect as if set
verbatim here.
Count II- Negligence Res Ipsa Loquitur
Plaintiff Sandra J. Currier, as Next Friend of the minor
repleads and realleges each and every allegation set
Count
forth
10
29.
management of the above-mentioned swing, which caused Plaintiff
Sandra J. C~rrier's injuries when it broke away without notice.
30. The injuries and damages suffered by Plaintiff Sandra J.
Currier are the types of injuries that in the regular course of
events would not have been sustained if Defendant, City of Iowa
City, had exercised reasonable care.
WHEREFORE, Plaintiff Sandra J. Currier,
minor children, prays
and against Defendant,
calculated to compensate her as next friend of the minor children,
for the damages sustained, interest on all damages as provided by
law, the costs of this action, interest on the judgement as
provided by law, and for such other and further relief as the
court deems just and equitable in the premises.
Defendant, City of Iowa City, had exclusive control and
as next friend of the
that the court enter judgment in her favor
City of Iowa City, for an amount reasonably
DIVISION IV.
For their causes of action against Defendant, City of Iowa
City, Plaintiffs Tabitha Rasmussen and Karissa Rasmussen state as
follows:
Count I Negligence.
31. Plaintiffs Tabitha Rasmussen and Karissa Rasmussen,
replead and reallege each and every allegation set forth in
11
paragraph one through paragraph nine of the "Common Allegations"
with the same force and effect as if set forth verbatim here.
32. Piaintiff Sandra J. Currier's fall and injuries resulted
in one or more of the following
in failing to maintain. the above-mentioned swing in
a reasonably safe condition and in good repair in
violation of common law and statutory duties;
b. in failing to exercise reasonable care to learn of
and remedy any defect in the swing:
c. in permitting the swing to remain available for~use
in its unsafe condition; and/or
d. in failing to warn Plaintiff Sandra J. Currier of
an unreasonable risk of injury to her given that
Defendant knew or in the exercise of reasonable
care should have known that the risk existed and
that Plaintiff Sandra J. Currier would not realize
or appreciate the risk.
a proximate result of Defendant's negligence, as set
Rasmussen and Karissa Rasmussen
past and future loss of Sandra
future loss of Sandra J.
including company, companionship, comfort,
affection, her aid in every aspect of the parental
from the negligence of Defendant
particulars:
a.
33. As
forth above, Plaintiffs Tabitha
sustained the following damages:
J. Currier's services; past and
Currier's consortium,
guidance,
12
relationship, general usefulness, industry, and attention within
the family.
34. T~e damages of Plaintiffs Tabitha Rasmussen and Karissa
Rasmussen exceed the jurisdictional minimum of this court.
WHEREFORE, Plaintiffs Tabitha Rasmussen and Karissa Rasmussen
pray that the court enter judgment in their favor and against
Defendant, City of Iowa City, for an amount reasonably calculated
to compensate them for their damages sustained, interest on all
damages as provided by law, the costs of this action, interest on
the judgement as provided by law, and for such other and further
relief as the court deems just and equitable in the premises.
Count II.- Negligence Res IpSa Loquitur
35. Plaintiffs Tabitha Rasmussen and Karissa Rasmussen
replead and reallege each and every allegation set forth in
paragraph 31 through paragraph 34 of Division IV, Count I of the
petition with the same force and effect as if set forth verbatim
here.
36. Defendant, City of Iowa City, had exclusive control and
management of the above-mentioned swing, which caused Plaintiff
Sandra j. Currier's injuries when it broke away without notice.
37. The injuries and damages suffered by Plaintiff Sandra J.
Currier are the types of injuries ~hat in the regular course of
13
events would
City, had exercised reasonable care.
WHEREFORE,
minor children,
not have been sustained if Defendant, City of Iowa
Plaintiff Sandra J. Currier, as Next Friend of the
prays that the court enter judgment in her favor
and against Defendant, City of Iowa City, for an amount reasonably
calculated to compensate her as Next F~iend of the minor children,
for the damages sustained, interest on all damages as provided by
law, the costs of this action, interest on the judgement as
provided by law, and for such other and further relief as the
court deems just and equitable in the premises.
Randall B. Willman, 000008098 kJ
A
11a
LEFF, HAUPERT & TRAW
222 S. Linn St., P.O. Box 2447
Iowa City, Iowa 52244-2447
Phone: (319) 338-7551
Fax: (319) 338-6902
ATTORNEYS FOR CLAIMANT
/sh
14
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
SANDRA J. CURRIER, EVERETT
CURRIER, TABITHA RASMUSSEN,
and KARISSA RASMUSSEN,
Individually, and SANDRA J.
CURRIER, as Next Friend of
CHRISTIANA RASMUSSEN,
SIlOSHANNA RASMUSSEN, ARIANA
RASMUSSEN, SETH LEATON, AYLAS
LEATON, RAIMA LEATON, and
ELIJA CURRIER, Minor Children,
Plaintiffs,
CITY OF IOWA CITY, IOWA,
Defendant.
JURY DEMAND
COMES NOW plaintiffs,by and through counsel, and in
accordance with Iowa R.Civ. P. 177 (1996), hereby reques~ trial by
jury of all issues herein.
LEFF, HAUPERT & TRAW
222 S. Linn St., P.O. Box 2447
Iowa City, Iowa 52244-2447
Phone: (319) 338-7551
Fax: (319) 338-6902
ATTORNEYS FOR CLAIMANT
IN THE IOWA DISTRICT
CITY OF IOWA CITY, IOWA,
Plaintiff,
VS.
DIANE DREUSICKE-RILEY;
WINEBRENNER FORD, INC.;
IOWA STATE BANK & TRUST
COMPANY; and JOHNSON COUNTY,
IOWA,
Defendants.
NO. 57235
MOTION FOR DISTRIBUTION
OF AWARD OF THE COMPENSATION
COMMISSION
Pursuant to the provisions of Iowa Code §6B.25, each Defendant
makes application to the Court for distribution of that part of the
amount of damages deposited with the Sheriff of Johnson Co,%%nty,
Iowa, as may be just and proper.
The payment of the award to the Defendants will stop interest
from accruing on the amount paid to each Defendant.
By reason of the foregoing, Defendants ask that the
condemnation award be distributed to them.
7iN, SU~PPEL, DOWNER & HAYES P.L.C.
B~
000003619
122 So~h L~$treet /
Iowa City, ~6~a 52240
Telephone: 3~9/338-922~
ATTORNEYS FOR DEFENDANTS,~
DREUSICKE-RILEY AND WINEBRENNER
FORD, INC.
Copy to:
Ms. Linda Newman Woito
City Attorney
City of Iowa City, Iowa
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 26, 1996
Steve Atkins, City Manag_er....~
Karin Franklin, Director, ,17_.~
Elks Golf Course
Through communications with Chuck Mullen, I have learned that the Elks have instructed their
golf course designer to evaluate options for relocation of the two displaced golf course holes that
take into account minimizing disruption of the wetlands and maximizing the distance of the holes
from our wells. They have also retained another expert to advise them on the extent to which
organics can be used for the maintenance of the tees and greens. Chuck expected to have a
response from these individuals by the end of this week. As soon as he receives the design
plans, he will forward a copy to us for our evaluation, I advised him that if the plans were received
at the end of this week, we could not schedule this item for the work session on July 1. We
agreed that the July 15 work session would be more feasible.
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 25, 1996 /
Karin Franklin, Director, Planning & Community Developm~°,t--~
Fringe Area Policy Agreement
Enclosed is the proposed Fringe Area Policy Agreement which is based on the discussions which
have transpired between the City Council and the Johnson County Board of Supervisom since
May of 1995. The majority of the Council and the Board have reached agreement on the
concepts which should be included in the Agreement. The language in the proposed Agreement
reflects those concepts but has not been reviewed or adopted by either the Council or the Board.
This most recent step in amending the Fringe Area Policy Agreement began with a proposal sent
to the Council and the Board by the City and County Planning and Zoning Commissions in March
of 1995. Since then, the Council and Board have undertaken extensive negotiations to arrive at
the proposal before you. This document does not require formal action by the Commission;
however, it is appropriate that the Commission review this due to a number of changes that have
been made to the March 1995 proposal as a consequence of the negotiations. Outlined below
are the major differences between the March 1995 proposal and the negotiated agreement. I
have also outlined the options for a Commission response and possible schedule.
Contrasts between March 1995 and May 1996 Proposals
Develop.ment Standards
The provision relating to development on hard-surfaced roads, developer agreements to
maintain and upgrade existing County roads, and potential impact fees or special
assessment districts has been deleted.
References to specific provisions of the County Health Department standards are deleted
and subsumed under a general reference to Johnson County Public Health Department
Regulations.
Frinqe Area A
Instead of requiring subdivisions to meet the County's cluster subdivision standards and
limiting lots to 1-1.25 acres, cluster development is encouraged through a density bonus -
RS (one dwelling unit/acre) rather than RS-3 (one dwelling unit/three acres) zoning is
permitted. The cluster is achieved by requiring an open space reservation.
Frinqe Area B
The method of requiring a cluster subdivision within the growth area or subdivisions
occurring "prior" to annexation includes the reservation of land for open space or future
development, rather than the County cluster subdivision requirements and the 1-1.25 acre
maximum lot size. (All land within the growth area is currently zoned RS.)
Outside the growth area, the development of land is limited to one unit per ten acres on
a minimum 40 acre tract. The March proposal permitted rezoning to RS, a maximum of
three lots on a minimum 40 acre tract (a farmstead split plus one).
Frinqe Area C
Again, cluster development is achieved through the reservation of land rather than through
maximum lot sizes.
Properties outside the City's growth area may be developed at a density one unit per ten
acres as in Area B. However, in this area, a density bonus which permits one unit per five
acres, on a minimum 40 acre tract, may be granted if a significant amount of the property
(80%) is set aside for open space. In the Maroh proposal, a maximum of three units (a
farmstead split plus one) were permitted on a minimum 40 acre tract and cluster
subdivisions, according to County cluster subdivision requirements, were required.
Protectinq Agricultural Operations
This was a new section that was added to reiterate State law.
Annexation
The negotiated proposal adds a provision (C.3) which explains the mechanism for the City's
consultation with the County regarding the extension of the two-mile extraterritorial jurisdiction of
the City.
Effective Date and Review
Instead of 21 years, the terms of the agreement are in effect for three years and may be
reviewed at any time during those three years. The March proposal required review every
three years.
At the Commission's work session on July 1, we can discuss any pads of the Agreement that you
wish. The purpose of the meeting is to familiarize the Commission with the negotiated agreement
and to decide what input, if'any, you wish to give the City Council. Because this document has
been negotiated for ove¢ a year between the Council and the Board after input from both the City
and County Commissions, I believe the Commission can be most helpful to the Council by
focusing on only those areas where you have serious disagreement. Upon conclusion of the
substance of your discussion, the Commission should decide if you wish to provide your input to
the Council in a joint meeting (probably on July 15 prior to your regular work session), or whether
you prefer the more formal process of a vote and recommendation which would likely occur at
your regular meeting on July 18. With either scenario, the City Council would be able to act on
the Fringe Area Policy Agreement at their August 6 meeting.
Please call if you need additional information before July 1 (356-5232).
CC;
City Manager
City Council
Johnson County Board of Supervisors
Johnson County Planning & Zoning Commission
City Attorney
County Attorney
PROPOSED FRINGE AREA POLICY AGREEIVIENT
BETWEEN JOHNSON COUNTY AND IOWA CITY
WHEREAS, Chapter 354, Code of Iowa (1993) allows the City of Iowa City to establish an
extraterritorial area, known as the fringe area, within two miles of the city boundaries for the
purpose of reviewing and approving subdivisions; and
WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions
within the fringe area adhere to the City's subdivision standards and conditions, unless the
City establishes alternative standards and conditions for review and approval of subdivisions
via a 28E agreement between the City and the County; and
WHEREAS, Chapter 28E of the Code of Iowa (1 993) enables two or more local governments
to enter into agreements to cooperate for their mutual advantage; and
WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls
for the preparation and adoption of development plans and agreements between the County
and the City regarding the municipality and its environment; and
WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and
amended through March, 1993, outlines the extent of urban development expected within the
next 20 years; and
WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish
policies for the orderly growth and development within the City's fringe area; and
WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are
necessary to more effectively and economically provide services for future growth and
development and to protect and preserve the fringe area's natural resources and its
environmentally sensitive features.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I. FRINGE AREA DEVELOPMENT POLICIES
The parties accept and agree to the following development policies regarding annexation,
zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354,
Code of Iowa {1993).
Purpose:
The Fringe Area Pohcy Agreement is rotended to provide for orderly and efficient development
patterns appropriate to a non-urbamzed area, protect and preserve the fringe area's natural
resources and environmentally sensitive features, direct development to areas with physical
character~stms which can accommodate development, and effectively and economically
provide services for future growth a~3d development.
In hght of these objectives, the City and the County examined the development capabilities
of the Iowa City fringe area and determined that development within this fringe area is to
occur m accordance with a) the Land Use Plan attached to this Agreement, b) development
standards contained in Section B of this agreement, and c) the fringe area development
policies contained in Section C of this Agreement.
-2-
PROPOSED (5/28/96)
A. Land Use Plan
The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use
patterns for the fringe area.
B. Development Standards
The following standards apply to unincorporated development in the fringe area.
Discourage development in areas which conflict with the Johnson County
Comprehensive Plan which considers CSR (Corn Suitability Rating), high water
table, wetlands, floodplain, non-erodible soil, and road suitability.
Protect the public health by requiring developers to meet or exceed minimum
standards for water and wastewater systems in all developments within the Iowa
City Fringe Area pursuant to Johnson County Public Health Department
Regulations.
Encourage cluster development which preserves large tracts of open space
including environmentally sensitwe areas and farm land, results in compact
development which requires less infrastructure, and is more efficient for provision
of services.
C. Fringe Area Development Policies
The parties agree to apply the following fringe area development policies.
FRINGE AREA A (FORMERLY AREAS 2, 3 AND
Permit residential development by considering, on a case-by-case basis, proposals to
rezone land in this area to RS-3 (one dwelling unit per three acres of lot area). RS
zoning will be considered if the application to rezone includes e plat showing 50% of the
property as an outlot designated as open space. Development must comply with City
Rural Design standards contaihed in Appendix A.
If land is annexed within Fringe Area A, the City agrees that it will not automatically
extend its fringe area authority to review and approve all subdivisions, which it exercises
pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of
Iowa City, Iowa. The City will review the extension of its fringe area as a result of
annexation on a case-by-base basis in consultation with Johnson County.
FRINGE AREA B (FORMERLY AREAS 5 AND 6)
As set forth in Iowa City's recently adopted growth policy, the City will likely annex land
w~thin one mile of Iowa City to the east and w~thin two miles of Iowa City to the south
in the short-range. It is therefore consistent w~th the purpose of this agreement that
rural subdivisions within these areas of high annexation potential be required to meet
City Urban Design Standards contained in Appendix A.
Land within Iowa Citv's Growth Area. As applications are received to develop land
contiguous to and w~thm the growth limits of the city, the City will give favorable
consideration to the voluntary annexation of this land and its development at an
urban density in conformance with the City's adopted land use plan for Fringe Area
-3-
PROPOSED (5/28/96)
B (Attachment 2). Prior to annexation, any zoning changes in Iowa City's
projected growth area shall also be consistent with the City's adopted land use
plan for Fringe Area B.
Subdivisions within Iowa City's projected growth area shall conform to City Urban
Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City,
including but not limited to City specifications for streets and roads, sanitary sewer
lines, stormwater management facilities and water lines. Developments which are
approved prior to annexation shall be required to be served by a package sanitary
sewage treatment plant and common wells with sanitary sewer and water
collection and distribution systems which are constructed to City standards and
can be connected to municipal systems upon annexation.
Subdivisions which are approved prior to annexation shall be required to be cluster
developments with 50% of the development designated as an outlot for open
space or future development.
Land outside Iowa Citv's Growth Area. On the balance of land in Area B that lies
outside Iowa City's projected growth area, agricultural uses are preferred.
However, consideration will be given to applications for single-family residential
development at a density of RS-10 (1 dwelling unit/10 acres), on a minimum 40
acre tract. This development must conform to Rural Design Standards.
Upon annexation of land within Fringe Area B, the City agrees that it will not
automatically extend its fringe area authority to review and approve all
subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14,
Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review
the extension of its fringe area as a result of annexation on a case-by-base basis
in consultation with Johnson County.
FRINGE AREA C (FORMERLY AREAS 1, 7 AND 8}
Land within Iowa Citv's Growth Area. Land m Area C which ~s presently zoned for
residential development, and within Iowa City's growth area, may develop in
conformance with existing zoning, prowded subdivisions shall conform to City
Urban Design standards contained ~n Title 14, Chapter 7 of the City Code of Iowa
City, including but not limited to City specifications for streets and roads, sanitary
sewer lines, stormwater management facilities and water lines. Developments
which are approved prior to annexation shall be required to be served by a package
sanitary sewage treatment plant and common wells with sanitary sewer and water
collection and distribution systems which are constructed to City standards and
can be connected to municipal systems upon annexation.
Subdivisions which are approved prior to annexation shall be required to be cluster
developments with 50% of the development designated as an outlot for open
space or future development.
Upon annexation to Iowa City, commercial and/or industrial development is
encouraged in the portion of Section 20 of West Lucas Township that is located
in the east and south quadrants of the Highway 1 and Highway 218 interchange.
It ~s consistent with the purpose of this agreement not to approve commercial
and/or industrial developments within this area prior to annexation. As stated in
the Johnson County Rural Development Plan, commercial and/or industrial
-4-
PROPOSED (5/28/96)
development will be encouraged to locate in the interchanges of paved roads.
Commercial and/or industrial development will be discouraged in all other areas of
Fringe Area C.
As applications are received to develop land contiguous to Iowa City and within
this portion of the City's growth area, the City will give favorable consideration to
the voluntary annexation of this land and its development for commercial and/or
industrial uses consistent with urban development patterns.
Land outside Iowa Citv's Growth Area. In the port.ions of Area C which are not
within Iowa City's growth area and which are zoned for non-farm development,
development may occur in conformance with Johnson County's Zoning Ordinance
and City Rural Design Standards.
The land in Area C currently zoned A-l, Rural, and outside the City's growth area
will be considered, upon receipt of an application, for rezoning to RS-10 (1
dwelling unit/10 acres) on a minimum 40 acre tract. RS-5 (1 dwelling unit/5 acres)
will be considered if the application to fezone includes a plat de. signating 80% of
the property as an outlot for open space.
Rural Design Standards will apply to all development outside the City's growth
area.
Upon annexation of land within Fringe Area C, the City agrees that it will not
automatically extend its fringe area authority to review and approve all
subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14,
Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review
the extension of its fringe area as a result of annexation on a case-by-base basis
in consultation with Johnson County.
SECTION I1. PROTECTING AGRICULTURAL OPERATIONS
Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as
contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson
County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations.
SECTION III. ADMINISTRATIVE POLICIES
As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning
ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe
area. Annexation ~s also primarily under exclusive rule of cities. Each of these activities,
however. affects both jurisdictions and produces a clear need for coordination and joint
administration. To that end, the City of Iowa City and Johnson County agree to the following
procedures for administration of land use regulations.
A. Zoninq Requlation:
Zoning regulation for all unincorporated territory will remain under the authority of
the Johnson County Zoning Ordinance and the provisions of Chapter 335, .Code
of Iowa (1993), the enabling legislation for the County's zoning powers.
The County will forward each request for rezoning of property within the Fringe
Areas specified in this Agreement to the City for review and comment prior to the
-5-
PROPOSED (5/28/96)
public hearing before the County Planning and Zoning Commission. Any zoning
change will conform with the policies identified for the Area in which the property
is located.
B. Subdivision Regulation:
Subdivision of land within Iowa City's fringe area will be required to conform to
either City Rural Design Standards or the City Urban Design Standards in
accordance with the policies specified in this Agreement.
Persons wishing to subdivide land within the fringe area specified in this
Agreement shall be required to simultaneously file a subdivision application with
both the City and the County. The City and the County shall coordinate the
processing of the application to ensure concurrent review by both the City Planning
and Zoning Commission and the County Planning and Zoning Commission.
3. Subdivisions of land into less than three lots will continue to be regulated by the
County.
C. Annexation:
1. Iowa City will annex territory only in accordance with the policy statements
specified in this Agreement.
The City will, upon receipt, forward applications requesting annexation or
severance (aleannexation) of property within the fringe area specified in this
Agreement to the County for review and comment prior to consideration by the
Iowa City Planning and Zoning Commission.
With the forwarding of each application to the County, the City will include a
proposal for extension of the two-mile extratermorial rewew area. This proposal
may include no extension or an extension up to two miles. The County will have
a specified time within which to respond in affirmative agreement, negatively or
with an alternative proposal. The City will take the County's response under
advisement when determining the extension of extraterritorial review.
SECTION III. AGREEMENT REVIEW
At any t~me during the three (3) year term of this Agreement, either the Chair of the Johnson
County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the
policies of this Agreement by contacting the other party to this Agreement. Both parties to
this Agreement shall consider modihcations of this Agreement, as appropriate.
SECTION IV. EFFECTIVE PERIOD
This Agreement shall become effective upon acceptance and execution by the parties, and
shall be in effect until 1999. This Agreement may be modified and extended by the written
mutual consent of the parties.
SECTION V. RECORDATION
Th~s Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson
County Recorder m compliance w~th Chapter 28E, Code of Iowa (1993).
-6-
Dated this day of ,1996.
JOHNSON COUNTY
Chairperson, Board of Supervisors
By:
Attest:
County Auditor
PROPOSED (5/28/96)
Approved by:
County Attorney's Office
Dated this day of ,1996.
CITY ~3F IOWA CITY
By:
Mayor
Attest:
City Clerk
Approved by:
City Attorney's Office
ATTACHIVIENTS:
1. Proposed Land Use Map for the Iowa City Fringe Area.
2. Figure 1: Fringe Area B (formerly Areas 5 and 6) Land Use Plan.
3. Appendix A: Definition of Standards
Fringe Area
':'J Land Use Map ~,95
/' LEGEND -'~ i.
'.' ~_1Ee~idential(RS or Fl$3) I "--
' J~J All
~' ricultural ~;
/ ~ Commercial or Industrial ~-
I LAND USE CONCEPT PLAN I
'" /
!
APPENDIX A
Definition of Standards
City Urban Desiqn Standards:
Those standards enumerated ~n Title 14, Chapter 7 of the City Code of Iowa City which the
City imposes on any subdivis,on within the corporate limits of Iowa City.
Citv Rural Desiqn Standards:
1.0 Streets
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.0
2.1
Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will
not be required.
2.2
The right-of-~ay for local streets without curb and gutter shall be 60 feet to enable
retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right-
of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The
right-of-way for arterial, industrial, and collector streets for the developed area shall
be determined in conjunction with the Planning and Zoning Commission.
The maximum street grade for local streets shall be 12%.
The pavement cross section for all pavements will be a 2% parabolic crown. This
cross slope is equivalent to 'A-inch per foot.
The pavement slab shall be constructed of a 6" rolled stone base and a 22-foot wide
chipseal surface.
Minimum corner radii shall be 20 feet.
The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a
12-~nch diameter (minimum) culvert, either reinforced concrete pipe or corrugated
metal pipe, through all drive approaches constructed over a dra,nage ditch. The exact
size of pipe required will be a function of the area to be drained.
Drwe approaches shall be hard surfaced w~thm the right-of-way.
Water D,str~but~on System
Well(s) shall conform to the requirements of the Johnson Coun',y Health Department
and the d~stnbution system, if installed, (water main) shall be e,ther ductile cast iron
pipe (ANSI A21.50 manufactured in accordance with ANSI A21.50) or poly vinyl
chloride pipe (PVC-ASTM D1 784, Type 1, Grade 1, 200 ps~ design stress and SDR of
17 or less).
It shall be the respons~b,lity of the Developer's Engineer to estabhsh a hre rating for the
area being developed. Prior to plat approval, there shall be a letter of transmittal from
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
June 24, 1996
City Manager and City Council
Steven Nasby, Associate Planner"~.
Housing and Community Development Commission-Conflict of Interest issues
The Housing and Community Development Commission (HCDC) has been, periodically,
discussing the issue of "Conflict of Interest" for the last several months. This has become
an issue due to the Commission's role of making recommendations to the City Council on
the allocation of Community Development Block Grant (CDBG) and HOME Investment
Partnership (HOME) funding. Since the Commission routinely deals with the allocation
and\or reallocation of these funds they feel that it is important that a policy or guideline for
determining a conflict of interest be established to help the Commission determine when
members may have a conflict of interest.
There is a history of a conflict of interest discussion that started with the iowa City Housing
Commission and the Committee on Community Needs. To help make a determination on
what constitutes a conflict of interest these former Commissions and the HCDC has sought
assistance from the City Attorney's Office (see attached legal opinions).
At their April 4, 1996, meeting, HCDC recommended that the Chair (Linda Murray) write a
memo to the City Council regarding the conflict of interest issue. On June 13, 1996, HCDC
reviewed and recommended the attached memo be sent to the City Council, from the
Commission. The Commission also requested that the City Council set-aside some time to
jointly discuss this issue with the Commission.
CC:
Linda Woito, City Attorney
Karin Franklin, Director of Planning and Community Development
Maurice Head, Community Development Coordinator
Linda Murray, Chair, Housing and Community Development Commission
DATE:
TO:
FROM:
RE:
June 3, 1996
Housing and Community Development Commission
Linda Murray, HCDC Chair ~
Conflict of Interest Memo to the City Council
The problem of defining a "Conflict of Interest" is an issue that the Housing and
Community Development Commission (HCDC) has dealt with on a number of
occasions over the last year. The conflict of interest issue was originally brought up by
the former Committee on Community Needs (CCN) when MaryAnn Dennis was the
Chair. CCN and HCDC have received several opinions from the City Attorney's office
(see attached).
The City Attorney's most recent opinion on this subject states that anyone with an
affiliation with an agency\organization applying or competing for funding should refrain
from both discussion and voting. This year Charles Eastham, President of the Board
for Greater Iowa City Housing Fellowship, could not be involved during the discussion
or allocation of funds for any projects. In light of this ruling from the City Attorney's
office, HCDC believes that it has received a conflicting message from the Council.
Specifically, the Council's recent appointment of David Purdy to HCDC. Mr. Purdy, as
an employee of Elderly Services Agency, seems to come under the same constraints
as Charles Eastham in terms of participation in funding discussions and
recommendations. HCDC believes that it places an undue burden on the whole
Commission to have two members operating under these constraints. Therefore,
HCDC is requesting that the City Council provide the Commission with clarification or a
policy regarding conflict of interest as it pertains to HCDC membership and future
appointments.
City of Iowa City
MEMORANDUM
Date:
March 26, 1996
To:
From:
Re:
Marianne Milkman, Community Development Coordinator
Anne G. Burnside, First Assistant City Attorney ~
Legal Opinion Issued Mitch 4, 1996: Request for Correction
On March 4, 1996, the City Attorney Office issued a legal opinion, at your request,
regarding a possible conflict of interest of a member of the Iowa City Housing and
Community Development Commission. On behalf of the office, I attended the March 13,
1996 meeting of the Housing and Community Development Commission. Mr. Charlie
Eastham stated at the meeting that he objected to this sentence in the opinion:
"Mr. Eastham has been hesitant to refrain from taking an advocate position
on the Commission regarding funding of applications from his agency and
competitor applications."
He believes the sentence is not correct and that it speaks ill of him in the community. He
asks that the sentence be deleted from the opinion.
I have reviewed the factual basis of the sentence with staff of the Planning and
Community Development Department. They affirm that Mr. Eastham has not advocated
for an application from his agency, Greater Iowa City Housing Fellowship, while he has
served on the Commission. The sentence appears to be a misstatement of the record.
The sentence should be deleted from the opinion. The permanent file of City Attorney
Opinions which is kept in the office of the City Attorney will be amended accordingly.
Please amend your records to delete the sentence.
City of Iowa City
MEMORANDUM -
Date:
To:
From:
Re:
March 4. 1996
Marianne Milkman, Commumty Development Coordinator
Linda Newman Woito, City Attorney ~/~"'_/I _ 2~
Anne G. Burnside, First Assistant City Attorn__ey ~-~--~J~/'
Sarah E. Holecek, Assistant City Attorney ~
Legal Opinion Request: FY97 CDBG/HOME Applications;
Conflict of Interest for Housing and Community Development Commission
Members with respect to funding allocations
ISSUE
The Iowa City Housing and Community Development Commission has received applications
from numerous entities for allocation of FY97 CDBG/HOME funds, and having determined that
a number of these applications are eligible for funding, will now proceed to specifically
allocate funds to those applications previously reviewed. Having given the opinion that a
member of the Commission has a conflict of interest which precluded participation in the
hearings on the merits of those applications competing for funds within the housing project
category (see Legal Opinion of Anne G. Burnside dated February 19, 1996), the question now
arises as to whether the Commission member who holds a Board position with the Greater
Iowa City Housing Fellowship may participate in the allocation of funds between the approved
applications.
CONCLUSION
As the applications submitted by the Greater Iowa City Housing Fellowship have been
reviewed and now await a specific allocation of funds, Mr. Charles Eastham, as President of
the Board of Trustees of the Greater Iowa City Housing Fellowship and a member of the Iowa
City Housing and Community Development Commission, has a conflict of interest which
precludes his participation in the allocation of FY97 monies to all applications because there
~s a hkelihood that his participation in discussion of a competing application will affect the
percentage and/or dollar amounts evadable for his agenc¥'s allocation. As a result of this
likelihood, Mr. Eastham should neither d~scuss nor vote on the allocation of mortres tO any of
the applications.
DISCUSSION
The Iowa City Housing and Community Development Commission will be allocating funds to
pending applicabons during meetings on March 13th and 14th, 1996. The monies which are
to be allocated ~nclude both CDBG and HOME funds. Although all HOME funds are
"earmarked" exclusively for affordable housing projects, CDBG funds are not so specifically
designated, and thus CDBG funds are included in the "pot" of funds to be allocated within the
Housing Projects category. If applications in other categories are not funded in their entirety,
the surplus funds from those categories may be transferred to the Housing Projects category,
thus increasing the amount of funds to be allocated within this category and corresl~ondingly
~ncreasing the likelihood of full funding for GICHF applications. In sum, the allocation of funds
to other applications in any category affects the amount and probable allocation of funds to
GICHF applications within the Housing Projects Category. Further, as funding within the
Economic Development Projects category exceeds the applications for such funds by
$36°754, it is certain that there will be a discussion and re-allocation of surplus funds from
that category. Likewise, funding shortfall within other categories will lead to a discussion and
vote on partial funding within those categories.
it is important to note that the work of this Commission involves the direct funding of outside
agencies by allocating public monies. This is in contrast to the work of any other City board
or commission. It is a common goal that the City Council should attempt to appoint persons
with expertise to municipal boards and commissions because those bodies serve an advisory
function to the City Council. However, the typical Iowa City board or commission does not
hold funding hearings and advise the Council on funding issues, as does the Housing and
Community Development Commission. One further distinction is notable. Mr. Eastham has
been hesitant to refrain from taking an advocate position on the Commission regarding funding
of applications from his agency and competitor applications. The line between advising and
advocating may be unclear at times, but when that is so, a member must err on the side of
avoiding action which creates a conflict of interest. Each member of a board or commission
owes a primary allegiance to the entire board and to the City, and every effort must be made
to guard against advocacy for a member's interest. For these reasons, this opinion must be
seen as fairly unique to the Commission.
The legal analysis presented in the Opinion of Anne G. Burnside dated February 19, 1996 also
applies to this conflict of interest question and will not be restated here. As outlined in that
opinion, the {~ity Attorney's Office has repeatedly concluded that a Commission member
should not vote or participate in funding discussions if such member is affiliated with an
applicant for monies or affiliated with an applicant which is in competition for monies. As
stated above, the allocation of monies to one applicant necessarily affects the total amount
of monies to be allocated to other applicants, and as such, all applicants are necessarily in
competition with one another for monies. Thus, the Commission member who holds the
position of President of the GICHF Board of Trustees must not participate in the discussion
of allocation of monies to any applications, and must abstain from voting to award monies to
such applications. Specifically, Mr. Charles Eastham should not participate in the discussion
or vote on the allocation of monies to any applicants so long as he holds a position of rank
with GICHF and so long as GICHF is an applicant for CDBG/HOME monies.
Attachments
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
February 19. 1996
Marianne Milkman, Community Development Coordinator
Anne G. Burnside, First Assistant City Attorney -~
Legal Opinion Request: FY97 CDBG/HOME Applications; Conflict of
Interest for Housing and Community Development Commission
Members
Issu~
Hearings will be held this month before the Iowa City Housing and Community
Development Commission upon applications from numerous entities for allocation of FY97
CDBG\HOME funds. The question has arisen whether a member of the Commission has a
conflict of interest which would preclude such member from full participation in the
hearings, and if so, what role should such member take in the hearings.
Conclusion
Mr. Charles Eastham is a member of the Iowa City Housing Community Development
Commission and is President of the Board of Trustees of the Greater Iowa City Housing
Fellowship. GICHF has housing project applications pending before the Commission for
award of FY97 monies. Mr. Eastham should not participate in any discussion or vote on
the applications for housing project monies. He has no conflict of interest with regard to
any applications for other monies, as GICHF does not have applications for such monies
pending before the Commission.
Discussion
Questions very simdar to the present one have arisen in previous funding years. This
ofhce has ~ssued several written opinmns regarding the posited conflicts of interest. This
office has always iterated the fact-based nature of a conflict of interest analysis, which
makes each case distract on ~ts own facts and therefore requires examination afresh from
prewous opinions, although relying upon the same general principles. City Attorney Linda
Wo~to explained the historic legal nature of conflict of interest analysis this way:
"'With respect to the fiduciary duties of public officials, no definite rule can
be given indicating the line of demarcation between that which is proper and
that which is unlawful; for this reason, questions concerning whether there
~s a conflict of interest wolative of law are not susceptible of generalized
answers. Essentially, each case wdl be law only unto ~tself."
63A AM. JUR. 2d "Public Officers and Employees," Section 319, p. 897.
Speaking generally, every public officer is bound to perform the duties of the office
*'...honestly, faithfully, and to the best of h~s abihty, m such a manner as to
be above suspicion of ~rregulanties, and to act primerrely for the benefit of the
public....He ~s further bound to act impartially in matters pertaining to the
administration of hms dutms." Id., pp. 896-97.
Hundreds of years ago courts of equity, which were rival courts established by the
Chancellor of England and known as Courts of Chancery, were adopted to protect property
placed in the hands of another. This body of law is known as the law of trusts. Under
this law, a person is said to be entrusted with the care, custody and control of the assets
and business of another, thereby creating a "trust relationship". This means placing one's
property in the hands of another creates a fiduciary relationship. Under general rules of
equity, a fiduciary "...has a duty to care for the assets entrusted to him as if they were his
own." Bayne, Corporate Control as a Strict Trustee, 53 GEO.L.J. 533 (1965). Thus, a
fiduciary must make sure all benefits from administration of the trust are guarded for the
benefit of the beneficiary. This is a form of stewardship which has its origins in moral,
ethical and legal principles. This means that personal ownership is, by its very nature,
inconsistent with stewardship obligations assigned to a fiduciary:
"'It is among the rudiments of the law that the same person cannot act for
himself and at the same time, with respect to the same matter, as the agent
for another whose interests are confiicting....The two positions impose
different obligations, and their union would at once raise a conflict....'"
Bayne, supra, quoting Mr. Justice Field.
Over the years it was this concern for conflicting obligations that developed into a body of
law on conflict of interest rules, in order to protect not only the trust, but also the
beneficiaries and the trustees themselves.
Since the equity courts also viewed the role of a public official as a fiduciary role, Iowa has
applied these common law conflict of interest rules not only to city officials, but also to
c~ty employees, see, e.g., Bay v. Davidson, 133 Iowa 688, 691, 111 N.W. 25 (1907).
In Bay v. Davidson, the mayor and council members ~n Grand River, Iowa had routinely
purchased lumber and other materials from one of the town council members. A taxpayer
challenged the transaction as an illegal conflict of interest, and the Iowa Supreme Court
agreed:
"It ~s a well-esta12hshed and salutary rule m equity that he who ~s intrusted
w~th the business of others cannot be allowed to make such business an
oblect of pecumary profit to h~mself. Th~s rule does not depend on reason
technical ~n character and is not local ~n its application. It is based upon
pnnc~ples of reason, of morality and of public policy. It has its foundation in
the very constitutmn of our nature, for it has authoritatively been declared
that a man cannot serve two masters,...".
Bay v. Dawdson, at 691.
2
In a more recent case mvolv~ng the C~ty of Iowa City, the Iowa Supreme Court restated
the rule as follows:
"We doubt ~f any rule of law has more longevity than that which condemns
conflict between the public and pr,vate interests of government officials and
employees nor any which has been more consistently and ng~dly applied.
Wilson v. Iowa City, 165 N.W. 2d 813. 822 (iowa 1969).
In the W. ilson case, Iowa City residents challenged urban renewal contracts as illegal under
the Iowa urban renewal law, claiming that various city council members owned or leased
property within the urban renewal area, and one council member was employed by a major
property owner--the University. The Court had little trouble finding that the council
members who owned or leased property within the urban renewal area had an illegal
conflict of interest.
The Court found the issue regarding the council member who was employed by the
University to be a closer question. However, the Court held this member, too, had a
conflict of interest. His position with the University was as director of community
relations. Since the University was a major property owner within the City's urban
renewal area, the council member's loyalty to his employer conflicted with his loyalty to
the City. The Court said:
"The question is whether there is a potential for conflict, not whether the
public servant succumbs to the temptation or is even aware of it....The
potential of psychological influences cannot be ignored....The mere existence
of a potential conflict, and not its actual effect, requires the official action to
be invalidated."
Wilson, at p. 823.
Neither Wilson nor Bav v. Davidson address whether a conflict of ~nterest precludes
voting, only, or whether once a conflict of interest has been found, the member affected
should avoid all participation in the matter at conflict. In 1979, the Iowa Attorney General
was asked whether a business agent for a municipal union would be precluded from
running for city council, and, if elected, would he be precluded by conflict of interest from
taking part in any questions before the council relating to labor/management relations in
general and any matters relating to his union in particular.
The Attorney General noted that the umon contract was not the type of contract which
Iowa Code refers to when ~t prohibits "any city officer or employee from having an
mterest...~n any contract..to be performed for his c~ty." Section 362.5, Code of Iowa.
Umon employee contracts are subjects of collective bargaining under Chapter 20 of the
Iowa Code. and the city council member would not be involved in the bargaining because
that ~s done by employees at an electron. Thus, the Attorney General found. the "policy
thrust of Section 362.5, the preventran of ~mproper influence over w~th whom the city
contracts. is inapplicable in this context."
The Attorney General went on to rewew common law concepts of conflict of ~nterest as
articulated ~n Bar v. Oawdson and Wilson, above. to conclude the person "should avoid
part~cipabng m any questions before the council relating to labor/management relations in
general and any matters relating to h~s union m particular." C~tmg the Wilson Court, the
Attorney General stated: "it is not necessary that this advantage be a financial one.
Neither is it required that there be a showing the official sought or gained such a result. It
.s the Potential for conflict of ~nterest which the law desires to avoid." 1979 Attorney
General Opimon. 10/31/79; #79-10-23. citing Wilson v. Iowa City. at p. 822.
With these general principles in m~nd. I turn to the questions presented most recently.
The Housing and Community Development Commission has received applications for
CDBG\HOME monies which are anticipated to be available for award. Applications have
been received for 1) Economic Development Projects; 2} Public Facilities Projects; 3} Public
Service Projects; and 4) Housing Projects. In total, application for $1,787,008 have been
received. An estimated $1,1 26,300 is available for allocation among the applicants. A
complete itemization of the applicants, the funds requested and estimated funds available
by category is attached. For purposes of this opinion, it is relevant that there is less
money potentially available for allocation than is requested.
A member of the Housing and Community Development Commission serves as President
of Greater Iowa City Housing Fellowship (GICHF). GICHF is a not-for-profit corporation
which acquires, builds and rents affordable housing for Iowa Citians. The corporation acts
as an owner/manager of the properties it acquires and rents to individuals. The President
of the Board of Trustees of GICHF is not a paid position. Does this member have a
conflict of interest which precludes his voting on applications before the Commission for
housing project funds? If such conflict exists, does it preclude this member from
participating in discussions of applications for housing project funds.'?
Th~s office has repeatedly considered whether there may be a conflict of interest for a
member of this Commission, or one of ~ts predecessors, the Committee for Community
Needs (CCN), when reviewing applications for monies. See attached opinions of January
12, 1993 and July 1 8, 1994, for example. This office has repeatedly concluded that
cases such as Bay v. Davidson and Wilson v. Iowa Citv make it ill-advised for a
Commission member to vote or to participate in funding discussions if that member is
affiliated with an applicant for monies or is in competition with such an applicant.
The present question presented does not differ from the earlier ones in essential regards
and I conclude that the Commission member who also holds the position of President of
the GICHF Board of Trustees must not participate ~n the d~scussion of applications, the
allocahon of monies, or the vote to award monroe to competitors for housing projects.
GICHF ~s not an applicant for monies under any of the other categories and therefore, no
conflict, actual or potential exists. The member may and should participate fully in all
matters regarding the economic development projects, the public facilities projects, and
the public service projects.
I beheve some confusion may have resulted from an earlier opinion which focuses on the
number of applicants and the amount of money available. This line of reasoning is
expressly stated at Sectran 362.6° Code of Iowa whmh provides: "[AI measure voted upon
is not invalid by reason of conflict of interest in an officer of a city, unless the vote of the
officer was decisive to Passage of the measure". I think it is clear that this second rule
does not define if or when a conflict of interest exists, but states the result which follows
if the conflict of interest is allowed to be exercised. Thus, a conflict of interest, as defined
by the Iowa Supreme Court. may exist, regardless how many votes exist on the council or
commission, or whether the member with the conflict sways other votes to their side.
The question presented for this opinion is not "What shall be done if we decide there was
a conflict of interest which affected a vote?", but whether a conflict of interest may exist
which should not be permitted, in the public interest, to operate to cloud a vote.
For these reasons, and in keeping with earlier opinions of this office which recommended a
strict abstention from situations of potential conflict of interest, I urge any Commission
member who also holds a position of rank with an applicant for grant monies to abstain
from participation in discussions and votes of competitor applicants. In the present
question, specifically, Mr. Eastham should not participate in the discussion or vote of any
application for housing project monies, so long as he holds his present or a similar position
with GICHF and so long as GICHF is an applicant for housing project monies.
I will not be able to attend the hearing on February 21 and 22, 1996 because I must be
out of town on those dates. I will be available to discuss this opinion with you prior to the
meetings, and will arrange for an attorney from this office to atte,~d the meetings if you
deem it important and useful.
Attachments
Copy to: Linda Newman Woito, City Attorney
5
FY97 APPLICATIONS FOR CDRC,\HOME FUNDS
,~~elopment Pr~ects
Institute for Social and Economic Development: Micro-enterprise Training
Heartland Candleworks: Business Expansion\Marketing
Sub-Total
Pubtic Facllltfes Pr~je~
Neighborhood Centers of Johnson County: Pheasant Ridge Facility
Youth Homes: Rehabilitation at Johnson and Jefferson Street Houses
Even Conner Center for Independent Living: Accessibility Improvements
Free Medical Clinic: Clinic Renovations
Sub-Total
J~ublla :Servtee Pr~ec/~
Domestic Violence Intervention Program: Furniture Project
East Central Iowa Employment and Training Consortium: Job Training
Everl Conner Center for Independent Living: Temporary Employment
Mayors' Youth Employment Program: Youth Employment Training
LIFE Skills: Housing Coordinator Position
Emergency Housing Project: Counseling Services for Transitional Housing
Sub-Total
[-Iousin,g PrOacts
Elderly Services Agency: Small Repair Program
City of Iowa City: Housing Rehabilitation
Even Conner Ctr. for Indep, Living: Rental Housing - Accessibility Rehab
Greater Iowa City Housing Fellowship: Acquisition & Rehab
Greater Iowa City Housing Fellowship: Homeownership - New Construction
Greater Iowa City Housing Fellowship: Site Acquisition
City of Iowa City: SRO Housing
City of Iowa City: Homeownership. Downpayment Assistance
Iowa City Public Housing Authority: Tenant Based Rent Assistance
Sub-Total
28,000
78,000
185,000
20,000
1,848
263,848
7,500
25,702
23,000
24,053
17,100
107,355
28,000
457,000
18,000
344,405
107.400
88,000
100.000
45,000
150.000
1,337,805
GRAND TOTAL REQUESTED
$1,787,008
Estimated Funding Available for FY97 Allocations. by Category
Economic Development Projects $ 126,000
Public Facilities Projects $ 98,000
Public Service Projects (excludes Aid to Agencies) $ 51,300
Housing Projects $ 784,000
Contingency .L_67.000
Total Available $1,126,300
City of iowa City
MEMORANDUM
Date:
January 17, 1996
To;
From:
Re:
Marianne Milkman, Community Development Coordinator, Planning &
Community Development Department
Linda Newman Woito, City Attorney ~
Additional clarification of questions concerning conflict of interest where a
Commission member votes on funding requests, with small number of organiza-
tions competing for the same dollars
Issue
I have been asked to again clarify certain legal opinions issued by the City Attorney's Office
as to whether Housing and Community Development Commission members may participate
~n, and vote upon, funding issues which relate to their own outside agency, as well as vote
on the competitor's request. More specifically, the question is whether Charlie Eastham, who
is president of the Board of Trustees of the Greater Iowa City Housing Fellowship (GICHF),
should not only abstain from discussion and voting on requests to the Commission made by
his own outside agency, but should also abstain from discussion and voting upon funding
requests from GICHF's competitor where there is a small number of competitors.
Summary of Conclusion
The answer to th~s question is "yes." Where a small number of orgamzations or outside
agencies are competing for a limited amount of funds, in this case GICHF and HACAP, the
opportunity for Mr. Eastham to influence the Commission's vote on the competing request is
the same degree as his ability to influence the Commissmn's vote on his own agency's
request. That is, since there are only two entities competing for a limited dollar amount, Mr.
Eastham's ability to influence the vote on the competitor's request is directly equal to his own
entity's request - thereby tainting the fairness and impartiality needed by a City Commission.
In such instance, the opportumty clearly exists for one member of the Commission to
substantially and materially affect not only their own entity's request, but the request of the
sole competitor. It is therefore the opinion of thin Office that m such event, Mr. Eastham
should abstain from participation ~n discussion on the two competing funding requests, and
should also abstain from voting.
Background & Analysis
As I understand the recent question, the issue arose when the Housing and Community
Development Commission ("Commission"') met to discuss allocabon of HOME funds which
were eligible for use only by Community Housing Development Organizations (CHDOs). In
Iowa City, we are fortunate to have two CHDOs: Greater Iowa C,ty Housing Fellowship
(GICHF) and Hawkeye Area Community Action Project (HACAP).
2
This means as practical matter, when e request comes to the Commission for expenditure of
these HOME funds eligible only to CHDOs, you will have two competing agencies: GICHF and
HACAP. Since Charlie Eastham is president of the Board of Trustees for GICHF, it is not only
human nature, but common sense, that he will he in a position to indirectly influence the
outcome on his own agenc¥'s funding if he is permitted tO discuss and vote on the competitor
agency -- even though he is silent and abstains from discussion and voting on his own
agency's request. In contrast to my July 1995 opinion, this indirect influence on the outcome
of his agency's funding does create an unlawful conflict of interest by reason of the small
number of competitors. Because Iowa City has only two CHDOs this same scenario will be
repeated time and time again. Thus it is the opinion of this Office that Mr. Eastham should
abstain from participation and voting on the competitor's request, where by reason of the
small number of competitors (two), his own agency stands to gain by a decrease in the
competitor's request(s). This abstention should be a matter of public record, as required by
§362.5 and .6, Code of Iowa (1995).
Please call if you have additional questions.
CO:
Members, Housing & Community Development Commission
Anne Burnside, First Assistant City Attorney
Charlie Eastham, Greater Iowa City Housing Fellowship
((
City of Iowa City
MEMORANDUM
Date;
July 24, t 995
To:
~rom;
Re:
Madanna Milkman, Community Development Coordinator, Planning and
Community Development Department ~
Unda Newman Wolto, City Attorney
Beverly Ogmn, Assistant City Attomey~
Questions concerning °conflict of interear' where Commission member votes on
Issues dealing with member's outside agency
In light of the merger of the former Iowa City Housing Commission and the former Committee on
Community Needs into a new =Housing and Community Development Commission,' several
issues have bean raised:
Is a Commission member who is employed by, or has some other relationship with, an
outside agency required to abstain from voting on the maEer relating to their outsfds board
or agency?
If so, is a Commission member required to also abstain from voting on other matters, such
as funding requests that are not related to their outside agency,?
Summary of Conclusion:
The answer to your first question is 'yes.' A member of your newly-created Housing and
Community Development Commission who works for -- or is on the board of directors for --an
outside agency requesting City funds must ab~aln not only from voting on the matter, but
also from discussion of the sgency's request.
The answer to your second question is "no." Rased on simple arithmetic, it would be nearly
,mpossible to ~rig° the vote for their own agency -- because the Commission member would have
to change all the votes on all the other agency requests, and do so for each voting member. In
a word, the likelihood that the many combinations and permutations of the various Commission
members' votes resulting in the member's 'engineering' their own agency's success over all
competing agencies is remote. Moreover, requiring the Commission member to abstain from
voting on any funding requests, regardIsis of whether the Commission member Is related
to the outside agency, aimply "guts" the Commission nmmber'a authority and defeats the
purpoee of their membsrl~hlp.
2
AnaSyalm:
Statutory Rules
A member of the newly-created Housing and Community Development Commission ("Cornrole.
sion') is deemed a "City officer' under Iowa's conflict of interest laws, see §364.5, Code of iowa
( 1995):
°A city officer or employee shall not have an interest, direct or indirect, In any
contract orjob of work or material or the profits thereof or senn~ee to be furnished
or performed for the officer's or amployee'a city. A conl~act entered Into in
violation of this sec'don is void."
§362.5, Code,
There are a number of exception8 to this statutory requirement - none of whk~h apply !o your
questions. In "plain English," this statute means that a Commission member who works for an
outside agency, or is on the boam~ of directors of an outside non-profit corporation or agency,
has · clear sonfilet of Interest which dl~quallfle~ them from YoUng on the matter. Moreover,
the Commission member must publlcly state the conflict and their intenfion to abstain:
'...the statement of an officer that the officer declines to vote by reason of cenfltc~
of interest is conclusive and must be entered of record.'
§362.6, Code of iowa (1995) [emphasis added].
This means that if a Commission member do~e have a direct relationship with one of the out, de
agencies who are seeking monles___fmm the City, the Commission member must do the following:
Announce the relationship and their intention to abstain as a conflict of interest. Otherwise,
their vote. may later be disqualified under Iowa law, and render the contract or funding void
-- meamng Jt does not exist.
The announcement of a conflict of interest and the intention to abstain from voting must
be made publicly on the record, and entered into the minutes.
3 The person should not participate in the discussion concerning the application for funding
or potential contract between the City and the Commission member's own agency.
Common-law Rules
General legal principles of 'conflict of interest' require that every public officer is bound to perform
the duties of the office
'...honestly. faithfully. and to the best of his ability, in such a manner as to be
above suspicion of irregularities, and to act primarily for the benefit of the
public....He is further bound to act impartially in mattera pertaining to the
administration of his duties."
83A AM. JUR. 2d, 'Public Officers and Employees," §319, pp. 896-g7.
3
LOng ago. the Iowa Supreme Court announced ~ts concern over avoiding "conflicting
obl~gatmns" of public officials
'"It is a well-established and salutary rule mn equity that he who is ~ntnJsted with
the busmess of others [city commission bueinessJ cannot be allowed to make
such business an object of Pecuniary profit to himself. This rule does not
depend on reason technical in character and is not local m its application. It is
based upon principles of reason. of morality and of public policy. It has its
foundations in the very constitution of our nature, for it has authoritatively
been daclarad that a man cannot serve two masters,....',,
Bay v. Davidson. 133 iowa 688, 691. 111 N.W. 25 (1907) (emphasis added).
Clarification of Prior Legal Opinion:
As stated in a legal opinion by former A~siatant Cffy Attorney Patricia Cone-Fisher, the
Attorney's Circe found that a conflict of interest did, indeed, disqualify a Housing CommiaNon
member from voting on issues which dealt · · , ·
funds. This rule'~olds with his a~.e.n. cy s app~cation to the Commition for
or monetarily from the City action. This means that a Commission member who acts onJy 88
a board of directors member for a non-profit. charitable corporation and receives no salary, still
stands in what we call a '?Jduciary relationship" with the not-for-prefR corporation - regardl~
of whether the PerSons earYeS with or without pay. Since "conflict olinrarest" rules dictate that
"one cannot serve two masters over the same matter," the Commission member Is required
to abstain from voting or] any matters relating to tile member's outside board or
However, in order to clarify prior.City Attorney opinions, this voting rule does not extend to
a requirement that the Commission member also abel,.in from voting on competing'"?
mat/am or toOhenry requests not related to the outside agency up!ess the board/
-megabe .r~v~__~te~se. competing matters would be decislve,'~wmch ,s almos~.~J
mathematically
In the case where a Commission member's outside agency requests funding from the City and
Ihe Commission must make a recommendation on which agencies wJJJ receive funding, the
Commission member must abstain from voting on their own agency request, However,
the .Ikelihood of one Commission member swaying all the other Commission members'
votes on each and every one of the_c,_o~_~fi__~_~ requests is slim indeed. It is therefore
6~ur 0pi6|on that ~he "conflict of interest" rules do not disqualify the Commission
member from voting on matters unrelated to their agency.
~or example. ~f there were ten (1 O) applications and a n~ne member Commission. the likelihood
~hat one Commission member could convince all of the olher Commission members for each
and every vote on the other nine applications seems very remote. In a word. the numbers just
do not add up. and therefore do not require abstammg from volrag on funding requests from
agencies unrelated to the Commission member
AS for whether the Commission member removes themselves from the room when the
Commission ~s discussing their own agency's request ~s a matter of discretion within the
Commission and the Commission chair ~ although the "cleanest" way to avoid even the
"appearance of a conflict of aterest" ie to remove oneself from the room dunng discussion of
one's own agency request. However. we have seen ~t done both ways. and ~f you have
4
questions regarding this particular issue, please contac~ u~ in the City Attorney's Office at
356-5030.
Conclusion
These "conflict of interest" miss are rather strict. However, it is important that Commission
members avoid voting where conflicts of interest exist, because the vote may render
subsequent Commission acton Ilkgal, invalid and void. We ~houid therefore take every
Precaution to avoid even the aPPearance of impropriety, see Wilson v, C~ of Iowa City. 185
N.W.2d 813, 822 (iowa 1969).
In explaining these ru~ee to persona who ,eva without compensat/on on many pdvate agencies
in iowa City, aa well as serve withaut ~mpensafion on many of our C~ boards and comm~.
alone, we realize these rupee may seem harsh. However, the ~aw Is c~ear.
"It is the general and welNestal~tad role that it J. Im r
member of a munlct~l mrm.'~ -- -.-.- ......... props and illegal for a
ot~ upon any aware,..--.-.,.. ,_ .... [the emmlselen] to
vote [cltaa omtlted]." ,..,~ Funs.rim ngn!~ will be affected by
_Security National Bank v. Ba~iey., 202 Iowa 701,709, 49 ALR 705 (1926). [emphasis
added]
We am aware that we I~ave not answered all of your questions. but we believe we have
answered the two specific questions you have recently presented. Since the law of conflict of
interest is a very f~ct-ba.ed Inquiry, p/ease do not hesitate to contact us if you have further
questions.
City Council, FYI
City Cler~
City Manager
Assistant City Manager
City Attorney Opinion File
City of Iowa City
MEMORANDUM
Oate: Jul,/ !8. 1994-
To: Benjamin Moore, Chairperson and Members of the Housing Commission
From: Patncia J. Cone-Fisher, Assistant City Attorne/~i¥
Re: Conflict of Interest
The City Attorney's Office has recently received inquiries from various parties requesting
clarification about the law relating to conflicts of interest of individuals serving on City
commissions. Specifically, a question has arisen regarding Charlie Eastham's positions as a
member of the Iowa City Housing Commission (ICHC) and as President of the Board of
Trustees of the Greater Iowa City Housing Fellowship (GICHF).
GICHF is a local non-profit organization whose purpose is to acquire, build and rent affordable
housing for Iowa Citians. The organization acts as an owner/manager of the properties it
acquires and rents to individuals. Mr. Eastham does not receive a salary in his position with
GICHF. ICHC is an advisory board to the City Council.
Attached is a January 12, 1993, legal opinion written by Anne Burnside which generally
outlines the applicable law of conflict of interest. While Mr. Eastham is President of the Board
of Trustees of GICHF instead of the organization's Executive Director, the conclusion reached
in the legal opinion applies equally to Mr. Eastham, namely, as the Iowa Supreme Court
explained in Wilson v. Iowa City, 165 N.W.2d 813, 819 (Iowa 1969), the law guards against
placing an ~ndividual in a position where "temptation would be offered ' ' ' to disregard his
[or her] public duty, and yield to the temptation of personal interest."' Further, the Wilson
court stated the private advantage at issue need not necessarily be a financial one~ld. at
822.
The Wilson court further explained an "interested" person should not participate in discussions
revolving h~s or her organization because {1 ) the participation of the disqualified member in the
discussion may influence the opinion of the other members; and 12) such participation may
cause suspicion to be cast on the ~mpartiahty of the group's decision. I_d. at 820. As Anne
Burns~de's January 12, 1993 opinion states, appearances of conflicts of interest must be
avoided as assiduously as actual conflicts.
Consequently, Mr. Eastham should abstain from participating in matters bei'ore ICHC which
relate to GICHF applications for funds or other benefits, including abstenbon from voting. Thin
abstentmn should also extend to applications where, the dectalon to recommend funds to
another orgamzat~on w~11 indirectly affect GICHF, for instance, where a small number of
organizations. including GICHF, are vying for a limited amount of funds. In addibon, Mr.
Easthera's abstention should be a matter of public record.
Please feel free to call me if you have further questions about thi~ matter. I will be available
at your July 19, 1994, meeting to explain this opinion and answer your questions.
CC:
Steve Arkins, City Manager
Marianne Milkman, Community Development Coordinator
City Attorney's opinion file
((
Janua~ 12,~993
Mananne Milkman
Community Development Coordinator
Oepartment of Planning and Community Development
4t0 E. Washington Street
Iowa City, IA 52240
CIFF OF I0 kI,'A CITY
Legal Opinion Request: Conflict of Interest
Dear Marianne:
You have requested a legal opinion as to whether MaryAnn Dennis' position on the Committee
for Community Needs (CCN) is in conflict with her role as Executive Director of the Greater Iowa
City Housing Fellowship (GICHF).
CCN is a municipal administrative agency which advises the City Council regarding needs of the
community. For example, the committee makes recommendations to the Council about
allocation of CDBG funds. GICHF is a non-profrt local organization which deals with issues of
housing Iowa Citians. GICHF has received CDBG funds in the past and may seek to do so again
in the future.
Section 362.5, Code of Iowa, states ~a city officer or employee shall not have an interest, direct
or indirect, in any contract or job of work or material or the profits thereof or services to be
furnished or performed for the officer's or employee's city". An "officer" is a natural person
elected or appointed to a fixed term and exercising some portion of the power of a city. Section
362.2(8).
Dennis is not an employee or an officer of the City. Although she is chair of CNN, she does not
"exercise some portion o1' the power of (the) city", because the Commission serves only to make
recommendations to the City Council. The interest which she has in seeing GICHF receive
COBG funds, at the recommendation of CCN, is not pecunia~/. Dennis has no person financial
interest in GICHF. Therefore, the conflict which may exist when she hears GICHF applications
from her seat on CCN is of the type identified by the Court in Wilson v. Iowa City, 165 N.W.2d
813. 823 (Iowa 1969). '~Nhen one is committed to give loyalty and dedication of effort to both (a)
public office and (a) pqvate employer, when the interests of those ~o may conflict, one is faced
w~th pcessures and clioices to which no public servant should be unnecessarily exposed."
Wilson at 823. In the scenario you have presented, Dennis is not, strictly speaking, caught
between the interests of her city and her employer. However, there may be instances where her
loyalty to GICHF or CCN would color her role in making recommendations to the Council. Just
as ~mportant, there may be instances in which it appears that her decision or recommendation
has been colored by her loyalties. Wilson teaches that such appearances must be avoided as
aSSiduously as actual conflicts.
For these reasons, I conclude that while no conflict of interest prohibited by Section 362.5 may
Marl~n~ Mll~
P~ge
exist, Dennis should abstain from participating in matters before CCN which relate to GICHF
application for funds or other benefits. Her abstention should be a matter of public record.
Please feel f~ee to call me if you have further questions about this matter.
Yours truly,
nne G. Bumel~
cc: Marsha Weg Bormann, Assistant Ctty Attorney
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:.
June 26, 1996
Steve Atkins, City Manager
Scott Kugler, Associate Planner
Update on Status of Proposed Longfellow Neighborhood Conservation
Districts
At the June 4 City Council meeting, City Council members asked for an update on the
status of proposed conservation district designation for portions of the Longfellow
Neighborhood. The Historic Preservation Commission is in the process of surveying the
Longfellow Neighborhood to obtain an accurate record of historic properties in the area,
and to determine which areas may be appropriate for designation as historic districts or
conservation districts. The consultant hired by the Commission to complete the study,
Molly Myers Naumann, should be submitting the final survey document and site inventory
forms to the City within the next few months.
The consultant has identified a number of areas that meet the criteria for designation as
either a historic district or a conservation district (see attached map). Three areas, roughly
along Burlington Street, Clark Street, and Governor Street, have been identified as
potential conservation districts. The designation of conservation districts requires further
study of the individual properties within the district to determine what features or
elements are important to those areas, and discussions with property owners to determine
the review standards that will be put in place if the district is designated. A conservation
district report detailing the above information is required as the first step in the designation
process. The conservation district process can be initiated by the Commission, or a
neighborhood group. Neither the Commission nor the neighborhood has initiated this
process to date, but the Commission expects to consider whether or not to initiate the
designation process on these districts in the coming months.
The potential historic district that has been identified will require further survey work
before the designation process can proceed. Due to limited funds, only a port~on of the
neighborhood has been surveyed. The consultant has recommended that additional survey
work be completed to the east of the original survey area to determine the eastern
boundary of the historic district prior to any attempt to designate it. The Commission has
applied for a grant to complete the survey of the neighborhood and to nominate the
identified district for listing on the National Register of Historic Places, and would likely
also nominate the district for designation as an Iowa City h,stonc distr,ct. However, the
Commission is limited by the availability of grant funding, and, even if the grant is
awarded, will not be able to proceed with the survey until late November or early
December of this year.
N
COLLEGE: ST
I-[-T----1-FT--'Fi-I-°FT--I'T'I [:]-q IIl)1111111i'~ I ~1 ~m
BURUNOTON ST
. COURT ST
80WE~
ST
II
HISTORIC DISTRICT WA~
III I~1~ I
mRKWOOD AVE
FLORENCE
IIII
I' __,~ HENRY
---: sc. ooL _:~
SHERID~ AVE
L!
--~E ST
General location of proposed
conservation districts
Business park
proposed for
Cedar Rapids
Passage of ordinance
may lead to 2,000 jobs
~y Douglas Neumann
,'e,,~,~,,~ :,,~..~h,~:~tF~~
ing (TH") fin' any busi.
the issue ,~ ~Sl,,'c'ted to ~
be schudnled tbr ,July
24.
Tom Allot. vice president of real estate
IES Investments. said he couldn't announce
ally developments.yet "but we wonld not have
undertook this priedare if we did not believe
we could prMuce a client this year."
His estimates of 2.000 jobs. a $~ millinn
investnicer and a ~3 million combm~ payroll
are hascd oil pl'c~llctio[is on what 11tlghl be
~evelopud.,
"It gives them (council
Tom Aller, vice
president of reaB
estate for IES
investments, said
he couldn't
announce any
developments
"but we would
not have
undertook this if
we did not believe
we could produce
a clieni this year."
members) an idea of
what's possible," All.
er said.
Last week. the
City Council re-
moved specific start.
dards in its TIF poll.
cy. The old policy
required a company
to invest $5 million
in a project and pay
wages averaging at
least $11 an hour to
quality for property
tax breaks through
TIF.
Now, the economic
incentives will be
considered on a case-
by.case basis.
"This was an im.
mediate response to
the council's change in policy." Aller said.
He guessed the business park could be full in
five to seven years, possibly sooner if any large
tenants lease land, tie foresees the area as a
combination of offices along Wilson Avenue
with light industrial, warehousing or service-
type developments possibly using the ac[lacent
railroad.
~ed.o~c aa.p;d~
Council on Disability Rights and Education
BOARD OF DIRECTORS
IVIEETING AGENDA
JULY 2, 1996 - 9:30 A.M.
CITY COUNCIL CHAMBERS
CIVIC CENTER - 410 E. WASHINGTON ST.
IOWA CITY, IA 52240
2.
3.
4.
5.
Selection of Directors to replace Doris Jean Sheriff and Linda Carter
Update on status of Chamber of Commerce representative
Annual Meeting - September
Other Business
Adjourn
CC:
Iowa City City Council
Johnson County Board of Supervisors
mgdassltbd 7.2.agd
CDRE MISSION STATEMENT.
The Council on Disability Rights and Education (CDRE) is a non-profit educational
organization dedicated to accessibility, full participation and inclusion of persons with
disabiiities.
Our mission is to act as a comprehensive, community-wide educational resource for
promoting disability awaleness, 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.
City of iowa City
MEMORANDUM
Date: Juno 14, 1996
To: City Council
From: Naomi Novick
Here is a draft of travel polices for Councilmembers. Steve Atkins, Marian Karr and I have
reviewed them and all of us would be happy to answer questions and hear comments. Most
changes are in relation to the administration of travel expenses, paperwork, etc. We will conform
to the systems now used for all City employees. This should allow our time and City staff time
to be used efficiently.
Council Travel Guidelines
Each Council Member dudng any fiscal year shall be entitled to attend two national
conferences (National League of Cities, specialized national conferences etc.) and one
state conference, specifically the Iowa League of Cities annual meeting.
Miscellaneous statewide conferences/regional workshops where there is rarely an
overnight stay will be considered as an addition to the three major travel opportunities.
These workshops and other generalized meetings usually occur within our state and are
very specific in nature, such as Mayor/Council Relations, Public Works and Environmen-
tal Issues, Public Safety and Municipalities, etc.
Exceptions to the above limitations should be addressed to the Mayor.
Travel administration is in accordance with the City procedures governing the travel of
all City employees.
CITY OF IOWA CITY TRAVEL POLICY SUMMARY
City Council
In-state and out-of-state travel will be processed through the City Clerk's Office.
Upon taking office, Council Members will be asked to complete an information form of airline and
hotel preferences, frequent flyer number, etc. This form will be kept on file at AAA Travel to aid
in making travel arrangements.
1. Travel Authorization Form must be completed prior to travel. Forms are available in the City
Clerk's Office.
2. Travel Prepayments
A. Airfare
Council Members should use ground transportation for travel to destinations that are within
250 miles one-way. When using an airplane, use coach class. Reservations should be
made directly through AAA Travel Agency (Dawn - 354-1662), AAA Travel Agency will
bill the City for airfare charges. The Travel Authorization Form should be submitted to the
Clerk's Office by the time reservations are made. You are responsible to cancel or change
reservations, if needed, and notify the City Clerk. Airport shuttle service or taxi expenses
will be reimbursed if receipts are submitted.
Airlines generally offer reduced airfare for extended travel. Presently, this reduced fare
requires that a traveler stay over a Saturday night. If this rate is available and the Council
Member wants to extend his/her travel and secure this reduced fare, the Council Member is
encouraged to extend their stay.
Registration should be paid for by the City via the Travel Authorization Form. The Council
Member should prepay any fees less than $25 and submit them for reimbursement on the
Travel Expense Form.
3. Travel Expenditures
A. Vehicle
Council Members should use a City vehicle whenever possible, regardless if the charge for
the vehicle is greater than the use of a private vehicle or a rental vehicle,
If a private vehicle is used, the Council Member will provide an explanation on the Travel
Expense Form. Reimbursement for use of a private vehicle will be at the current standard
mileage rate which is $0.25 a mile.
B. Lodging
Council Members will be reimbursed the actual cost of the single-room lodging when
receipts are submitted with the Travel Expense Form.
Motels and hotels may ask for a credit card number when making reservations. To
guarantee a room, the person should give the number from a personal credit card. If you
t~ave no credit card, find some other way to guarantee the room (i.e., issuing a personal
check or money order to the motel/hotel).
The actual lodging expense will be paid for by the Council Member. It is your responsibility
to procure an adequate advance to cover this expense.
C. Meals
Council Members will be allowed three {3) meals for each full day of out-of-state travel at a
rate of $35 per diem. In-state per diem is $25. The three {3) meal allotment will be
reduced while attending conventions which include pre-paid meals according to the
following schedule:
In-State I Out-of-State
Breakfast $ 5 $ 8
Lunch 7 10
Dinner 13
~25 $35
Receipts are not required if meal expenses are below the per diem rate. If meal expenses
exceed the per diem rate, receipts for should be attached to the Travel Expense Form.
Reimbursement for alcoholic beverages is prohibited.
D. Miscellaneous Fees
The following expenses are eligible for reimbursement provided that receipts or
documentation for such expenses are attached to the Travel Expense Form:
· Parking fees
· Telephone [for official business)
· Travelers Checks
Other miscellaneous expenses may also be reimbursed. [e.g. taxis, public transit, checking
coats or luggage, etc.)
Laundry and valet expenses are not reimbursable.
4. Travel Expense Form
The Travel Expense Form is to be completed by the Council Member and submitted to the City
Clerk's Office within five business days after returning.
6/96
mgr~word~travpol.doc
Johnson County
Don Settr, Chah'person
Joe Bolkcom
Charles D. Duffy
Stephen P. Lacina
Sally StuBman
BOARD OF SUPERVISORS
June24, 1996
Steve Attdns, City Manager
City of Iowa City
410 East Washington S~'eet
Iowa City, IA 52240
Dear Steve:
This is in reference to an article in the Iowa City Press Citizen. I was asked over the phone, if
I had seen a change in business promotion on the Iowa City Council. I said I had, and
remember one big change back in the 70's. From that I read that the Council hasn't been a
leader and I must look back to the 70"s for the last time Iowa City was a leader! Obviously,
that is not true, but I have given up calling the paper. Instead, I am dropping you a note to
offer support in working as a team to promote Iowa City and Johnson County. I will do what
I can to create jobs, promote economic growth, and help our communities develop.
Sincerely,
Stephen P. Lacina
Board, of Supervisors
John McDonald
Darrel Courthey
Bill Ambriseo
SL/kb
913 ~OUTH DUBUQU~ ~I',
P.O, IlOX 1:~0 IOWA CITY, IOWA ~22/4-13~0 TI/L:
FAX: (319)
Council on Disability Rights
and Education
MEETING MINUTES
BOARD OF DIRECTORS
MAY 7, 1996 - 9:30 A.M.
CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 E. WASHINGTON ST.
Present:
Linda Carter, Tim Clancy, John Harshfield, Dale Helling, Lon Moeller, Keith Ruff, Doris Jean
Sheriff
Absent: Mace Braverman, Kevin Burt, John McKinstry, Orville Townsend
The meeting came to order and its was agreed to defer the election of officers until later in the meeting in
hope that more members would arrive.
MEETING SCHEDULE
It was agreed that the Board of Directors would meet quarterly on the first Monday of the months of
January, April, July and October. Meetings will immediately precede the regular organization meetings
during those months and will be at 9:30 a.m. in the City Council Chambers.
Keith Ruff arrived.
OTHER BUSINESS
It was noted that the bylaws specify 13 members for the Board of Directors and we have only 11. It was
noted that Chris O'Hanlon has previously expressed interest in serving on the Board. It was moved and
seconded that O'Hanlon be elected to the Board. Motion passed unanimously. There was agreement that
it would be desirable to have the representative from the Chamber of Commerce on the Board as well.
Helling will contact the Chamber to determine if this is acceptable to them.
ELECTION OF OFFICERS
It was agreed that the officers elected now would serve only until the annual meeting in the fall at which
time elections for a full year would take place. Helling volunteered to serve as Secretary during that time
if the Board wished. There was a nomination of Orville Townsend for Chairperson. Those present agreed
that it would not be appropriate to elect someone as chairperson without their first determining that person's
willingness to serve. There was a nomination of Keith Ruff for Chairperson. Ruff indicated that he would
be willing to serve in that capacity. There was a nomination of Lon Moeller for Vice Chairperson and he
indicated that he would be willing to serve in that capacity. After some discussion, the nomination of Orville
Townsend for Chairperson was withdrawn and he was instead nominated for Vice Chairperson. It was
agreed to conduct the election of Vice Chairperson by written ballot, with the understanding that if
Townsend were elected and could not serve in that position, Moeller would be the Vice Chairperson, By
unanimous voice vote, Keith Ruff was elected Chairperson and Dale Helling elected Secretary. By written
ballot, Lon Moeller was elected Vice Chairperson.
The next Board of Directors meeting will be at 9:30 a.m. on July 2, 1996, in the City Council Chambers.
Meeting adjourned.
Council on Disability Rights and Education
5.
6.
7.
8.
NIEETING AGENDA
JULY 2, 1996 - 10:00 A.M.
CITY COUNCIL CHAMBERS
CIVIC CENTER - 410 E. WASHINGTON ST.
IOWA CITY, IA 52240
Introductions
Approval of Minutes
Subcommittees/Reports
a. Housing
b. Transportation
c. Public Accommodations
d. Public Relations
Report of Board of Directors
Other Reports
Other Business
Next Meeting Agenda - August 6, 1996
Adjourn
CC;
Iowa City City Council
Johnson County Board of Supervisors
CDRE MISSION STATEMENT
The Council on Disability Rights 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
c~mpliance with disability civil rights legislation.
Our goal is the attainment of community-wide accessibility and the full participation of
persons w~th disabilities to all facilities and services w~thin our community.
Council on Disability Rights and Education
MEETING MINUTES
JUNE 4, 1996 10:00 AM
CITY COUNCIL CHAMBERS, CIVIC CENTER
Present;
Keith Ruff, Nancy Ostrognai, Doris Jean Sheriff, John Harshfield, Crockett
Grabbe, Chris O'Hanlon, Kevin Burr, John McKinstry, Susan Mask, Ann Shires,
Monica Moen, Jeff McClure
Chairperson Keith Ruff called the meeting to order. He regrettably announced that Linda
Carter had passed away on the Friday preceding the meeting. He observed that Linda had
been very active in the CDRE and other groups advocating for persons with disabilities and
she will be missed by all.
Those present introduced themselves.
Minutes of the meeting of May 7, 1996 were approved, incorporating an amendment offered
by Sheriff.
Jeff McClure, a Civil Engineer with the City of Iowa City Engineering Division explained the
detour routes around the construction site at the intersection of Burlington and Gilbert Streets.
He further advised that the projects were somewhat behind schedule due to weather
conditions and an over abundance of underground utilities found to exist in the intersection.
Current plans are to have Burlington Street at least partially open by the end of June and
Gilbert Street open sometime during August. McClure will provide this information to Burr so
that it may be converted to braille and made available to anyone requesting it. He will also
explore having this information included on Cityline. Further, the information will be
strategically updated as appropriate.
COMMITTEE REPORTS:
Housing: Burr reported that representatives of the committee met with the representa-
tives of the apartment owners association and had agreed that a communication would
be included in that association's newsletter this summer. However, the newsletter has
now been delayed until fall. Burt indicated that the committee is looking for other
ideas and has considered the possibility of responding to apartment listings and
requesting a showing in order to determine accessibility. Another option would be to
contact rental Iocators for assistance in putting together the information regarding
what is available and accessible.
Transportation: Sheriff adwsed that she and Tim Clancy had observed the computer
scheduling system at SEATS. The observed not only the system but also a h~gh level
of commitment on the part of SEATS employees m terms of how they served and
related to their clients. Sheriff indicated that they urged the County to provide some
funds for additional software updates. They have conveyed their impressions to
SEATS Director, Larry Olson. Ruff observed that SEATS has always tried its best to
accommodate him in terms of being on time, honoring commitments, etc. Others
agreed that th~s had been their general experience.
Council on Disability Rights and Education
June 4, 1996
Page 2
Public Accommodations: Ruff advised that this committee had not met since the last
CDRE Meeting. They are still visiting restaurants and are on schedule for getting the
booklet out this summer. The committee will meet in a week.
Public Relations: Helling advised that the committee had not met but that several
people had been reviewing informational materials provided by Joe Fowler regarding
transit and paratransit services. Fowler is waiting to receive feedback before revising
these materials.
OTHER REPORTS
Mask indicated that she had attended a meeting of the National Association of ADA
Coordinators in Raleigh, North Carolina. The organization is looking to do something in the
Midwest. She questioned if Iowa City could be the sight and indicated that it would require
preparing a grant application. Mask will contact Helling to further explore this.
Burr observed that the City Parks Division had prepared raised garden beds in one of the parks
to be made available to individuals with disabilities. He suggested it would be appropriate to
make one of these beds a memorial to Linda Carter since she was a gardener and had
intended to utilize one of them. Burt will call the Director of Parks and Recreation to further
pursue this.
Sheriff indicated that she had reviewed information regarding the proposed Iowa City Public
Library expansion project and suggested that the City ensure that the new area have truly
accessible restrooms on the first floor. Burr will contact the Library Director to raise this
issue. Helling indicated that this matter had been discussed in conjunction with expansion
plans and that the Library staff was sensitive to this issue,
Sheriff passed out an article entitled "Disability in Reverse" observing that others might find
it interesting. She announced that she will be moving away from Iowa City and will no longer
be available to participate in the CDRE or serve on the Board of Directors.
The next meeting will be on Tuesday, July 2, 1996, at 10:00 a.m. It will be preceded by a
meeting of the Board of Directors at 9:30 a.m.
Meeting adjourned.
PATV BOARD OF DIRECTORS
THURSDAY APRIL 18, 1996
MEETING ROOM C, 10WA CITY PUBLIC LIBRARY
Present: Maurer, Hayward, Wurtzler, Painter, Randall, Murray, Grube
Absent: Easley, Stevens
Staff: Paine
BTC: McKray
blbrary: Absent
Meeting called to order at 7:08
Approval of March Mlnutea
Minutes approved as corrected after moved by Randall/Hayward.
Public Announcements:
McKray: McKray thought PSA's would be a good arena to encourage support.
She called In with signal problems as we were told to do at the last meeting. At first she
reported the situation worsened, but soon It was better. (Randall mentioned problems with a
number of stations on cable one evening.)
Board Announcements:
Naughty Pooll Pie received Icon's Best of Iowa City award In the Public Access TV category.
Congratulations!
Reports;
BTC: None, but the meeting was short and uneventful. McKray wondered if more items
shouldn't have been discussed even while the PATV contract Is being negotiated.
Library: absent
Chatr: Meeting with Paine and lawyer Jim Larew. He agreed to meet to review the contract
betore it Is signed. He had good Ideas for approaching the contract, our relationship with the
Public Library and rental agreements (ol/eting services for part or all of rent-he leit ICPL
could use our services).
Contract Negotiations: TCI was not included as a party to negotiations, and Maurer wanted to be
sure to include them In discussions with Dale Helling and Drew Shaffer.
Coralville will be Included as a party Io the negotiations. They want a camera for check-
out from the Coralville public library, and some services to set up training sessions. There is
also possible community programming need.
Community programming (hereafter CP) discussion has begun. Wurtzler, Paine, and
Maurer have been coordinating the presentation of PATV's outlook on the matter. They made a
proposal that additional resources could be used to hire a person tO oversee interns and
volunteers to provide CP. This is under discussion. Drew Shaffer and Dale Helling were the
orlly two city reps there. The discussion was good, but nothing was settled.
Pass-through monies were raised as an issue. Maurer's mention of the tunds was met
with reluctance to discuss. it was described as 'separate" and that PATV should outline CP
efforts and our resource needs in relation to that. These should be stated without any mention of
pass-through funds. Outline what we could do with current funding levels, what we would need
to do more and what we could do with more lundlng,
Faclllly Issues are not settled. The Library has not completed its own agreement. The
city did not support any facility option over another. Library proposals will be presented at the
City Council's informal session Monday. They plan to move Into the Lenoch and Cilek building,
using the first floor end basement for rental, while housing the Library on the 2nd floor and up,
with room to expand upward as required. The move will not begin until January 1998 if the
bond proposal makes it onto the ballot In November and passes.
Wurtzler raised concern over whether we 'know' we have a place with ICPL ill then, or
are In tenuous shape there. Randall and Wurtzler both emphasized that we need to clarify our
situation with Susan Craig. It seems we've heard two different things.
Paine mentioned that the ICPL Is expanding the availability of live feeds from Meeting
Room A. If PATV can help with such cable casts, it will add to our relationship with the ICPL.
CenterSpace i$ getting talked up a lot locally, and they still conelder a place for PATV in
their plans. Also, the Governr:~ant Channel may be anxious to move out of their space in the
clty's buildings. Still, all these potential developments to allow for PATV to have apace are in
the luture. For now, we have to be able to negotiate our contract with space a known Issue that
la accounted for In funding if we have no other recourse. Otherwise, Wurtzler noted, the
barg,alnlng Is not happening In good faith. Grubs suggested two proposals, one including PA'I-V
rent payments, the other not.
A lengthy discussion of our contract posture ensued. Main points were that pass-through
funds are tough to side-step when we have much potential need for Increased funding between CP
and possible rent issues. The last thing we will cut, If we are underfunded for rent or CP, Is
going to be the 'pure' form of public access. That much is clear. The board agreed they felt
comfortable with the representation provided by the Chair, Paine, and Wurtzler at meetings.
COMMITTEE REPORTS
FINANCIAL:
Budget -- see below.
OUTREACH:
Conference In July (ACM). Paine presented a list of pros and cons for sending all sta~/to the
July conference. Pros: 1) The only conference they altarid all year. 2) PATV requires heavy
reliance on teamwork. The conterence experiences creates deeper bonds and professional
understanding among staff. 3) Workshop attendance comes home and spreads through the local
access community. 4) Great networking with people from across the country.
Presentations would be made upon return by each staffer on what they got out of the
conference. Paine suggested using this presentation time to kick off the formation of a
producers' group. She suggested that If a local producer wins an award in The Hometown Video
contest, this producer attend the conference at PATV's expense. if no producer wins, she
suggested holding an essay contest on the topic of Why I'd Like to Attend ACM. (The conference
vote appears under Old Business.)
MANAGEMENT:
~) Paine distributed PATV program guide.
2) She had a great meeting with Dean Thornberry. The discussion was valuable and she w~11
meet with some other Councilors and Howls Vernon.
3) Advertising for tape wrangler is being placed In the Press-Citizen and Daily lowan. Position
begins 5/6, with Megan Rile leaving at the end of that week.
4) Invitation to all board members to attend the volunteer recognition celebration at Shelter
14, City Park, 4~22, from 4-6 p.m.
5) Staff-assisted series were selected. So There You Go,,,Hardware, a fix-it show.
Uvulatlon, an adult comedy skit series. A committee representing producers, staff and the
Board made these selections based on anonymous proposals. Should enough statt and intern time
become available Loftus Talks, a call-in talk show, will become a stall-assisted series.
6) Annual Report-board help needed. Wur~zler agreed to help again. Board members should
turn in something by 511, or end of 1st week In May. Just a brief blurb.
OLD BUSINESS
1) Six-month policy review. Discussion o! the policy on producing a new show every two
weel~s. It creates problems for many producers. Wurtzler reported 1 positive response to the
Statement o! Responsibility, which doesn't seem to cause much problem. Grebe and Hayward
will organize a special meeting to discuss 6-month policy revlew.
2) Budget: Discussion over distribution of Insurance payments. Paine m,~de one payment too
soon so the budget looked out of kilter. Payroll taxes also looked odd, but Paine whl ask
accountant Coohey for help In explaining withholding to the board. Wurtzler/Hayward moved
approval of budget, which board approved unanimously.
3) ACM Conference expense: Wurlzler could not support sending the whole staff. This led to a
lengthy debate. Painter felt it looked worse for board members to attend, but others fell this
lent more accountability to the s~aff trip. klcKray mentioned that as a local entity often under
siege, It may be more Important for us to send staff than some other entitles. The idea of
rotating half the staff every other year was mentioned for the future. The full-staff attendance
was approved by the board with 1 abstention (Wurtzler).
NEW BUSINESS: none
Move to Adjourn: Murray/Hayward. Meeting adjourned at 9:55 p.m.
John,on Coun~
BOARD OF SUPERVISORS
Don Schr, Chakperson
Joe Bolkeom
Charles D. Duffy
Stephen P. Lacina
Sally Stutsman
June 25, 1996
INFORMAL MEETING
1. Call to order 9:00 a.m.
Agenda
2. Review of the formal minutes of June 20th.
Business from Kathy Green, Special Education Supervisor for Grant
Wood Area Education Agency.
a) Discussion re: request for letter on Rural Aftercare Grant Application.
b) Other
4. Business from the Larry Olson, Director of S.E.A.T.S.
a) Discussion re: FY 97 Transit Purchase of Service Contract with East
Central Iowa Council of Governments.
b) Discussion re: FY 97 Transit Equipment Lease Agreement with East
Central Iowa Council of Governments.
c) Discussion re: FY 97 Agreement between Systems Unlimited, Inc. and
Johnson County SEATS for transportation services.
d) Discussion re: First Amendment to the FY97 Agreement between
Systems Unlimited, Inc. and Johnson County SEATS for transportation
services.
e) Other
913 SOB'FH DUBUQUE ST.
P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 35(y~000
FAX: (319} 356-6086
~o~ ION~ CIf¥ C~RK
Agenda 6-25~96
Page 2
Business from Jeff Davidson, Executive Director Johnson County
Council of Governments, and Larry Olson, Director of Johnson County
S.E.A.T.S.
a)
Discussion re: FY 97 Paratransit Agreement between Coralville and
Johnson County.
Discussion re: FY 97 Paratransit between University Heights and
Johnson County.
6. Sher Hawn, Wellness Manager re: update on Wellness activities
/discussion.
Business from Dr. Craig Mosher, Coordinator of Mental
Health/Developmental Disabilities Department,
a) Discussion re:
b) Discussion re:
c) Other.
agreement with Chatham Oaks, Inc.
Case Management staffing.
Business from James C. Rauch, Network Operations Manager, United
States Cellular re: placement of cellular communications tower/discussion.
9. Business from the County Auditor.
a) Discussion re: FY 97 Appropriations and Transfers.
b) Discussion re: establishing Fund 46.
c) Discussion re: establishing Fund 31 and transferring from Rural Basic
to Rural Capital Projects.
d) Other
6-24-96 8,46m p. ~ dt
Agenda 6-25-96 Page 3
10. Business from the Board of Supervisors.
a) Kim Benge, Deputy Administrative Assistant re: Government
Serv/ces Television Network (GSTN) video training program
/discussion.
b) Discussion re: appointments to the Nutrition Advisory Board.
Discussion re: resignation of Patricia Van Rollin,~ from the Johnson
County Heritage Agency on .aging Task Force.
d) Letter of congratulations to Emily Wynes, elected Governor, Iowa Girls
State 1996/discussion.
e) Reports
f) Other
11. Discussion from the public.
12. Recess.
Joh~on ¢o~ty
Don $¢hr, Chairperson
Joe Bolkcom
Charlos D. Duffy
Stcph~ P. Lacina
Sally Simsman
BOARD OF SUPERVISORS
Juue 27, 1996
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: formal minutes of June 20th.
4. Action re: payroll authorizations
5. Business from the Planning and Zoning AdmMistrator.
a) Final consideration to amend the legal description of Ordinance 08-24-
95-Z8 of Kevin Castle ¢9528). Parcel is described as being a portion
of Lot I of Robert Miller Subdivision located in SE 1/4 of the ~ 1/4
of Section 36-81N-SW of the 5th P.M. in Johnson County, Iowa.
b) Other
6. Business fi-om the County Auditor.
a) Action re: permits
b) Action re: reports
c) Other
913 SOUTH DUBUQUE ST P.O BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356~000
FAX: (319) 356-6086
Agenda 6~27-96
7. Business from the County Attorney.
Page 2
a) Report re: other items.
Business from the Board of Supervisors.
a) Action re: resolution for FY 97 Appropriations and Transfers.
b) Action re: resolution for establishing Fund 46.
c) Action re: resolution for establishing Fund 31 and transferring fi'om
Rural Basic to Rural Capital Projects.
d) Motion authorizing Chairperson to sign contract and contractors bond
for Asphalt Cement Concrete paving project FM-5202)--55-52.
ConU'act is with L.L. Pelling Company, Inc. of North Liberty for the
amount of $1,040,993.37.
e) Action m: FY 97 Transit Purchase of Service Contract with East Central
Iowa Council of Governments and authorize Chairperson to sign
contract.
f) Action re: FY 97 Transit Equipment Lease Agreement with East
Central Iowa Council of Governments and authorize Chairperson to
sign agreement.
g) Action m: FY 97 Agreement between Systems Unlimited, Inc. and
Johnson County S.E.A.T.S. for transportation services and authorize
Chahl~rson to sign agreement in the amount of $30,000.00.
h) Action re: First Amendment to the FY97 Agrccm~t bctween Systems
Unlimited, Inc. and Johnson County SEATS for transportation services
and authorize Chairperson to sign agreement in the amount of
$2,612.50.
i) Action re: resolution for FY 97 Paratransit Agreement between
Coralville and Johnson County and authorize Chairperson to sign
agreement m the amount of $94,626.00.
j) Discussion re: resolution for FY 97 Paratransit between Umversity
Heights and Johnson County and authorize Chairperson to sign
agreement in the amount of $6,273.00.
k) Action m: appointments to the Nutrition Advisory Board.
1) Motion to sent letter of congratulations to Emily Wynes, elected
Governor, Iowa Girls State 1996.
,To Iloga~ 6-26-~6 8,2§~ p. 4 of 4
Agenda 6-2%96
Page
m) Action re: letter for rural Aftercare Grant Application and authorize
Chairperson to sign.
n) Action re: agreement with Chatham Oaks, Inc. and authorize
Chairperson to sign agreement in the amount of $1,305,430.00.
o) Action re: Case Management staffing.
p) Action re: application for Diagnostic Evaluation Services at A State
Hospital - School for Client # 1460373J.
q) Motion to change job title of Coordinator of Mental
HcalttgDevelopmental Disabilities DepartMent to Director of Mental
Health/Developmental Disabilities D~artment.
r) Discussion/action re: fn~works permit.
s) Other
9. Adjourn to informal meeting.
a) Business from the County Engineen
1. Discussion re: bids received for Johnson County Asphalt Cement
Concrete paving project FM-52(42)--55-52 (140th SlxeeffSutliff
Road).
b) Inquiries and repom from the public.
c) Reports and. inquiries from the members of the Board of Supervisors.
d) Report from the County Attorney.
e) Other
10. Adjournment.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
June 28, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~
Update on Property Acquisition and Marketing or Disposal of Public Property; Assignments
ACQUISITION
Majority of Acquisition Done
Landfill Leachate Project
May need Slothower Easement?? [LNW and Dan Scott]
First Avenue and Muscatine [fed aid]
Scanlon Runner Easements
Melrose Avenue West [fed aid]*
Melrose Avenue Bridge [LNW and D. Gannon] [fed aid]
Still need final papers from railroad; University Heights settlement on City Council
agenda 7/2/96
Iowa Water Supply and Treatment Facility iLNW and C. Schmadeke]
Some title cleanup needed on Peninsula property [
Iowa River Power Dam acquired
Washington Park, S & G and Jim Glasgow settled
Still need water main distribution and trail system acquisition [EMD and CS]
Wetherby Park
Rohret Road
Burlington-Gilbert Street intersection
Highlander Lift Station
Wastewater Treatment Connection Project
Still need McNiel, NAPA and Crandic [EMD and C. Schmadeke]
Cleanup of vacation ordinance for Waterfront Ddve (Carlos O'Kelly's et. al) - [LNW
and C. Schmadeke]
Hy-Vee storm sewer
Active Property Acquisition
Soccer access road [LNW and DJM; Rick Fosse]
Library acquisition (subject to referendum) - EMD and LNW
1996 construction season Storm Sewer Projects [DJM and J. Keck]
Scott Boulevard Trunk Sewer [not assigned yet]
Shamrock/Peterson Storm Sewer [DJM and Jeff McClure]
Upcoming Acquisition Projects
Airport avigation and fee simple acquisition (as soon as master plan is approved
and funded by FAA) [LNW to take lead, with fi~ajor assistance from EMD; other
attorneys in office, as needed]
Foster Road Extended (??)
Elks Golf Club courses changes/water plant and peninsula site (???)
Iowa River Corridor Trail/Burlington to Sturgis [fed aid]
Willow Creek Trail [fed aid]
Melrose Avenue Paving from Byington to Hawkins [fed aid]
1st Avenue from Bradford to Muscatine
MARKETING/DISPOSAL
Marketing and disposal will be needed on the following properties:
Parcel 64-1a, the last urban renewal parcel
Sturgis Corner/public works site
Also attached please find a recap of property acquisitions accomplished by the City Attorney's
office for FY96.
Please call if you have questions.
-f
* "Fed aid" is Indicated because it requires longer lead time (2 appraisals required) and
more steps/documentation.
Attachments
cc: City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff
Public Works Director Charles Schmadeke
City Engineer Rick Fosse
Engineering Staff: Denny Gannon, Rob Winstead, Dan Scott and Jeff McClure; Kim
Johnson
4.
5.
6.
7.
8.
9.
10.
11.
PROPERTY ACQUISITION RECAP
FOR FY96 (JULY 3995-MAY 1996}
PROJECT NAME
{~URLINGTON/GILBERT
MELROSE AVENUE WEST
FIRST AVENUE IMPROVMTS
HIGHLANDER LIFT STATION
MELROSE AVENUE BRIDGE REPLCMT
WASTE-~VATER CONNECTION
FAIRVIEW/HIGH SEWER
HY-VEE STORM SEWER
SCANLON RUNNER
ROHRET ROAD
LANDFILL LEACHATE
T/C/E P/SIE R-O-W
6 2
9 5 3
12 4
3 3
11 I 4
7 5 2
16 12
6
33 8 8
2 2
CONDE~/iNATION APPEAL
4 1
2
TOTALS ~ 04 46 25
6 2
',9'96 'roa, : :'::
': c0n,.' ;tru'ch0n
guide
· Majer'roa~ .' .-
· -c0nstruCti0n .*
I~,'i~,r~,~c in the
· -.IOwa City/COralville'.',*: .: ... '_. '. '
- ' ' spr'ng:
area{~lS. I : · -: .....:
Where When. ' Why ......... '~'~s~eet,)
Melrose Bd~e ~ ~i ......... '." Bridge improvemeets; paving ;
D O OU[ JUly ~; WO~ ILK61 - · . ,
Melrose Avenue, ~ ...... . ........... Y from the bndge to Hawkins
bddae to Hawkins Drive j ~u ~t~,~ ~. ,a(e ~u~u~ Streets closed for ~out six weeks.
~ George/O~crest sto~ sewer B~ing this summer, Storm sewer ~nstmcUon; $70,0~
MelroseA~nue, '. .. : -
West HIgT~ to Highway 218
Rrst Avenue,
Muscatine Avenue to D Street
Syca~or~ st~ south
to soccer ge~ds
Abbey Lane
South'Gilbert storm sewer
Madison Street.
Washington Street to Iowa Ave.
Washzngton Street to Burlington
Park Road -
intersection closed for four weeks.
construction beginning
mid-to-late summer
construCU'on'eady June ~
to mid-November .
Bidding June 4; starting
mid-July, ending mid-Nov.
StarUng~mid-summer
Mid-summer
Csud Street,
Fain/iew Avenue area
12lb Avenu'~, ~.,~ 'ralville:
5th S~'e6t to .H~ghway 6
8th Street intersection
Highway 6, Coralville:
!s! Avenue to C!ear Creek
Paving Improve. rnents
W~deeing of First Avenue ~00.000
_'~;~ c.% cl ~w.a c,w ~"~nee,~ng Dep(. C.,~ el C.c~ e FJ~gne<~nng O~ct
Sanitary sewer constn~ction; $880,000
traffic lanes will be narrowed but
maintained for about 3 weeks
Bidding mid-summer, ' Sewer cormruction; sli(3ht re- --~:-'~'$100,000~?~.'~
construction late eummer duction In tra[fic a~ong ~evens Drive
progress
[;rlosed afterward, project ~Water main construct,on
to be done by June J and paving $120,000
Bidding mid:summer, Storm sewer construction; street $60,000
.construclJon rate summer nanow,3,!or 3 weeks, tra~c mslnlained '
B~dd~ng mid-summer, Sanitary Sewer; traffic $12,400
construction Fate summer affected lot two weeks
Resu'.mee in spring":..~.: ' ' ,~:~xter~"~ o! 12[h Ave. to .....
ReconstrucUor~ In spnng Intersection re(fohstroc~on ~.: ,$~1,1
Sanita~, partial storm Construction resumes in spdng Total Hwy. 6/
sewer completion 22rid Ave.
~mprovements:
$1.352,900
MONDAY, April 8, 1996 i
Roads
from 1A
[] Highway 6 and 22nd Ave-
nue improvements.
lB Burlington and Gilbert
~treets intersection reconstruction.
ad.ding left-turn lanes.
lB Melrose Avenue paving
improvements. including bridge
and West High School inter-
section.
lB Construction of Oakdale
Boulevard, from Oakdale Re-'
search Park to 12th.Avenue.
In explaining the sudden in-
creases,. officials don't have to
look far.
The number of Iowa City:
households is projected to rise 1'.6
percent between 1995 and the
year 2000. according to recent
Clarkas, Inc., figures.
City population estimates stan'd
at more than 62,400, up from
59,735 in 1990 -- a change that
will warrant a special census, to
be conducted in August.
Meanwhile, Coralville is ex-.~
peered to see an 18.3 percent
increase in household numbers by
the year 2000. There, population
has risen from IO,347 at the
dgcade's start, to a recent es-
timate of more than 12,000 peo-
ple
The future Coral Ridge Mall,
scheduled to open in ~,the'fall of
1997 at the intersection of Inter-
state 80 and Highway 965, will
regan continued road const,.~action
~ff Coralville. For Iowa¥ City,'
rising traffic counts have meant .
n~eded repairs and upgrades.
· This may be the busiest year
for Iowa C~ty. Fosse said, but
Iowa Citians can expect two or 2
three yearly projects from here ori .'.
OU[. '
"There is no s.h. ortage of roads'3
projects out there.' Fosse said.
But for drivers, all the
acdvRy means detour routes
raffle jams
Shun Lee Fong, who will be
sp.endmg his first sumruer in Iowa
Ctty. ~:, anticipating delays. The
fir'st-year University of Iowa law '
student moved here from Omaha,
Nab.
Iowa Qty Press-Citizen
F ture road work projects
Iowa City -- set for 1997:
· Melrose Avenue re-
construction. adding left-turn
lanes -- Hawkins Drive to
Byington Road.
~ First Avenue. adding
left-turn lanes - Bradford
Drive to Muscat!ne Aven~e.
· Waterfront Drive. im-
proving from rural road to
urban slreet: adding curbs,
gutters. sidewalks -- nort.h of
Stevens Drive.
Ill ACT and H~ghway 1 in-
tarsaction improvements
[] Southgate Avenue ex-
tension Icom Waterfront Drive
to Gilbed Street
[] Brookside Drive bridge
reconstruction.
[] Melrose Resurfacmg --
Highway 218 to crty limits.
[] Summit Street bridge
reconstruction.
Iowa City -- long term:
[] WooIf Avenue repaving
Newton Road to end.
[] Rwer Street repaving.
[] East-West artenal con-
struction- north side, Phase
I; hnking Sco~ Boulevard to
ACT property.
[] East-West Parkway
construcbon - Sycamore
Street to detention basin.
[] Scott Boulevard exten-
s~on from Rochester Avenue
to East. West arterial.
[] Dodge Street im-
provements -- repaving and
w~dening from Governor
Street to Dubuque Road.
improvements to Prairie Du
Chien and Dodge Street in-
tersection.
[] Foster Road -- west o~,,
Dubuque Street: improve '
end section from rural road
to urban street.
[] Watedront D~we --
north Of Southgate Avenue;
improve from rural mad to
urban street. connecting tO a
new Hy. Vee store expected
on Hollywood Boulevard.
[] Sycamore Street --
Burns Avenue to city limits;.
~mproving from rural road t?
urban street. ~..
Coralville:
[] Highways 6 and 965
intersection reconstruction 'to
a T-intersection with prep&
rahons for a H~ghway 965
extension.
B Rrst Avenue improve.
menIs -- councd to begin
d~scuss, ons. no plan set.
[] Oakdale Boulevard --
Aubrecht property construc-
tion.
[] Highway 965 extension.
"It's going to be difficult," he
said, considering he lives off of
Melrose'Avenue -- slated for two
projedts this summer. "1 know it
needs to be done. Some of the
roads are so narrow."
Jeff Davidson, transportation
planner for the Johnson County
Council of Governments, agrees.
Want a headache? Wait until
July and August, Dayidson said
-- drivers certainly won't ~istake
this for .a slow construction year...
But it's necessary, he said, as'
more traffic equals a need for
more road upkeep ... and 'more
roads.
"It's always a hassle for too- Fong said he tries to walk whe,q
torists." Davidson said."There he can. but admits: "There's just
are a Jot of road projects going on some trines you want to drive."
because we're growing. Th~s year, he said, it looks like
"h hasn't all started yet." he'll have to fight the urge.
WE COUNT
i' Iowa :City 1996 SpLecfal.-U.S. Censos .-
Date: June 27, 1996
To: Special Census Committee
From: Marian K. Karr, Co-Chair
Re: Activity Update
I have been in contact with the U.S Census Bureau officials to schedule census-worker applicant
test dates and to determine how firm the guidelines are requiring Iowa City to obtain 300
applicants. The census testing dates are July 22, July 23, July 30, July 31, and August 1.
John Kelco, U.S. Census Bureau special census regional coordinator, stated there is some
flexibility on the requirement to obtain 300 census-worker applicants. As of today, Iowa City has
received 184 applicants so strong census-worker recruitment efforts continue.
Here are upcoming activities that will require your assistance in sitting at information tables and
distributing census information and/or census-worker applications. Please look over the attached
sheet, check-off when you can help, and mail or drop off at my office by July 8.
Census VoJunteer Dates:
July 8 - 10 AM to 2 PM Iowa City Public Library
Distribute census brochures and census worker applications.
July 9 · 10 AM to 2 PM Senior Center Table
Distribute census brochures and census worker applications.
July 10 - 5:30 PM to 9 PM Iowa City Public Library
Distribute census brochures and census worker applications.
July 19 - 1 1 AM to 2 PM Senior Center Table
July 22-25 - Johnson County Fair 10 AM to 9 PM
Distribute census brochures, distribute and receive back census worker applications,
schedule interview times with applicants.
In recognition of the time commitments, the July 9th Special Census Committee meeting has bean
canceled. We will continue to provide updates. Our next meeting will be August 13 at 9 AM. Call
if you need additional information or supplies.
cc: City Council
C/o City Clerk's Office, 410 East Washington Street · Iowa City, IA 52240
1996 SPECIAL CENSUS COMMITTEE SIGN-UP
Name:
[] July 8 Monday Iowa City Public Library 10 AM - 2 PM
[] July 9 Tuesday Senior Center Table 10 AM - 2 PM
[] July 10 Wednesday Iowa City Public Library 5:30 PM- 9 PM
[] July 19 FHday Senior Center Table I I AM - 2 PM
Johnson County Fair
[] July 22 Monday 10 AM - 2 PM
[] July 22 Monday 2 PM - 5 PM
[] July 22 Monday 5 PM - 9 PM
[] July 23 Tuesday 10 AM - 2 PM
[] July 23 Tuesday 2 PM - 5 PM
[] July 23 Tuesday 5 PM - 9 PM
[] July 24 Wednesday 10 AM - 2 PM
[] July 24 Wednesday 2 PM - 5 PM
[] July 24 Wednesday 5 PM - 9 PM
[] July 25 Thursday 10 AM - 2 PM
[] July 25 Thursday 2 PM - 5 PM
[] July 25 Thursday 5 PM - 9 PM
PLEASE RETURN TO MY OFFICE BY JULY 8
Jobmort Courtly
Don Schr, Chdrpcrson
Joe Bolkcom
Charles D. Duffy
Stephen P. Laeina
Sally Statsman
BOARD OF SUPERVISORS
July 2, 1996
FORMAL MEETING
Agenda
1. Call to ~rder following the informal meeting.
2. Action re: claims
3. Action re: formal minutes ofJtme 27th.
4. Action re: payroll authorizations
5. Business from the Planming and Zoning Administrator.
a) Action re: waiver of fees for Department of Natural Resources Zoning
Application.
b) Action re: correcting resolution 03-09-95-Z12. Resolution 03-09-95-
Z12 should refer to the resubdivision of Lots 26 and 27 rather than Lots
20 and 27 of Indian Hills. (Original resolution was for a boundary line
adjustment.)
c) Other
6. Business from the Count?/Auditor.
a) Action re: permits
b) Action re: reports
c) Other
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 522~-1350 TEL' (319)35(~6000
FAX:(319)356-6086
Agenda 7-2-96
Page 2
7. Business from the County Attorney.
a) Report/discussion/action re: Ambulance
Management Committee Membership.
b) Report re: other items.
Department Labor-
8. Business f~om the Board of Supervisors.
9. Adjourn to informal meeting,
a) Action re: Extension of Lease Agreement between Chatham Oaks, Inc.
and Johnson County. This lease is for rent of certain buildings and
land to Chatham Oaks, Inc.
b) Action re: letter of support for Drug and Violence Prevention Grant
proposal from Mid-Eastern Council on Chemical Abuse and authorize
Chairperson to sign.
c) Action re: alignment of Highway 965.
d) Action re: grant for waste tim collection.
e) Motion setting public hearing on road vacation 1-96. This hearing is
for the purpose of vacating all of Johnson County's interest in a portion
of Davcy Street that exists between Lots 1, 2, 3, 4, 5, 6, and 7 of Block
13 and Lots 8, 9, 10, 22, 12, 13, and 14 of Block 12 in the plat of the
town of Morse. (9:00 a.m. on July 18, 1996)
f) Motion setting public hearing on road vacation 2-96. This hearing is
for the purpose of vacating all of Johnson County's interest in a portion
of Payne Road in Section 27-81-6. (9:10 a.m. on July 18, 1996)
g) Motion to declare 12 left handed school desks at the Ambulance
Department as surplus property, no longer needed for county business
and authorize the Ambulance Director to dispose of them in the most
efficient manner. ,.o
h) Other ~.,:. ,--
a) Inquiries and reports from the public. o_~:- ,.o
b) Reports and inquiries ~om the members of the Board of 8upef~sors..~
c) Report from the County Attorney.
d) Other
10. Adjournment
7-01-9~ 9:HAD p. :~ of 3
Johnson County
Don S¢~, Chairperson
Joe Bolk¢om
Charles D. Duffy
Stephen P. Laeina
Sally Statsman
BOARD OF SUPERVISORS
July 2, 1996
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review of the formal minutes of June 27th.
3. Business from the Planning and Zoning Administrator.
a) Discussion re: waiver of fees for Department of Natural Resources
Zoning Application.
b) Discussion re: correcting resolution 03-09-95-Z12. Resolution 03-09-
95-Z12 should refer to the resubdivision of Lots 26 and 27 rather than
Lots 20 and 27 of Indian ttills. (Original resolution was for a boundary
line adjustment.)
c) Other
Business from Deb Hamroes, Prevention Supervisor for Mid-Eastern
Council on Chemical Abuse re: letter of support for Drag and Violence
Prevention Grant proposal from Mid-Eastern Council on Chemical
Abuse/discussion.
5. Business from Jeff Davidson, Executive Director for Johnson County
Council of Governments re: alignment of Highway 965/discussion.
6. Business from Brad Neumann, Solid Waste Planner for Johnson County
Council of Governments re: grant for waste tire collection/discussion.
913 SOUTIt DUBUQUE ST P.O BOX 1350 IOWA CITY, IOWA 52244-1350 TEL (319) 356-6000 FAX: (319) 356-6086
¥o, I{~ CIYY CLERR
Agenda %2°96
Page 2
Business from Dr. Craig Mosher, Director
Health/Developmental Disabilities Deparlment.
of Mental
a) Discussion re: Extension of Lease Agreement between Chatham Oaks,
Inc. and Johnson County. Tlfis lease is for rent of certain buildings and
land to Chatham Oaks, Inc.
b) Other
8. Business from the Director of S.E.A.T.S.
a) Discussion re: computerized dispatch system.
b) Other
9. Business from the Board of Supervisors.
a)
b) Reports
c) Other
10. Discussion from the public.
Discussion re: memo from Mike Sullivan, Director for~bt~mce.o~
Department regarding disposal of property.,~ _-:. r- ~
11. Recess.
FORMAL MEETING TO FOLLOW
MEMORANDUM
: Steve Atkins, City Manager
FROM: R.J. Winkelhake, Chief of Police ~.~
RE: MEETING WITH D.T.A.
DATE:
June 28, 1996
After the meeting with the D.T.A. on June 20, 1996, the Police
Department has undertaken a number of activities aimed at providing the
asked for assistance by the D.T.A
One request was for a stronger enforcement effort regarding bicycles and
skateboards in the immediate downtime area. At the end of today, June
27, 1996, the department will have issued over 100 tickets for violations.
I must add that t number of individuals receiving the tickets have voiced
concerns about lack of signage.
Officers have contact with a number of downtown business people to
ensure that their concerns are heard by the officers responsible for
enforcement. The officers report that the vast majority of the contacts
have been positive in nature.
The watch commander for the day watch has begun a daily walking tour
of the downtown area at various times of the day, as well as making
contact with businesses to hear concerns first hand.
A review of the various sections of the city code was done by Lt. Fort for
the purpose of providing the same information to all officers regarding the
downtown. The results of Lt. Fort's review is being discussed at the roll
calls of the other watches. The D.T.A. was concerned that some officers
were not aware of the city codes which pertain to the downtown plaza
area and requested that the department make an effort to provide
necessary information to all officers.
The department is also attempting to have some of our bike officers meet
with the D.T.A. to hear the concerns first hand and discuss possible
solutions or strategies to help with the problems. At this time a date has
not been set.
June 28, 1996
TO:
FROM:
RE:
CITY OF I0 WA CITY
PARKS & RECREATION
DEPARTMENT
Sheila King and Kelly Soukup
Terry Trueblood,
Parks & Recreation Director
Fireworks in city Park
In response to your requests to conduct a small fireworks display
in lower City Park on September 29 (Sesquicentennial) and October
4 (University of Iowa Homecoming), we are willing to permit use of
the park for these activities. Such permission is contingent upon
your obtaining all the necessary permits, licenses, etc. through
the Iowa City Fire Department, and working with the Iowa City
Police Department relative to traffic control and other safety
issues about which they may be concerned.
Your request to completely close the park for these events cannot
be approved. Closing the park roadway during the actual display is
workable, but to close the entire park for the evening we feel
should not be done. In checking last year's request for the
homecoming fireworks show, I found there was no mention of the park
being closed.
Enclosed you will find a copy of our "Application for Park Use."
Please complete one for the Sesquicentennial show, and one for the
Homecoming show and return them in a timely fashion.
If you have any questions,
Encl.
R.J.
please feel free to contact me.
Roger Jensen, Fire Marshall
Winkelhake, Police Chief
SO UTE OILBERT STREET
CITY IOWA 52240-1632
PHONE (319)356.$100
FAX (319)356-5487
State Historical Sodety of Iowa
The Historical Division of the Department of Cultural Affairs
June 4, 1996
Andy Rocca
Iowa City Fire Chief
Civic Center
Iowa City IA 52240
Dear Mr. Rocca:
I want to thank you and commend your staff of fire fighters for service above
and beyond the call of duty in response to our building emergency on May 23.
The first of our staff people to enter the building that morning discovered a
flooded building with water pouring through the ceiling. She called 911
immediately and got a prompt response from the Fire Department. We expect
that kind of prompt response but probably take it too much for granted.
What we did not expect was the willingness of the fire fighters to stay much of
the morning to pump water out of the building when our contractor was slow
to respond and inefficient when he did arrive. Recognizing that so much water
in the building could cause structural damage, the fire fighters acted efficiently.
Battalion commander Steve kept me and my staff informed of progress. He was
firm in enforcing safety precautions but flexible enough to help us figure out
ways to do what our staff needed to do without compromising our safety.
Finally, the fire fighters left tarps here to protect invaluable materials from
further water damage, and reloaned them later when they were needed for a
short time.
The crew on duty that morning earned our appreciation and deserves your
commendation.
Sincerely,
Marvin Bergman
Acting Bureau Chief
Iowa City Office
402 Iowa Avenue [] 600 E. Locust El Montauk
Iowa Cit.yl Iowa 52240-1806 Des Moines, Iowa 50319-0290 Box 372
(319) 335 3916 (515) 281-6412 Clermont, Iowa 52135-0372
(319) 423-7173
W~DN~ESDA¥~ $UL¥ gOTH
PARK ~.QUATIC C~NT~R
6:30 P.M.
.~.: NO REGISTRATION
SIGN UP AT THE DOOR
OPI~N TO ALL KIDS WflO HAVE
COMPLETED K-6Tff GRADE
COMP~;T~ IN S]::VERAL GAAtt~S
AND CONTI~STS
WIN PRIZI~S!!.~
eCHILDRt~N NOT ABLE TO SWIM 25 YARDS IN GOOD FORAt, WITHOUT STOPPING
AIUST B~: ACCOA~PANIED I~Y A PARTICIPATING ADULT IN A SWIAtSUII:
I0 A~h
356-5100
FRI~E FAAllLY PICNIC FOLLOWING
(SPONSORED gY TH!~ IOWA
CITY OPTIMIST CLUB)
June 28, 1996
CITY OF I0 WA CITY
Donald Swanson, Mayor
City of University Heights
138 Koser Avenue
Iowa City, IA 52246
Dear Mayor Swanson;
The City's Finance Director, Don Yucuis, has advised me of a letter he sent to you in April of
1996 proposing a new transit contract for the fiscal year FY97 (copy attached). Don proposed
a fee of $27,600, which is a 2% increase over the FY96 contract of $27,000. The 28E
Agreement formula for calculating the cost to University Heights is population based. Don has
also advised me that FY93 was the last time this calculation was used. In FY94 a negotiated
amount of $27,060 was agreed to between the two cities and the same amount has been billed
for FY95 and FY96. That 28E Agreement for transit service states "it is agreed that the
residents of University Heights will obtain the same level of service as residents of Iowa City
who are served by the same routes." Using a population percentage of 1.71% the FY97
budgeted monies for transit of $1,877,171 equates to a $33,816 fee to be billed to the City of
University Heights. While Don has chosen to negotiate the agreement and a lesser fee, it
would appear that the proper amount due to the City is the $33,816 in accordance with the
terms of the existing agreement.
He has advised me that you would intend to pursue a change in this agreement, which could
possibly affect that fee. Don also explained to me that you wish to see it based upon driership.
I have spoken with Jeff Davidson of the Council of Govemments and he has indicated that a
ridership survey would take some time, approximately six months or so.
If you wish to see any changes in this existing agreement, I do not have the authority to
unilaterally change the agreement and, therefore, would request that you initiate contact directly
with the Iowa City City Council. It appears that the Finance Director has, through his initiative,
provided for financing and the City's services for transit which have been underfunded by the
City of University Heights to this point. While we are not asking for any type of rebate, I believe
we must adhere to the agreement. Only through formal direction of the Iowa City City Council
and the City of University Heights can that agreement be amended.
410 EAST WASHINOTOH STREET e IOWA CITY. IOWA ~1240-18~6 · IJlg) 356-2000 · FAX (319) 356-~009
Donald Swanson
June 28, 1996
Page 2
I would propose that effective July 1 (current agreement expires June 30, 1996) you pay a
portion of the amount, that is of the $33,816, on a monthly basis ($2,818) until this matter can
be concluded. If you have any additional thoughts please contact me. I have copied the Iowa
City City Council on this letter so they are aware of your interest.
Sincerely,
Steph J. Atk~
City Manager
CC;
City Council
Jeff Davidson
Don Yucuis
Dennis Mitchell, Assistant City Attorney
627
Apnl 17, 1996
CITY OF I0 WA CITY
Donald Swanson, Mayor
City of University Heights
~ Koser Avenue
Iowa City, IA 52246
Re:
FY97 contract between the City of University Heights and the City of Iowa City for transit
service
Dear Mayor Swanson:
The City of Iowa City would like to propose a $27,600 transit contract for service to University
Heights in Fiscal Year 1997. This is a 2% increase over your curreht contract amount. Your
monthly billing amount would be $2300.
If this is acceptable, please let me know at your eadiest convenience and 1 will have JCCOG
draft the necessary contract documents. If you have any questions about the Iowa City Transit
budget feel free to contact me at 356-5052. If you have any questions about the operation of
Iowa City Transit, feel free to contact our Parking & Transit Director Joe Fowler (356-5156) or
Transit Manager Ron Logsden (356-5154). Thank you for your consideration of this matter.
Sincerely,
Don Yucuis/ '
Director of Finance
Jeff Davidson, JCCOG
Joe Fowler, Parking and Transit Director
Ron Logsden, Transit Manager
City of Iowa City
MEMORANDUM
To: Rick Fosse ~
From: Jeff McClure
Date: July 2, 1996
Re: Burlington Street/Gilbert Street Intersection Improvement Project Update
As expected, this has been a challenging project. Difficulties to date include major utility
conflicts, heavy rains, hardy brick delivery, and expanded water main reconstruction.
However, the recent dry weather has allowed the contractor to work steadily and
potentially complete the project in the allotted 66 working day period. Assuming no
further delays, Burlington Street will be open to two (2) lanes of traffic the week of July
15, 1996. The brick crosswalks will be in place and work along the outside lanes will
cominue. Gilbert Street will remain closed until the completion of the project, which is
expected to be m/d-August. Thanks to the City Inspector and Surveyor, th/s project has
been moving at a strong pace and the public, as well as the engineer, will be pleased with
the end product.
c:~aso ~c~Xwinwor ~projccts~hwF I _gihupd atc._4-doc