HomeMy WebLinkAbout1996-12-17 Info PacketINFORMATION PACKET
December 6, 1996
December 9 WORK SESSION AGENDA ITEMS
IP1
Memorandum from Planning & Community Development Director and Library Director:/~ iq
Library Options Evaluation
IP2
IP3
IP4
IP5
IP8
MISCELLANEOUS ITEMS
Memorandum from City Manager: Residential Roll-Back
Memorandum from City Manager: Deer Count
Memorandum from City Manager: Consolidation of Graphics Technicians
Memorandum from City Manager: PaintJDispoaal and Clean-Up
Memorandum from City Manager: Martin Luther King Day - New Ideas
I
IP7
IP8
Memorandum from Economic Development Coordinator: Deliveries to the Proposed
Bell in Old Capitol Mall
Memorandum from Airport Manager to City Manager: Airport Master Plan Projects
IP9
Memorandum from Public Works Director to City Manager: Sanitary Sewer Easement
Elks Club
IP10
Memorandum from Community Development Coordinator to City Manager: 1997 CDBG and
HOME Allocations ~ c~O._,
IPll
IP12
IP13
IP14
iP15
Letter from City Manager to Daryl Woodson: Response to Request for 4th of J___~
Fireworks Display In City Park
Letter from City Attorney to James Houghton: Nancy Skay's Concerns; Yeggy Prop~rt~ r7
at 828 and 834 St. Anne's Drive 0
American Heart Association: A Resolution Supporting the Reversal of State Preemption ~.
of Local Tobacco-Related Ordinances (Novick) L~ ~ _(~.~_
November 1996 Building Permit Information Z/c'} 0 (~
Minutes: Neighborhood Council of Iowa City Meetings q ~ (/'~
IP16
IP17
IP18
IP19
Agenda: December 16, 1996, Iowa Clty/Coralville Animal Control Advisory Board Work
Seasion
Agenda: December $, 1996, Johnson County Board of Supervisors Formal Meeting ~-~
Article: Malone's Turnaround Plan - TCI Creates Three Divisions, Sees DBS as Most
Immediate Threat (Helling) /-/C~I
Invitation: Tom Carson VISN 14 Director ~(~
Memo from City Arty. regarding clarification on meeting with Shaw Family.
Information Packet
December 6, 1996
page 2
Information regarding SEATS, distributed by Burnell Chad~k of SEATS.
Agenda for the 12/10/96 Informal meeting of the Board of SUpervisors.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 5, 1996
City Manager and City Council
Library Board
Karin Franklin, Director, PC~
Susan Craig, Diractor, Iowa C~ 15ul bile Library/~.4~ (-2~
Options Evaluation
We have evaluated the physical practicality of the construction of Option 1--a stand-alone library
on the Civic Center parking lot; Option 2--a stand-alone library on the "bus depot" site; and
Option 3~a library combined with other uses on Pamel 64-1a next to the Holiday Inn. All of the
options include approximately 80,000 square feet for a library and are physically possible to build.
The footprints and heights of the buildings may be amended as the concept for a preferred option
is refined. The illustrations demonstrate that a building can be placed on the site. Factors
associated with each option are outlined below. The operational impacts of a multiple story library
building have not been evaluated. It is hoped that the Council and Board will be able to decide
on a preferred option so that the staff may proceed with refining a concept for consideration of
a bond issue referendum.
Option 1--Stand-Alone Library on Civic Center Parking Lot
There are two concepts with this option--a four-story building and a three-story building. Both
concepts displace parking. There are 93 public spaces provided on this site and 30 spaces for
City vehicles including police and fire department vehicles. The three-story building eliminates
81 spaces including 13 police and fire vehicle spaces and the four-story concept eliminates 68
public spaces. This parking could be replaced within a parking structure incorporated in the
library building. This would add to the cost of the project (at a minimum between $816,000 and
$972,000 to replace only the lost spaces). The bulk of the building would also increase unless
parking was subterranean.
From our experience with the North Court addition to the Civic Center, we know there are
subsurface constraints to construction on this property. The soils are such that a four-story
building cannot be built without special footings, which add some cost. Groundwater may also
be a factor, making a basement or subterranean parking difficult. The entire site is within the 100
year flood plain; construction would require elevation one foot above the 100 year flood plain or
flood-proofing of the building.
This option is the site farthest from the downtown core.
Option 2--Stand-Alone Library on "Bus Depot" Site
This option also includes two concepts. One concept displaces the Mid-American Energy
substation, Wilson's Sporting Goods and the bus depot. The other concept displaces Wilson's
store and the bus depot. Neither concept displaces Chauncey Swan Park, Both concepts involve
the added cost for acquisition of the Wilson's Sporting Goods property.
Options Evaluation
December 5, 1996
Page 2
Construction of a building on this site will also have some greater expense than construction on
a relatively flat site, There is a grade difference of approximately 15 feet between College Street
and Chauncey Swan Park. There is a lesser grade differential between Gilbert Street and the
parking ramp. The subgrade wall at the south end of the building (College Street) will require
construction such that the wall can function as a retaining wall. This will add some expense to
construction.
The concept which includes the Mid-American Energy substation site will necessitate the
expenditure of approximately $1,000,000 to relocate the substation.
A portion of the "bus depot" site, approximately the northeast third of the building, is in the 100
year flood plain of Ralston Creek. Accommodations would need to be made to elevate or flood-
proof the building.
Option 3--A Multi-Use Facility on Parcel 64-1a
Illustrated is a 200,000 square foot building with varied stories, ranging from four stories to nine
stories. This is merely an example of what can be done on this site. There is sufficient square
footage to include the library, conference space, performance space, and other uses. More
square footage may be obtained by adding stories and lessening the variability of the rool lines.
Development of Parcel 64-1a will displace the 90 parking spaces on the site. This displacement
has been anticipated in the City's long-range parking facilities plans. Parking could be a
component of a multi-use facility on the site.
This option is the most complex in its development since different uses and different players are
involved. However, this option also addresses more than one identified community need. Of all
the sites, this option is most centrally located in the downtown core.
Use of Existing Library Building
At the joint meeting, there was some discussion of potential uses of the existing building should
a new library be constructed. The specifics of the uses may vary depending upon the option
chosen. We had an evaluation done of the physical constraints to modification of the existing
library for uses other than a library. A report from Dan West of CPMI, Inc., a construction
management firm used by the library, is attached.
Decision on a Preferred Option
Other options which have not been eliminated from the Council and Board discussion are the
expansion options--an expansion west to the Lenoch & Cilek building and an expansion south
to Pamel 64-1a. We have done no further evaluation of these options since the October 30 joint
meeting.
As the Council and Board deliberate on a preferred option, the following criteria for a successful
project, which were developed at your October 30 joint meeting, may be helpful:
The project provides more square footage for library uses.
The project is a cornerstone of downtown.
The facility would accommodate appropriate technology.
The project would meet identified library needs.
Room for growth in library services would be built into the project.
Options Evaluation
December 5, 1996
Page 3
7.
8.
9.
The facility constitutes good design.
The project is affordable.
The project will engender public support.
The City Council will support the project by actively campaigning for a bond issue.
Although there are a number of these criteria which cannot be applied to the options at this time
due to lack of information, the criteria should provide you with a general guide for your decision
making. Ohce a preferred option is selected by the Council and the Board, the staff will
investigate further the information that will be necessary for you to evaluate whether the preferred
option meets these criteria.
With the selection of a preferred option, the staff will engage an architect to design a building
which will include the functions of the preferred option. An accurate cost estimate can then be
calculated and a bond issue developed.
Attachment
~/opuoc, s.M
EX
OPTION 1 - CIVIC
DECEMBER, 1996,~
NOT TO SCALENORTH
PANS
CENTER
SITE
CONCEPT "A"
CIVIC
IOWA AVENUE
CENTER
WASHINGTON
150'
STREET
OPTION 1
DECEMBER, 1996
NOT TO SCALE
- CIVIC
NORTH
EXPANSION
CENTER SITE
CONCEPT "B"
I I
IOWA
AVENUE
CIVIC
CENTER
WASHINGTON
3 STORIES
STREET
Z
.JBRARY
OPTION 2
DECEMBER, 1996
NOT TO SCALE
EXPANSION
BUS DEPOT SITE
NORTH
CONCEPT "A"
(WITH SUBSTATION)
1
\
WASHINGTON
CHAUNCEY
SWAN
bARK
4 STORIES
0
Z
'-F
0
STREET
W
m
m
Z
COLLEGE STREET
LIBRARY EXPANSION
OPTION 2 BUS DEPOT SITE
DECEMBER, 1996~ CONCEPT "B"
NOT 1"0 SCALE NORTH (WITHOUT SUBSTATION)
k.... N
WASHINGTON
I,I
CHAUNCEY
SWAN '<
5 'STORIES
0o
,4Z
on
STREET
I~1
I~1
I~1
rn
COLLEGE STREET
BRARY EXPANSION
U,R,
OPTION 5
DECEMBER, 1996
NOT TO SCALE
PARCEL 64- 1A
NORTH
?
PEDESTRIAN MALL
I
LIBRARY__~
ST(~RiESt 6 STORIES
E
PARKING RAMP
k.
COLLEGE STREET
F
_,.,) k. - -,~
BURLINGTON STREET
CPMI
FOUNDATION
IOWA CITY PUBLIC LIBRARY
EXISTING FACILITY INFORMATION
$ DECEMBER 1996
12' Round Augercast Piles Approximately 40' Length, Grouped In 3 at Interior Column Line
Intersections, Grouped In 2 at Exterior Column IJna Intersections.
FIRST FLOOR
· 5' Thick Slab On Grade with Wire Mesh Reinforcement
Area In Gross Square Feet 29,758 GSF, Rounded in Previous Estimate to 30,000 GSF
· Column Spacing 27'
· Root to Floor Height 14'
·Floor to Ca~fing Height - Varies, 9' Typical
SECOND FLOOR
· 3 1/4' Lightweight Concrete on 20GA 1 1/2° Metal Deck
on Wide Flange Steel Beams and Columns Spaced at 27'
· Area in Gross Square Feet 16,773 GSF, Rounded in Previous Estimate to 17,000 GSF
· Floor to Roof Height 13'.4'
· Floor to Ceiling Height - Varies, 9' Typical
ROOF
· Elsaromatic Roofing System w/4' Insulation on 22GA 1 112' Metal Deck on
Open Web Steel Joist Supported by Wide Flange Steel Beams and Columns
EXPANSION
· Second Floor Expansion Area 7,911 GSF, Rounded in Previous Estimate to 1~,000 GSF
Third Root Expansion would require significant structural modification of
beams, columns and foundations.
RENOVATION
· The Interior Structure Is creel beams and columns. Approximate costs to modify beams,
adjacent oolumns and foundation system to remove a column would be $60,000. Removal of
more than one column would require significant structural redesign and modification.
The Exterior Walls on the east and south are brick with metal stud backup. Doors and
window openings can be ready made, except at column or structural bracing locations.
· Floor tO floor heights could be changed In vary limited areas, tf modifications are made to floor
use above. Floor to roof heights can be changed mere readily. Floor to roof heights could be
changed In the Second Floor expansion at minimum cost.
· Floor to ceiling helght~ could be changed In Isolated areas, If there Isn't a conflict with beams
and If ductwork, electrical and plumbing services can be relocated into adjacent ceiling space.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
City Manager
December 3, 1996
Residential R011-Back
We have been informed the roll-back will decline to 58.8% for the upcoming
year. This is a non-reassessment year, making the reduction that much more
difficult on our budget plans. Roll-back history is as follows:
FY98 58.8
FY97 59.3
FY96 67.5
FY95 68.0
FY94 72.7
FY93 73.1
FY92 79.5
H]7
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
City Council
City Manager
December 3, 1996
RE: Deer Count
The proposed count by DNR will not occur until after the first of the year. No
other action is planned.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
City Manager
December 3, 1996
Consolidation of Graphics Technicians
With the recent reorganization of Public Works related to Traffic Engineering and
the shifting of some traffic engineering responsibilities to Planning as well as the
resignation of our graphics technician in the Department of Planning, we have
taken the coincidence of these events to create an opportunity to consolidate
some functions of Public Works and Planning.
Effective immediately, the graphics technician position which was in PCD will be
moved to the Public Works Department so that the graphics technician and the
senior engineering technician may work more closely together. These two
positions generally address our needs for mapping and graphic presentation as
well as providing construction and design plans for Engineering. Both positions
work off CADD systems and, for some of their functions, use the same basic
information. Placing these positions in one department will enable them to
coordinate their work and improve the provision of mapping documents and
construction plans for both departments and the rest of the City organization. As
we move toward a geographic information system, it made sense to have these
two positions work as closely together as possible. Anyone in the organization
who needs mapping or presentation materials will now contact Barb Meredith,
Senior Technician, in the Public Works Department.
City of Iowa City
MEMORANDUM
Date: December 5, 1996
To: City Council
From: City Manager
Re: Paint/Disposal and Clean Up
I noticed comments on an old JC News, copy attached, about a toxic waste clean-up project in
the city of Ashland, Wisconsin. We did some research and have found that, although the writer
in the JC News mentions a toxic waste facility, it is a program whereby the city of Ashland
provides space at their city garage and is staffed by volunteers (representatives of the League
of Women Voters) for the acceptance of reusable paint. They do not stock-pile paint for disposal
and there is no bulk use of the paint. The program is made available to all residents of Bayfield
County.
We have received some calls indicating that this was a particularly good idea and, therefore, I ask
that this research be done,
cc: Brad Neumann
Z aoo
Date: 21 Oct 1996 21:02:21 GMT
~rom: caroline dieterle <ADPSYA2.CDIETERL@UIAMVS.WEEG.UIOWA.EDU>
Reply to: Jcnews@yosemite.leepfrog.com
To: Jcnewe@yosemite.leepfrog.com
Subject: JCNEWS: Toxic Waste Clean-Up
Date= 10/21/96
From: caroline dieterle
Subject: JCNEW$: Toxic Waste Clean-Up
Reference: Your note of 10/21/96 13:11
CDIETERL - ADPSYA2
JCREWS1 - INTERNET
I found an issue of the Ashland, Wis. local paper an eye-opener recently! I
was up there the weekend of Oct. 4-6,'and found out that THEY have a continuing
ongoing facility/collection point for toxic type waste! If little Ashland can
do it, why can't Iowa City??
Once a year is just ridiculous. The only positive aspect is that with so little
way to dispose of i~, one thinks - several times - about buying anything more
that fits into this category. I quit doing so a couple of YEARS ago - but still
have 2 large boxes of toxic waste cans in storage, because I either didn't get
the required appointment on time, or got to the disposal when they had decided
to close early because of the unexpected volume of stuff already received.
Actually, I thir~k the last time I was able to get rid of anything like this was
when I drove all the way to Newton or some such place between here and Des
Moines for one of THEIR rare disposal days.
- Caroline Dieterle
l'Jp$
to save you money
and to save our environment
Before you start a painting project,
determine ....
· measurements of the area to be painted;
texture of the surface (rough or
smooth);
· whether the surface is being painted for
the fu-st time or is being overcoated.
Then consult you paint dealer so that you
purchase the correct amount of paint for the
job.
Proper surface preparation increases the
lifetime oft he painted surfaces.
· Wash walls and ~ with clean water;
· Scrape or sand, if needed;
· Use primer first for better adhesion of
paint to the surface.
When storing paint --
· Clean paint off rim mad lid of can to
ensure a tight seal;
· Store paint in dry area to prevent rustlag
of cans and mining of labels;
· Be sure latex (water base) paint does not
freeze;
· Store away from a wall, so that air can
cite,date aronlld cans to prevent spot
freeze and rust.
l ore l'Jps'
Paint that has been properly stored can
remain usable for up to 15 years. To
check do a patch test:
l) Clean a portion of the
surface to be painted.
2) Paint a 4" square test area.
3) Allow paint to dry for 24
hours.
4) Place a piece of masking
tape onto the test area. Then
quickly pull the tape off. Ifthe
paint comes off the test area
onto the tape, the paint is
not usable.
If you have less than 1/3 of a can left,
the paint may be dried out by opening
the lid and letting the paint stand in a
well ventilated area protected from rain
until all the liquid is evaporated. The
remaining hardened material is stable
and can now be disposed of in your
regular '..sh. Leave the lid off of the
can, so that the trash hauler knows what
is in the can.
BAYAREA
PAINt
£X¢IIAN6£
Us~ the
BAY AREA PAINT EXC]ffu~IGE
whenever you
AS~.AND CITY GARAGE
2020 Sixth Street East
Aahlan.d; WI 54806
(715) 682-706~[
Hours: 8:00 AM-3:OOPM,:M-F [
· ' (. ;~ :
BAY AR ~ PAINT EXCHANGE
is a comnmnity program set up to help Bay
Area residents recycle paints and painting
supplies so that the polluting substances stay
out of our landfill and our precious water
supply.
BAY AREA PAINT EXCHANGE
is sponsored by the 5-R Tank Force, which
is a coalition of the City of fi~hland and the
Leag~te of Women Voters of Ashland
Bayfield Cotlnty. Our goal is to preserve
the quality' of our etrttironmentby
encouraging ci0zens to use the S-Rs ....
REDUCEr REusE, RECYCLE
in their evet3tday lives.
BAY AREA PAINT EXCHANGE.
enables people to recycle paint and painting
supplies that are no longer need~, by
passing them on to someone who has a use
for them
Because the BAY AREA PAINT
EXCHANGE is sustained by area citizens
and volunteers, we rely upon y.o.u, to keep
the program nmning smoothly. Here is how
the exchange works.
DONORS bring usable paints and supplies
to the BAY AREA PAINT EXCHANGE.
Place it into the proper categories, if
poss~le.
Stain. :~-t,-. Stripper
Brl~ht~ Bd~lm Tar
Thlnne
SELF SERVICE SHOPPING at the
EXCHANGE: You may want to inspect
the paint, so bring with you
Paint can opener (to open the lids, when
necessary).
· hammer (to researl the lids).
. stir sticks (liquid at the top ofpaim is
not necessarily the true color of the
paint).
· wipe rags (to wipe spills and stir sticks)
If you must open a can of palm:
1) stir to determine the true color;
2) put a dab ofpalnt on the lid;
3) reclose the lid;
4) place can in proper category;
5) clean up any mess, please.
THE BAY AREA PAINT EXCHANGE
has saved the area thousands of dollars in
paint purchase and disposal fees. To be able
to continue thin program; donations of time
and money are necessary. You time and
consideration in keeping the Exchange area
neat and orderly are greatly appreciated.
Monetary donations may be deposited in the
desJ~ated paint can. Checks sho~_fid be
made payable to:
5-R Task Force
Money will be used primarily for printing
and advertising.
The EXCH.M~GE will accept Paint that
· is at least 1/3 of a can full;
is m its ori~nal coominer;
· bas a label that is readable;
· has b~a stor~ in a place where latex paint
has not been frozen; (latex paint, which is
water based, may spoil if it gets frozen);
· has no lead.
City of Iowa City
MEMORANDUM
Date:
To:
· From:
Re:
December 4, 1996
City Council
City Manager
Martin Luther King Day - New Ideas
Heather has recently asked Joe Knight, a professor at the University of Iowa's College of Law,
to be the Human Rights Commission's speaker at a public forum on Janua~J 16, 1997, in honor
of Martin Luther King. Professor Knight's speech is entitled, 'Civil Rights: Remembering the Past
and Moving Forward." The speech will be held at the Public Library in meeting room A. As you
recall, you asked that we take some new initiatives for Martin Luther King day.
cc: Heather Shank
City of Iowa City
MEMORANDUM
Date: December 4, 1996
To: City Council
From: David Schoon, Economic Development Coordinat
Re: Deliveries to the Proposed Taco Bell in Old Capitol Mall
As requested by the City Council, I spoke with Dierdre Castle, manager of 01d Capitol Mall,
regarding deliveries to the proposed Taco Bell. She informed me that deliveries would not
take place from the Clinton Street side of the building. Deliveries to Taco Bell would take
place from the Capitol Street side of the building.
cc: Dierdre Castle
DATE: November 26,
TO: Steve Atkins,
FROM: Ron O'Neil,
IOWA CITY MUNICIPAL AIRPORT
1801 South Riverside Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045
MEMO
1996
City Manager
Airport Manager~b.
RE: Master Plan projects
Attached is a list of the
implement the 1996 Airport
projects in this order:
projects on file with the FAA to
Master Plan. The FAA prioritizes
-safety
-preservation
-standards
-expansion
All of the air side projects listed in Phase One of the Master Plan
are listed as projects needed for safety reasons. Air side refers
to the part of the airport that relates directly to aircraft
movement. This would include runways, taxiways, safety areas, etc.
Because our CIP projects are safety oriented, I think the FAA will
give high priority to the Iowa City Airport.
The land acquisition and avigation easements are required for the
runway safety areas. A major construction project involves adding
800 feet to Runway 6 and displacing the threshold on Runway 24 by
800 feet. This will not add to the official length of the runway
but will provide clearance for the required safety areas at both
ends of the runway.
The land side projects are not funded by the FAA. Examples of
these projects include renovation of the Airport Terminal and
additional hangar space. Hangar space is built on an as needed
basis. The Commission has budgeted in the FY 98 budget to study
the options available for the Airport Terminal.
I spoke with Jerry Searle about the projects in the Master Plan.
Although he is no longer under contract with the Airport, he would
be willing to meet with me and a prioritize the projects further if
the Council wants additional detail. The projects listed in Phase
One will keep Iowa City in compliance with FAA requirements and
enhance safety at the Airport.
CIP DATA SHEET
Iowa Ci~ Municipal Airport
Land Acquisition RW 6
10/15/96
SKETCH.'
JUSTIFICATION:
i
1. Conclitional approval of {he Iowa City Mumcipal A~rport Layout Plan was grven by FAA on
August 6, 1996. The proposed project wid provide for the required RPZ. ROFA. and RSA
associated wit~ the extension of RW 6.
SPONSOR SIGNATURE:
DATE.
COST:
1. Land in Fee-RW 6
A. Parce~ 176-004 (14.7 Ac ~-/-)
B. Parcel 176-005 (1.1 Ac +/-)
C. Parcel 176-001. 176-002
- Mobile home park (26)
- Single family dwelling
2. Land-in-easement* RW 6
A. Parcel 177-002
B. Parcel 177-001
C. Parcel 176-004
D. Parcel 15~,-003
E. Parce~ 151-002
3. Mobde Home Relocation
4. Appraisal. Negotiations. Legal, Survey. Cont.
5. Total RW 6
$367.500
$38.500
$360.000
$5.500
$4.000
$20.500
51.000
$500
$260,000
$95.000
$1.152.500
ClP DATA SHEET
Iowa City Municipal Airport
Land Acquisition RW 24
10/15/96
SKETCH:
;t
JUSTIFICATION:
1. Conditional approval of the Iowa City Municipal Airpo~ Layout Plan was given by FAA on
August 6, 1996. The proposed project provides for the RSA and ROFA requirements
associated with RW24.
COST:
SPONSOR SIGNATURE:
1. Land in Fee-RW 24
A. Parcel 477.004
· Mobile home park (11)
- Structure on site
B. Parcel 352-001
2. Land in Fee or Easement
3. Mobile Home Relocation
4. Appraisal, Negotiation, Legal, Survey, Cont.
5. Total - RW 24
$233,860
$403.565
$85,000
$110,000
$70,000
$902.425
DATE:
123~C&G6\RW24
DATA SHEET
WORKITEM
Iowa City Municipal Airoor~ LOCAL PRIORITY
Land Acquisition RW 12 and RW 30
SKETCH:
JUSTIFICATION:
1. Conditional approvaJ of the Iowa CRy Municipal Airport Layout Plan was given by FAA on
August 6, 1996. The proposed project will provide for the required RPZ associated with
Runways 12 and 30.
SPONSOR SIGNATURE:
DATE:
10/15/96
COST:
1. Land in Fee-RW 12 $354,000
A. Parcel 364-001 (12.7 Ac +/-)
2. Land-in-easement-RW 30
A. Parcel 327-001 $13,000
B. Parcel 502-001 (Railroad) $8,050
C. Parcel 326-002 $3,489
D. Parcel 326-003 $6,950
E. Parcel 326-004 $2,531
F. Parcel 326-005 $1,865
G. Parcel 330-001-005 $4,153
H. Parcel 328-00t $250
I. Parcel 252-003 $562
3. Appra~sah Negotiations, Legal, Survey, Cont. $54,239
4. Total RW 12/30 $449,089
123\C& G6~;;IW 1230
ClP DATA SHEET
Iowa City Municipal Airport
Dane Road Fielocation, Fencing, Obstruction Removal
10/15196
SKETCH:
JUS191~CATION:
1. Conditional approval of the Iowa City Municipal Airport Layout Plan was given by FAA on
August 6, 1996. Obstruction and mitigation is a high priority.
COST:
SPONSOR SIGNATURE:
PHASE ONE CAPITAL PROJECTS: 1997-2001
1. Fencing
2. Dane Road Relocation
3. Lane Relocat~on
4. Dane Road Existing
5. Obstruction Removal
6. Total
$61,946
$257,085
$6,740
$7,778
~397.110
$730,659
DATE:
123\C&G6~RWDANE
ClP DATA SHEET
Iowa City Municipal Airport
RW6 - Grading anO Drainage, Subdrains, Grading RSA
10/15/96
SKETCH:
i
JUSTIFICATION:
COST:
1. Conditional approval of the Iowa City Municipal Airport Layout Plan was given by FAA on
August 6. 1996. The extension of RW 6 will aJlow displacement of the threshold on RW 24
So as to accommodate the associated ROFA and RSA. The declared distances would
ultimately be: TORA--5015'; TODA=5015' (RW 6/24); ASDA-5105' (RW 24); 4205' (RW 6),
LDA=4205' (RW 6/24).
SPONSOR SIGNATURE:
DATE:
PHASE ONE CAP~AL PROJECTS: 1997-2001
1. RW 6 Grading and Drainage
$1.330,756
123~C&G6\RW63
ClP DATA SHEET
Iowa City Municip.a.I Airport i LOCAL PRIORITY
RW6 - Paving, Lighting, Marking
UPDATED
10/15/~6
SKETCH:
JUSTIFICATION:
1. Conditional approval of the Iowa City Municipal Airport Layout Plan was given by FAA on
AuguSt 6, 1996. The extension of RW 6 will altow displacement of the threshold on RW 24
$o as to accommodate the associated ROFA and RSA. The declared distances would
ultimately be: TORA=5015'; TODA--5015' (RW 6/24); ASDA-5105' (RW 24): 4205' (RW 6).
LDA=4205' (RW 6/24).
SPONSOR SIGNATURE:
DATE:
COST:
PHASE ONE CAPITAL PROJECTS: 1997-2001
1. RW 6 Extension - Paving
2. RW 6 and TW Lighting
3. Parallel Taxiway - RW 6/24
4. Total
$1,237,315
$400,487
$1.17423_4
$2.812,536
123\C&G6~RW62
ClP DATA SHEET
Iowa City Munici[~al Airpor'{ LOCAL PRIORITY
Apron Reconstruction and Connect Taxiway
SKETCH:
JUSTIFICATION:
1. Reconstruct and expand apron, construct connecting taxiway to RW 6/24.
COST:
SPONSOR SIGNATURE:
PHASE ONE CAPITAL PROJECTS: 1997-2001
1. Apron Reconstruction
2. Connecting Taxiway
3. Total
$624,740
$835,203
DATE:
123\C&G6~IW6-24
~Jrpod Name: Iowa City Municipal ~rport
Program Prepared By: Ron O'Neil
Date Prepared: October 15, 1996
Project Description
Conventional Hangar
Terminal Building Improvements
Land Acquisition - RW 6
Land Acquisition - RW 24
Land Acquisition - RW 12/30
Road Relocafion (Dane Road)
Fencing
Obstruction Mitigation
Apron Reconstruction
Connecting Taxiway - RW 24
RW 6 Extension - RSA. ROFA
Parallel Taxiway
Grading and Drainage
RW 6 Extension - 800' Paving
Parallel Taxiway - RW 6~24
MALS. MIRL. MI.T..L._ .M_a~ing_.
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAMS
Funding
Source
Federal
Slate
Local
Total
Federal
State
Local
Total
Federal
State
Local
Total
Federal
State
Local
Total
Fedeml
State
Local
Total
Federal
State
Local
Total
Federal
State
Local
Total
Federal
State
Local
Total
Phone: (319)356-5045
Date Approved: October 15. 1996
Fiscal Fiscal Fiscal Fiscal Fiscal
Year1997 Year1998 Year1999 Year2000 Year2001
$o
$o
$550,000
$550,000
$1,037,250
$o
$115,250
$1,152,500
123~C&G~SYRIAC
$812,182
$o
$90,243
$902,425
$404,180
$o
$44.909
$449,089
$657,593
$73,066
$730,659!
$751,683
$o
$83,52O
$835,2O3
$1,197,680
$o
$133.076
$1,330,756
$2,531,282
$o
$281,254
$2,812,536
City of Iowa City
MEMORANDUM
Date: 12/4/96
To: Steve Arkins
From: Chuck Schmadeke
Re: Sanitary Sewer Easement - Elks Club
I had a conversation with Chuck Mullen on December 2, 1996 regarding the possibility of
acquiring the sanitary sewer easement at the northwest comer of No Name Street and
Foster Road prior to completion of negotiations on access to the peninsula property. As
you will recall, the sanitary sewer easement is necessary to construct the North River
Corridor Sewer Project.
Mr. Mullen stated the Elks Club would not be willing to negotiate the sanitary sewer
easement separate fi'om the other issues that were included in negotiations on access to
the peninsula property. He seemed very frustrated with current progress toward a
negotiated settlement of the various issues.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
December 5, 1996
City Manager
Maurice Head, Community Development Coordinator
1997 CDBG and HOME Allocations
We have received our actual 1997 CDBG and HOME allocations from the Department
of Housing and Urban Development. The new 1997 CDBG and HOME allocations are
slightly lower than the 1996 allocations as shown below:
Proerams FY97 Allocations FY96 Allocations Reductions
CDBG $971,000 $957,000 ($16,000)
HOME $551,000 $562,000 ($11,000)
The i 997 CDBG allocation represents a 1.6% reduction from last year and approximately
a 2% reduction for the HOME program. This overall reduction for Iowa City can be
contributed to more cities becoming eligible for CDBG and HOME funding as Entitlement
Communities and Participating Jurisdictions. The national funding level for the CDBG and
HOME programs for FY96 and FY97 are the same but the cities participating in the
programs have increased. If the national funding level remains the same for CDBG and
HOME, we will experience additional dilution of federal dollars in the future.
December 3, 1996
Daryl Woodson
Sanctuary Restaurant
405 S. Gilbert St.
Iowa City, IA 52240
CITY OF IOWA CITY
Dear Daryl:
I have given some thought to your letter concerning a 4th of July fireworks display, particularly
your interest in seeing it returned to City Park. As you know, our community has traditionally
supported the Jaycees in this project. I am not familiar with all the details of the Jaycee
fundraising, but I do understand this is a significant project for them.
If you were to pursue the fireworks display at City Park and the Jaycees continue to pursue
their interest in the fireworks display at the airport, it would not, in my judgment, serve our
community's overall best interest. My specific concern is we do not have sufficient police to
provide for the traffic control and other related support activities for two fireworks displays
occurring simultaneously, one at City Park and one at the airport.
I am not sure how we can resolve this issue. I urge your organization and the Jaycees to
discuss your options. Also do not forget that the Fire Department has expressed reservations
about City Park and has found the Airport to be the safer environment. As the scale of the
display grows, it also raises concems by our Fire Officials for the safety of those at City Park
and the surrounding neighborhood.
It would appear to be in everyone's best interest that we have one spectacular display, that is,
your group and the Jaycees come together.
I will again reiterate that the major concern is we do not have sufficient resources to police two
4th of July fireworks displays.
Sincerely,
Stephen J. Atkins
City Manager
CC:
City Council
R.J. Winklehake
Andy Rocca
Terry'rrenkamp, President Jaycees
410 EAST WASHINOTON STREFT · IOWA CITY, IOWA ~2240-1126 · (319) 3~6-5000 · FAX (319) 356-~009
anctuar v
· Restauran! & Pub '"
November 5, 1996
405 ~outh Otlbert Street
Iowa City, Iowa
52240-4918
319.351.5692
e-marl: dcwood@fyiowa,infi,net
Steven Aktlns
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Dear Steve:
Thanks for calling back. l've been out with a bad cold. I apologize about the worlds longest
voice mail message.
We have formed a committee to bring a Fourth of July Fireworks display back to City Park.
'There has been a positive response from the community to plan. Since the Jaycees have flatly
stated their plan to continue with an airport based display, we propose an alternative display in
the park.
Lane Wyrlck has been investigating fireworks companies. The firm that handled the
University's sequlcentennial celebration and the Homecoming display has assured us that they can
put on a display that would comply with all fire regulations and still be spectacular.
We have found a lot of support for fireworks in the park and already have substantial
financial commitments. Most of the people we have talked with have cited the "atmosphere" and
tradition of the park and, for those who live close, the ability to walk or bike to the display.
We also propose to start the show after the end of the ja~,~. Fest performances since there
has been a noticeable crowd attrition as people leave the Jazz Fest early to drive to the airport.
We are convinced that there is a large base of community support for this alternative and
that we will be able to put on a high quality display. Due to the one-night-only demand upon the
pyrotechnic firms we will need to make a commitment In the near future.
If you see any problems or have any concerns about our plans we need to know of them as
soon as possible. The surest way to reach me quickly is through e-mall. I will call next week and
set up an appointment so that we can discuss our proposal in detail.
Thanks for your attention.
December 3, 1996
CITY OF I0 WA CITY
Mr. James Houghton
Barker, Cruise, Kennedy, Houghton and Anderson
920 S. Dubuque St.
Iowa City, IA 52240
Re: Nancy Skay's Concerns; Yeggy Property at 828 and 834 St. Anne's Drive
Dear Ur~~
As you can see from the attached letter to your client Nancy Skay from Assistant City
Attorney Dennis Mitchell, the City of Iowa City is proceeding to achieve compliance with
City laws concerning the appearance of properties at 828 and 834 St. Anne's Drive -
located across the street from your client's home.
While I believe the City has been diligently attempting to bring the subject properties into
compliance, your client still has the option, indeed right, to pursue a private nuisance action
against the owners and operators of the offending property - especially if you can show
actual damage by reason of lowered property values.
I encourage your client to continue to cooperate with the City of Iowa City in our
enforcement efforts, but I also encourage you to do whatever you believe is necessary to
protect your client's rights under Iowa law.
Cordially yours,
Linda Newman Woito
City Attorney
CC:
City Council, FYI
Terry Goerdt and Ron Boose, Housing and Inspection Services
Steve Arkins, City Manager
Dennis Mitchell, Assistant City Attorney
File
Im~lw1127.doc
z/207
November 21, 1996
CITY OF I0 WA CITY
Via facsimile and U.S. Mail
Nancy Skay
825 St. Anne's Drive
Iowa City, Iowa 52240
Dear Nancy:
In response to your letter of November 20, 1996, I am writing to inform you of the actions
which have been taken regarding the properties located at 828 and 834 St. Anne's Drive:
Municipal infractions have been issued for the junk and salvage located on the
exterior of the properties located at 828 and 834 St. Anne's Drive in violation
of Section 6-1-2A of the City Code. An initial appearance date has been set for
December 5, 1996.
An Application for Order to Show Cause (Contempt) has been filed against the
Yeggys for violation of the injunction prohibiting junk and salvage materials at
828 St. Anne's Drive. A hearing on the Application has been set for December
23, 1996, at 1:30 p.m. Please let me know if either you or Curt will not be
available that day.
A Notice of Violation has been sent for failure to obtain a building permit for
the shed/garage that was built on the lot at 834 St. Anne's Drive.
I am investigating whether the Yeggys need a rental permit for the property
located at 834 St. Anne's Drive. Wilfred Yeggy may have an ownership interest
in the property, which means the Yeggys would not need rental permit while
Wilfred lives there. I hope to have an answer for you before Thanksgiving.
A Notice of Violation was s~nt in October for the tall weeds at 828 and 834 St.
Anne's Drive. I have personally driven by the lots on several occasions since
the Notice of Violation was issued. Although it does look unsightly, the weeds
are not "popping" back up. Because the weeds are not in excess of fourteen
inches (14") in height, there are no facts which would support a citation at this
time.
410 JAST WASHI~JOTOH STREIrT 4 IOWA CITY. IOWA ~2240.182& $ I]19) 156-S000 4 FAX (,3 I~)) 3S6-S009
Nancy $kay
November 21, 1996
Page 2
Please feel free to call me directly in ~he future if there are ma~esses or furniture on the
parking or slreet. If I am unavailable, please call the public works department. They should
be able to send someone out immediately to pick up such items.
I hope the above adequately ~mswers your questions. Please do not hesitate to give me a call
if you have a~y further queslions.
Very Iruly yours,
Dennis .1. Mitchell
Assis~ut City Attomey
Linda Woito, City A~omey
Terry Goerd~, Building Inspector
Steve A~kins, City Manager
The Honorable Mayor Naomi Novick and Members of ~he Cily Council
¢
American .Be. art LUNG
. DCIETY Assoclation. ' ASSOCIATION. t
IOWA DIVISION, INC. F'~h""' """,~'~,~o~: of lc, vO
RESOLUTION NO.
A RESOLUTION SUPPORTING TBE REVERSAL OF STATE
PREEMPTION OF LOCAL TOBACCO-RELATED ORDINANCES:
WHERBAS, tot~cco-rel~ted di~a,mes ~e the number one preventshie canse of death in this country, l~11in8 over 4,800 Iowans every year -
more than AIDS, acedeats, pneumonia, suicide, and ~ combined and;
WHEREAS, the economic ce~t of tol~acco-mlated death and disease in Iowa due to health care expense, Iosl income and lost productivity is
over $300 million per y~av,
WHEI~AS, second.hand smoke includes more than 4,000 chemical compounds of which 43 are known to cause cancer in humans or atomels
and th~ persons e~v~l to secondhand smoke have in their body significant amounts of nic~ine, car~on monoxide, and other evidence of
exposure to secondhand smoke;
WHEREAS, nonsmokere exposed to cigarette smoke in the workplace are 34% more likely to develop lung cancer and 30% more likely to
develop heart disease;
WI-~t~AS, secondhand smoke increases the number and severity of nsthma attacks and lower re~irmory tract infections in children,
resulting in 15,000 hospitalizations nf children na~Uonwide each yea~;
WHEREAS, at least 70% of nicotine .._-~dictions begin in ckil~ood or a~olescenoe and that nationwide, over 3,000 children begin smohng
every day;
WI-~REAS, over one billion packs of cigarettes are illel/ally sold to children in this country every year;
WHE. KEAS, t~acco is recognized as a "gateway di'ug" leaxiing to use of other dangerous drugs;
WH~P,.EAS, a recent health foundation Foil indicates that most Americans of both major political perues want more, not less government
when it comes to protso~ing childsen from tobucce;
WHEREAS, the tobacco industry, using profit-motivated tactics to suppress, rrmnJpulate and dis'tort the scientific record, has exercised strong
i~fluence over public policy at the n~ional and state levels;
~AS, the _v,e~at propo~ls ~ the U.S. Food and Drug Adnmfistration for r~u~ ~e ~on to t~ pr~u~ ae ex~ed
to ~e ~s W ~plement ~d ~ n~ ~ ~ d~ ~ndors or o~er ~ d~c ~ ~ to ~ ~ implement~ ~d
enfor~ ~ ~ ~ 1~
WHEREAS, many cities and towns nat/onwide have greatly reduced the incidence of nicotine actdiction among the young people in their
communities by enacting and enforcing local ordinances and that local action often results in heightened public awareness and commitment,
WHEREAS, a report released in December 1994 by a tmtional Working Group of 25 gale attorneys general stated that it is imitative that
rmte laws not preemp~ local ordinanc~ but rather set a "floor" of minimum requirements, while allowing for local ordinances that create a
higher level of proUg'fion;
WHEREAS, the American Public Health Association, The American Medical Association, the American Cancer Society, the American He,an
Association, the American Lung Association, the Institute of Medicine and many other organizations dedicated to public health have declared
that it is absolutely critical that cities and towns have the po~r to enact and enforce local t _or _~,ct~_.. rulated ordinances as they believe
Now therefore. be it required by the City Council of the City of . Iowa:
That the Io~ Legislature should enact legislation to reverse the preemption language m the Iowa Code remrmng the rights
f~ commttll~tie~ to eP~/. alld enforce td~:o-related ordinances fithey chco~ to de so.
Tlmt other Iowa municipalitie~ are encouraged to adopt a similar resolution as a show of support for the rever~ of state
prcemF~on of 1o~J tol~gco ~rdimmees.
PASSED AND APPROVBD by the City Council of the City of
e~' 1006
· Iow~a at a public meeting held on the
%]0,?
Preemption Poll
By Political Affiliation
This presents the findings of a telephone survey conducted from February 29
to March 3, 1996, among 1012 adults comprising 503 men and 509 women
18 years of age or older, living in private households. Produced for Americans
for Nonsmokers' Rights and the Coalition on Smoking OR Health by the
Opinion Research Corporation.
State laws should allow
communities. the option of passing
local laws to protect people from
secondhand smoke and protect
children from tobacco.
84% of Democrats Agree
78% of Republicans Agree
· 81% of Independents Agree
The tobacco industry should not
be allowed to write a stote's
health la~.
· 81% of Democrats Agree
· 81% of Republicans Agree
· 78% of Independents Agree
Overall
Overall
Local communities can be trusted
to pass reasonable la~s to protect
people from secondhand smoke
and protect children from
tobacco.
· 74% of Democrats Agree
· 68% of Republicans Agree
· 73% of Independents Agree
Overall
s~a~s retailer and grocers' asSocia~ions ~o promote weak
s~a~ew£da laws ~hat purport to address illegal sales to
minors, bu~ are actually fiddled with loopholes, and
prohibi~ stronger local action.
A recen~ example of ~he industr¥'s use of retail
associations as cover is from Minnesota. The Nlnnesota
"Coali~ion of Responsible Re~ailere" actually consists of
five retailer rapresen~atives and X2 tobacco industry
members, including ~he Tobacco Institute and all ~he ma~or
U.S. c£~are~te manufacturers.
"The tobacco industry knows noons truers them," says
Jarls Jordan of ~AeAmsrican Cancer Society, "so they have
to hide =heir activity.# The poll confl~s widespread
dislike of ~ha indus~ry: 79 parcan= of respondents agreed
=hat ~ha industry should not be allowed ~o write a a=a~e's
health policy.
"The irony ismhat in an era when nos= people and
politicians say ~heywan~ to return more cametal to local
government, ~he tobacco industry wants ~o take it away.',
s$id Peter Fisher, Ad~inistrato= for State Issues a= the
Coalition on Smoking OR Health.
The poll s~rveyed I012 Americans across =he count in
a random sample, with a margin of erro~ of 3 percan=age
poin~s. X~ was conducted February 29 ~arch 3. A complete
se~ of the =abulations is available from the Coalition on
Smoking OR Health or Americans for Nonsmokers' Rights.
~ne Coalition on Smoking OR Health consists o~ the
American Cancer Society, A~erican Mear~ Association and
American Lur~ Association. Americans fo~ Nonsmakers' Rights
is a national p~bli~in~erest ~roup fo~med in 1976 to
protac~ nonsmakers fr~ secondhand smoke and preven~ youth
add£c~ion ~o tobacco.
- end -
The Tobacco Industry on Why it Needs Preemption
"We could never win at the local level... So the Tobacco Institute and tobacco
companies' flr~t priority has always been to preempt the field, preferably to
put It all on the federal level, but if they can't do that, at least on the state
level."
Victor L. Crawfor~ Former Tobacco Institute Lobbyist, Journal of the American
Medical Association, 7119/95
"Our record' In defeating state smoking restrictions has been reasonably good.
Unfortunately, our record with respect to local measures...has been somewhat
less encouraging... Over time, we can lose the battle over smoking restrictions
Just as decisively in bits and pieces. at the local level - as with state or federal
measures."
Raymond Prltchan~ Brown and Williamson, US Tobacco & Candy Journal, 7/17186
"It's barely controlled chaos [at the local level]. We can't be everywhere at
Walker Merryman, The Tobacco Institute, San Francisco Examiner, $/12/91
"You can't sue every place every time... or even send people to challenge every
proposal every place anymore."
Thomas Lauria, The Tobacco Institute, San Jose Mercury News, 5/8/94
"When you have 95,000 local units of goverament in this country, and you have
a finite amount of resources, then the smart thing to do is to try to limit the
potential for mischief [i.e. seek preemption]."
Walker Merryman, The Tobacco Institute, Los Angeles T'une~, 3/25/90
"I've learned from experience that as soon as I'm Identified as a representative
of the Tobacco Institute, I lose all credibility. They just sneer us away... so I
try to work behind the scenes whenever I can."
Ron Saidaria, The Tobacco Institute, Los Angeles Times, 8/24/86
Prepared by Americans for Nonsmokers' Rights, (510) 841-3032
w/~npp/liquo~,
WHAT THE HEALTH COMMUNITY SAYS ABOUT PREEMPTION
~ AMERIC.~ PUBU¢ H~.~LTH ASSOCIATION, Resolution 9410, 1994
The American Public Health Association "(1) Oppu~es state and federal laws preempting local
govemmenta' ability and authority to enact the~' own more stringent resu'ic~ons on alcohol and tobacco
availability; and (2) Suppore local governments' home rule to sue their zoning, planning, and other
local police powers to control alcohol and tobacco problems, including advertising and am."
~ AMI~RIC~ M~ICAL ASSOCIATION, Journal of the American MedicalAssociation, July 19,
1995
"Local corm~unifie~ should continue to control smoking in public.. State legislatures should assume
respo~,sibility for evsuring smoke°free areas, Any preemptire tobacco laws should be repealed by
public demand."
AMERICANS FOR NONSMOKERS' RIGHTS, UPDATE, Winter 1992
"The tobacco industry clearly recognizes preemption as their best tactic against tobacco control. We
know this through their behavior and through recently leaked internal documents... The only answer is
NO PI/RTPMPTION, ever. There's never a benefit to the public from preemption, and there's always a
~ ASSOCIATION OF STATg Ah'D TERRITORIAl. HEALTH OFFIClAL.~, Policy Statement on Tobacco
Use Prevention msd Com~ot, 1996
'Advocate for the preservation of local government autonomy in tobacco control ordinances and
regulatioo....Be prepared to counter legislative strategies of the tobacco industry by withdrawing
support eL, ore bills that have been weakened by the addition of preemptive language."
Ci CEhTERS FOR DISEASE CONTROL AND PRIVENTION, Morbldit~ and Mortality Weekly Report,
November 3, 199S
"Local action by communities has l~oven to be effective in enforcing youth access legislation and
~:luc~ng tobacco use among young persons. However, the tobacco industry has been equally
succ~ful in weakchUg local control and community involvement through state laws containing
preempt/on pmvision.~"
I-I COALITION ON SMOK1NG OR HEALTH, Issue Brief- Preemption, 199S
"It remains the Coalition's view that preemption should not be accepted. We continue to believe that
no bill is better than a bad bill."
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVlCF. S, Healthy People 2000 Objectives,
Midcourse Review, 1995
"Reduce to 0 the number of States that have clean indoor air laws preempting stronger clean indoor air
laws on the local level."
page
AblERICAN LUNG ASSOCIATION,.
Coalition on Smoking OR Health
FOR IMMEDIATE RELEASE
Con~¢t;
American He,art ~-~-~
Peter Fisher,C..SH
(202) 452-1184
Robin Hoban,ANR
(510) 841-3032
J¢fi~ Jordan,AC$
(404) 329-?688
ResulCs demonstrate overwhelming rejection of national
tobacCO industry strategy
Washington, D.C. -- A new nationwide poll shows
over~helming public support for giving city and county
governments the freedom to take action on tobacco issues, a
d£rect re~ection of tobacco industry strategy.
The poll, conducted for Americans fo~ Nonsmokers'
R~ghts (ANR) and the Coalition on Smoking OR Health by
Opinion Research Corporation, demonstrates broad support
across pa~y lines for the concept of local action. Eighty-
four percent of Democrats, 78 percent of Republicans and 81
percent of Independents believe that state laws should allow
local governments to enact their own ordinances on tobacco.
Overall, 81 percent of Americans believe in preserving
local.freedom when it comes to protecting citizens from
secondhand smoke, or reducing illegal sales of tobacco to
minors.
This support comes from all regions of the country: 82
percent in the Northeast, 77 percent in the North Central,
80 percent in the South and 86 percent in the West.
"These results demonstrate conclusively that Americans
wan~ their local governments to be able to make decisions on
~heir behalf when it comes to tobacco," said Robin Hobart,
Associate Director of A/~R. "The results are also a decisive
rejection of the ~obacco industry and its strategy of
preempting local government authority," she said.
The tobacco industry is aggressively promoting
statewide laws that prohibit, or preempt municipal
governments from taking any action on tobacco issues.
- more -
~11Na-t-i-s-tJTg OF MEDICINE OF THE NATIONAl. ACADEMY OF SCIENCE,g, 1994
"~Repeal the federal law that precludes [i.e. preempt] state~ and local governments fi'om regulating
~obacco promotion and advertising within their jurisdi~on.s."
NATIONALASSOCIATION OF A!~RICAN AMERICANS FOR POSITIVE IMAGERY, March 1, 1996
"NAAAPI strongly oplx~es any preemption langvage regarding tobac~ in any state bill... As African
Americans, we are particularly opposed to state preemption of local lav~, not only with respect to
Iobg, go but in other issues ~s well. In many states, Aft'lean America~s are concentrated in a few cities
while the state population is overwhelmingly white... Therefore, on principal we suppert the concept of
local decision-making."
WORKING GROUP OF STATg ATTORNEYS GENERAt~ NO Sale: Youth, Tobacco and Responsible
1994 '
"The Working Group believes it imperative that state laws not preempt local ordinances. State
legislation should set a 'floor" of minimum requh'ements, while allowing the continued operation of
ordinances that create a higher level of protection."
Prepared by Americans for Nonsmokers' Rights, March 1996, (510) 841-~032
w/r/npp/orgposit
Preemption Poll
By Geographic Region
This presents the findings of a telephone survey conducted from February 29
to March 3, 1996, among 1012 adults comprising 503 men aad 509 women
18 years of age or older, living in private households. Produced for Americaas
for Nonsmokers' Rights and the Coalition on Smoking OR Health by the
Opinion Research Corporation.
State laws should allow
communities the option
of passing local laws to
protectpeople from
secondhand smoke and
protect children from
tobacco.
Overall
Northeast
N. Central
South
West
81% Agree
82% Agree
77% Agree
80% Agree
86% Agree
The tobacco industry
should not be allowed
to write a stote's health
law.
75
Overall
Northeast
N. Central
South
West
79 % Agree
77% Agree
76% Agree
79% Agree
86% Agree
Local communities
can be trusted to pazs
reasonable laws to
protectpeople from
secondhand smoke
and protect children
from tobacco.
Overall
Northeast
N. Central
South
West
71% Agree
70% Agree
67% Agree
70% Agree
77% Agree
Smoking Kills More Americans Each Year Than
Alcohol, Cocaine, Crack, Heroin, Homicide,
Suicide, Car Accidents, Fires, and AIDS combined..
Approximate Number o! Oeaths:
Sm~dng .................................4M,000~
Ncohol {l~d. dru,k dr~g) .' ,-..,, 105,000~
~ At~Jdell~ (lad. drunk driving) -.--- 49,00~~
Flrea ...................................................4,000~
AIDS ...................................................31o00(P
Heroin and Morphine ...........................2,400'
Sulcide ................................................31,00(~
Homicide ..........................................22,
Cocaine and C~ack ..............................3,300'
' U.S. C~nlarJ For Dinenee Control, 19e8 data
* U.S. Contoro For Diannee Control 1987 date
~'Neliooo! $Mety Council, 1~ date
' U~. Conlo~ For DIeelto Contr0~ 1~ data
'HatlonmJ Center For Health ~tiB~co, 1~ data
Causes of Death
Smoking va. Other
Smoldng
.....~-..%-~*..*..-~. .-.:,-.: :::::~ .'...'.?:::..
.......... ':':'"' :" "':"" "'" "~ ':'--'.:..'..'...--'.".~i~ ~:~ ~:'~":::7~
',L<~.-,.-,-,~.-.%,-.-,~-.~.-.~.-..- ~'.'.'.'. · .... ~)~
%%%%~.......-..-..,¥..-,.-~.-~ ..-.:/.:.:. , ,...
............ or Accldenle
Alcohol
Smokefree Educalk:mttI airyloci, Inc** Hew York, H¥
Steve Arkins
NOVEMBER 1996
BUILDING PERMIT INFORMATION
CITY OF IOWA CITY
KEY FOR ABBREVIATIONS
Type of Improvement:
ADD Addition
ALT Alteration
DEM Demolition
GRD Grading/excavation/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
Per.it A~plicant ns~e Address Type Type Storles Units Valuation
NO. ~mpr Use
1705 BOY~UM ST ADD ~0N I 0 $ 80000
ADD NON I 0 $ 31782
ADD RSp 2 0 $ 150000
ADD ~SF 2 0 $ 36000
ADD RSF I 0 $ 32000
ADD RSF 1 0 $ 20000
ADD ~F 1 0 $ 15000
ADD R~F i 0 $ 15000
ADD RSF i 0 $ 8000
ADD RSP 0 o $ 4000
ADD P.~F 1 0 $ 3500
BLD96-0627 R0N GILMOR~ 549 WEST SIDE DR
13' X 16' HOOD DECK
ADD RSP 1 0 $ 3000
ADD RSF 1 0 $ 1500
Page: 2
Date: 12/02/96
*From= 11/01/96
To.,: 11/30/96
CITY OF IOWA CITY
EXTRACTION OF BUILDING PERMIT DATA FOR
Perml~ A~plican~ name Address Type T~pe Stories Units Valuation
No. Inrpr Use
2 0 $ 175000
ALT NON 0 0 $ 55000
A~T NON I 0 $ 11200
ALT NON 1 0 $ 1000
AI~T RMF 1 0 $ 55061
ALT P~F 0 0 $ 6500
ALT I~F 1 0 $ 6000
ALT P~F 0 0 $ 5950
GRD NON 0 0 $ 0
Date: 12/02/96
'From: Z1/01/96
To,.: 11/30/96
Petit A~plic~nt nam~ Address Type Type S~ories ~nits Valuation
No. ~z Use
2 12 $ 911000
N~ NON 1 0 $ 212000
12 DNITAPARTMEIiTWITJ{ 19 CAR DETACHED GAUGE
~ ~ 3 12 $ 330000
~ R.MF permits: I 12 $ 330000
NEW RSF I I $ 209113
NEW ~,~F 2 i $ 192054
NEW RSF 2 i $ 161699
NEW RSF 2 I $ 160175
Da~e~ 12/02/~6
7o.,: ~1/20/96
Pennl~ ~;pllcanc name Add~eas ~e T~pe S=orles ~lcs Valuation
NO. I~r Use
BLD96-0639 P,0~ h I~.AST~N 74 DUP,.~R~O
S.F.D. NITH Ttq0 CAR
N~W RSF p~r~nits: 7 ~ $ 1102593
NON 0 0 $ 1S000
NON 0 0 $ 2500
$ 17500
~p PJ~F 0 0 $ 3100
I~P I~Fperml=s: 2 $ 11100
R.gP RSF 0 0 $ 6000
NEIGHBORHOOD COUNCIL OF IOWA CITY MEETING MINUTES
Meeting Place
Home of Judy Pfoh1-2229 ABBEY LANE, IOWA CITY, IA
Meeting Date._.& Time
October 16, 1996
7:00-9:00pro
Representatives:
Neighborhogd Services
Marcia Klingaman
Erika Cooper
Neighborhood Associations
Jen~fer Williams- Pepperwood
Jack Widness-Mekose
Judy Pfohl-Ty'n Can
Nancy Perkins-Walnut Ridge
David Dawes- Pepperwood
1) PIN Grant Process
The meeting convened with NCIC members discussing various aspects of PIN Grant
qualifications and requirements. The subject of more stringent requirements for the
program was discussed. Areas which were targeted for stronger requirements included:
* volunteer time
* soliciting a variety of residents ideas
lifespan or age of survey data
Some members felt that more stringent requirements were necessary to curb groups from
becoming neighborhood associations solely to receive PIN Grant funds. Other members
felt that it would not be an issue ifa neighborhood foraged an association in order to
receive PIN funds if, ultimately it would facilitate improvements in their area. Meeting
members felt that it was important to encourage other neighborhoods to be a part of the
PIN Grant process. It was also stressed that there should be some assistance given to
those neighborhood associations that are interested in applying for PIN Grants but are not
that knowledgeable with the process. Members also recognized that many of the
neighborhood associations are not very active and the idea was generated that the NCIC
should do something to spark an interest. Therefore, it was decided that a brief
informational/motivational newsletter would be circulated to all the neighborhood
associations to make residents aware of both the PIN Grants available and the upcoming
NCIC/Mary Sue Coleman meeting on November 11, 1996. The logistics of the mailing
were then discussed and Judy Pfohl took on the responsibility labeling all of the
newsletters. The listing of all the members were split up and each member present was
responsible for calling other members to publicize the PIN grant and meeting information.
2.) NCIC Forum
Meeting members worked to finalize the plans for the NCIC forum. It was reiterated that
a small introductory talk would be given to present and thank M.S. Coleman and her staff
for their participation. Then a brief synopsis would be given about the NCIC and the
goals of the organization. Some suggestions were given in regards for the set up oFthe
meeting room of' the library. D. Dawes reinforced the idea of the backdrop of the all the
neighborhood associations outlined on a map of' Iowa City. He also suggested that blue
index cards with NCIC written on the back also be used for questions that would be
generated by the audience and used by the moderator.
NEXT M~I~TING: Wednesday, December 4, 1996, ?:00 P.M.
Location to be announced
NEXT AGENDA ITEMS:
1) Ways to get new associations to develop
2) Mary Sue Coleman thank you/strategy process
NEIGHBORHOOD COUNCIL OF IOWA CITY MEETING MINUTES
Meeting Place
2229 ABBEY LANE, IOWA CITY, IA
Meeting Date & Time
September 25, 1996
7:00-9:00pro
Representatives:
City of Iowa City
City Manager -Steve Arkins
Neighborhood Services
Marcia Klingaman
Erika Cooper
Neit~hborhood Associations
Jennifer Williams- Pepperwood
Marsha Karniski- Penny Bryn
Michaelanne Widness-Melrose
Judy Pfohl-Tyn Cae
Denise Watkins-Friendship
Jan Bergman -SW Estates
l)Bgdget Pr. ocess
Marcia Klingaman opened the meeting with introductions. She introduced City Manager,
Steve Arkins who was present to discuss the budget process with members of the
association. City Manager Arkins said that the budget process beings very early because
there is a great deal of work assembling a $100 million dollar budget. He also stated that
City Councils vary- some want to discuss the budget for lengthlet times than others. The
budget must be certified by the state by March 15lb and that is the most critical element.
The budget must be met by certain standards by the state. One thing that is done by the
City of Iowa City is to balance the budget for 3 years. This is able to be done for a
variety of reasons: (1) the estimating capabilities have improved a great deal (2) when
bargaining with City employees the City aggressively pursues multi-year contracts (3 yr.
contract). This is important because most ofthe operating budget (60-65%0 is made up
of personnel costs. This enables the City to make pretty accurate projections.
Estimations &revenues and expenditures are done for a 3 year period. There are also a
variety offands such as water, sewer, airport, landfill, parking and a general fund. Each of
these funds are independently kept and revenues and expenditures from these funds are
calculated. There is also a cash management policy. The City has a portfolio with $12-15
million dollars worth of investments per year. The director of finance oversees these
investments. The City is somewhat restricted in their investment capabilities in
comparison to the average person who is in the market to invest. The City can pretty
accurately look to these investments with a fair amount of accuracy. The City needs to
use this portfolio to of set taxes and also because the City gets paid only twice a year. The
actual process includes the department directors planning, preparing and submitting a 3
year budget plan. The City Manager, the department director and the finance director
review the plan and that information is then packaged into the City Manager's
recommended budget. The City budgets for 3 years but only one year can be
appropriated. This budget is then brought to City Council and they review it. The budget
must be adopted by the 15th. The budget is also used as an operating document which
enables each department director to determine the cost of day to day operations. It is
also used for a debt management plan to make long term projections. Another important
document to the City's long term financial health is the Comprehensive Annual Financial
Report. This document has information critical to the City's credit rating and when
borrowing occurs this is the document that creditors review. The City currently has the
best credit rating available.
_2)Flow Can Nei~,hborhoods l:l. ave Involvement with the Citv's Budget Process?
City Manager Arkins stated that neighborhood associations should organize a list ofideas
of the things they would like to see get done. If the neighborhood has a special project
interest the association needs to let the City Manager know. It is best to let the City know
as soon as possible. It's a good idea to write letters and let the local government officials
know what it is that you want done in the neighborhoods. M. Klingaman brought up the
issue of a tree planting for the neighborhoods and how would the City address the
additional trees that must be cared for. Her question was targeting the issue of additional
staffing for the maintenance of the trees. S. Arkins responded that there probably would
be a contract put out for bids to companies that would guarantee and be responsible for
the maintenance of the trees. Currently, there are 15,000 trees in Iowa City that are being
maintained. Using the contract/bid method makes it easier to package and maintain the
tree planting project. The City Manager encouraged neighbors to write letters to
contractors if they are doing a good job because usually contractors have an adversarial
relationship with neighborhood residents. S.Atkins also told neighborhoods that it is a
good thing to package bids together because its easier to get a good price when the
volume is higher. S. Atkins responded to a question posed by M. Klingaman with regard
to neighborhood contact with various city departments in charge of particular projects. S.
Arkins stated that neighborhoods really don't have to deal with various departments but
instead should deal with Marcia because she is more likely to find out information faster
than they would.
3. Park Develovment
$15,000 per year is budgeted for park equipment. When equipment is needed it is simply
taken from the budget. S. Arkins also said that the council would like to see if the
requests that are made are reflective of the neighborhood groups or one person in
particular.
4.Caoital Imorovement Pr0iects (CIP)
The process for CIP's are on a six year plan. These projects must be put together in such
a way that coordination is needed between a number of jurisdictions and some borrowing
must occur, etc. Essentially, projects are prioritized. Most projects include long term
consequences, take time to plan, involves debt and usually is something that must be
addressed quickly because it is causing some type of problem.
S. Arkins suggested that the best way to get something done for the neighborhood is to
get 15 to 20 or more residents from the neighborhood and determine what it is you want
to get accomplished. There should be a list with major and minor projects that have been
prioritized. Currently, in the CIP there is a 19 million dollar budget. In order for a project
to become a CIP, it must be looked upon as a fixed asset. (i.e. does it have a life span of
at least 5 years or more) Generally, if it improves the overall status of the area or quality
of life than it can be viewed as a CIP.
5.The Park Land Aeauisition Fund
This fund was created as a result of Central Junior High School being demolished and
the property being sold with a portion of the money ($175,000) being placed in the Park
Land Acquisition Fund. A portion of the Hotel/Motel Tax is also contributed to this
fund. The PLAF has been the domain of the Parks and Recreation Commission. Council
has with some frequency stated that the money is not being used and currently there is
$500,000 in the fund. 9 or 10 acres were purchased to add onto the Weatherby Park one
year ago. The fund is intended for land acquisition but not necessarily for development.
There is a park development account in which the council sets aside $50,000 to do park
development as opposed to the land acquisition. Discussion ensued with regard to
maintenance of small parks and S. Arkins stated that when there is a small park he
recommends to T. Trueblood that the maintenance get contracted out. The City takes
care of the equipment. A discussion also ensued regarding the option to get cash instead
of land from developers. A meeting member asked whether or not neighborhood
associations can protest to get the land instead of money. The response was yes this is
possible. The best way to approach it would be to protest the zoning change and M.
Klingaman said that would you would need to work with Parks and Recreation. S. Arkins
suggested that the neighborhoods also work with boards and commissions. Some
discussion occurred regarding the use of PLAF for the continuation of park trails and S.
Atkins said that this was permissible. However, there was a request for a specific trail
(Iowa River Trail) and S. Arkins stated that this trail had been budgeted for already.
6. Other Issues and Concerns
City Manager AtEns told the association that there is a movement to have beat officers
patrol each neighborhood. This officer would be specifically assigned to a particular
neighborhoods. This would enable officers to become specifically aware of one
neighborhood and know the residents and specifics of that neighborhood.
The City Manager also brought up the issue of gangs that have infiltrated the Iowa City
area. He said that law enforcement officials are aware of their presence and are working
on alleviating this problem.
Meeting members discussed various aspects of the Mary Sue Coleman letter. There were
some suggestions regarding the format portion ofthe letter. The members agreed that it
3
would be best to let M.S. Coleman's office know that format portion of the letter is only a
suggested way in which to run the meeting. The Neighborhood Council is open to other
suggestions relative to the format. Other editing corrections were also made.
NEIGHBORHOOD COUNCIL OF IOWA CITY MEETING MINUTES
Meeting Place
1029 COURT STREET, IOWA CITY, IA
Meetin~ Date & Time
September 4, 1996
7:00-9:00pm
Representatives:
Neighborhood Services
Marcia Klingaman
Erika Cooper
Neighborhood Associations
David Dawes- Pepperwood
Pain Earhardt- Longfellow
Ruth Baker- Miller Orchard
Larry Kamiski- Penny Bryn
Kate Klaus- Goosetown
Michaelanne Widness-Melrose
Judy PfohI-Tyn Cae
Denise Watkins-Friendship
Mary Lewis-Brentwood
Marcia Mekeson- Ty'n Cae
lHntroductions
Marcia Klingaman opened the meeting with introductions. She introduced Erika Cooper
and informed all the members that Erika would be available to facilitate neighborhood
associations while she was away on maternity leave. Each member present stated their
name and the neighborhood association they represented.
2)Discussion of. Upcoming Meeting with Mary Sue Coleman, President of the
...Universit~ of Iowa
Marcia stated that the meeting with Mary Sue Coleman is scheduled for November 11,
1996. She wanted the Council to develop topics for this meeting and to generate ideas to
discuss. The goal as she stated, was to create a number of topics for discussion and
forward these topics to M.S. Coleman's office in preparation for the meeting. This will
enable M.S. Coleman to respond appropriately and direct particular questions generated
by the neighborhood representatives to specific people on her staff. David Dawes of the
Pepperwood Neighborhood said that as a group the Council needed to develop an outline
of issues and or concerns brought to their attention by neighbors to be discussed at the
meeting. D. Dawes stated that they should have an outline prepared by the end of
September to forward to M.S. Coleman's office. He also informed the Council members
that Jim Throgmorton has accepted the position as moderator of the meeting between the
Council and Coleman. He gave some background on Throgmorton stating that he is a
professor in the Department of Urban and Regional Planning at the University of Iowa.
3}Tovics for Discussion
D. Dawes informed members of a number of topics that Throgmor~on suggested for
discussion. Topics included:
1. Expansion plans- particularly those due to occur to the west of Iowa City
2. Development possibilities that may be octtaxing near the Capitol Street area. (south of
Court and West of the Iowa River)
3. The possibility ofextending the trail by the Iowa Memorial Union
4. Increased involvement between neighborhoods and the University with respect to
economic development and business endeavors with private companies.
A discussion ensued when a meeting member informed other members that the University
has a 20 year sports and recreation facilities plan that proposes that any new development
that occurs should occur near Finkbine. Plans had been developed to install a
bike/pedestrian path which will run east/west near the Hawkeye Court Apartments and to
build a hotel and convention center north of West High School. She stated that all these
plans have already been made but that nobody has been informed about them. The
meetings regarding these various developments are not well publicized. D. Dawes told the
representatives about the economic development plan that the University has in place. He
stated that he wanted to talk with members of the University and discuss in more depth
how these plans directly impact the Iowa City/Coralville area. Judy Pfohl stated that she
wanted the focus to remain on the neighborhoods. She questioned the role of the
moderator and Dawes interjected by stating that there needs to be some ground rules as to
the topic areas that will be addressed. Issues that were suggested were parking and
student housing's impact on the neighborhood.
4) Format for Discussion
A discussion ensued as to how the forum between the neighborhood council and MS
Coleman would be established. J. Pfohl suggested that participants write their questions
and then the questions be given to the moderator. She stated that this type of process may
alleviate long winded, emotional question and answer sessions. It was also suggested that
someone such as M. Klingaman or D. Dawes give a brief overview regarding the history
of the neighborhood associations and Iowa City. This would then lead into introductions
of panel representatives. Various Council members said that they would like to see
particular issues addressed at the meeting. Another meeting member said that the
University needs to address pedestrian and rental housing polices and how they impact the
surrounding neighborhoods She also stated that the Council should send a note of
appreciation to M.S. Coleman for agreeing to meet with the associations since past
administrators did not. D. Watkins state that she would like to know how the regents
decisions impact the planning process. L. Kamiski stated that the Council needs to be
very specific in their questions to encourage M S. Coleman and her staff to give direct
responses.
There is a need for the Council to be informed about endeavors that the University is
undertaking. It was suggested by M. Klingaman that the Council state their goals of what
they want from the University. It was agreed that they want the lines of communication to
be open. The group also came to a consensus that the University should have a liaison
person similar to M. Klingaman. This person would keep the neighborhood associations
and council informed of University activities that would impact particular neighborhoods.
2
D. Dawes and P. Earhardt stated that there needs to be more communication between
neighborhoods and the University. They also suggested that there be more interaction
between foreign students, graduate students, neighborhoods and the University.
P. Earhardt said that there are not enough outlets to expose foreign students to American
culture. D. Dawes suggested that there should be some son of extension that allows
graduate and foreign students to interact with neighborhood associations and currently
there is not such an entity.
5} Possible Outcomes of the Meeting
The Council discussed some of the possibilities or outcomes of this meeting. Members
felt that a positive outcome may result in an invitation being extended to them to meet
with others within the University. All agreed that ifit should occur they would have to
delineate who would cover or represent particular areas or issues (ie. representatives for
parking, hospital development rental housing, and pedestrian policies). Alter additional
discussion members felt that a representative may not be reflective of each and every
neighborhood. Therefore, it was decided that they would address that issue if an
invitation was emended by the University
6) Format of the Meetinff
Meeting members were reminded that the entire meeting (discussion and questions)
should only be one and a half hours. Issues regarding the media were addressed.
Members decided that since the meeting was a public one that the t.v. news and
newspaper groups would probably be present. However, it was also agreed that the
Council would request from the news channels that they only use their cameras and lights
at the end of the meeting. Members also felt that the chairs and tables should be in a semi-
circle formation and that there should be neighborhood map or NCIC backdrop visible.
The use of microphones was also deemed necessary.
There was continued discussion regarding the approach the council would use during the
meeting. It was established that the council should be careful not to have an "us against
them" mentality. Instead, the council suggested that an emphasis be made on facilitating
open lines of communication. The goal is to clarify miscommunication and misinformation
between the University and neighborhoods. P. Earhardt also wanted to stress the fact that
the University's development directly impacts the surrounding neighborhoods. M.
Klineamen stressed the fact that this meeting could be the determining factor on how
subsequent meetings turn out. Marcia also said that this meeting would be a good one to
pose questions about how things get done- what are the processes that have to take place.
P. Earhardt suggested that the University look to other college towns as case studies for
examples of good and effective "town/gown" relationships. It was suggested that this be
a field trip. It was also agreed upon that a file should be created regarding this matter.
7) Budeet Discussion with Steve Arkins, City Manager of Iowa City
Marcia informed meeting members that City Manager, Steve Arkins would like to get
some idea of the types of questions the neighborhood associations had regarding the
budget process for the next meeting. She stated that what she had heard from the group
was that they were interested in knowing what was included in the budget. Issues such as
funding, resources and manpower were at the top of the list. Other issues included:
1. Long range development and capital improvement plans. A discussion ensued among
meeting members regarding how growth and development are taken into account when
budgets have already been made and agreed upon. How does this growth impact capital
improvement plans that have already been initiated and budgeted for? Does additional
staffing become necessary and how does that impact the budget?
2. How the City accommodates new growth and how neighborhoods can have their input
included with regard to budget.
3. The NClC's interest in how budgeting is determined for various things. Group
members particularly focused on the parks and recreation budget. Many of the members
were interested in having the parks and recreation budget more specific in order to have
funds funneled to specific parks. They stated that they would llke to see the budget be
more exact. Examples were discussed and members thought that it would be beneficial if
funds were to go to particular parks that may need specific types of improvements.
Members felt that this type of specificity should be delineated in the parks and recreation
budget.
4. Discussion of the park land acquisition fund. Members were interested in the process
for requesting money from this fund. It was noted that currently there are not any specific
uses for this money.
5. Interest in having additional trees planted in the neighborhoods. Members noted that
some of the trees have been dying perhaps as a result of the extreme weather conditions
that have existed in the past couple ofyears. Ifadditiona~ trees were to be planted this
may call for additional forestry staff. Would this be possible?
6. A general overview of the budget process- how things get funded.
8~ Discussion Re. gardine Ooen Snace
A discussion ensued regarding the open space ordinance in Iowa City which states that for
every amount of open space that is utilized for development a fee must be paid by the
developers in lieu of the reduction in open space. Members stated that they would like to
draft a letter which states to the City that they would rather keep the land instead of
receiving a fee for it from developers. P. Earhardt agreed to generate a letter reflecting
the views expressed by the neighborhood representatives.
9[ Closim~ Remarks
The meeting closed with members agreeing that the next meeting would be held on
September 25, 1996 at Judy Pfohl's home at 2229 Abbey.
IOWA CITY/COR_ALVILLE
ANIMAL CONTROL ADVISORY BOARD
WORK SESSION
DECEMBER 16, 1996 6:30 PM
CORALVILLE CITY HALL
1512 7TH STREET
The lowa City/Coralville Animal Control Advisory Board will meet with a
citizen committee to work on the proposed permit ordinance.
The board will also briefly discuss;
1. Proposed budget
2. Proposed shelter renovations of the old section
3. Trust donation and suggestions for uses
4. Wild animal reflector warning system for Dodge Street
7o~ I0¥A ClH EI~R~ ['~oe~ Jo Bogazl:¥ 1~-04-9b ~,~Ja~ p. ¢ o~ ~
Johnson Courtly
Don Sehr, Chairpc'rson
Joe Bolkcom
Charles D. Duffy
Stephen P. Lacina
Sally Statsman
BOARD OF SUPERVISORS
December 5, 1996
1. Call to order 9:00 a.m.
FORMAL MEETING
Agenda
3.
4.
5.
Action re:
9:00 a.m.
Action re: claims
Action re: formal minutes of November 26th.
payroll authorizations
Informal Informational
budgeffdiscussion.
Hearing re:
FY
'98
i
6. Business from the County Auditor.
a) Action re: pemdts
b) Action re: reports
Other
7. Business from the County Attorney.
a) Executive Session to discuss strategy for collective bargaining with
S.E.A.T.S., Ambulance, Social Services and Secondary Roads
bargaining units.
b) Report re: other items.
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350
TEL: (319) 356-6000
FAX: (319) 356-6086
Agenda 12-5-96
Page 2
Business from the Board of Supervisors.
a) Motion authorizing letter of support from Board of Supervisors for the
Annie E. Casey grant in the amount of $24,000.00 for a family to family
initiative for foster care.
b) Other
9. Adjourn to informal meeting.
a) Discussion re: meetings scheduled for the weeks of December 22nd
and December 29th.
b) Discussion re: meeting with Area Legislators.
Discussion re: meeting with Computer Needs Committee.
d) Inquiries and reports from the public.
e) Reports and inquiries from the members of the Board of Supervisors.
Report f~om the Coun~ Attorney.
Other
10. Adjournment
AREA LEGISLATORS AND JOHNSON COUNTY ELECTED
OFFICIALS/DEPARTMENT HEADS MEETING ON DECEMBER 7, 1996
AT 9:00 A.M., ADMINISTRATION BUILDING, BOARD MEETING ROOM
:MAT:ONE'S TURNAROUND P'--LAN
TCI Creates Three Divisions, Sees DBS as Most Immediate Threat
By JOHN M. HIGGINS
TelexCommunications Inc
continued to shake up its
operations. end the
whole industry, by reorganiz-
ing its system operation and
raising queetiouz on how ag-
gressively the company will
now follow through on its boasts.
to create new businesses.
TCI sliced and diced its op-
erations last Wednesday by
establishing three new divi-
sions that segregate systems
by their prospects for new
businesses and the threats
that they fac~ from competi-
tion. The systems are being
classified Ioo~,ly a~ follows:
high-end demonstration prop-
ertie. a, serving about I million
customers; low-end rural and
small-town systems, serving
around E million homes; and
other large urban and oubur-
ban systoma, serving about 8
A second restructuring wave,
which TCI employees fear will
result in layoffs, has not been
finalized.
But cable and Wall Street
executives last week focused
primarily on the fallout from
TCI president and CEO John
Maloue'e disdesure two weeIra
ago that he would ~ Imck
TCI's sapital spending and ~
tern-rebuild plans. Malone
pledged to turn around TCI's
free cash flow to $750 million to
$1 billion in 1997 from an esti-
mated negative $300 million to
positive $200 million this year.
A key premise underlying
TCI's moves is Malone's con-
tention that the menace of
competition is abetlog. While
the dozens of channels offered
by direct-broadcast satellite
services are an immediate
threat. particularly to small-
town. low-capacity systems.
Malone sees the threat from
telephone companies as sub-
stantially reduced from a
year ago.
Attendees at Bear Steares
& Co.'s media conference in
Phoenix two weeks ago quoted
Malone as saying that outside
of a few head.to-head battle~
telephone and cable companies
"will snarl at each other over
TCI Will Focus on Digital in Restructuring
flu, fi,nce and tc~.~ a couple of
, ,,~ pi~ nt ench other." but ~ey
~ dl ,mr eng~e in full-~ale w~.
'l'( '}'s s~nding shnvdowu h~
:,{,,uuly n~'ked the s~ of
,dh,'r o~rnto~ and ~uipment
~.n,h,m Now. TC{'s pa~nc~
d,,. (~'! bmu' Networks inc. high-
-{..~1 darn selwi~ a~ ~vo~
tirol Mainhe's rebuild s{ow-
,Im~, ~u{d snag the p~ of
We're ~{~ng on them for 8
4*ndy ~llout~ ~id an ex~u-
I~ve ~vith one pawnee.
With ~! ~ing
51S0 to exp~ skepticism
nl~,nt cable~ ent~ in~ ~e
phane b~
.q~n & ~.
md}sok for ~rs ~l~ny
~ut mo~ de~l* eme~ on
how ~o~ly M~one
offer su~ ex~d~ p~
~nmming tie~ -- at a p~.
~m~ ~d ~I had ex~
h~ roll out
.~n'i~ in a~ut 40 m~k~
noxt yeRr. but M~one is
pushing that number to moro
than 100.
Part of that digital expansion
rests on signal-~ompre~ion
technology developed by IMe-
dia Corp.. a San Fran~
based firm that can purport-
edly ~quseze 24 d/gitsl video
charmels into the space now
needed for a conventional 6-
megahertz analog channel.
Such a dramatic bocat from the
8-~-1 rompre~ion ratio avail-
able through General L'~tra-
merit Corp.'a DigiOiphec ~
would allow Iow-c~padty
their offefing~
"Malone has rovereed
whole strategy," said Mont-
gomery Securities media
'Competition is roally only with
the s~teilit~ guys, so all we nesd
is more channels.' !t turns the
whole world ul~ide downy
But Robert Thomson, TOI'a
senior vica president ofcommu-
nications and palicy plarming,
said the spending ~utback dsas
not signal a dramatic rovereal.
'We've always ~id that we
would roll out new senrices as
they begin to 8tmtain their own
The reorganization plays into
TCI'a new product plan~. The
bulk of the sy~tsms will remain
under Barry Marshall, cur-
r~ntly executive vi~ president
and CO0 d TCI Communica-
tions Inc., its system unit.
Those properties -- including
large clusters like Miami,
Houston and metro New York
City -- need to improve in mar-
keting and customer spending,
but they don't have the heavi-
est cash demands.
The 'demonstration" unit --
to be run by Barbara Mowry,
currently senior vice presi:
dent of customer satisfaction
-- will consume cash~ with
new products burning
through money for intensive
advertising, hand-holding of
new customers, training, mar-
ket research and technical
suppert.
But cable and financial exec-
utive~ see TCls ~a~aditionai"
syetenm as cash cows. Those
properties are least likely to
face competition from tele-
phone and wirele~ cable cam-
ponies. They have the weakest
prcepects for new high-end ser-
vices, but also the lowest churn,
highest penetration, lowest dr-
manel for marketing dollars and
highest cash-flow mnr~i,t~.
So TC! has dmlk'd Ibmmr
United Artists Cablesystems
Corp. president Ma,~'in ,Ioncs
r~m the properties. outfitting
them for file All TV digital tic,.~ in
order to keep custome~.s fi~m{
fecting to DBS, but otherwLse not
upg~mding them.
All three executives will be
presidents of their divisions.
but their units have not
been named. The lines are not
perfecUy clear. To try. to adhere
to Tcrs current regional struc-
ture, Jones -- whose dfill-
sergeant persona is considered
just fight for milking the small-
to*n properties -- will also
have some larger properties in
his portlolio, such as Salt Lake
City. At the same time. Mar-
shall will have some rural mar-
kets, such as western New Jer-
sey, as well as suburbs.
Thomson also said analysts'
characterization of Jones' group
as cash cows is incorrect. 'We'll
be spending a lot to roll out All
TV in those systsms.' he said.
One big question mark is
IMedia, the technology of
which was sent to TCI's Head-
end In The Sky facility in Den-
ver two weeks ago for tests. If
it works, as anticipated. TCI
and other operators could set
aside four cable channels and
offer up to 96 different
movies.
It works by using complex
software algorithms for "vari.
able bit rate' encoding of MPEG-
2 compressed video into digital
strayings. then applying a tech.
nique called "statistical multi-
plexing~ te more effectively use
available bandwidth. said
.adam Tom. vice president of
business development and a
founder of IMedia,
Even more channels will be
enabled as operators mig-rate
toward 256 QAM (quadrature
amplitude modulationL the
faster, younger brother to to-
day's 64 {}AM.
Physically, the IMedia soft-
we. re resides at the digital video
encoder and, in TCrs case. it is
fed to Grs "ITEM 1000' device,
which adds encryption and
oses control.
The bit stream is demulti-
plexed and decoded at the set-
top box. But kkeptics wonder
whether IMedia's technology --
still in its early stages -- will be
able to deliver on its promise
when it comes out of the lab
and into the real world.
"This falls into the 'sounds
too good to be true' department
for me.' said Jeff' Sadler, an an-
alyst with Equitable Securities.
David Beddows, senior vire
president of TCi Technology
Ventures and a lead executive
at TCrs HITS facility, said work
still remains to deterwine the
best multiplexing ratio and to
integrate IMedia's software
with that of other vendors. m~
Leslie Ellis contributed to
this story.
Ne~~. Iowa..~
Tom Carson
VISN ~4 Director
December
~ p.m. to 2 p.m., 4E-08
Iowa City VA Meclical Center
60~ I-Iwy 6
meeting
comments
Iowa ancl Illinois.
(3:19)339-?:104 b.~ December ~, ~99S.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 6, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~
Meeting with Shaw Family Attorneys; Clarification
Based on some misinformation in the media, I wanted to let you know that the meeting
scheduled January 17, 1996 between the City and the Shaw family includes only the following
persons: Mike Bertling, John McLario (of Wisconsin); Robert Van Vooren and Amy Snyder
(Davenport), attorneys for the Shaws; Steve Ruetter, Claims Specialist for the St. Paul
Insurance Company; and myself as City Attorney (together with one or two of my Assistant City
Attorneys).
Please call if you have questions. However, I will be in Chicago on Monday and Tuesday,
December 9-10, 1996 on family matters. Otherwise, you may speak with any of my Assistant
City Attorneys.
cc: City Clerk
City Manager
Assistant City Manager
City Attorney Office Staff
File
[nw~,l - 1 ?mtg mrno
~Johnson County SEATS Tour and Ridership Summary Report for 07/01/96 to 09/30/96
Total tour minutes this report: 236401.07 Total revenue minutes452591 (7543.18 hours)
Total passengers this report: 22114 Overall passengers/revenue hour:. 2.93
Allocated To Iowa City:
Iowa City Riders: 12793 (57.85%) - 137553.36 tour minutes (58.19%)
Nelson IC PassenQers: 3890 ¢17.59%) - 28188.48 tour minutes (11.92%J
Iowa City total: 16683 passengers (75.44%) - 165741.84 tour minutes (70.11%)
.Allocated To Coralville:
Coralville: 1907 (8.62%) - 26982.25 tour minutes (11.41%)
Nelson CV Passenqers: 78 (.35%) - 1083.69 tour minutes ¢.46%)
Coral,,ille total: 1985 passengers (8.98%) 28065.94 tour minutes (11.87%)
Allocated To Johnson Count~,
Rural Passengers: 2577 (11.65%) - 38864.6 tour minutes (16.44%)
Nelson Rural: 76 (.34%) 1398.97 tour minutes (.59%~
Johnson County total: 2653 passengers (12%) - 43083.57 tour minutes (17.03%)
Allocated To University Heights:
University Heights Passengers: 229 (1.04%) - 2329.72 tour minutes (.99%)
Not Allocated (Fully Funded through Contracts):
Systems Summer Program Passengers' 474
HACAP Passengers: 72
Lone.Tree Care Center: 125
Elded,/.Medicaid Waivers 2
Not Allocated total' 673 passengers
Note' passenger count for these funding sources i~ not part of the total at the top of this page.
Address
FS Co!~ct Tr,pt,~n Tou'share
:O Rx:lers FO
Address
FS Coifoct Tnp*%ln Toufsha,
page 603
IO I:~lers FD Address
Su,m-,ary by date:
960929
FS Collect TripMn Tourshere
D Riders I'D
Date: 960930
Rou[e ~:1
7257
25~5
4118
Address
FS Collect T~ip~n Tourshare
page 604
APPENDIX
The method by which key figures were derived is outlined below, by section:
EXPENDITURES TO BE ALLOCATED BY ENTITY (paqe 11)
Method 1 ~ based on % of passengers per entity
This is a simple allocation of expenses based upon percentage of
passengers per entity. For example, Iowa City and Nelson Iowa City
together account for 78.77% of all passengers. Thus, 78.77% of
$911,974 is allocated to Iowa City by this method.
Method 2 ~ based on % of trips per entity
Like the above method, but instead based upon the percentage of trips.
A trip is defined as common pickup and destination points, regardless of
the number of passengers.
Method 3 m based on % of tdps per entity weighted by avg. trip length in time
This method compares the average trip time per entity with the average
trip time overall and weights the % of trips by that factor. For example,
Iowa City averages roughly 18.63 minutes per trip, approximately 89.9%
of the system average. Nelson Iowa City trips average approximately
134.5% of the system average. Each of these figures is multiplied by the
percentage of trips and then added together to come up with an allocation
of expenses figure for Iowa City:
((.899 * .68703) + (1.345 * .095724)) * $911,974 = $681,142
Method 4 ~ based on the % of system resources used by entity (% of tour
minutes)
Method 4 is by far the most accurate way to allocate expenses. It was
derived by taking the entire sample of 1567 trips and grouping them
together into what I call "tours." In the sample data on pages 20-50, each
tour is identified by alternating bands of gray and white. The total length
of time that the vehicle took to complete the tour is divided up between
the entities served in each trip in the tour. For example, the tour
containing trips 126 and 127 serves both Iowa City and Rural. The tour
lasts from 4:32 p.m. to 5:05 p.m., a total of 33 minutes:
APPENDIX
Iowa City trip: 4:32 4:57
Rural trip: 4:45 5:05
Iowa City is allocated 100% of the tour time between 4:32 and 4:45.
Rural is allocated 100% of the tour time between 4:57 and 5:05. Iowa
City and Rural are each allocated 50% of the tour time between 4:45 and
4:57, when the trips overlap each other.
Allocation to Iowa City:
13 minutes plus % of 12 minutes (6 minutes) = 19 minutes
Allocation to Rural:
8 minutes plus ~/~ of 12 minutes (6 minutes) = 14 minutes.
The total of all tour minutes per entity is added and then divided by the
total tour minutes for the whole system to arrive at the percentage of tour
minutes used per entity. This percentage of expenditures is then
allocated to the entity. For example:
The total of Iowa City's tour minutes, including Nelson Iowa City
trips is 14,784 minutes, or 72.56% of the total. Thus 72.56 percent
of $911,974 ($661,724) is allocated to Iowa City by this method.
SEE APPENDIX FOR EXPLANATION OF FORMULAS
EXPENDITURES TO BE ALLOCATED BY ENTITY
Method 1 -- based on % of passengers per entity
Iowa City Coralville
718,410 89,446
U Heights Johnson Co. TOTAL
8,519 95,599 911,974
Method 2 ~ based on % of ~ps per entity
Iowa City Coralville
714,098 100,684
U Heights Johnson Co. TOTAL
10,476 86,716 911,974
Method 3 -- based on % of trips per entity weighted by avg. trip length in time
Iowa City Coralville U Heights Johnson Co.
681,142 116,784 7,923 106,125
TOTAL
911,974
Method 4 -- based on % of system resources used by entity (% of tour minutes)
Iowa City Coralville U Heights Johnson Co.
661,724 114,777 7,421 128,052
TOTAL
911,974
SYSTEMS UNLIMITED CONTEACT CREDIT BY ENTITY
Iowa City Coralville U Heights Johnson Co. TOTAL
(24,378) (622) n/a n/a (25,000)
DONATIONS CREDIT (PROJECTED)
Iowa City Coralville U Heights
(27,640) (9,016) (1,148)
Johnson Co. TOTAL
(5,610) (43,4'!4)
Prepared by Johnson County SEATS 12/12/95
Page 11
Example- Allocating Expenditures by Entity Using Method 4 (% of tour minutes)
Iowa City Coralville U Heights Johnson Co.
661,724 114,777 7,421 128,052
(24,378) (622) n/a n/a
(27,640) (9,016) (1,148) (5,610)
609,706 105,139 6,273 122,442
Expenditures Allocated
Systems Unlimited Contract Credit
Donations Credit (projected)
TOTAL TQ BE ALLQCATED
Prepared by Johnson County SEATS 12/12/95
Page 12
To, IOWA CITY CLE~ Froa, Jo Ho~nt¥ 32-0946 O,2$am p. 2 of 3 4~
Johnson
Don Schr, Chairperson
Joe Bolkcom
Charles D. Duffy
Stephen P. Lacina
Sally Slutsman
BOARD OF SUPERVISORS
December 10, 1996
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review ofthc formal minutes of December 5th.
Business from Jeff Davidson, Executive Director for Johnson County
Council of Governments.
a) Discussion re: second six month extension to the Para Transit contract
between the City of Iowa City and Johnson County.
b) Discussion re: agreement between Iowa City, Coralville and Johnson
County, Iowa for the preservation of Highway 965 Corridor between
Highway 6 and Highway 1.
c) Other
4. Business from the County Engineer.
a) Discussion re:
b) Discussion re:
c) Other
Sand Road ISTEA Archaeological project.
purchase of used truck.
5. Business from the Physical Plant Manager.
a) Discussion re: remodel courthouse garage.
b) Other
913 SOUTH DUBUQUE ST.
P.O BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
FAX: (319) 356-6086
To, I0¥~ CItY C~ ~zoa: Jo ~oga~lV 12-0~-96 8~25aa p. 3 o~ 3
Agenda 12-10-96
Page 2
6. Business from the County Auditor.
a)
b)
c)
d)
Discussion re: resolution transferring from the General Basic Fund to
the Capital Expenditure Fund.
Discussion re: resolution transfemng from the General Basic Fund to
the Capital Expenditure Fund.
Discussion re: resolution transferring from the General Basic Fund to
the Capital Projects Fund.
Other
7. Business from the Board of Supervisors.
a) Reports
b) Other · '
8. Discussion from the public. ~'~
9. Recess.
ClT)'OFIOl~ITY
INFORMATION PACKET
December 13, 1996
iP1
IP2
IP3
IP4
IP5
IP6
IP7
IP8
IP9
IP10
IPll
IP12
IP13
IP14
IP15
lP16
IP17
IP18
IP19
December 16 WORK SESSION AGENDA ITEMS
Memorandum from PCD Director: Scott-Six Industrial Park
Memorandum from Planning & Community Development Assistant Director and City
Engineer: Iowa River Corridor Trail from Burlington Street to Sturgis Ferry Park~(~
Determination of Capitol Improvement Program Priority
Memorandum from Finance Director: Request to Give You Feedback on Alternatives to
the Qualifications for Low Income Assistance Programs L],~c'~O
MISCELLANEOUS ITEMS
Letter from City Manager to Cathie Berglurid: West High Traffic Light
Letter from City Manager to Pain Ehrhardt: Summit Street Traffic
Letter from Assistant City Manager: Cable TV Issues
Letter from Linda Walshire to TCI: Cable TV
Memorandum from Asst. City Attorney Mitchell: Requests for Legal Opinions
Letter from Iowa City Community School District to Mayor: West High Traffic Light
Memorandum from Council Member Kubby: Shaw Shooting
Memorandum from City Manager: Downtown
Memorandum from City Manager: Stormwater Quality Management
Memorandum from City Manager. 505 E. Burlington Street, Iowa - Illinois Manor - EPAZ'/~o~
Superfund Site ~ ICON Article '11114196
Memorandum from City Manager: St. Pat's Parking Garage - Update
Memorandum from City Manager: Martin Luther King Day Z/c~;~ 7
Memorandum from Asst. City Attorney Mitchell: Update on Request to Close Alleyway in /'//c~
Strohm's Addition
Memorandum from City Clerk: Council Meeting Schedule for 1997
Memorandum from City Clerk: Upcoming Meeting Schedule
Memorandum from City Clerk: December 3 Work Session
IP20
IP21
IP22
IP23
IP24
IP25
IP26
IP27
IP28
IP29
Memorandum from City Clerk: December 4 Joint Meeting of City Council and Johnso~//~
County Board of Supervisors
Memorandum from Asst· Director, Dept. of Planning and Community Development:
Approved Iowa City Residential Neighborhood Traffic Calming Program Evaluatioz~
Criteria
Agenda: December 18 Downtown Strategy Committee Meeting
Memorandum from PCD Director and Economic Development Coordinator. December 18,
1996, Downtown Strategy Committee Meeting
Letter from Victoria Gilpin to Downtown Association: Skywalk Z~Z//
Draft of Resolution: Supporting the Reversal of State Preemption of Local Tobacco-
Related Ordinances (Novick)
Letter from Director of Parks and Recreation: Booklet Corrections ~c~..~
Press Release: Holiday Season Suggestions
Agenda: December 12, 1996, Johnson County Board of Supervisors Formal Meeting
FY97 Comparison of Budget to Actual Revenues Expenditures and Cash Position for/~/'c~/~
Operating Funds (Council Packets Only)
Memo from City Clerk, Risk Manager, and Asst. City Atty. regarding Z~/?
pedicab insurance.
Memo from Director of Parking & Transit regarding Transit Building Update.
Copy of information from Gerald Carroll regrading TCI.
Memo from City Attorney regarding duty to defend City Employees; Shaw
incident.
Memo from Recreation Superintendent t~ P&R Comm. regarding Low Income Fees.
Agenda for the 12/17/96 Informal meeting of the Board of Supervisors.
Memo from City Atty. regarding update on legal opinion regarding
land east of the City Cemetery.
Article: Teens, take warning: State plans to get tough. (tobacco,
alcohol, gambling)
Letter from Iowa League of Cities regarding mail-in ballots.
Memo from City Clerk regarding meeting schedule for January, February,
and March 1997.
Copy of a resolution supporting the reversal of state preemption of
local tobacco-related ordinances.
Letter from Citizens' Aide Ombudsman regarding citizen/police review board.~,5~
Hayor's Statement regarding the Shaw SHooting Incident (read 12/17/96)
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 12, 1996
City Manager and City Council ..~./~.` ;~i~ ~
Karin Franklin, Director, P~D ,~,"~'-'//'"
Scott-Six Industrial Park
On August 29, 1996, we received an application from AI and Mary Jo Streb for a preliminary plat
in the County for Scott-Six Industrial Park. This is a 41-1ot subdivision on 140.5 acres east of
Scott Boulevard, north of Highway 6, and south of the Iowa Interstate Railroad tracks.
Prior to receiving this application the staff had numerous conversations with the applicant about
the development of this property for an industrial park. We expressed our desire to have the
property within Iowa City's corporate limits and for its development as an industrial area. Those
discussions began in 1995 when the Strebs purchased the property and pursued rezoning to
commercial for a portion of it. As the Council may recall, we worked with the Strebs and the
County to amend the zoning change from commercial to M-l, manufacturing, under the Cuunty's
zoning ordinance. This classification within the County ordinance permits industrial as well as
commercial development. Our effort was to include this property within Iowa City under an I-1,
industrial zoning to ensure its development exclusively as industrial. Our conversations with the
Strebs continued until October 1996 when negotiations broke down. The issues we had been
discussing were annexation, zoning, the possibility of a tax increment financing district, and
control of land costs. The negotiations broke down over the issue of zoning.
At that point, the Strebs pursued their plat through the City and County Planning and Zoning
Commissions. On October 17, the Iowa City Planning and Zoning Commission recommended
demal of the plat based on design, lack of compliance with City standards, and the presumption
that municipal sewer and water would be provided to this property while it was still within the
County jurisdiction.
Discussions with the property owner via their attorney resumed on November 25, 1996. As a
consequence of those discussions, and discussions the applicant has had with members of the
City Council, we would like to bring before you, at your work session on December 16, a proposal
for annexation, zoning, and development of this property which represents a compromise of the
interests of Iowa City and the Strebs. This project will need to go back to the Planning and
Zoning Commission. However, prior to that, the Council's input and guidance would be helpful.
At the work session, I will present the particulars of the plan and the issues which require informal
Council concurrence.
cc: Robert Downer
AI & Mary Jo Streb
Bob Miklo
City of Iowa City
MEMORANDUM
Date:
December 12, 1996
To:
From:
City Council
Jeff Davidson, Assistant Director of Planning and Community
Rick Fosse, City Engineer
Re;
Iowa River Corridor Trail from Burlington Street to Sturgis Ferry Park
Determination of Capitol Improvement Program Priority
On October 18, we discussed with you the cost estimate that has been prepared for the Iowa
River Corridor Trail from Burlington Street to Sturgis Ferry Park. Two factors have led to
additional expense on this project: (1) Extension of the trail from Highway 6 to Sturgis Ferry Park,
and (2) our attempt to minimize the impact on adjacent property owners by moving the trail as
close as possible to the Iowa River. Our estimated total expense is now $1.3 million, not
including easement acquisition. Much of this expense is for retaining walls along the segment
of the trail between the UI Hydraulics Lab and Benton Street.
Investigate using the sidewalk along Riverside Drive.
At our November 18 discussion, you directed us to evaluate the cost savings that would result
from not constructing the trail between the south end of the UI Hydraulics Lab property and
Benton Street, and instead reconstructing the sidewalk along Riverside Drive at a wider width.
We have completed this evaluation, and estimate the savings at approximately $225,000. The
paving expense of this alternative would actually be greater than constructing the trail along with
r~ver, because of all the driveways that would need to be crossed. However, there is a savings
from, not having to construct retaining walls along the river for the trail.
After careful consideration of this alternative, staff's recommendation is to not reconstruct the
s~dewalk along Riverside Drive in lieu of constructing the trail. Our concerns include:
There is very constrained right-of-way in front of the Professional Muffler and Linder
Tim buildings. One of these buildings appears to be constructed on the property line,
with the other one a couple of feet behind the property line. This makes for very
constrained sight distance for vehicles exiting driveways from these businesses. For
many of the commercial driveways between the University property and Benton
Street, an exiting vehicle must pull forward to where it completely obstructs the
sidewalk in order to see adequately up and down Riverside Drive. This would not be
such a big problem if these were residential driveways with only a few vehicle trips
per day; but since these are commercial driveways, the probability of the s~dewalk
being completely blocked is great. Having the trail located behind these businesses
would eliminate vehicle-bicycle conflicts.
Using the sidewalk instead of constructing the trail in this area would require us tu
compromise our trail design standards. Rather than 10 feet wide, in many places the
sidewalk could be no greater than 6 feet wide because of the constrained right-of-
way. Acquisition of property where available in front of the businesses in this area
Iowa River Corridor Trail; CIP Priority
December 12, 1996
Page 2
would be more expensive than acquiring property behind the businesses for the trail.
To achieve the maximum width of the s~dewalk, il would have to be placed directly
behind the curb. This does not result in a pleasant atmosphoro t(,~ h~cych~;I.~ and
pedestrians, and effectively reduces the width of the trail during tho w.dl,~ dHo tO
snow storage. Existing utility poles would further constrain the space available for
the trail. There is little opportundy for relocating these poles.
It is appropriate for you to determine that you do not wish to implement this segment of the River
Corridor Trail because of the expense. You may wish to construct the trail according to a phased
schedule that would spread the expense over more than one year. However, if you w~sh to
implement this project at all, we believe you should do so consistent with our trail design
standards and the Iowa River Corridor Trail Plan.
Friends of the Iowa River Scenic Trail (FIRST) and the JCCOG Regional Trails and Bicycling
Committee (RTBC) concur with staff's position.
Construct the Trail in Phases
An alternative for you to consider is to construct the trail in phases, spreading the expense over
more than one year. Our recommendation for FY97 would be to construct the segment between
Burlington Street and the south University property line, where signage would be erected
indicating the trail ends. This would allow the trail to be constructed at the same time the
University does their overall landscaping of the Hydraulics Lab area. You could then also
construct the trail segment between Benton Street and Sturgis Ferry Park in FY 97, which would
allow the Ned Ashton Park Project to be implemented. The segment of the trail between Master
Muffler and Ned Ashton Park would be left for implementation in a subsequent year. Th~s
alternative would reduce the locally funded construction expense from $981,000 to $666,000.
FIRST and the JCCOG RTBC are not opposed to a phased construction schedule, although there
is some difference of opinion over what segments of the trail should be constructed hrst.
Change in Design Preference: Master Muffler and Dairy Queen Properties
We indicated to you previously that early in the design process a decision was made to relocate
the trail to m front of the Master Muffler and Dairy Queen properties. This was done at the
request of the property owners, and to save approximately $200,000 back when we thought we
had a much less expensive project.
We have recently been contacted by the owner of the Master Muffler property, who has changed
his mind and now feels strongly that the trail should be constructed behind Master Muffler. Fhs
reasons are similar to the ones stated above for not having the trail along Riverside Drive. He
feels there would be a greatly increased accident potential from having the trail in front ot his
property. The requested redesign would increase the estimated expense of the project from S1.3
million to $1.5 million. We have not been able to contact the owners of the Dairy Queen property.
Iowa River Corridor Trail; CIP Priority
December 12, 1996
Page 3
Possibility for Additional Federal Funds
The current projected $1.3 million expense includes $280,000 from tile Fedu~l
Transportation Program (STP) and $67,000 from the University. A surplus of [~lJl,~,,x~mately
$400,000 in STP funds has become avadable from the Melrose West Street reconstruction
project, due to the good bids received on this project and the elimination of federal funds for the
West High intersection. STP funds must be reallocated through JCCOG.
The JCCOG Board has in the past shown a willingness to reallocate funds to other approved
federal aid projects that have a funding shortfall. The City Council could request the surplus
$400,000 from the Melrose West project be reallocated to the Iowa River Corridor Trail project.
This would reduce the projected local funding required for the trail from $981,000 to $581,000;
or from $1,181,000 to $781,000 if the trail is routed in back of Master Muffler and Dairy Queen.
Council should be aware that the JCCOG Board will consider all underfunded federal-aid projects
from all entities of JCCOG when determining how to reallocate the $400,000, not just Iowa City's
projects.
Impact on General Obligation Bond Request
The Director of Finance has indicated that if the City Council keeps the current CIP priority for the
trail project, it will be part of the February/March general obligation bond issue. The four
scenarios for Council to choose from that impact the amount of local funds needed can be
summarized as follows:
FY98
Scenario G.O. Request
1. Complete trail as currently programmed.
2. Delay Master Muffler to Benton Street segment.
3. Complete trail as programmed, reallocate surplus Melrose West funds
to trail.*
$981.000
$666,000
$581,000
4. Delay Master Muffler to Benton Street segment, reallocate surplus
Melrose West funds to trail."
$266,000
The Director of Finance has indicated that any of the above scenarios can be accommodated in
the February/March G.O. bond issue. It should be noted that if council decides to redesign the
trail around the Master Muffler and Dairy Queen properties, it would add $200,000 to each of the
above scenarios.
Iowa River Corridor Trail; CIP Priority
December 12, 1996
Page 4
Conclusion
The items to be discussed at your work session on December 16 can be s[lmmar~ze(I ,m h~llow$.
Do you wish to implement the Iowa River Corridor Trail from Burlington Street to
Sturgis Ferry Park in FY 97 as programmed in the CIP? Do you wish to phase the
construction over more than one year? Do you wish to delay consideration of the
project until a future year?
2. Do you wish to delete the trail segment between Master Muffler and Benton Street
and instead reconstruct the sidewalk along Riverside Drive in this area?
3. Do you wish to request the JCCOG Board reallocate approximately $400,000 in
surplus federal funds from the Melrose West project to the Iowa River Corridor Trail?
4. Do you wish to have the trail redesigned to the rear of the Master Muffler and Dairy
Queen properties at an additional cost of $200,000, plus easements?
A representative from FIRST will be present at the December 18 work session to provide
additional comments.
cc: Steve Arkins
Don Yucuis
Chuck Schmadeke
Jeff McClure
John Yapp
Larry Wilson, UI
Steve Fleagle, UI
Gene Greb, Master Muffler
Casey Cook, FIRST
City of Iowa City
MEMORANDUM
Date:
December 12, 1996
To:
From:
Re:
Naomi Novick, Mayor
Don Yucuis, Finance Director i/(~.:.Lcc~
Request to Give You Feedback on Alternatives to the Qualifications for Low Income
Assistance Programs
Per your request, I am responding to you regarding the options presented pertaining to the low
income assistance programs and qualifications. The options as presented are to stay with the
current system, change the chart to include utility discounts for everyone who qualified for a
transit or recreation discount, or use an income chart as the single qualifter.
The current system of using information from the County works well in the Treasury Division for
determining those eligible for utility discounts. It is an existing program that the County
administers, and we use their information to verify eligibility. This has worked out well for us, and
Treasury has a centralized location to determine the status of whether or not applicants qualify
for low income assistance.
I don't have a problem including discounts for those who qualify for a transit or recreation
discount. A standardized form would need to be created so that it would be easy for Treasury
Division staff to make that determination.
The use of income as the single qualifter to determine eligibility in the low income discount
program at the City is also a viable option. I believe this option would greatly increase staff
training needs and workload in order to fully understand how the information is gathered, and
analyzed in addition to determining if an applicant is qualified. I am not sure who would be
making that determination, whether Treasury Division personnel, a staff member in a central
location in the Civic Center, or staff at the Recreation Division. This method would be quite an
increase in the workload of the area. Once again, I would like to emphasize assigning the
responsibility of processing applications.
Barbara Grohe, Ph.D.
Superintendent
IOWA CITY COMMUNITY
SCHOOL DISTRICT
509 S. Dubuque Street
Iowa City, IA 52240
(319) 339-6800
(319) 339-6890 FAX
December 13, 1996
Naomi Novick
306 Mullin Ave
Iowa City, IA 52246
Dear Naomi:
Since the opening of Melrose Avenue, much discussion has ensued regarding the intersection in
front of West High School. The situation created there is intolerable. The school district has
serious concerns about the safety of our students, and, frankly, other community residents as the)'
traverse the newly designed Melrose intersection.
Iast year we received a letter from the City Council indicating that a traffic signalizat~on I~ght
~,,uld be installed at this intersection if the district were willing to pay $25,000, and assume partial
hability for the intersection. At that time, the district investigated the liability issue, and were
told by our attome), that we could not assume that liability. When assured by the city staff that
the reconstruction on Melrose would significantly improve the sight line and, therefore, the
safety of our students, we agreed to wait until the reconstruction was done on the premise that it
woufct then be a safe situation. Such is not the case.
Once again, we have asked our attorney to render an opinion as to whether or not the school
district could assume any liability for a city intersection. As you know, unlike the City, the school
district does not operate under a home rule; that is, the school district is permitted bv code to do
only those activities specifically outlined in the code as appropriate for them. Our attorney has
advised us that there is no statutory authority that would allow the school district to assume
liability for the signalization of a city street, or the city street itself, or the intersection. Given that
ruling, we are compelled to set aside the issue of liability.
We are likewise compelled, however, to respond to the safety crisis that has been created in front
of our high school. Although we do not feel thai it is an appropriate expenditure of instructional
funds to provide signalization on a city street, we nevertheless believe the Board stands read), to
make a financial contribution to the installation of a light in front of West High School in the
event that the current traffic study does not warrant signalization. We understand that the
infrastructure for such signalization was included when the project was completed. It is our
hope that this signalization can be installed while our students are on winter b~cal,. -,, that whon
school resumes their safety is no longer in jeopardy. While we regret the diversion of
instructional dollars for this purpose, we nevertheless are committed to remedying this situation
as soon as possible. We are not willing to wait until an incident similar to the one that occurred
Naomi Novick
December 12, 1996
Page 2
prior to the installation of the light in front of NCS. We stand ready to call a sp~'~ ~al meeting of
the School Board as early as next week to take a formal vote to approve, th~s monetary
expenditure. Prior to that time, we would like to meet with you and whal~,vm
necessary to prepare the appropriate resoluhon for both the Board and the C~lx
consideration. It is our intent that prior to the start of winter break on Deceml~er 20, the Board
will have met and acted to approve the proposed resolution, including a financial contribution to
the installation of this traffic signalization.
It is our hope that the City will understand the district's legal position in regard to the liability
issue, as well as the district's position in regard to the safety of our students. We look forward to
working with you and the Council for the benefit and safety of our mutual constituencies. We
would appreciate your earliest possible response so that we may post and hold the necessary
meeting for the Board's authorization. Thank you for your help.
Geo~rg~'~n, Pre 'de~
ICCSD School Board
GM/BG/hik
Barbara Grohe, Superintendent
Iowa City Community School District
c Steve Atkins
Karen K bby
CITY COUNCIL MEMDEP, Date: December 12, 1996
CMc Center
410 E. Washington .St,
Iowa City, IA 52240
(319) 356-5010
(319) 356-5oo9
Residence
728 2nd Avenue
Iowa City, IA 52245
(319) 338-1321
To: City Council
Re: Shaw shooting
When the Press Citizen hosted a forum after the
shooting of Eric Shaw, I stated that some hard
~destions needed to be answered. I feel that I
have fallen down in my responsibilities to the
community by not writing down these questions and
asking the council to answer them.
Some of the answers may need some research time,
others could be answered by the City Council
immediately, and I know that some of the Council
wants the PCRB to answer others. Some of these
questions have been answered via individual
conversations with the press, but the Council has
never discussed these questions as a group in a
forum of public record. It is important to me that
we be accountable for answering these in a public
way as a body.
I'm sure this is not a full list of the most
important questions, but here is the list swirling
around in my head.
1. Why shouldn't we fire the Chief of Police, R.J.
Winkelhake?
2. Why shouldn't the City Manager, Steve Atkins be
fired?
3. Why is Officer Kelsey still with the ICPD?
4. Why was Officer Kelsey allowed to remain on the
scene after other officers arrived to secure the
area?
CITY OF IOWA CITY
Printed on 100/.
recycled paper-10%
po~t-con~umcr
5. Was the open door policy indeed changed in
January of 1996 to allow entry through an open door
at a commercial property without first c~11ing the
owner? If so, why?
6. Why are we using hollow point bullets?
7. Why don't we keep computer log statistics about
the drawing of guns by the IC?D? I would like to
know how many times over the last three years that
guns were drawn, the kind of situation it was, the
officers involved, how long the officers have been
on the force and their training history. What are
the trends, if any? I understand that each case file will have to
be pulled to find if a gun was draw"n. This research could be
started immediately. Even if a majority $f council mer~ers want to
ask the PCRB to evaluate the information, the gathering of the
information could start now.
8. Will the PCRB be asked to do any follow up investigation into
the shooting of Eric Shaw? If so, what will be their specific
direction?
I will be bringing up these questions during our informal meeting
on Monday, December 16, 1996. agenda.
Thank you for your thoughtful consideration of this list.
bring your own list to add to this one.
Please
cc: City Manager, Steve Arkins
Police Chief, R.J. Winkelhake
City of Iowa City
MEMORANDUM
Date: December 12, 1996
To: City Council
From: City Manager
Re: Downtown
You have asked for an update on a number of shorter-term downtown projects as well as other
proposals for downtown improvements. The following represents a list of the activities that are
currently underway. Many other issues will likely develop out of the work of the downtown strategy
committee.
In cooperation with our downtown merchants, the installation of holiday lights has been
completed. Other project ideas whereby we might utilize the work of inmates are being
considered.
The new downtown directional signs initiated by the Monday Forum are being fabricated
and will be installed on local streets as early as next week. We expect this to occur from
Dubuque Street and 1-80 to downtown. The remainder of the locations are wa~t.~g
IDOT approval. We are proceeding even though we have not received formal approval
from IDOT in that it may take many months to decide on the color preference, green or
blue. We are installing blue signs.
The Department of Parking and Transit has initiated the lighting upgrade, signage and
graphics upgrade, and will be completed this spring for the Capitol and Dubuque Street
ramps. The lighting should be complete in about two weeks. Although there have been
a number of delays in securing the final drawings/specifications through the consultant,
we feel confident we can have these projects underway during the next few weeks.
A policy on graffiti has been proposed, and the work associated with a proposed
ordinance is underway. The direction I have provided our operating departments,
particularly Parks and Recreation and Public Works, is that we are to aggressively pursue
removal of graffiti when ~t is reported. The Council has directed that various other
community interest groups, Downtown Association, Downtown Strategy Committee, etc.
should review and comment on graffiti policy.
We have received approval of a federal grant for approximately $200,000 for improve-
ments/redesign of the downtown transit interchange. We will initiate the redesign of the
transit interchange. Restrooms, a passenger waiting area, an office for sale of transit
passes, as well as general information are being considered.
We have researched and identified a number of large expansive walls in the downtown
area as locations for murals. We have corresponded with the owners lequestmg their
opinions as to whether they would participate in such a project. A number of the owners
are out of state or corporate and it may take some time to receive their response.
Hopefully we can provide a proposed mural project in the downtown area as early as this
spring.
10.
11
2
In response to certain maintenance concerns, the Department of Parks and Recreation
has included in their budget proposal, sweeper/scrubber equipment and additional staff
to be utilized in the maintenance of the downtown area. If this is approved by the City
Council during budget review in January, I would suggest we move early - that is be
prepared to hire/bid early in order to implement by spring.
The Police Department has also made a number of requests with respect to personnel
(additional hours of walking patrol) in downtown. This matter will be presented to you ~n
the upcoming budget. You may also choose to implement some element ol
downtown police patrol as early as this spring through an overtime app~()l,.,~l~u~) ~1 wu do
not have the new hires in place.
The Department of Public Works staff is preparing a proposal for the painting and lighting
of downtown alleys. Contacts with property owners have been initiated.
New highway signage has been approved by IDOT.
The majority of solid waste containers (dumpsters) located within the Central Business
District are located at the rear of businesses in the adjacent alley. As such, it is the
responsibility of the Public Works Department to ensure that dumpstem are properly
maintained.
Iowa City Code, Chapter 14, requires the twice yearly steam cleaning of dumpstem
located on City property- once during the month of May and once during the mu~lh uf
August. This requirement was not monitored and enforced this past August due to the
resignation of the Solid Waste Superintendent. The steam cleaning requirement will be
strictly enforced in the future.
tn addition, Public Works is investigating the desirability of periodically steam cleaning the
alleys' surface. Oil and grease from the storage and loading of solid waste is frequently
spread along the alley by moving vehicles.
Dale Helling
Chuck Schmadeke
Terry Trueblood
Karin Franklin
Joe Fowler
City of Iowa City
MEMORANDUM
Date: December 12, 1996
To: City Council
From: City Manager
Re: Stormwater Quality Management
The City Engineer, at my request, has checked with the Iowa Department of Natural Resources
about the status of Stormwater Quality Management particularly as it relates to communities of
our size. We are considered to be in Phase II of the federal regulatory/compliance process.
Larger cities are Phase 1. They report the EPA has formed several committees to develop a plan
for Phase II implementation. The committees should present recommendations to the EPA within
a year, and the EPA will react some time after that. When the IDNR learns of new information o.
this subject, they will distribute it through the Iowa League of Municipalities. There does
appear to be much we can or should do until EPA officials make up their minds.
CC:
Chuck Schmadeke
City of Iowa City
MEMORANDUM
Date: December 12, 1996
To: City Council
From: City Manager
Re: 505 E. Burlington Street, Iowa-illinois Manor - EPA Supedund Site - ICON Article,
11/14/96
After reading the ICON article, I asked our Public Works staff to check on the issues, notably the
Supedund Statements attributed to the ICON article. Staff contacted Joe Ober of the Iowa DNR
and Kevin Larson at the EPA. Iowa-Illinois Manor, located at 505 E. Burlington Street, is currently
under investigation by the EPA. Air, soil, groundwater, and residue tests are to be conducted this
winter and spring. This site falls under the Supedund program which means that it is potentially
a toxic waste site, and, if the generator of the toxic waste cannot be determined federal money
would be available for cleanup. The EPA is working with their attorneys to determine the
responsible party. Neither the City nor the Iowa DOT would incur any cleanup costs, and would
be asked by the EPA to grant easements for cleanup work to take place. At this time, the EPA
does not know what measures if any and, what time, cleanup would occur.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 10, 1996
City Council
City Manager
St. Pat's Parking Garage--Update
On Monday, December 9 I spoke with Father Jim Vrba of St. Patrick's Church. He was
concerned about the progress of negotiation, substantially from their end. He indicated they were
about to conclude another property appraisal which was expected in his office some time during
the week of the 16th. I indicated to him that with the holidays and the difficulty in arranging
meetings it might be best to wait until after the Christmas holiday for a follow-up meeting. He
concurred. He wanled the Council to know they were proceeding. I assured him you would
understared but aisc, we were anxious to have this decision made. We continue to target ~ome
time in Ja~'~uary for ¢o~cluding our discussions.
cc: Marian Karr
Jeff Davidson
Karin Franklin
Joe Fowler
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 9, 1996
City Council
City Manager
Martin Luther King Day
Attached is a summary of other activities that we have initiated with respect to the Martin Luther
King holiday. These activities will be conducted at the Senior Center. The Senior Center staff will
generate publicity and other promotion of these activities.
There are two important issues that need to be noted. Professor Wing, the keynote speaker on
Wednesday, January 15, requires a $500 honorarium. I have authorized the Senior Center staff
to proceed. The Bethel AME Church and Rev. Clemens will be providing a music program on
Saturday, January 4. They have not asked for, but I have indicated to the Senior Staff that some
payment of an honorarium/contribution would be appropriate. I will allow the staff to work out the
details.
This all looks to be a good program, and I believe is in keeping with the initiative you asked we
undertake -- that being to provide more community activities surrounding the Martin Luther King
Day.
Attachment
The Iowa City/Johnson County Senior Center and
The Iowa City Human Rights Commission Present:
A Celebration of the Life and Times of Dr. Martin
Lnther King, Jr.
Saturday, January 4, 1997 through Thursday, Januar3 16,
1997
Program Title:
A Musical Tribute to Rev. Martin I Juther.
King..It.
Date:
Time:
Sponsors:
Saturday, January 4
12:00 noon - 12:30 p.m.
Bethel AME (African Methodist Episcopal)
Church, Rev. Willie W. Clernmons, Pastor,
Johnson County Senior Dining Program, IC/JC
Senior Center.
Location:
Admission Status:
Program Description:
Senior Center Assembly Room
Free and open to the public. Senior Dining will be
occurring between 11:30 a.m. - 1:00 p.m.
Director Ken Tolston will lead the Bethel
AME Church Choir in a musical tribute to
Rev. Martin Luther King, Jr. This program will
be the inaugural event associated with the
celebration of the life and times of Rev.King
12 06 96
page 2
Program Title:
Martin Luther King..Ir. & the Civil Rights
Movement: Perspectives in the 1990's.
Dates:
Time:
Sponsors:
Location:
Admission Status:
Program Description:
Monday, January6 through
Thursday, January 16
Monday through Friday,
8:00 a.m. - 5:00 p.m.
Saturday and Sunday,
10:30 a.m. - 2:30 p.m.
IC/JC Senior Center, Iowa Humanities
Board
Senior Center Lobby and Assembly Room
Free and open to the public
This exhibit traces the Civil Rights movement
from the mid-50's to the present day. It features
action photographs, facsimiles of landmark
documents, and quotations by Dr. King, as well as
contemporary updates and an artist's rendering of
a Civil Rights march. Forty posters mounted on
five free-standing cardboard kiosks roughly 19"
wide by 75" high.
12 06 ~
page 3
Program Title:
The Shadow of Hate: A Histor)' of
Intolerance in America
Presenter:
Date:
Time:
Location:
Sponsors:
Admission Status:
Program Description:
Vice President Emeritus Phillip Hubbard,
The University of Iowa
Wednesday, January 8
2:00 p.m.
Senior Center Assembly Room
IC/JC Senior Center, lowa Humanities Board
Free and open to the public
Vice President Hubbard will present a session that
discusses intolerance in the United States. A 40-
minute documentary film by Charles Guggenheim
on the subject of intolerance will complement the
session. Vice President Hubbard will be utilizing
the "text," Us and Them, in presenting this
program.
page 4
Program Title:
p~merica's Civil Rights Movement: A Time
for Justice
Presenter:
Date:
Time:
Location:
Sponsors:
Admission Status:
Program Description:
Susan L. Mask, Assistant to the President
and Affirmative Action Director,
The University of Iowa
Friday, January 10
2:00 p.m.
Senior Center Assembly Room
IC/JC Senior Center, Iowa Humanities Board
Free and open to the public
Ms. Mask will present a sesson that discusses the
above-referenced topic. A 38 minute video. A
Time for Justice, and supplementary text entitled
Free At Last: A History of the Civil Rights
Movement and Those Who Died in the Struggle
will be utilized in Ms. Mask's preparation for the
session. This program will also address the Civil
Rights movement as it pertains to affirmative
action law and policy.
12(1096
page 5
Program Title:
The .1ourney from Africa to America
Presenter:
Gary L. Lawson,
President, Connect Foundation, Des Moines
Date:
Time:
Location:
Sponsors:
Admission Status:
Program Description:
Tuesday, January 14
2:00 p.m.
Senior Center Assembly Room
1CBC Senior Center, Iowa Humanities Board
Free and open to the public
Africa is referred to as the "cradle of
civilization." This presentation outlines the history
of the African contributions to the world, from
their mastery of math to their scientific
discoveries. Mr. Lawson will also describe the
contemporary situations of African-Americans in
Iowa and will relate these situations into the work
of Dr. Martin Luther King, Jr..
12 06 96
page 6
Program Title:
Martin Luther King's Legacy: Bc)ond Ihc
Year 2000
Presenter:
Date:
Time:
Location:
Sponsors:
Professor Adrian Wing,
The University of Iowa College of Law
Wednesday, January 15
(Martin Luther King, Jr.'s birth date)
7:00 p.m.
Senior Center Assembly Room
Iowa City Human Rights Commission, IC/.IC
Senior Center
Admission Status:
Program Description:
Free and open to the public
Professor Wing will discuss Dr. King's leadership
in the areas of human and civil rights. With an
eye toward the 21st century, Professor Wing will
lead us past the year 2000 and discuss the legacy
of Dr. King's work as it may relate to the future
civil fights of all Americans.
12O696
page 7
Program Title:
Civil Rights: RememberiRI/the Past and
Moving Forward
Presenter:
Date:
Time:
Location:
Sponsors:
Professor William H. Knight, The University of
Iowa College of Law
Thursday, January 16
7:00 p.m.
Iowa City Public Library, Meeting Room A
Iowa City Human Rights Commission, IC/JC
Senior Center
Admission Status:
Program Description:
Free and open to the public.
Professor Knight will discuss the events that led
up to the formation of the initial Civil Rights
le~,~slat~on and eventual enforcement and
interpretation by the courts. The continued need
for Civil Rights enforcement as we enter the 21 st
century will be highlighted in Professor Knight's
presentation.
12 06 96
December 5. 1996
Ms. Cathie Berglund
4775 Sharon Center Road SW
Iowa City, IA 52240
CITY OF I01 ('t CITY
Dear Ms. Berglund:
In response to your correspondence the following represents what I believe to be the decision
making process that was undertaken concerning the design and construction of the Melrose
Avenue Project near West High School and in particular the issues surrounding the traffic
light/additional lane configuration at the entrance to West. I have read Mr Arganbnght's letter
and believe it to be a little presumptuous. in that the redesign of this intersection if consistent
with design standards intended to improve safety and visibility. These design issues require
the approval of the Iowa Department of Transportation. The decision to not install a traffic
s~gnal at this time has been based on the warrants contained in the Manual on Uniform Traffic
Control Devices, the accepted standard for determining if a traffic signal is needed Deviahng
from these standards creates liability for the responsible government (state, city, or school
district) when accidents occur at intersections where "unwarranted" traffic s~gnals are ~nstalled
A traffic signal is often held up as a symbol of safety. However, installing a traffic signal may
only reduce right-angle accidents at the expense of increasing rear-end accidents. when
motorists are forced to make an "unwarranted" stops. We take very seriously the information
gathered in the traffic s~gnal warrant study. and use it to assist our judgment of what is safe
Following represents a brief summary of the activities associated with this decision making
process.
1 November 30, 1995. In written correspondence the City Engineer described the design
issues associated with traffic control warrants for the possibility of traffic signals at the
Melrose and West High dnveway intersection. This rewew was in response to the
Melrose Avenue design undertaken by the engineering consulting firm, its review by
state and federal agencies as they relate to the geometric improvements. that is the
additional lanes and other factors associated with this project. Options and the
ramifications of each option were discussed. Notably, ~f an unwarranted traffic s~gnal
were to be installed, the project. or at least a portion of the project would not be eligible
for federal funding. Simply stated the state and federal governments would not support
the improper installation of traffic control devices at an intersection of a project that they
chose to participate in financially. I am sure th~s was done in order to protect their
respective liability.
4~0 EAST
December 4. 1995. At a City Council work session this matter was discussed further.
that is the design issues associated with the Melrose Avenue Project Thc Council was
bdefed on the traffic signal issue and subsequent discussion was directed to the school
district as it relates to cost sharing and liability for the signal and possibly foregoing
federal funding to preserve local decision making. The City Council directed the staff
Ms. Cathie Berglund
December 5, 1996
Page 2
to split the project, and forego a portion of federal funding ~n order to preserve some
measure of local dec~sion making authority in the future with respect to the traffic signal.
The monies foregone increase the local financial obligations
December 20, 1995. School officials, City staff, and Shive-Hattery engineers meet to
share the information regarding the traffic s~gnal and the issue of wa.ants undu~ the
Manual on Uniform Traffic Control Dewces At that time the traffic signal warrants were
identified as contrary to regulations. Geometric designs and improvements were also
discussed.
April 9, 1996. The City Council discussed the traffic signal issue with respect to
warrants, funding ramifications, the interest of the school district, and liabihty. The City
Council directed that we determine the school district's interest in participating in the
cost of signal mstallabon and thereby a share in liability responsibilities.
March 6. 1996. In a letter from the City Manager to the school superintendent we noted
that the project had been split and thereby reducing the federal funding of the project.
that is additional cost to the local taxpayer but we would be preserving some level of
local decision making with respect to the traffic signal. The letter outlined these facts
as well as the issue that none of the warrants for signalizabon under the Manual on
Uniform Traffic Control Devices could be met. We further noted liability and asked if the
school district were so interested would they consider participation in the cost of traffic
signal, approximately $25,000, as well as shared liability.
March 27, 1996. Jerry Palmer responded on behalf of the school distr,ct and
acknowledged the issue of joint liability and declined to participate in the cost of the
traffic signal. The letter further indicates that it is the district's contention that the
Melrose Project has been appropriately designed and safety of the intersecbon wdl be
improved.
November 22, 1996. The Melrose West improvements are now complete and open to
traffic. Continual traffic monitoring will occur on this new thoroughfare as we would on
any thoroughfare throughout the City's 200+ miles of streets.
In a related issue, at one time the City approached the school district to redesign the driveway
in order to have it serve as a part of the public thoroughfare for the adjacent neighborhood
That has been rejected by school officials.
Sincerely,
Steph
City Manager
cc:
City Council
Jerry Arganbright
Jeff Davidson
Rick Fosse
Barb Grohe
December 5. 1996
CITY OF I011 .t CITY
Ms. Pam Ehrhardt. President
Longfellow Neighborhood Association
1029 East Court Street
Iowa City. IA 52240
Re. Your correspondence of November 11. 1996; Summit Street traffic and streetscape ~ssues
Dear Pain:
Thank you for your correspondence of November 11, 1996. It is encouraging to see
neighborhood associations taking an active interest in the quality of life in their neighborhood
You have listed several items pertaining to the Summit Street streetscape whmh are all
appropriate for further discussion. These items include street lighting, the possible removal of
overhead power lines. planting of shade trees. possible restoration of brick streets. protectran of
historic street fixtures. and modification of signage. I recall a discussion with the Summit Street
neighbors and City representatives resulted in a decision to not implement modifications to the
streetscape at that time. Whatever is to be decided. I would like to see the involvement of the
Historic Preservation Commission and encourage you contact with representabves of that
Commission. Scott Kugler of our planning staff can assist you.
The ~ssues you have outlined with respect to traffic circulation and traffic control are potenbally
much more controversial, however further investigation can be initiated. I assume many
Longfellow Neighborhood Association residents were around during the external discussion that
occurred when Kirkwood Avenue was reconstructed. The issues you raise are very simdar to
the issues raised at that time. You are aware that a couple of years ago, in conjunction with
planrang for the replacement of Summit Street bridge, the City Council reaffirmed that Summit
Street is an artenal street which must function within the City's arterial street system. The C~ty
Council stated at that time that although designated an artanal street, there was a desire that
Summit Street should remain a low-functioning arterial, with slower speeds and on-street
parking.
The Longfellow Neighborhood Association's desire to have Summit Street reclassified as a
collector street is not a matter of simply designating the street a collector. If a change is made
in functional classification from arterial to collector, then the street should be redesigned to
function as a collector. On Summit Street th~s could likely occur most logically by remowng
rather than reconstructing the Summit Street bridge as ~s planned Our planning and
engineering staffs believe that as long as Summit Street provides access over the railroad
tracks and connects with other arterial streets, it will continue to carry arterial street traffic
Ms. Pam Ehrhardt
December 5, 1996
Page 2
And I am sure you can appreciate, decision making by the City Council that affects traffic on
Summit Street must entail investigation of larger traffic circulation issues in this area of our
community. Your recommendations to encourage increased traffic on Dodge and Governor
Streets must be balanced by the City Council against the impacts to residents along these
streets. Once again, I am not opposed to investigation of these ~ssues, but we sh(~uld all be
aware that these are not simple questions to be answered. If we beg~n such ~nvesl~gahons I
feel obligated to inform those residents of the interest in a change in their streel
The City is currently pursuing installation of a traffic signal at the intersection of Burlington
Street and Governor Street. This would occur in conjunction with the possible removal of the
traffic signal at the intersection of Burlington and Summit. I believe you are aware that the C~ty
can take this action only after approval is granted by the Iowa Department of Transportation.
We are currently seeking this approval we are hopeful we can install the Burlington/Governor
traffic signal in 1997.
I understand you have already had a conversation regarding these issues with Jeff Davidson,
Transportation Planner. You should feel free to call Jeff if you need any additional clarification.
Sincerely,
~tep~kins
City Manager
cc: City Council
Jeff Davidson
Rick Fosse
Karin Franklin
Marcia Klingaman
City of Iowa City
MEMORANDUM
Date: December 13, 1996
To: City Council
From: Dale Helling, Assistant City Manager ~.... ...._ ~..- ,
Re: Cable TV Issues
Some weeks ago Council passed a resolution declaring a maximum permitted rate for basic cable
service to Iowa City subscribers. Since that time TCI has formally challenged that rate before the
FCC. That challenge lists three points in which the cable company is in contention with the City's
position. It was not unexpecled. The FCC will make a determination on each of these points and
will then advise the parties of its findings. The final maximum permitted rate will then be deter-
mined based on the ruling of the FCC. We anticipate it may be several months before the FCC
makes its ruling.
Another issue which has arisen relates to TCI's announcement of several changes in service,
including the removal of WGN-TV from the local channel lineup. As we have prewously stated
publicly, the City has no authority in this area under federal law, and subscribers ate t)eing
advised to contact the cable company directly. Written communication is the most effective and
is encouraged by the local TCI manager.
Finally, despite several reports that TCl intends to try to negotiate an extension of the time
required by our franchise for completing the upgrade of the local system to an 80 channel, fiber
optic/coaxial cable system (February 1998), we have received no official request from TCI thus
far. I will keep you advised.
CC:
Broadband Telecommunications Commission
Drew Shaffer
Eleanor Dilkes
Linda Walshire
927 East Davenpod
Iowa City, IA 52245
December 2, 1996
TCI of Eastern Iowa
546 Southgate Avenue
Iowa City, IA 52240
Dear Sir:
I am writing to protest the upcoming changes to TCI Cable in Iowa City. Two of
the few channels I enjoy is the Comedy CentralNH1 split and WGN If you drop
these, we will drop cable. We have absolutely NO interest in a 24-hour a day
cartoen channel. Please consider keeping SOME adult entertainment that
doesn't rely on sex or violence to keep an audience. Why not drop one of the
five government channels?
Sincerely,
Linda Walshire
CC:
Iowa City City Manager.-"
Iowa City Cable Television Administrator
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 13, 1996
The Honorable Mayor Naomi .1. Novick and Members of lhc Cilx (',,urn il
Dennis Mitchell, Assistant ('it5' Attorney ~'~i
Requests for Legal Opinions
Whether the CiD' xvould assume any increased liability for installing a traffic
control device which does not qualify for funding under D.O.T. warrant
guidelines?
You inquired as to whether the City would assume any increased liability for installing
a traffic light on Melrose Avenue at West High School. A Iraffic light at this location would
not qualify under D.O.T. w,mani requirements at the present time, and thus. would not qualify
for any funding.
Iowa Code Section 321.255 (1995) gives municipalities the authorits' to "place and
maintain such traffic control devices upon highways under their jurisdiction as they may deem
necessary to indicate and to carry out the provisions of this chapter or local traffic ordinances
or to regulate, warn, or guide traffic." Furthermore, a municipality is immune from liability
for the decision of whether or where to place a traffic sign or traffic control device. Iowa
('ode Section 668.10(1 ) (1995); Saunders v. Dallas Count¥, 420 N.W.2d 468 (1owa 1988). For
immunity to be lost it must appear as a minimum that the sign or traffic control device was
erected m such a manner as to mislead or endanger the driver. Saunders, 420 N.W.2d at 472.
As long as the City properly installs and maintains a traffic control device, it is immune
from liability. The decision of whether or where to place a traffic control device does no!
subject the City to liability.
2. Whether the City has the power to acquire properB' outside our corporate limits?
You inquired as to whether the City has the power to acquire propert)' in ttickory Hill
West to reserve as a future park.
1owa law allows cities to acquire property outside their corporate limits. This power
includes the ability to acquire property through condemnation. Attached is a 1991 memo from
City Attome3' l,inda Newman Woito which more fully explains the law on this issue.
The City does have the power to expend funds to acquire property in Hickory Hill West
to use as a park.
Please feel free to give me a call if you have any questions. Otherwise, either Linda
or I xvill be available for questions.
Linda Newman Woito, City Attorney
Steve Arkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
,left Davidson. Assistant Director of Planning & Communit3 Developmorn
Rick Fosse. City Engineer
Chuck Schmadeke, Director of Public Works
City of Iowa City
MEMORANDUM
Date:
July 23. 1991
'TO:
From:
Re:
Honorat31e Mayor John McDonald and Members of the City Counol
Linda Newman Woit. o, City Attorney ~
Power of Cities to Acquire Property Outside City Limits
There has been some question raised as to whether iowa City has power to acquire sampling
well easements out~idu ii~ city limits. Claims have aJso been made that the City does not have
authority to condemn outside its boundaries. Such is not the law in Iowa.
In contrast, Iowa law specifically allows for cities to acquire property outside their corporate limits,
and to do so by condemnation. Iowa law can be summanzed as follows:
1. Cities may acquire and use orooert'/outside the cib/as if the orooen'v were within the city
limit__.s.
This city power is specifically provided by the Iowa legislature:
'A city may:
1. AC~luire, hold, and dispose of property outside the city in the same manner as within.'
Sec. 364.4, Code of Iowa (1991).
2. The Iowa legislature t~as (3ranted to cities broad 0owers of eminent domain or
condemnation,
'The dght to take pdvate property for public use is hereby conferred:
6. Cities. Upon all cities for public purposes which are reasonable and necessary
as an incident to the powers and duties conferred upon cities."
Sec. 471.4(6), Code of Iowa (1991).
The leqislature has extended home rule oowers to cities to orotect its citizens. including,
the safe~, health and welfare of its residents.
The -Iowa legislature, in 1968, specifically provided for home rule authority for cities to
'...perform any function it deems appropriate to protect and preserve the rights,
privileges, and property of the city or of its residents, and to preserve and ,raprove
the peace, safety, health, welfare, comfort and convenience of its residents."
Sec. 364.1, Code of Iowa (1991).
3
6. The Cih"s dOlqt to orotect its own citizens is ~3rotected toy Iowa law.
In t~e City of Ames case, the landowners ned a~gued mat it was in violation of their equal
prote~on rights to have land condemned by persons for whom they could not vote. This
argument was rejected as totally without merit by the Iowa Supreme Court, concluding:
· we find no medt in this contention. The same argument could be made by
nonresidents who own property within the corporate boundaries of a municipality.'
~ltv of Ames, at 454.
Finally, the cou~ will not interfere with a city's finding of public purpose "unless it is a clear, plain
and palpa131e [that] it is private in character,' Vittetoe, at 880.
Iowa City's Comprehensive Water Plan and sampling procedures we designed to protect the
public, Claims being made otherwise are unfounded. It is therefore my conclusion t~at the City's
authority to acquire sampling well easements and construction easements is proper under Iowa
law, and specifically approved by the Iowa Supreme Court, I have attached a copy of the City
of Ames case for your information, since it is short and well-written,
I will toe available for questions, as needed,
Attachment
Stephen Atldns, City Manager
Mm'ian Kar~, City Clerk
Chiles Schmadeke, Public Works Director
n-,:a~atauegatu~8 rnos~ac~o to9
City of Iowa City
MEMORANDUM
Date:
December 13. 1996
To:
The Honorable Mayor Naomi .1. Novick and Members of tile ¢'itx
From:
Dennis Mitchell, Assistant City Attorney ,~,j-!x
Re:
Update on Request to Close Alleyway in Strohm's Addition
On November 6, 1996, vou received a request from Martin Gaffey and a large majorit)'
of residents who own propert)' which abuts an alleyway in Strohm's Addition to "lcax c tile
alleyway closed." The alley in question is located south of Bower)' Street between Lucas and
Governor Streets. A map of the area is enclosed.
This alley was opened sometime prior to 1898 and has never been closed or vacated.
However, residents in this area have stated the alleyway has not been used since the 1950s.
except for tile portion which runs east of Lucas Street along Lots 1 and L. K. and .l. Ron
Sweeting is building a duplex on Lot 2. Mr. Sweettrig submitted building plans. x,,hM~ x,.crc
approved, which provide for parking in the rear of the duplex and can only be accessed m,m
the alley. ]'he alley south of Lots 3 and 19 is currently overgrown with grass.
The consensus of City staff is that the alley should be closed south of Lots 2 and 20.
The alley, which is only twelve feet (12') wide, is too narrow to handle much traffic.
Although the request was made to close tbe entire alleyway except for the portion which runs
east of Lucas, City staff does not believe that is advisable for legal or equitable reasons. Ron
Sx~eeting submitted building plans for the duplex on Lot 2, which were approved, in reliance
on tile fact this was an open alley.
'File proposed vacation of this alleyway will be placed on the agenda of tile Planning
and Zoning Commission for their consideration. All the abutting property owners will be
notified.
Please feel free to give me a call if you have any questions.
Linda Newman Woito, City Attorney
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Karin Franklin, Director of Planning & Community Development
Chuck Schmadeke. Director of Public Works
Rick Fosse, City Engineer
Martin R. Oaffey
Ron Sweeting
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
December 11, 1996
City Council
Marian K. Karr, City Clerk ~
Council Meeting Schedule for 1997
1997
Jenuary 1997 February 1997
S M T W T F S S M T W T F S
1 2 3 4 1
5 6(~ 8 9 10 11 2 3 4 5 6 7 8
12 13 15 16 17 18 9 10(~)12 13 14 15
19 20 ~.~1. 22 23 24 25 16 17~1~ 19 20 21 22
26 27 (~.~)29 30 31 23 24(~-~26 27 28
March 1997
S M TW T F S
1
2 3 4 5 6 7 8
9 10(~)12 13 14 15
16 17 18 19 20 21 22
23 24 ~)26 27 28 29
30 31
May 1997 June 1997 July 1997
S M T W T F S S ~(~W4 T F S S M(~ ~' F S
1 2 3 I 5 6 7 3 4 9
4 5 1~7 8 9 10 8 9.,~ 11 12 13 14 6 7(~ 9 10 11 12
11 17 14 15 16 17 15 16 1~18 19 20 21 13 14 16 17 18 19
18 19(~)21 22 23 24 22 23 24 25 26 21 28 2021,,Z~23 24 25 26
25 26 27 28 29 30 31 29 30 27 28~.)30 31
September 1997 October 1997
S M T W T F S S M T W T F S
1 2 3 4 5 6 I 2 3 4
7 8(~10 11 12 13 5 6(~8 9 10 11
14 15 16 17 18 19 20 12 13 14 15 16 17 18
21 22~24 25 26 27 19 20(~22 23 24 25
28 29 30 26 27 28 29 30 31
November 1997
SM TW T F S
1
2 3(~)5 6 7 8
9 10.1.[.12 13 14 15
16 17~19 20 21 22
23 24 2~26 27 28 29
30
Aprd 1997
S M T W 7 F $
(~) 2 3 4 5
6 7 9 10 11 12
13 14 .1.~.16 17 18 19
20 21 (2.Z)23 24 25 26
27 28 29 30
August 1997
S M TW T F S
1 2
10 1 13 14 15 16
17 18.~ 20 21 22 23
24 25 2(~27 28 29 30
31
December 1997
4 5 6
7 8_.~ 10 11 12 13
21 22.Z~ 24 25 26 27
City of Iowa City
MEMORANDUM
TO:
FROM:
RE:
Mayor and City Council
Marian K. Karr, City Clerk ',~
Upcoming Meeting Schedule
The first regular work session and formal Council meeting of 1997 will be
January 13 and 14. The Mayor has suggested setting aside the off Monday
or Tuesday evenings in January and early February for budget review. In
order to comply with state requirements (and avoid scheduling special
formal meetings) it will be necessary to have the budget review completed
by February 11 to enable the setting of the public hearing for February 25.
Under this proposal the schedule will be:
January 6 and 20 OR 7 and 21 - Budget
January 13 and 27 - Work Session
January 14 and 28 - Formal
February 3 OR 4 - Budget
February 10 and 24 - Work Session
February 11 and 25 - Formal
All meetings would begin at 7:00 p.m. in Council Chambers. Please review
your calendars and come prepared to discuss this item at the work session
of December 16.
I have contacted Don Burr from the Department of Revenue regarding a
presentation on Local Option Sales Tax. We have reserved Wednesday,
February 5, from 4:00-5:30 for this presentation. I would like to get this
information out to Johnson County communities prior to the holidays and
would appreciate hearing from you at the December 16 work session if this
date is not workable. The meeting is tentatively set for Room A of the
Public Library.
Finally, a friendly reminder for those of you with travel plans. Please let me
know when you will be out of town even if it would not affect a Council
meeting. This will aid staff in scheduling special meetings and when
necessary for preparing agenda/packets ahead of time for early pick-up.
Thanks for your cooperation.
City of Iowa City
MEMORANDUM
Date: December 12, 1996
To: Mayor and City Councd
From: City Clerk
Re: Council Work Session, December 3, 1996 - 5:40 p.m. m the Council Chambers
Mayor Naomi J. Novick presiding Council present: Novick, Baker, Kubby, Lehman, Norton,
Thornberry, Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Boothroy, Franklin, Davidson,
Handsaker, Mitchell. Tapes: Reel 96-139, All; Reel 96-143, Side 1.
REVIEW ZONING MA'I-i'ERS
Reel 96-139, S~de I
PCD Director Franklin presented the following Planning & Zoning items for discussion:
SE~ lING A PUBLIC HEARING FOR DECEMBER 17 ON AN ORDINANCE VACATING
THE NORTH 12.5 FEET OF THE F STREET RIGHT-OF-WAY FOR A DISTANCE OF 75
FEET IMMEDIATELY WEST OF FIRST AVENUE. (PELSANG/VAC96-0002.~
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE J, ENTITLED "OVERLAY
ZONES," SECTION 2, ENTITLED "PLANNED DEVELOPMENT HOUSING OVERLAY
ZONE (OPDH)," SUBSECTION D, ENTITLED "REGULATIONS," TO INDICATE THAT
PARKING REDUCTIONS MAY BE APPROVED FOR NON-RESIDENTIAL USES AS
PART OF A SENSITIVE AREAS OVERLAY REZONING. (SECOND CONSIDERATION)
ORDINANCE AMENDING TITLE 14, CHAPTER 7, ENTITLED "LAND SUBDIVISIONS,"
ARTICLE A, ENTITLED "GENERAL SUBDIVISION PROVISIONS," SECTION 4,
ENTITLED "ESTABLISHMENT OF CONTROL," PERTAINING TO CITY REVIEW OF
SUBDIVISIONS LOCATED WITHIN TWO MILES OF THE CITY'S BOUNDARIES.
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE M,
ENTITLED "ACCESSORY USES AND BUILDINGS," SECTION 1, ENTITLED
"PERMITTED ACCESSORY USES AND BUILDINGS," TO ALLOW SATELLITE
RECEIVING DEVICES ONE METER OR LESS IN DIAMETER IN ANY YARD OR ON
THE ROOF OF ANY STRUCTURE IN RESIDENTIAL AREAS. (PASS AND ADOPT)
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I,
ENTITLED "PUBLIC ZONE,' SUBSECTIQN 4, ENTITLED "SPECIAL EXCEPTIONS," TO
ALLOW COMMUNICATIONS TOWERS AS A SPECIAL EXCEPTION IN THE P, PUBLIC
ZONE. (PASS AND ADOPT)
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B.
ENTITLED "ZONING DEFINITIONS," TO ADD DEFINITIONS ASSOCIATED WllH
WIRELESS COMMUNICATIONS FACILITIES, INCLUDING "COMMUNICATIONS
TOWER," "COMMUNICATIONS EQUIPMENT BUILDING," AND "COMMUNICATIONS
STATION." (PASS AND ADOPT)
2
BURLINGTON STREET MEDIAN LANDSCAPING
Reel 96-139, Side 1
PCD Director Franklin and PCD Assistant Director Davidson presented the Burlington Street
Median Landscape Plan.
Davidson said he will present the Burlington Street Median Landscapo Plan to downtown
businesses and look at cost estimates.
Staff Action: The median concept will be taken to the Downtown Strategy Committee for
comment. Estimate of cost for one median will be done. Rechedule Council
on January 13. (Franklin)
HICKORY HILL WEST
City Manager Arkins, PCD Director Franklin,
information.
Reel 96-139, Side 1
Assistant City Attorney Mitchell presented
In response to Lehman, Asst. City Arty Mitchell stated the Oakland Cemetery is scheduled for
Council's next work session.
There was a general agreement by Council to look at the Hickory Hill West/green space/cemetery
concept; and explore a construction agreement with Coralville to protect as many trees as
possible. Atkins stated he will prepare information including financing options (cost per ac~e. otc ~
Staff Action: Cemetery discussion will be scheduled for December 16. Staff will evaluate
park options and costs for green space. (Franklin)
Reel 96-139, Side I
GRAFFITI
Assistant City Manager Helling presented information.
Council directed staff to present information to the Downtown Strategy Committee, Monday
Forum, and Downtown Association for their input. Atkins stated he will prepare a draft ordinance
within 60 days. Arkins also stated he is preparing a memo listing downtown projects and budget
issues.
Staff Action: Copies of the proposed policy will be provided to the Monday Forum, the
Downtown Association, and the Downtown Strategy Committee. (Helling)
Reel 96-139, Side 2
VOUCHER PAYMENT STANDARD AND UTILITY ALLOWANCE
(Consent Calendar 3e(4) and (5)
Housing and Inspection Services Director Boothroy presented information.
Boothroy stated that he will prepare information regarding the number of people impacted by the
utility allowance proposal.
Council decided to defer agenda item 3.e(4) to their December 17 meeting.
[Council adjourned to their formal meeting at 7:10 and reconvened to the work session at 11:15
p.m.]
3
PCRB
Reel 96-143, Side 1
City Manager Atkins presented the proposed PCRB draft policy for discussion. Council agreed
to the following changes:
1. Section 2 -
2. Section 2 -
Change "sworn police officer" to "police officer and CSOs".
Add "a parent or guardian can initiate a complaint for a minor under their
charge".
"Complain/ant" - make consistent throughout document and ordmm~['e
Staff Action: Scheduled for December 16 work session. (Atkins)
Meeting adjourned at 11:50 p.m.
City of Iowa City
MEMORANDUM
Date: December 13, 1996
To:
Mayor and City Council
Johnson County Board of Supervisors
From: City Clerk
Re:
Joint Meeting of the City Councd of Iowa C~ty and the Johnson County Board of
Supervisors, December 4, 1996 - 5:55 p.m. in the Council Chambers
Mayor Naomi J. Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thornberry,
Vanderhoef. Absent: Baker. City staff present: Atkins, Helling, Woito, Karr, Fowler, Franklin,
Davidson. Board of Supervisors present: Duffy, Bolkcom, Lacina, Sehr, Stutsman. Johnson
County Staff present: Carol Peters. Board of Supervisors elect: Jordahl. Tapes: Reel 96-143,
Side 2; 96-144, Side I
SEATS
Reel 96-143, Side 2
SEATS Director Larry Olson, Asst. Director Burnell Chadek, Parking and Transit Director Fowler,
and Assistant PCD Director Davidson presented information about SEATS.
Olson and Chadek presented an update and review of the Summary Report for 7/1/96 to 9/30/96
SEATS tour and ridership. Olson stated that he has had problems generating data since software
was installed, and noted that he has given a copy of a similar report to the Iowa City Transit
Department for their comments. Olson explained that 614 pages of data were generated for the
first three months. Olson explained that the tour share information is the fairest way to allocate
the cost of providing a SEATS trip. Novick asked Olson to define a tour share. Olson referred
to the Appendix and stated that rather than allocate the entire length of a trip to the Iowa City
passenger to Iowa City and allocate the entire length of the trip for the rural passenger to
Johnson County, SEATS accounts for the efficiency of the overlap and divides it up. Kubby noted
that the data processing is an incredible amount of work and doesn't seem to be efficient to do
it every day. Burnell Chadek stated that as rides are actually performed the computer collects
the trip minutes and tour share data and the tour share data is the most important information.
In response to Stutsman, Norton said Council is interested in data that they can understand.
Novick asked why it is taking more time with the computers than they did with paper and pencil.
Olson explained that once SEATS personnel are fully trained there will be some savings in the
dispatch area. In response to Lehman, Olson stated that Chadek went over similar information
with Ron Logsden. Bolkcom stated he would like to consider monthly reports. Lehman stated
he is interested in getting information from Fowler regarding what input is needed by Transit.
Lacina said an issue is the collection of data that is usable and the county needs to know if the
software is adequate and can be correctly analyzed. Fowler stated that staff is meeting tomorrow
afternoon to discuss the report. Kubby requested that staff look at the possibility of monthly
reports. Lacina noted that ice storms, etc. influence ridership and Council is going to need more
than 12 reports a year. In response to Norton, Fowler said tour minutes ~s tho most accurate
measure and is as close as you can get for assigning actual cost. Bolkcom stated that he would
like to move away from weekly reports but still meet contractual obligations.
Fowler stated he will evaluate infon'nation received from Johnson County and report back to City
Council.
1
2
Bolkcom asked if SEATS monthly passes can be reinstituted. Novick stated the City cannot
afford it. Duffy explained that he has heard from volunteers who are eligible to ride SEATS and
are requesting a monthly pass. Kubby requested information regarding the number of monthly
passes that would be issued. Olson estimated that approximately 30 monthly passes were
issued. Lehman raised concerns about unlimited ridership with monthly passes. Lehman
suggested using a type of monthly pass that limits the number of rides. Lacina suggested seeing
if software is capable of doing a search by identification number and using a rider ID system.
Council and Supervisors discussed the number of rides. income eligibility. and volHi du(.r:,
monthly passes. Norton said he would like to know the number of passes used
Kubby inquired about the request for proposals and multiyear contracts. Davidson explained that
if Iowa City continues to contract for paratransit service the City has to go out for an RFP. If the
City were to decide that they want to operate SEATS themselves an RFP is not required.
Davidson noted that the length of the contract can be up to five years.
A majority of Council (Kubby, Norton, Vanderhoef, and Lehman) requested that staff relook at
SEATS monthly pass information for Council consideration.
LOCAL OPTION SALES TAX
Reel 96-143, Side 2
City Council and Board of Supervisors discussed local option sales tax. City Attorney Woito
provided information.
Novick explained that Cedar Rapids and Des Moines are planning to put a local option tax on the
ballot. Norton asked that if a local option sales tax is established, can a municipality ask the
Board of Supervisors to repeal that tax at any time? Woito explained that the statute reads the
County can repeal any portion of the tax without an election, and the County can impose a repeal
date without an election at the end of any calendar quarter. Lacina emphasized that the drafting
of a petition to place the local option sales tax on a ballot is really important. In response to
Lacina, Woito explained that a 28E agreement would not be affected. Novick emphasized that
if L,nn County institutes a local option sales tax Iowa City should bring it up again. Lehman
stated that the Council was willing to put it on a ballot if they could agree how to spend it. Norton
stated it would be easier to do the local option sales tax at this time if Linn County and
Des Moines had it. Stutsman urged everyone to look at the local option sales tax as another
source of revenue. Kubby stated Council and Supervisors should demand from the state more
progressive options for different kinds of more fair taxes locally that they can choose from and
to fix the rollback system that the state currently has.
Novick suggested that the State Revenue Department representative present information
regarding local option sales tax to County elected officials at an open meeting.
In response to Vanderhoef, Woito stated that there is nothing in the statute to prohibit establishing
a date and a percentage and designated purpose over two to three timeh'ames. Woito stated she
would not recommend more than two timeframes.
Bolkcom noted that the Johnson County Board of Supervisors are meeting with state legislators
Saturday, 9 a.m. at the County Administration building.
Kubby stated that residential growth isn't paying for itself and is putting more pressure on City and
County to provide the kind of services our growing county needs. Lacina stated there is an
impact from the restructuring of human services. Lehman stated there are more and more people
3
who want more costly City services. Novick stated that downtown merchants are going to be
more willing to accept a sales tax because they are requesting more services.
In response to Sehr, Woito explained that statute allows the Board of Supervisors to repeal the
local option sales tax effective at the end of the calendar quarter during which you adopt a repeal
motion.
Stutsman stated that she would like the County and City to come together to hea~ ,~lom~al~on
about local option sales tax. City Council and Board agreed to set up a meeting wdh a state
representative to receive information about the local option sales tax. In response to Kubby,
Novick stated that invitations will be sent to leaders of each community in Johnson County and
a public announcement put in area newspapers regarding the meeting.
SOUTH CORRIDOR ISSUES/VVOLF SEWER
Reel 96-144, Side 1
Norton asked that the City and County work together on the proposal for private sewage disposal
system in the south corridor area. Norton noted that Iowa City has moved up the southwest
interceptor sewer project to FY98. Bolkcom stated that he thought the County would want to
restrict the ability to be a sewer provider to other properties. Lacina asked if there would be a
special assessment against property owners for the sewer lines. Kubby stated that Council would
need to consider a tap-on fee. Bolkcom stated that a policy question is does the City and County
want a private entity providing services in that part of the county? Vanderhoef asked what was
the thinking of the County when approving a sewer system in that area? Duffy stated lh,~[ Wolf's
other private sewage disposal system is perfectly clean, works good, and meets the same state
regulations. In response to Norton, Lacina stated that they have to meet all state regulations.
Kubby raised concerns about accountability issues regarding cleanup and repairs. Lehman stated
people are going to request City services when problems arise. Bolkcom stated he would be
interested in more information regarding public and private disposal systems. Lacina asked what
difference is the jurisdiction? Bolkcom noted that the proposal is a rural subdivision.
Norton raised concerns about the entrance into town. Kubby noted that City Council is looking
at an entrance overlay zone.
Duffy stated that the Wolf development will be a beautiful place. Duffy noted that Iowa law allows
2,000 gallons of effluent leakage from sewer pipes per mile.
INDUSTRIAL DEVELOPMENT ISSUES
Reel 96-144, Side I
City Council and County Board of Supervisors discussed industrial development issues relating
to airport and Streb property. PCD Director Franklin provided information. Kubby noted she is
hearing conflicting things about the Streb property as it relates to annexation. Kubby stated the
City does not want a commercial strip along Scott Boulevard. Kubby asked if there were other
things the County is interested in investing for increased tax base that will be realized in jobs?
Lacina stated the City needs to invite Mr. Streb and his engineer in and sit down to talk to him
regarding his plans. Franklin presented information regarding development of property along
Highway 1.
In response to Duffy, Franklin stated that when the City works on distdct plans, area property
owners are contacted. Franklin explained that area property owners were contacted during the
airport master plan process. Franklin stated that information from the airport master plan will be
incorporated in the land use plan.
4
GREEN BELT 965
Reel 96-144, Side 1
City Council and Board of Supervisors discussed green beltJopen space and cemetery use along
proposed west alignment for Highway 965. Kubby stated that she would like to consider a rolling
wooded area along the west alignment i:or 965,
WEST HIGH LIGHT
Reel 96-144, Side 1
Stutsman raised concerns about traffic safety at the intersection of West High School nnlranco
and Melrose Avenue, Kubby stated that Council expects financial cooperation with the school
district for the project.
Meeting adjourned at 7:30 p,m.
City of Iowa City
MEMORANDUM
Date: December '11, 1996
To: City Council
From: Jeff Davidson, Asst. Director, Dept. of Planning and Community Developmn~l
Re:
7//
Approved Iowa City residential neighborhood traffic calming program evaluation criteria
Attached is a copy of the evaluation criteria for the Iowa City residential neighborhood traffic
calming program, which Council approved at your November 18, 1996 work session. The
clarification you requested has been incorporated, stipulating that a proposal for traffic calming
must be supported by a simple majority of the residential dwelling units responding to the
questionnaire in order to be considered for implementation. There will be one vote per residential
dwelling unit.
This document has been distributed to the neighborhood associations of Iowa City. We will be
working with the Penny Bryn Neighborhood Association on a proposal for Teg Drive. We have
received a couple of other inquiries about the program.
Please give Marcia Klingaman, Rick Fosse or me a call if you have any questions.
cc: Steve Atkins
Marcia Klingaman
Rick Fosse
Karin Franklin
Iowa City Residential Neighborhood Traffic Calming Program
Evaluation Criteria
Approved by the City Council 11/'18196
To init[ate a traffic study of the street proposed for traffic calming, a formal request will
be required from the neighborhood assoc~abon that ~ncludes the streel p~oposed for
traffic calming. If the street proposed for traffic calming is not ~ncluded w~th~n a formal
neighborhood association, then a pehtion will be required from interested residents
along the street proposed for traffic calming.
The street considered for traffic calming measures should be functionally classified as
a local residential street or a collector street.
Traffic volumes on a residential street should exceed 500 vehicles per day and on a
collector street should exceed 1000 vehicles per day. Traffic volume on any street
proposed for traffic calming should not exceed 3000 vehicles per day, or
The measured 85th percentlie speed should exceed 5 mph over the posted speed limit.
For example. on a street with a posted speed limit of 25 mph, the 85th percenhle speed
should exceed 30 mph to be considered for traffic calming.
Staff will meet w~th the neighborhood association, and determine which traffic calming
measures are reasonable for evaluation. If the street proposed for traffic calming ~s not
included in a formal neighborhood association, then staff will meet with interested
residents to determine which traffic calming measures are appropriate for evalua[ion.
Staff will conduct a traffic study which will include evaluating the perceived traffic
problems, roadway geometry. and the ~mpact on adjacent streets (traffic d~vers~on) from
the proposed traffic calming measures
The Pohce Department, Fire Department. and ambulance service w~l[ be asked to
comment on the proposed street modificat[on's impact on emergency vehicle response.
The Transit Division will be asked to comment on the proposed street modificabon's
~mpact on public transit service.
If the traffic study shows that traffic calming measures can be implemented safely, a
mail-back survey of all affected residential dwelling units will then be conducted by the
City. The questionnaire will allow each residential dwelling unit to express' (1) support
for all proposed traffic calming measures: (2) support for some traffic calming measures
but not others: or (3) no support for any traffic calming measure. A proposal for traffic
calming must be supported by a s~mple majority of the res~denhal dwelling umts
responding to the questionnaire m order to be considered for implementabon On a
street funchonally classified as a local residential street. the mail-back survey will ~nclude
all residential dwelling units w~th d~rect access to the street. On a street funchonally
classified as a collector street, the mail-back survey will include all res~denhal dwelhng
units w~th d~rect access to the street. as well as all residential dwelhng ~m~ts on adlacent
local residential streets whmh feed ~nto the collector street.
No m~nimum number of responses to the mail-back survey ~s required. but a low
response rate will be taken into consideration by the City Councd.
AGENDA
DOWNTOWN STRATEGY COMMITTEE MEETING
WEDNESDAY, DECEMBER 18, 1996
4:00 P.M. - 6:00 P.M.
SENIOR CENTER- ROOM 202**
· ·Please note location of meeting.
A. Introductions
B. Review Downtown Vision Statement and Discuss Goals and Strategies
C, City Council Requests 1. Burlington Street Median
2. Graffiti Policy
A. Schedule Next Meeting
B. Adjournment
Any questions about Downtown Strategy Committee activities or agenda items may be
referred to David Schoon, Economic Development Coordinator, at 356-5236.
f tdowntown~d sc 1218.age
City of Iowa City
MEMORANDUM
Date:
To:
From:
December12,1996 /
Downtown Strategy Committee . . '
David Schoon, Economic Development Coordinat~) -
Re: December 18, 1996, Downtown Strategy Committee Meeting
At the next Downtown Strategy Committee meeting, the Committee will review the
downtown vision statement and the four major goal statements, which the Committee
began to develop at its last meeting. Once the Committee has reviewed the vision and
goal statements, the Committee will continue to discuss the strategies needed to make the
vision and goal statements reality, As requested at the last meeting, enclosed in your
packet is information regarding visitors and tourists to the Iowa City area, city/university
cooperative downtown planning efforts in other communities, CenterSpace study
executive summary, and classifications of downtown businesses. We hope to have the
information regarding crime in the downtown by the Committee meeting.
In addition to working on the Committee's charge of developing a downtown strategy, the
City Council has recently requested that the Committee provide comments regarding two
specific items. The first item is the construction of a landscaped median on Burlington
Street between Gilbert Street and Madison Street. Enclosed in your packet is a memo
from the Assistant Director of Planning to the City Council regarding the proposed median.
Computer simulated photographs illustrating the median will be presented at the
Committee's meeting. The Council would like the Committee's opinion on the concept of
a median and whether it would work into the Committee's ideas for downtown.
The second item for the Committee's consideration is a proposed graffiti removal policy.
At the request of downtown businesses, the City Council is in the process of developing a
graffiti removal policy. A copy of the proposed policy is enclosed for the Committee to
review and provide comments. The issues here relate to how aggressively you believe the
City should address the problem of graffiti and whether a proactive stance by the City
should include an ordinance to require private property owners to remove graffiti.
f:~downtown~drc 1 218.mere
DRAFT
December 18, 1996
Downtown Strategy - Iowa City
Vision
A downtown distinguished as the city's center with an attractive mix of commerce,
government, education, culture, and entertainment for residents and visitors
Goals
Provide destination points and varied year-round activities that will draw people to the
downtown.
2. Maintain a clean and attractive physical environment in the downtown.
3. Provide a safe and inviting downtown for residents and visitors.
4. Ensure that downtown is accessible by all modes of transportation.
Strategies
Provide destination points and varied year-round activities that will draw diverse interests
and populations.
1. Undertake a market analysis to identify a mix of retail goods and services desired by
the community, which can be profitably offered in a downtown setting.
2. Create an assistance and marketing program to promote business development ~n the
downtown.
3. Program and promote major events and on-going activities and attractions in the
downtown area to bring in residents and visitors.
4. Encourage development projects that reinforce downtown as the city's center and
which attract residents and visitors to downtown, such as retention and expansion of
the public library, additional hotel and conference space, and development of cultural
facilities.
5. Provide permanent activity areas tt~at will attract families to the downtown, such as a
new playground area, a new and expanded fountain, a gathering area, and an ice
skating rink.
Maintain a clean and attractive environment in the downtown.
Provide a safe and inviting downtown for residents and visitors.
Ensure that downtown is accessible by all modes of transportation.
f :\ms\downtown\vision2
preferred stock
Outlet Clothing Company
12/10/96
To the DTA Board:
Thank you for asking for. input regarding the skyw.,IL ~,vu]
Dubuque Street. I attended the informational session w~th Design
and Review yesterday.
As I said at the meeting-- while I support the UI everyday
of my business life-- I adamantly oppose this skywalk.
1) Do we want this bridge to block the main entrance to
downtown? Is this the vision we have for the main,artery into
our downtown?
2) The UI stated that between six and twelve people will
use this bridge'per day!
3) Do we think the potential cost to downtown is worth
~ccommodating six to twelve people per day? The UI insisted
they do not want to encourage any other pedestrian traffic.
Alternatives include:
1) building a tunnel, which would be more costly and use
more of their space.
2) creating a special pedestrian crosstalk where the
skywalk is proposed. This is done in many large cities. It
can be activated by pushing a button (similar to one at Clinton
and College Streets). We transport human organs for transplant
all over the US; surely the UI can find a way to transport
science research across the street without changing the face
of downtown Iowa City forever.
We are working very hard right now to open up downtown
and remove obstacles, perceived and real, to our citizens and
visitors. We've just gotten our first signs on 1-80 directing
travelers to exit on Dubuque Street to get to downtown, and
just when they come up over the hill and have a chance to see
finally, downtown, this bridge will block their view-- as if
you have to go in a tunnel before seeinq downtown (sse
Des Moines!) ·
Also, what kind of precedent is the City Council'setting
if they give their approval to this skywalk? What is the
argument if downtown business owners want to connect two or
more of their businesses- certainly accommodating more than
six to twelve people per day? Is this the trend we want to
start?
We must utterly and completely oppose this. The UI will
find an alternative. Perhaps we can help them.
Downtown contributes millions of dollars in city taxes,
donates to all charitable organizations, and ~mploys thousands
of' people. We must step back, think, and plan for o~r future-
a future that should not include this skywalk.
Victorl~ Gilpin
114 South Clinton Street · Iowa City, Iowa 52240 · 319-351-7231
Prepared by: Naorn~Nowck. Mayor, 410 E. Washington St . Iowa C~ly. IA 52240 (319) 356 5010
RESOLUTION NO.
RESOLUTION SUPPORTING THE REVERSAL OF STATE PREEMPTION
OF LOCAL TOBACCO-RELATED ORDINANCES.
WHEREAS, tobacco-related diseases are the number one preventable cause of death in th~s
country, killing over 4,800 Iowans every year -- more than AIDS, accidents, pneumoma.
suicide. and d~abetes combined; and
WHEREAS, the economic cost of tobacco-related death and disease in Iowa due to health care
expenses, lost income and lost productivity ~s over $300 million per year; and
WHEREAS, nonsmokers exposed to cigarette smoke in the workplace are 34% more likely to
develop lung cancer and 30% more likely to develop heart disease; and
WHEREAS, secondhand smoke increases the number and severity of asthma attacks and
lower respiratory tract infections in children, resulting in 15,000 hospitalizations of children
nationwide each year; and
WHEREAS, at least 70% of nicotine addictions begin in childhood or adolescence and that
nationwide, over 3,000 children begin smoking every day; and
WHEREAS, over one billion packs of cigarettes are illegally sold to children in th~s country
every year; and
WHEREAS, tobacco is recognized as a "gateway drug" leading to use of other dangerous
drugs; and
WHEREAS, a recent health foundation poll indicates that most Americans of both major
political parties want more, not less government action when it comes to protecting chddren
from tobacco; and
WHEREAS, many cities and towns nationwide have greatly reduced the incidence of n~cotine
add~cbon among the young people in their communities by enacting and enforcing local
ordinances and that local action often results in heightened public awareness and commit-
ment; and
WHEREAS, a report released in December 1994 by a national working group of 25 state
attorneys general stated that it is imperative that state laws not preempt local ordinances but
rather set a "floor" of minimum requirements, while allowing for local ordinances th~Jt croati-
a higher level of protection; and
WHEREAS, the American Public Health Association, The American Medical Association. the
American Cancer Society, the American Heart Association, the American Lung Assoc~aUon,
Resolution No.
Page 2
the Institute of Medicine and many other organizations dedicated to public health have
declared that it is absolutely critical that cities end towns have tile power to enact and
enforce local tobacco-related ordinances as they believe necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA FI'[Y,
IOWA, THAT:
The Iowa Legislature should enact legislation to reverse the preemption language in the Iowa
Code returning the rights to communities to enact and enforce tobacco-related ordinances if
they choose to do so under the Home Rule Laws.
Passed and approved this
day of , 1996.
ATTEST:
CITY CLERK
MAYOR
Approved by
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
December 9, 1996
CITY OF I0 I/VA CITY
TO:
Community Planning Task Force
Mercer Park Gymnasium Addition
PARKS & RECREATION
DEPARTMENT
FROM:
RE:
Terry Trueblood,
Director of Parks & Recreation
Booklet Corrections
It was recently discovered that two errors in calculation were made
in the "For The Kids" booklet which was mailed to you about two
weeks ago. These errors appear on pages 10 and 12 as indicated on
the enclosed sheet. Would you please make these corrections on
your copy.
Fortunately, we are able to print new sheets to be inserted into
most of the booklets. While these errors are certainly regrettable
(and disappointing), we are relieved to have discovered them prior
to extensive distribution of the material.
Thanks again very much for all your help. Should you have any
questions, feel free to contact me anytime.
Encl.
, .'O S O U T I1 G IL B ER T S T RE E T
~OW^ CITY IOWA :i~240.1632
and Fun# n
Three Year Goals
New full-size, multi-purpose Gymnasium
Construction costs for 16,000
sq ft facility
Architect and Engineering Fees
plus Testing and Survey Work
Furnishings and Equipment
$1,300,000
150,000
50 000
Total Project Costs
(No additional land costs)
$1,5OO,OOO
Proposed Distribution of Project Funding
General Obligation Bond
Internal Loans
(Parkland Acquisition Fund & Citys Working Capital)
Pdvate and Corporate
Contributions
$700,000
300,000
500.000
Total Project Costs
$1.500.000
~'3, ya the
$700,000 in G.O. Bonds will cost the owner of a $100,000 home-'34~-
first year, and less each year thereafter, for 15 years.
t0
Projected Operational Budget
The current annual Iowa City Parks and Recreation budget is $3,950,000.
The Recreation Division alone is $1,900, 000. The additional operating ex-
penses associated with the proposed new gymnasium are as follows:
Operating Income: $150,000
Operating Expenses: $150,000
$75,000 in operational support from taxes will cost
year, based on a home assessed at $1 00,000.
homeowners"~e per
Johnson Count), CoLr~il of Governments
410 E 'vVoshngtc~.St 1ov,~ C~y bwc] 52240
PRESS RELEASE
December 11, 1996
Contact Person:
Brad Neumann, Solid Waste Mgt. Planner
Johnson County Council of Governments
356-5235
Attached is a list of suggestions and hints for a "green" holiday season. The suggestions focus
on how everyone can help the environment while enjoying the holidays. If anyone has any
questions, contact Brad Neumann, JCCOG Solid Waste Management Planner, at 356-5235.
bC3-1BN
Hints For A Green Holiday Season
WRAPPING PAPER
Wrapping paper and packaging are probably the
most common items found in the trash after
Christmas. but you can reduce what ends up in
the landfill. Too many of us make wrapping
paper a one-use ~tem. Reuse it. Many people
reuse wrapping paper from year to year. One
alternative ~s gift sacks; they're popular and
reusable
Local paper recycling companies tell us that
wrapping paper usually CANNO'[ be recycled;
it's too thin (not enough fiber) and too brightly
colored. Try using recyclable materials for
wrapping. like newspaper (kids [~ke the comics).
brown grocery bags or brown kraft paper. After
you've opened presents. s~mply remove the tape
and ribbon and you're ready to recycle.
If you're going to buy. look for recycled wrapping
paper, especially non-metallic. The product
should state that it ~s made from recycled
papers. If possible, try to find recycled wrapping
paper with post-consumer content. That means
the paper you recycle is used to make new
paper. thus closing the recycling loop
According to the National Cornposting Council.
you can also compost non-metallic paper. but
make sure the dyes are soy-based or non-toxic.
Bows and ribbons usually can't be accepted for
recychng. but keep them in good shape and
reuse them. One alternative to a shiny bow is
raffia This natural product looks great as a
decoration on a gift and can either be reused or
cornposted (make sure the dye is non-toxic).
Another alternative is to give a g~ft wrapped in
another gift For ~nstance. g~ve a serving dish
wrapped ~n a tablecloth. non-toxic household
cleaning product bed up in a natural cotton
d~shtowel. earnngs tucked inside a matching T-
shirt.
LIGHTS
Shiny decorations are suitable subsbrutes for
hghts, to help you cut down on energy
consumption, 0[, jusl don't put up lhe h§hts unbl
Christmas Eve. to make Ihe hohday even more
special As for other decorations, use stnngs of
popcorn, cranbemes, dned fruit. crackers, and
pretzels. Once the holiday's are done. your tree
will be ready to place m your backyard to be
enjoyed by the wildlife.
PACKING PRESENTS FOR MAIL
Use crumpled newspaper for easiest recychng,
or popcorn, which can be spnnkled in the
backyard for the birds. Polystyrene peanuts
should be reused or recycled at the companies
hsted in the Johnson County Council of
Governments (JCCOG) Recycling and Waste
Reduction Guide. If you shred paper at work.
see if you can use it for packing.
TREES
There are two sides to the Christmas tree
argument. The first ~s that buying a tree from a
Christmas tree farm uses renewable resources
and supports alternative crop development. The
discarded tree can provide addibonal wildlife
food and habitat if accepted by the local park
program or even placed m your own backyard.
The National Christmas Tree Association even
says that the production of artificial trees
consume nonrenewable resources such as coal
or oil. On the other hand. you can spend a lot of
money and fuel to haul natural trees to and from
your home. And, a good artificial tree can last
years It's up to you.
Chnstmas tree curbs~de p~ck up ~s available in
January at no extra charge. Watch newspaper
for details
PARTY TIME
If you entertain every year. your best bet ~s to
~nvest in cloth napkins. plates and glasses. Not
only will you save landfill spac~ an~ money m
the long run. you'll pamper your guests
If you must buy plastic. buy durable items that
can be washed and reused. If you have leftover
paper napk,ns. plast,c forks and styrofoam
plates. donate them to a shelter or food bank
Remember to nnse and recycle w,ne and hquor
bottles
RECYCLING
if you present your gift ~n a cardboard or
chipboard box, make sure the lucky recipient
knows how to recycle it As a hint. tuck ~n a
JCCOG Recycling and Waste Reduction Guide.
This guide offers recycling reformabort for
Johnson County. Th~s guide ~s avadab!e at the
Iowa C~ty C~vlc Center and the Iowa City Pubhc
bbrary or call the JCCOG office at 356-5235 and
we'll send you a copy.
TRIPS
Avoid parking hassles. save time and energy by
taking the bus Or. carpool w~th your neighbor or
friends
GIFTS
Avoid over packages and one-use items. Think
of durable, reusable and energy-sawng gifts:
-nature or recycling guides. composhng books.
-memberships ~n or donation to an
environmental organlzahon
-compact fluorescent hght bulbs -low-flow shower head-fireplace log made from recycled
newspaper
-year-long or month-long bus pass-wntage clothing or jewelry-battery recharger-non-toxic cleamng substances-under-the-sink containers to hold food
waste destined for the compost p~le
-gift certificates for services. hke house
cleaning or long d~stance or good-for-
the-earth ~tems hke plants. trees or
compost from a landscaping company
-fleece clothing, gloves and vests made
from material derived from plasbc
soda bottles
-products made from recycled materials
like recycled cotton clothing and
towels. shoes and back packs from
recycled bres
-tree-free note paper and stabonery (made from hemp)
-cedar ch~ps. blocks and hangers-dried herb sachets
All it takes is a little thought, and you can
give the Earth a g~fi, too!
Novel idea: Take the needles from your
discarded Christmas tree, orange and apple
peels left over from relish and salad, used
cinnamon sticks from hot toddies and all the
tiny amounts of old spices left over from
holiday baking and simmer in water on the
stove. Your house will be filled with
.wonderful holiday smells!
For more information about waste reduction
and recycling, please call the JCCOG Office
at 356-5235, 8AM-SPM. Our office will be
closed Christmas Day and New Year's Day.
We wish you the very best of the holiday
season. Please remember to reduce,
reuse, and recycler
iccogsw\greenhm
To= IOWA CITY CLERK
F~o~: Jo Bola~ty
12-11-96 9=21a~ p. ~ of 7
Johnson
Don Sehr, Chairperson
Joe Bolkcom
Charles D. Duffy
Stephen P. La¢ina
Sally Simsman
BOARD OF SUPERVISORS
December 12, 1996
1. Call to order 9:00 a.m.
FORMAL MEETING
Agenda
2. Aclion re: claims
3. Action re: formal minutes of December 5th.
4. Action re:payroll authorizations
5. 9:00 a.m. Public Hearing on Conditional Use Permit,
applications, Zoning Ordinances, and Platting applications:
Zoning
a) Discussion/action re: the following Conditional Use Permit:
Application CU9604 of Terrance R. Schropp, Swisher, requesting a
Conditional Use Permit to operate an auto repair business at 1525
Cou Falls Road NW, SwisheL Iowa. The property is described as
being located in the NW 1/4 of the $E 1/4 of Section 17; Township
81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa.
(Jefferson Twp.).
913 SOUTH DUBUQUE ST. P.O. BOX 1350
IOWA CITY, IOWA 52244-1350 TEL. (319) 356-6000
..
FAX (319)
356-6086~
To: IOWA CITY
12-11-96 9:~lam !~. 3 of 7
Agenda 12-12-96
Page 2
b) First and
applications:
Second consideration of the fo!lowinR Zoning
Application Z9629 of Stephen & Sandra Flatgard, Solon,
requesting 3.98 acres from A I Rural to RS Suburban Residential of
certain property described as being m the South 1/2 of Section 12;
Township 81 North; Range 7 West of the 5tl~ PaX& in Johnson
County, Iowa (This property is located on the east side of Hickory
Hollow Road NE, approximately 3/4 of a mile souih o£ 120th Street
NE in Jefferson Twp.).
Application Z9652 of Stephan Mann, Wellman, requesting
rezoning of 11.45 acres from A1 Rural to RS Suburban Residential
of certain property described as being in the SW 1/4 of Section 2,
Township 78 North; Range 8 West of the 5th P.M. in Johnson
County, Iowa (This property is located on the east side of Orval
Yoder Turnpike SW, approximately 1/2 mile north of its
intersection with 480th Street SW in Washington Tvq3.).
Application Z9653 of Timberwood Estates, signed by Larry Marak,
Cedar Rapids, requesting rezoning of 7.11 acres (4 residential lots)
from AI Rural to RS Suburban Residential of certain property.
described as being in the East 1/2 of Section 18; Township 81
North; Range 7 West of the 5th P.M. in Johnson County, lowa
('Iris property is located on the east and west side of Seneca Road
NW, approximately ]/4 of a mile south of its intersection with
Blare Cemetery Road NW in Jefferson Twp.).
From= 3o Ho{la]~y i~-11-96 9:~lam p. 4 of 7
Agenda 12-12-96
Page 3
c) First and Second consideration of the following Zoning Ordinances:
An amendment to the Developmen! Policy for Rmal J~,hnson
County which was adopted in December 1977 as follows' General
Development Policies: Add New Paragraph (9) as lk~llmvs
It shall be in the best interest of the citizen of Coralville, Iowa City,
and Johnson County to enter into an agreement through the
Johnson County Council of Governments planning_process. It is
intended to preserve the preferred and general corridor now
identified for Highway 965 which will eventu,)!ly be extended
between Highway 6 and Highway 1; and whereas~ the agreement is
intended to clarify the more general language now found in the
Johnson County Council of Governments Arterial Plan regarding
the 965 alignment.
An amendment to the Johnson County Zoning Ordinance, as
provided in Chapter 331.302 of the Code of Iowa, to make statutory
corrections which may adjust language to reflect current practices,
insert earlier omissions, delete redundancies and inaccuracies,
delete temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and providing
effective and retroactive applicability dates.
d) Discussion/action re: the following Platting applications:
Application S9677 of Bernard J. Erenberger requesting preliminary.
and final plat approval of Rushek Comer Subdivision, a
subdivision described as being located in the SE 1/4 of the SE 1/4
of Section 10; Township 81 North; Range 6 West of the 5th P.M.
in Johnson County, Iowa (This is a l-lot, 3.55 acre, residential
subdivision, located on the north side of 140th Stree! NE,
approxanately 1/2 mile east of the 140th Street NE and Polk
Avenue NE in Big Grove Twp.).
To: 10WA CITY CI,gRK
iron= Jo ioqall¥
1~-11-96 9:~lam p. S of ?
Agenda 12-12-96
Page 4
Application S9678 of Dovetail Inc., signed by John Pratt,
requesting preliminary plat approval of Barrington Heights
Addition to Coralville, Iowa, a subdivision located in the NW ]/4
of the SE 1/4 of Section 28; Township 80 North; Range 6 West of
the 5th P.M. in Johnson County, lowa (l'his is a 6-1oi, 11 6 acre,
residential subdivision, located on the west side o[ DubmluC .";Itcct
NE, approximately 1.0 miles north of 1-80 in lMm Twp.).
Application S9676 of Dean Oakes requesting preliminary plat
approval of Overview Estates Part Two, a subdivision described as
being located in the SE 1/4 of Section 9 and the SW'I/4 of Section
10; all in Township 80 North; Range 6 West of the 5th P.M. in
Johnson County, Iowa (This is a 41-1or (37 residential lots with 4
non-buildable outlots), residential subdivision, located
approximately 1.0 miles SW of the west end of 245th Street NE or
at the intersection of Overview DR and Scotts Lane in Newport
6. Business from the Assistant Planning and Zoning Administrator.
a) Discussion/action re: the following Platting application:
b)
1. Application S9673 of Yoder inc., signed by Phillip Yoder,
requesting preliminary and final plat approval of Yoder Dekalb
Subdivision, a subdivision described as being located in the NE 1/4
of the NE 1/4 of Section 14; Township 78 North; Range 8 West of
the 5th P.M. in Johnson County, Iowa (This is a 2-1or, 8.37 acre,
light industrial subdivision, located on the south side of Angle Road
SW, approximately 0.1 of mile southwest of the Angle Road SW
and 500th Street SW intersection in Washington Twp.).
Other
Business from the Planning and Zoning Administrator.
a) Motion setting public heating.
Agenda 12-12-96
b) Other
Page
8. Business from the County Auditor.
a) Action m: permits
b) Action re: reports
I. Clerk's November monthly report.
c) Other
9. Business from the Count3' Attorney.
a) Report re: other items.
lO. Business from the Board of Supervisors.
a) Action m: second six month extension to the Para Transit contract
between the City of Iowa Cily and Johnson County.
b) Action re: agreement between Iowa City, Coralville and .~ohnson
County, Iowa for the preservation of Highway 965 Corridor between
l-Lighway 6 and Highway 1.
c) Motion extending management agreement re: Sand Road ISTEA
Archaeological project until March 1, 1997. (Fhis will enable the State
Archaeologist Department to complete the study.)
d) Action re: resolution transferring from the General Basic Fund to the
Capital Expenditure Fund.
e) Action re: resolution transferring from the General Basic Fund to the
Capital Expenditure Fund.
f) Action re: resolution transferring from the General Basic Fund to the
Capital Projects Fund.
g) Motion cancelling meetings for the week of December 22rid and
rescheduling the formal meeting on December 31st following the
informal meeting.
h) Other
I1.
Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquiries from the members of the Board of Supervisors.
IOWA CITY CLERK
Agenda 12-12-96
c)
d)
e)
Page 6
Report from the County Attorney.
Discussion re: job description for Ambulance Director.
Discussion m: procedure for evaluation of Depa~uent Heads.
Other
12. Adjournment.
CITY OF IOWA CITY
CITY OF IOWA CITY
FY97
COMPARISON OF BUDGET
TO ACTUAL REVENUES,
EXPENDITURES AND CASH POSITION
FOR OPERATING FUNDS
FOR THE THREE MONTHS
ENDING SEPTEMBER 30, 1996
,
GENERAL FUND
Overview of FY97 Budget @ 9-30-96
The General Fund revenues, expenses and cash position for the three months ending September 30, 1996,
is summarized as follows:
Beginning Cash 7-1-96
Revenues
Expenditures
Revenues Less Expenditures
End!ng Cash 9-30-96
FY97 FY97 Actual Percant FY96 Actual Percent
Amended Budqet @ 6-30-96 Rec'd. Exp. @ 9-30-95 Rec'd. Exp.
$8.537,716 $8,537,716 $9,295,974
28,439,132 4,370,161 15% 4,612,297 17%
30,099,857 7,601,889 25% 8,637,663 29%
[1,660,725) (3,231,728) (4,025,366)
~6,876,991 $5 305 988 ~5,270,608
FY97 General Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
~o.o ~ I""~0.o' ..ud.o~ [] A~,~
$25.0
$20.0
$15.0
$10.0
$5.0
$0.0
Revenues
25.3%
Expenses
Cash Balance
Page 1 of 27
FY97 General Fund Expenditures
Budget to Actual by Major Category
for the Three Months Ending 9/30/96
Millions
$1,5
$10
Budget
Actual
$5
Personal Services
$1.832
$1.0531 $1.635
$0.t81 $0.296
Commodities I Capital Outlay
Charges for Services
$0.835
Transfers Out
Page 2 of 27
FY97 General Fund Revenues
Budget to Actual
for the Three Months Ending 9/30/96
Millions
$t6
$'14.$$
$10 -
Budget
Actual
$2
$2.73]
$0
Transf. Empl. Ben. State Funding Fines, Fees
Prop. Tax Road Use Tax Serv Chargeback
~1Other*
*Includes Contractual Services and Hotel/Motel Tax
Page 3 of 27
FIRST QUARTER REPORT
ENDING SEPTEMBER 30, 1996
ANALYSIS OF REVENUES AND EXPENSES COMPARED TO BUDGET
The General Fund revenues have been summarized into nine (9) major revenue categories. The
analysis of each category follows.
General Fund Year to Date Budget Analysis:
Pro13erty Taxes - Includes the General Fund (8.10), Transit (.95) and Library (.27) levies.
The majority of property tax revenue is received twice a year, approximately 50% in
October and 50% in April. This coincides with the due date of property tax bills from
property owners. $652,204 or 5% of the FY97 budget of $14,547,491 was received as
of 9-30-96 compared to $961,496 or 7% of the FY96 total actual at 9-30-95. expect to
receive at least the budgeted amount by year end.
Properb/Tax Transfer - Employee Benefits - This property tax revenue source ~s receipted
in the Employee Benefits Fund and then transferred to pay for benefits of employees
(employer share of FICA, IPERS & Police and Fire Pension contributions; health
premiums, etc.) in the general fund. Transfers totaling $886,940 or 25% of the FY97
budget of $3,599,848 were transferred in as of 9-30-96 compared to $774,243 or 23% of
the FY96 total actual at 9-30-95. I expect to receive at least the budgeted amount by
fiscal year end.
o
Road Use Taxes - This is a gas tax that is received by the State of Iowa, paid to the City
on a per capita basis, receipted into the City Road Use Tax Fund and then transferred to
tile General Fund to pay the actual cost of the Traffic Engineer and Streets Division less
other revenues received by these departments. Transfers totaling $607,631 were 20% of
the FY97 budget of $2,998,334 compared to $488,826 or 21% of the FY96 total actual at
9-30-95. At this point I expect to receive the budgeted amounts by fiscal year end.
State Fundin~ - This revenue source, which comes from the State of Iowa, consists of
state aid, personal property replacement tax (flat $ amount), and bank franchise tax.
Except for the bank franchise tax, the State remits these.revenues to the City in two equal
installments, one in December and the other in March. Bank franchise tax totaling
$69,706 is 70% of the FY97 budget of $100,000, and $31,708 less than the same time
last year. I expect to receive up to the budgeted amount by fiscal year end.
o
Charqeback of Services - This revenue source consists of administrative charges to the
Enterprise Funds (Ex.: Water, Parking, Sewer, etc.) for services provided in the Finance
and Public Works Administration Departments, City Attorney chargeback, use of the
Document Services Division, use of Central Services and Cable TV transfer to Library.
The Administrative expense charges to the Enterprise Funds and the Cable TV
chargeback are calculated during the budget process and then transferred to the General
Fund proportionally each month. The City Attorney, Document Services and Central
Services chargeback is based on actual use. $313,440 or 25% of the FY97 budget of
$1,268,528 was received as of 9-30-96. I expect to receive up to the budget amount by
fiscal year end.
Fines, Permits, and Fees - This category includes quite a variety of different revenue
sources. The largest are Recreation fees, building and housing permits and inspections,
$5 parking fines, and magistrate court fines.
Page 4 of 27
Overall, fines, permits and fees total $600,352 or 27% of the FY97 budget of $2,235,976.
I expect to receive up to the budgeted amount by fiscal year end.
Recreation Fees totaling $177,548 are 24% of the FY97 budget of $729,709 and about
the same as this time last year. I expect to reach budget by fiscal year end.
Building Permits and Inspection fees totaling $102,427 are 24% of the FY97 budget of
$419,100 and are $18,465 more than what was collected for the same time period last
year.
$5 Parking Fines totaling $84,342 are 25% of the FY97 budget of $340,000 and $9,398
more than the same time period last year.
Housing Permits and Inspection fees totaling $36,178 are 30% of the FY97 budget of
$120,250 and $4,220 less than the same time period last year.
Magistrate's Court revenues totaling $48,861 are 34% of the FY97 budget of $145,000
and $13,222 more than the same time period last year. All other fines, permits and fees
totaling $150,996 are 31% of the FY97 budget of $481,917 and $29,102 more than the
same time last year.
Contractual Services - Overall, contractual services totaling $843,273 are 78% of the FY97
budget of $1,086,490. I expect to receive at least the budgeted amount by fiscal year
end. The University Fire Contract payment is received in the first quarter of each year
base~ on actual expenses of the Fire Department for the previous fiscal year. Actual
receipts totaling $753,621 are $6,321 or 0.8% more than the budget of $747,300 and
$24,709 more than last year.
Johnson County contract revenues are to pay for the use of the Library and Senior Center
by residents who live outside the City limits of Iowa City but within Johnson County. I
expect to receive at least the budgeted amount of $339,190 by fiscal year end.
o
Hotel/Motel Tax - Revenues totaling $123,594 are 28% of the FY97 budget of $440,000
and $2,339 more than last year at this time. The 7% tax rate went into effect on January
1, 1993. Actual receipts are allocated as follows:
Police Patrol (50%), Convention Bureau (25%), Memer Park Aquatics (15%) and Parkland
Fund (10%), starting 1-1-93 Acquisition (7%), and Development (3%).
All Other Income - Other income totaling $273,028 is 23% of the FY97 budget of
$1,207,465. Interest income received to date is $137,828 or 69% of the budget. Police
grants of $58,551 and Library (Reserve, Open Access, Other and Loan Repayment) at
$75,646 comprise the majority of all other income received.
Overall, general fund revenues totaling $4,370,161 are 15% of the FY97 budget of $28,439,132
compared to $4,612,297 at the same time last year. I expect to receive at least the budgeted
amount of revenues by fiscal year end.
Page 5 of 27
Expenditures:
Overall, actual expenditures totaling $7,601,889 are 25% of the FY97 budget of $30,099,857.
This compares to $8,637,663 or 29% of the FY96 actual as of 9-30°95. Below is a summary of
the actual compared to budget expenditures by category:
FY97 FY97 FY96 FY96
Description FY97 Actual Act. % Actual Act. % of
(in $1.000s) BudQet @ 9-30-96 of Bud.qet @ 9-30-95 FY96 Actual
Personal Services $18,145 ' $4,739 26% $4,391 27%
Commodities 1,053 181 17% 182 23%
Cl~arges for Services 5,670 1,535 27% 1,774 33%
Capital Outlay 1,832 296 16% 1,507 60%
Transfers Out 3,056 835 27% 757 27%
Other 63 16 25% 27 25%
Contingency 281 0 0% 0 0%
TOTAL ~30,100 ~7,602 25% ~8,638 31%
Capital Outlay totaling $296,242 is 16% of the FY97 budget of
$1,831,729.
Contingency was originally budgeted at $290,000. The balance at 9-30-96 is $281,150. The
following items totalling $8,850 were amended for by using contingency:
· Engineering: ($8,185)-Office furnishings and PC for Engineer transferred from Traffic Eng.
($665)-Replace magnetic pin locator-survey equipment
Page 6 of 27
CITY OF IOWA CITY
GENERAL FUND REVENUES BY MAJOR CATEGORY AND EXPENSES BY DIVISION
FOR THE THREE MONTHS ENDING SEPTEMBER 30, 1996
10000 GENERAL FUND
BEGINNING CASH BALANCE
GENERAL FUND RECEIPTS BY TYPE
1) PROPERTY TAX
2) TRANSFER: EMPL BENEFITS LEVY
3) ROAD USE TAX
4) STATE FUNDING:
STATE AID (formerly Municipal
Assistance and Liquor Profits)
PERSONAL PROPERTY REPLACEMENT
BANK FRANCHISE TAX
TOTAL STATE FUNDING
5) CHARGEBACK OF SERVICES
ADMIN EXPENSE CHARGEBACK
CITY AI-rORNEY CHARGEBACK
CABLE TV CHARGEBACK
DOCUMENT/CENTRAL SERVICES
TOTAL CHARGEBACKS
6) FINES PERMITS & FEES
RECREATION FEES
BUILDING PERMITS & INSPECTIONS
PARKING FINES- $5
HOUSING PERMITS & INSPECTIONS
MAGISTRATES COURT
LIBRARY FINES
FOOD & LIQUOR LICEN & PERMITS
ANIMAL CONTROL SERVICES
POLICE SERVICES
CEMETERY FEES & CHARGES
BUILDING & DEVELOPMENT FEES
LICENSES & PERMITS
TOTAL FINES PERMITS & FEES
7) CONTRACTUAL SERVICES
UNIVERSITY FIRE CONTRACT
JOHNSON COUNTY CONTRACT
TOTAL CONTRACTUAl_ SERVICES
8) HOTEL/MOTEL TAX
MONTH FY97
FY 97 ENDING Y-T-D %REC'D/
AMENDED SEP 30, SEP 30, BUDGET SPENT TO
BUDGET 1990 1908 BALANCE BUDGET
8,537,716 5,065,132 8,637,716
FY96%
REC'D/
Y-T-D TO
SEP 30, FY96
1996 ACTUAL
9,295,974
14,547,491 548,389 662,204 13,895,287 4.5% 96t,496 7.0%
3,599,848 285,817 886,940 2,712,908 24.6% 774,243 23.4%
2,998,334 269,168 607,631 2,390,703 20.3% 488,826 2t.0%
636,000 0 0 639,000 0,0% 0 0.0%
320,000 0 0 320,000 0.0% 0 0.0%
100,000 0 69,706 30,294 69.7% 101,4t4 61.1%
1,055,000 0 69,705 985,294 6.6% 101,414 92.0%
1,156,163 96,272 288,816 867,347 25.0% 276,384 24.8%
43,000 0 0 43,000 0.0% 0 0.0%
40,365 16,064 22,791 17,574 S6.5% 11,025 28.3%
29,000 0 1,833 27,167 6.3% 7,016 28.6%
1,268,528 112,336 313,440 955,088 24.7% 294,425 60.0%
729,709 66,713 177,548 852,161 24.3% 177,502 26.0%
419,100 40,170 102,427 316,673 24.4% 83,962 23.0%
340,000 30,453 84,342 259,658 24.8% 74,944 17.4%
120,250 11,948 36,178 84,072 30.1% 40,398 27.8%
145,000 16,276 48,861 96,139 33.7% 35,639 22.0%
109,500 8,359 27,670 81,830 25.3% 27,343 22.7%
74,800 850 29,711 45,089 39.7% 27,295 34.7%
94,417 16,447 33,48t 60,936 35.5% 18,405 19.9%
86,000 22,549 33,272 62,728 38.7% 17,420 31.4%
36,000 2,283 8,t10 26,890 23.2% 10,376 28.5%
45,300 3,012 11,746 33,554 25.9% 13,699 30.6%
36,900 868 7,008 29,894 19.0% 7,356 34.0%
2,238,976 219,928 600,352 1,635,624 26.8% 534,339 24.5%
747,300 753,621 763,621 -6,321 100.8% 728,9t2 100.0%
339,190 20,699 89,652 249,538 26.4% 86,014 26.0%
t,08§,490 774,320 843,273 243,217 77.6% 814,926 76.9%
440,000 123,894 123,594 316,406 28.1% 121,265 26.3%
Page 7 of 27
CITY OF IOWA CiTY
GENERAL FUND REVENUES BY MAJOR CATEGORY AND EXPENSES BY DIVISION
FOR THE THREE MONTHS ENDING SEPTEMBER 30, t996
10000 GENERAL FUND
9) 'ALL O I HEE INCOME
MONTH FY97
FY 97 ENDING Y-T.D %REC'D/
AMENDED SEP 30, SEP 30, BUDGET SPENT TO
BUDGET 1990 1996 BALANCE BUDGET
INTEREST INCOME
MISCELLANEOUS REVENUE
MONIES & CREDITS
MILITARY CREDIT
COMMISSIONS AND CONCESSIONS
LIBRARY RESERVE FUNDING
LIBRARY-OPEN ACCESS
LIBRARY.ALL OTHER INCOME
LOAN REPAYMENT-TIF
TRANSFERS IN*CABLE
LIBRARY-LOAN REPAYMENT
CEBA GRANT
PARKING FINES TRANSFER TO GF
LOCAL GOV~' REIMB-PARKS-JTPA
LOCAL GOVT REIMBoPOLICE
GRANT-FEMA REIMB-FLOOD
GRANT-POLICE-FEDERAL CRIME BILL
GRANTS-POLICE AND OTHER
FY96%
REC'D/
Y-T-D TO
SEP 30, FY96
1995 ACTUAL
TOTAL ALL OTHER INCOME
200,000 67,721 137,828 62,172 68.9% 115,392 23.7%
51,375 14,652 196 61,179 0.4% 17,856 14.0%
26,000 0 0 20,000 0.0% 0 0.0%
11,600 0 0 11,600 0.0% 0 0.0%
4,200 285 808 3,392 19.2% t,747 49.5%
71,790 5,983 17,948 63,842 26.0% 14,198 25.0%
$0,000 0 26,376 24,625 50.8% 8,935 14.8%
58,600 4,447 32,323 26,277 66.2% 14,785 19.9%
62,000 0 0 62,000 0.0% 0 0.0%
0 0 0 0 0.0% 6,200 25.0%
0 0 0 0 0.0% 12,600 25.0%
0 0 0 0 0.0% 300,000 100.0%
440,000 0 0 440,000 0.0% 0 0.0%
4,000 0 0 4,000 0.0% 0 0.0%
0 0 0 0 0 9,063 45,6%
0 0 0 0.0% 0 0.0%
228,000 21,877 36,856 192,144 15.7% 7,468 5.2%
0 0 22,696 -22,095 0.0% 13,183 17.4%
GRAND TOTAL REVENUES
1,207,465 114,966 273,029 634,43~ 22.6% 621,376 26.6%
28,439,132 2,448,487 4,370,168 24,068,964 15.4% 4,612,301 16.8%
GENERAL FUND EXPENDITURES BY DIVISION
CiTY COUNCIL -88,645 -6,333
CITY CLERK -2,44,g98 °22,257
CITY ATTORNEY -380,317 -29,008
SPECIAL CENSUS -108,021 -35,768
CITY MANAGER -340,683 °23,227
HUMAN RELATIONS -305,808 -18,453
ADA TASK FORCE -860 -13
FINANCE DEPT. ADMINISTRAT -238,698 -18,018
ACCOUNTING & REPORTING -410,022 -28,040
CENTRAL PROCUREMENT -198,701 -1§,725
TREASURY -827,064 -38,956
DOCUMENT SERVICES -196,603 o13,243
INFORMATION SERVICES -49?,076 -33,474
RiSK MANAGEMENT -503,689
GOVERNMENT BUILDINGS -281,384 -21,204
HUMAN RIGHTS ACTIVITIES -104,626 -8,024
NON-OPERATIONAL ADMIN. -3,338,976 -281,569
PPD DEPT. ADMINISTRATION -202,624 -12,515
URBAN PLANNING -246,676 -16,162
NEIGBORHOOD SERVICES -t08,439 -6,061
NON-GRANT COMM. DEVELOPME -66,666 -5,088
GENERAL FUND HOME MATCH -150,000 0
SYCAMORE VIEW -4,000
ECONOMIC DEVELOPMENT -128,869 -4,225
COMPREHENSIVE PLAN UPDATE -2,423 ol,674
LONGFELLOW NEIGHBORHOOD S 0 0
-15,84t .73,104 18%
-63,652 -18t,346 26%
-96,232 -284,086 26%
-3g,526 -88,496 37%
'.-83,650 -267,133 25%
-78,842 -226,966 26%
-82 -808 6%
-81,862 -176,166 26%
-102,041 -307,981 26%
-54,622 o144,079 27%
-137,943 -489,121 22%
-45,824 -t60,679 23%
-112,331 ..384,746 23%
-470,982 -32,607 94'/0
-65,366 -216,018 23%
-2t,776 -82,851 21%
-812,678 °2,626,397 24%
-48,434 -154,190 24%
-66,630 -190,945 23%
-25,439 -83,000 23%
-16,420 -90,246 23%
0 -160,000 0%
0 -4,000 0%
-29,868 -88,981 23%
-7,772 6,349 321%
0 0 0%
Page 8 of 27
-18,682
-58,307
-93,343
-92,670
-86,020
-48,602
-203
-64,162
-89,034
-5t,843
-138,641
-42,600
.98,691
-466,413
-61,360
-17,856
-2,007,333
-55,601
-53,790
-16,768
-20,966
0
0
-414,808
-110
-1
CITY OF IOWA CITY
GENERAL FUND REVENUES BY MAJOR CATEGORY AND EXPENSES BY DIVISION
FOR THE THREE MONTHS ENDING SEPTEMBER 30, lgg6
10000 GENERAL FUND
bNGINi:t:RING
PUBLIC WORKS ADMINISTRATI
CBD MAINTENANCE
ENERGY CONSERVATION
POLICE DEPARTMENT ADMIN.
POUCE PATROL
CRIMINAL INVESTIGATION
RECORDS AND IDENTIFICATIO
COMMUNrTY SERVICES BUREAU
EMERGENCY COMMUNICATIONS
JO CTY TASK FORCE GRANT
FEDERAL CRIME GRANT
FIRE PROTECTION
ANIMAL CONTROL
HIS DEPARTMENT ADMINISTRA
BUILDING INSPECTION
HOUSING INSPECTIONS
DEVELOPMENT REGULATIONS
PUBLIC SAFETY WELLNESS PR
TRAFFIC ENGINEERING
STREET SYS MAINT
FORESTRY
CEMETERY
RECREATION
PARKS
LIBRARY
PARKS & REC ADMIN
SENIOR CENTER
LIBRARY EQUIP. REPL. REBE
PARK LAND ACQUISITION RES
LIBRARY PUBLIC ACCESS RES
COMPUTER REPLACEMENT
PARK LAND DEVELOPMENT RES
TOTAL EXPENDITURE
NET RECEIPTS OR EXPENDITURES
MONTH FY9?
FY 97 ENDING Y-T-D %REC'D/ Y-T-D
AMENDED SEP 30, SEP 30, BUDGET SPENTTO SEP 30,
BUDGET 1996 1996 BALANCE BUDGET 1995
-63§,632 -36,257 -111,0~4 .525,546
-t45,765 -11,179 -37,646 -108,220 26% -36,0tS
-232,9M -19,014 -$3,355 -t79,629 23% -35,984
-36,711 -2.967 -8,924 .27.787 24% -6,270
· 310,$00 -20,993 -77,591 .232,609 25% -67,923
· 3,267,18t -242,078 -783,445 -2,$03,736 24% -765,505
· 457,366 -31,362 -t01,141 -356,247 22% -96,625
-287,639 -2t,963 -66,892 -220,647 23% -68,9t9
-196,792 -16,363 -40,824 -157,968 21% -39,332
-6-617,622 -37,918 -142,058 475,764 23% -1'J$,266
-60,161 -4,668 -17,468 -42,703 29% -6,976
-260,993 -17,728 -56,570 -222,423 2t% -12,002
-3,5t ?,954 -268,065 -908,613 -2,609,341 26°/{, -866,731
· 286,834 -20,088 -76,669 -210,265 26% .$3,6t0
-201,670 -12,415 -42,332 -159,238 21% .,44,6tt
-345,449 -26,895 .-68,862 -266,687 26% -77,114
-207,762 -16,342 -60,888 -166,894 24% ..47,743
0 0 0 0 0% 0
0 0 -3 3 0% 0
-913,109 -69,456 -198,438 -714,671 22% -187.403
-2,066,314 -161,537 -407,162 -1,659,132 20% -301,076
-273,794 -35,~t -106,143 -167,65t 39% -64,972
-208,883 -16,849 -53,779 -165,t04 26% 47,165
-t,932,231 -151,612 -578,033 -1,354,t98 30% -667,976
-1,151,360 -79,353 -246,608 -604,772 21% -232,743
· 2.84t.412 -229.606 -739.t33 -2.t02.279 ..... 26% -676.283
-164,195 -t2,523 -43,785 -120,410 27% -38,871
· 576,866 -32,348 -102,821 -476,035 18% -106,$82
0 -120 -120 120 0% -613
-72.100 -4.411 -13.473 -66.627 'J$% 0
0 0 0 O 0% -298
0 -1,917 -t,917 1,917 0% -2,733
-12,000 0 0 .12,000 0% 0
-30,099.857 -2,207.628 -7,601.890 -22,497.967 25.3% -8.637.663
-1,660,725 240.859 -3,231,72.2 1,570,997 -4,026,362
ENDING BALANCE 6,876,991 6,305,99t 5,305,995 6,270,611
FY96%
REC'D/
TO
FY96
ACTUAL
Page 9 of 27
Enterprise Funds:
Parking Fund
Pollution Control Fund
Water Operating Fund
Refuse Collection Fund
Landfill Operations Fund
Airport Operations Fund
Mass Transit Fund
Page 10 of 27
ENTERPRISE FUNDS NOTES
SEPTEMBER 30, 1996
Below is a summary by fund of the FY97 budget an~l actual beginning cash balance, revenues, expenses
(as amended) and ending cash balance with a brief explanation of major line items over or under budget.
Parklnq Fund
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Bud,qet @ 9-30-96 Budqet @ 9-30-95
Beginning Cash Balance $1,359 $1,359 $1,662
Revenue 2,962 831 28% 793
Expenses -31194 -657 21% -1,107
ENDING CASH BALANCE $1~127 $1,533 ~
9-30-95
Actual %
to Total
FY96
Actual
25%
31%
Overall, the September 30, 1996 cash balance of $1,532,626 is good. Revenues totaling $830,609 are
28% of the FY97 budget of $2,962,400 and $37,993 mor6 than the same time period last year. Below is
a schedule comparing revenue by type for the three months ending September 30, 1996, and 1995.
3 mos. actual
@ 9-30-95
DESCRIPTION FY96
$3 FINES $103,311
INTEREST 85,578
ON/OFF STREET METERS 154,996
PARKING LOT PERMITS 31,025
RAMP PERMITS 48,793
CAPITOL ST RAMP 224,150
DUBUQUE ST RAMP 104,151
CHAUNCEY SWAN RAMP - 16,702
METERED
OTHER REVENUE 23,910
Total Parking Revenues 7952,616
12 roes.
actual FY97
FY96 BUDGET
$460,800
268 974
610 528
107 873
191 503
995 365
398 910
69,502
3mos. actual
@9-30-96
FY97
$112,295
74,537
150,685
36,473
65,171
218,867
126,411
19,605
$440000
125000
590000
107500
238500
955000
350,000
62,000
FY97
Actual as a
% of
Budget @
9-30-96
26%
60%
26%
34%
27%
23%
36%
32%
116~655 26~565 94~400 28%
$3218110 $830~609 $2,962,400 28%
Parking Fines totaling $112,295 are 26% of the FY97 budget of $440,000 and $18,984 more than last year
at this t~me. Interest income totaling $74,537 is 60% of the FY97 budget of $125,000 and $11,041 less
than last year at this time.
On/Off Street Meter revenue totaling $150,685 is 26% of the FY97 budget of $590,000 and $4,311 less
than the same time last year ($154,996).
Parking I.ot Permit revenue totaling $36,473 is 34% of the FY97 budget of $107,500 and $5,448 more than
the same time last year ($31,025).
Ramp permit revenue totaling $65,171 is 27% of the FY97 budget of $238,500 and $16,378 more than the
same time last year ($48,793).
Capitol St. ramp revenue totaling $218,867 is 23% o! the FY97 budget of $955,000 and $5,283 less than
the same time period last year ($224,150). Page 11 of 27
Dubuque St. ramp revenue totaling $126,411 is 36% of the FY97 budget of $350,000 and $22,260 more
than the same time last year ($104,151).
Expenses totaling $657,214 are 21% of the FY97 budget of $3,194,390. Transfers totaling $297,399 are
18% of the FY97 budget of $1,629,598. Actual transfers include $232,399 to the Debt Service Reserve,
$42,500 to the Parking Improvements Reserve and $22,500 to Transit.
Wastewater Treatment Fund-
Description FY97
(in $1,00Os.} Bud.qet
Beginning Cash Balance $4,995 $4,995
Revenue 10,089 2,535
Expenses -9,674 -1 ~743
ENDING CASH BALANCE $5,410 ,~5~787
9-30-95
Actual %
FY97 FY97 FY96 to Total
Actual % of Actual FY96
@ 9-30-96 Bud,qet @ 9-30-95 _Actual
$3,183
25% 2,391 26%
18% -2,438 33%
$3~136
Overall, the September 30, 1996, cash balance of $5,410,521 is good.
Revenues totaling $2,535,256 are 25% of the FY97 budget of $10,089,426.
Wastewater Fees totaling $2,302,102 are 24% of the FY97 budget of $9,495,274 and $81,209 more than
last year at this time.
Interest income totaling $219,274 is 41% of the FY97 budget of $541,152 and $76,704 more than last year
at this time.
Expenses totaling $1,743,420 are 18% of lhe FY97 budget of $9,674,314.
Operating expenses totaling $662,140 are 20% of the FY97 budget of $3.234,231.
Debt Service funding totaling $1,081,280 is 17'~, of the FY97 budget of $6,440,083.
Water Operatino Fund-
FY97
Description FY97 Actual
(in $1,000s) Budqel @ 9-30-96
Beginning Cash Balance $3,231 $3,231
Revenue 6,135 1,888
Expenses -5,875 -719
ENDING CASH BALANCE ~ ~
9-30-95
Actual %
FY97 FY96 to Total
% of Actual FY96
Bud,qet @ 9-30-95 Actual
$2,393
31% 1,323 25%
12% -2~052 45%
~1 ~664
Overall, the September 30, 1996, cash balance of $4,399,405 is good. Revenues totaling $1,887,769 are
31% of the FY97 budget of $6,135,091.
Water fees totaling $1,804,921 are 30% of the FY97 budget of $5,937,091 and $537,887 more than last
year at this time due to the March 1, 1995 and 1996 rate increase and change to monthly billing in July,
1995.
Interest income totaling $71,233 is 36% of the FY97 budget of $198,000.
Expenses totaling $719,289 are 12% of the FY97 budget of $5,875,494.
Operating expenses totaling $685,289 are 18% of the FY97 budget of $3,840,444.
Debt Service and other transfers totaling $34,000 are 2% of the FY97 budget of $2,035,050.
Page 12 of 27
Refuse Collection Fund -
FY97
Description FY97 Actual
(in $1,000s) Budqet @ 9-30-96
Begimfing Cash Balance $364 $364
Revenue 1,957 502
Expenses -1,976 -514
ENDING CASH BALANCE ~ $352
9-30-95
Actual %
FY97 FY96 to Total
% of Actual FY96
Bud,clet @ 9-30-95 Actua___.[
$361
26% 467 25%
26% -412 22%
FY97 revenues totaling $501,963 are 26% of the FY97 budget of $1,957,000.
Refuse and curbside recycling fees totaling $454,469 are 25% of the FY97 budget of $1,830,000 and
$24,210 more than last year at this time.
Yardwaste bag sales totaling $32,629 are 36% of the FY97 budget of $90,000 and $115 less than the
same time period last year.
Volume based refuse stickers sales totaling $10,179 are 32% of the FY97 budget of $32,000.
Expenses totaling $514,190 are 26% of the FY97 budget of $1,975,609.
Landfill Operations Fund
FY97 FY97 FY96
Descriptinn FY97 Actual % of Actual
(in $1,000s) Budget @ 9-30-96 Budget @ 9-30-95
Beginning Cash Balance $1,433 $1,433 $2,072
Revenue 3,725 956 26% 1,011
Expenses -3~400 -882 26% -1,694
ENDING CASH BALANCE ~ $1,507 $1~388
9-30-95
Actual %
to Total
FY96
Actual
29%
41%
Overall, the September 30, 1996, cash balance of $1,507,065 is good.
FY97 revenues totaling $956,226 are 26% of the FY97 budget of $3,725,000 and $54,425 less than the
same time last year. Landfill tipping fees totaling $936,941 are 26% of the FY97 budget of $3,615,000 and
are $9,546 less than the same time last year. Interest revenues totaling $18,202 are 33% of the FY97
budget of $55,000 and are $4,587 less than the same time last year. Sale of recycled materials total
$2,230 compared to $40,836 at the same time last year.
Expenses totaling $882,378 are 26% of the FY97 budget of $3,400,248 and includes $425,000 transferred
from operations to reserve.
Page 13 of 27
t
Alr13ort Operation
FY97 FY97 FY98
Description FY97 Actual % of Actual
(in $1,000s) Bud,qet @ 9-30*96 Bud,qet @ 9-30-95
Beginning Cash Balance $14 $14 $14
Revenue 260 80 31% 69
Expenses -258 -56 22% -.78
ENDING CASH BALANCE
9-30-95
Actual %
to Total
FY96
Actual
27%
3O%
Revenues totaling $80,024 are 31% of the FY97 budget of $259,657.
Hangar rental totaling $45,582 is 36% of the FY97 budget of $127,000.
General Fund subsidy totaling $30,750 is 25% of the FY97 budget of $123,000.
Expenses totaling $56,000 are 22% of the FY97 budget of $257,754.
Operating expenses totaling $40,322 are 20% of the FY97 budget of $200,097.
Transfers out for Capital Projects, Debt Service Funding and Loan Repayments totaling $15,677 are 27%
of the FY97 budget of $57,657.
Mass Transit Fund
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Budget @ 9-30-96 Budqet @ 9-30-95
Beginning Cash Balance $281 $281 $223
Revenue 3,404 741 22% 732
Expenses -3,494 -735 21% -699
ENDING CASH BALANCE $191 $287 _$286
9-30-95
Actual %
to Total
FY96
Actual
25%
24%
Revenues totaling $740,997 are 22% of the FY97 budget of $3,403,923. Transit fees totaling $155,489
are 19% of the FY97 budget of $831,500 and $13,296 more than the same time last year. Federal UMTA
monies budgeted at $250,000 have not been received. State grant revenue totaling $80,742 is 32% of the
FY97 budget of $250,000 and $15,657 more than the same time last year.
The General and Parking Fund subsidies totaling $491,793 are 25% of the FY97 budget of $1,967,171.
Expenses totaling $734,925 are 21% of the FY97 budget of $3,493,957.
Page 14 of 27
FY97 Parking Fund
Budget to Actual Comparison for the Three Months Ending 9/30~96
Millions
$3.500
$3.000
Budget
Actual
$2.500
$2.000
$1.500
$1.000
$0.500
$0.000
21%
Revenues Expenses Cash Balance
FY97 Wastewater Treatment Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
$~2 ooo ~i°rils
$6 000 ~
$4 000 ~?/?
$2.000 ~.~:~ '~'
$0.000 i
Revenues
-t8%
'
Expenses Cash Balance
Budget [] Actual
Page 15 of 27
FY97 Water Operations Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
~-'~'-~' [] Budget ~ Actual
$7 000 ~- ~
$6 000'
$5.000
$4.000
$3.000
$2 000
$1 000 ~ ;
$0.000
Revenues Expenses Cash Balance
FY97 Refuse Collection Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
$2.000
$1.500
Millions
Budget ~_J Actual
~ 26%
Revenues Expenses Cash Balance
Page 16 of 27
FY97 Landfill Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
$4 ~
$3.5-
S3 ~-~ }'
$2.5 ~-~, ''
$1.5 ~--
$1
$0.5
$0
~ [] Budget ~ Actual
: I !
Revenues Expenses Cash Balance
FY97 Airport Operations Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Thousands
i J Budget ~' Actual
$300
$250
$200
$150
$100
22%
$50
Revenues Expenses Cash Balance
Page 17 of 27
FY97 Mass Transit Op. Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
Budget [] Actual
$3.000
$2.500
$2.000
$1.500
$1.000
$0.500
$0.000
21%
I i
Revenues Expenses Cash Balance
Page 18of27
Other Funds:
Debt Service Fund
Broadband Telecommunications Fund
Johnson County Council of Governments
General Fleet Maintenance Fund
Equipment Replacement Fund
Central Supply & Print Shop Fund
Road Use Tax Fund
Employee Benefits Fund
Page 19 of 27
Debt Service Fund
OTHER FUND NOTES
SEPTEMBER 30, 1996
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Budqet @ 9-30-96 Bud,qet @ 9-30-95
Beginning Cash Balance $641 $641 $530
Revenue 3,889 90 2% 185
Expenses -3,894 0 0% -50
ENDING CASH BALANCE ~636 $731 ~664
9-30-95
Actual %
to Total
FY96
Actual
4%
1'/o
Revenues totaling $90,250 are 2% of the FY97 budge~. of $3,888,873. Property taxes (budget of
$1,892,000) account for just under 49% of budgeted revenues. $87,425 or 5% of the property tax budget
has been received as of 9-30-96. This corresponds to when property taxes are due, October and March
of each year. Transfers-in from other funds (budget of $1,996,873) account for the balance of budgeted
revenues. The transfers are mostly from Enterprise Funds to pay for their share of debt service. Actual
transfers occur only when principal and/or interest is actually paid, usually in November/December (interest)
and May/June (principal and interest). None of the transfers budgeted from Enterprise Funds have been
receive(] as of 9-30-96.
The majority of the expenditure budget of $3,893,721 will be spent on principal/interest in
November/December 1996 and May/June 1997.
Broadband Telecommunications Fund -
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Bud,qet @ 9-30-96 Bud,qet @ 9-30-95
Beginning Cash Balance $229 $229 $133
Revenue 302 120 40% 76
Expenses -311 -135 44% -7__.~9
ENDING CASH BALANCE $220 $__~21.~4 9130
9-30-95
Actual %
to Total
FY96
Actual
16% .
21%
Revenues totaling $119,998 are 40% of the FY97 budget of $302,000. The largest revenue source is from
the cable franchise fee (budget of $294,000). This fee is remitted quarterly. $113,835 or 39% of the
franchise fee budget has been received through 9-30-96.
Expenses totaling $135,767 are 44% of the FY97 budget of $311,410.
Page 20 of 27
Johnson Count[ Council of Governments
9-30-95
Actual %
FY97 FY97 FY96 to Total
Description FY97 Actual % of Actual FY96
(in $1,000s) Budget @ 9-30-96 Bud,qet @ 9-30-95 Actual
Beginning Cash Balance $8 $8 $14
Revenue 336 86 26% 69 23%
Expenses -338 -77 23% .79 27%
ENDING CASE BALANCE $6 $17
Revenues totaling $86,353 arc 26% of the FY97 budget of $335,720. Funding from other local
governments totals $26,244 or 33% of the budget of $79,750. 19% or $12,778 of state/federal funding has
been received to date. The subsidy from General Fund (buclget of $85,500), Solid Waste Surcharge
(budget of $37,000) and Road Use Tax (budget of $66,000) are prorated over the twelve months. Actual
transfers in arc 25% of the budget at this time.
Expenses totaling $77,530 are 23% of the FY97 budget of $337,789.
General Fleet Maintenance -
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Bud,qet @ 9-30-96 Bud,qet @ 9-30-95
Beginning Cash Balance <$73> <$73> $75
Revenue 1,283 471 37% 200
Expenses -1,209 ~303 25% -249
ENDING CASH BALANCE $1 $9=~5 $2--6
This fund accounts for the maintenance on all City vehicles except the Transit Division.
9-30-95
Actual %
to Total
FY96
Actual
17%
19%
Revenues are
generated from chargebacks to all City departments and divisions based on vehicle usage and in some
cases actual repair costs. The first quarter revenues reflect an additional $115,800 which was charged to
City departments as a correction of FY96 rates for certain classes of equipment.
Expenditures are in line with the budget.
Equipment Replacement Fund
9-30-95
Actual %
FY97 FY97 FY96 to Total
Description FY97 Actual % of Actual FY96
(in $1,000s) Bud,qet @ 9-30-96 Bud,qet @ 9-30-95 Actual
Beginning Cash Balance $2.354 $2,354 $1,789
Revenue 903 241 27% 140 15%
Expenses -1,194 -36 3% -65 18%
ENDING CASH BALANCE ~2~063 ~ ~1,864
This fund accounts for the majority of all City purchases for vehicles.
Revenues are generated from
chargebacks to all City departments and divisions based on estimated cost to replace the vehicles.
Revenues totaling $240,890 are 27% of the FY97 budget of $903,000. Chargebacks to all departments
totaling $196,038 are 24% of the FY97 budget of $829,000.
Page 21 of 27
Expenses totaling $35,998 are 3% of the FY97 budget of $1,193,924. Only 2% of the FY97 capital outlay
budget of $1,1 45,590 has been spent to date.
Central Services -
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Budqet @ 9-30-96 Bud,qet @ 9-30-95
Beginning Cash Balance $241 $241 $243
Revenue 651 171 26% 128
Expenses ;7.54 -268 36% -187
ENDING CASH BALANCE $13..~8 ~144 ~184
9-30-95
Actual %
to Total
FY96
Actual
21%
30%
This fund accounts for the centralized purchase of supplies, in-house printing, radio maintenance and the
purchase/lease of City-wide copy and fax machines. Revenues are generated from chargebacks of
supplies used, actual print jobs, copier/fax use and radio repairs.
Expenses are in line with the budget except for capital outlay. Capital outlay expenses totaling $106,536
are 87% of the FY97 budget of $122,386.
Road Use Tax Fund-
FY97 FY97 FY96
Description FY97 Actual % of Actual
(in $1,000s) Budqet @ 9-30-96 Budqet @ 9-30-95
Beginning Cash Balance $4,937 $4,937 $4,136
Revenue $4,100 $1,144 28% $1,052
Expenses -6,855 -2,315 34% -~00
ENDING CASH BALANCE $2,.~182 $3,767 $4,088
9-30-95
Actual %
to Total
FY96
Actual
25%
32%
Revenues totaling $1,144,358 are 28% of the FY97 budget of $4,100,000. State Road Use Tax (RUT)
revenue is budgeted at $66.96 per capita for FY97. FY96 RUT revenue totaled $3,990,756 which is $66.80
per capita. Actual RUT revenue for the three months totals $1,056.244 or approximately $70.73 per capita.
The balance of revenue comes from interest income.
Expenditures include transfers to the General Fund for the net operating cost of the Streets and Traffic
Engineering Divisions. Transfers to the General Fund are net of any other revenue received by the Traffic
Engineering and Streets Divisions within the General Fund. The General Fund also receives a transfer in
of $33,940 from this fund for reimbursement for the budgeted salary and benefits of one Forestry Division
maintenance worker assigned to maintain forestry aspects along the public right-of-way. The City portion
of support for JCCOG transpotation is funded from here, budget of $66,000. Transfers out also include
funding of applicable streets related capital improvement projects (ClPs).
Actual transfers to Traffic Engineering totaling $192,593 are 21% of the FY97 budget of $900,401.
Actual transfers to Streets totaling $406,553 are 20% of the FY97 budget of $2,063,993.
Subsidy to Forestry and JCCOG are transferred evenly throughout the year.
CIP transfers totaling $1,690,807 are 45% of the FY97 budget of $3,789,336.
Page 22 of 27
Eml~loyee Benefits Fund -
9-30-95
Actual %
FY97 FY97 FY96 to Total
Description FY97 Actual % of Actual FY96
(in $1,00Os) Bud,qet @ 9-30-96 Budget @ 9-30-95 Actual
Beginning Cash Balance $821 $821 $483
Revenue 4,064 399 10% 484 13%
Expenses -3~811 -904 24% -786 23%
ENDING CASH BALANCE ~1~074 $316 ~181
Revenues totaling $398,641 are 10% of the FY97 budget of $4,064,233. Properb/tax budgeted revenues
are approximately 82% of the FY97 budget. $143,952 or 4% of the FY97 property tax revenue budget of
$3,326,729 has been received through 9-30-96. The majority of property revenue is received twice a year,
approximately 50% in October and 50% in April. This coincides with the due date of property tax bills from
property owners.
$79,195 was received from the University of Iowa Fire Contract. $50,000 or 25% of the FY97 budget of
$200,000 was received from the General Fund to be used in FY2000 for a 27th pay period in that year.
$114,250 or 25% of the FY97 budget of $457,000 was transferred in from the Public Safety Reserve.
Expenses totaling $904,128 are 24% of the FY97 budget of $3,811,756, The major budgeted expense is
a transfer out to the General Fund. The transfer pays for the benefits of employees in the General Fund.
The employer share of FICA, IPERS, Police/Fire Pension, health premiums, life premiums and workers
compensation,
Page 23 of 27
FY97 Debt Service Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
$4.000 ~.~-~-I ! [] Budget ~} Actual
$3 500 - -- '
$3.000 '~-~
$2.500 --~' ~-
$2.000
$",.500
$1.000 ~-~"
$0.500
$0.000 - ,, - I
Revenues Expenses Cash Balance
FY97 BTC Operations Fund
Budget to Actual Comparison for the Three Months Ending 9/30/96
Thousands
~'---- i [] Budget '~ Actual
$350 '~- ' ................
$300
$250
S200
$150 ~-
$100
$50 .... ~
$0
Revenues
Expenses
Page 24 of 27
Cash Balance
FY97 JCCOG
Budget to Actual Comparison for the Three Months Ending 9/30196
Thousands
I [] Budget [] A~u81
$350 _r_l~~
$300
$250
$200
$150 ~
$100
$50 ~
Revenues
Expenses
23%
Cash Balance
FY97 General Fleet Maintenance
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
$1oo -~-~-'~
I [] Budget [] Actual
$0
Revenues
37%
Expenses
Page 25 of 27
25%
Cash Balance
FY97 Equipment Replacement
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
$2.500
$1.000
$0 500 ~-
Budget F~ Actual
3%
$o.ooo --- F ....... _ __j i
Revenues Expenses Cash Balance
FY97 Central Supply & Print
Budget to Actual Comparison for the Three Months Ending 9/30/96
Thousands
$~oo -~~ ..........
Budget ~) Actual
$700
$600
$500
$400 ~-~
$300
$200
$100 ~
$0
Revenues
Expenses
Page 26 of 27
Cash Balance
FY97 Road Use Tax
Budget to Actual Comparison for the Three Months Ending 9/30/96
Millions
-~ ~ Budget ' Actual
$7.000 -~ - --
$6.000
$5.000
$4 000
$3.000 -~
$2 000 J~
$1.000
T
.__
Revenues
Expenses
Cash Balance
FY97 Employee Benefits
Budget to Actual Comparison for the Three Months Ending 9/30/96
Thousands
$5,000- '~'~ ~ Budget ~_'. Actual
$4,000 .....
$3.000 -
$2,000 -
$1,000
· ' 24%
$0
Revenues
Expenses
Page 27 of 27
Cash Balance
City of Iowa City
MEMORANDUM
Date:
To:
From:
December 13, 1996
Mayor and City Council
Marian .,K,. Karr, City Clerk
Kevin O Malley, Risk Manager
Dennis Mitchell, Asst. City Arty.
Pedicab Insurance
At your December 3 Council meeting John Weber, owner of Jawbone Pedicab Company,
requested a lowering of the insurance requirement for pedicabs.
Section 5-2-1 of the City Code defines "vehicle for hire" as a "taxicab, pedicab and horse-drawn
vehicle." Pedicabs are now subject to the same requirements, including insurance, as other
vehicles for hire for health, safety, and welfare reasons. A conscientious decision was made to
require the same insurance for all vehicles for hire within the City. As you know, developing
insurance requirements is not an exact science. Many suppositions about possible risks related
to actions are articulated and then methods of risk avoidance/transfer are implemented. These
efforts are employed to lessen the uncertainty of outcomes from decisions and actions.
At the December 3 meeting a number of questions were asked as to reasons and options
available. This memo will attempt to address those questions.
If the City continues to license, is it necessary to treat all vehicles for hire the same
as far as insurance? No. The City Council could reasonably decide that pedicabs should
not be subjected to the same insurance requirements as taxicabs. From a risk management
perspective, however, staff views the pedicabs as having less protection for passengers if
involved in an automobile accident or other types of spills. The City Council could impose
different restrictions on pedicabs, such as restricting the operation of pedicabs to the
downtown business district and providing that pedicabs may only operate during the
daylight hours and during certain months. There is an advantage from an administrative
standpoint that the requirements, including insurance, remain the same.
If we lower the limits do we increase City risks or liability? No. Licensing merely gives
a person the privilege to do something, subject to certain requirements which are imposed
for health, safety and welfare reasons. Lowering or eliminating the insurance requirements
would not likely expose the City to liability. For example, the City would have no more
liability than the State of Iowa has for uninsured drivers which are involved in accidents.
However, if a passenger of a pedicab were injured and insufficient insurance was available
to cover the costs of the passenger's injury, legal counsel would probably try to find some
theory of liability against "deep pockets" such as the City.
Pedicab Insurance
December 13, 1996
Page 2
From a risk management perspective, insurance limits are determined by the usual costs of
providing medical and rehabilitative care, pain and suffering compensation, and legal
expenses of injured or deceased passengers involved in traffic accidents.
In the State of Iowa, drivers are not required to have insurance before obtaining a drivers
license. If a pedicab does not have sufficient insurance to cover the cost of an injury, and a
pedicab passenger is injured by an uninsured or underinsured motorist, the pedicab
passenger may not have sufficient reasons available to pay for the costs of the injury,
including pain and suffering, etc.
If the City opts to not license pedicabs, is our risk or liability for pedicabs changed?
No. The same analysis applies as the answer for item number 2 above.
In paragraph 4 of the attached letter from Atty. Robert Michael, representing Jawbone, Arty.
Michael notes the differences between pedicab operations and those of other taxicabs.
Those differences are currently self-imposed and not required. If Council wishes to
continue licensing pedicabs as vehicles for hire but reduce the insurance requirements, staff
recommends that the operations be restricted. Restrictions would include operating in
daylight hours, certain months of the year, and in the downtown area only.
It is also important to note that drivers are not required to have insurance in the State of
Iowa before obtaining a license, which may differ from the other states cited in Atty.
Michael's letter.
After review of this matter by staff it is our recommendation that the present insurance
requirement remain the same. Certainly other options are available to Council. Council
may chose to not license pedicabs at all or continue to license with certain restrictions.
Should the Council opt to continue to license with restrictions you may wish to address
horse-drawn vehicles under the same section and with the same restrictions. Staff will be
available at your work session of December 16 to answer any further questions.
12-12-1996 02:2BPM FROM LYI~,I.~.ENLEAF ~ MICH~ TO 35~9 P.B2
LYNCH, GREENLEAF & MICHAEL, L.L.P.
LAWRENCE L. LYNC2~I STF~HEN N. GRERNLE/d~ ROBERT S. MICHAEL
VIA FACSIMILE TRANSMISSION: 356-5009
Marian ES,T
Civic Center
~owa City, Iowa 52240
Dear Marian:
Decem~ 12, 1996
I represent John Weber who operates a pedicab business in Iowa City.
I have visited with his insure, and he has informed me that he is unaware of
any alternatives which would allow for John to purchase any other type of
insurance for a less costly pmmi:~m.
In addition, I have contacted the Offices of the City Attorneys for Chico, CA,
Denver, CO, and Tempe, AZ. They have all indicated that they do not treat the
pedicab businesses in their cities as %ehic]es for bite." They do not reqaim any
type of special registration ~dth them, other titan the normal business regisl~ation.
In addition, they don't require any special type of insurance. Chico, CA would seem
to be the most ~,il~r city in comparison to Iowa City. They are a city of
approximately 40,000 people, with an urban area of approximately 80,000. They
also have Chico State College located in the city. Chico, CA specifically exempts
pedicabs from the defi_nlt~on of vehicles for hire.
The pedicab business is quite different from any taxi cab bu.,iness ofbeln~
operated ih Iowa City. The Pedicab may ouly hold two and poa~ihly three
passengers, is operated at a relatively low speed, and is only operated during
limited hours on weekends within a very centralized area located near downtown
Iowa City. This type of business is clearly different from any taxi cab, which could
car~'y many people, which can reach speeds which could exceed the speed limit, are
operated 24 hours a clay, and have no ]imitation to their area of operation~
I thlnl~ it would be beneficial, not only to John Weber .~nd future pedicab
operators, but the citizens of Iowa City, to act as other cities have acted and ~xempt
pedicabs from the stringent intomince requirements for taxi cabs.
If you would like to visit with me further about this matter, please feel free to
give me a call.
1402 WILLOW CREEK COURT, P,O. BOX 1757 * IOWA cITY * IOWA, 52244-17~7
TELEPHONE: (319) ~,51-10~16 FACSIMILE: (319) ~,38-6854
12-12-19~ 82:29P~1 FR~)M LYNCH,(~ & MIO-~ TO ~ P.83
-2-
Sincerely,
cc: ,John Wel~er
TOTRL P,83
City of Iowa City
MEMORANDUM
To: Steve A~s, City Masagcr
From: Ice Fowler, Director Parking & Transit
R~ere~ce: Trimsit Building Update
l~cember ~, 19~ the City received a final ~port f~om Work Safc Iowa. I havc attached a full copy of thc
report. To S~mnnri~e briefly, the building is safe. Minimal levels of methane were ~tected in the
building but no urnale levels were detected. The highe~ interior re~ngz were in the office are~. A high
metirene re~iing waz dc~cted in one of the exterior roof vents at the north east comer of the building.
~ vent the ~m_,~cs from beneath the building. Furtl~r investigation of this area was recommended.
The report ~commendcd testing of the underground dr~nz and vents. Friday December 6 testing of the
ficordr~insstarted. Theremainderofthedrainzandthcventswillbete.,,'tedinthenearfuture. Wca~
waiting for tbe t~sults of th~s¢ test but the initial obsen, ation$ indi~at~l that then: was a po~itivc flow
from all tested drains to the main hole.
Continual t~ting, either sp~t t~'ting based on odor or continuous testing was r~..ommend~d. It will
thc to:om~ncndation of the Risk Manager and royserf that a combination of both methods b¢ devclop~l to
monitor
Further teeing of the building and the site will continue. This report verifies that the current work
environment is safe but that the situation n~l$ further study and monitoring.
A copy of this report Ires b~en distributed to each Transit employoe.
City Attorney
Risk Manager
THE UNIVERSITY OF IOWA
November 22, 1996
Kevin O'Malley
City of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240-1826
Dear Mr. O'Malley:
On November 4, I meet with Jame~ Gulland and Barry O'Connor at the transit facility on
River Road to do the investigation as requested. This report includes a description of the
activity at the site, the data collected, the results, and a discussion with concluding
remarks. Some recommendations for further monitoring to consider are also included.
In summary, I would report that the analysis indicates ambient levels of methane
throughout the building at low levels. While these concentrations of gases are not known
to cause any harm, they indicate an abnormal condition. Closer examination of the gases
pulled from the exhaust indicated very high concentrations of methane in the exhaust of
one stack near the service bays. The problem seems to be somewhat localized and
perhaps would require less extensive correction than was speculated. However, practical
remediation efforts may best take the form of control with building ventilation systems at
this time. Periodic sampling of ambient air quality should be performed at least while
modifications are taking place.
Please feel free to call me at 335.4481 if you would like to discuss this report or any
aspect of the transit building situation. I will be available to meet with you and others
who might wish to discuss the options.
Sincerely,
Sen/or Industrial Hygienist
l~tltute of ~calt-aral Medlclne
and Occupational Health
Collese of Me~llclne
1 O00ak~le Campus # 126 A/~ac
Iowa CIt~, Iowa $2242.5000
319/335-44~3
FAX319/335-4225
Air Quality at the City of Iowa City Transit Facility
Background
Concem about the air quality at the Iowa City Iowa Transit Facility was first discussed
with Steve Reynolds and Mark Safarik of WORKSAFE IOWA at a meeting with Kevin
O'Malley and James Gulland of the City of Iowa City on October 3, 1996. A prelkninary
site survey was conducted by Mark Safarik on October 11, 1996, which was followed up
by a recommendation for performing the teats reported here. The subject of this study is
a building utilized by the Iowa City Transit System for the maintenance and storage of
the City bus fleet and includes facilities for the cleaning, routine service and office staff.
The building is located on a site formerly utilized as a sanitar7 landfill.
Over the 13 years since the building was first occupied odors have been reported in most
parts of the building. A network of PVC piping located beneath the building was
originally intended to ventilate a gravel bed, passively removing any residual methane
production or other gases and vapors seeping from the landfill. Prior to contacting
WORKSAFE IOWA, a study of the system by remote camera determined the ventilation
system was damaged in the vicinity of service bay C4. Efforts to mitigate infiltration of
gases by installation of booster fans has been somewhat successful in overcoming the
tendency for odors to enter the building.
In addition to odors, other irregular/ties in the service pit bay C4 were also reported.
Some problems in the building with separated sewer lines were assumed corrected by
extensions of the drains installed by inserting pipe downward through the floor drains to
keep the sewage flowing on course to the main sewer lines. Some infiltration of gas is
believed to enter through separations in the sewer drain. The service bays were subject to
additional problems due to settling of the surrounding site while the building remained
relatively stable. As the grounds subsided more asphalt was deposited near the bay doors
to smooth the driveway into the service bays. Asphalting was repeated on a regular basis
over several years. Portions of the subsurface exhaust system extend beyond the
perimeter of the building in the zone in which the subsidence was corrected with these
additions of asphalt.
As occasional odors have continued to be detected the concern of the management lead
them to seek assistance from WORKSAFE IOWA to assure occupant protection.
Methods
The air quality inside the building as well as the gases exhausted from the buildings
substructure would be evaluated in this study. Whole air samples collected in tedlar bags
and glass vials were utilized since tiffs method is capable of measuring low molecular
weight gazes anticipated in high concentrations as well as quantifying .volatile organic
compounds that might be present. Inside the building seven locations were selected for
member 5, 1996 I P976-023
sampling, representing routine work areas in which odors were reported by workers a~
listed in Table 1. Gas content was deterrnined for each location for; total hydrocarbons,
carbon monoxide, meth~me, carbon dioxide, oxygen and nitrogen. While two sampl~
were collected fi'om each location only one was analyzed, the other to be preserved in
case more detailed analysis might be useful later.
The stacks on the roof of the building at the site were also sampled with a Crowcon
Triple-Plus combustible gas detector and velocity measured with an Alnor 6000 P
swinging vane anemometer. Readings of the stack exhaust combustibility and velocities
were noted as listed in Table 2. Six stacks were numbered in the order that each was
sampled for combustible gas as indicated in the paragraph below Table 2 with the
exception of tile stack that was not equipped with a fan and was flowing in reverse. Stack
#4 was selected for tedlar bag sampling based on high readings on the combustible gas
indicator and the presence of a strong odor associated with the landfill gas. Three air
samples were collected from stack g4 into 4 liter tedlar bags, two of which were sent for
laboratory gas content analysis and volatile organic vapors as displayed in Table 3. The
third bag was retained in case of problems with shipping or analysis of the other bags.
Air Sampling Results
Samples were shipped to TRI/Envixonmental, Inc. (Texas Research International) for gas
chromatography analysis. Samples collected from the exhausts in the tedlar bags were also
analyzed using mass spectrometry.
Table 1
Ambient Area Samples from Inside the Transit Building
Sample # and Site Hydro- Carbon Methane Carbon Oxygen Nitrogen
carbon blonoxide Dioxide
$
Centerof C3 andC4 <1 ppm <1 ppm 33.1 ppm 491ppm 20.6% 77.5%
Pit in C4 <1 ppm <1 ppm 25.9 ppm 454ppm 20.5% 77.2%
Center C6 <1 ppm <1 ppm 58.4ppm 558ppm 20.3% 76.6%
Office entry way <1 ppm <1 ppm 42.2 ppm 529ppm 20.6% 77.5%
Admin/lobby <1 ppm <1 ppm 70.7ppm 622ppm 20.5% 77.0%
Garage <1 ppm <1 ppm 2.9 ppm 512ppm 20.5% 77.4%
Body Shop <1 ppm <1 ppm 49.8 ppm 486ppm 20.4% 77.3%
Seven locations within the Transit building selected for sampling are displayed in table 1. A brief
description of the location of the collection is followed by columns listing the concentrations measured in
the samples of total hydrocarbons, carbon monoxide, methane, and carbon dioxide. Oxygen and nitrogen
are given as a percentage of the total sample volume. Normal a~'nospheric carbon dioxide is considered
280 ppm to 350 ppm and oxygen 20.9 %.
l~*m~-r 3. l ~6 2 P976-023
Table 2
Stack Exhaust Combustibility and Velocities
Stack#
1
2
3
4
5
6
Linear Velocity (approx.fi/min)
600 feet per minute
1100 feet per minute
1100 feet per minute
1000 feet per minute
1050 feet per minute
800 feet per minute
Combustibility (% LEL)
1-2 % lower explosive limit
0 % lower explosive limit
5 % lower explosive limit
7 % - 46 % lower explosive limit
0 % lower explosive limit
0 % lower explosive limit
Table 2 indicates estimated velocity and combustibility of the flow from stack # 4, Velocity was esnmated
from readings with an Alaor 6000P Velometer. Combustibility was recorded with continuous readings of
lower explosive limit. 'Ille stacks ~om storage area were #1west end and #2 east end; stack #3 is centered
above the service bays and g4 was located on the east side of the north building between the service bays
and the bus cleaning area. #5 was on the west end of the north building and #6 was on the north side of the
nozth end budding.
Table 3
Roof Exhaust Stack # 4 Samples
Bag # Hydro- Carbon Methane Carbon Oxygen Nitrogen
carbons Monoxide Dioxide
# 2 10ppm <1 ppm 12000ppm 10800ppm 19.4% 75.8 %
# 3 10ppm <1 ppm 14300ppm 12900ppm 19.3 % 74.4%
Table 3 combines results from both gas chromatography results and mass spec~xomelry. The laboratory
reports nmnerous hydrocarbons present in the samples such that quantitication of any individual
compounds was not possible. A large nusnber of hydrocarbons in the range of C6 to CI0 were present.
This is consistent with light naphtha which consists of compounds with boiling points between 100 and
300 F. Compounds such as benzene and toluene fall in this range and may have been present but could not
be posifvely identified due to very low concentrations of individual components.
Discussion
The air sampling measurements of the building atmosphere did not identify any
hazardous levels of gases in the areas sampled within the limits of the method utilized.
The methave concentrations measured in the building were well below levels that could
be of concern to safety and health. As a simple asphyxiant methane poses an immediate
thxeat to health when it displaces oxygen sufficient to produce suffocation or reaches
levels high enough to support combustion. Methane may not react even at levels high
enough to support combustion in oxygen deficient environments or merely due to a lack
of an ignition source. Variations in concentration from one area to another in the building
were not great enough to single out any specific trouble area. The methane concentration
detected in the Administrative Lobby area which was slightly higher than other parts of
the building was probably due to less ventilation to the axea. Conversely, the garage area
had the lowest levels of methane. Differences in ventilation rates due to garage doors
opening and exhaust hood use will have a moderating impact on methane levels
December3,1996 3 P976-023
throughout much of the bus maintenance facility. Actual infiltration rates may vary and
will depend on numerous factors such as wind and rates at which outside air is introduced
into the building.
Carbon dioxide appears to be slightly elevated above normal outdoor air, (280 to 350
ppm) throughout the facility. Carbon dioxide, while posing no threat to health at these
relatively low levels, can be used to detect deficient flesh air turn over rates in buildings.
Typically rates around 600 ppm or higher indicate an inadequate supply of fresh air in
offices. In this case the addition of carbon dioxide from the landfill gas seepage probably
accounts for much of the elevated readings and would not indicate inadequate air turn
over rates. Since the landfill gas samples contained both methane and carbon dioxide
concentrauons in roughly the same range (10,000 to 15,000 ppm), one might assume the
contribution of carbon dioxide in the building fi'om the landfill gas to be close to the
methane measurements. Some of the elevation is undoubtedly due to landfill gas
seepage. However, fuel combustion products and human respiration probably contribute
to the elevated concentrations as well.
When each stack was sampled with the combustible gas detector a methane producing
area associated with stack # 4 four was identified. The comparatively low levels
exhausted from the other stacks apparently isolates the problem to the stack ~ area.
While gases being ventilated did not reach explosive limits at any time while monitoring
the stacks, levels at stack # 4 fluctuated broadly and measured high enough to raise
concern that explosive concentrations are approached and perhaps exceeded at t'zmes.
The laboratory reported a low oxygen content (19.3-19.4 %) as well which will suppress
the readings on the combustible gas indicator. The depressed oxygen content in the bag
sample means that inu'oducing more air could actually enhance the explosivity slightly
until volumes are enough to displace the methane in the exhaust. Since readings of
combustibility varied greatly between the exhaust stacks it is likely that much higher
concentrations of methane probably exist beneath the building at points where gas,
generation or introduction to the gravel bed is higher and where ventilation rates are
slower.
The stack samples contained significant hydrocarbons not detected in the interior
samples. Because the samples contained a large variety of these hydrocarbons, each at
low concenlxation, no specific compounds could be identified. Hydrocarbon
contamination in the class of compounds indicated could be present due to losses of
solvents to the environment from inside the building, outside perimeter or could be
coming ~om the landfill. The building may be in the plume of a waste site on a nearby
property also. Some waste solvents such as toluene and xylene typically used in painting
operations would be classified among the hydrocarbons detected.
D~:¢rnber 3, 1996 4 P976-023
Conclusions.
Methane levels measured inside the building confirm the infiltration of landfill gas into
the building. High methane concentrations were detected in one of six exhausts currently
in operation. The localized nature of the problem, apparent from the stack samples, is
indicative of a somewhat limited problem area.
The building systems are failing to control methane as well as desked. The conditions
are contributed to by a combination of factors. Probably the most significant include:
1. Building bus exhaust removal systems and winds create negative pressure inside the
building drawing contaminants up from below.
2. Barriers intended to seal the subsurface gravel bed and exhaust system failed to seal
out gases and may be damaged.
3. Subsurface st~'uctures such as the sewage lines and the methane removal system have
been damaged.
4. Site geology has changed as indicated by subsidence of surrounding asphalt and
through intervention efforts to maintain the driveways.
The stack samples demonstrate high levels of methane at stack # 4 and very little
elsewhere in the system. Given the design of the subsurface ventilation system it would
seem likely that a region beneath the building in the vicinity of stack # 4 is where the
highest concentrations of methane would be found. Most likely the flow of methane
comes primarily from some short distance away from the vertical portion of the stack.
Two explanations present themselves for the high methane source reaching stack # 4.
Landfill gases infiltrating from the east side of the building are effectively being funneled
to this location or new generation of methane is occurring due to the deposition of sewage
beneath the building around stack # 4. There may be some combination of these two
effects occurring as well.
Recommendations
The correction of the situation at the Transit Building could be handled with a complete
overhaul of the site by excavating and restoring the subsurface equipment to original
specific. ations. However, even such drastic measures could not be assured of
accomplishing the orig/nal intended function or achieve hygienic conditions, nor could
such an effort be guaranteed to be effective for a sufficient length of time to justify the
cost. An exploration of the sight around stack # 4 on the northeast side of the building to
help determine if repairs or modifications of more limited scope are feasible should be
considered. For example, it may be possible to install equipment to supplement exhaust
De¢¢rnb~r 3, 1996 5 P976-023
to the gravel bed from a location immediately adjacent to the building. However, until
subsurface observations are obtained other methods seem more reasonable.
Without large scale corrections involving the substructure or until a permanent correction
is in place, relatively minor improvements couId reduce infiltration of contaminants.
Primarily this means improving ventilation and skif~ing the dynamics of the air
movements in the building. Ventilation in the building already plays an important role in
controlling contamination and modifications should only be performed with consideration
for what impact changes may have on the entire system. A methane monitoring system
will be critical in determining whether efforts have been effective or detrimental. In that
regard please consider the following:
I. Bring in more air from outside the building in whatever way and at any location
possible to provide make up for exhaust systems.
2. Pressurize office areas with small amounts of outside air and likewise in any other
portions of the building that can be effectively sealed.
3. Exhaust the minimum quantity of air necessary to control contaminants. Utilize
ventilation systems that completely enclose contaminant sources or utilize passive
exhausts to reduce overall demand for air and negative pressure inside the building.
4. Utilize blowers or "push units" to ventilate the C4 pit reducing the overall quantity of
air being exhausted. Push ventilation systems if not connected to a reliable outside air
source must be carefully located as not to draw in contamination from other sources to
the area to be ventilated. In this particular situation bringing in fi'esh outdoor air both
eliminates a negative air source and helps pressurize the building.
5. Install a heat exchanger on the gravel bed exhausts. The moderate temperature landfill
gases exhausted fi'om the substructure could be drawn through a heat exchanger unit to
condition the incoming air desired for pressurization or push units. Such a unit may pay
for itself in heating and cooling costs.
6. Increase exhaust ventilation beneath the building. While pressurizing or at least
reducing negative pressure in the interior of the building, creating a stronger negative
pressure gradient in the g~avel bed should help keep contamination and odor moving in
the preferred direction.
Further Recommendations
It is always the desire to eliminate contamination sources. In the case of the transit
building that may not be feasible. Isolation of the problem area is the next best solution
generally and was intended here but was proven difficult to maintain. Endeavoring to
D~ 3, 10~6 6 P976-023
control contaminants once released becomes more difficult. This is the situation practical
concerns present. ,
A system capable of detecting failures in the protection of the building seems prudent. A
periodic testing program would serve the dual purpose of monitoring methane levels for
health and safety and checking improvements achieved through mitigation efforts.
The type of monitoring to be performed could be selected fi'om two extremes. On the one
hand, an automated central detection system capable of measuring changes at low levels,
throughout the building at all times and chart measurements, and on the other, a manual
system that detects changes only on perhaps a month to month basis, incapable of alerting
in the midst of a critical event. The advantages of the central detection system are clear.
However, the utility may be proven only in the event of a sudden change in conditions in
which a warning may be ineffective anyway.
Given the warning properties of the gases from the landfill that seem to take the form of a
distinct odor, a periodic monitoring may be more practical. Periodic monitoring could
be established in-house utilizing the simple method demonstrated with the glass vials
filled on site each week or month perhaps. These samples could also be collected any
time an odor was observed by staff in the building. While results would not be
immediate, trends could be e,~tablished. This method in combination with a portable
combu~ible gas detector for deployment to trouble sites could provide nearly equivalent
assurance.
A separate investigation to study the hydrocarbon contamination would also be advisable.
A sampling study and analysis of the work areas and stacks to focus only on the
hydrocarbons could positively identify specific compounds involved and their relative
concentrations to provide clues about the origins. Ultimately, a geotechical company
should be consulted if this situation is not already documented and proper compliance
activities initiated. If monitoring wells have not already recorded contaminants in the
area the problem may be localized to your area and may for the time being be relatively
limited.
Prepared by
Mark Safarik, MS, CIH
Senior Industrial Hygienist
Reviewed by
Associate Professor
D~ceml~r 3, 1996
7
P976-023
Umvers~ty of Iowa - (319) 335-5210 - Created: Wednesday, December 11. 1996 10:37 AM - Page I of 1
-',~G~.~.-_~ ' ' Z --~J-~ ........... ~,~---,-,----.-
1126 E..~;ex St.
Iowa C'i~' IA ~2240 ' ~
SAVE COMEDY CENTRAL!
Dee. I1, 1996 -- An evd conspiracy has been hatched by Tele-Commanicatlons Inc. (Tel). ;he Denver-based cable TV giant
who currently 'owns" Iowa City cable television subscrbers and ;he exhorbitant fees [hat are charged ;h/s captive audience
Here this now. TCI head man John Malone. and here it loudly: You can overcharge u.s. You can take away WGN and ;he Cubs
and Wl~te Sox games. You can take away VH- 1. But you will never take away Comedy Central. You can'tl You will have
to pull ;he remote control from our cold. dead fingem b~fur¢ we will allow that to happen
Comedy Central is a nataonal tre~t~'ure It~ poliucal coverage during an o;herw~sc ~usastrous ele~on year was excellent
Comedy Cewaal corresponden~ worked [he convention floors and got ;he big stories [hat ;he major networks missed
TCI is in financial trouble for one mason and one reason alone -- it has failed to keep up with ~eir compctttora. We still get
only 37 lousy channels here in lowa City and we should be geUJng 70 and more. just as many as Cox or any other cable
company providel People are fed up wi;h TCI! And now. thisl The forced removal of VH- 1 and Comedy Central as of Dec.
31. 1996.
TCrs local manager in Iowa C~ty. Bill Blough. ts an honorable man made to take all the heat from area cable customers
because of marching orders he has received from TCI headquarters He does not have a chmce. The real enemy is Mr Malone
He has pushed us around for the last Umel
CACA recommends the following actions to be taken against TCI in January ff ;he proposed channel changes become reality.
· Actively petition t he City of Coralville to end It~ relationship with TCI and go with a better company to s~rve its citi zmm.
TCl's contact w~th Coralville ended Dec 9 and has been extended for 90 days -Encourage all Coralville res]denLs to reject
TCI I
· Take an $11 deduction from your January cable hill. That ]s ;he price that Rupert lvlurdoch paid, per subscriber, to get
TCl to carry th~ Fox News Channel (Ch 23) locally. Changing channels is no problem if TCI ge~s paid for it!
· Participate In the CACA One-Cent Sale for ;he month oI January That's right - reslead of paying your normal cable
bill for January. write out a check for $0 01 w~[h a note sayre§ thal as soon as the channels in question are restored. TCI will
be p~d the rest.
· Demand that TCI admit how much money thcAmmal Planet. Encore Plus and Cartoon Notwork are paying for access to
the local system
· tiang John Malone ~n effigy on ;he Pedesman Mall in Iowa C~ty[
· For further Information on CACA. phone (319) 354-2433 or write CACA. 1126 Essex St, Iowa City I A 52240.
DOWN WITH TCI! DOWN WITH JOHN MALONE!
City of Iowa City
MEMORANDUM
Date: December 13, 1996
To:
From:
Re:
The Honorable Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~ .
Duty to Defend City Employees; Shaw Incident
Issues
Questions have been raised as to whether the City has a legal obligation to defend City
employees involved in the Edc Shaw incident, which occurred on August 30, 1996. More
specifically, the question is "why is the City still obligated to pay attorney fees for former police
officer Gillaspie -- since he is no longer a City employee?"
Duty to Defend
Answers to these questions are found in state law, namely the chapter entitled "Tort Liability
of Governmental Subdivisions." Section 670.8, Code of Iowa (1995) provides that the City
"...shall defend its officers and employees, whether elected or appointed, and
shall save harmless and indemnify the officers and employees against any tort
claim or demand, whether groundless or otherwise, arising out of an
alleged act or omission occurring within the scope of their employment or
duties."
Section 670.8, Code of Iowa [emphasis added].
The exception to this "duty to defend and indemnify" is where an employee is found liable for
punitive damages by either a judge or jury, or where a judge or jury determines that the
employee's actions constitute "a willful and wanton act or omission," or constitute "actual malice
or willful, wanton and reckless conduct," Sections 670.8,.12, Code of Iowa. Also, the dght to
defense and indemnity is lost where a judge or jury finds an employee has acted "outside the
scope of their employment or duties," Section 670.8, Code of Iowa. State law also provides
that the officer or employee must "cooperate in the defense against the claim or demand," or
otherwise risk losing the dght of indemnification, Section 670.8, Code. The City has purchased
I~ability insurance coverage for punitive damages.
Ongoing Duty
As to why the City has a continuing legal obligation to defend and indemnify Officer Gillaspie,
the City's obligation is triggered when the actions (or inactions) complained of occurred while
the employee was acting in his official capacity. Thus, even though Officer Gillaspie is no
longer a City employee, Gillaspie's actions (or inactions) now being challenged as unlawful in
2
the Shaw claim occurred while Gillaspie was an employee, thereby triggering the City's duty
to defend.
As for the billings for Jeffrey Gillaspie's defense submitted by Attorney Bruce Walker, the
itemized statements contain attorney-client communications which are privileged and therefore
confidential. However, the amounts of the bills are a matter of public record, and reflect the
following:
September 30, 1996 billing:
professional services for attorneys and other staff
(represents 97.7 hours)
expenses
Total
$8,424.25
85.90
$8,510.15
November 1, 1996 billing:
professional services
(represents 35.5 hours)
expenses
Total
$3,663.75
121.45
$3,785.20
One final note: Since Bruce Walker will not be participating in the settlement discussions, I
would expect the billings to decrease in dollar amounts. As you know, settlement negotiations
begin January 17, 1997.
Please call if you have questions.
cc: City Clerk
City Manager
Assistant City Manager
Bruce Walker, Attorney for Jeff Gillaspie
File
CITY OF IOWA CITY
PARKS ARD P~X~ATION DEPARTMENT
TO:
FROM:
DATE:
RE: .
Parks & Recreation Commission
Michael E. Moran,
December 13, 1995
Low Income Fees
The statistics compiled for informational purposes for the Recreation
Division's low income program are as follows:
# OF
SEASON APPLICATIONS
AMOUNT
OF ASSISTANCE
TITLE XIX INCOME
APPLICANTS APPLICANTS
Winter/Spring 94 114 $3,002.22 28 85
summer 94 115 4,562.97 38 76
Fall 94 79 2,075.35 19 60
Winter/Spring 95 70 2,590.81 23 47
Summer 95 93 3,597.99 35 56
Individuals continue to take better advantage of the summer season,
which also includes our bigger ticket items such as swim passes and
Summer Camp. The Recreation Division has established a better working
relationship with the Department of Human Services, which will help to
get our programs out to their clientele.
No changes are recommended at this time; however, further discussion
should be held regarding possible contact with the Johnson County Board
of Supervisors to encourage an arrangement to include county residents,
if we think that is needed, such as is done with the Senior Citizen
Center, Library and ambulance service.
cc: Terry Trueblood, Director of Parks & Recreation
Jobmort County
Don Serf, Chairperson
Joc Bolkcom
Charles D. Duffy
Stephen P. Lacina
Sally Slutsman
BOARD OF SUPERVISORS
December 17, 1996
Call to order 9:00 a.m.
INFORMAL MEETING
Agenda
Review of the formal minutes of December 12th.
3. Business fi'om the County Auditor.
a) Discussion re: earmarking funds in the Rural Capital Projects Fund.
b) Other
4. Business from Larry Olson, Director of S.E.A.T.S re: office hours for
reservation purposes/discussion.
Business from Gary Schropp,
Sesquicentennial Commission re:
people of Johnson County for
Building/discussion.
Chairman for the Johnson County
presentation of two framed prints to the
display in the County Administration
Business from Dr. Craig Mosher, Director of Mental
Health/Developmental Disabilities Department re: discussion of the
following:
a) Needs Assessment.
b) Service plan.
c) Legal settlement.
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350
TEl.' (319) 356-6000
FAX: (319) 356-6086d~
To, IOWA CITY CLERK Ftoa, Jo Ho{larty 1~-16-96 ~,18am I). 3 of 3
Agenda 12-17-96
Business from the County Engineer.
a)
Page 2
Discussion re: replacement of county unit//20 (1987 Osh Kosh~ruck)
for a 1997 Osh Kosh Truck.
b) Discussion re: request to vacate a portion of Angle Road in the town of
Williamstown and establish pem~anent easement for Angle Road.
c) Discussion re: repair to Kansas Avenue Bridge.
d) Other
8. Bushhess from the Board of Supervisors.
a) Discussion of 28E agreement between Johnson County and the Iowa
Departtocher of Human Service for the provision of human senrices.
b) Discussion re: appointments to the boards and commissions.
c) Reports
d) Other
9. Discussion fi-om the public.
10. Recess meeting to Secondary Roads Department.
11. Business from the County Engineer.
a) Discussion re: one and five year construction plans.
b) Other
12. Recess back to Board meeting room.
a) 1:30 p.m. - possible Executive Session to evaluate' the professional
competency of an individual whose appointment, hiring, performance or
discharge is being considered... (County Engineer)
13. Recess
City of Iowa City
MEMORAND I
'G IDENTIAL
Date:
To:
From:
Re:
December 13, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney ~
Update on Legal Opinion Requests: Is the land east of the City Cemetery restricted,
in whole or in part, to cemetery use; and if so, does the City have an obligation to honor
those restrictions?
Issues
Possible expansion of the city-owned Oakland Cemetery first raised the question of whether
the land to the east of the cemetery, now being used for parkland, is legally restricted to
cemetery use - either in whole or in pad. After presenting my preliminary legal opinion to you
at your joint City Council/Parks and Recreation Commission meeting on November 13, 1996,
and now having received wdtten responses from the Gaulocher heirs, the question is now
whether the City has an obligation to honor those restrictions.
Summary of Conclusions
Having heard from four direct descendants of Christian and Theresa Gaulocher, all of whom
express a desire to have at least 5-10 acres set aside for cemetery purposes, it is the opinion
of this Office that the City has some obligation under Iowa law to respect the Gaulocher heirs'
wishes. While it may be argued that the Gaulocher heirs have "rested on their rights" for some
30 years and are now estopped from asserting the cemetery restrictions because the 39.83
acre tract has been used as parkland since the 1960s, I think the family can make a colorable
claim, perhaps even a successful claim, that the land purchase was a "contract" with certain
restrictions imposed thereon, and that the wishes of the sellers' heirs should be followed.
Because the land was purchased by pdvate contract, refusal of the City to abide by that
contract may result in litigation
Background: History of Cemetery Growth
The land now being used for a City cemetery, namely Oakland Cemetery, includes land grants
from both public entities and private parties. For example (and according to research
completed in 1973 by Gene Chubb, Parks and Recreation Department), the first land grant for
the cemetery was in 1843 from the Iowa Territorial Commission, see map marked Attach-
ment A. Although Chubb's memo notes this 1843 land grant to be from the "State of Iowa,"
the grant was actually from Iowa as a territory since Iowa did not become a state until 1846,
see attached memo marked Attachment B. Because Mr. Chubb was not an attorney, I find this
m~sstatement of fact (state vs. territory) to be minor in nature, and will continue to rely on the
information collected by Chubb.
2
The land now being considered for possible expansion of Oakland Cemetery is located to the
east of the eastern-most portion of the Cemetery, and is designated as "Hickory Hill Park 39.83
acres" on the attached map marked Attachment A. This 39.83 acres was purchased by the
City over a six-year period by virtue of a "contract to purchase", with payments by the City from
1913 to 1919, see attached document entitled "Copy of Contract with Chris Galoucher [sic] for
land for Cemetery purposes" marked Attachment C. This contract was approved by the City
Council at a formal meeting on February 7, 1913, when the Resolution authorized the Mayor's
execution of the contract, see Attachment D. This 1913 purchase was finally consummated by
the Gaulochers executing a warranty deed in 1919, see Attachment E.
The deed conveyed both the 8.75 acres now being used as part of Oakland Cemetery, as well
as the 39.83 acres now being used as Hickory Hill Park. The deed was properly recorded in
the Johnson County Recorder's Office March 11, 1919. Even though the 1913 resolution and
the 1913 Contract indicated that both tracts were to be used for "cemetery purposes," there is
no restrictive language in the deed itself, see Attachment E. Under an old and somewhat
misleading doctrine of "merger," which is a concept of property law, the City could make the
argument that the contract restrictions "merged into" the deed and thus disappeared because
not recited in the deed. However, this archaic merger doctdne is falling out of favor with
modern courts, see CRIBBETT, ET AL, CASES AND MA'I'ERIALS ON PROPERTY (March
1991), pp. 1280-81 and cases cited therein. Indeed, the Uniform Land Transactions Act would
abolish the doctrine completely, Id. Because of this changing law on "merger," it is my opinion
that the Gaulocher Heirs could likely be successful in arguing that even though the deed
contained no restrictive cemetery purpose language, the combined Resolution and Contract
clearly survived the deed - and that the +40 acres is restricted to cemetery use. It goes
without saying that if such language were in the deed, much of the confusion during the last
30 years might well have been avoided.
Nonetheless, whether or not the cemetery purpose was stated in the deed, the City Council's
clear intention in 1913 was to use the land for cemetery purposes, as seen in the resolutions'
intent clauses:
'~Nhereas, the Committee on Public Grounds and Buildings of the City Council
of Iowa City, Iowa, having been instructed at a previous meeting to investigate
and report the advisability of the City of Iowa City acquiring additional real estate
to be used for cemetery purposes; and,
Whereas, the said Committee has this day reported, which report is is [sic] hereby
referred to and made part hereof; and,
Whereas, the same has been adopted and approved; ...."
See Attachment D.
The 8.75 acres of the Gaulocher Tract was put to cemetery use, but according to Jim Wonick,
Cemetery Director, the 39.83 acres was mowed by the City and sometimes used as
pastureland until approximately 1980. This indicates that the land remained available for
cemetery purposes. Another indication that the 39.83 acre Gaulocher Tract was to be used
for cemetery purposes ~s that both the 1913 contract and the 1913 City Council resolution
recited that the Gaulochers agreed to remove trees on the land when directed to do so by the
City, see Attachment D. Taken together, this language ~ndicates -- at least in 1913- that both
the Gaulochers and the City intended both parcels - 39.83 acres and 8 acres - to be used for
cemetery purposes.
Records also show that City warrants were ~ssued on cemetery funds to pay at least a portion
of the City's cost to purchase the Gaulocher Tracts, see Attachment F. It is unclear at this time,
without more extensive research, as to whether these funds were proceeds from selling
cemetery bonds. By way of explanation, a "warrant" is a claim asserted against the City's
coffers or treasury, as opposed to a check which is payable from a bank entrusted with City
funds. Without going into great detail to explain the legal differences between a check and a
warrant, suffice it to say that at least a portion of the two Gaulocher Tracts were paid from City
Cemetery funds.
In 1950, the City purchased from Claude and Mabel Woods the 40 acres to the north of the
land in question off Conkiln lane, for further expansion of the Cemetery. This '~/oods Tract"
is now where the park shelter is located m the upper portion of Hickory Hill Park. Although the
then-City Council intended this 1950 purchase to be for cemetery purposes (see attachment
G), in 1980 the City Council chose to dedicate this 40 acres as parkland, see Attachment H.
Prior to taking this step, however, then-Parks and Recreation Director Dennis Showalter
contacted the private grantors of this 40 acre tract, namely Mrs. Mabel Woods -- one of the
two original grantors. Mrs. Woods had no objection to changing the use of the land from
cemetery to parkland, and thus agreed with the City's official dedication of the land for park
purposes, see memo dated January 3, 1980 and marked Attachment I.
You will also note that Attachment K shows that the 1980 City Council initially considered
dedicating both the 40 acre Woods Tract and the 39.83 Gaulocher Tract as dedicated parkland,
see 1979 memo from Dennis Showalter and the proposed ordinance marked Attachment J. For
whatever reason or perhaps because the Council knew the 1913-19 Gaulocher Tract purchase
was intended for cemetery purposes, the City Council in 1980 chose to only dedicate the 40
acre Woods Tract as parkland, see Attachment H. This left the 39.83 acre "Gaulocher Tract,"
as least for then, as parkland stating that this "means that the cemetery could expand into a
portion of it [Gaulocher Tract] at a later date," see Attachment K.
Update on Family Wishes
Now in 1996, with the City considering expanding the cemetery to the east and into the 39.93
acre Gaulocher Tract now being used as part of Hickory Hill Park, the question is whether the
City's use of th~s land is subject to any legal restrictions Based on the facts apparent to me at
the time, I issued a summary memo to you and the Parks and Recreation Commission dated
November 8, 1996, wherein I suggested that, absent an expression of wishes from the
Gaulocher heirs, the City was free to use the land as either cemetery land, parkland, or a
combination of both.
After discussion at your November 13, 1996 joint meeting with the Commission, you directed
me to attempt to contact the Gaulocher heirs, as to whether they preferred the land to remain
as parkland or be used for cemetery purposes. Thanks to Dick Dolezal and Irving Weber, I
4
soon spoke directly w~th Gretchen Gaulocher Lobdell, of Palm Harbor, Florida, and asked ~f she
wished to express a preference as to whether the land sold by her grandparents should be, in
whole or in part, preserved for cemetery purposes. She told me that she and Ruth Kelleher,
of Iowa City, Iowa were granddaughters of Christian and Theresa Gaulocher; and on November
15, 1996, I forwarded information to these two direct heirs. [A copy of this letter was previously
sent to you, FYI.] As I was preparing the letter, I discovered that Ruby Fleming of Coralville,
Iowa was also a direct descendent and granddaughter of Christian and Theresa Gaulocher, and
that Judy Slezak was a great granddaughter. Thus, I sent the same information to all four of
the heirs on November 15, 1996. I received a telephone call from Dennis Gaulocher of Iowa
C~ty, Iowa -- but he is a great nephew of Christian Gaulocher, not a direct descendent. I sent
the same information to him on November 21, 1996.
Now as of December 13, 1996, I have received the expressed wishes of the three granddaugh-
ters (Gretchen, Ruth and Ruby) as well as the great granddaughter (Judy Slezak), see
attached. As you can see from the letters, all four of the direct descendants of Theresa and
Christian Gaulocher prefer that the entire 39.83 acres be held for cemetery purposes, and that
at least 5-10 acres now should be put to cemetery use. A majority of the family also agrees
that the remaining portion of the land is suitable for park purposes -- at least until the land is
needed for cemetery purposes, see attached letters.
Based on my legal research to date, it is clear that at least ten acres of the land known as the
"39.83 acre Gaulocher Tract" is restricted to cemetery use by virtue of the 1913 contract, but
there may be room for negotiation regarding the remaining 30 acres. In any event and absent
litigation, I recommend that at least ten acres of the Gaulocher Tract be formally rededicated
for cemetery purposes, and that negotiations ensue as to the remaining thirty acres.
Legal Analysis:
The recent discussion of possible expansion of the cemetery into land now being used for
parkland raises the ultimate question of whether public uses of publicly-owned properly must
continue, in perpetuity, for that same public purpose and use -- regardless of changes in
circumstances resulting from time, City needs or objectives, or uses of land in surrounding
areas.
The general rule in Iowa is that a City has the authority to change the use of publicly-owned
property from one public use to another, so long as three conditions are met:
1)
resolution;
The change is done legislatively and formally, meaning by way of ordinance or
2) There are no private restrictions on the land imposed by the private grantor
(meaning the person who dedicates, donates, gives or sells properly to the City); and
3) No special damage or private rights are claimed by reason of improvements on
adjacent property made in reliance on the permanency of the particular and original public use.
Carson v. State, 38 N.W.2d 168, 174-175 (Iowa 1949). In other words, so long as there are
no private restrictions on the land given or sold to the City and no one claims their property
5
rights will be damaged ~f the pubhc use ~s changed. the City is free to change city-owned land
from one public use to another public use
An example of this general rule was demonstrated when the Chauncey Swan Park, across from
the Civic Center, was converted to a combined parking facility and small park. At that time,
the City Coupcil took formal acbon by approving the design and specifications for the parking
facility, and then formally accepting the completed work as a "public improvement." Thus, the
land was changed from parkland to a combined public use of "parkland" plus "parking facility."
Th~s does not mean, however, that the former Chauncey Swan Park area could only be used
as a public park, in perpetuity -- which is apparently the rule in some states. Rather in Iowa,
the general rule is that absent private restrictions, if a city council formally declares its intent
by official action such as ordinance or resolution, the public use of the property can be lawfully
changed:
"The rule is repeatedly stated by McQuillin that property devoted to public use,
such as parks, cannot be alienated [sold] or diverted without legislative authority
[cite omitted]."
Carson, at 174.
However, a different rule applies where private property is given, sold, dedicated or otherwise
conveyed to a city, and where that private properly grant contains conditions covering the grant.
In such a situation, the Iowa Supreme Court views the restrictions as a form of contract, and
thus requires the city to respect the wishes of the grantor. This means that where private
property has
"...by its owner been dedicated to public use and accepted by the public for the purpose
specified in the dedication,..."
that public use must remain on the dedicated property. Carson, at 172. The Iowa
Supreme Court in 1949 explained the reason for this "private grant/dedication" rule:
"It is based upon the theory of a contract between dedicator and public which is
b~nding on both parties .... We do not question the soundness of the proposition
as limited to such dedication of private property. Undoubtedly in such case
the dedicator, or one claiming under him, can maintain suit to prevent
diversion in violation of the contract dedication."
Carson, at 172 [emphas~s added].
In applying this Iowa law to the facts before us, the first question presented to me was whether
a general member of the public, e.g. a taxpayer, has standing to enforce the restrictions of the
Galoucher 39.83 acre Tract purchased for cemetery purposes. This question, of course,
assumes that the language in the 1913 City Council Resolution and the 1913 contract signed
by the Crty and the Gaulochers place certain restrictions on the Tract now being used as
Hickory Hill Park. As noted in my November 8, 1996 memo to you, the answer ~s that only a
representative of the odginal grantor [Gaulochers] or one claiming through the original grantor
has standing to assert restrictions on a public use which were part of the original transaction.
6
A simdar quesbon as to whether a taxpayer had standing to assert a restriction in a "private
conveyance" was raised in a case enbtled Coilis v. Board of Park Commissioners of City of
Clinton, 38 N.W. 2d 635 (Iowa 1949), where a member of the public brought a lawsuit against
the city and park commissioners for changing the use of a levee or dike near the Mississippi
River into a park. In the Coilis case, the Court found a general member of the public had no
standing to enforce such private dedication. However, the Iowa Supreme Court pointed out
that the attempt to enforce the restrictions might make a difference if the person filing the
lawsuit was asserting a claim through the original dedicator of the land, or was alleging
private damage; but in the absence of either, the plaintiff had no standing to enforce such
"private dedication as a levee." Coilis, at 637. See also Warren v. The Mayor of Lyons City,
22 Iowa 351 (1867) [property dedicated to city as a "public square" could not later be sold as
a private subdivision, where the original grantor, or persons claiming through the original
grantor, asserted the private restrictions].
Now, having received wdtten correspondence from four direct descendants of the original
grantors, [Gaulochers], indicating they wish to assert the "private restrictions," the next legal
question is whether the transfer documents create a "private restriction" on the 39.83 acre
Galoucher Tract in question, and whether such restrictions are enforceable by the Galoucher
Heirs in a court of law.
As noted above, the doctrine of merger under property law generally means that whatever
promises were made in a contract of purchase or other preliminary documents, said promises
would be "merged" into the final document (warranty deed) and terminate unless restated in
the deed. As you will note in the warranty deed (Attachment E), there is no reference to
conveyance of this land for cemetery purposes, or for any other public purpose. However, it
is questionable that this doctrine survives. This means that Gaulochers can make a colorable
claim that the City is legally obligated to respect and abide by the "private restrictions" placed
on this conveyance by Theresa and Christian Galoucher and accepted as such by the City.
On balance and if the Galoucher family heirs chose to press the issue, a court would likely give
considerable weight to the restrictive language, and may well find the land was sold and
dedicated for cemetery purposes sufficient to trigger the "private restriction law." At this point,
the courts would "strictly construe" the private restriction language, and may well find the
language binding on the City, Carson, at 174. In other words, the mere passage of time or
change in circumstances would not necessarily change the plain meaning of the restrictions
stated by the City Council resolution of 1913, and the "contract for purchase for cemetery
purposes" executed by both the Gaulochers and the City in 1913, see Attachments C and D.
Conclusion
While the restnctive language was not found in the deed, it is my considered opinion the City
Council is legally obligated to take into account the expressed preferences of the Galoucher
heirs. It would be my preference that the City make an effort to accommodate the Galoucher
heirs' wishes. and to at least seriously consider dedicating or rededicating by resolution ten
acres to Oakland Cemetery, and begin negotiations with the family to dedicate thirty acres of
the remaining land to Hickory Hill Park. I have no feel, one way or another. as to whether the
Gaulocher family would initiate litigation.
7
will be available for questions during executive sessior~ on Monday, December 16, 1996, at
6:30 p.m.
NOTE: This memo can be a "public memo" if you so choose.
Attachments
cc: City Clerk
City Manager
Assistant City Manager
Terry Trueblood, Director Parks & Recreation
A'FI'ACHNENT A (1 page)
9?3
etery
Gene Chubb
Gene Chubb
February 13, 1843
January, 1900
September, 1917
March 8, 1919
March 7, 1951
December, 1966
1967
1930
19~4
Deed from State of Iowa to City of Iowa City for public
burying g~ound for Out-lot ~10, original townsite (sq.
block lying Northeast of intersection of Church and Gov-
eITt or. )
By 1870, City map shows Cemetery to include Outlots #10,
{11 and blocks 9, 11, and 12 of Woods Subdivision.
By 1900, City map shows Woods Subdivision - Irish exten-
sion lots 22, 25, 24, and 29 and the East half of block
10, Woods Subdivision as bedriff in the Cemetery.
Reno Street, extended into present Cemetery, vacated f~om
Ronalds Street ~orth.
City purchased Northwest 1/4 quarter, block lO, Wood's
Subdivisions.
(Only the Southwest quarter of block 10, Wood's Sub-
~ivision has not been identified}.
City purchased from ~hristian Gaulocher 39.83 and 8.7S~
acres lying East of the Irish extension of Wood's Sub-
division C$12,14S). 3'his included the bulk of the Hicko~
Hill wooded area.
City purchased 40 acres from Mabel and Claude Woods. (S½
S.E. ~, S.W. Sec. 2 and Stl, S.W. ~, S.E. ~ Sec. 2).
City purchased 17.5 acres from the Irish estate for $48,6
This was a S0% grant from HUD for open space uses.
City purchased access on 7th Avenue. Extended North of
Rochester ~treet from Irving Pfab.
Entry gates on Brown Street installed.
Portland cement street system installed, six inch portlan
cement with 5/8" rods.
ATTACHMENT B {1 page)
ATTAC £tlT C (3 pages)
~ Cc[,y cf Cot. tract ~--' ~ C}',rlsa~cu~.ha: for ~nd 'or Ceme~er} ~ur~.cs~e~
This ~$re~en~ of con%rsc~ made th~s 17~h day of Psb~ary,A.D. 1913,
be%ween Christ ian Galouohsr and T~sresa Gaioucker,h~s wide,of Iowa Ci%y~
Joknson Co~y~Iowa~ horeinaf%~r ~alled th~ ver. 4ors,of ~he flrst par~ and
C:~y of Icwa Ci~y,Io~a,hsr~inaf~r called ~h~ ~urchaser of the other
WiTb~SE~ That whereas the City Co~.011 of ~he said city of Iowa City, on
%ho ~%k~day of Febr~ry,A. ~l~13,passed and ~dopt~d 8 r~solu%ion au~horizin~,
d:rsct:nE and ~power~nE i~s }~ayor and City Cl~rk ~o ~er into a con~rac~
for th8 p~rchsse of %ho r~al 8state hsroin doBcribed on %h9 %erm~ ~d conditior
~efer~nce is h~by mad8 to said rgsolution ~d %he same is made a part
h~reof,as ~o~h fully ~co~orated
No~Therefo~,tho s~ v~dors h~eby 8~11 and convey to tha said
p~chaser,th8 said city of Iow~ "City, Iowa, for %h~ s~ of ~welF~
~ h~dr~ ~d fo~y five ( 12,145.00 ) Dollars~ the follow~g d~scrib~d
pr~ieds si~t~ In the Comfy of Jonson,State of
~Z~g at the NE. Cor.of tho 5~.~ of Sec.ll ~.?9, R.R~ge S.W.of the
5th,P.~.,r~nin~ %hence South 130~ feetsthence West 1324 F~t to the west
line of the NE.~ of the N~- of said Section,thence North on said line
F~t %o the North line of said Sacrich, thence East 13~0 F~t~ the place
of beginin~, containin~ 39.83 Acres.
Also the follow~i~ Betin~/ at. the NE. Oor of the NW.~ of the 5~.~. of
Secti~ 11,T~.?9.N.R~Ee 6. W.of the 5th,P.~.r~nini thence South 130~ Feet,
thence West 288 ~eet~ th~c~01 Feat to the no~h l~e of said Section,
thence ~et ~97 ~eet %o the place of be~in~ ~d c~ain~ B.?5 Acres.
Said purchase p~ice here~ menti~ shall be paid as follo, s,t~wit,
~o Thoue~d ~11~a($ Z,~O.00) ~ the date of the ex~ton hereof,and the
~)mnce theref 'on ~Ef~ed pab~ente ~ instel~to of ~e ~oue~d Dollars
(S 1,00~.00} ~ch y~ly ~tll one-half of said p~chase price shall have
be~ paid,at which time,good ~d s~fici~t ~rr~% Deed ehc~ing cle~ Title
shall be e~ecu~ by the said V~dora to said p~chse~, ~d the r~ainint
~l~oe o~ said purchase price shall be ~d hereby ie crea~ to be a first
llen ~ the pr~ls~ herein mentionS.
':All ~f said defer~ paints from ~d after the date of the ex~uticn of
th'le instruct ~hall bear intreat at the rate of Six(S) per c~t per
payable ~n~lly. It beini fu~h~ a~re~ ~d ~dersto~ that ~he said V~4o
of the praises here~ m~ti~ed shall have and r~e~mh~ dir~t~,all of
and &ossssn~ta ~q said property,do a~d payable after the year ]913,eha!l
b~ paid~ deschar~by the said purchaser.
Txme le made the s88~c~ and condition of ~hi8 c~ntract ~d a f8il~o
by ~he said purchaser to mee~ ~y of the principal ~d interest at the
maturety thereof shall~a~ th~ option ~ said V~dor ~ork a forfeiture hereof~
~d the ~ so received by said V~dor shall be forfe~t~ ~d ret~ by
said Vendor as his pr~e~y to be applyed a~ and for liqoidat~ dama~ea for
.breach of this a~re~t~in case s~tt is necessary to ~nforce the t~ms
hereof ~d ~n ~hich ~cnt~if said Vendor~i~ 8uceesf~l herein,s reasonable
~, shall be taxed in h~s f~vor as Attcrney~ Fees,as costs in said action~
=: In Witness whereof ~he partShereto have h~e~to executed this ~
~reement the day ~d date fir~% written,
Signed. Christian Oaloucher & Theresa Galouche~
Part~of the First Part.
City of Iowa City.
By G.W.Koontz. Mayor.
Art eat.
Geo,T. Reddick.
City Clerk.
State of Iowa.
Johnson County.
Be it resbared that before me;the undersigned a Notary
P~,lic in and for said Co~ty;and State,personally apesred Christian
$aloucher,to me ~orsonally known to be the identical person whose name and
signature are affixed to the above and foregong tnatrmnant,and who in my
presents acknowledged the same and the exec~utlon thereof to be hie own
vo!ur. taxy act and deed for the purpose~ herein expressed.,and also appeared
Ceorge W. Kocntz and George T. Reddick each of whom are to me personally
incan, and each of whom by me severally sworn on oath,for himself did say
that the said George N. Ko~tz am Mayoz' and the said Oeorge T.Reddiok as
City Clerk of %he said Olty of Iowa City, Iowa,and that the aaml affixed to
the able said ins.~.~t is tho os{Pots. to seal o~ said oorporati~ of
Iowa City,Iowa,and .%h~ the foregoi-~ instr~en~ was signed and sealed in
behalf o~ said corporation by authority of its City Council,and %he said
¢oorse W. Koonts as Mayor and George T.Reddick aa City Clerk did s~exally
co r~,cl,& tior..
Witnee. ~y hand and officiel meal ~hie 17~h,day of ~ebruary,A.D. 1913.
$18n ed
N. W. Put erb~ugh.
i;o tary Public,
Paymen:a' Made.
Feb. Z~{1913._ ..... $ ~.~000.00 Principal
" 17,191{ ....... ~ jOO0.00 ·
" 17j1914 ....... ~08.70
" 18, 1915.-~ .... ~8.70
' 17,1916.- ..... ~.70
~. 4~1916.- ..... l~000.~ Principal
~eb.Sl,1917 .....
~8.70 Int e~ea~
~. /~/7, /. ~..~
e
of
A T T A.C H M E N. T.. D...._.(.I] ~ ge )
· ~w~; ~t ~ s~ =~ be ~ro~6a~d 6~ t~e rate e~
de~ ~d :~e b~ thee~e~ ~ a~al~ntm 0~ One ~ut~
~TIO~.
'aOq~ ~lt~ ~ estg~ ~' ~'~d for ce~ts~ ~ofis; ~,
~0~ I~ w6~ ~e~aa ~s d~ ~e~tod,
ishereb7 t~ffeP~ed tean~ me ~e~t he~*er; and, .
~eaa t~ sere h~s besn adopted i~dapprovad,
d%roe~d ~ e~o~d ~o enter ~o a oon~rao~ o¢ ~ro~se wl~h one
be~'~dl~te~ Jo~ ~ Oaklsnd Oe~e~
· or~ ~ ~ ~l~s ~ b~ paid when said oon~rao~'s~llbe
e~ld, ~ ~ b~co ~ do~Prod p~n~s oe~stallMn&o eF one
staid ~eo~ee pmi~,$nolu~.~5 t~ ~e~es~ at t~ ~6to o~ six pep Oent
......... per ~ on oai~ do~e~d p~n~, ~ve been psid)-l~
.......... ~- - ~h~ di~oted~ ~ ~or n~ s~ ~d ~o~g on
.... ~e ~e~ mooelation wan b~e~o~oro ~eo!~d ~uo~ ~op~ed.
l~I4~ION ORullalNO ZmRUANOE OF BOI~O,q POR BM.,ANO8 ~E 0.~
A1~881{1~ AOAIN,~I' ABUT'PI:{O PROPER?Y,
· 3 ~orr&b~ on ~ ~011ow~g mtL~yr, ;,ir~ oFilley~, ~ s&eeo~ ~
~11~s ~ ~en~M eent~ ~9~)'~11ae~ loav~gm bsl~ee due er
)
THIS {~EkIORANDUM AGREEUENT, ~ds this 10:h 4ay of ~h, 1919
by and bezween ~ristlun Gaulocher of t{~ first p=rt and The
City of Iowa City~ Io.a, of %he second i.art, ~THESS~H:
~REA8 the party of the firs% l,~r~ h~s sold ~nd oonveyed
unto the p~r2y of the second ;,~rt a certain tr:~ot of land co~
ta~nf~ about 45 sores ioc~ted in E~st Lucas To~sh~p, Johnson
Cu~ty, Iowa. for the e~ of T,elv~ Thousand ~e Hundred a~ '
Fo~y-five (~12,145.~) Dollars, in ac_crd:~nce with ~he %e~s of
............ ~.~v~e entered into between the
,attics h~reto, ~1~' of ~hfch purc)~aee ;..rice h~e been ~id with
[he exceptio~ of T~ Hundred Dollars;
Nee therefore It is agreed %hst said s~ of Two ~undred
Dollars shall be retained by said city until the ~bs2ract of
title to said premises is aooepted, when said ~ s~11 be
paid to the said ~rty of the first pa~t;.
Party of the first part.
Party of the seeend part.
(3 pages)
K,ow All Men by Tlse.~e Presents:
~nd ~!f~ .......................
,,/ .... ~.9.~9~ ......... ~,~,t~. 8rate of ....... ~.9~ .......
co,,ztderattoa of tt sam of.~$l.v~ ..T.h.o~5~D.~..:~R~.. ~r. Sr.O.O...~5~..~9A%.Zr.f~..r.
,~ riorid ~aid b.~ ................~h~..g.t%~'...%~.3. Q~$.. q~.~Y~ . ~.~.~ .............................
~[ ............ ~.~.b.B.~O.B ............ L'ott~ty. ~'lalt O/ ...... ~. ........... do ri~rebg sell a,td I't,ll-
~n~e Six (S) ,,es% o, ~ne 5~h P. ~ runnln~ %h-nc~ Sou%h 1308 5
?... ~ 9. ~...P ~ ~ ~...9.~.. ~R g! ~5$ ~ g~ .. 9.9 ~.~.~. 9.~..~... ~.9...~ ~ .~ ~.~ s ...........................
Tos~nahl~ Seventy-nine (79) :or%h~ R~nge Six (6) %;es% of ,.he 5~h
r~9~i.O.g..~b.~o$.~...~9.~k..gfiQ~...~.~.g.;.. ~b.~n~.~ .5~.~...~.~B .f~.~.~.;.. ~ - ~.ior[h..
the ~laae of beginni~, and con%elr, in~ 8.?5 a~rae.
....................................... thai .................~$...~K~ ...................... latefully seized of saM
trial Iritg are free from encumbtaacr.' titat ............ 2~ ................ bavt ~o~ ~$ht and lawful a~tboritp to
sell and convt; the same: and....~$. ..... do htrebg coctna,t to tearraM and de/tad I~e said ~rem~
the lawlul claims of all persons wfio,nsoeeer .............. : .......................................................................
.......... . .................... .....................
.'3 I'A l'l:: 01" ..........~ .o.~!~. ..............t s.
............ ~9..h..n..~.O..tt ..........Coun~x ) '
On tti~ ........O. Ll~hJ;~ .......dall of_ ...............
~n and lor ~aid 6,ountl~.~rsonal#/ catne....~.13. F. La a!:~.:3....q:a...~?..9.c.:h~ :
.... .h. ~.~.tLa..~,l..a. n ~k. ~.1. f.e. .......................
I~ me personalIll kno~on to ~¢ lie idtM&'al
6'ranlor~.....a~d o¢kaou~lcdIed lie e~eeulion o/the same to be....~..h.~ ~..7 ..... ~olttatargl acl amt deed
WIT~¥E$8 m~ haud...~..~.¢ ,1o ,a r x ~. ~ ~?.1. ...... the elate la~l ,th,n't trrttten.
............... .......
....... dg.'-.~,3?XL.-..~"4.0.,-.1.;..., ..q...xn.4...;.~ ."
P/oro~ l~n. via oft.rat ~ei b~¢k o,f Of rio 8t~cet. tho'Cl~ At
Oont~en: - .
~ ' h eu~l: ~ repor: of the n~bor O~ lii
Arol ................. 163
These have boon &one over as carefull7 ae pooaiblo and'a~o I belike
~oop~:ful ly ~ittod,
Upon ~tion pasae~ the repor: waa ~o~ere~ ~ck to :he 9i:y ~lineer ~o~ i"
~ur ther ~voa t i~K~lon,
~lt7 ~inoore office ~ae or!.red cartlffto~ by tho City Clnrk
uo~gtZ~ltor a~lne~ t~e preFertF ~erel~ doerrind to' be ocli.areal
ora~nnzy T~Oe. .
~ay. ~3:1. {o, repair~l cf wa~er awe, ice by K~z on Out lot4 Io~ -.:~
l- Iron union
~:[r.? ~r? Oaul~h~r a t~ 8~ of ~60,45 a ~11 ~nt of
{~ nl n~g ~d ~ondodj tilt' lie :elolution am roll'bg'adop~ed~
~T~hy a~ Close .:.
Pae~ t~Tt~.daz of ~arch,1919 .....
Upon =o:tcn Faea~, the-folloe!n~ bills on.:~e'~artous f~ds be aliawed
8mwmr ~nd 183.83
ganttsty Olact, y-~. 1 1!e.68
Cozgt~ry ~nt Z2.3~
ATTACHMENT F (1 page)
:
!-
125
BE !T BESOL~E.D BY TH~ ¢!TY COUNC!L OF THE CITYOF IOYA CITY,
th.: :hi contract nf Claude ~9ode and ~%bel Conklin Woods for nut-
wide off tY.e we~t 81de nf tke Nt $~ $w~ leadln~ from Conkiln ],ann
dencrlbed above fnr rye sum of {1~.000.00. limned on l~half of
by its ~ayor anl CI~y Clerk ~s of :he Ynfl d~y of October, 19~0,
In'roduced by Frank Fryauf, Jr. C. F. Kithell
Passo,~thia~y 9f Octo~r, 1950.
~SOL%.TION DEC~KIN~ !W~ENT OF Tk~ CITY ~UNCIL IN ON Th~ .~55ER ~A~INO L~
~ha City Council, prepare plane, 8peolfl~tlons and ~nnt~c~lons ~o
the demolt~lo~ and removal of ~alldtnga on ~he 8ou%h half of ~1ock
~a, Original To~n of Iowa City, ani ;he same were annrnve~ by the City
5ollcltpr;
~D '.~E~AS the Cl:y Clerk dl4 thereafter, a= the direction of
the City Council, a~ver[lao for blds on eali de=olt[lon ~d re.oval
AND ~dE~3 certain bidders sub.tiled signed bide on the
orepared ~y :he City Engineer and delivered sat~ bide ~o the City
Clerk, and said Bide were thereafter ~uly ~ned and Considered
the CIty Council at tie ~ee[lng on the J}th day ~' 5ep=e~r, 19fO.
~D ~E~AS the City Council on the ~e last above ~rlt~en did
Prc~osel 1 -- '~e cement sisters shed localed a~ the s~th-
east corner of the pro~er[y' -- (o ~oe ~nway of Cedar
corner off the property' -- is Joe'Conway of Cedar
Proposal ~ -- 'All sheds and materials ex~pl the ceaen: shed
as snectfted In Dlv. 1 en~ the office ~11dln~ as ~peclfted
Dry. ~.~ -- to ~. ~. Jonson of Coralville;
and whereas a[ tie meeting of October 2, 1~50, [he City Council a~
~r~ved the as~Ig~enl of the ':. N. Jo~na=~ Con~ract t'o Ted Kall of
MID ~F~S thereafter a dispute arose botxeem Joe C~nxay and
buildtrigs alo~ ~he weal line of sald pr~er[y;
M~D ~5 sald dtapu[e ~s continuedand lhrealena ~o d~l~
the removal of sail ~uildlnga ant thus delay the open[~ of a
pal ~rklng lot on the pro,:~-ty and three,erie ~ E~srup[ the p~bllc
A[~ W~ the aatd Conicclots have threa;ened ~o ~rlng sul[
NO~ TEEFCFOP~ ~ IT ~SCL'~D BY TF~ MAYCR ~D CI~ ~;U~:CIL CF !C~A
Prooosel 3 shnu~d lncluSe the remainln~ ~hede or bul!dln~e an~ materials
BE IT FLRI~5 B2SOLVED TE~T a co~y ~f :his re~olutl~n ~ handed
and ~1'~
ATTACHMENT__G._.
ORDINANCE NO. 80-2983
AN ORDINANCE DEDICAIING CERTAIN CITY PROPERTY FOR
PARK PURPOSES.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that
SECTION 1. PURPOSE. The purpose of this ordinance
(s to dedicate certain city property for park
purposes.
SECTION 2. ENACTMENT. The following described
land situation in Johnson County of the State of
Iowa is hereby dedicated for park purposes:
The south one-half of the southeast quarter of
the southwest quarter (S½SE~SW~) and the south
one-half of the southwest quarter of the
southeast quarter {S½SW~SE~} of Section 2,
Township 79, Range 6, West of the 5th P.M.,
containing forty acres more or less.
SECTION 3. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section, provi-
sion or part of the Ord(nance shall be adjudged to
be invalid or unconstitutional, such ajudication
shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 22rid day o£ January,
1980.
CITY CLERK
ATTACHMENT H
(2 pages)
It was moved by Neuhauser , and seconded by Pertee
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSEhT:
x BALMER
x ERDAHL
x LYNCH
x NEUHAUSER
x P£RRET
x ROBERTS
x VEVERA
First consideration 1/8/80
Vote for passage: Roberts, Vevera, Balmer,
Erdahi, Lynch, Neuhauser, Perret.
Nays: None.
Second consideration 1/15/80
Vote for passage: ?erret, Roberts, Vevera,
Balmer, Erdahl, Lynch, Neuhauser, Nays:
Date of ?ublication 1/30/80
None.
recreation
,artmerit
Neal Berlin
Hickory Hill Park
frozI].: Dennis E. Showalter
This land was purchased with cemetery expansion bonds, and obviously
the original intent was to use it as a cemetery. It is presently
used as a park, and it isn't practical to use it as cemetery in the
future. There is substantial legal precedent to change use designation
of city-owned property; the legal staff does not see any problem with
this change.
The two pieces of Gaulocher property were purchased for cemetery use,
but the source of purchase money isn't identified. The small tract
on the east (8.75 acres) is currently being used as cemetery. The
larger tract {39.83 acres} is currently being used as Hickory Hill
Park. This ordinance doesn't affect those two parcels, which means
that the city could expand the cemetery into a portion of the 39.83
acres at a later date.
I have discussed the land use change on the north 40 acres with Mabel
Woods, and she sees no problem with it being designated as park land.
ATTACHMENT I
page)
]:~;OR,~'AL COu~CIL BISCUSS~On OECE,V~lER 17. lg79
INFGRMAL COU.~CIL 01SCUSS~gN. Oece~er I~. lg;9. 1.10 P.~. in t~e Conference
C0U~CIL~E~B~RS PRESENI: ~al~r, ~oberts, PetreL, 'tavern, Councilmeier-elect
STAFFMEmBERS pRESENl: Berlin, Stolfus, Helling- Others present for certai~
TAPE-RECORDED: Reel ~79-2~, Side 2, 933-End, and ~eel ~79-3l. Srde l, 1-11SO.
AGENDA AHO COUNCIL BUSINESS
1. 8almer questioned intent of memo from Traffic Engr. Brachtel re
street light at(')over/Friendship. City 14gr. Berlin explained the
present policy. There would be the same nur~ber of lights but at
different locations. He agreed that the residents should be
notified, and advised that Xorthside residents had presented a
petition requesting changes in their area at the Revenue Sharing
hearing. A memo regarding this hearing will be received by
Council next week. Lynch asked for a memo from the Police Chief
re lighting or alternatives to solve assault problems. OiscuSslon
~ill be scheduled for an infom~al nearing.
2. item ~15, contract with )~elly Security in the BlOck 84 Parking Ra~p
was questioned. How nany people w111 be hired. hours? Berlin
stated that the staff did not want to advertise hours, and a tratn~
policeman was not necessary. The car is necessary and is the small
vehicle assigned to parking syste~ during the day. ContraCt will
be amended to provide for one guard only. There ~-ere no Council
objections.
3. Regarding metno from Plastleo/Vitosh concerning the hiring of an
Asst. Transit Mgr., Berlin advised that no decision on the rOuteS
was necessary lues. nile, but if there was nO objection, staff
would like to proceed with installing the signs and advertising
the position i~ra~diately.
4. Petrel called attention to memo from ~ose on FYB1 Transit Assistance
I~ose advised that DOT is receiving negative r~.sponses from all
Iowa. and asked that the area legislators get input from Co. nell-
members. This will be added to the agenda for Satu~ay's meeting.
5. Item !16, Ordinance and mere f~ Abewalter rt~garding dlvist~ of
cemetery/park prOperty. The property was ix~rchased wtth cemetery
bonds, only 5 of the 80 acres is suitable for cenetery u~e. If land
is given to the park, it can be gt-~en back for ¢e~tery use if needed.
Legal description of park needs to be resolved for grant
shelter at park. Lynch observed that the ~eed had nOt b~en
for a change from cemetery to park. 0erltn will check to se~ if the
State will accept the present boundaries.
6. City Clerk Stolfus requested addition of ResolutiOn apprOvtm) 5unda.v
Sales Liquor Permit for Yen Chtng, 1515 Nail Drive to the
Calendar.
7. Berlin reported on the problems concerning the cen~tery wall. and
the request from citizens for a sidewalk for safety of school
children. it ~as noted that consultant liDel Willis had studied
the prOblem & reported preYIously.
g93-1823
AI-I'ACHMENT ,) (4 pages)
JORM MICROLAB
OROI ~A~CE ~0.
~ OROINA~CE OEOICATI~IG CERIAIN CITY PROPERTY FOR
PARR PURPOSES.
BE IT E~,ACTEO Ry THE CI~ COUNCIL OF T~E C~ OF
~A C~, ~A that
SECT]ON 1. PUR~SE. The pu~oSe of Lhts ordinance
Js to deaJca~ cer~Jn c~ty property for par~
pu~gses.
SECT~ 2. E~ENT. The follYtrig
land situation ~n 3ohnson County of the State of
~a 1s he~by 4eaJcated for park pu~ses:
8egtnnJng at the Nort~ast corner of the
~or~st ~uarter of Section Eleven (11),
T~shtp Seventy*nJne (79) Horth Range SJx (6)
~esL of the 5th P.M., runntng thence ~uth
1308.S feat, thence ~est 1324 feet to the
l~ne of the ~ort~ast Quarter of the
Quarter of saJ~ sectton, the~e North on said
li~ ~.5 feel to the ~orth line of sa~d
~ctton; thence Eas: ~330 fee: :o the place of
beginning, con~tnJng 39.83 ac~s
The sou:h one-half of t~ southeast quarter of
the so~st quarter (~E~) and the sou~
o~lf of :he sourest quarter of
sout~ast quarter (~S~) of Section
T~sh~p 79, Range 6, ~es: of the 5Lb P.H.
con~Jntng forty acres ~re or less.
SECTION 3. REP~LER. Rll ordinates and parts
o~Jnances ~n conflict with the p~vJsJon of this
ordinance are ~by ~aled.
SE~O~ 4. SEVEraLlY. If any sectten, p~vJ-
s~on or ~rt o? the O~t~nce shall be ad~g~
~ ~n~altd or u~onstJtutJo~l, s~h aJudJcatJon
s~11 ~t affect the valJdtty of ~ O~J~nce as
a ~le or a~ s~tJon, p~vJsJen or part the~of
~t adJ~ Jnval td or unconstt~uttonal.
SECTZON S. EFFeCTiVE DALE. This O~t~e S~11
~ Jn eff~t afar its final passa~, apparel
p~lJcatJon as required by 1~.
Passed an~ approved this
~AYOR
ATTEST:
JORM MICROLAB
It. ~es movld by that, t, he
$1corLdt~
O~tna~ ~e ~d~p~md, and u~n roll call ther~
~ES: ~YS: ~SE~:
E~dahl
'"
F h'st, conalder&t,1 on
Vote fo~' passage:
Second constdera~lon _
Vote for passage:
JORM MICROLAB
22, ~980 7~0 ~.
Resolut..l~n ~o. '78-.230 ,,.d,.ic:~ pz.d-d~£t, ed the
~ ~lutic~ ~ePe~s s~ates vitLch he~ve not.
ATTACHMENT K
(1 page)
C[G~ Wl~ · ~S ~11{!$
RECEivE ..
November18.1996
Linda Newman Wioto
City Attorney
City of iowa City
410 E. Washington Street
iowa City, IA 52240
Dear Ms. Wioto:
This is in response to our wishes for expansion of the Oakland Cemetery
into the Gaulocher tract. As granddaughters of Christian Gaulocher, we
would like the entire forty acres to stay as cemetery land. At the present
time, five or more acres could be used for cemetery expansion. The
remaining acres could still be used for Hickory Hill Park until more acres
from this tract are needed for future cemetery needs.
Sincerely,
Ruth Kelieher
1136 E. Burlington Street
Iowa City, Iowa 52240
Ruby Fleming
1600 Tenth Street
Coralville. Iowa 52241
(Signed by Judy Slezak,
Power of Attorney)
1688 Tenth Street
Coraluille, IR 52241
November 28, 1996
~' : -; ~',CR,NE'r'S OFFICE
Ms. Linda Newman Wigto
City Attorney
City of Iowa City
418 E. Washington Street
Iowa City, Iowa 52248
Dear Ms. Wigto:
This letter is in regard to input from heirs of Christian Gaulocher
concerning the expansion of Oakland Cemetery. I am his great-
granddaughter,
I would like my ancestral wishes to still be recognized, that being,
the forty acres of land in the Gaulocher tract remaining as cemetery
land. I feel that the maximum number of acres needed now for the
expansion should be used. Hickory Hill Park then could use the
remaining land until more acres from this tract are needed for future
cemetery needs.
Christian Gaulocher made this decision concerning the cemetery land
after serulng on the Iowa City City Council, I have enclosed a short
biography of my great-grandfather to let you and the Council know a
little bit about the person whose land we are discussing. This bio
was taken from the Lead!ncl Euents in Johnson_Countu Iowa Hlstoru.
Biographical, Volume II, 1913.
If I can be of further assistance, please feel free to contact me.
Respectfully,
Judy Slezak
Great-granddaughter to
Christian Gaulocher
, ~ L 133
BI0 'JRAPISICA
1904) on the topic of ,-Consumption and Its Danger,"
insisting on the duty of teachers to be equipped with exact
knowledge on this subject and to teach it to their pupils. One
of the most timely papers written by Dr. Valenta was on the
"Garbage System," and he also recommended the establish-
ment of a state bacteriological laboratory. to be controlled by
the state board of health Lu connection with the State Univer-
sity of Iowa, through which any city or town could be exam-
ined without charge. Aiso at the famous Institute iu 1906
he delivered a lecture on rural hygiene and sanitation.
Dr. ¥alenta is a native of Johnson connty, his birth occur-
ring in Big Grove township in 1871. His parents were Wes-
ley and Anna (Kuncl) Valcnta, the latter deceased in 1907.
t~e was a public school student and a graduate of Iowa City
Academy in 1889. He attended the Liberal Arts department
of the State University of Iowa and gradnated from the Med-
ical Department in 1896.
The doctor's first practice was in Solon in 1896, and bis
general practice began in Iowa Ci~ in 1901. ~e held the
position of city health o~cer from 1902 to 1909. In 1902 he
organized the Iowa Health Officers Association and was its
first president. His connection as examining physician relates
to the following societies: Fraternal Bankers Reserve,
Brotherhood of American Yeomen, Homesteaders, Royal
Neighbors, Modern Woodmen of America, Slovanska Lipa,
C. S. P.S. and Catholic Workmen; also to tbe National Union
and Metropolitan Life Insurance companies. The doctor is
a member of St. ~Venceslaus Catholic church and secreta~' of
its board, of trustees. His professional relations are with the
Johnson County Medical Society, Iowa State Medical Society,
and the .kinerican Medical Association. During the year of
1904 he was editor of '-.Midland Municipalities Magazine,"
the official publication of the League of Iowa Municipalities.
CHRISTLk~N G.kULOCI'IER
At twenty-three years o~ age Christian Gaulocher !e~t his
native land. Prussia, and came to New Jersey, 1:. S. A. t~is
birthday was November 20. 1840, and his parents were Simon
ward t,, l,,w,. , !l- . w.,..:. ,..,- ,,nl-.l .ll:~a~,,,I IH ]h'' Ilianil[fir-
pl'escn~ ;; D:-:',,,i :.~' l,ql- --ix '.,.;~:'-. it,. ha~ ~'out[1111k,(] [n the
~aal~ hn-H~ .... . Tl~.- lirln ,.:': 'nr~-t:~u: (];lu[t:t. hpr & .~o11, brick
lnallnl'iDqlll-.-.--. ~L'L ~,,"1: t.11.-;i- -tl'..,.:. l,,wa L'ity. i~ kllt~wll
]'ill' ;lll~] I:,.:1: rIH',.;l~H,.i;' .i,,;;I~-,,L :-,.U]II'.~ ;lilt] tin. star,- or
lowlt. ']'h,. ~,,lni,,.-n,-: !,r,,,h,,-: i~:~- ..11I,.Fl.d inh, ti:P penstrac-
t]el: -i' lll,,-I :," ltl, I,USIIll--- tlt,il-t-- ;tll,l r,-,idont.es 0[ Iowa
RESIDENCE OF CHRISTIAN GA'UL(~CHER
City and into many structure, throughout the county and
state· Gaul,,ch,,r I)ri,qz pnte:'.~ in!,, the pavement, and via-
ducts and sowers of Iowa City. ('britt]an Gaolocher has liter.
ally covered hi~ cotnmunity with ~;,. evidence.-. of his baud]-
craft.
In the year 1'-7:; our -ui,ir,-t w;;. married to Miss Tere-a
Drews. a resident cq' .h,im-on ,-,un;v hu! .q native of Germany.
She came to Atuer~ca u'};i: [i~.:' parrni- in ]?t;I;. and settled m
Iowa City. whet,. -h,. ::a~ '.ix',,! e~.:r tin,-:. }let' father was
a tailor hv t:-a,1-. a:.l,] !:,- .-il:-rp.,] o!: 1,i; has]hess in Iowa C. ity
i
until his d.
at Iowa
seven of w
died whet:
WOl~aBhoo.
April 6. 1-
Edward.
December
ing son.
with his fa'
a .native o:
is 'now
ing daugh'
ing witIt 5,
and tintIt.
Sir.
ticket for
positions,
man Aid '
years. T
man Luti~
In trac:
pie of wh.
dustry. I.
career
determini
not only
aeter. a
lived. an,
PAl.
of who~:.
few
.-x-e~,11.S al_
BB)GIlAPI-IICAL
,.~,~,mth Both the parents of Teresa Drews are buried
· .~' -~ ~ whom are deac: , ~ . . -
~'~n a baby; Elizabeth, born m 1. u,t, a~a ~=_>o}~.,~
m~ood in March 1897; H~d~, born 5lay 6, 1~7a, dle<~
'.~ ..... . o 6'
~ffi 6, 1893; Harry, born m 18~t, dmd November 1~, 189 ,
~ward, born May 6, 1878, died March 9, 1879; Hattin. born
~ .... her 14 1879 died January 19, 1894; Carl, the only liv-
elY. . . . -,'. ~ .....-~'~ ,qS~ associated ~n business
:~;, ~g son, corn m iowa u l~v on,,, ..... · ....
. ~.:~ ~thhis father, married February 6, 1907, to Miss Rosa Ebert,
a native of Iowa City, has one daughter, Mary Gretchen.
is now councilman fro~the third ward. Clara, the on!y liv-
in~ daughter, now Mrs. C. I. Potter, she and her husband liv-
~g with 3ir. and Mrs. Gaulocher, have twin daughters, Ruha
and Ruth, born September 15. 19i0.
Mr. O~uloeher was deeted councilman on the democratic
ticket for two terns from the third ward, and has held other
positions of trust in local affairs. He is a member of the Ger-
maa .Aid Society, of which he was treasurer for a good nmuy
years. The family are members and attendants o~ the Ger-
man Lutheran church.
In tracing the life story of Mr. Gaulocher we find an exam-
pie of &hat may be accomplished by integrity of purpose.
dustry, tenacity of will. and strict honesty. He began hi>-
career in life ~th only a pair of willing hands and an houest
determination and has steadily progressed nntil he has secur~rI
aot o~v a competency hut aa unblemished name and dint-
atter, ~ heritage of honor, and the fragrance of a life well
lived, and days well spent.
STEPIlEX BRADLEY
:Stephen Bradley was lmrn in Cincinnati. Ohio, December
26, 1850. His parents were Timothy aml Mary Bradley. both
of whom were born in lr,iaml. Mr. Bradley's father ,li,d t~
t'ew years ago at the axre of 84 and his mother ,lied fifteeu
years ago. aged 72.
With his parents he came to Iowa City .hfiy 4. 1856, where
lie lived antil April 1. 1869, when he moved to Ilardin town-
November 25, 1996
3374 Pattie P1.
Pahn Harbor, FL 34685
TO: The Cit)' of Iowa City
Gentlemen:
Front the documents you sent to me, regarding the Christian Gaulocher 39.8 acres of land,
it is obvious that both the City and Christian Gaulocher's intentions were that the land be
used for the expansion of the existing cemetery. Apparently, the City gave to the Park
Board the entir 39.8 acres to be used for a park. We believe the city did not have the legal
right to do this without an agreement and permissiion from the heirs.
We believe that there should have been a limited use provision made to the Park Board,
subject to the need for futuxe Cemetery purposes. It is our belief and wishes that at least
ten acres be designated for future cemetery use, and that ~e Park Board may use the said
ten acres, part or all, until needed by the cemetery, and the balance of the land be
dedicated for park use.
GRETCHEN GAULOCHER LOBDELL
,, ~¥
SUND^¥,DECEMnER15,1996,S~q~o~B
RANDY EVANS, Iowa Em~roa, 515-2~-8065
ROBERT BORSELLINO. M~mo EO~?os, $15.284-8102
take warrang:
~) · The most common reason that peop~ have
been t.med away this year from Ameristar Casino,
State plans to get tough CoundlBluffs, is thallbey had no accoptable
i~enl~a~n. intoxication and being unde~ age ranl~ecl
second and lhird in frequoncy.
Anyone who ap~a,'s to bo age 30 o~ under is asked
facility. O~htofs licenses, passports and military or
mottoted to educate them r~en~ Campmgns are being mount-' s~ ordinance making it illegal for
ed to educate businesses and anyone under 21 to be in a gain- I/urr/~ollx~etumeda~/,l~r~o~
and lyasine~ses about mEnore about liquor and' gambling bling area or W attempt entry. The
liquor and mblir laws. laws. maximum penalties are a S 100 free
The newest Imrget is underage and a SO-day jail sentenc~ A half-
fined about $50,000 by the Iowa pie under 21 who Ixy to purchase
T. .,eere~e~, - Racing and Gaming Commission for alcoholic beverages in the city.
wo~ ~ or ~ you bel~r ~ot -- the minimum gambling a~e -- to that the 1997 Legislature adopt a
~./'m teilii~g you why, tile slip '.m,W gambling areas. specific law making underage gam-
vice,~uadiscomiag to tow~ "It s something we're very vigi- bling a crime. His proposal appar-
From the governor and Legizla- lan, about and very concerned ently is similar W the Council [ :,~; ]
tm~dow~tocity cotmcils, Iowa about, and we constanfiy discuss Bluffsordinance. T ~' 270
mhxlt~ want to lay down the law on this with the operaWrs," said Gene 'q'he penalty on the people that
trudge tobacco use, alcohol con- Meyer, an Iowa Division of CrimE- are in charge of the gambling boat
ma3np~/on/me] gambling. hal Investigation administrator or whatever is significant and it's
' "We intend to have tougher pen- who oversees agents stationed on severe. But I think there should
a.q:iea,'" said Gov. Te~r~ Branstad. gambling boats.
F. egulatior~ are ibeing_..tightened. · Council B]uffs, home to the TEENSPa tw~ wPagela
State to get tough with teens
TEENS
· Cx,'~i~from Po~e IB
also be a penalty on the individuals
trying to gamble illegally," the gov-
ernor said recently.
Jack Ketterer, the Racing and
Gaming Cammisaiah's administra-
tor, said such a law would serve as a
deterrent. "The commission is not
looking to throw kids in jail but to
somehow hold them responsible for
their actions," he said.
Under ~rrent law. no one under
21 is allowed to make a wager at a
licensed gambling fas~lity, but crimi-
nal penalties aren't spelled out. The
casino floor and are~ where tickets
are said are off-limits to minors.
employees to catch young law-
breakers -- how to spot fake ID'S,
for example -- and taking steps to
csutlun teen-agers that underage
"Most of them are turned away.
The problem is that young people
; may not take this seriously. We're
[ not sure the public and the yeuth are
aware it's illegal," said Jane Bell, a
spokeswoman for Ameristar Casino
in Council Bluffs.
Ameristar, one of the riverboat ca-
sinos fined earlier this year, has
launched "Project 21," a training
and educational program. It includes
yo*aths in the area.
"It's ~i~d of to put them on notice
that this is unacceptable. We are
watching," Bell said.
', Vialast Businesses
i According to Ketterer, Iowa's
gambling facilities generally are
"very vigilant about it, but some-
times people get through." He said
Prairie Meadows has done a good job
of ~mplymg wRh the law.
New efforts are being mounted in
the state to keep alcohol and tobacco
out of the hands of minors, but the
challenge is even greater.
It is illegal in Iowa for minors to
use, possess or buy tobacco prod-
ucts. But compliance checks by the
state health department show that
it's easy to get cigarettes anyway.
A survey conducted last year
showed, that 16- and 17-year-olds
were successful nearly three-fourths
of the time whon they triad to buy
tobacco products. Girls had an even
better battling average; they were
successful 86 percent of the time.
"If you talk to a youth who has
tried to purchase cigarettes, he'll tell
you that it's a piece of cake," said
A.J. Wineski, tobacco control ccordi-
nstor for the Iowa Department of
Public tteaith.
The Legislature is again expected
to debate measures that would
strengthen anti-smoking laws. The
health department is proposing leg-
islation that would allow cities and
counties to adopt tougher ordinances
aimed at curtailing minors' access to
tobacco products. Local govern-
ments also could raise money for en-
forcing tobacco laws for minors by
increasing retail cigarette permit
~
Strengthen Laws
Eric Woolson, a spokesman for
Branstad, said the governor sup-
ports repeal of the state law that
preempts local governments from
passing smoking ordinances for
Smte's proposals
Here are some proposals to
combat teen-age "vice" in
Iowa:
· Set specific criminal pen-
alties for underage gambling.
· Allow local governments
to adopt tougher ordinances
against minors' use of tobacco.
· Increase fines for people
age 18 to 20 who violate alco-
hol po~ion laws.
· Make it a misdemeanor
for people under age 21 to at-
tempt to buy alcoholic bever-
ages.
minors that are tougher than state
restrictions.
A push also is under way to
strengthen laws on underage drink-
ing, tighten enforcement and edu-
cate people about the law.
The number of state administra-
tive hearings on rules infractions by
businesses for alcoholic beverage
sales to minors has nearly doubled
since last year-- from 105to 185.
"We're getting tough on sales to
minors. We don't have any slaps on
hands on that any more," said Jack
Nystrom, administrator of the lawn
Alcoholic Beverages Division.
"A lot of violations occur bemuse
of a lack of knowledge. People just
don't know," Nystrom said. "Our
goal is to enforce the law and keep
people out of trouble."
The state agency is about to
launch a statewide campaign using
videos and other materials to edu-
cate bar owners, their employees
and others about the intricacies of
the state's liquor laws. The emph~_
is on compliance and enforcementr
Topics include liquor sales to mino~
or intoxicated patrons, and gan~
bling.
The statewide education effort,
costing about $100,000 in ~
money, is to be launched early nox~
year. One video is being preduc~ f .or
businesses licensed to seU aloohoUc
beverages; another will be viewed by
law officers.
The Legislature in recent years
has adopted tougher drunken-
driving laws. Minors who drive after
drinking even a little risk losLug their
licenses for 30 days or more unde' a
zero-tolerance alcohol standard ap-
proved last year. But the governor
and some lawmakers are expected to
pres~ for other laws aimed at curb-
lag underage dnnlcin&
According to Woolson, the 8ove~
nor wants to incre,~e the penalty for'
18-. 19- and 20-year-olds who vtol~e
alcohol posse~ion laws. The curt~t
fine for first-time offenders is ~
$15. He aiso wants to make attempt.
ing to buy alcoholic beverages a ~
demeanor offense.
Lawmakers will have to
through all the proposals, said ~
Speaker Ran Carbert. But he and ~
er legislative leaders are leer7 of re-
opening the gambling debate
cause it would be difficult to
the debate to a particular ~ ~e~, ..
as underage gambling.
"From the history of time,
have been trying to get around t~..'
age limit, sheairing into bgm, ~,
ing into casinos, sneaking ciga-.
re. ties," said Corbett, R-C~edar Rap-
ids. "That's a problem that
going to go away."
IOWA
LEAGUE
_of CITIES
December 12, 1996
The Honorable Naomi Novick
Mayor
410 E. Washington Street
Iowa City, IA 52240-1826
Dear Mayor Novick:
Thank you very much for your letter regarding mail-in ballots for local mferenda issues. While the
Iowa League of Cities has already established its legislative objectives for the 1997 session, Lea~e
staff is willing to work with representatives from Iowa City and their legislative delegation to pursue
the legislation you have suggested. If Iowa City is successful in finding a sponsor for the bill, we
would be very glad to assist in working it through the committee process and providing other support
as our resources allow.
If you have any questions please feel free to call me at (515) 244-7282.
Sincerely,
Dean D. Schade
Director of Governmental Affairs
DDS :gb
cc: Steve Ark(ns, City Manager
1808
Jhomas G B,ede,~eg
317 SIXTH AVENUE o SUII[ 14OO o DES MOINES, IOWA 50309-4122 o (515) 244-7282 o FAX (515) 244.0240
City of Iowa City
MEMORANDUM
DATE:
Dece,'nber 17, 1996
TO:
FROM:
Mayor and City Council
Marian K. Karr, City Clerk
RE:
Meeting Schedule for January, February, and March
As a result of last night's work session discussion, please make the following additions to your
calendars.
Monday, January 6 - Budget - 7:00 p.m.
Monday, January 13 - Work Session - 7:00 p.m.
Tuesday, January 14 - Formal - 7:00 p.m.
Tuesday, January 21 - Budget - 4:00 to 6:00 p.m.
Monday, January 27 - Work Session - 7:00 p.m.
Tuesday, January 28 - Formal - 7:00 p.m.
Saturday, Februa,~, I - Exec. Session/litigation - 2:00 to 5:00 p.m
Monday, February 3 - Budget - 7:00 p.m.
Wednesday, February 5*- Local Option Sales Tax - 4:00 to 5:30 p.m.
Monday, February 10'* - Work Session - 7:00 p.m.
Tuesday, February 11 - Formal - 7:00 p.m.
Monday, February 24 - Work Session - 7:00 p.m.
Tuesday, February 25 - Formal - 7:00 p.m.
Monday, March 10 - Work Session - 7:00 p.m.
Tuesday, March 11 - Formal-7:00 p.m.
Tuesday, March 18 - Student Senate - 7:00 p.m.
Monday, March 24+ - Work Session - 7:00 p.m.
Tuesday, March 25 - Formal - 7:00 p.m.
* Meeting tentatively set for Room A of the Public Library
** Meeting may start earlier if budget discussion not completed
+ University Spring Break begins March 22
Finally, a friendly reminder for those of you with travel plans. Please let me know when you will
be out of town even if it would not affect a Council meeting. This will aid staff in scheduling
special meetings and when necessary for preparing agenda/packets ahead of time for early
pick-up. Thanks for your cooperation.
cc: City Manager
City Attorney
Department Directors
Prepared by: Naomi Novick. Mayor. 410 E. Washington St., Iowa City, [A 52240 (319) 356-5010
RESOLUTION NO.
RESOLUTION SUPPORTING THE REVERSAL OF STATE PREEMPTION
OF LOCAL TOBACCO-RELATED ORDINANCES,
WHEREAS, tobacco-related diseases are the number one preventable cause of death in this
country, killing over 4,800 Iowans every year -- more than AIDS, accidents, pneumonia,
suicide, and diabetes combined; and
WHEREAS, the economic cost of tobacco-related death and disease in Iowa due to health care
expenses, lost income and lost productivity is over $300 million per year; and
WHEREAS, nonsmokers exposed to cigarette smoke in the workplace are 34% more likely to
develop lung cancer and 30% more likely to develop heart disease; and
WHEREAS, secondhand smoke increases the number and severity of asthma attacks and
lower respiratory tract infections in children, resulting in 1 5,000 hospitalizations of children
nationwide each year; and
WHEREAS, at least 70% of nicotine addictions begin in childhood or adolescence and that
nationwide, over 3,000 children begin smoking every day; and
WHEREAS, over one billion packs of cigarettes, as well as other tobacco products, are illegally
sold to children in this country every year; and
WHEREAS, a recent health foundation poll indicates that most Americans of both major
political parties want more, not less government action when it comes to protecting children
from tobacco; and
WHEREAS, many cities and towns nationwide have greatly reduced the incidence of nicotine
addiction among the young people in their communities by enacting and enforcing local
ordinances and that local action often results in heightened public awareness and commit-
ment; and
WHEREAS, a report released in December 1994 by a national working group of 25 state
attorneys general stated that it is imperative that state laws not preempt local ordinances but
rather set a "floor" of minimum requirements, while allowing for local ordinances that create
a higher level of protection; and
WHEREAS, the American Public Health Association, The American Medical Association, the
American Cancer Society, the American Heart Association, the American Lung Association,
the Institute of Medicine and many other organizations dedicated to public health have
declared that it is absolutely critical that cities and towns have the power to enact and
enforce local tobacco-related ordinances as they believe necessary.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Iowa Legislature should enact legislation to reverse the preemption language in the Iowa
Code, thereby returning the rights to communities to enact and enforce tobacco-related
ordinances if they choose to do so under Home Rule.
Passed and approved this
day of ,1996.
ATTEST:
CITY CLERK
MAYOR
Approved by
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
C~T IZE NS' A~DE/OMBUDSMAN
CAP~¥OL COMPLEX
215 EAST 7THSTREET
OES MOINES. IOWA 50319.0231
(5151 281-3592
TOLL ~:REE 1-800-358-5510
STATE OF IOWA
960004737 r'r' -
WILLIAM P ANGRICK II
December 13, 1996
Ms. Naomi Novick, Mayor
Iowa City
410 East Washington Street
Iowa City, lowl 5224011826
Dear May~[,~ '.
I enjoyed'our conversatmn the other day about ways of resolving citizens complaints
about their governments. Your interest in starting an ombudsman office is not too
different than that of the Mayor of Portland, Oregon.
Mayor Vera Katz established an executive model ombudsman and is now trying to change
it to a legislative ombudsman. It is my understanding that in Portland the mayor is similar
to a city manager and is responsible for the day-to-day operations of the government.
I hope that you are able to find a copy of the out of print book The Ombudsrnan - How
goodgovernmenls handle citizens'grievances by Sam Zagofia (ISBN #0-932020-59-3).
Ifnot let me know and I will copy some highlights for you. He does a very good job
comparing the strengths and weaknesses of various complaint resolution systems. And
being the retired Washington Post's Ombudsman, Sam has a very comfortable writing
style. The 107 page book is an easy worthwhile read!
I have enclosed several odds and ends for you that should give you a good background on
the ombudsman concept.
Chapter 2C of the Iowa Code. This is the section in the code that enables our office.
We have been given the authority to review complaints about most o£Iowa's' state
and local governments. This would include jurisdiction over Iowa City, the state
universities and colleges as well as the states' executive branch agencies. We do not
have jurisdiction over the courts, legislature, Governor, members of the General
Assembly or of course private individuals. The code specifically prohibits our review
of matters that are employee/employer matters.
2. Iowa Administrative Code Section 141. These are the Administrative rules that guide
our implementation of the Iowa Code.
3. I have included several reports and brochures that describe the work of our office. Let
me know if you want additional copies or pesters for constituents.
FAX (515) 242-6007
VOICF_./q'DD (515) 242-5065
Ema~l--Ombd@Leg~s state.~a us
Mayor Naomi Novick
2
December 13, 1996
A copy of the draft Portland, Oregon Ordinance. Mike Mills is the current
ombudsman. He is working with Mayor Katz to get this ordinance adopted changing
the o~ce from being an executive ombudsman to being a classical or legislative
ombudsman. Mike is the past municipal ombudsman for Anchorage, Alaska.
A copy of the Anchorage municipality law and regulations implementing the
ombudsman office.
A model ombudsman ordinance drafted in 1981 and the attached memoranda.
A model state ombudsman law that was created by members of the United States
Ombudsman Association, the professional organization for governmental ombudsmen.
This version is the last draft. I expect few changes to it in the final version. This is an
annotated version of the model law so you can see the reasons for the various
provisions.
8. I have also included copies of the ABA. mo.del ombudsman act as well as one that was
drafted for the Harvard Journal on Legislation. These are also annotated acta.
As I noted in our phone call we do have the authority to receive and investigate
complaints about the Iowa City government. I would be happy to talk with you or others
ln Iowa City abo~ut th,at. ,Many local gove.m, ment officials, including police departments,
o use us as a re~erra~ when mey are not ame to satisfy a complainant or believe an
independent review would help straighten out a disagreement. We are clearly independent
from your City government and as such would not be perceived as having a bias on Iowa
_?y governmental matters.
We do see ourselves as advocates for better government. We do not see ourselves as
advocates for complainants or any particular agency or department. We frequently act as
"communicators" who can help clear up mis-eommunications on issues that can happen
between a government and their residents.
Let me know if you have any questions regarding any of this information or our office.
You can contact me with our new toll free line 1-888-1A-OMBUD, by mail or Eraall. My
Email address is: Dfowler~Stat~Legis. State. IA.US.
Sincerely,
Deputy Citizens' Aide/Ombudsman
DCF:ml
Attachments
Mayor's Statement
December 17, 1996
A few months ago, the City Council decided to establish a Citizen Review Board to receive and
investigate complaints about the City's Police Department. We also decided at that time that
the Council would not undertake a review and evaluation of our current pt)lice procedures,
policies, and training. We planned to give that review to this new Board. At the same time,
we also asked the staff to begin the accreditation process for our Police Department. This
formal process will include a thorough review of police procedures, policies, and training in
comparison to national standards·
Because we are a detail-oriented City Council, we have taken quite a while to design our
Citizen Review Board. We have just reached the point where we are ready to have the
City Attorney's Office put the design into ordinance format. When the ordinance is written, we
will hold a public hearing and no doubt make some revisions. Then the ordinance will have
three readings, and we will ask for applicants. If all goes according to plan, we will be able to
get this ordinance in January and hold a public hearing on February 11. Since we must hold
a public hearing on the budget on February 25, we scheduled some extra work sessions for
January and February. We may add the Citizen Review Board to one of those meetings if
necessary to move it along.
Last night we also decided that the City Attorney and the City Council should review our current
police procedures, policies, and training· We decided not to wait for the Citizen Review Board.
Working in conjunction with the City Manager and the Police Chief, Linda Woito will review our
policies and procedures in general and in relation to the Shaw case. The combined staff report
will compare our department to the Law Enforcement Academy training and to other police
departments. It will be given to the Council as a confidential memo, and we will meet in
executive session to discuss these issues on February 1. Policy and/or procedural changes
may be discussed and recommended. However, we will not be discussing personnel
evaluations or personnel changes at that time.
bC2-2NN