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HomeMy WebLinkAbout1995-10-24 Info PacketCity of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 13, 1995 City Council City Manager Material Sent to Council Only Notes from Council Member Novick regarding a housing program of the City of Ames. Memorandum from the City Manager regarding a letter from Irene Murphy (attached) plus a letter from the City Attorney to Ms. Murphy regarding polybutylene plumbing. Memorandum from the Director of Planning and Community Development regarding an update on the Neuzil tract. Memorandum from the Assistant City Engineer regarding the Melrose Avenue Bridge with a ~opy of the inspection report from NNW, Inc. Memoranda from the City Attorney: a. Status on Water Impact/Connection Fees b. Preliminary research on banning of "toy vehicles" Memorandum from the Community Development Coordinator regarding number of low-income Iowa City households. Memorandum from the City clerk regarding absence from office. Building permit information for the month of September 1995. Copy of letter from the Walden Court Owners' Association expressing. appreciation to the engineering staff about the Rohret Road project. Agenda for the October 12, 1995, meeting of the Johnson County Board of Supervisors. Draft letter to FAA regarding letter of intent to cooperate by endorsing a concept plan for redevelopment of City and County lands surrounding the Airport. Information regarding Air/Commercial/Industrial Park Development Concept 1995 - 2015. 3~ /L Jg The Houses That Ames Built Iowa League of Cities Workshop & Tour - October 5, 1995 Vanessa Baker-Latimer, Ames Planning Department Price of Average House. 989,800 9103,684 9107,119 $114,000 Year: 1992 1993 1994 1995 First Project: City committed 9100,000 from sales tax for houses. Private developer built houses for 980,000. Purchaser had 100% or less of median income and 9600 downpayment. City and IFA helped with downpayment and closing costs. Local banks hold mortgages for seven years. Second Project: City helped to buy existing homes and rehab them. Houses cost 960,000 ±. Purchaser had 80% of median income, 9600 downpayment. Third Project: Congressional grant for infrastructure for homes, 9950,000. Developer will build 960,000 homes and will be able to build some at market rate also. 47 houses in total. All homes had basements with egress windows. None had garage or central air conditioning. 1,200 sq. ft.; 965,000. Purchaser had 91,200 downpayment. Brentwood (or Bentwood) Subdivision: City purchased land with infrastructure in outlying area. Put out for bids from developers. 9300,000 from developer for infrastructure and City spent 9850,000. 95 lots in subdivision. The twenty-four homes for 960,000 or less were manufactured homes with just one floor plan, some exterior differences, and basements. Builder made no profit on these homes. Twenty-four homes at 970,000 to 990,000 had some profit, but were more difficult to sell. Fewer eligible buyers. The rest of the lots will have market rate houses up to 9135,000 with a profit for the builder. Costs were decreased by using 27' streets instead of 31' streets and by using rollover curbs on cul-de-sacs. rng~emeshome.m3 Notes from Naomi Novick City of Iowa City MEMORANDUM DATE: TO: FROM: RE: October 13, 1995 City C0unctl City Manager Letter from Irene Murphy The attached letter from Irene Murphy, who lives in a mobile home, expresses concern about polybutylene plumbing which apparently has been used in many mobile homes. The legal form to which she refers is a form from the manufacturer of polybutylene which lists, among other information, a deadline for filing claims by owners of homes which have this type of plumbing. Ms. Murphy wants the Council to be aware that there may be problems with manufactured homes. Our housing inspectors are not allowed to inspect mobile homes as they are "approved packages" by H.U.D. Also attached is a letter from the City Attorney to Irene Murphy regarding this matter. October 13, 1995 CITY OF I0 WA CITY Irene Murphy Lot 123 Forest View Trailer Court 1205 Laura-Drive Iowa City, IA 52245 Re: Polybutylene Litigation; "Opt Out" Request Dear Ms. Murphy: Enclosed please find a letter from an attorney who represents a group who want to "opt out" of the settlement provisions for the polybutylene litigation. Since the City of Iowa City prohibits use of polybutylene materials for drinking water in Iowa City, the City has no need for these documents. However, since you may be interested in the litigation settlement because of possible use in your mobile home, I am forwarding these documents to you, as appropriate. Cordially yours, City Attorney cc: City Council City Manager City Clerk Assistant City Manager Ron Boose, HIS Enclosure 410 EAST WASRINGTON STREET · IOWA CITY, IOWA ~2240-]$26 · (319) 356-$000 · FAX (319) 356-$009 GEORGE M. FLEMinG MAP.~ A. ItOV~p JOH~ L. GRAY,~)Inl gTUART I. STARRY DEBRA BREWER HAYF~ FLEMING, HOVENKAMP & GRAYSON A PROFgt~IONAL CORPORATION 1~30 po~rr OAK BOULSVARD $U1T~ 3O3O HOUSTON, I'EXAS T70~6-3019 September 27, 1995 RECEIVED CiTY ^;"7 ~ -..'~c, '$ OFFICl! TEL. O't3) 621-7944 1-800.654.7139 FAX ["/13) 621-9638 Ms. Linda N. Woito City Attorney 410 E. Washington St. Iowa City, IA 52240-1826 Re: The Polybutylene Litigation Dear Ms. Woito: This office represents over 50,000 individuals who own over 100,000 housing units that have the defective polybutylene plumbing system· Some of the individuals that we represent are residents of Iowa City. Addition.ally, the City of Iowa City probably owns a number of housing projects that contain the defective polybutylene plumbing system. R~e?nfiy, a national settlement class which may include housing units owned by the City of Iowa C~ty and will include individual homeowners from Iowa City, was certified in Civil Action No. 18844, Tins Cox, et al. v. Shell Oil Co., et al.; In the Chancery Court for Obion County, Tennessee, in Union City, Tennessee. You may have seen the notices regarding this settlement on television o~' in the newspapers. Our clients are opposing the te.m? of the settlement as totally inadequate. We ask you, on behalf o.f the City of Iowa City, to intervene in the Cox case and oppose this inadequate settlement m order to (1) protect the rtts of homeowners in Iowa Ci ; and 2 rotect our · . . ty ()p y sty government which probably owns housing units that have this defective system in thon~ The major terms of the Cox settlement that make it unacceptable are as follows: (1) Shell has stated in court papers that it will cost $7.1 billion to replumb the app.roximately 6 million housing units affect.ed. Th.e Cox settlement will provide-only $850 milhon, or $142 per housing unit, for replumbmg; yetlury verdicts in several cases have ranged from $10,000-$40,000 per housing unit. No wonder the responsible Defendants want this settlement! (2) Cox partialpants will be entitled to a replumb only if the home has had two "qualifying" leaks. Le.ak~,. within six feet of the hot water heater (where most leaks occur) or leak~ in stops or supply lines are not considered q~mli6/ing leaks, despite the fact that much damage occurs from these types of leaks in the system. (3) Only $?$ .z~.illtort has been .set aside to pay Cox partialpants' past and existing damages. There are 6 rodlion homes. This would amount to $12.50 per home to comp~msate the homeowner and return the home to a "habitable state. Cox provides that all claims will be s.ha.r. ed on a pro-~ta basis. That means that 6 mffiion homeowners could go forward with tlmir clam~ and the $T5 million will be divided among them. This would result in you receiving Ms. Linda N. Woito September 27, 1995 Page 2 fractions of pennies to fix the holes in floors, raplace carpets, etc. If you decided you did not want the pro?ata pittance, you .could .opt out of this portion of the ~ettlement at ~hat time (a year or more from now) a~.d .begin the proces~ all over again by suing the Defendants to receive money to repafr your e.xastintg damages and compensate you for yo.ur. past out-of-pocket expenses. Obviously, this settlement does not advance the ball, and it is lust one more delay taciic by the Defendants. ' (4) Many housing units, subject to certain narrow excepttom, are excluded. from recovery: homes with zero ~eaks, mobile homes over 10 years old, and single family residences over 13 years old. (5) Many people have allowed the Defendants' settlement group, the "PCG" or "Crawford and Co.," to replumb. their homes. They have shared with us the nightmare many of th?,,m, suffered at the hands of this orga~t:,-~tion. This organization, or one structured just like it, .win oe_ responsible for replu~..bing all 6 mi!l~on homes. Their efficiency is documanted by ~ fact: In a certain PB case w~th 1500 units which was settled in September of 1994, only 750 units, to date, have been replumbed to the client's satisfaction. There are no provisi?? in the .Cox.se~,le ,man.t as to ,,..3~. the replumbs must be completed. There ie absolutely NO incentive rot me ~ae~en .a..a~... ts to."timely" complete the replumbing process, ~ it just means spending more money, and w~th no time deadlines ordered by the Court, why get m a rush!![! (6) A similar cla~ settlement that was also promoted by the Defendants has already been rejected by a Texas court. There are many other tnsufficiendes in the Cox settlement. This letter sets out only the .most glaring irtadequacies. If you would like additional information concerning the defider~_ es m the Cox settlement, please call this office and ask for Debra Hayes, Mike Tisman, or Shannon Foilis. They will be happy to discuss this matter with you. To protect the rights of homeowners in your city an.d to protect the ci~y's property damage claim, you need to act now. The opt out deadline ~s now set for October 20, 1995. Please intervene in the Cox case and help your citi~n~ and your state by opposing the grossly iredequate settlemant the Defendants are proposing. GMF:dkw P$1~90027 grot 9.25..5 Yours very truly, In re Cox v. Shell I am a member of the Class I am the sole owner or past owner of, or am authorized to act ,ehalfofanyco-ownersof. buddmg(s)ormobilehomc(s)quahfyingmeinlhcClass lelect pl-oul of (be excluded from'~ the Class. in accordance with the provisions of the official ice of Class Action and Proposed Settlement. The address and type (i e.. mobile home. apartmere. townhouse, site-built home. etc,) of i~ building or mobvie home qualifying me for membership in the Settlement Class are: per~' Address _. I Street 4ddress (';r). State ZIP Co-Owners: ..... Type: _ .. ,perry Address: 2 Street Address City State ZIP Co-Owners: Type note properties enclose addtttonal $heets and ;~'ts ~r~ ;n an ernvlopr and mail 7t to the address on the back of thts card I choose not to receive any money or other benefits from this case and will not be bound ~ny judgment m it. I understand that this card must be postmarked on or before October 1995 to be considered a valid request for exclusion, tr SIgnature Required Here Date Telephone [ believe I am entitled to submit a claim in the above setttement. Please claim form. I own __ properties with polybutylene plumbing as described in the official Notice of Class Action and Proposed Settlement. . There has been at least one leak in the polybutylene plumbing at of these properties. Certification: Under Lhe penalties of perjury, I certi~ that the infonnatio~.l '.~,¥e ' provided above is true and complete· . - Signature ; Pleq. veprint name' ', Area Code Telephone Number Street .~lddre.~ ';; ..... :' ,. r. -.' .; '. ~ , . ~s~ Tins VORM TO APPLY ~O~ S~n ~.natnnr ssn~n'rs. ~r~m ts nov AN ~XC~S~.O.~ ~.q..t~sr. City of iowa City MEMORANDUM Date: October g, 1995 To: From: City Council Karin Franklin, Director, Planning & Community Development Re: Neuzil Tract- Update Attached is a letter from Don Swanson, Mayor of University Heights, indicating his city's willingness to undertake a joint appraisal with Iowa City to determine the value of the Neuzil tract. At the Council's direction, prior to acquiring an appraisal~l have contacted the attorney for the Neuzil family, William Meatdon, to inquire of whether the Neuzil family is interested in the sale of their property. An appraiser has been contacted and will complete an appraisal within approximately two weeks after I give him notification to proceed. I spoke with Mr. Meardon on October 7. He indicated members of the Neuzil family have been out of town and he would continue to attempt to get an answer to your question. Since there are a number of members of the family who have an interest in this property, I anticipate that an answer to your question of their willingness to sell may take some time. I would suggest that if we do not have an answer by the first of December and you are still interested in evaluating the feasibility of acquiring this property, we notify the appraiser to proceed at that time. If we have not heard from Mr. Meardon or the Neuzil family by December 1, I will contact the Council for direction regarding this matter then. Attachment bl~neuzil cc: Stephen Atkins Terry Trueblood William Meardon 3ao CITY OF UNIVERSITY HEIGHTS (319) 337-69O0 October 5, 1995 Mayor Susan Horowitz City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Mayor Horowitz: This letter confirms a recent motion of the City Council of University Heights that authorizes the Mayor to proceed with an agreement to undertake a joint appraisal with the Ci~j of Iowa City to evaluate the value of the Neuzil tract. Please feel free to contact me if you have questions about this. Sincerely, Don Swanson Mayor, City of University Heights 138 Koser Avenue Iowa City, IA 52246 City of Iowa City MEMORANDUM Date: October 9, 1995 To: From: Steve Atkins and City Council Denny Gannon, Assistant City Engineer Re: Melrose Avenue Bridge Steve Jacobsen of NNW, Inc. has completed the annual close-up inspection of the Melrose Avenue bridge. The structure continues to deteriorate, especially the deck. Steve has recommended that the existing weight limits posted for the bridge be lowered from approximately 70% to approximately 60% of the State legal load limit. Traffic Engineering will change the existing weight limit signs in the near future. The new weight limits to be posted are 13 tons for the 3-axle straight truck, 22 tons for the standard semi-truck, and 26 tons for the double-bottom semi-truck (piggyback). The 10 mile per hour speed limit for trucks and buses will remain unchanged. Various City vehicles were analyzed relative to their continual use of the bridge. The two (2) axle garbage trucks and fire trucks may continue to use the bridge. The three (3) axle garbage trucks, however, are allowed use of the bridge only when empty to half-full; said trucks carrying loads larger than half-full shall not traverse the bridge. City buses also are restricted as follows: Odon model - 18-ton limit or a limited capacity of 70 out of a possible 80 passengers. Gillig model - 19-ton limit or a limited capacity of 70 out of a possible 80 passengers. Scania model - no restriction or capacity restraint. Attached is a copy of the inspection report for your use. cc: Chuck Schmadeke Rick Fosse Attachment b~ddge.mc INSPECTION OF MELROSE AVENUE BRIDGE over IOWA INTERSTATE RAILROAD September 1995 For THE CITY OF IOWA CITY · .. _,.,~,,.~:'.~,~, · . ~.~ , ~-,/~~~~;e:: ...-.......... ~.. Sub~tted by: ,INC 3~6 East Oollege Street Iowa Cid, Iowa 52240 Phone 319-351-2166 MELROSE AVENUE BRIDGE Table of Contents INTRODUCTION ........................................... 2 BRIDGE CONFIGURATION .................................. Substructure Superstructure Floor System 3 INSPECTION AND EXISTING CONDITION ..................... 5 Substructure Superstructure Floor System Load Rating CONCLUSIONS AND RECOMMENDATION ..................... 8 APPENDIX A ............................................... 9 Structure Inventory and Appraisal Form (SI&A) ~ Metric Posting Sign APPENDIX B ............................................... 12 Deck Concrete Sounding APPENDIX C ............................................... 14 Description of Stringer Bridge APPENDIX D ............................................... 16 Photographs of Bridge COMPUTATIONS Due to the volume, the load rating computations have been supplied to the City Engineer under separate cover. MELROSE AVENUE BRIDGE In~oducfion This report examines the condition of the Melrose Avenue Bridge. This bridge has served the City of Iowa City for 61 years carrying Melrose Avenue over a the Iowa Interstate Railroad. By law, all bridges in the United States, over 20 feet in length, must be inspected every two years. However, some bridges require inspection at more frequent intervals, such as those bridges that are in an advanced state of deterioration or have details that are known to lead to failure of a member. This bridge has a concrete deck in poor condition and stringers with welding details that have been known to cause cracks in steel beams. The bridge is 240 feet long and consists of a concrete deck on five simple stringer spans. Currently, the bridge carries approximately 12,000 vehicles per day. Appendix C contains a description of a stringer bridge for the reader's information. The bridge was designed by the Iowa State Highway Commission in 1934 and the railroad crossed was the Chicago, Rock Island and Pacific. It replaced an 18' wide timber trestle bridge. Very little repair work has been done to the bridge since it was built. There probably was very little deterioration of the bridge for the first half of it's life. It wasn't until the early 60's that heavy use of de-icing salt on roadways began. Since that time there has been a progressive deterioration of the bridge deck due to corrosion and weakening of the concrete. This bridge was likely designed using a graphical process where the forces in the members are scaled off force diagrams for each member. Today's analysis was made using STAAD, a finite element analysis computer program. Included in the analysis are all the city busses and garbage trucks. A complete copy of the detailed calculations have been provided to the City Engineer. 2 BRIDGE CONFIGURATION The bridge is 240 feet long and consists of five simple spans of steel stringers. Span lengths are: 43', 42', 54', 54', 47'. The railroad was built in a cut rather than the road being built up. In fact, the bridge is extra long so that the railroad could have deepened the cut to add a set of track. The bridge has a severe skew of 46.29 degrees. The construction is mainly riveted shop connections with bolted field connections, as was the standard of the time. However, there is some welding on the bridge which, in 1934, was in its infancy. This structure can be divided into three basic components: substructure, superstructure (steel stringers) and deck. SUBSTRUCTURE Plans of the existing bridge show the concrete frame piers and stub abutments to be supported on 20 foot long timber piles. The piles depend on the friction between the pile and surrounding soil for support. The piers are frame type and are structurally non-redundant. ELEVATION OF BRIDGE 1 SUPERSTRUCTLTRE The cross section of the bridge consists of a 30 foot roadway and two 5 foot sidewalks separated from the roadway by a 20 inch high curb. Five steel stringers carry the roadway with the sidewalk cantilevered off the outside stringer. Under the sidewalks are utilities. A telephone duct bank is under the north side and a 6 inch gas main is under the south side. DECK The deck is a 8.5 inch thick reinforced concrete slab. It spans 7'-10" between stringers and is reinforced with #6 bars spaced at 6". The sidewalk slab is 4 inches thick. 5'-,rl I'-~ 30'-0 15'-0 Ex,st S,dewo',k CROSS SECTION OF BRIDGE The bridge currently carries an estimated daily average of 12,000 vehicles per day. The heavy traffic (macks) is relatively light, one percent. However, 80 buses per day cross the bridge. City officials indicate the bus routes using this bridge are some of the heaviest in the city. Over the life of the bridge the number of heavy load cycles is estimated to be in the range of 1.4 million. This is beyond the range of cycles for the appearan~ of serious fatigue. 4 INSPECTION AND EXISTING CONDITION A general overall inspection was made as well as a thorough up-close inspection of all bridge members. Access to the underside parts of the bridge was made using a man lift. This allows the inspector to visually inspect "up- close" the critical parts of the bridge. The concrete deck was sounded using the percussion method in 1986 and 1993. Results of these tests is shown in Appendix B. INSPECTION FINDINGS The overall general inspection indicated most of the bridge components to be classified as SERIOUS CONDITION (3 on a scale of 0 to 9). An updated Structure Inventory and Appraisal form and proposed load posting sign is included in Appendix A. Photos of the bridge and areas of distress are included in Appendix D. SUBSTRUCTURE Elevations of the deck indicates a slight settlement of pier 3. However, this is not detrimental to the bridge due to the flexible nature of the superstructure. There are several spaIls and corroded reinforcing bars (see photos in appendix D). The location of the deterioration is such that it does not affect the integrity of the structure. SUPERSTRUCTURE As mentioned above there are five steel ~tringers carrying the deck. This type of construction is considered to have redundant load paths. That is, should one stringer fail, the entire bridge will not collapse. Generally, in the case of a newer bridge, the deck will carry over a failed stringer without total collapse. In the case of this bridge this assumption is questionable due to the condition of the deck (see discussion below). Several catastrophic bridge failures have been attributed to fatigue. Fatigue is a function of connection detail and load cycles. Welding of steel creates discontinuities in the main material that can cause stress concentrations much higher than the nominal stress in the member. Certain weld details have been found to be worse than others in causing stress concentrations. These details, in the presence of a large number of load cycles, as this bridge has experienced, lead to fatigue cracks. Damage caused by fatigue is cumulative, so each additional load cycle adds to the problem. Of utmost concern to the inspectors is the presence of welding on the tension flange of span 3. Smoke plates have been welded to the bottom flange of all the stringers over the tracks using stitch welding. This type of detail is classified as the worst type when considering fatigue (E' welds). The allowable stress range (that caused by live load) for the stringers is reduced from 29,000 psi to 6,500 psi (22%) by the presence of the welding. No cracks were observed at the time of inspection. However, it is the nature of these cracks to appear suddenly. DECK In the past 25 years, bridge engineers have experienced increasingly extensive damage to concrete bridge decks resulting from the use of de-icing salt~s. The distress first appears on the top surface of the deck since that is the application point of the salt. Over time the salt is carried into the pores of the concrete by water. Many of the reinforcing bars in the top have been exposed and have corroded significantly. Although most have been patched over to provide a better riding surface the corrosion continues. This is evidenced by the rust color bleeding through cracks in the patches. (See photos) The bottom side of the deck is covered with salt leachate, with enough in some areas to form stalactites. This indicates the salt solution has penetrated all the way through the concrete and that the entire slab is probably full of salt residual that remains after the water has evaporated, or there may be salt solution remaining in the pores of the concrete. In any event, the concrete is likely to be full of salt which, in the presence of oxygen, corrodes the reinforcing steel. As a structural material, concrete has great compressire strength but is relatively weak in tension. For this reason, reinforcing steel is provided to resist the tension stresses. The reinforcing steel must be bonded to the concrete, to assure that the concrete and steel work together as a unit. The corrosion of the steel has a three fold effect on the behavior of the structure as a unit. First, the corrosion begins on the surface of the steel and breaks the bond with the surrounding concrete. Second, the effective cross sectional area of the bar is reduced, thus weakening the strength of the unit. Finally, the steel expands as it corrodes and "pops" off the concrete cover. It is obvious to anyone driving or walking across the bridge that the deck is in poor condition. It has been patched many times over the years, and many of the patches are coming out. Several holes over 3 inches deep have exposed the reinforcing steel. The underside of the deck also has a few pop outs from corroded reinforcing steel. The standard method of evaluating reinforced concrete is to percussion sound the surface. Good concrete will give a high pitched ring, whereas unbonded concrete will result in a lower hollow sound. The deck was sounded in May of 1986 and again in April of 1993. The result of both inspections is shown on a plan in Appendix B. In 1986, 43 percent of the deck was unbonded, in 1993 the unbonded concrete has increased to 57 percent. The standard limit used by IDOT for deck repair using a "dense overlay" is 25 percent. Deterioration above that is cause for deck replacement. LOAD RATING In addition to the six IDOT standard trucks, the four City bus types and two garbage trucks have been included in the load rating of the bridge. Computations of the rating of the steel stringers and concrete deck is included under separate cover with a copy provided to the City Engineer. A summary of the maximum loads for each type of vehicle is: IDOT VEHICLES CITY VEHICLES 21 T 19T 8 32 32 ~3 24 Full Capach'y HS20-44 SCANIA ~3T TYPE 3 ORLON 22T 18T 70 of 80 Passengers 19T TYPE 3S2A GILLIG TYPE 3S2B TYPE 3-3 22T 26T 18T 26T GARBAGE #1 TYPE 4 TYPE 3S3 16T 16T GARBAGE~Z Numbers under wheels indicate axle loads (x 1000 lbs). CONCLUSIONS AND RECOMMENDATIONS The overall condition of the bridge is poor and it has been recommended for replacement. The fact that it has qualified for federal funding for replacement several years ago is an indication that it is one of the worst urban bridges in the state. The loads and speed limit were drastically reduced in 1993. This has significantly helped preserve the bridge. The reduced load has kept the stress range below that which is likely to cause cracking of the steel stringers and kept the stress in the concrete deck to an acceptable level. Prior to the speed limits on trucks and busses the bridge took a hard pounding due to the rough deck which was contributing to the break up of the concrete deck. The rate of deterioration seems to have slowed due to these postings The elements and cycles of stress continue to work on this structure to its detriment. The number of heavy load cycles per day is relatively small, however, over the long service life of the bridge the live load cycles add up to a significant number. If the bridge were to be replaced within a year the few additional loading cycles would not be a problem. However, if the bridge is to be in service for several years, a further reduction of the heavy live load is warranted. Since it is not known when the bridge will be replaced, it is recommended that the load limits as shown in Appendix A be implemented as soon as possible. The larger (3 axle) garbage trucks should still not use the bridge when fully loaded. They may use the bridge if empty or half loaded. It may not be practical to remove buses from the bridge. Due to the benefits of the 10 mph speed limit on trucks and busses we recommend it be continued. Fire and emergency vehicles do not use the bridge with enough frequency to be considered for fatigue although they can cause a stress range in excess of the allowable. The deck is continuing to deteriorate. Over half the deck is delaminated with deep holes in the concrete. It would not be surprising to see 3 to 6 square foot holes in the deck in the near future. Patching of holes in a deck this deteriorated is for esthetics and rideability as they do little for structural integrity. In the event of a hole through the deck or to the depth of the lower reinforcing, we recommend a steel plate be installed over it and bolted through the deck. The thickness of the plate will depend on the size of the hole. The City may want to have access to a contractor that can install steel plate quickly. APPENDIX A Structure Inventory and Appraisal From (SI&A) (Beginning this year these forms show metric units) Posting Sign F F036 (Form 8!0016) 8-95 Date Printed. 08/21/95 WOo NOt Chanqe . IDENTIFICATION C0URTY,C,~ JOHNSON COUNTY ID 8 STRUCTURE NO 00~10 0 5 INVENTORY ROUTE 2000 2 STATE 01ST NO 6 6 FEATURES CDOSSEO OVER IAIS RR T tACUITY CARmE0 MELROSE AVE 9 tOCAT,0R MELROSE AVE H FXK~RZ 0.00 98 8ORDER 8RIDGE COOE 000 99 80RDER BRIOGE NO MUNICIPAL IOWA CITY 10WA DEPARTMENT OF TRANSPORTATION ~ // IOWA STRUCTURE INVENTORY AND APPRAISAL SHEET ifSufhcmncy Rating 00;2 Note: SCHED.FOR REPLACMNT INSPECTIONS ,.SREET,DN 0AT oqg , gl FREQUENCY 2~. MO 92 CRitiCAL F~ATURE INSP[CTION g3 ill DATE --a 0 ~ S.ADE O0 ¥. 8. $. STRUCTURE TYPE AND MATERIAL 43 MAIN STDUCTURE TYPE 302 ~6 NO OF ARPB SPARS NEAR O0 FAR O0 AGE AND SERVICE 2T YEAR BUILT )9~ ION YEAR RECORST 42 TYPE OE SERVICE ~2 28 LANES ON ~ UNOER 0 29 EST AVE OAILY TRAEEI£ I~00 a SO YE~N AOT ~9 ~h I09 TRUER AOT O0 ~ (PRIMARY GAtt) ~9 8TPASS. OETUNR LENOT. ~.827 GEOMETRIC DATA 48 LONGEST SPAR 16.5 49 STRUCTURE LENGTH 73.8 50 CURS OR SIDEWALN: at 2.0 LT 2 · 0 51 8R RDWY WIDTH C-£ ~ 1 52 0ECX WlOTN 0-0 13.3 32 APPR R0WV W:OTN ~¥/$HOULCERSF ~ 1 33 DRIOG! ~E0~AN NONE s. s~Ew ~3 35 STRUCTURE FLARE0 NO ,o M.. E,T C,EA, S. LANE 99.99 47 TOTAt HORIE CLEAN RT ~ 1~ tY 53 VERT CLEAR OVER 8R ROW'/ RT ~.~ kT 54 V[RT NNOERCLEAD RT R ~ o 72 55 LAT UN0[R~LEAR RT R ~.~ 56 tat UNOERCtEAR it NAVIGATION DATA 38 NAVIGATION CONTROL N III PIER PROTE£TION LOAD RATING AND POSTING~.. /5',2 31 0ESiG, LOA0 ~ OA OPERATING DATING ~ I~tmvENTURY RATIh~"~:~:~ 70 8R'OGE POSTrAG I ¢1 STRUCTURE OPEN POSTEO OR CLOSEO P 67 STRUC EYAL APPRAISAL 68 DECN GEO ~ 89 UNOERELEAR. VENT & XORI 71 WATERWAY ADO ~ 36 TRAFFIC SAFETY FEATURES 1000 113 SCOUR ERIT BR N PROPOSED IMPROVEMENTS 75 TYPE Of WORX 36,1 76 LENGTB Of STRUCT. IMPROVEMENT 94 BRIDGE IMPR. COST (1000'$L 850 95 ROWAY. IMPROVE COST (i0005) 96 TOTAL PROJ COST (1000'st 1200 91 YEAR OE IMPROVE ESTIMATE 15~1 64.0 250 CLASSIFICATION 10I PARALLEL HIGHWAY N 103 TEMPORARy STRUCTURE 102 OIRECTION OF TRAFFIC 2 if 26 FUNC Ct 16 M I N ~RT 20 TOLL 3 21 MAINta~N 04 22 OWNER 04 LAST RECORDEO INSPECTION 0~/1994 WEIGHT LIMIT 13T 22 T 26 T TRUCKS AND BUSES 10 mph APPENDIX B Deck Concrete Sounding (1986 and 1993) 24-0'-5 Out to Out ABUT. ~x ~L PIER 1---~\ ~. PIER 2-~ ~. PIER 3--~\ ~. PIER 4--~x ~ E. ABUT.---xx " 43'-21,4Z " 42'-0 \ 54'-0 x 54'-0 \ 47'-P~ SOUNDING PLAN 1986 SOUNDING DELAMINATED AREA: 5152 S.F. PERCENT 1995 SOUNDING (ADDITIONAL TO 1986) DELAMINATED AREA: 989 S.F. PERCENT 13,7~ TOTAL DELAMINA'[D AREA: 4121 S.F. PERCENT 57,2~ IOWA CITY, IOWA SOUNDING PLAN MELROSE AVENUE BRIDGE CITY OF IOWA CITY APPENDIX C Description of Stringer Bridge By 1934, steel stringer replaced trusses as the main load carrying structural members. Stringer bridges are not as material efficient as trusses, however, they require much less labor. Loads on stringers create bending in the beam which can be viewed as compression in the top of the beam and tension in the bottom. Since the compression or tension force increases further from the center of the beam, material efficiency is obtained by placing most of the material as far from the center as possible. This results in the common I shape of beams. A great advantage stringers have over trusses is that they have redundant load paths. If one stringer is lost, the load will be picked up by the other stringers, whereas, loss of one member of a truss can collapse the entire bridge. The sketch below shows some of the common terminology used in this report. CURB -CONCRETE DECK INFORCING STEEL (2 LAYERS) DIAPHRAGM BETWEEN S]RINGERS STRINGERS 'lOP FLANGE (COMPRESSION) BOT[OM FLANGE (TENSION) PHOTOGRAPHS OF BRIDGE MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1995 ROADWAY LOOKING WEST ~1' I i' ROADWAY LOOKING EAST MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1995 TRANSVERSE LOOKING NORTH EDGE OF DECK CONCRETE DETERIORATING MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1995 ROADWAY CONCRETE EXTREMELY DETERIORATED SIDEWALK DETERIORATED - TRIP HAZARD MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1 995 . ~; · ,~,' '.,.:~:',:~ ~ ,~., ........,..,,~. ._ . ,.-."~; . . CLOSE UP OF DECK PATCH CRACKING FOLLOWS REBARS NOTICE RUST COLOR INDICATES REBAR CORROSION UNEVEN EXPANSION JOINT AT S W CORNER TRIP HAZARD MELROSE AVENUE BRIDGE CITY OF IOWA CiTY SEPTEMBER 1995 BEARING PLATE COMPLETELY CORRODED CENTER BEAM AT WEST ABUTMENT BAD DETERIORATION OF WEST ABUTMENT BACKWALL MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1995 WASHOUT NORTH END OF EAST ABUTMENT NOTE LINE INDICATES LOCATION OF GROUND 4-23-94 WASHOUT CENTER OF EAST ABUTMENT MELROSE AVENUE BRIDGE CITY OF IOWA CITY SEPTEMBER 1995 SALT LEACHATE ON UNDERSIDE OF DECK NEAR EAST ABUTMENT SALT LEACHATE ON UNDERSIDE OF DECK NEAR PIER I MELROSE AVENUE BRIDGE CITY OF IOWA CiTY SEPTEMBER 1995 REBAR DETERIORATION ON UNDERSIDE OF DECK REBAR DETERIORATION ON PIER DIAPHRAGM City of Iowa City MEMORANDUM Date: October 13, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney ~ Re: Status on Water Impact/Connection Fees; Staff Progressing As you can see from the attached memo dated September 20, 1995, which contains a copy of the ordinance which I obtained from Virginia Beach City as a "model ordinance," the staff is making prograss on a possible water connection/water'resource recovery fee for Iowa City. In follow-up, Chuck Schmadeke; Sarah Holecak; Ralph Russell of Howard R. Green; Steve Atkins; Don Yucuis; Ed Moreno; Kadn Franklin and I met October 3, 1995, to discuss the calculations Ralph Ru~ell did. We compared Ralph's calculations (which he will put in wdtten form, for further staff discussion), to my suggestions received from the engineer involved with the successful water connection fee in the Virginia Beach court decision. After much discussion, we agreed to meet in mid to late October to revisit our diverse ideas. Hopefully we will soon have a recommendation to the City Council. CC: Marian Karr, City Clerk Steve Atkins, City Manager Dale Helling, Assistant City Manager Chuck Schmadeke, Public Works Director Ed Moreno, Water Superintendent Ralph Russell, Consultant Howard R. Green Karin Franklin, Planning & Community Development Director Don Yucuis, Finance Director Sarah Holecek, Asst. City Attorney File Attachment In-aNmpac~ee,mmo City of Iowa City MEMORANDUM Date: September 20, 1995 To; From: Steve Atkins, City Manager Chuck Schmadeke, Public Works Director Ed Moreno, Water Superintendent Ralph Russell, Consultant, Howard R. Green Karin Franklin, PCD Director Don Yucuis, Finance Director Linda Newman Woito, City Attorney Status of Continuing Work on Water Impact/Connection Fees, for report to City Council; update on City Attorney Office progress Attached please find a copy of the water connection/water resource recovery fee which I agreed to obtain from the Virginia case cited in my July 1995 memorandum concerning water impact fees. My Office has been in contact with the attorneys who litigated this water resource recovery fees, and I am ready to report on, and explore, methods of computing the costs per "drainage fixture unit." As I recall, at our meeting on Wednesday, August 9, 1995, we agreed to proceed as follows: Public Works and City Manager would prepare a report on what water connection fees we already collect, what equipment or services those fees are intended to cover, etc. Chuck Schmadeke, Ralph Russell and I were going to see if the existing historical data, including construction costs, could be used to calculate a water resource recovery fee - - or whether we need additional information. I was going to pursue the use of the "drainage fixture unit" found in one of the cases, as an appropriate unit to calculate, at least in part, a water connection fee, I wanted to report on my progress, and perhaps we should "touch base" on our next steps - since I am confident that the City Council wants to proceed with a water impact/connection fee within the next few months. CC: Assistant City Manager File Attachment 14:28 VA BEACH CITY ATTY. TEL:804-42?-4531 P. 002 dersilent and a0aeciated distribution facil~tiee. such fees shall be known aa ,'r~cevsry feet." The fees 0hall b~ determined on the basis of the drainage fixture unit schedule as p~ovided la the Unifo~u Statew£de ay~c~ whenever such use e= structure ~s ~pandsd, changed or modified structure connects. I~ a ~rope~y owner has previously paid wats= line ch~ged t~ full ~o~t of app%loable reoove~ ~ees, le~s a credl: of ~y wat~ l~e fees previou~ly paid.- (b) Recover~ fe~ shall bs as (1) aocordin~ to the following schedule: (~.) Thirty-two dollars ($32.00) ~ drainage ~tx~ure unit fr~ the effective date o~ this section until JUne 30, 1986. Six~y-thrse dollars (563.00) per d~ainaoe fixture unit from July 1, 1986, ~o Dec~ll~ber 31, 1986. (iii) Sixty-six dollars ($55.00) per drainsos ~£xture until effective November 24, 1987. (2) In all cases where a plumbing fixture is no~ specifically dsso~ibad in ~he Unl~o~ ~=atewide Buildin9 Code (~lumbin~}, as afne~ded from time =o time, an equivalsn~ drain~s fixture unit value £o= ~he plum~ing £ixtu~e shall bs computed by dspaz~uu~nt of public utilities and shall be made a par~ of studerda It.qd specifications of t~e department of ~u~lic In the event of a diepuCe as to the amount of fees awed, ~he property ovme~ may appeal ~he d~ent of ~lic utilities' decimasa =o the city m~ager or his deuignse ~d, ~her~fter, to City Co~cll. (C) NO buildin9 or plumbing permic ~hall he issued fo~ any prep~r~y, and if issued, such peZ~lit shall no~ he valid, until ~he fees provided for in this eelion have been paid. 14:28 VA BEACH CITY ATTY. T£L:804-427-4531 P. 003 {o=d, No. ~57~ 1-6--8610=d. ~o. 1S87, 2-10-$6~ Ozd. RO, 1665, 12-22-~6~ account ~o ~u~ly ~d d~s~ti~n ~acLiL~le. for the oi~, ~ ~ela~ ~gt~ng ~d (Ord. No. 1575, 1-6-867 Ord. NO. 1587, 2-10-B6) City of Sowa City MEMORANDUM Date: October 13, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney ~ Re: Preliminary research on banning of "toy vehicles" or skateboards in Iowa City As you can see from the attached transcription of the November 7, 1994 City Council work session, there are no prohibitions against skateboards on sidewalks in Iowa City. At one time, the ordinance prohibited skateboards and "toy vehicles" such as rollerblades and roller skates on Ci~ sidewalks in commercial areas. Since the ordinance did not limit the ban to downtown and since it seemed to me a matter of public policy, to be decided by the City Council, we discussed this last year at approximately the same time. City Council deferred the proposal indefinitely to permit staff to research the matter. Now that the "toy vehicle" question has come up again, I have called together the following staff for a meeting on Friday, October 20, 1995 to discuss an overall view of skateboards and rollerblading in the city: Jim Brachtel, Traffic Engineer; Terry Trueblood, Parks and Recreation Department Director; Patrick Harney, Police Department Field Operations Head; Anne Burnside, First Assistant City Attorney; Bill Dollman, Parking Manager; and me to discuss the "big picture." The following topics will be reviewed: A continued ban on skateboards and rollerblading in the Plaza. Reviewing possible areas for "safe skateboarding and rollerblading". A review of rollerblading in streets (residential); currently rollerbladtng and skateboards are illegal in roadways. This means all streets, even including residential streets. If we ban rollerblading in all streets, do we force pedestrians to contend with them, or do we consider directing rollerblading to "safe areas?" Continuing to ban bicycles on sidewalks in commercial districts - but looking at limiting this to the downtown area. CC: City Clerk City Manager Assistant City Manager Jim Brachtel Terry Trueblood Pat Harney Anne Burnside Attachment 3; 11 November 7, 1994 Council Work Session page 53. 5. Throg/(Consent Calendar 3.e.(2)-Let'ter from R. Lakes regarding problem of speeding cars in the Manville Heights area). There is this le~ter from R. Lakes .... Arkins/We will follow up on it. 6. Kubby/ (Agenda #21-Toy Vehicle Ordinance) Comment about the toy vehicle ordinance....problem for me is d.t ..... New fangled CN-1 things going and some one wants to rollerblade to a restaurant ..... I don't want it to be applicable to every area. Woito/ That is why I took it out....It didn't slip out inadvertently. I think you guys need to think about it ..... Kubby/ I agree with it d.t .... Woito/ It was so broad, I took it out....Anything that is a major policy decision....Entirely different forms of transportation .... If you are going to ban rollerblades, the council out to do it. Kubby/The language says any commercial zone and I disagree with it. Arkins/ Woito/ It is very broad. I thought it was way to broad. Kubb¥/ Let R.J know that we just want to do it d.t. Atkins/ Defer it and I will bring it back. Woito/Just limit it to CB-10.' Nov/ Consider CB-5 and CB-2 also ..... Woito/ Delineate Gilbert or Court .... Horow/ Defer it to 22rid. Nov/What about bicycles...all commercial sidewalks .... · Kubby/ Woito/ You are pushing people out into the street in some places and I think you need to know that. This representS only a reasonably accurate transcription of the Iowa City counc~3 meeting of November 7, 1994. November 7, 1994 Council Work Session page 52 Nov/Need to think about this. Woito/ Horow/Got this deferred to the 22rid .... This represents onl~f a reasonably accurate transcription of the Iowa City council meeting of November 7, 1994. ORDINANCENO. ORDINANCE AMENDING TITLE 9, ENTITLED "TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS," SECTION 7, ENTITLED "TOY VEHICLES,' OF THE CITY CODE 8Y ADDING A NEW PARAGRAPH TO PROHIBIT TOY VEHICLES OR SIMILAR DEVICES UPON SIDEWALKS IN THE COMMERCIAL DISTRICT. WHEREAS, It is the intent of the Iowa City City Council to provide a safe environment for pedestrians and public users of sidewalks in commercial zones; and WHEREAS, an ordinance prohibiting toy vehicles such as roller skates, rollerblades, skateboards and coasters in any commercial zone was included in the former Code of ordinances of the CiW of Iowa City; and WHEREAS, it would be prudent to continue to prohibit the use of toy vehicles and other similar devices in any commercial district for the safety and protection of both pedestrians and toy vehicl~ users. NOW, THEREFORE, BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, entitled "Traffic," Chapter 1, entitled "Definitions," Section 7 entitled "Toy Vehicles" of the City Code be amended by adding a paragraph to read as follows: No person shall go upon any sidewalk in any commercml district on any toy vehicle or s~milar device. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provismns of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be ~nvalid or unconstitutional, such adjudication shall not affect the validiW of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as prowdeal by law. Passed and approved this MAYOR ATTEST: CITY CLERK ,.~ro~ed by City Attorn~'s Office City of Iowa City MEMORANDUM Date: October 12, 1995 To: City Council From: Marianne Milkman, Community Development Coordinator~ ... Re: Number of low-income Iowa City households At your Affordable Housing meeting of September 30, you asked how many households and what percentage of all households were at or below 80% of median income (low-income). This is not an easy number to come up with, because the available data is for different years and uses different jurisdictions (e.g. median income data is provided by HUD for Johnson County, whereas household data is for Iowa City). The other complication is how to factor in the students, since students are not specifically broken out in the census data. We have made calculations several different ways, making a variety of assumptions, and the numbers come out within a seven percent range. A reasonable average within this range is: 35% of Iowa City, non-student households have incomes at or below 80% of median income. Using this figure, the number of low-income households in Iowa City is approximately 5,400. Please note that if we assume the same average household size (2.34 persons) for students as for all other households, 5,346 student households would be added to the total number that are below 80% of median income. Obviously, these student households heavily affect the affordable housing rental market, while not being eligible for federal housing assistance. I hope this helps! Please call me if you have questions (356-5244). ac~10-5 mm City of Iowa City MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council Marian K. Karr, City Clerk October 13, 1995 Absence Both Sue and I will be attending the Iowa Municipal Finance Officers Association (IMFOA) meeting in Des Moines on Thursday and Friday, October 19-20, Since both the Deputy and Clerk will be out of the office no documents requiring signatures can be signed until Friday afternoon, Julie and Sondrae will be in the office Thursday and Friday to help with general questions, cc: Department Heads BUILDING PERMIT {NFORMATION CITY OF I0 WA 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 Date: 10/09/95 From: 09/01/95 To .: 00/30/95 Permit Applicant name Address Type Ty~e Stories Units Valuation No. ~pr Use ADD NO~ I 0 $ 270600 910 S 8I~-~SRT ST ADD NON 1 0 S 25000 BL095-0559 GFF.INC. 1220 ~IGHWAY 6 WEST ADD NON ! 0 $ 6750 10' X 14' COLD STO~AGE ADD NON permits: 3 $ 302350 ADD ~F 1 0 $ 50000 ADD RSP I 0 S 28000 ADD RSF 2 0 $ 20000 ADD ~SF 1 0 $ 12519 ADD P~F 1 0 $ 10000 ADD RSP I 0 $ 4000 ADD RSP 1 0 $ 3800 ADD RSF I 0 $ 3000 ADD RSF 1 0 $ 2750 ADD RSF i 0 $ 2000 ADD RSp 1 0 $ 1200 RDD R~F 1 0 $ 1000 Page: 2 Date. 10/09/95 Prom: 09/01/95 TO..- 09/30/95 ALT NON 0 0 $ 51000 ALT NON 0 0 $ 12000 ALT NON 0 0 $ 999 30 N CLINTON ST ALT NON 0 0 $ 999 ALT NON permits: 5 $ 102848 ALT RMF 1 0 $ 3500 hit R,qF 1 0 $ 2300 ALT ~ permits: 2 $ 5800 BLD95-0483 T.C. LUND~ INTERIOR REMODEL 729 RONALDS ST ALT RSF 1 0 $ 12000 ' BLD95-05S3 J0~N LAFFOON BASEMI~T REii0DEL tilt RSF 0 0 $ 6000 ALT RSF 0 0 $ 2460 BLD95-0540 DR I~D I.ORSON tN'rI~.IOR RIgMODEL hit RSP 1 0 $ 2000 ALT RSF 0 0 $ 1000 0 0 $ 1000 8LD95-0529 IA ST 0RC.,~a'4 2732 NORTHCL~TEDR PROC'L?~qEHT ORO. 5069SF 0PFIC'EB~/:)ING NEW NON 1 0 $ 301000 NON 2 0 $ 275000 brgW NON 1 0 $ 200000 BLD95~0310 $LE.~m~40R MCI2~C{{LA~ 1861 MUSCATINE AV~ 24' X 30' D~TAC{H~D G~UJkGE BLD95-0490 TIM CULL]tr~ 720 2ND AVE 24' X 28' DETACHED 0ARAGE 8LD95-0520 8RADf..B'Y t4OOP,~g 621 KBOE1]K CT {.2 ' X 24 ' DETACHED GA~{b~GI~ NEW RAC 1 0 $ 13000 N~ RAC 1 0 $ 20000 NEW RAC 1 0 $ 10000 NEW RAC 1 0 $ 60OO ~ RAC 1 0 $ 3OOO ~ RAC 1 0 $ 2300 ~ RAC 0 0 $ 2227 To... 09/30/95 BLD95-0509 BEN CHA~T 4-UNIT CONDOMINIUM 21 PENTIRE CIR NEW RliF 2 4 $ 5410~0 8LD93-0510 BIRCH HOUSE CORPORATION GROUP H0~H NEtt RSF 2 1 $ 161525 0 0 $ 2550 P~ge: 5 Date: 10109/95 From: 09/01/95 TO..: 09/30/95 Permit Apphcanc name Address Type Type Stories Units Valuation ~o. lmpr Use BARB ~IRE. RgP ~S? I 0 $ 500 TOTALS 32 $ 4052553 RECF-IV D SC ' WALDEN COURT OWNERS' ASSOCIATION, INC. 2413 WALDEN COURT IOWA CITY IOWA 52246-4118 3191338-8634 October 7~ 1995 Mr. Robert D. Winstead, Jr. Project Engineer City of Iowa City Civic Center 410 E. Washington Street Iowa City IA 58840-1826 Dear Mr. Winstead: At its annual meeting on October 1, 1995, the Walden Court Owners' Association asked me to write you to express the thanks of the Owners for your exemplary job of keeping us and the other neighbors informed of the plans and the progress of the project to reconstruct Rohret Road. The project is a large one extended over two building seasons. The flow of information has helped to minimize disruption and ease the concerns of those who must use Rohret Road, something especially important to the older residents. We look forward to the completion of the project, perhaps especially to the installation of the traffic signal at the new intersection. The traffic on both Mormon Trek Boulevard and Rohret Road testifies to the continued growth of this area.. Again: we much appreciate your helpfulness and look forward to working further with the City as the Mormon Trek Village development recently approved brings both more people and more traffic to the neighborhood. Sincerely yours, John P~. Boyle President Mr. Stephen Atkins City Manager Directors: John P. Boyle, President; Richard Carey, Vice President Becky Medhurst, Secretary/treasurer To: I0~R CITY From: jo hogarty 18qt-95 8:53am p. g of 7 dohmmn Courtly Charles D. Duffy, Chairperson Joe Rolkcom Stephen P. Laeina Don Sehr Sally Slutsman BOARD OF SUPERVISORS October 12, 1995 FORMAL MEETING 1. Call to order 9:00 a.m. Agenda 2. Action re: claims 3. Action re: informal and formal minutes of October 3rd. Action re: payroll authorizations 9:00 a.m. - Public Hearing on Zoning and Platting Applications: a) .First and Second consideration of the following Zoning applications: Application Z9529 of David Long, Iowa City, requesting rezoning of 1.8 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of Section 11; Township 78 North; Range 6 West of the 5th P.M. in Johnson County, Iowa 0'his property is located on the east side of Sand Road SE, approximately 1/4 of a mile north of its intersection with 490th Street SW in Pleasant Valley Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 522tlA-1350 TEL: (319) 356-6000 To: I0~ CITY CLERI( From: jo hogarty 18-11-95 8:53am p. 3 oF ? Agenda 10-12-95 Page 2 Application Z9535 of Orval Grout, owner, Kalona, requesting rezoning of 1.99 acres from AI Rural to RS Suburban Residential of certain property described as being in the NE 1/4 of the NW 1/4 of Section 24; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (Th~s property is located on the north side of Bayertown Road SW, approxhnately 3/4 mile west of its intersection with Maier Avenue SW in Sharon Twp.). Application Z9536 of Burdette Millard, owner, Midland, IX, signed by Dean Beranek of MMS Consultants Inc., requesting rezoning of 1.0 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of the NW 1/4 of Section 16; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa ('Iris property is located in the southeast corner of the intersection of Highway 965 and 140th Street NW in Jefferson Twp.). Application Z9537 of Richard Lindemann, owner, Swisher, signed by Dean Beranek of MMS Consultants Inc., requesting rezoning of 2 - 1.99 acres tracts fi'om AI Rural to RS Suburban Residential of certain property described as being in the SW 1/4 of the NW 1/4 of Section 7; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is.located on the west side of Greencastle Road NW, approximately 0.5 miles south of its intersection with 120th Street NW in Jefferson Twp.). Application Z9538 of Frederick Charbon, owner, Iowa City, signed by Gene Kroeger, Iowa City, requesting rezoning of 36.0 acres from A1 Rural to M1 Light Industrial of certain property described as being in the SE 1/4 of Section 35; Township 80 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located in the SW quadrant of the intersection of 340th Street SW and Deer Creek Road 8W in Clear Creek Twp.). To: IO~ CITY CLERK From: jo hogarty 1~-11-95 8:53~m p. 4 of ? Agenda 10-12-95 Page 3 b) Discussion/action re: the following Platting applications: Application S9546 of Lakecrest Manor Homeowners Association, signed by Jim Martinek, requesting preliminary and final plat approval ofA Resubdivision of Lots B & D of Lakecrest Manor Part Three, a subdivision located in the NW 1/4 of Section 22; Township 81 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2 - lot with 2 - outlots, 8.528 acre, residential subdivision, located on the north side of Apache Drive NE and Arrowhead Lane NE in Lakecrest Manor Subdivision, Part Three in Big Grove Twp.). Application S9563 of Dennis Jenn requesting preliminary and final plat approval of Jenn's First Subdivision, a subdivision described as being located in the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of Section 27; Township 78 North; Range 7 West of the 5th P.M. in Johnson County, Iowa 0'his is a 2-1ot, 4.62 acre, residential subdivision, located on the south side of 540th Street SW at its intersection with Jasper Avenue SW in Sharon Twp.). Application S9564 of Dean Oakes requesting preliminary and final plat approval of Sugar Bottom Hills - Part II (A Resubdivision of Lot 3 Sugar Bottom Hills Subdivision), a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 3; Township 80 North; Range 6 West of the 5th P.M. m Johnson County, Iowa (This is a 2-1or, 34.94 acre, residential subdivision, located on the southeast side of Sugar Bottom Road NE, 1/2 mile east of its intersection with Mehaffey Bridge Road NE in Newport Twp.). Application S9565 of Albert Westcott, signed by Shirley Westcott, requesting preliminary and final plat approval of Westcon Addition, a subdivision described as being in the SW 1/4 of the NW 1/4 of Section 26; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 11.82 acre, farmstead split, located on the west side of Prairie du Chien Road NE, approximately 1/4 of a mile north of its intersection with Newport Road NE in Newport Twp.). To: I0~ CITY CLERK From: jo hogarty 18-11-~5 8:53am p. 5 of ? Agenda 10-12-95 5. Page 4 Application S9566 of William McCreedy requesting preliminary and final plat approval of Newport Lane Acres, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 24; Township 80 North; Range 6 West of the 5th P.M. in Jotmort County, Iowa (This is a 2-lot, 5.73 acre, residential subdivision, located on the east side of Newport Road NE, 3/4 of a mile south of Turkey Creek Road NE in Newport Twp.). Application S9567 of Cynthia Assmussen, Albert E. Doden, and Robert P. Herring, signed by Robert P. Herring requesting preliminary and fuml plat approval of Sun-~et Ridge, a subdivision described as being located in the NW 1/4 of the NW 1/4 of Section 13; Township 80 North; Range 8 Wet of the 5th P.M in Jotmort County, Iowa (This is a 2-1or, 31.88 acre, residential subdivision, located on the south side of 260th Street NW, 1/4 of a mile east of its intersection with Echo Avenue NW in Oxford Twp.). Application S9559 of Karen Boddicker, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of Pm-P First Addition, a subdivision located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa CYhis is a 1-1or, 2.246 acre, commercial subdivision, located on the north side of 120th Street NE, 300 feet east of the 1-380 interchange in Jefferson Twp0. 6. Business from the Assistant Zoning Administrator. a) Discussion/action re: application SP07 of P-n-P Convenience Stores for a Site Plan Review of the CP2 Planned Commercial District. Located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County: Iowa (Located on the north side of 120th Street NE, 300 feet east of the 1-380 120th Street NE interchange in Jefferson Township). b) Other 7. Business from the Zoning Administrator. lo: I0~ CITY CLER[( Agenda 10-12-95 Page 5 a) Motion setting public hearing. b) Other 8. Business from the County Auditor. a) Action re: permits Action re: reports c) Motion to hold public hearing on FY '96 budget amendment requests on November 2, 1995 at 9:00 a.m. d) Other 9. Business from the County Attorney. a) Report re: other items. 10. Business from the Board of Supervisors. a) Motion authorizing Chairperson to sign sub-lease between Johnson County and the State of Iowa for Department of Human Services located at 911 North Governor Street, Iowa City in the amount of $215.18 per month approved subject to letter from John Bulkley to state listing ambiguities. b) Action authorizing County Engineer to forward applications to East Central Iowa Council of Governments for ISTEA funding as presented Tuesday and authorize Chairperson to sign letter accompanying the applications. c) Action authorizing Chairperson to sign detour agreement with Iowa Depmhnent of Transportation on Penn SUcet gore West Corporate limits of North Liberty to 1-380. d) Action re: S.E.A.T.S. Assistant Director job description and salary range ($29,000.00 thru $32,000.00). e) Other To: IO~R CITY CLERK Fro=: jo hogarty 18-11-9S 8=53aa ~. ? or ? Agenda 10-12-95 Page 6 11. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. Report t}om the County Attorney. d) Other 12. Adjournment. 1:00 p.m. - Canvass of votes for Iowa City Primary Election October 24, 1995 Federal Aviation Administration Regional Director Kansas City, MO Re: Letter of intent to cooperate by endorsing a concept plan for redevelopment of City and County lands surrounding the Iowa City Airport. Dear The City Council for the City of Iowa City, and the Board of Supervisors for Johnson County, in a joint meeting, have endorsed the concept for redevelopment of City and County lands surrounding the Iowa City Airport, as proposed with the current airport master planning process now underway. As you know, the Iowa City Airport is located in an area bounded on the west by old U.S. Highway 218, on the north by Iowa Highway 1, on the east by Riverside Drive, and at the interface of the southerly portion of the City of Iowa City and the southeasterly portion of Johnson County. Because the Iowa City Airport is publicly-owned land and represents a significant resource, both the City of Iowa City and Johnson County wish to cooperate in pursuing a joint concept, and making every effort to fulfill our obligations. In reviewing the proposed concept, including maps, Johnson County and the City of Iowa City believe that it is in our best interest to anticipate how certain areas surrounding the airport will be developed or redeveloped, and to have some general, broad-based concept to visualize and anticipate that growth. In agreeing to this general letter of intent to cooperate in proceeding from the proposed concept, Johnson County and the City of Iowa City agree on the following general principles: 2 Redevelopment of the Iowa City Airport and adjacent lands shall be, wherever feasible and reasonable, carded out pursuant to the concept which has significant potential benefit to both Johnson County and to Iowa City. This general concept includes the shared values of orderly development of commercial and industrial uses along artedal street corridors within the area, preservation of sensitive lands within the area, enhancement of publicly-owned facilities including Ryerson Woods and the Johnson County Fairgrounds, as several examples. The Johnson County Board of Supervisors and City Council for the City of Iowa City wanted to relay this information and their "letter of intent to cooperate" in the planning process for the Iowa City Airport master plan now underway, and to make a good faith effort to extend their intent to cooperate to their mutual advantages. Cordially yours, Susan M. Horowitz, Mayor City of Iowa City Attest: Charles Duffy, Chair Johnson County Board of Supervisors Attest: Madan K. Karr, City Clerk County Auditor AIR I COMMERCIAL I INDUSTRIAL PARK DEVELOPMENT CONCEPT 1995.20t 5 Accommodate Aviation Activity Pdodtizes Airport Projects in Order of: - Safety - Preservation - Standards - Expansion Recognizes: - Public Investment · Roadways, Sanitary Management Sewer, Water Distribution and Storm Water - Private Sector Investment · Commercial and Industrial Site · Residential - Public Lands and Facilities · River Corridor, Bicycle Trail, Johnson County Fairgrounds - Environmentally Sensitive Areas · Ryerson Woods, Wetland Areas - Constraints as well as opportunities Encourages - Public / Private Sector Cooperation · Land Owners · Investors/Developers Sets Forth a Development Concept that will provide Long Term Benefits to City and County Residents McClure Engineering Co. October 24, 1995 IOWA CITY MUNICIPAL AIRPORT AIRPORT MASTER PLAN EXISTING CONDITIONS - Airport Infrastructure - Airport Operations - Adjacent Land Use - Opportunities / Constraints FORECAST OF AVIATION ACTIVITY - Based Aircraft - Aircraft Operations - 5, 10 and 20 year FACILITY REQUIREMENTS - Airside * Runway(s) * Taxiway(s) * Apron * Landing Aids * Navigational Aids DEVELOPMENT ALTERNATIVES - Airport Service Level - Non-Aeronautical Uses ~ Air-Industrial Park Concept - Off-Site Land Use Considerations - Cost / Benefit Considerations - Capital Costs - O & M Cost - Transportation Benefit - Indirect - Induced AIRPORT LAYOUT PLANS - FAA Compliance Requirements - Airport Layout Plan - FAR PART 77 - Approach Plan / Profile - Runway Protection Zones - Terminal Area Plan - Land Use Plan - Airport Property Exhibit - Landsida ° Terminal Bldg. * Hangar ~' Access * Parking ' Utilities McClure Engineering Co. October 24, 1995 DEVELOPMENT SCHEDULE - 5, 10 and 20 Year - Capital Costs IMPLEMENTATION STRATEGY - Investors ° Federal / State Assistance * Local Share * Private Sector - Airport Generated Revenue - Non-Airport Revenue / Expenditures - 5, 10 and 20 Year McClure Engineering Co. O~ober24.1995 d~ ENVIRONMENTAL INVENTORY REVIEW - Purpose and Need - Alternatives - Environmental Setting, Consequences and Mitigation * General * Noise * Existing and Planned Land Uses and Zoning ' Air Quality * Water Quality * Socioeconomic Impacts * Section 4 (f) 49 USC Subtitle I, Sec. 303 * Historical and Archaeological Sites * Flood Hazard Evaluation * WeUands * Wild and Scenic Rivers * Wildlife and Waterflow * Impact to Endangered and Threatened Species * Farmland * Energy Supply and Natural Resources Development * Construction Impacts * Solid Waste * Light Emissions McClure Engineering Co. October 24, 1995 City of Iowa City MEMORANDUM DATE: October 20, 1995 TO: City Council FROM: City Manager RE: Material in Infomarion Packet Copy of letter from Mayor Horowitz to John and Ada Streit regarding efforts to locate a restaurant at Scott Boulevard/Court Street. Memoranda from the City Manager: a. Confined Space Rescue - Iowa City Fire Department ~ 20 b. Economic Growth Survey - Chamber of Commerce .~ ~/ c. Iowa City Area Development Group - Annual Audit .~ ~ d. Cedar Rapids Street Lighting Ordinance ~ ~ from the City Manager to area legislators regarding regulations tJJ~ Copy of letter regarding public water supply operation fee increases. Copy of letter from the AssistanE City Manager to the Downtown Association regarding holiday transit service. Memorandum from the Economic Development Coordinator regarding NCS new ~>-~ industrial jobs training project. Memoranda from the Department of Planning and Community Development: a. First and Muscatine Grocery Store b. Final meeting of the Near Southside Design Plan Advisory Committee c. Towncrest Relocation Program: Financial Summary . Memorandum from the Traffic Engineer regarding alley in the 300 block of Jefferson Street. Memorandum from the Human services Coordinator regarding joint human services~tg/ funding hearings. Memorandum from the City Architect/Energy Coordinator regarding annual energy use report, year end FY95. Memoranda from the City Attorney: a. Distinction between formal "public hearings" and "public comment" ~$~ or "public discussion" on an agenda item b. Water Impact/Water Connection Fees Research c. Request to hold $300 civil penalty payment in abeyance d. Scheduling and Professional Obligations Memorandum from the City Clerk regarding Council work session of October 9, 1995. Copy of letter from Frantz Construction Co. expressing appreciation for City staff during Whispering Meadows Housing Development project. Agendas for the October 17 and October 19, 1995, meetings of the Johnson County Board of Supervisors. City Counc*i 1 October 20, 1995 Page 2 TO COUNCIL H~BERS ONLY: Memoranda from the City Manager: a. Peninsula Copy of letter from the City Manager to the Superintendent of the Iowa City Community School District regarding West High School driveway. Memorandum from the Directors of Planning and Community Development and Parks and. Recreation Departments regarding neighborhood open space acquisition. Agenda ~ 10/24/95 Informal meeting of the Board of Supervisors. Information from Heritage Museum Director regarding admission to the !~useum. October 15, 1995 John and Ada Streit 1512 First Avenue N, D-203 Coralville, IA 52241 CITY OF I0 WA CITY Dear Mr. & Mrs. Streit: At our work session the other evening, the City Council discussed the press reports concerning your effort to secure a Scott Boulevard/Court Street area location for a proposed new restaurant. Council is most supportive of neighborhood-type development/commercial activity and has taken steps to encourage such development in our neighborhoods. However, we do have an obligation to provide 'zoning for such activities, and then the neighbors, particularly those in newer neighborhoods will not have any false expectations about neighborhood-related commercial development activitv which can and will probably occur. As we understand, you chose to seek a variance from the Board of Adjustment to allow the restaurant construction you proposed. As you may know, the Board of Adjustment is a group of Iowa City citizens appointed by the CiW Council to review such matters. They are appointed and serve based upon their interest in our community's development. Your restaurant was to have had additional parking and was of a size that it did not meet the neighborhood commercial zoning. The Board of Adjustment is a quasi-judicial body and therefore their decisions are reviewable only by the courts and not the City Council; however, it does appear that their decision upheld the neighborhood commercial zoning concept. We, the City Council, hold strongly to our citizen boards and therefore their advice is most important. The Council hopes you will pursue your interest in the construction of a restaurant and, as we understand, other possible locations where the proper zoning exists have been mentioned to you. We feel strongly that the intent of the zoning in that particular neighborhood was to meet neighborhood interests and not the larger scale development you propose. As I said before ~ am sure you can appreciate that neighbors purchase their properties and expect to see development occur in accordance with the Zoning Ordinance. To dramatically change the zoning regulations and/or amend those, as would be a decision of the Board of Adjustment, is a disservice to the surrounding neighbors. I wanted to take a moment to write and explain to you that we continue to have interest in the restaurant development activity you propose and hope you are successful in finding a location that best serves your interest and those of your customers. While Council cannot be a "broker" entity we are in agreement that we hope your restaurant can stay in Iowa City! Sincerely, Mayor b~anan~e City of iowa City MEMORANDUM Date: October 18, 1995 To: City Council From: City Manager Re: Confined Space Rescue - Iowa City Fire Department As a followup to our recent discussion with the Council concerning the significant expense associated with the initiation of a confined space rescue program, we have contacted area fire d~l~artments requesting their participation. Specifically, Acting Chief Rocca has by letter requested financial assistance from the Johnson County Mutual Aid Association. We have suggested some type of per capita payment by each city/town be developed in order to adequately fund this program. This would be very similar to the per capita payment utilized'in the hazardous materials response team. We are seeking their comments and suggestions. We will keep you advised. cc: Andy Rocca, Acting Fire Chief City of Iowa City MEMORAND'UM Date: October 16, 1995 To: City Council From: City Manager Re: Economic Growth Survey Chamber of Commerce Attached is a copy of the results from the Chamber's recent economic growth and development survey of membership. I believe I may have sent a copy to you earlier. At our recent ICAD Board meeting we discussed this issue. I did point out some of my concerns based upon the assumptions, particularly the issues surrounding "impediments to desirable growth". I draw your specific attention to the fact that under the municipal infrastructure 64% indicated somewhat of a impediment to economic growth. As I pointed out to the ICAD Board and I would say to any individual offering a similar opinion, it is difficult for me to understand such a response. We have undertaken significant and timely improvements in our street and highway network, water and sewer, an airport master plan, as well as the other traditional municipal infrastructure issues. This simply may be an expression of general disgruntlement or lack of information. Whether this conclusion is any reflection on the other (~onclusions is difficult to say, other than I wanted to point out that I'm not sure what more we could be doing in the capital development and planning process without huge increases in expenditures. CC: Chuck Schmadeke Karin Franklin Don Yucuis "'it/ Economic Growth, Development & Diversification Survey Results* 1. What would you like to see as the posture of the Area Chamber conceming economic growth, develoment and diversification? 78% Proactively advocate economic growth, development and 20% 2% 2. What type of 12% 32% 19% 5% 32% diversification. Selectively support. Maintain a neutral posture. labor do you find difficult to hire or retain? Hourly low-skilled Houdy semi-skilled Technical Middle Management None 3. What do you think is the best approach to solving the problem of The availability of affordable housing? 11% increase development density. 7% Subsidized housing. 5% Encourage apartment construction. 37% Encourage starter home construction. 12% Public transportation to outlying communities. 28% Municipal policies to reduce development costs. 4. Please indicate the extent to which the following factors are impediments to what you consider to be desirable growth, development and diversification. Serious Somewhat An Not An Not Impediment Impediment Impediment Important Industrial site availability 20% 44% 33% 3% Local gov't regulations: Iowa City 57% 33% .9% >1% Corelville 1% 26% 71% 2% North Uberty 1% 14% 82% 3% Johnson Co. 7% 49% 42% 2% Attitudeof Councilors and/or Supervisors: Iowa City 66% 26% 7% 1% Coralvtile 1% 23% 74% 1% North Ubedy 1% 9% 86% 3% Johnson Co. 7% 49% 41% 3% Labor Supply 16% 49% 35% >1% Cost of Housing 49% 41% .28% 0% Community Attitude 14% 54% 32% 0% IOWA CITY Municipal Infastructure 15% 49% 35% 5. Please indicate where your business is located: 85% Iowa City 2% Other Johnson Co. 11% Coralville 2% Oulside Johnson Co. 1% North Liberty 1% 3un/ey distributed to 850 members of the Area Chamber. Over 250 members relumed surveys, a role d 33%. Some numbers may nol equal 100% due to rounding. For more informalion. cell 337-9637. ) City of Iowa City MEMORANDUM Date: October 16, 1995 To: City Council From: City Manager Re: Iowa City Area Development Group - Annual Audit The annual audit for ICAD has been completed and all accounts were found to be in order. The financial condition of ICAD is satisfactory and I would suggest that if you have any further interest, we can provide you with a copy of the audit. The City's annual contribution amounts to approximately 25% of their total revenue and it continues to run consistently at about that percentage. The cash balance was unchanged; however, there are some concerns over long term financing and the need to use some cash for their annual operations. The ICAD Board will need to consider that fact in the upcoming budget approval. cc: Don Yucuis City of iowa City MEMORANDUM Date: October 17, 1995 To: City Council From: City Manager Re: Cedar Rapids Street Lighting Ordinance Jim Brachtel has spoken with Dan Richardson of the Cedar Rapids Traffic Engineering Department concerning a proposal for a new lighting ordinance. It appears there are two issues. One is the franchise between the City and the utility company. The second issue is an outdoor lighting code which was developed by a committee but which has not been adopted into the Cedar Rapids Code of Ordinances. Evidently there is no support from the Cedar Rapids City Council to amend the franchise and/or adopt a new ordinance. b~om Same letter to: Representative Dick Myers Representative Barry Brauns Representative Mary Mascher Representative Minnette Ooderer October 17, 1995 The Honorable Mary Neuhauser 3485 G. Richard Circle SW Iowa City, IA 52240 Dear Senator~se .~~"' Senator Robert Dvorsky Senator Richard Or CITY OF I0 WA CITY I am wdting to comment on the recent changes the Environmental Protection Commission (EPC) has adopted regarding public water supply operation fee increases. The increases will aid the Iowa Ddnking Water Program of the iowa Departmental of Natural Resources (IDNR) to fund positions and programs in order to maintain primacy from the EPA. The changes have reallocated an original proposal's funding cdteria to decrease the smaller systems (< 3,300 population) contribution and increase the larger water systems contribution. Although I believe the IDNR should retain pdmacy for the Ddnking Water Program, I also believe the reallocation of the funding cdteda is a disservice to the City and all the water systems in Iowa who are responding to drinking water quality standard changes to provide safe ddnking water to consumers. Through our mayor, we participated early-on in discussions with IDNR staff to arrive at an equitable method of allocating the cost of this program. We were informed by IDNR staff that smaller public water systems represent 95% of the water systems in Iowa. And that 96% of the water systems in Iowa that were experiencing compliance problems were in this same category. Based on this information and the 'cost of service concept' that all water systems are familiar with and adhere to in normal operation, the cost of the program was initially proposed to be borne by the systems that would most benefit. The result of the change in the allocation process will cause the larger systems, who are in compliance, to subsidize the smaller systems and will continue to offer a false sense of security to a significant portion of water systems and their consumers regarding the seriousness of their compliance problems. Additionally, while I would support the fee for service concept, the State currently applies a sales tax to water consumption for residenbal customers. It would seem that the revenue generated would be more than sufficient to finance the DNR program of drinking water compliance. Additional fees are figured into our water service charges and then the State taxes the product (water consumed). I believe Iowa City will pay its fair share, however, the EPC policy of such fees and the State sales tax on water does not appear to be fair. Sincerely, Stephen J. Arkins City Manager bc: City Council Chuck Schmadeke Ed Moreno 410 EAST WASHINGTON STREET e IOWA CITY. IOWA $2240-1526 · 1319) )~6.~000 · FAX ())9) 156.)009 October 18, 1995 John Murphy, President Downtown Association c/o Bremer~s 120 E. Washington St. Iowa City, IA 52240 CITY OF I0 WA CITY Dear John: The City has traditionally continued operation of the Iowa City Transit system on the days after Thanksgiving and after Christmas. We have consistently experienced very low ridership on these days approximating that of our regular Saturday service. The day after Thanksgiving is an annual holiday and, frequently, the day after Christmas is designated as a "floating" holiday as provided by our Union contracts and personnel policies. Consequently, our personnel expenses to operate on those days are generally 1 1/2 times those of a normal day. In anticipation of funding cutbacks in federal operating assistance, we are looking at ways to reduce our operating expenses. Eliminating service on these two days would represent a step in that direction. However, we would like some input from the Downtown Association before further considering this possibility. We are interested in the perceptions of the Downtown Association as to how this may affect retail or other downtown businesses. Your attention and response to this matter would be greatly appreciated. The same projections for loss of operating assistance has prompted Councirs reluctance to reduce the Bus and Shop reimbursement to 35 cents per dde as recently requested in a letter from John Gross. Council remains interested in looking at ways to enhance the use of Iowa City Transit and the Bus and Shop program. However, the projected loss in revenue is a source of concern. Perhaps there are other alternatives, which, combined with an aggressive promotional campaign, might increase program usage in a way which would be more "revenue- neutral". Staff is willing to work with the Downtown Association to attempt to develop such alternatives. I would appreciate your response at your earliest convenience regarding these matters. I will be present at the next meeting of the Board of Directors to provide further information or assist in any way I can. Sincerely, Dale E. Helling Assistant City Manager CC: City Manager Director of Parking and Transit City of Iowa City MEMORANDUM Date: October 19, 1995 To: From: City Council David Schoon, Economic Development Coordinato~ Re: National Computer Systems New Industrial Jobs Training Project As the attached letter from Jim Loukota states, National Computer Systems (NCS) and Kirkwood Community College are in the process of entering into the final agreement for the New Industrial Jobs Training project for NCS. The recently adopted agreement between Kirkwood and Iowa City requires City Council approval of any final agreement for an Industrial New Jobs Training project, which utilizes incremental property taxes as a funding source, prior to execution of the final agreement between Kirkwood and the employer. In order to meet a deadline in November for a certificate sale for all new Kirkwood jobs training projects, the Kirkwood Board of Trustees will consider the final agreement at its November 9, 1995, meeting. City Council's consideration of the final agreement is scheduled for the November 7, 1995, Council meeting. Given that the New Industrial Jobs Training Program was part of the Community Economic Betterment Account (CEBA) application and loan agreement for the NCS project, the City Council has already approved the.use of the jobs training program for the NCS project. However, to comply with the recently adopted agreement between Kirkwood and Iowa City, a resolution from the City Council approving the final jobs training agreement is required. Staff should receive the final jobs training agreement on October 31, 1995. A copy of the final jobs training agreement will be included in your November 7, 1995, packet. If you have any questions regarding the jobs training project or the NCS project in general, prior to the November 7, meeting, please call me at 356-5236. CC: Stephen Atkins Karin Franklin Jim Loukota Vicki Amundson, NCS pod 6301 Kirkwood BIvO. SW P.O. Box 2~8 C~ar Rapids. Iowa 52406 319/39S-5411 October I 8, 1995 Mr. David Schoon ~ity of Iowa City Iowa City Civic Center 410 E. Washington Iowa City IA 52240 Dear David: CC: City Clerk City of Iowa City As you requested, the following information is being communicated in regards to the pending Iowa Industrial New Jobs Training Agreement between Kirkwood Community College and National Computer Systems, Inc. Number of new jobs to be created: 170 Number of new employees to be provided with training:170 Median wage of new jobs $27,000 Estimated growth in valuation $6,917,830 Proposed portion towards NJTP 100% If is planned that the final agreement will be presented to the Kirkwood Board of Trustees on November 9. 1995. When the agreement is prepared for signature by the company. a copy will be sent to you. If you have any questions. please l~el free to contact me. Thank you. Sincerely. Auxiliary Services JL/tf City of Iowa City MEMORANDUM Date:October 20, 1995 To: City Council From: Karin Franklin, Director, Department of Planning and Community Development Re: First and Muscatine Grocery Store On Wednesday, October 18, we received a site plan application from Hy-Vee, Inc. for construction of a grocery store at the property which was rezoned by Eagle Food Centers at the comer of First and Muscatine Avenues. The Hy-Vee corporation has a purchase option on the site which should be finalized by the beginning of December. The site plan is currently being reviewed by the Departments of Housing and Inspection Services, Public Works, and Planning and Community Development. As you will recall, the "Eagles" project was the subject of a Conditional Zoning Agreement which required approval of a concept plan by the Director of Planning. I have been working with representatives of Hy-Vee to develop a site plan which will be compatible with the adjacent neighborhoods, The zoning of this property grants to its owners certain rights under the Zoning Ordinance. I have tried to balance those rights with the concerns of the neighborhood. We are still working through some details of the site plan and the building elevations. Copies of the site plan and the building elevations will be available for City Council member perusal in my office by October 25. We have notified the neighborhood by the usual posting of the sign on the property that the site plan application has been received. We have also set up a meeting for November I at Southeast Junior High Media Center for Hy-Vee to present their plans to the neighborhood. At that meeting, representatives of Hy-Vee and I will make the presentation. The meeting is scheduled for 7 p.m. if any Council members wish to attend. cc: Stephen Atkins Mamia Klingaman City of Iowa City MEMORANDUM Date: October 10, 1995 To: Haywood Belle, Representing Near Southside Property Owners Kevin Hanick, Representing Near Southside Business Owners Marism Ramey, Representing Near Southside Senior Citizens Craig Willis, Representing the Iowa City Area Chamber of Commerce Laura Hawks, Representing the Iowa City Design Review Committee Jane Jakobsen, Representing the iowa City Planning & Zoning Commission Larry Wilson, Representing the University Dept. of Planning & Administrative Services Grant Crowell, Representing the University Student Association Pat Boutslie, Representing Project GREEN Tom Cowen, Representing Environmental Advocates Bruce Greiner, Representing the Iowa City Community School District Dianne Kaufman, Representing the Iowa City-Johnson County Arts Council From: Jeff Davidson, Assistant Director, Department of Planning & Community Development Re: Final Meeting of the Near Southside Design Plan Advisory Committee ~f The final meeting of the Near Southside Design Plan Advisory Committee will be held Monday, October 30, 1995, from 4:00 p.m. to 6:00 p.m. at the Iowa City Public Library, Room A. Prior to the meeting, we will send you a copy of the preliminary draft design plan. At the meeting, city staff will present the preliminary draft design plan. The Committee will make any necessary revisions to the plan at this meeting and then make its formal recommendation on the plan to the City Council. This should be the final meeting of the Near Southside Design Plan Advisory Committee. I appreciate your commitment in working through this process with us. I believe we are on track to develop an exciting new vision for the Near Southside area. Contact David Schoon (356-5236) or me (356-5252) if you have any questions or if you are unable to attend the October 30 meeting. Thanks. CC: C!ty staff J City Council c/ Gould Evans Associates City of Iowa City MEMORANDUM Date: October 17, 1995 To: From: Re: City Manager and City Council Steven Nasby, Assdciate Plann Towncrest Relocation Program: Financial Summary As you are aware, all 55 households were relocated out of the Towncrest Mobile Home Park before July 1, 1995. Immediately after that date, we sent letters to every household and set an August 15, 1995, deadline for relocation assistance. This ~11owed time for everyone to submit their final expenses. The following is a brief financial breakdown of the total expenses. EAGLE Funding Community Development Block Grant Funds City (General Revenue Fund) TOTAL 50,000 39,000 12,000 t~301,000 EAGLE funds were used for equity payments to individual households and replacement assistance for households relocating outside of Johnson County. Community Development Block Grant funds were used for replacement assistance, rehabilitation, moving expenses, rents and deposits, LIFE Skills, and other professional services provided. The City funding was used for administrative costs. Should you have any questions on the relocation program or the households assisted please call me at 356-5248, Date: To: From: Re: City of iowa City MEMORANDUM October 17. 1995 Stephen Atkins, City Manager James Brachtel, Traffic Engineer Ms. Joan Hart's Letter to the City Council - One-Way Alley in the 300 Block of Jefferson Street You've asked that I review Ms. Hart's letter to the City Council regarding the conversion of the alley bounded by 300 Johnson Street, Linn Street, 300 Market Street and Gilbert Street from two-way to one-way operation, Ms. Hart asserts that the alley should be made one-way so as to provide easy access to the rear of the residential properties on the south side of the block. Ms. Hart's request is based on the notion that traffic volumes are too high, These high traffic volumes lead to congestion and reducing the congestion would improve safety and facilitate access to the rear of the residential lots. Creating a one-way condition may reduce the volume of traffic. (The change in use from QuikTrip commercial to Gazette-KCRJ office at the intersection of Linn and Linn/Market will likely have a great impact on traffic volumes in the alley,) However, this may not result in a safer condition. When counterflow occurs, either innocently or intentionally, it will be of a greater surprise to residents and frequent users of the alley. The element of surprise will be a more likely contributor to accidents than the occasional congestion asserted by Ms. Hart. When intention countedlow occurs, the driver tends to be more aggressive than normal as the driver is aware he is doing something improper. As with all 20-foot wide alleys, placing necessary signing is difficult. As Ms. Hart notes, abutting buildings have been built close to the right-of-way, which limits where the signs can be placed - the signs should be placed so as to not become an additional hazard, One of the drives from the commercial parking lot to the north is directly opposite the drive to the garage on the south side. It will be difficult to place appropriate signs for the traffic exiting the parking lot into the alley if the alley is made to be one-way. Ms. Hart seems to discount the results of the questionnaire sent to each postal address in the block abutting the alley. Each resident had an opportunity to respond to the question. While the majority of the response was not a large majority, it was a majority. Ms. Hart observes "a large number of pedestrians" use the alley. Changing vehicular flow from two-way to one-way will have no impact on the number of pedestrians in the alley. 2 Ms. Hart notes that drivers "are surprised by the limited driving space" at the east end of the alley. The hedge on the north side of the alley at the east end has been allowed to encroach into the right-of-way and over a portion of the paved surface. If this hedge were pruned back so as to open up the full alley right-of-way, the tendency to shy away from the hedge to the south would be reduced. CONCLUSION: Creating a one-way alley may reduce the volume of traffic in the alley, but the improvement in operational safety is very likely a wash. A majoriW of respondents to the City's question- naire was to leave it as it is. Johnson County Council of Governments 410 E Vv'OSn,ngtcn S~ bv~ C~,ry. ~ 52240 Date: To: From: October 13, 1995 United Way Planning Division; United Way Allocations Division; ~6-~"a'~C~'~~'~I~I[I Johnson County Board of Supervisors; Coralville City Council; Johnson County Cluster Board; Housing and Community Development Commission; Mental Health/Developmental Disabilities Planning Council; Department of Public Health Teresa McLaughlin, United Way Executive Dire~o_r Linda Severson, Human Services Coordinator Re: United Way/Iowa City/Johnson County/Coralville Joint Human Services Funding Headngs You will find enclosed this year's schedule for the joint United Way/Iowa City/Johnson County/Coralville funding hearings. The heanngs will again be held at the Department of Human Services, 911 N. Governor Street. There will also be a training session on Thursday, November 16, at the Department of Human Services. It is hoped that this training session will enable new panel members to become familiar with the funding process and continuing members to sharpen and update their skills. Budget books will be available at the training session and at the first hearing, on Thursday, November 30. Please note that all headngs are on Thursday evenings except for Headrig 4 which is scheduled for Monday, December 18. All hearing sessions and the training meeting will begin promptly at 7:00 PM, Please plan to be ready to go by 7:00, We look forward to the continuation and deepening of the cooperation these joint heanngs have developed. Encl. HUMAN SERVICE AGENCY FUNDING HEARING SCHEDULE FOR FY97 All hearings to be held at Deparl~ant of Human Services, 9tt N. Governor DATE TIME AGENC, Y. · REQUESTS CORAL- IOWA JOHNSON UNITED PAGE, VILLE Cl'P~ COUNTY WAY Thurs 11/16 7:00 Training Session Thurs. 11/30 7:00 Orientation 7:15 Mental Health Center X X 7:45 Lutheran Social Service X X 8:15 Visiting Nurse Association X X 8:45 Legal Services X Thurs. 7:00 Big Brothers/Big Sisters X X X X 7:30 Youth Homes X X X X 8:00 United Action for Youth X X X X 8:30 Mayor's Youth Employment X X X X 9:00 HACAP X X X X Thurs. 12/14 7:00 Frae Medical Clinic X X X X 7:30 Independent Living X X X 8:00 Rape Victim Advocacy X X 8:30 Neighborhood Centera X X X 9:00 ICARE X ' X Mort. 12/18 7:00 Crisis Center X X X X 7:30 Domestic Violence Interv. X X X X 8:00 Emergency Housing Project X X X X 8:30 Handicare X X X X Thurs. 1/4 7:00 Red Cross X X X X 7:30 MECCA X X X X 8:00 Elderly Services Agency X X X X 8:30 Am of Johnson County X X X 9:00 Wrap-up Gov't. Requests Thurs 1/11 7:00 SchoOl Children's Aid X 7:30 Hillcrest X 8:00 Gr. I.C. Housing Fellowship X 8:30 Goodwill X Thurs 1/18 7'00 Dental Services for Children X 7'30 Special Care Der.;al Program X 8:00 4C's X 8:30 Urnted Way Wrap-up Thurs. 1/25 Alternative date in case of inclement weather Thurs. 7:00 Planners' meeting 2/1 Thurs. 7'00 2/8 AIIocators' meeting °Funded through the Johnson County Department of Public Health. City of Iowa City MEMORANDUM Date: October 12, 1995 TO: City Council From: Jim Schoenfelder, City Architect/Energy Coordinator Re: Annual Energy Use Report - Year End FY95 The Iowa City Energy Conservation Program continues to accumulate savings. Since 1980 the City has saved an estimated three million eight hundred thirty-four thousand six hundred fifty dollars ($3,834,650) in energy costs. This fiscal year alone the City has saved approximately four hundred sixty-four thousand five hundred seventy-three dollars ($464,573). Contributing, in no small measure, to this savings is a dedicated City staff which maintains and operates City buildings efficiently. Overall, the average energy efficiency in City buildings over the past five years has increased 39% since 1980. In order that you may more fully understand the energy conservation program, attached is my "FY95 Energy Use" report to staff regarding Iowa City energy use. Two graphs have been plotted which show the trend toward greater energy efficiency in the City. The first graph, "IOWA CITY ENERGY USE PROFILE," depicts the total amount of natural gas and electricity used by the City for each fiscal year as measured in millions of BTU'S per degree day (DD), standard year. The top line, consisting of connected diamonds, represents what the energy use would have been in each fiscal year had there been no energy conservation programs and had each year had exactly 7563 degree days or a standard year. This line is generated by assuming that starting in FY78 the City's energy use gr~)wth would have kept pace with the average growth rate of energy consumption by the entire metropolitan area as calculated from utility company data for the five years prior to 1985 (3.7% per year). The sudden jump in usage for FY90 is caused by the construction of the large wastewater treatment facility which came on-line in FY90. The lower line represented by connected rectangles shows the actual energy consumed each year by the City as adjusted to correspond to the standard year of 7563 degree days. Since each line represents energy use for a standard year (same temperatures), the energy savings may be calculated each year by subtracting the lower line from the upper line. For example, in FY82 the energy saved would be 10 million BTU/DD minus 9 million BTU/DD or I million BTU/DD saved. The second graph (also shown in tabular form) shows the trend toward greater energy efficiency in the average Building Energy Index (BEI). The smaller the BEI, the more efficient the building. The BEI is the measure of energy used in a building (BTU) divided by the heated and cooled floor area (square feet) of the building and further divided by the number of degree days (DD) in the fiscal year. Dividing by the area of the building removes the size as a variable and dividing by the degree days removes outside temperature differences as a variable. A descending line shows a trend toward greater energy efficiency. The short-term increase (loss of efficiency) indicated in FY85 corresponds to a period when there was no Energy Coordinator employed by the City and a probable lapse in conservation effort. As pointed out in my memo of 9-11-86, this momentary lapse in conservation effort cost the City an estimated $76,875.00 in extra energy consumption. The award-winning Energy Conservation Program is self-funded out of energy savings, requiring no new allocation of tax dollars. In fact, even as the program spends money for new Energy Conservation Measures, energy budgets are reduced. Total energy savings have surpassed total expenditures from the fund. enrgyus8 nlmo I OI.]A C I TY ENERBY USE F'ROF 71LE ,:: C i TYEUSE ) · 'i" ~. L ................................................................................................................................... "'" i ]''" ....................................................................................:: ............................................. ~,.~H ........................................................................................................: ......::::~:¢, .... 17~- ...........................................................................................:a!F.'-""~'~ ........................ 1 ._5!- ..................................................................................y...:TT.. ...............:~: .................... .-..!._ ....................................................................=~.' iF.,,,i.-~''''''''I1''t ..................................... .......:::::::::::::::::::::::: ........... 9 i' ....~: .......:8"'-=t= ~: .............::. __: .......................................................... ' """ ':"q 98 q. I q"" ' ":' ""'.i.-~ 81 ,a.':..:.~ b.'.4 "'"=' ""' o'f,. . , ,.,..., ,:,.., t"..,b ,:, ~ c,o ...,...-~ ~-', ~4' .-._~ F"t" ACTUAL ENERG'f USE · l F NO CONSERVA T I ON TL3]';:~L AUER,fiGE BEI ,::TOTLCHF,:T> 16 14 !2 10 ~ E:EI AVERAGE ANNUAL BUILDING ENERGY INDEX for various C4ty of Iowa City buildings Pr'80 FY81 FY82 11,05 16,76 7,99 60.98 37.11 19.14 21.65 19.97 18.42 29.60 25.30 23.30 47,41 37.59 36,78 33.49 28.97 30.20 13,71 12.34 1Q,34 11.01 8.34 8.54 27.68 23 62 2370 27.38 23.32 19.82 B.E.I.' FY83 Pf84 FY85 FY86 FY87 F'Y88 FY89 FY90 FY91 FY92 Pf93 FYH p/~fi 24.59 22.94 28.51 25.90 25.30 32.67 22.89 24.09 28.48 28.24 28.21 27.58 31.89 11.32 9.21 13.50 10.19 10.95 11.26 10.89 11.35 10.69 11.28 12,46 12,35 14.89 12.82 13,68 8,28 5.51 6,08 6,49 5,89 9.37 5.61 6.09 7.16 8.00 6.70 5.86 6.63 8.24 8.48 6.78 7.53 ° 7.09 9.15 7.22 7.79 8.08 8.44 8.15 31,02 22.30 33,19 27,43 25.72 25.23 22.32 28.53 21.07 19.55 24.46 22.03 27.20 15.82 19.46 19.33 18.66 18.84 21.00 17.61 22.12 24.42 22.40 20.18 20.73 21.25 19.07 18.43 20.75 21.29 18.12 18.97 16,02 17.09 17.23 20.48 20,00 14.24 14,92 21.00 21,05 22.49 20,81 21,80 21.02 18,90 20,38 18.60 20.04 26.44 18,51 19.33 32.37 35.08 34,50 38,59 30.40 33.32 31,49 23.10 17.66 19.21 20.00 18,38 2637 23,56 21,12 37.41 28,95 21,46 20.24 18.64 20.12 19.76 21.63 26.10 22.51 23.90 '9.48 9,87 11,16 11,58 9.99 11,04 7,91 8.13 ?.45 8.36 8.92 8,71 8,16 6.83 7.02 8.O1 6,67 5.23 6.?9 8.66 7.57 5.64 7.21 6.48 6.09 4.25 17.80 23.17 19.59 20.93 14.80 21,53 14.94 14,88 18.28 18.74 18,17 22,69 23,35 17.81 17.69 20.38 18.84 16.57 18.24 15.63 16.65 15.55 16.23 17.43 16.17 17.74 City of iowa City MEMORANDUM Date: October 13, 1995 To: Steve Atkins ' Dale Helling Chuck Schmadeke Rick Fosse Temj Trueblood Jim Wonick Bette Meisel Andy Rocca Bob Howell Ed Moreno Susan Craig R.J. Winkelhake Lisa Goodman Ron O'Neil From: J. Schoenfelder, City Architect/Energy Coordinator Re: Annual Energy Report to Staff On average and in total for the thirteen buildings on which I keep Building Efficiency Index (BEI) numbers the City has lost about 9.7% in energy efficiency over the last year. The following table shows which buildings have lost or gained in energy efficiency. If any of your buildings has lost more than 10% in efficiency please contact me and we will try to discover what the problem is. Lost Efficiency Bldg. % Lost Airport Terminal ............... 15.6% Library ...................... 20.5% Senior Center ................. 23.5% Civic Center ................... 2.5% Westside Fire Station ............4.8% Southside Fire Station ...........4.4% Animal Shelter ................ 45.6% Rec Center ................... 6.2% City Park Restroom ............. 2.9% Gained Efficiency Bldg. % Gained Old Bus Barn ................ 16.3% Cemetery Office ...............3.4% City Park Maint. Bldg ............6.3% City Park Concession ..........30.2% energy~annenrgy.rpt City of Iowa City MEMORANDUM Date: October 17, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council; Council Candidates ~ From: Linda Newman Woito, City Attorney Re: Distinction Between Formal "Public Hearings" and "Public Comment" or "Public Discussion" on an Agenda Item There is sometimes confusion concerning the differences between a formal "public hearing" and "public discussion" on agenda items. The following explanation should help. Formal Public Hearings Formal "public hearings," which must first be preceded by a "public notice" published in a newspaper, is a legal requirement for only limited city actions: 3. 4. 5. 6. 8. 9. 10. 11. Amending or adopting a city zoning ordinance, including conditional zoning agree- ments, § §414.4, .5, Code of Iowa (1995). Amending or adopting a comprehensive plan, §414.4, Code of Iowa. Annexation, Title 14, Chapter 6, Zoning, Article U, City Code. Setting city utility rates and fees, Title 14, Chapter 3, Article A, City Code. Urban renewal areas and projects, Chapter 403, Code of Iowa. Public improvement projects over $25,000, hearing required on formal engineering specifications and contract, § §384.95-. 102, Code of Iowa. Hearing not required for Resolution awarding contract (though public comment allowed). Disposal of public property, §364.7, Code of Iowa. Vacation of public ways, §364.12, Code of Iowa. Special assessments, §384.50, Code of Iowa. City budget, § § 384.16, . 18, Code of Iowa. City Assessor's budget, § §441.16, Code of Iowa. 2 Remember: NOT all ordinances require formal public hearings - one example being an amendment to the nuisance law or use of public ways by skateboards. Public Participation at Formal Tuesday Night Meetings with Previously Posted Agenda In contrast to formal requirements for a formal public hearing, the City Council has wider latitude in eliciting or receiving public comment or "public discussion" at a formal public Tuesday night meeting, However, one thing is certain: prior notice of the meeting must be posted and given to the public at least 24 hours in advance, unless an emergency occurs, The public notice of the meeting must include: "...the time, date and place of each meeting, and its tentative agenda, in a manner reasonably calculated to apprise the public of that information." §21,4(1), Code of Iowa. While the public must have access to open City Council meetings, the City Council may make, and enforce, reasonable rules for the conduct of its meetings, §21.7, Code of Iowa. The Council may also, as it has done in the past, establish an order for agenda items, including "public discussion for items not otherwise on the agenda." This listing of "public discussion" at the beginning of the agenda in no way precludes the Council from listening to "public discussion" or "public comment" on any listed agenda item at the time or prior to the Council taking action. Nor does this listing require Council to accept "public discussion" on agenda items, unless agreed to by a majority of Council present. IN OTHER WORDS, THE AGENDA DOES NOT HAVE TO LIST "PUBLIC DISCUSSION" FOR EACH AND EVERY ITEIVI IN THE AGENDA BEFORE THE PUBLIC IS PERMITTED TO COMMENT. Please call if you have questions, 356-5030. CC: Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Department/Division Heads City Attorney Opinion File City of iowa City MEMORANDUM Date: May 4, 1992 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Quorum Attendance The Mayor has requested the City Attorney and I review the question of Councilmembers attending functions outside of regularly scheduled meetings and report back to you. This que~stion is not easily answered. We feel the intent of the law is to protect Council and the public from being placed in situations that could result in action being taken without public notice. In other words, a quorum could commit, or give the appearance of deciding or committing to a vote prior to an open meeting. Linda and I offer the following explanations to assist you in making decisions to attend certain functions: Purely social functions are exempt, i.e. Crisis Center Breakfast and Chamber Business P.M.'s, etc. A quorum of Council should not be present at meetings where an imminent decision will be made by Council. There is a difference between attending neighborhood meetings to aiscuss options, versus attending a neighborhood meeting to discuss a capital project already in the budget and coming to Council for formal action via the "bid letting" process. In a situation where a quorum of Council did wish to attend where a vote is to be taken on a project in the not-to-distant future, the members should refrain from entering into the conversation so as to avoid the appearance of a decision already being made pdor to the formal vote. Probably the best rule of thumb is to avoid situations where a quorum of Coundl could be involved in an issue to be decided at a later formal meeting by a formal vote. cc: City Manager City Attomey bcl-4 City of iowa City MEMORANDUM Date: To: From: Re: February 24, 1995 The Nonorable Mayor Susan M. Horowitz and Members of the City Council Linda Newman Woito, City Attorney .... Information on Open Meetings Law; Wall Street ;Journal and Cedar-Rapids Community School District Case Copy of Decree and Stipulation of Settlement; Violation of Open Meetings Law by Cedar Rapids Community School District Board of Directors FYI, attached please find copies of the "stipulation of settlement" signed by the Defendants in a criminal case, whereby Linn County Attorney prosecuted the members of the Cedar Rapids Community School District for violation of open meetings law, Chapter 21, Code of Iowa (1993). The stipulation of settlement is self explanatory, calls for individual fines of $200 for each defendant, but waives attorney fees -- which could have been collected by Linn County. Also attached is a "decree" which simply is the Court's formal approval of the settlement, directing that the settlement be carried out under court order, see attached. As indicated to you in a prior memo, the City Council, together with City staff, boards and commissions, are well versed in not only complying with the Iowa open meetings law, but also in asking questions, if in doubt. So I present this information to you FYI, and as good "preventive lawyering." Wall Street Journal article concerning possible violations of State open meetings law, via E- Mall. Councilmember Bruno Pigott brought the attached article to my attention last week. In light of the article, I thought it would be helpful to review Iowa law governing electronic and telephonic discussions. As you know, the open meetings law is triggered when there is a deliberative gathering of a quorum of the Council -- which in this case would be four members: "'Meeting' means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy- making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter." §~;'1,2{2), Code of Iowa {1993). -2- In other words, Iowa law does not prevent two (2) councilmembers from contemporaneous discussions, in contrast to Florida which apparently does (see attached article). Moreover, research completed by Legal Assistant Mary McChristy reveals that "one-on-one" conversations between counciimembers, whether electronic or personal, do not violate the open meetings law, see Gavin v. City of Cascade, 500 N.W.2d 729 {Iowa 1993), attached. Rather, Iowa's open meetings law provides that only where a maJorlW or quorum of council members participate in a conversation, which conversation occurs contemporaneously or "at any one time," and which conversations occur as part of a deliberative process upon policy- making duties, do such conversations qualify as a "meeting" under Iowa's open meetings law, see Gavin at 723. For example, a four-way tale-conference call, wherein councilmembers discuss topics presented for council vote, would not .be appropriate. under Iowa's "sunshine" laws. In sum, so long as no more than three council members meet "at any one time," whether electronically or personally, there is no violation of Iowa law. 1 thought this might be helpful to you, but please do not hesitate to contact me if you have any questions. LNW/mm Attachment cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk City Attorney Office Staff Inw/~ournal.mrno IN THE !OWA DISTR,.., COURT, IN AND FOR LINN COUNTY DENVI~R d. DILLARD, LINN COUNTY ATTORNEY, VS, Plaintiff, RONALD E. OLSON, SUSAN W. MCDERMOTT, MARY ANN KUCERA, DOUGLAS J, HENDERSON, BURTON J. LOUPEE, WAYNE F. HOWES, and DENNIS J. KRAL, CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT DIRECTORS, Defendants. NO'. EQ 18755 STIPULA T/ON OF SETTLEMENT IT IS HER~=BY STIPULATED ,AND ,AGREED BY,AND BETWEEN THE PARTIES 7'0 TN~= ,4BOVE CAPTIONED ,4CTIOf~' ,48 FOLLOWS: 1. This stipulation is entered into in complete settlement of the above captioned action. The stlpumtlon shad be presented to the Court for its approval and adoption and shall be effective upon such approval, adoption and incorporation into an Order of the Court, 2. The parties stipulate and agree that each named defendant violated the Iowa Open Meetings Law, specifically §§21.4(1), 21.4(2), 21.5(1) and 21.5(2), Iowa Code, as set forth in paragraphs 6a through e of the Petition in the above capricried acticn while participating in a meeting of the Cedar Rapids Community School District Board of Directors of March 2.6, 1994, which meeting was conducted in closed session, .. 2 3. The parties stipulate and agree that pursuant to §21.6(3)(a), Iowa Code, each defendant shall be assessed damages in the amount of 8200.00 for the aforementioned violation of the Iowa Open Meetings Law, Chapter 21, Iowa Code. 4. The parties stipulate and agree that pursuant to §21.6(3)(b), Iowa Code, the costs of this action shall be assessed against the defendants and Plaintiff shall not request that attorney fees be awarded pursuant to said section. 5. The parties stipulate and agree that pursuant to §21.6(3)(e) the Court shall issue an injunction, enforceable by civil contempt, ordering that each defendant refrain from any future violations of Chapter 21, Iowa Code, for a period of one year from the date this stipulation is approved and adopted by the Court. 6. The parties stipulate and agree that each defendant shall no later than t~vo months from approval and adoption by the Court of this stipulation and agreement participate in a formal instructional program covering the requirements of the Iowa Open Meetings Law, Chapter 21, Iowa Code, as said law relates to the functioning of the Cedar Rapids Community School District Board of Directors, which instructional program shall include both oral instruction and written materials and be conduc;ed by ;egai cc~c. sa[ represent",n~ the Cedar Rapids Commun[~i School District. STIPULATED AND AGREED by the parties on the dates below entered. FOR: DENVER D. DILLARD LINN COUNTY ATTORNEY PLAINTIFF G/~,RY P/JARVIS u 1008283 ASSISTANT COUNTY ATTORNEY Linn County Cour~ House Cedar Rapids, Iowa 52401 ATTORNEY FOR PLAINTIFF DATE: ~/* .J' FOR: RONALD E. OLSON, SUSAN W. NIC DERB/IOTT, MARY ANN KUCERA, DOUGLAS J. HENDERSON, BURTON J. LOUPEE, WAYNE F. HOWES, and DENNIS J. KRAL, CEDAR RAPIDS COMMUNITY SCHOOL DIRECTORS MARK MCCORMICK BELIN HARRIS LAMSON MCCORMICK 2000 Financial Center Des Moines, IA 50309 ATTORNEY FOR DEFENDANTS IN DENVER D, DILLARD, LINN COUNTY ATTORNEY, THE IOWA DISTRICT COURT, IN AND FoR " : VS. Plaintiff, RONALD E. OLSON, SUSAN W. MCDERMOTT, MARY ANN KUCERA, DOUGLAS J. HENDERSON, BURTON J. LOUPEE, WAYNE F. HOWES, and DENNIS J. KRAL, CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT DIRECTORS, Defendants. NO. EQ 18755 DECREE AND NOW, on this J~TJ~ day of~4~.~', 1995, this matter comes before the Court upon presen,adon of th~ w- r~tten Stipulation of Settlement of the parties. The Court havincj reviewed the file. heard the s*,atern. e~,s of counsel and being fully advised in me premises fines: I. 3:hat the Court has jurisdiction of the parties and the subject matter herein. 2. That the parties herein have entered into a written Stipulation of Settlement, which stipulation is requested by the parties to be approved and adopted by the Court in its Decree. 3. That said Stipulation of Settlement, attached hereto, is hereby approved, adopted and incorporated into this Decree as if fully set out in herein. 4. That said Stipulation of Settlement provides that each named defendant violated the Iowa Open Meetings Law, specifically § §21.4(1), 2.1.4(2), 2 21.511 ) and 21.5(2), Iowa Code, as set forth in paragraphs 6a through e of the Petition while participating in a meeting of the Cedar Rapids Community School District Board of Directors of March 26, 1994, which meeting was conducted in closed session, and the Court so finds. IT IS NEREBY ORDERED, ADJUDGED AND DECREED that defendants, Ronald E. Olson, Susan W. McDermott, Mary Ann Kucera, Douglas J. Henderson, Burton J. Loupee, Wayne F. Howes and Dennis J. Kral be and they are hereby enjoined and restrained for a period of one year from the date of this Decree from any violation of the Iowa Open Meetings Law, Chapter 21, Iowa Code, during and related to their service on the Board of Directors of the Cedar Rapids Community School District. Violation of such injunction shall be punishable through contempt proceedings. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each named defendant shall pay damages in the amount of $200.00 for the aforementioned violation of the Iowa Open Meetings Law, Chapter 21, Iowa Code, and that pursuant to §21.6(3)(a), Iowa Coda, the Clerk of Court shall pay over such damages ~o [he ~"~' Rap~c;s Ccm,mun[.-y ~-- Distr~=t. IT IS FURTHER ORDERED, ADJUDGED .zilVD DECREED that costs of this action shall be assessed pro rata to the defendants. Dated this J?~# day of ~'~/t~.- ,1995. :JUDGE, 6TH JUDICIAL DISTRICT OF IOWA APPROVED AS TO FORM: G/~RY P; JARVIS ATTORNEY FOR PLAINTIFF MARK MCCORMICK ATTORNEY FOR DEFENDANTS cc: Mark McCormick, 2000 Financial Center, Des Moines, IA 50309 Gary P. Jarvis, Assistant County Attorney '{~t'6 g~t real ~e~- ~s {s a ve~ ~ud~e ~1~'9 unde~ding of ~e -~mmon practice." ~ys ~on POp Rhy~m & 8toss} 3.2 Coun~ ~ ~ & Rot{ ~ ~Uva ~ Older Bayers Year in Music led to buy new BxecuUves at R[AA, whose members qn~ p~uc~ ~ ~e U.S., ~ ~ t~t ~ ~o~p~ of m~lc, stome~ ~ ~ng. '~ ~ e act~Uy ~der ~ ~y p~p~ e~o~ly ~." ~d Jay ~, ople aged ~ th 3~ ~ b~ m~c in ~ and f~m the [r~] ~. nceptinn ~t eve~ b~er LS ve~ ~g s~mply ~." Mr. ~ no~ ~at d~ng ~re attra~ to r~ stor~ by at tn~ ~e ~d~ ~ "~t ~p" ~d a ~t M~ ~b~ ~ sin~r G~ ~. Many ,~ht ~e ~und~ ~ ~e "T~ Hon rig" - t994'a No. i ~bum - d~ing ~na n~ for ~t-~ng. perna~ me m~t en~ag st~ ~r~ ~m~nles w~ ~t ~oR~ ew even toough ~ pd~ ~n~ ~m~fly flat. ~le ~r ~ ~e ¢ra{l unit ship~n~ - which ~. ~et~, m~in ~d~, eln~ ~d :yl ~ - jum~ 17.5% ~ 1.1 b~. tt ap~ ~t ~umer d~ shed ~e ~vesue ~e. {~ j~pl~ ~.~ ~.l m~inn - gg~ ln~ sin~ ~ f~ ix playe~ ~w ~ ~ ~.5 ~il~ ~, q.m billion in fac~ ~m, ~g~ .~e ~oup ~ma~ ~t ~ ~ayem Piece ~ ~ P~e ~, Co~ E-Mail Among Officials May Be Against the Law By Loum,, Lss ~v~eut O~da~¢ p~ ~c m~ ~ a ~y ~ ~ ~t~n~. But It may ~o~e ~me s~' ~e~ la~. ~ G~d, T~, a ~ol~on o~ ~ ~ w~ a a~ mun~l me~r ~t ~ ~ m~ ~ ~ti~' ~me ~m ~ a pm~ In~l~g a ~ ~ PMo ~, ~ff., ~ ~i~ a st~ ~ng ~ ~e~ cl~ ~ey M~r ~ey ~ a I~d-~ ~] ~d wecw~ not ~o~" a~ut a~g ~m~g ~olaHo~, ~ys ~ m~ Hz ~s. ~vemm~t ~ ~y ~ ~ Ism k ~g ~ ~e ~ em~ ~ m~ ~. ~ ~e ~e ~ ~e f~ ~t public ofR~ g~n~ ~'t ~ve ~eff ~. ~ke ~ ~d let- ~on ~per, ~ in ~y sm~ It ~ m~der~ ~ of the public ~ A f~e~ Ju~e ~H~ ~ w~ ~ ~ ~e Na~ ~ ~ m~t ~ ~ m~e pub~ a~!lahle ~mall m~ ~t ~u't ~n~m ~ mat- ~ The N~ ~ ~ it w~n't ~ ~ subject ~ ~e ~om ~ ~oma- ~n Act, whi~ ~8 ~e ~ve~eut m ~ ~Hon ~n ~u~ ~1~ the ~o~Hon ~ ~ ~empL · ~t ~u~ Mve ~t ~ht ~ e~ in ~t of p~llc ~." sad Wi~ ~, ~r of ~e B~er ~nter f~ ~ M ~n ~ ~e U~ve~i~ of ~o~ "~th e-~, It'S ~R~ ~1~ for offielalg ~ ~in~n~ ~ ~t ~ ~ deba~ p~flc ~ ~ pri~." O~Hng la~. ~ ~ "s~- sh~ ~ws." v~ l~ s~ ~ 9~, but gene~ly ~ el~t~ office- writer mem~ ~ ~ty ~ or ~1 ~tl~ in p~Hc ~D. ~ ~y s~. ~e n~ber of ~fi~a*a m~t- ~ in ~m m~t ~u~ a ~ · .o~ ~ ~ s~e ~, but ~ o~er pl~. sv~ ~ ~, ~en ~ o~ mM~ pH~taly ~ a ~ mater ~amt~ a viol~. ~f~d~ of ~mall ~y ~ isn't dlffe~nt from older fo~ of ~mmu- up ~e ~ue ~ meet for I~ if ~y'~ dcte~ m d~ matem pflva~. closed doors," says Gerald Ce. ien~e, editor 0f the Trerals Journal in Rl~ebeck, N.Y. Tbo~c who meet in private are "going to say what they're going to say and exclude who they want to exclude." But others say e-matt l~Ses a 8rester threat to o~n-meettags lav~ Lhan tele- phone calls or one-on~One convm'satlons. Many local gavenunent officials say they they call them prscLsely bec~nse they can se~d highly detailed mes~es at any time of day. Particularly appealing, they say, is the ability to ~ a message to multiple deskarises ~t the much of a button. Suoh convedieuca ha~ its perils. Mlcid ,~nelder, a city council member in Pato Alto, writes about "aLmost ~,tyththg," over e-mail, including "figuring out where col. leagees stand on something." But she says she takes slieciai care not to send copies of messages to more ~han three colleagues at once, because to do so would constitute a meeting o~ a majority of the nine council. members. "The mote technologicaUy advanced you are, the more opportunities for the open.meetings law to be violated." Ms. Schneider says. S~ttiag vinintloes can be tricky. Send- ing an e-mail message on a policy matter to a private citizen Is permissible. but it's a violation if the citizen fonva.rds the mes- sage to ot~er council members. It could also be a riotetlon if one otiic.}~l e- nlalls all his colleagues individually, and each re- plies, says Robert M. IFO*ets, former city atiornsy of Santa Monica, CalLf. Another pitfall: ema~ing e-mail. While many states have determined that e-mall is part of the public record and thus sboukl be saved and archived, public bodies haven't figured out how to comply. Palo Alto is considering creating a public mail- box wirers copies of all e-mail messages wou~e be sent for pubtic scrutiny. says Ariel Caionne, city attorney. In Pinrttla, "rntaining e-mail still con- founds many of Florida's public bodies," says Pat Gleason, g~neral coun~.l for U~e state attorney ganerars office. Many con{. puter systems "Just aren't designed Io keep e-mail efficiently." she says. It's little wonder that some lawn{akers are staying away from e-mall altogether, While stair members in HilLsborough County, Fla., offices use e-mail, elected officials don't use the ~echnology, says Jane Fagan, aeslstent county attorney. The reason: to avoid even the appearance of Impropriety. :ion. which in effect denied plaintiffs' claim that ~iabdity should attach to the defendant as a matter of law on the bad faith claim. We affmn on this issue. In addition, the trial court sustained the defendant's motion for summary judgment on damage to the property. We also affwm on this issue. This matter is remanded to the trial court insofar as the issue of bad faith is conecreed. Neither party is precluded from utilizing those motions or other plead- rags that may be proper to bring that issue before the court. We, of course, do not retain jurisdiction. AFFIRMED AND REMANDED. GAVIN v. CITY OF CASCADE Iowa ?29 The trial court overruled plaintiffs' me- vizir with two councd members to view Clay GAVIN, Appellant~ The CITY OF CASCADE, Iowa; A. Fran. cis Manternach; Kenneth McDermott; Pat Lyons and Gloria Relter, Appellees. No. 91~1925. Court of Appeals of Iowa. March 30, 1993. rock which city superintendent sought to purchase. Affirmed. 1. Action ¢:=25(2) Actions to enforce open meetings law are ordinary actions at law. I.C.A. ~ 21.1 et seq. 2. Appeal and Error ~'1010.1(8.1) District Court's findings in action to enforce Open meetings law are binding ff they are supported by substantial evidence. LC.A. § 21.1 et seq. 3. Appeal and Error ¢=863 In reviewing nilinK on motion for sum. mary judgment, court's task on appeal is to determine only whether genuine {Sane of material fact exists and whether the law was correctly ~pp{ied 4. Juds~ment In ru{ing on motion for sur~mary judg. meut, district cour~ must examine entire record before it in light most favorable to opposing party, including pleadlugs, admis. sions, depositions, answers to interrogato. ties and affidavits, if any, to determine for itself whether uny genuine issue of materi. a{ fact is generated thereby. 5. Judgment ~'I§I(15. I) Genuine issue of mater/al fact, as to whether "meeting" took place when mayor Contacted two city Council members by tele- phone seeking their approval of additional expenses for sewer excavations, precluded summary judgment on city council mem- ber's suit alleging violation of open meet. ings law in COnnection therewith. LC.A. § 21.2, subd. 2. 6. Administrative Law and Procedure ~124 Enforcement section of open meetings law changes burdes of going forward with evidence, rather than shifting burden of proof ~rom plaintiffs to defeudanta, and plaintiff must show substantive proof of secret meet~,ng, rather than mere specu~. City council member brought suit against city, mayor, and other eauneLl mem- bers, claiming violations of open meetings law in connection with two transactions. The District Court, Dubuque County, L.D. Carstensen, J., dismissed Council member's motion for summary judgment. Counsel member appealed. The Court of Appeals, Hayden, J., held that: (1) genuine issue of material fact, as to whether "meeting" took place when mayor contacted two coun- cil members by telephone seeking their ap- proval of addltinnoJ expenses for sewer ex- cavation, precluded summary Judgment re- garding f'u'st transaction, and (2) no "meet- ing" occurred in coanection with that or other transaction, which involved mayor's 730 iowa 300 NORTH WESTERN ~.~on. m order to shift the burden of going forward. I.C.A. § 21.6. subd. 2. 7. Administrative Law and Procedure ~=124 Enforcement section of open meetings law does not apply unless a "meeting" as defined by separate section has taken place. I.C.A. §§ 21.2, saM. 2, 21.6, subd. 2. 8. Administrative Law and Procedure ~:~124 Open meetings law applies only to gathering of majority of members of gov- I~rsmental body; activities of governmental body's individual members to secure isfor- mation to be reported and acted upon at open meeting ordinarily do not violate open meetings law. LC.A. § 21.1 et seq. 9. Municipal Corporations ~92 N~ "meeting" took place within mean- ing of open meetings law when mayor con- tactod two city council members by tele~ phone seeking their approval of additional expenses for sewer excavations. I.C.A. § 21.2, subd. 2. See publication Words and Phra~'s for other Judicial constructions a~d definitions. 10. Administrative Law and Procedure ¢=,124 Issue of intent is relevant to determi- nation of whether "meeting" has occurred within meaning of open meetings law. I.C.A. §§ 21.1 et seq., 21.2, subd. 11. Municipal Corporations ~92 For purposes of city council member's suit against city, mayor, and other council members alleging violations of open meet- ings law, no "meeting" took place when mayor and two council members viewed rock which city superintendent sought to purchase for use as street base, as even assuming that gathering of mayor, a non- voting member of city council, and two of the five other council members cormtituted a "majority" of council, there was no dencs that any dsl~eration or action took place at the gathering;, mayor and council member testified that they did not disease proposed purchase of rock at that time, but later individually expressed their opinions REPORTER, 2d SERIES to the superintendent. seq., 21.2. subd. 2. {.C..~ §§ '2;.! et C~I. May, III of Reynolds & Kenline L.aw Office, Dubuque, for appellant. Mare Casey of Moss, Helms & Casey, Dyei-sville, and William C. Fuersta of Fuerste, Carew, Coyle, Juergens & $udmei- er, P.C., Dubuque, for appellees. Considered by OXBERGER, C.J., and HAYDEN and HABHAB, JJ. HAYDEN, Judge. The City of Cascade, Iowa, has a mayor. council form of government. The mayor is a non-voting member of the city council. At all times material, the mayor of Cascade was A. Francis Manternaeh. The city council members were Clay Gavin, Kenneth McDermott, Patrick Lyons, Gloria Reitor and Richard Noonan. Gavin brought the present suit eluiming Manternaeh, McDermott, Lyons and Reitar violated the open meetings law of Iowa Code chapter 21. The first transaction in question occurred on August 14, 1989. The city had entered into a contract with Dan Conrad to exteud sewer service to a subdivision. Conrad hired Charles Koppes to do the excavating. While excavating, Koppes unexpectedly hit very hard rock. Koppes contacted Manter- naeh and told him there would be additional costs to dig through the rock. Mantornach and council member McDer- mott met at the site. McDermott ex- pressed his opinion it was appropriate to continue excavating and the city would in- cur the additional expenses if other council members also thought it appropriate. Mantornach then contacted Lyons at his place of business and he contacted Reitor by telephone. Based on these conversa- tions, Manternach told Koppes to proceed with removal of the rock and to bill the city. The city council discussed the payment of the bill at a meeting on December 11, 1989. The council voted to approve the bill at a 'egula," meer.~ng held on ~.')~9. The second transaeUon occurred in Se~. ~ember 1989. The city superintendent, Joe Merfeld, had authority to make pttrchases which did not exceed $~0. In September 1989. Merfeld had an opportunity to put* chase for $240 some rock to use as street base. Merfeld contacted Mantornach for his opinion. Munternach, McDermott ~nd Lyons went together to view the rock. Manteruach also telephoned Reitor for her opinion. Manteraaeh subsequently told Metreid to go ahead with the transaction. Metreid later presented the bill to the city council. It was approved at, a regular meeting held on October 24, 1989. On April 5, 1990, Gavin filed this petition as an individual alleging defendants had violated the open meetings law by the transactions of August 14, 1989, and Sep- Letobet 1989. He filed a motion for sum- mary judgment which the district court de- nied. The district court held a genuine issue of fact existed as to whether the two u'snsactions cooet/tuted a "meeting" under chapter 21. A trial on the merits was held. On Sep- tember 26, 1991, the district court Filed its findings of fact and conclusions of law. The court concluded no meeting was held as defined by section 21.2(2) on either Au- gust 14, 1989, or September 1989. There- fore, the provisions of chapter 21 were not violated by the mayor and the council mere- here. The distrint court dismissed Gavin's petition. Gavin filed a rule 179(b) motion. On November 18, 1991, the district court en- larged its findings and conclusions to Find the City of Cascade had not violated chap- ~er 21 of the Iowa Code. Gavin has filed this appeal. [1,2] I. Actions to enforce chapter 21 arc ordinary ~ctions at law. See Telegraph Heral& l~c. ~. Ci~ of Z~.~.e, 297 N.W.2d 529, 583 (Iow~ 19~0). The district court's findings are binding if supported by substantial evidence. [~. II. Gavin contends t~e distr/et, court should not have dismissed his motion for GAVIN v. CITY OF CASCADE December 26, lo~,a 731 summary judgment. He sCares he had shown, by depositions and affidavits, three of the five council members had given their permission to Manternach m tell Koppes to proceed with the excavating and this con- duct constituted a "meeting" under section 21.2(2). He points out the city council members did not follow any of the formal requirements for a meeting found in chap- ter 21. [3, 4] In reviewing a ruling on a motion for summary judgment, our task on appeal is to determine only whether a genuine issue of material fact exists and whether the law was correctly applied. Adam p. Mt. Pleasant Bank & Trust Co., 855 N.W.PA 868, 872 (Iowa 1984). The district court must examine, in the light most fa- roruble to the party' opposing the motion, the entire record before it, including the pleadings, admissions, depositions, answers to interrogatorice and affidavits, ff any, to determine for itself whether any genuine issue of material fact is generated thereby. ld. (5] We affu-m the district court's deci- sion to dismiss Gavin's motion for sum- mary judgment. We agree with the dis- trict court's determination there was a gen- trine issue of material fact concerning whether a meeting had taken place on Au- gust 14. 1989. IlL Gavin also contends the district court erred in finding no meeting occurred on August 14, 1989. He claims the distr/ct court's conclusion is not supported by sub- stantinl evidence and he is entitled to a judgment in his favor as a matter of law. Gavin claims the court failed to implement section 21.6(2). Section 21.6(2) provides: Once a party seeking judicial enforce- ment of this chapter demonstrates to the court that the body in question is subject to the requirements of this chapter and has held a closed session, the burden of going forward shah be on the body and its members to demonstrate compliance with the requirements of this chapter. [6] This section changes the burden of going forward with the evidence rather than shifting the burden of proof from 7.32 ~,,,v:, see NORTH WESTERN plam~,ffs to defendants. KCOB/KLVN. Inc. t,. Jasper County Bd. of Superuisors, 47:1 N W.2d 171, 177 {Iowa 1991). g plain- tiff must show substantive proof of a se- cret meeting rather than mera speculation in order to shift the burden of going for- ward. ld. [71 We determine section 21.012) does not apply unless a meeting, as defined by section 21.2(2), has taken place. Section 21.2(2) provides: "Meeting" means a gathering in person or by electronic means, formal or infor- mal, of a majori~ of the members of a governmental body where there is delib- eration or action upon any matter within the scope of the governmental body's policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no dis- cussion of policy or no intent to avoid the purposes of the chapter. [8] The statute only applies to a gather- ing of a maiori,:y of the members of a governmental body. FFedergren u. Board of Directors, 307 N.W.2d 12, 18 (Iowa 1989. Activities of a governmental body's individual members to secure information to be reported and acted upon at an open meeting ordinarily do not violate the stat- ute. Telegraph H~rald, Inc. v. City of D~/ru. qu.e, 297 N.W.2d 529, 534 (Iowa 1980). [9] The present situation is somewhat similar to the situation in W~d~r~ Board of Director~. In Wedergr*n, three members of a five-member board contacted each other at various times. FFed*r~r~a, 307 N.W.2d at 18. However, only two met at any one time. ld. The supreme court. concluded the gathering of ~vo members of the five-member board did not constitute a "meeting" under the statute. Under the facts of the present case, Man- ternach contacted city council members McDermott, Lyons and Reitar individually. No two city council members met together at any one time. We conclude Gavin has failed to show a meeting, as defined by section 21.2(2), took place on August 14, REPORTER. 2d SERIES 1989 We affirm the d~str:ct tour: .)n :n~s iV. Finally. Gavin contends the distrmt court erred in finding no meeting occurred in September 1989. Defendants admit on this occasion Manternach, McDermott and Lyons went together to view the rock, which the city superintendent, Metfold, was considering purchasing. Gavin again claims he is entitled to a judgment in his favor as a matter of law. We first question whether a gathering of Manternach, McDermott. and Lyons consti- tuted a majority of the city council. While Mantarnach was technically a member of the city council, he was a non-voting mem- ber. [10, 11] However, even if we assume a majority of the city council did gather, it is necessary to determine if delibera~on or action upon any matter within the scope of the governmental body's policy-making duties took place at this gathering and whether there was an intent to avoid the purposes of chaptar 21. See Herrings v. Dallas County Bd. of Adjustment, 375 N.W.2d 203, 295 (Iowa App. 1085). Thus, the issue of intent is relevant to determine whether a "meeting" has occurred. KCOB/KLVN, 473 N.W.2d at 175. We f'md no evidence any deliberation or action took place when the men met at the rock. Both ~lanternaeh and Lyons testi- fied they did not discuss the proposed pur- chase of the rock at the time, but later individually expressed their opinions to Merfeld. We also find no evidence of any intent to avoid the purposes of chapter 21 in the facts before us. We conclude Gavin has failed to show he is entitled to a judg- ment in his favor as a matter of law. Having considered all of the issues pre- sented in ~his appeal, we affirm the deci- sion of the district court. Costa of this appeal are assessed to Clay Gavin. AFF~D. City of iowa City MEMORANDUM Date: April 7. 1995 To: From: Re: The Honorable Mayor Susan M. Horowitz and Members of the City Council Linda Newman Woito, City Attorney ~ Report on Discussions of Public Meetings and Public Records at Government Practice Section Seminar in Des Moines, Iowa, on Friday, March 31, 1 995 In light of some of the questions which Bruno Pigott raised when he forwarded the Wall Street Journal article to me on Florida's very restrictive open meetings law, namely banning a two- council member conversation as an "illegal public meeting," I discussed a number of potential concerns which I now bring to your attention, as good "preventive lawyering:" While there is no caselaw on this question and no Attorney General's opinions, due largely to the fact that the law and the legislature have not "caught up" with technology and the information superhighway's/Internet mode of communication, I nonetheless am concerned about simultaneous Internet communications between a majority of the City Council- members. That is, if one City Council member were simultaneously to send the same communication to three other Council members, I am concerned that that communication might be deemed a "public meeting" under Iowa law. I am not aware that such practices are occurring, and I do not wish to overdramatize this issue. I simply bring this to your attention, for your information and thoughts. There is a question of whether Internet communications, being received by the City Clerk, are public documents within the meaning of Chapter 22, Code of Iowa (1993). It appears to me that if the communications are intended to be forwarded to the City Council, that those Internet communications are, indeed, public records under Chapter 22, Code. How the City Council wishes, as a practical matter and a logistical matter, to deal with these Internet communications is something you should probably discuss. That is, do you wish these Internet communications placed into the consent calendar/agenda, as you would put other communications? If not, how are persons receiving the Council packet to know that such a "communication has been made to the City Council?" You may wish to discuss'this for 15 minutes at one of your upcoming work sessions, although I do not see any great urgency to these questions. I trus~ this information will be helpful to you, and I wanted to report this information to you for obvious reasons. CO: Marian Karr, City Clerk Stave Arkins, City Manager Dale Helllng, Assistant City Manager City Attorney Office Staff City Attorney Opinion File City of Iowa City MEMORANDUM Date: To: From: Re: October 17, 1995 City Council Candidates Linda Newman Woito, City Attorney Summary of Preliminary Legal Opinion: Research Water Impact/Water Connection Fees Based on my preliminary research last summer, having reviewed court cases, professional manuals and Iowa City's historical approach, I making the following findings: 1. There are no Iowa cases specifically "on-point" concerning whether the City of Iowa City water utility can charge a "water impact" or "water connection" fee designed to recover some of the capital costs attributable to new users and new growth. 2. There are several formalized theories or models to calculate water impact fees or water connection fees, presented by the American Water Works Association (AWWA). The theories most pertinent to my research include: a. "The cash needs approach" - This approach is what Iowa City has been using for many years. The theory behind the "cash needs approach" is that most major capital projects are financed from "...serially funded debt because the repayment of the debt over a number of years distributes the capital cost, to some extent, over the useful life of the facility. This debt-financing approach results in a better matching of the customers' charges from year to year with the use of the facilities (i.e. existing customers will not be paying 100% of the initial cost of facilities to be used by future customers." Manual 1, p. 2, AWWA NOTE: This rate-setting approach, recommended by the City Manager and the Finance Director, has been tentatively rejected by a majority of the current City Council - pending preparation of a water connection fee ordinance/proposal, to be presented by City staff. As seen in the attached "update" memo dated October 1 3, 1995, City staff's preparations are "in the works." b. Capital contributions or "system development charge" - This method is designed for systems experiencing substantial growth, and where the need to increase capacity is becoming an acute problem, see Manual 26, p. 13 of AWWA Manual. The manual discusses paying for "backup utility plant" costs, or "excess capacity costs" not the entire water facility, as Iowa City is now doing. c. Capital costs/capital connection cost - This cost is not actually discussed in the AWWA manuals, but is the connection cost most successful in the courts, see below. 2 3. Whatever "water connection fee" the City chooses to enact, it must meet the U.S. Supreme Court's "rough proportionality" standard in order to pass constitutional muster under the Fifth and Fourteenth Amendments to the U.S. Constitution. This means that, according to Dolan v. City of Tiqqard, 114 S. Ct. 2309 {1994), there must be some "rough proportional- ity" between the fee or charge as a condition to connect tothe water system and/or to obtain a building permit, and the demand or burden being placed on the water system by the new development. This "rough proportionality" test set forth by the U.S. Supreme Court is not required to be a "precise mathematical calculation," but there must be some "calculable connection" between the demanded fee or charge and the need or impact on City services which the development creates or is deemed by some reasonable formula to create, 4. The courts throughout the United States have upheld varying water impact and/or water connection fees -- none of which are alike. a. Virginia - A fee is collected "per drainage fixture unit" taken from the Uniform Plumbing Code, and calculated throughout the U.S. to determine the required size of the plumbing "trap" for the various plumbing fixtures, see attached Table, This Virginia Beach connection fee is triggered by a new connection to the water system, as well as changes to an existing water system connection if the change results in increased drainage fixture units. I spoke with the engineer who successfully defended this "drainage fixture unit" methodology in a court case entitled Tidewater Association v. City of Virginia Beach, 400 S.E. 2d 523 (Va. 1991 ). Our City staff and Consultant Howard R. Green are reviewing a similar methodology - which I hope to present to the City Council soon. b, California - A fee is based on the cost of a new project calculated on the basis of an "equivalent dwelling unit" formula, and is payable at the time a building permit is issued. A fee is also charged for a building permit for altered developed which results in an "increased demand for the water system." c, Maryland - A flat fee for the number of residential units, based on gross floor area for non- residential development, d. North Carolina - A flat fee for connection to the water system: $1,000 for each residential unit, plus a tap-on fee for a 1-inch meter of $1,500; $2,400 for each commercial impact fee for a 1-inch meter. e. Arizona - Uses three factors to calculate water impact fee: estimated construction cost of needed additional water resources and improvements; projected growth; and water usage. Fee is triggered by construction permits, f. Utah - Uses a lengthy factual/legal set of factors, including cost of existing capital facilities, the manner of financing existing facilities such as user fees, bonded indebtedness, etc., and the relative extent to which the newly developed properties and other properties have already contributed to the cost of existing capital facilities. g. Wyoming - A minimum service connection charge, based on size of meter ranging from $1,000 for a %-inch meter to over 928,000 for a 4-inch meter, both triggered by building permits. 3 I recommend using a combination of the Virginia Beach ordinance and the factors noted in the Utah cases. While the majority of these water connection fees are triggered by a building permit, some are triggered by a subdivision plat and/or a connection to the water system. Iowa City now charges for connections, but the fees are only related to the water distribution system -- not the entire capital costs of our water supply treatment and distribution system. 5. Iowa City utility law requires a water connection fee must be "reasonable." This means that if the City elects to impose a water impact/connection fee for new development as one way to pay for "excess capacity" of the new water facilities, that fee must be placed on both existing users, as well as future users of the water system. This rule was set out in a 1991 Iowa Supreme Court case, where the South Panorama Sanitary District attempted to give to current property owners (who already had their own private septic systems) a "break" in the connection fee when they were required to connect to the new sanitary sewer system. The new property owners and new users had to pay a much larger fee to connect to the sanitary sewer system. The Iowa Supreme Court rejected the inequity of a $1500 connection fee for the "newcomers," and $50 for the "old-timers" as totally irrational and thus invalid. I realize this Iowa case deals with sanitary sewer, rather than water, but I nonetheless find the case instructive as follows: If the City imposes a water connection/impact fee, the fee must not be disproportionately assessed on only newly developed lands or water users, see Kreifels v. South Panorama Sanitary District, 474 N.W. 2d 567, 569-70 (Iowa 1991). 6. New development cannot pay 100% of the new capital costs, see Coulter v. Citv of Rawlins., 662 P. 2d 888 (Wyo. 1983). 7. A water connection fee must be dedicated and used only for the designated capital improvement -- in this case the new Iowa City Water Supply and Treatment Facility. The ordinance must also have a refund provision in the event the capital improvement is not constructed. 8. In Utah, the state courts have a long tradition of ruling that new developments should pay their proportionate share of the cost of "excess capacity" of a city utility system, but should not pay all of the costs of "excess capacity." Based on a review of several of the Utah cases. I recommend that the City pay close attention to the seven differing factors which Utah Court set out, end by doing so we hope to fashion a method so that capital costs are fairly borne by both new development and existing development, or by new and existing water users, See Banberry Development Corporation v. South Jordan Citv, 631 P. 2d 899 (Utah 1981). 9. Conclusion I recommend using the simple "drainage fixture unit" approach from the Virginia case noted above, but that approach still means calculating some way to proportionately share the capital cOStS for "excess capacity" between "new water users" and existing water users. Our Consultant Howard R. Green previously gathered historical data in order to project the size of the new plant, including estimated growth of Iowa City and estimated water uses for peak days and average days. Staff hopes to be able to present a water connection fee based on these rough calculations to the City Council soon. The decision whether to enact such a water connection or water impact fee is a matter for the City Council to decide. CC,' City Council City Clerk City Manager Assistant City Manager Chuck Schmadeke, Public Works Director Karin Franklin, Planning and Community Development Director Don Yucuis, Finance Director Sarah Holecek, Assistant City Attorney Ralph Russell, Howard. R. Green Attachment City of Iowa City MEMORANDUM Date: October 13, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the Cibj Council From: Linda Newman Woito, City Attorney ~ Re: Status on Water Impact/Connection Fees; Staff Progressing As you can see from the attached memo dated September 20, 1995, which contains a copy of the ordinance which I obtained from Virginia Beach City as a "model ordinance," the staff is making progress on a possible water connection/water resource recovery fee for Iowa City. In follow-up, Chuck Schmadeke; Sarah Holecek; Ralph Russell of Howard R. Green; Steve Atkins; Don Yucuis; Ed Moreno; Kadn Franklin and I met October 3, 1995, to discuss the calculations Ralph Russell did. We compared Ralph's calculatio.ns (which he will put in wdtten form, for further staff discussion), to my suggestions received from the engineer involved with the successful water connection fee in the Virginia Beach court decision. After much discussion, we'agreed to meet in mid to late October to revisit our diverse ideas. Hopefully we will soon have a recommendation to the City Council. cc: Madan Karr, City Clerk Steve Atkins, City Manager Dale Helling, Assistant City Manager Chuck Schmadeke, Public Works Director Ed Moreno, Water Superintendent Ralph Russell, Consultant Howard R. Green Kadn Franklin, Planning & Community Development Director Don Yucuis, Finance Director Sarah Holecek, Asst. City Attorney File Attachment City of Iowa City MEMORANDUM Date: September 20, 1995 To: From: Steve Arkins, City Manager Chuck Schmadeke, Public Works Director Ed Moreno, Water Superintendent Ralph Russell, Consultant, Howard R. Green Karin Franklin, PCD Director Don Yucuis, Finance Director Linda Newman Woito, City Attorney Re: Status of Continuing Work on Water Impact/Connection Fees, for report to City Council; update on City Attorney Office progress Attached please find a copy of the water connection/water resource recovery fee which I agreed to obtain from the Virginia case cited in my July 1995 memorandum concerning water impact fees. My Office has been in contact with the attorneys who litigated this water resource recovery fees, and I am ready to report on, and explore, methods of computing the costs per "drainage fixture unit." As I recall, at our meeting on Wednesday, August 9, 1995, we agreed to proceed as follows: Public Works and City Manager would prepare a report on what water connection fees we already collect, what equipment or services those fees are intended to cover, etc. Chuck Schmadeke, Ralph Russell and I were going to see if the existing historical data, including construction costs, could be used to calculate a water resource recovery fee - - or whether we need additional information. I was going to pursue the use of the "drainage fixture unit" found in one of the cases, as an appropriate unit to calculate, at least in part, a water connection fee. I wanted to report on my progress, and perhaps we should "touch base" on our next steps - since I am confident that the City Council wants to proceed with a water impact/connection fee within the next few months. co: Assistant City Manager File Attachment : $EP.-IS'95(HON) 14:28 ¥A BEACH CITY ATTY. TEL:804-427-453! P. 002 {a) The £eee prescribed by the £ollowing subsactions of :hie 8eceLcn ~o~ an '~cove~ ~eee." The fees shall be d~e~ on che baals of ~e d~aL~ ~e ~[t schedule an ~v~ed ~ t~ Un~Eo~ Star.ida B~d~g ~de (P~umbLug), as ~nd~ ~ ~ ~o h~. ~uch f~m nha~ a~c:u~e no~ ~rea~:ly ~ee~ad to the water eyst~ w~n such use o: ch~g~ t~ ~u~l ~uut o~ applicable ~ecove~ ~eeg, Iaea a credit o~ ~y wah~ l~e ff~e previounl~ Na~d. (b) Recovery f~s shall be as ~ollowe~ Bach d~ainage fixture unit shall be charged a recovery fee accordin9 to the £ollo~ing schedule: (i) ~omthn s~eotive date o~ thLe section untL~ ~e 30, 1986. {iL) ~ixty-three dollars (563.00) per drainage ~£xtu~e unit ~om~ttZy 1, 1986, to Dece~be~ 31~ 1986. (ii£) Sixty-six dollars ($86,00) per ~atnage ~ixture until eE~se~£ve Nove~be~ 24, 1987. eases where a plu~ing fixture £0 not epec£~ic~lly descrLbeci tn ~e UnL~o~ ata~/de culldinS ~ (Plu~ing), ao ~d~ ~r~ ~ ~o t~, ~ e~ivalan~ ~ain~e ~urn ~ the plying ~i~u~ shall be c~u~d by t~ ~de ~d e~oi~lcationa of :~e ~nc o~ ~e~ may appeal the d~nc o~ ~lic utilihiee' decision :o ~ city ~er or his ~mLgnme ~d, thereafter, to city co~cil. (C} NO bu~ld&n9 or ~%u~ing permit nh~11 be Lssued Eo~ a~y prolegacy, ~ ~in ne~i~ ~vn been ~id. SE~.-18'95(MON) 14:28 VA 8EACH CITY ATTY, T£L:804-427-45~I P. 00~ fO~d. ~o. ~575, L-6-8610td. ~o. ZSS~, 2-10-86J Ozd. No. ~665, 12-22-86; All mc, aoyf ,~ollaffi:ed as ,c,dat:e~::~ ,c.~aaou~ce~ re~ov~-y fneo ~daE ea~n 3?- (O'¢d. Ro. 1S75, l-6-B6t old. 702.0 - 703.2 702.0 FIxture Unit Equivalents UN I FOEiv[ PLUHBING CODE 3'tie uni~ equivalent of plumbing fixtures shown in Tabje 7-3 shah be based on the size of the trap required, and the unit equivalent of fixtures and devices not shown in Table 7-3 shah be based on the rated discharge capadty in gpm (gallons per minute) (liters per second) in accordance with Table Maximum trap loadings for sizes up to four (4) inches (101.6 ram) are as follows: I-1/4' (31.8 mm) -- 1 unit 14/2" (38.1 mm) -- 3 units .' 2' (50.8 mm) -- 4 units 3' (76.2 ram) -- 6 units 4' (101.6 mm) -- 8 units F~ception: On self-service laundries. 703,0 Size of Drainage Piping 703.1 'me minimum sizes of vetdeal an, d/or horizontal drairage piping shah be deterrnLned from the total of all fixture units connected thereto, and additionaUy, (n the case of vertical drainage pipes, in accordance with theLr length. 703.2 Table 7-5 shows the maximum number of fixture units allowed on any vertical or horizontal drainage pipe, building drain or building sewer of a given size; the maximum number of fixture units allowed on any branch interval of a given size; and the maximum length (in (eet and meters) oE any vertical drainage pipe of a given size. TABLE 7-3 Minimum Trap and Kind of Fixture Trap Arm Size (inches) (ram) Units Bathtubs .........................................................................1-1/2 (38.1) 2 Bidets ...............................................................................1-1/2 (38.1) 2 Clotheswashers ...............................................................2 (50.8)2 Dental units or cuspidors .................................................1-1/4 (31.8)1 Drinking fountains .............................................................1-1/4 (31.8)1 ~loor drains .........................................................: ..........2(50.8)2 Interceptors' for grease, oil, solids, etc ..............................2(50,8)3 ,nterceptors* for sand, auto wash, etc ...............................3(76.2)6 -aundrytubs .............................- ........................................I-1/2(38.1)2 riobile home park traps (one (1) for each trailer) ..............3 (76.2) 12 -leceptors' (floor sinks), indirect waste recaptots for rafrigeratore, coffee urns, water stations, etc ................1-1/2(38.1) 1 :teceptom*, indirect waste receptors for commercial sinks, dishwashers, air-washers, etc ............................2 (50.8) 3 Shower, single mils .........................................................2(50.8)2 ~owere,' gang, (one unit per head) ................................2 (50.8) 3Inks, and/or dishwashers (residential) (2" (50.gram) rain waste1 1.1/')/'~n l) I ables 7-3 and 7-4 DRAINAGE FIXTURE UNITS Kind of Fixture UNIh(jItM I'LUMUINU CODE Sinks, bar, commercial (2" (50.8 ram) rain.waste) ............ 1-1/2 Sinks, bar, private (1-1t2" (38,1 ram) rnin.waste) ..............1- f/2 Sinks, commatrial or industrial, schools, etc., including dishwashers, wash up sinks, and wash fountains (2' (50.8 ram) rain. waste) .............................................1. t/2 Sinks, flushing dm, clinic ...................................................3 Sinks, service ...................................................................2 Sinks, service (3' (76.2 ram) trap) ...........................: .........3 Udnals, pedestal, tmp arm only ........................................3 Udnals, stall, separate trap ................................................2 Udnals, wa~l-rnounted, blowout, integral trap, trap arm only 2 Udnals, wall-mounted, blowout integral trap, trap arm only 3 Urinals, wall-mounted, washdown or siphon jet, integral trap, trap ann only ............................................2 Urinals, wall-mounted, washout, separate trap (2' (50.8 ram) rain. waste) ..........................................t .1/2 Wash basins, in sets .........................................................t. 1/2 Wash basins (lavatories) single .......................................I-I/4 Water closet, * private installation, trap arm only ........ 3 Water closet, public installation, trap arm only .................3 TABLE 7-3 (Continued) Minimum Trap and Trap Arm Size (mches)(mm) Units (38.1) 2 (38.1) I (38.3) 3 (76 2 6 (50.8 3 (76.2 6 (76.2 6 (50.8 2 (50.8 3 (76.2 6 (50.8) 2 (38.1) 2 (38t) 2 (31.8) (762) 4 (76.2) 6 *Note: The size and discharge rating of each indirect waste raceptor and each interceptor shall be based on the total rated d~scharge capacity of all fixtures, equipment, or appliances discharging Iheremn to, in accordance with Table 7-4. Drainage piping servin9 batteries of appliances capable of producing continuous flows shall be adequately sized to provede for peak loads. Clotheswashers in groups of three (3) or more shall be rated at six (6) units each for the purpose of common horizontal and vertical waste pipe sizing. Water closets shall be computed as six (6) fixture umts when determining septic tank size based on Appendix I of th~s Code. Trap sizes shall not be increased to a point where the fixture discharge may be inadequate to maintain their self-scouring propedies. TABLE 74 Discharge Capacity In Gallons per Minute (Liters per Seconri) For Intermittent Flow Only GPM (I/sec.) Up to 7-1/2 (Up to 0.47) Equals 1 Unll 8 to 15 (0.50 to 0.95) Equals 2 Unns 16 to 30 (1.00 to 1.89) Equals 4 Umls 31 to 50 (1.95 to 3.15) Equals 6 Umls Discharge capacity for over 50 gallons per minute (3 15 IJsec ) shall be City of Iowa City MEMORANDUM Data: October 19, 1995 To: From: Re: Marian Karr, City Clerk ~ Linda Newman Woito, City Attorney Request to hold $300 civil penalty payment in abeyance for liquor law penalties, pending appeal to the state liquor commission and the local magistrate, FYI Attached please find a letter from J. Steven Newton, Corporate Attorney for Sinclair Oil Corporation, who spoke with me recently concerning an "injustice" surrounding a civil penalty against Sinclair as a corporation - based on an employee who had no such authority to bind the corporation, I advised Mr. Newton to request an appeal to the proper authority, namely, the State of Iowa Liquor License Commission, and also request withdrawal of the guilty plea or vacation of the conviction of employee Brian Bazyn as outside any authority to legally bind the corporation by reason of the guilty plea entered last July 1995. As you and I discussed, I am not aware that the City has specific authority to hold the civil penalty "in abeyance," pending Sinclair's appeal to the State of Iowa and a request for reheating before the local Magistrate. Thus, it may be best to simply receipt the money to Finance; and after consideration of the appeal by the State, and possible review by the local Magistrate, we can refund the money - if appropriate. In the meantime, I want my Office and the Police Department to review the way we ticket corporations for liquor license violations since service on a corporation needs to be by service on the registered agent. Please call if you have questions. CC: City Council City Manager Assistant City Manager R.J. Winkelhake, Police Chief Bey Ogren, Assistant City Attorney Jay Steven Newton Attachment SINCLAIR OIL CORPORATION $~0 EAST 8OUTII TE. MPLg $AI,T [.,7dt~ CITY, UTAlt 84102 PllONg (SOD ~24-2751 FAX (~0D LEGAL DEPARTMENT FACSIMILE TRANSMITTAL NUMBER OF PAGES BELNG TRANSMITrED INCLUDING THIS ONE: FROM: SINCLAIR OIL CORPORATION SALT LAKE CITY, UTAH TELEPHONE NUMBER: REFERENCE/M~SAGE: CONFIDENTIALITY NOTICE: The doeumentz accompanying tiffs facsimile transmission may conmln Infomarion that Is CONFIDENTIAL, PROPRIETARY, and LEGALLY PRIVILEGED. Such lnformaUon Is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any diselosu~, copying, dls~,-ibution, or the ~king of any action in retianc~ on ~uch infomatlon is strictly prohibited. If you have received tlfis facsimile transml~sion in error, please notify us immediately by telephone and return the orlgfnal documents to us at the above address via the U.S. Postal Ser~ic~ THANK YOUII Iowa City, City Attom~ Ci~i~ Cefi~r 410~ut W~ Iowa City, Iowa S22,J0 We have been serwd with resolution nuld~r 95287, inipost~ a ~.~ ~ P~W to S~~7. ~e ~on u~n w~& ~e r~l~on w~ ~ ~ b~ on a pl~ of ~ by B~ ~ ~ ~ploy~ of Sincl~ OB ~on ~S~ff), w~ h~ no ~o~on ~ ~e pl~ ~h~ ts a ~py offo~ R~u~ ~r ~ md V~on of TI~ civil pt~alty entered by Iowa City, City Courtoil a/~gmt Sinclair wa~ onta'ed without noti~o to Sinclair or a~ opportun~ foF a h~u~. $inol~ roqu0~s th~ it be ~ranted duo proooss of law, a~d bo 8ivan an opporttmRy for a head~ b~oro the Ciiy Council at yot~r e,~]iost ~nw~aienco. Encto~d is a cht~k for ~00.00 which I would ~ you hold, tmless you belike you ~ tinable to slay ~xe~ion of the resolution l~nd~ our hearinl$ Ple~_~ also mt this letter a~ our wiitm notice of a~ ~ ~ by yo~ ~1~ An~of~ ~~ffi~e 8~ofI~ To~ ~nd~ ~ nofim ~ r~ by ~ ~~ of the ~o~o~ pl~e fo~d d~ m me. ~y~ n~ ~ ~ ~n~ by phonq pl~e ~n~ me ~ (801) 52~2752 or o~ ~ ~g~, C~ ~ at o~ ~.n~O~S offi~ ~ (612) 6~-~36. Tha~ you for your m~ i~ this matt~. Corpotto Attorney ~0 F- SOUTH TEMPLE. EO 80X 1~)8,'15 . SALT LAKE CITY. UTN.I 801-524-2700 IN TI'IB DISTRICT COURT OF ~IOHNSON COUNTY, IOWA STATE OF IOWA p l, ~ ~i-----~ v. SlNCLAXR 01L COi~ORATION INC. 950324~$ NO. 95050~317 DOC. RF_,QUF. ST FOR REI-~AiUN_G REOU]~T FOR VACATION OF CONVICTION To: Pres{d~ng M~istra~, Johnson County Mas~trate Cou~ On luly 25, 1995, Bfum Bazyn, ~n employee of'Sinclair Oil Corporation, appeared in MngiVaV~ Court and plead guilty on behnlfof Sinclair Oil Corporattom Brian Bnzya is not nn offioer ortho ooipor~ion, and hM no authoriiy ~o enter the plea on beh~lFof Sh~clair CorporaIion. SiacI~ O~l Corpor~ion, I~ lesal ooun~, h~reby r~gl~,s r~ari~ a vacalion of ~ conriSon, aud an oPl~ritmit% lhrough our ~lhofl,~d roprt~latlve, for S~I~ Oil Daryl this 17th day of October, 1~. SINCLAIR OIL CORPORATION Ft~W 86~ -~z3~] "[lO HI6-13NIS &~,~t,~188 '~,. .~.nclair Marketing Company CASPER, WYOMING ~. 25047 3__ ~O/O3/95 304715~ 300.00 ~00.oo 'o ~ O~OER OF CZTY OF I~WA C~TY C[9~C cENTER 410 E WASHINGTON STREET [O~A CITY IZ 5~240-i826 ~:Go c~6, 8z i3o t:,gd 86E "TdgB") ']TO NIb~NIS Z,~z~z~88 City of Iowa City MEMORANDUM Date: October 18, 1995 To: The Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Woito, City Attorney ~ Re: Scheduling and Professional Obligations Attached please find the announcement for this year's Environmental Law Seminar, to be held in Des Moines, Iowa, on October 26 and 27, 1995. As Chair of the Continuing Legal Education (CLE) Committee this year and as Vice-Chair last year, I am proud to be a part of this very bdght and energetic group of lawyers. I will be out of the office on both Thursday and Friday, October 26 and 27, 1995, and First Assistant City Attorney Anne Burnside will be in charge. I will also be out of the office on Monday, October 30, 1995, for a workshop. Attachment cc: City Clerk City Manager Assistant City Manager City Attorney Office Staff bCG-5LNW PROGRAM Thursday, October 2(~, 1995 7:45 - 8:15 Registration 8:15 - 8:30 Welcome and Announcements Linda Newman Woito 8:30 - 9:30 Technical Aspects of Environmental Law Henry Marquard & Doug Wallace 9:30 - 10:t5 CERCLA Update/Brown FIelds Scott Young 10:15 - 10:30 Break 10:30 - 11:15 Asbestos Amy Christensen & Mary Finn 11:15 - 11:45 Case Law Update (mo~thf .~.te but .ome federal) L/z Sparks 11:45 - 12:4~ Luncheon Embassy Suites (included) 12:45 - 1:00 The Life of en i~nvlronmental Lawyer Skil Ron Lindhart & Amy Christensen 1:00 - 2:00 Fingerprinting Hydrocarbons John Perkins & Rich Heathcote 2:00 - 2:30 innocent Landowner Fund Bob Galbralth 2:30 - 2:45 Break 2:45 - 3:15 "Takings," Legislative and Court Decisions Mike Valde 3:15-4:00 Underground Storage Tank (UST) Update Stuart Foldstein 4.00 - 5:00 Ethics Panel Panel Members: Roger Scholten, Dave Wornson, Larry McLelland Friday, October 27, 1995 8:30 - 8:45 introduction/Welcome Linda Newman Woito 8:45 - 9:30 New Cases (Blue Chip. Haclen and their progeny) Jim Pray 9:30 - 10:15 3nsurance Coverage including champlaX Bob Waterman Jr. & John Handrides 10:15-10:30 Break 1030 - 11.00 Damages/Remedies (including hog lots) Tom Patterson 11.00 - Noon Questions and Summation Panel Members: Chuck Backer, Gary Norton, Jane McAIlister Summation: Unda Newman Woito ENVIRONMENTAL LAW SEffiNAR October 26 & 27, 1995 Embassy Suites on the RIver, Des Molnes Name Address Member# ADVANCE REGISTRATION FEE · First Day Second Both Only Day Only Days Section Member: $75.00 $40.00 $100.00 Non Section Member: $85.00 $50.00 $120.00 will be attending lunch: [] Yes [] No I c~nnot attend but t would like the matedis for ~aoth' days at a cost of $55.00 (check enclosed) [] Yes. Return check and registration by October 20, 1995 to:" THE IOWA STATE BAR ASSOCtagON 521 East Locust St, F|. 3rcl Des Moines. Iowa 50309-1939 C.L.E. credit appiied for: 10 h0um Tolal 7 hOUlS Thursday. 3 hours Friday City of Iowa City MEMORANDUM Date: October 18, 1995 To: Mayor and City Council From: City Clerk Re: Council Work Session, October 9, 1995 - 6:30 pm in the Council Chambers Mayor Horowitz presiding. Council present: Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: Baker. Staff present: Atkins, Helling, Woito, Walsh, Miklo, Franklin, Schoon, Burnside, Shaffer. Tapes: Reel 95-118, side 2; 95-119, all; 95-120, side 1. CONSENT CALENDAR ADDITIONS Reel 95-118, side 2 Council agreed to add to the consent calendar a special Class C Liquor License for Denan Thai. REVIEW ZONING MATTERS Reel 95-188 Side 2 Settincl a public hearing for October 24, 1995 on an ordinance amendine the Zoning Chapter bv adoptinq a Sensitive Areas Ordinance to regulate development on properties containinq environmentally sensitive features, includinq wetlands, stream corridors, steep slopes, wooded areas, hvdric soils, prairie remnants and archaeological sites. Throgmorton requested that Council adopt a resolution stating Council's desire and expectation that the City would comply with the Sensitive Areas Ordinance, and when the City cannot comply with the Ordinance, that Staff refer to Council. Horowitz suggested contacting the University of Iowa regarding compliance of the ordinance. Public headng on an ordinance amendincl the Zoning Chapter bv conditionalIv chanclin.q the use requlations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highwav 6 from ID-RS, Interim Development Sin.qle-Familv Residential, to RM-12, Low Density, Multi-Family Residential. (Outlot A - Whisperin.q Meadows REZ95-0012) Go Ordinance amending the Zoning Chapter bv conditionally changinq the use requlations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highwav 6 from ID-RS, Intedm Development Single-Family Residential, to RM-12, Low DensiW, Multi-Familv Residential. (Outlot A - Whispering Meadows REZ95-0012) (First Consideration) Ordinance amending the Zoning Chapter bv changing the use requlations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Sinelie-Family Residential, to OPDH-8, Planned Development Housing Overlav. (Mormon Trek Village REZ95-0009) (Pass and adopt) 2 Resolution for final 131at approval of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-1or commercial subdivision located south of Hi.qhwav 1 between Gilbert Street and the Iowa River. (SUB95-0026~ Miklo asked that Council defer consideration of the resolution for final plat until October 24, 1995. PROPOSED FRINGE AREA AGREEMENT Reel 95-118 Side 2 PCD Director Franklin, Senior Planner Miklo, City Attorney Woito, and Planning and Zoning Commission Chair Scott presented information. Majority of Council asked staff to look at incorporating Sensitive Areas Ordinance Proposal into the proposed Fringe Area Agreement. Council agreed to meet with the County Board of Supervisors to discuss the proposed Fdnge Area Agreement and to tell them that if an agreement is not reached by a specific date that the City will terminate the current Fringe Area Agreement and impose the City's subdivision standards in the two-mile extraterritorial area. Staff Action: Draft a letter, for the Mayor's signature, to the Board indicating the Council's Intentions as noted above. (Franklin) INDUSTRIAL LAND - SCOTT BOULEVARD AREA Reel 95-119 Side 1 Council Member Lehman agreed to serve as the City Council representative during discussions with the Board of Supervisors regarding the industrial land use. PCD Director Franklin responded to Council questions regarding County zoning as it relates to commercial development on Scott Boulevard. Staff Action: None (Franklin) KIRKWOOD NEW JOBS TRAINING PROGRAM AGREEMENT (Agenda item #12) Reel 95-119 Side I Economic Development Coordinator Schoon and Jim Loukota, from Kirkwood Community College presented information about the Kirkwood new jobs training program. Horowitz requested information about ECICOG involvement with JTPA. CONFINED SPACE RESCUE PROGRAM Reel 95-119 Side 1 Iowa City Fire Department Fire Marshal/Acting Fire Chief Andy Rocca presented an overview of the proposed confined space rescue program. Council directed staff to proceed with the confined space rescue program as outlined in Rocca's October 6, 1995 memorandum. Staff Action: An equipment Itst for Confined Space Rescue was sent out. Bid opening is October 26, 1995. In addition, nine Fire Department personnel are scheduled to attend a Confined Space Rescue "Train-the-Trainer" course in November, 1995. 3 CABLE FRANCHISE OVERVIEW (Consent Calendar #4d.(3) and (4) Reel 95-119 Side 1 Assistant City Manager Helling and Cable TV Administrator Shaffer presented a cable franchise overview. In response to Kubby, Helling stated that he will look at, 1) the different language in the agreement and ordinance regarding the 5% franchise fee, and 2) the free-drop list to add the County Administration Building and DHS. Staff Action: Report back prior to public hearing, (Helling) COUNCIL AGENDA/TIME Reel 95-119 Side 2 (Agenda Item #14- Resolution awarding contract for the construction of the ground storage reservoir pump sys!em improvements project). Atkins requested that Council reject the resolution. APPOINTMENTS Reel 95~119 Side 2 Riverfront and Natural Areas Commission: Reappoint Richard Hoppin and Jessica Neary. COUNCIL AGENDNTIME CONTINUED Reel 95-119 Side 2 o Lehman stated that MidTown Restaurant wants to relocate on the east side of Iowa City, and Council discussed the restaurant's request to relocate in a commercial neighborhood zone. Kubby asked a letter be written to the owner of MidTown Restaurant offering staff assistance. Lehman referred to correspondence received from Charles and Doris Lisle regarding City staff's work on Rohret Road Improvement Project. Lehman referred to correspondence received from area residents on Douglas Coud regarding regulations covedng properties owned by the Iowa City Housing Fellowship. City Manager stated that staff will be discussing Housing Policies in Neighborhoods. Throgmorton inquired about the status of appointing people to the Economic Development Task Force. City Manager Atkins stated that it will be on Council's next agenda. Kubby requested an update regarding the status of protection of mobile home tenants. In response to Kubby, City Manager Atkins stated that the City should address the resale of water by privately owned mobile home parks. Kubby stated that she received an idea relatin~ to accountability issue of water bills. Kubby stated someone has suggested that the City create graphs demonstrating how water rate increase monies are being used. 10. Kubby raised concerns about behavior and safety by contractors doing work for the City. 11, 12, 13. 14. 15. 16. 17. City Manager responded that contractors are immediately contacted when complaints are received by the City. Kubby inquired about the flood plain management ordinance. Mayor Horowitz explained she has been in contact with the Corps of Engineers and there is an interest by the Corps to do pre- and post-flood planning, City Manager Atkins stated he will request an update from staff. In response to Kubby, 'Horowitz stated that she will be the City representative on the Sesquicentennial committee. Kubby inquired about the DTA's request regarding the Bus and Shop program, Council discussed the DTA's request and directed Assistant City Manager Helling to contact the DTA or to inform them that the City Council is not interested in 35 cents but would like other ideas, City Attorney Woito presented information about the disposal of two vacant houses at the new water plant. Horowitz inquired about College Green Park lights and park vandalism at Mercer Park. City Manager Atkins stated the damage will be repaired and it is a policing problem. Mayor Horowitz thanked Council Members for her appointment as the Sesquicentennial representative and asked Council Members to contact her regarding ideas. Horowitz reminded Council Members about the Human Rights breakfast. Assistant City Manager Helling said he would check on tickets for Council members by Tuesday. Meeting adjoumed at 9:22 p.m. CONStRUCTiON CO. THIRD ~TREET ~, October 16, 1995 Steve Atkins, City Manager City of Iowa City Civic Center Iowa City, Iowa 52240 P.O. BOX 209, ~, ~, PHONE IOWA CITY, IOWA 52244 FAX 319 3]B1 -O607 Dear Mr. Arkins: I just wanted to drop a line to let you know what a pleasure it has been to work with the City of Iowa City on the Whispering Meadows Housing Development. I have made most of my contact with the City through Eileen McCahon, an amhitect who has done an overwhelmingly exceptional job on this project. Eileen is always very helpful and is an excellent source of information for all facets of this project. On several occasions I have asked for her guidance in the preparation of the paperwork and she either has the answer or will get it for me in a very short amount of time. Eileen also is very competent in the fieid and our project manager and field supervisor can attest to that. She has he!peal to clear up several questions and concerns our firm had about the blueprints and specifications in a very efficient manner. Overall, Eileen McCahon is a tremendous asset as an architect to the City of Iowa City and t look forward to working with her and the City of Iowa City in the future. Sincerely, r .-- -- -. ,Scott Anthony Ehlem, uomroller Frantz Construction Co., $e To: IOQ~ CI~ CLERg From jo hog~rtv lg-16-g5 8:31am p. 2 of 3 Charles D. Duffy, Chairperson Joe Bolkcom Stephen P. Lacina Don Schr Sally Stutsman BOARD OF SUPERVISORS October 17, 1995 INFORMAL MEETING Agenda Call to order 9:00 a.m. Review of the informal minutes of October 3rd, recessed to October 10th; recessed to October 12th; the fo~'mal minutes of October 12th and the canvass of votes for Iowa City lhimary Election of October 12th. 3. Business from the County Engineer. a) Discussion re: bridge replacement funding agreement with Iowa Department of Transportation for Project BROS-52(36)--SJ-52 (R- 6-1). b) Discussion re: request for vacation of a street and alley in the town of Morse. c) Other 4. Business from the Board of Supervisors. a) Discussion re: b) Discussion re: c) Discussion re: d) Reports e) Other Juvenile Justice Grant Policy Board appointments. boards and commissions. Fringe Area Agreement with Iowa City. 913 SOUTH DUBUQUE ST P O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL. (319) 356-6000 FAX: (319) 356-6086 To: [0~ CTTYCCERg 18-16-95 8=31am p. 3 of 3 Agenda 10-17-95 Page 2 5. Business from the Director of Depai=tment of Public Health. a) Discussion re: permanent Adult Day Care facility. b) Other 6. Discussion from the public, 7. Recess. To: [0~ CHY CLER~ From: ~o hogarty 18-18-95 8:39a~ p. 2 or; Jehns~nCounh.' Chadcs D. Duffy, Chairperson Joe Bolkcom Stephen P. Lacina Don Sehr Sally Slutsman 1. Call to order 9:00 a.m. 2. Action re: claims BOARD OF SUPERVISORS October 19, 1995 FORMAL MEETING · A§enda Action re: informal minutes of October 3rd, recessed to October 10th; recessed to October 12th; the formal minutes of October 12th and the canvass of votes for Iowa City Primary Election of October 12th. Action re: payroll authorizafiom 9:00 a.m. - continuation of October 12, 1995 Public Hearing on the following Platting Application: a) Application S9559 of Karen Boddicker, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of P-n-P First Addition, a subdivision located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a l-lot, 2.246 acre, commercial subdivision, located on the north side of 120th Street NE, 300 feet east of the 1-380 interchange in Jefferson Twp.). 913 SOLtri't-I DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 3566000 FAX: (319) 356-6086 oF 4 To: IO~ CITY CLERK From jo hogar%¥ 16-18-95 8:39am p..3 Agenda 10-19-95 Page 2 6. Business from the Assistant Zoning Admini.~rator. a) Discussion/action re: the following Platting applications: b) Discussion/action re: application SP07 of P-n-P Convcnfience Stores for a Site Plan Review of the CP2 Planned Commercial District. Located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (Located on the north side of 120th Street NE, 300 feet east of the I-3§0 120th Street NE interchange in Jefferson Towmhip). 2. Application S9566 of William McCreedy requesting preliminary and final plat approval of Newport Lane Acres, a subdivision described as being located in the NW 1/4 of the NW 114 of Section 24; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (I'his is a 2-1or, 5.73 acre, residential subdivision, located on the east side of Newport Road NE, 3/4 of a mile south of Turkey Creek Road NE in Newport Twp.). 7. Business from the Zoning Administrator. a) Final consideration of application Z9535 of Orval Grout. b) Final consideration of application Z9536 of Burdette Millard. c) Final consideration of application Z9537 of Richard Lindemann. d) Final consideration of application Z9538 of Frederick Charbon. Other 8. Business ~om the County Auditor. a) Action re: permits b) Action re: reports 1. County Recorder's quarterly report of fees collected. c) Other To~ ~0~ CI'PI CLERR Agenda 10-19-95 Pa~e 3 9. Business from the County Attorney. a) Report re: other items. 10. Business from the Board of Supervisors. a) Action authorizing Chairperson to sign funding agreement with Iowa Department of Transportation for Johnson County Project BROS- .. 5206)-8J-52. This is located in Section 6, Township 78N, Range 6 West on Maier Avenue approximately 2 1/2 miles South of Highway 1. b) Action setting public hearing re: Road Vacation 1-95 for Tuesday, November 14, 1995 at 9:00 a.m. (I"nis is for certain areas in the unincorporated village of Morse.) c) Action re: appointment of voting members to the Juvenile Detention Study Committee. (Supervisors) d) Other 11. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. Report fzom the County Attorney. d) Other 12. Adjournment. City of Iowa City MEMORANDUM Date: October 17, 1995 To: City Council From: City Manager Re: Peninsula Over the lest few weeks we have continued our discussions with representatives of the Elks Club concerning their need to relocate at least two golf holes. These golf holes conflict with City- owned public right-of-way. The right-of-way provides the only access to the upper 90+ acres of the peninsula. A plan and recommendations concerning development of this area are being prepared. The Elks Club appears to be feeling somewhat "put upon" by the City. The expense for the two golf holes, land purchase, design and construction could cost them S500,000. I have pressed the need to arrive at a plan in the negotiations. We have chosen to invest t~l .3 million in the site and we are anxious to press ahead with a plan which will work toward the recovery of those monies. The Elks decision making process is painfully slow and the concerns for their golf course, although legitimate, can have a direct impact on our land use planning for th6 area. I will continue the strategy of pushing them, although I suspect you may begin to hear from the Elks membership that the City is being overly aggressive about the land use planning and their obligation to relocate the two golf holes. Originally they requested the relocation of the golf holes occur in the floodplain area recently purchased. We rejected that option in that an alluvial well will be located nearby and we felt we could not take the risk of chemical contamination, that is, the lawn treatment and fertilizer used on the golf course being so close to a water resource. The Elks have been informed that we will consider the sale of a portion of the upper 90+ acres for the golf hole relocation and have encouraged them to do design work accordingly. The Elks Club is a not-for-profit/fraternal organization and therefore any land we sell to them would be off of the tax roll in the future. I believe we have an obligation to work with them because of the community amenity afforded to us in the golf course, but at the same time we must work to our advantage in the land use planning and ultimate recovery of the investment in the property. will keep you advised. cc: Karin Franklin Chuck Schmadeke October 19, 1995 Barbara Grohe, Superintendent Iowa City Community School District 509 S. Dubuque St. Iowa City, IA 52240 CITY OF I0 WA CITY Re: Galway Hills Subdivision - West High School Driveway Dear Barb: Thank you for meeting with Karin, Jeff and me last Friday. I am hopeful following our discussion that we can come to a mutually agreeable solution concerning use of the north 300 feet of the West High School driveway for access to the Galway Hills Subdivision. We believe there are several positive aspects of this redesign for the school district, which can be summarized as follows: 1. The redesign will provide a four-lane boulevard entrance to West High School. The City would assume maintenance responsibility of the portion of the driveway which would become a City street (north 300 feet). The redesign will allow cost sharing for the driveway reconstruction between the school district and the City (currently solely the responsibility of the school district). = The City will negotiate with the subdivider for a West High access driveway through Galway Hills Subdivision at the south end of school property. We understand your concern regarding the safety of student motorists in this area. We believe we have demonstrated that we share this concern by installing a temporary traffic signal at the West High driveway at City expense. We further believe the proposed reconstruction combined with the upgraded traffic signal system will provide for a safe traffic situation in the area and improve overall safety in the area, particularly compared to the alternative of having the Galway Hills collector street have a separate access onto Melrose Avenue. Enclosed are the materials we indicated at our meeting we would forward to you. You will find an aerial photograph showing the layout of the proposed subdivision road with the school property, and a diagram of the proposed driveway reconstruction. The City Engineer has indicated we need to reach closure on this issue as soon as possible, as we are finalizing the design documents for the Melrose Avenue reconstruction, including the West High driveway. These documents must be completed within the next five weeks to accommodate our bid letting schedule this winter. As you know we hope to reconstruct Melrose in the vicinity of West High early next year. 410 EAST WASHINGTON $TREET · IOWA CITY. IOWA ~2240.1526 · {319) 356.$000 e FAX 1319) Barbara Grohe October 19, 1995 Page 2 Unless we hear from you, we will proceed to design your entrance driveway according to the specifications of the enclosed diagram. Feel free to contact Karin (356-5232) or Jeff (356- 5252) if they can provide any further information or answer any questions. We appreciate your working with us to create the safest possible situation in this area for all motorists, bicyclists, and pedestrians. We are still researching the location of the easement we discussed at the east side of your property. Give Karin a call if you have any questions regarding this easement. Sincerely, Stephen J. Atkins City Manager cc: Karin Franklin Jeff Davidson Enc. City of iowa City MEMORANDUM Date: October 17, 1995 To: Stephen Atkins, City Manager From: Karin Franklin, Director, Planning & Community Development Terry Trueblood, Director, Parks and Recreation Re: Neighborhood Open Space Acquisition The Parks and Recreation Commission has been discussing the acquisition of a parcel known as the Jensen Tract to partially fulfill the open space needs of the Miller/Orchard Neighborhood Open Space District. This approximately four acre parcel is on the east side of Harlocke Street. The Miller/Orchard district has a neighborhood open space d~eficit of about seven acres. The plan envisions two open space areas to meet the deficit, one near Miller Avenue and one further west. The Jensen tract would fulfill part of the need outlined in the plan. If the property. is acquired, attention should be given to providing pedestrian access between the Jensen Tract and any open space near Miller Avenue. The Parks and Recreation Commission has discussed a trail following one of the ravines in the area. The Council may remember that the Jensen property was part of the Hadocke/Weeber zoning discussion. The property is currently zoned RM-44. Acquisition of this property for open space will eliminate one of the players in this rather complex zoning discussion, providing an extra benefit to the potential acquisition. The Planning and Zoning Commission will receive a copy of this memo. We will proceed with inquiries to the owners or their representatives. Prior to a formal offer being executed, the Council will need to approve the acquisition of the property. We anticipate this will be before the Council in December or January. Please contact either of us if you have any questions regarding this acquisition. tpt o2 To: ~01& CITY CL[RI( From .io hogarty 18-Z3qt5 8:34aa p. g of 3 J~hns~n CounD Charles D. Duffy, Chairperson Joe Bolkcom Stephen P. La¢ina Don Sehr Sally Statsman 1. Call to order 9:00 a.m. 2. Recess to formal meeting. BOARD OF SUPERVISORS October 24, 1995 INFORMAL MEETING Agenda 10:00 a.m. - continuation of October 19, 1995 Public Hearing on the following Platting Application: Application S9559 of Karen Boddicker, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary and final plat approval of P-n-P First Addition, a subdivision located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 2.246 acre, commercial subdivision, located on the north side of 120th Street NE, 300 feet east of the 1-380 interchange in Jefferson Twp.). 4. Business from the Assistant Zoning Administrator. a) Discussion/action re: the following Platting application: b) 1. Discussion/action re: application SP07 of P-n-P Convenience Stores for a Site Plan Review of the CP2 Planned Commercial District. Located in the SE 1/4 of the SE 1/4 of Section 4; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (Located on the north side of 120th Street NE, 300 feet east of the 1-380 120th Street NE interchange in Jefferson Township). Other 913 SOUTH DUBUQU~ ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: I0',~ CIT',' KL£RI~ From: .io hmtar%¥ 18-Z3-95 8:34am p. 3 of 3 !' ' Agenda 10-24-95 Page 2 5. Adjourn to informal meeting. 6. Review of the informal minutes of October 17th recessed to October 19th and the formal minutes of October 19th. Business from the Director of Department of Public Health. a) Discussion re: Grants-To-Counties Application for FY 97. b) Other 8. Business from the County Auditor. a) Discussion re: cash flow analysis for September. b) Other 9. Business from the Board of Supervisors. a) Discussion re: b) Reports Other Fringe Area Agreement with Iowa City. 10. Discussion from the public. 11. Recess. 310 FIF'TH ~TREET. I~.O. BOX 5081 COI~AL~rILLE. IOWA 52241 ~319J 351-5738 From: Council Members, City of Iowa City Laurie Robinson, Director- Heritage Museum of Johnson County It is with great pleasure that the board of diroctors of the Johnson County Historical Society announces: HER1TAGE MUSEUM ENDS ADMISSION FEE. Beginning Sept. 1, 1995, the Heritage Musetun will aeain offer free.eneral .ar.~;,~. ,,. ,h,. public for regular museum exhibits. Free admmmn ~s made possible by a recently-received grant from the Institute of Museum Services, a federal agency which offers support to the nation's The H. edtage Museum is operated by the Johnson County Historical Societ~ a -rivate or ' ' . . v, v ,nonprofit gamzatmn. The museum s $100,000 annual budget ~s supported, m pan, by these appropriations: $25,000 from Johnson County, $4500 from the City of Coralville; and $3000 from the City of Iowa City. The remaining $70,000 is raised by the Society through membership dues, donations, state and federal grants, and revenue-producing programming. The He~tage Museum is located at 310 Fifth St., Coralville, Iowa. The museum is open Wednesday through S. aturday from 1 pm to 5 pm; and on Sundays from 1 pm to 4 pro. Parking--and admissmn! -- are free. For more information about the museum, or to arrange a tour, call 351-5738. -30-30-30- Pnnhn~ lundcd. in pan, bt a f~ood rc~o~en' g~ant from the C~tv Cor~v~c Ci O ' ~'7:.~.'~;' .' :~ · . ." -. · DISCOVER Johnson Co',mW's pasl m the umque stones of ot,,r fascinahug people We welcome you to Ihe Iterilage Museum uf Johnson County to u1~ol h!Mo~' [ace 1o LOCATEI) m the 187,5 Old Coraix.die Pubhc School. the flentage ,~. hi SCH m features (hanging exfub~ts ~'.lucb vwtdly d[us- Irate the collure and herdage of Iowa and Jobnsnn ('ounty A TURN-OF-TllE- CE,XTL'RY school room gives vigilors an appre(iahon of Ibc days when sd~ooJ chfidren drank from a foramoil (Jlpj)cr, and 'c:pbered' on haud-bdd slates the ] eritage Museum! VISITOR 1NFOKS, bWlON Vlsilot Hours Weds- Sal 100- 500 Sunday 1 00- 4 00 Closed tlohdays Admission l:~ff' Adulls _ .,~52 Parking ~s free Access~- bdily ~s bmiled IO mqmre. call (519) 5738 The 1tcritage Museum ~s operated by lite Johnson County lhslor~ca] Soael); a nonprofit orgamzahon derheated to preserv- ing, interpreting. and teaching our local lustory. * For member- shqt ir~formahon. ('all (519) 551-5758. TOUR5 t~ PROGRAoM5 Ihe lienrage Moseum offers achve teaching lo u rs · al lhe museum · al Plum Grove Ihe restored 1844 home of Iowa's first govemor · and at Johnson CounW's First Ihe t lenlage Museum also offers outreach programs for schnols: lecture% camps. and ofiler programs Please call well in advan(e to arrange ,','our tOtIF OF program. Io ~nqmre about programs. schedules, or fees. call (519) 551- 57'58 Or write. Henrage Museum Box 5081. Coralvfile. IA 52241 DIRELTIONS 'lhe t lentage Museum :s located one mde south anti three blocks west of 1-80 Exit 242 m Coralvdle. Imva. In Coralvfile, take Ihghway 6 to hrsl Avenue Follow Firm Avenue to lJS mlerscc- hon wilh hfih Streel, Ihe llentage Museum :s fi~ree blocks weM on hfib Sireel