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HomeMy WebLinkAbout1995-11-07 Info PacketCity of iowa City MEMORANDUM DATE: TO: FROM: RE: October 27, lgg5 City Council City Manager Material Sent to Council Only Memoranda from the City Manager: a. Water Project b. Flat Tax Proposal c. Task Force on City Plaza - Minutes of October 18 Meeting Memorandum from the Assistant City Manager, Cable TV Administrator, .~.~ and First Assistant City Attorney regarding Cable Franchise Renewal - Comments Received at Public Hearing. Memorandum from the Director of Planning and Program Development regarding Floodplain Management Study. Memorandum from the Director of Housing and Inspection Services regarding disposition of 1926/1946 Broadway Street. Memorandum from the Chief of Police regarding RAGBRAI Grant. Copy of letter from Dianne Kaufman to the Director of PATV expressing. 3~J7 appreciation for staff support. Agenda for the October 26 meeting of the Johnson County Board of Supervisors. Copy of letter from the Department of Natural Resources regarding permit schedule for wastewater improvements. City of iowa City MEMORANDUM Date: October 27, 1995 To: City Council From: City Manager Re: Water Project On Wednesday I spoke to the Noon Optimist's Club. I was invited to be guest speaker and I provided the club with an update on various City issues. I included the Airport Master Plan, wastewater project, cutbacks in state and federal aid, etc. What I normally try in these presentations, is ,,:,ow substantial time for questions from the audience. I have found that it is usually the most productive and it gives us some feel for community issues. At the luncheon and during the question session, I was advised of a KXIC editorial position commenting on the fact that the water plant site did not have any water; that is we have ddlled wells and they are dry. I do not have the complet~ text, but from the audience a question arose as to this issue. In that you may receive similar commentary, and since that time I did receive one other phone call, I wanted to take this opportunity to provide you with the answer I provided the club members. The water treatment plant site is expected to produce 9-10 million gallons of water per day. The water will come from a variety of sources. The following represents a very rough estimate of the water sources from the water treatment plant site. Please note this does not include the water that may be produced from any wells on the Peninsula. The expectation from the plant site is as follows; 2. 3. 4. 5. The Iowa dver will provide 3.8 million gallons per day. A Jordan well, we are cun'ently under contract, will produce 1.2 million gallons per day. The alluvial wells will produce 2.4 million gallons per day. The sand pit will provide 1.3 million gallons per day. The silurian system will provide 800,000 gallons per day. 33 O 2 I believe the audience question arose from the fact that the monitoring wells on the site show significant quantities of water in the siludan system and yet the production well is not providing the yields expected. There are a number of reasons which I will elaborate later. The decision to drill the silurian well, as you will note, is because it is the highest quality water source even though the one which we will rely least upon. While it provides high quality water, it also causes significant exposure to the community in that the River Heights area, North Corridor, North Liberty, Coralville, and Iowa River Products all use the siludan system. In an interesting side note, on the days we were to do our test pumping of the silurian well, as you know we chose not to, we still received inquiries from people who indicated the wells in the area were down significantly and in some instances dry. We have informed or are in the process of informing those who inquired that if they have a problem with their silurian well, it has nothing to do with the City. The silurian wells in the area, that is the Burge/Curder wells that are used by the City, produce 350 gallons per minute. The City of Coralville's well, drilled in 1987, produces 400 gallons per minute. Wells in the River Heights area produce 230 to 280 gallons per minute, and the well directly across at River Products produces 300 gallons per minute. This information is from the State Geologist Office. Our siludan well does not have a similar production per minute response and it is believed that it is due to several reasons. The fact that we are experiencing a dry year is of some consequence. Geologically the siludan system is a bedrock plane that has numerous rock fractures. These fractures am the points of accumulation of water that ultimately find their way into the wells utilizing this system. The drilling will hit fractures and the size and amount has a bearing upon the volume of water. Apparently at the point of drilling, although nearby is a monitoring well showing sufficient production, the ddller did not hit a number of fractures, or at least it appears those circumstances occurred. Therefore the volume of water is not what is expected to come from a silurian well. The other cimumstance is that fractures can also become filled with what is called "karst" features. This is a filling of the fracture by shale, clay, and therefore can affect the production. The amount of such shale - clay it would take to fill a fracture is relatively small and cannot be recognized dudng normal drilling. There is a 3 relationship between the karst - fills and low yields. Our engineers and geologists are pursuing how we would go about opening those fractures and thereby improving the water productivity. The most important point is the siludan is the system from which we expected the least amount of water to supplement our overall water project planning. We are continuing to pursue silurian resources both on and off the water facility site and have confidence in the river, Jordan, alluvial, and sandpit as significant production capabilities. As another side note, KXIC, which owns property immediately adjacent to the water treatment plant as well as the guy wires from their tower being on the water plant site in certain circumstances, is certainly not a disinterested party, and I am quite candidly not surprised at their position. When the land was being proposed for commercial development, it clearly was to their economic benefit to see the land commercially developed. The editorial appears to have been very distorted. We will keep you advised. I wanted to let you know that we had received some ir)quides, that the issue of the well being dry is simply not the case. City of Iowa City MEMORANDUM Date: October 27, 1995 To: City Council From: City Manager Re: Flat Tax Proposal As we work toward our financing strategies and debt plan for the water, wastewater and other capital improvements for the City, the issue of the fiat tax proposal was discussed by staff. While it appears to be a long way from being approved by Congress, it does have some significant consequences on local government which are not part of the current political debate. The attached article, I believe provides an interesting analysis of the fiat tax and how it may affect overall municipal credit ratings. As you know, we enjoy the best available ratings on both our general obligation and revenue bonds and therefore as this debate continues, I felt the attached analysis might be helpful to you. CC; tp4-2 City Council Candidates Department Directors THE AUTHORITY ON CREDIT QUALITY OCTOBER 9.1995 FLAT TAX COULD HURT IV]UN]CBPAL CREDITS Proposals by several promi- nent pohticiar~ to replace the graduated federal m, ceme tax system with a "flat" !ax could be de ,rrrmen- tal to the cred~,~vorthmess a number ot ~Tes of raminc:. pal bonds Defau'.t nsk wou]d increase. ~d some ~'pes of bo~owing--part:~. ]arly tax antlopa~on no/es~ weuM be hm:ted ]hese ~roposa~ seek to ~lm~ll~V the income tax tern by :rapusing a of a'.l levels~ompared w~th the current "~raduated sys. tern ' ~ ~th its top marginal rate of 3°%~and by el:m]- natm~ man~ or all of Ihe c~ude residenhal Such changes could have a severe ampact on ~he kind- in§ method~ trader which aE ~es o[ m~adpai~hes oper- ate Rep~acLn~ ~e~ent system wi~ a fiat tax system wo~d hardly s~ph~ ~e e~en~ ~d. m many cases. wo~d damage ~e~r cred ]~,vo ~n ess ~e ~m~a(l would be the ~rea/est ~or yo~ger. grow. m~ areas. due to ~e Jact that home o~ netship ~n these eas ~s hkeiv to be more con. cen~ated amon~ h~/-hme home buve~ with h~gh mort- ~a~es mq~ Imle eqm~' Issu- ers that ha~e ma~tamed hJ~h debJ ratbn~s due to sWon~ growth m properw va:uahons could be harder hit than older. more mature areas. ~, here eqm~' com- prises a larger share o~ valu at:OhS ]:)ro~er~' taxes are a only--locally gene:a!ed solute o[ operatin~ arC, deh~ tal valuap, on oi a m'm-zc~pal. ~"s tax base ~ Lhe hon uFon wh;(h :ke~e eraled ~e affordaPE:- el Afierdab~' L~ gage interest pa,=e~ d~Juct~ from t~e-~ system. Eh~ m~ h~e~ Sta. da.d & Poor's down§faded neath' 553 bdhon ol mumc !'~'"~ tenfold n~e !rom the second quarter New ~ork O~"s downgrade accounted ~or .mere $23 b,lhon of tha~ amount VOTES tO :~ ~ Af,er s:* }'oars and tone mon,~ Of roetutoring all asp~ts of Bridgeport Cop~ 's ~~ Cal fo n a pub c power u :,, :es.,n response to thegrow~g ~77~ be gun to ,dent,k oppormn,hes ,o pos:t,on themsek' es m ,he n e, ,' en, ,ranmerit (5EE PAGE 8 FOR A COMPLETE LIST OF ISSUE CONTENTS.) i ' cdv s-rOev CO NUm FLAT TAX gOULD DEVASTATE MIJNICIPAL CFIEDIT$ suit, rapid Inss~s in proper- try valualions would be felt by many municipalities, hurting 'their mv~nue-rais. ing abilities. Additionally, many munidpalities would see reduXohs in their resi- dent' wealth, since home ownership i~ a significant portion of peraona] net worth. In addition to the effects on the valuation of a tauntrio pali~/'s property. base, a flat tax would affect the ed valo- rem ~axes paid on that real proper ,ty base. These pay- ments currently can be de- ducted ~'om federal income tax liability. Under a flat tax system, ~ deduction no longer would exist. At the very least, increases in ad va- lorem taxes, especially tho~e requiring voter apHro.v, al, would become very difficult to implement. Municipalities that have ~heir ad valorem tax rate limited by constitu- tion, stalute, or c~arter would not even have the oH- ?on of increa~in$ or request. ms an increase beyond the HOW B[0 A LOSS? Homeowmrs would lese an estimated ~ billion a year in tax sevin~s under the flat ?x proposals currently be- ing circulated, according to DRl/McGrawJ-lill director Roger Brinner. In a recent cover story in Credit Week, the sister publica- tion of Credit Week Mu,idpal, Mr. Brinner ~aid the lo~ equals approximately 15% of the market value of l~omes, "a lo~ that should be fuUy re- flected in market prices." Mr. Brinner cited Congres- sional Budget Office esti- mates that i~emized deduc- tions for mortgage interest have a 1997 tull-year value o[ $62 billion in reduced per- sonal income taxes. Dill esti- mates that the proper~. tax deduction is worth another $22 billion. "Expensive home~ would bear more than [his ~5% bur- limited rate. For munidpali- ties that currently levy an ad va/orem tax at this specified 6mir, few op~om would exist. $tata and local income i'axes would be subject to the same loss of deductibility. While income taxes would not be affected as severely as on property taxes, they re- main a significant revenue source for a number of mu- nidpalities, as well as many states. The loss of the deduc- tibility would make rate in- creases even more difficult than they now are and in, crease pressures to lower lsting rates. The costs of borrowing for munidpalities also could in- crease, further affecting the financing of their operations. Under a flat tax system, the tax-exempt status of munid- phi bond interest would be worth less to investors. This could require issuers to pay higl~er interest rates on their borrowings to maintain the attractiveness of munidpal debt to investors. den," Mr. Brinner said, "since many occupants of smaller homes do not item- tze their deductions and, thus, are not cormted in the CBO tax.loss calculation. Al- ternative approaches indi- cate potential home price de- dines of 25%-30%." Mr. Brinner acknow- ledged that "the probable re- duction in mortgage interest rates" that would result from implementation of a ,fl, at tax might ,s,e. rve as a partial offset to the loss of mortgage interest deducti. Because the flat tax rec- ognizes neither interest de- ductions nor interest in- come, market rates would tend to fall toward current tax-exempt yields," Mr. Brinner said. He called a 1% decline in market interest rates "plausible." EFFECT ON OPERATIONS The eUmination o[ the fed- eral deduction of these .types of paymants would directly impact the operations of ' many municipal govem- menis, since each would have an effect on a tradi- tional revenue source. In the best case, ff all or part of the abili .ty to deduct these pay- menis were retained, the lower federal rate v.'ould re- duce the value of these de- ductdom. This still would have a negative imapct, which--while not a~ severe as elimination of these provi- siom---would restrict the op- erations of munidpal gov-' ernmants. The implementation of a fiat tax system would have a positive economic impact on individuals and entities that would see reduced tax abilities and as a result higher disposable income. This sector would represent a logical source of revenues for municipalities, perhaps through u~er-based fees and other charges. The effects of a fiat tax. therefore, would be miti- gated, with the result being a shi~t in tax liability from federal to local government. It can beargued that local government already is more accountable to taxi'ayers for tax and spending decisions, and a flat tax simply would reduce federal account- ability to taxpayers further. IMPACT ON CREDIT QUALITY The imposition o[ these changes would affect mu- nidpal credit quaH~-, and al- though the impact would vary, it is difficullt to forsee that any of the impact would be positive. The cur- rent operating basis and characteristics of a munici- pality would determine the degree of impact. Municipalities whose tax bases consist primarily of residential properr:' ahd that rely on properr..' taxes as a primary revenue source OCTOBER 9, 1995 6}' -AT TAX COULD DEVASTATE MUNICIPAL CREDITS would be affected quickly and severely..Munidpallties that are levying at a maxi- mum properS, tax rate would have few, if any, opo tions available to offset a de- dine in property valuations. For others, simply increasing propen'y tax rates, although allowable under law, would not be a realistic option. The impact of a flat tax system and on different munidpal bonds dependent on prop- erty tax revenues for repay- ment will be negative, al- though the degreg will va~. G.O. bonds. If property tax revenue losses cause finan- cial operating pressures for munidpallties, G.O. bond creditworthiness will be hurt. Unlimited property, tax secured bonds would be the least affected of all tax. backed securities, since the proper ,ty tax rate could be raL~d to meet the repay- ment requirement to offset decreased base valuations. Limited-tax secured obliga- tions, which have a maxi- mum tax rate that can be lev- ied for repayment, would be more directly affected by a severe decline in tax base valuation. lion/Lease revenue bonds. These types of securities rely on the appropriation of general fund revenues for re- payment. If the imposition of a flat federal tax system re- suits in property tax revenue l~d, thus, financial operating pressures---these securities will be at in- creased risk of default. This wiU particularly be true of is- suers with little or no reve- nue-raising flexibility,. At such a point, p~iect essen- tiality and the risk of losing the use of the secured assets could become the critical fac- tor in whether payments on these securities continue to be made. Tax-increment serntred bonds. Tax-increment bonds are repaid through revenues generated from a tax lew on incremental assessed val'u- ation growth in a defined project area above a base- year amount. If declines in . ~ssessed valuations caused by the imposition of a flat tax system occur, tax incre- ment bonds could face seri- ous repayment problems. Widespread defaults could occur, with the risks most acute in primarily rasiden- tial areas where per parcel valuations are high, and thus the impacts of the loss of mortage interest deducta- bility most dramatic. These bonds do not have access to any other sources of munici- pai revenues and thus can- not be repaid by any other means. Tax anticipation notes. Notes .secured by the antici-. patad collection of certain revenue v:'pes--particularly ~ropertv taxes--could be urt by'imposition of a flat tax. Certainly, the abili .ty to issue these .types of securi- ties could be weakened if un- certainty is introduced with regard to their repayment revenues in the fh'st few years, until property. values fully reflect the loss of mort- gage and property tax d_~ ductions. S~e~'en Nelli (212) 208-8975 $t~ I. bI.~hy (212~ 208-1806 Richard P. Mrkin (212J 208-I767 Hyman C. Grossman (212~ 208-I752 t 8 STANDARD & POOR'S CREDITWEEK MUNICIPAL OCTOBER 9, 1995 City of Iowa City MEMORANDUM Date: October 23, 1995 To: Task Force on City Plaza From: City Manager Re: Meeting Minutes - October 18 Attached is a summary of our discussion. Please note that I at~empted to follow the general outline provided in the earlier correspondence and in reporting to you I highlighted each poiht. In a very few areas, I did combine some of your statements. Please review these "minutes" and at our next meeting you may offer any correction you feel are appropriate. I have taken the liberty from my review of these minutes and our discussions to identify what appear to be decisions or at the very least the directions that the task force appears to be heading. Please read this "Decisions Made (Assumed)" attachment critically, We can discuss and correct any improper assumptions or conclusions I may have made. I thought such a summary would be helpful to establishing your direction and ultimately the recommendations to the City Council, There appeared to be a clear indication from the group that some type of master maintenance plan needs to be initiated and therefore the conclusions, that is your decisions. would serve as a guide for any such plan. I will contact you shortly about our next meeting date, ac~10-20.sa What is the goal of City Plaza? It exists for what purpose? It Is the focal point of our community. It sets a tone, a feellng not only about our downtown, but our city. * It serves as a common area(mallspeak), gathering point for aur community. · Social gathering place, event-oriented: Jazz, ArtsFest. · Represents a major characteristic in our communlty's quality of life. · Business hub, shopping, dining, entertainment. · Ambience, a pleasant place, our town square. · Creates the first impression of Iowa City. · City Plaza is framed, bounded by businesses. What are the current POSITIVE attributes of City Plaza? · Pleasant working environment for people employed downtown. Visually, an attractive place with landscape and activities that create a positive urban quality. Combination of the architecture, buildings, and structures, viewed both positively and negatively. The City Plaza relates to different populations at different times, viewed negatively and positively. User friendly, creates opportunities for people traveling by bicycle, transit, and generally accessible to physically challenged. · Open, available for people to conduct business. 2 What are the current NEGATIVE attributes of City Plaza? 0 Mass of structures can create walls. The plane of the landscaping is too low, needs to be raised to open up the Plaza, make more attractive. Nightlime lighting. Combination of the architecture, buildings and structures. viewed beth positively and negatively. The City Plaza relates to different populations at different times, viewed positively and negatively. Accessibility- getting people into and out of. Feeling of safety and security, not safe at certain times. Parking, its availability Out of date design. looks 1970's-ish. What is this place? No name or IdentifiCation of your location, place. Where are you? No directory, dlrectlon Information. Plaza Is hard to maintain. Many materials are not desirable, maintenance, architecturally, aesthetically, safety, monochromatic look - green trees, gray benches. Blackhawk mini-plaza not designed well, not properly located. Empty lot (64- la) viewed as negative for overall City Plaza. Bicyclists, skateboarders - misuse of the Plaza, concern for safety of those using the Plaza due to Improper use of, behavior on bicycles, skateboards. 3 Review of Features of and Materials Used in City Plaza Contrast In brick walk/open areas and the use of pavers (Purington). · Concern for slippery conditions on brick when affected by bad weather. · Concern for walking safely in/around fountain, etc. - pavers. Recognize Investment in bricks cannot warrant change to slip resistant material; however, wherever practical slip/safety precautlans should be Initiated. · Pavers should be removed wherever practical. Checkerboard may have outlived its usefulness, if Jt ever had any, and should be replaced by same other feature and material. Fountain - strong suppor~ far need for a ~c~untaln; however, it must be made safer, and especially when we encourage use by children. o Too few ashtrays Inadequate bicycle parking, both number and lacatlan. Landscape timbers have outlived their usefulness, attractiveness. Encourage wood in City Plaza materials, but in newer appearance, locations. 4 Detailed Review of Selected Issues Landscape timbers: · use of timbers for grade changes (near Bushnell's) should be avoided. · use of timbers for steps should be avoided. · timbers may be used in combination with other materials, such as wood/brick/concrete planter boxes. * timbers/wood should be used in trellis. Tables, benches, chairs: · use of woad preferred, although should be fighter in color. · need at least same number of, would prefer more seating. · height of benches, tables in some instances is awkward. · make them easier to maintain. · consider circular benches around trees. · sturdier trash receptacles. Vegetation: · need more color. · overly dense and would consider tree pruning/removal to open uP Plaza. · remove small planters, more colorful, substantial larger planters. · consider small movable planters for seasonal color and design/treatment. · consider sprinklers in planters. Lighting: improve aesthetics noted "dark spot" on Plaza from Washington to alley Play Equipment: · . keep the playground/swing etc. as a feature on the Plaza. · consider scaling down size to minimize the safety zone requirements. · try to save abutting trees by scale of equipment. · use checkerboard area for play equipment area if necessary. If not, may be used for some other feature. Decisions Made (Assumed) October 23, 1995 Wherever practical utilize the unique combination of architecture/structures In planning the materials/features on the City Plaza. Any design/redesign needs to Incorporate an overall theme of the City- Plaza representing "different populations at different times". The plane of the landscaping is too low, overly dense and needs to be opened, raised to create a more attractive environment. Any feature/material replacement should consider the Impodance af maintenance. Positive action on plans for the last urban renewal parcel needs to be Initiated. Mlsuse of Plaza by bicyclists and skateboarders must be addressed. Remove the pavers wherever practical. Maintain the concept and Impodance 0~ the fountain as a Plaza feature -- make It safer. 10. ll. 12. 13. 14. Install additional ashtrays. Install additional bicycle racks. Minimize use of landscape timbers wherever practical, rebuild/redesign features, such as planters. using wood/brick/concrete In combination. Tables, benches, be redesigned with lighter (color) woad tones. Review overall lighting. Proceed with redesign of play equipment. City of Iowa City MEMORANDUM Date: October 27, 1995 To: City Council and Broadband Telecommunications Commission From: Dale Helling, Assistant City Manager Drew Shaffer, Cable TV Administrator Anne Burnside, First Assistant City Attorney Re: Cable Franchise Renewal - Comments Received at Public Hearing Several concerns were raised dudng your October 24, 1995, public hearing on the proposed Franchise Renewal Agreement and Franchise Enabling Ordinance. in order to assist you in your further deliberations and decision making, we have attempted below to summarize and respond to those concerns raised. SUPPORT PUBLIC ACCESS - This issue was raised by a number of people requesting more demonstrated support for public acces~ and, more specifically in some cases, Public Access Television (PATV). Both the ordinance and the franchise reflect support for local access, including public access, in terms of securing funds for a vadety of local access applications (public access, government access, library access, educational access, as well as community programming). That support has been demonstrated over the years through continued support and funding from the City Council, including the creation of the non-profit organization (PA'I'V) to program the public access channel. The proposed language is very broad so as to leave Council the greatest flexibility in allocating access funds, without jeopardizing the continued receipt of those funds from the cable company, over the entire ten year term of the franchise. The mix of funding for all local access programming is determined by Council, with recommendations from the Broadband Telecommunications Commission. The language proposed preserves the broadest latitude for Council in that regard. If Council desires to demonstrate in some more specific way its continued support for public access or for PATV, we strongly recommend that you do this in a manner other than changing the language in the ordinance orthe franchise agreement. This agreement is a tool which the City can use to exercise some control over the company's performance, as well as to ensure that 2 certain resources are made available to the community. Allocation of those resources should be addressed independent of the franchise. Certainly, the new agreement to be negotiated for public access services represents one opportunity for Council in this regard. Adopting some sort of intedm resolution in support of public access is an additional step which could be taken. NO REFERENCE TO TCI IN THE FRANCHISE AGREEMENT - Cablevision VII, Inc. is the current franchise holder and renewal of the franchise is with that same entity. 'TCI is a parent company. While the parent company has been the most visible (TCI and, before that, Hedtage Cablevision), Cablevision VII, Inc. is and will remain the franchisee of record. ADDITION OF C-SPAN II - The City cannot require that a specific service or channel be provided as a condition of franchising. However, we can encourage the company to provide that service. In addition to forwarding requests and referring individuals to the company, the City could can make direct requests as well. KEEP PUBLIC ACCESS INSULATED FROM POLITICAL PRESSURES - It is desirable to keep public access a separate, non-governmental function operating at "arms length" from the City. This is the reasoning that prompted inclusion in the transfer of ownership agreement between the City and Heritage Cablevision of provisions for funding of a pdvate, non-profit organization to assume the operation of the public access channel from the cable company. This concept was originally initiated by Drew Shaffer and we strongly support its continuance. PATV CAN DO PRODUCTION AT LESS COST THAN GOVERNMENT EMPLOYEES - This may be true in some instances, depending on the mix of paid staff and volunteers involved in a production. Regardless, the City should retain its options to ensure that all types of local access programming can be accomplished without risking the loss of funding from the cable company at any time during the next ten years. The franchise agreement is a long-term document which attempts to secure funding for access in any eventuality. 3 PA'I'V NEEDS MORE CHANNELS - The new agreement provides for increased channel allocation based on future need as triggered by the amount of new programming on the then existing public access channel(s). THERE ARE SUFFICIENT GROUNDS TO DENY RENEWAL OF THE FRANCHISE - Denial would result in lengthy and costly litigation with unknown results. Our consultant has advised against that alternative if an acceptable renewal agreement could be reached. Based on that recommendation, and in consideration of the dsks inherent in this type of litigation, we believe that the consultant's recommendation is sound and should be followed. 10. LIMIT THE AMOUNT OF PROFIT (OF THE CABLE COMPANY) - Local rate regulation based on percent of return on investment is no longer permitted by federal law. This could only be accomplished if the cable company were willing to voluntarily agree to such regulation. They made it very clear from the outset that they are not. PROVIDE THAT FAILURE TO CARRY OUT ANY PROVISIONS OF THE AGREEMENT IS GROUNDS FOR DENYING RENEWAL - This represents a very stdct standard to which the cable company was not willing to agree. It is commonly recognized that the law allowed them some flexibility in this regard. We have attempted to define as cleady as possible what will be required of the company under the renewed franchise, and have included specific liquidated damages in some instances. It will be incumbent upon the City to monitor the performance of the franchisee and to provide for proper documentation and notification in the event of non-compliance. We intend to do this, and have advised the company of our intent. BUY-OUT PROVISION AT END OF THE FRANCHISE - We cannot require this of the company and they are not willing to agree to such a provision as it would seriously erode their renewal rights granted under federal law. We tded! 11. NO CHARGE FOR CITY SERVICES USING THE FIBER NETWORK - The company was not willing to make such a concession and we cannot deny renewal on that basis. 4 A portion of the capacity in the rebuilt system will be made available to the City upon request for its own uses and the cost would be negotiated if and when we opt to utilize that capacity. 12. 78 CHANNELS NOT ENOUGH - The system designed is comparable to those being constructed in a majodty of cities today. It is upgradable to 100 analog channels and digital compression technology will increase that capacity fourfold or more. We are confident that upgrades will occur if the company is to remain competitive in the market. The agreement guarantees digital technology for our local system if it is introduced in comparable sized cities in Iowa. 13. STATE-OF-THE-ART DEFINITION - It is not possible to define state-of-the-art in terms of future, unknown technologies. We have attempted to tie it to other systems (see #12 above) to ensure that iowa City will not be left behind technologically. We feel the best way to ensure state-of-the-art is to provide that new technologies will be utilized here within a reasonable amount of time after they are introduced in comparable jurisdictions. 14. ONLY 40% OF SYSTEM UNDERGROUND - The cable company must comply with the same local regulations for undergrounding as all public utilities. 15. FUTURE SPACE FOR PATV - This is an issue which will need to be addressed once funding has been secured and the allocation of those funds is considered. It may involve the Library as well as the City and PATV. 16. SENIOR CENTER (SCTV) SUPPORT - Making more Senior Center activities available to the broader community is certainly a part of the enhanced community programming effort proposed. What form support for SCTV takes in the future will be a product of resource allocation decisions to be made by Council. Note: It has always been the intent of staff to meet again with the programmers of all the access channels to discuss needs and the best allocation of resources, once those resources 5 are secured. Hopefully we will be able to come up with acceptable recommendations that will reflect the same cooperative spidt in which the access programmers have worked in the past. This will hopefully answer questions you may have based on the input from the public hearing as well as written correspondence received. Please contact one of us if you need further information or clarification. We would be pleased to meet with you individually if you wish. Copies of this memorandum will be sent to each person who provided either verbal or wdtten comments. City of Iowa City MEMORANDUM Date: October 19, 1995 To: City Council From: Karin Franklin, Director, Planning and Community Development Re: Floodplain Management Study Nearly two years ago the staff brought to the City Council a proposal for a study to evaluate our zoning regulations as they pertain to development in the floodplain of the Iowa River. The Council directed us to proceed with that study. The work was dependent upon obtaining from the U.S. Geological Survey a record of the 1993 flood event. The purpose of obtaining that record was to determine whether our current floodplain boundaries were accurate since they are calculated and not determined by flood events. With knowledge of the accuracy of our floodplain boundaries, we will be able to more precisely evaluate the impact of any change in regulations on potential development and whether we would in fact enhance our protection of the floodplain. Information regarding the 1993 event has taken a very long time to accumulate. The USGS was reluctant for some time, approximately one year, to release the data they had. We still have not received final data from them. The Public Works Department is in the process of contracting with Shive-Hattery Engineers to delineate new floodplain boundaries within the city based on the preliminary data. We hope that work can be completed by next spring. At that time we will have the information we need for our floodplain management study. With discussions of the Sensitive Areas Ordinance, there has been mention of a need to reevaluate our floodplain regulations. We should be able to get into the substance of the floodplain management study and reevaluate our regulations upon receipt of the floodplain lines from Shive-Hattery. Those lines will not be officially approved by the Iowa Department of Natural Resources and the Federal Emergency Management Agency for another year after Shive- Hattery's work is done. However, we need not wait for that official designation before we begin our work. Although it has been some time since we have felt the impact of the 1993 flood, it still seems prudent to pursue re-evaluation of how we control development in the floodplain. If you have any questions regarding this study, please feel free to contact me. CC: Riverfront and Natural Areas Commission Planning and Zoning Commission Stephen Atkins Chuck Schmadeke Rick Fosse City of iowa City MEMORANDUM Date: October 27, 1995 er~ To: Steve Atkins, City Manag From: Douglas Boothroy, Director, Housing Re: Disposition of 1926/1946 Broadway After a 10ng, difficult process involving many HUD obstacles, I am pleased to inform you that HUD has approved the disposition plan for 192611946 Broadway Street (see attached letter from Kevin E. Marchman, Deputy Assistant Secretary). 1 also wish to recognize the efforts by Mr. Joe Vintrone, Deputy Staff Director of Representative Jim Leach's office in this matter. Mr. Vintrone was extremely helpful to me in moving this matter to positive resolution. The disposition process for 192611946 Broadway can now go forward and does n~)t require further review by HUD. I will begin preparing the necessary documents to meet the statutory requirements for disposition of publicly owned property and developing contract of sale with HACAP. All documents will require ICHA/City Coun.cit approval. ~E~I' 8Y:202 225 66~ THE A~STAI~T ~IiGP, EI*ARY puip,.ic AND I~,OIia HOU~t~ Walhmg~e, O.C OCT 2 ~ ~ Dear Disp~itt~ Pronessin~ Cents~ on July 21, 1995. We ~ ~so ~ep~er ~, 199S. 'Becauze of concerns t~at ~ I~HA's application ~id not meet the e~a~uco~ ]usti~i~ation ~or d~oli~ion or O~fice of ~e~ Cou~el ~s r~iew~ t~e Application ~0 ~m ~Ce~ OC~O~r ~4, 1995, ~he Office of $~a~ l~ dete~ti~ that ~ a~lication i~ app~le. dispose o~ the 18 ~,n!ta at 1926/1946 B=~y ~ree~ Co the ~a~ye ~ea C~%~,~F ~tlon pxogr~ at not les~ Ch~ Yair ~rke= Value for use ~ inter~ housin~ is appr~, ~th ~e ~s~a~a-~tn~ ~hat the pr~asds of sale ~ill all ~o to p~vi~n~ for ~ to 18 l~-inc~ ho~i~ ~its for rmplac~nt. ~4~prov~l o~ your Ap~licati~ is bmaed on tim Departmen~,e undaz~tandin~ o3 your application as outli~e~ in the enclosed ~ra~um ~rom ~e to t. ae Iowa S~ate Otfice. The IOWa 8cace Office ~as been infozmed oE ~his appro~l an~ sta~ is a~il~le to pr~de ~y ~ec~i~l ~sist~ce n~ces~ ~or your a~ ~o proceed with ~sposi~ion ~f ~e ~s, ~ d~elo~n=/ac~isi~ion o~ 7ou~ new p~1tc housin~ aBen~ is re~i~d ~o in~o~ the Io~ State Office of ~ status the ~jecC, (i.e. ~lays, act~ ~i~oai~ion or other ~1~). ~ th~ ~po~iti~ ie c~leted, please ~C a re~o~ tO ~he Iowa Stats o~ice c~i~a~ ~e actA~ ~ ce~ifyin~.c~li~ce wi~ ~1 appli~le re~ir~n~s. Fti~ SENT BY:202 225 6635 ;# 3/ 3 2 MEMORANDUM TO: FROM: RE: Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police RAGBRAI GRANT DATE: October 25, 1995 The Des Moines Register and RAGBRAI awarded a $1,500.00 grant to the Iowa City Police Department to assist the department in a Bicycle Safety program. The program consists of Bicycle Rodeo's at various schools in our community. I expect to work with the Safe Kids Committees, Safety Village, Mercy Hospital, Iowa City School District, the Noon Optimists, and perhaps a bicycle club, if at all possible. The plan will be to do the Bicycle Rodeo's in April '96, if weather permits, May, June and September of 1996. The expectations are to utilize the grant, as well as any other funds which may be forthcoming, for the purchase of helmets, bicycle lights, reflectors, and other equipment for safety. AR~'S CE~."ER AHD GAU. ERY. 129 East Washington Street · Iowa City, iowa * 52240-3925 · (319)337-7447 RECZ:'. Z.) uC i' Rene Paine, Director PATV 123 S. Linn Street Iowa City, Iowa 52240 October 20, 1995 Dear Rene: Just a note of thanks for the excellent job your staff members, Mark Wiles and Matthew, performed as workshop teachers for ARTS Underground, ARTS IOWA CITY's summer program for children and adults. The one week course they taught for us last summer had the highest ratings of all our classes, based upon the written evaluations of the children and parents who participated in the class. We hope to work with you again this summer! We really appreciate the importance of teaching youn~ people to express themselves in all media. We believe it is very empowering for them to understand the process of how television is created, and to know that their voices can be heard. PATV provides a very, very important public service and we strongly support your efforts. Sincerely, Dianne Kaufman Coordinator cc.' CQil me~ To: ZO~ CITY CLERK Fro=: jo hogarty Johnson Count,* Charles D. Duffy, Chairperson Joe Bolk¢om Stephen P. Lacina Don Scbr Sally Slutsman 1. Call to order 9:00 a.m. BOARD OF SUPERVISORS October 26, 1995 FORMAL MEETING Agenda 2. Action re: claims 3. Action re: informal minutes of October. 17th recessed to October 19th and the formal minutes of October 19th. 4. Action re: payroll authorizations 5. 9:00 a.m. - continuation of October 12, 1995 Public Hearing on the following Plalfing Application: 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. in Johnson County, Iowa (Th/s ~s a 2-lot, 34.94 acre, residential subdivision, located on the southeast side of Sugar Bottom Road NE, 1/2 mils east of its intersection with Mehaffey Bridge Road NE in Newport Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 3566000 335' FAX: (319) 356-6086 To: IO~ CITY CLERK Fro=: ~o hogarty 18-25-95 8=31aa p. 3 or 3 Agenda 10-26-95 Page 2 6. Business from the County Auditor. a) Action re:permits ( '~ b) reports '-' " Action re: ' -o "' 1. County Auditor's quarterly report of fees collected.r.-~~ 2 C1 rk s Septemb thly rep ' ' " · e ' er mon ort. c.--7...~ 7. Business from the County Attorney. a) Report re: other items. 8. .Business from the Board of Supervisors. a) Motion authorizing Chairperson to sign Grants-To-Counties Application for FY 97 for Iowa Dep&rtment of Natural Resources in the mount of $28,998.00.. O'his is for selecting wells for testing, plugging or rehabilitation will be on first-come first-serve basis when requests for Grants-To-Counties services are received by this departmere from John.qon County residents.) b) Discussion/action m: informal and formal meetings for the week of October 29th to be held on November 2nd. c) Other 9. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. c) Report from the County Attorney. d) Other 10. Adjournment. TERRY I~ BRANSTAlL ~0v~'n.~cm 0c~o~er 2], l~ P.E32 DEPARTMENT OF' NATURAL Charles I. Schraadeke Director of Yublic Works Cit~ eliown City 410 Ea.~ W~hlll~ton Street Iowa City, IA 52240-1826 $UBIECT: lqPDES Permit Schedule for wastewater improvements Dear l~r. Schmadeke; ! am raspondh31/to your letter proposing a r~vised schedule/'or Iowa City's wastewater proveraants. In disk.ohs and DNR review of a Design Outline submitted by the City in 1994, the department had proposed to use a schedule consistent with that in the City's Desil~l Outline as the compliance schedule to be included in renewed NPDI~S p~tits. As you recall, permit amendments were proposal in 1993 and EPA had objected to the lack era compliance schedule. Coordi~tiu8 with the city, the department sought the oi~'s schedule to propose in a new drat~ permit. Th~ City's permits expired e~.rlier this year. We are hopeful to proceed with the issuance of renewed NPDF.~ permits soon. The City has now requested consideration o£ a revised schedule, The earlier schedule proposed compliance with final limits by November 1, 1998. Your revised schedule proposes compliance by Aul~t 1, 2002. Your letter explains how the City is faced with coordinaling nearly 1100 million in construction activity in the next few years for water ~nd wastewater projects. We acknowledge that this is quite an undertaking and th~ the size of the wastewater project alone is a major project and a ~ree-year constru~ou period n~y not be practical from a physical or financing standpoint. Perhaps this had not been thoroughly evaluated prior to the Design Outline submittal. In considering a r~wi~.,d schedule, we ~d we can accept adjustments but cannot extend the schedule ~o the yea~ 20011 for compliance with ~al limits. Our consideration is ba.s~i on the following: 1. Compliance by year :1002 wouM exceed ~he duration o~' a renewed 19I~DE$ permit. Therd'ore, compliance would not occur within the permit term. EPA will only approve NPDtlS permits without ~mpllance daes for tin~l limits when there is ~nother enforcement document con~nin8 a legally enforceable schedule, such as ~ administrative order or court order. lqei~her has been proposed by the DNR for Iowa City. WAU,,ACE 8'rA~ OFR~ BUIL01NO / I};~ UOiN;& iOWA .~hll§ / SiSal 41451 TOO 616.I}41~.59671 FAX 51 2. Although the siiznlficance of the project costs were presented in the Clt~'s l~tter, The information requested in Dl~'s Guidance on Prepstin§ a Plsn of Action to j~tif~ all extended compliance ~hadule was not preented. This guidance was included in our March 8, 1994, l~ter to you regarding the NPDES compliance sch~uie. It may be advisable for the city to review the financial capability worksheet in Section III of that 3. Some opfunizaion o£~reatment includin$ ammonia reduction will bc possible once the corridor s~ver is compl~ed. This should enable improved or,all ammonia reduotion evezt before ti~ final compliance date. We note ',he city has proposed the corridor sewer construction in the initial project phase. A cons~,ruc~ion permit has already been is,sued (Au~s~ 1995) for the co, der sewer. T~is is ahead of the proposed schedule. 4. Plans and specifications have been received for South Plani improvements. No specific j~tification r~lated to physical capability was presented delaying tiffs construction until the year 2000. Ai~tielpagng that a schedule adjustment and d~ait perrnit can be mutually atrial upon by In,usry 1, 1996, we are r~uasting the city revise its schedule to include compliance with ~ e.t~luem liftaliens a.s soon as practical but before Innusry 1, 2001, the approximate date of expiration era renewed I~PDES l~rmit. It should be noted that arly schedule must pass EPA scruthly a.s they have oversight on issuance of all major permits. However, evidence of negotiation of a practical schedule is usually adequate. If there are other concerns about the contents of a new permit thai still exist since our March 8, 1994, leiter~ respondins to your luiy 126, 19913, letter, these should be resolve. I~ a related mailer, a construction permit application for major pumping stations as well as pl~t improvements is under r~iew. Should the projec~ be broken into phases for construction, perhaps the ci~ would like to submit the plans and specifi~tions in so lions to ~aable tZ~l~aXate construction permits for each which ~ould reviewed in i~ more timely order. '1 I look forward to finairing draft peafits for Iowa City as soon as possib o. Sinceely, Darrell Me~dllster, ~'hiJ~ } ' Water Quality lSur~au cc: DNR. Field Office No. 6, Washington, Iowa City of Iowa City MEMORANDUM OATE: TO: FROM: RE: October 31, 1995 City Council City Manager Material Mailed to Council Members Only Memorandum from Mayor Horowitz regarding the presence of the U.S. Army Corps of Engineers in Iowa City. Memorandum from Jim Glasgow regarding environmental lawsuit. City of Iowa City MEMORANDUM Date: October 31, 1995 To: City Council From: Susan M. Horowitz Re: Presence of the U.S. Army Corps in Iowa City Last week I received a letter from Colonel Charles Cox responding to previous correspondence from me which welcomed him to his new command, asked what were the latest Corps activities in the area, and offered a tour of the area to give him a better feeling of the land. Attached is his letter and, as you see, he accepted my invitation, to wit, "I'm coming Monday, October 30 at 1:00 p.m." On Friday, I sent out the attached FAX and this afternoon all parties (Rick Dvorak substituting for Charlie Duffy and minus AI Axeen) got together to put faces to names, do a half-hour briefing on the '93 flood and then take a 1½-hour tour of Iowa City/University of wa/Coralville affected areas. The objective of this gathering was kept purely social and the tour was informative of "war" flood stories and location of mitigation or planned projects. Rather than have this be a large public gathering, the Colonel and I mutually agreed to having this be the base upon which to build future briefings for, say, the Coralville Dam Study later next year. At that point a joint Iowa City/Coralville meeting might be located at either public library. I appreciate the willingness of staff to rise to the occasion and especially thank Rick Fosse and Terry Trueblood for helping show the Corps Iowa City hospitality. cc: Rick Fosse Terry Trueblood Attachment 33 0 City of Iowa City MEMORANDUM Date: October 27, 1995 To: Colonel Charles S. Cox, U.S. Army District Engineer From: Susan M. Horowitz, Mayor, Iowa City Re: Briefing and Tour on October 30, 1995 We are looking forward to getting together with you, Gary Loss, Assistant Chief Engineer, Martin Hudson, Director, Planning Division, and Clarice Sundean, Project Officer Section 216 Study on Monday, October 30 at 1:00 p.m. in the City Manager's Conference Room, Civic Center, 410 E. Washington Street. Following that briefing we will take you on a tour of the Iowa City/Coralville/University of Iowa areas historically and potentially at risk from the Iowa River. By no means will this be an in-depth tour, but merely one designed to give you a lay of the land. I have taken the occasion of inviting people I think you and your colleagues either know or will be meeting again over the next few years. They are: Charles Duffy, Chair, Board of Supervisors, Johnson County Robert Carpenter, Sheriff, Johnson County AI Axeen, Mayor, Coralville Kelly Hayworth, City Administrator, Coralville Dan Holderhess, City Engineer, Coralville Rick Fosse, City Engineer, Iowa City Ed Moreno, Superintendent, Iowa City Water Division Terry Trueblood, Director, Parks & Recreation, Iowa City Karin Franklin, Director, Planning & Community Development, Iowa City George Hollins, Associate Business Manager, University of Iowa Richard Gibson, Director of Facilities Planning & Administrative Services, University of Iowa See you on Monday. Planning Division DEPARTMENT OF THE ARMY ROCK ISL^ND ElISTRICT CORPS OF ENGINEERS CLOCK TOWER BUILOING - PO BOX 2004 ROCK ]SLANO. ILLINOIS 61204-2004 October 16, 1995 Honorable Susan M. Horowitz Mayor of Iowa City City Hall 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Mayor Horowitz: I am writing in reply to your letter of September 7, 1995, regarding the Corps of Engineers initiatives proposed and underway in the Iowa City area. As you are aware, an Initial Appraisal of the conditions surrounding the 1993 flood was completed in March 1995o After reviewing the data, my recommendation was to request funding to conduct further investigations under the authority contained in Section 216 of the 1970 Flood Control Act at Coralville Lake and in the downstream corridor. Our current budget request is to initiate a Reconnaissance Study in Fiscal Year 1997. The Reconnaissance Study is 100 percent federally funded and would take about 12 months to complete° A newsletter about the Section 216 study efforts should be distributed soon to Federal, State, and local interests. Subsequent to the 1993 flood, the Rock Island District took several steps: (1) Flood damage surveys were conducted from Coralville Dam to the mouth of the Iowa River; (2) Water surface profiles of Clear Creek were developed; (3) In cooperation with the U.S. Geological Survey, we installed water level warning devices at existing stream gages on Clear Creek, Rapid Creek, and the Iowa River in Iowa City. A new gage to measure the water level height was also installed on Clear Creek above Tiffin, Iowa. These enhancements to our network of stream gages in the Iowa City area will provide advance warning of flash flood events on tributaries entering the Iowa River below the reservoir; (4) A Standard Operating Procedure (SOP) for operating the Coralville dam in the event of flash flooding was coordinated with local entities and adopted by the Rock Island District to minimize negative impacts in Coralville and Iowa City caused by this hydrologic condition; and, (5) In 1996, channel surveys of the Iowa River from Coralville Reservoir to the mouth will be conducted. -2- The University of Iowa Institute of Hydraulic Research proposal for the Iowa River watershed you referred to in your letter is titled ~Comprehensive Flood Impact Response Modeling Study (CFIRMS).' Although this office has coordinated the CFIP/~S proposal with the University, to date it has not been funded by the Corps of Engineers. I recommend you discuss the current status directly with Professor Weirich. I accept your invitation to tour the Iowa City area with you. I have set aside the afternoon of October 30, 1995, to come to Iowa City, hoping that date is also convenient for you. Please discuss the arrangements for the tour and what preparations I can make prior to the visit with my Executive Assistant, Mr. Larry Jones, telephone 309/794-5298. Again, I appreciate our continued communication exchange and look forward to our meeting. sincerely~ Colonel, U. S. Army District Engineer Copies Furnished= Mr. Chuck Schmadeke Director of Public Works City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Honorable Allen Axeen Mayor of Coralville 706 Tenth Avenue Coralville, Iowa 52241 September 7, 1995 CITY OF I0 WA CITY Colonel Charles S. Cox Department of the Army Rock Island Distdct Corps of Engineers Clock Tower Building P.O. Box 2004 Rock Island, IL 61204-2004 Dear Colonel Cox: This summer's drought, as you can expect, has this city longing for rain. However, the heavy rains at the beginning of the summer set many of our citizens on edge with the potential of a 1993-repeat flooding. And so, while I am sure that the Corps' operating procedures have been adjusted and refined for flood control since 1993, I would appreciate your letting me know what is planned for the future. Also, since I am aware of the interest the University's Hydraulic Institute, and specifically Dr. Weidch, has in working with the Corps, I'd like to know what progress has been made to get that study moving. Please let me know if your schedule could include a briefing and tour of Iowa City. I would be delighted to arrange something for you. Best regards, Susan M. Horowitz Mayor CC; Chuck Schmadeke, Director of Public Works City Council actg*$ sa2 Iowa City Council October 27, 1995 From: Jim Glasgow For your information: ,~,.,, ~,, ,', J0~ During preparation for one lawsuit defending my property against you and your administrative henchmen I discovered the following facts: 1) There are seven documented archaeological sites on land purchased in connection with the water project. 2) Some of the trees in the woodland areas on the water plant site are 150 to 300 years old. 3) The Butler home was built during the mid-1800's. The planning department has a report by Collette Pogue detailing the significance of this buildinq and site. The home meets all four criteria for the National Historic Register. 4) The water project site contains woodlands, wetlands, floodplain, sensitive soils, rock bluffs, archeological sites and great potential for significant archeological discovery. 5) Federal money was used to purchase the alluvial sand well field west of the Elks. Under federal law a cultural resource check is required. As Atkins moves as fast as he can to a point of no return on the water project, with trucks and drilling rigs make there way across this "sensitive" area, all of you sit back patting yourselves on the back for being so environmentally correct. Obviously the Council feels it is in the "public interest" to move this project along and not get bogged down with a bunch of environmental studies and poking around by archaeologists. If you wonder why I have a healthy disregard for the rules you make for everyone else look in the mirror. Jim. Glasgow Enclosures: - Butler hoube report - Archeological map with sites 283-289 - Picture of Oak tree near Butler house - Settlement letter feet in diameter The butler Brid~e House For years I have been fascinated with the old hgus~ on the hill to the left as you cross the bridEe over th~ Ibw~River on the way to River Heights° It stands like a sentr~ f~om the past. I wonder what a story it might have to tell u~?. ' - Four years ago, in the middle of winter. I went~0 the house because it was for sale along with a considerabIe piece of land. The house was in fairly poor condition and open to the weather. It continues to stand, a mute observer of the hectic race to develop the beautiful wooded areas surrounding it. Many changes have occurred since it was built° The area seems to have been a major crossing point of the river since the beginning of Iowa City in the 18&O's. A Government Survey Plat Map shows a ford crossing the river at Lot 8 of Sec. 33, TWpo 80 No, Ro 6 Wo of 5th P.M. This was in 18~4 or earlier. It was a ferry crossin~ as far back as 1852 when-Mm. Martin Montgomery petitioned "for license to run a ferry near his steam saw m~]] on the river in township eighty, range ei~, section thirty-three. This section is now partly in Penn and partly in E~st Lucas, and the point mentioned is not far above the village of Coralville." "Bridges became possible soon after this date, 1853, and ferries at the principal points were first displaced~" 'Fnat does the name of Montgomery have to do with Butler? And so develops the puzzle of unravelling the history of an old house! The first Butler I find mentioned in Johnson County history is Walter Butler. He built the Butler~s State House, meeting olace of the first Iowa Legislatures until Old Capitol was finished. The building was later moved and then was a tavern. "kmong the first acts of the county commissioners after assembling in Iowa City was the granting of trade licenses to Asaph Allen and Walter Butler, who were permitted to conduct taverns in Iowa City by the payment of thirty dollars in fees." Walter Butler was married to Elizabeth Galbreath. They had si~ children, -- ~oVan Buren, Newton~ Mary Margaret, Thomas W., John ~, and By now you must be wondering, '"~ell, just which Butlet's was the Butler house? Was it Wal~er and Elizabeth's? No, don't think so. They lived in a house in Coralville by the dam and power plant° Walter Butler died in lB&4 while holding the office of sheriff. Elizabeth lived there a while with her children and her son, John Walter, was born in 18~4, the same year in which Walter died. About. 18~3, she married a local man by the name of Martin M. Montgomery° Elizabeth Butler then became known as Elizabeth Montgomery. "Surviving her husband, ~[rs. Walter Butler was o~ of the most widely known women of the pioneer dayso" '~4r. Gilbert }~o Irish, who has written the pioneer history of Johnson county, has Kiven this venerable woman a tribute in relating her kindness of heart, piety, and ready s.vmpathy for all." ¢ · ~urvlw!~g her husband by many years, Mrs. Walter B~..~.'-:'~ was one o[ tile tn,)~t widely known women or' the ion -°"tler'~ "~tate [~o.~ ,, .... . p eer~ PIONEERS AND PIONF~ER EXPERIENCES buildings in Iowa City, was built by Walter Butler, and he kept a tavern among ths first established in the city. He was an early of~cial, being the county sheriff, and dying while holding. that office. But of the woman who shared his pioneer days one ' finds the following tribute at the time of her death ia 1888, at the home of her son, J. W. Butler, in Lucas township: "Around her table sat the pilgrims who had chosen this as their land of promise; cheered by her kindly greetings and ¢ar~t for by her akilful and willing hands, many ~ homeeiek wayfarer blessed the day that he east his lot within the in- fluenee of this good wife, noble motiter, and kind hearted friend.', At the time of her ,loath Mr. Gilhert 1L [fish, who ~as a boy in U~ose pioneer days. said: "The memories off my early ehihlhoo, I h,-in~ t- ,.. the arst in,pr.ssions of my f6end. In those ghmmr,htvz the ebo. r~u s niles and pleasant a'ards of the w,.nan who e,.hm.d th. h.tt Isl s of trnnt,er life ~ithout a.mr.,ur.~av. t,, th. r,.qpioo~ a ~low ot' kindly feel- ,he that timo';.:,,,,,,,~ .fiat.. M.,.b is said aml ~'ritten ~f the mon, their d,m, ls ,,l' hr:tverv. ki.,llv a,'ts a.,I rmnarkal)le in- I°~ty, of the l,i,,.,.,,r ,lay~. h.t th,.',. is ~'~t a hri~btor page ,n the lives .f tl.. ~riv.s at.I .t,Hl.,ra of'that I,m.~ ago. Of these ]l~roinpN w;IS I~v J'rh,ft, J. To Olllllllpr:Jtp all h,.r virtues no~ ~onhl Im h.t. ,.-hi trihHh. ,,1' ;t J'riPlhJ h~ om~ who has ao FERRIES AND BRIDGES and no ferry had been established titere until James Justus petitioned for a license iu May, 1853. It was granted the first time for three years under the usual restrictions, but a special privilege was given this applicant in his being allowed to ex- pend Iris {iceuse fee iu improving the roads leading to his ferry. Hc cou}d not build much road on five dollars a year, the entire amount of the sum provided from his {iceuse fee. James Cottrel[ operated a ferry on the Iowa river where the Fester road crossed the same ou the way to Cedar Rapids. He W'a~' allowed to improve the approaches in the same manner as James Justus '" which suggests the enlarged idea of road improvement. The granting of ferry licenses became less frequent fro,m..~ 1852, due to the longer term of ]icenee and to the fact of supply having equaled the demand. Occasional requests were made for accommodation ferries, as one might call them, at places of only local passage. Au illustration is the petition of Martin M~-' Montgomery for }iceuse to run a ferry near his s a~w. .,ill ou the river iu to~ruship eighty, range six, secf~on thir~- _thr___~_ This sdc~ i~ ~ow p-~-~-~]-~in Penn and partly in East. Lucas, and the point mentioned is not far above the village. of.i Coralville. A second case of this nature is the ferry. estab-~. ished by James Cavanagh ou the north line of the county? where tl~e Cedar river leaves Cedar township and passes into.,~ Linn county, on the section between two and three of the abo.vq] township. This was to accommodate customers of a certai_~, stone quarry near by.'" ~ ties at the principal points were first displaced. During the time of "ferD' history"in this county, the same experiences were found in adjoining territory. All the mail routes must depend on the Ferry or for,ling, and there were times when tile latter was impossible. D,,ring the winter seasons the ice was safe enough, anti on occasions, as Joseph Albin says, "they had to break connections at tl,e streams, taking passengers over and {caving teums to return to tile starting point, while otller teams met the trayoh,rs on tim opposite suit. We have no m,,ans of pi,'turing the scene that was presented to th,~ onh)ok(.rs wh,.n tim first steamer appeared on tilt. Iowa river in ,]'line, 1.441. It a,.,,ms to have como witho.t any pre- "· 77 ,.q 1.49 ...... o.,8 111,'~'I'L~RY ~;l.' J~IINIfIjN COUNr¥, B)WA. mt.~t uf .\l r. [¢ulmrt.~'s 111tl*11, a Illill: filial a quariot froIn tim riwn', a half mile w~.at aml a mile and a quarter ~outb uf the old Iraroe. ut~.ml in 8e,'ti,m 27. In m~rly dayu when lm and bi~ hrother Da~d,.l w.t'~ a~..mling a hill tim latter beard a peculiue noi~e l,,:hln, l hha un,I warned Charl[.~ that a lump snaku wa~ ,:lose by aim ~lm7 bad b,,tt,.r ~,.,.k ~heltur. The snake [m'nmd itselt' into a btmp and 8trm.k a true lictor where they were. It wau a cur. ions fact that the, true died soon afterwardu. 3[r. ~barts has ~een forest fires riva mih,s in lenbqh. In early days he wore jeans aml other homespun garments. Ilia sister, Mrs. Mary Paintin, a~ve mentioned au the neighborhood weaver, fash- ioned him a uuit when he was in his teens~ the sewing, whiek was beautiful hand work, testifyleg most eloquently to her skill as a seamstress. Ilia first real shit was his wedding suit of clot}ms, made by hand by his sister. Mr. and Mrs. Robarts are Methodists and in politics he is a strong democrat. He was one of the best road supervisors who ever served in that office in Madison township. His work has ~en highly satisfactory and has been of much greater ex- tent than usually done by others. IIeand his wife have a ho~t of friends, being very well known, and have always taken an active pa~ in local affairs. Whey are much interest,d in any- thing affecting the general welfare sad ready to give their in- fluence on the side of what they believe to be right and just. Among the veterans of the Civil War who are deserving of more than pasuing mention may be included the name of Mar- tin Van Buren Butler, who served in the gallant F:fth Iowa V,lunteers. He was born in Henderson county, Illinois. Feb. mary 14, 1837, son of that venerable pioneer, Wal~r Butler, I'~L()(;I~.\I'111 .,\1, , .... ..,~,: l, (' ~ .j.,.I ~.Pt('ni[)(,l', lS;l!}, th(,}' IIl()¥('d Ill I,m':t ('it}', ],re'iT, hnmJut, Bn(I Ili~ dl,;JlJl (}l,l,11rr(.d in thnt phu,p i~ ~]~. l]11[Jl~l· z,rl,~.ti,d ~hp i.njJill~l Inlihli~ ill Ix~l, IL~bm' hdJl~l'io[l~lF ~iji. Sll~'l,lJ J))' hmld. 'rim b~ il( ~'Jll,~sll)llt.'s ,Jl-n~ sic)to luld lhc, 1,11[i-811(.i, Jl] ~ll~t.l)Jl stft, gL SOilIll of ('.ll,,xr, nlld. IlSpt] ~or IIn ~lJll~ illld lhe pnhlie.spJ~Jl~.d ~J,llo~'.~.ilJz~11. ~'Jlll(,l' iJlllh,l., r~,mlb- I',,~' 11., " ~eSl)e(:[ For his m.l~-it? ill lh~ 'J'ho widnw .r X~'nlt~,r I1~lth,u sm.viv~.,I IlJllt iii;111}' passed ~w~)- .J;tllllllr)' IN, I.qN~, nt fh~ sJlJll~ ]-psi,l~,~..~, Jew's T.~nLl~n~, wlu,rp sill, hmJ ~-~,lniJv{,d I'rnl~l th[, pr,.<[.111 ~lh. nl' : ll[,rs amJ nip[ JlJl fill. vi~.i~sjhl.h.s ~)1' pJ~l~J.~.l- liF~, wilh ~n,l lln~&l[orJll~ I';lilh J~l t1.. I'~lhli.{, ~1' tim i'~,~i,m. ~lr. I;Jlh,.ll lb', Jm~ ~Jvl.n lh~s vl.n~.r;dd~. ~¥11Jjjjjjj [j Ir~lmh. ill I'~.htlJtt'~ ht.r w~,J~w~.d iil~HJ..l';llld h~.l'.lht.l'lJll'l,l,t. hJr.11. ~l;11')' ~J;11'~:11'l.I. .S'I.I~. Jl~.l..l~-~: .J,din ~¥.. ,,1' ~'~.~I l, i~.h. I'~.,I;li- ,"~lllll~: ~l~11'lin ~'JJlJ Illill, i, ill' IhJ~ -I.~,l,'h. ~l;11'v ~l;11'~;11'~'l, h;ul I- ~'limh I'r~m~ Ih~' h~.l Ihl'~,11~'ll I1.. ,Im,r ..~.- ~zl' IJli'Jl' ,I,,Edd,. h,~ h,,~l~,. I I,,.i,~ , ,..1~I ;1111~ ,,1' Ih,. Ill,l'lJl h:lll'l. ~,,ntgmm,.ry movv, I fl., ~,,uth hall' ol th. IoK huu~u ~h,ntgdnic. ry ~um. tim.. TI.: ul(~Et,~t~j~ ..,us. whert, she i~. ~tow ~tanding (191~), itlt illustrati,,n ot' wbiclLis t. h. in this work. 3it. ~1on~ss~y .o~vngd 18 acres. xy~lere~the stqLt~house was h>,:ate, I. . ' Shu'tin V. B.tk.r n,.~,iv~,,I a m,.a~,.r e,lueation in th~ pub ].wa Uity, with '1 homax liiek;.'d. Ih, hus b.un su~-~..ssfftll in this work and is a skilh,d Wol'kHi;m. (ill his h~.n.h in his shop inl'ol'l]tt'd l'(.Kat',lln~ th(. (,arly hi~l,)ry []t' his part .1' th~ illld iS t)llt' of the I..~t r(,ml ln{.u in hi~ ~-(nlmllH]ity. I[(, has a i)ra(,ti('ul mind aud i~ u~.t'.l aml iu'tiv. in the. (:oun('il~ off ,h. Hl.('rati~' party. Ih, hns I...u ,h.l(.;ute t(] ~'ounty and con- ~t'(.s~ioluH ro.v[.ntiou~ all(I ih ]]ll.'h illh']'-st(:d in puhlic' affairs. tUtl-I)- (:vvut~ in .[ohl~s,Ii [-mlHt)'. I..[t I'lttherh,~s at an ~arly 541 Imv~: .James ']'hom~ts. im)l~rh.[or ]h'am.h 'L'~.lvl~hm,. Compm~y. toarriod 11ah.n Y-~b.r an.[ thoy have ~ daughter. l.illy: Alhertns. }wad hi!lin~ ~.h. rk with th.. ~outhern lhu.illo R~ih'oad Compm~y Ik'os at ~a{.rmn(.,to. California; ][onry W.. is deeeasml and h,ft a widmr, two sons and a dau~htor, Allen M., Alhert, and ~',)ra W.; Nowt.n G., mnm~aer or Allfin meat mnrket at West I~ram.h. is lnarri.d and Ires three daughters, Orpha, Dorothy, and Wimfi~red; Cora B. ig the wire I,.~l,io, Illinois, and thoy have a son and a daa~hter, l{ohort a.,I Elizah.th; glma 5lay is tl(e wire ot Frank Horton, nf Fermimore, Wisoonsin, thoy have nn adopro,1 son, Fraok Shir- h.y; Elizahoth Ev.lyn is tho wifi. o~ Frank Corhin, editor and I,r. priotnr or the Wost Branch Time.% nnd [hoy hnro one Frank E.; Lotha Ann is th. wir~. ot Carl Ortnn, o~ Laneash,r, Wiseretain. and they have oho son, Richard W. / SION IIILI. Sion Ilill is the olth.st rosi,lont or 8eott township, .Iohllsnll ,.,rarity. in point of years spent th.ro, aml is familiar with evory hmne built in the township ainee his coming in 18:18. II,, was hm-n in North Carolina, Oetoher 15, 1$20, son of G'roen and Nancy (Sneed) Ilill, his parouts havin~ he(,n marri.,I in John. -t,m mmnty, that state. Th- llalll~' ha~ I'et'11 spolh,,I I lill t'm'm,.r sp,,llin~. The lino is as f. th,,rs: 8,.i,m..[anws..h,- -mh 1'.. William .~., N;m.is~a..Xn,h'.w .l.. (2). Wl,,m ~i.n []ill was al.mt h.n v,.:tr~ ,it' a~. his l,ar,'n/s r~,. m,,~.,l r,~.l,,ff-r~,m,'mmly. lmli;~n;t. [h. wasth,.,.hh.~t -1' *-Ifihh',.n. ,}r wh,mt liv(. w(,r~, ~,m.. H.. oth,,r ,.hihh-m~ h,.in~: h,wn~l,ip; William .~.. hm'i.,I i. 51;~r~hall ,'mlnfy; I},,, ,mlV dan~hh,r. d,,~-,.a-,.,I and hm'h.,I at W,.~I l.ihm'ty: ,h',.a' .hlekson. 11,. -nh' ~.hih[ h. rn in .h.llh.rsml ,.rotary. ,li:ma, ,liml in .h,l,nsm~ ,'rarely, I{:.l~n~, wl..r~, h,, is hm'i(.,I. ,,t' oxc.n. whic.h w,,r,, hil,.h,,,I h, a Inr~',. w;tz,,.. ;It lb,. till.. Ih,. I'nmily t';11111' hi Imvn in Iq:is. 'l'l,,-r*. w.r,- Ihh'h.,.u wn~.n> I. lrl lh,..hl h,,rn,'-,h.:i,l ,,I' .\l ,'-.. l'al l'i:-l;, lql,.li:ll, a[ 14 l';a.',J [JUt'- "'li::~l,m ~.[I'i.i.{. li,11;l ('il.s, r,'-.i,l,. l. lll. lhl-i.:. mtrvivi.a :la.xhJ,,r:s ill' lhli[ w:,ll kn::v,n l;",,,:':'r: .\ll':',l '['hi:Iiul.-, \\'nlt:,r lluth.t', ~l ll~*~o J"l';111[li."~ J J. I ):,~ll;111~Jll:l",.'.,.%, ;llid .'~l i.".' 'J'h:.r,..-,i: J':Jn,]llll. lu[:'rv.'ilin~ .lu:llh'r:4 ill Ill:. J~i:-.h:r~. ::I' J -'.:'li illul .i:d:li.-,m: i:ollllt}' iii't' ill[i,l'[wiln,d s.¥j[Jl Jill' :"q,:.:'h.:.':.~, .l' till, tJu':':. ::- .... Bm.k of tit. £m:ts which ,jusfit')' sueit a stub.re.hr. ns this, i.,.vit~d~ly, th~ru is the pr~s- e.ue off u.iqtm ired mustvl't'ul per~mlalitic's. I1: is the duty o~ th. m.ml.'iidist. and the bio.grald..r to draw bal:k the curtain .t' Time past. that lite eitizv....hil> of t:.lay and tomorrow may hnvu t'.llowship with these t:itiz.ns .f ¥v.st¢.rday .whuse ehur- al'[i'l'S alld tll'l'lls [laVe elltel't.d illtO and hl.t. OlUt. a part or' structure of ~'ivilizatio::. lfiippily. th. dusvl~l.lanta o[ the Famili:.s or' ~ohnson county rm~gnize tl.. friel.llin:-~s or' thi~ i.vasion, n:.l will be gratified, it is hul..,I. in thr r.eitul or' the m'tivities of tht. ir prog~mitors at.l ki.sfolk. Patrick Pht. lan. tl:o husb:u.I of Bri:l~::t Brophy Phelu., liw.l and di,.,l ,m his natiw~ suil .F Qll:':'n'> :'.Ullty. lr:.la.,l. Ills l)l'rsonn]ity i.ntcrs into th,, affairs .f .J,dms,m cmlnty ,mir tlu'.ugh th. vi~l}l'O.s wif. wire SUl'viv-,l him and th,. ,lu.aht.rs wh. earn. with th.ir wi,l.w~.,l m.tl..r t- .~ illl.l'~l.ll ill 1S4~. 'Flit' latt. r w~,re ~ix in illllllh. l' wlll.ll tl.. l'anlilV .ail,.d away from the h...tit'ul capital ~t' Eri. ,m thv g,m,l >hip I hlt.~il ,}11 t~illlll duy, I~48. 'l'h,~ Widow PIn.lal~ Im,I h,.r ~.hihh~.u ...h.rt-.k 81'dll~Jll~ Vl~)'Ugl' at tl.' i.vituti,.l .f h,'r hr.tl..r, wl.. had .h.t,.r- n,i.,.,I t. luakl. his IraIra' in t11,. ,..~v w.rld, and xxl.~ I..li,.v,'d tlmt hi. nist,'r ;..,I h,.r I'ath.rl,.-~ ~.1111dr.. ~s,,.l,I I.. aid.. mall. hvtt,.r I..;tdwax i. tl.. i,.,ttb. ,,1' liF,. in lh,. t'rim.llv Id..r~' s~l' th,' ~r-at w,-nl. Th,. { hll'n 'il 'n X'l,} lift" i'1'-III I)uhlln t,~ Olll'l' Ill '['illlJlltil, i ]llliIl'il', ~X h,'l'l' lh,'y -l:,'.l ,llll' .:lillllli'l'. r,'m.v,.,I r"umh..,I With I.,r _l! ,.;-I. lll.'~l~2, h'~ IJl-' .IfJIIN.N~J.\ ~'IJI'NTy. I'l.' c' i~ dr,.h -1' I';.~..I..r.I lh'i,l~,.~ I,r,,i,hv I%.la.. . ~'J"[~'~' ,~1' Ih,.~l. lqz'l~] ;tr',. ~IH I ~.,r ' , ..... .. I.,.I.,.I. ~,,I,,~ ,,I I' I';lll['l~ II. ~j:,,,,:,. (h'fh.rn~ hnvn ('[ly. .~lm'h.,'h.j-~eh,,.l w.r~ wn>,l.m. hl the ' ~~"""L'"/~ "7'/"'~""~", ~. Wns tlu,ir ]mille ~'ur [~vu }enl's. q'ln.rpnl'tpr they hutIt u 1110FU ;z I buil,li.~ ~ .1 rtm .- ..... '~~:'~ ][i~ gr~ nt nmi,itioH wa~ to ~ive IJia ~;hihh';.n a iramiry, r-ap(,(:te, I nml ,'~tc'~,mc,,I hy all. Much .t' Xlr. Buth.r'~. heir of miml {'illill* il8 n din,et inherit. m.e t'r.m his fitfl.,r, tt, r Butler, wh. liglzr(.,I pz'umin,..tly in the ,'arly hi~t.ry wa~ misrri,.l in Is24 bJ ~]hxn ,,.th (h r .ath. 8.url nr't,.r their ~ '1 ( ' lJI II1~ Illilde ]IV the primitiv. m,.a.s .r tra.~l..-tation or' that ('nrly ,I.v. In S,.i,teml..r, ls'FJ tl..v setth.d in h)wu City, thtm n htrag~lizig viiirig ,. Xlr. B[ith · ,'i I t ,.:,. l illIll IHs Wilt. nUrVlv:.d until .Intotory IS, ISm,S, ,I3 ing at lb:. rp=i- l I,:. h:l~.r i~ m,w ;: :','~i,l,'.t ,,t' W,..t I{l';Ul,.h. [-tXih };'~}:,'" ": "'l"~ :"~'"'~ x:,.. ,:,,,,.,l, ~:l ~,-i.:, i.:. :. ,',,'.';.:',:;;&:,:;/. i ,,, ,,,,ll,.,:, in the I',n'es[, aml tim hllnbpr wits hthm'ionsly rip-sawm] Irami. This Imildiu~ was first ,.r~,etc.d .n Washingt,m drn¢ st,,r,. au,I the ,,ntrnm.,, to Murphy Brotl.qs livpry a/;tbh,s. It wa~ later rulnove, I to North ])llbllqtl(' strm,t, Iipxt n,~rth t,l' N~.hm.',h,-~ mthim,t shop, whpre it was n~e,I as an Van Antw.rp, ~ivin~ a~ ;w,'.unt .1' tim first mp~.tin~ of tht, J,,wa h'~islatur,,iu the m'w (';q~itol ;tt I-t~a ('ity. then a vilht.~e I'm't flint th,. I,.~i~hdm'- pu~-,.d a v,,te of thanks t~ th-ir lmhiie ]'ho mrs Walter Ih~thq' and Elizah,,th Ph,.la,~ w,.re the par- ~-~ ,.nts.ffiv.*.hihh-,.n: MaryTh,.r,.-a died at hm'a('ity:Mrs. .~ ~3X-O ~$93q ~ .,~ I~O ~27/ 5',°. o¢..~ .. ,¢/r FOLLOWING 18 "~ "~ "p BEST DOCUMENT AVAILABLE PRINCIPAL'Ia~OIIUCTS AND HOW ~' Cor~, " · ..........................~.0~'~ '" " O&~ ........................... ~'o. I1~ ~l~t ~,~lo, ,, · .......................... ......................... )2,413 " ~o~, " - ......................... HISTORICAL aud STATISTIC.~,[. · ~,,tc~- ,. ._--~: ......... - .........-. .. ,.- B: B l . r Bet ti e r % ]" 'dL_ 7') ~lld ~0 'Nnrth R.~n~:c 6 Wcst o~ thc $th Principal Mcridi'm ::)~T T',/V ~,, ~ '...; ~ .~ T.r~ -~* 'PO~T EAST LUCAS 11 LI!£11111 L- FOLLOWING |$ -I~ "~ BEST DOCUMENT AVAILAPt E WEST T. 79 LUCAS TWP. &8ON. R.6W. E-A-..%. I 14.' .... i~T 79 &8 PENN T WI~ NE-WF IOWA CITY FOLLOWING 18 BEST DOCUME. NT AVAILABLE NOTE BY AB~Ti~OTES:--In this abstract the parties to the instruments are shown at the left hand as their names appear in the granting clause and a~y deviation therefrom, in the signatures or acknowledgment, is noted in remarks, (i) Plat of ~overnment Survey of Sec. 33, ~P. gO, N.R. 6, West of the 5th P.~. (Iovern~ent Sureeye Plat Book on file in the office of the County Auditor of Johnson County, Iowa. - N - .~ f ,Kt ,s - s- United States, to John F. ~mbridge and Charles ~ambridge. United States, to John F. Cambridge and Charles Cambridge, as Tenants in common and not as Joln~ Tenants. Original Entry. C?rtificate ~ 3221. Dated March ~, From Certified copy of Original Entry On file in the office of the County Recorde~ of Johnson County, Iowa. Conveys:-The followlog described r?al estate situated in Johnson CountF, Io~a, to-wit:-- LOts ~ g, 9 and lO in Sec. 33, Twp. 80, N.R. West of the 5~P.M., containing 199.20 acres. Book of Original Entry, page 106 (3) Patent. Certificate 4 3221. Dated February 1, lg~8. Filed February ~, 1936. Recorded in Vol. 168, pz~e 6. Conveye:-The following described real estate air, ted in Johnson County, Iowa, to-wit:-- Lots 7, g, 9 and 10 in Sec. 33, Twp. 80, N.R. 6 West of the 5th P.M. in the Dist~ct of lands subject to sale at Dubuqus,fIowa Territory, containing 190.20 acres. OyrUO ~ndore, Surveyor, The Public. we f~d no further proceedings In this estate affect~=E part of the land abstracted herein. janua.ry:15, '185]. Final report of administrator approved court adm~nistra~or discharged an~ bond exonerated. Probate Record 5, page F~eld notes and plat of survey made for F. H. Irish, ad~nistrator of the Estate of John ~mbridge, April 10, Recorded in ~rvelors Record 1, in the office of the County Auditor of Johnson County, Iowa. Plat as follows:-- Bur Oak Elm Birch Elm Red Oak Ash Red Oak ~. Oak ~. O~ (~o) Frclerick M, Irish, ae Admin- Administrator's Deed, istrator:of the estate of Dated March 17, 1349. Charles Cambridge, deceased, Filed June 26, 1856. Recorded in Vol. 14, p&ge 66~. to Conveye;-Ths following described real estate situated in Johnson County, Iowa, Francis Freesart. Lot 2 in Sec. 3}, Twp. 80, 6, West of the 5th P,M. as desigrmted on Sanders plat of said premises containing 25 acres, more or less, the same being a part of the premises oelonglng to the estate of said Cam- bridge, deceased, which by and under the authority of a license from the Judge of Probate of said Johnson County, was exposed to sale by sald Irish as administrator at public out cry, on the 6th daF of September, 1S~?, and said Brossart being the highest and best bidder therefor, the said premises were struck off to him, etc. In body of deed and acknowledgment grantors is as above. Signed F. M. Irish, as Administrator of the Estate of Charles Cambridge, deceased. (41) Francis Brossart and Warrmnty Deed. Ursula Bros@art, his wife, D=ted August 3, 1J53. Filed August 10, 1853. to Recorded in Vol. 10, paze 239. Conveys:-The following described real Martin M. Montgomery. estate situated in Johnson County. Iowa, to-wit:-- Part of Lot 2 in Sec. ~3, T~p. 80, N.R. 6, West of the 5th P.M. as de- signated on Cyrus Sanders Plat of said premises, to-wit:-begin. ing at a post on the south bank of the Iowa river, in Sec. 33, !wp. SO, N.R. 6, west, from which an Elm lS inches in diameter bears south 6½ degrees ~9 links, east near M. M. Montgomery's steam saw mill; thence south 15.~O chains to a post from which a red oak 1~ inches in disoster hears south 86} degrees west ~6 lines; thence east lZ.S~ chains to a post from which a white oak 12 inches in diameter bears south 5 degrees East ~1 links; thence north 3½ degrees East 9.75 chains to the Iowa River; thence down said river to the nlaee of beginnin~, excepting ~ acres is the northwest corner of said tra~t, containing 1~ acres, more or less. ~/' ~st~te, -.-. - - of Martin M. Montgomery, ~ctd. In the District Court, Johnson County, Iowa. Martin M. Montgomery died intestate, March --, 1855. April 7, 1855, Henry Felkner appointed administrator; bond filed and a99roved; letters of administration issued. Probate Record 5, pa~9 My dear Mrs. rogue: ~615 Las 'Flor~e Ave~u6 · '. ! .,, San Marino, Ca. 91108 August 25, 1979 Thank you for your interesting letter con- cerning the Butler Bridge homestead. I very much regret that cannot provide any assistance in your project for the Questers, as I have lived away from Iowa City for many, many yea~s and have no recollection, unfortunately, of any background info~ma- tion. C I recall that there was an Iowa Historical Society that once approached a member of the family for such information. If~ as I assume, the organization is still in existence, it is possible ·hat you can obtain so~e data from an officer. Be assured th~ ~ am sorry not t'o be able to help you in the matter and hope that through some other source you may receive some assistance toward the success of your project. Sincerely yours, (Or.) Bullct'S Land,ng, :O¥/R (]TY, Io.va. Mrm, P~gme -- I vmo B. Augmat 16, 1979 I was puzzied where I found the in- theback of my headion Mrsw Butler, forms tton~ in and ~iseovere~ it was in Zurner as noted om the attached photosta~eshee~. There is also s memo on a biographical sketch on Mrs, Butler's family tree~ But still~..nothimg on "the house". really am curious on th~now. ~/' Irving B~ Weber~ I Ryerson Bridge The bridge pictured with the name N~ Dubuque 5~t, O~n refe~ Exactly when the bridge was con- strutted Isn't clear. It was certainly bmlt before the turn Of the century. Slice thL~ location long ha~ been a cro.~mg point of the Iowa River. aB~L ,.~g of the Coralw,,, ,-.~,, m ~o-rt, me river was shallow -h"dttTiS~ point and served aq - a ~d. A/~er U2e construction of ~e ~ was too deep to ford and. according to re~.arch by/Vu-s. Tho- mas r. Pogue for a Questor paper, a Marart M. Montgomery operated a ferry and a steam tinYen saw rmll there. Elizabeth Butler. widow of Walter Butler (who died in 18/2 wtUJe sheriff oi Jotm.~n County, and who also had built "BuUer's Capitol") later mar- tied Montgomery and they Uved m the house (sLLLI ~tanding) on the hall South of the bridge. Mter Montgo- mery'a death In 18,55, she continued to live there vnth her childten by But- ler. She died In 18&~, wtule still l/vmg there, and wad often referred to as the "widow BUUer." Thn may de- count for the "Butler" m "Butlet's Landing,,. Walter Butler owned the land WOere the CoralviLle dam was built a~d donated ~t for that purpose. But ~aere m no evidence be ever owned the land at "BUtler's Landing," ac. "Butlor's Landing" Bridge The Riverside Boat Club. an exclu- sive group ~thich Clal/Tted rune mem- ~rs, orgamzed m 1866. had lto boat yard where later the bridge was built. The club reportedly "had a navy of five boats" It may have been the origin of the word "Landing." The boat club was washed away by the dl~ast,.rn,.e~ thw~,J nf 11181 no longer called "8uller's l~anchng" Bridge. It was om~tructed m 1931 after a semi-truck liE! ~e otlglglal bridge and demuh~h~.,d it With a different routmR of H28h- way 218. the bridge prtrrmrtly aerve8 local iratrio. Im'ludmg River c. The f .ltTst Benton S~eet Bridge, ¢o~pletod in 190,5, was called the Ryers°~'Brldse because Ryerson and S~n operated a ateam driven gr,.st ~ at the west end of the bridge where it Joined Riverside D' 'e. l~ .'VILll had. Seven employees, and the yerson family Lived next door · ~th their parrot in a large house at ~:'0 S. Riverside Drive. The house is ;tiLl s~auding, on the ea~ aide R,verside Drive and south of the Rock Iaiand Railroad Bridge. When the Ryerson Bridge was con- ~tructed in 1904-~, the st.~eJ in the .~ast q~a proved too long for the amrs which had been built. The steel :~ad to be cut w~th hack saws. · lows CltyhasalwaysServed a very .Urge rural farming area south and southwe~ and the Ryersou Bridge aroved a definite convenience for '~ose people in reaeMng all parts :he c~ty. in the accompanying aerial photo ;960L the Ryerson Badge is the :eeJ arched one in the foreground. 'he piers for the new Benton Street ic~dge were being cousa'uctod at the -me and are in the immediate fore- round. Yhe other bridges in the picture, .o~-tn8 upstream, include the Reck · ~and Railroad Bridge, sad the Bur- cg~on Street Bridge (with the ant su~oke stack~ of the University ~ar' PLaaI). The eight silos of the :n, .al Company (since ~ · d) ~re to the right of the power ,.nt. Old Capitol is to the extreme Benton Street Bridge right. Back in the l&50s there was a wood- en truss bridge ¢Metcalf'$) between the Rock Island Railroad Bridge ~nd the Btwimgton $ti'eet Bridge, thoush neither of them had been built at that tii~e. The present Benton Street Bridge is a modern concrete type structure which runs siighUy sou~west to con- nect with West Benton Street, nmg up the bluff past Roosevelt School. ~ {:LuLl was known for year~ as l:Canck H~I! and. at that Ume, Was very steep. Attorney Ranck l/veal-at the top of the hal. Benton S~eet today carries yery heavy traffic and the intersection of R~versade Drive and We~t Benton one of the bumest m Iowa C~ty. I0 Iowa City Press~31tlzen--Monday~,. Februal~. 28, 1983 Letters to the editor $oving historic buildings 'to the Editor: Recently I have been informed that the old stone house at Butlet's Landing m about to be torn down. 'Considering t. hat there has been quite a bit of demolition m the Iowa City area lately, I am concerned that no effort will be made to keep this impo~lnt historic bullcLing... The house with the Second Empire roof on South Clinton Street near the depot was recently bulldozed. The Old Gas Worl~ on Burlington and Van Buren was removed without one person coming to the city coancd meetang that let it go. The facade of the Patterson Block, a budding on Dubuque Strcct b~lat recently burned, was quickly removed... ' There has been httle time to research the old stone house at Butlet's Landing. It has the same sunple character as the farm houses butIt by other cry formtiers, such as Irish and Lucas. It is a rectalinear story-and-a-half plan. It m an excellent example of vernacular architecture from the period when Iowa City was the state capital (from 1839 to 11~?). Bruit of stone with certain modified featurea of the Greek RevilvaL such as returning cornices, suggest~ a da~ from the late 40s or early SOs. It is on old Highway 218, just north of Iowa City. The condltinn of the house seems ~ound, even though it has been abandoned and neglected for many years. The pmce of saving such a building could be high, but ! feel some effort $hotgd be made... .... . ...,/ Gerald MansheLm He/pfu/ stranger 'D C C FOLLOWINGI I~ ~ ~ BE~ DOGU~NT AVAILABLE The Rui~ o[ the Old Stone House at Butlet's Landing. 1983 Early settler Walter ButIre. hotel.keeper and ~henl[. bud! the temporar~ capitol a.d donated the land[or the/lest Corah,dle dam .rid rndl. .q/tee hu death m the tmd.l$4o.~. the'v bruit I/ILS hol~.~e .orth~'tLsl o/Cornlvdle ~.merv d~e'd a.d Butl~ ~ son Thomt~.~ t~ff Gfibert Irish called it "tire most important early building in the city." Only one Legislative aasembly. the fourth. met in it. According to Captain Itoh. the obligated citizen,, nc~er fulfilled there pietiger. and Butler "~ustained a rtHtlott,, It)v, by the olx. radon." Hmvever. tilt iawr :twurd¢:d him $323 [or vart~)u:~ retail ~c~ k c~ ol A pubhc-,I)ifitt~ In[Ill, dl~ ,LLIcllI)IICe~ ~I5 WCJl d~ All ilmkc~l~'r. Butler w~ ~l~t~tOtmt~ ~hrri[[ m 18-1~. but hi~ ~uly dmlh ptcvemcd him h'om ~ct~ing hi~ full teim ,fi office. The mill and dam t.R,tlcd b~ the Iowa City bl:mu[acmrin~ Gimpany. a t {x~lx'Eldve VUlll~lrc. wcIc In~ pmlx.ny at ~hc ~itc ~}f the prt~'m dam at Coralvilh'. From ()~nfiville. Bullcr~ proix'ely cxtcndc4 {at up h~wa River. and m ~hi~ da~ the Binlet Bridge and Buth'~ [ ~mhng--whcre the old road m C&xLu' Rapidn ~ mnncs dvcr 11o[ih ()[ Iowa City--re~lin hi~ ilalHc. Butlcr's Capitol. mmctimc~ known as the Hutchin- ~.l [ {ot~.~'. w;l~ [;ltcr tllt)Vt~ 1o lilt' t~lM qdc of l)ubmlur Sllct't I~'lwc~'H ~llt'gL' ;Hid Bmlm~tmt ~trcx. t~. h vsentu;fily dcm, fii~h~xL Chaun(-ev .~wan -,rant e. :t~ltl then a It-ad inmek '.s"a~ elected to the House Rcl>rc~entati~e~ o[ the Fire Leg~luti~ A~mbly at Bur- lin~mn. Dunng hi~ hr~t session there. he was ap~imed to die I)~xlld of commis~ionen to hx:ltc the site of the new { apmtl. Hc.q)parentlv ~aw tlu~ last moxe as recognition-- IS}nniblv hmq-awaited~{~[ hi~ true t~tcntial: {or from the Ilt?glitllHl~ ht' Hl,ldt' 111~lM']I :lie dol~illJIIt ,I I Iil~gb -[,ll t.d hut ltOl tllllldlld311111C Indll with I,u gt' hdHd~ .red .t I,mamul hght m hi~cve. While he ,fi .l~ .i man obat~stxl with Iowa City and the pmpostxl ( ~qmtd. Ins glittering nuw tould also have b~.n c-amcxl I)v Ihc t ig~)t~ o[ ~ming [tn a phombwaph in lh~)~'~arlv d~y~ t)l ~1~(' arl. But ()11~('xst~ or not. lie w~ evidently likely i() .q)lne( talc' Ihc ;m hm,t I ;111d i OlltglCUlr R,t~tlt'. ,I HI;~II t)i i)mh.x~ional M;llld;ll'd~. dial Sw;m. h.nl Imnlghl i~lt~ the willuml hclwiit ~)f .irchiltx I or COlill;it for--although he did haw tile hclp o( William Skc~'n. who had bc~'n a I)drl- afflicting a person. His ~peclalt!, ;s hnt;~ng the ro kee0 better control on how 'Saving Butler house for history The house could serve as a city historical museum By Lisa Swegle OWA CITY -- Decades of decay and overgrown scrub brush hid an Iowa pioneer ho~se until it was purchased as part of the new water treatment plant site. The Iowa City Histortc Preser- vanon Commission wants to preserve the home. located on :he hill overlooking Butler Bridge on North Dubuque Road. because of its historical signifi- cance. Counc;A member Larry 3aker would like to explore us- mg the house to open an Iowa City historical museum. 'A place where people can go md vmw !50 years of Iowa Cit3' history," he said. Colette Pogue, former collee. ::OHS dLrector at the Johnson County Historical Museum. told ~he COmiTlISslon about the house :n Ma.v. She stumbled across the souse on a fall drive in the ~9TOs and began investigating :he house. THE HOUSE IS Mstorlcaily s~gnfficant because of :is pio- neer owners. she said It is one :f Johnson County's original houses and overlooked one of :ae earliest river crossings. Extensive research uncovered ,'hat the home was owned by £hzabeth Butler and her second husband. Marnn Montgomery. ?he house was probably built vhen they married m 1853. He :led two years later. Montgomery operated a ferry :rossrag. saw mill and farm at the site. People had to pay to cross the river on a raft.like ferry before the original Butler Bridge was built m the 1860s Elizabeth Butler was known as "Widow Butler." Her {'u'~t husband. Walter Butler, became tamous for building the first State Capitol of Iowa. a timber ~tructure on Washington Street. Butler's Landing, a farm and home dating back to the m,d-1850s. s,ts on land purchased by the cibj of Iowa Cibj for a new water treatment plant. BELOW: Guy and Glen Stevens lived in the Butler house in the 1890s. moving in Iowa City was the capitol be- ~.veen 1839 and 1857, Pogue said 11 IS hard to look at the house now and realize its true value. The l%story house was or:glnally stone, but was covered at some point with $tuc co Many original features re- main. including the front door. PUBLIC WORKS Director Chuck Schmadeke said the house ~vdl not be harmed by new water plant construrtlon on the 200-acre site. The City Coun- cil would have to decide wheth- er the house m worth saving. Doug Russell, Historic Preset. vation Commission chairman. said the historic value includes the house remaining at its origi- nal site. The commission wants Io protect the house from fur. ther harm so that it can be saved for future use. Photo =y Coie~te Pogue. ~owa Ca~ ~ land purche.' ed by lhe cib] Stevens livec in the, Butler after the widow Butler died ,n 1888. L '~ ,o ..d - · · I~ASTLAWNBU.LDING OFFICIAL SITE NLgiBER 13JH283 Th~ UNIVERSITY OF IOWA · ~WA C~Y, IOWA 522~ ACCESSION N~ER . I0~ 1. County Johnson Local site name 2. Range 6W To~mship ROM Section 33 ~: 3. On the ¼, SE ¼, SE ¼, SW k, 4. Type of site camp .Maps used USC-R Iowa city W~qt Tenant Address 6. Owner Mm~ff ~rphy Address 7. Informant Address General location of site in relation to streams, bluffs, river terraces, including modern landmarks such as roads and houses. The site is located on a low terrace about 200 yd~. ~t of t~ Tc~;a River. 100yards north of Interstate 80. The k~IC RadioTow.eris 80 E-NE of the site about 2/3 mi..aw~y. Estimated site size 2 acres 9. Present condition crooland I0. Previous excavations By whom Address 11. Material collected: a. Bone b. Scone S{~m'/~.~,, .[;~6~1~ pOI ~, S~{~C~ ~a~5 / ~ c. Pottery d. Other ~er O~ Address~l~~O~. 12. Method of collection s~fa~ ~on 13. Other material reported Address 14. Reco~endations " i 15. References ~ 16. Recorded by Toby Morlx~ Address Route 1, Beaman · Contract Completion Report/ i'i 17. Date recorded April 6, 1980 Research Paper 3 Sketch map of location ~a.ge ~W ~o~sh~ ~N Section 33 Indicate the chief topographical features, such as streams and eleva! 'indicate houses and roads. Indicate the site location by enclosing the wich dotted line. N I! 'I C~ OF ~AT~ ARCHAEOLOGY! IOWA SITE RECORD ~ASTLAWN 8U:tOING OFFICIAL SITE ~ER 1~284 ~ UNI~SITY OF iOWA ~WA ~, IOWA 522~ ACCESSION ~ER County John.~on Local site name Range 6W Township BUM Section 33 On the k, NW .~, NE .~, $E k, SW ¼. .... 2, 2, 2, 4. Type of site ca~ 5. Tenant 6. Owner MarwMurDhy 7. Informant 8. Maps used USC. RoIc~a tit]; W~- Address Address Address General location of site in relation to streams, bluffs, river terraces, including modern landmarks such as roads and houses. The site is located on a lc~ terrace 400 yards east of the Ic~za ~wr, 400 yards north of Inferstate 80, 300 yards northeast of 13J~283. The KXVC Radio Tower is 95v E-SE about ½ mile away. A fa~mis 40v N-M~ about 1/3 mile. 9. Present condition cr,~opland 10. Previous excavations By whom 11. Material collected: a. Bone b. Stone flakes, core c. Pottery d. Other 0wner TabyMorrow 12. Method of collection surface 13. Other material reported Owner 14. Recommendations 15. References 16. Recorded by T~by 17. Date recorded i~ril 6, 1980 Estimated site size 1 acre Address Address ~ez~an Address Address Route 1, Beaman Contract Completion Report/ Research Paper Sketch map of location Range Township _ Section Indicate the chief topographical features, such as streams and elevations~ 'indicate houses and roads. Indicate the site location by enclosing the with dotted line. Notes: DIMENSIONS: 80 FEET TALL, 5 FEET DIA~i~TERAT .T~BASE ESTIMATED AGE: 150+YEARS OLD ~-~ THE LARGE OAK TREE 40 FEET NORTHWEST OF THE OLD BUTLRRHOUSE ON THE WATERPLANT SITE James P. Glasgow 3291 Dubuque Street NE Iowa City, IA 52240 October 26, 1995 Mr. David E. Brown Attorney at Law Bremer Building 120 1/2 E. Washington Street Iowa City, IA 52240-3976 Re: Natural Heritage Case Dear Dave: As I prepare for the trial in the natural heritage lawsuit against the City of Iowa City, I become more and more convinced that the City needs to consider the impact of its development on the environment and the natural heritage on the water treatment facility site. Aside from any personal interest I may have in the proposed water treatment facility'as a result of my property ownership, it concerns me a great deal that this development is proceeding without any consideration of the irreparable damage that can occur. In this lawsuit, I am only trying to insure that the City consider the impact of its actions on the surrounding area. Quite frankly, I am very surprised that they have not al- ready done so. The city of Iowa City is quite aware of the natural heritage that exists on the property. In April of 1980, Toby Morrow of the Office of the State Archaeologist did a preliminary surface examination of the property in question and located at least eight Indian campsites. These documented sites also suggest that there is a high potential for Indian burial grounds in the area. Furthermore, the City is well aware that the old Butler House is historically significant and meets all four criteria for eligi- bility for the National Registry of Historic Places. The prop- erty contains 50 acres of woodlands and highly unique and sensi- tive sands and soils. Given these facts, it appears strange that the City would proceed with development without considering the impact upon these natural resources. The city's refusal to conduct an environmental impact study or cultural resource check seems all the more disturbing in light of its consideration of the newly proposed Sensitive Areas Ordi- nance. Based upon my review of the draft of the Ordinance, dated October 26, 1995 Page -2- September 1, 1995, this property clearly would be classified as a sensitive area. Under the Sensitive Areas Ordinance, the City would have to conduct the kind of study that I am requesting. This makes the City of Iowa City's refusal to do so seem all the more ridiculous. I would like to discuss with you the possibility of reaching a settlement prior to the trial. I would be willing to dismiss the lawsuit if the City of Iowa City would agree to perform a Phase I Environmental Impact Analysis. In other words, I am ask- ing that the City of Iowa City perform a cultural resource check and environmental impact study of its proposed development. This would include its impact upon the woodlands, wetlands, archaeo- logical findings, and other items of natural heritage. I would also ask for the City's guarantee that the old Butler House would remain intact until it is reviewed by the Historical Commission. Performing this impact analysis will protect our natural heritage for all the citizens of Iowa City. Please let me know your thoughts at your earliest conven- ience. I look forward to hearing from you. Very truly yours, ~~-~.~ames P.~I~ sgow~~ JPG City of Iowa City MEMORANDUM DATE: TO: FROM: RE: November 3, 1995 City Council City Manager Material in Information Packet Memoranda from Mayor Horowitz: a. Additions to suggested individuals for the Ad Hoc Economic Development Con~ittee b. Schedule for Remainder of Year COpy of letter from Mayor Horowitz to F.A.A. regarding letter of intent~&~ to cooperate. Memorandum from Council Member Kubby regarding Fringe Area Agreement. Memoranda from the City Manager: a. West High Drive b. Rollback Factor c. Landfill - Poplar Trees d. Whispering Meadows Wetland - Completion of Access Trail Memorandum from the Director of Planning and Community Development regarding First and Muscatine Hy-Vee Grocery Store. Memoranda from the City Clerk: a. Policy for Internet Messages b. City Council Work Session of October 23, 1995 c. City Council Work Session of October 24, 1995 7/ 7.?73 Memorandum from the Purchasing Agent regarding sponsorship for Parking Ramp spitter tickets. Agenda and minutes for the Council Disability Rights and Education meetings. Letter from the Johnson County Board of Supervisors regarding Fringe Area Agreement Copies of letters from: a. Midland Homes regarding construction regulations b. Randy Dickson regarding survey for cultural resources c. Carol Litton regarding request for rezoning for a restaurant Agendas for the November 2 formal and informal meetings of the Johnson County Board of Supervisors. the proposed Memorandum from the City Attorney regarding the confidential site location map from the State Archaeologist, Agenda of Board of Supervisors Informal Meeting on November 7, 1995.~ Me~o from City Arty. regardin~ staff update. City of iowa City MEMORANDUM Date: November 3, 1995 To: City Council From: Susan M. Horowitz Re: Additions to suggested individuals for the Ad Hoc Economic Development Committee As you will recall, we took David Sch(~on's October 10 memo, agreed on the categories of individuals to select, agreed to increase the names in the categories at our informal meeting, agreed not to select actual individuals until after the election in case a new member felt strongly for an additional candidate. We also agreed staff would facilitate such an ad hoc committee. We have yet to agree on the process of selection. I have received input from all of you - thanks. Here are the categories and existing/additional names. Citizens (2 members): Dersk Maurer Colin Gordon Cheryl Witney Norman Bailey George Starr John McDonald Darrel Courtney Jeff Cox Kathy Johnson Unlverslty of Iowa (1 member): David Skorton, V.P. for Research Mary New, University Relations John Buchanan Gerald Nordquist Small Business (1 member): Tom Werderitsch, Selzer-Werderitsch Const. Vicki Lansing, Lansing Funeral Services Carolyn Gross, Technigraphics Industry (1 member): Kerry Fitzi3atrick, Procter & Gamble Stacy Pugh, General Mills Ray Broadbear, Moore Business Forms Richard Ferguson, ACT Environmental Groups (1 member): Mark Smith, Environmental Advocates Pam Ehrhardt, Environmental Advocates Richard "Sandy" Rhodes, UI Economic Development Organizations (1 member): Bob Sierk, ICAD John Beckord, Iowa City Area Chamber of Commerce Bob Downer, ICAD Labor (1 member): William Gerhard, Laborer's Local 1238 Jean Martin, AFSCME Motor Pool Resource People (2 members) Bruce Wheaton, Research Admin., UI Tom Bullington, Job Services Kathym Kurth, Small Business, UI Roberta TilI-Retz, UI Peter Fisher, UI (not in IC) P.S. FYI - attached is reprin~ from the Nation's Cities Weekly, October 23, 1993 : Nat~6n's Cities; V~e~k~¥ .: : "' ' ' .: · ' ~ How Communities Can Attract Entrepreneurs, Businesses Cities that encourag~ entrepreneurship are much more likely to thrive in the face of rapid change, says a aew study published by the Small Business Founda~on of Ame~ca (SBFA). Local economic development officials must base their policies on knowledge about what really motivates entrepreneurs, according to Dr. Norris Krueger, author of "Prescription for Opportunity:. How Communities Can Create Potential for Entreprenuers." Some tip~ for communities frsm Yaueger. · Don't pick winners. The general nurturing of entrepreneurial activities is more effective than targeting specific businesses. · Create a "bully pulpit." Use moral leadership from commu- nity leaders to reward and support Innovation. · Reduce barriers. to entrepreneurship. Avoid excessive tax burdens, growth controls and permitang systems. ® EIelp entrepreneurs get loans and venture capital. Teach business owners how to ask for loam and let. them know about capital resources. s Manage perceptions. ff community members believe eco- nomic success is possible, it become a serf-ruling prophecy. · Don't throw money at dying industries, Instead, invest in new ideas and businesses. · Create networks. Networks offer a tool for sharing informa. tion, moral support, and role modeling. · Make entrepreneurship a credible career option. But don't mythologJze entrepreneurs; average individuals need to be able to identify with them. Copies of the complete ;30-page working paper are available for $15 from SBFA, 1155 15th Street, N.W., Washington, D.C. 20005;. (202) 223-1103. ~1 City of Iowa City MEMORANDUM Date: November 2, 1995 To: City Council From: Mayor Re: Schedule for Remainder of Year After reviewing pending issues with the staff I think we are going to have to discuss scheduling of additional meetings over the remaining months. I suggest we schedule special meetings now to permit us to schedule around them in the upcoming months. Some suggested dates are indicated with an asterisk ('). Another suggestion may be starting at 6:00 (with a special work session) prior to a 7:30 formal meeting. Please review your calendars and come i3repared to set meeting dates at Monday's work session. November 20 - November 21 - Regular Work Session Regular Formal *November 27 - Possible Special Work Session (Housing Plan) December 4 - December 5 - Regular Work Sesstpn Regular Formal *December 11 o *December 12 - Possible Work Session Possible Work Session December 18 - December 19- Regular Work Session Regular Formal Pending Issues: 0 Meeting with Student Senate Action Plan for City Steps Fringe Area Agreement Housing Plan - Public/Private Partnership (tentatively set for Nov. 27) Assisted Housing Airport Master Plan Sensitive Areas National League of Cities Meeting (Nov. 29 - Dec. 3) Iowa League of Cities Council Training (Williamsburg/Dec, 6) Organization Meeting (after noon Jan. 2 and before noon Jan. 6) November 2, 1995 Mr. Jan Monroe, Planning Supervisor Airport Division, ACE611 Federal Aviation Administration 601 E. 12th St. Kansas City, MO 64106-2808 CITY OF I0 I, VA CITY Re: Letter of intent to cooperate Dear Mr. Monroe: The City Council for the City of Iowa City, and the Board of Supervisors for Johnson County intend to cooperate within the airport master planning process now under way in order to agree on a land use plan for land adjacent to the Iowa City Airport, As you know, the Iowa City Airport is located in an area bounded on the west by Highway 21 8, 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 cooperative plan consistent with our respective jurisdictions and our joint goals and objectives, Both bodies have reviewed a proposed concept, and we believe that it is in our best interests to anticipate how certain areas surrounding the airport will be developed or redeveloped, and to have a general broad-based concept to plan and anticipate that growth. In agreeing to this general letter of intent to cooperate in this planning process, Johnson County and the City of Iowa City agree on the following general principles: The Iowa City Airport should be maintained at its current location. Joint planning by Iowa City and Johnson County will enhance the airport as a community resource. The Johnson County Board of Supervisors and the City Council for the City of Iowa City wanted to relay this information and their "letter of intent to cooperate" in the joint land use)planning which will be done within the city's airport master planning process now under way 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 Charles Duffy, Chair Johnson County Board of Supervisors CC: City Council Board of Supervisors Airport Commission Karen Kubby CITY COUNCIL MEMI~EF. To: City Council CMc C~ 410 E. Waehlngton St. Iowa (;ICy, IA 52240 e-5O O (319) 556-5o09 728 2nd Avenue Iowa City, IA 52245 (319) 338-1321 Re: Fringe Area Agreement Date: November 1 1995 In thinking about the Fringe Area Agreement and the process we are using to resolve this set of issues, I have a suggestion° It seems from recent discussions that the two bodies are getting further apart instead of closer together. The City is adding things to the proposed agreement, while the County is deleting things. One outcome of this phenomena is a lawsuit or set of lawsuits. I would be interested in using some conflict resolution techniques by an outside party for the remainder of the discussions about the Fringe Area Agreement. This may be a prime example where this preventative lawyering technique would help us prevent lawsuits (paid for on all sides by taxpayers) and gain a more cooperative understanding of how we want to allow development to occur in the fringe area. This process may also build trust between the bodies about how the new agreement will be implemented. And this increased trust can be transferred to other issues upon which we need to cooperate (the airport master plan, traffic control issues, new responsibilities passed on to us from the 104th Congress, a new industrial park). I will bring this suggestion up for your consideration during council time at our informal meeting on November 6. Feel free to call me with any comments or questions. My number is 338-1321 or you can e-mail me at kkubby@blue.weeg.uiowa.edu. CITY OF I0 WA CITY Thanks. Frl~ on 100% re4~/cl~ paper -10% City of Iowa City MEMORANDUM Date: November 2, 1995 To: City Council From: City Manager Re: West High Drive The staff has approached the Iowa City Community School District administrative staff about the reconstruction of the West High drive at Melrose. The proposal is to convert the driveway for a distance of 300' into a city street, The reason for these negotiations is based on a need to plan for the future street network in the area between West High and U.S. Highway 218 along Melrose Avenue. As you are aware, the City installed a temporary traffic signal at the intersection of the West High drive and Melrose Avenue this past year. We are also in the process of a major reconstruction project on Melrose Avenue. In addition, the Galway Hills area is continuing to develop, As all of these events come together, it seems prudent to consider the optimal use of the signalized intersection at the school drive and how access would be provided to future development west of the school along Melrose Avenue. We are attempting to minimize the access points to Melrose Avenue that may require signalization in the future and ensure the functioning of this arterial street to avoid traffic congestion within the neighborhoods. Our proposal is to construct a boulevard from the signalized intersection at Melrose and the current school drive, south for a distance of 300', at which point the boulevard would narrow to a two-lane drive and proceed to access West High School. Within the boulevard section, a local residential street from the Galway Hills area would intersect with the boulevard and provide access to the development to the west. This would provide a second mean~ of access to this area and eliminate the need for another access point (that initially would be unsignalized) to Melrose Avenue. We believe this is a safer street network than one which would result in at least three access points to Melrose Avenue on the south side - the school drive, the existing Galway Drive, and another street access between Galway Drive and the school drive. 2 On November 8, Jeff Davidson will be meeting with the Galway Hills Neighborhood Association, at their request, to discuss this proposal. Karin Franklin and Jeff Davidson will be attending the School Board meeting on November 14 to discuss this proposal with the School Board. To date we have not received a particularly positive response from the Dlstdct administration. They are concerned the proposal will result in an unsafe situation for student ddvers and that the drive in front of West High will become, in essence, a public street. We do not believe that this would be the case. We will keep you informed of any developments surrounding this issue. cc: Karin Franklin Jeff Davidson City of Iowa City MEMORANDUM Date: November 2, 1995 To: City Council From: City Manager Re: Rollback factor In the Thursday Des Moines Re.qiste~ the State, by way of a news article, announced that the residential rollback factor for the next budget year will be 59.3%, down from 67.5%. This is a dramatic reduction. Based on the current residential values, this rollback will result in a loss of tax base of $93.2 million or approximately a 13.8% reduction in taxable value. In other terms, unless we see new construction and/or increases in assessed value of 13.8% or more, we are simply keeping even; that is the same resources as last year. This loss represents $1.2 million in lost property tax revenue if we were to have remained at 67.5%. CC; City Council Candidates Department Directors City of Iowa City MEMORANDUM Date: November 2, 1995 To: City Council From: City Manager Re: Landfill - Poplar Trees You may recall the City planted literally thousands of poplar trees at the Iowa City landfill.. The poplar trees have demonstrated their ability to help control leachate. This project was undertaken through cooperative effort with university officials. The State DNR has had some concern about this project, particularly when trees are planted on the cap of a landfill. Their concern is the tree and root system opens the soil for opportunities for water to seep into the landfill. For a while we were concerned they were going to require removal of the trees. It appears now that the DNR is reluctant to issue such an order and are looking toward a pedormance stud~ of a similar situation at the Cedar Rapids landfill. After reviewing the study, we understand DNR will make a decision. In the meantime, we will continue to maintain the poplar tree/landfill cap effort although we are not to proceed with any new plantings. We will keep you advised. cc: Chuck Schmadeke City of Iowa Ci :y MEMORANDUM Date: November 2, 1995 To: City Council From: City Manager Re: Whispering Meadows Wetland - Completion of Access Trail As you will recall at a recent meeting we were requested by Council and we believe we could satisfy your interest in seeing the trail completed before the first of the year. We are continuing to pursue that goal. We have met with opposition concerning construction easements and therefore it could have a significant effect on our timing, particularly if we receive a hard freeze. We had hoped to use City crews, if all issues including timing went well. Our crews are involved in leaf collection which will be completed in a few weeks. I wanted to keep you advised and we~ will hopefully be able to fulfill your goal. MEMORANDUM Date: November 3, 1995 To: City Council From: Ka;in Franklin, Director, Planning and Community Development Re: First and Muscatine Hy-Vee Grocery Store On November 1, representatives of Hy-Vee and I presented to residents of the First Avenue area plans for the new grocery store at First and Muscatine Avenues. Generally speaking, the meeting was cordial, with the Hy-Vee representatives presenting the plans and the neighborhood residents posing a variety of questions to them. A number of the questions related to the First Avenue Improvement Project and to existing flooding concerns on Ralston Creek. The neighborhood was informed that the Engineering staff would be holding a pre- design meeting with them within the next couple months regarding the First Avenue project. The neighborhood associations are likely to include on upcoming agendas the issue of Ralston Creek and what measures can be taken to keep the channel clear of debds. Questions and comments relating to the grocery store focused on the extent of the landscaping being provided, the location of the loading dock, lighting on the site, and the amount of traffic that would be generated by the store. The Hy-Vee representatives agreed to work with their delivery trucks to route the trucks along Muscatine Avenue and First Avenue south of Muscatlne and to design the lighting such that it was less than the standard foot-candles found in such developments. As is typical at this type of meeting, different people had different perspectives which were sometimes in conflict with one another. My impression was that the neighborhood was appreciative of the opportunity to learn about the plans for the grocery store, that many viewed this project in a positive light, and they wished to be kept informed about the First Avenue Improvement Project. Two councillors, Naomi Novick and Larry Baker, were in attendance at the meeting. 337o City of iowa City MEMORANDUM DATE: TO: FROM: RE: November 1, 1995 Mayor and City Council Marian K. Karr, City Clerk Policy for lnternet Messages Attached are current and proposed policies for distribution of Internet messages received in my office. In light of recent Council discussions, I have revised the policy of accepting such messages as official correspondence. We can discuss the policy at your work session on November 6 or hearing nothing, I will implement the proposed policy effective immediately. cc: City Manager City Attorney I~..3-3MK City of Iowa City MEMORANDUM CURRENT DATE: November 17, 1994 TO: FROM: Mayor and City Counc~'l Marian K. Kerr, Clty Clerk RE: E.Mail In response to questions here's my policy for handling E-Mail messages coming to my office. I check my messages first thing in the rooming. Copies are made at that time, distributed accordingly, and deleted off E. Mail. ff messages are addressed to the City Council they will be distributed at the next Council meeting or the next information packet, whichever is earliest. E-Mail messages will be handled as information packet items only and will not be accepted as official correspondence, I do not respond to E-Mail messages via computer. If they are addressed to me and a response is necessary, I will phone the person directly. bc5-1 City of Iowa City MEMORANDUM DATE: November 1, 1995 TO: Mayor and City Council PROPOSED FROM: Marian K. Karr, City Clerk RE: Intemet Messages Messages will be checked first thing each morning and at least once prior to the end of the day, Copies will be made, distributed accordingly, and deleted. If messages are addressed to City Council they will be distributed at the next Council meeting or with the next agenda materials, whichever is earliest, Messages will be accepted as official correspondence (Consent Calendar or public hearings) if the name of the sender is included. Just as with written correspondence we do not accept unsigned correspondence. I have found that the best time to retrieve messages is prior to 8:00 a.m, After that time Internet is often busy and I may be unable to gain access. This could result in correspondence being delayed one day. Individuals sending correspondence to staff and/or Council on the same day as a meeting will want to keep that in mind. For example an item sent Monday evening for distribution at your formal meeting Tuesday evening will be copied by 8:00 a.m. Tuesday, while an item sent later Tuesday morning may not be able to be accessed until Wednesday morning, bC~-2MK City of Iowa City MEMORANDUM Date: November 3, 1995 To: Mayor and City Council From: City Clerk Re: Council Work Session, October 23, 1995 - 6:00 pm in the Council Chambers Mayor Horowitz presiding. Council present: Horowitz, Kubby, Lehman, Novick, Throgmorton, Pigott (6:15 p.m.), Baker (6:20 p.m.). Staff present: Atkins, Helling, Woito, Karr, Miklo, Fosse, Denney, Franklin, Kugler, Boothroy, Schoon, Davidson. Tapes: Reel 95-120, Side 2; 95-122, Both Sides. (Problem Tape.) REVIEW ZONING MATTERS: Reel 95-120, Side 2 Senior Planner Miklo presented the following Planning and Zoning items for discussion: Public hearing on an ordinance amendinq the Zoning Chapter by adopting a Sensitive Areas Ordinance to requlate d~velopment on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hvdric soils, prairie remnants and archaeological sites. PCD Director Franklin, Senior Planner Miklo, Planner Denney, and City Engineer Fosse presented information. Kubby requested that staff develop a checklist to assist staff and developers with implementation of the sensitive areas ordinance. Lehman asked that a list of exemptions be included in that checklist. Novick requested that language be included on page four, definitions section under "slope" to include examples such as stormwater detention facilities. Novick requested that language be changed from "recognize" to "preserve" when appropriate. Kubby asked that Council discuss how the determinations are made when someone's buffer area gets reduced. Ordinance amendinq the Zoning Chapter by conditionalIv chanqinq ~l~e use regulations on an approximate 2.02 acre tract of land I~cated east of Lakeside Drive and south of Hiqhwav 6 from ID-RS, Interim Development Sinqle-Familv Residential, to RM-12, Low Densitv, Multi-Family Residential. (Outlot A Whispering Meadows/REZ95-0012) (Second Consideration) ResoJution for final plat ~.3proval of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-1or commercial subdivision located south of Hi.qhwav 1 between G Ibert Street and the Iowa River. (SUB95-0026) Miklo requested that this item be deferred to November 7, 1995. 2 Resolution for final plat approval of East Hill Subdivision, a 13.O4 acre, 36-1ot residential subdivision located north of Muscatine Avenue, west of Dover Street and Perry Court. (SUB95-0027) Resolution for approval of the preliminary and final plats of Windsor Ridqe -Part Six, a resubdivision of Tract "A." Windsor Ridge - Part One, and Outlot "A." Windsor Ridge - Part Three, a 7.8 acre, seven-lot residential subdivision with two outlots located north of Amedcan Legion Road and west of Arlinf:lton Ddve. (SUB95-0025) AGENDA ADDITION- #9 PUBLIC HEARING ON CONVEYANCE OF TVVO SINGLE FAMILY DWELLINGS: Reel 95-120, Side 2 City Clerk Karr noted the following addition to the agenda: (item #9B) consider resolution authorizing conveyance of single-family dwellings at 3331 and 3337 Dubuque St. (water facilities site). AGENDA #4F(7) - CORRESPONDENCE FROM BOB BURNS: Reel 95-120, Side 2 PCD Director Franklin recommended that Council refer Saratoga Springs to Planning and Zoning Commission for a recommendation. ECONOMIC DEVELOPMENT AD HOC COMMITTEE APPOINTMENTS: Reel 95-120, Side 2 Horowitz requested that Council submit names to her for consideration of the Economic Development Ad Hoc Committee appointments within the next two weeks. MEET WITH UNIVERSITY HEIGHTS CITY COUNCIL REGARDING MELROSE AVENUE PROJECT: Reel 95-122, Side 1 The following people presented comments: University Heights Council members: Mayor Swanson, Yarbrough, Jacobson, Jones, From, Weatherby and Martin; Steve Ballard, University Heights City Attorney; NNW Consultant Steve Jacobsen; City Attorney Woito; City Engineer Fosse; and JCCOG Transportation Planner Davidson. Iowa City and University Helghts Councils discussed positions outlined in University Heights' correspondence dated October 16, 1996. There was discussion of the consultants' recommenda- tion (47 foot pavement width); bridge remaining open during construction; west end of bridges "the shoulders" will stop and three traffic lanes carried thru to Koser intersection; on street parking. Staff Action: Prepare resolution for Council's November 7 meeting. (Davldson) CITY COUNCIL DISCUSSION OF MELROSE AVENUE PROJECT: Reel 95-122, Side 2 JCCOG Transportation Planner Davidson and City Engineer Fosse presented information. Council asked staff to look at the feasibility of incorporating medians on Melrose Avenue into the project. APPOINTMENTS: Reel 95-122, Side 2 Senior Center Commission - no decision. (Council to contact late applicant individually,) 3 COUNCIL AGENDNTIME: Reel 95-1PP, Side 2 (Agenda Item #4f(4) - letter from nine residents of Ecumenical Towers regarding high temperatures in apartments.) In response to Lehman, Atkins stated there was no apparent code violation. Lehman inquired about the legal status of skateboarders on city streets. City Attorney Woito responded that skateboarders are banned on all streets, including residential, but are allowed in the parks everywhere. Kubby asked that the matter of skateboarding on sidewalks be researched prior to Council's formal meeting. o Novick requested staff check with the University of Iowa regarding playing rollerblade hockey in parking ramps. The City Attorney stated a staff committee is reviewing this matter and will report to Council. o Novick announced that there is an open house on October 26, 1995, regarding Crandic Railroad transportation between Iowa City and Cedar Rapids. Novick and Baker agreed to attend that meeting. Novick inquired as to Council representation at the neighborhood meeting scheduled November 1, 1995, regarding the Hy-Vee site plan at Towncrest. Baker stated he would be attending. (Agenda Item #18 - temporary use of East Washington Street right-of-way by Ginsberg Jewelers.) Novick raised concerns about the heat from halogen lights and its impact on trees. Staff will follow-up. Throgmorton noted that he attended a conference in Detroit where the dean of the College of Architecture from the University of New Mexico stated that the new University of Iowa president is great. o Throgmorton stated that he is confused about the information received regarding the water impact fee. Kubby referred to information regarding NCS new industrial jobs training project and stated that in the future she would like to know the wage range and how many people are in each category. 10. Kubby inquired about the status of the director position in Public Housing Authority. 11. Kubby referred to the Muston house on Kirkwood Avenue and expressed her frustration by the City's not being able to help in some way, Atkins stated he will follow-up. 12. Horowitz reminded Council Members of the meeting with the B.';,ard of Supervisors regarding the Airport Master Plan at 6:30 on Tuesday. 13. Arkins reported that he attended his first downtown plaza task force meeting and it was a lively discussion. Meeting adjourned at 8:30 p.m. City of Iowa City MEMORANDUM Date: November 2, 1995 To: Mayor and City Council From:-City Clerk Re: Council Work Session - Johnson County Board of Supervisors/Airport Master Plan - 6:30 p.m. in the Council Ch~.mbers, October 24, 1995. Mayor Horowitz presiding. Iowa City Council Members present: Horowitz, Baker, Kubby, Lehman, Novick, Throgmorton, Pigott (6:35 p.m.). Iowa City Staff: Atkins, Helling, Woito, Karr, Franklin, O'Neil, Burnside, Smith. Johnson County Board of Supervisors: Lacina, Bolkcom, Duffy, Stutsman. Johnson County Staff: White, Peters. Others: Jerry Searle (McClure Engineering Company). Tapes: #95-123, Both Sides (Problem Tape) AIRPORT MASTER PLAN Reel 95-123 Side 1 Iowa City Council Members and Johnson County Board of Supervisors reviewed a draft of the 10/24/95 letter to be ser,~, [o the FAA. Jerry Searle, McClure Engineering Company, presented an overview of the Airport Concept Plan. Airport Commission Chair Howard Hotart responded to Council questions. City Attorney Woito and County Attorney White agreed to revise the 10/24/95 letter. Meeting adjourned at 7:28 p.m. [Transcripts of the meeting available in the City Clerk's office. Problem tape recording,] 3373 City of Iowa City MEMORANDUM November 3, 1995 TO: City Manager FROM: Cathy Eisenhofer, Purchasing Agent RE: Sponsorship for Parking Ramp Spitter Tickets Beginning November 6, 1995 Capitol and Dubuque Street Ramp spitter tickets will have a new look. Enzler's of Iowa City, Inc. and Hands Jewelers are participating as sponsors in the Spitter Ticket Pilot Project to help offset a portion of the ticket printing costs. Each sponsor will pay $3,000 and have business exposure on i million spitter tickets each. Staff had hoped to obtain four sponsors to offset the project cost but are pleased to have received the initial of the two downtown Park-N-Shop program participants. entire support CC: Joe Fowler, Transit Manager Bill Dollman, Parking Supervisor Eta Burken, Burken Marketing Council on Disability Rights and Education I~EETING AGENDA NOVEMBER 7, 1995 - 10:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST. IOWA CITY, IA 52240 5. 6. 7. 8. Introductions Approval of Minutes Subcommittees/Reports a. Housing b. Transportation c. Public Accommodations d. Public Relations Other Reports Bylaws Review - VOTE ON ADOPTION Other Business Next Meeting Agenda - December 5, 1995 Adjourn CC: Iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is s non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and te encourage compliance with disability civil rights legislation.. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. Council on Disability Rights and Education Ed Blake ......................................... Jacquelyn Bolden .................................... 335-1264 {W) Joe Bolkcom 356-6000 {W) Mace Braverman - Co-chair ............................. 337-4195 {W) Ed Brinton 338-4600 (H) Kevin Burr ......................................... 338-3870 (W) Linda Carter 337-8532 (H) Tim Clancy 354-1067 {H) Patrick Frazier ..................................... Jan Gorman 335-2660 (W) Dr Crockett Grabbe 335~1929 Tim Grieves 339-6800 (W) John Harshfield - Co-Chair .............................. 358-6518 Jim Harris ......................................... Marjorie Hayden Strait 337-5847 (H) Dale Helling 356-5013 (W) Mike Hoenig 353-6448 (W) Karen Kubby 338-1321 {H) Ethel Madison 338-3870 (W) 335-0705 (W) 337-4181 Susan Mask ........................................ John McKinstry ..................................... Jane Nelson-Kuhn ................................... Nancy Ostrognai 338-7690 (H) Larry Quigley 644-2097 (H) Anne Rawland ...................................... 337-9637 (W) Keith Ruff 338-3870 (W) Loren Schmitt 338-9859 (H) Heather Shank 356-5022 (W) Doris Jean Sheriff 339-0579 (H) Ann Shires 338-7149 (H) Orville Townsend 354-4766 (W) 10/31195 Council on Disability Rights and Education MEETING MINUTES OCTOBER 3, 1995 Present: Mace Braverman, Linda Carter, Tim Clancy, Jan Gorman, Marjorie Hayden- Strait, Dale Helling, Mike Hoenig, Lon Moeller, Nancy Ostragnai, Anne Rawland, Keith Ruff, Loren Schmidt, Doris Jean Sheriff, Ann Shires, Orville Townsend, Dee Vanderhoef Keith Ruff volunteered to chair the meeting in the absence of the Chairperson. Members present introduced themselves. Minutes of the meeting of September 5 were approved as amended. SUBCOMMITTEE REPORTS Housing; Nancy Ostragnai indicated that an audit of Mace Braverman's new apartment building was completed. She further indicated that the committee is attempting to secure speaking engagements and is attempting to schedule something with the Apartment Owners Association. They will be making a presentation at the University of Iowa Women's Center on October 26. A more complete report on the activities of the committee will be available. Doris Jean Sheriff offered information on a couple of things happening at the national level. The Administration on Developmental Disabilities is creating a national network on home ownership and control. The National Home of Your Own Alliance is further creating a database regarding accessible housing. She suggested that the Housing Committee provide information on local accessible housing to this project. They are attempting to compile information for all types of housing, including apartments. bo Transportation: Tim Clancy indicated that this committee met on September 20. Their regular meeting time has been changed to the second Wednesday of each month from 1:30 until 3:00 p.m. The committee has determined that 133 passengers used the lift equipment on City transit coaches during the month of August. The committee would like to have a representative on the Transit Technical Advisory Committee and it was agreed that in response to that committee's request, the CDRE would provide a letter stating why this organization wishes to be represented. Clancy indicated that it has also been suggested that the information station for Transit at the Old Capitol Center include a telephone to access scheduling information. It has also been suggested that the information provided at the station include information regarding accessible routes. There was also a brief discussion regarding the policy of the City not to accommodate a third rider using a wheelchair if a bus is full, but rather to serve that individual through paratransit. Mike Hoenig indicated that the City is looking into braille schedules. He inquired as to the status of federal funding cuts, and Helling explained that, at this point, these funds are likely to be cut in operatior, al assistance rather than capital acquisition assistance. A motion to send a letter to the Johnson County Council of Governments regarding a representative on the Technical Advisory Committee, to include full membership and voting privileges, passed unanimously. Public Accommodations: Keith Ruff referred to the letter from the City Clerk indicating that the City Council would not be amending the ordinance regarding sidewalk cafes CDRE Meeting Minutes October 3, 1995 Page 2 at this time. Helling explained that Council preferred to look at the general impact of sidewalk cafes and to consider possible changes to the ordinance, based on that experience, during the upcoming winter months. Further discussion of this issue was deferred until after January 1, 1996. The committee is continuing to audit bars, restaurants, coffee houses, etc. No return inspections are scheduled but the committee does ask that it be notified by business owners when they make recommended changes. Doris Jean Sheriff requested that the Public Accommodations Committee report in its minutes which establishments have been audited so that others could acknowledge or patronize those which are most accessible. d. Public Relations: No report. OTHER REPORTS None. BY-LAWS Anne Rawland outlined changes that had been made since the last meeting. Mace Braverman suggested that further discussion be deferred until the next meeting to give everyone a chance to thoroughly review the draft bylaws. It was briefly discussed whether or not the bylaws should be passed at two consecutive meetings and there was consensus that this would not be necessary. Further discussion was deferred until the November 7 meeting, with the caveat that the bylaws will be voted on at the November meeting. OTHER BUSINESS Loren Schmidt reminded everyone that during the month of October there would be activities calling attention to employment of persons with disabilities. On October 26 from 2 to 5 p.m. there will be a presentation by a number of organizations focusing on employment of persons with disabilities. This activity is sponsored by the Evert Conner Center and the Women's Resource and Action Center and will be held at the Iowa Memorial Union. Mace Braverman agreed to remain Chairperson of the CDRE until the election of officers. Meeting adjourned. Johnson Coun~ Charles D, Duffy, Chairperson Stephen P. Lacina Joe Bolkcom Don Sehr Sally Stutsman BOARD OF SUPERVISORS November 2, 1995 Mayor Susan Horowitz and the Iowa City City Council Iowa City Civic Center 4 I0 East Washington Street Iowa City, Iowa 52240 Re: Proposed Fringe Area Agreement Dear M~t~'itorowitz and Members of the Council: It is the Johnson County Board of Supervisors' intent to respond to the proposed changes and amendments to the existing Iowa City/Johnson County. Fringe Area Agreement as requested by the City of Iowa City and the joint Johnson County/Iowa City committee that has been reviewing and recommending changes to the original document. Board members and staff have been reviewing and responding to the proposed agreement. Our initial response is to say, "In the identified growth area for the City, let's impose city development standards, and in the remainder of the fringe area, let's impose county development standards." However, the Board is still considering the proposed agreement, and we feel our ability to respond would be greatly enhanced if we had answers to a few questions that have arisen during our review. In order to provide viable, equitable, and implementable recommendations to strengthen the Fringe Area Agreement for all concerned parties, the Board feels it must know: Has the City's identified potential growth area changed? Many of the Board's responses are based on the City's identified growth area. Where will the city extend its infrastructure (i.e. roads, sewer, and water), and what is the time frame for providing that infrastructure? If the City can provide the County with the proposed location of, and time frame for, when it will extend its infrastructure, the County could then justify requesting proposed developments provide infrastructure by explaining that this is where and when these areas will be served by the City. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 354-4213 Mayor Susan Horowitz November 2, 1995 Page 2 Why is there disparity regarding commercial and industrial sites? At this time, the regulations proposed for Fringe Area C prohibit the County from approving commercial and/or industrial development in the Highway 1/Highway 218 interchange. It is the County's policy as stated in its Rural Development Plan to encourage commercial and industrial development to locate in these areas, where the existing infrastructure can accommodate this type of land use. What is the City's position on this matter? Why does the proposed agreement prohibit the County from approving this type of land use, yet state that the City, upon annexation, will consider and possibly approve the. same types of uses? Finally, the Board feels that some confusion and misunderstanding would be resolved if the document had a definitions section added to it. For example, what does the City really mean when in refers to ~short term" and ~1ong term"? The inclusion of a definitions section would put us all on the same page and allow for a clearer discussion and response. The Board would also like'to see the addition of the statement, "Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as conhained in the Code of Chapter 335.2 Farms exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations." The Board would gladly agree to meet and discuss the content of this Letter of Intent. Thanks for your attention to this matter. Sincerely, Charles Duffy Chairperson - 1 - November 2, 1995 PROPOSED FRINGE AREA POLICY AGREEMENT BE3WEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1993) allows the City of Iowa City to establish an extraterritorial area, known as the fdnge area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (1993) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and amended through March, 1993, outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's fdnge area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fdnge area as authorized by Chapter 354, Code of Iowa (1993). Purpose: The Fdnge Area Policy Agreement is intended to provide for ordedy and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fdnge area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards - 2 - November 2, 1995 contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. The City and County further agree that upon adoption of this agreement, the City will annex preperbj within the fringe area only with the voluntary cooperation of the land owner and Johnson County. A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following standards apply to unincorporated development in the fringe area. Discourage development in areas which conflict with the Johnsen County Rural Development Policy which considers CSR (Com Suitability Rating), high water table, weftands, floodplain, non-erodible soil, and road suitability. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson county Public Health Department regulations. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure and is more efficient for provision of services. C. Fringe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A (Formerly Areas 2, 3, and 4) Permit residential development by considering, on a case-by-case basis, proposals to rezone land in this area to RS-3 on the east side of Highway 1 and to RS on the west side of Highway 1 provided all new subdivisions are encouraged to comply with the County's provisions for clustered developments contained in Appendix B. Development must comply with City Rural Design standards contained in Appendix A. If land is annexed within Fringe Area A, the City agrees that it will not extend its fringe area authority to review and approve all subdivisions which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. FRINGE AREA El (Formerly Areas 5 and 6) As set forth in Iowa City's recently adopted growth policy, the City will likely annex land within one mile of iowa City to the east and within two miles of Iowa City to the south in the short-range. It is .therefore consistent with the purpose of this agreement that rural ~ 3 - November 2, 1995 subdivisions within these areas of high annexation potential be required to meet urban design standards, Subdivisions within Iowa City's projected growth area shall conform to urban design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to dedicate easements for the purpose of installing utilities, including but not limited to Iowa City sanitary sewer and water lines. Upon voluntary annexation to Iowa City, the subdivider/property owner will be responsible for paying the cost of installation of Iowa City sanitary sewer and water lines. Subdivisions which are approved pdor to annexation shall be required to adhere to the County's provisions for cluster developments. Pdor to annexation, any zoning changes in Iowa City's projected growth area shall be consistent with the City's recently adopted land use plan for Fdnge Area B (Attachment 1). On the balance of the land in Area B that lies outside of Iowa City's projected growth area, agricultural uses are preferred. Consideration will be given to applicaUons for single-family resfdenUal (RS) development beyond a farmstead, provided the site is a) a minimum of one acre in size, and b) in conformance with the County's development standards. Upon annexation of land within Fdnge Area B, the City agrees that it will not automatically extend its fdnge area authority to review and approve all subdivisions which it exercises pursuant to iowa Code {}354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexaUon on a case-by-base basis in agreement with Johnson County. FRINGE AREA C (Formerly Areas 1, 7, and 8) Land in Area C which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions shall conform to urban design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to dedicate easements for the purpose of installing utilities, including but not limited to Iowa City sanitary sewer and water lines. Upon annexation to Iowa City, the subdivider/property owner will be responsible for paying the cost of installation of the Iowa City sanitary sewer and water lines. Subdivisions which are approved prior to annexation shall be required to adhere to the county's provisions for clustered developments. As stated In the Johnson County Rural Develo13ment Plan, commercial and/or industrial develol~ment will be encoure~led to locate in the interchan.~es of paved - 4 - November 2, 1995 roads, Commercial and/or industrial development will be discouraged In all ~ther areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth limits, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. In the portions of Area C which are not within Iowa Clty's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance. Upon annexation of land within Fdnge Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions which it exemises pursuant to Iowa Code {}354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fdnge area as a result of annexation on a case-by-base basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fdnge Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zonln~ Re.qulation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1993), the enabling legislation for the County's zoning powers. The County will forward each request for razoning of property within the Fringe Areas specified In this Agreement to the City for review and comment prior to the public hearing before the County Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. B. Subdivision Regulation: Subdivision of land within Iowa City's growth area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the pciicies specified in this Agreement. -5- November 2, 1995 Persons wishing to subdivide land within the fringe area specified In this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Zoning Commission. o Subdivisions of land into less than three lots per application will continue to be regulated by the County. C. Annexation: Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. The City will, upon receipt, forward applications requesting annexation or severance (deannexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa C. ity Planning and Zoning Commission. SECTION IV, AGREEMENT REVIEW Every three (3) years during the term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City shall initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and. shall be in effect until 2003 . This Agreement may be modified and extended by the written mutual consent of the parties. _SE_CTION Vl, RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (1993). Dated this day of ,1995. JOHNSON COUNTY By: Chairperson, Board of Supervisors Attest: County Auditor Approved by: ~ounty Attorney's Office -6- November 2, 1995 Dated this By: Mayor Affes~ CityClerk ,,. day of CITY OF IOWA CITY ,1995. Appmved by: City Attomey's Office ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Figure 1: Fringe Area B Land Use Plan. 3. Appendix A: Definition of Standards 4. Appendix B: Cluster Subdivision Regulations October 30, 1995 Mr. Ron Boose Sr. Building Inspector 410 E. Washington St. Iowa City, Iowa 522,~0 Dear Mr. Boose A Realtor I was working with the other day informed me you had been appointed by the Mayor of Iowa City to head a council to find out why housing sales are off. Sales in our Iowa City community are indeed down. It has been our experience that slowdowns are almost always the result of cost increases, either in construction or financing. Since rates have remained consistently low, it follows that looking at things that increase costs or impair marketing might make some sense. We are the largest homebuilder in the State of Iowa and a relatively new homebuilder in your community. As such, we have an.opportunity to compare the differences in requirements and ordinances in the twelve communities in ~vhich we build. I thought some of the following information might be beneficial to you in ascertaining some of the reasons for slow sales. Lot development costs are impacted by (1) A storm water release rate that is ten times that of other communities. (2) Installing water main after paving is costly and unnecessary. (3) Our subdivision (SouthPointe) has both overhead and underground power lines. (4) Roll top curbs would save us approximately $300-$400 per house over vertical curbs. We thought we had solved a portion of the problem by grinding down the curbs, but the building department doesn't think the ground area is "smooth" enough. Housing construction costs are impacted by: (1) Requiremeres to insulate basement walls to an R10 level. (2) Mandates for fresh air supplies into basements (3) Required egress windows, wells and drainage. MIDLAND HOMES. INC. 4949 Westown Parleway ,Suite 195 .West Des M'oines. Iowa 50266 . 515.221-4663 · FAX 515.221.4660 1520 Midland Court NF..Sutte 100 .Cedar Rapids. Iowa 524.02 · 319-395.9951 · FAX 319-395-7280 3556 South Culpepper Circle · Suite 104B · Springfield, Missouri 65804 · 417.889-5433 · FAX 417-889-5850 Marketing is irppact~d by: (1) Iowa City is the only City we are aware of in the state that does not allow Sales Centers in the garage era furnished model. This would be a very valuable selling tool and we have been unable to d~t~rmine why the City takes this position. (2) Attic access must be in the middle of bedrooms or hallways I hope some of these suggestions are helpful, please feel free to call me if you would like to discuss further. I have enclosed a booklet entitled "The Truth About Regulations and the Cost of I-Iousing" distributed by the National Association of Homebuilders. Ted C-rob President Midland Homes, Inc. C¢ Mayor Horowitz Ernie Craler Drew Retz October 30, 1995 RANDY R. DICKSON 210 North Gilbert Street Iowa City, Iowa 52245 (319) 354-4668 City of Iowa City City Council 410 E. Washington Street Iowa City, Iowa 52245 Dear City Council: I am sending my Vita as requested. This Vita is in regard to surveying City of Iowa City property for cultural resources in compliance with Federal legislation. If any City property needs to be surveyed within the next six months, I would encourage the Council to act upon it as soon as possible before the ground freezes. Please contact me for further assistance° Sincerely, Randy R. Dickson Enclosure : / VITA NAME Randy R. Dickson ADDRESS 210 North Gilbert Iowa City, Iowa 52245 Phone: (319) 354-4668 E-mail: rdickson@blue.weeg.uiowa.edu EDUCATION B.A. 1987 1988--1993 BoG.S. with concentration in Anthropology Graduate work in Anthropology, Geology and Geography CURRENT RESEARCH Computer generated predictive models to determine areas of high archaeological site potential° Image enhancement of satellite and aerial photos of ancient Anasazi road network in Chaco Canyon, New Mexico. Cost-effective statistical sampling strategies and spatial variability concerning archaeological surveying. PROFESSIONAL EXPERIENCE HIGHLIGHTS 1995 - Present Phase I archaeological survey, Princeton, IN, Booneville, IN, Somerville, IN (American Resources Group, Carbondale, IL) Phase I archaeological survey, Lake Red Rock, Knoxville, IA. (American Resources Group) Phase I archaeological survey 40 mile waterline Carlyle, ILo (American Resources Group) Phase I archaeological survey, Crab Orchard, ILo (American Resources Group) Phase I archaeological survey, Natural gas pipeline, Harper, IA to Davenport, IA (American Resources Group) Phase I archaeological survey, Camp Dodge, IA. (American Resources Group) PROFESSIONAL EXPERIENCE (continued) 1994 Phase I archaeological survey, Lake Red Rock, Knoxville, Resources Group) Vincennes, IN, IA. (American 1993 Phase I and II archaeological surveys for the U.S. Army Corps of Engineers Flood Control project. Monroe City, MO (American Resources Group) 1990 Phase I archaeological survey Ventura, IA to Kingston, Resources Group) (202 miles), IA. (American Phase II and III achaeological surveys, Wausau, WI, Marshfield, WI, St. Getmain, WI. Phase III excavation of late-archaic features associated with a burial complex, La Crosse, WIo (Mississippi Valley Archaeological Center, University of Wisconsin at La Crosse). Randy Dickson Undergraduate and Graduate Course Resum~ Archaeological Method and Theory Archaeology of North America Archaeology of the Midwest Archaeology of the Southwest Special Topics in Archaeology I special Topics in Archaeology II Archaeology of Mesoamerica Anthropological Data Analysis Seminar in Ethnography Anthropological Linguistics Voyagers to the New World Human Origins Study of Society and Culture Anthropology and Contemporary World Problems Indians of North America Ceramics I - IV Introduction to Archaeology Physical Geography Historical Geology Glacial and Pleistocene Geology Quaternary Environments Vertebrate Osteology Geomorphology Advanced Geomorphology Independent Study Geomorphology Remote Sensing Geocomputing/Advanced Remote Sensing OCT 1~ 19~7~ RC.O. t~cP. Ar~T~F~T To: TO~ C[T~ CLERI( 11-lJJ) 9:22a~ p. 2 oF 3 Cl~rl~s D. Duffy, Chairp~on .lo~ Bolkoom Stephen ?. La¢ina Don Schr Sally Stutsman BOARD OF SUPERVISORS November 2, 1995 FORMAL MEETING Agenda l. Call to order following the informal meeting. 2. Action re: claims 3. Action re:' informal minutes of October 24th recessed to October 26th and the formal minutes of October 26th. 4. Action re: payroll aufitorizations 5. 9:00 a.m. - Public Hearing on FY 96 budget amendment requests. a) Discussion/action re: resolution amending the FY 96 budget. b) Discussion/action re: resolution changing departmental appropriations. 6. Business from the County Auditor. a) Action re:permits b) Action re:reports c) Action re:resolution transferring from the General Basic Fund to the Reservoir Roads Fund. d) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: ~0~ CIIY CL£Rg Froa: ~o hogarty 11-l-g§ 9:~aa p. 3 oF 3 Agenda 11-2-95 7. Business from the County Attorney. a) Report re: other items. 8. Business f~om the Board of Supervisors. Page 2 a) Letter to the Federal Aviation Administration regarding intent to cooperate regarding Iowa City Airport/action. b) Action re: joint resolution of the Johnson County Board of Supervisors and the City Council of Iowa City endorsing a concept plan for redevelopment of city and county lands and directing staff to draft an agreement providing te~ms for implementation of the concept plan. (Iowa City Airport property) Action re: Assistant Director job description for Information Services. d) Discussion/action re: designation of floating Christmas holiday for Board of Supervisors office. e) Discussion/action re: application 1108528G for Diagnostic Evaluation Services. f) Action re: computerize dispatch proposals. g) Other 9. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquires from the members of the Board of Supervisors. Report from the County Attorney. d) Other 10. Adjournment. To: I0~ CITY CLERg Froa; jo hogarty 11-1'-95 9:35an p. ~ of 3 Johnson Count)' BOARD OF SUPERVISORS Charles D. Duffy, Chairperson Joe Bollicom Stq~hen P. Lacina Don Sehr Sally Statsman November 2, 1995 INFORMAL MEETING 1. Call to order 9:00 a.m. Agenda 2. Review of the informal minutes of October 24th recessed to October 26th and the formal minutes of October 26th. Business from Jean Schultz, Director for Information Services Assistant Director job description for Information Services/discussion. 4. Business from the Director of S.E.A.T.S. a) Discussion re: computerize dispatch proposals. b) Other 5. Business from the County Auditor. a) Discussion re: resolution transferring from the General Basic Fund to the Reservoir Roads Fund. b) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 To: I0~ CITY CLERK From: 4o hogarty 11-1-95 9:35a~ p. 3 oF 3 Agenda 11-2-95 Page 2 6. Business from the Board of Supervisors. a) b) c) Discussion re: Fringe Area Agreement with Iowa City and a letter of intent. Letter to the Federal Aviation Administration regarding intent to cooperate regarding Iowa City Airport/discussion. Discussion re: joint resolution of the Johnson Connty Board of Supervisors and the City Council of Iowa City endorsing a concept plan for redevelopment of city and county lands and directing staff to draft an agreement providing terms for implementation of the concept plan. (Iowa City Airport property) Other 7. Discussion from the public. 8. Recess. FORMAL MEETING TO FOLLOW City of Iowa City MEMORANDUM Date: November 1, 1995 To: From: Re: The Honorable Mayor Susan M. Horowitz and Members of the City Council Linda Newman Woito, City Attorney ~ Request to keep archaeological site location map confidentia, asserted under state law by State Archaeologist You were provided with an archaeological site location map, contained in information from Jim Glasgow and asserted as part of his case in the James Glasgow v. City of Iowa City (Glasgow II), which is scheduled to be tried in state court next week, namely Wednesday, November 8, 1995. As you know, John Hayek is representing the City in that mandamus action, asserting that the water plant site, including a stand of trees, is an environmentally sensitive land and requires an environmental assessment under NEPA. To this end, and in order to comply with the State Archaeologist's request, I hereby request that you return your photocopies of the archaeological site location map to this Office, since the only portion that was deemed to be "public record" was that area several miles surrounding the water plant site - not other properties well beyond the subject of litigation - namely, the _+ 230 acres for the new water plant site, I have confirmed this information with Tim Weitzel of the State Archaeologist's Office - since Mr. Green is out of the office for the rest of the week. I have also alerted John Hayek to this situation, and am assuming that Jim Glasgow will comply with the State Archaeologist's request for purposes of introducing evidence into the court file in the mandamus trial November 8, 1995. Please call if you have questions. Attachments: Letter from State Archaeologist Copies of state law permitting "closed records" CC: City Manager Assistant City Manager City Clerk John Hayek, Outside Counsel 8EN¥ §Y:Universt~y of Iowa ;11- 1-g5 ;12:11PM ; Eas:lawnw ;~ 2 Nove, mb~ I, 1995 City Courtoil City of Iowa City Ctvio C~nter 410 E. 'Washington Iowa Cit~, Iowa 52240 RB: Amha~logic~l rasou~ea at proposed wa~ pla~t ~ It has b~m brou~t to my at&tion that the documents relalint~ to ths schedulod Nov~aber 8 he~in$ on the water plant sil~ includ~ a map of archaeological sito localohs. This map was photocopied with my p~nnission m assist local landowners planners regarding archaeological sites r~corded in aud adjacimt to proposed dovolopment a~s. I have no objetlion to information on si~s in a~d adja~eut to this tra~t b a ins pan of the public rccont. Howowr, the pho~:~opied segment of the ~rchaeological site location map inohldes m~as several miles f~om the water plant site and ~piots archwologlcal sit~ locations on privato property un~lated to the current case. Under th~ provisions of Codo of Iowa 22.7(21) and 251t.10, I nxluest that the sI~cific locations of tbe sites moro than two miles from the waist plant sito not be made pan of the public record. contact me if them are any qtu~ions on thta subjtw, t, Thank you for your consiclemlion. cc: $. Glasgow William (h~n ~t.o Archaeologist EXAMLNATION OF PUBLIC RECORDS {OPEN RECORDSI, §22.7 cause any such r~ght to be demed or refused. Any person 'knowingly v~olatmg or attempting to violate an3 provision of th~s chapter where no other penalty rs provided shall be guilty of a s~mple misdemeanor 1C71.73.75.77, 79. 81. §68A 6} C85. §22 6 22.7 Confidential records. The following pubhc records shall be kept confi- dential. unless otherwise ordered by a court. by the lawful custodian of the records. or by another person duly authorized to release such information: 1. Personal information in records regarding a student. prospective student. or former student maintained. created, collected or assembled by or for a school corporation or educational institution main- taming such records. 2 Hospital records. medical records. and profes- sional counselor records of the condition. diagnosis, care. or treatment of a patient or former patient or a counselee or former counselee. including outpatient. However. confidential communications between a cr~me victim and the victim's counselor are not sub- ject to dlsdosure except as provided m section 236A.1 However. the Iowa department of public health shall adopt rules which provide for the shar- ing of information among agencies concerning the maternal and child health program, while maintain- lng an m&vidual's confidentiality. 3. Trade secrets which are recognized and pro- tected as such by law. 4. Records which represent and constitute the work product of an attorney. which are related to litigation or claim made by or against a public body. 5. Peace officers' investigative reports. except where disclosure is authorized elsewhere in this Code ttowever. the date, time, specific location, and lmmedmte facts and clrcumstences surrounding a crime or incident shall not be kept confidential under this section. except in those unusual circumstances where disclosure would plainly and seriously jeop- ardize an investigation or pose a clear and present danger to the safety of an individual. 6 Reports to governmental agencies which. if released. would give advantage to competitors and serve no public purpose. 7. Appraisals or appraisal information concern- mg the purchase of real or personal property for public purposes. prior to public announcement of a project. 8. Iowa department of economic development in- formation on an industrial prospect with which the department is currently negotiating 9 Criminal identification files of law enforce- ment agencies. However. records of current and prior arrests shall be public records. 10 Personal information m confidential person. nel records of the mfiitao' division of the department of public defense of the state 11. Personal information m confidential person- nel records of pubhc bodies including but not limited to or,es. boards of supervisors and school districts 12. Financial statements submitted to the de- partment of agriculture and land stewardship pur- suant to chapter 203 or chapter 203C. by or on behalf of a licensed grain dealer or warehouse operator or by an appheant for a grain dealer hcense or warehouse license. 13. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checkung out or requesting an item or information from the }ibrao: The records shall be released to a criminal justice agency only pursuant to an investigation of a par- ticular person or organization suspected of commit- ting a known crime. The records shall be released only upon a judicial determinatmn that a rational connection exists between the requested release of inforraatlon and a legitimate end and that the need for the information is cogent and compelling 14. The material of a library. museum or archive which has been contributed by a private person to the extent of any ]imitation that is a condition of the contribution. 15. Information concerning the procedures to be used to control disturbances at adult correctional institutions. Such information shall also be exempt from public inspection under section 17A 3. As used in this subsection disturbance means a not or a con- &tion that can reasonably be expected to cause a riot. 16 Information In a report to the Iowa depart. ment of pubhc health, to a local board of health. or to a local health department. which identifies a person infected with a reportable disease. 17. Records of identity of owners of public bends or obligations maintained as provided in section 76.10 or by the issuer of the public bonds or obliga- tions However, the issuer of the public bonds or obligations and a state or federal agency shall have the right of access to the records 18. Communications not required by law, rule, or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Notwithstanding this provision: a The communication is a public record to the extent that the person outs:de of government matung that communication consents to its treatment as a public record· b. Information contained in the communication is a public record to the extent that it can be disclosed without directly or indirectly indicating the identity of the person outside of government maFang it or en- abling others to ascertain the identity of that person. c. Information contained in the communication is a public record to the extent that it indicates the date. time. specific location. and immediate facts and cir- cumstances surrounding the occurrence of a crime or other illegal act. except to the extent that its disdo- ,~22.7. E~MINATION OF PUBLIC RECORDS IOPEN RECORDS~ 342 danger to the safety ofany person. In any action chal- len~ang the Ihilure of the lawful custodian to disclose any par t~cular m formation of the kind enumerated in this parag?aph. the burden of proof is on the lawful custodian to demonstrate tbat the disclosure of that information would jeopardize such an investigation or would pose such a dear and oresent danger 19. Examinations. including but not limited to cogmnve and psychological examinations for law en- forcement officer candidates adnumstered by or on behalfofa governmental body. to the extent that their d~sclosure could reasonably be believed by the cus- todian to interfere with the accomphshment of the objectives for which they are administered. 20. Memoranda. work products and case files of a mediator and all other confidential communica- tions m the possession of an approved dispute reao- lutmn center. as provided m chapter 679. Information ~n these confidentml communications ~s subject to d~sclosure only as prev~ded in sectran 679 12. not- w~thstanding th~s chapter. ~ 21 Information cancerrang the nature and loca- tion of any archsea ogical resource or site if. in the opinion of the state archaeologqst, disclosure of the mformat~on wdl result m unreasonable risk ordain- age to or loss of the resource or s~te where the re- source ~s located. This subsection shall not be con- strued to interfere with the respons~bd~ties of the federal government or the state historical preserva- tion offi:cer pertaining to access. disclosure, and use of archaeologucal s~te records 22 Information cancerrang the nature and loca- tion of any ecologically senstove resource or site if, in the spinran of the director of the department of natu- ral resources after consultation w~th the state ecolo- gist, disclosure of the information will result unreasonable risk of damage to or loss of the resource or s~te where the resource ~s located. This subsection shall not be construed to interfere with the respon. sibilities afthe federal government or the director of the department of natural resources and the state ecologist pertaimng to access, d~sclosure, and use of the ecologically sensitive site records 23 Reports or recommendstrans of the Iowa in- surance guaranty assocmt~on filed or made pursuant to sectran 515B.10, subsection 1, paragraph "a". sub- paragraph 24. Information or reports collected or submitted pursuant to section 508C 12. subsectmns 3 and 5, and section 508C. 13. subsectmn 2, except to the extent that release ~s permitted under th~se sections. 25. Records of purchases of alcohohc liquor from the alcoholic beverages division of the department of commerce which would reveal purchases made by an individual class "E" hquor control licensec. However. the records may be revealed for law enforcement purposes or for the collection of payments due the d~v~sion pursuant to section 123.24. 26. Financml reformatran, which if released would gwe advantage to competitors and serve no pubhc purpose. relating to commercial operations conducted ur rotended to be conducted by a person submitting records contrarang the informarran to the agricultural diversification bureau of the depart- ment of agriculture and land stewardship for the purpose of obtaining assistance m business planning. 27. Apphcatmns. investigation reports. and case records of persons appl?.ng for county general assis- tance pursuant to seenon 252.26. 28. Marketing and advertising budget and strat- e~- of a nonprofit corporation which is subject to this chapter However. this exemption does not apply to salaries or benefits of employees who are employed by the nonprofit corpsrattan to handle the marketing and advertising responsibilities. 29 The information contained m records of the centralized employee registry created in chapter 252G. except to the extent that disclosure is autho- rized pursuant to chapter 252G 30. Records and information obtained or held by independent specml counsel during the course of an mvesngation conducted pursuant to section 68B.34. Information that ~s disclosed to a legislative ethics committee subsequent to a determlnatmn of probable cause by independent special counsel and made pur- suant to section 68B 31 ts not a confidential record unless otherwise provided by law. 31. Informarran contained in a declaration ofpa- termty completed and filed w~th the state registrar of vital statistics pursuant to section 144.12A. except to the extent that the information may be provided to persons m accordance with section 144.12A. 32. Memoranda. work products, and case files of a mediator and all other confidential cammunica- trans m the possessran of a med~ater. as provided in chapter 86. Information m these confidential com- mumcatlons is subject to disclosure only as provided m section 86.44. notwithstanding any other contrary provision of this chapter. (C71, 73, 75, 77.79. 81,868A.7; 81 Acts, ch 36, 81, ch 37, 81, ch 38, §1, ch 62, 841 83 Acts, ch 90, §9.84 Acts, ch 1014, §1; 84 Acts, ch 1185, 85. 6 C85, §22.7 85 Acts. ch 134. §16. 85 Acts. ch 175. §1.85 Acts. eh 208. 81:86 Acts. ch 1184. §h 86 Acts. ch 1228. 81, 87 Acts, ch 223. §20.88 Acts, eh 1010.81:88 Acts. ch 1256. 81:89 Acts. ch 194, §1.89 Acts. ch 304. 8102; 89 Acts, ch 31 l, §22:90 Ae~s, ch 1017, §1, 90 Acts, ch 1271. 8703. 92 Acts. ¢h 1212. §3; 93 Ac~s, ch 79, 82; 93 Acts, ch 163, 827:94 Acts. ch 1023, §76~ 94 Acts. ch 1064, 81:94 Acts, ch 1092.81; 94 Acts, ch 1174, 81 22.8 Injunction to restrain examination. 1. The district court may grant an injunction restraining the examination. including copying, of a specific public record or a narrowly drawn class of public records. A hearing shall be held on a request for injunctmn upon reasonable notice as determined 2139 ~t ~s determined by the appropriate authority that such objects cannot be reasonably removed or other- wise preserved. consideration shall be given to pos- sible alternate locations of the highway 2. Ifduring the course ofconstmction.historicalob- jects are encountered. the appropriate authority shall be notified immediately and steps taken to excavate and preserve the objects if practicable or if preserva- tion is impracticable. to permit the appropriate au- thority to obtmn and record data relative thereto. 3. Agreements may be entered into with the ap- propriate authority to pay from federal highway funds the reasonable cost of salvage work. Extra work orders may be issued to the contractor where necessary and extra work orders may be issued in cases within the meaning of"subsurface or lateral condttwas" or known phystcal condttions"wh ere such terms are used in the standard contract forras. Payment for salvage work shall be limited to that performed within the roadway prism and any location designated as a source of material. If the contractors operations are delayed because of salvage work such contractor shall be entitled to an appropriate extension of the contract tune. If practicable, the operations shall be roscbed- uled to avoid the section where the histo~cal material is. until the removal ofit- 4. The cost of exploratary work pr~or to canstruc- tion shall be borne by the appropriate authority. Costs of excavation of historical objects or recorda- tion of data may be paid by the federal highway funds. Excavation costs may include costs of protect- ing and preservation during removal from the site but shall not include the expense of shipping histori- cal objects from the site. [C66.71.73.75, 77.79, 81, §305A.5] C93. §263B.5 263B.6 Federal funds. Where federal funds are avmlable to the state under federal statutes providing for archaeological and paleontelogieal salvage, they shall be collected and credited as provided in section 307.44. [C66, 71, 73.75.77.79. 81, §305A.6] C93, §263B 6 263B.7 Ancient remains. The state archaeologist has the primary responsi- bility for investigating. preserving. and reinterring discoveries of ancient human remains. For the pur- poses of this section. ancient human remains are those PERPETUATION OF COLLEGE CREDITS, Ch 264 remains found within the state which are more than one hundred fifty years old. The state archaeologist shall make arrangements for the services of a forensic osteologist in studjnng and interpreting ancient bari- als and may designate other qualified archaeologists to assist the state archaeologist in recovering physical and cultural information about the ancient burials. The state archaes]ogist shall file with the Iowa de- partment of public health a written report containing both physical and cultural information regarding the remains at the conclusion of each investigation [C77, 79, 81, §305A.7] 91 Acto, ch 97, 941 C93, §263B.7 263B.8 Cemetery for ancient remains. The state archaeologist shall establish. with the ap- proval of the executive ceancil, a cemetery on existing state lands for the reburial ofanciant human remains found in the state. The cemetery shall not be open to the public. The state m'chaeslogist in co-operation ~th the department of natural resources shall be respon- sible for co-ordinating interment in the cemetery. [C77, 79. 81. §305A.8] C93. §263B.8 263B.9 Authority to deny permission to dis- inter human remains. The state archaeologist shall have the authority to deny permission to disinter human remains that the state archaeologist determines have state and na- tional significance from an historical or scientific standpoint for the inspiration and benefit of the people of the Urnted States {C79, 81. §305A 9] C93, §263B.9 263B.10 Confidentiality of archaeological locations and information. The state archaeologist shall comply with the re- quirements of sectwn 22.7~ subsection 2L regarding information pertaining to the nature and location of archaeological resources or sites. The state archae- ologist shall consult w~th other public officers serving as lawful custodians of archaeological information to determine whether the mformat~on should be confi- dentrol or be released 86 Acts, ch 1228. §2 C87. §305A.10 C93. §263B.10 CHAPTER 264 PERPETUATION OF COLLEGE CREDITS 264 I Mandatory transfer of record of credas 264 2 Central depos:tor3 2643 Duty of depositor3 264 4 Transcripts. 264.5 Fees. 264 6 Penalty 264.7 Records of prior defuncl ~nant ut ~ons To: IO~q CITY CLERK From: .io hogarty lI--fi-9§ 8:33aa p, 2 o~ 2 Johnson Counb- BOARD OF SUPERVISORS Charles D. Duffy, Chah~rson Joe Bolkcom Stephen P. Lacina Don Sohr Sally Slutsman November 7, 1995 INFORMAL MEETING 1. Call to order 9:00 a.m. Agenda Review of the informal and formal minutes November 2nd. Business from the Board of Supervisors. a) Discussion re: b) Reports c) Other appointment to the Juvenile Detention Committee. Discussion from the public. Recess. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 City of iowa City MEMORANDUM Date: November 7, 1995 To: From: Re: City Manager; Division & Department Heads; City Council Linda Newman Woito, City Attorney ~ Staff Update I wanted to let you know that Assistant City Attorney Bev Ogren resigned effective November 6, 1995. Anne Burnside will be covering Magistrate's court until further notice. Legal Assistant Mary McChristy and I will be handling the property acquisition and condemnations. Anne Burnside and I will be handling the community development issues in the interim. In the meantime, Anne Burnside and I will begin a search for a replacement for the vacant position. CC; City Clerk Assistant City Manager Inw~staf fu~xl.mmo