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HomeMy WebLinkAbout1999-05-04 Info PacketCITY COUNCIL INFORMATION PACKET April 23, 1999 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 MISCELLANEOUS ITEMS Meeting Schedule and Tentative Work Session Agendas Memorandum from Assistant City Manager: Cable Television and Related Issues Memorandum from City Attorney: Iowa State Bar Association Government Practice Section Seminar Letter from Finance Director to City of University Heights Mayor: City of Iowa City Water and Sewer Rate Proposed Increases Effective August 1, 1999 Memorandum from JCCOG Traffic Engineering Planner to College and Washington Street Residents: Status Report: Traffic Calming on College and Washington Streets Letter from Carolyn Cavitt (Stepping Up Project): Local Businesses and Underage Drinking [to be accepted on May 4 Formal Meeting Consent Calendar] Letter from Leah Cohen (BoJames) to Carolyn Cavitt (Stepping Up Project): to Letter Article: Police to Set Policy for Traffic Stops [Kubby] Article: Public Subsidies to Firms Fail 'Bang for Buck' Test, Study Finds [Norton] Agenda: April 22 JC Board of Supervisors Board and Commission Applications Proposed Transit Route Changes [Council packets only] Press Release of PCRB forum - April 28. Response [ 04-23-99 ~-~-'~-~i, IP1 -- City Council Meeting Schedule and A.., 23, ~999 ~q;,~;;~' Tentative Work Session Agendas Computer Q & A (Council Only) COUNCIL WORK SESSION 6:30p 7:00p Council Chambers Council Chambers May 4 Tuesday 7:00p I May 5 FORMAL COUNCIL MEETING Council Chambers Wednesday 8:00a SPECIAL COUNCIL WORK SESSION Council Chambers Capital Project Financing IMay 17 Monday 6:30p COUNCIL WORK SESSION Council Chambers May 18 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers i~.~ 3 ~ ............................ MEMORIAL DAY - CITY OFFICES CLOSED I June 14 6:30p 7:00p Computer Q & A (Council Only) COUNCIL WORK SESSION Monday I Council Chambers Council Chambers I June 15 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers Goosetown Traffic Calming Transit Interchange Energy Deregulation Airport Terminal Council Goals Adopt-A-Park Angle Parking Invisible Fences Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Chutes and Vaults Hickory Hill West Englert Theater Free-Standing Signage Iowa Avenue Parking Garage Board/Commission Absence Policy Animal Microchipping Circuses and Rodeos City of Iowa City MEMORANDUM Date: April22,1999 To: City Council Telecommunications Commission From: Assistant City Manager Re: Cable Television and Related Issues Council Members have recently inquired about Cable TV related issues referenced in the minutes of the Telecommunications Commission. Following is an update on several of these issues. McLeodUSA Franchise Last November voters in Iowa City (and in Coralville) approved the granting of a franchise to McLeodUSA to provide cable television services. The negotiated Franchise Agreement was available for public inspection prior to the November referendum and was set forth as the agreement under which McLeodUSA would operate its cable system. You will recall that this agreement is nearly identical to our agreement with CableVision VII, Inc. (TCI) in order to meet the federal requirements that we maintain a "level playing field" for competitors in cable TV service locally. The next step after approval by the electorate was to execute the agreement with McLeodUSA. However, this has not as yet been accomplished. We accelerated our negotiations with McLeodUSA last summer in order to meet the deadline of August 26, 1998, for authorizing the issue to be placed on the November election ballot. However, since that time McLeodUSA has raised some issues which we hoped could be resolved without substantially changing the franchise agreement. Having further discussed these issues however, there is some question whether resolution can be achieved without necessitating another referendum. Staff, along with two representatives from the Telecommunications Commission, met with representatives from McLeodUSA on April 14th. Our discussions lead me to believe that we may be able to reach agreement on the issues in question. A legal determination will be made as to whether or not resulting changes will be of sufficient substance to warrant a new referendum. Should that be necessary, it can hopefully be included on the election ballot in November, 1999. You are aware that the City of Coralville could not reach agreement with McLeodUSA and has determined that a new referendum is required in that city. The mattere currently at issue between Iowa City and McLeodUSA are very similar to those at issue in Coralville. The three primary issues which remain to be resolved are summarized in the attached letter from Randy Snyder, Vice President for Business Development with McLeodUSA. While we do not necessarily agree with each position put forth in the letter or with their supporting rationale, the nature of the three issues is clear. We have explored concepts for resolving these issues and it appears that some mutual compromise is possible. However, no alternative language has been agreed upon and these concepts first need to be further refined. Our discussions on the 14th were very encouraging and we plan to meet again in the near future. Cable TV Issues Page 2 TCIIAT&T Merger You received several weeks ago a copy of a letter from TCI advising us of the approval of the merger between TCI and AT&T. Based on our local ordinance and on federal law, we were very limited as to any additional requirements we could place on the cable company as a condition of our granting approval of the transfer of ownership. We are allowed to look at certain things relating to legal, financial, character, technical and other public interest concerns we may have as these relate to a transferee's ability to meet existing ordinance and franchise requirements. Since the transferee in this case is AT&T, there appears to be little doubt that it could meet our requirements and that it has the technical and financial resources to provide service locally. We did inquire about a few issues and received appropriate written assurances from TCI such that we believe all requirements were met. We sought the advice of our professional consultants, Rice, Williams Associates during this process as well. We concluded that there were no grounds for formal objection by the City to the transfer of ownership. The merger does not mitigate in any way the requirements that the local cable television provider(s) continue to comply with all aspects of the enabling ordinance and existing franchise agreement. Coralville Support for Government Access Channel 4 Programming Costs Several years ago we approached the City of Coralville regarding their financial support toward the overhead cost of programming Government Access Channel 4 (GAC4). All costs for operating this channel are currently derived from Iowa City franchise fee revenues and limited chargebacks for actual services rendered. However, subscribers in Coralville have received this channel free from the beginning. We have continued to request that Coralville pay a proportional share of only the overhead costs based on the number of subscribers in Coralville. We calculated this to be about 25¢ per month per subscriber. In addition, they would need to enter into a separate agreement with Response Television Corporation (RTC), the company with which we contract for rights to use of the interactive information services software that we call "lnfoVision", offered on GAC4. The amount required by RTC is 10¢ per subscriber per month, less than Coralville would pay if they were subscribing independently to this software service. Incidentally, the City of North Liberty requested last year that GAC4 be provided for its system and has agreed to a similar financing arrangement. Initially the City of Coralville agreed to consider this issue upon completion of its franchise renewal process with TCI, at which time their franchise fee went from 3% to 5%. That process was completed nearly two years ago. Since then we have met with Coralville representatives, including a visit with the Coralville Broadband Telecommunication Commission in October 1998. Thus far we have received no definitive response. Coralville is interested in receiving only the programmed portion of GAC4 and is not interested in Infovision. We are not aware of any way that we can separate these services which are both fully integrated into the channel. Meanwhile all Coralville subscribers continue to receive GAC4. In addition, we have a contract with Coralville whereby We provide staff to tape and cablecast their Council meetings, and we charge a fee which was established to cover our costs. We have had this arrangement for several years. Cable TV Issues Page 3 Right-of-way Management Ordinance A related matter has to do with what originally was to be a comprehensive telecommunication ordinance for the City. Because federal and (more recently) state laws have been changed to become more restrictive, this ordinance will take the form of a right-of-way management ordinance and will be far less comprehensive than originally intended. Staff is in the process of reviewing a draft ordinance and I anticipate Council will receive a proposed ordinance this spring or early summer. Rate Deregulation As of March 31, 1999, we now have regulatory authority over only the basic cable rate and we are no longer protected by FCC regulation of expanded basic services. So while we can require the cable company(s) to comply with FCC formulas involving maximum permitted basic rates (we've been in a dispute with TCI over its very first calculations in 1996 which has yet to be finally resolved by the FCC), the company may set other rates as they please. Since a vast majority of subscribers purchase more than the basic service tier, basic rate regulation authority now has far less impact. Rates will continue to be market driven and the Cable providers will simply charge for their optional tiers and other pay services accordingly. Only those who subscribe to just the basic service (less than 10%) will continue to benefit from rate regulation. Please let me know if you have any questions or would like further information on any of these issues. CC: Stephen J. Atkins, City Manager Drew Shaffer, Cable TV Administrator Andy Matthews, Assistant City Attorney rngr%asst~ncleod.doc Mr. Dale Helling Assistant City Manager City of Iowa City 410 East Washington St. Iowa City, IA 52240-1826 ml' m/L ER'S OFfTCt Dear Mr. Helling: I would like to thank you and the other city officials for spending the time to work with McLeodUSA to finalize our franchise agreement. As we discussed, this agreement is very important to McLeodUSA's overall strategic business plan and we are anxious to make Iowa City one of the first communities in the country to enjoy the advantages of true competition. We also believe that the superior quality of service, bandwidth and economic development opportunities that will be delivered by our state of the art fiber network will provide great benefits to The City and to your citizens. Your attention to the details we have discussed is most appreciated and I am confident we will reach final agreement on our remaining issues. As we discussed, I would like to summarize the issues we reviewed in our last meeting on Wednesday, April 14. I believe our discussion was very productive because there is now a clear understanding of the unique positions of each party. Given that understanding, we should be in a position to come to agreement. We discussed three primary issues, including: Franchise Fees on Internet Services This was a new issue that was raised by the City of Coralville after the November general election. In fact, it took McLeodUSA some time to consider the issue before we could take a position. This was not an issue that came up in any of our previous franchise negotiations with Iowa City or any other community. However, after researching the issue relative to the Telecommunications Act of 1996, it is McLeodUSA's position that all Internet services are covered by the "Information Services" section of the 1996 Telecommunication Act and are, therefore, unreguiated an6 cannot be subject to local franchise fees. McLeodUSA is taking a hard stand with this issue because franchise fees applied to cable supported Internet services would be unfairly applied based on the delivery mechanism and not the service in general. This would result in our Internet product having a higher cost basis relative to USWest's DSL service. DSL Internet service cannot be subject to franchise fees because the delivery mechanism for DSL is a phone line, which is regulated at the state and federal level. Our goal in Iowa City is provide a quality and competitive alternative to both USWest and TCI. Subjecting our Internet service to a franchise fee would put our service at a competitive disadvantage to USWest's DSL service. I believe The City and McLeodUSA have come to a reasonable compromise on this issue. That is, there will be no franchise fees applied to McLeodUSA's Internet service unless the federal 221 THIRD AVE SE SurrE 500 CEDAR RAPmS, IA 52401 PHONE 319-298-7024 FAX 319-298-7595 ' http://www. mcleodusa. com government or courts rule that Internet services are subject to local franchise fees and are applied evenly to all providers. Access Fees The City is asking McleodUSA to pay an annual fee to support public programming in the amount of $163,000. This is the same amount TCI has agreed to pay and The City believes that providing a "level playing field" for the two competitors requires that each pay the same amount. McLeodUSA's position on this issue is that citizens are interested in the benefits of competition (i.e. better service, more choice, downward pressure on rates and expanded economic development opportunities). McLeodUSA has geared its strategy around that concept. Though paying the same public programming fee as TCI sounds reasonable at first, further consideration reveals that your citizens would be supporting twice the existing amount for public programming (the amount would double with two providers, but the number of subscribers will remain rather constant). McLeodUSA intends to be an outstanding corporate citizen of Iowa City. We also recognize the value of the public programming these payments would support. McLeodUSA will provide it's fair share of support for this important communication service. However, as we discussed, the best way to approach these payments is to agree on a plan that considers the relative number of subscribers for each provider. That is, it would seem out of balance to ask McLeodUSA to pay the same amount as TCI when the relative subscriber basis is by no means equal. You must consider that TCI has a virtual monopoly to support their portion of the fee and McLeodUSA will gain subscribers only slowly as the network is being deployed and existing subscribers are marketed away from TCI. A per subscriber based payment plan will provide a level playing field and help control cable rates at the same time. It will be difficult for McLeodUSA to provide the full benefits of competition if payments for public programming result in rate hikes. Cable rate hikes also encourage increased market penetration from alternative content providers (e.g. satellite providers), These competitors do not support local public programming or franchise fees. These alternative content providers have enjoyed recent unprecedented market penetration gains primarily because of rising cable rates. New federal legislation could give these competitors expanded advantages that could accelerate their penetration even more. Every subscriber lost to alternative content providers erodes the franchise fees collected for the city and the revenues of the cable providers that support public programming. Our agreement in the meeting was that The City would propose an alternative payment plan for McLeodUSA to consider. We appreciate the city's recognition of our position on this issue and we look forward to seeing your alternative proposal. Timing and the Need for Another Referendum Naturally, it would be McLeodUSA's preference to avoid another referendum and the associated costs. However, we are also conscious of how passing time and changes to the original franchise document might be considered material and could result in the requirement of a second referendum. McLeodUSA is prepared to deal with the consequences and will agree to a second referendum if both parties agree it is prudent. It is also important for McLeodUSA to come to agreement with both The City of Iowa City and The City of Coralville before making final building commitments. From a network planning and deployment perspective, there are a number of significant advantages to dealing with the two communities as one single market. However, this is not to say McLeodUSA requires a single franchise to cover both cities (we will negotiate separate franchises in the two cities). Therefore, we are still in a negotiating mode with The City of Coralville and have not completely resolved issues similar to the Iowa City issues. As we agreed, we will continue to negotiate agreements to the remaining issues. Once we have agreement on these issues, we will be in a better position to determine if a second referendum is required. This will also give McLeodUSA more time to finalize a network deployment design and plan that will deliver an incredible service to the citizens of Iowa City. Again, I would like to thank you on behalf of McLeodUSA for understanding the importance of these issues as we continue to evolve in this rapidly changing telecommunication industry. We are extraordinarily excited about the future and what we provide to The City of Iowa City and to your citizens (our customers). I look forward to receiving your alternative payment plan and I will schedule another meeting with you once we have had an opportunity to review your proposal. Sincerely Vice President, Business Development Cc. Dave Luneman Kevin Rice City of Iowa City MEMORANDUM Date: April 22, 1999 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Iowa State Bar Association Government Practice Section Seminar I serve on the Council of the Government Practice Section of the Iowa State Bar Association and have this year co-chaired the section's seminar which will be held on Friday, April 30, 1999. I will also be speaking at that seminar on municipal conflicts and will be out of the office the entire day, CC: Steve Atkins Marian Karr tp4-1ed.doc April 16, 1999 Mayor Donald Swanson City of University Heights 138 Koser Ave. Iowa City, IA 52246 CITY OF I0 W.,4 CITY Re: City of Iowa City Water and Sewer Rate Proposed Increases effective August 1, 1999 Dear Mayor Swanson: Pursuant to the 28-E Agreement between Iowa City and University Heights I am notifying you of a proposed increase in water and sewer fees effective for billings on or after August 1, 1999. A public hearing on the proposed rate changes will be held as part of the formal City Council meeting at 7:00 p.m., on April 20, 1999. The proposed rate increase for water is 15% and 10% for sewer fees. The increases are needed to pay for operating costs as well as the debt service payments on bond issues that have been issued and that are projected to be issued to fund the new water plant fadlity and the expansion to the wastewater facility. I am enclosing information explaining the impact to the users. I am also enclosing a spreadsheet, which shows the historical cash balances, revenues and expenses, and ending cash balances for both the water fund and sewer fund from Fiscal Years 1993-2000. I am also end·sing a copy of the project costs since 1994 that have or will need to be completed for both the water and sewer. The remaining large projects for the water system is the building of the new water treatment facility and the largest project remaining for sewer is the expansion of the treatment fadlity which will double the capacity at the south plant. I'd be happy to meet with you to discuss this information at your convenience. Again the planned effective date for the rate increase is August 1, 1999. Please call me at 356-5052 if you have any questions. -Sincerely, Donald J. Yucui~ ~ cc: v/City Council City Manager Steven E. Ballard, Attorney for University Heights ImMtt~ly4-15.doc 41o EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1126 · (319) 356-5000 · FAX (319) 356-5009 April 15, 1999 College and Washington Street Residents 04-23-99 IP5 CITY OF I0 W,4 CITY Re: Status Report: Traffic Calming on College and Washington Streets Dear Resident: As you will recall, last summer and eady fall the City worked with your neighborhood to develop a traffic calming project in response to neighborhood concerns about traffic speeds on College and Washington Streets between Summit and Muscatine. The process included neighborhood meetings seeking your input. a neighborhood survey to determine if there was approval of the developed project, and ultimately approval by the City Council. The appmved project is to install traffic calming devices on College Street and Washington Street at the intersection with Summit Street as well as a mid-block median on College Street. Over the next couple of weeks we will be out marking and installing the traffic calming devices in a temporary fashion. In approximately one year, we will complete a follow-up traffic study and another neighborhood survey to determine if the devices have been effective on College Street and Washington Street. If you have any comments or questions, please call me at 356-5254, or email me at Doug_Ri pley@ iowa-city. org. Sincerely, Doug Ripley JCCOG Traffic Engineering Planner City Col,ndt~ cc: ~ Atkins, City Manager Kadn Franklin, Director, Department of Planning & Community Development Jeff Davidson, Assistant Director. Department of Planning & Community Development Rick Fosse, City Engineer Marcia Klingaman, Neighborhood Services Planner Bud Stockman, Streets Superintendent Pat Harney. Police Department Joe Fowler, Director of Parking and Transit Andy Rocca. Fire Department jcc~tpul~l&wss~.~oc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52340-1126 · (319) 356-5000 · FAX (JIt) 3Si-$OOt . College/Washington Street Traffic Calming Proposal Mary ,Sum Coicm.m Dale HdlinI Phi!l,p E. Jmez Julic Kame/. Evduacor pat K~tdum Mar/gho-uJah Emie Lehman D,ck Myc. Steve P~troct Juhc Phyc. Project Coordinator Jo:n Van&n~rl ~ ~ite J. Pat6ck White A COMMUNITY AND CAMPUS COALITION TO REDUCE BINGE D~INKING 4-15-99 Iowa City Council 410 E. Washington Street Iowa City, IA 52240 llpR 2 0 1999 CITF NAItAGER,S OFRCE Dear Council Members, The Stepping Up Project began in 1997 with a coalition of leaders from Iowa City and the University of Iowa. The goal of the project is to reduce the mount of high-risk or "binge" drinking among college students. The project was rounded in response to the recently identified high health, social, and economic consequences of hinge-drinking across a wide socio-economic spectrum. Specifically, the Accessibility Task Force is dedicated to limiting the availability of alcohol to individuals not of drinking age, and to those adults who by irresponsible use of alcohol endanger the lives, health and property of others as well as their own. On April 13m of this year, the Stepping Up Coalition sent a total of 40 letters to local liquor licensees, commenting on their rate of service to under-age drinkers as compiled by the Iowa City Police Department. 34 of the letters were sent to commend owners on having zero or one under-age drinker cited during routine checks by the Iowa City Police Department. A copy of the commendation letter to the Wig and Pen is endosed for your review. Six letters of concern were sent to bar owners who had more then one under-age drinker cited during checks by Iowa City Police Officers. A copy of the letter of concern to The Field House bat is enclosed for your review. The 34 bars which received letters of commendation are as follows: Augdes Carlos O'Kelley's Chauncey's Colonial Lanes Dave's Foxhead The Deadwood Diamond Dave's Old Capitol Center Diamond Dave's Sycamore Mall The Dublin Underground The Eagles l_~dge George's Buffet Gringos The Ground Round The Highlander The Hilltop Jimmy's Bistro Jimmy's Brick Oven Jirsa's Joe's Phce The Keglet Lounge Kittyhawk Memories Mike' s Tap The Mill The Moose Lodge Mumms The Outer Limits Phrnor Roxie's Sanctuary TGI Friday's Tuck's Place Veterans of Foreign Wars The Wig and Pen. The six establishments which received the letters of concern are as follows: Bo James The Fieldhouse One Eyes Jake's The Sports Column The Union Vitos. The Stepping Up coalition feels it is crucial to provide feedback to bar owners in out community regarding their compliance or hck thereof with laws related to alcohol use by minors and others. It is the hope of the Coalition that increased awareness of alcohol consumption in our community will work to prevent both the primary and secondary harmful effects of binge drinking. SLrlcerely, Carolyn Cavitt Chair CC: Coralville City Council State Alcoholic Beverage Commission A COMMUNITY AND CAMPUS COALITION TO REDUCE BINGF- gRINKING Dde Hd~mI Phdhp E. Joins Julie Keamq'. E~d~acoc Pac Ke~clgm Emie Lchrsm D,ck Myers S~cvc Psrro~t J~,c Ph},c. pcoiccc Coordu~cor Jos~ Va^dcn~erl Bn~ Wl~,ce j. P:cdck 4-13-99 The Wig and Pen 1220 Highway 6 E. Coralville, IA 52242 Dear Owner, Congratulations from the Stepping Up Project! As a Community and University Coalition committed to reducing binge drinking and its negative effects on others, we are very pleased to note that you and your employees did an excellent job this past year monitoring underage drinking at your establishment. In fact, during checks by the Iowa City Police in the past year, your establishment is one of 34 bars/restaurants in Iowa City that had only zero or one underage drinker cited. Binge drinkers, and the problems they create for others, come in all ages. We understand that reducing underage drinking is only part of the solution to reducing binge drinking. However, we do know that 59% of our underage students are binge drinkers. Establishments that let underage students chink not only send a mixed message to students, they send a message to the community about their business practices. We want to thank you for the conscientious and responsible manner in which you and your employees operate your business. Keep up the good ~vork! Sincerely, Carolyn Cavitt, [///Jim Chyton Chair '- Vice-Chaix CC: Io~va City City Council Coralvi!le City Council State Alcoholic Beverage Commission Jn (::2aT~on Muy Sue Colmgn D-!c HdlmI Ph~,p E. Joea Jul{c Kame/. E,J,,-cor Pat Ketcham Mar'/Khowassah Emie Lehmm D,ck Myers Steve ParroK Juhe Phye. Project Coordinator Brl.m White i- PJ, crick White 4-8-99 Mr. Lew Converse Field Home Bar 111 E. College Street Iowa City, IA 52240 Dear Mr. Converse, As a Community and University Coalition committed to reducing binge drinking, drinking to get dank, and its negative effects on others, we are concerned to note that you and your employees have experienced difficulty in monitoring underage drinkers in your esablishrnent in the past year. Each me the Iowa City Police checked your establishment in the past year, at least one underage drinker was cited. In fact, an average of 1.8 underage persons were cited in your esablishrnent each time it was checked. While we understand that students will share their drinks with younger patrons, we want to encourage you and your employees to increase your compliance with state hw. Binge drinkers and the problems they create for others come in all ages. We understand that reducing underage drinking is only part of the solution to reducing binge drinking. However we do know that 59% of our underage students are binge drinkers. Establishments that let underage students drink send a mixed message to students. We also understand that the responsibilities of a business owner/manager are many and complex. Our goal is to reduce the harm caused to students and our community by binge drinking. If we can assist you in any way, please give us a call. Sincerely, Chair Vice-Chair CC: Io~va City City Council Coralville City Council Sate Alcoholic Beverage Commission Ms. Carolyn Cavitt Chair The Stepping Up Project IFOOD ~ DRINKI 118 EAST ~q'ASHINGTON 337-4703 Dear Ms. Cavitt: I was offended and frankly outraged to receive your letter of April 8, 1999, concerning the operation of my business, Bo-James, in Iowa City, Iowa. First of all, you state in your letter, Each time the Iowa City Police checked your establishment in the past year, at least one underage drinker was cited. While we understand that students will share their drinks with younger patrons, we want to encourage you and your employees to increase your compliance with state law. By my initial calculations, my restaurant and bar business, my livelihood incidentally, served approximately 140,000 customers in the past 12 months. Routinely, my establishment is visited by the Iowa City Police Department at least once per night, every Wednesday, Thursday, Friday, and Saturday of each week. The figures you set forth in your letter are incorrect. Obviously, there are several factors you are unfamiliar with. One of the most important one is that officers visit many times without citations being issued. I have very thorough records of all police routine and what I call irregular visits. With over 28,000 students in Iowa City, it is always challenging for myself and my staff to monitor the behavior of each and every one of them. Students should be responsible for their own actions. Now you must also understand, the vast majority of those persons determined to be drinking alcoholic beverages under the age of 21, were asked for and produced to my employees a driver's license indicating a legal drinking age. For the fifteen years I have been the owner and operator of my business here in Iowa City, I have always done my utmost and had my employees do theirs, to comply with Iowa law. As far as I kno.w, my establishment in no way is in violation of Iowa law by serving alcoholic -2- beverages to persons who produce a false identification so long as we have done everything reasonable to insure that the identification is correct, and so long as we have no other reasonable indication that the person is an underage illegal drinker. It is truly offensive to have your organization suggest that my business is somehow lax in compliance with the law. Furthermore, I am indeed outraged that you have deemed it appropriate to send a copy of your letter to me to the Iowa City City Council, the Coralville City Council, and to the State Alcoholic Beverage Commission. In order for me to continue my livelihood in the City of Iowa City, I must have a continued regulatory relationship with the City of Iowa City as well as with the State Alcoholic Beverage Commission. Your communication to those entities, with your suggestion that somehow my business is not in compliance with State law, which is what you suggest in the last sentence of the first paragraph of your letter, is on the border if not, in fact, a libelous statement and one which seems to be an attempt to interfere with my legitimate business relationships with those bodies which by law regulate the operation of my business. I intend to again count to ten before I decide whether or not to seek the advice of my lawyer with regard to this communication. In your last sentence, you state, "If we can assist you in any way, please give us a call." Ms. Cavitt, I would like to state for the record, to my knowledge, The Stepping Up Project has never called for a meeting of restaurant and bar owners to have a full and frank discussion of how we all can better deal with concerns we all have with respect to "binge drinkers". In fact, your offensive letter of April 8, 1999, is the first correspondence that I am aware has been directed to any local business owners. Incidentally, you asked me to give you a call if I need assistance in any way, but your letter failed to set forth a telephone number nor a return address. Perhaps your organization would have better direction with regard to dealing with the problems you indicate you want to confront by obtaining professional advice with regard to the problems you state your attempting to deal with. I myself have had extensive alcohol training through the Betty Ford Program as well as the Hazelton Program in Minnesota. I was married to a recovering alcoholic. I do not drink alcoholic beverages. I am raising two high school students who do not drink but I make my livelihood in the restaurant and bar business. As you can see, I have a varied background in dealing with the issues you are involved with and I would be happy to serve on a panel or other discussion group about these issues. I certainly understand the effects of binge drinking and share all the concerns you have expressed. However, to become effective, I believe your group needs to quit passing judgment regarding the conduct of local business people and perhaps seek professional input with regard to working out solutions. Your letter certainly did not help your cause. -3° I am providing a copy of this response to the City Councils for the Cities of Iowa City and Coralville, to the State Alcoholic Beverage Commission, and to the Iowa City Police Department, in order to state my defense to your allegations and set the record straight that I have always operated my business as best as humanly possible within the parameters of State law and will continue to do so for so long as I am the owner and operator of Bo-James. Sincerely, Leah Cohen cc: Iowa City City Council Coralville City Council R. J. Winkelhake, Iowa City Police Chief State Alcoholic Beverage Commission :ation/ "City Press-Cit .... en o~d, Saturday, April 10, 1999 Page 6A Police to set policy for traffic stops WASHINGTON -- Police chiefs from some of the nation's largest depamnents said Friday they will create a national traffic stop poh:cy that they said will ensure that minorities are not unfairly targeted. The police' chiefs made the announcement at a news con- ference with minority activists to launch what they described as an honest discussion on police and race. It came after a day of closed door meetings between police executives and community leaders coordinated by the POlice Executive Research Forum. "ff we are to deal with it, we must stipulate that race is an issue in policing," Philadelphia Police Commissioner John Ttmoney said. 'q'here are an awful lot of people in denial, but so be iL We must move forward:' 7/7 ,,.,c.e,~9 c Public Subsidies to Finns Fail' 'Bang for Buck' Test, Study Finds Cities often use public sub~ sicties such as tax breska, loans, and subsidized traininff to lure corporations into a community or spur them to create jobs. A study, released lastmop. th by Good Jobs First, a project of the Institute on ~l~_~otion and Economic Policy . in Washindia}n, D.C., c~lln: ~n local officials to d0 more to ensure that incentive peckages promote economic and work- force development for poverty reduction. opment in Minnesota:' High Subsidie~ Low Wage.~ Absent Standards, lcoked at more than 550 development incen- tives worth $176 million that the state and local govern- ments awarded to firms in Minnesot~ The "deals" includ- ed lo~n~ grants, and tax incre- ment flnondnff (T[F). Authors Greg LeRoy and Tyson Sloeurn The authors present data to show that many deals involved excessive levels of public assis- tanes to corporations~ Federal economic development pro- grams set a "cap" of $35,000 per job created. The study found that in nearly 20 percent of the cases (one out of five) that they reviewed, the state or. local government-appreved incentives that cost more than $35,000. per job. Officials a~pxpy er cost oe~ ~ or i+hore per "~rl~[~ data suggest that elect- l~tt~ ~.s tl~t.enff~rations orenx~e ~ ~ ' ,;p 'He ~&~. ~ m~ ~75~r- ~n~' 5f~ ~ m~ew~ by ~e au~ors, ~e pmj~d ~s ~t wo~d .q,,~li~ a fomily of~ for M~d. ~y ~ ~e s~ won m~ ~d 1~. ~ve~ sho~d ~mider job ~y ~s, when ~ey awed p~Hc sub~&es ~ ~ ~no~c develo~ ment ~~ ~at ~out ~nefi~ su~ as h~ ~~ my a~mlly ~ ~dden ~r For exomple, ~ Minne~m, ~emplo~ent de~ ~n 19~ ~d 1~7. Ye~ ~e-nm~r of ~ple tinlining f~ s~ps or Me&~d crea~on of ~ ~ (T~) ~ we~ ~p~o~ly ~ ~ ~e ~ ~sidy d~: ~s ~~ o~t or'~~"'~pp~ s~c ~, ~ey new development ~d ~en ~p~ ~e ~s~ ~ ~ pm~ ~es ~m ~ da~ ~ ~ p~ v~ues ~d ~el ~e money ba~ ~ ~e p~j~ ~ ~ad of o~er d~-~de ~e ~ f~s ~y on ~e negative ~pa~ of sele~d public subsi~e~ including the motivation behind decisions to award su!> siclies to certain firm& In some cases, the dries-use. the sub-- sidy in an attempt to outbid another city, county, or state in competing for the relocation of Some titles may use TIFs and other in~nti,es as part diverse eommunity and eco- nomic development strat~ie~ These include redeveloping abandoned land, cle~ up polluted sites, historic preser- vation, and revj~_~li~r~ down-. towr~ The Ireport does not try to quantify or discuss the potential benefits of Using incentives as tools .in commu- nity economic devoiopment The authors offer recom- mendations to enhance the benefits of public subsidies for local communities. These ~j%b cl'eAlted, similar to fed- eral Hmlts; and prohibiting the governments to ,include "daw- bacl~ or prorated recaptu~ provisions to penalize comps~ hies fairly and preportionate~/ if they relocate or fall short in reaching the projected job crY-. ation goals. · Det~_Jla: The report, Eco- nontic Development in Min- nesota: High Subsidies, LOw Wages, Absent Standards, by Greg LeRoy and Tyson Slocum, is avafiable from the Institute on Taxation and Ecc~ nomic Policy, 1311 L Street N.W., Washington, DC 20005, (202) 626~3780. B4/21/99 Bg|B3:19 319-354-4213 -> +3193565BB9 [O~A C[TV CL~K Johnson Co,tory ~IOWA ~ Jonathan Jordahl, Chair Charles D. Duffy Michael E. Lehman Sally Stutsman Carol Thompson BOARD OF SUPERVISORS Agenda Boardroom - 2''d Floor Johnson County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 April 22, 1999 FORMAL MEETING 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of April 15m 4. Action re: payroll authorizations 5. Business from the County Auditor a) Action re: permits b) Action re: reports c) Motion to mend the minutes of the formal meeting of April 8, 1999, to indicate the passage of the Fringe Area Agreement between Coralville and Johnson County, Iowa was by resolution. d) Discussion/action re: Resolution 04-22-99-T1 transferring from the General Basic Fund to the Conservation Trust Fund. c) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356.6086 Agenda 4-22-99 Page 2 6. Business from the Assistant Planning and Zoning Administrator a) Discussion/action re: the following Platting application: Application S9905 of Burdette Millard, signed by Glen Meisner of MMS Consultants, Inc., requesting preliminary and final plat approval of Millard Fourth Subdivision, a subdivision described as being located in the North ~ of the NW ¼ of Section 16; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 9.31 acre, residential subdivision, located on the south side of 140th Street NW, approximately 1/8 of a mile east of its intersection with Highway #965 NW in Jefferson b) Other 7. Business from the County Attorney a) Other 8. Business from the Board of Supervisors a) Motion accepting the low quote and awarding the work to remove and dispose of deer killed on Johnson County Secondary Roads, submitted by Rex Bryant. Quote was $9~300 ($465 per month) for the 20 month period from May 1~ 1999 through December 3 17 2000. b) Action re: approval of the Iowa Department of Public Health Application for FY 2000 Community Services Bureau Grant which includes Home Care Aide/Chore, Public Health Nursing, and Senior Health. c) Action re: FY 99-00 Pay Plan and Pay Ranges for non-bargaining employees of Johnson County. d) Action re: letter of support for Johnson County Crime Prevention Project. e) Discussion/action re: appointing Mike Lehman as a representative to the S.E.A.T.S. Operations Committee (Jonathan Jordahl as alternate). f) Action re: Wclhnark Bluc Cross/Blue Shield of Iowa premiums for FY 2000. B4/Z~/99 Bg:B4;ZZ 3~9-354-42~3 -> +3~93~GSB89 [DI, itt CI~Y C~EH hoe 883 Agenda 4-22-99 Page (Continuation of Board of Supervisors agenda items) g) Action re: letter to the City of Coralville regarding Oakdale Boulevard connection to Dubuque Street. h) Discussion/action re: letter of support for Neighborhood Centers of Johnson County for state grant. i) Motion authorizing Chairperson to send Karen Wellher a letter of appreciation and certificate for serving on the Johnson County Historic Preservation Commission. j) Discussion/action re: fireworks permits. k) Other 9. Adjourn to informal meeting a) Reports and inquiries from the County Attorney b) Inquiries and reports from the public e) Reports and inquiries from the members of the Board of Supervisors d) Other 10. Adjournment Spouses and relatives of City Council Members and members of comparable County Boards and Commissions are not eligible for appointment to City Boards and Commissions, This includes: spouse, child, mother, father, mother- in- law, father- in- law, brother, sister, brother- in- law, sister- in- law, step-father, step-mother, step-child, aunt, or uncle. (Resolution 85-354) Males: 1 Females: 7 May 4, 1999 HUMAN RIGHTS COMMISSION One Vacancy - Unexpired Term May 4, 1999 January 1, 2001 vidinya Hicks [] 2010 S. Broadway Street Apt. B AS OF NOON APRIL 22, 1999 [] Denotes applicant completed the Confidential page of the application. OWA CITY ISORY BOARD/COMMISSION pDLICATION FORM -- F 99 I~?R ~ 9 PH i2: 3t~ Individuals serving on Boards/Commissions play an important role in advising the Coun~j~ on ma~(~ f interest to our community and its future. Applicants must reside in Iowa City. After a vacancy has been announced, the Council reviews all applications during the work session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "CONFIDENTIAL" THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME~'oL,~:~ ~,'% J~rr~_n F~,~,~ ~n~,,,L~/cnTEBM/Y~ ~ ~ ~1 NAME ~,'c~ ~,'~3 HOME ADDRESS~o/e~, Is your home address {listed above) within the corporate limits of Iowa City? ~, Yes __ No How long have you been a resident of Iowa City? / OCCUPATION ~S/u~//~;u~-~,'l~ o~ Te,-~ EMPLOYER PHC ~ NUMBER: HOME~'~/~ Y~ ~,-~ ~3 BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? - WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Z ~ )n+~' d~ i~ ~,~,, · ';~:!~S~'=~IFIC ATTENTION SHOULD BE DIRECTED TO A POSSIBLE CONFLICT OF INTEREST. PLEASE LIST ANY PRESENT AFFILIATIONS YOU HAVE WITH AGENCIES WHICH MAY APPLY FOR FUNDING FROM THE CITY. AFFILIATION MEANS BEING A BOARD MEMBER OR EMPLOYEE OF THE AGENCY. OTHER TYPES OF AFFILIATION MUST BE EXAMINED ON A CASE-BY-CASE BASIS BY THE CITY ATTORNEY'S OFFICE. YOU SHOULD KNOW THAT SECTION 362.5 OF THE CODE OF IOWA GENERALLY PROHIBITS, WITH CERTAIN IMPORTANT EXCPETIONS, A MEMBER OF A CITY BOARD OR COMMISSION FROM HAVING AN INTEREST IN A CiTY CONTRACT. A COPY OF SECTION 362.5 IS ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY ATTORNEY' S OFFICE AT 356-5030. IF YOU ARE UNCERTAIN WHETHER OR NOT A POTENTIAL CONFLICT OF INTEREST EXISTS, PLEASE LIST THE AGENCY AND THEN CONTACT THE CITY ATTORNEY'S OFFICE. >: '- IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? ~ YES NO DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES rx/ NO {It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer all questions on the application you may not be considered for appointment. cclerk%lxlcomapp.doc January 1998 ATTACHMENT TO APPLICATION FOR HUMAN RIGHTS COMMISSION It is the mission of the Iowa C. ity Human Rights. Commission to protect citizens of the city from discrimination as defined in the Human Rights Ordinance. In order to further this goal, the city strives to ensure the Human Rights Commission is representative of the community and the groups which it serves. Therefore, "[a]ppointments shall take into consideration men and women of various racial, religious, cultural, social, and economic groups in the city. (Ord. 94-3647, 11-8-94) Please indicate if you are a member of any of the following categories (your response is voluntary): __ 62 years or older Handicapped or Disabled Racial or Ethnic Minority Male Female Lower Income IOWA CITY HUMAN RIGHTS COMMISSION ATTENDANCE 1999 X = present O = absent O/C - Called in absence * = no meeting - = not a member Commissioner Jehle, Joan Larew, Mary Major, Charles Martin, Diane Nelson-Kuhn, Jane Simmons-Welburn, Janice Thomopolus, Mettie Vincent, Art Warren, Jan Date Seated Jan Feb 01-95 X 0/E out of town 01-99 X X 12-01-97 X X 07-95 X X 01-99 X X 01-99 X O/E Sick 01-98 X X 01-01-98 X X 01-97 X O/E Dad died March Apr May June July Aug Sept Oct Nov Dec 0/E 0/E Spouses and relatives of City Council Members and members of comparable County Boards and Commissions are not eligible for appointment to City Boards and Commissions. This includes: spofise, child, mother, father, mother- in- law, father- in- law, brother, sister, brother- in- law, sister- in- law, step-father, step-mother, step-child, aunt, or uncle. (Resolution 85-354) Males: 6 Females: 2 May 4, 1999 PARKS AND RECREATION COMMISSION One Vacancy - Unexpired Term May 4, 1999 - January 1, 2003 Toni Cilek [] 1510 Bristol Drive AS OF NOON APRIL 22, 1999 [] Denotes applicant completed the Confidential page of the application. C~Y OF IOWA CITY 'ADVISORY BOARD/COMMISSION /'.~PLICATION FORM :' :-::"; ':' ' Individuals serving on Boards/Commissions play an important role in advising the Councif-:on rfi~tters of interest to our community and its future. Applicants must reside in Iowa City. :2':2 .... After a vacancy has been announced, the Council reviews all applications during ~i~e wor~ session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED. FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "CONFIDENTIAL" THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME NAME 'T'~C C-[I~- HoME ADDRESS 19 o Is your home address {listed above) within the corporate limits of Iowa City? How long have you been a resident of Iowa City?~O ~/Vr5, o~cuPAT,oN SF~r_h ~Ho{ %, ~+ EMPLOYER PHONE NUMBER: HOME 3~'~"00~;~(o BUSINESS V/Yes No EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: ~AT ~S~U~'KNOWLSDGE OF TH~S ADV,SOSV BOASO? WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD {OR STATE REASON m7 ,u3 ,,,[-k-t ~- SPECIFIC ATTENTION SHOULD BE DIRECTED TO A POSSIBLE CONFLICT OF INTEREST. PLEASE LIST ANY PRESENT AFFILIATIONS YOU HAVE WITH AGENCIES WHICH MAY APPLY FOR FUNDING FROM THE CITY. AFFILIATION MEANS BEING A BOARD MEMBER OR EMPLOYEE OF THE AGENCY. OTHER TYPES OF AFFILIATION MUST BE EXAMINED ON A CASE-BY-CASE BASIS BY THE CITY ATTORNEY'S OFFICE. YOU SHOULD KNOW THAT SECTION 362.5 OF THE CODE OF IOWA GENERALLY PROHIBITS, WITH CERTAIN IMPORTANT EXCPETIONS, A MEMBER OF A CITY BOARD OR COMMISSION FROM HAVING AN INTEREST IN A CITY CONTRACT. A COPY OF SECTION 362.5 IS ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE CITY ATTORNEY' S OFFICE AT 356-5030. IF YOU ARE UNCERTAIN WHETHER OR NOT A POTENTIAL CONFLICT OF INTEREST EXISTS, PLEASE LIST THE AGENCY AND THEN CONTACT THE CITY ATTORNEY'S OFFICE. .( '.} IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? YES ~ DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? __YES "t-/"NO (It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer all questions on the application you may not be considered for appointment. cclerk%bdcornapp.doc January 1998 (2) NAME Judith Klink Rex Pruess Ross Wilbum AI Stroh Kathy Wallace Matt Paeha Bruce Maurer Barbara Endel Craig · Gustaveson Key: DATE SEATED 1/1/95 1/1/95 1/1/96 1/1/96 1/1/97 1/1/97 1/1/98 1/1/98 1/1/99 Present Absent = No Meeting JAN. X X X X X X X 0 X · · · · · · · · · PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 1999 MAR. X X X X X X X 0 X APR. 'MAY JUNE JULY AUG. SEPT. OCT. 2T. NOV. DEC. C NAME Judith Klink Rex Pmess Ross Wilburn AI Stroh Kathy Wallace Matt Pacha Bruce Maurer Barbara Endel Key: PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 1998 DATE SEATED JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. 1/1/95 X 0 X X X X X X X 1/1/95 X X X X X X X X X 1/1/96 X X 0 X 0 X X X X 1/1/96 X X X X X X X X X 1/1/97 X X 0 0 X 0 X X X 1/1/97 X X X X X X X X X 1/1/98 X 0 X X X 0 0 X X 1/1/98 X X X 0 0 X X X X X = Present 0 = Absent · = No Meeting CT. NOV. DEC. X X X X X X X x x o x x x x x x x x x x x x x x POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 FOR IMMEDIATE RELEASE April 23, 1999 CONTACT: City Clerk 356-5041 Iowa City Police Citizen Review Board Plans Community Forum The Iowa City Police Citizen Review Board (PCRB) plans a Community Forum to receive community input regarding the Iowa City Police Department's policies, procedures and practices. The Forum will be held on Wednesday, April 28, 1999, from 7:00 to 9:00 P.M. at the Broadway Neighborhood Center, 2105 Broadway Street, Iowa City. Leah Cohen, Chair of the five-member PCRB, said "This will be our third forum to help us learn if the Iowa City Police Department's performance is in keeping with community standards, and we believe we can best do this by listening to what our citizens have to say." In addition to reviewing investigations of complaints about the police, the Board is also directed to review police practices, procedures and written policies. R. J. Winkelhake, Chief of Police, will make a presentation on the Special Crimes Action Team and other issues of interest to citizens in the Broadway area. Issues raised at the Forum may become agenda items for further public input and discussion at regularly scheduled monthly PCRB meetings (second Tuesday of each month, 7:00 p.m., Lobby Conference Room, Civic Center). It will then be the responsibility of the Board to make appropriate recommendations to the City Council. CITY COUNCIL INFORMATION PACKET April 30, 1999 IP1 IP2 IP3 MAY 3 WORK SESSION ITEMS Memorandum from Planning and Community Development Assistant Director & Parking and Transit Director: Evaluation of On-Street Angle Parking on Clinton Street between Burlington Street and Church Street Memorandum from JCCOG Traffic Engineering Planner: Goosetown Neighborhood Traffic Calming Memorandum from Iowa City Human Rights Commission: Absence Policy IP4 MAY 5 WORK SESSION ITEMS Memorandum from City Manager: Correspondence - May 5 Work Session a. Memorandum from Senior Center Commission Chair and Senior Center Coordinator to City Manager: Senior Center Fundraising Project b. Memorandum from Senior Center Coordinator to City Manager: Skywalk Design Plans c. Letter from Dwight Dobberstein (Neumann Monson) to Planning and Community Development Director: Englert Theatre Study d. Memorandum from Senior Center Commission: Space Review Report and Recommendation IP5 IP6 IP7 IP8 IP9 IPlO MISCELLANEOUS ITEMS Email from Charles Miller and Eileen Finnegan to Council Member Norton: Kiwanis Park Memorandum from City Manager: Pending Development Issues Memorandum from City Engineer to City Manager: Asphalt Resurfacing Program - Bowery Street Memorandum from City Engineer to City Manager: Ralston Creek Coal Tar Site Memorandum from City Clerk: GO Bond Election Memorandum from Assistant City Attorney Matthews: Liquor Licenses and Permits: Civil Penalties, Suspensions, and Revocations for Serving Alcohol to Persons Under Legal Age (PAULA) April 30, 1999 Information Packet (continued) 2 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 IP20 IP21 IP22 IP23 Letter from Associate Planner Rockwell to Northeast District Planning Participants: Status Memorandum from Jerry Nixon to City Manager: Video Programs Iowa City Housing and Inspection Services Customer Service Survey - April 1999 Letter from Lew Converse and David Moore (Fieldhouse) to Stepping Up Project: Underage Drinking Letter Letter from Michael Murphy (Iowa DNR) to Sol Simon (Mississippi Revival): Intent to Commence Citizen Action Agenda: May 5 - Iowa City/Coralville Deer Management Committee Newsletter: Summit Street Bridge Reconstruction Newsletter: River Street/VVoolf Avenue Reconstruction Agenda: May 4 Council on Disability Rights and Education Invitation: 17th Annual Historic Preservation Recognition Awards Release: 1999 Asphalt Resuffacing Project Minutes: March 25 East Central Iowa Council of Governments Board Meeting & Employment and Training Consortium Agendas: April 27 and 29 JC Board of Supervisors 13J)8 I .....":ipig#.C_X_jI II ....... IlimjMk P"'~l'illi" n..t~+ rn~,,.~a Agenda for the 5/4/99 Informaq meeting of the Board of Supervisors. Article "Water plants hustle to fill new-year cups." Letter from Associate Superintendent of Iowa meeting on lighting on tennis courts. Letter from Bruce Nestor regarding PCRB forum. 1999 Construction and Development Activities - April 1999 (Nap) City Managers qetter to Bruce Nestor regarding PCRB forum . Agenda for the 5/6/99 informaq meeting of the Board of Supervisors. Information presented at 5/5/99 work session regarding Capital projects Notices of ( L i brary ). City Community School District regarding City of Iowa City MEMORANDUM Date: April 30, 1999 To: From: Re: City Council Jeff Davidson, Asst. Director, Dept. of Planning and Community Development ""'-~z~f Joe Fowler, Director, Dept. of Parking and Transit------- Evaluation of on-street angle parking on Clinton Street between Burlington Street and Church Street The new owners of Old Capitol Center have asked the City to evaluate the reconfiguration of Clinton Street to on-street angle parking. In conjunction with this evaluation members of the City Council have asked for the evaluation to include all of Clinton Street between Burlington Street and Church Street. You will recall it was recently decided to install parking meters on Clinton Street between Market Street and Church Street, in order to create more short term, higher turnover parking in the University area. Installation of these meters is scheduled to begin in May with the existing parallel parking configuration. To facilitate your discussion of this issue, we have broken the evaluation into two sub-areas: north and south of Market Street. Between Burlington Street and Market Street, Clinton Street functions as a downtown thoroughfare, with relatively high volume and high speed (for a downtown street) traffic flow. North of Market Street Clinton is more of a local service street, with traffic oriented to the University and student residences in the area. A concept that we ask you to remain aware of during your discussion is that the Clinton Street right-of-way is a confined area which cannot be expanded. It currently consists of street, sidewalk, and landscaped area. Expansion of one of these functional areas will automatically decrease the size of another. This is an appropriate policy question for your consideration. Downtown Area, Burlington Street to Market Street This area of Clinton Street has been evaluated twice for angle parking since 1997, and each time we have expressed to you our concerns about installing angle parking on a street with such high traffic volume and relatively high speeds. Our three downtown blocks recently converted to angle parking are perfect examples of what happens to streets converted to angle parking: vehicles speeds are slower, congestion increases, and there are complaints from motorists and bicycles about the tightness of travelling down the street. However, the positive aspect is that we created 15 new, convenient parking spaces at very little expense. These trade-offs will always be present when a street is converted from parallel to angle parking. The street basically becomes less of a street and more of a parking lot. A traffic count in April 1997 showed 9,369 vehicles per day on Clinton Street. A September 1997 count recorded 8,100 vehicles per day. The 85th percentlie speed is 25 to 26 mph. As we have stated previously, the potential for increased accident frequency and severity when angle parking is installed with traffic conditions such as these is a concern. Reducing accident rates is what led cities in the 50s and 60s to replace on-street angle parking with parallel parking. If you decide to implement angle parking on Clinton Street in the downtown area, we strongly recommend it be configured so that backing vehicles only encroach into the outside travel lanes, and not into all four travel lanes. With the existing traffic volumes on Clinton Street it is imperative that four travel lanes be maintained if angle parking is installed. We do not recommend installing angle parking on Clinton Street by restriping two of the travel lanes. Clinton Street Page 2 To reconfigure Clinton Street to angle parking in a design consistent with other downtown streets, and maintain four travel lanes with the two inside lanes not encroached upon by backing vehicles will entail taking an additional eighteen feet of width from the sidewalk on each side. With the pending downtown streetscape reconstruction of Clinton Street, this is an ideal opportunity to implement such a reconfiguration. The existing sidewalks (total area between curb and building) are 28 feet wide, so this would reduce the effective sidewalk width to ten feet. Parking meters would encroach an additional two feet into the sidewalk. This decrease in sidewalk width is part of the trade-off in creating additional angle parking spaces within a confined area. Sidewalk vault doors would also need to be relocated closer to the buildings. The current inventory of on-street parking spaces on Clinton Street between Burlington and Market is 72 spaces: 48 metered and 24 designated loading zone or commercial loading zone. It is estimated 162 angle parking spaces could be created in this five block area, which would also be designated a mix of metered spaces and loading zone spaces. It is assumed all bus stop areas, including the entire west side of the ten block south, would remain bus stops. The net gain of 90 parking spaces has a "value" of approximately $1.35 million if these spaces were to be constructed within a parking structure. The reconstruction of the five blocks of Clinton Street between Burlington and Market for angle parking would displace 45 trees and most of the streetscape furniture on the sidewalk. Some of the trees and streetscape furniture could be replaced or relocated in conjunction with the streetscape reconstruction project, but in fewer numbers because of the reduced sidewalk width. University Area, Market Street to Church Street Clinton Street north of Jefferson Street narrows from four lanes to two lanes. As stated earlier, the concerns about mixing angle parking and traffic flow in the area north of Market Street are lessened because Clinton Street is functionally more of a local service street in this area. We have not collected traffic data north of Market Street, but casual observation indicates that much of Clinton Street traffic north of Market Street is oriented to the University and student residences in the area. The installation of angle parking on Clinton Street north of Market Street should not reduce the width of the Clinton Street travel lanes. There are many large vehicles using Clinton Street in this area, especially transit vehicles and trucks serving the UI residence halls. To install angle parking and maintain the width of the Clinton Street travel lanes will entail taking three to four feet out of the grass area between the sidewalk and the curb. In most areas this could be accomplished without reducing the width of the sidewalk. Currently the University is allowed to have angle parking in front of the residence halls during move-in and move-out periods. This reduces the width of travel lanes and results in very congested conditions. Of the eight Clinton Street block faces north of Market Street (four on the east side; four on the west side), there are four block faces which present difficulties in installing angle parking. The 300 block in front of Burge Hall has heating coils imbedded under the sidewalk which do not allow any reconstruction inside of the curb. This block face is not proposed for metering under the current plan set for implementation in May. The 400 block in front of Currier Hall has the sidewalk pushed all the way against the curb because of landscaping between the sidewalk and the building. We cannot recommend reducing the width of the sidewalk in this area due to accessibility issues. On both sides of the 500 block between Fairchild Street and Church Street we believe a retaining wall would be necessary if the street is widened in order to create angle parking areas. For the purposes of this analysis we have assumed you would not be in favor of incurring this expense. Clinton Street Page 3 If the remaining four block faces were converted to angle parking, it would result in a total of approximately 94 on-street parking places in the four block area on Clinton Street north of Market Street. This is a net increase of 14 spaces over the existing plan for 80 metered parallel parking spaces. This assumes all bus stops remaining intact. We have discussed the angle parking proposal with the Director of Parking and Transportation for the University, and he does not believe it is a good idea. His concerns relate primarily to the ability to circulate vehicles and pedestrians in the area safely. Our analysis of converting Clinton Street to angle parking has assumed conversion of both sides of the street. Conversion of one side of the street could be accomplished with less disruption to sidewalks and landscaped areas, with fewer parking spaces created. The installation of angle parking on one side of the street combined with removing parking from the other side of the street results in even less streetscape disruption but very little net parking gain. Modifying the angle used in striping the spaces would also lessen the disruption to sidewalk and landscaped areas, but reduce the number of spaces created. Let's discuss this matter at your May 3 work session. cc: Steve Arkins Karin Franklin Chuck Schmadeke Rick Fosse Manouchehr Amin Doug Ripley David Schoon jccogtp\mem\clinton.doc z I----- o D n,__ 42 __v ,., -- 'FF'I'FT'-F-F --~ _ 'J,S NON~00 ~ -- - i 'FT'F ZE ~l'Z ~ iit_ ~- -- z _ ',I,S SVOR1 n, -- o _ Is ' ]8aoa I ~ T'IT__=IT 'F"IF 'IF ' C E 'IT =- 'l=: ,s 2F '~ __'~IF 'l'~°Z~Z~°~Ez '0 ~ -= 'I'F'IT TTr 1-rT I 'IT__ '1 ' ' Z '- "F 'F"n' TF'fi' "1~'s' "IT]Z '~B (]) ~s ~nonena 3nonena '~non~nT (1) ~ lO/IctVO E 8 NOSlaVIN < ' . F ~ I' z ~ 0 . ,_1 City of Iowa City MEMORANDUM Date: April 29, 1999 04o30-99 IP2 To: City Council From: Doug Ripley, JCCOG Traffic Engineering Planner Re: Goosetown Neighborhood Traffic Calming The City was approached by residents in the Goosetown Neighborhood with concerns about traffic volumes and speeds. For the past 18 months we have been working with a group representing the neighborhood to implement a traffic calming program strategy. Last fall a solution to the neighborhood' s traffic concerns was developed and evaluated by staff, and subsequently determined to be inappropriate due to the impacts on public services and emergency vehicle response. Less aggressive proposals were determined to likely be ineffective. Staff presented the opinion that many of the traffic concerns of the neighborhood would be relieved by the extension of First Avenue to Captain Irish Parkway and the subsequent reduction in cut-through traffic. At that time you directed us to continue working with the neighborhood to determine if something could be done to address their traffic concerns. A number of less aggressive traffic calming strategies were presented to the group representing the neighborhood who selected a combination of traffic calming devices including traffic circles, chokers, a turn barrier, and parking modifications. The attached survey and diagram was sent to neighborhood residents to determine the desirability of proceeding. 259 residences were surveyed in the area bounded by Market Street and Rochester Avenue on the south, Governor Street on the west, Oakland Cemetery on the north, and Hickory Hill Park on the east. Of these 259 surveys, 136 were returned (53%). Of the 136 returned, 75 (55%) are in favor of the proposal, 57 (42%) are opposed, and 4 (3%) are undecided. The attached sheets quantify the survey results and summarize the comments received. As you directed, the process has been completed and returned to you for discussion. Staff continues to feel the best solution to the neighborhoods concerns is the connection of First Avenue to North Dodge Street. However, it is felt that the proposal which has been developed may provide some relief until the First Avenue connection can be completed. An approximate cost for this project, being initially constructed in temporary fashion by City crews, is $47,000 and could be completed this summer. There is currently 629,000 available in the traffic calming budget which includes some carryover from last year. These funds will be exhausted by the College Street and Highland Avenue traffic calming projects which will be completed soon. There is currently 625,000 budgeted for FY2000 traffic calming that will be available July 1, 1999. I will be at the May 3, 1999 work session to answer any questions you may have. Attachments cc: Steve Atkins Karin Franklin Chuck Schmadeke Jeff Davidson Rick Fosse Marcia Klingaman tp3-1 dr.doc April 1, 1999 Goosetown Neighborhood and Adjoining Residents: CITY OF I0 WA CITY Re: Potential Traffic Calming in the Goosetown Neighborhood - Neighborhood Survey Last year residents in your neighborhood met with the City with concerns about the speed and volume of traffic on streets within the Goosetown neighborhood, particularly on Bloomington Street between Governor Street and Pleasant Street. Traffic counts showing 1,700 vehicles per day were completed on Bloomington Street, confirming higher than typical traffic volume. The speed concerns were not validated by the traffic studies. Traffic counts on Church, Reno, and Davenport were also completed showing 800, 850, and 450 vehicles per day respectively, which is within the 500-1,000 range typically seen on residential streets. Working with a committee representing the neighborhood, a couple of ideas were developed to reduce the volume of cut- through traffic. The committee determined that a combination of parking changes, traffic chokers, and traffic circles would be an appropriate and reasonably effective strategy for the Goosetown neighborhood, particularly between Governor Street and Hickory Hill Park. The City has determined that it is possible to install the chokers and traffic circles as well as a turn barrier at Union Place and Rochester as shown on the enclosed diagram if a majority of the neighborhood wishes and the City Council approves. The chokers are designed to narrow both sides of the road to make a travel path just wide enough for two vehicles to pass through, approximately 18 feet. The traffic circles require drivers to navigate around them to get through the intersections. Also, a component of the proposal includes changing the existing calendar parking system to allow parking on both sides on Bloomington, Davenport, Fairchild, and Church Streets as shown on the diagram. The intent of these proposed modifications is to discourage cut-through traffic but not eliminate it; slowing of traffic may also be noticed. Although these benefits are anticipated, some negative impacts may also occur. Specifically, snow removal and street cleaning around the circles and chokers may be hindered, and other municipal services will be made more difficult. The Fire Department is opposed to the proposal since it will potentially slow their response to an emergency. The Police Department also has concerns, but is not opposed to trying this in the Goosetown neighborhood. Signs would be posted to caution drivers about the traffic changes. The next step in the City's traffic calming evaluation process is to survey residents directly impacted by the proposed changes. A final decision will be made by the City Council, but without neighborhood support of the project, the proposal will not be forwarded to the City Council. If approved by the City Council, the traffic calming devices would be installed in a temporary fashion this summer. Follow- up traffic studies and a follow-up neighborhood survey would be completed in approximately one year to determine if the devices should be removed or installed permanently. At that time, more aesthetically pleasing designs will be considered. Please take a few minutes to review the attached proposal and complete the postage-paid survey postcard. Please return the completed postcard to me by April 16, 1999. If you have any questions, please do not hesitate to call me at 356-5254. Thank you. Sincerely, Doug ~ley JCCOG Traffic Engineering Planner Enclosure jccogtpUtrs~goosetn.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA S2240-1826 · (319) 356-5000 · FAX (319) 3:56-~009 0 T --/NVSV]'Id I --  ,LLOIAI · ms ® ON~ [ -- HJ_=qeVZIq9 - ~i'~' __v __ 0 "ld NOINrl .. Z 'iS ~ION~I=IAOE) zl O~ 'IS SVON'I -- '1S ~gaoa o o o 0 0 o o o o O00C~ -~'OC) OCO0000LO 0 O0 °°°°°°°°o ONO~~OO~O o o 0 o o')o'~r,.-i.{')i. Dco(D I.D CD ,,_ iZ: c: 0 (~ )' '~' 0 .r- ,,-- :Z r_C~CO,r_ r.C~lO,,I OI"-OC~,I E o o o o o o o 0~o o U L_ 0 :: 0 0 [:: E Goosetown Traffic Calming Neighborhood Survey Results Comments from Yes returns 11 Happy with proposal 10 Don't like, or have concerns about parts of the plan but worth a try ex. Parking, snow removal, etc. 5 Would like to see additional traffic control measures 4 Would like to see different traffic control measures 4 It is worth trying for one year 1 Would like to be a traffic engineer when they grow up 1 It is about time the City responded to this neighborhoods concerns 1 Don't want to see traffic diverted to other neighborhood streets 1 Ban cars altogether and make a pedestrian area I This needs to be completed until First Ave is completed 1 Feels the traffic department is full of liars Comments from No returns 13 12 12 9 8 5 3 3 1 1 1 Would prefer other types of traffic control. Ex. stop signs, increased enforcement Concerned about City services and emergency response Devices not needed Likes part of the plan but not overall Doesn't want to see changes in parking Proposal Causes more problems than solves Waste of Money Doesn't think will work Have lived in areas with traffic circles and don't like them Wait for First Avenue to be completed Unhappy that process was controlled by a small core in the neighborhood City of Iowa City MEMORANDUM To: The Iowa City City Council From: The Iowa City Human Rights Commission Date: April 28, 1999 The Iowa City Human Rights Commission (HRC) has reviewed the City Council's proposed mandatory attendance policy for all boards and commissions. The HRC is particularly interested in providing feedback to the Council on the policy because the Commission has recently dealt with this very issue. After several months of discussing, writing and revising the HRC's attendance policy, the Commission has developed a policy that they feel is fair and attainable. The HRC believes that the Council's policy is overly restrictive. If a commissioner may only miss 20 percent of regularly scheduled monthly meetings in a 12 month period, that means a person on the HRC may only miss 2.4 meetings before there may be just cause for dismissal. In addition, if a commissioner will receive a warning letter after missing only half of the allowed amount, a person would receive a letter after only 1.2 meetings. Because it is likely that a health-, family-, or work-related conflict will arise over the course of a year, a number of letters will need to be mailed. The HRC believes that this will create an abundance of extra paperwork for City staff and the Commission would rather not see time and tax dollars spent on such a task. Commissioners also question the wording of "just cause." What constitutes just cause? Who makes the decision that just cause has been found and is there an appeals process for someone who may possibly have valid, justifiable reasons for missing 2.4 meetings? HRC members also stated that the City boards and commissions need to be realistic and remember the human factor. The volunteers on the City boards and commissions are not employees. Most employers, including the University, do not have such a punitive policy. An employee has the opportunity to explain his or her absence. Commissioners would like to see a more lengthy description of the process for finding that a commissioner should be removed with the proposed policy. In addition, commission members are concerned that good candidates may shy away from serving because of this policy. They also note that the policy does not encourage or count other active participation besides regularly scheduled meetings. The HRC's revised policy, however, recognizes active participation. The HRC's revised policy was this Commission's best effort after several discussions and meetings. Members have advised that perhaps Council should look at the HRC's proposed policy rather than start the whole process over again. City of Iowa City MEMORANDUM 04o30-9~j IP4 TO: FROM: DATE: RE: City Council City Manager April 29, 1999 Correspondence - May 5 Work Session All of the following have some relevance to your May 5 Work concerning future capital projects. 1. Proposed fundraising for Senior Center - professional assistance 2. Increase in Parking Garage - Senior Center due to need for elevator 3. Senior Center space needs report 4. Evaluation of Englert Theater 5. Downtown historic property survey is scheduled to begin July 1. take one year to complete. Session 04-30-99 t IP4a Senior Center Memorandum To: From: Re: Date: Steve Atkins, City Manager Terri Miller, Senior Center Commission Chair; Lind.a Kopping, Senjor Center Coordinator c~.~~,~ ~ Senior Center Fundraising Project ~ '~ 15 April 1999 Over the past several weeks a subcommittee of the Senior Center Commission has been meeting to discuss funding possibilities for Senior Center programming space in the Iowa Avenue Parking Facility. On Wednesday of this week the committee members met with David F. Hoeksema, Renaissance Group, Inc., to discuss the possibility of implementing a countywide fundraising campaign. Hoeksema, who assisted Terry Trueblood and the Recreation Department in their recent fundraising project, suggested the Commission consider conducting what he referred to as a "pre~campaign" effort. This is a multi-step process that facilitates planning and development of the project and includes an assessment of the potential for success of the proposed fundraising campaign. If the potential for success exists, the actual fundraising component of the campaign could be initiated. If Hoeksema were to be hired to facilitate the pre-campaign planning and assessment for the Senior Center, the fee for his services would be $12,000 plus expenses. The fundraising component of the campaign would involve an additional fee. We understand that Recreation Department's professional fees and miscellaneous expense for the pre-campaign assessment and fundraising program totaled $16, 197 and $16,474 respectively. At this point the Senior Center Commission would like to hire Hoeksema and conduct a pre-campaign effort. Not only would this allow for an evaluation of the feasibility of a Senior Center fundraising project, it would also foster Iong- range planning and the promotion of the Senior Center within the City and County. The problem is, of course, that funding to support this project has not been included in the Senior Center's operational budget. The Senior Center staff and Commissioners are hoping you will give this proposed fundraising project some consideration and help us identify a funding source. Are there any possibilities? Senior Center Memorandum To: Steve Atkins, City Manager From: Linda Kopping, Senior Center .~,~ina:~,% , Re: Skywalk Design Plans ~,~'~ ~ Date: 15 April 1999 Earlier this week I had a meeting with Joe Fowler, Jeff Davidson, and the Neumann Monson architects who are designing the Iowa Avenue Parking Facility. The purpose of this meeting was to discuss the design of the proposed skywalk connecting the Senior Center and parking facility. Several important points were made related to the skywalk. 1. The skywalk must exit the ramp from the second level. 2. In order to properly connect with the Senior Center at either the mezzanine or second floor, the skywalk will need to be lowered or elevated about five feet at either end. Neumann Monson suggested providing stairs and a wheelchair lift to help individuals navigate this approximately five foot change. After some discussion, it was decided that the elevator lift would not safely accommodate individuals with walkers or canes who would be unable to use the stairs. For this reason, an elevator was incorporated into the proposed design plans. The lift costs $10,000 and an elevator around $100,000. 3. Connecting the skywalk at the mezzanine level is unacceptable. This would take weekend participants of the Senior Dining program through an open office space, library and desktop publishing area before they reached the elevator that would take them to the first floor meal site. Because there are no Senior Center staff people here on weekends, the mezzanine would be completely unsupervised. This presents an unsatisfactory security risk. 4. Connecting the skywalk at the second level would disrupt the cornice on the exterior of the building. This was seen as unacceptable due to the fact that the building is a designated historic landmark. Based upon this information, it is my understanding that a proposed design plan is going to be developed that will incorporate a mezzanine level connection to the building. The plan will also incorporate an elevator that will be available for use seven days a week. This elevator will provide access to the mezzanine, first and street levels on weekdays, and the first and street levels on weekends. This approach will ensure all people have easy access to the building and maintain building security on weekends when the building is only open to accommodate the Senior Dining Program. NEUMANN MONSON PC 111 E. College Street Iowa City, IA 52240 319/338-7878 FAX 319/338-7879 Friday, April 23, 1999 Karin Franklin Director, Planning and Community Development City of Iowa City, Iowa 52240 RE: Englert Theatre Study NM 98.67 Dear Karin: Here is a brief report of our evaluation of the Englert Theatre for use as an alternative to the auditorium space planned for the Community Events Center. Thank you for asking Neumann Monson, P.C. to help you with this project. If you need further information or a more in-depth study please let us know. Sincerely, Neumann Monson PC Dwight Dobberstein, AIA Englert Theatre Study The Englert Theatre Iowa City, Iowa The purpose of this report is to analyze the Englert Theatre as a possible alternative for the Community Auditorium and Performance Center proposed as part of the Center for Community Events. The Englert Theatre is a traditional 1920's proscenium theater. It has a seating capacity of roughly 1000 seats. One third of the seats are in the balcony. The theatre was designed for "road show movies" accompanied by small orchestras and it is typical of the era when the future was thought to be video-projection. As a result, the theatre has a relatively small stage and no stage support areas. This is the major drawback to expanding the use of the theatre for either dramatic or musical productions. Mechanical and electrical systems are addressed in the attached report by IEFM Consulting Engineers. LOBBY A vestibule, lobby, foyer, and two small shops occupy 2,500 SF of the first floor. Office space on the second and third floors add 2,900 SF and 1,800 SF respectively, for a total of about 7,200 SF. The three-story space at the front of the building appears to be large enough for the anticipated needs and a preliminary program of spaces are as follows: Space Minimum Recommended Area Square Feet Vestibule 150 Lobby / intermission space 3,500 Ticket office 100 Manager' s office 200 Public restrooms 900 Coatroom 250 Projection booth 150 Control room 150 Spotlight booth 200 Light and soundlock entrances 300 Exit stairs (2) 1000 Elevator 180 Total 7,080 Neumann Monson PC NM 98.67 Page 1 Englert Theatre Study Minimum toilet facilities for 500 people require 11 water closets for women and 3 for men plus 3 urinals. (Iowa Administrative Code 16.401 ) HOUSE The house is 53' wide by 75' deep, and has the ceiling height needed for good acoustical reverberation time. There are, however, a number of deficiencies to be addressed: · Poor sight lines from the side seats provide view of only half of the stage. · At 2'-7" row to row, the seat spacing is very uncomfortable. Other auditoriums in the area have 3'-0" row to row spacing. · The shape of the proscenium "cheek walls", ceiling, and rear wall are all concave which present acoustical problems. Concave surfaces can cause sound focusing problems. · There are no provisions for stage lighting such as catwalks or side decks. · Wheelchair seating area for 6 plus 6 companion seats. (ADA) · Stage accessibility for wheelchairs is required. This is usually provided by a ramp from the house to the stage. (ADA) · Handrails are required in the balcony aisles. (UBC) STAGE The stage and stage support areas are inadequate for anything but small-scale events. The actual performance space is big enough for small recitals, ensembles, community band or small orchestras of up to around 50 members. However, there is no backstage or wing space to support the performance space. There is no storage space for an orchestra shell, chairs, music stands, piano, etc. The stage is approximately 47' wide by 32' deep--about 1500 SF. It has no apron, trap space, or orchestra pit. There is space below the stage for a potential orchestra pit and trap space. There is a fly loft. The proscenium is only 30' wide compared to 40' at City High, 50' at West High, and 75' at Hancher. There is no · · · · · · · · · stage equipment in place. A list of needs includes: Steel grid to replace the wood grid Rigging Curtains Sprung stage floor Catwalks Lighting instruments Smoke vents Fire curtain Fire suppression system (sprinklers) Neumann Monson PC NM 98.67 Page 2 Englert Theatre Study Dramatic theater or dance productions would be difficult to stage, at best, due to the lack of support spaces such as: · Scenery space · Prop storage / costume space · Dressing rooms · Make-up room · Scenery workshop · Green room · Receiving room · Truck dock The stage floor structure is not designed to support the code required 125 psf and would have to be rebuilt. CONCLUSION The Englert Theatre was not designed to be a multi-purpose performing arts auditorium. The present space is not big enough to support the variety of productions planned for a community auditorium. Unless additional expansion space is found for the stage and stage support areas the theater is limited to video or small-scale presentations. Neumann Monson PC NM 98.67 Page 3 I E F M coNsuLTING ENGINEERS April 22, 1999 Neumann Monson P.C. 111 East College St. Plaza Iowa City, Iowa 52240 Attn.: Mr. Dwight Dobberstein 12B EAST 23RD AVENUE, P.O. BOX 130 COAL VALLEY, ILLINOIS 61240 PHONE (308} 7~9-5150 FAX (30g) 799-5190 IEFM~AOL.COM Subject: Englert Theater IEFM File: 99116 Dear Dwight, At your request, we visited the site on April 19, 1999 to observe the condition of the mechanical and electrical systems for the existing building and how they relate to the radiities intended use. Following is a description of our observations dudng that initial visit: ELECTRICAL 1. Electric Service and Distribution: a. The existing electrical service is 600 Amps at 120/208V - 3 Phase - 4 Wire, and is adequate to serve this size of theater. b. The main disconnect switch and distribution panel is located at the back of the stage. It is suggested that a new location be found for the service equipment. c Lighting PanelDoards should be removed from the stairwell and installed at a location that provides sufficient space to permit ready and safe operation and maintenance of equipment as required by the National Electrical Code. 2. Lighting and Controls: a, General area lighting fixtures are in poor condition and should be replaced, b. New Theatrical lighting would be required. c. Emergency egress lighting would be required to direct occupants to the means of egress, d, Exit lights with integral battery backup would be required to help direct occupants to the means of egress. e. A new dimming system would be required for theatrical lighting control. MECHANICAL HVAC System: a. A cast iron steam boiler located in the basement serves radiator heating units throughout the building. The steam boiler appeared to De in good condition. II~FM Page 1 of 2 (9116-1trl .doc) CONSULTING ENGINEERS b. Steam and condensate piping was steel pipe. Most of the steam piping was insulated, although deteriorating in most areas. Insulation joints and seams were of a hard material, which typically indicates asbestos containing materials. c. Air moving equipment is located on the roof. Access to the roof is up a tattered wood ladder that appeared to be unsafe, attached to the wall near the stage. Rooftop equipment is needy inaccessible from fie building. Equipment maintenance and servicing without other means of access would be quite difficult. d. It is presumed that roof mounted equipment includes gas-fired rooftop units controlled by programmable wall thermostats located in each space. Five zones of control (or thermostats) were identified. Thermostat locations and zoning seemed practical for the current use of this building. e. The overall condition of the HVAC system is fair based on observed gdlles, controls, equipment, piping, and insulation. Remodeling or restoring of this building would require a major renovation of the HVAC system with possible re-use of the steam boiler and possible rooftop heating/cooling units. 2. Plumbing & Fire Protection Systems: a. A 2" Water service enters the building in the basement. No backflow prevention device is present. Typically a 2" water line is adequate to serve two restroom groups with 3 or 4 fixtures each. b. One of the restmorn areas observed was used for storage. c. Plumbing fixture quantities are inadequate for the intended use. Additional plumbing fixtures and accessible facilities should be provided. d. Based on current usage and requirements for additional plumbing fixtures. a larger water service would be required. e. The building does not include a fire sprinkler system which would typically require a minimum 4" water service. Wood construction was observed in some areas. Please contact us if you have any questions or comments in regard to this matter. Sincerely, Daniel R. Mount, P.E. IEFM CONSULTING ENGINEERS Page 2 of 2 (9116-1tr1.doc) CITY COUNCIL 04-30-99 IP4d MEMORANDUM CC: From: Subject: Date: Members of the City Council, Johnson County Board of Supervisors; and Senior Center Council of Elders Steve Atkins, City Manager Senior Center Commission Space Review Report and Recommendation April 29, 1999 The Senior Center Space Review Committee, consisting of Bill Kelly, Mary Kathryn Wallace, and Jay Honohan, concluded its review of Senior Center space utilization and submitted the following report and recommendations for the consideration of the entire Commission. At the May 28, 1999, meeting of the Senior Center Commission, the following report was reviewed and unanimously approved. 1. Background Information In order to determine the space needs of the various programs and agencies in the Senior Center the Committee interviewed several agencies, including staff of the Senior Center, and solicited written comments. The Committee asked for information regarding each agency's current role in serving seniors, their present use of space in the Center, and for projections identifying future service and space demands when predicted demographic changes take place Agencies interviewed were Elderly Services Agency (ESA), Senior Dining, and the Visiting Nurses Association (VNA). Written remarks were submitted by Senior Peer Counseling and the American Association of Retired Persons (AARP). The Committee believes that in order to meet the needs of upcoming retirees, a significant refocusing of Senior Center programming will be required. In addition to maintaining current academic-type classes, more emphasis will need to be given to computers, fitness, and other active areas of programming. Without these changes, the Center will lose irs viability and become obsolete. The Senior Center is an important part of the community and has been nationally recognized for its diverse, high-quality programming and participation in community-wide events. The Committee believes that in order to maintain this level of service to the community and meet the needs of current and future generations of seniors, it is imperative that the space needs of the Center be met. 2. Space Deficiency In the opinion of the Committee, there is not adequate space in the Senior Center to accommodate all the existing agencies and Senior Center programming. While not everyone needs additional space, space issues for some of the agencies have reached a critical stage. For instance, ESA and Senior Dining will either need to relocate, scale back, or eliminate some of their existing services and plans for the future if additional operational space is not obtained. Similarly, Senior Center programming is at capacity in the current facility and needs additional space to accommodate anticipated future growth. 3. Recommendations Based upon the aforementioned review, the full Committee recommends the following: a) Ramp space The Committee reviewed present space available in the Senior Center and concluded that the present space usage is at capacity. In the opinion of the Committee, the Iowa Avenue parking ramp space is the only space available to meet the needs of the Center. > Recommendation: The Commission continue to urge the City Council to allocate space in the ramp as an addition to the Center. b) Space request The Committee learned a space of approximately 3,527 square feet may be available on the first floor of the new ramp along Linn Street. This space offers an ideal location for a large meeting room that the Committee believes is a critical need of the Center. Moreover, it appears that this space could be constructed with a high ceiling that would make it an ideal acoustical environment for meetings, performances, and use by the New Horizons Band. The acquisition of this particular space by the Senior Center offers several advantages. First and foremost, the availability of this large, multipurpose programming space would eliminate many conflicts resulting from the joint use of the Assembly Room by Senior Dining and the Senior Center. Second, this space would provide an ideal location for evening programming. In the future, if the Senior Center's professional staff is increased, evening programming will be a targeted area of expansion. Lastly, when not in use by the Senior Center, this room would be available for community use. In the past the Assembly Room has not been readily available for community use 2 because of concerns with building security. These security problems would be resolved and room availability significantly enhanced if this new area were acquired. ~ Recommendation: The Commission present to the City Council a request for 3,527 square feet on the first floor of the ramp along Linn Street. Further, in order to effectively serve present and future seniors the Committee believes additional space of approximately 3,700 square feet on the second floor of the ramp is needed by the Center. This space would be located along Linn Street south of the Clock Tower and elevators. This recommendation is based upon what the Committee believes are the needs of the various agencies and the Center programs as set out in paragraph 3 (c). > Recommendation: The Commission pursue setting aside second floor space of 3,700 square feet for the Center. c) Specific space recommendations In its review and recommendations, the Committee does not intend to indicate that any agency or staff program is more important or more critical to the needs of Johnson County seniors than any other. Each provides a unique and valuable service. For this reason, the following recommendations are presented in alphabetical order and are based upon our collaborative evaluation of the service and space needed to provide that service. Further these recommendations are made assuming that additional space of 3,527 square feet on the first floor and 3,700 square feet on the second floor of the ramp is available to the Center. Finally, the Committee believes it is beyond the scope of this Committee or the Commission to determine the exact location of the space we recommend for a particular agency. The Center staff, operating within the scope of existing policy and contractual agreements, will make these decisions when space becomes available. i) AARP The Committee received an oral report from an AARP representative at the March 1999 Commission meeting and a follow-up letter from the new AARP president. This letter noted an effort was being undertaken to increase local participation in AARP and did not request any additional space. The Committee reviewed AARP program offerings as well as current and past office use. They concluded that the AARP office is currently underutilized and no additional space required. > Recommendation: No additional space for AARP. ii) Elderly SeNices Agency. This agency serves a variety of seniors through such programs as case management, housing repair, chore service, personal assessment interviews, and the Retired Senior Volunteer Program. Several of these programs should be done in confidential settings and at present space is not available to do this. Their office space is wholly inadequate. > Recommendation: Elderly Services be given approximately 636 square feet of additional space. iii) Senior Dining. Senior Dining prepares noon meals for distribution at the Senior Center, the Home Delivered Meal program and numerous meal sites throughout the County. Senior Dining's office space is inadequate and storage space is at a premium. The kitchen and dishwashing areas seem adequate as does the Assembly Room where meals are served at the Center. In their report to this Committee, Senior Dining requested an additional 307 square feet of space to accommodate current and future needs for office and storage space. After careful review, the Committee feels Senior Dining's reasonable request will not adequately fill their needs in the future because of anticipated growth in the program. > Recommendation: Senior Dining be given approximately 500 square feet of additional space. iv) Senior Peer Counseling Senior Peer Counseling offers counseling to seniors dealing with situational and personal problems. The Committee believes the present shared office space allocated to this agency is adequate for the program. > Recommendation: Senior Peer Counseling's space allocation continue unchanged. v) Senior Health Insurance Information Program (SHIIP) SHIIP volunteers counsel seniors on various insurance matters. The Committee believes the present shared office space allocated to SHIIP counselors is adequate for the program. > Recommendation: SHIIP's space allocation continue unchanged. vi) Senior Center Programs. With the staff, the Committee reviewed the space used for programs developed and coordinated by the Center staff and inspected space 4 usage. Based upon this review, we believe the following additional space is needed to maintain and expand the following programs. a) Computer room. At the present time, The computer room space is inadequate. The desk space for the users of the computers is cramped. With the use of the Internet expanding and the use of computers generally, it is very important that a facility be available to accommodate this growing technology. > Recommendation: Approximately 318 square feet of additional space be made available for computer use. b) Senior Center Television (SCTV,) This volunteer program is operating in space that prevents realization of its full potential. SCTV serves homebound seniors and other members of the community by videotaping, editing, and broadcasting select Senior Center programs on cable television within Johnson County. SCTV also creates original and promotional programming for broadcast. Collectively these programs provide excellent examples of Senior Center programs and help dispel stereotypes associated with the Senior Center and aging. Because the technological experiences of future retirees will be significant, this area of programming is expected to grow in the future. :> Recommendation: Approximately 267 square feet of additional space be made available for SCTV. c) Craft room. Use of the craft rooms by seniors and others has expanded since the Center established space for both crafts and ceramics. With the population of active seniors increasing over the next few years, we anticipate the use of the crafts and ceramics room will expand. We believe the space for crafts and ceramics can be combined if 150 square feet additional space becomes available. ~ Recommendation: Approximately 150 square feet of additional space be made available for the craft room. d) Health suite. Exercise and fitness programs are very important for seniors and are predicted to be increasingly important to upcoming retirees. The phrase "use it or lose it" has great relevance for the senior population. With an increasing population of active seniors, low cost exercise and 5 fitness programs will become more essential as will a central place for seniors to utilize the programs. The Center is the ideal place for this activity. > Recommendation: Approximately 700 square feet of additional space be made available for exercise programming. e) New Horizons Band. As noted earlier, the Assembly room no longer provides adequate space for the New Horizons Band, a very large and active group of seniors who practice and play not only in the Assembly Room, but also in small groups and ensembles in several areas of the Center during the week. Following all this practice, the band and ensemble groups travel and perform throughout the county, state and region offering great music and a positive image of both aging and the Senior Center. The requested high ceiling meeting room space on the first level of the ramp would, in the opinion of the Committee, be ideal for use by the band. Moreover, it would provide a convenient meeting room for use by the Center and members of the community. As previously stated, the acquisition of this space would also free up the Assembly Room and make the various activities and programs which would continue to take place in the Assembly Room run more smoothly. ~ Recommendation: The Senior Center request 3,527 square feet of high ceiling programming space on the first level of the Iowa Avenue parking facility. f) Accessory uses If the 3,700 square feet on the second floor of the ramp is allocated to the Center for expansion, there will need to be bathrooms, halls and a maintenance utility closet to allow for the use of the space. We estimate 400 square feet for bathrooms and maintenance utility closet and about 800 square feet of halls would be needed to serve the space on the second floor of the ramp. ~ Recommendation: 1200 square feet of space be set aside in conjunction with any second floor programming space the Senior Center acquires in the parking facility. This space will accommodate hallways, bathrooms and maintenance closets. 6 vii) Visiting Nurses Association (VNA) VNA serves seniors in the health and fitness areas. Flu and pneumonia shots, foot care, health assessments, massage, and general health assessments and counseling are performed by the VNA. VNA believes, and the Committee concurs, that their present space is adequate for their use. > Recommendation: The VNA space allocation continue unchanged. 4. Conclusions It is the Committee's recommendation that the Commission change its initial request for 7,700 square feet of space on the second floor of the Iowa Avenue Parking Ramp to 3,527 square feet on the first floor with the high ceiling, and 3,700 square feet on the second floor. Further, the Committee recommends no specific location of space for either agencies or programs except for the New Horizons Band. The Committee believes it is beyond the scope of this Committee or the Commission to determine the exact location of space we recommend for a particular agency or program. These decisions will be made in accordance with existing policy and contractual agreements by Senior Center staff when space becomes available. Finally, it is the opinion of the Committee that if additional space is not allocated to the Center in the ramp many of the programs will of necessity be limited or reduced. Some agencies, such as Elderly Services and Senior Dining, may have to seek space elsewhere. The co-location of services for seniors in an age of increasing numbers of seniors can only be accommodated with additional space. 7 Marian Karr From: Sent: To: Subject: D. Norton [denorton@blue.weeg.uiowa.edu] Wednesday, April 28, 1999 9:17 AM Marian, City Clerk Karr Forwarded mail .... Marian,FYI. A follow-up is coming which includes more detail and would be more interesting to the Council. Thanks, Dee .......... Forwarded message .......... Date: Sat, 24 Apr 1999 17:25:24 -0500 From: "Charles A. Miller" <charles-miller®uiowa.edu> To: denorton®blue.weeg.uiowa.edu Dear Sir, My wife and I will soon be locating in the Park West area of town, along Teg Drive. We have some concerns about the plan for developing Kiwanis Park. We are interested in learning how such citizen concerns are brought to the attention of city officials for considering redress. Since bids will soon be taken on aspects of the development that concern us, we are interested in addressing our concerns as soon as possible. We would appreciate hearing from you either by e-mail or by phone so that we can discuss this further. Thank you, Charles Miller & Eileen Finnegan evening/weekend phone: 354-7109 daytime work phone: 335-8897 Marian Karr From: Sent: 'To: Subjectz D. Norton [denorton@blue.weeg.uiowa.edu] Wednesday, April 28, 1999 9:18 AM Marian, City Clerk Karr Kiwanis Park Development concerns (fwd) The second Miller letter. Dee .......... Forwarded message .......... Date: Mon, 26 Apr 1999 11:09:31-0500 From: "Charles A. Miller" <charles-miller@uiowa.edu> To: denorton@blue.weeg.uiowa.edu Cc: eileen-finnegan@uiowa.edu Subject: Kiwanis Park Development concerns Dear Mr. Norton, Thank you for your phone conversation yesterday. My wife and I both appreciate your help in looking at 'neighborhood impact' issues of a planned parking lot along Teg Drive as part of the Kiwanis Park development. I would like to recap, in writing, our two main concerns. First, we are concerned that the addition of a parking lot may have deleterious effects on the southern Teg Drive area. The planned lot may inadvertently serve as a hang-out for kids wanting to party at night. I have heard of late-night drinking occurring in the neighboring Willow Creek Park from more than one parent. They've told me that kids, ironically, sit under the park light and play cards, drink, etc.. It seems like a parking lot might be particularly attractive to kids with cars. A lot could become an attractant for serious problems. It would most unfortunate if crime became a significant worry in a very nice neighborhood. We also believe that crime-prevention steps such as putting in lights would only serve to further degrade the neighborhood by upsetting the night-time appearance of the area. Lights clearly do not scare away late-night gatherings anyway. The best prevention may be elimination or reduction of the attractant (the parking lot) rather than after-the-fact patrols and ugly lights. There are other, aesthetic, concerns of having a parking lot located next to existing houses, as you might imagine. It could add to noise, traffic, and light (headlight) pollution, particularly at late hours. We are not opposed to having people visit the park by car. It just seems that a parking lot is such a permanent, negative, addition to a neighborhood (as opposed to on-street parking) that its existence should be questioned. A lot may be considered a 'plus' by those concerned about the safety of commuting children; however, that concern should be balanced by consideration of the negatives borne by the Teg Drive residents. Also, for those advocating the commuting child's safety, we note that a lot on relatively busy Teg -- as opposed to Abbey Lane -- is not the most logical solution. Secondly, we are concerned that the most-affected neighborhood may not have been involved or consulted during the design phases. This may be due to the fact that, during the time neighborhood discussions were going on, the houses along southern Teg were just being built and occupied. Considering the layout of Kiwanis Park and the creek, it seems a little odd that the parking lot for the park is located on the eastern margin. Given the location of Willow Creek, it seems that Kiwanis Park will more readily serve the western neighborhood. Shouldn't that neighborhood share in some of the potential negatives? My wife, Eileen, and I must soon make a decision whether or not we are still interested in moving to the southern Teg Drive area. We were very excited about living there, but this lot business has given us pause. We had planned on closing on a house there very soon. We hope that our concerns for that neighborhood can be addressed before things become, literally, cast in concrete. We hope that there may be solutions that maximize the positives while also minimizing potential negatives. Again, thank you very much for your consideration. Charlie (and Eileen) Miller work (day) phone: 335-8897 home phone: 354-7109 City of Iowa City MEMORANDUM Date: To: From: Re: April 27, 1999 City Council City Manager Pending Development Issues An application submitted by Richard Strauss c/o Capitol Oil Company to vacate a 40-foot wide portion of Old Lafayette Street right-of-way south of property at 729 S. Capitol Street. An application submitted by James and Christine Waiters to vacate a 1 O-foot wide right-of- way west of their property at 1033 E. Washington Street. An application submitted by Mark Kennedy for a preliminary plat of Kennedy Subdivision, a 40.2-acre, lot residential subdivision located in Johnson County at 3762 Osage Street S.W. An application submitted by South Pointe Padners for a preliminary plat of South Pointe Part 7, a 27-1ot, 8.08-acre residential subdivision located at 1400 Langenberg Avenue. An application submitted by Steve Schmidt for a preliminary plat of Crestview Third Addition, a 4-lot, 22.69-acre residential subdivision located at Landon Avenue S.W., north of Highway 1. An application submitted by Mark Blumberg for a special exception to reduce the ten-foot side yard setback requirement for a hot tub on property located in the Low Density Single- Family Residential (RS-5) zone at 536 S. Summit. mgr~memos\develop.doc City of Iowa City MEMORANDUM 04_30_9~iiI IP7 Date: April 21, 1999 To: Steve Arkins, City Manager From: Rick Fosse, City Engineer Re: Asphalt Resurfacing Program - Bowery Street The Summit Street Bridge Project will begin May 3rd, rather than mid- May as originally projected. This will not give us time to complete the asphalt resurfacing of Bowery Street prior to using it as a detour route for the bridge project. Because of this, we will delay work on Bowery Street until the 2001 Asphalt Program. We are comfortable with this change because of the benefits of getting an early start on the bridge project and the condition of Bowery Street is such that we can get two more years of life without significant interim maintenance. We also expect that Summit Street will be included in the 2001 Asphalt Program. Cc: Chuck Schmadeke Denny Gannon City of Iowa City MEMORANDUM Date: To: From: April 23, 1999 Steve Arkins, City Manager Rick Fosse, City Engineer ~ Re: Ralston Creek Coal Tar Site The EPA has evaluated the latest samples taken along Ralston Creek near the Burlington Street Bridge. They report that the levels of contamination found should not pose any health threat to the workers during reconstruction of the bridge. These findings have been forwarded to the 1DOT and I expect they will add the bridge back into their program. I will update you when I hear from the ]:DOT. Cc: Chuck Schmadeke Eleanor Dilkes City of Iowa City MEMORANDUM DATE: TO: FROM: RE: April 30, 1999 Mayor and City Council Marian K. Karr, City Clerk ~'~ GO Bond Election In response to inquiries concerning the procedures for initiating and conducting such an election I contacted the City's bond attorney, Ken Haynie. Atty. Haynie stated that questions on procedure need to be addressed by referencing State Code Sections 384.26 and 362.4. After review Atty. Haynie informed me of the following: · Election can be held anytime other than a State Primary (we have none this year) and a school election. · Eligible electors (residents over the age of 18) may submit a petition to Council requesting a special election. · The petition is taken at face value (no verification of signatures). · Signatures must total at least 10% of those who voted in the last regular city election (1997 we had 9200 vote), so 921 signatures. · The petition should not contain the election date. That's up to Council. · Acceptance of the petition is non-binding. Unlike our Charter initiative and referendum provisions, Council is not required to act on the petition. Cc: Don Yucuis City of Iowa City MEMORANDUM Date: To: From: Re: April 29, 1999 City Council Andrew Matthews, Assistant City Attorney/'//Y Liquor Licenses and Permits: Civil Penalties, Suspensions, and Revocations for Serving Alcohol to Persons Under Legal Age (PAULA) Council members have expressed an interest in reviewing and discussing the statutory provisions pertaining to liquor licenses and permits as they relate to civil penalties, suspensions, and revocations for serving alcohol to persons under the legal age, and the enforcement mechanisms available to Council. This memo will summarize the law relating to such liquor licenses and permits, focusing on civil penalties, suspensions, and revocations, and will identify enforcement or compliance mechanisms available to City Council for such violations. SUMMARY Liquor licensees, permittees, and their employees are required by law to exercise reasonable care to ascertain whether a person is under the legal age, before selling, supplying or permitting any person to consume any alcoholic beverage, wine, or beer. Failure to do so can subject the licensee, permittee, or their employees to criminal sanctions, civil penalty, license or permit suspension, or revocation. The City can act as local authority to conduct a hearing as to whether such licensee or permittee, or their employees violated their duty to exercise reasonable care to ascertain whether a person is under the legal age, and may suspend, or revoke the offender's license or permit or impose a civil penalty for violation of this obligation. DISCUSSION The City Code has incorporated by reference the applicable provisions of chapter 123 of the Code of Iowa, entitled "Alcohol Beverage Control Act", pertaining to licenses, permits, penalties, suspension, and revocations, as well as the provisions relating to possession of alcohol by persons under the legal age. A brief summary of the applicable provisions follows. A. POSSESSION OF ALCOHOL UNDER LEGAL AGE Section 4-5-4 of the City Code, entitled "Persons Under the Legal Age", incorporates the provisions of Chapter 123, Code of Iowa. The relevant section of the Code of Iowa is section 123.47 and generally provides that a person under the legal age who purchases or attempts to purchase or possesses alcohol commits a simple misdemeanor punishable by a fine of $100 for a first offense. A second or subsequent offense constitutes a serious misdemeanor punishable by a fine of $200 and the suspension of a person's motor vehicle operating privileges for a period not to exceed one year. Since the City can only prosecute simple misdemeanors, any subsequent violations must be charged under state law and prosecuted by the County as serious misdemeanors. Section 123.49(2)(h) of the Code of Iowa provides that a person or club holding a liquor control license or retail wine or beer permit and that person's or club's agents or employees shall not sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable cam to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer. Pursuant to section 123.50(1) of the Code of Iowa, a violation of this provision constitutes a simple misdemeanor punishable as a scheduled violation under section 805.8(10)(a) Code of Iowa, which is a $1,500 fine for licensee or permittee, and a $500 fine for a person who is employed by a licensee or a permittee. B. CIVIL PENALTIES INCIDENT TO CRIMINAL CONVICTION In addition to the criminal provisions concerning sales to and possession by under age persons, under the Code of Iowa, there are various administrative provisions and sanctions related to sales to persons under the legal age, including civil penalties, suspensions, and revocation provisions. Section 123.50(3) of the Code of Iowa provides that if any licensee, wine permittee, beer permittee, or employee of such licensee or permittee is convicted of a violation of section 123.49(2)(h), the administrator or local authority (i.e. the City) shall, in addition to criminal penalties fixed for violations of this section, upon a first conviction, assess a civil penalty of $500. Upon a second conviction within a period of two years, the violator's liquor control license, wine permit, or beer permit shall be suspended for a period of 30 days, and a civil penalty of $1,500 shall be assessed. Upon a third conviction within a period of three years, the violator's liquor control license, wine permit or beer permit shall be suspended for a period of 60 days, and a civil penalty assessed in the amount of $1,500. Upon a fourth conviction within three years, the violator's liquor control license, wine permit, or beer permit shall be revoked. Because the administrative penalty is mandated by statute based on a conviction of the licensee, permittee, or employee, the local authority is not required to hold a hearing but may by resolution impose the administrative sanction although it is recommended that some notice and hearing provision be utilized and provided to the licensee or permittee. These "graduated" penalties under section 123.50(3) are dependant on PAULA prosecutions initiated by the County, as section 123.50 contemplates convictions in violation of section 123.49(2)(h) of the Code of Iowa, not the City Code. C. CIVIL/ADMINISTRATIVE PENALTIES WITHOUT CRIMINAL CONVICTIONS To further complicate this maze of statutory provisions pertaining to licensees, permittees, and their employees' sale of alcohol to persons under the legal age, Code of Iowa section 123.39(1 )(c) provides that a criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to section 123.39. Thus, even without a conviction of a licensee, permittee, or their employee for selling to persons under the legal age, or permitting such persons under the legal age to possess or consume alcohol, if the division or local authority can establish a violation of section 123.49(2)(b), i.e. that the licensee, permittee, or employee knew or failed to exercise reasonable care to ascertain whether the person is under legal age, then the administrator or local authority shall impose a civil penalty in the amount of $300 in lieu of suspension of a license or permit for a first offense. Local authorities retain civil penalties collected under this provision if the proceeding is conducted by the local authority. Subsequent violations under Section 123.39 of the Code of Iowa can result in suspension of a license or permit for a period not to exceed one year, revocation of the license or permit, or imposition of civil penalty not to exceed $1,000 per violation. However, any determination by a local authority is subject to administrative appeal to the Alcoholic Beverages Division, where a new and separate full hearing would be provided. A licensee or permittee may seek judicial review of the local authority's or administrator's decision to the district coud in accordance with Chapter 17A of the Code of Iowa. There are of course, "stay" provisions which if requested and granted, allow continued operation of an establishment during the appeals process and serve to stay any penalties imposed by the local authority. Section 123.40 of the Code of Iowa provides that any liquor control licensee, wine permittee, or beer permittee whose license or permit is revoked under chapter 123 shall not thereafter be permitted to hold a liquor control license, wine permit, or beer permit in the State of Iowa for a period of two years from the date of revocation. If the license or permit is revoked, the premises which had been covered by the licensee or permit shall not be relicensed for one year. Should the Council wish that a more active enforcement effort be pursued against licensees, permittees, and their employees as noted above, administrative action on the part of the Council is authorized by law. The City Council could hold a public hearing, preceded by appropriate resolution and written notice to the licensee or permittee, pursuant to section 123.39 of the Code of Iowa, with respect to possible civil penalty, suspension, or revocation to be taken against the licensee or permittee for selling, giving, or otherwise supplying alcohol to any person, knowing or failing to take reasonable care to ascertain whether the person is under legal age. Appropriate personnel from the Police Department could present a summary of the facts or evidence supporting such violations of the Code provisions with respect to sales to under age persons, and that such licensee, permittee, or their employee failed to exercise reasonable care to ascertain whether the person was under legal age. Council, following such a hearing, if warranted by the evidence, could determine a violation occurred and the Council could pass a resolution finding such violations and impose a civil penalty, suspension, or revocation as provided in Chapter 123 in the Code of Iowa. Please let me know if you have any questions. Eleanor Dilkes, City Attorney Steve Atkins, City Manager Dale Helling, Asst. City Manager R.J. Winkelhake, Police Chief Marian Karr, City Clerk eleanor\mem\u nde r2 1 .doc April 22, 1999 Dear Northeast District Planning Participant: O4-30-99 IP11 ,j/,/, ' ,- ~ ~ ~ ~ CITY OF I0 l,Y,4CITY This letter is intended to update those of you, who have participated in or expressed an interest in the Northeast District planning process, about the status of the public hearings the Iowa City City Council is holding on the draft Northeast District Plan. The Council has had an open public hearing on the Northeast District Plan at three successive meetings: March 30, April 6 and April 20. At the March 30 public hearing on the plan, the Home Builders Association of Iowa City and the Iowa City Area Chamber of Commerce requested that the public hearing be continued so representatives of the organizations could meet with City staff. On April 12, staff met with members of the Home Builders and the Chamber, who expressed concern about the traditional neighborhood concepts that had been incorporated into the plan. They called into question, in particular, including alleys in new higher-density residential neighborhoods, placing garages so they are less dominant in the streetscape and encouraging design compatibility for multi-family buildings in predominantly single-family neighborhoods. Concerning areas of conservation design, some members of the Home Builders/Chamber expressed concern about the economic viability of having single-loaded streets (houses on one side of the street with a sensitive area, such as a stream or wooded ravine, on the other side of the street). In general, they resisted the level of detail in the Bluffwood and Lindemann Hills neighborhood maps in the draft Northeast District Plan, and suggested, for example, that the alleys and most of the streets, except for arterial and major collector streets, be removed from the neighborhood maps. At the end of the meeting, the Home Builders asked that the public hearing on the Northeast District Plan be continued for at least a month to allow them to develop a specific list of changes to the Northeast District Plan that they could then propose formally to the City Council. At its ADril 20 meeting. the City Council continued the public hearing on the Northeast District Plan to May 18. If you would like to participate in the public hearing on that date, please note that the meeting will begin at 7 p.m. in the Civic Center Council Chambers, 410 E Washington Street. You can also forward written information directly to the City Council prior to the meeting. If you have questions or comments about the Northeast District Plan, please feel free to call me at 356-5251. Sincerely, cc: City Council City Manager Home Builders Association Chamber of Commerce ppdadmin~tr~norteast.doc 41o EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 3~i6-5009 City of Iowa City Cable TV Office MEDIA UNIT Memo To: City Manager From: Jerry W. Nixon CC: Bob Hardy Date: 4/28/99 Re:. Video programs (ie. "Traffic Stops" & The Ten Most Common Parking Violations") Steve, In a collaborative effort, the Iowa City Police Department and the City Cable 'IV Oifice's Media Unit, were able to produce an educational and informational videotape about traffic stops. The viewing public will be able to see this program on the City's cable channel- Channel 4, at vadous times and days of the week. The program describes to the public the when, where, who, what and how answers to questions concerning police traffic stops. Also, a very good explanation of a citation (or ticket) is given to the viewer. Lieutenant Matt Johnson of the police department, spearheaded the production of this informative video program .... you may also recognize Officer Johnson's voice behind the images. A second part of this videotape is entitled "The Ten Most Common Parking Violations". This program was requested by the Parking Division awhile back and has been completed for public viewing. The program also helps descdbe the rules of parking in Iowa City. The program is meant to help people parking in the City recognize what constitutes a parking violation .... not to miff or threaten the viewer with parking fines. Again, this is an informative program to help people understand their responsibilities as ddvers of motor vehicles. Also, along with these two programs, you will see a program on the "Salvage Bam". Pam Bames of the Rehab division of the Planning and Community Development Department, realized a need for people to know more about the Salvage Barn and the resources it entails. The other program you will see is called the "Myths of the Game". It was brought to us by a local citizen who obtained permission for us to cablecast it from the US Soccer Association. It is about the rules of soccer and helps demystify the rules of the game. Soccer is not a well known sport and its growing popularity in cities throughout the US has led many parents, coaches, players, and even referees to some peculiar definitions of the game's rules. This program helps dispel these wrong interpretations of the rules, and hopefully allows those involved to interpret the rules correctly and have the game played without disruption or upset participants. Jerry W. Nixon · Page 1 Iowa City Housing and Inspection Services Customer Service Survey April 1999 HoW AIeE WE I:>olH ? "Appreciate your time and concern and thanks for a thorough inspection, and your time. Your instructions and advice were very useful. Thumbs Up. Thanks again." "Very pleased with inspection approach. Art Andersen was helpful with suggestions for meeting codes/requirements. Time allotted for making improvements was fair. Accessible via phone, reinspection was complimentary for our efforts and appreciated." "Inspectors are very knowledgeable and courteous. Keep up the good work." "We appreciated your professionalism in notifying us of our upcoming inspection by mail. Mr. Bovey was very considerate and very professional also. We are grateful for your help. Thank you." "send your paperwork sooner. Two to five days is not enough time to go through our administration process; (2) Estimate the cost more accurately. there is a big difference between $200 and $240 for us on our budget; (3) Thumbs up otherwise." "Thank you for the communication and patience given in inspection situations, and times when things may not be getting done that I as a landlord may be unaware." "Very prompt and business-like." "In my recent contact with Bob Shaver (rental unit reinspection) he was very courteous and efficient, both of which I appreciated." "Just great." "Worked well on rearranging appointment when having difficulties with tenant. Thanks again." "Good! Art is good to work with - does a good job - works well with us on things that need an extension due to weather." "The inspector Norm Cate inspected my house and we found him to be very thorough and very good and helpful. rve always been lucky and had good inspectors." "Inspection was on time - complete and fair. Adequate time was allowed for repair. Reinspection was great." "Norm Cate was prompt on time, did his job and explained safety items. Pleasant." "I was very pleased with the inspection process and the professional performance of Mr. John Bovey. Thank you." hisadm/comment3.doc "Gary Klinefelter was a tremendous assistance to me in determining the specific items that needed to be attended to in assudng the safety of the property. Plus, in addition to being thorough and knowledgeable he is very kind. A tribute to the City of Iowa City." "Norm was very professional and cooperative in rescheduling to get work done. Thanks." "1 found Gary very helpful. He took the time to explain different things to me which was very informative for me as a new house director and uninformed. It was a pleasure working with him." "I have worked with Gary Klinefelter on inspections for many years. He is professional and polite. He brings a good 'common sense' approach to building problems - I find the inspections helpful in keeping properties safe and sound. Your whole department does a good job. Thanks for your service." "Almost every time I see a City work crew I see one working and two to five standing and watching. That's wasteful of taxpayers' money and shows horrible management!" Housing rental permits are ridiculously expensive! another example of a bureaucratic rip-off!" "The inspection went well. Scheduling and being on time, having an inspector who is assisting us to have a better house and a safer environment. Thanks a lot." "Great job! You need more people like Norm Cate doing inspections. He is friendly, professional, and easy to work with!" "Mr. Cate was very polite. My only problem with the inspection was that he couldn't find anything else so he checked light plugs that have passed for years - costing me $235 I don't have after spending so much on my apartments. I look across the street at rental property with weeds and broken steps - nothing! Doesn't seem fair." "Good emphasis on safety and pertinent structural maintenance issues. Especially liked the new electrical testing gizmos. All the old houses in town should be tested with those. Mr. Klinefelter was quite knowledgeable and easy to get along with." "Quite polite and responsive. Also on time for appointments." "Just fine. Inspection seemed fair, reasonable, and informative." "Inspection was very thorough and the inspector very knowledgeable and helpful." "Art Andersen was very helpful in pointing out problems, and patient enough to let me take care of them. Thank you for your cooperation." "I have had two inspections with Art Andersen in the last 60 days. Art shows up on time and does no~hassle inspection. Art does his job." Norm Cate is a good employee, polite, helpful to landowner." "I am very pleased with the current inspections." "My experience with the inspection department has been excellent. I've found inspectors to be very flexible in their schedule as well as helpful in matters that require change." hisadm/comment3.doc 2 "You are doing a great job because everything you check is important for security of people. Only thing you might pay more attention is if you approve something keep your word and don't ask next time to do different (for example, sprinkler system). "I think you are doing well. A good job. It's a job that requires tact, and from my experience, it's a job well done." "Inspection and reinspection went good." "Excellent. Very thorough." "John was very thorough. I wish the tenants were as concerned about their safety." "Inspector was prompt with scheduled inspection time. Friendly, courteous. Pleased with inspection services." "Smooth process. Thank you." "Good, very respectful." "Wonderful. Courteous and personable. Easy to work with." "Mr. Klinefelter was very respectful and thorough. I enjoyed working with him." "Overall you have always done a great job of inspecting our properties. You have been very fair and helpful by telling us what, if anything, needs attention. I have found it easy to schedule inspection times that work well with my schedule. All of your inspectors have always been great. Thanks." "Bob was very prompt. He was thorough in the inspection, but not overbearing. He did not seem to feel he had to find something wrong." "I've always found the inspectors and City staff to be helpful, patient, and friendly. Thanks!" hisadm/comment3.doc 3 4-22-99 MS. CAROLYN CAVITT MR. JIM CLAYTON THE STEPPING UP PROJECT DEAR MADAM AND SIR: WE WERE VERY SURPRISED AND SADDENE. D BY YOUR LETTER YOU SENT US ON APRIL 16,1999. WE HAVE ALWAYS BEEN A COOPERATIVE MEMBER OF THE BUSINESS COMMUNITY WHICH IS WORKING TOWARD A SOLUTION TO THE UNDER AGE AND BINGE-DRINKING PROBLEM IN IOWA CITY. YOU STATE IN YOUR LETTER, "EACH TIME THE IOWA CITY POLICE CHECKED YOUR ESTABLISHMENT IN THE PAST YEAR, A T LEAST ONE UNDERA GE DRINKER WAS CITED." THIS STATEMENT COULD NOT BE ANY FURTHER FROM THE TRUTH. WE DO NOT KNOW WHY YOU MADE UP THIS FALSE INFORMATION ABOUT OUR RESTAURANT AND NIGHTCLUB. IT IS AN OUTRIGHT LIE. YOUR NEXT CLAIM WAS AN EVEN BIGGER LIE, "IN FACT, AN AVERAGE OF 1.8 PERSONS WERE CITED IN YOUR ESTABLISHMENT EACH TIME IT WAS CHECKED.' THE IOWA CITY POLICE DEPARTMENT WORKS WITH US IN OUR NIGHTLY JOB OF ENFORCING IOWA LIQUOR LAWS. YOU CAN ASK ANY OFFICER THAT IS ON THE FORCE AND THEY WILL TELL YOU THAT THEY DO NOT FIND AN UNDERAGE DRINKER IN OUR BUSINESS EVERY TIME THEY CHECK IT. IN FACT, A LOT OF THE OFFICERS HAVE COMPLIMENTED US ABOUT WHAT GREAT~ STRIDES WE HAVE MADE IN HELPING THEM CONTROL THE PROBLEMS THAT GO ALONG WITH UNDERAGE AND BINGE-DRiNKING. AS FAR AS THIS "1.8" FIGURE, I HAVE SEEN HUNDREDS OF TIMES WHEN OFFICERS HAVE COME IN AND THEY LEAVE WITHOUT CITING ANYONE. SO HOW CAN YOU SAY "EACH TIME?" WE HAVE ALWAYS TRIED TO BE PART OF THE SOLUTION, NOT PART OF THE PROBLEM. WE HAVE SPOKEN DIREC__TLY~ WITH FIVE OF YOUR EXECUTIVE MEMBERS, AND HAVI~..~> RECEIVED A POSITIVE FEEDBACK FROM THEM CONCERNING THE OPERATIONS OF OUR BUSINESS. WE CAN TELL YOU WITHOUT RESERVATION THAT WE~D OUR EMPLOYEES HAVE NOT "EXPERIENCED DIFFICULTY IN~ MONITORING UNDERAGE DRINKERS" IN OUR BUSINESS. WE TURN HUNDREDS OF FAKE I.D.S OVER TO THE POLICE EVERY YEAR, OUR SERVERS ARE ALL T.I.P.S. TRAINED BY THE IOWA CITY POLICE, AND OUR DOOR STAFF IS TRAINED BY THE POLICE IN HOW TO SPOT FAKE I.D.S. IN THE THREE YEARS SINCE WE TOOK OVER OPERA TIONS OF THE FIELDHOUSE, WE HA VE NEVER BEEN CHARGED OR CONVICTED OF ANY LIQUOR LAW VIOLA TION. MOST OF THE YOUNG ADULTS THAT ARE CITED IN OUR RESTAURENT AND NIGHTCLUB USED A FAKE I.D. TO ILLIGAL Y OBTAIN ALCOHOL, AND THE REST SNEAK IT IN WITH THEM OR STEAL IT FROM A LEGAL PATRONS TABLE. WE DO NOT SEND ANY "MIXED MESSAGES TO STUDENTS", BECAUSE WE DO NOT HA VE ANY KNOWLEDGE OF, DIRECT, SANCTION, OR APPROVE OF ANY PERSON UNDER THE AGE OF 21 TO PURCHASE OR CONSUMEALCOHOL ON OUR PREMISIS. AT THIS TIME WE ARE IN NO WAY VIOLATING ANY IOWA LAWS FOR LETTING THOSE UNDER 21 INTO OUR BUSINESS. YOUNG ADULTS COME IN TO OUR BUSINESS TO EAT, PLAY POOL AND GAMES, DANCE, WATCH TV, AND DRINK NON- ALCOHOLIC BEVERAGES. WE HAD OVER 250,000 PEOPLE VISIT OUR BUSINESS LAST YEAR. THERE ARE ALWAYS A FEW THAT WILL TRY AND BREAK THE LAW, ..BUT THEY ARE THE EXCEPTION, NOT THE RULE. WE DO EVERYTHING POSSIBLE TO UPHOLD THE LAW. WE ARE TRULY OFFENDED THAT YOU AND YOUR ORGANIZATION IS SUGGESTING, AND TELLING THE CITY COUNCIL AND THE STATE ALCOHOL BEVERAGE COMMISION, THAT OUR BUSINESS IS SOMEHOW BEING LAX IN ENFORCING THE LAW. WE UPHOLD THE LAW 100%. IF YOU REALLY WANT TO STOP THE PROBLEM YOU NEED TO START EDUCATING PEOPLE ON THE DANGERS OF UNDER AGE AND BINGE-DRINKING. OFFER THEM ALTERNATIVES LIKE WE DO SO THEY KNOW THAT THEY DON'T HAVE TO DRINK. l SUGGEST IN THE FUTURE, BEFORE YOU GO OFF ON A WITCH-HUNT AGAINST LEGITIMATE BUSINESS OWNERS, THAT YOU WOULD TRY AND GET YOUR FACTS STRAIGHT ON ALL THE ISSUES OF THIS COMPLEX PROBLEM. WE ARE PUTTING YOU ON NOTICE TO STOP WITH YOUR LIBELOUS STATEMENTS THAT WE BELIEVE ARE INTENDED TO INTERFERE WITH THE LEGITIMATE OPERATIONS OF OUR BUSINESS. ENCLOSED PLEASE FIND TWO ARTICLES FROM LOCAL PAPERS I HAVE SAVED FOR YOU, AND A COPY OF OUR POLICY ON SERVING ALCOHOL. WE ARE IN FULL COMPLIENCE WITH STATE LIQUOR LAWS. OUR GOAL IS TO RUN AN ESTABLISHMENT THAT UPHOLDS ALL LAWS. IF WE CAN ASSIST YOU IN ANY WAY IN GET$IN~ YOU THE REAL FACTS, PLEASE GIVE US A CALL. ~ c~. SINC LY, ~r~:~ ,~,~. AND DAVID MOORE, OWNERS, THE FIELDHOUSE RESTAURANT AND NIGHTCLUB. "0 '0 II FIELDHOUSE ALCOHOL SERVING POLICY FEBRUARY 22No, 1996 1) 2) 3) 4) s) ASK TO SEE THE LEGAL HAND STAMP IF A PATRON ASKS YOU FOR AN ALCOHOLIC DRINK. IF YOU HAVE ANY REASON TO BELIEVE THAT THE PERSON IS NOT OF LEGAL AGE, RE -ID HIM OR HER. AFTER DETERMINING THE AGE OF THE PATRON, SERVE HIM OR HER I (ONE) ALCOHOLIC BEVERAGE. IF YOU SELL A PITCHER, ONLY ONE EMPTY CUP PER LEGAL PERSON. DO NOT SERVE AN INTOXICATED PATRON. TELL THE SECURITY PERSON IN YOUR AREA AND HE WILL GET THE MANAGER. ANY TIME YOU BELIVE A LEGAL AGE PATRON IS TRYING TO SERVE A MINOR PATRON, NOTIFY THE SECURITY PERSON IN YOUR AREA. DO NOT SERVE MINOR PATRONS. WE HAVE MANAGERS WATCHING YOU AND A CAMERA SYSTEM. IF WE FIND OUT YOU HAVE DONE THIS, YOU WILL BE FIRED ON THE SPOT. YOU ARE PUTTING OUR LIQUOR LICENCE AT RISK, AND YOU, THE SERVER, AND THE FIELHOUSE MAY BE FINED, AND OUR LICENCE SUSPENDED BECAUSE OF YOUR MISTAKE!! i PRO J E A COMMUNITY AND CAMPUS COALITION TO FIEDUCE BINBE Exccudvc Manbcn Dd¢ H,'ltmi Phdl,p E. Jones Jult¢ Keamcy, E,,~]uacoc Pat Ketcham Mary Khowusah Em,¢ Lchxrta.n D,ck Myers Juice Phy¢. Project Coordmacor Joan VandenBe~g Bn~n W'h,cc J. Patrick Wh,cc 4-8-99 Mr. Lew Converse Field House Bar 111 E. College Street Iowa City, IA 52240 Dear Mr. Converse, As a Community and University Coalition committed to reducing binge drinking, drinking to get drunk, and its negative effects on others, we are concerned to note that you and your employees have experienced difficulty in monitoring underage drinkers in your establishment in the past year. Each time the Iowa Cit), Police checked your establishment in the past year, at least one underage drinker was cited. In fact, an average of 1.8 underage persons were cited in your establishment each time it was checked. While we understand that students ~vill share their drinks with younger patrons, we want to encourage you and your employees to increase your compliance with state laxv. Binge drinkers and the problems they create for others come in all ages. We understand that reducing underage drmlg is only part of the solution to reducing hinge drinking. Ho~vever we do kno~v that 59% of our underage students are binge dnnkers. Establishments that let underage students drink send a rrmxed message to students. We also understand that ~he responsibilities of a business owner/manager are many and complex. Our goal is to reduce the harm caused to students and our cogunit), by binge drinking. If xve can assist you in any way, please give us a call. Sincerely, Chair CC: Ioxva City CitT Council Coralville City Council State Alcoholic Beverage Commission Vice-Chair CC: THE IOWA CITY COUNCIL THE IOWA CITY MANAGER THE STATE ALCOHOL BEVERAGE COMMISSION THE IOWA CITY PRESS CITIZEN THE DALLY lOWAN THE CEDAR RAPIDS GAZETTE THE IOWA ASSOCIATION OF THE RESTAURANT AND RETAIL BEVERAGE INDUSTRIES THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS OWNERS THOMAS J. VILSACK, GOVERNOR SALLY J. PEDERSON, LT. GOVERNOR April 16, 1999 Sol Simon, Director Mississippi River Revival P.O. Box 315 Winona, MN 55987-0315 DEPARTMENT OF NATURAL RESOURCES PAUL W. JOHNSON, DIRECTOR APR ,?, 0 1999 CITY MANAGEJt'S OFfiCE RE: Notices of Intent to Commence Citizen Action Dear Mr. Simon: This is to respond to the Notices you issued to eleven Iowa NPDES facilities on January 23, 1999, which were delivered to Mr. Johnson on January 25, 1999, and to respond to your invitation to enter into a dialogue to establish cooperation between us and improve compliance activities relating to NPDES permits. As you know, there have been significant changes made recently in the management staff of the agency and division. As we discussed by telephone, I asked that you wait until the new Environmental Protection Division [EPD] Administrator, Michael Valde, came on board and had a chance to review these matters. I appreciate your waiting for this. We have discussed these issues and have the following responses. First, I want to assure you that compliance with NPDES permit discharge limits is a high priority of EPD. Having said that, we do have limited staffing, and we have to prioritize our activities both within this program and with respect to the many other environmental programs we administer. We place more priority on situations of actual or potential pollution. In the NPDES program there are over 1700 permitted wastewater dischargers in Iowa. In our Compliance and Enforcement Bureau we have 15 full-time equivalent [FTE] inspectors and one attorney FTE dedicated to the "wastewater" z program. In our work plan with EPA we are committed to inspection of 640 facilities per year, and we strive to do more than that. In addition to NPDES inspections, we respond to over 300 complaints per year in the wastewater program. Many of these relate to unpermitted discharges, which we have to address through compliance and enforcement activities. Thus, we have quite a "full plate" in this program, and again, have to prioritize our actions. In your press release supporting document, you allude to our Enforcement Agreement with EPA, and assert that we are systematically violating it. We disagree with this assertion. We do not believe that a lock-step, formal enforcement reaction to every conceivable violation is mandated or appropriate. We try to address the more serious violations first. Section 5 of this agreement references "other media specific agreements". We have agreements with EPA in all of the federal programs that we administer, including the NPDES program. EPA's policies place emphasis on "major" NPDES facilities. The "technical review criteria" which you disparage in Not including feedlots - additional FTE are dedicated to that program. WALLACE STATEOFFICEBUILDING / DES MOINES, IOWA50319 / 515-281-5145 / TDD515- 242-5967 WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 / 515-281-5145 / TDD 515-242-5967 / FAX 515-281-8895 Mississippi River Revival April 16, 1999 Page 2 of 3 your press release are also part of this program, and are a rational method for prioritizing enforcement responses. The agreement with EPA relating to the wastewater program does reference the Enforcement Agreement. However, in all of the years that we have been administering this program it has never been interpreted such that the formal, escalating actions and strict time flames of Section 8 [Timely and Appropriate Response] apply to every violation at every facility. Under EPA policies and our agreement we monitor compliance and submit a Quarterly Non-Compliance Report to EPA Region VII, reporting "significant non-compliance" for major facilities, and EPA expects us to take timely and appropriate responses for those cases. We also have extensive reporting requirements to EPA as to our other compliance and enforcement activities. They conduct oversight of our activities and conduct audits and evaluations of our program, vis-h-vis our agreements with them. They have never found us to be systematically violating the Enforcement Agreement. Some general comments and our specific responses to the Notices of Intent are attached. I hope you conclude, as I do, that we are not ignoring violations and we are not allowing pollution of our surface waters. There is a lot of information available to supplement the bare record that computer data and monthly reports initially present. Some of the data are erroneous. Other data that appear to show violations are easily explained, and really aren't violations. In many other cases violations have been noted and the facilities are actively working on solutions. We may use more informal methods to address violations that do not appear to be causing significant problems. We try to get our field staff out to visit the facilities as much as possible, particularly the ones that have significant problems. We also use the formal mechanisms outlined in the enforcement agreement when appropriate, including administrative orders, court actions and penalties. Could we be doing more? Yes, we would like to do more inspections and respond to some of these matters more timely. Could we be doing better with our current resources? We don't think so, but we are certainly welcome to hear any suggestions for improving our efficiency, if that is possible. We welcome the support of citizens groups and agree with the concept of "private Attorneys General" as reflected in the citizen suit provisions. This can be an effective component in the overall efforts to achieve and maintain the highest possible compliance rates. We disagree with your statements to the effect that if we respond to a Notice of Intent by taking an enforcement action, we are "intervening" and "hostile". I understand that you feel that our actions on several of the Notices you filed last year should have been more severe. All I can tell you is that we try to apply our enforcement policies, as reflected in 567 Iowa Administrative Code, chapter 10, fairly and consistently, and we feel that the actions we took were fair and appropriate under the specific circumstances of each of those cases. We are not hostile to your group, and appreciate the efforts you have made. It is clear that with your Notices some facilities have been inspired to more promptly address some problems. It is good to let the regulated public know that someone besides us is monitoring them. It is also good for us to know someone is monitoring us. I do think, however, that it would have been better for you to wait for the facts Mississippi River Revival April 16, 1999 Page 3 of 3 to be sorted out over the 60-day notice period before you had made some of your conclusions. At the same time, I am pleased that groups such as yours feel strongly about these issues. You indicated that you would like to get together with the new Administrator to discuss these issues and attempt to establish more cooperation. After you have had time to review our responses, give me a call and I will arrange a meeting. Sincerely, Michael P. Murphy, Chief Compliance and Enforcement Bureau C: FO1-6 Named Facilities Mary Mindrup - USEPA Region VII General Comments on Mississippi River Revival Notices of Intent We have a couple of general comments about some of the alleged violations, before discussion of each of the eleven cases in the attached pages. Flow. Many of the violations asserted relate to "flow". The amount of flow, by itself, is not a pollutant. The department normally would allow most facilities to discharge the amount of flow for which it asks, unless it exceeded the hydraulic capacity of treatment units. The volume of flow is part of the information needed to calculate mass limitations for pollutants, and to calculate waste load allocations. Monitoring of flow is important for a number of reasons, but again, by itself flow is not a pollutant. If excess flow is causing problems with treatment, we require actions to address it. Unless a flow exceedance is reflective of some other problem that needs attention, we do not consider a flow "violation" to warrant any enforcement response. It is certainly unfair to conclude that we are allowing "pollution" by allowing exceedances of flow limitations. Water Quality Standards. Many of the violations asserted relate to limitations based on "waste load allocations", that is limits that are derived in order to insure that water quality standards are met nearly all the time. Metals, chlorine and ammonia nitrogen normally fall in this category. Obviously the fact that they relate to water quality makes them important. However, there is a lot of history and background that complicates the strict enforcement of some of these limitations. Many of the current ambient water quality standards are relatively new, being adopted or revised in 1990. There was a period of years after 1990 that wc evaluated streams and lakes and classified them into the various "designated uses". Many new stream segments were added to the listing of designated streams. These changes made many facilities subject to new or revised discharge standards. As new permit applications and renewals came up, wc calculated waste load allocations and put these types of limitations in the permits, where required. In many cases, this was the first time that the facilities had these limitations, and it was not known whether they could meet them or not. We typically, give people time to monitor, and if corrective action is necessary, time to evaluate solutions and implement necessary changes. To further complicate matters, waste load allocations are based on what we feel is the best science available, but there are necessarily a number of assumptions, and computer modeling, built into the calculations. In addition, science is always evolving. There is flexibility built into our rules that allows a facility to evaluate, after finding out they can't meet the limitation, whether the basis of the limitation is appropriate for their particular situation. If they want to pursue this course of action, we typically give them time to do so. In the meantime, "violations" show up. Ideally it would be best to formally legitimize all of these situations through formal compliance schedules, but frankly, we don't have the resources to do this in every case, and we rely on informal oversight in many cases. We don't think this is "ignoring" or "allowing" pollution. We do not think that penalties are warranted in these types of situations, unless the facility owner is dragging their feet. These comments should not be interpreted that we don't think these limitations are important or should not be enforced. They are and should be, but we point these things out to make the point that violations aren't as "black-and-white" as they may appear, and these complications have some beating on how we should respond to a given situation. Iowa City North Our data are pretty much in agreement. However, we have not been ignoring these violations. The department has had ongoing communications with the City on many of these issues. The City has already been issued an Administrative Order with a compliance schedule to resolve the copper and mercury problems and is actively addressing those metals problems under that Order. The CBOD and TSS problems are minor, isolated, and infrequent, and do not warrant enforcement action. The City's current permit was issued in 1990, at a time that water quality standards were undergoing revision, and new waste load allocations for ammonia nitrogen were transmitted to the City after that. The City subsequently proposed improvements to address ammonia nitrogen, and has in fact constructed some facility improvements in anticipation or part of the overall plan. Issues between the City and department, primarily the length of the compliance schedule for ammonia nitrogen treatment facilities, were being addressed through the NPDES permitting process, and we will have to admit that we dropped the ball in moving that along. In the meantime the City has been progressing with planning and construction activities. Our intent at this time is that a compliance schedule will be placed in an Administrative Order. The cyanide problems which have shown up more recently will also be addressed in the Administrative Order. AGENDA Iowa City/Coralville Deer Management Committee Wednesday, May 5, 1999 6:45 p~m. Iowa City Civic Center Council Chambers 04-30-99 I IP16 · Call to Order. · Review of Long-Term Management Plan. · Non-Lethal Management Methods. ¢ Survey v' Signs ,/Reflectors ¢ Education ¢ Contraception ¢ Others · Discuss 1999/2000 Management Plan. · Public Comment (3 minute limit per speaker). · Set agenda for next meeting. · Adjourn. SUMMIT STREET BRIDGE RECONSTRUCTION NEWSLETTER April 1999 ROAD CLOSURE The Summit Street bridge over the Iowa Interstate Railroad will be closed ro vehicular traffic during construction. Vehicular traffic will be detoured to Dodge Street via Bowcry Street and Kirkwood Avenue. The Sheridan Avenue intersection will remain open. The plans called for a temporary pedestrian bridge at Clark Street, one block east of Summit Street. The contractor has proposed, and the City has accepted, a plan to move the location of this bridge to Summit Street adjacent to (east of) the new construction. This change will save the City $8,000. The temporary pedestrian bridge will give passers-by a great opportunity to observe construction of the new bridge. REFUSE COLLECTION The City will continue to collect refuse on the same day during the project without change. PARKING Residents will receive advanced notice of driveway closures due to the construction work. The notices will include the estimated duration of the closures and instructions on temporary parking locations. MAIL The Post Office has indicated that they will continue to deliver mail during construction. WATER SERVICE During reconstruction of the new water main there will be short (approx. 4 hour) interruptions in water service. Affected residents will be notified a few days in advance. PAVEMENT SAWING After pavement is poured, crack control joints are sawed in the surface. This procedure must be done at just the right time - after the concrete is hard enough to support the saw and before it begins to shrink. Often the ideal time is during the evening or night after the concrete is poured. This operation is loud and dusty. This is a reminder to keep your windows closed the evening after the Contractor pours concrete near your home. CONTRACTOR SELECTED The City has awarded the construction contract for this project to Iowa Bridge and Culvert, Inc. of Washington, Iowa. They were the lowest bidder with a bid of $1,292,897.28. The Contractor's construction superintendent is Ron Sojka. He will be on site during construction. During projects similar to this one, some residents take advantage of having a paving contractor working near their property. Anyone interested in having some driveway or sidewalk installed or removed and replaced may contact the paving Sub-Contractor: Metro Pavers 1722 Steven Drive Iowa City, IA 52240 351-8800 SCHEDULE OF PROJECT The Contractor has indicated that they will follow the schedule described in the plans. · May 3~a: Begin Bridge Construction · Mid-May: Begin Storm Sewer and Water Main work, including some pavement removal from the south side of Walnut Street to the alley north of the bridge. · Mid-June: Begin Street Construction · November 1999: Complete Construction The construction schedule is very dependent upon weather. The most vulnerable time is just after the pavement has been removed. If it rains on the bare sub-grade the contractor must wait for it to dry before work can continue. Please feel free to contact NNW, Inc. or the City of Iowa City during construction. CITF OF IOWA CITF [14 N Wh~t~ CONSULTING ENGINEERS HOW TO COMMENT WHO TO CONTACT If you have questions or concerns during the construction process, you can: · Call, or write the City of Iowa City contact person. · Call, write or Email Steve Jacobsen or Mark McDonald of NNW, Inc. · Watch for the next newsletter. · Watch for project signs near the site. City of Iowa City · Assistant City Engineer: Denny Gannon, 356-5142 NNW, Inc. · Design Engineer: Steve Jacobsen, 35 1-2166 Email: nnwinc@cris.com · Project Engineer: Mark McDonald 35 1-2166 RIVER STREET / WOOLF AVENUE RECONSTRUCTION NEWSLET'TER i999 ROAD CLOSURE As construction progresses, parts of WooIf Avenue, River SWeet and Riverside Drive will be closed to traffic. During these times some driveways will become inaccessible. We will keep you informed of upcoming closures. Please prepare for these times by stocking up on heavy items such as softener salt, detergent, etc. If you have a special event coming up or have special needs, please let us know so we can be of assistance. REFUSE COLLECTION For those who are temporarily without driveway access due to road reconstruction, the City will continue to collect refuse on the same day during the project without change. However, the City would like to limit the collection of recyclables to the first and third pickups of the month. If the amount of recyclables becomes a problem, please call the City's Solid Waste Division (356-5184) and request pickup. PARKING Parking surveys have already been sent out for the fh'St stage. Please return these surveys if you have not already done so. Temporary parking permits will be issued for all residents unable to access their driveways due to construction. Instructions on parking locations will accompany the permits. MAIL The Post Office has indicated that they will continue to deliver mail during construction. WATER SERVICE During reconstruction of the new water main there will be short (approx. 8 hour) interruptions in water service. 'Affected residents will be d0ti~ed a few days in advance. PAVEMENT SAWING After pavement is poured crack control joints are sawed in the surface. This procedure must be done at just the right time - after the concrete is hard enough to support the saw and before it begins to shr~_'nk. Often the ideal time is the evening or night after the concrete is poured. This operation is loud and dusty. This is a reminder to keep your windows closed the evening after the Contractor pours concrete near your home. CONTRACTOR SELECTED On March 23'd the City awarded the construction contract for this project to Tschiggfrie Excavating of Dubuque, Iowa. They were the lowest of three bidders with a bid of $2,888,645.20. The Contractor's construction superintendent is Jerry Weber. He will be on site during construction. During projects similar to this one, some residents take advantage of having a paving contractor working near their property. Anyone interested in having some driveway or sidewalk installed or removed and replaced may contact the paving Sub-Contractor at: Streb Construction 18 Commercial Dr. Iowa City, IA 52240 338-3498 SCHEDULE OF PROJECT The Contractor has indicated that they will follow the schedule described in the plans. · April 26m: Begin Construction · July 1999: Complete Stage I · September 1999: Complete Stage II · December 1999: Complete Stage III The different stages were shown on the inside of the March newsletter, and the first stage is shown inside this newsletter. The construction schedule is very dependent upon weather. The most vulnerable time is just after the pavement has been removed. If it rains on the bare sub-grade the contractor must wait for it to dry before work can continue. Please feel free to contact NNW, Inc. or the City of Iowa City during construction. Cl~Y OF IO~A CITY l'4 H W.~,~.. CONSULTING ENGINEERS "' ""d'z'L'_ ~ ~ w w  ~ ~ qAV SI77~ / ~ ~ NOQT:I8 ,j ,,,x~,' z-/,,,>~,~"'~ <u-z O_ NVMOOVIAI NOSNIHO,I, rTH NOlONIX37 3AV 3IOOM --/ LI NCOL__N Council on Disability Rights and Education MEETING AGENDA MAY 4, 1999 - 11:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER -- 410 E. WASHINGTON ST. IOWA CITY, IA 52240 Discussion of the Future of the CDRE (attached for your reference is a copy of the letter to all members which was sent out in mid-April.) Other Business Next Meeting Agenda Adjourn CC: Iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage 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. mmm rngr/asstJcdre-agd.doc Council on Disability Rights and Education April 13, 1999 Dear CDRE Member: We are experiencing increasing difficulty in getting members to attend meetings of the CDRE. We had five members present on November 3, two present on January 5, and 2 present on March 2. Generally, there has been an obvious waning of interest over the past 6 to 12 months. Questions that come to mind regarding the lack of attendance center on interest and convenience. Is there still an interest in having a group such as the CDRE? Could the mission of the CDRE be accomplished through another group or organization in the community? Are the goals or issues addressed by the CDRE representative of the goals and concerns of the community, especially those persons with disabilities? Are meeting times convenient or does the 11 a.m. meeting time prevent members from attending? How might we generate a renewed interest in the CDRE, given that its mission is seen as reflecting a need of our community? How might the organization be restructured to better achieve its mission? What other concerns or issues are there about the organization and the way it has functioned which may have resulted in the current waning of interest? Perhaps you have ideas or some feedback that will help answer these questions or provide some insight into how we could preserve the future of the CDRE. In the alternative, what options exist for accomplishing the stated mission of the CDRE in another way. If you have suggestions, please phone or send them to me (338-3870) or to Dale Helling (356-5013). In addition, the regular meeting of the CDRE on May 4, 1999, will be largely devoted to discussing what the future of the organization may be. You will receive an agenda prior to that meeting. If it is to survive, we have to find a way to rekindle the active interest in this organization that we experienced in the beginning. I believe we have a mission worth pursuing in Iowa City but it will require renewed participation and commitment. Please let us know your thoughts. Come to the meeting on May 4 and demonstrate your continued interest and support. Thank you for your past involvement. Sincerely, Keith Ruff Chair jw/Itr/dh-cdre,doc The Iowa City Historic Preservation Commission and the J ohnson County Historic Preservation Commission with the support of the Friends o! His!oric Pre. servation t At the Masonic Temple 312 E. College St. Iowa City, Iowa Free parking after 5:00 at Chauncey Swan Ramp. Catering through the generosity of Mercantile Bank 17th Annual Historic Preservation Recognition Awards Wednesday, May 12, 1999 :,~0 pm Refreshments : 0 pm Recognition Awards Comments by Molly Myers Naumann, architectura/ historian & preservation consultant April 27, 1999 PRESS RELEASE Contact Person: Kim Johnson 356-5139 Re: 1999 Asphalt Resurfacing Project The City of Iowa City's bi-annual Asphalt Resurfacing Project is now in progress. This program is an economical means to extend the life of existing pavements and postpone the need for reconstruction. This year's program will cost $1,123,000 and will include the streets and parking lots listed below. Please exercise patience and caution when traveling these streets dudng construction. We hope your delays are kept to a minimum and that you enjoy the streets and parking lots when they are finished. 5'I'REETS TO RECEIVEASPHAL T RESURFACZN6 South Grand Avenue Grand Avenue Keokuk Street Sheridan Avenue Oakland Avenue Governor Street Seventh Avenue Court Street Myrtle Avenue Windsor Drive Woodddge Avenue Winston Drive Maple Street Benton Street Lower City Park Parking Lot Melrose Avenue to Grand Avenue Eastbound S. Grand Ave. to Byington and the westerly 230' of the westbound side Highland Avenue to 100 ft. south of Plum Street Summit Street to Oakland Ave. and Rundell St. to Seventh Ave. All Bowery Street to Burlington Street Rochester Avenue to Court Street Fourth Avenue to Washington Park Race Riverside Dr. to RR tracks (includes 500' of Greenwood) All Windsor Drive north to new 28' PCC pavement Woodridge Avenue thru Windsor Drive Clark Street easterly 250 ft to PCC pavement 100 ft. east of Hudson Ave. to 757 W. Benton St. STREETS TO BE ,qEAL COA TED Ridgeland Avenue WooIf Avenue Taft Speedway North Dodge Street Court Lower West Branch Road H Street I Street Fourth Avenue Sycamore Street South of Grove Street North of River Street All All East of Scott Boulevard West of Sixth Avenue East of Sixth Avenue South of I Street South of Burns Avenue 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 1999 Asphalt Resurfacing Project April 27, 1999 Page 2 Nursery Lane SE South Riverside Drive Gilbert Court Slothower Road Camp Cardinal Road South Plant Access Road All North and south of trailer court North of Benton Street All All All South Entrance Road to South Wastewater Treatment Plant South Soccer Field Parking Lots North Access Road to South Soccer Fields On Monday, April 26"~, work began on Sheridan Avenue and Oakland Avenue. Work in this area includes milling the existing asphalt base, followed by base restoration, curb repair, and placement of a new asphalt surface. Sections of Oakland Avenue and Sheridan Avenue may be closed at various times and access to driveways in these closed sections will be limited when work is in progress. Weather permitting, work will begin on Wednesday, April 28th on Governor Street and on Thursday, April 29th on Seventh Avenue. Access to affected properties on these streets will be maintained at all times although occasional delays are possible. .MINI'TES East Central Iowa Council of Governments Board Meeting March 25, 1999 - JTPA Office. Room 3022 1030 5th Avenue SE. Cedar Rapids. Iowa ME,~!BERS PRESENT Dell Hanson-Benton Countr Supervisor Tom Tjehneland-.~Iayor of Ely ,.illIt Hearn-Limt Coltlttl' Citizen Charles Montross-[owa Cottit.l)' SltpeITiSOr Paul Cox'le-Finton Cit~' Council Don Magdefi'au-Benton Colttill' Citizen Gary Edwards-[owa Colttill' Citizen Leo Cook-Jones Count~' Supervisor Ed Raber-Washington COlttill' Citi.:en Bob Stout- Washington Coun,ty Slipel'visor Edward Brown-~[aror of WashDtgton Carol Case~'-Johnson Countv Citizen Lu Barron-LDtn Cottltfv Sttpervisor Dee Vanderhoef-Iowa Citv Cit~' Council Heno· Hent'ig-Coralville Citr Coltnell ME.~IBERS ABSENT Rod Straub-lowa Court0· Supeln,'isor Ole Munson-Cedar Rapids Comntissioner Sally' Stutsman-dohnson Countr Supervisor Jim Houser-Lmn Count~' Supervisor David Cavey-3,layor of Olin Dennis Hartsen-dories Cotmtx, Citizen OTHER'S PRESENT -None STAFF PRESENT Doug Elliott-Executive Director Gina Peters-Administrative Assistant Angela Willjams-Housing Planner Jennifer Ryan-Solid lVaste Planner Marie De Vries-SoIM Waste Planning CoordDtator Chris Kivett-Berry-Housing Planner Mary Rulnp- Transportation Planner Dan Kassik-Planner Chad Sands-Planner 1.0 CALL TO ORDER The meeting was called to order by Chairperson, Dell Hanson. .1 Recognition of Alternates - None .2 Public Discussion - None .3 Approval of Agenda M,,S/C (Vanderhoet;'Herwig) to approve the agcnda. All ayes 2.0 .I M/S/C ROUTINE MATTERS Approval of Minutes (February 25, 1999) (Cook/Raber) to approve the minutes as written. All ayes. .2 Preceding Month's Budget Reports/Balance Sheets Elljolt gave an overview of the February. financial statements. M/S/C (Heam/Coyle) to receive and file the Februar2,.' financial statements tbr audit. All ayes. 3.0 .1 Hanson AGENCY REPORTS Chairperson's Report handed out a list of the standing committees tbr 1999-2000. (attached) .2 Board Members' Reports - None .3 Director's Report Elljolt thanked the ECICOG staff tbr their effort in the office move. He also encouraged board members to thank Representative Chapman tbr her assistance with US West to get phone lines to the building sooner than had been predicted. Elliott told the board that he would be submitting an application to the Iowa Department or' Economic Development (IDED) tbr the Government Sen'ices Shanng Program. (handout attached) He noted that the application was due on April 15 and asked that the Board allow the chair to sign the application when completed since the April board meeting is after the deadline. M/S/C (Casey/Barron) to allow the chair to sigm the application tbr the Government Services Sharing Program when completed for submittal to IDED. All ayes. Discussion followed on the application. .4 Communitw Development Report Information included in the board packet. .5 Housing Report Kivett-Berry told the board that she received a letter from the Iowa Department of Economic Development (IDED) stating that the housing fund had been depleted. and funds would not be available again until after January 2000. ECICOG had assisted three communities with applications for housing rehabilitation that would not be funded. She noted that Willjams submitted an application to USDA for a housing preservation grant. Kivett-Berry handed out intbrmation on the Rural Housing and Economic Development (RILED) Program. (attached) The grant application is due on April 30 so the Board was asked to allow the chair to sign the grant application when completed. M/S/C (Coolc/Raber) to allow the chair to sign the application for the Rural Housing and Economic Development (RHED) Program when completed. All ayes. Rod Straub joined the meeting at this time. Elliott told the board that there are several pieces of legislation being debated in Des Moines regarding housing that could be used to supplement the funds that are not going to be coming in from IDED. Kivett-Berry said she was notified this week that an application to IDED for eight units of senior housing in Solon was funded. .6 Transportation Report Rump noted that a public hearing for the FY2000 Consolidated Transit Application will be held at 2:00 p.m. She also reminded board members of a policy committee to be held following the board meeting at 3:00 p.m. At 2:00 p.m. Hanson opened the public hearing for the FY2000 Consolidated Transit Application. No written comments were received and no members of the public were present. Elliott asked Rump what the chances were of the application being approved. Rump said that the level of federal funds has decreased over recent years and that East Central Iowa Transit is unlikely to receive the full capital request. Estimates of federal and state operating liands are provided by the IDOT and are likely to be funded at the level requested. M.;S (BarrowStout) to close the public hearing at 2:04 p.m. M,S/C (Coyle/Brown) to allow the chair to sign the FY2000 Consolidated Transit Application. .7 Solid Waste Report DeVries pointed out a typo in the solid waste report included in the board packet on page 12. Green Rehabilitation for Housing should actually read Green Rehabilitation ti3r Ownership {GRO). 4.0 COM~!ITTEE REPORTS .1 Executive Committee Elliott handed out the ECICOG Strategic Planning Committees list. (attachedl Elljolt asked Casev to give an ove~'iew of the process that the committees will take. Casey sketched out a rough plan tbr the committees to follow. At the next board meeting. Casey will hold a training session tbr the committee leaders and well as all of the committee members. .2 Budget Committee - None .3 Personnel Committee - None .4 Transit Operator's Group - None .5 Solid Waste Technical Advisory Committee - None .6 Ad Hoc Committee Reports - None 5.0 IOWA INTERGOVERN~IENTAL REVIEW SYSTE~I MfS,'C (VanderhoeffCook) to approve all Intergovernmental Reviews with favorable review. All ayes. 6.0 OLD BUSINESS · 1 Approval of Expenditures M/S,'C (Stout./'Tjelmeland) to approve payment of expenditures. All ayes. 7.0 NE~V BUSINESS - None 8.0 NEXT MEETING: April 29, 1999 at the ECICOG office with an open house to follow Carol Casey, Secretary/Treasurer March 25, 1999 Date ECICOG BOARD OF DIRECTORS Standing Ccmmt~ees for 1999-2000 EXECUTIVE Dell Hanson. Chairperson (Bentcn Coun[y) Dee Vandemoef, Vice Chairperson (Johnson County) Carol Casey. Secretary/Treasurer (Johnson County) Gary Edwards. Personnel Committee Charperson (Iowa County) Ole Munson. Budget Committee Charperson (Linn County) PERSONNEL Chairperson - Gary Edwards. Icvva County Citizen Ed Brown. Mayor. City of Wash~nc_tcn Paul Coyle. Ci[y Counc:l Memcer C~t,/cf V;ntcn Dennis Hanson. Jones Count'., C,:,zer Jim Houser. L!nn County Suce,,-'~iscr Sally Stutsman. Johnson Cour':'/Sucenv~scr BUDGET Chairperson - Ole Munson, Finance Commissioner, City of Cedar Rapids David Cavey, Mayor, City of Olin Henry Herwig, City Council Member, City of Coralville Don Magdefrau. Benton County Citizen Robert Stout. Washington County Supervisor Rod Straub. Iowa County Super'zisor 4 ECICOG Strategic Planning Committees Markets Identification Dee Vanderhoef, Committee Leader Paul Coyle Don Magdefrau Lu Ban'on Washin~on County, Citizen Dan Kassik Marie DeVries Brand Identity Gary Edwards, Committee Leader Ed Brown Robert Stout Ann Hearn Gina Peters Tricia Heald Chad Sands DeveloomentFrrainin~ Carol Casey, Committee Leader Rod Straub Jim Houser Dennis Hansen Tom Tjelmeland Chris Kivett-Berry Jennifer Ryan Position for Future Ole Munsort, Committee Leader Hertry Herwig Sally Stutsman David Cavey Leo Cook Charles Montross Mary Rump Angela Williams At Lart, e Dell Hanson Doug Elliott EAST CENTRAL IOWA EMPLOYMENT and TRAINING CONSORTIUM March 25, 1999 MINUTES LOCAL ELECTED OFFICIALS PRESENT: Lu Barron Leo Cook Lumir Dostal Henry Herwig Bob Stout Sally Stutsman Dee Vanderhoef Unn County Board of Supervisors Jones County Board of Supervisors Linn County Board of Supervisors Council Member, City of Coralville Washington County Board of Supervisors Johnson County Board of Supervisors Council Member, City of iowa City OTHERS PRESENT: Robert L. Ballantyne Bonnie A. Pisarik Title IIA Administrative Entity Staff Title I IA Administrative Entity Staff Lumir Dostal, chair of the East Central Iowa Employment and Training Consortium, called the meeting to order at 11:45 a.m. Bob Ba!lantyne indicated that the following agenda items needed action to be taken on them by the Local Elected Officials (LEOs): New Business--agenda item A. Purchase of WRAT and TABE Tests and agenda item C. 2. Purchase of CASAS tests; B. Iowa City Office Rent Increase; C.1. Request for Proposals; and E. Copier Request for Quotation would be postponed until the April meeting. APPROVE AGENDA Dee Vanderhoef made a motion to approve of the agenda as presented. Henry Herwig seconded the motion and it passed. APPROVE MINUTES Henry Herwig made a motion to approve of the minutes. Leo Cook seconded the motion and it was passed. RECOGNIZE VISITORS Sally Stutsman, Johnson County Board of Supervisors, was introduced as a new 1 member of the Local Elected Officials beard. COMMUNICATIONS Bob Ballantyne mentioned that the communication item was self-explanatory. OLD BUSINESS A. Welfare to Work Update Bob Ballantyne informed the LEOs that Linn County has approximately 2,000 Family Investment Program (FIP) cases. Of those 2,000 cases there are approximately 125 to 150 potentially eligible Welfare to Work individuals. Funding in the Welfare to Work program is narrowly targeted to the approximately fifteen percent (15%) of recipients who need on-going support. The current eligibility criteda is very tight (i.e. Temporary Assistance to Needy Families receipt of 30 months or more and having two out of three barriers). It is hoped that the eligibility requirements will become less restrictive and more inclusive when the Welfare to Work legislation is up for reauthorization. Bob mentioned that Service Delivery Region (SDR) Ten's Welfare to Work Program, locally named Work Your Way Up, had twelve applications in process. Bob informed members that staff was preparing mailings to small employers. These mailings will contain "want ads" describing individual client skills as well as incentives to employers. Welfare to Work is a "work first" program. Due to tight Welfare to Work eligibility requirements we will find our best "mutual sphere of interest" with small employers, where incentives like On-the- Job Training contracts can help defray the training costs to small employers. Progress on filling staff positions and replacement of staff positions Bob Ballantyne reported on the hiring process to date: /3 cc~ Welfare to Work positio.ns: .. e local Iowa Workforce Development Center, Cedar Rapids; and previous to this she had been an Income Maintenance Worker with the Department of Human Services. Workforce Consultant, Welfare to Work-Terry Fratella had transferred into the Consortium from Kirkwood Community College's Skills Center. Bob reported that Kirkwood was eliminating and/or reorganizing a couple of departments. In the era of the Coordinating Service Provider (CSP), being able to transition a qualified staff member of one CSP member agency into another CSP agency 2 where an opening existed seemed to make sense. Other Positions: Office Associate, Fifth Avenue Resource Center--Donna Coleman had been hired for this position. Donna had previously worked in the Admissions Department of Kirkwood Community College. Workforce Consultant-Bob announced that Ann Friauf, long time Consortium staff member, would be retiring on April 15. He mentioned that we were close to finalizing the hiring paperwork for her replacement. Office Associate, Eastdale Plaza--Bob announced that Sheila Urquhart had been the Consortium's Office Associate in our Iowa City office. She had taken another position within the Business Services Department on Kirkwoed's Main Campus. Since Sheila is also working on obtaining a Kirkwood degree being on the main campus makes it easier for her to pursue her educational goal. Audit Progress Bob Ballantyne informed the LEOs that the auditors had been scheduled to complete their work on March 30, 1999. However, an audit extension had been granted to the Consortium so that work on resolving the pending fiscal matter could continue. Bob reported that assistance from the Auditors Office of the City of Cedar Rapids had been obtained. Bob McMahan, City Auditor, and another staff member from the Auditors Office were scheduled to meet with Bob Ballantyne on March 26 at the Fifth Avenue Resource Center. The materials which Bob McMahan was focusing on were the 1992 and 1993 year end reports. Workforce Investment Act Update The Workforce Investment Act, passed in August, is a make over of Department of Labor programming. It is more up-to-date especially in the area of interfacing with technology tools. The Workforce Investment Act (WIA) grandparents JTPA type services but not JTPA nomenclature. On behaff of Service Delivery Region (SDR) Ten, Lumir Dostal presented testimony at a February 10 statewide public hearing which was held over the Iowa Communications Network. The recommendations made by the state Workforce Advisory Board, based upon in-put from the February 10 public hearing, were reviewed. 3 1. A July 1, 2000 WIA implementation date was recommended, SDR Ten is planning towards having its local service redesign ready to go by January 1, 2000. This would provide a six month window in which to test this redesign. 2. The state of Iowa moved ahead of federal legislation and has had to retrofit state legislation to federal legislation. The state bill created Regional Advisory Boards and changed the service delivery structure from sixteen areas to fifteen areas. Carroll, Iowa was the Service Delivery Area dissolved under the state's bill. They wanted to be reinstated. WIA sets a 500,000 threshold for automatic area designation. Therefore the Des Moines area could be an area unto itself. The state Workforce Investment Board recommended the reinstatement of Carroll, Iowa as a service delivery region and recommended that Des Moines be and area in its own right. 3. Under the Workforce Investment Act the Local Elected Officials of both the Carroll and Des Moines areas may select one of two board compositions. Under WIA the Local Elected Officials have one of two choices. They may either grandparent in the Private Industry Council (or similar board); or they may appoint a new board. Perhaps the most contentious recommendation made by the state board was to recommend that all areas, except Carroll and Des Moines, grandparent in the Regional Advisory Boards. It is hoped that as many PIC members as possible may be appointed to the Regional Advisory Boards. However, RABs are composed of fourteen members and, for instance. in SDR Ten the Private Industry Council is composed of twenty-five members. in order for PIC members to be considered as potential RAB members, they will also have to meet the specific demographic qualifiers of that vacancy (i.e. a RAB vacancy might only be able to be filled by a white, female Republican representing labor). The governance issues have yet to be solved. Bob Ballantyne pointed out that local elected officials are sensitive to unfunded mandates. They are also sensitive to being given responsibility without authority. Transition questions will need to be decided as well. An operating entity, fiscal agent and possibly an administrative entity to handle compliance matters will need to be selected. Bob Ballantyne commented that he saw value in the Private Industry Council remaining in tact through the July 1, 2000 transition period. Not only will governance and transition matters need to be decided but so will programmatic issues such as local performance standards and demand side programming 4 NEW (i.e. preparing workers for employment). The experience and expertise of the PIC could help shape upcoming local decisions which will need to be made. The Job Training Partnership Act and the Workforce Interment ct each Q' A contain a different role of/for the chief Local Elected Official. Under WIA, the chief Local Elected Official can be selected to serve as the Local Grant Recipient. This could be on the behalf of a consortium. Service Delivery Region Ten already has such an organization. There are but one or two such consortia in the state. In such a configuration liability should follow authority. Bob Ballantyne announced that state staff from the Iowa Department of Workforce Development were making the rounds to explain the state's vision of service delivery structure under the Workforce Investment Act. Region Ten's meeting was being held on Thursday, March 25 in room 234 of Cedar Hall from 1:30 p.m. until 3:30 p.m. Available Funds Summary for Title II Copies of the Title II Available Funds Summary were handed out. Bob Ballantyne explained that this was a programmatic formality. The summary presented information on all sources of funding available to the Consortium for the current grant year (July 1, 1999 through June 30, 2000) in the following funding streams: Title IIA Adult Program, Title IIC Year Round Youth Program and Title 5A Older Worker Program. The Title III Program for Dislocated Workers is contracted to Kirkwood Community College. BUSINESS Summer Youth Employment and Training Program (SYETP) 2. Purchase of CAS AS Handout #2 contained the yearly costs of purchasing testing materials for use in the Title IIA adult program, the Title IIC Year Round Youth program and the Title II B Summer Youth Program. Bob Ballantyne explained that staff had subsequently had a chance to view a presentation on the CASAS testing materials. The CASAS materials appear to be more appropriate for the many youth in our summer program who have some type of disability. He was seeking permission to substitute the purchase of CASAS testing materials, to be used in the Summer Youth Program, instead of purchasing TABE and WRAT testing material. Leo Cook made a motion to approve of substituting the purchase of CASAS testing material for the TABE and WRAT testing material, for use in the Summer Youth Employment and Training Program, as long as the cost of the 5 CASAS material was equivalent to that of the TABE and WRAT materials. Sally Strutsman seconded the motion and it was passed. 1. Request for Proposals (RFPs) The Summer Youth Program contains a component called Academic Enrichment. The purpose of Academic Enrichment is to prevent the erosion of math and reading skills over the summer months. A Request for Proposal (RFP) for Academic Enrichment had been issued. Ideally Academic Enrichment projects should include a good mix of academic enrichment; workplace activities; and applied learning. Bob reviewed the three proposals which had been received in response to this RFP. Benton Community Schools--Benton Community Schools had previously operated Academic Enrichment projects. Services have been provided .to six to eight (usually eight) special education, out of resource room youth. Activities in their project range from basic skills to work based career exploration. Total cost of their proposal was $2,000. Cedar Rapids Community School District-Metro High SchooI-Metro High School had previously operated Academic Enrichment projects. The majority of Unn County youth (roughly one half of the program) are served through this project. Metro has consistently provided a good application of academic enrichment and workplace learning activities. Total cost of their proposal was $16,431. Kirkwood Community College--Kirkwood Community College had previously operated Academic Enrichment projects. Kirkwood serves the other areas of Service Delivery Region Ten which are not covered by either Benton Community Schools or Cedar Rapids Community School District. Bob commented that approximately one half of the youth in our summer program have some type of disability. He would like to extend the work place learning connection activities, currently offered to youth through the Work Based Learning Program, to the special populations within our summer program. He has also suggested to Kirkwood that youth participating in Academic Enrichment be given a tour of one or two businesses as well as a tour of Kirkwood's main campus. Total cost of the Kirkwood proposal was $37,681. Bob Ballantyne stated that the total cost of all three projects was $56,112. This total amount was above the amount set aside in the summer budget for Academic Enrichment. Bob stated that the PIC had authorized him to negotiate proposed costs downward into the amount budgeted for Academic Enrichment. 6 B. Iowa City Office Rent Increase Handout #3 described the proposed rent increase for the suite which houses the Consortium and Iowa Workforce Development Promise Jobs staff at Eastdale Plaza in Iowa City. Currently the Consortium is paying $11.13 per square foot. The proposed rent increase was to $12.50 per square foot due to common area maintenance; taxes; restroom sharing; and HVAC maintenance. Bob Ballantyne said the landlord is proposing the rate of $12.50 per square foot for a two year period from July, 1999 to June, 2001. Bob said that after July, 2000 another type of space arrangement and rental agreement may need to be negotiated. Sally Stutsman made a motion that a revised lease at the~e ju~yofl~ square foot be approved. for one .year from July 1, 1999 ment Bob Ballantyne announced that Ed Raber would be leaving the Private Industry Council due to an employment opportunity within Cedar Rapids. Mr. Raber has been representing Washington County on the Private Industry Council and a replacement for him will need to be sought. F. Administrative Entity Reports Bob Ballantyne reviewed both the Management Information System and Fiscal reports. 28-E AGREEMENT Bob Ballantyne described the governmental units bound together through a 28-E Agreement for the purpose of delivering employment and training services through the East Central Iowa Employment and Training Consortium. The East Central Iowa Employment and Training Consortium is composed of fourteen Local Elected Officials representing the following units of government: one representative each for Benton, Cedar, Iowa, Jones and Washington counties; three representatives for Linn County; three representatives for the City of Cedar Rapids; and Johnson County split its representation between one representative for Johnson County; one representative for the City of Iowa City; and one representative for the City of Coralville. Bob stated that this agreement is duly filed with the state of Iowa. Cedar County had placed an phone call inquiring as to the whereabouts of its original which had been promised to each governmental unit. It seems that no originals had 7 b, ccn distributed. Instead of making copies, it seems that the ten original pages may have been sent on to the state. Bob Ballantyne informed members that he may have to again circulate ten original pages so that each governmental unit could have its own original. Bob was not sure if he indeed would need to do this. He will keep the LEOs informed. Bob Ballantyne answered a question pertaining to agenda item C. Audit Update. He stated that in no way did he mean to infer nor did he want to imply that the City of Cedar Rapids was to blame. Bob informed members that he had asked his boss at that point in time, Mayor Canney, if the Consortium's fiscal books could be independent from the City of Cedar Rapids' books and processes. Bob reported that Mayor Canney had said "no" as he did not wish to have this occur. Given this, the process was: the Consortium authorized payments; the City of Cedar Rapids disbursed the payments (expenditures); and then the Consortium would reconcile payments (via Consortium books/records) with expenditures (via City of Cedar Rapids printouts and reports). Bob stated that the JTPA programs during the 1984 through 1993 era were very large and through having to use this reconciliation process costs might have been miscoded. Finally in 1994 or 1995 the Consortium was able to operate both parts of this process. Bob commented that it probably should have been this way from the beginning. Lea Cook made a motion to adjourn. The meeting adjourned at 12:40 p.m. 8 B4/2G/99 14 -' 26: 13 319-354-4213 -> +3199565BBg IOYfi CITY CLBRX Johnson COunty Jonathan Jordahl, Chair Charles D. Duffy Michael E. Lehman Sally Smtsrnan Carol Thompson BOARD OF SUPERVISORS CORRECTION Agenda Boardroom - 2nd Floor Johnson County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 April 27, 1999 c~ INFORMAL ~ET~G :: C~I to order 9:00 a.m. --:. -'- Renew of the formal minutes of April 22"d 3. Business from the County Engineer a) Discussion/action needed re: update status of right-of-way acquisition being negotiated for Johnson County Project STP-E-52(40)-5K-52 (Prairie Du Chien Road grade, pave, and recreational trail). b) Discussion/action needed re: bids received for seed and fertilizer to be used in 1999. e) Discussion/action needed re: quotes received for application of calcium chloride to roads in the program. d) Discussion/action needed re: Iowa Department of Transportation Agreement for Transportation Enhancement Program Project STP-E-52(40)--5K-52. PCC paved shoulders on Prairie Du Chien Road from 1-80 north approximately 1.5 miles to the intersection with Newport Road. e) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 04/2fi/99 14:2fi:44 31B-354-4~13 -> +31995~50H9 IOWfi CITY CLERK Page Agenda 4-27-99 Page 2 4. Business from the County Auditor a) Discussion/action needed re: FY '99 budget amendment requests. b) Other Business from Betsy Sturgeon of Wellmark Blue Cross/Blue Shield of Iowa re: presentation of the Johnson County Health Management Review. discussion/action needed Work Session - continuation of monthly report/update on Strategic Planning. discussion/action needed 7. Business from the Board of Supervisors a) Discussion/action needed re: interest earned in the Capital Expenditures and Capital Projects Funds. b) Discussion/action needed re: representatives to serve on the Highway 965 Extension Study Committee. e) Discussion/action needed re: meeting with representatives of The University o f Iowa. d) Discussion/action needed re: National Association of Counties annual meeting July 16th - July 20m. e) Discussion/action needed re: EideBailly audit recommendations. f) Minutes received 1. Senior Center Commission for March 16, 1999 2. Hawkeye Area Community Action Program for March 18, 1999 3. East Central Iowa Council of Governments for March 25, 1999 4. Johnson County Transitional Empowerment Board for March 25, 1999 5. Mid-Eastern Council on Chemical Abuse Board of Directors for March 25, 1999 6. Iowa City Area Chamber of Commerce Board of Directors for March 25, 1999 g) Reports Discussion from the public B4/ZB/99 BB:32:B7 319-354-42t3 -> +31935G~BB9 iDM~ CItY C~RX hge Johnson County ~IOWA ~ 1 X. Jonathan Jordahl, Chair Charles D. Duffy Michael E. Lehman Sally Slutsman Carol Thompson BOARD OF SUPERVISORS Agenda Boardroom - 2nd Floor Johnson County Administration Building 913 South Dubuque Street Iowa CiW, Iowa 52240 April 29, 1999 FORMAL MEETING 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of April 22nd Action re: payroll authorizations Business from the County Auditor a) Action re: permits b) Action re: reports 1. County Recorder's monthly reports of fees collected. c) Discussion/action re: setting public hearing for FY '99 budget amendment for Thursday, May 20, 1999, at the Johnson County Administration Building, Board Room at 9:00 a.m. d) Discussion/action re: Resolution 04-29-99-B1 designating funds in the Capital Projects Fund for Mall Drive Land Acquisition. e) Discussion/action re: Resolution 04-29-99-T1 transferring from the General Basic Fund to the Capital Projects Fund. f) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 84/28/99 08:32|~? 319-354-4~13 -} +319~565009 IOW~ CITV CLERE Page 082 Agenda 4-29-99 Page 2 Business from the County Attorney a) Discussion/action re: 28E Agreement with Iowa b) Commumcations for the Johnson County Ambulance Servic~ Other 7. Business from the Board of Supervisors a) b) c) d) Motion authorizing the County Attorney to begin condemnation proceedings for right-of-way to be acquired form the following parties: 1 ) Mary Margaret Cole and Joseph A. Haman, her husband 2) Mary Kay McCune and George MeCune, her husband; Cathleen Vogel, single; Robert Vogel, Jr. and Eileen Vogel, his wife; Virginia Shaffer, single; and Michael J. Vogel, single, as Tenants in Common 3) Elsie M. Lang and Allen N. Lang, husband and wife 4) Randall D. Jensen and Eleni Jensen f/k/a Eleni Reddick, husband and wife 5) Gerry Jude Oogel and Kimberly Ann Gogel, his wife 6) Timber Trails Home Owners Association, Inc. 7) Vernon W. Eden, a single person 8) Betty M. Sedlaeek, a single person 9) Daniel Dean Sedlacek and Leslie June Sedlacek, husband and wife 0) Michael A. Sedlacek and Aria M. Sedlacek, husband and wife for Johnson County Project STP-E-52(40)--5K-52 (Prairie Du Chien Road grade, pave, and recreational trail). Motion authorizing Chair to sign the contract with Crdnger Feed and Grain, Inc. for bid received for seed and fertilizer to be used in 1999 in the mount of $42,432.60. Motion to accept a low quote received for application of calcium chloride to roads in the program. Low quote of $0.3582 per gallon submitted by AG Trucking, Inc. Motion authorizing Chair to sign the Iowa Department of Transportation Agreement for Transportation Enhancement Program Project STP-E-52(40)--5K-52. PCC paved shoulders/recreation trail on Prairie Du Chien Road from 1-80 north approximately 1.5 miles to the intersection with Newport Road. 84/28/99 B8:33:lfi 319-354-4213 -> ,31935fiS~09 IOg~ CITV CLERR Page 803 Agenda 4-29-99 Page (Continuation of Board of Supervisors agenda items) e) Motion to approve and authorize Chair to sign Grant Application for Juvenile Crime Prevention Program for Johnson County. f) Motion authorizing Chair to send Beverlee Clearman a letter of appreciation and certificate for serving on the Johnson County Nutrition Advisory Board (Title V) Heritage Agency on Aging. g) Discussion/action re: appointing Mike Lehman as a representative to the Highway 965 Extended Study Committee (Jonathan Jordahl as alternate). h) Other 8. Adjourn to informal meeting a) Reports and inquiries from the County Attomey b) Inquiries and reports from the public c) Reports and inquiries from the members of the Board of Supervisors d) Other 9. Adjournment 05/03/99 88:41:41 319-354-4Z13 -> +31935fi5889 IOWA CITY CLERg Page 081 Johnson CounVy ! Jonathan Jordahl, Chair Charles D. Duffy Michael E. Lehman Sally Stutsrnan Carol Thompson BOARD OF SUPERVISORS Agenda Boardroom - 2nd Floor Johnson County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 May 4, 1999 INFORMAL MEETING 1. Call to order 9:00 a.m. 2. Review of the formal minutes of April 29tn o Business from Mike Sullivan, Ambulance Director re: Emergency Medical Services Week for May 16-22, 1999. needed Proclamation for discussion/action 4. Business from the County Engineer a) Discussion/action needed re: bids received for bituminous resurfacing (oil contract) of various Johnson County Secondary Roads located throughout the county. b) Discussion/action needed re: Adopt-A-Roadway program for Secondary Roads. c) Discussion/action needed re: bids received for seed and fertilizer to be used in 1999. d) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 Agenda 5-4-99 Page 2 5. Business from the County Auditor a) Discussion/action needed: audit. b) Other 6. Business from the County Attorney proposals received for the annual county a) Report/discussion re: Eastdale lease Services space including remodeling plans. b) Other 7. Business from the Board of Supervisors a) b) c) for Department of Human d) f) g) h) Discussion re: department head progress reports - evaluation and performance. Discussion/action needed re: Voluntary annexations from the City of Coralville submitted on May 12, 1999. Discussion/action needed re: Voluntary annexations from the City of TifYm submitted on May 12, 1999. Discussion/action needed re: appointing an alternate to the Highway 965 Extension Study Committee. Report/discussion from County Computer Committee. Discussion/action needed re: recommendation for Central GIS Coordinator. Discussion/action needed re: Needs Assessment. Minutes received 1. sending out request for proposals for GIS Johnson County Council of Governments Regional Trails and Bicycling Committee for March 9, 1999 Johnson County Emergency Management Commission for March 24, 1999 East Central Iowa Employment and Training Consortium for March 25, 1999 Communication Committee for April 14, 1999 Ageoda 5-4-99 Page 3 Work Session re: continuation of monthly report/update on Strategic Planning. discussion/action needed 9. Discussion from the public 10. Recess Water plants hustle to fill new year cups :; Off' iak. The flow must go on By PERRY BEEMAN P,}:GIS;TER ~T.\I-T Xt~'~ITFR Ed Moreno plans a big shin- dig for New Year's Eve at the Iowa City water plant. It will be a dry party, though, so the city won't be. Moreno wants his staff to be ready for the sobering task of making sure the taps keep flowing on Jan. I, 2000. Water officials around the state say they are doing every- thing they can -- checking every ' ' " pump, valve and -f~' ~~,~ chemical system -- to ensure that ~ the water supply is unaffected by the year 2000 computer bug. "We're being coached not to guarantee ar~g, as is ev- eryone else," said Iowa City plant manager Moreno, who has been planning for the big day for a year and a haft. 'the key is to let people know we are taking this very seriously." That's why Moreno will have his entire 26-member staff at the plant New Year's Eve for some goodie8 and possibly some frantic last-minute work. "People consider the last New Year's Eve this millenium to be a big deal, but for us it will be focused on work," he said. Many computers were pro- gramreed to read only the last two digits of years. Computers l|u~t haven'l been fLxed could con/use 2000 with 1900 and mallunction. Moreno already has fielded many calls from residents, util- ities and businesses hoping they won't be without water on Jan. 1. David Scharf has spent most of his time the past year mak- ing sure every pump, storage tank, valve and computer at Des Moines Water Works is ready. He's arranged for back- up power. He has people scheduled to work on New Year's Eve. He has contmgenc,~, plans, flow charts, the whole bit. Des Moines-area wate, plants are ca/ling it H20 for Y2K. "I feel very comqdent that we'll be able to provide the, same quality of water service,; said Scharf, the utility's com- puter expert. But he offers no legal guarantee of unbroken water service. The Des Moines utility. made famous by its quick re- covery from the Flood Qf '93, has worked for more than a year to make sure all is well. The flood actu: ally helped in one sense, be- cause workers replaced much of the water-damaged equip- ment with models that recog- razes 00 as 2000, not 1900, Scharf said. The staff is checking tele- phones, computers, equipment that feeds chemicals, security systems, storage tanks, boost- er stations, pumps and waives. "Some of us are working on tiffs full time," Schaff said. Testing started in Februa5, and should be done by July. Already, the plant has arranged for extra chemicals in case supplies are hard to come by in Ja~xuary. At one point, the staff set the Des Moines plaiil equipment calendars to 2000 and ran the facility for two days, There were no problems. The Des Moines facility could am for eight days on its own power and chemical stockpries ff needed, Scharf said. hi Cedar Rapids, workers are aging backup power and fuel. Contingency plans are in place, and drills will be- gin soon. Barbara Grohe, Ph.D. Superintendent April 30, 1999 IOWA CITY COMMUNITY SCHOOL DISTRICT 509 S. Dubuque Street Iowa City, IA 52240 (319) 339-6800 Dear City High Neighbor: A public meeting has been scheduled for Monday, May 10, 1999 at 7:30 PM at City High School in the Little Theater. MUSCO Lighting will be at the meeting to share information and answer questions regarding the lights at the City High School tennis courts. Please share this information with other neighbors and encourage them to attend. incere , ,/ / '  ~Z,d ~~cg/"'~.//~'erald L. Palmer Associate Superintendent C Barb Grohe Steve Atkins John Balmer Terry Trueblood Trudy Day Garl McLaughlin City Council School Board Douglas L. Tindal Clemens A. Erdahi Bruce D. Goddard Bruce D. Nestor Daniel l(itchen TINDAL, ERDAHL, GODnARD & NESTOR, F~.~,C~,, e ~ ~1 ~ ~ Attorneys at Law t~' llPR 3 0 1999 31 I Iowa State Bank Bldg. 102 S. Clinton Street Iowa City, Io~va 52240 (319) 351-4567 Facsimile (319) 338-4266 ?~7OltllSe]: ~'~ 1~ Richard Stewart 1909-1979 John C. Owen 1914-1083 Paul V. Shearer 1919-1995 April 29, 1999 Stephen Atkins City Manager, City of Iowa City 4 10 E. Washington Street Dear Mr. Atkins: Last night I attended the public forum sponsored by the Iowa City Civilian Police Review Board, held at the Broadway Neighborhood Center. I believe that this public forum was an extremely valuable and productive event. Many citizens engaged in an extremely even-handed and thoughtful dialogue with the Board about the role of the police and police practices. In particular, a number of young people from the neighborhood attended, who voiced significant concerns regarding their perceptions that police unfairly target and stop young people of color. Other residents of the neighborhood recognized those concerns, supported the young people, but also stated that perhaps the police were acting appropriately to ensure the safety of young people in the neighborhood. In discussions w'ith Board members after the meeting, I questioned why Police Chief Winkelhake did not remain after his formal presentation to hear input from the community and perhaps respond to questions, many of which could have best been answered by a police officer. I was extremely disturbed to learn that Chief Winkelhake's absence was deliberate, and that he had refused to remain, listen to public concern, or respond to questions from the public. In addition. 1 was also disturbed to learn that the Board had received criticism from the City Council regarding holding such public forums. Finally, I also did not consider it appropriate for Chief Winkelhake to appear at such a forum armed with a pistol, when many young people were present and the neighborhood is stressing lessons of non-violence to those young people. As I said before, the forum was remarkably even handed. The police were both praised and suDected to thoughtful questioning and criticism. Such forums can go a long way to creating trust by citizens in a system of policing and criminal justice which many, appropriately, perceive as a system often characterized by inequality and differential treatment. I consider it the role of a police chief to engage the public on such issues, to be able to accept criticism and respond thoughtfully, and not to merely ignore substantial issues by his absence. Chief Winkelhake's absence was inappropriate and only could only increase any tension which exists between the police and other citizens, particularly the young people present, rather than contribute to reducing such tension. 305 West Main Street, Suite A Washington, Iowa 52353 (319 i 653-2 159 Offices in Iowa City, Washington and West Branch 233 South 2nd Street West Branch. Iowa 52358 (319) 643-5544 Stephen Atkins April 29, 1999 Page Two As Chief Winkelhake's supervisor, I would encourage you to require him to attend such public forums in the future and to also accept questions from the public. I would further encourage you. in consultation with the Board and the City Council, to support such public forums in the future as well as other mechanisms by which the citizens of Iowa City and the police can engage in a dialogue. There is presently a prominent, ongoing national debate around such issues as racial profiling, traffic stops, community policing, police brutality, and equality in the criminal justice system. Iowa City's public servants should participate in that debate, rather than ignore it in the hope that it will just go away. Sincerely, Bruce D. Nestor Attorney at Law CC: Civilian Police Review Board Iowa City Council Broadway Neighborhood Center Iowa City Press Citizen Cedar Rapids Gazette May 3, 1999 Mr. Bruce Nestor, Attorney at Law 311 Iowa State Bank Building 102 S. Clinton Street Iowa City, IA 52240 Dear Mr. Nestor: CITY OF I0 WA CITY This will respond to your April 29 letter where you offered comments concerning the public forums sponsored by the Iowa City Police Citizen Review Board (PCRB). This forum as others have been undertaken by the PCRB at their direction and with the knowledge of the City Council. With respect to your comments concerning the Chief's apparent absence for a portion of the forum. To the best of my knowledge the Chief fulfilled his obligation as directed by the PCRB. In letters dated March 11 and March 21 to the Chief it confirmed the structure of the April 28 meeting and the expected participation by representatives of the Iowa City Police. As to what you were told by PCRB members, I cannot comment as to "who said what to whom." However, the correspondence appears to be clear and the forum was to hear comments 'to the board." Of course I am sure the Board could have asked the Chief and/or others to remain, appear for further questions, etc. The letters are, in my judgment, specific and explain the Board' s desires for that evening' s forum. I will quote from the March 11 letter from PCRB Chair Cohen that states, 'Because of the nature of your presentation, we expect a question and answer session will follow. However, I want to limit your participation to 30 minutes so that the remainder of the time will be available for comments to the Board. "In the March 21 letter which was also signed by the chair of the PCRB she states 'Dur understanding is that your presentation and question and answer portion that follows will be 30 minutes so that the remainder of the time will be available for comments to the Board." With respect to the 'hational debate" and other issues such 'racial profiling ", the Police Executor Research Forum (PERF) is conducting research on this and other matters. It is their desire to develop policy guidelines which I would assume would be directed to the International Association of Chiefs of Police and thereby to our country's police departments. The Iowa City Police Chief is a member of PERF and will be participating in those discussions. The PERF is substantially directed at larger communities, something we have learned over time, and we do our best to encourage that this type of national debate also be directed at smaller police departments such as ours. We will wait the research and their recommendations. Sincerely, cc: City Council Chief of Police PCRB Press-Citizen Gazette Broadway Neighborhood Center tp5-2sa.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 B5/04/99 14:27:44 319-354-4213 -> +3193565009 I~Wfi CITY CLERg Page 081 ~ohnson Jon~th~m Jord~hl, Ch~ir Ch~rle~ D. Duffy Midhad E. L~hman Sally Stutsman Carol Thompson BOARD OF SUPERVISORS Agenda Conference Room - 2nd Floor Johnson County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 May 6, 1999 INFORMAL MEETING Call to order 8:00 a.m. 2. Work Session regarding Senior Dining a) Discussion of the following: 1. Senior Dining issues 2. Johnson County Heritage Area Agency on Aging Contract 3. Other 3. Discussion from the public 4. Adjournment 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 What do you want to finance? How can we go about it? What are the consequences? · Financial Political · Policy · Organizational Assumption - No change in current budget, capital or operational- although such .change may be a means to address your interests. What are the capital issues? · New addition to library · Renovate existing library · New Community Events Center · New addition to Senior Center · Federal stormwater regulations $22,500,000 1,000,000 + What are the operational budget issues? · Staff -library addition/renovation · Incidental expenses -library · Subsidy - Community Events Center · Staff - Senior Center Addition · Incidental expenses - Senior Center · Debt repay -internal loan - Senior Center 150,000 30,000 150,000 60,000 12,000 40,000 · Storm water management/maintenance 8.10 GENERAL LEVY · Any legitimate government purpose · Primary levy for General Fund · Grows by way of increase in taxable value, not assessed value · Is a maximum levy (cannot exceed $8.10, unless declared emergency need) Council initiated levy .95 TRANSIT LEVY · Only for Transit use · Council initiated · Is a maximum levy (cannot exceeds .95) · Grows by way of increase in taxable value EMPLOYEE BENEFITS LEVY · Grows by way of increase in taxable value and increase in rate (levy) · No upper limit · Council initiated · Pay for employee benefits (employer share) · Must be at $8.10 before you can use POLICE/FIRE BENEFIT Normally part of employee benefits levy. However, due to the financial position of the City at the time of State takeover of police/fire pensions, we use available cash reserves to pay the City share, thereby reducing the levy for these expenses. .27 LIBRARY LEVY · Grows by way of increase in taxable value · Is a maximum levy (cannot exceed .27) · Voter approval required · Use to support library operations DEBT SERVICE Upper limit determined by property value - limited to 5% of assessed value - grows if assessed value increases Council initiated Only used for debt payments TORT LIABILITY · Grows by way of increase in taxable value, but has a limit on rate · Upper limit determined by cost of insurance premiums and related coverage expenses · Council initiated mgr\poliss.doc Fiscal Year Ended June 30 General 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 8.100 8.100 8.100 8.100 8.1 O0 8.100 8.100 8.100 8.100 8.100 8.100 8.100 8.100 mgr\txratetb.doc Library 0.270 0.270 0.270 0.270 0.270 0.270 0.270 0.270 0.270 0.270 CITY OF IOWA CITY, TAX RATES Employee Tort Debt Benefits Liability Service 1.135 1.336 1,927 1.965 2.073 1.981 1.963 2.133 2.026 1.834 2.010 2.040 2.182 .111 .221 .224 .237 IOWA 2.253 2.152 2.103 1.541 1.496 1.661 1.709 1.200 1.704 1.868 2.300 2.690 3.119 Transit O. 540 0.540 0.540 0.950 0.950 0.942 0.950 0.950 0.950 0.950 0.950 0.950 0.950 Total City Tax Rate 12.028 12.128 12.670 12.826 12.889 12.954 12.992 12.653 13.050 13.133 13.851 14.274 14.858 Agricul- tural Land Tax Rates 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 3.004 Fiscal Year Ended June 30 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 General 9,291 9,719 9,934 10,470 10,793 11,549 11,998 12,637 12,893 13,379 13,981 14,338 14,537 Library 349 360 385 400 421 430 446 466 478 485 CITY OF IOWA CITY, IOWA TAX DOLLARS BUDGETED (in $1,000' s) Employee Tort Debt Benefits Liability Service 1,302 2,600 1,603 2,600 2,364 2,600 2,540 2,000 2,763 - 2,000 2,824 - 2,377 2,908 - 2,545 3,327 - 1,892 3,225 - 2,740 3,030 183 3,119 3,468 381 4,002 3,611 397 4,797 3,916 425 5,639 Transit 619 648 662 1,228 1,266 1,343 1,407 1,482 1,512 1,569 1,640 1,682 1,705 Total 13,818 14,570 15,560 16,587 17,182 18,478 19,258 19,759 20,820 21,727 23,938 25,302 26,708 Agricul- tural Land 8 7 7 6 6 6 6 7 7 6 6 6 6 mgr\txdlrtb,doc ALLOWABLE DEBT MARGIN WITH LIBRARY/COMMUNITY EVENTS CENTER OF $22.5 MILLION EXPANSION IN 2002 Total Allowable Debt Debt as % of Property Margin (5% of Outstanding Debt Allowable Valuation Total Property Val.) at July 1 Debt Margin FY04 $2,613,019,390 $130,650,969 84,521,000 65% FY03 2,569,340,599 128,467,030 81,234,000 63% FY02 2,518,961,372 125,948,069 53,870,000 43% FY01 2,484,672,886 124,233,644 52,940,000 42% FYO0 2,423,361,832 121,168,092 46,165,000 38% FY99 2,371,395,259 118,569,763 41,675,000 35% FY98 2,185,166,884 109,258,344 31,390,000 29% FY97 2,146,528,095 107,326,405 29,430,000 27% FY96 1,866,504,330 93,325,216 26,580,000 29% FY95 1,785,207,307 89,260,365 20,895,000 23% FY94 1,602,123,581 80,106,179 15,930,000 20% FY93 1,553,886,323 77,694,316 14,550,000 19% FY92 1,413,801,924 70,690,096 14,985,000 22% Est. Est. Est. Est. As adopted Debt Total Levy Service Levy As % of Total FY04 16.350 4.512 28% FY03 15.908 4.137 26% FY02 14.858 3.119 21% FY01 14.274 2.690 19% FYO0 13.851 2.300 17% FY99 13.133 1.868 14% FY98 12.796 1.615 13% FY97 12.653 1.200 9.5% FY96 12.992 1.709 13% FY95 12.954 1.661 13% FY94 12.889 1.496 12% FY93 12.826 1.541 12% mgr%.lib.wp5 ALLOWABLE DEBT MARGIN WITHOUT LIBRARY/COMMUNITY EVENTS CENTER OF $22.5 MILLION EXPANSION IN 2002 Total Allowable Debt Debt as % of Property Margin (5% of Outstanding Debt Allowable Valuation Total Property Val.) at July I Debt Margin FY04 $2,613,019,390 $130,650,969 62,321,000 48% FY03 2,569,340,599 128,467,030 58,734,000 46% FY02 2,518,961,372 125,948,069 53,870,000 43% FY01 2,484,672,886 124,233,644 52,940,000 42% FYO0 . 2,423,361,832 121,168,092 46,165,000 38% FY99 2,371,395,259 118,569,763 41,675,000 35% FY98 2,185,166,884 109,258,344 31,390,000 29% FY97 2,146,528,095 107,326,405 29,430,000 27% FY96 1,866,504,330 93,325,216 26,580,000 29% FY95 1,785,207,307 89,260,365 20,895,000 23% FY94 1,602,123,581 80,106,179 15,930,000 20% FY93 1,553,886,323 77,694,316 14,550,000 19% FY92 1,413,801,924 70,690,096 14,985,000 22% Est. Est. Est. Est. As adopted Debt Total Levy Service Levy As % of Total FY04 15.383 3.545 23% FY03 14.924 3.153 21% FY02 14.858 3.119 21% FY01 14.274 2.690 19% FYO0 13.851 2.300 17% FY99 13.133 1.868 14% FY98 12.796 1.615 13% FY97 12.653 1.200 9.5% FY96 12.992 1.709 13% FY95 12.954 1.661 13% FY94 12.889 1,496 12% FY93 12.826 1.541 12% mgr%Nolib.wp5 X 0 A 000 OC~O o o o o o o LOI~-CD O~ o~ O0 0~ oo o~ 0 ~ 0 ~0 > .-- ~o Q>~ ~o '~× o o 0 ~0 0_ o [:L ~ n (.,)-~ r,_) n 0 0