HomeMy WebLinkAbout1999-09-28 Info PacketIP1
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CITY COUNCIL INFORMATION PACKET
September 17, 1999
MISCELLANEOUS ITEMS
Meeting Schedule and Tentative Work Session Agendas
Letter from Mayor to Robert Simpson, Johnson County Task Force on Aging: City
Council designees for meeting
Letter from Mayor to Terry Vargason, Iowa City Motorsports: Thank you
Memorandum from Dee Vanderhoef, City Council: Iowa League of Cities Legislative
Committee
Memorandum from City Manager to Parks and Recreation Director
Memorandum from City Attorney to City Manager: Council Campaign - Political
Activity of Employees
Memorandum from City Attorney: Partial Litigation Update: Hopping vs. City of
Iowa City
Memorandum from City Clerk:
Memorandum from City Clerk:
Memorandum from City Clerk:
Architectural Presentation for Library Expansion
Refresher Laserfiche Training
Laserfiche UserNews
Memorandum from Police Chief to City Manager: Officer Initiated Traffic Stops
Iowa City Police Department Use of Force Report - August 1999
Agendas: September 16 and 17 - Johnson County Board of Supervisors
~ ~lq: of
City Council Meeting Schedule and
Tentative Work Session Agendas
0~199 ~
September 15, 199L
i September 27
6:30p
SPECIAL COUNCIL WORK SESSION
Monday
Council Chambers
I September 28
7:00p
SPECIAL FORMAL COUNCIL MEETING
Tuesday
Council Chambers
I September 30
4:00p
SPECIAL COUNCIL WORK SESSION
Joint Meeting - Cities of Coralville and North Liberty,
School District, Board of Supervisors
Thursday I
Scan/on Gymnasium
I October 11
6:30p
SPECIAL COUNCIL WORK SESSION
Monday I
Council Chambers
I October 12
7:00p
SPECIAL FORMAL COUNCIL MEETING
Tuesday I
Council Chambers
I October 18
6:30p
COUNCIL WORK SESSION
Monday
Council Chambers
October 19
7:00p
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
I November 8
6:30p
Hickory Hill West
Commercial Use of Sidewalks
Y2K Update
Communication Towers
Iowa Avenue Streetscape
Monday
SPECIAL COUNCIL WORK SESSION Council Chambers
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Council Goals
Newspaper Vending Machines
Transit Interchange
Liquor Licenses
09-17-99
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September 15, 1999
CITY OF I0 WA CITY
Robert E. Simpson, Chairman
Johnson County Task Force on Aging
Kirkwood Community College
PO Box 2068
6301 Kirkwood Blvd. SW
Cedar Rapids, IA 52406
Dear Bob:
This will acknowledge receipt of the request by the Johnson County Task Force of the Heritage
Agency on Aging concerning your meeting planned for September 27. The City Council
discussed this issue at their work session on Monday, September 13, and have decided that
Council Members Champion and Norton will represent the City Council's interest at the meeting
of September 27. These two Council Member have participated in the ongoing discussions with
representatives of the Johnson County Board of Supervisors as it relates to the existing Senior
Center 28E Agreement. We believe they should continue to represent the City Council's
interest, including this meeting. They can then incorporate any suggestions and ideas derived
from the September 27 meeting into their discussions with the Board of Supervisors as it relates
to the 28E Agreement governing the Iowa City Senior Center.
Ernest W. Lehman
Mayor
cc: Linda Kopping
Terri Miller
City Council
indexbc',ltrs~-3EL.doc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 3:56-5000 · FAX (319) 356-5009
09-17-99
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September 15, 1999
CITY OF I0 WA CITY
Terry Vargason
Iowa City Motorsports
1800 Stevens Dr.
Iowa City, IA 52240
Dear Terry:
On behalf of the Iowa City City Council, the citizens of Iowa City, and the Iowa City Fire
Department, thank you for your generous loan of a new Kawasaki jet ski watercraft. We were
made aware of your generous offer by our Fire Chief Andy Rocca and I wanted to thank you for
your interest in the safety of all Iowa Citians.
The opportunity to provide this improved level of public service is appreciated.
Ernie Lehman
Mayor
Indexbc~ltrs~2-1 EL.doc
CC:
City Council
Andy Rocca
410 EAST WASHINGTON STREET · IOWA CITY. IOWA 32240-1826 · (319) 336-5000 · FAX (319) 356-5009
DATE:
TO:
FROM:
City of Iowa City
MEMORANDUM
September 17, 1999
Mayor and City Council
Dee Vanderhoef, Iowa League of Cities Legislative Committee
09-17-99
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The background materials attached will bring you up to speed on the land use issue.
issue will be one of two (the other being electric deregulation) for the upcoming
legislative session.
This
Land Use
Background: An omnibus land use bill was introduced during the 1999 legislative session
mandating comprehensive planning and provision of services to annexed territory. SF 293 allowed an
objection process for any party that disagreed with the comprehensive plan. The League opposed the
legislation because we viewed the requirements for planning and approval of planning as too onerous
on local government. We also objected to the punitive approach the bill took towards cities,
particularly provisions that would require a rebate of property taxes to property owners if cities failed
to meet some of the requirements of the bill. It has been the League position that land use legislation
should include all entities that play a role in the development rather than adopting policies that simply
restrict city growth. For instance, the proliferation of rural subdivisions should be considered in any
discussion of sprawl as well as the absence of county zoning in some areas and the role of rural water.
If Iowa is to develop state policy guiding land use, these are issues that should be given the same
attention as city annexation practices have received.
Restrictions to city condemnation authority were adopted in the form of HF 476. The law provides
for more stringent notification requirements for all condemnations, as well as a statement of rights to
which property owners are entitled. Conderffnation of agricultural land for private development
purposes are prohibited. Private development includes residential, recreational projects paid for
primarily with private funds and commercial/industrial, except as allowed under chapter 260E
industrial projects. Commercial/industrial projects that are allowed under chapter 260E must be
approved by the local compensation commission.
Recommendation: Before land use policy can be established, the state needs to conduct a !and use
inventory to determine the direction in policy that is appropriate for Iowa. If comprehensive planning
is an appropriate goal, then local government should be encouraged to take this direction rather than
penalized for not being proactive. Pilot planning projects should be established around the state to
develop planning models that can eventually be emulated statewide. The pilots should be established
in varying geographical areas and population densities to ensure models that resemble the diversity of
Iowa's communities. Governor Vilsack's office is the place to start in initiating such an effort.
Potential Pitfalls: By initiating legislation, we run the risk of attempts to modify the legislation with
the aim of restricting city annexation authority.
Allies: Chambers of Commerce, Homebuilders, Developers, Iowa Department of Transportation, and
Councils of Government.
Summary and Concerns with Land Use Commission Final Report
Increase in composition of City Development Board by two members to increase
participation by smaller counties. 1 representing a county between 25,000 and 50,000
population and 1 representing a county under 25,000. The League opposes this change
because of the disproportionate representation it gives to rural areas. The majority of
growth is occurring a few areas of the state, with dense urban population. Placing
annexation decisions in the hands of a 2/3 rural board with predominate county interests
will not allow for urban concerns to be fairly considered. Cities prac6ce annexation,
therefore city representation shouM at least be equal to county representation on the board.
Finally, if the concern is over involuntary annexations, the current CDB has rejected half of
involuntary annexation proposals in the last 10 years, demonstrating the fair consideration
already shown by the board.
Strategic development plan components would require local government to demonstrate all
land areas within its jurisdiction that are currently served by adequate infrastructure and
outline goals to construct sufficient infrastructures in areas lacking.
Joint strategic plan - Provides for city-county planning for areas outside the 2 mile limit.
Counties with zoning are eligible for participation in the joint strategic plan. Currently, 28
counties in Iowa do not have zoning. The joint plan consists of the following elements: map
of territory, population density, topography, corn suitability rating, natural or historic areas,
existing public services and arrangements for shared roads. A joint plan may also require
that infrastructure in the extra-urban area be "city ready", meaning up to city standards. The
joint plan may include urban ~owth areas, urban service areas and planned growth in
county. A city may exempt itself from a joint plan if it deems it unnecessary but will be
required to adhere to the plan developed by the county and other cities in the area. The city
development board approves the plan.
State economic development incentives (REAP, CEBA) will be targeted to developers
consistent with strategic plan. Would also require cities to show preference in the use of TIF
to those who comply with strategic plan. The League does not support this provision
because it is not flexible enough. Cities cannot plan for ~very developer who wants to
initiate a project within the 'community. Although the recommendation allows for the CDB
to waive this requirement, it still requires local government to go through the hoops of
seeking an exemption, adding bureauocracy to action that may be too slow to compete with
other states for development. In addiron, TIF is a responsibility that cities take on, and it
should be solely within their jurisdiction to determine if the project has sufficient merit to
receive TIF incentives.
Annexation provisions: Requires all annexation to be approved by city development board.
Requires cities to provide services to annexed territory in three years. The League opposes this
provision for several reasons. Those in the annexed territory may not desire city services. For
instance, they may already be paying special assessments for infrastructure already in place
prior to the annexation, and do not want to absorb the additional cost of city services that are
unnecessary. In addition, different types of land requres a different timeline for provision of
services. An area that has insufficient infrastructure in place, requiring the city not only to
remove existing infrastructure but replace it with new is more time consuming than an area that
has no infrastructure in place. In addition, this provision is extremely inefficient and will end up
costing taxpayers more if cities are only developing incrementally to meet the arbitrary 3 year
deadline as opposed to long-term planning. Long-term development of sufficient infrastructure
ensures that cities are placing adequate infrastructure to cope with eventual demand rather than
completing it piece-meal to serve only those currently in the area.
Involuntary annexation: the current committee appointed by the CDB would be abolished.
Them are two provisions that would require the board to automatically reject an annexation
proposal. The first is if the local government fails to provide services within three years.
Again, the Leage objects to this component for the reasons listed above. Secondly, the board
will reject the petition if it determines that the city is annexing solely to increase revenues.
The League opposes this provision because those in the unincorporated area are already the
recipients of city services such as parks, pools and libraries, without having to pay for them.
Frankly, there are those who live outside the corporate limits because they have the
amenities of city life without having to pay for them. Annexing rural subdivisions should be
made at the discretion of the city even if it is primarily for revenue reasons because those
residents are using city services.
The CDB may reconsider approval of an annexation based on the petition of a property
owner within the annexed territory. If the CDB reverses its decision, it may require the local
government to rebate property taxes. The rebate of taxes is great incentive for any citizen to
petition the board. There should have at least be a percentage of citizens required to bring
suit before triggering reconsideration. Allowing just one citizen to petition is an insufficient
threshhold to begin such proceedings. Allowing a rebate of property taxes makes the faulty
assumption that utility services are paid for by property taxes. In fact, utility services are
funded by enterprise funds, so if the citizen is not receiving those services that are not paying
for them anyway. Immediately upon annexation, the citizen receives services funded by
property taxes including police, fire and emergency. medical services.
]ost of us agree sprawl is a
problem in Iowa, just as it is in
many parts of the country. But
[efforts to restrict city growth will
not stop sprawl. These are two separate
issues. H. Bernard Waugh, chief legal
counsel for the New Hampshire
Municipal Association, raises some
interesting points worth considering as
Iowa's city, county and state leaders
grapple to resolve the issues
surrounding this controversial issue
with long-term consequences.
Point 1: Whenever the political
discussion turns to land
development that isn't liked, the
area gets labeled "urban sprawl.'
Sprawl is neither urban nor rural; it is
something in-between. It is
development not peopled enough to
feel urban, but too fractured to be
considered rural.
Point 2: There is a difference
between growth and sprawl, Growth
is an increase in population or
amount of commerce. Sprawl is the
amount of land space consumed per
person or amount of commerce.
Sprawl is the inflation in the amount of
land area consumed per unit of human
activity and in the degree of dispersal
between such land areas. Growth
cannot be defined as sprawl f it uses
less land per person than the average
existing development. Growth can
actually decrease Sprawl.
An area can be defined as sprawl ff it
causes a ration increase in:
· the cost of transporting students to
schools·
· road mileage per person.
· local road maintenance.
· total miles driven
· cost per family for police and fire
protection due to greater dispersal
of population.
· number of roads to patrol.
Myth #2: The sole
purpose of streets is
transportation and traffic.
Streets should be designed
for automobiles.
Wrong: That may hold
true for interstate highways,
but in cities a street's main
function is a setting or
forum around which the
entire residential or business
· the cost of infrastructure.
Point 3: Sprawl is a consequence of ·
our culture's romance with
automobiles.
We love our automobiles. They have
become equated with freedom,
independence and status rather than
viewed as a means of transportation.
Our choice to depend upon the
automobile as our primary means of
transportation increases the amount of
land space devoted to cars in the form
of roads and parking lotS, which
perpetuates congestion and more
demand for space for automobiles. The
automobile has increased the per
person or per unit consumption of land
in areas which otherwise would be open
space for agriculture, recreation and
wildlife habitat.
life is framed.
Myth #3: "Raw land" is
interchangeable·
Wrong: All undeveloped land is not
equal. Site a facility based on the
relationship within the total land use
system.
Myth #4: Roads must meet traffic
projections.
Wrong: If you make a commitment to
meet a projection, you're committing
yourself to a goal that says present
trends should continue! If the present
trend is more sprawl, think again.
Myth #5: Not recognizing that road
upgrades cause traffic.
Wrong: Road upgrades attract
development, causing more traffic.
"Murphy's Law of Sprawl" is that
traffic eventually expands to fill
available road space. If you truly want
Besides comsuming land, sprawl: a local village or neighborhood road,
· diminishes and fragments wildlife bui d it to the minimum level for
habitat. ¢o~lJ b~ u~u~ting that local need·
· o f / ~
· increases water pollut~on.F~,~i ~ ~,,e. ~ ~M~h ~6: Wide and straight roads
· increases commuting t~e for eve~ are better roads·
activity.
· uses more of the world's fuel
supplies and increases air pollution.
Point 4: Planning that reduces the
harmful effects of sprawl and meets
the challenges of growth can
provide for future generations.
Regulations that needlessly spread folks
farther from where they daily need to
go should be eliminated. Lowering the
need for cars should be one of the
prime goals of zoning·
H. Bernard Waugh offers the
following myths that should be nipped
in the bud during land development
planning.
Myth #1: Land use comes first, and
then transportation is planned to
"serve" those predetermined land uses.
Wrong: Transportation creates land
value and determines land use.
Wrong: The straighter the road, the
more folks take more trips, drive faster,
and take more risks. For purely local
residential roads and streets, where the
rights of chatting pedestrians and
playing kids are paramount, wide and
straight is clearly worse.
Myth #7: Greater mobility equals a
better life.
Wrong: Freedom to be mobile is a
good thing, but mobility doesn't truly
entail freedom unless people also have
the freedom not to be mobile if they so
desire.
And finally...
Sprawl-prevention is not a substitute
for addressing environmentally
sensitive areas like wetlands,
shorelands, or prime agricultural soils.
Sprawl may be an environmental issue,
but it's not the only one.
16 ClTYSCAPE July 1999
preservation, economic development,
and recreation.
A comprehensive plan should not
only anticipate future community
growth, but also redevelopment within
existing corporate limits to ensure
efficient use of land. Infill development
should be a key component of any
comprehensive planning process.
Incentives need to be considered to
encourage rcvitalization efforts.
Although some liability considerations
have been alleviated in regard to
brownfield redevelopment, the bottom
line remains that greenfield
development is still cheaper for
developers.
A pragmatic approach to developing
significant land-use policy as outlined
above may reduce the rhetoric that has
resulted in no constructive policy in the
last few years.
Wavefly and Bremer County adopt
land use plan
The implementation of effective land-
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· Land Use ·
Bremer County have formally adopted
a joint comprehensive plan. Bremer
County has a zoning ordinance so
Waverly does not have two-mile
authority outside corporate limits. At
the city's initiation, the two local
governments adopted a fringe area
agreement.
The Waverly-Bremer County
planning agreement prioritizes areas
for development. Those areas receiving
a "one" rating are most conducive to
development and potential annexation.
These areas will be held to city-ready
utility standards, which means the
existence of sewer and water systems
(rather than septic tanks) can
accommodate growth. This addresses
one of the major problems of
unplanned development: insufficient
infrastructure. When the city is
obligated to replace substandard
equipment, this comes at taxpayer cost.
In total, the city and county have
designated three tiers for potential
development which should alleviate
random development.
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One of the potential benefits of such
planning is that it does not take
property owners by surprise. Following
a logical, well thought out process for
determining ideal areas for growth
should reduce protest. Citizens will
know in advance whether their
residences are in an optimal growth
area.
This type of cooperation is necessary
if effective land-use policies are going
to be put into practice. ·
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CIIYSCAPE September 1999 7
· FRO/A THE DIRECTOR OF GOVERNAIENTAL AFFAIRS ·
Recommendations for land-use policy
Tracy Kasson
land-use
legislation, it is
often accom-
panied by a
feeling of dread
that cities will be
subjected to
restrictions of annexation authority.
Terms such as "urban sprawl" are
bandied around the Statehouse and city
officials find themselves in the
unenviable position of defending
against accusations as instigators of
sprawl. From here, the debate takes a
turn for the worse as emotions take
over, turning what should be a rational
discussion of land use issues into a holy
war between individual property rights
at all costs and government's authority
to control development. Honing in on
flash point issues deflects attention
away from the area that should be
receiving it--prevention measures
aimed at averting these battles before
they occur.
How do we prevent actions that
culminate in drawing a line in the sand,
leaving all players unhappy? To start, a
holistic view toward land use policy
must be adopted at the state level.
Land use is much more than annexa-
tion or sprawl. It is the development of
a philosophy followed by implemen-
tation of policy that recognizes Iowa's
natural resources and the need to
protect them, as well as an appreciation
for and encouragement of growth in
Iowa's communities. Iowa's future
viability depends on the prosperity of
agriculture. It also depends upon our
ability to diversify the economic base to
include other types of industry. Busi-
ness comes to vibrant communities that
welcome the investment and job cre-
ation, rather than trying to prevent it by
drawing boundaries around our cities.
To achieve a balanced approach, the
first step is to gather information and
debunk perception. It seems premature
to consider landmark land use legis-
lation without first determining the
status of the land. How many acres of
farmland have been converted to a
different use? Of these conversions,
how much contains the most prime,
fertile farm land? What has the land
been converted to? Iowa State Univer-
sity Extension began the process of
addressing these questions by conduc-
ting a land use inventory of a handful
of counties in the state. All 99 counties
need to go through this process to
ensure a policy approach that is stra-
tegic and appropriate for Iowa. A
conclusion drawn by the researchers
was that 86 percent of land taken out
of production for residential develop-
ment occurred outside city limits. So
much for the theory that cities are the
primary instigators of sprawl. Not only
does the data allow policy makers to
operate from assumptions based on
evidence rather than perception, it
provides an opportunity to target a
policy that encourages growth in areas
not as well-suited to farming. It also
protects land from development when
farming is the optimum use.
After gathering information, provide
communities with sufficient tools to
develop a comprehensive plan based
upon optimum use of the land and
Legislative considerations
1. Adopt a holistic view toward land-use
policy.
2. Recognize Iowa's natural resources and
the need to protect them, and encour-
age growth in Iowa's communities.
3. Base policy on evidence, not
perception.
4. Provide cities sufficient tools to
develop comprehensive plans.
5. Do planning regionally or countywide.
'6. Make infill a key component, with
incentitives that make brownfields as
attractive as greenfields to developers.
7. Appropriate funds for pilot planning
projects to develop models for cities
and counties with variable
resources and populations. ·
planned consideration for the
community's future. The League will
bring forth an initiative that encourages
this approach by asking the legislature
to enact pilot planning projects and
appropriating funds to ensure their
occurrence. Particularly for smaller
communities, there is insufficient staff
to tackle such a monumental task. If
models were established, communities
could emulate them, culminating in
controlled growth of Iowa's
communities.
Planning must take place on a
regional or countywide basis to be
meaningful. Orderly city growth has no
benefit if it is accompanied by random
development in the unincorporated
area. Cities and counties must partner
in the planning process to guarantee
consideration of citizen input. Joint
comprehensive planni.ng entails more
than just a land use plan. It includes
transportation needs, historic
Continuing the tradition of excellence
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/CAP
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www. icaniowa.com
6 [IIYSCIPti September 1999
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 14, 1999
Director of Parks and Recreation
City Manager
Mercer Park/Skateboard Facility
At their work session of Monday September 13 the issue of the temporary skateboard park at
Mercer Park was discussed. The Council had a variety of opinions and apparently have followed
closely the correspondence, media commentary and other information received from citizens in
the area. The City Council will be expecting a formal recommendation from the Commission as
to whether a permanent facility should be located at Mercer Park. I informed them that the
Commission was in the process of continuing to gather information as well as listening to public
comments. The question of supervision, additional lighting, etc., also arose and I assume will be
addressed by the Commission when they recommend as to whether there should be a
permanent facility at Mercer or elsewhere.
cc: City Council
Im\mem\sa9-14.doc
Date:
To:
From:
Re:
City of Iowa City
MEMORANDUM
September 8, 1999
Steve Arkins City Manager y~~J~
Eleanor M. E~ilkes, City Attorne
Council Campaign - Political Activity of Employees
At your staff meeting last week you raised the issues of what political activity employees of the
City can engage in while at work and whether City buildings are available for campaigning.
Enclosed you will find a copy of former City Attorney Linda Woito's memo to the Council dated
September 29, 1995 and the memo prepared by former First Assistant City Attorney Anne
Burnside which served as the basis for Linda's opinion. The analysis, as set forth in Anne's
memo, is still generally applicable and I urge anyone needing guidance in this area to read it.
Very briefly, however, with respect to the two specific issues you raised at staff:
The general rule is that City employees retain the right to express political views and the City
may not prohibit all its employees from wearing political buttons. There are some narrow
exceptions which can be identified as discussed on Page 3 of Anne's memo (e.g. police
officers and firefighters in uniform when they are serving the public). A question asking
whether the City may prohibit a particular employee from wearing a political button must be
examined in the context of the duties and responsibilities of that particular employee, and
the City's interests in the effective and efficient provision of service, and avoiding the
appearance of governmental endorsement of the message on the button. Any such question
should be addressed to this office.
As to whether a candidate can pass out campaign material at a public site, the issue is
whether the proposed site is a "public forum." Generally, a public forum is public space
which is commonly available to the general public. The public areas of most City-owned
facilities are likely public fora. Offices are not public fora. Again, a question regarding any
specific place should be directed to this office for evaluation.
Also enclosed for your information is a copy of Section 12 of the City's Personnel Policies
entitled "Political Activity." Note that subsection (b)(4) provides: "An employee who becomes a
candidate for any elected public office shall, upon request of the employee and commencing any
time within 30 days prior to a primary, special or general election, automatically be given a leave
of absence without pay. An employee who is a candidate for any elective office shall not
campaign while on duty as an employee."
Let me know if you have any further questions.
E nclosu res
cc: Marian Karr. City Clerk
Dale Helling, Assistant City Manager
Department Directors
eleanor/menVcarnpai2 .doc
City of iowa City
MEMORANDUM
Date: September 29, 1995
To:
From:
Re:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney ~
Answers to questions concerning up-coming political campaigns for City office; guidelines
presented.
As you can see from the attached memorandum prepared by First Assistant City Attorney Anne
Burnside, this Office has received a number of questions during the past few weeks which require
answering by way of legal opinion. For purposes of these questions, I hereby adopt Anne
Burnside's memorandum as the legal opinion of this Office, and point out the following guidelines:
1. City employees are clearly permitted to wear campaign buttons at work under the First
Amendment to the U.S. Constitution. Although there Was some confusing material issued by the
Iowa Campaign Finance Disclosure Commission in 1992, it is my opinion that the Brochure cannot
withstand constitutional scrutiny as it relates to City employees wearing campaign buttons at work.
2. Employees who work for non-profit agencies which receive City funding, such as United Action
for Youth, can also wear campaign buttons at work. This question was raised by one of the
candidates, and again is answered in the affirmative by the First Amendment.
3. Candidates for City Council may pass out campaign material, including campaign buttons and
brochures, at City-owned sites, so long as the area is generally open to the public or where the
facilities constitute a "public forum" under First Amendment law. As noted in Anne Burnside's
memorandum, this would include the Airport in general (excluding offices and privately-leased
premises); areas of the Senior Center where the public may congregate; the Lobby of the Civic
Center, (but not private offices); the community-focused areas of the Robert Lee Recreation Center;
and of course, all City Parks.
4. There is no limitation on the amount of money which a candidate may donate to their own
campaign.
Some of these questions have already been answered on an informal basis, but I wanted to present
this information formally so that everyone is clear on the "guidelines" under the appropriate laws.
Nonetheless, there may be unusual circumstances which may arise, which should be
handled on a case-by-case basis -- so please call Anne or me if you have questions, 356-
5030.
cc: City Clerk
City Manager
Assistant City Manager
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Attachment
City of Iowa City
MEMORANDUM
Date:
September 24, 1995
To: Linda Woito, City Attorney
From: Anne Burnside, First Assistant City Attorney
Re: Campaign Questions
You asked me to research and answer the following questions which have arisen with the
current City Council campaign season.
Are City employees permitted to wear campaign buttons at work? Can
employees of non-profit employers wear campaign buttons at work?
Can a candidate pass out campaign material at a public site such as the Senior
Center or the Airport?
Is there a limit to the amount of money which a candidate can donate to the
candidate's own campaign?
I will answer each in turn. I will not detail all of the research underlying each answer, but will
summarize the research.
Campaign buttons. At the outset I should point out that there is some conflicting
information on this topic. In 1992, the Iowa Campaign Finance Disclosure Commission
published a brochure titled "Prohibitions for Use of Public Funds for Political Purposes",
presum.ably under the authority of Chapter 56, Code of Iowa. Paragraph 8 of the
brochure states:
Employees of a political subdivision may not engage in campaign
activities of any sort during working hours or while on the premises of
the political subdivision, including wearing political buttons, distributing
literature, preparing promotional materials, etc.
This appears to clearly answer the first question with a "No". However, I think this
brochure must be taken with a grain of salt, since the brochure is not only contrary to
state law including administrative rules, but also contrary to the First Amendment
rights of public employees.
For example, Section 19A. 18, the Code states Discrimination, political activity, use
of official influence prohibited. "...No person holding a position in the classified service
shall, during the person's working hours or when performing the person's duties or
when using state equipment or at any time on state property, take part in any way in
soliciting~.any contribution for any political party or any person seeking political office,
2
nor shall such employee engage in any political activity that will impair the employee's
efficiency during working hours or cause the employee to be tardy or absent from
work .... The commission shall adopt any rules necessary for further restricting political
activities of persons holding positions in the classified service, but only to the extent
necessary to comply with federal standards. Employees retain the right to vote as
they please and to express their opinions on all subjects."
Section 56.12A,the Code states "Use of public moneys for political purposes. The
state and the governing body of a county, city, or other political subdivision of the
state shall not expend or permit the expenditure of public moneys for political
purposes, including supporting or opposing a ballot issue. This section shall not be
construed to limit the freedom of speech of officials or employees of the state or of
officials or employees of a governing body of a county, city, or other political
subdivision of the state."
Section 351-12.3(68B), Iowa Administrative Code states in part: "Code of ethics for
state executive branch officials and employees and statewide candidates. (3) Officials,
employees and candidates are prohibited from displaying campaign promotional
materials on state government property. "Campaign promotional materials" do not
include political buttons or other political paraphernalia if they are worn on the person.
(4) Officials, employees and candidates may display bumper stickers and campaign
signs on personal vehicles which are parked in state public or employee parking lots
of facilities in which the persons are either employed or are visiting to conduct
business.
I believe these various state law regulations arise out of clearly established free speech
principles and are controlling on Iowa City - as opposed to the misguided brochure.
This is because language on political buttons is "pure speech". Tinker v. Des Moines
Community School District, 393 UoS. 503,505-506, 89 S. Ct. 733,735-736 (1969).
"As such it is entitled to the highest degree of protection available under the
circumstances." Kelly v. United States Postal Service, 492 F. Supp. 121, 127 (1980).
Applied to the context of public employees' exercise of free speech rights while at the
work site, the U.S. Supreme Court has stated the test is "to arrive at a balance
between the interest of the employee, as a citizen, in commenting upon matters of
public concern and the interest of the government, as an employer, in promoting the
efficiency of the public services it performs through its employees." Pickerin.q v. Bd.
of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 1734 (1968).
As a general rule, the government must show the following before restricting "pure
speech":
1. a clear and present danger is presented by the pure speech
the individual's interest in expressing himself is outweighed by the danger from
allowing the pure speech, and
3. the government has used the narrowest restriction on pure expression
consistent with the furtherance of the governmental interest involved.
3
"The question in every case is whether the words used are used in such circumstances
and are of such a nature as to create a clear and present danger that they will bring
about the substantive evils Congress has a right to prevent. It is a question of
proximity and degree." Schenck v. United States, 249 U.S, 47, 52, 39 S. Ct. 247,
249 (1919). (Shouting "fire" in a public theatre is not protected speech.)
Applied to the first question presented, I think it is clear that the City may not flatly
prohibit its employees from wearing political buttons. The general rule must be that
City employees retain the right to express political views. I think there are some
narrow exceptions which may be identified, however. For example, in the case of City
elections, there is some legitimate governmental interest, as an employer, to regulate
the speech of its employees. Thus, I think it is reasonable to ask City administrators
who are directly appointed by Council to refrain from expressing political preference
at the work site. Similarly, I think there is a legitimate interest in expecting police
officers and fire fighters to refrain from engaging in this type of political speech while
in uniform and serving the public. The "legitimate interest" arises from the fact that
the employee, in uniform, is likely to be viewed by the public as espousing a
departmental or employer view. Just as certainly, those same police and fire fighters
and City administrators are free and must remain free to express any political view
when away from the job site and not on duty.
You also asked whether the employees of non-profit organizations who receive City
funding may wear campaign buttons. This question came from a candidate who works
for an agency that receives City funds. I know of no reason such employees would
be held to a higher standard than public employees. The First Amendment is not
limited in applicability to public employers. The only restriction which might apply is
whether an organization's tax-exempt status would be jeopardized by employee's
wearing political buttons. This is a question far removed from my area of expertise,
but I would hazard a guess that the I.R.S. would not be permitted to infringe on the
free speech rights of individual employees. You have not asked whether the
organization itself is expressing political views. Non-profit status for I.R.S. purposes
requires organizations to refrain from certain political speech, but it would be a long
step from that requirement to the point of preventing individual employees from
wearing political buttons.
Political literature and buttons on public property. My earlier discussion about
campaign-button speech being "pure speech," entitled to the highest protection,
pertains to this qu, estion as well. In addition, this question involves spaces which may
be considered "public forums" or "fora." These, too, are entitled to the highest level
of protection for speech which does not present a clear and present danger. This very
old and well-established law is reflected in Section 351-12.3(2) Iowa Administrative
Code which states that "candidates may not use facilities, equipment or materials paid
for by public funds for any political purpose. However, the prohibition does not bar the
use of public facilities, equipment or materials where such use is commonly available
to the general public or where the facilities constitute a public forum" [emphasis
added].
Applied to your question, the central focus should be to determine whether any given
site is a public forum or the degree of restriction which the City may place on its use.
Without e. ngaging in a lengthy discussion of the different types of fora, See e.g.,
4
International Society for Krishna Consciousness, Inc. v. Lee, 112 S.Ct. 2711 (1992)
for a discussion of the manner in which public property may and may not be deemed
"public forum." I suggest that the public areas of most City-owned facilities may well
be public fora. Offices are not public fora. The specific areas you mentioned-the
Senior Center and the Airport-- are probably public fora in their meeting rooms, their
open grounds and spaces, but not in their government offices. If a candidate for public
office is permitted to speak in the space to potential voters, I recommend that the
candidate be allowed to distribute campaign materials as well.
Candidate's donations to campaign. Limitations on the giving and spending of money
in political campaigns "operate in an area of the most fundamental First Amendment
activities." Buckler v. Valeo, 424 U.S. 1, 14, 96 S.Ct. 612,632 (1976). Restrictions
on campaign contributions and expenditures implicate both the rights of political
expression and association protected by the First Amendment. Id. Hence, all
restrictions on campaign financing must be tested at the level of strict scrutiny to
determine whether the regulation serves a compelling governmental interest and is
narrowly tailored. Buckley 424 U.S.at 44-45. Nonetheless, the Court has held that
regulations to prevent corruption or the appearance of corruption in elections are
compelling governmental interests, and can be the foundation for campaign finance
limitations.
Turning to Iowa's campaign finance statute, Chapter 56, the Code reveals the
Legislature has set out a scheme to regulate donations to campaigns and campaign
expenditures. The section which seems most pertinent to your question is Section
56.2(8): "Contribution" means:
a. A gift, loan, advance, deposit, rebate, refund, or transfer of money or a gift
in kind.
b. The payment, by any person other than a candidate or political committee,
of compensation for the personal services of another person which are rendered
to a candidate or political committee for any such purpose. [emphasis added]
Section 1 °9-2, City Code limits individual contributions to one candidate per election
to $ 50 -o although the Council has not yet put into place any enforcement mechanism.
However, ! can find no case law on the issue of restricting a candidate's donations to
their own campaign. The rationale underlying Buckler does not apply, since the
candidate can hardly be "buying" his or her own vote. I also point out that the
rationale does not even seek to create a level playing field on which all candidates have
equivalent access to resources. Rather, the intent is to prevent corruption and to
create an open record whereby citizens may see who actually paid money to a
candidate. Limiting the amount of money a candidate can donate to his or her own
campaign would not seem to advance either of these goals.
Absent a compelling and narrowly tailored reason to limit the candidate's donations to
the candidate's own campaign, I would not interpret City Code to contain such a
limitation.
legal~anne\cBmlxI
16
Use of Information
e.
Employees must not use privileged information for their own financial
advantage or disclose information which would provide friends and/or
family members with financial advantages. Each employee is charged with
the responsibility of ensuring that he or she releases only information that
may be made available to the general public.
Use of Public Property
No City employee shall request, use or permit the use of any publicly-
owned property, vehicle, equipment, labor, service or supplies (new,
surplus, scrap or obsolete) for the personal convenience or advantage of the
employee or any other person except for that use which is generally
available to the public.
SECTION 12 POLITICAL ACTIVITY
City of Iowa City employees are free to exercise all rights of citizenship. However,
in order to obey federal and state laws and to ensure that the City will operate
effectively and fairly, some guidelines are necessary:
a. Acceptable Activities
(1)
An employee is free to express honest opinions and convictions or
make statements and comments concerning wages or other condi-
tions of employment.
(2)
An employee is free to actively participate politically in both
partisan and non-partisan activities on off-duty time so long as the
following restrictions are adhered to (see below).
(3)
An employee whose position is not federally funded is permitted to
be a candidate for a partisan or non-partisan office, while a federally
funded employee may be a candidate for a non-partisan position
only.
(4)
An employee has the right to vote as he/she chooses and to express
his/her opinions on political subjects and candidates.
b. Restrictions
(1)
An employee shall not, while performing official duties or while
using City equipment at the employee's disposal by reason of his/her
position, solicit in any manner contributions for any political party
or candidate or engage in any political activity.
Personnel Policies 3/97
17
(2)
(3)
(4)
An employee shall not, by the authority of higher position, secure or
attempt to secure in any manner for any other person an appoint-
ment or advantage in appointment to a position or an increase in
pay or other employment advantage for the purpose of influencing
the vote or political action of that person.
An employee who in any manner supervises employees shall not
directly or indirectly solicit the persons supervised to contribute
money, anything of value, or service to a candidate seeking election,
or a political party or a candidate's political committee.
An employee who becomes a candidate for any elected public office
shall, upon request of the employee and commencing any time
within 30 days prior to a primary, special or general election,
automatically be given a leave of absence without pay. An employee
who is a candidate for any elective office shall not campaign while
on duty as an employee.
Personnel Policies 3/97
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 13, 1999
City Council
Eleanor M. Dilkes, City Attorney
Partial Litigation Update: Hopping vs. City of Iowa City
You will recall that this case involved a slip and fall on ice in front of the Bushnell's Turtle
building in February 1994. The District Court found that the City was not liable for the
accumulation of ice on the sidewalk which resulted from water dripping from the parapet of the
Bushnell's Turtle restaurant and freezing. The case was appealed to the Iowa Supreme Court.
Enclosed you will find a copy of the Supreme Court's decision issued on September 9, 1999. As
you can see, the Supreme Court has affirmed the decision of the District Court finding that the
City was not liable.
Marlita Greve of the Brooke & O'Brien law firm in Davenport was retained by our insurance
company and did an excellent job handling this case.
Please call me if you have any questions.
eleano6mem\cc9-10 .doc
cc: Steve Arkins
Dale He]ling
Narian Kar~
Kevin 0'Nalley
Iowa Judicial Branch: Supreme Court Opinion Page 1 of 6
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Supreme Court Opinion
IN THE SUPREME COURT OF IOWA
No. 147 / 97-2199
Filed September 9, 1999
JUDY ANN HOPPING and STEPHEN D. HOPPING,
Appellees,
VS.
COLLEGE BLOCK PARTNERS, BUSHNELL'S TURTLE~ INC.,
Appellants,
and
CITY OF IOWA CITY, .
Appellee.
Appeal from the Iowa District Court for 3ohnson County, William R. Eads,
Judge.
Business occupant of building and building owners appeal from adverse
judgment in bench trial of slip-and-fall claim. Plaintiffs cross-appeal on
issue of damages and also appeal from judgment denying their claim
against the city. AFFIRMED ON APPEAL; AFFIRMED IN PART AND
REVERSED IN PART ON CROSS-APPEAL.
Julie L. Pulkrabek and Andrew B. Chappell of Phelan, Tucker, Mullen,
Walker, Tucker & Gelman, L.L.P., iowa City, for appellants.
Richard H. Zimmerman and James H. Arenson of Zimmerman & Miller
Law Offices, iowa City, for appellees Judy Ann Hopping and Stephen D.
Hopping.
Narlita A. Greve of Brooke & O'Brien, P.L.C., Davenport, for appellee City
of iowa City.
Considered by Carter, P.J., and Lavorato, Neuman, Ternus, and Harris,*
33.
l~ffn'//,xnx~x, i,cllr';~l qt~tP ~ -q/ctPc'~nn~/q,nr~mP/nnin~nn~,/19990909/97-2199.~n 9~9/99
Iowa Judicial Branch: Supreme Court Opinion Page 2 of 6
*Senior judge assigned by order pursuant to Iowa Code section
602.9206 (1999).
CARTER, Justice.
Bushnell's Turtle, Inc. (Bushnell), an Iowa City restaurant business, and
College Block Partners (College Block), the owner of the building in which
the restaurant is located, appeal from an adverse judgment in a bench
trial of a slip-and-fall claim by plaintiffs, Judy Hopping and her husband,
Stephen Hopping. Plaintiffs cross-appeal from the court's judgment
denying their claim against the city of Iowa City. In addition, plaintiff
Judy Hopping appeals from the denial of her claim for time lost from
working. After reviewing the record and considering the arguments
presented, we (1) affirm the judgment for all damages awarded plaintiffs
against Bushnell and College Block, (2) reverse that portion of the
judgment that denied Judy's claim for time lost from working, and (3)
affirm the judgment in favor of the City of Iowa City.
The fall on which this action is rounded occurred on February 13, 1994.
Judy and Stephen were returning to the Holiday Inn in downtown
Iowa City from the Old Capitol Mall. Their route led them through a
pedestrian plaza with businesses located along brick sidewalks on both
sides. While Judy was walking directly in front of the business premises
of Bushnell and College Block, she slipped and fell on an accumulation of
ice on the brick surface and sustained a serious knee injury. The
evidence at trial revealed that the patch of ice on which Judy fell was
caused by melting snow dripping from a parapet on the abutting property
owned by College Block and used by Bushnell. Because this occurred on
a Sunday, the Bushnell restaurant was closed. Edwin Zastrow, who is
part owner of both the building and the restaurant business, testified
that he was aware that the runoff and refreezing on the sidewalk below
occurred six to eight times each winter.
Judy and Stephen had traversed the identical route in the opposite
direction earlier that afternoon and detected no ice at that time. They
testified that the first time they passed the location where Judy fell was
not more than one and one-half hours, and perhaps only forty-five
minutes, before their return to the same location.
The district court found Bushnell and College Block to be liable to
plaintiffs based on their creation of an unreasonably dangerous condition
in which snow that had accumulated on the parapet of their building
would, with regular frequency, thaw and the runoff would drip down and
refreeze on the sidewalk below. The court awarded damages to Stephen
on his Ioss-of-consortium claim and to Judy for medical expenses, past
and future pain and suffering, and loss of enjoyment of life. It denied her
claim for lost wages.
No recovery was allowed against the City of Iowa City. The court
concluded that the city's only duty with respect to snow or ice removal
was in relation to natural accumulations thereof. The court further
concluded that, even if the city had a duty to remove the icy condition, it
did not have sufficient notice or time within which that could have
Iowa Judicial Branch: Supreme Court Opinion Page 3 of 6
reasonably been accomplished. Other facts that are pertinent to the
appeal will be stated in our discussion of the legal issues presented.
I. Whether the Liability of Bushnell and
College Block was Correctly Determined.
The first issue for consideration is the challenge by Bushnell and College
Block to the court's conclusion that they breached a duty to plaintiffs
that caused them harm. In contending that this did not occur, appellants
argue that the evidence failed to show that they had notice of the icy
condition or a reasonable period of time within which to remove it.[~]
Because the liability of College Block and Bushnell was imposed for
keeping in place the conditions that produced the ice rather than for not
removing it, we must reject those arguments.
In support of their arguments, Bushnell and College Block rely on several
slip-and-fall cases establishing that a city's duty to remove naturai
accumulations of snow and ice must be based on actual or constructive
notice of the dangerous condition and a reasonable period of time within
which to remove it. They also rely on Frantz v. Knights of Columbus, 205
N.W.2d 705, 712 (Iowa :1.973), involving the duty of a possessor of land
to protect its patrons against the hazards of natural accumulations of ice
and snow. This argument suffers from the fact that, as pointed out in the
Frantz opinion, the requirements of notice and an opportunity to remove
the hazard which limit liability in situations involving natural
accumulations of ice and snow do not extend to situations in which the
defendant has control over the condition that caused the ice to form. See
Frantz, 205 N.W.2d at 712. In such cases, notice of the danger is
presumed. Richardson v. The Commodore, Inc., __ N.W.2d
(Iowa 1999); Ling v. Hosts Inc., 164 N.W.2d 123, 126 (Iowa
Bartels v. Cair-Dem, Inc., 255 Iowa 834, 840-41, 124 N.W.2d 514, 518
(:t963).
In the present case, the district court expressly found "[d] efendants
College Block Partners and BushneWs Turtle had a ... responsibility
because it was the parapet on their building that caused the condition."
The court further found, based on Zastrow's testimony, that College
Block and Bushnell were aware of the danger posed by the building
runoff.
The absence of any gutters to safely channel the building runoff was
attributable to building restrictions imposed by a restoration project
conducted pursuant to both city and federal regulation. However, as the
district court noted, once Bushnell and College Block elected to own
property subject to those antigutter restrictions, it was incumbent upon
them to devise other means by which the runoff could be safely
channeled away from the sidewalk below. The district court found that
they had made no effort to do that.
As a final argument against the court's finding of
liability, Bushnell and College Block seek to be
relieved of any duty to the plaintiffs that might
otherwise exist by reason of a covenant by the
City of Iowa City to remove accumulations of ice
Iowa Judicial Branch: Supreme Court Opinion Page 4 of 6
and snow in the pedestrian plaza area. We reject
this argument because, as we discuss more fully
in connection with our consideration of plaintiffs'
appeal against the city, the trial court properly
found that the obligation the city assumed only
extended to (1) the removal of natural
accumulations of snow and ice, and (2) frozen
building runoff that was present and observable
during the time that the city was removing
natural accumulations. The district court did not
err in imposing liability on College Block and
Bushnell. 11. Plaintiffs' Appeal Against the
City.
The plaintiffs urge on their cross-appeal that the City of Iowa City should
also be found liable for their injuries. The district court found that the
city did not assume any obligation to remove ice formed by building
runoff unless the city's employees were present for purposes of removing
natural accumulations of snow and the icy spots attributable to the
runoff were readily observable. Based on the evidence produced, we find
that this is the most realistic interpretation of the city's voluntary
assumption of snow and ice removal in the pedestrian plaza area. The
city's policy in this regard is not the subject of any ordinance nor was it
shown that any official action was taken with respect thereto by the
city's governing body. Cf. Smith v. Des M oines Civil Sen/. Comm'n, 561
N.W.2d 75, 79 (Iowa 1997) (governmental policies that are to be
generally applied in lieu of particularized decisions in individual cases
should be approved by the city council).
The only formal statement of the city's assumption of snow and ice
removal responsibility in the pedestrian plaza area is found in a
memorandum from the acting director of the Parks and Recreation
Department. Although that memorandum does not expressly declare that
the city is only undertaking to remove natural accumulations of snow
and ice, it implicitly suggests that action on the city's part was to be
triggered by the demands of general climatological conditions. It is
unrealistic to interpret the city's undertaking as extending to the removal
of isolated building runoff on occasions when its employees were not
present for purposes of dealing with fresh wintertime precipitation.
111. Whether Judy Hopping Was Entitled to
Recover for Time Lost From Working.
Also raised on cross-appeal is 3udy's contention that the district court
erred in denying her claim for time lost from working as a result of her
injury. The evidence indicated that as a result of that injury she did miss
work for at least six weeks and perhaps longer.
The district court denied 3udy's claim for time lost from work on the
ground that she was fully compensated during her absence from work as
a result of her employer's sick leave policy. The court found that the
need to exhaust sick leave had not produced any pecuniary loss.
We conclude that the district court erred in characterizing 3udy's claim as
Iowa Judicial Branch: Supreme Court Opinion Page 5 of 6
an attempt to recover for pecuniary loss from using up sick leave. It was
simply a claim for time lost from work, which, under our past decisions,
is compensable. We have characterized this element of damage as
recovery for loss of time and have held that it is competent for the trier
of fact to include in the damages assessed the reasonable value of a
plaintiff's loss of time in that person's occupation. Alitz v. Minneapolis &
St. Louis R.R., 196 Iowa 437, 443, 193 N.W. 423, 425 (1923). When the
occupation is as a wage earner, the value of the lost time is properly
measured by the claimant's regular earnings. kliller v. McCoy Truck
Lines, 243 Iowa 483, 491, 52 N.W.2d 62, 66-67 (1952); Smith v. Pine,
234 Iowa 256, 260, 12 N.W.2d 236, 239 (1943).
We have recognized that the collateral source doctrine precludes
damages for time lost from work from being reduced as a result of sick
leave or disability insurance protections against loss of earnings that are
not subject to a right of subrogation in the payor. Collins v. King, 545
N.W.2d 310, 311-12 (Iowa 1996). We reverse that portion of the
judgment denying 3udy's claim for time lost from work. This necessitates
a remand to the district court for additional findings of fact on the
existing record concerning the length and reasonable value of 3udy's
absence from work as a result of the February 13, 1994 injury.
We have considered all issues presented and for the reasons we have
stated we affirm the judgment of the district court with respect to those
items of damage it awarded plaintiffs against Bushnell and College Block.
We also affirm the judgment in favor of the City of Iowa City. We reverse
that portion of the judgment that denied 3udy's claim against Bushnell
and College Block for time lost from work. We remand the case to the
district court on the latter issue for further proceedings in accordance
with this opinion. Costs on appeal are taxed eighty percent to appellants,
twenty percent to the Hoppings, and none to the city.
AFF'rRM ED ON APPEAL; AFFIRMED IN PART AND REVERSED 'rN
PART ON CROSS-APPEAL.
NOTES:
[1]These cases are Anderson v. City of Fort Dodge, 213 N.W.2d 527, 528
(Iowa 1973), and Hovden v. City of Decorah, 155 N.W.2d 534, 536 (Iowa
1968). Both were decided prior to the 1984 amendment to Iowa Code
§ 364.12(2)(b) that relieved the city of liability for icy conditions on the
city sidewalks and placed it solely on the abutting property owner.
return to index of opinions
h**,~'//unx~xr h,ctlniM et~t~, ;~ ,e/ct~c,i~ic~ne/~nnr~rn~/nnininnq/1 OOCI~OCiC}/OT_')I 0t2} n~:n O/q/Oq
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 17, 1999
Mayor and City Council
Madan K. Karr, City Clerk
Architectural Presentation for Library Expansion
Two possible meeting dates are being suggested for the presentation by Endberg
Anderson of Milwaukee to the Library Board and the City Council. After the
presentation time will be available for questions and answers. Council will make a
timely decision soon thereafter.
POSSIBLE MEETING DATES AND TIMES
Monday, November 8, 4:30-6:30 (Prior to your work session)
Monday, November 15, anytime after 5:00
Please come prepared to select one of these dates at our work session of September 27.
City of Iowa City
MEMORANDUM
09-17-99 ~
IP9
DATE:
TO:
FROM:
RE:
September 17, 1999
Mayor and City Council
Marian K. Karr, City Clerk
Refresher Laserfiche Training
Please mark your calendars for 3:00 p.m. on October 1 for Laser~che Training. Jay
Gamett, ARS Micrographics, will be here to show retrieval techniques. Our goal is to
have your packets ready and have you out of here by 5:00. Thanks for your cooperation.
DATE:
TO:
FROM:
RE:
City of Iowa City
MEMORANDUM
September 17, 1999
Mayor and City Council
Madan K. Karr, City Clerk
Laserfiche UserNews
IP10
The City of Iowa City was spotlighted in the recent September 10.m newsletter. I've
attached it for your information.
Welcome to LaserFichee UserNews, Vol. I, No. 8. Its purpose is to provide you with news, commentaries and practical
tips that help you get the most from your LaserFiche system. We also want this spaca to serve as a forum for LaserFiche-
related issues that are of interest to you. In other words, when we ask you to forward comments and suggestions to user-
feedback@laserfiche.com, we mean it and promise to respond either directly or in the next issue. Have a good month!
LASERFICHE USERNEWS
WHAT'S NEW
*Martinsville, VA, joins the ranks of LF WebLink's "cities without secrets"
*Collier County, FL, Clerk of Courts vows to put everything on(the)line
*Y2K prompts major chemical company to convert to LaserFiche
*Iowa City moves to "electronic council packets" with LF Plus
*Greenacres, FL, scans large documents to recapture room to work
*Recent additions to the LF family include storied Ketchikan, AK
*If your boss needs information on LaserFiche right away...
*See LaserFiche at 23 upcoming shows.
PRODUCTFOCUS
*LaserFiche COLD and COLD Plus
DID YOU KNOW?
*You can pull files into LaserFiche from many directories at once
*New 32-bit OCR engine is much faster on Windows NT
WHAT'S NEW
*LATE LAST MONTH, MARTINSVILLE, VA, became the latest local government in the U.S. to provide its citizens with
instant access to public records via LaserFiche WebLink. Martinsville follows Bakersfield, CA, and the Collier County, FL,
Clerk Of Courts in this regard. There are more than 50 other organizations in various stages of heading up the same road.
The Martinsville repository contains City Council minutes, resolutions and ordinances dating back to 1988, a total of more
than 30,000 pages of information that can be searched in seconds by typing in a word or phrase.
Martinsville Assistant City Manager Dewey P. Cashwell, Jr., has been the driving force behind the City's commitment to
using the Intemet to enhance citizen services. "No matter what size you are in the real world, everyone is the same on the
Intemet," he says. "The goal with our website is to provide a big city level of public communication and service at costs
that make sense for a city such as Martinsville, with a population of 16,000."
*THE WEBLINK COMPONENT OF THE WEBSITE of the Collier County, FL, Clerk of Courts now contains more than
80,000 pages of public records. Clerk of Courts Dwight E. Brock said recently that he plans eventually to use WebLink
and the Internet to make virtually every record under his control available to the public.
"As a former prosecutor, I believe that government functions best when it operates in the public eye," he said. "At the
same time, as a CPA, I want to keep costs down. Thanks to technological advances, we can now do both."
Currently, Brock's site provides access to reports on the actions of the Collier County Board of County Commissioners
since 1991. The next major step is to add public records from the court itself. "Eventually, people will have access to
everything shod of the trial strategies for the criminal and civil cases that we are handling at that time," he says.
*Y2K ISSUES IN THE ACCOUNTING DEPARTMENT presented Baton Rouge, LA-based Rubicund Chemical with a
choice. It could retrofit an existing, proprietary records archiving system to safeguard it for Y2K. Or it could convert to a
Y2K-proof system.
When the company learned that it could convert to a LaserFiche system for the cost to upgrade the existing system, the
choice became easy. "They quickly saw that they'd be way ahead of the game if they converted," says Franklin Poole of
Baton Rouge-based VAR Cherbonnier, Mayer & Associates. The new system will include a 10~user LaserFiche NT Group
Pack, a 25ouser Retrieval Pack and LaserFiche COLD. The installation will entail the electronic transfer of 600,000
images, covering two years of accounts receivable and accounts payable records from the old system into LaserFiche. It is
expected that the system will handle up to 10,000 pages of records per week when fully operational
*EVERY FRIDAY, THE SEVEN MEMBERS of the City Council in Iowa City, IA, receive a LaserFiche CD containing that
week's information packet. It often amounts to several hundred pages of information. Members then peruse the packets
on laptops equipped with LaserFiche Notebook. They are also able to cross reference current issues with any Council
record back to the beginning of 1997. The LF database available on their laptops includes more than 50,000 pages of
indexed information. At bi-weekly Council meetings, the members work strictly with their laptops. The ages old image of
City Councilors shuffling through a mountain of paper is a thing of the past.
LaserFiche Value Added Reseller Jay Garnet of West Plains, MO-based ARS Micrographics, created the system to enable
the City Clerk and City Manager's office to eliminate the huge job of compiling and copying individual packets for each
member. "Everything fell into place when we decided to include a 7-drive CD burner, which completes the whole job in a
half-hour," he says.
Iowa City staff and Council members now routinely refer to their CDs as "Electronic Council Packets." "It has reduced our
fi[__~ing and indexing needs dramatically," says Assistant City Clerk Sue Walsh. "But the big thing is that it enables Council
embers to search through the files very quickly at any time."
*THE ENGINEERING & BUILDING DEPARTMENT IN GREENACRES, FL, City Hall literally needed to do something with
all those maps and drawings in order to keep working. "It was getting so you couldn't move in there," recalls Marina
Quintero, the city's imaging project manager. Greenacres was already well versed in the benefits of document imaging,
having built up a huge database of files from many departments since installing LaserFiche in September 1997. Trouble
was, there was no budget left to purchase a scanner capable of handling large format documents.
The solution? Ms. Quintero outsourced the project to Lakeland, FL-based R&S Integrated Products and Services, Inc.,
which not only had installed their LaserFiche system but also operates a busy scanning bureau. In the months since,
R&S has scanned more than 7,000 drawings ranging up to E-sized, using their high-end large format scanner.
When it finishes scanning a batch of drawings, R&S burns the new files to CDs that are then added to the LaserFiche
database back at City Hall utilizing LaserFiche's Portable Volumes feature. "The scanned documents look better than the
originals," says Ms. Quintero. "Just as important, we've been able to move all that paper off site and free up considerable
space previously occupied by blueprint cabinets"
*AMONG THE STEADY STREAM OF PUBLIC and private organizations joining the LaserFiche family recently is the City
of Ketchikan, AK, one of the most revered cruise ship and fishing destinations in the world. Ketchikan greets 5,000 new
faces coming off cruise ships every week from May through September. It's known as the "Salmon Capital of the World,"
and also as "Alaska's First City," because it's the first Alaskan port of call for northbound ships. Ketchikan has a storied
history as an Indian outpost and frontier town dating back to the early 1800s. Scheduled for installation later this month,
Ketchikan's LaserFiche system will store and index all files of the City Clerk, finance department and law office. Some of it
will surely make for interesting retrieval when the cruise ships are gone and the days grow shorter and colder later this
year.
*WANT TO SHARE INFORMATION ABOUT LASERFICHE with colleagues? You can now download printable PDF
versions of all LaserFiche brochures from the "Products" section of our website at www.laserfiche.com. Use high-quality
paper and a color printer and you can produce sharp-looking handouts that make a great impression.
*HERE FOLLOWS A LISTING OF THE 23 TRADE SHOWS that we will be attending between now and the end of
October. Please make a point to stop by if you are in the area. Note too that LaserFiche President and CEO Nien-Ling
Wacker will be a featured speaker at the Association of Records Managers and Administrators (ARMA International)
conference on October 18 in Cincinnati, and the American Association of School Personnel Administrators annual meeting
on October 21 in Phoenix.
Se
Se
Se
Se
Se
Se
Se
Se
9t.13-14,
3t.13-14,
3t.17-18,
3t.22-23,
3t.22-23,
Missouri Municipal League, Kansas City, MO
IN Assoc. of Cities, South Bend, IN
IL Municipal League, Chicago, IL
Dept. of General Services (DGS), Monroeville, PA
OR City Recorders Conf., Beaverton, OR
3t.26-28, ICMA (Int. City/County Management Assn), Portland, OR
~t.28-30, County Recorders' Assoc. of CA, Redding, CA
3t.30, CT City/Town Clerks Conf, Westbrook, CT
Oct.3-4, League of KS Municipalities, Overland Park, KS
Oct.5, CT Conference of Municipalities, Cromwell, CT
Oct. 6, MI Municipal League, Grand Rapids, MI
Oct.7-8, KY League of Cities, Paducah, KY
Oct. 10-12 , League of CA Cities, San Jose, CA
Oct. 13-14 , NV Assoc. of Counties. Las Vegas, NV
Oct. '13-15, NH City & Town Clerks Assoc., Bartlett, NH
Oct. 17-19, ASBO International (Assn of Sch Bus Officials Int.), Orlando, FL
Oct. 17-19, ARMA (The Assn of Records Mgers & Admins), Cincinnati, OH
Oct. 18, VA Municipal League, Williamsburg, Virginia
Oct.19-20 , League of WI Municipalities, Milwaukee, WI
Oct. 19-20 , CLEARS (CA Law Enf Assn of Rec Supers), Ventura, CA
Oct. 21-22, AASPA (Am Assn of School Personnel Admins), Phoenix, AZ
Oct.24-25 , NC League of Municipalities, Greensboro, NC
Oct. 26, Municipal Clerks of IL, Springfield, IL
PRODUCT FOCUS: LaserFiche COLD and COLD Plus
*Many of you archive computer-generated reports such as out-going invoices, water bills, accounting records and the like
on paper and microfiche. If you do, you know that both options are unwieldy, expensive and a drudgery to search through
and use.
For a better way to deal with these burgeoning reports, take a look at LaserFiche COLD (Computer Output to Laser Disc).
It can pull the reports automatically from your mainframe into an LF COLD server that indexes and stores them for instant
access at any time. LF COLD retains a template image of your form that allows you to view and print the reports exactly
as they would appear on paper. Because it only stores data, LF COLD requires very little storage space to archive an
enormous number of records.
Adding to LaserFiche COLD's versatility, we recently introduced LaserFiche COLD Plus to enable you to download reports
to a CD that can be viewed and searched on any Windows PC with a CD-ROM drive. Each LaserFiche COLD Plus CD
includes its own self-contained mini-database with a free viewer and can store up to 250,000 pages of information.
LaserFiche COLD Plus is ideal for distributing selected files to other departments and outsiders such as regulatory
agencies. Moreover, if your service bureau has LaserFiche COLD Plus, you can use them to outsource some or all of
your report archiving needs.
To learn more about LaserFiche COLD, LaserFiche COLD Plus and other new products, be sure to contact your local
LaserFiche Value Added Reseller.
DID YOU KNOW?
*You can import files from many different directories into LaserFiche in one step. Having this mass import utility makes it
easy for systems administrators to maintain control over what is added to the LaserFiche database. In action, users would
be instructed to place files in the import queue. The administrator would then be able to review and distribute files into
LaserFiche quickly and conveniently.
This feature will also enable you to batch different kinds of files very quickly. For example, you could pull together digitized
files of E-sized drawings, images produced by several different kinds of scanners and, even, digitized photos. If these files
are available on your network, they can be lined up in the import queue and brought into LaserFiche en masse.
*LaserFiche 4.3 supports a new 32-bit OCR engine that is more accurate, more robust and generally faster. It has been
shown to operate twice as fast as the prior engine in the Windows NT environment. It's an especially valuable
enhancement for enterprise-wide solutions.
Send your comments and tips for LaserFiche UserNews to: user-feedback@laserfiche.com. If you know of others who
should receive LaserFiche UserNews, let us know at user-subscribe@laserfiche.com. If you have received LaserFiche
UserNews in error or wish to unsubscribe, please do so at user-unsubscribe@laserfiche.com.
LASERFICHE: DOCUMENT IMAGING FOR THE REAL WORLD.
-- Copyright --
All information posted in this electronic letter is proprietary and is only for registered LaserFiche end users. This
information cannot be released to the public without written permission. Compulink is not responsible for technical
inaccuracies or typographical errors.
(c) 1999 Compulink Management Center, Inc. LaserFiche and Compulink are registered trademarks, and LaserFiche
Software Assurance Plan and LSAP are service marks of Compulink Management Center, Inc. All Rights reserved. All
other marks are properties of their respective companies. 20000 Mariner Avenue, Torrance, CA 90503
LaserFiche UserNews
September 10, 1999
TO:
MEMORANDUM
Steve Atkins, City Manager
FROM:
RE:
R. J. Winkelhake, Chief of Police ~
OFFICER INITIATED TRAFFIC STOPS
DATE:
September 14, 1999
The department began recording the race/ethnic background of individuals who
are stopped for traffic violations by officers of the Iowa City Police Department
beginning July 1, 1999. The method the Department has chosen to gather this
information is by way of the personal observation of the officer. We believe this
method is the least intrusive method to gather the data. At this point, I believe
the data being gathered is faidy reliable, but it must be validated through further
analysis. One issue which was identified was the entry in the group referred to
as O = Unknown. There was some confusion in between the officers and the
Emergency Communications personnel in early stages of data collection, but the
issue has been resolved to minimize such "unknown" entries..
At the present time information gathered which indicates the following seven
items of data:
The incident number
The officer
The gender of the driver
The race of the driver
The time of day
The date
The location
The results of the first sixty days (July 1, 1999 - August 31, 1999) are:
MALES FEMALES TOTAL
WHITE 1,093 657 1,750
BLACK 125 68 193
HISPANIC 34 12 46
ASIAN 54 26 80
OTHER 23 10 33
UNKNOWN 6 6 12
UNKNOWN RACE/GENDER 69
2,183
The objective of gathering this data is to learn more about the traffic stops being
made in Iowa City and to provide an opportunity for the officers of the
department to have a better view of this one area of the officers law enforcement
work. To determine what concerns, if any, were present; what training and
supervision may be necessary; correct any identified problems and lastly, to
ensure that all members of the motoring public are treated fairly by the Iowa City
Police Department.
When we look to draw conclusions from this very limited data, it is important to
have data analyzed and validated, as well as gathered over an extended period
of time. In my discussions with Mr. Robert Stewart, the Executive Director of
NOBLE (National Organization of Black Law Enforcement Executives) he
suggests one full year of data. Anything less would be of questionable value.
Mr. Stewart has been helpful in this undertaking and has made himself available
to us for future consultation.
I intend to contact an outside organization to become involved in the gathering,
validation and review of the data. An independent professional review will help
in developing conclusions for the Police Department.
A comprehensive review could include an in-depth review of the location data,
arrest data, search data, reason for stops, etc. The data gathered to date is just
the beginning step. The data gathered August 1, 1999 is believed to be more
reliable than the data gathered in the first few weeks of the project.
Additionally, as you know traffic enforcement has become a high priority
neighborhood issue. Therefore, in order to fulfill that current interest, meet the
requests for additional enforcement in selected neighborhoods, we can expect
more and more attention to be called to this issue. I believe we have taken good
first steps.
Copies of this report are available to the public upon request.
DEPARTMENT MEMORANDUM 99-28
TO:
All Sworn Personnel
FROM:
RE:
R. J. Winkelhake, Chief of Police
TRAFFIC STOPS
DATE:
June 21,1999
Attached is a memo I sent to Steve Atkins reference a change in department policy.
Effective July 1, 1999 officers will be required to inform the Emergency Communications
Center of the race of the driver of the motor vehicle stopped by members of the
department.
The data will be recorded by the Emergency Communications Operator in the CAD call
entry screen. The fields to be utilized for this purpose will be Fields 39 and 40. These
two fields are called "Other Agency" but will be used for recording the gender and race
of the drivers involved in traffic stops. The Emergency Communications Operators will
record that data when the officer provides the information. The officer will provide the
data when the officer advises the Emergency Communications Operators of the
disposition of the stop (Example: Traffic warning - 16). If the officer does not provide
the data, the Emergency Communications Operator will ask for the data.
The location utilized for the data -- is to allow retrieval of the data. The codes to be
used are as follows:
14 - Male White
15 - Male Black
16 - Male Hispanic
17 - Male Asian
18 - Male Other
19 - Male Unknown
0 - Unknown
24 - Female White
25 - Female Black
26 - Female Hispanic
27 - Female Asian
28 - Female Other
29 - Female Unknown
Note: 0 can be used in either race or sex field
OFFICER
26,59
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
AUGUST, 1999
DATE
08-02
CASE # INCIDENT
99-906828 Domestic Assault
FORCE USED
Officers grasped wrists of subject when
told she was under arrest and she
initially resisted.
08-03 99-906863 Mental Subject
Juvenile with psychological problems
who was hurting herself cuffed (at
request of parents) to prevent self-
injury and taken to Univ. Hospital.
55,9
08-05
99-906909
Disorderly Subject
Subject resisted being cuffed after
being placed under arrest. Officers had
to grasp subject's arm and place it
behind subject's back for cuffing.
19
08-05
99-906926 Injured Opossum
Injured opossum shot by officer who
used a .22 rifle.
38
08-08 99-907019 Sick Raccoon
Sick raccoon shot by officer who used
a .22 rifle.
40
08-11
99-907067 Traffic stop/Suspicious
Person
Suspicious person fled on foot after
officers tried to stop him for a traffic
violation. Once caught and directed to
ground he resisted cuffmg so his arms
had to be forcibly placed behind his
back for cuffing.
4O
08-13
99-907144
Drug Investigation
Subject fled from officers during a
drug investigation. Subject was caught
and placed on grotmd where he
continued to resist. Subject's arms were
forcibly placed behind his back for
cuffing.
43
08-13
99-907146
Intoxicated Subject
Subject placed under arrest for
intoxication resisted being cuffed.
Officers had to maintain grasp on
subject and forcibly place his arms
behind his back for cuffing.
2O
08-14 99-907189 Stabbing
Officers were told a stabbing suspect
had entered a particular apartment.
When there was no response at the
door and after supervisor approval, the
door was forced open. Officer had his
sidearm drawn during search of
apartment. No one was in the
OFFICER
2,11
33
33
55
26,11
DATE
08-20
08-22
08-22
08-24
o8-26
08-28
CASE #
99-907393
99-907460
99-907473
99-907515
99-907585
99-907693
INCIDENT
Disorderly Subject
Vehicle Pursuit
Mental Subject/Other
Agency Assist
Suicidal Subject
Intoxicated Subject
Sexual Assault
FORCE USED
apartment.
Subject was involved in an altercation
on the pedestrian mall and was being
disorderly. Officers tried to calm
subject but he continued yelling and
snuggling. Officers then grasped
subject and he continued to resist. OC
was eventually used on subject with no
effect. Subject was taken to the
ground. Subject was eventually gotten
under control and forcibly cuffed.
Officer attempted to stop a vehicle
whose occupant was involved with
vandalism to a home. Driver would not
stop. Officer pursued with lights and
siren and supervisor monitoring
(3:01am). Vehicle lost control and
occupant was apprehended. Vehicle
was stolen.
Psych patient was threatening DPS
officers with a shard of glass. Officer
was called to assist. Subject's arms
were grasped and subject was taken to
floor where he could be cuffed. Subject
then had to be held down until hospital
staff strapped him to a gurney.
Subject threatening suicide had locked
self in a room with several knives. She
would not open door. Officer forced
door open. Door struck subject as it
opened. Subject was then taken into
custody without further incident.
Subject was being disorderly on the
pedestrian mall after being ejected
from a bar. Subject would not remain
with officer after being detained.
Officer then grasped subject who then
began resisting and flailing his arms.
Subject was taken to the ground and
forcibly cuffed.
Officers attempted to detain subject
possibly involved in a sexual assault.
Subject fled on foot. After being
caught, subject was taken to the ground
and had to be forcibly cuffed.
OFFICER
41
4O
DATE
08-29
08-31
CASE #
99-907736
99-907830
INCIDENT
Disorderly Subject
Warrant Service
FORCE USED
officer observed several people
involved in a fight. Several fled on
officer's arrival but one person was
detained who appeared injured. Subject
had apparently been hit over head with
a bottle and was bleeding. Officer
grasped subject's shirt and detained
him until he refused medical treatment.
Officers were serving an arrest warrant
at a residence where the subject
involved was known to go armed.
Upon searching residence a subject was
noticed hiding under a pile of clothing.
Officer drew his sidearm until it was
determined this person was not armed.
A second subject then struggled with
officer. The second subject had to be
grasped and his arms forcibly placed
behind his back for cuffing.
CC: Chief
City Manager
Captains
Lieutenants
Library
City Clerk
Hurd
Johnson Count)'
]IOWA s,~
Jonathan Jordahl, Chair
Charles D. Duff'y
Michael E. Lehman
Sally Slutsman
Carol Thompson
-> +3193565009 IOM~ CITY CLERR
Page 881
BOARD OF SUPERVISORS
Agenda
Montgomery Hall
Johnson County Fairground
3149 Old Highway 2185
Iowa City, Iowa 52240
September 16, 1999
Work Session
,
7:00 a.m. - 7:30 a.m. Breakfast is served
7:30 a.m. - 9:00 a.m. Panel discussion: The Future of Agriculture in the
Economic Growth of Iowa.
Speakers: Patty Judge - Secretary of Agriculture
Tracy Kasson - Iowa League of Cities
Ed Wiederstein, President, Iowa Farm Bureau Federation
Topic: Land Use Issues in Agriculture and the Economic Growth of the State
Chamber Large Conference Room
325 East Washington Street
Iowa City, Iowa 52240
9:30 a.m. - 10:15 a.m. - Discussion with county supervisors, city officials
and their respective staffs re: successes and issues in rural development
policies and fringe area agreements.
4. Adjournment
913 SOUTH DUBUQUE STREET, SUITE 201 , IOWA CITY, IOWA 52240-4207 , PHONE: (319) 356-6000 , FAX: (319) 354-4213
08:52:01 319-354-4213 -> +3193565809 I~Ufi CITY CLERR Page 881
Jolmson County
IOWA a~
Jonathan Jordahl, Chair
Charles D. Duffy
Michael E. Lehman
Sally Stutsman
Carol Thompson
BOARD OF SUPERVISORS
CORRECTION
Agenda
Board Room - 2nd Floor
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 17, 1999
FORMAL MEETING
1. Call to order 9:00 a.m.
2. Canvass of votes for School Election.
3. Adjournment
913 SOUTH DUBUQUE STREET, SUITE 201 , IOWA CITY, IOWA 52240-4207 , PHONE: (319) 356-6000 , FAX: (319) 354-4213
CITY COUNCIL INFORMATION PACKET
September 24, 1999
IP1
SEPTEMBER 27 WORK SESSION ITEMS
Memorandum from JCCOG Executive Director: Agreement between the City of
Coralville and the City of Iowa City Providing for Future Annexations and
Extraterritorial Review of Subdivision Plats
IP2
Agenda: Joint Meeting
SEPTEMBER 30 ITEMS
IP3
IP4
IP5
IP6
IP7
IP8
IP9
IP10
IPll
IP12
IP13
IP14
IP15
IP16
MISCELLANEOUS ITEMS
Memorandum from Mayor: Employment Agreements for City Attorney and City Clerk
Memorandum from City Manager: August Parking Usage
Memorandum from City Manager: Urban Renewal Parcel 64-1A- Library
Project/Private Developer Interest
Memorandum from City Manager: Iowa City Community Theater
Memorandum from City Attorney: Absence
Memorandum from City Clerk: August 23 Council Work Session
Memorandum from Traffic Engineering Planner Ripley to Friendship Street Residents:
Potential Traffic Calming on Friendship Street
Memorandum from Airport Manager to City Manager: Council/Airport Commission
Subcommittee - North Commercial Area
Memorandum from Ed Moreno to Chuck Schmadeke: Mayflower Sewer Discharge to
the Iowa River
Memorandum from Denny Gannon: WooIf Avenue Bridge
Notice: The Iowa Award
Agendas: September 21, 22 and 23 JC Board of Supervisors
Release: Halloween Parade and Carnival
Iowa City Public Library Strategic Plan - Start Date July 1, 2000 (FY2001)
[Council packets only]
Letter from Mercantile Bank regarding downtown improvement project.
Mary and Bruce Gantz regarding water quality.
Agenda for 9/28/99 meeting of the Board of Supervisors.
September 24, 1999
Info Packet
page 2
Year end summary of the Johnson County Juvenile Crime Prevention Grant.(Info distributed at
9/30 joint meeting)
Date:
To:
From:
Re:
September 22, 1999
Coralville City Council
Iowa City City Council
Jeff Davidson, Executive Director ?/f
Agreement between the City of Coralville and the City of Iowa City providing for future
annexations and extraterritorial review of subdivision plats
At the January 26, 1999 meeting of the Iowa City City Council, they approved a 28E agreement
between Coralville and Iowa City providing for future annexations and extraterritorial review of
subdivision plats in the overlapping 2-mile area north of Iowa City and east of Coralville. At that
meeting a clause was removed from the agreement stipulating the preservation of Oakdale
Boulevard by the City of Iowa City between County Road W-66 (Dubuque Street) and Prairie du
Chien Road. Removal of this clause was not acceptable to the City of Coralville, and at their
City Council meeting on April 13, 1999, approval of the agreement was deferred indefinitely.
We have now resolved the issue of preservation of the Oakdale Boulevard corridor. A separate
agreement has been entered into by the City of Coralville, the City of Iowa City, and Johnson
County preserving the Oakdale Boulevard corridor between County Road W-66 and Praide du
Chien Road. I have subsequently reinserted the clause stipulating preservation of the Oakdale
Boulevard corridor into the annexation/extraterritorial review agreement between Coralville and
Iowa City. At the September 28, 1999 meeting of the Iowa City City Council, consideration will
be given to approval of the proposed agreement and repealing the agreement which was
approved in January. The Coralville City Council will consider the agreement on October 12,
1999.
I appreciate all of your cooperation during the 1¼ years we have been attempting to get this
matter resolved. Please let me know if there are any questions or comments.
cc: Coralville Staff Persons
Iowa City Staff Persons
Johnson County Staff Persons
ppdadnVmenVannex.doc
3.
4.
5.
6.
JOINT MEETING
CITY COUNCILS OF
IOWA CITY, NORTH LIBERTY AND CORALVILLE
JOHNSON COUNTY BOARD OF SUPERVISORS
IOWA CITY SCHOOL BOARD
AGENDA
Thursday, September 30, 1999
Procter & Gamble Room, ScanIon Gym
Mercer Park, 2701 Bradford Drive
4:00 - 6:00 p.m.
Discussion to set a date for Iowa State presentation on rural
development initiative (Iowa City)
Juvenile Justice Crime Prevention Grant (County)
Dingleberry Quarry impact on Rapid Creek Road (Schools)
Fringe Area Committee Update (Iowa City)
Bus Service to Chatham Oaks (County)
Developing outlying Senior Center/dining options in North Liberty &
Coralville (County)
Update from Coralville on the Coral Ridge Mall TIF (County)
Shared Technology (County)
Possible 28E agreement regarding payroll, Human Resources
information, GIS, etc.
Subcommittee Update on 965 (County)
Schedule next meeting
Ctyrntg,doc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 24, 1999
City Council
Mayor
Employment Agreements for City Attorney and City Clerk
Per our discussion during the evaluation of Eleanor and Marian this summer, we
indicated our desire to review employee agreements for the two employees. Both
agreements have been prepared and are attached for your review.
Resolutions approving the agreements are scheduled for the October 12 Council meeting.
Employment Agreement
THIS AGREEMENT, is made and entered into this __ day of
by and between the City of Iowa City, State of Iowa, a municipal corporatior;
hereinafter called "Employer," and Eleanor M. Dilkes, hereinafter called "Employee".
WHEREAS, Pursuant to previous action by Employer, Employee is the City Attorney for the City
of Iowa City; and
WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of
Employee's employment as City Attorney.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1: Duties
Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Eleanor M.
Dilkes as City Attorney for the City of Iowa City to perform the functions and duties specified in
Title I, Chapter 7, City Code, and to perform other legally permissible and proper duties and
functions as the Council shall from time to time assign.
Section 2: Term
A. This agreement shall be for an indefinite time.
Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Council to terminate the services of Employee at any time, subject only to the provisions set
forth in Section 4, Paragraphs A and B, of this agreement.
C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Employee to resign at any time from her position with Employer, subject only to the
provisions set forth in Section 4, Paragraph C.
Section 3: Suspension
Employer may suspend the Employee with full pay and benefits at any time during the term of
this agreement, but only if:
1. A majority of Council and Employee agree; or
After a public hearing, a majority of Council votes to suspend Employee for just cause
provided, however, that Employee shall have been given written notice setting forth any
charges at least ten days prior to such hearing by the Council members bringing such
charges.
Section 4: Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time as Employee is willing
and able to perform her duties under this agreement, then in that event Employer agrees to
pay Employee a lump sum cash payment equal to three months aggregate salary, provided,
however, that in the event Employee is terminated because of her conviction of any illegal
act involving personal gain to her, then, in that event, Employer shall have no obligation to
pay the aggregate severance sum designated in this paragraph.
In the event Employer at any time during the term of this agreement reduces the salary or
other financial benefits of Employee in a greater percentage than an applicable across-the-
board reduction for all City employees, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee herein, or the Employee
resigns following a suggestion, whether formal or informal, by the Council that she resign,
then, in that event, Employee may, at her option, be deemed to be "terminated" at the date
of such reduction or such refusal to comply within the meaning and context of the severance
pay provision.
C. In the event Employee voluntarily resigns her position with Employer, then Employee shall
give Employer one month notice in advance, unless the parties otherwise agree.
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform her duties because of
sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks,
including any accrued sick leave, Employer shall have the option to terminate this agreement,
subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall
be compensated for any accrued sick leave, vacation, compensatory time, and other accrued
benefits. '
Section 6: Salary
Employer agrees to pay Employee for her services rendered pursuant hereto an annual base
salary of $78,811.20, payable in installments at the same time as other employees of the
Employer are paid.
In addition, Employer agrees to increase said base salary and/or other benefits of Employee in
such amounts and to such extent as the Council may determine that it is desirable to do so on
the basis of an annual salary review of said Employee made at the same time as similar
consideration is given other employees generally.
Section 7: Performance Evaluation
The Council shall review and evaluate the performance of the Employee at least once annually,
with the method of evaluation to be in accordance with provisions of applicable law.
Section 8: Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office hours
to business of the Employer, and to that end Employee will be allowed to take compensatory
time off as she shall deem appropriate during said normal office hours.
Section 9: Outside Activities
Employee shall not spend more than ten hours per week in teaching, counseling, or other non-
Employer connected business without the prior approval of the Council.
Section 10: Vacation, Sick, and Military Leave
A. Employee shall accrue, and have credited to her personal account, vacation and sick leave
at the same rate as other general employees of Employer. Additional vacation time may be
credited to Employee upon the mutual agreement of Employer and Employee.
3
Section 11: Disability, Health, and Life Insurance
A. Employer agrees to make required premium payments for insurance policies for such life,
accident sickness, disability income benefits, major medical and dependent coverage group
insurance covering Employee and her dependents as Employer may now or hereafter have
in effect for its administrative employees.
Employer agrees to provide dental, hospitalization, surgical and comprehensive medical
insurance for Employee and her dependents and to pay the premiums thereon equal to that
which is provided all other employees of Employer.
Section 12: Dues and Subscriptions
Employer agrees to budget and pay for the professional duties and subscriptions of Employee
necessary for her continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for her continued professional
participation, growth, and advancement, and for the good of the Employer.
Section 13: Professional Development
Employer hereby agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, seminars, courses, continuing education
and occasions adequate to continue the professional development of Employee and to
adequately pursue necessary official and other functions for Employer.
Section 14: Indemnification
Employer shall defend, save harmless, and indemnify Employee against any tort, professional
liability claim or demand or other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of Employee's duties as City Attorney.
Employer will compromise and settle any such claim or suit and pay the amount of any
settlement or judgement rendered thereon.
Section 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 16: Other Terms and Conditions of Employment
A. The Council, in consultation with the Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance
of Employee, provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this agreement, the City Charter or any other law.
All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holidays
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee, except as
herein provided.
C. Employee shall be entitled to receive the same vacation and sick leave benefits as are
accorded department heads, including provisions governing accrual and payment therefor
on termination of employment.
4
Section 17: No Reduction of Benefits
Employer shall not at any time during the term of this agreement reduce the salary,
compensation, or other financial benefits of Employee, except to the degree of such a reduction
across-the-board for all employees of the Employer.
Section 18: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the Unites States
Postal Service, postage prepaid, addressed as follows:
1 ) Employer:
2) Employee:
Mayor
410 E. Washington Street
Iowa City, IA 52240
Eleanor M. Diikes
410 E. Washington Street
Iowa City, IA 52240
Alternatively, notices required pursuant to this agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 19: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. This agreement shall become effective commencing July 1, 1999.
If any provisions, or any portion thereof, contained in this agreement is held unconstitutional,
invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be
deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed
and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee
has signed and executed this agreement, both in duplicate, the day and year first above written.
CITY OF IOWA CITY, IOWA
By: By:
Mayor Eleanor M. Dilkes
ATTEST:
By:
City Clerk
eleanorlagtldilkes.doc
Employment Agreement
THIS AGREEMENT, is made and entered into this __ day of
by and between the City of Iowa City, State of Iowa, a municipal corporatior;
hereinafter called "Employer," and Marian K. Karr, hereinafter called "Employee".
WHEREAS, Pursuant to previous action by Employer, Employee is the City Clerk for the City of
Iowa City; and
WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of
Employee's employment as City Clerk.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section I: Duties
Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Marian K. Karr
as City Clerk for the City of Iowa City to perform the functions and duties specified in Title I,
Chapter 7, City Code, and to perform other legally permissible and proper duties and functions
as the Council shall from time to time assign.
Section 2: Term
A. This agreement shall be for an indefinite time.
Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Council to terminate the services of Employee at any time, subject only to the provisions set
forth in Section 4, Paragraphs A and B, of this agreement.
C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Employee to resign at any time from her position with Employer, subject only to the
provisions set forth in Section 4, Paragraph C.
Section 3: Suspension
Employer may suspend the Employee with full pay and benefits at any time during the term of
this agreement, but only if:
1. A majority of Council and Employee agree; or
After a public hearing, a majority of Council votes to suspend Employee for just cause
provided, however, that Employee shall have been given written notice setting forth any
charges at least ten days prior to such hearing by the Council members bringing such
charges.
Section 4: Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time as Employee is willing
and able to perform her duties under this agreement, then in that event Employer agrees to
pay Employee a lump sum cash payment equal to three months aggregate salary, provided,
however, that in the event Employee is terminated because of her conviction of any illegal
act involving personal gain to her, then, in that event, Employer shall have no obligation to
pay the aggregate severance sum designated in this paragraph.
2
In the event Employer at any time during the term of this agreement reduces the salary or
other financial benefits of Employee in a greater percentage than an applicable across-the-
board reduction for all City employees, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee herein, or the Employee
resigns following a suggestion, whether formal or informal, by the Council that she resign,
then, in that event, Employee may, at her option, be deemed to be "terminated" at the date
of such reduction or such refusal to comply within the meaning and context of the severance
pay provision.
C. In the event Employee voluntarily resigns her position with Employer, then Employee shall
give Employer one month notice in advance, unless the parties otherwise agree.
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform her duties because of
sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks,
including any accrued sick leave, Employer shall have the option to terminate this agreement,
subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall
be compensated for any accrued sick leave, vacation, compensatory time, and other accrued
benefits.
Section 6: Salary
Employer agrees to pay Employee for her services rendered pursuant hereto an annual base
salary of $59,009.60, payable in installments at the same time as other employees of the
Employer are paid.
In addition, Employer agrees to increase said base salary and/or other benefits of Employee in
such amounts and to such extent as the Council may determine that it is desirable to do so on
the basis of an annual salary review of said Employee made at the same time as similar
consideration is given other employees generally.
Section 7: Performance Evaluation
The Council shall review and evaluate the performance of the Employee at least once annually,
with the method of evaluation to be in accordance with provisions of applicable law.
Section 8: Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office hours
to business of the Employer, and to that end Employee will be allowed to take compensatory
time off as she shall deem appropriate during said normal office hours.
Section 9: Outside Activities
Employee shall not spend more than ten hours per week in teaching, counseling, or other non-
Employer connected business without the prior approval of the Council.
Section 10: Vacation, Sick, and Military Leave
A. Employee shall accrue, and have credited to her personal account, vacation and sick leave
at the same rate as other general employees of Employer. Additional vacation time may be
credited to Employee upon the mutual agreement of Employer and Employee.
3
Section 11: Disability, Health, and Life Insurance
A. Employer agrees to make required premium payments for insurance policies for such life,
accident sickness, disability income benefits, major medical and dependent coverage group
insurance covering Employee and her dependents as Employer may now or hereafter have
in effect for its administrative employees.
Employer agrees to provide dental, hospitalization, surgical and comprehensive medical
insurance for Employee and her dependents and to pay the premiums thereon equal to that
which is provided all other employees of Employer.
Section 12: Dues and Subscriptions
Employer agrees to budget and pay for the professional duties and subscriptions of Employee
necessary for her continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for her continued professional
participation, growth, and advancement, and for the good of the Employer.
Section 13: Professional Development
Employer hereby agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, seminars, courses, continuing education
and occasions adequate to continue the professional development of Employee and to
adequately pursue necessary official and other functions for Employer.
Section 14: Indemnification
Employer shall defend, save harmless, and indemnify Employee against any tort, professional
liability claim or demand or other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of Employee's duties as City Clerk.
Employer will compromise and settle any such claim or suit and pay the amount of any
settlement or judgement rendered thereon.
Section 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 16: Other Terms and Conditions of Employment
A. The Council, in consultation with the Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance
of Employee, provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this agreement, the City Charter or any other law.
B. All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holidays
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee, except as
herein provided.
Ce
Employee shall be entitled to receive the same vacation and sick leave benefits as are
accorded department heads, including provisions governing accrual and payment therefor
on termination of employment.
4
Section 17: No Reduction of Benefits
Employer shall not at any time during the term of this agreement reduce the salary,
compensation, or other financial benefits of Employee, except to the degree of such a reduction
across-the-board for all employees of the Employer.
Section 18: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the Unites States
Postal Service, postage prepaid, addressed as follows:
1) Employer:
2) Employee:
Mayor
410 E. Washington Street
Iowa City, IA 52240
Madan K. Karr
410 E. Washington Street
Iowa City, IA 52240
Alternatively, notices required pursuant to this agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 19: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. This agreement shall become effective commencing July 1, 1999.
If any provisions, or any portion thereof, contained in this agreement is held unconstitutional,
invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be
deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed
and executed in its behalf by its Mayor, and duly attested by its City Attorney, and the Employee
has signed and executed this agreement, both in duplicate, the day and year first above written.
CITY OF IOWa CITY, IOWa
By: By:
Mayor Madan K. Karr
ATTEST:
By:
City Attorney
Approved as to Form:
Attorney
eleanor/agt/kan'.doc
City of Iowa City
MEMORANDUM
Date: September24,1999
To: City Council
From: City Manager
Re: August Parking Usage
The following is the parking usage comparison for August 1999 vs. August 1998:
System wide hourly parking:
Up 2% - $168,730 for 8/99; $166,053 for 8/98
Street meters: Up 8% - $47,916 for 8/99; $44,343 for 8/98
Majority of the change was due to the addition of meters on North Clinton Street.
Metered parking lots: Down 3% - $4,700 for 8/99; $4,823 for 8/98
Burlington Street Lot was down 14%; Schuman Lot was down 10%; Market Street Lot was up
10% and the Recreation Center Lot was up 4%.
Chauncey Swan Ramp: Up .12% - $4,676 for 8/99; $4,169 for 8/98
This appears positive, considering the reduction in parking spaces for the general public due to
provision of parking for Ecumenical Towers and Senior Center, and the relocation of 16 Civic
Center permit holders.
Linn Street Lot: Up '!2% - $14,098 for 8/99; $12,575 for 8/98
This is also positive considering the Parking System has been providing spaces to the
contractors working on the downtown streetscape project.
Dubuque Street Ramp: Down 5% - $43,625 for 8/99; $45,962 for 8/98
The attributing factor appears to be a reduction in Park and Shop (down 10%) and City Plaza
Hotel guests (down 26%).
Capitol Street Ramp: Down 1% - $53,714 for 8/99; $54,181 for 8/98
The attributing factor appears to be a reduction in Park and Shop - down 18% ($6,895 for 8/99;
$8,375 for 8/98). Monday through Friday usage shows a gain of 20 vehicles in the morning, a
reduction of 50 vehicles at midday, and equivalent usage in the evening. Saturday and Sunday
averages show a reduction of 50 vehicles in the morning, a reduction of 80 vehicles at midday,
and a reduction of 50 cars in the evening.
In summary, usage of the Parking System has improved compared to earlier months.
indexbc\memos\5-1 CM.doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 22, 1999
City Council
City Manager
Urban Renewal Parcel 64-1A- Library Project/Private Developer Interest
Attached is a copy of a letter I recently received from a perspective developer interested in the
City-owned 64-1A parcel. You may recall a few weeks ago when we were discussing issues
associated with the proposed library project I mentioned the possibility of private development
interests concerning 64-1A. We have had interest over the years in 64-1A but have not
aggressively marketed the parcel. I asked the perspective developer, Bogden Consulting, to
send a letter explaining their interest.
It would seem they have an interest in 64-1A and according to Mr. Bogden, he has represented
to me he has local investors involved. I do not know who these investors are and/or what their
level of interest and financial backing/capability might be.
I need to inform Bogden Consulting of the City's position with respect to their development
interests. Recognizing that they might consider incorporation of a library into a private
development proposal, which is yet to be defined, it would certainly fulfill the obligation to
compensate for the cost of the urban renewal land. We have communicated to the Library
Board that the Council is willing to consider the 64-1A parcel for a free-standing library, although
you have also directed as a priority a review of and consideration for use of the current site.
With the Library Board expansion project recommendation still pending, it would seem that
these circumstances need your consideration before undertaking a different direction, that is,
marketing 64-1A for private interests. Marketing requires extensive work in order to proceed
with a formal request for proposals, and you would need to determine whether you wish to have
a Library project incorporated into a request and ultimately a development proposal.
At your work session of Monday, September 27 I would like your guidance on this issue. It
would seem to me we have a commitment to the Library to discuss their proposals. When you
have concluded your discussion and established a direction, we can officially inform Bogden
Consulting of our interest, specifically whether the City would be interested in the
sale/development of 64-1A to private interests.
Attachment
jw/menVsa-641 a .doc
BOGDON CONSULTING
15 Widows Wa{F~ Court
Bedin, MD 21811
Phone 410.208.6963
Fax410.208.9798
Emailbogs@beachin.net
September 10, 1999
Mr. Steve Atkins
City Manager
City of Iowa City
410 E, Washington Street
Iowa City Civic Center
Iowa City, IA 52240
/C SEP 14 1999
CITY MANAGER'S OFFICE
Dear Steve:
Sorry for the delay in getting back to you, but I have had many pressing items that needed immediate care. However, the time delay
does not diminish our interest regarding development of the property at the southwest corner of I.inn and College Streets in Iowa
City.
We have preliminary information that suggests to us that it is probably feasible to develop the property of interest. Multiple possible
uses are indicated at this juncture, and we must study the prospects in much greater detail before we will be prepared to be more
definitive about the final breakdown (commercial, retail, etc.). However, nothing is contemplated that does not already exist to one
degree or another in your downtown district. For what comfort it may be, we are not considering another student watering hole (we
do not rule out fine dining as we have some fledgling interest already).
We are aware of the local interest in increasing the capacity of the Iowa City Library, and in establishing
A Cultural Resource Center. We believe that it makes sense for all concerned to consider the possibility of accommodating space
for library expansion in the development. Except for an entirely new library (which creates the new task of deciding what to do with
the existing facility), there are few options to develop additional space any closer to the existing facility, and we understand that the
options considered to date are not considered attractive. We do have some specffic preliminary thoughts on structuring both the
physical facilities and the relationship with the City. We believe this might be the "least cost" alternative for the City at the present
time. However, we need to establish an initial agreement with the City before we put time and money into flushing out these
thoughts.
You raised the probability of needing competitive bids for the development of the property in question. Please understand that we
are not prepared to put time and money into developing market studies and specific development proposals without solid assurance
that we will "not meet ourselves coming back down the street." We do understand your side of the issue. If you cannot proceed
without competing bids, or if you choose not to, we would suggest that you prepare a specific Request For Proposal and let the
bidders loose on a defined playing field (and please send us the RFP).
~ are not prepared to identity the developer at this stage, as the development business is a competitive one, and we will not
educate the developer's competitors until the prospects are better defined. Our developer has been "in the business" for many years
and has developed projects In several geographic locations valued at many millions of dollars. We do not see the merit of
developing projects that do not "fit" in the particular community, nor do we see profitability in adversadal relationships. We believe
I City will be comfortable with the developer if we get to that stage, else I would not have this level of interest. I suggest we start
~N~etermining whether or not iowa City can, and wishes to, work with us in a mutually satisfactory manner.
"Mutually satisfactory" will take some effort, but it is important to b. oth parties. There needs to be preconditioned exit points at each
stage, and there will, of necessity, be increasing commitments at each stage. We want to be able to protect our investment as it
increases, and as our overall exposure increases. Iowa City wants to be able to protect the integrity of their community, as the plan
for the project becomes firmer. There will be a lot of detail developed, but it is much better to do this eadier than later. This way
there are fewer surprises, fewer delays, fewer unnecessary expenses, more trust, and more of that great intangible called Good
Will.
I appreciate your interest, and look forward to your response.
Sincerely,
Albert J. Bogdon
City of Iowa City
MEMORANDUM
IP6
Date: September 22, 1999
To: City Council
From: City Manager
Re: Iowa City Community Theater
We have received communication from representatives of the Iowa City Community
Theater Board of Directors requesting the feasibility of construction of a community theater
building on city owned land. Apparently they have been unable to secure a longer-term
lease and/or site for construction at the Johnson County fairgrounds. The attached letter is
self-explanatory and I have distributed it among our department directors in order to
determine whether there is such a site available.
I am sure the community theater representatives are aware of our commitment to the
Riverside Theatre about to be constructed at City Park. A concern we have is taking of
public properties, notably those that are currently parkland, for such a project.
At this point I am not sure what we can do to assist other than to have all of us "keep a
look out" for some possible opportunities. If any Council Member has any ideas, please
give me a call.
CC:
Terry Trueblood
Robert Hamel
tp4-1 cm.doc
August 30, 1999
Steve Atkins
City Manager
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Robert A. Hamel
ICCT Board of Directors
15 Warwick Circle
Iowa City, IA 52240
339-1350, rahamel @aval on. net
Dear Mr. Atkins
This letter comes as a consequence of two conversations I had with David Schoon
in the city Planning and Development Office, and in gratitude for the significant
networking he did between meetings through his good offices. His professionalism and
openness is a credit to our city.
As chair of the Iowa City Community Theatre's Building Committee, and
likewise chair of our Fundraising Committee, I am inquiring as to the feasibility of our
building a community theatre building on city owned land within the limits of the City of
Iowa City.
For 43 years I.C.C.T. has maintained a 9-month lease at Exhibition Hall at the
Johnson County Fairgrounds. For the last 5 years we have been attempting to negotiate
with them for much needed renovation and expansion improvements. More and more we
realize that our future needs may best be met by relocating.
We are preparing a $500,000 capital fund appeal to build a building that would
meet as many of our needs as possible. We would like to begin official discussions as to
the possibility of that building being built upon city owned land within the city limits of
Iowa City. Our needs are for space for at least 10,000 square feet that is affordable,
accessible and visible.
Affordable: in that some minimal lease of the land is anticipated while we would
retain ownership of the building.
Accessible: in that it be within easy access of patrons by car and public
transportation, with parking being a major consideration.
Visible: in that it be on a major road or well known section of Iowa City, such as
a public park.
The Board of Directors of I.C.C.T. wish to express our appreciation for the City
of Iowa City' s openness to have significant discussions about how to bring Iowa City's
own community theatre within the city limits of Iowa City.
Sincerely yours
Robert A. Hamel
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 23, 1999
City Council
Eleanor M. Dilkes, City Attorney
Absence
I will be out of the office from noon on Thursday, September 30 through Friday, October 1.
cc: Steve Atkins
Marian Karr
eleanor~mem\ed9-23.doc
City of Iowa City
MEMORANDUM
Date: September 21, 1999
To: Mayor and City Councii
From: Marian K. Karr City Clerk
Re: Council Work Session, August 23, 1999
Council: Lehman, Champion, Kubby, Norton, O'Donnell, Thomberry, Vanderhoef
Staff:
Atkins, Helling, Karr, Dilkes, Lubaroff, Nichols, Eckholt, Green, Franklin, Kugler,
Grosvenor, Schoon, Mitchell, Mollenhauer, Goodman-Herbst, Trueblood, Fosse,
Brachtel
Tapes: Reel 99-80, Side 2; 99-83 & 99-84, Both Sides; 99-85, Side 1.
A complete transcription is available in the City Clerk's Office.
JOINT MEETING WITH BOARD OF LIBRARY TRUSTEES
(Agenda #26)
Library Board Members Martin, Barklay, Dellsperger, Magalhaes, McMurray, Parker,
Singerman, and Swaim present for discussion. Majority of Council agreed to amend the
resolution to require the architect to bring back two options, a free standing library on 64-1A and
building a third floor onto the existing building.
REVIEW ZONING ITEMS
Planning and Community Development Director Franklin presented the following Planning and
Zoning items for discussion:
Ae
PUBLIC HEARING ON AN ORDINANCE CONDITIONALLY CHANGING THE ZONING
DESIGNATION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO
PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-8). AND APPROVING A
PRELIMINARY PLANNED DEVELOPMENT HOUSING OVERLAY PLAN FOR 24
TOWNHOUSE-STYLE DWELLING UNITS FOR APPROXIMATELY 7.72 ACRES
LOCATED AT THE NORTHEAST CORNER OF BARRINGTON ROAD AND HUNTINGTON
DRIVE. (Windsor Ridge, Part 13/REZ99-0007)
ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY 7.46 ACRES FROM MEDIUM DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-8)
AND THE APPROVAL OF A PRELIMINARY OPDH PLAN FOR 72 RESIDENTIAL
DWELLING UNITS WITHIN THE WINDSOR RIDGE SUBDIVISION LOCATED AT THE
EAST TERMINUS OF COURT STREET. (Windsor Ridge, Part 12/REZ99-0006) (FIRST
CONSIDERATION)
C. ORDINANCE VACATING AN APPROXIMATE 7,720 SQUARE FOOT UNIMPROVED
PORTION OF VIRGINIA DRIVE LOCATED BETWEEN LOTS 2 AND 14 OF NORTH HILLS
Council Work Session Minutes
August 23, 1999
Page 2
SUBDIVISION IMMEDIATELY NORTHEAST OF THE INTERSECTION OF VIRGINIA
DRIVE AND RIDGEWOOD LANE. (VAC87-0001) (FIRST CONSIDERATION)
ORDINANCE AMENDING TITLE 14. CHAPTER 6. ZONING. BY ADDING A DEFINITION
OF "ADULT BUSINESS" AND CHANGING SEPARATION REQUIREMENTS BETWEEN
ADULT BUSINESSES AND OTHER USES. (SECOND CONSIDERATION)
E. ORDINANCE MENDING TITLE 14, CHAPTER 6, ZONING. TO ALLOW OFF-STREET
PARKING ON A SEPARATE LOT IN A DIFFERENT ZONE UNDER CERTAIN
CONDITIONS. (SECOND CONSIDERATION)
ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF
APPROXIMATELY .33 OF AN ACRE FROM MEDIUM DENSITY SINGLE-FAMILY (RS-8)
TO COMMUNITY COMMERCIAL (CC-2) TO ALLOW EXPANSION OF KENNEDY PLAZA
FOR PROPERTY LOCATED ON THE WEST SIDE OF GILBERT COURT NORTH OF
BENTON STREET. (REZ99-0010) (SECOND CONSIDERATION)
Franklin informed Council that the Board of Adjustment did grant the dwellings above and
the yard exceptions as requested·
G. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT BOULEVARD EAST.
PART 4, A 7.36 ACRE, 15-LOT RESIDENTIAL SUBDIVISION LOCATED EAST OF SCOTT
BOULEVARD AT WASHINGTON STREET. (SUB99-0015)
RESOLUTION APPROVING A FINAL PLAT OF SCOTT BOULEVARD EAST, PART 3. A
9.5 ACRE, THREE-LOT RESIDENTIAL SUBDIVISION LOCATED EAST OF SCOTT
BOULEVARD AT WASHINGTON STREET. (SUB99-0016)
RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF MILDER
MEADOWS, A RESUBDIVISION OF LOT 1 OF MILDER'S SUBDIVISION AND AUDITOR'S
PARCEL B IN THE WEST ¼ OF SECTION 17-T79N-R5W OF THE 5TM P.M., JOHNSON
COUNTY. IOWA. A 47.69-ACRE. THREE-LOT RESIDENTIAL SUBDIVISION WITH ONE
AGRICULTURAL OUTLOT LOCATED ON THE NORTH SIDE OF AMERICAN LEGION
ROAD ONE-HALF MILE EAST OF TAFT AVENUE.
REVIEW AGENDA ITEMS
(Consent Calendar #4e(1)- RESOLUTION SETTING PUBLIC HEARING FOR IOWA CITY
LANDFILL RECYCLING PROJECT) In response to Kubby, the City Manager stated the
plans would be available for review prior to the hearing.
(Consent Calendar #-4e(4), (5) and (6) - RESOLUTIONS SETTING PUBLIC HEARINGS ON
INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT .... SOUTH
SYCAMORE REGIONAL STORMWATER AND GREENSPACE PROJECT .... MORMON
TREK BLVD IMPROVEMENTS, HIGHWAY 1 TO ABBEY LANE .... AND LONGFELLOW-
TWAIN PEDESTRIAN TUNNEL PROJECT) City Atty. Dilkes noted that all three are being
placed on the agenda because of House File 476, the new condemnation statute; and
corrected the dates to read September 28 (not September 14).
(Agenda #7 - PUBLIC HEARING ON JOHNSON STREET SANITARY SEWER PROJECT)
In response to Council, staff clarified the hearing would not be held and would be reset at a
later time.
Council Work Session Minutes
August 23, 1999
Page 3
4. In response to Champion, the City Manager stated the ordinance allowing free dumping of
yard waste at the landfill for Iowa City residents was in effect.
CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN
(Agenda Items #12 & 13)
Economic Development Planner Schoon, Urban Planner Kugler, and PCD Director Franklin
presented information. Majority of Council agreed to amend the plan (item #12) per the request
of the Historic Preservation Commission, continue the public hearing, and proceed with first
consideration of the ordinance (item #13).
HIGHWAY 6 CORRIDOR IMPROVEMENTS
(IP3 & IP4 of 8/20 Info Packet)
City Engr. Fosse, Brian Clark of Brian Clark and Associates, and Kevin Trom from Shive-Hattery
presented information. After discussion Council agreed to install curbs on south side near
intersections; replace shoulders with asphalt paving; install conduit for lighting under street
crossings for future use; agreed to landscaping suggested by Brian Clark and pursue alternative
sources for funding additional efforts; and explore undergrounding electrical system and report
back to Council.
STAFF ACTION: Memo from City Engr. in 9/3 packet. (Fosse)
WINTER 1999/2000 DEER MANAGEMENT PLAN
(Agenda #14)
Adm. Asst. Mollenhauer, White Buffalo Representative Tony DeNicola, and Asst. City Atty.
Mitchell presented information. Council agreed to proceed.
CITY PARK RIDES
Parks & Recreation Director Trueblood updated Council on the Drollinger's asking price for the
train and tracks ($40,000); small maintenance building ($1,000); carousel ($40,000) and
retaining of one zebra on the carousel (add $1,000). Preliminary costs, including fencing and
landscaping, are $100,000. Estimate of yearly maintenance costs is $10,000 a year. Insurance
representative is due 9/24 for estimates. Council requested an estimate on purchase of the
concession trailer and airplanes.
STAFF ACTION: Memo from City Manager in 9/3 information packet.
NOVEMBER/DECEMBER MEETING SCHEDULE
Council agreed to the following meeting schedule:
November 8, Special Work Session
November 9, Special Formal
November 10, League Legislative Night
November 22 Special Work Session
November 23, Special Formal
December 13, Work Session
December 14, Formal
Council Work Session Minutes
August 23, 1999
Page 4
APPOINTMENTS:
Public Art Advisory Committee - Emily Vermillion
Riverfront and Natural Areas Commission - Kevin Kacena (County)
Re-advertise one
COUNCIL TIME
1. Kubby requested staff respond to the letter (Consent Calendar ¢t-4g(2)) regarding front locks
on apartment doors.
2. Kubby raised safety concerns and encouraged a sidewalk along Riverside Drive to Sturgis
Ferry Park.
3. Kubby requested staff furnish information on fixed route transit riders with disabilities and
how that information is different for a Coralville transit rider.
(Agenda #16 - ORDINANCE AMENDING TITLE 8..."ANIMAL CONTROL") Norton raised
concerns about an animal picked up with a tag and the owner given the option of having the
animal microchipped or declining versus picking up an animal without identification and
automatically microchipping the animal. Council agreed and Norton will discuss amended
ordinance language with staff.
Norton requested staff review the Code requiring yearly cigarette employee affidavits and
suggested a modification to allow business owners to assume the responsibility. Staff will
follow up.
6. In response to Norton, City Atty. Dilkes stated appeals to the Board of Adjustment and
Board of Appeals both go to Court.
7. Norton raised concerns regarding the letter (Consent Calendar ~4g(6)) on temporary
parking lot sales. Staff will follow up on enforcement issues.
8. Vanderhoef stated she would distribute a legislative update in the next Council packet.
Adjourned: 9:45 p.m.
cleddmin/8-23-99ws.doc
09-24-99
IP9
September 16, 1999
Friendship Street Residents
Re: Potential Traffic Calming on Friendship Street
Dear Resident: CITY OF I0 WA CITY
This past spring residents in your neighborhood contacted the City with concerns about the speed of traffic on
Friendship Street, specifically near Court Hill Park. Traffic counts have been conducted confirming higher than
typical traffic speeds on Friendship Street. Speeds were recorded between 30 and 33 mph. Working with the
neighborhood, a couple of concepts were developed to reduce the speed of traffic on Friendship Street.
Neighborhood residents determined that a raised crosswalk connecting the two sides of Court Hill Park on
Friendship Street would be the most appropriate and effective strategy for drawing attention to the park and
reducing speeds in the area.
The City has determined that it is possible to install a raised crosswalk as shown on the enclosed diagram. The
raised crosswalk is designed to draw attention to the park, establish a formal pedestrian crossing, and reduce
vehicle speeds. The crosswalk will act as an elongated speed hump which creates a jolting feeling if traversed at
more than 25 mph. Vehicles traveling at the speed limit should only feel a slight undulation. Signs would be posted
to caution drivers and to make them aware of the crosswalk.
Although there are benefits to the neighborhood with a raised crosswalk, some negative impacts should also be
mentioned. Emergency response will be slowed by the crosswalk. Large fire apparatus must come nearly to a
complete stop before traversing the crosswalk. Bus riders may also feel some discomfort as the crosswalk will
require a bus to slow down considerably. Snow removal and police enforcement should not be significantly
impacted by the raised crosswalk.
The next step in the City's traffic calming evaluation process is to survey residents directly impacted by the
proposed project. The final decision will be made by the City Council, but without neighborhood support of the
project, the proposal will not be viewed favorably by the City Council.
If approved by the City Council, the raised crosswalk would be installed in a temporary fashion. Follow-up traffic
studies and a neighborhood survey would be completed in approximately one year to determine if the crosswalk
should be removed or installed permanently.
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 September 30, 1999 so this issue can be resolved. If you have any
questions, please call me at 356-5254. Thank you for taking the time to complete this survey.
Sincerely,
Doug Ripley
Traffic Engineering Planner
Enc.
CC:
City Council
Steve Atkins, City Manager
Karin Franklin, Director, Department of Planning & Community Development
Jeff Davidson, Asst. Director, Department of Planning & Community Development
Chuck Schmadeke, Director, Public Works
Rick Fosse, City Engineer
jeco,'jtlo\fdendsh,doc
410 EAST WASHINGTON ST!~.EET · IOWA CITY, IOWA 52240-1S26 · (719) 356-5000 · FAX (319) 356-$009
Friendship St. Traffic Calming
COURT ST
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PROPOSED
Memorandum
To: Steve Atkins
From: Ron O'Neil
Date: September 22, 1999
Re: Council/Airport Commission subcommittee - North Commercial area
A meeting has been scheduled on September 30, 1999, at 7:30 a.m. in the City Manager's
Conference Room to discuss the Airport's North Commercial area (NCA). MMS Consultants
have done substantial engineering work and environmental testing, and it is time for the
subcommittee to discuss the information.
There are some flaws in the latest plat design because they do not address all the aeronautical
restrictions that would be required for the development. The Airport Commission will be hiring a
consultant to update the Airport Layout Plan. Part of the Scope of Services for the ALP update is
to have the aviation consultant work with the Commission and other City departments to assure
FAA compliance for the NCA. As soon as an acceptable plat is finished, the project can
complete its journey through Planning & Zoning and the Council.
The Commission has had an offer to lease two of the lots in the NCA and there is interest by other
potential tenants. An appraisal has been conducted to help determine fair market value for
leasing the parcels. A schedule of when the infrastructure would be in place is needed before the
Commission can seriously market the property.
The Council will need to give the Commission some direction on how much the Council would
support the Science Center if it locates in the NCA. The Science Center has expressed interest in
moving the United hangar and restoring it as part of the Science Center. The Commission has
told the Science Center that they would be expected to pay fair market value for their lease.
Please invite any City staff that you think could provide relevant input on the project. Rick
Mascari and Tom Bender will represent the Commission and Ernie Lehman and Dee Norton are
on the subcommittee for the Council. If there is any particular information you think would be
beneficial to have for the meeting, please contact me at 5045.
Cc:
Airport Commission
City Council
Dennis Mitchell, Assistant City Attomey
IOWA CITY WATER DIVISION
MEMORANDUM
Date: September 15, 1999
To: Chuck Schmadeke
From: Ed Moreno
Re: Mayflower Sewer Discharge to the Iowa River
This memo is a reiteration of our discussion this afternoon at the Public Works staff
meeting.
From August 23 to September 13, 1999 the Water Division has performed 63
bacterial tests on the drinking water from taps in our distribution system. All
sample test results were safe. In addition, during this period of time, we have not
noticed any unusual water quality through our in-house water quality testing (over
200 tests per day). The chlorine level in the water has been stable and the chlorine
demand from the Iowa River has actually been relatively low.
We have receive some calls from our consumers who are upset about the Mayflower
discharge to the Iowa River and I have tried to assure them that the City's drinking
water is safe.
Fortunately the dilution of the discharge by the Iowa River flow (>96 million gallons
per day) and our treatment plant's capability to treat varying river water quality
has allowed us to manage the risk posed by the sewage discharge.
The use of alluvial groundwater sources at the new water treatment plant will allow
us to avoid the potential hazard of a discharge such as this to the Iowa River.
City of Iowa City
MEMORANDUM
09-24-99
IP12
September 23, 1999
To: Steve Atkins and City Council
From: Denny GaRROR~
Re: WooIf Avenue Bridge
The WooIf Avenue Bridge received another award - its third. The bridge won
the "1999 Outstanding Civil Engineering Project Achievement" award. The award
was presented September 10. 1999, by the Iowa Section of American Society of
Civil Engineers (ASCE); only one such award is presented annually. Awards were
presented to the designer, NNW Inc. of Iowa City, and the City of Iowa City.
Feel free to see the plaque; it is in my office. Please note the attached press
release issued by the Iowa Section of the American Society of Civil Engineers.
IOWA SECTION
of Civil Engineers
NEWS RELEASE More info @ News & Awards: www.asce.orglgsdlsectionsliowa
Contacts:
Christy VanBuskirk, Awards Committee Chair, 515-622-2610
Ken Dunker, Newsletter Editor, 515-294-5554
Steve Jacobsen, NNW, Inc., 319-351-2166
Pick Fosse, City of Iowa City, 319-356-5143
IOWA CITY'S WOOLF AVENUE BRIDGE WINS 1999 OUTSTANDING
CIVIL ENGINEERING PROJECT AWARD
AMES, Iowa, September 17, 1999 - At the Iowa Section's Annual Meeting in Ames on
September 10, 1999, the new Woolf Avenue Bridge in Iowa City received the 1999 Outstanding
Civil Engineering Project Award. Steve Jacobsen, PE, of NNW, Inc. received the award on
behalf of the design firm, and Piehard Fosse, PE, of City of Iowa City received the award on
behalf of the owner.
The City of Iowa City desired a bridge that would improve the appearance of the 20,000
vehicle-per-day U.S. Highway 6 gateway to the city and increase the 14.5-foot vertical clearance
over the highway
Because a bridge is pure structure without facade, its appearance is wholly dependent
upon its shape. Therefore, the new Woolf Avenue Bridge required careful design beyond that for
an ordinary overpass.
With restrictions, a 71-foot span was required; however, the span was reduced to 63 feet
by tipping the piers inward. The piers have the effect of creating a colonnade as one passes under
the bridge. A 28-inch voided slab was used to reduce dead load and provide for additional
vertical clearance.
For recognition as a gateway, the design called for an impression of the Iowa City logo
on four concrete end posts and the words Iowa City prominently displayed on each side of the
bridge slab.
Page 1 of 2
The appearance of the bridge was further enhanced by adding color to the Class 3
concrete finish and by painting the railing and lights dark green. The contractor was asked to
perform some intricate work with concrete and steel railing; the work was completed with fine
craftsmanship.
Coordinating all the entities made this project very complex. An 8-inch diameter water
main was installed in one of the slab voids. Maintaining traffic on Highway 6 made falsework
installation difficult. The designers and city staff worked closely with the press and local
businesses to inform the public of closures on Highway 6 and subsequent detours.
The new bridge is a significant safety improvement. Vertical clearance of the existing
bridge had resulted in twice closing the bridge for expensive repairs, the existing bridge had
deteriorated to the point that it was posted for reduced loads, and concrete was falling onto
Highway 6.
The Outstanding Civil Engineering Project Award is given by the Iowa Section for the
achievement--not to an individual--so that many engineers who have worked on and contributed
to the project are recognized. The basis for the award is "an engineering project that
demonstrates the greatest skills and represented the greatest contribution to civil engineering
progress and mankind."
The Iowa Section of the American Society of Civil Engineers has more than 600
professional members at all levels of government, in public utilities, and in consulting
engineering firms. Technical committees promote state-of-the-art engineering in five disciplines:
environmental and water resources, geotechnical, highways and transportation, structural, and
surveying and mapping. The Iowa Section won a national 1999 Outstanding Section Award.
Kenneth F. Dunker, Newsletter Editor
4309 Ross Road
Ames, Iowa 50014
Page 2 of 2
-30-
THOMAS J. VILSACK
GOVERNOR
OFFICE OF THE GOVERNOR
STATE CAPITOL
DES MOINES, IOWA 50319
5|5 281-5211
FAX 5 I 5-281-661 |
.:SEP 2 2 1999
CITY MANAGER'S OFFICE
SALLY J. PEDERSON
1T. GOVERNOR
Governor Thomas J. Vilsack of the State of Iowa
President Mary Sue Coleman of the University of Iowa
and
The Iowa Centennial Memorial Foundation
Cordially invite you to join
them for the presentation of
The Iowa Award
To
Mauricio Lasansky
Virgil M. Hancher Professor Emeritus .
Friday, October 1, 1999
5:30 to 7:00 p.m.
Old Capitol
On the Pentacrest
The corner of Iowa Avenue and Clinton Street
University of Iowa
Iowa City, Iowa
A book of congratulatory notes and letters is being compiled. Please mail your
comments for the book to the office of the Governor, State Capitol, Des Moines,
Iowa 503 19, Attention Elisabeth Buck. For more information please call Elisabeth
at 515-281-0102
Mauricio Lasansky
Professor Lasansky is recognized worldwide as a printmaker
and art educator at the University of Iowa. He has greatly
enriched the cultural heritage of Iowa by donating 300 of his
works to Iowa museums. Many of his magnificent drawings
and collages are on permanent display. They are viewed by
thousands of school children and museum visitors each year.
The Lasansky family has made its home in Iowa for more than
50 years. They left Argentina to escape a repressive regime in
the early 1940's. Former University of Iowa Presdient Virgil
Hancher recruited Professor Lasansky to establish a
printmaking department at the University of Iowa. That
department soon became a Mecca for students in the print
field. Many Lasansky graduates now head print departments
at major universities throughout the nation.
Professor Lasansky, now 84, is still active in his studio,
creating lasting works of art in the adopted state he loves.
The Iowa Award
The Iowa Award represents the state's highest citizen award.
The Iowa Centennial Memorial Foundation, established in
1948 by Governor Robert D. Blue and the Iowa Legislature,
created the award. The foundation encourages the outstanding
service of Iowans in the fields of science, medicine, law,
religion social welfare, education, agriculture, industry,
government, and other public service and recognizes the merit
of their accomplishments in Iowa and throughout the United
States.
09/~-0/99 09: 12:51 ~19-~5,t-4~-1~ -~ +~1995~5809 IOl~fi CIT~ F. LERE
Johnson County
]~ IOWA .~
X_
Jonathan Jordahl, Chair
Charles D. Duffy
Michael E. L¢lunan
Sally Stutsman
Carol Thompson
BOARD OF SUPERVISORS
Agenda
Boardroom - 2nd Floor
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 21, 1999
INFORMAL MEETING
1. Call to order 1:30 p.m.
2. Work Session with Department Heads
3. Update/report/discussion of the following:
a) Fiscal year expenditures
b) Gift law
c) Memo to Elected Officials
measures
d) FY 2001 budget procedures and forms
e) Reports/updates from Department Heads
f) Date and time of next meeting
g) Other
and Department Heads re: performance
4. Adjourn
09/28/99 08|41:44 319-354-4213 -> +3193565889 108fi CIT~ CLBRR Page 081
Johnson County
i'~ i-0~ i>
Jonathan Jordahl, Chair
Charles D. Duffy
Michael E. Lehman
Sally Stutsman
Carol Thompson
BOARD OF SUPERVISORS
Agenda
Boardroom - 2nd Floor >-~C) r~
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 21, 1999
INFORMAL MEETING
1. Call to order 9:00 a.m.
2. Review of the formal minutes of September 14~
3. Business from Bob Saunders, Insurance Associates
report/update on Johnson
discussion/action needed
of Iowa City re:
County's workers compensations insurance.
Business from Bill Kelly re: Senior Center update. discussion
Business from the County Engineer
a) Discussion/action needed re: options for studying Dingleberry Quany
access issues.
b) Other
913 SOUTH DUBUQUE STREET, SUITE 201 IOWA CITY, IOWA 52240-4207 TEL: (319) 356-6000 FAX: (319) 354-4213
Agenda 9-21-99
Page 2
Business from the Board of Supervisors
a) Discussion/action needed re:
funds.
b) Discussion/action needed re:
Committee.
e) Discussion/action needed re:
d) Minutes received
1.
2.
e) 3.
f) Reports
g) Other
memo regarding expenditure of personnel
appointmems to the Courthouse Security
FY 2001 budget procedures and forms.
Johnson County Nutrition Board for August 16, 1999
Johnson County Mental Health/Developmental Disabilities
Planning Council for August 17, 1999
Hawkeye Area Community Action Program for August 26, 1999
7. Discussion from the public
8. Work Session with Ambulance Director re: progress report/update.
discussion
9. Recess
Bg/ZZ/99 88:15:B8 319-354-4213 -> +2193565889 IDY~ CITY CL~RX h~e 881
Johnson Cottory
IOWA $~
X_,
Jonathan Jordahl, Chair
Charles P. Duffy
Michael E. Lehman
Sally Stutsman
Carol Thompson
BOARD OF SUPERVISORS
Agenda
Information Services Office
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 22, 1999
INFORMAL MEETING
1. Call to order 9:00 a.m.
2. Work Session re: site visit with Information Services Director. discussion
3. Adjourn
~9/Z2/99 88:34:16 319-354-4213 -> +~19~65889 IOg~ EITV ELERR Page 001
Johnson County
~IOWA m~
Jonathan Jordahl, Chair
Charles D. Duffy
Michael E. Lehman
Sally Slutsman
Carol Thompson
BOARD OF SUPERVISORS
Agenda
Boardroom 2na Floor
-
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 23, 1999
FORMAL MEETING
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: formal minutes of September 14th
Action re: payroll authorizations
5. Business from the Assistant Planning and Zoning Administrator
a) Discussion/action re: the following Conditional Use Permit:
b)
1. Application CU9902 of Allan and Jennifer Berger, signed
by Allan Berger, requesting a Conditional Use Permit for a
home business to operate a Veterinary Clinic for small
animals on certain property described as being in the NW ¼
of Section 30; Township 80 North; Range 5 West of the 5th
P.M. in Johnson County, Iowa (This property is located on
the west side of Highway #1 NE, west of Fox Lane NE in
Newport Twp.).
Other
913 SOUTH DUBUQUE STREET, SUITE 201 IOWA CITY, IOWA 52240-4207 TEL: (319) 356-6000 FAX: (319) 354-4213
Agenda 9-23-99
Page 2
6. Business from the County Auditor
a) Action re: permits
b) Action re: reports
c) Other
7. Business from the County Attorney
a) Other
8. Business from the Board of Supervisors
a)
Discussion/action re: contract for Iowa Department i~xHu~an
Services/Johnson County Decategorization Project and Johnson Coftxty
for Foster Care Reunifieation Project Grant Program.
b) Discussion/action re: appointments to the Johnson County Courthouse
Security Committee.
c) Motion authorizing Chair to send Kimberly Meyerhoff a letter of
appreciation and certificate for serving on the Johnson County
Ambulance Advisory Committee.
d) Discussion/action re: FY 2001 budget procedures and forms.
e) Other
9. Adjourn to informal meeting
a) Discussion re: update on East Central Iowa Council of Governments
Regional Solid Waste Management Plan.
b) Reports and inquiries from the County Attorney
e) Inquiries and reports from the public
d) Reports and inquiries from the members of the Board of Supervisors
e) Other
10. Adjournment
HALLQWEEH PARAOE AHO
"" CAR.N!VAL
/ · ,~ \\, /
O..CrQ~E~ ~q,
6:00-8:00 P.M.
~' 6:00 Meet in costume at the
intersection of Clinton and College
Streets in downtown Iowa City.
6:15 March to the Robert A. Lee
" carnival style fun.
Community Recreation Center for
6:30 Carnival, harmless haunting,
and treats at the Recreation Center.
ALL A~,ES WELCOME
ALL dHI. LOP,,EN WqTH AN AINL1P PLEASB
FEE -, NQ P~E-,~E,CqST'P, AT'qQN
SPQNSQR~ 6Y THE qQWA dff RE(:;REATK..N OqY~qQN.
Iowa City's trick or treat night is Sunday, October 31".
IP 16
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EQUAL ACCESSIBILITY FOR A DIVERSE POPULATION
INTELLECTUAL FREEDOM'
LIFE-LONG LEARNING BEGINNING WITH THE YOUNG CHILD
ENHANCEMENT OF CULTURAL AND LEISURE ACTIVITIES
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IOWA CITY PUPtIC LIPF-~Y
51'P-,Al Oi C PtANNI qSi CiROLIP:
Community
Members:
David Curry
Lolly Eggers
Mary Keen
Julie Pulkrabek
Mary Schlueter
Alan Stang
Chuck Traw
David van Dusseldorp
Margaret Wu
Library Board
Members:
Winston Barclay
Mark Martin
Linda Dellsperger
Jesse Singerman
Staff Members:
Maeve Clark
Sara Glenn
Heidi Lauritzen
Liz Nichols
City Member:
Karin Franklin
Staff Support:
Susan Craig
Martha Lubaroff
Consultant:
Ann Selzer
M_=RCRITI'II
204 E. Washington
RO. Box 1880
iowa City, IA 52244-1880
Telephone 319.356.9000
Fascirnile 319.35[~.9002
Mercantile Bank
September 24, 1999
Ed McGinness
Civic Center
410 E. Washington
Iowa City, IA 52240
Dear Ed,
There have been many city projects during my years here, but I can't think of one that has
gone more smoothly, from the public's perspective, than the current downtown
improvement project. To me and many others, you are the unsung hero of the project. I
have seen you early in the morning, late at night and on weekends quietly doing whatever
was needed to keep things on track.
Please know that your efforts are appreciated. Congratulations and thanks for a great
project. As someone keenly interested in what goes on in the life of our downtown and
community, I appreciate very much what you mean and have meant to all of us.
Sincerely,
Robert M. Sierk
President
cc: Charles Schmadeke, Stephen Adkins
September 19, 1999
Ed Moreno, Superintendent
Carol Sweeting, Community and Education Coordinator
Iowa City Water Department
Civic Center, East Washington Street
Iowa City, Iowa 52240
Dear Ed and Carol,
rm sure your department is used to getting letters complaining about some
aspect of water service in Iowa City, but I wanted to write this letter for just the
opposite reason. I want to thank you for improved water over the past several
years. I know it has been a gradual change, and it has involved planning in lots
of different venues, but water to our house is so much better than it was several
years ago that I wanted to say thank you.
A graphic example of the change was apparent to me just last week. We have
had lots of construction on our street the past year. I have needed to clean the
interiors of our kitchen cabinets as a result. As I removed crystal glassware,
some of which I haven't used in several years, it suddenly occurred to me that I
haven't had to de-lime those glasses for a long time, and I used to have to do
that every few months to keep them from being totally cloudy. And for the past 2
years or so, our showers haven't smelled like heavy doses of chlorine when we
have turned them on in the spring, not to mention the same change in the
drinking water.
These are certainly small indicators, and can quietly change without fanfare. But
both of them are indicators of better daily quality of our drinking water, and I
know that the supply will only improve as you add the new factors to Iowa City's
water system. Thanks for being persistent as you try to move us into the future.
WooIf Avenue, where we live, has just had replacement water pipes installed as
part of the reconstruction project. The changes I have indicated occurred before
the new pipes were installed. A new delivery system will only enhance overall
changes in quality.
We appreciate your efforts for all of us. Thank you.
Sincerely,
Mary and Bruce Gantz
214 WooIf Avenue
Iowa City, Iowa 52246
89/2?/99 08:47:19 919-354-4213 -> +3199565889 IOYfi CITY CLERX Page 081
Johnson County
-,,,_
Jonathan Jordahl, Chair
Charles D. Duffy
Michael E. Lehman
Sally StuBman
Carol Thompson
BOARD OF SUPERVISORS
Agenda
Boardroom- 2nd Floor
Johnson County Administration Building
913 South Dubuque Street
Iowa City, Iowa 52240
September 28, 1999;'
INFORMAL MEETING
1. Call to order 9:00 a.m.
Review of the formal minutes for canvass of votes for School Election of
September 17th and the formal minutes of September 23rd
Business from Lisa Dewey, Director of S. EA.T.S.
a) Discussion/action needed re: weekend-shuttle service for Senior Center.
b) Discussion/action needed re: approval for the conversion of part-time
Confidential Secretary to full-time Confidential Secretary.
c) Other -'~
Business from the Assistant Planning and Zoning Administrator
a) Presentation from Jerry Eyman, President of Gateway, Ltd. re:
proposed contract between Johnson County and Gateway, Ltd. for
construction of deceleration/acceleration and turning lanes on Herbert
Hoover Highway SE for Gateway First and Second Subdivisions.
discussion/action needed
b) Other ,
913 SOUTH DUBUQUE STREET, SUITE 201 IOWA CITY, IOWA 52240-4207 TEL: (319) 356-6000 FAX: (319) 354-4213
09/27/99 88:47:58 319-35~-4213 -~ +3199565809 IO0~ CITV CL~R~ hgc 882
Agenda 9-28-99
Page 2
5. Business from the Board of Supervisors
a)
Voluntary Annexations from the City of Tiffm submitted on September
23, 1999. (FYI) (This is a reapplication of No. UA99-34) discussion
Discussion/action needed re: policy fqr use of county buildings.
Discussion/action needed re: Military Exemptions and Homestead Tax
Credits approval and denial of applications for Iowa City.
Discussion/action needed re: Juvenile Detention Agre~nent with Linn
County.
Discussion/action needed re: appo.'m. Lments to the Johnson County
Crime Prevention Policy Board.
Minutes received
1. Johnson County Task Force on Aging for July 19, 1999
2. Sixth Judicial District Department of Correctional Services Board
of Directors for July 28, 1999
3. Senior Center Commission for August 17, 1999
4. Space Needs Committee for August 20, 1999
5. Mid-Eastern Council on Chemical Abuse Board of Director for
August26, 1999
6. Iowa City Area Chamber of Commerce Board of Directors for
August 26, 1999
7. East Central Iowa Council of Governments Board of Directors for
August26, 1999
8. Communication Committee for September 8, 1999
9. Johnson County Deeat Project ExecUtive Committee for September
22, 1999
g) Reports
h) Other
Discussion from the public
Recess
Year-end Summary
The Johnson Coumy Juvenile Crime Prevemion Grant served 2, 152 people in
fiscal 1999. That is a decrease of 19 percent over FY 1998, primarily because people
served by the Hills Family Resource Center were not included in the 1999 data base. The
reason Hills was not included is that it does not receive funding through the grant,
although staff at United Action for Youth do help with family and teen-night
programming. Also, a change of staff in Hills meant data base collection was no longer
possible. The chart shows changes in the numbers of people served in the juvenile crime
prevention program over the years.
In addition to the 2, 152 in the crime prevemion program data base, MECCA
worked with 281 young people
during the year and provided
additional services to 206
school staff members and
parems. (The yearly MECCA
total could include some
duplication. Those served by
MECCA are not included in the
crime prevention program data
base because of the agency's
con~dentiallty requirements. )
Among new programs
and achievemems for the year:
* The Policy Board
began a restructuring designed
to expand the board to 50
members and to place an
increasing focus on programs
that build assets among youths
in the community.
Numbers sewed in Johnson County
Juvenile Crime Prevention Program
_,~' . ,
i
0 500 1,000 1,500 2,000 2,500 3,000
Total
· Neighborhood Centers increased efforts to work with local police to reduce
crime and improve safety in the neighborhoods served. A new beat officer began working
with youths at one cemer, and the Citizens' Police Review Board met once at the cemer.
Residents reported less visible crime during the summer and generally better traffic safety
in the area.
· Cooperation among agencies involved with the crime prevemion program and
the schools continued to flourish, particularly at South East Junior High School, where
staff from Neighborhood Centers team teaches with South East staff and United Action
for Youth maintains counseling services and aeter-school programs.
· The Iowa City School District expanded its cooperative relationship with
Alternative Corrections Education, a day treatment program for juvenile offenders
offered by Lutheran Social Services under contract with the Juvenile Court Office. Junior
high students who do not meet expectations that include attendance and behavior are
referred to ACE. Attendance and behavior of students involved generally improved, in
some cases dramatically.
* The crime prevention program sponsored a staff training luncheon that focused
on drug use and prevention. MECCA staff led the session attended by 40 people from
law enforcement and various local agencies.
· MECCA increased time spent at each of the local junior high schools, providing
on-site assistance as many as 20 hours per week.
· Family resource centers in Hills and North Liberty increased services to include
distribution of food collected by Table to Table, a local food recovery agency. At least 98
percent of parents at both centers said the centers had been helpful to them and had
increased their involvement with the schools.
· GAP added Solon to areas served through its summer education and recreation
program in low income and rural areas.
Demographic information about those served in fiscal 1998 follows:
As in
prior years,
more than half
of those served
under the
crime
prevention
grant were
women, as
shown in the
chart at right.
However,
women were
71 percent of
the 524 adults
served,
reflecting the
Male
48%
Participants by gender
Female
52%
large number of female-headed households. Among young people, the majority of those
served were boys: 55 percent of the children and 54 percent of the juveniles.
The chart below shows the distribution by age category. Children are those aged
0 to 12. Juveniles are those aged 13 to 18. The percentage of children and juveniles
increased (from 38 percent to 39 percent for children and from 33 percent to 37 percent
for juveniles), while the percentage of aduks decreased from 29 percent to 24 percent
over the prior year. The total numbers for both groups decreased: from 858 children in
1998 to 838 this year, and from 856juveniles in 1998 to 790 this year.
Participants by age category
Children
39%
Adults
24%
Juveniles
37%
Overall, the 524 aduks served made up 24 percent of the data base, a decrease
from the 29 percent who were aduks the prior year. In all, 249 fewer aduks participated
in crime prevention programs in 1999. The change is primarily due to dropping the Hills
Family Resource Center from the data base. Of the adults served this year, 79 were ages
19 to 24 and were served in the district's alternative school or in employment programs
through Mayor's Youth Employment Program or United Action for Youth. The rest of
the aduks were parents, guardians or other parent figures participating in parent
education, counseling or skill-building programs.
The median age of youths in all programs, for those whose ages were known,
continued to be 13. A total of 660 of crime prevention grants were aduks or were among
those young people whose ages were not known. The age distribution for the 1,492
children, juveniles and young adults for whom ages were available is shown in the chart
on the next page. Note that those participating in crime prevention programs were
concernrated in the pre-teen and early teen years. The largest age group, as was true last
year, consisted of 14-year-olds.
Age distribution
250 ..................................................................................................................
200 ~
103
100 ~
222
136
104 102
~i 72
40
18 12
¢,R~ +
Among all of those served under the crime prevention grant, 49 percent
participated in prevention programs for only one quarter. Another 21 percent participated
for two quarters, and 13 percent participated for three quarters. The 17 percent that
participated in programs all year long was one percentage point below the participation
level last year and one percentage point above the participation level in fiscal 1997.
Encouraging participation in crime prevention programs throughout the year remains a
challenge.
The charts on the next page show the distribution of ethnicity and income level
among crime prevemion program participants. The charts represem the distributions of
those for whom information was available. Some agencies and programs do not keep
ethnic or income data. The ethnicity of2,118 was known, leaving only 34 for whom
ethnicity was not available. Fewer programs maintained statistics relating to income level.
The agencies recorded an income level for only 1,003 of the 2, 152 participants.
Distribution by race
White
74%
American Indian
Black Asian
1%
14% 3%
· ~i 'i: ' :' :: ,,.:. :,, ::: Biracial
' .: ~i :~, ~,, ,,: Hispanic
6%
Other
· 0%
Distribution by income
High
8%
Moderate
37%
More than half of those in juvenile crime prevemion programs in 1999 lived in
Iowa City, as shown in the chart on the next page. The Family Resource Center in North
Liberty and Neighborhood Cemers programs in Oxford and Tiffin accounted for most of
the participants in those areas. The North Liberty participation rose to 14 percent of the
total, compared to 9 percent last year. The Oxford-Tiffin participation dropped to 9
percent of the total, compared to 11 percent last year. The percentage of program
participants from Coralville rose to 8 percent this year, compared to 5 percem in 1998.
In Hills, the percentage of participants dropped from 8 percent in 1998 to 1 percent this
year. The reason for that decline was the exclusion from this year' s data base of people
served by the Hills Family Resource Center.
Distribution by town
Lone Tree
1%
Oxford
5%
Other or unknown
Solon
1% 13%
Tiff in
4%
North Liberty
14%
Hills
1% Coralville
6%
bw a C~ty
53%