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Home My WebLink About2000-06-13 Correspondence CITY OFfiCE Iowa Ci~ Council 4!0 ~. ~s~o~ S~eet Iowa Ci~, ~ 52240 Dear Councilors: I am writing express my support for a local ordinance which would allow only those of minimum legal drinking age into drinking establishments. High risk underage drinking costs our community dearly in both the economic and social realms. Such an ordinance would save the City in enforcement and dean ,at> costs and increase the quality of life dox~rntow~_ for all citizens. Iowa City is one of very few communities across the state and nation that allows people below the minimum legal drinking age to enter bars. Despite the best intentions of bar owners, it is unxealistic to expect that under-age patrons will refrain from alcohol consumption once allowed entrance to the establishment. I feel we must do all we can to assist our young people in making healthy choices and allowing 18 year old access to bars is inconsistent with this philosophy. Iowa City prides itself on being a diverse and inviting community. Restricting access to under-age drinkers would drive a vital new late mght market for a population of approximately 10,000 University of Iowa students under the age of 21. It is time for Iowa City to do the right thing and promote healthy choices for our young citizens. Please restrict access to bars to those of minimum legal drinking age. Sincerely, Marjan Karr Frorn: J I MS U RATEK@webtv. net Sent: Monday, May 29, 2000 10:57 AM To: councjl@iowa-city.org Subject: Heinz Road There is a quirk about the road that strikes me as something simple that needs to be done. There is an abandoned railroad crossing that is marked with warning signs but no crossbuck signs. On the east are tracks that have been asphalted over that at one time led into the Proctor and Ganble warehouse. On the west side are tracks with trees growing up between the railroad ties! This is silly! Either post a sign that says "Aandoned Railroad Crossing No stop necessary" or asphalt it over. http://community.webtv.net/JIMSURATEK/MyWorldAboutMe http://www.eckankar.org/freeBook.html Did you know, the U.S. Social Security Board reports that 85 out of 100 retired ~nericans don't possess as much as $250? And only 2% are self-sustaining (the rest dependent on family, church, and the goverment). Do you want to know what the remaining 2% know? http://www.sixfigureincome/?227457 About the email I sent you, I am James Surratt, 133 Arabian Court, Iowa City, Iowa 52240-7205 Phone (319-351-4717. Marian Karr From: Honeysett, Adam [Adam_Honeysett@ed.gov] Sent: Thursday, May 18, 2000 5:41 PM To: 'council@iowa-city.org' Subject: 21 st Century Community Learning Centers Grants (IA) FYI -- > ..... Original Message ..... > From: Honeysett, Adam > Sent: Thursday, May 18, 2000 5:18 PM > To: 'gen.office@igov.state.ia.us'; 'greg.nichols@igov.state.ia.us'; > 'npayne@sso.org'; 'ted.stilwill@ed.state.ia.us' > Subject: 21st Century Community Learning Centers Grants (IA) > > I am pleased to inform you that schools in your state have been selected > for funding under the U.S. Department of Education's 21st Century > Community Learning Centers Program. > > The program allows schools to stay open longer to provide learning > opportunities for children and adults and offers youth tutoring and > homework help; academic enrichment; college prep activities; enrichment > including chorus, band, drama and the arts; technology education; drug and > violence prevention counseling; supervised recreational opportunities; and > services for youth with disabilities. For additional information, please > go to http://www.ed.gov/21stcclc/. > > The Department received well over 2,000 applications requesting a total of > approximately $1.3 billion for grants under this competition. > Approximately $185 million was available for funding highly-qualified > applications. > > Below, please find information relative to the first year funding level > (these are planned to be three year grants): > > * Akron-Westfield Community School District > 850 Kerr Drive > Akron IA 51001 > Contact Person: Lisa Nielson > (712) 568-1064 > lrnielsen@aw frontier.akor-westfield.kl2.ia.us > Estimated Fi?st-Year Funding: $200,417.00 > > * Columbus Community Schools * Marshalltown Community School District > 1004 Colton 317 Columbus Drive > Columbus Junction IA 52738 Marshalltown IA 50158 > Contact Person: Tom O'Toole Contact Person: Todd Redalen > (319) 728-2911 (515) 754-1151 > otoole@mail.columbus.kl2.ia.us tredalen@marshalltown.kl2.ia.us > Estimated First-Year Funding: $255,289.00 Estimated First-Year Funding: $768,689.00 > > * Iowa City Community School District * Perry Community School District > 509 S. Dubuque Street Administrative Center > Iowa City IA 52240 Perry IA 50220 > Contact Person: Joan Berg Contact Person: Ellyn Wrzeski > (319) 339-6800 (515) 465-4656 > vandenberg@iowa-city.kl2.ia.us wrzeskie@perry.kl2.ia.us > Estimated First-Year Funding: $192,055.00 Estimated First-Year Funding: $593,300.00 > > * Maquoketa Community School District * Storm Lake Community School District > 612 South Vermont 419 Lake Avenue > Maquoketa IA 52060 Storm Lake IA 50588 > Contact Person: Helen Snell Contact Person: Larry Parman > (319) 652-5157 (712) 732-8060 > hsnell@mail.ms.maquoketa.dl2.ia.us lparman@storm-lake.kl2.ia.us > Estimated First-Year Funding: $353,000.00 Estimated First-Year Funding: $393,419.00 > 1 DANIEL L. BRAY ' 710 WESTSIDE DRIVE IOWA CITY, IOWA 52246 (319) 351-6580 Mayor Ernie Lehman ' 1 $ Civic Center 410 East Washington ~i~ ~A~'S O[[[~E Eowa City, Iowa 52240 Re: Westside Drive Neighborhood Association Dear Mayor Lehman: Thank you for final vote to approve the planning portion of our grant application. I understand the concerns you raised at the meeting. Indeed, they are my neighbor's concerns as well. Sometime when you have a free moment, please walk with me around the detention basin. I would like to acquaint you with our wonderful neighborhood, and our problem. After the meeting on Tuesday night I wrote Eleanor Dilkes requesting that she gather together all of the flowage and detention basin easements and agreements for us to study in a unified way. I am enclosing a copy of the letter which I sent her. My preliminary reading of this Easement Agreement which Eleanor provided at the meeting leads me to conclude that the neighbors are doing their part in maintaining the facility. Stopping the silting of the soil, its cost and responsibility, was left to be handled between the developer and the city. I am a firm believer that the problem cannot be solved until the right question is asked to define the problem. At this point we are not trying to solve a problem, but rather define it. We look forward to your continued support and thoughtful comments. VerX truly yours, ~Brhy~ DLB/kkm cc: Alsatia Melecker Kay Mescher Lucille Gaudet Le~an. 0 0 1. wpd COPY FOR YOUR INFORMATION DANIEL L. BRAY 710 WESTSIDE DRIVE IOWA CITY, IOWA 52246 (319) 351-6580 May 17, 2000 Eleanor Dilkes City Attorney 410 East Washington Street Iowa City, Iowa 52240-1826 Re: Westside Drive Neighborhood Association Dear Eleanor: Thank you for expressing your lawyerly interest in the Storm Water Detention Facility north of Westside Drive. While the information you provided the city council was useful, it is not complete. The Easement Agreement you provided to the city council covers only the western portion of the detention facility (lots 12, 13 and 14) and does non include the easterly lois I!, 10 (or 9 if applicable). Would you please provide me wizh a copy of all easement agreements for the east end of the Storm Water Detention Facility? I will share these with the Neighborhood Association. The Easement Agreement for lots 12, 13 and 14 appears to do two things. It first grants a Storm Water Detention Facility Easement and second assigns specific obligations or rights to the parties to the agreement. Some of these rights can be transferred ~i3 Smith-Moreland Properties to its successors and interests and assigns, and some of them appear to be perpetually specific to Smith-Moreland Properties. The sixth paragraph of the Easement Agreement states, "S-M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in, and furthermore, S-M and its successors and interests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas." In the eighth paragraph, "maintenance" by successors and interests is defined, which does not include a prohibition or an affirmative obligation regarding the filling in and silting in of the storm facility. This obligation appears to be perpetually specific to Smith-Moreland Properties. Indeed, the city retains the right to enforce the terms of the agreement (as opposed to the easement) to perform emergency maintenance on the facilities at Smith-Moreland's cost, without notice. A transfer of this cost to successors in interest is not contemplated by the Agreement. Eleanor Dilkes May 17, 2000 Page 2 Since I do not have the easement agreement for the east end of the pond, I am unable to make a final conclusion, but it appears to me that Smith-Moreland Properties has an agreement in perpetuity with the city to keep the storm water control facilities from filling in. When I bought my condominium at Park Edge there was no assignment of this obligation from Smith-Moreland Properties to me as an individual property owner or condominium association. Indeed, the condominium owners, consistent with the Easement Agreement, have faithfully and enthusiastically done their part in maintaining ground cover and keeping the basin and conduits free of debris. To my knowledge this is the only maintenance obligation binding on us as successors, inEerests and assigns of Smith- Hoteland Properties. in addition to the detention basin easemenEs I think it would be helpful if you can locate and provide to the neighborhood association copies of any flowage easements or storm water deEention facility easements covering the inflow area between Plaenview and Abbey Lane and the inflow area between P!aenview and Weszside Drive. I am deeply concerned that the easements and related agreements for this single conEiguous water flowage and deEention area may be different and thereby confuse the problem even more. Any documents you provide me will be shared with the entire Westside Drive Neighborhood Association. Thank you for your interest in our problem. We look forward zo working with the ciEy to solve it. DLB / kkm cc: Mayor Ernie Lehman Karen Franklin Smith-Moreland Properties AlsaEia Mei!ecker Jerry O' Brien Matt Petersen Todd Case Joe Ward Kay Mescher Lucille Gaudet Carol Jefferson Phillip Leff Di!kes. 001. wpd DANIEL L. BRAY 710 WESTSIDE DRIVE IOWA CITY, IOWA 52246 May 2 2, 2 0 0 0 (319) 351-6580 Mayor Ernie Lehman Civic Center 410 East Washington ~ MAY 2 4 2000 Iowa city, Iowa 52240 Re: ..tsiae D=ive .e g o=hood A..oc at on CITY MANAGER'S OFFICE Dear Mayor Lehman: With my lette: ~ am enclosing a copy of a set of the easements that ~ was able to find regarding the Sto=m Ware= Detention Basin north of ~estside Drive. ~ thought these might be of interest to you. Xt appears that the 1983 easements and the 1986 easements are all stand alone items and have to be viewed totally, Of greatest interest to me was resolution numbe= 96-208 in which you joined the majority. In that resolution you voted to "find it is in the public interest to preserve valuable park land in the area and to allow the existing storm water detention facilities in the area to be used by surrounding developments for the purpose of storm water management." The PIN Grants put forward by the neighborhood association were to enhance this area consistent with the park land by providing prairie grass plantings and consistent vegetation. Because of the high volume of work that you are doing on behalf of the city, it would be easy to overlook this resolution four years later. I would however ask you to take a fresh look at these matters. I think the decision to deny the neighborhood $2,900 in PIN Grant money is not consistent with the public policy already established governing the area. If you feel that this letter and the easements are something that should be distributed to the other members of the city council, please feel free to do so. I am renewing my request to go for a walk with you. I would enjoy the opportunity of your company on a walk around the basin. Let's find the time to take a walk together. Ver truly yours, el L. Bray DLB/kkm Enclosure cc: Eleanor Dilkes Marcia Klingaman Jerry Hanson Lehman.002.wpd 'y, ~ , ~ " " ' "" ~4: '~" .,... CITY OF I0 WA CITY ~ :~ "~' :~' STATE OF IOV~A~ JOHNSON COUNTY / City ~"~ hereto is a [rue and correct copy of the Resolution No. Council of Iowa City, Iowa, at a regular meeting held on the 16th day of July t~ %,, .;~ same appears of record in my office. ~ . ... Dated at Iowa City, rowe. this 23~d day of July, 1996- { - . , . , ~. '~ Mane - City Clerk :. ~. ::- ,;: ','.~3i ,,~st ~.~9 :' : ,~: , ' , 7! , prepared by: Sarah E. Holecek, Assl City Atty., 410 E. Washington SL, Iowa City, IA 319-356-5030 · !,., ; RESOLUTION NO. " ! RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO .. ': ~ ~ ~; '>'i ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT BETWEEN ; ~' WEST SIDE PARK AND PARK WEST SUBDIVISION CONCERNING STORMWATER ;. t MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION, PART ONE, IOWA '~ CITY, IOWA, AND A DRAINAGE FACILITY EASEMENT AGREEMENT BETWEEN WEST SIDE PARK AND THE CI.'PI' OF !OWA CITY FOR THE INSTALt_ATION AND · MAINTENANCE OF A DRAINAGE STRUCTURE TO FACILITATE THE USE OF THE '. ;~ WEST SIDE PARK STORMWATER MANAGEMENT FACILITY BY TY-N-CAE \ \\ ,~ .. SUBDIVISION. ' I .... i1~ WHEREAS, on July 2, 1996, the City Council approved an Amended Escrow Agreement ~ between the City and West Side Park Subdivision which required the Developers of West Side F,,~ Park to grant those easements necessary to facilitate the use of the existing Stormwater Detention Basin within West Side Park by Park West Subdivision and by a portion of Ty-N-Cae Z'~rr 'v Subdivision; and ,25L1,,~ WHEREAS, it is in the public interest to presevNe valuable parkland in the area and to allow the , existing stormwater detention facilities ~n the area to be used by surrounding developments for 't'~}- , purposes of stormwater management; and O~ 38 ~ . "E WHEREAS, the attached Stormwater Detention Facility Easement Agreements permit the ~ Developers of Park West Subdivision and Ty-N-Cae Subdivision to utilize the existing stormwater management basin within West Side Park Subdivision. ".' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA '- CITY, IOWA, THAT: 1. It is in the public interest to execute the attached Stormwater Detention Facility Easement Agree~nents to permit the Developers of Park West Subdivision and Ty-N- Cae Subdivision to utilize the existing stormwater management basin within West Side '~ Park Subdivision. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the attached Stormwater Detention Facility Easement Agreements. 3. The City Clerk is authorized to certify and record a copy of this Resolution, along with the attached Stormwater Detention Facility Easement Agreements, in the Office of the Johnson County Recorder at the expense of Smith-Moreland Properties. Resolution No, 96-208 Page 2 It was moved by Norton and seconded by ~ Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X __ Kubby X __Lehman X __ Norton ×. __ Novick X. __ Thornberry X Vanderhoef Passed and approved this 16th day of ,1Hl.~ __, 1-396. MAYOR T/Gh~F'n'~"2' T/hA~''~ v:'. 2137 ,'~ce 124 "; STORMWATER DETENTION FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Park West Subdivision, Inc., an Iowa Corporation (hereinafter referred to as "Park West"); Smith-Moreland Properties, an Iowa General Partnership (hereinafter referred to as "S-M"); and the City of Iowa City, Iowa, a Municipal Corporation (hereinafter referred to as "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar and other valuable consideration, receipt of which is hereby acknowledged, S-M hereby grants and conveys to Park West an easement for the purpose of using and op- erating existing stormwater control facilities and storage areas otherwise known as a "Storm Water and Management Basin" over and across the areas designated as "Stormwater Detention Basin Ease- merit" on the following-described real estate located in Johnson County, Iowa: Lots 12, 13 and 14 of West Side Park Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 24, at Page 45, of the Records of the Johnson County Recorder's Office. S-M further grants Park West the right to use and operate said easement areas for stormwater management only, and for no other purpose. Neither S-M nor Park West shall erect or construct any building, fence or other structures in said easement area, plant any trees, drill or operate any well on said easement area; or construct any obstructions on said easement area. S-M and its successors and interests and assigns shall main- tain the easement areas from weeds and debris. S-M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in, and furthermore, S-M and its successors and inter- ests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas. S-M covenants with Park West and City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful righi-. to convey it or any part thereof. It is further agreed that S-M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities- The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities or the easement areas. However, the City shall have the right, but not the obligation to enforce the terms of this agreement and to perform emergency maintenance upon the facilities at S-M's cost without notice. In consideration of this agreement, pursuant to the Amended Escrow Agreement between Park West Subdivision Inc. and the City ;,. of Iowa City, Iowa, concerning storm water management obligations '. for Park West Subdivision Parts I-IV, the City agrees to return to Park West $60,000.00 of the previously placed Escrow and that the remaining Escrow shall be retained by the City to cover the costs of improvement to the existing West Side Park Stormwater '." Detention Facility necessitated by the use of said facility by Park West, as set forth hereinabove. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title :'% to the land. DATED this ]6th day of July , 1996. CITY OF IOWA CITY, IOWA Attest: ' MarWan K. Karr, City Clerk ¢~e Kroeger, President & Secretary SMITH-MORELAND PROPERTIES, .. By: J~n W. Moreland, Jr. General Partner Sa~dra J. 7~oreland General Partner -. '~. 2137 ~'~cr l'~ .. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1o day of -JuL~ , 1996, before me, the undersigned, a Notary Public in ~nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation; that, said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corpo- ration; and that Naomi j. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa ) SS: JOHNSON COUNTY ) On this ,/J day of! , 1996, before me, the undersigned, a Notary Publft~in a~d for the State of Iowa, per- sonally appeared Gene Kroeg~r, to me personally known, who being by me duly sworn did say that he is the president and secretary of the corporation executing the within and foregoing instrument that no seal has been procured by the corporation; that said in- strument was signed on behalf of the corporation by authority of its Board of Directors; and that Gene Kroeger as officer acknowl- edged the execution of the foregoing instrument to be the volun- tary act and deed of the corporation, by it and by him voluntar- ily executed. ~ot~ry Public in a~Ifor the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) · , ~ -- . . ~ ' , - ~ ~ ~.s s sonally known, who being by me duly sworn, did say that the per- sons are the partners of Smith-Moreland Properties, an Iowa Gen- eral Partnership, and that the instrument was signed on behalf of the partnership by authority of the pa:tners; and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners volun- tarily executed. ,~ss~e:.~sx,~S N ary Pub~j :in and/for the u~'~j State of IoWa q:%mk~nk4L37aO385rst STORMWATER DETENTION FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Smith-Moreland Properties, an Iowa General Partnership (hereinafter referred to as "S-M"); and the City of Iowa City, Iowa, a Municipal Corporation (hereinafter referred to as "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar and other valuable consideration, receipt of which is hereby acknowledged, S-M hereby grants and conveys to the City an easement for the purpose of using and op- erating existing stormwater control facilities and storage areas otherwise known as a "Storm Water and Management Basin" over and across the areas designated as "Stormwater Detention Basin Ease- ment" on the following-described real estate located in Johnson County, Iowa: Lots 12, 13 and 14 of West Side Park Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 24, at Page 45, of the Records of the Johnson County Recorder's office. S-M further grants to the City the right to use and operate said easement areas for stormwater management only, and for no other purpose. Neither S-M nor the City shall erect or construct any build- ing, fence or other structures in said easement area, plant any trees, drill or operate any well on said easement area; or con- struct any obstructions on said easement area. S-M and its successors and interests and assigns shall main- tain the easement areas from weeds and debris. S-M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in, and furthermore, S-M and its successors and inter- ests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas. S-M covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. It is further agreed that S-M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities or the easement areas. However, the City shall have the right, -: Z ..~,.-'>. ; . '.i :.. .:. ~: ~ ~. ~ -, · , · ;,; , '~ .,' : , .Y ' . . .. . ~:~: . !' - , .' ."" . ' ":: ':' ""'-.:!.5.~:? .:4': ;:,.~:.' ::/' ,;-;'~[ :' .' ;'" :::i.' :'. ':":': 'ii-":: ' ~ """-':* ~";;: :;!' :: ":/':'*'~':';' :':'::'...':~~::~*'_..:, ": .~_' '.' '::._:' .'" , .: '.':-:7':;"~ ' ! ":.':; "' *.;: >' ~ '. i:' ';i-:'~:~'-:"'i :' : 'Z /: -."' ,'.: : .'.:; /,i~' -x; -'-::. ',.: w · -.~! ~.,' '-:, ..-.:"'.::i~**': % :; :; !',, :2: ::'.' - . -4, z. , :':.,w ?-:; - '. ,: ": y:t;,i...:,. ~:.... ': ' '-'~,"':.i ..;* ' .: 'i, ~ '-!:;.~;.~t..:!-.: ..:. ;: ,_~:<_ : :, . .: ." ' :;' ' V: :~ :' -:' ~';'~¢'t: ' "'~: '-*%~" ' ' ~'/ "":' ""'!""'"""~ "'*"' "'""': '; ;.'~*';' ::,' 4' -': .;,.. :. .;.... ~- % ' ':.:/'~ '.:~.2: {:,: '..-:~** ',~,' .., ,, . / -, } 't;,.~, : ,5 .: .. ,~ ...:.'..{. ........... :':; ---. . but not the obligation to enforce the terms of this agreement and " ,. tO perform emergency maintenance upon the facilities at S-M's cost without notice. This Agreement shall inure to the benefit of and bind the · successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this 8%tt] day of ~C/(.~c-~)h , 1996. e0.~,o0F, AiE SEAL CITY OF IOWA CITY, IOWA Attest: Marlan K. Karr, City Clerk /' '( -". ~ SMITH-MORELAND ;:';"" j'X..i::' ,."-.7: By: /Ii.,,,:'/,.',: (V'/'; I'c'L,///"?-".'(,//" Sandra J, N~reland General Partner STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ' On this ~ ~ I day of ~L/~;~i 1996 before me, the undersigned, a Notary Public i nd ~or slid CoUnty, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal ~ .~ '! ! corporation by authority of City council of said municipal corpo- · ; ration; and that Naomi J. Novick and Marian K. Karr acknowledged '~ ~ ! , the execution of said instrument to be the voluntary act and deed i . of said municipal corporation and by them voluntarily executed. / Notary Public in an for the State of Iowa ] · i ~j JOHNSON COUNTY ) · · h :: on thisday e .. '~: dersigned, a Notary Public ~n e o · j ~i' peared John W. Moreland, Jr. and Sandra J. Moreland, to me per- - ~. sonally known, who being by me duly sworn, did say that the per- sons are the partners of Smith-Moreland Properties, an Iowa Gen- eral Partnership, and that the instrument ~,,as signed on behalf of -' the partnership by authority of the partners; and the partners .' acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners volun- tarily executed. ~ ~ . Notary Public in and for the i . State of Iowa STORM SEWER AND DRAINAGE EASEMENT THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa corporation, of Iowa City, Iowa, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their successors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such storm sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for con- veying storm water with all necessary appliances and fittings for use in connection with said pipe lines, together with ade- quate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across all the area described as "storm easement" on the final plat of WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills ~or such g~ading into and on said lands along and outside of said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Par- ty may be a hazard to said lines or may interfere with the ex- ercise of Second Party's rights hereunder in any manner. 68 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns :of the respective parties here- to, and all covenants shall apply to and run with the land. H~ST SID~ CO., an Iowa corporation.: CO FO A'rE'S,SA By:" Charles A. Barker, Secretary CITY OF IOWA CITY, IOWA .. BY: ~ an ~. ~' '~y Clerk 1 Karr, Re¢eived & Ap~-ov,~ 9 B~/~ke ~gat Deperm~nt JOHNSON COUNTY ) on this day of ~(flL.~C~L~ , 1983, before me, the undeTsi~ne~j, a Notary ~ublic ~n and for the S~ate of ~owa, personally appeared ~arl M. ¥oder and Charles A. Barker, to me known, who, bein9 by me duly sworn, dLd say that the~ are the ~resident and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) on this ~t~ day of ~~ , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. State of Iowa. THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa corporation, of Iowa City, Iowa, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their successors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby~ grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for con- veying sewage and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate pro- tection therefore, and also a right of way, with right of in- gress and egress thereto, over and across all the area de- scribed as "sanitary easement" on the final plat of WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Par- ty may be a hazard to said lines or may interfere with the ex- ercise of Second Party's rights hereunder in any manner. -2- ' ' :!' 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. WEST SIDE CO., an Iowa corporation EAL - dent Yd B~: Char, Secretary CITY OF IOWA CITY, IOWA M Neuhauser, Mayor M Karr, City Clerk Re~ed I App~v~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ). the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. No or the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. State of Iowa. STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa corporation, of Iowa City, Iowa, hereinafter referred to as "Subdivider" and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of One Dollar ($1.00) and other valuable con- sideration, the receipt of which is hereby acknowledged by the Su~divider, the Subdivider hereby grants to the City an ease- ment for the purpose of operating and maintaining a storm water control structure and storm water storage area or otherwise known as a storm water detention basin over and across the following described real estate: Commencing at the N ~ corner of Section 20, T 79 N, R 6 W of the 5th P.M., Johnson County, Iowa, and the point of beginning; thence due south, 242.62 feet along the west line of the NE ¼ of said Section 20; thence N 89° 35' 04" E, 1328.06 feet to a point on the east line of the W ½ of the NE ~ of said Section 20; thence N 0° 05' 29" E, 241.83 feet along said east line to the NE corner of the NW ~ of the NE ~ of said Section 20; thence S 89° 37' 07" W, 1328.44 feet along the north line of said Section 20 to the point of beginning. Said easement containing 7.39 acres more or less. Subdivider further grants to the City the following rights in connection with the above: 1. The right of ingress and egress thereto over the ex- isting storm sewer easement and from the adjoining dedicated street right of way. 2. The right to grade and regrade the area included with- in the storm water detention basin provided that the City shall promptly reseed any areas upon which such grading and regrading has been accomplished. 3. The right from time to time to trim and cut down and clear away all trees and brush within said storm water de- tention basin which now or hereafter, in the opinion of the City, may interfere with the natural passage of the storm water through the storm water storage area, Provided that any damage to the storm water storage area shall be promptly repaired by the City. of the rights herein granted; provided that the Subdivider or its successors in interest shall not erect or construct any buildings, fences, or other structures or obstructions on said areas, or substantially add to the ground cover on said areas. 5. Subject to the easement rights granted the City, the owners of Lots 9, 10, 11, 12, 13 and 14, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, whether said lots be improved or unimproved, shall keep such lots free from weeds and debris and shall maintain the entire lot so as to minimize erosion in and around said control structure and storm water storage area. 6. The Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described and that it has a good and lawful right to convey the same. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. DATED this C-~~ day of ~,'~~t , 1983. WEST SIDE CO., an Iowa corporation ..... B · ~ P By: Charles A. Barker, S~ecretary CITY OF IOWA CITY, IOWA M Neuhauser, Mayor Mar~an K. Karr, CIty ler STATE OF IOWA ) ) SS: JOHNSON COUNTY ) on this ,>~L day of kLG,~C.~lC6cL,~, 19ss, before me, the undersigneT, ~ Notary Pu ic in and ~or the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. State of Iowa. STATE OF IOWA ) ) sS: JOHNSON COUNTY ) On this [~FA day of ~~ 1983, before me, the under~i~ed, a Notary Public in and fo; the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary ~iic in~d for the State of Iowa.' DANIEL L. BRAY 710 WESTSIDE DRIVE IOWA CITY, IOWA 52246 (319) 351-6580 June 1, 2000 ~'~ .-, Mayor Ernie Lehman ~:-z'. _. Civic Center 410 East Washington Iowa City, Iowa 52240 C~:::::: Re: Westside Drive Neighborhood Association Dear Mayor Lehman: In addition to requesting the city to review the easements had my law student undertake the same task. With my letter please find a copy of his memorandum concerning the easements he found and their relationship to one another. I previously provided you with copies of the 1993 and 1996 easements. His search turned up no others pertaining to the issue. We have this problem because of a failure to appropriately plan a wet detention basin in this development. I hope that the city will engage in a constructive and positive dialogue with the neighborhood to remedy this planning oversight and to keep a resource that's important to the city as well as to the neighborhood. We look forward to continued discussions. DLB/kkm Enclosure cc: Mike Kennedy (informational) Smith-Moreland Properties Jerry O' Brien, Committee Chair Alsatia Mellecker, Long-Term Planning Committee Chair Eleanor Dilkes, City Attorney Rick Fosse, City Engineer Karen Franklin, City Planning Lehman. 004. wpd MEMORANDUM P-ii '. .... TO: Daniel Bray ..... ':' ' ~ ' FROH: R. Scott Finleyson RE: Westside Drive Neighborhood Association DATE: May 30, 2000 I found three easement agreements affecting the stormwater detention facility plus one storm sewer easement related to the facility. On the face of each easement agreement, it is a "stand alone" easement and does not reference or modify or revoke prior easements, or agreements except as I have noted in this memo. For example, in 1996 Iowa City imposed continuing personal responsibility to the general partners of Smith-Moreland Properties regarding the cost of emergency repair of the facility and a continuing duty not to fill in the basin or permit the facility to be filled in. However, this imposition of a duty on Smith-Moreland Properties did not relieve the City from its prior duties under the 1983 easements. Note that the 1983 easement agreements cover the entire basin and the 1996 easement agreements cover only the west end. It is not clear why. The 1996 easement agreements were approved by the City Council in Resolution 96-208. In that resolution, the city found that it is in the public interest to preserve valuable parkland in the area and to allow the existing stormwater detention facilities in the area to be used by surrounding developments for the purposes of stormwater management. This would imply that as late as 1996 the City understood it controlled the development, maintenance and use of the facility for the public good. This policy statement is consistent with the duties the City affirmatively assumed in 1983 and still retains today. I searched for additional easements at the Recorders Office for lots 9, 10, 11, 12, 13 and 14. The following is what I found: A. There are no other existing easements or agreements affecting the 1983 or 1996 easement agreements. This means that lots 9, 10 and 11 are affected only by the original 1983 easement agreement, because the 1996 easement only refers to lots 12,13 and 14. B. Other easements for the lots in question include: lot 9 sidewalk easement (Book 2221/0044), lot 12 sidewalk easement (Book 2647 page 0237), lot 9 sidewalk easement re sub (Book 1567 page 0202), lot 12 side walk easement re sub (Book 1598 page 0091), lot 14 sidewalk easement (Book 1602 page 0082), lot 11 sidewalk easement iBook 1894 page 0311), lot 10 sidewalk easement (Book 1905 page 0023), lots 10 and 11 common drive easement (Book 1746 page 0033) and an airspace encroachment affidavit (Book 2409 page 0043). The non-revoked and original 1983 storm water management easement (Book 675 page 74) allocates duties and responsibilities for the storm water basin as described in the following paragraphs. The City of Iowa City has the responsibility of operating and maintaining the basin, and in conjunction with that maintenance, the City can grade and regrade the basin, provided the City reseeds after such grading. This responsibility to grade and regrade covers the entire basin, including the underwater bottom. The City must trim and cut down any brush which interferes with the normal flow of the entire basin, provided any damage to the area is promptly repaired by the City. These duties are not assigned or transferred of record from the City ~o any other entity. West Side Co.and its successors in interest and assigns have the responsibility of not erecting any structures or substantially adding to the ground cover of the easement area. 2 Owners of lots 9, 10, 11, 12, 13 and 14 and their successors in interest have a duty to keep their respective lots free from debris and maintain their lot as to minimize erosion. The first 1996 easement agreement (Book 2137 page 125) was between Park West Subdivision (a neighboring subdivision not assigned any duties under the 1983 easement), Smith-Moreland Properties (who apparently acquired the property from West Side Co.) and the City of Iowa City. The second 1996 easement was between Smith-Moreland Properties, and the City of Iowa City. The 1996 easement agreements only apply to lots 12, 13 and 14 (and not 9, i0 and il). These duties and responsibilities are described in the following paragraphs. The 1996 easement agreement assigns personal duties solely to the general partners of Smith-Moreland Properties (paragraphs 5 and 7), and those duties do not follow to assigns or successors in interest of Smith-Moreland by terms of the 1996 easement agreement. No other documents were found which clearly transfer or assign these personal obligations of the general partners. Smith-Moreland alone under the 1996 easement agreement assumed the responsibility of not filling in or allowing the basin to be filled in. Smith-Moreland alone agreed to reimburse the City for any emergency maintenance the City performs on the basin. Smith-Moreland and its successors in interests must keep adjacent land and the basin and conduits free from debris and maintained as to minimize erosion. The owners of lots 12, 13 and 14 and their successors in interest have maintenance obligations only for mowing and minimizing erosion. Under the 1983 easement agreement, the City accepts responsiblity that the basin would be kept at the optimum depth when it agrees to grade and regrade the basin (implying the regrading of submerged land by removing silt). The City's maintenance obligation is affected 3 somewhat by the 1996 easement agreements which assigns a duty to Smith-Moreland Properties (not referencing successors in interest and assigns) not to fill or permit the basin to be filled in. The City may assess costs to Smith-Moreland Properties. These duties are not assigned or transferred of record from the general partners of Smith- Moreland to any assigns or successors in interests. I have searched for easements or covenants held by the Recorder's Office. This memo may be affected by agreements non found in my search. DLB/rsf J: \MEMOS\FROM rsf\westside .memo004. wpd June 5, 2000 Mr. Daniel L. Bra~ Wests e Drive Iowa ~ity, IA ~22~ Re: Westside Drive Neighborhood Association Dear Dan: I have received your letter of May 17, 2000. Your conclusion that the obligation to prevent the facility from filling in is a perpetual one specific to the developer not only requires a strained construction of the specific language of the 1996 easement but completely ignores the final paragraph of the easement which states: "This agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land." Storm water management is required as part of the subdivision process. The need for storm water management, including the facility at issue here, is created by private development. Although City approval is required, ownership of the facility and responsibility for the functioning remains with the subdivider and its successors in interest. The City's interest in obtaining an easement is simply to assure the facility's continued existence and allow the City to repair the facility in the event the property owner fails to do so. Very truly yours, Eleanor M. Dilkes City Attorney cc: Ernest W. Lehman, Mayor Members of the City Council Karin Franklin, Director, Planning and Community Development Stephen J. Atkins, City Manager Rick Fosse, City Engineer eleanor/Itr/bray.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Inforrr'K::n~:~ for Ufe's Transitions May 15, 2000 ~ ~ Mayor Ernie Lehman City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Mayor: As I know Steve has told you, Marry Kelly announced his plans to retire at the ICAD board meeting last Friday. A copy of the public announcement is enclosed. Steve Arkins is one of the people who will serve on the search committee for a new President, along with Kelly Hayworth, City Administrator of CoraMIle, Vicki Lensing, Lensing Funeral and Cremation Services, and John Wetzel, MidAmerican Energy Company. I've enclosed a copy of the draft position description, based upon our new strategic plan. Please let Steve or others know if you have recommendations to improve the position description or thoughts to share about the recruitment and selection of a new ICAD executive. Marry and the ICAD board members are committed to conducting a very smooth transition to new leadership, and keeping economic development in the Iowa City area at the forefront of area priorities. We will keep you and the council apprised of our progress in the search and look forward to working with you more closely in the future. Sincerely, Rose G. Rennekamp Vice President, Communications, ACT, Inc. ICAD Chairperson, 1999-2000 cc: Marty Kelly, ICAD Search committee members 2201 North Dodge Street P.O. Box 168 Iowa City, Iowa 52243-0168 319/337-1000 www.act.org NORTH LIBERTY, IA 52t7' CITY RIANAGER'S OFFICE May 12, 2000 Ernie Lehman, Mayor ~ ~ Iowa City Council City Hall ~ ~ Iowa CI~, Iowa 522~ Dear Mayor ~hman The Devonlan Fossil Gorge was discover~ a~er the t993 fio~ when the Iowa ~ver went over the dam at the CoQIville resewoir. Since thM time nearly one million ~ople have vlsit~ the site to se the results of the fio~ and the exposure ~ the ~ssils from 375 million years ago. A group was ~rm~ for the prese~ation of the gorge to educate vislto~ and the I~al school children about our area during the formation ~ Iowa In the Devonlan time ~. A yew ni~ area has ben planned and is under constm~lon which will not only ~Mte ~ple on the formation ~ this area but will give them a visual I~k at what was here during that time. Nea~y ~0,000 has ben rais~ to date and we are ve~ close to our goal ~ giving the ~blic a wo~hwhile place to visit In the Iowa Ci~ area. Many people~ buslnesses~ and communities felt this was a project wo~h merit and have donat~ to It. At this point we n~ under $50~000 to ~t the proJ~ on a sound fMting. Br~hures will be print~ and dist~but~ in the area about the gorge to ~ucate visitors on one more a~ra~ion In the Iowa Ci~ area. Since this is an Iowa City attraction and will bring visito~ to the area and give them a reason to stay awhile~ I thought, you would ~ eager to put the proJ~ over the top and ~ one ~ the pred s~nso~. VeW truly yours Kent Angerer D~ONI~ GORGE FUND ~ISER /~~ L MAY 18 ZOO0 _ CITY MANAGER'S OFFICE ® Big Brothers Big Sisters 4265 Oak Crest Hill Rd SE of Johnson County Iowa City, Iowa 52246-5881 319-337-2145 Phone 319-337-7864 FAX email:xlcurtin~exnet.iastate.edu May 17, 2000 ~ Dear Members of the Iowa City City Council: It has been my pleasure to work with you during my tenure as Executive Director of Big Brothers Big Sisters of Johnson County. Your support of our program has enabled us to serve more children and families. I will be leaving my position June 2"d. Karla Miller will be assuming the leadership position at our agency. She has skills, energy and enthusiasm that will be assets to Big Brothers Big Sisters. On behalf of the children, thank you for your support. Sincerely, Barbara Curtin Executive Director A YOUTH PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE And justice for all ...The Iowa Cooperative Extension Service's programs and policies are consistent with pertinent federal and state laws and regulations on non-discrimination, regarding race, color, national origin, religion, sex, age and handicap. May 15, 2000 Mayor ernie Lehman ~ ~/~y 16 2BBB Iowa City Council c/o City Clerk 410 E. Washington St. ~IT~MANJ GER'S OFFICE Iowa City, IA S2240 Dear Mayor Lehman: I am writing on behalf of the residents of East Court St., between Summit St. and Muscatine Avenue in the Longfellow neighborhood. Last summer and fall, residents of this portion of Court St. met twice with Doug Ripley, then in charge of the Neighborhood Traffic Calming Program, to discuss ways to alleviate the speed and volume of traffic on this section of Court St. Mr. Ripley suggested a traffic survey of the street, which was performed last summer. The traffic count in that 24 hour period was 3600 cars per day, which exceeded the 3000 car limit imposed by the City Council for the traffic calming program. Dismayed by the result, residents again met with Doug RipIcy, who told us that the only way to qualify for the traffic calming program at this point would be to directly petition the City Council for an exemption to the 3000 car per day limit. Throughout the winter, Sue Fuortes (1119 E. Court St.) and I (1133 E. Court St.) canvassed all the property owners on or facing this section of Court St. We obtained signatures from all but 5 of the over 40 properties on the street -- 3 owners could never be contacted, while only two residents of the entire street declined to sign the petition once contacted. I have enclosed the original and copies of the petition for distribution to other City Council members. I also attended the fall 1999 board meeting of the Longfellow Neighborhood Association, and got the full backing of the Neighborhood Association governing board for our efforts to qualify for the Neighborhood Traffic Calming program. After finishing the petition drive, I discovered that Doug RipIcy was no longer working for the city. I called the traffic engineering department, and they suggested I send this petition directly to you for consideration by the Council. At this point, neighborhood residents have no specific plan for traffic calming or actions that we are requesting the city to take. We simply want to be included in the program, and to be able to consult with traffic engineers to determine what, if any, actions would be appropriate for our street. This section of Court St. was not ever designated as an arterial street, but has become a cut-through for cars not wanting to use Burlington Street to get to Summit Street liom the east. As the residents of the street can attest, both the volume and especially the speed of the cars on the street have been escalating over time. The street is narrow and there is no parking on the south side, increasing the danger from speeding cars only inches away ~'om sidewalks and lawnmowers. The curbs have disintegrated or disappeared entirely on much of the street as well. One resident we met complained of cars running off the road into her front yard because of the proximity of the traffic and lack of adequate curbs. Other elderly residents spoke of not being able to back their cars out of their driveways because of the increased traffic, and their fear they would have to quit driving prematurely as a result (almost all the garages on the street are accessed from the street, not alleys behind the houses). Families with children worried about their kids falling off bicycles or skates and landing too close to the street (in fact, a Longfellow 1 st grader on a bicycle was struck by a car on this section of Court St. last summer). I would be happy to meet with the City Council to discuss this issue further and present evidence of the severity of the traffic problem, residents' perceptions of its effects on their daily lives, and how the street fits into the Neighborhood Association's traffic plan. We realize that cars will always want to use our street, but we want a reasonable method to systematically reduce their speed and increase the safety of crosswalks and pedestrian/bike traffic as well. The Traffic Calming Program was intended for just such purposes, and we respectfully petition that our street be included in the program. Sincerely, 1133 E. Court St. Iowa City, IA 52240 356-0140 cc: Steven Kanner, Dee Vanderhoef, Ross Wilburn, Mike O'Donnell, Connie Champion, Irvin Pfab We, the undersigned residems of Court Street in Iowa City, request that the IC City Council exempt the portion of Court St between Sumnit Street and Muscatine ~om the 3000 car per day limit to qualify for the Neighborhood Traffic Calming Program. NAME ADDRESS · ',_"')d;,h,:,-& /t~ If-- (L~:~-,.,4 ,~','_~/' 9' )f ~ (c~, ~t.~ t'~ ~ ~7, (~.~.,..,~_v~$52. -- c /~t 7'. "~.:Z ', .,':~ ~>(/~'-::--I &~'~; Z'~ ~' ,-. ~. ,. ( ....5~' ~' -~ ~'., ~'. :' L ",:~:'~ . , ,,. We, the undersigned residents of Court Street in Iowa City, request that the IC City Council exempt the portion of Court St between Summit Street and Muscatine fi:om the 3000 car per day limit to qualify for the Neighborhood Traffic Calming Program. 11/16/99 We, the undersigned residents of Court Street in Iowa City, request that the IC City Council exempt the portion of Court St. between Summit Street and Muscatine from the 3000 car per day limit to qualify for the Neighborhood Traffic Calming Program. NAME ADDRESS POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 May l2,2000 Ernie Lehman, Mayor Members of the City Council City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Ernie and Council Members: On behalf of the board members and staff of the Police Citizens Review Board, thanks so much for taking time to meet with us on May 1 to discuss issues that are of importance to the Board. We felt that it was a helpful and constructive meeting. We appreciate the support that you, other council members, and staff have provided. We were especially pleased that the Council expressed interest in developing criteria to use in deciding whether or not the PCRB should continue beyond the sunset date of August 1, 2001. Please know that we would be happy to participate in this process in any way that would be helpful. Again, thanks for your time and attention. Sincerely, John Watson Board Chairperson Cc: Steve Atkins owa Ci PU31ic Li'3rary 123 South Linn · Iowa City, Iowa 52240-1820 Susan Craig, Director · Information (319) 356-5200 · Business (319) 356-5206 · Fax (319) 356-5494 DATE: June 5, 2000 TO: City Council From: Mark Martin, Library Board President RE: Request for Joint Meeting The Library Board would like to schedule a meeting with you to discuss several issues. We have not had an opportunity to discuss the merits of leasing or selling the commercial space that will be built as part of the proposed library expansion. Our previous memo indicated our recommendation that the space be leased, and we would like to get a sense of how the council feels about the issue so we can respond to questions appropriately. The other issue we would like to bring up is parking for the Library. Convenient parking is the single most important access issue we hear about from library users. It was a high priority for the Library Board during discussions prioritizing building options. Choosing to maintain a single, central library for the present time-in order to minimize rises in operating costs-raises the issue of parking for many people. Our facility must be accessible to all citizens using a variety of modes of transportation. Safe, convenient parking, particularly for the elderly and persons bringing young children to the Library, is a requirement. We are well served at the current time by the surface parking lot directly across City Plaza from us and hope to confirm with the Council it's future availability for library users. The lot is very popular with many downtown users and produces over $80,000 a year in net income for the parking systems. When the new ramp opens on Iowa Avenue we hope that options can be discussed that will reserve some downtown parking, both surface and ramp spots, for library customers. We can be available to meet with you on Monday June 12 or 19. cc: Steve Atkins, City Manager 6 / ~ / oo ~~n/~ ,~ JUN 0 5 2000 I M CITY MANAGE 'S OFFIC[ Honorable Mayor and Coun : I understand that Iowa City is considering leasing airport acreage for business use. Leave real estate activity to real estate tycoons. Sell surplus land, finance airport operations through user fees, and reduce taxes accordingly. N-S-E-W is etched into pedestrian mall stonework but not Up-Down. If you drop somthing, it would be nice to know where it went. A public toilet that works would be preferable to a fountain that does not work. I want a four-face clock atop the kiosk at the Holiday Inn: the shadow of the building does not give the time on overcast days. The pedestrian mall was silly to begin with but we're stuck with it so fix it up right. Sell the Englert Theater to pay for added features. Robert G. Dostal 326 Douglass St. Iowa City, IA 52246 cc: Libertarian Party Mrs. Welty 'City Council Office .,st w,shi, o. Stre C!1'/MANAt]ER'S OFFICE Iowa City~ Iowa 52246 A~ention; Emeet W. L,'Lehman, Mayor (At-Large) "' Dear Sir: 'As. PIN Grant Chairman for' the newly formed Westsi~e Drive Ne~hborfi~d'. ASsociation I would like to express my ~mmittees appreciation to you and the rest the Council for your ~nsi~eration 0f our ~o grant proposals. We are ve~ grateful for the assistan~ that has been approved for ~s .by the Coundl. ~. As you ma~ know, this is the first year we have be~n organized as a neigh~rhoo~ and there is a lot for us to learn a~ut ou~ own neigh~o~o~ as well as how we ~n utilize the se~i~s that the City of Iowa City provides f~ us already. ~ile w~ are in this learning pd~ture, I hope 'you will understand our stadup zeal and o~ need' for information as we begin to make decisions about the shod and ong term needs of our l~tion in Iowa City a~d for .the peopl~ that' make up our heighborhood It was so ~ratifying to be there ~en the CounCil' voted to give us the sum of $4000 to stad ~ng term planniRg. With the help ofour Long Te~ PInning Committ~ Chalred by Alsatia Mellecker we will endeavor to use the available pro~ssional public resour~s and pr~essional private re~r~s to establish a r~listic Iong-ter~ plan. Hopefully with the ~mmittee is making the decisions we will arrive qt well ~ugbt' them will ~,tinue to be invaluable help.. Uarda ~ingaman's knowledge 0f resour~, and ability to work effectively with us along With your for approval of 'the 14000 will help our neigh~rho~ get off to a-"go~ stad',, We sin~rely wish' to be ~d neighbors with the rest of Iowa City. ' Sin~rely, ' . . lie Gaudet' ' '' '' Pin Grant Chai~an , ' ' Westside Drive Neighborhood-Association 538 Westside Drive ~- Iowa City IA 522~ " Phone: 337-7218 · CC: City Council members Marcia ~ingaman Designed by ~ne Marie Trechs~in · ~ Marjan Karr From: Allison Cink [AIlisonC@fyiowa.com] Sent: Thursday, June 01,2000 3:35 PM To: 'council@iowa-city.org' Subject: Iowa City Gazette Neighborhood Request Dear Mayor Ernie Lehman and Iowa City Council, The Iowa City Gazette will be hosting two Neighborhood Block Parties in the town of Iowa City this summer. The first one is in Northside at North Market Square Park on Thursday, July 20 and the second is the Longfellow Neighborhood at Longfellow Elementary on Thursday, August 3. Both of these events are 10-11:30 a.m. We would be honor if you, as the Mayor and City Council would be able to attend both of these events. This summer, The Gazette and Iowa City Gazette is sponsoring eight block parties in different neighborhoods in conjunction with our "In the Neighborhood" series. Each week a Gazette writer and photographer will develop a special two-page section, featuring the history, people and uniqueness of each neighborhood or town. So these two neighborhoods will be featured in a similar fashion. The same day the section runs in the newspaper, we sponsor a Neighborhood Block Party to provide residents an opportunity to visit with their neighbors and our staff members. We will supply free refreshments, entertainment, and activities for the whole family. The schedule of events for these block parties are as follows: - 10:00 a.m. A Iowa City Gazette storyteller will perform -10:30 a.m. A local a cappella group will perform -10:45 a.m. Information Question & Answer with the city government -11:15 a.m. A group photo will be taken for that Friday's newspaper Your role in this block party would be to speak at 10:45 to the neighborhood residents that attend this block party. We have the city councils give a brief explain of their jobs and things they are working on lately, and then open it up the floor for any questions people might have. We hope that you will be able to attend these two events to meet with your community members and our Iowa City Gazette staff. Please call me at (319) 268-8825 by June 15 to confirm your attendance. If you have any questions, please don't hesitate to call. I hope to hear from you soon, and hope you will be able to attend these two events. Sincerely, Allison Cink Marketing & Communications Gazette Communications The undersigned residents of Dodge St. CT agree with the recommendation of Mr. Jeff Davidson, Acting Traffic Engineering Planner, that no parking be allowed on the street. We respectively request that the "No Parking" signs remain on Dodge St. CT in order to ensure compliance. Thank you. Date Name Address Phone Number U City of Iowa City MEMORANDUM Date: May 31, 2000 To: City Clerk From: Jeff Davidson, Acting Traffic Engineering Planner ~.-// Re: Designation of metered parallel parking space in the100 block of N. Madison Street As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Unless directed otherwise by the City Council this action will occur on or shortly after June 14, 2000. Action: Pursuant to Section 9-1-3A(14) of the City Code, one metered parallel parking space will be installed on the west side of the 100 block of N. Madison Street. This metered parking space will be designated with a 30-minute meter term. Comment: This action is being taken in conjunction with the reconstruction of the metered parking area on the east side of the Iowa Memorial Union. A sixth metered parallel parking space is being added to the five existing spaces. The 30-minute meter term is consistent with the five existing spaces. City of Iowa City MEMORANDUM Date: June 2, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner Fie: Installation of Stop Sign at the Intersection of Pepper Drive and Sandusky Drive As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Unless directed otherwise by the City Council, this action will occur on or shortly after June 14, 2000. Action Pursuant to Section 9-1-3A(5) of the City Code, a stop sign will be installed on Pepper Drive at the west intersection of Sandusky Drive. Comment This action is being taken to assign right-of-way at the intersection. Pepper Drive is a local street and Sandusky Drive is a collector street, so it is appropriate for motorists on Pepper Drive to have to stop at this intersection. There are two intersections of Pepper Drive with Sandusky Drive; this is the west intersection. jw/mem/jd-pepper,doc City of Iowa City MEMORANDUM Date: May 19, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner '~.-'~ Re: Installation of NO PARKING HERE TO CORNER sign at the intersection of Governor Street and Burlington Street As directed by Title 9, Chapter 1, Section 3B of the City Code this is to advise the City Council of the following action. Unless directed otherwise by the City Council, this action will occur on or shortly after June 13, 2000. Action Pursuant to Section 9-1-3A(10) of the City Code, a sign will be installed on the east side of Governor Street 20 feet south of the intersection with Burlington Street indicating NO PARKING HERE TO CORNER. Comment This action is being taken because vehicles are currently parking too close to the Burlington Street intersection and restricting visibility for northbound vehicles on Governor Street. Jccogtp\memos\govburl .doc City of Iowa City MEMORANDUM Date: May 24, 2000 To: City Clerk From: Jeff Davidson, Acting Traffic Engineering Planner ~-..~ Re: "No Parking Between Signs" in the 400 block of Brown Street As directed by Title 9, Chapter 1, Section 3B of the City Code this is to advise the City Council of the following action. Unless directed otherwise by the City Council, this action will occur on or shortly after June 14, 2000. Action Pursuant to Section 9-1-3A(10) of the City Code, signage will be installed indicating NO PARKING BETVVEEN SIGNS in front of the residence at 415 Brown Street. Comment This action is being taken to accommodate the pick-up and drop-off of an elderly resident who lives at 415 Brown Street. The condition of the resident has been validated by a City staff person. This action will be rescinded when the individual no longer resides at this location. jw/mem/jd-brown.doc May 23, 2000 Fd~l~ C Residents in the 1300 Block of Dodge Street Court and 1100 and 1126 Conkiln Street Re: On-street parking in the 1300 block of Dodge Street Court You received a letter from me dated May 3, 2000 indicating the City Council's desire to resurvey you regarding the issue of on-street parking on Dodge Street Court. Eight questionnaires were returned regarding this issue, four in favor of on-street parking in the 1300 block of Dodge Street Court, and four opposed. By copy of this letter I will be informing the City Council of the results, and indicating to them my recommendation to take no action regarding establishing on-street parking in the 1300 block of Dodge Street Court. My recommendation is based on there not being a majority of the affected neighborhood in favor of the proposal. The final decision on this matter is up to the City Council. They will receive this letter in their packet on June 9 prior to the next formal City Council meeting which is scheduled for June 13, 2000. Should enforcement of illegally parked vehicles in the 1300 block of Dodge Street Court be necessary, you should contact the Iowa City Police Department routine business number which is 356-5275. It is apparent to me from the phone calls I have received that this issue has unfortunately divided your neighborhood. Once again, I would like to assure you that the process we have followed and my subsequent recommendation to the City Council is based on the standard procedure we use regarding these matters. When we do not feel there is an overriding safety issue, we leave the issue of on-street parking up to the affected neighborhood. The ultimate decision is up to the City Council. You are welcome to contact me at 356-5252 if you have any questions regarding this matter. Sincerely, Jeff Davidson Acting Traffic Engineering Planner cc: City Council ppdadrnin~ltr\dodgest,doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM' Date: April 24, 2000 To: ,.City Clerk From: Je~f,,,Davidson, Acting JCCOG Traffic Engineering Planner Re: to Allow On-Street Parking to be Permitted North Side of Dodge ;et Court As directed by Title 9, Cha Section 3B of the City Code, thi to advise the City Council of the following action. Unless otherwise by the City C this action will occur on or shortly after May 3, 2000. Action Pursuant to Section 9-1-3A(12) of the e will be removed on the north side of Dodge Street Court indicating NO Comment There is currently no on-street parking. on either side of Dodge Street Court. A neighborhood resident requested on-str be allowed on one side of the street, and an investigation showed that this was ;urvey of neighborhood residents was taken which indicated that f~e household,, in favor on-street parking on the north side of Dodge Street Court, and three were o1: jw/mern/jd-dodge. doc POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 May 25, 2000 Mayor Ernest W. Lehman 410 E. Washington Street Iowa City IA 52240 Dear Mayor and Council Members: In executive session Tuesday, May 23, 2000, the PCRB voted to request an extension of its 45-day reporting deadline according to the City Code for PCRB Complaint #99-10 for the following reason: · To review additional information that the Board is requesting from the Chief. The Board's Report for/f99-10 is presently due on June 1, 2000. In anticipation of the additional investigative information from the Police Department and, in order to ensure the investigation is conducted in a manner that is fair, thorough and accurate, the Board requests a 60-day extension to August 1, 2000. Thank you for your consideration of this matter. Sincerely, ~Watson, Chair Police Citizens Review Board