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Home My WebLink About2001-07-31 Info Packet of 7/19 CITY COUNCIL INFORMATION PACKET I MISCELLANEOUS ITEMS I IP1 Meeting Schedule and Tentative Work Session Agendas IP2 Memorandum from Mayor: Homebuilders Association - Newspaper Advertisement IP3 Memorandum from City Manager: Newspaper Kiosks IP4 Memorandum from City Attorney: Iowa League of Cities - Draft Right-of-Way Ordinance IP5 Letter from Finance Director to University Heights Mayor: City of Iowa City - Sewer Rate Increase IP6 Memorandum from Planning and Community Development Assistant Director: Summary of Decision Making at July 9, 2001, Work Session; Northside Alley Traffic Calming Evaluation IP7 Letter from Richard M Tucker to Administrative Assistant: Walnut Ridge Subdivision - Deer Problem IP8 Memorandum from Parks and Recreation Director to City Manager: Dog Park IP9 Letter from Don Winter (Iowa Babe Ruth League, Inc.) to Parks and Recreation Director: Iowa Babe Ruth Hall of Fame IP10 Letter from Sharyn Reitz (Riverside Theatre) to Parks and Recreation Director: Payment for Use of Riverside Festival Stage IP11 Letter from Michael Balch to Housing and Inspection Services Director: AbandonedNacant Building at 112 S Govenor IP12 Iowa City Police Department Use of Force Report - June 2001 IP13 Iowa City Police Department Monthly Bar Check Report - June 2001 IP14 Eraall from Ron Knoche to Scott Wright: Hawkeye Drive IP15 Letter from Governor to Joanne Hora (Senior Center Commision Parking Facility Skywalk Committee): Governor's Volunteer Award July 19, 2001 Information Packet (continued) 2 IP16 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year '99 Total, FY '00 and '01 IP'l 7 Notice: Purchase of Equipment IP18 Special Projects - Photo History Report #7 - Water Facility Improvements [Color version available in City Clerk's Office] IPl9 Minutes: May 24 PATV IP20 Wall Street Journal Article: Philip Morris Notes Cigarettes' Benefits for Nation's Finances [Pfab] IP21 Wall Street Journal Article: Bedtime Stories - In 24-Hour Workplace, Day Care is Moving to the Night Shift [Pfab] IP22 Chicago Tribune Article: Iowa - A Trip to the Heartland [Atkins] IP23 Iowa League of Cities Special Report - New Laws of Interest to Cities June 2001 [Vanderhoef] IP24 Email from Carol DePresse: Drugs [2] City Council Meeting Schedule andJ.~y~e, 2e0~ ~ CIII/or ~,~ ~,~' Tentative Work Session Agendas July 30 Monday 6:00p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall · Joint Meeting with Planning and Zoning Commission · Remaining Work Session Agenda TBD July 31 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Emma J. Hamat Hall August 20 Monday 6:30p COUNCIL WORK SESSION Emma J. Harvat Hall August 21 Tuesday 7:00p FORMAL COUNCIL MEETING Emma J. Hap/at Hall September 3 Monday CITY OFFICES CLOSED - LABOR DAY September 5 Wednesday 4:00p SPECIAL COUNCIL WORK SESSION Coralville Council Chambers · Joint Meeting with JC Board of Supervisors, IC School Board, and Cities of Coralville and North Liberty September 10 Monday 6:30p SPECIAL COUNCIL WORK SESSION Council Chambers Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Dog Park Airport North Commercial Area Agreement Downtown Historic Preservation Survey Sidewalks Downtown Dumpster Permitting City of Iowa City MEMORANDUM DATE: July 16, 2001 TO: City Council~ FROM: Mayor RE: Homebuilders Association - Newspaper Advertisement Attached is part of a full-page ad in the Saturday, July 14 Press-Citizen. I read this advertisement/information piece with much interest. You will note the Homebuilders Association has chosen to take a positive and favorable position on the importance of well thought out, master plan development for housing. The principles they cite in this article are many of the same principles used in our master plan of development for the Peninsula. The Peninsula Project included the following: 1. A master or comprehensive plan of development. 2. Infill development and thereby a message of anti-sprawl development. 3. A variety of housing in order to allow choice among our citizens. 4. A representation of the importance of diversity in our neighborhoods. 5. Having infrastructure constructed in a timely fashion, as reflected by our recent financial proposals. 6. Our plan represented an extensive public process and commitment by the City Council We all knew at the time of the planning for the Peninsula it would be much easier to layout a project which was large lot and provided only for upscale housing. The acknowledgement of the process and resulting plan policies is now being well received. Please read the Homebuilders Association position statement for it represents a gratifying comment on the work undertaken by so many to see the Peninsula project become a reality. cc: City Manager Director of Planning and Community Development Joan Tiemeyer - HBA Mgr~memos%homebuilderdoc I C P, 'ss C, 3c,v 1 t, 7..ool '00king trust n' 0u re'0r s0 e0Re car ,,,. THE GREATER IOWA CITY AREA HO E BUILDER5 A55OCIATION Choose Smart Growth, Not No Growth dditional New embers B~ Gar~ Werle, President h~.~, Constmcdo~ TI Construction ~BA Justin Pardek~r Tom Brown, Jr Iowa City, IA 52240 Solon, IA 52333 Tight res~ctions on growth - often disguised as ways to protect the enviro~ent or relieve traffic con- s~nsor: Gone Young gestion - ~e pushing the cost of housing beyond the reach of millions of families. Scanaanavia. In many high-growth m~kets, teachers, police officers, fire fighters and other public se~ants are com- Kelly W~ ~nd Shannon Slagel H~ghland Park ~velopmem muting 50 miles or more to work each day because they can't find affordable housing to rent or buy close to so~ 2rid Strut ~2 Chuck Sj~ergren · eir jobs. 6row~ boundslos, l~ge-lot zoning and resistance to infill development are pushing ~ople to ~9_~2~ coralville. IA 52241 satellite cities in se~ch of homes ~at are affordable to middle income fa~lies. s~nsor: Rupp Building 319-337-g852 Seemingly lost in ~e ongoing debate over gro~h is a cle~ understanding of ~e econo~cs of develop- ~aa. Tuc~r, Mullen, W~ker, Tucker & Grimart.S~nso~ McGr~y~aylor ment and ~e m~ket forces driving demand for new homes. When l~ge ~cts of land ~e removed from the invento~ of developable land because of res~c~ons in use or the creation of growth bound~e$, then the 321 E. M~et St~e~ dba Absolutely You~ value Of all remaining land still av~lable for development increases. ~at can add thousands and ~ousands to~ city. ~ s22a5 Interiors hy Shefie Of dOll~S tO ~e cost of a home. s~nson Tomlinson-Cannon ~1 kond Aven~ ~st Americas also hem to consider the relationship between job grow~ and housing demand. It's a simple ~i~ s~ne Fab~tions Coralvii[e. IA 52241 equation. More jobs equal more demand for housing. c,~ ~fj~bgr~wthisap~ty~thenp~icym~ershavetheresp~nsibi~ityt~ensurematequa~p~tyisgiven to ~e dem~d for a broad mix of housing choices. Working families suffer when we ignore the relationship 3194554~2 Smith & W~ Const. ~n jobs and housing. S~n~r: Werle Construction M~k Smith A recent repo~ from ~e Center for Housing Policy, "Housing Ame~ca's Working Families," indicates ~at california clouts 4770 Dingle~ Rd NE more th~ ~ree million working families in America eider spend more ~an half ~eir income on housing or ~ VanBos~l Iowa City. ~ 522~0 56~ C~ey Avenue 319J38-8~3 live in a severely inad~uate unit. ~is disconnect betw~n job creation and housing is felt most by middle s~ 52807 s~nsor: Ke~in H~hstedler and lower income workers, including public se~ants and people who work in ~e se~jce $d ret~l indus- s~n~o~: Rupp Building L~mis Construction [~eS, John ~mis Demographic ~ends over ~e next two decades will continue to increase demand for housing. ~e popula- ~ ~ud~on 320 E Fi~t Strut tion of ~e United States will grow by some 37 million over the next 15 ye~s. ~at means ~at we need to ~4 Du~ngo Pla~ Iowa City. IA 52240 build 1.3 ~llion to 1.5 ~llion homes each ye~ to keep up wi~ the underlying demand for new housing. 319-351-~53 s~nsor: DeWitt Electric Because liUle c~ be done to moderate demur pressures, the grow~ debate should focus on ~e supply s~o~: side of ~e m~ket. ~at me~s developing a master grow~ and zoning pl~ ~at will provide for a good ~x Mike Evans Const~ction Kas~r's hnds~ & ~sign Of housing in v$ous price rsges and timely GOHS~CtiOH Of infras~cture improvemenB - roads and schools Mike Evans 585 South lo~s BIvd. - that will accommodate ~e county or city's anticipated grow~ in an orde~ manner. comlville, ~52241 31%626-6805 Adv~ates of no-growth policies pay lip semite to affordability, but they offer no solutions to the housing 319-338-3342 S~nsor: ~slie Bohtcn CriSiS experienced by low- ~d moderate-income families as a result of res~ctive growth policies. Instead, sm~o~: we should emph~ize sm~ growth - s~er choices about where and how we grow o~r communi~tes. Va~e W~ H~n and Finish Ca~m~ Elite Employer Seduces ~s nafon will continue to grow. If we deny that fact and f~l to plan for iL then we will continue to s~ 370 Hick~ St~t 207 Candlestick Drive more sp~l-related problems. If we acknowledge that growth is going to occur and plan accordingly, then ~o~ Li~ny, ~ 52317 Mr. Vernon. IA 52314 319-62~179 319-895-8553 we can m~e a positive contribution that will yield tremendous benefits for future generations. s~so~: Ga~ Werlc S~nsor: Ga~ Werle City of Iowa City _ MEMORANDUM DATE: July 16, 2001 TO: City Council FROM: City Manager RE: Newspaper Kiosks The City Council directed that the use of the kiosk vending machine space be in compliance with the current City Plaza ordinance. As a staff we have discussed many issues concerning the implementation of the ordinance as it relates to newspaper vending devices. Any thought or proposal indicating regulation of newspaper distribution is a cause for concern by our community's many newspapers. We have correspondence expressing those concerns. We have community concerns about the proliferation of vending machines. There are also those who do not want any regulation and the proliferation is not a problem. This issue does not suffer from a shortage of opinions. To comply with the spirit and intent of the City Plaza ordinance and appreciate the many opinions, we intend to undertake the following pilot program. 1. We will contact each area newspaper (including those that represent out of area newspapers) and make them aware newspaper vending space is available in downtown kiosks. We will identify each space (vending unit) in each of the kiosks so the newspapers can propose to locate their particular newspaper in the space as identified. For example, Kiosk B will have Spaces 1-7. The newspaper can propose to use any space in any kiosk. (See attached map sent to newspapers.) 2. When submitting the proposals for use of the vending spaces (there are 21 total spaces in the 3 kiosks), newspapers are free to select (propose) several vending space locations. If there is competition for a particular space, that particular space (for example B-3), will be decided by lottery. There will be a $25 annual fee for each space (a resolution establishing this fee will be on your July 31 agenda). We expect that each rented vending space will be for the period of September 1, 2001 through April 1, 2003. In effect, the one-year fee will cover 18 months of use of the vending machine space. A similar process will be annual thereafter. 3. The vending space will be rented as-is, and it will be up to each newspaper to decide whether they want coin-operated or any other features they believe necessary to market their product. This is at the newspaper's expense. 4. The current freestanding newspaper vending units located on the plaza are not required to be removed. They may remain. We would hope the newspapers will realize the advantage of using the kiosks. At some time in the future we may wish to provide other vending space devices on City Plaza. Newspaper Kiosks July 16, 2001 Page 2 We must keep in mind the administration of the Plaza ordinance only affects the City Plaza area. Other off-site locations of newspaper vending machines are not at issue and are not being dealt with by other City regulation or legislation. The attached notice has been mailed to the newspapers. This will begin the implementation process. I believe this plan of implementation is in general compliance with the existing ordinance and hopefully encourages the use of the kiosks and at the same time does not place us in conflict with newspapers as to the removal of existing vending devices. This 18 month pilot program will enable immediate use of the kiosks and provide valuable information for future considerations. Attachment July 20, 2001 Dear : The City of Iowa City will begin offering newspaper vending space in three downtown kiosks. in order to begin the process we are initiating a pilot program. Kiosk space is available in the three kiosks located on the City Plaza. Each kiosk has seven vending spaces. A map indicating the location and other related information of the kiosk is enclosed. The kiosk space will be available on or about August 15, 2001. A fee of $25 annually is required for each space. In order to initiate this program the first period of time will be for 18 months for the $25 fee. This does not affect the vending machines you now have on the City Plaza. No new machines may be added but the current machines may remain. The vending space measures 14" x 16". You will be responsible for equipping the space with a changer and any other features or devices that are appropriate for your newspaper. The City assumes general maintenance responsibility on the kiosk but the vending space is the responsibility of each particular newspaper vendor. We anticipate the pilot program working this way. 1) You will review the map and complete the enclosed application, For each space you request a $25 fee is required. In making your request indicate the kiosk letter and space #. 2) In the event more than one application is received per space, a lottery will be held. 3) If you do not receive the requested space you will be notified of any available spaces and may select from those. 4) You will be refunded your $25 for each space you did not secure. It is our desire that once you and your customers become familiar with the kiosk you may choose to utilize them rather than the current vending machines. Please retum your application/kiosk request to the City Clerk's office no later than Wednesday, August 1 at 5:00 p.m. We encourage you to stop downtown and actually view the kiosk to help you in your decision-making. You will be notified in early August regarding the request as well as the time and place if a lottery is necessary. We hope you will consider participating with the City to improve the public services on our city plaza area as well as provide an attractive environment for the community. Sincerely, Stephen J. Arkins City Manager Linn Street Unavailable due to CITY PLAZA Libraryconstruction NEWSPAPER KIOSKS <~ B-1 (upper) B-2 (lower) A-1 (upper) A-2 (lower) B-6 (upper) B-7 (lower) B-3 (upper) B-4 (lower) A-6 (upper) A-3 (~ ~,~,:: A7 (lower) (~ B-5 A-4 (upper) A-5 (lower) ~ , C-1 (upper) C-2 (lower) C-6 (upper) C-7 (lower) C-3 (upper) C-4 (lower) (~:)1 C-5 Clinton Street APPLICATION FOR DOWNTOWN NEWSPAPER KIOSK Pilot Program September 1, 2001 through April 1, 2003 Name of Company: Name of Newspaper/Publication: Contact Person Address Phone Kiosk Letter: Kiosk Space Number*: __ * $25 Fee payable to the City of Iowa City for each space requested More than one request may be included on a form. If there is more than one application received for a particular space, a lottery will be conducted. Newspaper vendors are responsible for general maintenance of the vending space and for equipping the vending space with a changer or other appropriate features or devices. Please return application to the City Clerk's Office no later than 5:00 p.m. on August 1, 2001. 410 EAST WASHINGTON STREET ' IOWA CITY, IOWA 52240 1826 · (3[9) 356 5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM DATE: July 16, 2001 TO: City Council FROM: City Manager RE: Iowa League of Cities - Draft Right-of-Way Ordinance I checked with the League staff and they explained to me the process of drafting a proposed right-of-way ordinance. This work will involve outside counsel and expertise. They expect the draft to be completed around November 1. If we were to "take our money" out of the remaining funds from the lawsuit fund, it would be about $750-$900. Given the small amount I believe we should continue to support the right-of-way drafting process and if we choose to do something else along the way we can check in with the League. mg~memo~mwdm~doc .~ 07-19-01 July 16, 2001 -,ft -' _ 138 Keser Avenue Iowa City, IA 52246 Re: City of Iowa City - Sewer Rate Increase Dear Mayor Swanson: I am writing to notify you of the scheduled five percent (5%) increase in sewer fees effective for billings on or after August 1, 2001. A public headng was held on May 15, 2001, with subsequent consideration of the ordinance on June 12th, June 26th and Juty 10, 2001. This increase in sewer fees will be applied to debt service payments on sewer bonds issued for expansion of wastewater facilities. I'd be happy to meet with you to furlher discuss this information at your convenience. Please contact me at 356-5053 or via email at kevin-o'malley@iowa-city.org. Director'offShOre Cc: Steven E. BaIlard, Left, Haupert, Traw & William City of Iowa City MEMORANDUM DATE: July 12, 2001 TO: City Council FROM: Jeff Davidson, Assistant Director of Planning and Community Development RE: Summary of decision making at July 9, 2001 work session; Northside alley traffic calming evaluation This memorandum will serve to summarize your decision making at the July 9 work session pertaining to the proposed barricade to be placed across the alley in Block 73 in the Northside neighborhood. As you directed we will proceed with the neighborhood survey and ask persons to give us their opinions on both the full-year and partial-year barricade options. We will allow persons to vote for one or the other, both, or neither of the options. If more than 60% approval is received for one of the barricade options, the proposal will be forwarded to you for a decision. If there is less than 60% approval for either option, then the evaluation process will be terminated. You stated that you wished the neighborhood survey to be conducted according to our policy of surveying residential dwelling units on properties which are contiguous to the alley. I will review the records of the City's Permit Plan system to determine that we are surveying the correct number of dwelling units at each address that is contiguous to the alley. It would be my intention to conduct the survey when the University fall academic semester is in session. This is consistent with the traffic survey which was undertaken when the University spring academic semester was in session. Please let me know if I have misinterpreted any of your decision making. cc: City Manager Director of Planning Director of Public Works City Engineer Fire Chief David Tingwald; Coordinator, Northside Neighborhood Association ppdadm/mem/7-gworksession.doc PHELAN TUCKER MULLEN ! WALKER TUCKER GELMAN LLP 321 East Market A T T 0 R N E Y S A T L A W Post Office Box 2~,50 Phone: (319) 354,1104 Fax: (319)354-6962 July 13, 2001 a~orn~'s fast name ~ptmlaw.com Ms. Lisa Mollenhauer ~.ptm~aw. comCivic Center 410 East Washington St. william v. PhelanIowa City, IA 52240 Re: Walnut Ridge Subdivision - Deer Problem Bruce L. Wa4ker Dear Ms. Mollenhauer: Richard M Tucker I live at 55 BuYernut Cou~ in Walnut Ridge Subdivision. Both myself and Thomas H. Gelmanmy neighbors in Walnut Ridge have experienced an ever increasing problem with deer damage over the last several years. I have personally Gary J. Schm~t lOSt over ~o dozen shrubs, six pine trees, three maples, and numerous other plantings. I know that many of the other homeowners in Walnut Ridge have suffered similar damage from the deer. This past winter the MargaretRWinegardennumber of deer roaming our subdivision had clearly increased and on one occasion, I counted 23 deer in my back yard. One of my neighbors Julie L Pu~krabektold me she counted 41 deer. I have probably tried eve~ spray on the market to repel the deer without success. I have put up ne~ing and John E. Beasley fencing, but have still not been able to adequately protect my landscaping. Michael J. Pugh* The bottom line is that those of us who live in Walnut Ridge have a huge deer problem which can only be solved by the City taking the same steps Dean D Carrin~on on our side of town that it was willing to take across the river. Recent a~icles appearing in the Press Citizen and Gaze~e raise a great concern in my mind that the City and/or the Deer Task Force believe that the deer problem is under control. I guarantee you it is n~t. These a~icles Daniel W. Boylesuggest that a count of 27 deer per square mile may be an acceptable level in Iowa City. If true, then that literally means that it would be acceptable to have 27 deer standing on each of the 78 one acre lots in Walnut Ridge (a total of 2106 deer) which is absurd. william M. Tucker We must have, deseNe and, in my opinion, are entitled to the City's help of counse~ in dealing with this serious and ve~ costly deer problem. I am ce~ainly Charles A Mulren Retired 'Also admitted jn lihnois July 13, 2001 Page 2 willing to provide whatever information I can to you, the Deer Task Force, the City Council or whomever regarding the extent of this problem in Walnut Ridge. I would also be happy to meet with you or anyone else to discuss this matter further. And I would greatly appreciate your letting me know in advance when this issue will be discussed or otherwise dealt with by the City or the Deer Task Force so that I can participate in that process. Thank you in advance for your cooperation and assistance in helping us deal with this serious problem. I would appreciate your sharing my comments and concerns with the Deer Task Force, the City Council, Steve Atkins and any other person/entities involved in this matter. Please feel free to call me at any time. I can be reached at my office or at home (351-4770). Very truly yours, RichardT~..~ucker RMT/sab city of iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: City Manager ~ FROM: Parks and Recreation DLrector DATE: July 18, 2001 0/0/~ l/E: Dog Park In view of the fact that the dog park issue still appears on the City Council's list of "future work session items", the Parks and Recreation Commission discussed this at their meeting of July 11, 2001. While the majority of the commission determined that a dog park is still a project worthy of consideration, they also agreed that it is not a top 10 priority at this time. Barb Endel, a recently resigned commissioner, expressed her willingness to contact members of the Iowa City Dog Club to see if they would be interested in spearheading an effort towards establishment of a dog park. If so, the commission feels it would be appropriate for me to meet with them and keep the commission informed with status/progress reports. In summary, the dog park will remain on the list of proposed parks and recreation capital improvement projects, and will be prioritized by the commission when they do their annual prioritization this fall. It appears unlikely that it will be a high priority unless a community group comes forth to spearhead the effort, including ftmding assistance or some creative ideas to establish a viable, low cost dog park as a starting point. 07-~9-01 TERRy EVANS STATE COMMISSIONER SP~G~E, IOWA ~N~ AS~. STA~ CO~SSIO~R IOWA C~Y, IOWA ~ , DA ~ MO~ 1~e 27, 200 l SEC.~S. C~ ~ T~ T~ebl~ ~ ~ ~ ' ASST. STA~ CO~SS~O~ Io~ Cj~ ~ks ~d R~fi~ os~s~ ~OWA 220 S~ ~l~ St. Io~ C~W, ~ 52240 ~ B~ 1~/15 ~ ~ T~, G~Y C~AS~ [o~ ~ ~ ~ hold hdu~i~'s hto ~a I~ ~ Ru~ ~11 ofFm~ ~g ~hg ASST. STA~ CO~$SIO~R ~[~ of~e 16 y~ld ~, IOWA ~a ~bby Oldis ~1 ~plex h ~w~ Ci~ P~k ~6 ~g ~mo~ will ~e pla~ on Sa~y, July 14, 2001 ~ ~:00. ASST STA~ CO~SSlO~R Yo~ ~mt ~g ~ Ho~d ~d ~ Vil~au~ ~ll ~ ~du~ at ~at ~. It c~ ~ D1v. wo~d ~ ~t [f~ you ~d ~s~ co~lo~ I ~1~ ~ out ofto~ at ~s ~e, howev~, T~ E~ St~ Cmmissi~, ~ll m~e ~e pr~mtio~. ~, IOWA ]~ r~ to ~e ~ ~x ~ y~ ~val. $o~ B~TT~ I ~ e~ly pl~ to nmh~e ~a ~mt ~d hav~ ~e B~d of D~ a~t DIS~CT 2 ~e nm~afion. ~ ~a ~mt ~ ~1 of its help ov~ ~ y~s. DIS~CT 3 S~ely, IOWA C~Y, IOWA ~n DIS~CT 5 lO~ ~ RU~ ~e, CED~ ~S, IOWA Ce; E. ~ Ma~ ~C~S~ IOWA 213 North Gilbert Street RO. BOX 1651 RIVERSIDE THEATRE ~84 ~OWA STATE SANK 213 N, GILBERT STREET &TRUST COMPANY IOWA CITY, IA 52245 IOWA CITY, IA 52244-1700 PH (319) 338-7672 BOX OFFICE 72-2162/739 6/30/2001 PH (319) 887-1360 ADMIN OFFICE PAY TO THE ORDER OF Ci~vofIowaCi~ ~ $**5,955.00 Five Thousand Nine Hundred Fifl, y-Five and 00/100*************************************************************************'~ DOLLARS i.~uded Ci~ c,~ Iowa Ci~ Details ~ back 4 ~ 0 E Wash~ton Stzcer Iowa Clt~, 1S 52~40 MEMO Charge for use of Festival Stage, June, 2001 / L RIVERSlOE THEATRE '10 9 9 Cty of Iowa City. 6/30/2001 $1 per Ticket-5955 Tickets sold for Riverside Shakespeare Theatr 5,955.00 lo~va State Bank Charge for use of Festival Stage, June, 2001 5,955.00 Mr. 1 )oug B{It>thr~ly [)irect{~r of Housing and hlsl~cctilln Services 410 E. Washingt{m Sireel Iowa City. IA 52240-1826 July 16, 2001 I)car Mr. Bt~olhr~y, This letter resptmds m Ihc Ilt~licc I received from J~tnn Rcaln, dated May 25. 2001, 1o Ihe effect Illat my property at 112 S. (h~vcm{~r has been dctcrmincd (by Imrty urnmined) Iobc an "Ab~mdone~ Vacant Building" uudcr lhc ordillallcc passed by the Cily Council iu I)eccmber 2000. Ms. Ream's letter iufi~rms me 1 must register the prt~pcrly as sLit[l, stlbmil It~ all inspcclitm and pay the associated lbes fi}r all Illis. I had boca tm a visil I~ my I~r~thcr's lamily in New Yt~rk durit~g Ih¢ laltcr part of May thr{~ugh mid Juuc. si} ] was i1~1 ahlc to acI ¢~11 Ms. Rcam's m~ticc lill Ihcll. Whcu [ visited her t>ffice ou 20 Julle to obtain copy of the t~rdinancc aml Io express my ct}llsIcrllalioll with Ihis judgment, she ~ndly oilSred to llt)le my appearalice li~r the rcct~rd st~ Ihal I would have Illis atldilional lilnc to Illakc nly case fi~r an appeal. Indeed. wbcii 1 asked whal b~rmal appeal prt~ccdurc the t~rtlillallcc pr¢~vidcd liar. she limnd no such pr¢~vision, but gave tile yt,ur citrd and suggcslcd I make my case I(} I do prolest this judgment ¢m 112 S, (;¢~vcrm~r, {m limr gr¢muds. First, lhc property is contiguous to my residence at 104 S. (}t~vcrn~}r, sitting sCm~c 27 iL'cl Io the sleuth. There is nt> lknce betweeu the two prt~pcrlics; il' you did llt}l have an asscsst)r's Illap y¢~u Wt~ult] 11{~1 kllow where between the two the prt~pcrty line atiLtally lies. The tlisl~lcc bclwccn my Iwo properties is uot umch more thall ~lal between Ihe lovely Vicl¢~rian h¢m~c at 7 15 li. College aml its c¢m~paniCm Carriage House. (Does anyone actually live iu that lallcr, htmsc-sizcd slruclurc, I wtmtlcr?) When 1 ulow grass a~ld pmue branches iu tile suulnler I d~ it liar bolh my prt~pcrlics al Ihc sable time. Whcll I shtwcl snt}w aud rcu~ove ice lYom the sidewalks iu Ihc wiulcr I dt~ il liar h~th pr~pcrlics at the same time. When I pick up the trash strewn inconsiderately by the juveniles wh¢~ pt~pulalc and traverse my ncighb¢~rh¢~d I do it liar both properties (and s{mmlimes also tier my ncigbb¢~r's pr~pcrlics) at the sittnc lime. I pay my subslantial property taxes ou both pr{~perties at Ihc same lime. [ pay my oily utility hills on ht~lh my pr~pcrlics at Ihc same time. 1 pay my gas and electric bills on both prt~pcrtics at the same time. I live al 104 S. (;¢~vcntor. but I am inside, outside. ou the topside and at{mud 112 S. (;t}vc~m~t ¢m a tcgula~, vii lually daily hasis. ~ts I will explain thrtber beh~w. I can assure you there arc ~¢~ vagranls t~r animals living al 112 S. Scct~lld. ollc ¢~flhc rcasotls I purchased 112 S. (;¢~vcrnot was because [ have always had it in nli~ld to restore Ibis clcgatll Dutch c~[ol~ial home I~ ils li}rmcr glt~ry mid ll~ tl~l~vc itllt~ it tnyselL (TIle hmne was buill in 1916 by Rush Clark liar W. and C. I:ostcr.) To thal end I have spear more than $50,000 over Ihe pas[ decade (over slid above ihc ptlrcllasc price) Io hire t~llly ¢}ur arca's linest artisaus to reslore my hCmsc at 112 S. (loverram They have replaced Ihc l'utnacc a1~d inslallcd new and el'ticient ductwork (Tim Brandl), iuslallcd ct~ppcr water pluml~ing (Bill C~nt~cll), lay new ¢~utside ct~pper plumbing lYom the city main m 112 S. (}ovcrn{~r (I)ick Ctdc), inslallcd drywall ceilings on both fl{~ors aud "utilicrctc" tile-lining ill lhc upslairs balhrt}¢~ul (Marry I{odl). l'csl¢~rcd the Iwt~ pockcl dt~rs lo good operaling condili{m (Mark Snyder), slrippcd {~ltl varnish and paint l?~m~ the hcautil'ul stouthem ycllt~w pine woodwork (Amazing Paiuling). pcrli~rmcd surgeries and pi~ming tn~ three m~[j{~r Irces (1 ,con 1 ,yvers), perli~rmed w~rious carpentries, including Ihc repair {~1' t~ltl wirelows and d~ors alld Ihc installati{m of new Anderson sliding wind{~ws in the casl-p{wch r{~¢ml (l!ric WortmanL replaced ¢~ld sidewalk concrete with new (Sexton C{mstmcti{m) and replaced the main and li'¢~nt porch rt~¢~fs with a 40 year shingle and the east porch with a robber lllculbratlc (McArl{~t CCmslructi~m), am{rag other Ihings. I tmsl these experienced and responsible prt~l~'ssitmals woklid have taken t)ul whatever permils they uudcrst¢~¢~d to be required by the Iowa Cily c,.>dc. ] knilw thcy did excellent and rcspunsihlc work because I look an active and abiding iulerest ill Iheir labllrs. atlld indeed pul ill countless htlurs lilyseLl' doiug supp{Irting wurk that was within my d{}-il-ynurself c~nnpctcucc (stripping wallpaper, slu/ding willedwork, re-glazing windows. etc.). Third, Ihe work conlinut:s. I cxpccl ttl have Ihc lnlnl slairs resinred and the work on tile front porch clmlplcled by the cud i~l'( )clllbcr (resetting the columns and selling new ceiltug beading and lrim). ~lings have been wailing lift my abilily to rcslt~fc Ihc clogant Scanlt~zzi capitals that graced the mp of the three porch colunms, but this process is ucarillg ctmlplclitm. I have pcrsnnally spent several weeks preparing meticulously the better o1' the Iwt~ surviviug ~riginad plaster capitals tl~ serve ~s the model fi~r casting three new. far more durable trees. After Ihc ctm~plctiim t}l' Ihc porch my altculiim will tunl to re-glazing and painting willdows and lhc l~-onl mansard p{~rli{m of Ihc house, and thcll 1o replacing the present inl~rior set ~f storm windows wilh a lar mt~rc subslantial system. My wi~rkshop liar all this is 112 S. G{~vemor itself. This is wily ytm will lind mc in and around Ihc ]It}HSC IIll UlOS[ days {ff Ihc week. The li}urlh point is really it cor/lllary ill' ihc lirsl Ihrcc: my att{irney Bob I)nwner and I believe that 112 S. (ll}vcnll~r siulply I'ails Ill satisfy any of Ihc six provisinns chumcrated in the amended definition of "Abandoucd/Vacant Building," as put li>rlh in Secttim I of ()rdiuaucc Nn. 00-3954. passed on 19 l)ccembcr 2000. which amends Title (~, Chapter I ~l'llic ('{~dc of ()rdiuanccs of the City <>flowa City. Of Ihc six prt~visinns ol Sccli~m I, pertaining 1o Sccli{m 6-1-1, "1 )olinill{ms." all bul items (c) and (f) have lhc li~lh>wing slmclurc: "unt>ccupicd AND 'meets cunditi{m X'." I will connncnl first <>n ileln (c). then on "ctmdilion X" in each {d (a). (h). (d) and (c), and. Ihmlly, {ul Ihc cily's dcliuilion of "um~ccupied," which, as n{}lcd above, appears its a c{mjunctivc cundili~m iu (a). (b), (d) [tlld {u). and is key m the sland-altulc c~mdifitm in item (f). Cimccrniug ilcln (c), my ll{itlsc al 112 S. (klvcnlllr has nt>l been declared :-I dangcruus building under the [hlililrlll ('ode hit Ahatenlcnl ill' I)allgcrtlus Buildtugs. Nnr is it one. (_'lmcenling "ctlndili{in X" in itcnl (a), Ihc Ill>list is litit ullsccurcd. Ciinccnling "clmditinn X" in item (b), Ihc hnusc is nnt secured by ule:,lns other Illall Ihl}se used |lie design of the huihling. Concerning "clmdililul X" ill ilcln (d). Ihc hlmsc is lll~l ulllil lilr occupancy as determined by a Clulccmiug "cl>ndili~m X" in ilcln (c), the house dllcs not have Building Code Vi<>latil~ns (it had uollc Ihal wcrc mtt addlessod I',y ils prcvitlus owner soluc lO years ago, when it was used as a renbd prl~perty. aud hi} wtlrk since Ihcn has inln,.luccd auy vi{llalilms). (_'{mccnling ilcnl (1), Ihc pr{ivisi{nl is i~pc~ ;tli,.ic if Ihc h{lusc is "'unl>ccupicd' fi~r a continu{lus pcri{id nf tinlc lin' {ivcl' 180 days." But this dcl'inili{in ilsclf dcpcl:ds on the dcfinili{m of "um~ccupicd." which is given in the t>rdinancc its niceling ellher of twn cunditions: (1)" a building in which fllcrc is a luck ill' physical presence im :.t regular basis li:~r the purpnse fi~r which it wits erected," or (2) "a building tltllil liu' t}ccLtpallcy dtlc Io failure It) meet Ininillluln stap, dards sol tluI by Cily ()rdiuance lilt the isstnmcc Ill' a Ccrtilicatc ill' ()coupahoy." Conccrmng cnmlitiun ( I ), there arc many buildings iu Iowa City that arc nc>l nnw being ~ccupicd liar the purp~sc ti~r which they wcrc erected: The Mid-Easlen~ Iowa Conm~uuity Mclllal Henlib Center ~ul liust C't~llcgc Sircol, Classic Smiles dental health clinic {m East Burlingltm Slrccl. The Pic~cc-King/Huunlcd B~okshnp and the "bed m~d breakfirst' opp{~silc d~at ~m ]iztsI Washinginn. iulcJ the Hcury l.ouis phim~ shop on East College, to name iusl a ii:w Ihat are clusc by me. But an even bcttcr answer is simply that I have indeed been tlccupying I 12 S. (}{ivcnltlr t}ll u regular basis ill continuing ttl restore it fi~r the purpose Ibr which it wus jutended: to serve as u single-tumily dwelling. (II was nol, in fuel, ereclod liar Ihc purp{~sc t~f serving us u renlul pn~perly, not tt~ put too fine a point on the mutlcr.) Ctmccnfiug ctmdilion (2), I huvc nol upplicd li~r u Ccrlil]cute t)f Occupancy, nor has the house ever bcell declured unlil liar uccupuncy. Thus, because lherc is no ctmdilioning cluusc thul is operalive in the case of 112 S. Goven~or - wheflmr as p~t of the conjunclivc constructions in items (a), (b), (d) und (e). t~r us u slund-ulone condillon as in items (c) und (f) - we submit that the cily's delinition {~1' "unoccupied" does not in litcl upply in this case. I tun underslulld Ihc city's i~llcrcsl i~l und desire Io oversee properties lllal buvc truly been ublu~doued or lclt vac~mt and unallendcd, so us 1o keep such pr{~perlies l~oln bccillnillg ncighborlli~od eyesores and hm~gouls or lurgels liar undcsiruble clctnents. Bul 1 trust you tun see l~om lhe deluils I huve pr~vided above thai this is not Ihc cuse li~l' 112 S. (}ovcrm~r. hidted, I alll u very ucighbt~rh/~i~d-conscii~us property i>wncr. The rccnrd will show, tbr one cxumplc (I could give others), IhaI 1 Icstilied belbre the City Couucil lust year tm u petitjim brlmghl bcli~rc Ihc c{~uncil by Murlin Cussell, uf 1002 E. Wushington, Io lhc eftEel thai the rcumining clogant huusing {H' my neighborhood und the surrounding historical dislricl neighborhoods would be best protected uguinst Ihc furlher cr{~sion of high dcnsily student himsing if we were m be re-dcsignutccl li'mn an RM- 12 m an RS-8 ncighburhood. I urgucd the case us well as 1 hww huw thut evening (uhmg with ~thcr ncighbt>rhuod-ctmscii>us residents ulld {lwllcrs), despite knowing lhul if the pelition succeeded my pn~pcny values wi~u[d surely diminish. (h is u simple fuel of economic life thul my houses have greater vatJut us rcutal properties Ihutl us singlc-fumily residences.) hi tile event, the Couucil decided to grant RS-8 priHcclitm It> Mr. Cusscll's end of E. Washingtim, bul lll~t to mine. hi sunl, 112 S. G{~ven~t>r is ccrluinly lloI ~lu "abauduned" pn~pcrly, uln[ because I UUl in ~uld out of il on virlually a dully basis I tit} ln}l scc ht)w il tun rcusonubly bc classilicd us "vacant," or "uni~ccupied." II is physically c{mtigutms Io lily curttill residence alld it is my inlcudcd l'ulurc residelice, ill lhe process of being rcnovuted und rcslorcd. 11 is being It~vingly cared lbr by me, u ncigbbi~rhl~/~d-clmscious resident und pn~pcrly tax-puying uwner wht~ cares abt~ul preserving ihc hislt~ricul residence values i~f lily IWO houses and of the gust side of lowu City, despite Ihc litct thul I live just uutside the bouudury nf the nearesl designated hismricul dislrict and dt~ nut enjoy RS-8 prutecli~n. I Ihcreh~re do hope you will agree with my allonxey Bob l){~wncr alld Inc Iha/lhc t~rdinuncc under which my prt~pcrly al 112 S. (]oven~or has been declured "ubundoncd/w~cant" simply does not apply in Ihis cuse. Thunk you und Ms. Rcum li~t Ihc uddiliimal lime I needed to mukc this uppeul. Sincerely, Michuel Bulch 104 S. (2}ovem{~r h~wu City, IA 52240 Cf: MuyDr Emie l~ehnlun aud tile t~thcr mcnlbcrs ill' Ihe Iowa City C'~luncil Ms. Jmm Rcunl Mr. Rt~berl Dl~wncr IOWA CITY POLICE DEPARTMENT ( USE OF FORCE REPORT ~ June 2001 OFFICER DATE CASE # INCIDENT FORCE USED 27 6-01-01 104837 Vehicle Pursuit Driver refused to stop or pull over for police vehicle. Officer followed vehicle until it left the city limits. Pursuit was turned over to Johnson County Sheriffs Department and Coralville police. 36 6-3-01 104889 Arrest Officer observed subject urinating in the parking ramp. Subject was subsequently taken into custody and became belligerent and resisted officer. Officer took subject to the ground to gain control until other officers arrived to assist. 88 6-10-01 105119 Medical /PhysiologicaI Officer responded to a report of subject who had cut their wrists. Subject had made statements he would hurt officers. Upon arrival officers had not located instrument subject had used to inflict injury. Subject refused assistance from Ambulance personnel. Subject began roaming inside the residence and refused to obey officer's commands to stay put. Officer took subject to the ground to gain control and handcuff. Subject was transported to the hospital. 51,16 6-10-01 105123 Disorderly Conduct Officers observed subject assaulting another individual. Officers intervened and subject resisted. Subject taken to the ground for control and handcuffed. 17 6-12-01 105163 Arrest Subject had been arrested for OWI and was at the police department providing a chemical test. Subject became upset and attempted to push by officer and leave the room. Officer detained subject by placing hands on subject's arms. Subject then handcuffed. 26 6-12-01 105163 Arrest / Transport Subject refused to follow verbal commands and would not walk or follow officers to the squad car for transport to the jail. Officer guided subject with hand on arm. Subject then OFFICER DATE CASE # INCIDENT FORCE USED refused to get into the car and was advised chemical agent would be used. Subject then cooperated and offered no further resistance. 14 6-14-01 105254 Animal Possum struck by vehicle and injured in roadway. Officer dispatched animal using service revolver. 20 6-15-01 105261 Vehicle Pursuit Suspect operating a vehicle failed to yield to police car with emergency lights activated. Officer caught up with vehicle and subject then voluntarily stopped. Subject arrested for OWl and eluding. 46,20, 58 6-17-01 105339 Traffic Stop Passenger in vehicle refused to exit the vehicle. Two officers took hold of subject's hands and pulled but were not successful. Subject then exposed to chemical agent. Compliance obtained. 19 6-19-01 105401 Animal Deer struck by vehicle. Officer dispatched animal using service revolver. 12,58 6-20-01 105435 Domestic Assault / During investigation subject was Arrest uncooperative and exhibited aggressive behavior. Was placed in handcuffs for personal safety. Subject continued to resist officers ai~empt to search his person, officer pinned subject against squad car for control. 16 6-22-01 105499 Foot Pursuit Subject was suspect involved in a public offense. Subject ran from officer but was apprehended and forced to the ground for control. 12, 47 6-25-01 105595 Warrant Service Subject taken into custody and pulled away from officers during handcuffing. Subject placed against building for control Officer used hands on techniques to obtain subject's hands behind back. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library Iowa City Police Department 0749-0 Monthly Bar Check Report JUNE 2001 YEAR 2001 Monthly Total Year to Date Totals ArrestNisit Business Name A _B A B YTD AIRLINER 1 ~j~ 2 24 ~ 12 0.50 ALLEY CAT 2 iii~i-~!0 10 ii~i~iiii~,~ ATLAS GRILL 3 ~ ~ 1 0.10 BREWERY 0 ....i~=~i=~iL0 0 0 0.00 BROTHERS 8 ~ 13 28 ":":":,"":"~e25 0.89 CARLOS O'KELLYS 0 0 0 0 0.00 COLLEGE ST BILLlARD 3 0 15 0 0.00 COLONIAL ~NES 0 ~ 0 1 ~:,::~ 0 0.00 DAVES FOXHEAD 1 ~ 0 4 ~ 0 0.00 DEADWOOD 1 1 8 1 0.13 DIAMOND DAVES 0 0 1 0 0.00 DUBLIN UNDERGROUND 1 0 6 0 0.00 EAGLES LODGE 0 :~;~ 0 1 ...........~'~0 0.00 ETCETERA 6 1 6 1 0.17 ELK'S CLUB 0 0 0 ~ ~ 0 0.00 FIELDHOUSE 8 4 32 47 1.47 FITZPATRICKS 1 0 3 ~ 1 0.33 GA MALONES 3 ........ 6 17 .........23 1.35 GABES 5 0 12 ~'~ 5 0.42 GEORGES 1 ,.j,,,,,=~,~,~0 6 0 0.00 G~OVANN~S 0 g~; 0 0 ~:~ 0 0.00 GREEN ROOM 1 0 2 ~ 0 0.00 GRINGOS 1 0 1 ~ 0 0.00 GRIZZLEYS 1 0 3 :::::::::::::::::0 0.00 GROUND ROUND 0 0 0 0 0.00 HAPPY JOES 0 0 0 jj~Ss~s~s;~E~0 0.00 HILLTOP TAP 1 0 6 ~ 0 0.00 JIMMY'S BRICK OVEN 0 .~.~.~.~.~.~.;0 1 ~ 0 0.00 JOES P~CE 1 0 8 ' 0 0.00 KIT~ HAWK 0 0 1 ~'~ 0 0.00 LOFT 0 0 0 ~'~ 0 0.00 MABELS 0 ~ 0 0 0 0.00 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. Iowa City Police Department Monthly Bar Check Report JUNE 2001 YEAR 2001 Monthly Total Year to Date Totals ArrestJVisit Business Name A B A B YTD MARTINIS 5 ~ 10 13 ~ 14 1.08 MEMORIES 0 i~ 0 3 !:~:!' 0 0.00 MICKEYS 1 ~ 0 3 0 0.00 MIKES 2 0 4 0 0.00 MILL 0 0 2 I 0.50 MONDOS 1 i!/iiiiiiiiiii:0 1 iiiiiiiiiiiiiiiiii0 0.00 MOOSE LODGE 0 0 0 0 0.00 MORGAN'S 0 0 6 1 0.17 MUMMS 2 0 7 0 0.00 ONE EYED JAKES 4 ~ 10 16 ~ 39 2.44 OUTER LIMITS 0 ...............:0 1 :ii:~:~:i:i:i:ii0 0.00 PLAMOR 0 0 2 0 0.00 PRESS BOX 4 2 22 ~ 2 0.09 QUE 4 :!:ii:i:::!4 19 ~I~ 32 1.68 QUiNTINS BAR &DELl 3 1 6 1 0.17 RT GRUNTS 1 1 8 1 0.13 SAMS 0 0 0 0 0.00 SANCTUARY 0 0 0 0 0.00 SERENDIPITY LAUNDRY 0 0 0 0 0.00 SHAKESPEARES 0 0 1 0 0.00 SPORTS COLUMN 6 ~ 3 24 ~ 43 1.79 TUCKS 1 0 3 . 0 0.00 UNION 8 11 28 53 1.89 VFW 0 0 0 0 0.00 VINE 1 4 3 6 ~ 2.00 VITOS 6 9 20 ~ 48 2.40 WIG AND PEN 1 0 4 =i~',,~,,0 0.00 TOTAL 105 89 422 389 0.92 Column A is the number of times a bar is visited specifically checking for underage drinkers. Column B is the number of people charged with possession under the legal age in each bar. Note this is not the total number of charges in each bar. I07-19-01 [ Marian Karr IP14 From: Wright, Scott [SWright@mail.public-health.uiowa.edu] Sent: Wednesday, July 18, 2001 11:42 AM To: 'Ron Knoche' Cc: 'council@iowa-city.org'; 'susan-vess@uiowa.edu' Subject: RE: Mormon Trek Bourevard and Hawkeye Court Ron Knoche: Thank you for your prompt response. The pinch-point that I am most concerned about is where Hawkeye court terminates at Hawkeye Dr. (Please see attached map.) All that would be needed is a very short strech of sidewalk to start on the west side of Hawkeye court that will curve to the north side of Hawkeye drive. It would only need to be about 30' long. There is an ample shoulder to walk on along Hawkeye Drive and Hawkeye court has a lower traffic load. Currently if a person wants to push a stroller or drive a wheel chair out of Hawkeye court to go west onto hawkeye drive they must compete with Cement trucks, semis, etc. Please let me know what will be done to facilitate a pedestrian exit from Hawkeye Ct. I will need to leave my home in the next two months and I may need to push a stroller. ..... Original Message ..... From: Ron Knoche [mailto:Ron-Knoche@iowa-city.org] Sent: Wednesday, July 18, 2001 8:24 AM To: 'scott-d-wright@uiowa.edu' Subject: Mormon Trek Boulevard and Hawkeye Court Scott, Thank you for your call yesterday and I am sorry that you are disgruntled. As you may know, the walkway that you spoke of spans three projects. The first project which started last year is north of the RR bridge. This project is being headed by Coralville. The second project is the bridge itself. Coralville is also the lead on this project. This project is expected to begin this fall. This is all the information I now at this time on these projects. Please contact Scott Larson with Coralville to find out the status. His email address is slarson@ci.coralville.ia.us. The third project is south of the bridge. This project started this spring and is headed by Iowa City. Due to the rain early in the construction year, the contractor was delayed. Over the last few weeksr they have been able to get closer to the schedule, The area to the North of Hawkeye Park Road is under construction now. It will take approx. two more months to finish the southbound lane and have a sidewalk back in. This is all dependent on the weather. This also only gets the sidewalk to the bridge. I am sorry for the inconvenience the construction has caused you and your neighbors. Once the projects are completed, you will have wider sidewalks to use and will also have a sidewalk along Mormon Trek to Melrose. During construction, the contractor is to maintain a path out of Hawkeye Apartments. I will have our inspector watch this more closely. If you any further questions or comments, please feel free to call or email me. Sincerely, Ronald R. Knoche, PE Senior Civil Engineer Public Works/Engineering City of Iowa City Phone:(319) 356-5138 Email:Ron-Knoche@iowa-city.org THOMAS J. VILSACK OFFICI~ OF THE GOVERNOR SALLY J PEDERSON June 28,200 I Mrs. Joanne Hora / Senior Center Commission Parking FaciliU, Skywalk Commiltee ~ 28 S. Linn Street Iowa City, Iowa 52240 Dear Mrs. Hora: [ am pleased to inlb~ you that Senior Cenler Cmnmission Parking Facility Skywalk Committee has been selected by the Iowa Department of EIder Affairs [o receive a Govemor's Volunleer Award for ils outstanding con[ribulion of volunleer service Io the Stale of Iowa. You are cordially invited to allend a regional award ceremony for the presentation of the award. [f you would prefer anolher mem~r of the group accepl the award, please indicale change on the enclosed RSVP mailer. We ask thai only one person ~ designated [o accept lhe award on ~half of[he group. The ceremony will be held: FriJa>, September 28, 2~)1, ~:~ PM Coe College Audilorium. 1220 Firsl Avenue NE Cedar Rapids, Iowa Please plan to aftlye early to allow for parking and registration. A receplion for award recipients and guests will be held in conjunction with the ceremony. Additional infomalion a~u[ lhe ceremony and a map are enclosed. Please re/urn the enclosed RSVP mailer (postmarked by July 13, 2001 ) to let us know if you will be able 1o allend the ceremony, the number of guests at/ending wilh you, and if you have special accommodation requests. If you are unable [o allend, you may send a represenlalive ~o accept your award for you. If you have queslions regarding your nomination, please contacl Stephanie Laudnet at (515) 242-3~25. [ look forward [o personally lhanking you l~r your commitment to vohmleer service. You are helping make Iowa a better place to live, work and raise a Sincerely, Thoma~ J. Vilsack TJV:mm Enc. STATE CAPITOL DES MOINES, IOWA 50319 5;5 281-5211 FAX 515-281-6611 Date: 2-Jul-01 07-19-01 To: City Manager and City Council L From: Dian.a ,,rman 8ubi: Utility Discount Program Statistics - Fiscal Year' 99 Total, FY' 00 and ' 01 Water Sewer Total Refuse Water Accounts Recyling Sewer on Discount Discount Discount Water Tax Sewer Refuse Recycling Total Month s s Program Discount Discount Discount Discount Discount Discounts FY99 } Totals 1522 795 2317 8,019.87 402.18 8,042.58 9,702.28 3,105.90 29,272.81 FY 00 Jul 120 63 183 614.19 30.81 615.93 744.57 238.35 2243.85 Aug 124 66 190 754.99 37.95 725.30 738.00 252.00 2508.24 Sept 130 75 205 600.33 30.29 576.72 498.15 170.10 1875.59 Oct 134 75 209 846.57 42.60 809.36 817.94 279.30 2795.77 Nov 137 83 220 893.38 44.89 854.32 836.39 285.60 2914.58 Dec 141 85 226 923.90 46.52 883.20 873.30 298.20 3025.12 Jan 144 89 233 932.03 46.81 891.48 879.45 300.30 3050.07 Feb 143 87 230 1174.20 59.16 1120.21 1196.17 408.45 3958.19 Mar 152 93 245 738.71 37.21 709.66 596.55 203.70 2285.83 Apr 151 90 241 995.12 50.02 952.08 931.72 318.15 3247.09 May 154 96 250 997.15 50.31 954.04 934.80 319.20 3255.50 Jun 158 95 253 1003.27 50.53 959.89 922.50 315.00 3251.19 FY 01 Jul 120 61 181' $856.74 $43.19 819.13 $876.37 $299.25 $2,894.68 Aug 124 70 194 $855.68 $42.77 779.03 $765.67 $261.45 $2,704.60 Sept 139 75 214 $891.52 $44.65 ;811.82 $790.27 $269.85 $2,808.11 Oct 138 80 218 $965.44 $48.39 ;879.48 $860.99 $294.00 $3,048.30 Nov 142 81 223 $987.84 $49.65 ;899.98 $857.92 $292.95 $3,088.34 Dec 142 80 222 $996.80 $50.00 ;908.16 $867.15 $296.10 $3,118.21 Jan 143 84 227 $999.04 $49.91 ;910.22 $891.74 $304.50 $3,155.41 Feb 143 84 227 $1.041.60 $52.20 ;949.16 $891.75 $304.50 $3,239.21 Mar 146 86 232 $1,032.64 $51.72 ;940.96 $885.60 $302.40 $3,213.32 Apr 146 90 236 $1,088.48 $53.53 ;973.76 $907.12 $309.75 $3,312.64 May 147 91 238 $1,061.76 $53.14 ;967.60 $904.05 $308.70 $3,295.25 Jun 149 93 242 $1,070.72 $53.64 ;975.80 $910.20 $310.80 $3,321.16 Totals 1679 975 2473 11,828.26 592.79 10,815.10 10,408.83 3.554.25 37,199.23 cc: Kevin O'Malley Iori/utility/utdisc01 .xls In accordance with Iowa Code Section 28E.20 JOINT PURCHASE OF EQUIPMENT, the City of Iowa City is giving notice of intent to purchase one or more items or accessories or attachments to equipment, the total cost of which estimated to be $50,000 or more. The following political subdivisions have been contacted: City of Coralville - City Clerk Johnson County Board of Supervisors - Chair Iowa City Community School District - Business Office Notice was mailed: July 6, 2001 Equipment to be purchased: Police cars L/F Compactor Compact Pickup Trucks Tub Grinder 1 Ton Flatbed Trucks Backhoes 1 Ton Utility Truck Snow Blower 2 Ton Flatbed Truck Flusher Truck Street Sweeper City of Iowa City Finance Department Central Services Division Cc: City Council BOARD OF DIRECTORS MEETING-Board meeting of May 24=h, 2001 BOARD MEMBERS PRESENT: Clancy, Cook, Luong, Nothnagle, Phillips BOARD MEMBERS ABSENT: Calvert, Paris, Petersen Public: Mike Bell PATV Staff: Paine I. Call to order at 7:29pm. 2. Consent Agenda approved. 3. March & April Minutes edited and approved. 4. Short Public Announcements-none. 5. $377 raised at Convergence to be added to $800 equity account. 6. Board Announcements-Todd Case donated the Old Brick complex for a fundraising event on Thursday, July 12~h. 7. Building Strategy *Building Strategy Committee-Rene', Sing, and Tim (alternates-Tom and Amy) 8. Board Recruitment-Mike Bell expressed interest in becoming a board member and turned in his application. 9. Reports- ICTC-none. Committees- Outreach-Tim announced the July 26th ADA celebration and asked that it be added to the CAP list. Treasurer-none. Management- I. PATV will receive approximately $500 in funds in exchange for being the fiscal agent for the Alternative Transportation Solutions Conference. 2. The BIG ELEVEN was a smashing success. 3. Tom Nothnagle donated a guitar as a Telethon prize give away. I O. Adjournment at 8:39pm. I I. EXECUTIVE SESSION-8:45pm-8:55pm, unanimous vote to accept Mike Bell's application to be on the PATV Board. From Council Member Pfab Philip Morris Notes Benefits of Cigarettes fif 2-, LtJSJ' ~ 7.7(~.~9/ Continued l~-om Page A2 in 1999, according to the report. The report also calculates the costs of smoking, such as the expense of caring for sick smokers and people made ill by second- hand smoke as well as income taxes lost Philip when smokers die. Weighing the costs and Morris Notes benefits, the report concludes that in 1999 the government had a net gain of 5.82 billion Cigarettes' Benefits ko,~na ($147.1 million)from smoking. Philip Morris said it received the Little For Nation's Finances report late last year and handed it out recently after complaints from Czech offl- , , ~ cials that the tobacco industry was sad- dling the country with huge health-care Analysis Says Czech Republic expenses. "This is an economic-impact Saves Billions of Koruna study, no more, no less," said Robert Ka- plan, a spokesman for Philip Morris's in- Because Smokers Die Early ~ ternational tobacco unit in Rye Brook, N.Y. "We're not trying to suggest that there would be a benefit to society from By GORDON FAIRClJJUGH the diseases related to smoking." staff Reporter of THE WALL STRIgS'T JOURNAL Philip MOrriS manufactures about 80% Philip Morris Cos. officials in the ofthecigarettessmokedintheCzechRepub- Czech Republic have been distributing lic. The New York company, which owns a an economic analysis concluding thai 77.5%stakeinaformerlystate-ownedCzech cigarette consumption isn't a drag on tobacco enterprise, sells its flagship Marl- the country's budget, in part because boro smokes as well as local brands. smokers' early deaths help offset medi- Measuring the net costs of smoking to cal expenses. societies and governments long has been The report, commissioned by the ciga controversial and difficult. Studies me~asur- rette maker and produced by consulting ing the lifetime health-care costs of smok- firm Arthur D. Little International, totes ers, who die sooner but have higher an- up smoking's "positive effects" on nationa: nual medical expenses, have reached con- finances, including revenue from excis~ ~icting conclusions. Gauging the real level and other taxes on cigarettes and "health. of such costs is very difficult, and hard-to- care cost savings due to early mortality." quantify expenses aren't captured in many The premature demise of smokers estimates. saved the Czech government between 943 Tobacco-control experts attacked the million koruna and 1.19 billion koruna Czech report. "Is there any ulher company ($23.8 million to $30.1 million) on health that would boast about making money for care, pensions and housing for the elderly the public treasury by killing its customers? Please Turo to Page A6, Column I I can't think of one," said Kenneth Warner, an economist at the University of Michigan's school of public health. Dr. Wamer said the study appeared to be seriously flawed be- cause, among other things, it fails to con- sider what the economic impact would be if smokers stopped buying cigarettes and spent their money on other goods instead. From Council Member Pfab Bedtime Stories fn Philadelphia, Cynthia Higgins, 41. a former teenage mother, says "absolutely tremendous" need led her to open a small kpl day-care chain called Dusk-2-Dawn 24/7 In 24-Hour Worace, Quality Childcare. She serves 140 chil- dren. Typically, 45 children spend all or Day Care Is Moving of each .ight. To the Night Shift v shmg for Fle,.inty Over the past decade or so. there have been scattered efforts to offer odd-hour Parents Drop Off Their Kids child care. Some have stumbled, mostly becanse of parental squeamishhess about At Dusk-to-Dawn Sites; putting children to bed in an institution, however nice. There are indications, The Future of Babysitting. though, that popular attitudes may be changing. A generation ago, day care of Continued From First Page any sort was widely shunned. Today, cen- may face a changing cast tucking them in, LightsOutintheSleepRoom ters say they are under increasing pres- says Dr. Pruett, who questions "whether sure from parents who even if they still we are asking just too much of our kids in balk at night care-are demanding greater those settings." flexibility to accommodate early-morning LOts of families don't think so-and. in By BARSArA CARTON commutes and later evenings at work. any case, they say they don't have a choice. Staff Reporter of THE WALI. STRFABT JOURNAL FOrd Motor Co., auto-parts maker Vis- Natalie Biggs, 38, a single mother who NORTH LAS VEGAS, Nev.-There are plenty oI places to sleep at the Children's leon Corp., and the United Auto Workers works a rotating day/night schedule as a are building 13 facilities that cotrid stay cashier, is thrilled to have found Chil- Choice Learning Center here, but nine- open round-the-clock. The first center, dren's Choice. "I've seen other day cares," year-old Najah Finch isn't napping. scheduled to open in Dearborn, Mich., she says, "but not as nice as this." Her Wearing a pink "I am Boy Crazy" later this year, has 1,090 applications for son, Donorart, five, spends two nights a l'-shirt, she cartwheels around the floor, 220 available slots. week at the center while she works 11:30 iu'eaks for juice and popcorn, then settles Sears, Roebuck & Co. plans a six-city p.m. to 7:30 a.m. ,Iowa at the TV for a Muppet video. Na- program to encourage day care operators iah's mom isn't due to pick her up for to stay open as late as 11 p.m. Britt Ber- 'I Can Be Here in Two Minutes' another three hours. Pelt, chief execntive of Medical City Dallas "It's nice to be a couple of hundred At 3:30 a.m. Hospital says he is eagerly awaiting this yards away from your child," says Ron A good number ofNajah's 50 playmates fall's completion of the center's new $4 Santisteban, 49, a walter who works the 4 .von't leave until the wee hours, either. million. 24-hour child-care center, which p.m. to midnight shift at a nearby steak )limPs will stay all night at the round-the- he says will give him an edge in recruiting irause while daughter Angela. 10. goes to 9ock facility. Many of the children's par- nm'ses. Cbildren's Choice. "If anything goes .nts are cashiers, dealers and others work- wrong, they know where i'm at. Ican be nlg the busy weekend shifts at the Texas The Subdivision That Never Sleeps here io two miautes.' :<tation Gambling HaLl & Hotel next door, A place to leave the kids any time is even Judy Harden, wire bus fought for over- hat some 40% work as hospital teehal- touted as a lure by the 100-acre Coventry night facilities as family care c¢~,rdinutor :ians, nurses and call-center operators. housing development in Valparaiso, Ind., lot' the United Auto Workers, says "people As more single parents and working which promises homebuyers a "24-hour day who criticize ... don't understand the reality i'nuples cope with a 24-hour economy, day care" center on site. The subdivision is near tlf today's workplace." At Ford, that -calitv , are is making an uneasy transition to Bethlehem Steel Corp. 's Bums Harbor plant was summarized in a "needs assessment" fright care. Employers are building round- and other round-the-clock employers. conducted before the 1999 conb'act talks Hm-clock centers to attract and keep em- Although the move toward expanded that led to expanded overnight falllilies. ployees. State and local governments are hours and overnight care is widely re- Ford bodt a 24 hour center in 1999 for 175 ;dso supporting extended-hour and night- gaPdeal as a necessity mandated by new of its employees' children in Livonia, Mich. care initiatives, partly because they feel economic realities. it leaves some provid- But the new Snrvey showed nmre need: 9lc; ~bliged to help the single mothers they ers and childhood experts uncomfortable of Ford's 86,100 Detroit-area employees ~cnt to work under wellare reform. about lengthening periods of parental sepa- were hourly employees iu night jobs 'It Takes TWO Incomes' ration and lack of adequate sleep, espe 58q, were younger than 46. In Kansas City cially for preschoolers. At Children's half of Ford's workers were boorlies in "If we could have the kind of life that Choice, on the night Najah Finch left at night jobs, with two-thirds orator 46. One ,uP parents had, where 1 would go to work 3:30, at least eight children stayed 13 the reasons Ford 'supported tile idea, says :~ to 5. Monday through Friday, and my hours or more, including a preschooler Rcnee LerchtTM, then the co apart} 's dilector ~vife was able to stay home with the chil- dropped off at 6:19 Friday evening and of workplace development, is that llHaq~ ul dren, we'd nmch rather do that." says picked up at 10:18 the following morning. its worker abseoteeism is caused by par h~andy Donahue, a security guard whose If work schedules leave parents no eats' need to stay home with sick rhikhcn. wife is a night-shift nurse. "But in today's choice but institutional overnight care, Natiomdly, the tr.S. Departnwnt ./l La .3?orld, it takes two incomes to make it "we'd better rethink our whole system so bt,r says that about one in six Wolkers tlad ~vork.' Mr. Donahue arrives at Children's that parents do have choices," says T. evening, night or rotating-shift sclmtlnles Choice nero' midnight to pick up his chit- Berry Brazelion, a Harvard Medical iu 1997, the last year it collected such dren after work. School pediatrician and author of popular tires. The ratio ltad been steady for u}unlt In Florida, the mlmber of providers of- child rearing books. :/decade. tcring child care sometime between 6 p.m. Kyle Pruett, a professor of psychiatry But titat was before the cbang~.s mwel md 7 a.m. has grown 149, to more than at the Yale llniversity Child Study Center, fare rules becalne widespread. reclulrd,g 1,7,eu since the cod of I999. IHinois last says children arc esperially vulnerable mothers to return to wnl'k. Ottell, beGnest rnooth extended a two year, $1 million pi- and prone t t ~xietv at bedtime. With the [bey have limiteel qualificatillos. ex wet iot project that encouraged 10 day care high staff turnover in day care, chddren tare oloms get the work no {)lie else centers across the s~ate to offer subsidized Please TlU'H to PtI!Ie All, Cohnlltl I int baling night shifts. In Washtub'ton ,dd hotiF care. UnllGFen s Cltolce has built five 24-bour centers and is under contract to build seven more. Four of the centers were built .it4 THE WALL STREET JOURNAL FRIDAY, JULY 6, 2001 for Station Casinos Inc., which operates a chain of gambling parlors. Half of its 11,000 employees are women, many of In 24 Hour Economy them --gie parents laboring .t ea.-of- - night jobs. The four centera eareli 3,000 children, with 25% of usage occurring over- night, and also have contracts with other 24-hour employers in the Las Vegas area, including three hospitals, a call center and a drug-testing laboratory. Evening Hours Day Care Moves to Night Shift Th, ,,ass,a,o,c,,te,.oneo, fhe four, looks like a bright elementary school by day, with colorful murals and brand- new equipment. By 10 p.m. one spring night, however, lights in most classrooms had already been dimmed. The 50 children state, the number Of children whose par- ers have urged hours limits because some being looked after are divided into various eats are seeking qight or weekend care parents are virtually abandoning their chil- gq'oups - infants age six weeks and up, ted- from community referral agencies has dren to day care, even during hours or surged 53% to 12,588 since 1996, when web vacation days when they aren't at work, dlers, and those that are older. Most of the younger group are asleep fare reform was e!~tcted. bringing them home only to sleep over- in cribs or pint-size cots. where Children's Many manufacturers, meanwhile, have night. says Pat Urzedowski, Nebraska's Choice workers have tucked them in. Some been consolidatinl~ and adding shifts at child-care licensing administrator. She existing plants rather than building new says providers are concerned that Children are clutching blankets from home, with pictures of their parents hung on the walls ones according to William G. Sireis, chief are "missing out on an important part of nearby. But two of them are still up, includ- operating officer of Circadian Technolo- childhood-being with their family." ing a 10-month-old whose parents want gies Inc., a Cambridge, Mass., consul- "I've had to tell more than one parent, him awake in parallel with their work cy- fancy that specializes in round-the-clock 'You're leaving your child too much,'" clc and asleep in the daytime. He crawls business. Mr. Sireis says there is an "ex- says Elvira Mensalve, who provides child silently across the floor in an orange piesion" in round-the-clock telephone-call care in her Boston home. She says that ell Space Exploration sweatshirt, his path iIlu- centers, computer-facility sites and retail- occasion, parents on business trips have mtnated by nightlights. ers that close late at night, or not at all. left children for two or three weeks at a Down the hail, laughter erupts from Longer commutes also stretch day time. She declines to give their names. the brightly lighted activities room, where care. Sara Murphy, a 23-year-old loan of- Massachusetts sets no limit on child-care the 17 older kids, including James Novak, ricer, drops her one-year-old, Cecily, at the hours. are still wide awake. "I've never been to a 24-hour Little Sandbox Daycare near her Seeing the changing work landscape as cool day care like this," says the 10-yeur- Oakley, Calif., home by 6 a.m. and some- an opportunity, Leslie Wulf started Chil- old, who lives with his grandmother, a ca- sino dcaler. "We've got computers. All we ha(l at tile old place was board games." In Washington state, the number of children whose o. school nights, dormitory-style rows parents are seeking night or weekend care pom ?LoM rap.r ' yrefe lage rged53% ends, beds don't go down until l communit rra llcies ho.s sit to a.m. also with parents' permission-and 12,588 since 1996, when welfare reform was enacted. and a video. the group breaks for a snack. Meadwhile, weary parents come and go, times as early as 4 a.m. Unless she starts dren's Choice Learning Centers Inc. in picking up and dropping off children. early, she says, she can't get a parking 1998. Its business plan: building and oper- Just before midnight, Mr. Donahue, the space at the train station to get to her ating 24-hour centers for employers. Its security guard, lifts his sleepy four-year- credit-nnion job in Oakland. Her total corn- corporate slogan: "Child Care That Is Al- old son, Kyle, to one shoulder while daugh- mute time: an hour and 45 miralies. ways There." ter Emily, who is eight, pads along beside Ms. Murphy. whose husband has a Mr. Wulf targets fast-growing markets in a Strawberry Shortcake nightgown as longer' commute, says she has looked for in the Sun Belt and the South, where the the lalnily heads out into the parking lot. work nearby, "but this is a really small work force includes large numbers of new- Mr. Donahue's wife, Lorna, won't be home town and pay isn't good at all. And tile comers or transients living far away from t'rl/m her nursing shift until breakfast. company I work for is a really great corn- parents and siblings. Employers in these Tonia Jones, a single mother and X-ray party they're helping me develop into locales "are finding there is no family in technician at a local medical center, drops what I want to do in the future, which is be frastructure,' says Mr. Wulf, formerly tile off Tristian. a six-year-old kindergartner. a branch manager." president of the Grandma Lee's restau She'll pick him up when she gets off work rant chain. "And the less family infrastruc- at 7:30 a.m. "Before this," she says, "I had Many states and localities limit the ture there is, the hardel' it is for employ- to struggle to see who would keep him. I lengths of stays in day care, and proriders ees to balance work and family." alternated days with relatives. My cousin also set maximums, but these rules reflect Children's Choice daily rates vary, ac and my morn took their turns." But at- little agn'eement oil what is best for a cording to the child's age and the hours rangemeats often broke down, so she child. Commcticut linfits care to 12 hours used. For example, an infant kept up to [tlrned to Children's Choice, where she in a 24 hour period. Kentucky allows up to three hours costs $7 an hour, versus $4 ae says the care is more reliable. 16. Several others, including Pennsylvania hour for children six to 12 years old. An By the time Najah Finch's mother and Michigan, merely state l hat the care infant left for the maximtim 12 hours to ! t shows up after her casino-dealer shift, the cannot encompass an entire 24 hours. In hours would cost $40 a day, whereas a (; to f, lurth grader is already fast asleep, the Ford-Visteon-UAW centers, the limit 12 year old kept for the same period costs curled op with her favorite stuffed dol- will be 12 hours. $26. Siblings get a 5c/~ discount off the old- phin. Staffers tucked her in, but they , In Nebraska, several day care provial- est child's trillion rate. didn't hug or kiss her goodnight. They say the rules forbid that. ' ARE' AWAY _sGol Midwes TRAVEL TRAVEL HOMEIOW~ TRAV[L A trip tO the headland RESOURCES Culture comes easy in Iowa Weather in Iowa Iowa Ci~ MaD By Jon Anderson Domestic air fares Originally Publishd: July O& 2001 Tourism contacts ~rMno ~irections Iowa Ci~, Iowa - Of course, ~e locals get kked when I refer to ~is place as "Bdgadoon." ~ey live here, this ~anquil college town, famed for its writing PR0~0TION$ programs, a se~ing that combines ~e best of Paris in the '20s with the greene~ and good food of the i~ American headland. ]A~venture ~ ~ere ~e plenty of cafes ~ which to sit and mull. ~e New Pioneer Co-op, once filled wi~ b~els ofbu~ GO] I grains, now has cheeses from around ~e world and the hippest sandwiches ~is side of San Francisco. ~e Prairie Lights bookstore broadcasts poe~ ~d fiction readings, live. "~ere's always some~ing going on," notes Barbie Ma~, a friend that my girlfriend and I set out to visit on a recent weekend, spending ~vo days at the Iowa House hotel on ~e ba~s of~e Iowa River on the U~versiW of Iowa Campus. She was right. I took in a weekend course at ~e Iowa Sumer Writ~g Festival (open to anyone in June and hly) and spent a lot of time simply walking around, taking in the campus atmosphere. ~ough Ga~ison Keillor's fictional Lake Wobegon, where it is always "a quiet week," is slightly fu~er no~, it was some~ing like that larger rhy~ feeling that we seeking on o~ weekend adventure, a place where ~e natural forces of ~e planet can be appreciated, ~ an era when news is eve~here but ~derstanding often seems sadly lack~g. Such a place is Iowa CiW, a to~ ~at has a major ~iversi~, the nation's largest teaching hospital, rich suno~ding fadand and ~e best-~own workshop for writers in the count. http ://cgi.chicago .tribune.com/travel/destinations/locale/0, 1799,ID=0107080002,00.html 7/11/01 Page 2 of 5 For people who like writing--and a recent study indicated that some 5 million Americans are into some form of fiction-writing, journal-writing or poetry these days--Iowa City has Iot of places to feel comfortable. For starters, Prairie Lights, at 15 S. Dubuque St., one of the iargest independent bookstores in the country, has three floors to wander. If you'd rather wander, head south a block onto Iowa City's pedestrian mall. There are plenty of benches to sit in tree-shaded comfort. We did that, to take in the scene. Some of our favorite stores are nearby, including the Iowa Artisans Gallery, at 117 E. College Av., where I once bought a chair carved to resemble Grant Wood's famously dour pair of Iowans, actually his dentist and his sister. Wood, who was born not far from Iowa City, became an art professor at the University of Iowa, which has a museum, at 150 N. Riverside Dr., where I spent a lot of time when I was a student at the University of Iowa, admiring the work of such faculty members as Kith Achepol, Sue Het~nansperger and Bill Nowysz. The museum, we heard, will be closed this summer, then reopened on Aug. 31 with a new installation of the museum's permanent collection, including many works by Wood., some of them happy. Our base in Iowa City was right across the river from the museum, in the Iowa House section of the university's student union. These are not the fanciest digs in the world, but they are clean, serviceable and, amazing for their location, quiet. What else did we do? Between classes, we ate, a tasty lunch of chicken quesadillas at One Twenty Six, an upscaling of what was once the Great Midwestera Ice Cream Shop. Then, diuner at a campus hangout, Gringos, which, despite its Mexican flavor, offers lots of fresh Iowa produce. If we'd had more time, we'd have checked out some other downtown restaurants that friends in Iowa City recommended: Devotay, at 117 N. Liun St., the next- door Lima Street Cafe, and Atlas, at 127 Iowa Av., a new operation that is "just superb," according to our friend, Barbie. For those lacking an Iowa City friend, one way to game-plan the weekend is to start at the Java House, a downtown cafe with plenty of comfy sofas, and a copy of the weekend Press-Citizen. The back page of its front section lists everything going on from Iowa City to the nearby Amana Colonies. http ://cgi~chicag~~tribune~c~m/trave~/destinati~ns/~~ca~e/~~~ 799~~D=~ ~ ~7~8~~~2~~~~htm~ 7/11/01 Page 3 of 5 Not far away from Iowa City is the scenic Coralville Dam which, when it overflowed a decade ago, washed away enough dirt and rocks to uncover what is now called the Devonian Fossil Gorge, with specimens dating back 375 million years. The Kalona Historical Village has 13 restored buildings, including a quilt and textile museum, celebrating life in the 1800s in Amish country. They're closed Sundays. Iowa City isn't for everybody. In the mid-1960s, the late Nelson Algren, a tough-guy Chicago author, taught for a semester at the Iowa Writers Workshop. He was appalled to find that Iowa City lacked such writefly inspirations as slums, street crime, seedy pool halls and the emotional and physical messes associated with metropolitan underlife. According to Jane Smiley, who hit the University of Iowa a decade after Algren, that still left quite a bit. A point that Smiley often made, quite firmly, was that a lot goes on in Iowa, including emotions that match any found in big cities. "I've never been the least bit disappointed with the conversation I found in the outer hinterlands," Smiley said. "I came from a family that is well educated, very talkative, very self-confident, very funny and absolutely rooted in the Midwest. Everybody was always talking, laughing and joking. "Another thing was that they never talked about anything but each other. I grew up in the '50s, with civil rights, integration and the atom bomb, but they never talked about those things. They only talked about why aunt so-and-so did such-and-such back in '39 and what it's meant since." In other woids, when you go to Iowa City, you hear good stories there. THE BOTTOM LINE Weekend expenses for two Lodging (two nights) ..... $178 Meals ....................$185 Gasoline ..................$35 Tolls ......................$5 Total ....................$403 IF YOU GO http://cgi.chicago.tribune.com/traveI/destinations/locale/0, 1799,ID=0107080002,00.html 7/11/01 Page 4 of 5 GETTING THERE Iowa City is about 235 miles from downtown Chicago. Take the Eisenhower Expressway (Interstate Highway 290) west to the East-West Tollway (Interstate Highway 88.) Continue west to Interstate Highway 80 near the Quad Cities. Iowa City is about 60 miles past the Mississippi River. LODGING Iowa House Hotel (Iowa Memorial Union, Madison and Jefferson Streets; 319-335-3513; www.imuis.uiowa.edu/iowahouse) was recently renovated. Rooms run about $90 a night. There are many B&Bs nearby, notably Haverkamp's Linn Street Homestay (619 N. Linn St.; 319-337- 4363) They have three nice rooms, at about $55 a night. Not disabled accessible. DINING One Twenty Six (126 E. Washington St.; 319-887- 1909) has an adventuresome menu that runs to such local delicacies as grilled applewood smoked Iowa pork chop with raisin port sauce (at $18.) Gringo's ( 115 E. College St.; 319-338-3000) is reconunended for those seeking a raucous place with good food on a weekend night. Mention Airliner (22 S. Clinton St.) to any IU grad, going back a half century or more, and chances are their eyes will go misty thinking of its pizza, deep- dish or thin, and its soups, salads, pasta, seafood--and beer. The place, across the street from the building that was Iowa's Capitol in the 1840s, claims to be Iowa City's oldest restaurant. A place to relive that college experience, before heading to the nearby Java House for dessert and coffee. Hamburg Inn # 2 (214 N. Lirm St.) is where a local comedy troupe starring Dan Coffey, also known as "Dr. Science," once filmed a scene for "Zadar: Cow From Hell." Look for Pulitzer Prize winner James Alan McPherson in a back booth. ATTRACTIONS The Museum of Natural History (Clinton and Jefferson Streets; 319-335-0482) is next to the Old Capitol (itself worth a tour). The museum's Iowa Hall gallery covers a billion years of history, with dramatic dioramas of a Meskwaki village, a giant Ice Age sloth and the bluffs lining the Mississippi River. Open daily from 9:30 a.m. to 4:30 p.m., except Sunday, when it's http://cgi.chicag~.tribune.c~m/trave~/destinati~ns/~~ca~e/~~~799~~D=~~~7~8~~~2~~~.htm~ 7/11/01 Page 5 of 5 noon to 4:30 p.m. No admission charge. Plum Grove (1030 Carroll St.; 319-351-5738) is the stately 1844 homestead of Gov. Robert Lucas and his wife. The site garden, is open Wednesday through Sunday 1 to 5 p.m., from Memorial Day through Oct. 31. No admission charge. University of Iowa Museum of Art ( 150 N. Riverside Drive; 319-335-1727) will close July 29 for a month, to allow a reinstallation of its permanent collection. It will reopen Aug. 31. Admission is free. The Iowa Summer Writing Festival is in its 15th year and offers 136 week-long and weekend classes to 1,600 writers each summer. The festival runs through July 20 and is open to anyone, subject to availability. For information, call 319-335-4160 or go online, at www.uiowa.edu/(tilde)iswfest. FARMERS MARKETS The Chauncey Swan parking ramp (between Washington and College Streets) is the site of a farmers market May through October. The weekend times are Saturdays from 7:30 to 11:30 a.m. Wilson's Orchard (2924 Orchard Lane NE; 319-354- 5651 ) offers a do-it-yourself country experience, picking from a dazzling selection of 150 varieties of the world's best apples. Daily through August, September and October from 10 a.m. until it is too dark to see. INFORMATION Iowa City/Coralville Convention & Visitors Bureau, 800-283-6592; www.icccvb.org. NOTE.. Prices, dates and other time-sensitive material may have changed since the original publication date. Hey, It's spring in Wisconsin! ~" http://cgi.chicag~.tribune.c~n~trave~/destinati~ns/~~ca~e/~~~799~~D=~~~7~8~~~2~~~.htm~ 7/11/01 Distribution requested by Counci 1 Member Vanderhoef S P E C I A L R E P 0 New The 2001 legislative session marks the first session of the 79th General Assembly. This Special Report describes laws affecting city government that passed during the 2001 session. Laws are listed in order of House File (FIF), House Joint Resolution (HIR) and Senate File (SF) numbers. A category are provided to help locate specific laws of interest. All laws are effective July 1, 2001, unless otherwise noted. A citation appears in italics after each summary to indicate if the new law amends the Code oflowa. Of Please note the appendix located at the end of the document. This provides an in-depth review of the new bidding requirements for public improvements. considered a substitute for the enrolled bill. The legislation in its entirety may be obtained by finding the bill file number and using one of the to Cities To receive a copy of an enrolled bill: June 2001 Contact: Legislative Information Office State Capitol Building Des Moines, Iowa 50319 (515) 281-5129 Access the Internet at: www. iowaleague.org (click on "Governmental Affairs" and "Find a bill") enforcing the new law. : . . m.:. . .""7'; ~ ."';' i :. ;.:,:-; :7. 7.;,;;:... ~;....;, ,.:;;:;:5..".. ';"' "':"""" .......','.' ."""F;.'~,~,~o0 IOWA ~..,.,,.,, ~:~., :.~ .L.~t,. ',~ ~ ,..,~..T:';'" ~ ' ..::..~. 5o,o,-.,,, LEAGUE ",~'.~C~h~.,",.~~__ '~~/~j~[llll~¢~.,~ (515) 244-7282 FAX (515) 244-0740 of CITIES TABLE OF CONTENTS Introduction ...................................................................... 1 HF ! Heating Fuel Sales Tax Exemption ............................................ 2 HF 179 Police Animals ........................................................... 2 HF 259 Notary Seals ............................................................ 2 HF 272 Misconduct by a Public Officer .............................................. 2 HF 301 Rural Water Associations ................................................... 2 HF 324 Bidding Requirements for Public Improvements ................................. 2 HF 349 Enterprise Zones ......................................................... 2 HF 383 Model Community Designation .............................................. 2 HF 481 City Precincts ........................................................... 2 HF 535 Child Care Centers ........................................................ 3 HF 56! All Terrain Vehicles Regulations - VETOED .................................... 3 HF 577 Electric Power Generation .................................................. 3 HF 581 Drainage and Levee Districts ................................................ 3 HF 590 AIDS Testing ............................................................ 3 HF 624 Police Chief Appointment .................................................. 3 HF 635 Travel Time Compensation ................................................. 3 HF 636 Underground Storage Tanks ................................................. 3 HF 637 Library Systems .......................................................... 3 HF 647 Release of Individual Photographs ............................................ 3 HF 656 Storm Shelters ........................................................... 3 HF 680 Abuse Reporter Training ................................................... 3 HF 694 Housing Trust Fund and Commission - VETOED ................................ 4 HF 696 Workforce Development Office Surcharge ...................................... 4 HF 698 Vision Iowa Bonds ........................................................ 4 HF 705 Sales Tax on Utility Delivery ................................................ 4 HF 711 Drainage or Levee Tax Assessments .......................................... 4 HF 715 Tax Provisions ........................................................... 4 HF 718 Economic Development Appropriations ........................................ 4 HF 719 Oversight and Communications Appropriations .................................. 4 HF 722 Retained Tonnage Fee ..................................................... 4 HF 725 Agriculture and Natural Resources Appropriations ................................ 4 HF 739 Payment of Bonds with Sales Taxes ........................................... 5 HF 742 RIIF and Environmental First Fund Appropriations ............................... 5 HF 755 Standing Appropriations ................................................... 5 HJR 5 Local Options Sales Tax Administrative Fee .................................... 5 SF 57 Utility Franchise Elections .................................................. 5 SF 83 Uniform Citations ........................................................ 5 SF 94 Escape from Custody ...................................................... 5 SF 168 City Cable Franchises ..................................................... 5 SF 184 Condemnation Fees ....................................................... 5 SF 185 Manufactured Housing ..................................................... 5 SF 222 Liability in Real Property Improvements - VETOED .............................. 5 SF 323 Utility Retirement System Investments ........................................ 6 SF 337 Structured Settlement Payment Rights ......................................... 6 SF 344 Open Records ........................................................... 6 SF 350 Comnaercial Motor Vehicle Changes .......................................... 6 SF 410 Indoor Air Quality Requirements - VETOED .................................... 6 SF 449 Tax Exempt Property ...................................................... 6 SF 462 Energy Loan Fund ........................................................ 6 SF 500 Self-funded Workers' Compensation Plans ...................................... 6 SF 515 Crossing of Railroad Rights-of-Way by Public Utilities ............................ 6 SF 519 Subsidized Housing ....................................................... 6 SF 528 Temporary Loans from RISE Funds ........................................... 6 Appendix (HF 324 Bidding Requirements for Public Improvements) ............................ 7 Index in Alphabetical Order ........................................................... 9 Index by Category ................................................................. 10 INTRODUCTION The 2001 New Laws of Interest digest contains a summary of changes to state laws that impact cities. The summaries contained in this report are drafted to highlight the changes in the law. This document is intended to serve as a reference to new laws impacting cities but not as a substitute for the enrolled legislation. The 2001 General Assembly is characterized by legislation that did not pass rather than an abundance of new laws. Particularly considering there were over 400 bills filed that impacted cities, the adoption of only a few bills seemed highly unlikely during the first part of the legislative session. For cities, this inaction proved beneficial, and the result was less erosion of Home Rule authority. In a repeat of the 2000 legislative session, efforts to enact a property tax limitation on cities and counties failed to gain the support of the General Assembly. The difference in the debate between last year and this year was the increased momentum proponents of the limitation had entering the legislative session. In early January there was widespread sentiment that some form of a limitation would pass, and city and county officials were urged to capitulate to something with which they could live. Fortunately, city officials held their ground, and cities were removed from the last version of the bill. Land use and tax increment financing restrictions came to the forefront again in 2001, but in the end, very little change was adopted. Partnerships forged with business interests have aided city efforts to preserve Home Rule authority in these areas so economic development initiatives may thrive. What all of these issues have in Common is that they will continue to come under attack. While a limitation has been held at bay currently, it will resnrface. Cities need to be prepared with a plausible altemative. There were some measures adopted this year that further erode the property tax base, making reform of the current system even more essential. The League will work towards that end and, hopefully, will report positive changes to Iowa's tax system in next year's New Laws of Interest. HF 1 Heating Fuel Sales Tax Exemption departments in the service area. Exempts rural water Exempts heating fuel from sales tax on March and districts and rural water associations incorporated April 2001 utility billings. Phases out the state sales pursuant to Chapter 357A or 504A from liability for tax on heating fuel over a five year period, but claims based on an act or omission in connection retains local option sales tax. Section 422.45. with the provision of water for fire protection by a Effective upon enactment. city, township, or benefited fire district unless the soft-hose fill stations mallunction or do not meet HF 179 Police Animals the performance standards within the specified Exempts police dogs or horses acting in perfor- agreements. Requires the Legislative Council to mance of their duties, from confinement regulations review the liability exemption no later than July 1, applicable to biting animals. Section 351.39. 2006. Section 357A.22A. HF 259 Notary Seals HF 324 Bidding Requirements for Public Required notaries be 18 years of age. Requires Improvements notaries use a stamp or seal that contains the words Requires cities to publicly bid construction, recon- "Notarial Seal" and "Iowa," the notary's name and struction, or improvement of a highway, bridge or "commission number." The seal can either have the culvert project that costs in excess of the specified phrase "my commission expires" with the date of threshold. Requires the director of the Iowa expiration or "my commission expires" followed by Department of Transportation to appoint a bid a blank line. If the seal contains a blank line, the threshold subcommittee to review competitive bid notary must print the date that his or her term thresholds applicable to city and county projects. expires on the blank line imprinted on each docu- Makes other changes. Various sections. ment, instrument or paper subject to a notarial act. Chapters 9E and 558. Effective date January 1, Editor's Note: See Appendix. 2002. HF 349 Enterprise Zones Editor's Note: Mayors and city clerks by virtue Expands the types of businesses eligible for the of their office are empowered to administer enterprise zone program. Allows cities to give prop- oaths and take affirmations as notaries in any erty tax exemptions on the added value of property matter pertaining to the business of their located in enterprise zones. Section 15. 193C. respective office, position or appointment. Applies retroactivcly to January 1, 2001. HF 259 requires that these officials also use a stamp or seal that contains the words "Notorial HF 383 Model Community Designation Seal" and "Iowa," the person ~ name and the Requires city council approval of a model commu- title under which he or she may perform nity designation as established by the Governor's notarial acts. office. Section 7. 18. HF 272 Misconduct by a Public Officer HF 481 City Precincts Makes the falsifying of a document or the delivery Requires establishing electoral precincts in a of a falsi~ed writing with the knowledge that it will manner that reduces the cost of staffing thus become a public record by a public officer or restricting cities from creating more precincts than employee an act of felonious misconduct. Section reasonably necessary to provide voters with access. 721.1. If the county election commissioner objects to the number of precincts established, a city is required to HF 301 Rural Water Associations justify precinct designations in its ordinance. Requires rural water district and rural water Section 49.5. Effective upon enactment. associations to establish fire protection programs that include, but are not limited to, providing access to designated soft-hose fill stations and to provide updated maps of those stations annually to all fire HF 535 Child Care Centers HF 635 Travel Time Compensation Allows cities to issue general obligation bonds, Clarifies that employees are not entitled to cornpen- revenue bonds or loan agreements to fund sation for travel to and from a work site even if the construction or equip child care centers. employer provides transportation. Compensation Section 384.24. Effective upon enactment. may be required if the employer mandates the employee use the employer's transportation, the HF 561 All Terrain Vehicles Regulations travel occurs during work hours, rather than before v/~ T O !~ D or after, or if a collective bargaining agreement pro- Repeals the requirement that all-terrain vehicles rides for compensation. Section 91A. 13. (ATVs) and snowmobiles on public roadways fly a flag or pennant. Repeals the restriction that a person House File 636 Underground Storage Tanks cannot operate an ATV while carrying a passenger. Allows operators of underground storage tanks to Section 321.234A. receive reimbursement for some corrective action costs from the Innocent Landowners Fund. Section HF 577 Electric Power Generation 455G. 21. Modifies the criteria for construction or lease of an electric generating facility. Authorizes municipal HF 637 Library Systems utilities to use joint financing for the construction of Reorganizes the Regional Library System into a generating facility and includes municipal utilities seven Library Service Areas. Defines a library under alternate energy requirements. Requires all service urea as a state agency and its employees as utilities to offer an alternate energy purchase pro- state employees. Requires the Department of gram to customers. Provides for the development of Management to study city and county support of a state electric energy policy. Various sections. public libraries, in consultation with specified Effective upon enactment. associations. Various sections. HF 581 Drainage and Levee Districts Editor's Note: The League is one of the Increases the size of drainage or levee districts specified associations. required to have elections from 3,000 acres to 20,000 acres or more. Section 468.504. HF 647 Release of Individual Photographs Allows the Iowa Department of Transportation to HF 590 AIDS Testing release a person's photograph to officers and Allows peace officers, firefighters and emergency employees of a law enforcement agency in the service providers to receive the results of an indi- performance of the employee's official duties. vidual's acquired immune deficiency syndrome Section 321.11. (AIDS) test if they were exposed to the individual while providing health care assistance. The peace HF 656 Storm Shelters officer, firefighter or emergency service provider Prohibits cities from requiring storm shelters to be must submit an exposure report to the health care located closer than 1,320 feet from any manufac- provider to receive the test results. lured or mobile home in the community or park. Sections 139A.19, 141A.8. Cities may require a minimum of one shelter to be located in a manufactured home community or HF 624 Police Chief Appointment mobile home park. Various sections. Makes the appointment and dismissal of the police chief subject to the consent of a majority of the HF 680 Abuse Reporter Training council in non-civil service cities. The mayor shall Requires job-specific training for mandatory not vote on the appointment or dismissal. reporters of child and dependent adult abuse, which Section 372.4. includes peace officers. Sections 135.11, 235B. 3. Editor's Note: The elected or appointed official employing the peace officer shall ensure com- pliance with the training requirements. in time from the sunset of local option tax if the HF694 Housing Trust Fund and Commission jurisdiction votes to continue the tax. Provides that I/Ill T O I~ D the machinery and equipment tax replacement fund, Creates a Housing Trust Fund and a Housing Trust currently funded with a standing unlimited appro- Fund Commission administered by the Iowa priation, will be prorated to pay claims if the Finance Authority and the Iowa Department of General Assembly elects to place a cap on the fund Economic Development. The commission will be in the future. Specifies that an appeal of a cigarette appointed by the govemor. Sections 16. 181, 16. 182. permit suspension or revocation must be made to the authority issuing the permit. Retroactively HF 696 Workforce Development exempts from property taxes facilities used for Office Surcharge cooking, refrigeration or freezing of value-added Reinstates the employer surcharge used to fund agricultural products as of January 1, 2000. Sections Workforce Development offices around the state for 404.4, 422.35, 422B. 9, 427A.1. two years. Requires the Department of Workforce Development to examine relocating offices to area HF 718 Economic Development Appropriations community colleges or other local government Provides funding to programs administered by the facilities. Section 96. 7. Iowa Department of Economic Development. Establishes pilot immigration service centers HF 698 Vision Iowa Bonds designed to support workers, businesses and com- Changes procedures in the issuance and payment of munities. Various sections. bonds for the Vision Iowa Program to increase the funds available for projects. Section 12.72. HF 719 Oversight &Communications Appropriations Editor's Note: This change is expected to result Provides funding to the Iowa Communication in an estimated $5 million in additional revenue Network and Information Technology Department. for Vision Iowa projects. Requires an agency to maintain written reports or newsletters in electronic form and make them HF 705 Sales Tax on Utility Delivery accessible to the public through the Intemet. Phases in an exemption from sales and use taxes on Transfers certain funds from Revitalize Iowa delivery charges for electricity or natural gas to Infrastructure Fund to the pooled technology residential customers. The exemption does not account. Various sections. apply to local option sales tax. Section 422.45. HF 722 Retained Tonnage Fee HF 711 Drainage or Levee Tax Assessments Allows a city, county, or public or private agency Requires that levies for deficiencies in drainage or that has not reached the 50 percent waste reduction levee projects are due and payable in the same man- goal to retain an additional $.25 of the tonnage fee. ner as the original assessment. Sections 468.52, If the agency has met at least a 25 percent 468.55. reduction, the agency may retain $.35. The moneys retained are to be used for implementing HF 715 Tax Provisions waste volume and recycling requirements in the Specifies that the length of time over which an comprehensive plan. Sections 455B. 310, 455D. 3. urban revitalization property tax exemption may be allowed in situations where a timely application HF 725 Agriculture and Natural Resources was not filed is equal to the number of remaining Appropriations years left in the exemption schedule. Provides that Provides funding to the Iowa Department of Natural income from the sale of obligations of Iowa and its Resources and the Iowa Department of Agriculture political subdivisions are taxable for purposes of and Land Stewardship. Requests a Water Quality state individual income and corporate taxes and the Interim Committee to study the state's surface and state franchise tax unless specifically exempted subsurface waters, including drinking water from the income from these taxes. Prevents a lapse sources. Various sections. law enforcement agency issuing the citation or his HF 739 Payment of Bonds with Sales Tax or her designee. Formerly, a uniform citation could Allows cities to apply local option sales tax pro- be made by an unsworn written statement if the per- ceeds to bond payments. Section 76.4. son making the statement certified that the matter was tree under penalty of perjury. Section 805.6. HF 742 RIIF and Environmental First Fund Appropriations SF 94 Escape from Custody Provides funding to the Rebuild Iowa Infrastructure Makes the escape from custody by a civilly com- Fund (RIIF) and Environmental First Fund. mitted sexually violent predator a criminal offense. Appropriates $2 million to the Brownfield Allows the chief law enforcement officer to notify Redevelopment Fund. Various sections. the public of such escapes. Section 229A.5B. V I!1 T O 110101 A section requiring public SF 168 City Cable Franchises bidding for local projects that receive Vision Prohibits cities that grant more than one cable fran- Iowa funding was item-vetoed. chise from giving undue preference or advantage to the new franchisee. New franchise agreements must HF 755 Standing Appropriations include the same service area but may allow for a Allows the trustees of the Municipal Fire and build out schedule. Section 364.2. Police Retirement System of Iowa to set protocols for mental and physical exams given to applicants. SF 184 Condemnation Fees Applies new restrictions to cities that are eligible to Increases the fee assessed to cities by the county retain physical plant and equipment levy (PPEL) sheriff to $100 for summoning compensation com- revenues in tax increment finance (TIF) districts. missions in condemnation actions. Section 331.655. Cities may only retain PPEL funds if necessary to meet bond obligations incurred prior to July 1, SF 185 Manufactured Housing 2000. Cities may not retain PPEL funds if such Prohibits requiring a manufactured home built in revenue was not needed last year. Establishes an accordance with federal standards, be renovated to appeals process by which cities or schools may meet the state building code or any other building resolve disagreements over the amount of PPEL code when the manufactured home is being moved revenue the city may retain. Gives authority to to or within the state. Prohibits requiring a manu- county auditors to determine if the city needs to factured home that is built out of compliance with certify for PPEL revenue. Sections 400.8 and federal standards being moved from one mobile 403. 19. home park to another be renovated to comply with state building code, or adopted code unless the H JR 5 Local Option Sales Tax manufactured home is being rented for occupancy Administrative Fee or has been declared a public nuisance. Requires Prohibits the Iowa Department of Revenue and installers of manufactured homes to be certified and Finance from collecting a fee to administer local pay fees charged by the State Building option sales tax from tax proceeds. Administrative Commissioner. Chapter I03A. Code Chapter 701. SF 222 Liability in Real Property Improvements SF 57 Utility Franchise Elections 1/!~ T O · D Eliminates the election requirement for amending, Changes the statute of limitations from 15 to l0 extending or renewing a franchise for electric or gas years for a person to bring civil suit for injury to the unless an election is requested by the city or the person, injury to the property, real or personal, or provider. Section 364.2. wrongful death arising out of unsafe or defective condition of an improvement to real property. SF 83 Uniform Citations Section 614. 1. Requires a uniform citation and complaint be issued under oath and certified by the chief officer of a SF 323 Utility Retirement System Investments SF 462 Energy Loan Fund Exempts pension investments made by the govern- Eliminates a requirement for recovery of energy ing bodies of municipal utilities from the standards conservation costs within an average of six years for the investment of public funds. Makes those and provides that loans be made for all cost-effec- investments subject to the standards applicable to tire, energy management improvements. Section the Iowa Public Employee Retirement System and 473.20. establishes investment guidelines with some restric- tions. Chapters 12B, 97B, 412. SF 500 Self-funded Workers' Compensation Plans SF 337 Structured Settlement Payment Rights Makes numerous changes to insurance-related Establishes procedure regulating structured settle- provisions in the Code. Eliminates the requirement ment agreements for tort and workers' compensa- for cities with a self-funded workers' compensation tion claims, including required disclosures to the plan to file the plan and proof of solvency with the payee prior to any such agreement being approved. Insurance Commissioner. Section 87. 11. In particular, the act sets out the process for a payee to transfer payments fights. Chapter 682. Effective SF 515 Crossing of Railroad Rights-of-Way By May 26, 2001. Public Utilities Requires the Iowa Utilities Board, in consultation SF 344 Open Records with the Iowa Department of Transportation, to Provides that communication between government adopt rules prescribing the terms and conditions for and a paid contractor or consultant is not confiden- allowing a public utility to cross a railroad right-of- tial under the open records law. Section 22.7. way. Unless otherwise agreed between the parties, establishes a one-time standard crossing fee of $750 SF 350 Commercial Motor Vehicle Changes for each crossing. Provides for other related issues. Disqualifies a person from operating a commercial Section 476.27. motor vehicle if the person is convicted of a railroad crossing at grade violation. Drivers of Editor's Note: Effective for crossings com- cmnmercial motor vehicles, not required to stop by menced after July 1, 2001, or for crossings law, are still required to slow down when approach- prior to July 1, 2001, if an agreement has ing a railroad crossing to assure the tracks are clear. expired or has been terminated. Section 321.208, 321.343. SF 519 Subsidized Housing SF 410 Indoor Air Quality Requirements Decreases property taxes on federally subsidized ~t ag T O I~ D section 42 housing by changing the method of Prohibits the Iowa Department of Natural assessment on these properties. Prohibits inclusion Resources from establishing any permit, registra- of federal subsidies in calculating the value of the tion, licensing, preconstruction notification or property. Section 441.21. record keeping requirements for indoor emission units or air contaminant sources. SF 528 Temporary Loans from roSE Funds Chapter 455B. Allows the Iowa Transportation Commission to temporarily transfer funds from the Revitalize SF 449 Tax Exempt Property Iowa's Sound Economy (RISE) fund to the primary Allows a property tax exemption for property road fund if the director of transportation certifies owned and operated by an Indian housing authority the cash flow funding may be inadequate to meet if the local goveming body agrees to an exemption. road construction costs. Funds transferred must be Section 42Z 1. Effective upon enactment. repaid within six months. Various sections. 6 HF 324 Bidding Requirements for Public Improvements One of the more significant pieces of legislation contract or project on a city street. The statement affecting city government this year was HE 324, an must show the total cost of the project and certify omnibus bill related to the Iowa Department of that the work was done in accordance with the spec- Transportation (IDOT). A significant portion of ifications. Section 7 of the Act. Section 314.1 of the HE 324 imposed new requirements for bidding pub- Code. Effective July I, 2002. lic improvement contracts that involve the construc- tion, reconstruction, or improvement of a highway, Expanded Report. Requires cities to provide sub- bridge, or culvert. stantial additional information and detailed cost The League recommends that personnel responsi- accounting on street projects involving construction, ble for public works review the statutory provisions reconstruction, and improvement. Also requires data very carefully. Although the reporting requirement regarding expenditures for purchasing, leasing, or is not effective until 2002, cities will need to review renting equipment. The expanded report must still record keeping procedures now since the report will be filed by September 30 each year. IDOT is to be for the fiscal year commencing July 1, 2001. The adopt rules that include definitions and forms. A League will be participating in the work of the advi- draft of the proposed rules must be completed by sory committees and reviews required by the Act. December 31, 2001. Sections 5 and 8 of the Act. Provisions of the Act are described below with Sections 312.14 and 314.1A of the Code. The sec- references to beth the section of the bill and the tions requiring the report are effective July 1, 2002. citation in the Code of Iowa. Advisory Committee. Directs IDOT to establish an Requirement to Bid. Requires public improve- advisory committee with representation from local ment projects that involve construction, reconstruc- government, contractors, and labor organizations. tion, or improvement of a highway, bridge, or cul- The advisory committee is to make recommenda- vert that cost in excess of the specified bidding tions to IDOT regarding the rules for the expanded threshold to be competitively bid. Such projects report. Section 8 of the Act. Section 314.1A of the shall be advertised and let for bid, but makes limit- Code. ed exceptions for emergencies. Clarifies that cities may reject all bids and re-let the pro.~ect without an Bidding Threshold - Cities Over 50,000 additional public hearing if no substantial changes Population. Increases the threshold for certain pro- have been made from the original specifications. If jects for cities over 50,000 population from $25,000 a project at this point is assigned to the city work to $50,000. The higher threshold applies to public force, the cost must be less than the lowest bid improvements that involve the construction, recon- received. Section 7 of the Act. Section 314.1 of the struction, or improvement of a city street, bridge, or Code. Effective July 1, 2002. culvert. Threshold for other cities remains at $25,000. Section 7 of the Act. Section 314.1 of the Prequalification of Bidders. Prescribes a proce- Code. Effective July 1, 2002. dure for IDOT to qualify bidders for financial standing, equipment, and experience, and requires Threshold Adjustments. Directs IDOT to establish other agencies, including cities, to accept that quail- a subcommittee of the advisory conunittee that is fication if submitted on the proper form. Section 7 empowered to adjust the bidding thresholds applica- of the Act. Section 314.1 of the Code. ble to local government road, street, bridge and cul~ vert projects. The subcommittee must have three Statement Upon Completion. Requires the city members from local govemment, three members engineer or the public works department to file a who are contractors, and a seventh member who is statement with the city clerk upon completion of a IDOT's Director or the Director's designee. Prior to 7 any adjustment, the subcommittee must review price Other Provisions. Provisions in the Act not directly data and base the adjustments on changes in the con- related to bidding of public improvements include: struction price index. The adjustments are to be deter- mined by August I of a year to be effective January 1 * Increases the statutory amount paid of the following year. The Department is required to to a property owner when an existing provide notice as specified in the Act. The reviews are driveway is lengthened due to a road intended to be biennial, but could be done annually if project from $5 to $20 per lineal foot. the subcommittee deems necessary. The initial review is to occur prior to August 1, 2002. Section 9 of the * Requires law enforcement depart- Act. Section 314. 1B of the Code. Effective ments to provide copies of accident July 1, 2002. reports to the federal motor carrier safety administration at no charge. Equipment Procurement Report. Requires IDOT to review equipment procurement policies and the use of * Increases the allowable length of such equipment for all entities that receive Road Use three-part combination tracks from Tax Fund money. The Department's findings and rec- 60 to 70 feet. ommendations for potential cost-saving and greater efficiency are to be submitted to the legislature by * Establishes length limits for motor December 31, 2002. The Department is required to homes, travel trailers, and vehicles consult local government and private sector pulling motor homes. representatives during the review. Section 12 of the Act. Non-code. * Requires IDOT to study the process of utility locations, including timeli- Employee Displacement. Requires the city to offer hess. any employee displaced by the enforcement of certain sections of this Act other available employment with the city. Also specifies recall rights. This provision cannot supersede provisions of applicable collective bargaining agreements. Section 13 of the Act. Non- code. INDEX IN ALPHABETICAL ORDER Page Abuse Reporter Training HF 680 ........................................................ 3 Agriculture and Natural Resources Appropriations HF 725 .................................... 4 AIDS Testing HF 590 ................................................................ 3 All-Terrain Vehicles Regulations ItF 561 - VETOED ........................................ 3 Bidding Requirements for Public Improvements HF 324 .................................... 2, 7 Child Care Centers I-IF 535 ............................................................ 3 City Cable Franchises SF 168 .......................................................... 5 City Precincts HF 481 ................................................................ 2 Commercial Motor Vehicle Changes SF 350 ............................................... 6 Condemnation Fees SF 184 ............................................................ 5 Crossing of Railroad Rights-of-Way by Public Utilities SF 515 ................................. 6 Drainage and Levee Districts H2F 581 .................................................... 3 Drainage or Levee Tax Assessments HE 711 ............................................... 4 Economic Development Appropriations HE 718 ............................................ 4 Electric Power Generation HE 577 ...................................................... 3 Energy Loan Fund SF 462 ............................................................. 6 Enterprise Zones HE 349 .............................................................. 2 Escape from Custody SF 94 ............................................................ 5 Heating Fuel Sales Tax Exemption HF 1 .................................................. 2 Housing Trust Fund and Commission I-IF 694 - VETOED ..................................... 4 Indoor Air Quality Requirements SF 410 - VETOED ........................................ 6 Liability in Real Property Improvements SF 222 - VETOED ................................... 5 Library Systems HE 637 .............................................................. 3 Local Options Sales Tax Administrative Fee HIR 5 .......................................... 5 Manufactured Housing SF 185 ......................................................... 5 Misconduct by a Public Officer HF 272 ................................................... 2 Model Community Designation HF 383 .................................................. 2 Notary Seals HE 259 ................................................................. 2 Open Records SF 344 ................................................................ 6 Oversight and Communications Appropriations HF 719 ...................................... 4 Payment of Bonds with Sales Taxes HF 739 ............................................... 5 Police Animals HE 179 ............................................................... 2 Police Chief App~,intment HF 624 ....................................................... 3 Release of Individual Photographs HF 647 ................................................ 3 Retained Tonnage Fee HF 722 .......................................................... 4 RIIF and Environmental First Fund Appropriations I-IF 742 .................................... 4 Rural Water Associations HE 301 ....................................................... 2 Sales Tax on Utility Delivery HF 705 .................................................... 4 Self-funded Workers' Compensation Plans SF 500 .......................................... 6 Standing Appropriations HE 755 ........................................................ 5 Storm Shelters I-IF 656 ............................................................... 3 Structured Settlement Payment Rights SF 337 .............................................. 6 Subsidized Housing SF 519 ............................................................ 6 Tax Exempt Property SF 449 ........................................................... 6 Tax Provisions I-IF 715 ............................................................... 4 Temporary Loans from RISE Funds SF 528 ............................................... 6 Travel Time Compensation HE 635 ...................................................... 3 Underground Storage Tanks HF 636 ..................................................... 3 Uniform Citations SF 83 .............................................................. 5 Utility Franchise Elections SF 57 ........................................................ 5 Utility Retirement System Investments SF 323 ............................................. 6 Vision Iowa Bonds HF 698 ............................................................ 4 Workforce Development Office Surcharge HF 696 .......................................... 4 9 INDEX BY CATEGORY Administration Page HF 481 City Precincts ................................................................... 2 HF 581 Drainage and Levee Districts ....................................................... 3 SF 222 Liability in Real Property Improvements - VETOED ..................................... 5 HF 637 Library Systems ................................................................. 3 SF 185 Manufactured Housing ............................................................ 5 HF 272 Misconduct by a Public Officer ..................................................... 2 HE 383 Model Community Designation ..................................................... 2 HE 259 Notary Seals .................................................................... 2 SF 344 Open Records ................................................................... 6 HF 719 Oversight and Communications Appropriations ......................................... 4 HE 624 Police Chief Appointment ......................................................... 3 SF 500 Self-funded Workers' Compensation Plans ............................................. 6 SF 337 Structured Settlement Payment Rights ................................................ 6 HE 635 Travel Time Compensation ........................................................ 3 SF 83 Uniform Citations ............................................................... 5 SF 57 Utility Franchise Elections ......................................................... 5 SF 323 Utility Retirement System Investments ................................................ 6 HE 696 Workforce Development Office Surcharge ............................................. 4 Community and Economic Development HE 324 Bidding Requirements for Public Improvements ....................................... 2, 7 SF 168 City Cable Franchises ............................................................ 5 HE 718 Economic Development Appropriations ............................................... 4 HE 349 Enterprise Zones ................................................................ 2 HE 694 Housing Trust Fund and Commission ~ VETOED ....................................... 4 HE 383 Model Community Designation ..................................................... 2 HE 742 RIIF and Environmental First Fund Appropriations ...................................... 5 HF 698 Vision Iowa Bonds .............................................................. 4 Public Safety HE 680 Abuse Reporter Training .......................................................... 3 HF 590 AIDS Testing ................................................................... 3 HF 561 All-Terrain Vehicles Regulations - VETOED ........................................... 3 SF 350 Commercial Motor Vehicle Changes ................................................. 6 SF 184 Condemnation Fees .............................................................. 5 SF 515 Crossing of Railroad Rights-of-Way by Public Utilities ................................... 6 SF 94 Escape from Custody ............................................................. 5 HF 179 Police Animals .................................................................. 2 HE 624 Police Chief Appointment ......................................................... 3 HE 647 Release of Individual Photographs ................................................... 3 HE 301 Rural Water Associations .......................................................... 2 HE 656 Storm Shelters .................................................................. 3 Public Works and Environment HF 725 Agriculture and Natural Resources Appropriations ....................................... 4 HE 577 Electric Power Generation ......................................................... 3 SF 462 Energy Loan Fund ............................................................... 6 HE 1 Heating Fuel Sales Tax Exemption ................................................... 2 SF 410 Indoor Air Quality Requirements - VETOED ........................................... 6 HF 722 Retained Tonnage Fee ............................................................ 4 HE 705 Sales Tax on Utility Delivery ....................................................... 4 HE 636 Underground Storage Tanks ........................................................ 3 Taxation and Finance HE 535 Child Care Centers ............................................................... 3 HF 711 Drainage or Levee Tax Assessments .................................................. 4 HE 1 Heating Fuel Sales Tax Exemption ................................................... 2 HJR 5 Local Options Sales Tax Aclministrative Fee ........................................... 5 I-IF 739 Payment of Bonds with Sales Taxes .................................................. 5 HE 705 Sales Tax on Utility Delivery ....................................................... 4 HE 755 Standing Appropriations ........................................................... 5 SF 519 Subsidized Housing .............................................................. 6 SF 449 Tax Exempt Property ............................................................. 6 HF 715 Tax Provisions .................................................................. 4 SF 528 Temporary Loans from RISE Funds .................................................. 6 10 07-19-01 Madan Karr IP24 From: Carol DeProsse [cdeprosse@earthlink. net] Sent: Friday, July 13, 2001 2:35 PM To: jcnews@yahoogroups.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.iaus; tneuzil@co.johnson.ia.us; tjneuzil@rnsn.com; carolt@inav.net; Connie_Champion@iowa-city.org; Ernie_Lehman@iowao city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@leg is.state. ia. us Subject: ticnews] Help yourself 1. Editorial: The Tulia Lynchings http://www.drcnet.org/wol/194.html~lynchings 2. Hard Feelings: Fatal Shootout in Marijuana Raid Reverberates in an Idaho County http://www.drcnet.org/wol/194.html~shootout 3. Tulia: Two Years On, a Town Would Like to Forget, but Reformers Refuse to Go Away http://www.drcnet.org/wol/194.html#tulia 4. HEA Campaign Still Seeking Student Victim Cases -- New York Metropolitan Area Especially Urgent http://www.drcnet.org/wol/194.html#studentvictims 5. British Cannabis Decrim Momentum Continues to Build at Frantic Pace http://www.drcnet.org/wol/194.html#britishdecrim 6. Prospective DEA Head Tells Skeptical Students He Sees "Great Crusade," Claims Legalization Was Tried and Failed -- Mena Questions Refuse to Die http://www.drcnet.org/wol/194.html#asahutchinson 7. Sentencing Follies: Iowa Man Gets 27 Years for Smoking Joint With 6-Year-Old Son, Eighth Circuit Says Life for $20 Worth of Cocaine is Too Much http://www.drcnet.org/wol/194.html#sentencingfollies 8. Annual Ditchweed Eradication Boondoggle Underway Again -- Feds Spend $13 Million on Summer Jobs Program for Midwest Students, Bored Cops http://www.drcnet.org/wol/194.html#ditchweed 9. New Woody Harrelson Activism Site Focusing This Week on DEA'S Attempt to Prohibit Hemp Products -- Live Chat Sunday http://www.drcnet.org/wol/194.html~woodyharrelson 10. Urgent Action Alerts: Colombia, HEA, Mandatory Minimums, Medical Marijuana, John Walters http://www.drcnet.org/wol/194.html#actionalerts 1i. Drug War on Trial Going to Trial Next Week http://www.drcnet.org/wol/194.html#drugwarontrial 12. Media Scan: MotherJones.com Prison Growth Report, Twisted Badge Racial Profiling Series, Chicago Tribune on Prohibition and the Drug War 1 http://www.drcnet.org/wol/194.html#mediascan [Non-text portions of this message have been removed] To unsubscribe from this group, send an email to: jcnews-unsubscribe@yahoogroups.com Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ Madan Karr From: Carol DeProsse [cdeprosse@earthlink.net] Sent: Saturday, July 14, 2001 5:25 PM To: jcnews@yahoogroups.com Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us; sstutsma@co.johnson.ia.us; pharney@co.johnson.ia.us; tneuzil@co.johnson.ia.us; tjneuzil@msn.com; carolt@inav.net; Connie_Champion@iowa-city.org; Ernie_Lehman@iowa- city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net; Steve_Atkins@iowa-city.org; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ia.us; barry_brauns@legis.stateiaus; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us; Jim Fausett; Harry Herwig; John Weihe; Diana Lundell; Dave Jacoby; Jean Schnake Subject: ticnews] Good Site http://www.drugpolicy.org/conference You oan attend the Lindesmith Center's Drug Policy Conference, attended by over 800 people from across the nation, by clicking on the above address. There is a lot of valuable information out there. PLEASE, take a few moments to further your education. To unsubscribe from this group, send an email to: jcnews-unsubscribe~yahoogroups.com Your use Of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/