HomeMy WebLinkAbout2002-01-04 Info Packet of 12/13 CITY COUNCIL INFORMATION PACKET
December 13, 2001
I MISCELLANEOUS ITEMS
IP1 Meeting Schedule and Tentative Work Session Agendas
IP2 Memorandum from City Manager: December Council Economic Development
Committee
IP3 Memorandum from Police Sgt. Hurd: Persons with Mental Illness
IP4 Memorandum from Police Officer Mebus to Police Chief: Community Relations
Monthly Activity Report - November 2001
IP5 Minutes: November 14 - Neighborhood Housing Relations Task Force
IP6 Memorandum Brief: Southgate Development Company, Inc. v. City of Iowa
City [Kanner]
IP7 The Legislative Bulletin [Atkins]
IP8 Wastewater Treatment and Collection Facility Contract 3 - South Plant
Improvements - Report #9 [color photos available in City Clerk's Office]
IP9 Email from Lane Plugge (lC Schools) to Tim Walker: Horace Mann
Repurposing
City Council Meeting Schedule and December13,2001
Tentative Work Session Agendas
J December 24-25 Monday/Tuesday
CHRISTMAS HOLIDAY - CITY OFFICES CLOSED
January 1 Tuesday
NEW YEAR HOLIDAY - CITY OFFICES CLOSED
January 4 Friday
9:30a SPECIAL FORMAL COUNCIL MEETING Emma J. Harvat Hall · Organizational Meeting
I January 7 Monday
6:30p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall
January 8 Tuesday
7:00p SPECIAL FORMAL COUNCIL MEETING Emma J. Harvat Hall
January 9 Wednesday
TBD SPECIAL COUNCIL WORK SESSION TBD
· Joint Meeting with JC Board of Supervisors, Schools,
Cities of North Liberty and Coralvilre
I January 10 Thursday
1:30p - 5:00p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall · Budget Meeting
January 21 Monday
MARTIN LUTHER KING DAY - CITY OFFICES CLOSED
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Dog Park Downtown Historic Preservation Survey
Regulation of Downtown Dumpsters Writers' Safe Haven
Parking on Downtown Private Property Political Activities at the Senior Center
Refuse Carts
City of Iowa CityiP2
M MORANDUM
Date: December 12,2001
To: Council Economic Development Committee
From: City Manager
Re: December Council Economic Development Committee
Given that there is no issue that requires the immediate attention of the Economic Development
Committee, the Committee's December meeting has been cancelled. The next scheduled
Committee meeting is for Thursday, January 17, at 9:00 a.m.
Memorandum
To: Steve Atkins
From: Sgt. Kevin Hurd
Date: 12/07/01
Re: Persons with Mental Illness
In the way of training, we did a departmental Watch Training on dealing with
persons with disabilities in February 2001. This training specifically dealt
with handling calls involving persons with disabilities. Additionally, dealing
with people with mental illness has been a topic in the Iowa City Police
Department Monthly Training Bulletin and at the Department's annual MATS
training. Officers attending the basic academy receive a block of training on
handling calls involving persons with mental illness / disabilities.
It is important to note we do not arrest people because of a mental illness.
Departmental policy clearly states that arrests MUST be based on probable
cause of a criminal offense, therefore if a person with a disability were
arrested it would be for a specific behavior (crime) and not for their illness.
On occasion, we may become involved in the committal process. This
occurs when there is a request for assistance from a friend or family
member. In these cases officers serve as a facilitator in ensuring that the
person gets transported to the appropriate facility. This may be a family
physician or transport to a medical facility for an evaluation.
When a person creates an imminent threat to themselves or others, officers
may become involved in the involuntary committal process. While it is
preferred that persons voluntarily seek assistance, if they decline and there
is the imminent threat, they may be committed as is consistent with state
law. While officers may initiate and/or transport a person for an involuntary
committal, the decision to keep or release the person is made by medical
authorities.
December 7, 2001
Persons who have not committed an offense and that do not create an
imminent threat to themselves or others constitute the majority of the
contacts between officers and the mentally ill. In these cases, officers may
refer the person to community mental health or a medical facility for
assistance and or evaluation. If the person has particular needs, officers
may refer the person to the appropriate "social service" agency, i.e. crisis
center, for assistance. If the person does not wish assistance and has not
created a criminal offense or does not pose an imminent threat, they are free
to go without further police intervention.
2
IP4
To: Chief Winkelhake J
From: Officer R. A. Mebus
Ref: Monthly Activity Report
Date: November 2001
Copy: Captain Widmer f~
During the period covered by this report, 9 different officers spent a total of 24.75
hours participating in more than 14 community events and had contacted nearly
475 persons. Listed is an overview of the different events.
DATE OFFICER CONTACTS TIME ACTIVITY
11/01/01 Mebus, 25 2.5 hrs Self Defense for Women
Shaffer
11/03/01 Hart 150 5 hrs Mock Trial- Middle School
11/04/01 Bailey, K 5 1 hr Gangs/Guns in Schools
11/04/01 Bailey,K 8 1 hr Delinquency Forum
11/05/01 Ambrose 6 .25 hr Parking Problems
11/06/01 Hart 40 1 hr Drug Presentation
11/07/01 Mebus 35 1 hr Community Helpers
11/08/01 Bailey,K 20 2 hr Shoplifting Class
11/09/01 Bailey, K 35 1 hr Kirkwood Class- OWl, etc
11/19/01 Smithey 25 1 hr Pheasant Ridge Pre School
11/20/01 Mebus 20 1.5 hr Self Defense for Women
11/27/01 Peterson, L 13 4 hrs CPR / 911 / ICPD
Communications
11/28/01 Brother[on, 90 2 hrs RSVP Program
Bok,
Shaffer
11/28/01 Brotherton 3 1.5 hrs HACAP Resource Site
Council Board Mtg
The Iowa City Police TIPS Trainers held 1 class with 46 attendees
There were approx. 25 hours of "in school" time by Mebus. This does not
account for "incidental" visits, to contact the principal, secretary, or staff. There is
in place now a reporting method through dispatch to more accurately record the
date, times, location, and identity of each officer. It will be tested in the month of
December.
IP5
MINUTES FINAL/APPROVED
NEIGHBORHOOD HOUSING RELATIONS TASK FORCE
WEDNESDAY, NOVEMBER '14,200'1- 3:30- 5:00 PM
CITY MANAGER'S CONFERENCE ROOM
Members Present: Hillary Sale, Ann Freerks, Jerry Hansen, Tim Walker~ Mike
Carberry, Nick Klenske, Mike Newman, ']'ed Chambers, Larry
Svoboda, Anne Vespa, Sally Cline
Members Absent: None
Staff Present: Marci@ Klingaman, intern Erin Welsch, Sue Dulek, Capt. Matt
Johnson, Doug Boothro¥, Norm Cate
City Council Members Present: Irvin Pfab
Others Present: Maryann Dennis
CALL TO ORDER
Hillary Sale called the meeting to order at 3:30 PM
Approval of Minutes for November '14,200'1
The following corrections to the minutes were made:
Pg '1 ) Change "problems" to "issues"
Change "memorandums" to "memoranda"
Pg 2)
Pg 3) ......
Pg 4) Change "Anne Freeks" to "Ann Freerks" Change to "West to South migration"
Pg 5) Make clear that a university representative would be for nuisance issues only
MOTION: Tim Walker moves approval of the minutes with above portions corrected. Mike
Newman seconded. All in favor. No objections. Minutes for November 7, 200'1 were approved
as corrected.
DISCUSSION REGARDING LIST OF PROBLEMS AND SOLUTIONS
Hillary Sale prefaced this discussion saying that her summary of this list (attached) was her best
attempt to categorize and group the items submitted. She was impressed with the solutions
offered. Beginning with the start of the list, the issues were:
Changes in zoning, property use- Marcia Klingaman clarified that the implementation of the
Good Neighbor Policy was not mandatory in Iowa City. All the is currently required is the written
notification of all property owners within 300 ft. of the proposed and a sign on the property. The
policy was encouraged to be practiced to developers/applicants by staff. Iowa City exceeds the
guidelines set by the state, which only requires 200 ft. for notifications and no signage.
Complaints v. Police/Housing generated- it was discussed whether people should be required to
complain before authorities will deal with problems that are in plain view. Senior Housing
Inspector Cate assured the task force that he would not walk by a violation when on the
Neighborhood Housing RelationsTask Force Minutes
November 14, 2001
Page 2
properly regardless of whether a complaint was made. Doug Boothroy confirmed this by saying
that inspectors will take notice of trash, public and nuisance issues that might be under separate
codes. The inspectors survey the property as a unit and look at it in its entirety. However, at
present, inspectors only make calls at scheduled intervals or when a special request is made.
They do not make far, dom calls. There is no systematic acknowledgement of infractions by
housing inspectors that would resemble, say, a foot patrol.
In addition, Captain Johnson indicated that the police could initiate action on non-private
property issues. They prefer to act on complaints in private property situations such as
disorderly houses. However, if the violation is particularly egregious, they may take action
independently. For instance, while blocking a driveway is illegal, in practice, most officers will
not ticket or tow a vehicle parked in front of a driveway unless a specific complaint is made.
One reason for this is that the vehicle may belong to the owner. The ordinance says that they
may ticket or tow but the police tend to ticket rather than to tow. It is also illegal to block a
sidewalk even if one owns the adjoining driveway. This may be enforced more often in absence
of a complaint. Sale determined from this that it would not be a problem if this committee asked
the police to be more assertive in discretionary situations. Nick Klenske of the UI Student Body
voiced his concern that discretion not be taken away from the officers.
Tim Walker was displeased that police dispatchers when reporting a disorderly house require a
specific address. He presented the scenario of a disturbance early in the AM and the plaintiff
does not know the specific address. In this case, couldn't a person just request that the police
come to the blank block of such-and-such and follow the noise? Captain Johnson affirmed that
the information offered should be sufficient and that the call should be responded to. He also
said that it is reasonable for an individual to expect a call back if requested. He also said that
there is no priority given to an identified caller versus an anonymous caller.
Jerry Hansen suggested looking at the model of the PACE committee in Davenport, IA.
Representatives of the City Attorney's Office, Police, Housing Inspection and property owners
form the committee. They take care of the problems being discussed when they see them. They
don't wait for complaints to be generated.
Disorderly houses- There was considerable discussion concerning the issue of whether fines for
these disturbances should be mandatory or not.
In addition, the definition of over occupancy was discussed. For instance, are non-resident over
occupancy issues such as pad/es included in these ordinances? Chambers indicated that two
people over the number of bedrooms in an apartment is over occupancy and this would provide
for small get-togethers only. He suggested that this committee recommend a reasonable limit of
occupants for party situations. It is taken into consideration that this committee will recommend
amending the disorderly house ordinance by adding a paragraph limiting the number of people
in absence of a specific permit.
Capt. Johnson stated that disorderly houses are one area where discretion is made by the
officers who respond. Therefore, citing vs. warning is driven by reasonability. Officers do feel
supported if they choose to issue citations, but feel more comfortable in doing so if there was
some reasonable warning first. There was some opposition to preliminary warnings with some
members feeling that minimum mandatory fines would better solve the problem. However, Capt.
Johnson reiterated the importance of discretion by giving Carberry's example of false
complaints against a neighbor with whom one holds a grudge. It would not be right to fine
without taking into account the situation.
Neighborhood Housing RelationsTask Force Minutes
November 14, 2001
Page 3
Capt. Johnson also stated that the CAD dispatch system records complaints and addresses so
that they may be retrieved later. The outcome of the call can also be retrieved. For example,
there were some 1700 disorderly house calls in Iowa City in the past nine months!
The committee was informed by the captain as well as by Sue Dulek about some of the finer
points of the ordinances. For instance, a complaint of noise across a rental unit is as valid as
one across a property line. In addition, the magistrate decides the fines so by State law; this
committee cannot put an escalating fine system in place.
Other ideas discussed were a checklist that the responding officer might go though to determine
whether to cite a residence as a disorderly house. Also, it was pointed out that to the extent that
decibel level and occupancy levels are quantified, the harder it is to cite improperly.
Drugs- Chambers made it clear that landlords are aware of their responsibility to report drug
activity on their property. Dulek confirmed this by saying that they are subject to forfeiture law in
such situations, though it is rarely used, but this committee could recommend that that change.
Svoboda indicated that it might be a good idea to reiterate the state forfeiture law in the local
ordinance. There was a discussion on what grounds evictions could occur and by whom they
could be issued. It is clear that only property owners can physically evict their tenants. However,
the City can pressure the properly owner in some situations by taking actions such as
terminating Section 8 money. However, landlords do have some flexibility in determining
whether or not to terminate a lease; they do not need a drug conviction or even an arrest,
merely a preponderance of evidence of drug activity.
Dulek also detailed how landlords can protect themselves from having unsavory tenants by
choosing not to rent, as long as their decision is based on factors outside of the federal
discrimination guidelines of sex, race, etc. Sale summed up the prevailing sentiments by saying
that it may be advisable for this committee to make a public plea to the City Council for
magistrates to be more aggressive in their enforcement of existing ordinances regarding drugs.
Enforcement- There was a suggestion that more police be made available on the weekends,
between 2-3 AM and on "problem nights". In such cases, foot patrols might be preferable. Capt.
Johnson remarked that Campus officers are sworn peace officers of the City and have the same
authority and jurisdiction of Iowa City police officers.
Evictions- as discussed elsewhere, only landlords can evict a tenant, but the City can cause the
landlords to lose their rental permit, which would later indirectly, result in a tenant's eviction. At
that point, a judge would issue an order to vacate. However, Chambers pointed out that many
properties do not have a rental permit and therefore would not be hurt by such an action.
Resident halls are not subject to landlord provisions. Research into resident hall policies on
eviction was suggested. Walker indicated that Michigan State University in East Lansing,
Michigan has an education program in place for students to help them be good tenants in the
future. He suggested that this committee recommend to the University such a program.
REVIEW OF OTHER ISSUES FOR NEXT MEETING
At the next meeting, the task force will resume work on Agenda Item III, The Problem/Solution
List, beginning with fines.
OTHER BUSINESS
The next meeting will take place Wednesday, November 28 at 3:30 PM in the City Manager's
Conference Room. There was a general feeling that it would be prudent to meet weekly until
Neighborhood Housing RelationsTask Force Minutes
November 14, 2001
Page 4
around Christmas in order to quickly work through issues. One or more public sessions may be
scheduled during this same time.
MATERIALS DISTRIBUTED
Information on Landlord and Housing Regulations, Municipal Infraction Provisions, e-mails, etc.
was distributed.
ADJOURNMENT
The meeting was adjourned at 4:55 PM
Distributed by Council Member Kanner
iN THE IOWA DISTRICT COURT iN AND FOR JOHNSON COUNTY I 'i66 1
COMPANY, INC. , )
Plaintiff, ' . ) No. CVCV 061752
v. ) ~ DEF_ENDANT'S . ,:
) MEMORANDUM BRIEF.] .~, ~-~
CITY OF IOWA CITY, ) ~ .... -:
Defendant. )
COMES NOW the defendant, City of Iowa City, Iowa, and hereby submits the following
memorandum brief:
I. THE CITY COUNCIL'S DENIAL OF PLAINTIFF'S KEZONING REQUEST
WAS NOT ARBITRARY OR CAPRICIOUS AND DID NOT CONSTITUTE A CLEAR
ABUSE OF DISCRETION; ACCORDiNGLY, THE CITY COUNCIL'S ACTION SHOULD
BE SUSTAINED.
In general, zoning is a legislative function and, as a result, under the limitation arising
from the constitutional separation of powers, it is not subject to judicial interference except for
abuse of discretion, excessive use of power, or error of law. The legislative determination in
zoning matters is entitled to a strong presumption of validity. It follows likewise that courts
cannot substitute their judgment as to matters of zoning for that of the municipal legislative body
or other zoning authority. The general role against judicial interference with zoning, unless it
clearly is unreasonable or an abuse of discretion, is applicable with respect to the necessity and
extent of zoning or rezoning. The judiciary has no authority to interdict either zoning or rezoning
decisions that may be said to be "fairly debatable." See, 8 E. McQuillin, The Law of Municipal
Corporations, sections 25.278 - 279.
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Judicial relief can be obtained, however, in zoning matters if there is a clear abuse of
discretion or arbitrary and capricious treatment in regard to a zoning measure. See, 8 A E.
McQuillin, supra, section 25.280; Incorporated City of Denison v. Clabaugh, 306 N.W.2d 748,
755 (Iowa 1981).
The Iowa Supreme Court in the case of Montgomery v. Bremer County Board of
Supervisors, 299 N.W.2d 687 (Iowa 1980) confn'ms that the court's scope of review is very
limited when reviewing a municipality's decision regarding zoning ordinances in the context of a
certiorari proceeding. Unless the certiorari procedure is modified by statute or constitutional
principle, a zoning decision must be upheld if it is supported by any competent or substantial
evidence. Id. at 692. In the present case, this limited review procedure has not been modified by
any statute or constitutional principle. If, for example, this case involved the actions of a board
of adjustment in connection with a zoning matter, the district court must find facts anew pursuant
to Iowa Code section 414.18, which is a special statutory provision requiring trial de novo in
certiorari actions involving decisions by a board of adjustment. See, Weldon v. Zoning Board of
City of Des Moines, 250 N.W.2d 366, 400 (Iowa 1977). No such statute, however, exists
goveming the review of zoning decisions by a city council. As such, decisions by city councils
in regard to zoning matters are afforded great deference by the courts. In reyiewing amendments
to zoning ordinances, there is a presumption that they are valid; if their reasonableness is fairly
debatable, the court will not substitute its judgment for that of the legislative body, the city
council. Under the limited scope of review that is applicable to the present case, the court is
limited to deciding whether the decision of the city council to approve or deny the rezoning
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request is "fairly debatable." Montgomery case at 692; also, see Hermann v. City of Des Moines,
97 N.W.2d, 893,895 (Iowa 1959). In cases of doubtful or debatable reasonableness, courts must
sustain zoning decisions by a municipality. See, 8 A E. McQuillin, supra, section 25.28I.
Certiorari is an action at law, and questions or findings of fact by an inferior tribunal are
generally not reviewable on certiorari. Further, in rezoning matters, a city council is not required
to make specific findings of fact to support its decision. Montgomery at 6941 Rather, a review of
the record is for the limited purpose of determining whether the city council's decision is
supported by any competent evidence. Smith v. City of Fort Dodge, 160 N.W.2d 492 (Iowa
1968). The burden of proof in these cases rests on the plalntiffto show that the city council
exceeded its jurisdiction or otherwise acted illegally. Id. at 495; also, Norland v. Worth County
Compensation Board, 323 N.W.2d 251 (Iowa 1982).
Under the police power, zoning is a matter within sound legislative discretion and, if the
facts do not show the bounds of that discretion have been exceeded, it must be held that the
action of the legislative body, here the city council, is valid. Unless the plaintiffproves that the
city council action is tainted by some illegality, such as clear abuse of discretion or arbitrary and
capricious treatment, the city council's action on this discretionary zoning matter must be
deemed valid. Smith at 495; also, see Keller v. City of Council Bluffs, 66 N,W.2d 113 (Iowa
1954). There is a presumption that the city council properly performed its duty under the law,
unless clear evidence to the contrary appears. See, Petersen v. Harrison County Board of
Supervisors, 580 N.W.2d 790, 793 (Iowa 1998).
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In Petersen, the court clarified the meaning of "illegality" in the context of a certiorari
action. Illegality exists when a board's ~conelusion does not have any evidentiary support or
when an improper rule of law is applied. Id. at 793. The Board of Supervisors, in said case,
den/ed a proposal to establish an agricultural area under Chapter 352; this denial was sustained
by the court in a certiorari proceeding. The court held as follows:
The Board received the information presented during the
hearing and considered it in making its decision. We believe the
Board properly weighed the interest relating to preservation of
private property rights and the policies associated with plaintiffs'
proposal for an agricultural area. After weighing these competing
interests, the Board made its decision disapproving plaintiffs'
proposal and briefly stated its reasons. This is all that the Board
was required to do under the statute. The Board did not abuse its
legislative grant of discretion under section 352.7(2).
Although the record in a case such as this might support an
opposite finding, our responsibility is only to determine whether
the information presented to the Board supports the finding
actually made. City of Cedar Rapids v. Board of Trustees of Mun.
Fire & Police Retirement Sys., 572 N.W.2d 919, 926 (Iowa 1998).
We are reluctant to specify the amount or type of
information that must be presented to a Board when making a
decision concerning a proposed agricultural area. To do so might
unduly formalize the proceedings before the Board which is to be
avoided, absent statutory direction. Id. at 796. (emphasis added).
In certiorari actions, it is neither the function nor the privilege of the court to pass upon
the wisdom or soundness of an inferior tribunal's discretion. Smith at 498. ,If the reasonableness
of the tribunal's action is open to a fair difference of opinion, the court may not substitute its
decision for that of the tribunal. See, Ackman v. Board of Adjustment for Black Hawk County,
596 N.W.2d 96 (Iowa 1999); also, see, Montgomery case at 696.
-5-
In the present case, the city council's denial of the plaintiffs rezoning request mast be
upheld if the court finds any substantial evidence which supports the "no'' votes of council
members Irvin Pfab and Steven Kanner. Substantial evidence has been defined by the Iowa
Court in various ways, including a "body of proof less than a preponderance" or "evidence
favoring facts on which reasonable men may differ." See, Grant v. Fritz, 201 N.W.2d 188 (Iowa
1972). Accordingly, the possibility of drawing two inconsistent conclusions from the evidence
does not prevent a decision from being supported by "substantial evidence." Defendant submits
that the "no" votes of Council Members Pfab and Kanner were supported by substantial evidence
in this case; there has not been a clear abuse of discretion or arbitrary and capricious action that
the plaintiff must prove to nullify the city council's denial of the rezoning request.
It is significant that the ordinance in question in this case is a zoning ordinance. When
the City of Iowa City adopted the sensitive areas ordinance in 1995, a conscious decision was
made by the city council to require standard zoning procedures, including notice, public hearings,
and review by the planning and zoning commission, prior to the city's council's consideration
and decision on a request for sensitive areas overlay rezoning. By comparison, the City could
have adopted an ordinance which provided only for a site plan review which would have only
required staff and city council approval about technical compliance with th~ ordinance. A site
plan review is very different than the type of procedure which is involved in the present case.
The approval of a site development plan is not rezoning. A site development plan merely shows
the configuration of the property, the location and dimensions of the proposed buildings,
landscape data, engineering data, and other factual information relating to the intended
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development of the property. The site plan allows the City to assure technical compliance with
the city zoning regulations and other various city codes and regulations. See, Kane v. City
Council of Cedar Rapids, 537 N.W.2d 718 (Iowa 1995). A clear indication of the significant
difference between a site plan review and rezoning is the fact that the "super majority"
requirement as provided for in Iowa Code section 414.5 does not apply to a city council's
decision on a site plan review; the requirement does apply to rezoning requests as in the present
case. Id. at721-722.
The plaintiff appears to contend that its request for rezoning in this case must be
approved by the city council because the application meets most if not all of the technical
requirements of the sensitive areas ordinance, especially as it relates to the protection of "critical"
(25 - 39%) and "protected" (40%) slopes. If technical compliance were the only issue here,
however, there would not be any need for the notice, public hearing, and super majority approval
requirements that are involved in this case. The purpose for public notice and hearings is to
provide additional input for the decision makers to aid them in their determination of whether or
not the rezoning is in the public interest under the police power. As discussed above in this brief,
considerable discretion is granted to the legislative body in making that decision.
Because this case involves a requested change in zoning, it is goven~ed by the provisions
of section 414.5 of the Code of Iowa which provides as follows:
The regulations, restrictions, and boundaries may, from
time to time, be amended, supplemented, changed, modified, or
repealed. Notwithstanding section 414.2, as a part of an ordinance
changing land from one zoning district to another zoning district or
an ordinance approving a site development plan, a council may
impose conditions on a property owner which are in addition to
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existing regulations if the additional conditions have been agreed
to in writing by the property owner before the public hearing
required under this section or any adjournment of the hearing. The
conditions must be reasonable and imposed to satisfy public needs
which are directly caused by the requested cha~ge. In case,
however, of a written protest against a change or repeal which is
filed with the city clerk and signed by the owners of twenty percent
or more of the area of the lots included in the proposed change or
repeal, or by the owners of twenty percent or more of the property
which is located within two hundred feet of the exterior boundaries
of the property for which the change or repeal is proposed, the
change or repeal shall not become effective except by the favorable
vote of at least three-fourths of all the members of the council. The
protest, if filed, must be filed before or at the public hearing. The
provisions of section 414.4 relative to public heatings and official
notice apply equally to all changes or amendments.
As the record reflects in this case, there was a written protest by the requisite number of
property owners adjacent to plaintiff s property to trigger the requirement that the proposed
zoning change could not become effective except by the favorable vote of at least three-fourths of
all the members of the city council. Because Mayor Lehman recused himself from the vote on
plaintiff's rezoning application because of a conflict of interest, the super majority requirement
(three-fourths vote) applied to the six remaining city councilors who voted on the request.
Because the vote was four to two in favor of the zoning request, the request was denied because
of the lack of the statutorily requia'ed super majority (three-fourths) vote.
Prior to the city council's consideration of plaintiffs rezoning request, the request was
reviewed by the Iowa City Planning and Zoning Commission. At the commission's meeting on
February 15, 2001, the commission recommended approval of the zoning request by a vote of
three - two. Commission Members Pam Ehrhardt and Jerry Hansen were the two members of
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the commission who voted against the rezoning change. The minutes of the February 15, 2001,
planning and zoning commission meeting reflect the reasons for the two "no" votes as follows:
Ehrhardt said she will voting [sic] against this. The reasons are.
that the infrastructure does not support this, the traffic is a major
problem and she is concerned about the water retention basin. She
said it seems like you put all this concrete instead of the land that
absorbs water. She said she knows the engineers come up with a
great plan but in her mind she cannot visualize how this is going to
be better than land absorbing water.
Hansen said he initially thought it was okay because of 9 units per
acre, which could limit the density and the affect [sic] on neighbors
of what could happen to this property. He finds the development
in and 'of itself meets the 'letter of the law but it stretches the
credulity as far as traffic goes especially with Weeber going uphill
to Benton. Benton has been a problem forever. He doesn't like the
way it impacts the neighborhood and he will be voting against it.
~ (See, page 15 of the minutes of the February 15, 2001, planning
and zoning commission meeting).
At the public hearing on April 17, 200 I, several members of the public spoke in
opposition to plaintiff's rezoning request. Numerous concerns were expressed about the
proposed zoning change, including concerns about increased traffic, secondary access, parking
problems, emergency vehicle access, parkland dedication, and the detrimental impact the
proposed developm, ent would have on the sensitive area in question which is comprised of
wooded slopes and ravines. Attomey Joseph Holland addressed the city council on behaif of the
Weeber Harlocke Neighborhood Association and spoke at length in regard to his interpretation of
the Sensitive Areas ordinance in this case. Mr. Holland expressed his view that plaintiff's
proposal was not in the public interest and suggested that "it would be better for the Council to
reject this proposal and send this back for redesign at a minimum to see what can be done to
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meet the kinds of issues that are still out there." (See, pages 29 - 33 of the transcript of the April
17, 2001, meeting).
Following the public hearing held on April 17, 2001, the six council members stated their
votes and expressed reasons for their respective decisions on this zoning request. Council
Members Kanner and Pfab were the two members of the city council who voted against the
request. Council Member Kanner listed the following reasons in support of his decision to vote
against the rezoning:
"I respect the opinions that we have had from our City Attorneys
and other attorneys representing this case and from the testimony
that we have heard from neighbors in the area. One thing though
that I keep coming back to is the wording in the Sensitive Areas
ordinance I believe in 14-6K(1)(n). And planned design guidelines
talk about use land efficiently and preserve environmentally
sensitive areas as open space amenities. Encourage development,
which provides for easy access and circulation for pedestrians and
bicyclists. Encourage innovative residential developments that
contain a variety of housing types and styles. Strive for
development solutions that best promote the spirit, intent and
purpose of the Sensitive Areas ordinance while permitting
development of the property for reasonable beneficial uses.. And
although this development proposed by Southgate has many
positive things, the in-fill development I feel is a worthwhile cause.
I find that there are other things that do not meet the spirit or the
law of the Sensitive Areas development plan design. And I will be
voting against this proposal." (See, page 42 of the transcript of the
April 17, 2001, meeting).
Council Member Pfab voted against the request and stated, "I believe it is not in the best
public interest." (See, page 44 of the transcript of the April 17, 2001, meeting). Although
Council Member Champion was one of four members of the city council to vote in favor of the
request, she also expressed concerns about emergency vehicle access to the property. She stated,
-10-
"I am still very concerned about the availability of emergency vehicles to get down this road and
I may not support the second reading and that would be why." (See, page 46 of the transcript of
the April 17, 2001, meeting).
What is clear fi.om the record in this case is that the proposed zoning change submitted by
plaintiff was controversial and was opposed by a significant number of members of the public
who owned property and lived in the area where the subject property is located. The record does
reflect that there is substantial evidence to support the two "no" votes by Council Members Pfab
and Kanner. Because of the "critical" and "protected" slopes located within the subject property,
a Sensitive Areas Overlay (OSA) rezoning was required prior to plaintiff's development activity
on said property. See, section 14-6K-i(C) of the Sensitive Areas Ordinance. Section 14-6K-
I (C~)(1)(c) provides that "Review and approval of a sensitive areas planned development shall be
by ordinance in accordance with the Planned Development Housing Overlay Zone (OPDH)
procedures, as specified in subsection 14-6J-2D of this Chapter." In his comments before the
city council on April 17, 2001, Attorney Joseph Holland commented about the application of the
OPDH procedures in connection with the council's review of plaintiff's request for rezoning. It
is clear that the City intended that a Sensitive Areas Overlay Rezoning follow the OPDH
procedures. This is made clear in section 14-6J-1 of the Iowa City Code which provides as
follows:
14-6J-1: SENSITIVE AREAS OVERLAY ZONE (OSA)~: A
sensitive areas overlay rezoning may be requ/red for properties
containing environmentally sensitive features such as wetlands;
woodlands two (2) acres in size or greater, where other sensitive
features exist on the site; critical slopes (25-39%) and/or protected
slopes (40%). The definitions, procedures, requirements and
-11-
exemptions for the Sensitive Areas Overlay Zone (OSA) are set
forth in Article K of this Chapter, entitled Environmental
Regulations, Section 14-6K- 1, Sensitive Areas Ordinance. Review
and approval of a sensitive areas overlay rezoning shall be in
accordance with the procedures and regulations governing planned
development housing overlay rezonings, as specified in subsection
14-6J-2D of this Article.
Among other things, the OPDH regulations are intended to "provide flexibility in
architectural design, placement and clustering of buildings, use of open space, traffic circulation
and parking and related site and design considerations," to "encourage the preservation and best
use of existing landscape features through a development sensitive to the natural features of the
surrounding area," and to "prOmote an attractive and safe living environment compatible with
surrounding residential developments." See, section 14-6J-2(B). It was appropriate for the city
council to consider these regulations and procedures as they impacted plaintiff's rezoning
request. Said requirements and regulations go beyond mere technical compliance and provide
substantial evidence why Council Members Pfab and Kanner concluded that plaintiff's
application was not in the "best public interest."
As stated above, Council Member Kanner also cited the provisions of section 14-6K-1 (N)
for his decision to vote against the rezoning. Said section sets forth design guidelines for
Sensitive Areas Development. Said guidelines are to be used by the City when evaluating a
Sensitive Areas Overlay (OSA) rezoning. The purpose of the guidelines are set out in section 14-
6K-I(N)(1) which states as follows:
N. Sensitive Areas Development Plan Design Guidelines:
1. Purpose: The purpose of sensitive areas development plan
design guidelines is to:
- 12-
a. Provide for flexibility in design of public infrastructure and
commercial, research development, office research, industrial and
residential developments to help assure that developments near, in
or adjacent to environmentally sensitive areas are designed to use
land efficiently and preserve environmentally sensitiVe areas as
open space amenities.
b. Allow flexibility in the application of development codes,
standards and guidelines to allow innovative designs that promote
the purpose of the Sensitive Areas Ordinance.
c. Encourage development which provides for easy access and
circulation for pedestrians and bicyclists.
d. Encourage innovative residential developments that contain
a variety of housing types and styles.
e. Allow neighborhood commercial uses which are
appropriate in scale and design for the proposed development.
[Citations omitted].
Council Member Kanner, as shown by his comments during the April 17, 2001, meeting,
clearly believed that plaintiff's rezoning request was deficient in regard to meeting "the spirit or
the law of the Sensitive Areas Development Plan Design." Because it was appropriate for the
city council to consider said design guidelines in connection with its review of plaintiffs zoning
request, it cannot be said that Mr. Karmer's decision to vote "no" was a clear abuse of discretion
or an arbitrary and capricious action.
Under the "fairly debatable" rule, both Council Members Kanner and Pfab were entitled
to their opinions in this matter; they properly exercised their discretion to vote "no" after
concluding that plaintiff's rezoning plan, as currently designed, did not serve the best public
interest. The fact that the majority of the other council members concluded otherwise does not
- 13-
detract from the legitimacy and legality of Mr. Kanner's and Mr. Pfab's decision. Under Iowa
Code section 414.1, zoning is the exercise of the police power in the interest of public peace,
order, morals, health, safety, comfort, convenience, and general welfare.
Because it cannot be established that Mr. Karmer's or Mr. Pfab's "no" vote was a clear
abuse of discretion or that they acted arbitrarily or capriciously in this matter, the court should
sustain the denial of plaintiff's rezoning request.
D~ 000-00-0596
Hay~ek~ I~yel~Brown & Moreland, L.L.?.
Brem'er-B~uild~ig
120 Va E~t~m~n~on S~eet
Iowa CiW, Iowa 52240-3976
319-337-9606; f~ 319-338-7376.
A~O~Y FOR DEFEND~T
Original: Filed. CERTIFICATE OF SERVICE
Copy to: Thomas Gelman
Michael Pugh The undersigned, a member of the bar of this state, hereby
Phelan, Tucker, Mullen, Walker, certifies that a mae copy of the foregoing instrument was
Tucker & Gelman, L.L.P. served upon each of the aaome?s of record of all parties to
the above entitled cause by hand delivering the same to
321 East Market Street each such aaomey on the 270' day of November, 2001.
P. O. Box 2150
Iowa City, Iowa 52244
I IP7
12-06-01
A publication of the Iowa ~ague of Cities
¢o,~-~,~, Budget cuts and nate reali~is that it is possible.
Last session, the bill that passed the Senate
pr0p0sefl limitations hit removed cities from the limitation. Now, there
is talk about putting cities back into the legis-
Cities with n0 new bof0resession starts lation. ~other version of the limitation could
residential gr0~h also, potentially, appear in a second bill pro-
ncr increase in 'Tis the season for giving, but this year the posed by the House.
state will be t~ng more than gMng in the During the upcoming session, the League
valuation, already upcoming legislative session. Cities have will continue to adamantly oppose ~rther
face imposed already been hit during the current fiscal restrictions on cities' abili~ to provide se~ic-
limits 0n their year (~2~2) by the gove~or's 4.3 percent es. Ci~ budgets will be hit in ~2003 by the .~
across-the-board cuts effective November 1. 51.6676 residential rollback, a ~percent ~ ~
budgets; (See page 2 for a list of impacts.) ~though decrease from ~2002. Cities with no new res-
additional the legislature met during a special session idential growth nor increase in valuation
limitation will to restore appro~mately $26 million in cuts, already face imposed limi~ on their budgets;
especially ~rangle the state's proper~ t~ replacement ~nd for additional limitation will especially strangle
cities received none. these communities.
these Under the current state budget cuts, cities In the ne~ s~ wee~, it is imperative ci~
communities, will be ta~ng a hit in their ~2002 budgets, officials contact lawmakers to discuss the
Cities acknowledge the state's fiscfl prob- adverse impact this proposed limitation will
lems and prepared to m~e adjustments like have on ci~ residents. Lawmakers should be
other ~nded programs and state agencies, reminded that ci~ officials have commitments
U~o~unately, the forecast for the state's to their ~nstituents, too ~ through police
budget ~ntinues to look ve~ ~nstr~ned and fire protection, street and park mainte-
for next year (~2003). There is ~ncem nan,, ~d other basic ~d ne~ssa~ commu-
that the le~slature may need to make addi- ~ se~ices. ~e proper~ t~ limitation
tional cuts to the FY2002 budget, and the assumes a state-wide fo~ula can be placed on
~2003 budget may be short by over $400 all communities because they all provide f~ed
million, se~ices. ~is is simply not t~e. Residents
Cities need to be concerned not only with demand many se~ices; cities need the fle~bil-
more potential cuts in state reimbursement, i~ to decide what is most beneficifl to their
but also the proper~ tax limitation legisla- specific communi~. Just as the state decides
tion still looming from last session. If state which programs to cut or ~nd, cities must be
proper~ t~ credits continue to be under- able to do the same, unfettered by state limita-
~nded, cities must retain the abili~ to tions.
dete~ine proper~ t~es to offset their The 2002 legislative session begins Janua~
budget sho~falls caused by the state. While, 14. Lawmakers need to be contacted NOW
it does not seem reasonable during a state and urged to oppose any li~tation. To share
budget crunch that legislators would limit your lawmakers' response to the proper~ t~
local governments from being fiscally able to limitation, call Susan Jud~ns or Konni
perform their responsibilities, the unfortu- Cawiezell at the League at (515) 244-7282.
IOWA LEAGUE OF CITIES
Grocers claim health hazard for eliminating duty from the bottle bill
To date, Once again opponents are asking lawmak- redemption centers and convenience
there has ers to repeal Iowa's highly successful and stores.
popular "bottle bill." This time they claim Grocers are not forced to accept bottles
never been a that bringing used cans and bottles into and cans in their stores; they can desig-
health stores that sell food creates a health hazard nate redemption centers to accept them.
violation at for Iowans. Jeru~ Fleagle, president of the The Iowa Grocery Industry Association
an Iowa Iowa Grocery Industry Association, was also claims the bottle bill is a direct threat
quoted in the Des Moines Register, December to food safety. To date, there has never
grocery store 1, 2001, as saying, "Grocery stores are not been a health violation at an Iowa grocery
due to the garbage dumps." The grocery industry's store due to the bottle bill. Self-serve
bottle bill. solution for managing the millions of bottles redemption machines have further less-
and cans recovered by the bottle bill's five- ened the dependence on having employ-
cent redemption is a curbside-only collec- ees handle containers. More importantly,
tion. This is not a reasonable solution for grocers can refuse to accept dirty contain-
residents of iowa communities, ers.
People are not bringing garbage to grocery In a poll conducted by the University of
stores; they are bringing back the containers Northern Iowa last year, 86 percent of
they purchased from those stores, so the Iowans surveyed support the bottle bill.
containers can be recycled. Without the Iowans support the bottle bill because it
deposit incentive, consumers will be less reduces litter and keeps the majority of
inclined to recycle, resulting in cans and bot- bottles and cans out of landfills. The
ties along Iowa's roadsides, parks and other League encourages city officials to discuss
natural resources. Additionally, not all eom- the benefits of the bottle bill with their
munities offer curbside recycling, and those community and dispel concerns of poten-
that do would have to undergo considerable tial health risks currently being touted by
reorganization to accept the additional the grocers.
material currently being handled by grocers,
Across-the-board state cuts hit cities
The following state-shared The State Consolidated Payments to be
revenues will be affected by made in December and March will both be
the 4.3% budget cuts: cut to reach the full 4.3% reduction. The
· State Consolidated State Library of Iowa has indicated Enrich
Payment - Population Iowa payments will not be cut, but a reduc-
Allocation, the tion in Open Access and Access Plus will
Personal Property Tax be administered in order to reach a full
Replacement and the 4.3% reduction in the programs.
Moneys and Credits
Reimbursement Revenues not affected by the reduction
· Bank Franchise Tax include:
· Enrich Iowa, Open · Road Use Tax Fund
Access and Access · Liquor licenses and beer permits
Plus · Utility Replacement Tax
· Machinery & · State contribution to 411
Equipment
Reimbursement
Swenson report studies Iowa's property tax system
Iowa's property tax system will still be have higher local taxes than other states.
under the legislative microscope when legis- Despite the fact that total revenue per
lators convene in January for the 2002 ses- capita is less, and even total tax revenue ... where 10wa
sion. Specifically, there are several bills that per capita is less, Iowa cities rank higher differs from
purport to address the issue of property than both national and regional averages neighboring
taxes in Iowa still pending from last year, in dependence on property tax per capita, states Is in lower
and there is some talk that a new bill will be The greater reliance on property tax
filed. A report on local taxes and spending is reflects the fact that cities in Iowa have state-collected
being finalized by David Swenson, an econo- been given little flexibility to find other revenues and
mist from Iowa State University. The report revenue sources. In fact, the one most sig- other forms of
contains interesting findings and can serve as nificant factor where Iowa differs from
a useful resource for policy makers, neighboring states is in lower state-col- state aid,
Over the past several years, many interest- lected revenues and other forms of state
ed in property taxes have called for a review aid.
of the total local financing system. The The League has participated in several
League has been one of those voices. Local efforts to look at Iowa's total local finance
representatives can join the chorus by system over the past decade. Unfortun-
reviewing the Swenson report with legisla- ately, many of the results of those efforts
tors. have not received attention from state
The report shows that total general rev- policy leaders. Iowa has reached the time
enue per capita for cities in Iowa is only 70 when a reasonable, complete and system-
percent of the national average and 92 per- atic review of local finance is in order.
cent of the average of cities in the midwest.
This dispels the notion that Iowa citizens
New' faces'represent the League· ".
The Governmental Affairs but also.~s.a yolullteer'.f.or 'a
department .wiH.~ke .off a ~.new· · prestdentbd eainpajgtt~:~'..
leek· this year. susan Judklns, reglm~al, corn.miffs.", eimembm.
director:of governmental for 'a political, pa~ a.::
affairs,' Joined the League, represefit'.a~.~.ve.on a mayor,s
November 26. she.was for? committee'on propertY.tax
Susan Judkins, merly the Vision ·iowa program issues, and as a paralegal.
coordinator forths IOwa JOdkins can be :reaChed at
director of Department Of ·Economic (515) 244;,7282'ext. 330 or
governmental Development. She provided susanjudkins@iowaleague,erg
affairs administrative and technical Addltlon~!ly, the'League will
assistance for the Vision iowa be assisted'by $fieJla
and Community Attraction and Robinson, e·junIOr at iowa
Tourism programs~ State Udfversit~.:.Rgblnson will
Judki.ns is familiar with the serve asa .:legis!aUve .intern
legislative propess 'not only as during the .upcom!n9 legisla-
a state governmei~t employee, tire session.
~'~ 80-1 3
Road Use Tax Funds impacted by economy and fuel costs
certificate of title fees, use tax pay- are constitutionally protected once
City budgets will also be impacted ments on motor vehicles and equip- deposited into the RUTF. The
by decreased revenue in the Road ment, driver's licenses and a few RUTF is designed to provide fund-
Use Tax Fund (RUTF). The RUTF other sources. The decline in the lng for infrastructure needs of the
is funded by excise taxes paid on economy and higher fuel costs have state; it is not a cash cow to provide
motor vehicle fuel, registration and reduced the fund's collection signif- funding for unrelated programs.
icantly over the last year. However, next session there will be
Estimated Road Use Tax Funds The impact of zero per- attempts to divert funds in order to
cent financing and make up for the state's revenue
increased vehicle sales on shortfall. The League will work with
Fiscal Year IDOT per capita estimates RUTF receipts is not other groups to protect the RUTF
!2001-02 $76.64 known at this time, but and will oppose any diversion
cities should consider resulting in a decrease of RUTF
2003-04 $77.69 using a conservative per receipts for cities.
capita estimate for budg-
2004-05 $78.91 eting.
2006-06 ~,80.15 The RUTF is entirely
self-sustaining, and funds
If you prefer to have future issues of Legislative Bulletin emailed to you instead
of delivered threugh the U.S. Postal Service, email your request tn the League
office at the following email address: marileemitchell~iowaleague.org.
Stephen ,I Atki~s City Man*ger
iowa City
4~ 0 E Wa~itington Sh net
Please pass this on to other interested officials.
7.-~..:..,?Str-:.?.~, ..:..:.~ ' /;; ': : : i ~ 'i ':
IP8
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROJECTS .
WASTEWATER TREATMENT
AND COLLECTION FACILITY
Contract 3 - South Plant
Improvements
CITY COUNCIL REPORT
Report Number: #9 Contractor:
Story Construction Company
Report Date: November 29, 2001 300 South Bell Ave.
Ames, Iowa
Project Number: 3387.0
Engineering Consultant:
City of Iowa City Administration and Inspection Staff: Stanley Consultants, Inc.
Tim Randall, Special Projects Manager
Mike Schuckert, Special Projects Inspector 225 Iowa Avenue
Terry Simmons, Special Projects Inspector Muscatine, Iowa
Date Construction Started: March 14, 2000 Approved Time Extensions (Days): 0
Contract Completion Date/Days: March 13, 2002 / 730 Revised Completion Date: N/A
Days Elapsed: 625 Percent ol Prctject Completed: 75 ~o
Days Remaining: 105 Comract Price: $26,574,000.00
Percent of Time Used: 86 % Progress Payments to Date: $18,972,672.70
Summary of Construction Activities To Date:
~- ~borato~./Administration Building: Start-up of the HVAC equipment has occurred. Work
on the building electrical power and mechanical equipment in-progress punchlist items is
underway. Installation of the Laboratory casework is nearing completion. Installation of the
data termination blocks for the LAN and phone system is nearing completion. The fire-
alarm system is complete and ready for start-up and testing next week. Side walk and
parking PCC pavement is complete around the building. Topsoil has been placed around the
building. Final grading and landscaping will occur next spring.
South Wastewater Plant Contract 3
Cily Council Report #9 Page I Nox, ember 29~ 2001
Maintenance Vehicle Storage Building (MVSB): Work on mechanical piping, plumbing and
electrical services is nearing completion. Installation of the HVAC systems is complete.
Limited HVAC start-up has occurred. Interior painting is nearing completion. Exterior
painting of the overhead doors is complete. The interior CMU walls and metal stud/gypsum
board partition walls are complete. Installation of the plumbing fixtures is complete. PCC
paving is complete around the building.
Addition to Sludge Processing Facility: The exterior doors have been installed. Work is
progressing on the electrical services and lighting in the north bay. New concrete retaining
walls were built at the truck dock to replace the deteriorated railroad ties. Side walk and
parking PCC pavement is complete around the building. Topsoil has been placed around the
building. Final grading and landscaping will occur next spring.
~' Sludge Digestion Building: Welding of the stainless steel digester tank covers continues. The
ballasted EPDM roof on the building is 90% complete - sheet metal detailing remains.
Installation of the HVAC systems and ductwork continues. Coating of the interior of the
concrete tank walls is complete. Most process equipment is in place. Work on stainless
steel process piping continues.
Chlorine Contact Tanks: There has been no significant work at this structure since early
spring. The tanks are 95% complete with start-up anticipated in the near future.
~ Secondary Clarifiers: Clarifiers 5300 & 5400: Installation of the Clarifier equipment is
nearly complete. Initial start-up of equipment and inspection by the manufacturer has
occurred. Work continues on the buried process piping and electrical service in this area.
Back fill between the structures remains to be completed. The extension of the existing
concrete walls on Clarifiers 5100, 5200 and Secondary Flow Splitter have been completed.
'~ Primary Clarifiers: Clarifiers 3300 & 3400: Installation of the Clarifier equipment is nearly
complete. Initial start-up of equipment and inspection by the manufacturer has occurred.
Work continues on the buried process piping and electrical service in this area.
'~ Aeration Tanks: Backfill around the structure is complete. Concrete pours for the south end
effluent trough are underway. Installation of the stainless steel air & RAS piping continues.
Installation of the mixers has started.
'~ Blower Building: The exterior and interior CMU walls are complete. The exterior brick
veneer is complete. The precast concrete core-slab roof deck panels have been placed and
grouted. The ballasted EPDM roof system is complete except for sheet metal detailing. The
air blower equipment has been set into position. Work is progressing on the installation of
the stainless gteel air piping. Work recently started on the concrete floors.
'~ Grit Dewatering Building: The concrete floor slab is complete. The exterior CMU walls and
brick veneer is complete. The precast concrete core-slab roof deck panels have been placed
and grouted. The ballasted EPDM roof system is complete except for sheet metal detailing.
The grit equipment has been set into position. Work is progressing on the installation of the
ductile iron piping.
South Wastewater Plant Contract 3
City Council Report #9 Page 2 November 29, 2001
Vortex Grit Chambers: There has been no significant work at this structure during the past
two months. Installation of the grating, equipment, and accessories remain. Backfilling also
remains to be completed.
High Strength Flow Equalization Tank: This structure is nearly complete. The concrete base
slab and steel tank were completed early this summer. Work on the access ladders and
platform remain. Installation of the mixers also remains.
High Strength Flow Pump Station: There has been no significant work at this structure since
early spring. The station is 95% complete with start-up anticipated in the near future.
lnfluent Pump Station: The following modifications to the existing structure have been
completed: Replacement of two of three influent pumps, valves, piping, and related
electrical service; installation of new elbows and flares in the wet well; and installation of
new fiberglass grating over the wet well.
Over/low Basins: The ACC paving in Cell No. 2 is complete. The PCC paving in Cell No. 1
is complete, including the new access ramp.
Site Piping: Work on buried piping continues throughout the site. Work has occurred on the
following lines: 6" SSC line on the north side of the Aeration Tanks; 24" RAS lines from
the Influent Trough at the new Aeration Tanks to west of Sludge Pumping, 3" EW line
upgraded to a 6" service and rerouted between the HS Flow Eq. Tank and the Vortex Grit
structure; rerouted 3" CLS between the HS Flow Eq. Tank and the Vortex Grit structure; 4"
Air line converted to EW service from north of Aeration to Influent Pumping; 4" EW along
east and west side of Aeration Tanks; 6" D and 1" NG installed to Blower Building; EW
lines and hydrants throughout the Primary and Secondary Clarifiers areas; work continues
on 3" D, lt/2'' EW and 1V2" CLS lines for Scum/Foam Spray Valve Vaults. The existing
deteriorated 3" steel NG (natural gas) line was replaced with a new 4" plastic IP gas main
from the Gas Metering Building to lnfluent Pumping Station.
North Plant Sludge Equalization Tank and Sludge Pumping Station (revision of existing
structures): Work will start at the north plant once specified milestones are met for the work
at the south plant.
Respectfully submitted,
Tim Randall
City of Iowa City
Special Projects Manager
South Wastewater Plant Contract 3
City Council Report ~:) Page 3 November 29, 2001
Marian Karr IP9
From: P[uggeL@iowa-city. k 12. ia. us
Sent: Tuesday, December 11,2001 5:17 PM
To: Tim Walker; davidfranker@aol.com; goodmat@aol.com; wyoiowa@msn.com;
jaleff(~home.com; laurenreece67@aol.com; dfs001 @yahoo.com; pdwvpmsa@aol.com
Cc: counc[[@iowa-city.org; Lisa-Mollenhauer@iowa-city.org; marcia-klingaman@iowa-city.org
Subject: Re:Horace Mann Repurposing
Mr. Walker,
Thank you for your email regarding Horace Harm School. The Board of Education
and administration are currently investigating a number of potential actions to
address growing and shifting school enrollment. This evening one option
discussed will be the potential use of an east side elementary school for an
alternative high school or 6th grade center. Please knew that no decision has
been made regarding Hann or any other ICCSD school. You may follow the
discussion on this item by attending tonight's Board meeting or watching at home
via television.
I appreciate you feedback. It will be considered.
Lane Plugge
Reply Separator
Subject: Horace Mann Repurposing
Author: "Tim Walker" <twalker@avalon.net>
Date: 12/11/01 12:29 PH
Dear Members of the School Board and Mr. Plugge,
The Northside Neighborhood already has enough repurposed properties: we
provide homeless or transitional housing in four properties (one dedicated
to runaway teens), we have lost numerous family homes to investor-owners
who put into them too little care and too many tenants, and we recently
defeated Hy-Vee's attempt to repurpose Pearson's into a Regal Liquor
outlet. We are strong advocates of a viable near-campus, near-downtown
neighborhood with a mix of families, and have made great progress toward
that viability in the two years since our neighborhood association
reactivated. One of our main missions is to invite families back into our
convenient, walk-to-everything neighborhood. If Horace Harm Elementary is
repurposed into an alternative high school we will lose an important draw
to families, one that helps balance our other neighborhood challenges and
prompts families te accept the risks and inconveniences of being urban
pioneers.
In addition to that lost draw, our neighborhood will suffer because we
cannot accommodate the parking demands we already face--because of the
disproportionate car-to-house ratios at many of our rentals, and because we
provide overflow parking te university faculty, staff, and commuting
students.
The loss of our elementary school could be a blow that we, already faced
with numerous challenges to our neighborhood's integrity, may net be able
to recover from. I will be a parent of Iowa City district students someday,
and would like to do it in my current neighborhood. Please help us to
preserve our progress against our challenges, and leave our school as it is.
Sincerely,
Tim Walker
a Northside neighbor of Horace Mann School
cc: Iowa City City Council; Marcia Klingaman, Neighborhood Services Coordinator
1
Visit the Northside Neighborhood Association Website at
http://www, j ccniowa.org/-NNA/