The URL can be used to link to this page

Home My WebLink About2013-08-08 Info Packet_ 1 = M Ault CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org August 8, 2013 I131 Council Tentative Meeting Schedule MISCELLANEOUS IP2 Copy of email notification: Iowa City has been names one of the Top 10 College Towns IP3 Memo from Asst. City Attorney: Iowa League of Cities v. United States Environmental Protection Agency IN Memo from City Attorney: Referendum on 21 bar -entry age: Use of Public Money or Property for Political Purposes I135 Email response from Transportation Services Dir. to Bob Welsh: SEATS IP6 Email response from Finance Dir. to Chris Gilstrap: Utility account security deposit IP7 Response from Public Works Dir. to Atty. James D. Houghton: Stevens Drive / South Gilbert Street Flooding I138 Memo from Public Works Dir.: Wastewater Project Update IP9 Police Department Bar Check — July 2013 I = NO K CITY OF IOWA CITY Date Tuesday, August 20, 2013 IP1 City Council Tentative Meeting Schedule �� Subject to change August 8, 2013 Time Meet 5:00 PM Work Session Meeting Location Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall 3 1(iii y , t3. rv, itN= ei 310"t d "$5 Tuesday, September 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, September 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall , Tuesday, October 1, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, October 15, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Monday,October 28, 2013 4:30 PM Joint Meeting /Work Session IC Public Library as arh,,. Tuesday, November 12, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall Tuesday, November 26, 2013 Noon -6PM Strategic Planning TBA Tuesday, December 3, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, December 17, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall For the info packet From: Teree Caruthers [mailto:tcaruthers @jnlcom.com] Sent: Friday, August 02, 2013 9:07 AM To: Teree Caruthers Subject: Iowa City has been named one of the Top 10 College Towns by Livability.com Congratulations! Iowa City has been named one of the Top 10 College Towns by Livability.com, a national website that ranks quality of life and travel amenities of America's small and mid -sized cities. For this installment of the Livability.com list of top college towns, editors narrowed their search to cities with a high quality of life based on a range of factors from cost of living and walkability to cultural amenities and pollution levels. They then focused on those cities where a university is the top employer and key economic driver. "For a small to mid -sized town, having a great college or university can add immeasurably to the livability," said Livability.com Editor Matt Carmichael. "Schools provide a level of economic stability, a constant influx of new residents and cultural and sporting events at cities couldn't produce on their own." Iowa City was chosen because of the harmonious relationship between students, faculty and residents. Both the city and the university offer a host of quality of life amenities appealing to all residents — from arts and cultural activities, outdoor recreation opportunities, top -notch medical facilities and nightlife to economic development assets, such as research and development, continuing education and workforce training. Here are 4 ways to spread the good news: 1. Forward this e-mail to your members. 2. Tweet your ranking to your followers or share the news on your Facebook page. 3. Add a news item or mention on your website and in your e- newsletter. 4. Post the attached badge to your website, blog or social media profiles. Again, congratulations on making the Livability.com list of Top 10 College Towns 2013! Toa 10 Best Colleae Towns 2013 1. Boulder, CO 2. Ann Arbor, MI 3. Gainesville, FL 4. Columbia, MO 5. Lexington, KY 6. Iowa City, IA 7. Missoula, MT 8. Madison, WI IP2 Marian Karr From: Geoff Fruin Sent: Friday, August 02, 2013 9:15 AM To: Marian Karr Cc: Tom Markus Subject: FW: Iowa City has been named one of the Top 10 College Towns by Livability.com For the info packet From: Teree Caruthers [mailto:tcaruthers @jnlcom.com] Sent: Friday, August 02, 2013 9:07 AM To: Teree Caruthers Subject: Iowa City has been named one of the Top 10 College Towns by Livability.com Congratulations! Iowa City has been named one of the Top 10 College Towns by Livability.com, a national website that ranks quality of life and travel amenities of America's small and mid -sized cities. For this installment of the Livability.com list of top college towns, editors narrowed their search to cities with a high quality of life based on a range of factors from cost of living and walkability to cultural amenities and pollution levels. They then focused on those cities where a university is the top employer and key economic driver. "For a small to mid -sized town, having a great college or university can add immeasurably to the livability," said Livability.com Editor Matt Carmichael. "Schools provide a level of economic stability, a constant influx of new residents and cultural and sporting events at cities couldn't produce on their own." Iowa City was chosen because of the harmonious relationship between students, faculty and residents. Both the city and the university offer a host of quality of life amenities appealing to all residents — from arts and cultural activities, outdoor recreation opportunities, top -notch medical facilities and nightlife to economic development assets, such as research and development, continuing education and workforce training. Here are 4 ways to spread the good news: 1. Forward this e-mail to your members. 2. Tweet your ranking to your followers or share the news on your Facebook page. 3. Add a news item or mention on your website and in your e- newsletter. 4. Post the attached badge to your website, blog or social media profiles. Again, congratulations on making the Livability.com list of Top 10 College Towns 2013! Toa 10 Best Colleae Towns 2013 1. Boulder, CO 2. Ann Arbor, MI 3. Gainesville, FL 4. Columbia, MO 5. Lexington, KY 6. Iowa City, IA 7. Missoula, MT 8. Madison, WI 9. Fayetteville, AR 10. College Station, TX For more information: Matt Carmichael Livability.com mattc livability.com il 0 r l' " .' r , .® CITY OF IOWA CITY bk M E M 0 RA N D U M Date: August 5, 2013 To: City Council From: Sara Greenwood Hektoen�� Assistant City Attorney RE: Iowa League of Cities v. United States Environmental Protection Agency IP3 On September 21, 2010, (Reso 10 -471) Council authorized the City to enter into a Joint Litigation Agreement with other cities around the State of Iowa to support the Iowa League of Cities' lawsuit against the EPA. This agreement stated that the City would contribute up to $25,000 toward the League's attorney fees. You may recall from my last memo to you regarding this matter, that there were two phases to this litigation. During the first phase, the City expended $11,456.75 in attorneys' fees. During the second phase, the City remained committed to its contribution up to the original $25,000. The 8th Circuit Court of Appeals recently ruled that the League was entitled to recover attorney fees for the second phase of litigation. The EPA may seek Supreme Court review of this award, though it is highly improbable that review would be granted. Assuming that the Supreme Court does not overturn this decision, this means that the City will not have to contribute the additional $13,500. The League's attorney, John Hall, noted in correspondence to the contributing communities, "This decision, which helps to ensure that cities receive fair regulatory treatment nationwide, is seen by many as one of the most significant Clean Water Act cases in the past 20 years. Your commitment to this endeavor demonstrates how group action can serve to protect municipal interests and local due process rights. We greatly appreciate the opportunity to have represented the League on this case and look forward to providing assistance in the future should such needs arise." cc: Tom Markus, City Manager Geoff Fruin, Assistant City Manager Eleanor M. Dilkes, City Attorney Rick Fosse, Director of Public Works Dave Elias, Wastewater Superintendent Marian Karr, City Clerk City of Iowa City MEMORANDUM Date: August 6, 2013 To: City Council and City Manager Department Heads qp�l From: Eleanor M. Dilkes, City Attorney Re: Referendum on 21 bar -entry age: Use of Public Money or Property for Political Purposes Iowa law prohibits the use of public funds for any political purpose, including the express advocacy for the passage or defeat of a ballot issue. Iowa Code Section 68A.505 (2013). In accordance with the City Charter, at its meeting on August 6 the Council passed a resolution authorizing and directing the County Auditor to place the proposed repeal of the 21 bar -entry age on the ballot. Thus, the proposed repeal is now a "ballot issue" for purposes of the prohibition. The administrative rules of the Iowa Campaign Ethics Board construe this prohibition broadly to include the use of public resources generally, including the moneys, time, property, facilities, equipment, and supplies of the City. IAC Section 351 -5.1 and 5.3. "Express advocacy" includes a "communication that uses any word, term, phrase or symbol that exhorts an individual to vote for or against the passage or defeat of a clearly defined ballot issue." IAC Section 351 -5.3 Examples of "express advocacy" are "vote for" or "vote no ". See IECDB AO 2000 -23 Attached is a short brochure by the Campaign Ethics Board that explains the prohibition on the use of public resources, the exceptions to the rule and examples of prohibited uses. Not all factual scenarios can be addressed and I urge you to contact me if you have any questions. Based on my experience in connection with earlier ballot issues (e.g. library, sales tax), the most frequent issues can be addressed as follows: 1. "Use of public moneys" includes the utilization of staff time during regular working hours. 2. The Council may express its opinion by passage of a resolution. Council members may attend functions where they participate as speakers or panelists as part of their official duties to discuss political issues. 3. Public resources may be used to produce and distribute communications that do not "expressly advocate" for or against a ballot issue. Salaried administrators may attend functions as part of their official duties to provide information relevant to a ballot issue. Public resources may be used to create brochures that provide information about a ballot issue. The Ethics Board encourages the submission of suggested language for literature for advance guidance and advice. I have used this procedure often in the past and have found the Executive Director to be very responsive. 4. City property that is regularly available to the general public (e.g. meeting rooms at the library) may be used for campaign activities as long as the same rules that govern all other members of the public are applied. 5. City council members and city staff may be members of an independent citizens committee formed to advocate for or against the ballot issue as long as these activities occur on personal time, without the use of city equipment and off the premises of the IN August 6, 2013 Page 2 publicly -owned property (unless the property is regularly available to all members of the general public as noted above) Please contact me if you have any questions. Cc: Assistant City Attorneys 0 Use of Public Money or Property for Political Purposes Revised 7/04 Iowa Code §68A.505 prohibits the use of public funds for any political purpose, including the express advocacy of a ballot issue. The law does not prohibit "the state or the governing body of a political subdivision from expressing its opinion on a ballot issue through the passage of a resolution or proclamation." However, the resolution or proclamation may not be reproduced or distributed for promotional purposes by the state or political subdivision. The Board interprets the use of public moneys to include, direct or indirect expenditure of funds by a governmental body, the use of any property, resource, or equipment owned by the governmental body, and utilization of staff time during regular working hours. EXCEPTIONS Property of the political subdivision that is regularly available to the general public may be used for political purposes. For example, if there is a published policy permitting all members of the public to use meeting rooms, the rooms may be used by political committees subject to the same rules applicable to all other members of the public. However, the governmental body may be required to substantiate this claim to the Board. Similarly, elected officials may attend functions where they participate as speakers or panelists as part of their official duties to discuss political issues without violating the law. Salaried administrators may likewise attend functions as part of their official duties to provide information relevant to a ballot issue. EXAMPLES OF PROHIBITED USES OF PUBLIC FUNDS (unless exception above applies) Subject to the exceptions noted above, the following are examples of prohibited activities for political purposes by governmental bodies. Not all possibilities can be shown. 1. Political signs to expressly advocate a ballot issue, candidate, or political committee may not be placed on property or buildings owned or leased by the governmental bodies or on the public right -of -way. Brochures may be distributed in parking lots or placed on vehicles parked in a public lot. Permitted and Prohibited Guide I'a,, e 2 2. Telephones and telephone service owned or leased by the governmental body. 3. Reproduction equipment such as copy machines, facsimile equipment, video equipment, audio equipment, or cameras owned by a governmental body are not permitted to be used. 4. Office equipment owned by a governmental body, such as computer hardware, computer software, computer printers, typewriters, or calculators,are prohibited. 5. Government e-mail and Web sites are not permitted to be used. 6. Governmental bodies are prohibited from displaying political posters, brochures, flyers, or promotional literature of any type. 7. Governmental bodies cannot use, or permit to be used by others, the postage meters or postage stamps that are the property of the governmental body for political mailings. 8. Mailing lists, data bases, or other compilations prepared for a public purpose and owned by the governmental body cannot be provided (either free, or for a charge) for political purposes unless the lists, data bases, or compilations are available to all members of the public for the same consideration. The governmental body may be asked to substantiate the public access to these materials. 9. Employees of a governmental body may not engage in campaign activities of any sort during time the employees are expected to be engaged in official duties. 10. Teachers may not send advocacy literature home with students. 11. Political literature may not be distributed on the premises of a governmental body (including school mail boxes). CITIZEN COMMITTEES Officials and employees of governmental bodies may be members of independent citizen committees to advocate for or against a ballot issue, and may solicit or encourage members of the public to be part of a citizens' committee, so long as these activities occur on personal time and off the premises of the publicly -owned property (unless the previously stated exception applies). Permitted and Prohibited Guide Page 3 The committee may solicit and accept contributions to expressly advocate a ballot issue, and may expend funds for this purpose (see brochure for Local Ballot Issue Committees). The committee must comply with the reporting requirements of Chapter 68A. NEWSLETTERS The most frequently reported problem on the part of a political subdivision is using a newsletter paid for by tax dollars to communicate an advocacy position on a ballot issue. A governmental body may wish to avoid extensive discussion of the issue and simply remind readers of the date of the election. Governmental bodies are invited to mail or fax suggested language for literature to the Iowa Ethics and Campaign Disclosure Board for advance guidance and advice. You may also submit your literature by email. Persons in doubt about the use of public property or time of individuals should contact the Board with specific questions. O This brochure is intended for general guidance and is not a restatement of the law or rules and is not legal advice. Please review Iowa Code chapter 68A and the Board's rules in chapter 351 of the Iowa Administrative Code or contact the Board when questions arise. IOWA ETHICS & CAMPAIGN DISCLOSURE BOARD 510 E. 12th, SUITE 1A DES MOINES, IA 50319 (515) 281 -4028 (515) 281 -4073 fax www.iowa.gov /ethics IP5 Marian Karr From: Chris O'Brien Sent: Wednesday, August 07, 2013 3:14 PM To: 'WELSHBOB @aol.com' Cc: Tom Markus; Geoff Fruin; *City Council; Marian Karr Subject: RE: SEATS Thank you for your email. I feel that there are several factors that have contributed to the resulting changes that are occurring related to services and programs provided for paratransit users. The fiscal challenges we are facing currently, and in the near future, are real and we are making every effort to minimize the impacts to all of our transit users. I will be in attendance at the next several Paratransit Advisory Committee(PAC) meetings. At that time I will outline the changes that are being made to Iowa City services as well as participate in the discussions with the PAC members. As questions /concerns /recommendations arise over the next several months while we phase in implementation of the changes, I will be engaged in the discussions with the PAC and available to address these questions /concerns /recommendations. Regards, Chris O'Brien Director of Transportation Services City of Iowa City (319)356 -5156 Chris- obrien@iowa- city.or� From: WELSHBOB @aol.com [mailto:WELSHBOB @aol.com] Sent: Wednesday, August 07, 2013 6:57 AM To: Tom Markus; Geoff Fruin; Chris O'Brien Cc: council @iowa- coty.org Subject: SEATS Tom and Staff: I am appreciate of the fact that the staff listened to the majority of the council and offered an alternative to the September 30th elimination of half -fares and Sunday service. As I have said, I can find no strong justification for the continuation of Sunday services. I gather the social negative impact is to one person employed at Target. On the other hand the social impact of eliminating half -fares is unknown. I trust that the Staff and Council might ask the Paratransit Advisory Council to devise a plan to determine the social impact. This study could then determine what steps could be taken to lessen the negative impact. Terry Dickens has suggested that maybe businesses could support a program aimed at those most negatively impacted. I believe this approach has potential but it seems to me that gathering more facts than I was able to assemble would be needed. Again, let me express my appreciation and at the same time offer my assistance if it is deemed wise to study the negative impact. Bob Welsh IP6 Marian Karr From: Dennis Bockenstedt Sent: Wednesday, August 07, 2013 10:35 AM To: 'Chris Gilstrap' Cc: Marian Karr; Tom Markus; "City Council Subject: RE: Utility account security deposit Mr. Gilstrap: I understand that your City services include trash and recycling services. Your location is not serviceable by the type of trucks that utilize the 65 gallon trash receptacles, therefore it is being serviced by a more traditional style of garbage truck. There are various locations being serviced this way around the City. The security deposit is required as protection against nonpayment of your service charges. Once again, I would like to apologize for any inconvenience that the security deposit has caused you, but this is our standard practice that applies to rental units throughout the City. Sincerely, Dennis Bockenstedt Finance Director 410 E. Washington Street Iowa City, IA 52240 319 - 356 -5053 phone From: Chris Gilstrap [mailto :chrism.gilstrap @gmail.com] Sent: Monday, August 05, 2013 12:39 PM To: Dennis Bockenstedt Cc: Marian Karr; Tom Markus; *City Council Subject: Re: Utility account security deposit Mr. Bockenstedt- This "letter" does nothing to answer what services are being covered by the $120 that your City is requiring of me. I have no services other than trash. So are you telling me that if I cancel trash pick up by your city employees then I would be exempt from the fee because I have no services in Iowa City, thus I would have no bill? Hard to justify charging a tenant $120 when they don't use any City services at all isn't it? Furthermore, though I do have trash service, I had to pay for my OWN trash cans as I was denied City trash cans for my use and the small blue boxes that used to be recycling bins ten years ago, hardly require a $120 deposit and if they do, you can gladly have them back. Chris M Gilstrap On Mon, Aug 5, 2013 at 11:51 AM, Dennis Bockenstedt < Dennis- Bockenstedtgiowa- city.org> wrote: Dear Mr. Gilstrap, Attached is a letter addressing your concerns to the Mayor and City Council in regards to the $120 charge on your utility account. If you have any questions, please feel free to give me a call. Thank you. Dennis Bockenstedt Finance Director 410 E. Washington Street Iowa City, IA 52240 319 - 356 -5053 phone Previously accepted on 8/6 formal agen a Marian Karr From: Chris Gilstrap <chrism.gilstrap @g mail. com> Sent: Monday, August 05, 2013 5:26 AM To: Matt Hayek; Council Subject: Recent move -in to Iowa City District A Mayor Hayek and Council Members, My name is Christopher M Gilstrap and I recently moved to 965 Slothower Ave, a rental property, which is located on the far west side of this city. The house I live in is incorporated into the city however the western portion of the lot I live on is still in the county. My wife and I moved to this address from an apartment in Coralville in June in order to provide more room for our family to expand and grow. We chose this property because of the size of the house, lot, and the fact that it was still in Iowa City, but far enough out that we could enjoy county life. The house is an old four bedroom century home that has well service and septic. The only service we currently receive from the City of Iowa City is trash and recycling pick up. Around the beginning of July I received a bill from the City of Iowa City for the amount of $120.00. I could think of no reason why I would have gotten a bill so I called the City offices to discuss the matter and find out what I was being charged for. The first employee I talked to was polite and informed me that this was a deposit I was being charged for moving into the City of Iowa City. Upon hearing this I became upset, and asked why I was being charged a fee to move into Iowa City when I was receiving no other services from the City besides trash and recycling pick up? I asked to speak with the employees supervisor and was connected with that person. I asked the same question of this person and was told the same thing. I asked if I had trash and recycling service cancelled if the fee could be lifted and I was told no, that this was a mandatory deposit of all persons moving into Iowa City. The supervisor asked if I had any city "equipment" on my property and I informed her that I had not received the new trash cans and still did have the blue recycling bins from the former tenant but they were in sorry shape. The supervisor told me they would transfer me to the Solid Waste Department at the termination of our call to see about getting the trash cans (which I was told I would not be able to receive them and was not added to any lists). I asked the supervisor again if I could contest this fee and what would happen if I did not pay it? I was told that I could not contest it, that it was city policy, and that if I did not pay it, the fee would be sent to a collection agency. I am extremely upset by this. I moved into Iowa City to offer my family a better opportunity, and have been met with a fee for moving in? How do you expect to continue to gain population and grow if this fee is assessed of all persons wanting to live here? Furthermore, I do not have city water OR sewer and have costs involved with maintaining the well and septic (not to mention propane) that I incur because I do not receive these basic city services. This added fee only burdens my already expensive rental property. I am writing you to ask for special dispensation from this fee, or to have the Council reconsider this fee for persons who are in my unique situation. Thank you for your time, and I look forward to hearing back from you soon. Christopher M. Gilstrap 965 Slothower Ave •Iowa City,IA _ 319 -541 -7052 chrism. ilstrgpkgmail.com 1 Marian Karr From: Chris Gilstrap <chrism.gilstrap @gmail.com> Sent: Monday, August 05, 2013 12:39 PM To: Dennis Bockenstedt Cc: Marian Karr; Tom Markus; *City Council Subject: Re: Utility account security deposit Mr. Bockenstedt- This "letter" does nothing to answer what services are being covered by the $120 that your City is requiring of me. I have no services other than trash. So are you telling me that if I cancel trash pick up by your city employees then I would be exempt from the fee because I have no services in Iowa City, thus I would have no bill? Hard to justify charging a tenant $120 when they don't use any City services at all isn't it? Furthermore, though I do have trash service, I had to pay for my OWN trash cans as I was denied City trash cans for my use and the small blue boxes that used to be recycling bins ten years ago, hardly require a $120 deposit and if they do, you can gladly have them back. Chris M Gilstrap On Mon, Aug 5, 2013 at 11:51 AM, Dennis Bockenstedt < Dennis- Bockenstedtkiowa- cit�org> wrote: Dear Mr. Gilstrap, Attached is a letter addressing your concerns to the Mayor and City Council in regards to the $120 charge on your utility account. If you have any questions, please feel free to give me a call Thank you. Dennis Bockenstedt Finance Director 410 E. Washington Street Iowa City, IA 52240 319 - 356 -5053 phone August 5, 2013 Christopher M. Gilstrap 965 Slothower Ave Iowa City, IA 52246 Dear Mr. Gilstrap, I: r 1 CITY OF IOWA CITY 410 East Washington street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (3 19) 356 -5009 FAX www.lcgov.org I am responding to your concerns about the City charge for $120.00 on your recently opened utility account with the City. The City charges a standard minimum security deposit of $120.00 to all renters regardless of the services that the renter receives. The security deposit belongs to you but is being held by the City as security for your account. When your rental account is closed, the security deposit will be used to make your final payment and the remaining balance will be returned to you. We apologize for any inconvenience that this may have caused you, and we welcome you to Iowa City. Sincerely, Dennis Bockenstedt Finance Director August 7, 2013 Houghton Law Office Attn: James D. Houghton 216 Stevens Drive Iowa City, IA 52240 RE: Stevens Drive/South Gilbert Street Flooding Dear Mr. Houghton: r --a 3 � 1 -,t.Z ®ri IP7 .►'has._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 3S6 -5000 (319) 3S6 -5009 FAX www.icgov.org Thank you for your letter regarding your client's concerns about street flooding on Stevens Drive and South Gilbert Street. This section of Stevens Drive, at intersection with South Gilbert Street and east of the intersection where it is adjacent to your client's businesses, is a low lying area that is within the Iowa River flood plain (please see the enclosed map). In low lying areas such as this, the storm sewer system capacity is diminished when the river level is high. This will contribute to water ponding on the street during heavy rains as your client has noted. However, the specific problem that you noted on June 24th was related to a mechanical failure. During May and June of this year, the flood on the Iowa River was so high that a valve on the storm sewer was closed to prevent river water from backing through the pipe and flooding this area. When the valve is closed the storm sewer relies on pumps to remove local rain water. The street flooding on June 24th was related to a problem with the pump that occurred that day. Fortunately the problem was resolved before any damage occurred to buildings. Based on that experience we have reviewed and altered our practices for monitoring storm water pumps during floods. This will reduce the likelihood of a repeat of the flooding that was experienced on June 24th If you have any questions, please feel free to give me a call at (319) 356 -5141. Sinc&11, Ri k Fosse Director of Public Works cc: City Council W O N b-0 a M_ O N n W Previouslt accepted 2f(12) of 7/23 Council meeting HOUGHTON LAW OFFICE 216 STEVENS DRIVE P.O. Box 1147 IOWA CITY, IOWA 52244 -1147 JAMES D. HOUGHTON ATTORNEY AT LAW hloffice @gwestoffice.net July 10, 2013 Council Members 410 E. Washington Street Iowa City, IA 52240 RE. Stevens Drive/South Gilbert Street flooding Dear Council Members: TELEPHONE (319) 341 -0641 FACSIMILE (319) 341 -0681 I am sending you this letter on behalf of my client, David L. Clark. Mr. Clark is a partner of C & C Investments, which owns the building at the corner of South Gilbert Street and Stevens Drive. The building houses several businesses at 1566 and 1568 South Gilbert Street, and 204, 208, 210, and 216 Stevens Drive. Mr. Clark also owns the building at 224 Stevens Drive. Mr. Clark and his tenants are concerned about the flooding situation on Stevens Drive and South Gilbert Street during periods of heavy rain. Most recently, on June 24, 2013, the storm sewers backed up and caused significant overflow midway into the parking lot, shutting down Stevens Drive for much of the morning and then again later in the day. The duration of the overflow of storm sewer water into the parking lots and street was of a much longer duration than in the past. This caused a disruption to the businesses located in Mr. Clark's buildings, as customers, occupants, and patrons of the businesses were prevented from coming and going. Although the rain on June 24 was particularly heavy, this was not an isolated incident. Such incidents have been occurring with greater severity and frequency, especially in the past year. The undersigned, as a tenant at 216 Stevens Drive, can personally attest to the above. Mr. Clark intends to meet with representatives from Carousel 2 and Hy Vee for their input on this issue, as it is likely their businesses are also disrupted every time the storms sewers back up in to the street. Regarding the City's emphasis on re- development of the South Side of Iowa City and flood abatement, are there any immediate plans in the works to alleviate the problem with the storm sewer overflow at Stevens Drive and South Gilbert Street? Thank you for your attention to this matter. TesrD-Houghton y yours, cc: Rick Fosse 03-08-13 �7W401 ® CITY CAF IOWA CITY �� MEMORANDUM Date: August 8, 2013 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director -plq--, Re: Wastewater Project Update Attached is a brief update of the Wastewater Treatment Facilities Consolidation Project. Even though it is Iowa City's largest capital project ever, its location makes it out of site and out of mind for most people. The report is just a reminder that the project is underway and going well. If there are any questions regarding the project, please feel free to contact me. Cc: Ben Clark PROJECT UPDATE WASTEWATE R TREATMENT FACI LITI ES CONSOLIDATION PROJECT ON TIME AND ON BUDGET - AUGUST 7,2013 OVERVI EW: This project is expanding the South Wastewater Treatment Facility, allowing the flood -prone North Wastewater Facility to be eliminated and the area to be converted to other public uses, including open space.The expansion of the South Facility will also provide additional capacity for growth, improve the quality of our effluent, and better position us for potential future water quality regulations. ESTIMATED COST & FUNDING: The estimated cost of the project, including design work and a 10% construction contingency, is $55 million.lt will be funded with $22 million grant from U.S. Economic Development Agency (EDA); $13 million Community Development Block grant; $5.5 million in I -JOBS grants; and Local Option Sales Tax and operating revenue. The project is approximately 66% complete and is currently expected to be completed on time and within budget. Change orders to date total less than 0.5% of construction cost. Major activities evidenced in Figure I (the photo above) include: • Expansion of the Equalization Basin (upper right hand corner) • Covered Biosolids Storage Building (right side) • New primary and secondary clarifiers (center) • Aeration tank expansion (left side) continued on next page ■ The disinfection process is being converted from gas chlorination to an Ultraviolet Light system, thereby reducing the hazards of on -site chemical storage. ■ The new Biosolids Storage Building will allow greater operational and distribution flexibility for the final product of the solids processes. FIGURE 2 UV DISINFECTION FIGURE 3 BIOSOLIDS STO RAG E BUILDING �T•1� T•i4� C C C C C C C C C C C C C FV C C C E C C C C C C C C C Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under 21 _ TT PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) 2 Dogs Pub 120 0 0 0 3 0 0 0 0 Airliner 223 2 0 0 97 8 16 0.0824742 0.1649485 Airliner 223 1 0 2 97 8 16 0.0824742 0.1649485 American Legion 140 1 0 0 3 0 0 0 0 Atlas World Grill 165 0 0 0 2 0 0 0 0 Baroncini— 0 0 0 Basta 176 0 0 0 2 0 0 0 0 Blackstone -- 297 0 0 0 5 0 '0 0 0 Blue Moose— 436 5 0 0 186 34 6 0.1827957 0.0322581 Blue Moose— 436 6 1 0 186 34 6 0.1827957 0.0322581 Bluebird Diner 82 0 0 0 Bob's Your Uncle *^ 260 0 0 0 Bo -James 200 5 0 0 144 10 1 0.0694444 0.0069444 Bo -James 200 5 0 0 144 10 1 0.0694444 0.0069444 Bread Garden Market & Bakery 0 0 0 Brix 0 0 0 Brothers Bar & Grill, [It's] 556 11 3 0 416 92 39 0.2211538 0.09375 Brothers Bar & Grill, [It's] 556 17 7 0 416 92 39 0.2211538 0.09375 Brown Bottle, [The]— 289 0 0 0 1 0 0 0 0 ( Buffalo Wild Wings Grill & Bar— 189 0 0 0 9 0 0 0 0 (Cactus Mexican Grill 0 0 0 ]Caliente Night Club 498 0 0 0 34 0 0 0 0 (Carl & Ernie's Pub & Grill 92 0 0 0 18 0 0 0 0 )Carlos O'Kelly's- 299' 0 0 0 ]Chili Yummy Yummy Chili 0 0 0 2 0 0 0 0 ]Chipotle Mexican Grill 119 0 0 0 Tuesday, August 06, 2013 Page 1 of 5 C C C C C C Business Name Occupancy (occupancy loads last updated Oct 2008) = university of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Clarion Highlander Hotel 0 0 0 Clinton St Social Club 0 0 0 24 0 0 0 0 Club Car, [The] 56 0 0 0 4 0 0 0 0 Coach's Corner 160 0 0 0 13 0 0 0 0 Colonial Lanes- 502 0 0 0 1 0 0 0 0 Dave's Foxhead Tavern 87 1 0 0 2 0 0 0 0 DC's 120 6 0 0 337 99 19 0.2937685 0.0563798 ADC's 120 16 6 0 337 99 19 0.2937685 0.0563798 Deadwood, [The] 218 6 0 0 64 0 0 0 0 Devotay- 45 0 0 0 I Donnelly's Pub 49 0 0 0 38 0 0 0 0 ]Dublin Underground, [The] 57 0 0 0 51 0 0 0 0 Eagle's, [Fraternal Order of] 315 0 0 0 1 0 0 0 0 El Banditos 25 0 0 0 ►El Cactus Mexican Cuisine 0 0 0 ] El Dorado Mexican Restaurant 104 0 0 0 El Ranchero Mexican Restaurant 161 0 0 0 ] Elks #590, [BPO] 205 0 0 0 J Englert Theatre- 838 0 0 0 ]Fieldhouse 178 11 1 0 268 66 7 0.2462687 0.0261194 ] Fieldhouse 178 6 3 0 268 66 7 0.2462687 0.0261194 ] First Avenue Club- 280 0 0 0 1 0 1 0 1 ] Formosa Asian Cuisine- 149 0 0 0 ] Gabes- 261 2 0 0 45 , 2 0 0.0444444 0 ] George's Buffet 75 1 0 0 4 0 0 0 0 ]Givanni's- 158 0- 0 0 3 0 0 0 0 Tuesday, August 06, 2013 Page 2 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Godfather's Pizza- 170 0 0 0 Graze- 49 0 0 0 Grizzly's South Side Pub 265 0 0 0 8 0 0 0 0 Hilltop Lounge, [The] 90 1 0 0 2 0 0 0 0 Howling Dogs Bistro 0 0 0 IC Ugly's 72 1 0 0 5 0 0 0 0 India Cafe 100 0 0 0 Iron Hawk- 2 0 0 50 2 12 0.04 0.24 Iron Hawk- 0 0 0 50 2 12 0.04 0.24 IJimmy Jack's Rib Shack 71 0 0 0 Jobsite 120 1 0 0 15 1 0 0.0666667 0 IJoe's Place 281 5 0 0 174 4 2 0.0229885 0.0114943 (Joe's Place 281 4 0 0 174 4 2 0.0229885 0.0114943 (Joseph's Steak House- 226 0 0 0 1 0 0 0 0 Linn Street Cafe 80 0 0 0 (Los Portales 161 0 0 0 Martini's 200 6 0 0 265 31 5 0.1169811 0.0188679 (Martini's 200 10 3 0 265 31 5 0.1169811 0.0188679 Masala 46 0 0 0 Mekong Restaurant- 89 0 0 0 Micky's- 98 2 0 0 120 0 2 0 0.0166667 I Mill Restaurant, [The]- 325 0 0 0 27 2 0 0.0740741 0 Moose, [Loyal Order of] 476 0 0 0 1 0 0 0 0 Motley Cow Cafe 82 0 0 0 Noodles & Company- 0 0 0 10koboji Grill* 222 0 0 0 Tuesday, August 06, 2013 Page 3 of 5 Business Name Occupancy (occupancy loads last updated Oct 2008) = University of Iowa Monthlv Totals Bar Checks Under2l PAULA Prev 12 Month Totals Bar Checks Under2l PAULA Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Old Capitol Brew Works 294 0 0 0 12 0 0 0 0 One - Twenty -Six 105 0 0 0 4 0 0 0 0 Orchard Green Restaurant— 200 0 0 0 1 0 0 0 0 Oyama Sushi Japanese Restaurant 87 0 0 0 Pagliai's Pizza— 113 0 0 0 Panchero's (Clinton St)- 62 0 0 0 7 0 0 0 0 Panchero's Grill (Riverside Dr)— 95 0 0 0 (Pints 180 8 2 0 238 28 7 0.1176471 0.0294118 (Pints 180 3 0 0 238 28 7 0.1176471 0.0294118 ] Pit Smokehouse— 40 0 0 0 Pizza Hut— 116 0 0 0 Players 114 0 0 0 4 6 0 1.5 0 �Quinton's Bar & Deli 149 0 0 0 23 1 0 0.0434783 0 I Rice Village 0 0 0 ]Ridge Pub 0 0 0 ] Riverside Theatre- 118 0 0 - 0 ]Saloon— 120 0 0 0 19 0 0 0 0 ]Sam's Pizza- 174 0 0 0 10 1 4 0.1 0.4 ]Sanctuary Restaurant, [The] 132 0 0 0 1 0 0 0 0 ]Shakespeare's 90 0 0 0 _ 4 0 0 0 0 ]Sheraton 0 0 0 ]Short's Burger &Shine— 56 0 0 0 24 0 0 0 0 ]Short's Burger Eastside 0 0 0 ]Sports Column 400 6 0 0 259 62 20 0.2393822 0.0772201 ]Sports Column 400 18 5 1 259 62 20 0.2393822 0.0772201 ]Studio 13 206 11 0 0 146 ` 11 1 0.0753425 0.0068493 Tuesday, August 06, 2013 Page 4 of 5 Business Name Occupancy Monthlv Totals Prev 12 Month Totals Under2l PAULA (occupancy loads last updated Oct 2008) = University of Iowa Bar Checks Under2l PAULA Bar Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Summit. [The] 736 5 0 0 213 34 31 0.1596244 0.1455399 Summit. [The] 736 12 3 0 213 34 31 0.1596244 0.1455399 Sushi Popo 84 0 0 0 Szechuan House 0 0 0 Takanami Restaurant- 148 0 0 0 Taqueria Acapulco 0 0 0 TCB 250 4 0 0 133 10 0 0.075188 0 GTCB 250 4 0 0 133 10 0 0.075188 0 Thai Flavors 60 0 0 0 JThai Spice 91 0 0 0 Times Club @ Prairie Lights 60 0 0 0 JTrumpet Blossom Cafe 94 0 0 0 1 0 0 0 0 Union Bar 854 7 1 0 295 75 31 0.2542373 0.1050847 VFW Post #3949 197 0 0 0 1 0 0 0 0 Nine Tavern, [The] 170 0 0 0 72 13 4 0.1805556 0.0555556 Wig & Pen Pizza Pub- 154 0 0 0 1 0 0 0 0 (Yacht Club, [Iowa City]- 206 2 0 0 96 8 1 0.0833333 0.0104167 (Yen Ching 0 0 0 )Z'Mariks Noodle House 47 0 0 0 214 35 3 6790 1080 374 0.1590574 0.0550810 Totals Off Premise 0 0 0 0 0 0 0 0 Grand Totals 3 374 * includes outdoor seating area exception to 21 ordinance Tuesday, August 06, 2013 Page 5 of 5