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Home My WebLink About1979-07-24 Special Meeting"-COUNCIL MEETING OF JULY 24, 1979/y'7 J _ ��j'.� Ila,� ao �-e,,l �seo a;i 1 4 5,67 8 0.I0!112"� .EFT JORM MICROI-AB }. :i{K' S ( F, Y J 1 .,� •1 l � ..1 1 , t � �' '. V M { ! Y LM.: �- �.' Ali ! r.. .. -: : :..: ... -•, . - , 5>-l4e lw ,ter :' • . .fir: tl 1 JORM MICROI-AB r' i I 1 II I I i f I I I, �1 I; 1 I 1 1` l I. I REGULAR COUNCIL BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA ROLL CALL _ MEETING OF JULY 24, 1979 7:30 P.M. PRESENT ABSENT v ,/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401HES COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 24, 1979 Iowa City Council, special mtg., 7/24/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret (7:40 P.M.), Vevera. Absent: Roberts. Staffinembers present: Berlin, Stolfus, Helling, Scholten, Karr, Zukrowski, Brown. Council minutes tape recorded on Tape 79-20, Side 1, 2000 -End, and Side 1, 1-610. Mayor Vevera advised that Item 3 would be the first item of business. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-334, Bk. 57, pp. 956-958, AUTHORIZING REASSIGNMENT OF REAL ESTATE CONTRACT FOR PENTACREST GARDEN APARTMENTS, Parcel 93-1/101-2. Affirmative roll call vote unanimous, 5/0, Perret and Roberts absent. Perret arrived, 7:40 P.M. Public hearing was held to determine whether the beer/liquor license issued to Ambrose-Lovetinsky, Inc., dba/Woodfield's should be revoked or suspended pursuant to Section 5-35, for violation of Section 18-33 of the Code of Ordinances of Iowa City for denial of the full and equal enjoyment of goods, services, facilities, privileges, advantages of any place of public accommodation because of race or color resulting from restrictive entrance requirements at Woodfield's on or about June 23, 1979. Human Rights Comm. Chrp. Braverman outlined the proceedings as held and to be held by the hearing panel and the Commission. Attorney 76? J. Patrick White representing Woodfield's suggested that the proceedings were in violation of Iowa City ordinances, citing in particular, Section 18.43.A.2.I. Asst. City Attorney Roger Scholten stated that after consulting with City Attorney John Hayek, it was determined that the Council could hold the hearing, but should not make a determination. The Human Rights Commission conciliation team and Commission members were asked to leave the room. Scholten advised that the Notice also referred to Section 5-35. The report expected from the Human Rights Commission was not available, the conciliation team to meet at 6:30 P.M. on 7/25, to prepare a recommendation for the Commission to discuss & come to agreement on at the 7/26 meeting. Citizens participating in discussion of the proposed violation were: Marilyn Turner, 303 Melrose Ave., who requested a special Council meeting on 7/27 for determination on the issue; Jonathan Robinson, Vice - Pres. AFSCME Local 183, read a letter from the membership urging lifting of the license; Robert Morris, 36 W. Court, who called attention to racist policy in other places in the City; Niambi Webster, 634 Westgate, who related student concerns over music policy; Ed Barnes, 930 N. St. SW, Cedar Rapids, David Adams, 625 1st Ave., Coralville; Sheila Shay, 515 E. Burlington, k6; Leon Johnson, 515 E. Burlington, N11A; Melvin Caldwell, 1110 N. Dubuque; Joe Murphy, 1692 Ridge Road; Tammy Fisher, 3117 Juniper Drive; Robert Martin, 625 Emerald; Linda Manuel, 212h S. Clinton; Jon Roberts, 1873 Lower Muscatine; Nancy O'Brine,.441 Emerald; Edward Larmond, 716 20th Ave., Coralville; Clara Oleson, 6 S. Johnson; Steve Anderson, RR1, Burlington, who presented a statement; Kevin Houghton, IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIn ES 0 -V .. Council Activities July 24, 1979 Page 2 316 S. Dodge, who presented a petition from 200 citizens requesting revocation of the license. After discussion by Council of further procedure, it was moved by deProsse, seconded by Perret, that the public hearing be continued to 7:30 P.M. on Thursday, 7/26, in the Council Chambers. City Mgr. Berlin stated that he did not recommend that Council meet on Thursday. Because of the magnitude of the issue, it was desirable to have as many Council - members as possible present, and it had been determined that only four members would be available to attend. He expressed concern for the quality of work by the Human Relations staff and Legal Department when the pressure extends beyond a couple days. Motion did not carry, 3/3, Neuhauser, Balmer & Vevera voting 'no'. Moved by Neuhauser, seconded by deProsse, to receive the petition from Houghton & statement from Anderson, and make them a part of the public hearing. Motion carried unanimously. Moved by Neuhauser, seconded by Balmer, that the public hearing be continued to 7:30 P.M., July 31, in the Council Chambers. Motion carried, 6/0, Roberts absent. Meeting adjourned, 11:05 P.M. U1161424MMI U'I�;L1�31A'bl; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 24, 1979 Iowa City Council, special mtg., 7/24/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret (7:40 P.M.), Vevera. Absent: Roberts. Staffinembers present: Berlin, Stolfus, Helling, Scholten, Karr, Zukrowski, Brown. Council minutes tape recorded on Tape 79-20, Side 1, 2000 -End, and Side 1, 1-610. Mayor Vevera advised that Item 3 would be the first item of business. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-334, Bk. 57, Pp. 956-958, AUTHORIZING REASSIGNMENT OF REAL ESTATE CONTRACT FOR PENTACREST GARDEN APARTMENTS, Parcel 93-1/101-2. Affirmative roll call vote unanimous, 5/0, Perret and Roberts absent. Perret arrived, 7:40 P.M. Public hearing was held to determine whether the beer/liquor license issued to Ambrose-Lovetinsky, Inc., dba/Woodfield's should be revoked or suspended pursuant to Section 5-35, for violation of Section 18-33 of the Code of Ordinances of Iowa City for denial of the full and equal enjoyment of goods, services, facilities, privileges, advantages of any place of public accommodation because of race or color resulting from restrictive entrance requirements at Woodfield's on or about June 23, 1979. Human Rights Comm. Chrp. Braverman outlined the proceedings as held and to be held by the hearing panel and the Commission. Attorney J. Patrick White representing Woodfield's suggested that the proceedings were in violation of Iowa City ordinances, citing in particular, Section 18.43.A.2.I. Asst. City Attorney Roger Scholten stated that after consulting with City Attorney John Hayek, it was determined that the Council could hold the hearing, but should not make a determination. The Human Rights Commission conciliation team and Commission members were asked to leave the room. Scholten advised that the Notice also referred to Section 5-35. The report expected from the Human Rights Commission was not available, the conciliation team to meet at 6:30 P.M. on 7/25, to prepare a recommendation for the Commission to discuss & come to agreement on at the 7/26 meeting. Citizens participating in discussion of the proposed violation were: Marilyn Turner, 303 Melrose Ave., who requested a special Council meeting on 7/27 for determination on the issue; Jonathan Robinson, Vice - Pres. AFSCME Local 183, read a letter from the membership urging lifting of the license; Robert Morris, 36 W. Court, who called attention to racist policy in other places in the City; Niambi Webster, 634 Westgate, who related student concerns over music policy; Ed Barnes, 930 N. St. SW, Cedar Rapids, David Adams, 625 1st Ave., Coralville; Sheila Shay, 515 E. Burlington, N6; Leon Johnson, 515 E. Burlington, A11A; Melvin Caldwell, 1110 N. Dubuque; Joe Murphy, 1692 Ridge Road; Tammy Fisher, 3117 Juniper Drive; Robert Martin, 625 Emerald; Linda Manuel, 212'k S. Clinton; Jon Roberts, 1873 Lower Muscatine; Nancy O'Brine, 441 Emerald; Edward Larmond, 716 20th Ave., Coralville; Clara Oleson, 6 S. Johnson; Steve Anderson, RR1, Burlington, who presented a statement; Kevin Houghton, fv�' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110f11ES Council Activities July 24, 1979 Page 2 316 S. Dodge, who presented a petition from 200 citizens requesting revocation of the license. After discussion by Council of further procedure, it was moved by deProsse, seconded by Perret, that the public hearing be continued to 7:30 P.M. on Thursday, 7/26, in the Council Chambers. City Mgr. Berlin stated that he did not recommend that Council meet on Thursday. Because of the magnitude of the issue, it was desirable to have .as many Council - members as possible present, and it had been determined that only four members would be available to attend. He expressed concern for the quality of work by the Human Relations staff and Legal Department when the pressure extends beyond a couple days. Motion did not carry, 3/3, Neuhauser, Balmer & Vevera voting 'no'. Moved by Neuhauser, seconded by deProsse, to receive the petition from Houghton & statement from Anderson, and make them a part of the public hearing. Motion carried unanimously. Moved by Neuhauser, seconded by Balmer, that the public hearing be continued to 7:30 P.M., July 31, in the Council Chambers. Motion carried, 6/0, Roberts absent. Meeting adjourned, 11:05 P.M. J �� (/ fir• v R BE A. V •VE A, fA R IIICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CRY ov i r a DATE: July 20, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from City Manager to IDOT, Transit Division, regarding Iowa City's selection as a community in which to develop and test the Uniform Data Management system. Memoranda from the City Manager: a. Dog Complaint b. Department Evaluations c. Emergency Building Temperature Restrictions Copy of letter to Mayor Vevera from Ms. Colleen Jones, Director of Special - Support Services, University of Iowa, regarding the public hearing on Woodf Memorandum from the Public Works Department regarding FY 80 asphalt resurfa project. Memoranda from the Legal staff: a. Penalty on Goodwill Assessment b. ACT Permit _ c. Appeal of Actions of City Boards and Commissions — United Action for Youth monthly report, May 1979. Newsletter for Lower Ralston Creek Neighborhood, July 1979. 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101-11ES i IOWA CITY CITY COUNCIL I AGENDA I i" i p I I I I i 1 I, I i I i , I i SPECIAL COUNCIL MEETING OF JULY 24, 1979 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES r-, AGENDA SPECIAL COUNCIL MEETING JULY 24, 1979 m No. 1 - MEETING TO ORDER MaLfa Ro(+evf ✓eoev& pv-eaiaiHy. D ROLL CALL Pxv`vet' R06AS abseJ m No. 2 - PUBLIC HEARING TO DETERMINE WHETHER THE CITY COUNCIL SHALL SUSPEND OR REVOKE THE BEER OR LIQUOR LICENSE ISSUED TO AMBROSE-LOVETINSKY, INC., dba/ WOODFIELDS. Comment: This public hearing is to determine whether the beer or liquor license issued to Ambrose-Lovetinsky, Inc., dba/Woodfields should be revoked or suspended for violation of Section 18-33 of the Code of Ordinances of Iowa City for denial of the full and equal enjoyment of goods, services, facilities, privileges, advantages of any place of public accommodation because of race or color resulting from restrictive entrance requirements at Woodfields on or about June 23, 1979. A public hearing by the Human Rights Commission regarding this matter is being held on July 23, 1979. If the Human Rights Commission has not made a decision by July 24, the City Council shall delay its determination as to whether a violation of said ordinance has occurred and whether said license shall be suspended or revoked pursuant to Section 123.39, Code of Iowa (1979) and Section 5-35 of the Code of Ordinances of Iowa City. Action: Item No. 3 - CONSIDER RESOLUTION AUTHORIZING REASSIGNMENT OF REAL ESTATE CONTRACT FOR PENTACREST GARDEN APARTMENTS. Comment: In 1977 Pentacrest Garden Apartments, an Iowa partnership composed of James Clark and Loretta Clark, was the successful 3 bidder on Urban Renewal Parcels 93-1/101-2. At that time, they requested and received Council approval for a transfer of interest to Agent Corporation to hold the property during construction financing, They have now requested approval of a transfer back to the original entity, Pentacrest Garden Apartments. The staff recommends approval of this resolution. This resolution is included on this agenda because it is necessary for a loan closing on this project and should not be delayed until the next regular meeting. --h—EU-Action: I Ra (2)t29 / a1 0 A 0, 5"17) Item No. 4 - ADJOURNMENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES fb 9: o0/ 3 I i 3 �'1 "-/ -- �o O✓/� �rm�-r-y-x-rJ — �. � %' q p �'p-Lr Awn-` :3C) ! 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' _4OLsc Si9N IN: N4mE:act A Ess: 4. to eWL (A a. a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES { i j 1 b f t � i! I y t C06NCTL MEETING OF ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL ORIGINAL XEROX XEROX COPIES COPIES COPIES CONT. INSTRUCTION AGENDA CERT. OF OF OF AFTER FOR ITEM N FILE N RECR. ITEMS CONTRACT ITEMS EXECUTION FINALIZATION 3 33/ ox U C2e«rd< ) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES I s RESOLUTION NO. 79-334 RESOLUTION AUTHORIZING RE ASSIGNhM OF REAL ESTATE CONTRACT FOR PENTACRESr GARDEN APARImwT3 IYHEREAS, Resolution No. 77-450 authorized the sale of certain urban renewal property to Pentacrest Garden Apartments under date of November 22, 1977, and WHEREAS, a contract was entered into between the City of Iowa City, Iowa, and Pentacrest Garden Apartments for the sale of certain land under date of November 23, 1977, and by WHEREAS, on November 30, 1977, the City of Iowa City, Iowa, conveyed IYarranty Deed to Pentacrest Garden Apartments, a partnership, the real estate covered by said contract herein above and described as follows, to -wit: All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly to -wit: described as follows, Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof; and all of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except for the east 25 feet of said Lot, in Block 101, and the Capitol Street right -of -sway from the south right- of-way line of Burlington Street to the north right- of-way line of Court Street, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south right-of-way line extended of Burlington Street, 15.36 feet to the point of beginning; thence southerly 320.00 feet from said right-of-way line along a line parallel to the east line of Block 93; thence westerly 3.50 feet along a line parallel to the north right-of-way line of Court Street; thence southerly 60.00 feet along a line parallel to the east line of I Block 93 to the north right-of-way line extended of Court Street; thence easterly 68.00 feet along said right-of-way line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north right-of-way line of Court Street ex- tended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south right-of-way line extended of Burlington Street; thence westerly along the south right-of-way line of Burlington Street, 42.50 feet to the point of beginning. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES 110,7 i i s Resolution No. 79-334 Page 2 M ERREAS, under date of December 2, 1977, Pentacrest Garden Apartments, by James A. Clark and Loretta C. Clark, the partners therein, conveyed said property to Agent Corporation, and I 1YfHMM, on November 22, 1977, the City was notified of the request to transfer by Pentacrest Garden Apartments to Agent Corporation, pursuant to Section 503, Part II of the contract for sale of the land for private redevelopment, and WIIEREAS, on December 2, 1977, John Hayek, City Attorney, and Neal Berlin, City Manager, approved the transfer pursuant to authority granted to then by Council action on November 22, 1977, and WHEREAS, Agent Corporation now intends to transfer the said real estate hereinabove described back to Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, and WHEREAS, pursuant to Section 503, Part II referred to hereinabove, request is again made to the re -assignment of the real estate and re- development contract by Agent Corporation back to Pentacrest Garden Apart- ments so the real estate is owned by Pentacrest Garden Apartments and the contract is between Pentacrest Garden Apartments and the City of Iowa City, Iowa, the same as it was in the original instance on November 23, 1977. NOW, nIER FORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY OF IO{VA CITY: 1. The City of Iowa City, Iowa, pursuant to Section 503, Part II of the contract for sale of land for private redevelopment originally entered into between Pentacrest Garden Apartments and the City of Iowa City, Iowa, now gives formal and unequivocal consent and approval to the transfer of real estate and re -assignment of the original contract between Pentacrest Garden Apartments and the City of Iowa City, Iowa, dated November 23, 1977, to the end that Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, now has complete ownership of the real estate covered thereunder, and full privity of the contract with the City. 2. The City of Iowa City, Iowa, further consents to the transfer of any interest of Agent Corporation in the subject real estate to Pentacrest Garden Apartments. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r1 " Resolution No. 79-334 Page 3. 3. The City of Iowa City, Iowa, will promptly seek to enter into an agreement with Johnson County, Imva for the payment under protest of the real estate taxes in this matter. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DePiosse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 24th day of July , 1979. Attest: Me,. /'Ls J City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY OF CIVIC CLN(LR 410 [ �I July 5, 1979 OWA CITY 11' LANA (A i A: II INVI\ 522 i-) (3 1c)) 35G I' .) NOTICE OF PUBLIC IEARING ON SUSPENSION OR R1;VOC.ATION OF A BFLR AND LIQUOR LICj4SR ISSUI.D '11) MIBROSL-LOVEMNSKY, INC. d/b/a Woodfields To: Mr. Harry Ambrose Mr. Daniel love ti. nsky Woodfields 223 E. Washington Iowa City,lo a 52240 NOTICE IS MREI3Y GIVEN that a public hearing will be held before the City Council of the City of lowa City, Iona, at the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 p.m. on July 24, 1979, to determine whether the City Council shall suspend or revoke the beer or liquor license isstied to Ambrose-Lovetinsky, Inc., d/b/a Woodfields on February 24, 1978, for violation of Section 18-33 of the code of ordinances of Iowa City for denial of the full and equal enjoyment of the goods, services, facilities, privileges, advantnges of any place of public accommodation because of race or color resulting from restrictive entrance rtcluinments at Woodfields on or about June 23, 1979. Following said public hearing the City Council shall make a detennination as to whether a violation of said ordinance has occurred and whether said license shall be suspended or revoked pursuant to Section 123.39, code of Iowa (1979) and Section 5-35 of the code of ordinances of Iowa City. al'164 -' Abbie Stolfus City Clork cc: J. Patrick libite 330 Clinton Iowa City, Iowa 52240 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I We the undersigned citizens of Iowa city,petition the Iowa City Council. to revoke Woodfield's liquior license, because of its discriminatory practises on or about June 23, 1979. name address phone %Uci----------------,�Z6 _ S_�iVL`LYL 1 22-- ---------- ---�--�✓_-S tL------`------ --- �e----------- ----------9---- - -- -=3-------,�,--------- -+��-=------)A2�--��_v_G SCS_ 7-----�-�� ---------- SO 1 _i l �---------------- --- ==-=-- ______ ________.-________ ---------�u---��-=-C.oLty L - --------- _ '------------��° -- `- C ------ - ----- --------- ---M6_7_4'32------------------------- -- A ,n -- -- �� S 41(4-1. 67--- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES We the undersigned citizens of Iowa city,petitiou the Iowa City Council to revoke WoodHe;rl's liquior license,becnli_e of its discriminatory practises on or about june 23, 1979. Hama ..AA....... _. J:. I, I --------------------•- ------------- M A'C�--- Y__F_aee-y,--� _y _ _.flue _ --------------------------3sr �3v.�-- �- Ad r�--------- ��------ 4_____________________________________________ '--------------------------------------------- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOIRES We the undersigned citizens of lowa city,petition-the Iowa City Council to revoke WoodEield's liquior license, because of its discriminatory practises on or about June 23, 1979��-�. name address I phone _1Tnrn�all.---3-L-L-- 7----------------------------I------�----r��----r---r---------------..-_.-,-•�---- 10--- ` -- ---------6 c�_--.' ---te r- = ��------- 1 ''-- - - ------1 ?---� F ----------------------------- ----- ------------ w--- ---- --------------------------- 13------ -- -%-� 1 �---- w _ 14--- ----------- --'----f/ IZZl__p5 --------- -------��_------- /.... x(30 Jd - / I 15------- ----Q ------------�_- ---- 17--- n�- ------Q2aZ--i�rel is---------------------------- 18--- ----- -----------------fffl�µ/��1,CL>,.32�j8 =pyp 9 --Ti _u2L�t�/L{---�--�JO__QI_T./------- 20- -=--r_t ------ 21 --�`� —-------------------------------------- ----------------------------------------------- el •¢ 3 r1 N71 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES MOVES 1 1 1 1 1 1 1 1 2 I 2 2 I� lee We the undersigned citizens of Iowa city,petition the Iowa City Council to revoke Woodfi.eld's liqutor iicense,because of its discriminatory practises on or about june 23, 1979. meaddress — phone / A ---�-------- / =-----=-------------------------=--------- --- -T, --- — -- � , L' C. ----------- -- .. - 7 ---------------='35----J C----- �— 6 f'.� ;/i �_ f----- --[ C--- _ ---=_- -=--------------------- ------ -- - q - - / /Al}2.','�9�'ll./ _-rj --L �-, �f11�O-_-______ ,l /•�/Z//i„1 �!��*_� -'✓/ A .i. .� %,. 1. , r >, .i1------------------------------- -------------------- ---------------- ------ --__>GL _'e�..�r ______r�k'lil_C_�L..__________ g_`1�111LY]--------•------------------------------- 4 ? _ _%'f-� We the undersigned citizens of Iowa city,petition the Iowa City Council to revoke Woodfield's liquior license,because of its discriminatory practises on or about ;June 23, 1979. name address phone ------ 6 ��'"--'a°--�L_------ �I LI l - - -------------'4�4_ -- - --- -J�-------------a3$ j 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 76 We the undersigned citizens of Iowa city,petitior. the Iowa City Council to revoke Woodfiel.d's liquior i'Lcense,because of its discriminatory practises on or about june 23, 1979. la AL2rat--��'-----------------�'z----=----Eiyf---�rrs�r l �, /1 ---------------- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES W e the undersigned citizens of Iowa city,peti.tlon the Iowa City Council to revoke Woodfleld's liquior iicense,because of its discriminatory practises on or about juue 23, 1979. IV7P MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES We the undersigned citizens of Iowa ciLy,petition the Iowa City Council to revoke Woodfield's liquior license,hecause of its discriminatory practises on or about june 23, 1979. name address phone MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIfiES We the undersigned citizens of Iowa city,petitlon the Iowa City Council to revoke Woodfield's liquior li.cense,Uecause of its discriminatory practises on or about ,june 23, 1979. named address / phone MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES `mitt/Q/ owl - -- - ✓fC� eco MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOfTIES r-1� hIICROFILMEO 8v JORM MICROLAB I' '`Owl City of Iowa cCd MEMORANDUM DATE: July 20, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from City Manager to IDOT, Transit Division, regarding Iowa City's selection as a community in which to develop and test the Uniform Data Management System. Memoranda from the City Manager: a. Dog Complaint b. Department Evaluations — c. Emergency Building Temperature Restrictions _ Copy of letter to Mayor Vevera from Ms. Colleen Jones, Director of Special Support Services, University of Iowa, regarding the public hearing on Woodfi Memorandum from the Public Works Department regarding FY 80 asphalt resurfac project. Memoranda from the Legal staff: a. Penalty on Goodwill Assessment b. ACT Permit — c. Appeal of Actions of City Boards and Commissions United Action for Youth monthly report, May 1979. Newsletter for Lower Ralston Creek Neighborhood, July 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES f 0 City of Iowa City MEMORANDUM DATE: July 20, 1979 TO: City Council FROM: City Manager OF: Informal Agendas and Meeting Schedule July 23, 1979 Honda NO INFORMAL MEETING July 24, 1979 Tuesda 7:30 P.M. - Special Council Meeting - Public Hearing - Council Chambers July 30, 1979 hbndav 1:30 - 5:00 P.M. 1:30 P.M. - Review zoning applications 2:00 P.M. - Council agenda, Council time, and Council committee reports 2:30 P.M. - FY 81 budget process and C.I.P. 3:00 P.M. - Discuss leaf burning policy July 31, 1979 Tuesday 7:30 P.M. - Regular Council fleeting - Council Chambers PENDING ITEMS Northside Study Area Transportation Study Presentation on new Art Gallery - September 1979 Appointments to Housing Commission and Committee on Community Needs - August 14 Discuss major City projects FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES R r. ") July 18, 1979 fol - Mr. Frank Sherkow, Deputy Director Public Transit Division Dept. of Transportation 5268 N.W. Second Avenue Des Moines, Iowa 50313 Dear Mr. Sherkow: The City of Iowa City is pleased to be selected as a community in which you will develop and test the Uniform Data Management System. We recognize that certain staff time will be involved and are looking forward to participating with you in this innovative program. Sincerely yours, Neal G. Berlin City Manager cc: Joanne Short, DOT Hugh Mose Rosemary Vitosh Roger Bolt, ECICOG Leonard Greenwood, Greenwood & Crimm City Council jm1/23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /4/79 City of Iowa Cit, MEMORANDUM Date: July 18, 1979 To: Cit�ouncil From: Cit anager Re: Dog Complaints At the City Council informal session on Monday, June 18, there was discussion of two dog complaints; one originated from Washington Place and the other along California Avenue. At that time I indicated to the City Council that I would investigate both complaints and provide you with additional information. Immediately prior to the June 19 Council meeting, a neighbor living in the vicinity of Mr. Sullivan made a special trip to the Council Chamber to discuss Mr. Sullivan's dog. The trip was prompted by the front page news article. The neighbor informed me that in fact the dog does from time to time visit the yards of neighbors and utilize them for the dog's own purposes. The second complaint also was investigated. The animal control officers indicated that the dog was some distance from the owner. Also the dog ran out into the street when the truck approached and would not return to the owner. While the stories of the owners and the dog officers do not agree, there certainly appears to be sufficient evidence in these two cases to justify action by the dog control personnel. The manager has discussed these matters and other complaints with the Police Chief. The animal control officers have been instructed to concentrate on dogs running at large while on patrol and use discretion when issuing violation notices for an unleashed dog, particularly when the animal is heeling with the owner. The number of dog complaints received from irate citizens has been reduced greatly in the last several years because of the excellent efforts of the dog control officers. Also, even with the exercise of discretion, the nature of dog problems is such that the facts as interpreted by the dog owner and the animal control officers generally will not coincide. bc3/15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIDES /yid City of Iowa Clt� MEMORANDUM Date: July 19, 1979 To: City ouncil From: Cit nager Re: Department Evaluations This year, as a part of the evaluation of department heads, the Manager has established specific personal goals for each department head. These goals may relate to management problems and/or changes in department direction. This information is constituted as an informal written contract which will be utilized in the next annual evaluation of the department head. From time to time, Council members have discussed specific departmental issues with the Manager. If any Council member desires to review the evaluation effort, the Manager will be pleased to discuss it with you. bc3/9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES 11'emol City of Iowa Cit'"' MEMORANDUM Date: July 20, 1979 To: Depa tment and Division Heads From: Ci anager Re: Emergency Building Temperature Restrictions On Monday, July 16, 1979, a federal regulation became effective banning cooling below 78° F and heating above 65° F in any public building. Also domestic hot water temperatures may not exceed 105° F. These regulations are in effect for 9 months. Not only must the City comply with this law, but also certification of compliance must be made for each building to the U.S. Department of Energy (DOE) within 30 days, by August 14, 1979. Each department head is responsible for compliance with the law in the buildings under his or her jurisdiction. On or before August 1, all buildings must be in compliance. At that time Roger Tinklenberg will make an inspection of the buildings to insure compliance. Periodically after that the buildings will be inspected without prior notice. All air conditioning thermostats must be set no lower than 78° F or the temperature of each area controlled by a thermostat must be separately confirmed to be no lower than 78° F. During the winter all heating thermostats must be set no higher than 65° F or the maximum temperature may not exceed 65° F. Space heaters are allowed only to heat an area to 65° F -- no higher. Fans and natural ventilation are allowable for cooling a building below 78° F or heating a building over 65° F. During unoccupied periods of eight hours or more the cooling system in a building may not be operated at all and the heating system may not be operated if the outdoor temperature is greater than 50° F. When the outdoor temperature is lower than 50° F, the building's heating system may be operated only to maintain an indoor temperature of less than 55° F. The cooling or heating systems may be started up early in the morn- ing prior to building occupancy in order to have the building tempera- ture at the minimum or maximum allowable temperature by the time the building is occupied. There are certain exemptions made for special cooling or heating needs such as the digestor operation at the Pollution Control Plant, the animal pen room of the Animal Shelter, and the swimming pool room at the Recreation Center. Anyone having questions concerning the exemptions or the requirements, should contact Roger Tinklenberg, Energy Program Coordinator. Compliance with the requirements of the law shall be determined by reading the set -point of the thermostat or by measuring the dry-bulb temperature by the following methods: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES 'l 2 .1. A thermometer placed within 24 inches of the thermostat; n two ay rom and 2 The the center eoffeach rexternal mometer rwall nin the gs er room, and tatwthe ft center of the room; or 3. If there are no external walls, the temperature at the center of the room. Records must be kept of the means adopted to comply with the regulations and any exemptions claimed because that information must be reported to DOE within 30 days, on the "Building Compliance Information Form". Also a "Certificate of Building Compliance" must be posted in a prominent location within each building. Forms provided by DOE must be used and Roger has ordered them. Both the owner and the operator are liable for the execution of the operator responsibilities. Please make your employees aware of these temperature restrictions and advise them to dress accordingly. If you have any problems or questions please consult with Roger Tinklenberg. jm4/1 cc: City Council MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES The University of Iowa Iowa City, low, 52242 Special Support Savlan Educational OpportunlBes Program 310 Calvin Hall (319) 353.7170 July 17, 1979 Mayor Robert Vevera The City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor Vevera: i RECEIVED JUI. 1 91979 1147 I regret that I will be out of state on the evening of the public hearing for the consideration of the suspension of the liquor license of Mr. Harry Ambrose doing business as Woodfield's Disco. Nevertheless, I want to appeal to you to be mindful of your duty as you consider this issue. Not since the early 1970's has an action by the City Council had the potential to set the tone for the racial environment in Iowa City. It is my responsibility to direct to student affirmative action efforts for The University of Iowa. In fulfillment of that responsibility, I and supporting staff travel throughout Iowa and to major metropolitan areas encouraging persons from low income and educationally disadvantaged backgrounds to take advantage of the educational opportunities of The University of Iowa. Furthermore, these students help to create the cultural diversity of which President Boyd speaks so proudly. I And as I said when I spoke to the City Council last month, the minority students (Chicano, Black, Vietnamese, American Indian, Puerto Rican) are not August to May transients. Many of them live year around in Iowa City. About 35% are registered voters in the county, about 20% have pre-school or elementary school -aged children, they drive the City's buses and taxis, work on the street crews and in the local businesses. In other words, they are members of this community - and every public accommodation -- by law -- is open to them. And any agent of the Public trust who overtly and capriciously disregards the letter and spirit of the law should be penalized. And I sincerely believe, with no doubt in my mind, that Mr. Harry Ambrose did authorize, permit and/or commit acts of discrimination against citizens of this community. As I stated previously, when I talk to people and tell them about The University of Iowa and encourage them to come to Iowa City for their education, I've been proud to say that Iowa City is an open community, free of the cancerous lesions of racism and, classism that characterize many other suburban and rural college environments. My word is my bond, and in making some sacrifices to come to Iowa City, I've asked these people to believe and trust in me. The liquor license for Woodfield's must be suspended -- and not for three weeks in August when the establishment probably would have been closed anyway --or permanently revoked. 1*1 3 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Letter to Mayor Vevera July 17, 1979 Page 2 If you don't choose one of these actions, then maybe I have lied, because Iowa City can't be the progressive, open, and unprejudiced community I've advocated if blatant discrimination goes unchecked and unpunished. Sincerely, M. Colle�o�. Director MCJ/hab MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I I I I j Letter to Mayor Vevera July 17, 1979 Page 2 If you don't choose one of these actions, then maybe I have lied, because Iowa City can't be the progressive, open, and unprejudiced community I've advocated if blatant discrimination goes unchecked and unpunished. Sincerely, M. Colle�o�. Director MCJ/hab MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 0 City of Iowa Cltc MEMORANDUM Date: July 20, 1979 To: Neal Berlin and City Cox( From: Gene Dietz X Re: FY80 Asphalt Resurfacing Project The project involving the superelevation with asphaltic concrete of Dodge Street in the 800-900 block is not feasible, and therefore I recommend that this project be.removed from the FY80 Asphalt Resurfacing Project. In its place, I recommend that the following streets be overlayed with asphaltic concrete: Market. Street from Dodge Street to Clapp St. California Avenue from Western Road to Union Road. bc5/5 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES IIOIIIES City of Iowa City MEMORANDUM Date: July 19, 1979 To: Neal Berlin, City Manager From: Angela Ryan, Assistant City AttorneyA- Re: Penalty on Goodwill Assessment FACTS Goodwill Industries has requested that the penalty.for delinquent pay- ment of a special assessment be waived because it did not receive the notice in time to make its payment within the time provided. QUESTION PRESENTED Does the City have the authority to waive the penalty for Goodwill Industries? CONCLUSION Section 384.60(5) of the Code of Iowa states: ". . . Such notice shall also include a statement in substance that assessments may be paid in full without interest within 30 days after the date of certification, and thereafter all unpaid special assessments will draw annual interest at 7 percent, computed to the December 1 next following the due dates of the respective installments, and each installment will be delinquent on September 30 following its due date, and will draw additionally the same delinquent interest and the same penalties as ordinary taxes. . . Failure to receive a mailed notice is not a defense to the special assessment." Chapter 384 does not provide for the City to waive the penalty. In addition, an Attorney General opinion of November 14, 1973, would seem to lend weight to the view that it could not be waived. A city sought to lower the proportionate share of a special assessment paid by abutting property owners and to raise the share paid by the city. The opinion stated that the schedule may not be amended unless the assess- ments were illegal or invalid. It would seem that the policy arguments against the waiver of a penalty would be stronger than against the amendment of the schedule. cc: Mary Jo Small jm4/3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIn ES Al 150 i� S n; 9o. , t - " P i ` . Y1•b •• � '�xr. � ire � � g � , ,;. _, t ^ M' Date: July 18, 1979 To: City Council From: Robert H. Bowlin, Assistant City Attorney Re: Board of Electrical Appeals: Decision of February 12, 1979, Contractors Concerning E & S Electrical FACTS This matter came before the Board of Electrical Appeals from the appeal of E & S Electrical Contractors. The matter was heard on February 12, 1979. E & S appealed from the assessment of a triple fee for an elec- trical permit filed after the work was commenced. Mr. Paul Bowers, the Electrical Inspector, had assessed the triple fee pursuant to -Ordinance No. 2884 and Resolution No. 78-393, a resolution adopting a fee schedule The pertinent part of Ordinance No. 2884 establishing the triple fee is now codified as Section 11-51, Code of Ordinances of the City of Iowa City, Iowa. Mr. Bowers assessed the triple fee on the ground that Ordinance No. 2884, the ordinance in force at the time of the actual application for the permit, was the controlling ordinance. E & S Elec- trical Contractors argued that Ordinance 2862, now repealed, should control, as it was in effect at the time the violation would have first occured. As Ordinance 2862 provided for a double penalty fee, the question of which ordinance applied had a significant impact on the total fee to be charged. The Board of Electrical Appeals voted to revoke the decision of the Electrical Inspector to apply Ordinance No. 2884, and Resolution 78-393 accompanying it. The Board went on further to rule that Ordinance No. 2862 should apply. QUESTION PRESENTED Did the Board of Electrical Appeals act beyond its authority in finding that Ordinance 2862, and not Ordinance No. 2884, should apply? CONCLUSION No. The Board is empowered to affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of an ordinance. The Board, in making a decision as to which ordinance should apply, was acting within the scope of its authority. DISCUSSION The minutes of the meeting of the Iowa City Board of Electrical Appeals of February 12, 1979, are attached to this memo. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Z r, F Chapter 11-27, Code of Ordinances of the City of Iowa City, provides as follows: Iowa, I Any person affected by any action, interpretation or notice issued by the electrical inspector with respect to this code may, in writing, appeal to the board for consideration in accordance with the procedures set forth in the Iowa City administrative code. The Iowa City administrative code is codified as Article IX, Chapter 2, Code of Ordinances of the City of Iowa City, Iowa. Section 2-187 pro- y vides in pertinent part as follows: The agency (here the Board of Electrical Appeals) may affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of an ordinance. The Board of Electrical Appeals could have affirmed in its entirety or rejected in its entirety Mr. Bowers interpretation that Ordinance 2884 applied. It chose to exercise its authority to modify the decision by making a finding as to which ordinance should apply. Given the language of Section 2-187, I cannot say that its decision went beyond the scope j of its powers. In such a case, if the City is aggrieved by a decision 3 of the Board of Electrical Appealsit may petition for a Writ of Cer- tiorari to the District Court, asking the court to review the decision. i jm2/21 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n01n ES MINUTES I014A CITY BOARD OF ELECTRICAL APPEALS FEBRUARY 12, 1979 MEMBERS PRESENT: Ilynes, Flannery, Turner, Eyman MEMBERS ABSENT: None STAFF PRESENT: Bowers, Siders, Bowlin Also present were Wayne P. Engle, President of E & S Electrical Contractors, Cedar Rapids, Iowa, and his attorney, Mr. Bill Neppel. Chairperson dynes called the meeting to order and stated that the purpose of the meeting was to hear the appeal of E & S Electrical Contractors regarding the assessment by Mr. Paul Bowers of a triple permit fee on their job at A.C.T. in Iowa City. Mr. dynes referred to a memo dated January 4, 1979 to Mike f,ucharzak from Glenn Siders stating the City's position regarding the appeal. Mr. Engle then distributed copies of a memo addressed to the Iowa City Electrical Board of Appeals dated 2/5/79. There followed a dis- cussion about a discrepancy between the two memos. Mr. Bowers then stated that there was an error in tor. Sider's memo and that he had not actually talked to Mr. Engle in June of 1978 when he visited the A.C.T. job -site. His conversation had been with Mr. Larry Swann, the E & S superintendent on the job, who called and left word with the office personnel. Mr. Engle stated that he never received the message. Mr. Siders asked Mr. Engle what was actually being appealed. Mr. Engle stated that it was the assessment of the triple fee. Siders explained that the Electrical Board cannot hear an appeal on fees. Mr. Neppel explained that they are basing their appeal on Ordinance 877-2862 which was in effect at the time the work was started. Mr. Bowlin stated that he felt the Board could make a determination on which ordinance should be enforced. Ile stated that the 1978 National Electrical Code was adopted by Ordinance 878-2884 on March 20, 1978. A lengthy discussion followed. Mr. Neppel summarized by stating that ordinance 877-2862 is the appropriate ordinance to enforce in this case. Mr. Bowlin stated that the City's position is that the fee schedule in effect at the time you apply for a permit is what you pay. The Ordinance in effect on December 19, 1978 when the permit was obtained is 878-2884. Chairperson Hynes asked for comments from the Board. Mr. Turner stated that he felt Ordinance 811-2862 should apply. Mr. Flannery noted that quite a bit of time had elapsed without a permit. Mr. Eyman felt that safety should be the first concern but fie also felt that 877-2862 should apply. Mr. Eyman then moved that the Board revoke the decision of the Electrical Inspector to apply Ordinance 878-2884 and resolution 878-393 when he set the fees for the electrical permit for A.C.T. Turner seconded the motion and the vote was 2 - 1 in favor of the motion with Mr. Hynes abstaining. The motion passed with a majority. Mr. Eimen then made a motion to clarify the previous motion by adding that Ordinance 877-2862 should apply governing this permit. Mr. Turner seconded. The motion passed with a 2 - 1 vote. Mr. Siders noted that the fees are included in the ordinance and that a new permit should be obtained within a week or two. The meeting adjourned. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 1 I_. U City Of Iowa Cl / MEMORANDUM Date: July 19, 1979 To: City Council (�u� From: Bob Bowlin, Assistant City Attorney 1 1` Re: Appeal of Actions of City Boards and Commissions QUESTION PRESENTED How can the City take action against the decisions and rulings of the various City boards and commissions? CONCLUSION The answer to this question depends upon the specific board or commission involved. In general, the City would have 30 days to take action from a specific ruling. DISCUSSION At the outset it is necessary to distinguish the several types of boards and commissions. The first of these is the purely advisory board or commission; the Parks and Recreation Commission is an example. While its advice is sought on major policy decisions concerning park and recreation programs, it does not have the authority to hear contested cases. This is because the Parks and Recreation Department does not have enforcement responsibilities in the same way that, for example, the Department of Housing and Inspection Services has. Another type of board or commission is the semiautonomous board or commission. The two examples that we have in Iowa City are the -Iowa City Airport Commission and the Iowa City Library Board of Trustees. The Iowa City Airport Commission operates under a statutory grant of authority, Chapter 330, The Code. The powers and the duties of the Airport Commission are spelled out by state law. Within its area of responsibility, the commission is independent of the Council's authority. Howeverl the Council has substantial control of the financial aspects of the commission. The Iowa City Library Board of Trustees operates under the authority of Chapter 20 of the Code of Ordinances of the City of Iowa City. Within budgetary limitations, it has the authority to control and supervise the public library, employ a librarian, etc. It should be noted that neither the Airport Commission nor the Library Board has authority to hear contested cases. Again, this is because neither body has enforcement responsibilities delegated to it. If the City Council felt that either body was acting contrary to its enabling legislation, it could of course take legal action in the District Court to remedy the situation. However, there will not be decisions in contested cases from these two bodies that would need to be appealed in any sense. II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11DINES /�',F 7 Another type of body that we need to discuss are ,those that have some enforcement responsibility. The bodies that come to mind in this regard are the Board of Appeals, the Housing Board of Appeals, the Plumbing Board of Appeals, the Electrical Board of Appeals, the Board of Adjustment, the Civil Service Commission, and the Human Relations Commission. With regard to the Human Relations Commission, even though it has the power to hold hearings in contested casesyet I would think there would normally be relatively little that the City would choose to appeal from. For example, the Human Relations Commission in hearing a contested case would normally be adjudicating a dispute between two private citizens. By a finding of probable cause, the City staff would, of course, have taken a position in favor of or siding with the person claiming to have been discriminated against. However, in general, the real party in interest will not be the City but the person claiming to have been discriminated against. Thus, that person would no doubt exercise a substantial amount of control over any decision to appeal from a ruling of the Iowa City Human Relations Commission. I believe that the boards and commissions that the Council is most interested in are those that have the authority to hold hearings on contested cases, when the City may appear before the board as a party. Those boards and when are essentially the Housing Board of Appeals, the Board of Appeals, the Plumbing Board, the Electrical Board, the Board of Adjustment, the Fire and Police Boards of Trustees, and the Civil Service Commission. Let us consider each of these boards separately. The Board of Appeals, the Housing Board of Appeals, the Plumbing Board of Appeals, and the Electrical Board of Appeals can be grouped together for the reason that appeal rights from the decisions of those boards are controlled by the Iowa City administrative procedure code. That ordinance is codified as Chapter 2, Article IX in the Code of Ordinances of Iowa City, sections 2-180 through 2-192. Section 2-187 states as follows: the therefrom inoany court o hearing, ompetent including jurisdithe ction, as provided bseek y the laws of this state. Basically this means that, absent any statutory right to appeal, the City's method of procedure against a decision of one of these four boards would be to ask for a writ of certiorari in the district court. In effect, this procedure requires the board whose decision is being reviewed to certify the record of its decision to the district court, and the district court then d according reviews t are to law, or to see if the decision of the board ishe rocedins of the brd to see fs supported by substantial evidence. The Rules of Civil Procedure govern certiorari actions, and the City would have 30 days from the date of any decision by one of these four boards to make its application for writ of certiorari. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES b10IIIES The Board of Adjustment operates 414.15 provides as follows: 3 under Chapter 414, The Code. Section Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment under the provisions of this chapter, or any taxpayer, or other officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that illegal, in whole or in part, specifying such decision is the such of the il- legality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board. Thus we can see that the procedure for certiorari for the Board of Adjustment is similar to the four boards mentioned previously. The procedure, however, is expressly set forth in the state statutes because the board itself is created by state statute, and not by municipal ordinance. With regard to the Police and Fire Boards of Trustees, Chapter 411, The Code, is the controlling statute. The statute does not speak to any formal appeal procedures from the decisions of these two boards. However, I believe that if the -City were dissatisfied with a decision of either the Police or Fire Board, the general certiorari provisions would allow for applications for a writ of certiorari to the district court within 30 days of the decision. The Civil Service Commission operates under a grant of statutory authority found in Chapter 400, The Code. Chapter 400.27 provides in part as follows: The city or any civil service employee shall have a right to appeal to the district court from the final ruling or decision of the civil service commission. The appeal shall be taken within 30 days from the filing of the formal decision of the commission. The district court of the county in which the city is located shall have full jurisdiction of the appeal and the said appeal shall be a trial de novo as an equitable action in the district court. This appeal procedure is substantially different from the others dis- cussed earlier because the statute specifically provides for a trial de novo. This means that the evidence is heard all over again in the district court as if the original hearing had not occured. In an application for a writ of certiorari, the record below is certified to the district court, and the court makes its decision after looking at the record below. The district court, in its discretion, may take additional evidence but it need not do so. Essentially, as I stated, this is a process of reviewing what the board or commission has done and deciding whether or not that was appropriate. It seems to me that the Planning and Zoning Commission is essentially an advisory body. Under our ordinances it does have the authority in a IV-' - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 a r limited number of cases to influence the necessary majority of the Council required to override its actions. However, in general, its authority is advisory only and the Council may override its actions. It should be noted, so that there is no question about this matter, that there is no right to appeal the decision of any board or commission to the City Council. I realize that this memo has presented only a brief overview. As you can readily see, there are nuances and shadings that vary from board to board. If you desire more detailed information concerning a particular board, we would be pleased to provide it. Thank you. Bob Bowlin jm/sp cc: City Manager t J City Attorney { I I � j i i II f i a , a i a i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401IIES united Action for Youth Monthly Report May, 1979 Outreach In May there was an increase in both the number of youth served and the total contacts made. There was a significant increase in contacts with school Officials as well swith youth Although th s increasecould beexpectedastheschoolnd clients. ar it was still somewhat greater than anticipated. Pat has beennded, doing a very good job in the schools and Larry has been able to close out on transfer much of his work in preparation for leaving in June. The extremely good weather obviously contributed to the nearly 200% increase in contacts at youth hang-outs. It appears that this month!s efforts to mala a transition to sumaer (non -school) outreach will be helped by having spent a lot of time with clients outside of the school setting. The outreach aides worked with several difficult situations. Ethan,s effective crisis counseling resulted in a client returning a substantial amount of stolen school property. Theresa also did well working with two young persons returning to the community from institutions. Craig Engel s activity was directed mostly at the end -of -school activities at West High. Craig has resigned effective June 1 to take a well -paying full-time summer job.' He will be replaced this fall when school reopens. Synthesis The number of students involved in the workshop remained about the same this month. The number served seems to be near the maximum that the current staff can work with effectively,. The addition of Chuck Hollister in the sound studio has really gotten things moving. The studio has been used to a much greater extent since his involvement began mid-May, Also Chuck is contracting with several studYents to provide guitar lessons. Most of the mini -workshops were concluded by the end of May. A broken camera cable caused delays in several projects until late May. This has affected the production schedule for the Vandalism Prevention tape, The final tape should be complete by mid-July barring any further equipment breakdowns. The disco benefit was attended by over 100 students and raised $200 to pay for the color video monitor. Peter Otto also provided another full day of consultation, Most of his efforts this time focused on improving the organization of the sound studio including developing a maintenance schedule for the equipment, .r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'IOIDES Page 2 UAY Monthly Report May, 1979 Polly Arp and I are taking a close look at the evaluation process and will probably make some major changes in what is completed. The changes will reflect more realistic expectations of what is possible within the limited resources allocated for evaluation. UAY Both of the IDSA grants were denied because of a lack of sufficient funds. Both had been recommended for approval contingent on the ligislature appropriating prevention funds through the bottle tax bill. The provision for funds was removed the last day of the legislature resulting in a cutback for prevention. IDSA thus did not approve any new programs, Despite this setback, the S.A. commission expressed a great deal of support for both programs and encouraged UAY to resubmit the proposals when prevention funds become available. The LEAA outreach grant was approved by EIACC. They denied the Synthesis grant. however, which will he appealed to the full Iowa Crime Commission. Chances for a successful appeal appear grant. The state juvenile justice specialist has cited Synthesis as an exemplary prevention program. June will be a time of transition with a changeover in staff and board officers. It will be a welcome break from the hectic school year schedule. May Statistics Outreach Youth served 80 (41 county) Referrals in Referrals out Crisis intervention Drug seminars Total contacts 1300 r.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIES Synthesis Phase I 24 Phase II 12 Phase III 4 Mini -workshops 4 (40 partici- pants) Referrals in 3 Projects completed 4 � �y0 SENDER: Comptek Rema I, 2, and 1. -Add Yaur addrtvin the "RETURN TO"rpacad�_, jf �' I. The followinf: service is requested (eherk'one). r--'� Show to whom date delivered.:...,....__¢'' I ' = Show to whom; date; and address of delive RESTRICTEDDELIVERY delivery.. Show to whom and date delivered .......... �Q. RESTRICTED DELIVERS', i Show to whom, date, and address of delisery.S__ (CONSULT POSTMASTER FOR FEES) 2.' ARTICLE ADDRESSED TO: ' levehh5AF as '1� 1{f�)TsJyv/f 3..ARTICLE DESCRIPTION:..:._ REGISTERED NO: I CERTIFIED NO l INSURED NO. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011JES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MONIES 0 SLNDER: Complete items 1. 2. and 3. Add your add. in the "RETURN TO" space reverse. 1: The ft,nowing service is resluested (check one). •Q Show to whom and dale delivered... . _{ .... Show. to whom, date, and address of delivery.._{ 'RESTRICTED DELIVERY :-Show to whom and dale delivered. I,:.:SS7i{ RESTRICTED DELIVERY. Show to whom, date, and address of delivery (CONSDLT POSTAfASTER FOR FEES) 2. ARTICLE ADDRESSED TO:' mor f% caro •m� ire5l� re� 0&CjsLj*es?ej S_ �fiWr�R�Y9R s� 3. ARTICLE.. DESCRIPTION`, REGISTERED; NO CERTIiIED NO r INSURED NO r' :._.s ;. IAlwan Obtain tgrturs of addmra ar aatml I have received the articledescribed "abovr': 'SIGNATURE' ddressee s ❑`Ao d agent " a DATE OF DE/LIVE TO ARK VV ✓�. S ADDRESS. (Complete anly iI nneulad) s .6 UNABLE TD DELIVER.lEGUSE NITIALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES TIO RIES MICROFILMED BY JORM MICROLAB CEDAR RAPIOS.DES :f0111E5 JULY ilEWSLETTER 1979 for Lower Ralston Creek Neighborhood STATUS OF SMALL CITIES PROJECT Last month we reported that the Small Cities application had been submitted to HUD and that we are now awaiting final approval. In the interim, staff has beer involved in the preparation of an environmental review of the project and in planning fc�- the relocation of residents and businesses to be displaced by the project. The environmental review is scheduled to be completed during September, 1979, at which time the City will request HUD to release funds for the project. Relocation planning will be carried out to establish policies and procedures for relocation of residents and businesses being displaced by the project. The relocation plan must be completed and approved by the City Council prior to any property acquisition. (For a more complete description of relocation planning see the article below.) PROJECT RELOCATION PLANNING Iowa City's Small Cities Project will result in the displacement of sixteen households and six businesses (based upon current information) from the immediate project area. Because the project is federally funded, Iowa City must follow the policies and procedures estab- lished by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act) in providing relocation assistance to those displaced. The purpose of the Uniform Act is to minimize hardships caused by displacement and to ensure fair and equitable treatment for all displaced persons. It is the goal of the City of Iowa City to see that its relocation program is carried out in the manner mandated by the Uniform Act. In general, Iowa City will provide relocation payments and assistance to those households and businesses displaced by the Small Cities Project. Residents who own and live in homes to be acquired for the project may receive up to $15,000, in addition to the price of their home, for assistance in securing replacement housing. Renters displaced by the project may be paid as much as $4,000 in rental assistance payments or as downpayment assistance on a home purchase. Displaced residents will also receive actual moving expenses. Relocation opportunities will be provided through a number of possible alternatives. As part of the Small Cities Project a site will be provided at Harrison and Linn Streets for construction of federally subsidized low income housing. Federally subsidized rental assistance (Section 8) will be available to those who qualify. Other possible alternatives include the acquisition and rehabilitation of substandard housing units with program funds and the moving of one or more homes scheduled for demolition due to the project to other available sites. Businesses will be compensated for actual moving expenses and other costs related to relocating. In addition to financial assistance, residents and businesses will be provided with substantial personal assistance in relocating. In order to facilitate its relocation program, the City of Iowa City ,will prepare a relocation plan based upon the needs of the residents and businesses to be displaced and upon the availability of comparable sales and rental housing and of comparable commercial properties and locations. Staff members of the Department of Planning and Program Develop- ment will conduct personal interviews with all persons eligible for relocation assistance in order to obtain information necessary for relocation planning. Staff will also prepare and maintain a listing of available replacement housing and commercial properties. City of Iowa City, 410 East Washington 354-1800 Mike Flaherty, Small Cities Project Coordinator, ext. 324 Bruce Knight, Small Cities Citizen Participation Coordinator, ext. 317 ,ncaonua,o n JORM MICROLAB In any case, the relocation ogram will be administered in . .niform manner and on a non- discriminatory basis. All relocation payments and assistance will be provided without regard to race, color, religion, national;ty, or sex. After the relocation plan has been prepared, but prior to Council approval, a neighborhood meeting will be held to more thoroughly explain relocation benefits and requirements and to receive input from those to be displaced. However, if you have any questions at this time feel free to contact Michael Flaherty of the Department of Planning and Program Development. CITIZEN INFO AND INPUT Information on the Small Cities Program All information concerning the Small Cities Program is available to the public in the offices of the Department of Planning and Program Development during regular office hours (8:00 A.M. to 5:00 P.M., Monday through Friday). The Planning and Program Development offices are located across the street from the Civic Center, on the second floor of the Davis building, at the corner of Gilbert and Washington Streets. In addition, information will also be available to citizens at any of the neighborhood meetings. This information will include the Citizen Participation Plan, preapplication, application, minutes from neighborhood meetings and public hearings, and any other information relating to the Small Cities Program. The Small Cities application and Citizen Participation Plan can also be found on file at the City Clerk's Office in the Civic Center, and at the Iowa City Public Library. Attention All LOWER RALSTON CREEK NEIGHBORHOOD RESIDENTS A NEIGHBORHOOD MEETING will be held on July 25,1979 at 7:30pm in the NATIONAL GUARD ARMORY 925 South Dubuque concerning PROPERTY ACQUISITION PROCEDURES The following topics will be discussed: -Property to be acquired in the Lower Ralston Creek Neighborhood -The Uniform Property Acquisition Act - Land Acquisition Procedure for the City of Iowa City - The Appraisal Process - Question &Answer Period CITY OF IOY':. Ia�T DEPT. OF CCI 'JEVELOPMENT CIVIC CENT[ s 10i1A CITY, IOWA 52240 �nceonuaED B� JORM MICROLAB oma nTZ LL S. POSTAGE PAID DWA Cny, 40WA Pmmntl AVu. 155