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S C' 4 S.�i n+rti�� ., md� :f Y f�?.' �1 rclsC r 1 '� � X;� 1��. 3'm•'',�"�' t JORM MICROLAR ROLL CALL REGULAR COUNCIL MEETING OF OCTOBER 23, 1979 7:30 P.M. PRESENT ABSENT BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA ti MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ■, L t - i ORIGINAL ORIGINAL i AGENDA COPIES COPIES CERT. OF OF COPIES CONT. INSTRUCTION OF AFTER ITEM N FILE. 4 RECR. ITEMS CONTRACT FOR ITEMS EXECUTION FINALIZATION /i. allt 'I pb) I' .�dtl. P Pp. 7d z trh�e e� n 2•s File P•J j Finace fZ�.f-,Ie j ---------� �_� i PD ; p1es 1 COUNCIL^ METING of ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES ORIGINAL ORIGINAL XEROX XEROX AGENDA COPIES COPIES CERT. OF OF COPIES CONT. INSTRUCTION OF AFTER ITEM N FILE. 4 RECR. ITEMS CONTRACT FOR ITEMS EXECUTION FINALIZATION /i. allt 'I pb) I' .�dtl. P Pp. 7d z trh�e e� n 2•s File P•J y Finace fZ�.f-,Ie j ---------� �_� PD 1 I p1es 1 •s. r, P-1 Fpa G, NL111C e �r•'e✓ - Cokt.- eleYk�Pro�(-�Id..,•� 2-P.« ?20n151T- IAD'F rvinHce_ TRq us ,T Air I DOT-- r�3, lJ�1I1I�t" �.�erKs �t. F'le ------_ - 111 /O I,� Nlee4, -ry i i 2Ps "'W's QJ 1=;)e f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 23, 1979 Iowa City Council, reg. mtg., 10/23/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Staffinembers present: Helling, Hayek, Schmeiser, Chiat, Stolfus, Karr. Council minutes tape-Wollensak on Tape 79-26, Side 1, 130-376. Day. Mayor Vevera proclaimed Wednesday, October 24th as United Nation's AIN ' , Moved by Perret, seconded by Roberts, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as presented: Approval of Official Actions, reg. Council mtg., 10/9/79, subject to correction, as recommended by City Clerk. Minutes of Boards and Commissions: Housing Comm. -10/3/79; P & Z Comm. -10/4/79 & 10/11/79; Bd. of Electrical Examiners -8/28/79, 9/14/79, 9/19/79 & 10/3/79; Airport Comm. -10/11/79; Human Rights Comm. -9/24/79. Motions: To approve disbursements in amount of $2,179,467.69 for September, 1979, recommended by the Finance Director, subject to audit. Resolutions, Book 59: RES. 79-501, p. 1303, ACCEPTING SANITARY SEWER IMPROVEMENTS IN KINGDOM SUBDIVISION. RES. 79-502, pp. 1304- 1305, ACCEPTING FY80 ASPHALT RESURFACING PROJECT, BY L. L. PELLING CO. RES. 79-503, pp. 1306-1307, ACCEPTING THE BOYRUM STREET CONNECTION WITH HIGHWAY 6 BYPASS. I Applications for the use of streets and public grounds: i Application from Lynn Sigler for poetry reading in Blackhawk Minipark on October 20, 1979, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. A public hearing was held re the amended final PAD Plan of Ty'n Cae, Parts 1 and 2. No one appeared. /997 Joe Grant, Riverside, appeared calling attention to problems workers had with payment for overtime work for the Hastings Co., who had the contract for work on Gov. Lucas Square, and requested Council look into adding provisions in contracts to protect the workers. Information has been given to the Revenue Dept, on this complaint. Mayor Vevera advised that the City Attorney would look into what Council can do and will report back. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Council Activities October 23, 1979 Page 2 Linda Manuel, 2121 S. Clinton, appeared regarding the problem of transportation of nuclear waste, and reported on the State hearing. She requested Council consider adoption of a resolution supporting IPIRG proposal to establish a permit system which would not apply to transpor- / P9 tation of medical or defense materials, but just waste; in an attempt to influence IDOT & DEQ. Manuel was requested to provide a proposed resolution for Council Is study, to be distributed with 10/26 packet. Mayor Vevera announced three vacancies on the Riverfront Comm. for 2n60 three year terms expiring 12/1/82, agenda previously corrected to read that appointments will be made on December 4. Moved by deProsse, seconded by Perret, to appoint Nina Hamilton, 1173 East Court Street, to an unexpired term on the United Action for Youth Q2OD/ Bd., term expiring June 30, 1980. Motion carried unanimously, 7/0. Vacancies on the Bd. of Adjustment and the Bd. of Appeals will be re- advertised. Council discussed requirement in Housing Code which required a light switch by the door. Staff to report on number of violations in this area. Concerning porch railings, it was suggested that 36" height for first C2 00_ floor installation was appropriate for existing construction. There were no objections. Helling was requested to convey to Kucharzak that Council would like the Housing Inspectors to tell them if there are any other regulations which should be changed. Acting the R. H. DavislSubdsthaddb been received,at the sr waivinthe o o considerationiof denial was not to be added to the agenda. City Atty. Hayek called attention to ruling by Dist. Court re Oakes Meadow Addn., sustaining the City's position that Council had the authority to refuse the subdivision2 005 because of insufficient access proposed, It also dealt with the division df property in three or more parts without filing a subdivision plat, advising that even though the process had taken place over a period of several years, Council could require the filing of a subdivision plat. Regarding the material on the second Amerex lawsuit, Hayek presented the QQOZ brief as filed, with a chronology, so that Council would get an idea of the work that goes into a case. Moved by Balmer, seconded by Roberts, to adopt RES. 79-504, Bk. 59, AGREEMENT WITHZING METRO HE MAYOR PAVERS, TINCIG TON EXTENDAD THECITHECLAWARDO DATEATTESTFOAN R 260 7 CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Roberts, seconded by Perret, to adopt RES. 79-505, Bk. 59, p. 1309, AWARDING CONTRACT FOR NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK 0O REPAIR PROJECT to Streb Construction Co., Inc, for $85,394.40. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. MICROFILMED BY JORM MICROLAB iCEDAR RANDS -DES MOVIES I i i i j f F 1 i f. j r' I� 1 I� Council Activities October 23, 1979 Page 3 Moved by Perret, seconded by Roberts, to adopt RES. 79-506, Bk. 59, p. 1310, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ;w? AGREEMENT WITH THE IOWA DEPRATMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL ASSISTANCE FOR FY80. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Erdahl, to adjourn the meeting 8:35 P.M. Motion carried unanimously, 7/0. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1 i f. h 1 i f i i Council Activities October 23, 1979 Page 3 Moved by Perret, seconded by Roberts, to adopt RES. 79-506, Bk. 59, p. 1310, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ;w? AGREEMENT WITH THE IOWA DEPRATMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL ASSISTANCE FOR FY80. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Erdahl, to adjourn the meeting 8:35 P.M. Motion carried unanimously, 7/0. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 0 1 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 23, 1979 Iowa City Council, reg. mtg., 10/23/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Staffinembers present: Helling, Hayek, Schmeiser, Chiat, Stolfus, Karr. Council minutes tape-Wollensak on Tape 79-26, Side 1, 130-376. Day. Mayor Vevera proclaimed Wednesday, October 24th as United Nation's Moved by Perret, seconded by Roberts, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as presented: Approval of Official Actions, reg. Council mtg., 10/9/79, subject to correction, as recommended by City Clerk. Minutes of Boards and Commissions: Housing Comm. -10/3/79; P & Z Comm. -10/4/79 & 10/11/79; Bd. of Electrical Examiners -8/28/79, 9/14/79, 9/19/79 & 10/3/79; Airport Comm. -10/11/79; Human Rights Comm. -9/24/79. `J Motions: To approve disbursements in amount of $2,179,467.69 for September, 1979, recommended by the Finance Director, subject to audit. Resolutions, Book 59: RES. 79-501, p. 1303, ACCEPTING SANITARY SEWER IMPROVEMENTS IN KINGDOM SUBDIVISION. RES. 79-502, pp. 1304- 1305, ACCEPTING FY80 ASPHALT RESURFACING PROJECT, BY L. L. PELLING j CO. RES. 79-503, pp. 1306-1307, ACCEPTING THE BOYRUM STREET iCONNECTION WITH HIGHWAY 6 BYPASS. Applications for the use of streets and g i public rounds: Application from Lynn Sigler for poetry reading in Blackhawk iMinipark on October 20, 1979, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. A public hearing was held re the amended final PAD Plan of Ty'n Cae, Parts 1 and 2. No one appeared. Joe Grant, Riverside, appeared calling attention to problems workers had with payment for overtime work for the Hastings Co., who had the contract for work on Gov. Lucas Square, and requested Council look into adding provisions in contracts to protect the workers. Information has F been given to the Revenue Dept. on this complaint. Mayor Vevera advised I` that the City Attorney would look into what Council can do and will report J back. MICROFILMED BY JORM MICROLAB iCEDAR RAPIDS -DES 140 RIES Council Activities October 23, 1979 1 Page 2 Linda Manuel, 212h S. Clinton, appeared regarding the problem of transportation of nuclear waste, and reported on the State hearing. She requested Council consider adoption of a resolution supporting IPIRG proposal to establish a permit system which would not apply to transpor- tation of medical or defense materials, but just waste; in an attempt to influence IDOT & DEQ. Manuel was requested to provide a proposed resolution for Council's study, to be distributed with 10/26 packet. Mayor Vevera announced three vacancies on the Riverfront Comm. for three year terms expiring 12/1/82, agenda previously corrected to read that appointments will be made on December 4. Moved by deProsse, seconded by Perret, to appoint Nina Hamilton, 1173 East Court Street, to an unexpired term on the United Action for Youth Bd., term expiring June 30, 1980. Motion carried unanimously, 7/0. Vacancies on the Bd. of Adjustment and the Bd. of Appeals will be re - advertised. Council discussed requirement in Housing Code which required a light switch by the door. Staff to report on number of violations in this area. Concerning porch railings, it was suggested that 36" height for first floor installation was appropriate for existing construction. There were no objections. Helling was requested to convey to Kucharzak that Council would like the Housing Inspectors to tell them if there are any other regulations which should be changed. Acting City Mgr. Helling stated that the letter waiving the time limit for the R. H. Davis Subd. had been received, so consideration of denial was not to be added to the agenda. City Atty. Hayek called attention to ruling by Dist. Court re Oakes Meadow Addn., sustaining the City's position that Council had the authority to refuse the subdivision because of insufficient access proposed. It also dealt with the division of property in three or more parts without filing a subdivision plat, advising that even though the process had taken place over a period of several years, Council could require the filing of a subdivision plat. Regarding the material on the second Amerex lawsuit, Hayek presented the brief as filed, with a chronology, so that Council would get an idea of the work that goes into a case. Moved by Balmer, seconded by Roberts, to adopt RES. 79-504, Bk. 59, p. 1308, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH METRO PAVERS, INC. TO EXTEND THE AWARD DATE FOR CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Roberts, seconded by Perret, to adopt RES. 79-505, Bk. 59, p. 1309, AWARDING CONTRACT FOR NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK REPAIR PROJECT to Streb Construction Co., Inc. for $85,394.40. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Council Activities t October 23, 1979 Page 3 i Moved by Perret, seconded by Roberts, to adopt RES. 79-506, Bk. 59, i P. 1310, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPRATMENT OF TRANSPORTATION TO PROVIDE TRANSIT CAPITAL ASSISTANCE FOR FY80. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. i Moved by Balmer, seconded by Erdahl, to adjourn the meeting 8:35 P. M. ously, 7/O, Motion carried unanim r ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, C Y CLERK re MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ty of Iowa City, MEMORANDUM DATE: October 19, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from City Manager to Assistant to President Carter regarding i SMSA status. Letter from United Way regarding attendance at joint budget hearings. CDBG progress report. t Copy of memo to Housing Board of Appeals members from City Manager in reply to their letter on the agenda.requesting Council interpretation of a provision of the Housing Code relating to storm doors and windows. Correspondence with Kenneth and Raija Starck from the Department of Housing and Inspection Services. Memorandum from Director of Public Works regarding building sites on Grant Court right-of-way and 5th Avenue right-of-way. Memorandum from Johnson County Regional Planning Commission regarding agency summaries for next week's hearings. Newsletter for Lower Ralston Creek Neighborhood, October 1979. i i I i I FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES ■'. I 7 � r i t I i I � 1 I , COUNCIL MEETING OF 0P,"ti45. /9q'? ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL ORIC,INAL XEROX XEROX COPIES COPIES COPIES CONT. INSTRUCTION AGENDA CERT. OF OF OF AFTER FOR ITEM N FILE R RECR. ITEMS CONTRACT ITEMS EXECUTION FINALIZATION 3cr9 Sc✓ �n{�t� P.c)• i p.PO. 3602 " e les Fie✓ SC�Z A�iee-f'I�' -- 2s.f-Jet 3R3 J�r3— �o-cLoa PL), ' fZes. r, le I t Soy �es AA --4.. P. /1)./ pyoJ. PP 4 Fvl�vice ✓ RRes. F,9 e ✓ a-�e✓ — Cokt.- C�ev�c��,.oJFclde.r� - a-Aw. � � ,� o G (2P�. M�t� �Q � Ros. F, i e ✓ T2AAJSIT- IA�7 ' Fr�aHeg ✓ TR.a us ,T / /0. A j'r, 1 DoT' C lerKs C,,;,t. 1, te Copq I- Nlee-4, wq / Nes. hrIe }nY-oj P.W. / Mei'ap / )51�thse/ C19,gc'sco-J. rle' a-P.ci.� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i t I i I � 1 I , COUNCIL MEETING OF 0P,"ti45. /9q'? ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL ORIC,INAL XEROX XEROX COPIES COPIES COPIES CONT. INSTRUCTION AGENDA CERT. OF OF OF AFTER FOR ITEM N FILE R RECR. ITEMS CONTRACT ITEMS EXECUTION FINALIZATION 3cr9 Sc✓ �n{�t� P.c)• i p.PO. 3602 " e les Fie✓ SC�Z A�iee-f'I�' -- 2s.f-Jet 3R3 J�r3— �o-cLoa PL), ' fZes. r, le I t Soy �es AA --4.. P. /1)./ pyoJ. PP 4 Fvl�vice ✓ RRes. F,9 e ✓ a-�e✓ — Cokt.- C�ev�c��,.oJFclde.r� - a-Aw. � � ,� o G (2P�. M�t� �Q � Ros. F, i e ✓ T2AAJSIT- IA�7 ' Fr�aHeg ✓ TR.a us ,T / /0. A j'r, 1 DoT' C lerKs C,,;,t. 1, te Copq I- Nlee-4, wq / Nes. hrIe }nY-oj P.W. / Mei'ap / )51�thse/ C19,gc'sco-J. rle' a-P.ci.� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r"o`? Ij IOWA CITY CITY COUNCIL AGENDA e I i f t I i : f i REGULAR COUNCIL MEUING OF OCMBER 23, 1979 � 7:30 P.M. COUNCIL CIWtMERS, CIVIC CENTER 4.10 EAST WASIIINOTOEI f } i i 1 i `I �I • t i RICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 1"1 AGENDA REGULAR COUNCIL MEETING OCTOBER 23, 1979 Item No. 1 - MEETING TO ORDER. 444ya4 Ve TYl0. ROLL CALL. AllPV-e4.P.J_- i^1„_(Llrllewsar S,4ad,/30-376 Item No. 2 - MAYOR'S PROCLAMATIONS. a. United Nation's Day, October 24, 1979. Item No. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Actions of regular Council meeting of October 9, 1979, subject to correction, as recd mlended by the City Clerk. b. Minutes of Boards and Commissions. (1) Housing Ceamission meeting of October 3, 1979. (2) Planning and Zoning CiO mission meeting of October 4, 1979. (3) Planning and Zoning Commission meeting of October 11, 1979. (4) Board of Electrical Examiners and Appeals meeting of August 28, 1979. (5) Board of Electrical Examiners and Appeals meeting of September 14, 1979. (6) Board of Electrical Examiners and Appeals meeting of September 19, 1979. (7) Board of Electrical Examiners and Appeals meeting of October 3, 1979. (8) Airport Commission meeting of October 11, 1979. (9) Human Rights Commission meeting of September 24, 1979. C. Motions. (1) Motion to approve disbursements in the amount of $2,179,467.69 for the period of September 1 through September 30, 1979, as recamlended by the Finance Director, Subject to audit. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110HIES Agenda Regular Council Meeting September 25, 1979 7:30 P.M. Page 2 3, d. Resolutions. (1) Consider resolution accepting sanitary sewer inQrovelents rig - 5b I in Kingdon Subdivision. Comment: See attached Engineer's Report. (2) Consider resolution accepting FY80 Asphalt Resurfacing Project. Comment: See attached Engineer's Report. (3) Consider resolution accepting the Boyrun Street connection with Highway 6 Bypass. Comment: See attached Engineer's Report. e. Applications for the use of streets and public grounds. (1) Application from Lynn Sigler for the use of Blackhawk Minipark for poetry writing on October 20, 1979. (approved) V olL �ltiP-6� ��n..i�i-Ja� w�-1 rI/O END OF OONSENr CALENDAR. Item No. 4 - PLANNING AND ZONING MATTERS. a. Public hearing on the amended final PAD Plan at Ty'n Cae, Parts 1 and 2. 5-7921. Comment: The Planning and Zoning Commission, at a regular meeting held September 20, 1979, recommended by 5-0 vote approval of the subject development located east of Mormon Trek Blvd. and north of the City limits contingent upon the legal papers being revised. This recommendation is consistent with the staff's recommendation presented in the staff report dated September 4, 1979, which was attached to the Council agenda of October 2, 1979. The proposed amendments include minor changes in building location within Lot 90 which is located north of Cae Drive. Action: 1 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 190RIES M, Agenda Regular Council Meeting September 25, 1979 7:30 P.M. Page 3 Item No, 5 - PUBLIC DISCUSSION. T6. 12^^ was l - Y: 2 0-F 4 h..2 IIP: — XI „ap 1I '_'I IA�I+JP�'SI I0. �iNlt/II/JIG/k � GOJ fiti_wpay—ApPVcP , ie <\v it .lir s QaK f �fT InV1 'd hOL -1 10 (D 1yr pvivnz c aal nAy u r Item No. 6 - ANNOU[JCEMEW OF vACANcim. a. Riverfront Commission - Three vacancies for three year terms expiring December 1, 1982. [Terms of Jack Neuzil (Johnson County representative), Sam Fahr and Bernardine Knight, expiring]. These appointments will be made at the November 27, 1979 meeting of the City Council. Action: Item No. 7 - CITY ODUNCIL APPOINTMENTS, a. Consider an appointment to the United Action for Youth Board p for tem expiring June 30, 1980. Action: / 6ati A%� ij,,, :14-.� /4 -Q -P ta� 7/0 b. Consider an appointment to the Board of Adjustment to fill nn an unexpired term ending January 1, 1984. eAction: C. Consider an appointment to the Board of Appeals to fill an unexpired Mens (ending December 31, 1980. Action: l 1/, n,c L._.�...q ug MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a r. a . /ry j lei I 1�u ,771-'- eL Gi.�._a,p�. L� Xn • "�-rj(R GCI-�2' �vLctl-c�i-"h 1 • �_!—� Lim J z.LI , cu �-v Qu1 haw / �� P"4Q• i I k�_>L �J c,,�,,�z✓ i6 �, � Llvt�fa-G-�/l� klCL�r✓y /(�,Lyy.v,.a� b`��i,'-7�e� 1"e do p MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES m ,, J: Co f Ka --Q _� l N Ost /(/l G�YL�LGr✓ , o� / 2 �2 d _ CX. , //,it-,,�2�J �p/QQ�./�GiavL,A 1v-�T'- � 7�uy (�C�e�■.iL/ cd-s�u _ //�(�/q-�/�D a _1.�.� a..� or .._Q.w,� v� r[�-.�p.a--�i or�'•r p lr^(J�/��y'.Vvwvrn;.q All L0 det_nr_�,e to (_u-� ZPG/ZS J p Co 9N — 7 00-T MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES e MICROFILMED BY { JORM MICROLAB r' CEDAR RAPIDS -DES td0I11E5 i Agenda Regular Council Meeting Septenber 25, 1979 7:30 P.i4. Page 4 r I Item No. 8 - CITY COUNCIL INFORMATION. t I • � (.i4-� Q. 7 ztt 1 j lv 1,14 �QD cL�Q -baa �� Item No. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEy. i a. City Manager. /,lA/a ID 1,/ SSS/ b. City Attorney. 3y3 i v Iter No. 10- CONSIDER RESOLUTION APPROVING AGREEVEW WITH METRO PAVERS FOR 26) _ SOUTH GILBERT STREET PROJECT. -}o Ex ie"a Comment: This agreement provides for a rejection or acceptance of the contract for the project by January 1, 1980. This agreement was developed to accommodate more time for right-of-way acquisition. Staff recommends approval. Within the next several weeks the staff expects to have a omplete report on right-of-way acquisition available for the City Council. 17 Action: 9, . / /Y.u). A^ / . , n _ I FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES a 6 J, I� a _. +u t�i n ecc- V/ cQac✓t t wu« cr c «d L� .<; I� (J GtYe--wQ.dULD •-�it-o--u.��up .n /� �•'-�w7' c-•C.c. &-(o Vv ALLn (DL )TT p ilL4 ane • i� a , e llrC�e%LvLe%�:Gt2 / G" .t Jt� Let, pu�..�,�--arc.! oe MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Agenda Regular Council Meeting September 25, 1979 7:30 P.M. Page 5 Item No. 11 - CONSIDER RESOLUTION AWARDING CONTRACT FOR NEIGMRE1OOD SITE S- IMPROVEMENTS - SIDEWALK REPAIR PROGRAM. -to Sit b 0sT. Comment: Bids will be opened on October 23, 1979. Staff will provide a tabulation and reomnendation for the project at the formal Council /meeting on nthat- date. Action: Item No. 12 - CONSIDER RESOLUTION AUTHORIZING TETE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGP 044 WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION TD PROVIDE TRANSIT CAPITAL ASSISTANCE FOR FY80. Comment: This resolution authorizes the City to enter into an agreement with the State which will result in capital assistance in the amount of $2,029.00 to complete the 108 State share of the cost of three new buses. State funds carried aver from previous years make up the em remainder of the State's participation. GamAction: .' Q6 t 1 n u t 7 /O Item No. 13 - AWOURN HENT. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I i L 0 - RE9 �u laa CouNci L I"1'IEEfIN9 7130 'P9.E.QSE Si9N IN: NamE: dd ess: 1. 3. 9. s c. x 8. 9, 3. MICROFIL14ED BY JORM MICROLAE CEDAR RAPIDS•DES MOIRES k c I t ' 1 0 - RE9 �u laa CouNci L I"1'IEEfIN9 7130 'P9.E.QSE Si9N IN: NamE: dd ess: 1. 3. 9. s c. x 8. 9, 3. MICROFIL14ED BY JORM MICROLAE CEDAR RAPIDS•DES MOIRES .1 CITY OF I CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY, IOWA 52240 (319) 354.180) PROCLAMATION WHEREAS, each year, on October 24, Americans join with the people of the world in celebrating United Nations Day, commemo- rating the founding of the United Nations in 1945, and WHEREAS, on this occasion we reaffirm our commitment to the princi- ples on which the UN was founded: international peace and security, respect for human rights, and the promotion of social and economic cooperation between nations, and WHEREAS, all nations must work together if solutions to problems such as the arms race, nuclear proliferation, the inter- national economic order, energy, use of the seas, and environ- mental protection are to be found, and { WHEREAS, the continued support of the American people for the United { Nations can advance constructive goals that will benefit both the United States and the world, i NOW, THEREFORE, I, RobeAt A. VeveAa, Mayon. 06 the City o6 lova City, ioua, do heAeby phoda.fm Wedneaday, Oc.tobeA 24, 1979, a6 UNITED NATIONS DAY and caU upon .the citizen 06 Toga City .to ob6ehve that day in .the &piAU 06 common pu4po6e exp)twed .in .UIe United Nati.on6 Chatteh. in Aeeognitlon o6 United Nations Day and .the InteAnationaZ Yeah o6 .the Chitd, the United Nation 6Cag viLU be 6Colot OetobeA 22 through OatobeA 26, 1979. d� I I Signed .in Iowa City, Iona, .thio 23Ad day 06 Octoba 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MCIREs INFORMAL COUNCIL DISCUSSION OCTOBER 8, 1979 INFORMAL COUNCIL DISCUSSION: October 8, 1979, 1:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Absent: None STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Others ,resent for certain discussions, as noted. TAPE-RECORDED: Reel N79-27, Side 1, 1-1030. APPLICATIONS TO PLANNING AND ZONING COMMISSION Schmeiser present. 1-50 Schmeiser called attention to the agreement with Strub to permit construction of a facade on old Roshek's Bldg. which will overhang sidewalk on Clinton for 3', noting that they will not be permitted to put a sign on it. Staff will check with legal re insurance. AGENDA -COUNCIL BUSINESS 50-330 . Balmer ca -e attention to the letter from Darling -Bender re enforcement of housing code. Berlin advised that a tour is tentatively scheduled for next Monday. Afterward, if Council wishes, the Code could be amended. The situation re house at 912,E. Davenport has been referred to Legal for guidance on how to proceed. 2., Regarding the, Neighborhood Site Improvements, Sidewalk Repair Program, staff will report on rationale used in priority list for; repair. Council.had received calls from D..Grizel. 3. There were no objections to giving three readings to tFie Ord. Dedicating a portion of Clinton St. 4. Dir. of Human Relations Dept., Pat Brown discussed the work being accomplished and procedures being developed in her department, which will necessitate the hiring of additional 3/4 time employee, for the remainder of FY80. There have been an unusual amount of vacancies'for the last two months to add to the workload. An operations manual, rules & regulations,is being developed for supervisors and employees. City Mgr. Berlin stated that he favored the additional employee, currently, but not for a permanent position. Council agreed for a position for FY80, but will re- assess this position at budget time. 5. Riverfront Comm. Chrp. Gilpin was present for discussion of the memo of understanding with the Airport Commission for construction of a boat ramp at Sturgis Ferry Park. Airport Commissioner Saueglirg reported that he did not see any problems with the memo. Council - members had no questions. 6. Distribution of employees on refuse pickup was discussed. Maintenance Worker I is beginning of the classification. 7. Neuhauser stated that she would be attending the Steering Comm. meet- ing of the Nat. League of Cities on Fri. & would miss the informal session with Zuchelli, who will discuss the prospectus for the hotel. ELECTRICAL BOARD 330-521 City Mgr. Berlin advised that because of recent news stories, he would like to bring Council up-to-date on the situation. Chrp. Hynes has made serious charges about the staff, only one specific charge MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MIRES Page 2 Informal Council mentioned was regarding denial to Hynes of an electrical permit October 8, 1979 for the Old Capitol House until the issue of conflict of interest was settled. Siders, as the responsible division head, has requested he be a part of any phone calls from the Appeal Board members. Hynes has been asked to put his complaints in writing to clarify the issues. Council agreed that the Staff should meet with the Board, to discuss the problems and possible changes in operating procedure, and Councilmembers Balmer and Erdahl will attend this meeting to observe. MELROSE AVENUE SANITARY SEWER EXTENSION Plastino, Gannon present. 521-660 the memo fromeAttySeRyanCand reviewedaers ethe memonon fromaEngr.aDietz.onto Johnson County has told Noser & Chamhers that they had to hook into city sewers. Gannon outlined on the blackboard, the positions of the manholes and gave reasons for placement. If property owners give a 15' easement, the sidewalk can be installed on this private property, to save redoing the sidewalk, saving $4200. The owners have agreed to give the ease- ments. Staff does not recommend a private sewer line along another private property to save installation of a manhole. The City is paying for 101 f no the costsforvmanhole.#2. This eproject ewill nbetdeferredtfromctheo the Ciy pikingagenda, as redoing of the plans will delay the project until next spring. EXECUTIVE SESSION 2:45 P.M. Conference Room, as posted. Taped on Reel H15, Side 1, 698- 912. Moved by Neuhauser, seconded by Roberts to adjourn to executive session as stated in Sec. 6.1.c/litigation and Sec. 9.3,/collective bargaining negotiation/strategy. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Staff present: Berlin, Stolfus, Brown, Helling, Ryan. Staff presented strategy for negotiation with the Fire Dept. and in the McLaughlin lawsuit. Moved by Erdahl, seconded by Neuhauser to adjourn to informal session, 3:10 PM, motion carried unanimously, 7/0. SPRUCE STREET STORM SEWER Plastino, Schmadeke present Two rest ents rom t e area were present. Memo with alternatives, noted. 660-1030 Three homes have flooded back yards. Schmadeke explained alternatives. Roberts suggested ;deepening the ditch (on railroad property), instead of installing pipe. Councilmembers would like to view the area before they decide, so this item will be added to the tour. Material re bus route on Denbigh Drive was distributed. Meeting adjourned, 3:50 P.M. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE', IfJRiEs MINUTES OF OFFICIAL ACTIONS OF COUNCIL - 10/9/79 The cost of publishing the following proceed- ings 8 claims is S Cumulative cost for said publication is Iowa City Council, reg. mtg."10/9/79, 7:35 P.M., at the Civic Center; Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Absent: None. Moved by ,Balmer, seconded,by Neuhauser, that the following items and recommendations in the Consent' Calendar be received, or approved and/or adopted, as presented: Approval of Official Actions, reg. Council mtg. 1, 9/25/79, subject to correction, as,recommended by City Clerk. Minutes.;of Boards and Commissions: 8d. of Adjustment -9/27/79;. Planning 3 Zoning Comm. -9/21/79; Housing Appeals Bd.-9/13/79; Civil Service, Cow. -9/17/79. Permit Resolutions,' Book 59, as recommended by' City ,Clerk: ,RES. 79-482, p. 1265, APPROVING CLASS,,C BEER -PERMIT ANDAES. 179-483,' p. .. 1266, SUNDAY SALES PERMIT FOR INLAND TRANSPORT CO.,.dba KIRKWOOD 76, 300 :Kirkwood Ave. '. Motion: To approve disbursements in amount of $1,961,087.73 for August, 1979, recommended by the Finance.Director, subject to audit." " , Correspondence: " Notice of claim from Atty. Pat White re Woodfield's and Harry Amrbose's 'claim against City; noted. Letter from Iowa Beer.and Liquor Dept. re suspension of :liquor .license Jor';Sgt.,Pepper Corp., noted. Letter; from Della Grizel re Seventh ,Ave. bus; referred to.;City'Manager for reply. Letter from..Jemes Surratt, Fuller Brush Co., ire solicitors license, .,referred to 'City Manager f6iiieply."'Darli6g-Bender letter re _ City„Code covering handrail,s,-referred to City } Manager, fo'r,' rep]y. r BEST Applications for use of streets and DOCUMENT' I ;+ ,Public grounder . Multiple Sclerosis Society to AVAILABLE;' have MS Marathon on.,10/4/,79;,approved. iWest High School for H`omecominy Parade on 10/4/79, approved ' Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret,I seconded,by IdeProsse, that ORDINANCE 79-2975, Bk. 15, pp. 135-136, AMENDING THE CODE OF ORDINANCES BY ESTABLISHING SECTION MICROFILMED BY JORM MICROLAB CHAP RAPIDS -OC`, 1f0111FS Council Activities 8.10.35.11.8.7, re two (2) facia signs on corner October 9, 1979 lots in CBS zone, be passed and adopted, Page 2 Affirmative roll .call vote unanimous, 7/0, all Councilmembers present. Brad Meyers, 840 Haggard, appeared re changes to bus routes, & requested a commission be formed to direct Transit.. He commended the Police Dept. for their quick response to accident calls. LaMar Morris, 3014 Friendship, stated that Iowa City had the best bus system in the State, & requested citizen support for it. Judy Strauss, 1129 Denbigh Drive, called attention to letter and material presented regarding but use in their area, and commented on letter from Mose. Moved by Balmer, seconded by deProsse that the letter and attached materials be received and filed. Motion carried unanimously, 7/0. City Mgr. Berlin stated that after'all citizen input had been received, possibly early November,. Councilwould be scheduled to discuss modifications to the routes. Helen Brom, 1409 Melrose Court, presented a letter of appreciation from 196 citizens, for the closing of Melrose Court, ,noting resulting benefits. Moved; by Neuhauser, seconded by deProsse, that the petition be received and filed. Motion carried'unanimously- 7/0: "Harold Shaffner, field manager for Fuller Brush, appeared requesting exemption for.their salesaan from the door-to-door license provision which requires 'posting a $1,000 bond ',for' each' pirson. After' discussion, Mayor Vevera. advised. Shaffner , that.the,majority,of the Council` was not;" intereisted 'in' waiving; the requirement.'' John;Suchomel;`,330h:S:; Lucas, called attention to' need_ for' street -lighting. in, the ",Northside', and ''agreed that, bonding provisions should.remain for.peddler!,s permits.', ": Ch -1 ;of Board . of ': Electrical Examiners & Appeals' Jim from and.read some of the material from their, yearly ,report'.' Vevera stated thit`it'the informal session Council had discussed ,the.0ie4nt situation regarding allegations against the `Staff, and had decided that the Staff should meet :with the Board,- with': two 'Councilmembers present: ' Moved. by:Neuhauser, seconded by Roberts, `that the Electrical,. Board schedule a public''..: meeting, at the earliest opportunity, with the City;; Naneger,and concerned'staffinembers and Councilmen Balmer.and Erdahl, who will convey the outcome of this meeting to the other Councilmembers. Motion carried unanimously, 7/0. MICROFILMED BY JORM MICROLAB CEDAR, AAPIDS•DE'. 'iDIRE.; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•Dr 110IBrS C=Idl Activities Public hearing, was held on the Neighborhood October 9, 1979 Site Improvements-Sidewalk� Repair Program. Page 3 s,';' Councilmembers expressed concern over inclusion of Summit St. It was the consensus of Council to delete sidewalk from Summit St. and add sidewalk in 'areas,. of Jackson, Dearborn':'Seventh Ave. & continuation of Sheridan; an4 if any additional " funds, on Summit.' Suchomel was advised that the Northside area will be surveyed next spring. An addendum to the plans and specifications will be made as discussed above. Moved by Roberts, seconded by Perret; to adopt the RES. 79-484, Bk. 59,.. pp. .126771268, APPROVING PLANS AND ,FINAL SPECIFICATIONS 'FOR NEIGHBORHOOD SITE IMPROVEMENTS AND, 'AUTHORIZE .BIDS TO 'BE; RECEIVED,October 23, 1979i` Affirmative''roll call vote unanimous, 7/0, al1'Councilmeiebers'present.'' 'J At their informal session 10/7'Council decided to change the :plans .•for'',the 1979 MELROSE AVENUE SANITARY. SEWER EXTENSION ASSESSMENT PROJECT. Moved by d@Prosse, ftconded by'Roberts; +to deter Items 7, ,B„9„6!10, as;;it'iiill binext:ipring before staff can'make the changes.' MotioW carried unanimously, 7/0.;'. Neuhauser questioned why -la. -Ill. has not started,to install underground utilities downtown. ' Berlin relayed Staff's 'frustration. Moved by Neuhauser, seconded by Perret'that a letter be written to Ia.-I11. Gas `,& . Elec. Co. noting Council's concerns and requesting a report on plans and timing for these installations. Motion carried unanimously, 7/0. deProsse called attention to a complaint she receivedthat'after truck traffic was taken off Kirkwood, the trucks were using Sycamore Street instead of the First 'Ave: Extension for access to that Area. Moved by; deProsse, seconded by Erdahl, that Public Works make some assessment of this problem and report back to Council. Motion carried; 6/1, Roberts voting 'no.' 'Moved by Balmer, seconded by deProsse, to adopt RES. 79-485, Bk. 59,'',pp. 1269-1273, ACCEPTING STORM SEWER AND PAVING IN VILLAGE GREEN SOUTH PART 2;,done by Knowling Bros:",and„Metro Pavers, Inc. "Affirmative DOCU.141 NT'. roll ,'call vote” unanimous, 7/0, all Council'members `°' presen0 AVAILABLI; Moved by Balmer, seconded by deProsse, to adopt' RES. 79-486, Bk. 59, p. 1274, ACCEPTING SUNSET STREET IMPROVEMENT 'PROJECT, done by Metro 'Inc. Pavers, Affirmative roll call vote unanimous, 7/0, all'Councilmeabers present. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•Dr 110IBrS Council October Page 4 Activities Moved by Neuhauser, seconded by Balmer, to 9, 1979 adopt RES. 79-487, Bk. 59, p. 1275, AUTHORIZING FOUR MAINTENANCE WORKER II!S AND SIX MAINTENANCE WORKER I'S .IN THE REFUSE. COLLECTION OPERATIONS ENTERPRISE FUND. Affirmative roll call vote unanimous, 7/0; all Councilmembers present. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-488, Bk. 59, p.. 1276, AMENDING THE CLASSIFICATION PLAN FOR CLASSIF,.IED PERSONNEL BY ADDING A POSITION. in the,.Human Relations Dept. ;'Affirmative roll ,`call vote unanimous, 7/0, all Councilkembers present. Moved by Neuhauser, seconded by Erdahl, to adopt RES. 79-4890 Bk. 59, pp. 1277-1278, AUTHORIZING THE INITIATION OF;,LAND ACQUISITION PROCEDURES FOR THE'LOWER RALSTON. CREEK- SMALL CITIES GRANT APPLICATION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by, Perret, seconded by deProsse, to adopt RES. .79-490, Bk. 59, pp, 1279-1280, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING WITH THE IOWA CITY. MUNICIPAL AIRPORT. ,COMMISSION FOR THE CONSTRUCTION OF A BOAT RAMP AT STURGIS FERRY PARK. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by .Barer, seconded by,Neuhauser, to adopt RES. 79-491,,Bk. 59,,pp. 1281-1285, DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT on 1979 BDI Second Addn::Impr. Construc- tion� Project,y'to ;Parkview Co.. Affirmative roll call:: vote unanlsious, 7/0; all;;':Councilmembers Present ; ..: Moved by Perret, seconded by deProsse, to iadopt, RES 79492, Bk., 59 .,ppr. 1286-1288, AUTHORIZING THE MAYOR TO SIGN.AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH CARL F. STRUB TO PERMIT THE CONSTRUCTION OF A FACADE ON.THE.STRUB BUILDING (FORMERLY, ROSHEK',S) WHICH WILL .OVERHANG THE SIDEWALK ON CLINTON STREET A MAXIMUM OF THREE FEET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Neuhauser, that the ' rule requiring that, ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be' suspended, that the first and second consideration and vote be waived, and that ORDINANCE 79-2976, Bk. 15, p. 137, DEDICATING A PORTION OF CLINTON STREET IN IOWA CITY, IOWA, be voted upon for final passage at this time. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DU, '171NES Council Activities Affirmative roll call vote unanimous, 7/0,', all October 9, 1979 Councilmembers present. Moved by Balmer, seconded Page 5 by Perret, that the Ordinance be finally adopted at this. time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded.by Neuhauser, to adjourn 9:15 P.M. Motion carried unanimously. A more complete description of . Council activities is on file in the office of,tWCity Clerk. s/ROBERT A. VEVERA, MAYOR s/ABBIE STOLFUS, CITY CLERK Submitted on 10/16/79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES L� COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES OCTOBER 9, 1979 Iowa City Council, reg. mtg. 10/9/79, 7:35 P.M., at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. Absent: None. Staffinembers present: Berlin, Helling, Cook, Kraft, Flaherty, Knight, Hencin, Mose, Stolfus, Karr. Council minutes tape-recorded on Tape 79- 24, Side 2, 685-2230. Moved by Balmer, seconded by Neuhauser, that the following items and recommendations in the Consent Calendar be received, or approved and/or adopted, as presented: Approval of Official Actions, reg. Council mtg., 9/25/79, subject to correction, as recommended by City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment -9/27/79; Planning 8 Zoning Comm. -9/21/79; Housing Appeals Bd.-9/13/79; Civil Service Comm. -9/17/79. Permit Resolutions,Book 59, as recommended by City Clerk: RES. 79-482, p. 1265, APPROVING CLASS C BEER PERMIT AND RES. 79- 483, p. 1266, SUNDAY SALES PERMIT FOR INLAND TRANSPORT CO, dba KIRKWOOD 76, 300 Kirkwood Ave. ,o 'Motion: To approve disbursements in amount of $1,961,087.73 for August, 1979,"recommended by the Finance Director, subject to audit. Correspondence: Notice of claim from Atty. Pat White re Woodfield's and Harry Amr6ose's claim against City, noted. Letter from Iowa Beer and Liquor Dept. re suspension of liquor license for Sgt. Pepper Corp., noted. Letter from Della Grizel re Seventh Ave. bus, referred to City Manager for reply., Letter from James Surratt, Fuller Brush Co., re solicitors license, referred to City Manager for reply. Darling -Bender letter re City Code covering handrails, referred to City Manager for reply. Applications for use of streets and public grounds: Multiple Sclerosis Society to have MS Marathon on 10/4/79, approved. West High School for Homecoming Parade on 10/4/79, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret, seconded by deProsse, that ORDINANCE 79-2975, Bk. 15, pp. 135-136, AMENDING THE CODE OF ORDINANCES BY ESTABLISHING SECTION 8.10.35.11.B.7, re two (2) facia signs on corner lots in CBS zone, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE, 11010Es Council Activities October 9, 1979 Page 2 Brad Meyers, 840 Maggard, appeared re changes to bus routes, & requested a commission be formed to direct Transit. He commended the Police Dept. for their quick response to accident calls. LaMar Morris, 3014 Friendship, stated that Iowa City had the best bus system in the State, & requested citizen support for it. Judy Strauss, 1129 Denbigh Drive, called attention to letter and material presented regarding bus use in their area, and commented on letter from Mose. Moved by Balmer, seconded by deProsse that the letter and attached materials be received and filed. Motion carried unanimously, 7/0. City Mgr. Berlin stated that after all citizen input had been received, possibly early November, Council would be scheduled to discuss modifications to the routes. Helen Brom, 1409 Melrose Court, presented a letter of appreciation from 196 citizens, for the closing of Melrose Court, noting resulting benefits. Moved by Neuhauser, seconded by deProsse, that the petition be received and filed. Motion carried unanimously, 7/0. Harold Shaffner, field manager for Fuller Brush, appeared requesting exemption for their salesmen from the door-to-door license provision which requires posting a $1,000 bond for each person. After discussion, Mayor Vevera advised Shaffner that the majority of the Council was not interested in waiving the requirement. John Suchomel, 33031 S. Lucas, called attention to need for street -lighting in the Northside, and agreed that bonding provisions should remain for peddler's permits. Chrp. of Board of Electrical Examiners & Appeals Jim Hynes appeared and read some of the material from their yearly report. Vevera stated that at the informal session Council had discussed the present situation regarding allegations against the Staff, and had decided that the Staff should meet with the Board, with two Councilmembers present. Moved by Neuhauser, seconded by Roberts, that the Electrical Board schedule a public meeting, at the earliest opportunity, with the City Manager and concerned staffinembers and Councilmen Balmer and Erdahl, who will convey the outcome of this meeting to the other Councilmembers. Motion carried unanimously, 7/0. City Mgr. Berlin asked that Mr. Hynes chair the meeting, prepare the agenda, post the notice and provide some written information re problems at the meeting or prior to the meeting. There were no Council objections. Public hearing was held on the Neighborhood Site Improvements - Sidewalk Repair Program. Berlin called attention to the memo distributed by Kraft which outlined planning & methodology used, & it was noted that the Building Line pamphlet contained criteria used by inspectors. Councilmembers expressed concern over inclusion of Summit St. It was the consensus of Council to delete sidewalk from Summit St. and add sidewalk in areas of Jackson, Dearborn, Seventh Ave. & continuation of Sheridan, and if any additional funds, on Summit. Suchomel was advised that the Northside area will be surveyed next spring. An addendum to the plans and specifications will be made as discussed above. Moved 7- Roberts, seconded by Perret, to adopt the RES. 79-484, Bk. 59, pp. 126 1268, APPROVING FINAL PLANS AND SPECIFICATIONS FOR NEIGHBORHOOD SITE IMPROVEMENTS AND AUTHORIZE BIDS TO BE RECEIVED, October 23, 1979. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -0[1, n0111Cs I Council Activities October 9, 1979 Page 3 At their informal session 10/7 Council decided to change the plans for the 1979 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT. Moved by deProsse, seconded by Roberts, to deter Items 7, 8, 9 & 10, as it will be next spring before staff can make the changes. Motion carried unanimously, 7/0. Staff was requested to keep next week's agenda and schedule light, because of election day Tuesday. Neuhauser questioned why Ia.-Ill. Gas & Elec. has not started to install underground utilities downtown. Berlin relayed Staff's frustration. Moved by Neuhauser, seconded by Perret,that a letter be written to Ia.-Ill. Gas & Elec. Co. noting Council's concerns and requesting a report on plans and timing for these installations. Motion carried unanimously, 7/0. deProsse called attention to a complaint she received that after truck traffic was taken off Kirkwood, the trucks were using Sycamore Street instead of the First Ave. Extension for access to that area. Moved by deProsse, seconded by Erdahl, that Public Works make some assessment of this problem and report back to Council. Motion carried, 6/1, Roberts voting 'no.' Roberts commented that Council would be adding to the workload of the department, and some other project would be delayed. Erdahl explained that the rule against candidates campaigning in the dormitories was a rule passed by the University students. Moved by Balmer, seconded by deProsse, to adopt RES. 79-485, Bk. 59, pp. 1269-1273, ACCEPTING STORM SEWER AND PAVING IN VILLAGE GREEN SOUTH PART 2, done by Knowling Bros. and Metro Pavers, Inc. Affirmative roll call vote unanimous, 7/0, all Council members present. Moved by Balmer, seconded by deProsse, to adopt RES. 79-486, Bk. 59, p. 1274, ACCEPTING SUNSET STREET IMPROVEMENT PROJECT, done by Metro Pavers, Inc. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-487, Bk. 59, p. 1275, AUTHORIZING FOUR MAINTENANCE WORKER II'S AND SIX MAINTENANCE WORKER I'S IN THE REFUSE COLLECTION OPERATIONS ENTERPRISE FUND. Affirma- tive roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-488, Bk. 59, p. 1276, AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION in the Human Relations Dept. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Erdahl, to adopt RES. 79-489, Bk. 59, pp. 1277-1278, AUTHORIZING THE INITIATION OF LAND ACQUISITION PROCEDURES FOR THE LOWER RALSTON CREEK -SMALL CITIES GRANT APPLICATION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Perret, seconded by deProsse, to adopt RES. 79-490, Bk. 59, pp. 1279-1280, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING WITH THE IOWA CITY MUNICIPAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DE.S '10 RIGS Council Activities October 9, 1979 Page 4 AIRPORT COMMISSION FOR THE CONSTRUCTION OF A BOAT RAMP AT STURGIS FERRY PARK. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Neuhauser, to adopt RES. 79-491, Bk. 59, pp. 1281-1285, DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT on 1979 BDI Second Addn. Impr. Construction Project, to Parkview Co. Affirmative roll call vote unanimous, 7/0, all Council - members present. Moved by Perret, seconded by deProsse, to adopt RES. 79-492, Bk. 59, pp. 1286-1288, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH CARL F. STRUB TO PERMIT THE CONSTRUCTION OF A FACADE ON THE STRUB BUILDING (FORMERLY ROSHEK'S) WHICH WILL OVERHANG THE SIDEWALK ON CLINTON STREET A MAXIMUM OF THREE FEET. City Manager Berlin pointed out that an amended agreement with insurance provisions added had been distributed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Neuhauser, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to .the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and that ORDINANCE 79-2976, Bk. 15, p. 137, DEDICATING A PORTION OF CLINTON STREET IN IOWA CITY, IOWA, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Perret, that the Ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Neuhauser, to adjourn 9:15 P.M. Motion carried unanimously. R08ERT A. V V mi ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES nolraS , COUNCIL INFORMAL DISCUSSION OCTOBER 15, 1979 INFORMAL COUNCIL DISCUSSION: October 15, 1979, 1:30 P.M. in the Council Chambers at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera. STAFFMEMBERS PRESENT: Berlin, Helling, Karr. Others present for certain discussions as noted. TAPE-RECORDED: Reel #79-27, Side 2, 1-115. HOUSING CODE ENFORCEMENT INSPECTION TOUR Kucharzak, Steinbach, Bd. member Van erZee present. 624 North Linn - Iva Hilleman and Atty. Dan Boyle present. (ceiling height) 915 East Washington - Willie Wulf, manager, present. (ceiling height) 331 South Johnson - Robert Bender present. (guardrails) 320-322 South Johnson - Exterior tour only. (condition) 3 East Harrison - Exterior tour only. (condition) Berlin distributed tour schedule and agenda of priorities at sites. SPRUCE STREET DRAINAGE INSPECTION astino and Schmadeke present. deProsse left meeting. AGENDA AND COUNCIL BUSINESS 1. Balmer wanted discussion scheduled re Airport Comm. request for additional funds. Neuhauser noted that the request did not contain enough information. 2. Roberts questioned item #14 re just compensation for property for South branch Ralston Creek Stormwater Detention Project. Berlin explained that compensation had been set as a result of appraisals by City and outside appraisers. 3. Balmer questioned memo from Cablevision Specalist re laying of cable in i January. Berlin will have representative of ATC talk to Council. 4. Vevera asked if any Councilmember had read letter from Cazon City, Phillipines, j re becoming a sister City. 5. Erdahl questioned SMSA status and asked that other cities with such status be questioned re tips on procedure they followed. 6. Helling announced that Ralston Creek Watershed discussion will be postponed until October 29th. 7. Balmer asked that discussion of obtaining additional office space for Legal Dept. be slated later. B. Vevera announced that proclaimation re White Cane Safety Day would not be read in its entirety since it would be observed prior to reading. Meeting adjourned 3:50 P.M. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo1MES E .. MINUTES OF 711E HOUSING COMMISSION - OCTOBER 3, 1979 - 3:30 P.M. CONFERENCE ROOM MEMBERS PRESENT: Kathleen Graf, Len Vander Zee, Rachael Dennis, Diane Klaus STAFF PRESENT: Flinn, Laverty, Scholten, Steinbach OTHERS PRESENT: Cathy Carlyle, KXIC 1. MEETING CALLED TO ORDER BY CHAIRPERSON, KLAUS, AT 3:35 P.M. I1. MINUTES OF THE SEPTEMBER 5, 1979, HOUSING COMMISSION MEETING WERE, APPROVED AS MAILED ON MOTION BY DENNIS, SECONDED BY GRAF, APPROVED 4/0. III. COORDINATOR'S REPORT WAS ACCEPTED AS MAILED. IV. CCN REPORT ON REHABILITATION PROGRAM - Question was raised regarding the Memo outlining CCN recommendations for the Rehab Program. Clari- fication is requested as to whether there is a limit to the amount of money that can be spent per individual. Concern was also expressed for better communication between Commission and Committee on Community Needs (CCN). V. HOUSING INFORMATION PAMPHLET - Laverty reported that the pamphlet should be complete in the next couple of weeks. Ile distributed a tentative list for distribution and asked for additional input from Commission members. VI. HOUSING APPEALS BOARD A. Consensus that Commission should not discuss Town f, Campus. Referred to Housing Appeals Board for appropriate action. B. By -Laws Changes - Housing Appeals Board - Action on By -Laws changes of Housing Appeals Board referred to Housing Appeals Board for action upon opinion of Assistant City Attorney Scholten that the Housing Commission should not vote on By -Laws for !lousing Appeals Board. V. DISCUSSION A. Recent Code changes regarding historical and architectural significance were briefly discussed. It is the understanding of the Commission that clarification of the Commission's role is forthcoming. VI. ADJOURNMENT - Moved by Dennis, seconded by Graf that meeting adjourn. Approved 4/0 at 4:35 p.m. APPROVED BY:. Diane Klaus, Chairperson 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES X197 MINUTES IOWA CITY PLANNING h ZONING COMMISSION OCTOBER 4, 1979 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Kammermeyer, Lehman, Lundquist, Blum MEMBERS ABSENT: Jakobsen, Vetter, Ogesen STAFF PRESENT: Boothroy, Wilkinson, Ryan, Plastino RECOMMENDATIONS TO THE CITY COUNCIL: 1. That the Planning and Zoning Commission has reviewed the Ralston Creek Watershed Management Plan and find it consistent with the Comprehensive Plan and furthermore recommend its adoption by the City Council. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. That the Legal Department provide staff assistance in researching possible alternatives for funding for acquisition of properties relating to the Ralston Creek project. SUMMARY OF DISCUSSION AND ACTION TAKEN: Chairperson Blum called the meeting to order and asked if anyone present wished to discuss any item not included on the agenda. No one responded. Ile then called for consideration of the minutes of the meetings of September 13 (special meeting), September 17, and September 20, 1979. Blum asked that the minutes for the September 20 meeting be corrected to show that he had attended the Airport Commission meeting on that evening. There being no further corrections, the minutes of September 13 and 17 were approved as circulated and the minutes of September 20 were approved as corrected. Public discussion to consider the Watershed Management Plan for Ralston Creek. Dick Plastino, Director of Public Works, was present to discuss any aspects of the plan that the Commission had questions about. Ile explained that the plan does not try to address the 100 -year flood in the channel but rather the channel improvements are intended for the 10 -year flood. Kammermeyer expressed his feelings that a pedestrian way or bikeway should be maintained throughout the City along Ralston Creek. Plastino stated that he thought Marianne Milkman had provided for this in the Bikeways Plan for this area. There was some discussion regarding the acquisition of properties relating to this project. Plastino indicated that the Ralston Creek Coordinating Committee has suggested sending out a list of properties in the area to Iowa City realtors asking that if any of the listed properties become available for purchase that the City be notified. Ile also indicated that he would like for Planning and Zoning to request stuff assistance from the Legal Department in researching possible alternatives for funding for acquisition of properties relating to the Ralston Creek project. PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIRES Planning and Zoning Commission October 4, 1979 Page 2 Kammcrmeyer moved, and Lehman seconded, that the Planning and Zoning Commission has reviewed the Ralston Creek Watershed Management Plan and find it consistent with the Comprehensive Plan and furthermore recommend its adoption by the City Council. Motion carried unanimously. Lehman expressed concern about the number of signs that are being posted on the kiosks in City Plaza and asked Plastino if there was anything that could be done to help in this matter. Plastino indicated that bulletin boards have been order and should be in place before too long. Commissioners also expressed concern about the bicycles, skateboards, and cars that have been observed in City Plaza. Concern was also expressed about the truck traffic that is routed through the Washington Street area from I-80. Plastino asked the Commission to consider some solutions to this problem. i Concern was expressed regarding the parking permits that are being issued for commercial loading in the plaza area. It was pointed out that there are provisions in the ordinance which state permits or commercially marked vehicles. Commission to discuss the acquisition of property for the extension of Foster Road. Blum stated that he would prefer to defer this matter until more Commissioners are present and until a staff report has been received. He further expressed his feeling that there appears to be no real urgency at this time. Bruce Glasgow stated that further delay might result in the unavailability of two of the houses that would be required for one of the alignments of Foster Road. Following a brief discussion on this matter, the matter was deferred until a staff report is received. i There being no further business, the meeting was adjourned. i i Prepared bzzele �/,/.L,�ia x� Sandfa Wilkinson, PPD Secretary Approved by49 //1 Ernest W. Lehman, P Secretary FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIn ES M I N11TRS IOWA CI'T'Y PLANNING 6 ZONING COMMISSION SPECIAL MEETING OCIDBER 11, 1979 -- 7:30 P.M. ENGINEERING CONFERENCE ROOM r1) MEMBERS PRESENT: Ogesen, Jakohsen, Lundquist, Kammermoyor, Vetter MEMBERS ABSENT: Blum, Lehman STAFF PRESENT: Schmeiser The Commission held a special meeting for the purpose of continuing its review of the new proposed zoning ordinance. The Commission reviewed the RM -12, RM -20, and RM -40 multi -family residential zones. Changes recommended by the Commission are on file with Don Schmeiser of the Department of Planning and Program Development. With no further business, the meeting was adjourned. Prepared by Dp ld 7eiser, Senior Planner FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES f f ( I; � I t i I 4F f v I f' j i I I I )` M I N11TRS IOWA CI'T'Y PLANNING 6 ZONING COMMISSION SPECIAL MEETING OCIDBER 11, 1979 -- 7:30 P.M. ENGINEERING CONFERENCE ROOM r1) MEMBERS PRESENT: Ogesen, Jakohsen, Lundquist, Kammermoyor, Vetter MEMBERS ABSENT: Blum, Lehman STAFF PRESENT: Schmeiser The Commission held a special meeting for the purpose of continuing its review of the new proposed zoning ordinance. The Commission reviewed the RM -12, RM -20, and RM -40 multi -family residential zones. Changes recommended by the Commission are on file with Don Schmeiser of the Department of Planning and Program Development. With no further business, the meeting was adjourned. Prepared by Dp ld 7eiser, Senior Planner FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES • MEETING OF ELECTRICAL BOARD OF APPEALS ENGINEERING CONFERENCE ROOM AUGUST 28, 1979 7:00 PM Boardmembers Present: Jim Hynes, Dale Flannery, Ferrel Turner. Staff Present: Paul Bowers Others Present: Ken Talby, Representative of Iowa Illinois, Robert A. Fliehler Representative of H.L.M., Dick Snyder Representative of H.L.M., Mel Schweer Representative j I of Iowa Illinois. i. I. Meeting called to order by Chairman Jim Hynes. i 3 II. Robert Fliehler of H.L.M. brought the elect board up to date on the service of the downtown mall. This service will be fed by four 1,000 amp transformers, it is not recommended to tie more than two of these transformers together into one disconnect and since there are four p transformers it will be necessary to have two disconnects, and the City ;...:.... - Code allows only one disconnect. The board had these possible options: 1. Option No. 1 would be two low voltage disconnects with an interconnect. .. �: 2. Option No. 2 would be two high voltage disconnects with an inter- II' I connect. 3. Option No. 3 would be two low voltage disconnects without an inter- connect. Motion made by Turner that the board receive a letter from the Fire Department stating what type of disconnect would be acceptable to them. Motion died for lack of a second. Motion by Dale Flannery that the two high voltage disconnects be put. in with the interconnect to be operated by Iowa Illinois personally. j; Seconded by Turner. Passed unanimous. i e III. Meeting dismissed by the Chairman. Respectfully submitted Paul Bowers, Secretary Approved By: Board Action 10/17/79 I Q pp, i 1. I MICROFILMED BY JORM MICROLAB I i I CEDAR RAPIDS-DES I401RES a r E MINUTES OF MEETING OF ELECTRICAL BOARD OF APPEAL ENGINEERING CONFERENCE ROOM SEPTEMBER 14, 1979 Boardmembers Present: Jim Hynes, Earl Eyman, Ferrel Turner, Dale Flannery Staff Present: Paul Bowers, Glenn Siders I. Admendment to the local electrical ordinance repeal 9:20,9 first par- agraph. Any person desiring to take examination for any of the licenses or cera tificates required by this code, shall make application to the electrical j inspector. Each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter, Substitute for 9:20.9 first paragraph the following: Any person desiring to take an examination for any license or certificate required by this code shall make written application to the Board on forms provided by the Electrical Inspector, Background information pro- vided by the applicant shall be verified by the Board prior to examination, Each application shall be accompanied by a reciept from the City for the examination fee, as set out hereafter. Above motion made by Dale Flannery. Seconded by Earl Eyman. Passed unanimous. Repeal 9:20,12 second paragraph, Before a person can apply for a Master Electrician's License, he/she must carry an Iowa City Journeyman's license for one year. d� 1 Substitute for 9:20.12 second paragraph the following: r Before a person may be examined for a Master Electrician's license, he/she must possess a valid Journeyman Electrician's license for one year, In the event the Journeyman's license is from a jurisdiciton other than Iowa City, the Board shall receive evidence sufficient to show that the license c was obtained as a result of successfully passing an examination equivalent } to the Iowa City examination, In the event that equivalency of the for- eign Journeyman Electrician's examination with the local examination can ji not be readily determined, the alternative evidence of a Journeyman ;! Electrician's license plus a certificate showing successful completion of a federally recognized apprenticeship program for electricians will satisfy the equivalency requirements, 1 Above motion made by Earl Eyman, Seconded by Ferrel Turner, i ,qgy FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES . ♦.�.-ice 1 Minutes of Electrical Board of Appeals Engineering Conference Room - September 14, 1979 Page 2 i Passed unanimous. Staff recommended to the Board that a definition be put in the code for a Master Electrician, Journeyman Electrician and a Electrician. The Board took it under advisement. Meeting adjourned by the chairman. Respectfully submitted Paul Bowers, Secretary Electrical Board of Appeals Approved By: Board Action 10/17/79 I i L'- I:. 4 IIf I I I � I I I i �I ti FIICROFILMED BY t JORM MICROLAB ' CEDAR RAPIDS•DES MOINES I R Mi a 14INUTES BOARD OF ELECTRICAL EXAMINERS AND APPEALS SEPTEMBER 19, 1979 MEMBERS PRESENT: Jim Hynes, Dale Flannery, Ferrell Turner, Earl Eyman STAFF PRESNET: Paul Bowers, Roger Scholten The meeting was called to order by Chairman Hynes. MOD POD APPEAL Mr. Gauger presented the appeal for Mod Pod. It read as follows: "We request that the circuit breaker panels be allowed to remain over the kitchenette counters in this office occupancy. The basis of our request is as follows; referring to Article 110-16 of the N.E.C. of 1978: 1. The equipment requiring adjustment, servicing or maintenance can be done with the equipment "dead", because a lockable fused disconnect is provided in the basement. 2. Approximately 5'0" of clear space exists in front of the panels above countertop height. 3. Lighting in the kitchenette area can be connected to the "house" panel for conformance to Article 110-16 (e), 'Illumination.'" The panelboards are located above the metal kitchen unit which contains a two burner range, a sink, and a small refrigerator. This unit is well grounded Mr. Gauger presented the case on the idea of being able to shut off this particular distribution panel. The Board maintained that this panel did not, in their judgment, have the required clear distances. The appeal was denied for the above reason. Mr. Bowers was asked to read the code section pertain- ing to the above. 110-16. "WORKING SPACE ABOUT ELECTRIC EQUIPMENT (600 VOLTS OR LESS, NOMINAL). Sufficient access and working space shall be provided and maintained about all electric equipment to permit ready and safe operation and maintenance of such equipment. (a) WORKING CLEARANCES. Except as elsewhere required or permitted in this Code, the dimension of the working space in the direction of access to live parts operating at 600 volts or less and likely to require examination, adjustment, servicing, or maintenance while alive shall not be less than indicated in Table 110-16(a). In addition to the dimensions shown in Table 110-16(a), the work space shall not be less than 30 inches wide in front of the electric equipment. Distances shall be measured from the live parts if such are exposed or from the enclosure front or opening if such are enclosed. Concrete, brick, or tile walls shall be considered as grounded." Mr. Gauger and Mr. King were trying to use an exception to this section which reads as follows: 110-16(a)3. Exceptions 1 and 2. "Exposed live parts on both sides of the work E i FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES Electrical Board of Apneals meeting - 9/19/79 page 2 space (not guarded as provided in Condition 1) with the operator between. Exception No. 1: Working space shall not be required in back of assemblies such as dead -front switchboards, or motor control centers where there are no renewable or adjustable parts such as fuses or switches on the back and where all connections are accessible from locations other than the back. Exception No. 2: By special permission smaller spaces may be permitted where it is judged that the particular arrangement of the installation will provide adequate accessibility." The above was not asked for until after the installation was made, A motion was made by Turner to deny the appeal and uphold the inspectors interpretation to have panels removed from the area, The motion was seconded by Flannery and carried by a unanimous vote, A motion was made by Turner that this matter be looked into to see why this building got as far as it did in the electrical without any inspections and how the building permit got issued without a clear meaning as to everything that was contained in that building permit. The motion was seconded by Eyman. Discussion followed. No action was taken on this motion. Another motion was made by Turner that this whole affair be looked into. 1. The Board should contact the Council as to how this building got this far and 2. the Board should contact the contractor to see if the Building Permit was thoroughly explained to him, that he had to have electrical inspections and plumbing inspections or if he could surmise that because he had an engineer on the job that he didn't need these inspections. Eyman seconded the motion. Discussion followed. Board member Flannery suggested that because of confusion with two motions that the Board should go back to the first motion. Chairman Hynes stated that the second motion would be withdrawn and requested that the first motion be read back. Discussion on the first motion followed. Board member Flannery noted that Midwest, the electrical contractor who has done work in the community before and is familiar with the permits, should have known that inspections have to be called for. :Turner stated that he himself probably would have called Paul if he had been the sub -contractor. The Board expressed their concern that the electrical inspector is being blamed for this when they feel it is actually the management of the Building Inspection Department that has failed to make certain that the prints were thoroughly reviewed before the building permit was issued. e Chairman Hynes called for a vote. Flannery voted nay, Turner, Eyman any Hynes voted aye and the motion carried. A motion was made by Eyman that the chairman be directed to write a letter to Council indicating the Board's lack of confidence in the management of the building inspection program. Turner seconded the motion. Roger Scholten stated that in his opinion the motion was not a proper subject unless it related to the appeal before the Board that night because it wasn't on the agenda Discussion followed. Chairman Hynes called for a vote. Flannery voted nay, Hynes, Eyman and Turner voted aye and the motion carried. Chairman Hynes was directed to contact the Council regarding the fact that the Board feels that the Electrical Inspector is being subjected to undue criticism and pressure. Chairman Hynes adjourned the meeting. �11��1.cf:ti/ s. --c_ APPROVED BY: Board Action 10/17/79 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES l' MINUTES ELECTRICAL BOARD OF APPEALS ENGINEERING CONFERENCE ROOM OCTOBER 3, 1979 MEMBERS PRESENT: Jim Hynes, Earl Eyman, Ferril Turner, Dale Flannery (he appeared at the meeting late) STAFF MEMBERS PRESENT: Paul Bowers, Glenn Siders, Roger Scholten PRESS PRESENT: Tom Drury, Daily Iowan; Nancy Bruce, KXIC OTHERS PRESENT: Pierce King, AIA; Wes Fotsch, Mod Pod; William Gauger, P.E. Chairman Hynes opened the meeting at 7:00 p.m. A letter was presented to the Board by Pierce King. (Copy of letter to be supplied by Chairman of the Board). After presentation of the letter there were comments made both by Mr. King, Mr. Gauger and the Electrical Board was in discussion of the letter as it was presented. Mr. Turner made a motion stating we will f allow Mod Pod to have the panels as they are providing a legal interpretation from the legal staff. That was seconded by Earl Eyman and after further discussion the motion was withdrawn by both Turner and it Eyman. A motion by Ferril Turner that Mod Pod's proposal be approved as proposed with a sign to be worded and sized by the Electrical Inspector. ti This was seconded by Earl Eyman. Discussion followed with the idea that the size and lettering should be determined by the Board and not the Electrical Inspector. The motion was modified to the effect that the size of the sign would be 4" x 4" and the writing was to be in red and that the sign was to be mounted permanently on the door by rivets. The wording on the sign would state: "DANGER: Turn off panel and padlock switch number DS -1, DS -2 in the basement before removing panel cover." Voting on the above motion was Flannery, Turner and Hynes, yes, and Earl Eyman abstaining. An addition to the above business with Flannery making a motion that a letter be sent to the electrical contractor, Midwest, suggesting that he call for inspections of the work being done in the future. The letter was to contain a warning stating that the above inspections were not made for rough -in and that the problem presented in this case was not brought to the attention of the Electrical Inspector before the installation. Turner seconded the above motion. There was some discussion afterwards and it was a unanimous decision. Chairman Hynes closed the meeting. Approved By: Board Action 10/17/79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110IIIES a1 ■ Minutes: lawn City Municipal Alrporl Couualsslon, S1101.1n1 Moellag, October 11, .1979 7:30 I'M Iowa City Civic Center Members Present: Embree, Redick, .Sneugling Members Ahaenl: Ileckweun, Phippu Others Present: Steve Starley (Special guest from the IinvLronmentaL Protection Agency) Bob Wright (Special guest from the Environmental Protection Agency) Ken Lowder, Sue Young (KXIC), Fred Tremmel, Elliot Full, Joe Galbraith (Kansas City EPA Office), Patricia Kraft (Kansas City EPA Office), Leo Brachtenbach, John Redick, Tom Drury (Daily Iowan), Richard Blum, Dale Melling, Barry Ginsberg Summary of Discussion: This was a special meeting of the ICMAC for the purpose of discussing with the guests from EPA the particular problems which Iowa City is experiencing as gen- eral aviation grows in the area and residential areas continue to encroach upon the airport. The meeting was called to order by Mr. Saeugling, acting as Chairman 1n the absence of Mr. Phipps. Fallowing the call to order, open discussion among the commissioners present and the two guests from EPA ensued. As no nctlons were taken at this meeting, a summary of the pertinent points discussed Is glven below By focusing on the cities of Santa Monica, California and Torrance, Cali- fornia, the EPA guests outline measures which Iowa City might adopt in seeking to alleviate some of the problems existing here: (1) inclusion of noise abatement procedures in the training of pilots (2) creation of curfews (for example, 11:00 PM - 7:00 AM) noting that exceptions should be made for emergencies (3) restriction of touch-and-go operations by all pilots during certain hours of the day, or certain days of the week (4) reaching the flying public via a large-scale mailing; thus informing users of the airport of the existence and nature of noise abatement policies (5) restriction of all aircraft with n noise rating above a certnln dera - bel level (it should be noted that such arestriction would possibly permit some quieter jets to use Iowa City and restrict some prop planes) (b) institution of landing fees (7) establishment of preferential runways to take traffic away from resi- dential areas whenever possible. It was stressed that, as proprietors of the Iowa City Airport, the (CMAC has the authority to establish the conditions under which the airport shall he run. However the Commission may not adopt any measures: (1) which will directly discriminate against any class of aircraft or FIICROFILMED BY JORM MICROLAB CEDAR RAPI0S-DES IIOINES ON 1CMAC specInI meeLing, OcLohvr 11, 1974, Minutes cont. Hann of pi IM Muis the suvcsure adopted last spring and subsv- (Iuently suspended to prohibit takeoffs on two runways to pilots on student status was not viable) (2) which violate leases held by anyone using airport property (3) which infringe upon that area of air traffic falling under strict control by the FAA. The EPA guests stressed the importance and long range value of trying to sit down with all parties concerned and work out solutions which would encourage voluntary compliance with noise abatement procedures. They emphasized that a diplomatic and concerned airport manager is instrumental to this process. Fi- nally it was pointed out that, if efforts at voluntary compliance fail for lack of cooperation, then the Cot mission has the authority to take formal steps to impose noise abatement measures such as those described above. Respectfully submitted: Jan Redick MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES s { a. r IOWA CITY HUMAN RIGHTS COMMISSION September 24, 1979 7:30 p.m. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Braverman, Costantino, Kuhn, Marcus, McCartt, McGuire, Munzenmaier, Reyes, MEMBERS ABSENT: Yates. STAFF PRESENT: Mejia, Ryan, Zukrowski. VISITORS: Karen Kalergis, KXIC; Robert Morris; Joe Penny. RECOMMENDATIONS TO THE CITY COUNCIL: None. RECOMMENDATIONS TO THE CITY MANAGER AND STAFF: Commission requested Sohpie to review Russell Ross' students' comments. Sophie will send copy of her job description and the Fire Department Affirmative Action Plan to the Commissioners. For the next agenda there will be a review by Pat Brown or her designee of the employment statistic summary. SUMMARY OF RELEVANT DISCUSSION: i I. The September 24, 1979 meeting was called to order at 7:30 p.m. by Chairman Braverman. 2. The following additions/corrections to the minutes were made: July 24, 2:00 p.m. meeting - correct Reese to read Reyes as present. July 24, 6:00 p.m. meeting - correct Reese to read Reyes as present. Motion as t and seconded minuteswmailedeinypackett(June 25, July 5y 9,1 1, 18, 24 accept eetill ngs) as corrected. Motion passed unanimously. Deferred to the next meeting approval of the minutes of July 23, 25 and September 4. Munzenmaier noted correction in N8 on September 4. Munzenmaier abstained, not Yates. 3. Public Discussion. Robert Morris questioned what progress had been made in the Woodfield's case, i.e. legal documents filed, action taken. Ryan reported that Roger made arguments resisting the temporary injunction and filed a brief as requested; now awaiting decision from judge - time frame questionable. Morris questioned what feedback the Commission had received regarding the July hearings. Commissioners indicated some interspection by themselves resulting in setting up a subcommittee for the possibility of revisin section of the Human Rights ordinance (modernize and revamp procedures. Mace suggested that a precedent has now been set by another commission which was allowed to hire an outside attorney to help with public hearing. if mistakes were made based on procedure, external counsel may have helped. The commission will use this in the future. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES X991 I Iowa City Human Rights Commission September 24, 1979 Page 2 Morris stated he felt the hearing was unruly; actions and language used which should not be tolerated in a public hearing. Mace accepted this as a point well taken; however, the commissioners felt they were unaware of any such behavior or language. 4. Age Discrimination in Employment Act. This is a Federal law which prohibits age discrimination in employment up to age 70 and also affects pension and fringe benefits. Problem arises because of in- consistencies with State laws. Sophie has been researching this because it is the responsibility of the Human Relations Department to meet compliance with the law. The possibility of a student intern research- ing this was discussed and this will be discussed with Pat Brown. 5. State Civil Rights Commission Rules. Sophie requested copies of "Administrative Rules." These will be forwarded to commissioners when they arrive. 6. Iowa Civil Rights Commission Training Session. Steve, Angelita, Dick MCC. attended. Basically it was a Survey Course of Complaint Processing. j It was suggested that a thank you letter should be sent from the Commission. It was mentioned that a model city ordinance was given to the participants by the State. This will be made available to the Subcommittee to use as a guide in reviewing our ordinance. The training session scheduled by the Human Relations Department was cancelled due to lack of attendance. This training course was to look at the City as a model employer. Because this goal is presently in suspension it was decided to put the training session on next month's agenda. The Commission requested Sophie to read the reports by Russell Ross' students discussing their candid comments as observers of the Commission. i I ' 7. Initiating local commission information system. Discussed the possibility of getting local commissioners together to deal with common problems. j Discussed Theobjective is sthatlall commissilonstdeal ter owith sthe esame eproblems and could benefit from other experiences in dealing with problems. It was j felt that possibly a group of commissions could make a point with an "omnipotent" state commission. There was some dissention on this issue I by commissioners who felt this had been tried before and was not effective. It was suggested that the commission first look at priorities and get present priorities in order (committees and projects) that effect this I commission. 8. Commission By-Laws Committee. This committee no longer exists. It performed its function and was retired. ' Blue Ribbon Subcommittee - City as a Model Employer. Dropped and taken over by Pat Brown. j I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IdDIIIES 6 Iowa City Human Rights L^,fission September 24, 1979 Page 3 Education Subcommittee. Presently in limbo. Iden House Committee. Carla withdrew and Steve volunteered as chair. Angelita, Dick Y., Agnes and Braverman as ex -officio. Planning a public event. Ordinance Revision Committee. Yates (chair) and McGuire. Reminded this a Commission t at is commission project. Yates and McGuire are monitoring this project. Baseball Team Resolution. Final Report (until next spring). Have a vera comae ttment to deal with the issues of scheduling and facilities in the spring. Linda will send a letter in the spring reminding manage- ment of scheduling committments. For the present, Linda will send a letter commending the participation of all parties, summarizing the understanding and offering the commission's help in the future. She will request a written acknowledgement of this letter and its contents. Commission Priorit Pro'ects. Outgrowth of this is the Ordinance Priority Committee. 1 Drafted a letter to state asking them to review our ordinance. (2) Dick spoke with state and has their assurance of cooperation. (3) Sent letter to Hayek and met with him on September 24, 1979. Hayek is willing to help in terns of City staff; felt the ordinance is OK; suggested an accelerated time schedule for some cases; is much opposed to independent staff and council and would like the commission to reconsider this.Regarding committee redirection, discussion of various studies of the ordinance and revisions made. Angie felt confident that the City is in compliance with 601A. j Munzenmaier felt the committee must look at (1) injunctive power (2) parallel 601A.15 Complaint Hearing - delineation of functioning. A letter ihas been sent by Sophie to Thomas Mann regarding parallel structure, by-laws and she is awaiting a reply. within the remedy section it was felt that we do have provision to certify to a licensing body that an act of discrimination occurred but we did not incorporate certifying to a contractor. Also in the remedy section it appears that these are available only after a public hearing and the intent was not that. 601A.16 - 120 day release to sue should be discussed. Linda will draft a memo to Angie addressing these questions and problems (this will not be an all inclusive list). The next step will be to officially get the city staff working on this project. The commission will await the responses and see if there is disagreement between the state response and the city legal staff. Compliance Monitoring Guide. Defer to next meeting. Affirmative Action - Chamber of Commerce. It was moved by Mori and seconded by Agnes that the Chairperson write a letter to the Chamber of Commerce stating that Carla Marcus is our representative to the Affirma- tive Action Committee and request that she be notified of every meeting that takes place. Motion carried unanimously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIIIES ., Iowa City Human Rights C�ission '. September 24, 1979 Page 4 9. Complaint flow chart. Ok as is. Sophie will send job description P of her b ,7o to all commission members. City employment statistics presented. Discussed letter from Colleen Shearer; letter to Leach regarding non-discrimination in housing; letter to Killman and Arens. It was requested for the next agenda that Pat Brown (or her designee) review the employment statistic summary. The Commission reouested to see a copy of the Fire Department Affirmative Action Plan. 10. Complaints. E/R, 12-22-7810. Still in legal. Will be mailed September 25. H/R, 2-15-7901. Report submitted. Finding of no probable cause. PA/R, 2-15-7901. Letter submitted. No cause finding. E/Re, 2-15-7901. Sent to team. (Mace, Linda, Mori) E/R, 2-15-7902. Individual submitted written request for appeal. Team to review. E/S, 3-27-7903. Predetermination meeting scheduled for October 2, 1979, with EEOC representative. Sophie will attend; complainant and attorney; respondent and attorney. E/S, 3-26-7904. Person notified of no cause finding. August 2 was last date for appeal. None filed. E/S, 5-2-7905. Case dropped. Writing report. PA/R, 5-7-7902. Mori requested Pat Brown to send no probable cause decision letter. 11. New Complaints. Add E/R, 9-18-7909. Expect to have another filed tomorrow (9/25/79) E/R, 9-25-7910. These cases are to be monitored. 12. Cases to be monitored. PA/R, 5-15-7905. No report. 13. Next meeting October 22, 1979, 7:30 p.m. City Manager's Conference Room. Agenda setting on October 12, 1979 by 3:30 p.m. 14. It was moved by Agnes and seconded by Angelita that the meeting be adjourned at 10:15 p.m. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 FUND/ 3 ACCOUNT CITY OF IOWA CITY FINANCIAL SUMMARY SEPTEMBER, 1979 BEGINNING FUND BALANCE RECEIPTS DISBURSEMENTS ENDING FUND _ INVESTMENT + CHECKING BALANCE BALANCE ACCOUNT BAL. GENERAL $ 497,669.54 $ 810,637.40 $ 646,334.21 $ 661,972.73 $ 521,887.22 $ 140,085.51 DEBT SERVICE 18,786.75 25,199.75 1,200.00 42,786.50 42,000.00 786.50 CAPITAL PROJECTS 10,759,683.89 58,614.49 1,150,137.98 9,668,160.40 9,665,238.62 2,921.78 ENTERPRISE 4,653,530.34 472,495.93 276,845.08 4,849,181.19 4,833,486.50 15,694.69 TRUST & AGENCY 782,231.42 24,675.95 120,342.90 686,564.47 677,147.84 9,416j"� INTRAGOV. SERVICE 16,983.63 612,511.12 606,961.89 22,532.86 -- 22,532.E._ SPECIAL ASSESSMENT 1,497.53 934.86 478.04 1,954.35 -- 1,954.35 SPECIAL REVENUE 749,222.10 162,087.40 529,047.36 382,262.14 650,916.32 (268,654.18) SUBTOTAL $ 17,479,605.20 $ 2.167.156.90 $ 3.331.347.46 $ 16.315.414.64 $ 16.39n 6u6_Fn $ (75 Pf;i_n6,) PAYROLL (1,772.65) 438,306.00 441,833.10 (5,299.75) -- (5,299.75) URBAN RENEWAL R-14 R-14 ESCROW 243.44 -- -- 243.44 -- 243.44 JOHNSON CO. REHAB. LEASED HOUSING I LEASED HOUSING II 107,114.39 50,180.00 46,466.00 110,828.39 112,208.44 (1,380.05) IOWA CITY HOUSING 1,194.76 -- -- 1,194.76 1,038.45 156.31 FIREMAN PENSION 17,641.69 -- 1,107.99 16,533.70 25,807.58 (9,273.f —, -FIREMAN RETIREMENT 1,807,115.51 14,509.26 10,207.20 1,811,417.57 1,801,992.52 9,425.6„% POLICE PENSION 41,890.98 -- 514.00 41,376.98 40,067.57 1,309.41 POLICE RETIREMENT 1,639,778.73 14,780.79 7,925.55 1,646,633.97 1,648,899.84 (2,265.87) SUBTOTAL $ 3,613,206.85 $ 517,776.05 $ 508,053.84 $ 3,610,424.45 $ 3,630,014.40_$ (7,085.34) GRAND TOTAL $ 21,092,812.05 $ 2,684,932.95 $ 3,839,401.30 $ 19,938,343.70 $ 20,020,690.90$ (82,347.20) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i_ $ 192,935.27 I i I 11,199.97 } r i i i i i I 1. i I I' INTERGOVERNMENTAL REVENUE i USE OF MONEY & PROPERTY 123,045.57 i 409,077.33 $ 1,297,109.97 LEASED HOUSING 50,180.00 OTHER HOUSING I i_ $ 192,935.27 LICENSES & PERMITS 11,199.97 } r 26,333.15 1. i I 323,114.09 INTERGOVERNMENTAL REVENUE i USE OF MONEY & PROPERTY 123,045.57 i 409,077.33 SUMMARY OF RECEIPTS SEPTEMBER, 1979 TAXES $ 192,935.27 LICENSES & PERMITS 11,199.97 FINES & FORFEITURES 26,333.15 CHARGES FOR SERVICES 323,114.09 INTERGOVERNMENTAL REVENUE 211,404.59 USE OF MONEY & PROPERTY 123,045.57 MISCELLANEOUS RECEIPTS 409,077.33 $ 1,297,109.97 LEASED HOUSING 50,180.00 OTHER HOUSING TOTAL SPECIAL 50,180.00 GRAND TOTAL $ 1,347,289.97 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ■ CCL. &L LISTING FUNC: GENERAL FUNC C9/79 VENOCR NAME PROCUCT DESCRIPTION AMCUNT A.C.C.U. UNLIMITEC GENERAL EQUIPMENT 30.63 AIR CCCLEC ENGINE SERVICES OPERATING EQUIPMENT 184.71 M.B. ALLEN INC. PRIOR -YEAR ENCUMBRANCES 174.5C AMACCM BOOKS 34.43 AMERICAN BAR ASSOCIATICN DUES E MEMBERSHIPS 20.00 AMERICAN CHAMBER OF COMMERCE PRINT 40.60 AMERICAN LAFRANCE GENERAL EQUIPMENT 252.46 AMERICAN LIBRARY ASSOC. L PAMPHLET FILE MATERIALS 44.80 AMERICAN PLANNERS ASSOC. BCCKS 7.95 AMERICAN PUBLIC WORKS ASSN. DUES E MEMBERSHIPS 330.00 AM. SOCIETY FCR TRAINING E DEV REGISTRATICN 15.13C ANCCNCO ANIMAL SUPPLIES 51.42 ANIMAL CLINIC VETERINARY SER. 68.50 ANSWER ICWA INC. PAGING 15.85 APPLEBY E HORN TILE CO. SANITATION C IND. SUP. 445.00 FORREST F. ASHCRAFT COURT COSTS E SER. 20.00 ASSOCIATES CAPITOL SERVICE TCCLS E ECUIPMENT RENT 965.52 ASSOCIATICN OF TRIAL LAWYERS DUES E MEMBERSHIPS 10.00 ATHENA INTERNATICNAL L ART REPRCCUCTIGNS 8.00 B.J. RECORDS L DISC 106.00 BABE RLTF LEAGUE SCCIAL SERVICES 1,284.00 BACCN PAMPHLET SERVICE L PAMPHLET FILE MATERIALS 37.92 EAKEk C TAYLOR CO. L BOOKS CATALOGED 2,284.34 BAKER C TAYLOR CO. L PRINT 210.87 BANKERS ADVERTISING CO. PRICR-YEAR ENCUMBRANCES 92.5C EARRCN'S ECUCATIONAL SERIES L BOOKS CATALOGED 13.00 BARTCN SCLVENTS BUILDING C CONST. SUP. 68.35 MATTHEW BENDER E CO. BCOKS 15.00 A.M. BEST CO. L PRINT 15.0C A BETTER CAB CO. EQUIFMENT SERVICE 351.7[ BICYCLE FORUM SUBSCRIPTION 10.00 BIG BEALTIFLL WOMAN L PRINT 12.00 BLUE CRUSS/BLLE SHIELD OF ICWA HEALTI- INSURANCE 22,803.66 80131S RACIO G TELEVISION L GENERAL EQUIPMENT 14.55 R.M. BOGGS CO. REP. CF BLDG. CCCL.EQUI 71.25 R.M. BOGGS CO. REP. CF BLDG. CCCL.EQUI 99.15 BCNTRAGER MACFINE E WELDING BUILDING E CONST. SUP. 28.CC TFE BCOKMAN INC. L BOOKS UNCATALCGEC 31.2E BOWERS RECORC SLEEVE E EAG MISCELLANEICUS SUPPLIES 185.22 BRANCY'S VACUUM SALES GENERAL EQUIPMENT 6.GC BROTHERS TREE SERVICE HAULING 588.50 BROWN TRAFFIC PRODUCTS PRICR-YEAR ENCUMBRANCES 2,768.88 BUREAU OF LABOR L PROFESSICNAL SERVICES 5.CC BUREAU OF NATIONAL AFFAIRS BCOKS 3.00 C.N. ASSOCIATES L PRINT 36.25 THE CALL ADVERTISING 25.2C CALLAGHAN E COMPANY REFERENCE MATERIAL 72.5C CARTWRIGHT'S CARPETS REP. E MAINT. TO BUILCI 59.74 CATALOG CARO CORP. L TECHNICAL SERVICE 111.74 CECAR RAPICS GAZETTE ADVERTISING 71.28 CENTER FOR CASSETTE STUDIES CASSETTE 5.9C CENTRAL POOL SUPPLY RECREATIONAL SUPPLIES 20.97 CERTIFIEC LABCRATORIES SANITATICN SUPPLIES 43.84 CHENOWETh-KERN ELEVATOR REP. E MAINT. TO EUILCI 40.CC CHICAGO CAILY DEFENDER ADVERTISING 28.8C MICROFILMED BY JORM MICROLAB ' CEDAR RAPIDS -DES IIOIIIES L' FUND: GENERAL FUNC VENDOR NAME CCU. L LISTING CHILOCk AFT EDUCATION CORP. L IOWA CI1N PETTY CASH IOWA CITY PETTY CASH PETTY CASE LIBRAkY PE77Y CASH LIBRARY PETTY CASH -RECREATION CENTER CLARK FCAM PRODUCTS CLERK OF U.S. DISTRICT CCLRT CLERK OF U.S. DISTRICT COLRT CLINE TRUCK E ECLIPMENT COLE PUBLICATICNS L JIM COLLINS THE CCMICLCGUE L COMMERCIAL TOWEL L COMPREFENSIVE VICEO SUPPLY L CCNSLMERS UNION CCNTRACTORS TCUL E SUPPLY COOPER ELECTRCNICS MRS. V.E. CCRCORAN COUNCIL CN MUNICIPAL PERFCRMAN D E J INDUSTRIAL LAUNCRY L DEPT. OF HIGHWAY SAFETY DEPT. OF PUBLIC SAFETY DIAMCNOSTEINS BCCK EXPRESS L UIVLRS PRU ShLP INC. DO IT NEW FCUNDATIGN BILL UCLLMAN ELIZABETF C. UGNNAN DOUBLECAY E CC. INC. L OUNNIS MYSTERIES OF CHOICE L EAS FHOTGGRAPFIC LAB, INC. EBSCO SUBSCRIPTICN SERVICE EOISCN RECORD CLEARANCE L ELUCATCRS PROGRESS SERVICE SANDRA ECWAROS ELBERT E ASSOCIATES ENERGY LSER NEWS RCN EVANS THE F STOP L FAYS FIRE EQUIPMENT CO. FEDERAL EXPRESS DAN R. FESLER FIDELITY PRCUUC7S CO. FIRETAL SYSTEMS FLEETNAY STORES FORTUNE FRAME HOLSE FRChWEIN SUPPLY CC. L GALE RESEARCH CC. L GARCIA RIVER PRESS L J.P. GASWAY CC. CARL GAUMER REFERENCE SER. L GERMAIN 8COKS L GOODFELLOW CO. INC. BILL GRELL CCNSTRUCTION PROCUCT DESCRIPTICN C9/7S TCYS CASFIERS SHORTAGES REFUNC BUILDING E CONST. SUP. REGISTRATICN TCCLS E MINOR ECLIPMENT BUILDING E CONST. SUP. DUES E MEMBERSHIPS DUES E MEMBERSHIPS TCCLS G EQUIPMENT RENT BCOKS CATALOGED HAULING OTHER UNCATALOGED MAT. LAUNDRY SERVICE BOOKS CATALOGED SUBSCPIPTICN RENTALS ECUIFMENT REPAIRS PROFESSICNAL SERVICES BOOKS LAUNDFY SERVILE TECHNICAL SERVICE TRACIS BECKS UNCATALCGEC RECREATICNAL SUPPLIES PAMFhLET FILE MATERIALS MISCELLANEOUS MEALS BCOKS CATALOGED BCOKS CATALOGED PRIOR -YEAR ENCUMBRANCES PRINT DISC PRINT PROFESSIONAL SERVICES CCMPLTER PROCESSING PRIOR -YEAR ENCUMBRANCES MEALS PHOTO SUPPLIES E EQUIP. GENERAL EQUIPMENT MISCELLANEOUS VEHICLLAR EQUIPMENT OFFICE FURNITURE/EQUIP. PRIOR -YEAR ENCUMBRANCES SANITATION E IND. SLP. SUBSCPIPTICN ART REPRCOUCTIONS OFFICE SUPPLIES PRINT BCOKS CATALOGED PAPER STOCK BCCKS CATALOGED BCOKS CATALOGED OUTSIDE PRINTING ECUIFMENT REPAIRS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NES AMOUNT 101.36 L87.23 161.1E 28.44 93.15 18.75 43.88 20.00 20.00 70.00 43.5C 590.CC 21.14 13.50 10.00 11.CC 729.91 45. CC 1B.CG 15.S6 22. OC 1.5C 15C.CC 21.18 30.00 4.8C 300.00 28.92 42.6S 37.85 15.00 9.00 269.13 17.6C 38.05 3,662.25 30.CC 11.0E 27.20 10.40 63.87 58.00 75.78 275.15 53.82 40.00 27.50 74.52 64.60 5.45 409.6C 177.50 10.6C 37.5C 655.00 CCU. IL LISTING FUND: GENERAL FUND VENDCR NAME GRINGEk fEEL C GRAIN GROSSET t DUNLAP INC. HACK BP.CThEFS HACH BROTHERS 1 HALOGEN SUPPLY CC. HARRY'S CUSTCM TROPHIES HARVARC BUSINESS REVIEW BILLIE PAUBER HAWKEYE MEDICAL SUPPLY HAWKEYE PEST CONTROL HAYEK, HAYEK, t hAYEK HEIMAN INC. HELM INC. L HOUSE OF COLLECTIBLES L ROBERT R. HOWELL 18M INFO PRESS INC. L INST. FOR MANAGEMENT INSTITLTE FOR RESEARCH INTERNATICNAL ASSOCIATICN INTERNATICNAL CITY INTERNATICNAL PERSCNNEL MGT. INTL. SCHOLARLY 800K SERVICESL IOWA BOCK E SUPPLY IOWA BYSTANCER I.C. ASSN. OF TNCEPENDENT I.C. ASSN. CF INCEPENOENT IOWA CITY CRAFTSPERSONS CLUB IC CRISIS INTERVENTION CENTER IC CRISIS INTERVENTION CENTER IOWA CITY PRESS CITIZEN IOWA CITY TYPEWRITER CO. L IOWA CIVIL LIBERTIES UNICN L IOWA ILLINOIS GAS t ELECTRIC IOWA ILLINOIS GAS t ELECTRIC L IOWA LUN8ER CO. IOWA STATE EAR ASSOC. IOWA STATE INDUSTRIES KENNETH IRVING KENNETH IRVING IRWIN VETERINARY CLINIC JANUS BOOK PUBLISHERS L JOHNSCN CONTROLS INC. JO. CO. COUNCIL CN AGING JO. CO. COUNCIL CN AGING JOHNSCN COUNTY RECORDER JChNSCN COUNTY S.E.A.T.S. JOHNSCN COUNTY SHERIFF JCHNSON PUBLISHING CO. L JCRM MICFOLAB K MART L KCJJ RADIO K.R.N.A. COMMUNICATIONS INC. K.X.I.C. RACIU STATION ROBERT KEATING C9/79 PROCUCT DESCRIPTICN ANCUNT PRIOR -YEAR ENCUNERANCES 45.00 PRINT 4.95 SANITATICN t IND. SUP. 607.67 SANITATION t IND. SUP. 47.00 WATER/SEWAGE CHEMICALS 13.20 RECREATICNAL SUPPLIES 441.00 BCCKS 21.00 TRAVEL 586.81 FIRST AIC t SAFETY SUP. 10.25 ECUIPMENT SERVICE 25.00 ATTORNEY SER. 1,547.36 MISCELLANEIOUS SUPPLIES 93.27 BOOKS CATALOGED 13.25 BCOKS CATALOGED 4.6E TRAVEL 79.55 TYPEWRITERS 841.5C BECKS CATALOGED 12.41 BOOKS 54.95 PRINT 12.54 BCOKS 54.0C REGISTRATION 146.75 DUES E MEMBERSHIPS 286.50 PRINT 31.15 EOUCA7IONAL/TRAINING SU 94.45 ADVERTISING 12.CC FIRE t CASUALTY INS. 39415.00 CITY VEHICLE -INSURANCE 28,063.CC DUES t MEMBERSHIPS 25.CC SOCIAL SERVICES 19875.0[ SCCIAL SERVICES 1,875.0C LEGAL PUBLICATICNS 747.1C OFFICE EQUIPMENT REPAIR 55.00 BCCKS CATALOGEC 14.25 NATURAL GAS 1,819.44 ELECTFICITY 1,E45.CC BUILDING C CONST. SUP. 568.C6 DUES C MEMBERSHIPS 75.00 CUTSICE PRINTING 726.C3 FCGC ALLCWANCE 25.CC FOOD ALLOWANCE 25.0C VETERINARY SER. 9.00 BCCKS CATALCGEO 3.60 REP. t MAINT. TO BLILCI 160.11 SCCIAL SERVICES 29268.83 YOUTH SERVICES 1,217.75 RECCRCING FEES 111.00 SCCIAL SERVICES 5,104.76 SHERIFF FEE 6.6C PRINT 11.0C TECHNICAL SERVICE 950.90 GAMES 4.34 ADVERTISING 360.0C ADVERTISING 440.00 ACVEPTISING 200.CO TRAVEL ACVANCE 60.00 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES i I M, e CCU L LISTING FUND: GENERAL FLING 09/79' VENOUk NAME PROCUCI DESCRIPTICN AMCUNT KEENE COIN HANCLING GENERAL ECUIPMENT KELLY hEATING SERVICE REP. E MAINT. TO BUILCI 954.C7 P.J. KENNEDY& SCNS L BCOKS CATALOGED 194.50 KEN'S LAWRENCE H. KINNEY BUILDING C CONST. SUP.39.50 203.81 KIFLINGER WAShINCTCN EDITCRS MEALS LBCGKS CATALOGED 22 62 KLINGER OFFICE SUPPLY E ECLIP. ECUIFMENT REPAIRS 5.00 KLIFTG PRINTING & OFFICE SLP. BOOKS MAGAZINES NEWSPAP 31.CO ARTHUR KLGOS FCCD ALLCWANCE 45.00 ARTHUR KLOOS FCGC ALLOWANCE 25.CC CENNIS KRAFT TRAVEL 25.00 PAUL LALRITZEN CCNSULTANT SERVICE85.30 LAWYERS COOPERATIVE PUB. CC. BCCKS 200.CC LEE COUNTY ShERIFF#S OFFICESHERIFF FEE 31.50 RICHARD LEE & CILEK MISCELLANEIOUS SUPPLIES 4.OG 104.CC iLENOCH LENOCH & CILEK MISCELLANEIOUS SLPPLIES 239.13 L A.M. LECNARC BUILDING & CONST. SUP. 9.55 TC CLS LEWIS MOTOR SUPPLY24.00 GENERAL EQUIPMENT L10RARIES UNLIMITEDPRINT 6.29 LINO ART SUPPLY L MISCELLANEIOUS SUPPLIES 24.95 LIND'S PRINTING SERVICE OUTSICE PRINTING 6.16 OLIN LLOYD BLILCING RENTAL 322.00 HENRY LCUIS INC. PHOTO CHEMICALS & SUP. 550.CC j HE NRY.LOUIS INC. L MISCELLANEIOUS SUPPLIES 30.86 MCKLVEEN & SCNS INC. MAC MILLAN CIL CC., TCCLS & MINOR ECUIPMENT 3.82 426.30 INC. MAINTENANCE ENGINEERING LTC. L SURFACING MATERIAL MISCELLANEICUS 365.40 THE MANET GUILD L SUPPLIES BCCKS CATALOGED 49.71 MANFCWER INC. MANPCWER INC. PROFESSICNAL SERVICES 16.95 102.30 i MERCY HCSPITAL PROFESSIONAL SERVICES 220.10 MERCY HCSPITAL X-RAYS X-RAYSMECICAL SER. 47.25 MERRIMACK BCOK SERVICE L BCCKS CATALOGED 22. BC MICWEST CALCULATOR OFFICE EQUIPMENT REPAIR 10.49 MIDWEST JANITCRIAL SERVICES TECHNICAL SERVICE 39.32 MIDWEST METAL PRCOUCTS BUILDING & CCNST. SUP. 287.00 MICWESTERN RAPER CO. OFFICE SUPPLIES 192.00 P.J. MIETH MFG. CC. 3 M PRIOR -YEAR ENCUMBRANCES 9.99 145.29 2.P.S,1. LSB 2643 L PRINTING SUPPLIES 3M CC. LS02643 L 3M CO. LSB2122 MISCELLANEICUS SUPPLIES 84.75 Lr575.00 MINNESOTA SIGNAL REP. & MAINT. SUP. 241.70 RUSS MISHAK AGENCY PRIOR -YEAR ENCUMBRANCES MCNTGOMERY WARD & CO. CCMPREHENSIVE LIAR. INS897.12 2272.86 MOCK G ELANCHARC OFFICE FURNITLRE/EQUIP. L HUGH MDSE, JR. BOOKS CATALOGED 26.70 MOTT5 DRUG STORE L ECUIPMENT SERVICE 22.5C MULFCRO PLUMBING E HEATINGREP. PRINT CF ELECT./PLBG. 60.60 MUNICIPAL CCOE CORP. PRIOR -YEAR ENCUMBRANCES 62.50 MURDER INK L BCGKS CATALOGED 594.04 NATIONAL CHEMSEAFCh T&T 38.64 NATIONAL CIVIL SERVICE LEAGUE DUES MEMBERSHIPSSUP. 106.72 NAT'L. FIRE PROTECTION ASSCC. BOOKS 90.CC NATICNAL RECORD PLAN L DISC 33.60 65.36 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 a e i CCU, tL LISTING FUND: GENERAL FLNC VENUGR NAME NAT'L. TECH. INFUR. SEkVICE 6.5C NATICNAL TEXTBOCK CO. 4.56 NEW RtACEHS PRESS L NORTHWESTERN BELL L OSCO URUG L PALS PHCGRAM 3944C.75 PALS PRCGRAM 39440.75 L.L. PELLING CO. 69261.23 PETERKA'S ANTIQLESECARE SFOP L PETERSEN'S COURT REPURTERS 32.52 PETERSENS PhOTOGRAPHIC L PHCTOGRAPHIC SPECIALTIES L ROY M. PITKEN M.C. 120.00 PITNEY ECWES 26.25 PITNEY BOWES L PLEASANT VALLEY ORCHARCS 29295.35 PLLS PUBLICATIONS 111.00 POPULAR SCIENCE BOOK CLUB L PRATT ECUCATICNAL MEDIA L BCNNIE FRUOCEN INC. L PYRAMID FILMS 47.00 QUALITY ENGRAVEC SIGNS 5.40 QUILL CORP. 29.51 QUILL CORP. L RAINTREE PUBLISFEPS GROUP L RECREATICN E AThLETIC PRCDUCTS 71.00 RECENT BCCK CC. L REGENTS CF TI -E U. OF CA. 6.00 REGNERY GATEhAY INC. L RESEAkCh TECFNOLCGY INC. 39.55 ROCCA WELDING E REPAIR 30.CC RCCKING CHAIR 9.85 RUSSELL'S TCWING 66.50 SAFLEY MCVING G STCRAGE 73.5C SAN VAL INC. 174.90 SCHOLASTIC BOCK SERVICES L SCHWAN(v RECCRO GLIDES L SEAMAN NUCLEAR CORP. 112.43 SECURITY ABSTRACT CO. 262.5C SHAY ELECTRIC 234.18 SILVER EURCETT L CARCL SPAZIANI 5.CC GEORGE SROCA L STANOARC E PVCR'S L STATE LIORARY CCMMISSICN 475.CC STEVE'S TYPEWRITER CO. 34.4C CAkCLE STEVENS L STILLWELL PAINT STORE 208.36 A661E STULFUS 12.00 JCHN R. SUCFCMEL 214.00 SUNSET MAGAZINE 3.00 SUPT. OF COCUMEKTS 105.00 TAX FCUNDATICK INCGRP. IO.CC TECHNIGRAPHICS INC. 367.20 C.S. TEPLER PL8LISHING CC. L CS/7S PRUCUCT DESCRIPTION AMCUNT BCCKS 6.5C BCOKS CATALOGED 4.56 BCOKS CATALOGED 4.00 TELEPhCNE LINE CHARGES 410.4C FIRST AID SUPPLIES 1.89 SCCIAL SERVICES 3944C.75 SOCIAL SERVICES 39440.75 ASPHALT 69261.23 BCCKS CATALOGED 4.CC PRCFESSICNAL SERVICES 32.52 PRINT 19.CC MISCELLANEICUS SUPPLIES 93.00 APPRAISEC SER. 120.00 OFFICE EQUIPMENT RENTAL 26.25 OFFICE EQUIPMENT REPAIR 88.50 AGRICULTURAL MATERIAL 29295.35 SUBSCFIPTION 111.00 BCOKS CATALOGED 25.IC EQUIPMENT REPAIRS 28.CC BECKS CATALOGED 5.95 L01) FILMS 47.00 OUTSICE PRINTING 5.40 MINOR OFFICE EQUIPMENT 29.51 OFFICE SUPPLIES 51.99 SCOKS CATALOGED 20.56 RECREATICNAL SUPPLIES 71.00 BOOKS CATALOGED 18.82 BCCKS 6.00 BCCKS CATALOGED 4.99 MISCELLANEIOUS SUPPLIES 39.55 REP. E MAINT. TO IMPROV 30.CC PRINT 9.85 TOWING 66.50 MISCELLANEOUS 73.5C TECHNICAL SERVICE 174.90 BCCKS CATALOGED 1.50 PRINT 4.95 PRIOR -YEAR ENCUMBRANCES 112.43 PROFESSICNAL SERVICES 262.5C REP. E MAINT. TO EUILCI 234.18 PRINT 47.01 REGISTRATION 5.CC BOOKS CATALOGED 4.70 PRINT 49.CC DUES E MEMBERSHIPS 475.CC EQUIPMENT REPAIRS 34.4C BOOKS CATALOGED 22.5C PAINT G SUPPLIES 208.36 EDUCATIONAL/TPAINING SU 12.00 TECFNICAL SERVICE 214.00 PRINT 3.00 BCCKS 105.00 PRINT IO.CC OFFICE SUPPLIES 367.20 OTHER UNCATALCGEC MAT. 5.55 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 0 CCU.^.L LISTING FUND: GENERAL FUNC VENDOR NAME THCRARC CO. TIME U.S. COMMITTEE FOR UNICEFF U.S. DEPT. CF CCMMERCE U.S. LEASING U.S. POST OFFICE U.S. POST OFFICE U.S. POST OFFICE U.S. RADIO CATA INC. UNIFLRM DEN, INC. UNION BLS CEPGT UNITEC ACTICN FOR YOUTH UNITED ACTICN FCR YCUTF. UNIVERSITY CF IOMA UNIVERSITY OF ICMA HOSPITALS UNIVERSITY CF 1G6A HOSPITALS WAGNER-FCNTIAC WALL STREET JOURNAL WASHINGTCN PARK INC. WEE WASh IT WEE WASH IT WELT AMERISCO INSURANCE WELT AM8RISCG INSURANCE WEST PUBLISHING CO. WHCLESALE TURF CORP. WITT'S FIRE ECUIPMENT WOLF CCNSTRLCTICN RAYMCND E. WOMEACHER RAYMCND E. WCMEACHER WORLD BLSINESS iEEKLY YOLTF FLMES INC. NELLE NEAFIE DENNIS CALLAS HARRIET CEAN HARRY FCREST MAkICN JCNES JR. PAULETTE SHULTY HILDA HOWELL ROBERT CAVIL SCOTT JEFF LEAMAN HAMER LTC. RICHARD HANSEN DENNIS CLAIRE ELLIS PAUL GILROY MRS. ICA SLEEKER TCM BOGS JIMSA-LCVETINSKY9 LTD. JCE JCHNSTCN, ATTCRNEY CS/7S PRODUCT UESCRIPTICN AMOUNT RENTALS 3.72 SUBSCRIPTION 29.5C SLICE'_ 6 SLICE SETS 4.00 PAMPHLET FILE MATERIALS 50.00 L OFFICE ECUIPMENT RENTAL 30.06 POSTAGE 95.00 BULK MAILING 216.4C POSTAGE 6920O.CC L POSTAGE 95.00 PRICR-YEAR ENCUMBRANCES 29478.7C MISCELLANEOUS 31.55 SOCIAL SERVICES 5,COC.CC SOCIAL SERVICES 29500.CC L WCRK STUDY WAGES 311.37 JUDGEMENT E CAMAGES 58.00 MEDICAL SER. 32.92 VEHICLE REPAIRS 19263.94 SUBSCRIPTION 99.00 BUILDING RENTAL L9463.00 LAUNDRY SERVICE 164.70 LAUNOFY SERVICE 179.7C NCTARV BOND 75.00 NOTARY BOND 55.CC ADVERTISING 312.45 AGRICLLTLRAL MATERIAL 120.CC PRIOR -YEAR ENCUMBRANCES 92.39 OPERATING EQUIPMENT 16,500.00 FOOD ALLOWANCE 25.CC FCCC ALLCWANCE 25.CC SUBSCFIPTICN 19.95 SOCIAL SERVICES 49CCO.CO PROF-eSSICNAL SERVICES 100.00 WITNESS FEE 5.00 REFLNC 2•CC REFLNC 9.CC REFLNC 40.CC REFUNE 30.00 LANG PRUCHASE 80.00 JUDGEMENT C DAMAGES 150.CC REFUNC 6.00 REFLNC 75.00 REFLNC 40.CC REFLNC 18.75 PROFESSIGNAL SERVICES 65.00 REFUNC 56.00 WITNESS FEE 5.00 REFLNC 211.25 JUDGEMENT 6 DAMAGES 69599.00 FLND TOTAL 1819462.13 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES i i CCIn IL LISTING C9/79 FUND: CERT SERVICE FUNC VENDLk NAME PROCUCT DESCRIPTION IST N ATIL BANK OF S10W CITY GENERAL MID. BCNC INT IOWA STATE BANK GENERAL 08LIG. BDNC INT FUND TCTAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES AMCUNT 318.75 881.25 Lr200.CC i 1 i i I 1 i f 1 1.: I i r 1 i 1 � 1 1 i i f i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES AMCUNT 318.75 881.25 Lr200.CC i I . CCU. ^.L LISTING C9/79 FUND: LAPITAL PROJECT FUKCS VENOCR NAME PRODUCT DESCRIPTICN AMCUNT AMES ENGINEERING E TESTING MANANGMENT SERVICE 99219,52 ASSUCIATED ENGINEERS CCNSULTANT SERVICE 149158.3C BEFNARL BELL L REP. E MA1NT. TC BLILCI 48.78 BROThER5 TREE SERVICE ECUIFMENT SERVICE 19920.5C RObERT BURNS E ASSCC. ARChITECTURAL SEF. 59373.47 G.L. SYSTEMS, INC. L OPERATING EQUIPMENT 19.36 JIM COLLINS ECUIFMENT SERVICE 19340.00 DES MOINES REGISTER L TRIBUNE LEGAL PUBLICATICNS 244.CC HANSEN, LINC G MEYER ARCHIIECTURAL SER. 229287.9C HANSCN CCNCRETE CAPITAL IMPROVEMENT 709414.74 j VIGGO M. JENSEN CC. CAPITAL IMPROVEMENT 7869840.29 JACK E. LEAMAN CAPITAL IMPROVEMENT 44.5C METRC PAVERS CAPITAL IMPRCVEMENT 2689355.36 OZARK AIRLINES MISCELLANEOUS 4.50 PLEASANT VALLEY CFCHARCS CAPITAL IMPROVEMENT 436,42 ROBERT I-. RCHLF CCNSULTANT SERVICE 19205.18 ROBERT h. ROHLF ARCHITECTURAL SER. 39240.CC SUIL TESTING SERVICES CF ICMA ENGINEERING SER. 335.00 D.L. TAYLOR CO. CAPITAL IMPRCVEMENT 531.00 UNITED CCNTRACTCRS CAPITAL IMPROVEMENT 59791.85 VEENSTRA G KIMM ENGINEERING SER, 39698.36 CARL BALKER G ASSCC. ENGINEERING SER. 149443.01 WINEGAR APPRAISAL CO. APPRAISEC SER. 920.CC WINEGAR APPRAISAL CO. APPRAISED SER. 360.CC MAYNE YODER SAWMILL APPRAISED SER. 50.00 FUND 70TAL 192119282.04 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES L : CCU. .L LISTING (39/79 FUND: ENTERPRISE FLNDS VENUCR NAME PRODUCT CESCRIPTICN AMCLNT AERO RENTAL INC. TCCLS E ECUIPMENT RENT 729.32 AIR CULLED ENGINE SERVICES EQUIPMENT REPAIRS 10.85 ALLIED CHEMICAL CCRP. ALUMINUM SULFATE 39412.5f hARRY ALTER C SCNS PRICR-YEAR ENCUMBRANCES 106.CC ANSWER ICWA INC. PAGING 31.7C APACHE HOSE C RUE8ER INC. PRICR-YEAR ENCUMBRANCES 214.06 APACHE HCSE E KU28ER INC. MISCELLANEIOUS SUPPLIES 219.37 AUTCMATIC SYSTEM EQUIPMENT REPAIRS 148.56 BCNTkAGER MACHINE C WELDING GENERAL ECUIPMENT 16.35 CEDAR RAPICS GAZETTE ADVERTISING 162.36 CERTIFIEC LABCRATCRIES SANITATICN C IND. SLP. 262.65 CHICAGO RCCK ISLAND E PACIFIC RENTALS 54.CC IOWA CITY PETTY CASH TECHNICAL SERVICE 42.63 IOWA CITY PETTY CASH TEChNICAL SERVICE 54.84 SEWER RESERVE ACCT. BCNO CROINANCE TRANSFER 129000.00 WATER BGNC E INTEREST kESERVE BCNO CROINANCE TRANSFER 309COO.00 COMMERCIAL TCMEL LAUNDFY SERVICE 204.65 COMMERCIAL TOWEL LAUNDFY SERVICE. 41.70 CCNTFACTGRS TCOL E SUPPLY MISCELLANEIOUS SLPPLIES 105.93 CCNTROL CATA COPP. EQUIPMENT REPAIRS L931LOC CULLIGAN WATER CCNCITICNING TOOLS E ECUIPMENT RENT 32.00 DEECC INC. MISCELLANEIOUS SUPPLIES 215.4C ALBERT CCLEZAL SAFETY SHOES 15.00 ECCNCMY ACVERTISING OUTSICE PRINTING 29780.65 ELBERT C ASSOCIATES CGMFUTER PROCESSING 220.CC ELECTRIC MCTORS OF ECUIFMENT REPAIRS 230.06 FANUEL ELECTRIC ECUIPMENT REPAIRS 29.5C FLEETWAY STCRES BUILDING 6 CCNST. SUP. 162.60 INC. AGRICLLTLRAL MATERIAL 66.96 iFOSTER'S GOODWILL INCUSTRIES MISCELLANEIOUS SUPPLIES 39.00 CECIL GCRSH G SCNS PRICE -YEAR ENCUMBRANCES 49403.73 l GRAPHIC CCNTFCLS CORP. MISCELLANEIOUS SLPPLIES 56.95 I GRIFFIN PIPE PRCCLCTS IMPROVEMENT MATERIAL 89224.50 HACH CHEMICAL CO. LAB. CHEMICALS G SUPPLI 111.56 IBM OFFICE ECUIPMENT REPAIR 41.17 1I IOWA HEARING CO. INC. GENERAL ECUIPMENT 67.65 j IOWA 800K E SUPPLY OFFICE SUPPLIES 3.35 i IOWA BYSTANCER LEGAL PUBLICATIONS 24.0C R ICWA CITY FLYING SERVICE A. TECHNICAL SERVICE 120.CC IOWA ILLINOIS GAS E ELECTRIC ELECTRICITY 11,835.95 IOWA ILLINCIS GAS E ELECTPIC A ELECTRICITY 468.47 IOWA LUMBER CC. MISCELLANEIDUS SUPPLIES 184.75 JOHNSON CCUNTY TREASURER PROPERTY TAX 3020.54 K MART SURFACING MATERIAL 39.8E KEN'S SANITATION E IND. SUP. 66.91 LINWOOD STCNE PFCCUCTS HYCFATEO LIME 2,101.71 MCCA8E ELUIPMENT CC. INC. OPERATING EQUIPMENT 493.75 MCKESSLN CHEMICAL CO. PRIOR -YEAR ENCUMBRANCES 882.5C MCNTGOMERY WAFU 6 CO. BUILDING 6 CONST. SUP. 88.2C NORTHWESTERN DELL A. TELEPHCNE LINE CHARGES 7.60 RCNALD PERRY SAFETI SHOES 15.00 PICNEER CO. PRIOR -YEAR ENCUMBRANCES 231.82 PRO SPECIALISTIES INC. WATER/SEWAGE CHEMICALS 461.17 QUAD CITY'S TIMES ADVER71SING 113.22 SARCENT-WELCH SCIENTIFIC PRIOR -YEAR ENCUMBRANCES 238.77 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES i I I I i y FUND: ENTERFRISE FUNDS f � � SEARS RCEBUCK E CO. I 2.9C I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i i I CCUi tL LISTING 09/79 FUND: ENTERFRISE FUNDS VENOCR NAME PRODUCT DESCRIPTICN AMCUNT SEARS RCEBUCK E CO. GENERAL ECUIPMENT 2.9C SHAY ELECTRIC REP. E MA1NT. TO IMPROV 247.93 SPARLING ENVIROTECF GENERAL EQUIPMENT 242.61 STATE TREASLRER CF IOWA SALES TAX 2.678.E5 STCCKMAN APPLICATCRS HAULING 510.00 UNIVERSITY OF IOWA PRIOR -YEAR ENCUMBRANCES 340.CC WALLACE 6 TIERNAN ECUIPMENT REPAIRS 343.15 WATER PRODUCTS PLRCHASES FOR RESALE 98.46 WATERLOO DAILY CCURIER ADVERTISING 105.75 M.B. WATSON TECHNICAL SERVICE 125.0C JAMES A. WELLS SAFETY SHOES 15.0C WENGER REFRIGERATICN REP. C MAINT. TO BLILCI 28.00 WESCO GENERAL EQUIPMENT 189.0C ZIMMER E FRANCESCCN MINOR EQUIPMENT 332.63 STEVE STIMMEL REFUNC 1.51 EVELYN SNYDER REFLNC 5.C8 BURTCN FFANTZ REFLNC 2.13 FRED MCCRE REFUNC 2.54 ELANCR WARNER REFLNC 3.60 MYRTLE AVE. PFOP. REFUNC 6.16 FRANK SEIBERLING REFUNC 2.30 MICHAEL WAVERING REFLNC 51.52 M.H. AFRA REFLNC 46.20 W.L. CCNKLIN JU'OCEMENT L CAMAGES 52.CC JIM CLARK REFUNC 7.31 MARLA GLY REFUNC 48.00 CFERYL WALTERS REFUNC 17.27 CHUCK MELIEN REFLNC 14.C6 JOHN ECKRICh REFUNC 10.49 RANDY KASTENCIECK REFLNC 1.57 BEVERLY NUECFTER REFUNC 3.86 DAVID SHLTT REFUNC I.E6 RICHARD GALLAGHER REFUNC 9.25 TCM MARTIN REFUNC 2.57 EMMETT.FCTTER REFLNC 38.52 EARL YODER REFUNC 3.C3 DICK BREAZEALE REFUNC 3.15 BURT FFANTZ REFLNC 11.93 ANCREW FUMPFRIES REFUNC 3.C4 FUNC ICTAL 929534.2C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i i I LCU'.l�;L LISTING 09/79 f FUND: TRLST G AGENCY FLN'DS VFNUCR NAME PROCUCT DESCRIPTION AMCUNT SARA UATEMAN PRGFESSICNAL SERVICES 35.GC BEANS QUALITY BILLIARDS OFFICE FURNITLRE/ECUIP. 1.100.00 CLARKOS CARPETS OFFICE FURNITURE/EQUIP. 4#8OO.CC FROHWEIN SUPPLY CC. OFFICE FURNITLRE/ECUIP. 11996.00 FROHWF.IN SUPPLY CC. OFFICE FURNITLRE/ECUIP. 26#C18.8E MARILOU GAY MISCELLANEIOUS SUPPLIES 62.24 hAGENIS FURNITURE E TV PRICP-YEAR ENCUMERANCES 333.00 HARVEY W. hENRY ARCHITECTURAL SER. 69CCO.00 IBM OFFICE FURNITLRE/EQUIP. 780.CC INTERSTATE SFCPPER ADVERTISING 48.26 ICWA MACHINERY E SUPPLY OFFICE FURNITURE/EQUIP. 3#489.00 I.P.E.R.S. IPERS 17#910.CC I.P.E.R.S. FICA 23#734.76 L. H. JACQLES# M.G. MEDICAL SER. 15.CC JC. CO. ABSTRACT E TITLE CC. -INC. TECFNICAL SERVICE 77,06 LA RUE CISTRIEUTINC MISCELLANEIOUS SUPPLIES 133.56 LA RLE DISTRIBUTING INC. MISCELLANEICUS SUPPLIES 16.94 LENOCH S CILEK PRIOR-YEAR ENCUMERANCES 71.58 LINO ART SUPPLIES OFFICE FURNITLRE/EQUIP. 19285.00 hENRY LCLIS INC. OFFICE FURNITLRE/ECUIP. 482.78 MEANS AGENCY APPRAISED SER, 250.CC MEDICAL ARTS SURGICAL SUPFLY OFFICE FURNITURE/ECUIP. 1#454.10 PIERSON WHOLESALE FLORIST MISCELLANE[CUS SUPPLIES 168.40 PIGOTT INC. OFFICE FURNITLRE/EQUIP. 49993.CC PICKER Co. OFFICE FURNITURE/ECUIP. 2#519.89 PLANNED ENVIkCNMENiS ARCHITECTURAL SER. 174.84 PLEASANT VALLEY CRCHARES OFFICE FURNITURE/ECUIP. 29489.00 i ASHA PUV TREE TRIMMING 100.00 PRATT ECUCATICNAL MEDIA L PRIOR-YEAR ENCUMBRANCES 484.00 I+ SAXTON INC. OFFICE FURNITURE/EQUIP. 9#870.00 . SLAGER'S HARCWARE E APPLIANCE OFFICE FURNITURE/ECUIP. 960.00 WEFNER NOWYS2 E PATTSCHULL ARCHITECTURAL SER. 827.6C i ! WEST MUSIC CO. OFFICE FURNITURE/EQUIP. 1r350.CC WEST SIDE SEWING MACHINE OFFICE FURNITLRE/EQUIP. 1#112.00 YOUNKERS OFFICE FURNITURE/EQUIP. 179317.5C i f FUND TOTAL 132.459.33 i 1 I i i f I j 1 I MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS-DES IIOINES CCL,` iL LISTING C9/79 FUND: INTRAGOVERNMENTAL SERVICE FUNCS < VENOCR NAME PROCUCT CESCRIPTION AMCLNT RALLY ACAMS TRAVEL ADVANCE 119.50 ACVANCEC AUCIC ENGINEERING RENTALS 61.00 AHERN-PERSHING CFFICE SLPFLY OFFICE SLPPLIES 416.45 JAMES W. BELL CC -9 INC. GENERAL EQUIPMENT 1,102.24 NEAL G. BERLIN TRAVEL ACVANCE 50.00 BOATELS REIMBLRSABLE TRAVEL 285.00 BOATELS REIMBLRSABLE TRAVEL 60.60 JIM BRACHTEL TRAVEL ACVANCE E4. CEDAR RAPICS GAZETTE ADVERTISING 477.5522 i CHARTER COACHES INC. REIMBLRSABLE TRAVEL 1,156.60 PETTY CASH-RECREATIGN CENTER REIMELRSABLE TRAVEL 34.42 CLINE TRUCK C EQUIPMENT BUSES 32.68 CCNTRACTCRS TCCL L SUPPLY TCCLS C MINOR EQLIPMENT 168.1E CAVENPORT SPRING CC. INC. GENERAL ECUIPMENT 129.70 CICTAFHCNE OFFICE EQUIPMENT REPAIR 33.33 EUGENE A. DIETZ TRAVEL ACVANCE 420.00 j MARYLEE DIXCN LCCAL MILEAGE 49.55 CWAYNES ALTOS -LIGHT TRUCKS 75.0C ELBERT L ASSOCIATES CCMFUTER PRCCESSING 400.GC GARY EMBREE TOOLS C MINOR EQLIPMENT 50.00 ERBS OFFICE SERVICES OFFICE SUPPLIES 35.70 FLEETwAY STORES TCCLS C MINOR EQLIPMENT 22.39 DAN FOUNTAIN TCOLS C MINOR EQLIPMENT 50.0C JOHN FUHPMEISTEk TCOLS C MINOR EQUIPMENT 50.0C CHARLES GAELS FORD BUSES 97.64 GRUMMAN FLXIBLE CO. BUSES 370.45 THCMAS HANSEN REFUNC 75.CC HARRY•S CLSTCM TROPHIES RECREATIGNAL SUPPLIES 280.50 HARTWIG MCTCRS INC. VEHICLE REPAIRS 95.31 HALSMAN BLS PARTS CO. BUSES 569.73 HAWKEYE STATE BANK TRANSFER 215x459.96 HAWKEYE STATE BANK TRANSFER 215x855.25 HICKLIN POWER CO. BUSES 7x984.92 4.51 TFE HIGHSMITH CO. L OFFICE SUPPLIES 67.5C IBM OFFICE SUPPLIES IBM 1 OFFICE ECUIPMENT RENTAL 753.35 i' INTEFNATICNAL HAFVESTER CC. 2 TCN TRLCKS 104.04 IOWA ELECTRIC WELLING CO. VEHICLE REPAIRS 1,127.34 IOWA LUMBER CC. TOOLS 9.35 IOWA SSTP UNIV. CF IOWA REIMBURSABLE TRAVEL 230.00 K MART 2 TCN TRUCKS 2.15 KAR FROCUCTS MISCELLANEIOUS SUPPLIES 1,412.47 KENS MISCELLANEIGUS SUPPLIES 208.23 i"KRALL CIL CO. FLELS 159665.66 GREGG KRLSE 1 I I DCN JUJACZYNSKI REFUNC TCCLS C MINOR EQUIPMENT 75.0C 50.CC H.B. LEISEROWITZ CO. MISCELLANEIDUS SUPPLIES 138.80 MAC TCLILS TCCLS 161.10 " OCNNAPLL MAC CANN L PRGFESSICNAL SERVICES 150.CC MAINLINE ECUIFMENT INC. GENERAL EQUIPMENT 68.27 • MARV'S GLASS BUILCING C CONST. SUP. 107.43 'i MIDWESTERN P06ER PRODUCTS STREET/SANITATICN EQUIP 222.52 MODERN BLSINESS SYSTEMS OFFICE ECUIPMENT RENTAL 865.53 JERRY MLMFORD REFLNC 75.GC 120.16 t NATIONAL CHEMSEARCH FLUICS, GASES, OTHER 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES r CCLi :L LISTING 09/79 FUND: INTRACOVEkNMENTAL SERVICE FUNCS VENDCR NAME NOkMCYL E -BERG OLE CAPITOL MCTCkS OLD DCMINICN NRLSH BILL PEAK FICNEER CO. POWER ECUIPMENT INC. PkGFESSICNAL MUFFLERS INC. CULL CCPP. STEVE REICHARL'T TERRY REYNOLDS ROCCA WELDING G REPAIR RUSSELLOS TOWING ANGELA RYAN KIRK SCHRCCK SEARS ROEBUCK G CO. I DENNIS E. SHOWALTER STANCAR.0 STATIONERY SUPPLY CO GARY STEVENS DARWIN SMARTZENDPUBER TELHNIGRAPHICS INC. VUELKERS OFFICE FRCOUCTS WECO E14GINEERING SALES HAZEL WESTGATE XEROX CCPP. XEROX CORP. XEROX CCRPORATICN L COLLEEN SCHCO MARK R. HENNING KEVIN EARTLING FRANK DEPIRRU PETE EIERE MARTIN BERANEK JANICE GNADE JACQUELINE CUNBAP PAUL S. JCHNSCN AVERY T. SHARP MARIANE SALCETT PAUL ZACCh MARY PRANCY JEFF BELL PETER FRCEHLICH RCBERT MOLSBERRY GLGRIA WENTfE ARCHIE KUEHN CCNALO TCMPKINS MARK DAVIOSCN CANDY RITLMAN PATRICIA CAkRGLL BETH HOOVER KAREN L. TYNEI PAUL POSEY DAN NOLLSCH JGHN D. NEWLIN CHAC SELLERS BRAD BEATTY PROCUCT DESCRIPTIGN CAPITAL IMPRCVEM.ENT PRIOR -YEAR ENCUMBRANCES STREET/SANITATICN ECUIP TCOLS G MINOR EOLIPMENT OFFICE SUPPLIES GENERAL ECUIPMENT VEHICLE REPAIRS OFFICE SUPPLIES TCCLS C MINOR EQUIPMENT TCCLS C MINOR EQUIPMENT GENERAL ECUIPMENT VEHICLE REPAIRS TRAVEL ACVANCE TCCLS MISCELLANEIOUS SUPPLIES TRAVEL ADVANCE OFFICE SUFPLIES TCCLS G MINOR EQUIPMENT TCCLS G MINOR EQUIPMENT OUTSICE PRINTING OFFICE SUPPLIES GARBACE TRUCKS PROFESSIONAL SERVICES PAPER STOCK nFFICE ECUIPMENT RENTAL OFFICE EQUIPMENT RENTAL REFUNC REFUNC REFLNC REFUNC REFUNC REFLNC REFLNC REFLNC REFUNC REFLNC REFUNC REFUNC REFLNC REFUNC REFUNC REFUNC REFLNC REFUNC REFLNC REFUNC REFLNC REFLNC REFUNC REFLNC REFLNC REFUNC REFLNC REFLNC REFUNC MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110IRCS AMCUNT 129802.23 Sr945.89 789.75 50.00 89.75 96.76 B.00 452.25 50.00 50. CC 155.50 7.50 534.00 50.CC 31.56 15.0C 46.18 50.00 50.CC 102.77 130.65 12.32 300.60 698.60 660.12 520.48 7.56 13.48 3.21 6.1C 17.72 15.18 17.29 20.54 32.C5 16.70 10.94 6.16 5.42 19.24 19.24 18.56 20.26 2.30 2.03 3.18 L3.06 7.64 10.26 21.83 10.95 3.15 20.09 14.10 20.94 N a !1 CCU,. IL LISTING FUND: INTRAGOVERN MENTAL SERVICE FLNOS VENOCR NAME JOHN D. ANUERSCN NANCY PELECFEK CCNALO ELHF.RT ALI NOURIAN GLENCA GILL FRED L. GODCAR CAVIC STOODARG MIKE RASMUSSEN JERRY CILEK ANDREW hUMPhRIES EULENSPIEGEL FUFFET TFEATRE COMMEDIA THEATRE CC. GOOD MUSIC AGENCY GREG 8RChN STEVE LAMPE DAVE FIARICE TOM FERRING I PINK GRAVEY i MARGE GURLL DAVE OLIVE COLLEGIUM MUSICUM STEVE BISSELL BUB SLATER JOHN SWINTON DAVID LhRATKIEWIAZ MARK ADYNIEC SALT CREEK WARREN hANLCN MARY MLCARTNEY DAVID A. CHRISTENSCN BOB SOL13ERG JEFF KRUKCSKI ROD GALLO NANCY COLRTNEY KANES DEFCT GREG GROSS LEROY FCRTMANN DAN GOGERTY KAThY J. CGYLE PHIL BRENNEMAN DAVE RENTER ERUCE AEAMS ANGIE O#RCUPKE MANFCRD STEFFER KEVIN KANYA CINDY HARRI SCN TRACY L. LAIR RONALD JACOPS JERRY REESE ALLEN HANNAY JERRY P.ARNES ANN CHRISTIANSEN FRANK CUMMINGS WM. T. BCWEN LYNN MCLAURY C9/7S PRODUCT DESCRIPTION ANCUNT REFUNC 6.71 REFUNC 4.17 REFLNC 13.31 REFLNC 7.C5 REFUNC 14.25 REFUNC 7.84 REFLNC 16.20 REFUNC 14.84 REFUNC 40.00 REFUNC 14.14 PRCFESSICNAL SERVICES 60.00 PPOFESSICNAL SERVICES 350.0C PROFESSIONAL SERVICES 80.00 PROFESSIONAL SERVICES 30.00 PRCFESSICNAL SERVICES 30.CO PROFESSIONAL SERVICES 30.CC PROFESSICNAL SERVICES I5O.00 PROFESSICNAL SERVICES 200.00 PROFESSIONAL SERVICES 30.CC PRCFESSICNAL SERVICES 125.00 PROFESSICNAL SERVICES 75.CC PROFESSIONAL SERVICES 30.00 PROFESSIChAL SERVICES 125.CC PROFESSIONAL SERVICES 30.00 PROFESSICNAL SERVICES 30.00 REFUNC 19.64 PROFESSICNAL SERVICES 320.00 PROFESSICNAL SERVICES 200.CC REFUNC L0.80 REFLNC 19.33 REFUNC 16.02 REFUNC 20.34 REFLNC 12.66 REFLNC 8.78 REFUNC 13.01 REFLNO 9.71 REFUNC 6.9C REFUNC 13.18 REFLNC 11.96 REFUNC I.E1 REFLNC 13.31 REFUNC 18.5E REFUNC 11.75 REFLNC 16.39 REFLNC 24.64 REFUNC 30.6C REFLNC 3.61 REFUNC 10.10 REFLNC 6.71 REFUNC 15.18 REFUNC 17.47 REFUNC L5.18 REFLNC 15.18 REFLNC 10.10 REFLNC 8.4C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES R ■i a c I t i I CCL..IL LISTING C9179 FUND: INTRAGOVERNMENTAL I SERVICE FUNDS 1 I !I i I i REFUNC u MARY BREKKE REFLNC f I f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIRES AMCUNT 16.02 9.24 20.14 17.56 4.64 17.54 13.15 19.24 3.72 6.C3 17.55 6.27 8.4S 15.01 30.CC 60.CC 50.00 104.73 36.CC 44.62 25.00 30.00 25.CC 4989997.50 CCL..IL LISTING C9179 FUND: INTRAGOVERNMENTAL I SERVICE FUNDS VENDCR NAME PRODUCT DESCRIPTICN PETER HAKES REFUNC MARY BREKKE REFLNC MIRIAM FOFFMAN REFLNC CHARLES N. CUNCAR REFLNC HERBERT M. LYMAN REFLNC KAREN HOPP REFLNC GREGCRY WATKINS REFLNC CHRISTOPHER MERRITT REFUNE WENOELL LEISINGER REFUhC LINCA VECEPO REFLNC STEVEN KLINE REFLNC KATHLEEN MANGAN REFLNC KEVIN MIMMS REFLNC JAMES WEYH.ENMEYER REFUNE CIANA BARTLETT REFLNC MARK EVANS PROFESSICNAL SERVICES GREG BROWN PROFESSICNAL SERVICES GEORGIA LCCKINGBILL REIMBLRSABLE TRAVEL BE77Y MAHER REFUNE NORLCSTCO RENTALS TIM BELLOWS PROFESSIONAL SERVICES JEFF LEAMAN PROFESSICNAL SERVICES CARCL TFCMAS PROFESSICNAL SERVICES FUNC TOTAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIRES AMCUNT 16.02 9.24 20.14 17.56 4.64 17.54 13.15 19.24 3.72 6.C3 17.55 6.27 8.4S 15.01 30.CC 60.CC 50.00 104.73 36.CC 44.62 25.00 30.00 25.CC 4989997.50 CCU'. iL LISTING FUND: SPECIAL ASSESSMENT FUND VENDOR NAME PROCUCT DESCRIPTION AHLERS,CCCNEYP DOR%EILER ET.AL ATTCPNEY SER. FUND TOTAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140114ES C9/79' AMOUNT 478.04 478. C4 m o i i i MISCELLANEIOUS SLPPLIES I PRICR-YEAR ENCUM2RANCES 50.00 REGI51RA71GN 19.50 CCUI�L LISTING FUND: SPECIAL REVENUE FUND VENDOR NAME IOWA CITY PETTY CASH IOWA CITY PETTY CASH ECCNCMY ADVERTISING MIKE FLAHERTY JC. CO. ABSTRACT D TITLE CC. JORM MICPOLAB EUGENE OR CLARA PARSONS ANC QUAD CITY'S TIMES SECURITY ABSTRACT CO. SONDRA SMITH AND STANLEY CCNSULTANTS SUPT. OF DOCUMENTS WHOLE EARTH GENERAL STORE MARTIN HISCOCK MARGUERITE GINGERICH ANNA OR MELVIN GREAZEL ANL RUTH CURER ANC HILCA LCNG ANC LARRY RICINGER JAMES PARSCNS ANDY HUNTER CARL FREEMAN ASSISTED HOUSING - SECTION 8 VARIOUS LANDLORDS DALLAS MEIER LAKESIDE PARTNERS PAUL CHRISTIAN JOSEPH FENNELL ROBERT FOX ROBERT FOX DWIGHT HUNTER LAKESIDE PARTNERS LAKESIDE PARTNERS LAKESIDE PARTNERS Le CHATEAU APARTMENTS MARISSA APARTMENTS MARISSA APARTMENTS LOIS PETERSON VIOLA SPRINGER ROOT. WOLF 09/79 PROCUCT CESCRIP71ON AMCLNT FILM 4.1E MISCELLANEIOUS SLPPLIES 36.1C PRICR-YEAR ENCUM2RANCES 50.00 REGI51RA71GN 19.50 APPRAISED SER. 45.00 TECHNICAL SERVICE 19271.0E BLILDING IMPROVEMENTS 19406.00 ADVERTISING 103.23 APPRAISED SER. 750.00 PROFESSIONAL SERVICES 49688.00 ENGINEERING SER. 700.21 BECKS 7.50 MISCELLANEIOUS SLPPLIES 23.12 REFUNC 28.00 BUILDING IMPROVEMENTS 622.78 BUILCING IMPROVEMENTS 19498.00 BUILCING IMPRCVEMENTS 980.CC BUILDING IMPROVEMENTS 291C9.00 CAPITAL IMPROVEMENT 6.91 CAPITAL IMPRCVEMENT 11.18 CAPITAL IMPROVEMENT 13.33 CAPITAL IMPROVEMENT 13.33 FUND TOTAL 149588.45 RENT 44,830.00 RENT 96,00 RENT 100.00 RENT 141.00 RENT 140.00 RENT 56.00 RENT 20.00 RENT 11.00 RENT 134.00 RENT 145.00 RENT 101.00 RENT 30.00 RENT 185.00 RENT 185.00 RENT 148.00 RENT 68.00 RENT 76.00 FUND TOTAL $46,466.00 GRAND TOTAL $ 2,179,467.69 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1 RESOLUTION NO. 79-501 RESOlVrION ACCEPTING SANITARY SEWER IMPROVEMENTS IN KINGDOM SUBDIVISION WHWM, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Kingdom Subdivision as constructed by Knowling Brothers of Sharon Center, Iowa. AND MEREAS, Maintenance Bonds for Knowlina Brothers are on file in the City Clerk's Office, NOW 'rHEBBFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said inprovements be accepted by the City of Iowa City. It Was moved by Perret and seconded by Robe that the Resolution as r aaaep , and upon roll call ere were: .r— MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES MIS AYES: NAYS: ABSENT: BALMER R DEPROSSE x _ ERDAHL x NEUHAUSER x _ PERRET x _ ROBERTS % VEVERA x Passed and approved this 23rd day of October19 79. Mayor ATTEST: 2zz �4� City Clerk Received d Approved By Th- Legal Department _/e - if -71 .r— MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES MIS ra ! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES _i l ENGINEER'S REPORT l .... �i October 16, 1979 i To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. 1 Sanitary sewer for Kingdom Subdivision as constructed _ I by Knowling Brothers of Sharon Center, Iowa. (, I hereby recommend that the above improvements be accepted by the ' City of Iowa City. i Res If full (submitted, �jne A. Dietz, P.E. lk City Engineer r EAD/DG/jp if n � 3 I ! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i l .... �i ! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i y. ! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES - if ': � To y� J " x. & (INT csaaxx�� • iaMA. MAINTENANCE BOND Knots all men by theje prejent.4 That KNOWLING BROS. CONTRACTING CO. of Iowa City Iowa as Principal, and the UNITED FIRE & CASUALTY COMPANY, AN IOWA CORPORATION of CEDAR RAPIDS, IOWA, and authorized to do business in the state of Iowa as Surety, are held and firmly bound unto the CITY OF IOWA CITY IOWA in the penal sum of TWELVE THOUSAND NINE HUNDRED TWENTY TWO AND 94/100 ---------- (�] DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 11th day of October A. D. 19 2 with Howard K. Linn, Iowa City, Iowa Whereas, the said Principal entered Into a certain contract,/dated the 18th day of Anri 1 , 197R , to furnish all the material and labor necessary for the construction of i a Sanitary Sewer on Emerald Street in Kingdom Hall Subdivision, Iowa City, Iowa, I ! In conformity with certain specifications; and t Whereas, a further condition of said contract Is that the said Principal should furnish a bond of Indemnity, guaranteeing to remedy any defects In workmanship or materials that may develop in said work with a period of -- tW0 i2) years from the date of acceptance of the work under said contract; and Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said CITY OF IOWA CITY IOWA j as aforesaid; Now, Therefore, the Condition of This Obligation Is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop In said work, within the period of tW0 iz) years from the date of acceptance of the work under said contract, by reason of bad workmanship ar poor material used in the construction of said work, and shall keep all work In continuous good repair during said period, and shall In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and • repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue In law, KNOWLING BROS. CONTRACT NG CO, Principal ByG4-` UNITED FIRE & CASUALTY COMPANY r- 44 UND-2055—b BY ell Attorney-ln•fact and Iowa Resident Agent X993; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101HES P UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con. stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, all individually. of Waterloo, Iowa its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law• ful bonds, undertakings and other obligatory instruments of similar nature as follows: --Any And All Bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire March 1, 1981 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." Secrlon 2, A ppointmen t o f ,horn eyln•Fec1.•'The Proiden{ or any Vice President, or any other O'ucer o!the Compmy, may. from time to time, appoint by written cert'lieatel attorneys•in•facr to ael in behalf of the Company N the execution of paucles of In -'ane•, bonds, undertakings and other obligatory Innrumenls of hke nature. The.1"Ure or any olficer autho- dxed hereby and the Comnule seal• may be offload by laulm0e to any power of attorney or speeW power of attomay or nr• tl(lutlon o! either mlhorlxed hereby; such dgmture and seal, when ,o uud, being adopted by the Company a the adglntl almalure a(mch ofllar and rhe orWnal ud of the COTDenY, to be valid and binding upon the Compmy with the ume force and elfect a though manually affind. Such altomeys•In•4e[, anbleet to th< Ilmllatlonuel forth In the4 respeelive certl(Inb of authpdty shill have IWI Dower to bind the Company by lhe4 signature and eaecullon of any such Wstrumenb and to a/dch the sul of the Compmy Thereto. The hesldenr ar any VI<e Prcndent, the Baud of Dlneton or my other officer of the Com• pant may at any time revoke sa power and a.1hprlty Dreyloualy given to my altomeyin•lact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents •""'��0""�. to be signed by its Vice president and its corporate seal to be hereto affixed this la t =aWRPORtr[ ' day of March A.D. 1979 'ee SEAL);; UNITED FIRE & CASUALTY COMPA c, 'gyp- /�'...._.-....,•, By ( State of Iowa, County of Linn, ss: ice President I On this 1st day of March 1979 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant j to like authority, and acknowledges same to be the act and deed of said corporation. I /r gong. NEC CMMISSIOYUCES(ROTH Amber 30 " Notary Public My commission expires September 30, 1980 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said p W CJPPOefI[t�,i Company this 11th day of October 1979 r (\ I UND-Zii�Bb sJC sistant Secretary e MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES RESOLUTION NO. 79-502 RESOLUTION ACCEPTING THE {CORK FOR FY80 ASPHALT RFSLIRFA.TNG PROJECT WHEREAS, the Engineering Department has recamnended that the im- provement covering the FY80 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. Pelling Co. of Iowa City, Iowa dated October 3, 1979 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by Rob that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x YEVERA x Passed and approved this 23rd day of October , 1979, Mayor ATTEST: City Clerk Received & Approved By The Legal Department 1?9 � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ENGINEER'S REPORT October 18, 1979 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the FY80 Asphalt Resurfacing Project has been completed in substantial conformance with the specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The budgeted funds and actual money spent for this project is as follows: A) Asphalt overlay of streets & alleys (RUT) Budgeted Spent $120,019.38 8185000 B) Chip sealing of streets (RUT) , 63,642:68 C) 2 parking lots (Parking Systems) 15,000 12,740.41 D) Alley between Dodge St. & Johnson St. I south of Market St. (Private funds) 4,400 3,718.72 Total $204,400 $200,121.19 Respec fully submitted, Eugene A. Dietz, -E. City Engineer EAD/DSG/jp MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES l t I, I I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES . f RESOLUPION NO - 7 9- 5 0 3 dl�ezi'/ 1WOLAPION ACCEPTING BOYRLIM GTR FT ON WITH HIGHWAY 6 BYPASS 111TION the Engineering Department has certified that the following il:provarnts have been ompleted in accordance with Plans and specifications Of the City of Iowa City, Boyrum Street connection with Highway H6 Bypass: Division 1 - Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc. of Rock Island, Illinois. AND WFIEHIW',�, Maintenance Bonds for Normovle-Bern file in the City Clerkis Office, — & A cnr -+ec are on NOW that said iUIEF BE T RESM� by the City Council of Iowa City, Iowa, accepted by the City of Iola City. It was moved by Perret and seconded by Roberts that the Resolution as rea a accept , and upon roll call a wxe; AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 23rd da of Y October_ , 19 79. Mayor - - ATTEST: i City Clerk Received d Approved By the Legal Department _ *!P /o -&-?I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES ills CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180) ENGINEER'S REPORT i October 18, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Boyrum Street connection with Highway #6 Bypass: Division 1 - Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc. of Rock Island, Illinois. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Rese�tfull submitted, Eugene A. Dietz, P. E. City Engineer bj3/21 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1995 W a NOTICE OF PUBLIC HEARING ON AMENDING ORDINANCES 77-2870. & 79-2965, TY'N CAE PLANNED AREA DEVELOPMENT Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa at 7:30 P.M. on the 23rd day of October, 1979, in the Council Chambers in the Civic Center, Iowa City, Iowa. At which hearing the Council will consider arguments for and against the proposed adoption of amendment to Ord. 77-2870 & 79-2965, Adopting Final Plan for Planned Area Development and Large Scale Residential Development for Ty'n Cae Part 1 & 2. Copies of the proposed Ordinance amendments are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Chapter 414 of the Code of Iowa, 1979. Dated at Iowa City this 6th day of October, 1979. n n n /1 . n MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INEs M7 f r� It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse _ Erdahl _ Neuhauser _ Perret _ Roberts Vevera First consideration Vote for passage: Second consideration Vote for passage: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I I I I I I i r I ` I � - 1 l' I l i I jr � I I.� �i I I I i I i I 4 t r� It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse _ Erdahl _ Neuhauser _ Perret _ Roberts Vevera First consideration Vote for passage: Second consideration Vote for passage: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I e CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING BOARD: UNITED ACTION FOR YOUTH BOARD One vacancy - One-year term October 23, 1979 - June 30, 1980 United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and helps them identify their in- dividual needs and facilitates meeting the same in the best interest of the individual and the commun- ity. Iowa City appointed members of Boards and Commis- sions must be qualified voters of the City of Iowa City. This appointment will be made at the October 23.1979 meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being con- sidered for this position should contact the City Clerk, Civic Center, 410 East Washington. Appli- cation forms are available from the Clerk's office upon request. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 i October 23, 1979 UNITED ACTION VOR YOUTH BOARD - one vno.nney for n ono -your F I term From October 23, 1979 to .limo 30, 1980. Nina Hamilton 1173 East Court St. MICROFILMED BY JORM MICROLAS CEDAR RAPIDS -DES FIOIIIES .I AUVISi� BOARD/COMMISSION APPLICATION ' M i Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE i 1111BLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE October 19, 1979 ADVISORY BOARD/COMMISSION NAME United Action for Youth TERM 1 It . : NAME Nina Hamilton I ADDRESS 1173 East Court St. OCCUPATION Social Work Faculty EMPLOYER University of Iowa PHONE NUMBERS: RESIDENCE 351-5212 BUSINESS 353-4852 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Group work, counseling and teaching with young people WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Not a governing body; provides linkage to the community and assistance to the agency through the expertise of its members. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING;)? Knowledge of the community,• liaison to the School of Social Work counseling ___and organizational skills. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? YES .. NO Knowing the length of term, are you willing to serve this term? ,A_YES _NO If you are not selected, do you want to be notified? X YES _NO If you are not appointed for the current vacancy, do you wish to be considered fora future vacancy? X YES NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 3 W CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (3191354-78(3D NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING BOARD: BOARD OF APPEALS One vacancy - Unexpired term October 23, 1979 - December 31, 1980 Two vacancies - Three-year terms November 27, 1979 - December 31, 1982 It is the duty of members of the Board of Appeals to hold appeal hearings on matters concerning the uniform building code. Members must be qualified by experience and training to pass upon matters pertaining to building construction. Iowa City appointed members of boards and commis- sions must be qualified electors of the City of Iowa City. The appointment to this Board for the unexpired term will be made on October 23, 1979, at the Council meeting at 7:30 P.M. in the Council Chamb- ers. The appointments for the three-year terms will be made at the November 27, 1979, meeting of the City Council. The actual terms will begin on December 31, 1979. This will allow the appointees an opportunity to attend meetings of the Board of Appeals in order to become familiar with the duties before assuming full responsibilities. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MM A i r i i i r CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (3191354-78(3D NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING BOARD: BOARD OF APPEALS One vacancy - Unexpired term October 23, 1979 - December 31, 1980 Two vacancies - Three-year terms November 27, 1979 - December 31, 1982 It is the duty of members of the Board of Appeals to hold appeal hearings on matters concerning the uniform building code. Members must be qualified by experience and training to pass upon matters pertaining to building construction. Iowa City appointed members of boards and commis- sions must be qualified electors of the City of Iowa City. The appointment to this Board for the unexpired term will be made on October 23, 1979, at the Council meeting at 7:30 P.M. in the Council Chamb- ers. The appointments for the three-year terms will be made at the November 27, 1979, meeting of the City Council. The actual terms will begin on December 31, 1979. This will allow the appointees an opportunity to attend meetings of the Board of Appeals in order to become familiar with the duties before assuming full responsibilities. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MM A CITY OF OWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.18010 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINT14ENT TO THE FOLLOWING BOARD: BOARD OF ADJUSTMENT One vacancy - Unexpired term October 23, 1979 - January 1, 1984 Duties: In appropriate cases an su6Ject to appro- priate conditions and safeguards, make special ex- ceptions to the terms of the ordinances in harmony with general purpose and intent and in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the Council in the adoption of such regulations and restrictions may petition the said Board of Adjustment directly to modify regulations and restrictions as applied to such property owners. It can only act pursuant to the zoning ordinance. It has no power to act upon any ordinances other than the zoning ordinance. It cannot grant a vari- ance unless specific statutory authority provides for granting a variance. Variances granted under Iowa Code, Chapter 414.2 (3) and Iowa City Munici- pal Code 8.10.28H 1(d) may only be granted in the case of "unnecessary hardship.” The hardship must be substantial, serious, real, and of compelling force, as distinguished from reasons of convenience, maximization of profit or caprice. Iowa City appointed memebers of boards and commis- sions must be qualified voters of the City of Iowa City. This appointment will be made at the October 23, 1979 meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being con- sidered for this position should contact the City Clerk, Civic Center, 410 East Washington. Appli- cation forms are available from the Clerk's office upon request. 2OOa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tdORIEs October 23, 1979 ✓ BOARD OF ADJUSTMENT- one vacancy for unexpired term, expiring January 1, 1984 Karl Stundins 520 Ernest St, #107 Clyde 0, Hanson 324 4th Avenue MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140111ES I I I s I I I- I i 'i i i � d October 23, 1979 ✓ BOARD OF ADJUSTMENT- one vacancy for unexpired term, expiring January 1, 1984 Karl Stundins 520 Ernest St, #107 Clyde 0, Hanson 324 4th Avenue MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140111ES I .. ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council 'Tr matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. .The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. i DATE 23 September 1979 ADVISORY BOARD/COMMISSION NAME Board of Adjustment TERM Oct. -.Ian. 1980 NAME Clyde G. Hanson ADDRESS 324 4th Avenue OCCUPATION Graduate Student EMPLOYER University of Iowa PHONE NUMBERS: RESIDENCE 337-7172 BUSINESS 353-5633 s -ERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Member:American Planning Association, Eastern Iowa Planning and Zoning Officials Association National Trust for Historic Preservation iPrevious Employment: Community Planner, U. S. Army Corps of Engineers Program Analyst, Minnesota State Planning Agency Planning Assistant, City of Muscatine WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? I. Road the portions of the Icwa Code dealing with the Board of Adjustment and Variances, the Iowa City Comprehensive Plan and zoning ordinance. I aip familiar with the role and purpose of the Board. WHAT CONTRIBUT]ONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Membership on the board would help me become a better professiional planner by allowing me to experience the role of the voluntary appointed official. I wish to contribute to the just administration aregulations on private property in Iowa City. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? YES xx NO or - Knowing the length of term, are you willing to serve this term? xx YES NO I ^ E D tryou are not selected, do you want to be notified? xx YES _NO SEP 2 4 1919 If you are not appointed for the current vacancy, do you wish to be cor1��o+� a 'futUr� vacancy? _YES NO h U C1TynGLSW79 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council o..matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE 1121179 MW+MW BOARD/COMMISSION NAME &AP.0 OF AbJIA5I MEIJT - lowo [i7r TERM 1/MooFiok O TEKH- 61 JW' I led NAME KARL. STL+NDIN S ADDRESS 570 ERNEsf ST. 0107 OCCUPATION '5TuDENT EMPLOYER J00OW,+ 4ko" 164ICNAL&MUNIN4 , CwWIr,slo �vnfYMw/rIW/. PHONE NUMBERS: RESIDENCE 331-1,61-1, BUSINESS ERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: (arse wW k iM I Vr17lw p14NNiI+1 pZ.MiNy oad tONIN� (•W Wo✓k G}PevleN[e with 11'1 IA 401 e4 Envi�oN �n.NFi.I 9u�liiy >D t� J.su.ti+ln Ca+N17 µe�I OH,.I PIaN NiM� (iuM(Ssiot- - WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? I how ,1tN jj, kow it -4 6A %,,ciirws {rows iRlkuy w�il� * ►+`CM1�`y WAO Mrov11. V41yer!•iF7 d4'V% a work WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? 1'M a 9j. vote ffAC0&Vt iA JW UVW41 ti ReLirN�l ?IrNHiH Fbaru �t Uof�- ZONINy s 4N IM�Creai Of M,Me. I wi4n fo 6e"*%c 'Moolue/L N INa (oWr. etiy [ownwif� 1{.,r4 'A.� b~A r+ 'Uit Nr•w1 IS clrh.. too k1 nw. • I ..SII �� r.ItYyn�.Y�c W,r rte' �aY Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES _✓NO Knowing the length of term, are you willing to serve this term? -S'ES _NO c, -you are not selected, do you want to be notified? YES _NO If you are n9t appointed for the current vacancy, do you wish to be considered for a future vacancy? ✓ YES _NO January 1979 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES r 'I I. � I I I� j I j I i 1 i I L' IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY I OAKES CONSTRUCTION COMPANY, Plaintiff EQ. No. 44218 VS. FINDINGS OF FACT, CONCLUSIONS OF LAW, CITY OF IOWA CITY, DECISION AND JUDGMENT I' Defendant. i This case came on for trial before the undersigned Judge of the Johnson County District Court on September 19 and 20, 1979. The plaintiff was represented by Marion R. Neely and i James H. Martinek; the defendant was represented by John W. Hayek. The evidence of the parties was received and the cause submitted. tem� -�' •---, FINDINGS OF FACT Z •-- A i This case involves an appeal by plaintiff from a ial of;ll approval of its preliminary subdivision plat. The app_-. e,,; a¢ taken b filing a L'n Y 4 petition with the Clerk of this Court entitled "Appeal from Denial of Subdivision Plat" which the Court takes to be a petition in equity seeking reversal of.the defendant's action. Subsequently, plaintiff filed an amendment to its petition adding a Division II seeking declaratory relief. Plaintiff filed a subdivision plat with the City of. Iowa City in September of 1977 seeking to have the same approved pursuant to the Iowa City Subdivision Code. The proposed I I subdivision, Oakes Meadow Addition, was then reviewed by the Iowa City Planning staff and Planning and Zoning Commission. On October 6, 1977, the Planning staff issued a staff report expressing serious concerns about the street layout of. the ;v MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 3005 -2 - Proposed subdivision and the problems of access from the sub- division to the existing street system of Iowa City. There- after, a minor revision was made in the proposed plat by plaintiff, renaming the main north -south street Carver Street and extending the right-of-way of the same to the south line of plaintiff's land. This amended plat was then approved by the City's Planning and Zoning Commission. As is.provided in the Iowa City Subdivision Code, plaintiff's preliminary plat was thereafter submitted to the Iowa City Council for further action. The Iowa City City Council held several meetings during January and February of I 1978 to consider plaintiff's proposed subdivision and t} access problems mentioned above. The Court finds that,;ller i were ten meetings of the City Council held during Janu� February of 1978 at which this matter was discussed ori:" groom C7 ; sidered prior to the meeting on February 14, 1978, at w'fi46h — final action was taken. The Court further finds from the i evidence that one or more representatives of plaintiff attended seven of those ten meetings. The Court further finds that plaintiff, through its officers and representatives, was aware and did have knowledge of the fact that the Council was planning to take final action on the subdivision plat at its I formal meeting on February 14, 197.9. j At the City Council meetings the City's planning staff continued to offer strong objection to approval of the sub- 11 ' division plat without providing a second means of access to the subdivision. The City planners, along with the City i traffic engineer and several members of the City Council, were i concerned that this subdivision had insufficient vehicular MICROFILMED BY JORM MICROLAB ' CEDAR RAPIDS -DES MOINES I t L i I I I I -3- access both because of the existing street layout in the area of the subdivision and because of the relatively large number of dwelling units, 44 in number, which would be served by only one street. With the exception of one other subdivision developed in Iowa Ctiy over 20 years ago, none of the witnesses testifying for either party could recall any subdivision with this many dwelling units being served on any Permanent type of basis with only one means of vehicular access. The Court finds that the City's concern about the lack of a secondary means of access to a subdivision of this density and in this location was reasonable and supported by the evidence. r The tract of land owned by plaintiffs was originn-q� ally. p�Tt o•. N of a larger parcel of ground. Court finds that CourtcX0st,-,Ine.i,I ca purchased several acres of ground from St. Marks Unite=-: Methodist �..� Methodist Church in 1972. In May of 1973 Courtcrest, Inc.,T conveyed a 2.4 acres portion of that tract to the Moose Lodge of Iowa City. In August of 1977 Courtcrest conveyed 7.1 acres to Oakes Construction Company, plaintiff in this case, for development purposes. Courtcrest has retained a remaining parcel for future potential development purposes. The Court finds that over the period of time from 1972 through 1977 Courtcrest, Inc., has divided its original tract of ground into i three parcels for development purposes. On February 14, 1978, the Iowa City City Council, by unanimous vote, denied approval of plaintiff's preliminary sub- division plat. Approval was denied for the reason that the plat did not provide sufficient vehicular access and was not consistent with the general plat of Iowa City and for the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES a > -4- further reason that subdivision of a portion of a larger subdivision of ground was contemplated without full compliance with Chapter 409 of the Code of Iowa. i CONCLUSIONS OF LAW Plaintiff argues in its petition that it is entitled to record its subdivision plat because the City of Iowa City did not approve or reject its proposed plat within 60 days of the date of application. The defendant City, on the other hand, argues that because the plat was only preliminary in nature and was therefore not a recordable plat, the 60 -day requirement i I of Section 409.15 of the Code of Iowa did not apply. Tbp Court finds that thelat filed b i p y plaintiff was a pre�Xmineiy �. plat and did not meet the requirements of Section 409,x.Oa 06:J N i Section 409.31 of the Code of Iowa. Further, the cern€ ices— ^^ co abstract, and other matters required by Sections 409.1 and' i ~ 409.9 of the Code did not accompany this preliminary plat.~ It is obvious that the plat was intended as a preliminary plat only under the terms of the Iowa City Subdivision Code and no recordable plat or plat intended for recording has yet been filed with the City or submitted to the Court for consideration. The Court concludes that the 60 -day limitation, provided i in Section 409.15 of the Code of Iowa, applies to recordable plats or plats intended for recording,which plats must at least be in substantial compliance with the provisions of Chapter 409. The Court notes that the procedure followed by the City of Iowa City providing for filing of a preliminary plat and review of the same is intended to help reduce engineering and legal expense in the development process by providing a rP. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES WE i j 'i I I -s- mechanism by which preliminary plans may be reviewed and revised as appropriate before preparation of the final plat. Had plaintiff elected to file a combined preliminary and final plat in substantial compliance with the requirements of Chapter 409, then the 60 -day limitation period in Section 409.15 of the Code of Iowa would have applied. Plaintiff did not so elect and gave no indication to the City that it regarded the preliminary plat as a recordable document. As a further reason in support thereof, the Court notes that Section 409.15 provides that if the City Council fails to either approve or reject a plat within 60 days, the person proposing said plat shall have the right to file the same. Court believes that this provision P provides for the r�'coff.dinj;g r- ;r of a plat in the face of Council inaction. Here the Ebncii n-• N ` acted on February 14, 1978, before any attempt to rec6rd.arly plat. Once the Council has acted, plaintiff's remedy`'.S;aopea1 rather than recording as provided in Section 409.15 of the - Code of Iowa. Plaintiff complains that it was not provided with notice of the Council's action on its application. The Court does not find any requirement in Chapter 409,nor have cases been called to the Court's attention by plaintiff,requiring City Council notice before taking a legislative action such as the one involved in approving or rejecting a subdivision plat. Further, whether or not notice of such an action is required, the Court finds that actual notice was given to plaintiff on j February 13, 1978, at the informal Council meeting held on that i j date. The Court finds that plaintiff had ample opportunity to i participate in the Council discussions concerning its proposed MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I -6- i subdivision plat. The City Council of Iowa City made a legislative deter- mination that this subdivision was served by insufficient ` vehicular access and that the street layout of the sub- division was not consistent with the general plat of the City. Section 409.14 of the Code of Iowa gives the City Council authority to review subdivision plats as follows: With a view to ascertaining whether the same conform to the statutes relating to plats within the City and within the limits prescribed by this section, and whether streets, alleys, boulevards, parks and public places shall conform to the general plat of the City and conduce to an orderly development thereof, cannot conflict or interfere with rights-of-way or extensions of streets or alleys already established. . . This broad grant of legislative authority is intended to Provide municipalities with a mechanism to control growth and development of real estate in the community and adjacena= FS thereto. See Note, Subdivision Regulation in Iowa, 54 tlta c i �' L. Rev. 1121 (1969). The Court concludes that the Cit�i-_'- N action in den i Y 9 approval of the subdivision plat wasS-Feasmn- in able, that the City Council could and did find that the^same did not conform to the general plat of the City and did not conduce to an orderly development thereof and that under those circumstances the City Council could deny approval of the sub- I division plat. j r jAs a further ground for denying Y' g a pproval of the plat, the j; City claimed that this property was a part of a larger sub- division created by Courtcrest, Inc., and that the City had the authority to deny approval of the plat for that reason also. Section 409.1 of the Code of Iowa requires every proprietor of i any tract of land located within a city who shall subdivide the same into three or more parts shall cause a subdivision plat i i I, ' MICROFILMED BY i JORM MICROLAB CEDAR RAPIDS -DES 140ItIES I M . t. _7_ to be filed. Although the subdivision of the original St. Marks Methodist Church tract, by Courtcrest, Inc., took place over an extended period of time, the Court concludes that the division of the tract of ground into three parcels was under- taken for development purposes by Courtcrest, Inc., and that a subdivision plat should have been filed. i The Court believes that under Chapter 409 of the Code, the City could properly refuse to permit further subdivisions of land until such time as the platting requirements of Chapter 409 have been complied with. DECISIO14 AND JUDGMENT The defendant has established that the action of%the ' Council of the City of Iowa City in denying approval ° N plaintiff's preliminary subdivision plat on Februarywx4'g78:! was a reasonable exercise of the City Council's powex9:::under the laws of the State of Iowa and the City Ordinances of. the City of Iowa City. It is the judgment of the Court that the action of the City Council of the City of Iowa City in denying approval of plaintiff's subdivision plat on February 14, 1978, was legal, and said action is upheld by the Court. It is the further judgment of the Court that plaintiff's appeal is dismissed and plaintiff shall pay the court costs of this action as taxed by the Clerk of this Court. Dated this"d ♦ nY day of October, 1979. h i' I j ' The u !rmi¢n•� crr' •i Ih! C• I•••••in?in•' :menlwe. I" ed up• i;¢ P311 es H 1': "•�•t':^" teo:Y I- lin ,.....f i I I G sn vt p:e4e c:l i _7_ to be filed. Although the subdivision of the original St. Marks Methodist Church tract, by Courtcrest, Inc., took place over an extended period of time, the Court concludes that the division of the tract of ground into three parcels was under- taken for development purposes by Courtcrest, Inc., and that a subdivision plat should have been filed. i The Court believes that under Chapter 409 of the Code, the City could properly refuse to permit further subdivisions of land until such time as the platting requirements of Chapter 409 have been complied with. DECISIO14 AND JUDGMENT The defendant has established that the action of%the ' Council of the City of Iowa City in denying approval ° N plaintiff's preliminary subdivision plat on Februarywx4'g78:! was a reasonable exercise of the City Council's powex9:::under the laws of the State of Iowa and the City Ordinances of. the City of Iowa City. It is the judgment of the Court that the action of the City Council of the City of Iowa City in denying approval of plaintiff's subdivision plat on February 14, 1978, was legal, and said action is upheld by the Court. It is the further judgment of the Court that plaintiff's appeal is dismissed and plaintiff shall pay the court costs of this action as taxed by the Clerk of this Court. Dated this"d ♦ nY day of October, 1979. h Fib0�0�R rE The u !rmi¢n•� crr' •i Ih! C• I•••••in?in•' :menlwe. I" ed up• i;¢ P311 es H 1': "•�•t':^" teo:Y I- lin ,.....f the eR:^ JI G sn vt p:e4e c:l JUDGE, SIXTH JUDICIAL DISTRICT OF IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIoiNES a a WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND HAYEK, HAYEK 13 HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY, IOWA 62240 October 22, 1070 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Amerex Corporation v. City of Iowa City Mayor and Council Members: AREA CODE 319 337.9806 Attached you will find a copy of the trial brief and chronology of events filed by Assistant City Attorney Linda Cook in connection with this case. Ms. Cook along with Roger Scholten of our office and Mr. Roger Witke from our insurance carrier's firm in Des Moines represented the City in connection with this lawsuit, While I realize that many of you may not be interested in the particular details of this lawsuit and while further I hesitate to burden you with any more paper than you need, I did want each of you to receive a copy of this brief so that you can see the quality of work performed by your Assistant City Attorneys and also so that you can get some idea of the time demands that litigation of this sort plays on the Legal Department. I think that Ms. Cook's brief is first-rate and I think you can see obviously the great amount of time and work that has to go into the preparation of such a document. Very truly yours, 4W Hayek JWH:vb Onclosures cc: Ms. Linda Cook MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES caoe4 M. C IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY AMEREX CORPORATION, ) LAW NO. 42541 LAURENCE R. SHORT, and ^,;, •.7"' FIRST NATIONAL BANK, IOWA CITY, IOWA, AS EXECUTOR ) s xN OF ESTATE OF KENNETH I. BELLE, �.ot DECEASED, �� 4; Plaintiffs, ) <—'1,•, it VS. CITY OF IOWA CITY,) EDGAR CZARNECKI, ) DEFENDANT'S MEMORANDUM J. PATRICK WHITE, C. t. BRANDT, TRIAL BRIEF CAROL DEPROSSE and FLORENCE ) DAVIDSEN, ) Defendants. ) ** R R R R)R R* R** I This brief is submitted by Defendant City of Iowa City as final i argument to the trial court in the above -entitled action. I I. STATEMENT OF THE CASE i j A. PROCEDURAL POSTURE AT TRIAL. This action was originally filed by Plaintiffs herein against the j City of Iowa City and individual City Councilmembers in October 1974, claiming damages resulting from Defendants' alleged delay in rezoning Plaintiffs' property pursuant to court order. Plaintiffs further claim that these alleged delays were arbitrary and capricious acts on the part of the City, resulting, inter al_ia, in increased construction costs. In the earlier case, Amerex Corporation,' et al_ v_ Cid of City, et al. , docket number 41548, Judge Schaeffer found the R1A zoning of the subject property to be invalid, and ordered the City to rezone. In the instant case, Judge Carter's ruling in June 1976 on Defendants' motion for summary judgment dismissed all divisions of the i Petition against individual Councilmembers, and dismissed all allegations against the City except Division III for a damage claim totalling $93,000. Plaintiffs' request for Interlocutory Appeal on the dismissal was denied by the Iowa Supreme Court September 1976. aoO MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 9 a 2 In June 1979 Plaintiffs sought to amend their petition, but said motion was denied July 31, 1979. Only Division III claiming damages for increased construction costs between March and July 1974 is at issue for trial. Trial to the court was held before the Honorable Judge Swailes in Iowa City, Iowa on August 20-23, 1979. Although not expressly pleaded as such, Plaintiffs are apparently proceeding on an intentional tort theory, claiming that the City's alleged delays were intentional acts and were motivated by a malicious purpose to harm. The issues are whether the City's conduct was motivated by a malicious purpose to harm; whether the City is therefore liable for an intentional interference with Plaintiffs' business opportunity by reason of alleged delays in complying with the court order; and if so, whether 'Plaintiffs have met their burden of proof for actual damages resulting from increased construction costs between March and July of 1974. Initially, however, the court must decide whether the City acted in a timely and reasonable manner under the circumstances, in which case Defendant would be entitled to dismissal as a matter of law. B. FACTS. 1. Historical Background. In 1964, Plaintiff Amerex Corporation received a building i permit from Johnson County for construction of 108 apartment units for a total of nine buildings, on a 7.05 acre tract located on a lot south of Interstate 80 and west of North Dubuque. Plaintiffs successfully completed 24 units, or two buildings, and erected footings of three t additional buildings. However, Plaintiffs lost their financing but expected to regain lending support and complete construction of at least 36 additional units (see Preamble of Plaintiffs' Original Petition). In late 1965 the City annexed a large area in the North Dubuque area, including Plaintiffs' entire 26 t acre tract. By virtue of a then - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES d I existing provision of the Iowa City Code, Plaintiffs' parcel was automatically zoned R1A, the most restrictive density 'classification requiring 10,000 square feet per unit for construction. Plaintiffs i welcomed annexation into the city. (See Plaintiffs' Exhibit No. 38). The combined result of the annexation and automatic zoning was to cause Plaintiffs' buildings to become non -conforming uses. After a series of unsuccessful attempts to obtain rezoning, the Plaintiffs filed a declaratory judgment action in October 1972, docket number 41548. A trial to the court was held in June 1973; and on January 24, 1974, Judge Schaeffer ruled that the City's refusal to rezone was arbitrary and capricious and that the City provision was declared null and void. Further, the City was directed to take steps "immediately" to rezone Plaintiffs' property to allow 108 apartment units not to be a non- conforming use. The City was also directed to issue Plaintiffs a building permit. Mr. Jay Honohan represented the City in this first case, and Mr. Jerry Lovelace represented the Plaintiffs. 2. Highlights of Chronology of Events. Rather than belabor the sequence of events after Judge Schaeffer's Original Order, which events are matters of public record and are thus largely undisputed, I have appended a Chron2IM prepared for trial and hereby do incorporate said Appendix into the City's statement of facts. In January 1974, Judge Schaeffer issued his ruling directing the City to rezone the Amerex property and to issue a building permit. In February 1974, City Attorney John Hayek advised the City Council not to appeal, and the Council agreed. The Council further directed Mr. Hayek to seek clarification of the Order, and Plaintiffs agreed to a stipulation for such purposes. The Council was unsure whether the City could require compliance with other city codes, such as building and electrical codes, the Large Scale Residential Ordinance (LSRD), and whether the Order was to rezone the entire 26 t acres or only the 7.05 acre parcel. Attorneys for both sides were present for oral argument on the City's Motion to Clarify. (See Plaintiffs' Exhibit No. 38). In March 1974, Judge Schaeffer issued his Ruling on clarification h h ndicated that,the Plaintiffs were in fact still required MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 4 to comply with the City plumbing, electrical, fire and building codes, that the LSRD did not apply, and that the City was to take actions "immediately" to rezone the 7.05 acres and to issue building permits. (See Plaintiffs' Exhibit No. 38). In April 1974, the City Council referred the matter to the Planning and Z n ng Commission for review and report, as recommended by City Attorney John Hayek. In t!ay 1974, the Staff Report prepared by the City's Planning Department recommended rezoning the 7.05 acre Amerex tract from RIA to R3A, and the Planning and Zoning Commission formally approved this recommendation in their report to the City Council. The Council subsequently set a public hearing for June 18, 1974. In June 1974, the public hearing was held, and one week later the �:ounc i voted to suspend the rules and give the first reading of an ordinance to rezone the Amerex 7.05 acre tract from R1A to R3A. The first reading was given. In July 1974, one week later, the second reading of the ordinance rezoning Plaintiffs' property was given; the next week the Council deferred action for one week; the third and final reading was given by title only the following week. The ordinance rezoning the Amerex 7.05 acre tract from R1A to R3A was adopted J� 16, 1974. After adoption of the amendment and following discussion regarding the density differential between R3A zone (300 units permitted) and R3 zone (102 units permitted), the Council referred a portion of the Amerex property to the Planning and Zoning Commission for review and possible rezoning to R3. Councilmembers inquired and were assured by the City Attorney and by the head of the Community Development Division, Mr. Kraft, that the 108 units would be permitted based on the amendment just passed rezoning the property to R3A. Also upon inquiry, the Councilmembers were assured that the Plaintiffs, as of July 16, 1974, were entitled to a building permit, upon application. (See Transcript of Tapes, pp. 28- 29.) Between Mich 24 and J� 16, 1'974, one written contact was made by Plaintiffs w tF Clty, which was a letter from their attorney, Mr. William Meardon. There were no appearances made by the Plaintiffs or their attorneys before the City Council or the Planning and Zoning Commission, either formally or informally. From July to November 1974, the R3A zoning did not change. The Planning and Zoning Commission in October 1974 reaffirmed their original recommendation of May 1974 that no rezoning take place. Plaintiffs' property has remained 113A to the present. In October 1974, in response to a letter from Mr. William Meardon, C— yAttorney John Hayek explained that the City stood "ready, willing and able" to issue a building permit, upon application by Mr. Meardon's clients. Mr. Hayek further indicated his willingness to explain the rezoning to any lending institution, which zoning allowed the construction of the 108 apartment units as of July 16, 1974. See Plaintiffs' Exhibit No. 6. In November 1974, a motion to take further action on rezoning a portion of the Amerex tract to R3 was defeated. In sum, the City proceeded to refer the matter of rezoning subject MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101DES a; 3 property to Planning and Zoning, to set a public hearing, to hold a 2ublic hearing, to suspend the rules and read the amendment by title only on three separate occasions, and to adopt the Amendment Rezoning to R3A within aep riod of four months. Proposed amendments for rezoning portions of said tract were defeated three months later. II. SUMMARY OF CITY'S ARGUMENTS It is the City's contention herein that the four months needed to rezone Plaintiffs' property was reasonable under the circumstances, and not inconsistent with the pace of legislative bodies; that the City was required by law to carefully follow certain procedures, and that the City at all times acted impartially and in good faith in complying with Judge Schaeffer's Order. It is the City's further contention that the frequent meetings, discussions and inquiries which surrounded the City's rezoning bespeak an honest and legitimate effort to satisfy its three -fold duty: (1) to comply with the Court Order and protect Plaintiffs' private interests; (2) to protect the interests of the community, which included the due process rights of surrounding property owners as well as the integrity of the neighborhood; and (3) to comply with state and local procedural zoning requirements. The City is therefore entitled to dismissal as a matter of law for failure to state a cause of action, since the City acted reasonably under the circumstances. Even assuming a claim has been stated, Plaintiffs have failed to satisfy their burden of proof that the City acted with malice - i.e., spite or ill -will; and further, that there is no evidence whatsoever that the City's purpose was to cause harm to the Plaintiffs. The testimony at trial reveals the City Council acted with an honest belief that Plaintiffs were entitled to proceed with construction as of July 16, 1974. These good faith beliefs negate any inference of wrongful purpose. The fact that Plaintiffs waited four years to build their apartments also raises a question of Plaintiffs' own good faith efforts under the circumstances. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES It is the further contention of the City that Plaintiffs have failed to prove actual damages, or even a causal link to the City's actions. The state of the economy is beyond the control of the City and liability should not attach. Plaintiffs' use of hypotheticals at trial was decidedly inappropriate in this context, since actual harm must be shown for successful recovery under Iowa case law. Even assuming liability is found, the City argues herein that Plaintiffs failed to mitigate injury and are therefore entitled only to nominal damages. Further, Plaintiffs' failure to move to conform evidence to the pleadings restricts any assessment of damages after July 16, 1974. Finally, it is the City's position that Plaintiffs' application of tort theory in a zoning context is singularly inappropriate and against public policy. The potential harm and chilling effect which such recovery would have on local governments are ominous indeed. Public policy concerns require rejection of such a tort theory herein, since the proper remedy is the undoing of the wrong, not money damages. III. ARGUMENTS A. PLAINTIFFS HAVE FAILED TO STATE A CAUSE OF ACTION IN INTENTIONAL TORT, SINCE CITY'S REZONING OF SUBJECT PROPERTY WAS REASONABLE UNDER THE CIRCUMSTANCES. Plaintiffs challenge in Division III of their Petition that the City wrongfully refused to rezone their property in a timely fashion, and that this refusal caused delays resulting in increased construction costs. Plaintiffs further contend that the City, acting by and through its agents, employees and officials, conducted its affairs with an evil, purposeful and malicious intent to harm the Plaintiffs. The Defendant strongly urges the court find that no such intent ever existed, nor can �i any be found under the circumstances. MICROFILMED BY JORM MICROLAB f CEDAR RAPIDS•DES MOINES , i In order to state a claim for intentional interference with business opportunity under Iowa law, a plaintiff must show that (1) the defendant was aware of plaintiff's business opportunities; (2) that defendant acted with a purpose to harm or destroy plaintiffs; (3) which purpose interferred with plaintiff's business opportunity; and (4) resulted in actual damages. E q., Farmers Co-op Elevator, Inc., buncombe v. State Bank, 236 N.W.2d 674 (Iowa 1975). Such egregious conduct is tantamount to malice or ill -will. W. PROSSER, LAW OF TORTS Section 130 (4th ed. 1971). It is the City's position that although the Council did not rezone the subject property "immediately" in a literal sense, that the City did in fact comply with a court Order in good faith and in a reasonable and timely manner. In other words, some "delays" were inevitable. Even so, such delays do not rise to the level of negligence, and indeed fall far j short of the degree of culpability required to find a malicious purpose to harm or destroy. 1. Plaintiffs a reed to and participated in a motion to enlarge time to seek clarification - January to March 1974. Judge Schaeffer's Order directing the City to rezone the Plaintiffs' property was filed January 24, 1974. City Attorney John Hayek recommended the City not appeal the decision. As a result of some confusion over the court directive, the City Council requested Mr. Hayek to seek clarifi- cation. Pursuant to an agreement with Mr.William Meardon, the City entered into a stipulation enlarging time to seek clarification. Hearing was had before Judge Schaeffer on February 19, 1979, with Attorneys Meardon and Hayek present for argument. As stipulated, the appeal period for the motion to clarify was limited to three days. Judge Schaeffer's Ruling on clarification was filed March 24, 1974. The City did not appeal the Ruling. It is clear that from January until March of 1974, there was no delay whatsoever on the part of the City. Plaintiffs in essence agreed to postpone action pending Judge Schaeffer's decision. Case law also MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES B substantiates that the City had every right to seek clarification on applicability of other local codes. Anundson v. Chicago, 256 N.E.2d 1 (Ill. 1970). ' 2. City followed zoning procedures as required �y law - March to July 1974. During the four month period between Judge Schaeffer's Ruling on clarification in March and the rezoning of Plaintiffs' property in July, the City of Iowa City followed the procedural requirements for rezoning in a methodical and cautious manner. The City Council referred the rezoning matters to Planning and Zoning within three weeks from the Ruling (April 16). As both Mr. White and Mr. Hayek testified at trial, there was some delay in forwarding the Ruling to Mr. Hayek, apparently due to the fact the Clerk of Court sent the Ruling to Mr. Jay Honohan, former City Attorney. This certainly cannot be construed as purposeful delay. Mr. Hayek also spoke of other "pressing" matters. See Transcript of Tapes, page 3. Knowing full well the heavy workload and pressure of deadlines under which lawyers frequently labor, surely it cannot be said that the City had any intent whatsoever to cause Plaintiffs harm. There is no evidence that the three-week period between the Ruling (March 24) i and the City Council's referral to the Planning and Zoning Commission (April 16) was the result of any willful or malicious purpose to harm. Such conduct on the part of the City does not rise to the level of i '• negligence, to say nothing of malice or ill -will. ` I a. Zoning procedures must be strictly followed. It is the cardinal principle of construction in connection with zoning ordinances that zoning enactments under the City's police power must be pursuant to the enabling statute. 2 YOKELY, ZONING LAW IN PRACTICE Section 9-4, at 32 (3d ed. 1967); B & H Investments, Inc. v. City of Coralville, 209 N.W.2d 115 (Iowa 1973). Under Iowa law, the zoning power as delegated from the state must be strictly construed. E. g., MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOMES " M, 9 Granger v. Board of Adjustment, 44 N.W.2d 399, 402 (Iowa 1950). Sections 414.1 through 414.5, Code of Iowa (1979) establish the City's powers, and ". . . prescribe the requirements for adoption of zoning ordinances and define procedural requirements for amending zoning ordinances." Velie Outdoor Advertising v. City of Sioux City, 252 N.W.2d 408 (Iowa 1 - Sections 414.4, .5 and .6, Code have remained substantially unchanged since 1939. Section 414.4 requires that the City Council provide for zoning restrictions and boundaries, and that no such regulations " .shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard." Section 414.4 also requires adequate notice of hearing be given: "At least fifteen days notice of the time and place of such hearing shall be published in a paper of general circulation in such city." Section 8.10.32 of the Iowa City Code of Ordinances (1962) also contains the same notice and hearing requirements. See Defendant's Exhibit "A". In addition, Chapter 414 provides for a "zoning commission" f i which in Iowa City is a combined Planning and Zoning Commission. Section 414.6 sets forth the duties of this commission, and requires the Council 1 to refer zoning matters to the commission. The commission, in turn, must ". . .with due diligence, prepare a preliminary report and hold public hearings thereon before submitting its final report, and such council shall not hold itsup blit hearings or take action until it has received the final report of such commission." Section 414.6, Code [emphasis added]. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40IIIES 0 The procedural requirements for amendments as well as original enactments are the same. Section 414.5, Code. There is no Iowa case law on "due diligence" under Chapter 414. This lengthy and complex procedure was not designed for rapid change. Indeed, the rationale behind zoning procedures is to deliberately discourage sudden change. One noted authority on municipal law explains: "However, to protect zoned areas against capricious, sudden or ill-considered chances, whether district boundaries oI of the classl— ifi— 'cation of permissible and prohibited uses, there are statutory requirements governing procedure in the enactment, amendment or repeal of zoning ordinances. ." [emphasis added]. 8A MCQUILLIN, LAW OF MUNICIPAL CORPORATIONS Section 25.245, at 173 (3d ed. 1967), b. City strictly complied with zoning rocedures under advice of legal counsel. In the case at bar, the City had no choice but to strictly follow procedural requirements, notwithstanding Judge Schaeffer's direction to take action "immediately." Indeed, these procedural restraints cut against hasty action. It was the City's understanding that the Order did not mean to rezone immediately, but to take immediate action to rezone, which in fact was done. It should also be remembered that Judge Schaeffer had roundly chastised the City for not holding hearings prior to ,the original zoning of Amerex to RIA. As the Councilmembers i testified, they wanted to do it right this time. i j Therefore, the referral to the Commission in April, the staff — re ort and hearing before the Commission in May, the re ort back to the Council May 21 .recommending R3A zoning, the notice for setting a public hearing May 21, and theuP blit hearing on June 18 were cautiously and meticulously carried out. This procedure was'also recommended by City h I Attorney John Hayek. Plaintiffs should not now be heard to complain that the City was acting according to law. In addition, testimony presented by the City demonstrates that the three-month period between referral and adoption of the ordinance 1 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II010ES . ! ■ amendment was entirely consistent with the usual custom and practice of the City. Councilmember Brandt testified that the Council rarely chose to give all three readings of an ordinance on one night, and certainly did not do so for controversial properties such as Amerex. The fact that the City was acting upon advice of counsel in following these procedures negates any inference of ill -will or wrongful purpose. Failure to comply with these statutory procedures would have left Plaintiffs' rezoned property again subject to challenge. A Connecticut court explains the dangers: "Failure to comply with any of the required steps constitutes a jurisdictional defect. . .it would result in a lack of due process of law. . .this [public hearing] is not a technical requirement difficult of performance by the unwary. It is dictated by common sense for protection of an established neighborhood to be subject to change only after fair notice." Hutchison v. Board of Zoning Appeals of Stratford, 83 A.2d 201 onn. 1 5iT. See also MCQUILLIN, Section 25.251; B & H Investments, supra. Judge Schaeffer's Order did not relieve the City of these procedural constraints. Iowa law has also recognized that protecting the due process rights of surrounding property owners, preserving the character of the neighborhood, stabilizing property values and considering the aesthetics of an area are legitimate exercises of the police powers pursuant to zoning. Plaza Recreational Center v. Sioux Com, 111 N.W.2d 758, 764 (Iowa 1961); Stoner McCray System v. City of Des Moines, 78 N.W.2d 843 (Iowa 1956); see also Section 414.3 which sets forth zoning considerations. Failure to follow these procedures may well have subjected the City to due process challenges. See also Village of Arlington Heights v. Metropolitan Housing Development, 429 U.S. 269 (1977) where the United States Supreme Court recognized density restrictions and reliance on such restrictions by neighboring property owners as proper policy concerns. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I110111ES M� 12 The Court also held that no inference of improper purpose was found where the Village refused to rezone based on such concerns. Arlington Heights, supra, at 269-70. In the case at bar, the City proceeded to consider rezoning of Plaintiffs' property on four consecutive meetings after the June 18 public hearing. The rezoning Amendment was given its third and final reading on July 16 and was adopted by the City Council that same evening. Thus, the Council had actually rezoned the Plaintiffs' property within a three- month period between April 16 and July 16, 1974. Considering the constraints within which governmental bodies must operate, this time period is entirely reasonable. 3. City had discretionary responsibility to selectrp oper zoning classifications. i Based on a separation of powers theory, the majority rule is that zoning is a legislative act which should be accorded every deference unless arbitrary or capricious. In Iowa, there is a strong presumption of validity afforded zoning ordinances; and if the classiciations are "...fairly debatable, the legislative judgment must be allowed to control." E. g., Brackett v. City of Des Moines, 67 N.W. 2d 542, 547 48 (Iowa 1954). Local governing bodies are generally in a better position to assess the particular needs of the community. E. g., City of Miami v. Woolin, 387 F.2d 893 (5th Cir. 1968). Zoning boundaries and classifica- tions are therefore regarded as the task of the local zoning body, and a court has no authority to actually rezone. E. q., City of Richmond v. Randall, 211 S.E.2d 56, 61-62 (Va. 1975); see also MCQUILLIN, Sections 25.298, 25.299 and 25.300, and cases cited at 390-93. In Iowa, where rezoning is regarded as a legislative act, the rules stated in MCQUILLIN would apply: "In some jurisdictions, a judicial decree may compel an amendment of a zoning ordinance, or the rezoning or reclassification I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES td01tIES ■ + 13 of areas or properties, although, where such a doctrine is in effect, usually the actual zoning or rezoning is regarded as the function of appropriate zon nq authorities, not a ro er function of a court. Id., at 391. (Emphasis added. MCQUILLIN goes on to explain: "A decree of this character may order the convening of the municipal legislative body without undue delay to take legislative action in compliance with the decree." Id. However, selection of specific zoning classifications remains within the discretion of the zoning authority. Wood v. Twin Lakes Mobile Homes Village, Inc., 123 So.2d 738, 744 (Fla. 1960); City of Richmond, supra, at 61; Orange County v. Butler Estates Corporation, 328 So.2d 864, 865 (Fla. App. 1976). A limited exception has developed in a few states where it appears the zoning authority could reasonably reach only.one conclusion, or where local authorities flatly refuse to comply. Pascack Association, Ltd. v. Mayor and Council of Township of Washington, 329 A.2d 89 (N.J. 1974); see also MCQUILLIN, Section 25.98 at 390. In the case at bar, Judge Schaeffer implicitly recognized the court's . limited power to intervene in city government by leaving it up to the city to select the appropriate zoning classification. As explained to the i Council in a letter from John Hayek dated April 15, 1974, the City was required to rezone the 7.05 acre tract to allow construction of the 108 apartment units. Questions of density, however, were raised by City Councilmembers, since the R3A zoning of the entire 7.05 acres would have permitted almost three times the number of units. The next "higher" zone of R3 would only have allowed 102 units. It was this dilemma with the "mathematics," as Mr. Pat White described it, that led the Council to refer aop rtion of the Amerex property back to the Planning and Zoning Commission for study on July 16, 1974. This referral in no way jeopardized the 108 units. As presented in testimony before the trial court and as revealed in the tapes of the City Council meetings, the Councilmembers had long - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ., a; 14 standing and genuine concerns for the effect of multiple dwellings generally in the North Dubuque area. The specific concerns articulated at trial include: traffic, complete lack of schools in the area, no public transportation, fire protection problems, sewer deficiencies, and the goal of maintaining North Dubuque as a non-commercial area. All these concerns center ultimately on density. Based on these factors, plus the overriding desire to protect the one remaining unspoiled natural entrance to the City, it is little wonder the Council struggled once again with density. This struggle, however, was in no way intended to prevent the Plaintiffs from constructing their apartments. After the decision not to appeal, it was a given that Plaintiffs would in fact build the 108 apartments Case law supports the City's contention that considerations of density and community interests are properly the role of the zoning authority, even where rezoning is done under court order. , Thus, for Plaintiffs to argue that the City improperly considered' community interests is patently contrary to case authority. In Orange County, supra, the court held that where a local authority had been ordered to rezone and had in fact rezoned an area to a density lower than the plaintiff originally requested, the county had nonetheless acted properly. The plaintiff in Oran a County had successfully challenged the zoning ordinance, and on remand the county held several public hearings before rezoning. The Florida Court of Appeals stated: "Notwithstanding this figure [6.1 units per acre] is less than the 19.1 units per acre permitted the adjacent property,. . . the zoning authority has presented ample evidence of considerations that affected its decision and made it a fairly debatable one." Orange County, supra, at 866. These considerations included density, use, similarities to adjoining property, soil, flood area, shape, proximity to commercial zone, and graded density. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■ I : I 15 Although the dissenting judge disagreed with the decision on other grounds, Judge Downey in his dissenting opinion did agree that rezoning to a lower density was nonetheless proper. Judge Downey noted: "But there is no suggestion here of bad faith on the part of the appellants [county]. On the contrary, the record is replete with evidence that all of the parties have extended themselves in an effort to resolve this controversy in a manner consistent with their divergent views. So we have no reason to believe that the appellants would not once again in good faith attempt to follow the instructions of the court and exercise their legislative discretion fa�irland reasonably." Orange County, su ra, at 868. Empha added]. In other words, the Florida court recognized - indeed expected - that the local body would be concerned with density in complying with the court order to rezone. The court also realized the natural but valid conflict between private and public interests, to be resolved "...in a manner consistent with their divergent views." Id. I 4. Case law indicates City acted in timely manner to rezone and thereby complied with Order in0000d faith. There is no case law directly on point as to how much time is I reasonable for complying with a court order to rezone. Plaintiffs did not request a specific time for compliance, nor did Judge Schaeffer set forth any particular deadline. However, several courts have faced the question of reasonable compliance in the context of deciding what relief should be afforded a successful challenger in a zoning conflict. Most courts agree that a local body is entitled to a reasonable time in which to comply with a court order, and to resolve the conflict between public and private interests. Pascack, supra, at 95-96. In Alcorn v. jLty of Rochester Zoning Board of Adjustment, 341 A.2d 269 (N.H. 1975), the court reasoned that one (1) year was sufficient time to respond, and the Board's complete inaction justified granting plaintiff's request. A New Jersey court found that nine (9) months was sufficient time to rezone a plaintiff's property; and held that by reason of the township's default, the court was justified in intervening to compel compliance and retained MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t101REs 16 equitable jurisdiction. Pascack, supra, at 92-93. In Pascack the township was ordered to rezone January 1973 and no action had been taken by October 4, 1973. In Burns v. City of Des Peres, 534 F.2d 103, 111-12 (8th Cir. 1976), i the court of appeals found that the five (5) months which elapsed between plaintiff's request for a variance and the Board's rejection was not sufficient to raise an inference of animus or bad faith. In Megel v. City of Papillion, 207 N.W.2d 377, the city had been ordered to construct drainage facilities within six months of the decree issued January 7, 1971. Upon an Order to Show Cause in a contempt proceeding, the court held that failure to comply within one L11 year was "willful contempt" but that mitigating circumstances made it inappropriate to impose a penalty (January 1971 to December 1971). An old Massachusetts case is cited for the proposition that contempt is a proper method to force recalcitrant cities to comply with a court order. Commonwealth v. Town of Hudson, 52 N.E.2d 566, 574 (Mass 1943). However, the Massachusetts court decided that even though the town had failed to chlorinate its water in eleven months, the defendant was entitled to a second chance. i i As discussed above, only complete default on the part of the local body would constitute bad faith and justify judicial interference by way of injunction. Orange County, supra. Based on a review of these decisions, the periods running from five months to one year were held reasonable. In the case at bar, the City actually rezoned the subject property in four (4) months and therefore complied with the court Order in a reasonable and timely fashion. Even considering the July referral to the Planning and Zoning Commission for possible rezoning of a portion of the property, this proposal was rejected October 24 and November 5, 1974. These time frames are well within what other courts have held to be reasonable for purposes of complying with the court order. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES MOIIIES M, 17 In addition, these later actions by the City were never intended, nor did they in fact, interfere with Plaintiffs' rights and abilities to commence construction of the 108 units. In light of the policy concerns of density restrictions and adjoining property values which are recognized by the courts as valid, the seven M month period from March 24,1974 to November 5, 1974 falls clearly within the bounds of reasonableness. Such compliance also constitutes good faith as discussed in the cases, for the City at no time sat back and did nothing. Conversely, it cannot be said that four months or even seven months are clearly unreasonable under the circumstances. Therefore, the City respectfully requests the trial court find that Plaintiffs have failed to state a cause of action for intentional i interference with business opportunity, since the City rezoned the j property in a reasonable and timely fashion. Thus, the City is entitled i to dismissal as a matter of law. I B. PLAINTIFFS HAVE FAILED TO PROVE A MALICIOUS PURPOSE TO INTERFERE WITH I PLAINTIFFS' BUSINESS OPPORTUNITY. � I Interference with a prospective business opportunity is a relatively new cause of action sounding in tort. Clark v. Lige, 181 N.W.2d 211, 213 i(Iowa 1970). The elements for such torture as follows: 1. the existence of a valid business expectency; 2. knowledge of the expectancy on the part of the interferer; 3. a purposeful intent to bring about such interference; and 4. actual damages resulting from the interference. Stoller Fisheries, Inc, v. American Title Insurance Company, 258 N.W.2d 336, 340 (Iowa 1977). Mere interference is not sufficient to state a claim, even when the defendant knew or had reason to know that the interference was certain to follow. Farmers Co-op. Elevator, Inc. v. State Bank, 236 N.W.2d 674, 681 (Iowa 1975). Thus, a specific ur ose to inure must be shown, since the defendant MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo10ES 18 ^ 11 .must have acted in part at least for theuur ossee of brim ing it [ the interference] about."' Id., quoting from RESTATEMENT OF TOUTSS (SE OND 5 766A, Coi nt d (OT7). The Iowa Supreme Court explained: "To give rise to a viable cause of action, however, the actor must have as at least one of his objects theuD rpose to injure or destroy the plaintiff." Id. [Emphasis added]. i See also PROSSER, Section 130, at 953-54. In addition, actual loss or resultant damage to the plaintiff is an essential element. In Stoller Fisheries, supra, at 341, the court stated: "It is our view that the mere possibility, or even probability, that an event causing damages will result from the mere breach of American's [defendant's] duty not to intentionally interfere... does j not render American's alleged wrongful act actionable." And again, a breach of duty not to interfere " causing only nominal damages, speculative harm, or the threat of future harm - not yet realized - will not ordinarily suffice to create a cause of action under this tort." Id. Iowa has therefore adopted the RESTATEMENT'S higher degree of culpability, namelyup rpose to in.iure. This purpose to injure or destroy is not required for interference with an existing contract. Simple intent to act with consequences substantially certain to follow is sufficient for the older tort. Farmers Co-op, supra, at 679. Regarding this higher degree of culpability, Mr. Prosser points out that ". . .some element of ill will is seldom absent from intentional interference;...." PROSSER, supra, at 953. In other words, Plaintiffs herein are required to show by a prepond- erance of the evidence that the City of Iowa City, acting through its agents, employees and officials, held feelings of spite, hatred or ill - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 r 19 will, or common law malice; and by reason of these feelings, acted to purposely interfere with Plaintiffs' business. There is no showing of a spiteful purpose to harm Plaintiffs, nor any personal spite, hatred or ill -will. Nor can any such purpose be inferred under the circumstances. As discussed above, although John Hayek counseled against considering rezoning a portion of Amerex to R3 in the July 16, 1974 meeting, the Councilmembers' comments nevertheless indicate that their concerns over density were bona fide concerns and honestly held. The reasons articulated by the Councilmembers dispel any notion of an improper motive, as shown by the questions and comments by Pat White, Carol deProsse, Dennis Kraft, John Hayek and Mayor Czarnecki found in the Transcript of Tapes for the July 16, 1974 meeting. Indeed, the two Councilmembers who were most reluctant to leave the property entirely 113A articulated that their actual intent was to insure Plaintiffs' ability to proceed with construction of 108 units. There is no reason to question the integrity of these beliefs. The City's only purpose in this referral.back to the Commission was to restrict density to 108 rather than 300 units. Pursuant to the court Order, the City acted lawfully in so doing. As noted above, Iowa recognizes density as a proper zoning consideration. So also, the United States Supreme Court has explicitly held that density is a legitimate criterion for rezoning decisions. Arlington Heights, supra, at 269-70; see also Belle Terre v. Boraas, 416 U.S. 1, 9 (1974), and Orange County, supra, at 865 ff. It is therefore the City's position that these purposes were proper zoning concerns in the case before us. 1. No Improper Motive. The ordinary standard of review for social and economic legislation is rational basis. Belle Terre, supra. However, where racial discrimi- nation is alleged, inquiry into motives for zoning decisions is required. Even applying a closer standard of judicial scrutiny, the United States MICROFILMED BY JORM MICROLAB CEDAR RAPIDS- DES MOVIES M 20 Supreme Court concluded that zoning decisions motivated by a "'legitimate desire to protect property values and the integrity of the Village's zoning plan"' was proper. Arlington Heights, supra, at 273 (White, J., dissenting). While inquiry into motivation is required in the context of alleged racial discrimination, even here the Court has held that a city's refusal to rezone which resulted in a racially disparate impact is not unconstitutional. Challengers must now prove that the underlying motivating purpose was racially discriminatory. Id. In Arlington Heights, where the Village had consistently applied its buffer policy of graduated densities in refusing rezoning requests, the Court held that such consistency negated any inference of discrimination. Realizing full well the issue of race discrimination is not before us here, the Court's analysis of improper motives is nevertheless instructive. It is the City's contention that in an inquiry of the Councilleelnbers' motives herein the only logical finding is that the density and other policy concerns were proper; and in the absence of any other invidious or malicious purpose, this court must conclude the City has not acted with a "purpose to injure or destroy." Farmers Coop, i 1 supra, at 681. The City respectfully requests this court find that the City has not i, acted to purposefully injure or harm Plaintiffs or interfere with their business opportunity, and that Plaintiffs have failed to prove an essential element of the tort. 2. Plaintiffs have failed to demonstrate cause in fact or I proximate cause. Historical trends in the law of tort have been premised on the theory of no liability without fault. PROSSER, Sections 7-8. So also, fairness requires that liability cannot attach where no causal link exists between the actor's conduct and the victim's injury. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101HES M, 21 In the case at bar, there is little or no evidence that the City's actions were the cause in fact of Plaintiffs' alleged harm. Plaintiffs contend they were ready to build in February 1974. However, Mr. Paulson testified for Plaintiffs that the purpose of his trip to the Civic Center in February of 1974 was to get information on new specifications in the plumbing and electrical codes. Plaintiffs would also have us believe that the original 1963 design plans were ready to be used in February but were obsolete in July of that same year. This argument stretches one's imagination. In addition, Mr. Byron Ross testified that Plaintiffs had sufficient assets to proceed in 1974 by carrying their own project, as other developers were then doing. However, he advised against it. Common sense dictates that the 1963 construction plans were outmoded long before January of 1974. Mr. Paulson testified that he advised Plaintiffs to "scrap" the old plans in July 1974. He also testified he would have had to spend several weeks or even months in drawing up new j plans using different (materials. There was nothing preventing Plaintiffs j from doing just that after July 16, 1974. Although of dubious probative weight in this case, even Mr. Fisher's response to hypothetical question number three was that financing would be available once the ordinance was passed and a building permit available. This was in fact true as of July 16, 1974. However, Plaintiffs' testimony made clear that there were no applications made for financin at 2ny time Burin 1974. The truth is that the Plaintiffs were not prepared to proceed with construction in July of 1974, there were no plans being prepared, they had in fact discarded the 1963 plans, and had not even started putting a loan I! package together. Surely no lending institution would seriously consider a loan of $750,000 to $800,000 without specific design plans which included cost estimates, construction schedules, etc. Mr. Radcliffe testified that this size loan was simply too big for local banks, and that the inflationary economy impacted heavily on construction starts in 1974-75. The Plaintiffs would have us believe that their difficulties were the direct result of the City's conduct. Such a conclusion is not only untenable but grossly unfair. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES n ^; 22 A more logical explanation is that the Plaintiffs were somewhat caught by surprise when they won the first case, could not get permanent financing locally because the job was too big, the money market was tight and construction slow, and the 1963 plans were simply obsolete. It would be completely unreasonable under this set of circumstances to find that the "efficient producing cause" of Plaintiffs' difficulties was the City's action. Iowa Security Company v. Schaefer, 126 N.W.2d 922, 925 (Iowa 1964). It would also be grossly unfair to the City to attach liability for the economic and business variables which are beyond the City's control. Through no doing of the City, the financial climate had changed. Surely the Plaintiffs cannot in good conscience attribute this change to the City. And it certainly cannot be said that the City was either the cause in fact or even the proximate cause of such changes. In sum, it would be unconscionable to place the blame on the City for the circumstances presented here. C. PLAINTIFFS HAVE FAILED TO PROVE ACTUAL DAMAGES. The Iowa Supreme Court recently held that actual loss or resultant damage is an essential element to state a cause of action for intentional interference with a business opportunity. Stoller Fisheries, supra, at 341. "[T]he mere possibility, or even probability, that an event causing damages will result" is not sufficient to render the event actionable. Id. [Emphasis added.] It is the City's contention that Plaintiffs have failed to prove an essential element, and are therefore barred from recovery. Even assuming arguendo that the City is liable, Plaintiffs have completely failed to prove any actual damages by competent and reliable evidence, and at best are entitled only to nominal damages. Construction was not in progress at any time during 1974, so any attempted measure is pure guesswork. Indeed, Plaintiffs did nothing to take advantage of the July rezoning which they so earnestly desired. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES 23 In addition, most if not all Plaintiffs' case was based on responses to hypothetical questions, resulting in purely theoretical and speculative evidence. This was not the proper method of proof under the circumstances. Only Mr. Paulson had any personal knowledge of the situation in 1974. His testimony was based on rough estimates without any supporting documents. He admitted he had never made formal application for a building permit at any time during 1974. He also testified that July was too late to bid out a construction project because winter costs were too high. Yet, Mrs. Hillman earlier testified that Plaintiffs broke ground in January 1978 for their new buildings. After the property was rezoned in July 1974, Mr. Paulson testified he advised Plaintiffs to start over and did not in fact have any new plans drawn up to present to the City or to a lending institution until many years later. Thus, there is no basis on which to assess damages at any time during 1974, and none whatsoever as of July 16, 1974. This is not a case where the City absolutely refused to comply, or where construction was already underway and actually delayed. In the only case found where increased construction costs were awarded as a result of i I delays, the basis for recovery was a supersedeas bond issued on a motion i i to stay the construction. Weiner v. 222 East Chestnut Street Corporation, 303 F2d 630, 634 (7th Cir. 1962). However, in that case construction was I commenced in August 1956 and continued until the supersedeas and stay i order of September 1956. Thus, construction was stopped by order of the court and recovery was based on contract rights under the bond. We have no such situation here. D. PLAINTIFFS FAILED TO MITIGATE DAMAGES. Plaintiffs are claiming damages for a period during which they made little or no good faith effort to mitigate. This duty to mitigate damages is a fundamental principle of law, based on the premise that one should not be allowed to profit from another's wrong. Plaintiffs' Petition claims damages only to July 1974. Even assuming the City is liable, which MICRDFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110IRES 24 we justly contest, the evidence is clear that the Plaintiffs in essence "rested on their rights" as follows: - no plans were left with City staff to review during 1974 for compliance with plumbing, fire, electrical and building codes; - no formal applications were made for a building permit; - no inquiries were made to the City Council, the Planning and Zoning Commission or the City Attorney regarding construction schedules; i I - no requests were made to Judge Schaeffer to compel compliance; i - no requests were made to Judge Schaeffer to set a specific time limit for compliance; i - no proposed completion dates were ever negotiated; - only two written communications were sent to the City, the first received the date of rezoning July 16, and the second just prior to filing this lawsuit September 25; - no new plans were designed in 1974, after the 1963 plans were deemed obsolete. I I In a word, Plaintiffs sat back and did little or nothing until October, when they apparently realized how bad the economy was; and now attempt to attach liability for their own lack of diligence and the inflationary difficulties. This raises the issue of Plaintiffs' own good faith efforts. The principles behind tort theories for compensation in order to make the victim whole is simply inapposite in the case at bar. On July 16, 1974, Mr. White asked, "Why can't we go ahead and issue a building r permit?" Mr. Hayek responded: "We could do that, Mr. White, and I assume that one of the reasons we have not is that they have not applied for a building permit." See Transcript of Tapes, page 28. The inevitable conclusion is that the Plaintiffs were not in fact prepared to proceed with construction at any time during 1974, and that even assuming the City had immediately rezoned, the Plaintiffs were simply not in a position to take advantage of such a situation. In the Weiner MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES W 25 case discussed above, damages were allowed because construction had commenced, construction completion dates had been established, and financing had been obtained on the basis of expected completion. The construction in Weiner was forced to stop under court order, and recovery was allowed on the basis of the bond provided. We have no such situation here. It is respectfully submitted that the court find that Plaintiffs have failed .to prove actual damages. Alternatively, only nominal damages are in order. Further, damages cannot be assessed after July 16, 1974, since Plaintiffs at no time made a motion to conform their pleadings. C. MONEY DAMAGES SHOULD NOT BE AWARDED IN ZONING CONFLICTS AS AGAINST PUBLIC POLICY. An award of money damages in the case at bar would set a dangerous precedent for local authorities with zoning responsibilities. The City argues herein that money damages for unreasonable delay, or for intentional interference with business opportunities, are simply not the proper relief for a successful challenger of a zoning ordinance. Such relief would thrust the courts into the realm of pure speculation and would impose an intolerable legislative and fiscal burden on cities. Damages should therefore be rejected on public policy grounds. Damages based on lost business opportunities should be rejected in a zoning conflict based on problems of proof, especially where no actual construction is underway. Such expectancies are by nature speculative because they are based on business acumen, to say nothing of variables such as the "cost" of money, the health of the construction industry, and fluctuating prices due to inflation. All of these variables are outside the control of a city, and indeed are often beyond the control of the entrepreneur himself, to say nothing of the business community in general. In the case before us, to attribute increased construction costs resulting from obsolete plans and the changing money market to the City is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES 26 speculative at best and specious at worst. A finding of culpability herein would set a dangerous precedent, and would work economic hardship on local governments and place an unwarranted burden on Iowa City. It would also have a chilling effect on legislative responsibilities. Further, this court should carefully and cautiously weigh the ramifications of awarding damages in a zoning context, especially where the issue of relief for successful zoning challengers is now being i heatedly debated. Even the most ardent proponents of "site-specific relief" for discriminatory zoning do not condone damages. E. Developments -Zoning, 91 HARV. L. REV. 1427, 1692 ff. (1978); see also Exclusionary Zoning Relief, 12 URB. L. ANN. 21, 24 ff. (1976). Perhaps as i one court has put it, contempt proceedings are not the proper method to enforce compliance against a city. Pascack supra, at 96. Cf. Hudson, supra, at 574; and Meael, Supra, at 379. Other courts have preferred remand to the appropriate zoning authority while retaining jurisdiction. Wood v. Twin Lakes Nobile Nome Villa es, Inc., 123 S2d 738, 744 (Fla. App. 1960). This latter procedure seems preferable. i i A few states have recognized a cause of action in inverse condemnation for damages to real "confiscatory" property resulting from confiscatory zoning. The California courts which pioneered the inverse condemnation action, however, now seem to be retreating from their original approach to such damage claims. In HFH, Ltd., v. Su erior Court of Los Angeles County, 542 P.2d 237 (Cal. 1975), the plaintiff sought damages in inverse condemnation for diminished property values for the city's refusal to rezone. The plaintiff also sought interim damages during the pendency of their mandate action. The court held that plaintiff had failed to state a claim for inverse condemnation, as well as for interim damages. The court rejected the tort theory as insufficient to state a cause of action in damages by reason of an invalid zoning ordinance, stating: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M, 27 "In so arguing, however, they (plaintiffs) overlooked the distinction between a tort suit and a mandate action; the former enables the wronged plaintiff to recover compensatory damages; the latterep rmits a party suffering from improper overg_ nmentel action to correct administrative abuse. The cases have long acknowledged This idsting, one deeply rooted in the theory of our polity." HFH, Ltd., supra, at 244. [Emphasis added]. Judge Tobriner continued: "Courts have thus recognized that.'[o]f course, it is not a tort for government to govern. ' [citations omitted] Both constitutional and institutional understandings require the legisla- tive acts, even_ if improper, find their iudicial remedy in the Id. Ltmpnasts One commentator argues against awarding money damages in a zoning challenge, and cites compelling public policy concerns for this position. Inverse Condemnation, 26 STAN. L. REV. 1439, 1449 ff. (1974). The onus of money damages in making policy decisions would indeed have a chilling effect on legislation and place an impossible and unpredictable financial burden on local government. The commentator points out correctly that the governing body is in a better position to weigh social costs and benefits, and concludes: "Invalidation, rather than .forced compensation, would seem to be the more expedient means of remedying legislative excesses." Id., at 1451. Even California is now taking a stricter approach by requiring an election I of remedies in zoning challenges. A concern for separation of powers is also evident. E. g., Eldridge v. City of Palo Alto, 124 Cal. Rptr. 547, I 559 (1975) (Sims, J., dissenting). The City respectfully requests the court find that an action for money damages for delays in rezoning be barred in Iowa as against public policy, especially where the delays were reasonably and rationally explained under the circumstances. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES I 28 IV. CONCLUSION In the case at bar, the trial court should not lose sight of the fact that the City's duty to act in 1974 ran not only to the individual Plaintiffs but also to the surrounding neighborhood, the community in general, and to complying with zoning requirements. As a result, the City had little choice but to strictly follow the state and local zoning procedures, as well as to respect due process rights. The Council had consistently been concerned over density in the North Dubuque area, and thus the City's purpose in referring the matter back to the Planning and Zoning Commission was to limit density to 108 units, rather than the 300 units permitted under R3A. There is absolutely no evidence whatsoever that the City staff, the Councilmembers or other agents ever acted to willfully, purposefully or maliciously harm or destroy Plaintiffs' business opportunity. The dialogue found in the Transcript of Tapes for the July 16, 1974 City Council meeting demonstrates that no such wrongful or spiteful purpose existed. If Plaintiffs had come in the following week with plans and application for a permit, there is no question the construction would have proceeded. Dialogue which followed on July 16, 1974 was, in pertinent part, as follows: "MR. WHITE. . .I don't see any jeopardy to the 108 unit plan by going that route. . . .the problem, of course, is the differential we have between R3 and R3A is so great that the mathematics just work out badly for the rezoning;. . . MR. WHITE: Why can't we go ahead and issue a building permit? We have been ordered to issue a building permit. MR. HAYEK: We could do that, Mr. White, and I assume that one of the reasons we have not is that they have not applied for a building permit. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIRES r 29 MS. DEPROSSE: John, the whole thing would have to go back to P&Z, or just that portion we plan to zone R3? MR. HAYEK: That portion. MS. DEPROSSE: Then they could still get their building permit. MR. HAYEK: . . .They could go ahead and build that. MAYOR CZARNECKI: Well, procedurally, they could yet a building permit if we did that tonight, to allow for 108 units. Go ahead (inaudible). MR. HAYEK: That would be correct. MS. DEPROSSE: I think it is a matter of finding something we can legally (inaudible) while at the same time preserve something of the character, whatever you care to call it, that we need to be able to preserve in that area." This discussion clearly demonstrates there was no wrongful purpose to interfere with the construction of the permitted 108 units, nor to harm or interfere with Plaintiffs' rights to proceed with construction. The City respectfully submits that Plaintiffs have failed to state a cause of action for intentional interference with business opportunity. The City's actions were reasonable under the circumstances, and thus as a matter of law there was noup rpose to harm or destro . Alternatively, Defendant requests judgment for the City for failure to prove the essential elements of the tort, since there is no evidence whatsoever of malicious or spiteful ill -will. MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOIIIES 30 Finally, if the City is found liable, Defendant requests that recovery be denied on public policy grounds; or alternatively, that damages be nominal, since Plaintiffs have failed to prove actual damages. copies to: A. Roger Witke 1400 Central National Bank Bldg. Des Moines, Iowa 50309 Reardon Law Firm 122 South Linn Iowa City, Iowa 52240 John Hayek 110 West Washington Street Iowa City, Iowa 52240 Jay Honohan 330 East Court Iowa City, Iowa 52240 Respectfully submitted, LINVA WOITO COOK Assistant City Attorney 410 East Washington Street Iowa City, Iowa 52240 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES i f I 1 i i i I 4 30 Finally, if the City is found liable, Defendant requests that recovery be denied on public policy grounds; or alternatively, that damages be nominal, since Plaintiffs have failed to prove actual damages. copies to: A. Roger Witke 1400 Central National Bank Bldg. Des Moines, Iowa 50309 Reardon Law Firm 122 South Linn Iowa City, Iowa 52240 John Hayek 110 West Washington Street Iowa City, Iowa 52240 Jay Honohan 330 East Court Iowa City, Iowa 52240 Respectfully submitted, LINVA WOITO COOK Assistant City Attorney 410 East Washington Street Iowa City, Iowa 52240 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES APPI'NU I X CHRONOLOGY OF EVENTS October 1972 - Amerex I - First case against City filed -Belle & Short, Plaintiffs v. City and individual Councilmembers. June 1973 - Trial - Amerex I - J. Lovelace, attorney for Plaintiffs J. Honohan, attorney for Defendants January 1974 - J. Schaeffer's decision - City must rezone Amerex tract to permit comple- tion of 108 units (24 units already in place). i i i i i i i *P.Ex. #.18 January 24, 1974 P.Ex. # 1 February 4, 1974 P.Ex. #20 February 13, 1974 i P.Ex. #13 February 19, 1974 & #21 i I March 12, 1974 - P.Ex. # 2 April 16, 1974 - P.Ex. #14 April 16, 1974 - & #22 P.Ex. #23 April 23, 1974 - April 26, 1974 - P.Ex. #24 April 30, 1974 - P.Ex. #18 May 9, 1974 P.Ex, # 8 *Plaintiff's Exhibit Judge Schaeffer's Order - Amerex I - filed; docket #41548. J. Hayek's letter to City Council recommending no appeal. City Council meeting - MINUTES. J. Hayek referred to the letter of 2/4/74 regarding no appeal; Council discussed implications of decision; consensus of Council to request clarification by court. City Council meeting - MINUTES & TAPES. J. Hayek presented report on follow-up to Amerex I litigation and that 1) had entered into stipulation with Plain- tiffs regarding time to request clar- ification and 2) recommend no appeal. "There was no instruction to appeal from Council." J. Schaeffer Clarification ORDER. LETTER to City Council from J. Hayek - 1) reported file Motion to Clarify; 2) court has clarified judgment; 3) recommends referran to P&Z (Plan- ning and Zoning Commission). City Council meeting - MINUTES & TAPES. J. Hayek recommends referral to P&Z for report. City Council meeting - MINUTES. Referral of Amerex to P&Z for report and'further action of Council. Forwarding letter from Abbie Stolfus to P&Z. City Council meeting - MINUTES. - J. Hayek presented copies of Amerex I. STAFF REPORT regarding Amerex Rezoning. MINUTES - P&Z Commission meeting. Recom- mendation to City Council to rezone Amerex tract R1A to 113A. - _ . _� A°o� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES HICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES M01DES -2- P.Ex. #25 May 21, 1974 - CiLy Council meeting; - MINUTE'S. Council set public hearing to rvzono Amerex 111A to R3A, as approved by P&Z - set for 6/18/74 at 7:30 p.m. P.Ex. #26 June 18, 1974 - Public Hearing - Amerex Tract - MINUTES. P.Ex. #27 June 25, 1974 - City Council meeting - MINUTES. Rules suspended and first reading of ordinance given by title only - Amerex tract from R1A to 113A. First read- ing given. P.Ex. #28 July 2, 1974 - City Council meeting - MINUTES. Rules suspended and second reading of Amerex rezoning to R3A by title only. Second reading given. P.Ex. #15 July 9, 1974 -. City Council meeting - MINUTES & TAPES. & #29 Third reading deferred one week. P.Ex. # 3 July 15, 1974 - LETTER from J. Hayek to City Council. P.Ex. #4 July 16, 1974 - LETTER to City Council from Bill j Meardon, attorney for Amerex. P.Ex. q15- July 16, 1974 - MINUTES - City Council and TAPES. side 2 - Receipt of letters from Hayek and & #30 Meardon; - Rules suspended and third reading Amerex rezoning by title only. - Third reading given. - Moved by Brandt and seconded by Davidsen to adopt ordinance re- zoning Amerex R1A to R3A. - Brandt, Davidsen, Czarnecki - aye; - deProsse and White - no. ! Motion carried 3-2 to ADOPT. - Moved by White and seconded by deProsse that 7.05 acre tract (Amerex) less 24,000 square feet immediately surrounding and ad- jacent to existing 24 units be referred to P&Z for review and recommendations on rezoning to R3. - Carried 4-1 (Brandt - no). P.Ex. #19 August 8, 1974 - i STAFF REPORT. - R3A zone permits a possible 254 units on Amerex 7.05 acres at a minimum lot size of 1,000 square feet/unit and density of 43.6 units per acre. Alternatives for reducing maximum allowable number of units on'tract presented, as requested. Staff made no recom- mendation regarding alternatives. P.Ex. # 9 August 8, 1974 - MINUTES - P&Z Commission meeting. P.Ex. #10 September 12, 1974 - MINUTES - P&Z meeting. - Unanimous decision to request legal opinion from City Attorney regard- ing legality of rezoning Amerex tract to R3; deferred decision pending advice. P.Ex # 5 September 25, 1974 - LETTER to City Council from B. Meardon, HICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES M01DES R October 1, 1974 - P.Ex. # 6 October 4, 1974 - October 9, 1974 - October 15, 1974 - P.Ex. #11 October 16, 1974 - P.Ex. #12 October 24, 1974 - P.Ex. #17 November 5, 1974 - & #32 I P.Ex. # 7 November 7, 1974 - -3- City Council meeting - MINUTES & TAPES. Receipt of B. Meardon letter and re- quest for City Attorney to draft re- sponse. LETTER to Meardon from J. Hayek, City Attorney. LETTER to P&Z from J. Hayek, City At- torney. MINUTES - City Council meeting. - City Attorney informed Council of litigation against City (Amerex II - filed 10/15/79). MINUTES - P&Z meeting. J. Hayek opinion discussed re- garding rezoning portion from R3A to R3. Action to be taken at next meeting. MINUTES - P&Z meeting. - Recommendation to City Council to -reaffirm P&Z's earlier recommen- dation to approve R3A zoning for entire 7.05 acres. City Council meeting - MINUTES & TAPES. - After discussion of P&Z recommen- dation not to rezone Amerex tract, moved by White and seconded by deProsse to set public hearing on 11/26/74, - Motion defeated - White and deProsse - aye; Czarnecki, Brandt, Davidsen - no. LETTER to Meardon from J. Hayek. - City Council voted down motion to set public hearing on rezoning Amerex and in effect accepted,P&Z recommendation to leave zoning as Is - i.e., R3A. L� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES I RESOLUTION NO, 79-504 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH METRO PAVERS, INC. TO EXTEND THE AWARD DATE FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT. WHEREAS, Metro Pavers, Inc, has submitted a contract and proposal for the construction of the South Gilbert Street Improvement Project at a cost of $1,256,982.32; and WHEREAS, the City of Iowa City finds it in the public interest to def t erhe acceptance and award of said contract until no later than January 1, 1980. ? NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1 That the Mayor be authorized to sign and the City Clerk to attest an agreement with Metro Pavers, Inc. provor an tension of he datelding untilfJanuaryX1, 1980 for theaSouthance Gilbert award Street Improvement Project. g It was moved by Balmer Roberts that the Resolution asnread cbedadoped ted, and upon roll call there were: AYES: NAYS X X X X X X X ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 23rd day of: October, 1979. G Co�LG • /�aPi� Mayor ATTEST: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0114ES RECEIVF.D & A.FFROVF,D BY .TREE LEGAL DEPdIi'PLrr377f o�OOT .« I _.___ mss._ -- 1 AGREEMENT -2 aoo7 This Agreement, made and entered into this -21rd day of October, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, and Metro Pavers, Inc. of Iowa City, Iowa. i WHEREAS, Metro Pavers, Inc. has submitted a Contract I and Proposal providing for the construction of the South Gilbert Street Improvement Project in the City of Iowa City, Iowa, at a cost of $1,256,982.32; and WHEREAS, the City of Iowa City, Iowa, desires to ex- tend until January 1, 1980 its option for accepting and awarding said Contract and Proposal. NOW THEREFORE, the parties hereby agree as follows: 1. The period in which the City of Iowa City may reject or accept and award said Contract is extended until January 1, 1980. 2. The amount of said Contract shall remain as contained in the Contract and Proposal submitted by Metro Pavers, Inc. 3. The specified completion date of the South Gilbert Street Improvement Project shall be amended to Novem- ber 15, 1980. 4. The City shall provide a physical possession date of April 15, 1980 for all parcels. 5. Metro Pavers, Inc, agrees to maintain the present ac- cess from Highway 116 and South Gilbert Street to Pleasant Valley Nursery until June 16, 1980. METRO PAVERS, INC. OF IOWA CITY CITY OF IOWA CITY 6�hdfP'L/ 'nniL�CC.S/. enneth Albrecht, President Mayor Attest: w City Clerk Vy MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..2007 ,.- a RESOLUTION NO. 79-505 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR To SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVFMFNTc - crnn.:AI V WHEREAS, Streb Construction Co., Inc. has submitted the best bid for the cons the above-named project. truction of NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to n of I wa Cit Iowa awardee secure adequate performance bond and insurancebce certificajec, to the tes. that 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts that the Resolution as read a adopted, and and seconded by Ferret upon roll call there were: AYES: NAYS: ABSENT: X BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET. x ROBERTS x VEVERA Passed and approved this, 23rd day of October —' , 19 79 MAYOR ATTEST: CITY CLERK Received 8, Approved By The Legal Department 7�' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIIIES c i I, r , f k CONTRACT 10—d THIS AGREEMENT, made and entered into this 5 "� day of 19�, by and between the _ City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused o be prepared certain plans, specifications and proposal blanks, dated they / day of _l /f Ito [I;,; 19aC , for the Neighborhood Site Improvements - Sidewalk Repair Proaram 4 under the terms and conditions therein fully stated I and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: i I 1. That the Owner hereby accepts the attached proposal of the Contractor j for the work and for the sums listed therein. i 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 1 2 b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 20ce MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. �7 Contractor (Seal) By 1� �Cc/lam• [ �. ru-(Seal) By - (Title) Mayor (Title) a22ca ATTES ATTEST: (Title) City Clerk (Title) ompany f iciaT) CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 i 3 i i l i. i i l., i I i ` { i 1 e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. �7 Contractor (Seal) By 1� �Cc/lam• [ �. ru-(Seal) By - (Title) Mayor (Title) a22ca ATTES ATTEST: (Title) City Clerk (Title) ompany f iciaT) CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 I PERFORMANCE AND PAYMENT BOND No. IA 390717 KNOW ALL MEN BY THESE PRESENTS THAT Jtreb Construction Co., Inc. Iowa City, Iowa (Here insert the name and address or legal title of the Contractor) a Principal, hereinafter, called the Contractor and Merchayts MutVkU_Qntlin9._. Company, Des Moines, Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Eighty -Five Thousand Three o Hundred Ninety -Four -Four 8 40/ bogih5 ars ($ g8,394.40) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated z< p , -:: 1911, entered into a Contract with Owner for... the Neighborhood Site Improvements - Sidewalk Repair Program In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. l NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in ` default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Ii PB -1 i if MICROFILMED BY JORM MICROLAB iCEDAR RAPIDS -DES MOIIIEs I I M 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing ' the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly j paid by Owner to Contractor. I C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two 2 years from the date of acceptance of the improvements by the Owner. I _ D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, 1. administrators or successors of Owner. i PB -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■4 IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and ' Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 31st DAY OF uctnh r A.D., 19_Z2__. IN THE PRESENCE OF: 1 G 4'r „O Witness PB -3 1r7_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■t CERTIFICATION I, the undersigned officer of the MERC14ANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and:undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice Pre;ident; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this 31st day of _Qctober , 19 79 President State of Iowa ) )ss County of Polk ) I i On this 31st day of October 19-71„ before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, r Iowa, the day and year first above written. i i Notary Public, Polk County, Iowa My Commission Expires 9-30.80 NOTARY SEAL MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F101NES w�' .., FORM OF PROPOSAL FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK. REPAIR PROGRAM CITY OF IOWA CITY NOTE TO BIDDERS: r PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Streb Construction Company Inc. Address of Bidder 18 Commercial Drive Iowa City, Iowa TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of S 6,500.00 in accordance with the terms set forth in the "Standard Speci ications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, _ materials and equipment and to perform the work as described in the Contract Documents, including Addenda #1 , #2 , and and do all work at the prices ler�eiafter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". j ' ESTIMATED UNIT EXTENDED i ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT f 1. Sidewalk, 4" P.C. C. Sq. Ft. 33,488 $_2_55__ $_a5,3_4j0 TOTAL EXTENDED AMOUNT $ 85,324, 0 i I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 410 RIES WI The undersigned bidder certifies that this proposal is odeperson 'good faith, without collusion or connection with any bidding on the work. The undersigned bidder states that this proposal made in conformity with the Contract Documents and agrees that, in the event of any discreDocuments pancies or differences between n any conditions f his Ponsooi fthe latter the osshall tprevail. reCit FIRM a 18 commercial Drive Iowa Cit owa P-7_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES H I rYA"IY. � •�r� v I ,.• � (� I C r g A � a ...y 11 s •.l .,1 J, �� . ..• /ice i �ry.Ol V *'� n? �' i' A L"� �, • • �£ '� �,'>Z ��'�" � ( �� I � gr rl �k{� �a• �l .r K r. 1 f' , • .w1d ,. r i I l. �`M • L _� i .rAMI •ND ADDaLss or .r.I Nc. Janes Agency( Inc. COMPANIES AFFORDING COVERAGES 250 E• Locust St. — Davenport, Ia. 52803 [OMPA„Y l4 "TT`R Iowa National Mutua COMPANY B LETTER ryAM1 AMD ADDRESS CT INSURED COMPANY Streb Construction Company, Inc. LETTER 28 ammercial Drive COMPANY D Iowa City, Ia. 52240 tEEIIR COMPANY r LETTER C Tnn n mtt :ity L`at pobdo of insurance IisLed Mlow have been issued to the insured named above end are in torte at Lhis lime. No:wnhstatuch a I IY any cnn4act w other document with respect to which this certificate may be issued ar may pertain theH d terms. exclusions and condifiem of such poNcies. 3100 insurance a Ord M by the policies escnlXd herein is subI Io all IM COMPANY 1(Tl(P I YPL OI INSURANCE { POLICY NUMBER POLICY Lim Ls o L a BL in Dusan f r (ALGN!La1( GENERAL LIABILITY EXPIRATION DATE (AEN ocC"BMOE _ _ A RcoA(raEHENs>vL FORM 11FOW BODILY INJURY $500 f 5 00 CCC V�, 80 131 473 SIATUIDRY 7, ' �PRLMISLS-0PLRAIpN$ S 100 HCrghMMi a EXPLOSION AND COLLAPSE PHOP(RIY DAMAGE 3 250 3 250 HAZARD UNDERGROUND HAZARD nPRODUCTWOMP(LIED S HAZARD CAL BODILY INJURY INSURANCE BO(M PROPERTY 1ING`EPL`N`DFGN1 AND PROPERTY DAMAGE S S M COMBINED CONTRACTORS f 19Pr RSONAL INJUR'I PERSONAL INJURY 3 AUTOMOBILE LIABILITY A RCOMPNEH[NSIV[ BODILY INJURY (LACHPLRSON) 1 250 FORM OCC 80 131 473 V�1I0"ED Y�.rAs NIRED IAd NOn-0vm[D i EX • CESS LIABILITY A 1CL(�jL UMBRELLA CORM LJ OTHER THAN UMBMLLA FORM A wORAERS'COMPENSAI and EMPLOYERS' LIARU n BODILY INJURY 1 500 (EACH ACCIDENT) PAOPEKVO4MAGC 3100 r.s A ` HODILYINJU(O'AND �A. PHOPERTYDAMAGC COMBINED BODILY INJURY AND C f PROVLUTYDAMAGE 11FOW 31I0w COMBINED NC 30 471 621 SIATUIDRY 7, ' S 100 HCrghMMi I'OCSCRIYIgN Or UrCNAhON_ LLp[ ISN[NICI[5 -MMM Curb Ramp Program Sidewalk Repair Program j i Cancellation: Should any of the above descr'b d policies be cancelled before the expiration date thereof the issuing com• pany will �a ' endeavor to mall __ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. '. NAME um AoulRss urcnnntuluwLD[n City Of Iowa City, Iowa DATE ISSUED, 2-30-79 Iowa City Civic Center - IOwe City, Ia, 52240y. iAU1ntORlan NET” silrt Al N[ _ n 1ACORD 25 (1•79) - IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES MICROFILMED BY Tr JORM MICROLAB CEDAR RAPIDS -DES MOINES ME MICROFILMED BY Tr JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION N0, 7979-506_ TO RESOLUTION AUTHORIZING THE ,MAYOR TO SIGN AND THE CITY CLERK ATTEST AN PROVIDEEMENT TRANSITTH THE APITALOWA ASSIISTANCEEFOROFYSO, TRANSPOR- WHEREAS, it is in the public interest Proved public transit for the citizens of Iowa Cit to provide im- iYHEREAS, the Iowa y, and provide capital assistancetoof Trans acquisition of transit e the Cit Iowa City will 9uipment, y of Iowa City for the NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA to authorize the Cit COUNCIL sign THE Depart- ment OfyTransportationattestoan agreement the Mayor to si n with the Iowa De and for FYSO_ provide transit capital assistance It was moved by Roberts that the Resolution as Perret and seconded by upon roll call there were: read be adopted and ATTEST AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X __ Neuhauser X Perret x Roberts X Vevera Passed and approved this 23rd day of October, 1979. hiA YOR l CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES � 1RECISIVErI � �_ , AGREEMENTS/CONTRACTS Attached are L unexecuted copies of /�-73-7i Y as signed by the Mayor. After their execution by the second party, please route 2) �� . T. 3) _/-29, l / 5) U %/ zc'/-itGCL�itacti�Jis to be responsible for completion of this procedure. Abbie Stolfus, CNC City Clerk BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES z i L i i 1 If • ! 1 I j I i 1 .i 1 IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT 1.0 General Provisions 2.0 Roles and Responsibilities Of the Public Agency 3.0 Roles and Responsibilities Of the Department 4.0 No Provisions 5.0 Performance Standards Y 6.0 Finances 7.0 Reporting Requirements 8.0 Contract Non -Performance 1,0 KNERAL PROVISIONS 9.0 Settlement of Disputes 10.0 Termination or Suspension of Project 11.0 Renewal, Renegotiation, and Modifications 17.0 Hold Harmless 13.0 Assignability and Subcon- tracting 14.0 interest and Prohibited Interest 15.0 Additional Agreement Provisions :: iS .':,::.:::.' :.•i• is ::nd r,n 1.,; rr:d i nL•o of i s lay of bP PRi,KSP01i7A7TON,9TMFNT an age_ncynofhtilecState Of Iowa,Phercinaf:ter called the "DEPART1413NT", and the _CITY OF IOWA CITY -- -- catr•3 ;;t 410 -$.-Washington, Iowa City owa—sz-z-0"-- — - 'i,_reinaNCIr called t'We °PUBLIC AGENCY".—in ronsiun r:�Eion of the rnntual covenants, promises and rcprr•:aen L•n Lions herein, :,e ..sties ai3rce as follows: ;;le I1•;I*A;%T.1i•:if' ngrv•os Lo t :rl ir(J r,te in I he_ PI+1 `.1^U'C as o.11 l t 13ESZI\ ' ;n this ;,r!r :;!;;;'r from July 1, 1979 Ili, .•;h DOCUMEW •I•Ine 30, 1982 AVAILOLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES i 0 I 1.3 PIIRPOSE OF AGRIiFI• ENT The purpose of this AGREEMENT .is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized by H, F, 738 FIRST Scssion of the ' SIXTY-EIGI1.111-1 General Assembly for' ' - CAPTIAti ASSISTANCE as described in the application her ie n made as a part of this AGREEMENT and hereinafter called the "PROJECT". 1.4 ITEMS COVERED BY THE AGREF,1.IENT Items covered by this AGR)•:EMENT include the parties to the AGREEMENT, the terms and conditions upon which reimbursement will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed. 1.5 D)•1F:1N.1T1ONS OF TI -:RMS The following Lerms when used in this AGREFRIENT will have the following meanings: (A) Capital F..rpenses - All eligible 13ROJF.CT expenses related to the purchase or construction of transit equipment I and facilities. (B) Capital Support Peed - Capital expenses that need to be covered by capital funding.. (C) Capital Support - All monies received by the PROJECT not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the capital support need. (D) Capital Program Support - Total capital support less the capital support from sources other than the Iowa Depart- ment of Transportation. (E) /.:: lt.m-Spec.ifi.c element or task of this AGREEMENT 1, r.:riljorl in S uf:ion 6.2 for which a maximum amount and t,r1*C1•nl,nye has linen estrnblished. (F) Cer:lirng Amount - Nar.imum amount asrigne_d to specific tasks or clr:rnr:nts of this AGRFEMENT, or for this AGREEMENT as a whole. (G) Participation Percentage - The percentage_ :;hi rh rinnot,�s I he part or portion of the PROJECT or ta:;k which will be funded by any given funding source. (H) F:u:dirg Co-:oittrrant - The maxiiaum o:,ount or rcuivnm parti- BEST cip.-ition parccritage any gi.ven funding !;oiiice h,ir: r. ounuil.f •d DOCUMENT to ,};rough the 11I11,,LTC i.Gi•;;1f;Y fnr. this /•Ir;Yr:P-11,.I4T rind Ii:•�•II•:�:'P. AVAILABLE (I) Cu;1:_:al Coatr.rrt '711;101-t - Capital :;uhprrEL- contr.;cted to the PUaLIC MENCY. rte- __ . - -. •.-..-. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i a, 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is R_OBERT A, VEVERA._.__"' (i.e., who has signatory ps) ower. - 1.7 PROJECT MANAGER The project manager for this project on the staff of the PUBLIC AGENCY is HUGH_ MOSES JR.'' who is directly responsible for the performance called for in this AGREEMENT. 2,0 ROLES AND RESPONSIBILITIES OF THE PUBLIC AGENCY 2.1 The PUBLIC AGENCY shall purchase all capital equipment and construct all facilities in the AGREEMENT for which financial i assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT. 2.2 The PUBLIC AGENCY"shall commence to carry out the goals and objectives as described in Section 5.8 and as described as PROJECT REQUIREMENTS in the application. 2.3 The PUBLIC AGENCY shall disclose to the DEPARTMENT any additional funding sources that may be acquired or made available to the AGENCY during the PROJECT period. 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT may deny part or all of any reimbursement request from the PUBLIC AGENCY that the DEPARTMENT feels is not warranted or justified or that may exceed the rightful amount. of reimbursement to the PUBLIC AGENCY. 3.2 The DEPARTMENT shall provide management and technical assis- ance to the PUBLIC AGENCY as noted and detailed in Chapter 601J of the Code of Towa (1979), 3.3 The DEPARTMENT shall, as security for the funding, hold a security inzerest on all vehicles and equipment purchased for this PROJECT by the PUBLIC AGENCY with the State participation. The security interest shall be a percentage of the market value equal to the percentage of the purchase price that the State funds represent. 4,0 110 PROVISIONS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIIIES t K r. 5.8 CONTRACT-OBJEC'I_IVES Progress or attainment of the following enumerated contract objectives will, in part, determine the level of funding during the ensuing year. Acceptance of those items will be subject to audit verification of the financial and oper- ating data supporting said items.- 5.81 Statistical Objectives_: (A) Annual Ridership = 1,700,000 (B) Annual Ridership _ ' 1,700,000 = 1. 82 Operatiiig Expense 933, 265 (C) Annual Miles of Operation = 680,000 = 0.73 bperaEing 16xlTcnse 933,265 (D) Revenue - 406,732 _ 0.44 Operating Fapense 933,2-b5 5.82 System Objectives: I (A) Increase system ridership by 3% for 4/1/79 through 3/3/80_ - Restructure the routes through an in-depth analysis and irnple- (B) -- --- - -- — --- -- - mentition by 7./15%,90. (C) Direct a marketing and a promotion campaign to increase rider- ship during off-peak hours starting 7/1/79, using the liwa DOT Operator's T4arketing Manual. (0) Obtain funding approval for transit coaches by rubrnitting a - 8LV' Section 3 rand/or Sucli,m 18 grant ahplicatiun by 1/1/80. Iqy C AIZArl' - zV 6 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 5.82 System Objectives (continued) (E) (F) (G) (H) 6,0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimbursement of expenses up to limits described in this AGREEMENT, as follows: 6.11 For each line -item of this AGREEMENT the DEPARTMENT will, upon receipt'of sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following three amounts: (A) Actual line -item amount as denoted in Section 6.22; (B) roiling amount establi.^.hed in this AGREEMENT for the l..ine-.item, as denoted in Section 6.22; and (C) The amount corresponding to the DEPARTI-IF,NT'S line -item participation percentage multiplied by the actual line -item amount as•denot:ed Section .in 6.23. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES . 1 '6.12 Advance funding is available from the DEPARTMENT for this project as follows from H.F. 738 of the 68th General Assembly: "Notwithstanding chapter eight (8) of the code, 'it is the intent of the general assembly that funds appropriated for public transit purposes to implement a state assistance plan shall be allocated in whole or in part to a public transit system prior to the time actual expenditures are incurred if the allocation is first approved by the State Department of Transportation. A public transit.system shall make application for advance allocations to the State Department of Transportation specifically stating the reasons why an advance allocation is required and this allocation shall be included in the total to be audited." ' Advance funding provisions may be made part of this agreement by amendment, in accordance with Section 11.0 of this AGREEMENT. 6.2 FINANCIAL LIMITS 6.21 The estimated total transportation capital support need of the PROJECT is $—3L9,Zf0--_, based upon the following analysis: 6.22 The DF,PARTMF.NT's participation in the PROJECT cost will be. limited to the following funding criteria: i - DEPARTMENT's LINE -ITEM DEPARTMENT'S PARTICIPATION LINE ITEM CEILING AMOUNT PERCENTAGE i — --------- 3 BUSES--- --_._._ ^2, OZ9 -- t. i. TOTAL DEPARTMENT CEILING CONTRACT $Z,029 LIMIT we MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0.64 I i Total Capital Funding$ _-319,200 — I 100% - II 1008 Amended to substitute FY'79 line items for purchase of bures line item during this cuntr;:- performance period. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 6. 23 The capital_ expenses for the PROJECT will be covered by capital furding'cons1sting of the following sources: CAPITAL FUNDING (ALL SOURCES) PARTICIPATION PERCENTAGE SUPPORT If PROJECT A, CAPITAL SUPPORT SOURCES -AMOUNTS) 1. CONTRACT SUPPORT o.64 o.64 a. Iowa DOT $.2, OZ9 --- "— j b. Iowa DOT(FY'79 carryover) 14, 730 * 80.00 — - 80.00 _UMTA Section 3/Fection 18 255, 360 .4. 6t 4:61 d.- Iowa DOT(FY'78 carryover) 15,161. 4.75 4.75 _ - - e. h. i. j- 2. NON -CONTRACT SUPPORT a. City of Iowa City (Equipment replacement ReserveFund) $31,920 10. 0.0 10.00 p, I Total Capital Funding$ _-319,200 — I 100% - II 1008 Amended to substitute FY'79 line items for purchase of bures line item during this cuntr;:- performance period. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 6.3 PAYME'N'T OF VUNDS 6.31 In the case of ally individual line•-iLr•rn and the total contract amount,'if the ::mount Pligib.le to be paid cgnal•s zero dollar, there will be no funding by the DHPAR'1MXNT for any such l inc-•itrms as this circrun:;l:ance rppl i ns to line -items, and fur I -be total contract- as 1 his r,i rcnw:;t:ance appl ir's to the lutal Contract (refer Lo Suction 6.11 for line•-.i.toms and Section 6..12 for the total contract), _ 6.32 .r£ there .is no _"capiLal :support need% there will be no funding by the DEPARTHEN1f. No provision for profit or other .incrrment above cost at DEPAR'lI-SENT EXPENSE is intended, 6.33 Rei.Inbursemont requests by Lhe P1.113LIC AGENCY Lo the DE'PAR'1MENT shall be made by line-itcm'as outlined in Section 2.22 Reimbursement requests shall reflect costs incurred toward each task_ Over- runs in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the • DEPARTMENT prior to the occurrencoof the cost overrun. THE DEPARTMENT's total ceiling amount shall not he increased by this provision. 6.34 Any revenue generated by .interest payments on PROJECT funds .hall be credited Lo the PROJECT ns non-operating revenue. 6.4 No Provisions G.5 AUDIT AND TI<FPY,'C'TI0N OF nOOYS,- PRDI'L•'RTY AND SEWHIE 6.51 All ar..r_ounting prnr:ticr's applied and all rouor,is ::win - t a i n -d will he in arcoflance wi A gonr•rally :I4.,,P;.t.e'd t_ i 1.89 pc.i nci phis and I;rorra7ures asr.l l as 1 L,;sc that m4Y he prnscrihr'd by Lhe DIiPAR'PMENT. 6.52 ',he_ VW'I,IC AGENCY shall permit and shall require i.Ls cont.roct:ors to permit the DEPARTi1Y.NT's authorized 'r-P.prn!3.I nLives to inspect all work rrator..ials, ::•:r::,?s, :l,d r,ny 01:111-:r data with rr•garrls to rhe PROJECT ami l.o „ariit the honks, ro,:ords, rind r:crunr,l.s of 1?)P_ r:'::r,iC A('L:'M:Y ,,nd its ConLracLors with r,:r,ar,;s to the I'r•mmT. 6.',3 All. rr•rr,rri; .;hplic. hlc to Ilse 1'Y�)•I1•,r"P :';t: be r,•t.•ir„•d •tv.-il.:hlo to liio i),)T far a L••ri:.:7 of Ilu:'e (1) v.• is •Ifs l_1.- t.?, r. 1:1one o : f 1111: 1';'(WXI.T Iu•r i•n7. 1111! 07 .I -H: !:r'. NI -'y :.;:1111 I'_1.vi,?e „nl,;,•r: of !:.I if] r:.1:,rrll: .::nl rirn:r,;;u•I Lo DOCUMENT tl,e Drl•::;<',';s::r'P nl:,n r,::In:: ;lr. AVAILABLE 10- '11C"OFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES e a ,_ 6.54 The PUIIL'IC AGENCY shall provide all .informat:inn and rcportcs r.ecpiirnd by the 1)tiPAlt'PMI;NT and ::hall perrmit access to it.:; Looks, 'rc:anrda, accotml:s, other sourc:.•s of inform.d.ion, rend if::; facili.l jos r1s m,cy Lc cleLc•iminr(j by 1.110 I)XI1701'IM1-NT I:o be peri•incnt 1:0 a :crrlain com- pliaiice. Yiluore any information required of the PUI71,1C AGENCY is in the excl.us.ive possr_ssi.on of another who fails or refusas,Lo furnish this information, the 1'UA1,LC AGENCY shall so certify to the Uh:PARTI*.NT and' Shall set forl:h what efforts it has made to obtain the infuimaLion. G.55 The 1'U13L:IC AGFINCY shall permit Lhe DF,PARTIIIF.NT or its authorized .repro:;unt:aLivus, to inspect all vehicles, facilities and equipment that are part of the transit system, all transportation services rr.ndnred by the PUBLIC AGENCY by the use of such vehicles, facilities and equipment, and all transit data and records. 7.0 81.1101 I Nc RI -0U t 1?1:tlrrrI'S 7.1 QIIAIZ'1'1•:I(I,Y IIK7'OUTS The PUBLIC AGI{NCY .,yroi s f.o snpply at cluarLurly financial operatiny sL.if.umrnL• along wif.h a list of all funding sourr_cs and-mioimLs and a (1 11 n,trralAve progross report utiliz- ing the report forms supplied by thr, ))RPAR'I'M)-'NT. This in-Aer.i.al must be :;uLmi.LLed. Lo 1.11e DI°PAR'1411i14T within 30 days after eacli of the first three cTrartnr-s, Failure to do so during this contract period may result in the establishment of a penalty or forfeiture clause in the following year's operating contract, at the discretion of the DBPARTMENT. 7.7. YXAR 1•:4D M -TORT AL the r•nd of the PiM31a:T period, tho PUNL'IC AGF;tNCY must a::l -nit within 45 clays a final invoice, narrative and financial ,..•r.,liny ::I .11.•;rr:nL' ::Lcr;:iuy the Lolat r••:j.r•n:'r- r,nd revenue .,t Clic IP:..Ita:'P. P,filnre to do !;o will he ytoilmis for forfei.t- MI! of Ihc: funding of Ihr_ porl.ion of f -he P)ROJFtCT by 1 he I)I;Ilk UTI-1XWE'. . 1.3 RF:IMNIJ :;I:MXNT 1NF014MA'I•ION 7.31 The 1'IILIJC P-GI:IICY may submi.L• prryrossivo Li 11 in,; s f.o , I,e Ui:PAI(TMi:.NT covering LLose P_lic,ible cocas 11.•11• 1;.,;•r. Lean incurred and paid by I-l1P_ PURLiC i DEST D0CUM1:?'T AVAILAl11.L 11 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 7.3 RE.CMBURSRI•IENT INFORl-WrION (continued) 7.32 The PUBLIC AGENCY agrees to submit any nocr_ssary daL.a and informaLion as' Lhr. DEPARTMENT may require Co jusl.i Cy and support'said PROJECT costs and payments. 7.33 The financial capital statement and narrative progress report must accompany all requests for capital assistance and be itemized so as Lo allow the DEPARTMENT to verify Lhat the costs conform to the budget and objectives as ontlinod in this AGREEMENT. 7.34 All invoices for capital n:;si::L:uir:e must be accompanied by eitlier a purchase ordur or an Invoice from the vendor 7.4 REPORT SUBMISSIONS I B iAll reports and submissions from the PUBLIC AGENCY concerning the P110JECT shall be sent to the Public Transit Division, Towa Department of Transportation,:5268 N.W. 2nd Avenue, Dcs Moines, Iowa 50313. i 8,0 CONIRACF 'JON-PITFORMANCE f I 8.1 in the event of the 1''UIii,IC A(:hNI:Y's non• -compliance with the provisions of Lhi.s contract, Lhe DF?1'AR'1't•1ENT ::hall impose ::nch contrfu:t sanctions as it may rletm.mi.ne to be appropriate, including, but not limil.ed to: (A) Withholding of payments to the PUBLIC AGENCY under the contract until the PUBLIC AGENCY complies, and/or (B) r.:,necllntion, Lerm.i.nation, or suspension of the contract, in whole_ or in p,iuh. 8.2 If •,t :,uy f.ir:c it is r1eLr•r::,inrd by flit,. illil'I•R'i';;hNT that thr.•re is ..iiy r;olsi.;u:)iug right or. ,_-lain of ri:,LL- in or Lo Lhe PROJECT prop:nrfy, f.he r•xi:;tgncr. of •:ilei ,n'onl::s on undue risk of .inf.arfc•rence with Phe oprvration of fie PRi)J1:CT or j Lhe performance of the covonanLs of the 1'I1111.IC ),GEIICY herein contained, the PUBLIC AGENCY will acr,uire, evf:ingiiish or modify ::ai.d right or claim i.n a manner ,.,.7uptable Lo Lhe 111{ I'i, lz'I'11 i :W'r. 0.3 '1'Lr: 1'I.1M,1C A(11•:?9CY will pr:,,::l,I l.y, upon wiif.l.r:n rroLifi.c•,,Li,.,n :i;l,ur•:e flip NI•;!'iu<'I'NLIJ'r far ,iny jusfifi.,b)c nurli.t oxccpl.ira,s. if r.:iwLur::,•.u,•nl: of. ,:unit ,•:fcr•pf ion; is not made l.o U:e i r'!'i.irrNiiw'r :,,i.11,in 180 ,l.,y; of :.aid tarif.l,•n nr,Cifir:,:l ion, Lhc i;i:;'iaf9:�h:?i'r m•r tcc,,v,:r :.ur:Ii : r: iCd-iii l::c:.u:,lLa; fr ern :, u'•;••::y :unl: ,gESEN,� SL.,te Traw;i.L• F.•..;y:,l.�:n!:r. I:fa+f:i:!•f';Il'I:S it Lhr: UI:I'T.h'i;i!iN'i"s ills- DOCUM :teflon. AV : i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES I B ■ I 9.0 SLITI_ENLNT OF DISPUTES 'Phe DEPARTMENT will, in all cases, dreide illy and all questions which may arise concerning a question of fact in connect -ion with the itclns covered by AGREEMENT, or between the parties of this AGREEMENT.- .10,0 GREEi•fENT.10.0 11:Rpj1NAT10N OR SUSPHNSION OF PROJECT 10.1 Te.rminaLi.on or Suspension Cr.nr_rally -If the PUBLIC AGENCY abandons or before completion, finally discontinues the PROJECT; or if, by reason of illy of the events or reasons, the colmnencement, pr.oser_•ut.ion or timoly comploLion, of the PROJECT by the PUBLIC AGENCY is rendered improbable, infeasible, impossible, or illegal, Life DEPARTMENT may, by writtr-n notice to the PUBLIC AGENCY suspend any or all of its obligations under this AGREEMENT until such time as the event or condition 1 resulting in such suspension has ceased or been corrected, or the DEPARTMENT may terminate any of its obligations under this AGREEMRNT. LU.2 Action subsequent to notice of termination or suspension upon receipt of any final termination or suspension notice under [.his Section, the PUBLIC AGENCY shall proceed promptly to carry out the actions required which may include •illy or all of the rollow.ing: (1) nocessary action Lo germinate or suspend, as the case may be, PROJECT acl:ivitics and contracts and, (2) t Furnish a statcanrnt of the status of the project activities F ;rs well as a proposed schedule, plan and budget for terminating or suspending and closing out PROJECT activities and other undertakings the cost of which are otherwise includable as PROJECT costs. The closing out shall be carried out in con- formity with the latest schedule, plan and budget within a reasonable time. Reimbursement to the PUBLIC AGENCY in the event of termination shall be for actual costs in accordance wi Lh Gccl. i on 6.0 of this AGRRHMENT. 10.3 G.h.,r C,:mli P ions - not:wi l:h ,t:anrli ng ally othr.r provisions of i 'l. i:; !•1'i:r'i•.::i•::7P, Ihr- I)F;l''7•.R'I';dlil•1'P .!:ay rlrct by notice in writing :.pit 1.0 .il;r- a p.1f;:1-Tit 1.0 the PUBLIC AGENCY if illy of the rollow- i:;g c::adit.ions rif t:nl.mination or suspension at the discretion of the OF PAR'i'1.1 EN T. 10.31 The PUBLIC AGENCY shall have made mi.srr:prr:nnC::l:ir;n of a. material nature in its application, or .::,y r;,.p- plcmrnt or amondrm:nt, or in or with rosrr.ct 1.0 ::ny documrnlL or d:,ta Furni::h..d. f10.37. 'Phr.•re i:; plvlrii ny 1 i Li.Jal i r,n with n!spccL• Lo the per - Ly lho 111MIIC A1:1';i1(:Y of •Iny of its dol.ics or (,))I IrJ,:I ).,IIS -ah 11.11 may jra[4f I'Ii i;e Ur .vl Vr: C":._l.y .$I I"!ct Ilio i'i'rJ•1Kt:'I', I hr. A.r�itl;F:i;tiJT, or to the 1'Y.OJiir"P. BEST DOCUM',NT AVAILABLE i .13 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES M , 10.3 Other Conditions (Continued) 10.33 The PUBLIC AGENCY shall have taken an action perf.ain- ing to the PROJECT which under the established pro- crrbures required Lhe prior approval of the DOT or :;hall havc.procecded to make r.clated expenditures or incur rr_1at:cd obligations wil:hoot having been advised by the DOT I:hat Hie same are .^,at-isfact:ory. 10.39 There has bren any violation of the conflict of interest provisions contained herein. _.. .. 10.35 The PUBLIC AGENCY shall be i.n'dnfanit unrler any of the provisions contained horcin. .11.0 RENEWAL, RENEGOTIATION, AMID MODIFICATION 11 L3 In the event the DEPARTMENT desires to make additions, changes or modifications in the PROJE'C'T, the PUBLIC AGENCY agrees that such changes will be made subject to its approval. In'the event snr:h changes involve substantial additional expense and time, Hie PUBLIC AGENCY shall advi.se the DN.PARTI•EWT or its authorized rnpresrnt;at-ives in writing. Such changes shall be made only after i:hc DEPARTI.1ENT gives written authorization to Lhe PUBLIC AGENCY. r, 11.2 In the event I.hat during 1 -lie per.iod of work, the PUBJ,IC AGENCY shall find it advisable or nocescary I:o change, alter,or modify the PROJJsCT in -lily way in ortler Lo improve I:he PROJECT in ::orae manner, the D1iPA12'.I'MI•;NT agrees that I:he PUBLIC AGENCY may make such changes, alterations or modifications, provided that the DEPARTMENT or its authorized representative shall be advised thereof BEFORE such changes are made and shall approve of such changes in writing. 11.3 The ll1 PAlYt7 I:IJ'1 or PUBT,fC AGENCY may, from time to t.ime, rcqurst rrhannrs in "le .^.cope of cervices and/or the time of performance herrund,:r by I,he PUBLIC AGENCY. Snr_h changrs inr-lnding Wily i ern r.:ar- in I.hr. -11-90111111 of r..;;:.pr•n :nLion of the I'l MTc 'tGF.idCY h .,re r.nlnally ngroorl upon Ly .uul bet_wr.•rn Ilre DEPARTMENT .,,nil Lhc PUBLIC AGI'NCY shall he inrorporaLcd in writ.Lr•n amrnd- ,nr:nts Lo this AGREEMENT. 11.9 During the r.oucse of the PRO.IEr:T, it may be nr-•r(-?r.sary to rc;visc the PROJXCT hndaIot. 1I0 midget revisi.,n :;hall he ,:•i'f ,,:live unless the 1) I'AR'JY•11•;1JT :;hall have ::pp1't,vr•d Lhe l;riur Jo Lhc change and approval Ihr;reof to hn ,loc•umr-nlyd in wri1:ing. 11.5 Tho PWILIC AGENCY to sr:rnrij wril.Lr•n (Jr any in .:ny of. I.hn objr:r,l ivr• prior Lo init i.,l:ing „r• nn,lr:•r- L,:Y,i:ul 'my such ,:hnnrjes. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES I 17,0 1101_D HARMI.LSS 12.1 RESPONSIBILITY FOR CLATMS AND LfABIr.1111Y The PUBLIC -AGENCY shall be responsible for all damages to life, body, and property due to the act:ivilics of the PUI3LIC AGENCY and its agents or employees, in connection with their services under this AGREEI-LENT, and agrees to pay cost, charges, expenses, or incurred liabilities to said agent's or employees arising hereunder. The PUBLIC AGENCY specifically agrees that its agents or employees shall . possess Lhe experience, knowledge, and cliaracter to qualify.. i:hem'iridivi.dually for the paY:ticulai duties they perform. Further, it is understood and agreed that the PUBLIC AGENCY shall indemnify and save and hold harmless the DEPARTMENT, its officers, employees, the. State of Iowa,, and the Federal Cuvernrnent for all claims, suits, actions, damages, and costs, whe_ther:real or asserted, arising out of any negligent act or omiss.i'bn, whether real or asserted, on the part of the PUBLIC AGENCY, its officers, agents and employees or sub- contractors which may result from their operations in con- nc,.cl:ion with the work to be performed. 12•.2 LTABiLI111Y OF THE DEPARTMENT 'Phe DI.IPARTMENT shall not be obligated or liable hereunder to any party other than the PUBLIC AGENCY_ .. -:.13.0 ASSIGNABILITY AND SUBCONTRACl.II1G 13.1 Subcontracting, assignment, or transfer of all or part of Life duties, activities, and responsibilities the PUBLIC AGENCY is obligated to perform by the terms of this AGREEMENT arc prohib.iLed except with the prior written approval of the UKI'AR'1'N1.1N'P. rn Life event the DEPARTI•IISNT gives such approval, the 13"11'1-y or parl:.ics 1:0 whom such work is subcontracted, as:;igned or tr+m 5ferred shall he bound and Obligated by the terms :;nd cr.,ndiHOf's of I.his AGRF:I:J1-IFNT as fully rend complet:ely .Is the I'Ulil'IC, AGENCY. 13.2 The- PUULIC AGEMCY i.hall Lake e;uch action w.i.l:h respect to ;,fly ruhcont ra,-I: or procurement as the DEPARTMENT may direct .:s a means of nnforcing such provisions including sanctions for non-rompli.anre_; prowled, however, Ph.3t in the evrntL t:he 1'MILTC AG):NCY beromcs involved in or is Lhrr•ot:r nr:d with tioil with a srlbcontracl:or or ::upplir•r cars a r.::u11.L of such di.recLion, the PUBLIC AGENCY I:;ay r4r11r•til Ilse UEPA10111"IrT Lo r_•nLe_r inLo such litigation Lo the. inLurrats of the Sl•a1:e. BEST DOCUMENT AVAILABLE -15- r--_ . -- - - I.. -.-•-.- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES a 14,0 INTEREST AND PROHIBITED INTEREST 14.1 The PUBLIC AGENCY shall i.nnert in all contracts entered into in connection- with tiie PROJECT or any property included _ -in any f;ROJECT, 'and sha.l.l• require its contractors to insert in each of their subcontracts, the following provision: ."No member, officer or employee of the PUBLIC AGENCY ' •or of the locality during 1iis I.anure or for one year thereafter shall have any interest, direct or indirect, •- _-, .• in this contract or the proceeds thereof."' •- The provisions of this subxcl:ion shall not be applicable . to any agreement between the PUBLIC AGENCY and its fiscal depositories, or to any agreement for utility .services the rates for which are fixed or controlled by a Govern- mental agency. 14.2 Neither the PUBLIC AGENCY nor any of its contractors or their snbcontractors shall enter into any contract, sub- contract, or arrangement in connection with the PROJECT or any property included or planned to be included in the PROJECT in -which any member, officer, or employee of the PUBLIC AGENCY or the locality during his tenure or for one year thereafter Lias any interest, direct or indirect, If any such present or former member, officer or employce involuntarily acquires or had acquired prior to the beginning of his temire any such i.nlerr_st, and if such interest is immediately disclosed to the PUBLIC AGENCY, the. PUBLIC AGENCY with the prior approval of the DEPARTMENT may waive the prohibition contained in this subsection; provided, that any such present member, officer, or employee shall not participate in any action by the PUBLIC AGENCY or the local.i.ty relating to such contract, subcontract or arrangement 14.3 No member or delcgal:e to the Towa State Legislature or to Lhe Cnngruss of the United States shall be admitL-ed to any .hare or part of the AGREEMENT or any benefit arising there- from. 15.0 ADDITIONIAI_ AGREEMINT PROVISIONS Some miscr_.ilaneous general provisions not inclur'cd 41^r:.h,c•re in the ACRE.,' E'NT are as follows: I.S.I. ENTIRE AGREEMENT This cunl:ract, expr.es:;es Lhr_ enl:i rc M1,10—:EMENT br.Lwr-•cn pactA0- .uid no r.epr.cr,r:l)0ti.ons, pir1;ni0es or warrantics have ln;r_n m:rdc by ciLhr,r of the pnrLi.es I.h:,t ace_ not fully BEST \ exl,ces:;ed herein concerning this IlUOJECT. T)WIE lENT1 AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES M+ I 15.2 SAVINGS CLAUSE 15.3 i 15.4 15.5 If any provision of this AG1tF7i;MP.NT is held invalid, the remainder of this ACRI•;I-A-IhNT Shall not be affected thereby if such remainder would then continue to cunfOrm to the terms and recjuirunu:nts of applicable law. t9012D ING' All'words used herein in the si.nynlar form shall extend to and include the plural.- All words used in the plural form shall extend Co and inclu(lc the-sinyular. All words used in any -gender shall extend to•and .include all genders-: BONUS AND COI.IMLSSION PROBII3ITION By execution of the AGREEMENT; the PUI31,IC.AGENCY represents that it has not paid and, also, agrees not to pay, Y bonus or commission for the -purpose of an obtaining an approval of its application for financing hereunder. SUCCESSORS AND ASSIGNS_ It is further understood that this AGRY.EMF.NT and all contracts entered into under the provisions of this AGREEMENT shall be i bi.nd.i ng u1'un the DEPAIMXNT and PIJBT,IC AGENCY and their succea;a;Ors and assigns. e 15.6 COt•1PI,.IANCE t41'1'II I.At•7S 15.,61 The pU131,1C AGENCY ngcees to comply with all Federal, State and local laws, ord.i.nances and resolutions applicable to the prosecution of the work covered by this AGREEMENT. BE5'T • • DOCUMENT AVAlLART:r 15.62 It• is specifically understood and agreed by the parties horeto that participation by the DLPAR'V-IENT in this pl<OJECT requires compliance with the rules as defined unrle-r the Iowa Administrative Code 820, which are !,:-rain incOrporatrd by reference and made part of this n(i i2 F.dI i F.NT. 15..63 It is understood and agreed by the parties hereto that participation by the DOT in this PROJECT requires compliance with the rules as defi.nr.•d under the Io•r:a Administrative Code, Transpor.lation 87.0(01,8]2.0(307) subtitled procuremant.. These rules became effec- I.i.ve July'16, 1975, as provirirad umbar (he- :%,bnJni- sLrative proealure Arot, Chaptrrr 17A,• Of the Code Of Iowa, 19'15, which are he_r.ein inr.Orpoi:al.od by r.efercnr:e ::nd made part of Lhi5 A(;R I:F;!•11ii T1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOItIES 15.7 COPYRIGii'P PROHIBITION No reports, maps or other documents produced in whole or in part under this AGREEMXNT :;hall be the subject of an application for copyri7ht by or on behalf of the PUBLTC AGENCY. 15,8 CONTRACT EXECUTION This contract may be simultaneously executed in several counterparts (in which case there shall be no less than three (31 each of which so executed shall be deemed to be an original, and such counterparts together shall con- stiLute one and the same instrument. TN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be executed by their proper officials thereunto duly authorized as of the dates below indicated, IN WT'I'NIiSS THEREOF, we have horeunto set our hands this day of ... - _._-- -- -� 1979. u CITY OF I011A CITY PUBLIC TRANSIT DIVISION 410 E. Washington IOWA DEPARTMENT OF TRANSPORTATION Iowa City, Iowa 52240 5268 N.W. SECOND AVENUE DES MOINES, IOWA 50313 Phone: 515/281-4265. Robert A. Vevera Br;ST DOccjm.0 1) AVAil,A,Bl�Q By: '.Joanne Short, Director MICROFILMED BY DORM MICROLAB CEDAR RAPIDS -DES MOINES MICROFILMED BY JORM MICROLAB Lnnu �nrlos•�u- ^uuM s .Aty of Iowa City' MEMORANDUM DATE! October 19, 1979 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule 1:30 - 5:00 P.M. V1 as 1:30 P.M. - Review zoning applications 1:45 P.M. - Council agenda, Council time, and Council committee reports 2:15 P.M. - Construction Status Report from Hawkeye CableVision 2:45 P.M. - Slide Presentation - Johnson County Council on Aging CDBG Projects 4:00 P.M. - ExecutivSessioate npendingnlitigation/and collecctiveobargaining 4:45 P.M. - Consider appointments to the United Action for Youth Board, Board of Appeals, and Board of Adjustment 7:30 P.M. - Regular Council Meeting - Council Chambers 979 1:30 - 5:00 P.M. N/IUtl 1:30 P.M. - Review zoning applications 2:00 P.M. - Council agenda, Council VandalismVideo time, and Council committee reports United 3:00 P.M. - RalstonCreekWatershedStormwatero Management n for hPlan - Public Works 4:30 P.M. - ConsiderFinancial oto nance �Board appointment and Appeals the ofElectricalExaminers er 30, 1 7:30 P.M - Regular Council Meeting - Council Chambers PENDING ITEMS Northside Study Area Transportation Study Discuss Major City Projects Streetscape Phase II -B Ramp B, Block 64 - November 12 Volunteer Assistance Program - Slide Presentation Plaza Maintenance and Snow Removal Sidewalk Snow Removal Program Airport Commission Funding Request Office Space Rental Housing Code Undergrounding of Services in CBD Appointments to the Board of Appeals and Riverfront Commission - November 27, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES . , "�Ity of Iowa City---,, MEMORANDUM DATE: October 19, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from City Manager to Assistant to President Carter regarding SMSA status. Letter from United Way regarding attendance at joint budget hearings. CDBG progress report. Copy of memo to Housing Board of Appeals members from City Manager in reply to their letter on the agenda. requesting Council interpretation of a Provision of the Housing Code relating to storm doors and windows. Correspondence with Kenneth and Raija Starck from the Department of Housing and Inspection Services, Memorandum from Director of Public Works regarding building sites on Grant Court right-of-way and 5th Avenue right-of-way. Memorandum from Johnson County Regional Planning Conmission regarding agency summaries for next week's hearings. Newsletter for Lower Ralston Creek Neighborhood, October 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES I I I L I j I j i "�Ity of Iowa City---,, MEMORANDUM DATE: October 19, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Copy of letter from City Manager to Assistant to President Carter regarding SMSA status. Letter from United Way regarding attendance at joint budget hearings. CDBG progress report. Copy of memo to Housing Board of Appeals members from City Manager in reply to their letter on the agenda. requesting Council interpretation of a Provision of the Housing Code relating to storm doors and windows. Correspondence with Kenneth and Raija Starck from the Department of Housing and Inspection Services, Memorandum from Director of Public Works regarding building sites on Grant Court right-of-way and 5th Avenue right-of-way. Memorandum from Johnson County Regional Planning Conmission regarding agency summaries for next week's hearings. Newsletter for Lower Ralston Creek Neighborhood, October 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES CITY OF IOWA CIVIC CENfE CITY R 410 E. WASHINGTON SI IOWA CITY IOWA 52246 (319) 354.180 October 19, 1979 Mr. Jack Watson Assistant to the President White House 1600 Pennsylvania Avenue Washington, D.C. Dear Mr. Watson: I This letter will provide written confirmation and additional detail concerning the matter of Iowa City's current status as an SMSA (Standard Metropolitan Statistical Area) but not an Urbanized Area, which we I discussed during your visit to Iowa City on October 18. We are very concerned about this situation, particularly in regard to our public transit system. Over the past decade, Iowa City has developed a sophisticated and enormously popular local transit system, even though we have never received any federal operating assistance. The past two years have seen an explosive increase in operating costs, particularly in fuel, parts, and labor, while at the same time the demand for transit service I has increased over 30%. The net result has been a drastic increase in the i burden placed upon our local resources. For the past several years, we have eagerly anticipated the achievement of SMSA status, believing that this designation would entitle our area to additioSectionn5lofethe aUrban Mass sTransporitation Act ntransit oInrcomparing Iowaccitydto other SMSA's in the State, it appears that we would be eligible for transit assistance of as much as $400,000 per year. Within the last month we have been designated as an SMSA; now, however, we have discovered that SMSA status is not sufficient, and that we need to be designated as an Urbanized Area in order to avail UMTA assistance. Furthermoreourselves of Section 5 , we have been informed that Urbanized Area designations are only made based on decennial census data. This in turn means that Iowa City, although an SMSA, will not be eligible for this I program until at least October 1981. f Apparently there are a number of other cities that find themselves in a { situation similar to ours. Therefore, we request your assistance in dealing with the Department of Transportation and perhaps the Bureau of designatedltansSMSA, eems entirely still wait illogical tt o yearsnorblongerffor een athe Department of Transportation to confirm our eligibility for Urbanized ao�a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Area assistance. In the interim, it is very possible that Iowa City's fine transit system may be forced to curtail service or raise fares drastically. We soI' y ur help in this matter, and look forward to your early reply. Sine yours, r Neal G. Berlin City Manager cc: Berry Crawford City Council be 5/11 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOIRES M lowu Gly, 1A 52240 October 10, 1979 Iowa City Council Civic Center Iowa City, Iowa 52240 Dear Members of the City Council: This particiletter pationby both the express thesupervisorseandothercounciltat the k of Thursday evening joint budget hearings. We would like to re-emphasize the reason for the joint hearings: the principal rationale is to acquaint all the funding bodies with e be to the advantagegras in ofmboth then cityCandton the countyXtoplearntabwoul outd scouting programs, even though only United Way funds them, since both the city and the county are funding the social center at Mark IV. We are aware of the demands made on your time. However, the hearing process was conceived as an educational tool to acquaint active citizens as well as governmental leaders with the needs of our community. It is our feeling that participation in the hearings saves the funding bodies both time•and money. May we suggest that, if you cannot attend, you may find it advantageous to ask a staff person to participate to maintain a thread Of continuity and to insure that you receive the benefit of the process? Sincerely/yoouurs, Pames"Shank# President United Way Board William -;n.. Allocationst`'Division rtirperson t cc: Johnson County Board of Supervisors 7 Sally Baldus, Chairperson Planning Division MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Q011 I u CODPIUNIT)' DEVELOPMENT BLOCK GRANT PROGRAM PROGRESS REPORT: SEPTEMBER 1979 I. CDBG Administration j Work in Progress: 1. Contracted for printing of housing information pamphlet. 2• Assisted preparation of comprehensive 2-year audit. 3• Continued preparation of Small Cities project environmental review record. 4. Adopted redevelopment plan for Small Cities Iowa Chapter 403 requirements. Project area to comply with Work Planned: 1. Distribute housing information pamphlet by 10-31-79. 2• Complete Small Cities environmental review record by 10-19-79. 3. Initiate Small Cities acquisition and relocation procedures following Council approval by 10-10-79, II. Housing Rehabilitation f — i Work in Progress: I- Completed CDBG funded rehabilitation contracts begun prior to July 1, 1979. 1 2. Awarded contract for rehabilitation of Summit under HUD 312 program. Street cooperative apartments 3• Continued developing additional multi-family rehabilitation project using HUD 312 program. Work Planned: I I 1. Plan new CDBG funded rehabilitation contracts followin HUD (contained in approval of fifth year entitlement appligai 10-31-79. guidelines recommendations on the form of assistance and priority beneficiaries I , re 2. Continue to administer rehabilitation of Summit Street cooperative apartments - completion date: 2-8-80. 3. Complete remaining PY79 rehabilitation cases by 10-31-79, III. Neighborhood Site Improv __ nts See separate detailed report. f � I i 9 i I V MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOINES ■ i . I j' I' i I� f� j i -2- IV. Ralston Creek Flood Control Work in Progress: 1. South Branch Dam A. Set timetable for staff review of appraisals on properties to be acquired. Complete staff review by 10-23-79. B. Completed final construction plans and specifications. 2. North Branch Dam A. Completed preliminary design. B. Responded to lawsuit filed against City --Environmental Review Record. Work Planned: 1. South Branch Dam A. Establish just compensation by 10-30-79, and initiate negotiations on land to be acquired by 11-12-79. B. Continue acquisition procedures with goal of awarding construction contract in February or March 1980. 2. North Branch Dam A. Continue final design and plans - complete by January 1980. B. Continue informal acquisition discussions - initiate formal procedures by January 1980. V. Housing Code Enforcement Work in Progress and Planned: 1. Continue minimum housing code inspections and compliance follow-up in CDBG project area -- 57 structures inspected during August 1979. VI. Aid to.Victims of Spouse Abuse Work in Progress: 1. Completed project environmental review record and published required notices. Work Planned: 1. Obtain HUD release of funds by 10-31-79. 2. Develop draft contract between City and Aid and Alternatives for Victims of Spouse Abuse by 10-31-79. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ■ i t i i t 3 I { i i i 1 r' VII. Senior Center Work in Progress: 1. Continued construction -- design phase. 2. Received HUD environmental release of funds. 3. Continued receiving furnishings and equipment (to be stored until project completed). {York Planned: 1. Develop contracts with service providers which will occupy center (continuing). 2. Interview applicants for program specialist by 10-31-79. 3. Complete design phase and construction documents with goal of awarding contract in November 1979. 4. Obtain independent construction cost estimates by 10-19-79; continuing. VIII. Nelson Adult Center Project completed; funds expended. IX. Comprehensive Plan Work in Progress: 1. Continued review of draft revised zoning ordinance; complete by December 1979. 2. Completed proposed bikeway plan. 3. Hired Planner/Program Analyst I. 4. Initiated area studies; complete first study draft by 10-31-79. (York Planned: 1. Review draft revised zoning ordinance (continuing). 2. Present draft bikeway plan to Resource Conservation, Parks Fi Recreation, and Planning and Zoning Commissions during November 1979; present to Bikeway Committee and Riverfront Commission during October 1979. 3. Begin annexation study by 10-31-79. X. Human Needs Plan Project completed; funds expended. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES a'A -4- XI. Ener y Conservation Work in Progress and Planned: 1. Award grants under pilot solar demonstration project by 10-23-79. 2. Solicit bids for work to be accomplished under pilot solar demonstration project by 10-31-79. 3. Initiate review of zoning and subdivision ordinances for proposed energy conservation measures by 10-5-79. XII. River Corridor Improvements {York in Progress: 1. Reviewed preliminary boat ramp design and cost estimates. 2. Continued boat ramp project environmental review record. 3. Presented proposal for river corridor buffer and trail system to River - front Commission. Work Planned: 1. Develop final plans for boat ramp - complete by 11-21-79.* 2. Present boat ramp plans to Parks $ Recreation Commission, November 1979. 3. Complete boat ramp project environmental review record by 10-31-79.* 4. Review draft proposal for river corridor overlay zone with Riverfront Commission by 10-24-79. *Subject to Airport Commission approval of agreement. XIII. _Urban Redevelopment Activities Work in Progress: I. Completed work on City Plaza and fountain. 2. Continued construction on Block 83 parking ramp. 3. Continued streetscape phase II -A construction. 4. Held formal dedication of City Plaza. Work Planned: 1. Continue Block 83 parking ramp construction - anticipate partial opening 11-21-79; final completion spring 1980. 2. Decide on award of contract to construct Block 64 parking ramp by 10-30-79 3. Complete streetscape phase 11-A construction by 10-31-79. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i 1 1! I I -4- XI. Ener y Conservation Work in Progress and Planned: 1. Award grants under pilot solar demonstration project by 10-23-79. 2. Solicit bids for work to be accomplished under pilot solar demonstration project by 10-31-79. 3. Initiate review of zoning and subdivision ordinances for proposed energy conservation measures by 10-5-79. XII. River Corridor Improvements {York in Progress: 1. Reviewed preliminary boat ramp design and cost estimates. 2. Continued boat ramp project environmental review record. 3. Presented proposal for river corridor buffer and trail system to River - front Commission. Work Planned: 1. Develop final plans for boat ramp - complete by 11-21-79.* 2. Present boat ramp plans to Parks $ Recreation Commission, November 1979. 3. Complete boat ramp project environmental review record by 10-31-79.* 4. Review draft proposal for river corridor overlay zone with Riverfront Commission by 10-24-79. *Subject to Airport Commission approval of agreement. XIII. _Urban Redevelopment Activities Work in Progress: I. Completed work on City Plaza and fountain. 2. Continued construction on Block 83 parking ramp. 3. Continued streetscape phase II -A construction. 4. Held formal dedication of City Plaza. Work Planned: 1. Continue Block 83 parking ramp construction - anticipate partial opening 11-21-79; final completion spring 1980. 2. Decide on award of contract to construct Block 64 parking ramp by 10-30-79 3. Complete streetscape phase 11-A construction by 10-31-79. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i I I i , 4 - i' i, 1 i I I i , 4 - I 1�) 5 XIV. Architectural Barrier Removal Work in Progress and Planned: See Neighborhood Site Improvements progress report for curb ramp program. XV. Neighborhood Park Improvements Work in Progress: 1. Obtained HUD release of project funds for hickory Hill Park shelter. Work Planned: 1. Obtain Land and Water Conservation Fund matching grant - application under review until 12-15-79. 2. Construct park shelter at Hickory Hill Park - contingent upon LWCF grant approval. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9 NEIGHBORHOOD SITE IMPROVEMENTS PROGR41 MONTHLY PROGRESS REPORT SEPTEMBER FY -80 Prepared: September 1979 Bruce Knight, Planner/Program Analyst Pat Keller, Planner/Program Analyst Department of Planning $ Program Development MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES STATUS REPORT NEIGHBORHOOD SITE IMPROVEMENTS 1. Playground Equiument Through the Neighborhood Site Improvements Program five local parks: College Green, Creekside, Hickory Hill, Oak Grove and Mark Twain were to be enhanced and developed. Equipment was slated for purchase to upgrade the quality of these local neighborhood parks. Activities Schedule Completed Delayed Write specifications July 1-13 X Submit bid requests July 13 X Receive bids July 30 X Select contractor August 8 X Sign bid document August 13 X Order equipment August 13 X Receive equipment October 5 Install equipment October 5-31 Financial Status Budget Allocation: $17,500.00 Encumbered: $13,615.50 (5,469.50 + 8,146.00) Expended: -0- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2. Bus Stop Equipment Three areas in the Neighborhood Site Improvements Program selected bus stop equipment to be placed throughout their neighborhoods. Longfellow, Creekside, and Northside opted for a variety of equipment to be installed. Activities Schedule Completed Delayed Write specifications July 1-13 X Submit bid requests July 13 X Receive bids July 30 X Select contractor August 8 X Sign bid document August 13 X Order equipment August 17 X Receive equipment October 5 Install shelters and benches November 1-21 FinanciStatus Financial Allocation: $24,500 (equipment, $19,500/installation, $5,000) Encumbered: $11,186.00 Expended: -0- The low bid for bus stop equipment was accepted and the company has responded positively to the contract. Equipment should be arriving by early October. Bids will be let to hire a contractor to install the equipment. The schedule for that projects is as follows: Activities Schedule Completed Delayed Write specifications September 15-30 X Prepare contract October 1-5 Solicit bids October 10 Award Contract October 23 Installation November 1-21 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES i �i e S i a$ is A� [ 1 Rr [ T GV ri ¢s Ci 'r i F i r Iii 2. Bus Stop Equipment Three areas in the Neighborhood Site Improvements Program selected bus stop equipment to be placed throughout their neighborhoods. Longfellow, Creekside, and Northside opted for a variety of equipment to be installed. Activities Schedule Completed Delayed Write specifications July 1-13 X Submit bid requests July 13 X Receive bids July 30 X Select contractor August 8 X Sign bid document August 13 X Order equipment August 17 X Receive equipment October 5 Install shelters and benches November 1-21 FinanciStatus Financial Allocation: $24,500 (equipment, $19,500/installation, $5,000) Encumbered: $11,186.00 Expended: -0- The low bid for bus stop equipment was accepted and the company has responded positively to the contract. Equipment should be arriving by early October. Bids will be let to hire a contractor to install the equipment. The schedule for that projects is as follows: Activities Schedule Completed Delayed Write specifications September 15-30 X Prepare contract October 1-5 Solicit bids October 10 Award Contract October 23 Installation November 1-21 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES i 3. Tree Planting All of the areas in the Neighborhood Site Improvements Program are involved in the tree planting project. All areas will be receiving trees through this program. Activities Schedule Solicit requests for trees June 1 -July is Make final cuts for locations July 15 Send to utility company August 1 Receive from utility company August 30 Solicit bids October 12 Receive bids October 25 Award contracts October 30 Receive trees November 1-3 Install trees November 3 Financial Status Budget Allocation: $21,000.00 Encumbered: -0- Expended: -0- This project is now on schedule. Completed X X X X MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES F401PIES Delayed M r 2. Commercial and Residential: Along the border between Diana Street and Highland Court, residents have complained that the commercial properties along Highland Court create visual and audible problems to the residents. Consequently evergreens will be planted northward along the border of residential and commercial areas from Diana Court. Activities Schedule Completed Map area for planting July 15 Meet with residents August 1 X Meet with Zoning InspectorX August 29 Meet with commercial owners August 31 X X Submit locations to utility company August 30 X Receive from utility company September 14 X Write specifications September 19 Bid trees September 30 X Order trees October 15 X Install trees October 30 Financial Budget Allocation: $4,500.00 Encumbered: -0- Expended: -0- Delayed Specific tree locations on Beautification Project #2 are still being negotiated with residential and commercial property owners, however, general ha locations have been picked and the trees for this project ve been included i' in the overall tree planting project. ;r I' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 4. Beautification Through the beautification aspect of the Program two specific areas Neighborhood Site Improvements of concern (1) the intersection of Muscatine and were addressed. These two areas were Burlington and residential areas between Highland (residential). and (2) the division of commercial Court (commercial) and Keokuk j Court I 1. Court and Muscatine: This project includes the planting Court and Burlington Streets. of trees along Muscatine Avenue between j Planting and Muscatine was also scheduled. behind the barricade at Burlington 1 Activities Schedule t Completed Delayed Map areas for planting July 15 Submit to utility company August 30 X t Receive from utility company September 28 X Write specifications September 15-30 X Solicit bids October 5 X i Receive bids October 25 X 4. Award contract October 30 Install trees November 15 2. Commercial and Residential: Along the border between Diana Street and Highland Court, residents have complained that the commercial properties along Highland Court create visual and audible problems to the residents. Consequently evergreens will be planted northward along the border of residential and commercial areas from Diana Court. Activities Schedule Completed Map area for planting July 15 Meet with residents August 1 X Meet with Zoning InspectorX August 29 Meet with commercial owners August 31 X X Submit locations to utility company August 30 X Receive from utility company September 14 X Write specifications September 19 Bid trees September 30 X Order trees October 15 X Install trees October 30 Financial Budget Allocation: $4,500.00 Encumbered: -0- Expended: -0- Delayed Specific tree locations on Beautification Project #2 are still being negotiated with residential and commercial property owners, however, general ha locations have been picked and the trees for this project ve been included i' in the overall tree planting project. ;r I' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES I I NEIGHBORHOOD SITE IMPROVEMENTS PUBLIC WORKS PROJECTS I. Alley Graveling Through the Neighborhood Site Improvement Program, the alleys in four areas: Hickory Hill, Creekside, Highland and South Central were to be graded, graveled and rolled. Since funding was sufficient, it was decided that the gravel alleys in the Northside area should also be done. Activity Schedule Completed Delayed Solicit bids for gravel June 29 X Receive bids July 10 X Select Contractor July 17 X Gravel scheduled alleys August 1-31 X Gravel Longfellow alleys September 17-21 X Financial Status Budgeted: $39,250.00 Encumbered: 39,250.00 Expended: -0- Since most of the Longfellow alleys were still in good condition from last year, they were not all gravelled again this year. However, the remaining gravel was stockpiled and will be used to keep all alleys in the CDBG area in good condition. This project is currently being closed out. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 8 ji C I ^r � �1 A :v �tl EI_ 1 I n I I' @i h i I I i I i i i i ,j i i I NEIGHBORHOOD SITE IMPROVEMENTS PUBLIC WORKS PROJECTS I. Alley Graveling Through the Neighborhood Site Improvement Program, the alleys in four areas: Hickory Hill, Creekside, Highland and South Central were to be graded, graveled and rolled. Since funding was sufficient, it was decided that the gravel alleys in the Northside area should also be done. Activity Schedule Completed Delayed Solicit bids for gravel June 29 X Receive bids July 10 X Select Contractor July 17 X Gravel scheduled alleys August 1-31 X Gravel Longfellow alleys September 17-21 X Financial Status Budgeted: $39,250.00 Encumbered: 39,250.00 Expended: -0- Since most of the Longfellow alleys were still in good condition from last year, they were not all gravelled again this year. However, the remaining gravel was stockpiled and will be used to keep all alleys in the CDBG area in good condition. This project is currently being closed out. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2• Alley Paving =mss Two alleys are to be paved through the Neighborhood Site Improvements Program. The two alleys are both in the Northside area and each services a is a congregate meal site. is which Activity Schedule Prepare plans 8 specifications Completed Dela August 1-20 Set public hearing August 28 X Hold public hearing September 11 Approve X plans 8 specifications September 11 Publish notice to bidders X X September 15 Bids received September 26 X Contract awarded October 2 X Alleys paved October 2 -November 15 X Financill Status Budgeted: $30,000.00 Encumbered: $23,808.41 Expended: -0- The deadline for this contract has been set Specifications for this at November 15 project. Therefore, before winter creates problems in the in the this project will be completed alleys. Project was Metro Pavers, Inc. The low bidder for this MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HIRES M� n 3. Special Alley Project This project concerns the north -south alley which runs from the Burlington Street - Muscatine Avenue intersection to the Court Street -Oakland Avenue intersection. $8,020 was originally set aside for a partial closing (southern half) and the replacement of the broken concrete surface (northern half) of the alley. Two surveys of neighborhood residents have been conducted, and a neighborhood meeting was held. The residents of the immediate area generally favor erecting signs at the alley for one-way traffic from north to south, and placing an asphalt topping over the broken concrete. This project will reduce traffic hazards at the Burlington -Muscatine intersection The asphalt overlay should be placed to direct runoff away from the driveways to the houses at 1241 E. Burlington and 1301 Muscatine. Activity Schedule* Prepare and approve plans and specifications for asphalt overlay and placement of signs Erect signs Publish notice to bidders on asphalt Receive bids on asphalt Award contract on asphalt (*no dates have been set) Financial Status Budgeted: $8,020 Encumbered: -0- Expended: -0- Problems Completed Delayed To summarize, residents have requested making the alley one-way heading south. (See details in description above) Staff concurs with this request. A firm schedule has not been established due to the time spent in conducting the surveys and in organizing the neighborhood meeting. This project will be presented to CCN at its October meeting, and a recommendation will be passed on to the City Council. Once a final decision has been made, a firm schedule will be laid out. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES 4. Asphalt Overlay Two areas will have an asphalt overlay project carried out through the Neighborhood Site Improvements Program. In Hickory Hill, the one block of East Washington east of Muscatine will receive an asphalt overlay. In Highland, as much of Highland Avenue as possible, with the funding available, will receive an overlay (this project has been left to the discretion of the Engineering Department). Activity Schedule Completed Prepare plans $ specifications August 31 Set public hearing September 11 X Hold public hearing September 18 X Approve plans $ specifications September 18 X Publish notice to bidders September 20-25 X Receive bids September30-October 2 X Award contract October 2 X Carry out project October 5-26 X Financial Budgeted: $281500.00 Encumbered: -0- Expended: -0- No problems are foreseen with the completion of this project. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Delayed d hh� 4 a I }i z 4 p 14 i- 1 i i 1 i j I I �i i i I L 4. Asphalt Overlay Two areas will have an asphalt overlay project carried out through the Neighborhood Site Improvements Program. In Hickory Hill, the one block of East Washington east of Muscatine will receive an asphalt overlay. In Highland, as much of Highland Avenue as possible, with the funding available, will receive an overlay (this project has been left to the discretion of the Engineering Department). Activity Schedule Completed Prepare plans $ specifications August 31 Set public hearing September 11 X Hold public hearing September 18 X Approve plans $ specifications September 18 X Publish notice to bidders September 20-25 X Receive bids September30-October 2 X Award contract October 2 X Carry out project October 5-26 X Financial Budgeted: $281500.00 Encumbered: -0- Expended: -0- No problems are foreseen with the completion of this project. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Delayed i w n S. Pedestrian Crosswalks: It was decided in the Highland Area that the feasibility of installing pedestrian cycles in the traffic lights at Highway 6 and Keokuk and Highway 6 i and Sycamore should be investigated. If the pedestrian cycles are feasible, they would then be ordered and installed through the Neighborhood Site Improvement Program. ti Activity Schedule Completed Delayed Do pedestrian counts July 15-20 X Prepare report on feasibility August 1-1S g { If feasible send request to DOT August 1S-31 X X (see below) Receive approval (or disapproval) from IDOT September 30 If approved order equipment October 1 Receive and install equipment November 1-1S Financial Status Budgeted: $2,800.00 Encumbered: -0- Expended: -0- At this point in time, the request for a pedestrian cycle at Sycamore has I' been sent to IDOT. It has been recommended by Jim Brachtel, Traffic ' Engineer, that no request be made for a pedestrian cycle at the intersection of Keokuk and Highway 6. This recommendation is based on concern over how to get the pedestrians past the frontage road, and how new stores locating in the area will effect turning patterns. However, there is still a problem with pedestrians trying to cross at this point. This problem will be discussed further with CCN at its October meeting. T V Yr et L M1 ni y t, a I I� 1 j- t 0 i Y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES �t 6. Curb Cuts The curb cut program has been developed using a combination of Architectural Barrier Removal and Neighborhood Site Improvement funds. The curb cuts were located through suggestions from the handicapped and the residents present at the Neighborhood Site Improvement neighborhood meetings. Activity Schedule Completed Delayed Prepare plans $ specifications August 15-30 X Set public hearing September 11 X Hold public hearing September 18 X Approve plans F, specifications September 18 X Publish notice to bidders September 20 X Receive bids October 2 X Award contract October 2 X Carry out project October 5 Financi_ 'alS_ tatus Budgeted: $57,250 (Architectural Barrier, 50,000/NSI, 7,250) Encumbered: -0- Expended: -0- No problems are foreseen with the completion of this program. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES i I I I Y Y ii N r I it I d . q e p I j 4 b I {Y 1 6. Curb Cuts The curb cut program has been developed using a combination of Architectural Barrier Removal and Neighborhood Site Improvement funds. The curb cuts were located through suggestions from the handicapped and the residents present at the Neighborhood Site Improvement neighborhood meetings. Activity Schedule Completed Delayed Prepare plans $ specifications August 15-30 X Set public hearing September 11 X Hold public hearing September 18 X Approve plans F, specifications September 18 X Publish notice to bidders September 20 X Receive bids October 2 X Award contract October 2 X Carry out project October 5 Financi_ 'alS_ tatus Budgeted: $57,250 (Architectural Barrier, 50,000/NSI, 7,250) Encumbered: -0- Expended: -0- No problems are foreseen with the completion of this program. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES 7. Sidewalk Repair Five neighborhoods will be involved in the sidewalk repair program which is being carried out through the Neighborhood Site Improvement program: Northside, Longfellow, Creekside, South Central and Hickory Hill. Two of these areas, Northside and Hickory Hill, were set up to include the use of NSI funds as well as property assessments. The other three neighborhoods will be done strictly through NSI funding. Activity Schedule Completed Delayed Inspect sidewalk August 1-31 X Prepare plans 6 specifications August 15-31 X Set public hearing September 25 Oct. 2 Hold public hearing Oct. 2 Oct. 9 Approve plans F, specifications October 2 Oct. 9 Publish notice to bidders October 5 Oct. 10 Bids opened October 15 Oct. 23 Award contract October 16 Oct. 23 Carry out project October 30... Financial Status i Budgeted: $157,500 i Encumbered: -0- Expended: -0- This activity schedule is strictly for the Longfellow, Creekside and South Central areas. The contractor will start in the Longfellow area and complete as much work as possible before winter. The rest of the work will be completed next spring. • i The sidewalk repair program in the Northside and Hickory Hill area will be inspected and bid next spring. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Curb Repair The Highland Area decided to do curb and gutter repair along Kirkwood Avenue through the NSI program. This program will include repairing the curb and installing curb cuts on Kirkwood Avenue from Webster Street to Lower Muscatine. Due to the work load in Engineering, it will be necessary to hold this project over till next spring. Financial Status Budgeted: $32,000 Encumbered: -0- Expended: -0- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401IIES . r 9. Financial Summary Project Total Budgeted I. Playground $ 17,500.00 Equipment 2. Bus Stop Equip. 24,500.00 Installation 5,000.00 3. Tree Planting 21,000.00 4. Beautification s Court & Muscatine 2,500.00 Commercial & Residential 2,000.00 Encumbered $13,615.50 11,186.00 -0- -0- -0- Ex ended -0- IN 1. Alley Graveling $ 39,250.00 $39,250.00 -0- 2. Alley Paving 30,000.00 23,808.41 -0- 3. Special Alley 8,020.00 -0- Project 4. Asphalt Overlay 28,500.00 28,738,95 -0- 5. Pedestrian Cross- 2,800.00 -0-• -0- walk 6. Curb Cuts 57,250.00 48,423.60 -0- 7. Sidewalk Repair 157,500.00 -0- -0- 8. Curb Repair 32,000.00 -0- -0- TOTAL $427,820.00 $165,022.46 =0 - The percentage of money encumbered to money budgeted is currently about 38.57%, this figura is expected to increase by the end of October. At that point in time, there will be a total of $250,801.50 encumbered, or about 59%. This increase in money encumbered is due to contracts being awarded on the following projects: Tree Planting, Beautification, and three areas (Northside, Creekside and South Central) of the Sidewalk Repair. In addition, $39,250.00 will have been expended through the Alley Graveling program. The remaining budgeted money which will not yet be encumbered is allocated to the following projects: Curb Repair (Highland Area), Pedestrian Cross- walk, Sidewalk Repair (Northside and Hickory Hill) and the Special Alley Project. All these projects are expected to be completed by June of 1980. In order to update the residents of the Neighborhood Site Improvements MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES areas on the progress of all the projects, and the causes for the delay of some of the projects, we are currently making plans to send out a newsletter to the residents of all areas. In this way we hope to ease the concern which has been expressed over the completion of several of these projects. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 14011JES 4 f I i i 1 I 1. 1 i P � I ,.I areas on the progress of all the projects, and the causes for the delay of some of the projects, we are currently making plans to send out a newsletter to the residents of all areas. In this way we hope to ease the concern which has been expressed over the completion of several of these projects. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 14011JES .aty of Iowa City MEMORANDUM Date: October 14, 1979 To: Housing Board of Appeals From: CV*per g On September 17, 1979, you forwarded a letter to the City Council asking ° the City Council to interpret a provision of the Housing Code relating to storm doors and windows. The ordinance governing the responsibilities I of the Housing Board of Appeals states: "In order to provide for final interpretation of the provisions of the Housing Code......, there is hereby established a housing appeals board...." It is clear that the role of the Housing Board of Appeals is to make such interpretations. However, the City Council would certainly consider ordinance amendments if you deemed such to be appropriate. In addition, the City Council has directed the City Manager to request the Resources Conservation Commission to review the materials relating to the Town & Campus Apartments and to make appropriate recommendations and interpretations of that material for your use. If the staff can assist you further in this matter, please let me know. I bcl/13 cc: City Council City Clerk IMike Kucharzak i j l r i I I ao 13 i MICROFILMED BY ' JORM MICROLAB ' CEDAR RAPIDS -DES MONIES Ii I CITY OF IOWA CITY October 18, 1979 Kenneth & Raija Starck 531 Whiting Avenue Iowa City, Iowa 52240 Dear Mr. & Ms. Starck: On October 10, 1979 I received a letter from you dated October 13, 1979, i with carbon copies to four Council members in which you discussed your re- roofing project of last fall. I have reviewed the letter and the file and have attached a copy of a letter to you dated June 8, 1979, from Mr. Glenn Siders in which he states the City's interpretation of the codes affecting Your roof project. I especially wish to call your attention again to the f last paragraph which states It is my ambition to have this roof become in compl1 ou wouldlance contacttusthe uniform it andrelate what avenue or procedure you rwould eIike�usyto go by. If you should have any questions concerning this letter please do not hesitate to contact me at your convenience." I The file does not indicate any correspondence from you indicating that you wanted the City to assist you in your case against Clarence Hightshoe nor I do we see any evidence that any other permits were taken out to correct the work. I wish to again extend our offer of assistance, if you should (! desire it, to help you pursue your claim against Mr. Hightshoe. I remember discussing this matter with Ms. Starck on the telephone some time prior to Mr. Siders' letter. As best as I can recall I remember that You were quite upset lthe ion loYour Crtdffeedaxplaationthattaimpossiblefrthe iysaffto provide any assistance regarding the inadequacy of the work performed by your contractor until the work could be exposed. I recall your expressing ij to me your apprehension in having any work torn out since everything was finished inside your home. I also recall suggesting that in addition to involving the City that you consider obtaining some legal counsel. Lastly I recall you indicating that Mr. Hightshoe is no longer employed b ou and that you are retaining another contractor to complete the work on your Ii property. The City is well aware that the tearing out of a ceiling to expose construction that may be in violation of the code is most disruptive and can well understand your reluctance to allow this to be done, however, the Building Inspector has, in the past, ordered contractors to remove finish coverings to expose construction not inspected by the City. Since the Building Permit issued to Hightshoe has not been closed, we are willing to ao I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES W] Kenneth & Raija Starck October 18, 1979 Page 2 contact Hightshoe and order him to expose the structural members. Please advise us if you are willing to allow this to be done. Mr. Hightshoe did, in fact, 22p1Y for a Building Permit and although he filed a plot plan, a sketch of your lot showing the location of your house and yards, Mr. Hightshoe did not file a plan of the roof design or specifications. The permit was not issued by the City until after a field inspector saw work being performed on your residence, issued a stop work order and Mr. Hightshoe picked up the permit after completing the job. It should also be noted that the Building Code specifically requires that a permit be obtained prior to performing structural alterations, that two sets of plans be provided to the City and that the contractor call for framing and final inspections. Understanding the anquish that can be caused by questionable workmanship and illegal procedures, especially compounded by the fact that as of this time you still do not have the roof problems corrected, I can only apologize for any failure on our part to better communicate our willingness to assist you to rectify the problems or in extending our offer of assistance. If we can be of any assistance to help winter weather sets in, we are most willig to resthis matter before Sincerely yours, ,�re' Rc Kucharirf Housin &Inspection Services r cc: Neal Berlin Glenn Siders k Councilwoman DeProsse j Councilman Perret Councilwoman Neuhauser Councilman Erdahl tp/3/19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Mr. Neal C. Berlin City Manager Iowa City Civic Center Iowa City, Iowa 52240 Dear Mr. Berlins Ort. 13, 1979 RZCEI Lately we have been reading in the Iowa City press about the "complete lack of confidence in the upper management of the Housing, and Inspection Ser- vices Department." Any homeowner in this city who has had an experience similar to ours with the Housing and Inspection Services Department cer- tainly would not be surprised at this allegation. In fact, if Mr. Kucharzak needs something "specific" to respond to, he certainly should feel free to take up our case. We will try to make this brief and to the points Last fall we contracted with a builder (Mr. Clarence Hightshoe of 1526 Broadway St.) to remodel the roof on our house. In the process, we became highly dubious about his workmanship and even whether he was complying with city building regu- lations. It turned out he never had taken out a building permit even though the job was nearing completion. Subsequent contacts between us and officials of the Housing and Inspection Sercices (Mr. Franz, Mrs siders and Mr. Kucharzak) indicated that the contractor had not complied with the uniform building code. He did not file a complete set of build- ing plans even when he finally obtained a permit. His work was not subjected to close scrutiny by city inspectors. (Later, it turned out, the work was faulty and had to be completely redone.) In short, our experience indicated the inspection system was a sham and, if anything, tended to solidify the seemingly cozy relationship between city officials and the contractor. In conclusion, we would like to quote from the Preface of the 1976 Edition of "Dwell.ing, Construction under the Uniform Building Codevs The standards of safe construction that are set out in the Uniform Building Code are primarily founded upon health and safety but will at the same time protect the owner's investment. By follow- ing the requirements in this publication, the home builder will gain the double satisfaction of complying, with the law and also securing a dwelling of sound and durable construction. These wor..* , based on our experience have a hollow rine,. Thus, it is not surprising that there is a lack of confidence in the office of the City Housing and Inspection Services. (By the way, we've spared you most of the details of this entire episode; they are there for the asking.) i 'rely ,yours, sG(GY.tGl� cc1 'tnneth Starck and Raija Starck 531 Whiting, Ave. Iowa City, Iowa 52240 Mr. Kucharzak Ms. deProsse Ms. ferret Mr. Erdahl Ms. Neuhnuser FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES f ' ■4 I i OV \J i June 8, 1979 Mr. and Mrs. Kenneth Starck 531 Whiting Avenue Iowa City, Iowa 52240 Dear Mr. and Mrs. Starck: As per a previous conversation by phone I am writing this letter to indicate the position the Division of Building will take on the remodeling project which occurred late in 1978 on your property. On November 27, 1978, building permit #17546 was issued to Hightshoe and Alber Construction Company to replace an existing flat roof with a gable roof. It was proposed by the contractor that he would use either 242's to span an 18' distance on 24" centers or he would use 2x6's to span the 18' distance with a kneewall supporting the rafters at 9'. It is my opinion that if this type rafter system was used on your project it would be in compliance with the Uniform Building Code. As you are well aware this Department did not have the opportunity to inspect this work before it was closed so assurance of code compliance cannot be guaranteed. If you so desire we could order you to open up the roof to inspect the construction work and if it is incorrect or does not comply with Code we can order the work repaired.or removed. It is also my understanding that you are currently dealing with someone else in hopes that you can come to agreement between Mr. Hightshoe and another party to have the roof system redone. I understand you are in belief that a new roof will have to be installed. If this is the case we can look at the work that is now there at the time you start removal of the roof to see if it complies with Code. This would allow you the opportunity to not leave your entire house open for damage should a rain storm occur. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Mr. & Mrs. Kenneth Starck June 8, 1979 Page 2 It is is my ambition to have this roof become in compliance with the Uniform Building Code and I would appreciate relate what avenue of procedure you ulertolg you could contact us and any questions concerning this letter please do not hesitate toscontact ame at your convenience. Sincerely, Glenn Siders Senior Building Inspector jm4/3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MO VIES ■ I i i. f 5 d t i r ,i J f !' ,1 i I i L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MO VIES ■ I• Date: October 17, 1979 To: Planning and Zoning Commission From: Richard J. Plastino, Director of Public Works Re: Building Sites on Grant Court Right of Way an d+ 5th Avenue Right of Way Based on the Ralston Creek Watershed Management Plan, the above named right of ways may be considered for building sites. The 5th Avenue right of way is suitable for a building site without qualification. On Sheet k6 of the plan, the Grant Court right of way has the following recommendation: "The City -owned right of way for Grant Court at Rundell Street should be sold for residential housing. Fill the right of way for Grant Court at Grant Street." The reason fill was recommended for the right of way on the west side of the creek was the apparent location of a storm sewer bisecting the lot. If enough room is available for a building site without moving this storm sewer, the lot is then suitable for residential housing. As an alternate, if additional space is needed, the storm sewer can be moved to one side of -the lot. In other words, the only reason fill was suggested is because it was thought the storm sewer running through the site made the lot unusable. It will be necessary to maintain some type of storm sewer through the right of way and preferably at least one depressed ditch section running on one side of the lot to the creek should be maintained. bc3/3 cc: Gene Dietz Lyle Seydel City Council City Manager MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES r. johnson cow ty regional planning commission -'9/2 south dubuque street, Iowa city, iowa 52240 (319)351-8556 October 19, 1979 MEMORANDUM TO: Iowa City Council FROM: Pam Ramser RE: Enclosed Agency Summaries for Next Week's Hearings Mary C. Neuhcuser cro,,�w The following agency summaries are included in this week's packet: -Johnson County Chapter, American Red Cross -Salvation Army -Willow creek Neighborhood Center REMINDER: There is no hearing scheduled for Thursday, November 1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES I a' johnson cow ty regional planning commission -'9/2 south dubuque street, Iowa city, iowa 52240 (319)351-8556 October 19, 1979 MEMORANDUM TO: Iowa City Council FROM: Pam Ramser RE: Enclosed Agency Summaries for Next Week's Hearings Mary C. Neuhcuser cro,,�w The following agency summaries are included in this week's packet: -Johnson County Chapter, American Red Cross -Salvation Army -Willow creek Neighborhood Center REMINDER: There is no hearing scheduled for Thursday, November 1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES I Ma October 25, 1979 Hearings FUNDING REQUEST SUMMARY SHEET Johnson County Chapter - American National Red Cross * All figures in this column are taken from the calendar year budget forms submitted by the Red Cross (as amended; see section on AMENDMENTS TO BUDGET INFORMATION, pp.3-4), with the exception of the Johnson County and Iowa City requests, which are from the fiscal year forms. ** 1979 request from United Way was $47,962; therefore, the 1980 request represents a decrease of $27,962, or 58.38, from the 1979 request. *** Includes $ 14, 531 designated as payment of national dues; when this is not shown as an expense, 1980 expenses are $23,469, a decrease of $478, or 2.08, from 1979 expenses. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOItIES (OVER) Request* Col. 2 minus 1 Col. 3 minus 2 SOURCE 1978 1979 1980/FY81 + or (-)_ /9 Chance + or Change United Way $ 8,000 $ 8,000 $20,000 -0- $12,000 +150.0** Johnson County $ _ $ _ $ 2,000 - $ 2,000 - j Iowa City f $ - $ - $ 2,000 _ $ 2,000 - TOTAL LOCAL $$ $ 8,000 $ 8,000 $24,000 -0- $16,000 +200.0 TOTAL INCOME $19,360 $21,009 $36,000 $1,649 + 8.5 $14,991 + 71.4 -Carryover $ 8,626 $ 3,021 $ 83 ($5,605) - 65.0 ($ 2,938) - 97.3 TOTAL $$ AVAILABLE $27,986 $24,030 $36,083 ($3,956) - 14.1 $12,053 + 50.2 TOTAL EXPENSES $24,965 $23,947 $38,000* ($1,018) - 4.1 ($ 478) _ 2.0 (Major Categories) -Management $ 2,300 $ 2,000 $ 2,158 ($ 300) - 13.0 $ 158 +. 7.9 -Safety $ 6,846 $ 6,867 $ 7,780 $ 21 + 3.1 $ 913 + 13.3 -Nursing & Health $ 3,911 $ 4,260 $ 3,991 $ 349 + 8.9 ($ 269) - 6.3 -Service to Milit. Families $ 3,011 $ 4,315 $ 4,807 $1,304 + 43.3 $ 492 + 11.4 -Disaster $ 3,012 $ 3,200 $ 2,720 $ 88 + 2.9 ($ 480) - 15.0 -Blood $ 2,030 $ 2,036 $ 2,013 $ 6 + 0.3 ($ 23) - 1.1 * All figures in this column are taken from the calendar year budget forms submitted by the Red Cross (as amended; see section on AMENDMENTS TO BUDGET INFORMATION, pp.3-4), with the exception of the Johnson County and Iowa City requests, which are from the fiscal year forms. ** 1979 request from United Way was $47,962; therefore, the 1980 request represents a decrease of $27,962, or 58.38, from the 1979 request. *** Includes $ 14, 531 designated as payment of national dues; when this is not shown as an expense, 1980 expenses are $23,469, a decrease of $478, or 2.08, from 1979 expenses. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOItIES (OVER) Pa Johnson County Chapter - A=.erican National- Red Cross gr - MAJOR BUDGETARY CHANGES FROM 1979 TO 1980 EXPENSES Salaries S 460 increase (+ 2.98) *American National Red Cross $14,531 increase (new expense listing) Equipment Acquisition ($ 1,269) decrease (no expense listed for 1980) These represent $13,722 toward a $14,053 TOTAL INCREASE in EXPENSES. * This item represents national dues owed to the American Red Cross for several years. INCOME Contrib. Toward Operating Expenses $ 700 increase (+21.28) Contrib. Restricted (not to bldg, fund) ($1,269) decrease (total) Fundraising $2,000 increase (+40.08) Fees 6 Grants (excluding IC & JC) ($ 840) decrease (-45.78) Program Service Fees $ 500 increase (+25.08) Investment Income $ 100 decrease (total) These represent all of a $991 TOTAL INCREASE in INCOME United Way, Iowa City, and Johnson County). (excluding Johnson County The Beginning Balance will have been depleted by $2,938, or 97.38 from January, 1979 to January, 1980. OTHER PROGRAM AND BUDGET INFORMATION. -Doner-restricted donations were received during 1979 from Gannett Foundation ($800) and the Iowa City Jaycees ($469). Their use was designated for purchase Of CPR equipment. -About 500 hours of secretarial services were donated during 1979, with the same Projected for 1980. (Estimated dollar value is $1,500 for 1979 and $1,600 for 1980.) -Material donations to the Red Cross during 1979 were used clothing, groceries and meals, and motel lodging. These are valued at $1,000; donations of these materials are estimated at $1,100 for 1980. -Staff/client ratio is given as 1 1/2 staff + volunteers: Last year's ratio was 21/2 staff: 3,000 served. 5,000 people served. -Approximately 4,000 people in Johnson County were served by the agency during 1978 (unduplicated count). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -Johnson County Chapter - America—National Red Cross Page 3 s -No fees are charged for services. -Volunteers are used in all of the agency's programs, as follows: - Safety - Nursing & Health Volunteers trained in CPR, first aid, water safety Volunteer nurses & nursing students - Service to Military Families 3 on-call volunteers after business hours - Disaster 10 on-call volunteers after business hours - Blood 100 + volunteers work at bloodmobiles -The Human Services Study on _E_mergency Assistance to Residents (November, 1977) cited as its first priority a need for assistance in cases of disaster which involve less than five families. It was noted in the study that the American Red Cross requires its local chapters to provide assistance in cases of disaster which affect five or more families. The local Red Cross at that time did not undertake to provide for smaller disasters. However, a program was instituted to do this in 1978 and con- tinues to provide for the meeting of this community need. AMENDMENTS TO BUDGET INFORMATION Calendar Year Budget From 1 -1979 Ending Balance ($83) should be carried through to Beginning of 1980. This would add $83 to TOTAL FUNDS AVAILABLE for 1980 (Line 6). -Amounts shown for 1980 from Iowa City (Line 2b) and Johnson County (Line 2c) should be half of the agency's FY 81 request, or $1,000 from each. This would decrease TOTAL INCOME by $2,000. -The $14,531 designated as payment to the American National Red Cross should be included in GRAND TOTAL EXPENDITURES (Line 7, 1980 column); this figure would then be $38,000. The $14,531 should not be reflected in the ending balance. Fiscal (July -July) Year Budget From 1 -The FY 79 ending balance should be - 1,079 instead of + 1,079. This changes the following in the FY 80 column: Lines 1 & Is - 1,079 Lines 3 & 6 -23,821 Line 8 (& Line 1, FY 81) - 2,158 -Program Services total (Line 12) for FY 79 is incorrect; it should be $26,265. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (OVER) Johnson County Chapter-('�irican National Red Cross Page 4 The Red Cross will be submitting amended copies of both Budget Forms 1 with the above revisions. Pamela Ramser JCRPC 10-18-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i i i { I� d I i i I{ l i� {- i J; Johnson County Chapter-('�irican National Red Cross Page 4 The Red Cross will be submitting amended copies of both Budget Forms 1 with the above revisions. Pamela Ramser JCRPC 10-18-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES r FUNDING REQUEST SUMMARY SHEET The Salvation_ Army* October 25, 1979 Hearings SOURCE 1978 1979 i 1979 + or minus 1978 Change 1980 minus 1979 + or (-)/8 Change United Way $3,015 $2,400 $4,000* ($615) - 20.4 $1,600 + 66.7 f1 $3,865 $3,900 $4,750 1 I + 0.9 FUNDING REQUEST SUMMARY SHEET The Salvation_ Army* October 25, 1979 Hearings SOURCE 1978 1979 Request 1980 1979 + or minus 1978 Change 1980 minus 1979 + or (-)/8 Change United Way $3,015 $2,400 $4,000* ($615) - 20.4 $1,600 + 66.7 TOTAL INCOME $3,865 $3,900 $4,750 $ 35 + 0.9 $ 850 + 21.8 -Carryover -0- -0- -0- TOTAL $$ AVAILABLE $3,865 $3,900 $4,750 $ 35 + 0.9 $ 850 + 21.8 TOTAL EXPENSES $3,865 $3,900 $4,750 $ 35 + 0.9 $ 850 + 21.8 (Major Categories) -Management $1,045 $1,145 $1,445 $100 + .9.6 $ 300 + 26.2 -Program Services** $2,820 $2,755 $3,305 ($ 65) 2.3 S r, -Zn i en n * This budget is for Johnson County only; 1979 request was $4,000, the same as the request for 1980. ** Program services include: meals and food for destitute families, assistance to fire victims, assistance to stranded parent with one child, assistance and visits in VA Hospital. No breakdown is given. MAJOR BUDGETARY. CHANGES FROM 1979 to 1980 EXPENSES Salaries $100 increase (+20.08) Mileage $100 increase (+50.08) Organization Dues $ 85 increase (+21.88) Financial Assistance' to Individuals $550 increase (+20.08) These represent $835 of a $850 TOTAL INCREASE in OPERATING EXPENSES. INCOME Contributions Toward Operating Expenses (Christmas Appeal) ($750) decrease (-50.08) This represents all of the TOTAL DECREASE in INCOME (excluding United Way of Johnson County. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINEs The Salvation Army Page 2 N OTHER PROGRAM AND BUDGET INFORMATION -Donated services in the amount of 150 hours (estimated dollar equivalent = $900) were provided during 1979; 165 hours of service at a total dollar value of $1,200 are projected to be donated during 1980. Services are donated by 18 local volunteers. -One salaried Salvation Army officer (Ray Tregellas, Jr.) oversees services in Johnson County (Cost = $600 for 1980). -The agency served 209 persons in Johnson County during 1978 (unduplicated count) and received 249 service contacts in the county during that time. The number of persons served during 1977 was given as 960 on last year's form. -No fees are charged for services. AMENDMENTS TO BUDGET INFORMATION Budget Form 3 Revenue & Support page - Line 4 shows amount received/requested from Johnson County United Way. This should not be shown here. - Ling 15. (CURRENT- TOTAL REVENUE AND SUPPORT) should then be $1,500 (1979) and $750 (1980). - Line 16 should be the same as Line 15. Expenses page - Line 45 (DEFICIT) should then be $2,400 (1979) and $4,000 (1980). Pamela Ramser JCRPC 10-17-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORTES i r I I i !' f The Salvation Army Page 2 N OTHER PROGRAM AND BUDGET INFORMATION -Donated services in the amount of 150 hours (estimated dollar equivalent = $900) were provided during 1979; 165 hours of service at a total dollar value of $1,200 are projected to be donated during 1980. Services are donated by 18 local volunteers. -One salaried Salvation Army officer (Ray Tregellas, Jr.) oversees services in Johnson County (Cost = $600 for 1980). -The agency served 209 persons in Johnson County during 1978 (unduplicated count) and received 249 service contacts in the county during that time. The number of persons served during 1977 was given as 960 on last year's form. -No fees are charged for services. AMENDMENTS TO BUDGET INFORMATION Budget Form 3 Revenue & Support page - Line 4 shows amount received/requested from Johnson County United Way. This should not be shown here. - Ling 15. (CURRENT- TOTAL REVENUE AND SUPPORT) should then be $1,500 (1979) and $750 (1980). - Line 16 should be the same as Line 15. Expenses page - Line 45 (DEFICIT) should then be $2,400 (1979) and $4,000 (1980). Pamela Ramser JCRPC 10-17-79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORTES FUNDING REQUEST SUMMARY SHEET Willow Creek Neighborhood Center October 25, 1979 Hearings SOURCE 1978/FY Col. 2 minus 1 79* 1979/FY 80* 1980/Fy 81* + or (-)/9 Change Col. 3 minus 2 + or (-)/9 Change United Way $ 81000 $11,000 $14,013 $3,000 + 37.5 $ 3,013 + 27.4** Iowa City $ 2,500 - $ 5,865 ($21500) -100.0 $ 5,865 -- Johnson County - - $ 3,350 - $ 3,350 TOTAL LOCAL $$ :510,500 $11,000 $23,228 $ 500 + 4.8 $12,228 +111.2 TOTAL INCOME $26,602 $19,672 $33,322 ($6,930) - 26.1 $13,650 + 69.4 -Carryover $ 369 $ 846 $ 503 $ 477 +129.3 ($ 343) - 49.5 TOTAL $$ AVAILABLE $26,971 $20,518 $33,825 ($6,453) - 23.9 $13,307 + 64.9: TOTAL EXPENSES $26,126 $20,015 $33,828 ($6,2,11) - 23.4 $13,813 + 69.0 (Major Categories) 1 -Management - $ 1,563 $ 8,391 $1,563 -- $ 6,828 +436.9 Recreation $ 7,712 $ 61005 $ 4,187 ($1,7,07) - 22.1 ($ 1,818) - 30.3 a -Counseling $ 3,793 $ 3,002 $ 5,540 ($ 791) - 20.9 $ 2,538 + 84.5- -Outreach $ 51099 $ 3,002 $ 3,787 ($2,0197) - 41.1 $ 785 + 26.1 -Group Work $ 3,793 $ 2,002 $ 5,175 ($1,791) - 47.2 $ 3,173 +158.5 -Community Work $ 1,180 $ 11001 $ 781 ($ 179) - 15.2 ($ 320) - 29.1 1 i -Emergency Assist. $ 1,180 $ 1,001 $ 2,045 ($ 179) - 15.2 $ 1,044 +109.3 , j -Education $ 2,487 $ 2,002 3,620 ($ 9185) - 19.5 $ 1,618 + 80.8 - 3iJ * All figures are based on calendar year forms, except those listed for Iowa City and Johnson County, which are based on July fiscal year forms. i •* 1979 request was $15,540; the 1980 request, then, represents a $1,527, or 10.99, decrease from the 1979 request. See AMENDMENTS TO BUDGET INFORMATION, 11 p. 4 j 1 i MICROFILMED BY I JORM MICROLAB ICEDAR i RAPIDS -DES MOINES I M ,. Willow Creek Neighborhooc' enter Page 2 MAJOR BUDGETARY CHANGES FROM 1979 to 1980 EXPENSES Salaries $11 344 increase (+97.48) Employee Benefits Payroll Taxes Professional Fees Postage & Shipping Printing & Publications Conferences & Meetings Organization Dues Awards & Grants $ 864 increase (from 0 in 1979) $ 929 increase (+29.9$) $ 100 increase (+16.76) $ 80 increase (+66.78) $ 160 increase (+66.78) $ 150 increase (from 0 in 1979) $ 150 increase (from 0 in 1979) ($ 244) decrease (-49.4`e) These represent $13,533 of a $13,812 TOTAL INCREASE in EXPENSES. INCOME Contributions Restricted to other i� than Building Fund $ '200 increase (+80.0%) Gov't. Fees & Grants (excluding Iowa City & Johnson County) $7,145 increase (from 0 in 1979) Alloc. by Federated Fundraising Orgs. (excluding J.C. United Way) ($ 244) decrease (to 0 in 1980) Sale of Materials & Services to Public ($ 75) decrease (to 0 in 1980) These represent $7,026 of a $7,038 TOTAL INCREASE in INCOME. OTHER PROGRAM AND BUDGET INFORMATION -The Center's staff will have decreased from 5.25 fulltime equivalents (9+ persons) in 1978 to 2.75 fulltime equivalents (6+ persons) in 1980. j-Donated services, with an estimated dollar equivalent of $20,5001will be received f by the Center during FY 80. The estimate is about the same for FY 81. These services include: social work practicum student (3,600 hours/year), volunteers (1,500 hours/year), Kirkwood Learning Center (240 hours/year), Summer Recreation Director (240 hours/year), VNA (100 hours in FY 80/150 hours in FY 81), and Extension Office (100 hours/year). i L i I L� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES Willow Creek Neighborhood CentF--. Page 3 -Donated materials include: office space ($2,340/year estimated value); telephone ($240/year estimated value); and canned goods, books, clothes, etc. ($250 in FY 80, $300 in FY 81 estimated dollar value). -Overall staff/client ratio is 6 staff: 750 residents, or 1:125. This varies with individual programming and number of student staff at a given time. -The Center had 3,276 service contacts in 1978. Number of persons served in 1978 is given as 951 to 1,200 (depending on turnover rate). -There are no fees charged for any of the Center's services: -Complaints about services are given as follows: 1. Staff turnover is very high due to heavy reliance on students and volunteers; it is, therefore, difficult to establish consistency in programming and strong trust levels with Mark IV Community members. 2. There is no worker on weekends or evenings. 3. Recreational 'facilities at the Mark IV complex are severely limited. -Measures which would help to alleviate the above complaints are: i i 1. Adequate funding of continuous paid staff, including new positions of a Latch Key worker with weekend hours and a full-time social worker. (See p. 5 for more information). 2. Continued 'involvement with the Iowa City Recreation Department in providing recreational services. I -See the Center's GOALS AND OBJECTIVES statement for more specific information on programs. -The Human Services Studies on Juvenile Justice, Child Care, Families in Stress; In -Home Support Services, and Emergency Assistance to Residents all addressed needs which services offered at the Willow Creek Neighborhood Center attempt to meet. Because these people often have low incomes, are single parents (or children of single parents), or are elderly, the Center's programming must be flexible and comprehensive. • I The following needs addressed by the Human Services studies are directly relevant: 1. Need for alternative recreational programming. 2. Before and after school child care (see information on proposed Latch Key iProgram). 3. Emergency assistance for food, clothing, etc. (The Center serves as a resource to residents in this area of need.) I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40IIIES I Willow Creek Neighborhood- Ater Page 4 i r 4. Need for programming to provide a variety of services to families in danger i from high stress levels (e.g., single parent families, financially stressed families). Such Programming would include provision of a place to take children when stress levels rise, counseling, activities for children and families, support groups. i i 5. Need for continued friendly visiting and telephone reassurance for elderly and homebound. (This area was addressed by the study; but no unmet needs i were found.) t -The Latch Key Program would specifically address needs 2 and 4 above. AMENDMENTS TO BUDGET INFORMATION JI Fiscal Year Forms j BUDGET FORT 1 -FY 81 requests from Johnson County (Line 2c) and Iowa City (Line 2b) were not included. These amounts should be: FY 81 Iowa City $5,865 Johnson'County $3,350 Amendments. to the rest of the information an the form will be made as necessary and a revised form submitted. BUDGET FORM 3 -Salary amounts given on this form don'c agree with those on Form 4. This will be revised as necessary. I Calendar Year Forms s BUDGET FORM 1 i- -1980 requests from Iowa City (Line 2b) and Johnson County (Line 2c) are not shown accurately. This will be revised and an amended form submitted. BUDGET FORM 3 -Salary amounts given on this form don't agree with those on Form 4. This will be revised as necessary. Pamela Pamser F JCRPC 10-18-79 i ! i j i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M- d (ONE PROGRAM PER PAGE) PROGRAM GOALS FORM Please complete this section with reference to the program for which funds are being requested. What are the goals that the program is centered around? AGENCY NAME Willowcreek Neighborhood Cnntwr NAME OF PROGRAM I Latch'Key Program YEAR What specifically do you want to achieve with this program? To help provide a wholesome Prevention- deter neighbor - and healthy environment hood delinquency and crime ,through education] recrea- before they occur. tion] and related services. Building Latch Key child + Aiding residents in improv- relationships. ing the quality of life within their neighborhood. i IF YOU WOULD LIKE ADDITIONAL INFORMATION ON THE BUDGET, METHODOLOGY, OBJECTIVES, AND STRUCTURE OF THE LATCH KEY PROGRAM, PLEASE LET UNITED WAY STAFF 'OR PAM RAMSER KNOW, AS WE DO HAVE SEVERAL PAGES OF INFORMATION ON THE PROGRAM. How will you get Results? Building construc- tive friendships. Providing stable adult role models. Act as intermediary between child and authority. Provide teen posi- tion leadership responsibilities. Establish neighbor! hood pride in youth To teach civic. education. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES How will you assess the results that you get? Forming a neighbor- hood and youth boar Yearly survey of bot) neighborhood and police department. Input from children and parents invblved in the program. wnac ocner agencies are concerned with these particu- lar goals? None How m� h it ci., time position i DQro w W j i NEWSLETTER for Lower Ralston Creek Neighborhood, STATUS OF SMALL CITIES PROJECT Environmental Review The Environmental Review Record (ERR) for the Small Cities project is now in the final stages of preparation. A draft document has been prepared and has been reviewed by the Committee on Community Needs (CCN). Information from the ERR draft has also been presented to residents at a neighborhood meeting on September 12, 1979. The final staff review of the ERR document is now underway. Upon completion, the final document will be available for citizen review and comments. Publication of the required public notices is schedule for November 1, 1979. For additional information concerning the project's environmental review, please contact Kevin Laverty of the Department of Planning and Program Development. Phone 354-1800, Ext. 324. Council Action The issue of loss of housing units to the project has been a concern to the City Council, CCN and staff. The project, as originally proposed, would remove a total of 15 housing units. from the lower Ralston Creek neighborhood. While the project proposes preparation of a public housing site at Linn and Harrison Street, it has not been determined how many units can be constructed at the location (it is estimated that, at a maximum, 6-10 units would be provided). In order to minimize the loss of housing units and hardship to home owners, Council has directed staff to pursue these alternatives to removal of housing units: 1. Owner -occupants of homes not needed for actual channel improvements, but scheduled for acquisition for redevelopment purposes, be offered either life estates (cgnti.0ued occupancy for the life of current owners) or, where possible, the ve"Toocation stxl"",, rehabilitation of their homes to other available and suitable sites. 2. Homes on properties needed for channel improvements, where possible, be relocated and rehabilitated. Of course, relocation assistance will be provided to all residents displaced by the project. CITIZEN INFORMATION AND INPUT Neighborhood Meetin A neighborhood meeting will be held Wednesday, October 17, 1979 in the National Guard Armory, 925 South Dubuque Street at 7_30 PM to discuss relocation activities of the Sma 1 Cities Pr Ject, Staff members from the Department of Planning and Program Development will present informa- tion concerning acquisition timing, relocation eligibility, and financial and technical assistance available to displaced residents and businesses. All interested residents and property owners are urged to attend. For further information contact Mike Flaherty; phone 354-1800, Ext. 324. October 1979 CITY OF IOWA CITY 354-1800 '1ICROFILNEo 8, JORM MICROLAB ACQUISITION TIMETABLE Acquisition of properties needed for the Small Cities project will be carried out in three phases. The scheduled acquisitions are outlined below: Phase I - November 1979 Address Owner 1. 930 S. Dubuque C. Jones 2. 219 E. Benton R. Johnson 3. 223 E. Benton R. Johnson 4. 222 E. Benton P. Cary 5. 222h E. Benton N. Lothridge 6. 200 BK. E. Lafayette J. Fisher 7. 506 S. Linn K. Boggs Phase II - April 1980 Address Owner 1. 200 BK. E. Lafayette D. Petersen 2. 200 BK. E. Lafayette W. Hieronymous 3. 309 E. Harrison J. Gillespie 4. 311 E. Harrison B. Rittgers 5. 512 S. Linn J. Anderson 6. 500 BK. S. Linn (partial) T. Nereim 7. 900 BK. S. Dubuque J. Callahan Phase III - October 1980 Address Owner 1. 900 BK. S. Dubuque (partial) J. Vedepo 2. 201 E. Benton J. Croker 3. 205 E. Benton J. Graham 4. 912 S. Dubuque R. Davin 5. 914 S. Dubuque B. Campion 6. 916 S. Dubuque M. Alexander 7. 926 S. Dubuque I. Foster 99L 'oN 1lw�ad V1401 'AIIO VM01 a IV d, j 30VISOd H,LYIi 970H MICROFILMED By JORM MICROLAB u1An NAPI1)S.ul 'aI:ii1, WZS VI 'Alio VM01 0111,133 OIA10 1NIWOI3AT.1 G:'',Udd '8 ONINNOd 30 '1430 AM VM01 d0 A110 CITY OF IOWA CITY DEPT, OF PLANNING & G ':.l. 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POSTAGE I PAID IOWA CITY, IOWAI I Permit No. 155 i :MoLaq p8uL11no aae suotltstnboe palnpayas ayl •saseyd aauyl ut Ino pat,�ueo aq Itim loaCoid satlt0 LIewS ayl rol papaau satlradoad to uotztstnbay 31OV13WIl NOUISIfI OV MICROFILMED By JORM MICROLAB -IDAV i'APIUS•01 't.ii:d a+ i I 0 i -T- y1 INFORMAL COUNCIL DISCUSSION OCTOBER 22, 1979 INFORMAL COUNCIL DISCUSSION: October 22, 1979, 1:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Roberts, Neuhauser, Vevera, Erdahl, Perret, (1:50 PM), deProsse, (2:20 PM) STAFFMEMBERS PRESENT: Helling, Stolfus. Others present for certain discussions as noted. TAPE-RECORDED on Reel # 79-27, Side 2, 115-1646. t i APPLICATIONS TO PLANNING AND ZONING COMMISSION Boothroy present. v PAD, LSDg,PREL. PLAT FOR TY'N CAE, AMENDED No pro ems remaim ng re cul -de --sac and redesigned site. i R. H. DAVIS SUBO. Needto re ve a waiver on 60 day limitation, or staff will add to { agenda for Council denial of subd. Roberts questioned if the house that had been moved in would have to be removed. There are several legal questions. Boothroy was directed to post notice of addition of agenda item on bulletin board, if necessary. P&Z MINUTES October 4th minutes mention problems with cars, bikes and skateboards in the Plaza. Boothroy explained what was happening. Reference was made to frequency of police patrol. Also the problem with signage for truck route for Interstate 80 traffic now being routed thru Clabubv4' Washington St. was noted. Council asked that Public Works correct the problem by installing 'truck route' signs, a memo to Council not needed. AGENDA 1. Item #10, contract with Metro Pavers, S. Gilbert St. Project to defer award until 1/1/80. Helling noted that this is just an extension of time, the consideration will be before that date. (1/1/80 is a holiday, Council meeting will be on 1/2/80). Roberts asked for an explanation of N5 in the agreement in re Pleasant Valley Nursery, which Helling gave. COUNCIL BUSINESS 1. Neu{auser requested that as a result of the tour of housing taken last week, that Council make some decisions re ceiling height and handrails. She suggested an amendment to the Housing Code, stating that the handrail requirement would be enforced only for new construction, same with ceilings, if the rest of the dwelling unit meets code standards. No one objected. Perret arrived, 1:50 PM. Staff can make certification to the State, with exceptions noted, and if they wish, the State can come back to the City. Kucharzak stated he would prepare an amendment which would 'grandfather' existing handrails and ceiling heights by saying, "Hereinafter erected". He will enforce the problem with faucets in bathtubs in the same manner. Regarding the situation with light switches `i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES 115-298 298-426 i I Paye 2 Informal Council ober 22, 1979 in rooms connected by archway, Staff is recommending change to reflect that at least one light switch be provided. Erdahl suggested addition of a date by which citizens can expect enforcement of new provisions, (six months after passage). Council expressed appreciation of seeing of the violations, noting that they would have to watch what they incorporate from the Uniform Building Code, as the inspectors are only doing their jobs. ""-��itl1Mf,L ovnrcu 426-500 Balmer and Erdahl reported on joint meeting with staff and Electrical Board members regarding recent situation. City Mgr. Berlin will follow thru on specific areas with the Inspection Dept. Councilmembers appreciated the minority report by one Boardmember. Neuhauser called attention to the fact that the Board was not following the recommended format for presentation of minutes to Council. (Airport Commission does not follow standard procedure I either.) Erdahl stated that Kucharzak did a fine job at a very difficult meeting. Balmer hoped that another meeting would be held to further resolve the situation. i REPORT FROM HAWKEYE CABLEVISION ON CONSTRUCTION STATUS Drew S affer & Bob Pepper present. -9-17-8-To-u-g added some information to the status report Council had received from Shaffer. Problems with the utility 500-957 companies should be resolved in two or three weeks. Engineering design for the downtown area is started. The tower proposed for the northside area has been approved by FAA, is 175', and does not have to be lighted. The Board of Adjust- ment withdbidsefrom9on 11/7 on the contractorrswere explained,tion ln th& iteisePossirzoninbleethatttheir own company will build the system. There will be 95 aerial miles and 30 under- ground miles of cable. Starting in the N.E., then to S.E. then N.W. and Councilwoman deProsse arrived, 2:20 PM. then to S.W. areas of the City, building completely around University Heights. Both Coralville and University Heights have cable franchise on the ballot at this election. The reception should be ready in the first area by March 1, 1980. Pepper advised that the Broadband Telecommunications Comm. is sending a letter to Bd. of Adjustmentas they felt that the problems raised by not I granting the exception are significant. The tower area is 501x50', tower is self- supporting, and will not interfere with regular television. The installation at the University will be built separately, and paid for by them. Labor concerns were noted. JOHNSON COUNTY COUNCIL ON AGING Doris ri geman presente sides and narration on the programs of the agency. 957-1448 I including Outreach, Supportive Services, Business Help, Resource, Recreation, Tours, Greenhouse, Visiting, Shoppers service. She explained the difference f between the AARP and the Heritage Agency on Aging, the HAA is concerned with 1 but with the choredeict services. I J project. CDBG PROJECTS UPDATE Kraft, Hencin present Hencin advised that the letters re recipients of trees would be delivered this 1448-1648 week. Staffing for the Senior Center was discussed. Helling will check to j see if funding participation by Johnson County has been settled. APPOINTMENTS Board of Appeals will be readvertised, as will Board of Adjustment. All agreed to appoint Nina Hamilton, 1173 E. Court St. to United Action for Youth Board. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES DOMES a I Page 3 Informal Council OTHER BUSINESS October 22, 1979 Erda ted that Council discuss the memo re lease of space from Henry Louis, othrs eagreed. Helling will schedule it for Hayek can be Present. informal discussion when COLLECTIVE BARGAINING Moved by deProsse, seconded by Roberts to adjourn to executive session for discussion of collective bargaining under Sec. 9.3 on the Police Union proposal. Affirmative roll call vote unanimous, all Council embers Present. Staffinembers present: Helling, Stolfus, Brown. Meeting held in the Conference Room, 3:35 P.M., as posted. Tape-recorded on Reel #15, Side 1,1698-2287, Moved by Neuhauser, seconded by Perret to adjourn, 4:20 P.M. Motion carried unanimously. OTHER BUSINESS __T_-_Uu;c_ffFmembers called attention to a change in the meetings for United Way, Helling will advise if each meeting has been moved up a week. 2 Asberts CraigrMinterdwascall workingmonothis, Plastinoardinwiillgbelaskedlforsthap eplication. information. Meeting adjourned, 4:30 PM, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i , , I � � i i. I , I � _i 1 i I Page 3 Informal Council OTHER BUSINESS October 22, 1979 Erda ted that Council discuss the memo re lease of space from Henry Louis, othrs eagreed. Helling will schedule it for Hayek can be Present. informal discussion when COLLECTIVE BARGAINING Moved by deProsse, seconded by Roberts to adjourn to executive session for discussion of collective bargaining under Sec. 9.3 on the Police Union proposal. Affirmative roll call vote unanimous, all Council embers Present. Staffinembers present: Helling, Stolfus, Brown. Meeting held in the Conference Room, 3:35 P.M., as posted. Tape-recorded on Reel #15, Side 1,1698-2287, Moved by Neuhauser, seconded by Perret to adjourn, 4:20 P.M. Motion carried unanimously. OTHER BUSINESS __T_-_Uu;c_ffFmembers called attention to a change in the meetings for United Way, Helling will advise if each meeting has been moved up a week. 2 Asberts CraigrMinterdwascall workingmonothis, Plastinoardinwiillgbelaskedlforsthap eplication. information. Meeting adjourned, 4:30 PM, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES