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Home My WebLink About1979-12-18 Regular Meetinglan',Fe0hr apt May lun lul Augl,Sep Oct Hov,Oec! 16 17 1 6 9 !1811 1 REGULAR COUNCIL MEETING OF DECEMBER 18, 1979 __ TO REv?.E l—'_E IN� `-'u .._ 70 LEF- A r WI r<<r rry F} 4a.rd:.+,„•�Yl� jy `�iy t • J I ieJ'� Ft 1 � t V� )� ' S .4 t � q{�t /'! "yi+r+ 1 rg ( .�� j 5 ) r .t t ,.' ro ' ,r- 1 , ^'' ♦ �. v ' e<r r �` •,J�r xYaM �rt�}y' 'fie r'•-YS �;y+. :.". t �+`rrLa y l i ♦P N r. f f f.'. J ; V t" .ir5f \'l n�rr .? u 1� i f ^t)�fh 2]r.i'M1el'. y )Y}^ s ✓r rl !�"Y1.'J 14 i. x y.. ) '�J f ] , "r f . t t r , / ii 1r � �f".s',',% r ;' al � f � v r 1 _ �' r r<- x a r >t rr IIS JE3� a• t e�.Y T^ 1] r .mit , T:. � � �M1`l.11 t•`y irV`�yf�t.,. 4t�." i;. is ! u t.j r r t' .. ,�r A '•"/ t 1rM1'. "µf �` r ^) X.tt zr MN�� r,;. ,•� f^` f ra" - - ; .IN � J A tvfi7 jy5.. r.t r � �) 1 ) �� ) u Tytdan{ ,,� ` �irC) ��,;• i .e,.�'. f� ✓ r- �,� .L � , ) r _ ' r> ° t''Y(f2.. ,,, Akj 5 r-vsoj k'A '�e j'•� f jt} ;.J f r r :r � [ e ) �t r I? v;,y 5 JL5 ..ry tFv lltNc }rJ�'M-hri'`, ,' 3 } 1 JORM MICROI_ AES I N., NO rM 772 REGULAR OXWn MEETING OF DECEMBER 18, 1979 7:30 P.M. COUNCIL CLIMBERS, CIVIC CENTER 410 EAST MSHMOTON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES M COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 18, 1979 Iowa City Council, reg. mtg., 12/18/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, Erdahl, Perret, Roberts, Vevera. Absent: Neuhauser. Councilmember-elect Lynch present. Staffinembers present: Berlin, Helling, Hayek, Hencin, Mose, Plastino, Kucharzak, Stolfus, Karr. Council minutes tape-recorded on Tape 79-30, Side 1, 198-1643. Mayor Vevera proclaimed Tuesday, December 18, 1979, as National 1M Unity Day. Moved by Balmer, seconded by Roberts, to adopt RES. 79-562, Bk. 59, p. 1378, APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CARO! MdO DEPROSSE AS A MEMBER OF THE CITY COUNCIL OF IOWA CITY. Affirmative roll call vote unanimous, 5/0, Neuhauser absent. Councilmember Lynch now present and voting. Mayor Vevera presented "Certificates of Appreciation" to Jeanette Fulton, Martha Fulton, Melissa Fulton, Mark Fulton, Ms. Norbert Malik, and 9701 Mary Malik, who assisted elderly and handicapped residents in planting trees provided by the Neighborhood Site Improvements Tree Planting Program. City Clerk Stolfus requested two additions to the Consent Calendar, Res, for Sunday Sales for Yen Ching Restaurant and a preliminary resolution relating to the Hawkeye Sports Arena at the University of Iowa. Moved by Perret, seconded by Roberts, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as amended: Minutes of Boards and Commissions: ' Bd. of Examiners of 0,10 -2 - Plumbers -11/27/79; `Committee on Community Needs -12/5/79; 'Planning 303 and Zoning Comm. -11/13/79 (inf.), 12/3/79 (inf.), 12/6/79; -Resources 9 39�� Conservation Comm. -12/11/79; -'Human Rights Comm. -11/28/79 & 7/26/79 27,L5 (spec.). =e9d Permit Resolutions, Bk. 59, recommended by City Clerk: RES. 79- 563, p. 1379, APPROVING CLASS C BEER PERMIT AND RES. 79-564, p. 1380, SUNDAY BEER SALES FOR SOUTHLAND COPR. dba 7 -ELEVEN #18048, 820 First_ Ave. RES. 79-565, p. 1381, APPROVING CLASS C LIQUOR LICENSE FOR RICHARD CORCORAN dba THE SHAMROCK, 525 South Gilbert. RES. 79-566, -23,9,f_ p. 1382, APPROVING CLASS B LIQUOR LICENSE AND RES. 79-567, p. 1383, SUNDAY SALES FOR YEN CHING RESTAURANT, INC. dba YEN CHING, 1515 Mall 13eV Drive. RES. 79-568, p. 1384, APPROVING CLASS C BEER PERMIT AND RES. 79-569, p. 1385, SUNDAY SALES FOR RANDALL'S INTERNATIONAL, INC. dba 2,414 RANDALL FOODS, 1851 Lower Muscatine Rd. Petitions: Petition for Suspension or Remission of Taxes on d-7/1_ Account of Age or Infirmity for Mildred Jennings. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES Council Activities December 18, 1979 i Page 2 Motion setting a public hearing on a proposed resolution declaring that public convenience and necessity require the proposed taxicab service applied for by Hawkeye Cab Co, within the City of,�2,?/,.L Iowa City. Public hearing will be held on January 22, 1980, at 7:30 P.M., in the Council Chambers. Resolutions, Bk. 59: RES. 79-570, p. 1386, ACCEPTING THE PAVING 2 31? AT THE BOYRUM STREET CONNECTION WITH HIGHWAY 6, as constructed by / Metro Pavers Inc. of Iowa City. RES. 79-571, p. 1387, ACCEPTING 33L PAVEMENT, STORM SEWER AND SANITARY SEWER FOR COURT HILL -SCOTT BLVD. RES. 79-572, pp. 1388-1389, A PRELIMINARY RESOLUTION PURSUANT TO Q S/s - SECTION 384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVE- MENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA. Correspondence: Letter from Della Grizel re elderly care _a 3LL_ legislation, referred to the City Manager for reply. Letter from James Wells re Mall bus route, referred to the City Manager for .2 7/7 reply. Memos from Traffic Engr.: re yield sign on Sheridan Avenue ; 3 at Seventh Avenue, re parking prohibition on Normandy Drive, re parking prohibitions on Seventh Avenue, re street light installation at Clover St./Friendship Avenue, re stop sign alternation on Rohret Rd., re stop sign on Petsel Place at Mormon Trek, and re stop sign installation at Flatiron Avenue/Sycamore Street. Mayor Vevera repeated the public hearing as set. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Bruce Glasgow, 934 N. Johnson, appeared regarding staff memo on sewer extension for N. Dodge St. Court. Berlin advised that Council had not yet 3/ received the memo. Glasgow explained the problem and requested a decision be made by Council after receipt of the memo. Wayne Draper, 2216 California Ave., part-owner of A Better Cab Co., appeared requesting that the 10 block of East Washington St. be open to ?7 taxicabs bound, as they are public transportation. It is closed to all but bus traffic. Mayor Vevera stated that previously Council had agreed to use of Washington only by the buses, in that area. City Manager Berlin reported that this spring Madison will not be accessible because of the River Corridor sewer project. Don Stanley, 511 S. Johnson, questioned why the benches were taken out of the Blackhawk Minipark. Berlin replied that they were being repaired and painted, the same as benches from all other parks. Ferrell Turner, Chairman of the Board of Electrical Examiners, appeared with the results of the on-site inspection he took with Inspector Siders at Procter and Gamble regarding complaints of wiring violations. -212,_R He stated that they saw no violation of the Iowa City Code or the National Code, as the wiring done was control wiring. He presented a written report which will be forwarded to the complaintant. MICROFILMED BY JORM MICROLAB CEnAR RAPIDS -DES 101tl[S ZEI Coun : Activities December 18, 1979 Page 3 Public hearing was held regarding changes in the Iowa City Transit System route structure and use of designated bus stops. Dir. of Public Works Plastino gave a short presentation, clarifying information re transfers. The buses will wait the usual two to four minutes, but will not wait for other buses which are late, at peak ridership hours. He reported University Heights Councilman Stan Good's concerns regarding structural strengths of some of their streets. The proposed designated bus stops, every two blocks, will cost $9,300. Plastino requested Council approval on this project at this meeting. Citizens appearing included: Richard Strauss, 1129 Denbigh, also representing other area residents, asking for removal of bus route on Denbigh. Barry Ginsberg, 132 Penfro; Jay Stimmel, 36 Denbigh; Raymond Tannous, 131 Penfro; and Larry Hunsicker, 904 Denbigh; requesting continuance of the Denbigh route. Sheila Kamath, 36 Arbury, presented a petition from 179 West High students, Leah Eskin presented a statement. from West High Student Senate and read letter from Lynne Cannon, all requesting provision of bus service to West High students. Jenny Breese, 1944 Hafor Circle, also appeared concerning the route. Brad Meyers, 840 Maggard, commented on 7th Ave. routes, problems if transfer to Westinghouse is missed, opposition to fare increase. Stuart Goodale, bus driver, discussed driver input. Allen Wolfe, 1210,x_ Grant Court, favored Seventh Ave. route down Oakland Ave. again. Jean Park, 526 S. Dubuque, bus driver, was not in favor of designated bus stops or increase in fares during peak hours. Lee Sandberg, 89 Forest View Trailer Ct., discussed problem encountered when Wardway bus is late & possible potential ridership if route was retimed. Donn Stanley presented general comments. Richard Van Duyn, 518 Terrace Road, commented on changes on tripper bus. Transit Mgr. Mose stated that there are too many riders at peak times, and not enough buses. Moved by Perret, seconded by Er•dahl to receive the following letters, statements and petitions as part of the record of the public hearing: Statement -Lynne Cannon, 920 Highwood St., re West High; Della Grizel, 1530 Sheridan Ave., comments on several changes; Leah Grizel, 1530 Sheridan Ave., comments on several changes; Leah Eskin, statement from West High Student Senate Executive Board; Eleanor Trummel, 314 W. Benton, re Wardway route; Petition from Students for Mark IV bus to West High. Motion carried unanimously. Mayor Vever•a announced that the appointments to fill vacancies on the ala-lz Human Rights Commission would be deferred. Moved by Erdahl, seconded by Balmer to approve the recommendation of the Johnson County Board of Supervisors to appoint Michael Kattchee to the Senior Center Commission Q3 a.I for a three-year term expiring 12/31/82. Motion carried unanimously, 6/0. As posted, and added to the agenda, Mayor Vevera announced two four-year vacancies on the Parks & Recreation Commission. The appointments will beC2,1 a G made at the January 22, 1980, meeting of the City Council. Balmer questioned if there would be north/south travel on Clinton during the construction for the Streetscape Improvement Project. City , 3 Mgr. Berlin will investigate and report. Balmer also called attention to the request for Council direction for Riverfront Improvement project re r�3� i=-- -- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES O.: Council Activities December 18, 1979 Page 4 bikeways. Berlin will check to see where the funding is coming from. There were no objections to proceeding with the application. Roberts thanked the Press -Citizen for their publicity on how to report outages on street lights. Moved by Roberts, seconded by Balmer to give Public Works the go-ahead for installation of designated bus stop signs. Motion _212 I carried, 5/1, Perret voting 'no'. Lynch noted that this would be the final meeting that Mayor Vevera would preside over, and thanked him for ;330 the fine job he has done the past two years, noting that citizens do not understand the demands on a mayor. The other councilmembers seconded his remarks. City Atty. Hayek commented on pending, litigation with Henry's Hamburger/Stasi, and asked approval for settlement for $14,000. Moved by Balmer, seconded by Roberts to grant approval of the $14,000 settlement.-�2_33/ Motion carried unanimously, 6/0. Moved by Balmer, seconded by Roberts, to adopt RES. 79-573, Bk. 59, pp. 1390-1391, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA:7332 CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL NO. 82-1b, FORMER MINIPARK NEXT TO THE COLLEGE BLOCK BUILDING). Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Roberts, seconded by Balmer, to adopt RES. 79-574, Bk. 59, p. 1392, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET ;2 3 33 IMPROVEMENT PROJECT (PARCEL NO. 3, CYCLE INDUSTRIES). Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Roberts, seconded by Lynch, to adopt RES. 79-575, Bk. 59, p. 1393, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT UST-M-273-��/ Y051(1) --8U-52. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Mayor Vevera expressed appreciation to Metro Pavers for agreeing to hold their price until acquisition of parcels was finalized. Moved by Balmer, seconded by Perret, to adopt RES. 79-576, Bk. 59, p. 1394, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT 3 TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL, AND PFIFFNER, A PARTNERSHIP, TO PROVIDE a3,35/ ARCHITECTURAL SERVICES FOR THE ADAPTIVE REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Perret, seconded by Erdahl, to adopt RES. 79-577, Bk. 59, p. 1395, AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING. REHABILITATION PROGRAM. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. A resolution authorizing the Mayor to sign and the City Clerk to attest an agreement with Kelly Security Company whereby Kelly Security_ shall provide security services for the parking ramp at Clinton and Burlington Streets was deferred. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t10111Es `L Council Activities December 18, 1979 Page 5 First consideration of an Ordinance dedicating certain City property J 3 3X for park purposes was also deferred. Moved by Roberts, seconded by Balmer, to adjourn 9:40 P.M. I ROBE R A. VEVERA, A ABBIE STOLFUS, CITY CLERK i i I i I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES City of lows City MEMORANDUM DATE: December 14, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from the City Manager regarding the Capital Improvement Progra Letter from Ames Engineering and Testing Company regarding CDB Streetscap Improvement Project, Phase II. Memorandum from Senior Center Coordinator regarding Senior Center constru Memoranda from the Finance Director: a. FY 81 budget revenue projections and financial status b. Purchase of New Library Site c. Purchase of land from CDBG d. Assistant Transit Manager/Designated Bus Stop Signs Memoranda from the Department of Public Works: a. FY 81 State Transit Assistance Memoranda from the Department of Planning and Program Development: a. Riverfront Improvements - Rock Shore Drive Trail b. New Proposed Zoning Ordinance and Map Review and Adoption Schedule Memorandum from Housing Coordinator regarding Section 8 Preliminary Proposal - New Construction. Memorandum from Iowa City Crisis Intervention Center regarding fiscal and 1 program activities, July 1 - September 30, 1979. Minutes of staff meetings of November 21, 1979, and December 5, 1979. Newsletter for Lower Ralston Creek Neighborhood, December 1979. Legal brief of complainants, Thomas J. Miller and Linda Eaton. �:2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES 1401IIES COUNCIL. MEETING OF Z4 Fi7� ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL ORIGINAL XEROX XEROX COPIES COPIES COPIES CONT. INSTRUCTION AGENDA CERT. OF OF OF AFTER FOR ITEM N FILE N RECR. ITEMS CONTRACT ITEMS EXECUTION FINALIZATION le I"N7 63� i �il �C7p J � 3 %2 tileet�,.y ✓ All eei,;.I ✓ Bcyr:.AA S-1. sow. cru-cSt4f♦ � s�kt1.✓ /d ti I Deno,'I y ✓ P. LJ' PYo�e�t ICes.Fle ✓ Res, le P.LO,✓ RP5 r, IN P.IYi • i P.PU RPS. rd. ✓ 57 � �is kleellv:q' Re S. F,, IP 3 X covdeJ'✓ 16R. / /✓oral 134.,1 ✓ 44. F/e rlb I, t "IN'• Re[cNc�P� (!"rod Fr�Gv') Meetl�q g Nati-, 3 Res. Fi I G Slat !Ps Neefl ✓ R rl ✓ J � bio! (n 7: OOT ✓ P. Q Q � �� /s'0) FAaS / G'IPYr, �� C..•.i. F IG / a y,u.oT W - Fa c f �j�IK, I Co�M(�inlvt� Ibevt St.t i S.Grlb.Ff.oj /incc.e-,.r.�e.. Creart�Seo�{. �fle '� Mel+o -�<< p.YJ• ✓ FADS✓ ?00.'✓ Grnnl+ce � A14. AAptro%c •Z' AOT✓ f' �1� e ¢ti c� q✓ �� r -A a 5 ✓ "�' I 's. Gi l bpr l PrarJ . PAI). f?eS. F, I e ✓ hmai,ae `✓ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i COUNCIL MEETING OF Le 't%7e% ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. ORIGINAL ORIGINAL XEROX XEROX COPIES COPIES COPIES CONT. INSTRUCTION AGENDA CERT. OF OF OF AFTER FOR ITEM N FILE N RECR. ITEMS CONTRACT ITEMS EXECUTION FINALIZATION l3 ar' 7�1 lCrs. ee tiH.,Rr� � P.P.D. PW.. �z P. W. IrcJ-5 ✓ Cleves(onf.F'Ie (inaNce ✓ Res. t:, vv i% lVle¢1.0.c1' esF.le " I� fJCp.A..(U.Ls.) hvej. CA1ws,:,5)/ r t_ f! eeti s. F. /S %�as. Kelly/ 9 r" vice n e(evi 's Cok1, Y'le Ati� I2,9 f. F, le Re e /Votic P' /1'SGed F. a G MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 6101PIES COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 18, 1979 Iowa City Council, reg. mtg., 12/18/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, Erdahl, Perret, Roberts, Vevera. Absent: Neuhauser. Councilmember-elect Lynch present. Staffinembers present: Berlin, Helling, Hayek, Hencin, Mose, Plastino, Kucharzak, Stolfus, Karr. Council minutes tape-recorded on Tape 79-30, Side 1, 198-1643. Mayor Vevera proclaimed Tuesday, December 18, 1979, as National Unity Day. Moved by Balmer, seconded by Roberts, to adopt RES. 79-562, Bk. 59, p. 1378, APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CAROL DEPROSSE AS A MEMBER OF THE CITY COUNCIL OF IOWA CITY. Affirmative roll call vote unanimous, 5/0, Neuhauser absent. Councilmember Lynch now present and voting. Mayor Vevera presented "Certificates of Appreciation" to Jeanette Fulton, Martha Fulton, Melissa Fulton, Mark Fulton, Ms. Norbert Malik, and Mary Malik, who assisted elderly and handicapped residents in planting trees provided by the Neighborhood Site Improvements Tree Planting Program. City Clerk Stolfus requested two additions to the Consent Calendar, Res. for Sunday Sales for Yen Ching Restaurant and a preliminary resolution relating to the Hawkeye Sports Arena at the University of Iowa. Moved by Perret, seconded by Roberts, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as amended: Minutes of Boards and Commissions: Bd. of Examiners of Plumbers -11/27/79; Committee on Community Needs -12/5/79; Planning and Zoning Comm. -11/13/79 (inf.), 12/3/79 (inf.), 12/6/79; Resources Conservation Comm. -12/11/79; Human Rights Comm. -11/28/79 & 7/26/79 (spec.). Permit Resolutions, Bk. 59, recommended by City Clerk: RES. 79- 563, p. 1379, APPROVING CLASS C BEER PERMIT AND RES. 79-564, p. 1380, SUNDAY BEER SALES FOR SOUTHLAND COPR. dba 7 -ELEVEN #18048, 820 First Ave. RES. 79-565, p. 1381, APPROVING CLASS C LIQUOR LICENSE FOR RICHARD CORCORAN dba THE SHAMROCK, 525 South Gilbert. RES. 79-566, p. 1382, APPROVING CLASS B LIQUOR LICENSE AND RES. 79-567, p. 1383, SUNDAY SALES FOR YEN CHING RESTAURANT, INC, dba YEN CHING, 1515 Mall Drive. RES. 79-568, p. 1384, APPROVING CLASS C BEER PERMIT AND RES. 79-569, p. 1385, SUNDAY SALES FOR RANDALL'S INTERNATIONAL, INC. dba RANDALL FOODS, 1851 Lower Muscatine Rd. Petitions: Petition for Suspension or Remission of Taxes on Account of Age or Infirmity for Mildred Jennings. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIUES _.. Council Activities December 18, 1979 Page 2 Motion setting a public hearing on a proposed resolution declaring that public convenience and necessity require the proposed taxicab service applied for by Hawkeye Cab Co. within the City of Iowa City. Public hearing will be held on January 22, 1980, at 7:30 P.M., in the Council Chambers. Resolutions, Bk. 59: RES. 79-570, p. 1386, ACCEPTING THE PAVING AT THE BOYRUM STREET CONNECTION WITH HIGHWAY 6, as constructed by Metro Pavers Inc. of Iowa City. RES. 79-571, p. 1387, ACCEPTING PAVEMENT, STORM SEWER AND SANITARY SEWER FOR COURT HILL -SCOTT BLVD. RES. 79-572, pp. 1388-1389, A PRELIMINARY RESOLUTION PURSUANT TO SECTION 384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVE- MENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA. Correspondence: Letter from Della Grizel re elderly care legislation, referred to the City Manager for reply. Letter from James Wells re Mall bus route, referred to the City Manager for reply. Memos from Traffic Engr.: re yield sign on Sheridan Avenue at Seventh Avenue, re parking prohibition on Normandy Drive, re parking prohibitions on Seventh Avenue, re street light installation at Clover St./Friendship Avenue, re stop sign alternation on Rohret Rd., re stop sign on Petsel Place at Mormon Trek, and re stop sign installation at Flatiron Avenue/Sycamore Street. Mayor Vevera repeated the public hearing as set. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Bruce Glasgow, 934 N. Johnson, appeared regarding staff memo on sewer extension for N. Dodge St. Court. Berlin advised that Council had not yet received the memo. Glasgow explained the problem and requested a decision be made by Council after receipt of the memo. Wayne Draper, 2216 California Ave., part-owner of A Better Cab Co., appeared requesting that the 10 block of East Washington St. be open to taxicabs bound, as they are public transportation. It is closed to all but bus traffic. Mayor Vevera stated that previously Council had agreed to use of Washington only by the buses, in that area. City Manager Berlin reported that this spring Madison will not be accessible because of the River Corridor sewer project. Don Stanley, 511 S. Johnson, questioned why the benches were taken out of the Blackhawk Minipark. Berlin replied that they were being repaired and painted, the same as benches from all other parks. Ferrell Turner, Chairman of the Board of Electrical Examiners, appeared with the results of the on-site inspection he took with Inspector Siders at Procter and Gamble regarding complaints of wiring violations. He stated that they saw no violation of the Iowa City Code or the National Code, as the wiring done was control wiring. He presented a written report which will be forwarded to the complaintant. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IJorrIES Council Activities December 18, 1979 Page 3 Public hearing was held regarding changes in the Iowa City Transit System route structure and use of designated bus stops. Dir. of Public Works Plastino gave a short presentation, clarifying information re transfers. The buses will wait the usual two to four minutes, but will not wait for other buses which are late, at peak urs. He reported University Heights Councilman Stan Good'sridership concerns hregarding structural strengths of bus stopssome of their streets. The proposed designated , every two blocks, Plasti will cost $9 300. no requested Council approval on this project at this meeting. Citizens appearing included: Richard Strauss, 1129 Denbigh, also representing other area residents, asking for removal of bus route on Denbigh. Barry Ginsberg, 132 Penfro; Jay Denbigh; r Denbigh; Raymond Tannous, 131 Penfro; and Larry Hunsicker, 904 Denbigh; requesting continuance of the Denbigh route. Sheila Kamath, 36 Arbury, presented a petition from 179 West High students, Leah Es kin presented a.statement from West High Student Senate and read letter from Lynne Cannon, all requesting provision of bus service to West High students. Jenny Breese, 1944 Hafor Circle, also appeared concerning the route. Brad Meyers, 840 Maggard, commented on 7th Ave. routes, problems if transfer to Westinghouseis missed, Opposition Stuart Goodale, bus driver, discussed driverinput. Al fare increase. len Grant Court, favored Seventh Ave. route down Oakland Ave. again. Jean Park, 526 S. Dubuque, bus driver, was not in favor of designatedlo bus stops 0 or increase in fares during peak hours. Lee Sandberg, 89 Forest View Trailer Ct., discussed problem encountered when Wardway bus is late & Possible potentialcomments. ridership Vanif roDuyn,, 5as 18t Ted Donn Road, commented ton riders at changes on tripper bus. Transit Mgr. Mose stated that there are too many s. Erdahl to receiveeak mthe followingnot nlettersSestatMoved by Ferret seconded ons part of the record of the public hearing: Statement -Lynne Cannon, 920 Highwood St., re West High; Della Grizel, 1530 Sheridan Ave., comments on several changes; Leah Grizel, 1530 Sheridan Ave., comments on several changes; Leah Eskin, statement from West High Student Senate Executive Board; Eleanor Trummel, 314 W. Benton, re Wardway route; Petition from Students for Mark IV bus to West High. Motion carried unanimously. Mayor Vevera announced that the appointments to fill vacancies on the Human Rights Commission would be deferred. Moved by Erdahl'seconded by Balmer to approve the recommendation of the Johnson County Board of Supervisors to appoint Michael Kattchee to the Senior Center Commission for a three-year term expiring 12/31/82. Motion carried unanimously, 6/0. As posted, and added to the agenda, Mayor Vevera announced two four-year vacancies on the Parks & Recreation Commission. The appointments will be made at the January 22, 1980, meeting of the City Council. Balmer questioned if there would be north/south travel on Clinton during the construction for the Streetscape Improvement Project. City Mgr. Berlin will investigate and report. Balmer also called attention to the request for Council direction for Riverfront Improvement project re bikeways. Berlin will check to see where the funding is coming from. There were no objections to proceeding with the application. Roberts FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II01nCS Council Activities December 18, 1979 Page 4 bikeways. Berlin will check to see where the funding is coming from. There were no objections to proceeding with the application. Roberts thanked the Press -Citizen for their publicity on how to report outages on street lights. Moved by Roberts, seconded by Balmer to give Public Works the go-ahead for installation of designated bus stop signs. Motion carried, 5/1, Perret voting 'no'. Lynch noted that this would be the final meeting that Mayor Vevera would preside over, and thanked him for the fine job he has done the past two years, noting that citizens do not understand the demands on a mayor. The other councilmembers seconded his remarks. City Atty. Hayek commented on pending litigation with Henry's Hamburger/Stasi, and asked approval for settlement for $14,000. Moved by Balmer, seconded by Roberts to grant approval of the $14,000 settlement. Motion carried unanimously, 6/0. Moved by Balmer, seconded by Roberts, to adopt RES. 79-573, Bk. 59, pp. 1390-1391, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL NO. 82-1b, FORMER MINIPARK NEXT TO THE COLLEGE BLOCK BUILDING). Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Roberts, seconded by Balmer, to adopt RES. 79-574, Bk. 59, p. 1392, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 3, CYCLE INDUSTRIES). Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Roberts, seconded by Lynch, to adopt RES. 79-575, Bk. 59, p. 1393, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT UST -M - Y051(1) --8U-52. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Mayor Vevera expressed appreciation to Metro Pavers for agreeing to hold their price until acquisition of parcels was finalized. Moved by Balmer, seconded by Perret, to adopt RES. 79-576, Bk. 59, p. 1394, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT 3 TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL, AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTIVE REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Perret, seconded by Erdahl, to adopt RES. 79-577, Bk. 59, p. 1395, AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING REHABILITATION PROGRAM. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. A resolution authorizing the Mayor to sign and the City Clerk to attest an agreement with Kelly Security Company whereby Kelly Security shall provide security services for the parking ramp at Clinton and Burlington Streets was deferred. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIfIES Council Activities December 18, 1979 Page 5 r First consideration of an Ordinance dedicating certain City property for park purposes was also deferred. i Moved by Roberts, seconded by Balmer,to a ourn 9:40 P.M. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CL K IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ROLL CALL REGULAR COUNCIL MEETING OF DECEMBER 18, 1979 7:30 P.M. PRESENT ABSENT BALMER ✓ ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES DECEMBER 18, 1979 Item No. 1 - MEETING TO ORDER. lvYa_1V,/ P e Us v e L ROLL CALL. hat"C.L"'ce�y a.Qe.�.a1 /vlLyuv pve�laiv. ed Oec /8, A).4ic�al Cfti,iy Da �• Item No. 2 - CONSIDER A RESOLUTION APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CAROL DEPROSSE AS A W BER OF THE CITY COUNCIL OF IOWA CITY. Comment: Carel deProsse resigned from the City Council effective December 14, 1979. This resolution will appoint Lawrence Lynch to fill the vacancy created by Me. deProsse's resignation. Action: i I Item No. 3 - PRESENTATION OF "CERTIFICATES OF APPRECIATION" BY MAYOR VEVERA TO SIX PERSONS WHO ASSISTED ELDERLY AND HANDICAPPED RESIDENTS IN PLANTING TREES PROVIDED BY THE NEIGHBORHOOD SITE DUTOVEMENTS TREE PLANT= PROGRAM. Comment: On November 2-3, 1979, 361 street trees were delivered to residents in the CDBG Neighborhood Site Improvements area. Six citizens volunteered to plant trees for those elderly and handicapped residents who requested help. These certificates recognize the contribution to the beautification of Iowa City by the following people: Jeanette Fulton - Horizon Club Leader Martha Fulton - Camp Fire Girl Melissa Fulton - (daughter of Jeanette Fulton) Mark Fulton - (son of Jeanette Fulton) Ms. Norbert Malik - Camp Fire Girl -Club Leader Maty Malik - Camp Fire Girl Item No. 4 - OONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Minutes of Boards and Cammissions. (1) Board of Exandners of Plumbers meet.in; of November 27, 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tfolliCs I Agenda mWA Regular Council Meetit., December 18, 1979 7:30 P.M. Page 2 Item No. 4a (cont'd) (2) 1Committee on Community Needs meeting of December 5, (3) Planning and Zoning Commission informal meeting of November 13, 1979. (4) Planning and zoning Commission informal me of of December 3, 1979. (5) 197=9.dM and Zoning Cam-dssion, meeting of December 6 (6) Resources Conservation Cored cion meeting of Deoember 11, 1979. (7) Human Rights Commission meeting of November 28, 1979. (8) Human Rights Commission special meeting of July 26, 1979. these minutes had been misplaced and were uncovered during reorganization of the filing system after employee had resigned and a replaosment was hired. b. Permit Resolutions, as re=ffwx Sed by City Clerk: (1) Consider resolution Application for Southland anCor Class C Beer permit 820 First Avenue. (renewal) 7 -Eleven 618048, (2) Consider resolution approving Class C Sunday Beer S� ,( Permit Application for Southland Corp. Ciba 7 -Eleven 618048, 820 First Avenue. (renewal) (3) Consider resolutionfor approving Class C Liquor License ✓r S Gilbert T. Corcoran dba The Shamrock, 525 South (renewal) ) S 6 6 (4) Consider resolution approving Class B Liquor License for Yen Ching Restaurant, Inc. dba Yen - � % n Ching, 1515 Mall Drive. (new) Na)ZuuCin•Cj n ICs (5) Consider resolution approving Class C Beer Permit for Randall's International, Inc, dba Randall Foods, 1851 G> Lower Muscatine til. (renewal) (6) Consider resolution approving Class C Beer Sunday Sales L Permit for Randall's International, Inc. dba Randall Foods, 1851 Lower Muscatine Rd. (renewal) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES W ADDITION TO THE AGENDA OF DECEMBER 18, 1979 Consider resolution approving Class B Sunday Liquor License for Yen Ching Restaurant, Inc. dba Yen Ching, 1515 Mall Drive. (new) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140MES Agenda #hA Regular Council Meeti , December 18, 1979 7:30 P.M. Page 3 y; C. Petitions. (1) Consider Petition for Suspension or Remission of Taxes on Account of Age or Infirmity for Mildred Jennings. (Taxes have been suspended for individual in previous years). d. Setting Public Hearings. (1) Consider a motion setting a public hearing on a proposed resolution declaring that public convenience and necessity require the Proposed taxicab service applied for by Pubawleic h ar Company within the City of Iowa City. hearing will be held on January 22, 1980, at 7:30 P.M., in the Council Chambers. e. Resolutions. 4$ 70 (1) Consider resolution accepting the paving at the Bcyrum Street connection with Highway 6 as contracted by Metro _L71 Pavers Inc. of Iowa City, Iowa. _l Comment: See attached Engineer's Report. (2) Consider resolution accepting Pavement, storm sewer and 5 7Zsanitary sewer for Court Hill -Scott Boulevard. Part 63) 7e_9A Comment: See attached Engineer's Report. f. Correspondence. (1) Letter from Della A. Grizel concerning elderly care legislation. This letter has been referred to the City Manager for reply. (2) Letter from James A. Wells concerning the Mall bus route. This letter has been referred to the City Manager for reply. (3) Memorandum from the Traffic Engineer regarding yield sign on Sheridan Avenue at Seventh Avenue. (4) Memorandum from the Traffic Engineer regarding parking Prohibition on Normandy Drive. (5) Memorandum from the Traffic Engineer regarding parking Prohibitions on Seventh Avenue. (6) Memorandum from the Traffic Engineer regarding street light installation at Clover St./Friendship Ave. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDImES ADDENDUM TO AGENDA OF REGULAR COUNCIL MEETING December 18, 1979 CONSIDER A PRELIMINARY RESOLUTION PURSUANT TO g384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVEMENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA. Comment: This resolution authorizes the Mayor to sign and the City Clerk to attest to a preliminary resolution concerning the road improvements relating to the Hawkeye sports arena at the University of Iowa. This directs the City Engineer to prepare, in coordination with representatives of the State and University and with their assistance, preliminary plans and specifications estimating the cost of the work, and a plat and schedule, and to file same with the Clerk. Action: i -So_ (eKCLJ• i I I ANNOUNCEMENT OF VACANCIES Parks and Recreation Commission - Two vacancies for four-year terms expiring January 1, 1984. These appointments will be made i i at the January 22, 1980, meeting of the City Council. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES Agenda .-•-.� Regular Council Meeting December 18, 1979 7:30 P.M. Page 4 Item No. 4f (cont'd) (7) Memorandum from the Traffic Engineer regarding stop sign alteration on Rohret Road. (8) Memorandum from the Traffic Engineer regarding stop sign on Petsel Place at Mormon Trek. (9) Merorandum from the Traffic Engineer regarding stop sign installation at Flatiron Avenue/Sycamore Street. Item NO. 5 - PUBLIC DISCUSSION. 197"1 l 1 11 Item No. 6 - PUBLIC HEARING FSR CHANGES IN THE IOk% CITY TRANSIT SYSTEM ROUTE STRUCTURE AND DESIGNATED BUS STOPS. Cc mlent: This public hearing will offer the public an opportunity to give Council their comments about charges in the route structure and the use of designated bus stops. iia . • � �� A' Item No. 7 - CITY COUNCIL AppOIMM MM. a. Consider appointments to fill three vacancies on the Human Rights Commission for three-year terms expiring January 1, 1983. Action: & I .... 0 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES !�e>,l �rc�Iwe(� cirsc� r4 as s�P r'.c� 4ss�ss.NoJJ �Y-V� e� Ge W ark �evr Fa✓ fin cmc _ �cJasfi j �'w�Q�`� w ��o� 6L (50 u,aae Cesfs Te 47le h w -f o c� o eY ecu r f Lo o s r a Ap_33S' Cw�c-' �v� L/GLN✓� �j�Cj 4 V ,� / � � _. IL�ZL�L. /G--4�C✓4L,4,/ <.�fLL.G.0-. Qzt t� U �1-ChVC4C '1Lr-lf .p��/�.L�H.�� %LG/�/�I� lM/ A— . L_ iL•C.IEL ..ltC-sLGCCL,+ CLLI.! a—/ ✓Jt"!i-CH_—%�.'-G✓�G_ iI2C�2c%Iti�-/�—�i� /y/ylLCIG � 4��/ lglz�7/ .i�!/i.LLCCiR. rJ-�nCc—,C—r-i�.GCLG �/�1.f,y�,f� - CCJ16PC6--4cl, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ��lJ' VLP✓C� �d'C!/L�2e%' � CiC1/LCJ-Cf ��GC� � �'�'�K.a-✓� G1��k'(/tlLil L(l-(i,U iiLc�.Dy �<-c:a-G�.--l:Gils.¢� fX 1 q V (/� LA///✓✓�'� lam! \ , C./ --LCL LY �!`�til?ltw-.�. C.�r�L`t r I ze r 'i MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES MOINES M: (iRQ ...o.+..m-�-•� LrCL- /v --C L/-rroc. �� 7NL rod � ,d��-Z��aL�( o%re:L�TIL-. .•—��c��-�.e /due-� . i I i _ � ��I �Zv�26a�' C'/YC,(J.Pi61.�1[✓J� CJ-�LcC 7�rLc<CL� �ro.,...f%��r {w GL`-SI.GL� /p_t,.�LCG hs�-LcL C!hc lxc yx- • l l�✓�'� I L-l-cr/ , LL�c-ccs �a`.�s�, �Lt.•�c . e -7c.67 cCEa-[Ai/fi—�!L' G[A-.!✓�� b� �'ZCCl�7iLiKl�. �P LLKclJLC� (LG✓1/L/�� (/ eC- -r�-e- tilL��/e, 14 L, �I I „�w,gcr✓fi �r-Iw,� �c.n_�Ct, n�rCn.. L�:.-�1•-c.N-�'�.r .C�e��. r-4 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HONES '/7-/ u VQ�. Ad- C) t.-/ U C•a-r.v`c�.C.ec vL�- k..o-cA..� rta W.Z„ U �i NT /-7 dLry�L-d- r ucc�Lc.L.ce, — /a/ezf -V, /L, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MDlrlEs -.. ��eQ� I '`^"" CQ"-w�l,o-�vti.- /I.e JcCv-i..-Q G• /L, V"'_ ` 'Q'tL•--//e77�C-w¢�-k'y—yr..^^,� �..w^-(�LL-[C//ep1v r `LOLL -i U O �Gl ✓�'�'+°�- �T' �i � �LLo-2tU - i lj Q� art, , ((( --' l/ � (i V � `�•(�L(hi✓C'LIJk � �G-4U-Lt.��. G��U7l in/il �•�'�'`�,LI gFA4.a Ge I, 000 Y V V ii�c_ Ovv-a cQ. ° ��ZGl1�iILl , Lc�.�� y�ycT��i✓-2 P.."`...f"L. l<t,r^-C�-�f � 4C,_,°�,, "SQ.L,,,�cQ.-..� �e �w 4�C�.,-,-. _n-�.e_<- w- u,-•,J<1� i - i aw IealQti Azi,�, f(•` 11 / �t�.C.�, CC•�Z'44 _,v�C �L- L- �,n/-�in..,✓w�J`��hz.44AY1� i wit Gvp- , ui S- C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101IIES m I G'f'v� _ [L.Lt/L--. /J 1M-,:Q-Qe.r--Ram -///77�PP/I�.eGM-�-r�</iJ p�n , /. �. — ..4+`-/ ' Uc L r ��'�L-•J ✓- %`iLlivl.�-C-./C(iA.-Le/�+- L/✓i �fG�C.v-+.--Z{ C.L�{a-(. IL�QL..`� /�J [r1�v - C�L/�Y�![- rC�,GIpM•.�� .C1eC!-�,.+v �Me . LGLT ..it/LQ'L/n'1G� �G .�G-LL-s41/ c� en�,�re..�-, � c�iwv-e,�� J' r-L•p"eve ? LIO- �J4yl.n20.�Lc.L.c. C/ ✓LPi sGCL "t�ri'IL/�G/ i/.!n l.Ir. Ct. �LZy.n�L �-- bti(/�•'`�1-�-P1W-1 c"e _..l'('. ,v-C.e u /l.l.�Q.vti .,C1. �01.,.� �j�✓ !�C. �i-�_r-� .i.� .Or-r.e_e.� e�¢J G�-C-le.�_ �[�..2.<-�„Cy�� - - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES -� N�� LVI h�L.L• ...LL�vI.(. � Y�Y�-PiY�-� �J .�/�LL,�IjJ I,wa c, J_tj e Q._,.t ./�cc0� - cG•(Le-r.,J -� /Lc-.CLh9� ' at � l.11p.(.t..(�(.\ ✓�4f/iiA-(.(i [[.1/�0.� lQ / I-- /r �C Ol"� `L1..`L4LC_ GY� ]� �A'VVLrvyrLYvA' V`�y�:l-E� 4,.._. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES -- 094 14�e O -P ge a,6- r-"_ l d Q 1 O -GrL�Ico�QtiC�.�`n' X04 VLAn. v1/ ✓LLCb4✓f_/V ttt"' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOINES 0 Agenda Regular Council Meetiny December 18, 1979 7:30 P.M. Page 5 Item No. 7 (cont'd b. considerrecommendation appoint Mr. Michael KKato attchee Board Of Sthe Senior Center Comnieeion for a three-year term expiring December 17 31, 1982. / C . �^ v o -v -•-eon. +� .,t o f ✓ r n e' /as• pJ. %tete. `['�•�t Action: (Zal l 4�d Item No. 8 - CITY COUNCIL INFtlFd4ATION. - /4a 1 0 r Item No. 9_ REPORT ON ITEMKW THE CITY MMWWR AND CITY ATPORNE7f. a. City Manager. Sic �� EeKF Ca�¢w�r Pel I\ ! JJ t.:i"� 3P`�t17 IRr141Se..�n�o1�. y J/'h,F+..'lS M1PI 1' �I-o �1o. sKove b.11 City Attorney- p— V Z t�2.�l. V �-l�� — � •L1.L y / C.,Q'..P,' Cly.----� le aw��,�-r Q�/� c r✓ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES Agenaa Regular Council Meetir. December 18, 1979 7:30 P.M. Page 6 Item No. 10 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY ti 73 CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL OONTRAC!r BETWEEN THE CITY OF IOWA CITY AND EARTH BAY CONSTRICTION, INC. (URBAN RENEWAL PARCEL NO. 82-1b, EOTWR MINIPARK NEXT TO THE ODIUM BIOCIC BUILDING). Comment: This resolution provides for the execution of an agreement amending the Contract for Sale of Land for Private Redevelopment entered into by the City and North Bay Construction, Inc., on Jame 25, 1979. This agreement will extend the scheduled time for conveyance of said land until June 25, 1980. A memorandum oonu erning this matter is attached to the agenda. Action: ItemNo. 11 - S 7Z Lament: Action: CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR 741E SOUTH GILBERT STREET IMPROK01 NT PRITELT (PARCEL NO. 3, CYCLE INDUSTRIES). This resolution will enable the City to acquire necessary right- of-way for the South Gilbert Street Improverent Project. Item No. 12 - CONSIDER RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST' COAR'RACr FOR THE CONSTRUCTION OF THE SOUTH GILBF•RT STREET a6 7$ IMPROVEMENT PROJECT UST-M-Y05l(1)-8U-52. Conrent: Metro Pavers, Inc. of Iowa City submitted a low bid of $1,256,982.35 for the South Gilbert Street Improvement Project on August 14, 1979. This bid is $227,553 below the engineer's estimate of $1,484,535. Staff recommends awarding the contract to Metro Pavers Inc. of Iowa City. Action: 0 u Veil -,k4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !NOIRES Agenda Regular Council Meeting December 18, 1979 7:30 P.M. Page 7 Item No. 13 - CONSIDER A RESOLUTION AUTWRIZING ME MAYOR TO EXECUTE XMMMBNr 3 TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTS(HHULL AND PFIFFNEER, A PARTNERSHIP, TO PROVIDE ARCHITECMM SERVICES FOR THE ADAPTIVE (� REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA. Comment: An wwrlment to the present contract between the City of Iowa City and Wehner, Nowysz, Pattschull and Pfiffner is necessary because the contractural scope of services and the projected cost of construction has risen from $1,000,000 to $1,200,000. This increase is largely due to two major factors: delay in construction resultant from our effort to coordinate this project with the Ecumenical Housing Project caused a decrease in the amount 1978 dollars can buy in 1980, and the contribution by the County toward a mezzanine necessitates additional funds to complete that portion. A small portion of the increased cost is also the result of the remodeling of the third floor. The total payment to the architect has increased from $90,000 to $108,000, to reflect the increased services performed by the architect. This resolution was deferred from the Council meeting of December 11, 1979. Action: Item No. 14 - CONSIDER RESOLUTION AUTEDRIZIIW2 THE CITY OF IOWA CITY, IOWA, TO .57-7 PURSUE A HOUSING FOWILITATION PROGRAM. Commnt: This Resolution authorizes the City to approve a Housing Reivabili- tation Program. Only Forgivable Loans will be authorized Cort Community Council utilizing Title i assistance under the Housing Development Act of 1974, as amended. The manual contains much of the same language found in previous manuals dealing with past Housing Rehabilitatioo �n Program. / Action: \ Is/+, I ea- Item No. 15 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREMU WITH KELLY SECURITY COMPANY WHEREBY KELLY SECURITY SHALL PR)VIDE SECURITY SERVICES FOR THE PARKING RAMP AT CLINTON AND BURLINGTON STREBTS. Comment: The City will be contracting with Kelly ityyfornightdetails.security guafor ds in the parking garage.attachedagreement Action: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F10RIEs Agenda ''"', r, Regular Council Meeting Decwber 18, 1979 7:30 P.M. Page 8 Item No. 16 - CONSIDER AN ORDINANCE DEDICATING CERTAIN QTY PROPERTY FOR PARK PURPOSES. (first oonsideration) Camlent: This ordinance dedicates WO tracts of land for park purposes as Part of Hickory Hill Park. This item was deferred from the Council meeting of Novetber 13, 1979. Action can now be taken. See attached marorand:an. Action: �F;Cfi.c"'4 Item No. 17 - AG7OWN4M. /J /I A // MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES REg u Lap- Coumci l MEET mg IP,.r iA /f 1979 Y:3o P. M. 'P.kase Sigm IN: ►. � � zz I� �Q' - 5969 D 169. L 4 8,Lee-<0 . IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES M CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D P R 0 C L A M A T 1 0 N WHEREAS, fifty American citizens are being held as hostages in the American embassy in Tehran by Iranian citizens, and WHEREAS, this action, supported by the Ayatollah Khomeini, is an outrageous violation of every concept of human rights and justice, and WHEREAS, President Carter has proclaimed Tuesday, December 18, 1979, as National Unity Day and has urged all Americans to fly our flag as a symbol of the nation's concerns for the fate of the hostages, and WHEREAS, our country's flag stands for our united determination to uphold the ideals of justice and human dignity, NOW, THEREFORE, I, Robert A. Veveaa, Ilayoa o6 .the City o6 Ioan City Iowa, do heaeby phocPa.im Tuesday, DeeembeA 18, 1979, as NATIONAL UNITY DAV in IoLoz City, and wcge a.tt citizens .to eompty with Paesident Cahte/L's aequea.t .to di.epfay .the Amen.i.can 6tag as a symbot o6 .this nation's unity .in owL concern boa .the hostages. `,SLC' u�� L-v - C-/-�-c�r✓ MAYOR Signed .in loua City, ioaa, .this 18th day o6 Decembea 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JEs RESOLUTION NO. 79-562 A RESOLUTION APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CAROL DEPROSSE AS A MEMBER OF THE CITY COUNCIL OF IOWA CITY WHEREAS, Carol deProsse has submitted her resignation as Councilperson for the City of Iowa City, and WHEREAS, Section 372.13(2) provides that a vacancy in an elective City office during a term of office shall be filled by the Council within thirty days after the vacancy occurs, and WHEREAS, Lawrence Lynch has been elected to the City Council effective January 1, 1980, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT Lawrence Lynch is hereby appointed to fill the unexpired term of Carol deProsse as a member of the City Council. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl _ x Neuhauser X Perret X Roberts X Vevera Passed and approved this 18th day ofDecember1979. MAYOR ATTEST: cLIL CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110RIES RECEIVED & Ai'I?w, H$ = LEGAL DEPAii'TfLiu a 300 MINUTES BOARD OF EXAMINERS OF PLUMBERS November 27, 1979 MLMBLR PRESENT: Ronald J. Burke Lt, Jamos Christensen, Paul Kent STAFF PRESENT: Ralph Taylor, Mike Kucharzak, Glenn Siders, Irene Shima OTHERS PRESENT: Fourteen people consisting of Master, Journeyman, and Apprentice Plumbers and other interested public. Meeting called to order at 7:00 p.m. by Chairman Taylor. Mr. Kucharzak indicated in opening comments that the staff had requested this meeting to discuss several concerns brought to the attention of the administra- tion. One concern deals with the practice of using the "Dawson Loop" in Iowa City. It has been alledged that the "Dawson Loop" although used occasionally by all the licensed contractors is not in the Uniform Plumbing Code and we have difficulty finding written evidence that it has been approved by any other municipality in the State of Iowa. He requested some guidance from the Board and from the trade industry regarding this practice whether or not it should be included in the Code as a Code Amendment or whether we should modify our practices of allowing this type of installation. Lengthy discussions followed regarding the first item on the agenda; 1. The "Dawson Loop". Should we allow it or not? The audience was asked for views regarding the need for a Code Amendment. Other questions were raised; "What is the "Dawson Loop"?" "What does it look like?" Ralph Taylor made several diagrams of the "Dawson Loop" vent on the blackboard and explained it to the Board and audience. Comments were made by local plumbers regarding the origination of the "Dawson Loop" and the good and bad conditions surrounding the use of this vent. More discussion regarding the installation of "Loop" vents in other cities such as Omaha, Des Moines, Davenport, and Cedar Rapids. The question was raised as to what procedure should be taken to make a decision to permit the use of the "Dawson Loop" vent or not to permit its, use. Mr. Kucharzak offered his help in this area by stating that if the Board moves to recommend to the City Council to amend the ordinance, the code itself would be amended to provide this type of venting system. If the Board moves to not allow this system, then an administrative directive would go out to the staff indicating that the code would be enforced as it is presently written on the books. Discussion followed with the request for a vote of the plumbers in attendance for continued use of the "Dawson Loop" vent. 10 votes - aye. 4 votes - nay. The Board tabled the matter until a future meeting. a 30a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES mDimes -2- For clarification, Mr. Kucharzak informed the Board that until such time then the Board does take some action, we are going to have to suspend approval of any installations of this type. Mr. Kucharzak encouraged the Board and trade industry to bring this issue up again as soon as possible. Item #2: The Licensing Application and renewal procedures; Kucharzak ex- plained that criticism has been leveled against the staff and the Board in that we have not properly reviewed license applications regarding the length of apprenticeship or experience as a journeyman prior to receiving either journey- man or master's license as appropriate and the staff would certainly like discussion with the Board and the industry re: the role of the staff and the role of the Board in the licensing procedures. He also stated that we as staff appreciate the new application forms we are now using and we have simply been obtaining information from those forms and submitting them to the Board for review; we have not been doing any of the verifications. Apparently, the basis of the allegation is that there has been fraudulent material pre- sented to the Board at the time of licensing. Mr. Kucharzak indicated that he had not been able to find anybody that did receive a license based on erroneous information, nor did he find any incorrect facts given to the Board, in his limited research period. He also requested the opportunity to discuss this at this public forum for recommendations from the industry or from the Board as to how we should change our applications for licensing process. Suggestions were made for revisions regarding the length of apprenticeship along with the requirements of a letter of confirmation from the previous employer. Summary remarks - Staff understands that the Board will get together sometime in the future on the "Dawson Loop" for further guidance. Staff would also appreciate further discussion with trades people on code enforcement policies; we are doing the same thing with the electrical trade and we are finding this very helpful to give guidance not only to the staff but to the City Council. Kucharzak indicated that he would request consideration of several items in future meetings. The items are: 1. He would like some guidance from the Board and Industry on licensing fees and permit fees for 1980; 2. Area of pressure relief valves on water heaters in residential installations; code requirements and field practice. Kucharzak welcomed any other items for discussion that could he put on future agendas. None was submitted. Meeting adjourned by the Chairman. Respectfully submitted, Ralph J� Taylor, ecretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES '10111ES LA MINUTES COt•LMi'PrEI? ON COMMUNITY NEEDS DECEMBER 5, 1979 -- 12:00 NOON RECREATION CENTER -- MEETING ROOM B MEMBERS PRESENT: Swisher, Amidon, Hall, Pecina, Bonney, Barker, Clark, McCormick, VanderZec MEMBERS ABSI'.NT: Barfuss, Johnson, Ilaldeman, Horton Glll!S'I:S PRESENT: Ann Gorman (Citizens for Lighting and Safer Streets) STAFF PRESENT: Milkman, Wilkinson, Knight, Flaherty, Schmeiser, Keller RECOMMENDATIONS TO CITY COUNCIL: 1. That the City Council take into consideration all the aspects of the request from the Citizens for Lighting and Safer Streets for improved lighting in the area defined by the boundaries of Brown/Burlington and Clinton/Dodge. SUMMARY OF DISCUSSION: Chairperson Swisher called the meeting to order and called for consideration of the minutes of the October 31, 1979, meeting. Barker moved, and Ilall seconded, that the minutes be approved as circulated. Motion carried unanimously. Citizens for lighting and Safer Streets: Anne Gorman, representing the Citizens for Lighting and Safer Streets, explained that this group is interested in improving the lighting on streets where instances of assault and harassment are prevalent. A test area has been established using Brown/Burlington and Clinton/Dodge as the boundary. In answer to questions by Committee members regarding the installation and billing of these proposed lights, she explained that Iowa -Illinois Gas and Electric Company would be responsible for installing the lights while the City of Iowa City would be responsible for the bills. Estimates for yearly billings ranged from $5800 to $8400 per 100 lights. She further explained that the group is in the process of assembling a petition that will be presented to the City Council in the future. McCormick expressed concern that the petition not be overloaded by students while forgetting about the permanent residents in the area. Ms. Gorman also indicated that the City Council will be making a walking tour of the test area some time in the future. McCormick moved, and Hall seconded, that the City Council take into consideration all the aspects of the request from the Citizens for Lighting and Safer Streets for improved lighting in the area defined by the boundaries of Brown/Burlington and Clinton/Dodge. Motion carried unanimously. Committee Business: Committee members were asked to consider the following items for action at the January meeting: (a) election of officers, (b) goals and objectives, (c) bylaws, and (d) vacancies on the Committee. ,230.3 FIICROFILMED By JORM MICROLAB CEDAR RAPIDS•DES H INES Committee on Community Needs December 5, 1979 Page 2 Update on Neighborhood Site Improvements: Pat Keller, Planner/Program Analyst, presented an update on the tree planting project which was funded under the Neighborhood Site Improvements Program. He explained that a total of $21,000 had been allocated for the project and that 361 trees had been planted. The total amount spent on this project was $18,500. He also explained that if any tree had not been planted within a week, it was picked up and given to someone on a waiting list for a tree. The Camp Fire Girls provided assistance to those elderly and handicapped who requested help in getting their tree planted. Bruce Knight, Planner/Program Analyst, presented an update on the Northside, Hickory Hill, and highland Neighborhoods. He indicated that meetings had been held with the residents of the Northside and hickory Hill areas and that the residents had decided to proceed with the sidewalk repair program as outlined by the staff. He further explained that the curb and gutter project planned for the highland area has proven to be much more expensive than the budget allocated because complete sidewalk re- placement would also be required. The staff recommends that this project be dropped and replaced with something else. It was the consensus of the Committee that a neighborhood meeting be held in order to get the residents' ideas for another project. shelters to help keep the cold air from blowing through. Marker asked if anything could be done to put a skirt around the bottom of the bus shelters that are now on order have been ordered with skirts Keller indicate) that the and that it would M probably be possible to add skirts to the existing shelters. Barker indicated that this project. RP escrow funds for bus shelters could in all probability be used to help with Monitoring of CDBG Comprehensive Planning Elements: Don Schmeiser, Senior Planner, was present to update the Committee on several elements of the Comprehensive Plan. tie indicated that the new zoning ordinance is being reviewed by the Planning and Zoning Commission and that the new zoning map will be the final item reviewed by Planning and Zoning. The City Council would like to adopt the new zoning ordinance sometime next spring. The Planning and Zoning Commission will be holding a public hearing sometime in March and will then forward their recommendation to the City Council. Regarding the Foster Road Study, Mr. Schmeiser indicated that the draft of the study hos been completed and has been sent to the Planning and Zoning Commission and to staff for comment find review. Ile further indicated that in all probability Foster Road will not be developed as a continuous network. Ile also explained that in order to amend the Comprehensive flan the Planning and Zoning Commission and the City Council must both hold public hearings. A public hearing has been scheduled for the Planning and Zoning Commission meeting on December 20, after which a recommendation will he sent to the City Council. Area studies will be conducted by staff in an attempt to identify certain developed areas and undeveloped areas for detailed study. Two of the areas suggested are the Northside area and an expanded area to the east which includes the Small Cities area (near Southside area). In looking at the Southside area, particular interest MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Committee on Community Needs December 5, 1979 Page 3 will be placed on two items, (a) the land consumptive use designation and (b) retail uses for the area. Regarding the Northside, he indicated that staff will be looking at the study prepared jointly by the University of Iowa and the City of Iowa City under the Innovative Grant Program. In reviewing the study, staff will be evaluating the data provided and looking at what can be done to help alleviate the problems identified. Regarding the Subdivision Ordinance, Mr. Schmeiser indicated that a rough draft of this ordinance is complete and will be reviewed and completed in final form immediately after the new zoning ordinance is completed. This ordinance will include design standards for new developemnt. The annexation study is being reviewed and studied by a joint city/county fringe committee with regard to areas outside the city limits that will be developed in the future. An outline for this study has been drafted. Marianne Milkman, Planner/Program Analyst, updated the Bikeways Plan progress. She explained that a draft has been completed and that a public hearing is planned for February by the Planning and Zoning Commission. She further explained that this plan will include elements to assist in (1) education, (2) implementation, (3) maintenance and (4) enforcement of regulations. There being no further business, the meeting was adjourned. Prepared hycAAlru:17(i/CG [l e:r� Sandra S. Wilkinson, PPD Secretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 11011JES h MINUTES IOWA CITY PLANNING $ ZONING COMMISSION INFORMAL MEETING NOVEMBER 13, 1979 -- 7:30 P.M. LAW LIBRARY MEMBERS PRESENT: Lundquist, Vetter, Jakobsen, Blum, Lehman MEMBERS ABSENT: Kammermeyer, Ogesen STAFF PRESENT: Boothroy, Schmeiser Review of the draft Bikeways Report and Plan. Discussion; no action taken. Review of the proposed new zoning ordinance. The Commission reviewed sections of the proposed new zoning ordinance. Changes discussed are on file in the Department of Planning and Program Development with Don Schmeiser. There being no further business, the meeting was adjourned. Prepared MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES 0230el 8 MINUTES IOWA CITY PLANNING $ ZONING COMMISSION INFORMAL MEETING DECEMBER 3, 1979 -- 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Lundquist, Blum, Ogesen, Jakobsen, Vetter MEMBERS ABSENT: Kammermeyer, Lehman STAFF PRESENT: Boothroy, Schmeiser, Ryan, Milkman, Laverty SUMMARY OF DISCUSSION: Public discussion of any item not included on the agenda. Blum indicated he had received a letter from the City Council requesting the Commission develop criteria for determining public housing sites. lie requested the staff to place the letter on the Commission's formal agenda for Thursday for discussion. Public discussion of an ordinance amending Sections 8.10.3A.8, .47 and 8.10.8.1E, and adding Sections 8.10.3A.64C and 8.10.8.4 to Appendix A of the Code of Ordinances of Iowa City, Iowa, providing a definition for Rooming House and regulating its permitted use. A memo regarding the subject ordinance from Mike Kucharzak, Director of Housing and Inspection Services, was discussed. Further discussion; no action taken. 5-7926. Public discussion of a final Planned Area Development Plan of Arborhill, Phase II, located on Washington Street, cast of Green Mountain Drive; 45 -Jay limitation period: 12/20/79. Mr. Bruce Glasgow, the applicant, indicated that a preliminary and final LSRD plan and final PAD plan had already been approved by the City for the entire tract, in- cluding the subject property. Boothroy stated that he had found no evidence to support Mr. Glasgow's contention, but would certainly work with Mr. Glasgow to resolve j the matter. No action taken. I Bikeway Report and Plan discussion. Marianne Milkman gave a short presentation of the Bikeway Report. The Commission decided that a public hearing on the report should be set in January when the University resumes classes so as to permit as much opportunity for public input. Further discussion; no action taken. Foster Road Report. Kevin Laverty gave a presentation of the Foster Road Report taken. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Discussion; no action c2 3011 if Planning and Zoning Commission December 3, 1979 Page 2 i LSRD Pentacrest Garden Apartments. Blum requested that this item be placed on the Commission's agenda for discussion on Thursday. No action taken. FORMAL 61EETING DECEMBER 3, 1979 Consider holding a public hearing on Thursday, December 20, 1979, at 7:30 p.m., on the following amendments to the Comprehensive Plan: 1. An amendment to the Comprehensive Plan Map deleting Foster Road in part or in its entirety, and/or changing Foster Road's location and functional classification. 2. An amendment to the Comprehensive Plan (Trafficways Plan) modifying Trafficway Design Standards. The Commission voted to set a public hearing on December 20, 1979, by a 5-0 vote. There being no further business, the meeting was adjourned. Prepared by: \ \: - ..� ` ��•t,Ca j Douglas Boothroy, P1 nner rogra Analyst MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIDES NJ I NU'IT S IOWA CI'T'Y PLANNING f, ZONING COMMISSION I1f:CIihIISIEI( L, 1979 -- 7.30 P,h,. CIVIC (:ENI'EI1 COUNCIL CIIAMBI:RS MEMBERS PRESENT: Lundquist, Vetter, ,Jakobsen, Blum, Ogesen MEMBERS ABSENT: Kammermeyer, Lehman STAFF PRESENT: Boothroy, Wilkinson, Cook, Milkman RECOMMENDATIONS 'f0 THE CI'T'Y COUNCIL: None None 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 October 29, November 8 (special meeting), and November 15, 1979, There being no corrections or additions, the minutes were approved as circulated. 5-7926• Public discussion of a final Planned Area Development Plan of Arhorhill, Phase 11, located on Washington Street, cast of Green Mountain Drive; 45 -day limitation Period: 12/20/79 Boothroy Presented an overlay of the area and explained that the request is for approval of a final Planned Arca Development Plan. proposeedd to intersect wIle further explained that the d in 1971 and that there was only one minor change preliminary PAD had been approve shown the final plan. This change shows eliminating one of the private drives ith Washington Street. He further explained that past records show that a preliminary and final Large Scale Residential Development Plan has been submitted and approved only for Arhorhill, Part I. Staff recommendation remains as stated in the Staff Report (that action be deferred). Bruce Glasgow, developer, stated that he had no objection to this item being deferred he does until theot December 20 meeting, Ile also indicated that he felt the records showed that however, nthatcheawoluldelikepPlanninproval of g andZonin efinal PAD submitted. because ofNtilelslightindicate, chan e. g g approval PP roval Jakobsen moved, and Vetter seconded, that action on the final Planned Area Development Plan of Arhorhill, Phase II, located on Washington Street, ountain cast of Green M Drive, he deferred until the next regular meeting. Motioncarried unanimously, ,Z3oy MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t1011IES Planning and Zoning Cununission December o, 1979 Page 2 Public discussion of the liikeway Report and Plan. David Christ was present representing (1) his interest as part owner of a bicycle shop, (2) Bicyclists of Iowa City (BIC), and (3) his personal interest, lie expressed concern regarding bicycles as related to (1) bridges, particularly on Burlington and Iowa Avenue, (2) the cast/west problems of getting through the downtown area, and (3) the sidewalk problems on Park Road. Marianne Milkman, Planner/Program Analyst, presented a letter to the Commission from Tamara Schoenbaum in which Ms. Schoenbaum expressed her concerns regarding this topic. (letter attached) LSRD Pentacrest Garden Apartments. Blum expressed concern regarding the non-compliance of the Pentacrest Garden Apart- ments with the originally approved LSRD plan. His main concern centers around the fact that the driveway onto Court Street has remained open with parking spaces immediately opposite, allowing the residents to back directly onto Court Street. The Commissioners discussed possible alternatives for contacting the developer re- garding this matter. Jakobsen indicated that a letter had been sent to the developer but that he had failed to reply or submit an amended LSRD plan. Alternatives discussed included (1) individual contact with the developer, possibly by telephone, (2) communication with the City Manager and/or City Attorney, and (3) request for staff assistance in resolving the matter. After much discussion, the consensus of the Commissioners was that Mr. Blum would contact Mr. Clark and discuss the matter in ;in attempt to resolve the problems. Letter from City Council regarding public housing site. Blum indicated that he had drafted a letter in response to the letter received from the City Council. After some discussion regarding this item, it was decided to request time at the informal Council meeting on December 17 at which time several Commissioners would be present to discuss this matter with the City Council. Bruce Glasgow, developer, indicated that he thought it might be appropriate for someone to suggest to the Council that an attempt be made to purchase single family homes in Iowa City for this purpose. lie referred to Sioux City and their purchase of homes for this purpose. There heing no further business, the meeting was adjourned. i Prepared by � L (�["'C. �_ G(ic G�L r.,r c Sandra S. Wilkinson, PPD Secretary Approved by / I /, Jan Jakobs , Pf,Z Vice Chairperson MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIn ES 617 Holt h.enue Iowa City, Iowa 5224o 4 December 1979 Marianne Milkman City of Iowa City Re: Bikeways Dear Mrs. Milkman, Thank you for your memorandum. Since I cannot come to the meeting on December 6, I write to you to express our hopes and concerns. 1) We would like to see all main city roads offer better protection for bicyclists, e.g. Dubuque, Muscatine, Kirk- wood, Lower Muscatine etc. Although automobile drivers have learned in recent years to show more consideration, these streets are still harrowing stretches for people on two wheels. 2) Everything possible should be done to facilitate the use of bicycles for school children. If the streets leading to the schools are of low priority and lanes cannot be in- stalled, the curbs should be leveled - as for the handi- capped - to allow children to ride on sidewalks. In the case of junior and senior high school students, it seems particularly desirable to make their bike routes safer, since the distances are considerably greater and it is in vveryone'e interest to reduce teenage driving. (The Coral- ville strip,as an accessory route to Northwest Junior High School and West High School, is a particularly serious problem.) 3) In Europe, where roads are often narrow and traffic is heavy, many school children are killed in accidents invols- Ying bicycles. We should not promote bicycle transportation for children without continuous, practical, and comprehen- sive instruction in the safe use of bicycles. 4) Finally, a case where cars passively endanger bicyclists: We have had difficulty with the fact that on the two one-way streets which have bike -lanes, Jefferson and Market, vehicles are often parked in the bike -lanes, forcing cyclists dangerously far out into automobile traffic. This long list of desiderata should not, however, obscure our appreciation for the many improvements to promote the use of bicycles which the City has undertaken in recent years. Sincerely, Tamara Schoenbaum MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs MDLMES MINUTES RESOURCES CONSERVATION COMMISSION DECEMBER 11, 1979 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Gormezano, Hotka, Shepherd, Singer. MEMBERS ABSENT: Bolnick, Denniger. STAFF PRESENT: Tinklenberg. RECOMMENDATIONS TO THE CITY COUNCIL None. REQUESTS TO THE CITY MANAGER None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN Hotka called the meeting to order at 5:00 p.m. Singer moved, Gormezano seconded, to approve the minutes of the November 29, 1979 meeting as read. Approved unanimously. Solar Grants Project Tinklenberg reported on the status of the project. The only thing remaining, is to sit down with the four applicants and determine what will be done on their homes, prior to the solicitation of bids and proposals. Budget Review Singer moved, Shepherd seconded, that the RCC approve the budget as presented. Approved unanimously. Transportation Issues Tinklenberg distributed the City Manager's December 7, 1979 memo to the City Council re: Iowa City Transit System to the RCC members. After a short discussion the RCC deferred this item until the next meeting. Goals and Objectives Natural Resources: The RCC listed the following items under natural resources: o2,305— MICROFILMED 23oS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Minutes Resources Conservation Commission Page 2 - solid waste - sewage treatment plant - physical resources Community Design: The RCC listed the following items under community design: - zoning - subdivision ordinance Singer left at 6:00 p.m. I The Commissioners decided to meet next on January 17 at 4:30 p.m. j Agenda: li - Solar Project update - Transportation - Natural Resources - Community Design i Chairperson Hotka adjourned the meeting at 6:10 p.m. Respectfully submitted, Roger Tinklenberg. James Shepherd, Secretary. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES MINUTES IOWA CITY HUMAN RIGHTS COMMISSION November 28, 1979 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Costantino, Kuhn, Marcus, McCartt, Munzenmaier, Yates. MEMBERS ABSENT: Braverman, McGuire, Reyes. STAFF PRESENT: Brown, Mejia, Ryan, Zukrowski. VISITORS: Karen Kalergis, KXIC; James Gogek, Daily Iowan. RECOMMENDATIONS TO THE CITY COUNCIL: None. RECOMMENDATIONS TO THE CITY MANAGER AND STAFF: Commissioners request Pat Brown to send letters to the following: (1) City Council regarding selection of new commissioners; (2) Human Rights Committee at the University; (3) citizens regarding the Sunrise Breakfast. SUMMARY OF RELEVANT DISCUSSION: I. The November 28, 1979 meeting was called to order at 7:15 pm by Agnes Kuhn. 2. The minutes of October 22, 1979 were approved as submitted. 3. In House Training: Conciliation Process. It was suggested that this discussion might be more useful in January when the new Commissioners could participate. Some comments made were that the phraseology not be too specific, you must assess the dynamics of the situation. It was suggested that more training is necessary at the time of the actual case; possibly model cases could be presented and discussion of the process held at that time. It was mentioned that generally the meetings should be held at the civic center for the purpose of neutrality although prior experience and cooperation of the respondant should be taken into consideration. The chair should do most of the speakin� and there should never be disagreement (at the conciliation meeting amongst the commissioners. Objections to the conciliation agreement should be noted but not specifically agreed upon at this time. 4. Commission's Annual Report. Thanks to Sophie the report was very complete and thorough. Some suggestions made for the next report were the addition of a statement by the chair as to the significant accomplishments and cases. It was also mentioned that the settlement specified should be put in the report as a learning device. 5. "Affirmative Action Compliance Analyst" job description. It was noted that in the requirements for the position, education v. experience do not exclude each other. Eight years experience was chosen using the formula of two years experience substitutes for one year of education. The possibility of adding " or related areas" to public or business administration degree was discussed. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Iowa City Human Rigrrts Commission Minutes November 28, 1979 Page 2 6. Letter to community organizations and individuals. Carla and Angelita drafted a letter which is now ready to be mailed. Marcus felt that the letter might be ill timed with other concerns on the citizen's minds. It was suggested to add to the letter an invitation to a Sunrise Break- fast. The purpose of the breakfast is to elicit a response from concerned people/organizations and show a solidarity of comnittment to human rights among the community. The Commissioners requested Pat Brown to rewrite the letter to be appropriate at this time and to include an invitation to the Breakfast. The date for the Sunrise Breakfast is Friday, December 7 at 7:30 a.m. 7. Cohabitation memo. Two points were made in regard to this: marital status is protected by the law and the no -spouse rule has been upheld as a business necessity. Secondly, it is generally accepted that if it looks like a marriage you can treat it as a marriage for the same policy reasons, i.e. scheduling vacations, potential discord on the job. Selection of New Commissioners. At last check there were only three applicants for three positions. Recruiting by commissioners appears to be necessary. Due to the time schedule for selection of new Commissioners by the City Council it was suggested that Pat Brown send a letter to the City Council expressing the Commissions' desire to be involved and requesting a postponement of Council action. This involvement is meant to be an aid to the Council and not an attempt to usurp their authority. A letter being circulated at the University of Iowa by one of the staff members regarding affirmative action was passed around. Costantino moved that the Commission send a letter to the person saying that this kind of communication is not to be treated lightly. Affirmative Action is not a joke and should be taken seriously. Pat Brown suggested that a letter from our Commission to the University Human Rights Committee might be more effective. Munzenmaier seconded and the motion carried unanimously. 10. Notification of Public Meetings. There is an internal policy that for a meeting to be held, Lorraine Saeger must have a copy of the agenda by noon two days in advance of the meeting. It was also stated that only items on the agenda could be discussed. Commissioners were reminded to call Sophie to put items on the agenda. Munzenmaier request- ed clarification of what is a "government body" in regard to the open meetings law. How are committees and conciliation teams classified? Sophie has sent a memo to legal regarding these two items and is await- ing their response. This will be put on the agenda for next month. 11. Committee Report on Ordinance Revision was deferred to next meeting. 12. Compliance Monitoring Guide. This was distributed and Munzenmaier noted that most of the provisions are geared to employment because most cases are in this area. He requested input on the report by Commissioners. MICROFILMED BY JORM MICROLAB CEmAR RAPIDS.DES '10111ES Iowa City Human Rights Commission Minutes November 28, 1979 Page 3 13. Open House. Specific areas to concentrate on were listed and additions requested from Commissioners. These areas are: a. Small business employment discrimination b. Sex role stereotyping c. Impact of economics on discrimination (possible keynote speaker) d. Development of new civil rights law e. Housing discrimination f. Universal implications of provincial music g. Jazz workshop (not lecture) h. Sociological and cultural adjustment for new Iowa Indochinese, Indians, Chicanos, migrant workers, Blacks, Spani,sh speaking people. i. Interracial family unit. J. Law enforcement effect on minorities k. Incorporate into the event a public hearing by the Commission where the people voice their impressions and concerns to the Commission. 14. Education Subcommittee report was deferred to next meeting. 15. Affirmative Action. Letter of introduction was sent. Mace is to send letter regarding why Carla Marcus, as the Commission representa- tive, was not notified of the last meeting. 16. Staff Report distributed. It was mentioned that The Iowa Civil Rights Act of 1965 which was distributed has additional amendments. Commissioners were reminded to supplement their reports with current amendments. 17. Complaints a. E/R, 10-11-7911. In investigation, waiting for response to questionnaire. b. E/RBS, 9-25-7910. In investigation, waiting for response to questionnaire. c. E/R, 9-18-7909. In investigation, waiting for response to questionnaire. d. E/Re, 9-13-7908. Respondants attorney claimed rights under the first amendment. This appears to be the case and administrative closure is sought. Costantino moved and Yates seconded for administrative closure. All voted aye. e. H/D, 7-23-7902. No cause finding. f. E/R, 7-10-7907. Awaiting response from respondant. g. E/R, 7-10-7906. Awaiting response from respondant. M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Iowa City Human Rights Commission Minutes November 28, 1979 Page 4 h. E/S, 3-27-7903. Resolution reached; complaining party will request closure after terms of agreement have been met (proba- bly mid-December). Commission was not involved in settlement. i. E/R, 2-15-7902. Team to review. j. E/S, 5-2-7905. Representative of Commission is party to the agreement. This goes to legal and then to the Commission for final approval. k. E/R, 12-22-7810. Conciliation agreement drafted. Meeting to be scheduled. i 1. E/A, 11-28-7912. Discharge in employment on basis of age. 18. Morris et. al. v. Ambrose-Lovetinsky d/b/a Woodfields. Sophie and Roger Scholten will be going to the Liquor Board appeal meeting in Des Moines on November 29, 1979. 19. Next Commission meeting scheduled for December 17, 1979, 7:00 pm. Munzenmaier moved and McCartt seconded that the meeting be adjourned. Passed unanimously and adjourned at'10:00 pm. i i I j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MINUTES IOWA CITY HUMAN RIGHTS COMMISSION JULY 26, 1979 7:30 pm COUNCIL CHAMBERS MEMBERS PRESENT: Braverman, Costantino, Kuhn, Marcus, McCartt, McGuire, Munzenmaier, Reyes, Yates. MEMBERS ABSENT: None. STAFF PRESENT: Scholten, Assistant City Attorney; Allen, Zukrowski. RESPONDENT: Harry Ambrose represented by J. Patrick White, Attorney at Law. VISITORS: Visitors in the audience were not asked to sign in. Members of the press as well as interested observers were present. RECOMMENDATIONS TO THE CITY COUNCIL: The Commission accepted the public hearing officers' report, as amended, and directed the staff to certify the report to the City Council. RECOMMENDATIONS TO THE CITY MANAGER AND STAFF: Staff was responsible for making the accepted modifications in the public hearing officers' report. Final copies of the report were to be available on July 27, 1979 by noon for signing by each Human Rights Commission member prior to submitting the report to the City Clerk. SUMMARY OF RELEVANT DISCUSSION: The meeting was called to order at 7:30 pm by Braverman. The public hearing panel's report was submitted to the Commission. A copy was made available to Patrick White. Several copies were distributed to members of the audience. Both attorneys requested of the Commission to be able to address various points of the report. Yates requested to know the purpose and nature of comments; and the length of comments. White indicated he wanted to address the various points of law in the report but not to reiterate points already made. His comments would address issues and points raised by the public hearing panel's report. The purpose of White's comments would address errors of law and other errors in the report. White felt it was his obligation to focus attention on those items he felt were in error. Scholten indicated he felt it would be beneficial for the Commission to hear White's input. McGuire felt such comments would be educational for the Commission. If such comments were prolonging the special session, McGuire felt appropriate action could be taken. Yates suggested a time limit for comments. Scholten suggested comments be made on a point by point basis. White would address those points of interest and concern as they were reached by the Commission. Marcus moved, and Costantino seconded, to allow both attorneys to make comments on the report. All Commissioners voted "aye" except for Yates who voted "naye." The motion carried. a 30(V FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOImES Iowa City Human Rights July 26, 1979 Page 2 Reyes moved, and Yates for attorneys' comment. item separately. After was defeated. ..mission Minutes seconded, that there be a five minute time limit per item Costantino preferred to be flexible and to address each discussion, all Commissioners voted "naye." The motion Braverman and McGuire then read the report to members of the Commission and to the public. The Chair opened discussion to Commission members. Scholten, after discussion began, requested that Conciliation Team members sit with the audience to avoid any possibility of Conciliation Team members privately discussing the report with other Commission members. Conciliation Team members left the panel and sat in the audience. Following are the changes that were made in the hearing panel's report and the discussion of the report. (For purposes of clarity and ease of reporting, all items addressed are aggregated by the page on which the item appeared in the public hearing panel's report. Consequently, all references are to the report submitted by the panel to the Commission.) PAGE FIVE: On Page 5 of the report, Marcus requested that the word "random" in point N4 be restricted or deleted since "random" indicates a nondiscriminatory practice. McGuire said her understanding was that the Commission could amend the Recommendations but not the Findings of Fact. Yates indicated that discussion could occur but that substantial changes, especially in the Findings of Fact, could not occur. Scholten was requested to clarify what changes the Commission, excluding the Conciliation Team, could make in the Report. Scholten said the Commission could accept, modify, or reject the report in whole or in part. Yates preferred to discuss the Findings of Fact but not to make substantive changes. Discussion would be for the purpose of clarifying the report. No action was taken on Marcus' input. The Chair called for questions on pages one through four up to the Rulings on Objections and Motions. There were no comments from Commissioners. PAGE TWO: White requested a change in wording in point N4. White requested the punctuation be clarified to show reference to one exhibit. A clarification was made by the Commission. PAGE FOUR: In reference to point H1, White requested the Commission to re-examine including Nelson as an aggrieved party. White indicated there was no evidence in the record that Nelson as a person was discriminated against. The record was not sufficient to show discrimination. Scholten indicated that while her complaint was the only factor in the record, there was no evidence either that she was not denied as well. Scholten said there is a question as to her entitlement to receive a remedy, but this is the Commission's decision to hear and act on her complaint. White said there was no chanceto cross-examine Nelson although the Respondent is entitled to this under the non-discrimination ordinance. Braverman indicated the public hear- ing officers reached a consensus to include Nelson since her complaint was valid. Braverman requested Commissioners to vote on whether Nelson as a complainant be included. McGuire abstained from voting; except for the conciliation team, all other Commissioners voted "aye." Nelson's complaint was included. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ,_. Iowa City Human July 26, 1979 Page 3 PAGE FIVE: Rights ._,mission Minutes Costantino, in agreement with Marcus, requested that the word "random" be deleted in point #4. After discussion, all Commission members, except for the conciliation team, and Yates who voted "naye," voted "aye" to remove the word "random." White reiterated his objection to point #5 and indicated that there was an error made in this ruling. Costantino also questioned the use of the word "free" in point #7. Commission members, except for the conciliation team, voted "aye" to change "free" to "equal." White objected to the clause "was the final and most obvious attempt to exclude Blacks" in point #7 since it refers to previous actions or events that are wholly outside the scope of the complaints because the hearing dealt only with the events of June 23. The finding was improper. However, Reyes indicated that public testi- mony on those other policies was raised, addressed and subsequently appropriate. Scholten indicated that these allegations are relevant since they act as proof of intent. Costantino felt this item important to showing "knowingly and recklessly." No one favored any other change in point 97 except to change "free" to "equal." Marcus requested a clarification of the meaning of point #8. Marcus questioned how this statement was a finding of fact. White requested the time involved be specified since he believed this critical to later conclusions and recommendations. Scholten did not address White's request. Yates indicated the time of 11:00 pm could be stipulated. Braverman favored not mentioning a time but Yates felt a time could be established. McGuire felt including a time strengthened the report. Costantino did not feel including a time was necessary since all facts cannot be included in a report. Except for Costantino and Braverman who voted "naye" to include the time, the other voting members of the Commission voted "aye." All voting Commissioners subsequently voted "aye" to include "at or about 11:00 pm." In reference to point #8, Scholten indicated that Tadlock should be excluded since he was not in the premises and did not have conversations with Ambrose. Tadlock was deleted. PAGE SIX: White, in reference to points #11, #12, and #13 indicated that the Respondents did not have notice that these items (no hats, music, and termination of a former employee) were alleged as discrimination. There were insufficient facts to support those find- ings of fact. However, the Commission agreed to sustain these three items in the report. In addition, White suggested that point #14 should also include the time. Scholten indicated it would be difficult for the Commission to identify the specific time and did not feel it was necessary. McGuire expressed that points #14 and #15 become clarified when a time is included in point #8. Braverman indicated the time will be included in point #8 on page five instead. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES riOnlES Iowa City ,Human Rights Commission Minutes July 26, 1979 Page 4 White questioned the reference to Ambrose in point 016 as a respondent. This needed clarification. Although Ambrose was named in the complaints filed, all other proceedings identified the "respondent" as Ambrose-Lovetinsky, Inc., d/b/a Woodfields. The public hearing had not considered Ambrose individually as a respondent. McGuire felt he was a respondent but may not be the only respondent. White felt there was a difference between Ambrose as an individual and an officer (of the corporation). White preferred not referring to Ambrose as a respondent. Scholten indicated that the notice of public hearing included Respondents (plural form) and was addressed to Harry Ambrose, Danny Lovetinsky and Ambrose-Lovetinsky, Inc, d/b/a Woodfields. Scholten also raised the point that there was no evidence regarding Lovetinsky's involvement as a personal respondent. There should be a finding of fact to that effect. Marcus questioned whether then the "Respondent" on page one of the report should be changed. A change in point 016 was approved to show Harry Ambrose's relationship to Woodfields as president of the corporation and manager. PAGE EIGHT: All voting Commissioners voted "aye" to clarify reference to "Respondent" in point 02. White objected to Ambrose being included; and that the findings of knowingly and recklessly were not supported. White felt this was a significant error. White indicated Ambrose did not commit the discriminatory act of a carding policy. This was not supported by findings of fact. Scholten indicated the intent of the language of the finding was sufficient to find a violation of Section 18-33(a). After some discussion by Commission members, point 02 on page eight, with the one aforementioned change, was upheld. White indicated the corporation was a person as was Ambrose; the question is who violated Section 18-33? White said that the Commission can not blur a distinction between a corporate entity and its officers. In point 02, Marcus moved to delete Ambrose as a respondent. This died for lack of a second. PAGE NINE: McGuire moved, and Reyes seconded, to clarify "Respondent." All voting Commissioners voted aye:/ Referring to the last paragraph prior to was not given considering the language it that the issue of an authorized practice White said notice was not properly given. was given pursuant to Section 18-43. the Orders, White indicated proper notice 18-43. Respondents did not have notice would be considered by the Commission. Scholten felt that sufficient notice White indicated a reference that no discriminatory act occurred by Lovetinsky be added as a conclusion of law. Scholten did not object. Marcus moved, McGuire seconded, to include the following: "the complainants failed to prove the Respondent, Daniel Lovetinsky, committed an unfair or discriminatory practice as prohibited by the Iowa City Human Rights Ordinance." Reyes, McGuire, Marcus, and Yates voted "aye" while Costantino and Braverman voted "naye". This was included as a fourth conclusion of law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MolnEs Iowa City Human Rights Commission Minutes July 26, 1979 Page 5 McGuire questioned which discriminatory practice was referred to in point N1. Costantino suggested to Include in point N2 that other entrance and service Policies be nondiscriminatory. The intent was to include other policies so that they are not arbitrary and everyone has equal access to the establishment and its services. After substantial discussion of the appropriateness of the language and possible modifications, the Commission decided to retain N2 without any modification. The word "each" was to be included in point N4. White addressed damages for three complainants. White felt time spent in attending the public hearing was an inappro- grievanceriate factor thisconsidering notthe appropriate.damages. White stressedspent Nelson shouldsnot get damages because the record does not show the extent of her damage; Messrs. Martin and Penny should not be awarded damages since, although they have the right to file complaints, damages go to person who have been damaged. Filing a complaint and pursuing a complaint does not entitle a person to damages unless the individual is actually damaged. Scholten indicated that, based on other states' actions, there are sex discrimination cases that do not require a showing for each person that was damaged. Nelson's situation could be analogized. Damages to Martin and Penny were shown and sustainable. Braverman favored modifying the sum for Ms. Nelson to $400 to treat her equal with other complainants. White stressed that the amount of aggrievement and damage to Nelson is subjective since she was not present to testify and the right of cross-examination was not available. After Commissioners discussed the inclusion of Nelson and the amount of damages, Yates moved, and Costantino seconded, that all monetary damages be $400 to each complainant. Costantino, Marcus, Yates, and Braverman voted "aye" while Reyes and McGuire voted "naye." PAGE TEN: White indicated in reference to point N6 that the Human Rights Commission did not have the right to issue the order to certify to the licensing agency. Scholten recommended clarifying both references to "Respondent." McGuire moved, Yates seconded, to clarify the first "Respondent" with Ambrose-Lovetinsky, Inc. and the second "Respondent" with Harry Ambrose. All those voting, voted "aye." White made three additional closing points. He requested the Commission set aside their proceedings on the following grounds: I. The Commission failed to consider all the evidence as required by Section 18-43(a) of the ordinance; 2. All evidence, even if considered, would be insufficient to support the Finding of Fact, Conclusions of Law, and the Orders; and 3. The Commission invalidated its proceedings by engaging an outside attorney. authorityThere was no There was no formalor official a cial acts nrecorded ino so. it was not an ethe ooffir a ciallminutes. All proceedings should be set aside and remanded to the Commission. Scholten indicated the Commission considered all the evidence. Scholten would not address himself to the notice that was given; and said nothing prohibits the hearing panel to have an attorney. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES Iowa City Human Rights Commission Minutes July 26, 1979 Page 6 The Commission rejected White's three point objection by accepting the report as modified. Staff would file a copy of the final report with the City Clerk after the report was signed. report. This would meet the requirement to certify the Yates moved, Reyes seconded, to accept the report as modified. All voting members voted "aye." I Yates moved, and Reyes seconded, to adjourn. Meeting adjourned at 10;41 p.m. For purposes of additional reporting, a copy of the public hearing panel's report is attached. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIIIES RESOLUTION N0. 79_563 RESOLU'T'ION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY TUE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: t Southland Corp. dba 7 -Eleven #18048, 820 First Ave. i 1 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Ferret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser Ix Perret x Roberts x Vevera x Passed and approved this 18th day of December 199 7 Mayor Attest:_f= Q e City Clerk .2307 MICROFILMED BY ) JORM MICROLAB I CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-564 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Southland Corp, dba 7 -Eleven 018048, 820 First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Ferret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x Lynch X Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 18th 1979 Attest: City Clerk Mayor. ABSENT: x day of December MICROFILMED BY JORM MICROLAB CEDAR RARIDS•DES MOINES c23o7 RESOLUTION N0. 79-565 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTL'R" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: Richard T. Corcoran dba The Shamrock, 525 S. Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation Lor approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Robert that the Resolution as rea Fe—adopted, and upon ro1T there were: AYES: NAYS: ABSENT: Balmer X Lynch g Erdahl X Neuhaueer X Perret X X X Roberts Vevera Passed and approved this 18th day of December , 19 79 �4-r- Mayor Attest: City Clerk IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101MES i '7,3 OF 1' RESOLUTION N0. 79-566 " RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA" BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes C Liquor Control License application is hereby approved -For the following named person or persons at the following described location: Peter C. Pei dba Yen Ching Restraurant, Inc. 1515 Mall Dr. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of�the eBeer premises and all other information or documents required ro and Liquor Control Department. It was moved by Perret and seconded by R� that the Resolution as rea a adopted, and upon rol ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x _ I Vevera R Passed and approved this 18th day of December 19 79 Mayor Attest:-(/�t✓� City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 4101MES 3oq i ., RESOLUTION NO. 79-567 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPL[CA9'ION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Peter C. Pei dba Yen Ching Restraurant, Inc. 1515 Mall Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: s 19 79 e and approved this 18th day of DEcember Mayor Attest: / City Clerk FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a 3oq AYES: NAYS: ABSENT: Balmer x Lynch- x Erdahl x Neuhauser x Perret x Roberts x Vevera x Pas d s 19 79 e and approved this 18th day of DEcember Mayor Attest: / City Clerk FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a 3oq ,4 RESOLUTION N0. 79-568 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded b y Robe that the Resolution as read le adopted, and upon roll callrthere were: AYES: NAYS: ABSENT: Balmer % Lynch % Erdahl R Neuhauser % Perret R Roberts g Vevera g i Passed and approved this 18thday of December 19 79 . Mayor I _ O Attest:— City ttest:Ci y Clerk o 231 PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIBES ,__ RESOLUTION NO. 79-569 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 18th day of December 19 79 Mayor Attest: City Clerk 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OLS 1101MEs 0 AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 18th day of December 19 79 Mayor Attest: City Clerk 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OLS 1101MEs 0 I INFORMA'. ,N FOR APPLICATION FOR SUSPENSI OF TAXES. Name: Address: !1 I'� �Lt:-e�� d//l'• �� ,'� Age: % ?r Occupation: Martial Status: (U'L-�L•L✓ Dependents: Monthly Income: Earned: .............. $ Private Pension: ..... $ Government Pension: ., $ I'i`i. c/O ,@Diq�oawLG✓ TOTAL ................ $ °1. O Cl Market Value of House per Iowa City Assessor: $-_% U 0 Have Taxes been suspended in previous years? er When: I9 7 Is applicant disabled? iiaJ Status of General Health: Good? Poor? Bad? ADDITIONAL INFORMATION WHICH APPLICANT FEELS ENTITLES HIM TO SUSPENSION: j- CL-r�v �)!•c<:.✓ .�Y .,(r`V, �-2.�,:.c.� Gtr/�`�-G .G.�L�/ // fi.�JxLrzl �.d a 3// MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES , Petition for Suspension or Remission of Taxes on Account of Age or Infirmity 7O THE BOARD OF Sul'FInvIMOIW up C.. <. .p'..c, Il _ (iUU N'1'V, lawn; The undersigned rcapcetfully rc Iresents that, by reason of .... ....... he is unable to call - (AGE OR INFIRMITY) tribute to the public revenue; that ... hu is the owner of the fullowing described property upon which ....he asks that ilia taxes for the current year be.... ...under the provisions of Chapter 281, Acte (SUSPENDED Olt In:Al1'1TI:TI) of the Thirty-ninth General Assembly, to -wit: REAL PROPERTY (Give correct legal deAcriutim,l PERSONAL PROPERTY ........................................................................................................... 0 Subscribed and sworn to before me at ....... �•-,..... Ellis .... �Q.... ..day of.IG , 19.7.%, .................... (/,q��', IIOOFA J.IIt�Y .......V..S..�!.-(J ....... S� 1982 uwa State Bank & Trust Company III and for .. ... f� Iowa City, Iowa APPROVAL Iowa, or C 1'41y Auditor. v..County' Iowa. I................................................................................................ Clark of the............................................................ (CITY, TOWN OIL TOWNSIIIP) of.................................................... in the County of..................................................................... Stole of Iowa, hereby certifythat at a meeting of the........................................of said....................................................................................... (COUNCIL OR TRUSTEES) (CITY, TOWN OR TOWNSHIP) held on the........................day of................................................................... 19........, the within and foregoing petition was duly considered and......... ... . ......................under the provisions of Chapter 281, Acts of the Thirty. (APPROVED Olt DISAPPROVED) ninth General Assembly. .....................\.............I........................./.l ....Iowa C ............. 19......... / city )) Clerk, , BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOINES �3/% NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing will be held by the City Council on January 22, 1980, at 7:30 P.N. in the Council Chambers of City Hall on a proposed Resolution Declaring that public con- venience and necessity require the proposed taxicab service applied for by Hawkeye Cab Company within the City of Iowa City, Iowa. At said time and place, last above mentioned, any interested persons may appear and file objections thereto. Dated this 21st day of December, 1979. ABBIE STOLFUS, CIV CLERK a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES RESOLUTION NO. 79-570 RESOLUTION ACCEPTING PAVING AT THE BOYRUM STREET CONNECTION WITH HIGHWAY 6 WHEREAS, the Engineering Department has certified that the following improvements have been carpleted in accordance with plans and specifications of the City of Iola City, Paving at the Boyrum Street connection with Highway 6 as constructed by Metro Pavers Inc. of Iowa City, Iowa AND WHEREAS, Maintenance Bonds for Metro Pavers Inc. are on file in the City Clerk's Office, i MOW THEREFORE 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 Roberta that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x _ ERDAHL x I YNCH x j NELIHANSER x PFRRET R _ i ROBERTS x j VEVERA x _ I I Passed and approved this 18th day of December , 19 79. 1 I i mayor ATTEST: cam u 1 City Clerk Received R Approved By The logal Department 230 MICROFILMED BY JORM MICROLAB CEDAR RAr1DS.DES 110111ES I CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18 ENGINEER'S REPORT December 13, 1979 i Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I 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 i City. The required maintenance bond is on file in the City Clerk's office. Boyrum Street connection with Highway p6 Bypass: Division II - Paving, as constructed by Metro Pavers Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted i by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer EAD/jp i I X313 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES RESOLUTION NO. 79-571 RESOLVrION ACCEPTING IMPROVEMENTS FOR COURT HILL - SCOTT BOULE'V RD, PPART VII, MEMAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill -Scott Boulevard, Part VII. Not to include storm water detention basin. AMID WMiEAS, Maintenance Bowls for Metro Pavers, Inc. & Drake are on file in the City Clerk's Office, Construction Co. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Icwa, that said ingrovanents be accepted by the City of Iowa City. It was moved by Perret and seconded by Roberts that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x _ 1 Erdahl x Lynch x i _ Neuhauser x Perret x Roberts x Vevera x _ I Passed and approved this 18TH day of December 19 79 . Mayor 6—IATTEST: J City Clerk Received A. Approvzd B, Th= Legal De jJaiiinCnf '�Cc a 3/y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOIRES 11 #386,968 PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa in the penal sum of SIXTY TWO THOUSAND POUR HUNDRED EIGHT AND 49/100------------------------------- 62,408.49--- (5 )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, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of December A.b. 19 %9 Whereas, the said Principal entered into a certain contract, dated the 1St day of October '19 79 , with the Plum Grove Acres, Inc. , to furnish all the material and labor necessary for the construction of approximately 4482.25 square yards 7" PCC pavement 3 RA5 intakes 1 RA3 intake 3 grate intakes 2750.86 lineal feet of curbing in Courthill Scott Boulevard Addition Part VII In the Ci ty of Iowa Ci ty , in conformity with certain specifications; and 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 within a period of five (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowd as aforesaid; Now, Therefore, the Condition ofthis obligation IsSuch, that ifthesaidPrincipal does andshall,a h owncostand expense, remedy any and all defects that may develop in said work, within the period of _ five �5 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during Bald 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. Approved 0 / ore.,.„ -g' orf' , 19 L' By (21'Z,/„oma "I City Solicitor. M44 METRO PAVERS, INC. ,� Principal �ERCHANTSTUAL BONDING COMPANY Surety By ; 7 orney-In- ac MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDIIIES MERCHAN IES MUTUAL BONDINj COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men Hy These Presents. that the Wit( luso %un u. auwrvr runnvss. a ntrporuiun duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. Snam of Iowa, hath made. constituted and appointed, and dues by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMai.r II, Carl J. (rant Jr., James E. Thompson, James P. Norris, F. Melvyn Hrubetz of Des�,•ys ;cod State of Iowa its true and lawful Auorncy-in-Fact. with full power and authority hdr ly con ened in ib name. place and stead, at sign, execute. acknuwledge and deliver in its behalf as surety: Any or all bends or undertakings, orovidted that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE WIZOICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-cf-Affi mey is made and executed pursuant m and by authority of the following By -Law adopted by the BoaM.Af ....• Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE ?. SECTION 5A. --The Chariman of the Board or President orany Vitt President or Secretary shall have power and authority to appoint Atlomeys-in-Fact, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto. bonds and undertakings, recognizance%, contract, of indemnity and other writings Obligatory in the nature thereof." In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY has caused these presents to he signed by its President and Vice President, and its corporate soul to be hereto affixed, this 22nd day of May A.D., 1979 Antic MERCHANTS MUTUAL BONDING COMPANY By va r P" W", STATE OF IOWA t COUNTY OF POLK ! its, On this 22nd day of May .19 79 . Isc(nre me appeared W.W. Wamer and William Wamer, tome personally known, oho being h) me duly sworn did say that they are President and Vice President respec. tively of the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed fa the said instrument is the Corporate Seal of the said Corpumtion and that the said instntmem was signed and seeded in behalf of said Corporation by nuilimity of Its Board It( Ihreetnh. In Testimony Whereof. I have hereunto set my hand and affixed by Official Seal, at the Cit) of Dc% Moines, Iowa the Jay tad year first above written. ST/ NA l'nwn. trio. •;IOWA *f lt,<',,,,rm,,,„,aL,rlm 9-30-91 Petit! STATE: OF IOWA A%- 'i COUNTY OF POLK 1. William Warner. Vice President of the MERCHANTS MUTUAL BONDINC that the above and foregoing is a true and cored copy of the POWER OF MERCHANTS BONDING COMPANY, which is still in force and effect. In Witness, Whereof, I have hereumu set my hand and affixed the seal of the Company. at mi% 3rd day of December N. 79 Z This power of anomey expires Until Revoked FIICROFILRED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 7 2-31Y PUBLIC. IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: IA -3933/3 That Drake Construction, Inc. of Winterset, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the CA ty of Towa city in the penal sum of Thi rtY-Ei ght Thousand i Five Hundred Twenty -Four and 74/100 --------------- ______Is 38,524.79 jDOLLARS, lawful money of the United States of America, for the payment of which, WZ; and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this _21 12th day of 0eremher A.D. 19 79 Whereas, the said Principal entered into a certain contract, dated the 23rd day of ^n�mrcL '1979 with the Bruce Glasgow , to furnish all the material and labor necessary for the construction of storm sewer and sanitary sewer Court Hill Scott Boulevard Addition Part VII in the City of Iowa City , in conformity with certain specifications; and 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 within a period of fi VP (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted f upon the filing of this maintenance bond; and i Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable ( consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shall,, t his own cost and expense, remedy any and all defects that may develop in said work, within the period of five t5) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the j 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. I f I g Approved in, ,Qu/9'1 i �191q { City wicitot. C PLL/L Principal iss, III, Vice President .23/f FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES h101nES CERTIFICATION I, the undersigned officer of the MERCHANTS 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.). Long, Vice President; 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 12th day of —DeGembe, 19-74 President State of Iowa ) )ss County of Polk ) On this 19th day of naramhar 19—Z9., 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 instrumen!, 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, Iowa, the day and year first above written. NOTARY SEAL Notary Public, Polk County, Iowa My Commission Expires 9-30.80 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS nollIES 23/tel CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ENGINEER'S REPORT December 14, 1979 Honorable Mayor and City Council Iowa City Iowa F Dear Honorable Mayor and Councilpersons: a ' I hereby certify that the construction of the improvements listed below 4 have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill - Scott Boulevard, Part VII. Not to include storm water detention basin. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. H t; Respectfully submitted, ' "--'"":f Lam"/"s✓ i`1_ Eugene A. Dietz, P.E. City Engineer EAD/FF/Jp t 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES r, J PRELIMINARY RESOLUTION NO. 79-572 A PRELIMINARY RESOLUTION PURSUANT TO @384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVEMENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA WHEREAS The University of Iowa intends to construct the Hawkeye Sports Arena on State property located south of Newton Road and west of Wolff Avenue. WHEREAS it is deemed advisable that a road be built south from Rocky Shore Drive and east to Wolff Avenue and that an approach area on Highway 6 be widened and improved and WHEREAS Chapter 307A.5 and 384.56, Iowa Code, 1979, J permits the city of Iowa City to assess the cost of the road i and improvements to the State Executive Council and the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to do the following, as a single improvement, to be known as i the Hawkeye Sports Arena Road Project. 1. On site road construction. To construct a road south from Rocky Shore Drive and east to Wolff Avenue, benefiting University property owned by the State. The description of the property to be i benefited is attached hereto as Exhibit A and by this reference made a part hereof; the City shall assess the State of Iowa Executive Council for all costs. I 2. Improvement to Highway 6. To improve, by widening and other improvements Highway 6 from the intersection of Rocky Shore Drive extending west to the city limits of Iowa City. A description of the property to be benefited is attached hereto as ExhibitA i and by this reference made a part hereof; the City shall assess the State of Iowa Department of Transportation for all costs. E The City Engineer is hereby ordered to prepare, in coordination with representatives of the State and University and with their assistance, preliminary plans and specifications estimating the cost of the work, and a plat and schedule, and to file same with the Clerk. a 3 /6- MICROFILMED S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES It was moved by Perret and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved thisl8th day of December , 19 79. ATTEST:d.( City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mayor Reca'reri w .nprov^-1 by Tho Log; ! W t • .-%i . n? a3�s n � r i i J i I i i i I J i i It was moved by Perret and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved thisl8th day of December , 19 79. ATTEST:d.( City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mayor Reca'reri w .nprov^-1 by Tho Log; ! W t • .-%i . n? a3�s EXHIBIT A INFORMATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (OFF-SITE ACCESS ROADS) Description of Proposed Improvements - Proposed improvements shall consist of grading, storm intakes, storm sewer for roadway drainage, Portland cement concrete paving widening, asphaltic concrete paving overlay, site rdstoration, and intersection signalization. Location of Proposed Improvement - The proposed improvement shall extend easterly along Highisay No. 6/218 from the west corporation limit of the City of Iowa City,approximately 1,500 feet. Descri tion of the Benefited Pro ert - The benefited property is the Highway No. 6 218 right-of-way extending easterly from the west'cor- poration limit of the City of Iowa City approximately 1,500 feet. SHIVE•HATTERY& ASSOCIATES IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES a3i6 INFORbLATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (ON-SITE ACCESS ROADS) Description of Proposed Ime provment - Improvements shall consist of grading, 51 oot wide portland cement concrete paving, reinforced concrete box culvert extension, storm sewer intakes, storm sewer for roadway drainage, roadway lighting, sidewalk and bike path facilities adjacent to the proposed roadways, and site,.restoration. Locationof Pro osed Improvement - The proposed improvement shall extendrom the intersection of U. S. Highway 6/218 and Rocky Shore Drive; thence Southerly along a 370 -foot radius curve 1,100 feet; thence southwesterly 1,400 feet to the intersection with Woolf Avenue; and along Woolf Avenue extending from the intersection of Newton Road and Woolf Avenue app'roximately 1,800 feet along Woolf Avenue to the entrance of the parking lot of the University Hospital School. Descri tion of the Benefited Pro ert - The benefited property consists o t e ollowing parcels o land: Beginning at the South right-of-way line of U.S. Highway 218/6; 340 feet Westerly of the centerline of Rocky.Shore Drive; thence Southwesterly along a line parallel with and measured perpendicularly 200 feet west of said centerline to the North right-of-way line of the Chicago, Rock Island $ Pacific Rail- road; thence approximately 1,800 feet Southeasterly along a said North Tight -of -way line of the Chicago, Rock Island F, Pacific Railroad; ithence Northeasterly along a line parallel with and measured perpendicularly 1,440 feet Easterly of the Rocky Shore centerline extended approximately 1,800 feet to the centerline of Newton Road; thence Northwesterly approximately 730 feet to the South right- of-way line of said U.S. Highway 218/6; thence Westerly along the South right-of-way line of said Highway 218/6 to the point of beginning; And Areas adjacent to Woolf Avenue extending from the intersection of Newton Road and Woolf Avenue 1,800 feet along Woolf Avenue centerline to the parking lot entrance to the hospital school. SHIVE•H ATTERY d ASSOCIATES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IrolrlEs X315 December 10, 1979• To the Honorable Mayor and Members of the Iowa City Council: The first two paragraphs of this letter are written for the information of any Council member who may have missed seeing a small news item which appeared in the December 1 issue of the Press -Citizen, which tells about a 874,880, grant under Elder -care Legislation which was approved by the Iowa Legislature last May. This money is to be divided among five counties, and is for the purpose of assisting elderly persona by providing chore services, such as home repairs and snow shoveling. I have talked with Dale Hibbs, a member of the Iowa House of Representa- tives, about the Elder -care Legislation. He says it is a new program intended to help the aged citizens to stay in their homes and out of institutions as long as possible, not only because it is where they want to stay, but because of the large amount of money that the State is paying for nursing home care. He is checking to see how: much of the 874,880. will be Johnson County's share, and whether the part for snow shoveling could be given to the City to help with the proposed free sidewalk snow removal program. I haven't seen Mr. Kucharzak's Memo. of December 7, and so I don't know what it says about free service. The plan as outlined to me is as follows: 1. Free sidewalk snow removal service for those persons who, because of age or other infirmities, are no longer able to remove the snow themselves, provided that they live in their own homes and do not have able bodied family members or tenants to perform this task. (Free service on public' -.Walks only.) 2. Free services for those persons (or couples) who meet the same eligibility requirements as those who are eligible for free refuse pick up. 3. That those who apply for the free service file all necessary papers showing eligibility, including a written statement from their doctor, and a copy of their lest 'tax receipt showing that they are eligible to receive tax credit on their home under the Iowa Disabled and Seniior Citizsn Property Tax Program, provided that: -is one of the items submitted to show eligibility. I trust that your Honorable Body will vote for providing free sidewalk snow removal service for those of us who qualify as above, end so not subject us to the hardship that would come with a 100`6 enforcement of the snow removal Code.. If the City charges 856, for removing as little as one inch of snow from the sidewalk which surrounds an 80xl5Q corner lot and $40. for ;a 50x125 corner lot, then most every show shoveler in town will expect`%e paid on the same inflationary basis. The aged and disabled on fixed incomes couldn't afford anything like that. Another advantage of trying out this free service at this time would be that when the Legislature meets in 1980 and c)nsiders appropriations for the Iowa Elder -care program, we would have r, Vre first hand information to give them as to how this service is working. o and where the "buts" are. I� a 1530 Sheri an A nue UP.S. r. Hibbs called me at noon. He doesn't have anything definite DEC M 1979h regard to the $74.880. but is continuing to look. ABBIE STOLFUS, CMC CITY CLERK (3) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDINES D. A.0 23//e December 10. 1979. To the Honorable Mayor and Members of the Iowa City Councils The first two paragraphs of this letter are written for the information of any Council member who may have missed seeing a small news item which appeared in the December 1 issue of the Press -Citizen, which tells about a $74,880, grant under Elder -care Legislation which was approved by the Iowa Legislature last May. This money is to be divided among five counties, and is for the purpose of assisting elderly persons by providing chore services, such as home repairs and snow shoveling. I have talked with Dale Hibbs, a member of the Iowa House of Reprecenta- tives, about the Eldercare Legislation. He says it is a now program intended to help the aged citizens to stay in their homes and out of institution■ as long as possible, not only because it is where they want to stay, but because of the large amount of money that the State in paying for nursing home care. He is checking to see how's muck of the $74,880. will be Johnson County's share, and whetkor the part for snow shoveling could be given to the Ci:y to help with the proposed free sidewalk snow removal program. I haven't seen Mr. Kuoharzak's Memo. of December 7, and so I don't know what it says about free service. The plan as outlined to me is as follows: 1. Free sidewalk snow removal service for those persons who, because of age or otker infirmities, are no longer able to remove the snow themselves, provided that they live in their own homes and do not have able bodied family members or tenants to perform this task. (Free service on public..walke only.) 2. ?roe services for those tie dft1O persons (or couples) who moot the same eligibility requirements as those who are eligible for free revise pick up. 3. That those who apply for the frov service file all necessary papers showing eligibility, including a �!rltt4n statement from their doctor, and a copy of their last tax receipt showing that they ure eligible to receive tax credit on their home under the Iowa Disabled and Soniior Citizen Property Tax Program, provided that .ie one of the items submitted to show eligibility. I trust that your Honorable Body will vote for providing free sidewalk snow removal service for those of us who qualify as above, and so not subject us to the hardship that would come with a 10016 enforcement of the snow removal Code . If the City chargee $56. for removing as little as one inch of snow from the sidewalk which surrounds an 80x159 corner lot and $4p,.for ;a 50x125 corner lot, then most every show shoveler in town will expect ia paid on the same inflationary basis. The aged and disabled on fixed incomes couldn't afford anything like that. Another advantage of trying out this free service at this time would be that when the Legislature meets in 1980 and o)nsiders appropriations for the Iowa Eldercare program, we would have aq� first hand information to give them as to how this service is working 1%,and where the "bugs" are. O n 1530 Sheri an A I nun Ij P.9. 1. Hibbs called ■o at noon. He doesn't have anytbinr definite DEC M j9J9h regard to the $74.880. but in continuing to look. D. A.0 ABBIE STOLFUS, CMC CITY CLERK I11 MICROFILMED BY JORM MICROLAB CEPAR RAPIDS.Des '10lats I N December 12, 1979' Mr. Hugh Mose Transit Director City of Iowa City Civic Center Iowa City, Iowa Dear Mr. Mose, F L''0 D 1 4 197 9 ABBIE STOLF_US, CITY CLERK This letter is in response to the proposedbus route changes as outlined in the Iowa City Press -Citizen December 11, 1979. The issue I am concerned with is the changing of the Mall route from the Clinton Street area to Bowery Street. Currently I ride the Rochester bus to and from work.In the morning it continues to my departure point at Benton and Clinton on its way to the Mall. I pick it up to go home at 314D (approx) at this same point. Currently this is an adequate schedule for me. I am familir with many other riders who use this South Clinton area. I believe there is already a bus serving the Bowery Street area. Is it necessary to have two buses along the same route? This change would eliminate a bus route in a large area Meet of Gilbert, :forth of Hwy. 6 Bypass, .wast of the Iowa River and South of Burlington Street. It would also be necessary for me to drive to and from work which I find very unsatisfactory with the energy problems and the cost of gasoline. Another proposal stated in the Press -Citizen concerned "no waiting" for transfers uptown. I arrive uptown by bus at 6,45 each morning. A majority or most of the riders transfer to another bQ for a 7s00 a.m. job outside of the downtown business area. Very, very few downtown business start employees at 7:00 a.m. , therefore people in an "early" transfer situation will no longer have reason to ride a bus. Aren't the buses for work people who have their own schedule as well as casual shoppers? shy ride the bus to work if there will be no bus to transfer to. I believe a reasonable amount of time should be alloted to transfer riders from a late arriving bus. My main concern, though, is that you retain the current route of the i1all bus in the South Clinton and Benton Street area. I have lived in Iowa City twenty years and have been a very steady customer of the transit system and I feel that this drastic of a change in this area would eliminate my riding and many other faithful customers. Sincerely, Jamas A. „ells 1015 Bloomington Iowa City, Iowa ecI Robert Vevera, Mayor and council Xembers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES 123/7 i BEST1\ DOCUMENT! AVAILABLE I December 12, 1979' Mr. Hugh Mose Transit Director City of Iowa City Civic Center Iowa City, Iowa Dear Mr. Mose, This letter is in response to the proposedbus route changes as outlined in the Iowa City Frees -Citizen December 11, 1979• The issue I an concerned with is the changing of the Hall route from the Clinton Street area to Bowery Street. Currently I ride the Rochester bus to and from work.1n the morning it continues to my departure point at Denton and Clinton on its way to the Mall. I pick it up to go home at 3140 (Approx) at this same point. Currently this is an adequate schedule for me. I am familAr with many other riders who use this South Clinton area. I believe there Is already a bus serving the Bowery Street area. Is it necessary to have two buses along the sass route? This change would eliminate a bus route in a large area Nest of Gilbert, klorth of Hwy. 6 Bypass, cast of the Iowa hiver and South of Burlington Street. It would also be necessary for me to drive to and from work which I find very unsatisfactory with the energy problems and the cost of gasoline. another proposal stated in the Fress-Citizen concerned "no waiting" for transfers uptown. I arrive uptown by bus at 6145 each morning. A majority os most of the riders transfer to another by for a 700 a.m. job outside of the downtown business area. Very, very few downtown business start, employees at 7x00 a.m. , therefore people in an "early" transfer situaiion will no longer have reason to ride a bus. Aren't the buses for work paoplm who have their own schedule as well as casual shoppers? 'hy ride the bus to work if there will be no bus to transfer to. I believe a reasonable amount of tine should be alloted to transfer riders from a late arriving bus. My main concern, though, is that you retain the current route of the mall bus in the south Clinton and Benton Street area. I have lived in Iowa City twenty years and have been a very steady customer of the transit system and I feel that this drastic of a change in this area would eliminate my riding and many other faithful customers. Sincerely, James A. delle 1013 Z. Bloomington Iowa City, Iowa coo Robert Vevera, Mayor and Counuil Members MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS !tours City of Iowa City MEMORANDUM Date: December 12, 1979 To: The Honorable Mayor and City Council From: James Brachtel, Traffic Engineer `sq) Re: Yield Sign on Sheridan Avenue at Seventh Avenue As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that a yield sign be installed at the intersection of Sheridan Avenue with Seventh Avenue, such that vehicles on Sheridan Avenue are required to yield the right of way prior to entering Seventh Avenue. This action will be taken on or shortly after December 27, 1979. COMMENT: This action is being taken to more clearly delineate the proper right of way at this intersection. bc3/2 MICROFILMED BY JORM MIOROLAB CEDAR RAPIDS -DES 110IRES FD1LF0 EC 121979 ABBIE STOLFUS Crnr CLERK �23/e 0 City Of IOWA City MEMORANDUM Date: December 12, 1979 To: The Honorable Mayorend City Council From: Jim Brachtel, Traffic Engineer Re: Parking Prohibition on Normandy Drive As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that signs be installed on the west side of Normandy Drive from a point at the intersection of Normandy Drive with Park Road north to a point 70 feet north of the intersection. This action will be taken on or shortly after December 27, 1979. COMMENT: This action is being taken to enhance the ability of cars turning onto Park Road from Normandy Drive to do so in a safe manner. It will ensure adequate queuing space on Normandy Drive for vehicles entering the intersection. bc3/1 I FDEICIL219E790 ABBIE STOLFUS CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR, RAPIDS -DES IIOIIIES C g, City of Iowa City MEMORANDUM Date: December 10, 1979 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Parking Prohibitions - Seventh Avenue As directed by Section 23-16 of the Municipal Code of Iowa City this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City the City Traffic Engineer will direct that parking be prohibited on the east side of Seventh Avenue from its intersection with Rochester Avenue north to a point 400 feet north of the intersection. Also, signs will be installed so as to prohibit parking on the west side from the intersection of Seventh Avenue with Rochester Avenue to a point 100 feet north of the intersection. This action will be taken on or shortly after 25 December 1979. COMMENT: This action is being taken due to the increased amounts of vehicular traffic on this portion of the collector system. As new homes are being built in the subdivision which is served by the Seventh Avenue collector link, it is necessary to provide good and ready traveled ways for vehicular movement. bjl/23 '-CE DEC111979 ABBIE STo` u S Ciry CL ft A319 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S MOINES City of Iowa City MEMORANDUM Date: December 10, 1979 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Street Light Installation at Clover St./Friendship Ave. Recently the Traffic Engineering division of Public Works has received a request to install a street light at the intersection referenced above. This request falls within the guidelines established b; Council in their residential street lighting policy. Traffic Engineering intends to authorize this installation. A review of the area has revealed that a non -conforming installation pattern does exist. The installation of a new street light at the intersection of Friendship/Clover Street would further compound this non- compliance. As can be seen on the attached drawing, there presently is a street light between the homes addressed as 3010 Clover Street/3014 Clover Street and between the homes addressed as 2913 Clover Street/2907 Clover Street. This level of street lighting is in excess of Council's policy guidelines. Traffic Engineering intends to authorize the removal of the street lights between 3010/3014 Clover Street and 2907/2913 Clover Street and place a street light at a new location between 3001/3007 Clover Street and at the intersection of Friendship Avenue with Clover Street. This matter is being brought to Council's attention because the installation at 3010/3014 Clover Street was implemented in November 1976 after receiving a request from the City Council. Unless directed otherwise by Council, Traffic Engineering will authorize the changes noted above on or shortly after 24 December 1979. b f 1/1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DE, 1101DES FLEr DEC 13 1 979 ABBIE STOLFL� CITY CLERK COURT i HILL. tyP_ ....— I ..1.',.:.r. .. P ln. RAVEN ST.: :OLiRTAILL . PAR �. / {: _• .. . /551. 30 289 2 291a arca* 2 2.. i . e.�'"' 1' ? Fo ....— I ..1.',.:.r. .. P ln. RAVEN ST.: MICROFILMED BY JORM MICROLAD CLOAR RAPIOS•OL: 'f01BL5 :. � 331 + 332 �. / {: _• .. . /551. 30 )s,� .:. •;u.l n. ,,., - � 519 . e.�'"' 1' ,.1, Fo +. ."•333 � • ^jo •n G'1 e', ..I _,y 1,.�^So3` /ILII ill .. [•2 �.ff 1. J•�. d,- 522 Li I- ^ u 518 Z.,:..523 _ . ; 1 �y i, •ren 1t P335 Soo y •. 1 S [`� 4 W ,. •... 52 I' r Sos ^., . 517 s/6 SIS. slI 513 V tr.rl 73rr ''T Sob' s f.9 71a a 52 t ) �' �t-So7�- 54 Slo 311 512; h . 52 •.../ ALP/A/E,. v' i..'' ^S�z•s . GoURT �9 - k6 • rJt 53! s3aa SIT# 4 s �•..,r /. _:•�. ,.,. ::SJ6 .� 'c'�i.•:iat•o dr' 2 m 52 Y I<. 1 Q \ IIM JIN r p t /.. ar• J r e 90.1 31.711 �ro�.f%8 !34 53 53 i, b $ 3 MICROFILMED BY JORM MICROLAD CLOAR RAPIOS•OL: 'f01BL5 City of Iowa City MEMORANDUM Date: December 12, 1979 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer J Re: Stop Sign on Rohret Road As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that the stop sign located at the intersection of Rohret Road and a county road running south from Rohret Road approximately 300 feet east of the westerly city limits will be moved so as to cause northbound traffic on the local county road to stop and yield the right-of-way to Rohret Road. This action will be taken on or shortly after 27 December 1979. COMMENT: This action is being taken to protect the right-of-way of Rohret Road. It will reverse the existing right-of-way conditions at this intersection. This reversal will be consistent with logical driving patterns at the intersection. bdw3/9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES td01RES FIE DEC131979 D +BBIE STOLFUS CITY CLERK A34 I City of Iowa City MEMORANDUM Date: December 13, 1979 To: The Honorable Mayor and City Council From: Jim Brachtel, Traffic Engineer A Re: Stop Sign on Petsel Place at Mormon Trek As directed by section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that a stop sign be placed at the intersection of Petsel Place/Mormon Trek Boulevard so as to stop vehicular traffic on Petsel Place before it enters Mormon Trek Boulevard. This action will be taken on or shortly after December 28, 1979. COMMENT: This Boulevard. ons f Mormon Itis consistent with the Protection taken to otect the of the Coity 's arteriialTand collector systems right-of-ways. 4/3 �'d�D DEC 13 1979 ABBIE STOLFUS CITY CLERK X3/8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i I_ � City of Iowa City MEMORANDUM Date: December 13, 1979 To: The Honorable Mayor and City Council From: Jim Brachtel, Traffic Engineer Re: Stop Sign Installation at Flatiron Avenue/Sycamore Street i t As directed by section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: i ACTION: s I Pursuant to section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that a stop sign be installed at the { intersection of Flatiron Avenue with Sycamore Street. It will be installed I so as to cause traffic on Flatiron Avenue to stop and yield the right-of- way to Sycamore Street. This action will be taken on or shortly after December 28, 1979. ` COMMENT: This action is being taken to protect the right-of-way of Sycamore Street. It is consistent with the City's protection of right-of-ways along the City's arterial and collector systems. tp/4/4 t r s t' IT, f' DEC 1 31979 ABBIE STOLE,,. CITY CLERK 91318 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES It0111CS I City of Iowa C1 MEMORANDUM Date: December 18, 1979 To: Honorable Mayor and Members of the City Council From: Glenn Siders, Senior Building Inspector Re: Electrical Wiring Complaint at Procter & Gamble This memorandum is to provide the Councilmembers with a written report of some alleged illegal electrical work occurring at the Procter & Gamble plant here in Iowa City. As I am sure you are all aware, P&G is experiencing some major alterations to their existing plant and incorpor- ated with these alterations are certain new manufacturing lines and areas for storage. The Division of Building Insepction has received a complaint that employees of Procter & Gamble are doing some electrical work which should be performed by a licensed electrician. As a follow up to this complaint Paul Bowers, the Iowa City Electrical Inspector, made an on-the-job inspection with a union representative on December 3, 1979 who showed Paul some of the work that was being done and in his opinion felt that needed licensed trades people to do. On Wednesday, December 5, 1979 Paul Bowers again made an inspection at the Procter & Gamble plant and this time was accompanied by myself, Norm Kline a project engineer, and Walter Shelton, a licensed Iowa City journeyman electrician employed by Procter & Gamble. During this December 5 inspection a complete survey was made of all work being done in the plant. It was explained to us what work was being done by the Procter & Gamble employees and what work was being done by the licensed electricians that are on the job and have valid electrical permits. Following the December 5 inspection it was both my interpretation and the interpretation of the electrical inspector that no violations were occurring concerning the Iowa City Electrical Code. After that December 5 inspection some concerns were still generated on the validity of our interpretation. These concerns were relayed mostly to Ferrell Turner who is the Chairman of the Iowa City Electrical Board of Appeals. Ferrell brought these concerns to my attention and on Tuesday, December 18 another on-the-job inspection was made by Mr. Turner, myself, Mr. Kline and Mr. Shelton. Findings of that inspection are as follows: I. Licensed electricians are running feeder cables to the motor control center (MCC). From the MCC, Procter & Gamble then runs a branch circuit to the machinery itself. Involved in that circuitry is two inch conduit filled with #14 wire that is used only as control voltage wiring. It was explained to us that on very few occasions P&G will sometimes incorporate a #8 wire, which is a little heavier, for use of wiring some of the larger motors for the machines. Currently there are two production lines being installed which are 70 feet in length or greater and which are only being provided with the #14 control voltage wire. It was brought to our attention by the Procter & Gamble representative that 75% of any wiring done on these �23 MICROFILMED BY JORM MICROLAB CEDAR RANDS -0[S 'IOIIIES 1 2 machines are done on a dead circuit. It was also pointed out that 100% of the work done by the P&G employees could be done on a dead circuit. It was Mr. Turner's opinion that there still existed no violation of the Iowa City Electrical Ordinance. It was brought to light that Mr. Turner, e wirin beingodone asrsimplyuthe iringtneededrto allow the machinery tohfunction and not wiring done to provide an electrical source to the machinery. The type of wiring that is being done is not technically called electronics work. However, being very similar it seems to fall within that definition. It is stillthe Building Division's interpretation and the interpretation of Mr. Turner, the Chairman of the Electrical Board, that no violation exists and hopefully this memorandum will document that opinion and terminate any concern that may be still held by any individual. If any Councilperson wishes to receive any further documentation or report, I would be more than ha request. Ppy to accommodate their i den'!nCSer�'� Siders Ferrell Turner, Chairman i Senior Building Inspector Iowa City Electrical Board of Appeals bj/sp cc: Norm Kline i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES MOINES NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing will be held by the City Council on ��r m �gty, 1970, at 7:30 P.M. in the Council C ambh ers of the City Hall, on dfianges in the route structure of the Iowa City Transit System and installation of designated bus stop locations on all routes. within the City of Iowa City, Iowa. At said time and place, last above mentioned, any interested persons may appear and file objections thereto. Dated this �t day of December , 197.2. ABBIE STOLFUS, CITY CLERK FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES �2 _3 23 DEC 18 1979 TRIS IS FOR THE PUBLIC HEARING OF DECEMBER 18, 1979. ABBIE STOLFUS, CMC December 14, 1979, CIN CLERK (2) Mr. Richard J, Plastino: ThanR you for sending me a copy of the report on the Iowa City Transit System. It is it very will written report, and a credit to your Department. My comments regarding your recommended changee are; 1. I agree that there should be no bus route on first Avenue between Lower Muecatin_. Road and Rocheeter Avenue because of the railroad crossing, and because the ridership couldn't help but be light. 2. Taking the Lakeside bus off of the Highway 6 Bypass, and running it on streetL- instead, would be a much needed improvement�o that riders as they can't do when it runs on the Highway. could get on and off t'a b. e, 3. Incorporating service through the Y.—Mart lot as part of the Sycamore loop would be a change appreciated by many citizens. 4. Tour report does not mention the North Dodge route, Many people are hoping that this route will be extended to the new Hy—Vee store when it opens for business, and that this point will then be the stop—over instead of Whiting Ave. j. SEVENTH AVENUE ROUTE. Many of us who use this bus are hoping that the Council will follow your recommendation and leave it on Gilbert, Market and Clinton Streets on its way into town. 6. It seems to me that the recommended change of redesigning the Seventh Avenue route to follow Summit Street, Court Street, Oakland Avenue, Sheridan Avenue, Seventh Avenue, F Street, Fourth Avenue, Friendship Street, Seventh Avenue and College Street would be an improvement, as it would serve more territory. It would serve the Court Street area where the people now are being short—changed, and would give betLf'1. hervice to those in the D Street, Friendship area. Thi change would make this bus less convenient for those who now board it on Sheridan Avenue between Oakland Avenue and Summit Street, byit, in general, it appears that more people would benefit from the change than would be inconvenienced. If the Seventh Avenue butt is to continue: running at a different time in the afternoon than in the forenoon, then the printed schedule needs to be written in a way that the public can understand. Why couldn't this be done by having a separate schedule for the forenoon, and just below it the schedule for the afternoon and evening: The schedule now being used is so confusing that many people complain of missing buses, and others complain of having to stand on the corner too lonL. An understandable schedule still be eeoecially esenzGtidl if the Seventh Avenue route covers some new territo3735, as reepmmended. Running the Towncrect bus on Muscatine Avenue, both outbound and inbound, will inconvenience those who live very near to the Towncrest Modical Center, as the crow flies, but a long distande away by bus, But we can't have everything As to having higher fares between 7 A.hl and 9 A.M. and between 3:30 and 5:30, it wouldn't affect me in any way, but I doubt whether the people would like it —_ too much confusion. Those riding on pne"s would be paying the same regardless of the time of day, and it could be a hardship for some parents whose youngsters ride the City bus to gr de school, junior high school or senior high. ---,q L530 Sheridan ;venue. ,:�3-3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDi.DES M0111CS January 3, 1980 Mrs. Della A. Grizel 1530 Sheridan Ave. Iowa City, Iowa 52240 Dear Mrs. Grizel: Thank you for your letter of December 14, 1979, in which you respond to several of the recommended transit route changes. First, let me say that I am very pleased that you concur with many of our suggestions. Many individuals from throughout the City have provided their comments, both pro and con, and several modifications to our proposals will probably be made. However, in those areas to which you address your comments I doubt that any significant changes will be made. Regarding the prospect of the Seventh Avenue bus having different schedules in the morning and afternoon, we are considering changing the layover point to one central location so that the schedule remains constant throughout the day. If overall scheduling considerations permit, it is possible that we would change the layover spot to Fourth Avenue, midway '— along the loop, and use that location on every trip, morning and afternoon. Once again, thank you for your interest in our transit system. I trust we can continue to improve our service to your neighborhood and throughout" the community. Sincerely, Hugh A. Mose j Transit Manager Iowa City Transit cc: Neal Berlin, City Manager Dick Plastino, Director of Public Works bj4/4 /I C,� C; I I j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0111ES January 3, 1980 Mrs. Della A. Grizel 1530 Sheridan Ave. Iowa City, Iowa 52240 Dear Mrs. Grizel: Thank you for your letter of December 14, 1979, in which you respond to several of the recommended transit route changes. First, let me say that I am very pleased that you concur with many of our suggestions. Many individuals from throughout the City have provided their comments, both pro and con, and several modifications to our proposals will probably be made. However, in those areas to which you j address your comments I doubt that any significant changes will be made. iRegarding the prospect of the Seventh Avenue bus having different schedules in the morning and afternoon, we are considering changing the layover point to one central location so that the schedule remains constant throughout the day. If overall scheduling considerations permit, it is Possible that we would change the layover spot to Fourth Avenue, midway along the loop, and use that location on every trip, morning and afternoon. Once again, thank you for your interest in our transit system. I trust we can continue to improve our service to your neighborhood and throughout the community. I Sincerely, f Hugh A. Mose Transit Manager Iowa City Transit cc: Neal Berlin, City Manager ✓ Dick Plastino, Directo of Public Works bj4/4 , MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101BEs � To: Iowa City City Council From: !lest High Student Senate Executive Board Re: Bus service December 17, 1979 We have been informed that the pooposed bus routes for January first do not include service to West High School. Associated with this cancellation are many hardships for West High students. j Without service to West High, many students will not have a viable means of travelling to school. Students require the Iowa City Transit System to and from school if they do not have access to school buses or family vehicles. Public transportation f is a service to the community which includes West High. t During the day, after school and on the weekends, bus service is necessary. The great number of students who currently use this ! service have indicated the extent of its need. If anything, service should be increased rather than discontinued. R f i Sincerely, Leah Eskin Student Senate President DEC 18 1979 D ABBIE STOLFUS CRY CLERK .23x 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES To: City Co,.,acil :.:e,ibers and Transit Director "lost 3entott tr_.et Io.r: Cit;-, Iown 5221,0 Decc.-iber 13, 1979 1-1r7r-7 7191_ 'Io: .'ard`,"a7 Bus JJrvice I note t;:ot t`je City Counc' 1 -lens to ::olfl a ,tiblic 'n(3arir ; on Tuesday, Decectbor 18, at 7:30 P-11. in the Civic Center, cl proposal '..1:: route and schedule changed incraasin, fares durin, rush hours and schedulin- a !::arch vote on a .:O million Load is,uue for ourchosin,; na:r bueca and building a nu:) bus barn. I will be unable to attend the public, iaarir:6, but wish to make i,y viavis known to each and everyone of you. I have been in favor of inereasirlL, the fares for a lon. time. It seems to me to be poor judgment to hold bus fares so low :,)hen the cost of gas- oline keeps clirabina, then ask all taxpayers to subsidize the bus system more and more. Nowhere in the news storieu do I read anythin;;::bout improving the ';lardway Route service -- especially in the matter of incroasing our service from once an hour to once each half hour to conform with the service of the other routes. I have been told in the past, that the Wardway Route cannot afford to go oftener because the ridership is law, since the route goes through so little residential area. My answer to that is that the residents do not plan the routing. I have been told that t}te council members do not work out the routes. My answer to that is that the council members do approve or disapprove the routing, and I recall at one time, the then transit director recommended another routing which would have included more residential area only to be told by the city council that they would not approve the roate. I have been told that it is difficult to add more residential area to the Wardway Route because of the West Benton Strout hill. That is nonsense; i -Before the city took over the bus system, the buses climbed the West Benton Street hill regularly, and on a half hour schedule. In fact, the route came out Riverside Drive to West Benton Street and went back to town on Melrose Avenue via University Hospitals in the mornings, for the benefit of people in this area working at the hospitals. In the afternoons the route was just reversed to help University Hospital workers return home. Other bus routes include hills -- Grand Avenue, Vlashington Street and Dubuque Street hills, to name three. Is there some unwritten rule now that says buses must return to town over the same route from which they left town? Other route expansion has been on a half hour schedule from.the beginning. Why not cut all routes to hourly service to see whether ridership would _stay up? „Let's not discriminate. -D0CUNIENT Ajr.kU ABLS ,2323 MICROFILMED BY JORM MICROI_AR rEDAR RAPIDS -DES 110IDES M: 2 Half hour service on this route could benefit people in other parts of town, who may wish to transfer to the 71ardway bus. In fact, several times I have seen people waiting hero at the West Benton Street/Giblin Drive intersection to board a bus halfway between scheduled times. When I have gone out to tell them there is no bus scheduled to come by for another half hour they act surprised and seemed amazed that one route should be singled out for hourly service only. It doesn't seem fair that this part of town should be discriminated against, simply because, in the past, the city council and the transit director have not been able to agree on a feasible route, for half hour service. I have never heard of the city council suggesting that our city taxes in this area of ton be cut in half, so why should our bus service be half that of the rest of Iowa City? I hope the current city council members and the current transit director will work together to improve bus service not only for most of Iowa City, but for all of Iowa City, including those of us on the �%ardway Route, and end the present discrimination! Then, and only then, would I be in favor of a bond issue. Very truly yours, EAa,40, Jh.cv.vMZq Eleanor Trammel MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ?t0111ES January 3, 1980 Mrs. Eleanor Trummel 314 W. Benton St. Iowa City, Iowa 52240 Dear Mrs. Trummel: Thank you for your letter of December 13, 1979, in which you expressed concern regarding the Wardway bus route. This past spring and summer, when we conducted an extensive investigation Into transit route and schedules, the transit staff considered a variety of routings that might better serve the Wardway area. Without going into the details of the many alternatives we looked at, let it suffice to say that due to housing patterns, street characteristics and topography the present route alignment represented the only workable solution. While I will be the first to acknowledge that hourly service is certainly inferior, the simple truth is that to.provide your neighborhood with more frequent service would mean that passengers in other areas of town would be totally denied transit service. Although it might seem unfair to have three buses per hour on Court Street and only one bus per hour in your area, the fact is that an equal distribution of buses would result in a disparity in transit service; the added convenience to i Wardway riders would mean that as many as 40 passengers on the east side of Iowa City would be unable to ride at all during the rush hour. r I regret that we are not able to provide the Wardway area with a better level of transit service; were the service better the ridership would undoubtedly be higher. However, at the present time I do not see any way we can improve your service without serious adverse effects in other areas of Iowa City. I do, however, thank you for your interest in our transit system, and I hope you will continue riding with us. Should you have any further comments or questions, please do not hesitate to contact me. Sincerely yours, Hugh A. Mose Transit Manager Iowa City Transit cc: Neal Berlin, City Manager -/ bj4/5 Dick Plastino, Director of Public Works MICROFILMED BY JORM MIOROLAB CEDAR RAPIOS•OES MOINES The recent proposal to discontinue the 7;30 A.M.ston of the Mark IV bus at west High School is not in keeping with present efforts to cut back on the use of gasoline. Teachers and students should have adequate bus s9rvice, at reasonable prices„ so that the number of People driving can be reduced. :dot only should the 7130 A.M. stop be retained, the bus should stop at the school on each run. People come and go from that building constantly throughout the day and ev�ing hours. If i4 is necessary to save time, it might be wise to reroute the bus so that it does not go through some of the more congested university areas, where time is undoubtedly lost. From the numbers Of daily riders to West High School, it is evident that the stop is needed. Every building or area in Iowa City where a sizeable number Of people congrogate, espocially schools and buildings serving t}e elderly, should have adequate, reasonable priced, bus service. Lynne Cannon 920 Highwoo(i Street. Iowa City The above Comments are n�rn) Of the writers CC BEST �_ DOCUMENT AVAU ABLU FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES Z3a3 WE, the undesrsigned citizens of Iowa City, petition the Iowa City Council to reject the current proposal of the Transportation Department to terminate the 7:30 bus service on the Mark Four bus to West High for the following reasons: 1. The bus service is needed by over fiftyktudents and faculty. 2. Use of the bus services conserve energy and minimize car use at West High. 3. In the cold winter months, sidewalks are often not shoveled by Christ The King Lutheran Church and West wind Apartments until after school hours. Therefore, students using buses that do not travel to West High must walk over one half mile in the cold over unshoveled walks. 4. Students are a group who most often do not have the resources to provide private transportation. 5. The rush hour congestion in the West High area is minimal and could easily be met by providing an express bus or encouraging the students of the University to ride the Cambus, which takes them to the down -town area. FI ICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES c2323 PETITION OF IOWA CITY RESIDENTS T�. 'FIE IOWA CITY COUNCIL ON THE MATTER OF THE MARK FOUR BUS ROUTE 1.�-,J�i� 2 • V a, n 3.yJ�(�a�.i�� 5. dak 6. h-,��h7C1P��n• 7 �40f aura ser J 9.��¢t�r!ehz 1df�uJ 10. 12. F 13. 15. CaAD- C21s1 16 . o �t� y Pirz 17.vy uwV ilra m 18. 19. ,yt , t 20. �J - l I 21. 22. 24. 26. � 27. 2bi.�4 r 29.euL'� rcLe v i 30. '�CRzn Q.Q_ 31. -P4 Lyi�uYG 32. 33 34. C'ic2ci�^^ 35. 36 37.�/` -1 38 �f ^Ic Su¢�' Q✓� 39. l' IG f,24 veo 40. 41 / p , 42. cl' �cl.v �7� 43. 46 . Mo_fzi� 45. &7. J h S i cam" 48.N�� 49. CGu/LO � 50.ovn-+l�niye� 51.E 52.Gd 5 54, �)a,l y 7 h cv vr.ku (1 55..11�� NIIC 56.5."Y o, 57 • MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES PETITION OF IOWA CITY RESIDENTS TO THE IOWA CITY COUNCIL ON THE MARK FOUR BUS ROUTE 1. ytc �. c QOy Dek (�� 26. ,; Q�j'�i lEe C'uv i� 2. t- `�C0 3. nmy (3ixler 28. �j��h" t 12�C 4. J „t d Z"P 29..X//cx.(ya_] CaJ 30. 6. 6 / 31. 7. )1 Lluo"L&cam 9. 10. 2 tQAf r fJf j 11. 1&r1a �iPi l91or�J i 12. J L,,,ti 13.(5( p ?(*'I_ylY/� 14. Dobbi�JeHl�an( 15.�yQ�[11 16. 7; Wit,.., r o <•:.,.ar., 17. */6t 18. -OL-Lq 19.�QYo�"�it. 20. �pW/t�e�le(L�"��i11G�QD�Q 21. 22. 23. 25 ..L'� 32. l 33.��(-ti 34. 35. 37.-�- Gc- 3 8 //v.'� 39. 9 4 0. 41. 43.op_ 44. ryyyy<2J Low/.�1 45. i.(U/Lt /�rJY[CTfLU-P 47. 48. C�ttUU✓ ry/y✓2�Y1/f 49. l 50. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS MOINES i rJ r WEithe undersigned citizens of IOWA CITY, petition the Iowa City Council to reject the current proposal of. the Transportation Department to terminate the 7:30 bus service on the Mark Four bus to west High for the following reasons: 1. The bus service is needed by over fifty students and faculty. 2. Use of bus services conserve energy and minimize car use at West high. 3. In the cold months of winter, sidewalks are often not shoveled by Christ The Icing Luthern Church and Westwind apartments until after school hours. Therefore, students using the bus that does not travel to WestvHigh must walk over one half mile in the cold over unshoveled walks. 4. Students are a group who often do not have resources to provide private transport- ation. 5. The "rush hour congestion" in the West high area is minimal and could easily be met by providing one express bus or encouraging use of the cambus which provides services to the students of the University. MCROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES B PETITION OF IOWA CITY RESIDENTS TO THE IOWA CITY COUNCIL ON THE MARK FOUR BUS 1.Ltbi%/ :� K/� 2.:' .',x , �.1 3. 4. 5. �G➢� li 6. ccG2� �ccnzc-� 7.L 8.,/oy f (( �� ,00 L1 9 •yVi11 i'u� tem 10. . 11. vQQi�c�a �eu-- 12. 13. 14. 15. 16. #)I!rl� 17. 18. 19., 20. 21. 22. 23- 24. 3.24. 25. ROUTE 26. LU 27.a,�Dt.�i., 2211 '. C'lUVU7 (l 39. G`I , 3'A. GrvcGL ��r�tf2p 34. 36. 36. 3$�Dn,�SI�C,Yn�ACYn.I.� ' 34.( � a9 39'. ✓ /I ¢. eel�,z 4� • LL c�711 P.vI/Q'ivV- 4�•. lrla�/Sd�w�v� 4'�1• �N'u:�.�- c� S rt, -,-F' lil i RC1. 46. 47.474/6,---- 4Q. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIS MOINES I 5, C'6,i.A�C).�rn 3'l. .3 9. 9, horrrra t 1 h �� I to »: yo. $, I(Ctx-V (I1�y1�wY�G�=1cYLJ yr, 16, nna 1-lr>1-c> 501 19.5g �Q��,�� • '�""`�/QeLliyL-� SGS. ay. 54. J5. b/• as, Uv, a��. �5 GG. �a. 0. 33. go, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18030 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINT14ENTS TO THE FOLLOWING COMMISSION: HUMAN RIGHTS COMMISSION Three vacancies - Three-year terms January 1, 1980 - January 1, 1983 The duties of the members of the Human Rights Com- mission are to provide for the general welfare of the citizens of Iowa City by studying the relation- ships of people of various races, colors, creeds, religions, nationalities, sexes and ancestries liv- ing within the community. To provide procedures for the operation of said Commission to eliminate prejudice, intolerance, bigotry and discrimination in the City of Iowa City, Iowa, by declaring dis- criminatory practices in the areas of public accom- modations, employment and the leasing, sale, finan- cing or showing of real property to be against public policy and to provide procedures for the in- vestigation of complaints and conciliation and to provide for enforcement. Z -32y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCs MOINES Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. The appointments to the Commission will be made at the December 11, 1979, meeting of the City Council at 7:30 P.M. in the Council Chambers. The actual terms will begin January 1, 1980. This will allow an opportunity for the appointees to attend meet- ings of the Human Rights Commission to become r' familiar with the duties of the Commission before accepting full responsibility. Persons interested in being considered for these position should con- tact the City Clerk, Civic Center, 410 East Wash- ington. Application forms are available from the Clerk's office upon request. ,Vf Z -32y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCs MOINES December 18,1979 HUMAN RIGHTS COMMISSION - threc vacancies for three year terms beginning January 1, 1980, ending January 1, 1983. S. H. Kamath 36 Arbury Dr. Niamoi D. Webster 634 Westgate #50 Jeffrey R. Portman 1202 Marcy James Monagan 806 Clark Street Esther Materon Arum 530 Terrace Road Eve Casserly 1311 Kirkwood Isabel Turner 1310 Cedar Street Ann K. Shires 301 Woodridge David L. Chrapkiewicz 922 1/2 S. Van Buren Richard I. Yates 213 Haywood Dr. Rusty Nancy Barcelo 1220 -3rd Avenue Joseph A. Penny 1025 Walnut St. Nancy A. Baumgartner 800 1/2 Kimball Road Sheri Alvarez-Heikens 1614 Dover MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIHES ADVISORY BOARD/COMMISSION AI'I'IICAIION FORM 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 tale 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. n DATE r� I ADVISORY BOARD/COMMISSION NAME%Y\fhnn F��j��J'� TERM NAME S 1' F A—M PY (] V ADDRESS e-� � PT-fL a 1'& (L q D � I� OCCUPATION I�"'4 `) TST J 1`-' -� � EMPLOYER (�Li�L'� r IC-C�' r PHONE NUMBERS: RESIDENCE 3 j - ' �) BUSINESS 3i — l EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: C. %)p C'A.u w WHAT 15 YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? a --L, >< r, ( nA- �) ";1 ,, c w� WHAT CONTRIBUTIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? 11/u,� -� �;� �•� � �� rte:.., �t ��_� ��,.�.,,�-� �) �}-�� I�t/�o.I. Specific attention should be directed to possible conf lict of interest i n I prn,jer:t. or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should ou a uncerta whethrr- or not a potential conflict of i terest exists, contact the Legal Oepte/yLi k1dof'twve.41. conflict of interest? _YES NO Knowing the length of term, are you willing to serve this term? OYES If you are not selected, do you want to be notified? p�YES _NO NBBIF $ Try LFUS If you are Pot appointed for the current vacancy, do you wish to be consi QWd Q1efeRK future vacancy? YE5 _NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n01nES ADVISORY BOARD/COMMISSION APPLICATION FORM .Individuals serving on Boards/Commissions play an important role in advising thr 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 tho 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. MR2167MUMMINUIL0 ADVISORY BOARD/COMMISSION NAME JA017)RO %I(o11TS C.oMnn15510I1 TERM 3gc(Lr5 NAME NLRmn1 0. I.UG65TCK ADDRESS 634 WESMATE W50 (1 I II f 5 7 r IO A. OCCUPATION M,Npr,� IroorhM ONsO��Gr,� EMPLOYER 0Frl oFI STgoENr h�7�ViT�LS PHONE NUMBERS: RESIDENCE S54 '14D3 BUSINESS sl) 1 I EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: G U;4,s� 7IN119 6�0kr.lur 1�q-7; uuram Ll"ons &nu^Ikun+� WAr,Y.t.ih M4. IQOa-76 n PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Til WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN APPLYING)? �urrv�n ski. 114ro41 E p.onrt THIS ADVISORY BOARD (OR STATE REASON IOR . -1%- .n--d-..-L.-1-- ..----'-`- PINTMEWWW"'d 61 90A 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? )k YES INO I F D U MV 14 1979 D If you are not selected, do you want to be notified? Y, YES NO If you are not appointed for the current vacancy, vacancy? k YES _NO ABBIE STOLFU:2 do you wish to be consWJVCWJ0 lut.urr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 90IIIES January 19/9 ADVISORY BOARD/COMMISSION APPLICATION FORM 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 Lhr 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 THF PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE Mia 11. /a-77 ADVISORY BOARD/COMMISSION NAME huylp �iCpl. (.,nr_:i✓� TERM -rl,,ae vt, NAMEJe grey (2. Mu.n ADDRESS 1Xc'2— i/u,l-E� L OCCUPATION RabdEMPLOYER A •r N OnN l�i, 11 1J:11� 1 f•Cvr�/. PHONE NUMBERS: RESIDENCE 33F a 5-73 BUSINESS 338 —u 11,P EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? i nc, 4wc 1•- '' /A/ ///�a 7 '/� $A4o c t,- ica_ r1RLy�C1l/ LVge-a' Rhcl ko4/� �44 .Nhl•rt[ L' WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY 1 BOARD (OR STATE REASON FOR APPLYING)? T W inuc(�t in 4L'1rt vrlj„4 Lcur1. qh 1, u pv1, v LC ,AR QhJ VOL ;eAl2 rClu;-44 in t- � /3vatrl. 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 ,-R Knowing the length of term, are you willing to serve this term? YESNI I II 11 NOV2 0 1919 IJ If you are not selected, do you want to be notified? USES NO LF ABBIE STOLFJy§ If you are not appointed for the current vacancy, do you wish to be consit�el� I n vacancy? YES _NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIn[S ADVISORY BOARD/COMMISSION APPLICATION FORM 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 arp3inLmenL wiii 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 -�19Z9 ADVISORY BOARD/COMMISSION NAME R'ehF� py/�nnitSj� TERM /980-198a NAME ADDRESS__Ab Cj"k S OCCUPATION EMPLOYER ' PHONE NUMBERS: RESIDENCE]/.3D�j9 BUSINESS �W*s L —627— f221 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? WHAT CONTI APPLYING)? ONS DO YOU FEEL_ YOU CAN. MAKE TO THIS • l / _ _ BOARD (OR STATE REASON FOR Specific attention should be directed to possible conflict of interest in Urban enewa prcj ect 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 v NO Knowing the length of term, are you willing to serve this term? /AYES 2NO �, r 1f you are not selected, do you want to be notified? // YES NO "tUr' NOV2 71979 L pp RR I�FC If you are not appointed for the current vacancy, do you wish to be con @e%f4T A.1 vacancy? y/ YES NO CLERK January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111[5 ADVISORY BOARD/COMMISSION APPLICATION FORM 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 oeriod allows new members to become familiar with the responsibilities and duties of hoard before becoming a full voting member. After a vacancy has been am rising period has expired, the Council reviews all applicatic �ssion. The appointment is announced at the next formal Cot, ipaid volunteers. All applications must be than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLI PUBLIC. ALL NAMES WILL BE Di ADVISOR/ BOARD/COMMISSION NAIN, NAME OCCUPATION PHONE NUMBERS: RESIDENCE I AND DISTRIBUTED FOR THE J. Y�� /'? i y RM cc 1 wP.3 _ 3 5.3 yS SIS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: 07240" ada/o'- WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? ` (/LG eGtM . & ,/7(WO (10770/K r�Cuea2"� C&O k Ila ca)a4( dy'y - Ooze hQccn �uca�Jxy a c ?,!Aa iinficvnce tai Qorn� �o r,,zP�m" �` WHAT CONTRIB it NS DO YOU FEEL YOU CAN MMAKE TO THS ADVISORY BOARD (OR STATE,REASON FOR APPLYING)? J'). 0,6A /.nrr�211J.7D Oji j�6t d WO -)Ai A dlm2C, #� �o�lr ccynec , 9 �ce.�'Aa,1 �Q wi// &( ha�yru rxI a 2ts� 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 f/ NO D Knowing the length of term, are you willing to serve this term? BYES N� C/ — �OV2 81979 If you are not selected, do you want to be notified? _YES _NO ABBI C S8 1979 TOLFUS If you are not appointed for the current vacancy, do you wish to be considFAR GrERKfut.urr• vacancy? AYES NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 appointment will be made. This 60 -day period provides for a 30 -day advertising day training period for new members. The trainingPrior to the date the with the responsibilities and duties of the advisory board before becoming p a,fullod nv period allows new members to become familiar voting member. After a vacancy has been announced and the 30 -day advertising Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meetineesg. Period has expired, the All applications must be submitted to the City Clerk no servelateras nthan oneaid u eekrpri.or 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 //— :2 - ADVISORY BOARD/COMMISSION NAME NAME t o r, TERM L'/e �as rr l ADDRESS ZJ1}� OCCUPATION��iiraoi5� _' C• PHONE NUMBERS: RESIDENCE EMPLOYER rg/Jl/ / j BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: 0 i WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? 11 WHAT CONTRIBUTIONS APPLYING)? DO YOU FEEL YOU CAN MAKE TO THIS �.�;,�-,_f-�l BOARD (OR STATE REASON FOR Specific attention should be directed to possible conflict of interest in Urban Renewal project or n 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 in conflict of interest? _YES KNO Y have a Knowing the length of term, are you willing to serve this term? YES p If you are not selected, do you want to be notified. ZN� 6 F D Y __YES _NO NOV' 91979 If You are not appointed for the current vacancy, do you wish to be cp p 0,t� vacancy? VG YES _,__,NO oh� Ci4$�i.e�►t"U$ January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RETAKE OF i DORM MICR�LAB - "CT SEFIES MICROFILMED BY JORM MICROLAB f.EDAR RAPI05.OLS '1010ES 0 ADVISORY BOARD/COMMISSION APPLICATION FORM 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 PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE -ZS 02nf-ry&&� / 9 Fy ADVISO714BLILU OARD/COMMISSION NAME til' t*n6l11 &;gLiO (8ryvyryiClSiJ)l TERM Cc I - SO io I'1' �NAME (Ii t /Y/2 ADDRESS 5 30 eaP_ PC EJ g did OCCUPATION Un li <afia Ocucie a EMPLOYER Q� PcaCGycti �I wl <Y»4IV W9 am. PHONE NUMBERS: RESIDENCE _ 3-5%p 3w )-4 BUSINESS 3 5 .3 LIS VS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: iYn Oop WHAT CONTRIB TI NS DO YOU FEEL YOU CAN AKE TO TH S ADVISORY BOARD (OR STAT REASON FOR APPLYING)? 1.��g ��"'2f 0'h& ' (. .U� Mri/ �i"Ud LLf07Ai.. W 41i4 . 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 D Knowing the length of term, are you willing to serve this term? B YESN� c/ — �OUZ 81979 If you are not selected, do you want to be notified? _YES _NO ABBIE STOLFUS If you are not appointed for the current vacancy, do you wish to be considEiP GrERKfut.ure vacancy? G"YES NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOInES xtz cv7x/)yu ffee wind �e2 _use cclln , to _Zv azzti )0'2 carr W&;4 . &tq. i. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE _ /� :2- P- ADVISORY BOARD/COMMISSION NAME 0 Fq P3�TERM_T NAME �i/e ADDRESS2, OCCUPATION e0 5� EMPLOYER PHONE NUMBERS: RESIDENCE —3s /" // �, _ BUSINESS 6—/Q -f_,3 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: V- WH�A%T IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? 1 WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Specific attention should be directed to possible conflict of intereShould you be uncertain whether Legal in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES K _ NO Knowing the length of term, are you willing to serve this term? 2C YES FJ 6 E D If you are not selected, do you want to be notified? _YES &_NO V2 91979 If you are not appointed for the current vacancy, do you wish to be c p q ump vacancy? �c YES —NO �� Ch January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs nOLIIES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE < Q.. 3 / 9 7 9 ADVISORY BOARD/COMMISSION NAME ZL_,, _'ter.-_._..:.JERM .3 NAME OCCUPATION-•� - PHONE NUMBERS: RESIDENCE 337- •/h//S� ADDRESS i.7io rA -0--&� y - EMPLOYER BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: v yr WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? ,or AV WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? 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 )C NO Knowing the length of term, are you willing to serve this term? YES N1 L D If you are not selected, do you want to be notified? YES _NO �DEC3 1919 If you are not appointed for the current vacancy, do you wish to be cofirillrgl gg10 jFIWra vacancy? _YES _NO Ci'M f 979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES � ADVISORY BOARD/COMMISSION APPLICATION FORM 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 adver ising period has expired, the Council reviews all applications during the informal work bpssion. 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 4g C. S- /979 ADVISORY BOARD/COMMISSION NAME _Y/[tm�u c/J1s TERM J gear NAME 14A.) rj i res ADDRESS 3o/ Lood r 'd q OCCUPATION Bioclhemis't EMPLOYER (�• loop PHONE NUMBERS: RESIDENCE 3.2 y— 7/`/% BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: � • ".-.,.Q s4—iH^'pa 'tc� a /lwc.-<.� /Jz o <./.ODuc� , .» d{e ('9fi.6iS�i+uaG+.��11•_.l ee„� oho wHAI CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? ezee ,, 0'1 I , i... „ _ .1 , __ i. Specific attention shouldIbe er or as defined in Chapters 362.6, or not a potential conflict of conflict of interest? _YES � ay pi o on�w.�' cted to possible conflict of interest in Urban Renewal project 403A.22 of the Code of Iowa. Should you be uncertain whether in erest exists, contact the Legal Dept. Will you have a NO Knowing the length of term, are you willing to serve this term? X YES 9NO I E D If you are not selected, do you want to be notified? YES _ NO DEC 5 1979 If you are not appointed for the current vacancy, do you wish to be conss�eBr O (,F U S vacancy? _YES _NO Lam+ January 1919 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOItIES ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council or 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 -Y R PERIOD. DATE Z 1&2 a ADVISORY OARD/C MM NAME OCCUPATION -i 9,.�, TERM ADDRESS - EMPLOYER dJon PHONE NUMBERS: RESIDENCE BUSINESS ACTIVITIE/Y ICH�YOU FEEL QUALIF!YOU FV THIS IS Y U�PYSEPT KINOWLEDG� OF THIS WHAT CONTRIBUT ONS YOU F APPLYING)?�� .Y "Spec,Tfic attention should be directed to possible conflict of i or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. or not a potential conflict of inteyest exists, contact the conflict of interest? _YES NO Knowing the length of term, are you willing to serve this teal? FOR i'f nteAst'in Urban Renewal project 5 ould you be uncertain whether Legal Dept. Will you have a -/ NI L DIf you are not selected, do you want to be notified? _ ES _NO DEC? 1979 If you are no appointed for the current vacancy, do you wish to be cyI♦tBi",gTMPd vacancy? _YES _NO CITgjaGURW1979 MICROFILMED BY JORM MICROLAB CEDAR RAP:OS•OLS '1011lCS C %llet, 1 t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MORTES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. �j n� �yD-ATE ('2'/(a1-79 ADVISORY BOARD/COMMISSION NAME j�fAe►^ )CE"z CdMW1t . TERM NAME/r—•' fc-j ADDRESS Z/3 f�Ilwvrof! �r. OCCUPATION fC y�lLaCdgcaz` EMPLOYER Wriw'^a CT CAM_ PHONE NUMBERS: RESIDENCE .33 If } 9 1— BUSINESS -5 EXPERIENCE AND/OR ACTIVIT/IESS WHICH YOU/FEEL QUALIFY YOU FOR THIS POSITION: _ �.u,<re... ll�--"-�. i�I.4.�-^^'- C.Cx-fie �dn• C�^-�'^—�1, 1+,... i .n.e J' . .Ti 5;6--tO, Ey4,vCr. u.% �•�t �GuJ • 44, 6I/Id- , A ^ i a- fird-Cro6AZ 6ln1h 46-04/ Irmrir.c Iw 4-�a e—.4, f'0(1 4 ttNN•. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? WHAT CONTRIBUTIONS DO YOU FEEL YPU CMAKES B ARD• (OR SATE REASON FOR APPLYING)? —7 wu,wGh��A�(."� /"-t 4..,cAAA4( 44 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 iU,erest exists, contact the Legal Dept. Will you have a conflict of interest? YES A NO Knowing the length of term, are you willing to serve this term? e/ YES NO If you are not selected, do you want to be notified? X YES _NO I D f If you are not appointed for the current vacancy, do you wish to be conlere'Ror' a 9u futurg,c vacancy? X YES _NO ABBJ i=- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'Io IIIEs ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council or 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 December 10, 1979 ADVISORY BOARD/COMMISSION NAME Human Rights Commission TERM 3 years NAME Rusty Nancy Barceld ADDRESS 1220 - 3rd Avenue,Iowa City,1A OCCUPATION Education EMPLOYER University of Iowa 52240 PHONE NUMBERS: RESIDENCE 354-1032 BUSINESS 353-3674 A. EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Asst. of Director Affirmative Action 1978-79 University of Iowa c s -11 un1ve-r-sTEyor Iowa Asst.Director Chicano Native American Programs 1975-76 University of Iowa Coordinator of Educational Opportunity Services 1973-75 University of Oregon Member Equal Employment Opportunity Committee 1973-76 University of Oregon B. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? (over) The Avisory Board Neview complaints of alleged violations of human rights in Iowa City. L2) Advising and reviewing policy relative to human rights in regard to local, state and f d aj� C. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? I would bring cultural diversity to the Bnard as well as experience in the area of minority affairs in an educational and general community setting. As a woman, I would be able to not onlv address (over) 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 i terest exists, contact the Legal Dept. Will you have a conflict of interest? _YES ND Knowing the length of term, are you willing to serve this term? x YES NOp'p� If you are not selected, do you want to be notified? _LYES _NO DEC /1 60 1 91 75 9 IILJI)I If you are not appointed for the current vacancy, do you wish to be considered.for-a4uture vacancy? , YES _NO January 1979 MICROFILMED BY JORM MICROLAB Unna RAPIDS -DE, '10111r5 A.(continued) Advisory Board Member of Upward Bound 1972-76 University of Iowa & University of Oregon Member, Committee on Status of Women 1978-79 University of Iowa Member, Chicano Native American Cultural Center 1970-79 University of Iowa Member, Civil Rights Commission State of Iowa 1972-73 Several presentations pertaining to minority and women's issues at conferences, workshops, etc. i C. general issues pertaining to women but to also address those'issnes which must be -viewed within a Chicana/ Latina perspective. My experience has allowed me the opportunity to work/interact with individuals from all levels of society. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE 1 t - 12 - -7 R ADVISORY BOARD/COMMISSION NAME HUmpn'RIQ S I.DVYInIISSI Oh TERM J Yrx(rS NAME TOsepl� /'1. �e�h� ADDRESS 1025 Wc1In—u� S4 - OCCUPATION '( AS+oyr�2.Y 5erVICe-- I��%' EMPLOYER First Natlovlal Bank PHONE NUMBERS: RESIDENCE BUSINESS 2>61V) K EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: kawa11edgei WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? 5411 i11B5 n ylLl (I I' �S�S e WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE. RVSON .FOR APPLYING)? ((s n i{��onG % 1+12eh! , T nwl a uja re, of rn apill.rnT it _ l ><r/ Ion S� akldarc6ms79 T7oa:� wdAw >Ltv Cf4I/. Naw_ (fAP.concern wi�A Ac(rnqn rlAts, anq want to worK - t�jh legal Ctianh'e16 tD 1TPr'0kt& c Ey Spe fic attention should be directed o ossi le 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 inte st 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? YES �, D If you are not selected, do you want to be notified? YES NO --FDEC1 2 1979 p CT If you are ngt appointed for the current vacancy, do you wish to be cons 1dirP�,4 'a QQAFrIJ S vacancy? ✓_YES _NO JanuaCy T519 MICROFILMED BY JORM MIOROLAB CEDAR RAPIDS -DES IIOIBES ADVISORY BOARD/COMMISSION APPLICATION FORM 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- with the resperiod ons biliitiesnew andmembers. dutiesThe of tthen d sory period boardallows beforemembers b comingbecome familiar 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 annouAll aid volnteers. aapplicationsthe next fmustlbeouncil submittedttogthe Appointees City Clerkenoeas laternthan oneu eek 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 ADVISORY BOARD/COMMISSION NAME_ TERMI1 V S �S— NAME [KcC�i/LVltG/C ADDRESS /(/((Q SC OCCUPATION I�dRij(¢t� EMPLOYERuI�(pgQY dC.wI�CS� (Jd�lw PHONE NUMBERS: RESIDENCE 33ff bLZ BUSINESS 3S 3-653% EXPERIENCE AND/OR ACTIVITIES /WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: pµ0U1d G✓V dAAAW-. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? WHAT CONTRIBUTE NS DO YOU FEEL ,y0 CAN APPLYING)? t/ y { ' Jam. . -a4W"� ck"VA_�' OR STATE RE SO FOR �. fi'0 S(Secofic attfention should be direafedt poss lYe conflict oyf i�nt�eres in Erban 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. conflict of interest? _YES _NO Will you have a Knowing the length of term, are you willing to serve this term? X YES AA (� O If you are not selected, do you want to be notified? X YES _NO If you are not appointed for the currentvacancy, do you wish to be Icons'dar�DECD1 3 1919 vacancy? x YES _Np AGDI ST61L�c1S Ol�1iGa4EW9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :10111ES ADVISORY BOARD/COMMISSION APPLICATION FORM 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 beer „?,day advertising period has expired, the Council reviews all applf ;al work session. The appointment is announced at the next fore- serve as unpaid volunteers. All applications mil k no later than one week prior to the announced appointment r THIS APPLICATION IS PUBLIC. ALL NAMES W, ADVISORY BOARD/COMM;1 NAME ' OCCUPATION PHONE NUMBERS: RESIDENCE EXPERIENCE AND/OR ACTIVITIES WHI 'EPRODUCED AND DISTRIBUTED FOR THE p*AR PERIOD. f72 TERM YOU FOR THIS POSITION: / LV �v A Y -7 y1 c Geo-.-•!�, , WHAT CONTRIB TIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REA!qN FOR APPLYING)? 2 qua: .�.,o 1. — /C/., Specific attL(ntion 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 int est exists, contact the Legal Dept. Will you have a conflict of interest? _YES 0 Knowing the length of term, are you willing to serve this termlYES NO O I D If you are not selected, do you want to be notified? ZES _NO DEC 13I If you are not appointed for the current vacancy, do you wish to be con §1PeF�O u �Cu S vacancy?,,,,- NO January 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEi wDul[s MOVED 1919 JOHNSON COUNTY BOARD OF SUPERVISORS COURT HOUSE IOWA CITY, IOWA 52244 PHONE: 1319) 338.5442 BOARD OF SUPERVISORS LORADA E. CILEH HAROLD M. DONNELLY DENNIS J. LANGENBERG DON BEHR JANET SHIPTON December 11, 1979 i j Iowa City City Council Civic Center Iowa City, Iowa 52240 Dear Mayor Vevera and City Council: The Johnson County Board of Supervisors were pleased to recommend the appointment of Michael Kattchee of 924 14th Avenue, Coralville to the Senior Center Commission during their formal board meeting on December 6, 1979. We know that Mr. Kattchee will do an outstanding job while serving on this committee. S ncerely, , )l Don-s Chairman DS:mis 05="' - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110 RIES 2325- rJ RETAKE OF PRECEDING DOCUMENT JORM MICROLAB TARGET SERIES MICROFILMED BY JORM MICROLAB ,:FDAR RAP105.OF, 10111ES J ADVISORY BOARD/COMMISSION APPLICATION FORM 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 appoi.ltment 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. DATEZ-72 ADVISORY BOARD/COMMISSION NAME s , _ a ,} Z TERM NAME [ ) e, -i 1are2_- ; &,,2 S ADDRESS 161111.66/IeT OCCUPATION ? fcr )l✓ EMPLOYER v PHONE NUMBERS: RESIDENCE_ j3 �� BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: N,1 11, 7,_ Yliwfun �'o �i.Licl�e-vi o-.% a,.•�« /:•..tLy G.. nvJ�L • (i.ttG 7�C O -C: - WHAT CONTRIB�JTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REAS FOR APPLYING)? � a �ue.�.��e, / //A /,,.-, e'.__. _4 i Specific att6 tion 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 int est exists, contact the Legal Dept. Will you have a conflict of interest? _YES 0 Knowing the length of term, are you willing to serve this term?YES NO O � D If you are not selected, do you want to be notified? ZES _NO DEC 13I If you are not appointed for the current vacancy, do you wish to be conA P �� uu S vac a ncy?,,e,-- YES _NO January 1979 111;7.- - .-_- -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES JGL�-o-•- �-r� c�i GQaas+� QC.to.i� �ho aU 7lLtn ✓J d�, 4Yi-oi.r. ��- i a�,%i.�_�.C�:� s��,-./^ Gri,/-<-EL• � (.c �/�a.��a. �G'o �)�Jyu.�c/moi �r....-e- Qo tet% 010 i �J// �,! CCS.I ..IsN �,�Jc �,u�l 1.+ ��J /✓v,('v`^! q/C✓ �{�—�.�✓�A✓�C.� 2ry MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES REUCIVED C 1979 JOHNSON COUNTY BOARD OF SUPERVISORS COURT HOUSE IOWA CITY, IOWA 52244 PHONE: 1319) 338.5442 BOARD OF SUPERVISORS LORADA E. CILEN HAROLD M. DONNELLY DENNIS J. LANGENBERG DON BEHR JANET SHIPTON December 11, 1979 Iowa City City Council Civic Center Iowa City, Iowa 52240 Dear Mayor Vevera and City Council: The Johnson County Board of Supervisors were pleased to recommend the appointment of Michael Kattchee of 924 14th Avenue, Coralville to the Senior Center Commission during their formal board meeting on December 6, 1979. We know that Mr. Kattchee will do an outstanding job while serving on this committee. S ncerely, , 'bon�Sl ehh' Chairman i DS:mis 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES WXM RESOLUTION NO. 79-573 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL 82-1b). WHEREAS, the City of Iowa City, Iowa, and North Bay Construction, Inc., entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979, which contract has been recorded with the Recorder of Johnson County in Book 550, Page 95; and, WHEREAS, the parties deem it desirable to enter into an agreement amending said contract so as to extend the scheduled time for conveyance of land from the City to North Bay Construction, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IWOA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and North Bay Construction, Inc., extending the scheduled time for conveyance of said land until June 25, 1980. 2. That the City Clerk is directed to certify a copy of this resolution and said agreement to the Recorder of Johnson County, Iowa. It was moved by Balmer and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Balmer _X Lynch X_ Erdahl _.&_Neuhauser X_ Perret X Roberts X_ Vevera Passed and approved this 18thday of December 1979. MAYOR ATTEST: 11e n. CITY CLERK P Rc•:oi+oi e h.ppMv(!c 11' Do L02al 1)epar'rren4 j i ,2332. MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES URBAN RENEWAL AGREEMENT This Agreement entered into between North Bay Construction, Inc., hereinafter called Redeveloper, and the City of Iowa City, Iowa, hereinafter called City, amending the Contract For Sale of Land For Private Re- development between the Redeveloper and the City entered into on June 25, 1979. Schedule C of Part I of said agreement is hereby amended to read as follows: TIME FOR CONVEYANCE PARCEL NO. DATE 82-1b Upon request of the Redeveloper, but not later than June 25, J 1980. I Dated this 18th day of December, 1979. NORTH BAY CONSTRUCTION, INC. CITY OF IOiYA CITY, IOtiYA 7• B�,'—`J/,c lccCJ.c,L// ��' : By I Mayor I Attest: rl City Cle k i 1 Roco vad & Approved gy 7tw Legal Depafinont MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES MOIREs y � r. City of Iowa C1 --j MEMORANDUM Date: December 12, 1979 To: City Council From: Larry Chiat, Acting Development CoordinatorA8 Re: Urban Renewal Parcel 82-1b ((((//�� On June 25, 1979, the City and North Bay Construction, Inc, entered into a contract for the Sale of Land for Private Redevelopment. This contract provided that the date for conveyance of Parcel 82-1b to North Bay would be no later than six months after execution of the contract. This six month period will end on December 25, 1979. However, Norm Bailey, president of North Bay, has recently indicated to the staff that he has encountered difficulties in obtaining permanent mortgage financing. These difficulties are apparently directly related to recent Federal Reserve Board actions which have resulted in extremely high interest rates and the tight money market. The developer does expect to obtain a mortgage commitment next spring, therefore is requesting a six month extension of the time for conveyance of title to this urban renewal parcel. The attached agreement will amend the original contract to provide for this six month extension. The staff recommends adoption of the resolution authorizing execution of this agreement. bdw3/3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS M0 RIES I RESOLUTION N0. 79-574 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR THE ACQUISITION OF REAL PROPERTY AOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the Public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest contracts for the purchase of the real property referred to below for the amounts designated opposite each Parcel: Parcel No. Purchase Price 3 $69,000 It was moved by Roberts and seconded b Resolution as read be adopted, and upon roll call there werealmer that the AYES: NAYS: ABSENT: X Balmer X Lynch X — Erdahl X Neuhauser X Perret x Roberts X Vevera Passed and approved this 18th day of December 1979., MAYOR ATTEST: I CITY CLERK RECEIVED & AYtIiU+:iil BY TJW LEGAL DEP RTIMIT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES itoulEs 2333 M i RESOLUTION NO. 79-575 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT - UST -M -4051(1)--8U-52. WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa has been awarded the contract and has furnished adequate performance bond and insurance certificates for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 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 upon concurrence of the Federal Highway Works Administration. It was moved by Roberts and seconded by Lynch that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of December 19>2• Mayor ATTEST: � ' City Cler MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BECEITO S APPROVED 13Y .TBE LEGAL DEPARTMENT a3 3V TORY ."aI. ..TT .....T. CONTRACT I.PIOI.OR.GRADE ¢ PCC PA1 .� .ILEI X369 — CpST�I IN CITY OF IOWA CITY ONODf EL( -TR 0-TRZR3-lTHEET-30UfiAEALY'z-FICEr; TI THIS AGREEMENT MADE AND ENTERED 01 AND BE TWE EM THE TITY OF 01 NO. 16566 U •M -4051(1)--8U-52 MEYIIV —P'HY GII'F1TTT�IL� � p---1.�L1'T---�-- PARTY OF THE FIRST PART AND 9125 1 FOR AND IN CONSIDERA710M OF S . JD . PAYABLE AS SET FORTH IN THE SPECIFICA. 10 SUPPLY VARIOUS MATERIALS OR SUPPLIES IN ITEM - ITEM NO QUANTITY UNIT UNIT PRICE AMOUNT _ 1 PAVEMENT, STANDARD OR SLIP FORM P. C. CONC.. CLASS C. 10 IN. 7.437 SQ. YDS. 19.75 146,880.75 2 PAVEMENT. STANDARD OR SLIP FORM P. C. CONC., CLASS C. 8 IN. 35,085 SQ. YDS. 14.69 515.398.65 3 DRIVES, P. CP CONCRETE, 6 IN. 840 SQ. YDS. 18.00 15,120.00 4 SIDEWALK, P. C. CONC., 4 IN. 42.850 SQ. FT. 2.05 871842.50 S ASPHALT CEMENT CONCRETE, SPECIAL SURFACE COURSE 141 TONS 75.00 10,575.00 6 RIPRAP 118 CU. YDS- 12.00 1.416.00 7 SEWER, 2000D STORM, 12 IN. DIA. 1,665 LIN. FT. 15.00 24.975.00 8 SEWER, 2000D STORM, 15 IN- DIA• 901 LIN. FT. 17.25 151542.25 9 SEWER, 2000D STORM, 18 IN. DIA. 872 LIN. FT. 21.00 18,312.00 10 SEWER, 2000D STORM, 21 IN. DIA. 618 LIN. FT. 19.75 121205.50 11 SEWER. 2000D STORM, 24 IN. DIA. 628 LIN. FT. 24.50 15,386.00 12 SEWER, 2000D STORM, 27 IN. DIA. 157 LIN. FT. 29.00 41553.00 13 SEWER, 2000D STORM, 36 IN. DIA. 608 L.IN. FT. 38.40 23,347.20 14 SEYE RL,,'.;2000D STORM, 48 IN• DIA. 15 SEYEIp•�OOOD STORM. ELLIPTICAL 152 LIN• FT. 80.00 12,160.00 91 INe``0Y 58 IN. 150 LIN. FT. 165.00 24050.00 16 APRONS, CONCRETE, 12 IN. DIA. 2 ONLY 145.00 2'10.00 PARTY OF THE SECOND PART CERTIFIES BY HIS SIGNATURE ON T41S CONTRACT. TINDER PAIN OF PENALTIES FOR FALSE CERTIFICATION, THAT HE HAS LOAIPIIEp •� .I1. IIT 11181 OF THE 1915 CODE OF IOWA AS AMENDED.IF APPLICABLE SAID SPECIFICATIONS AND PLANS ARE HEREBY MADE A PART OF AND THE BASIS OF THIS AGREEMENT, AND A TRUE COPY OF SAID PLANS AND SPECIFICATIONS IS NOWON •ILC IN THE OFFICE OF THE PARTY OF THE FIRST PART UNDER DATE OF _AUGUST 9, 1979 THAT IN CONSIDERATION OF THE FOREGOING, THE PARTY OF THE FIRST PART HEREBY AGPEES TO PAY THE PARTY OF THE SECOND PART, PROMPTLY AND ACCORDING TO THE F THE THE TO THE CONDITIONS SET RTO THATTHET104S THE PARTIES HERETO AGREENOTICE. ANDINSTRUCTIONSUNTS PIODf RSI THE PRO OSAI ILED NFRF,INSE r ORTH IN THE THE GENERAL SPECIFICATIS. ONS OF 714E IOWA DEPARTMENT OF 1977 TRANSPORTATION FOR TOGETHER WITH SPECIAL PROVISIONS UST—M-4051frT—_ 6_U—_7 ATTACHEO. TOGETHER WITH THE GENERAL AND DETAILED PLANS, IF ANY, FOR SAID PROJECT IUGE THE R V TH NST RUMEN CONSTITUTE THE CONTRACT BETWEEN THE PARTIES HERETO SECOND PART Y'S HE gr ORMANCE WHO. ARE MADE A PART HEREOF, AND TOGETHER WI TH TH'S TNAT IT IS FARTHER UN DERST00D AND AGREED BY THE PARTIES OF THIS CONTRACT THAT THE ABOVE WORN SHALL BE COMAENCED OR COMPLETED IN ACCORDANCE W IH SHF TOLL OWING SCHEDULE APPROX. OR SPECIFIED STARTING DATE SPECIFIED COMPLETION DATE —_ OR NUMBER OF WORN IN G DAYS OR NUMBER OF wORHING DAYf 125 WORKING DAYS AUG. y. 1980 THAT TIME IS THE ESSENCE OF THIS CONTRACT AND 1411 SAID CONTRACT CONTAINS ALL DT INC. TERMS AND CDMOITIONS AGREED UPON BY THE PARTIES HERETO. IN WI TNF.SS WHEREOF IN( PARTIES HERETO BAYF SE 1 THEIR BANDS FOR TME PUPPOSE IIF.PPN WRISSFB TO INN AND THREE OTHER IDENTICAL INSTRUMENTS AS OF 1HE_18Eh DAYoF_ De&elA.ber CITY OF IOWA) CITY, IOWA PARTY OF THE FIRST PAN �— METRO PAVERS, INC. OF IOWA CITY.IOWA .' BEST 'A R Y 0 N )LGONO 'ART MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES '10111ES DOCUMENT AVAILABLE i sn i PERFORMANCE AND PAYMENT BOND 402 78 70 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers, Inc. IowaCi Iowa Here Insert the name an address or ego tit e o tie Contractor a Principal, hereinafter called the Contractor and American Home Assurance Compan Here insert the ego title o tie Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the ONE MILLION TWO HUNDRED FIFTY SIX THOUSAND NINE Owner, in the amount of HUNDRED EIGHTY TWO AND 35X100 ----------------- Dollars ($ 1,256.982.35 -------- ) 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 December 18 , 197_, entered into a Contract with Owner for Johnson County Project No. UST -M -4051(1)--8U-52 In accordance with drawings and specific :tions prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 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 PB -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•0Es MOINES obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 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 cast 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 paid by Owner to Contractor. 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 _ None (0) from the date of'acceptance of the improvements by the Owner. n PB_2 0;�7._. MICROF:LMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIMES D. No right of action shall accrue to or for the use of any person ox corporation other than the Owner named herein or the heirs, executors,' administrators or successors of Owner. IT IS A FURTHER CONDITION OP 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 con- tracts 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 18th DAY OF December A.D., 19 79 . IN THE PRESENCE OF: METRO PAVERS INC. kL-1 vtf i rtness 11 AMERICAN HOME ASSURANCE COMPANY urety C �L ) � Lxt e orney-in-Pact PB -3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINEs American Home Assut..,rce Company National Union Fire Insurance Company of Pittsburgh, Ps. Princlpd Band Office: 102 Maiden Lem, New Yak, N. Y. 10006 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No. 45-B-21400 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ----- C.B. Condon; G.A. LaMair, II; Carl J. Grant, Jr.; James E. Thompson; James F. Norris; F. Melvyn Hrubetz; of Des Moines, Iowa ------ its true and lawful Attornoy(s)-in-Fact, with full authority to execute on its behalf bonds, undortakinug, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business , and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents �� Je�elurraa A let 1g78 . A. Wileteralan, Asert vice President STATE OF NEW YORK ll COUNTY OF NEW YORK On this lot day of named Ofaber tgZ� c 4 Clore me came the above named officer of Amelcen Home 3 .-•— s C//7/fs7� Assurance Company and National Union Fire Insurance Company g m17yf O Of Pittsburgh, Pa, to me genitally known to be the Individual and : A \0i A Nesey OuDI eOt.A Officer described herein, and acknowledged that he executed the 1 (18� ,� k. Sisk d 14, y foregoing Instrument and affixed the Mals of said corporation to OF pe NO- 41.4620280Oublid 1, r the,eto by authority of his dines. Caa,�s a Fapiro aAluch 2Ngw CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa, on May 18, 1976: "RESOL ED, that the man the Board, the nt, Or any ,,present and act la andonbehalflof the Company to execute bonds, undertakkings, raeognlnndea red othernt be, and hereby Ik icontracts of Indemto appoint nity end writito ngs obligatory in the nature thereof, and to attach thereto the corporate Mel of the Company, In the trmsadllon of it. surety business•, "RESOLVED, that the signatures and attestations of such Officers and the MN of the Company may b affixed to sty ausil Power of Attorney, or to any certificate relating thereto by facilmile, and any such Power of Attorney or certificate barring such aaceknlb n y such or facsimile of A Mal dlail to valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognlnnce Or other contract of Indemnity Or writing obligatory in the nature lharao(; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing rmludom still be In effect My InW1 in such certification the date thereof. Mid dote to be not later then the date of delivery thereof by such Altormy-In-FaeL" 1, Marion E. Fajen, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa, do hereby certify that the foregoing excerpts of Resolutions adopted by the Bards of Directors of these corpora• tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile Mal of each corporation 23240 (5/1 r) a 115 RIO this L tFHay of December1979 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r10IMEs MSrlon E. Fs)an, Secnlary 4COrd , NAM[ AHO ADON(5$ Of AC[NGY COMPANIES AFFORDING COVERAGES LaPtair-PILL1ock-Condon Co. 907 Walnut Street `OMPnn, AH u Y A Iowa National Mutual As Maines, Iowa 50309 Ins. Co. COMPANY VAMC µD AODRE55 tX INBREED LL 1111' B Metro Pavers, Inc. COMPANY EfTrip C P.O. Box 251 Iowa City, Iowa 52240 iPnin"Y U COMPAIN E nON This is to certify that Policies of insurance listed below have been Issue(, 10 HIC Insured named above and are in force at this COIMPANI — -time. LETTER INFECT INSURANCE POLICY NUMNLR IYRICY LImho La It n pu,an , GENERAL LIABILITY 1,1'111AIION nor[ --p------- EACHA OCCURRENCE AGGREGATE ' COMPIRDRNHuRM aSIVI CCC u0 128 602 11-25-80 BODILY INJURY E51J-YI/ $ 500 rLT�^JI LM PREMISES-OPE BAT IONS ! EXPLOSION AND COLIAPS1 HAZARD PROPERTY DAMAGE 3200 , 200 ® UNDERGROUND HAZARD ® PRODUCISiCOMPIt1[U j OPERATIONS HAZARD ®CONTRACTUAL INSURANCE ® BROAD FORM PIOPENIY BOOILYINIURYAND PNOPERTYDAMAG[ DAMAGE l COMBINED 1 INDEPEN DEN CON r RAC TORS jl[L t Eljr PERSONAL INJURY A AUTOMOBILE LIABILITY PERSONAL INJURY f SOO CCC 80 128 602 IN25-8D COMPRInTNSFVF t - BOpILYNIY INJURY f 250 1014h,1 CIY ([AILNJURY OWNED BODILY INJURY 1 500 (E(EACHACCIDE III unrzn Ihl NONOYiNEU PROPERTY DAMAGE $ 9rY� 44YY BODILY INJURYAND A EXCESS LIABILITY _ PROPERTY DAMARE f -� COMBINED r� UMBRFIIA FORM CXL 4e 113 158 —i-25 80 1- Inx OHILRIHANUUHIB IIO"IIYINJU11IND L -J LA PROPLHIYDAMAGE 11,000 1 1,000 I FORM COMBINED A WORKERS' COMPENSATION _ and WC90 1166 127 l _ I 25-80 STATUTORY -EMPLOYERS', LIABILITY ---- OTHER - f - -� ._____. ___. 100 Ilrn¢a1A nn OESCRO•TION Or OPERA TIONSILOCArONS,VCRICl CS Johnson County Project No. UST -M-405 1 (1)--8U-52 i Cancellation: Should any of the above described Pan will }Q �'�xx?cxxacxxx�cx�c�c�c>Qcxsxxx�c Policies be Cancelled before the expiration date thereof. Ble issuinP com- Y mall -1D_ da s wlitf('n notice In the bPlnw nampr r i ir, le holder. KX.Y- A1FXJ{}f NAME ANDAUpRl5S 01'CLRIIFIGIL VIII pIH City of Iowa City, City Engineer Iowa DAnISSDEn__December 13. 1979 _ 410 E. Washington 8>:x•L:et LA tIAIR - MULOCK - CONDON CO. Iowa City, Iowa 1 52240 \ C AL 1lonu[D R 'E srYHAnv[ -ca --_ _— ACOpp +5 ITB 11 771 . i:a.. t•VIM�.'.Iv1 1 ��1,{ I I F �nr�T I IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES i RESOLUTION NO. 79-576 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT THREE TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTED REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA WHEREAS, it is in the public interest to provide a Senior Center which will meet the recreational, cultural and educational needs of the elderly of Iowa City, and WHEREAS, the City of Iowa City has acquired the old Post Office located at Washington and Linn Streets in Iowa City, and WHEREAS, the cost of the construction has increased from $1,000,000 to $1,200,000, and WHEREAS, the fee for architectural services no longer reflects the increased scope of the project, i NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor execute Amendment Three to increase the total budget for construction from $1,000,000 to $1,200,000 and increase the architect's fee from $90,000 to $108,000; and to amend the project schedule. It was moved Balmer and seconded by rerret the Resolution be add opted, and upon roll call there were: AYES: NAYS: ABSENT: I X Balmer -- Lynch x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 18th day of December 1979. MAYOR ATTEST: CITY CLERK Raeived 6 Approved By T� al Deparhmnt �2_3 367- MICROFILMED S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIEs AMENDMENT N3 AMENDMENT TO SERVICES AGREEMENT OF MAY 16, 1978 BETWEEN THE CITY OF IOWA CITY AND WEHNER, NOWYSZ, PATTSCHULL & PFIFFNER FOR THE SENIOR CENTER PROJECT This agreement, made and entered this 18th day ofDecembe,r 1979 by and between the City of Iowa City, herein after referred to as the City, and the firm of Wehner, Nowysz, Pattschull & Pfiffner, Architects, herein after referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project; this document amends portions of the original contract signed May 16, 1978, in addition to Amendments 1 & 2 signed April 10, 1979. I. SCOPE OF SERVICES; Phase B, Sections j and k are hereby amended to read as follows: j. The Architect shall provide refined cost estimates, reflecting additional information generated during the Design Development Phase. Such estimates shall take into account all applicable City policy decisions and budget limitations. If the Architect's cost estimates for construction exceed the amount budgeted for this project ($1,200,000), the Architect will redevelop this phase at his expense. k. Furnish the City with ten (10) copies of the Design Development Documents for review by the City. Phase C, fifth paragraph is hereby amended to read as follows: The Architect shall furnish the City with ten (10) copies of the specifications and contract drawings for a final review by the City. II. PERIOD OF SERVICE; Section a is hereby amended to read as follows: a. The Architect will complete the phases of this project within the times listed below. The Architect will make every effort possible to facilitate total completion of construction prior to February 1, 1981. Phase A - Schematic Design - Schematic designs shall be submitted to the City for public review no later than April 16, 1979. Based on citizen, agency, and City Council comments, yet consistent with the architectural program, the schematic design will be amended and returned to the City no later than May 3, 1979. Phase B - Design Development - Finish no later than September 5, 1979. Phase C - Construction Documents - Finish no later December 1, 1979. Phase D - Bidding and Construction - Bidding and contract work shall be coordinated with the construction schedule to facilitate use of the facility February 1, 1981. � 33S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES !Io InES 2 II. PERIOD OF SERVICE; Section c is hereby amended to read as follows: Section C. The Architect will complete interior design special services within the times listed below: Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 February 15, 1981 State Grant Completion _Dates April 15, 1979 May 11, 1979 May 15, 1979 February 15, 1981 VI, lowsCOMPENSATION FOR SERVICES; The section is hereby amended to read as fol: The City agrees to pay an amount which shall not exceed $108,000 for Performance of Phases A, B, C and D described in this agreement. Payment for services shall be made monthly, based on statements submitted by the Architect. Such statements will summarize services rendered and costs incurred. The maximum payment for services ("not to exceed" amount) is based upon the project budget of one million two hundred thousand (.$1,200,000). If the project budget is increased, the Architect's fee may be renegotiated. Phase A - Schematic Design - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for this Phase shall not exceed $16,200. Phase B - Design Development - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A and B shall not exceed $43,200. Phase C - Construction Documents - The Architect shall be paid a fee based unpon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B and C shall not exceed $81,000. Phase D - Bidding and Construction - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B, C and D shall not exceed $108,000. The remainder of Section VI, from the original contract remains in force with no changes. The undersigned do hereby state that they agree to stipulations of this agreement which will be executed in triplicate, as though each were an original. ,-233Y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs 1101nES 3 FOR THE CITY: WE41NM NOWYSZ, PATTSCHU L PFIFFNER: ROBERT A. VEVERA, MAYOR _R0 EARNO WEHN ABBIE SIOLFUS, CITVCLERK WI Rocoivod & Approved By The legal Dep'&m°t ,233S-- MICROFILMED 2.•3.3.5" MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES RESOLUTION NO. 79-577 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING REHABILITATION PROGRAM WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves forgivable loans, as a method of financing property rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Housing Rehabilitation Forgivable Loan Program. It was moved by Perret and seconded by Hrdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x — Erdahl X_ Neuhauser x Perret x Roberts x Vevera x Lynch Passed and approved this 18th day of Decemhar , 1979. MAYOR ATTEST: ou", CITY CLERK Received & Apprwad By The Legal Department a.3 3/ct MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I Comment: This Resolution authorizes the City to approve a Housing Rehabilitation Program. Only Forgivable Loans will be authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. The manual contains much of the same language found in previous manuals dealing with past Housing Rehabilitation Programs. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES City of Iowa ,--.- MEMORANDUM Date: November 20, 1979 To: Members of City Council, Housing Commission and Citizens Committee on Community Needs From: Michael Kucharzak Re: Rehabilitation Procedural Manual Attached is your copy of the procedural manual proposed for use during the((, last year of the Community Development Block Grant program. The manual contains much of the language found in previous manuals dealing with the rehabilitation program and the emergency and home winterization grant programs of previous CDBG program years. The staff has received input from the Council and boards and commissions and has incorporated the recommendations into the body of the procedural manual. Specifically, the eligibility requirements for rehabilitation assistance in this our fifth year of federal funding are: I. That the structure be in need of repairs to conform to the City of Iowa City Housing Code. 2. That the structure be a single family all residential building. 3. That it be owner -occupied. 4. That it be located in the Council designated "403" area. 5. That the maximum income of the applicant's household be not in excess of income ceilings as established for the Section 8 program in Johnson County by the Department of Housing and Urban Development. 6. That the maximum liquid assets of the applicant's household be limited to not more than $10,000 for one person, $15,000 for two persons and $20,000 for a three person household; applicants who are 60 years of age or older may have assets up to $25,000 for a one person household and $30,000 for a two person household. 7. The forgivable loan offered by the City shall be in the amount necessary to bring the building into compliance with the Housing Code or $15,000 whichever is the lesser. 8. The forgivable loan shall be covered by a lien recorded at the courthouse which shall decrease 20 percent of its original value for each calendar year that the recipient continues to reside in the rehabilitated homestead. At the end of five years of continuous occupancy following rehabilitation the lien will expire. 9. The lien shall be removed and the loan forgiven if one of the owners residing in the property rehabilitated with the benefit of a MR MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDlrJES s .� 2 forgivable loan either dies or permanently enters nursing care facilities. The above-mentioned criteria are similar to the previous forgivable loan programs administered by the City the following major differences. First, previous forgivable loans were limited to $5,000, however, they were "piggybacked" onto $5,000 grants. This year we are proposing $15,000 forgivable loans. Secondly, previous forgivable loans carried a decreasing lien over three years. We are proposing a decreasing lien over five years. Thirdly,previous forgivable loan programs were open to low- income people both elderly and non -elderly. Due to limited funds in this our last program year, we are limiting forgivable loans to elderly households only. We hope that this criteria meets mutual approval and we look forward to immediate service of the clients already registered with the City for rehabilitation service. A progress report will be presented by the staff early in 1980. bdw2/12-13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES } , tv I wa _ CHAPILR 1. GENERAI 1. LEGAL AUTHORITY. Loans are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. w. 2. DEFINITIONS. Following are definitions of various terms as used with respect to rehabilitation activities. a. Disabled. For the purposes of this program a person shall c be considered disabled when that person receives social security disability compensation or disability compensation tia ' from other public assistance organizations. 19 b. Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who are sixty (60) years of age or older. i C. Family. The applicant's family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the same dwelling unit. d. Liquid Assets. Property that can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and bonds. Equity in the dwelling to be rehabilitated or a motor vehicle when used for 1 transportation to and from employment or school is not considered when computing liquid assets. e. Owner. Means one or more natural persons who hold legal 1 title to a property to be rehabilitated. , I f. Owner -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that ` contains one dwelling unit. f j g. Repair Cost. The total cost of repairs or improvements incurred by the owner that are includable in a j rehabilitation contract, whether or not financed in part with funds from other sources. h. Rehabilitation Officer. An employee of the City's Department of Housing and Inspection Services charged with the duties of administrating the specific aspects of the rehabilitation program. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS 1. GENERAL. This chapter covers City Council provisions required for the making of rehabilitation loans, sources of funds to be used for making loans, program reimbursement for advanced fees, and the costs in connection rehabilitation loans that are eligible projects costs. 2. PROJECT FINANCING. Rehabilitation loans may be made only if there exists a City Council resolution approving the area for rehabilitation and a sufficient appropriation of funds to finance said loans. a. Inclusion of Loan in Pro'ect Budgets. The amounts for rehabilitation loans shall be included in the Community Development Block Grant budget as approved by rhe City Council. b. Source of Funds for Rehabilitation Loans. Funds to cover an approved rehabilitation loan shall be provided by the City from project funds in accordance with the procedures established herein. 3. ELIGIBLE PROJECT COSTS. The costs described below, related to The processing of rehabilitation cases are eligible project costs in a neighborhood as approved by the City Council. Provision shall be made for these eligible pr ojcosts in the budget which is appropriate for the program involved.ect a. City Overhead and Third -Party Contracts. The following co sts incurred in the processing and administering of rehabilitation loans are eligible project costs, to the same extent as costs incurred for other eligible project activities. (1) City cost for staff salaries, wages, and general over- head. (2) Costs incurred under contracts or agreement with organizations, firms, and individuals for technical and professional. Contracts and agreements for the provision of technical or professional must meet the City requirements for the third -party contracts as to form and methods of solicitation and execution, and shall be concurred in by the City Attorney's office and the City Manager. b. Other Costs Related to Loans. With the exception of those costs set forth in paragraph 3.a. above there are no other costs related to the processing of a rehabilitation loan application that may be included in charges arising from the processing of a loan application that may be eligible Project costs. 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101tIE5 C. Advancing -Funds for Includable Costs. As necessary, the C ty sha 1 advance proect un Wsio pay for processing fees, credit reports and charges for title reports and recordation fees. I i ^I 1 I _1 I � J I I ' J I � 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CHAPTER 3. COST INCLUDABLE IN REHABILITATION LOANS 1. GENERAL. A rehabilitation loan may be made when a component of tWe—structure is malfunctioning or has deteriorated to a point so as to be a violation of the Housing Code. Upon completion of inspections. repairs, the structure must pass Iowa City Housing code 2. INCLUDABLE COSTS. Costs includable in a rehabilitation loan are t e costs o : correcting incipient as well as actual violations of the Housing Code, building permits and sales tax as described below: EMENT OF R qulrement of Che Housing Code,. When necessary a rehabilitation to loan t a may fbe used, to the extent necessary for: a. The rehabilitation or removal of elements of the dwelling structure, including basic equipment, and of other improvements to the property such as garages, fences, steps, walkways, and driveways. The term "basic equipment" includes such items as heating furnace, water heater, and electrical and sanitary fixtures. b. The provision of sanitary or other facilities, including the provision, expansion and finishing of space necessary to accommodate those facilities. C. The provision of additional or enlarged bedrooms, if required by the Housing Code. d. Grading, filling, or landscaping of the grounds, if required by the Housing Code. e. Buildin Permits and Related Fees. A loan may provide that to areover the required to carry Outgther pro and related fees orrective work. However, since the constructionpc ntractosed cdocuments ordinarilywill require he contract o wouldbe included inthe contract act amount. cost f. Sales Tax. Since the construction contract is a private contract between a property owner and a private contractor, the grant proceeds may be utilized to pay for required sales taxes. The contractor shall be required to include sales tax in the bid price. 3. WORK WRITE-UP. The City staff shall prepare a work write-up in actor ante w th this manual, to document the repair work to be financed with a rehabilitation loan. 4. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repa r cost may exceed the amount o the loan. In such cases, n u MICROFILMED BY JORM MICROLAB CCDAB RAPIDS -DES Hojtl[s the loan will not be made unless the applicant can provide whatever additional amount is needed to assure completion of the work so that the property will meet at least the Housing Code. If the rehabilitation loan will not be sufficient to pay for the repair cost to meet at least the Code, the staff shall not w approve the loan unless the applicant can furnish supplementary funds sufficient to complete the work. w 5. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary funds from sources other than the rehabilitation loan, evidence that actual funds are available shall consist of verification and documentation by the staff that the applicant + can deposit the required amount in a rehabilitation escrow account. P. t � I 'r I I 1 A+ i I J t I 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101MES 8 CHAPTER 4. FORGIVABLE LOAN 1. GENERAL. This section sets forth the eligibility requirements n�regards to the property and the applicant for a rehabilitation loan. Loans are available to all eligible owner -occupants of single family residential properties which are located in the neighbor- hoods designated by the City Council. 2. APPLICANT ELIGIBILITY. To be considered for a forgivable loan, the appl cant must be in compliance with the following criteria: a. Be the owner -occupant of a single family dwelling which is located in the City Council designated neighborhood service area. b. Be eligible for the forgivable loan determined on the basis of the following income and asset limitations: (1) Maximum Income. Have an adjusted annual income for the household which does not exceed: $9,650 for a 1 person household $11,000 for a 2 person household $12,400 for a 3 person household $13,750 for a 4 person household $14,600 for a 5 person household $15,500 for a 6 person household $16,350 for a 7 person household $17,200 for an 8+ person household (2) Have Liquid Assets not in excess of: (a) Applicant under 60 years of age or who is not disabled: $10,000 for a 1 person household $15,000 for a 2 person household $20,000 for a 3 person household (b) Applicant over 60 years of age or who is disabled: $25,000 for a 1 person household $30,000 for a 2 or more person household (3) Monthly Income Considerations (a) The City would collect and report the following toss monthly income data: 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES (1) Base pay for Head of Household, spouse, Other family members. (2) Any other, earnings (other jobs, etc.) (3) Net income from property being rehabilitated etc.* minusme operating expenses) rage rental, (4) Any othor income source (interest, etc.) (5) Income from social security, pension, annuities, general relief, ADC. (b) The C� would then adust down the income of the household by deduct ng: (1) 10% of 3a-1 through 4 above for Federal, State and local taxes and (2) 25% of 3a-5 above for fixed income consideration. (3) $25 for each child under 18 years of age or a full time student dependent residing in the home to be repaired. 3. LIMITATION ON THE AMOUNT OF FORGIVABLE LOANplicant may receive. The amount of a rehabilitation forg vable loan that an ap shall be limited by the following: For an applicant whose income and liquid assets are in accord With the established formulas, the loan amount shall not exceed the lesser of: a. The actual (and approved) cost of the repairs necessary to make the property conform to the Housing codes as applicable or minimum energy conservation measures. The amount shall be established in accordance with this manual. b. $15,000 per household. 4• TERMS AND CONDITIONS. a. Forgivable loan to homeowners shall be secured by a lien against the property. b. Amortization. (1) If the repaired property is sold or transfers ownership prior to the first year anniversary of the grant, 100% of the lien shall be called due. (2) If the repaired property is sold or transfers ownership prior to the second year anniversary of the loan, 80% of the original lien shall be called due. The remaining 2D% is forgiven. (3) If the repaired property is sold or transfers ownership prior to the third year anniversary, 60% of 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[.s rlon1ES the original lien amount shall be called due. The remaining 40% is forgiven. (4) If the repaired property is sold or transfers ownership prior to the (4th) fourth year anniversary, 40% of the original lien amount shall be called due. The remaining 60% is forgiven. (5) If the repaired property is sold or transfers ownership prior to the (5th) fifth year anniversary, 20% of the original lien amount shall be called due. The remaining 80% is forgiven. (6) Any sale or transfer after the fifth year anniversary _ would mean that 100% of the original lien amount would be forgiven. C. Penalties. In the event the loan recipient(s) fail to pay, j the lien amount, or a portion thereof as prescribed in 5b(2)(3)(4)(5) above, when due, the whole principal amount of the lien shall become due and payable at the option of the City without notice. The loan recipient(s) in case of suit thereon, agrees to pay reasonable attorney's fees. i j I I I 8 I MICROFILMED BY JORM tVINCROLAB CEDAR RAPIDS -DES 1101RES �a CHAPTER 5. PROCESSING AND SUBMISSIONS PROCEDURES 1. GENERAL. This chapter contains an outline of the functions to be performed by the staff in connection with a rehabilitation loan, and sets forth the policies and procedures to be followed by the w staff in preparing, processing, and approving an application for and in canceling an approved rehabilitation loan. 2. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by the staff in connection with a rehabilitation loan. Functions a. Advise applicant on the general program objectives and explain the application form which must be completed in full. b. Advise the applicant on the availability and benefits of the rehabilitation loan and other City and private programs and resources for financing repairs. C. Determine the eligibility of the applicant for a rehabilitation loan. d. Inspect the property. j e. Prepare a work write-up and cost estimate of the repair work needed. f. Obtain evidence that ownership of the property has been verified. This may include the property deed or other evidence that the staff has received verification from public records that the applicant is the owner of the property. g. Verify applicant's income, housing expense and assets. h. Establish amount of loan applicant may receive. i. Advise the applicant of the conditions under which a loan is made. J. Prepare construction contract documents and obtain contractor's proposals for repair work and review proposals received as requested by owner. E MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES DATE: CASE NUMBER: PROMISSORY NOTE REHABILITATION LOAN PLACE: CDR -7961A For value received, the undersigned jointly and severally promise(s) to pay to the order of the City of Iowa City acting by and through the Director, Department of Housing and Inspection Services the sum of The full Principal on this Note is payable on the transfer of the property prior to the first year anniversary of this Note. - Transfer of the property prior to the second year anniversary of this Note would require 80% of the Principal to be called due. The remaining 20% would be forgiven. Transfer of the property prior to the third year anniversary of this Note would require 60% of the Principal to be called due. The remaining 40% shall be forgiven. Transfer of this property prior to the fourth year anniversary of this Note would require 40% of the Principal to be called due. Transfer of the property prior to the fifth year anniversary of this Note would require 20% of the Principal to be called due. After the fifth anniversary date of this Note, 100% of the Principal will be forgiven. Should the property be damaged to such an extent that the amount of money stated in this promissory note exceed the value of the dwelling located upon the premises, the note shall be forgiven. Damages resulting from wanton or reckless conduct on the part of the borrower or with his/her consent shall not fall within the scope of this proposal. Also any transfer resulting from the death or incapacitating illness of one or more of the undersigned would mean 100% of the Principal will be forgiven. In the event the undersigned shall fail to pay the Principal, or a portion thereof, when due, the whole amount then unpaid shall become due and payable at the option of the holder without notice. The undersigned, in case of suit hereon, agrees to pay attorney's fees. All Endorsers agree to all of the provisions of this Note, and consent to the times of payment of all or any part hereof. In witness whereof, this Note has been duly executed by the undersigned, on the _ day of , 19 Sworn and subscribed to before me this day of 19—. Notary Public In and for Johnson County, Iowa. MICROFILMED BY JORM MICROLAB CHAR RAPID$•DCS MOINES -' k. Prepare Promissory Note, contracts and CDR-7660 for signature(s), obtain applicant's endorsement, and encumber monies for loan. 1. Assist applicant, as may be required, in execution of construction contract, and deliver to owner and selected contractor. M. Make final inspection of completed repair work.. Close building permits as applicable. n. Have owner obtain from contractor guarantee - of work, manufacturers' and suppliers' warranties, and release of liens from general contractor, subcontractors, and suppliers prior to final payment for contract work. o. Issue Form CDR-7945, certificate of completion. p. Prepare Statement of Disposition of Funds and closeout finance records. 3. PROCESSING AND APPROVAL OF LOAN APPLICATION. Processing by the staff U1 an application for a rehabilitation loan consists of the completion of the functions listed below, items a. through c., assembly in one file of the Form CDR-7660 and all supporting documents, and the review of the file to determine approval. a. Pre oration of Form. The staff shall prepare Form CDR-7660 or gena ani copy) for the applicant, based on information furnished by the applicant and obtained by the staff from other sources, as documented in the file. Every space provided for an entry on Form CDR-7660 shall be completed. Entries of money amounts shall be made rounded to the nearest dollar. If no money is involved for an entry for a particular application, the entry shall be "none". Review and approval by the Director of Housing and Inspection Services of Form CDR-7660 shall be based on the form completed in this manner. b. A royal of A lication for Loan. The Director of Housing and Inspection Services s hal approve a Form CDR -7660 by — obtaining the applicant's signature in block I, and by signing block J, on both the original and the copy of the form. If the loan alone is sufficient to repair the property, or if the loan is to be supplemented by other funds and the staff is assured that the property will be repaired to meet manual requirements, the loan is considered to be approved, and the staff may notify the applicant, and proceed with the remainder of the functions for which it is responsible in order to complete the repair work. 10 MICROFILMED BY JORM MICROLAB CEDAk RAPIDs•DFs MOIthEs C. Loans Not Approved. If the staff determines that Form CDR - 7660 cannot be approved, a written statement of the reasons for the determination shall be put in the application file. An application number shall not be assigned to a Form CDR - 7660 it does not approve. d. Record Kee in . The originals of the completed approved orm C R-7660 and contract(s) shall then be retained in the property file with the supporting documentation. 4. LOAN CANCELLATION. An approved loan may need to be canceled because the appl cant has requested cancellation or is unwilling or unable to proceed with the repair work, or for other reasons. a. Cancellation Letter. To cancel an approved loan the staff s a- prepare a atter in accordance with Appendix 1, and distribute the letter as follows: 1. Original to applicant. 2. One copy to the property application file. b. Notification to Finance. If funds for the canceled loan have been trans erred into the loan account, the staff shall notify Finance to return the amount originally deposited back to the administrative account. 11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOIHCS CHAPTER 6. TERMS AND CONDITIONS UNDER WHICH FORGIVABLE LOANS ARE MADE 1. GENERAL. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a forgivable loan. 2. FORGIVABLE LOAN CONDITIONS. The specific terms and conditions with respect to an forgivable loan are incorporated in Form CDR - 7660. The applicant shall agree, and by signing Form CDR -7660 does agree to: a.Civil Rights. Comply with all applicable City requirements W'15 respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, sex, j sexual orientation, or national origin in sale, lease, rental, use, or occupancy of the subject property. b. Cancellation of Loan. Return of the loan proceeds with no right, interest or claim in the proceeds, if the loan is canceled before the repair work is started. C. Use of Proceeds. Use of loan proceeds only to pay for costs of services and materials necessary to carry out the repair work for which the loan will be approved. d. Completion of Work. Assure that the repair work shall be carried out promptly and efficiently, through written contract let with the prior concurrence of the City. e. Inspection. Inspection by the City or its designee of the `1 property, the repair work and all contracts, materials, _JJ equipment, payrolls, and conditions of employment pertaining to the work. ,w f. Records. Keep such records as may be required by the City with respect to the repair work. g. Recapture Clause. The applicant shall agree to repay the ^' full amount of the loan or that amount determined by the City if the applicant is found to be ineligible as a result 1 of incorrect or fraudulant information on the approved Form .„ CDR 7660. h. Interest of Certain Federal Officials. Not permit any member, or Delegate to the Congress of the United States, and no Resident Commissioner, to share in any proceeds of the loan, or in any benefit arising from the same. i. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City approval of the loan application, or any other approval or concurrence required by the City or its designee, to complete the repair work, financed in whole or in part with the repair loan. 12 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nOIIIES k j. Interest of the City. Allow no member of the governing body of the City of Iowa City, and no other City official of the locality who exercises any functions or responsibilities in connection with the administration of the federally assisted project or program, and no other officer or employee of the City who exercises such functions or responsibilities, to have any direct interest in the proceeds of this grant, or in any contract entered into by the applicant for the performance of work financed in whole or in part with the proceeds of the repair loan. 13 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 410111Es CHAPTER 7. FUNDING OF INDIVIDUALLOANS ANO MANAGEMENT OF ACCOUNTS I. GENERAL. This chapter sets forth policies for funding the in- dividual loan and also the policies for City management of loan funds. 2. FUNDING REPAIR LOANS. When an assistance has been processed and application for financialapproved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for loans. Program budgets will be established annually by the City Council according to local, state and federal funding availability. 3. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supplemental funds are utilized to complete a project, these funds are collected when the application is approved and deposited into the program account awaiting disbursement. An entry of fund receipt shall be made in the program account ledger. The Iowa City Department of Finance is responsible for depositing the check and reporting the transaction in the department computer printout by case number and finance program. 4• MANAGFMFNT fir TU[ nrn.... MII private repair program funds,Jshall LVICbeldeposItedACnOaNnon- interest earning bank account. Accounting records will be maintained to keep private funds separate from other City funds. a•Separate Case Numbers for Each Program Partir , Rehabilitation Officer will assign case be to each program applicant. The accounting computer printout will log all credits and debits according to assigned case numbers. b. Disbursements of Repair Funds. Disbursements from repair funds will be authorized by the Director of Housing and Inspection Services. submiittedtothe Depar ment of Finance propequest will rlyprepared identifying the case number and expenditure. The Rehabilitation Officer will maintain a file of all invoices and receipts. The Department of Finance will prepare a check as - directed, payable to the grantee/borrower and the payee for the following purposes, as may be appropriate: _ (1) Make payments for repair work. (2) Closeout individual repair accounts by appropriately disbursing any unutilized funds remaining in the repair account. 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IDES C. U. e returnA check to grantee funds in repaiir accountshall be madepayable to the grs anteeonly.the Transmittal of Checks. The Rehabilitation officer sll able to secure the endorsement of ehe The Rehabilee on h tatioecks nay0fficer the grantee and the pay shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progres payments shall be accompanied by an explanation of the computation. Disputes. In the event a dispute exists between the grantee and the contractor with respect to then repair ate work,actiothe Rehabilitation Officer shall take appropriate accordance with the provisions of the construction contract to assure that the grantee is satisfied before making any payment to the contractor. Ad'ustment and Closeout of the Case Account. Usually disbursements made for the purposes stated under paragraph 2 will closeout the case account. However, if unutilized funds remain in for individual cases because the actual repair costs were less than anticipated or far other reasons, the unutilized funds shail be disbursed as follows: (1) If all the funds were provided by a loan, the unutilized funds shall be disbursed to apply to the administrative account, the source from which they came. (2) If the loan was supplemented by private funds, the unutilized funds, up to the amount of the private con- tribution, shall be disbursed to the grantee. 15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES V CHAPTER 8. DETERMINING WORK TO BE DONE WITH 5 YEAR FORGIVABLE LOANS 1. GENERAL. This section sets forth the responsibilities of the Rehabilitation Officer for determining to brithe repair work necessary ng a property into conformance with the requirements for a home rehabilitation program and for providing assistance in the repair of the property. In carrying out these responsibilities, -- the Rehabilitation Officer shall: a. Inspect the property. b. Make a preliminary work write-up and cost estimate of the work to be done. C. Consult with and advise the owner on the work to be done, and the availability of a rehabilitation loan. -. d. Prepare a final work write-up and cost estimate as the basis for a loan and for contracting for the repair work. 2. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a statement prepared by the Rehabilitation Officer based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. 3. SPECIFICATIONS IN CONSTRUCTION CONTRACT DOCUMENTS. Each spec- ification in a construction contract document shall be written so that it provides a clear understanding of the nature and scope of the work to be done, and a basis for carefully determined bids and proposals from contractors. Each specification shall show the nature and location of the work and the quantity and type of iw;terials required. The specifications shall refer to manufacturers' brand' names or to association standards to identify the quality of materials and equipment required, and may make provision for acceptable substitutes. If the work write-up is sufficiently comprehensive, it may itself be used for the specifications, without any cost estimate figures or distinctions as to work required or not required. 16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 CHAPTER 9. CONTRACTING FOR REPAIR WORK 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a 5 year forgivable loan. Repair work shall be undertaken only through a written contract between the loan. Whenever possible the contractor and the recipient of the owner shall be encouraged to obtain their own bids and enter into the repair contract with little or no City involvement. The Rehabilitation Officer shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. ontract shall st a Form a single ment form provided bycthe City and signed by ofby the contractor and accepted by the homeowner, only following approval of the repair loan. It shall contain a bid and proposal by the contractor. b. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained before the Director approves Form CDR -7660 for the repair loan. 2. GENERAL CONDITIONS. The Rehabilitation Officer shall prepare general conditions" for use in all construction contracts for the repair of the property. 3. SPECIFICATIONS AND DRAWINGS. Specifications, based the work ing write-up and illustrative sthe ketches, if any, which a air lan specific repair work for each property oRehn litationrOfficeroor will be made shall be prepared by contractor. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, and to avoid misunderstandings with the bidder. The specifications and drawings shall be based on the work write-up resulting from an intstpectionn ofthe athe property The and interviews, as indicated, specifications shall clearly establish the nature of the work to be done and the material and equipment to be installed. Each page of the specifications and drawings shall be numbered and shall contain identification that includes the name, address of owner, and the date of the specification. 4. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her property. If the owner does not know of a contractor, the staff shall provide the property owner with two contractor names from the list of contractors — maintained at the Department of Housing and Inspection Services, s been b. Invitation to Bid. accords— n9 Paragraphe Sha. thecontractor the a homeownerlshall 17 MICROFILMED BY JORM MIOROLAB CEDAR RAPIDS -DES MOINES contact the selected con,.ractor and invite him/her to bid the proposed repair. The Rehabilitation Officer shall meet the contractor at the subject property at an appointed time to assist in the inspection of the property and to facilitate obtaining a bid. C. Bid Review. Upon receipt of the bid proposal from the bidding contractor, the homeowner shall review the bid for completeness and accuracy making special note to assure that the specifications have been adhered to. d. Acceptable Bid. An acceptable bid is one that upon review under 5. c. above, is not in excess of 10% of the Rehabilitation Officer's estimate. Where two or more bids have been obtained, the lowest acceptable bid shall be recommended to the owner for approval. In the event no acceptable bids are received, the homeowner shall reject all bids and the owner shall select another contractor and repeat the bid process. e. Maintenance of the Contractors' List. (1) The Rehabilitation Officer shall be responsible for maintaining a list of all contractors who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -7946: (a) Adequate active liability insurance [see 2.h.(1) above]. (b) The name of his company bank. I i (c) The names of his usual subcontractors. (d) The names of his principal suppliers. j (e) The names and addresses of at least two (2) resi- dential repair or construction jobs. (f) Iowa City contractor's license as applicable. i — (2) The Contractor List shall be maintained in a conspicuous place within the Department of Housing and Inspection Services office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g., general contractors, electrical, -' plumbing/heating, masonry, dry wall, etc.). 6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the loan properly execute the contract with the assistance of the Rehabilitation Officer. 18 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES a. Issuance of Proceed Order. At the time the award is made, the Rehabilitation fflcer shall remind the applicant and the successful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 days of Cutoff Date. In ord:r for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. C. Contract Award. The award of a construction contract shall be accomplished by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the executed contract to documents as follows: (1) Executed original retained by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Rehabilitation Officer. 7. LABOR PERFORMED BY OWNER IN REPAIRING PROPERTY. a. T e of Work and Skill of Owner. A property owner may com- plete some or a l of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demolition of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature, and work involving the extensive installation of costly materials and equipment, are appropriate if the Rehabilitation Officer is assured the property owner has the ability and experience required to do the work properly without supervision, or that he/she has sufficient skill to do the work properly with technical advice and guidance from the Rehabilitation Officer. b. Provision for Self elp in Loan. Whenever self-help is necessary, Indicated, or desired, and the Rehabilitation Officer considers that with or without its technical assistance and guidance a property owner will be able to Perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a loan on that basis. In such a case, the amount of the loan would provide 19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es funds to pay for the materials and equipment to be installed by self-help, as well as any additional funds needed to pay for other work to be performed by a contractor. The loan shall not include funds to pay the owner or members of his/her family for their labor. Further, the Rehabilitation Officer must exercise good judgment and prudences as to avoid a situation in which an owner could place himself or herself in financial difficulty through improper use, installation, or even destruction of the materials and equipment purchased with loan funds. For this reason, the owner should understand that the proceeds of a loan to pay the supplier for materials and equipment involved in a self-help will be disbursed from the loan account by the staff, only after they have been properly installed. C. Coordination with Contractor. When some of the repair work is to be performed through self-help, and the remainder is to be completed by the contractor, the Rehabilitation Officer should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Rehabilitation Officer should urge the owner and contractor to make their own arrangements on the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self- help efforts, and will assure that when all work is finished, the property will comply with the City loan requirements. 9. OTHER PROVISIONS I a. The Contractor Shall: Indemnify and hold harmless the owner, the owner's employees, the City Manager, and the y City's employees from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based 1 upon or alleging bodily injury, including death, or property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be by himself/herself or by any subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the interests of the owner and the City as the same may appear, and shall file with the owner and the City certificates of such insurance. 20 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES HOIRES b. Correction of Fau ty Work after Final Payment: The approval of the Request for ayment by the Rehabilitation Officer and the making of the payment by the owner to the contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. 21 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES rdo LlrEs ■ 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabi litation Officer determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy), Distribution, Form COR -7945 shall be distributed as follows: 22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIOIn ES CHAPTER 10. INSPECTION OF REPAIR WORK I. GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in forgivable loan. whole or in part with a 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Officer shall make inspections of construction work in cases involving a repair loan. To accomplish this, the Officer shall make: Rehabilitation (1) Compliance inspection, as necessary, to assure that the construction work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspection Division, as be may required, shall accompany the Rehabilitation Officer on the final inspection and shall provide the Rehabilitation Officer with a written report of their findings. ..� 3. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: I .-1 a.Inspections. Upon completion of the repair work and receipt of the contractor's invoice containing his certification of satisfactory completion of the work in accordance with the contract .� and his warranty, the Rehabilitation Officer shall arrange for inspection of the completed work. i b. Making_ Payments. When the inspection determines that the wurK is satisfactorily contract, thehomeowner completed shaob ainnfromothencontractorha release of liens, and a copy of each warranty due the owner for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the homeowner payment. shall make 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabi litation Officer determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy), Distribution, Form COR -7945 shall be distributed as follows: 22 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIOIn ES (1) Signed original to the property owner. (2) Signed copy retained in the property file. 5. ONE-YEAR GUARANTEE ON WORK BY CONTRACTOR. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the contractor to correct significant defects and inadequacies in the work performed under this contract. For this reason, the Rehabilitation Officer shall inform the owner of the guarantee requirements upon completion of the contract. The contractor must be given written notice with reasonable promptness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the loan, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Housing and Inspection Services will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staf'l, upon owner request, will prepare a letter for owner's signature, notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the City Attorney or Iowa City Licensing Board for appropriate action. (6) If the contractor fails to respond to the request for cor- rection within the time specified: (a) The homeowner will take any necessary action to have the defects corrected, including but not limited to paying the reasonable costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from con- tracting any other repair work under any loan program — administered by the City. 23 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES w i� 6. REHABILITATION OFFICER - OWNER - CONTRACTOR RELATIONS Rehabilitation Officer's Responsibility and Authority: The Rehabilitation Officer shall observe the work on behalf of the City, and will provide general assistance during construction insofar as proper interpretation of the loan requirements is affected. The Rehabilitation Officer and owner shall decide, when necessary, any and and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Rehabilitation Officer will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his employees. For the same reason acceptance by the homeowner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. .J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MOINES 24 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MOINES CHAPTER 11. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income for the purposes of a 5 year forgivable loan on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considerations related to the type of project area in which the property is located. 2. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a listing of the elements comprising income for purposes of a repair loan. Exclusions from income applicable in special circumstances are stated in paragraph 5 below. a. Portion of Income Derived from Roomers. If the property will contain rooming units, that portion of an applicant's income that is derived from roomers shall be reported on Form CDR -7660, block C, line 3, as a net figure determined as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be repaired is the gross rental income, less expenditures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more years of mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property for one or more years, the staff shall estimate the income and expenditures on the available experience. (2) Allocation of Expenditures to Roomers. The allocation of expenditures of the roomer may be established by determining the percentage of floor space that is used exclusively by the roomer(s). The allocable expenditures shall be reduced by the percentage of floor space as calculated above. b. Applicant Who Is a Person. Income of an applicant includes the income of the applicant and his family. The applicant's family includes the applicant and any other person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. If ownership of the property rests in more than one person, the applicant is each owner and family. The applicant's income, therefore, is the sum of the family incomes of all applicant. An applicant's income is established on an annual basis, at the time of applying for a loan and includes: 7.5 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nolrlEs W (1) The applicant's earnings (2) Spouse's earnings. (3) Other family members living in the home, if their employment is a definite characteristic of family life. Excluded is the income of an adult family member, other than the applicant and spouse, who does not have an ownership interest in the property, but included are any funds contributed or paid to the family, on a regular basis by an excluded adult family member. (Such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally or physically disabled children. (4) Other income regularly received by applicant or his family. (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011![s (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgages principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or more years, the staff shall estimate the income and „ expenditures on the available experience. -a { 4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported on Form CDR -7660, "Total Present Monthly Income of Applicant." 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. I a. Loans. Deduct the following amounts from gross income: (1) $40 per child per month (child must be living in the home, under 18 years of age, or full-time student dependent). (2) Deduct 10% of gross income for taxes (persons not retired or disabled), OR see (3). 26 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011![s (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. 27 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIDES r "ICPOFWif5 s, JORM MICROLAB 1/ -. parks & recreatiOn- de artment MEMO P tQ; Neal Berlin ,from. Dennis E. Showalter re. Hickory Hill Park and dat e . December 7, 1979 Oakland Cemetery There are at present 619 burial plots of various kinds available for sale at the Oakland Cemetery. This does not include any of the areas on slopes or low lying ground, which is considered less desirable by the average lot buyer. By continuing the present practice of filling in some of the low areas, in the near future there will be another 300 plots available. The cemetery has sold an average of 46 plots per year since 1974; however, since we raised our prices to be more competitive with private cemeteries, this figure has gone down to 20 spaces sold in 1978 and 21 to date in 1979. If the 21 spaces is going to be the average, we have enough plots at present to last 30 years and, as mentioned above, we will be creating more spaces all the time. I recommend that we not expand the cemetery proper into Hickory Hill Park. It doesn't appear to be necessary, and I think a great many citizens will oppose this. MICROFILMED BY JORM MIMOLAB CEDAR RAPIDS -DES IIOIRES ORDINANCE NO. AN ORDINANCE DEDICATING CERTAIN CITY PROPERTY FOR PARK PURPOSES. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that SECTION 1. PSE. The purpose of this ordinance is to dedicateURPOcertain city property for park purposes. SECTION 2. ENACTMENT. The following described land situation n Johnson County of the State of Iowa is hereby dedicated for park purposes: Beginning at the Northeast corner of the Northwest Quarter of Section Eleven (11), in Township Seventy-nine (79) North Range Six (6) West of the 5th P.M., running thence South 1308.5 feet, thence West 1324 feet to the West line of the Northeast Quarter of the Northwest Quarter of said section, thence North on said line 1306.5 feet to the North line of said Section; thence East 1330 feet to the place of beginning, containing 39.83 acres The south one-half of the southeast quarter of the southwest quarter (SkSEhSA) and the south one-half of the southwest quarter of the southeast quarter (ShSVASE$) of Section 2, Township 79, Range 6, West of the 5th P.M., containing forty acres more or less. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: I CL 1, MATOT_ "HROFIV4F:u R• JORM MICROLAB , .. , ,: 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 cor.;ideration Vote for passage: 1'.r"IIT:,, S acanriufD B, JORM MICROLAB ?!tteonu+eo n• JORM MICROLAB City of Iowa Citt'; r- MEMORANDUM DATE: December 14, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from the City Manager regarding the Capital Improvement Program.. Letter from Ames Engineering and Testing Company regarding CDB Streetscape Improvement Project, Phase II. Memorandum from Senior Center Coordinator regarding Senior Center constructil Memoranda from the Finance Director: a. FY 81 budget revenue projections and financial status b. Purchase of New Library Site C. Purchase of land from CDBG d. Assistant Transit Manager/Designated Bus Stop Signs - Memoranda from the Department of Public Works: a. FY 81 State Transit Assistance Memoranda from the Department of Planning and Program Development: a. Riverfront Improvements - Rock Shore Drive Trail _ b. New Proposed Zoning Ordinance and Map Review and Adoption Schedule _ Memorandum from Housing Coordinator regarding Section 8 Preliminary Proposal - New Construction. Memorandum from Iowa City Crisis Intervention Center regarding fiscal and s program activities, July 1 - September 30, 1979. Minutes of staff meetings of November 21, 1979, and December 5, 1979. Newsletter for Lower Ralston Creek Neighborhood, December 1979. Legal brief of complainants, Thomas J. Miller and Linda Eaton. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORTES City of Iowa C!'y MEM®RANUUM DATE: December 18, 1979 TO: GENERAL PUBLIC FROM: DALE HELLING, ASST. CITY MANAGER RE: AMENDMENT TO INFORMAL AGENDA Special Informal Meeting of the Iowa City City Council at 7:30 P.M., Thursday, 12/20/79 in City Manager's Conference Room: 7:30 P.M. - Capital Improvements Program Presentation (Staff) 9:00 P.M. - Report on Freeway 518 (Staff) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES td01RES a 33q City of Iowa City MEMORANDUM Date: December 13, 1979 To: Cit Council From: Cit Manager Re: Capital Improvement Program Attached 'a the may. At the iformal Council ses ion of 1December 17,Capital ro1979,�tthe ostaff gram willrlrpresent additional information concerning these projects. As we discussed previously, the detailed Capital Improvement Program will be submitted to you at a later date based upon the comments, questions and suggestions which develop in our discussion next Monday. bdw/sp MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a�s9 0 S FY81 C.I.P. (PUBLIC WORKS) 1. PROJECT: RALSTON CREEK CHANNEL IMPROVEMENTS COST: FY81 Reserve fund for land & property purchases along the entire channel. Engineering from F Street to Memory Garden Cemetery. FY82 Construction of project from F Street to Memory Garden Cemetery. Engineering from Glendale Court to Sheridan Ave. & Sheridan Ave. to F Street. FY83 Reserve fund for land & property purchases along the entire channel Construction of Glendale Court to Sheridan Ave. & Sheridan Ave. to F Street. $450,000 $ 50 000 500,000 $441,000 55 000 496,000 $185,000 300 000 4 5, 0 12/79 FY84 Construction and engineering Washington Street to Clapp Street $610,000 GRAND TOTAL $2,091,000 Description - Construction of two dry -bottom detention ponds on the north branch and south branch of Ralston Creek will reduce flood flows on the creek. The existing channel must be improved to handle the remaining flows after storage of a major portion of storm water runoff. These channel improvements will improve the carrying capability of the creek so that it can carry the ten year flood in most locations and the 100 year flood in that section of the creek from Glendale Court to Sheridan Avenue and from the river to Gilbert Street. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES W ■ FA 2. PROJECT: NORTH BRANCH DETENTION STRUCTURE COST: FY81 $909,450 Descriation - This project provides for the construction of a dry -bottom detention structure with a height of approximately 30' above the creek bank. The length of the structure is 580' and the width at the top is 16'. The average width at the base will be 240'. The structure will reduce peak flows from 3,703 cubic feet per second to 264 cubic feet per second in the 100 year storm directly below the dam. 3. PROJECT: SOUTH BRANCH DETENTION STRUCTURE COST: Previous Years $597,303 FY81 608 400 Total $1,205,703 Descripion - This project provides for the construction of a dry -bottom detentiotn structure across the south branch of Ralston Creek at Scott Boulevard. The structure will be an earth filled embankment approximately 19 above the creek bed. The dam will be 71' wide at the top and approximately 190' wide at the bottom with four to one side slopes. 4. PROJECT: EQUIPMENT SERVICE BUILDING IMPROVEMENT PROJECT COST:2�lt /� stock pile cover -""Do- Fuel island facility 48,000 Locker room 12,000 Traffic Engineering 36,000 Machine room & equipment office and restrooms 84,000 $264,000 FY82 Vehicle storage building, phase 1 6000 sq. ft. @ $40/sq. ft. FY83 Vehicle storage building, phase 2 6000 sq. ft. @ $45/sq. ft. SOO- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES W0111ES $240,000 $270,000 y`;eou ._. 91 FY84 Warehouse space 5000 sq. ft. @ $50/sq. ft. $250,000 Landscaping and fencing 42 000 $22tM GRAND TOTAL $1,066,000 Des�criPtion - Development of the equipment service building garage at the R vei rside Drive site began over 20 years ago. As the equipment fleet has increased in size, the facility has continued to be used with only minor modification. The City's fleet has increased three times in size while the maintenance facility has remained the same. This project will remedy safety deficiencies, poor working conditions, lack of storage, lack of the physical facilities needed to repair equipment, and lack of warehouse and office facilities. ! S. PROJECT: TRANSIT SERVICE INCREASE/FACILITIES AND COACHES COST: 1. Bus garage, Garage area for 40 coach operating facility. 21,000 sq. ft. @ $40/sq. ft. $840,000 i 2. Operating base with office, lobby and employee area. i 5,400 sq. ft. @ $50/sq. ft. $270,000 3. Bus wash facility building. 2400 sq. ft. @ $40/sq. ft. $ 96,000 i 4. Equipment washer, cyclone cleaner, fuel pump/tanks. $ 96,000 5. Site improvements including roadways, parking area, fencing, lighting, landscaping. $123,000 i 6. Bus equipment repair area. 5000 sq. ft. @ $50/sq. ft. $250,000 I � 7. Major equipment systems (hydraulic lifts, exhaust system, compressed air system, paint booth) $120 000 Subtotal $1, 9955,E Architectural fees $179,500 Subtotal $1,974,500 20% contingency and inflation $394,900 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M 4 TOTAL OF TRANSIT FACILITY $2,369,400 Cost of Transit coaches 12 coaches @ $125,000 per unit $1,500,000 GRAND TOTAL $3,869,400 This would be split between years as follows: FY81 $726,000 FY82 $3,143,400 Description - This project is construction of a new transit facility and purchase of 12 buses to allow 15 minute time periods between buses. This project will allow the citizens of Iowa City to choose the mode of transportation in Iowa City for many years to come. The project proposal would double rush hour service during peak hours and would provide one- half hour headways, as we now have, during off-peak hours. This program provides for a 5000 square foot repair area, a new 21,000 square foot bus transit storage facility to store 34 buses and purchase of 12 new coaches. The operating budget of transit would increase by approximately $200,000- $300,000 per year. Because adequate Federal funding for this project probably will be delayed at least several years, the City Council may wish to submit this proposal to the vote of the electorate. If approved by the voters, the project could be expedited. I 6. PROJECT: BUS STOP SHELTERS I COST: FY81 $24,000 Federal $19,200 State 2,400 Local 2,400 Description - Erection of small neighborhood shelters at ten locations throughout Iowa City. 7. PROJECT: BUS STOP SIGNS COST: FY81 $20,250 Federal $16,200 State 2,025 Local 2,025 Description - Installation of bus stop signs at all bus stops throughout owI a City. The installation of bus stop signs will improve the efficiency of the transit system in three ways. First, bus routes will be visible in the community; secondly, disagreements over stop locations will end, and last, trip times will be reduced as close together stops are consolidated. i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES . _< 5 8. PROJECT: CAMP CARDINAL ROAD BRIDGE REPLACEMENT COST: FY83 $ 18,000 FY84 $198 000 21 00 Description - This project would be funded one-half with City funds and one-half special assessment against the abutting property owners. The Camp Cardinal bridge serves an area south of Clear Creek. A combination of City funds and special assessments may strike the proper balance between City participation in this project and the fact that this bridge serves only a limited number of property owners south of Clear Creek. Ideally, this area would be deannexed to Coralville since their sewage treatment plant is very near this area and could provide sewer service. The City of Coralville would be unwilling to accept this area prior to reconstruction of the bridge. $18,000 is budgeted in FY83 for design and $198,000 in FY84 for construction. 9. PROJECT: IOWA AVENUE BRIDGE COST: FY82 $ 60,000 FY83 $74- TOTAL Description - This project would completely rehabilitate the existing owa venue bridge over the Iowa River. An extensive rehabilitation project has been recommended by our engineering consultant. 10. PROJECT: BURLINGTON STREET BRIDGE I COST: FY83 $ 80,000 FY84 $820 000 TOTAL 900,000 j Description - This project provides for an engineering investigation and subsequent design and reconstruction of the eastbound bridge over the Iowa River at Burlington Street. 11. PROJECT: RECONSTRUCTION OF THE BENTON-RIVERSIDE INTERSECTION COST: FY84 $275,000 for right-of-way FY85 $550 000 TOTAL P25,'000 Descri tion - This project would provide for construction of five lanes on vers a rive (two lanes each way and a left turn lane) and construction of three lanes on Benton Street. The project would involve acquisition of right-of-way, replacement of pavement, additional turn lanes, and new signalization to reduce congestion and improve safety. i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES W111ES 6 12. PROJECT: MELROSE AVENUE CORRIDOR TRAFFIC IMPROVEMENTS COST: FY82 $250,000 Descri tion - As an alternate to the Melrose Avenue diagonal, this project Provides two lanes in each direction between Riverside Drive and Woolf Avenue near Kinnick Stadium. To accomplish this, Melrose Avenue must be widened to four lanes between Woolf Avenue and South Grand (South Grand runs north -south in front of the Field House). Additional improvements would include widening of South Grand between Grand Avenue and Melrose to three lanes to allow bus traffic to continue to operate northbound to pick up passengers in front of the Field House. 13. PROJECT: CITY SHARE OF EXTRA WIDTH PAVING COST: FY81 $50,000 Description - By City ordinance the City pays for any subdivision street in excess of 28 feet wide. The concept is that collector and arterial streets serve the general public and should be paid for fro:a general City revenues. 14. PROJECT: SCOTT BOULEVARD COST: FY81 - Phase 1 $400,000 FY82-FY85 - Phase 2 $800,000 After FY85 - Phases 3 & 4 $650,000 TOTAL $1,850,000 Description - This project would improve Scott Boulevard to a paved section 31 feet wide between Highway 6 Bypass and Rochester. The project would be done in four phases. Phase 1 - Total Cost $400,000 -City $160,000 Special Assessment $240,000 This would provide for paving of Scott Boulevard from Highway 6 to the railroad tracks. The roadway would be built within the existing right-of- way with dedication of the land on the west side by special assessment. This would provide truck access to the BDI industrial park via Highway 6. The large City contribution to this project would be necessary since the vacant land will not stand a special assessment. As development occurs additional right-of-way can be obtained. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10t0Es 7 Phase 2 - Total Cost - $800,000 -City Share $200,000 -Developer's Share $600,000 This would provide for construction of Scott Boulevard from the south branch dam to Rochester Avenue. Except for a short segment this phase would be done by adjacent land developers as now occurs in subdivisions throughout the City. The City would need to participate in the over width paving (31 feet versus 28 feet). This phase will take several years depending on the pace of the land development near it. Phase 3 & 4 - Total Cost - $650,000 -City's Share $425,000 -Private Share $225,000 Phase 3 would provide for construction from the south branch dam south to Muscatine Avenue. Right-of-way will be acquired immediately as part of the construction of the south branch detention structure. Phase 4 would be construction between Muscatine Avenue south to the railroad tracks. A large portion of this project would be paid for by special assessment. 15. PROJECT: LINN STREET IMPROVEMENT COST: FY82 $175,000 Description - Linn Street is the remaining link in the downtown area which needs to be improved as part of urban renewal. The curb lines on most of the street are in good shape or will be rebuilt as part of urban renewal construction. This project would provide for some architectural curb line changes and an asphalt overlay between Burlington and Washington. Deficient sidewalks that will not be replaced as part of new building i projects would need to be repaired by property owners. 16. PROJECT: CENTRAL BUSINESS DISTRICT ALLEY IMPROVEMENT PROJECTS COST: FY82 $ 40,000 FY83 $ 40,000 Description - This project would reconstruct two alleys each year for two years. This could be scheduled in conjunction with the underground work to be done by Iowa -Illinois Gas & Electric. 17. PROJECT: TRAFFIC SIGNAL AT IOWA AND GILBERT COST: FY81 $ 15,000 Description - This signal needs the standard justification for installation of a traffic signal based on the number of pedestrians MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RIES E crossing the street. Pedestrian signals are available on Gilbert Street both one block north and south of this particular intersection. If adequate road use tax funds are available to signalize, the project should be done. If adequate funds are not available, the project can be deferred or eliminated since other signals are available for a safe pedestrian crossing. 18. PROJECT: TRAFFIC SIGNAL AT DUBUQUE AND CHURCH COST: FY81 $ 15,116 Description - This intersection meets the warrants for a traffic signal based on accident experience in a previous twelve month period. 19. PROJECT: GILBERT STREET RAILROAD CROSSING PROTECTION COST: FY81 $ 40,000. ($36,000 federal, $4,000 local) Descri tion - Installation of flashing light protection for the railroad j cross ng on Gilbert Street just south of Lafayette Street. 20. PROJECT: WASTE WATER TREATMENT FACILITIES IMPROVEMENT COST: In previous years $ 829,900 FY81 $ 1,680,000 FY82 $ 5,000,000 FY83 $14,000,000 FY84 $10,000,000 FY85 $ 2,500,000 GRAND TOTAL $34,000,000 S70oo.000. Federal $21,125,000 -- State $ 1,375,000 Local $11,500,000 - Description - This project provides for the abandonment of the current waste water treatment plant and construction of an entirely new facility south on Sand Road. This project is necessary to meet federal and state regulations governing the discharge of waste water to the Iowa River. 21. PROJECT: EAST SIDE WATER STORAGE TANK COST: FY85 $770,000 Description - As the City continues to grow on the east side water pressure will continue to drop resulting in poor service to residents. There will also be a negative impact on fire fighting capability due to substandard water flows. This project provides for the installation of a two million gallon underground water tank on the north side of Rochester at Post Road. The land for this project has already been acquired. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoIllES M " 22. PROJECT: WATER PLANT SOLIDS DISPOSAL PROJECT COST: FY84 $880,000 Description - The United States government and State government have laws Iowa River from the Iowa City water treatment plant banning the return of filter backwash and alum sludge discharge t . This pr�jcct will the provide for the construction of two holding tanks to level out flows from the water plant. Alum waste would be discharged to the river corridor sewer now under construction and filter backwash would be recycled to the water treatment plant. 23. PROJECT: ADMINISTRATIVE OFFICE SPACE COST: FY81 $ 60,000 FY82 $440,000 FY83 $100.000 i TOTAL $600,000 Description - This project has two alternatives. The first alternative is an addition to the Civic Center and the second alternative is remodeling of the old library. he choice depends upon whether it is possible to T sell the old library. If the library is sold the addition would be added to the Civic Center. If the library does not sell it could be used for expanding office space. 24. PROJECT: CIVIC CENTER AIR CONDITIONING COST: FY81 $155,000 i Description - The heating and air conditioning system at the Civic Center is inoperative much of the time. Working conditions are intolerable during these time periods. The present system is extremely energy inefficient. This project provides for a new system. 25. PROJECT: CIVIC CENTER ROOF REPAIR COST: FY81 $ 50,000 Description - Repair a portion or all of the roof over the Civic Center. FY81 C.I.P. (FIRE) 26. PROJECT: TRAINING TOWER FACILITY COST: FY84 $300,000 i Description: This project is designed to provide training in all aspects of fire fighting, essentially multistory and high rise buildings, where the need is greatest. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :10111Es 10 FY81 C.I.P. (POLICE) 27. PROJECT: ANIMAL SHELTER COST: FY81 $243,500 Description: This project provides for construction of a new Animal Shelter facility. If constructed the Shelter should meet the minimum standards for such structures and be in conformance with regulations set forth in the State Code. The proposed facility will double the present capacity for holding animals (32 dog runs and 24 cat cages). In addition, j the proposed shelter will provide isolation areas for diseased and injured animals. It is recommended that with some earthen filling, the proposed facility could be located near the site of the present shelter. 28. PROJECT: OUTDOOR POLICE FIRING RANGE COST: FY81 $144,500 Des�criCtion This facility would provide an adequate facility to train owI a City police officers in the proper and safe use and handling of police arms. The range would be used for police qualification firing and would include target frames; hardware; cement and earthen work; range house; control tower; electrical work; fencing and parking. Land acquisition would also have to be considered unless City property might become available. The Department has the personnel and ability to properly train in this and all aspects of police work but surely needs this facility. FY81 C.I.P. (Planning and Program Development) 29. PROJECT: LOWER RALSTON CREEK CHANNELIZATION $ FACILITY IMPROVEMENTS (CDBG/SMALL CITIES PROJECT) COST: FY81 FY82 TOTAL: $ 775,000 $ 695 000 Description: This project is designed primarily to alleviate flooding problems of Ralston Creek in the area from Gilbert Street to Kirkwood Avenue. 30. PROJECT: BIKEWAYS COST: FY81 $105,000 FY82 $ 30,000 FY83 $ 30 000 TOTAL: bttL6_6b Description: Three bikeways are involved in this project which will be coordinated with the Iowa City Bikeways Plan when adopted. The bikeways will be constructed on the west side of Rocky Shore Drive; in City Park between the end of the existing paved trail and the gravel trail (including paving of the gravel trail; and on the east side of the Iowa River between Park Road and the University Music School footbridge. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIo1NES I FY81 C.I.P. (PARKS AND RECREATION) 31.PROJECT: ADDITION TO RECREATION CENTER FOR FOUR RACQUETBALL/ HANDBALL COURTS COST: FY82 $150,000 DESCRIPTION - This project would provide for the design and cosn— truct on of four racquetball/handball courts, each 20' x 40', as an addition to the Recreation Center. Additional handball courts are the most needed sports facility for Iowa City, as identified by citizen and user surveys, and comments to the staff. The addition can be heated by the existing boilers. The site must be secured from the Rock Island Railroad. Some of the existing parking spaces would be eliminated, and the addition would need to be flood -proofed since it is in the Ralston Creek flood plain. 32. PROJECT: SCHOOL DISTRICT -CITY JOINT INDOOR POOL COST: FY82 $250,000 (City's share - 4 of total cost of $1,000,000) DESCRIPTION - There are no indoor pools in the Iowa City school system. The schools have been using the Recreation Center pool for practice and competitive meets. For this project to be successful, it needs to be shared with the school district - both the cost of construction and maintenance - with the City paying approximately 25% of the cost of both and operating the pool in June, July, and August. This would free the Recreation Center pool for its intended use, which is to serve the general public. 33. PROJECT: NEW SWIMMING POOL, CITY PARK COST: FY84 $750,000 DESCRIPTION - This project would replace the existing pool at City Park with a new outdoor pool. The existing pool is 31 years old, and has been leaking water badly. The normal life of an outdoor pool is 25-30 years. At any time, a major breakdown, such as collapse of return pipe, which is under the center of the pool, or failure of the filter system (which was replaced in 1957) could make it impractical to repair, and reopen the pool. 34. PROJECT: NEW NEIGHBORHOOD PARK IN THE SOUTHWEST PART OF IOWA CITY COST: FY81 Approximately 8 acres, $80,000 DESCRIPTION - This project is needed to provide a new neighborhood park and sports field in an area of the city that is rapidly expanding. Because of the nature of Willow Creek Park, it is preferable to have open field sports activities in another location. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 12 35. PROJECT: NEW NEIGHBORHOOD PARK IN SOUTHWEST PART OF IOWA CITY COST: FY82, 8 acres, $90,000 DESCRIPTION - This project would provide a new neighborhood park west Of Mil er Avenue, between Highway N1 and Benton. There is no park in this area to serve residents. This would serve existing residents, and the proposed high density area south of Benton and west of Miller. Some of the proposed park has existing shade, and could become an "instant park". 36. PROJECT: NEW NEIGHBORHOOD PARK IN THE NORTHEAST PART OF IOWA CITY COST: FY83 10 acres, $70,000 DESCRIPTION - This project would provide a new neighborhood park in northeast Iowa City, east of Caroline Court, 1'h blocks east of Prairie du Chien. There is no park in this area to serve residents. The site is mostly wooded, and is an excellent wildlife habitat. An excellent nature trail could be developed here. A small area of the park should be developed as a playground, and the balance preserved for its ecological significance. 37. PROJECT: NEW NEIGHBORHOOD PARK IN SOUTHEAST PART OF IOWA CITY COST: FY84 8 acres, $100,000 DESCRIPTION - This project is needed to provide a new neighborhood par approximately 5/8 mile east of Mercer Park. The park is located west of Scott Boulevard, and approximately 1,100 ft, north of the railroad tracks. The area between the park and railroad tracks is a proposed storm water detention area for Village Green South. There is no park in the immediate area, the closest being Mercer Park, which is over used. The area would serve as a neighborhood park and sports field. 38. PROJECT: COST: NEW NEIGHBORHOOD PARK IN NORTH PART OF IOWA CITY FY85 8 acres, $80,000 DESCRIPTION - This project is needed to provide a new neighborhood park north of the proposed Foster Road extension, and south of I-80, west of Prairie du Chien. There is no neighborhood park in the area at present. The park contains some existing shade and is well suited for a neighborhood park containing some open play fields. MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•u[� %mines a: I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Ralston Creek Channel Improvements North Branch Detention Structure South Branch Detention Structure Equip. Service Bldg. Improvement Transit Service Increase/Facilities Bus Stop Shelters Bus Stop Signs Camp Cardinal Road Bridge Iowa Avenue Bridge Burlington Street Bridge Reconstruction Benton/Riverside Melrose Avenue Corridor City Share Extra Width Paving Scott Boulevard Linn Street Improvement CBD Alley Improvement Traffic Signal Iowa/Gilbert Traffic Signal Dubuque/Church Gilbert Street Railroad Crossing Waste.Water Treatment East Side Water Storage Water Plant Solids Disposal Administrative Office Space Civic Center Air Conditioning Civic Center Roof Repair Training Tower Facility Animal Shelter Outdoor Police Firing Range Lower Ralston Creek Bikeways Four Racquetball/Handball Courts School District -City Joint Pool Swimming Pool, City Park New Neighborhood Park (Southwest) New Neighborhood Park (Southwest) New Neighborhood Park (Northeast) New Neighborhood Park (Southeast) New Neighborhood Park (North) CAPITAL IMPROVEMENTS PROGRAM FY81 - 85 500,000 496,000 485,000 610,000 -- 2,091,000 909,450 -- -- -- -- 909,450 608,400 -- -- -- -- 608,400 264,000 240,000 270,000 292,000 -- 1,066,000 726,000 3,143,400 -- -- -- 3,869,400 24,000 -- -- -- -- 24,000 20,250 -- -- -- -- 20,250 -- -- 18,000 198,000 -- 216,000 -- 60,000 740,000 -- -- 800,000 -- -- 80,000 820,000 -- 900,000 -- -- -- 275,000 550,000 825,000 -- 250,000 -- -- -- 250,000 50,000 -- -- -- -- 50,000 400,000 200,000 200,000 200,000 200,000 1,200,000 -- 175,000 -- -- -- 175,000 -- 40,000 40,000 -- -- 80,000 15,000 -- -- -- -- 15,000 15,000 -- -- -- -- 15,000 40,000 40,000 1,680,000 5,000,000 14,000,000 10,000,000 2,500,000 33,180,000 770,000 770,000 880,000 -- 880,000 60,000 440,000 100,000 -- -- 600,000 155,000 -- -- -- -- 155,000 50,000 -- -- -- -- 50,000 -- -- -- 300,000 -- 300,000 243,500 -- -- -- -- 243,500 144,500 -- -- -- -- 144,500 775,000 695,000 1,470,000 105,000 30,000 30,000 -- -- 165,000 -- 150,000 -- -- -- 150,000 -- 250,000 -- -- -- 250,000 750,000 -- 750,000 80,000 -- -- -- -- 80,000 -- 90,000 -- -- -- 90,000 -- -- 70,000 -- -- 70,000 100,000 -- 100,000 80,000 80,000 6,865,100 11,259,400 16,033,000 14,425,000 4,100,000 52,682,500 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES �3V0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OEC IIOIRES December 12, 1979 Neal Berlin, City Manager City of Iowa City 410 East Washington St. Iowa City, IA 52240 Dear Mr. Berlin: Enclosed are preliminary plans and other materials regarding the CBD Streetscape Improvement Project, Phase II, for review by the City Council. The original project schedule called for the const- ruction of the project in three segments: A. Capitol St. and Washington St. paving B. Capitol St. and Washington St. sidewalks and amenities ames engineering and testing C. Clinton St. paving, sidewalks, and amenities company f ii It is recommended that this schedule be altered. Phase A has been ekeCadiaryo/ assecatesrnculler kj assac/atesmc. completed. Because both phases B and C will be constructed beginning in the engineers I ""0 spring, 1980, it is desirable that these phases be combined. recommend, We d0 rveyors planners " however, that the plant materials and the installation landscape architects of the plant materials be a separate contract, to provide the City high 'i a level of quality control without the necessity of working through a generalcontractor. N The Preliminary Plans contilnue y many of the design elements previously used on Washington Street and propertyin City Plaza. eadjacent areas have beendesignedwithUniversity extensive participa- tion by the University's consultants and staff, and contain a number of features requested by them. The Project Schedule has been structured to minimize the conflict with the closure of Madison Street for Corridorthe River Sewer Project. ltoladhereetolthe important,however,that webeable schedule, which requires early guidance from the City Council, and approval to proceed with final plans and specifications. 2730 Ford street. p o. box Bol. The Preliminary Cost Summary identifies total ames. iowa Soolo , Project costs for the Council's information. 15151 272.7271 �3V0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OEC IIOIRES Mr. Berlin page 2 These costs are for the complete balance of the sts tbe andject. The Old Capitol oAssociates swould hared reduce thisy the for the City. tota We look forward to meeting with you and the City Council on Monday, December 17. We are prepared to discuss the project with you i time.n detail at that _ Sincerely you s, ,0 -} . :�/ Jack Leaman,�2CP SLA ~04- Director of Landscape Architecture and Land Planning Services HICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES o?_3yO I 0 PRELIMINARY COST SUMMARY Iowa City CBD Streetscape Improvement: Phase II -B CAPITOL STREET East Side $ 69,000 West Side 146,500 Snb Total $218,000 WASHINGTON STREET South Side North Side 95,000 80,000 Sub Total $175,000 CLINTON STREET Sub Total $520,500 BURLINGTON STREET Sub Total $ 22,000 i I TOTAL ESTIMATED COST $933,000 Ames Engineering and Testing Company December 12, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101NES 123YO 9 JORM MICROLAB CEDAR RAPIDS•DES I-0DIIIES mi a UlW �7 1Z w 6 V Z 0 2 } � w_ v 7 t 111 z T �C } Q Q z U d a � � Vv a l� tl �j Z C_ vv U p 7 tl 9 JORM MICROLAB CEDAR RAPIDS•DES I-0DIIIES mi a UlW �7 1Z w 6 V Y ' • .tl I IN � t ^ ie . 9 I I {{)7 � C017(rB'l'B Sea. dies! Corr�tAlp E eon�reAe r. tNG NG BU/GAO/�/b j i ti ° zoo �WASHINGTON STREET AMENITIES CONC -r MAN � pNAZE 1L•S yTfZfnCTUGAPE IMp120YEMENYS IOWA GI'TY IOWA AP(1B6 faN&INEEJUN& ANO TESTING carArpNY JULY f979 REVfSGD. TH¢°ubH 11• IG�'79 MICROFILMED BY JORM MICROLAB CEDAP RAPIOS•OF: 'IOIDE S Wa Atwo fhia ares. 1 /Kwa P, 1, 1l t m NMI mNMI 0 elm P E /v T A e- A2 E S 7- J � Traditlona/ Pedtstria.� Li9/tt wifh Trash Recepfac% ` Brick Crosswalk Trea in Crate Bvpc h con--* wa/kauatr /---Pe4Pltriern U9/rl (4-tobe) 3 I O G O G A p/ T O L G E N "r E R MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE', 'IOIIIE; 1� r t P E /v T A e- A2 E S 7- J � Traditlona/ Pedtstria.� Li9/tt wifh Trash Recepfac% ` Brick Crosswalk Trea in Crate Bvpc h con--* wa/kauatr /---Pe4Pltriern U9/rl (4-tobe) 3 I O G O G A p/ T O L G E N "r E R MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE', 'IOIIIE; JE S T walkway ¢dPIlLri/n U9/,t (4- �: t�zNand Bus Sh¢hlar '""'FOa�+chos in sy, Axc) rick Crosswalk Prdostrian Liryht and Trash Receptnc% NO - r Brie Wa/.i-way ;-6anch S , I, •I MICROFILMED BY JORM MICROLAB CEOhit NAI'IU$•Uf'• 9010Cs rick. Crosswa/k �Prdastrian (,fight • and Tresh Receotvc% Brick Walkway -Bauch - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE, tI0II1C5 W ti b 0 V I L/Nz>qulsT e- ENT 0 J MICROFILMED BY JORM MICROLAB LCOAR RAPIDS•Df., 5101t7FS 0 r� A � r 1 • o i ` '..Bench ane( Gontref¢ Walkw"ty '. Trash Rtceptvc% 41 ;- 1. •t - l-' . /.' '. -�~ pZp P4Rk//V6 RAMP F r. CAPITOL t✓TR EET AME ISI I T_ I EFS GONGEpT PLAN: FH/1i6 IC• % c>Ti<EEr4 GgpC 1MPKGY�fYI�r{T� :t- IONA 6111, IOWA AME6 ENG.lry�EnlN� r4NA 'TLC,~'1tNCr c��+r�ANY JVI.`(r ly'7� 1' RCVlben "T7•IGG'tJfnl-1 11 • I(p •'79 MICROFILMED BY JORM MICROLAB LCOAR RAPIDS•Df., 5101t7FS 0 r� A reel Li ht a/strian 1-;Iht (2- kube) GLINE stow. ^-Te rY) p orarx As pi,o It GYfve ,Retain;n Wall— and sift Rack MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE, MOIgES SRCUR/7-� BeidAL Wa/Ewa i 9rick Cross wa / Concrete Bo//a I'edertrian [i9 �alk wIl y oaa WA I't e Bollard •! an 1.1 ht in Grape Wel.. . COAG/eft N/a/kWdy ENG/NLe�l4/NG BL, ' Ilrmm® I GonL/P?I.t Re fa in in9 Wall Concrete Wal4Way D � OLO CAP/TOL GE°NT�iQ rr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.00. 'IOINES ReeepfQLle Pedestrlan 6!q/� 4 � ENG/NEER/NG BLOC. irlf Wall waj/ --tree+ Ci9ht Pedestrian GioPub (2-kubB� a✓u( Trash Rectptoc% Trash Reeep*ac% ike Rite Pedestr/a✓� 6� ht (2- kub¢) DORM MICROLAB done anrins•or', lu)uIEs orncrete Curb I i mo,�� , L Mm 1 - k CLINTON STREET AMEN (TIES tuAJA crrY` IOW A -M&S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tiollIES my WAII �e WHITE WA Y ti Brie Wu/k wu-- 4' Bench ,-ee,;12 GratE 8' Be neh I Trash Receptacle J� Aele.rfriarl Gid/'if I¢-�ubt� I I 8'Bonch I 5ea7- t 4' Bench Fli 47�- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 10II1F.S /(o" Pedes!-rian Li M C9-,C•ubr) Vick Wall"Way 'imber Pbrnfer O G O G A P/ r o L.7T G E N T E R I L� /\ \Concre-le watkwa B' Bench B' -ick wa/kwa ti / 4' Sench Bicyc/e Tack. k CrOSSwa/k- Trash Reeep-fac/e 4' Dench rn � I � Seat \/ ® f 7-,q//I/c5 S'3 rcN=LER '5 57' e6AIA2 ..JOHNSON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ROIDES t/re'f Lighf' V,_� RO14W SCA 630" (,6 1 Britt C/OSSWa liE GE /OWA 5TA7E BANK 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S MOIRES I% City of Iowa MEMORANDUM DATE: December 14, 1979 TO: City Council FROM: Bette Meisel, Senior Center Coordinator -,_Z, RE: Senior Center Construction Attached you will find material containing relevant data as to the cost of the project and revenue to fund it. The first document was prepared by the architect. It breaks down the major sections of the independent estimate by Burger Construction leading to the total cost of $1,290,400. It then goes on to show those alternates which whould be added to the project and those which could be cut if absolutely necessary. The second document, which I prepared, explains the consequences of cutting each item and the rationalefor completing the project at this time. The final document, prepared by Jim Hencin, shows the present CDBG allocations and the possible distribution of the CDBG Contingency fund. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MD n+ES 2 3 4; f G SENIOR CENTER CONSTURCTION Projected Costs: Revised estimate of Burger Construction $ 1,340,400 Architect amended fee 108,000 Fee to Burger Construction 2,000 $ 1,450,400 Established Sources of Revenue: N16$ 1,006,000 County 100,000 $ 1,106,000 Estimated Cost over Budget $ 343,900 Possible Sources of Revenue: * Historic Grant $ 37,000 Sale of land to Ecumenical 48,500 Return to General Fund of Sr. Ct. Budget (12/30/79-6/30/80) 35,000 Additional CDBG Contribution 200,000 $ 320,500 Additional Funds to be Obtained $ 23,400 * The City Grant application asks for $25,000 to $50,000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES The Architects Office UJehner, Nowysz, Pattschull and Pfiffner 201 day buidrg, Imw cf ty, Mw o 52240 December 12, 1979 Neal Berlin, City Manager City of Iowa City Civic Center Iowa City, Is 52240 Re: Iowa City Senior Citizens' Center (revised estimate summary) Dear Mr. Berlin: As per your instructions, I have asked Mr. Burger to up date his preliminary esti- mate of November 1, 1979 for the above reference project. This revision was based on the completed set of plane and specifications dated November 1979. Enclosed Is the revised estimate plus separate costa for work which may be excluded to order to facilitate planning of the total construction budget. The revised coats are as follows: 1. .General Contract --------------------------------------- $680,450.00 2. Elevator -------=------------------------------------- 40,000.00 3. Mechanical Con[ract------------ -------------------- ----- 447,000.00 4. Electrical Contract ----------------------------- -- ---- -- 122.950.00 TOTAL-- ---- ------------------ —------------- --------------- $1,290,400.00 5. Alternate1011--------------------------- add 20,710.00 Exterior concrete work on Washing ton•Street. 6. Alternate 021 -------------------------------------------- add 17,680.00 Exterior concrete work on Linn Street 7. Alternate 03: -------------------------------------------- add 45,000.00 Kitchen equipment (allowance 50,000) 8. Alternate 04: Square foot price for wall covering, add $1.00 per square foot. rokuld wehner wllllom nowVsx rkhord pottscWl John pf ff rrw members of the omedcon Institute of architects TEL. 319.338.9715 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIONIE5 Mr. Berlin r, December 12, 1979 Page 2 9. Alternate d5: --------------------------------------------- deduct 98,850.00 Work on second floor (outside of that required by stairs and elevator shaft). 10. Alternate U6: --------------------------------------------- deduct 84,000.00 Leave out mezzanine floor entirely. 11. Alternate 07: --------------------------------------------- deduct 22,000.00 Repair roof versus total replacement, 12. Alternate A8: --------------------------------------------- deduct 50,000.00 Install storm windows versus all new windows, 13. Alternate p9, --------------------------------------------- deduct 5,000.00 Eliminate loading dock and install stairs and landing. 14. Alternate 010: -------------------------------------------- deduct 7,000.00 Replace all carpeted areae with vinyl asbestos tile, 15. Alternate 011: -------------------------------------------- deduct 6,000.00 Replace wood floor with vinyl asbestos tile. If you have any questions on any of the above, please contact me at your convenience. Yours Very Truly, The tArFPATTS + PFIFFNER W1111= Nowyez, AU ,WN/bw V N MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES i SENIOR CENTER CONSTRUCTION Projected Costs: Revised estimate of Burger Construction Architect amended fee Fee to Burger Construction Possible areas of Reduction in Cost Eliminate Mezzanine Consequence - a) County may withdraw their $50,000 contribution which was directed specifically toward this portion of the remodeling. b) Library, Multi office space, Conference Room, Program specialist office moved to 3rd floor. Limited space available for any City office. Actual savings if the above occurs Eliminate 3rd Floor Consequence - City loses 7,160 feet of office space and continues paying $17,556 per year for 3,580 sq. ft. of inadequate, inefficient and inaccessible space. If the City were to occupy this space for 5 years. they would save a minium of $87,780 in rent. The present 2 year contract contains an escalating clause after 1 year. Thus, one can be reasonably certain that the savings to the City would increase each year. Repair Roof rather than replacing Consequence - A patch job could not be expected to last as long as a new roof. The City would have to E; plan on further repairs in the future. At some point even repair might not solve the problem and a new roof neeaed after all. Retain existing Windows Consequence - Adding storm windows to crumbling frames and heavy awkwaro-to-operate windows will cut down on heat loss. However, as with the roof this would be a temporary rather than a final solu- tion. Money not requested now would be spent in later years in repairs and replacement. Eliminate Loading Dock Consequence - Because the first floor is not on ground level,stairs and a platform would need to be built in any case. The dock would be more con- venient both for deliveries and to aid the volunteers delivering the heavy boxesof meals to the homebound elderly. 01;7... _V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES $ 1,290,400 108,000 2,000 $ 1,400,400 $ 84,000 34,000 22,000 50,000 5,000 Replace Carpeting with Asbestos Tile 7,000 Consequence - Tile is harder on the feet and adds no warmth to a room. More over, it has an institutional "feel" which in the high ceiling spaces of the center will be accentuated. It also provides no sound absorption. Replace Wood Floorin Dining Room with Asbestos Tile 6,000 Consequence - Same as above. In addition this space is planned as a room in which to dance and to hold public meetings. Wood is a better flooring for physical activities and for sound absorption than tile. In conclusion, certain decisions must be made at this time: 1. Should we complete the building at this time? 2. Should we allocate funds today or depend on future funds for additions or collections? 3. Should we continue to pay rent for office space or invest the money in a City owned facility? 4. Are we prepared to meet increased demand for programs and services resultant from a rapidly increasing elderly population? 5. Does the actual allocation of local money reflect the Citys commitment to the elderly population? In 1978 when the allocation of 1 million dollars toward the renovation of the old post office was made, it appeared sufficient. In early 1978 the architects estimated that they could renovate only the basement and 1st floor for the sum. The present estimate, based on 1980-81 construction, is that it will take 1 million two hundred thousand to complete just the 1st and 2nd floors. It is difficult not to conclude that inflation is eroding our construction dollar. Unless there is a major turn around in our economy we cannot expect tomorrow's dollar to buy more than today's. In fact, we can expect it to buy less. Completing the entire project as quickly as possible would appear to be far more cost effective than planning to complete it in stages. The elderly are the fastest growing minority in the country. Presently 1 in 5 Americans are over 55. In the 70's whereas the general population grew 5% those over 65 grew 18%. Iowa is one of 9 states with a population of 12% or more. Johnson County elderly are estimated as being 10% of the population. Senior Citizens are yearly becoming more politically aware of their power as a group to demand those services or programs which address their need to remain independent and their desire to maintain an acceptable quality of life. We have an opportunity in Iowa City to build a model Senior Center, with what will become cheap space,,to expand Center activities as the population and the demand grows. Instead of waiting until future Federal regulations and citizen expectations force us into providing these spaces, we are able at this time to anticipate demand and plan logically for Vie present and the future. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMts 1 City of Iowa City MEMORANDUM DATE: December 14, 1979 TO: City Mangers and City Council FROM: J. Jim Hencin, CDBG Program Coordinator RE: CDBG Budget / Senior Center Project j Following our staff meeting on the issue of SMSA designation with HUD officials in Omaha on December 3, we determined that the City's fiscal year 1981 will involve the transition from hold -harmless entitlement and Small Cities discretionary CDBG programs to a metro- politan formula entitlement program. We expect to proceed in a manner as outlined on the attached schedule. Concurrent with Council's consideration of the revised Senior Center plans and construction budget, we are asking you to review the allocation of unemcumbered CDBG funds which we anticipate at the end of FY 80. No firm decisions on reallocation are requested at this time; however, we recommend that Council set aside $200,000 from the CDBG Contingency (see attached FY 80 budget statements) for the Senior Center project. sIt should be noted that this amount may be off -set by funds received from the sale of the Block 64 hotel site. I will be available to answer any questions regarding this information. a Y. 3 is 1 n i I I i 023 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES City of Iowa city MEMORANDUM DATE: December 14, 1979 TO: City Council / City Manager FROM: Rosemary Vitosh, Director of Finance R_J RE: FY81 Budget Revenue Projections and Financial Status The following information provides our current projections on revenues which will be used in preparing the FY81 budget. All revenue figures are subject to change. The tax dollars and levy amounts shown on Page 2 are by no means final but are presented as a starting point. As budget discussions continue, decisions made on program cuts, program additions and changes in other funding sources will in many cases change the total tax dollars needed and the resulting tax levy. Council will be presented sufficient information during budget discussions to monitor the tax levy amount and will be able to determine how budget changes will increase or decrease the tax levy amount. These revenue projections do not include increases or decreases in any fees currently being charged by the City, however, the Council will be presented recommendations on some fee changes as a part of budget discussions. a 3 41--� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIEs RECEIPTS - FY81 The FY81 receipts will be presented in two parts, first by source of income and second by fund. Source of income is defined by the type of receipt and the method by which the City is paid. These receipts are credited to the fund established by the function or service provided by the department or division. PART I Total receipts include seven major sources of revenue and the transfers between funds. The transfers do not increase available dollars but do allow one fund to be reimbursed for administrative expenses, services provided, etc. from another fund. Special revenues not included in these revenue projections are the CBD Block Grant Program, Leased Housing, Urban Renewal, Police and Fire Retirement, and Small Cities Program. Also, only the interest income portion of the Capital Projects Fund is included. Each of the seven major sources is explained more completely using the letter designation in the figure below. SEVEN MAJOR SOURCES OF REVENUE A. PROPERTY TAX 1. General Fund Levy i The General Fund levy for FY81 is expected to be $4,765,040 or an 8.1% increase over FY80. The General Fund levy cannot exceed the 8.10 per thousand limit imposed by Chapter 384.1 of the Code of Iowa. In addition, under Chapter 384.1 the City may levy for agricultural land not to exceed three dollars and 3/8 cents per thousand of assessed value. ($5,783). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Source Projection for FY81 % of Total A. Property Tax* $ 7,227,420 44.53 B. Charges for services 4,060,315 25.02 C. Intergovernmental Revenue 2,881,564 17.76 D. Use of Money & Property 1,300,517 8.01 E. Fines & Forfeitures 335,500 2.07 F. Licenses & Permits 234,600 1.45 G. Miscellaneous Revenue 189,040 1.16 TOTAL $16,228,956 100. on **** A. PROPERTY TAX 1. General Fund Levy i The General Fund levy for FY81 is expected to be $4,765,040 or an 8.1% increase over FY80. The General Fund levy cannot exceed the 8.10 per thousand limit imposed by Chapter 384.1 of the Code of Iowa. In addition, under Chapter 384.1 the City may levy for agricultural land not to exceed three dollars and 3/8 cents per thousand of assessed value. ($5,783). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2 **** TABLE I THREE YEAR PROPERTY TAX REQUEST AS ALLOCATED j FY79 Actual FY80 Estimate FY81 Budget *General Fund Levy* $3,820,514 $4,448,270 $4,807,171 Tort Liability 208,547 263,306 0 Debt Service 1,153,316 952,851 Trust & Agency 494 083 1,509,024 596 327 Subtotal 5,6 ,460 905 442 54 ,260, 2 ,63 Ag BITOTA & Land 6 308 5 783 5 , 7 , 4 0 $� 16 X62 2� *Includes: Monies & Credits - $28,416; Military Credit - $13,715. i TABLE II OF ASSESSMENTEPERA10000TY OFRTOTALXASSESSEDSON VALUATION* FY79 Actual FY80 Estimate FY81 Budget General Fund 8.100 8.100 5 Tort Liability ,447 8.100 b Debt Service 2472 .484 --- . 1.752 4 Trust & Agency 1.059 2.570 1.096 Subtotal 1P— 1.539 11.432 12.209 ' yya 9 Ag Bldgs. & Land** 3.004 3.004 * Assessed valuation for FY81 is $588,276,551. **Assessed valuation fo FY81 for Ag Bldgs. & Land is $1,925,145. i **** As iFi FY80, the City's assessed values (the values upon which the property tax levy is based) I are being subjected to a rollback. In FY80 this rollback was .782516 on residential I property and for FY81 the rollback will be .643801 on residential property. In projecting the property tax revenues for FY81 it should be noted that the state legislature is considering an additional rollback of .89 on commercial property and utilities. This j would mean General I I i j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES r. O rw �e 9nn Htiw n+n.a; _ _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M- 3 Fund property tax receipts increasing at a lower rate than in the previous fiscal year. This rollback is included in the above projections as we anticipate that the state legislature will approve this rollback. 2. Tort Liability During the past two years, an amount had been levied for a self- insurance reserve fund. It has been determined that the levy cannot be used to set up a reserve fund. At this time because of a large fund balance, it will not be necessary to levy in FY81 for tort liability. This fund, therefore, pays for such costs as Insurance Premiums, insurance deductibles, and judgements and damages. 3. Debt Service The debt service levy provides funds for the payment of the principal and interest on general obligation bonds of the City. It can also be utilized to fund the payment of any judgments against the City, unless other funding sources are provided by State Law. The City has issued general obligation bonds for various purposes. Two bond issues for sewer construction and water treatment plant improvements are paid from sewer and water revenues. In addition, two issues include sewer projects as part of the total bond amount and sewer revenue funds the sewer project portions of these issues. The property tax levy does not include any amount payable from revenue funds. The FY81 levy will be for the payment of interest and principal on the general obligation bond issues, excluding the sewer and water projects. In addition, the levy of $44,550 will establish a reserve for bond payments. The City Finance Committee allows this reserve in the amount of 50% of bonds due in the fall of FY81 minus 50% of bonds due in the spring of FY81. The intent of this reserve, is to provide better cash flow for payment of bonds and coupons due each fall and was created at the time cities changed from calendar year to fiscal year accounting. 4. Trust & Agency The Trust & Agency levy established for payment of pension and related employee benefits includes unemployment insurance, workman's comp, Public Employees Retirement System, Social Security benefits, Police Pension and Retirement and Fire Pension and Retirement. B. CHARGES FOR SERVICES Charges for services total $883,815 for the General Fund. The Fire Protection Contract provides service for the University of Iowa, and the Library services include $53,515 for services to Johnson County. Mass Transit receipts reflect revenue based on 2,000,000 riders with an average fare of 21.3 cents. The average fare is lower than 254 due to bus pass usage and all free or special program fees. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIREs 4 Recreation revenue includes $61,000 for admissions and lessons, $19,000 from entry fees and $13,000 from family and group pool sales. Miscellaneous revenue is derived from police escort service, animal control fees, zoning and subdivision fees and other miscellaneous items. TABLE III The Sewer revenue increase from 1979 actual receipts allows a 2% growth rate per year in anticipation of new housing starts plus a $40,000 projection from new industry. Water revenue has shown a strong 8% growth rate in FY79 and the first quarter of FY80 and will be increased by the addition of new industry. Refuse collection will remain at the FY80 level of $2.00 per month per dwelling unit or apartment and $1.00 per month per sleeping room. Landfill fees will remain at $5.10 per ton in FY81. C. INTERGOVERNMENTAL REVENUE Intergovernmental revenue is the third largest source of income which includes state, local and federal assistance. Bank Franchise Tax State of Iowa - Police and Fire Retirement TABLE IV FY79 Actual $ 33,679 60,238 FY80 Budget $ 28,000 59,770 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !TORIES FY81 Budget $ 60,000 1m FY79 Actual FY80 Estimate FY81 Budget Fire Protection Contract $ 217,481 $ 235,000 $ 300,000 Mass Transit 393,058 400,000 425,000 Recreation 93,353 85,085 95,200 Library 50,251 51,980 58,915 Sewer 905,310 887,150 966,900 Water 1,357,673 1,429,700 1,585,700 Refuse 47,084 240,000 240,000 Landfill 320,440 341,700 351,900 Other 3,431,542 37 $3,708',3554 4, 66 700 TOTALServices ,315 The Sewer revenue increase from 1979 actual receipts allows a 2% growth rate per year in anticipation of new housing starts plus a $40,000 projection from new industry. Water revenue has shown a strong 8% growth rate in FY79 and the first quarter of FY80 and will be increased by the addition of new industry. Refuse collection will remain at the FY80 level of $2.00 per month per dwelling unit or apartment and $1.00 per month per sleeping room. Landfill fees will remain at $5.10 per ton in FY81. C. INTERGOVERNMENTAL REVENUE Intergovernmental revenue is the third largest source of income which includes state, local and federal assistance. Bank Franchise Tax State of Iowa - Police and Fire Retirement TABLE IV FY79 Actual $ 33,679 60,238 FY80 Budget $ 28,000 59,770 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !TORIES FY81 Budget $ 60,000 1m 5 Transit Assistance 85,336 Liquor Profits 266,874 Municipal Assistance 270,258 Revenue Sharing 630,090 Road Use 1,314,401 TOTAL 200,000 250,000 270,258 607,616 1 532 582 2,948,226 200,000* 274,528 294,580 594,000 1 408 448 2 88u564 *There is a possibility that a new State transit grant formula could reduce this amount to approximately $70,500. The bank franchise tax is a state tax levied on net income of financial institutions. he state retains 55% of this tax with the remainder divided 60% for the cities and 40% to the county within which it originated. The FY81 receipt projection is based on actual receipts in FY80 of $46,270 and information received from local banks. The State legislature approved special funding for benefits of HF914 for Police and Fire Retirement systems. Iowa City will continue to receive annually the bu gete amount until future legislation changes or ends this funding. State Transit Assistance is state funding to local governments to assist In the operat on of mun cipal transit systems. The City of Iowa City uses these funds for the operations and maintenance of the Transit Division. Liquor profits are 10% of gross revenue of State liquor stores. In FY80, the estimate equaled $5.24 per capita and in FY81 the estimate is $5.75 per capita. State Municipal Assistance distributes state revenues on a ratio of each My s population to total state population, which can't exceed one-half of the city's property tax levy. The FY81 projection is based on $6.17 per capita. General Revenue Sharing is received by the City quarterly and the budget amount Is based on funding throughout FY81. However, present legislation has authorized General Revenue Sharing through September 30, 1980 or the first two quarters of FY81. Pending legislation will determine if the program will be extended for another three year period. Road use tax collected by the State from the registration of motor ve is es, uel tax, license fees and the use tax on motor vehicles, trailers and accessories and equipment is apportioned to each city on a ratio of the city's population to the population of all Iowa cities. The per capita estimate for FY81 is $29.50. This is $2.60 less than the FY80 per capita estimate. Although more cars are being licensed, they are fuel economy models which have reduced gasoline sales. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 D. USE OF MONEY AND PROPERTY Revenue from investments has become an important source of revenue reflecting interest rate increases from 7.5 percent to 9 percent in FY79 to 13 percent in mid-FY80. The FY80 budget will be below actual receipts because of the variance in interest rates. The budgeted amount was based on an anticipated market yielding an average 11 percent rate in FY81. Use of property includes parking revenue for metered and attendant lots totalling $554,000 and revenue from rental of properties totalling $38,822. i TABLE V FY79 Actual FY80 Budget FY81 Budget General Fund $ 67,302 $ 65,000 $ 89,740 Debt Service 3,654 -- 10,000 Capital Projects 295,598 200,000 300,000 Enterprise Fund 603,530 447,390 782,752 Trust 8 Agency 40,787 60,000 40,000 Special Assessment 7,707 -- -- Special Revenue 74 225 28 000 ,504 746,390 1,308 025 TOTAL1, 9 ,517 i � xxxx E. FINES AND FORFEITURES Fines and forfeitures reflect $122,500 for $5.00 illegal parking fines and $122,500 for $2.00 overtime parking fines. Library fines are assessed for overdue or damaged property and fines from Magistrate Court are for collection of fines assessed for violation of the City or State codes such as motor vehicle violations and animal control violations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES x x x x TABLE VI FY79 Actual FY80 Budget FY81 Budget Parking Fines $245,699 $222,000 $255,000 Library Fines 11,996 12,000 18,000 MagistratesCourt 66 795 324,490 50 000 284,000 62 500 335,500 TOTAL x x x x Fines and forfeitures reflect $122,500 for $5.00 illegal parking fines and $122,500 for $2.00 overtime parking fines. Library fines are assessed for overdue or damaged property and fines from Magistrate Court are for collection of fines assessed for violation of the City or State codes such as motor vehicle violations and animal control violations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES 7 F. LICENSES AND PERMITS Under licenses and permits major revenues for Housing and Inspection are building permits ($80,000); plumbing and electrical licenses ($3,000); plumbing, electrical and mechanical/heating/air conditioning permits ($15,700); and rental permits ($24,000). Miscellaneous receipts include licenses or permits for bikes, peddlers, signs, trailers, and dance halls. * * * * TABLE VII FY79 FY80 FY81 Housing and Inspection Permits and Licenses $113,643 $109,000 $133,600 Engineering Sewer and Paving Inspection 8,599 2,500 6,000 Animal Control 6,625 6,000 7,500 Beer & Liquor Permits 52,874 53,500 53,500 Cigarette Permits 12,875 13,500 13,500 Burial Permits 12,089 4,000 7,000 Misc. Licenses & Permits 12,089 37,135* 13,500 TOTAL $212,851 $225,635 $234,600 *In FY80, Housing Permits were budgeted under Miscellaneous and in FY81 it is budgeted under Housin- and Inspection Permit— s and Licenses. **** G. MISCELLANEOUS REVENUE **** TABLE VIII FY79 FY80 FY81 $36,035 $112,526 $189,040 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 9 3 Miscellaneous revenues are composed of refunds; reimbursement of expenses and damages; miscellaneous sales; mass transit advertising; sale of grain and commissions or concessions. The reason for the increase from FY80 to FY81 is that workmen's camp reimbursements were not included and we did not budget as conservatively on reimbursements and refunds. PART II The General Fund revenue is used for general operating expenses such as administration, police, fire, library, recreation, etc. The debt service fund revenue must be used for payment of bonds and interest on general obligation bond issues of the City. Enterprise funds such as parking, sewer, water, refuse, landfill and the airport are utilities or services supported primarily from revenues for services rendered. In addition, parking, sewer and water revenues are used to pay bonds and interest on revenue bond issues of the City. In FY81, $223,136 of sewer revenue and $118,750 of water revenue will be MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIEs REVENUE BY FUND TABLE IX Receipt by General Debt Capital Trust Special Source Fund Service Projects Enterprise & Agency Revenue Property Tax $4,812,954 $1,509,024 905,442 Charges for Services 849,815 $3,144,500 $ 66,000 Intergovern- mental 852,980 $ 50,008 $1,978,576 Use of Money & Property 89,740 10,000 $300,000 782,752 40,000 78,025 Fines & For- feitures 213,000 122,500 Licenses & Permits 234,600 Miscellaneous TOTAL 45 650 7,0 3 98 390 4, 148, 1 2 45 000 1 450 1, 1 ,024 30 00 2,056,601 The General Fund revenue is used for general operating expenses such as administration, police, fire, library, recreation, etc. The debt service fund revenue must be used for payment of bonds and interest on general obligation bond issues of the City. Enterprise funds such as parking, sewer, water, refuse, landfill and the airport are utilities or services supported primarily from revenues for services rendered. In addition, parking, sewer and water revenues are used to pay bonds and interest on revenue bond issues of the City. In FY81, $223,136 of sewer revenue and $118,750 of water revenue will be MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIEs transferred to pay general obligation issues which were sold to finance sewer and water projects. The Trust and Agency fund is established to cover pensions and related employee benefits. These include social security, the Iowa Public Employees Retirement System and the Police and Fire Pension contributions of the City. The Special Revenue Fund projection includes Federal Revenue Sharing and Road Use Tax, and interest income from investments of these monies. Although Federal Revenue Sharing funds can be used for general operating expenses, Road Use Tax must be used for the maintenance, operations and supervision of the public streets. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FY81 BUDGET FINANCIAL STATUS According to the Revenue Projections report, total General Fund Revenue is $7,098,743 (Page 8). This amount does not include transfers -in which are estimated as follows: General Revenue Sharing - The assumption is being made that the General Revenue Sharing program will be extended for another three years and thus available for a full twelve months in FY81. The total $594,000 projected to be received will be used in the General Fund to fund Aid to Agencies and Mass Transit. In the FY80 Budget $550,953 was budgeted as General Revenue Sharing funding for these two programs. Road Use Tax - The revenue projection of $1,408,448 will be allocated to Street Maintenance and Traffic Engineering operating costs first with any remainder being allocated to capital project street improvements. Administrative Expense Transfer - This transfer constitutes a reimbursement to the General Fund from Enterprise Funds for general administrative costs and utility billing and collection costs. Since expenditure budget amounts are not finalized, the actual transfer has not yet been computed. An estimate based upon the FY80 budgeted amount is $275,000. $2 Parking Tickets - This revenue is receipted into the Parking Revenue Fund. Since it is not anticipated that it will be needed for Parking Systems Operations, it will most likely be available to transfer to the General Fund at year end. Prior to 1979 and the sale of Parking Revenue Bonds, the revenue from these tickets had been receipted into the General Fund for general operations. Adding the above transfer amounts to General Fund Revenue results in total receipts as follows: Per Revenue Projection Memo $ 7,098,743 Transfers: General Revenue Sharing 594,000 Road Use Tax 1,408,448 Administrative Expense 275,000 $2 Parking Tickets 100,000 $ 9,476,191 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES FY80 budgeted receipts adjusted to be comparable is: Total Receipts $ 9,468,948 Less: Contingency Amount (251,938) Tort Liability Levy 263,306) $ 8,953,704 A contingency amount of 3% was added in FY80 to both receipts and expenditures in an effort to avoid having to formally amend the budget a second time during the fiscal year. It is deducted above because the FY81 budget figures do not as yet include a contingency. As per the Revenue Projection Report, a tort liability will not be needed in FY81. Likewise, the expenditures listed below do not include any expenses which would be paid out of the available tort liability fund balance. FY81 Revenue _ $9 476191 _ 5,g% increase FY80 Revenue$8:953:7044 Thus the FY81 revenue is a 5.8% increase over the FY80 budgeted revenues. Expenditure budgets submitted by all City departments are now being reviewed by the Finance Department and the City Manager. Separate budgets were submitted for the current service level and expanded service levels. A preliminary expenditure total for current service levels only is $10,080,153. This includes a subsidy of $184,206 for Refuse Collection Operations, assuming that the Refuse monthly fee remains at $2 per month. The following expanded service levels (new programs or first-time funding out of General Fund) may be considered necessary additions to the current service levels: Housing Inspection $ 111,276 Senior Center (6 months) 86,074 Asst -Transit Manager 16,388 Total Current Service Level $ 213,738 Level Expenditures 10,080,153 GRAND TOTAL $ 10,293,891 As of these projections, expenditures exceed revenue by $817,700. The expenditure budget requests are being thoroughly reviewed and the total expenditure amount can be expected to be reduced somewhat when the proposed budgets are presented to Council. One alternative for a major decrease in General Fund expenditures is to budget for health insurance and life insurance under Trust & Agency instead of the General Fund. Total group insurance costs included in the General Fund expenditure budget figure above amounts to $349,330. This would cause an increase in the tax levy amount for Trust and Agency of $0.594 per $1,000 of assessed valuation and would enable the City to increase total property tax revenue. This would reduce the variance between total receipts and total expenditures to $468,370. This information is presented to apprise Council of the financial status in the General Fund Budget for FY81. Not taken into consideration in the above computations is the proposed formula for State Transit Grants MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :101nE5 and the possibility that use of such a formula could reduce those revenues listed above by up to $125,000. Included in the revenues listed above is the reduction in property tax due to the expected rollback on commercial property. However, if legislation on this rollback is not passed, it would mean an additional $200,000 could be added to total revenues. Both of these items could significantly affect the variance between receipts and expenditures. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES H P MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES FY 80 CDBG BUDGET CURRENT VS. PROJECTED STATUS ACCOUNT NUMBER/PROGRAM TOTAL APPROVED FUNDS CUMULATIVE FUNDS EXPENDED 10/31/79 ANTICIPATED EXPENDITURES/ ENCUMB. 6/30/80 ANTICIPATED UNENCUMB. BALANCE 6/30/80 8110 CDBG Administration 140,040 71,165 140,04) -0- 8131 Housing Rehabilitation 172,460 71,489 172,460 -0- 8132 Neighborhood Site Improvements 396,510 35,806 396,510 -0- 8133 Ralston Creek Flood Control 1,559,905 35,037 1,259,905 300,000 8134 dousing Code Enforcement 101,000 29,411 101,000 -0- 8135 Aid to Victims of Spouse Abuse 80,000 365 80,000 -0- 8141 Senior Center 986,282 4,555 986,282 -0- 8142 Nelson Adult Center 50,000 50,000 50,000 -0- 8151 Comprehensive Planning 40,775 5,336 25,775 15,000 8152 Human Needs Plan 8,136 8,136 8,136 -0- 8153 Energy Conservation 34,280 3,536 20,280 14,000 8154 River Corridor Improvements 74,050 4,920 74,050 -0- 8160 Urban Renewal Activities 212,797 16,941 62,797 150,000 8171 Architectural Barrier Removal 50,000 54 50,000 -0- 8172 Neighborhood Park Improvements 31,535 8,503 31,535 -0- 8180 Contingency 402,701 -0- -0- 402,701 0 _. PROGRAM TOTALS 4,340,471 345,254 3,458,770 881,701 * Note: See attached statement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Attachment to FY 80 CDBG Budget Status Anticipated unencumbered balance for June 30,1980 is as follows: $ 300,000 Ralston Creek Flood Control - remaining funds for North Branch dry dam 15,000 Comprehensive Planning - may be reallocated to Ralston Creek Flood Control 14,000 Energy Conservation - may be reallocated to Ralston Creek Flood Control 150,000 Urban Renewal Activities - leave intact to pay for outstanding R-14 relocation/acquisition claims and redevelopment monitoring in FY 81 402,701 Contingency - reallocate as suggested below $ 881,701 Contingency must be reallocated to specific projects prior to June 30,1980. Following is a suggested reallocation: $ 10,000 Housing Rehabilitation - FY 80, 312 Administration 200,000 Senior Center - FY 81, Construction Budget 27,693 Senior Center - FY 81, 6 months Administration 77,015 CDBG Administration - FY 81 87,993 Ralston Creek Flood Control - FY 81, North Branch $ 402,701 O Additional funds ($250,000) resulting from the sale of the Block 64 hotel site may be budgeted during FY B1 for the Ralston Creek North Branch project. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES City of Iowa City MEMORANDUM Date: Deramber 12, 1979 To: City Council l From: Rosemary Vitosh, Director of Finance (Z J Re: Purchase of New Library Site Since central libraries are not eligible for CDBG activities, it is necessary for the new library site to be purchased from the CDBG Program. Council has indicated that they wish to sell the old library site for commercial redevelopment and use the sale proceeds to purchase the new library site. HUD regulations require that the land purchase be made when the Library Board takes possession of the site for construction. The bond proceeds will be disbursed over time during the construction period. This allows for the disbursement of the land price to the CDBG program from the bond proceeds at this time. As soon as construction is far enough along to accurately predict the completion and occupancy dates for the new library, plans can be made for the sale of the old library. The current construction schedule projects completion in January, 1981. This would call for marketing of the old library site in the fall of 1980. Any major construction delays would of course change this timing. 'The sale of the old library site would be timed to coincide with the move from the old library to the new library. However, it is possible that a two to three month lag could occur between construction completion and actual occupancy of the building due to the installation of carpeting and the amount of time needed for moving. This would necessitate a temporary transfer from the General Fund of $155,000 to the Library Construction Project Fund. Upon sale of the old library site, the General Fund will be reimbursed from the sale proceeds. If this occurs between January and June, it can easily be taken from the fund balance with little cash flow affect. However, the General Fund must be reimbursed by the end of June in order to avoid cash flow problems due to the low rate of revenue received in the first quarter of the fiscal year. It should be possible during FY82 budget planning to foresee any such problems and make allowances for it in that budget so that a cash flow problem is averted. This temporary use of bond proceeds has been discussed with Lolly Eggers, Library Director and the attached memo did go to the Library Board. bj/sp °235/.3 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES City of Iowa City MEMORANDUM Date: December 12, 1979 To: Library Board From: Rosemary Vitosh, Director of Finance Neal Berlin, City Manager Re: Purchase of Land from CDBG It is necessary to purchase the site for the new library building from the Community Development Block Grant program (CDBG) at a cost of $155,000. The bonds sold for library construction did not include this land cost as it was the intent of the Council to sell the old library building and use the sale proceeds for purchase of the land from CDBG. HUD regulations require that the CDBG program be paid for the land when the Library Board takes possession of the land for construction. The timing variance between the purchase of the new site and sale of the old building necessitates that funds be found in the interim for the land purchase. Therefore, the $155,000 will be paid out of the bond proceeds at this time. When the Library Board needs these funds to complete the project, the $155,000 will then be taken from the General Fund and transferred to the Library Construction Project Fund. The General Fund will be reimbursed at such time as the old library building is sold. Because of the delay in construction of the Library Building, a sufficient cash balance is available in the project fund to allow this payment.to be made without reducing current investments of the bond proceeds. Therefore, this action will not result in a reduction in the amount of interest income already projected to be earned from the temporary investment of the bond proceeds ($329,818). cc: City Council bj3/1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rD]InES City o4 lova Cl Date: December 13, 1979 To: City Council From: Richard Plastino, Director of Public Works Rosemary Vitosh, Director of Finance Re: Assistant Transit Manager/Designated Bus Stop Signs In an earlier memo, it was suggested that the City immediately retain an Assistant Transit Manager and install designated bus stop signs throughout the community. This particular item was discussed at the Monday informal meeting December 17. The expense for these two items is as follows: Designated bus stop signs $15,000 (material only, labor will be absorbed by Traffic Engineering) Assistant Transit Manager - 6 months $10,625 ($17,000 plus 25% fringe benefits for k year) Total $25,625 The source of revenue is as follows: Unanticipated payment from University Hgts. $11,800 Return of 1978 transit grant $13,825 Total $25,625 The City recently received reimbursement for the State portion of the 1978 transit grant. The total received was $69,700. Some of these funds are being used to cover the cost of two extra buses that were started August 1979. $25,000 of this money must also be used to cover the difference between the anticipated FY80 state transit grant and the actual FY80 state transit grant. Another potential source of additional revenue is fare box revenue. Following standard financial procedure, the City was very conservative estimating fare revenue (we estimated it low). It appears that actual fare revenue will exceed the budgeted amount. This means that at the end of the year (July 1, 1980) there will be some amount of additional revenue in the transit system. Additional fare revenue could be used as a source of extra income to fund the Assistant Transit Manager and designated bus stops. We felt it was better to use firm, identifiable sources such as the University Heights payment and return of the 1978 transit grant. In summary, identified available money is available to fund an Assistant Transit Manager and designated bus stops immediately. Public Works does recommend that we start the signing program immediately and begin hiring procedures for an Assistant Transit Manager immediately. . cc: Hugh Mose bj4/8-9 MICROFILMED BY JORM M'CROLAB CCDAk RAPIDS -DES HOMES 231/5 Date To: December 10, 1979 Dick Plastino and Neal Berlin From: Hugh Mose ' Re: FY81 State Transit Assistance At a meeting in Des Moines last Friday Frank Sherkow of IDOT's Public Transit Division unveiled the state's funding formula for FY81. �> As incredible as it seems, the state has developed a formula that is even r t than the former discretionary program, e declares that sustenance fun ing Rs o be assisted by federal programs, and that state operating assistance will be based mainly on improved performance. The new formula is designed to compare each transit system against its performance in the previous year. For instance, ridership, ridership/expense, revenue/expense, ridership/capita, revenue miles/capita, and revenue miles/expense are compared for FY78 and FY79. Also, two subjective performance factors are considered: an overall system evaluation and an assessment of accomplishment of contract objectives. The final factor included in the state's formula is an j evaluation of local transit support. The proposed formula adversely affects all of the larger systems in each of the three categories (large urban, small urban, regional). Operations such as Des Moines, Iowa City, and Region 10 all lose substantial funding, a or show substantial increases. ercen a eowa Cit is the biggest os our state assistance rIB 1 drop by approximate y o , alville, on the other and will actually receive more hand, receives a tremendous increase, dollars ($74,932) than Iowa City. The state's position seems to be that the new Section 18 funding will make up for the lost state assistance. In my view, this is contrary to the intent of the whole Section 18 program, as we are simply substituting federal assistance for local support. Also, this type of formula, which is based on performance evaluation, has been severely criticized by the American Publc Transit Association (APTA), the Urban Mass Transit Administration (UMTA), as well as other transit interests around the country. It is imperative that Iowa City, either singly or in cooperation with the other adversely affected properties, move immediately to pursuade the state Public Transit Division to modify their formula proposal. I understand the end of ec r. We should use all means available, particularly wit legislators, to insure that this formula concept is not implemented. i cc: Rosemary Vitosh Mel Jones bjl/18-19 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES ?10111E5 3516 City of Iowa Ci.y MEMORANDUM DATE: December 13, 1979 TO: City Council / FROM: Dennis R. Kraft, Director of Planning $ Program Developmentl'�J1 Marianne Milkman, Planner/Program Analyst M RE: Riverfront Improvements - Rocky Shore Drive Trail Congress has finally approved the Surface Transportation Act. Appropriations under this Act include $4 million for bikeways nationwide. Steve Larson, Bikeways Coordinator for IDOT, has informed us that neither the State Federal Highway Admin- istration (FHWA) nor the Regional FHWA Office in Kansas City have any information on how these federal bikeway funds will be allocated, nor what regulations will be used. However, they assume the funds will be allocated regionally, with states forwarding requests to their region on a first come first served basis. Larson has therefore suggested that we prepare a preliminary application for federal bikeway funds for the Rocky Shore Drive Bikeway. He feels that the Rocky Shore Bikeway project is a strong one because of the link with the Finkbine Commuter trail which was constructed with 80% Federal Bikeway Demonstration funds. Larson points out that there is no guarantee that this is the way the federal funding will work, but there is a lot of interest in bikeway funding around the state, and forwarding an application by January 31, 1980, would be a good way for us to get a head start. At a meeting on Wednesday, December 12, 1979, the Riverfront Commission recommended that we proceed with a preliminary application as soon as possible, in order to encumber the FY80 CDBG Riverfront Improvement funds to be used as part of the local match. Funding for the trail would be approximately as follows: CDBG (Riverfront Improvement) $ 22,000 Project GREEN 5,000 Federal Aid Highway Act Bikeways Funds (75% match) 81,000 Total $108,000 If it appear) by April 1, 1980, that we will not know whether federal funding for this project will be approved (or if federal funding is not approved), the Riverfront Commission has recommended that as much as possible of the trail be constructed with CDBG Riverfront Improvement funds. With your concurrence, we will proceed with the application for federal bikeway funds at this time, and if necessary, make an alternative recommendation on use of the CDBG Riverfront Improvement funds in April, according to the figures below. a 3y;p - - .-, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ito IDES City Council December 13, 1979 Page 2 Riverfront Commission ReCe1N11011au L1 Funds ($75,000) Alternative 1 Sturgis Ferry Park Boat Ramp Rocky Shore Drive Trail Completion of City Park Trail Administration Total Y 4 e Alternative 2 Use $20,000 22,000 25,500 7,500 $75,000 Sturgis Ferry Park Boat Ramp $20,000 Rocky Shore Drive Trail 47,500 Administration 7 500 Tota] 75,000 DRK/MM/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101rIES City of Iowa City'` MEMORAN UM DATE: Dec r 12, 1979 TO: Planning and Zoning Commis o� ,,_Q. �1 FROM: Don Schmeiser, Senior Plan n /I,/�ui � RE: New Proposed Zoning Ordinance and Map Review and Adoption Schedule Consistent with the Council's desire to "adopt the new zoning ordinance and map sometime next spring" and your desire to submit a formal recommendation to Council concerning said zoning ordinance and map an or before April 1, I have developed a schedule for continued review and ultimate adoption of the zoning ordinance and map as follows: January 3 Regular formal meeting 7 Review of "River Corridor Overlay Zone" with Riverfront Commission 10 Review of "High-rise Multi -family Residential Zone" 14 Regular informal meeting 17 Regular formal meeting 21 Review of "Mobile Home Residential Zone" 24 Review of Zoning Map 28 Review of Zoning Map 31 Review of Zoning Map February 4 Regular informal meeting 7 Regular formal meeting 11 Review of "additional regulations" 14 Review of "sign regulations" 18 Holiday 19 Regular informal meeting - set zoning ordinance and map for public hearing 21 Regular formal meeting 25 General review of zoning ordinance and map 28 General review of zoning ordinance and map March 3 Regular informal meeting 6 Regular formal meeting - public hearing on zoning ordinance and map 10 Formulation of recommendation to City Council 13 Continued formulation of recommendation to City Council 17 Regular informal meeting 20 Regular formal meeting 24 Continued formulation of recommendation to City Council 27 Final recommendations approved. You will note by the schedule that it represents a rather ambitious effort on the part of the Commission to complete review of the zoning ordinance, particularly in review of the zoning map. The Commission, therefore, should make every attempt to review the ordinance at regular informal and formal meetings and/or on Saturdays between January 5 and February 9. Following are the dates of the Saturdays between the above dates: .�23yr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.OLS II01:jtS Planning and Zoning Commission December 12, 1919 Page 2 January 5 12 19 26 February 2 9 Finally, the "Tree Regulations" and the "Flood Plain Overlay Zones" are not indicated for review by the Commission. These sections are regulations and zones which were previously adopted by ordinance and have been rewritten to place them in the new zoning ordinance format. DS/ssw cc: D nis Kraft, Director of PPD 7eal Berlin, City Manager MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FD)Ir1Es City of Iowa Cif, MEMORANDUM DATE: December 12, 1979 TO; Neal Berlin, City Manager City Council FROM: Lyle G. Seydel, Housing Coordinator% RE; Section 8 Preliminary Proposal - New Construction IA05-0043-002 Highview Manor Apartments Iowa City, Iowa Developer: Larry Carlson I. The Des Moines HUD Office has referred the above referenced proposal to the City for comment in accordance with current regulations. Those re- gulations state objections to approval may be based on one or more of the following: (a) The proposed number of dwelling units exceeds the 3 -year HAP goal by housing type or by household type. (b) The proposed location is not within the locations in the applicable HAP, and is objectionable for specified reasons. (c) The proposed housing assistance is inconsistent with any other limiting factors set forth in the HAP. The regulations also state that the local government may choose not to com- ment, and, further, that other comments relevant to a determination by the Field Office may be offered. 2. The proposal was submitted by Larry Carlson, Moline, Illinois. It con- tains provisions for 100 two-bedroom units, (10 Buildings, 2 story) placed on a tract of 12 acres situated at the Southwest quadrant of the intersection of Highway 1 and Old Dubuque Road. 3. The parcel is now zoned RIA and could not be developed at proposed den- sity without rezoning action. The comprehensive plan designates the area as "Office and Research Park"; therefore, before rezoning could be accomplished, the Comprehensive Plan would have to be amended. The terrain in this specific instance is quite rough and contains several sharp ravines and probably is not suitable for Office and Research Park Development. 4. Development at proposed density could be serviced by public utilities. Water, sewer, gas, electricity are, or will be, available at or near the site. S. The city bus passes the proposed site twice in the morning and twice in in the evening. The nearest regular bus stop is at Prairie du Chien Road and North Dodge Street, approximately 'i mile from the site. �? 377 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 2 6. The three year housing program goal (July I, 1979 - June 30, 1982) is as follows: Housing Assistance for Renters = 265 (40 eldc-rly (202 Small Family (23 Large Family Further broken down as follows: New Rental Units = 145 20 Elderly 11.6 Small Family 9 Large Family Rehabilitation 20 10 Small Family 10 Large Family Existing Sec. 8 100 20 Elderly 76 Small Family 4 Large Family In view of the above the propos.; is in accord with the HAP. 7. It is recommended that HUD be er,..uraged to approve the allocation but advise them of the potential problem with zoning and suggest the developer submit an alternate site(s). LGS/cf FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES CITY OF IOWA CITY CIVIC CEITEf? 41U E WASHINGION SI IJVVA CI1Y 1CM/A 5224(-) (319) SS•=; 1=;'.:. December 12, 1979 Norman C. Jurgens, Supervisor Department of Housing $ Urban Development Des Moines Service Office Federal Building, 210 Walnut Street Des Moines, Iowa 50309 Re: Letter Your Office dated December 6, 1979, Subject: Section 8 Preliminary Proposal - New Construction IA 05-0043-002 High View Manor Apartments Iowa City, Iowa Developer: Larry Carlson Dear Mr. Jurgens Pursuant to 24 CFR Part 891.204, the following comments are provided concerning the Section 8 Preliminary Proposal referenced above: a. The proposal is in accord with the Housing Assistance Plan submitted and approved for this city. b. Utilities (water, sewer, gas, electricity) are avail- able at or near the site. c. The city bus passes the site four times daily --current schedule is 7:30 $ 8:00 a.m., 4:00 6 4:30 p.m. Nearest regular bus stop is approximately ]S mile. d. Current zoning will not permit development at proposed density. The Comprehensive Land Use Plan designates the area as "Office and Research Park"; therefore, rezoning to a residential designation would require amending the Comprehensive Plan. This would be time consuming and there are no assurances that the area can or will be re- zoned to permit development at the proposed density. e. The city is pleased to know that private enterprise is willing to participate in providing housing for low in- come l�mlilies and encourages approval of the allocation of units to this community. The proposed site is ques- tionable; therefore, it is suggested that the developer be asked to select an alternate site or sites. Sincerely Robert A. Vevera Mayor cc: Eastern Iowa Association of Regional Planning Commissions MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOINES M r o? DEP, 1 DEP. EM ENT I OF HOUSING AND URBAN G +' IIIIIIII i•r, cLOPMENT SERVICE OFFICE FEDERAL RUILDIND, 710 WALNUT STREET •�!"O �� DES MOR! CS, IOWq 50707 RN(IIU\ V11 PrA. uJ 011e. IWiLhr y; r,Il Wb luw 4N n.l ,114101, December 6, 1979 Honorable Robert A. Vevera Mayor of Iowa City i City Hall Iowa City, lows 52240 aDear Playor Vevera: Subject: Section 8 Prelininary Proposal - New Construction IA05-0043-002 High View Manor Apartments Iowa' City, Iowa DEVELOPER: Larry Carlson IN NI:V�y MEIEN 141 We have received and are considering a Preliminary Proposal to develop housing in your jurisdiction under the Section 8 Housing Assistance Payments Program for new construction. The proposal consists of 100 units at Route 1 and Old Dubuque Road. The proposed construction would include the following units: BUILDING UNIT SIZE NUMBER OF UNITS TYPE No. of Bedrooms otafi�jy Ualk-up TwD-herb — Pursuant to Section 213(a) of the Housing and Community Development Act of 1974, your unit of government has the opportunity to object to our approval of any application on the grounds that the application is inconsistent with your Local Housing Assistance Plan as approved by HUD for your jurisdiction. The review criteria to be considered by your unit of government are outlined in Subpart B, Applications for Housing Assistance in Areas With Housing Assistance Plans, of the regulations in 24 CFR Part 891, Review of Applications for Housing Assistance published in the Federal Register October 30, 1978, s MICROFILMED BY JORM MICROLAB CEIIAR RAPIDS -0[s IIOIIIES r'. 2. You are required to submit any objection by your unit of government based on these grounds no later than 30 days after the date of this letter. If your unit of government does not intend to object, please notify us as soon as possible, so that we can expedite the completion of our review. Any other comments your unit of government might have which are relevant to my determination concerning approval of this application for the housing assistance (e.g., site related comments; whether the Proposal is approvable under local codes and zoning ordinances) would be appreciated. Sincerely, ' Norman C. Jurgens Supervisor Attachments P.S. A copy of this letter is being sent to the A-95 State and Areawide Clearinghouses serving your jurisdiction for coordination purposes. cc: Office of Planning and Programming Eastern Iowa Association of Regional Planning Commissions s• 1; as a; 'i a 3v� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES I yuan Apporred EVARAp� OMR NO. 63410676 B I{EPAR Thir F"o1,. INr:ANTI Vk11AN III:Vt:LOPMCNT NfENrl FC DI.n AL IIOUSINLAUAIINISIIIATIrIN .'�iri APPLICATION - PROJECT MORTGAGE INSURANCE 11401 View Manor • ❑M.nu/aewred [yconrentlonwr euW rnA.'NpmWr.-- - IA050043 —DO;�, TO: U.S. Dep[. of Ilou :in); d Urban Uevelopml•ul ' __�ZDf-700 The undersigned •loon she and the FEDERAL ROUSING COMMISSIONER. principal amount It E 221 (d) (4) of the National Housing Act, mid Inun to be accused by National al Hotta , to be insured under the provisions of Section a !fust mortRHEe un Insurance of adduring construction b7 is, ❑ u not desired.❑ Feasibility (Reha),) the property hereinafter described. [I Type it Mortgagor. O Phi ❑ LD ❑ II -S ❑ NI' Permanent hlnrtRsge Interest Itale SAh1A ❑ Conditional ❑ Firm Sect ion 8 7. S .a. Ar1.tlunJrlp- Do".... Personal or Other µatwean S.Wr %..NMA Preliminary A. LOCATION AND DESCRIPTION Of PROPERTY: he Allcorn I. NUe<I Nur. 2:5trretI oliu J. Aluelldpd lty (. Cl... Toll --- old Dubuque Rd. Iowa City 22 b. CoonsY O.Snbmd2lPCode 11.1.,•. Johnson Iowa Z Tyra of holerL ❑ tlavato. a Walkup N, Nu.."oll.4 U. soundest .... : ❑ Row IT.11.1 ❑ pebchad ❑ 7 Stab un Fu11 Pu0.1 L'nwl Va. O 1 Flour. S[mnurel Serol-Iluaehed G1.dr ❑ Hasemen[ I u• inclul Nlen un ❑ H.rnt. ❑ Spare ❑Slab E5 Grade I1. Number of Unita 12. Numhe, 13. List Aer.." HUUding. and An.Lbt 1,l us, tidings o Ree,tlon Flemlle. and Ana C&,apo.rd Revenue Nnn-A.r, 1'lavgrounds, Low Density .�L,bunt 10010 1'rees, Large Green Spaces rmnE SITp rN Chou am,n.• x1,11.111NG INFOIIM ATION 11. DImrnOON: laL 12 Acres I6.Yr.Vuut I6a. ❑M.nu/aewred [yconrentlonwr euW I. by I. by (Lor so. ft. Ned ❑Modulo ❑Cempunenb C..p{ 15.'Lorsinp ltYrnl)'C ! 11, rN1 epi 71CP I6b. Eaterlor F'm1sil 17. Ntmrtunl SY,tem 1<-I (.•ee Letter) 17a. Floor Sy,; lLa.. Ilollna•A/c ) I•.'ood Wood Food Joist F.lec It INFORMATION CONCERNING ' LAND Oil PROPERTY: IU. ti.Ir Ac ved 20. Pureh.- Prier 21, Addltluu.l (:wb Paid •L 2. Ir Lra,ehold Mmual Ground 2,I., 'i:l b. Oust N,d.N .a. Ar1.tlunJrlp- Do".... Personal or Other µatwean S.Wr he Allcorn Renl Totd Cort 11.1.,•. and HYYet 11-29-79 { 84,000 { None s ------ 84,000 clone { .84,000 2S• Utihan: tibµc Co.munt[Y Dialusr 26. Unusual Site Feature.: fm. bill Were, Cy ❑ to Site ❑ Cub ❑ FW. ,.y ❑ µoak Form.tlan. ❑ Erosion None sewers CIC= ❑ to Site 1.'l ❑ Poor Drainage ❑ plRlr Water Table CJ µebinlnt Walla Cl Olhar(SprcUy) ❑ OffSOe imp rove... to C. ESTIMATE OF INCOME: 27. Numbs of Llrin{Ana U nit Ileo! Total Alonitd Family Type Unit (Square Feel)y Reof Composition of Per Month Vnll Type PBR 100 876 sC 2 BR, 1B, k, DA,s 349 $70 I �crr�s r OV 30 iL=F-sI. WO° CASss 12N. T(ITAL ESTIAIATED RENTAMILI' VNITSt'1.'J. NumWt u! PukbR Swed:Attended oh, n No." 200 . per ntnnlh - O- IJ'S,lf Park 200— Corned Nyne. eI' Per."hill - Duund Lrrrl sr.IL,4't_- per M.. t t. I.....InOther Level. 11.. x tPer ro. It.l:nunW34,900TOTAL ESTIMATEDGROSS PROJECT INCCCUPANCY { :12, TOTAL TOTAL ANNUAL RENT (I enOI.1' 12numi IO) * 418,800 aa. l.nn• FI"ur Air.; Net R.M.- ' Ar.idenlial Aru; OS, Net 1lenbbir Cpmmereid Mea: IIf•.600 87,600 M. Il. .a. It. - 0 - ai. M. is. NON -REVENUE PRODUCING SPACE Typr or Employ,, No. IWnmr. Corm osi Onn of Unil Location .l Unit in Pn.feel D. EOUIPME.NT AND SEIf VIdXS INCLUDED IN RENT: ((,lu'r'k .I ) )re enile Ilenl.rl ,17. t: V 111YM t:N T. u lu Inra IGo hr Elrcl EJ U.drwa.hn .l N. SEII VICt:N: ❑Ilea :441. SPECIAL ASSESSMENTS: .V glint 141,1,* Else.) ❑ C.qut ❑ 11.1 war., GAS: [) CouFmt [J Au CnnAluonmt .. ❑Repayable ❑ Non•heor Y.hle Au Cond. IEouip. Only1J Dupe. �_ ELEC.: ❑ Ilnt Ilnt Wan' b. Procip.l knrhrn L.Ir.Nt Iln ❑ hwtmmin Y"nl ❑ Cnnkint ❑ Au CanAmonlnt B.I.C. t _ L.undr, I.rdu.n Q Tennb Chun ❑ Lphp, etc.. in Unit e. Annual Uupu..l [I'Ulba lyy ri0/ OTHER FUEL: ❑ Ileo CI Ilnt W.br Payment f All- l.(i�1IL.L ion i Sl rl'VeS lis❑ WATER 1`j oTREA Trash - ----- d. 7trmunlnt Removal Tom G;;,- ✓ 7-/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :101MES BEST - IPO*QL0IENT ^� kVAR ABLE I. NA11 ES, yll t:SXFs AND TF1.1:1'II(Nf: NI11d If CltN UF'I'III•: FULLIIN'INC: L NYUNM)IIaN): N.nv. AJdr... ,W ZIP CGN.: !-' �; R. CON'TRACTI)It: N.mr. ndda ...e.•1 LII• L'uJ.: Larry Carl::on I �� 3527 12th Avenue �I Flollne, Illinois 61265 TO Ill., NMIIiU Trlrnena. N.lmb.r. (309) 797-8508 �: Trlrnhnnr Mmtlwr J •- _ name. tinny.. �mJ /.IP Cuda^ ;I :1. NI•UNMlIt . Al I (IIrN1.1 : N. mr, Alhoe . an I LII• I: nrle: Don 3'. Nordstrom l "-I I 224 18 Street Rock Island,Illinois 61201 •l'(( Illi NMIRD I' _j T.I.abml. Na ml.rr. (309) 786-714.1 b li...... ........ ._ 14. r— I Name. Addicts and "LIP Cadr, Sam Cnatovicll 3433 52 Street Moline, Illinois 61265 Num �i i.A11C111TECT: Name,Addm..andzll•Cudr. Non Nordstrom Murdstrom 6 Associates 501 Rock Island (tank Rldg, I' Rock Island, Illinois 61201 I' NnmAvr; (309) 786-7143 The undersigned, as the principal spomur of the propuu•d mortgagor, certifies that he is familiar with the proviamns of the Regula• lions of the Federal Housing Commissioner under the above identified section of the National Housing Act and that to the brat of his knowledge and belief the mortgagor has complied, or will be able to comply, with all of lho lu n•quurnnrnls thereof which are pra•n•ry uisik• insurance of the mortgage under such acetion. The undersigned further certifies that to the beat of his knowledge and belief nu information or data contained herein or in lh, es• hibils or attachmen(a listed herein are in any way false or incorrect and that tile) are truly dv.%vriptive of the project or proPrrty which is intended as the security for the proposed mortgage and that (lie proposed construction will out viulate zoning ordinances ur restrictions of record. The undersigned agrees with the Federal llousing Administration that pursuant la the rtnryirements of life F FIA Regulations, la) neither he nor anyone authorized to act for him will drelin , to sell• rent orptjrerwisa• make available any of the properly or hou.ing in the multifamily project ill prospective purchaser or tenant because of itis tilde, color, religion or national•onei'l; (r) he will comply with fa•dMai, stat, ,,if lural laws and ordinances prohibiting discrimination; and (r) his failure ur refuvll to t•ougdy wllh the ra•y uirrnu•nls of either (a) or (b) shall be proper basis for the Commissioner to rejecl rete tp for (afore business with the complyflotation will,idenIt,, ifivil fl to laky any, olhei corrective action he may deem necessary, ! L �� //�/i� RECEIVED FHA BY Dale: "ovembcr 29, 1979 ..{Sigo. / (/G� _�i L.Lllllwaa) I NOV 30 1979 � t, IfE(ll'l:,il'I'lIR(:f)illll%'Ill:\'l'r ❑l:nnditnnnl UI•irm L CODE CASH SCH 'Ill: l'lildiltal. Hill .il\C lYLIIIiI.i,illh\l:'ll: ta••- —•_-.r hirtunia fu IIIc it the .\'reline. pj Ihr Animin l Ho,,00p :Irl uL•nri/irrl in Ihr Inrrp;uur_ nlrlrLrnhnn wnl 111 I f6•euinGrun upplural.Ir then -to. rrgru•.rt is In•rrbc rnndr aur Ihr utunnrr• rr/n ruuuu mil ......I In in, nrr a nu.rlpgcl• ..nervine der• prup,vlc dr.rriLrJ uL..rr. :I f err-.Ianonnfinn u/ I/,,- upphrtn m naol Ihr i u r c vl r •ptil r, der oadrrnleI'll runsull•r.' It• la he h%orahh• oprop'e'l .uid,l.. inlr2.b•d m aWkilipu loan fit the pnripld .... rmnl of F I•t •y6ft. jfiU I . u lrlr•h will I.r•nr lal.v` rtl til ., willrrquvr n•larvuuvlr uI prinrgad nrr, n prrind o/ nuua chs nrr•nrdolg fn nnrnrMulion Ida", ggn•I•r/tip, ur —_-- Innrrnure of odvnnr,,t during ron.slrucfion El IJ. Ort not desired. 11.0 und�rt¢..nl Ihm Ill,- Iuourring vIpense. in III,, nruuunr o/ g nor e.l. 1.1; .., . '�. til Ihr nrnuunl n/ vnur rnrn roil uu•n I. llr•rrlrlfh it rh". L h•r ,.' Idonn.. Iddract n/.Ilnrltna.•I': 'fu Cr \salla 11 3111111"'t to nripmonvni... that Ito• tool gill n•Inrh a or Irrvnrnf of rhe npphrv:lurn l•'•• rv,p ord LI I // 1 16•r•n .irgnr•J: _�_ IYrmaurd Murl[a[rrl .—... — FOR FHA usr rwi v MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS MOINES ti. � IOWA CITY CRISIS INTERVENTION CENTER 112% E. Washington Street Iowa City, Iowa 52240 Memo To: Crisis Center Funding.Boards From: Kay Duncan, Director RE: Crisis Center Fiscal and Program Activities, July 1 --September 30, 1979 71979 Cribs Line: 351.0140 Business Office: 3512726 Enclosed you will find Quarterly Financial Reports for both the Crisis Center and Transient Services. A summary of program activities is as follows: * Crisis Intervention Procram Crisis intervention counseling, information and referrals, and emergency transportation was provided on a 24-hour, 7 -flays per week basis to anyone who contacted the Center for assistance. Such assistance was provided by trained volun- teers and free of charge. * Food Bank Procram Local residents needing emergency food assistance were pro- vided with canned food items from our food bank and vouchers to purchase perishable food items at local grocery stores. The canned food items and funds for vouchers were donated by local churches. A summary of financial transactions for the program between July -September are as follows: Carry Over $120.80 Income 0 120.80 Expenditures on Food 111,34 Balance $ 9.46 * Spouse Abuse Victim Advocacy Program Specially trained advocates were available 24 -hours per day, 7 -days per week to provide counseling, information and referrals and advocacy services to victims of domestic vio- lence. * Transient Counseling Services 24-hour crisis intervention counseling was made available to transient persons stranded in the Iowa City area without means to,meet their food, lodging and transportation needs. When direct financial assistance was warrented, individuals were referred to the Crisis Center's Transient Service. MICROFILMED BY JORM MICROLAB CEOAR RAPIDS•DLS MOVIES a.3.5 -2- ' A statistical breakdown of number of•clients served will not be available until January, 1980 as our data collection system is currently being changed. Action taken by the Crisis Center Board of Directors during the Quarter: I. Board accepted bids for remodeling of Center to provide for more private counseling space, larger work area for volunteers and more office space for staff and practicum students. Contractor was selected and $1,000 in savings was used to cover costs. 2. Proposed budgets for Calendar Year 1980 and FY80 were approved by the Board. 3. The Board approved contracting for services with Adams Answering Service to patch calls through to volunteers' homes between 2:00am and 11:00am. The current system where callers receive a recorded message and phone number of a volunteer will be etrminated January 1, 1980 and switched over to utilizing the answering service. 4. The Board formed a Staff Advisory Committee at the request of staff. The committee is made up of four Board members j who will assist staff with management and personnel issues. j The Board also adopted an updated organizational chart for the Crisis Center. The next report you will receive will be in January, 1980. Copies: Mary Ann Volm, United Play Carol Peters, Administrative Assistant, Johnson County Board of Supervisors Neil Berlin, City Manager of Iowa City Michael Kuttchee, Mayor, City of Coralville Julia Steffen, Treasurer, U of I Student Senate Ed Heininger, Chairman, Ecumenical Consultation KD/JS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO HIES Iowa City Crisis Into,vention Center FY80 Financial Report--- 1st Quarter ending September 30, 1979 Expenditures Director Actual Proposed Assistant Director Year To Budget Income Date FY80 United Way 3,249.99 13,260.00 Johnson County Board of Supervisors 3,650.00 14,600.00 Iowa City 1,250.00 5,000.00 Coralville 1,000.00 1,000.00 U of I Student Senate 36.00 1,660.00 Work Study Match 571.66 2,800.00 Donations/Reimbursements 100.00 500.00 Sale of Training Manuals 112.00 50.00 Transfer from Brd. Designated Savings 1,360.00 1,360.00 Other (Donated Printing Services) 6.74 ---- Crisis Center Transient Service ---- 400.00 Carry Over in Checking 1,599.79 1,599.79 Total 12,936.18 42,229.79 Expenditures Director 3,000.00 12,000.00 Assistant Director 2,568.75 10,275.00 Work Study Student 843.33 3,500.00 Medical Insurance 247.20 1,039.00 Malpractice Insurance ---- 1,100.00 Employer's FICA 341.39 1,368.00 Unemployment Tax 66.61 324.00 Worker's Compensation ---- 368.00 Office Supplies/Duplication 145.19 625.00 New Goods and Equipment 307.54 200.00 Telephone 434.09 1,775.00 Postage ---- 350.00 Office Rent 900.00 3,600.00 Liability Insurance ---- 180.00 Gas/Electricity 107.25 500.00 Water/Sewer 7.37 75.00 General Supplies 66.94 250.00 Pager Rental 110.79 390.00 Typewtiter Rental 36.00 144.00 Equipment Maintenance 23.96 75.00 Building Maintenance 1,167.38 1,100.00 Printing (publicity) 8.40 300.00 Subscriptions ---- 80.00 Publications 11.75 70.00 Media (ads) 130.92 500.00 Bookkeeping 40.00 720.00 Conference Fees 40.00 150.00 Miscellaneous 23.06 75.00 Answering Service ---- 435.00 Total 10,623.92 41,568.00 Balance Checking $2,312.26 Balance Brd. Designated Savings $2,289.28 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101flE5 Crisis Center Transient Service FY80 Financial Report--- 1st Quarter ending September 30, 1979 Income United Way Churches Iowa City Coralville Donations Reimbursements Other Carry Over Checking FY79 Total Expenditures Food Lodging I Transportation iSpouse Abuse Fund Miscellaneous { Supplies Telephone Postage (Paid to Crisis Center) Bookkeeping Rent (Paid to Crisis Center) Total I f Balance Checking $65.59 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r10 R7E5 Actual Proposed Year To Budget Daee FY80 499.98 2,040.00 617.50 3,257.54 625.00 2,500.00 500.00 500.00 ---- 300.00 325.00 480.00 189.96 189.96 2,757.44 9,267.50 700.25 1,300.00 812.62 3,600.00 693.96 2,000.00 115.23 100.00 237.71 1,000.00 ---- 147.50 52.08 80.00 ---- 50.00 80.00 720.00 ---- 270.00 2,691.85 9,267.50 MINUTES OF STAFF MEETING November 21, 1979 The Finance Director gave a presentation on revenue projections. The City Manager requested the following items from the department heads: 1. What suggestions do you have for increased revenues for the City? Do not limit it to your department. 2. Prepare another level of adjustment downward in your budget. Use the same form for a 15 percent reduction. 3. What suggestions do you have for restructuring the City government that would bear favorably upon expenditure levels? The City Manager advised that he is considering going to the City Council on December 3 with a more detailed explanation of the revenue projections, where we currently stand at the end of the first quarter, and a proposal as to how they are going to handle the budget. We will not go to the City Council initially with a bottom line budget. 'rhe budget proposals will go through the Finance Department and the City Manager's office where they will be analyzed and we will try to construct a preliminary budget. Then we will go to the City Council and review these proposals and ask the City Council to provide some sense of direction in program priorities. There will be so many alternatives to be considered this year by the Council that it doesn't make much sense to bring in a balanced budget for Council consideration. The City Manager noted that with a new Council member, it is an appropriate time to go through things that relate to general operations. For the most part City employees are responsive to the public, however, we do receive some complaints. We are trying to deal with this through the Union. The department heads were asked to stress to their employees that they must be courteous. Also, when a decision is made by the City Council, the staff should accept this decision even if they disagree with the decision. Coordi- nation with other departments was also mentioned. The City Manager stated he doesn't want to be a referee between departments. He encouraged coordination and cooperation with each other and to deal reasonably on a day-to-day basis. The City Manager also encouraged the staff to be conscious of the number of people working on a job. Be conscious of the appearance to the public. Also, there is a need to provide reminders to staff. When directions come to the departments from the City Council or the City Manager, it should not be necessary for the City Manager to provide reminders. Departmental referrals from the Council meetings of November 19 and 20 were distributed to the staff for review and discussion (copy attached). o239*1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610INE5 MINUTES OF STAFF MEETING November 21, 1979 Page 2 Items for the agenda of December 4 include: Public hearing on Magoo's liquor license. The Police Chief will make a recommendation regarding the length of suspension of license. Inspection contracts for parking ramp Resolution on snow removal Public hearing on Block Grant budget amendment The resolution to adopt the Rehabilitation Manual will be put on the agenda of December 13 to allow time for review by the City Manager and Legal staff. Prepared by: / Lorraine Saeger MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES A Informal Council Meeting DEPARTMENT REFERRALS November 19, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES SUBJECT DATE REFERRED DATE ~ RECD M DUE COMMENTS/STATUS W Youth Homes, Inc. 11-19 Finance Make $4,000 advance as requested. One -side parking prohibitions 11-19 Public Wks Relocate signs as discussed to facilitate existing snow ordinance. City -owned land disposition 11-19 H&IS Lyle to ensure that all adjacent property owners are notified when public hearing is held on disposition of various public housing sites. Dennis Kraft provide information or. Block Grant information 11-19 JP&PD Bob Embry to Mary Neuhauser before 11-23-79. Confer with City Manager re, r'- iod Budget - Parks and Recreation 11-19 Parks & Rec of projecting expenditures ana'-' income. Are income projections i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES Regular Council Meeting November 20, 1979 DEPARTMENT REFERRALS 47- IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 w SUBJECT DATE REFERRED DATE DUE COMMENTS/STATUS I RECD TO 9 W Send all correspondence , etc., re. Cook's easement problem to John Steve Cook Property 11-20 Public Wks/ Hayek who will follow up with Cook'; Le al Send notice to Council and Lai ' Assistant Today lynch re. date of next Airport" Airport Commission 11-20 City Mgr 11-21 Commission meeting. Beldon Avenue Zoning Appeal 1-20 Assistant Today 11-21 Advise Mary Neuhauser when hearing City Mgr will be held. Cemetery Wall Project 1-20 Parks 8 Rec Go ahead with sidewalk projecton fill. Rehabilitation Program 1-20 H&IS Discuss with Council at December 3 informal meeting. High poles wobble considerabl' I Floodlights in City Plaza 1-20 P&PD the wind. Is this a design feocure or a problem? Reort to Council cost of supplying Beepers for on-call streets crews 1-20 Public Wks be9pers and answering service. Re. meeting of 11-14-79. Advise Board of Electrical Examiners and Appeals 1-20 H&IS City Manager when notice was posted, le when letters were sent to local ect ci t Was notice sent to Stan Barta? Thru-traffic signs near CBD 11-20 Public Wks 11 Refer to Chamber and Downtown Assn. for Int and then Council for final ri� 47- IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MINUTES OF STAFF MEETING December 5, 1979 Referrals from the informal and formal Council meetirgs of December 3 and 4 were distributed to the staff for review and discussion (copy attached). Items for the agenda of December 11, 1979, include: Resolution setting fees for sidewalk snow removal Appointments A discussion regarding the rehab manual should be added to the informal agenda of December 10. The City Manager advised that at Monday's informal meeting, two of three things will be discussed, depending on how much work is accomplished. The Director of Public Works and the Transit Manager are preparing an extensive memorandum to the City Council about transit routes and schedules plus some background. It appears that will be ready for Monday's meeting. Betty Meisel is getting together a presentation to the City Council regarding the final plans for the senior center, the cost estimates, and the contract revisions. This will go on the agenda on Monday if it is ready. If that is not ready, we will have the preliminary capital improvement projects presentation. The material is being prepared. The City Council will receive a summary of all projects and each department head will make an oral presentation. The department heads were asked to contact the City Manager's office Thursday to see which items will be on the informal agenda. The Assistant City Manager distributed some forms pertaining to the CTIP j (Cormunity Technology Initiative Program). The priority list of needs is being revised. CTIP has furnished ten categories on which they want information. ! The categories do not necessarily align with departments of the City and it will be necessary for department heads to coordinate with other departments to get the needed information. This information should be provided to CTIP by January. The department heads are to contact the Assistant City Manager if there are questions. The City Manager advised that the City Council had turned down the Police contract. A lengthy discussion was held at the informal meeting on Monday regarding fire negotiations and the City is ,just starting to get into negotiations with AFSCME. At the informal meeting of December 10 a discussion will be held on the process of negotiations. The department heads were requested to give to the City Manager any input on roles or responsibility in collective bargaining. The City Manager advised that the capital improvement project presentation will be handled differently. Each project will have the same basic background information. Later on the more traditional detailed financial information will be furnished. The City Manager felt that there are some areas which are extremely weak in the project presentations. He will be reviewing each project from three aspects: 1. What is the relationship of this project to other departments in two respects: a) demand for personnel time, and b) financial resources from other departments. 2. What are the energy considerations? There are a number of projects which indicate energy consideration is "nominal." Adding together the 3S% 4;=-- ...__ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOImES Minutes of Staff Meeting December 5, 1979 �Page 2 number of "nominals" will amount to a significant amount. 3. A detailed time frame. The time frames in the projects are not explicit. This especially applies to Public Works' projects. This will not go to the City Council in the first presentation, but it will go at a later presentation. The subject of an employee appreciation party was discussed. It was felt that perhaps this event should be postponed until after negotiations and budget discussions were completed. It was also suggested that this event was a good time to present employee pins. The Director of Parks and Recreation suggested that awards be given other than the pins which have been used in the past. It was also suggested that five -years service be omitted from the awards program. The Human Relations Director informed the staff about the Human Relations Sunrise Breakfast to be held Friday, December 7, 1979, at the Iowa Memorial Union. This is being held in conjunction with the University's Human Rights Commission. ^Pre paired by: Lorraine Saeger J NICROFUMED BY JORM MICROLAB CEDAR RAPIDS -DES ?I0111ES jpformal Council Meeting December 3, 1979 DEPARTMENT REFERRALS FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .do I17Es 0 W SUBJECT DATE REFERRED DATE DUE P COMMENTS/STATUS RECD TO W dvise on current status of bus IA' P&PD/ shelters and on possibility of Bus Stop Shelters 12-3 Public Wks placing one at the Autumn Park Hhij,_qtnn and when - Advise if an absence of any heig Block 64 Hotel, etc. 12-3 POD limitation complies with the current (and new) zoning ordinance. Postpone appointments one week. Human Rights Commission 12-3 City Clerk/ Staff report to Council on recom- Human Rel mendations from Human Rights Comm. Check with HUD (Bob Embry) re. POD possible changes in regulations on Spouse Abuse Shelter 12-3 (Kraft) relocation payments, etc. No budget hearings to be scheduled Council Budget Hearings 12-3 Finance for third Wednesday of the month due to JCRPC meetings. Re. crew assignments - report of -ne Sanitation Pickups 12-3 Public Wks person on white goods truck and, j on paper pickup. What is rationale? i FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .do I17Es -Regular Council fleeting December 4, 1979 SUBJECT Street Lights Benton Street Bridge Lights, Dubuque and 80 Sidewalk Snow Removal Relrose Court DEPARTMENT REFERRALS DATE REFERRED TO DATRECD DUE TEIPW W COMMENTS/STATUS 12-4 Public Wks Publicize how to report lights out. When will lights on bridge be repaired? Is there any projected date for repair to fused circuits? i Will be rescheduled for further informal discussion on 12-10-79. i Has this been dedicated to the City as a public street? I 1 i i I 12-4 Public Wks 12-4 Public Wks 12-4 MIS 12-4 Legal i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES NEWSLETTER for Lower Ralston Creek Neighborhood STATUS OF SMALL CITIES PROJECT ACQUISITION Acquisition procedures have begun for Phase I of the Small Cities project. Appraisal inspections, conducted by Iowa Appraisal and Research Corporation, have been completed. Appraisal reports will be submitted to the City by December 15, 1979. The appraisal reports will be reviewed by a second appraiser, as yet to be determined, for accuracy and validity. The review process should be completed by February 1, 1980. City Council will establish "just compensation" based on the appraisals and will authorize staff to make purchase offers to each property owner. It is possible that purchase offers will be made by as soon as March 1, 1980. RELOCATION The staff of the Department of Planning and Program Development will begin scheduling interviews with residents and businesses which will be displaced by Phase I of the Small Cities project. The purpose of the interviews is to gather preliminary information necessary for relocation of those being displaced. Persons affected will be receiving informational letters concerning the interviews. Staff will also begin comparability studies to determine current market values of housing which is available for relocation purposes. The comparability studies will be used in establishing replacement housing payments for home owners and tenants and will also serve as a referrals listing. A "notice of displacement" will be issued to eligible residents and businesses effective on the date that the purchase offer is made to the property owner. This notice of displacement will establish eligibility for relocation assistance and payments. The notice will include an estimate of the replacement housing payment which the displaced resident will be eligible for. ENVIRONMENTAL REVIEW RECORD The Environmental Review Record (ERR) for the Small Cities project has been completed. The report concluded that there will be no significant adverse environmental effects caused by the project. A "Notice of Finding of No Significant Effect on the Environment" was published December 10, 1979 in the Iowa City Press -Citizen. The document is available for citizen review and copying at the Iowa City City Clerk's office, the Iowa City public library and the Department of Planning and Program Development. Anyone disag�aeing with the findings of the ERR may submit written comments to the City by December 26. 197y. December 1979 CITY OF IOWA CITY 354-1800 a3S;2--- JORM MICROLAB CITIZEN INFORMATION AND INPUT The application process for the second year of the Sma11 Cities project has begun. A public meeting was held on November 28, 1979 in the Civic Center. A slide presentation outlining the overall three year project was presented and proposed second year activities were explained. A public hearing was held during the City Council meeting of December 4, 1979. A proposed second year budget totaling $775,000 was presented as follows: Aquisition $290,000 Relocation 88,000 Demolition of acquired structures 75,000 Ralston Creek improvements 232 000 TOTAL $775;66 A second public hearing will be held on the finished application for second year funding prior to its submission to the Department of Housing and Urban Development. A timetable for the second year application process is found below. Timetable - Second Year Application Nov. 28, 1979 Public Meeting on application proposals (completed) Dec. 4, 1979 Public Hearing on application proposals (completed) Feb. 26, 1980 Public Hearing on final application March 3, 1980 Submit application to A-95 Clearinghouses March 17,1980 Submit application to HUD CITY OF 1()'.IA CITY UPDSIAI;DEP'. i. 1'i.r•.1Idii'�G & PAID PR0'2:.:*.�i f. EVELOPMENT CIVIC IOWA Ci T Y, IA 52210 "IC Q0 It. If:, H• JORM MICROLAB [-,nKF, .,,,. CIVIC IOWA Ci T Y, IA 52210 "IC Q0 It. If:, H• JORM MICROLAB RECEIVED DEC 6 1979 LEGAL DEPARTMENT. BEFORE THE IOWA CIVIL RIGH' CA441ISSION� * THOMAS J. MILLER, ATTORNEY GENERAL OF IOWA, * Complainant, * CP N 01-79-5630 VS. * CITY OF IOWA CITY and CITY OF IOWA CITY FIRE DEPARTMENT, i * Respondent. i * * * LINDA EATON, * Complainant, * BR•IEF OF COMPLAINANT'S, * I VS. * THOMAS J. MILLER, CITY OF IOWA CITY and * ATTORNEY GENERAL OF IOWA CITY OF IOWA CITY FIRE DEPARTMENT, i * and 3* 99 Respondent:. * LINDA EATON 6 * STATEMENT OF THE CASE Complainant Firefighter Linda Eaton is the only t female firefighter for the City of Iowa City as well as being the first female firefighter ever hired by the Respondent. (T. 64) Only twenty-eight. ppr cent-. (28%) of I:hcr Re;pondunL's work frn:ce i.0 female (T. 82) while Johnson County has a femal.o labor force of rorty--Lhrue per cent (43%) . (111.1.1.97) The Iowa City firefighters work a twenty-four hour shift beginning at 7:00 A.M., during which time they l cannot leave the premises. (T. 447,448) At all times during the shift each firefighter must be on-call to respond to fire alarms and to obey any orders given by supervisors. (T. 11.32 ) At no time did Eaton ever ask to be relieved z of either of these responsibilities. (111. 702,7(14) A It is the usual. custom and practice at the fire sLLlLion during each twenty-four hour workday that there is time BLb. ( DOCUMENT (AVAILABLE • a -3S3 MICROFILMED BY JORM MICROLAB { CEDAR RAPIDS -DES 1101RES -2- during which no duties are assigned to the firefighters. ('11. 1135,1136) On weekdaysthe scheduled duties begin at 8:00A.M. and, though it can take between a half hour and two to three hours to complete them, the duties are usually finished by 9:00 A.M. (T. 449,450) Lunch is served at 11:30 A.M. and until 1:00 P.M. there are no scheduled duties. The afternoon's scheduled duties take one to two hours to complete (T. 459), the evening meal is eaten at 5:00 P.M. (T.464) and the firefighters usually go to bed at 10:00 P.M. (T. 448) On weekends the firefighters' afternoons and evenings are generally free.(T. 528) Firefighters use their unscheduled time to watch television (T.460,615), take naps, read, relax (T. 454,455, 458;459,623,7)4) and engage in other social or personal activities, such as having visitors (T. 469,528) In good weather firefighters sit outside the station'at a picnic table or strand outside visiting and watching traffic. (T. 468,469,556,615) How a firefighter fills his or her unscheduled time "just depends on the individual" according to Firefighter Nathan Hopkins. (T. 459) Fire- fighters eat, sleep, go to the bathroom and take showers at the fire station. (T. 529) There are frequent visitors to the fire department. The public is invited to come to the station to get bicycle licenses and blood pressure tests. (T. 461,465) School children take tours of the department: which usually last twenty to thirty minutes. (T. 463) Sometimes an individual will bring a child into the station to look at the trucks. (T. 464) Spouses, children and friends of the firefighters visited the fire department prior to January 22, J979 (T. 714) and yet no firefighter had ever been suspended for having visitors prior to Eaton's suspension for nursing her child once on January 22, 1979, BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIEs a --3- ccurflinfl Lu I.irc ChiuL' kuhei I. Noo(Anry. ('1'. '752) The only wrLLLen rules in efLec-L in January of: 1.979 regarding visitors were the 1936 Rules and Regulations of the Fire Department which prohibit women loitering about the fire station. (J. Ex. 29) The Chief maintained a loose- leaf notebook of memos which reflected the informal "rules" of the Department, but as of January 22, 1979, there was no written rule relating to visits at the firehouse. (J. Ex. 14) The City now contends that there was an unwritten rule in the firehouse prohibiting "regularly scheduled visits". (T. 373) Complainant Eaton contends that there was no such rule and that having her son brought to the fire station twice during each twenty-four hour shift'to nurse is com- patible with the use of unassigned time. Chief Keating admitted that when he made the decision that Complainant could not have her son brought to the fire station to nurse during her unassigned time there was no written or unwritten rule that guided that decision or covered Eaton's request. (T. 670,671) On January 22, 1979 and January 24, 1979 Eaton was suspended without- pay for the rest of her shift for nursing and on January 24, 1979, she was warned that nursing her child again in the fire department would result in the termination of her. employment. (,J. Ex. 11) It is clear that Linda Eaton was disciplined solely for breasLfeeding her son and not for any violation of a supposed visitors' policy. (T. 725, 382,383; J. Exs. 11,22,23; C. Ex. 43A) In order to halt the City's imposition of disciplinary measures, Linda Eaton petitioned for and was granted a Tem- porary Injunction in the Johnson County District Court. Upon the complaint of the Attorney General pursuant to Chapter 601A.5, 1979 Code of. Iowa, the Iowa Civil Rights $EST Docrimz AVAu,Aj� - IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ♦.. M -4- Commission intervened in this court action and succeeded .in obtaining primary jurisdiction of the complaint. The Iow,i Civil Rights Commission assigned an investigator, whose case summary was completed upon February 20, 1979, recommedd- ing a finding of probable cause. (J. Ex. 24) This finding was agreed upon by the appropniatc staff person, with conciliation being conducLed and upon failure of conr.il.iation, a public hearing was set. Since Eaton has complained of sex discrimination, the i Respondents have taken several measures against her in retaliation: a pattern of monitoring and surveillance began with the start of a:log of visitors to the fire station on January 31, 1979, (Stipiilation);the Fire Chief began j issuing rules and regulations, which would not have been I issued had not Eaton complained of discrimination (T 416,487,596) and evaluations of Eaton's work performance became extremely negative whereas during the first six months of EaLon's i tenure at the Fire Department her evaluations were excellent and she received a merit raise on that basis. (T. 897,931; J. Ex. 11) Complainant Eaton as been i subjected to continual stress as a result of the discriminatory acts of Respondents. (T. 931) i 1 1 t !j I BEM%, DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -5 - BRIEF POINT ONE WAS THERE A SEX NEUTRAL RULE IN THE FIRE DEPARTMENT WHICH IN OPERATION HAD A DISPARATE•' IMPACT ON WOMEN? AUTHORITIES Dothard V. Rawlinson 433 U.S. 321 (1977) Albemarle Paper Co. V. Moody, 422 U.S. 405 (1975) Griggs v. Duke Power Co. 401 U.S. 424 (1971) Wilson -Sinclair Company v. Griggs 21.1 N.W.2nd 133 (Iowa 1973) Schlei and Grossman, Employment Discrimination (1976) International Brotherhood of Teamsters v. United States 431 U.S. I 424 (1977) Firefighter's Institute for Racial Equality v St Louis I 549 F. 2d 506 (8th Cir. 1977) I Hackley v. Roudebush.,5,20 F.2dS108 (D.C. Cir. 1975) Yukas v. Libby -Owens Ford Co. 411 F.S. 77 (N.D. Ill. 1976) DISCUSSION i In order to establish a prima facie case of discrimination the Complainant may show that a facially neutral standard or rule in operation impacts on women in a significantly discriminatory pattern. Dothard V. Rawlinson, 433 U.S. 321 (1977); Albemarle Papdr. Co. v. Moody, 422 U.S. 405 (1975); Griggs v. Duke Power Co., 401 U.S. 424 (1971); Wilson - Sinclair Company v. Griggs, 21.1 N.W.2nd 133 (Iowa, 1973). The Complainant has the burden of proof of showing disparate impact. Griggs, supra; Schlei and Grossman, I Employment Discrimination (1976). However, there is no "inflexible formulation" of what constitutes a prima i facie case. International Brotherhood of Teamsters v. United States, 431. U.S. 324,358 (1977). Proof of discriminatory motive or discriminatory intent is not required. Teamsters, supra; Albemarle, supra; Firefighter's Institute for Racial EaLiality Ny. St. Louis, 549 F.2d 506 i (8th Cir. 1977). Complainant's contend that the "rule" in question BEST DOCUNIENT AVAILABLE NICROFRMED BY JORM MICROLAB CEDAR RAPIDS -DES raDlaEs I i, was a."no breastfeeding" rule while Respondents' contend that it was a "no regularly scheduled visits" rule. Indeed, the City Manager asserted that his staff "excluded breast- feeding in making the decision." (T. 860) The veracity of that statement is open to question, especially since the Assistant City Manager Lesti.f.ied that Linda Eaton's breast- feeding was '!a contributing tactor towards the disciplinary action." (T. 336) Even the City's Civil Rights Investigator, Sophie Zukrowski's file on the matter shows, in :her handwriting, that the bottom line was "no nursing." (T.382, 383; C. Ex. 43A):. The explanation for this conflicting testimony can be found in the fact that the City administration had contact with the Equal Employment Opportunity Commission (T. 37 4) at a key point in the decision-making process and took to heart their position that expressed rules must be facially neutral. (T. 371) The City would avoid the impact of their rule by expressing it as "no regularly scheduled visits" but this is a mere change of form over substance. The defense premised upon the wording of the rule is simply a subterfuge for discrimination. Hacklev v. Roudebush, 520 F.2d 108 (D.C. Cir. 1975) In fact, there was no written visitor policy prior to April 1.2, 1979. (T. 469,470) Prior to Linda Eaton no one had been suspended or threatened with termination for, the number or lenths of visits. (T.397) The outdated 1936 Rules and Regulations of the Fire Department have neither a "no breastfeeding" rule nor a "no regularly scheduled visits" rule. (J. Ex. 29) Nor was there anything in the notebook of memos, which functioned as an informal rulebook, on the subject of. .Length or number of: visits. (J. Ex. 14) After the decision to suspend and terminate, the City went to great lenths to prevent the "no nursing" rule from being arti.cu.latud. For example, the Fire Chiel' asserted BEST DOCUMENT AVAILABLE FIICRDFILHED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i \.. Um L 13a Lon was reprimanded for "imaibordinat.ion." (T. 72`x) The documentary evidence is sufficient refutation: the written letter to her, (T.332) and the Assistant City Manager's press release reveal the emphasis was placed upon nursing rather than visiting .in the creation of the rule. (T. 344) The demeanor and credibility of the City's own employees on this issue was weak. The City's Civil Rights Investigator, Sophie Zukrowski, evaded questions on this topic but finally admitted that the "stated purpo.ge" of the City's rule was i no breastfeeding ori the job. (T.389) Also, the City's Personnel Assistant, June Higdon, testified with smug assertiveness bf her concern as expressed to the City's ! doctor: What is to be done if the fire bell rings and the baby is having lunch? (T. 288) While many city employees initially testified that• Eaton was reprimanded for violating a policy in relation to "visiting -,,their own notes, actions concurrent with I i the event and testimony under cross-examination support Complainant's contention, that the real rule promulgated by the City for Eaton's benefit was "no breastfeeding." However, assuming arguendo that Respondent's rule is "no regularly scheduled visits", it can be demonstrated that even if the rule was fair in form it was discriminatory in operation. First, there wasno documentation of visits until Eaton started breastfeeding at the firehouse. (T.471) Second, there were no firefighters suspended other than Eaton. (T.471) Third, after Eaton star tEd`!nvinq "regularly schdduled visits" I I! i.e. breastfeeding, and Wassuspended and threatened with ! dismissal after only one visit and an announced intent of having other visits, male firefighters were notsimiliarly i treated for the .length or frequency of their visits. For example, Firefighter Dick Craig was not suspended for visits i longer than twenty minute, (T. 562), nor was Firefighter Steve BEST DOCUMENT AVAILABLE FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RE5 Dolan (T.601), nor was Firefiqhtor Jesse King (T.622), nor ) was Fi of ightor llill Crow (!%-50), no a:lr ,,, 1 hr+ wa l r+ ( 1 Yf'( I+J 111 r.t •. who had ninety visits in oxc•us:; of twenty minutt•:1 llttoL Linda Eaton started breastfeeding. And while the "no regularly scheduled visits" rule evidently applied to suckling babes, it did not apply to other regular visitors who happened to be adults. (T748, 749) { Therefore, it is apparent that the "rule" as articulated ( by the City was not uniformly applied to the male firefighters { i and the only female firefighter, Linda Eaton. If the rule was as the City contended, "no regularly scheduled visits", then its disparate impact is demonstrated in its pattern of application only to Lhe woman in the fire department. Yukas v. Libbv-Owens Ford Co. 411 F.S. 77 (N.D. I.11. 1976) Once the verbal subterfuge is eliminated, we are faced with the rule it its real terms: no breastfeeding. It is axiomatic that breastfeeding is gender specific to women. As testified to by the City's breastfeeding expert, Dr. Pitkin, on medical grounds there are no objections to a child being breastfed in the work place. (T. 237) While breastloodi.ng has exLencled thrOLIghoul: human history, bottle feeding has been practiced for only about sixty years. (T.250-51) The reliance of women on this natural method of infant feeding is increasing (T.257) and his "opinion is that all other factors being as they are, the best food for the infant ... is human.•.milk." (T.236) The City's second breastfeeding expert, Dr. Fomon, reiterated the increasing popularity of breastfeeding, I (T. 1023) and explained that the age of natural weaning in literate societies was between eighteen and twenty- four months. / BEST A "no breastfeeding" rule will never be able to DOCUMENT AVAILABLE be applied to any man. The increasing popularity of breastfeeding indicates it can only be applied, inereasinctly, to more and more women, and indeed, City Manager Berlin PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RE5 -9- testified that he expects the issue to come up again. (T. B64) Thus, the Complainant has met her burden of showing the disparate impact of a facially neutral rule i' or standard of the Respondent. BRIEF POINT TWO IS THE DISPARATE IMPACT OF THE RESPONDENT'S RULE i � JUSTIFIED BY BUSINESS NECESSITY? AUTHORITIES Schick v. Bronstein 447 F.S. 333 (S.D.N.Y. 1978) j Schaefer v. Tannian, 394 F.S. 1128 (E.D. Mich. 1974), remanded on other grounds, 538 F.2d 1234 (6th Cir. 1976) Draper v U.S. Pipe and Foundry Co., 527 F.2d 515 (6th Cir. 1975) i Robinson v. Lorillard 449 F.2d 791 (4th Cir. 1971) I U.S. v. St. Louis -San Francisco Ry. Co. 464 F.2d 301 (8th Cir.) cert den. United Transp. Union v. U.S. 409 U.S. 1107 (1972) I Donnell v. General Motors Corp. 576 F.2d 1292 (8th Cir. 1978) U.S. v. City of Chicago 411 F.S. 218, affirmed .in part, I reversed in part, 549 F.2d 475, on remand 437 F.S. 256 i cert denied Adams v. City of CHicago 434 U.S.875 (1976) DISCUSSION Linda Eaton had been breastfeeding her son Ian at the firehouse for more than six months at the time of the hearing. No evidence was presented that the safety and efficiency of the firehouse had diminished. (T. 400) For, in fact, Chief Keating's concerns about Eaton's breastfeeding were really, "the impact this would have on other people in the deparment".(T. 677) The . jY i irrelevancy of the Chief's stated concerns is clear when 1 i the law i., consulted, which holds that "employee morale and customer preference are impermissible bases on which to i BEST DOCUMENT AVAILABLE FI ICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES _10- I)rudicaLu an empLoyment. decL:;ion. " ur{�Llc_ v..-U _;__11_131r.._;i1d._. I_oundry Co., 527 P. 2d 515 (61 It Cir. 1975) Keat.hiq was lo:;:; than forthright .in addressing the issue as to how the safety and efficiency of the department had been lessened by Eaton's breastfeeding. (T.693,694) His employees were more direct. Firefighter wissink saw no lessening of service during the six months Linda Eaton had been breast- feeding. (T. 1122) Firefighters Irving and Wombacher saw slight problems due to the media 1 9 P publicity, but not due to ! the breastfeeding. (T.1127) And, lastly, Firefighter Jesse King had no fears "that it (breastfeeding) would in any 1 wayhinder the fire service for the City." y1 (T. 639) jThe very fact that the Department has successfully functioned since Linda Eaton has been breastfeeding on i the job suggests the City's "rule", which impacted only on women, was not required by business necessity. Schick I .. v. Bronstein, 447 F.S. 333 (S.D.N.Y. 1978); Schaefer v. Tannian, 394 F.S. 1128 (E.D. Mich. 1974) remanded on other grounds 538 F.2d 1234 (6th Cir. 1976). After a showing of disparate impact the burden shifts to the City to donlonstraLe that "business necessity" justifies i the rule. Robinson v._Lori.Itard 449 V.2d,791 (4Lh Cir.1971) articulates the business necessity defense: "whether there exists an overriding legitimate business purpose such that the practice is necessary to the safe and efficient operation of the business." Robinson sets out a three prong test to i judge the defense of business necessity. First, that the business purpose must be sufficiently compelling to override the sexual impact of the rule. Second, that it must carry I J out the business purposes it is alleged to serve. Third, Lhore exist no acceptable alternative policies or practices with lesser sexual impact. USS. v. St. Louis -San Francisco j i Ry. Co. 464 F.2d 301 (8th Cir.) cbrt den United Transo. Union v. U.S. 409•U.S. 1197 (1977.). BEST DOCUMENT AVAILABLE i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIMES l: -1.1- The firaL two prongs of the test arc discussed .i.nL'ra. Under tho third, the City must show "there exisLs no acreplablu all(-rn.rL]ve polici-::; or pnu:lirr.:;." The evidence at hearing was devoir] of any c]Ly's actions in Lhis area. They seem to have attempted to shift this burden unto Complainant by asserting that manual expression or a breast pump would yield sufficient milk and therefore there was no need to have the child feed during the day. Both Drs. Pitkin and Dr. Eamon. refuted this argument. (P..246, 1040) While not accepting this burden of proof it should be noted that the Complainant testified that her milk yield was insufficient with other'methods of expression than breastfeeding. (P..908) These purported alternatives suggested liy the City are also irrelevant since all. city employees testified Lhey knew next to nothing about breastfeeding and made no attempt to find out either before suspending -Eaton or afterward. In any event, it is the City's burden to establish "that there are no acceptable alternative policies or practices with a lesser sexual impact." Donnell v. General MoLors Corp,_ 576 10.2d .1297. (8th Cir. ].978) - It is no dofunrc to Chu City's "no breast. fc:c:dind" rule, which had o grossly die;pr11por'1 ionoLo ]mp:rcl. upon women, that other fire dupar Cments u:;e :similar pot ic.icc;• 'It � S.._v_ City of Chicano 411 F.S. 2.18, affirmed in part, reversod in part. 549 F'.2d 475, on remand 437 F.S. 256 cert. den �damt v. City of Chicago 434 U.S. 875 (1976). Thus, Norm Elgen's testimony has neither relevancy nor materiality. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs IIOITIES -L2 - BRIEF POINT THREE WAS LINDA EATON DENIED EQUAL ACCESS TO THE USE OF UNSCHEDULED TIME AT THE FIRE DEPARTMENT? AUTHORITIES McDonnell Douglas Coro v Green, 411 U.S. 792 (1973) International Brotherhood of Teamsters v United States 431 U.S. 324 (1977) The principles of McDonnell Douglas Corp v Green, 41.1 U.S. 792 (1973) control a differential treatment employment discrimination case. In McDonnell Douglas the U.S. Supreme j Court suggested the order and nature of proof of discrimination IIin a Title VII case which is the federal counterpart of the Iowa Civil Rights Act, Chapter 601A of the 1979 Code of Iowa: "The Complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case by showing (i) that bet:belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applications from persons of complainants' qualifications." 411 U.S. at 802. When Complainant meets these four criteria a prima facie case of discrimination is established and the burden of proof then shifts to the employer to "articulate a .legitimate, non-discriminatory reason" for refusing to hire the complainant. The complainant- is then allowed to rebut the employer's defense by showing that the Justification given was merely a pretext. 411 U.S. at 804. It .is not possible to fit every discrimination case into the model laid out in McDonnell Douglas and the Supreme Court said that .it did not intend " to create an inflexible formulation" International Drotherh1pod of Trams_Lcars v. United States 431 U.S. 324 (1977). r Complainant Linda Eaton is alleging, among other things, that the use of unscheduled time in the fire station is not made availiable to males and females on an equal basis. Using McDonnell Douglas as a guide, we propose that the following be $QST rc-ogn.izod as the elements of proof in this case: DOCONIENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES e BEST DOCUMENT AVAILABLE -.13- l.. that Complainant- is a woman 2. that there existed a custom and practice of nonscheduled time at the fire department 3. that Complainant asked for and was denied equal access to the use of nonscheduled time 4. that after she was denied the use of unscheduled time to breast-feed her child, unscheduled time continued to be made availiable to the male firefighters. Complainant Eaton established her prima facie case by proving the above four elements (see Statement of the Case). In Respondent's attempt to show that others had been denied access to unscheduled time,they introduced evidence of a very few oral reprimands,but were forced to reach back to one incident sixteen years ago, others ten or eleven years ago and one four years ago. It is critical that in each of these instances cited by Respondents there were other factors involved: the activity complained of took the firefighter away from his scheduled duties or interfered with the fire department telephones or disturbed the operations of the fire department by its location (T. 1123, 1123, 1119, 1120, 1079-1076). on January 12, 1979 Complainant Eaton asked Chief Keating if she could use her unscheduled time to breast-feed her son (T. 674, 679, 683) and her request was formally denied on January 16, 1979 (J.Ex. 11). By denying Eaton the right to nurse her child Respondents denied her equal access to the use of the unscheduled time which every firefighter has. After Eaton was denied equal access,the male firefighteps continued to have free use of their unscheduled time (see Statement of the Case). BRIEF POINT POUR WAS THE DENIAL OF EQUAL ACCESS 'TO UNSCHEDULED 'TIME JUSTIFIED BY A BUSINESS NECESSITY? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MO RIES "` -14- . AUTHOR ITT Es ha:ur-.v.•. N;•w Yr,rk '1'uw!; _flrn,ull.•i:{Lit1,L;t, i'vi ;41. 1•'2cl 3G'; (6Lh Cir. 19•/6) Cedar Rajids CommuniLY School U1rLricl v_ Purr 227 N.{•1.2d 486 (1975) - Newman viDelCa Ai.r pines Inc_ 347 F. Supp. 238 (N.D. Ga. .1973) Gunther v. Iowa Slate Men's Reforms_ tory_ 466 F. Supp. 307 (N.D. Iowa 1979) Robinson v. Lorillard 449 F.2d 791 (4th Cir. 1971) Sullivan v_. McCoy-Stamufer's Inc. CPHs 2690 and 2.693, November 21, 1977 ____.. .,nu rnnnan I(el.11i.ons .19 EPD 8945 (1978) Vil.lajL,j_of AclAngton 112i4hts v,_ Mclro)pol..itrin Housinc De velo�mr.nl, Corp_. 429 U.S. 252 (1977) Donaldsony_ Pillsbury (:o. 554 F.2d 825 (8th Cir. .1977) McDonald v_ganto I_c_frail Corp. 427 U.S. 273 (1976) Having established our prima facie case of discrimination tinder the differential treatment theory according to the test enunciated in MrU�nncll Douulthe burden of proof shifts 1 to the Respondents to either show (i) a bona fide occupational qualification excepl.ion or (ii) a business necessity for the I discr.im.inatory pracLico. EEOC v, Ncw York 'Pimcs - _ ❑roadadstinq � Service 542 P.2d 365 (6th Cir. 1976)1 C<�dar It_.rpids,Communit� School_ Uist.cict v_ I+,irr 227 N.W.2d 486 (1975) . Respondents have nidde no attempt to argue that their refusal to allow Eaton toebreast-feed her child during her non-scheduled time is Justified by a bona fide occupational qualification. To do so they would have to prove that "all or substantially all" breastfeeding women "would be unable to I i perform safely and officiently Lhe duties of the Job .involved" Newman y_ Ih_1Ln fir I.inc:;,c _tine,_ 374 F. Stipp 238, 244-245 i and that the essence of. Lhe incLituL.ion unci its goals would br_ BEST undermined .Guutherv. Iowa SLaCe f4on'S Iteformalor� 466 F. Supp. nOCUNIENT307 (N.D. Iowa 1979). AVAILAEI'E' i IL• appears that Respondents are relying on a business j i necessity defense under Robinson v_I.or.illacd 449 F.2d 791(4th Cir..l DOCUMENT AVAILABLE i MICROFILM BY j JORM MICROLAB I CEDAR RAPIDS -DES 110111ES I -.15 - and .later adoptc I by the Iowa CLvi.I Right!, Commission in Sullivan v. McCoy-Stampfer's Inc. CPNs 2690 and 2693, November 21, 1977: "The applicable test is not merely whether there exists a business purpose for adhering to a challenged practice; the test is whether there exists an over- riding legitimate business purpose such that the practice is necessary to the safe and efficient operation of the business. Thus, the business purpose must be sufficiently compelling to override any discriminatory impact; the challenged practice must effectively carry out the business purpose it is alleged to serve; and there must• be availiable no acceptable alternative Policies or practices which would better accomplish the business purpose advanced, or accomplish it equally well with a lesser differential impact on affected classes." RespondenttS arguments are confusing at best-. Respondents' attorney mentions "management rights" in her opening argument, but we assume that she would concede that Respondent does not have the "right" to violate Chapter 601A of the 1979 Code of Iowa. Complainants' Exhibit 44, a videotape of a news program of ,January 26, 1979 reporting a Eire call which occured while Eaton was on duty and nursing her son shows that Eaton was the first firefighter on the truck despite having to run up a flight of stairs from the women's locker room to the main floor,which no other firefighter had to do (J. Exs. 18 and 19), and defeats any argument by the Respondents• that nursing in any way interferes with Eaton's ability to respond quickly to a fire call. Eaton has never asked to be relieved of the responsibility of responding to fire calls (T. 702). Respondents argue that because Eatons nursing of her child occurs in the women's locker room in the basement, she is less availiable to an officer who might: have a spontaneous request that she do some work outside of her regularly scheduled duties. it was the City administration who decided that a women's locker room would be built in the basement• and who chose not to build a women's locker room on the main floor of the fire -de.narIzLaIat where the men's locker room and bathroom is located along with all other essential areas of t•he fire department. • BEST DOCUMENT AMIABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401IIES -1.6- Respondents cannot argue that breast--Eceding interferes with Eaton's ability to perform routine scheduled chores as Eaton hhs never asked to be relieved of routine duties (T. 704). Respondent argues that Eaton's nursing has caused inconvenience at times in that other women using the locker room have complained about noise, number of visitors or a male in the locker room. Testimony clearly shows that these are isolated instances and refusing Eaton equal access to non-scheduled time is not the least restrictive means of alleviating inconvenience. Nor does mere inconvenience to police women constitute a business necessity for Respondents. Respondents are then forced to make classic "floodgate" arguments using imaginary horribles: "if everyone had the number of visitors Eaton does,", It is immaterial that in one year women as a class, may have more visits at the firehouse in any one week, month or year. It does matter that individuals are treated as individuals and equally in terms of conditions of employment even if they may have conditions arising out of factors.peculiar to their sex. Goodyear Tire and Rubber Co. v. Wisconsin Department of Industrial Labor and Human Relations 19 EPD 8945 (1978). Clearly Respondents have failed to establish any business necessity which justifies denying Eaton equal access to the use of non-scheduled time under the test outlined above Assuming arguendo that Respondents have shown a business necessity, the burden shifts back to Complainants to prove that the justifications advanced are mere pretext.McDonnell Douglas, supra, at 804. We believe the record contains ample evidence of motive and intent on the part of Respondents to discriminate against• Complainant on the basis of sex. This evidence is equally applicable to the prima facie or rebuttal case. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 11011JES Village of.Arlt.nrtLon_Ilciaht_;_v._MiI.roR_Olil_an Ilou_itI(I Development Corp. 47.9 U.S. 252, 266-68 (1977) field that statistics "may prove an importanL starting point" in establishing motive and intent. The City of Iowa City was charged with discrimination by four EEOC complaints(T 86-7) and entered into an EEOC conciliation agreement in 1974 (T. 100) which required the City to increase the perce.itage of women in its work force to thirty-three and one third per cent (331/3 %). The City has never reached the goal required by the agreement (T 101). Respondent's knowledge and toleration of racial and sexual slurs in the workplace is well documented in the record (C. Ex. 6, T. 856, 431, 262, 279-280-281) as is their knowledge of the attitudes of the male firefighters towards the only female firefighter and their failure to conduct any human relations training within the fire department (T 844, 847, 848, 858 C. Ex. 49). The City employs a Human Relations Director who has not seen the necessity of investigating the situation at the fire department or Firefighter Eaton's complaint (T. 426, 427). The City used a physical fitness and agility test in the hiring of firefighters which had never been validated (T. .122, 165) . The City Council, despite its obligation imposed by the City Charter to maintain the principle of non-discrimination within City employment (J. Ex. 17, T 810) has condoned the treatment of Linda Eaton and supported the City Manager's and Fire Chief's actions (T. 818, 819, 820, 844, 850, 855). Respondents have a history of failing to hire women proportionate to their labor force participation (see Statement of the Case). Statisitics regarding the employment of women and minorities can be used as circumstantial evidence of intent behind a challenged employment practice. Donaldson v. Pillsbury Co. 554 F2d 825 (6th Cir.. 1977) International Brotherhood Of Teamsters, supra. BEST DOCUMENT AVA-nA LU MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 5 J I j ,-IN -I ti - intent to discriminate "can in some situations be inferred from the mere fact of differences in treatment" International Brotherhood of Teamsters, supra at p. 335, n. 15. In order to establish that the Respondentts asserted justifications for denying Eaton equal access to the use of non-scheduled time are p-^texi;ual it is not necessary to show that they are tota'1"- -rrclevant to the denial or that: sex is the sole reoson for Che denial. We must simply show that SOX was one reason for the denial. McDonald v. Santa Fe Trail Corp. 427 U.S. 273 (1976) at 282 n. 10. Insensitivity and mnresponsiveness to the problems e � of women and minorities on the part of the City officials ) is documented throughout the transcript p (T 179, 175, 176, 186, 268, 270). I Therefore, both statistical and testimonial evidence supports the assertion that the City's business necessity defcnscs, are merely pretcxLua.l. t I i CONCLUSION ' Methods of proving sex discrimination in employment- may rely on either a differential treatment or disparate impact theory. Under either theory the Respondents have been shown to have violated Chapter 601A•in their treatment of Linda Eaton. i I BEST DOCUMENT AVAILABLI.; i 47-- - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIDIMES B a - 19 - BRIEF POINT V COMPLAINANTS ESTABLISHED A PRIMA FACIE CASE OF RETALIATION IN VIOLATION OF IOWA CODE §601A.11 (1979), WHICH WAS UNRI.BUTTED EXCEPT BY PRETEXTUAL JUSTIFICATIONS. AUTHORITIES Iowa Code §601A.5(4) (1979). Iowa Code §601A.6 (1979). Iowa Code §601A.11(2) (1979). 42 U.S.C. §2000e -3(a). Tanner v. Calif. Physician's Serv., F.Supp. , (N.D. Cal. 1979), 20 EPD 1130,148 (Oct. 10, 1978, as modified by orders of January 9 I}nd February 13, 1979). Grant v. Bethlehem Steel Corp., F.Supp._, —(S.D. N.Y. 1977), 16 EPD ¶8261 Reyes v. Mathews, 1128 F.Supp.300 (D. D.C. 1976). Francis v. American Tel. & Tel. Co., 55 F.R.D. i� 1973 CCH EEOC Decisions ¶6202 (Decision No. 71- 3 83, October 10, 1970). I' 1973 CCH EEOC Decisions ¶6145 (Decision No. 70- 683, April 10, 1970). I EEOC Decision 71-288 (Sept. 17, 1970), 8 PEP Cases 1124. I i The proscription against retaliatiori embodied in the Iowa j Civil Rights Act is found in §601A.11 of The Code: i, "It shall be an unfair or discriminatory practice for:. . .2. Any person to dis- criminate against another person in any of the rights protected against discrimina- tion on the basis of. . .sex,. . .by this chapter because such person has lawfully ;i opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testi- fied, or assisted in any proceeding under this chapter. .". Iowa Code §601A.11(2) (1979). - Retaliation consists of subjecting a person to adverse con- sequences for their participation in protected activity. The Iowa Code prohibits such punitive treatment of persons enjoying, or asserting their rights and the definition of retaliation as an unfair or discriminatory practice serves to permit the im- position of remedial sanctions upon the offenders BEST DOCUMENT AVAILAB� R �i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES From the - ?0 - testimony and documents Produced at the hearing on the complaints Of Linda Eaton and the Attorney General, it is clear that the I City, its departments,•Lnd agents. consistently engaged in a clear, pattern of retaliatory conduct, designed to harass and intimidated PIs. Eaton in her expression of her rights under Iowa law. Such 1 conduct by the respondents must be recognized for what it is and remedied accordingly. Under the federal civil rights law, retaliation is forbidden by section 704(a) of Title VII of the Civil Rights Act of 19611, 42 U.S.C. §2000e -3(a) One case examining the proof necessary to establish a case of retaliation stated: Ij "To establish retaliation under §704(a), a plaintiff must demonstrate that he suffered adverse treatment as a conse- quence of his participation in protected j activity. . . .Proof of a causal connec- tion between protected activity and ad- verse consequences must of necessity be i, indirect for the simple reason that al- leged retaliatorscan hardly be expected to confess to punishing plaintiffs for protected acts. Accordingly, courts have found a prima facie case of retaliation to be established when protected activity I; is followed by adverse treatment. ` The burden then shifts to the defendant I' to explain its actions with legitimateL2Cc II rreea_psons. . " Grant V. Bethlehem_Steel I 16 EPD ¶8-2615(citations omitte)977}3 d.IIII The threshold •; question in a retaliation case, therefore, is what is the 'protected activity?' Irt lI Y. The Iowa Code establishes ithe protected activity in this case, and for others, in the terms I dol §601A.11(2). It is important to note that the protective arm lof the law reaches those "rights protected against discrimination" !b,y Iowa law, e.g., the right to non-discrimination in employment. i u !Sec, Iowa Code, §601A.6(1.979). The activities protected by the i;law are three -fold: (1) the lawful opposition of unfair ordis- ';criminatory practices under chapter 601A, (2) the obedience to j! the requirements of that chapter, and (3) the filing of a com- :plaint or participation in proceedings under that chapter. Iowa BEm, DOCUMENT I AVAILABLE I' i II l MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES 21 I' Code, §601A.11(2) (1979). Having stated the answer to the thresh i old question of what are protected activities, the next point of �I inquiry is whether and in what fashion Linda Eaton enp,aged in If ii such activity so as to grant her the protection of the Iowa civil rights law. Ii Linda Eaton delivered Ian on October 2, 1978 and preparatory .1 to her return to work in January, she contacted Chief Keating to !I make arrangements for, the breastfeeding of Ian once she returned II to her full work schedule. (Tr.p.903). She met with resistance ' as examined infra, and in order to maintain her status as both a Ilifirefighter and a mother, she was forced to seek a temporary in- ! Junction through the District Court of Johnson County. (Stipula- I;tion-Tr.p. 1051). The filing of this petition constitutes the 1; ;!making of a complaint of discriminatory activity and i; suffi- 'r cient to trigger the protections of the law against retaliatory ll4Imeasures. Further, the intervention of the Iowa Civil Rights Commission in this Johnson County matter, EDuity Case No. 411750, I i solidified this fact. The Attorney General's complaint of January 26th, Joint Exhibit d25, was based upon the identical fact pattern as that involving the Fire Department's discrimina- tion against Linda Eaton for her exercise of her rights under i I Iolra law. The intervention of the Commission in the court hearin �j was accomplished pursuant to Iowa Code, §601A.5(4) (1979), which j permltsthe seeking of a temporary injunction.. Thus, Linda Eaton's IjPetition for Temporary Injunction and her participation in the . court hearing provide one of the initial threshold facts of pro- tected activity from which stemmed the retaliatory measures so it tran:tparent throughout the transcript. In any event, Linda 'Eaton's attempt to fulfill the responsibilities of both her i '-employment and her motherhood was, and is, in the highest t-ra- edation of the policy of non-discrimination spoken to in §601A of ;Ithe Iowa Code. Even if she had never filed a complaint to trig- Ilger the provisions of §601A.11, Linda Eaton's attempt to enjoy /BE DOc �' T ht. I I. AVAI�L� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES WO - 22 - U the benefits of non-discrimination and hence to oppose lawfully �i the discriminatory practices of the Fire Department, suffices as i a triggering event for the purposes of that section. tl Once a person has engaged in "protected activity" or in some other manner triggered the retaliation provisions of the law, the .I 'j next Issues to he resolved involve the nature of the retaliatory I� acts flowing from one's assertion of rights and whether any pos- I sible Justification for retaliatory measures can be' promoted. Because of its "chilling effect" upon the assertion of one's �i rights, any attempt at retaliation must be dealt with severely. iIRetaliation is not a fixed and definite concept; its tentacles pervade and affect an entire work environment. This pervasive nature of retaliation was examined in a recent federal court case. t Although the complainant had failed to perform adequately on li various occasion: these problems were viewed by the court within! Ithe context of a retaliatory atmosphere which rendered adequate � performance impossible. The record revealed that the complainant) Ms. Tanner, never missed a merit advance until she filed a charge! of discrimination against the corporate hierarchy. The court noted that no direct evidence of a scheme to retaliate for the filing of the charge existed, for there seldom is such direct evidence: All the circumstances of the case, however, ! indicate that Ms. Tanner was Riven an im- possible task and that her ultimate failure was inevitable. Ms. Tanner's dismissal j! from Blue Shield was for poor performance. Ij Certainly one must not disregard the hosti- lity which existed in her relations with her co-workers and its contribution to the cri- tical view of her work. However, this hos- tility must be attributed primarily to Ms. Tanner's EEOC complaint and lawsuit, . . .Accordingly, it is the view of the !� court that the case of constructive, if not deliberate, retaliation has been clearly established. While the court endorses the concept that a person who files an EEOC com- plaint and later a lawsuit does not thereby become immune from discipline and even dis- missal for performance which falls below the standards demanded of other employees, it 1s li HEST 14QCUMENT AVAILABLE �I iI MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'IDIOES A another matter where an employer through his act of discrimination and subsequent recriminatory attitude, creates an atmos- phere of such hostility and suspicion that normal performance of duties by the victim of the discrimination becomes a virtual impossibility." Tanner v. Calif. Physi- cian's Serv.,F.Supp. N.D. Cal. 1979T, 20 EPD _!130, 148 Oct. 30, 1978, as modified by orders of January 9 and February 13, 1979.) Other examples of retaliatory measures include increased surveillance and harassment of complaining employees. The EEOC and federal courts have found such activities to be illegal. In Decision No. 70-683, (April 10, 1970), the complainant filed a charge with the State Fair Employment Practices Agency against his company supervisors and complaining of derogatory remarks about his national origin and that they refused to schedule his summer vacation. The employer assigned two other employees to "tail" the complainant and take notes on his activities, but de- lfended these actions on the ground that the complainant was I� spending too much time in the cafeteria. This surveillance was initiated immediately after the charge was filed and the EEOC found this fact significant: "In light of the timing of the har- assment, we find reasonable cause extstc.to believe that Respon- dent harassed charginFS party in retaliation for, his opposition to '. practices made unlawful by the act." 1973 CCH EEOC Decisions (!16145. Further, a federal court found a Respondent's reprisals in the form of increased surveillance and unnecessary checking !I on the complainant to be a form of reprisal, "a particularly i vicious form of discrimination. . .the subtleties and in terrorem effect of reprisal against those who seek to vindicate constitu- tional and statutory rights [must] be erased." Reyes v. Mathews, i 1128 F.Supp. 300 (D. D.C. 1976). See also, 1973 CCH EEOC Decisions; %202, No. .71-383 (10/30/70) .¢unexplained keeping of precise attendance record solely regarding complainant was retaliation.) The timing of measures which adversely affect a complainant MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES - 211 - ii is especially important in determining whether retaliation has it occurred. Both the EEOC and federal courts have recognized the iI ! gravity of a situation in which a complainant suffers a sudden :1 reversal of fortune after asserting his or her rights. In De- cision 71-288, the EEOC found retaliation was established when II the complainant was subjected to the employer's keeping of an unusually close track of his activities and his subsequent dis- charge. Contrary to normal policy, the respondent did not inform 11 the employee of its concern about his time card disrrepenices. Rather, they kept a confidential monitor of his actions. The EEOC could only conclude that the close surveillance was "for the ji !! sole purpose of compiling a record which would justify discharg- IIng him." The EEOC stated: "The surveillance began within a few days of the charging party's return from a leave of absence during which a Title VII j charge he filed against Respondent was ¢ i investigated. The conclusion is unavoid- able that but for the charge he filed 9 I against Respondent, charging party would i not have been subjected to treatment which we find Respondent did not accord similarly d placed ernployeeds." EEOC Decision 71-288, (Sept. 17, 1970), 8 FEP Cases 1121. Reference must also be had to b'rancis v. American Tel. & Tel. Com•, 55 F.R.D. 202, 207 (D. D.C. 1972), wherein the court found j that the special detail of another employee to monitor complain- ! ant's actions and associations was suspiciously "directed to ;I complainant's conduct occurring subsequent to the filing of the �I EEOC complaint." The building and documenting of a case solely i ! for the purpose of providing a defense to an EEOC complaint was, iif'ound to be retaliatory conduct in violation of M4(a) of Title IVII. Id. Unfortunately, the timing of the various activities in- volving Linda Eaton and engaged 1n by the City Of Iowa City and !lits Fire Department is likewise suspicious in nature and leads to jlthe inevitable conclusion that actions were taken against Linda is N Eaton solely for the purpose of retaliation. I II I , I MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES MORTES I 0 i r� - 25 - Some sJx areas of retallatory treatment may be found upon a review of the records: (1) changes in the administation of d1s- li cipline, (2) changes in the evaluation made of Linda Eaton's iiwork performance, (3) the creation and maintenance of the visitor log, (11) the surveillance and monitoring resulting from her as- �i sertion of her right to be a firefighting mother, (5) the esta- blishment of rules and regulations pertaining to the work en- vironment, and (6) the involvement in numerous city employees In the personnel matters relating to a sole individual. As a result of Linda Eaton's attempt to be both a parent and firefighter and her resultant complaint of discriminatory action, there was an increased number of reprimands riven in general and, in particular, to Linda Eaton. (R. E.x. 19 & 20; T. 723). As a result of Linda Eaton's actions, a significant change can be seen from her previous evaluations to those subsequent I� to the complaint. For the first six months of her tenure at the Fire Department, Linda Eaton's ratings on her work performance Ii were "excellent". In fact, she received a merit increase. (T. 897). Having; filed a complaint of discrimination and challenged :the Fire Department's decision to prevent her from nursing her j; child, Linda Eaton's evaluations became negative. (T•. 722). She was given an evaluation in April, 1979 (T. 1056, 1063). Since that time, her evaluations have been better. (T. 1070). Most significantly, a special Visitors Log was created and �! maintained from January 31st, following the hearing on Complain. - 11 I ant's Petition for Temporary Injunction, until July 27, 1979, Just before the commencement of the hearing before the Iowa Civil ' Rights Commission's hearing officer. (J. Ex. 20, C.Ex. )10, R.Lx.I f li 22)• No Visitors Log was maintained prior to the initiation of Linda Eaton's complaint. (T. 899), The Chief, Robert Kenting, IIasked his battalion chiefs to maintain a record of visitors to the station, focusing upon Linda Eaton. (T. 1078). The crr_atlonl I �I II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F10 RIES d ■ W of this tor; is subject to vary -Ing raLfon:ilea and ,i Usti flvat lant; on the1 part of the respondents, if one is Co listen to the i sertlons of their wltnessc:;.1 3upposcdly, the lop was created in 1order to document the nuDiber of visitors to the Fire Department. (T. 743, 7118-A & 1101). This is belied by Respondents own ex- hibit #16, which i:; a comp:llat.ion of the visitors received rp0ct- fically by Linda Raton, rather than the entire fire department. Second, Respondr.nt states that :it kept Lire log in order to rind lut how long Linda Eaton nourished her son (T. 753, 1101) and. i .':ally, in a Justification of some recency, the log was commenced to stop theft and for security reasons. '(T. 755 & 1101). The variety, scope and fantastical nature and recency of these Justifications for the creation of the log in January virtually forces the conclusion t.hnt there ;u e suhr0 uenL 1 q Just:i- I; ficati.onr for ,in Il1cI;a1 act, i+c., the cr-eation of ti log Co Iimonitor the life 01' Linda Eaton. It lD clear that Linda Eaton was the focus of the �lop. (R. E'x. 16 & T. 779). It is equally I � I' obvious Lhat the focu., of t10 log VMS upon Linda Eaton's breast; -feeding activities, rather than any visitors to the fire station.I !; (T• 293, 363, 383, 792, 836, 903, 915). The rule against visitors! was in fact a rule against breastfeedin g (Brief, suiira; T. 293, I II 363, 373, 383, 792, 861, 903 & 915)• In fact, Captain Felstad j admitted under oath that he kept a separato note book I ,lust for Linda Baton; only in Linda Eaton's case were nursing vi:lts and I bathroom v:i.elt:; :logged. (T. 1080-85, 1105). The fireflghtcrs who testified at the hearing all tied the maint•enanc0 of the vis:Itors log to Linda Eaton's actions. Nathan llopklns (T. 471-2),i Richard Craig ('r. 569), and Steve llolan (T. 590), all saw an I obvious connection between Linda Eaton's determination to pursue oncurrently her status as a firefighter and a parent and the aintenance of the visitors log. This evidence of retaliation D forthright, unrobutted and without Justification. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES !; 27 In In addition, the surveillance and monitoring of Linda Eaton I resulted from her assertion of her right to be a firefighting u !I mother. (T. 931). Sophie Zukrowski, civil rights specialist for the City, admitted "peeking" in on Linda Eaton (T. 385-6) I although that was certainly not part of her Job duties (T. 394). 1 (T• 913). In addition, the maintenance of the visitors log was I seen by some of the firefighters as a form of surveillance and monitoring. (T. 569, 596). The rules and regulations g Ij ( Pertaining to the work environment at the fire department were first established in 1936. GI Ex'. II29)• They lay dormant, covered by dust and rarely, if ever, con- . i salted. Then, in January, 1979, Linda Eaton decided to breast- feed her son and these mold s y pages were dusted off, their antique Ij provisions were rediscovered, and it was det6rmined that new rul `( and regulations would have to be created. (T. 328-29, 720) In fact, in the first six months of 1 I i 979, in response to the Linda Eaton situation, twenty-four regulations were issued, equaling I in quantity if not quality the entire work product of Chief �I Keating in all of 1978. (T. 715-21). A rule was issued esta- i I' blishing a twenty minutes maximum visit limitation and yet while Linda Eaton suffered the consequences of exceeding this limit, II others were not reprimanded. (T. 1095-8, 1126). In_fact, one I Iifirefighter stated that there was only one rule known to the firefighters before January of 1979, a rule against women in the Idormitory. (T. 615). Finally, the "Visitor Memo" within Joint 1 Exhibit #14 was tied by testimony directly to Linda Eaton's as- sertion of her rights. g (T. 469-70, 532-33, 624, 7488, 764). Finally, contrary to the established and clearly mandated l+ policy of leaving I g personnel matters to the City's administrators,� j� the City Council involved itself sua sponte, and at the ins.is- fIJ li I tence of others. (J. Ex. 17; T. 124-5, 339, 845). In fact, City employees were pressed into service and involved in a I personnel matter involving a sole individual. The City utilized IIthe scarce resources of various City employees in the surveil- lance and monitoring activities directly related to Linda Eaton. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ■ e� i; Thus, a press release regarding breastfeeding was issued (J• Ex. I. 23), June Higdon maintained a specific file on Linda Eaton (c. -Ex. 41), Dale Helling and Sophie Zukrowski maintained specific notes I on Linda Eaton (C -Ex. 42 & 43), Sophie Zukrowski checked Linda I Eaton's visits and the time her son spent in the station (T. 394- 5) (although that was not her job), and strict monitoring occurrec from and after January, 1979• (T. 569). Indeed,.this involve- ment of numerous individuals in a private, personnel matter con- vinced the firefighters that Linda Eaton was the catalyst .for the, I various bureaucratic steps taken by the Fire Department and City. (T. 456, 569, 596 & 624). l All of these activities, taken separately or together, clearly indicate a conscious pattern of retaliation taken against Linda Eaton for her assertion of her rights under Iowa law. What is so vicious about this pattern of retaliation is its per I vasive quality, reaching beyond the imposition of adverse con- sequences upon Linda Eaton, to the broader and more questionable practice of rule and regulations changes and implementation and the maintenance of the Visitor Log. This sort of activity must not be countenanced and must be clearly dealt with as a violation. of Iowa law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES h -30- !1 motion are clearly insufficient, both in terms of their nature as jurisdictional defenses and as unsupported by the evidence. Respondent purports to raise a "jurisdictional" defense by I. its motion to dismiss on the ground that Linda Eaton's complaint I' of June 18, 1979, was too late to invoke the Commission's powers. I! Obviously, this defense cannot go to any question of personal lJurisdiction, as that power was acquired by the Respondent's Ilparticipation in the hearing conducted over some five days and I any such defense was waived by the delay in its assertion. Rathe this purported defense must rest upon some defect in the Commis- sion's assertion of jurisdiction over the subject of the action. That this defense is patently without merit is obvious from the reading of cases examining the Iowa Civil*Rights Act. The Iowa Civil Rights Commission was created by the adoption in 1965 of the Iowa Civil Riehts Act, with the goal of effectua- ting the policy of non-discrimination clearly stated in its Title: An Act to establish a civil rights commission to eliminate unfair and discriminatory prac- tices in public accommodations, employment, on-the-job training programs and vocational �I schools. . .". 1965 Iowa Acts (61st G.A.) !; Chap. 121. Not only .is the policy and purpose of the statute obvious to any reader of the Code, but the legislature commanded that any :reading of the statute must be broad in nature, in order to ef- ',fectuate its purposes. Iowa Code, §601A.18 (1979); Iowa Civil j i I'Rights Comm. v. Massey -Ferguson Inc., 207 N.W.2d 577 (Iowa 1973).1 This statute establishes a detailed method whereby those aggrieved by discriminatory practices can seek redress. City of Iowa City v.: Ii IlWestinghouse Learning Corp., 264 N.14.2d 771, 772 (Iowa 1978). I IilThese procedures speak to the manner in which jurisdiction over i -the subject matter is exercised; they do not speak to the method II j llby which jurisdiction is acquired or retained. The concept of jurisdiction is a concept of 'I p power. It is a i concept of definition and limitation; the jurisdiction of a partl-' 'cular body defines and limits the exercise of that body's power. jl f ' I II � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i! I' II j - 31 - I r• Thus, the validlty of' a courl: or an agency's exorcise of it: i Il power is dependent upon the delineation of its jurisdiction. ii In light of the Respondent's motion to dismiss, therefore, the question is whether the Iowa Civil Rights Commission had juris- diction to conduct its procedures in the Eaton matter. This is :i II a basic question of subject matter Jurisdiction, easily resolved i; upon examination of Chapter 601A. It is important to remember �I .I the exact nature of subject matter Jurisdiction and what it is, I I and isnot, about: I "Jurisdiction of the subject matter is the power to hear and determine cases of the l general class to which the proceeding be- longs. . . .It is an abstract question unrelated to the rights of the parties on the merits of a given case. . . .Subject I� matter jurisdiction cannot be conferred or ousted by acts of the parties or pro- cedures employed in particular litigation." '1 State ex. rel. Iowa State Hwy. Comm. v. Fu_!;22 N.4I.2d 199, 202 Iowa 1975 (citations omitted). This statement fairly summarizes the extensive Iowa Supreme Ij Court discussions of the concept- of subject matter jurisdiction. Central to the inquiry at hand is the question of whether the i Commission enjoys "the poorer to hear and determine cases of the I general class" involved in its administrative procedures. With- in the text of Chapter 601A may be found the answer to that question. The Commission is specifically empowered J'to hold hearings upon any complaint made against. . .an employer." Iowa Code, 5601A.5(5) (1979) (emphasis added.) This power to hold I l hearings on complaints of discriminatory practices is delineated II further in the specific procedures fashioned by §601A.15 of the 1 L• r Act. The discriminatory practices forbidden by the Act encompass; various grounds for complaint, foremost among them beim; the I discrimination in employment against an employee because of his ' II or her sex. Iowa Code, §601A.6(1)(a)(1979). Further, discrimi- ii natory acts in retaliation for/against a person's adherence to li the philosophy and strictures of this chapter is forbidden. � I : 1 it I II I' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F101NES i 0 .Iowa Code, §601A.11(2) (1979) -32- Taking these Provisions tolrother, and viewing the legislation as a whole, it is obvious that the subject matter of the Eaton complaint of June 18th, (i.e., the discriminatory practices of the Fire Department on the basis of sex in employment) was first brought to the attention of the Commission by the complaint of the Attorney General in January. Linda Eaton's subsequent complaint almost identical to that of the Attorney General's, was a mere technical procedural solidifi- cation of the matter. The seminal case in the area of discrimination in Iowa is Iron Workers, Local No_67 v. Hart, 191 N.W.2d 758 (Iowa 1971). In this case the court examined the question or a party's stand- ing as it related to the Commission's exercise of its Jurisdiction and the fashioning of relief. The Court stated: I "Under the language of this legislation, a complaint may be initiated by persons other than one aggrieved by a discriminatory or unfair practice. The Commission, a com- missioner or the attorney general may file a complaint [§601A.15(1)]. The complaint's main function is to trigger Commission in- vestigation and if probable cause is found, conference, conciliation and persuasion will follow. The agency decides if liti- gation is necessary. Complainant's im- portance as an adversary party Is not established by the statutory provisions. We hold strict procedural rules in this area are not applicable. We do not imply . we hold procedural rules, made necessary i by due process and fair play, have no ap- plication to Commission proceedings. . We have before us, however, an administra- tive proceeding foundation upon a legis- i lavtive enactment designed more to imple- ment broad public policy than to adjudicate differences between private parties." 191 N.W.2d at 766. (emphasis added.) I; The filing of any complaint is the event which invests the ilCommission with subject'matter jurisdiction. Iowa Code, §§ 601A.5, i; (5) and .15(1) (1979); Iron Workers, supra. The entirety of ';Chapter 601A establishes "a complete and comprehensive legislative .;plan for procersing, complaints concerning discriminatory practices) i! I I! � ' I i II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIIIES i - 33 - Westinghouse Learnin , 264 N.W.2d at 772 (emphasis supplied). The subject matter with which the Commission is concerned is "dis- criminatory practices" and that is the scope of its p jurisdiction; the process by which these practices come to the Commission's attention is simply an administrative methodology, devised by the legislature to best effectuate the goal of Chapter 601A, the voluntary adherence to a policy of non-discrimination. That certain persons may be present or absent as Complainant jj is irrelevant; subject matter jurisdiction is not determined in that fashion. See, In Re Damon's Guardianship, 28 N.W.2d 118, 51 j� (Iowa 1947). This rule is even more evident in light of another itcase involving the Iowa Civil Rights Commission. In Pottawattamie County Dept. of Social Serv. V. Landau, 210 I� N.W.2d 837 (Iowa 1973), the argument was made that the Iowa Civil Rights Commission lacked subject matter jurisdiction because of i; �the absence of certain parties to the matter before it. The I court refused to pass upon this defense, for :it was clearly in- sufficient to divest the Commission of subject matter jurisdlctlol Reviewing the various cases examining the concent of jurisdiction over the subject matter, the Iowa Supreme Court stated: "'Phe Iowa Civil Rights Commission was created by Chapter [601A] of the Iowa Code. Pursuant to that statute as applied to this case, the Commission has Jurisdictional authority to hold hearings 'upon any complaint made against a person, an employer, an employment agency, or a labor organization, or the employees or members thereof', charging discrimination in employment practices. §105A.5(4), The Code, 1971. [Iowa Code, §601A.5(5)(1979).] Jackson Graham, on November 9, 1970 filed a complaint with the I.oia Civil Rights Commission charging; his employer with discriminatory rractices in regard to his discharge from employment. The complaint was clearly within the realm of authority given the Iowa Civil Rights Commission by Chapter 105A [601A]." 210 N.W.2d at 843. The focus of the Commission must be upon "discriminatory practices" and not upon technical niceties. As the Iowa Supreme Court recognized in Iron Workers, an "erroneous assumption is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES M, N is I the legislatLon involved must be interpreted as affording merely �I a remedy In a specific dispute rather than correcting a broader ,I 6 pattern of behavior. It is the latter goals toward which this i. legislation is directed." 191 N.W.2d at 770. 'i Respondents also contend that the conciliation process in which it participated was ineffectual, and therefore the Commis- sion is without jurisdiction to hold a hearing in the Eaton Imatter. Obviously, it is the failure of conciliation efforts I which serves as the triggering event for a public hearing pur- i it Isuant to Iowa Code, §601A.15(5-8)(1979). It is the Complainants' I position that the procedure of "conciliation" was sufficiently II engaged in so as to permit the holding of a hearing under the statute. In any event, whether or not conciliation was "ineffec- tual", that question is obviously irrelevant to the issue of subject matter jurisdiction. j; The concept of .conciliation as a significant step in the i. i Iowa Civil Rights Commission's procedures Is exemplified by the language of Chapter 601A of the Iowa Code (1979). The Legislature recognized the importance of encouraging voluntary adherence to the principle of non-discrimination. Thus, It created a procedure designed to focus upon and eliminate discriminatory practices, I while providing a remedy to those aggrieved by the effects of those practices. Indeed, the mission of the Iowa Civil Rights Commission is not limited to the award of relief to those harmed i' j by discrimination, for its powers reach beyond that goal; the I I' Commission's purpose is to hasten the eventual elimination of I it I practices which illegally discriminate against persons, such as I� Linda Eaton. Therefore, the Legislature designed the Iowa Civil I' Rights Commission to have a variety of powers and duties, chief among which are: I' 2. To receive, investigate, and finally determine the merits of complaints alleging I; unfair or discriminatory practices. 3• To investigate and study the existence, character, causes, and extent of discrimina- tion In public accommodations, employment, apprenticeship programs, on-the-job training I. programs, vocational schools, credit prac- II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES I A - 3'1 - tices, and housing in this state and to attempt the elimination of such discrimi- nation by education and conciliation. Iowa Code, §601A.5(1979), Respondent challenges the conciliation process engaged in by the Commission as ineffectual, evidently because it did not in - j volve sufficient quantities of "mediation and persuasion". (T, 1012). This allegation is j patently without foundation, as is II clear from the testimony of Respondent's own witness, Vernell j Warren. Called by Respondent in support of its motion to dismiss, Ms. Warren was the complaince supervisor from the Iowa Civil Rights Commission assigned to attempt the conciliation of the matter of the Fire Department's alleged discriminatory practices against Linda Eaton. (T. 989), Ms. Warren testified to review - Ing the entire file and determining the appropriate remedies for ILinda Eaton, in light of the probable cause finding. (T. 990). !She then provided both Linda Eaton's attorneys and the City's ii attorney with a copy of the proposed Conciliation Agreement prior ito the scheduled conciliation meeting. This meeting was held on j'April 41 1979, with Angela Ryan, Assistant City Attorney; Robert Keating, Fire Chief; Pat Brown, Human Relations Director; Lela !;Waller, Legal Department Secretary; Jane Eikelberry and Clara i '01eson, Linda Eaton's attorneys; and Raymond Perry, Assistant PAttorney General, being present. (T. 1003). This conciliation j! jIwas memorialized in a Case Progress report by Ms. Warren, entered j;into evidence as Complainant's Exhibit 55 and a tape recording made on behalf of the City, Complainant's Exhibit 57. (T,1008).. As Ms. Warren testified, the meeting primarily involved re= ;viewing the various provisions in the proposed Agreement in order j iito determine which were acceptable to either party. (T. 990). JIMs. Warren attempted to determine why the rejected provisions were not acceptable and "tried to suggest other alternatives for i' 11those proposals that were not acceptable." (T, 991), I n i. I • I Ij it MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II0171E5 ■ W F; n r� 36 At this meeting the City made an offer Of -conciliation which i was reviewed by Linda Eaton and her attorneys and rejected as un- lacceptable, although they told Ms. Warren they would present a j counter -proposal to the City. (T. 992), Following the con cilia- tion meeting, Ms. Warren "attempted to encourage all parties to j I� '!compromise in an effort to settle this matter." (T. 9921. She had several contacts with each party after the meeting itself, although none of these contacts resulted in an Agreement resolving: lithe matter. (T. 992), Although proposals for settlement were l iiput forth by both the City and Linda Eaton, significant' points hof difference remained and this situation resulted in a failure ii of conciliation, leading to the public hearing, held in July, 11-1979. While it is certainly in the best interests of the Iowa Civil ;'Rights Commission, the State and all persons involved in a matter I it conciliate allegations of discrimination to a positive con- iclusion, neither the law nor common sense mandate settlement. , Chapter 601A focuses upon the identification of discriminatory l:practices, the encouragement of voluntary resolutions, and, if !that fails, the holding of hearings and Provision of relief. n IiIowa Code, §601A.15(5)(1979). Conciliation is not required, al - I; though it is desireable. It is certainly not desireable nor re- !quired where the discriminatory y practice complained of is not as would be the case were Linda Eaton to acceed to ,the overtures of the City. The City's proposal, Respondents Ex- Ihib1t la, did not fairly meet in the crux of the matter, "whether for not Linda Eaton would be allowed to breastfeed whileon duty." 'i(T• 992). For I,:tnda Eaton to bend over backwords to reach settle- 1inent without a concommitent effort on the part of the City would i.not be a settlement; it would be an abdiction. The operative word I llin the statute is "conciliation", not concession. i+ Various courts examining the necessity and adequacy of con- leiliation efforts by the EEOC have noted the miniscule mandate of i 1Title VII, Actual conciliation efforts by the EEOC are not a pre- i requisite to a subsequent civil action under Title VII. "All that II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES WoI11E5 i BEST A00y�MEiE I Ls roquired 1:; that the plaintiff first present: his charms to the Commission, so that it han an opportunLty to pursue concilia- tion." Dyprcc_ v. Ilut_tz Coal., 1119 F. Su pp. 7611, n.I at 768 (E. D. Fa. 1976). 3lmtlar•l,y, a federal. dinLr•ict. court in Nr.ta York ha:; met the issuer square on: ". . .the ltrw is clear that Title VI7 re- quJres only that the Commtssion have an oL.�porLunl.ty to bring about a voluntary settlement; there is no requirement that conciliation efforts even take place, let alone a Jurisdictional prerequisite that the charging party come to the bargaining table with demands that the other side considers reasonable." I.o Re v. Chase Manhattan Corp., 1131 P.Supp�l, 1971 S.D. N.Y. 1977)• Although conciliation is a preliminary procedure to the holding of a hcrnrl.ng and granting of rclicr, tho extent to which parties must conciliat:c is not ostab:ished h,y ntat:utn, nor could the law require, a rut.i.lc •jeaturo. Iloth povt.ica to thin rnrll.tor presented offer:; of conciliation, which wore ro,jcctod by the `1 I )� opposing party. Efforts at conciliation were made, as requ.lred by law. In a racial discrimination case under Wisconsin's Pall• i Employment Act, the Wisconsin Supreme Court examined the concl.IRI tion process in that State. The court re.cognizod that, prior.AtyWao placed upon end.itig dincr.iminat.ion through concillat.i.on and that conciliation was a "mandatory preliminary procedure" to tho en- trance of enfor'cr:m(.,tlt orders. HowOVOT', I:hc court; clearly rr.cor- n:Lzod the nature of conciliation an a process involvintr compro- mase: "Conciliation requires the asr»nt of both disputing parties to the proposi.tLon that the dispute has ended. Unilateral ofrers by the employer and union, when they are threatened with a finding of discrimination, do not in and of themselves, constitute conciliation. " Watkins v. Do t. or Ind. Labor & Human Rel.,T9 Wis.2d 782,- 233 N.W.2d 3TO , 3 1 197 5) The Commission's agent, Ms. Warren, the parties and the attor•no,yn herein till cngn(;ed In numprou:; ; I:tompta to ronol.vc: the matter Jit a non-11tigatory Pa:;hlun. Thrnt having, l';rl]erl, Cho m- ce;nary step leas a public hcru•Ine, conducted 1,111a pa:;, July - August, 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIo1NES ■ M i BRIEF POCNTVlf THE DEPOSITION 01+ DR. DERRICK JEL[,[pI'E (CO14PLAIUAIIT'S EX- HIBIT 11$) SHOULD BP' ADMITTED INTO EVIDENCE AS IT MEETS THE STAN- DARDS ESTABLISHED IN THE IOWA ADMINISTRATIVE' PROCEDURE, ACT. AUTHORITIES Iowa Code, 5517A.14(l) (1979). Prior to hearing, counsel for both sides of this matter ar- ranged to handle pre -hearing discovery and preparation in an efficient, if relaxed, manner. Certain stipulations were cntcred Into and accord:; reached, all In tire, Interest of- obtaln.in,r, In the fullest and most expeditious f.lshion ,III oC the evidence rc- levant to the Eaton case. In this veln, counsel for both stcicc+ agreed to the taking of Dr. Derrick JelllPfe's deposition through, a specially arran,^•ed telephone conference, as he is a resident of California. (See, Respondent's Resistance to Motion to CoD!npl i ii Discovery, 1-2). Upon review, liespondent's attorney tardily i is rescinded her earlier, assent and Mod the aforementioned Resis- tance. Then, at the hearing on the rnerlts, counsel for Respon- li dr.nC reasserted the pot;iti.on tukcn In Loll otirller Resistance. and objected to the ruccipt into evidence of Dr. Jolliffe's deposition I (T. 798-99). Subject to this objection, Dr. Jcll.iffe's s',aorn, i' it verified deposatlon was offered by Complainants as their Exh.lbit. 118, to which was appended Dr. Jclli.ffc's Curriculum Vitae and ! i certain graphic representations from his tczi:, Human Milk in the I� t1q-0ern World, (C. Ex. 3, 4, 5). Throughout the discovery phase of tills case, Complainants made clear' their determination to Utilize Dr. Je111ffc's testi- mony. (Complainant Answers to Interrorator.les, No. o for Linda Eaton, No. 1.0 for Thonurs J. Pt.iller). Humcrcnis Respor.sr.n to Ron- pondent'n Motion to Pf'pollee likewise made explicit the detprminn-1 tion to utilize Dr. JOIllffe's expertise. Tn fact:, In two :;uch $EST 11 Responses, the apparent agreement of all. part:.lca to a tclephnno DVAj conference call and recordation of Dr. Jel li ffe's ans!•Icr:; t:o A questions was evident. (Responses to Motion:; to [induce; Sec also Notice of Expert Witness). ,I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES -39- I Arrangements were completed in early July to allow r such fo I ; 'i a telephone conference call at 1:00 p.m. on July 17, 1979. (h;o- tion to Compel Discovery, til, filed July 16, 1979; Resistance to ' M I� i Motion to Compel Discovery, filed July 30, 1979). At 8:30 a.m., i ithe day prior, to the scheduled conference call, the Rrspondent's �I attorney rescinded hor assent, necessitating various emergency I I� legal maneuver::. (Tel.) The aforementioned Motto,, wa:; filed to obtain Respondent's I� attorne j II y's compliance with the deposition methodology previously �l agreed to by the parties and scheduled for July 17, 1979• The i I (Hearing Officer denied this Motion, afterwhich a simllar Motlon i to Compel Discovery was filed (Motion, July 20, 1979). This iMotion was ruled upon by the Hearing Officer in an Order dated � I July 24, 1979, netting the guLdelines by which the utilization of the Jelliffe Lolcphone dopnsit..1oil m.il;ht. bo nccompl Ishcd, an !i lsuch. (ituli.ng of July 211, 1979, pages 2-3). TheroaCter, at the hearing on the merits, Respondent's attorney objected to L'ho h_ receipt of the i p Jell.iffc reposition into evidence upon numerous � grounds. (T. 798-99). I. In light of Hearing Officer Stansber•r`y ruling of July 711, 1979, the nonparticIpati oil of the Respondent's attorney in the telephone conference call, either orally or in writinj; pursuant to Iowa P. Civ. N. 1118(a), vitiates one rationale or her objection. ii Respond ent'n attorney was at all times informed of the arrange- . i i iment.s,, of the call and her voluntary withdrawal from particlpat.lpn 'estops her from j clalml.ng any prejudice. Indeed, Complainants ;I 1 attorneys offered to read the Deposition into tho record In orrier ' I ;I , !Ito permit Respondent'r, attorney to i.ntrrposr an;,' obicrtiona, bill. , werc rebuffed in this attempt. (T. 801-803)• i I , Another ground of the objection to the use of Dr. Jell 1(To '; I�deposition is the failure to moet the requi.rernentn of Iowa R. C1v.1 �I'. 147(a)• Obviously, tho t1mc frame allude(l to above and 0., I i ,$EST I s" )Md :1 1 the doc:umtinL be CO re the Ilea rLil; Officcr, did not DOCUMENT AVAILABLE j1 it .. MICROFILMED BY JORM MICR01_AB CEDAR RAPIDS -DES notnES W DODUM�II INVp1L� permit the propounding; and annwori.ng or written intorrogatorLes. Nor could answers or sufficient clarl.ty and spcclPicity be pro- vided gJvcn the Ln:;url'Lcacnt. time 1'ramc, Dr. J0111fre's schodulc and the oclentific nature of the testimony. (Motion to Compel Discovery, 15). The issue of whether Linda Eaton needed to breastfeed her son,.Ian, Is paramount to both the Complainants and Respondents cases in this matter. The :Lmportance of this issue is evidenced by repeated references to nursing or breast- feeding In documentary evidence. (e.g., R. Ix. N1-(,). In testimony (e.g., T. 293, 363, 383, 792, 836, 903, 915) and, moreover, 1n the evidence or two phynlc.i.ans called by the City. Dr. Samuel. Fomon (T. 1020-51.); Dr. Hoy M. Pl.tk:in, (T. ?On -59). For the CLt-y to now deny the :Importance o1' breastfeeding as an issued Is to deny the obvious. Therefore, any rationale based upon Iowa. R. Civ. P. 1117a, is patently without merit-. It is important to note that the contents of Dr. Jelliffe's deposition were reviewed, corrected, certified, and sworn to by I him. (Deposition, Cp. lix. 48, pal;e 36). This. certified, sworn i testimony was then offered into evidenco. (T. 803). ,I The .Iowa Admintstr';ttive Procedure: Act provIde;, for• the re - I � ce:Lpt into evidence of items not Cradat.lonnlly ruilnitted. �>17A.11t � r (1) establishes a broad standard by which evidence may be re- ceived; and considered: "A finding shall be based upon the kind of evidence on which reasonably prudent per- son: are accustomed to rely for the con- duct of their serious affairs, and may be based upon such evidence even if it would be Jnadmissi.ble in a jury trial. . .Subject to these requirements, when a hearing will be expected and the Interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in vera.rJcd wrAtten t'orm." Inwa (.'Ode, S17A.111(1) (1979). --- Thu:;, the t:cr.t of whether a Noce of writing; may be admitt(:tl into evi(lence 1.s Llircr.cold: (.1) .It ir verirind, (P) will It.:; iI:;e in written form expedite the hearing, and (3) w.l.11 subrtanl:Larl prejudice to a party rosult? The problcnnr; oncountered after MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIES i II July 17, 1979, cautioned tile Complainants' counsel and the writtnll I� introduced (Cp. Lx. 48) was therefore cert:iried and sworn to by JI Dr. Jc1l:Ifre; Lhuc, the verLfication requirement has been met. The use of the verified deposition obviously is analogous i to the use of an affidavit. I Seen in that light, the efficiency i nccOmplJshud through its rcccption and use in a writtne form I. I; oLrar. I+urther, Respondent;; attorneys la -St -minute maneuvers pre- It iteluded any resort: Lo :In-por•son deposLtion proccedin i, i4by either counsel or to 1110 use of Dr. Jc111ffe as Respondents witness. Finally, as to the question of prejudLce, Respondents attor-I 1 ney waived any objection to the use or this document on this 1 ground. When she refused to participate in the telephone con- ference on eLther of the two dates, or to state her specific objections as theGiuestions i and Answers were read into the record.' In any event, the testAmony or both or Respondont's medical wit- nesses confirms the varoc.Ll,y or Dr. Jell: rr(.,'s tentimony a!; .it rlppcar's In th0 (101jonIALon. Dr. r(oy M. )""In tastLrIud that he had seen Ur. ;i01'lil'l'0'• I work, Human 141.1.1: In The Modern World and Ila(1 read others. (I, I' 2113) • Ra t:e:;L'1ri.ed that one diagram from ghat work, Cp. is an accurate representat;los or the let -down response ('f. 211) li it and that breastfeeding is a dyadic and biological process. (T. I li 249). i 1, Dr. Samuel J. Vomon test.iflec] that Dr. JelliCte is a breast-' feeding "enthus.last", who had done,a good (10.,11 of work in dov0.ln-! li pi.ng countr1es, ('I'. 1037) • �Dr. I�on:on at, that; his approach I i �! deals with the cornpononts of m:l.lk r+halc Dr. ,7c11aff0.'s focuses it in the social, economLe, andhiolo;icnl. i process of I ast. Veer] I ng. l I• (T. 1038). While Dr. A'omon conceded that he. and Dr. ,ielliffa I ymay have disagreements on the silbJect of lactation because he does not consider himself an cy.pert In that area (T. 1038), he i BEST I DOCUM AVAILA i LE j II I 1 I , I FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1,101MES I. ii :I testified that he recommended that "babies should, IC possibl(!, i be breastfed" and that "any woman who has an inclination to breastfeed should be given every possible help and support so that she finds it as pleasant and successful as possible." (11'. 1022). �I II For all of the above reasons, Complainant's Exhibit 48, 1: ij admissible and should be examined and considered by the Hearing Officer because of its reliability, relevancy, and importance. i p i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i ■ HI?(ORI? THE LOI:A CIVIL RLcn•rS COMMISSi0,1 •• 'THOMAS J. MLLI,L•'R, . °�c,_ ,/ ATTORNEY GENERAL OF IOWA, I * Complainant, * CP 11 0.1-79-5630 vs. * * CITY OF IOWA CITY and CITY OF IOWA CITY FIRE DEPARTMENT, * Respondent. * * ------_—.-------k ------------ LINDA L•'A'L'UN, * ' Complainant * COMPLAINANT -S POST -HEARING VS. * BRIEF RE: ATTORNEYS' FEES 1 CITY OF IOWA CITY and Y CITY OF IOWA CITY FIRE•' DEPARTMENT, k Respondent. * i * , ISSUE 7 7 UNDER WHAT STANDARD SHOULD AN ATTORNEY FEE AWARD BE MADE TO A COMPLAINANT UNDER CHAPTLU 601A AND HOW IS THAT S'T'ANDARD APPLICABLP' TO '1'111•; INS'TAN'T CASE? AU'I'IIuR 1'1' L ES e Iowa Codg h01A.16 United States_Cod('f 42 U.S.C. �2000e Cedar Rapids Co,m_nunil rr 237, School District v. Pa —P N.W.2nd 486 (Iowa -1975) --"", Newman v. P1Dg-t Park Ent�r�r.ises 390 U.S. 400 (1968) Ablcm=nrle Pager Co_ v_MOOdIZ 422 U.S. 403 (1975) ' Parham v _SOLIthwestern Bell Te.lcpfiOne—Co_ 433 F.2d 421 ((8th Cic. 1970) Fairle�v. IaL,tec,Oq 493 F.2d 598 (5Lh Cir. 1974) "Lawyers and Involuntary Clionts in PLIh.11C Inl.arest Litigation'', 88 _Iorvanl 849 (1975) g Gunther v. Iuwa ;Late Men'.s kkcEormatary 466 I.I.S. 367 (Iowa, 19'19) BEST DOCUMENT AVAILABLE j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -2 - Lea v Cone Mills Corp. 438 F.2d 86 (4th Cir. 197.1.) Miller v. Amusement' Enterprises Inc. 426 F.2d 534 (5th Cir. .1970) Torres v. Sachs 538 F.2d 10 (2nd Cir. 1976) Fitzpatrick v. nitzer 427 U.S. 445 (1976) Hutto v. Finney 437 U.S. 678 (1978) Iowa Code 94.1(36) DISCUSSION The Iowa Civil Flights Act of 1965, Chapter 601A, 1979 Code of Iowa, was amended effective January 1, 1979, to allow: "Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees." 1 3 Sec. 601A.15 (8) (a) (8). Together with amended Sec. 601A.16 (Complainant can bring District Court action without Admin- istrative Agency after 120 days) this evidences a legislative intent to encourage private enforcement of the statute's goals.2 1. Other Iowa statutes which allow for payment of a "reasonable" attorney fee include Sec. 17A.4(4)(b) (invalidated administrative rule making); Sec. 229.19 (mental health commitments); Sec. 232. 141(1)(g) (juvenile justice); Sec. 327D.16 (treble damages against intrastate carriers); Sec. 511.17 (illegal contracts with insurance companies); Sec. 567.6 (alien escheat proceedings); Sec. 553.12 (anti -competition cases); Sec. 573.21 (claims on public contracts). Other Iowa statutes allow a "reasonable" attorney fee as compared to some statutory standard: Sec. 302.33 (school fund mortgage foreclosures); Sec. •472.26 (condemnation); Sec. 633.198 (probate): Sec. 649.5 (quiet title action); Rule Civi.l_Procedure 294 (partition proceedings). • A few statutes limit recovery of attorney fees to actions brought maliciously or without probable cause: Sec. 106A.12 (navigation cases against non-residents); Sec. 321.510 (use of motor vehicles on a state highway by non-residents); Sec.321.510 (use of motor vehicles on a state highway by non-residents). Lastly, the statute may specify that the Court fix the "reasonable" attorney fee: Sec. 639.14 (release of a wrongfully obtained attachment); or, rely on "the ordinary and customay clarges for like services in the community," Sec. 815.7 (court appointed attorneys in criminal matters). See, Rodriquez v. Taylor 569 F.2d 1231,1249 (3rd. Cir. 1977) (Court appointed criminal attorney fee award not an appropriate comparison for Title VII or 1983 attorney fee awards). 2. within the Eighth Circuit Federal Court -of. Appeals, Iowa's statute has the broadest language for payment of attorney fees. Arkansas does not have a state civil rights law. Missouri's statute, Chapter 296 Fair Employment. Practices Act, has no pro- vision for an award of attorney fees. The Nebraska statute', Chaptar 25.129(6) and the Minnesota statute (Section 363.14(b)) each•give the district- court discretionary authority to award it reasonable attorney fee to the prevailing party. The North Dakota statute (Section 34.061.05) allows an award by 0c Court of "reasonable" attorney fees in a wage discrimination rasp. 111;7._. - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ?10IDE5 ■ -3 - The legislative purposes served by allowing attorney fees are twofold: 1. to enhance enforcement of the statute by assuring complainants that they will not be burdened with attorney fees; and, 2. to deter discriminatory behavior of respondents. i i Under the terns of the statute the payment of attorney Li I fees is included as one factor of "remedial action." Sec. 691A.15(8)(a). Remedial action is dependent upon a finding of discrimination. "If upon taking into consideration all of the evidence at a hearing, the commission determines that the Respondent has engaged in a discriminatory or unfair practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the Respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission will carry out the purposes of this Chapter..." Title VII of the Civil Rights Act of 1965, 72 U.S.C. 92000e et. seq. is the federal counterpart of Chapter 601A. Cedar Rapids Community School District v. Parr 227 N.W. 2nd 486,494.(Iowa, 1975). Under Title VII a "prevailing party" may be allowed "reasonable attorney fees." Sec. 706 (k), 42 U.S.C. § 2000e 3-5(k). In Newman v. Piggie Park Enterprises, 390 U.S.400 (1968) a unanimous Supreme Court authorized the payment of reasonable attorney's fees to the prevailing plaintiff in an action under Title II of the Civil Rights Act of 1964, 42 U.S.C. §2000 a-3 (a) and reasoned as follows: "When the Civil Rights Act of 1964 was passed, it was evident that enforcement would prove difficult and that the Nation would have to rely in part upon private litigation as a means of securing broad compliance with the law...If successful plaintiffs were routinely forced to bear' their own attorneys' fees, few aggrieved parties would be in a position MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS•DES IIOI;IES _4__ Loadvance the public interest by .invoking the injunctive powers of. Lhe federal courts. Congress therefore enacted the provision for counsel fees -- not simply to penalize litigants who deliberately advance arguments they know to be untenable but, more broadly, to encourage individuals injured by racial discrimination to seek judicial relief under Title II." at 402. The Court proceeded to articulate a standard for the award of attorney fees which has been accepted by all of the federal appellate courts. It follows that one who succeeds in obtaining an injunction under that Title should ordinarily recover an attorney's fee unless special circum- stances would render such an award unjust." Newman v. Piggie Park Enterprises 390 U.S. 400, 402 (1968). In 1.975 the Supreme Court reaffirmed its support of the Piggie Park test by holding it applicable to Title VII litigation. There is, of course, an equally strong public interest in having injunctive actions brought under Title VII, to eradicate discriminatory employment practices. But this interest can be vindicated by applying the Piggie Park standard to the attorneys' fees provisions of Title VII." Ablemarle Paper Co. v Moody 422 U.S. 405,414 (1975) The Eighth Circuit has held that even when the plaintiff in a Title VII employment discrimination case fails to establish a right to damages or an injunction, if the lawsuit "acted as a catalyst" for the employer to comply with Title VII, an attorney fee award is appropriate. Parham v. Southwestern Bell Telephone Co. 433 F.2d 421 (8th Cir. 1970). The State of. Iowa shares the goal of federal civil rights legislation of promoting a non-discriminatory work place. This goal will be furthered by adopting the federal standard under Title VII: successful complainants should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES Wl I .- -5- There is no evidence in the record that an award of atLorney rcos in this uo:io i:o precluded by special circumstances. Thu Lacl. Lhai. ::umu Luce; in Lhin cane have been paid by a non-profit organization, the National Organization for Women, is insufficient reason to modify any attorney fee award to the complainant. The payment of fees by a non-profit organization has been found "to be an impermissible rationale" to use in determining an award of attorneys' fees and expenses. "This Court has indicated on several occasions that allowable fees and expenses may not be reduced because appellants' attorney was employed or funded by a civil rights organization and/or tax exempt foundation or because the attorney does not exact a fee." Fairlev v. Patterson 493 F.2d 598,606 (5th,Cir. 1974); Dawson, "Lawyers and Involuntary Clients in Public Interest Litigation," 88 Harvard Law Review 849, 853 (1975); Gunther v. Iowa State Men's Reformatory 466 F.S. 367 (Ia. 1979). 1 Nor is it a "special circumstance" to deny attorney fees i even in "test" cases. Therefore, where plaintiff in an employment discrimination case was not seeking specific iemployment but was bringing a "test case" where he prevailed on the merits, an award of attorney fees was upheld. Lea v. I Cone Mills Corp. 438 F.2d 86 (4th Cir. 1971). i The essential indicium for an attorney Eec award is the existence of an attorney-client relationship. Miller v. Amusement Enterprises, Inc. 426 F.2d 534,538 (5th Cir."1970). In the instant case Exhibit52 demonstrates the existence of an attorney-client relationship and no special circumstances' were alleged or proved at the hearing to withhold an award of attorney fees to the complainant. Torres v. Sachs 538 F.2d 19 (2nd,Cir. 1976). (Title VII does not mandate that publicly funded law firms must be paid rates lower than fee charging counsel). MICROFILMED BY JORM MICROLAB CEDAR RARIDS•OES iIOIMES -6 - the fact that thn Respondent herein is a municipality ircumstance" which would preclude an attorney fee Cur 601A has no exclusion in its remedial action )r state or local governments. The rationale that the possibility of having to pay attorney Ane the City to act in such a manner that further Ligation will not be necessary. Further, the U.S. has held that in a sex discrimination case under Eleventh Amendment does not invalidate an award ges and attorney fees against the state treasury.. Bitzer 427 U.S. 445 (1976); Hutto v. Finney 437 8). :)f the Pio4ie Park stande.rd,'that attorney fees oily be awarded absent special circumstances, is -ted by the mandatorylanguag& of Chapter 601A: ,damages shall include but are not limited actual damages, court costs and reasonable :orney fees." (emphasis added) fla)(8). Chapter 4, Sec. 4:1(36), 1979 tates that: word shall imposes a duty." A.18 indicates that, "This Chapter shall be dly to effectuate its purposes." since there are no special circumstances case a reasonable attorney fee award should Complainant. ISSUE II 30NABLE ATTORNEY'S FEES BE COMPUTED UNDER AUTHORITIES Iowa Code of Professional Resp dibility UR 2-106 In Re Jenneiohn's Marriage 203 N.W. 2d 237 (Iowa, 1972) Am. Jur. Attorneys at Law, 99232 Measure of Compenation PIICROEILMED BY JORM MICROLAB CEDAR RAPIDS -DES raDlnEs -7- SGfY40C,__L.'laswyr.t_h 63 N.W. 683 (iowa .1895) Lunn chscl_y...l'uwa_State_ Ill yhwuy_'9mnl_{:_.Lon_2L9 N.W. 2d 658 (Iowa, 1974) Wilson v. F'_eming 32 N.W.2d 798 (Iowa 1948) Riter v_Davenport., R_I_and N.W. Ry. Co. 243 Iowa 1114 (Iowa, 1952) _,Johnson v. Gcoraia_llighw_ ay Express Co. 488 F.2d 714 (5th Cir. 1974) Berger,S. "Court- Awarded Attorneys' Fe:s: What is "Reasonable?" 126 U. of Pa. L. Rev. 281 (1977) Council for Public Interest Law, Balancing the Scales of Justice: Fin- aancing b is Interest Law in America (1976) �taFP of Towa v. Un1oAsphalt & Roado;ls Inc. 281 F.S. 391 (S.D. Iowa 1968) i -L],IIC1}L$ros. Ruddersv- Amariranitary Com, 487 F.2d 161 (3rd. Cir. 1974), 540 F.2d 102 (3rd Cir. 1976) i Glexnrlv�y,��lestrrn F1e�trir Co. 594 F.2d '638 (8th Cir. ]979) i -Gr-un;n v. rnFernitignal Hour,ncakez513 F.2d 114 (8th Cir. 1975), cert. den. 423 U.S. 864 (1975) _C.Lty_taf let D2.t y_—GrinnPll Corp. 495 F.2d 448 (2nd Cir. 1974) i -DreJd v- W har-ty_MutuaLlnsurancr-_C-a.A80 F.2d 69 (5th Cir. 1973) , cert. den. 417 U.S. 935. Note, Developments in the Law -Employment Discr_mination in Title VII of the Civil Rights Act of 1964, 84 Harvard 1. Re,` 1109, 1257 (1971) ) ( Xulkarn'i v_ Alexanrlpr 18 EPD 8644 (1978) 4-09eys__ New_York Gas Lioht 47 U.S.L.W. 2747 (1979) J1es7th-y Mason City and For. Dodge R. Co. 94 N.W. 467 (1903) _Fisher v. R ams 572 F.2d 406 (1st Cir. 1978) .".bn 4 -u --Y> United StaLes 554 F.2nd 632 (4th Cir. 1977) . _Parker v.—QD.1,UgDO_.182 U.S. App. D.C. 322, 561 F.2nd 320 (1977) �ostr'r v �3aor_Stsn 561 F.2d 340 (D.C. Cir. 1977) -Batesc_Pasifi�-C4s�xaxime Assn, 19 EPD 9132 (D.C. Calif. 1979) i I Prandin; v. Nada anssl Tea Co. 18 EPD 5194 (3rd Cir. 1978) -In_Re-J�ehner's Fate _298 N.W. 656 (Iowa, 1941) i �anhman SSS sc alc_ 19 EPD 9044 (D.C.D.C. 1979) ArCnson v,--Doar Trade_of City of Chicago 372 F.S. 1349 (N.D. Illinois 1974) -ArmstLong v. Board of Education of Birmingham C.A. No. 9678 (N.D. Alabama September 14, 1976) MICROFILMED BY JORM MICROLAG CEDAR RARIDs•DEs o-touas IM. Disc•usS um In :;ctLLng "reasonable" attorney f.uu:; Iowa has relied uprm a multi - f+iclar. Lc::;Lcr' from IIIc 2-100 of Iho Iowa Codu Lgn_.11 Iccspon:_i_bi1i1._y,. Ln Ilu_.,lcmnu_jo!uI':;_ht�rriagc 203 N.W.2d 237 (Iowa, 1972); pm. Jur_ Attorneys at- Law, s 232 Measure of Compensation. It is noted at the outset that the wealth of the clinet and any contractual arrangement between the party to be awarded the fees and the attorney are not factors considered i in fixing a reasonable foe. Stevens v. Ellswroth 63 N.W.2d 683 I ' (Iowa 1895); Carmichael v. Iowa State Fl.iahwa Commission 219 i N.W.2d 658 (Iowa 1974). Also, Iowa authorities agree that attorney fees are noL taxable an part of the; costs in an action unless specifically authorized by sLatutc. Wilson v. Fleming 32 N.W.2nd 798 (Iowa, 1948); R.iter V. Davonport, R.I. and N.W. Ry. Co._ 243 Ia. 1114 (Iowa 1952). The'attorney award, if any, is owned by the client. Carmichael, suhrzl. Dr2-106 Fees for Legal Services, Iowa Code of Professional Responsibilitv states: "Factors to be considered as guides in determining L!Ie reasonableness of a fee .include Lhc following: (1) The time and labor required, the novelty and difficulty of Lhe questions involved, and the skill requisite Lo perform Lhe legal service properly. (2) The likelihood, if apparent Lo the client, t.hal the acceptance of the particular employment will preclude other employment by the lawyer (3) The fee customarily charged in the locality for similar legal services. (4) The amount involved and the results obtained (5) The time limitations imposed by the client or by the circumsEances. (6) The nature and .length of the professional relationship with the client (7) The experience, reputation, and ability of the lawyer or lawyers performing the services. (8) Whether the fee if fixed or contingent. In tnc frequenl:ly cited ensu of Johnson v_.- Ccor1la._Ifighwa.y, I Express: Co. 488 F.2d 714 (5th Cir. 1974) the Fifth Circuit applied each of these factors in an umployment. dLscriminat.ion BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ilo RIES -9- case, and other courts have followed their Lead. However, the application of this multi -factor approach in the civil rights field has be -un fraught with probloms. Samuel Berger notes that the: "courts have provided Car mor, atbractive financial inducements for .lawyers to represent private anti-trust complainants and that oftentimes fee awards in environ- mental and civil rights litigation have been unreasonably low." Berger, "Court Awarded Attorneys' I•'ces: What is "Reasonable?" 126 University of pa. [,._ Rev. 281,2.92 (1977). See also, Council for Public Interest Law, Balancinrnthc scales of Justice: FInancino Public Interest Law in America (1976); Stat. of Iowa V. Union Asphalt & Roadoils. Inc. 281 P.S. 391 (S.D. Iowa, 1968). In short, the multi -factor test has often been applied inconsistently and unpredictably in the federal courts. The 'Third Circuit in Lindy Bros. Bu.ildcrs_v__American Sanitary Corp. 487 F.2d 161 (3rd Cir. 1974), 540 F.2d .102 i (3rd Cir. 1976) has devised a briefer list: 1. The number of hours spent in various legal ' activities by the individual attorneys 2. The reasonable hourly rate for the individual attorneys 3. The quality of the attorneys' work. I Under either approach the process of setting the fee award i ^s with a multiplication of the number of hours found to have been reasonably expended by a typical hourly rate -for that type of litigation in the particular area. This is the j "lodestar figure" used by the Third Circuit, Limy eros., supra. � I In a case cited by the Eighth Circuit as a "model of clarity which should serve as an example for the proper com- putation of attorneys' fees awards," Clevorly__v._Wcs,Ccrn Electric Co. 594 F.2d 638,642 (8th Cir. 1979) this approach j BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES V -..•'� -10- was explained as follows: "These factors will be considureii in the following manner: first, a deLormination will be made of the number of hours spent by plaintiff's counsel, and in what manner; second, a value will be placed on those services by consideration of the customary fee charged by plaintiff's counsel; finally, this initial figure will be adjusted by consideration of the remining factors." See also, Grunin V. International. House ofCnncakcs 513 P.ld 114 (8th Cir. 1975), cent. den.. 423 U.S. 864 (1976). Thus, the first: step in computing the attorney fee award should be to ascertain the number of hours reasonably expended and multiply that number by the typical hourly fee. For while no final just and adequate fee can be determined by this procedure, "it is the only legitimate starling point for analysis. It is only after such a calculation that other, less objective factors, can be introduced into the calculus." CiIY oE_Udlro.il v._.Cri,nncl Coi:p. 495 I•'.2d 448 (2nd (:ir. 3 1974). a. TIME EXPENDED BY ATTORNEYS As indicated in Exhibit 51 Complainant's attorney submitted detailed time records from contemporaneous office records. Time of volunteers was not included. rime spent on non -legal aspects of the case, e.g., media problems, was not included. b. TIME EXPENDEN) IN D1. TRICT COURT AND ON GRIEVANCE' 'Pima was included for representation of Comp.lainanL in the Iowa District Court of Johnson County in an action to obtain a Temporary Injunction to allow Complainant to breast- feed at work during the pendency of the action under Chapter GOLD. 3. A distinct minority view of one court for :;ening attorney fees recently advocated a "cost plus reasonable profit :margin" approach. Copeland _v_. Marshall 48 U.S.L.W. 2017 (1979) BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 9 4lhile thin action Wil:: noCf.iLed under C1-1111 r 1 601A, L. hr. luw,i Civil lights Commia:;ion had intervened under TOWO 1411e of Civil Procedure 75 without objection by Complainant Eaton and a 'remporary Injunction granted which is still in effect. 'rhus, the District Court ar, a mattcr.�uf comity deferred t•o the jurisdiction of the administrative agency to allow the statutory scheme of Chapter 601A to proceed. In this case, the Complainant was thrcat:ened by the Respondent with termination of employment and the District Court prevented that by issuing a Temporary Injunction restraining the employer from firing the Complainant for breastfeeding on the job. Therefore, the Complainant went directly to the State District Court on the same facts and occurrences which became the basis for the complaint under Chhater. 601A. Since under 601A the Complainant. could not herself seek temporary injunctive relief. (Sec. 691A.5 reserves the power to seek a temporary injunction to the Civil. Rights Commission) she had to rely on the traditional equity power of the: Iowa Court, asking it• to act expeditiously and then, with the protection of the 'Temporary Injunction, pursue the course of Chapter 601A. The facts and circumstdnces of the grievance matter for which attorney hours are claimed (1-.xhib.it 51 1.6 hours) are part of the instant casa. Complainant filed a grievance to eliminate negatA ve .inferences being on record about. the Complainant's breant.feoding and job performance. Whereas, Respondent• sees the facts of the grievance as part: of their usual and customary evaluation process, Complainant contends in this matter that it was an example of retaliation, a violation of Chapter 601A..11, and therefore necessary for her attorneys' action. Since the subject matter of the temporary injunctive suit and the grievable issue were the same as the complaint before the_ Iowa Civil Rights Commission BEST' DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S 1101flES ■ W -.12- and pursued concurrently it .is fair and cit.,il.able Lhat Lhc time expended on same should be included Ln the computation of any attorney fee award. Drew v. Liberty Mutual Insurance Co. 480 F'.2d 69 (5th Cir. 1973) cert. den. 417 6.5.935 held that in cascs in which irreparable injury is shown and likelihood of ultimate success has been established, the individual emp.loyce may bring her own suit Lo InainLain the staLus quo pending admLnistrative action and an award for attrneys' fees is appropriate. The Court quoted with approval from Notre, Dcvclof,ments in the laity -- i i Employment Discrimination in Title VII of the Civil Rights Act � of 1964, 84 Harvard L. Rev. 1109,1257 (1971). "...it would seem that if a court has the power to grant a preliminary injunction when the final decision authority is an administrative body, a , fortiori it should have the power to award such j relief when it must only defer to the agency for a period of attempted conciliation and the final decision authority rests with the Court. Indeed, such an injunction might be ccnLral to preserve the Court's ability to later order meaningful relief." The United States Court of Appeals, District of Columbia faced a. similar situation where they held that a federal employee who prevailed in a job bias complaint was entitled to reasonable attorney's fees including fees for the work done on a suit at the administrative level*and for work done on a prior suit brought under the Administrative Procedure Act pertaining to the same discriminatory event. The Court found that the attorney's fees clause of 'Title VII includes the awarding of fees for a vital and closely related non -Title VII action. Kulkarn.i v. Alexander 18 LPD 8644 (.1978). The Complainant's first suit was held not actionable under 'Title VII but only under the Administrativo Procedure Act. The analogy here is that Complainant Eaton's i suit was not initiated under the.Chapter 601A but was actionable under Iowa Rule of Civil Procedure 320. In BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .'IOINES i KU lkilrn i, UIC Court Said: "The remaining issue is whethar Lhc• fee ativrd if] this action can also Lake into considrroLA(1n the led;tl work, donor at. Lhe admini:ilrativa lcvul and in the fir:;t. suiL, C.A.No.76--347. The answer mu:;t b(' aEfirmatiVc!_ the award can and should cover all INA. work, up to now, which was reasonably appropriate to the end- result. It is settled in this circuit: that, iE tha employee prevails, the attorney's compensation award Properly includes legal services rendered at the administrative level before (or alter) filing of the court complaint under Title VII. (citing P_UrlSCL. Foster, supra) The court has also indicated coverage for legal services performed in prior court litigation pertaining to the same discrimination claim (such as the first suit here). See Grubbs v. Butz, supra, U.S. App, D.C. upra, at 22, 548 F.2d at 977. t•!c think it irtunaterial in this instance that the first suit was held notsustainable under Title VII but only under the Administrative Procedure Act. The holdinq Of the first suit--in which appellant clearly prcvriilerl in a significant-. way--is a necessary pre di.cate for ,i l,trq,r part- of his claim in the present action and, as this opinion shows, furnishes a vey iugiorLttnL raa:;on why he prevails now. •Though the fee provision of. Title VII ... authorizes, an award of fees in a court suit only .if that litigation in brought under Title VII (as is the present action) the literal terms of I that clause do not I preclude consideration the award of: services renderedinsonclosely itol setting i integrally connected a prior non-Title VII casedas the first suit here. The purpose of 'Title VII to t encourage and abet vindication by covered employees (including federal employees) of their rights against discrimination calls for such a broad, liberal, and sensible reading of the fee provision. w Parkrc, suCiting pra." fIn analogous Si Luationsattorney Lime spent on collatara] proceed.incir; ha:; been included in an ILI.ornoy Cee award, When I it TiLle VIL complaint was r.esOl.ved at the state: Civil Rights i I Commission hearing level the Federal Court hats entertained suit for aLtorney's fees and awarded them. C,'� V, A0 YOrhSss1z-1, 9J1.t C11t}z 47 U.S.L.W. 2747 (1979)'. Or, .in a Title VII action, time spent by an attorney enforcing a consent decree is includable in an attorney fee award. Rates v. PacifJc Mar.it_iin� �;it_n•., 19 BPD 9132 W.C. Calif. 1779) . In Iotaa, an award of atLorney'., CcOS to part-Acs who benefited Erom the settlement of it car;c wa hold propuc where the statute provided that "reanonabla ,iLtorney's fort; shall be paid." IlcLJth v. Mason Cit and _y _ Furl- Dodge R. Co. 94 NW 467 (1903). Further, federal employees who prevail on BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -14- their employment discr.iminaLion complainl.:; I]cEorc the Civil Service Commission may be granted aLt.ornuyS' fees under Title VII. Fisher. v. Adams 572 F.2d 406 Cir. 1978). Und r Title VII the District Court can granL fees to prevailing parties for work done on the administrative as well as Court Level. Johnson_, supra; Parker-Y. Califano 182 U.S. App. D.C. 37.2, I 561 F.2d 320 (1977); Foster v. Uoorsten 561 F.2d 340 (D.C. Cir. 1977) . In the: instnat: matter the Respondent's counsel acknowledged the District- Court action covered the same facL situaLion as Lhe i Complaint before the Iowa Civil Rights Conmrission (T. 11) and i j that people named as defendants in the District Court suit "have a direct interest" in this administrative agency complaint. i (T. 10) . C. TIME SPENT ON THE ATTORNEY FEE ISSUE Included in Exhibit5lis time spent on the compilation of ithe bill, the research time on the issue of the Payment of attorney fees and hearing time addressing than issue. Time reasonabiy necessary to obtain a reasonable fee should be i included in tho fee award. 11onndin.i v. National 111ca Co. 18 EPU 5194 (3rd cir. 1978) ;;Cates that: ' Ij I "StatuLurarily authorized fees are not paid out of Lhe plaiu,.if:f's recovery and the attorney in socking his fee is not acting in any sense adversely to the plaintiff's intcrc:;t. Hence,. the time expended by attorneys in obtaining a j reasonable fee is justifiably included in the attorneys' fee application and in the court's fee award." id. TIMI•; EXPENDED ON FACT INVESTIGA'CION AND AT THE ADMINISTRATIVE AGENCY LEVL•'1 Chapter 601A, a:; does 'Title VII and other stale civil rights statutes, Outlines a schume for setLlcmcnt of discrimination allegations through the adminisLcative agency I structure before a Complainant goes to Court. Restricting BEST DOCUMENT AVAILABLE I AI1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01HES M i 9E7M an award of attorney Lecs to time: spent only in Court: would hamper the legislative intent for informal resolution of these cases outside of the judicial system. It would have the anamolous result of having complainants pay their attorneys' fees if the case were settled at the state administrative agency hearing level but not pay attorney foes if the Complainant had to go to Court. ...parties and attorneys would be Less likely to try and diligently to resolve claims at the administrative level knowing that they can only recover fees once they get to federal court." Carey v. New York Gaslight Club, Inc. 47 U.S.L.W. 2747 (2nd Cir. 1979). Further, the Iowa statute clearly gives the authority to award attorneys' fees to the administrative agency for Complainants and to the District Court for Respondents. e. CUSTOMARY FE1-:S CHARGRD IN THE COMMUNTTY ExhibiL50 aLtc:;L:: to Lhe f.ilclthat: in Iowa City, Iowa forty dollar:: ($40) .is a usual and customary hourly fce for an attorney. Further., affidavits of complainant's counsel attest that this rate is a common one in their. practice. In Re Dohner's Estate 398 N.W. 656 (Iowa, 1941)(aLtorneys may testify themselves as to the value of their services or may use qualified witnesses). To avoid penalizing attorneys who are willing to work on civil rights cases, any diminuat:ion of this hoursly feet: should be explained with particularity. Sen .9. 1=.9EJC, suura. Further, the attorneys herein for Complainant have demonstrated their past and continued interest in civil rights litigation by their community involvement in legal education talks for the general public on civil rights, the expenditure of time and monies for continuing legal education in civil rights and their representation of civil rights claims within the possibilities BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES a3�5 i r •-hs- 1�. Of a general practice in Iowa City. f. RESULTS OBTAINED The consideration of results obtained as a factor in the case is an attempt to reach a general conclusion cuncerning risk. As a practical matter, one looks at lhn care from the perspective of a reasonable attorney's evaluation of the case at its inception and its likelihood for success. Burger, supra, reconunends: "If, viewed from the perspective of a reasonable attorney looking at the case from its outset, success was virtually assured, there has been no significant risk and there should be no adjustment. If the Conrt con- cludes that success was more likely than not at the outset, an .increase in the fee award in the range of 5001, would be appropriate. Where the court concludes that the chances for success was about even at the outset an increase in the hourly rate in the range of 100% appears l appropriate. Finally, if the case appeared unlikely Lo succeed when initiated, an increase in the basic hourly rate of up to 200% may be justified to compensate the attorney for the substantial risk undertaken'.' at 326 I The question herein is whether a reasonable attorney presented with the case on or about January 22, 1979 would feel that he/she: could be successful in allowing an unmarried female firefighter to breastfeed her infant sone at the firehour.e. It seems alsmost certain that I any reasonable aLtornoy would con:;ider this: a high i risk case. If. the above calculus of Berger is accepted a 200% increase in the hourly fee herein wou19 result in an hourly raLc of: $120.00. Bachman v. PortSChUk 19 EPD 9044 (D.C.D.C, 1979) (Reviews hourly rates for attorneys in Title VII cases in the District of Columbia circuit). While on the face it may appear a .large hourly rate it is nothing more than a recognition of the many unique and unusual facts: which crr_atcd ,1 high risk liliclation ca::o in civil rights law. BEST DOCUMENT AVAILABLt r, - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES i -17- If the percentage increases above are deemed to overstate the value of an attorney fee hourly rate for this kind of case in Iowa, it is still appropriate to allow some percentage increase as a recognition of the risk of the litigation. g. THE NOVELTY AND DIFFICULTY OF THE QUESTIONS INVOLVED To the best knowledge of counsel of Complainant this is the first case attempting to adjudicate the .interests of a breastfeed -in-, mother who is a f.iref-.ighter4 however, more unique may be the procedure utilized by Complainant's attorney of relying upon the traditional equitable power of --the District Court concurrent with using the statutory remedies of Chapter 601A. To the knowledge of Complainant's counsel this is the first case which used the combination of the State District Court equitable power and the jurisdiction of a State Civil Rights Agency to obtain, expeditiously, temporary injunctive relief for the Complainant while the case in chief moved forward through the administrative agency. Also, as indicated in L•'xhibiC It Complainant's counsel had to spend significant time educating themselves on the issue of lactation and its compatibility with the unique occupational demands of being a firefighter. Finally, the amendments to Chapter 601A effective January 1, 1979, including an entirely new remedial action section presented issues of first impression for adjudication. h. THE SKILL REQUISITE TO PERFORM THE LEGAL SERVICES Complainant's counsel in this action were called upon to demonstrate legal knowledge of the State's Civil Rights 4. Pcnderarass v. Toombs, 546 P. 2d 1103 (Ct. App. Ore., 1976) (Incarcerated felon, filed habeas corpus action asking for release to breastfeed her child denied, but Court stated: "...breastfeeding is a constitutional right and ...in the unlikely event that a governmental unit would attempt to interfere with breast feeding by a free citizen, the action would un- doubtedly be held to be unconstitutional" i BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S t10111ES ■ i PcdoraI Civil Iti(IhL:; .taw ;Ind St.nLe and I•odor<iI procedur.:a curd con:;Litutional. provisions to devise an apprupr.ial.(: 1ery,11 mechanism t:o al Low Complainant- to breastfeed her child aL work while pursuing her discrimination claim. During the course of their representation, counsel for Complainant were involved in many hours of mediation and negotiation, court room representation and administrative hearing repre- are sentation. While some of these/skills traditionally used by any attorney in general practice, their application to the unique facts of this case and in the civil rights area in general rf:q.uLrcd a degree of thnughL' and croat.iviCy .lacking in many ocher kinds of actions. I. THE ACCEPTANCE OE' TIIE PARTICULAR EI4p1.,OYMKNT AND PRI?CL,USJON OF OTHER EMPLOYMENT BY THE LAWYER. As indicated in their affidavits Complainant's counsel are a two member law firm in practice for under three years when this case was accepted. Counsels' affidavits attest to i the fact of their diminished ability to accept other employment because of the press of time of this matter. Nor has their I i representation attracted any significant now employment. I i J. TIIE AMOUNT INVOLVED AND THE RESUI,TS 0STA1NED As noted by Herger, ;n)pra, because (.here is little money involved in a civil rights claim the award for attorneys' fees should not be diminished. What- is the value of being able to do one's job in an atmosphere free of discrimination? What is the value of being able to operate in the employment j context free from retaliation by an employer? Because of the i nature of issues confronted in civil rights litigation the use of the dollar amount of any damage award as a measure of the I attorney fee damage .is peculiarly inappropriate. Herein, the client has indicated a deep commitment to breast.r.eeding w}iiln maintaining her unique employment status as a firefighter. i TIEgT DC)GU:YI IsN'r kyML.A_BLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ItO RIES I.. • -19- Counsel for Complainant were successful in meeting this client goal. K. THE TIME LIMITATION IMPOSED BY THE CLIENT AND/OR BY THE CIRCUMSTANCES. As indicated by Exhlbit 52 attorneys for the Complainant accepted this case on January 21, 1979 and within five days i had received District Court InjuncL.ive relief for the client to maintain her breastfeeding and work schedule For a client who was undor the threat of imminent termination and had already been suspended from her job the promptness of the i result can only be labeled stunning. The Lime limitations i 1 imposed by the client and the circumstances of the case i I necessitated Complainant's counsel effectively being on duty on this case around the clock for ten consecutive days when the case was first acquired and for intense significant i periods during the pendency of the litigation. i L. THE NATURE AND LENGTH OF THE PROFESSIONAL, RL'LATIONSHIP i wI'i'LI THE CLIENT � As indicated in ExhibitC52 Complainant's counsel first - had an attorney client relationship with the Complainant on January 22, 1979 and met with Complainant p periodically I throughout the litigation to "debrief" the Complainant as to her job conditions. The necessity for this and the increased time resulting was necessary due to the harrassment, retaliation and difficulty of the working conditions imposed by the Respondent. It should be remembered that every day, week and month of this litigation the Complainant- was performing an activity which the Respondent deemed unusual if not bizarre: breastfeeding her son at work. As indicated from Exhibit R22 the Respondent kept the ComplainanL under virtual daily scrutiny. In an attempt to understand, evaluate and cop(, with this situation it was necessary for Complainant's counsel �•JBE ST' DOCUMENT '��EABIJ; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10111ES -20- Lo meet with her frequently. These s0ssi01':: were done by only one attorney. NI. THE EXPERIENCE, REPUTATION AND ABILITY OF '1'IIE LAWYER OR LAWYERS PERFORMING THE SERVICES. Counsel 'Affidavit explains in detail these factors as perreived by Complainant's counsel. Since each counsel has only been practicing for three years, information was provided about their actions prior to their membership in the Bar and their continuing involvement with civil rights as well as information about their general law practice. N. WHETHER THE FEE IS FIXED OR CONTINGENT There is general recognition that competent counsel cannot be attracted to difficult contingent cases for hourly rates. Virtually no court has suggested that anti-trust fees, for example, should be limited to prevailing counsel ordinary rates. Arenson v.Floard of Trade of._ Cilv of Chicago 372 F.S. 1349,1359 (N.D. Illinois 1974) (lead counsel awarded $400 per hour). Most courts which have compensated for a contingency factor have done so by multiplying the standard hourly rate or giving: a fixed bonus. AERiLr0D v, hoard of_ EdUQAtio�pfyl.CMi1l9haIn, C.A. No. 9678, N.D. Alabama, Sop t. 14, 1976) ($60.00 per hour average for period of 1973-76, with 15% qugmentat.ion). Finally, if Complainant receives some but not all remedial actions sought she should still be awarded attorney fees. Brown v. Boorstcin supra; NAACP V. Bell 448 F.S. 1164 (D.D.C. 1978); Firebird society v. Members•of Board of Fire Comm. 433 F.S. 752 (D.C. Conn. 1976) affd. 556 F.2d 642 (2nd Cir. 1977); Grubbs v. Butz, 548 F.2d 973 (1976); Schaeffer v. San Diego Yellow Cabs Inc 462 P.2d 1002,1008 (9th Cir. 1972). BEST DOCUMENT AVAILAnl,E II1CROFIEMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES _21 CONCLUSION" For the reasons advanced gprn an award of attorney fees should be made to Complainant under a standard that absent special circumstances a Complainant should ordinarily be awarded reasonable aLtornay fees under Chapter 601A.15(8)(a)(8). Further, that ho:ppecial circumstances have been demonstrated and an award of reasonable attorney fees is appropriate remedial action pursuant to Chapter 601A. 15 (8) (a) . BEST rjOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES M r... CCRTIFICriTE OF S. �,VICk ihounder►Ipne4 arhlin that the luepoing insuu.nenr W Mem qUk W Ovum to Ma above cause by Mew on Nraal M tlta Umad slates Man. N=maddFMmd (a each of [heal. Wmpalt� 1011 rasa addresses aloM 111a 46 19 BUST DOCUMENT AVAILABLE Respectfully submitted, IOWA CIVIL RIGHTS COMMISSION 'I'IIOMA,S�d�"NfILI.,I•;12 �._ At rney Gonaral of I w�r BY: _ Victor Herrin Assistant Attorney ene Civil Rights Division 507 10th Street Des Moines, Iowa 50309 (515) 281-4482 elan zz 'v\_1 Clara Oleson Attorney for Complainant Eaton Oleson & Eikleberry Suite 6, Paul -Helen Building Iowa City, Iowa 52240 (319) 354-4056 eberry /Attorney for Complainant Ea�t� Oleson &-Eikleberry Suite 6, Paul -Helen Building Iowa City, Iowa 52240 (319) 354-4056 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tl01flES "I CkOF ILklfL .9 - JORM MICROLAB City of Iowa City MEMORANDUM DATE: December 14, 1979 i0: City Council FROM; City Manager RE: Informal Agendas and Meeting Schedule December 17, 1979 Monday 1:00 - 5:15 P.M. NOTE CHANGE IN STARTING TIME 1:00 P.M. - Council agenda, Council time, Council committee reports 1:30 P.M. - Streetscape Phase II -B 2:15 P.M. - Review Senior Center Plans and Specifications - Senior Center Staff 2:45 P.M. - Preliminary CIP Presentation - Staff 4:15 P.M. - Budget Projections - Finance Director 4:45 P.M. - Executive Session - Collective Bargaining 5:00 P.M. - Consider appointments to Human Rights Commission December 18, 1979 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers ? December 20, 1979 Thursda 7:30 P.M. - Special Informal Council Meeting - Conference Room (518 and executive session - collective bargaining) December 22, 1979 Saturday 8:00 A.M. - Council Legislative Committee meeting with Area Legislators - Highlander Inn December 24, 1979 Mondav No informal Council Meeting December 25, 1979 Tuesda No formal Council Meeting - HERRY CHRISTMAS! ? December 26, 1979 Wednesday 7:30 P.M. - Special Informal Council fleeting - Conference Room December 31, 1979 Monday No informal Council Meeting January 1, 1980 Tuesda No formal Council Meeting - HAPPY NEW YEARI January 2, 1980 Wednesday 11:50 A.M. - Organizational Meeting - Council Chambers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES II0E7IES City Council December 14, 1979 Page 2 PENDING ITEMS Northside Study Area Transportation Study Airport Commission Funding Request Undergrounding of Services in CBD Spruce Street Drainage Problem Appointment to Resources Conservation Commission - January 8 Appointment to Committee on Community Needs - January 15 Meeting with Board of Adjustment/Staff Human Services Requests - January 3 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIm ES E r City of Iowa City MEMORANDUM DATE: December 14, 1979 TO: City Council pRW; City Manager RE: Informal Agendas and Meeting Schedule December 17, 1979 Monday 1:00 - 5:15 P.M. NOTE CHANGE IN STARTING TIME 1:00 P.M. - Council agenda, Council time, Council committee reports 1:30 P.M. - Streetscaoe Phase II -B 2:15 P.M. - Review Senior Center Plans and Specifications - Senior Center Staff 2:45 P.M. - Preliminary CIP Presentation - Staff 4:15 P.M. - Budget Projections - Finance Director 4:45 P.M. - Executive Session - Collective Bargaining 5:00 P.M. - Consider appointments to Human Rights Commission December 18, 1979 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers ? December 20, 1979 Thursday 7:30 P.M. - Special Informal Council Meeting - Conference Room (518 and executive session - collective bargaining) December 22, 1979 Saturday 8:00 A.M. - Council Legislative Committee meeting with Area Legislators - Highlander Inn December 24, 1979 Monday No informal Council Meeting December 25, 1979 Tuesday No formal Council Meeting -MERRY CHRISTMAS! ? December 26, 1979 Wednesday 7:30 P.M. - Special Informal Council lieeting - Conference Room December 31, 1979 Monday No informal Council Meeting January 1, 1980 Tuesday No formal Council Meeting - HAPPY NEW YEAR! January 2, 1980 Wednesday 11:50 A.M. - Organizational Meeting - Council Chambers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES Ho1nES k, City Council December 14, 1979 Page 2 PENDING ITEMS Northside Study Area Transportation Study Airport Commission Funding Request Undergrounding of Services in CBD Spruce Street Drainage Problem Appointment to Resources Conservation Commission - January 8 Appointment to Committee on Community Needs - January 15 Meeting with Board of Adjustment/Staff Human Services Requests - January 8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111[5 11 1 �Z9 INFORMAL COUNCIL DISCUSSION DECEMBER 17, 1979 INFORMAL COUNCIL DISCUSSION: December 17, 1979, 1;10 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Roberts, Perret, Vevera, Councilmember-elect Lynch. Absent: Erdahl, Neuhauser. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Others present for certain discussions, as noted. TAPE-RECORDED: Reel A79-29, Side 2, 933 -End, and Reel H79-31, Side 1, 1-1150. AGENDA AND COUNCIL BUSINESS 993-1823 1. Balmer questioned intent of memo from Traffic Engr. Brachtel re street light attlover/Friendship. City Mgr. Berlin explained the present policy. There would be the same number of lights but at different locations. He agreed that the residents should be notified, and advised that Northside residents had presented a petition requesting changes in their area at the Revenue Sharing hearing. A memo regarding this hearing will be received by Council next week. Lynch asked for a memo from the Police Chief re lighting or alternatives to solve assault problems. Discussion will be scheduled for an informal meeting. 2. Item #15, contract with Kelly Security in the Block 84 Parking Ramp was questioned. How many people will be hired, hours? Berlin stated that the staff did not want to advertise hours, and a trained policeman was not necessary. The car is necessary and is the small vehicle assigned to parking systems during the day. Contract will be amended to provide for one guard only. There were no Council objections. 3. Regarding memo from Plastino/Vitosh concerning the hiring of an Asst. Transit Mgr., Berlin advised that no decision on the routes was necessary Tues. nite, but if there was no objection, staff would like to proceed with installing the signs and advertising the position immediately. 4. Perret called attention to memo from Mose on FY81 Transit Assistance Mose advised that DOT is receiving negative responses from all over Iowa, and asked that the area legislators get input from Council - members. This will be added to the agenda for Saturday's meeting. 5. Item N16, Ordinance and memo from Showalter regarding division of cemetery/park property. The property was purchased with cemetery bonds, only 5 of the 80 acres is suitable for cemetery use. If land is given to the park, it can be given back for cemetery use if needed. Legal description of park needs to be resolved for grant regarding shelter at park. Lynch obsorved that the need had not been shown for a change from cemetery tG park. Berlin will check to see if the State will accept the present boundaries. 6. City Clerk Stolfus requested addition of Resolution approving Sunday Sales Liquor Permit for Yen Ching, 1515 Mall Drive to the Consent Calendar. 7. Berlin reported on the problems concerning the cemetery wall, and the request from citizens for a sidewalk for safety of school children. It was noted that consultant Noel Willis had studied the problem & reported previously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES _..' Page 2 Informal Council December 17, 1979 Kucharzak explained use of CDBG 5th year funding for housing rehab in renter -occupied properties, under '312' program. Present and proposed projects were noted. There is a one-person staff, and the program will end June 30, 1980, if possible. STREETSCAPE IMPROVEMENT PROGRAM, PHASE II -B Hencin, Chiat, consultant Leaman, Poupe ka; Gibson & Mossman for Univ.; Dietz Berlin advised that the consultant would make a presenk'.ation, and staff is seeking permission to go out to bid. Leaman called attert;o;i to the memo regarding the construction schedule and budget summary. Poupelka explained the concept, & gave an overview of why things are the way they are, outlined the coordination with the University, and answered questions. Bus shelters will be placed in the median strip. During Mall opening hours, riders can wait there. Gibson stated that the University opposes bus shelters along the Pentacrest, as they are not architecturally compatible with the historic register designation of the Pentacrest. City Mgr. & staff are negotiating with University representatives regarding sharing costs of amenities, benches, new cable as a result of River Corridor Sewer project. Concern was expressed by Councilmembers over the higher cost of the benches the University wants to install. A majority of Councilmembers were agreeable to preparation of the bid proposal as discussed. SENIOR CENTER PLANS AND SPECIFICATIONS Miller, Showalter, Benz, Hencin, & Consult—an—tBITI Nowysz. 2764-ENd City Manager Berlin stated that staff needed a decision to proceed to the bidding stage. Roberts suggested that hiring of a consultant for cost estimate was unusual. Nowysz reimbursed the City for Tape 79-31 Side 1, the fee. (This process was used in Library project, also.) Alternatives were discussed, and will be left in 1-500 the bid proposal. Balmer expressed concern in tearing out sidewalk just installed on the Washington St. side, for on -grade access. Other entrances were pointed out. An alternative for q4, painting, is cloth -back vinyl sheet. An historical grant has been applied for, and will be used for replacement of windows. In funding, it is possible for the $35,000 from Ecumenical Housing to go into the General Fund and then $248,400 will be needed to balance with CDBG funds. Space for offices was discussed. Berlin advised that the Space Colmnittee will be coming up with alternatives. The Center will have a 50 yr. life expectancy, and is designed as a low maintenance building. Nowysz advised that there is no grant available for solar energy. After discussion of roof repair, the consultant will look into the new type of roofing. There was Council consensus to move ahead on the bidding schedule. DEFERRAL OF CAPITAL IMPROVEMENTS PROGRAM PRESENTATION City Mgr. er in advise that the CIP presentat o would be moved to 7:30 PM Thursday, December 20th, along with the discussion on Freeway 518. And discussion of collective bargaining would be rescheduled for Dec. 26th. BUDGET PROJECTIONS Vitosh, Jones present 5004150 Memo in 12/14 pac et noted. Funding of housing inspection discussed. State law mandates inspection every year, legislators could change it. Program is almost self-supporting, not counting minimum housing inspection. Concern was expressed over costs of maintenance of Senior Center. Some costs will be one- time expense. Staff will meet with County to discuss participation in operating costs. If health & life ins. costs are moved out of the general fund, it would raise taxes. $800,000 shortage of funding discussed. Berlin noted that MICROFILMED BY JORM MICROLAB EEnAR RAPIDS -DCS 'IOImES , Informal Council Page 3 December 17, 1979 there will be several options, and mechanisms within the budget to cut and paste, or face the music and make decisions. Mayor Vevera stated that he sensed a consensus to not put off till next year what is bound to happen. Berlin noted that Councilmembers are going to tell their problems to the legislators. EXECUTIVE SESSION i Moved by Perret, seconded by Vevera to adjourn to executive session for discussion of collective bargaining under Sec. 9.3, 4:45 P.M. Affirmative roll call vote unanimous, 4/0, Neuhauser, Erdahl absent. Councilman - elect Lynch present. Staffinembers present: Berlin, Stolfus, Helling, Vitosh, Jones. Council discussed the AFSCME collective bargaining. Tape-recorded on Reel N16, Side 2, 1236-2224. Moved by Perret, seconded by Balmer to adjourn, 5:15 Ph1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES 1101NES fo NOTES: BENCH SUPpL/EO BY B£NCH MX(, CORP., MOOEL 8,0.' 2, OENCH FRAME d SUPPORTS C457 IRON, PAINTED 7t7 MATCH OBnUAM/N M27640 (RONCLAO RUST RBTAROO, BRONtFTONL S /(5ro 0. 3 ALL SLATS 2"r3' EXCAL/EUA 5AAOG PURFLQHEART� M/LLEO 3MOOTH W/TN EASS0 EDGES - 4. ACL BOLTS STA/NL5S5 STEEL, 'i ALL OLNCHES TO HAVE 5/)VGL.E ARMREST DETW"Al EACH 4=0' 3EG77/0N. G, SET ALL 9CNC14ES PLUMB � LEVEL (WHEN ON 5LOPE, MOUNT AT /7" AV&, NEldIM7,. �/ i :'iG�/rtA N .gC/1Giv FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DESS FIOINES `- 07 IRON SVPPORT3 (7-y MI:.k,VILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIDIDES STEEL ANµOQ "I"S (NOT /NCL,) ' �•:'i �••►.: V:.:••••►'�• _ ;'y"!„' �:..:.. ..9• SH/^I£i FOR LEV /NG, EL ,►• v..,. —.r:.' ' ' (NOT /N - SLAa ' `t,i �•'e7 i. +poi.{+��:•i.v...i�•i;: i., •n ANCHORAGE DETAIL MI:.k,VILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIDIDES NIcKINLEY ENCLOSED WALKWAYS CENTRAL LIBRARY ADDITION. TAMPA, FL Architect: McElvey, Jenneivein, Stelany 8 Howard, Inc. Contractor: Peter Brown Co., Inc., Clearwater, FL EUCLID PEDESTRIAN BRIDGE, ST. LOUIS, MO Architect: Eugene J. Mackey, III, Inc. Contractor: Albers Construction Co. FIRST NATIONAL BANK, CLINTON, IA Architect: Expression, Inc. Contractor: O. Jorgensen 8 Sons Construction Co., Inc. MEMORIAL HOSPITAL. CLARKSVILLE. TN Architect: Hibbs and Johnson Contractor: James W. Harris Building Contractor Phone collect or write for full information. o. o. MCKINLEY co., Inc. P.O. Box 55265 • Indianapolis, IN 46205 Telephone (917) 546.1578 q "ICROFILMED 0'r JORM MICROLAB _ 1 Vim %• X\ �k 1 ag �'�ti� Market Square. Indianapolis, Indiana. Lincoln County High School. Lincoln County, Kentur The McKinley Company has specialized for over 30 years in the design and fabrication of unique products from all metals. While the practical and attractive walkways shown in this folder are typical of McKinley quality, products, they are but one of many kinds of architectural products from McKinley ... raneine from custom metal products to fascia, sun and weather control products and quality finishing. The McKinley Company is ready to serve your particular needs with experienced engineering consultation and help... call on McKinley. SPECIFICATIONS SCOPE: Furnish material. labor. and equipment to fabricate t.: aluminum and plastic elements of new enclosed passageway connecting the carious buildings of the complex. MANUFACTURER: THE ORMAN 0. AIcKINLEY CO.. INC. 4530 N. Kesslone Arc. Indianapolis, Indiana 46205 SHOP DRAR7NGS: Complete shop and erection drawings shall be pre- pared and submitted before fabricatiun. it EASUREJIENTS: Measurements of the concrete walkway .hall be taken in the field before finalizing erection drawines. General Contractor shall cooperate in holding the number of direction chances and grade changes to a minimum. WORKMANSHIP: Fabrication. finishing, and installation shall be first-class in every particular. AIATERIALSt All metal members are extruded aluminum, alloy 6163 -Ti, in shapes as detailed. Glazing panels shall be 1, " thick bronze tinted acrylic sheet (or as specified). GL•Izing gasket is to be closed -cell sponge neoprene. Fasteners shall be stainless steel: or plated steel. Painted, in. o. McKINLEY co. Inc FABRICATION: Main extruded "tee" shape shall be si:up fabricated into "bents- as detailed using cold -bending !echnigate so as not to destroy the finish. All other extruded aluminum members shall b^" fabricated (drilling. cutting, milling. etc.) prior to finishinu. Acp•lic sheets are to be cul -to -size in the shop. FINISHING: All aluminum shall be elven a chemical treatment consisting of an eight -step cleaning process and flonderite conversion. Following this, material shall be color -coated with •t flurocarbon polymer over a compatible primer. Color -coating shall be applied under controlled con- ditions by airless spray method. then fusion -cured in a comeyorized electric convection oven under precise temperature regulation. ERECTION: All installation shall be performed in first-class manner. Bents shall be spaced precisely according to the erection layout and shall be set plum and square with the walkway. Horizontal members shall be neatly and securely fastened in place. Acrylic sheet glazing panels shall be carefully glazed •into openings. the vault panels being cold - formed to conform to the curvature of the bents. Gasket must be continuoushapplied about perim- eler of acrylic sheet. 4530 N. Keystone Avenue Indianapolis, Indiana 46205 11.1-6 SAl PRIMED IN USA. FI ICROFIUIEO BY JORM MICROLAB Crone RAPI05.OEs t101R[s I 77edi-fieml. [,,, FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES NOTE: ALL EXPOSED METAL SURFACES TO ON PA/NTGO TO MATCH aE-"JAMIN MOORE /RONCLAO RUST RETAROO, bRONZETONG a /43/QO- •OCTAGON LANTERN hVW-33 W/TM SINGLE 2_50 W MERCt/RY VAPOR LAMP LAMPS BY 07'MZR5) 'CAST ALUM/NUM HOUSING WITH P -S PLEXIGLAS PANELS •GA57' IRON "EDGBWATER" ROLE GALL.AST /N POLO FOR ANCHOR OOL,T3 •ACCES•s DOOR /N POLE 4`CdVCRETE S/q�WgLK� P2 EXP,,sr RECESSFO WITH JOINT F/LL•Cq 4- 2" AM=NOR BOLTS CONOUI7'6V I2• MIN, OGPTH SIZE VA,R/BS ' :ONC R ETE FOOT/NG :OMPACTEO SUOSO/L Z-�� JOINT COUNCIL -BOARDS AND COMMISSIONS MEETING DECEMBER 13, 1979 JOINT MEETING WITH CHAIRPERSONS OF IOWA CITY BOARDS AND COMMISSIONS: December 13, 1979 at 3:30 P.M. at the Highlander. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Roberts, Perret, Vevera and Councilmember-elect Lynch. Absent, deProsse, Erdakl, Neuhauser. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Meeting not tape-recorded. F City Manager Berlin stated that each representative would discuss the accomplish- ments of the previous year, plans for the next year, and would advise if any assistance from Staff or Council was needed. Representatives of various Boards and Commissions present were as follows: Board of Appeals -Warren Buchan Broadband Telecommunications Comm. -Robert Pepper n Airport Commission -Dick Phipps A Senior Center Commission -Lawrence Carlton C Resources Conservation Comm. -Phil Hotka G Parks & Recreation Comm. -Bob Crum h Civil Service Commission - Jane Anderson Housing Commission -Diane Klaus 5 Human Rights Commission -Agnes Kuhn r' t1 Riverfront Commission -Bernadine Knight i Board of Zoning Adjustment -Jim Harris Committee on Community Needs -George Swisher t Board of Electrical Examiners -Ferrell Turner Design Review Committee -Annette Lilly Library Board of Trustees- Randall Bezanson { Planning & Zoning Commission -Richard Blum Meeting adjourned 6:30 PM. MICROFILM BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES INFORMAL COUNCIL DISCUSSION DECEMBER 20, 1979 INFORMAL COUNCIL DISCUSSION: December 20, 1979, 7:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Vevera, Roberts, Balmer, Perret, Lynch. Absent: Neuhauser, Erdahl (8:00 PM) STAFFMEMBERS PRESENT: Berlin, Helling, Stolfus, Vitosh, Jones, Dietz, Kraft, Miller, Keating, Showalter, Hayek. TAPE-RECORDED on Reel 79-31, Side 1, 1150 -End, and Reel 79-32, Side 1, 1-985. CAPITAL IMPROVEMENT PROJECTS PRESENTATION BY DEPARTMENT HEADS 1150 -End City Manager Berlin advised that there would be slides and continent for each project in addition to what what stated in the memo. Council needs to put the projects in three categories; 1) need, 2)in-between,and 3) no way. Any concerns regarding the projects should be mentioned, but Council was not to get bogged down in detail at this time. The extent of commitment by the Manager or Staff has not been listed. PUBLIC WORKS PROJECTS Plastino, Dietz present. Ralston -Creek Cannel Improvements, all funding from property tax. North -Branch Detention Structure, will need issuance of G. 0. Bonds to finalize un i Concern was expressed over funding for Improvements by bonding. South Branch Detention•^Dam-Scotf'Blvd. will go over the top of the dam. Plastino noE—ed•— ,that alternative program and costs would be presented for the Equipment .,Service,Buildin -Improvement Project, as they will use the Iow_a_-FFaTf-e-Gl ass Building Trom the Gilbert Street Project. Councilman Erdahl present, 8:00 P.M. ,,Transit -Service Increase/Facilities and Coaches -Timing for Federal funding wI s a us was Iscusse aff to explore scheduling meeting to discuss consolidation with Coralville and University bus systems. Consensus was to not fund in FY81. Bus�StopShheelters Cam Cardinal Road Brid a -Cost figures for a road South will be obtained by Staff. Councf iscussed assess- ment and de -annexation. Iowa 'Ave. Brid a/Burlin ton St. Bridge -Deterioration and inflation of costs were note —.Not much possibility of Federal funding. Benton/Riverside'Intersection=50/50 funding with State, when the State does ighway 1 pr Hoject. Me rose Ave. Corridor -Berlin stated that he had written to Univ. Pres. Boyd regarding t e new aw School proposed for adjacent to Melrose Ave. Dietz advised that Engineering Dept. has several projects scheduled for this year. City Share Extra Width Paving -Council can set width at 28' and not allow parking on the street. Consensus was to not fund. A memo to be sent to Planning and Zoning Comm., and need to change ordinance discussed. Dietz will send a memo clarifying procedure. Berlin stated that because of the length of discussions, all public works projects would be discussed, and the other department heads could leave, their presentations to be made on the 26th. Scott Boulevard -This project is ready for bid, the section from highway 6 to Muscatine, State officials advise that Scott will never connect to I-80. Alternative ways of funding the paving and acquisition of property were discussed. Berlin will contact BDi R Chamber of Commerce to see if they can assist in acquisition of one parcel. There will be no grade -separated railroad crossing. 157 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !101;;CS 1 Page 2 FREEWAY 518 Hayek, Kraft, Dietz, Plastino, Schmeiser present. Informal Council December 20, 1979 Berlin called attention to the letter from the Dept. of Transportation, and questions that had arisen from their discussion with DOT. The City has questioned if the access road from Melrose interchange, would it have to be a thru road, and would it be gravel? DOT is still exploring alternatives. Screening and sound barrier for Ty'n Cae was requested. Noise level would be equivalent to 70 decibels. The State would pave two lanes of reconstructed Mormon Trek relocated, between where our paving stops and where Mormon Trek relocated comes out on Highway 1, but does not want to put in curb 8 gutter. Staff would like to push this issue. The State will also put Rohret Road back in the same condition that it is now. The extension of the median on Melrose Ave. will be grassed, but no trees planted. The State will maintain local traffic during construction of Rohret Road. The City will provide right-of-way to the State at no cost if it is existing street, but not if it is park land. The State would have the responsibility for providing storm sewer on improved section of Mormon Trek, but City would then have maintenance responsibility. Storm water management on undeveloped land was discussed. No streetlights have been planned on Freeway at interchanges, State might consider at off Freeway onto Melrose Ave. area. After discussion, Council consensus was to have 2 lanes of relocated Mormon Trek paved, with curb and gutter. Also everyone agreed that there should be on/off ramp lights, and down the ramps. Staff will investigate cost of a bridge over the freeway for relocated Mormon Trek. If the City can determine where they want the sewer lines under the highway, the State will install them. The staff stated that the Council was interested in reaching a settlement if part of the settlement included DOT's commitment to reconstruction of Highway 1 and the intersection of Benton/Riverside. DOT will control access at Melrose within 300' of the intersection, and possibly within 600' of Highway 1. They will not spend highway road money to buy any more land. Staff thinks that the potential for commercial development is greater at Highway 1 than at Melrose, and recommends extend- ing the City limits a little beyond the Highway 1 interchange. It would be an involuntary annexation. Lynch owns land out there, but signed to agree to annex three years ago. Planning Dept. is doing an annexation study. Concerns were expressed regarding annexation. Tape 79-32 Side 1, 1-985 Concerning the sanitary:Aewer for the -County Home, estimated cost would be $109,000. To rebuild the lagoon is approximately $90,000. If the sewer is built, the City would have to let adjacent property owners hook onto it. The area would develop and the City would have to provide other services. A water line installation would be $100,000. There is enough land east of the freeway to build on for the next 75 years at the present rate of growth. Historically cities have development control only by provision of utilities. Roberts favored installation of sewer line for County Home. Council dis- cussed de -annexation of areas outside the blue line on the Comprehensive Plan. The majority of the Council did not want to extend sewer to the County home. City Atty. Hayek and City Mgr. Berlin will convey the above information to DOT. Council agreed to not ask for sewer conduit under the Freeway. The State will start acquisition of land during 1980. Meeting adjourned, 11:00 P.M. 471" - . . _^ MICROFILMED BY JORM MICROLAB CEDAR RAPIIS•�%r,. '10111ES _L_" S/ INFORMAL COUNCIL DISCUSSION DECEMBER 26, 1979 INFORMAL COUNCIL DISCUSSION: December 26, 1979, 7:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Lynch, Neuhauser, Perret, Roberts, Vevera. Absent: Erdahl. STAFFMEMBEP,S PRESENT: Berlin, Helling, Karr. Others present for certain discussions, as noted. TAPE-RECORDED: Reel N79-32, Side 1, 982 -End, and Side 2, 1-510. CAPITAL IMPROVEMENTS PROJECT Vitosh, Jones present for all CIP discussions. FIRE DEPARTMENT Chief Keating presented slides of Fire Department training sessions and urged Council to construct a training tower at a central location for such sessions. Keating said the price of $300,000 would vary depending on the options included in the tower. He also pointed out that the tower would be utilized year round if constructed close to the main station. Discussion centered on the necessity of such a tower and the price. Council felt more information was needed before a decision could be made. AMINAL SHELTER City Manager Berlin showed slides of larger shelters around the country. He pointed out that the existing shelter does not have enough room, is difficult to clean, and has poor lighting. Consensus was that an addition to the shelter would be more feasible than building a new building. FIRING RANGE City Manager Berlin pointed out that the police department currently has no place to practice. A joint venture (City, County, and Coralville) has been discussed in the Past, along with the possibility of someone donating the land for the range. Mayor Vavera offered free labor for constructing a block storage shed. Majority of the COLnCil wanted the joint venture explored. LOWER RALSTON CREEK Kraft presented slides of problem areas and the housing structures that will be acquired for the Small Cities Project. Over $1 million is left for the project from existing funds. Neuhauser questioned whether some structures will be moved to other locations or whether all will be torn down. Kraft said that each site will be evaluated and the decision will be up to the owner. Consensus was to proceed. RIVER CORRIDOR BUFFER Kraft said total price would be $255,000 and would provide a trail along the river for jogging and biking, as well as a buffer for existing debris. Funding is questionable from the standpoint of federal money available. Concern was expressed on how much City money would have to be provided to get matching federal money. BIKEWAYS ALONG ROCKY SHORE AND CITY PARK - Kraft said the project would cost between $165,000 and $180,000, with the cost for the first year estimated at $105,000. Money would be requested from the federal highway monies, Project Green, and Block Grant monies. Questions arose regarding Lhe need for an 8 ft. sidewalk vs. a 6 ft. Kraft said that the state would probably dictate the width of 8 ft. Consensus was to proceed if federal monies were available. PARKS AND RECREATION Showalter proposed five new park sites: 1) Near Willow Park. A park near the existing park would allow for Willow Park to return to a nature park. The new park would have large areas for recreational sports, i.e. soccer, baseball, etc. 2) Behind Cycle Shop off Benton Street. No park exists for residents living in the area, especially the apartments. Consensus was that this park should have a higher priority than the one near Willow Park. 3) Near Village Green and Sunrise Mobile Home Park. The proposed area is a storm water detention area. Consensus was MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONES ♦ _ } Informal Discussion December 26, 1979 Page 2 that this site should be explored. 4) Behind the new Hy -Vee store off Prairie du Chien Rd. This park would be small neighborhood park just off Caroline Ct. 5) Near the Foster Road extension was discussed for FY85. Showalter also discussed an addition to the Rec Center. Four additional handball courts could be added at a cost of $150,000, utilizing the same shower and locker rooms, as well as heating units, of the existing facility. Consensus was that such an addition could not be discussed until the land could be acquired from Rock Island Railroad. Showalter also pointed out several problems the 31 -year-old swimming pool in City Park was experiencing. A joint indoor pool was discussed with the City paying'!s and operating it in the summer months, and the School District picking up the rest. A referendum is needed for such a proposal. Mandatory park land dedication discussed. PUBLIC WORKS - continued from previous meeting. Plastino, Dietz present. LINN STREET---Plastino said an asphalt overlay and some curb work would be done in i982. ALLEY IMPROVEMENT PROJECT - Plastino said that six blocks were included in t.'e Central Business District Project. Two blocks would be done each year at a ..-,st of $20,000 per block. STREET SIGNS - Plastino said a request has been received for a light at the intersection of Iowa Avenue and Gilbert Street. Balmer expressed concern that lights were already installed on the intersections on either side. Perret said that minimally a stop sign should be installed. Plastino cited a request for a light at Dubuque and Church Streets. Consensus was that the light was badly needed. Plastino said the concern was expressed re the railroad crossing on Gilbert Street. For the railroad to install the flasing lights the cost would be $40,000, with the City paying 10%. WASTE WATER TREATMENT PLANT - Dietz said the cost has gone up from $36 millino to $57 million, but the City portion hasn't increased. The project cost had expanded but the federal government would pay all but the City portion of $12 milloin. Plastino pointed out that the old system did not meet EPA standards and had to be replaced. MISCELLANEOUS PROJECTS - Plastino mentioned several projects for future Alanning dministto rative offt e tank nRochester Avenue, water severalalternatlives ent area being explored), -- Civic Center Air -Conditioning and Heating System (Consultant put the cost at $195,000 dependent on several components), and Civic Center Roof Repair (estimated at $50,000). Use of the old Pollution Control site by University was discussed. EXECUTIVE SESSION Moved by Balmer, seconded by Perret, to adjourn to Executive Session for the purpose of discussing collective bargaining under Sec. 9.3, 10:05 P.M. Affirmative roll call vote unanimous, 6/0, Erdahl absent. Staffinembers FSCME, Plice, anFre collective Bbargainiing. Tape-recordedelling, Karr. onReel #16, Side the A1 #127-505. Movedlby Perret, seconded by Neuhauser, to adjourn Executive Session, 10:35 P.M. carried unanimously. Motion REGULAR SESSION Meeting returned to regular session for purposes of discussing problems with Council on Aging budget. Councilmember Lynch expressed concern re City budgets and staff cutbacks. Meeting adjourned 10:50 P.M. MICROFILM BY JORM MICROLAB CEnAR RAPIDS•DLS 1101BES I.,.' INFORMAL COUNCIL DISCUSSION DECEMBER 26, 1979 INFORMAL COUNCIL DISCUSSION: December 26, 1979, 7:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Lynch, Neuhauser, Perret, Roberts, Vevera. Absent: Erdahl. STAFFMEMBERS PRESENT: Berlin, Helling, Karr. Others present for certain discussions, as noted. TAPE-RECORDED: Reel #79-32, Side 1, 982 -End, and Side 2, 1-510. CAPITAL IMPROVEMENTS PROJECT Vitosh, Jones present for all CIP discussions. FIRE DEPARTMENT Chief Keating presented slides of Fire Department training sessions and urged Council to construct a training tower at a central location for such sessions. Keating said the price of $300,000 would vary depending on the options included in the tower. He also pointed out that the tower would be utilized year round if constructed close to the main station. Discussion centered on the necessity of such a tower and the price. Council felt more information was needed before a decision could be made. AMINAL SHELTER City Manager Berlin showed slides of larger shelters around the country. He pointed out that the existing shelter does not have enough room, is difficult to clean, and has poor lighting. Consensus was that an addition to the shelter would be more feasible than building a new building. FIRING RANGE City Manager Berlin pointed out that the police department currently has no place to practice. A joint venture (City, County, and Coralville) has been discussed in the past, along with the possibility of someone donating the land for the range. Mayor Vevera offered free labor for constructing a block storage shed. Majority of the Council wanted the joint venture explored. LOWER RALSTON CREEK Kraft presented slides of problem areas and the housing structures that will be acquired for the Small Cities Project. Over $1 million is left for the project from existing funds. Neuhauser questioned whether some structures will be moved to other locations or whether all will be torn down. Kraft said that each site will be evaluated and the decision will be up to the owner. Consensus was to proceed. RIVER CORRIDOR BUFFER Kraft said total price would be $255,000 and would provide a trail along the river for jogging and biking, as well as a buffer for existing debris. Funding is questionable from the standpoint of federal money available. Concern was expressed on how much City money would have to be provided to get matching federal money. BIKEWAYS ALONG ROCKY SHORE AND CITY PARK - Kraft said the project would cost between 165,000 and180,000, with the cost for the first year estimated at $105,000. Money would be requested from the federal highway monies, Project Green, and Block Grant monies. Questions arose regarding the need for an 8 ft. sidewalk vs, a 6 ft. Kraft said that the state would probably dictate the width of 8 ft. Consensus was to proceed if federal monies were available. PARKS AND RECREATION Showalter proposed five new park sites: 1) Near Willow Park. A park near the existing park would allow for Willow Park to return to a nature park. The new park would have large areas for recreational sports, i.e, soccer, baseball, etc. 2) Behind Cycle Shop off Benton Street. No park exists for residents living in the area, especially the apartments. Consensus was that this park should have a higher priority than the one near Willow Park. 3) Near Village Green and Sunrise Mobile Home Park. The proposed area is a storm water detention area. Consensus was 157 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE. MONIES Informal Discussion December 26, 1979 Page 2 that this site should be explored. 4) Behind the new Hy -Vee store off Prairie du Chien Rd. This park would be small neighborhood park just off Caroline Ct. 5) Near the Foster Road extension was discussed for FY85. Showalter also discussed an addition to the Rec Center. Four additional handball courts could be added at a cost of $150,000, utilizing the same shower and locker rooms, as well as heating units, of the existing facility. Consensus was that such an addition could not be discussed until the land could be acquired from Rock Island Railroad. Showalter also pointed out several problems the 31 -year-old swimming pool in City Park was experiencing. A joint indoor pool was discussed with the City paying ; and operating it in the summer months, and the School District picking up the rest. A referendum is needed for such a proposal. Mandatory park land dedication discussed. PUBLIC WORKS - continued from previous meeting. Plastino, Dietz present. LINN STREET - Plastino said an asphalt overlay and some curb work would be done in 1922. ALLEY IMPROVEMENT PROJECT - Plastino said that six blocks were included in the Central Business District Project. Two blocks would be done each year at a cost of $20,000 per block. STREET SIGNS - Plastino said a request has been received for a light at the intersection of Iowa Avenue and Gilbert Street. Balmer expressed concern that ligh'.s were already installed on the intersections on either side. Perret said that minimally a stop sign should be installed. Plastino cited a request for a light at Dubuque and Church Streets. Consensus was that the light was badly needed. Plastino said the concern was expressed re the railroad crossing on Gilbert j Street. For the railroad to install the flasing lights the cost would be $40,000, with the City paying 10%. WASTE WATER TREATMENT PLANT - Dietz said the cost has gone up from $36 millino to $57 m llion, but the City portion hasn't increased. The project cost had expanded but the federal government would pay all but the City i portion of $12 milloin. Plastino pointed out that the old system did not meet EPA standards and had to be replaced. MISCELLANEOUS PROJECTS - Plastino mentioned several projects for future planning -- storage tank on Rochester Avenue, -- water treatment plant, -- Administrative office space (Berlin said that several alternatives are being explored), -- Civic Center Air -Conditioning and Heating System (Consultant put the cost at $195,000 dependent on several components), and Civic Center Roof Repair (estimated at $50,000). Use of the old Pollution Control site by University was discussed. EXECUTIVE SESSION Moved by Belmer, seconded by Perret, to adjourn to Executive Session for the purpose of discussing collective bargaining under Sec. 9.3, 10:05 P.M. Affirmative roll call vote unanimous, 6/0, Erdahl absent. Staffinembers present: Berlin, Helling, Karr. Council discussed the AFSCME, Police, and Fire collective bargaining. Tape-recorded on Reel #16, Side 1, #127-50:,. Moved by Perret, seconded by Neuhauser, to adjourn Executive Session, 10:3b P.M. Motion carried unanimously. REGULAR SESSION Meeting returned to regular session for purposes of discussing problems with Council on Aging budget. Councilmember Lynch expressed concern re City budgets and staff cutbacks. Meeting adjourned 10:50 P.M. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 10 IVES CITY COUNCIL LEGISLATIVE COMMITTEE December 22, 1979 City Council Legislative Committee Meeting with Area Legislators, Highlander Inn, Saturday, December 22, 1979, 8:00 A.M. Members Present: Councilmember Perret i Members Absent: Councilmembers Balmer and Neuhauser i Staff Present: Neal Berlin, Dale Helling i j! Others Present: Sen. Small, Rep. Hibbs, Rep. Lloyd -Jones, Cathy Carlyle (KXIC) I No majority of committee present. There was general discussion of some agenda items among Perret, staff, and legislators present. i 1 JI I s 1 fc 7 ; l I i i { i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES