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HomeMy WebLinkAbout1988-08-09 Regular Meetinga R O L L C A L L Remalar MEETING OF Aueust 9 1988 ti 7:30 P.Nf. DICKSON HOROWITZ LARSON � Is MCDONALD ' STRAIT I — i F r JF )l � 1'r I 'o COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 9, 1988 Iowa City Council, reg. mtg., 8/9/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Helling, Boyle; Karr, Schmeiser, Boothroy, Schmadeke. Council minutes tape-recorded on Tape 88-45, Side 2, 656-1; 88-47, Sides 1 & 2, 1 -END; 88-48, Side 1, 1-535. The Mayor proclaimed August 19, 1988, as PARKER AND PARKING EMPLOYEES //53 APPRECIATION DAY, Parking Supervisor Joe Fowler accepted the proclamation; UNITED STATES CONSTITUTION RATIFICATION YEAR - 1988. //.5,/ Moved by Ambrisco, seconded by Strait, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 7/26/88, as published, subject to correction, as recommended by the City Clerk. //5s Minutes of Boards and Commissions: Sr. Center Comm. - 6/20/88;_//SG Airport Comm. - 6/21/88; Human Rights Comm. - 4/25/88; Police and//57 Fire Retirement Systems Bd. joint meeting - 6/28/88; Riverfront Comm. /_/ SP - 7/6/88, 7/13/88.1159 Permit Motions and Resolutions: Approving a Class C Liquor License for George's Buffet, Inc. dba George's Buffet, 312 Market//4,0 Street. Approving a Class C Liquor License for Billy's LTD. dba //G / Billy's, 819 -1st Ave. Approving a Class C Liquor License for Cedar River Pasta Company, Inc. dba Carlos O'Kelley's Mexican Cafe, 1411 S. //(-Z Waterfront. Approving a Class E Beer Permit for L&M Mighty Shop, 11(_3 Inc. dba L&M Mighty Shop, Inc. 504 E. Burlington Street. Approvinga Class C Liquor License for Senior Pablo's LTD. dba Senior Pablo 's//6`% LTD., 830 -1st Avenue. Approving a Class A Liquor License for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 2910//6.5_ Muscatine Avenue. RES. 88-170, Bk. 98, p. 170, ISSUING DANCING /� 6 G PERMIT. Approving a 14 -Day Class B Beer Permit for Iowa City Fall Fun Festival Inc. dba Iowa City Fall Fun Festival, 2150 Rochester//( 7 Avenue. Motions: Approving disbursements in the amount of $6,768,784.87 //G for the period of 6/1 thru 6/30/88, as recommended by the Finance Director, subject to audit. Correspondence: Hank Miguel, of the Iowa City Yacht Club,//e9 regarding requirements of Ord. 80-2989 which requires that sales of liquor or beer be 50 percent or less of total sales. Paul Dunlap//70 expressing opposition to the designation of a portion of Maiden Lane as an alley. Iowa Department of Natural Resources advising of plans //7/ to conduct three Toxic Cleanup Day Programs and soliciting cities to host the events. The Johnson County Health Department is currently putting together a bid for a Cleanup Day in the Iowa City area and has requested a letter of support from Iowa City. Letters expressing // 7.Z support of the sale by the City to Preucil School of Music of a r Minutes Council Activities August 9, 1988 Page 2 parcel of vacated street right-of-way to be used for parking; Mrs. Leslie C. Tyler, Helen Finken, Thomas Holmes and Holly Martin, Dan and Marcia Boyer, Gene Nugent, John P. Le Peau, Cecile and Ronald Owings, Lloyd John Luke, Nancy Conybeare, Barbara H. Yerkes, Jane and Fred Pampel, John S. Nelson, Dr. Michael and Linda Todd, Donald Macfarlane. Letters expressing opposition to the sale of property to Preucil School of Music from: Edna M. Shaller, Mrs. E.J. Schuppert, Mrs. Marian Gaffey, Mr. and Mrs. John Novotny, Kathryn Moos, Wendy Rayston, Clint Rayston, Nancy Hindes, Gertrude Englert, Irene //73 Royston. Memo from the Traffic Engr. re lane markings on Rochester i Avenue west of Elizabeth Street. Memo from the Civil Service Comm. //7s submitting certified lists of applicants for the following positions: //76 Civil Rights Coordinator; Firefighter/Fire Department; Senior Clerk //77 Typist/Pollution Control Division; Account Clerk/Treasury Division; //78 Parking Enforcement Attendant/Parking Systems Division; (PPT) //79 Cashier/Treasury Division; Housing Inspector/Housing and Inspection /1(L Services Department; Maintenance Worker III -Night Crew/Parking //P/ Systems Division; Cashier/Parking Systems Division; (PPT) Parking//,?.2 Enforcement Attendant/Parking Systems Division; Maintenance Worker"/,? -3 II-Towing/Parking Systems Division; Cashier/Treasury Division; Maintenance Worker II/Cemetery Division; Maintenance Worker_ II/Recreation; Maintenance Worker I/Streets Division; (PPT) //8G Maintenance Worker I-Towing/Parking Systems Division; Maintenance 7 Worker I/Central Business District. Applications for Use of Streets and Public Grounds - Tim Finer on behalf of the Chamber of Commerce to have the annual Bed Races on 9/16/88, approved. Mike and Mary Ann Wallace to have the Regina Fal Fun Festival Walk/Run on 9/3/88, approved. Applications for City Plaza Use Permits: Erica Kaisner and // 3 Craig Chesler to set up a table from which to distribute literature regarding environmental issues on 7/21/88, approved. Latin American //9°F Human Rights Advocacy Center to set up a table from which to distribute literature and offer crafts for donations on 7/25-31/88, //9 S approved. Susan Savva to set up a table from which to distribute literature regarding food irradiation on 7/28/88, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present The Mayor declared the motion carried. A public hearing was held on an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-way (Gay's Locker). No one-L/14— appeared. ne// 96appeared. Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance Minutes Council Activities August 9, 1988 Page 3 vacating a 3,778 square foot portion of Waterfront Drive right-of-way (Gay's Locker), be given second vote for passage. Affirmative roll call //9 7 vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to designate as an alley that portion of Maiden Lane between the south right-of-way line of Court //9P Street and the north right-of-way line of Harrison Street. John Rummelhart and Paul Dunlap, property owners in the area, appeared. PPD Director Schmeiser present for discussion. Council agreed to continue the public hearing to allow the property owners and staff to address questions raised and explore options prior to action. Moved by Ambrisco, seconded by Strait, to continue the public hearing to 9/6. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3388, Bk. 29, p. 30, TO REZONE A 1.808 ACRE TRACT LOCATED AT 1421 WATERFRONT DRIVE FROM CI -1 TO CC -2 (GAY'S LOCKER), be voted on for final 1" passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3389, Bk. 29, p. 31, TO AMEND THE ZONING ORDINANCE TO ALLOW FOOD LOCKERS IN THE COMMUNITY COMMERCIAL (CC -2) ZONE AS A PERMITTED USE (GAY'S LOCKER),/f00 be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Horowitz, that the ordinance to vacate a - o/ portion of Maiden Lane, be given second vote for passage. Council discussed possible options available if the vacation would be completed but the St. Patrick's school renovation project proposed by Mr. Chait would not proceed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3390, Bk. 29, p. 32, VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS, be passed and/20Z adopted. nd/2oZ adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Minutes Council Activities August 9, 1988 Page 4 Moved by Dickson, seconded by Courtney, to adopt RES. 88-171, Bk. 98, p. 171, APPROVING THE PRELIMINARY AND FINAL PLATS OF IMPERIAL COURT /� 0 3 INDUSTRIAL PARK, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a 4.615 acre, 11 -lot industrial subdivision proposed east of South Riverside Drive, across from the Municipal Airport. Ambrisco reiterated informal discussion regarding a concern by industrial neighbors in the area regarding the difficulty of large trucks turning onto Hwy. 218 without having to cross the center line and reported that staff and the developer have assured Council that the entire configuration of the lot will be changed and the problem eliminated. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-172, Bk. 98, p. 172, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR IOWA CITY READY MIX, INC., generally located east of /_0`f South Riverside Drive and south of Sturgis Ferry Park. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-173, Bk. 98, P. 173, APPROVING THE PRELIMINARY AND FINAL PLATS OF A RESUBDIVISION OF /ad -s GOVERNMENT LOT 4, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a S- lot, 3.37 acre commercial subdivision on Waterfront Drive. Horowitz noted the waiver by P&Z of a sidewalk along Waterfront Drive at this time and asked Council to consider carefully waiving the City responsibility. She stated her understanding that two things were taking place. One, that the City will be concerned about preparing a temporary sidewalk during the construction of the sludge force main, and secondly, that a sidewalk be put in after construction is completed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-174, Bk. 98, p. 174, SETTING FORTH THE REASONS FOR DENIAL OF THE REZONING REQUEST FORS 6 PROPERTY AT 1807, 1809, 1813, 1819, 1825 and 1831 LOWER MUSCATINE ROAD. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, to adopt RES. 88-175, Bk. 98, p. 175, EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLANS FOR LOTS 1 AND 6, BD /I - ) % SECOND ADDITION, for a period of 12 months. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to accept the recommendation of the Planning and Zoning Commission concerning a proposed County/ad,? rezoning of a 1.69 acre tract approximately one mile east of Iowa City from A-1 to RS. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Minutes Council Activities August 9, 1988 Page 5 A public hearing was held on a resolution authorizing conveyance by Quit Claim Deed of a portion of vacated street right-of-way adjacent to /.009 Horace Mann School to William and Doris Preucil. PPD Director Schmeiser presented a map of the area. The following people appeared: Atty. Clemens Erdahl, rep. Doris & Bill Preucil; Dr. Donald Macfarlane, Board President, Preucil School of Music; Dr. John MacIndoe, Horace Mann PTO; Nancy Hindes, 728 Fairchild; Illene Hollbrook, 430 Brown; Chuck Hindes, 728 Fairchild; Joy Smith, 523 E. Church; Nancy Macfarlane, teacher at Preucil School; Ralph Neuzil, rep. Mr. and Mrs. Bob Gaffey; Donald Dolezal, 512 Church; Mrs. Donald Dolezal, 512 Church; Tom Immerman, 412 Grandview Ct. Apts.; Gertrude Englert, 413 E. Church; Betty Maxwell, 521 Church; Cecile Owens, 2225 E. Court; Irene Royston, 511 N. Johnson; Herbert Wilson, Bd. of Directors, Preucil School. The Mayor announced that action would be taken on this request at the 8/23 Council meeting. Council recessed for ten minutes. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, a Chapter 28E agreement with the University of Iowa, 7/a providing for the development, use, occupancy, management, and operation of a University/City Parking and Chilled Water Facility and a Water Storage Facility, and providing for the City's conveyance to the University of certain interests in vacated portions of Bloomington and Capitol Streets, and in the Alleys in Block 100, Original Town Addition. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 88-176, Bk. 98, p. 176, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMENT WITH THE/a// UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. Horowitz commended the City Legal staff for the work done on the agreement. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, three power line easements in favor of Iowa -Illinois Gas and /v.:,_ Electric Company, all in connection with the City's acquisition of a plant access road for the South Wastewater Treatment Plant. No one appeared. Moved by Strait, seconded by Courtney, to adopt RES. 88-177, Bk. 98, p. 177, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE EASEMENTS IN FAVOR OF IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ALL IN CONNECTION. WITH THE -210 CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Council Activities August 9, 1988 Page 6 A public hearing was held on an ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisance," and by enacting in lieu thereof a new Article/ VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances. No one appeared. Moved by Courtney, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Dickson, Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Moved by Courtney, seconded by Strait, that the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisances," and by enacting in lieu thereof aj.;/.S new Article VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, to appoint Reginald Williams, 2312 Muscatine Avenue N4W, to the Housing Commission for an unexpired term /--?/6 ending 5/1/89. The Mayor declared the motion carried, 7/0, all Councilmembers present. Councilmember Horowitz reported that the East Central Council of Governments had supported the Council recommendation relative to the Jim /a/7 Glasgow application for fill for property off of Dubuque Street. Recommendations of the Riverfront Commission noted as follows: (1)tHd That the Gay's Locker subdivision and rezoning applications be approved. There were no riverfront-related objections to the proposed development. The Commission voiced a strong consensus that the development would upgrade the site and enhance the commercial neighborhood in which it is located. (2) That the approval of Idyllwild Development Plan as shown on the6/10/88 plat be approved. There were no riverfront-related objections to the proposed development. (3) That the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred, and force removal of the fill if it is found to be illegal. (4) That approval of the LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. (5) That, concerning the Glasgow application for fill and riprapping, the U.S. Army Corps of Engineers be formally requested to enforce the wetlands provision of Section 404, the Clean Water Act. Specifically, the Corps Minutes Council Activities August 9, 1988 Page 7 should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetland and restore those wetlands to previous conditions. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-178, Bk. 98, CONTR B,UTIONS CONTRACTMNO EKC 9033E (Dated 2-2-87) RYAffirmatiive rollNcall 3/ vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. John McDonald, Mayor Marian K. Karr, City Clerk 9 City of Iowa City MEMORANDUM DATE: July 27, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager a. Vacation a o b. Streamlining the Housing Rehabilitation Program iaai c. Attached Letter from Jeffery Smith Memorandum from the Director of Parks and Recreation regarding department T-shirt i t53 Invitation from Iowa City Policemen's Association to the annual Benefit Dance on Friday, August 19, 1988. as "I Calendar for August 1988. i i i i City of Iowa City MEMORANDUM I July 29, 1988 TO: City Council (Memo for Record) FROM: City Manager RE: Material Sent to Council Only Memorandum from the City Manager regarding Miller -Orchard Neighborhood. Copy of letter from the City Manager to Karen Hradek and Karen Kubby regarding the Miller/Orchard neighborhood and the Benton Street Project Memorandum from the Senior Planner regarding notification of area property owners for land development projects. Copy of letter from the Department of Housing and Urban Development regarding the Cedarwood Apartments. Memo from City Atty. re University/City Chapter 28E Agreement and Acquisition of Plant Access Road(South Wastewater Treatment Facility). r City of Iowa City MEMORANDUM DATE: August 2, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager: a. Pending Development Issues /a 3/ b. Committee on Health Care - Chamber of Commerce /a3 c. Neighborhood Sewers Update ia3 d. Advertising Agreement - Transit System ia99 Letter from Renee Jedlicka of the Convention and Visitors Bureau expressing appreciation for the additional appropriation. /135 Copy of letter from Iowa City Swim Club to Michael Moran regarding the swim meet held at the new Mercer Pool. /.?34 Letter from Department of Economic Development regarding summary of monotoring visit. 1137 Copy of Highlights from the University of Iowa. /a3B Copy of letter from Five River Carpenter District Council regarding registration of construction contractors doing work within the State of Iowa. /a3 Invitation to Labor Day Celebration from AFSCME. /..7 fo Monthly Progress Report, WASTEWATER TREATMENT FACILITIES from Stanley Consultants — City of Iowa City MEMORANDUM DATE: August 5, 1988 TO: City Council FROM: City Manager RE: Material in Information Packet Memoranda from the City Manager: a. Mercy Hospital b. Proposed Downtown Study C. Fire Master Plan Copy of letter from Assistant City Manager to Elwin Jolliffee regarding the request of the Hanover Court Owners' Association for a fence to be erected atop a retaining wall. Memorandum from the Director of Finance and the Parking Supervisor regarding Parking Appreciation Day. Memorandum from the City Clerk regarding licensing of peddlers. Memorandum from the Human Services Coordinator regarding the Free Bus Ticket Program Review. Article: "Florida Readies Broad Assault on Garbage" Copy of Triennial Review III, 1988. To Council only: Legislative Issues memorandum from the City Manager. I I IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF AUGUST 9, 1988 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON IWI;CS All.. AGENDA goy/e IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - AUGUST 9, 1988 411 7:30 P.M. Se/in,el3er COUNCIL CHAMBERS &o4kro ITEM NO. 1 - CALL TO ORDER. SCtiia e �� ROLL CALL. ITEM NO. 2 - MAYOR'S PROCLAMATIONS. a. Parker and Parking Employees Apyyr��ciation Day - August 19 1988. - ParK i �Q r. :"oe ioW er b. 1988 ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Council Actions of the regular meeting of July 26, 1988, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Senior Center Commission meeting of June 20, 1988. (2) Airport Commission meeting of June 21, 1988. (3) Human Rights Commission meeting of April 25, 1988. (4) Police and Fire Retirement Systems Board Joint meeting of June 28, 1988. (5) Riverfront Commission meeting of July 6, 1988. (6) Riverfront Commission special meeting of July 13, 1988. C. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor License for George's Buffet Inc. dba George's Buffet, 312 Market Street. (renewal) (2) Consider a motion approving a Class "C" Liquor License for Billy's LTD. dba Billy's, 819-1st Ave. (renewal) Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 2 (3) Consider a motion approving a Class "C" Liquor License for Cedar River Pasta Company, Inc. dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. (renewal) (4) Consider a motion approving a Class "E" Beer Permit for L&M Mighty Shop, Inc. dba L&M Mighty Shop, Inc., 504 E. Burlington Street. (renewal) (5) Consider a motion approving a Class "C" Liquor License for Senior Pablo's LTD. dba Senior Pablo's LTD., 830 -1st Ave. (renewal) (6) Consider a motion approving a Class "A" Liquor License for Loyal Order of Moose, Lodge #1096 dba Loyal Order of Moose, Lodge #1096, 2910 Muscatine Ave. (renewal) -4 g$ 170 (7) Co Sider rgsolution issuing dancing permit. S(7) e ghrchPc[ d. Motions. (1) Consider a motion to approve disbursements in the amount of $6,768,784.87 for the period of June 1 thru June 30, 1988, as recommended by the Finance Director, subject to audit. e. Correspondence. (1) Letter from Hank Miguel, of the Iowa City Yacht Club, regarding requirements of Ordinance No. 80- 2989 which requires that sales of liquor or beer be 50 percent or less of total sales. (2) Letter from Paul Dunlap expressing opposition to the designation of a portion of Maiden Lane as an alley. This item is on the agenda under Planning and Zoning matters. (Item No. 4c.) (3) Letter from Iowa Department of Natural Resources advising of plans to conduct three Toxic Cleanup Day Programs and soliciting cities to host the events. The Johnson County Health Department is currently putting together a bid for a Cleanup Day in the Iowa City area and has requested a letter of support from Iowa City. 9 Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 3 (4) Letters expressing support of the sale by the City to Preucil School of Music of a parcel of vacated street right-of-way to be used for parking. A public hearing on the proposed sale is on the agenda as Item No. 5. Letters are from: (a) Mrs. Leslie C. Tyler (b) Helen Finken (c) Thomas Holmes and Holly Martin (d) Dan and Marcia Boyer (e) Gene Nugent (f) John P. Le Peau (g) Cecile and Ronald Owings (h) Lloyd John Luke (i) Nancy Conybeare (j) Barbara H. Yerkes (k) Jane and Fred Pampel (1) Jhn S. Nelson See ahead (5) Letter expressing opposition to the sale of property to Preucil School of Music fromdna M. Shaller. see a'fi"a c {t a c�, (6) Memorandum from the Traffic Engineer regarding lane markings on Rochester Avenue west of Elizabeth Street. (7) Memoranda from the Civil Service Commission submitting certified lists of applicants for the following positions: (a) Civil Rights Coordinator (b) Firefighter/Fire Department (c) Senior Clerk Typist/Pollution Control Division (d) Account Clerk/Treasury Division (e) Parking Enforcement Attendant/Parking Systems Division (f) (PPT) Cashier/Treasury Division (g) Housing Inspector/Housing and Inspection Services Department (h) Maintenance Worker III -Night Crew/Parking Systems Division (i) Cashier/Parking Systems Division (j) (PPT) Parking Enforcement Attendant/Parking Systems Division (k) Maintenance Worker II-Towing/Parking Systems Division (1) Cashier/Treasury Division 9 Posted: 8/8/88 4:50 p.m. City of Iowa City MEMORANDUM -� DA -T E : August 8, 1988 TO : City Council and General Public FROM: City Clerk R E : Additions to the Consent Calender of the August 9, 1988 meeting 3.c.(8) Consider a motion approving a 14 -Day Class "B" Beer Permit for Iowa City Fall Fun Festival Inc. dba Iowa City Fall Fun Festival, 2150 Rochester Ave. (new) 3.e.(4) Letters expressing support of the sale by the City to Preucil School of Music from: (m) Dr. Michael and Linda Todd (n) Donald Macfarlane 3.e.(5) Letters expressing opposition to the sale by the City to Preucil School of Music from: (b) Mrs. E.J. Schuppert (c) Mrs. Marian Gaffey (d) Mr. & Mrs. John Novotny (e) Kathryn Moos (f) Wendy Rayston (g) Clint Royston (h) Nancy Hindes (i) 6srirua erllev q) sYtne rcy4,. I Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 4 f 9• r (m) Maintenance Worker II/Cemetery Division (n) Maintenance Worker II/Recreation (o) Maintenance Worker I/Streets Division (p) (PPT) Maintenance Worker I-Towing/Parking Systems Division (q) Maintenance Worker I/Central Business District Applications for the use of Streets and Public Grounds. (1) Application from Tim Finer on behalf of the Chamber of Commerce to have the annual Bed Races on September 16, 1988. (approved) (2) Application from Mike and Mary Ann Wallace to have the Regina Fall Fun Festival Walk/Run on September 3, 1988. (approved) Applications for City Plaza Use Permits. (1) Application from Erica Kaisner and Craig Chesler to set up a table from which to distribute literature regarding environmental issues on July 21, 1988. (approved) (2) Application from Latin American Human Rights Advocacy Center to set up a table from which to distribute literature and offer crafts for donations on July 25-31, 1988. (approved) (3) Application from Susan Savva to set up a table from which to distribute literature regarding food irradiation on July 28, 1988. (approved) 9 Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 5 ITEM NO. 4 - PLANNING AND ZONING MATTERS. a. Public hearing on an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-way. (V-8804). Comment: At its July 21, 1988 meeting, the Planning and Zoning Commission recommended approval of the proposed vacation by a vote of 6-0. The Commission's recommendation is consistent with that of the enclosed staff report dated July 21, 1988. A 10 -foot utility easement will be dedicated with the final plat of a Resubdivision of Government Lot 4, accompanying this request. Action: lbo opP e46aerej b. Consider an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-way. (V-8804) (first consideration) Comment: See item a. above. Expedited action has been requested by the applicant in conjunction with reconstruction of the Gay's Locker Company building. Action: c. Public hearing on an ordinance to designate as an alley that portion of Maiden Lane between the south right-of-way line of Court Street and the north right- of-way line of Harrison Street. Comment: At its July 7, 1988 meeting, by a vote of 6- 0, the Planning and Zoning Commission recommended the 47 -foot wide portion of Maiden Lane between Court and Harrison Streets be redesignated an alley provided the City commits to paving this right-of-way and providing metered parking in the area. This recommendation is generally consistent with that of the staff. A memo addressing the cost of improvements is include in the packet. Action: �ey^^"l X/ Oe" j_ i Zjo yc. /JLC ....rte- /� %lac.c��rJ �uiJca�. %aTiru �c�ttc��rJ .411 9 -,� �,� U V Z, L"b?�teJ yu• cQ� Q.G[�t� ./iL tGGr�/LvD'e� � Geo w/ ,u�� �1 � �� . %��•� . Cli1�G1 o/l�eJ B,�Zar,Lo � /aoEa.GCv . lIl e-pl rrJ 1LI/NJ l� cao ,x.. i q' a� / �J oto -ate... , . ��•�e. p' ���ua�' At-a� "1 alaaa1'ea-1 ,ell e-ll� I� / ed -4 c,jOtct CC .C) dzi�cfids- Z�;-7 9 ............... ,Gvr�e�.a�iG,e� Aw� 0 d.lti,�cuJ � �Gv<tor- ��' aClldfaJ � A� 9 0, �G epi• s) rnL�/ �2�Ze� dLu x�w I 7 i ve--Xal� !i •//!%GUAM/ � /LfLLCIiX� !�<ci .-' ..!/6yd!/Jr�� � . C Gt�yo�J rf 3,000 9 9 I , Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 6 Fid 3'$f� d. Consider an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2. (second consideration) Comment: At its July 7, 1988 meeting, the Planning and Zoning Commission recommended approval of the rezoning from CI -1 to CC -2, by a vote of 6-0. This recommendation is consistent with that of the staff report dated July 7, 1988. Expedited action on this item has been requested by the applicant.. Action: AwtA A)iv 24c, ada# A -co AX/I e. Consider an ordinance to amend the Zoning Ordinance to dl aR 3939 allow food lockers in the Community Commercial (CC -2) zone as a permitted use. (second consideration) Comment: The Planning and Zoning Commission, at its July 7, 1988 meeting, recommended inclusion of food lockers in the CC -2 zone by a vote of 6-0. Food lockers are establishments engaged in the storage of food products for individual households. The Commission's recommendation is consistent with that of a staff memorandum dated June 30, 1988. Expedited action on this item is requested by the applicants for item d. above. Action: �� � /IytisWt�• Jr� tu,Gc� � f. Consider an ordinance to vacate a portion of Maiden Lane. (second consideration) Comment: At its June 16, 1988 meeting, the Planning and Zoning Commission recommended, by a vote of 6-0, approval of an ordinance to vacate 19 feet of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek. The applicant, Benjamin Chait, requests that this segment of Maiden Lane be vacated to allow integration of a parking lot he owns east of Maiden Lane with a City -owned parcel he proposes to purchase west of Maiden Lane. No comments were received at the Council's public hearing held July 12, 1988. / Action: d _ 4e nJ vh Qix f �O dZ4r. gad,/- .amu /... ".ae � Gue 6ac&. Zed a� 9e- a,.:7 cs�c9G C/c�o �/ . ,. ,. /20_ �,�-•�Q 6si�.(c.Gtae� ��./ li���ct�x�%'.�ia� ' I jp��a,,'�'/��x-� �.�.,�/�a �,o auu� � dew✓ �alti�%� /ra�.e� i k Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 7 g. Consider an ordinance to vacate portions of Capitol and Bloomington Streets. (passed and adopted) Comment: At its May 19, 1988 meeting, the Planning and Zoning Commission recommended by a vote of 5-1 (Scott voting no), approval of an ordinance to vacate Bloomington Street from Capitol Street west to mid - block east of Madison Street and to vacate a 10 -foot wide strip on the west side of Capitol Street between Davenport and Bloomington Streets. This vacation is part of a joint University -City project to construct a parking ramp, water storage facility, and chiller plant. This ordinance was amended at the July 26, 1988, meeting of the City Council and is on the agenda for final consideration at this time. Action: � is K b a- a] h. Consider a resolution approving the preliminary and final plats of Imperial Court Industrial Park, a 4.615 acre, 11 -lot industrial subdivision proposed east of South Riverside Drive, across from the Municipal Airport. (S-8826. 60 -day limitation period: August 29, 1988.) Comment: At its July 21, 1988, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended that the preliminary and final plats of Imperial Court Industrial Park be approved with a waiver of the sidewalk and cul-de-sac design requirements for this subdivision and conditioned upon staff approval of construction plans. This recommendation is consistent with the recommendation presented in the July 21, 1988, staff report. Legal documents have been approved by staff. Construction plans are awaiting staff approval. Action: -_Zlxhy/&I,#]- �lGIU �0 s I i 9r- ti�� asp✓ �� �s��� -�u� .Lw� ��, , ,�a7 �Lc�% G'6i�ivya.��,J La �Sr�xd ZD � Clia��,glz�4 Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 8 i. Consider a resolution approving the preliminary Large Scale Non -Residential Development (LSNRD) plan for Iowa City Ready Mix, Inc., generally located east of South Riverside Drive and south of Sturgis Ferry Park. (S-8826) Comment: By a vote of 6-0, the Planning and Zoning Commission, at its July 21, 1988, meeting, recommended approval of the LSNRD plan for the 2.174 acre Iowa City Ready Mix, Inc. facility. This recommendation is consistent with the July 21, 1988, staff report recommendation. The Riverfront Commission has reviewed this application and, in a memorandum dated July 14, 1988, recommended approval of the plan with the condition that certain plan deficiencies be remedied. These deficiencies have been addressed. Action: SYzl1, s: j. Consider a resolution to approve the preliminary and j -i 3 final plats of a resubdivision of Government Lot 4, a 3 -lot, 3.37 acre commercial subdivision on Waterfront Drive. (S-8827) Comment: On July 21, 1988, the Planning and Zoning Commission recommended approval of the preliminary and final plats by a vote of 6-0, subject to 1) vacation of a 3,778 square foot portion of Waterfront Drive adjacent to the proposed subdivision, and 2) waiver of the provision of a sidewalk along Waterfront Drive at this time. The Commission's recommendation is consistent with that of the staff report dated July 21, 1988. The resolution incorporates both of these conditions for approval of the plats. Action: .00L. 4/&2 ' I #y I "Pu i zecea o% P,F Z 7-a ; �am� �Gaeo� -"ecza4) Zsge,, . .. . dow--OJvKJ fy eo.Ai. ZAmt ' -al&, -ee�ie-ea se Qlo�—G j et�.adaQ. � �f. l'a�✓ ..tom ..� p�,c,.,.«�,e �u/�J ,Doyle/ J, tinge iii ad�e-ucee �� �� Qc��ii�a�e-de'G� .fit aa�l Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 9 k. Consider a resolution setting forth the reasons for denial of the rezoning request for property at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road. Comment: At the July 26, 1988 Council meeting, the City Council rejected a request to rezone the property noted from RS -5 to RS -8. The denial of this request was by a vote of 0-5 on an affirmative motion. This resolution sets forth the reasons for denial. Action: 471 /1OedV nze 1. Consider a resolution extending the expiration date for the approved preliminary Large Scale Non - Residential Development (LSNRD) plans for Lots 1 and 6, BDI Second Addition for a period of 12 months. Comment: On May 20, 1986, the City Council approved LSNRD plans for Lots 1 and 6, BDI Second Addition. LSNRD plans have an expiration date which may be extended by the City Council for a period of 12 months upon written request of the owner. The new expiration date on these plans will be May 20, 1989. No new regulations have been adopted nor have circumstances changed which would affect the proposed development. Action: �i��v nTlwm� m. Consider a recommendation of the Planning and Zoning Commission concerning a proposed county rezoning of a 1.69 acre tract approximately one mile east of Iowa City from A-1 to RS. (CZ -8814) Comment: At its July 21, 1988 meeting, the Planning and Zoning Commission recommended that the City Council forward to the Board of Supervisors a comment that the proposed rezoning be approved. The rezoning would allow the construction of a single-family residence on the site of a former one -room school house. The Commission's recommendation is consistent with the staff memorandum dated July 13, 1988. Action: Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 10 ITEM NO. 5 - PUBLIC HEARING ON A RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL TO WILLIAM AND DORIS PREUCIL. Comment: The Preucil School of Music has received approval from the Board of Adjustment to expand and make improvements to the school. The approval was contingent upon the School's ability to provide off-street parking. To comply with the requirement, William and Doris Preucil have offered to purchase an 80' x 100' parcel of vacated street right-of-way located adjacent to Horace Mann School and immediately south of the Preucil School of Music at 524 N. Johnson Street. The Preucil's have offered to purchase the property for E7,000. Action: ITEM NO. 6 - PUBLIC HEARING ON A RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 2BE AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. Comment: The City of Iowa City is engaged in a cooperative project with the University of Iowa to develop on a single site a parking facility for University faculty, students and staff, a chilled water generation facility for University buildings in the North Campus area, and a water storage facility for Iowa City's water system. The facility is to be constructed on the hillside above the Iowa City Water Treatment Plant. A Chapter 28E intergovernmental agreement has been prepared to provide for joint funding, construction, use and operation of that facility. That Agreement also requires the City to convey certain properties and certain interests in property to the University in conjunction with the construction and operation of the facility. Action: 44 61U� Q H�,,,,"r.e _ r'� ,�✓__`"l-ems. s� � ��.. _ _ - �=1 �'��`�'%�, --�`'� t Q �zcCC- dG�„crrGc sL G��Fi cc���anu�/ L12a�. ..ewzz. j 9 I 0 !��''�7Ii �cLd�f�•� �1�. ,c� r�?i ,fe � �iJ�Cc% �/00 000. - -- ��.fhL'C/-.G���J� /�i_A'�G� ✓� ,<2etc�%�=01�Ls s% �-,�(�/•fin ,LjL / , - --__ �fGy✓r --(/ /%C.v/-JLc'i _LLE!/ gGs�G, /(/./i�!/�L�i:c�1��_y'uz"—'G'"E�L`/ ' ' ,,i��cc�—,�°�e,u�v,✓ ��,� ,r,�% a.�,z/ �r,�fu�JC'.�ri�.,Ci - - _c�c�/ �,r.G//�/aG�/�J—/ ��/`may/=J J.-/��� •� ��� �-�'� i ��—y,�YL��%'-..G��Y.�l�/..E�/ fir. �i?L/-li�i CL���✓ �` � �� , , �C��LGt// Lit/ ,rr� �•e�`L�e�zL/f__- _/f7247w� �..L�C/ �s`Gi� J ,ii✓GJGl�4Ct/ �Y�GO ,Q/�.C_�/.fi'L�% G�� ..Gu /�+iy'��/�y-�/� � �/¢�C,�/ � I �/�. ✓�%,.��� / �f,.Gf..C/ i � ------ I .C_G✓—GIS�IG�cea_Ltsl� .r�/f.Gn_t=""-•_'L=�w iy__�--�7_ _—C/----- I %QG�.r�Cfc I ���• � �..f'/�eite�l �G'��>->� �� J�luC�v l�t�,�A-.�e�..a J ./�JJ��%s-fC ec�'J:CGLiL>y. AL 6ZL/ � GCLF �i cc�cc /Cj LjGs �Lc L. Y- 70- 3 eloa� J7, 411, &-.4vLeai F %li��/ -�.,���L lJ��, �LLg �?3�. ��� rnr� �L���a-- �L CLc�icr✓ 9 i I �• I � ����%r- Laf.L ,c�;Kl�_✓//��'J`�/��''�� L U 9� `7`L�LQ.C/j `zr-e� �_�/u�� /,�C�ki� cy�y� �!/�,�j0�—�/L��LILt/ ,�J/'..tiLG��(.��� _I _ /�-"• /LSC.-�-V`y�at�iLL1/6 � .Y-c..-i-."�U?y•—UN-= - G�P�Y r'i"cC�/ /,.�zQ/�/%�._G_�yK=�D3E/! Y F'm—"�'_,�A•/ � .�/%(% /L/!�/' Q/%L.C/ lliii� �%idY %�LI/'1/ECi .GsL�Gf' _ /1/AUUZ IL�Ly fir✓ lCy % � _t/u i a Lua£C/ / ! '�-+/ �^'• _—//%21!£F/ �zLci ,� L�/_�ZG�v �f�Lc�v�/Z2 %�Mz�% i �� �-' dzar�uCu� �zu � �/�r-� • _—Ai,4,// it Et/ yam/ �<LcO. 6L<e-i /4-r 14,41,_ llm � ltLw?,46 - _...-XLH& _7r��..___ _ �1i17tlJ`lll2L0_Z��J�t�'% G_�'J2Zu/ 9�CU_a-t-L_i G�� ��U_6_-+�=�•� �� '�Q_/�{Ll__/ _�.iJ-.P/ `1GG 1�Z/ �GGvI�'L!_�-G_•LC/__��U,.-1•�L—•��i+�C�__��i�_,c.�tii—_ _1 _�GI�I✓ �._�ZGGtru� � ,,GG°/Z.U_6_t��—d�_/i.9?L.fLx-cum-c.���p•�•'.rL�`�.c-TL�et�----._- %li��/ -�.,���L lJ��, �LLg �?3�. ��� rnr� �L���a-- �L CLc�icr✓ 9 e i i I L��%`�'/�C%Gf�!/! �G�tJ. _ 2ct-flu-LC/ �Jtee .�3•.liECi ,�L�� �,�%�'.-`� I �L��f °iy�,G�`' _)0-C�d-t�i, �✓ �wa.�y .GL .Grp 'tu/.� GGA�—n ,�c/.,t_-IAC_ .�v /�?t���Or<�e�r �v ✓ ��_ J ,�—,d.G�l �L.2,L L/� � �` rGGL�Cfi !f_G/�;G �la"✓'��C/`� �L�'LL�—�,.l�tfvti' �!G� �iv�y.�/u'-f . I .%✓_/ 14 {%iL�h% /l.�C� •!'Y�L!/ �G 3•'i!✓. �-J(�td qZs-tern/ ✓_ �� _�/f,.GLG � �9-tL��tL ---- e 49� r I 4" -L- -2m k YZ FM I R I -------- --- zz ��' 90 )e /0-0 lei -�Ze� av egr 9 jD i r zu-ALI fntxa� L [GLS A<67�c__GL�/G. s I r, ed,/ Aizd.ki_ N 9 G��//j��V�/6t(J'� /�Lul/ �/_G((!!W/IO/�i{'�IfI`u� - _-..____-_✓_J,.-� l��fcZtru lm =--- - --- _ ---__ --. i 9 - - - - - - -- - - 12 cul. O-aZ Z&o,1-t-J Z,& le, A,-Ze�"Ievm Y—� Y-4 x�e --- — --------------- — ------ I 9 A If A-aul -Z-- Q rd EMO .1e, ee_1 zz-v I I 21' NL�&_ U Z4 4 9 a� A� 1 -t4 n r a3 6 �7 �z o,✓ 12A If Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 11 ITEM NO. 7 - CONSIDER A RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. Comment: See comment above. Action:�✓�(G�t� Are` 462 vJ Ae - PUBLIC HEARING ON A RESOLUTION APPROVING AND AUTHORIZING ITEM N0. 8 AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE EASEMENTS IN FAVOR OF IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. Comment: The City has initiated three condemnation proceedings to acquire right-of-way for an access road to the site of the new South Wastewater Treatment Plant. The route of that road parallels and is immediately adjacent to an existing Iowa -Illinois electric transmission line. The subject easements will allow Iowa -Illinois to continue to have its transmission line overhang the property being acquired by the City, and to have access over that property to maintain and operate that line. Action: PA Aoin� ITEM NO. 9 - CONSIDER A RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, REIN FAVOR SPECTIVELY, GAAND ELECTRIC THREE POWER COMPANYEASEMENTS NIIOWA- ILLINOIS ALINCONNECTONWITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. Comment: See comment above. Action: S;"A/' a,1- (7d iii r. �� Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 12 ITEM NO. 10 - PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, BY REPEALING ARTICLE VI THEREOF ENTITLED 'NUISANCE,' AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE SAME, CONTAINING NEW DEFINITIONS, STANDARDS AND PROCEDURES FOR THE ABATEMENT OF NUISANCES. Comment: The proposed ordinance completely revised the City's nuisance regulations by combining most of the City's property -related nuisance abatement procedures into one set of regulations. It also includes procedures for dealing with the problem of abandoned buildings. If adopted, this ordinance will ensure timely correction of nuisances and enable the City to recover its direct costs of enforcement. Action: ITEM NO. 11 - CONSIDER AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, BY REPEALING ARTICLE VI THEREOF ENTITLED 'NUISANCES,' AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE SAME, CONTAINING NEW DEFINITIONS, STANDARDS AND PROCEDURES FOR THE ABATEMENT OF NUISANCES. (first consideration) Comment: See comment above. tt t Action: A��,k�'� WIs4e -2 A"",, AV ITEM NO. 12 - PUBLIC DISCUSSION. �0^ Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 13 ITEM NO. 13 - CITY COUNCIL APPOINTMENTS. a. Consider an appointment to the Housing Commission to fill an unexpired term ending May 1, 1989. (Gary Watts resigned.) Action: ;nald ldillian( c X3/,7 /HecSta�ine. iQue � �� �n ITEM N0. 14 - CITY COUNCIL INFORMATION. ITEM NO. 15 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. -A- N Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 14 ITEM NO. 16 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS. a. Consider recommendations of the Riverfront Commission: (1) That the Gay's Locker subdivision and rezoning applications be approved. There were no riverfront-related objections to the proposed development. The Commission voiced a strong consensus that the development would upgrade the site and enhance the commercial neighborhood in which it is located. Comment: Commission discussion of this item is included in the July 6, 1988, minutes, which have been forwarded to Council. (2) That the approval of Idyllwild Development Plan as shown on the June 10, 1988, plat be approved. There were no riverfront-related objections to the proposed development. Comment: No action required. Developer has withdrawn application. (3) That the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred, and force removal of the fill if it is found to be illegal. Comment: The Commission requests that staff be directed to make a determination concerning the legality of the fill and potential for removal of the fill. Discussion of this item is included in the July 6, 1988, minutes, which have been forwarded to Council. 9 Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 15 (4) That approval of the LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. Comment: The conditions enumerated in the recommendation above have been addressed on the revised plat, which was approved by the Planning and Zoning Commission on July 21, 1988. Commission discussion of this item is included in the July 6, 1988, minutes which have been forwarded to Council. (5) That, concerning the Glasgow application for fill and rip6pping, the U.S. Army Corps of Engineers be formally requested to enforce the wetlands provision of Section 404, the Clean Water Act. Specifically, the Corps should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetlands and restore those wetlands to previous conditions. Comment: Council took affirmative action on a revised comment concerning "forested wetlands" at its special meeting on July 18, 1988. No further action is required. Agenda Iowa City City Council Regular Council Meeting August 9, 1988 Page 16 ITEM NO. 17 - CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDATORY AGREEMENT TO ANNUAL CONTRIBUTIONS CONTRACT NO. KC-90330(D24ed a -a -a7) Comment: The Annual Contributions Contract for Section 8 Existing Housing Certificates was first written in January 1976. Various amendments and consolidations have taken place. The most recent amendment extended the contract to June 30, 1990. The increases in Fair Market Rents provided for in the Contract and the actual increases in contract rents plus administrative costs will cause a shortfall in Contract Authority. This amendment will increase Annual Contributions from $1,205,832 to $1,634,975 ($429,143.00 per year). The staff and Housing Commission recommend adoption of the resolution. Action: wnaon! 3 . ITEM NO. 18 - ADJOURNMENT. N City of Iowa City MEMORANDUM DATE: August 4, 1988 TO: City Council FROM: City Manager RE: Informal Agenda and Meeting Schedule August 8, 1988 Monday 6:30 - 7:45 P.M. Council Chambers 6:30 P.M. - Review zoning matters 7:00 P.M. - University of Iowa request regarding licensing of peddlers 7:15 P.M. - Proposed Downtown Development Study 7:30 P.M. - Council agenda, Council time, Council committee reports 7:40 P.M. - Consider appointment to the Housing Commission August 9, 1988 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers August 22, 1988 Monday 6:30 - 8:00 P.M. Council Chambers Informal Council Meeting - agenda pending August 23, 1988 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING ITEMS Leasing of Airport Land for Commercial Use Airport Status Update Stormwater Management Ordinance Review East Side Storm Drainage Improvements Environmental Issues re. Land Development Appointment to Committee on Community Needs - August 23, 1988 Appointments to Board of Electrical Examiners and Appeals and Broadband Telecommunications Commission - September 6, 1988 a Ap' CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5COD P R m C�c A M A air x O iii IllYta ra a s , public transportation is vital to the growth and continued economic and social swell -being Of the City of Iowa Citu, and Whe ra a s , public parking strengthens the economic vitality of our community hg providing mobility and there- fore improving the quality of life for all segments of our pupulatian, and iAha r� a s , in the fiscal gear ending June 30, 1988, the Iowa City Parking systems provided 2.9 million hours of paid parking in the Central Business District, and W11 a r. J2: at s , the citizens of Iowa Citg have shown their support far the Parking sgstem bg their continued use of its facilities, and d17ha r� a s , an Fridag, August 19, 1988, the City of Iowa City will eXpress its appreciation to the cibizens bu providing free parking in the Central Business District and providing recognition to the Parking empioyees bg showcasing their Mang responsibilities, i�1aw , bha ra firre , 1, John McDonald, mayor of the City of Iowa City, do hereby proclaim Fridag, August 19, 1988, to be in Iowa Cibg and call upon all citizens to recognize the vital rale of parking in this city. VL 0R Signed in Iowa Cibu, Iowa, this 9th day of August 1988. 1153 a CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D P R 0 C C is to A¢ Z 0 K Whereas, 1988 is the 200th anniversary of the ratification of the United States Constitution, and Wh a re a s , 23 of the original signers of the Constitution were vet- erans of the Aevnlutionarg mar, and Whe r,e a s , the Constitution, as ratified, embodies the ideals of iibertg under law and was designed to maintain our free government in perpetuity as a more perfect union and to secure the blessings of liberty by consent of the governed, and Whe r -e a s , few governments in the world have been able to provide liberty and stability to their citizens under a written constitution for more than a generation, and wh err e a s , the laws adopted under this charter of freedom and abbrac- tiue wag of life resulting, have drawn to our shares citi- zens from every corner of the world, and provide impressive evidence and hope worldwide of the enlightened vision and the wisdom of the drafters of the Constitution, and 111he r e a s , the Bicentennial offers the oppnrtunitg for the City of Iowa Citg to rededicate itself to the great principles that have formed the basis for our national strength and prnsperiby, and Wh a r•e a s , the men and women of the Iowa National Guard have sworn to support and defend the Constitution of the United Rabes to provide far the common defense, and have reaffirmed that commitment worldwide, and U)ire r e a s , it is timely and appropriate to commemorate the high ideals and achievements of the Constitutional Conventian in 1787, N33W , th a re f are , 1, Jahn McDonald, mayor of the Cibg of Iowa Ciby, do hereby proclaim 1988 to be UnIteai obai,es Cn"St!1bUt1Vn RatIrIcabInn Bear- in ear in Iowa Cibg and urge all residents to support activities and programs in commemoration in which all can participate. Signed in Iowa City, Iowa, this 9th day of August 1988. P442, IVA .7. 3. Re9ulaR, COUNCIL MEF-t'iN9 30 P. M. I)AEasE Si9N IN: kien,a.: dd ess: 4 a44 1r7TeC,c 1+6vc n�,�jdoe AAA N WArAdlMed MALMO m Re9Ltln.a CouNCiI MeefNg Y-30 P. M. J 'PkEase Sism IN: kgmse- dd Ess: 1. _(01CL O mauw / � wi son s. `740 Fa4w,v A, 4, G, r, a. 9, I], �3. Il/, COUNCIL MEETING OF A Z /9.PA ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. 147 • ,✓ Gyre f • ✓ Q.P. �. 5e1..ok S44e o ✓ Ahid • ✓ ).G--k��orcLY l neS �� ✓ P• P• b. -Cain ✓ e9n /✓ &7,4f - l3rin-ton. ✓ ORIGINAL XEROX COPIES COPIES INSTRUCTION AGENDA ITEM R FILE k CERT. OF RECR. ITEMS OF ITEMS FOR FINALIZATION 3c ( -r) ztt170 A ✓ ,Pry/✓ I/d -433813 m 9. ✓ J7rsp. ✓ "i ablrsl r/ drd. Bl(. ✓ /roI .✓ f/7 �%WS�a�er ✓ �%D. ✓ e. 4�BbS9 �r�Blr ✓ �ra�. ✓ �f� ik3�90 nr�j. ✓ fir' ✓ �r�Glrs/✓�7 !JewstWler ✓ RR b.—Ca��t ✓ _ qh -� 171 n,�. ✓ ,�,.Bk.✓ ,jeI/`�,�, Ener • ✓ P%U. pen A1. S. ✓ Recor�r (Ren pros. rf i ti I i L /pdrr . ✓ Res• l3� ✓ P. P. l9 • - }Ploen ✓ o3eu - Moen ✓ golf r. ✓ 01i ..✓ Pes• e k. ✓ RewrJerAm ej.) ✓ �h�r ✓ feu. 1 � ea le H. I S. ✓ � Pin•>� 9 ,,II Poa. ✓ Pref. ✓ 147 • ,✓ Gyre f • ✓ Q.P. �. 5e1..ok S44e o ✓ Ahid • ✓ ).G--k��orcLY l neS �� ✓ P• P• b. -Cain ✓ e9n /✓ &7,4f - l3rin-ton. ✓ COUNCIL MEETING OF A/I I crv� ROUTING FOR ORDINANCES, RESOLUTIONS, GREEMENTS, CONTRACTS, NOTICES. ORIGINAL COPIES XEROX COPIES INSTRUCTION AGENDA ITEM N FILE CERT. OF H RECR. ITEMS OF ITEMS FOR FINALIZATION m� . ,/ Res. dk ✓ 9 tk i�-7 LC l •aid. ✓ ydel N Informal Council Discussion July 18, 1988 Informal Council Discussion, July 18, 1988, 6:30 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Strait, Horowitz. Absent: Dickson. Staffinembers present: Atkins, Helling, Timmins, Karr, Rockwell. Tape- recorded on Reel 88-40, Side 1, 1 -END, Side 2, END -420. RIVERFRONT RECOMMENDATIONS REGARDING CORPS OF ENGINEERS PUBLIC NOTICE - APPLICATION BY JIM GLASGOW CONSTRUCTION: Reel 88-40, Side 1 Rockwell presented Council with an overhead projection map of the area. Rockwell stated that the Riverfront Commission held a meeting on July 13, 1988, to discuss Glasgow's proposal to place additional fill west of North Dubuque Street and south of Taft Speedway. Rockwell reviewed information contained in her July 14, 1988, memo regarding wetland fill south of Taft Speedway. Rockwell explained additional information was received from the U.S. Army Corps of Engineers; the Corps considers the area forested wetland; and the Corps did not have jurisdiction over forested wetlands until February 29, 1988. Rockwell stated the Corps considers that it has no jurisdiction over the area with the existing 30,000 cubic feet of fill because the fill was placed prior to February 29, 1988. Larson asked if the U.S. Army Corps of Engineers or City has the authority to order the fill removed. Rockwell said the contractor does have permission from the City Engineer to fill on the property. McDonald asked under what circumstances does the Corps allow wetlands to be filled. Rockwell said this is the first case of a forested wetland to be handled by the Corps. Horowitz stated that she was in contact with Corps of Engineer Wayne Hammel. Horowitz said that every piece of wetland has different degrees of wetland; the Corps did soil bores on this property; and this property is not considered a wet -wet type of wetland. Horowitz said the Corps said a house could be built on the fill in this area. Rockwell introduced Riverfront Commission member Doug Jones. Riverfront Commission member Doug Jones presented Council with a map showing the location of wetlands in the area. Jones summarized his July 18, 1988, letter to Council. Jones stated that the City could have jurisdiction over the area because, if there was a two-year hiatus during which no new filling was done, Glasgow lost his grandfathering clause for the existing piece of land and the new floodplain ordinance would apply. Strait asked if the City Attorney should review this information. Horowitz said that staff could ask the DNR what the impact of the two-year hiatus was. Atkins suggested that the City send a letter to the U.S. Army Corps of Engineers containing Council's resolution approving the Riverfront Commission's recommendation, as outlined in Rockwell's July 14th memo regarding wetland fill south of Taft Speedway, and requesting an opinion as to whether the City can order the fill removed or altered. Horowitz asked that information be forwarded to JCCOG. Council concurred that a resolution approving the Riverfront Commission's recommendation and a supplementary letter be forwarded to the U.S. Army Corps of Engineers. MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 2 PROCESS FOR FILLING CITY COUNCIL VACANCY: Reel 88-40, Side 1 McDonald explained Council has two options to fill the City Council position to be vacated by Kate Dickson: 1) to call for a special election, or 2) by appointment. McDonald stated he favored appointing someone to the position because the estimated $10,000412,000 cost associated with holding a special election. Larson noted that anyone can run for the office and that, with the proper timing, the election could be held along with the general election in November. Larson said he would be in favor of appointing someone, but with expectation that a petition would be filed and an election held in November. In response to McDonald, Karr stated there are still costs if the election is combined with the general election. Karr stated that there also would be additional costs if a primary election would be required. Horowitz asked if a ballot could be triggered for the remainder of Dickson's term plus four more years. Karr stated that was not an option. Strait asked for a review of an Iowa Cade provision stating that a runner-up in the previous election shall be designated as the replacement. Ambrisco stated he supports the idea that the Council unanimously appoint someone to fill the position. Strait suggested that people interested in being appointed to the position should formally or informally turn their names in to the City Clerk's office. Ambrisco agreed that the process should be formalized. Council agreed to fill the position that would be vacated by Kate Dickson by appointment. Council discussed the application procedures. Karr stated that a letter of interest could be submitted to the City Clerk's office. Horowitz suggested that the Boards and Commissions application form be utilized. In response to McDonald, Karr stated the public notice could be published immediately, but the official notice would need to be published when the effective date of vacancy is known. Council received public input from Loret Mast speaking in opposition to filling the vacancy by appointment. Atkins suggested that the public notice state the means by which people express the interest to fill the Council position. Council agreed with Atkins' suggestion that Council consider a one-page letter of expression from individuals interested in serving on the City Council. Karr distributed copies of sections of the State Code and referred Councilmembers to Sections 39.2, 69.12, 362.3, 376.4, and 372.13. Larson noted that information in Section 69.12 may not be applicable and noted that Section also deals with Councilmember Strait's question re appointing the runner-up. Timmins noted that Section 372.13 referenced Section 69.12. MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 3 COUNCIL TIME/AGENDA: Reel 88-40, Side 2 1. Council discussed their meeting schedule. McDonald recommended return to Council's fall schedule and schedule an informal meeting for Monday, July 25, at 6:30 p.m., and continue scheduling Monday night informals. Council agreed. 2. Horowitz inquired about the National League of Cities meeting to be held in Boston in December. McDonald said it was unwritten policy that only the Mayor and two Councilmembers attend the National League of Cities meeting. McDonald suggested that policy be expanded to allow all interested Councilmembers to attend the meeting. McDonald asked council to contact Lorraine regarding reservations for the upcoming National League of Cities meeting. 3. Ambrisco announced a Southeast Iowa League of Municipalities meeting is scheduled for Wednesday, July 20, at Chariton. 4. McDonald announced a meeting, sponsored by the Iowa League of Municipalities, is scheduled August 11, 1988, 7:00-8:30 p.m., in Cedar Falls to discuss potential issues for the upcoming legislative session. The meeting adjourned at 7:45 p.m. Informal Council Discussion July 25, 1988 Informal Council Discussion, July 25, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Horowitz, Dickson. Absent: Strait. Staff present: Atkins, Timmins, Karr, Schmeiser, Cain. Tape-recorded on Reel -88-40, Side 2, 420-1; Reel 88-41, Side 1, 1 -End and Side 2, End -568. PLANNING & ZONING: A. Reel 88-40, Side 2 Schmeiser said the applicant has withdrawn the request to vacate and dispose of the Maiden Lane right-of-way between Harrison Street and Court Street. Schmeiser said the Planning & Zoning Commission recommended that the 47 foot wide portion of Maiden Lane between Court and Harrison streets be redesigned an alley provided the City commits to paving this right-of-way and providing metered parking in the area. In response to Ambrisco, Schmeiser said he has not been in contact with Paul Dunlap. Horowitz asked if there are any other city alleys that are paved and metered. Schmeiser said there are some alleys used for parking. Ambrisco said there is a metered parking area west of Gilpin Paint & Glass store. Larson asked what would be the advantages of designating the area an alley versus a street. Schmeiser replied that two reasons to designate the area an alley are that a 20 foot setback for commercial buildings would no longer be required and the street functions more as an alley. Horowitz inquired about the impact of the alley on the property located farther to the south. Schmeiser said stores located on the east side of Maiden Lane would eboth aand front access and the businesses inthearea are desperate for parking spaces. McDonald asked if area property and business owners have been notified about the public hearing. Schmeiser said the City will notify the property owners.and business recommendation s asgenerally consistent the Pwith �staff Zoning rssaid the original staff recommendations were specifically addressing the vacation. Larson referred to the Planning & Zoning Commissioner Dave Clark's amendment relating to the City's responsibility to maintain the area. Larson note there are alleys in varying degrees of upkeep. Schmeiser said the area could be redesignated to a parking area. B. PUBLIC HEARING nN LN nonTMAArr m Schmeiser said that Gay's is composed of three uses: a slaughterhouse, a meat market, and a locker use. The slaughterhouse was not damaged by the fire and the meat market and locker use were substantially destroyed by the fire. Schmeiser reported that Gay's wants to reestablish the meat locker, keep the slaughterhouse as it exists, and increase the size of the retail meat market. Schmeiser said that a retail meat market is not permitted in the CI -I zone, a locker is not permitted in the CC -2 zone and, therefore, there is a MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 2 proposal to amend the Zoning Ordinance to allow lockers as a use wpermitted ein the CC-2 zone. the h ouldremainanon-conforminguse for perpetuity noted chmeisersaidothe Planning & Zoning Commission received no objections to the proposal. C. ORDINANCE TO DRIVE FROM CI- See "B" above. D. PUBLIC HEARING FOOD LOCKERS 1 USE, (GAY'S L See "B" above. E. F G. H See "B" above. ORDINANCE TO VACATE.A PORTION OF MAIDEN LANE. No Council comment. Schmeiser Objection topthe erd that the letters in request. Schmeisera stated ithat nine eordinance if owners of 20 percent or more of the property being petitioned for rezoning object to the request, it requires an extraordinary vote by City Council to approve the request. Schmeiser noted it was the Planninn8nrtmor,iethe duRegardigthe curenuse of the prpetiesSchmto eserreportethat it does appear that at least three of the properties are rented out. ORDINANCE TO VACATE PORTIONS OF CAPITO AND BLOOMINGTON STREETS. No Council comment. Reel 88-40, Side 2 Boothroy noted Council received his July 20th memorandum regarding abatement procedures for abandoned buildings and other nuisances. Boothroy reviewed the draft of the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City - containing new definitions, standards and procedures for the abatement of nuisances. Boothroy stated there are at least two buildings within Iowa City that meet the definition of abandoned buildings as defined in the proposed ordinance amendment. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 3 Horowitz inquired about the status of a house located in her neighborhood, 1121 Kirkwood. Boothroy said the enforcement officer would decide if the building would constitute a nuisance. Boothroy said that specific house appears to be kept up, but under the proposed set of regulations the City could administratively take action to cause it to be repaired. Or, administratively or with the municipal infraction, have the house removed or demolished. Horowitz referred to the ordinance, Section 1, Article 6, Section 24-101(a) Hazardous Wastes, and asked about the enforcement. Boothroy said that it will be enforced primarily through the Johnson County Health Department. Boothroy referred to Section 24-102(d) Hazardous Wastes. Ambrisco asked if State statutes limits the maximum amount of fines. Boothroy said $100 is the maximum under the municipal infraction process for first offense and $200 is maximum the City could cite for a repeat offense. Boothroy recommended that $100 is a reasonable amount to cite someone for first offense. In response to Larson, Boothroy agreed that the proposed ordinance would allow a house to remain vacant as long as it did not violate the Housing Code or was not left unsecured. Larson raised concerns that the ordinance could be over -broad. Boothroy noted that some communities use a registration process for vacant buildings. Courtney asked when the proposed ordinance could be applied to existing abandoned building nuisances. Boothroy said the ordinance would apply to existing situations. Timmins stated that if buildings are in a hazardous condition now and constitute a nuisance, they would not be grandfathered in under the proposed ordinance. Timmins said the ordinance would allow the City to proceed in magistrate's court. Larson stated a person should be given a warning before the ordinance would be applied or take effect. Council agreed to direct staff to prepare the final draft of the ordinance. NEWSPAPER VENDING MACHINES: Reel 88-41, Side 1 McDonald stated that Council had previously discussed this issue and the Legal Department has determined the City has the authority to regulate newspaper vending machines. McDonald referred to the handout Location of Newspaper Dispensers and noted that there were 20 newspaper vending machines in 1983, 41 in 1985, 54 in 1987, and 74 in 1988 in the downtown business district. Boyle stated Council received his July 20th memorandum regarding regulation of newsracks on City property (update). Boyle stated he receive a copy of a decision of the Eighth Circuit Court of Appeals, dated July 13, which sustained Judge Stewart's decision in the Des Moines newsrack case. Boyle reported the ordinance, as written, and the $10 annual newsrack fee were sustained, but the specific standards were not addressed by the District Court or Court of Appeals. Boyle stated the proposed ordinance is modeled after the Des Moines ordinance. Boyle stated the ordinance tries to insure that sidewalks stay clear and that there are no display advertisements on the side of the newsrack. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 4 Courtney asked if the 250 foot requirement (Section 31-162A.(4)) could be expanded or narrowed. Boyle said he was not aware of any court decision relating to the 250 foot requirement and the question that should be addressed is: Is the newspaper being given a fair opportunity to distribute the paper? Cain stated that two years ago when the Design Review Committee addressed modular units on the City Plaza, they recommended that the modular units be put in the downtown area, bounded by Burlington Street, South Capitol Street, Iowa Avenue, and Linn Street. Cain said the ordinance, as proposed, addresses modular units just on the City Plaza. Horowitz asked if the Design Review Committee looked at examples of modular units. Cain replied that Design Review Committee members have seen modular units designed by Birkley Small and modular units used in the Des Moines skywalk system. Cain presented a photo of newspaper vending machine modular units located in Boulder, Colorado. Larson asked why newspapers should be placed in modular units. Cain said a uniformed modular unit offers convenience, safety and is aesthetically pleasing. Larson asked if the ordinance would limit the number of newspaper vending machines located in the Plaza. Boyle said it would not. Timmins said there are cities who have held lotteries to see what newspapers get into the banks of newspaper vending machines. McDonald reported correspondence was received from Mary Stier, publisher of the Press -Citizen. Mary Stier appeared and stated the Press -Citizen would like to work with the City; rack sales constitutes 18% of the Press - Citizen sales, and the Press -Citizen is open to looking at modular racks. Stier asked the City to work with area publishers and representatives of the newspaper to reach a compromise without having to pass an ordinance. McDonald said City staff previously met with newspaper representatives three or four years ago to discuss this issue. Bill Casey, publisher of the Daily Iowan, Denver Dickson, representing the Cedar Rapids Gazette, and Bob Sharp, state circulation manager for the Des Moines Register, also spoke in favor of working on this issue with City staff before passing an ordinance. Larson said there may be advantages to having a voluntary agreement with area publishers. Courtney asked Mary Stier why thePress- Citizen uses so many newspaper vending machines. Stier said it enables the Press -Citizen to sell more newspapers. Stier noted that newspaper rack sales are the fastest growing area. Courtney said the number of newspaper vending machines in the downtown plaza is a sin. Council agreed that staff should meet with area publishers to work on the newspaper vending machine issue. Atkins stated Council needs to indicate to staff what the acceptable elements of the ordinance are. Ambrisco said it is the City Council's responsibility to keep Iowa City beautiful. Ambrisco stated the proliferation of newspaper vending machines should be addressed voluntarily. Courtney suggested that the Design Review Committee be involved in discussions regarding the newspaper vending machines. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 5 COUNCIL TIME/AGENDA: Reel 88-41, Side 1 1. McDonald stated Council received correspondence from the Iowa City and Coralville Convention and Visitors Bureau requesting $5,000 to be used for the Bureau's restricted loan fund. Courtney explained the Bureau loans money to organizations to enable them to make bids for conventions to be held in Iowa City. The City Council agreed to appropriate the $5,000 to the Convention Bureau. 2. Atkins announced that the Heartland Management has requested use of the City Council Chambers at 10:30 Tuesday to present information relating to Cedarwood. 3. Larson noted that applications to fill the Council position to be vacated by Kate Dickson are still being accepted. No deadline currently exists. 4. (Agenda item No. 12 - Chapter 28E Agreement with University/Chilled Water Facility.) Timmins distributed the draft of the 28E Agreement between the City of Iowa City and the University of Iowa providing for the development, use, occupancy, management and operation of the University/City parking and chilled water facility and water storage facility. Timmins noted the resolution of intent for the 28E Agreement is scheduled on Council's formal agenda. The final form of the documents will be presented to Council on Tuesday. (Further discussion after Item No. 5.) 5. (Agenda Item No. 14 - A license agreement between Iowa City and AT&T.) Timmins said the proposed draft of the map will be presented to Council and the City has accepted a one-time discount license fee of $5,825 instead of the proposed $1,000 per year for the 25 year term. 4. (Continued.) Larson asked if the public will be able to used the proposed University parking facility. Timmins stated parking will be controlled by the University. Atkins said he will ask the University about the use of the parking facility. (Agenda Item No. 11 - Agreement between City and Stanley Consultants for provision of valued engineering/wastewater transportation facilities improvements project.) Horowitz asked how the Part H Subsection I differs from what Iowa City hired a consultant manager for. Timmins said this agenda item relates to milestone schedule for all of the sewer project. Atkins explained the City is managing neighborhood sewers and interceptor sewers in-house and to possibly become eligible for federal assistance for the neighborhood sewers and interceptors, the City must do a valued engineering program by an independent contractor. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-41, Side 2 Moved by Ambrisco, seconded by Dickson, to adjourn to executive session under Section 21.5I. to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual has requested a closed session (City Attorney evaluation). Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the motion carried. The Council adjourned to executive session at 8:05 p.m. 9 OFFICIAL COLNCIL ACTIONS - 7/26/88 The cost of publishing the following proceed- ings and claims is f . Cumulative cost for this calendar year for said publication is 5 Iowa City Council, M. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Coumcilmambers present: Anbrisco, Courtney, HoroAtz, Larson, McDonald. Absent: Dickson, Strait. Moved and seceded that the follaking items and recamerdations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meting of 7/12/88, as published, subject to correction, as reca rmended by the City Cleric. Minutes of Boards and Cammissio ns: Housing Carom. - 6/14, 7/12; Historic Preserva- tion Cann. - 6/8; Bd. of Adjustment - 6/8 & 6/9; Police and Fire Retinment Systems Board joint meeting - 5/31; P&Z Cum. - 7/7; Resources Conservation Cann. - 5/9; Sr. Center Cam. - 5/16; . Broadlband Telecom. Cama. - 4w; Airport Cann. - 5/18, 5/24, 5/25, 5/26, 6/2. Permit Motions and Resolutions: Class C Liquor License for Cheers & Misque, 211 Iowa Avenue. Class C Liquor License for Tuck's Place, 210 N. Linn Street. Class C Liquor License for The Field House, 111 E. College Street. Class C Liquor License for Gas Co. Inn, 2300 Muscatine Avenue. Class C Liquor License for 6:20, 620 South Madison Street. Class B Beer Permit for Lotito's Pizza Ltd., 321 S. Gilbert Street. Class C Bear Permit for Dan's Mustang Market, 933 Sub Clinton. RES. 88-161, ISSUING DANCING PERMITS. Setting Public Hearings: RES. 88-162, RESOLUTICN OF INN TO D19M OF A RIITICI CF VACATED STREET RIGHT-OF-WAY ADJACENT TO HJRACE MAN SCHOOL BY SELLING SME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJINCfICN WITH THE PREUCIL SCHOOL OF MLSIC AND SETTING A RELIC HFARIt1G THEREON for 8/9. Correspondence: Letters expressing opposition to the proposed zoning change to allow duplexes at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road: Don McChristy, Melvin and Sarah Hoffman, Richard and Charlotte Robbins, Paul and Jill Var& pe, Dana Milbrandt, M•. and Ms. W.D. Cramer, Rose LeGrarge, Robert and Karla Peiffer, Hoard Gosnell. Diana Thrift and Witold Krajmwski expressing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Duren; stop sign installation on Court Street at Scott Official Actions July 26, 1988 Page 2 Boulevard; stop sign installation on Loef fest Branch Road at Scott Boulevard; stop sign installation on Washington Street at Scott Boulevard. Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center far permission to have a table on City Plaza from which to distribute literature and offer rafts for donations, approved. The Mayor declared the motion carried. Moved and seceded to set a public hearing for 8/9/86, on an ordinance to redesignate that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-wrdy lire of Harrison Street an alley. The Mayor declared the motion carried. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive frvn CI -I to CC -2. Mored and seconded that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -I to CC -2, be given first vote for passage. i The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Camercial (CC -2) zone as a permitted use. Moved and seconded that an ordinance to arend the Zoning Ordinance to allow food lockers in the Comnnity Commercial (CC -2) zone as a permitted use, be given first vote for passage. The Mlyar declared the motion carried. Mored and seconded that an ordinance to vacate a portion of Maiden lane be given first vote for passage. The Mayor declared the motion carried. Moved and seconded that an ordinance to rezone properties at 1807, IB09, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8, be given first vote for passage. Don Mcthristy, ISM DeForest, Charlotte Robbins, 1815 DeForest, appeared in opposition to the proposed rezoning. The Mayor declared the motion defeated. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. Moved and seconded to accept the aaedrents as presented and give third consideration at this time. The Mayor declared the motion carried. Moved and seconded that an ordinance to vacate portions of Capitol and Bloomington Street be given third consideration at this time. The Mayor declared the motion carried. The Mayor announced the following vacancies: Bd. of Electrical Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; official Actions July 26, 1986 Page 3 Brnadnand Telecamrnications Corm. - ore vatary far an wagired tenn ending 3/13/89. These appoint- ments will be nide at the 9/6 meeting of the City Cantil. Recamgndation of the Breadbard Telemimnica- tions Conmission that Council authorise the spading of up to $4,000 fran the cable TV b4et to hire a consultant. The consultant will facilitate the developent of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non-Pmflt Organization (NPO). Moved and seconded to adopt RES. 86-163, RESCINDING PRIOR RESOLUTION NO. 82-234 IND FMING FOR AN AM9Mff TO 11E FEE MOM FOR SIGN ERECTORS' LICENSES PAD SIGN PER411S BY AIBONIIING A MAXIMUM PERMIT FEE FOR EVNM SIGNS. Moved and seceded to adopt RES. 88-164, 4ARDING CONTRACT AND AUTHORIZING TIE MAYOR TO SIGN APD THE CITY CLER( To ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL EXCAVATION PWJECT. Moved and seconded to adopt RES. 86-165, APPROVING AND AUTHORIZING AND DIRECTING TIE MAYOR IND CITY CLEI>IC to ATTEST AN AGREEMENT BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE IND ETNVIRONMNTAL REVIEW FOR 1HE WASTEWATER TRANSPORTA- TION FACILITIES IMPM MEM PROJECT. Moved and seconded to adopt RES. 88-166, A REVISED RFSOLUTICN OF INTENT TO ENTER INTO A CH FTR 2BE AfJ+I w WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVEL0FT49T, USE, OCCUPANCY, WMIE NT, AND OPER+ATICN OF A UNIVFRSINY/CITY PANELING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIOS OF BLDCMINGTCN AND CAPITOL STREETS, IND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOM ADDITION. Moved and seconded to adopt RES. 84.167, DW To OUR POWER LINE FASEAEtNTS TO IOWA -ILLINOIS GAS 6 ELECTRIC MWMJ, ALL IN CONNECTION WITH 1HE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR 11E SOUTH WASTEWATER TRFATMiENT PUNT. Moved and seconded to adopt RES. 86-168, APPROVING AND AUTHORIZING AND DIRECTING THE MANOR IND CITY CLERC TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY NO AMERICAN TELEHDNE AND TELEGRAPH COMPANY TO PROVIDE FCR THE INSTALLATICN AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FCR THE PROVISION OF LOG DISTANCE TELEPHONE MD TELECIt"ICATIOS SERVICE To IC014 CITY AND ITS ENVIRONS. official Actions July 26, 1988 Page 4 fled and seconded to adopt RES. 88-169, UNCLASSIFIED SMARIES MD WIFEWTION FOR FISCAL YEAR 1989 FOR THE Cm WPNCER IND CM CLFIK. Moved and seconded that ORD. 88-3387, M4DING Oii4WIER 32.1, ENTITLED "TASATION MD WRW CF 1HE CEDE OF WIMAIW OF THE CITY OF ICNA CITY, IM, BY M MING SECTICN 32.1-63 THEREIN TO INCREASE TEE MDLNT OF THE FINE PROVIDED FCR ILLEGAL WV4CING FOR A WNDICAPPED ZONE AS REQUIRED 8V SECQCN EDIE.6 RD 805.8 OF THE ICW1 CODE, AS MENDED, be passed and adopted. Novel and seceded to adjourn 8:45 P.M. The Mayor declared the motion carried. A more cmplete description of Council activities is on file in the office of the City Clerk. s/in KWALD, MAYOR s/MARUN K. KW, CITY CLERK 9boitted for publication $/4/88. I 9 COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES July 26, 1988 Iowa City Council, reg. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald. Absent: Dickson, Strait. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmadeke, Fosse, Beagle. Council minutes tape recorded on Tape 88-39, Side 2, 320-1; 88-45, Sides 1 & 2, 1 -End. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 7/12/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Comm. - 6/14/88, 7/12/88; Historic Preservation Comm. - 6/8/88; Bd. of Adjustment - 6/8 & 6/9/88; Police and Fire Retirement Systems Board joint meeting - 5/31/88; P&Z Comm. - 7/7/88; Resources Conservation Comm. - 5/9/88; Sr. Center Comm. - 5/16/88; Broadband Telecomm. Comm. - 6/22/88; Airport Comm. - 5/18, 5/24, 5/25, 5/26, 6/2/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Cheers, Inc. dba Cheers & Misque, 211 Iowa Avenue. Approving a Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn Street. Approving a Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College Street. Approving a Class C Liquor License for KJ Enterprises Co. dba Gas Co. Inn, 2300 Muscatine Avenue. Approving a Class C Liquor License for 6:20 Inc. dba 6:20, 620 South Madison Street. Approving a Class B Beer Permit for Lotito's Pizza Ltd. dba Lotito's Pizza Ltd., 321 S. Gilbert Street. Approving a Class C Beer Permit for Voss Petroleum Company of Iowa City dba Dan's Mustang Market, 933 South Clinton. RES. 88-161, Bk. 98, p. 161, ISSUING DANCING PERMITS. Setting Public Hearings: RES. 88-162, Bk. 98, P. 162, RESOLU- TION OF INTENT TO DISPOSE OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF MUSIC AND SETTING A PUBLIC HEARING THEREON for 8/9/88. Correspondence: Letters expressing opposition to the proposec zoning change to allow duplexes at 1807, 1809 1813, 1819, 1825 and 1831 Lower Muscatine Road: Don McChristy, Melvin and Sarah Hoffman, Richard and Charlotte Robbins, Paul and Jill VanDorpe, Denna Milbrandt, Mr. and Mrs. W.D. Cramer, Rose LeGrange, Robert and Karla Peiffer, Howard Gosnell. Diana Thrift and Witold Krajewski express- ing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Buren; stop sign installation on Court Street at Scott Boulevard; stop sign installation on Lower West Branch Road at Scott Boulevard; stop sign installation on Washington Street at Scott Boulevard. Council Activities July 26, 1988 Page 2 Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to have a table on City Plaza from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Ambrisco, seconded by Courtney, to set a public hearing for 8/9/88, on an ordinance to redesignate that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street an alley. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker), be given first vote for passage. Ambrisco noted that not enough Councilmembers were present for waiving of readings and hoped that the matter could be expedited at the 8/9/88 meeting. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker), be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate a portion of Maiden lane be given first vote for passage. Larson questioned the status of the vacation if Mr. Chait did not purchase the other parcel. The City Attorney stated that the vacation was one step in the process and that Mr. Chait had no right to the alley until a deed was issued. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that an ordinance to rezone properties at 1807, 1809, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8, be given first vote for passage. Don McChristy, 1804 DeForest, Charlotte Robbins, 1815 DeForest, appeared in opposition to the proposed rezoning. Individual Councilmembers expressed reasons for denying the request. The Mayor declared the motion defeated on unanimous roll call vote, 0/5, Dickson, Strait absent. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. The City Council Activities July 26, 1988 Page 3 Attorney reported that item N12 on the agenda is a proposed 28E agreement with the University that will convey portions of this property being vacated. He stated the ordinance was in error and distributed a corrected version of the ordinance that would pare back a portion on Capitol Street. He suggested that Council amend the ordinance, give third consideration, and wait until the 8/9/88 meeting for fourth and final passage at the same time as the resolution authorizing execution of the 28E agreement is voted upon. The City Attorney noted that the resolution of intent, item H12, has also been amended to reflect the corrected list of conveyances. Moved by Larson, seconded by Ambrisco, to accept the amendments as presented and give third consideration at this time. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate portions of Capitol and Bloomington Street be given third consider- ation at this time. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and noted the matter would be scheduled for final consideration on 8/9/88. The Mayor announced the following vacancies: Bd. of Electrical Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; Broadband Telecommunications Comm. - one vacancy for an unexpired term ending 3/13/89. These appointments will be made at the 9/6/88 meeting of the City Council. Councilmember Horowitz noted the copy of the letter from the City Mgr. to the Corps of Engineers regarding the application from Jim Glasgow Construction, and questioned other areas of the City that may be filled in like this property. The City Mgr. stated that in addition to Sturgis Ferry, about 7 or 8 other areas would fit into the category. Courtney noted the memo from the City Manager regarding traffic conditions along Highway 1 West, and asked that copies be sent to local merchants. Recommendation of the Broadband Telecommunications Commission that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non -Profit Organization (NPO). Councilmembers requested more information prior to making a final decision. The Asst. City Mgr. stated more information would be provided and the matter would be presented as a budget amendment at a later time. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-163, Bk. 98, p. 163, RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS' LICENSES AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. Ambrisco noted problems last year regarding enforcement of the old resolution and asked that all fraternities and sororities be notified of the change. Larson asked that in the future the Planning and Zoning Commission consider relaxing the sign requirements. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-164, Bk. 98, p. 164, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL Council Activities July 26, 1988 Page 4 EXCAVATION PROJECT, to Barkers, Inc., for $116,260.16. The City Mgr. stated the landfill project needed to proceed and therefore the alternate project, firearms training project, would not be awarded at this time. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-165, Bk. 98, p. 165, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT, for $65,200.00. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was considera- tion of a 28E agreement with the University re the University/City parking and chilled water facility and a water storage facility. The City Attorney noted that a revised resolution had been distributed. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-166, Bk. 98, p. 166, A REVISED RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. The City Attorney explained that the agreement relates to this project only and that a final version would be available by the end of the week. He noted that the width and surfacing of the fire lane easement would be contingent upon approval by the Fire Chief. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-167, Bk. 98, p. 167, INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -ILLINOIS GAS & ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. In response to Ambrisco, the City Attorney reported on the status of two condemnation proceedings, Kent Braverman and Pleasant Valley Nursery. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 88-168, Bk. 98, p. 168, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLA- TION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. The City Attorney distributed copies of the AT&T license agreement and stated that a revised Exhibit A - map showing location of fibre optic system, Exhibit B -copy of an insurance certificate, and a check for $5,825 would be delivered to the City prior to execution of the agreement. He noted that the check reflected the up- front cost of $1,000 per year minus the discount. Affirmative roll call Council Activities July 26, 1988 Page 5 vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-169, Bk. 98, p. 169, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK, $67,912/year plus a one-time 4% bonus for the City Manager and $31,512/year for the City Clerk. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that ORD. 88-3387, Bk. 29, p. 29, AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTION 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED, be passed and adopted. Ambrisco noted that recent State legislation increased the fine for parking in a handicapped parking stall but encouraged the State to pursue additional legislation. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Larson, to adjourn 8:45 p.m. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 9, 1988 Iowa City Council, reg. mtg., 8/9/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Helling, Boyle, Karr, Schmeiser, Boothroy, Schmadeke. Council minutes tape-recorded on Tape 88-45, Side 2, 656-1; 88-47, Sides 1 & 2, 1 -END; 88-48, Side 1, 1-535. The Mayor proclaimed August 19, 1988, as PARKER AND PARKING EMPLOYEES APPRECIATION DAY, Parking Supervisor Joe Fowler accepted the proclamation; UNITED STATES CONSTITUTION RATIFICATION YEAR - 1988. Moved by Ambrisco, seconded by Strait, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 7/26/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Sr. Center Comm. - 6/20/88; Airport Comm. - 6/21/88; Human Rights Comm. - 4/25/88; Police and Fire Retirement Systems Bd. joint meeting - 6/28/88; Riverfront Comm. - 7/6/88, 7/13/88. Permit Motions and Resolutions: Approving a Class C Liquor License for George's Buffet, Inc. dba George's Buffet, 312 Market Street. Approving a Class C Liquor License for Billy's LTD. dba Billy's, 819 -1st Ave. Approving a Class C Liquor License for Cedar River Pasta Company, Inc. dba Carlos O'Kelley's Mexican Cafe, 1411 S. Waterfront. Approving a Class E Beer Permit for L&M Mighty Shop, Inc. dba L&M Mighty Shop, Inc. 504 E. Burlington Street. Approving a Class C Liquor License for Senior Pablo's LTD. dba Senior Pablo's LTD., 830 -1st Avenue. Approving a Class A Liquor License for Loyal Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge #1096, 2910 Muscatine Avenue. RES. 88-170, Bk. 98, p. 170, ISSUING DANCING PERMIT. Approving a 14 -Day Class B Beer Permit for Iowa City Fall Fun Festival Inc. dba Iowa City Fall Fun Festival, 2150 Rochester Avenue. Motions: Approving disbursements in the amount of $6,768,784.87 for the period of 6/1 thru 6/30/88, as recommended by the Finance Director, subject to audit. Correspondence: Hank Miguel, of the Iowa City Yacht Club, regarding requirements of Ord. 80-2989 which requires that sales of liquor or beer be 50 percent or less of total sales. Paul Dunlap expressing opposition to the designation of a portion of Maiden Lane as an alley. Iowa Department of Natural Resources advising of plans to conduct three Toxic Cleanup Day Programs and soliciting cities to host the events. The Johnson County Health Department is currently putting together a bid for a Cleanup Day in the Iowa City area and has requested a letter of support from Iowa City. Letters expressing support of the sale by the City to Preucil School of Music of a Minutes Council Activities August 9, 1988 Page 2 parcel of vacated street right-of-way to be used for parking; Mrs. Leslie C. Tyler, Helen Finken, Thomas Holmes and Holly Martin, Dan and Marcia Boyer, Gene Nugent, John P. Le Peau, Cecile and Ronald Owings, Lloyd John Luke, Nancy Conybeare, Barbara H. Yerkes, Jane and Fred Pampel, John S. Nelson, Dr. Michael and Linda Todd, Donald Macfarlane. Letters expressing opposition to the sale of property to Preucil School of Music from: Edna M. Shaller, Mrs. E.J. Schuppert, Mrs. Marian Gaffey, Mr. and Mrs. John Novotny, Kathryn Moos, Wendy Rayston, Clint Rayston, Nancy Hindes, Gertrude Englert, Irene Royston. Memo from the Traffic Engr. re lane markings on Rochester Avenue west of Elizabeth Street. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Civil Rights Coordinator; Firefighter/Fire Department; Senior Clerk Typist/Pollution Control Division; Account Clerk/Treasury Division; Parking Enforcement Attendant/Parking Systems Division; (PPT) Cashier/Treasury Division; Housing Inspector/Housing and Inspection Services Department; Maintenance Worker III -Night Crew/Parking Systems Division; Cashier/Parking Systems Division; (PPT) Parking Enforcement Attendant/Parking Systems Division; Maintenance Worker II-Towing/Parking Systems Division; Cashier/Treasury Division; Maintenance Worker II/Cemetery Division; Maintenance Worker II/Recreation; Maintenance Worker I/Streets Division; (PPT) Maintenance Worker I-Towing/Parking Systems Division; Maintenance Worker I/Central Business District. Applications for Use of Streets and Public Grounds - Tim Finer on behalf of the Chamber of Commerce to have the annual Bed Races on 9/16/88, approved. Mike and Mary Ann Wallace to have the Regina Fall Fun Festival Walk/Run on 9/3/88, approved. Applications for City Plaza Use Permits: Erica Kaisner and Craig Chesler to set up a table from which to distribute literature regarding environmental issues on 7/21/88, approved. Latin American Human Rights Advocacy Center to set up a table from which to distribute literature and offer crafts for donations on 7/25-31/88, approved. Susan Savva to set up a table from which to distribute literature regarding food irradiation on 7/28/88, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. A public hearing was held on an ordinance to vacate a 3,778 square foot portion of Waterfront Drive right-of-way (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, that the ordinance Minutes Council Activities August 9, 1988 Page 3 vacating a 3,778 square (Gay's Locker), be given vote unanimous, 7/0, all motion carried. foot portion of Waterfront Drive right-of-way second vote for passage. Affirmative roll call Councilmembers present. The Mayor declared the A public hearing was held on an ordinance to designate as an alley that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street. John Rummelhart and Paul Dunlap, property owners in the area, appeared. PPD Director Schmeiser present for discussion. Council agreed to continue the public hearing to allow the property owners and staff to address questions raised and explore options prior to action. Moved by Ambrisco, seconded by Strait, to continue the public hearing to 9/6. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Ambrisco, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3388, Bk. 29, p. 30, TO REZONE A 1.808 ACRE TRACT LOCATED AT 1421 WATERFRONT DRIVE FROM CI -1 TO CC -2 (GAY'S LOCKER), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and that ORD. 88- 3389, Bk. 29, p. 31, TO AMEND THE ZONING ORDINANCE TO ALLOW FOOD LOCKERS IN THE COMMUNITY COMMERCIAL (CC -2) ZONE AS A PERMITTED USE (GAY'S LOCKER), be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Strait, seconded by Horowitz, that the ordinance to vacate a portion of Maiden Lane, be given second vote for passage. Council discussed possible options available if the vacation would be completed but the St. Patrick's school renovation project proposed by Mr. Chait would not proceed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Dickson, that ORD. 88-3390,Bk. 29, p. pted. Affirmative roll call vote unanimous, 7/0, all Co 32, VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS, be passed and adopt present. The Mayor declared the ordinance adopted. Minutes Council Activities August 9, 1988 Page 4 Moved by Dickson, seconded by Courtney, to adopt RES. 88-171, Bk. 98, p. 171, APPROVING THE PRELIMINARY AND FINAL PLATS OF IMPERIAL COURT INDUSTRIAL PARK, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a 4.615 acre, 11 -lot industrial subdivision proposed east of South Riverside Drive, across from the Municipal Airport. Ambrisco reiterated informal discussion regarding a concern by industrial neighbors in the area regarding the difficulty of large trucks turning onto Hwy. 218 without having to cross the center line and reported that staff and the developer have assured Council that the entire configuration of the lot will be changed and the problem eliminated. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Ambrisco, to adopt RES. 88-172, Bk. 98, p. 172, APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR IOWA CITY READY MIX, INC., generally located east of South Riverside Drive and south of Sturgis Ferry Park. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-173, Bk. 98, P. 173, APPROVING THE PRELIMINARY AND FINAL PLATS OF A RESUBDIVISION OF GOVERNMENT LOT 4, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, a 3 - lot, 3.37 acre commercial subdivision on Waterfront Drive. Horowitz noted the waiver by P&Z of a sidewalk along Waterfront Drive at this time and asked Council to consider carefully waiving the City responsibility. She stated her understanding that two things were taking place. One, that the City will be concerned about preparing a temporary sidewalk during the construction of the sludge force main, and secondly, that a sidewalk be put in after construction is completed. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adopt RES. 88-174, Bk. 98, p. 174, SETTING FORTH THE REASONS FOR DENIAL OF THE REZONING REQUEST FOR PROPERTY AT 1807, 1809, 1813, 1819, 1825 and 1831 LOWER MUSCATINE ROAD. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Larson, to adopt RES. 88-175, Bk. 98, p. 175, EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLANS FOR LOTS 1 AND 6, BDI SECOND ADDITION, for a period of 12 months. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Ambrisco, to accept the recommendation of the Planning and Zoning Commission concerning a proposed County rezoning of a 1.69 acre tract approximately one mile east of Iowa City from A-1 to RS. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Minutes Council Activities August 9, 1988 Page 5 A public hearing was held on a resolution authorizing conveyance by Quit Claim Deed of a portion of vacated street right-of-way adjacent to Horace Mann School to William and Doris Preucil. PPD Director Schmeiser presented a map of the area. The following people appeared: Atty. Clemens Erdahl, rep. Doris & Bill Preucil; Dr. Donald Macfarlane, Board President, Preucil School of Music; Dr. John MacIndoe, Horace Mann PTO; Nancy Hindes, 728 Fairchild; Illene Hollbrook, 430 Brown; Chuck Hindes, 728 Fairchild; Joy Smith, 523 E. Church; Nancy Macfarlane, teacher at 1 Preucil School; Ralph Neuzil, rep. Mr. and Mrs. Bob Gaffey; Donald Dolezal, 512 Church; Mrs. Donald Dolezal, 512 Church; Tom Immerman, 412 Grandview Ct. Apts.; Gertrude Englert, 413 E. Church; Betty Maxwell, 521 Church; Cecile Owens, 2225 E. Court; Irene Royston, 511 N. Johnson; Herbert Wilson, Bd. of Directors, Preucil School. The Mayor announced that action would be taken on this request at the 8/23 Council meeting. Council recessed for ten minutes. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, a Chapter 28E agreement with the University of Iowa, providing for the development, use, occupancy, management, and operation of a University/City Parking and Chilled Water Facility and a Water Storage Facility, and providing for the City's conveyance to the University of certain interests in vacated portions of Bloomington and Capitol Streets, and in the Alleys in Block 100, Original Town Addition. No one appeared. Moved by Strait, seconded by Dickson, to adopt RES. 88-176, Bk. 96, P6 176, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE IONS OF BLOOMINGTON TAND HCAP TOL STREETS, ANDE UNIVERSITY OF IN THE AIN T ALLEYS IN BLOCK ERESTS IN E10 ORTORIGINAL TOWN ADDITION. Horowitz commended the City Legal staff for the work done on the agreement. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on a resolution approving and authorizing and directing the Mayor and City Clerk to execute and attest, respectively, three power line easements in favor of Iowa -Illinois Gas and Electrith the accessiroadmf rythell in Southconnection WastewaterwTreatmentiPlant. Noacquisition one appearelantd. Moved by Strait, seconded by Courtney, to adopt RES. 88-177, Bk. 98, P6 177, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE EASEMENTS IN FAVOR OF CITY'SAACQUISIITIONAOFANA PLANTRIACCESSPAROADALFORINTHECONNECTION WITH THE SOUTH WASTEWATER TREATiilmemberspresent. PLANT.ENT The Mayor declared the resolutiofirmative roll call vote n adopall ted. Counc Minutes Council Activities August 9, 1988 Page 6 A public hearing was held on an ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisance," and by enacting in lieu thereof a new Article VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances. No one appeared. Moved by Courtney, seconded by Dickson, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Dickson, Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Moved by Courtney, seconded by Strait, that the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City, by repealing Article VI thereof entitled "Nuisances," and by enacting in lieu thereof a new Article VI, to be codified the same, containing new definitions, standards and procedures for the Abatement of Nuisances, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. + Moved by Ambrisco, seconded by Dickson, to appoint Reginald Williams, 2312 Muscatine Avenue N4W, to the Housing Commission for an unexpired term ending 5/1/89. The Mayor declared the motion carried, 7/0, all Councilmembers present. Councilmember Horowitz reported that the East Central Council of Governments had supported the Council recommendation relative to the Jim Glasgow application for fill for property off of Dubuque Street. Recommendations of the Riverfront Commission noted as follows: (1) That the Gay's Locker subdivision and rezoning applications be approved. There were no riverfront-related objections to the proposed development. The Commission voiced a strong consensus that the development would upgrade the site and enhance the commercial neighborhood in which it is located. (2) That the approval of Idyllwild Development Plan as shown on the 6/10/88 plat be approved. There were no riverfront-related objections to the proposed development. (3) That the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred, and force removal of the fill if it is found to be illegal. (4) That approval of the LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. (5) That, concerning the Glasgow application for fill and riprapping, the U.S. Army Corps of Engineers be formally requested to enforce the wetlands provision of Section 404, the Clean Water Act. Specifically, the Corps Minutes Council Activities August 9, 1988 Page 7 should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetland and restore those wetlands to previous conditions. Moved by Ambrisco, seconded by Strait, to adopt RES. 88-178, Bk. 98, p. 178, AUTHORIZING THE EXECUTION OF AN AMENDATORY AGREEMENT TO ANNUAL CONTRIBUTIONS CONTRACT NO. KC -9033E (Dated 2-2-87). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Dickson, to adjourn 10:30 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. I � ohn McDonald, Mayor A'e n TfNV Marfan K. Karr, City Clerk 9 3-a') MINUTES SENIOR CENTER COMMISSION JUNE 20, 1988 MEMBERS PRESENT: Jack Bock, Gerri Busse, Lorraine Dorfman, Dorothy Fiala, Bud Gode, Geri Hall, Jean Hood, Ruth Wagner MEMBERS ABSENT: Emmett Evans STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: Leo Cain, Wendell Thomas, Council of Elders CALL TO ORDER/INTRODUCTION/MINUTES/PUBLIC DISCUSSION: I Hall called the meeting to order at 3:01 p.m. Minutes were approved as read, all ayes. There was no public discussion. COUNCIL OF ELDERS REPORT: Thomas reported that Older Americans' Day at the Center was very successful. The afternoon program was especially funny and entertaining, and because everyone enjoyed it so much, the Council plans to have more "happy" programs along with the more serious fare. Thomas said the Council had $127 remaining in their budget, and they had voted to buy badges identifying each as a Council of Elders member. Thomas said part of this job was to receive compliments as well as complaints. They feel the badges will make them more accessible. In summary, Thomas said the Council was to be more visible, more upbeat, and to encourage more participation. He mentioned that there were always projects that needed attention, for example, the Eldercraft Shop, September dance, etc. Meisel said September is the birthday month for the Center, and perhaps other events could be incorporated with the dance. SENIOR CENTER UPDATE: Meisel reported that each dining room table now had a plexiglass holder for announcements. She said that the Eldercraft Shop managers wanted to purchase new fixtures for the shop which would offer more flexibility for display than the ones presently in use which had been donated by Younker's and renovated by the City. Diane Pearson, interior designer from Hansen Lind Meyer who designs gift shops for hospitals, would be coming to look at the Eldercraft Shop. Gode gave a report on the pool players' meeting. He said that he and Lori Benz had met with them, and they all came away from the meeting with only one minor suggestion for improvement - a sign indicating welcome and/or a sign on the bulletin board. The consensus among the pool players was that taking reservations for playing time was not necessary and was unworkable. They also felt that a lack of friendliness was not a problem. 1155 OF PRECEDING DOCUMENT 3401 I MINUTES SENIOR CENTER COMMISSION JUNE 20, 1988 MEMBERS PRESENT: Jack Bock, Gerri Busse, Lorraine Dorfman, Dorothy Fiala, Bud Gode, Geri Hall, Jean Hood, Ruth Wagner MEMBERS ABSENT: Emmett Evans STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: Leo Cain, Wendell Thomas, Council of Elders CALL TO ORDER/INTRODUCTION/MINUTES/PUBLIC DISCUSSION: Hall called the meeting to order at 3:01 p.m. Minutes were approved as read, all ayes. There was no public discussion. COUNCIL OF ELDERS REPORT: Thomas reported that Older Americans' Day at the Center was very successful. The afternoon program was especially funny and entertaining, and because everyone enjoyed it so much, the Council plans to have more "happy" programs along with the more serious fare. Thomas said the Council had $127 remaining in their budget, and they had voted to buy badges identifying each as a Council of Elders member. Thomas said part of this job was to receive compliments as well as complaints. They feel the badges will make them more accessible. In summary, Thomas said the Council was to be more visible, more upbeat, and to encourage more participation. He mentioned that there were always projects that needed attention, for example, the Eldercraft Shop, September dance, etc. Meisel said September is the birthday month for the Center, and perhaps other events could be incorporated with the dance. SENIOR CENTER UPDATE: Meisel reported that each dining room table now had a plexiglass holder for announcements. She said that the Eldercraft Shop managers wanted to purchase new fixtures for the shop which would offer more flexibility for display than the ones presently in use which had been donated by Younker's and renovated by the City. Diane Pearson, interior designer from Hansen Lind Meyer who designs gift shops for hospitals, would be coming to look at the Eldercraft Shop. Gode gave a report on the pool players' meeting. He said that he and Lori Benz had met with them, and they all came away from the meeting with only one minor suggestion for improvement - a sign indicating welcome and/or a sign on the bulletin board. The consensus among the pool players was that taking reservations for playing time was not necessary and was unworkable. They also felt that a lack of friendliness was not a problem. //S5 Senior Center Commission June 20, 1988 Page 2 Hall said she saw two problems with the game room. She had received a call at home from a gentleman who had been at the Center twice, and he was questioning why no one welcomed him. The expectation of new people to be warmly welcomed and not being so, is problem H1. Hall said problem H2 was scheduling. She questioned whether play on the second table could be scheduled. She also felt the welcome sign was a good idea and would be a good project for Patty Westercamp. After the discussion, it was agreed that a friendly welcome sign and pursuing use of the room for darts and other games was the proper direction at this time. MEETINGS: PROCESS AND PROCEDURES: Hall said that she felt there needed to be some ground rules established regarding what was the appropriate way to deal with non -agenda items that arise during meetings. Hall was concerned about the lengthy discussion which took place at the May meeting concerning purchasing a cabinet to be used for storing purses belonging to the Host/Guides while they were on duty. Hall said that several agenda items had to be postponed because of this discussion. She explained that she was also concerned about what was or was not an appropriate issue for the Senior Center Commission to consider. She emphasized that there should be a way to maintain tighter control over the agenda. Busse said that at the last meeting, because of the feelings displayed, the issue needed to be handled at the time. Dorfman felt the issue was a procedural one - SCC responsibilities and staff responsibilities should be clarified and that the amount of time spent on discussion of any one item should be limited. Hall suggested that when concerns are brought to the Commission, perhaps they should be explored briefly, and then scheduled as an agenda item for the next monthly meeting. She said if the issue is an emotionally charged one, holding an item for the following month would work to dispel this somewhat. Wagner said she sees the problem as one of communication. This needs to improve among the Council of Elders, Senior Center Commission, and staff in order to meet long-term needs and to benefit the long-term goals of the Senior Center. During the discussion several suggestions were made. Busse suggested quarterly joint Council of Elders and Senior Center Commission executive committee meetings. Hall agreed that the last joint meeting was a good meeting which went a long way in improving communication. Hall said she felt it was important that the Commission not take over the role of the staff. Dorfman moved that as a policy for the Senior Center Commission, items for the agenda should be brought to the executive committee prior to the meeting and non -agenda items should be limited to ten minutes discussion. If more discussion is necessary, the item could be an agenda item for the following month's meeting. Wagner seconded. Motion carried, all ayes. //56- Senior Center Commission June 20, 1988 Page 3 GIFT FUND DISCUSSION: There was general discussion regarding what gifts are acceptable and the older policy statement which had been incorporated in the Senior Center Bylaws. It was decided that Meisel would rewrite this statement to include the way the Senior Center Gift Fund actually functioned. This new statement would be added to the Senior Center Operational Handbook. Resolution N79-462, which established the Senior Center fund for the management of gifts and memorials, was also discussed. This resolution, which is on file with the City Clerk, was passed by the City Council in 1979 and contains seven steps in the gift fund establishment. Busse felt that the word "manage" needed to be more clearly defined in step N3. Hall said item H4 needed to be modified. This item deals with approving expenditures and paying expenses directly related to securing contributions. Meisel explained it was the policy of the Senior Center staff to try to plan so that the Senior Center budget covers as many needs as possible. She said the Gift Fund had been used for items not covered by the City or County. Meisel said that the Gift Fund is not used as a replacement for other funds, but rather is a means of enriching the Senior Center for the benefit of seniors who come here. She explained that most of the money in the Gift Fund has come from the community - outsiders who believe in the Senior Center concept. Meisel said during the quilt raffle fund raiser for the computers, twice as much time was spent on the raffle process by staff and students as that spent by the raffle volunteers. Meisel said perhaps the five year goal committee would want to consider fees as one means of raising money - a dollar a month or 104 per visit. Other ways of raising money would also be considered by the committee in setting five year goals. Meisel said that since publicity benefits the programs and many programs are not filmed by City cable TV crews, perhaps investing in video equip- ment for the Center would be wise. This was a topic for future discus- sion. Also, Hall suggested that a brainstorming session be held on fund raising in the future. SENIOR CENTER/COUNCIL OF ELDERS RELATIONSHIP: Hall said she felt the information on duties and responsibilities of the Senior Center Commission and the Council of Elders along with the short description of each group to be very helpful. Meisel explained that since the creation of the Council of Elders, members have asked what its role is. This is not a problem as roles are constantly being redefined, depending on the current membership. This group is very active and they often feel cut off from decision making. 1iss Senior Center Commission June 20, 1988 Page 4 They feel since they are elected by their peers, they should have more say about what goes on. Hall said she understands the frustration the members of the Council of Elders feel in trying to find their proper role. She said dealing with the bureaucracy such as the City is difficult enough, and especially for the Council of Elders members who, in their pre -retirement lives, were accustomed to making decisions and seeing that these were carried out. At the Center, as an active leader, following the chain of command also adds to some of this frustration, Hall said. Meisel agreed that the word "advisory" was ambiguous and that giving advice does not always mean that it will be followed. That is also part of the advisory role. It was urged by Wagner and Busse that the Council of Elders and Senior Center Commission meet together at least once or twice a year in order to learn more about each other and in turn build a working relationship that would be to everyone's benefit. It was agreed that an hour joint meeting followed by a tea or social hour would be tried. Hood moved that the Senior Center Commission invite the Council of Elders to join them in a one-hour meeting in September to learn more about each other and to follow this meeting with a social hour. Busse seconded, motion carried, all ayes. Cain and Thomas both agreed that they did feel better about what their roles are and agreed that more communication between both groups could only benefit the relationship. ASSIGN MONTHLY VISITS: The following schedule for monthly visits to Board of Supervisors, City Council, and Council of Elders was set: July - Busse, August - Hall, September - Fiala, October - Wagner, November - open, December - Hood. OPEN DISCUSSION: Several items to be considered for the July agenda were discussed, including volunteer recognition and the anniversary in September. Meisel told the Commission that the paid ad for the financing a nursing home program had brought in a larger crowd and younger family members. She said advertising would be considered as a budget item for next year. The meeting adjourned at 5:12 p.m. Minutes prepared by Joyce Phelps, Senior Center Secretary. Minutes approved by Ruth Wagner, Senior Center Commission Secretary. 1155 MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION MEETING JUNE 21, 1988 MEMBERS PRESENT: Ashby, Foster, Ockenfels, Lewis, Blum STAFF PRESENT: O'Neil, Sueppel, Wright GUESTS PRESENT: Ery Moses, Fred Zehr Chairman Ashby called the meeting to order at 7:05 p.m. Attendance and guests were noted. The minutes of the Commission's meetings on May 12, 18, 24, 25, 26 and June 2 were considered and approved as presented. Ron O'Neil presented an itemized list of bills for the month, and asked Zehr to explain them briefly. The bills were approved for payment as presented. AIRPORT LAYOUT PLAN REVISIONS: In consideration of Ery Moses from H.R. Green Company, it was decided to move immediately to Item 4-e. Zehr displayed revised ALP drawings which were prepared by H.R. Green company since the last meeting, showing a 4500' overall length of Runway 06/24, a relocated threshold of 475 feet on Runway 30, and a displaced threshold on Runway 12 of 275 feet, for a new runway length of 3150 for Runway 12 and 3425 for Runway 30. Also shown was the light lane for Runway 6, the localizer in the clear zone of Runway 24 next to the river, and the clear zone for Runway 17. Ery Moses assisted Zehr in discussing the changes. Blum moved to incorporate the new drawings as the current Airport Layout Plan, seconded by Ockenfels, and all members voted ayes. VASI LIGHT INSTALLATION ON RUNWAY 06/24: Ashby read Supplement #1, Lease #DOT-FA79CE-8400 regarding the addition of two tracts of land for a Visual Approach Indicator System on Runway 06/24. It was moved, seconded and agreed to sign the lease, and this was done. POWER REQUIREMENTS FOR UNITED HANGAR OFFICE SPACE: Blum explained the purpose and function of a voltage regulator which would boost or reduce voltage to prevent extremes in power delivery at the United Hangar office building. Ron O'Neil was asked to watch the situa- tion and take whatever action is necessary, providing the cost does not exceed the $2,500 limit for unauthorized expenditures. DEVELOPMENT OF AIRPORT LAND FOR COMMERCIAL/INDUSTRIAL USE: Blum reported a conversation with the Head of the Planning Department and, while there is nothing concrete to report as yet, Blum believes new developments are being considered. Airport Commission June 21, 1988 Page 2 Ockenfels suggested some areas of grass at the airport could be grown, cut and baled for hay rather than mowed. O'Neil will investigate. AIRPORT BREAKFAST: Zehr outlined the necessary chores which need to be done before the Annual Airport Breakfast on August 28. The Sertoma Club will provide services essentially the same as last year, and the Paper Airplane Flying Contest will again be held. CHAIRMAN'S REPORT: Chairman Ashby thanked all Commission members for their efforts in securing the new Airport Operations Manager. Ashby requested the issue of EPA standards as they pertain to the FBO's fuel tanks be placed on the next meeting agenda. PUBLIC AND COMMISSION MEMBERS' INFORMATION AND INPUT: Ron O'Neil requested clarification on several minor points regarding the letter of agreement between the Commission and the Operations Manager. O'Neil suggested some of the badly worn carpet in the Terminal Building be replaced. The next meeting was scheduled for July 21, 1988, at 7:00 p.m. The meeting was adjourned at 8:20 p.m. Recorder: Priscilla Wright C rperson A 343) MINUTES HUMAN RIGHTS COMMISSION APRIL 25, 1988 MEMBERS PRESENT: Reed, Belle, Haines, Mims, Powell, Haughton, Lu, Weilbrenner, Smithart MEMBERS ABSENT: None GUESTS PRESENT: University of Iowa Political Science Class STAFF PRESENT: Alexander RECOMMENDATIONS TO CITY COUNCIL: None. RECOMMENDATIONS TO CITY MANAGER AND STAFF: None. SUMMARY OF RELEVANT DISCUSSION: 1. The meeting was called to order at 7:00 p.m. by chairperson Reed. 2. Belle moved to approve the minutes of March 28, 1988. Seconded by Mims. The motion passed unanimously. 3. Commissioners introduced themselves to the guests. 4. In conciliation: a. E/S & NO, 10-23-8601. Alexander has contacted both parties. b. PA/S, 4-20-8701. Alexander will send out letters when stationery arrives. C. E/R, 5-9-8603. After meeting with complainant, conciliation team members felt that this may be a problem of poor management and a personality conflict between the complainant and the respondent. No probable cause letters were requested to go out. 5. In legal: There are two cases currently referred to legal staff. 6. Community Education: a. Haughton described the latest cable TV show. He advised Commissioners that someone had recently approached him suggesting a show on the Middle East controversy. Haughton indicated he will follow-up on this suggestion. b. Powell related information regarding conversations with the Press -Citizen about an article on human rights; more specifically, discrimination in Iowa City. Smithart plans to approach the Daily Iowan as well. x/57 9 Human Rights Commission April 25, 1988 Page 2 7. Old Business: None. 8. New Business: a. The Commission will have two representatives on the selection committee for the new Civil Rights Coordinator. b. Regarding HUD training in Atlanta during the week of May 30, 1988, Haughton will definitely attend. Both Powell and Belle indicated that they might attend. 9. Staff Report: The staff report was discussed. i 10. The meeting adjourned at 7:35 p.m. Minutes taken by Phyllis Alexander. MINUTES POLICE & FIRE RETIREMENT SYSTEMS BOARD - JOINT MEETING TUESDAY, JUNE 28, 1988 MEMBERS PRESENT: Larry Donner, Elmer Beckler, Nathan Hopkins, Thomas O'Brien, Harvey Miller, Matthew Johnson, Rosemary Vitosh MEMBERS ABSENT: Debora Hanson, Duane Allison, Mary McMurray The meeting was called to order at 3:05 p.m. in the Library Meeting Room C, Larry Donner presiding. ITEMS APPROVED: 1. Minutes of the May 31, 1988 Joint Board meeting were approved unanimously upon motion by Thomas O'Brien and second by Harvey Miller. 2. A request from Fire Chief Larry Donner that Firefighter William Farmer be considered for an accidental disability pension was discussed. Moved by Larry Donner, seconded by Elmer Beckler, to approve temporary disability status, authorization to schedule an examination at University Hospitals for Firefighter Farmer and reimbursement of all sick leave. The motion carried unanimously. 3. Fire Chief Larry Donner further reviewed his request that firefighter David Nealson be considered for an accidental disability retirement. An appointment has been scheduled for an examination for him at University Hospitals on July 21, 1988. Temporary disability status and approval of his proceeding with the examination at University Hospitals were approved unanimously upon motion by Thomas O'Brien and second by Nathan Hopkins. 4. Police Chief Harvey Miller discussed his recommendation that Sergeant Bill Cook be considered for an accidental disability retirement. Approval was given for temporary disability status, reimbursement of all sick leave and the scheduling of an appointment at University Hospitals upon motion by Harvey Miller and second by Matthew Johnson. ITEMS FOR DISCUSSION: 1. Police Chief Harvey Miller requested that Rosemary Vitosh give a status report on the University Hospitals examination for Loren Teggatz's accidental disability retirement request. Rosemary informed the Board that she had received word from the Hospitals that the three -doctor team had not as yet reached a decision on Sergeant Teggatz's disability status. It is possible that once all three doctors reach their individual decisions, that they will not have reached a consensus on his disability status. They expected to be able to provide the doctors' diagnosis in early July, 1988. Chief Miller pointed out that it was the Board who made the final decision on whether or not an accidental disability retirement status was proper; the doctors provide only a medical opinion on whether his disability is permanent and its impact upon his ability to perform in his current position. Chief Miller emphasized the need for filling Police & Fire Retirement Systems Board June 28, 1988 Page 2 the position as soon as possible due to the fact that the Police Department suffers from a shortage of staff. In addition, he stated that he wouldn't want Sergeant Teggatz working on the street if there was any indication of heart disease, and since the Police Department has no light duty assignments, it would be necessary to retire him because of heart disease. 2. Assistant City Attorney William Sueppel reviewed the Board's current Bylaws and Rules of Procedure and his draft Rules of Procedure based upon those which he developed for the City of Waterloo Retirement System Boards. Discussion followed on how to proceed with updating the Rules of Procedure since the current rules are out-of-date. It was the consensus that Board members should review the current rules and the new draft rules and provide input on needed revisions. All comments should be returned to William Sueppel in two weeks. He will then revise the draft for presentation again to the Board at its August meeting. The Board should make its comments in reference to changes which should be made to Sueppel's new draft. In addition, the Board was asked to be sure to check and compare current operating policies and policies in the draft for accuracy. Discussion followed regarding the need for Bylaws. Since the Bylaws are duplicated in State law and in the Rules of Procedure, the general group consensus was that the bylaws were not needed. This will again be considered at the August meeting. Any Board member having specific comments on the Bylaws should also send those to William Sueppel. 3. Assistant Attorney Sueppel reviewed new legislation (House File 2405) and in particular those sections which pertained to Police and Fire Retirement Systems. Changes include: (1) allowing members of the armed services 12 months rather than 6 months to return to covered employment, (2) increasing the minimum pensions to a beneficiary of a member who dies under the ordinary death provision and to the surviving spouse of a deceased member, to 20% of the monthly earnable compensation of a member holding the highest grade in the rank of police officer or firefighter (The increase applies to members already receiving the benefit.), (3) increases from 20% to 25% the percentage used in calculating increased benefits for members retired under ordinary disability, (4) the costs of temporary disability of police officers and fire- fighters are to be paid from the City's General Fund (NOTE: the City of Iowa City has paid these costs from the Trust and Agency Fund in the past), (5) changing the definition of child for pensions paid to deceased members to match the definition of child in other sections of the chapter retroactive to January 1, 1987, //s9 G] Police & Fire Retirement Systems Board June 28, 1988 Page 3 (6) the removal of spousal remarriage prohibitions for the ordinary death benefit. Rosemary Vitosh provided the Board with information on the additional cost of provision #2 above. Had it been in effect during the past fiscal year, it would have affected the pensions of seven individuals (beneficiaries) at an annual additional cost of approximately $4,400. The Board directed Rosemary Vitosh to prepare a summary of these legislative changes which would be sent out with the pension checks mailed on August 1, 1988. Meeting was adjourned at 3:40 p.m. 1150" 9 MINUTES RIVERFRONT COMMISSION JULY 6, 1988 - 5:15 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Apaydin, Bruner, Horton, Jones, Lovell, Stroh, Wachal MEMBERS ABSENT: Buckley, Hradek, O'Brien STAFF PRESENT: Rockwell, Dennis OTHERS PRESENT: Chris Steffen, Ron Chapman RECOMMENDATIONS TO COUNCIL: 1. The Riverfront Commission recommends to Council that the Gay's Locker subdivision and rezoning applications be approved. There were no riverfront-related objections to the proposed development. The Commission voiced a strong consensus that the development would upgrade the site and enhance the commercial neighborhood in which it is located. 2. The Riverfront Commission recommends to Council the approval of the Idyllwild Development Plan as shown on the June 10, 1988, plat. There were no riverfront-related objections to the proposed develop- ment. 3. The Riverfront Commission recommends to Council that the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred, and force removal of the fill if it is found to be illegal. CALL TO ORDER AND INTRODUCTIONS: Chairperson Lovell called the meeting to order at 5:22 p.m. With general consensus, the order of the agenda was changed to allow the presentation of a Large Scale Non -Residential Development proposal and two subdivision proposals prior to consideration of the minutes of May 4, 1988 and June 1, 1988. IMPERIAL COURT INDUSTRIAL PARK DEVELOPMENT: Rockwell introduced Chris Steffen of MMS to present information on the application by Iowa City Ready Mix, Inc. for a 4.6 acre, 11 lot sub- division, Imperial Court Industrial Park, proposed east of South Riverside Drive, south of the existing Ready Mix concrete plant and north of Moore Business Forms. Rockwell noted that the proposed subdivision and the Large Scale Non -Residential Development (LSNRD) plan were for property located immediately south of Sturgis Ferry Park. Steffen explained that Iowa City Ready Mix had purchased the existing cement plant fronting on Riverside Drive with plans to upgrade it. Moving the Iowa City Ready Mix operation to the new site would allow for an expanded operation and would alleviate the problems of congestion experienced at the Benton Street facility. When asked about the planned //s9 I Riverfront Commission July 6, 1988 Page 2 usage for the lots designated in the southern portion of the subdivision, Steffen replied that no specific use had been designated, but any use established there would need to be consistent with the I-1, industrial zoning for the area. No zoning change is required for the proposals. Rockwell explained that the Commission was being asked to review and comment on this development because the property fronted on the river. She pointed out that the eastern portion of the tract must comply with the requirements of the River Corridor Overlay Zone. Specifically, the 30' setback from the riverbank or the floodway encroachment line should be indicated. No development should occur in this area. Jones indicated there could be a problem unless the conveyer system and parking lot were relocated out of the setback area. Rockwell also noted that the River Corridor Overlay Zone requires the retention or replacement of vegetation that provides bank stability in the floodway and the setback area. Stroh suggested that since the property was zoned for the proposed industrial use, the Commission could forward a favorable recommendation contingent upon the developer meeting the River Corridor Overlay Zone requirements. Lovell stated that prior to the Commission making a formal recommendation, she would like to know what provisions the owner had made for dumping cement waste. Apaydin expressed a concern about the dumping of cement byproducts into the river and asked why Iowa City Ready Mix had decided to locate along the river again. Steffen stated that the existing cement facility at the site can be used once renovated, and that was considered a real advantage. Lovell requested more information about the shape of the bank and the existing vegetation. She suggested that the Commission get responses to their concerns prior to voting on a recommendation. Lovell asked about the anticipated timeline. Steffen stated that the proposal will be presented to the Planning and Zoning Commission on July 21, 1988, and presumably to Council on August 9, 1988. Rockwell suggested that in order to provide a timely response, the Commission could forward a recommendation stating concerns about the proposal to the Planning and Zoning Commission, or form a subcommittee empowered to meet, consider and recommend on behalf of the Commission. A subcommittee was formed and was scheduled to meet on Wednesday, July 13, 1988, at noon in the City Department of Planning and Program Development Conference Room. Motion: Apaydin moved, and Jones seconded, to empower the subcommittee to make a recommendation on behalf of the Riverfront Commission concerning the proposed Imperial Court development. The vote to approve the motion was unanimous. GAY'S LOCKER RECONSTRUCTION: Rockwell informed the Commission that this subdivision and rezoning proposal involved the reconstruction of Gay's Locker which was largely //S7 Riverfront Commission July 6, 1988 Page 3 destroyed by a fire except for the slaughter area and the smokehouse. A small portion of the property is in the 100 -year floodplain. Steffen stated that the reconstruction would include more off-street customer parking. The stormwater basin indicated on the plat should improve drainage. A few trees will be added to comply with the ordinance. Rockwell stated that the area is presently zoned CI -1 and that the request is for CC -2 zoning, to allow for an expanded retail area. Wachal asked which portion of the property was in the floodplain area. Rockwell and Steffen indicated the elevations on the site plan which would be considered part of the floodplain. This included only a small section of the southeast area of the tract. Rockwell distributed a set of guidelines and maps excerpted from the Iowa River Corridor Study. She explained that although the Gay's property does not fall within the 100' setback area from the Iowa River that is considered the official River Corridor Overlay Zone, a portion of the property lies within the 100 year floodplain area. Rockwell suggested that the Study guidelines could be used to assess development applications for properties outside the ORC zone, but within the 100 year floodplain. Rockwell stated that in reviewing the Gay's application, for example, the Commission could consider such factors as the proposed stormwater manage- ment improvements, the lack of historical significance of the site, and the proposed landscaping, including trees. Additionally, the site is not specifically addressed in the Iowa River Corridor Study as an area of concern or of environmental significance. Jones commented that the Study maps should be updated, because a great deal of development had occurred along the Iowa River since the publica- tion of the maps in 1975. However, Jones and other Commission members agreed that the rezoning and subdivision as proposed by the applicant did not conflict with Riverfront Commission goals or guidelines for develop- ment along the Iowa River and within its associated floodplain. Motion: Apaydin moved to recommend approval to the Planning and Zoning Commission and the City Council in that there were no riverfront-related objections to the Gay's Locker subdivision and rezoning applications. There was a strong consensus within the Commission that the proposed development would upgrade the site and enhance the commercial area in which it is located. Bruner seconded the motion. The motion carried unanimously. REVIEW AND APPROVAL OF MAY 4, 1988 AND JUNE 1, 1988 MINUTES: Apaydin moved to approve the minutes of May 4, 1988. Stroh seconded the motion. The motion carried unanimously. Concerning the June 1 minutes, Wachal stated that he had asked staff to investigate the issue raised by Bill Gilpin about the $200,000 of River - front money redirected to urban renewal. Wachal said his request was not reflected in the minutes. Rockwell responded that she had information regarding that issue to report to the Commission. Wachal stated as long Riverfront Commission July 6, 1988 Page 4 as the issue was addressed, he would not be concerned about the request being stated in the minutes. Motion: Wachal moved to approve the minutes of June 1, 1988. Bruner seconded the motion. The motion carried unanimously. REPORT ON IDYLLWILD SUBDIVISION STATUS: Several members of the Commission had conducted a site visit on June 10, 1988, and stated that their concerns about the proposed subdivision had been resolved. Apaydin presented a video tape with footage of the property in question and of Taft Speedway. Rockwell distributed a letter from Barry Beagle, Associate Planner, City of Iowa City, which stated that the revised preliminary and final plats were received by the City on June 10, 1988, which replaced Lots 2-9 along Taft Speedway with an "outlot." The elimination of these lots resolved the conflict with the Floodplain Management Ordinance which required access to such lots to remain passable during the occurrence of a 100 -year flood. The letter further stated that if an alternative subdivision design were to be proposed that would go beyond resolution of the deficiency previously stated, it would be treated as a new plat. Rockwell stated that the lots removed from residential development had access only onto Taft Speedway which lies at too low an elevation to be considered passable during a 100 year flood. Rockwell displayed a floodplain map and distributed statistics on the first floor elevations of the houses located south of Taft Speedway. She said that the Planning and Zoning Commission was expected to take action on the Idyllwild Subdivision proposal on July 21. Wachal asked if the Commission could make a recommendation on this subdivision that was contingent on the developer cleaning up the fill area south of Taft Speedway. Bruner and Jones both responded that the Commis- sion should keep the two issues separate. Two different properties were involved. Further, the developer of the Idyllwild Subdivision was not the property owner of that tract of land north of Taft Speedway. Jones commented that the City needs an ordinance to protect fragile, natural areas. Any fill on wetlands needs a permit from the Army Corps of Engineers. Rockwell informed the Commission that Frank Farmer, City Engineer, had authorized fill in the area south of Taft Speedway in 1982. Jones pointed out that the authorization preceded passage of the 1987 City floodplain ordinance which requires a permit for fill in the floodplain. He further stated that vigorous attempts should be made by the City to look into the legal status of this fill. Motion: Apaydin moved to recommend to the Planning and Zoning Commission and the City Council the approval of the Idyllwild Development Plan as shorn on the June 10, 1988 plat. There were no riverfront-related objections to the proposed development. Stroh seconded the motion. The nation failed with a vote of 3-2-2. 1155 Riverfront Commission July 6, 1988 Page 5 Lovell asked if the Iowa River Corridor Stud, indicated that the area proposed for subdivision should never be developed. No other Commis- sioners thought this had been stated in the Study. Jones again expressed concern about the legality of the fill and stated that it was not the Commission's responsibility to examine this, but rather the Commission should recommend that the City staff investigate this issue. Motion: Wachal moved to recommend approval of the Idyllwild Subdivision, contingent upon the developer having satisfied state, federal and City regulations with respect to the use and the storage of fill. There was no second. The motion was retracted. Motion: Yachal moved that the Commission reconsider Apaydin's motion recommending approval of the Idyllwild Subdivision. Lovell seconded. Motion carried. Motion: The original motion by Apaydin and seconded by Stroh to recommend approval of the Idyllwild Subdivision passed with a vote of 5-2. Motion: Jones moved and Yachal seconded the motion that the Commission recommend to Council that the City investigate the fill situation south of Taft Speedway, determine whether any violation of the 1987 Floodplain Ordinance has occurred and force removal of the fill if it is found to be illegal. The motion carried unanimously. REVIEW OF SUGGESTED FLOODPLAIN AND RIVER CORRIDOR OVERLAY ORDINANCE AMENDMENTS: Rockwell stated that the Commission had requested staff to draft an amendment to the River Corridor Overlay Zone. Specifically, it had been requested that Section 36-45(b)(2) of the Zoning Ordinance be revised to remove the discretionary nature of whether the 30' setback could be from either the floodway encroachment line or the riverbank by decision of the property owner. The amendment as drafted would make the floodway encroachment line the only basis of the setback. Rockwell said that if the Commission approved the draft amendment, the next step would be to forward the recommended zoning amendment to the Planning and Zoning Commission and the City Council. A background memo would be needed to explain the reasoning for the change and possible ramifications of the amendment. Commission members were supportive of the amended section as drafted. They felt the main reason for the amendment was to remove ambiguity from the ordinance. Jones stated that objections to the amendment might be raised by developers, particularly in those areas where the floodway encroachment line was further back from the river than the riverbank. It was also noted that the average property owner might find it difficult to determine where the riverbank is as defined in the ordinance: "water level line at 6,000 cubic feet per second (cfs) outflow from the Coralville Dam." Riverfront Commission July 6, 1988 Page 6 Motion: Jones moved and Wachal seconded the motion to approve the draft of the ordinance amendment for Section 36-45(b)(2), and recommend that it be forwarded to the Planning and Zoning Commission, and then to the City Council. The motion carried unanimously. Jones offered to assist Rockwell in developing a background memo to accompany the recommended ordinance amendment. UPDATE ON FISHING ACCESS BELOW THE BURLINGTON STREET DAM: Rockwell informed the Commission that a planning intern had examined property ownership between Harrison and Prentiss Streets on the east bank of the Iowa River. Some streets are platted in what was called "Old Town," and may still belong to the state. The County Recorder's records do not show who owns the property between the streets. It has been suggested that the CRANDIC Railway maps may indicate ownership for the property. In the meantime, the City legal staff has been requested to give an opinion on whether the streets are still state-owned, and if so, whether the City should apply for the patents for the streets. Jones found it interesting that the 1975 map from the Iowa River Corridor Study indicates that the land in question is public. Rockwell stated that both she and the intern found it difficult to envision the type of improvements that could be made on this property for recreational fishing other than to ask that access to the river be kept open both for fishing and rescue vehicles. Wachal said that Stroh had made it clear at the June 1 Commission meeting as to the type of improve- ments which could be made: a path, trash barrels... Stroh thought that the first thing to be resolved was property ownership. DECISION ON "RIVER CITY" WORKSHOP INVOLVEMENT: Rockwell requested that this item be deferred to the August 1988 agenda, when the Commissioners will be working on the 1988 Annual Report and determining an activity plan for FY89. The Commissioners agreed to defer the item. REVIEW OF COMMISSION SCOPE AS FRAMED BY ENABLING RESOLUTION: Lovell stated that she had questioned the Commission appointment notice and the language of the City's FY87 Annual Report which states that the Commission's scope is within the City of Iowa City instead of within Johnson County. Jones thought that the Iowa City Council cannot mandate the Commission's authority to be broader than the City jurisdiction. Rockwell commented language could be added to the enabling resolution to state that the Commission includes representatives from Coralville and Johnson County. Stroh commented that the Coralville representative acts as a liaison to the Coralville Council, and that the Johnson County representatives act as liaisons to the Johnson County Board of Supervisors. Jones stated that the Commission should not make a formal recommendation to change the wording. He prefers to leave it as it is; that the informal process is working well. //.s9 Riverfront Commission July 6, 1988 Page 7 Lovell raised the point that the advertisement for Riverfront Commis- sioners does not mention the multi -jurisdictional membership of the Commission. Rockwell stated that Coralville and Johnson County advertise for their representatives to the Commission, and the ad Lovell was concerned about was directed to potential City representatives, who must reside within the Iowa City limits. The Commission decided to take no action. COMMISSIONERS' REPORTS: Wachal directed attention to the memo to the Commissioners from Rockwell regarding 36 CFR Part 357 - Shoreline Management Civil Works Projects Proposed Rule, Department of Defense, Corps of Engineers, Department of the Army, Federal Register, second paragraph: "Shoreline Management does address the fact that all shorelines, lakes or rivers, are covered by this regulation. This more clearly allows its application to a situation where the Corps holds fee simple title to the shoreline." Wachal asked what the practical consequences of this rule were for the Commission? Rockwell said she would contact Jerry DeMarce, U.S. Army Corps of Engineers, for information. ADJOURNMENT: Lovell declared the meeting adjourned at 7:05 p.m. Minutes respectfully submitted by Mary Ann Dennis. g MINUTES - SPECIAL MEETING RIVERFRONT COMMISSION JULY 13, 1988 - 12 NOON PPD CONFERENCE ROOM MEMBERS PRESENT: Horton, Jones, Lovell, O'Brien, Wachal MEMBERS ABSENT: Apaydin, Bruner, Buckley, Hradek, Stroh STAFF PRESENT: Rockwell OTHERS PRESENT: Larry Schnittjer, MMS The Commission held the special meeting in order to expedite review of two proposed riverfront developments: 1. Review of the Imperial Court Industrial Park Subdivision and LSNRD application submitted by Iowa City Ready Mix, Inc., for property located just south of Sturgis Ferry Park. 2. Review of the Jim Glasgow permit application to the U.S. Army Corps of Engineers requesting permission to fill property located west of North Dubuque Street and south of Taft Speedway. Following presentation and discussion of these items, the Commission formulated and unanimously approved the following recommendations to Council: RECOMMENDATIONS TO COUNCIL: 1. The Riverfront Commission recommends to Council that approval of the LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. 2. The Riverfront Commission recommends to Council that concerning the Glasgow application for fill and riprapping, the U.S. Army Corps of Engineers be formally requested to enforce the wetlands provisions of Section 404, the Clean Water Act. Specifically, the Corps should require the property owner to remove fill from areas of the tract which had been determined by the Corps to be wetlands and restore those wetlands to previous conditions. The meeting was adjourned at 1:30 PM. I CITY OF IOWA CITY FINANCIAL SUMMARY JUNE 1960 FUND/ACCOUNT BEGINNING FUND BALANCE RECEIPTS DISBURSEMENTS ADJUSTMENTS 10 BALANCE ENDING FUND BALANCE INVESTMENT CHECKING A/C GENERAL 3,562,441.13 1,290,011.82 1,682,974.51 -19,015.20 3,150,513.7.4 BALANCE 3,523,831,39 BALAHCEY -•373131H.15 DEBT SERVICE 2,ON9r221.14 3981000.49 2.271,745.00 .00 215,336.63 215,536.63 .00 CAPITAL PROJECTS 34,242,953.52 1,630,510.73 2,684,657.91 -6,986.39 33,201,821.95 73,324,040.17 -122.210.22 ENTERPRISE 14,425,095.116 1,909,720.93 1r990r246.Y2 -1671895.26 14,176,654.61 14,176,479.61 175.00 TRUST B AGENCY 14,807,468.96 392,559.30 127,453.33 .00 15,072,373.13 15,072,573.17 .00 INTRAOOV. SERVICE 1,216,4dO.09 653,208.92 250,623.82 -13,919.74 1,605,143.45 1,605,145.43 .00 SPECIAL ASSESSMENT 126,036.52 7,499.20 175,693.94 169,030.08 126,879.94 1.6,879.94 .00 SPECIAL REVENUE 651,369.19 215,475.27 217,065.36 38,7136.51 607,765.61 687,767.94 SUBTOTAL________ _________ 71r121rOHtl. 41 __________________________________ 6,517,06.Y4 9,401,234.79 .00 ____ __ _____ 68,276,910.36 _____ ____ 68,772,2312 26 -----__--=.33 -495,363.70 LEASED HOUSING ,152,064.240 Itl5, 067.99 198,163.82 .00 7]8,962.97 177, 361.202.66 PUBLIC HOUSING 104,957.67 9,875.74 31,624.34 .00 83,208,87 106,110.760.71 64 2.,901.77 SUBTOTAL-- __________________________________________________________________________________________________ 457,022_47 ___________________________________________________________ 194,939.73 229,790.36 .00 422,171.84 283,870,93 __________________________ 138,300.89 GRAND TOTAL 71.578,110.80 6 ,711,996.674 ,631,025�w...:.......�00� 8,659,082.40 69,016,145.214 ......... . ........... ......... .. ......... ... ........... . e.3571062.81 .....e ... S CHECKING ACCOUNT BALANCES ARE INTEREST BEARING ALCOUNTS WITH THE EXCEPTION OF PAYROLL. o a-0 RESOLUTION NO. 88-170 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Loyal Order of Moose, Lodge #1096 i i It was moved by Ambrisco and seconded by Strait that the Resolution as reeacT�e adopted, and upon rol ca t ere were: i AYES: NAYS: ABSENT: i Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald R X Strait Passed and approved this 9th day of August , 19 88 yor City Clerk E SUMMARY OF RECEIPTS JUNE 30, 1988 460,853.07 40,564.18 42,380.78 965,273.29 372,274.21 665,327.10 1,140,528.57 TOTAL GENERAL 3,687,201.20 185,063.99 9,875.74 TOTAL SPECIAL 194,939.73 GRAND TOTAL 3,882,140.93 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: GENERAL FUND 1ST. AVE. WASH & DRY LAUNDRY SERVICE 111.00 3M CO. 800 -SOFTWARE MISC PROCESSING SUP MICRO -COMPUTER SOFTW 1,280.00 A T & T COMMUNICATIONS LONG DISTANCE CALLS 979.44 306.59 A T & T INFORMATION SYSTEMS TELEPHONE EQUIP. FEE 1,930.95 A. M. BEST CO. PRINT/REFERENCE 23.15 AAA TRAVEL AGENCY AIR FARE 196.00 ACHENBACH, GLORIA TRAVEL 29.91 AERO RENTAL AFRO AMERICAN COMMUNITY TOOLS & EQUIP. RENT. OFFICE SUPPLIES 208.70 AHERN, MARY BUILDING -ROOM RENTAL 5.90 100.00 AIR COOLED ENGINE SERVICES TOOLS 394.38 ALEXANDER HAMILTON INSTITUTE TRAINING FILM/MAT. 43.20 ALEXIS FIRE EQUIPMENT CO. SAFETY CLOTHING 1,210.16 ALI-ABA REGISTRATION 490.00 ALL PETS VETERINARY CLINIC COMMERCIAL FEED 64.65 ALLEN, ELIZABETH INSTRUCTOR/OFFICIATE 30.00 ALLIED INSTRUCTIONAL MEDIA COMPUTER SOFTWARE 188.15 ALTER & SONS, INC. MINOR EQUP. REP. MAT 70.56 ALTERNATIVE VIDEO NON-FICTION VIDEO 32.45 AMERICAN CAT FANCIERS ASSOC. PRINT/REFERENCE 39.90 AMERICAN DELIVERY SERVICE FREIGHT 22.63 AMERICAN DIRECTORY PUBLISHING PRINT/REFERENCE 153.60 AMERICAN LIBSUPLIE BOOKSI(CATP/CIRS) 98.81 AMERICAN MEDIARC RP.ASS 360.00 AMERICAN PLANNING ASSOC. BOOK(S) 25.15 AMERICAN RADIO RELAY LEAGUE BOOKS (CAT./CIR.) 26.50 ANDERSON, LOIS RESERVATIONS 20.00 ANIMAL CLINIC, INC. VETERINARY SERVICE 14.00 APA PLANNERS BOOKSTORE BOOKS, MAG., NEWSPAP 22.95 APPLELINK SERVICES SUBSCRIPTION 30.64 ASPERHEIM, TAMMY INSTRUCTOR/OFFICIATE 80.00 ASSOC. FOR INFORMATION AND DUES & MEMBERSHIPS 75.00 ASSOCIATES LEASING, INC. MISCELLANEOUS 5.00 ASSOCIATION FOR VOLUNTEER REGISTRATION 280.00 BABE RUTH BASEBALL AID TO AGENCIES 550.00 BACON PAMPHLET SERVICE, INC. PAMPHLET FILE MAT. 74.31 BAILEY, LORI INSTRUCTOR/OFFICIATE 64.80 BAKER & TAYLOR CO. PRINT/CIRCULATING 2,713.92 BAKER & TAYLOR COMPANY PRINT/REFERENCE 119.54 BAKER & TAYLOR VIDEO NON-FICTION VIDEO 43.12 BAKER PAPER CO., INC. SANIT. & IND. SUPP. 231.70 BALLARD, PAMELA MISCELLANEOUS 3.00 BANCROFT-SAGE PUBLISHING BOOKS (CAT./CIR.) 450.00 BANTAM BOOKS PRINT/CIRCULATING 24.28 BARBER, MARY ELLA INSTRUCTOR/OFFICIATE 10.50 BARFUNKEL'S & THE HOBBY SHOP OTHER UNCATALOG MAT. 32.58 BARNHART, LYNDA CERTIFICATIONS 22.00 BARRETT, BARBARA SHORTHAND REPORTER 279.55 BARRON MOTOR SUPPLY ANIMAL SUPP. 28.99 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT BARRON, KAY BATEY LTD. BEAGLE, BARRY BEASTALL, LAUREN BEH, MARIE BEST RENTAL CENTERS BIBLIOGRAPHICAL CENTER FOR BIRCHMIER, BARB BLACKBOURN, INC. BLAKELY, SALLY BLUE CROSS & BLUE SHIELD BLUMS BLOOMS BOB ZIMMERMAN FORD BOEVER, MARK BOLTON, LARRY BONTRAGER, GARY BOOKMEN, INC. BOPP, RALPH BREESE CO., INC. BRENNEMAN SEED & PET CENTER BRINTON, EDWARD BRODART CO. BROWNING -FERRIS INDUSTRIES BRUGGEMAN, CAROL BRUNS, TAMARA BUELL, SHARON BUITENDORP, JIM BURR, JAMES BUTLER PAPER & GRAPHICS BUTLER, ADAM C. W. ASSOCIATES CAHNERS PUBLISHING CO. CAIN, PATT' CALLAGHAN & CO. CAREER RESEARCH SYSTEMS, INC. CAREER TRACK PUBLICATIONS CAROUSEL MOTORS CEDAR RAPIDS AND IOWA CITY CENTER CITY PROPERTIES CENTER FOR URBAN POLICY CHAMBERS RECORD & VIDEO CORP. CHANNELMARK CORP. CHAPLEAU, COLLEEN CHICAGO ROLLER SKATE CO. CHICAGO TRIBUNE CHICORP FINANCIAL SERVICES CHILDREN'S BOOK COUNCIL, INC. CHILDRENS PRESS CHITTENDEN & EASTMAN CO. CHRISTENSEN, JEFF CHRISTIANSEN, ANDREW CHRISTOPHERSON, TIMOTHY CHURCH AND SYNAGOGUE LIBRARY PUNCH PASS MISCELLANEOUS MEALS INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE RENTALS DATA PROCESSING RESERVATIONS AUDIO VISUAL SUP INSTRUCTOR/OFFICIATE DENTAL INSURANCE PROFESSIONAL SERVICE MISCELLANEOUS RECREATIONAL EQUIP. INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE BOOKS (CAT./CIR.) OTHER REP. & MAINT. EDUC./TRAINING SUPP. AG MATERIALS CERTIFICATIONS PRINT/CIRCULATING TOOLS & EQUIP. RENT. INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE LESSONS INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE OUTSIDE PRINTING INSTRUCTOR/OFFICIATE PRINT/REFERENCE EMPLOYMENT ADS TRAVEL REFERENCE MATREIAL PRINT/REFERENCE BOOK(S) MISCELLANEOUS LAND RENTAL BUILDING RENTAL BOOKS, MAG., NEWSPAP LP DISC MINI -COMPUTER SOFTWA LESSONS RECREATIONAL SUPP. PRINT/REFERENCE CAPITAL LEASE PRINCI PAMPHLET FILE MAT. PRINT/CIRCULATING OTHER OPER. EQUIP. INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE INSTRUCTOR/OFFICIATE PAMPHLET FILE MAT. 38.25 5.00 32.54 36.00 8.80 155.75 240.29 5.00 401.28 285.00 2,121.24 76.92 3.00 200.00 240.00 28.50 201.71 150.00 24.19 39.84 25.00 160.62 496.00 27.00 117.00 12.00 290.00 155.00 8,710.50 108.00 289.30 115.70 127.30 74.42 72.00 42.95 8.00 1.00 2,104.50 31.95 29.04 64.45 3.00 25.47 201.00 2,986.58 24.15 116.99 1,932.00 150.00 14.40 28.00 10.55 //w COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT CITY CONTRIBUTION OTHER BENEFITS 148,946.85 CITY ELECTRIC SUPPLY, INC. ELECTRICAL SUPPLIES 389.45 CLAREY'S SAFETY EQUIPMENT, INC FIRE TRUCK(S) 2,167.10 CLARK BOARDMAN CO., LTD. REFERENCE MATREIAL 50.25 CLEARVIEW MEDIA, INC. NON-FICTION VIDEO 14.46 CLERICAL RECAP PAYROLL 3 -JUN -88 16,289.70 CLSI, INC. MINI -COMPUTER SOFTWA 12,690.00 CO-OP AMERICA PRINT/CIRCULATING 20.00 COBLENTZ, DUANE SAFETY SHOES 70.00 COMARK, USA -FLEX MISC. PERIPHERALS 482.43 COMMODORE PROMOTION/TEXTCRAFT MISC. PERIPHERALS 35.00 COMMUNICATIONS ENGINEERING CO. FIRE TRUCK(S) 2,104.62 CONNECT, INC. SUBSCRIPTION 7.09 CONSTRUCTION MATERIALS, INC. SURFACING MATERIALS 1,643.25 1 CONSUMER REPORTS SUBSCRIPTION 28.00 CONSUMERS COOPERATIVE SOCIETY AG CHEMICALS 343.70 CONTRACTOR'S TOOL & SUPPLY CO. TOOLS & MINOR EQUIP. 1,303.58 CONVERSA-PHONE INSTITUTE, INC CLASSIFIED AV 20.09 CORALVILLE FIRE DEPT. REGISTRATION 72.15 CORNWELL, DEANNA LESSONS 4.00 CORPUS INFORMATION SERVICES PRINT/REFERENCE 118.00 CRAWFORD, JEFF TECHNICAL SERVICES 20.00 CRCR CORP. MISCELLANEOUS 5.00 CREMER, CATHERINE MISCELLANEOUS 5.00 CRESCENT ELECTRIC SUPPLY CO. TRAFFIC SIGNAL EQUIP 3,282.84 CURRAN, MARY KIT MISCELLANEOUS 5.00 D. B. ACOUSTICS, INC. REPAIR OF STRUCTURE 114.95 DAISEY BOOK CO. BOOKS (CAT./CIR.) 543.96 DALY, BETH CERTIFICATIONS 6.00 DAN'S OVERHEAD DOORS & MORE REP OF ELECTRIC/PLBG 30.00 DATA RECALL MISC PROCESSING SUP 1,068.97 DAVE LONG PROTECTIVE PRODUCTS MINOR EQUIP. 360.24 DEMCO, INC. OUTSIDE PRINTING 122.07 DES MOINES REGISTER & TRIBUNE ADVERTISING 82.00 DESMYTER, LORI INSTRUCTOR/OFFICIATE 117.00 DEWITT ELECTRIC, INC. REP OF ELECTRIC/PLBG 35.47 DIETRICH, DAVID MISCELLANEOUS 6.00 DIGITAL EQUIPMENT CORP. TERMINALS REPAIR 115.05 DIMMICK, DAWN INSTRUCTOR/OFFICIATE 3.60 DOLE, CINDY INSTRUCTOR/OFFICIATE 4.00 DON'S LOCK & KEY MISCELLANEOUS SUPP. 6.60 DONUTLAND TESTING SERVICES 12.69 DORR, ANDREA INSTRUCTOR/OFFICIATE 57.00 DOUGLAS, BRACHELLE BUILDING -ROOM RENTAL 100.00 DRAKE, AMY INSTRUCTOR/OFFICIATE 126.00 DRAMATIC PUBLISHING CO. BOOKS, MAG., NEWSPAP 31.87 DRAWING BOARD OFFICE SUPPLIES 36.25 DRISCOLL, CATHY INSTRUCTOR/OFFICIATE 96.00 DRISCOLL, SCOTT INSTRUCTOR/OFFICIATE 30.00 DUFFY, THOMAS INSTRUCTOR/OFFICIATE 43.55 DUKE FAMILY SUPPORT PROGRAM REFERENCE MATREIAL 7.00 EAGLE FOOD CENTER #220 TESTING SERVICES 27.62 EAST CENTRAL REGIONAL LIBRARY REGISTRATION 104.00 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT EBSCO SUBSCRIPTION SERVICES PRINT/REFERENCE 1,390.37 ECONOGAS SERVICE, INC. FUELS 109.00 ECONOMY DATA PRODUCTS PAPER 1,319.37 EDISON RECORD CLEARANCE LP DISC 37.45 EDWARDS, JOHN INSTRUCTOR/OFFICIATE 72.00 EGINTON, KAY LESSONS 15.00 EHRHARDT, JAMES MISCELLANEOUS 6.00 EICHER, CHARLES, M.D. CERTIFICATIONS 276.00 ELECTRIC MOTORS OF IOWA CITY MINOR EQUP. REP. MAT 5.25 ELECTRIC-AIRE CORP. ELECTRICAL SUPPLIES 207.10 ELLIOTT EQUIPMENT CO. TOOLS & MINOR EQUIP. 318.00 ERB'S OFFICE SERVICES, INC. TYPEWRITER(S) 1,228.50 F STOP VIDEO RECORDING TAPE 139.67 FAY'S FIRE EQUIPMENT, INC. FIRE TRUCK(S) 86.28 FEDERAL EMPLOYEES NEWS DIGEST PRINT/REFERENCE 5.20 FEDERAL EXPRESS CORP. POSTAGE 87.75 FERRARI, NANCY INSTRUCTOR/OFFICIATE 10.50 FESLER'S, INC. MISCELLANEOUS SUPP. 3,112.95 FINNEGAN, THOMAS SAFETY SHOES 70.00 FIRE CHIEF ROBERT SCHICK REGISTRATION 55.00 FIXTURES FURNITURE OTHER OFF. FURN/EQUI 2,229.99 FLEETWAY STORES, INC. TOOLS 490.24 FOOTLITERS MISCELLANEOUS 587.85 FORD'S TRAVEL GUIDES PRINT/REFERENCE 13.00 FORESTRY SUPPLIERS, INC. OTHER OPER. EQUIP. 245.77 FORSYTHE, PATRICIA REGISTRATION 106.00 FOX, BONNIE MISCELLANEOUS 20.00 FRED MARVIN & ASSOC., INC. TOOLS 32.15 FREEMAN LOCK & ALARM, INC. REPAIR OF STRUCTURE 391.17 FROHWEIN OFFICE SUPPLY OTHER OFF. FURN/EQUI 1,198.67 FRY, ALLEN LESSONS 12.00 G. K. HALL & CO. BOOKS (CAT./CIR.) 71.80 GAFFEY, BRIAN INSTRUCTOR/OFFICIATE 6.00 GALE RESEARCH CO. PRINT/REFERENCE 256.04 GARLAND PUBLISHING, INC. BOOKS (CAT./REF.) 68.18 GASKILL, JOHN INSTRUCTOR/OFFICIATE 115.50 GAZETTE CO. EMPLOYMENT ADS 402.30 GENERAL PEST CONTROL CO. BLDG PEST CONTROL 150.00 GERAGOSIAN, MIKE INSTRUCTOR/OFFICIATE 7.20 GFOA CAREER DEVELOPMENT CENTER REGISTRATION 300.00 GILMORE, TRACI INSTRUCTOR/OFFICIATE 90.00 GIRDLER, CAROL INSTRUCTOR/OFFICIATE 483.00 GOLDBERG, MICHAEL UNIFORM ALLOWANCE 60.79 GOODFELLOW PRINTING, INC. OUTSIDE PRINTING 35.00 GOODNER, SUSAN M.D. CERTIFICATIONS 119.00 GOSS, DAVE INSTRUCTOR/OFFICIATE 210.00 GOULD, KIM INSTRUCTOR/OFFICIATE 79.50 GRAPHIC PRINTING OUTSIDE PRINTING 217.05 GREGORY, ERNEST RAY MISCELLANEOUS 11.00 GRIMM, RICHARD MISCELLANEOUS 21.00 GROLIER EDUCATIONAL CORP. PRINT/CIRCULATING 46.00 GUTZ, STEPHANIE INSTRUCTOR/OFFICIATE 3.60 HACH BROTHERS CO., INC. SANITATION SUPP. 3,173.63 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT HALL, ROBERT MISCELLANEOUS 1.00 HALL, TERRY CERTIFICATIONS 25.00 HAMM, KELLY INSTRUCTOR/OFFICIATE 82.20 HANNEMANN, JEFF INSTRUCTOR/OFFICIATE 143.00 HAPPEL, ROBERT UNIFORM ALLOWANCE 55.74 HARLAND, VICKY LESSONS 6.00 HARNEY ICE CO. MISCELLANEOUS SUPP. 9.00 HARPER & ROW PUBLISHERS, INC. BOOKS (CAT./REF.) 14.94 HARPE12.00 HARRY'S CUSTOM TROPHIES, LTD. HART, MERWIN EDUCR/TRAINOINGISUPPE 81.05 HATCHER, ELAINE MISCELLANEOUS MISCELLANEOUS 2.00 5.00 HAWKEYE AREA COMMUNITY ACTION HAWKEYE COMMUNICATION TEMPORARY EMPLOYEES 60.00 HAWKEYE FOOD SYSTEMS, INC. COMMUNICATION EQUIP SANIT. & IND. SUPP. 359.90 172.50 HAWKEYE LUMBER CO. SURFACING MATERIALS 1,254.84 HAWKEYE MEDICAL SUPPLY, INC. RECREATIONAL SUPP. 72.03 HAWKEYE RIBBON RECREATIONAL SUPP. 18.00 HAWKEYE SEED CO., INC. AG MATERIALS 69.50 HAWKEYE VACUUM AND SEWING OTHER OPER. EQUIP. 493.95 HAWKEYE WELD & REPAIR LUMBER/HARDWARE 5.80 HAYEK, HAYEK, HAYEK & HOLLAND ATTORNEY SERVICE 6,360.19 HBJ BECKLEY-CARDY, INC. RECREATIONAL SUPP. 372.01 HDC BUSINESS FORMS CO. OUTSIDE PRINTING 383.39 HELEN HUNTER BOOKS (CAT./CIR.) 288.60 HEMMING, MICHELE INSTRUCTOR/OFFICIATE 10.05 HERMIE, JACQUIE INSTRUCTOR/OFFICIATE 4.00 HERTZBERG-NEW METHOD, INC. LIB. MATERIALS REP 313.00 HEWLETT PACKARD MISC. PERIPHERALS 131.40 HICKMAN, DANIEL INSTRUCTOR/OFFICIATE 5.00 HILLYER, DAVE MISCELLANEOUS -3.00 HIX, CHUCK INSTRUCTOR/OFFICIATE 112.50 HJ LTD. HOCHSTEDLER, DARWIN OTHER OPER. EQUIP. MISCELLANEOUS 1,608.00 HOCHSTETLER, KATHY TRAVEL 5.00 17.50 HOGAN, KATIE INSTRUCTOR/OFFICIATE 3.60 HOOTMAN, MARGARET CERTIFICATIONS 25.00 HOTEL & TRAVEL INDEX PRINT/REFERENCE 35.00 HOTEL DEL CORONADO TRAVEL ADVANCE 139.00 HOUCHEN BINDERY LTD. LIB. MATERIALS REP 190.46 HUIT, SARA INSTRUCTOR/OFFICIATE 10.00 HULINGK INSTRUCTOR/OFFICIATE 8 4.00 KINETICS PUBLISHERS BOOKS 7.87 HUNTER PUBLISHING, INC. BOOKS (CAT./REF.) 81.95 HURD, KEVIN UNIFORM ALLOWANCE 59.95 HY-VEE Y IA. LAW ENFC. ACADEMY TRAVEL 13.75 HY-VEE FOOD STORE N1 TESTING SERVICES 231.08 HY-VEE FOOD STORE H2 LIQUOR BEER LICENSES 140.00 HYDRITE CHEMICAL CO. WATER/SEWAGE CHEM. 1,837.28 HYUN, KEUN YEE LESSONS 12.00 IA STATE BANK PROFESSIONAL SERVICE 24.50 IBM CORP. MICRO -COMPUTER REP. 2,345.00 ICMA OTHER BENEFITS 279,26 //a COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT ICMA RETIREMENT CORP. OTHER BENEFITS 838.80 INGRAM VIDEO RECORDINGS 95.56 INLAND ASSOCIATES, INC. EDP MONITORS/DISPLAY 430.38 INTERNAL MEDICINE MEDICAL SERVICE 828.43 INTERNATIONAL ASSOC. OF CHIEFS DUES & MEMBERSHIPS 50.00 INTERNATIONAL ASSOC. OF FIRE REGISTRATION 95.00 INTERNATIONAL CITY MANAGEMENT BOOKS, MAG., NEWSPAP 60.00 INTERNATIONAL FRANCHISE ASSOC PRINT/REFERENCE -4.95 INTL. ASSOC. OF PLUMBING AND DUES & MEMBERSHIPS 75.00 IOWA APPRAISAL & RESEARCH CORP APPRAISAL SERVICES 400.00 IOWA BOOK & SUPPLY CO. OFFICE SUPPLIES 69.93 IOWA CITY BOYS BASEBALL AID TO AGENCIES 550.00 IOWA CITY GIRLS SOFTBALL AID TO AGENCIES 550.00 IOWA CITY JANITOR SUPPLY MISCELLANEOUS SUPP. 29.95 IOWA CITY LANDSCAPING AG MATERIALS 595.00 IOWA CITY PETTY CASH XEROX COPIES 289.90 IOWA CITY PRESS -CITIZEN PRINT/REFERENCE 2,110.09 IOWA CITY READY MIX, INC. CONCRETE 7,864.56 IOWA CITY REC. CTR. PETTY CASH RECREATIONAL SUPP. 40.18 IOWA CITY/CORALVILLE PROFESSIONAL SERVICE 13,480.74 IOWA COUNTY ATTORNEYS ASSOC. REGISTRATION 50.00 DEPT. OF PUBLIC SAFETY TRACIS 430.00 iIOWA IOWA GLASS DEPOT REP & MAINT TO BLDG. 47.28 IOWA GOOD ROADS ASSOC., INC. DUES & MEMBERSHIPS 275.00 IOWA ILLINOIS GAS & ELECTRIC HEATING FUEL/GAS 41,252.82 IOWA LIBRARY ASSOC. DUES & MEMBERSHIPS 211.00 IOWA POLICE EXECUTIVE FORUM REFERENCE MATREIAL 10.00 IOWA STATE BANK & TRUST CO. MISCELLANEOUS 5.00 IOWA STATE BANK - FICA FICA 28,985.95 IOWA STATE TREASURER SALES TAX SALES TAX COLLECTED 356.42 IOWA STATE UNIV. CONTINUING ED REGISTRATION 75.00 IOWA -ILLINOIS GAS & ELECTRIC EQUIPMENT SERVICE 150.00 IPERS IPERS 19,173.37 IPMA TESTING SERVICES 1,932.00 J R PAINTING & DECORATING, INC BUILDING IMPROVEMENT 8,076.00 JACKS DISCOUNT, INC. TOOLS & MINOR EQUIP. 74.97 JACKSON, SIDNEY UNIFORM ALLOWANCE 89.39 JAMES, JOHN JR. MISCELLANEOUS 5.00 JEBSON, PETER MISCELLANEOUS 5.00 JEFFREY NORTON PUBLISHERS CLASSIFIED AV 219.50 JENS, DIANA MISCELLANEOUS 2.00 JENSEN, SOREN MISCELLANEOUS 3.00 JOHN WILSON SPORTING GOODS RECREATIONAL SUPP. 76.32 JOHNSON CONTROLS, INC. REP OF HEATING EQUIP 473.00 JOHNSON COUNTY AGRICULTURE BUILDING RENTAL 1,750.00 JOHNSON COUNTY AMBULANCE EDUC./TRAINING SUPP. 222.00 JOHNSON COUNTY RECORDER RECORDING FEES 15.00 JOHNSON COUNTY TREASURER CARE OF PRISONERS 160.00 JOHNSON, CATHERINE MISCELLANEOUS 1.00 JOHNSON, ERIC INSTRUCTOR/OFFICIATE 10.00 JOHNSON, PAM INSTRUCTOR/OFFICIATE 150.50 JONES, DENNIS MISCELLANEOUS 15.00 JORM MICROLAB, INC. MICROFILM 844.71 /A1 6 9 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT JULIA'S FARM KENNELS COMMERCIAL FEED 72.00 K MART #4315 RECREATIONAL SUPP. 384.19 KASSEL, STEPHANIE INSTRUCTOR/OFFICIATE 32.40 KEL-WELCO MIDWEST, INC. TOOLS & MINOR EQUIP. 317.03 KELLY, BRIDGET INSTRUCTOR/OFFICIATE 144.70 KENYON, DAWN LESSONS 7.00 KIEBEL, GARY MISCELLANEOUS -3.00 KIEBEL, KATE LESSONS 30.00 KING'S MATERIALS, INC. PAINT & SUPPLIES 24.22 KINGS SANDBLASTING EDUC./TRAINING SUPP. 30.00 KIRKWOOD COMMUNITY COLLEGE OUTSIDE PRINTING 117.83 KNIGHT, LIESL INSTRUCTOR/OFFICIATE 64.00 KNIGHT, MARILYN INSTRUCTOR/OFFICIATE 123.50 KNOCK, GERALD UNIFORM ALLOWANCE 98.80 KNOLL, LORRIE ENTRY FEES 40.00 KNOWLEDGE INDUSTRY PUBLICATION BOOKS, MAG., NEWSPAP 93.00 KRAMES COMMUNICATIONS PAMPHLET FILE MAT. 108.60 L. L. PELLING CO., INC. ASPHALT 3,757.97 LAFOSSE, LEOPALD MISCELLANEOUS 3.00 LALLA, VICKI TRAVEL 16.00 LAWRENCE MACHINE SHOP MINOR EQUIP REP 65.00 LAWYERS CO-OPERATIVE PUB. CO. GOOK(S) 46.00 1 LEE, JUNG WOON LESSONS 15.00 LEE, TIM BUILDING -ROOM RENTAL 100.00 LEGAL DIRECTORIES PUBLISHING BOOKS, MAG., NEWSPAP 29.87 LEIK, MARTIN UNIFORM ALLOWANCE 40.75 LENOCH & CILEK TOOLS & MINOR EQUIP. 355.89 LEON LYVERS TREE SURGERY TREE TRIM/REMOVAL 532.50 LINDSEY, KEVIN INSTRUCTOR/OFFICIATE 321.50 LINE, GEOFFREY MISCELLANEOUS 3.00 LOHMAN, SHERYL INSTRUCTOR/OFFICIATE 40.00 LORBER, GREGORY INSTRUCTOR/OFFICIATE 215.00 LORD, MICHAEL UNIFORM ALLOWANCE 6,24 LOREN'S SIGNS OUTSIDE PRINTING 30.00 LOVIG, TERESA INSTRUCTOR/OFFICIATE 75.60 LUDKE, ROBERT LESSONS 3.00 LUND, WARD INSTRUCTOR/OFFICIATE 162.50 LUNDBERG, KELLY MISCELLANEOUS 3.00 LYNCH CONST./PAINTING BUILDING IMPROVEMENT 10,275.00 LYONS SAFETY, INC. SAFETY CLOTHING 89.35 HANDLER, GREGORY INSTRUCTOR/OFFICIATE 288.80 MARSHALL CAVENDISH CORP. BOOKS (CAT./CIR.) 33.25 MARTI, GWEN INSTRUCTOR/OFFICIATE 7.40 MATASAR, SHARON INSTRUCTOR/OFFICIATE 114.00 MATTHEW BENDER & CO., INC. REFERENCE MATREIAL 171.98 MCCABE EQUIPMENT, INC. EDUC./TRAINING SUPP. 28.60 MCCUE, KEVIN INSTRUCTOR/OFFICIATE 108.45 MEACHAM TRAVEL SERVICE AIR FARE 278.00 MEANS SERVICES, INC. UNIFORM SERVICE 1,402.53 HECKLER CORP. PRINT/REFERENCE 85.50 MEDICAL ASSOCIATES MEDICAL SERVICE 1,351.00 MEISEL, BETTE MEALS 31.15 MEISTER PUBLISHING CO. BOOK(S) 47.00 114a COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT MELLERS PHOTO LABS, INC. FILM PROCESSING 52.79 MENEZES, MEENAL BUILDING -ROOM RENTAL 100.00 MERCY HOSPITAL MEDICAL SERVICE 3,028.60 METROPOLITAN SUPPLY CO. RECREATIONAL SUPP. 467.77 MEYER CO. GRAPHIC SUPPLIES 200.00 MID -AMERICA PRICING OFFICE SUPPLIES 947.58 MIDWEST DIVERS SUPPLY OTHER OPER. EQUIP. 1,895.00 MIDWEST JANITORIAL SUPPLY CORP SANITATION SUPP. 2,134.74 MIDWEST SALES CO. MINOR EQUIP. 471.60 MIDWESTERN CULVERT, LTD. BLDG. & CONST. SUP. 1,662.33 MILLARD-SANBORN, LYNNDA INSTRUCTOR/OFFICIATE 15.75 MILLER, CYNTHIA MISCELLANEOUS 6.00 MILLER, JUDITH LESSONS 12.00 MILLER, MARGARET LESSONS 7.50 MILLER, SALLY INSTRUCTOR/OFFICIATE 144.00 MILLS, RICHARD MISCELLANEOUS 3.00 MINNESOTA CLAY RECREATIONAL SUPP. 56.87 MISTER ANDERSON'S CO. BOOKS (CAT./CIR.) 73.32 MISTI MINICOMP SFTWR MAINT 375.00 MNB UTIL MAIL SERV CHRG 666.01 MOE, DEBRA CERTIFICATIONS 22.00 MOEN, MONICA CERTIFICATIONS 7.50 MONTGOMERY ELEVATOR CO. REP & MAINT TO BLDG. 75.00 MOOTZ, JEFF INSTRUCTOR/OFFICIATE 152.00 MOTOROLA COMMUNICATIONS SECTOR FIRE TRUCK(S) 2,511.25 MOTOROLA, INC. FIRE TRUCK(S) 1,446.00 MOTT, PATSY INSTRUCTOR/OFFICIATE 73.52 MPC NEWSPAPERS OUTSIDE PRINTING 407.04 MTC OF CEDAR RAPIDS, INC. COMM. EQUIP.REP. 1,465.00 MULFORD PLUMBING & HEATING REP OF ELECTRIC/PLBG 543.66 MULLIGAN, SARAH INSTRUCTOR/OFFICIATE 71.00 MURPHY, ED INSTRUCTOR/OFFICIATE 308.00 MURRAY, JANICE HEALTH/DENTAL INS. 33.94 MURRAY, JEAN INSTRUCTOR/OFFICIATE 10.00 MUTUAL BENEFIT LIFE INSURANCE DISABILITY INSURANCE 1,804.40 MYERS, KATHY LESSONS 40.00 NAEIR DUES & MEMBERSHIPS 495.00 NAGLE LUMBER CO. LUMBER/HARDWARE 336.90 NATIONAL CAREER WORKSHOPS REGISTRATION 69.00 NAVARRE, AMY INSTRUCTOR/OFFICIATE 20.00 NEALSON, DAVID PRESCRIPTIONS, DRUGS 8.52 NEDOBA, TIMOTHY INSTRUCTOR/OFFICIATE 136.50 NEHF, JULIE INSTRUCTOR/OFFICIATE 11.10 NELSON, DAN INSTRUCTOR/OFFICIATE 3.90 NEW WORLD RECORDS AUDIO 51.00 NEWKIRK SALES CO. FLUIDS GASES & OTHER 14.80 NEWSWERTH, CHRISTINE MISCELLANEOUS 3.00 NOEL'S TREE SERVICE TREE TRIM/REMOVAL 950.00 NORENBERG, GEORGE CERTIFICATIONS 25.00 NORTH AMERICAN GRAPHICS, INC. OTHER IMPROVE. MAT. 60.00 NORTH BAY COMPUTERWARE OFFICE SUPPLIES 3,910.45 NORTHWESTERN BELL TELEPHONE EQUIP. FEE 4,463.41 NYANDA, ALFRED LESSONS 13.00 9 114P 9 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT OAKES, DEAN MISCELLANEOUS 5.00 OCHS, JIM INSTRUCTOR/OFFICIATE 136.50 OCKENFELS, CATHY UNIFORM ALLOWANCE 23.68 ORIENTAL TRADING CO., INC. RECREATIONAL SUPP. 279.18 OSCO DRUG MISCELLANEOUS SUPP. 4.97 w OVERHEAD DOOR CO. OTHER REP. & MAINT. 41.90 PAINOVICH, JEANNETTE INSTRUCTOR/OFFICIATE 81.00 PARALLEL PORT MICRO -COMPUTER 243.00 PAT MCGRATH EDUC./TRAINING SUPP. 27.00 PAT MCGRATH, INC. MISCELLANEOUS 2.00 PAUL'S SANITATION SUPP. 234.43 PAYLESS CASHWAYS, INC. PLUMBING SUPPLIES 156.44 PAYROLL RECAP PAYROLL 3 -JUN -88 616,225.29 PC WORLD SUBSCRIPTION 23.75 PEOPLE'S DRUG STORES, INC. OFFICE SUPPLIES 140.27 PEREGRINE PRODUCTIONS RECREATIONAL SUPP. 1,963.65 PERMA-BOUND BOOKS (CAT./CIR.) 39.60 PERRENOUD, MICHELLE INSTRUCTOR/OFFICIATE 117.00 PETERSEN, STEVE INSTRUCTOR/OFFICIATE 294.00 PETERSON, WILLIAM CERTIFICATIONS 25.00 PHUNG, PETER PRINT/REFERENCE 20.00 PICKENS, CRAIG INSTRUCTOR/OFFICIATE 290.50 PICKUP, SUE INSTRUCTOR/OFFICIATE 82.80 PIETTE, WARREN LESSONS 3.00 PIGOTT, INC. OFFICE CHAIR(S) 211.66 PIP OUTSIDE PRINTING 832.80 PITNEY BOWES OFFICE EQUP REP 228.75 PLANTS ALIVE NURSERY SERVICES 35.00 PLEASANT VALLEY NURSERY, INC. TOOLS 194.09 PLEXIFORMS, INC. OFFICE SUPPLIES 90.00 PLUMBERS SUPPLY CO. PLUMBING SUPPLIES 9.97 PRATT AUDIO-VISUAL & VIDEO GRAPHIC SUPPLIES 278.86 PRENTICE HALL INFORMATION SERV TRAINING FILM/MAT. 215.63 PRINTERS SHOPPER OTHER OPER. EQUIP. 395.13 PUBLIC SAFETY CONSULTANTS REGISTRATION -90.00 PUBLIC TECHNOLOGY, INC. BOOKS, MAG., NEWSPAP 20.00 PUROLATOR COURIER CORP. FREIGHT 23.40 PYRAMID SERVICE, INC. TOOLS & MINOR EQUIP. 685.95 QUAIL RIDGE FARM MISCELLANEOUS 2.00 QUALITY BOOKS, INC. NON-FICTION VIDEO 223.77 QUALITY ENGRAVED SIGNS OUTSIDE PRINTING 33.19 QUIGLEY, CHRISTINE INSTRUCTOR/OFFICIATE 36.00 QUILL CORP. OFFICE SUPPLIES 5.91 R. C. BOOTH ENTERPRISES PRINT/REFERENCE 98.09 R. M. BOGGS CO., INC. REPAIR OF STRUCTURE 3,830.30 RADIO SHACK VIDEO RECORDING TAPE 9.90 RAINBOW CLEANERS REPAIR OF FURNISHING 356.93 RAND MCNALLY-TDM BOOKS (CAT./REF.) 98.00 RASHLEIGH, DEB MISCELLANEOUS 2.00 REGENT BOOK CO., INC. PRINT/CIRCULATING 26.62 REMMERT, JOHN INSTRUCTOR/OFFICIATE 24.00 RESEARCH GRANT GUIDES PRINT/REFERENCE 32.50 REYNOLDS, RACHEL MISCELLANEOUS 6.00 114P 9 COUNCIL LISTING JUNE 30, 1988 VENDOR NA14E PRODUCT DESCRIPTION AMOUNT RICHARD YOUNG PRODUCTS, INC. MICRO -COMPUTER 79.38 RIELLY, JAMES MISCELLANEOUS 5.00 RIETZ, SARAH INSTRUCTOR/OFFICIATE 72.00 RIVER PRODUCTS CO. SAND 1,903.63 ROADWAY EXPRESS, INC. FREIGHT 118.71 ROBERT S. MEANS CO., INC. BOOK(S) 108.50 ROGERS, THOMAS LESSONS 27.00 ROLIN, JANEL LESSONS 3.00 RON'SGWELDING & SUPPLIES, INC. EDUC./TRAINING SUPP. 374.08 ROSENBERG, ROBERT INSTRUCTOR/OFFICIATE 279.00 ROSSI, PATRICIA INSTRUCTOR/OFFICIATE 30.00 ROTO -ROOTER EQUIPMENT SERVICE 32.50 ROWLEY, NANCY HEALTH/DENTAL INS. 70.78 S & S ARTS AND CRAFTS RECREATIONAL SUPP. 194.63 S.O.S. ENTERPRISES UNIFORM CLOTHING 229.26 SANDER, DENNIS INSTRUCTOR/OFFICIATE 4.00 SANDERS-LUETJEN, PAMELA MISCELLANEOUS 3.00 SCHECHINGER, MARY INSTRUCTOR/OFFICIATE 52.50 SCHLAPKOHL, DAVID MISCELLANEOUS 3.00 SCHUSTER, NANCY LESSONS 60.00 SCHUTT, DON ENTRY FEES 40.00 SCIENCE NEWS PRINT/REFERENCE 13.00 SEETHAL, SHARMAINE LESSONS 30.00 SENIO, FALANIKO INSTRUCTOR/OFFICIATE 24.00 SERVICEMASTER REP & MAINT TO BLDG. 2,415.50 SHAKESHAFT, KATHERINE INSTRUCTOR/OFFICIATE 52.50 SHAY ELECTRIC REP OF ELECTRIC/PLBG 1,317.29 SHELLENBERGA, THOMAS MISCELLANEOUS 5.00 SHEROD, ALEC MISCELLANEOUS 3.00 SHIMOSATO, ELLIKO INSTRUCTOR/OFFICIATE 47.25 SHIVE-HATTERY ENGINEERS ENGINEERING SERVICES 54.00 SIEG CO. MISCELLANEOUS SUPP. 125.98 SILVER BURDETT CO. BOOKS (CAT./CIR.) 647.96 SIMON & SCHUSTER, INC. BOOKS (CAT./CIR.) 11.61 SINES, JACOB PH.D. TESTING SERVICES 964.40 SIOUX SALES CO. MISCELLANEOUS SUPP. 172.03 SKAUGSTAD, CHARLES M.D. CERTIFICATIONS 113.00 SLATTERY, SARAH INSTRUCTOR/OFFICIATE 8.00 SMEAL FIRE EQUIPMENT CO. MINOR EQUP. REP. MAT 13,509.20 SMITH ECOLOGICAL SYSTEMS, INC. BLDG. & IMPROVE. MAT 203.74 SMITH, JASON INSTRUCTOR/OFFICIATE 7.40 SOBALLE, KAREN INSTRUCTOR/OFFICIATE 61.20 SOUTHGATE DEVELOPMENT CO., INC BUILDING RENTAL 2,563.84 SPIRE TECHNOLOGIES, INC. MINICOMP SFTWR MAINT 468.00 SPRI PRODUCTS, INC. RECREATIONAL SUPP. 38.00 SQUIRE, MATTHEW INSTRUCTOR/OFFICIATE 7.20 STANDARD BLUE RECREATIONAL SUPP. 347.26 STANSKE, EVELYN INSTRUCTOR/OFFICIATE 42.00 STEFFEN, JAMES UNIFORM ALLOWANCE 62.59 STEVENS SAND & GRAVEL CO., INC SAND 145.64 STIERS, INC. RECREATIONAL SUPP. 67.94 STOCKMAN, THOMAS LESSONS 50.00 STRUB, MARY MISCELLANEOUS 8.00 //Gf COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT SYDNEY LANER & CO. RECREATIONAL SUPP. 246.60 SYLVESTER, BRYAN INSTRUCTOR/OFFICIATE 144.00 TANDY LEATHER CO. EDUC./TRAINING SUPP. 31.80 TAYLOR ROOFING SERVICES, INC. CONTRACTED IMPRV. 705.50 TECHNIGRAPHICS, INC. PAPER STOCK 826.93 TEGGATZ, LOREN PRESCRIPTIONS, DRUGS 72.40 TELECONNECT DIRECTORY CO. ADVERTISING 146.64 TEXACRAFT OTHER OFF. FURN/EQUI 2,284.81 THORNDIKE PRESS BOOKS (CAT./CIR.) 31.38 TIME -LIFE BOOKS AUDIO 19.94 TODD CORP. LAUNDRY SERVICE 1,380.18 TOWNCREST INTERNAL MEDICINE CERTIFICATIONS 150.00 TRAVEL CONCEPTS, INC. AIR FARE 298.00 TREIBER, JUDY MISCELLANEOUS 5.00 TRIPLE T ENTERPRISES, INC. REFERENCE MATREIAL 34.00 U OF IA. ACCOUNTS RECEIVABLE REGISTRATION 185.00 U OF IA. BUSINESS OFFICE WORK STUDY WAGES 759.19 U OF IA. HOSPITALS AND CLINICS MEDICAL SERVICE 137.25 U. S. GOVERNMENT PRINTING PRINT/REFERENCE 27.00 U. S. POST OFFICE POSTAGE 1,500.00 U. S. POST OFFICE - METER POSTAGE 5,000.00 U. S. POST OFFICE - OTHER BULK MAILING 365.00 UNIFORM DEN, INC. UNIFORM CLOTHING 424.36 UNION ELECTRONICS, INC. VIDEO RECORDING TAPE 521.67 UNITED PARCEL SERVICE FREIGHT 200.00 VANSICKLE, MARTHA LESSONS 15.00 VARLEY, TERI INSTRUCTOR/OFFICIATE 160.80 VICTORIAN HOMES BOOKS (CAT./CIR.) 18.95 VIDEO SCHOOL HOUSE NON-FICTION VIDEO 136.30 VIDEO SERVICE OF AMERICA VIDEO RECORDING TAPE 258.85 VITOSH, ROSEMARY TRAVEL 198.26 WAGNER, THOMAS SAFETY SHOES 47.95 WALGREENS FILM PROCESSING 226.04 WALL, DAVID MISCELLANEOUS 5.00 WALLACE COMPUTER SERVICES, INC PAPER 548.10 WALLACE-HOMESTEAD PRINTING CO. OUTSIDE PRINTING 474.80 WASHINGTON COUNTY SHERIFF SHERIFF FEE 16.00 WATERLOO POLICE DEPT. REGISTRATION 65.00 WEIDEMAN, MARY A. ELECTRICITY CHARGES 163.03 WEIGLE, BARBARA INSTRUCTOR/OFFICIATE 41.80 WEST MUSIC CO. RECREATIONAL EQUIP, 27.50 WEST PUBLISHING CO. BOOK(S) 81.50 WEST SIDE UNLIMITED CORP. MISCELLANEOUS 5.00 WESTERCAMP, PAT CERTIFICATIONS 25.00 WESTERN CONTINENTAL BOOK, INC BOOKS (CAT./CIR.) 26.10 WESTWOOD CERAMIC SUPPLY CO. RECREATIONAL SUPP. 13.07 WHITE, KIMBERLY INSTRUCTOR/OFFICIATE 52.00 WICK, KARIN INSTRUCTOR/OFFICIATE 63.00 WILDMAN, AMY INSTRUCTOR/OFFICIATE 10.80 WILKE, DEB ENTRY FEES 40.00 WILLIS, STEVEN INSTRUCTOR/OFFICIATE 252.00 WINEBRENNER FORD, INC. ATUOMOBILE(S) 1,715.00 WOODBURN SOUND SERVICE OTHER OFF. FURN/EQUI 412.67 //6f VENDOR NAME COUNCIL LISTING JUNE 30, 1988 PRODUCT DESCRIPTION AMOUNT INSTRUCTOR/OFFICIATE 64.25 INSTRUCTOR/OFFICIATE 150.00 FIRST AID & SAF. SUP 33.40 MISCELLANEOUS 1.00 INSTRUCTOR/OFFICIATE 14.00 MISCELLANEOUS 5.00 MICROFISCHE 145.60 FUND TOTAL 1,131,650.88 i L r COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: DEBT SERVICE FUND BANKERS TRUST GO BOND INT 562.50 CARROLL, JAMES GO BOND PRINCIPAL 10,000.00 CEDE & CO. GEN OBLIGATION BONDS 205,000.00 CHASE MANHATTAN BANK, N.A. GO BOND PRINCIPAL 113,405.00 CHEMICAL BANK SECURITIES DEPT. GEN OBLIGATION BONDS 205,000.00 DEPOSITORY TRUST CO. GEN OBLIGATION BONDS 190,000.00 DREXEL BURNHAM LAMBERT, INC. GEN OBLIGATION BONDS 10,000.00 FED. RES. BANK OF CHICAGO GEN OBLIG BONDS INT 12,762.50 FEDERAL HOME LOAN BANK OF GO BOND INT 812.50 FEDERAL RES. BANK OF CHICAGO GEN OBLIG BONDS INT 17,625.00 FIRST INTERSTATE BANK OF DES GO BOND INT 102,057.50 FIRST NATIONAL BANK OF CHICAGO GO BOND PRINCIPAL 111,245.00 FIRST TRUST & SAVINGS BANK GO BOND INT 825.00 HAWKEYE STATE BANK GEN OBLIG BONDS INT 1,200.00 IOWA STATE BANK GO BOND INT 825.00 JNB BAS TRUST UA 7-26-84 GEN OBLIGATION BONDS 100,000.00 LOEFFELHOLZ, KAY GEN OBLIGATION BONDS 5,130.00 LOUIS R. PAASKE SR. AND GEN OBLIGATION BONDS 5,000.00 MERCANTILE BANK, N.A. GEN OBLIGATION BONDS 75,000.00 MILDRED L. MILLER GEN OBLIGATION BONDS 5,000.00 MUTUAL FIRE & AUTOMOBILE INS. GEN OBLIGATION BONDS 100,000.00 NATIONAL BANK OF WATERLOO GEN OBLIGATION BONDS 21,430.00 NEW JERSEY NATIONAL BANK GEN OBLIGATION BONDS 400,000.00 NORWEST BANK DES MOINES, N.A. GO BOND INT 51,575.00 NORWEST BANK MINNEAPOLIS, N.A. GO BOND PRINCIPAL 75,000.00 PAUL V. SHEARER AND GEN OBLIGATION BONDS 5,000.00 PEOPLES BANK & TRUST CO. GEN OBLIGATION BONDS 51,575.00 SECURITY PACIFIC CLEARING & GEN OBLIGATION BONDS 96,562.50 SECURITY PACIFIC CLEARING AND GEN OBLIGATION BONDS 10,260.00 SECURITY PACIFIC CLEARING CORP GEN OBLIGATION BONDS 50,000.00 STATE STREET BANK & TRUST CO. GO BOND PRINCIPAL 10,260.00 VALLEY NATIONAL BANK GO BOND INT 780.00 VARIOUS BOND OWNERS REGISTERED BOND INT. 198,537.50 VICTORIA BANK & TRUST CO. GEN OBLIG BONDS INT 4,050.00 WALTON ENTERPRISES GEN OBLIGATION BONDS 25,000.00 WESTENDORF, ANDREW J. GEN OBLIG BONDS INT 265.00 FUND TOTAL veveaa 2,271,745.00 //Of 9 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: CAPITAL PROJECTS A T & T COMMUNICATIONS BEST RENTAL CENTERS BLACK & VEATCH CITY ELECTRIC SUPPLY, INC. CRESCENT ELECTRIC SUPPLY CO. DVORAK PAINTING & DECORATING FEDERAL EXPRESS CORP. INDEPENDENT INSURANCE AGENTS IOWA CITY PETTY CASH IOWA CITY READY MIX, INC. IOWA DEPT. OF TRANSPORTATION IOWA STATE BANK - FICA IPERS JOHNSON COUNTY CLERK JOHNSON COUNTY SHERIFF JOHNSON COUNTY TREASURER LARSON CONST. CO., INC. METCALF & EDDY, INC. METRO PAVERS, INC. MURRAY'S EXCAVATING NEUMANN MONSON NIKOL BORING, INC. NORTHWESTERN BELL OPAL D. HOCHSTETLER ESTATE PAUL A. LAURENCE CO. PAYROLL RECAP RECREATION SUPPLY CO. SECURITY ABSTRACT CO. SILVER SPOON TECHNIGRAPHICS, INC. TELECONNECT TIMMINS, TERRENCE VAN WINKLE & HART ENGINEERING LONG DISTANCE CALLS 47.06 TOOLS & EQUIP. RENT. 2,014.91 ENGINEERING SERVICES 1,524.21 ELECTRICAL SUPPLIES 448.99 ELECTRICAL SUPPLIES 77.07 BUILDING IMPROVEMENT 147.40 FREIGHT 14.00 FIRE & CASUALTY INS. 618.00 UPS CHARGES 24.68 CONCRETE 26.15 ENGINEERING SERVICES 233.39 FICA 1,100.63 IPERS 646.34 COURT SETTLEMENTS 10,000.00 SHERIFF FEE 11.00 PROPERTY TAX 4,300.49 CONTRACTED IMPRV. 115,409.80 ENGINEERING SERVICES 621,280.00 CONTRACTED IMPRV. 387,237.08 NON -CONTRACTED IMPRV 310.00 ARCHITECTURAL SERV. 11,560.00 NON -CONTRACTED IMPRV 4,340.00 LONG DISTANCE CALLS 1.60 LAND PURCHASE 28,199.51 CONTRACTED IMPRV. 166,799.10 PAYROLL 3 -JUN -88 14,655.93 OTHER OPER. EQUIP. 5,160.00 ABSTRACTS 1,400.00 FOOD 402.50 OUTSIDE PRINTING 7,354.01 COMMUNICATION EQUIP 1,445.85 REIMB OF EXPENSES 12.47 ENGINEERING SERVICES 200.00 FUND TOTAL a�1,387,002�17 Al � 6 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: ENTERPRISE FUNDS % RICHARD FARNSWORTH WATER OVERPAYMENT 1.90 A T & T COMMUNICATIONS LONG DISTANCE CALLS 77.42 A T & T INFORMATION SYSTEMS TELEPHONE EQUIP. FEE 303.62 A. Y. MCDONALD MFG. CO. PURCHASE FOR RESALE 1,244.37 AALGAARD, DAWN JEANNETTE WATER OVERPAYMENT 31.11 ADAMS, SARAH WATER OVERPAYMENT 25.59 ADVANCED DRAINAGE SYSTEMS, INC BLDG. & CONST. SUP. 2,144.24 AIR COOLED ENGINE SERVICES MINOR EQUIP REP 79.15 AKERS, JACKLYN WOLRAB WATER OVERPAYMENT 23.29 ALEXANDER, PETER M WATER OVERPAYMENT 16.40 ALLISON, DOUG WATER OVERPAYMENT 29.21 AMERICAN PUBLIC TRANSIT ASSOC. DUES & MEMBERSHIPS 2,846.35 AMERICAN WATER WORKS ASSOC. REFERENCE MATREIAL 202.25 ANDERSON, WAYNE WATER OVERPAYMENT 10.69 ANSWER IOWA, INC. PAGING 92.84 AOPA BOOKS, MAG., NEWSPAP 29.85 APACHE HOSE & BELTING, INC. MISCELLANEOUS SUPP. 261.55 ASSOCIATED BAG CO. SANITATION SUPP. 33.78 AUDREY'S' WATER OVERPAYMENT 33.01 AUTOMATIC SYSTEMS CO. MINOR EQUP. REP. MAT 1,819.29 BALDRIGE, MICHAEL WATER OVERPAYMENT 23.15 BARK, STEVEN J WATER OVERPAYMENT 35.10 BARRON MOTOR SUPPLY MISC EQUIP REP MAT 102.90 BEDELL, CHARLES E WATER OVERPAYMENT 19.88 BEHNING, DON WATER OVERPAYMENT 20.21 BENJAMIN, RICKY C WATER OVERPAYMENT 39.31 BERRY, MATT WATER OVERPAYMENT 16.90 BEST RENTAL CENTERS TOOLS & EQUIP. RENT. 874.19 BISHOP, CHRIS WATER OVERPAYMENT 21.59 BLACK, BRENDA WATER OVERPAYMENT 35.80 BLACKMAN DECORATORS, INC. BLDG. & IMPROVE. MAT 4.68 BLUE CROSS & BLUE SHIELD DENTAL INSURANCE 833.64 BOGE, MICHAEL A WATER OVERPAYMENT 24.01 BOSSO, TRACEY WATER OVERPAYMENT 20.71 BRADY, JOHN J WATER OVERPAYMENT 42.39 BRANDES, LORA L WATER OVERPAYMENT 20.21 BRANDT HEATING & REP OF COOLING EQUIP 199.50 BRENNEMAN SEED & PET CENTER GRASS SEED 1,115.25 BRINTON, EDWARD MEALS 18.29 BROWN, BRET C WATER OVERPAYMENT 4.98 BROWN, KIRK E WATER OVERPAYMENT 30.12 BROWN, TODD R WATER OVERPAYMENT 37.41 C.S.G. RENTAL PROPERTIES MISCELLANEOUS 24.60 CAHALAN, CATHY WATER OVERPAYMENT 27.31 CARR, KEVIN L WATER OVERPAYMENT 31.11 CARTWRIGHT, ALEXANDER WATER OVERPAYMENT 30.92 CARY, DONNA S WATER OVERPAYMENT 37.01 CASELLI, RICHARD WATER OVERPAYMENT 19.88 CATRENICH, CARL WATER OVERPAYMENT 35.80 CAVINESS, TONNI L WATER OVERPAYMENT 33.89 11a COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT CERVENY, JAMES F WATER OVERPAYMENT 24.01 CHAKRABURTY, GOUTAM WATER OVERPAYMENT 14.40 CHANDLER, JAMES WATER OVERPAYMENT 3.08 CHARBONNEAU, C %ZAHRADINEK, J WATER OVERPAYMENT 8.27 CHEN, EMILY WATER OVERPAYMENT 27.30 CITY ELECTRIC SUPPLY, INC. PAINT & SUPPLIES 86.18 CLAUSSEN, MELISSA WATER OVERPAYMENT 33.20 CLERICAL RECAP PAYROLL 3 -JUN -88 495.35 COMMERCIAL TOWEL SERVICE, INC. LAUNDRY SERVICE 29.70 COMPUTERLAND OF IOWA CITY DATA COMMUN. EQUIP. 818.00 CONNELL, CHRIS WATER OVERPAYMENT 31.30 CONTRACTOR'S TOOL & SUPPLY CO. TOOLS 215.01 CONTROL DATA CORP. MINOR EQUIP REP 3,744.00 COOKSEY, PAMELA WATER OVERPAYMENT 27.30 COOPER, STEVE WATER OVERPAYMENT 44.59 COULTER, CHARLES R WATER OVERPAYMENT 16.99 COY, DANIEL C WATER OVERPAYMENT 33.20 CRAMER, LES WATER OVERPAYMENT 21.59 CRANDIC RAILWAY CO. LAND RENTAL 100.00 CRESCENT ELECTRIC SUPPLY CO. ELECTRICAL SUPPLIES 136.11 CROOKS, TERENCE % D MICHAEL WATER OVERPAYMENT 8.79 CROUCH, CHARLES A WATER OVERPAYMENT 31.30 CROWLEY, JACK SAFETY SHOES 35.00 CULLIGAN EQUIPMENT RENTAL 26.50 CUNNINGHAM, DAVID J WATER OVERPAYMENT 20.72 DAMON, RANDALL P WATER OVERPAYMENT 10.69 DAMROW, GRETCHEN J WATER OVERPAYMENT 19.69 DAVE LONG PROTECTIVE PRODUCTS MINOR EQUIP REP 10.00 DAVENPORT BANK AND TRUST CO. REV BONDS INTEREST 162.00 DEBT SERVICE TRANSFE MISCELLANEOUS TRANS 672,654.38 DI -CHEM CO. WATER/SEWAGE CHEM. 1,643.40 DICK COLE CONST. CO. OTHER REP. & MAINT. 450.00 DONHAM, JEAN WATER OVERPAYMENT 17.97 DOSTAL, LARRY WATER OVERPAYMENT 27.49 DOTSON, JEFF WATER OVERPAYMENT 21.59 DOYEN CO. SANITATION SUPP. 38.35 DRESDEN, ARTHUR WATER OVERPAYMENT 3.08 DUBON, RAFAEL WATER OVERPAYMENT 12.59 DULL, DAVID L WATER OVERPAYMENT 20.21 DUNPHY, KAREN WATER OVERPAYMENT 16.40 EAGLE FOOD CENTER #220 SANITATION SUPP. 19.50 EDWARDS, MAUREEN WATER OVERPAYMENT 14.17 EICHMANN, WILLIAM C WATER OVERPAYMENT 11.02 ELBERT, KATIE WATER OVERPAYMENT 9.29 ELECTRIC MOTORS OF IOWA CITY MINOR EQUP. REP. MAT 318.37 ENDRIS, BRUCE SAFETY SHOES 44.50 ERICKSON, LORI WATER OVERPAYMENT 24.01 FAIRBAIRN, SCOTT WATER OVERPAYMENT 2.56 FAIRBANKS SCALES MINOR EQUIP REP 102.50 FECHT, MARLEA R WATER OVERPAYMENT 25.59 FED. RES. BANK OF CHICAGO REV BONDS INTEREST 76.00 FEDERAL EXPRESS CORP. FREIGHT 28.00 FEDERAL RES. BANK OF CHICAGO REV BOND INT 133.00 1w COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FENTON, STEVEN P WATER OVERPAYMENT 51.90 FERGUSON, WILLIAM WATER OVERPAYMENT 18.30 FIRST INTERSTATE BANK OF DES REV BONDS INTEREST 1,307.50 FIRST NATIONAL BANK OF CHICAGO REV BONDS INTEREST 2,553.00 FISHER, PHYLLIS WATER OVERPAYMENT 18.30 FLEETWAY STORES, INC. TOOLS 16.63 FLEWELLING, HARVEY D WATER OVERPAYMENT 29.21 FRANTZ CONST. CO. OTHER REP. & MAINT. 1,059.74 FREELAND, JOE WATER OVERPAYMENT 9.29 FREEMAN LOCK & ALARM, INC. MISCELLANEOUS SUPP. 95.92 FRODEL, JOHN L JR WATER OVERPAYMENT 35.80 FROHWEIN OFFICE SUPPLY OFFICE SUPPLIES 87.81 GARRETT, C DENDEY WATER OVERPAYMENT 11.11 GENERAL CHEMICAL CORP. ALUMINUM SULFATE 8,282.96 GILPIN PAINT & GLASS, INC. PAINT & SUPPLIES 10.96 GIRKEN, LISA A WATER OVERPAYMENT 3.58 GLASENAPP, DAVID F WATER OVERPAYMENT 18.30 GLENN, MARGARET WATER OVERPAYMENT 20.21 GODFREY, MICHELLE WATER OVERPAYMENT 2.46 GODWIN, BETH WATER OVERPAYMENT 5.49 GOTCHALL, JOHN WATER OVERPAYMENT 8.79 GREEN, TERRENCE % UNIV OF IA WATER OVERPAYMENT 24.01 GRIFFIN PIPE PRODUCTS CO. WATER SYS IMPR MAT 9,638.96 GRINDE, DAVID WATER OVERPAYMENT 14.50 GUARANTY BANK & TRUST CO. REV BOND INT 228.00 HACH MINOR EQUIP REP 775.33 HACH BROTHERS CO., INC. SANITATION SUPP. 326.23 HAGANS, PEGGY WATER OVERPAYMENT 31.11 HALFORD, TODD WATER OVERPAYMENT 18.81 HALPRIN SUPPLY CO. WATER SYS IMPR MAT 142.40 HANAWA, SANAE % MELCHER, KAREN WATER OVERPAYMENT 19.69 HANG -CHIN, LAI Y LAI, D.S. WATER OVERPAYMENT 33.01 HANNAM, KRIS WATER OVERPAYMENT 17.80 HARMON, KEVIN A WATER OVERPAYMENT 2.70 HARRIS, PATRICIA WATER OVERPAYMENT 48.10 HAWKEYE LUMBER CO. SEWER SYS IMPR MAT 31.77 HAWKEYE STATE BANK REV BONDS INTEREST 361.00 HAWKEYE WELD & REPAIR MINOR EQUP. REP. MAT 26.50 HAYS, JEFF WATER OVERPAYMENT 18.30 HEATHERLY, KRISTI WATER OVERPAYMENT 4.46 HEDDING, JANET WATER OVERPAYMENT 23.50 HEINEKING, KRISTIN WATER OVERPAYMENT 8.27 HENDERSON, RITA C WATER OVERPAYMENT 37.01 HENNAGIR, JOHN R WATER OVERPAYMENT 9.29 HENRICH, DOUG WATER OVERPAYMENT 3.08 HILLS BANK AND TRUST CO. REV BONDS INTEREST 162.50 HOLIDAY WRECKER & CRANE SERV. OTHER REP. & MAINT. 150.00 H00, MEE-KEUN WATER OVERPAYMENT 13.98 HOOD, AGNES M WATER OVERPAYMENT 27.49 HOWE, CRAIG A WATER OVERPAYMENT 27.49 HROMAS, ROBERT WATER OVERPAYMENT 12.26 HSU, CHING-YEN WATER OVERPAYMENT 44.29 HUIBREGTSE, JORAH WATER OVERPAYMENT 20.21 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT HUNTER, BRUC WATER OVERPAYMENT 24.52 HUTCHINS, B (MN63 B310) WATER OVERPAYMENT 7.P1 IBEN, LELAND E WATER OVERPAYMENT 14.50 IMES, BETH WATER OVERPAYMENT 41.51 INDEPENDENT INSURANCE AGENTS WORKER'S COMP INS 41447.61 INLAND ASSOCIATES, INC. EDP MONITORS/DISPLAY 430.39 IOWA BEARING CO., INC. MINOR EQUP. REP. MAT 124.68 IOWA CITY JANITOR SUPPLY SANITATION SUPP. 832.65 IOWA CITY PETTY CASH IOWA CITY READY MIX, INC. UPS SAMPLES CONCRETE 43.66 IOWA CITY TYPEWRITER CO. MISC. PERIPHERALS 762.25 33.90 IOWA CONCRETE PRODUCTS CO. SEWER SYS IMPR MAT 198.00 IOWA DEPARTMENT OF NATURAL CERTIFICATIONS 80.00 IOWA GLASS DEPOT LUMBER/HARDWARE 55.80 i IOWA ILLINOIS GAS & ELECTRIC IOWA STATE BANK - FICA HEATING FUEL/GAS 34,266.78 IOWA STATE BANK COMPUTER SERV. FICA METERED SALES 15,214.65 30.24 IOWA STATE TREASURER SALES TAX SALES TAX COLLECTED 7,169.64 IPERS IRISH, RALPH E IPERS WATER OVERPAYMENT 11,365.39 1.17 JACKS DISCOUNT, INC. SANIT. & IND. SUPP. 16.95 JACOBS, ROBERT WATER OVERPAYMENT 1.68 JARNOW, DEAN JEWETT, TAMISON WATER OVERPAYMENT 14.50 JOHNSON COUNTY SEATS WATER OVERPAYMENT AID TO AGENCIES 3.08 91499.06 JOHNSON, CARTER WATER OVERPAYMENT 16.40 JOHNSON, DAVID W WATER OVERPAYMENT 33.01 JOHNSON, ROSS LEE WATER OVERPAYMENT 39.60 JOHNSTON, DEIRDRE D WATER OVERPAYMENT 16.40 KAELBER, CANDICE WATER OVERPAYMENT 13.10 KAPP, ELLEN KAR PRODUCTS, INC. WATER OVERPAYMENT LUMBER/HARDWARE 10.69 KIEWIET, STEVE WATER OVERPAYMENT 63.21 29.39 KILBURY, ROBERT WATER OVERPAYMENT 6.88 KNAUS, KAREN WATER OVERPAYMENT 30.09 KNUTSON, BRIAN J WATER OVERPAYMENT 18.81 KOLBERG, MICHAELA WATER OVERPAYMENT 46.19 KREISS, JIM WATER OVERPAYMENT 33.01 KRNA, INC. ADVERTISING 483.00 KUNTZ, LORI WATER OVERPAYMENT 33.89 L. L. PELLING CO., INC. ASPHALT 604.92 LAGER, DONNA J WATER OVERPAYMENT 50.00 LAMB, MARILYN L WATER OVERPAYMENT 41.51 LAUER, GEOFFREY WATER OVERPAYMENT 14.50 LAWLER, KATHLEEN WATER OVERPAYMENT 8,27 LAWSON, JERRY REV BOND INT 114.00 LAZO, ALBERT F WATER OVERPAYMENT 33.01 LENOCH & CILEK ELECTRICAL SUPPLIES 30.29 LETCHER, LAURIE WATER OVERPAYMENT 33.01 LIAMETZ, TAMMY WATER OVERPAYMENT 6.88 LILLIE, RUTH E WATER OVERPAYMENT 3.40 LLOYD, THOMAS R WATER OVERPAYMENT 12.59 LORENZEN, JAMES WATER OVERPAYMENT 20.57 //Loo COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT LOZIER, CHARLES 0 WATER OVERPAYMENT 7.39 LUCHT, BETH WATER OVERPAYMENT 14.50 LUND, ERIC E WATER OVERPAYMENT 21.78 LYONS SAFETY, INC. SAFETY CLOTHING 89.36 MACLEOD, JON WATER OVERPAYMENT 33.20 MAHAN, LYNDA WATER OVERPAYMENT 16.07 MAKI, DENNIS R WATER OVERPAYMENT 39.60 MALIK, DIANE MARIE WATER OVERPAYMENT 37.70 MANNING TECHNOLOGIES, INC. MINOR EQUP. REP. MAT 162.06 MANNINO, BETH WATER OVERPAYMENT 25.40 MARTINEZ, DEBRA WATER OVERPAYMENT 34.82 MATHERNE, G. PAUL WATER OVERPAYMENT 19.88 MAZULA, TINA WATER OVERPAYMENT 22.11 MCBREEN, CHARLES WATER OVERPAYMENT 20.21 MCCARTHY, MICHAEL P WATER OVERPAYMENT 25.57 MCDONALD, BONNIE WATER OVERPAYMENT 41.51 MEANS SERVICES, INC. UNIFORM SERVICE 2,313.12 MERCANTILE BANK, N.A. REV BOND INT 133.00 MESSER, DIANNE L WATER OVERPAYMENT 13.98 HETRICK, ROBERT WATER OVERPAYMENT 39.60 MEYER, TRACY RAMP PERMITS 41.30 MIDWEST JANITORIAL SERVICES TECHNICAL SERVICES 167.00 MIELNIK, WILLIAM R WATER OVERPAYMENT 44.29 MILLER, SCOTT REAGAN WATER OVERPAYMENT 24.01 MINOR, ROBERT L JR WATER OVERPAYMENT 16.40 MISCO, INC. DATA COMMON. EQUIP. 55.98 MONEY HANDLING MACHINES, INC. OFFICE EQUP REP 610.00 MONITTO, DOREEN WATER OVERPAYMENT 29.39 MONTGOMERY ELEVATOR CO. REP & MAINT TO BLDG. 596.00 MOONEY, PAUL WATER OVERPAYMENT 5.31 MOREHOUSE, DAN WATER OVERPAYMENT 3.58 MORIN, DANIEL L WATER OVERPAYMENT 4.98 MORRISON, CASEY RAMP PERMITS 46.50 MULLINS, BRIDGHDE WATER OVERPAYMENT 29.39 MUMMERT, ELIZABETH A WATER OVERPAYMENT 16.40 MUNSON, THOMAS WATER OVERPAYMENT 50.00 MURPHY, ANN E WATER OVERPAYMENT 33.01 MURRAY'S EXCAVATING NON -CONTRACTED IMPRV 310.00 MUSSER, GARY WATER OVERPAYMENT 24.01 MUTUAL BENEFIT LIFE INSURANCE DISABILITY INSURANCE 877.24 NAGLE LUMBER CO. LUMBER/HARDWARE 16.81 NATIONAL BANK OF WATERLOO REV BOND INT 76.00 NEES, MICHAEL D WATER OVERPAYMENT 20.21 NELSON, ANDREA WATER OVERPAYMENT 12.59 NEPTUNE WATER METER CO. WATER METERS 6,461.69 NEUMEYER, VICKI WATER OVERPAYMENT 33.01 NIKOL BORING, INC. NON -CONTRACTED IMPRV 4,340.00 NORTH BAY COMPUTERWARE MAGNETIC MEDIA 78.63 NORTHWESTERN BELL TELEPHONE EQUIP. FEE 1,089.41 O'BERRY, TERRY WATER OVERPAYMENT 50.00 OBERBROECKLING, JULIE WATER OVERPAYMENT 14.50 OLD CAPITOL CAB CO. AID TO AGENCIES 613.10 ONEL, YASAR WATER OVERPAYMENT 29.39 11497 1 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT PATTERSON, THOMAS C SR WATER OVERPAYMENT 33.01 PAUL'S TOOLS 24.21 PAULK, EDDIE WATER OVERPAYMENT 22.11 PAYROLL RECAP PAYROLL 3 -JUN -88 202,486.78 PEDELTY, VICTOR J WATER OVERPAYMENT 18.30 PETERS, PHIL WATER OVERPAYMENT 29.39 PICCHIOTTI, JOSEPH WATER OVERPAYMENT 24.52 PIGOTT, INC. OFFICE CHAIRS) 221.92 PIP OUTSIDE PRINTING 9.60 PLEASANT VALLEY NURSERY, INC. MINOR EQUIP REP 688.65 PLUMBERS SUPPLY CO. TOOLS 296.34 POGEMILLER, RANDY WATER OVERPAYMENT 16.40 PRESTAGE, JAMES WATER OVERPAYMENT 37.70 PRIBBLE, JAMES WATER OVERPAYMENT 41.51 PRUISNER, CAROL A WATER OVERPAYMENT 33.01 PUGH, KEVIN WATER OVERPAYMENT 33.89 PURE WATER SUPPLY MISCELLANEOUS SUPP. 33.75 PYRAMID SERVICE, INC. MINOR EQUP. REP. MAT 16.66 QUAL, KIM WATER OVERPAYMENT 13.98 QUIGLEY, KAREN WATER OVERPAYMENT 4.98 R. M. BOGGS CO., INC. REP OF HEATING EQUIP 674.87 RADIO SHACK MISCELLANEOUS SUPP. 107.90 RAMSEY, DAN WATER OVERPAYMENT 50.00 REUBER, LINDA M WATER OVERPAYMENT 34.77 RICHARDSON, DARYL WATER OVERPAYMENT 20.11 RIVER PRODUCTS CO. ROCK 1,466.01 RIVER, LORIE WATER OVERPAYMENT 18.19 RODGERS, SALLY WATER OVERPAYMENT 31.30 ROHRBAUGH, MALCOLM WATER OVERPAYMENT 24.41 ROMEO, GENO WATER OVERPAYMENT 3.58 RON'S WELDING & SUPPLIES, INC. MISCELLANEOUS SUPP. 82.67 ROWE, JODY R WATER OVERPAYMENT 20.21 RYAN, THOMAS P WATER OVERPAYMENT 37.01 SAMUELSON, ANN MARIE WATER OVERPAYMENT 3.41 SANDLER, ANTHONY WATER OVERPAYMENT 9.29 SCHAUER, PETER CONSULTANT SERVICES 1,555.95 SCHLAPIA, DAVID WATER OVERPAYMENT 17.79 SCHLUETER, LEON SAFETY SHOES 51.99 SCHMID, PHILLIP III WATER OVERPAYMENT 37.70 SCHNEIDER, CRAIG WATER OVERPAYMENT 6.88 SCHNEIDER, TIMOTHY L WATER OVERPAYMENT 23.50 SCIENTIFIC PRODUCTS DIVISION MISCELLANEOUS SUPP. 92.86 SECURITY PACIFIC CLEARING & REV BONDS INTEREST 210.00 SEDLACEK, MIKE GRASS SEED 40.00 SHAWVER, TAMARA A WATER OVERPAYMENT 8.27 SHIVE, R. JERRAL WATER OVERPAYMENT 24.01 SIMONETTI, I %GRASSI, G WATER OVERPAYMENT 4.98 SINNOTT, TOM WATER OVERPAYMENT 23.50 SMITH, BRENT D WATER OVERPAYMENT 16.40 SMITH, JAMES G WATER OVERPAYMENT 22.11 SMITH, LISA R WATER OVERPAYMENT 15.00 SMITH, TAMRA L WATER OVERPAYMENT 12.59 SOUTHGATE DEV %SANCTUARY WATER OVERPAYMENT 26.50 11a COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT SPEER, KATHLEEN WATER OVERPAYMENT 9.29 SPOTO, GILAINE WATER OVERPAYMENT 11.02 SPRING GREEN NURSERY SERVICES 105.00 STADLER-DOWNING, DIANE E WATER OVERPAYMENT 1.50 STANTON, MARK WATER OVERPAYMENT 31.30 STAPLES, JOHN J WATER OVERPAYMENT 15.00 STEIN, DAVE WATER OVERPAYMENT 39.60 STEVENS SAND & GRAVEL CO., INC SAND 244.89 STIMSON, JAMES A WATER OVERPAYMENT 46.19 STROHMER, GERHARD WATER OVERPAYMENT 11.02 SUPER, BILL WATER OVERPAYMENT 30.97 TACK, KATHRYN WATER OVERPAYMENT 40.48 TESSEN, JACQULINE A WATER OVERPAYMENT 8.79 THOMPSON, CHRISTOPHER M WATER OVERPAYMENT 27.30 THOMPSON, GREG WATER OVERPAYMENT 4.98 THOMPSON-HAYWARD CHEMICAL CO. WATER/SEWAGE CHEM. 2,475.00 TODD CORP. LAUNDRY SERVICE 807.86 TREMBLE, STEVEN, %TREMBLE, NEA WATER OVERPAYMENT 24.01 TROYER, GILBERT HAULING 30,080.00 U OF IA. HYGIENIC LABORATORY TECHNICAL SERVICES 589.00 UNION ELECTRONICS, INC. LUBRICANTS 76.08 OSHA, MALLIK WATER OVERPAYMENT 33.01 UTILITY EQUIPMENT CO. WATER SYS IMPR MAT 3,341.67 VALLEY NATIONAL BANK REV BOND INT 190.00 VAN ORSOW, PAM WATER OVERPAYMENT 35.80 VAN ZANTE, JOEL WATER OVERPAYMENT 20.21 j VEDEPO, JOHN M WATER OVERPAYMENT 24.01 VWR SCIENTIFIC, INC. LAB. CHEM. & SUPP. 144.17 WAGNER, DAVID WATER OVERPAYMENT 24.01 WAKE, DAMON WATER OVERPAYMENT 2.70 WALKER-BEHR, SUSAN WATER OVERPAYMENT 16.40 WALLAPA, BOONROD WATER OVERPAYMENT 5.49 WATER PRODUCTS CO. WATER SYS IMPR MAT 829.15 WATTERS, STEVE WATER OVERPAYMENT 12.08 WEG, MARSHA WATER OVERPAYMENT 1.17 WEINZERI, THOMAS H WATER OVERPAYMENT 22.61 WEIS, LAURA WATER OVERPAYMENT 7.22 WELLS, JAMES SAFETY SHOES 70.00 WELLS, JOHN RAMP PERMITS 40.00 WELTER, MARY WATER OVERPAYMENT 17.79 WENZEL, DOUG WATER OVERPAYMENT 27.30 WESSLING, CHRISTOPHER G WATER OVERPAYMENT 16.02 WEST BRANCH & TIPTON ROOFING CONTRACTED IMPRV. 12,199.50 WHITE, JEANE V WATER OVERPAYMENT 13.10 WIDEL, LARRY F WATER OVERPAYMENT 19.29 WIEBOLD, RON WATER OVERPAYMENT 33.01 WILBERDING, JAMES Z WATER OVERPAYMENT 28.18 WILLAERT, MATT WATER OVERPAYMENT 25.40 WILLIAMS, CHRIS WATER OVERPAYMENT 33.89 WILLIS, JUDYTH A WATER OVERPAYMENT 24.01 WINTER, JULIE WATER OVERPAYMENT 11.20 WITT, NANCY WATER OVERPAYMENT 20.72 WOLTERS, ROBERT SAFETY SHOES 70.00 VENDOR NAME WRIGHT, PRISCILLA ZEHR, FRED ZENOR, BARBRA J ZION LUTHERAN CHURCH COUNCIL LISTING JUNE 30, 1988 PRODUCT DESCRIPTION AMOUNT PROFESSIONAL SERVICE 128.00 CONSULTANT SERVICES 812.50 WATER OVERPAYMENT 23.50 MISCELLANEOUS 469.00 FUND TOTAL 1,088,773.49 r COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: TRUST AND AGENCY 3M CO. MISC PROCESSING SUP 460.00 A T & T COMMUNICATIONS LONG DISTANCE CALLS 8.82 A T & T INFORMATION SYSTEMS TELEPHONE EQUIP. FEE 9.88 ABC-CLIO, INC. BOOKS (CAT./CIR.) 105.86 AERO RENTAL EQUIPMENT RENTAL 11.15 AKERS, PATRICK MONTHLY RET BENEFITS 511.42 ANDERSON, DEAN ELDERCRAFT SHOP SALE 10.41 ANTES, JOELLA ELDERCRAFT SHOP SALE 4.00 BADGER, HELEN ELDERCRAFT SHOP SALE 12.50 BAILEY, WENDY ELDERCRAFT SHOP SALE 2.00 BAKER & TAYLOR CO. BOOKS (CAT./CIR.) 129.71 BAKER & TAYLOR VIDEO VIDEO RECORDINGS 56.32 BALDWIN, KATHRYN ELDERCRAFT SHOP SALE 16.00 BEBEE, DEAN SERVICE BENEFITS 1,008.68 BERMEL, JAMIE LOCAL MILEAGE 68.40 BICYCLE FORUM SUBSCRIPTION 19.95 BLACKBOURN, INC. AUDIO VISUAL SUP 251.15 BLUE CROSS & BLUE SHIELD HEALTH/DENTAL INS. 24,093.38 BOGS, RON DISABILITY BENEFITS 1,316.24 BOOKMEN, INC. BOOKS (CAT./CIR.) 94.40 BROWN, FLORENCE ELDERCRAFT SHOP SALE 2.35 C. W. ASSOCIATES PRINT/REFERENCE 5.25 CANO, MARY ELDERCRAFT SHOP SALE 2.75 CAPPS, HAZEL L SURVIVORS BENEFITS 409.58 CAREER PLANNING ASSOCIATES NON-FICTION VIDEO 83.95 CARTY & CO., INC. INT. ON INVESTMENTS 33.20 CASAREGOLA, VINCENT MISCELLANEOUS 20.00 CEDAR VALLEY TREE SERVICE CONTRACTED IMPRV. 540.00 CLERICAL RECAP PAYROLL 3 -JUN -88 268.64 COCA-COLA BOTTLING CO. POP 59.68 COMPUTER USERS SUPPORT SERVICE PROFESSIONAL SERVICE 83.33 CONNELL, RICHARD DISABILITY BENEFITS 1,315.71 COOK, GEORGE MISCELLANEOUS 50.00 DELSING, MARILYN SURVIVORS BENEFITS 858.75 DENSON, MAXINE ELDERCRAFT SHOP SALE 2.50 DICK BLICK NON-FICTION VIDEO 31.31 DICTAPHONE OFFICE SUPPLIES 18.67 DOLEZAL, DONALD SERVICE BENEFITS 637.16 DOLEZAL, HELEN SURVIVORS BENEFITS 409.69 DUNN, DEBORAH AG MATERIALS 42.00 EARLY AMERICAN LIFE PRINT/CIRCULATING 15.00 EDWARDS, ROBERT SERVICE BENEFITS 768.58 EGGERS, LOLLY LP DISC 19.98 ENGLERT, EDNA ELDERCRAFT SHOP SALE 4.00 EVANS, EMMETT SERVICE BENEFITS 1,230.95 EVERY BLOOMIN THING, INC. RECREATIONAL SUPP. 2.44 F STOP RECREATIONAL SUPP. 29.04 FARNSWORTH, DAVID L MONTHLY RET BENEFITS 1,425.08 FARNSWORTH, ELNORA ELDERCRAFT SHOP SALE 12.00 FAY, JOHN G MONTHLY RET BENEFITS 977.66 114f COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FEDERAL HIGHWAY ADMINISTRATION REGISTRATION 100.00 FIALA, MABEL ELDERCRAFT SHOP SALE 3.00 FIDLAR BUSINESS SYSTEMS EDP FURNITURE 118.72 FIESLER, ELDERCRAFT SHOP SALEFOX, 20..00 MARGARETHA ELDERCRAFT SHOP SALE 60 FREEMAN LOCK & ALARM, INC. MINOR EQUP. REP. MAT 69.75 FRIENDS OF IOWA CITY DUES & SHIPS 75.00 FROHWEIN OFFICE SUPPLY FULL PHOTOGRAPHICS RECREATIONAL RECREATIONALREQUIP. 180.70 G. K. HALL & CO. PROFESSIONAL SERVICE BOOKS (CAT./CIR.) 207.00 GABEL & SCHUBERT GARWOOD, WALTER CONTRACTED IMPRV. 152.41 37.00 GILLESPIE' EITHEL SERVICE BENEFITS ELDERCRAFT SHOP SALE 666.08 GODFATHERS PIZZA FOOD 2.25 GROLIER EDUCATIONAL CORP. CASSETTE 55.10 82.00 - HAM, MARY HAMMOND, ILENE SURVIVORS BENEFITS 379.21 ' HANDLEY, MRS. S. ELDERCRAFT SHOP SALE ELDERCRAFT SHOP SALE 10.00 HARGRAVE, HAZEL HARRIS, DAVE ELDERCRAFT SHOP SALE 3.00 17.00 HAUPERT, MELANIE DISABILITY BENEFITS MISCELLANEOUS SUPP. 1,764.25 HEARTLAND PHYSICAL THERAPY HEALTH CARE SERVICE 179.12 147.00 HEIN, LETHA HENRY LOUIS, INC. SURVIVORS BENEFITS 430.43 HENRY, DENNIS FILM PROCESSING MONTHLY RET BENEFITS 312.51 1,215.19 HESS, RAYMOND HOLLAND, WILLIAM J SERVICE BENEFITS 806.17 HY-VEE FOOD STORE N3 SERVICE BENEFITS FOOD 652.84 INDEPENDENT INSURANCE AGENTS WORKER'S COMP INS 413.07 3,325.88 INGRAMNON-FICTION IOWA CITY PETTY CASH VIDEO XEROX 23.44 IOWA CITY PRESS -CITIZEN ADVERTISING 24.24 68.49 IOWA CITY REC. CTR. PETTY CASH FILM PROCESSING 12.46 IOWA ILLINOIS GAS & ELECTRIC ELECTRIC 20.05 IOWA PRAIRIE SEED CO. IOWA STATE BANK GRASS SEED 380.00 IOWA STATE BANK - FICA MONTHLY RET BENEFITS FICA 1,956.00 IPERS IPERS 1,728.53 IRVING, KENNETH R SERVICE BENEFITS 678.11 1,203.03 JOHN D. AND CATHERINE T. JOHNSON COUNTY SHERIFF NON-FICTION VIDEO MISCELLANEOUS 6,000.00 KEATING, ROBERT SERVICE BENEFITS 558.99 1,660.82 KELSO, NILA KIDWELL, WILLIAM ELDERCRAFT SHOP SALE DISABILITY BENEFITS 6.00 KNOEDEL, EDWIN SERVICE BENEFITS 1,348.94 869.56 KNOEDEL, JOSEPH L SERVICE BENEFITS 584.98 KOHLSCHEEN, FERN ELDERCRAFT SHOP SALE 3.50 LAW, KUAN KUEI ELDERCRAFT SHOP SALE 11.50 LEE, RICHARD LEE, ROBERT SERVICE BENEFITS 1,127.60 LENOCH & CILEK ELDERCRAFT SHOP SALE TOOLS 5.00 LEON LYVERS TREE SURGERY NURSERY SERVICES 36.16 1,477.75 LEWIS, ALICE SURVIVORS BENEFITS 367.16 //( f COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT LIND'S PRINTING SERVICE, INC. TECHNICAL SERVICES 168.50 LONEY, DAVID DISABILITY BENEFITS 1,126.09 MASKE, BOB MONTHLY RET BENEFITS 1,004.64 MCCARNEY, PATRICK J DISABILITY BENEFITS 1,379.81 MCELROY, PEG TRAVEL 399.30 MCGINNESS, MRS. EDGAR ELDERCRAFT SHOP SALE 14.50 MCNABB, ESTHER SURVIVORS BENEFITS 346.64 MEADE, THELMA ELDERCRAFT SHOP SALE 7.00 MILLER, LAVINA ELDERCRAFT SHOP SALE 28.00 MORGAN, MRS. VERA SURVIVORS BENEFITS 378.04 MORRIS, ED ELDERCRAFT SHOP SALE 5.00 MOTHERING PRINT/REFERENCE 15.00 MOTT'S DRUG STORE PRINT/CIRCULATING 140.82 MUTUAL BENEFIT LIFE INSURANCE DISABILITY INSURANCE 35.36 NATIONAL GEOGRAPHIC SOCIETY VIDEO RECORDINGS 299.00 NORTH BAY COMPUTERWARE MICRO -COMPUTER 571.95 NORTHWESTERN BELL TELEPHONE EQUIP. FEE 203.70 PARROTT, ROBERT SERVICE BENEFITS 830.32 PAYLESS CASHWAYS, INC. RECREATIONAL SUPP. 25.03 PAYROLL RECAP PAYROLL 3 -JUN -88 22,747.30 PEPSI -COLA BOTTLING CO. POP 162.72 PIEPER, JUNE ELDERCRAFT SHOP SALE 7.00 PIP OUTSIDE PRINTING 40.79 PLEASANT VALLEY NURSERY, INC. PLANTS 114.40 PLUMMER, GERRY ELDERCRAFT SHOP SALE 12.00 POTTER, EMMET H SERVICE BENEFITS 655.28 PRAIRIE MOON NURSERY PLANTS 78,82 PURVIS, DONALD DISABILITY BENEFITS 1,147.98 RAINBOW ARTS CO. OUTSIDE PRINTING 9.00 RECORDED BOOKS, INC. CASSETTE 93.39 RITTENMEYER, ADRIAN SERVICE BENEFITS 710.46 RIVER CITY SPORTS, INC. OUTSIDE PRINTING 210.00 ROBINSON, ARITTA ELDERCRAFT SHOP SALE 27.50 ROGERS, HAROLD DISABILITY BENEFITS 848.70 ROGERS, LESTER J SERVICE BENEFITS 578.84 ROSENKILD, G. J. ELDERCRAFT SHOP SALE 3.00 ROSENKILD, GROVER ELDERCRAFT SHOP SALE 3.00 RUDE, ROBERT MISCELLANEOUS 30.00 RUPPERT, EDWIN J SERVICE BENEFITS 778.70 RUPPERT, JOHN SERVICE BENEFITS 1,093.86 SALISBURG, MARGE ELDERCRAFT SHOP SALE 36.54 SCHOLASTIC MAGAZINES PRINT/CIRCULATING 19.95 SHAY, LAVERNE J DISABILITY BENEFITS 484.27 SHIMON, VERNAL J SERVICE BENEFITS 932.43 SLADEK, FRANCES ELDERCRAFT SHOP SALE 8.30 SNIDER, RUTH SURVIVORS BENEFITS 409.97 SOUTHGATE DEVELOPMENT CO., INC BUILDING RENTAL 488.35 STAHMER, LAVERN JOHN DISABILITY BENEFITS 1,467.99 STANDARD BLUE OFFICE SUPPLIES 311.58 STEINDLER ORTHOPEDIC CLINIC MEDICAL SERVICE 38.30 STIMMEL, CLETUS SERVICE BENEFITS 588.53 STIMMEL, GLENN SERVICE BENEFITS 817.90 STROMMER, DONALD ELDERCRAFT SHOP SALE 7.50 11W COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT STURDEVANT, MAX ELDERCRAFT SHOP SALE 8.00 SWIFT GREENHOUSES, INC. AG MATERIALS 226.50 TADLOCK, ROLENE ELDERCRAFT SHOP SALE 4.00 TAYLOR, DOROTHY ELDERCRAFT SHOP SALE 9.00 TECHNIGRAPHICS, INC. OUTSIDE PRINTING 272.45 TELEMART OTHER EDP HARDWARE 1,420.00 TINKLE, MILDRED & RICHARD ELDERCRAFT SHOP SALE 12.50 U OF IA. HOSPITALS AND CLINICS PHYSICALS 50.70 U. S. POST OFFICE - OTHER STAMPS 75.00 UNITED ACTION FOR YOUTH TEMPORARY EMPLOYEES 1,257.12 UNITED WAY STAY WELL PROGRAM DUES & MEMBERSHIPS 9.03 UNIVERSITY CAMERA AUDIO VISUAL SUP 8.94 VILLHAUER, HERMAN SERVICE BENEFITS 481.70 VORBRICH, MRS. DALE SURVIVORS BENEFITS 401.66 WHITE, LETA SURVIVORS BENEFITS 638.55 WIENEKE, ALICE ELDERCRAFT SHOP SALE 3.10 WILLIAMS, LUCILLE ELDERCRAFT SHOP SALE 8.00 WILLIAMSON, LOUIS ELDERCRAFT SHOP SALE 13.00 XEROX CORP. PHOTOCOPY SUPPLIES 465.82 ZEPHYR COPIES, INC. OUTSIDE PRINTING 31.95 FUND TOTAL 116,468.18 l/6 f 9 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: INTRAGOVNTAL SERVICE 3M LS82122 AUTO & LIGHT TRUCK 236.00 A T & T COMMUNICATIONS LONG DISTANCE CALLS 56.50 A T & T INFORMATION SYSTEMS TELEPHONE EQUIP. FEE 99.76 AAA TRAVEL AGENCY AIR FARE 410.00 AGGREGATE EQUIPMENT & SUPPLY ST. CLEANING & REP. 2,667.38 ALTORFER MACHINERY CO. LANDFILL EQUIPMENT 139.63 AMERICAN HEART ASSOC. BOOKS, HAG., NEWSPAP 965.31 AMP PRODUCTS CORP. MISCELLANEOUS SUPP. 96.70 ANCOMA CORP. MISCELLANEOUS SUPP. 102.70 ANDERSON, RANDY L FICAISCKPY REF 00000 -13.70 ASSORTED COLORS BALLOON CO. LAND RENTAL 165.00 AUTOMOTIVE WHOLESALER MISCELLANEOUS SUPP. 43.80 BARRON MOTOR SUPPLY MISCELLANEOUS SUPP. 249.61 BAUGHMAN, MARK B FICAISCKPY REF 00000 -21.37 BENNETT, WILLIAM L FICAISCKPY REF 00000 -2.50 BERRY, RICK TRAVEL ADVANCE 90.00 BEVING, JAMES S FICAISCKPY REF 00000 -5.20 BIG BEAR EQUIPMENT, INC. ST. CLEANING & REP. 33.88 BLUE CROSS & BLUE SHIELD HEALTH/DENTAL INS. 854.20 BOB ZIMMERMAN FORD, INC. GARBAGE TRUCKS 353.10 BOORMAN' JOHN T FICAISCKPY REF 00000 -31.10 BOREN, HARRY TRAVEL ADVANCE 360.00 BOYD, RANDY FICAISCKPY REF 00000 -3.39 BRAMMER, RONDA FICAISCKPY REF 00000 -.70 BREESE CO., INC. TWO -TON TRUCKS 960.46 BREI, VICKI J. FICAISCKPY REF 00000 -5.33 BRENNEMAN, ELMER TRAVEL ADVANCE 90.00 BRINTON, EDWARD TRAVEL ADVANCE 750.00 BROADBENT DISTRIBUTING CO. ST. CLEANING & REP. 338.00 BROWN, PATRICIA S FICAISCKPY REF 00000 -51.56 BUESING'S AUTOMOTIVE GENERAL EQUIPMENT 1,145.76 BUMP, DAVID A FICAISCKPY REF 00000 -11.63 BURKE, BRUCE B FICAISCKPY REF 00000 -33.58 CAPERS, ROSE MISCELLANEOUS 87.71 CAPITOL IMPLEMENT CO. ST. CLEANING & REP. 142.25 CAPITOL PROPANE GAS CO., INC. FUELS 36.92 CARLSON, LINNEA J FICAISCKPY REF 00000 -.23 CARVER, THEO AND CADY BUILDING IMPROVEMENT 11,247.77 CARVER, THEO AND CITY OF IOWA BUILDING IMPROVEMENT 671.01 CASE POWER & EQUIPMENT ST. CLEANING & REP. 10.12 CITY ELECTRIC SUPPLY, INC. ELECTRICAL SUPPLIES 110.02 CLAYTON INDUSTRIES MINOR EQUIP REP 2,320.00 COELHO, GREGORY L FICAISCKPY REF 00000 -1.84 COLLINS, DALE R FICAISCKPY REF 00000 -26.00 COMMUNICATIONS ENGINEERING CO. COMM. EQUIP.REP. 1,155.01 CONSTRUCTION MATERIALS, INC. ST. CLEANING & REP. 20.04 CONTRACTOR'S TOOL & SUPPLY CO. ST. CLEANING & REP. 12.89 COOK, DAVID L FICAISCKPY REF 00000 -1.90 CRESCENT ELECTRIC SUPPLY CO. BUSES 48.04 CRESCI BODY & EQUIPMENT, INC. TWO -TON TRUCKS 19.20 Ila COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT CRIDER, SUSAN A FICAISCKPY REF 00000 -27.57 CROCKER, PATRICK E. FICAISCKPY REF 00000 -1.15 CROEKER, DON FICAISCKPY REF 00000 -14.98 CUMERLATO, CALVIN L FICAISCKPY REF 00000 -19.80 CUNNINGHAM, MICHAEL T FICAISCKPY REF 00000 -42.84 CURL, WILLIAM P FICAISCKPY REF 00000 -9.93 CUSTOM HOSE AND SUPPLIES, INC. LANDFILL EQUIPMENT 259.63 CUTKOMP, GARY K FICAISCKPY REF 00000 -29.94 D & L CONST. DEPOSITS 500.00 DALEY, DAVID L FICAISCKPY REF 00000 4.41 DAN'S OVERHEAD DOORS & MORE REPAIR OF STRUCTURE 160.50 DAVIS, ROBERT FICAISCKPY REF 00000 -12.51 DAVIS, TODD DEPOSITS 500.00 DES MOINES IRON CO. MISCELLANEOUS SUPP. 86.21 OOERRING, DAVID J FICAISCKPY REF 00000 -40.50 DOMESTIC VIOLENCE PROJ. MISCELLANEOUS 335.00 DOMESTIC VIOLENCE PROJECT MISCELLANEOUS 1,462.69 DONNER, LARRY TRAVEL ADVANCE 215.00 DORN, MARY RAE FICAISCKPY REF 00000 -11.91 DOYLE, KEVIN TRAVEL ADVANCE 65.00 DRAWING BOARD OFFICE SUPPLIES 223.29 DUGGER, CAROLYN ANN FICAISCKPY REF 00000 -36.46 DWAYNE'S RADIATOR SERVICE BUSES 843.26 DuBOIS, CYNTHIA FICAISCKPY REF 00000 -3.20 1 EARLY, RICHARD J FICAISCKPY REF 00000 -2.62 EDDY -WALKER EQUIPMENT CO. ST. CLEANING & REP. 484.30 ELLIOTT EQUIPMENT CO. ST. CLEANING & REP. 477.70 EMERGENCY HOUSING PROJECT, INC MISCELLANEOUS 325.93 EMERGENCY MEDICAL PRODUCTS OTHER (DENVER BOOT) 153.75 EMERGENCY REPAIR SERVICE, INC. FIRE APPARATUS 227.02 ESTES, JAMES A FICAISCKPY REF 00000 -5.04 EVANS, RON MISC REFUNDS 4,230.16 EYMAN, GREGG P FICAISCKPY REF 00000 -2.09 FARLEY, MARY ALLISON FICAISCKPY REF 00000 -46.59 FASTENAL CO. ST. CLEANING & REP. 32.17 FATZINGER, JEAN A FICAISCKPY REF 00000 -5.11 FAUSER OIL CO., INC. GASOLINE 23,802.62 FESLER'S, INC. AUTO & LIGHT TRUCK 123.30 FIBRE BODY INDUSTRIES, INC. TRUCK(S) 2,625.00 FINK, ROSE ANN FICAISCKPY REF 00000 -26.47 FIRE PROTECTION PUBLICATIONS BOOK(S) 80.64 FISHER AUCTION CENTER SALE OF AUTOS 459.50 FITZGERALD, SCOTT DEPOSITS 30.00 FLANSBURG, SHERRY DEPOSITS 30.00 FLEETWAY STORES, INC. ST. CLEANING & REP. 145.17 FLOWERS, ELLEN R FICAISCKPY REF 00000 -12.13 FLXIBLE CORP. BUSES 1,471.03 FOWLER, JOSEPH TRAVEL ADVANCE 200.00 FRANKE, JOHN W FICAISCKPY REF 00000 -18.48 FRANTZ, MARK A FICAISCKPY REF 00000 -12.44 FRASHER JR, ROBERT FICAISCKPY REF 00000 -2.74 FREILINGER, MICHAEL J FICAISCKPY REF 00000 -.34 FRITZJUNKER, LEROY INSURANCE CO SETTLE 149.45 //W COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FROHWEIN OFFICE SUPPLY OFFICE SUPPLIES 10.12 GATEWOOD, JOHN D FICAISCKPY REF 00000 -17,98 GIPSON, WILLIAM E FICAISCKPY REF 00000 -4.00 GLAVES, PAUL R FICAISCKPY REF 00000 -5.74 GOLDSTONE INVESTMENT CORP. INT. ON INVESTMENTS 98.73 GOODALE, STUART FICAISCKPY REF 00000 -12.12 GREGORY, DON MISCELLANEOUS 583.00 HACH BROTHERS CO., INC. SANITATION SUPP. 97.66 HALSETH, SHERYL FICAISCKPY REF 00000 -2.32 HAMPTON, RANDY L FICAISCKPY REF 00000 -1.90 1 HARGRAVE MCELENEY, INC. MINOR EQUIP REP 584.39 HART, PHILIP J FICAISCKPY REF 00000 -23.38 HAWKEYE AUTOMOTIVE PAINT & SUPPLIES 209.05 HAWKEYE WELD & REPAIR VEHICLE REPAIRS 982.27 HAWKINS, BENJAMIN FICAISCKPY REF 00000 -21.37 JAMES TRAVEL ADVANCE 50.00 iHAZLETT, HEEREN CO. GENERAL EQUIPMENT 77.82 HENDERSON, BOB FICAISCKPY REF 00000 -10.78 HENDERSON, RON TRAVEL ADVANCE 130.00 HENELY, KATHI A HICKLIN GM POWER CO. FICAISCKPY REF 00000 SNOW REMOVAL EQUIP. -15.03 HILLTOP D -X CAR WASH CAR WASHES 54.27 112.00 HOEKSTRA, JODY L FICAISCKPY REF 00000 -2,74 HOIEN, MARY P. FICAISCKPY REF 00000 -23.43 HOLIDAY WRECKER & CRANE SERV. TOWING 13,149.90 HONNOLD, MARY SPECIAL EVENTS 17.00 HOOTMAN CAR WASH CAR WASHES 36.00 HUDSON, FREEMAN W FICAISCKPY REF 00000 -12.89 i HY-VEE FOOD STORE #2 FILM 13.46 ILIFF, DAVID B FICAISCKPY REF 00000 -25.12 IMPRINTED SPORTSWEAR PURCHASE FOR RESALE 2,087.50 INDEPENDENT INSURANCE AGENTS WORKER'S COMP INS 862.06 IOWA BOOK & SUPPLY CO. OFFICE SUPPLIES 81,48 IOWA CITY PETTY CASH UPS CHARGES 36.55 IOWA CITY PRESS -CITIZEN LEGAL PUBLICATIONS 127.69 IOWA CITY TIRE & SERVICE, INC. AUTO & LIGHT TRUCK 326.34 IOWA ILLINOIS GAS & ELECTRIC HEATING FUEL/GAS 1,860.59 IOWA PAINT MANUFACTURING CO. PAINT & SUPPLIES 33.91 IOWA STATE BANK ISB ERROR 8,875.10 IOWA STATE BANK - FICA FICA 3,671.32 IPERS IPERS 2,785.33 J. P. GASWAY CO., INC. PAPER STOCK 889.12 JEMS BOOKS, MAG., NEWSPAP 53.85 JENSEN, ROGER TRAVEL ADVANCE 90.00 JOCHEM, JAYNE REGISTRATION 35.00 JOHNSON COUNTY CLERK FILING FEE 12.00 JOHNSON COUNTY RECORDER RECORDING FEES 80.00 JOHNSON COUNTY SHERIFF SHERIFF FEE 11.00 JOHNSON, GREGORY L FICAISCKPY REF 00000 -2.78 JONES, DENNIS L FICAISCKPY REF 00000 -7.81 K MART #4315 FILM 23.37 KAIRIES, HANS J FICAISCKPY REF 00000 -.95 KAR PRODUCTS, INC. MISCELLANEOUS SUPP. 114.03 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT KEATING, WILLIAM FICAISCKPY REF 00000 -12.11 KECK, KEVIN J FICAISCKPY REF 00000 -21.10 KELLER, ARNOLD F FICAISCKPY REF 00000 -3.63 KELLER, GEORGE TIMOTHY IN-HOUSE SETTLEMENTS 63.08 KENNEY, CHRISTINE FICAISCKPY REF 00000 -1,27 KHAN, ANN A FICAISCKPY REF 00000 -8.20 KING, STEPHEN C FICAISCKPY REF 00000 5,52 KIRK, ANTHONY L KLOOS, ARTHUR FICAISCKPY REF 00000 -1.89 KNEBEL WINDOWS TRAVEL ADVANCE REP & MAINT TO BLDG. 64.00 78.23 KNIGHT, DELBERT L FICAISCKPY REF 00000 -3.76 KOCH, KELLY TRAVEL ADVANCE 90.00 KUEBLER, BRIAN M FICAISCKPY REF 00000 -40.33 KULOW, RONALD L FICAISCKPY REF 00000 -5.80 KUNTZ, NANCY DEPOSITS 30.00 KUTCHER'S WELDING VEHICLE REPAIRS 242.50 LASTER, MIRIAM DEPOSITS 30.00 LAWRENCE BROS. AUTOMOTIVE TOOLS 30.40 MACHINELAWRENCE E00000 130:900 LEHMAN, RANDALLR. FICA�SCKPQUREF LENOCH & CILEK MISCELLANEOUS SUPP. 37.84 LEVIN, MARILYN FICAISCKPY REF 00000 -5.35 LINDER TIRE SERVICE VEHICLE REPAIRS 2,831.02 LINSLEY, JOHN J. FICAISCKPY REF 00000 -1,82 LOVETINSKY, STEVE SAFETY SHOES 70.00 LUNDELL, JOHN TRAVEL ADVANCE 140.00 LUNKLEY, THOMAS G. FICAISCKPY REF 00000 -5.16 MAGER, HERBERT W FICAISCKPY REF 00000 -44.53 MANARY TOOL & SUPPLY CO. TOOLS 234.89 MARTIN, ROBERT FICAISCKPY REF 00000 -1.83 MARTZAHN, DEBRA J FICAISCKPY REF 00000 -10.48 MARV'S GLASS SPECIALTIES, INC. FIRE APPARATUS 25.00 MASTERS, DAVID FICAISCKPY REF 00000 -3.00 MCFALL'S AUTO TRIM VEHICLE REPAIRS 38.50 MEANS SERVICES, INC. UNIFORM SERVICE 877.34 MENDEZ, ADRIANA IN-HOUSE SETTLEMENTS 52.00 MICHELIN TIRE CORP. LANDFILL EQUIPMENT 6,426.35 MID -AMERICA DIESEL SERV., INC. BUSES 172.90 MID -AMERICA PRICING MAGNETIC MEDIA 372.00 MIDWEST WHEEL COMPANIES TWO -TON TRUCKS 252.27 MILLERCE G FICAISCKPY REF 00000 -61.90 MINICK, JOUANN FICAISCKPY REF 00000 -34.52 MOBILE HYDRAULIC EQUIPMENT CO. OTHER VEH. EQUIP. 22,317.00 MODERN BUSINESS SYSTEMS, INC. OFFICE EQUP REP 94,74 MOHR, DONNA C FICAISCKPY REF 00000 -12.26 MORCK, BARBARA FICAISCKPY REF 00000 -11.88 MORZ, MARLENE M FICAJSCKPY REF 00000 -16.06 MOSE LEVY CO., INC. MISCELLANEOUS SUPP. 544.70 MULLENDORE, ERIC P FICAJSCKPY REF 00000 -1.14 MULLER, THOMAS F FICAJSCKPY REF 00000 -.69 MURRAY, BARBARA FICAJSCKPY REF 00000 -2.23 MUTUAL BENEFIT LIFE INSURANCE DISABILITY INSURANCE 252.20 MUTUAL WHEEL CO. TWO -TON TRUCKS 724.29 //6f COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT NAGLE LUMBER CO. TOOLS 16.20 NASHUA CORP. PHOTOCOPY SUPPLIES 1,254.10 NEOPART BUSES 725.58 NEW JERSEY NATIONAL BANK INT. ON INVESTMENTS -10.00 NEW METHOD EQUIPMENT CO., INC. TWO -TON TRUCKS 2,671.27 NEWKIRK SALES CO. MISCELLANEOUS SUPP. 100.19 NORMAN, SUSAN J FICAISCKPY REF 00000 -13.86 NORTHWESTERN BELL TELEPHONE EQUIP. FEE 963.28 NYCHAY, PHILLIP C FICAISCKPY REF 00000 -30.92 O'CONNOR, JENNE FICAISCKPY REF 00000 -3.01 OCKER, JOLENE M FICAISCKPY REF 00000 -1.27 OLD CAPITOL MOTORS, LTD. TRUCK(S) 6,364.00 OLD DOMINION BRUSH ST. CLEANING & REP. 243.31 OSIFO, ANNE N FICAISCKPY REF 00000 -4.38 OTTSEN OIL CO., INC. GREASE & OIL 123.60 OWEN, MELANIE M FICAISCKPY REF 00000 -7.57 PACKAGED STRUCTURES, INC. REPAIR OF FURNISHING 63.48 PARK, SEUNG YONG SPECIAL EVENTS 68.00 PARKER, JEAN M FICAISCKPY REF 00000 -3.96 PAUL'S MISCELLANEOUS SUPP. 7.94 PAUL, JEREMY S FICAISCKPY REF 00000 -5.93 PAULEY, SEVERA INSURANCE CO SETTLE 1,138.07 PAYROLL RECAP PAYROLL 3 -JUN -88 48,885.88 PC/ASSIST, INC. PROFESSIONAL SERVICE 10.00 PEAK, BILL SAFETY SHOES 66.51 PECKA, BEVERLY FICAISCKPY REF 00000 -6.06 PEDERSON-SELLS EQUIPMENT CO. MISCELLANEOUS SUPP. 159.44 PEOPLE'S DRUG STORES, INC. MISCELLANEOUS SUPP. 5.88 PEREZ, STEVE I FICAISCKPY REF 00000 -6.63 PETERSON, JOHN F FICAISCKPY REF 00000 -6.33 PLATZ, LANCE TRAVEL ADVANCE 64.00 PLUMBERS SUPPLY CO. PLUMBING SUPPLIES 136.79 PROFESSIONAL MUFFLERS, INC. AUTO & LIGHT TRUCK 10.00 PYRAMID FILMS CORP. TRAINING FILM/MAT. 139.50 PYRAMID SERVICE, INC. GENERAL EQUIPMENT 21.60 QUILL CORP. OFFICE SUPPLIES 139.56 RAHN, STEVEN M FICAISCKPY REF 00000 -7.40 REXCO EQUIPMENT, INC. LANDFILL EQUIPMENT 195.39 REYNOLDS, TERRY TRAVEL 133.15 RIFFE, THERESA L FICAISCKPY REF 00000 -5.11 ROBINSON, MARTIN DEPOSITS 30.00 ROCKHILL, THANE D FICAISCKPY REF 00000 -84.77 RUSSELL, DIANE L FICAISCKPY REF 00000 -28.20 RYAN, MARGARET C FICAISCKPY REF 00000 -167.92 RYAN, SUSAN F FICAISCKPY REF 00000 -11.33 S.O.S. ENTERPRISES PURCHASE FOR RESALE 230.10 SAAB-SCANIA OF AMERICA, INC. BUSES 16,320.09 SANDERS, GARY A FICAISCKPY REF 00000 -3.96 SCHINDLER, JEAN G FICAISCKPY REF 00000 -14.14 SCHROCK, KIRK D FICAISCKPY REF 00000 -26.11 SCHWAIGERT, CAROL FICAISCKPY REF 00000 -3.83 SCHWARTZHOFF, KIM M FICAJSCKPY REF 00000 -1.46 SCOTT, JOHN E FICAISCKPY REF 00000 -17.74 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT SD LEASING, INC. EQUIPMENT RENTAL 570.27 SEAL METHODS, INC. ST. CLEANING & REP. 117.22 SECURITY ABSTRACT CO. ABSTRACTS 233.00 SEERING, CHARLENE R FICAISCKPY REF 00000 -8.96 SHAFFER, DREW TRAVEL ADVANCE 340.00 SHAY ELECTRIC REP OF ELECTRIC/PLBG 148.79 SHELLADY, CHRIS SAFETY SHOES 70.00 SHUPE, STEVEN S FICAISCKPY REF 00000 -4.54 SIDDENS, STEPHEN T FICAISCKPY REF 00000 -17.34 SIEG CO. TWO -TON TRUCKS 1,795.95 SNAP-ON TOOLS CORP. TOOLS 83.45 SOUKUP, JOHN J FICAISCKPY REF 00000 -23.91 SOUTHERN COACH PARTS CO. BUSES 154.98 SPAIN, RALPH FICAISCKPY REF 00000 -11.94 STANDARD STATIONERY SUPPLY CO. OFFICE SUPPLIES 75.38 STANLEY, NEAL FICAISCKPY REF 00000 -6.31 STEFFEN, MARY M FICAISCKPY REF 00000 -1.14 STEVENS, GARY W FICAISCKPY REF 00000 -1.41 STOLP, LYNN M FICAISCKPY REF 00000 -5.27 STOREY-KENWORTHY CO. OFFICE SUPPLIES 55.32 SULLIVAN, JOHN FICAISCKPY REF 00000 -29.74 SWARTZENDRUBER LUMBER & CONST. DEPOSITS 250.00 SWARTZENDRUBER, DARWIN SAFETY SHOES 70.00 SWARTZENDRUBER, ROGER L FICAISCKPY REF 00000 -7.52 SWEENEY, BRIDGET C FICAISCKPY REF 00000 -10.82 TADE, JAMES W FICAISCKPY REF 00000 -17.98 TAUCHNER, ABRAHAM, INDIVIDUAL OUTSIDE ATT. SETTLE 100,000.00 TAYLOR RENTAL CENTER CONTRIB & DONATIONS 66.00 TECHNIGRAPHICS, INC. OUTSIDE PRINTING 501.19 TERMINAL SUPPLY CO. MISCELLANEOUS SUPP. 20.29 THOMASON, CURTIS FICAISCKPY REF 00000 -21.91 TODD CORP. LAUNDRY SERVICE 581.82 TOM HARNEY OIL CO. GASOLINE 3,240.22 TOMAS, MARVIN G FICAISCKPY REF 00000 -6.59 TRANSPEC, INC. BUSES 92.66 TRIPLETT OFFICE ESSENTIALS OFFICE SUPPLIES 371.78 TYLER, ANDREA FICAISCKPY REF 00000 -1.89 UNIVERSAL COACH PARTS, INC. BUSES 19.18 VAN STEENHUYSE, JOAN FICAISCKPY REF 00000 -15.66 VAN WYK FREIGHT LINES, INC. FREIGHT 30.00 VANDERLAAN, LEON K FICAISCKPY REF 00000 -35.83 VITOSH STANDARD CAR WASHES 155.00 VOSS PETROLEUM CO., INC. GREASE & OIL 1,351.97 WALLER, LEILA E FICAISCKPY REF 00000 -19.11 WASHINGTON PARK, INC. BUILDING RENTAL 14,625.00 WATSON, CATHERINE S FICAISCKPY REF 00000 -4.90 WEEG COMPUTING CENTER DATA PROCESSING 123.53 WEIR, CHRISTINA M FICAISCKPY REF 00000 -3.94 WESTGATE, HAZEL MISC REFUNDS 15,435.03 WEYHRAUCH, MARY JO FICAISCKPY REF 00000 -8.82 WHITE, HERBERT V FICAISCKPY REF 00000 -2.20 WILKINSON, SANDRA S FICAISCKPY REF 00000 -6.31 WINEBRENNER FORD, INC. VEHICLE REPAIRS 677.05 116f VENDOR NAME WOODBURN SOUND SERVICE XEROX CORP. YAVARI, HABIBOLLAH YEGGY, KEVIN W ZIMBRO, EMORY R COUNCIL LISTING JUNE 30, 1988 PRODUCT DESCRIPTION AMOUNT MISCELLANEOUS SUPP. 28.90 OFFICE EQUP REP 3,409.19 FICAISCKPY REF 00000 -28.25 FICAISCKPY REF 00000 -2.40 FICAISCKPY REF 00000 -1.86 FUND TOTAL 363,363.91 A VENDOR NAME FUND: SPEC ASSESSMENT FUND JOHNSON COUNTY TREASURER COUNCIL LISTING JUNE 30, 1988 PRODUCT DESCRIPTION AMOUNT PROPERTY TAX FUND TOTAL 175,695.94 17 5 5,69 .94 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT FUND: SPECIAL REVENUE FUND A T & T COMMUNICATIONS LONG DISTANCE CALLS 45.47 A T & T INFORMATION SYSTEMS TELEPHONE EQUIP. FEE -1.91 ADVANCED ELECTRICAL SERVICES BUILDING IMPROVEMENT 54.82 ALDERMAN -WILSON & ASSOC., INC. OTHER INSURANCE 311.50 APA PLANNERS BOOKSTORE MINOR OFFICE EQUIP. 19.00 BLUE CROSS & BLUE SHIELD DENTAL INSURANCE 23.82 CILEK, DANIEL AND SHELLY BUILDING IMPROVEMENT 670.50 CREDIT BUREAU OF IOWA CITY DUES & MEMBERSHIPS 30.00 FROHWEIN OFFICE SUPPLY OFFICE SUPPLIES 17.95 FUNCTIONAL HOME DESIGNERS PROFESSIONAL SERVICE 310.00 HOUSING.REHAB MISCELLANEOUS TRANS 396.27 HUMPHRIES, CHRIS AND ROBERT BUILDING IMPROVEMENT 801.00 INDEPENDENT INSURANCE AGENTS WORKER'S COMP INS 56.45 IOWA CITY LANDSCAPING AG MATERIALS 460.00 IOWA CITY PETTY CASH OUTSIDE PRINTING 37.24 IOWA STATE BANK - FICA FICA 783.25 IPERS IPERS 576.47 JOHNSON COUNTY ABSTRACT ABSTRACTS 160.00 JOHNSON COUNTY RECORDER RECORDING FEES 25.00 JOHNSON, RONALD & KAY RADKE- BUILDING IMPROVEMENT 6,961.00 KINDL, RICHARD BUILDING IMPROVEMENT 1,336.93 MOEN, MARC BUILDING IMPROVEMENT 10,615.50 MOSMAN, TRACY AND CONNIE BUILDING IMPROVEMENT 990.00 MUTUAL BENEFIT LIFE INSURANCE DISABILITY INSURANCE 48.88 NAGLE LUMBER CO. LUMBER/HARDWARE 6.62 NORTHWESTERN BELL TELEPHONE EQUIP. FEE 133.01 PAYROLL RECAP PAYROLL 3 -JUN -88 10,429.25 PIP OUTSIDE PRINTING 59.00 PUROLATOR COURIER CORP. POSTAGE 10.50 SECURITY LAND TITLE CO. ABSTRACTS 116.90 SMITH, STEPHEN AND MARY BUILDING IMPROVEMENT 985.00 U OF IA. ACCOUNTS RECEIVABLE WORD PROCESSING 104.83 U OF IA. BUSINESS OFFICE WORK STUDY WAGES 105.23 �n�n�=s�esenna FUND TOTAL 36,679.48 114 N VENDOR NAME FUND: HOUSING AUTHORITY VARIOUS LANDLORDS CITY OF IOWA CITY COUNCIL LISTING JUNE 30, 1988 PRODUCT DESCRIPTION AMOUNT RENT EXPENSES FUND TOTAL 153,787.50 43,618.32 197,405.82 COUNCIL LISTING JUNE 30, 1988 VENDOR NAME PRODUCT DESCRIPTION AMOUNT GRAND TOTAL 6,768,784.87 ■ July 27, 1988 City of Iowa City City Council Civic Center 410 E. Washington Iowa City, IA 52240 Dear Council members: o R � M JUL 271988 MARIAN K. KARR CITY CLERK (3) This is a request to revoke or amend City Ordinance 80-2989 Sec. 5-26. This ordinance requires sales of liquor or beer be 50% or less, otherwise the business is looked upon as a bar. According to the ordinance a bar cannot operate from a lower level (basement). The request is uniquely mine because the ordinance only affects my business. There is no other business that is governed by this ordinance. At this time the Iowa City Yacht Club is not meeting the 50%, required by ordinance, and may not by the time our liquor license is up for renewal. I would like the council to amend or revoke the ordinance so that I may continue to do business. I have investigated the reason for this ordinance. The police felt it nec- essary because of trouble caused by stairs when answering calls of bar brawling. In nine months of business a fight has never occurred at the Iowa City Yacht Club. After four months of business two police officers in front of the Yacht Club asked me, "What is downstairs?" We have had police officers make courtesy calls twice in nine months. I expect more and welcome them. What I am saying is that we are responsible and try to prevent anything negative from happening. Although at this time we are not meeting the city's required percentage for other than alcohol sales, we are trying daily. Only three days in nine months have we made any money at lunch time, but our kitchen is open from 11:00 am until 10:00 pm. lie sell shirts, have video games, and sell peanuts at a loss; but the total for beer and alcohol is still greater. In nine months we have advertised one drink special; one day. We have advertised in every ad: "Serving excellent lunches daily". We have advertised our Thursday and Friday luncheon specials for four months. To my knowledge there is not one member of the city council that has been to the Yacht Club for lunch. We try very hard to do good lunches and create new ways to bring people to the Yacht Club, we just need more time. These are reasons why I feel the ordinance should be revoked or changed: 1. The ICYC has not caused the police any problems in nine months. 2. The ICYC is a business that provides 15-25 part—time jobs and about $50,000 in income every year; more if business improves. 3. Some people really enjoy the Yacht Club. We have given some a regular place to have lunch, some come because of the entertainment; others find it a place to socialize, and some students even study at the Yacht Club. I would like to know why the figure of 50% sales of other that beer and alcohol must be maintained and not a 10% or 15% figure. If there is no reason for this figure, then as long as a business tries to comply with being both a restaurant and a bar, trying should be sufficient. By trying I mean purchasing coolers for food, sandwich makers, slicers, dishes and silverware, in order to make and serve food. I have four people that work only in the kitchen. We purchase $4,000 worth of food every month. These are the things that I feel are important. I had every intention then and still do of becoming a restaurant, but for now our customers purchase more alcoholic beverages than food. I do not think that an arbitrary figure should keep us from doing business. I hope you consider what I am asking, and also try to put yourself in my position when doing so. My establishment has not caused any problems for anyone. By not renewing the liquor license, you close the Iowa City Yacht Club. Sincere i 111 Hank Miguel i NOTICE OF OBJECTION TO: The Planning and Zoning Commission and the City Council of the City of Iowa City, Iowa The undersigned, Dunlap Properties, an Iowa general partnership and owner of property adjacent to and served by a portion of Maiden Lane between Court Street and Harrison Street in Iowa City, Johnson County, Iowa, does hereby object to the proposed closing of said street, the redesignation of said right of way from a street to an alley, and to any reduction in the width of said existing right of way because any such action will reduce the existing access to property owned by the under- signed and thereby impair its value. Dated this 16th day of June, 1988. 01Ep jUN 161988 MARIAN K. KARR CITY CLERK (3) IOWA DEPARTMENT OF NATURAL RESOURCES Waste Management Authority Division DATE: July 15, 1988 TO: City and County Officials and Local Organizations FROM: Teresa D. Hay SUBJECT: Toxic Cleanup Days The Department of Natural Resources plans to conduct three Toxic Cleanup Day programs to collect small quantities (less than 220 pounds or 25 gallons per person) of hazardous wastes from house- holds and farms this Fall. Counties, cities or local organizations interested in ,hosting a Toxic Cleanup Day should CONTACT THE DEPARTMENT IN WRITING BY AU- GUST 15, 1988. The following information should be provided: * A list of government, civic and industrial groups committed to assisting DNR with this program. * The name, address and phone number of a contact person who will represent.the groups named above. * Pledges of supporting funds or in-kind services to publicize and conduct the program. * Availability of one or more suitable sites', appropriate to serve as collection points during a community's clean up days. An eligible site should be large enough to accomodate a large volume of traffic; include a roofed area (either permanent or temporary) that can be well ventilated, and be secured by a fence or natural barrier. * Availability of local fire protection and law enforcement units if needed. Host sites will be selected based upon these criteria. Due to limited funding, only three programs will be funded this fall. ADDITIONAL PROGRAMS WILL BE ORGANIZED IN THE FUTURE with money available from the household hazardous materials retail permit fees. Interested persons or organizations should contact Stu Schmitz, Waste Management Authority Division, Department of Natural Re- sources, Wallace State Office Building, Des Moines 50319 (515)281-8499. a M�7' day Co -,&"e THE R. TYLER TOM BOX B7L �R 52758 VEST B0.RRRR. v1 L L vV. V���• w/ Helen Ftnken RECEIVEDAUB3 1988 510 Brown Street, Iowa City, IA 52240 I Telephone: (319) 351-1101 August 2, 1988 Mr. Steve Atkins �1 City Manager. 410sE. Washington Street Iowa City, Iowa 52240 Dear Mr. Atkins: The purpose of this letter is to support the sale of the vacant lot adjacent to Preucil School to William and Doris Preucil. The use of the land as a parking area is one that would help alleviate parking on Johnson Street. The use of the land as,a parking area would not interfere with the playground activities at Mann School or recreational activities in the park. As a north side resident and Preucil parent, I support the sale of the city land because it will enhance the cultural opportunities in the neighborhood without adversely affecting ' the environment. Thank you for considering my view. i Sincerely, /, 1 Helen Finken AUG 31988 MARIAN K. KARR CIN CLERK (3) 1142— 104 W. 5th St. West Liberty, IA 52776 2 August 1988 Steve Atkins City Manager 410 H. Washington Iowa City, IA 52240 Dear Mr. Atkins, As the parents of a student at the Preucil School of Music, we are writing to ask you to support the sale of the adjacent property to the Preucils for the installation of a small parking area. As we understand it, the School must purchase this area in order to be allowed to develop more classroom space within its existing structure. To have, thus, a really unified school would be a wonderful thing --both for the parents and for the students. It would not only help out-of-towners, such as ourselves, find the exact location of our children's classes; it would permit all students to be and to feel more truly part of the school and its activities. with sincere thanks, >lv..i.a /d Thomas Holmes and Holly Martin (� DIED AUG 111988 MARIAN K. KARR CITY CLERK (3) !/7a- 9 i 1004 Penkridge Drive Iowa City, IA 52240 Aug 2, 1988 Mr. Steve Atkins City Manager Civic Center 410 E. Washington Iowa City, IA 52240 j ( Dear Mr. Atkins, We would like to support the sale of par): land south of j PreLlCil School of Music to the Preucils for the purpose of adding a parking lot for the school. The parking lot is needed to solve parking problems in the neighborhood. �- Our child has been a Preucil student for three years. As a result of our experiences with the school we are convinced that it is a valuable asset to our family and to j the community. Preucil School is well located in a neighborhood with a grade school and a park rather than a purely residential area; however, there is a clear need for both expansion of the building (which we support) and additional parking space. Sincerely, Dan and Marcia Boyer i j AUG 41988 j MARIAN K. KARR CITY CLERK (3) 9 Go Hawks Eugene H. Nugent 34 Regal lane laza City, lora 52240 August 3, '88. Iowa City Council and City Manager: Dear Administrators; My knowledge of the problems that exist in the Pruecil area are slight, even misplaced the paper telling of the City meeting. I've heard the traffic, parking find youthful congestion bother the home dwellers. Your people probably have a traffic survey of that neighborhood. I,ve much used the streets Ad I'd blame the connecting of Dubuque find Dodge, the Engles customers, if publira school and park bigger users than the music schools patrons. Years back I've danced in that building, loud bands, noisy happy adults, find its initial use should have been its disgusting fir fyfew young citizens. I understand it purchase of an idle, dead-end parcel of city property could all}'eviate it lot of parking congestion. If you want to observe neighborhood parking congestion drive around Regal Lane late fit night, it bothers it couple not me. I attended a summer's end recital aft the school Tuesday eve, A lot of very young adept people, about e+t teen-agers,(one it future music student abroad). This hobby or avocation seems a better way to keep potential mail box destroyers, window breakers off the streets. I was a Mayor of ft small Iowa town, a twentieh the size of Iowa City. I had the same vocal opposition on many Projects plus cats dogs noisey neighbors. My greatest oppostion wits caused by the need of hard serviced streets. The State Appeal Board agreed with the opposition, I didn't. After the completion of the project I was reelected and the streets tire still there and muche used forty years plus litter. L Go Hawks Eugene H. Nugent 34 Regal lane laza City, lora 52240 August 3, '88. Iowa City Council and City Manager: Dear Administrators; My knowledge of the problems that exist in the Pruecil area are slight, even misplaced the paper telling of the City meeting. I've heard the traffic, parking find youthful congestion bother the home dwellers. Your people probably have a traffic survey of that neighborhood. I,ve much used the streets Ad I'd blame the connecting of Dubuque find Dodge, the Engles customers, if publira school and park bigger users than the music schools patrons. Years back I've danced in that building, loud bands, noisy happy adults, find its initial use should have been its disgusting fir fyfew young citizens. I understand it purchase of an idle, dead-end parcel of city property could all}'eviate it lot of parking congestion. If you want to observe neighborhood parking congestion drive around Regal Lane late fit night, it bothers it couple not me. I attended a summer's end recital aft the school Tuesday eve, A lot of very young adept people, about e+t teen-agers,(one it future music student abroad). This hobby or avocation seems a better way to keep potential mail box destroyers, window breakers off the streets. I was a Mayor of ft small Iowa town, a twentieh the size of Iowa City. I had the same vocal opposition on many Projects plus cats dogs noisey neighbors. My greatest oppostion wits caused by the need of hard serviced streets. The State Appeal Board agreed with the opposition, I didn't. After the completion of the project I was reelected and the streets tire still there and muche used forty years plus litter. Go Hawks £ugme K Nugeru 34 ftd Lane loin Ci% loin 51140 I have never read of compinnts about traffic congestion at Hinnick, Caver-Hnakeye, Hancher or our many residential churches. I am certain I could happily live in the Pr&cil n3eghborhood. Seventy-three year old fingers did the typeing, forgive errors. Sincerely, CedA Nugent. I I AUG 41988 MARIAN K. KARR CITY CLERK (3) 114 S. Mt. Vernon Dr. Iowa City, IA 52245 August 3, 1988 Steve Atkins, City Manager City of Iowa City Civic Center 410 E. Washington Iowa City, IA 52240 Dear Mr. Atkins: I am writing to you to express my support for the decision of the Board of Adjustment to allow sale of city land to the Preucil School of Music to be used for additional parking by the school. The Preucil School of Music has been established in Iowa City for many years. Their need for more space is testimony to the success of the program. Approval of their plans will allow the school to continue its tradition of quality music education for many years to come. I believe that the plans to expand Preucil School are both well thought out and necessary. It will be of great benefit to the teachers and students of the school to have all their facilities at one location. Also, the proposed plan allows the school to continue to be integrated into its neighborhood. I urge you to recommend to the City Council acceptance of this plan as approved by the Board of Adjustment. The Preucil School of Music is a valuable part of the cultural life of Iowa City. The school and its graduates are nationally known and have brought prestige to our community. Their need for more room is necessary. The plan they have presented is reasonable. Thank you for your considered attention to this matter. cc: Preucil School of Music Sincerely, �J)^i �PfO apt John P. Le Peau f� oar AUG 41988 D MARIAN K. KARR CITY CLERK (3) 117--2- Y i August 3,1988 Dear Mr. Atkins, As parents of children who are students at the Preucil School of Music, my husband and I Wish to express our support for the Purchase of adjacent land by the school, for use as a parking lot. We feel Preucil School is an asset to our comaunicy, bock in its enrichment of our child - rens education, end in its renovaticn ^4 an existing neighborhood building. The Prouclis have nane many attemnts tr address the concerns of the residents. WF reel an adjoining parking lot will serve this end, tmj chn be done without detracting fro -i the park or the neighborhood. i I am also a former rwsidemt of thu north en0,99rowing up s black from Preucil Rchnnl, so I can understand the cnncerns of residents in the seen. However, I (reel thin school, whwse sole purpose is in providing q_ioiiby education for our chlldren,belongs in the neignoornood setting, and deserves the support of the community. Sincerely, Cecile E Ronald Owings 1�j�1.b�-U/ OuxU` AUG 41988 MARIAN K. KARR CIN CLERK (3) 524 East Church Street Iowa City, Iowa 8/3/88 City Council of Iowa City, through the care of Mr. Steve Atkins, City Manager Iowa City, Iowa Dear Mr. Atkins and Members of the City Council: I am writing to encourage you to approve the purchase of the northernmost triangle of Market Square Park by Doris and William Preucil on behalf of the Preucil School of Music. It is our opinion and that of city staff that this purchase is the best plan presented to solve the space allocation problem within the school and to alleviate the alleged traffic and parking problems near the school. As you are no doubt aware, the renovation of the basement of the former Czechoslovakian Meeting Hall is intended to make heating & cooling more efficient which is in keeping with the building's historic status. The partitioning of the basement into four teaching studios is intended to move students of the school who are currently taught at other sites back into the school. It is therefore, not an expansion in number of students enrolled. As a resident of the area concerned I would like you to know that I believe that this move plus the off-street parking available through Preucil's purchase of the above-mentioned land will make access to the school much easier for parents and small children. At present these people are mostly Iowa City citizens who now cross may cross the busy intersection of Church and N. Johnson streets or who walk the one or three blocks to the alternate teaching sites. The non -Iowa City residents come from as far away as Maquoketa and Williamsburg which is its own statement regarding the advantage to Iowa City of having the Preucil School of Suzuki Music located here. I hope you will vote to accept the Preucil's proposal. Thank you for your consideration, Very truly yours, G*(�� Lloyd n Luke 524 East Church Street AUG 41988 MARIAN K. KARR CITY CLERK (3) 7 P2L A August 3, 1988 330 Park Road Iowa City, Iowa 52296 Steve Atkins City Manager 910 E. Washington street Iowa City, Iowa Dear Mr. Atkins, I am writing in support of the Preucils' proposed purchase of an empty lot to be used for a parking lot for the Preucil School of Music. An addition to the school has been approved by the Board of Adjustment contingent upon the acquisition of this parking space. I would hope that their worthy expansion plan will receive official approval as it will most certainly enhance the school's already rich contribution to our community. Thanks for your attention. Sincerely, Nancy C ybeare cc: Doris Preucil i t I AUG 41980 MARIAN K. KARR CITY CLERK (3) 1622 Muscatine Avenue Iowa City, Iowa 52240 August 3, 1988 Steven Atkinson City Manager, City of Iowa City I 410 E. Washington Street Iowa City, Iowa 52240 j Dear Mr. Atkinson: I am writing in support of the sale of city property to the Preucil School of Music, an issue which I understand j will be considered at the City Council meeting next Tuesday. I understand that the Preucil School would use this property, now an easement between the school property and North Market Park, to create parking spaces. This sale would be desirable for the sake of the school's neighbors, to alleviate the congestion that occasionally occurs on Johnson Street when students are arriving at or departing from classes at one time. It would also be desirable from the point of view of the school's educational mission. Since this additional parking would enable the school to add classrooms at the ground level, the School could conduct all its classes in the building at 524 N. Johnson Street, rather than at several buildings on the north side. Because the school's teaching emphasizes student interaction -- through group work among students at the same level and through less advanced students listening to and observing more advanced --it is important that the School be able to reunite its programs under one roof. The Preucil School has contributed in important ways to the Iowa City community for over a decade and has sought to be a good neighbor to other northside residents. The sale of this property to Preucil Schools seems an excellent means by which the City and the School can ensure that the School will continue to achieve both those goals. T P R � M AUG 41988 MARIAN K. KARR CITY CLERK (3) Sincerely, �W e:, Barbara H. erk4es //70,,7 oc.c t' .2� iJd I i o"uz, I 1 AUG IM MARIAN K. KARR CITY CLERK (3) 1172 9 n oc.c t' .2� iJd I i o"uz, I 1 AUG IM MARIAN K. KARR CITY CLERK (3) 1172 9 D_ August 4, 1988 Stephen Atkins City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, IA, 52240 Dear Mr. Atkins and City Councillors: I Q N D i.UG 41988 MARIAN K. KARR CITY CLERK (3) I write for my family and myself to support the request of the Preucil School of Music to improve its main facility so that all its students can be taught at one location. As you know, the Board of Adjustment has approved the school's plan to add a basement to its structure. But the approval remains contingent on the ability of the school to add a small area for parking south of the school. In turn, that depends on a decision by the City Council to sell the school the needed land. Both my children study piano at the Preucil School, and I have learned over many years to regard it as one of the truly great resources of this community. But I write also for my family as neighborhood residents, since we live in the district for Horace Mann Elementary School and have worked with its parent -teacher organization. Expanding the school's facilities is crucial because dividing its instruction between sites hampers the teaching program. Bringing all the students onto the main site would greatly improve conditions for coordinating efforts of students and teachers, and it would enhance the spirit of community so valuable to motivating the students. I know that some neighborhood residents and some Mann parents regard the Preucil School as a cause of unacceptable congestion in the area. Because both my wife and I accompany our children to their music lessons, and because we have also made frequent trips to Mann, we have long experienced the traffic situation first-hand. Please let me share our impressions. For a few brief periods a day, there is congestion in the area -- plainly associated far more with Mann than with Preucil. I have never experienced it to last for more than five minutes, and it has always seemed to result unavoidably from the location of Mann, which sits on two exceptionally busy streets. The occasional congestion coincides so strongly with the Mann schedule, that the Preucil impact seems very small in comparison. Visitors to the park and to Mercy Hospital also plainly consume some parking spaces. If the parking and traffic were too congested for Mann and neighborhood children, it would remain so even were the Preucil School to move away completely. Let me emphasize, though, that we simply do not experience the Hann area as unduly congested or dangerous. We easily and always find I 0 places to park close to the Preucil School. Perhaps I should add that this consideration is especially important for my family, due to the severe arthritis that inhibits my wife from walking much more than a block at a time. My children and I often shoot baskets at Mann, and they sometimes play in the adjacent park, but again we have never had a problem with traffic congestion or parking. The Preucil School is making a major contribution to the quality of life in Iowa City. A number of people in the neighborhood feel especially fortunate to have it there, because it is plainly a major reason for the recent upturn in the area. As the neighborhood continues to experience a growth in young families with school-age children, the Preucil School should become an even greater source of stability, opportunity, and pride. It uses a landmark building in an extraordinarily fine way to benefit the full community. Though it is obvious that its programs would prosper better in one place, I really cannot imagine that the slight increase in traffic associated with that li change would be noticeable. Indeed the new parking lot should ease the intermittent congestion in the area. To stabilize the program in its current location can only enhance the neighborhood, including the park that would provide a small slice of space for extra parking. To sit in the Preucil recital hall, seeing children learn to play 'I and love music, is an experience worth treasuring. To enable the school to consolidate its operations on one site will continue to make that possible. It is something thoroughly in the interest of our neighborhood -- and all Iowa City. Sincerely, Johnelson 1128 Rochester Avenue be: Doris Preucil L. -- Director Director Preucil School of Music A A uen-nol,� GV�c<t C�.tfuc7..� // 7p?,, -PJL� 4�x o OL 4 our, qwvy\� �Vu lbc(Alact illai (L +0 bo -L 4p Cow& kb 0. fid, -of 4w, � ct :wf-Dd OA OLD 4k (W+ 0 h n�Utvvl To the Mayor and City Councg: 8 August 1988 PREUCILIn my capacity as President of the Board of Directors of the Preucil School of SCHOOL Music, I d writing is support so the f the by the School to acquire the abandoned right-of-way to the south of the existing Czech Hall that houses the school. This acquisition will be used to provide off-street parking, enabling us to Of MUSIC excavate some of the basement of the building to consolidate the operations of the School under one roof. As you are aware, the School was founded by Doris Preucll, and Is now a nonprofit corporation. In choosing to pursue the purchase of the right of way, the Board has been mindful of a number of Important aspects, particularly concerning the concept that the School should be a good neighbor. The neighborhood In which the Preucil School exists can be defined In three ways. The School serves children from Iowa City and surrounding counties; in this sense Its ineighborhood Is rather large and Is best served by offering the finest of musical Doris Preucil, Director education to all comers. I The School Is located next to North Market Square Park In the north side of Iowa City. This neighborhood is best served by preserving the structure and function of the historic and beautiful Czech Hall as a place where people congregate, and by lending our support to upgrading of the landscaping and amenities of the park and Horace Mann School. As all successful Institutions do, the existence of the School Increases traffic, and this has caused distress to some of the Immediately adjacent neighbors. These neighbors have been vocal In their demands that the School provide off-streetparking, and reduce the number of children crossing streets. This group is particularly con- cemed with the house at 524 Church Street, which Is occupied by a member of the faculty who gives lessons in her front room. 524 North Johnson St. Iowa City, Iowa 52240 Phone (319) 337.4156 The plan which Mrs. Preucil and the Board have evolved addresses all of these neighborhood Issues. The consolidation of the operation of the School will reduce the pedestrian traffic between the Czech Hall, Zion Lutheran Church (where we rent two classrooms) and the Church Street house. The off-street parking will reduce the competition for parking on N. Johnson Street, and will reduce the need for children to cross streets. The purchase of the right-of-way will enable the School to landscape the north side of North Market Square Park, which Is at present an unsightly, poorly drained, unseeded area. We have expressed the desire that the monles realized by the sale of the right-of-way be used to upgrade the facilities of the park. In this way each of our "neighborhoods" benefits from the proposed sale. The Board has solicited Input from each of Its neighbors. We have worked closely with the parents of the neighborhood children, especially through the PTO at Horace Mann School and Its principal, Mr. Hovet. We have kept Dr. Cronin Informed of our deliberations, We have listened carefully to the Immediate neighbors who expressed their concerns at the public hearings of the Board of Adjustment, and 1 have personally contacted this group to ask them to let me have their suggestions as to the best way to alleviate the problems that the School causes them. // 7Z If you approve the sale of the rightof-way to the Preucil School, the Board pledges to continue the process of consultation with all of the Interested parties, particularly concerning the landscaping and vehicular access to the proposed parking area. It is in the best Interests of everyone that we be a "good neighbor", and we will do our best to be one. Our community owes an enormous debt to Doris and Bill Preucil for their selfless devotion to educating our children. The PreucHe Income from the School Is far less than that of a public school teacher, and they committed their own financial resources to purchase the Czech Hall. We will shortly be launching a campaign to raise funds to pay for the construction work, and we will appreciate all the support you can muster to help this campaign to reach this goal. . I look forward to the next era of the Preucil School of Music, which will be marked by a new sense of harmony, and a new sense of confidence In the permanence in this Invaluable Institution. Sincerely, Donald E Macfarlane, President, Board of Directors. 337-7412 07 1 I CA AUG 1988 70 � //7'z 9 /70;2- 9 L,_ QQ n, 4 Ni Zt ac a , i �d I�° ` E D A P a 1811 M RR CITY CLERK (1) //7Z a MAMAN K. KARk 3e5-)kP 1 9 ll;!.,2, 9 117°z 6 117Z 9 cn F I L E D AUG a )sem MARIAN K. KARR c ,v,,,mfLERK(1) rc� ydu a �icn off' -1y-c �,p and � Qul.. o ao� cam' -41f 1n Mew you UT l -10 mann ; ear ar it s1)8Cn -w-)ay app _ is ay -m1 chi 6fen ;QpairI/� ICI t rc� 0� ca\ X111 -MTII do if IM Av PE Ll-� IS SLIC h r�IC� crm ard ca omr 03a 0f pa:�p-e, . Tz eIg icm AAAN�fl �f1A1 I +1 Yom, I YTIt oql I C;l -fib /ape I • s®aa A us�1148b MC- onaC/c18 1999 MARIAN K. KARR CITY CLERK (2) 2h lLe90 leis '-o `-ke_ Pf-oPosal oY con3� p�� 1. a. ok `\ke- Nory) ma.r/Ce�1 52uarQ 1-urk k .,,/7fo gn`\ker Par/C�� /off %✓ AP- �iPc�ci'l S�Aoo( ;'off NiuS;r z cum s/af/y `uf h,yseAp 0.2)a1 � 4, i fi115 o- c\ose�- •dear /y C�s.�✓r•�f �o /tee- A4 /dii7 2 ;Can ielI yok 1'7-^ . areo- i3_ so�,e�isrrs e.cro�dP� ).�Go(ob r, on ace -i'or dove ahy� h .�. �QSie%s r1he ® c7c , f l looks II !?o be -/he o-� /rindP/.� >1/oe �Gtir,� �%a� bias 1yn i j�ooc�. .odeo� /U� c°arb .Sere, q �.�1e .�ubl;c o`r _=_ Q540.5, %hE 1c%voo/ Ch.%dr��i AlulayJs P/ay e 6o,�h dur;.,9 fond c�Y/P/ scko/ Pvibds / molhen; and Pa�herS _ P/ay f/G, .-lhem 6&elilrnany sealor and younjel- ci4�-Fse.ns i haves -"'a,600 VA!, Y-hY'OUJh $fie ParIL3 / CV7 l rlumbel-s 1oq- o` uar,eJy . o� 9rov�s mold. 3AB er;nn--, and lor.o, I feun rorn6 �kefe, and /;1w.4 1'nipor'fan`i' oma �'cu�s �ra`� iry a� al\ +o pie_ 0.s o_ render.' a4hle'�e_ and -er,s i ;o o�her-5 aroumA me is `� f•f,-17ova l o� the jjbaskeyha/l how betil�?d �Ae, -fool, a P16.ce where T Played games and C6a[\� leS5 hours o'� PIO-le 1 11-71;7 k- IWOUlcl i 4e best 4o Place. 4ACk$ hc6,,0 bac,(-- rahere Wouldr4/ hr� �Ad �ourkln� ;,)I a.. in o.ny o.TecF 1"i drsie9Aro� I0 il�R� I r /a9c Z _`,.ol000e yo2r\,�s. Thecwlcinn io4- would jus4 be, of �pn�enle t l;�fle more �o� Q hanariu/ � .yio/e o��a�2n�s, alko are_.in my iexira� �eP`1 -fo rrl�P.� �Gr�'/o�rens� �riusic CCCr'�a� ghern 1keY wotkIcl Jus' 9e and ask- -4o- sle_.{o_..bu,: moreland ori.: Ahe_ 9rvuncls_. so.ne . 5puce so. a /rifle P?ore, woAn - h«rf ..ary c f:O nes _Well �:� s�yr�y /)OW _fry L(L,) solyl/v0�{ .. _:. .l<!i ::hu✓f ..�_. ro.�iir,�,i,%� carne% . `Ehere'rore_._shou.ldn i c7--�l /v . TLinton ..... j.' .._ zzowo, C IV y Cl- p7lil(bi `I he repe.S4, P/50 �leage �alCe , io. _no'd'e. we ^ 'the ... :tow54/ufi,'dn ai the vogl n, F ILAUC- 4 1988 MARIAN K. KARR August 8, 1988 CITY CLERK (1) Steve Atkins City Manager 410 E Washington St. Iowa City, IA 52240 Dear Mr. Atkins, I am writing regarding the proposal by Doris and William Preucil to purchase a piece of land south of their school for the purpose of constructing a parking lot. I object to this proposal on several grounds. This piece of land (although considered an abandoned alley in city records) has been a part of North Market Square and Horace Mann playground for many years. Most of the residents of the area do not know that it is not part of either the park or Horace Mann playground. It is contiguous with both. There are no boundary markers or fences to indicate it is not. Horace Mann school children use this area as part of their playground. It has had school equipment on it which has been maintained (I believe) by the school board for many years. A parking lot in that area would significantly reduce the play area and may create a traffic hazard for children playing nearby. The baseball field would have to be relocated, probably closer to the sidewalks which cross the middle of the park. This is hazardous at present to both players and pedestrians. Thesituationwould becomes worse if the proposed parking lot eliminates 8,000 square feet of play area. This parking lot would provide spaces for only eight cars. This number is insignificant when one considers that Preucil School has hundreds of students. Most parents would still have to park elsewhere. There is plenty of parking already available on nearby streets, one to two block away. The Horace Mann lot is available after school hours, on weekends and during the summer. By picking up a few groceries at Eagles, two more lots are available. This area of the park has significant drainage problems, made worse in the last few years by the recent paving of more of the lawn around Horace Mann. It becomes a swamp after heavy rains and, in the spring, with melting snow piles. A parking lot of this size would need to be plowed in the winter, creating additional snow mountains. A bad situation would become worse. The four large ash trees provide shade to park users, especially for parents watching smaller children on the equipment at Horace Mann. A chain link fence around the trees and lot would make this area inaccessible to park users. Page 2 August 8, 1988 Steve Atkins City Manager I fear that after a few years the trees would be considered hazardous to the cars parked beneath them and would be cut down. Many of the people who support this parking lot do not live in this area. While they would be able to enjoy the occasional convenience of parking a few feet from the door of the school, the residents of the area who walk to the park for rest or play would be denied the spacious and open feeling the park currently has. This aesthetic quality of the park, and with it something of the neighborhood would be destroyed. In an area that is rapidly becoming paved over to accommodate more and more cars for expanding businesses and houses turned into apartments, I believe it is worthwhile to maintain the integrity of one of the last green spaces in the area. The residents of the neighborhood deserve a place for rest, recreation and socialization without the intrusion of a parking lot. I believe that this piece of land should be claimed by either the Parks Department or the school board and should remain unpaved and accessible to the area residents. It should not be sold to anyone or turned into a parking lot. cc: Terry Trueblood Department of Parks and Recreation 220 S Gilbert Street Iowa City, IA 52240 Sincerely, Nancy Hindes 728 Fairchild Street Iowa City, IA 52240 AUG 91988 413 E. Church St. MARIAN K. KARR Iowa City, Iowa CITY CLERK (3) August 4, 1988 i Dir. John McDonald ' optical Dispensary 16 S. Clinton Iowa City, Iowa Dear Mr. McDonald Market Square park is the only recreation areg in the north end. It is used for picnics by large and small groups. I Senior citizens walk 4 or 5 blocks to get out and enjoy a picnic lunch when the weather permits. Now because of i the traffic situation they are afraid to walk over there. Nowyif more off-street parking will be permitted and the f children will have to play to the south of the park, including the students from Horace Mann school and those from the day-care school sponsored by the Preucils, there j will be little space for any citizens to enjoy, I strongly object to the sale of 80' x 100' to the Preucil school for 07,000. Seems to me that the taxpayers who paid for this recreational spot will have no park but keep providing more city -owned property for the so-called non- profit school known as the Preucil School of Music. Yours truly I cc William Ambrisco i 11 7a' I e AUG 91988 MARIAN K. KARR to CITY CLERK (3) g 0 G- ono OS tom, zo �� � �• kovai4t-- , ll�- &,<I- -P's 9 City of Iowa City MEMORANDUM Date: July 26, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Lane Markings on Rochester Avenue West of Elizabeth Street As directed by Chapter 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Chapter 23-31 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of lane markings on Rochester Avenue so a to create two lanes of westbound traffic on Rochester west of Elizabeth Street. The northerly westbound traffic will be marked with straight ahead arrows on the surface of the street indicating that cars must go straight west if they are in the north -lane. The southerly lane will be marked with a left turn arrow. The on -surface left turn arrow will indicate that vehicles in that lane must guide left with the S -curves to align themselves with Market Street. This action is being taken so as to indicate to motorists that only one lane of traffic moves through the S -turns and not two, side-by-side lanes of traffic moving through the S -curves. This action will take place on or shortly after August 10, 1988. COMMENT: At the present time, no lane lines exist on this portion of Rochester Avenue. It has been pointed out that occasionally two cars attempt to move through the S -curves in a side-by-side fashion. This does create confusion and congestion on this transition area between Rochester and Market Street. It is the intent of the proposed markings as shown on the attachment to reduce the potential for side-by-side traffic through the S - curves. In addition -to the on -surface lane marking, warning signs will be placed just west of Elizabeth Street to diagram the movements required. bj/pc2 �oIE0 JUL 261988 MARIAN K. KARR CITY CLERK (3) 1170 I ILI 3OH'ld NOINn W z W >� 3 0 Q L v oW n m c 0 c "W V v L a2 L c U 1 1�0 L ro a m a v u L 3 ILI 3OH'ld NOINn OF PRECEDING DOCUMENT W U Q Proposed Sign MARKET STREET CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319)356-500C) Date July 18, 1988 T0: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Civil Rights Coordinator We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Civil Rights Coordinator Ruby Abebe Hired: 7/18/88 Alice Harris ATTEST: 7%Iey� Marian Karr, City Clerk IOWA C TY C VIL S RVICE C iISSION Michael W. Kennedy, C it Dick Buxton Norwood C. Louis CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date June 25, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Firefighter We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Firefighter/ Fire Department David Barta Roger Knight Steven Stimmel Corvin Justice Mark Pearson David Corel] Joe Clow Ronald Harding, Jr. John Killean Thomas Lacina ATTEST: Marian Karr, City Clerk IOWA C TY CIVIL SERVICE COMMISSION Michael W. Kennedy Chair Dick Buxton Norwood C. Louis 75' 9 OPI) 3�� CITY OF IOWA CITY CMC CENFER 410 E. WASHNGTON ST. IOWA CnY. IOWA 52240 (319) 356-5000 Date August 3, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - qpninr Q Prk Typi.t We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Senior Clerk Typist/Pollution Control Divisinn - Kathleen Jackson Hired: 8/3/88 IOWA CITY CIVIL SERVICE COMMISSION AichaAlW.VKenne , Chair Dick Buxton Norwood C. Louis ATTEST: �% ) 7f •tel Marian Karr, City Clerk (o i CITY OF IOWA CITY CNIC CENTER 410E WASHNGTON ST. IOWA CITY. IOWA 52240 (319)356-500D Date July 11, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Account Clerk We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Account Clerk/ TrpaStjry nivicinn Sandy Irvine Hired: 7/11/88 IOWA TY CIVILSER ICE COMMISSION M chael W. Kennedy, Ch it i Dick Buxton Norwood C. Louis ATTEST:Z,R.,�) �t • ��ti✓ Marian Karr, City Clerk 4 CITY OF IOWA CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date June 25, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Parking Enforcement Attendant We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Parking Enforcement Attendant/Parking_Systems _n visi I Korrene Greenwald Due to City Layoff transferred effective 6/25/88 IOWA PITY CIVIL SERVICE COMMISSION i PichaelV KennedyyC air Dick Buxton / Norwood C. Louis ATTEST: -• .•J •7'J • L -L Marian Karr, City Clerk �� %1 3�6 ITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date June 25, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Cashier We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of _(PPT) Cashier/Treasury Ellen Lorenz Due to City Layoff transferred effective 6/25/88 ATTEST: 7etn„ Marian Karr, City Clerk IOWA CITY CIVIL SERVICE COMMISSION 1� Michael W. Kennedy, C it Dick Buxton Norwood C. Louis 9 CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5COD Date July 18, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Housing Inspector We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the zusin ofInsh actor%Hous�n aaneligible lIns beet for tSery�cest De t., of 9 p 9 p p Gary Klinefelter Hired: 7/18/88 IOWA IITTZ�4- 14ichael L SERVICE COMMISSION - W. Kennr Dick Buxton Norwood C. Louis ATTEST: 7%In+�J YSJ 9G Marian Karr, City Clerk i 8004 J CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date July 11, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintananra Wnrknr TTT We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker III - Night Crew/Parking System -q Patrick Hansen Hired: 7/11/88 IOWA CITY CIVIL SERVICE COMMISSION &4 & ichael W. Kennedy, C)T it Dick Buxton Norwood C. Louis ATTEST: -� • '/4') Marian Karr, City Clerk CITY OF CN/IC CENTER 410 E. WASHNGTON ST Date June 25, 1988 OWA CITY IOWA CnY. IOWA 52240 (319) 356-500D TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Cashier We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Cashier/Parking Systems Division Gerri Turecek (FT) Due to City Layoff transferred Deanna Miles (3/4T) effective 6/25/88 IOWA CITY CIVIL SERVICE COMMISSION Michael W. Kennedy, t Dick Buxton Norwood C. Louis ATTEST: 27P.I') Marian Karr, City Clerk 9 "6 ITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date June 27, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Parking Enforcement Attendant We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of (PPT) Parking Enforcement Attendant/Parking Systems Div. . Faye Mason Hired: 6/27/88 IOWA CITY CIVIL SERVICE COMMISSION Michael W. Kennedy, C it Dick Buxton Norwood C. Louis ATTEST: 7%lOA!/In� K. 7vw�J Marian Karr, City Clerk I, 3;tl. ) CITY OF IOWA CITY CNIC CENTER 410E WASHNGTON ST. IOWA CIN, IOWA 52240 (319) 356-5CM Date June 25, 1988 i TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker II We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker II/Tnwinn Dan Crandall Due to City Layoffs transferred effective 6/25/88 Iow ITY CIVIL SERVICE COMMISSION Michael W. Kennedy, r Dick Buxton Norwood C. Louis ATTEST:2u r vJ Marian Karr, City Clerk A CITY OF IOWA CITY CMC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date June 27, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Cashier We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Cashier/Treasury Division Alton Gambleton Hired: 6/27/88 CIVIL SERVICE COMMISSION Michael W. Kennedy, JASair Dick Buxton Norwood C. Louis ATTEST: //Q,J �Y• `Aiti�J Marian Karr, City Clerk CITY OF IOWA CITY CNIC CEN(ER 410E WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-= Date June 29, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker II We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker II/Cemetery Division William Halstead Jr. ATTEST: Marian Karr, City Clerk Hired: 6/29/88 I I IOWA CITY CIVI/IBSERRVVICE COMMISSION /�G Michael W. Kennedy, Chair I Dick Buxton Norwood C. Louis s 9'l J) P CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date May 25, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker TT We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker II/Recreation Jon (Mike) Kennedy Hired: 5/24/88 IOWA CITY CIVIL SERVI9E COMMISSION W. Kennedy, Chair Dick Buxton Norwood C. Louis ATTEST: 7e 79J Marian Karr, City Clerk 11/7 9 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date June 25, 1988 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker I We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker I/Streets Division James Oxley Hired: 6/25/88 IOWA CITY CIVIL SERVICE COMMISS Michael W. Kennedy, Chair Dick Buxton Norwood C. Louis ATTEST: Z ^ u) 'i • -Xti�j Marian Karr, City Clerk ��00 F 3 CITY OF IOWA CITY CIVIC CENTER 410E WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356-5000 Date July 11, 1988 i i TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker I We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of(P?T) Maintenance Worker I/Towing - Parking Systems Division Joseph (Brett) GordonHired: 7/11/88 IOWA C RN ClERVICE COMMISSION M' hael W. Kennedy, Ch r Dick Buxton Norwood C. Louis ATTEST: � -4 e ') �(' ✓ Marian Karr, City Clerk 9 911 C!) ITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CITY. IOWA 52240 (319) 356 5OCU Date July 4, 1988 I I i T0: The Honorable Mayor and the City Council i RE: Civil Service Entrance Examination - Maintenance Worker I We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintenance Worker I/Central Business District Division i I Rae L. Schepers Hired: 7/4/88 I i IOWA CITY CIVIL/ SERVICE C iMISSI0 W G Mi hael W. Kennedy, C it Dick Buxton rwood C. Louis ATTEST: Marian Karr, City Clerk //%d I NOTICE OF PlRIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iae City, Iowa, at 7:30 p.m., on the 9th day of Auast, 1818, in the Civic Center Council Chambers, Iaa City, Iowa; at which hearing the Council will consider the follow - items: An ordinarnce to vacate the west 8 feet of Waterfront Drive right -of -mW extending approximately 500 feet north of Stevens Drive, and located adjacent to Gay's leckr Cmpey. 2. An ordinance to redesignate that portion of Maiden lane between the south right-of-way lire of Court Street and the north right-of-wey lire of Harrison Street as an alley. Copies of the proposed ordinance are on file for public examination in the office of the City Cleric, Civic Center, Iowa City, Ioa. Persons wishing to make their views known for Council consideration are encouraged to apper at the above- mentioned time and place. Mari rr, Cif CUrk 119G ORDIPLE NO. ORDINANCE VACATING A PORTION OF WATERFRLNI DRIVE WHEREAS, W.A. Gay and Cmpagy, Inc., has requested that approximtely the vest eight (8) feet of Waterfront Drive right-of-way be vacated and added to their lot; and WHEREAS, the applicant requests the vacation to facilitate the reconstruction of their building that was substantially destroyed in a fire an May 10, 1988; and WHEREAS, Waterfront Drive has a right-of-way width of 66 feet adjacent to the applicant's lot and serves as a local street for which urban design standards require a 50 -foot right-of-vAy; and WHEREAS, it is highly unlikely that substantial irnpmvenent to Waterfront Drive will omr far which this portion of the right-of-way may be needed. NOW,TWHORE, BE IT ORDAINED BY 11E CITY MICIL OF M CITY OF IGA CITY, IDA: SECTICN I. VACATION. That the City of Iowa City hereby vacates that portion of Waterfront Drive legally described below: Camencing at a point on the east line of Goverrmoht Lot 4, of Section 15, Township 79 North, Range 6 West of the 5th Principal Wridian, which is 759.00 feet S0721'20"E of the Northeast Corner of said Goverment lot 4; thence 589.35109"W, 89.56 feet to a point on the Westerly right-of-way line of Waterfront Drive, formerly know as Sand Road and originally established as Burlington Road, which point is the Point of Begimirg; these N04'ffi'40'W, along said right-of-way line 81.93 feet; thence Northwesterly 159.42 feet along said Westerly right-of-way line, on a 494.67 foot radia acre, concave Southwesterly, whose 158.74 foot chord bears N13.40'38"W, to a point which is 33.00 feet nonrally distant Southwesterly of the carter lire of said Waterfront Drive; thence N39'56'23"E, 8.67 feet, to a point which is 25.00 feet, radially distant Southwesterly westerly of said center line; thence Southeasterly 158.64 feet, along a 502.67 foot radius am, concave Southeasterly, whose 157.98 foot card bears S13'29'07E; those 504.26140"E, 336.41 feet, along a line parallel with and 25.00 feet carnally distant South- westerly of said Waterfront Drive ceder line, and its Southeasterly projection thereof, to its intersection with the westerly right-of-way line of Waterfront Drive; thence Northwesterly 70.58 feet, along said Westerly right-of-wgy lire, on a 309.97 foot radius curve, concave Northeasterly whose 70.42 foot chord bears N10'58'02"W; thence N040261401% along said westerly right-of-way Ordinance No. Page 2 line 184.51 feet, to the Point of Beginning. Said tract of land contains 3,778 square feet, more or less, and is subject to easerents and restrictions of record. SECTION II REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a vole or any section, provision or part thereof not adjudged invalid or nnoonnstitutional. SECTION IV. EFFECTIVE LATE: This Ordinance shall be in effect after its final passage, approval and publication as required by lay. Passed and approved this VAYCR ATTEST: CITY CLEAC Approved as to Form g T let Legal Veparbont e STAFF REPORT To: Planning and Zoning Commission Item: V-8804. Waterfront Drive Vacation GENERAL INFORMATION: Applicant: Gay's Locker Company 1421 Waterfront Drive Iowa City, Iowa 52240 Phone: 337-2167 Contact Person: Michael Gay Vacation of a portion of Waterfront Drive right-of-way. To permit acquisition by the applicant. Portion of Waterfront Drive right-of-way adjacent to applicant's lot north of Stevens Drive. Prepared by: Barry Beagle Date: July 21, 1988 Requested action: Purpose: Location: Size: Comprehensive Plan: SPECIAL INFORMATION: Public utilities: BACKGROUND: 3,778 sq. ft. Intensive Commercial I Gas and telephone service are located within the western right-of-way limits of Water- front Drive. Gay's Locker Co. requests that approximately thewest eight (8) feet of Waterfront Drive right-of-way adjacent to their 3.37 acre tract north of Stevens Drive be vacated and added to their lot. Recently a substantial portion of the applicant's bulding at 1421 Waterfront Drive was destroyed in a fire. A new building is to be constructed that provides for a parking area in the front yard along Waterfront Drive and a loading area for livestock deliveries to the rear of the building (see Preliminary Site Plan). Based upon the applicant's site plan, compliance with the minimum aisle width and right-of-way tree requirements cannot be achieved for a portion of the parking area and frontage. Reconstructing the building further back from Waterfront Drive is potentially complicated by a proposed stormwater detention basin along the rear (west) property line and the present location of the slaughter area. As a nonconforming use, the slaughter area (the remaining portion of the original building) cannot be enlarged or relocated on the lot and will be incorporated into the new building design. To resolve this conflict with the parking and tree requirements, the applicant proposes the vacation of the eight (8) foot strip that runs along the applicant's entire frontage with Waterfront Drive, Page 2 Accompanying this request is an application for approval of a preliminary and final plat to subdivide the 3.37 acre tract into 3 commercial lots (see S-8827). The plats have been prepared according to the reduced right-of-way width and are dependent on the proposed vacation. ANALYSIS: Waterfront Drive is a substandard street having a right-of-way width of 66 -feet and a pavement width of 23 -feet without curb and gutter. Functionally, Waterfront Drive serves as a local street, used primarily for providing access to abutting property. The design standard for a local street is a 50 -foot right-of-way width and 28 -feet of pavement width, back to back of curb. The proposed vacation would reduce the width of the west half of Waterfront Drive right-of-way from 33 -feet to 25 -feet for a total adjusted width of 57 -feet. Northof Gay's Locker Co. the width of the right-of-way increases to 73 -feet, 40 -feet west of center- line, to the point where it turns west to Gilbert Street. The street segment extending west to Gilbert Street has a right-of-way width of 50 - feet, consistent with local street standards. The Commission may wish to consider the vacation of the west 15 -feet of Waterfront Drive right-of-way north of Gay's Locker Co. to maintain a uniform width. According to the plats accompanying this request, a 10 -foot utility easement is to be retained from the edge of the adjusted right-of-way line to contain any existing or proposed utilities. Vacation of the west eight (8) feet of Waterfront Drive right-of-way will not diminish or preclude access to abutting property. The only property adjacent to this subject right-of-way is that of the applicant. The proposed vacation should not diminish the use or function of this street to carry moderate volumes of residential and commercial traffic. Two (2) utilities are presently located within the western portion of the Waterfront Drive right-of-way. A buried telephone cable and four (4) inch steel, intermediate pressure, gas main exist within the western limits of Waterfront Drive right-of-way. With the retention of a 10 -foot utility easement overlapping the vacated right-of-way, Northwestern Bell and Iowa - Illinois Gas & Electric have no objection to its vacation. Heritage Cablevision currently does not have any cable extensions along Waterfront Drive and more than likely will not make any extensions given the commer- cial nature of this area. However, should the southern portion of the applicant's lot at the intersection of Waterfront Drive and Stevens Drive be developed to contain apartments, cable service may need to be extended. Reservation of a utility easement over the area of the vacated right-of- way, will give Heritage Cablevision the opportunity to make cable exten- sions in the future. Sidewalks presently do not exist along Waterfront Drive. Given existing and projected residential development to the south, safe and convenient pedestrian access to this general commercial area may some day be re- quired. Vacation of the west eight (8) feet of Waterfront Drive should not prevent the construction of a standard (4) foot sidewalk if it is to be located on this side of the street. Page 3 It is anticipated that Southgate Avenue will someday be extended west across Waterfront Drive to intersect with Gilbert Street. Should this occur, the Waterfront Drive railroad crossing could be closed with Waterfront Drive cul-de-saced just south of the tracks and the Stevens Drive/Waterfront Drive intersection improved north of the tracks. This would place the burden of pass-through traffic on Southgate Avenue, which is presently designed to accommodate such traffic, as opposed to Water- front Drive. In such event, substantial improvement to Waterfront Drive for which this right-of-way portion may be needed, is highly unlikely. Likewise, if there is no change in the configuration of the street network in this area, it is unlikely that Waterfront Drive would ever be improved to the extent that 66 feet of right-of-way was necessary. STAFF RECOMMENDATION: Staff recommends that the request to vacate a 3,778 sq. ft. portion of Waterfront Drive be approved contingent upon a 10 -foot utility easement being retained over the vacated area and recorded at the time of vacation. ATTACHMENTS: 1. Location Map. 2. Survey of Proposed Vacation. Location Map of Proposed Rezoning. Approved by: D al cimeiser, Director Department of Planning and Program Development //9k 6 LEGAL DESCRIPTION Commencing at a point on the East Linc of Government Lot 4, Of Section 15, Township 79 Horth, Range 6 West of the Fifth Principal Meridian, which is 759.00 feet S00'21'20"E of the Northeast Corner of said Government Lot 4; Thence S89.35'09"W, 89.56 feet to a point on the Westerly Right of Way Linc of Waterfront Drive, formerly known as Sand Road and originally established no Burlington Road, which point is the Point of Beginning; Thence N04.26'40"W, along said Right of Way Line 81.93 feet; Thence Northwesterly 159,42 feet along said Westerly Right of Way Linc, on a 494.67 foot radius curve, concave Southwesterly, whose 158.74 foot chord bears 1113.40'38"W, to a Point which is 33.00 feet normally distant Southwesterly of the Centerline of said Waterfront Drive; Thence N89.56'23"E6.67 fact, to o Point which 1s 25.00 feet, radially distant Southwesterly of said Centerline; Thence Southeasterly 158.64 feet, along a 502.67 foot radius curve, concave Southeasterly, whose 157.98 foot chord bean: S13.29'07"E: Thence SO4.26'40"E, 336.41 feet, along a Linc parallel with and 25.00 feet normally distant Southwesterly of said Waterfront Drive Centerline, and its Southeasterly Projection thereof, to its intersection with the Westerly Right -of -Way Line of Waterfront Drive; Thence Northwesterly 70.56 feet, along said Westerly Right -of -Way Line, on a 309.97 foot radius curve, concave Northeasterly whose 70.42 foot chord bears NIO'Se-02"W; Thence N04.26'40"W, along cold Westerly Right -of -Way Linc 104.51 feet, to the Point of Beginning. Said tract of land contains 3,770 square feet, more or ]cos, and Is subject to casements and restrictions of record. I N0 Coe. N QJ .WTIIIL L,. lul4 a'yT_ 6¢L.IG1l9WIW'N b"/oN W I 4+Y.tN• 1\ 11 ¢•aea.yl 1 9- •j ItY 1 14 0 P 4 , v yds T 1 SI \'.>o' i t d � f 4' •,I ' LEGAL OE9CRIPTION Commencing at a point on the East Line of Government Lot 4, 7 nY •>s'w•w of Bostic. 15, Township 79 North, Range 6 Nest of the Fifth ti y Principal Meridien, which is 759.00 feet 500.21'20"E of the I Northeast Corner of sold Government Lot 4; Thence d 509.55109"W, 89.56 feet to a point on the Westerly Right of rr 4 Way Line of Waterfront Drive, formerly known as Send Road bl j and originally established as Burlington Road, which point pjji Is the Paint of Beginning; Thence 1404.26140"W, along said Right of Way Line 81.93 feet; Thence Northwesterly 159.42 W feet along said Westerly Right of Way Line, on a 494.67 foot h .;y N radius curve, concave Southwesterly, whose 150.74 foot chord 5vd beoro 1413.40'30"W, to a point which l0 33.00 feet normally y distant Southwesterly of the Centerline of said Waterfront Y p 7 b d Drive; Thence 1489656123"E, 8.67 feet, to a Point which is 25.00 feet, radially distant Southwesterly of said lA II t Centerline; Thence Southeasterly 150.64 feet, along a 502.67 ;3i i wl toot radius curve, concave Southeasterly, whose 157.96 foot I t✓ chord bear. 513.29107"E; Thence 504.26140"E, 336.41 feet. along a Line parallel with and 25.00 feet normally dlotant Southwesterly of said Waterfront Drive Centerline, and its 4 f Southeasterly Projection thereof, to Its Intersection with j the Westerly Right -of -Hay Line of Waterfront Drive; Thence d I Northwesterly 70.50 feet, along sold Westerly Right -of -Hay Line, on a 309.97 foot radius curve, concave Northeasterly whoa. 70.42 foot chord bases 1110'60'02"W; Thence 1404.26'40"W, along cold Westerly Right -of -Noy Line 104.51 ¢a so.l.mt' feet, to the Point of Beginning. Said tract of land a •'n•aa•+Y• contains 3,770 square feet, Aare or leas, and Is subject to ¢m.. u.eyWn•J easements and restrictions of record. e. Xnl nl• w1Y�a]y Nl sun N" n, v vw ��N��4 Wat'TW —E: 'alaV6N'•a OC1UE �o:IEM 1'1N 1 51908 MARIAN K. KARR CITY CLERK (3) l-eey.'t1oN Mt+t+ g i r 7Roac.wan R'ow• VncA\.oJ +N• ' C ` B�' pU a r•MW4IunqweVz.FpcldiyT.\o�: dL a Mal 4Arw. AGIN w,.i.ytl Yw.I_.MMM$ CONSULTANTS, I b¢t1aU 0/114 a.e.w. or 1wr&Kb . , H6 9 Jarm?�� I Moo!¢ r,¢we 4p PeaemL¢ M11NVA\ �nAcwao tn.ms� \ d r -- d J; ZI 42 jjQQO a a$ o Q tj 2 F' 3 �v NOTICE OF PUBLIC WARIrG Notice is hereby given that a public hearing will be held by the City Council of Inas City, Ioa, at 7:30 p.m., on the 9th day of Ar}st, 1933, in the Civic Center Council Chambers, Iowa City, toga; at which hearing the Council will consider the follow- ing items: 1. An ordinance to vacate the west 8 feet of Waterfront Drive right-of-way extending approximately 500 feet north of Stevens Drive, and located adjacent to Gay's Locler CmM. An ordinance to redesignate that portion of Maiden Lane between the south right-of-way lire of Cant Street and the north r4t-of4W lire of Harrison Street as an alley. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, lava City, Iowa. Persons wishing to make their views lam for Council consideration are encouraged to appear at the abae- mentioned tine and place. mafiwKarr, City Ci@'rk �y 1111"o- %/8f 6 i City of Iowa City 1 'MEMORANDUM Date: July 20, 1988 To: City Council From: Monica Moen, Associate Planner RVQ 1 I Re: Maiden Lane Improvements At its July 7, 1988, meeting, the Planning and Zoning Commission unanimously recommended approval of the proposal to redesignate Maiden Lane, between Court and Harrison streets, an alley with the condition that this segment of Maiden Lane be paved and metered parking provided. The ' attached illustration depicts a design alternative for this portion of Maiden Lane that would offer 31 public parking spaces. I For the Council's information, the Engineering Division of the Public Works Department has estimated that improving Maiden Lane in the manner shown on the illustration would cost either $62,100 if a concrete surface was installed or $65,625 if an asphalt surface was used. At an occupancy rate of only 50%, the proposed 31 meters could annually generate approxi- I mately $11,600 in revenue. I If you have any questions or would like additional information, please do not hesitate to call me at 356-5247. tp3-6 01 kd ORDIWYJCE NO._ ORDINANCE REDESIGNATING MAIDEN LANE WDIEENN THE OM RIL;;TT-OF-WAY LINE OF COURT STREET AND THE NORTH RIGHT-OF-WAY LINE OF MISON SWM AN ALLEY. *EREAS, the portion of Maiden Lane between Court and Harrison streets is not the principal mans of access to abutting property; and WERfAS, this segrent of Maiden Lane affords only a secondary means of access to adjacent lard and structures; and MUM, this public right-of-way is rat generally used for the purpose of through vehicular traffic and such use is not planned. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OCKIL OF TLE CITY OF IU A CITY: SECTION I. REOESIONATICN. That the City of Iowa City hereby redesignates that potion of Maiden Lane legally described below as an alley: Beginning at a 5/8 inch iron pin found at the Southeast Corner of Block 19, of the County Seat Addition to Iowa City, Iowa, as Recorded in Deed Book 1 & 2, at Page 253, of the Records of the Johnson County Recorder's office; Thence taWOOO'00"W, an Assumed Bearing along the East Line of said Block 19, 320.95 feet, to the North- east corner of said Block 19, a Point an the Southerly Right -of -Way Line of Court Street, in the City of Iowa City, Iowa; Thence SM021'46"E, along the Easterly Projection of said Line, 56.92 feet, to a Point on the Westerly Line of Block 2, of Berryhill and Pierces Addition, as Recorded in Dead Record Book 12, at Page 188, and Re -traced in Plat Book 2, at Page 31, all of the Records of the Johnson County Recorder's Office; Thence 500003'02"W, along said Westerly Line, 320.04 feet, to a Point on the "Indicated North Lire of Harrison Street", in Accordance with the Survey by Robert J. Wheeler, dated the 2rd day of July, 1957, and Recorded in Plat Book 4, at Page 414, of the Records of the Johnson Canty Recorder's Office; Thence S89043'05"W, 56.68 feet, to the Point of Beginning. Of ordinance No. Page 2 SECTION II. REPEALER. All ordinances and parts of ordinarces in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be aadjju* to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a vAale or any section, provision or part thereof rat adjudged invalid or uconstitutional. SECTION IV. EFFECTIVE D41E. This Ordinance shall be in effect after its final passag, 4proval and publication as required by law. Passed and approved this MYOR ATTEST: CITY CLEFK Approved as to Form 7/ IIke LegalDepar�it M I i It was moved by and seconded by that the Ordinance as rea e , a op e and upon roll ca t ere were: AYES: NAYS: ABSENT: Ambrisco Courtney _ Dickson _ Horowitz _ Larson McDonald Strait First Consideration _ Vote for passage: Second Consideration Vote for passage: Date published I A City of Iowa City MEMORANDUM Date: July 7, 1988 To: Planning and Zoning Commission From: Monica Moen, Associate Planner Re: Vacation of Maiden Lane between Court and Harrison streets Utility Access At the June 16, 1988, meeting of the Planning and Zoning Commission, Commission members wanted to know whether all existing and future utili- ties within the portion of the Maiden Lane right-of-way between Court Street and the northern right-of-way line of Harrison Street could be contained within a 20 foot wide segment of Maiden Lane. Based upon additional information furnished by Iowa -Illinois Gas & Electric Company and Northwestern Bell Telephone Company regarding the location of those utilities, a 20 foot wide portion of Maiden Lane cannot protect existing telephone and electrical services placed in this right-of-way. As illustrated on the attached plans, buried east -west oriented electrical and telephone services transect the 47 foot width of Maiden Lane. In addition, north -south oriented telephone, sanitary sewer and storm sewer utilities are located too far apart from one another to be collectively protected by a 20 foot wide portion of the Maiden Lane right-of-way. Future electrical services to accommodate the redevelopment of properties on the east side of Maiden Lane are expected to be buried parallel to the eastern boundary of Maiden Lane, on the opposite side of the street in which telephone lines are buried. From the perspective of covering existing and proposed utilities contained within Maiden Lane, then, the entire approximate 47 foot width of Maiden Lane is required to achieve that purpose. Public Parking As noted in the June 16, 1988, staff report, retention of Maiden Lane at an approximate width of 47 feet would allow the City to provide public parking in an area that experiences parking problems. The attached parking plan illustrates that sufficient area is available to place 31 parking spaces within the existing Maiden Lane right-of-way and allow access to adjacent commercial uses. Redevelopment of the property west of Maiden Lane may require eliminating two spaces to allow vehicular access from this proposed parking area to this property.. If this parking area is metered, sufficient revenue may be generated to cover the cost of these improvements. Benefits to Private Property Owners - Street vs. Alley Designation The June 16, 1988, staff report suggested that private property owners could benefit by the redesignation of Maiden Lane as an alley in that 11Y -2 - Maiden Lane would no longer be regarded a street and front yard setbacks, as required, would no longer apply to this frontage. In addition, Zoning Ordinance restrictions which prohibit parking within the front yards of properties in R zones or in C zones within 50 feet of an R zone would not be applicable to properties with Maiden Lane frontage if that right-of-way were redesignated an alley. Parking to accommodate either a residential use constructed on RM -145 land west of Maiden Lane or the redevelopment of CB -2 or CC -2 zoned land east of Maiden Lane could be located adjacent to Maiden Lane if that street was redesignated an alley. Otherwise, parking spaces could not be located within the 20 foot front yard, as required, within the RM -145, the CB -2 and the CC -2 zones on either side of existing Maiden Lane right-of-way. Lifting development restrictions by redesignating Maiden Lane an alley may foster redevelopment of the area. Because street frontage limitations would no longer be applicable, the buildable area of adjacent private properties would, as a result, be enlarged. The development appeal of undeveloped property on the west side of Maiden Lane may increase and the redevelopment potential of property east of the right_ of -way may improve. STAFF RECOMMENDATION Staff reiterates its recommendation to designate Maiden Lane an alley 47 feet in width which will not preclude the ability to provide parking within this right-of-way at a futu Approved by: onald chmeiser, Director Department of Planning and Program Development bj5-1 9 v F nLor IL fv�J ,q ♦• --------------- ¢¢ �a Lei ry , Lor I 1 i Lor li Nn So.6v' Y° 6 52..4 • '��A'21'41.'E Y,0• �°L(ye• f• n' I �' n� Ler z IM IIUI --------------- d I Veer Lu. t• -- r Y G>n�ul� EYces% 14 Cvsr Sr. ®8 .".• Ify COW. &u " OF DeVlCrayGyl 14 Na°auae t- r.e: OI OL. SC PA' .4.ci- 6 I-18eo' `0 Exist. Electrical' °•q .Sarvion v 90' Exist. Telephone Sarvics . I— ---- a . ' I r>'HyJ' •I 1 8; Cv r461Y N , rr a,v fi I y l O G qa Exist. Sanitary SLw rf V 1I 1 I EO• CO.W. �e� -Thep ones Y 11H LVW WI I L.4�la.L f�.I i 4• i" (✓oa � I ayuaru•wr 81_._i (e!lalI.L �reu aw�.r �•by i r1 4 �,r,cvrc>o Raua R �r 6' U aor..ey,. ar uc n y1 1 aRCEI. A. 1 a. I WW=4 r... .., IT .. r� ..• .. w. , ' CnY O. 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All feet• to the N Richt-of-May tie 5e7.21v0-L. alrr Point on Ihr Ra.t I 1 I EO• CO.W. �e� -Thep ones Y 11H LVW WI I L.4�la.L f�.I i 4• i" (✓oa � I ayuaru•wr 81_._i (e!lalI.L �reu aw�.r �•by i r1 4 �,r,cvrc>o Raua R �r 6' U aor..ey,. ar uc n y1 1 aRCEI. A. 1 a. I WW=4 r... .., IT .. r� ..• .. w. , ' CnY O. II>LayOaque uVeGall. ; t 310 Duren ^_•-�_ San IBIS -� lhu, AupelvIbion of L A. .ow CAn " • Particularly dear N Of of file l. CA .1 IIID unlYrSrtn " . 2. at I•a0G 253• u Rno•Yur@a•Y. All feet• to the N Richt-of-May tie 5e7.21v0-L. alrr Point on Ihr Ra.t I 4 �,r,cvrc>o Raua R �r 6' U aor..ey,. ar uc n y1 1 aRCEI. A. 1 a. I WW=4 r... .., IT .. r� ..• .. w. , ' CnY O. II>LayOaque uVeGall. ; t 310 Duren ^_•-�_ San IBIS -� lhu, AupelvIbion of L A. .ow CAn " • Particularly dear N Of of file l. CA .1 IIID unlYrSrtn " . 2. at I•a0G 253• u Rno•Yur@a•Y. All feet• to the N Richt-of-May tie 5e7.21v0-L. alrr Point on Ihr Ra.t I N Of of file l. CA .1 IIID unlYrSrtn " . 2. at I•a0G 253• u Rno•Yur@a•Y. All feet• to the N Richt-of-May tie 5e7.21v0-L. alrr Point on Ihr Ra.t I GOURT ST. I lu Z Q J Y .R N �S m m v a" Z W Q NaP,Risow ST. o® t.i2le8aw STAFF REPORT To: Planning & Zoning Commission Item: V-8802. Maiden Lane Vacation. i GENERAL INFORMATION: j Applicant: Requested action: Purpose: Location: Size: Surrounding land use and zoning: Applicable regulations: SPECIAL INFORMATION: Public utilities: Transportation: Prepared by: Monica Moen Date: June 16, 1988 John R. Rummelhart, Jr. 1430 Waterfront Drive Iowa City, Iowa 52240 Phone: 338-1121 Vacation of a portion of the Maiden Lane right-of-way. To permit acquisition by adjoining property owners. Maiden Lane between Court Street and the northern right- of-way line of Harrison Street. 47' x 320'; 15,040 square feet. North - Commercial; CB -2. East - Commercial, Residential above Commercial Uses; CB -2 and CC -2. South - Commercial, CC -2. West - Undeveloped and Commer- cial; RM -145. Chapter 364 of the Code of Iowa, 1987. Storm and sanitary sewers and telephone, gas and electric, and cable television services are located in this right-of- way. The right-of-way provides access to the rear entrances of existing buildings with Gilbert Street frontage. Entrances to the Community Auction building are also oriented to Maiden Lane. BACKGROUND: The applicant, John R. Rummelhart, Jr., requests that the City vacate the portion of Maiden Lane lying between Court Street and the northern right- of-way line of Harrison Street, a distance of approximately 320 feet. On I 2 or about June 17, 1988, Mr. Rummelhart anticipates purchasing property west of Maiden Lane which fronts onto this 320 foot portion of the right- of-way. Maiden Lane was originally platted at a width of approximately 57 feet. On December 3, 1875, the City vacated the easterly ten feet of the right- of-way. The rectangular portion of Maiden Lane under consideration, therefore, measures approximately 47 feet by 320 feet. Mr. Rummelhart is requesting that the remaining, unvacated portion of Maiden Lane be vacated and that the westerly 28 feet of the right-of-way be disposed of to him. ANALYSIS: In evaluating a request for vacation of a City -owned right-of-way, the impact of that action on private property access and on the City's ability to provide fire protection and other emergency services are of primary concern. Disposition of public right-of-way may also affect vehicular and pedestrian circulation, utility access and the availability of public parking. Vehicular/Pedestrian Access and Circulation: Although unimproved to current City street standards, Maiden Lane provides vehicular and pedestrian access to the rear entrances of existing buildings which front onto Gilbert Street. This right-of-way permits access by delivery vehicles serving the commercial uses occupying those buildings in much the same way that alleys provide access to buildings in other commercial areas. Maiden Lane offers an alternative to the use of Gilbert Street for that purpose, thereby, assuring the ability of Gilbert Street to carry larger volumes of traffic in an unrestricted manner. The northern part of the tract west of Maiden Lane is undeveloped and is accessible from Linn Street. Community Auction, located on the southern portion of this tract, has frontage on Harrison Street; its entrances are all currently oriented toward Maiden Lane, however. If the tract west of Maiden Lane is redeveloped for a residential use consistent with its RM - 145, High -Rise Multi -Family Residential zoning classification, an addi- tional access to this high density development via Maiden Lane would assure uncongested traffic conditions on adjacent streets. This is an important consideration on Linn Street and, to a lesser extent, on Harrison Street. Maiden Lane, therefore, continues to provide access to abutting establishments and to facilitate pedestrian and vehicular circulation on intersecting streets. The buildings on the east side of Maiden Lane consume the entire lots on which they are located. The property west of Maiden Lane may be redeveloped for high density, multi -family residential development. Given the high building intensity and population density potential in the area, it is in the public interest to retain Maiden Lane as a public right-of- way to ensure the prompt and efficient delivery of fire protection and emergency services to the area. Utilities: Several utilities exist within the portion of Maiden Lane under consideration. A north -south 48 -inch storm sewer depicted on the survey plat extends to Ralston Creek. A sanitary sewer parallels this storm sewer and intersects with an east -west oriented sewer within the Harrison Street right-of-way. Not illustrated on the survey plat are existing telephone, cable televi- sion, and gas and electric services within Maiden Lane. Buried telephone conduit runs north and south along the west side of this right-of-way and continues south beyond the area requested for vacation. An underground telephone vault has been placed immediately north of the Harrison Street right-of-way. Heritage Cablevision has identified an underground cable television service extending westerly from a utility pole located in the northwestern corner of the Maiden Lane right-of-way, immediately south of Court Street. This line serves residential uses in the building located on the southwest corner of Gilbert and Linn streets (401 South Gilbert Street). It is unknown if other private cablevision services exist in the right-of-way. From the same utility pole, underground electrical service extends easterly to also accommodate 401 South Gilbert Street. In the event of vacation of Maiden Lane, Iowa -Illinois Gas & Electric requests that a 15 -foot wide easement be reserved within Maiden Lane from Court Street south to Ralston Creek to accommodate the redevelopment of property on the east side of Maiden Lane. Presently, except for the 401 South Gilbert Street property, all uses on the east side of Maiden Lane obtain electricity from sources on the east side of Gilbert Street. If these buildings are redeveloped to their full use, their electrical services must be upgraded; the Gilbert Street source is incapable of handling the upgraded services. To facilitate potential improvements, Iowa -Illinois Gas & Electric, therefore, requests reservation of a 15 -foot wide north -south oriented easement within Maiden Lane if this street is vacated. All other utilities within this right-of-way would have to be similarly protected. Although buildings or structures could not be erected on any utility easements, vacation and disposition of Maiden Lane would enable adjacent landowners to construct drives, walkways and/or parking areas over these easements. Public Parking: A limited amount of unmetered public parking is available within the portion of Maiden Lane under consideration. Prior to placing restrictions on parking within this street, Maiden Lane offered a popular free and long-term alternative to metered parking and to off-street parking available in City -owned ramps. In response to adjacent property owners' frustration at the inability to access their businesses and to provide parking for their patrons and, as a result of the congested conditions observed, parking on the west side of Maiden lane was restricted to one hour and parking on the southeast side of the right-of- way was prohibited. Parking required by adjacent businesses continues to be a problem in the immediate area due to the inability of property owners to provide on-site parking. By vacating and disposing of Maiden Lane, the City would relinquish its ability to provide public parking in this right-of-way and to relieve parking constraints in the area. Private control of the former right-of-way offers no assurance that space within the vacated right-of- way would be reserved for parking purposes. In the interest of preserving an opportunity to address the parking issue in the area, it is not in the public interest, therefore, to vacate and dispose of Maiden Lane. Alternative to Right -of -Way Vacation: In lieu of vacating the unvacated portion of the Maiden Lane right-of-way between Court Street and the northern right-of-way line of Harrison Street, staff suggests that this //W 9 approximate 47 -foot by 320 -foot segment of Maiden Lane be designated an alley. The ramifications of this action would be that public and utility access would be preserved, vehicular and pedestrian circulation in the area would be unhindered, and the public option of providing parking in the area would be retained. Adjacent property owners, on the other hand, would benefit from the standpoint that setbacks, as they apply to street frontages, would no longer be relevant. The 20 -foot front yard setback of the CC -2 zone and of the RM -145 zone when low-rise multi -family dwellings are constructed in that zone would no longer be applicable. Existing buildings could be expanded or new buildings constructed closer to the Maiden Lane right-of-way than currently permitted. In staff's opinion, this can be achieved without compromising the ability of Maiden Lane to provide vehicular and pedestrian access, the efficient delivery of emergency services, public utility access and the option of using the right-of-way for public parking. STAFF RECOMMENDATION: Staff recommends that the request to vacate an approximate 47 -foot by 320 - foot segment of Maiden Lane between Court Street and the northern right- of-way line of Harrison Street be denied. Alternatively, staff recommends that this portion of Maiden Lane be redesignated as an alley. ATTACHMENTS: 1. Location Map. 2. Applicant's Statement in Support of Vacation Application. 3. List of Property Owners within 200 feet. 4. July 8, 1986, Survey. Approved by: onald chmeiser, Director Department of Planning and Program Development //9X I 19113 Amyl v-/ - I oil � 0 1 k M M -Ay I 1 1988 ATTACHMENT MARIAN K. KARR Statement 12 Su ort of A llcion for CIN CLERK (3) Vacation an D35 osa o a Port oat n of maiden Lane Lying South of Court Street ano North or Harrison Street TO: Iowa City Planning and Zoning Commission Iowa City City Council The Applicant, John R. Rummelhart, Jr., is requesting that the City vacate a rectangular portion of Maiden Lane lying between Court Street and Harrison Street. John R. Rummelhart, Jr. is an unrecorded contract purchaser from the Hills Bank and Trust Company as Executor of the Frank E. Vogel Estate. The Applicant's property is located west of the property to be vacated. The parcel is approximately 47' x 320'. Maiden Lane was originally 56' x 320' but the easterly 10 feet has already been vacated by previous ordinance of the City of Iowa City. The Applicant requests that the remaining portion of Maiden Lane which has not been vacated now be vacated and that the westerly 2B feet of said right of way be disposed of to John R. Rummelhart, Jr. at a fair and reasonable price. The Applicant also states as follows: 1. The subject property is no longer needed or used as a regular City street. 2. There is an existing sanitary sewer and storm sewer easement located over and across the Maiden Lane right of way. The Applicant acknowledges that it will be necessary for the City to retain these utility easements. 3. The use of the subject property as a public street would require substantial expenditure of City funds to maintain and improve it in order to make it func- tional and safe. 4. The City has not maintained the subject property for a considerable number of years and the road may have never been opened for public use. The following attachments are included with this Applica- tion: A. Location map. 0. Legal description. C. 1986 survey slowing the property. (Please note that the legal description on the survey includes the 10 feet previously.vacated.) D. List of property owners within 200 fact of subject property. This vacation applicationis subject to Applicant being able to purchase the west 2a feet of Maiden Lane at a 6 -_- reasonable price and close the purchase from the V09e1 Estate on or about June 17, 1988. 04/14-04-174 0 � o a � M !'AY 1 11980 MARIAN K. KARR CITY CLERK (3) I I I i i I i I i -_- reasonable price and close the purchase from the V09e1 Estate on or about June 17, 1988. 04/14-04-174 0 � o a � M !'AY 1 11980 MARIAN K. KARR CITY CLERK (3) I List Of Property Owners Within 200 Feet of S biect Prop ctv OWNER ADDRESS Youth Homes, Inc. 402 South Linn Street Iowa City, Iowa 52240 Hwan Jo Chung 412-16 South Linn Street Iowa City, Iowa 52240 St. Patrick's Church 435 South Linn Street Iowa City, Iowa 52240 St. Patrick's Church 228 East Court Street Iowa City, Iowa 52240 Gene Kroeger and David M. 320 South Linn Street TSgges Iowa City, Iowa 52240 Joel D. Schintler and Peggy J. Schintler 330 South Linn Street Iowa City, Iowa 52240 Gene Kroeger and David M. Tigger 332 South Linn Street Iowa City, Iowa 52240 Benjamin P. Chait Vacant Lot Cahill -Cahill 316 East Court Street Iowa City, Iowa 52240 Old Feed Store Associates 330 East Court Street Iowa City, Iowa 52240 Cahill -Cahill 317 South Gilbert Street Iowa City, Iowa 52240 Cahill -Cahill 325 South Gilbert Street Iowa City, Iowa 52240 City of Iowa City Lot South of Harrison and East of Linn Street Thomas M. Nereim 310 Prentiss Iowa City, Iowa 52240 Benjamin Chait Lots 1 and 2 Block 5 Lyons Ist Addition Iowa City, Iowa 52240 (Parking Lot-Blacktopped) Frank Boyd, at al 519 South Gilbert Street Iowa City, Iowa 52240 Bruce E. Johnson and Grace 507 South Gilbert Street E. Johnson Iowa City, Iowa 52240 Wayne S. Sullivan 519 South Gilbert Street Iowa City, Iowa 52240 Paul F. Dunlap, at al 419 South Gilbert Street Iowa City, Iowa 52jjjj2���240 Paul F. Dunlap, at al 407 South Glib rt Sd ka!et u lS D Iowa City, Iowa 5 d0 ''AY 1 (1980 MARIAN K. KARR CITY CLERK (3) i -2 - Dave Braverman 405 South Gilbert Street Iowa City, Iowa 52240 Daryl K. Granner and Nancy 401 South Gilbert Street and J. Granner 329 East Court Street Iowa City, Iowa 52240 Benjamin P. Chait Beginning at SW Corner of Lot 6, Block 2, Serryhill Iowa City, Iowa 52240 Benjamin P. Chait 408 South Gilbert Street Iowa City, Iowa 52240 Pipeyard Partnere (Jim Clark) 334 South Gilbert Street Iowa City, Iowa 52240 04/14-04-173 0 d E 1!1 I!AY 1 11980 MARIA14 IC. KARR CITY CLERK (3) V-8802 VACATION OF MAIDEN LANE RIGHT-OF-WAY �. �ybjl•7 • G I ' --------------- —0•jy} i •- I �.. �.....•. � .. ft __GOUIT Y Mp• CyYll ��— 0,04 n[,.. {y-,([\�.\ •� 1 .phi-.�f xnn •... 1,14 mid PAICIL 9v [ ddi a--------------- q' I - ��" � �) _ ill( a f.nl••In f � I e.12e Q� �'.YI n.., p ' ♦ ' ' nr p • [. f[ul I Ai {• R 1 +1OF N ;NI I - �[pu P •f. ��,[[r �I<s �Ir w7;�p'CY � L [[. •onn RAE f• [i �{GlH504�—S,Piaf ,•; 1•L•!'� yToM,•.... L+r�u..0 OIC tN IL C[b •LL ' I • I ; 1L1 Wnu p....ae •u le,f • � •______ � �` _� I I.Il lf. II.[, JUIIn, Iln I ,ry ...1 �� [uf.nblen nl . e•v 14n a.br u. a..ur4. Naltaul[4rta![Cnl I17� er"�.uo•uo . n ,..... 6 NOTICE OF OBJECTION T0: The Planning and Zoning Commission -and the City Council of the City of Iowa City, Iowa The undersigned, Dunlap Properties, an Iowa general partnership and owner of property adjacent to and served by a portion of Maiden Lane between Court Street and Harrison Street in Iowa City, Johnson County, Iowa, does hereby object to the proposed closing of said street, the redesignation of said right of way from a street to an alley, and to any reduction in the width of said existing right of way because any such action will reduce the existing access to property owned by the under- signed and thereby impair its value. Daced this 16th day of June, 1988. JUN 161988 MARIAN K. KARR CITY CLERK (3) ' l/9� i C DININCE W. -3388 AN OiDIME MENDING THE ZCNING C4DINAXE BY CIVNDING THE USE REi9AATICNS OF CERTAIN PROPERLY LOCATED AT 1421 MTERFi M DRIVE. WEREAS, the Property located at 1421 WaterFront Drive is located in an area caned CI -1, Intensive Commrcial Zane; and MUMS, the Comprehensive Plan sham the Propertythe boudary of an area designated for general commercial lard uses to the north and intensive cammroial lard uses to the south; and WEREAS, the Canprdrnsive Plan is a general guide a tand iebe imewith flexibilityatt�boundaries of designated uses to allow appropriate transitions between such areas; and the established cmrme' rcialarea, surrounded ded ais mi three of sides by the CC -2, Cmmnity Camereial Zane; and WERFAS, the CC -2 zone would permit develWrent compatible with surrounding land use patterns, and stabilize the area closet to U.S. High W 6 for general a mrcwcial uses. fDW,THEREFORE, BE IT Cffl4IfED BY m Cm MICIL OF THE CITY OF ICVA Cm, IOW4: SECfICN I. We MOW. that the property EM bels is hereby reclassified from its present classification from CI -1 to CC -2: Came irg as a Point of reference at the Northeast Corner of the Southwest quarter of Section 15, Tatship 79 North, Range 6 West of the 5th Principal Fieridlan, Johnson Camrnty, be; thence South 00'21'20" East along the Easterly line of Comment Lot 4 Waded 1,329.6 feet to the fbrtlreast Conner of Governed hot 4 (this is an assured hearing far purposes of this desaip- "On Only); theme continuing South 00'21120" East, 759.00 feat along the EmWly lire of said Covem ert tot 4 to a point; thanoe South 89'35'09" test, 56.48 feet, to a point on the Centerline of Wata*mt Drive (formerly Sand Road), and the point of Beginning; thence South 04026'40" East, along said Certerline, 60.79 feet; theme South 89.35'09" Nest, 272.93 feet; th mm forth 00.13104" Nest, 40.00 feet; there North 17'36111" West, 20.92 feet; theme North 00'23146" test, 283.12 feet; there North 89.56'23" East, 235.25 feet; thence South 22'54'36" East, 71.83 feet; thence South 04.26140" East, 170.06 feet, to the Point of Begimlrg. Said tract contains 1.870 acres,mere or less, and is suhJect to easeretts and resb - tions of record. Ordinance No. 88_3388 Page 2 SSECTIOi II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECIiCN III. SEVMILIfY: If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or moonstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV, EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 9th day of August, 1988. D Approved as to Form Z so Legal tY 1199 9 It was proved by Ambrisco and seconded by Dickson that the Ordinance as reams od pfd, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 7/26/88 Vote for passage: Ayes: Horowitz, Larson, t•1cDonald, Ambrisco, Courtney. Nays: None. Absent: Strait, Dickson. Second Consideration --------- Vote for passage: Date published 8/17/88 Moved by Ambrisco,.seconded by Dickson, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Morowitz, Larson, McDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: None. Pff i A I OfDIWVCEfD. 88-3389 MIWKE M MM TfE MNISICM OF 1fE CC -2, CCiMNITY CMMNIAL ZX TO ALLOW FOM LOOM AS A PEIAIITTED USE. WEREAS, the CC -2, Cmmnity Comrertial Iae, is intended to provide for a vaHety of retail establishmnts and services which serve a major segent of the total canrnity population; and WM. food lockers are establisfinents pri aHly engaged in rientirg locker space for the storage of food products far individual households; and WERFA4, food lockers are consistent with the intent of the CC -2 zone, and are ampatible with other retail establishnads and services allowed in the CC -2 zone. NX 1fEUGE, 6E IT OWED By THE CITY COKIL OF IOA CITY: SECRLII i. MfhilEI1IS. That Section 36.19(b) of the Code of Ohdlnanoes shall be mended by inserting the following new sd>section: (2.1) Food lockers. SECiIOi II. RE�p dam. All ordinances ad pans of ordirhares in conflict with the provision of this ordinance are herby repealed. SECM III. SEVERABI� ITY. If any sedim, provision or part of the Ohdinnce shall be adjudged to be invalid or unconstitutional, such ad*dication shall not affect the validity of the Ordinance as a whole ar any section, provision or part thereof not adjudged invalid or uconstitutioral. SECfIOV IV. rba. This Ordinance shall be in effect after its final passage, approval and publication as required by law. passed and approved this 9th day of August, 1988. r MESA Approved as to Fora -ras lit /0200 n It was moved by Courrnev and seconded by Strait that the Ordinance as readeb —adopted and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney x Dickson X Horowitz x Larson X McDonald X Strait First Consideration 7/26/88 Vote for passage: Ayes: McDonald, Ambrisco, Courtney, Horowitz, Larson. Nays: None. Absent: Strait, Dickson. Second Consideration Vote for passage: Date published 8/17/88 Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: McDonald, Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson. Nays: None. Absent: None. OiOINANCE NO. 88-3390 OralWNCE VACATING A PORTION OF BLM'UNGTON AND CAPITOL STREETS. MEREAS, the City of Iowa City and the Univer- sity of Iowa have agreed to jointly develop a park- ing facility, a water storage tank, and a chiller plant on Block 100, Original Ton; and VEWs construction of this project will require the vacation of a strip along Capitol Street for actual placement of the facility and vacation of a portion of Bloomington Street to facilitate pedes- trian traffic and underground utilities for the joint facility; and W,EM' the properties abutting these rights- of-way are owned by the University of Iowa and access to any private property will not be dimin- ished by vacation of said portions of said streets. NOW, T&AFOPE, BE IT ORDAINED BY TTE CITY COUNCIL OF 11E CITY OF IOWA CITY: SECTION I. VACATION. That the City of Iowa City e y vaca ose portions of B wnington and Capitol streets legally described below: 1. All that part of Bloomington Street right-of- way from the west lot line of Lot 3, Block 100, Original Ta+n to the west right -of -Way line of Capitol Street. Capitol 2. The east 10 feet of the vest 20 feet of Cap Street from the south right-of-way lire of Davenport Street, extended, to the north right- ofiray line, extended, of Bloomington Street. 10 Thisdescribed cin width feet vacated by the Ordiinnance st of No 56-(53.5) Section 9. All ordinances and SECTION II. FEpENFR: parts of ordinances in LMict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provisionor pao e finance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a vhole or any section, provision or part thereof rat adjudged invalid or unconstitutional. SECTION EFFETE DATE: is Ordinance eV shal m e i passage, approval and publication as required b law• tressed and approved this 9th day of August, YD App OV to Legal partrnen 1A 00& It was moved by Ambrisco and seconded by Dickson that the Ordinance as read-Se a opte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 6/28/88 Vote for passage: yes: Courtney, Horowitz, Larson, McDonald, Strait, Ambrisco. Nays: None. Absent: Dickson. Second Consideration 7/12/88 Vote for passage: Ayes: Dickson, Horowitz, Larson, McDonald, Strait, Ambrisco, Courtney. Nays: None. Absent: None. Third Consideration 7/26/88 Vote for passage: Ayes: Courtney, Horowitz, Larson, McDonald, Ambrisco. Nays: None. Absent: Dickson, Strait. Date Published 8/17/88 e RESOLUTION NO. 88-171 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF IMPERIAL COURT INDUSTRIAL PARK, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Iowa City Ready Mix, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of Imperial Court Industrial Park, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00'20'40"E, 1322.01 feet, a Recorded Bearing along the West Line of said Northwest Quarter in accordance with the Plat of Survey Recorded in Plat Book 16, Page 33, of the Records of the Johnson County Recorder's Office, to the Northwest Corner of the Southwest Quarter, of said Northwest Quarter of Section 22; Thence N88'51156"E, 532.54 feet, to the Centerline of former Iowa Highway No. 218; Thence N88'51156"E, 45.80 feet,to a point on the Easterly Right -of -Way Line of relocated Primary Road U.S. No. 218, a Recorded Distance in accordance with the Warranty Deed and Right -of -Way Plat Recorded in Deed Book 387, Page 148, of the Records of the Johnson County Recorder's Office; Thence 505.33124"E, 164.03 feet, along said Easterly Line, to an iron Right -of -Way Rail and the Point of Beginning; Thence N88'51156"E, 327.00 feet, to the Westerly Bank of the Iowa River, as it is now located; Thence 544'16144"E, along said Westerly Bank, 545.02 feet; Thence 589'23117"W, 697.34 feet, to an iron Right -of -Way Rail found on said Easterly Right -of -Way Line of relocated Primary Road U.S. No. 218, at Station 32+30; Thence NOO'55'00"W, along said Easterly Right -of -Way Line, 217.34 feet, to P.T. Station 30+12.3; Thence NO2'11'47"W, along said Easterly Right -of -Way Line, 174.00 feet, to an iron Right -of -Way Rail found on said Easterly Right -of -Way Line, at Station 467+55, and the Point of Beginning. All in accordance with said Warranty Deed and Right -of -Way Plat, Recorded in Book 387, at Page 148, of the Records of the Johnson County Recorder's Office, and the Highway Right -of -Way Plans, on file with the Iowa Department of Transportation. Said tract of land contains 4.615 Acres, more or less, and is subject to easements and restrictions of Record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdivision and have recommended approval of same with a waiver of the sidewalk and cul-de-sac design requirements of Chapter 32 of the Iowa City Code of Ordinances; and /Q.03 -2 - WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved with a waiver of the sidewalk and cul-de-sac design requirements; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa, with the exception of the sidewalk and cul-de-sac design requirements of Chapter 32 of the Iowa City Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the preliminary and final plats of Imperial Court Industrial Park, a subdivision of the City of Iowa City, are hereby approved with a waiver of the sidewalk and cul-de-sac design requirements of Chapter 32 of the Iowa City Code of Ordinances. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the preliminary and final plats after passage and approval by law. It was moved by Dickson and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 9th day of August 1988. OR l Approved as to Form ATTEST: La YI'.1,1gs IT CLERK Legal Department )Q_D3 9 RESOLUTION NO. 88-172 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN FOR IOWA CITY READY MIX, INC. WHEREAS, the owner, Iowa City Ready Mix, Inc., has filed with the City Clerk of Iowa City, an application for approval of a preliminary Large Scale Non -Residential Development Plan for Iowa City Ready Mix, Inc., which is legally described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N00.20140"E, 1322.01 feet, a Recorded Bearing along the West Line of said Northwest Quarter in accordance with the Plat of Survey Recorded in Plat Book 16, Page 33, of the Records of the Johnson County Recorder's Office, to the Northwest Corner of the Southwest Quarter, of said Northwest Quarter of Section 22; Thence N88'51'56"E, 532.54 feet, to the Centerline of former Iowa Highway No. 218; Thence N88'51'56"E, 45.80 feet, to a point on the Easterly Right -of -Way Line of relocated Primary Road U.S. No. 218, a Recorded Distance in accordance with the Warranty Deed and Right -of -Way Plat Recorded in Deed Book 387, Page 148, of the Records of the Johnson County Recorder's Office, said point being the Point of Beginning of the tract herein described; Thence N88'51'56"E, 184.00 feet, to the Westerly Bank of the Iowa River, as it is now located; Thence S44°43'06"E, 225.77 feet along said Westerly Bank; Thence S44'16'44"E, along said Westerly Bank, 173.65 feet; Thence 545'43'16"W, 42.16 feet; Thence Southwesterly 101.98 feet along a 50.00 foot radius curve, concave Southeasterly, whose 85.20 foot chord bears S77'17'25"W; Thence Southwesterly 30.77 feet along a 25.00 foot radius curve, concave Northwesterly, whose 28.87 foot chord bears S54'07'25"W; Thence S89°23'17"W, 68.50 feet; Thence NOO.36'43"W, 76.00 feet; Thence S89'23'17"W, 237.96 feet to a point on the Easterly Right -of -Nay Line of South Riverside Drive; Thence NO2'11147"W, 110.31 feet to an iron Right -of -Way Rail; Thence N05.33124"W, 164.03 feet, along said Easterly Line, to the Point of Beginning. Said tract of land contains 2.174 acres more or less and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development Plan and have recommended approval of same; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined by the Planning and Zoning Commission and after due deliberation, the Commission has recommended that it be accepted and approved; and I -2- WHEREAS, the preliminary Large Scale Non -Residential Development Plan for Iowa City Ready Mix, Inc., is found to conform with all of the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I That the preliminary Large Scale Non -Residential Development Plan of Iowa ! City Ready Mix, Inc., is hereby approved. It was moved by Strait and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson i X Horowitz X Larson X McDonald X Strait I Passed and approved this 9th day of Aueust , 1988. I OR Approved as to Form ATTEST:yfP j CIT CLERK LegalDepartment' A 4)/ STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: S-8826. Imperial Court Industrial Date: July 21, 1988 Park; Iowa City Ready Mix, Inc. GENERAL INFORMATION: Applicant: Iowa Cit Read M, I Requested action: Purpose: Size: Existing land use and zoning: Surrounding land use and zoning: Y y ix, nc. P.O. Box 247 Iowa City, Iowa 52244 Contact: Earl Yoder Phone: 338-7515 Approval of preliminary and final subdivision plats for Imperial Court Industrial Park and approval of a preliminary LSNRD Plan for Iowa City Ready Mix. To permit subdivision of a tract into 11 lots and to allow relocation of the batch plant conveyor system and construc- tion of a material handling unit and a truck storage and shop building. Subdivision: 4.615 acres. LSNRD: 2.174 acres. Subdivision: Cementitious concrete batch plant facility and undeveloped land; I-1. LSNRD: Cementitious concrete batch plant facility; I-1. Subdivision North - Cementitious concrete batch plant; I-1. East - Iowa River. South - Industrial; I-1. West - Airport; P. LSNRD North - Sturgis Ferry Park; P. East - Iowa River. South - Undeveloped; I-1. West - Airport; P. Comprehensive Plan: Industrial. F Applicable regulations: Provisions of the Zoning Ordinance, Stormwater Manage- ment Ordinance, Subdivision Regulations, Airport Zoning Ordinance, Floodplain Regula- tions, and the River Corridor Overlay Zone. Limitation periods: 45 -day: August 15, 1988. 60 -day: August 29, 1988. (Applicable to final sub- division plat.) SPECIAL INFORMATION: Public utilities: Adequate water service is j available. Upon reconstruction of the municipal sewage treatment system, adequate sewer service will be available to serve the proposed sub- j division. The existing Iowa City Ready Mix facility is served by the municipal sewer system. Public services: Sanitation service will be provided by a private hauler. Police and fire protection are available. Transportation: Vehicular access is available via South Riverside Drive. j Physical characteristics: The site is relatively flat. The property drains from the west to the east toward the Iowa River. BACKGROUND: J Iowa City Ready Mix, Inc. has submitted an application for approval of the preliminary and final plats of Imperial Court Industrial Park, a 4.615 acre, 11 lot industrial subdivision proposed east of South Riverside Drive, south of the existing Ready Mix cementitious concrete batch plant and north of Moore Business Forms. The applicant is also requesting approval of a preliminary Large Scale Non -Residential Development (LSNRD) plan to permit integration of existing structures on Lots 9, 10 and 11 of the proposed subdivision with the existing batch plant facility directly north of proposed Lots 9 and 10. Approval of this plan would also allow a new truck storage and shop structure to be constructed, would permit a conveyor system which feeds materials into the batch plant to be relocated on the site, and would allow existing stockpile areas to be enlarged and improved by constructing an uncovered, 3 -sided bin around stockpile areas to contain the raw materials needed to produce concrete. To date, a letter outlining a 9 3 tentative time schedule for implementation of the proposed improvements or expansions has not been submitted by the applicant. Provided the final LSNRD plan for this development does not deviate from the parameters of an approved preliminary plan, the LSNRD regulations permit administrative approval of the final plan for proposed improvements and expansions to the existing facility. ANALYSIS: The plats for Imperial Court Industrial Park and the LSNRD plan for Iowa City Ready Mix will be considered separately. Preliminary and Final Plats: Imperial Court Industrial Park General Requirements: The final plat for Imperial Court Industrial Park complies with the provisions of the Subdivision Regulations. The preliminary plat of this subdivision is in general compliance with these requirements. The plat notes, however, that no sidewalks are proposed within this subdivision. While pedestrian traffic within the subdivision is not anticipated, the small size of the development is not expected to generate volumes of vehicular traffic that would be detrimental to pedestrians in the area. The regulation that requires the placement of sidewalks within subdivisions would, in staff's opinion, generate costs to the subdivider that would be excessive in comparison to the benefits derived from that expense. Staff, therefore, suggests that the sidewalk requirement be waived for this subdivision. The turnaround portion of the proposed Imperial Court cul-de-sac does not conform to the design standards for cul-de-sacs as specified in the Subdivision Regulations. The proposed design, however, is expected to facilitate truck traffic and other industrial -related traffic to a greater extent than the local design standards permit. It is staff's recommenda- tion, then, that the cul-de-sac design requirements for this subdivision be waived to allow the cul-de-sac turnaround proposed. The topography of the tract allows stormwater to be collected within a proposed inlet shown within the Imperial Court cul-de-sac and transported to the Iowa River. Stormwater detention on the site is, therefore, not required. The system proposed complies with the Stormwater Management Ordinance requirements. Specific Requirements: All development within the proposed subdivision will be subject to the height and use restrictions of the transitional zone of the Airport Zoning Ordinance. The eastern portion of the tract must also comply with the requirements of the River Corridor Overlay Zone. Building permits for development within this subdivision will be restricted in accordance with the limitations imposed by these overlay zones. No construction plans, to date, have been received. Deficiencies and discrepancies within the preliminary and final plats are listed at the end of this report. Economic Impact: The assessed value of land within the proposed sub- division is expected to be comparable to the commercial subdivision immediately south of the CRANDIC Railroad and west of the Iowa River. The /a0�4 assessed value of that land is approximately $50,000/acre. The 4.615 acre Imperial Court Industrial Park has an estimated assessed value, then, of $230,750. At a current tax levy of $11.69523/$1,000 of assessed valua- tion, the City would annually generate $2,700 in taxes from this sub- division. Subdivision of the land will not require a commitment of public funds or services beyond the services already available to the tract. LSNRD Plan: Iowa City Ready Mix, Inc. General Requirements: The proposed LSNRD plan for Iowa City Ready Mix complies with the dimensional requirements and parking requirements of the Zoning Ordinance. The plan must be amended, however, to show compliance with the tree regulations of the Zoning Ordinance. Alterations to an existing industrial use, not in compliance with the performance standards of the Zoning Ordinance, may be made provided the changes conform with the applicable performance standards. Given that the Ready Mix tract abuts the Iowa River and Sturgis Ferry Park and that alterations are proposed on the tract, the plan must comply with the screening and storage provisions of the performance requirements. Where a lot, occupied by an industrial use abuts a recreational area, including the Iowa River, screening must be preserved, planted, constructed and maintained by the owner of the industrial use in accordance with Section 36-76(j) of the Ordinance. The southeastern boundary of the Ready Mix property is presently screened from view of the river by a dense growth of natural vegetation. Although the site is at a considerably higher elevation than the Iowa River, which aids in shielding view of the batch plant facility from the river, insufficient vegetation exists along the northeastern boundary of the property to satisfy the screening requirements of the Zoning Ordinance. Additional vegetation may also be needed along the northern boundary of the tract to satisfactorily shield the batch plant operation from Sturgis Ferry Park. While the Building Official may, in accordance with Section 36-76(j)(4)b, waive the screening requirements for the southeastern boundary of the property since the view of the facility from the river is blocked by a change in grade and by natural features of the site, the plan should be amended to show that screening will be provided along the northeastern border of the property. If sufficient natural features block view of the batch plant from Sturgis Ferry Park, the Building Official may alsowaive the the screening requirements along the tracts northern boundary. Building Official waives these requirements, the plan should note that natural vegetation along the southeastern and northern boundaries of the tract shall be retained and preserved to screen the site from the Iowa River and addressed this 9issue rin the rattached memorandum dated fJuly 14,m1Commission has 988 The plan should also note that the open storage of materials and equipment on the site will comply with the storage provisions of Section 36-76(1) of the performance requirements of the Zoning Ordinance. Provisions of the Stormwater Management Ordinance are satisfied by means of proposed improvements to an existing storm sewer system that will convey stormwater directly to the Iowa River. Detention of stormwater on the site is, therefore, not required. The plan complies with the provi- sions of the Stormwater Management Ordinance. Plan deficiencies and /a o�- discrepancies with respect to general requirements are included in the list at the end of this report. Specific Requirements: This development is located within the transitional zone of the Airport Overlay Zone. The Airport Manager has indicated that proposed improvements on the site do not approach the height limits imposed by the transitional zone regulations. The transi- tional zone places no use restrictions on underlying property, with the exception of prohibitions on sanitary landfills. No landfills are proposed on the Ready Mix site. The boundaries of the 100 -year flood are noted on the plan. No construc- tion is proposed within the area susceptible to flooding by a 100 -year flood. The plan is in compliance with the provisions of the City's Flood Plain Management Ordinance. Portions of the Iowa City Ready Mix tract are subject to the requirements of the River Corridor Overlay (ORC) Zone regulations. The ORC Zone is a 100 -foot wide overlay zone that parallels either side of the Iowa River and is intended to protect and preserve the Iowa River as a natural drainageway, a source of water, and an amenity within the community. Except for pedestrian and/or bicycle paths, all development is prohibited within a thirty-foot horizontal setback area measured perpendicular to either the floodway encroachment line or the riverbank (Section 36- 46(b)(2)). The location of the thirty-foot horizontal setback area relative to either the floodway encroachment line or the riverbank should be identified on the LSNRD plan for the proposed development. The attached copy of the portion of the Iowa River floodplain that includes the Ready Mix property distinguishes between the floodway encroachment line and the 100 -year flood boundary line which is, as noted, already shown on the large scale development plan. Proposed development along the eastern boundary of the tract may be inconsistent with the 30 -foot horizontal setback provisions of this overlay zone. The future parking area and the material handling unit are proposed improvements that may encroach upon the required 30 -foot setback from the river. If the existing conveyor system and material stockpiles were present on the site prior to adoption of the ORC zone regulations in December, 1983, and if these features presently encroach upon the 30 -foot horizontal setback area, the proposed improvements may encroach upon the required setback only if the applicant can show that the extent to which these improvements intrude upon the setback area is no greater than the degree to which the existing conveyor system and material stockpiles infringe upon that setback area. Any expansions to the material handling unit system would have to comply with the setback provisions of the ORC zone. (See Riverfront Commission memorandum.) Information establishing the location of the required 30 -foot horizontal setback on this tract and the location and scale of the existing material handling system should be illustrated on the plan. Consistent with Section 36-46(c) of the Zoning Ordinance which lists site plan requirements for property located in the ORC Zone, the types and location of the soils of the site, as well as a soil report containing information on the suitability of the soils for the type of development proposed, should be submitted. Information regarding soil types on the site has been submitted and is being reviewed by staff. In the event /1�aV- Fl proposed construction requires that the site be excavated, the location and amounts of excavated soil stored on the property should be identified on the LSNRD Plan. An erosion and sedimentation control plan required by the Subdivision Regulations can also satisfy this ORC Zone requirement. Economic Impact: The improvements proposed on the Iowa City Ready Mix, Inc. LSNRD plan are estimated to cost $400,000. The assessed value of the facility is, therefore, expected to increase by the same amount. At a current City levy of $11.69523/$1,000 of assessed valuation, the City would annually generate approximately $4,670 in taxes as a result of the proposed improvements. In addition, the improvements shown do not require a commitment of public funds or services beyond the services already available to the facility. STAFF RECOMMENDATION: Staff recommends that consideration of the preliminary and final plats of Imperial Court Industrial Park be deferred but that, upon resolution of the deficiencies and discrepancies listed below, the plats be approved with a waiver of the sidewalk and cul-de-sac design requirements. Staff also recommends that consideration of the preliminary LSNRD plan for Iowa City Ready Mix be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff recommends the plan be approved. DEFICIENCIES AND DISCREPANCIES: Preliminary Subdivision Plat: 1. Identify the location of existing utilities such as telephone, gas, electric and cable television and show any existing services. 2. Note the location of sanitary sewer and water service for Lots 10 and 11 that serve existing uses on those lots. 3. Locate an additional fire hydrant in the vicinity of Lot 3. 4. Show the distance of existing structures on the site relative to the Imperial Court right-of-way. 5. Amend the typical street cross section to show that the integral roll over curb will have a height of six inches rather than three inches. 6. Remove the note on the plat that refers to utility easements and construction plans. 7. Add a note indicating that the size and location of all utilities shown on the plat are subject to change with submittal of final construction plans at the time of final platting. 8. Include a legend on the plat. Final Subdivision Plat: 1. Submit construction plans. /,?,IX 9 7 2. Reconcile the numbers of Lots 10 and 11 of the final plat with the numbers given to those lots on the preliminary plat and on the Iowa City Ready Mix LSNRD plan. LSNRD Plan: 1. Submit a letter outlining a tentative time schedule for development. 2. Identify the location of existing utilities such as telephone, gas, electric and cable television and note existing services to the site. 3. Note the location of sanitary sewer and water services to the tract. 4. Show a curb cut proposed at the northwest corner of the site. 5. Identify any crushed rock surfaces on the site. 6. With a frontage of 274.34 feet along South Riverside Drive, show either 9 small trees or 7 large trees placed adjacent to this right- of-way in compliance with the tree regulation requirements. 7. Show screening along the northeastern border of the property consis- tent with Section 36-76(j) of the Zoning Ordinance. 8. Obtain a waiver from the Building Official from the screening requirements along the southeastern and northern boundaries of the property and indicate on the plan that natural vegetation along the southeastern and northern boundaries of the tract shall be retained and preserved to screen the site from the Iowa River and Sturgis Ferry Park. 9. Note on the plan that open storage of materials and equipment on the site will comply with the storage provisions of Section 36-76(i) of ithe Zoning Ordinance. 10. Identify either the floodway encroachment line or the Iowa River riverbank, as defined, on the plan. 11. Illustrate the location of the 30 -foot horizontal setback from the floodway encroachment line or the riverbank, as defined, on the plan. 12. Show the location and amounts of any excavated soil to be stored on the site as a result of construction. 13. Show the distance of an existing structure on the site relative to the Imperial Court right-of-way, as proposed. 14. Indicate the location of the proposed waste pit and provide assurance that the pit will be properly maintained to prevent overflow of concrete waste into the river. 15. Include a legend on the LSNRD plan. /aat� 9 1.1 ATTACHMENTS: 1. Location Map - Imperial Court Industrial Park. 2. Location Map - Iowa City Ready Mix, Inc. 3. Iowa River floodplain map. 4. Memorandum from the Iowa City Riverfront Commission dated July 14, 1988. ACCOMPANIMENTS: 1. Preliminary Plat for Imperial Court Industrial Park. 2. Final Plat for Imperial Court Industrial Park. 3. Preliminary LSNRD Plan for Iowa City Ready Mix, Inc. Approved by: , r D Wal4chmeiser, Director Department of Planning and Program Development LOCATION MAP S-8826 Imperial Court Industrial Park NORTH /07aY- LOCATION MAP S-8826 LARGE SCALE DEVELOPMENT Iowa City Ready Mix, Inc. NORTHt IOWA RIVER FLOOD PLAIN Floodway i 1, 100 year Flood -Boundary — — — � :. •-: -.:. -'� "� -. .•- •: ,� � � - -1.i.a 500 -year Flood Boulidar II ti III .} Li• t ' III + M1 II/11 ' •� 1 f1 '•LIL '. 6�:n•9f , .0 r: •II yM1.q-: Q I .�• ^Un�nq�r H I :•��; J(\.\; 'ill .,!m 'I•: at � ' u a City of Iowa City MEMORANDUM Date: July 14, 1988 To: Planning & Zoning Cission From: Melody Rockwell,, Associate Planner Re: Riverfront Commission Review and Recommendation on S-8826, Imperial Court Industrial Park On July 6 and 13, 1988, the Riverfront Commission reviewed the proposed LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc. On July 13, the Commission recommended that approval be conditioned on 1) modifying the location of the materials handling units and the future parking lot to comply with the 30 -foot setback requirement of the River Corridor Overlay Zone, 2) providing and maintaining, not waiving, the required vegetative screening along the riverbank, and 3) indicating the location of the waste pit and providing assurance that the pit will be properly maintained to prevent overflow of cement waste into the river. If you should have any questions concerning this recommendation from the Riverfront Commission, please feel free to contact me at 356-5251. bj/pc2 1ao�l- N ■ RESOLUTION NO. 88-173 r I RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF A i RESUBDIVISION OF A PORTION OF GOVERNMENT LOT 4, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, W.A. Gay and Co., Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plats of a Resubdivision of a Portion of Government Lot 4, a subdivision of Iowa City, Johnson County, Iowa, which is legally described as follows: Beginning at a point on the east line of Government Lot 4, of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, which is 759.00 feet 500021120"E of the Northeast corner of said Government Lot 4; Thence S00021120"E, along said east line, 254.60 feet; Thence 589035'09"W, 331.79 feet; Thence N00031115"W, 254.60 feet, to the Northeast Corner of Lot 15, Sand Lake Addition to Iowa City, Iowa as recorded in Plat Book 10, at Page 23, of the Records of the Johnson County Recorder's Office; Thence N00003'39"W, 237.46 feet; Thence N89o56'23"E, 235.18, feet to a point in the centerline of Waterfront Drive i (formerly known as Sand Road); Thence S22054'36"E, 71.83 feet; Thence SO4026140"E, along said centerline, 170.06 feet; Thence N89035109"E, 56.48 feet, to the Point of Beginning. Said tract of land contains 3.37 acres, more or less. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary and final plats of said subdivision and have recommended approval of same contingent upon vacation of a portion of Waterfront Drive right-of-way adjacent to the applicant's lot and waiver of the provision of sidewalks along Waterfront Drive at this time; and WHEREAS, the preliminary and final plats of said subdivision have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that they be accepted and approved subject to the contingencies suggested by the staff; and WHEREAS, the proposed vacation of a portion of Waterfront Drive has been reviewed and recommended for approval by staff and the Planning and Zoning Commission; and WHEREAS, the plats have been prepared in anticipation of the proposed vacation; and WHEREAS, assuming the proposed vacation is approved, the preliminary and final plats are found to conform with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. 10-0,5 Resolution No. 88-173 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final plats of a Resubdivision of a Portion of Government Lot 4, a subdivision of the City of Iowa City, Iowa, are hereby approved contingent upon vacation of a portion of Water- front Drive adjacent to the applicant's tract and waiver of the requirement that sidewalk be installed along Waterfront Drive at this time. i 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are I hereby authorized and directed to execute any legal documents relating to said subdivision and to certify approval of this Resolu- tion, which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/subdivider shall record the legal documents and the final plat at the office of the County Recorder of Johnson County, Iowa before the issuance of any building i permit is authorized. ' It was moved byAmbrisco and seconded by Dickson the Resolution be adopte , an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 9th day of August 1988. /lstxK� #OR Approved as to Form i ATTEST: CITY CLERK LegaA Department I STAFF REPORT To: Planning & Zoning Commission Prepared by: Barry Beagle Item: S-8827. Government Lot 4, Date: July 21, 1988 Resubdivision GENERAL INFORMATION: Applicant: W.A. Gay & Company, Inc. 1421 Waterfront Drive Iowa City, Iowa 52240 Phone: 337-2167 Contact Person: Michael Gay Requested action: Preliminary and final sub- division plat approval. Purpose: To permit development of a three -lot commercial subdivi- sion. Location: At the northwest quadrant of the Stevens Drive/Waterfront Drive intersection. Size: 3.37 acres. Existing land use and zoning: Commercial/Industrial; CI -1. Surrounding land use and zoning: North - Commercial; CC -2 - South - Commercial; CI -1. East - Commercial; CC -2 and CI -1. West - Commercial; CC -2 and CI -1. Comprehensive Plan: Boundary between General Commercial and Intensive Commercial. Applicable regulations: Provisions of the Subdivision Regulations and Stormwater Management Ordinance. File date: June 29, 1988. Limitation periods: 45 -day: August 15, 1988. 60 -day: August 29, 1988. SPECIAL INFORMATION: Public utilities: Adequate municipal sewer and water services are available. Public services: Police and fire protection, /"7as including sanitation service, to be provided by the City. Transportation: Access to the site is available from Waterfront Drive and Stevens Drive. Physical characteristics: The site is relatively flat, draining generally to the west toward the Iowa River. BACKGROUND: The applicant is seeking preliminary and final plat approval of a 3.37 acre, three (3) lot commercial subdivision known as a Resubdivision of a Portion of Government Lot 4. Lot 1 is intended to accommodate the present location of Gay's Locker Company, including a parking area and a storm - water management holding basin. This 1.808 acre lot is currently the subject of a rezoning application from CI -1 to CC -2 (See Z-8809). A substantial portion of Gay's Locker Company building at 1421 Waterfront Drive was destroyed in a fire on May 10, 1988, and to reconstruct a new building, they are seeking CC -2 zoning. Lots 2 and 3, which are oriented onto Stevens Drive, are intended for commercial development and are presently zoned CI -1. ANALYSIS: Both the preliminary and final plats are in general compliance with the requirements of the Subdivision Regulations and Zoning ordinance. Access to each of the three (3) lots will be provided by frontage on either Waterfront Drive or Stevens Drive, existing two-lane paved local streets. Direct access onto either street is consistent with their function as local streets. Waterfront Drive currently exists as a 23 -foot paved section without curb and gutter. Stevens Drive is an urban standard street consisting of 28 -foot paving back-to-back of curb. Waterfront Drive and Stevens Drive form a "T-type" intersection at the southeast corner of the subdivision. Eastbound motorists on Stevens Drive are required to stop before entering into Waterfront Drive. The preliminary plat identifies a "Possible Future Intersection Geometry" by which the existing intersection would be replaced with a curve. It is anticipated that Southgate Avenue, to the south, will eventually be extended west to Gilbert Street. Should this occur, the City may have an interest in eliminating the Waterfront Drive railroad crossing and placing the burden of pass-through traffic on Southgate Avenue which is currently designed to accommodate such traffic flow. In addition to the intersec- tion improvement north of the tracks, Waterfront Drive would be cul-de- saced south of the tracks to provide local access to properties north of Southgate Avenue. An easement for future intersection improvements has been identified on the final plat to provide the additional right-of-way needed to facilitate the curve at the intersection of Waterfront Drive and Stevens Drive. In anticipation of this future intersection improvement, this area for the future intersection improvement should be dedicated with this subdivision request. The preliminary plat identifies existing and proposed right-of-way lines and assumes the vacation of the western eight (8) feet of the Waterfront /o70s� Drive right-of-way. Accompanying this request is an application to vacate this portion of Waterfront Drive, which the applicant claims is needed for the reconstruction of Gay's Locker Company building (See V-8804). Two (2) utilities are presently located in the western portion of the Waterfront Drive right-of-way; a four (4) inch intermediate pressure gas main and an underground telephone cable. A ten (10) foot front lot line utility easement has been identified along Waterfront Drive and Stevens Drive for the purpose of protecting existing and proposed utilities. The final plat has been drawn to indicate the proposed right-of-way location for Waterfront Drive. Approval of the preliminary and final plats is dependent upon the passage of the proposed vacation. The subdivision does not provide for the installation of sidewalks within the right-of-way along its frontages with Waterfront Drive and Stevens Drive. Given existing and projected residential development to the south, safe and convenient pedestrian access to this commercial area should be provided. The preliminary plat should reflect the extension of the sidewalk on the north side of Stevens Drive east to the intersection of Waterfront Drive. Placement of a sidewalk on Waterfront Drive, however, would be premature at this time. Associated with the construction of the new wastewater treatment plant, a sludge force main is to be constructed along either the east or west side of Waterfront Drive. A sidewalk may interfere with the future construction of this main. Waterfront Drive will eventually be improved, in which case the sidewalk should not be installed until the street grade is established. In addition, installa- tion of the sidewalk should be delayed until a sidewalk connection to the south is provided. The staff recommends, therefore, that the provision of a sidewalk along Waterfront Drive not be required at this time. In accordance with Section 33-56 of the Iowa City Code of Ordinances, compliance with the Stormwater Management Ordinance is required. A stormwater management holding basin and easement has been provided at the southwest corner of Lot 1. Construction plans and calculations have been submitted and are currently under review by the Public Works Department. The existing storm sewer on Stevens Drive is to be extended east to connect the storm sewer outlet pipe from the stormwater management basin to this existing line. The plats identified two (2) small and undevelopable outlots as a part of the subdivision. Outlot A is a remnant parcel located between Waterfront Drive and the Crandic Railroad tracks and is mostly covered by an uniden- tified 25 -foot easement. Outlot B, located along the western boundary of the subdivision, has been set aside for conveyance to the adjacent lot to the west. It is covered in part by a ten -foot storm sewer and drainage easement. Legal papers have been submitted and are currently under review by staff. STAFF RECOMMENDATION: Staff recommends the preliminary and final plats of a Resubdivision of a Portion of Government Lot 4 be deferred but that upon resolution of the deficiencies and discrepancies listed below, the plats be approved contingent upon the vacation of a portion of Waterfront Drive and with a waiver of the provision of sidewalks along Waterfront Drive at this time. /aos 4 DEFICIENCIES AND DISCREPANCIES: 1. Indicate water line on Stevens Drive is six (6) inches in diameter. 2. Continue ten -foot utility easement to the north lot line of Lot 1 on the preliminary plat. 3. Identify location of the underground telephone cable and pedestals on the preliminary plat. 4. Identify location of the four (4) inch sanitary sewer force main on the preliminary plat. 5. Identify the legal description of the stormwater management holding basin easement on both plats. 6. Identify four (4) inch diameter CID force main from lift station to 15 -inch sanitary sewer on Waterfront Drive. 7. Identify area of Outlot A on the preliminary plat. 8. Identify the type and use of the 25 -foot easement extending across Outlot A. 9. Identify dedication of additional right-of-way for future intersec- tion improvement as opposed to an easement. 10. Add the following note to the preliminary plat: "The size and location of all utilities shown on the plat are subject to change with submittal of final construction plans at the time of final platting." 11. Identify a typical street section on the preliminary plat, including sidewalks within the right-of-way along the subdivision's frontage on Stevens Drive. 12. Draw arrow to point of beginning on final plat. 13. Provide 15 -foot easement width for access to stormwater management holding basin. 14. Show existing fire hydrant on Stevens Drive between Lots 2 and 3. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. 3. Final Plat. Approved by: Donal Schmeiser, Director Department of Planning and Program Development 9 I LOCATION MAP S-8827 � 1 1 P1`i %fib „d..i /4- 06- 9 PIanning & Zoning Commission July 21, 1988 Page 5 Cook moved to approve the preliminary LSNRD plan for Iowa City Ready Mix, a 2.174 acre tract of land. Wallace seconded the motion. The motion carried 6-0. 4. S-8827. Discussion of a request submitted by W. A. Gay & Co., Inc., for approval of a 3.37 acre, 3 -lot commercial subdivision known as a Resubdivision of a Portion of Government Lot 4 (45 -day limitation period: August 15, 1988). Beagle reviewed the staff report dated July 21, 1988. Beagle noted that staff recommended approval of the preliminary and final plats of a 3 -lot commercial subdivision known as a Resubdivision of a Portion of Government Lot 4 contingent on the vacation of a portion of Waterfront right-of-way and the waiver of sidewalks along Waterfront Drive. Susan Horowitz, 1129 Kirkwood, stated that the Planning and Zoning Commission has previously stated a need and concern for installing sidewalks in this area and asked legal staff whether the installation of sidewalks could be made at a time definite. Boyle replied that the developer is waiving his right to object to an assessment at a future date when it will be appropriate to put sidewalks in this area, considering that if the sidewalks were put in now, that within two years they would have to be torn up for the installation of sewer lines associated with the new water pollution control plant. /aoS M Planning & Zoning Commission July 21, 1988 Page 6 Wallace moved to approve S-8827, a 3.37 acre, 3 -lot commercial subdivision subject to the waiving of sidewalk requirements along Waterfront Drive and the vacation of an 8 -foot portion of Waterfront Drive. Cooper seconded the motion. Wallace stated that she feels that the reason set forth in the staff report for the waiving of sidewalk requirements, while valid for this particular item, should not represent a City policy of not installing sidewalks. Wallace continued and said that sidewalks should be a top priority regardless of the number of pedestrians using a section of sidewalk. Wallace concluded by saying she will vote in favor of this item, but is very concerned about the provision of sidewalks in this area. Cook stated that he feels that this issue is an economic development one and that the business in question has been and will be providing a contribu- tion to the local economy and that this aspect is more important than the value of an eight foot portion of Waterfront Drive. Cook concluded by saying that he intends to vote in favor of this item. The motion carried 6-0. ZONING ITEMS: CZ -8814. Discussion of a request submitted by David Quade to rezone a 1.69 acre tract located one mile east of Iowa City from A-1 to RS. Beagle reviewed the staff report dated July 21, 1988. Beagle concluded by saying staff recommends approval of the proposed approval of CZ -8814. iaos 9 RESOLUTION NO. 88-174 RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF PROPERTY LOCATED AT 1807, 1809, 1813, 1819, 1825 AND 1831 LOWER MUSCATINE ROAD. WHEREAS, an application was submitted to rezone property at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8; and WHEREAS, the Department of Planning and Program Development, in a report dated May 19, 1988, recommended denial of the application; and WHEREAS, on June 16, 1988, the Planning and Zoning Commission recommended approval of the request by a vote of 4-2, having no public input in opposition to the request; and WHEREAS, the City Council has examined the report of the Department of Planning and Program Development and the Planning and Zoning Commission recommendation and has received public input in opposition to the request which supports the concerns raised in the staff report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The application to rezone property at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8 is disapproved for the following reasons: 1. Existing uses of the properties as single-family residential are consistent with the existing RS -5 zone. 2. No evidence was given to suggest that conditions exist which would prevent the continued use of the homes as single-family residential dwellings. 3. There is no compelling reason to change the existing zoning. 4. It is reasonable to maintain and preserve existing single family neighborhoods. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco -� Courtney -� Dickson -� Horowitz -� Larson -� McDonald -� Strait /,;,206 9 Resolution No. 88-174 Page 2 Passed and approved this 9th day of _ August , 1988. ?ORA -4 Approved as to Form ATTEST:_%�1e..aJ �f. 26;�..) %,- 6Vn C TY ULERK Legal Department /ao6 RESOLUTION NO. 88-17S RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE APPROVED PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLANS FOR LOT 1 AND LOT 6, BDI SECOND ADDITION. WHEREAS, the City Council approved preliminary LSNRD plans for Lot 1 and Lot 6, BDI Second Addition on May 20, 1986; and WHEREAS, the City Council is empowered to extend the expiration dates of said preliminary LSNRD plans upon written request of the applicant, pursuant to Chapter 27-39 of the Iowa City Municipal Code; and WHEREAS, said request has been received by the City; and WHEREAS, no new regulations pertinent to this development have been adopted since 1986 and circumstances in the area of the proposed develop- ment are unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA iCITY THAT: The expiration date for approval of the Large Scale Non -Residential Development plans for Lot 1 and Lot 6 of BDI Second Addition is hereby extended to May 20, 1989. It was moved by Dickson and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco —T' Courtney —1_ Dickson —� Horowitz —� Larson McDonald --� Strait Passed and approved this 9th day of August , 1988. i OR Approved as to Form ATTEST: 2h -..JyC • 76a-. CITY -CLERK Le 1 Department /a 07 a ___ _ r SHIVE-HATTERY ENGINEERS AND ARCHITECTS...,. Highway 1 & Interstate 80, P.O. Box 1050 Iowa City, Iowa 52244 (319)354-3040 July 29, 1988 Illinois Iowa Texas City of Iowa City ATTN: Mr. Steve Atkins City Manager 410 East Washington Street Iowa City, IA 52240 I RE: Extension of Approval for Preliminary LSNRD Plans; Lots 1 and 6 of BDI Second Addition - Iowa City Industrial Park Dear Mr. Atkins: 1 Preliminary LSNRD plans were approved for Lots 1, 3, and 6 of BDI, Second Addition, on May 20, 1986. Since that time development of Lot No. 3 has proceeded. No development has occurred on the other two lots, but a number of prospects have expressed interest. In accordance with Section 27-39 of the Iowa City Code, we are hereby I requesting that the City Council grant an extension of the approval period for the preliminary plan for the above referenced two lots from 24 months to 36 months (approval expiring May 20, 1989). At such time as either of the lots are developed, a final LSNRD plan will be submitted in accordance with applicable City Code requirements. Business Development Incorporated and Iowa City Area Development personnel feel i that the current procedure for approval of preliminary LSNRD plans, and i provisions for accelerated approval of a final LSNRD, have been positive features in discussions with prospective developers and facility owners. We appreciate your cooperation, and that of the City Council, on this request for time extension. Yours very truly, SHIVE-HATTERY ENGINEERS AND ARCHITECTS, inc. I 0R, (I� RoberteWitt, P. For: Business Development, Inc. RJD:ped Copy: Pat Cain Tom Scott Max Selzer Pat Grady Dave Elgin I CIVIL • MECHANICAL • ELECTRICAL • STRUCTURAL ARCHITECTURE • GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION • INDUSTRIAL I 7 I _ I .;. jfth CITYOFIOWA CITY August 10, 1988 Chairman Donald Sehr & Members of the Board of Supervisors . 913 S. Dubuque Street Iowa City, Iowa 52240 Dear Don and Members of the Board: Please consider the following comments in regard to a request submitted by Mr. David Quade to rezone a 1.69 acre tract, located approximately one mile east of Iowa City, from A-1 to RS. The tract is located in Area 5 of the Johnson County/Iowa City Fringe Area Policy Agreement. The develop- ment policy for Area 5 encourages agricultural uses on "prime" agricul- tural land to be continued. On July 21, 1988, the Iowa City Planning and Zoning Commission recommended to approve the proposed rezoning based upon factors that distinguish this site from other requests to rezone agricultural land in Area 5 for residential purposes. More specifically, these factors included that the proposed rezoning would not take agricultural land out of production; the site has not been used for agricultural purposes for at least 20 years; the site is located on the one -mile fringe of the eastern corporate limits of Iowa City in which non-farm development may be permitted; the proposed rezoning would not conflict with the use of surrounding agricultural land; and, the tract would not be economically viable for conversion to agricultural use. The City Council concurred with the recommendation of the Commission, and on August 9, 1988, recommended that the proposed rezoning be approved. I thank you for the opportunity to review this matter, and look forward to our continued cooperation. Sincerely, J n McDonald ayor bj/pc2 CIVIC CENTER 0 410 CAST WASHINGTON STRFUT • IOWA CITY, IOWA S::10 0 (119) 1S6•SOaoB City of Iowa city MEMORANDUM Date: July 13, 1988 To: Planning & Zoning Commission From: Barry Beagle, Associate Planner Re: CZ -8814. David Quade David Quade, contract purchaser, has filed application with Johnson County requesting that a 1.69 acre tract in Area Five of the Iowa City/Johnson County Fringe Area Policy Agreement be rezoned from A-1, Rural, to RS, Suburban Residential. The site is located approximately one (1) mile east of Iowa City at the southeast corner of Local Road (Rochester Avenue) and a gravel county road. (See Location Map.) The RS Zone permits the construction of a single-family dwelling on a one (1) acre lot exclusive of public right-of-way. This request has been forwarded to Iowa City for review and comment in accordance with Section II.A.3. of the Fringe Agreement and is to be evaluated in relation to its consistency with the development policies for this area. The Area 5 development policy encourages agricultural uses to be continued on land which is considered "prime" agricultural land. Non- farm development will be considered for existing zoning within one (1) mile of the eastern corporate limits of Iowa City and should develop in a manner consistent with the annexation policy for this area. Under current policy, annexation may be considered for properties within one (1) mile of Iowa City's corporate limits at such time city services can be provided. In 1967, George Donovan acquired the' one (1) acre site from the West Branch Community School District. Previously, the school district operated a one -room school house on the site which continues to occupy the site today. The site is located south of Local Road at the northwest corner of an approximate 80 -acre agricultural tract owned by the Donovan family. Mr. Quade requests RS zoning to use the site for his single- family residence. Excluding the right-of-way, the site is less than the one (1) acre minimum requirement of the RS zone. Mr. Quade has filed with the County a one -lot subdivision plat (copy attached) by which 0.69 acres will be transferred from Donovan's agricultural tract to the site. Approval of the plat will provide a one (1) acre lot exclusive of right- of-way that would permit the construction of a single-family residence. Since the subdivision proposal involves fewer than three (3) lots, Iowa City will not review and comment on it. Based upon the one -lot subdivision plat, Mr. Quade requests the entire 1.69 acre tract be rezoned to, RS. On the surface, the proposed rezoning is inconsistent with the agricultural policy for this portion of Area 5. Upon further inspection, however, circumstances associated with this tract may warrant special consideration. The site has not been used for agricultural purposes for in excess of 20 years, if at all. The site does not contain "prime" agricultural land which is encouraged to be retained by the Fringe Agreement. Because of the site's small size, existing building, tree 2 cover, and highly erodible soils, it is not attractive economically for conversion to agricultural land. This corner lot has long been recognized in the area as a non-agricultural tract, and its conversion to a single- family use would be appropriate. The site is located at the fringe of the one (1) mile area of Iowa City's corporate limits in which non-farm development may be permitted. In staff's view, these factors would distinguish this site from other requests to rezone agricultural land in Area 5 for residential purposes. Other factors were considered in evaluating the appropriateness of this request. Development of a single-family residence on this long recognized non-agricultural tract should not conflict with the use of surrounding agricultural land. Immediately to the west is a four (4) lot residential subdivision for which this request would be consistent. Development of a single-family residence will not require construction of a new road since direct access is available from Local Road or the intersecting gravel road. Given the fact that the proposed rezoning would not take agricultural land out of production; the site has not been used for agricultural purposes for at least 20 years; the site is located on the fringe of a one (1) mile area in which non-farm development may be appropriate; and would otherwise not be considered economically viable for conversion to agricultural use, staff recommends that the City Council forward a comment to the County advising that the request to rezone this 1.69 acre site from A-1 to RS be approved. Approved by: onald Schmeiser, Director Department of Planning and Program Development Attachments: 1. Location Map 2. One lot subdivision plat bj/pc2 / �Lo 77177 I u Fb,uroc BPawu,uy ..r + WW COflIFL[ ,NW IAl B•r7sM lu FILED St"AM.•IIL•I.RIU CONCGa,F Lf.Y.0 Y \.....u.0 NMN 4wE-NW Va•1C.8.2,429 IA,IM) JOhOlOn Co. (9WB � - S69- ZAS"E t4 Yyr cau OtA¢,Nb S IS, ;? ,'�, ufa.A•uce,wwva JUN ° U 1388 rxaWtauc.Neu. .����///z�\ �Ilbf jl SBYIo'41�L N89'Y 19'f 1r -"�� fir'•-ll�[///7JJJ'/� H; N W N COUHIY AU01101j ' 66 YY J�J TotAI A¢EA• I.b9 �C� w r '! LOT 1 =jaw aj�W R.OW. A2:EA• 0-61s ,� W .1N ZI ACRES m'O jgo` a1 zjt.4i N W S E : y W68•1622d'W 25e.2•l' o n to r, NO Ila Loo —=,,., .... \... a p cr•Pnlc x•b In rot IU IO,OPO - .1 • ytlj A CITY,< \. W7xc � nmwnru.., uunu . Lour,.w MAP WOT I certify that during the month of June, 1900, at the direction of Brad Zuber, of Hills Bank and Trust Co., a survey was made, undct my supervision, of the tract of land Platted hereon. I Beginning at the Northwest Corner of the Northwest Quarter of section 6, . Township 79 North, Range 5 West, of the Filth Principal Meridian; Thence S89.3244311E, (A Recorded Bearing) along the North Linc of said Northwest Quarter 284.68 feet, to It's Intersection with the Northerly ProjectJon of the Line of the Existing Fence; Thence SO1.30'5611W, sloop the Lina of the Existing Pence, and the Southerly Projection thereof, 259.77 feet; Thence NOB -52-24"W, 285.29 feet, to a Point on the West Line of said Northwest Quarter; Thence N01 -16'05"E, along said Went Line 256.43 feet, to the Point of Beginning. Said tract of land contains 1.69 acres, more or less. and In subject to easements and restrictions of record. I further certify that the Plat as shown in a correct representation of the survey and that all corners are marked as Indicated. Robert D. Mickelson Reg. No. 7036 Oat, Subscribed to and sworn before me this _day of 19 Notary Public, Sn and for the State of Iowa LAI APPflWTD Br, PL A I/PIAN APPROVEO Cllr •1 1•.. CII, aln.Pn County a•.rd ai Sup•rPl•Or•I .................... 1 r•••••••••••••••••••••• ................. ........................................ - --_ I,A InrIRSIW .1.1. �W.71,1• HItL3 BANK ANO'C -r CG. a.wA,wn.n., nt) ..nol,u wrl ra•r Iml MMS CONSULTANTS. - los. INC.) „nt. . V or TUE N wV wWI/4 act.. a• M mwA crtr • mwA . ••--.-tnu,a mtr jt•�9.N. R.t V S,aA.M..-SONN �N CO. IOWA S m•r>n•aN IL Ir I (,. w, "., ,,. .yQl, O -W 10.08 1"•100 Iia '7'71 0"1 M I NOTICE OF PUBLIC ffAING NOTICE OF RbLIC NEARING ON DISPOSITION OF VACATED RIOff-Of-VAY ADJACM TO "ACE MMN SMOOL. Notice is hereby given that the City Council of Iowa City adopted Resolution No. 8B-162 on July 26, 198B, declaring the City's intent to dispose of certain vacated right-of-way which was fmnarly part of Johnson and Fairchild Streets in Iowa City, Johnson County, Ioe, and which is legally dmlbd as follows: Commencing at the Scutfrsst corner of the South 60 feet of Lot 4, Block 30, Original Tann of Iowa City, Iowa, thence 8D feet along the South lire of said Lot 4 to the Southeast comer of said Lot 4, thence south 100 feet, thence West 80 feet, thence North 100 feet to the Place of Beginning. The City intends to dispose of said property by conveying its interest to William and Doris Pmxil for the sun of Seven Thousand Dollars ($7,000). A public hearing on said matter will be held by the City Council at its regular meting to be held at 7:30 p.m. on the 9th day of August, 1988, in the City Council Chambers in the Civic Center, 410 E. Washington Street, Toe City, Iowa, at which time and place all persons interested in said natter will be given an opportmity to be heard. FARIAN K. KW, CITY CLEFK 1'-w B RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL TO WILLIAM AND DORIS PREUCIL. WHEREAS, the City Council did, by Resolution No. 88-162, adopted on July 26, 1988, evidence its intent and proposal to dispose of certain vacated street right-of-way located in Iowa City, Johnson County, Iowa, described as follows: Commencing at the southwest corner of the south 60 feet of Lot 4, Block 30, O.T., Iowa City, Iowa, thence 80' along the south line of said Lot 4 to the southeast corner of said Lot 4, thence south 100', thence west 80', thence north 100' to the place of beginning; and WHEREAS, the City Council did authorize publication of notice of its proposal and intent to dispose of said property, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, in consideration of payment of $7,000 and its costs related to this transaction, the City Council deems the proposed sale and conveyance of the above-described vacated street right-of-way to be in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor and the City Clerk be and are hereby authorized, empowered and directed to execute and deliver a City Deed quit claiming the City's interest in the above-described vacated street right-of-way to William and Doris Preucil. AND BE IT FURTHER RESOLVED: That the City Deed attached hereto and made a part hereof is hereby approved as to form and content. AND BE IT FURTHER RESOLVED: That the City Attorney be and hereby is authorized, empowered and directed to deliver the said City Deed upon receipt of the purchase price and payment of the costs incurred by the City in publishing notice of the proposal and preparing appropriate documentation for the conveyance. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: /aa9 Resolution No. Page 2 AYES NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait Passed and approved this day of 1988. MAYOR Approved as to Form ATTEST: ki5 VIlrr CITY CLERK Legal Department CITY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, of the County of Johnson and the State of Iowa, by Its Mayor and City Clerk, does hereby release, remise, convey and quit claim unto William and Doris Preucil all of its rights, title and Interest in and to the following -described Premises located In the County of Johnson and State of Iowa; Commencing at the southwest corner of the south 60 feet of Lot 4, Block 30, O.T., Iowa City, Iowa, thence 80' along the south line of said Lot 4 to the southeast corner of said Lot 4, thence south 1001, thence west 80', thence north 100' to the place of beginning; and This deed is executed and delivered under and by virtue of the authority vested in the Mayor and City Clerk of Iowa City, Iowa, under the provisions of Resolution No. 88- duly passed and approved on the day of August, 1988. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused this Instru- ment to be executed on its behalf by Its Mayor, attested by the City Clerk, and Its seal to be affixed hereto this day of August, 1988. CITY OF IOWA CITY, IOWA: By: ayor ATTEST:. City Clerk NO TRANSFER TAX DUE - CODE SECTION 428A.2(6) STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of August, 1988, before me, the undersigned, a Notary PubTlCn ane for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation or: the within and foregoing Instru- ment to which this is attached; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of sold municipal corporation, by authority of Its City Council; and that the said John McDonald and Marian K. Karr as such officers ack- nowledged the execution of said Instrument to be the voluntary act and deed of said municipal corporation, by It and by them voluntarily executed. Notary Public in and for said state i 9 j 9 IN /ao9 0 9 5• C iC IN /ao9 0 9 of PRECEDING DOCUMENT hoe/ r J II) o v o � I Q Z 111 J � J W vl OL � u. N I NOTICE OF RELIC TEARING CN cm's 1NTFNf To DM INTO CIWPTER 28E ACREIMW WITH UNIVERSITY OF IG A PROVIDING FCR THE DEYELO NNT OF A INIVERSnY/CITY PAR(IM, CHILLED WATER, AND WATER STUME FACILITY, ND PROVIDIM FCR TIE CITY'S CONVEI'ANCE OF CERTAIN PROPERTIES AD PIOPM INTEliESTS TO 1)f IIUVHBIIY, TO MOM IT MAY CONCERN: You and each of you are hereby notified that the City Council of the City of Iowa City, Ias, has heretofore adopted and approved Resolution No. 88- 166 , declaring the City's intent to enter into a Chapter 2BE Agreement with the University of Iowa, pursuant to ►hick the University and the City will jointly develop and operate a parking facility, a facility for the generation of drilled water, and a facility for the storage of potable water, all to be located innediately adjacent to and in the sarre block where the City's Water Treatment Plant is located (Block 100, Original Tan) and pursuant to which the City will convey to the lhiaesity Main properties, and interests in property, to wit as follows: (1) fee title to a vacated 10' wide strip of Capital Street adjacent to the facility; (2) fee title to a 24.5' wide strip of vacated Bloomington Street on the north side thereof adjacent to the facility; (3) fee title to a 24.5' wide strip of vacated Blconirgten Street on the south side thereof adjacent to the Chemistry/Botany Building; (4) fee title to that portion of the East-West alley right-of-way in Block 100, Original Tan Addition, lying East of the West lire of Lots 2 and 3 in said block. (5) a temporary construction easement in a 20' wide strip of Capitol Street adjacent to the facility; (6) a towrary construction easerent in the City Water Treatmont Plant drive, located on Lots 6 and 7 in Block 100, Original Tan Addition, lying bebm the facility and the City Water Treatment Plant. (7) a 10' wide easemnt for University utilities in vacated Bloomington Street, at a location to be approved by the Public Works Director; (8) an easement for a 20' wide fire lane in vacated Bloondngton Street, at a location to be approved by the Public Works Director; and (9) an easarent for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Tan Addition, lying between the facility and the City Water Treatment Plant. 9 You are further notified that a pblic hating an said matter will be held by the City Council of the City of Iowa City, Iowa, at its regular meeting to be held at 7:30 p.m. on the 9th day of AAbt, ISM, in the City Council Chanbers in the Civic Center, 410 E. Washington St., Ias City, Iowa, at vhich time and place all persons interested in said matte' will be given an opportunity to be heard. WRIM K. KW, CITY CLEW, RESOLUTION NO. 88-176 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. WHEREAS, the City Council of the City of Iowa City has determined that the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, the Iowa State Board of Regents has determined that the Univer- sity of Iowa is in need of a parking garage and chilled water facility to service its North Campus, which facility is to be located upon University - owned property and City -owned street right-of-way in and adjacent to a block of property immediately adjacent to the City's Water Treatment Plant; and WHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University parking and chilled water facility and a City water storage facility as a single, combined use facility on the site proposed by the University; and WHEREAS, City and University staff members have negotiated and prepared an Agreement addressing the design, construction, ownership, and operation of such a facility, the allocation of design and construction costs therefore between the City and the University, the conveyance of certain temporary and permanent interests in property from the City to the University, and the conveyance of certain permanent interests in property from the University to the City; and WHEREAS, pursuant to said Agreement, the City will be required to convey to the University: 1. fee title to a vacated 10' wide strip of Capitol Street adjacent to the facility; 2. fee title to a 24.5' wide strip of vacated Bloomington Street on the north side thereof adjacent to the facility; fee title to a 24.5' wide strip of vacated Bloomington Street on the south side thereof adjacent to the Chemistry/Botany Building; fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the west line of Lots 2 and 3 in said block; a temporary construction easement in a 20' wide strip of Capitol Street adjacent to the facility; a temporary construction easement in the City Water Treatment Plant drive, located on Lots 6 and 1 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant; �2�1 Page 2 7. a 10' wide easement for University utilities in vacated Bloomington Street, at a location to be approved by the Public Works Director; 8. an easement for a 20' wide fire lane in vacated Bloomington Street, at a location to be approved by the Public Works Director; and 9. an easement for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant; and WHEREAS, this City Council did, pursuant to Resolution No. 88-166 passed and approved on July 26, 1988, declare its intent to enter into said Chapter 28E Agreement and to convey the properties and property interests identified hereinabove; and WHEREAS, after public hearing thereon pursuant to public notice, this City Council has determined that it would be in the best interests of the City of Iowa City to execute and enter into said Agreement. NOW, THEREFORE, BE AND 1T IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the "Chapter 28E Agreement Between The City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy, Management and Operation of a Parking Garage and Chilled Water Facility and a Water Storage Facility," attached hereto and made a part hereof, be and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby Chapterauthorized and 28E Agreement forrdirected ontbehalfute and of the City of IowapCity�,eIowsaid a It was moved by Strait and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald —7— Strait Passed and approved this 9th day of August 1988. OR p r v ja Form ATTEST: CIT CLERK Lega Department �2A\ The University of Iowa Iowa City. Iowa 52242 Vice President for Finance and University Services 101 Jessup Hall 319/335-3552 May 10, 1989 Terrence Timmins City Attorney Civic Center 410 E. Washington Street Iowa City, IA 52240 171 Re: 28E Agreement concerning the Chilled Water/Parking/ Water Storage Facility Dear Terry: I am enclosing a copy of the May 1, 1989 letter from the Secretary of State indicating that the above -referenced 28E Agreement has been filed with that office. I am also enclosing a copy of the agreement stamped "FILED" by Secretary of State on May 1, 1989. Enclosures Ftr alyMask ctual Advisor RECEIVED MAY 1 1 1989 LEGAL DEPARTMENT I,. j ,I ,I The University of Iowa Iowa City. Iowa 52242 Vice President for Finance and University Services 101 Jessup Hall 319/335-3552 May 10, 1989 Terrence Timmins City Attorney Civic Center 410 E. Washington Street Iowa City, IA 52240 171 Re: 28E Agreement concerning the Chilled Water/Parking/ Water Storage Facility Dear Terry: I am enclosing a copy of the May 1, 1989 letter from the Secretary of State indicating that the above -referenced 28E Agreement has been filed with that office. I am also enclosing a copy of the agreement stamped "FILED" by Secretary of State on May 1, 1989. Enclosures Ftr alyMask ctual Advisor RECEIVED MAY 1 1 1989 LEGAL DEPARTMENT I,. ELAISI: BASTIsP SKCRI.'TARY OF STAT4: tilt pf Ips N � qt l•tL ptJye jAAi pl SRORRTATZY 01-• ST,kTi STATY1,110 V :1: STATE. 011 IOtF•t Des .i03111 May 1, 1989 515-281.-5864 Marietta Brecht Secretary to Susan L. Mask Office of Vice -President 101 Jessup Hall THE UNIVERSITY OF IOWA Iowa City, Iowa 52292 RE: Agreement between the City of Iowa City and The University of Iowa Providing for the Development of a Parking Garage and Chilled Water Facility and a Water Storage Facility Dear Ms. Brecht: We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1989 Code of Iowa. You may consider the same filed as of May 1, 1989. � all� Elaine -Baxter Secretary of State EB/k1 Enclosures/Two file -stamped copies of Agreement I I i i j I I 'I I ELAISI: BASTIsP SKCRI.'TARY OF STAT4: tilt pf Ips N � qt l•tL ptJye jAAi pl SRORRTATZY 01-• ST,kTi STATY1,110 V :1: STATE. 011 IOtF•t Des .i03111 May 1, 1989 515-281.-5864 Marietta Brecht Secretary to Susan L. Mask Office of Vice -President 101 Jessup Hall THE UNIVERSITY OF IOWA Iowa City, Iowa 52292 RE: Agreement between the City of Iowa City and The University of Iowa Providing for the Development of a Parking Garage and Chilled Water Facility and a Water Storage Facility Dear Ms. Brecht: We have received the above described agreement(s) which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1989 Code of Iowa. You may consider the same filed as of May 1, 1989. � all� Elaine -Baxter Secretary of State EB/k1 Enclosures/Two file -stamped copies of Agreement CHAPTER 28E AGREEMENT Between the City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy, Management and Operation of a Parking Garage and Chilled Water Facility and a Water Storage Facility _ a Witnesseth:"' WHEREAS, the Iowa State Board .of. -Regents has determined that the ; University of Iowa is in need "of "'a parking garage and chilled water facility to service its North Campus, which facility is to be located -upon r- University -owned property and City -owned street right -of -way -`'Jin and immediately Water r� of property adjacent to the City_ s Treaacent tmenttPlantblaock nd G i WHEREAS, the City Council of the City of Iowa City has determined tha`i the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University parking and chilled water facility and a City water storage facility, which facilities will be constructed by the University under a single contract or set of contracts on the site proposed by the University; and WHEREAS, City and University staff members negotiated and prepared this Agreement addressing the design, construction, ownership, and operation of such facilities and the allocation of design and construction costs there- for between the City and the University. NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the State Board of Regents, acting on behalf of the University of Iowa (hereinafter "the University") do hereby agree as follows: Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa. 1. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise their respective powers to finance, develop, construct, own, operate and manage a public improvement, to -wit, facilities for the i parking of vehicles, the generation of chilled water for cooling buildings, and a nominal one million gallon storage tank for potable water supply, hereinafter referred to as "the facilities." 2. The Vice President for Finance and University Services of the University of Iowa or her designee shall be designated as the administrator for purposes of this Agreement as provided by Section 2BE.6 of the Code of Iowa, and the Vice President or her designee shall administer the contracts for the design and construction of the facilities. izt� The development and construction of the facilities shall be jointly financed by the City and the University as provided in Part 11 hereof, and the operation and management of the facility shall be jointly funded by them as provided in Part III hereof. 4. The facilities shall be constructed and located upon the property described in Exhibit A hereto which is property owned in part by the University and in part by the City of Iowa City, that the City -owned property involved shall be conveyed to the University of Iowa as provided in Part II hereof, subject to certain rights and interests reserved and granted to the City„of Iowa City as provided in Part II hereof. The parties further* 1gree ''that the City's water storage facility shall be constructed as part of the facilities on that portion of the property described in Exhibit A. Part II - Development and Construction of the Facilities. Contracts for the Design and Construction of the Facilities. The parties hereby agree that the University will contract for the design and construction of the facilities. The plans and specifica- tions incorporating the design of the facilities will be in substantial conformance with the preliminary conceptual design prepared by Herbert Lewis Kruse & Blunck Architecture, the University's project consultant and architect, as set forth in their feasibility study, dated February 24, 1988, which is incorporated herein by reference. City's Review and Approval of Plans and Contribution of its Share of Design Costs. The City shall have the right to review and approve that portion of the plans, specifications, form of contract, and estimate of costs having to do with the water storage facility, such determination of approval to be given within fifteen (15) days of submission of same. If the final design of the water storage facility as reflected in the plans and specifications is in substantial conformance with the preliminary conceptual design, or is otherwise acceptable to the City, and if the estimate of costs for construction of the City's water storage facility is in substantial conformance with the preliminary estimate of $550,000 developed in conjunction with the feasibility study, then in that event the City shall be required to approve same within ten (10) days from submission thereof to the City by the University. The estimate of costs shall separately identify the estimated cost to construct the University's chilled water facility and parking garage, and the City's water storage facility. The City shall pay its share of the design costs incurred by the University. The University shall, from time to time appropriate to the progress of the project, submit to the City itemized applications for payment and supporting documents substantiating the expenditure by the University, and the City shall promptly reimburse the University the portion of the University's costs which are attri- butable to the water storage facility. The City's share of costs for the design, construction bidding and negotiating, preparation of bid documents, and construction observation by the project consultant and 1211 kl architect for the water storage facility portion of the facilities shall not exceed $45,400.00. 3. University's Competitive Bid Process. The University agrees that, after it has approved the plans and specifications, form of contract, and estimate of costs pursuant to Chapter 262 of the Code of Iowa, it will secure a bid or bids for construction of the facilities. The University shall have sole responsibility for the competitive bid and contract award process, which process shall be conducted.,in conformance with Iowa State Board of Regents rules and procedures governing such matters. After bids are received and opened, the University shall furnish the City with a tabulation of all bids received. ; 4. University's Award of Construction Contract - City's Costs. The parties agree that the University will accept a bid or bids for construction of the facility and will take appropriate action on the bid or bids in accordance with the rules and procedures of the Iowa State Board of Regents. The parties hereby understand that the City has agreed to a maximum dollar commitment on the construction costs of $550,000, exclusive of any extra work orders pertaining to the water storage facilities. If the dollar value of the work pertaining to the water storage facility exceeds the City's maximum dollar conmitment,the City may review the bid and determine whether it desires to proceed with the construction. If it elects not to proceed with the construction project, the City may terminate this agreement as set forth in Section III, subsection 2 and will be liable to the University for the reasonable costs associated with the redesign and rebidding of the project to eliminate the water storage facility from the project. 5. City's Obligation to Contrihute its Share of Constructinn Cnctc and The City agrees that, upon the University's award of a contract or contracts for construction of the facilities, including the City's water storage facility, the City shall be obligated to contribute to the University a sum equal to the bid price of the construction bid accepted, multiplied by the City's construction cost share percen- tage, said sum to be paid in payments as provided in Section 6. The City further agrees that, upon the University's award of a contract or contracts for construction of the facilities, or for construction of the parking and chilled water facility only, the City shall be obligated to convey to the University the following interests in the following properties: (a) fee title to the East 10' of the West 20' of Capitol Street from the South line of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. 88- 3390 ; M 4 (b) fee title to the North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88-3390, lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; (c) fee title to the South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88-3390, lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment. plant property) and the West line of Capitol Street; (d) fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the West line of Lots 2 and 3 in said block; (e) a temporary construction easement in the East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88-3390, from the South line of Davenport Street to the North line of Bloomington Street; (f) a temporary construction easement in the City Water Treatment i Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; (g) a 10' wide easement for the installation and maintenance of University utilities in vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition; (h) an easement for a 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof; (i) an easement for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treat- ment Plant, reserving to the City an unrestricted right of access thereto; all as per Exhibits B, C, D, and E attached hereto and made a part hereof. The parties hereby agree that the location of the easements for the fire lane and for utilities within the vacated portion of Bloomington Street shall be subject to the approval of the City Public Works Director. With respect to the fire lane and utility easement conveyances in the vacated portion of Bloomington Street, it is agreed that the exact description of the properties to be conveyed will be determined at a later date. With respect to the fire lane easement in vacated Bloomington Street, the University agrees to construct a fire lane having a driveable i 5 surface of a width and utilizing materials approved by the Chief of the Iowa City Fire Department, and agrees to maintain said fire lane in an accessible condition for Fire Department apparatus. The University further agrees to surface and/or landscape the remainder of the vacated Bloomington Street right-of-way, and to maintain same in an appropriate condition. The University agrees to convey to the City, concurrently with the City's conveyances as indicated above, (a) utility easement for two existing water mains in vacated Davenport Street west of Capitol Street, (b) a utility easement between the water storage facility and the City Water Treatmenti' Plant for piping and necessary appurtenances; and (c) an easement for access to the water storage facility for operation, maintenance, and repair, all as per Exhibit F hereto. The University further agrees to take, and to cause its construction contractor to take, reasonable precaution during the construction of the facilities to protect and preserve the said water mains in vacated Davenport Street from disturbance or damage. 6. Calculation of Citv and Universitv Construction Cost Share The City's construction cost share percentage for the base contract i shall be calculated as follows: i Iowa City's construction cost share percentage = the estimated cost to construct the City's water storage facility the total estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part 11, paragraphs 2 and 3 above. The University's construction cost share shall be calculated as follows: University's construction cost share percentage = the estimated cost to construct the Combined Use Facility less [-] the estimated cost to construct the City's water storage facility the estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part 11, paragraphs 2 and 3 above. The University shall pay the full amount of each progress payment to the construction contractor, after review and approval thereof by the University. The City's contribution to the cost of construction shall be paid as follows: (a) Periodic progress payments: Each payment from the City shall be due and payable fifteen (15) days after receipt of the contractor's pay estimate from the University accompanied by a statement of charges and supporting documents substantiating the expenditures, as per paragraph 2, here and above. The progress payments will be based upon a schedule of values submitted by the contractor. The City will have an opportunity to review and �?—k 9 comment upon the contractor's schedule of values before it is approved by the University. (b) A final payment as per the final accounting pursuant to para- graph 11 hereinbelow. (c) Change order payments as per paragraph 8 hereinbelow. The City's project representative shall process all periodic progress payments on behalf of the City. 7. City's Project Representative " City's Right of Access to Construc- The City hereby designates its Public Works Director as its project representative to act on its behalf during the construction phase for purposes hereafter specified. The City's project representative, or his designee, shall be entitled to access to the construction site at all reasonable times to determine the progress of construction and its conformance with the plans and specifications, and to make inspections and tests for said purposes, provided, however, that nothing herein shall affect the right of the University or relieve the University of its obligation to administer the construction contract and to inspect the work as "owner" of the project under the construction contract, pursuant to paragraph 9 hereof. 8. Change Orders to Construction Contract - It is agreed by the University and the City that change orders affecting the construction of the facilities may arise and each party shall be responsible for paying its share of the increased costs as determined by the project consultant and architect, Herbert Lewis Kruse Blunck Architecture. All change orders to the construction contract, which materially affect the water storage tank or appurtenant piping or facilities, or which would increase the overall cost of the project to the City, shall be submitted to the City for approval or disapproval. The City shall approve or disapprove all such change orders submitted by the University in writing within seven (7) working days after their submission. If the City fails to respond within said seven (7) day period, the City shall be deemed to have approved the change order. As to any change order which results in additional cost to the project, the City shall be required to pay such additional cost if the change order pertains to the water storage tank or appurtenant piping or facilities; provided, however, if such change order pertains to the University's parking garage or chilled water facility, but is necessary to accommodate the construction of the City's water storage facility, the City shall be required to pay its share of the additional cost of such change order. If such change order pertains only to the University's parking or chilled water facility, the City shall not be required to contribute to the additional cost of such change order. Any costs associated with change orders for the City shall be paid in addition to payments made 110 V1 as per the base contract formula set forth in paragraph 6 herein- above. 9. City and University Obligations with Respect to Construction. The City shall obtain all necessary permits to construct and operate the water storage facility. The University shall, as "owner" under the construction contract, administer and manage the construction of the facilities according to Iowa State Board of Regents -Rules and Procedures. The City shall have access to all test-data'of construction materials and methods compiled by the University. The University agrees to make all such materials available to the City upon request. The University shall provide to the City after completion of construction of the facilities copies of "shop drawings" and "as - built" drawings for the water storage facility and its appurtenant wiring, piping and equipment and the City shall pay for any costs associated with the preparation of "as -built" drawings. The University or its contractor shall effectuate all relocations, alterations, adjustments or removal of utility facilities, including power, telephone lines, water mains and hydrants, curb boxes, storm and sanitary sewers, utility poles, steam lines, gas lines and all related installations and appurtenances, whether privately or publicly owned; shall effectuate the removal and replacement of all parking meters, traffic signs, pavement and sidewalk, and other facilities which are located within the limits of construction or which are otherwise affected by the construction of the project; and shall place and maintain traffic control devices, signing, pavement markings, barricading, and fencing around the site during construction. The City shall pay the University's costs for inspection and admini- stration of the construction of the water storage facility portion of the facilities. The University's costs for construction inspection of the water storage facility portion of the facilities shall not exceed the amount of $17,000. The City shall pay that amount to the University in installments to accompany each periodic progress payment. The amount of each such payment for cost of inspection shall be in the same proportion to the above amount as the periodic progress payment bears to the City's total share of the contracted construction cost for the project, with the final payment therefor to be computed and paid as provided in Part II, paragraph 11. The University's cost for administration of construction of the water storage facility portion of the facilities shall not exceed the amount of $3,000. The City shall pay that amount to the University within 30 days after final acceptance of the facilities by the City and the University as provided in Part II, paragraph 10. �Z�1 0 10. Inspection and Acceptance of the Facilities. Upon certification by the contractor that construction has been completed, City and University representatives shall inspect the facilities. Said representatives shall jointly prepare the "punch list" for final contractor action prior to formal acceptance. Upon determination by said representatives that construction of the facilities is complete and should be accepted, the University shall by formal action approve and accept the facilities as complete. 11. University's Finai Accounting Upon completion of the facilities, the University shall make a final accounting of all costs which it has incurred under the contract(s) for the construction of the facilities. Said accounting shall show (a) the total amount of all progress payments made to the contractor(s); (b) all periodic progress payments made by the City and by the University; (c) the total amount of construction inspec- tion costs paid by the City; and (d) the amount of construction inspection costs remaining unpaid. The University shall make a final accounting of all amounts due and owed by the City and shall submit it to the City. The City's final payment shall be due and payable within 30 days of the University's submission of the final accounting to the City. 12. Requirements of Law. The parties agree that the University shall, at its own cost and expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. The parties agree that the City shall, at its own cost and expense, promptly observe and comply with all present and future laws, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. Part III - Use Occupancy Management and Operation of the Facilities. 1. Grant of Right to Use and Occupy. In consideration of the City's conveyance of property for the facilities, its contribution to the cost of construction and its commitment to contribute to the ongoing costs of operation and maintenance of the facilities as hereafter provided, the University grants to the City the right to use and occupy the water storage facility portion of the facilities, as hereafter provided. The parties agree that the City shall have the exclusive right to use and occupy the water storage facility for storage of potable water. �2\\ 9 2. Premises and Term. The University hereby agrees that the City shall, during the term of this Agreement, have the right to use and occupy the water storage facility for the purposes hereafter provided. The City's right to use and occupy the water storage facility shall commence upon completion of the facilities by the University's contractor, as provided in Part II, paragraph 10 hereof. This Agreement and the City's right to use and occupy the premises shall terminate on Decemb.e�r: 31; 2038, and the City will vacate the premises; provided, however, if the City desires to extend its use of the facilities, the City shall give the University 180 days prior written notice of its interest in continuing use of the water storage facility, at which time the University and the City will negotiate a renewal term for the City's continued use of said facility, unless such renewal will impede or impair the University's use of its property. The City shall, upon 180 days prior written notice, have the right to abandon its use and occupancy of the water storage facility. 3. Possession and Use of Premises. The parties agree that the University's use of the premises will consist, initially, of parking for vehicles and the generation of chilled water for University buildings, that the City will use the water storage tank portion of the facilities for the storage of potable water, and that upon completion and acceptance of the facilities, the University shall be entitled to utilize the top surface of the water storage facility for University recreational uses. Upon establishing recreational usage of said top surface, the University shall assume the care, custody, and control of the top surface for said recreational purposes. 4. Operation and Maintenance. The University shall have responsibility for the proper and prudent operation and maintenance of the parking garage and chilled water facility, and for the grounds. The City shall have responsibility for the proper and prudent operation and maintenance of the water storage facility portion of the facilities, under all applicable laws, rules, and regulations. As to structures, appurtenances, and equipment which serve, support, or protect both the City's water storage facility and the University's parking garage and/or chilled water facility, the parties agree to share costs for the maintenance and repair thereof. Such costs shall be shared in the same proportion with each party's cost share percentage thereof computed as provided in Part I1, paragraph 6 above. I �LO 10 Part IV - General Provisions. 1. Dispute Resolution - Arbitration. The University and the City agree that any dispute arising between them in the application or interpretation of this Agreement may be submitted to arbitration on the request of either the University or the City. Any request for arbitration from one party to the other must be in writing. Upon receipt of a request for arbitration, the parties shall sign and acknowledge a written agreement specifying which demands are to be, submitted to the arbitrators, and the arbitration proceeding shall be limited to such demands. (a) If the parties agree, there may be one arbitrator; otherwise there ing by ach party shall chosen i bythesettwo arbito this trators. If they fail to select a third within fifteen days, then such arbitrator shall be chosen by the presiding officer of the state or county bar association nearest to the location of the work Should the party requesting arbitration fail to name an arbitrator within ten days of its demand, its right to arbitra- tion shall lapse. Should the other party fail to choose an arbitrator within the said ten days, then such presiding officer shall appoint such arbitrator. Should either party refuse or tion neglect to supply the arbitrators with rs the torsnyarn eempoweredor obyaboth demanded in writing, parties to proceed ex parte. (b) No one shall be qualified to act as an arbitrator for whom serving in such a role would create a conflict of interest. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. (c) If there be one arbitrator, the award shall be binding; if may be three, the award of any two shall. be binding impeached only for fraud or mistake. Such award shall be a condition precedent to any right of legal action. (d) The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they deem proper for the time, expense and trouble if the incident rtothe barbitration damand for delayrbitration was taken without le cause, (e) The costs of arbitration shall be shared equally by the parties. an sall (f) The not award open the to objectionrsonshall accountinofwriting formitofhthe proceeding or the award. 2. Declaration of Default and Notice- Remedies Upon Default. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the a\\ 11 aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30 -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including termination of this Agreement. 3. Effect of Termination or Abandonment. In the event that this Agreement is terminated as provided in Part IV, paragraph 2, or as provided in Part III, paragraph 2, or in the event the City abandons the water storage facility as provided in Part III, paragraph 2, then in those events the City's right to use and occupy the water storage facility shall cease, the City's utility easement between the water storage facility and the City Water Treatment Plant, as per Exhibit F, shall extinguish, and the University shall assume full responsibility for the operation and maintenance of that property and those facilities. 4. Liability and Insurance. The University agrees to assume responsibility for property losses and personal injuries arising out of its use of the facilities which are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "Tort Claims, and according to the procedures set forth therein. The City agrees to assume responsibility for property losses and personal injuries arising out of its use of the water storage facility which are incurred by reason of the negligence of the City or its agents or employees to the full extent permitted by Chapter 613A of the Code of Iowa, entitled "Tort Liability of Governmental Subdivisions," and according to the procedures set forth therein. The parties agree that the University shall maintain property insurance on the chilled water and parking garage facilities, as appropriate according to University policies and procedures. The University's property insurance does not and will not cover the City's water storage facility. The parties agree that the City shall maintain property insurance on the water storage facility, as appropriate according to City policies and procedures. The City's property insurance does not and will not cover the University's parking garage or chilled water generation facility. r - 12 5. Cations The captions of the various articles of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of this Agreement, nor in any way affect this Agreement. STATE OF IOWA SS: JOHNSON COUNTY THE CITY OF IOWA CITY, IOWA hn McDonald, Mayor AT ST: By: 24aAZJtiD 4 :Z� A A-) Marilan K. Karr, City Clerk On this 9th day of Aueust , 1988 , before me, Ramona Parrott , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in No. AR -17A passed (the Resolution adopted) by the City Councti� �O i{ on the orb day of ���,• 19 gg_, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 1 '7aRilar�-iLi I !� ota)ry Public in and for said County and State E 13 THE IOWA STATE BOARD OF REGENTS, acting for and on behalf of THE UNIVERSITY OF OWA By: i Exe utive Secr�ary ATTEST: STATE OF IOWA ) ) SS: COUNTY ) (Board of Regents acknowledgement) �Z�1 Acknowledgement of the Iowa State Board of Regents State of Iowa ss): County of Polk ) On this 16th day of FPh any , A.D., 1984, before me, a Notary Public in and for said county, personally appeared R. Wayne Richey,,,to me, personally known, who being by me duly sworn did say that he is Executive Secretary of the State Board of Regents and who was authorized to execute the foregoing instrument to which this acknowledgement is attached by vote of the Board of Regents at its meeting on September 15 1988 and acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa State Board of Regents. 140ary Public in and or said County and State 9 Exhibit A property Designation 1. The facilities are tQ bg constructed on Lots 1, 2, 3, 4 and the East-West alley right-of-way lying east of the west line of Lots 2 and 3 in Block 100, Original Town Addition, and the west 10' of Capitol Street from the south line of Davenport Street to the north line of Bloomington Street, all property belonging to the University of Iowa; and the east 10' of the west 20' of Capitol Street from the south line of Davenport Street to the north line of Bloomington Street, and the north 19' of Bloomington Street lying between the east line of the west 20' of Capitol Street and the west line of Lot 3, Block 100, Original Town Addition, to be conveyed to the University under this agreement. 2. The City's water storage facility lies in the southeast corner of the facility in an area lying south of a line 67' north of the southeast corner and east of a line 56' west of the southeast corner on levels 1, 2, 3 and 4 of the facility. 24 Exhibit B KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, in consideration of $1.00 and other good and valuable consideration in hand paid do hereby quit Claim unto The University of Iowa, all our right, title, interest, estate, claim and demand in the following -described real estate situated in Johnson County, Iowa, to -wit: 1. The West 20' of Capitol Street from the South line of Davenport Street to the North linevof:Bloomington Street, vacated pursuant to City Ordinance No. 88-3390; 2. The North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88-3390, lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; 3. The South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88-3390, lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment plant property) and the West line of Capitol Street; 4. That portion of the East-West alley right-of-way in Block IOD, Original Town Addition, lying East of the West line of Lots 2 and 3 in said block; all in Iowa City, Johnson County, Iowa. Dated this t5ng� day of January, 1989. GRANTOR CITY OF IOWA CITY, IOWA By: khnZMc—Donald, Mayor A ST: I Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .2S V` day of January, 1989, before me, Kathleen L. Walenta, a Notary Pub is in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; and that the instrument was signed and sealed on behalf of the corporation, by a&,,.irity of its City Council, as contained in Resolution No. 88-176 adotped by the City Council of Iowa City on the 9th day of August, 1988, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. tart' Public in and for said County and State EXHIBIT C COPY TEMPORARY CONSTRUCTION EASEMENT WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 2BE Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey temporary construction easements to the University to accommodate the University's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, an easement and right of entry and encroachment, for purposes of constructing the facilities described in the preamble hereof, over the following described real estate: 1. The East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88-3390, from the South line of Davenport Street to the North line of Bloomington Street; and 2. The City Water Treatment Plant drive, located on the east 17' of Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; all of said property located in Iowa City, Johnson County, Iowa. This grant conveys to the University of Iowa, its agents, employees, and contractors employed for the construction of said facilities, the right to enter and encroach upon the real estate described during the term of the easement for the purpose of constructing and installing the improvements or structures related to the facilities, and may include storage of equipment or materials on said real estate. The .temporary construction easement in and to the Water Treatment Plant drive hereinabove granted is subject to the City's continued right -of - access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Equipment or materials shall not be stored in said drive so as to interfere with such access. The term of the temporary construction easement will be for the period of time required by the Grantee to complete the construction of the facili� ties, but in no event shall the duration of the temporary easement extend beyond 30 days after the acceptance of said facilities by the University or Board of Regents. z d,. Dated this S day of _ 19 GRANTOR CITY OF IOWA CITY, IOWA By?ohn ald, Mayor ATTEST: By: / z:tr� , ri� 7( M Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of January, 1989, before me, Kathleen L. Walenta, a Notary Pu is in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 88-176 adopted by the City Council of Iowa City on the 9th day of August, 1988, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. tary Public in and for said county and State ■ u EXHIBIT D PyDEED AND CONVEYANCE OF UTILITY EASEMENT'{ WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required .pursuant to said Agreement to convey a utility easement to the University to accommodate the University's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, an easement described as follows: A 10' wide easement for the installation and maintenance of University utilities on vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition, said easement to be centered on a line described as follows: An East-West line running parallel to and located 29.5' South of the North line of vacated Bloomington Street from the West line of Capitol Street to the West line of Lot 3, Block 100 Original Town Addition. d+ Dated this a�S day of � 1979. GRANTOR CITY OF IOWA CITY, IOWA By. i/ice i ohn McDonald, Mayor ATTEST: By: //%ern n[% j�/ 7ld442 Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) oh On is v?s dof 19_�Lz, before me, a Notary Pudic in and for the State of I�bwa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 88-176 passed and adopted by the City Council of Iowa City, on the 9th day of August, 1988, and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. otary Public in and for said County and State I a E%HIBIT E O Ir=e U FIRE LANE EASEMENT UUU WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original, Town Addition in Iowa City, Johnson County, Iowa; and , • •• WHEREAS, the City is required pursuant to said Agreement to convey fire lane easements to the University to accommodate the University's use of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, easements for fire lanes to serve University buildings, as follows: 1. A 20' wide fire lane in vacated Bloomington Street, from the west line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof, said easement to be centered upon a line described as follows: An East-West line running parallel to and located 34.5' North of the South line of vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East. 2. A fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant, reserving to the City an unrestricted right of access thereto; The fire lane easement in and to the Water Treatment Plant drive hereinabove granted is subject to the City's continued right -of -access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Citi Dated this day of 19_L• GRANTOR CITY OF IOWA CITY, IIOWA By: Cui zOW n McDonald, Mayor ATTE T: By: ��i. ��r�) -A . 7� A-/ Marin K. Karr, City Clerk t EXHIBIT F DEED OF CONVEYANCE OF UTILITY EASEMENTS WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100,;Original• Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the University is required pursuant to said Agreement to convey easements to the City to accommodate the City's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the University of Iowa, Grantor herein, does hereby grant and convey unto the City of Iowa City, Iowa, as Grantee, utility easements upon and over the following described real estate: 1. A 20' wide easement for two existing water mains in vacated Bloomington Street between the West line of Capitol Street and 160' East of the East line of Madison Street, centered on a line described as follows: An East-West line running parallel to and located 30' North of the South line of vacated Davenport Street between the West line of Capitol Street and 160' East of the East line of Madison Street. 2. A 6' wide easement for water piping and appurtenances between the City Water Treatment Plant and the City water storage tank, said easement to be centered upon a line described as follows: An East-West line located 712" North of grid line 12 of the facility lying between the West wall of the Water Storage Facility (as described in Exhibit A, Paragraph 2) and the East line of the City water treatment drive. I3. An easement upon Lots 3 and 4, Block 100, Original Town Addition, for access to the City water storage facility and appurtenant piping and facilities located thereon, for purpose of operating, monitoring, maintaining, and repairing the said water storage facility and its appurtenances; all located in Iowa City, J hnson County, Iowa. Dated this T day of 19 GRANTOR j T7URSITY OF IOWABy:� By: Wayne Rie'ey z Golda Beals, Secretary Executive Secretary Executive Council of Iowa Iowa State Board of Regents ATTEST: J/�%��jj�� B : "O'�-C.uC�(LLC1 By: au J y I 9 Acknowledgement of the Iowa State Board of Regents STATE OF IOWA ) ) SS: COUNTY OF POLK ) On this 16th day of February A.O., 1989, before me, a Notary Public in and for said county, personally appeared R. Wayne Richey, to me personally known, who being by me duly sworn did say that he is Executive Secretary of the State Board of Regents and who was authorized to execute the foregoing instrument to which this acknowledgement is attached by.vote of the Board of Regents at its meeting on September 15 , 1989, and acknowledged the execution of said instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa State Board of Re �nts. i Not/ry Public in'and fop said County and State Acknowledgement of the Executive Council STATE OF IOWA COUNTY OF ) SS: On this �_ day of _ 1989, before me, a Notary Public, personally appearbd Golda Beals, Secretary of the Executive Council of Iowa, to me personally known and who by me duly sworn did say that she is the Secretary of the Executive Council, and who is authorized to execute the foregoing instrument to which this acknowledgement is at c y vote f. the Executive Council of Iowa at its meeting on 1989, and who acknowled d the executioR, of said instrument to her voluntary a and deed and a of ary act pfd' deed, o the Executive Council. Notary'Public in and for said County and State • KAROL L LARSEN t i YY M1 L 0S NF3. 1111..__.: EXHIBIT F ITEM I a a �- --� o I -, - - . CAPVTOL 2� �.. m UTILI7Y �OFEASEMENT-EMAIBITF-ITEM 1 30-0. i n J - W -Not—NORTH I X 0 Z w Z QW J > = Q 0 I I i i I �I i IJiADISON 12.11 .=\n13i7 F ITEM 2 11 (12J 2s' -o" 1 15'-l'Iz' CITY WATER STORAC-4E FACILITY EXHIBIT A -PAGE 2 m (-NORTH tOF EASE MEN? — ECHI131T F ITEM 2 i I� _o LO N01hNIWo0�9 10 ('J3.LV)VA)ldOdWPAK7 ADDENDUM NO. 1 to CHAPTER 28E AGREEMENT Between the City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy, Management and Operation of..a Parking Garage and Chilled Water Facility and a Water Storage Facility. Witnesseth: WHEREAS, the City of Iowa City and the University of Iowa, by and through the State Board of Regents, have heretofore entered into a Chapter 2SE agreement (hereinafter "Agreement") providing for the development, use, occupancy, management and operation of a University parking garage and chilled water facility and a City water storage facility; and WHEREAS, the State Board of Regents has received bids for the construction of the combined facility; and WHEREAS, the Agreement refers to costs of construction based on the architect's estimated costs prior to bid; and WHEREAS, the University's and the City's actual construction costs have now been determined; and WHEREAS, the City's construction costs, as reflected in the proposed contract awards, will exceed the architect's estimated costs; and WHEREAS, the parties hereby agree to a revision in their share of the construction costs, thereby requiring a modification to the Agreement as set forth below. NOW, THEREFORE, the City and the University agree as follows: 1. In Part II, section 6 - Calculation of City and Universior ty Construction Cost Share Percentages - Payment Schedule fCity's Share of Construction Costs, the first and second paragraphs are hereby deleted and the following paragraphs are substituted in lieu thereof: The City's construction cost share for the base contracts (construction and shoring) shall be as follows: 2 Based on the proposed contract awards, the City's share of construction costs is $571,000, exclusive of any extra work orders pertaining to the water storage facility. The University's construction cost share for the base contracts (construction and shoring) shall be as follows: The University's construction cost share for the base contracts shall be the remaining construction costs based on the proposed contract awards. 2. The last sentence of Part II, section 8, Change ..r ..yr.q - .... following two sentences are substituted in lieu thereof: Any costs associated with change orders for the City shall be paid in addition to payments made as per the base contracts as set forth in paragraph 6 hereinabove. The City has committed $28,500 for the payment of change orders. IN WITNESS WHEREOF, the undersigned have caused this Addendum No. 1 to be executed as of the _ day of 1988. THE TY F IOWA CITY, IOWA By: ohn McDonald, Mayor Attest By:_L JG( Marian K. Karr, City Clerk STATE OF REGENTS By: 70 W y e4Wey Executive S,6cretary Attest: Win/ A By: l 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 9Rth day of CPntpmbpr 19 88 before me, n pii , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in COrAi+nenoeJ (Resolution) No. 88-201 passed (the Resolution adopted) by the City Council, under Roll Call No. _____ of the City Council on the 20th day of September19 88 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA COUNTY L Notary Public in and for said County and State SS: THE IOWA STATE BOARD OF REGENTS acting for and on behalf of THE UNIVERSITY OF IOWA / By: /1� ✓Lc/!� Execut' e Secretary 7 ATTEST: By: (Board of Regents acknowledgement) 211 a Acknowledgement of the Iowa State Board of Regents State of Iowa ss): county of Polk 1 On this 16th day of Fahr a a Notary Public in and for sai A.D., 1988, before me, d county, Personallyknown, who appeared R. Wayne Richey, to me personally being by me duly sworn did say that he is Executive Secretary of the state Board of Regents and who was authorized to execute the.foregoing instrument to which this acknowledgement is`attached by vote of the Booard1 1988aof Regents at its meeting on Cp�taa acknowledged the execution of sal instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa State Board of Regents. -7 !' ' `d2 Np'tary Public in and^y'Fo'rsaid County and State W CHAPTER 28E AGREEMENT Between the City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy, Management and Operation of a Parking Garage and Chilled Water Facility and a Water Storage Facility Witnesseth: WHEREAS, the Iowa State Board of Regents has det�pfmined that the University of Iowa is in need of a parking garage and chilled water facility to service its North Campus,which facility ' to be located upon University-owne property and City -owned street right-of-way in and adjacent to a bl ck of property immediately adja ent to the City's Water Treatment Plant; aid WHEREAS, the City Cou cil of the City of Iowa ity has determined that the City is in need of a itional storage cap city for potable water in the vicinity of its Water Tr atment Plant at 3 North Madison Street; and WHEREAS, City and Universi staff mem rs did engage in an engineering study which demonstrated he feasi ility of developing a University parking and chilled water fac lity d a City water storage facility, which facilities will be co str cted by the University under a single contract or set of contracts on site proposed by the University; and WHEREAS, City and University s aff embers negotiated and prepared this Agreement addressing the desi , con ruction, ownership, and operation of ' such facilities and the allo tion of sign and construction costs there- for between the City and th University. NOW, THEREFORE, the City of Iowa City ( reinafter "the City") and the State Board of Regents acting on behal of the University of Iowa (hereinafter "the Univ sity") do her ogre as follows: 1. Pursuant to hapter 28E of the 1987 Code o�Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise th it respective powers to finance, develop, construct, own, operate an manage a public improvement, to -wit, facilities for the parking f vehicles, the generation of chilled water for cooling building , and a nominal one million gallon storage tank for potable water s pply, hereinafter referred to as "the facilities." 2. The ice President for Finance and University Services of the Univ rsity of Iowa or her designee shall be designated as the administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, and the Vice President or her designee shall administer the contracts for the design and construction of the facilities. /ail The development and construction of the facilities shall be jointly financed by the City and the University as provided in Part II hereof, and the operation and management of the facility shall be jointly funded by them as provided in Part III hereof. 4. The facilities shall be constructed and located upon the property described in Exhibit A hereto which is property owned in part by the University and in part by the City of Iowa City, that the City -owned property involved shall be conveyed to the University of Iowa as provided in Part II hereof, subject to certain rights and interests reserved and granted to the City of Iowa City as provided in Part II hereof. The` arties further agree that the City's water storage facility sha be constructed as part of the facilities on that portion of the roperty described in Exhibit A. The parties hereby agree that the Upiversity will contract for the design and construction of the facilities. The plans and specifica- tions incorporating the design ,of the facilities will be in substantial conformance with �he preliminary conceptual design prepared by Herbert Lewis Kruse & Blunck Architecture, the University's project consultan and architect, as set forth in their feasibility study, dated Feb ru ry 24, 1988, which is incorporated herein by reference. 2. City's Review and Approval/of Plans and Contribution of The City shall have the fight to review and approve that portion of the plans, specificati ns, form of contract, and estimate of costs having to do with the Aater storage facility, such determination of approval to be given within fifteen (15) days of submission of same. If the final design plans and specifi preliminary co City, and if water storage preliminary es feasibility st approve same w by the Univer the estimate facility and p the f the water storage facility as reflected in the ations is in substantial conformance with the al design, or is otherwise acceptable to the estimate of costs for construction of the City's ility is in substantial conformance with the e of $550,000 developed in conjunction with the then in that event the City shall be required to ten (10) days from submission thereof to the City ty. The estimate of costs shall separately identify cost to construct the University's chilled water rking garage, and the City's water storage facility. The City OalI pay its share of the design costs incurred by the University The University shall, from time to time appropriate to the progr s of the project, submit to the City itemized applications for payme t and supporting documents substantiating the expenditure by the University, and the City shall promptly reimburse the University the portion of the University's costs which are attri- butable to the water storage facility. The City's share of costs for the design, construction bidding and negotiating, preparation of bid documents, and construction observation by the project consultant and architect for the water storage facility portion of the facilities shall not exceed $45,400.00. 3. University's Competitive Bid Process. The University agrees that, after it has approved the plans and specifications, form of contract, and estimate of costs pursuant to Chapter 262 of the Code of Iowa, it will secure a bid or bids for construction of the facilities. The University shall have sole im onsibi'7�'ty for the competitive bid and contract award process, ch proce shall be conducted in conformance with Iowa State Board Regents r les and procedures governing such matters. After bids received a d opened, the University shallfurnish the City with a ulation of a 1 bids received. 4. versit 's Awa of Construction Contract:= Cit 's Costs. parties agree that the University will accept a bid or bids for struction of the facility and will take appropriate action on the or bids in ac rdance with the rules and procedures of the Iowa te Board of Regen . The parties hereby understand that the City agreed to a max um dollar commitment on the construction costs $550,000, exclusiv of any extra work orders pertaining to the er storage facilitie / the dollar value o the rtrk pertaining to the water storage ility exceeds the City majimum dollar commitment,the City may iew the bid and determi a whether it desires to proceed with the struction. If it elects o't to proceed with the construction ject, the City may ter 'nate this agreement as set forth in tion III, subsection 2 and' 'll be liable to the University for reasonable costs associate with the redesign and rebidding of e project to eliminate the wat storage facility from the project. 5. City's Obligation to Contribute it Share of Construction Costs and to Convey Property and Easement to the University University s The City agreesthat, upon the Univer ity's award of a contract or contracts for construction of the fac lities, including the City's water storage facility' the City shall b obligated to contribute to the University a sum jequal to the bid p ice of the construction bid accepted, multiplied /by the City's const uction cost share percen- tage, said sum to be paid in payments as pr\fa Section 6. The City ,further agrees that, upon thsity's award of a contract or contracts for construction ocilities, or for construction of the parking and chilled waty only, the City shall be obligate to convey to the y the fallowing interestslin the f llowing properties: (a) fee title to fhe East 10' of the West 20' of Capitol Street from the South 1 n of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. 88- 4 (b) fee title to the North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; (c) fee title to the South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 8B- lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment plant property) nd the West line of Capitol Street; (d) fee 'tle to that portion of the East -W st alley right-of-way in Block 0, Original Town Addition, lyi g East of the West line of Lots and 3 in said block; (e) a temporar construction easement in the East 20' of the West 40' of Capit Street, lying imme ate East of that portion of Capitol Stree vacated pursua to Ordinance No. 88- , from the South 1 e of Davenpo Street to the North line of Bloomington Street, (f) a temporary construc 'on ea ement in the City Water Treatment Plant drive, located on of 6 and 7 in Block 100, Original Town Addition, reserving to t City an unrestricted right of access thereto; (g) a 10' wide easement for the installation and maintenance of University utilities n vac ed Bloomington Street, from the West line of Capitol treet to the West line of Lot 3, Black 100, Original Town Ad ition; (h) an easement for 20' wide fir lane in vacated Bloomington Street, from the We t line of Lot 3, Block 100, Original Town Addition to a poi t 140' East thereo (i) an easement for fire lane in the Ci y Water Treatment Plant drive, located o Lots 6 and 7 in Bio k 100, Original Town Addition, lying between the facility and the City Water Treat- ment Plant, res rving to the City an unrestricted right of access thereto- all as per Exhibi s B, C, D, E and F attached herei and made a part hereof. \ The parties hereb agree that the location of the easements for the fire lane and f r the chilled water lines within the each ed portion of Bloomington S reet shall be subject to the approval o the City Public Works D'rector. With respect to the fire lane an utility easement convey nces in the vacated portion of Bloomington Str et, it is agreed that he exact description of the properties to be co eyed will be determined at a later date. With respect t the fire lane easement in vacated Bloomington Street the University agrees to construct a fire lane having a driveable IAII surface of a width and utilizing materials approved by the Chief of the Iowa City Fire Department, and agrees to maintain said fire lane in an accessible condition for Fire Department apparatus. The University further agrees to surface and/or landscape the remainder of the vacated Bloomington Street right-of-way, and to maintain same in an appropriate condition. The University agrees to convey to the City, conc/easent �ly with the City's conveyances as indicated above, (a) utility for two existing water mains in vacated Davenport Street of Capitol Street, (b) a utility easement between the water stafacility and the City ater Treatment Plant for pipid necessary appurtenances; and (c) an easement for access to the water storage facility for o eration, maintenance, and repair, a l as per Exhibit F hereto. The University further agrees to take,/ and to cause its construction contractor to take, reasonable/precaution during the construction of the facilities to protect and/preserve the said water mains in vacated Davenport Street from distyr�bance or damage. 6. Calculation of CitV and cL___ The City's construction cost share perEentage for the base contract shall be calculated as fall' ws: Iowa City's constructio cost/ share percentage = the estimated cost to construct the Cit Is storage facility = the total estimated cost to const Jct the facilities, all as per the project consultant's esti a approved as provided in Part II, paragraphs 2 and 3 above. The University's construc on cc t share shall be calculated as follows: University's constr tion cost sh a percentage = the estimated cost to construc the Combined Use Facility less [-] the estimated cost to onstruct the Cit 's water storage facility the estimated co t to construct th facilities, all as per the project consulta is estimate approved as provided in Part I1, paragraphs 2 an 3 above. The University sh 1 pay the full amount of ch progress payment to the construction �ntractor, after review and pproval thereof by the University. \ The City's con ribution to the cost of construction shall be paid as follows: \ (a) PeriodiV progress payments: Each payment from the City shall be duearl4 payable fifteen (15) days after receipt of the contra tor's pay estimate from the University accompanied by a statlent of charges and supporting documents substantiating the expeitures, as per paragraph 2, here and above. The progress payments will be based upon a schedule of values submitted by the contractor. The City will have an opportunity to review and 7. comment upon the contractor's schedule of values before it is approved by the University. (b) A final payment as per the final accounting pursuant to para- graph 12 hereinbelow. (c) Change order payments as per paragraph 8 hereinbelow. The City's project representative shall process all periodic progress payments on tehalf of the City. The City hereby designates its Public Works Director as its project representative toact on its behalf during the construction phase for purposes hereafteX specified. The City s project representative, or his designee, shall`.be entitled to access to the construction site at all reasonable times to determine the' progress of construction and its conformance with the plans and specifications, and to make inspections and tests for said purposes, provided, however, that nothing herein shall affect the right of the University or relieve the University of its, obligat7'on to administer the construction contract and to inspect the work as "owner" of the project under the construction contract, puApantzto paragraph 9 hereof. It is agreed by the Universit and the City that change orders affecting the constructi n of th facilities may arise and each party shall be responsible for paying 1 share of the increased costs as determined by the p oject cons nant and architect, Herbert Lewis Kruse Blunck Architecpre. All change orders 6 the constructIgn contract, which materially affect the water s 'rage tank or appurtenant piping or facilities, or which would incre� a the overall cost \Of the project to the City, shall be submitt to the City for appro al or disapproval. The City shall approve or disapprove all such chAge orders submitted by the University in writing within seven (7). working days after their submission. I the City fails to respond within said seven (7) day period, the Oity shall be deemed to have adproved the change order. As to any ch nge order which results in Additional cost to the project, th City shall be required to pay s ch additional cost if the change order pertains to the water storag tank or appurtenant piping or facilities; provided, however, if such change order pertains to the University's parking garage or chilled water facility but is necessary to accommodate the nstruction of the City's ter storage facility, the City shall be re ired to pay its share the additional cost of such change order. If such change order pertains only to the University's parking or chilled water facility, the City shall not be required to contribute to the additional cost of such change order. Any costs associated with change orders for the City shall be paid in addition to payments made AA// 7 as per the base contract formula set forth in paragraph 6 herein- above. 9. City and University Obligations with Respect to Construction. The City shall obtain all necessary permits to construct and operate the water storage facility. i The University s all, as "owner" under the constru lion contract, administer and anage the construction of the facilit es according to Iowa State Boar of Regents Rules and Procedures. The City shall have access to all test -data of construction materials and methods compiled by the niversity. The University agrees to make all such materials availab a to the City upon request. / The University shill provide to the City after completion of construction of the facilities copies of /"shop drawings" and "as - built" drawings for the water storage /facility and its appurtenant wiring, piping and equipment and the City shall pay for any costs associated with the preparation of "asAuilt" drawings. The University or its \Contractor shall effectuate all relocations, alterations, adjustments oC removaY of utility facilities, including power, telephone lines, water mains and hydrants, curb boxes, storm and sanitary sewers, util W p les, steam lines, gas lines and all related installations and\�purtenances, whether privately or publicly owned; shall effectu to the removal and replacement of all parking meters, traffic sig s, pavement and sidewalk, and other facilities which are locate wi hi the limits of construction or which are otherwise affec c! by the construction of the project; and shall place and maintaintraffic control devices, signing, pavement markings, barricading, andncing around the site during construction. / The City shall pay the University's kosts for inspection and admini- stration of the construction of the Ater storage facility portion of the facilities. / The University's costs for construct on inspection of the water storage facility portion of the facilities shall not exceed the amount of $17,000. The City shall pay thlt amount to the University in installments to accompany each periodic progress payment. The amount of each such payment for cost of inspection shall be in the same proportion to the above amount as theInracted eriodic progress payment bears to the City's total share of the coconstruction cost for the project, with the final payment trefor to be computed and paid as provided in Part II, paragraphs 12 and,13. The University's cost for administration of coAtruction of the water storage facility portion of the facilities \Shall not exceed the amount f$3,000. The City shall pay that amount to the University within 30 days after final acceptance of the facilities by the City and t University as provided in Part II, paragraph 10. /a // E 10. Inspection and Acceptance of the Facilities. 11. Upon certification by the contractor that construction has been completed, City and University representatives shall inspect the facilities. Said representatives shall jointly prepare the "punch list" for final contractor action prior to formal acceptance. Upon determination by said representatives that construction of the facilities is complete and should be accepted, the University shall by formal action app rdve and accept the facilities as complete. Upon completion of Oe facilities, the University shall make a final accounting of all cos4 which it has incurred under the contract(s) for the construction 4f the facilities Said accounting shall show (a) the total amount of all progress payments made to the contractor(s); (b) all periodic progress payments made by the City and by the University; (c the total' amount of construction inspec- tion costs paid by the\ City; ind (d) the amount of construction inspection costs remaining 1{npaid./ The University shall make a f'nai accounting of all amounts due and owned by the City and shall su (nit it to the City. The City's final payment sh 11 be due and payable within 30 days of the University's submission of the final accounting to the City. 12. Requirements of Law. The parties agree that t e University shall, at its own cost and expense, promptly obs rve and comply with all present and future laws, ordinances, r quirements, orders, directions, rules and regulations of all g vernmental authoH ties having jurisdiction over it with respect to /the design and co struction of the facilities. The parties agree that the City shal at its own cost and expense, promptly observe rind comply with all present and future laws, requirements, ordigrs, directions, rulds and regulations of all governmental auth ities having jurisdiction over it with respect to the design and cofistruction of the facilities. 1. In considers ion of the City's conveyance \Of property for the facilities, i s contribution to the cost of onstruction and its commitment Yo contribute to the ongoing costs of operation and maintenance Pf the facilities as hereafter provided, the University grants to Oe City the right to use and occupy the water storage facility po tion of the facilities, as hereafter provided. The parties agr a that the City shall have the exclusive right to use and occupy the water storage facility for storage of potable water. , 2. Premises and Term. 3. If The University hereby agrees that the City shall, during the term of this Agreement, have the right to use and occupy the water storage facility for the purposes hereafter provided. The City's right to use and occupy the water storage facility shall commence upon completion of the facilities by the University's contractor, as provided in Part II, paragraph 10 hereof. This Agreementand the City's right to use and occupy the premises shall terminat on December 31, 2038, and the C'ty will vacated the Premises; provi ed, however, if the City desire to extend its use of the facilities, the City shall give the Univ rsity 180 days prior written notice o its interest in continuing u e of the water storage facility, at which,time the University and t City will negotiate a renewal term for the City's continued us of said facility, unless such renewal will impede or impair the University's use of its property. The City shall,upon 180 days prior wr'-iten notice, have the right to abandon its use and occupancy of the )4 ter storage facility. The parties agree that the �Vniv rsity's use of the premises will consist, initially, of pa kI g for vehicles and the generation of chilled water for University k uildings, that the City will use the water storage tank portio \of the facilities for the storage of potable water, and that pori completion and acceptance of the facilities, the Universi y shall be entitled to utilize the top surface of the water sto age facility for University recreational uses. Upon establishing recreational usage of said top surface, the University shall assn 4 the care,�custody, and control of the top surface for said recreeftional purpose`s. 4. Operation and MainterSance. The University sh 11 have responsibi\ far the proper and prudent operation and mai tenance of the parking garage and chilled water facility, and for the grounds. The City sha � have responsibility for the proper and prudent operation andnaintenance of the water stor Pe facility portion of the faciliti?s, under all applicable laws, rules, and regulations. As to stru tures, appurtenances, and equipment ich serve, support, or protec both the City's water storage facility and the Universit 's parking garage and/or chilled wa er facility, the parties gree to share costs for the maintenance a d repair thereof. Such c is shall be shared in the same proportion it each party's cost share percentage thereof computed as provid d in Part II, paragraph 6 above. /a// 10 Part IV - General Provisions. 1. Dispute Resolution - Arbitration. Pal The University and the City agree that any dispute arising between them in the application or interpretation of this Agreement may be submitted to arbitration on the request of either the University or the City. Any request for arbitration from one party to the other must be in writing. Upon receipt of a request for arbitration, the parties shall sign and acknowledge a written agreement specifying which demands are to be submitted to the arbitr tors, and the arbitration proceeng shall be limited to such demand (a) If the partieA agree, there may be one arbirator; otherwise there shall b three, one named in writing by each part to this Contract and thk third chosen by these two arbitrators. If they fail to sl:lect a third within fifteen days, then such arbitrator shall Be chosen by the presiding officer of the state or county bar association nearest to/the location of the work Should the party\ requesting arbitration fail to name an arbitrator within ten days of its demand, its right to arbitra- tion shall lapse.\ Should the other party fail to choose an arbitrator within the said ten days, then such presiding officer shall appoint such ar itrator/ Should either party refuse or neglect to supply the a bitrators with any papers or information demanded in writing,he/arbitrators are empowered by both parties to proceed ex pa te. (b) No one shall be qualifie ' to act as an arbitrator for whom serving in such a rdle would create a conflict of interest. Each arbitrator selected s 11 be qualified by experience and knowledge of the work invo1 ed in the matter to be submitted to arbitration. \ (c) If there be one } bitrator, t e award shall be binding; if three, the award of any two shall be binding and may be impeached only f r fraud or mistake. Such award shall be a condition prece ent to any right�of legal action. (d) The arbitrators, if they deem authorized t award to the party such sums s they deem proper for incident t the arbitration and, without r asonable cause, damages (e) The cost, of arbitration shall be that the case demands it, are hose contention is sustained he time, expense and trouble D%the arbitration was taken , delay. equally by the parties. (f) The a#rd of the arbitrators shall bin writing and it shall not a open to objection on accoun . of the form of the proc eding or the award. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the h// 11 aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30 -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all` lawful remedies, including terminati�,of-this Agreement. 3. Effect of Terminati6 In the event that thi IV, paragraph 2, or event the City abando Part III, paragraph 2 and occupy the water s easement between the i Treatment Plant, as University shall asst Agreement is terminated is provided in Part s provided in Part III, paragraph 2, or in the the water storage facility as provided in then in those event /the City's right to use or ge facility shalease, the City's utility wa er storage facility and the City Water per Exhibit F, /shall extinguish, and the me ull responsibility for the operation and maintenance of that property 4. Liability and Insurance. facilities. The University agrees to assug\proce onsibility for property losses and personal injuries arising/oits use of the facilities which are incurred by reason of the ence of the University or its agents or employees to the/fulent permitted by Chapter 25A of the Code of Iowa, entitle "Tlaims," and according to the procedures set forth then i(n. The City agrees to ssume ribility for property losses and personal injuries arising out s use of the water storage facility which are incurred by of the negligence of the City or its agents or empj/oyees to textent permitted by Chapter 613A of the Code of Iowa, entT rt Liability of Governmental Subdivisions," and/according to ce ures set forth therein. The parties ag ee that the University shall maintain property insurance on p e chilled water and par ing..garage facilities, as appropriate ac ording to University policie and procedures. The University's roperty insurance does not and will not cover the City's water torage facility, and the City shall be responsible for all such los es to the water storage facility. The partie agree that the City shall maintain property insurance on the water storage facility, as appropriate according to City policies and proc dures. The City's property insurance does not and will not cover We University's parking garage or chilled water generation facility, and the University shall be responsible for all such losses to the parking garage and chilled water generation facility. Captions. lo The captions of the varije s articles of t is Agreement are inserted only as a matter ofonvenience and fpr reference and in no way define, limit, or descri the scope or inTentofthis Agreement, nor in any way affect this Aeement. /air EXHIBIT A PROPERTY DESCRIPTIONS 1. Description of property (City and University) upon which the Combined Use Facility is to be constructed. (Descri tion to be rovided) I 2. Description of property within the Combined Use Facility where the City's water storage faci ity will be located. i (Descriptio to be provided) i NITICE Of R13LIC WARM CN INTENT TO DISPOSE Of POWER LINE EASEMENT 7D WIN IT MY CCNAM: You and each of you are hereby notified that the City Council of the City of Iowa City, Iowa, has heretofore adopted and approved Resolution No. 88- 167 declaring the City's intent to dispose of and cmvey three power line easments to Iowa- Illinois Gas and Electric Canpany. The said easeents are for an existing electric transmssion line located in the SEI/4 of Section 35, Trq. 79N, R5W of the 5th P.M. in Johnson Canty, along and adjacent to which the City is acquiring fee title for an access road to the City's new South Waste- water Treatment Plant. The said eamntS allow the Canpagy to continue to have its transmission line overN" said property and to have aooess thereto to operate and mintain said line. You are further notified that a public hearing on said natter will be held by the City Council of the City of Iowa City, Iowa, at its regular meeting to be held at 7:30 P.M. on the 9th cby of ggust, 1983, in the City Canncil Chanbers in the Civic Center, 410 East Washington St., Iowa City, Iowa, at which tine and place all persons interested in said nnetter will be given an opportunity to be heard. 3__ K. KW, CI CLEW, RESOLUTION NO. 88-177 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE EASEMENTS IN FAVOR OF IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. WHEREAS, the City of Iowa City, Iowa, has undertaken a project to improve its wastewater facilities, including the construction of a new wastewater treatment facility to be constructed in the NEI/4 of the NEI/4 of Section 35, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa; and WHEREAS, in conjunction with the rezoning of said site by Johnson County, the City is required to acquire and establish its plant access road to the south of said site to a County Road on the south line of said Section 35; and WHEREAS, the route chosen by the City for its plant access road parallels an existing Iowa -Illinois electric transmission line and encompasses its access easement thereto; and WHEREAS, the City commenced proceedings to acquire by condemnation said roadway right-of-way from three property owners in the SEI/4 of the said Section 35, but did not reserve therein to Iowa -Illinois either the right to have its transmission line overhang the road right-of-way or the right of access over said property to maintain said transmission line; and WHEREAS, it was andis the City's intent to acquire the said roadway right-of-way sub.iect to Iowa -Illinois' right to overhang and its right of access for maintenance purposes; and WHEREAS, Iowa -Illinois has requested the City to convey back to it, upon completion of said condemnations, easements allowing its transmission line to overhang and allowing it access thereto over the City's roadway right- of-way for maintenance purposes; and WHEREAS, Iowa -Illinois did prepare and submit to the City three such easements for execution by the City, which easements have been reviewed and approved by the City Public Works and Legal Departments; and WHEREAS, the City Council did, pursuant to Resolution No. 88-167 passed and approved on July 26, 1988, declare its intent to convey said easements to Iowa -Illinois Gas and Electric Company; and WHEREAS, after public hearing thereon pursuant to public notice, this City Council has determined that it would be in the best interests of the City of Iowa City to convey said easements to Iowa -Illinois Gas and Electric Company. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the three power line easements (electric easement -overhang) attached hereto and made a part hereof are hereby approved as to form and content. 10213 1 Page 2 AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said easements for and on behalf of the City of Iowa City, such execution and delivery thereof to Iowa -Illinois to occur upon completion of the said condemnation proceedings referenced hereinabove. It was moved by Strait and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 9th day of August 1988. ATTEST: R App o e a Form CITY''CLERK Legal Department i IOWA41t1NO1S GAS AND EIKTEIC COMPANY ISECIIUC EASEAIIM (OVE41AN0) R. E. Schwarz, Devenport maw Ca .v .— �OJohnaon _ - s, 6Nest w 5th�a „_,y„ 79 North 35 The understoodC1�y of, Iowa City, IowaLamunlcioei_eorogZEljgp„_, end the undersigned sada the rml mtau lsratod t. Jahveem_CauntY In the Sou of_.3mra—_— dmerrmd u to0owe: A tract of land 25 feet wide situated in the Southeast Quarter (SEN) of Section 35, Township 79 North, Range 6 Nest of the 5th Principal Meridian, Johnson County, Iowa, said tract of land being the westerly 25 feet of the roadway to the City's South Wastewater Treatment Plant described as follows: Commencing at a found Concrete Monument at the Southeast corner of the Southeast Quarter (SEN) of Section 350 Township 79 North, Range 6 Nest of the 5th Principal Meridian! thence 5370 57' 26410 (an assumed bearing), along the south line of said Southeast Quarter (SEN), 934.10 feet, to the Point of Beganning7 thence S970 57' 26.10, along said South line, 66.59 feet, thence N09 39' 32.10 1431.47 feet, to the North lies of the Southeast Quarter (SEN) of said Southeast Quarter (SEN), thence NOS 07' 02YE, along said North line, 66.61 feet, thence S090 39' 32-E, 1431.23 feet, to the Point of Beginning. Said tract of land contains 94,467 square feat, more or less. / .-FE rll. r.rWM. YY Y �.� r✓ w�erb �. II .. A� Sived, mmled and dallewd this 9th do Of Aumist _ ISM CITY, O3 IOWA CITY. IOWA P l OL 07 row is me tblw ce eat am etwesm r ewsmear bm r m ee M come r� awls) Is (en) esa+vlW r W Iseriee 114471C qN use bet. M 0& eg t• eweee se4 salereYysl tie CC wawamaw d4111,wd hm ed melees” we t er W umr r twLL �% ohm some, q eW 1114, 114 A�J� AD, le. COPY Me. I - DOCVM/fl MY DOCIMM see 1112/3 IOWA4LLINOIS GAS AND ELECTRIC COMPANY ft`." w ELECTRIC EASEMENT (OVEENAMO) M. E. Sch evenport (KRAL) co. ter Johnson �r 6 Nest r Sth rr «.Ms 79 North__ 35 7UundmlEYdosner(.), oityof IowaCLty. Iowa, n municlP.R cor29xA oG__.,. Aad the cndard" and somas the foal oUto located Ia....4.2r=9.G_Couatl In the Stab of_SnYa._...__.__. desofbo Y fallaea: A tract of land 15 fast wide situatas in W Southeast Quarter (5Ei), of Section 35, T Slftlp 79 Morth, Range 6 Beat of the Sth Principal Martel". Johnson County, love, Yid tract of land Wing the wsterly 15 fast Of the rOadwaY to the CSty'a South raatw,Ater Tr "talent Plant described as follows, Cossancing at • found concrete Nonuaot at the Northeast ccrnar of the Southeast Quarter (SET) of Section 35, Towahlp 79 Perth, IW9s 6 West of the Sth Principal Wridiant thence 5010 51' 39•E (an Yauyd Waringl, along the asst lice Of said Southeast Quarto ISE%)i 630.66 feat. W the Northeast corner of the South Half (SS) Of the North Half (My) of Yid Southeast QYrtar (SE4)1 hence 5660 03' 46.16, along the North line of Yid South Mall (SS) of the North Half (US), 1.711.54 feet, W the Point of 9e9inning, thence 8090 39' 33.16, 625.1S feat, W a point On the South line Of said South Half (MI Of the North Ulf (A), thence SMo 07' 01.9, along said South line, 66.61 feet, !bene* M090 39' 31.16 611.07 Test; thence 9010 04' 36'10, 0.47 feet, thence also 53' 53.9, 45.75 feett thence M03d 04' 36•M, x6.13 feet, to a point on the North line of Yid South Half (Sy) of the North Half (Mh)t thtnce MBI 03' 46•Er sloop Yid Moral line. 96.06 fast. W the Point of Beginning. Said treat of land contains 41,590 square fast, wn as lase. �y*A=. .I r`YY r�=yYrr IYe .�,.l Y'e •YY�•YO1 r. �rr�la�`y�rY erl r.n efi e,l��r..I"W ��r1.�WIrWNY. rr ri r �r r �r�re r� rice �a MEned, ,%W sad &U,,W th,. 9th day or Aueust lc 88 CIAy or IOWA CITY, IOWA Now heal 4 W! Y C.MO W ace, dr. K se wolf Pe+R► Owe r rs r b ac. Sam M�1i Saw Mae(a) 4 (en) MtrGW 4 W tv"w, 14yea)r(awMted yw r U4 W 49ar• MW= aiaw9yW MSW, er4/ W 4MAe.1 14se 9.e r IdoT Me a eaa Me ee'F Gala So fink. OI.• vada d Us sd ML dy W AA I►_— rr.0 s...r. COPT Ma. I—DOCYMMT NTE DOCUMENT "a--- 1,:213 I IOWAaLLINOIS GAS AND RUCTtIC COMPANY nACTOOVAR ANO)O M 88K. E. Scherarrs Mvenport QUBAt) ) co.ft BB -IA sstoyt ' r...tr�Ieha.a _.SJfertt_.tStb r...rn 79 North 35 12e nadanl8aed oerar(a) City of Iowa City, Iowa, a municipal corporation_, end the undersigned t—at(p,.,______ ._-- and eeroe the red wish, located )S jgh"pg11___Cauot7 In DH State of_Ipya_,_,__, daa)pad ea foQon: A tract of land JS fast wide situated in the 9outh"at Quarter (Stil of Section 35, TOwsuhip 79 North, "a 6 Wast of the Sth Principal Meridian, Johnson County. Iwq said tract of land Wing the weaterly 25 fast of the roadway to the Cityas reuch Naetewater treat- Kant Plant described Y follOwsr Ctasneing at a found concrete aonuaant at the Northeast corner of the Southeast Quarter (St%) Of Section 35r tmmehiP 79 North. Range 6 Most of the 5th Principal Meridians theme 5880 DO' 7891 foss owed hearing), aloof the North line of said Southeast Quarter (Sti 1,231.7S fast, to the Point of s gJnmings thence S010 01' 36'ta 577.86 feats thence 11531,35' 17'6, 36.33 feats theBOJ* 01' 36.6, 50.00 fasts tbence 857 33' 1TW, 36.73 feats thence S07 01' 36% 11.18 feats thence 609 39' 37't, 0.16 fast, to the South Jim of the North Nall (Ni) Of the North Half (Ms) of Said Southeast Quarter (Stilt thence 1880 03' 16'11, along said South lino, %.06 feats thence U070 ea' 36'11, 11.77 feats thane U38 53' 53't, 15.75 feats thence W070 01' 36'11, S73.05 fast, to a statist on the North line of Said Southeast Quartan (Sti) s theme NBW 00' 111'11, alOOg said North lime 66.00 fast, to ted Point of Beginning. Said tract Of land Onntahno 67t757 squats feats sore as, lease nes.(Y ra a...r..wt rrrr�.w.rrrra,e..r.r we.,r�r.wrtrr. ear Yr1Y eN a�/LeiY��{y��W Y'a Y..e�Y�. �.r\�\YYIYr•�.tr r�Y��a SlBaed,'Wed and defenses! ed w, —9 hh —day of August IB$� COD T or ] •. t� <— PKU,w NY W f a CfSap r BPenseaW ten Y r te 4 oaa) Neloa ld r W /eeeeef aWear Y saw W sAeelayeae1aaA rid r ItBwYEyes r tamp w aw feu.Chat assn o neat oarw PKrfm Be)) Paaru lafell copy Ne. I - DOCUMOrt IgA DOCLMwff 9, /ai3 ' �YetnSei ynor te S;qn; n9) CHAPTER 28E AGREEMENT 1 Between the City of Iowa City and The University of Iowa Providing the Management and rOperationlofmanOccupancy, Parking Garage and Chilled Water Facility and a Water Storage Facility Witnesseth: WHEREAS, the Iowa State Board of Regents has determined that the University of Iowa is in need of a parking garage and chilled water facility to service its North Campus, which facility is to be located upon University -owned property and City -owned street right-of-way in and adjacent to a block of property immediately adjacent to the City's Water Treatment Plant; and WHEREAS, the City Council of the City of Iowa City has determined that the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University parking and chilled water facility and a City water storage facility, which facilities will be constructed by the University under a single contract or set of contracts on the site proposed by the University; and WHEREAS, City and University staff members negotiated and prepared this Agreement addressing the design, construction, ownership, and operation of such facilities and the allocation of design and construction costs there- for between the City and the University. NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the State Board of Regents, acting on behalf of the University of Iowa (hereinafter "the University") do hereby agree as follows: Part I - Joint Exercise of Powers Under Chapter 2BE of the Code of Iowa. I. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise their respective powers to finance, develop, construct, own, operate and manage a public improvement, to -wit, facilities for the parking of vehicles, the generation of chilled water for cooling buildings, and a nominal one million gallon storage tank for potable water supply, hereinafter referred to as "the facilities." 2. The Vice President for Finance and University Services of the University of Iowa or her designee shall be designated as the administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, and the Vice President or her designee shall administer the contracts for the design and construction of the facilities. The development and construction of the facilities shall be jointly financed by the City and the University as provided in Part II hereof, and the operation and management of the facility shall be jointly funded by them as provided in Part III hereof. The facilities shall be constructed and located upon the property described in Exhibit A hereto which is property owned in part by the University and in part by the City of Iowa City, that the City -owned property involved shall be conveyed to the University of Iowa as provided in Part II hereof, subject to certain rights and interests reserved and granted to the City of Iowa City as provided in Part II hereof. The parties further agree that the City's water storage facility shall be constructed as part of the facilities on that portion of the property described in Exhibit A. Part II - Development and Construction of the Facilities. 1. Contracts for the Design and Construction of the Facilities. The parties hereby agree that the University will contract for the design and construction of the facilities. The plans and specifica- tions incorporating the design of the facilities will be in substantial conformance with the preliminary conceptual design Unte iversiity's projectrtconsultantLewisKrusandearchitect,�cas sethforthuin their feasibility study, dated February 24, 1988, which is incorporated herein by reference. 2. Citv's Review and Aporoval of Plans and Contribution of its Share of ---i., Costs The City shall have the right to review and approve that portion of theplans, specifications, form of contract, and estimate of costs having to do with the water storage facility, such determination of approval to be given within fifteen (15) days of submission of same. If the final design of the water storage facility as reflected in the plans and specifications is in substantial conformance with the preliminary conceptual design, or is otherwise acceptable to the City, and if the estimate of costs for construction of the City's water storage facility is in substantial conformance with the preliminary estimate of $550,000 developed in conjunction with the feasibility study, then in that event the City shall be required to approve same within ten (10) days from submission thereof to the City by the University. The estimate of costs shall separately identify the estimated cost to construct the University's chilled water facility and parking garage, and the City's water storage facility. The City shall pay its share of the design costs incurred by the University. The University shall, from time to time appropriate to the progress of the project, submit to the City itemized applications for payment and supporting documents substantiating the expenditure by the University, and the City shall promptly reimburse the University the portion of the University's costs which are attri- butable to the water storage facility. The City's share of costs for the design, construction bidding and negotiating, preparation of bid documents, and construction observation by the project consultant and 1ai3 architect for the water storage facility portion of the facilities shall not exceed ;45,400.00. 3• University's Competitive Bid Process. The University agrees that, after it has approved the plans and specifications, form of contract, and estima Chapter 262 of the Code of Iowa, it willte of costs pursuant to secure a bid or bids for construction of the facilities. The University shall have sole responsibility for the competitive bid and contract award process, which process shall be conducted in conformance with Iowa State Board of Regents rules and procedures governing such matters. After bids are received and opened, the University shall furnish the City with a tabulation of all bids received. 4. Universitv's awa..a c The parties agree that the University will accept a bid or bids for construction of the facility and will take appropriate action on the bid or bids in accordance with the rules and procedures of the Iowa State Board of Regents. The parties hereby understand that the City has agreed to a maximum dollar commitment on the construction costs Of $550,000,exclusive any extra work orders pertaining to the water storage facilities.. If the dollar value of the work pertaining to the water storage facility exceeds the City's maximum dollar comnitment,the City may review the bid and determine whether it desires to proceed with the construction. If it elects not to proceed with the construction project, the City may terminate this agreement as set forth in esigne Section theblredto theang University for the project to eliminate the water storage facility from tha 5. The City agrees that, upon the University's award of a contract or contracts for construction of the facilities, including the City's water storage facility, the City shall be obligated to contribute to the University a sum equal to the bid price of the construction bid accepted, multiplied by the City's construction cost share percen- tage, said sum to be paid in payments as provided in Section 6. The City further agrees that, upon the University's award of a contract or contracts for construction of the facilities, or for construction of the parking and chilled water facility only, the City shall be obligated to convey to the University the interests in the following properties: following (a) fee title to the East 10' of the West 20' of Capitol Street from the South line of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. 88- 4 (b) fee title to the North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; (c) fee title to the South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment plant property) and the West line of Capitol Street; (d) fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the West line of Lots 2 and 3 in said block; (e) a temporary construction easement in the East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88- , from the South line of Davenport Street to the North line of Bloomington Street; (f) a temporary construction easement in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; (g) a 10' wide easement for the installation and maintenance of University utilities in vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition; (h) an easement for a 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof; (i) an easement for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treat- ment Plant, reserving to the City an unrestricted right of access thereto; all as per Exhibits B, C, D, E and F attached hereto and made a part hereof. The parties hereby agree that the location of the easements for the fire lane and for utilities within the vacated portion of Bloomington Street shall be subject to the approval of the City Public Works Director. With respect to the fire lane and utility easement conveyances in the vacated portion of Bloomington Street, it is agreed that the exact description of the properties to be conveyed will be determined at a later date. With respect to the fire lane easement in vacated Bloomington Street, the University agrees to construct a fire lane having a driveable )ai3 5 surface of a width and utilizing materials approved by the Chief of the Iowa City Fire Department, and agrees to maintain said fire lane in an accessible condition for Fire Department apparatus. The University further agrees to surface and/or landscape the remainder of the vacated Bloomington Street right-of-way, and to maintain same in an appropriate condition. The University agrees to convey to the City, concurrently with the City's conveyances as indicated above, (a) utility easement for two existing water mains in vacated Davenport Street west of Capitol Street, (b) a utility easement between the water storage facility and the City Nater Treatment Plant for piping and necessary appurtenances; and (c) an easement for access to the water storage facility for operation, maintenance, and repair, all as per Exhibit F hereto. The University further agrees to take, and to cause its construction contractor to take, reasonable precaution during the construction of the facilities to protect and preserve the said water mains in vacated Davenport Street from disturbance or damage. 6. Calculatinn of r; �.. --J .. _ The City's construction cost share percentage for the base contract shall be calculated as follows: Iowa City's construction cost share percentage = the estimated cost to construct the City's water storage facility _ the total estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. The University's construction cost share shall be calculated as follows: University's construction cost share percentage = the estimated cost to construct the Combined Use Facility less H the estimated cost to construct the City's water storage facility the estimated cost to construct the facilities, all as per the Project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. The University shall pay the full amount of each progress payment to the construction contractor, after review and approval thereof by the University. The City's contribution to the cost of construction shall be paid as follows: (a) Periodic progress payments: Each payment from the City shall be due and payable fifteen (15) days after receipt of the contractor's pay estimate from the University accompanied by a statement of charges and supporting documents substantiating the expenditures, as per paragraph 2, here and above. The progress payments will be based upon a schedule of values submitted by the contractor. The City will have an opportunity to review and ia�3 7. comment upon the contractor's schedule of values before it is approved by the University. (b) A final payment as per the final accounting pursuant to para- graph 11 hereinbelow. (c) Change order payments as per paragraph 8 hereinbelow. The City's project representative shall process all periodic progress payments on behalf of the City. The City hereby designates its Public Works Director as its project representative to act on its behalf during the construction phase for purposes hereafter specified. The City's project representative, or his designee, shall be entitled to access to the construction site at all reasonable times to determine the progress of construction and its conformance with the plans and specifications, and to make inspections and tests for said purposes, provided, however, that nothing herein shall affect the right of the University or relieve the University of its obligation to administer the construction contract and to inspect the work as "owner" of the project under the construction contract, pursuant to paragraph 9 hereof. 8. Change Orders to It is agreed by the University and the City that change orders affecting the construction of the facilities may arise and each party shall be responsible for paying its share of the increased costs as determined by the project consultant and architect, Herbert Lewis Kruse Blunck Architecture. All change orders to the construction contract, which materially affect the water storage tank or appurtenant piping or facilities, or which would increase the overall cost of the project to the City, shall be submitted to the City for approval or disapproval. The City shall approve or disapprove all such change orders submitted by the University in writing within seven (7) working days after their submission. If the City fails to respond within said seven (7) day period, the City shall be deemed to have approved the change order. As to any change order which results in additional cost to the project, the City shall be required to pay such additional cost if the change order pertains to the water storage tank or appurtenant piping or facilities; provided, however, if such change order pertains to the University's parking garage or chilled water facility, but is necessary to accommodate the construction of the City's water storage facility, the City shall be required to pay its share of the additional cost of such change order. If such change order pertains only to the University's parking or chilled water facility, the City shall not be required to contribute to the additional cost of such change order. Any costs associated with change orders for the City shall be paid in addition to payments made /a 13 7 as per the base contract formula set forth in paragraph 6 herein- above. 9. City and University Obligations with Respect to Construction. The City shall obtain all necessary permits to construct and operate the water storage facility. The University shall, as "owner" under the construction contract, administer and manage the construction of the facilities according to Iowa State Board of Regents Rules and Procedures. The City shall have access to all test -data of construction materials and methods compiled by the University. The University agrees to make all such materials available to the City upon request. The University shall provide to the City after completion of construction of the facilities copies of "shop drawings" and "as - built" drawings for the water storage facility and its appurtenant wiring, piping and equipment and the City shall pay for any costs associated with the preparation of "as -built" drawings. The University or its contractor shall effectuate all relocations, alterations, adjustments or removal of utility facilities, including power, telephone lines, water mains and hydrants, curb boxes, storm and sanitary sewers, utility poles, steam lines, gas lines and all related installations and appurtenances, whether privately or publicly owned; shall effectuate the removal and replacement of all parking meters, traffic signs, pavement and sidewalk, and other facilities which are located within the limits of construction or which are otherwise affected by the construction of the project; and shall place and maintain traffic control devices, signing, pavement markings, barricading, and fencing around the site during construction. The City shall pay the University's costs for inspection and admini- stration of the construction of the water storage facility portion of the facilities. The University's costs for construction inspection of the water storage facility portion of the facilities shall not exceed the amount of $17,000. The City shall pay that amount to the University in installments to accompany each periodic progress payment. The amount of each such payment for cost of inspection shall be in the same proportion to the above amount as the periodic progress payment bears to the City's total share of the contracted construction cost for the project, with the final payment therefor to be computed and paid as provided in Part II, paragraph 11. The University's cost for administration of construction of the water storage facility portion of the facilities shall not exceed the amount of $3,000. The City shall pay that amount to the University within 30 days after final acceptance of the facilities by the City and the University as provided in Part II, paragraph 10. /,-�/3 10. Inspection and Acceptance of the Facilities. Upon certification by the contractor that construction has been completed, City and University representatives shall inspect the facilities. Said representatives shall jointly prepare the "punch list" for final contractor action prior to formal acceptance. Upon determination by said representatives that construction of the facilities is complete and should be accepted, the University shall by formal action approve and accept the facilities as complete. 11. University's Final Accounting of Construction and Construction Inspection Costs City s Final Pa enc. Upon completion of the facilities, the University shall make a final accounting of all costs which it has incurred under the contract(s) for the construction of the facilities. Said accounting shall show (a) the total amount of all progress payments made to the contractor(s); (b) all periodic progress payments made by the City and by the University; (c) the total amount of construction inspec- tion costs paid by the City; and (d) the amount of construction inspection costs remaining unpaid. The University shall make a final accounting of all amounts due and owed by the City and shall submit it to the City. The City's final payment shall be due and payable within 30 days of the University's submission of the final accounting to the City. 12. Requirements of Law. The parties agree that the University shall, at its own cost and expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. The parties agree that the City shall, at its own cost and expense, promptly observe and comply with all present and future laws, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. Part III - Use, Occupancy Management and Operation of the Facilities. 1. Grant of Right to Use and Occupy. In consideration of the City's conveyance of property for the facilities, its contribution to the cost of construction and its commitment to contribute to the ongoing costs of operation and maintenance of the facilities as hereafter provided, the University grants to the City the right to use and occupy the water storage facility portion of the facilities, as hereafter provided. The parties agree that the City shall have the exclusive right to use and occupy the water storage facility for storage of potable water. Premises and Term. The University hereby agrees that the City shall, during the term of this Agreement, have the right to use and occupy the water storage facility for the purposes hereafter provided. The City's right to use and occupy the water storage facility shall commence upon completion of the facilities by the University's contractor, as provided in Part I1, paragraph 10 hereof. This Agreement and the City's right to use and occupy the premises shall terminate on December 31, 2038, and the City will vacate the premises; provided, however, if the City desires to extend its use of the facilities, the City shall give the University 180 days prior written notice of its interest in continuing use of the water storage facility, at which time the University and the City will negotiate a renewal term for the City's continued use of said facility, unless such renewal will impede or impair the University's use of its property. The City shall, upon 180 days prior written notice, have the right to abandon its use and occupancy of the water storage facility. 3. Possession and Use of Premises. The parties agree that the University's use of the premises will consist, initially, of parking for vehicles and the generation of chilled water for University buildings, that the City will use the water storage tank portion of the facilities for the storage of potable water, and that upon completion and acceptance of the facilities, the University shall be entitled to utilize the top surface of the water storage facility for University recreational uses. Upon establishing recreational usage of said top surface, the University shall assume the care, custody, and control of the top surface for said recreational purposes. Operation and Maintenance. The University shall have responsibility for the proper and prudent operation and maintenance of the parking garage and chilled water facility, and for the grounds. The City shall have responsibility for the proper and prudent operation and maintenance of the water storage facility portion of the facilities, under all applicable laws, rules, and regulations. As to structures, appurtenances, and equipment which serve, support, or protect both the City's water storage facility and the University's parking garage and/or chilled water facility, the parties agree to share costs for the maintenance and repair thereof. Such costs shall be shared in the same proportion with each party's cost share percentage thereof computed as provided in Part II, paragraph 6 above. la/3 to Part IV - General Provisions. I. Dispute Resolution - Arbitration. The University and the City agree that any dispute arising between them in the application or interpretation of this Agreement may be submitted to arbitration on the request of either the University or the City. Any request for arbitration from one party to the other must be in writing. Upon receipt of a request for arbitration, the parties shall sign and acknowledge a written agreement specifying which demands are to be submitted to the arbitrators, and the arbitration proceeding shall be limited to such demands. (a) If the parties agree, there may be one arbitrator; otherwise there shall be three, one named in writing by each party to this Contract and the third chosen by these two arbitrators. If they fail to select a third within fifteen days, then such arbitrator shall be chosen by the presiding officer of the state or county bar association nearest to the location of the work Should the party requesting arbitration fail to name an arbitrator within ten days of its demand, its right to arbitra- tion shall lapse. Should the other party fail to choose an arbitrator within the said ten days, then such presiding officer shall appoint such arbitrator. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. (b) No one shall be qualified to act as an arbitrator for whom serving in such a role would create a conflict of interest. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. (c) If there be one arbitrator, the award shall be binding; if three, the award of any two shall be binding and may be impeached only for fraud or mistake. Such award shall be a condition precedent to any right of legal action. (d) The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the arbitration and, if the arbitration was taken without reasonable cause, damages for delay. (e) The costs of arbitration shall be shared equally by the parties. (f) The award of the arbitrators shall be in writing and it shall not be open to objection on account of the form of the proceeding or the award. 2. Declaration of Default and Notice; Remedies Upon Default. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the /-2/3 11 aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30 -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including termination of this Agreement. 3. Effect of Termination or Abandonment. In the event that this Agreement is terminated as provided in Part IV, paragraph 2, or as provided in Part III, paragraph 2, or in the event the City abandons the water storage facility as provided in Part III, paragraph 2, then in those events the City's right to use and occupy the water storage facility shall cease, the City's utility easement between the water storage facility and the City Water Treatment Plant, as per Exhibit F, shall extinguish, and the University shall assume full responsibility for the operation and maintenance of that property and those facilities. 4. Liability and Insurance. The University agrees to assume responsibility for property losses and personal injuries arising out of its use of the facilities which are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "Tort Claims," and according to the procedures set forth therein. The City agrees to assume responsibility for property losses and Personal injuries arising out of its use of the water storage facility which are incurred by reason of the negligence of the City or its agents or employees to the full extent permitted by Chapter 613A of the Code of Iowa, entitled "Tort Liability of Governmental Subdivisions," and according to the procedures set forth therein. The parties agree that the University shall maintain property insurance on the chilled water and parking garage facilities, as appropriate according to University policies and procedures. The University's property insurance does not and will not cover the City's water storage facility. The parties agree that the City shall maintain property insurance on the water storage facility, as appropriate according to City policies and procedures. The City's property insurance does not and will not cover the University's parking garage or chilled water generation facility. W 5. Captions The captions of the various articles of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of this Agreement, nor in any way affect this Agreement. /ao N Exhibit A Property Designation 1. The facilities are to be constructed on Lots 1, 2, 3, 9 and the East-West alley right-of-way lying east of the west line of Lots 2 and 3 in Block 100, Original Town Addition, and the west 10' of Capitol Street from the south line of Davenport Street to the north line of Bloomington Street, all property belonging to the University of Iowa; and the east 10' of the west 20' of Capitol Street from the south line of Davenport Street to the north line of Bloomington Street, and the north 19' of Bloomington Street lying between the east line of the west 20' of Capitol Street and the west line of Lot 3, Block 100, Original Town Addition, to be conveyed to the University under this agreement. 2. The City's water storage facility lies in the southeast corner of the facility in an area lying south of a line 67' north of the southeast corner and east of a line 56' west of the southeast corner on levels 1, 2, 3 and 9 of the facility. Exhibit B KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, 1n consideration of $1.00 and other good and Universitycofsideration Iowa, All our right paid do interesthereby estate, unto The claim and demand to the following -described real estate situated in Johnson County, Iowa, to -wit: 1. The West 20' of Capitol Street from the South line of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. B8-_ 2. The North 24.5' of the vacated' portion of Bloomington Street adjacent bto the etween facility, lWest lineteOPursuant Lot 3, Bio0kd1100, Orliginal Town Addition lying (East line of City Water Plant property) and �the West line of Capitol Street; 3. The South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated Pursuant to Ordinance No. B8- lying between the West line of Lot 3, Block 100, Orig nim Town Addition (East line of City Water Treatment plant property) and the West line of Capitol Street; 4. That portion of the East-West alley right-of-way 1n Block 100, Original Town Addition, lying East of the West line of Lots 2 and 3 In said block; all 1n Iowa City, Johnson County, Iowa. Dated this day of GRANTOR CITY OF IOWA CITY, IOWA By: John MCOpna d, Mayor ATTEST: By: er. an K. Karr, C ty C erk STATE OF IOWA ) JOHNSON COUNTY ) S5: On this day of 19 before me, 0 owe, persona a Notary Du md Ic 1n and or the State to Personally known, yandpewhod being by0meaduly ld asworn,, Marlin say thattheyare the Mayor and City Clerk, respectively, of the City of Iowa City, jowl; that the $eal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of Its City Council, as contained in Ordinance No. passed (the Resolution adopted) by the Cit Council, under Ro Ca 1 No. day of of the City Council an the 19 cDana d and Narcan K. Karr, acknow edged t e execut on�ofand the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary ub c nand or sa d County and State 9 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site In the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey temporary construction easements to the University to accommodate the University's construction of said facilities. NOW, THEREFORE, for and In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, in easement and right of entry and encroachment, for purposes of constructing the facilities described In the preamble hereof, ever the following described real estate: 1. The East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88 -from the South line of Davenport Street to the North line of Bloomington Street; and 2. The City Water Treatment Plant drive, located on the east 17' of Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; all of said property located i in Iowa City, Johnson County, Iowa. This grant conveys to the University of Iowa, its agents, employees, and contractors employed for the construction of said facilities, the right to enter and encroach upon the real estate described during the term of the I easement for the purpose of constructing and Installing the improvements or structures related to the facilities, and may include storage of equipment or materials on said real estate. The temporary construction easement in and to the Water Treatment Plant drive hereinabove granted is subject to the City's continued right -of - access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Equipment or materials shall not be stored in said drive so as to Interfere with such access. The term of the temporary construction easement will be for the period of time required by the Grantee to complete the construction of the sanitary sewer, but In no event shall the duration of the temporary easement extend beyond 0 /a/3 I N 2 Dated this _ day of ly_ GRANTOR CITY Of IOWA CITY, IOWA By; John McDonald, Mayor ATTEST: By: Marian K. Karr, City perk STATE OF IOWA JOHNSON COUNTY i SS: On this day of E9 before me, owaa Notary a cin an or the State personally pknown, and, rho r being by Mme dully sworn, didd and nK. s y thatrthey ato re that the the seal affior and xed Clerk, the frespectively, regoing instrument of the Cis the corporateof lows ysealwof the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by authority of Its City Council, as contained in (Ordinance) (Resolution) No, passed (the Resolution adopted) the by the City Council, under RoT1—CaTiAo: of the City Council HcOonal an ar a a K. Kar ac now age t e of execution . ndlthat John ment to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed, oUry u C n an or sa ounty an tate GRANTEE'S ACCEPTANCE By: ATTEST: 6 D STATE OF IOWA ) JOHNSON COUNTY l 55: (UNIVERSITY ACKNOWLEDGEMENT) 9 Exhibit 0 Deed of Conveyance of Utility Easement Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, vers and chilled watermfacilitytandna CitYrwater storagaation If I ifacf it Parking gon a sgarate ge the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey a utility easement to the University to accommodate the University's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknograntwlandedconvey Citythe of (theIowa University of Iowa, Grantor Grantee, andoes easement described as follows: A 10' wide easement for the installation and maintenance of University utilities in vacated Bloomington Street, from the West line of Capital Street to the West line of Lot 3, Block 100, Original Town Addition, said easement to be centered on a Iiledescribed as follows: (description to be provided at a later date). Dated this day of GRANTOR CITY OF IOWA CITY, IOWA By: Jahn MCOona d,Mayor ATTEST: BY: Mar an K. Karr, C ty C erk STATE OF IOWA ) JOHNSON COUNTY ) 55: On this day of fc In before me, 0 owe, persona y appeared John McDonalda andubMarian aK. Karr, tome State personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf If the corporation, by authority of Its City Council, as contained in Ordinance No, passed (the Resolution adopted) by the City Council, under Ro Ca I No. d and day of of the City Council on the , 19 and that John Mc ono Marianow K. Karr acknedged the execot o of to be their voluntary the Instrument y act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pub c n and or sa d County and State 9 M GRANTEE'S ACCEPTANCE By: ATTEST: By: (University acknowledgement) L 1 Exhibit E Fire Lane Easement Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the Joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey fire lane easements to the University to accommodate the University's use of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, easements for fire lanes to serve University buildings, as follows: 1. A 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof, said easement to be centered upon a line described as follows: (description to be provided at a later date); and 2. A fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant, reserving to the City an unrestricted right of access thereto; The fire lane easement in and to the Water Treatment Plant drive herein- above granted is subject to the City's continued right -of -access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Dated this day of 19_ GRANTOR CITY OF IOWA CITY, IOWA By: John McDonal d, Mayor ATTEST: By: WrT an K. Karr, C ty C TOMk /W3 6 z STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of 19 before me, Iowa, a Notary Pub is in and or the State Of persona y appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, didsay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained In Ordinance No. passed (the Resolution adopted) by the City Council, under Ro I Ca No, of the City Council on the day of, 19 and that John MCOo� and Marian K. Karr acknow edged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said County and State GRANTEE'S ACCEPTANCE By: ATTEST: By: (University acknowledgement) �a�3 Exhibit F Deed of Conveyance of Utility Easements Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered Into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, The University is required pursuant to said Agreement to convey easements to the City to accommodate the City's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1,00) and other good and valuable consideration, receipt of which is hereby acknowledged, The University of Iowa, Grantor herein, doeshereby grant and convey unto the City of Iowa City, Iowa, as Grantee, utility easements upon and over the following -described real estate: 1. A -70 ' wide easement for two existing water mains in vacated Davenport Street between the West line of Capitol Street and the East line of Madison Street, centered an a line described as follows: (description to be provided at a later date). 2. A' wide easement for water piping and appurtenances between the C ty Water Treatment plant and a City water storage tank, said easement to be centered upon a line described as follows: (descrip- tion to be be at a later date). 3. An easement upon Lots 3 and 1. Block 100, Original Town Addition, for access to the City water storage facility and appurtenant piping and facilities located thereon, for purpose of operatingmonitoring, maintaining, and repairing the said water storage facility and its appurtenances; all located 1n Iowa City, Johnson County, Iowa, Dated this day of Iq_ GRANTOR THE UNIVERSITY OF IOWA By: ATTEST: By: (University acknowledgement) /,,2/3 6 NOTICE OF PUBLIC HEARING Notice is hereby given that a pblic hiring will be held by the City Council of 100 City, Iaa, at 7:30 p.m. an the 9th day of August, 19BB, in the Civic Center Council Chambers, Lara City, Iowa; at which hearing the Council will consider an ordinance amending Chapter 24 of the Coda of Ordinances of the City of Iaa City, by repealing Article VI thereof entitled "Nuisance," and by enacting in lieu tlnaaof a new Article VI, to be codified the same, contain- ing new definitions, standards and procedures for the abatement of nuisances. Copies of the proposed ordinance are on file for public examination in the Office of the City Cleric, Civic Center, Iaa City, Iowa. Persons wishing to make their vias known for City Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK I 9 ORDINANCE NO. AN ORDINANCE AMENDING CIAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IM CITY, BY RFRFALING ARTICLE VI THEREOF ENTITLED "NUISANCES," AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE SME, CONTAINING NEW DEFINITIONS, S NUJUS ANO PROCEDLRES FOR THE ABATEIENT OF NUISANCES. BE IT ORDAINED BY THE CITY MICIL CF THE CITY OF IOWA CITY, IOMIA: SECTION I. That Chapter 24, the Cale of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby anaded by repealing Article VI thereof entitled "Nuisances," and enacting a new article to be codified the sam to read as follows: ARTICLE VI. NUISMNCES Sections: 24-101. Nuisances Declared 24-102. Definitions 24-103. Nuisances Prohibited - A rOvity to Abate 24-104. Notice to Abate - Service 24-105. Abatement by Administrative Proceedings 24-106. Abatement by Nnicipal Infrac- tion Proceedings 24-107. Abatement Renedies; Penalties 24-108. Emergency Abatement Procedure Sec. 24-101. Nuisarnus Declared. Whatever is injurious to the senses, or an obstruction to the free use of party, so as essentially to interfere with the comfortable erdoyment of life or property, is a nuisance. Nuisances shall include, but not be limited to Hese activities and items hereafter set forth in this section. (a) Causing or suffering any refuse, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place to the prejudice of others. Causing or suffering any refuse, garbage, noxious substances, or hazardous wastes, junk, salvage material or other offensive or dis- agreeable substances to be thrown, left, or deposited in or upon any street, avere, a11Qy, sidewalk, park, public square, public enclosure, lot, vacant or occupied, or upon any pad or pool of water; except for: (1) Refuse deposited and stored in accordance with provisions of Chapter 15 of the Cade of Ordinances of the City of Iowa City, entitled "Garbage, Trash and Refuse"; (2) Canpost piles established and maintained with written permission from the Johnson Canty Public Health Department, a Ordinanm No. Page 2 (3) Junk or salvage materials properly stored in a junk or salvage yard permitted under Chapter 36, Zoning, of the Code of Ordinances of Iowa City. (b) Diseased or damaged trees or ships. pry dead, diseased or damaged trees or shrubs, which nay harbor serious insect or disease pests or disease injurious to other trees or shrubs, or any healthy tree which is in such a state of deterioration that any part of such tree may fall and damage property or cause injury to persons. (c) Weeds. Any condition relating to weeds which is described as a nuisance in Chapter 34, Article III of the Code of Ordinances of Ioa City. (d) Ditch, drain, or storrrvater detention basin. Any ditch, drain or watercourse, which is now or hereafter may be constructed so as to prevent the surface and overflow water frau the adjacent lands entering or draining into and through the same. Any stormater detention basin not maintained in an appropriate manner so as to allow its proper function. (e) Stagnant water. Stagnant water standing on ary property. Any property, container, or material kept in such a condition that water can accumulate and stagnate. (f) Vermin harborage. Conditions which are wnducive to the harborage or breeding of vermin. (g) Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches, or flies. (h) Sanitary sewer facilities. Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools, and drain fields, which have failed or do not faction pm perly or which are overflowing, leaking, or emanating odors. Septic tanks, cisterns, and cesspools which are abandoned or no lager in use unless they are emptied and filled with clean fill. Ary vault, cesspool, or septic tank which does not comply with the Johnson County Department of Health regulations. (i) Unsecured/unoccupied buildings. lkhocchpied buildings or unoccupied portions of buildings, which are unsecured. (j) Dangerous buildings or structures. (k) Abandoned buildings. (1) thea propertywhichamay contribute ttointjuryn an of any person present on the property. Hazards 1 Ordinance No. Page 3 shall include but rat be limited to open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices. (m) fire hazards. Any thing or condition on the property which creates a fire hazard or which is in violation of the fire code. (n) Health hazards. Any thing or condition on the property which creates a health hazard or which is in violation of any health or sanitation law. (o) Noise. Any violation of the roise aWter 24.4 of the Code of Ordinances of the City of Iowa City. (p) Snow removal. Any violation of Division 3, Ion and Snow Removal, Sections 31-120 - 31-124 of the Cede of Ordinances of the City of Iara city. (q) JunVard or salvage operations. All junkyard or salvage operations, as defined in Section 36-4 of the Code of ordinances of Iowa City, except as permitted by ordinance. (r) Obstruction of right-of-way or public place. The obstnvcting or ercunbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks, and camas, except as permitted by ordinam. hiy use of a public street or sidewalk, or any use of property abutting a public street or sidewalk, which causes large crowds of people to gather so as to obstruct pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by ordinance. (s) Inoperable/obsolete vehicle. The storage, parking, leaving, or permitting the storage, parking, or leaving of an irxperabl%bsolete vehicle span private property within the city for a period in excess of forty-eight (48) ham, unless excepted herein. This suction shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in correction with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. (t) Unlawful sale, use, or manufacture of intoxi- cating liquors. Any building or place in or upon which the unlawful manufacture or sale or keeping with intent to sell, use or give away of intoxicating liquors is carried on or continued or exists. (u) Vehicle parked on private property without authorization. The parking of motor vehicles upon private property without the consent of the property ower or responsible party. Ordinance No. Page 4 (v) Md, dirt, gravel, and other debris. The depositing or allowing the depositing of any mud, dirt, gravel, or other debris in violation of Chapter 31 of the Code of Ordinances of the City of Iowa City. (w) Building construction sites. Building con- struction sites maintained in violation of the Building Code. (x) Other nuisances. Any nuisance described as such by Chapter 657 of the Cade of Iaa. Sec. 24-102. Definitions. (a) Abandoned building. Abandoned building shall new any building or portion of building which has stood with an incomplete exterior shell for longer than two years or any building or Portion thereof which has stood unoccupied for longer than one year and wiaich meets one or more of the follavirg criteria: (1) Unsecured, or (2) Having housing code or building code violations. (b) Dangerous building or structure. Dangerous building or structure shall mean any building or structure Which endangers the health, safety, or welfare of persons or property, or Which is in violation of the Lniform Code for Abatement of Dangerous Buildings. (c) Enforcement officer. Enforcerent officer shall mean the City Manager or employees designated by the City Manager to enforce this article. (d) Hazardous waste. Hazardous waste shall mean those wastes included by definition in Section 455B.411(3)(a) Code of Iowa and the roles of the Iowa Department of Water, Air and Waste Managanelht. (e) Inoperabl%bsolete vehicle. An "inopa-abl% bsolete vehicle" shall mean ary device in, yam or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by Wran power or used exclusively upon stationary rails or tracks, and shall include without limitation motor vehicle, automobile, truck, trailer, motor- cycle, tractor, buggy, wagon or any o mbination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following character- istics: a. Broken glass. Any vehicle or part of a vehicle with a broken windshield, or any other broken glass. b. Broken or loose parts. Any vehicle or Part of a vehicle with a broken or loose fender, door, bnper, hood, wheel, steering wheel, trunk top, or tailpipe. I 1 Ordinance No. Page 5 c. Missing ergine or vials. my vehicle vhich is lacking an engine or one or more Wals or other structural parts vhich renders such vehicle totally inoperable. d. Habitat for animals or insects. Any vehicle or part of a vehicle vhich has become a habitat for rats, mice, or saps or e. Defeetivee orother rermin or in obsoletecondition. Any vehicle or part of a vehicle vhich, because of its defective or obsolete condition, constitutes a threat to the public health and safety. f. Inoperable condition. Any vehicle that is not capable of owing in both forward and nve (e) Junk or alvaaggerematerial. Junk or salvage material shall be any discarded or salvaged building material or fixture; any obsolete or inoperable machinery, or parts thereof; scrap iron or steel. (f) Noxious substances. Noxious substances shall mean substances, solid or fluid, vhich are offensive, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not be limited to any dead animal, or Portion thereof, putrid carcass, degied animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pori(, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or nwxrce. (g) Q,ner. Qrher shall mean the person or persons oho are the record man of real property according to the records of the Jenson county department of property taxation. (h) Refuse. Refuse shall mean any purtrescible and non-putrescible and combustible and non- combustible haste, including paper, garbage, material resulting from the handling, process. Ing, storage, preparation, serving and mtvrp- tion of foal, vegetable or animal matter, offal, rubbish, plant waste such as tree trimmings or grass cuttings, ashes, incinsator residue, street cleanings, construction dh-is, and solid industrial and market wastes. (i) Responsible party. A responsible party shall mean any person having possession or control of real or personal property, including without limitation any one or more of the following: a. Agent, b. Assignee or collector of rents, c. Holder of a contract or deed, d. Mortgagee or vendee in possession, e. Receiver or executor or trustee, f. Lessee, 1 Ordinance No. Page 6 g. Other person, firm or corporation execis- ing apparent control over a property. Sec. 24-103. Nuisances Prohibited - Adwity to Abate. (a) The creation or maintenance of a nuisance is unlawful and prohibited and shall constitute a misdemeanor or a municipal infraction. (b) The city manager and enforcement officers designated by the city manager are authorized to abate nuisances in accordance with the Procedures set forth in this article. Nuisances may be abated by either the adrini- strative abatement process or the municipal infraction process, as hereafter provided. Sec. 24-101. Notice to Abate - Service. (a) The City Manager or any enforcement officer designated by the City Manager is hereby authorized to serve upon the carer or respon- sible party of the property upon which the nuisance is being maintained, or upon the person or persons causing or maintaining the nuisance, a written notice to abate as Prescribed below. (b) When service of a notice to abate is required, the following methods of service shall be deemed adequate: (1) BY Personal service upon the owner and/or responsible party of the property upon which the nuisance exists. (2) If, after reasonable effort, personal service carrot be made, any two of the following methods of service shall be considered adequate: (1) sending the notice by certified mail, return receipt requested to the last known address; (2) Publishing the notice once a week for two consecutive weeks in a newspaper of general circulation in the City of Iowa City, Iowa; or (3) by posting the notice in a conspicuous place on the property or building. (3) If an intended recipient of notice carrot be found and if his/her address carrot be determined after reasonable effort, by Posting a copy of the notice in a conspicuous lace on the P ard Publishing the notice for two consecutive weeks in a newspaper of general circula- tion in the City of Iowa City. Sec. 24-106. Abateramt by Administrative Proceedings. (a) Content of Notice. In the event the enforce. not officer decides to abate a nuisance administratively, the notice to abate shall include the following information: Ordinance No. Page 7 (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tie period. (4) The notice shall advise that, upon failure to comply with the order to abate, the City shall udertake such abaterent and that the cost of abaterert nay be assessed against the property for collection in the sane manner as property taxes. (5) The notice shall also advise as to the opportunity for an administrative hearing and that failure to request suh a hearing within the time specified in the notice shall constitute a waiver of the right to a hearing and that said notice shall thereafter becme a final determination and order to abate. (b) Pdhdnistrative hearing. The hearing shall be held before the City Manager or his/her designee, and shall be in accordance with the procedures of Section 2-184 thragh Section 2- 187, except as herein otherwise provided. The City Manager's or his/her designee's datennna- tion and order shall be appealable to Johnson County District Court by writ of certiorari. The order shall not be carried out until the time for filing the writ of certiorari has expired. Sec. 24-106. Pbatm t by Rnicipal Infraction Proceedings. (a) Content of notice. In the evert the enforoe- nent officer decides to abate a nuisance through the mnicipal infraction process, the notice to abate shall include the following information: (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified tare period. (4) Explanation that failure to abate the nuisance within the tine specified will result in the issuance of a civil citation charging the %mr or responsible party with a nnnicipal infraction. (5) Explanation that each day that a nuisance is permitted to continue constitutes a separate offense. Ondinarre No. Page 8 (6) Explanation that upon being found guilty of a municipal infraction, the court is authorized to order abatement, assess the costs of abatement against the property and/or enter then as a judgnent against the defedant, and assess a civil penalty against the defendant. (b) Issuance of civil citation. In the event that the nuisance is not abated as ordered and within the time specified in the notice to abate, the enforcement officer may issue a civil citation to the property %herr or responsible party, charging that person with a municipal infraction. The enforcement officer may, but shall not be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the same Property and occurring within one year of a prior violation. Sec. 24-101. Abatenad Ieffedies; Realties. (a) Abatement may include but shall not be limited to repair, removal, cleaning, extermination, cutting, mowing, grading, seller repairs, draining, ng, repairing a building or structure, boarding tnoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abarh ed buildings. (b) The cost of abatenent may be assessed against the Property for collection in the sane manner as Property taxes. Abatement costs shall include the cost of rowing or eliminating the nuisance, the cost of investigation, such as title searches, inspection, and testing; the cost of ratification; filing costs; and other related administrative costs. Inoperabl%bso- lete vehicles Aich have been impouxied may be sold in accordance with state law. If an inoperable/obsolete vehicle is not sold or if the proceeds of such sale or redarption are not sufficient for payment of the cost of abate- ment, storage, and sale of said inaperabl%bsolete vehicle, such cost or the balance of such cost mqy be assessed against the Property for collection in the same manner as a property tax. (c) In a municipal infraction proceeding for the abatement of a nuisance, the court may order any one or more of the following: (1) Place a judgment against the person aWor Property of the defendant for the cents of abatement. (2) Levy a civil penalty (fine) against the defedant of yr to one hundred dollars /,7/V Ordinance No. Page 9 ($100.00) for the first offense and up to two hundred dollars ($200.00) for repeat offenses. (3) Order abatement of the nuisance in any nemer as provided in this article. (4) Assess costs of abatement against the property for collection in the same mare as property taxes. sec. 24-108. &OWICy Pbawmnt Procedure. Mien the enforcement officer deternmines that a nuisance exists on a property and the nuisance constitutes an imminent clear and calling danger to health, safety or welfare of persons a• p*aiy, the enforcerent officer is authorized to abate or have abated the nuisance without prior notice and opportunity of hearing. The costs of such action may be assessed against the property for collection in the same manner as property tax. however, prior to such assesmE nt, the city shall give a property owner notice by certified mil and the opportunity for an administrative hearing in accordare with the procedures of Section 24-105. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are W* repealed. Those are: SECTION IIT, SEVEIMILIlY: If any section, provision or part of the Ordinance shall be adjWyd to be invalid or unconstitutional, such adjuficatim shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLEW Approved as to Form 8'llm LegAl Deparlinefit IRIi4 I NOTICE 1HE CITY COLNCIL OF IOA CITY IS CMIDERING AN APPOINWff TO THE FOLLQIING CUMISSICN: HM61PG COMISSICN Ore vacancy - lkexpired term August 9, 1988 - May 1, 1989 Duties of the Housing Cmmission marbers include investigating, studying, reviewing and analyzing the housirg needs and the meeting of such needs within the City of Iaa City and investigating and deter- mining if slum areas exist or other areas riere there are unsafe, unsanitary or over-chaded homing conditions, and studying, investigating and making recomrendations relating to the clearing, replanning and construction of slum areas and providing dwelling places for elderly persons and persons of low or moderate incare. The person appointed to this position also will serve as an alternate saber of the Housing Appeals Board. Ian City appointed nerbers of boards and carmissions mist be eligible electors of the City of Iowa City. This appointment will be made at the August 9, 1988, neetirg of the City Council at 7:30 p.m. in the Council Chambers. Persons interested in being considered for this position should contact the City Cleric at the Civic Center, 410 E. WAingtm Street. Application forms are available from the C1er*1s office upon request. N August 9, 1988 HOUSING COMMISSION - One vacancy - Unexpired term August 9, 1988 - May 1, 1989 Reginald Williams 2312 bfuscatine Ave. H4W Males: 4 Females: 2 la�G - CITY OF IOWA CITY - 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/Commission vacancies 90 days prior•to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/commission 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. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY. ADVISORY BOARD/COMMISSION NAME Iowa City Hnieing Cnmmiccinn TERM NAME Reginald Williams HOME ADDRESS 2312 Muscatine Avenue #4W Is your home address (listed above) within the corporate limits of Iowa City? es OCCUPATION Draftsman EMPLOYER Hansen Lind Meyer PHONE NUMBERS: HOME None BUSINESS 354-4700 Ext. #366 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITION: Prior Commitee/Commission experience (Iowa City Committeeon Community Needs '83-'86) Though I never worked with the Housing Commission personally I had indirect experience in working with them through CCN. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Your commission administers the HUD, State 8 Local policies as pertaining to the housing code. I I WHAT CONTRIBUTIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Citizen participation in terms of involvement in and with the city and one of its commissions, working toward better community development Specific attention should be directed to possible conflict of interest 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 If you are not selected, do you want to be notified? X YES NO This application will be kept on file for 3 months. jbruSy 113 J U L 1 41988 MARIAN K. KARR�a�G CITY CLERK (3) 1 RESOLUTION NO. 88-178 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT KC -9033E (DATED 2-2-87) WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. Amendment No. 1 to Annual Contributions Contract KC -9033E in substantially the form hereto attached and marked "Exhibit All is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shall take effect immediately. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: I NAYS: ABSENT: -k— Ambrisco Courtney Dickson X Horowitz T Larson X McDonald T Strait i Resolution No. 88-178 Page 2 Passed and approved this 9th day of August 1988. YOR Approved as to Form ATTEST: /�Qd_>/! �_J yY�Y CITY LER_> K Legal Department If RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL CONTRIBUTIONS CONTRACT KC-9033 WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions ontract") with the United States of America (herein called the "Government with respect to any "Project" as defined/in the Annual Contributions Co ract and which at any time now or hereafter is incorporated under e.terms of such Contract. BE IT RESOLVED BY THE CAL AUTHORITY as follows: Section 1. Amendment N 1 to Annual Contribut'ns Contract KC-9033 in substantially the form here o attached and mar d "Exhibit A" is hereby approved and accepted both a to form and subs nce and the Mayor or Mayor i Pro tem is hereby authorized nd directed to Pecute said Contract in two copies on behalf of the Locai Authority,/And the City Clerk is hereby authorized and directed to imp ess and test the official seal of the Local Authority on each such counte} art and to forward said executed counterparts, or any of them, to he G 6ernment, together with such other documents evidencing the approval n authorizing the execution thereof as i may be required by the Government. Section 2. Whenever the follow- t ms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, all be onstrued, and are intended to have meanings as follows: (1) The term "Resolution" shall mean th Resolution. (2) All other terms u ed in this Resolu�on and which are defined in the revised Annual ontributions Contract shall have the respective meanings ascrib d thereto in the revised Annual Contributions Contract. \ Section 3. This solution shall take effect immediately. It was moved by and seconded by the Resolution bea opted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait 9 RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO ANNUAL CONTRIBUTIONS CONTRACT KC -9033 WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter into a revised contract (herein called the "Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Cont 'butions Contract and which at any time now or hereaf er is incorp ated under the terms of such Contract. BE IT RESO ED BY THE LOCAL AUTHORITY as follows: Section 1. A dment No. 2 to Annual Contributions ontract KC -9033 in substantially the form hereto attached and marked " xhibit A" is hereby approved and accep d both as to form and substanc and the Mayor or Mayor Pro tem is hereby au orized and directed to exe to said Contract in two copies on behalf of a Local Authority, an the City Clerk is hereby authorized and directed o impress and att t the official seal of the Local Authority on eac such counterp t and to forward said executed counterparts, or any of the to the Gov nment, together with such other documents evidencing the appr val and a thorizing the execution thereof as may be required by the Governm t. Section 2. Whenever the followin terms, or any of them, are used in this Resolution, the same, unless th context shall indicate another or different meaning or intent, s all b construed, and are intended to have meanings as follows: (1) The term "Resolutio ' shall mean thi Resolution. (2) All other terms sed in this Resolutio and which are defined in the revised Annual Contributions Contract shall have the respective meanings asc bed thereto in the revised Annual Contributions Contract. Section 3. T s Resolution shall take effect immed'ia It was mov by and seconded by Resolutio be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait the /ai9 a I City of Iowa City MEMORANDUM DATE: July 27, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager a. Vacation deo b. Streamlining the Housing Rehabilitation Program c. Attached Letter from Jeffery Smith iaaz Memorandum from the Director of Parks and Recreation regarding department T-shir Invitation from Iowa City Policemen's Association to the annual Benefit Dance on Friday, August 19, 1988. as 4 Calendar for August 1988. ia�s I City of Iowa City �- MEMORANDUM DATE: July 25, 1988 TO: City Council FROM: City Manager RE: Vacation 1 will be out of the office from Thursday, August 11, through Friday, August 19. Lorraine will have my itinerary. /aao 6 1 1 City of Iowa City I-- MEMORANDUM Date: July 25, 1988 To: City Council From: City Manager Re: Streamlining the Housing Rehabilitation Program As you know, we are always looking for ways to improve upon the administrative procedures that effect the community and in particular the citizens doing business with the local government. During our recent HUD monitoring visit, representatives of the HUD Omaha office suggested ways to expedite the review of rehabilitation applications. Specifically sug- gested was that these applications, which are currently reviewed by the Housing Commission, be reviewed by staff and the review by the Commission be eliminated. Historically, a City sponsored housing rehabilitation program began in the 1970s. As was done in many cities, each application was reviewed in-house by a staff committee. At that time the Housing Commission was not involved. The program for housing rehab was then discontinued tempor- arily. In late 1979 the program was reinitiated and managed by a single City staff person, Pam Barnes. At that time the Director of Housing $ Inspection Services felt that applications should be reviewed by more than one person and the Housing Commission became involved in the review process. The Housing Commission meets once a month, which can mean a delay in the approval of applications of up to one month, or longer, if the Commission would defer its decision. If there is any additional delay in the application approval, contractors are likely to take additional work and thereby may delay the rehabilitation even further. Mal 2 I believe we have considerable experience with the rehabilitation staff that now manages our program and would think the application review and approval could take place without the requirement of the Housing Commis- sion review. The staff would be responsible for keeping the Commission informed of the activities of our housing rehabilitation program by some informational effort, not unlike the information provided to you concern- ing other City operations. I believe this procedure could significantly speed up our housing rehabilitation program and better serve the citizens participating in the program far more effectively. By copy of this memorandum to the Housing Commission I seek their support for this change in operational procedure. Hopefully, they will concur with my recommendation to you. tp5-4 cc: Housing Commission Doug Boothroy Marianne Milkman Don Schmeiser Pam Barnes �a'21 I City of Iowa City MEMORANDVM DATE: July 27, 1988 TO: City Council FROM: City Manager RE: Attached Letter 1. Mr. Smith is a journalism professor. 2. His street is an old concrete street that is experiencing chipping and spelling with age. 3. I am unaware of our refusal concerning the crossing guard (Roosevent School). I J U L 2 71988 MARIAN K. KARR CITY CLERK (3) July 26, 1988 To: Members of the City Council Fm: Jeffery A. Smith 685 Brookland Park Drive I Re: Newspaper Vending Machines I agree with the view that any problems with newspaper vending machines should be resolved through self-regulation i by the publishers in consultation with city officials. Nationally, approximately ten percent of all newspapers are j purchased through such machines. I find it convenient to buy newspapers this way and would be less likely to make those purchases if I would have to stand in a line in a store. Moreover, I think that fees and restrictions might have the effect of discriminating against small alternative publications which might not gain acceptance in stores or be able to offer home delivery. As the U.S. Supreme Court's decision last month in Lakewood v. Plain Dealer reminds us, the First Amendment forbids cities to have unlimited discretion in these cases. Justice Brennan's opinion for the court stated that a distinction between distribution by machine rather than by hand was "meaningless." The press is the only private enterprise granted specific protection in the Constitution. While it seems clear from precedent that authorities may make content - neutral rules for the sake of public safety, it has not, to my knowledge, been found that cities may control newspaper i distribution in the name of aesthetic interests. As far as public safety is concerned, I believe the potholes in the street in front of my house and the refusal of the city to provide an adult crossing guard in front of !, my children's school are more of a danger. As a citizen, I care much more about freedom of the press than about the aesthetics of newspaper vending machines. I prefer to view such artifacts as part of our feisty heritage of freedom and to see city officials and publishers work together. N parks & recreation department MEMO t o : Steve Atkins from. Terry Trueblood re: Department T-shirts date: July 27, 1988 The purpose of this memo is to inform you of something new within the Parks and Recreation Department. We recently initiated a "T-shirt program," which requires all temporary maintenance workers to wear department T-shirts while on duty. This year's version is light blue in color, with the department and division name imprinted on the left chest. Although the department bears the initial cost of the shirts, the employees then purchase them from us, at approximately our cost. Full time employees are also given the option of occasionally wearing these T-shirts, as opposed to their city uniform. We felt it was important to begin such a program, because many of our temporary maintenance workers are employed in highly visible areas. The department shirts not only provide a sharper appearance, but also make it easier for the public to identify them as city employees. We plan to continue this practice, and, perhaps expand upon it. The future might see department caps, as well as a more "eye-catching" shirt for maintenance personnel. We will, of course, continue to require Recreation Division program personnel to wear department shirts, as has been the practice for several years. Any comments or suggestions you might have, would be appreciated. city of iowa city /;? ;?3 N 0 . Ukrfu We Mu RECEIVED JUL 261988 ,Ionia Citp volicenten't Az odation �I a O✓ fthl, We Will AI.W 6. Mayor John Me Donald C/o Civic Center 410 E. Washington St. Iowa City, Ia. 52240 LOCAL NO. le IOWA CITY. IOWA 522AO July 18,1988 ! Dear Mr. Mayor; The Iowa City Policemen's Association will be holding it's annual Benefit Dance on Friday August 19, 1988 at the Moose Lodge in Iowa City. I would like to extend to you and the members of the City Council an invitation to. attend the dance as our guests. The music this year will be provided by a local band called I' Dogs on Skis" and I am sure that their music will guarantee that a good time will be had by all. As you know this is one of the only fund-raising activities that our Association has each year to support our death benefit fund and also to provide funds for the local charities that we support during the year. We hope that you will show your support of us by being in attendance. S icce 1y� Dan Dreckman President Iowa City Policemen's Association CA o �. W� �^ " 9 � � om > Y•H A H a„ 0 ° cv Hw ma r W 4J H u x c a.g a$a �F a v ` K c N R •j ii R C C U E 4 H E a „ 10-H .. •.i m Y ou x W.0Y UU H 'O UI Y 01 CYN mok 0 N d CI N H W H OU41C•H W^ 0 .. W H CY d U N 'E^ •E^ y^ HO 0•H W E H^'O NUOOC rohHEHYx Y'HW S^a ar 0. w 7 w wYro w 40 NWOONmNHmU WC WEo' (OW o:w vs m NamNH U ro M UvMw E CvEa E E IIWXmxE•H a 0144 Ir 04 (D E -`O I Cti L) �moc Vuma mNM U tiEE o KWNYyyg O .UaOO U TAE EEppE NN UH Y U WWW 14H NN�V i IA HN=010 C7N W NNW NUNU£NHOHU Uk CH U Ni m J o£w mH y M S;o�a2 CH DIM N R C C rq1A W NCNA UV 015 UO H1 4 E W.. OVI H rcH s� iiH w�i•-Oi cN E u Z aeai a� N .07 0� r O m0 mu 1- ,1 aUUU mo U � Q` G U �a /aaS K A OF PRECEDING DOCUMENT AUGUST 19RR S M T • W TH f S 2 OAM-Staff Meeting (Conf Room) 4PM-Design Review •15PM-Riverfront Committee (Public Comm (Senior Ctr) Library) % 30AM-Housing /010AM-Staff Mtg Iteals Board 2-Housin (Conf Room) 6:30PM-Informal (Chambers blic Library) g Comm -SPM-Deferred ComCouncil (Conf Room) (Public Library) :30PM-Board of •30 -Resources •30PM-Council Adjustment (Chamb) Conservation Comm (Chambers) •15PM-Parks & Rao • (Public Library) Comm (Rec Center) :30PM-Historic Preservation Comm (Senior Center) l�{ 15 6 17 f9 40 OAM-Staff Meeting (Conf Room) PM -Senior Center Comm (Sr. Center) •30PM-Committee o Community Needs •30PM-Airport Co (Transit Facility) (Senior Center) :15PM-Broadband Telecommunications Comm (Chambers) 2/ •LOAM RS -Staff Meeting 6:30PH-Informal (Conf Room) Council (Chamb) •30PM-Council 4PM-Library Board (Chambers) (Public Library) R 9 ° f 6:30PM-Human RightsLOAM-Staff Meeting Comm (Sr. Center (Conf Room) 9j bidCoppeningject jJ 4 (Chambers) �h City of Iowa City MEMORANDUM July 29, 1988 TO: City Council (Memo for Record) FROM: City Manager RE: Material Sent to Council Only Memorandum from the City Manager regarding Miller -Orchard Neighborhood. Copy of letter from the City Manager to Karen Hradek and Karen Kubby regarding the Miller/Orchard neighborhood and the Benton Street Project Memorandum from the Senior Planner regarding notification of area property owners for land development projects. Copy of letter from the Department of Housing and Urban Development regarding the Cedarwood Apartments. Memo from City Atty. re University/City Chapter 28E Agreement and Acquisition of Plant Access Road(South Wastewater Treatment Facility). 0� M 9 City of Iowa City �- MEMORANDUM Date: July 28, 1988 To: City Council From: City Manager Re: Miller -Orchard Neighborhood You will receive a copy of a letter addressed to the Committee on Com- munity Needs and the Miller -Orchard neighborhood concerning a postponement in the construction of the Benton Street sanitary sewer/storm sewer/paving project. The letter is self-explanatory but basically indicates that the City has an opportunity to receive significant financial aid if we are to postpone the project until the spring of 1989. As background information, particularly for new members, I requested the staff provide me with a general overview of the Miller -Orchard neighbor- hood and their concerns about neighborhood improvements. In 1983 the Miller -Orchard neighborhood requested the City review its eligibility as a potential neighborhood improvement area, so their neighborhood could become eligible for CDBG funding for housing rehabili- tation, public improvements and a neighborhood park. A neighborhood plan and designation as a neighborhood improvement area was approved by the City Council in August 1983. The primary objectives of the neighborhood plan were as follows: 1. Providing financial assistance for housing rehabilitation and preventing neighborhood deterioration. To date six housing rehab projects have been completed at a total value of $54,000. 2. Development of the neighborhood park. (A brief history to follow.) 1a.2i/ 9 PA 3. Control flooding, drainage and open ditches along Benton Creek (the Benton Street project). 4. Improve and provide sidewalks on some neighborhood streets. The neighborhood also expressed concerns about the encroachment of apartments and the general appearance of rental units in the area. Also traffic concerns such as cut -through traffic on Hudson and Miller avenues were also addressed. With respect to the issue of the neighborhood park the Committee on Community Needs and the CDBG Division of the Department of Planning and Program Development worked on a potential acquisition of a park site in the neighborhood. Specifically, a large undeveloped parcel owned by the Ruppert family on the west side of Miller Avenue was considered. A five acre neighborhood park was envisioned. The Planning and Zoning Commis- sion and the Parks and Recreation Commission supported the development of a park in the area. In 1984 the Committee on Community Needs and the City Council approved an allocation of $42,500 for the project. The City Council also agreed that a matching sum of $42,500 from the Parkland Acquisition Fund could be used for the park. It was at that time the stumbling block occurred. The 1984 appraisal for the five acre park was $192,000. The assessment of the land was $41,300. The appraiser argues that the city could rezone the current RS -8 designation to a higher density. While the City thought this view was totally inappropriate, the appraisers continued to argue that the tract in question was the flattest and most valuable and thereby substan- tiated the appraisal value. Lengthy negotiations for the Ruppert family followed to no avail. Additionally, another $60,000 in CDBG funds was targeted in 1985, however, in early 1986 the project was given up simply due to the fact that there was insufficient financing and no apparent movement on the part of the Ruppert family. It was at that point that the $100,000 allocated for the neighborhood park was reallocated for the storm /a2G 3 drainage project, which is currently under design and to be bid in late 1988 for construction in 1989. In that the neighborhood still appears to have an interest in the neigh- borhood park and there continues to be general policy interest in improving the overall character and quality of the neighborhood, it is my intent by copy of this memorandum to the Parks and Recreation Commission to ask for their opinion as to whether we should "resurrect" this issue. I suspect we would be required to have another appraisal performed by the City and at that time would begin negotiations with the Ruppert family. Additionally, the question of whether the City Council would choose to condemn the property for a future park will also likely be raised. If you have any questions or concerns about any of these actions please contact me. tp3-2 cc: Parks and Recreation Commission Don Schmeiser Marianne Milkman Chuck Schmadeke Terry Trueblood /azo 9 MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT PLAN City of Iowa City August 1983 ia,210 0 PRELImj;P �4:'i�'1 Subject to Approval Miller/Orchard Neighborhood Improvement Plan for Iowa Chapter 403 and Community Development Block Grant Requirements Prepared by the Department of Planning & Program Development City of Iowa City August 1983 r_ Miller/Orchard Neighborhood Improvement Plan for Iowa Chapter 403 and Community Development Block Grant Requirements I. INTRODUCTION Some of Iowa City's older neighborhoods are faced with the problem of deterioration and decline. Low and moderate income home owners often find that they are unable to meet property repair and maintenance costs. Public facilities and infrastructure are often inadequate or nonexistent. Recognizing these problems, the City of Iowa City has allocated funds from its Community Development Block Grant (COBG) program for the development and implementation of a neighborhood improvement program including housing 'rehabilitation and weatherization, neighborhood site improvements, and housing code enforcement. Recently, Iowa City received funding through the Community Develop- ment Block Grant/Jobs Bill Program. A proposal was developed for the Miller/Orchard area (see Exhibit A) to become designated as a Neighborhood Improvement Area. This would result in the creation of a new neighborhood improvement area west of the Iowa River. II. OBJECTIVES OF PLAN The primary objectives in establishing this neighborhood project area are: 1. To prevent further deterioration of the area by establishing a home improvement program, and by encouraging rehabilitation and weatherization of homes through the availability of low- interest home improvement loans for low and moderate income residents. 2. To encourage the implementation of a program for the development of additional public park and recreational facilities in the area. 3. To implement a concentrated code enforcement program to improve the general upkeep and condition of both rental and owner - occupied properties. 4. To improve or construct needed public infrastructure (streets, sidewalks and storm drains). In order to achieve these objectives the City of Iowa City shall undertake the actions specified in this plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa (1983). N M III. DESCRIPTION OF THE NEIGHBORHOOD IMPROVEMENT AREA A. Boundaries of the Area The Orchard/Miller Neighborhood Improvement Area is bounded on the north by the Chicago, Rock Island & Pacific the Railroad tracks, on east by Orchard Street, on the south by the west by Greenwood Drive Highway 1 and on north of Benton and roughly the western boundary of the R1B zoning district in this area (see Exhibit B). B. Existing Land Use The nature of the existing land use within this area is basically residential. The range of uses includes single family homes, several multi -family apartment complexes north of Benton Street, one mixed commercial and residential structure, and the Roosevelt Elementary School. C. Demographic Data for the Area Population and Households - Entire Neighborhood Total Population (estimated) 670 Total # Households 320 Total # Owner -Occupied 102 % Owner -Occupied 32% Total Renter -Occupied 218 % Renter -Occupied 68% Total # Apartment Units 156 Vacancy Rate 8% % Elderly (62+) 12% % Elderly (62+) in Iowa City g%% Area South of Benton Street (major improvement area) Total Population (estimated) 261 Total # Households 115 Total Owner -Occupied 77 % Owner -Occupied 67% Total Renter -Occupied 38 % Renter -Occupied 33% Area North of Benton Street Total Population (estimated) 409 Total # Households 205 N 3 Total Owner -Occupied 25 % Owner -Occupied 12% Total N Renter -Occupied 180 % Renter -Occupied 88% Economic Data 1980 Census income information is only available for Census Tract 6 which is bounded by Highway 1, Miller Avenue and Benton Street to the south, University Heights to the west, Melrose Avenue on the north, and the Iowa River on the east side. Median Household Income for Census Tract 6 $11,067 Median Household Income for Iowa City $18,868 % Persons below Poverty Level in Census Tract 6 28% % Persons below Poverty Level in Iowa City 20% It is difficult to interpret this income data, since this census tract includes numerous apartments on Benton Street, Oakcrest Street and Woodside Drive (many of them student occupied), as well as the newer middle income homes in the western part of the tract. According to a survey mailed to area residents, 57% of the respondents indicated their incomes were at or below the income guidelines for Housing Rehabilitation and Weatherization eligibility and can be classified as low and moderate income. Approximately 66% of the apartment units in the Miller/Orchard area are rented to students who also primarily fall into the low and moderate income category. [Sources: 1. 1980 U.S. Census Data 2. R. L. Polk Directory 3. Telephone Survey Miller/Orchard Area Apartment Managers (July 1983) 4. Survey for Neighborhood Improvement in Miller/Orchard Area (July 1983)] 0. Exterior Housing Conditions and Age of Housing The results of a July 1983 exterior housing conditions survey are shown on an attached map (Exhibit C). Much of the housing exhibits minor deficiencies and the need for repairs. Census data on age of housing is only available for Census Tract 6, as a whole. Of 1625 housing units in this census tract, 126 (8%) were built before 1940, and 469 (29%) are pre -1960. Many of these older structures are in the Miller/Orchard area. E. Existing Public Facilities The two major streets serving the Miller/Orchard area, West Benton Street and Highway 1, run in an east -west direction. /az10 4 Sidewalks and curbs running parallel to West Benton are in deteriorated condition. Most residential side streets in the area lack sidewalks and curbs and are in varying states of decline. Residents of several side streets have requested additional street lights. There are also hazardous open ditches and a creek on West Benton, Douglas and Orchard Streets. Roosevelt School serves this area, but there are no public park or recreational facilities in or near the Miller/Orchard neighborhood. IV. NEIGHBORHOOD IMPROVEMENT PLAN A. OBJECTIVES The following objectives have been established for the rehabilitation of the Miller/Orchard neighborhood: 1. To create a new Miller/Orchard Neighborhood Improvement Area. 2. To upgrade and refurbish the area to eliminate blight and j blighting influences. 3. To aid low and moderate income home owners by providing Community Development Block Grant and other financial assistance for the rehabilitation of dwelling units which were previously ineligible for such assistance due to their location outside of a redevelopment or improvement area. 4. To eliminate health and safety hazards caused by substandard housing and blight, traffic congestion, open ditches and inadequate or non-existent sidewalks. S. To establish a new neighborhood park on Miller Avenue to serve this and adjoining neighborhoods, provided funds are available and appropriated for a park. B. FINANCIAL ASSISTANCE Low and moderate income home owners often find that they are unable to meet property repair and maintenance costs. This sometimes results in failure to upgrade residential structures in need of repair. The housing rehabilitation program will provide financial assistance to pay for improvements which will bring the structures up to decent, safe and sanitary conditions. The housing rehabilitation program may use grants, loans and/or other financial means which are deemed necessary and are lawful to achieve the goals of this plan. Funds for this purpose may be obtained from public and private sources as they become available. �az6 N 5 C. TECHNICAL ASSISTANCE In addition to pertinent and necessary financing services, the City will offer technical advice on necessary steps for successful rehabilitation and weatherization of homes in the area. In addition to work specified by the City's Housing Code, the housing rehabilitation program may also perform work in such areas as energy conservation, fire detection, architectural barrier removal, and others which are not specified but are considered necessary and appropriate to make a structure decent, safe and sanitary. 0. OTHER ACTIVITIES Activities carried out as part of this program may include parkland property acquisition, site improvements such as streets, sidewalks and storm drainage, concentrated code enforcement, planned neighborhood development, and/or any other activity deemed necessary and appropriate and authorized by law. Such activities would be undertaken provided there are funds available and appropriated by the City Council. E. RELOCATION No relocation of residents or businesses is anticipated. However, if such relocation should occur, the City of Iowa City will provide relocation benefits and assistance according to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable state and local laws. F. CONSISTENCY WITH COMPREHENSIVE PLAN The Miller/Orchard Neighborhood Improvement Plan is consistent with the overall short range and long range goals and the housing goals of The Comprehensive Plan for Land Use Trafficways and Commum Ly Facilities, Iowa��, Iowa opted May 30, 1978T-11to encourage the maintenance and where necessary the rehabilitation of existing housing stock." (p. 13) The Neighborhood Improvement Plan is also consistent with the housing goals stated in The Iowa City Comprehensive Plan Land Use U date 1983 "to encourage rehabilitation and reinvestment in existing neighborhoods to maintain the existing housing stock and preserve desirable neighborhood characteristics." (p. 9) EXHIBIT A .MILLER/ORCHARD NEIGHBORHOOD A&AnnAtJKf RA IJT AnOA KEY N vorNo00110oo oowi(MRIE_S ZONING ------ BOUNDARIES ;�o' R 3Q ROOSEVELT SCHOOL C2 1 EXHIBIT B MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA y C2 EXHIBIT C MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT AREA EXTERIOR HOUSING CONDITIONS Same letter to Karen Kubby July 28, 1988 Ms. Karen Hradek 924 Hudson Ave. Iowa City, Iowa 52246 Dear Karen: CITY OF IOWA CITY Recently, the City received information from the Iowa Department of Natural Resources (DNR) concerning the possible availability of several million dollars in federal financial aid for sanitary sewer construction. The state DNR has advised that these funds may not be used for any sanitary sewer construction which would occur prior to March of 1989. I have discussed this matter with our staff and the DNR officials have lead us to believe that there is a real possibility of financial assistance to the City if we were to delay the construction of certain sanitary sewers, in conjunction with our overall sanitary sewer/waste treatment plans. Accordingly, I have directed our Department of Public Works to bid the Benton Street sanitary sewer/storm sewer/paving project in the late 1988/early 1989 schedule. This bidding date will allow for an early spring 1989 construction as well as, will hopefully make the City eligible for federal financial assistance. There will also be overall community benefits in addition to the financial assistance, that being with a spring construction schedule, it is likely we will be able to finish the Benton Street project in one construction season and thereby minimize inconvenience to the residents of the area. Also, from our experience, bidding the project in the winter will generate lower prices than we might normally receive in a summer bidding schedule. Finally, we had received concerns from the Iowa Department of Transporta- tion that the Benton Street project would disrupt traffic flow during the football season and thereby they are likely to be very supportive of the revised schedule. I wish to reiterate that I recognize the priority the Miller/Orchard neighborhood, the Committee on Community Needs and the City Council have placed on the completion of the Benton Street project. The increased allocation from CDBG funds recommended by the Committee on Community Needs and approved by the City Council is reflective of the strong policy support that remains within city government for this project. CIVIC CENTER 1 410 EAST WASHINGTON STREET • IOWA CITY. IOWA S::ID • )J19) J1&.; 00 ,Ms. Karen Hradek July 28, 1988 Page 2 We will continue to keep you advised of the project planning and please feel free to direct any questions to my office and/or the Director of Public Works. Your patience is appreciated and you will hopefully agree that the opportunity to secure significant financial assistance outweighs the temporary delay in construction. Sincerely yours, Stephe At ' City Ma ager cc: Committee on Community Needs City Council Chuck Schmadeke Don Schmeiser Marianne Milkman Melody Rockwell Rick Fosse bJ/Pc2 City of Iowa City MEMORANDUM Date: July 28, 1988 To: City Council From: Karin Franklin, Senior Planne 4 Re: Notification of Area Property Owners for Land Development Projects During discussion of the rezoning of properties on Lower Muscatine Road, the Council expressed some concern regarding adequate notification of residents in the area of a rezoning. The staff shares your concern and suggests that the following practice be adopted. For all rezoning actions, the person requesting a change in the zoning will be required to submit to the City planning staff a list of all property owners within 200 feet of the affected property (the 200 feet is derived from the State statutory definition of those who can trigger an extraordinary majority vote of the Council). The staff will send a letter to each of the property owners informing them of the proposal and the first meeting at which the Planning and Zoning Commission will consider the rezoning request. This notification will be in addition to posting a sign on the property to be rezoned and publishing a legal notice in the newspaper. The largest expense to the City for this additional notifica- tion step will be the postage required for mailing; cost of one mailing for the Lower Muscatine rezoning would have been approximately $7.00. This notification process is the same as that currently used for Board of Adjustment actions. We would also suggest that we begin posting signs on property to be subdivided. We currently place signs only on properties under Board of Adjustment consideration and properties subject to large scale development review. The staff will begin these new notification procedures for the September 1 meeting of the Planning and Zoning Commission unless the Council directs us to do otherwise. bj/pc2 /aa9 6 BECEIVEOJUL 281988 •�'Ji U.S. Department of Housing and Urban Development a, , Des Moines Office, Region VII f% Federal Building „ 210 Walnut Street, Room 259 Des Moines, Iowa 50309.2155 July 26, 1988 Honorable John McDonald Mayor, City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor: Thank you for your letter of July 21, 1988 concerning the conversion of a unit in Cedarwood Apartments into a neighborhood center. As you are aware, when this complex was developed the entire 64 units were to be utilized as subsidized units under the Section 8 program. The owners of the complex were required to enter into a Housing Assistance Payments Contract with HUD. This contract requires that all of the units be leased to very low income tenants. The only exception to this requirement is that units may be utilized for project personnel necessary for the operations of the project. Upon receipt of your letter I requested that a member of my staff contact our Central office to determine if a waiver could be obtained to convert a Section 8 unit into a community center. We were advised that headquarters would not approve such a waiver. This, of course, has not been confirmed in writing but I have no reason to believe that a written response would be any different. If the project owners wish to pursue this matter we will forward their request to our headquarters office for a formal response. cc: Heartland Management Sincerely, /Q"/'� Jerry, L. Bauer Manager 4 ��Uc rny� , M/1 �Qiro-e t7lcortr�� iaa9 City of Iowa City MEMORANDUM Date: July 29, 1988 To: Mayor John McDonald and City Councilmem From: Terrence L. Timmins, City Attorney Re: 1. University/City Chapter 28E Agreement 2. Acquisition of Plant Access Road 1. A final draft of the Chapter 28E Agreement between the University and City for development of the joint parking, chilled water, and water storage facility is attached for your review. This draft incorporates all changes requested by University representatives Dick Gibson and Susan Maske in a telephone conference on Tuesday afternoon, July 26. Ms. Maske indicated, however, that other University staffers had to review it and may have other changes to suggest. I sent a copy of this draft to Ms. Maske and explained that it had to be in final form by August 9 if the Council was going to approve it at its first meeting in August. I also requested that the University provide the legal descriptions required in Exhibit A to the Agreement by August 4th, so that they could be incorporated in time for Council action on August 9th. The City has completed the acquisition of the Plant Access Road for the South Wastewater Treatment Plant. The strip of land for that road across Mr. Kroeze's property (Pleasant Valley) was acquired by condemnation proceedings held on Wednesday, July 20. The City's final offer, based on our appraisal, was in the amount of $9,500, which would have included compensation to Mr. Kroeze as owner and to his tenant for crop loss. The compensation commission awarded $9,500 to Mr. Kroeze, and $800 to his tenant. On Thursday, July 28, two condemnation proceedings were held to condemn a strip of land across properties owned by Kent Braverman. Two condemnations were necessary because Mr. Braverman owns part of that land in fee, and is purchasing part on contract. The City's final offer, based again on our appraisal, was in the amount of $8,800, which included compensation to the owner and to the tenant for crop loss. Those two commissions awarded a total of $9,000, of which $8,400 was allocated to Mr. Braverman, and $600 to his tenant. City warrants payable to those parties in those amounts were deposited with the Johnson County Sheriff on Friday, July 29, which entitles the City to possession of the properties condemned. City personnel and the City's surveying contractor were on the site on that date making preparation for construction of the plant access road. bdw5-7 Attachment /a,30 CHAPTER 28E AGREEMENT Between the City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy, Management and Operation of a Parking Garage and Chilled Water Facility and a Water Storage Facility Witnesseth: WHEREAS, the Iowa State Board of Regents has determined that the University of Iowa is in need of a parking garage and chilled water facility to service its North Campus, which facility is to be located upon University -owned property and City -owned street right-of-way in and adjacent to a block of property immediately adjacent to the City's Water Treatment Plant; and WHEREAS, the City Council of the City of Iowa City has determined that the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University parking and chilled water facility and a City water storage facility, which facilities will be constructed by the University under a single contract or set of contracts on the site proposed by the University; and WHEREAS, City and University staff members negotiated and prepared this Agreement addressing the design, construction, ownership, and operation of such facilities and the allocation of design and construction costs there- for between the City and the University. NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the State Board of Regents, acting on behalf of the University of Iowa (hereinafter "the University") do hereby agree as follows: Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa. 1. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise their respective powers to finance, develop, construct, own, operate and manage a public improvement, to -wit, facilities for the parking of vehicles, the generation of chilled water for cooling buildings, and a nominal one million gallon storage tank for potable water supply, hereinafter referred to as "the facilities." 2. The Vice President for Finance and University Services of the University of Iowa or her designee shall be designated as the administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, and the Vice President or her designee shall administer the contracts for the design and construction of the facilities. 3. The development and construction of the facilities shall be jointly financed by the City and the University as provided in Part II hereof, and the operation and management of the facility shall be jointly funded by them as provided in Part III hereof. 4. The facilities shall be constructed and located upon the property described in Exhibit A hereto which is property owned in part by the University and in part by the City of Iowa City, that the City -owned property involved shall be conveyed to the University of Iowa as provided in Part II hereof, subject to certain rights and interests reserved and granted to the City of Iowa City as provided in Part II hereof. The parties further agree that the City's water storage facility shall be constructed as part of the facilities on that portion of the property described in Exhibit A. Part II - Development and Construction of the Facilities. 1. Contracts for the Design and Construction of the Facilities. The parties hereby agree that the University will contract for the design and construction of the facilities. The plans and specifica- tions incorporating the design of the facilities will be in substantial conformance with the preliminary conceptual design prepared by Herbert Lewis Kruse & Blunck Architecture, the University's project consultant and architect, as set forth in their feasibility study, dated February 24, 1988, which is incorporated herein by reference. 2. City's Review and Approval of Plans and Contribution of its Share of Design Costs. The City shall have the right to review and approve that portion of the plans, specifications, form of contract, and estimate of costs having to do with the water storage facility, such determination of approval to be given within fifteen (15) days of submission of same. If the final design of the water storage facility as reflected in the plans and specifications is in substantial conformance with the preliminary conceptual design, or is otherwise acceptable to the City, and if the estimate of costs for construction of the City's water storage facility is in substantial conformance with the preliminary estimate of $550,000 developed in conjunction with the feasibility study, then in that event the City shall be required to approve same within ten (10) days from submission thereof to the City by the University. The estimate of costs shall separately identify the estimated cost to construct the University's chilled water facility and parking garage, and the City's water storage facility. The City shall pay its share of the design costs incurred by the University. The University shall, from time to time appropriate to the progress of the project, submit to the City itemized applications for payment and supporting documents substantiating the expenditure by the University, and the City shall promptly reimburse the University the portion of the University's costs which are attri- butable to the water storage facility. The City's share of costs for the design, construction bidding and negotiating, preparation of bid documents, and construction observation by the project consultant and /a 36 architect for the water storage facility portion of the facilities shall not exceed $45,400.00. 3. University's Competitive Bid Process. 5. The University agrees that, after it has approved the plans and specifications, form of contract, and estimate of costs pursuant to Chapter 262 of the Code of Iowa, it will secure a bid or bids for construction of the facilities. The University shall have sole responsibility for the competitive bid and contract award process, which process shall be conducted in conformance with Iowa State Board of Regents rules and procedures governing such matters. After bids are received and opened, the University shall furnish the City with a tabulation of all bids received. University's Award of Construction Contract - City's Costs. The parties agree that the University will accept a bid or bids for construction of the facility and will take appropriate action on the bid or bids in accordance with the rules and procedures of the Iowa State Board of Regents. The parties hereby understand that the City has agreed to a maximum dollar commitment on the construction costs of $550,000, exclusive of any extra work orders pertaining to the water storage facilities. If the dollar value of the work pertaining to the water storage facility exceeds the City's maximum dollar commitment,the City may review the bid and determine whether it desires to proceed with the construction. If it elects not to proceed with the construction project, the City may terminate this agreement as set forth in Section III, subsection 2 and will be liable to the University for the reasonable costs associated with the redesign and rebidding of the project to eliminate the water storage facility from the project. The City agrees that, upon the University's award of a contract or contracts for construction of the facilities, including the City's water storage facility, the City shall be obligated to contribute to the University a sum equal to the bid price of the construction bid accepted, multiplied by the City's construction cost share percen- tage, said sum to be paid in payments as provided in Section 6. The City further agrees that, upon the University's award of a contract or contracts for construction of the facilities, or for construction of the parking and chilled water facility only, the City shall be obligated to convey to the University the following interests in the following properties: (a) fee title to the East 10' of the West 20' of Capitol Street from the South line of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. 88- �a30 4 (b) fee title to the North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; (c) fee title to the South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment plant property) and the West line of Capitol Street; (d) fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the West line of Lots 2 and 3 in said block; (e) a temporary construction easement in the East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88 - from the South line of Davenport Street to the North line of Bloomington Street; (f) a temporary construction easement in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; (g) a 10' wide easement for the installation and maintenance of University utilities in vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition; (h) an easement for a 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof; (i) an easement for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treat- ment Plant, reserving to the City an unrestricted right of access thereto; all as per Exhibits B, C, D, E and F attached hereto and made a part hereof. The parties hereby agree that the location of the easements for the fire lane and for the chilled water lines within the vacated portion of Bloomington Street shall be subject to the approval of the City Public Works Director. With respect to the fire lane and utility easement conveyances in the vacated portion of Bloomington Street, it is agreed that the exact description of the properties to be conveyed will be determined at a later date. With respect to the fire lane easement in vacated Bloomington Street, the University agrees to construct a fire lane having a driveable Ia30 surface of a width and utilizing materials approved by the Chief of the Iowa City Fire Department, and agrees to maintain said fire lane in an accessible condition for Fire Department apparatus. The University further agrees to surface and/or landscape the remainder of the vacated Bloomington Street right-of-way, and to maintain same in an appropriate condition. The University agrees to convey to the City, concurrently with the City's conveyances as indicated above, (a) utility easement for two existiStreet,�g(b)aaeutilitysin veasementcbetweenathepwatertstorages facilityiand the City Water Treatment Plant for piping and necessary appurtenances; and (c) an easement for access to the water storage facility for operation, maintenance, and repair, all as per Exhibit F hereto. The University further agrees to take, and to cause its construction contractor to take, reasonable precaution during the construction of the facilities to protect and preserve the said water mains in vacated Davenport Street from disturbance or damage. 6. Calculatinn of r;r,. The City's construction cost share percentage for the base contract shall be calculated as follows: Iowa City's construction cost share percentage = the estimated cost to construct the City's water storage facility ; the total estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. The University's construction cost share shall be calculated as follows: University's construction cost share percentage = the estimated cost to construct the Combined Use Facility less H the estimated cost to construct the City's water storage facility the estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. The University shall pay the full amount of each progress payment to the construction contractor, after review and approval thereof by the University. The City's contribution to the cost of construction shall be paid as follows: (a) Periodic progress payments: Each payment from the City shall be due and payable fifteen (15) days after receipt of the contractor's pay estimate from the University accompanied by a statement of charges and supporting documents substantiating the expenditures, as per paragraph 2, here and above. The progress payments will be based upon a schedule of values submitted by the contractor. The City will have an opportunity to review and 1,R30 6 comment upon the contractor's schedule of values before it is approved by the University. (b) A final payment as per the final accounting pursuant to para- graph 12 hereinbelow. (c) Change order payments as per paragraph 8 hereinbelow. The City's project representative shall process all periodic progress payments on behalf of the City. 7. City's Pr2ject Representative - City's Right of Access to Construc- tion Site. The City hereby designates its Public Works Director as its project representative to act on its behalf during the construction phase for purposes hereafter specified. The City's project representative, or his designee, shall be entitled to access to the construction site at all reasonable times to determine the progress of construction and its conformance with the plans and specifications, and to make inspections and tests for said purposes, provided, however, that nothing herein shall affect the right of the University or relieve the University of its obligation to administer the construction contract and to inspect the work as "owner" of the project under the construction contract, pursuant to paragraph 9 hereof. 8. Change Orders to Construction Contract - Allocation of Costs Between City and University. It is agreed by the University and the City that change orders affecting the construction of the facilities may arise and each party shall be responsible for paying its share of the increased costs as determined by the project consultant and architect, Herbert Lewis Kruse Blunck Architecture. All change orders to the construction contract, which materially affect the water storage tank or appurtenant piping or facilities, or which would increase the overall cost of the project to the City, shall be submitted to the City for approval or disapproval. The City shall approve or disapprove all such change orders submitted by the University in writing within seven (7) working days after their submission. If the City fails to respond within said seven (7) day period, the City shall be deemed to have approved the change order. As to any change order which results in additional cost to the project, the City shall be required to pay such additional cost if the change order pertains to the water storage tank or appurtenant piping or facilities; provided, however, if such change order pertains to the University's parking garage or chilled water facility, but is necessary to accommodate the construction of the City's water storage facility, the City shall be required to pay its share of the additional cost of such change order. If such change order pertains only to the University's parking or chilled water facility, the City shall not be required to contribute to the additional cost of such change order. Any costs associated with change orders for the City shall be paid in addition to payments made la 36 as per the base contract formula set forth in paragraph 6 herein- above. City and University Obligations with Respect to Construction. The City shall obtain all necessary permits to construct and operate the water storage facility. The University shall, as "owner" under the construction contract, administer and manage the construction of the facilities according to Iowa State Board of Regents Rules and Procedures. The City shall have access to all test -data of construction materials and methods compiled by the University. The University agrees to make all such materials available to the City upon request. The University shall provide to the City after completion of construction of the facilities copies of "shop drawings" and "as - built" drawings for the water storage facility and its appurtenant wiring, piping and equipment and the City shall pay for any costs associated with the preparation of "as -built" drawings. The University or its contractor shall effectuate all relocations, alterations, adjustments or removal of utility facilities, including power, telephone lines, water mains and hydrants, curb boxes, storm and sanitary sewers, utility poles, steam lines, gas lines and all related installations and appurtenances, whether privately or publicly owned; shall effectuate the removal and replacement of all parking meters, traffic signs, pavement and sidewalk, and other facilities which are located within the limits of construction or which are otherwise affected by the construction of the project; and shall place and maintain traffic control devices, signing, pavement markings, barricading, and fencing around the site during construction. The City shall pay the University's costs for inspection and admini- stration of the construction of the water storage facility portion of the facilities. The University's costs for construction inspection of the water storage facility portion of the facilities shall not exceed the amount of $17,000. The City shall pay that amount to the University in installments to accompany each periodic progress payment. The amount of each such payment for cost of inspection shall be in the same proportion to the above amount as the periodic progress payment bears to the City's total share of the contracted construction cost for the project, with the final payment therefor to be computed and paid as provided in Part 11, paragraphs 12 and 13. The University's cost for administration of construction of the water storage facility portion of the facilities shall not exceed the amount of $3,000. The City shall pay that amount to the University within 30 days after final acceptance of the facilities by the City and the University as provided in Part II, paragraph 10. ia3o 10. Inspection and Acceptance of the Facilities. Upon certification by the contractor that construction has been completed, City and University representatives shall inspect the facilities. Said representatives shall jointly prepare the "punch list" for final contractor action prior to formal acceptance. Upon determination by said representatives that construction of the facilities is complete and should be accepted, the University shall by formal action approve and accept the facilities as complete. 11. University's Final Accounting of Construction and Construction Inspection Costs - City's Final Payment. Upon completion of the facilities, the University shall make a final accounting of all costs which it has incurred under the contract(s) for the construction of the facilities. Said accounting shall show (a) the total amount of all progress payments made to the contractor(s); (b) all periodic progress payments made by the City and by the University; (c) the total amount of construction inspec- tion costs paid by the City; and (d) the amount of construction inspection costs remaining unpaid. The University shall make a final accounting of all amounts due and owned by the City and shall submit it to the City. The City's final payment shall be due and payable within 30 days of the University's submission of the final accounting to the City. 12. Requirements of Law. The parties agree that the University shall, at its own cost and expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. The parties agree that the City shall, at its own cost and expense, promptly observe and comply with all present and future laws, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. Part III - Use, Occupancy, Management and Operation of the Facilities. Grant of Right to Use and Occupy. In consideration of the City's conveyance of property for the facilities, its contribution to the cost of construction and its commitment to contribute to the ongoing costs of operation and maintenance of the facilities as hereafter provided, the University grants to the City the right to use and occupy the water storage facility portion of the facilities, as hereafter provided. The parties agree that the City shall have the exclusive right to use and occupy the water storage facility for storage of potable water. /a3o E 2. Premises and Term. The University hereby agrees that the City shall, during the term of this Agreement, have the right to use and occupy the water storage facility for the purposes hereafter provided. The City's right to use and occupy the water storage facility shall commence upon completion of the facilities by the University's contractor, as provided in Part II, paragraph 10 hereof. This Agreement and the City's right to use and occupy the premises shall terminate on December 31, 2038, and the City will vacated the premises; provided, however, if the City desires to extend its use of the facilities, the City shall give the University 180 days prior written notice of its interest in continuing use of the water storage facility, at which time the University and the City will negotiate a renewal term for the City's continued use of said facility, unless such renewal will impede or impair the University's use of its property. The City shall, upon 180 days prior written notice, have the right to abandon its use and occupancy of the water storage facility. 3. Possession and Use of Premises. The parties agree that the University's use of the premises will consist, initially, of parking for vehicles and the generation of chilled water for University buildings, that the City will use the water storage tank portion of the facilities for the storage of i potable water, and that upon completion and acceptance of the facilities, the University shall be entitled to utilize the top surface of the water storage facility for University recreational uses. Upon establishing recreational usage of said top surface, the University shall assume the care, custody, and control of the top surface for said recreational purposes. I i 4. Operation and Maintenance. The University shall have responsibility for the proper and prudent operation and maintenance of the parking garage and chilled water facility, and for the grounds. The City shall have responsibility for the proper and prudent operation and maintenance of the water storage facility portion of the facilities, under all applicable laws, rules, and regulations. As to structures, appurtenances, and equipment which serve, support, or protect both the City's water storage facility and the University's parking garage and/or chilled water facility, the parties agree to share costs for the maintenance and repair thereof. Such costs shall be shared in the same proportion with each party's cost share percentage thereof computed as provided in Part II, paragraph 6 above. /a3o 10 Part IV - General Provisions. 1. Dispute Resolution - Arbitration. The University and the City agree that any dispute arising between them in the application or interpretation of this Agreement may be submitted to arbitration on the request of either the University or the City. Any request for arbitration from one party to the other must be in writing. Upon receipt of a request for arbitration, the parties shall sign and acknowledge a written agreement specifying which demands are to be submitted to the arbitrators, and the arbitration proceeding shall be limited to such demands. (a) If the parties agree, there may be one arbitrator; otherwise there shall be three, one named in writing by each part to this Contract and the third chosen by these two arbitrators. If they fail to select a third within fifteen days, then such arbitrator shall be chosen by the presiding officer of the state or county bar association nearest to the location of the work Should the party requesting arbitration fail to name an arbitrator within ten days of its demand, its right to arbitra- tion shall lapse. Should the other party fail to choose an arbitrator within the said ten days, then such presiding officer shall appoint such arbitrator. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. (b) No one shall be qualified to act as an arbitrator for whom serving in such a role would create a conflict of interest. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. (c) If there be one arbitrator, the award shall be binding; if three, the award of any two shall be binding and may be impeached only for fraud or mistake. Such award shall be a condition precedent to any right of legal action. (d) The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the arbitration and, if the arbitration was taken without reasonable cause, damages for delay. (e) The costs of arbitration shall be shared equally by the parties. (f) The award of the arbitrators shall be in writing and it shall not be open to objection on account of the form of the proceeding or the award. 2. Declaration of Default and Notice; Remedies Upon Default. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the /a 30 11 aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of default to correct the default. If at the end of said 30 -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including termination of this Agreement. 3. Effect of Termination or Abandonment. In the event that this Agreement is terminated as provided in Part IV, paragraph 2, or as provided in Part III, paragraph 2, or in the event the City abandons the water storage facility as provided in Part III, paragraph 2, then in those events the City's right to use and occupy the water storage facility shall cease, the City's utility easement between the water storage facility and the City Water Treatment Plant, as per Exhibit F, shall extinguish, and the University shall assume full responsibility for the operation and maintenance of that property and those facilities. Liability and Insurance. The University agrees to assume responsibility for property losses and personal injuries arising out of its use of the facilities which are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "Tort Claims," and according to the procedures set forth therein. The City agrees to assume responsibility for property losses and personal injuries arising out of its use of the water storage facility which are incurred by reason of the negligence of the City or its agents or employees to the full extent permitted by Chapter 613A of the Code of Iowa, entitled "Tort Liability of Governmental Subdivisions," and according to the procedures set forth therein. The parties agree that the University shall maintain property insurance on the chilled water and parking garage facilities, as appropriate according to University policies and procedures. The University's property insurance does not and will not cover the City's water storage facility, and the City shall be responsible for all such losses to the water storage facility. The parties agree that the City shall maintain property insurance on the water storage facility, as appropriate according to City policies and procedures. The City's property insurance does not and will not cover the University's parking garage or chilled water generation facility, and the University shall be responsible for all such losses to the parking garage and chilled water generation facility. 12 5. Captions The captions of the various articles of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of this Agreement, nor in any way affect this Agreement. EXHIBIT A PROPERTY DESCRIPTIONS 1. Description of property (City and University) upon which the Combined Use Facility is to be constructed. (Description to be provided) 2. Description of property within the Combined Use Facility where the City's water storage facility will be located. (Description to be provided) ■ r Exhibit B KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a municipal corporation, in consideration of $1.00 and other good and valuable consideration in hand paid do hereby Quit Claim unto The University of Iowa, all our right, title, interest, estate, claim and demand in the following -described real estate situated in Johnson County, Iowa, to -wit: 1. The West 20' of Capitol Street from the South line of Davenport Street to the North line of Bloomington Street, vacated pursuant to City Ordinance No. 88- ; 2. The North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; 3. The South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line of City Water Treatment plant property) and the West line of Capitol Street; 4. That portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the West line of Lots 2 and 3 in said block; all in Iowa City, Johnson County, Iowa. Dated this day of 19 GRANTOR CITY OF IOWA CITY, IOWA By: John McDonald, Mayor ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 19 before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of 19 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said County and State 9 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT WITNESSETH: WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey temporary construction easements to the University to accommodate the University's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar (;1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, an easement and right of entry and encroachment, for purposes of constructing the facilities described in the preamble hereof, over the following described real estate: I. The East 20' of the West 40' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88- , from the South line of Davenport Street to the North line of Bloomington Street; and 2. The City Water Treatment Plant drive, located on the east 17' of Lots 6 and 7 in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; all of said property located in Iowa City, Johnson County, Iowa. This grant conveys to the University of Iowa, its agents, employees, and contractors employed for the construction of said facilities, the right to enter and encroach upon the real estate described during the term of the easement for the purpose of constructing and installing the improvements or structures related to the facilities, and may include storage of equipment or materials on said real estate. The temporary construction easement in and to the Water Treatment Plant drive hereinabove granted is subject to the City's continued right -of. access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Equipment or materials shall not be stored in said drive so as to interfere with such access. The term of the temporary construction easement will be for the period of time required by the Grantee to complete the construction of the sanitary sewer, but in no event shall the duration of the temporary easement extend beyond 1 Dated this day of , 19_. GRANTOR CITY OF IOWA CITY, IOWA By: John McDonald, Mayor ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 19 before me, a Notary Public in and or the State of Iowa, personay appeared Jon McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Rol Cal No. of the City Council on the--- -- day of , 19 , and that John McDonald aMarian K. Karr acknowledgedt e execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in an for -said County and State GRANTEE'S ACCEPTANCE By: ATTEST: /a3o 9 9 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) j (UNIVERSITY ACKNOWLEDGEMENT) Exhibit D Deed of Conveyance of Utility Easement Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, the City is required pursuant to said Agreement to convey a utility easement to the University to accommodate the University's i construction of said facilities. i NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, an easement described as follows: A 10' wide easement for the installation and maintenance of University utilities in vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition, said easement to be centered on a livedescribed as follows: (description to be provided at a later date). Dated this day of GRANTOR CITY OF IOWA CITY, IOWA By: John McDonald, Mayor ATTEST: By: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 19 On this day of , 19 , before me, , a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of 19 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said County and State /,g-? 36 9 GRANTEE'S ACCEPTANCE By: ATTEST: By: (University acknowledgement) 2 Exhibit E Fire Lane Easement Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and i WHEREAS, the City is required pursuant to said Agreement to convey fire lane easements to the University to accommodate the University's use of said facilities. I NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby grant and convey unto the University of Iowa, as Grantee, easements for fire lanes to serve University buildings, as follows: 1. A 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point 140' East thereof, said easement to be centered upon a line described as follows: (description to be provided at a later date); and 2. A fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant, reserving to the City an unrestricted right of access thereto; The fire lane easement in and to the Water Treatment Plant drive herein- above granted is subject to the City's continued right -of -access to the entire drive for purposes of operating its water treatment plant, and includes unrestricted access by City suppliers. Dated this day of 19 GRANTOR CITY OF IOWA CITY, IOWA By: John McDonald, Mayor ATTEST: By: Marian K. Karr, City Clerk a 2 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of 19 before me, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of 19 , and that John McDonald and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for said County and State GRANTEE'S ACCEPTANCE By: ATTEST: By: (University acknowledgement) �a3d B Exhibit F Deed of Conveyance of Utility Easements Witnesseth: WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have entered into a Chapter 28E Agreement providing for the joint development, use, occupancy, management, and operation of a University parking garage and chilled water facility and a City water storage facility on a site in the East half of Block 100, Original Town Addition in Iowa City, Johnson County, Iowa; and WHEREAS, The University is required pursuant to said Agreement to convey easements to the City to accommodate the City's construction of said facilities. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, The University of Iowa, Grantor herein, does hereby grant and convey unto the City of Iowa City, Iowa, as Grantee, utility easements upon and over the following -described real estate: 1. A d O ' wide easement for two existing water mains in vacated Davenport Street between the West line of Capitol Street and the East line of Madison Street, centered on a line described as follows: (description to be provided at a later date). 2. A ' wide easement for water piping and appurtenances between the City Water Treatment Plant and a City water storage tank, said easement to be centered upon a line described as follows: (descrip- tion to be provided at a later date). 3. An easement upon Lots 3 and 4, Block 100, Original Town Addition, for access to the City water storage facility and appurtenant piping and facilities located thereon, for purpose of operating, monitoring, maintaining, and repairing the said water storage facility and its appurtenances; all located in Iowa City, Johnson County, Iowa. Dated this day of GRANTOR THE UNIVERSITY OF IOWA By: ATTEST: By: (University acknowledgement) , 19 I City of Iowa City MEMORANDUM DATE: August 2, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager: a. Pending Development Issues /a 3/ b. Committee on Health Care - Chamber of Commerce c. Neighborhood Sewers Update ia3: d. Advertising Agreement - Transit System ia3s Letter from Renee Jedlicka of the Convention and Visitors Bureau expressing appreciation for the additional appropriation. /A 35 Copy of letter from Iowa City Swim Club to Michael Moran regarding the swim meet held at the new Mercer Pool. /a3 G Letter from Department of Economic Development regarding summary of monotoring visit. /137 Copy of Highlights from the University of Iowa. /a3 B Copy of letter from Five River Carpenter District Council regarding registration of construction contractors doing work within the State of Iowa. 1a3 Invitation to Labor Day Celebration from AFSCME. /07 Y0 Monthly Progress Report, WASTEWATER TREATMENT FACILITIES from Stanley Consultants N City of Iowa City MEMORANDUM August 1, 1988 TO: City Council FROM: City Manager RE: Pending Development Issues Board of Adjustment: 1. An application submitted by Expressstop to modify the sign ordinance requirements of the CH -1 Zone for property located at 2545 North Dodge. 2. An application submitted by Northgate Development Company to permit a child care facility use in the CO -1 Zone for property located at 2717 Northgate Drive. 3. An application submitted by Marty Lantz and Gary Hamdorf to allow an auto and truck oriented use in the CC -2 zone for property located at 1455 South First Avenue. 9 City of Iowa City MEMORANDUM Date: August 2, 1988 To: City Council From: City Manager Re: Committee on Health Care - Chamber of Commerce I was recently appointed to the Chamber's newly -created Committee on Health Care. The purpose of the Committee is well outlined in the attachment but primarily is an effort on the part of the Chamber to promote and generally enhance the awareness of the health care industry and its effect on Iowa City. Specifically, I believe there are some unique opportunities for my involvement in this Committee, due to the fact that this component of our economy is growing dramatically and spin-off of economic development benefits are likely to occur. Also, it does provide a different perspective as I become more involved with the University community. If you ever have any suggestions concerning the City's involvement in this Committee, and/or would like any additional information, please let me know. We have just concluded our first official meeting and will likely be meeting on a monthly basis. SJA/sp/PC-3 Y March 11, 1988 Mr. Jerry Meis, President Greater Iowa City Area Chamber of Commerce 328 East Washington Iowa City, Iowa 52240 Attachment II RE: PROPOSAL FOR ESTABLISHING A GREATER IOWA CITY AREA CHAMBER OF COMMERCE COMMITTEE ON HEALTH CARE Dear Jerry: In accord with its charge, the Task Force on Health Care is pleased to present the following proposal for establishing a Greater Iowa City Area Chamber of Commerce Committee on Health Care. As you know, health care services in Iowa City have traditionally been recognized as among the best in the nation. In developing this proposal, the Task Force reviewed data on Iowa City's hospitals which demonstrates that health care is the community's largest industry and has a very significant impact on its economy. A summary of these facts is presented below: The University of Iowa Hospitals and Clinics (UIHC), serves as Iowa's Comprehensive Tertiary Care Referral Center caring for patients from every Iowa county, other states and countries. Approximately 90% of these patients come from outside Johnson Co. This past year, 34,500 patients were admitted to the UIHC and 382,000 patients were cared for in clinics. The UIHC also trains over 2,300 health science students in -35 -programs each year and serves as a major center for clinical research and development. These UIHC programs plus huge investments in modern technology and facilities have a major economic impact on the greater Iowa City community. For example: o With 6,968 staff including 1,117 doctors in 125 specialties and subspecialties, the UIHC is Iowa City's largest employer and pays almost 30% of all salaries/wages in Johnson Co. o The current operating budget for the UIHC is approximately $198 million and an additional $30 million in annual capital expenditures (4234 million since 1970 and none from state taxes) is invested in phased replacement of outmoded facilities and in acquisition of new technology. o The annual take home payroll of UIHC staff residing in Johnson Co. ($99.6 million), putt ase of goods and services from Johnson Co. businesses by the UIHC ($13.3 million) and by contractors for UIHC construction protects ($5.6 million) totals $118.5 million. Through the "multiplier effect." (per Barnard & Boe) these expenditures annually genrrate $178 million of income within our community. /a 3.z - L - UIHC expenditures (per U.S. Chamber of Commerce estimates) also generated $81 million in retail sales, $70 million in bank deposits and 3,300 jobs in the Iowa City/Johnson Co. business sector; and it is estimated that UIHC patient and visitor expenditures within our community for motels, meals and service station products amounted to over $9 million. The Iowa City Veterans Administration Medical Center is a 327 bed acute care center, teaching hospital, and research facility offering a full range of medical, surgical. neurological, and acute psychiatric services. The annual budget is in excess of $50 million and is the second largest employer in Iowa City. The medical center currently employes approximately 1,290 full - and part-time employees. In addition tot he annual budget, there is currently underway a $20 million ambulatory care clinical addition project with an additional $20 million in new equipment. The addition, which started in October, 1985, is scheduled for completion in 1990. The medical center delivers health care in an area which includes 32 counties in Eastern Iowa and 16 counties in Western Illinois. The total veteran population of this area is approximately 226,000. The VA Medical Center in Iowa City has numerous formal affiliations with various universities and community colleges throughout the country; most notable is the affiliation with the University of Iowa. As a result of this affiliation, residency training is provided for approximately 92 medical, surgical, psychiatric, and dental residents in over 30 specialties and subspecialties each year. The medical center. is also very involved in medical research, experiencing a steady growth since 1970. This growth has fostered a mutually beneficial affiliation with the University of Iowa College of Medicine. The research program has been instrumental in recruiting an outstanding clinical staff to the medical center. Currently, the medical center has 150 VA research investigators supported by a budget in excess of $10 million. Mercy Hospital provides acute inpatient and outpatient care as well as health promotion services to a nine -county referral area in Southeast Iowa. Mercy (and its network of private doctors and dentists) is a magnet which draws repeat visitors to the Iowa City community. More than half of Mercy's patients come from outside of Johnson County and 65% come from outside of Iowa City/Coralville. With 10,000 inpatients and 60,000 occasions of outpatient service annually, there is continual benefit to the local economy from these regional, repeat visitors. In addition, more than 1,000 people a day visit the private practice Iowa City offices of Mercy's medical staff. Also, as the city's second largest private employer, Mercy's $14 million payroll significantly impacts the local economy, and Mercy annually spends almost $2 million with 93 local businesses providing essential items and services. To recognize and support this important sector of Iowa City's economy, and to provide a mechanism for the health sector to assist and support other / "? 3 )- -3 - dimensions of the greater Iowa City area and vital community programs, the Task Force recommends that the Greater Iowa City Area Chamber of Commerce establish a standing Committee on Health Care. The proposed missions which this committee would serve, the order in which they would be addressed, and the membership proposed for this committee are presented below: PROPOSED MISSION FOR THE COMMITTEE ON HEALTH CARE The Task Force reviewed and refined a preliminary list of possible missions for the Committee plus others which were developed by the Task Force and received as suggestions from members of the Chamber's Economic Development Committee. The Task Force ultimately determined that the missions which the Committee would pursue could best be grouped in four categories. These are presented below along with the specific missions that the Task Force would serve in each category. Information Recognition and Community Support o o 0 o o 0 n I o 0 Enhancing awareness of the missions of Iowa City's hospitals and other components of the health care sector among members of the greater Iowa Citv community. Recognizing the important contributions of Iowa City's health care sector to the local and State of Iowa economies. Conducting surveys to document and establish a profile of Iowa City's health care sector. Facilitating the flow of information on Iowa City businesses, transpor- tation services and community resources to hospital patients, visitors, staff and conference attendees. Providing a unified health sector voice to support existing community businesses, services and special activities. Recognizing the important contributions of health care professionals to the local community in conjunction with national or statewide recognition events or as indicated by special circumstances. Recognizing the contributions of individual members of the health care - community for outstanding achievements in patient care, other health related services, health science education and health related research. Providing support for health care education programs in the community's primary and secondary school education programs. Arranging and hosting student visits to Iowa City hospitals and other health sector resources. Legislative Activities In conjunction with the Legislative Council, emphasizing the importance of Iowa City's health care sector to state and federal legislators who represent the greater Iowa City area and also to other state and federal officials and securing the support and interest of these individuals in the health care sector, particularly as it relates to proposed state'and/or federal legislation. Serving as a liaison and appointing a representative(s) to the Greater Iowa City Area Chamber of Commerce Legislative Council. /a aoz. 1 -4 - In conjunction with the Legislative Council, identifying issues/developing positions on health care related legislative initiatives, and recommending policy statements on these matters to the Chamber of Commerce Board of Directors. Economic Development o Collaborating with other Chamber of Commerce committees, the Iowa City Area Development Group and others interested in attracting and recruiting health care related businesses to the greater Iowa City community. J o Identifying and seeking opportunities to integrate the health care services and research/development sectors of the Iowa City community with entrepreneurs seeking to establish new business ventures and companies seeking to manufacture or test new products or services. o Providing a climate to encourage and nurture the development of locally based health care products and businesses through support of existing k health care businesses and by identifying and providing support to i! physicians and other health care professionals who are attempting to develop new products. Broaden Participation o Encouraging participation of health care sector members in the Greater Iowa City Area Chamber of Commerce. SUGGESTIONS FOR IMPLEMENTING THE COMMITTEE'S MISSIONS The Task Force recommends that the committee initially address missions within the "Information, Recognition and Community Support" and "Legislative Activities" components of the proposed statement. Once this base is established and programs are underway in these first two categories, the committee could undertake projects designed to support "Economic Development" efforts and Broaden Participation" by other health care providers, organizations, facilities and agencies. PROPOSED MEMBERSHIP FOR THE COMMITTEE ON HEALTH CARE iGiven the proposed missions for the Committee on Health Care and the priorities for implementing these missions, the Task Force recommends that the following categories be established for membership on the health care committee. I. Leadership of Iowa City's three hospitals. 2. Representatives from the medical, dental and other segments of the staff serving in the three hospitals and their professional colleagues in the community. i 3. Representatives from the Iowa City health care product and service suppliers. 4. Representatives from the University of Iowa's health science colleges. j 5. Representatives from the business community or other sectors of the com- munity who are not primarily members or affiliated with the health sector. /a3z -5 - The chairman and members of the Task Force on Health Care would be pleased to provide any further amplification of the recommendations which might be helpful and to present this proposal at an upcoming Beard of Directors meeting. -Many thanks for your interest and support of this proposal. Sincerely, Task Force on Health Care Eldean A. Borg, Director, Hospital Information Services, University of Iowa Hospitals and Clinics Thomas J. Cilek, Senior Vice President, Hills Bank and Trust James B. Henderson, Administrative Assistant to the Chief of Staff, Veterans Administration Medical Center Stanley Q. Johnson, Staff Assistant to the Director, Veterans Administration Medical Center John E. Kasik, M.D., Chief of Staff, Veterans Administration Medical Center Frank H. Morriss, M.D., Professor and Head, Department of Pediatrics, University of Iowa Hospitals and Clinics Linda Muston, Community Relations Director, Mercy Hospital Gary Nielsen, Chief Fiscal Officer, Mercy Hospital Peter D. Wallace, M.D., Pediatric Associates and Mercy Hospital. Medical Staff e,a Va. � ��lohn H. Staley, Assoc ate Director, University of Iowa hospitals and Clinics - Chairman cc: Mr. Robert Sierk Mr. Pat Grady /a 3a- I City of Iowa City MEMORANDUM Date: August 2, 1988 To: City Council From: City Manager Re: Neighborhood Sewers Update Now that construction of the sewage treatment facilities is underway, we are in the process of preparing for the construction of our neighborhood sewers. Assuming you will begin to receive questions from our neighbors, the attached map and support information has been prepared for you. Please note that the information is preliminary, however, it should accurately reflect the location of the sewer construction with a rather small margin for error and/or change. Also it will be difficult to determine what type of construction nuisance a neighborhood may ex- perience, that is whether the construction will occur in rear yards, Parkway and thereby disrupt sidewalks and driveways, etc. We will have more specific information at the time of the public hearing and ultimate bidding of the project. Our schedule calls for the bidding of the projects as follows: December 6, 1988 - Set Public Hearing December 20, 1988 - Hold hearing and authorize advertisement of bids January 20, 1988 - Receive bids February 14, 1988 - Award contracts As you are aware, we are also attempting to pursue federal construction grant funds for certain elements of the neighborhood sewers. While the DNR will not guarantee that our efforts can produce the desired federal a 2 assistance and will ultimately depend upon the actions of Congress, we are actively pursuing and preparing our plans in accordance with DNR guide- lines to make us eligible for the assistance. Additionally, we will determine our additional capital finance needs, as well as a future discussion with Council to determine which storm sewer projects you would like to include in the final program of construction. After your review, if you should have any questions, please feel free to contact me. It may be necessary to have Rick Fosse, our Engineering Special Projects Manager, attend to your questions and concerns. tp4-6 cc: Department Directors All /a33 AFFECTED STREETS Outfall Sewer - Sand Road - Will bore under pavement, no disruption of traffic - Nursery Lane - All Snyder Creek - Lakeside Drive - Near Lakeside Apartments - U.S. Highway 6 - Will bore under pavement, no disruption of traffic - Lakeside Frontage Road - First Avenue - Will bore under pavement, no disruption of traffic - Mall Drive - North End - 6th Avenue I Street to F Street including intersections of F, H, H, I Qoss streets affected: I, H. G. F Ralston Phase I - F Street between 5th and 6th - Muscatine Ave. adjacent to South Branch Ralston Creek bridge - 4th Ave. at E. Street R.O.W. - 3rd Ave. at E. Street R.O.W. - 2nd Ave. at E. Street R.O.W. - 1st Ave. at E. Street R.O.W. - Meadow St. - Will go under bridge, minimal disruption of traffic - Friendship St. - From Court Hill Park to Arbor Drive Side streets affected: - Kenwood Dr. - Clover St. - Brookside Dr. - Arbor Drive Ralston Phase II - Friendship St, from 1/2 block east of lst Ave. to Upland Ave. - Court St. - Will bore under pavement, no disruption of traffic - Mayfield Rd. from 1/2 block E. of 1st Ave. to Mt. Vernon Dr. - Mt. Vernon Dr, from Mayfield Rd. to Princeton Rd. Side streets affected: - Potomac Drive - Washington St. - Princeton Road from Mt. Vernon Dr. to 800' east of First Ave. ._ _ M33 a Benton Street - Benton St. from Riverside Drive to Michael Street Side streets affected: - Riverside Drive - Orchard St. - Giblin Dr. - Michael St. - Giblin Drive - All - Greenwood Drive - Next to Brookland Park rive U 1 t� tv /a3.3 �• iii1771 .. li ( BENTON STREET INTERCEPTOR' t{ -N. '� K I � r 4.rI'1j�I iji '�I I IM1 i I I t EXISTING WASTE WATER ` TREATMENT FACILITY THIS PROJECT WILL PROVIDE FOR THE UP GRADING OF THE EXISTING TREATMENT FACILITY, THE CONSTRUCTION OF A NEW TREATMENT FACILITY, AND THE CONSTRUCTION OF NEW INTERCEPTOR AND TRUNK SEWERS. THE CONSTRUCTION WILL BRING IOWA CITY'S SEWER SYSTEM INTO COMPLIANCE WITH FEDERAL Al.If1 CT/ITr /^ ._� a v�� _ a w a �c rcar r�� c cv ♦ r c THE PROBLEMOFOVERLOADED SEWER LINES AND OVERFLOW OF RAW SEWAGE INTO THE RIVER AT THE EXISTING FACILITY_ THE NEW FACILITY HAS BEEN DESIGNED FOR FUTURE EXPANSION AS IOWA CITY CONTINUES TO' -GROW. —PROJECT COSTS— NEW TREATMENT FACILITY ---------------------$14,224,000 EXISTING FACILITY IMPROVEMENTS -------------$13,030,000 MAJOR SEWERS ------------------------------- $ 7,200,000 OUTFALL SEWER SOUTHEAST INTERCEPTOR (SNYDER CREEK) RELIEF SEWERS ------------------------------ $ 3,260,000 BENTON STREET INTERCEPTOR SOUTHEAST INTERCEPTOR—PHASE I SOUTHEAST INTERCEPTOR—PHASE II SLUDGE FORCE MAIN--------------------------$ 600,000 INFLUENT PUMP STATION IIAERATED GRIT CHAMBER EQUALIZATION BASIN H1 SLUDGE PUMP STATION — EXCESS FLOW CLARIFIER 02 EXCESS FLOW CLARIFIER N1 FILTER BUILDING CHEMICAL BUILDING CHLORINE•CONTACT TANKS PROPOSED OUTFALL C SEWER SYSTEM.,,,, STORAGE DIGESTERS PRIMARY CLARIFIERS 0 F TRICKLING FILTERS 0 NQR,TH NO SCALE INFLUENT PUMP STATION AERATED GRIT CHAMBER —' LAB NEW CONSTRUCTION P r w w r N Z NQR,TH r z U NO SCALE KIRK4700D AVENUE DIGESTERS STORAGE PRIMARY CLARIFIERS C, F J �1 TRICKLING FILTERS CLARIFIERS EXISTING FACILITY IMPROVEMENTS WASTEWATER SYS ((( EQUALIZATION BASIN kl SLUDGE PUMP STATION EXCESS FLOW CLARIFIER k2 EXCESS FLOW CLARIFIER N1 nj FILTER BUILDING CHEMICAL BUILDING f s: i� CHLORINE -CONTACT TANKS (f PROPOSED OUTFALL !i l�. EXISTING OUTFALL EQUALIZATION BASIN A2 NEW CONSTRUCTION P r w w r N Z NQR,TH r z U NO SCALE KIRK4700D AVENUE DIGESTERS STORAGE PRIMARY CLARIFIERS C, F J �1 TRICKLING FILTERS CLARIFIERS EXISTING FACILITY IMPROVEMENTS WASTEWATER SYS 1 .�d Ilii r 1 f' I I - �'' rio'a`rrl SOUTHEAST INTERCEPTOR-SOUTr-1 . `;� RALSTON CREEK SEGMENT- P.fIA5E I I SCALE; 1" = 20001 w .. LA lit r �l4 lill � L' L' i� �• V ��• G `� ._.• � � / 1.� 7 '\. �. �y ..w-II � �1 � I: ' I.tj� -';1- r( I�-' .r..j�;�•I_II�.���I�i �r'�y" 7 ., �"5� - �I�IC kill I� R.I�� � I! 3 f SOUT! IEAST I NTERCF_PTOR-SOUTFI 04) I U K ,�,�A ,IFI j� / ��" i� y. � �jpp''i RALSTON CREEK SEGMENT-PHASE t i-. I`->., � _. _li',i�._!t_�.. ..,Aa� t. -+c..r..r.r�. � __�;�,� ..),1� ilf+��:'•y � I NEILL 11. I t I F.f� SOUTHEfa� I IIN I crc �.tr I urc—�vu I h y , 1 RALSTON CREEK SEGMENT PHASE II ILE ut �I al1:f- JfII'll f'17 'I( it If9(l.x(IL� 'wc.iA L > �- 11 :,1�{ _ all,,arm, I,I1L1 I fLJ'L U1 PI I I +- I`{S IIve II IIrf a �Ic11I' �` �� IL Il.cil SOUTHEAST INTER 4.JIi�� l'n , ll I' If II1:1` JL�f L. �, I r • '` " RALSTON CREEK S it 11 41 it �."�; � {i,.i I :�I 1 M, `�1{ IIS f ..I��{�{•;11'llh� ,� � � �..-�- � � ',� � �I�r���::iY.o � JI a l� (.s Lp N� CITY arida SLUDGE FORCE MAIN PLEASANT MEADOW SUED. N II J MAKADA SUBU SOUTHE SNYDER � I) N UTH SCALE: 1" = 2000' (`9 I PLEASANT MEADOW SUBO. VALLEY GOLF COURSE ACCESS h;JMPROVEM a I SCREENS PUMP STATION GRIT TANK N1 FUTURE GRIT TANKS l - i FUTURE PRIMARY CLARIFIERS 4'F T 1PROPOSED WASTE WATER TREATMENT FACILITY CITY PROPERTY— PROPOSED PARKLAND 0 NQR,TH NO SCALE SCREENS PUMP STATION GRIT TANK #1 FUTURE GRIT TANKS FUTURE PRIMARY CLARIFIERS PRIMARY CLARIFIERS N1 & N2 7F, IZATION BASINS I PRIMARY FLOW SPLITTER SLUDGE PUMP BUILDING w�- GAS METER HOUSE SECONDARY CLARIFIERS N 1 & 2 SECONDARY FLOW SPLITTER FUTURE SECONDARY CLARIFIERS -------1 SLUDGE HOLDING TANK SLUDGE DIGESTERS N 1 & 2 w 0 SLUDGE PROCESSI14G BUILDING N w U U rS PROPOSED TREATMENT FACILITY STEM IMPROVEMENTS City of Iowa City MEMORANDUM Date: August 2, 1988 To: City Council From: City Manager Re: Advertising Agreement - Transit System The Transit Manager has renewed an agreement between Iowa City Transit and radio stations KXIC-AM/KKRQ-FM. This is a very favorable agreement for the transit system. In exchange for displaying two 18"x36" radio station sign boards on each Iowa City Transit coach, the system will receive $9,235 worth of radio time at no charge. During FY89 Iowa City Transit will receive 245 30 -second spots on KKRQ-FM and 556 30 -second spots on KXIC-AM. This agreement allows promotion of the system at no expense to the taxpayers. bdw3-8 /a3t� K IOWA CITY & CORALVILLE R E C E I V E D AUG 2 X988 CONVENTION & VISITORS BUREAU Commerce Cmta / 325 E. Washington 16 P.O. Box 2358 Iowa City, Iowa 52244 (319) 337.6592 August 1, 1988 Steve Atkins and City Council Civic Center 419 E. Washington St. Iowa City, IA 52240 Dear Steve and City Council; Thank you for your additional appropriation for the Convention & Visitors Bureau revolving loan fund. I assure you it will be put to good use. If possible, I would appreciate having the appropriation by August 20. Thank you again and best wishes. Yours truly, 1��&'j P Renee Jedlicka Executive Director /,;3 3r I July 18, 1988 Michael E. Moran Superintendent of Recreation City of Iowa City - Recreation Division 220 S. Gilbert Iowa City, Iowa 52290 Dear Mike: On behalf of the Iowa City Swim Club I would like to say thank you. The Armbruster Invitational swim meet was a success. By all standards the pool is great and all who attended were extremely envious. They expressed their opinion in one word - "Fantastic"! The pool proved itself in that the swimmers experienced major time drops. i Your staff on duty from Friday evening until we left at 8:30 p.m. Sunday was great. They were more than cooperative and always immediately available whenever I needed anything. Julie, the night and morning maintenance person was extremely helpful and very pleasant to work with. Throughout my pre - meet planning and the actual weekend itself, Mike Kennedy was wonderful. He was always very cooperative, patient, and extremely thorough. He was "on top of things". I really enjoyed working with him. The only real concern we had was the water level of the pool and the water temperature. Other than that, the facility is great! I have enjoyed working with you and look forward to doing so in the future. Once again, thank you. SincerKe' Vickie R. Jackson Iowa City Swim Club ,(1 /vj /I poi 6 9 STATE OF — RECftvFn.irn 291488 A TERRY E. BRANSTAD, GGVERnOn July 28, 1988 Honorable John McDonald, Mayor City of Iowa City 410 E. Washington Iowa City, IA 52240 DEPARTMENT OF ECONOMIC DEVELOPMENT ALLAN T. THOMS. GIREEiOR RE: Emergency Shelter Grants Program H87 -ES -514 Summary of Monitoring Visit, June 24, 1988 Dear Mayor McDonald: This letter summarizes the findings of my on-site monitoring visit concerning the abve assessocontractual ecompliance, and d contract. eprovide etechnical of my sa sistan a as warranted.it was to review Progress, I wish to extend my appreciation to you and members of your staff for the reception afforded me. Program Planner Marge Penney and shelter staff appear to be on. Some cal do,ing an adequate job to topactivitiram ti esyet to be accomplishediwithinsithasce contract. Since program award and authorization to proceed on February 9, 1988, you have executed shelter provider sub -contracts obligating 100% of the grant award to the Domestic Violence Project and the Emergency Housing Project. As of May 31, the status of funds report indicates that 823,900 in local effort have been incurred and documented and approximately 81,500 in grant funds have been expended and subsequently requested from the state for reimbursement. All of these costs are documenF the contract. ted to have occurred within the maintenance/utilities/ furnthe ishings actiontactivity (812,699) wasrto havethe ntbeen ract completedram cbydMay �31,i Discussion with staff, however, indicates that the carpeting activity is being held up because of product quality, electrical related specifications are being developed and the kitchen related activity is not expected to be undertaken until late summer. As discussed during my exit conference, I again encourage the City to take an active role in assisting these shelters in implementing their programs in a timely manner. I also requested during my exit conference that a revised program schedule delineating the now expected completion timeframes be submitted as soon as possible. This schedule has subsequently arrived. Thank you. Specific areas of my review included the following: ENVIRONMENTAL/HISTORICAL In that no major rehabilitation or acquisition are funded as part of this contract, nor are activities undertaken on a suspected historically significant strucre,exempt from this determined that Staffthe didrprogrammatic oifilrequirements therelatedf are environmental 200 EAST GRAND/ DES MOINES, IOWA 50309 / 515.2813251 /TELEX 478.466 IA DEV COM DMS lc `37 Contract No. 87 -ES -514 July 28, 1988 Page 2 review, assessment, and related publications for its 1985 CDBG Entitlement program to which these assisted shelters were in the target neighborhood. No comments were documented to have been received nor significant findings resulting from the assessment for that program. FINANCIAL MANAGEMENT The Program Planner and City fiscal departments have established exceptional record keeping systems that document the grant balance, funds requested, and expenditures for the contract. The City is operating on a reimbursement basis; paying the respective shelters as claims are submitted and reimbursing its accounts when State payments are received. Because this contract contains two distinct local shelters, staff have developed separate financial files for each assisted shelter, as well as a comprehensive financial file for the total grant. Disbursements and approval thereof are handled by the City similar to any other disbursement. A clear separation of duties exists within this internal financial control. As previously stated, the local (in-kind and cash) match are substantially ahead of grant funds advanced. Documentation was obtained during my visit for the $7,100 in local pledge for the month of May. All documentation seemed reasonable. PROCUREMENT As of the date of my visit no rehabilitation procurement has occurred. However, work and contractor bid specifications are being developed for the funded activities at both shelters with the assistance of City building inspector staff. During conversation it was pointed out that efforts to encourage and promote the participation of area minority businesses should be substantially documented, and, per program requirements, shelters assisted with rehabilitation activities are to satisfy local building and occupancy codes. In that the City is a CDBG entitlement community, staff maintain an individual list of contractors debarred, or otherwise ineligible to participate in federally assisted programs. Therefore, it is not expected that individual contractor clearance be obtained through this Department when these firms are finally hired. However, documentation should exist in the program files to indicate that the disbarrment list had been consulted at the time of letting. CONTRACT MANAGEMENT A review was made of the City -shelters) compliance contracts. All required clauses were present, or were directly referenced to the DED -City program contract (N87 -ES -514). CIVIL RIGHTS Personal visitation to both assisted shelters indicates that each is handicapped accessible. Information from the respective shelters obtained during my visitation resulted in the following clientele statistics. I Contract No. 87 -ES -514 July 28, 1988 Page 3 Ms. Pat Meyer; Director, Domestic Violence Project - indicated that for the first three months of 1988, 67 separate clients were served in the project shelter, residing on average 19 days/client. Dependent clients (children) represent 42% of those sheltered, and their average age is under 5 years. Additional services by the domestic violence staff are also being documented, including counseling services (N39), community education and training (10 sessions with 470 participants), and outreach throughout the Johnson County area in excess of 75 times during the first quarter of this contract. As statistics become available for the second quarter of this contract (April - June), please forward for my records. Ms. Mary Larew; Director, Emergency Housing Project - indicated that for the same first quarter time period 195 clients had been housed, inclusive of 126 single men and 33 family units. Over 50% are between the age of 18 and 40. For the month of March the 65 clients stayed an average of 71 days. Information also indicates that for March 15% of the clients considered Johnson County as their home county and 42% of these clients consider out of Iowa as their home. In summary, it appears your ESGP is in general compliance with our program contract and related requirements. I take this final opportunity to remind you that the shelters seem to need City staff expertise in completing their activities in a timely manner. Again, I thank you for the reception afforded me during my visit. Should you have any questions on this letter, or more generally your program, please contact me at 515/281-3923. Si ref rely, ' 1 11I Richard Webb Program Specialist RW/ml cc; Ms. Marge Penney, Program Planner Correspondence File a HIGHLIGHTS THE UNIVERSITY OF IOWA IOWA CITY. IOWA 52242 &?�, !;�7 July 1988 nom, University Hews Services Office of University Relations n� Hunter R. Rawlings III becomes the 17th president of The University/ of Iowa Aug. 1. On Friday, Aug. 5, be will deliver the keynote addresses at Summer Commencement exercises in Rancher Auditorium. Eddie Robinson. M.A. 1954, winningest college football coach in America, and Jewel Limar Prestage, M.A. 1952 and Ph.D. 1954, first black woman to receive a doctorate in political science from an American university, will be inducted into the Iowa Black Alumni Association Saturday, July 30. President Rawlings will greet the organization with a major address. Summer session enrollment totaled 11,683, a slight drop from 1987, but in line with projections and previous years. The UI will award approximately 19020 degrees at the commencement exercises Aug. 5. UI faculty brought a record high $115.1 million to the state in 1987-88 in support of research and development, bringing the total since 1966-67 to $1.24 billion in competitive grants. Using the standard 3.54 multiplier, the economic impact for the state since 1966 was $4.38 billion. Supporters of the UI made gifts and commitments of nearly $45 million to the UI Foundation last year, a slight increase over 1986 despite effects of the Tax Reform Act of 1986. Construction is slated to begin in November on the UI's new $25.1 million Laser Laboratory Building. The State Board of Regents approved a revised budget for the structure at its July meeting. Laser scientist Arthur Smirl will join the UI faculty around Sept. 1, bringing with him an eight -member research team, $2 million in laser equipment and $1.4 million in research grants. UI Journalism Instructor Drake Hokanson's book on the Lincoln Highway has gained national attention. The book, published by UI Press, was reviewed recently by the Christian Science Monitor. And Hokanson was interviewed recently by National Public Radio anchorperson Bob Edwards on "Morning Edition." "A Pictorial History of the University of Iowa," another UI Press publication, is now available in Iowa City bookstores for $24.95. Principal author of the book, which contains more than 300 pictures, is John Gerber, who retired recently as head of the UI English Department. John Kelso, a UI graduate, is being honored by the U.S. Health Resources and Services Administration. The agency has established its highest award in honor of Kelso, its deputy administrator. ia3� Highlights -- July 1988 Page 2 William D. Petasnick takes over Aug. 1 as administrator and chief operating officer of UI Hospitals and Clinics, reporting to John W. Colloton, UIHC director and assistant to the president for statewide health services. UIHC Associate Director John H. Staley is being promoted to deputy administrator. Diane Murphy is the UI's new women's assistant athletic director. She comes to Iowa City from Kentucky State where she was assistant director for both men's and women's sports. Hancher Auditorium has named Carol Green as business manager. For the past eight years, she has served as a financial analyst for the UI. UI Economics Professor Jerald R. Barnard has been named a resident fellow with the National Center for Food and Agricultural Policy at Resources for the Future. Virendra C. Patel, member of the UI Institute of Hydraulic Research team, has been named a fellow of the American Society of Mechanical Engineers (ASME). Hancher Auditorium Director Wallace Chappell has been elected to the Board of Trustees of Dance/USA, a service organization to artists and administrators in non-profit professional dance. Two UI doctors --Reginald R. Cooper and Joseph A. Euckwalter--pave been named to the board of directors of the American Academy of Orthopaedic Surgeons. David A. Jepsen, UI professor of counselor education, is the new president of the American Association of Counseling and Development. In its preseason college football poll, Sport Magazine picks Coach Hayden Fry's Iowa Hawkeyes to win the national championship this year. UI Professors Jonathan Dordick and David Rethwisch have received a three-year, $148,649 grant to research and develop a process that might out in half the costs of manufacturing certain drugs. Dr. Christopher Seuier. a UI College of Dentistry researcher, will use a $351,099 National Institute for Dental Research grant to study how alcohol affects the absorption of substances in smokeless tobacco by the skin lining the mouth. The Robert Wood Johnson Foundation has awarded a•$100,000 fellowship to Dr. Peter C. Damiano, a UI College of Dentistry professor, to conduct dental health services research. An Iowa City woman has become the first person in Iowa to become pregnant through an in -vitro fertilization procedure. The program is conducted at UI Hospitals and Clinics. -30- This Act (Senate Fite 2318) Aequiaes that a contaactoa be Aegis- teaed and show pAoo6 06 Woakman6 Compensation Insuaanee and Unemptoy- ment Compensation Insuaance. This is a minimat thing to ask, bolt the paotect.ion o6 conetauction woaketz within .the State o6 Iowa, and hope- 6utty etiminate the "6ty by night" contaactoas who do exist. We, the Locat Union Caapenteas, would tike to Aequest that as pant o6 youa bidding paoceduaes, a contaac.toA bidding any and att woak boa the City oa County, tilt his State Re.g.istaation numbea on his Bid Foam. Any bid aeceived without this Registaation numbea.shoutd be imme- diatty aejected. It is impoatant that you hetp en6oace taws, that not onty pAotect woaking people, but paotect the tax payeas 64om ittegat sub-contaactoas and the quote "6ty by n.ighteAs". Thank you in advance 6oA youA coopeaation in this matte, RAS/fes Enctosuae Si-neeaety youas, RogeA A. Boyles, Business Manage.% Five RLveas DCat.jet Councit /a39 6 River RECEIVE°UG 2 1989' TMrpruirr +Motrid i Tounrjl .rive FIFTH DISTRICT United Brotherhood of Carpenters and Joiners of America Box 96 CEDAR RAPIDS, IOWA, 52406 I LOCAL UNIONS PHONE NO. BUSINESS REPRESENTATIVES No. 308 .----Cedar Re Ida -----319.3658684 Roger A. Boyles No. 767 ... "Ottumwa -••---•516882.4261 No. 1260. --..-Iowa Cit y •••---31933&1538 D.C.PHONE lames Christensen Kevin auser No. 2158 ...--Rock Island ••--•309-797-0518 319383-0279 Barry Kucera Kucer Everea Jacobsen August 1; 1988 Iowa City City Councit 410 E. Washington Civic CenteA Iowa City, Iowa 52240 Deaa Sias; The 1988 State Legistatuae has passed .into taw an Act aequiA.ing the aeg.istaation o6 constauction contaactoas doing wank within .the State o6 Iowa. This Act (Senate Fite 2318) Aequiaes that a contaactoa be Aegis- teaed and show pAoo6 06 Woakman6 Compensation Insuaanee and Unemptoy- ment Compensation Insuaance. This is a minimat thing to ask, bolt the paotect.ion o6 conetauction woaketz within .the State o6 Iowa, and hope- 6utty etiminate the "6ty by night" contaactoas who do exist. We, the Locat Union Caapenteas, would tike to Aequest that as pant o6 youa bidding paoceduaes, a contaac.toA bidding any and att woak boa the City oa County, tilt his State Re.g.istaation numbea on his Bid Foam. Any bid aeceived without this Registaation numbea.shoutd be imme- diatty aejected. It is impoatant that you hetp en6oace taws, that not onty pAotect woaking people, but paotect the tax payeas 64om ittegat sub-contaactoas and the quote "6ty by n.ighteAs". Thank you in advance 6oA youA coopeaation in this matte, RAS/fes Enctosuae Si-neeaety youas, RogeA A. Boyles, Business Manage.% Five RLveas DCat.jet Councit /a39 6 SENATE FILE 2318 AN ACT RELATING TO THE REGISTRATION OF CONSTRUCTION CONTRACTORS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF A SYSTEM OF REGISTRATION BY THE LABOR COMMISSIONER; PROVIDING FOR ADMIN- ISTRATIVE PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVID- ING OTHER PROPERLY RELATED MATTERS. BE IT ENACTED BY THE GENERAL ASSEMBLE OF THE STATE OF IOWA: Sec. 1. Section 96.11, Code Supplement 1987, is amended by adding the following new subsection: NEW SUBSECTION. 14. For purposes -of contractor registration under chapter 549, the division of job service shall provide for the issuance of special contractor numbers to contractors for whom employer accounts are not required under this chapter. A contractor who is not in compliance with the requirements of this chapter shall not be issued a special contractor number. Sec. 2. NEW SECTION. 549.1 DEFINITION — EXCEPTION. 1. As used in this chapter, unless the contort otherwise requires, "con- tractor" means a person who engages in the business of construction, as the term "construction" is defined in section 345-3.82(96), Iowa Administrative Code, for.purposes of the Iowa employment security law. However, a person who earns less than one thousand dollars annually or who performs work or has work performed on the person's own property is not a contractor for purposes of this chapter. 11239 0 2. If a contractor's registration application shows that the contractor is self-employed, does not pay more than one thousand dollars annually to employ other persons in the business, and does not work with or for other contractors in the same phase of construction, the contractor is exempt from the fee requirements under this chapter. Sec. 3. NEW SECTION. 549.2 REGISTRATION REQUIRED -- CON- DITIONS. i A contractor doing business in this state shall register with the labor commissioner and shall meet both of the following requirements as a condition of registration: 1. The contractor shall be in compliance with the laws of this state relat- ing to workers' compensation insurance and shall provide evidence of work- ers' compensation insurance coverage annually, of relief from the insurance requirement pursuant to section 87.11, or of compliance with the notice Provision of section 87.2. Notice of a policy's cancellation shall be provided to the labor commissioner by the insurance company. 2. The contractor shall possess an employer account number or a special contractor number issued by the division of job service of the department of employment services pursuant to the Iowa employment security law. I ,, Sec. 4. NEW SECTION. 549.3 APPLICATION -- INFORMATION TO BE PROVIDED. The registration application shall be in the form prescribed by the labor commissioner, shall be accompanied by the registration fee prescribed pursu- ant to section 549.4, and shall contain information which is substantially complete and accurate. In addition to the information determined by the - 2 - I labor commissioner to be necessary for purposes of section 549.2, the appli- cation shall ,include information as to each of the following; 1. The name, principal place of business in this state, address, and telephone number of the contractor. 2. The name, address, telephone number, and position of each ofEwer of the contractor, if the contractor is a corporation, or each owner if the contractor is not a corporation. 3. A description of the business, including the principal products and services provided. Any change in the information provided shall be reported promptly to the labor commissioner. Sec. 5. NEW SECTION. 549.4 FEES. The labor commissioner shall prescribe the fee for registration, which fee shall not exceed twelve dollars and fifty cents. All fees collected shall be deposited in the general fund of the state. Sec. 6. NEW SECTION. 549.5 PUBLIC REGISTRATION NUMBER - RECORDS. - The labor commissioner shall issue to each registered contractor an identi- fy'ng pubbc registration number and shall compile records showing thq. names and public registration numbers of all contractors registered in the state. These records and the complete registration information provided by each contrachor are public records and the labor commissioner shall take steps as necessary to facilitate access to the information by governmental agencies and the general public. Sec. 7. NEW SECTION. 549.6 RULES. -3- 9 0 The labor commissioner shall adopt rules, pursuant to chapter 17A, de- termined to be reasonably necessary for the administration and enforcement of the system of contractor registration established by this chapter. Sec. 8. NEW SECTION. 549.7 STATE CONTRACTS. A contractor who is not registered with the labor commissioner as required by this chapter shall not be awarded a contract to perform work for the state or an agency of the state. Sec. 9. NEW SECTION. 549.8 INVESTIGATIONS -- ENFORCEMENT -- ADMINISTRATIVE PENALTIES. 1. The labor commissioner and inspectors of the division of labor services of the department of employment services have jurisdiction for investigation and enforcement in cases where contractors may be in violation of the re- quirements of this chapter or rules adopted pursuant to this chapter. 2. If, upon investigation, the labor commissioner or the commissioner's authorized representative believes that•a contractor has violated either of the I following, the commissioner shall with reasonable g promptness issue a citation to the contractor: a. The requirement that a contractor be registered. i b. The requirement that the contractor's registration inti rm� ion be substantially complete and accurate. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the statute alleged to have been violated. if a citation is issued, the commissioner shat, within seven days, notify the contractor by certified mail of the administrative penalty, if any, proposed to be assessed and that the cbntractor has fifteen working days - 4 - 9 within which to notify the commissioner that the employer wishes to contest the citation or proposed assessment of penalty. The administrative penalties which may be imposed under this section shall be not more than five hundred dollars in the case of a first violation and not more than five thousand dollars for each violation in the case of a second or subsequent violation. All administrative penalties collected pursuant !n this chapter shall be deposited in the general fund of the state. If, within fifteen working days from the receipt of the notice, the contrac- tor fails to notify the commissioner that the contractor intends to contest the citation or proposed assessment of penalty, the citation and the assessment, as proposed, shall be deemed a final order of the employment appeal board and not subject to review by any court or agency. If the contractor notifies the commissioner that the contractor intends to contest the citation or proposed assessment of penalty, the commissioner shall immediately advise the employment appeal board established by section 10A.601. The employment appeal board shall review the action of the com- missioner and shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the commissioner's citation or proposed penalty or directing other appropriate relief, and the order shall become final sixty days after its issuance. „ The labor commissioner shall notify the department of revenue and finance upon final agency action regarding the citation and assessment of penalty against a registered contractor. Judicial review of any order of the employment appeal board issued pursu- ant to this section may be sought in accordance with the terms of chapter 17A. If no petition for judicial review is filed within sixty days after ser - vire of the order of the employment appeal board, the appeal board's - 5 - 1 1x39 9 findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the commissioner after the expiration of the sixty-day period. In any such case, the clerk of court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a copy of the decree to the employment appeal board and the contractor named in the petition. Sec. 10. Section 10A.601, subsections 1 and 7, Code 1987, are amended to read as follows: 1. A full-time employment appeal board is created within the department of inspections and appeals to hear and decide contested cases under chapters 19A, 80, 88, 96, 97B, and 104, and 549. 7. An application for rehearing before the appeal board shall be filed pursuant to section 17A.16, unless otherwise provided in chapter 19A, 80, 88, 96, 97B, er 104, or 549. A petition for judirrzl review of a decision of pursuant to section 17A.19. The appeal the appeal board shall be filed board may be represented in any such judicial review by an attorney who is a regular salaried employee of the appeal board or who has been designated by the appeal board for that purpose, or at the appeal board's request, by the attorney general. Notwithstanding the petitioner's residency requirement n in section 17A.19, subsection 2, a petition for judicial review may be filed in the district court of the county in which the petitioner was last employed or resides, provided that if the petitioner does not reside in this state, the action shall be brought in the district court of Polk county, Iowa, and any fier part, t0 the proceeding before the appeal board shall be named in the petition. Notwithstanding the thirty -day requirement in section 17A.19, subsection 6, the appeal board shall, 'wither sixty days after filing of the petition for judicial review or within a longer period of time allowed by the B court, transmit to the reviewing court the original or a certified copy of the entire records of the contested case. The appeal board may also certify to the court, questions of law involved in any decision by the appeal board. Petitions for judicial review and the questions so certified shall be given precedence over all other civil cases except cases arising under the workers, compensation law of this state. No bond shall be required for entering an appeal from any final order, judgment, or decree of the district court to the supreme court. Sec. 11. EFFECTIVE DATE. This Act takes effect July 1, 1988, for purposes of rulemaking and administrative preparation and February 15, 1989, for all other purposes. - 7 - 31 /a39 r I Union Dues The justices, in a major defeat for or. ganized labor, ruled that millions of workers who don't join local unions, but who are nevertheless required to pay dues, may refuse to have their dues used for M Iltical, legislative, social and labor organiz• ing activities by unions. The 5.3 ruling, written by Justice Bren• nan, said that under federal labor law, I I nonunion wwk--rs may be legally required to pay doe:. -tidy to enlace" the cunlracl ur Io adminisler a collective-bargaining :q; rernu•ul. The drrivuu. iu favor of 20 people. pay. ing does In 0le Communications Workers Of :1111-•rva• will Imre many Inions in re• lural ppntiuts al past dues to workers and to keep detailed records In the future of W11:11 earl of union funds is spent on con• Intel enfnr•eoo•nl and what part on tore. 1.11"(1 aclivitiv:s. Some Inions already do SO. Ender federal labor law, a union and an empinycr Ilio reach agreement requiring that all workers either join the union or Pay dues even if Ih,•y don't join. These are idled agency -shop agreements. The rea• son for the bow is that even nonunion workers frequently benefit from the un• . Inn's collective bargaining efforts. Slates may bar such agreements by passing , right -lo -work laws, but 29 slates stili per. , mil agency -shop agreements. Many unions have long used dues for other purposes besides collective bargain. Ing• such as Inlilical action, lobbying on labor legislation, organizing workers at tither rnmpanies and other activities. Un- der yesterday's ruling, the unions will have to keep those funds separate and find a way m redure the duns for workers who objerl In hmAing these activities. .lustier Illackuum dissenled, joined by Justiees O'Connor and Scalla..lustice Keo• nedy didn't pmbcgote in the case. The court bas sold public empinytes can't be made to support union causes vilh which they disagree. Yesterday's ruling extended the principle to private em - players, as well. The 20 workers who sued the Communl• cations Wnrkem in 1976 were all employees of American Telephone & Telegraph Co. and CL -11 Telephone Co. In 1979 and 1963, a federal court bl Baltimore ruled for the workers and ordered the union to refund 79% of the dues paid by the workers since 1976. A federal appeals court In Richmond, Va., agrecil in t'J95 and 1966 rulings, al• tlmngh II ordernl additional district court limuings on some Issues. The Supreme Cnnrt affirmed the appeals courl's rul- ng. 9 o I E m AUG 31988 MARIAN K. KARR CITY CLERK (3) MONTHLY PROGRESS REPORT WASTEWATER TREATMENT FACILITIES City of Iowa City, Iowa schedulingcontrol construction start-up � STANLEY CONSULTANTS TABLE OF CONTENTS TAB N0, DESCRIPTION 1 Construction Activity Report Weekly Status Reports 2 Project Schedule 3 Cost Analysis Change Order Summary Progress Estimate Summary 4 Subcontractor Report 5 Photographs f CONSTRUCTION ACTIVITY REPORT Period Ending: June 30, 1988 North Excess Flow & Wastewater Treatment Facilities and South Wastewater Treatment Facilities City of Iowa City, Iowa I. General. The Preconstruction Conference was held June 14, 1988. Paul A. Laurence Company (PALCO) mobilized and established offices at the North Plant site. 'Three trailers were set up, one of which is the Engineer's office. Temporary power and furnishings were provided. CITY forces moved stored materials from.construction areas to a new area at the northwest corner of the North Plant. II. North Excess Flow & Wastewater Treatment Facilities. Aspen Services Inc. removed the sludge from two lagoons. Demolition of the sludge drying beds was completed. Hass excavation of the site for new structures began. The dewatering well system around the new Influent Pump Station was installed. The temporary roadway along the east fence was built and a new gate was installed in the perimeter fence. Two temporary sludge lines required to maintain plant operations were installed. III. South Wastewater Treatment Facilities. No Activity. IV. Technical Support. Thirty Requests for Information were received from the Contractor. Responses were provided to those inquires as well as those from various suppliers and manufacturing represtentatives. Five Requests not resolved from available information were forwarded to the City for action. The Rapid Sand Filtration Study was initiated. Data gathering, meetings with the manufacturing representatives, telephone contacts, and evaluations were conducted. Approximately 30 shop drawings were received and processed in June. �tle (� WEf 1Y STATUS REPORT i No. 1 For Week Ending June 10, 1988 9885 Job No. IOWA CITY WASTEWATER TREATMENT FACILITIES job Description IOWA CITY, IOWA Location Paul A. Laurence Company - 3 Subcontractors; Aspen - 5 Stanley Consultants _I Total 9 Weather An all morning rain on Wednesday amounting to 0.25" interrupted an otherwise sunny week with temperatures ranging between 50 and 85'. North Excess Flow and Wastewater Treatment Facilities - Paul A. Laurence Com- pany The field offices for the Contractor and the Engineer that arrived last week were set into place with plumbing connections, steps, and skirting provided by the end of the week. Temporary power was provided to the Engineer's trailer. For the resolution of the pole and transformer locations need to be made with the power company prior to the permanent temporary power service for the project site can be installed, Aspen Services, Inc„ the subcontractor removing sludge from the sludge lagoons, hauled in excess of 10,000 gallons from the site, Cleaning of the northern. most lagoon is about 804 complete. South Wastewater Treatment Facilities - Paul A. Laurence Company No activity. The City cleared and rocked a storage area immediately north of the fence at the northwest corner of the plant site. Hauling of materials from the sludge drying bed area to that storage area began on Friday. If you want a Question Did you include: Comment en all sections Work accomplished this meek Work scheduled for next meek • . Aooronimne No, of men working write • separate memorandum. Approximate Completion percent leach a Approximate Project Completion percent Delaying factors Visitors 9 i (Continued) 1 June 10' 1988 9885 •o• For N'�ek Entl,nQ Vises: J. A. Mollatz, T. C. O'Rourke, P. E. Mullin, and L. C. Miller from the SCI home office were visitors to the site this week. Respectfully submitted, STANLEY CONSULTANTS, INC. Leland D. Koch Resident Manager LDK:aac/cml-1:9885 cc: Mr. Charles J. Schmadeke cc: T. O'Rourke, General Files cc: P. Mullin Transcribed from casette received 6/13/88. 260A poBe 2 STANLEY CONSULTANTS , v . m... ^vrarMnua.•ceYD+'a yr^•v.. ..• w ntl..r .A. . -.. .. .._._ ,.,., i... ... .. I. I -i,�rtxa c r- WEErxLY STATUS REPORT No. 2 For Week Ending June 17,1988 lob No. 9885 IOWA CITY WASTEWATER TREATMENT FACILITIES lob Description ' IOWA CITY, IOWA Location Men Working: Paul A. Laurence Company - 2; Plus home office support Tues. S Weds. Subcontractors: Aspen - 5 Murray - 4 Meisner - 2 Stanley Consultants _2 TOTAL 15 Weather: Sunny warm and windy conditions occurred all .week with no rain and temperatures between 55eF and 92eF. North Excess Flow and Wastewater Treatment Facilities - Paul A. Laurence Company Demolition of the concrete walls of the sludge drying beds was completed. Sludge removal from Lagoons 1 and 2 was also completed. Layout, grading, gravel' surfacing and chain link fence relocation were done on the temporary roadway. Contractor equipment arriving this week included a Cat 966 loader and a rubber tired cherry picker. South Wastewater Treatment Facilities - Paul A. Laurence Company No activity. i If you want a question Did you Include: Commenton all section, Ili Work accomplished thisweak� Work scheduled for next week tan, Approximate No, of man working Approximate Completion percent leach cuntractl Approximate•P.Ject Complation pageant A Delaying factors Visitors WEEKLY STATUS REPORT (Continued) No. 2 For Week Ending June 17, 1988 Job No. 9885 General: The Preconstruction Conference was held on Tuesday, June 14, 1988, at the Stanley Consultants field office. Visitors: T. C. O'Rourke and P. E. Mullen from Stanley Consultants, Inc. home office were visitors to the site this week. Respectfully submitted, STAt�iM CONSULTANTS, INC. Leland D. Koch Resident Manager LDK:ktr:9885 cc: Mr. Charles J. Schmadeke cc: T. O'Rourke, General Files cc: P. Mullin Page 9 C No. 3 For Week Ending June 24.1988. Men Working: WEEKLY' STATUS • REPORT' IOWA CITY WASTEWATER TREATMENT FACILITIES Job Description IOWA CITY, IOWA Location Paul A.. Laurence Company - 5 Subcontractors: .Murray - 4 Kelley - 2 Miesner - 4 Stanley Consultants - 3 TOTAL 18 Job No.. 9885 Weather: Sunny, hot and Breezy with temperature ranging between 70* and 100* most of the'week with a sprinkle of rain on: Friday morning. North Excess Flow and Wastewater Treatment Facilities— Paul A. Laurence Company The mobilization continued and excavation of Excess Flow Clarifier 41 was started after the temporary sludge lines were tied -in. The temporary electrical transformer pads were poured. Murray cleaned two sludge lagoons. Kelley Dewatering finished drilling and installing six (6) wells at the in- fluent pump station area. Meisner finished running temporary electrical power to the.trailers. The connection from the trailers to the existing transformers is scheduled for Monday morning. you Include: comment on all &actions Work accomplished this week . Werk scheduled for next week Aooroximate, N. of m.. --w.. . Approximate Completion percent leach n Approximate Prate et Completion percent Delaying factors i WEEKLY STATUS REPORT (Continued) r' No. ' For Week Ending June 24, ] 988 Job No. 9885 Other activities planned for next week include continued excavation for structures, namely the sludge pump station, and continued installation of dewatering wells. South Wastewater Treatment Facilities — Paul A. Laurence Company No activity. Visitors: T.C. O'Rourke and Herb Ohrt of SCI were visitors this week, along with chree PALCO representatives from the Minneapolis office. Respectfully submitted, STANLEY CONSULTANTS, INC. 01 Leland D. Koch Resident Manager - LDK:ktr:9885 cc: Mr. Charles J. Schmadeke cc: T.C. O'Rourke, General Files cc: P. E. Mullin , Page a Did you 2604 For Week Ending July 1, 1988 Men Working WEE! -'LY STATUS REPORT IOWA CITY WASTEWATER TREATMENT FACT TTTEc Job Description IOWA CITY. IOWA Location Paul A. Laurence Company - 7 Subcontractors: Meisner - Murray - 4 Kelley - 2 Stanley Consultants - 2 TOTAL 16 Weather: Job No. 9885 Rain on Wednesday (0.70") inturrupted an.otherwise sunny to partly cloudy week with' temperatures ranging between 50e r- and 90eF. North Excess Flow and Wastewater Treatment Facilities - Paul A. Laurence Company The temporary 4" and 6" sludge -lines are tied -in and in operation. The excavation for the Filter Building, Excess Flow Clarifiers, and the Chlorine Contact Tanks is continuing. At the Influent Pump Station and Aerated Grit Chamber area, line is being laid'for a Header Pipe, and'the Dewatering Wells were drilled. Three (3) pipe.locations were exposed and pipes no longer in service were plugged. The temporary power tie-in to the trailers was observed as completed by a City representative. South Wastewater Treatment Facilities - Paul A. Laurence Company No activity. u you want a Question Comment on all sections Work accomplished this week Work scheduled for next week Appro,dmate No. of men working Approximate Completion percent (each contractl I Approximate Project Completion percent Delaying factor, Visitors WEEKLY STATUS REPORT �• (Continued) No. 4 For Week Ending July 1, 1988 Job No. 9885 1 General• Pat Mullin filled—in for Lee Koch -Thursday and Friday of this week. A 36" by—pass line is intended for installation around the Influent Pump Station Excavacion. Visitors: Paul Petitti,eDave Kreye, and Jim Nollatz from Stanley Consultants, Inc. were visitors to the site (N. Plant) this week. Respectfully submitted, STANLEY CONSULTANTS, INC. / Leland D. Koch Resident Manager LDK:ktr:9885 -_ cc: Mr. Charles J. Schmadeke cc: T. C. O'Rourke cc: P. E. Mullin Page 9 PROJECT SCHEDULE Critical Dates: North Plant - June 1, 1989 - Completion of the Sludge Pump Station, Excess Flow Clarifiers, Chemical Building and Chlorine Contact Tanks with associated piping. November 15, 1989 - Completion of all work. South Plant August 1, 1988 - Start work on site. October 1, 1989 - Completion of sludge handling facilities. June 1, 1990 - Completion of all work associated with placing the facilities into service. The Contractor's Construction Schedule was recieved July 12, 1988, and is being reviewed at this writing. JUNE 1918 COST ANALYSIS CITY OF IOWA CITY WASTEWATER TREATMENT FACILITIES ORIGINAL APPROVED CHANGE EARNED PAYMENT CONTRACT CHANGE ORDERS CURRENT THIS EARNED PERCENT CONTRACT DESCRIPTION MOUNT ORDERS PENDING ESTIMATE NORTH TO DATE EARNED . •----------••-----•-----•--•-•--------••---..._...--------••--•-••------------•----•-------............---..........-- NORTH EXCESS FLOW 8 NASTEAAIER;616,200,000.00 ; 10.00 ; 10.00 ;11!,200,000.00 ; 1519,211.55 ; 1156,016.65 ; 5.32% TREATMENT FACILITIES SOUTH WASTEWATER TREAIMEAT ;111,036,000,00 ; 10.00 ; 10.00 ;611,036,000.00 ; 10,00 ; 10.00 ; 0.005 FACILITIES , TOTAL CONTRACT ;125,236,000.00 ; 10.00 ; 10.00 ;125,236,000.00 ; 1589,211,56 ; 1156,016.65 ; 5.12% 9 is Jun. Tsee GRANGE 0RDER STATUS REPORT CITY OF IOWA CITY WASTEWATER TREATMENT FACILITIES 1 CHANGE DATE GATE DATE DATE ORDER ! ITC TO FROM TO FROM NO. DESCRIPTION AMOUNT NO. ;CONTRACTOR;CONTRACTOR! OWNER OWNER s ,No Entries to June i i1 /asci N 6 JUNE 1911 PROGRESS ESTIMATE SUMMARY CITY OF IONA CITY WASTEWATER TREATMENT FACILITIES ORIGINAL APPROVED PRESENT VALUE OF PARTIAL AMOUNT CONTRACT CONTRACT CHANGE CONTRACT VORI TOTAL PAYMENTS DUE DESCRIPTION AMOUNT ORDERS VALUE COMPLETED WITHHOLOIRGS MAOE CONTRACTOR NORTH EXCESS FLOW 1 ;611,200,000.00 ; 10.60 ;111,200,000,00 ; 1195,101.00 ; 679,190.15 ; 1166,199.10 ; 1589,211.55 AND WASTEVATER ; TREATMENT FACILITIES SOUTH WASTEWATER :111,016,000.00 ; 10.00:111,096,000.00 ; ; 10.00 TREATMENT FACILITIES: ; 10,00 ; 10.00 ; 60,00 .................. -- 1-- - ------ 1 I 1 1 1 TOTAL CONTRACT :125,216,000,00 10,00 :125,226,000.00 1195,101.00 629,190.25 1166,199.10 1589,211.55 /a W 9 ■ 1-16•ee -H° �k F F'Gc STANLEY CONSULTANTS, INC. 75 years July 18, 1988 Mr. Charles J. Schmadeke CITY 6 Director of Public Works City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Schmadeke: Re: Subcontractors on Site North Excess Flow and Wastewater Treatment Facilities and South Wastewater Treatment Facilities CITY of Iowa City, Iowa During the month of June, 1988, the following subcontractors worked on the North Plant site: Aspen Services, Inc Milwaukee, WI Kelley Contract Dewatering Co. Wyoming, MI Murray's Excavating & Grading Cc, Ltd. Iowa City, IA Melsner Electric, Inc. Newton, IA Lifetime, Inc. Cedar Rapids, IA Please advise should you have any questions. Sincerely, STANLEY CONSULTANTS, INC. Leland D. Koch Resident Manager LDK:ktr:9885 cc: P.E. Mullin NLEY BUILDING • MUSCATINE, IOWA 52761 • )019) 264.6600 • TELEX: 466402 • CABLE: STANLEY MUSCATINE IOWA 1 MEMBER OF THE STANLEY CONSULTANTS GROUP INTERNATIONAL CONSULTANTS IN ENGINEERING. ARCHITECTURE. PLANNING. AND MANAGEMENT N -A_�� _c IlY.N, Y,. ... Lam.. •..., _�_.L_�._T-•___r__._'-_ -fir' 1 _ _ ".�`r tib: �i' '"• ° s �'kc4' � �� % 'v: , 3.:r�avvrn t _ 'f 1 i :.I .t �7r'te�jla I Q Jam• . Mw i:. .. -.� " ✓. �:,� .. .. .�:� :.0 ...... 60'-1. Diam Well Casings a; _0' Sc gens. Recur: 5" D'_;es:ec S uc;e =. :aeoons �a V/ r_ 3 �•. r...""!I iif-7 .. .. ..� City of Iowa City MEMORANDUM DATE: August 5, 1988 TO: City Council FROM: City Manager RE: Material in Information Packet Memoranda from the City Manager: a. Mercy Hospital b. Proposed Downtown Study c. Fire Master Plan Copy of letter from Assistant City Manager to Elwin Jolliffee regarding the request of the Hanover Court Owners' Association for a fence to be erected atop a retaining wall. Memorandum from the Director of Finance and the Parking Supervisor regarding Parking Appreciation Day. Memorandum from the City Clerk regarding licensing of peddlers. Memorandum from the Human Services Coordinator regarding the Free Bus Ticket Program Review. Article: "Florida Readies Broad Assault on Garbage" Copy of Triennial Review III, 1988. To Council Only: Legislative Issues memorandum from the City Manager. , 447 V -Y ,Sa I �5� City of Iowa City MEMORANDUM Date: August 2, 1988 To: City Council From: City Manager Re: Mercy Hospital We have learned that Mercy Hospital plans to expand their outpatient services. The Fire Department and Department of Housing and Inspection Services have worked with the hospital in the planned construction. We have been able to secure from the hospital a commitment that the new outpatient service facility will be provided, as per Code, with a sprinkler system, and the hospital will also prepare plans to provide a sprinkler system for the entire building within five years. This is a significant accomplishment I believe on the part of our Fire and Housing and Inspection Services staff as well as a major commitment on the part of Mercy Hospital. cc: Larry Donner Doug Boothroy bj/pc2 ON Y •0" 2 11 I City of Iowa City MEMORANDUM Date: August 3, 1988 To: City Council From: City Manager Re: Proposed Downtown Study As you are aware, over the last several months, the community, as represented by numerous organizations expressing their support, wishes to pursue some type of study of our downtown. While there are many views with respect to the scope of the proposed study, all in all it appears to be a desire to analyze and review our existing downtown development, and to improve upon what we believe to be a successful downtown environment through the study effort. Arising from the zoning debate concerning the Northwestern Bell property, the Chamber of Commerce, Downtown Association, and a specially appointed task force have expressed their support for a study. Although there were unanswered questions, such as the overall scope of the study, the oversight process, who would be responsible for financing, etc., there was agreement that the potential for future development of the downtown and surrounding areas (south of Burlington) should be assessed. 1 recently convened a meeting of several City staff personnel to discuss the proposed study. Our purpose was to determine the scope of the study. Most importantly was the question of "what do we wish to learn" from this study effort. We have reviewed various options and reached a general consensus with respect to the scope of the downtown study. Our discussions focused on what we believe to be the overall goal for the community with respect to its downtown, that being a viable, diversified central business district which includes an economically healthy mix of retail, office and service establishments. We also reviewed the previous urban renewal statements which also support this general goal for our downtown. la` -3 S G We believe that the initial focus of the study should be one of a market overview, that is, what can we expect to develop in the Iowa City market in general and how does our downtown position itself uniquely to share in that market. Additionally, we would address what changes might be necessary (moving the CB -10 zone south of Burlington) to facilitate growth and market share. There was general agreement that the downtown should remain a retail core, however, there is potential for additional employ- ment opportunities, such as business services, professional service, possibly housing, etc. This would, in effect, significantly expand our downtown to a complete business center as well as retaining our retail core/community shopping center. The location of development opportunities in downtown would greatly depend upon the type of planned uses determined from the market study and whether these land uses can be accommodated within the existing downtown boundaries. Any discussion of downtown issues will ultimately point toward the role of the City and public policy with respect to providing the necessary amenities such as public funding of parking. The existing CB -10 zone encourages intense land use and provides a public commitment for financial support for parking. Whether this is to be our continued policy can only be answered when we have some better measure of the likely "build out" of our downtown area and a vision or plan of the type of development we would like to (or be able to) achieve. Regardless of our desires to continue to expand our community's interest in the use of transit, the retail core and the daytime shopping and evening entertainment component of the economy appear to continually rely heavily upon automobile users. Transportation and parking issues, regardless of your particular philosophy, will require public support. City staff is also currently in the process of preparing to conduct a downtown parking study. This work effort is to be performed in-house by the JCCOG Transportation staff. This study is intended to review the characteristics of downtown parking usage, utilization of existing facilities, metered parking turnover, parking supply inventory, and other estimates of downtown parking demand. We believe this study can be supportive of any work undertaken with respect to our downtown and I have been assured that if there is a dramatic change in policy with respect to /atI3 I 3 land use or other marketing decisions concerning downtown, the data from the study would be helpful in initiating a review of parking requirements. The City staff committee reviewed the matter of whether the downtown study could be performed in-house. We currently have a number of major projects underway in our Department of Planning and Program Development. These include the Comprehensive Plan and subdivision ordinance revisions. The work effort to keep up with our general growth and development has been significant over the last few years and thereby also requires staff support. It was our conclusion that it could be some time before a downtown study could be undertaken in-house without a change in work priority. We further assumed the interest was to undertake the downtown study as soon as possible and that it would be necessary to purchase consultant services. It is important that before we proceed, the City Council's expectations with respect to the scope (limits) of the study need to be known. I have scheduled for your informal meeting of Monday, August 8, a discussion of the proposed downtown study. A preliminary outline of the possible steps involved in this study is attached for your consideration. At that time, we would like to be able to determine how best to proceed as well as any limits that you wish to place on the proposed market demand/downtown study effort. cc: Karin Franklin Don Schmeiser Patt Cain Jeff Davidson Pat Grady Suzanne Summerwill bj/pc2 /11 /a V3 9 IOWA CITY DOWNTOWN STUDY PURPOSE To assess the market for future development in the Central Business District and to determine the optimal land uses, achievable development concepts, and appropriate City regulations and programs to capture this market share as part of overall downtown development. STEPS IN STUDY Market reconnaissance, using secondary source information, to determine the supply and demand for retail, office, residential, governmental and institutional uses in the Iowa City area. Allocation of the market share of this development that would be suitable and achievable for the Central Business District. Analysis of existing land uses and regulatory policies. Analysis of traffic circulation and capacity constraints in coordination with parking analysis being performed by JCCOG. Analysis of site development characteristics necessary to capture the desired market share of potential downtown development. Recommendation of alternative development concepts, spatial arrangements and programs for the Central Business District, particularly the area south of Burlington Street. Preparation of development schematics and suggestions for changes in existing zoning regulations to achieve the concept/program selected. Implementation of public participation opportunities at appropriate stages of the study (via task forces, workshops or public meetings as suitable). City of Iowa City MEMORANDUM Date: August 4, 1988 To: City Council From: City Manager Re: Fire Master Plan Chief Donner has initiated a Fire and Emergency Services Master Plan. Fire service master planning is becoming a widely accepted strategic planning tool and will serve as a long-range planning document for our Fire Department. We are currently in the process of collecting and analyzing emergency response data. Chief Donner also plans to involve other essential agencies who support our fire emergency services. These include the Johnson County Ambulance, Inspection Services, City Planning, Water, Public Works, and Police. These departments have agreed to assist in the planning effort. I will keep you advised of our progress. SJA/sp/PC-3 -A 6 .I9 . CITY OFIOWA CITY August 3, 1988 Mr. Elwin T. Jolliffe, President Hanover Court Owner's Association 3377 Hanover Court Iowa City, Iowa 52245 Dear Mr. Jolliffe: Your letter and petition of July 3, 1988, to the City Council, requesting that a fence be constructed atop the retaining wall between Hanover Court property and the new sidewalk, was referred to staff for consideration and a recommendation. I have discussed this matter extensively with the Public Works Director and Engineering Division staff and we are unable to identify an alternative which will alleviate your concerns. While we do agree that there may be some risk to a young person walking atop the wall and falling off, construction of a fence on the wall would very likely create an additional hazard. Children who are playing on or near the retaining wall would be very apt to climb on or over a fence above it and would thus be subject to the danger of a fall from a greater height, perhaps sufficient to cause serious injury. This and other retaining walls around Iowa City have been purposefully designed at lower heights because they tend to last longer and are less of a hazard. We have considered various possible designs of fences or other barriers which might prevent a child from rolling off the top of the wall. Any such structure would, in our minds, be very enticing to children to climb on, thus creating an attractive nuisance. This particular retaining wall was designed to accommodate a slope on the hillside which would allow for preservation of the shrubbery existing there. The overall potential for injury could be greater if the fence you suggest were constructed. Staff feels that the current design is the safest and we could not recommend to the City Council that a fence or other barrier be constructed atop the wall. CIVIC CENTER • 410 F{ST WASHINGTON STREET • I01Y.5 CITY. IOW i::10 • (1 19) IS6.j001 a a Mr. Elwin T. Jolliffe August 3, 1988 Page 2 I do share your concerns for the safety of the children in your neighbor- hood. As I indicated to you on the telephone, I would be happy to meet with you and your neighbors to discuss this or any other matters of concern which might affect the safety of the residents of your area. Sincerely yours, o Dale E. Helling Assistant City Manager cc: City Council Public Works Director City Clerk bj/pc2 City of Iowa City �,- MEMORANDUM Date: August 5, 1988 To: City Council From: Rosemary Vitosh, Director of Finance��o Joe Fowler, Parking Supervisor G Re: Parking Appreciation Day We are requesting that Friday, August 19, 1988, be designated Parker and Parking Employee Appreciation Day. A Proclamation regarding this does order appear n the ertoallowAust 9 usto recognize the Citouncil y eemployeeshave who provscheduled de, maintain and enforce the on- and off-street parking facilities in the Central Business District, and to express our appreciation to the Citizens of Iowa City for their continued support of the Iowa City Parking System. Current plans for the day include free parking in the Central Business District at all meters and in both parking ramps, demonstrations of the new ticket writing equipment and of parking meters, along with the distribution of parking information to the public. In addition, Parking Systems will be unveiling its new logo. We plan to have all Parking Employees wearing their new T-shirts which will display the new logo. It has been several years since a Parking Appreciation Event has been scheduled. This will again provide the City a means of recognition for the employees and a way to thank the Citizens for their 2.9 million hours of paid parking in FY88. Information and display tables will be set up in the elevator lobbies of the Capitol Street Parking Ramp and in the City Plaza. We invite you to stop by sometime during the day and look us over. RV/sp a City of Iowa City MEMORANDUM Date: August 4, 1988 To: Mayor and City Council From: Marian K. Karr, City Clerk (1� Some time ago I was contacted by Dickie Van Meter, Licensing/Marketing Director, from the University of Iowa Department of Athletics regarding City licensing of peddlers. I am attaching correspondence relating to this matter. Ms. Van Meter has requested time be allotted her during the informal session Monday evening. Should you desire any further information, feel free to contact me or the City Manager. tp4-4 /a 11-7 N THE UNIVERSITY OF Intercollegiate Athletics July 11, 1988 TO: Marian Karr The City of Iowa City Civic Center FROM: Dickie Van Meter Licensing/Marketing Director The Department of Athletics University of Iowa Iowa City, IA 52242 ----------------------------------------- IOWA Carvar•Hawkeye Sports Arena Iowa City, Iowa 52242 Last fall an initial letter was sent to you expressing The University's concern regarding the proliferation of merchandise vendors along Melrose Avenue on football Saturdays. Our original letter is enclosed. The licensing office has undertaken a research project to determine what other municipalities and universities have done to control similar problems in their communities. Solutions range from total prohibition of "peddling" (Michigan --Ann Arbor) to controls through the requirement of a license with the city (Ohio State --Columbus). Prohibiting vending in and around Kinnick would greatly improve the flow of traffic and create safer passage for crowds. it would also help The University control the increasing sale of unlicensed, University -related merchandise. If prohibition is not possible a system which requires a permit would help control the number of vendors as well as the legality of what they sell. The University understands that football Saturdays require a total commitment of available manpower and that a cooperative effort between the City and University would be needed to implement either option. As we are rapidly approaching this year's football season, we submit the following suggestions for theocity's review. Please advise my office as to what the appropriatesteps may �a q-7 I be. Both Julia Mears; the President's Office, and William Fuhrmeister; Campus Security, have reviewed this material. In advance thank you for your help. PickieVan Meter Licensing/Marketing Director 1A V7 a RECOMMENDATIONS FOR VENDOR PERMIT REQUIREMENTS (1) name of applicant address and telephone number (2) photograph (3) proof of identification (4) name/address/telephone number of business selling merchandise (5) description of business goods to be sold and at what location (6) time period when selling (season) (7) license number and description of vehicle (8) verification that applicant has sales tax number and that all taxes have been or will be paid (9) a copy of the executed University of Iowa licensing agreement signed and dated by the director (when sales will include goods bearing The University's federally registered marks) (10) proper health department certification in the case of food products being sold /a �17 IMPLEMENTATION it is recommended, particularly the first year, that implementation be done through public relations and education. It should also be noted that enforcement of permit requirements is a necessary element in the success of the proposed program. A limited number of permits will be issued for the sale of merchandise on football Saturdays. The number of permits issued will be determined by the city, consistent with the goals of the program. The fee for permit shall be determined by the city. I THE UNIVERSITY OF IOWA Intercollegiate Athletics Ortober 14, 19?7 TO: Marian Karr Civic Center 410 E Washington Iowa City, IA 52240 FROM: "Dickie" Van Meter Marketing/Licensing Director Athletic Department University of Iowa Iowa City, IA 52.242 -------------------------------J--- Carver-Hawkeye Sports Arena Iowa City, low: !`^'' - We have recently investigated the merchandising operations which are set up along Melrose Avenue on football Saturdays. Although most of these operations are set up on private property, many spill onto city sidewalks and create a situation where passage is almost impossible. 'There are two major areas of concern. The first area of concern is that of safety. The merchandising operations attracts additional congestion in an already badly overloaded area. People are jostled and are barely able to negotiate the sidewalks on a game morning. The second area of concern is that of licensing. The University initiated a licensing program six years ago primarily to protect the university and the commercial use of its marks. The University of Iowa has established a licensing program which now has over 400 vendors licensed to use its marks and who contribute significant revenues to scholarship programs. The program was developed to address serious problems. Inferior merchandise with inappropriate designs were being produced which reflected negatively on the University. Many of those merchandisers set up on Melrose Avenue have not secured licenses or have not purchased their merchandise from licensed suppliers. In one case, we have identified a man who produces illegal merchandise in Madison, WI and brings it down to Iowa City and sells on football Saturdays. Another unlicensed vendor sold a ceramic mug in the shape of a woman's breast with the University's marks. Things have clearly gotten out of hand. a�7 Many other universities have found it beneficial to work with local municipal auhhnrities in seeking ^Efnntive w•:• to control the pr -Ii rer-,Ior unlicensed merchandise being sold in and around the stadium. We would like to work together to address this problem. One approach used in some areas is having the city issue a sales permit for game days, which in turn requires evidence that vendors be licensed by the University. By requiring a vendors permit the quality and legality of the merchandise would immediately be assured. Moreover, the number of licensed vendors could be regulated to address safety and traffic concerns. Unfortunately, where there are opportunities for illicit activity and no cooperative efforts at enforcement a negative element may b&gir, to make an impact both on the University and the city streets where these operations are set up. Please let me know what the appropriate channels may be to pursue a discussion regarding this problem. In advance, thank you. Dickie Van Meter Marketing/Licensing Director /a 417 6 Attend the ACLA 1988 Annual Meeting, April 11-13 in Cincinnati Once again this spring. ACLA will ]told its Annual Meeting, a duea dzy event scheduled simultuxausly, witih die National Association of College stores (NACS) convendom 'Ilse meeting's location is Cincinnati, Ohio. Registration for all NACS seminars and presentations will be complimentary for registered ACLA annual meeting panicipenl, and entrance to rise Catnpus Muket Expo is $25. A packet of information will wive shortly with additional scheduling information. Total cost for die ACLA meeting will be 375. Accommodations extra. In response to requests from evaluations of tut year's seminar, new and in-depth sanious are plumed, a surrunuy agenda follows: Sunday, April 10, 1987 a Board of Dimcons blceting a Board of Directors Dinner Ap:d :,, IY::; a Uptinnal tows or 11. Wulf mid Yclva Sheen a Cmnplianw Reviews: A panel discussion to NACS a Annual ACLA Business Meeting Twesday, April 12, 1987 a EducationalScminar•Novice. Pancl: "Concerts of New Licensors' ■ EducationalSaninu•Advanced. "How to work effectively with University Legal Counsel" as "Merchandising Licensed C sods" panel discussion to NACS a Educational Seminar•'Use of University Marks In Advertising" s Educational Scminar•"Sports Licensing" • Cr—klail •rc-laian a ACLA Duma reception Wednesday, April IJ, 1987 is ACLA Presentation to NACS "Inuoduction to die ACLA Resource IW.k." is Break out session: "Communication Topics bi licensing' Campus Market Expo—Ciucinnall Convention Center We hope to see die entire ACLA membership almost this event to further the educational and professional mission of The Astoeiar;­ Site Orders: The Key to Sports Venue Enforcement By Jellrey L Leytin, Esq., Lewin & Laylln, Now York Sala of fully sudnorited and licensed merchandise by colleges and universities at football, basketball, bowl and NCAA romanticist games have become major revenue sources (tot supplemental) for sponsoring academic institutions and their athletic programs. Unfortumtely a significant amount of revenue from die sale of merclinndise featuring the nW ks of lawns and Institutions engaged in such spelling events never benefit tie schools or their authorized license". illegal counterfeit merchandise std wdicensed vendors ate Increasingly depriving colleges and wavers; tin of a major Muscle of revenue which rightfully belongs to them. Not only is the Ion of revenues degenerative, but die unhindered Sale of counterfeit merchandise can result, u well, in non -monetary losses o the burbutions involved. , Boodeg vendors sell low and quality goods, (which unsatisfied customers retum to Use authorized licensee tad/or iuOmQan) u well u merchandise which denigestm the image of the institution itself. Unlicensed counterfeit merchandise hams, not only due extensive goodwill cultivated by the educational imtimdon, but its licensing program (ad maehandise) and its attendant merchandising revenue. preventing counterfeit sales Its been problematic because Ila unlawful vendor is chuaela4duily dirfrcult Io apprehend. lie appears on Santa day, and disAppears into thin rem Itis Inventory md/or die crowd jos Ione. Tile legal system, too, has been elusive, offering little rid to licensorrimtimtions in Weir attempts to police deir own sodiums, menu tad stimunding mess. Recently, however, we at Lewin k Laylin have devised and implenened A legal course of conduct which has proven immensely effective in preventing and discouraging vendors of udicemod product (eounlerfeitcn) from selling up shop at or near the site of a sporting and/or entertainment event. By obtaining what we have termed a'sioarda,' the owner of a stadium, ucm or less= of sone cut establish a munlerfeil•free mate within an area surrounding die venue for a period of time Wore and after ach and every game and/or event which lakes place At said value. The site order is novel in diet it provides a venue with a permanent Injunction which% prohibits the sale of coumerfeit merchandise during a specified time frame and within a specified an. With site -order in place, if a vendor even attempts to sell his illicit wars at die venue site, die offending merchandise is confiscated will the vendor is notified of rite pan uIda din will be summed if he continua o violate ilia order. Morcover, if the vendor continues his unlawful wilvitia he is than in contempt of die court's order (p.eh We pansancnl injunction), and will be subject to civil and erioll"I contempt proceedings. 1116 feu of Ion of gods And the allendanl Investment therein, u well as the real tueal of civil and criminal prosecution, has a tremendous detenaul effect on vendors of counlerreit merchandise. and makes die site order Ilia most powerful legal weapon thus far obtained and available rot use by colleges anal universities tad their Authorized licensoa. Fwt ennore, the venues private security farce is empowad to seire the counterfeit goods whiten, reliance on local officials whit in die rnsjority creases do not want to be bothered with this very real problem. Loss of merchandise coupled with possible civil and aimival suctions pus definitely persuaded, where Applicable, We majority of coun,erfeit vendors to hawk their wares in A safer and more forgiving environment. We obtained die fust permanent site order on behalf of Madison Square Garden and Harry M. Stevens before die United States District Court for the Soudtcm District of New York on September 10, 1986. The order enjoins any and all known or unknown vendors from selling unauthorized or unlicensed merchandise at de Garden (and within a one mile radius of same) during a 24-hour period prior to and after any event at the Carden as long u the Carden and/or Stevens; holds the exclusive right to sell the merchandise of tine perremcrs and.or teams then appearing at die Cudcn. Thus any otter person selling merchandise at or near die Cudcn is in violation of die court's order. Since that dmc, management at other venues has reaped benefits from utilizing the site order. Since a she•order has been in place at the Nassall Veterans Memorial Coliseum, a large spons/cnenainm an facility on Long Island, each show/avant thereafter hu set records for gross•revenue mcrcharduc sales. Ina recent case, repand violations of dm site artier subjected one individual to die payment of fill", legal fees and ■ six month sentence in federal prison. The site order Is the only proven effective component of an anti•counterfaiting program the owner and/or lessee of a stadium or arena has at its disposal to combat die sale of unlicensed merchandise at sports and emenainrnrnt events. The benefits to college and unlvasily licensing pregruns are readily apparent. Licensed merchandise nncvs real dollars and these revenues must be protected. The site order enables licensors. Who have everything to lost and nothing o gain to prmcm their properties; from bootleg vendors who have nothing to lose and everything to gain. /4247 Johnson County Council of Governments 410EV/OSh1rgtonS1 bAcGty,bw052240 rr 00 0 Date: August 1, 1988 To: Members of the Iowa City City Council From: Marge Penney, Human Services Coordinator ('(14 Re: Free Bus Ticket Program Review The City of Iowa City began providing free bus tickets to individuals seeking work through Job Service of Iowa, in September of 1983. In April, 1985, the City Council directed that the Iowa City Crisis Center and the Johnson County Department of Human Services be added as distribution sites; these agencies were first given tickets to be distributed in June, 1985. Council reviewed the entire program after six months, and again at the end of FY86 and FY87, and determined that it was successful in meeting the needs of those persons it was intended to help. Each agency receives a predetermined number of tickets each month. Job Service and the Department of Human Services each receive 200 tickets per month. The Crisis Center received 75 tickets per month until September of 1987 when its monthly allotment was increased to 100 tickets at Council's direction. If there are tickets left over at the end of any month, the number of tickets provided for the next month is reduced to prevent stockpiling of unused tickets by any agency. Both the Department of Human Services and the Crisis Center supply statistics regarding the number of tickets dispensed and the purposes for which the tickets were used. Job Service does not supply this information, as they accepted the program in 1983 with the stipulation that they not be required to screen clients or keep records. During FY88, the three agencies received a total of 5,040 tickets and ten one-month bus passes. I have appended letters regarding the bus ticket program from the Directors of the human service agencies involved. They are enthusiastic about the free bus ticket program. Statistics on the usage of the tickets during FY88 are also included. While the majority continue to be used for employment related activities (6690), the remainder met a wide range of needs. Both the statistics presented and the Directors' responses indicate that the program is fulfilling Council's objectives in establishing the free bus ticket program. During the last month, I have discussed this program with the Director of each agency involved and have carefully reviewed the statistics on ticket usage. It is clear that Council's decision to increase the monthly allotment of tickets to the Crisis Center, from 75 per month to 100 per month, has improved this program. Even though the Crisis Center is extremely frugal with its tickets, it could rarely make t its 75 ticket allotment last through the month. At the 75 ticket level, the Center ran out of tickets before the last week of the month ten times in fourteen months (71%). During the ten months since the allotment was increased to 100 tickets, the tickets were gone before the last week of the month only twice (20%). I have concluded that the current program, while limited in scope, is a real help in providing transportation assistance to the most needy human service agency clients. Please call me at 356-5242 if you have questions or concerns about any aspect of the Free Bus Ticket Program. bdwl-6 i BUS TICKET PROGRAM - JULY 1, 1987 TO JUNE 30, 1988 (FY88) TOTAL TICKETS DISPENSED BY THE CITY TO EACH AGENCY TOTAL TICKETS DISPENSED TO CLIENTS BY EACH AGENCY JULY to SEPT OCT to DEC JAN to MAR APR to JUNE TOTAL DHS 600 600 575 600 2,375 Crisis Center 250 300 300 300 1,150 Job Service 470 435 370 240 1,515 TOTAL 1,320 1,335 1,245 1,140 5,040 TOTAL TICKETS DISPENSED TO CLIENTS BY EACH AGENCY TICKETS ON HAND AT EACH AGENCY BEGINNING FY88 END FY88 DHS 3 0 Crisis Center 0 17 Job Service 75 160 TOTAL 78 177 NUMBER OF INDIVIDUALS/FAMILIES RECEIVING TICKETS, BY AGENCY* JULY to SEPT OCT to DEC JAN to MAR APR to JUNE TOTAL DHS 562 565 651 600 2,378 Crisis Center 250 281 314 288 1,133 Job Service 463 337 386 244 1,430 TOTAL 1,275 1,183 1,351 1,132 4,941 TICKETS ON HAND AT EACH AGENCY BEGINNING FY88 END FY88 DHS 3 0 Crisis Center 0 17 Job Service 75 160 TOTAL 78 177 NUMBER OF INDIVIDUALS/FAMILIES RECEIVING TICKETS, BY AGENCY* TOTAL BUS PASSES DISPENSED BY DHS - 10 (Only DHS dispensed monthly bus passes.) l�70 6 JULY to SEPT OCT to DEC JAN to MAR APR to JUNE TOTAL DHS 57 63 73 60 253 Crisis Center 80 80 102 93 355 TOTAL 137 143 175 153 608 *These statistics do not include Job Service tickets. TOTAL BUS PASSES DISPENSED BY DHS - 10 (Only DHS dispensed monthly bus passes.) l�70 6 K NUMBER OF INDIVIDUALS/FAMILIES WHO RECEIVED:* *These statistics do not include Job Service tickets. NUMBER OF TICKETS USED FOR: JULY to SEPT OCT to DEC JAN to MAR APR to JUNE TOTAL 1 ticket 13 11 17 14 55 2 tickets 26 26 28 25 105 3 tickets 7 8 12 10 37 4 tickets 33 45 49 45 172 More than 4 58 53 69 59 239 TOTAL 137 143 175 153 608 *These statistics do not include Job Service tickets. NUMBER OF TICKETS USED FOR: TOTAL 2,378 1,133 1,430 4,941 /aso 8 DHS CRISIS CTR. JOB SERV. TOTAL to seek employment 660 291 1,430 2,381 to and from employment 528 178 - 706 medical appointment 165 110 - 275 aPpt. with other agency 464 216 - 680 children: to and from school 287 97 - 384 to return home - 198 - 198 to adult classes 49 - - 49 apartment hunting 15 8 - 23 workfare 183 - - 183 run errands - 15 - 15 other 27 20 - 47 TOTAL 2,378 1,133 1,430 4,941 /aso 8 W Iowa City Crisis Intervention Center 321 East First Street Iowa City, Iowa 52240 Ms. Marge Penney Human Service Coordinator JCCOG Iowa City. IA 52240 Dear Marge: Crisis Line Business Line Food Bank TDD Machine June 30, 1988 (319) 351-0140 (319) 351.2726 (319)351.0128 (319)337.3586 I wish to express the Crisis Center's sincere appreciation for the bus tickets which we have received from Iowa City this past year. The bus tickets have been a tremendous resource for our clients. The tickets have been used to provide the only transportation that many of our clients have access to. Without the tickets, clients would not have been able to get to the Crisis Center to receive food from the Food Bank Program, to the Department of Human Services to meet their social workers, to the Emergency Housing Project to receive shelter, or to the many other services available. The Crisis Center has always had to limit the number of tickets available to a family each month, but we are confident that the tickets make a significant difference in our being able to serve the portion of our community with the greatest need. Si r lyb Robin Paetzold Food Bank/ Emergency Assistance Program Director /,QW 9 If Iowa Department Of PHONE NUMBER (T4j-35r-w0 Social Services Johnson County Office TERRY E. BRANSTAD 911 North Governor GOVERNOR Iowa City, Iowa 52240 July 1, 1988 Michael V. Reagen Commissioner Marge Penny, Human Services Coordinator Johnson County Council of Governments 410 E Washington Iowa City, IA 52240 Dear Marge: The bus pass arrangement has worked out well for a third year, and I think the City Council can be proud of the results. Statistics for this year show that an average of 21 clients per month received tickets and that 2378 tickets, an average of 9 - 10 tickets per person, were used. We have noticed a slight increase in the number of people who need to use the bus on a regular basis (for example, to get to a job each day until they receive a first paycheck). We continue to receive a favorable response to the program from clients and other human service professionals. Thanks to you for your help in making it work. Sincerely, Carol Thompson Director of Human Services CT/mfc IOWA COUNCIL ON SOCIAL SERVICES Gmc.e Larsen Joan Lo0y Dolph PUlham Lewis Rich Rd, Rohpim Maoalene Townsend J T Watton (Amesl (Cedar Rapids) (Des Momesl IGbddnnl wa.enyl IDavenpom (Welt Om Moines) /ate Terry E. Branstad, Governor JOB Job Service of Iowa SERV�CE� P 0. Box 2390 1810 Lower Muscatine Road 'n, Iowa City, Iowa 52244 OF IOWA Phone: (319) 351-1035 July 1, 1988 Marge Penney Human Services Coordinator 410 E. Washington Iowa City, Iowa 52244 Dear Ms. Penney: This is to assure you that the Job Service office continues to dispense the City Bus passes to job seekers of the area. It is the opinion of the staff that two free passes enable people to get to a job interview and return from the interview. On behalf of the residents who have benefited from this service, please thank the Council for their past and future approval. Sincerely yours, Tom M. Bullington Manager Job Placement • Job Insurance • Labor Market Information A Division of the Department of Employment Services /a i�y 9 Florida.Readies Broad Assault ,,On Garbage By Busmwa Cuusorr Soflfteponerof!r" W. Srnsrr]ouwNAL In Florida. the conventional plastic shopping bag is headed for extlnctin. New tires sold there next year will carry a $l fee to help finance recycling. Dump gar• bage by the side of a road In the state, and it con may cost you points on your driver's license. Florida, facing what may be the na- 'tin's biggest 'garbage problem, has launched the most ambitious assault on 'solid waate.lret attempted in any state. A legislature aid signed Into law last mono alms to hammer the rising cost of solfd waste disposal, and the virtues of MY- clfng, Into The conadonvtess of every Flor. Ida conswner and business The Mart of the legislation is a provi; slon omit makes vhtuaBy every consumer, product container purchased by the 12 M11 - Bon residents of the nun's fourth largest state subject to recycling rules In four years. Oaliornfa has bad a recycling law since mid1987, but It applies only to soft' diink and beer containers. Mandated Reductions in a state where garbage dumps tower over the pancake•nat landscape—Florlda's high water table precludes burying trash in much of the state—and where wastet¢ energy Incinerators are meeting increasing skepticism, the new law requires local gov ernments to cut Oe trash they dump by V. in mire neat five years, mostly by MY -The state can cut off funds to cities and counties tbat•dn't canPIY, so most m,.:Im.rdios sre exnected to ask rest - sort their trash for recycang. rte• List, will be encouraged through an e'rystem of taxa and tees on a deeloy of�lleand ws nvw bottles, news - The wws- Itis yule txnterpleee, the "advance- disposal advancrdisposal fee,will start out as a one-centcharge to be levied on every container sold at retail—glass, Plastic, plastic -anted pa- per, aluminum and other metals—that isn't recycled at a 609. rate statewide. For ex* ample, a 12 -ounce glass bottle of cola, or a plastic bottle of shampoo, will cost con, sumers a penny of disposal fee. on top of the slate's 6% sales tax, If Florida's De partment of BnvlronmenWi Regulation de- termites rtermines that less than half of these glass and plastic container types are being recy- cled. ectasled. The one -cent fee takes effect on Dct. 1, 1992. It WII1 I=10 icon oats a'anti 110' a y Winer B the recYen target isn't met 0'' OCL 1,IM. The fee has twin gabs: to dW courage the use of containers that end up In land= after a single use, and to rape money for a statewide recyu9og Infra- structure. Business Isn't unhappy'wIN the dls• posal•fee concept. Julie Mt•CahW, vice caet of IteNational calls "forthright and ahead of Its time." She says the deposit fee is far supe rior to the ,bottle -bill" approach used is nine states, beduse the deposit fees affect W containers, not lust beverage bottles, and containers aren't returned through re tall outlets. Bottle bills require retailers to pay consumers for retuned empties. The plastics Industry howled when an early version of the bill proposed outlawing containers that use more than one kind of plastic. a move that threatened to wipe out. whole awes of the average supermarket:. , fiozen•food pt ackages, n and Juke our ons, squeeze. ketchup containers nearly all plastic bottle for carbons beverages. The reasoning a'as that containers sort" posed of more than one plastic can't be melted dam std remade Into the same Nve products as Bower pots, drainpipes, Td theticsleeping baps should clumber. and o rnt oagainst the recycling Pop -Tops and Batteries . ,If we're going to make food: we've got to have adequate packaging to Put It in," says David Hamrick, senor vice president of Tropicana Products Inc., a citrus Plan^ essor In Bradenton, Fla Troplcaoa's view of the recomdl ded law, says Mr. Hamrick, Is that "we can live with ii" The law's first provisions take effect. Jan. 1, when detachable mew pop•topa a ed Ind retailers Wifl,be required to acceWill be pwtmdeW on wed lead - acid batteries. other.meisures wUl take effect In a staggered set of deadlines over. six years: ,. . ,;q.... ..:.. For Instance, starting Jan. 1;1990, Was' tic shopping bags used by retailers WW have to degrade in -the environment within in days; a 10•cents,perton disposal fee on newsprint will take effect, lumping to 50 cents two years later If a 509, recycling target Isn't met; motorists who litter may get black marks on their driving records; and unauthorized damping of 500 pounds or more of trash becomes a felony. The pressure on cities and cantles to reduce their garbage will inevitably Nor down to every Florida resident. "1 envis- age a five -garbage -can backyard' says Tropicana's Mr. Hamrick. 'one each for aluminum, glass, paps all plastics, and one for everything else." M / 4 i. I CABLE TV TRIANNIAL REVIEW III 1988 Produced and Compiled by the Broadband Telecommunications Commission and the Broadband Telecommunications Specialist 6 ■ Table of Contents Introduction ............................................... Page 1 Executive Summary .......................................... Page 2 Programming Report (Patton) ................................ Page 3 Financial Report(Summerwill).............................. Page 6 Service Report (Hall) ...................................... Page 7 Technical Report (Justis) .................................. Page 11 BTS Report (Shaffer) ....................................... Page 12 Exhibit A (Summation of total programming hours produced by Iowa Citizens for Public Access and total citizen hours volunteered) ................... Page 14_ Exhibit B (All programming changes in Iowa City cable TV lineup from 1979-1988) ........................ Page 15 Exhibit C (Community Programming Center expenses for 1986) ............................................... Page 17 Exhibit D (Code requirements for provision of annual reports from cable company) ............................. Page 18 Exhibit E (BTS Budget for FY89)............................ Page 22 Exhibit F (Example of cable co. work order) ................ Page 27 Exhibit G (Information rate card sent to subscribers yearly) ..................................... Page 28 Exhibit H (Sample letter to all cable customer on company services and rates) .......................... Page 29 naso 1 CITY OFIOWA CITY INTRODUCTION The attached document is referred to as the Cable TV Triannual Review. It is the third such report the Broadband Telecommunications Commission has issued since its inception in 1979. Members of the BTC during compilation of the report were: Joyce Patton, Dan Hall, Roy Justis, Suzanne Summerwill and Bill Twaler (Chairperson). Mr. Drew Shaffer served as staff to the BTC. Each member of the Commission was responsible for a part of this report. The chairman, in keeping with sound management principles, delegated a section of the report to each member of the Commission. These assignments were as follows: Patton - Programming; Summerwill - Financial; Hall - Service; Justis - Technical; Twaler and Shaffer assisted all Commissioners. The Triannual review is mandated by the original Iowa City Cable TV Ordi- nance. It is essentially a progress and evaluation report of the cable franchise and cable TV developments over the last three years as well as an opportunity to provide guidance and suggestions for cable development in Iowa City for the next three years. It also provides a formal mechanism for public input, which was very good this time around. I would like to thank the members of the Commission for their efforts in putting this report together. They made my job very easy. This was my first experience with City governmental participation. If the remainder of the commissions or committees are staffed with the same quality of people that the BTC has, the City of Iowa City should have nothing to worry about. Thank you. /2�;�0� Bill Twaler BTC Chairperson CIA IC CENTER It 4I11 EAST AA'ASHI\CTO\ STREET • IOWA CITY. IOWA i:710 • (1191 Iih i..uu 1 A.r,-0 PAGE 2 EXECUTIVE SUIRIARY Conclusions: All channels on the Iowa City cable TV system are now filled. This lineup, if not the best, is one of the best for the price now offered. Community access involvement in Public Access Channel 26 has increased as much as 300% at times, representing over 10,400 hours of citizen time invested. All other local access channels have also grown in number of programs produced and cablecast. Financial statements from the cable company for 1986 and 1987 for Iowa City have not been forthcoming. Other annual reports have not been produced as well. Subscribership has grown from 9,528 to 13,865 from 1985-'88. Heritage has extended its office hours to include 9 A14-1 PM on Saturday. Rates for basic cable service have gone up from $8.90 to $13.95 (50+%). Future possible areas of cable potential include security, two-way communications and universal service. Recommendations for Consideration: 1. Efforts be made to obtain all 1986 and 1987 annual reports (Finance, Sunmerw411). 2. BTC or City formally notify Heritage of any instances of non-compliance to protect its position in the event of consideration of non -renewal of franchise for 1994 (Finance, Summerwill). 3. Plans for and investigation of an NPO to manage public access be finalized as soon as possible. Transfer of management to be completed as soon as possible as well, if further investigation indicates NPO is the best option (Finance, Summerwill).' 4. Need for pursuing methods of realizing accurate listing of cable channels and programs (Service , Hall). 5. "Audit" of technical reports on cable system (Technical, Justis). 6. Random system tests be performed on cable system for technical status (BTS, Shaffer). 7. Letter from BTC and Council to Representative Markey, Chairman of House Subcommittee on Telecommunications regarding needed changes to be made in the 1984 Cable Act (BTS, Shaffer). 10?SO F PAGE 3 PROGRAMMING REPORT In his draft for BTC discussion on programming for the 1985 Triannual Review, Nicholas Johnson states that cable television is programming and that the delivery of this programming should be the center of considerable attention during the process of any Triannual Review. He goes on to outline several categories of programming which will be used here. Although these categories are by no means the only ones which could be used, they seem to be good ones to use for a beginning: 1. Over -the -air. This pertains to conventional over -the -air television sta- tions - the locally -based commercial affiliates, PBS outlets, and any independent stations. 2. Super -stations. In Iowa City, we receive WTBS-TV from Atlanta and WGN-TV from Chicago, and geographically distant over -the -air stations distributed by cable TV satellite. 3. Satellite networks. These are satellite -distributed networks which have no over -the -air stations carrying their programs; they are solely distributed on cable systems. The 24-hour sports network ESPN is an example of this. 4. Pay cable. This is another name for a satellite network which offers mainly movies or other special events. The channel is "scrambled" and. cannot be received except by the payment of an additional fee. HBO, CINEMAX, and the Disney Channel are examples of our Iowa City cable sys- tem. 5. Community Channels. Community channels provide an opportunity for local citizens and institutions, such as schools, libraries and colleges, to use the cable system for programming of local concerns and interests. Such channels in Iowa city are 20, 26, 27, 28, 29. 6. Leased channels. Channels controlled by the cable company are leased to persons or institutions willing to pay the assigned fee. 7. Character generation. This is the print we see on our TV screens on the weather channel and the community channels. 8. Interactive. Two-way capability is an exciting possibility which would provide participation by the viewer. 9. Automatic services. The wiring within our homes and within the community would enable monitoring of alarm systems and other similar community -wide services. In reviewing the information included in the 1985 Triannual Review, it seems that many of the concerns expressed at that time have been resolved or at least diminished as cable TV in Iowa City has matured. The question of community access is still an on-going concern, especially in light of the change of ownership from Heritage Cable to TCI. Mr. Drew Shaffer is now working on a survey of the TCI and Heritage Systems to determine what they are offering in the area of access services and provisions in new fran- chises since 1986. When the survey is completed, a recommendation may be able to be made concerning the need for a non-profit organization (NPO) to operate and manage access in Iowa City. If TCI and Heritage are not offering access / SSD PAGE 4 services (and they are no longer required to do so), then a community run service (e.g. an NPO). may be needed to make certain that this access is avail- able in the future. It should be noted the access services and provisions discussed here do affect several local access channels, including Public Access Channel 26, Government Access Channel 29 and Library Channel 20. Please see Dec. 22, 1987 BTC minutes for a complete discussion of the NPO and access. A copy of these minutes can be obtained from the City Clerk's office. In the meantime, Community Programming has been successful in increasing its visibility and effectiveness in the Iowa City area. In January, 1988, the CPC director reported the number of access shows increased by over 300%--885 new minutes of programming in the third quarter of 1985 compared to 2,979 minutes in the fourth quarter of 1987. Access workshops continue to be conducted and plans are underway to provide specialized workshops for special populations. (Please see Exhibit A, for a summation of the total number of hours produced and spent by community producers on programming.) Heritage has added 7 new programming channels/services and dropped 2 since 1985. In January, 1988, it was reported that there are no longer any blank channels left on the Iowa City cable system. Black Entertainment Television will be running with American Movie Classics, while VHI, a contemporary music channel, will be replacing BET. Heritage has picked up the Discovery Channel part-time to ensure that there will always be programming on Channel 5. Heri- tage soon hopes to acquire KOCR, Cedar Rapids. This will air on Channel 11,. Iowa City. Channel 5 will be a flexible channel used for local interest pro- gramming which does not qualify for presentation on Channel 26. See Exhibit B for all programming changes from 1979-1988. The preceding has included a brief description and synopsis of programming provided to Iowa City's cable subscribers. /,25-0 A PAGE 5 FINANCIAL REPORT Recommendations: It is recommended that further efforts be made to obtain the 1986 information and the 1987 information on a current basis. It is recommended that the BTC formally notify Heritage/TCI of instances of non-compliance to protect its position in the event of consideration of non -renewal of the franchise in 1994 when the current franchise expires. Given the unaudited figures supplied by Heritage for the CPC for 1986 (see Exhibit C), showing operating expenses below $125,000. It is recommended that plans for creation of an NPO be finalized and management and operation of the CPC and Public Access Channel 26 be transferred to that entity as soon as reasonably possible. 1. Litigation arising out of the Transfer Agreement dated August 24, 1984 between City of Iowa City and Heritage Communication, Inc. (Cablevision Associates VII, L.P., franchisee) continues. Essentially, the agreement provided that in consideration for the City's approval of the transfer of the franchise [from Hawkeye Cablevision, Inc. under original franchise in 1979] to Heritage Cablevision, Inc., and the City's approval of a basic rate increase of E.32 to E.40 per month, Heritage agreed to increase the franchise fee paid to the City from three percent to five percent of its annual gross revenues. The case is currently pending in the Iowa District Court for Johnson County after remand from the U.S. District Court South- ern District of Iowa for failure to establish a substantial question of federal law warranting federal jurisdiction. Due to the pending nature of the case or negotiations, no specific comment will be made on the issue. In August of 1987, the Federal Communications Commission approved the sale of Heritage Communications, Inc. to Telecommunications, Inc. (TCI). TCI has experienced rapid growth in the past three years, with ownership of more than 200 cable companies, and supplying service to one in five cable subscribers (data from Oct. 26, 1987 Business Week). As part of the sale, Heritage signed a five year management contract with TCI for the period through 1991. Mr. Bill Blough of Heritage has indicated that to date, management of the Iowa City franchise has continued march as it was prior to the sale of TCI. The BTC has expressed some concern about the operation of the franchise after the management contract expires and efforts are being made to survey localities who have or are renegotiating franchises under TCI. The BTC will need to continue to monitor this information as well as news reports concerning TCI's management and intent. In December, 1986, the BTC requested financial statements for the Heri- tage/Iowa City Cable TV system for 1986 including: a Heritage/Iowa City cable TV income statement and budget for 1986, with inclusion of the detail of the budget for the Community Programming Center (CPC) (equip- ment, all facilities, salaries and operating expenses). Bill Blough of Heritage indicated a willingness to provide the requested information. In March, 1988 basic information was received by the BTS listing the 1986 CPC expenses of operation and Iowa City revenue figures. The figures were not in the form of a financial statement and are unaudited. (See Exhibit C.) Financial statements for Heritage have been supplied only in 1984 and 1985. No financial statements for Iowa City have ever been supplied. /aSa F , PAGE 6 It is disconcerting that only some of the information requested and re- quired by franchise was provided. The franchise requires the provision of annual reports as set forth on Exhibit 0 which shows those reports not provided as of the filing of this Review. Without provision of the data in a timely fashion as required, it is difficult for the BTC to verify the appropriate receipt of funds under the franchise agreement, and to analyze the actual feasibility of assuming operation of the CPC under a non-profit organizational structure as permitted under the Transfer Agreement of 1984. 4. Heritage/TCI provides for commercial advertising on Channel 5. Commercial rates are $100 per hour. 5. See the Services Report for a comparison of 1985 cost increases for cable TV in Iowa City. 6. Attached as Exhibit E is a copy of the Broadband Telecommunications Budget approved for FY89 Please note the budget includes salaries for 1.75 permanent full-time employees, 0 part-time, and 1/2 temporary. 7. Access continues to be an item of discussion for the Iowa City community. Since 1981, the Community Programming Center and Public Access Channel 26 have been operated by Hawkeye, then Heritage in space leased from and located within the Iowa City Public Library. Access was an item of nego- tiation in the original franchise agreement. Under the Transfer Agreement of 1984, Heritage is required, upon the City's request, to turn over the management and operation of Public Access Channel 26 and the Community Programming Center (CPC) to whatever entity the City designates. Heritage would be required to fund the entity at $125,000 per year plus an annual CPI escalator until expiration of the franchise in 1994. Under the 1984 Cable Act, cable companies do not have to provide for access services or access operational expenditures in renewals or new franchises. This means that Iowa City may need to provide an alternative if access is to con- tinue to be a part of cable TV in our community after 1994. One alternative is the formation of a non-profit organization (NPO). At present, the Iowa City Public Library appears to be the most likely to serve as the NPO, and they have expressed interest and willingness to do so, provided they are asked, and certain financial and legal issues are resolved. The Library has developed considerable audio-visual/video production facilities which are available to the general public, and has as well, experienced staff who have been involved in the production of programming for broadcast. The NPO is not entirely a financial issue, but options regarding financing must be addressed by the Library, the BTC and the City well in advance of the expi- ration of the franchise if access is to continue at its present level or in- crease. If no action is taken, and TCI declines to support access in 1994 as it may under the 1984 Cable Act, the Iowa City area will be suddenly left with a gap in funding and organizational structure. Upon the creation for an NPO, it might also be possible to seek out additional sources of funding for the CPC not currently available under the management of tovfW0rdpU-fCig96hty. The BTC must continue to push the entities involved /075-0 PAGE 7 SERVICE REPORT The service report covers these areas: Service; Consumer protection; Subscriber privacy; Complaints; Response to service requests; Billing information; and Subscriber information Recommendation: As a result of the public hearing held March 1, 1988, it is appropriate for the BTC to pursue the accurate listing of channels and programs. 1. The 1984 Cable Act de -regulated rates partially Jan 1985 and totally Jan., 1987. Consequently, challenges to rates and rate allowances are no longer an issue for the Commission. However, rate increase information may be valuable for other purposes. Rate changes since de -regulation are: Basic Rates % Changes From To Jan 85 $ 8.90 - 9.35 Jan 86 9.35 - 9.80 Over 50% increase from 1985-1988 for basic cable Jan 87 9.80 - 11.95 rates Jan 88 11.95 - 13.95 Pay channel rates Jan 87 HBO 10.95 - 9.95 Cinemax 10.45 - 9.95 2. There are currently no unwired areas that are practical to wire. Rohret Road is now in service; reasonable cost access to Block 81 is not avail- able. An amendment was passed to the cable ordinance on 12/20/83 regarding deposits to wire new additions; this has been used twice since its passage. [See city code Sec. 14-78, p. 977.] 3. Telephone recording machines are in use in the chief engineer's home and at the Heritage office. The engineer's home has a one -line machine. The Heritage office answers five lines. These are used to inform customers when there are extended outages during both business and non -business hours. l asv a PAGE 8 4. List of BTS Service Complaints 1979-82 1982-85 1985 1986 1987 1985-87 Program 14 46 10 39 15 31 Technical 2 93 4 15 9 15 Service 9 92 12 48 27 161 Financial 5 30 2 8 1 17 Misc 1 54 2 4 1 18 251 255 114 To place service call records in proper perspective, two additional facts are important -- the number of subscribers and the number of service calls not answered within 24 hours. There has been an increase from 9,528 sub- scribers in May 1985 to 13,863 subscribers in Jan 1987. A review of the "back log" of service calls (not accomplished in 24 hours) shows an average of -0- per week. [See Exhibit F for example of work order.] The back log report is the best measure of the company's performance. Heritage Service Call Tallies 1981 4,191 1984 4,969 1985 3,788 1986 4,944 1987 3,389 Areas of concern were: '85 '86 '87 Customer Equipment 976 1,210 886 (Heritage cannot repair, by franchise agreement) Drop Repairs 2,105 2,862 1,955 (Line to set) System Outage 707 872 548 (These numbers represent service calls, not outages) 3759' TIN 4 Totals , PLEASE NOTE YEAR END SUBSCRIBER TOTALS FOR THE FOLLOWING YEARS WHEN 1984 , (basic subscribers) 1985-11,924 1986-12,792 1987-13,137 .. PAGE 9 Additional information regarding subscribers is: May 1985 Jan 1988 Subscribers Iowa City 20,948 homes passed; 21,834 homes passed; 63.5% penetration 57.5% penetration Basic 9,528 Basic 13,863 HBO 5,466 HBO 4,656) ) VCR Cinemax 4,006 Cinemax 3,822) Disney 718 Disney 610 ) Erosion Remote 457 Remote control 1,784 E/O converter 2,240 E/0 converter 1,860 Cableready erosion E/O 2,618 E/O 3,108 5. There are no service requests pending of more than six months. [See City Code Sec. 14-78, p. 975.] 6. Courtesy calls are made prior to service calls when the customer requests. 7. Obscenity protection is available in the form of lock boxes. HBO and Cinemax lock boxes have been available for some time. Bravo lock box had to be ordered and is now available to the customer on request. 8. Heritage is regulated by the Federal Government relative to Equal Opportu- nity Employment (Heritage has filed Form 325 with the Federal Government). The company has yet to have a complaint. 9. The BTC has the opportunity to use the billing statements to communicate with the consumer. It is the responsibility of BTC to initiate the process and there is a three month lead time. BTC has used this service an average of two occasions per year, for a total of six times for an NFLCP confer- ence, local cable TV access channels, library messages, and special BTC meetings. 10. Information on the source of charges is sent to the customer in November of each year. [See Exhibit G for an example of the last information card re rates for 1988. Also, see Exhibit H for sample of letter to all customers informing them of service and rates.] 11. Heritage has one channel (5) which is devoted to leasing. The rate is $100/hour for one hour. As program time increases, the rate may be negoti- ated to a minimum of $65/hour. 12. This service aspect also deals with the equipment in use for the access channels and at the CPC. Currently all equipment has suitable back-up equipment. Equipment does fail on occasion, but is repaired in a timely manner. The issue of 1/2 -inch video equipment is on hold by Heritage. There is currently discussion relative to the access channels bean o er- ated by an NPO rather than Heritage. The capital investment for 192 �nch PAGE 10 equipment is approximately $30,000 to $50,000 and is in an area of rapidly changing technology. Heritage is reluctant to make this investment until the future management of the access channels is resolved. 13. Since the last review, Heritage has extended its office hours for customer convenience. They are now open from 8 A a.m. until 5:30 p.m. Monday -Fri- day, and are open 9 a.m. to 1 p.m. Saturday. Installations are also now done on Saturdays. "AGE 11 TECHNICAL REPORT RECOMMENDATION It is the Technical Committee's recommendation to the Commission that an "audit" of these reports noted below and/or the cable system be performed to determine compliance. The cable company is to supply reports to the City according to the Iowa City cable ordinance. Some of these reports have not come to the City in a timely manner (see Exhibit D for which reports have not been filed). This has caused the files to be incomplete. Some attention should be paid to the time line for these reports which in some cases deal in the technical arena. The Technical Committee has also been made aware of the reporting system for complaints received by theCompany, including the monitoring of those complaints and the response handling by the company. The "Service" Committee has information regarding the methods used to monitor these and the follow-up by the company and/or City if necessary. Results of the computerized service/complaint log reports should be made available to all Commissioners and a summary included in the annual review file with the City. SIGNAL LEAKAGE REPORT Under the Cable Act of 1984 with regard to the "technical" reports to be furnished, the report on "sional leakage" is the only specific technical report that is still required under the Cable Act of 1984. PROOF OF PERFORMANCE REPORT A proofof performance test is done annually as required by the FCC. A copy of this report is available in the public file at Heritage offices in Iowa City. This report is also a requirement that Heritage makes of its various offices. The concern of the Committee is the "reading" of these reports may not reveal to the average individual whether the company is or is not complying with the requirements. LOOKING AHEAD... TECHNICAL What does the future hold for advancement of the systeml Should it and does it include additional features like home security, two-way communica- tions, link up to other systems, or any further "state-of-the-art" advancements in the industry, including universal service. fa SO PAGE 12 BROADBAND TELECOWUNICATIONS SPECIALIST (BTS) REPORT Since 1985, Heritage/TCI (Telecommunications Inc.) has continued to experience subscriber growth and increased revenues. In terms of service, the number of BTS complaints has dropped considerably and the computeriza- tion of Heritage/TCI's offices has helped their office run smoother and the BTC more easily evaluate the company's performance. Overall, local office coordination within Heritage/TCI has also improved. Technically, the cable system still operates well, although I would recommend an outside consultant to do random checks for signal radiation leakage levels sometime in the next three years. There have been complaints relating to signal radiation and because this is one of the few regulatory standards still in effect regarding technical performance of a cable operator, such an evaluation seems appropriate. The programming line-up in Iowa City is the best in Iowa for the price. Iowa City has more access channels, more access facilities and more citizen involvement in access than any other community in Iowa (the average appears to be several thousands of hours of Iowa City residents' time expended in access -related productions per year). There is every indication that if more facilities existed, more citizen time would be put towards access. However, there are some problems worth noting. The cable company has largely taken the position that they are an unregulated industry and they fail to submit many annual reports as required by the Iowa City cable ordinance. The future of access in Iowa City is tenuous at best. Heritage/TCI does not respond to questions pertaining to their future plans regarding access. Because cities can no longer require access services and provisions, it is quite possible that access for the govern- ment, library, educational and public will suffer (or be lost in the case of public access) at the end of this franchise (1994). It is now up to the Broadband Telecommunications Commission (BTC) and City Council to determine whether to act and protect access. The Non -Profit Organization (NPO) is one alternative provided for in the 1984 Transfer Agreement contract between the City and Heritage which could potentially provide and sustain access into the future. The access services, facilities, users and productiveness have grown since 1985, but perhaps not as fast as each would have grown if the NPO question had been decided earlier. The public access channel is in desperate need of an automatic playback machine, such as the government channel's director machine, so that programming can be played back up to 20 hours per day. The need to assist community groups in production is now apparent, as is the need for more one-half inch video production and editing equipment. These are only a few of the needs I, and others complaining to me as the BTS, perceive. While Iowa City cable and access has been in the forefront in the United States in previous years, that status is now very questionable. There has been a lack of funds to designate towards access as well as more progressive and "state of the art" endeavors. Among these I would include: interactive uses of cable for educational, informational, and commercial purposes; use of cable by Iowa City institutions via Institutional Networks (INETS); use of cable for fire, medical and police alarm applications; and the formation of goals and plans for each of the above (drawing upon knowledgeable resources) as well as for access. /a5a PAGE 13 There is no doubt the Iowa City system has achieved a measure of success in several ways, but is not accepting the challenge of the future to ensure cable TV is employed to its potential for the community and institutions in Iowa City. The 1984 Cable Act is now being reviewed by Chairperson Ed Markey's House Subcommittee on Telecommunications. I recommend the BTC and City Council write a letter to Representative Markey to indicate a need for changes in this law. Although only item A of these recommended changes will likely occur, I recommend the suggested changes include: A. That the burden of proof at franchise renewal time be shifted from the cities to cable companies (the burden of proof when deciding not to renew a franchise now falls upon the cities); B. That some standard form of rate regulation be given back to the cities, or C. That cable companies be given all current rights concerning cable TV hardware, but cannot be involved in owning or producing programming sources (to avoid horizontal and vertical monopolization of the industry); D. That cities be given the authority to require access services and provisions (such as salaries and operating expenses for the public access channel). Currently, cities can require only channel space and facilities. A PAGE 14 EXHIBIT A: Access Statistics 1985 1986 1987 Locally 93 hrs. 7 mins. 123 hrs. 5 mins. 203 hrs. 22 mins. Produced Shows No. of 322 335 328 People in Workshops In addition: Letters to orgs PSAs for Com. Prog. Special workshops (110); P.C. story; and ICPL; brochure Speaking engage - mailing to promote for Com. Prog. ments; Radio PSAs shows; 8 ads for for grants; Speakers corner and Volunteer ad; other access Access newsletter; programming Additions to access equip. *Programs range from 1 minute to 2 hours. (Average about 30 mins.) 1985-1988 TOTALS (All Figures Approximate) 419 hours of locally produced shows 10,475 hours of work represented by Iowa City citizens 985 Iowa Citians were trained in workshops /aSD 1 EXHIBIT 8 PAGE 15 Prepared by BTS 6/2/88 CABLE TV PROGRAMMING FACT SHEET For your convenience, below are listed the original cable TV channel lineups as proposed by Hawkeye and ATC and a list of the channel make up as of 3/3/1982 and 2/1/1985. (1979) Channel u1 Channel Lineup (3/3/821 I Prage Taring Books I Program Gu de for the Blind (audio)*** 2 IMT, Cedar Rapids (CBS) 2 Same as proposed In 1979 3 University Origination 3 National and World News 4 WSNS, Chicago (Independent)•• 4 HBO 5 Local Origination/Madison Sp. 5 Local Origination 6 Automated Time and Weather/NDAA 6 Same as proposed in 1979 Forecast 7 KWWL, Cedar Rapids (NBC) 7 Same as proposed in 1979 8 Automated Sports 8 Stock and Financial News 9 KCRG, Cedar Rapids (ABC) 9 Same as proposed in 1979 10 WON, Chicago (Independent) 10 Same As proposed in 1979 11 Automated National News 11 BLANK 12 KIIN,.Iuwa City (PBS) 12 Same as proposed in 1979 13 Home Box Office 13 Cinemax* 14 Community Bulletin Board/Consumer 14 WHBF (CBS) Price Shopping Guide•• 15 WOC, Davenport (NBC) 15 STATE NEWS 16 Public Access/Community 16 WOC (NBC) Bulletin Board*' (CBS ONLY) 17 WHBF, Rock Island (CBS) 17 WTBS (Atlanta, formerly WTCG) 18 Government Access/Municipal 18 BLANK Automated 19.Christian Broadcasting Network 19 WQAD (ABC) 20 Library Access 20 Same as proposed in 1979 21 Network Composite: KCCI, Des 21 Christian Broadcasting Moines (CBS)•- WHO, Des Moines Network (NBC)--. WQAD Moline (ABC) _ 22 Slo-Scan News 22 Sports News 23 Automated Financial News 23 USA Network, including BET, the English Channel, Calliope* 24 Color Weather Radarscope 24 Satellite Programming Networks/ WQAD/Appalachian Community Service Network (ACSN)* 25 Reserved - Foreign Language** 25 Weather Radar 26 State Newswire 26 Public Access or Community Programming 27 Educational Access/Educational 27 Sue as proposed in 1979 Automated 28 Leased Access 28 University Channel 29 Reserved for future applications 29 Government Access Channel 30 Reserved for future applications 30 Slo-Scan News 31 Medical Channels* 31 BLANK 32 Reserved - Private Lease and 32 Entertainment and Sports Future Applications Programming Network (ESPN)* 33 Reserved as above 33 BLANK 34 Reserved as above 34 Nickelodian* 35 Reserved as above 35 Color Bars Add one to each channel number for cable -ready television sets. *Denotes a new service added. **Oenotes this service has been dropped. ***Denotes this service Is not available. BLANK mans this channel Is not now in use. NOTE - Channel 11, because of technical quality, may not be available for usage, leaving blank channels on the Current 35 channel system. 1aso 9 Lsw lnlr a PAGE 16 Prepared by BTS 5/2/B8 CABLE TV PROGRAMMING FACT SHEET For your convenience, below are listed the original cable TV channel lineups as proposed by Hawkeye and ATC and a list of the channel make up as of 3/3/1982 and 2/1/1985. Channel Llneu 2 1 85 Channel Lineup (1988) 1 MTV Music Te -vis an)• 1 MTV 2 KLAN (CBS) 2 KGAN (CBS) 3 Headline News* 3 Headline News 4 HBO (Home Box Office) 4 Home Box Office - 5 Cablevision 5 5 Discovery Channel/Cablevision 5- 6 Weather Channel* 6 The Weather Channel 7 KWL (NBC) 7 KWL (NBC) - 8 Financial News Network/Sportstime• 8 Financial News Network/Sports- KCOE vision 9 KCBG (ABC) 9 KCRG (ABC) 10 WGN (Chicago) 10 WON 11 BLANK Augustan& College 12 IPBN (DBS) 12 IPT (Public Television) 13 Cinemax 13 Cinemax- -14 WBF (CBS) 14 WBF (CBS) 15 WEBS (Atlanta) 15 WTBS 16 WOC (NBC) 16 KWOC (NBC) - 17 Spanish International Network 17 Univision (Spanish International (SIN)* Network) 18 BLANK IB Cable Value Network• 19 CNN (Cable News Network)* 19 CNN 20 Iowa City Public Library 20 Iowa City Public Library 21 CBN (Christian Broadcasting 21 CBN Network) Music Television 22 C -Span 22 C -Span 23 USA Network 23 USA Network 24 The Disney Channel 24 The Disney Channel - 25 Nashville Networks 25 Nashville Network - 26 Conseinity Programming 26 Community Programming 27 Educational Programming 27 KTS (Kirkwood College) 28 University of Iowa 28 University of Iowa 29 Government Programming Municipal 29 Iowa City Municipal Goverment Automated 30 Lifetime 30 Lifetime 31 BLANK 31 VH1/American Movie Classics* 32 ESPN (Total Sports) 32 ESPN 33 BLANK 33 Black Entertainment Network/ Bravo* 34 Niakeladlan/Arts 34 Nickelcdian 35 The Learning Channel 35 Arts A Entertainment Add one to each channel number for cable -ready television sets. -Donates a new service added. --Denotes this service has been dropped. •••Denotes this service Is not available. -Premium service BLANK means this channel Is not now in use. -Many programs in stareo NOTE - Channel ll, because of technical quality, may not be available for usage, leaving blank channels on the current 35 channel system. FM SERVICE KCCK Cedar Rapids 88.5 KRUI University of Iowa 97.1 WDLM East Moline 89.3 KHAK Cedar Rapids 96.3 KUNI Cedar Falls 89.7 WBF Rack Island 99,1 KCOE Coe College 90.5 KFMI Muscatine 99.9 KUIK Augustan& College 91.3 KKAQ Iowa City 100,9 KSUI Iowa City 91.9 KQCR Cedar Rapids 103,1 KANA Iowa City 93.0 KIIK Davenport 103,9 KCCI Washington 95.1 KTOF Cedar Rapids 104.7 MTV Music Television 95.5 KILJ Mt, Pleasant 105.9 NMT Cedar Rapids 96.7 KRVR Daveport 106.7 9 PAGE 17 i Hcritagc Cablevision 9 1986 CPC EXPENSE OF OPERATIONS Amount Expense Cateqory Jan - Dec 1986 Salaries and Wages $55,200 Salaries and Wages (overtime) 520 Employee Benefits 6,44 (N.F,,Lni %•.Pre"" ''^ F^ ,' uic:a%••� Payroll Taxes 3,900 Property Insurance (estimate) 750 Training and Education 455 Contract Labor 589 Technical and Creative Services 1,150 Maintenance and Repairs 6,600 Janitorial 1,344 Equipment Rental 258 Light, Heat, Power 4,770 j Vehicle Maintenance 442 Vehicle Gas and Oil 3:3 Tape and Film(Ntt cow) 4,357 Studio Set and Props 717 Program Materials and Supplies 1,679 Stationery and Supplies 745 Sales and Promotions 1,423 Postage 852 " Telephone 1,471 Rent (estimate) interest on escrow 380 Company Meetings 240 Total $95,034 Less Percentage Allocation LO 15% -14.255'* CPC Expense Allocation 85% $80,779 Assumption ; For the purposes of this report, it should be noted that these numbers are unaudited, and in no way, represent verified/ certified accounting data for the CPC year ended 12/31/86. '86 Revenues(Iowa City Only) ..Basic - $1.493,8231; Ad Revenue( includes last 5 months 185) - $84,567 9 PAGE 1 8 EXHIBIT D ANNUAL REQUIRED REPORTS CHECK LIST 1. Annual Financial Reports a. Report to stockholders b. Income statement c. Listing of properties/itemization of investments balance sheet 2. Annual Facilities Report 3. Annual Service Record Report 4: Annual Measurement Report (2 copies) S. Annual Operation Reports a. List of current shareholders/bondholders b. List of Grantees officers c. Copies of agreements/contracts d Broadband Telecommunications manager/engineer e. Two copies of all types subscriber agreements f. Copies of rules and regulations g. Copy of annual report(s) of parent firm(s) 6. Application for Certificate of Compliance 7. Public Availability of Records 8. Correspondence from Federal, State, Regulatory Commissions 9. City's Access to Records a. Access availability to reviewing records pertaining to franchise during normal business hours b. Subscriber lists and subscriber statistical data only if judged material to City's regulatory program 10. Copy of information sent to subscribers to inform them of rates they are paying for cable TV related services. 11. Leased access channel information. 0 X X F X X NA x x NOTE: Items marked "X" have been filed by Heritage. Items marked 110" have not been filed for 1986 and 1987 by Heritage/TCI. NA refers to not applicable at this time. PAGE 19 EXHIBIT D FRANCHISES 114.77 alone of the franchise shall continue to apply to operations during an extension period. The city shall serve written no- tice at the grantee's business office of intent to extend under this section at least thirty (30) days prior to 'expiration of the original franchise or any extensions thereof. (Ord. No. 78-2917, 12, 8.22-78) (a) Annual financial reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it ac- cepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of. (1) The report to its stockholders; (2) An income statement identifying revenues, expenses and Income applicable to its operations under said franchise during the fiscal year or fraction thereof and; (3) A listing of its properties devoted to network opera- tions together with an itemization of its Investment in each of such properties on the basis of original cost, less depreciation. These reports shall include a balance sheet, listing of substantial liabilities and financing arrangements and such other reasonable information as the city may request, and shall be certified by a certified public accountant. (b) Annual facilities report required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it ac- cepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of a total facili• ties report setting forth the total physical miles of plant installed or in operation during the fiscal year and a map showing the location of same. (c) Annual seruice record report required: The grantee shall, if requested by the city, file annually with the city clerk Sapp. Na la 959 )a576 I PAGE 20 EXHIBIT D { 14.79 IOWA CITY CODE FRANCHISES 1 14.72 )t later than three (8) months after the end of its fiscal ear during which it accepted a franchise hereunder and ilhin four (4) months after the end of each subsequent fiscal ear, two(2)copies of a list of all trouble complaints and network lowntime" received or experienced during the fiscal year. All 1ch submitted data shall also include complaint disposition and @sponse time. For the purposes of this provision, certified copies .s "complaint" logbook reflecting all such incident@ will suffice. Iso, if requested by the city, uncertified additions to the annual impleint log shall be supplied in two (2) copies to the city at itervals of not more than ninety (90) days following the filing of ee annual report. (d) Annual measurements report required The grantee shell Is annually with the city clerk not later than three (3) months fter the end of its fiscal year during which it accepted a Fran- 7ise hereunder and within four (4) months after the end of each ubsequent fiscal year two (2) copies of o report on the network's ethnical measurements, an set forth herein. (e) Annual operations reports required, The grantee shall rile nnually with the city clerk not later than three (3) months after ie end of its fiscal year during which it accepted a franchise ereunder and within four (4) months after the end of each sub- :quent fiscal year two (2) copies of the following supplemental dormation: (1) It a nonpublic corporation, a lint of all current share. holders and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who Individually or an a concerted group hold three (8) per cent or more of the voting stock of the corpora- tion. (2) A current list of all grantee's officers and directors including addresses and telephone numbers. (3) Copies of all pertinent agreements or contracts, Includ- ing pole use agreements, entered into by the grantee during the fiscal year in the conduct of Its business under a franchise granted hereunder. upp. No. 19 960 (4) The names and both business and residential addresses and phone numbers of the broadband telecommunica- tions network resident manager and engineer. (6) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not! to be filed with the city. (6) Copies of all rules and regulations promulgated by the grantee during the fiscal year In the conduct of Ital business In accordance with the provisions of section) 14-67 hereunder. (7) A copy of the annual report(s) of the parent firm(@) which own an interest of more than three (8) per cent or more of the voting stock of the grantee; and such other annual report(a) of subsidiaries or divisions otj the parent firm(s) as the city deems necessary. (f) Application for certificate of compliance: The grantee shall give formal notice to the city that it Is seeking a certifl= cate of compliance from the Federal Communications Com- mission. Within five (8) calendar days upon tiling such a w quest with the Federal Communications Commission, the grantee shall file two (2) copies of its application for certifi- cation with the city clerk. (g) Public availability of reports: Such documents and, reports as required under this article must be avaWble to the public In the office of the city clerk, during normal businesi hours. Subscribers shall be notified of the availability of such reports in ways approved by the broadband telecommunlca tions commission. (h) Correspondence: The grantee shall simultaneously file with the city clerk a copy of each petition, application and communications transmitted by the grantee to, or received by the grantee from, any federal, state or other regulatory commissions or agencies having competent jurisdiction to regulate and pertaining to the operations of any broadband telecommunications network authorized hereunder. Supp. No. le 961 PAGE 21 EXHIBIT D i I 1 14.72 IOWA CITY CODE (i) City's access to records: (1) The city reserves the right during the life of any franchise granted hereunder to have access at all nor- mal business hours and, upon the giving of reasonable notice, to the grantee's contracts, engineering plane accounting, financial data and service records relating to the property and the operations of the grantee and to all other records required to be kept hereunder. Nothing contained herein shall prevent the grantee from enjoining the city from reviewing documents re- lating to proprietary Interests not related to its oper- ation under this article in the city's regulatory pro- gram. (2) Records of subscriber lists and Identifiable subscriber statistical data not otherwise required by this article shall be made available only upon a ruling by a judge of competent jurisdiction that such records are material to the city's regulatory program. (j) Subscriber agreement: The form of the grantee's agree- ments with its subscribers shall be subject to the approval of the city council and two (2) copies of all types of agree- ments used by the grantee shall be filed and maintained with the city clerk. (Ord. No. 78.2917, 0 2, 8.22.78; Ord. No. 83.3183,1 2(2).12-20-83) See. 14.7. Franchisk payment. (a) Filing fee: Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the city of one thousand dollars ($1,000.00) which sum shall be due and payable at the time with the submission of the application. (b) Franchising compensation: Grantees of a franchise hereunder shall provide an Initial payment to the city In an amount equal to the direct costa of granting the franchise Including but not limited to consultants fees, which sum shall be due and payable concurrently with the grantee's acceptance of the franchise, to offset the city's costa in the franchise awarding process. Supp. Na Is 962 PAGE 2 2 EXHIBIT E CITY OF IOWA CITY BROADBAND TELECOMMUNICATIONS SPECIALIST BUDGET FY86-FY89 Income FY86 FY87 FY88 FY89 Actual Actual Proposed Proposed Franchise $ 76,368 S 85,167 $96,298 $109,640 Other 118 77 100 0 TOTAL $ 74,486 $ 85,244 $96,398 $109,640 Expenses 6000 Full-time salaries $ 28,536 $ 24,477 $25,745 $34,274 Part-time salaries 13,759 16,923 16,131 16,073 Other Personnel Exp. 7,247 9,721 8,207 8.886 (including FICA, Ins. Pension) 6000 PERSONNEL TOTALS $ 49,542 $ 51,121 $50,083 $ 59,233 8000 Supplies TOTAL $ 1,592 $ 1,744 $ 2,321 $ 2,734 8000 Telephone 1,101 1,188 1,298 1,030 Travel 1,732 1,835 1,760 200 Court Costs 6,000 7,500 Other 8,904 19.152 10,882 9.342 8000 TOTAL $ 11,737 $ 22,173 $18,940 $ 18,072 9000 Capital Projects $ 16,500 $ 7,500 $ 3,540 $ 3,540 Misc. Transfers 18,018 18,914 13,936 22,050 Other 14,185 0 0 9000 TOTAL $ 49,909 _ $ 26,414 _0 $17,476 _ $ 25,940 TOTAL $112,780 $101,452 $88,820 $105,979 9 PRINTED 7 -JAN -88 PAGE 23 EXHIBIT ECtly F IOWA Y FY87- 91FINANCIAL PLAN FXPE.NDIIVRF.S BY LINE.-IIEM ACCOUNT FY83 VY06 FY07 FYOS DEPT FV89CMOR'S FY90 FY91 NUMBERS DESCRIPTION ACIUAL ACTUAL ACTUAL BUDGET PROPOSAL PROPOSAL PROJECTED PROJECTED ACTIVITY 9 11230 BROADBANDTELECOMMUNICATIONS '-------------------- II830 6110 PERMANENT FULI TIME. 26.997 2R,036 24.477 27.745 34.274 34.274 37.647 37.071 % INC/DEC 3.71 -14.22 5.18 33.13 33.13 4.00 4.00 11230 6120 PERMANENT PMT TIME 8,807 13,759 16.923 16.131 16.073 16.073 16.716 17.387 % INC/DEC 37 3023 00 -4.68 -.36 -.36 4.00 4.00 11200 6130 TEMPORARY EMPLOYEES 974 427 603 430 400 470 468 487 X. INC/PEC -23 29 41.68 -27.37 .00 .00 4.00 4.06 1120 6211 OVERTIME O 0 74 0 0 O 0 0 % INC/OEC 00.00 -100.00 .00 .00 .00 .00 112" 6820 TERMINATION NAPES 0 O 1,730 0 0 0 0 0 % INC/DEC .00 .00 -100.00 .00 .00 .00 .00 - 1/23D 6230 LONGEVITY 200 200 674 200 200 200 209 216 % INC/DEC 00 237 00 -70.33 .00 .00 4.00 3.80 11830 6310 FICA 2.972 3.037 3. 171 3.742 3.817 7.817 3.968 4,127 2 INC/DEO 18.00 4.41 11.70 7.71 7.71 4.01 4.01 11220 432U IPERS 1.769 2.031 1.990 2.279 2.434 2.434 2.731 2.632 % INC/UEC 14.81 -2.02 14.72 6.80 6.80 3.99 3.99 11230 6410 HEALTH INSURANCE 772 1,307 1.437 1,426 1.697 11657 1.790 1,969 INC/DEC 73.74 11.63 -2.13 16.20 16.20 8.03 10.00 11230 6420 LIFE INSl1RANCE 6 SUPPLEMENTAL 63 103 93 127 130 130 133 143 Y. INC/DEC 61.34 -11.43 34.41 4.00 4.00 3.80 3.93 IIR70 6430 DISABILITY INSURANCE 131 144 129 I83 200 200 208 220 % INC/OEC 9.92 -10.42 43.41 8.11 9. 11 4.00 3.77 1 46000 TOTAL 41.993 49.342 31.121 30,083 39.233 $9.233 61.669 64,230 18.300 3.200 -2.000 18.300 18.300 4.100 4.200 I 11230 7110 OFFICE SUPPLIES 137 210 230 223 230 230 237 246 '/. INCIOEC 73 28 11 90 -7. 11 3. 14 3. 14 3.04 3.00 I PRINTED 7 -JAN -88 CITY OF IOWA CITY FY09 - 91 FINANCIAL PLAN EXPENDITURES BY LINE -ITEM 1 ACCOUNT 66 ------ FY09 ------ DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROPOSAL PROPOSAL PRPOJECTED PROJECTED 11800 7120 BOORS, MAGAIINES, NEWSPAPERS 233 33 119 300 308 308 317 330 % INC/DEC -83. E14 260. 61 158,92 .00 .00 2.92 4.10 .'II 30 7130 PRINT N GRAPHIC SUP p , % INC/DEC .00 .00 000 . 00 .000 .00 .00 1120 7140 MINOR OFFICE EQUIPMENT 39 60 160 130 300 300 309 321 _ % INC/DEC 33. 03 166. 67 -6.23 100.00 100.00 3.00 3.08 •'IMP 7130 MICRO-COMPUTEP SIPPLIES 0 ^0 27 140 150 150 155 161 I PRINTED 7 -JAN -88 CITY OF IOWA CITY PAGE 24 EXHIBIT E FYB9 - 91 PINANG IAL PLAN EXPENDITURES BY LINE -ITEM .. I ------ FY09 ------ ACCOUNT FY05 FY86 FY87 FY89 DEPT C MOR -8 FY9O FY91 NUMBERS DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROPOSAL PROPOSAL PROJECTED PROJECTED 1 N I• IID30 7120 BOOMS. MAGAZINES. NEWSPAPERS I• 233 33 . 1 302 300 308 317 330 % INC/DEC -95.64 260. 61 ISD. 62 .00 .00 2.92 4.10 1103D 7130 PRINT. 6 GRAPHIC SUP O •0 0 0 O 0 0 0 % INC/DEC .00 .DO .00 .00 .00 .00 .00 1123D 7140 MINOR OFFICE EOUIPMENT 39 60 160 170 300 300 309 321 i % INC/DEC 73.87 166.67 -6.25 100.00 100.00 3.00 3.09 11030 7190 MICRO -COMMUTER SUPPLIES O 0 27 140 IS0 170 175 161 % INC/DEC .00 .00 418.72 7. 14 7.14 3.33 3.87 /1230 7220 CHEMICAL 6 LAB SUPPLIES 1.063 1.202 1.095 1.200 1.236 11236 1.273 1.324 _ % INC/DEC 13.08 -8.90 9.59 3.00 3.00 2.99 4.01 - 11030 7270 LIBRARY MATERIALS PROCESSING 0 ' 10 0 0 0 0 0 0 % INC/OEC .00 -t00. 00 .00 .00 .00 .00 .00 I 111230 7280 MISC COMMODITIES 209 77 MOB 300 310 710 525 546 % INC/OEC -63.16 40. 26 177.70 70.00 70.00 2.94 4.00 11830 7310 CONSTRUCTION SUPPLIES 104 0 0 O 0 0 0 0 (1I % INC/DEC -100.00 .00 .00 .00 .00 .00 .00 jI •700) TOTAL 1.785 1.792 1.744 2.321 2,734 2.734 2.816 2,920 -10.800 9.700 33.100 17.800 17.900 3.000 4.000 I I II230 0I20 COI16T C08T9 6 SER 3.520 0 11.307 6,000 0 7,500 O O Y. INC/OEC -100.00 .00 -16.94 -100.00 25.00 -100.00 .00 f •-11130 5160 PROFESSIONAL SERVICES B.OP7 4.891 3.933 4,291 4,361 3.497 3.761 3.703 % INC/DEC 134.36 -19.19 8.55 -4.82 -19.44 3.01 3.99 11230 6210 TELEPHONE COMMUNICATIONS 1.564 1.101 1,188 1.295 1.030 1.030 1.002 1,147 7. INC/DEC -29.60 7.90 9.26 .00 -20.65 5.05 6,01 -11000 9220 POSTAL COMMUNICATION 36 0 0 98 100 100 103 107 % INC/DEC -100.00 .00 .00 2.04 2.04 3.00 3,86 11230 5230 PUBLICATIONS 170 93 41 t00 300 300 309 321 % INC/OEC -36.67 -36.84 X43. 90 200,00 200.00 3.00 3.98 f i i i PRINTED 7 -JAN -80 PAGE 25 EXHIBIT E CITY OF IOWA CITY FY09 - 91 FINANCIAL PLAN �I EXPENDITURES BY LINE -ITEM ACCOUNT FYn3 FY86 --_... MU90ERO DESCRIPTION AC DIAL ACTUAL i 119M 8310 TRAVEL TO CONFERENCES 1.240 1,737 ' X INC/OEC 39.68 .i IIO'30 8330 TRAVEL TO TpAI NINA SF:M fNAR S 0 0 >. INC/DEC .00 i.. 11220 86.70 EQUIPMENT REPAIR b MINT 1.434 1,217 X INC/OEC -13. 13 11230 1740 PRINTING SERVICES 212 467 % INC/OEC 120.28 91230 8730 WORK STUDY WOES 0 170 X INC/DEC .00 t 11200 9770 WORD PROCESSING 0 1.871 X INC/OEC .00 11230 8930 DUES 6 MEMBERSHIPS 160 200 „i Nr % INC/DEC 2*. 00 „I-:11230 6940 RENTALS 44 13 '- % INC/OEC -70.43 -I �I 11730 8980 MISCELLANEOUS SERVICES 6 CROS 13 0 % INC/OEC -100.00 !, 08000 TOTAL 10.460 11.737 12.200 FY89 FYB7 FYSB DEPT C MOR'8 FY90 FY91 ACTUAL BUDGET PROPOSAL PROPOSAL PROJECTED PROJECTED 1.839 1.760 2.600 200 1,400 200 9.99 -4.09 47.73 -88.64 600.00 -89.71 00 .000 00 . 00 .000 .00 . 00 1.723 1.600 1.690 1.670 1,700 1. 768 41.78 -7.14 3. 13 3. 13 3.03 4.00 392 903 435 43B 471 469 -16.06 28.83 30.69 -13.27 2.97 3.99 270 1.080 1.112 1.112 11145 11191 66.67 332.00 2.96 2.96 2.97 4.02 1.237 1.908 1.967 11969 2,024 2.107 -33.99 34.49 2.99 2.99 3.00 4.00 200 270 270 270 270 289 .00 23.00 8.00 8.00 2.96 3.96 49 70 30 70 73 37 276.92 2.04 .00 .00 6.00 7.33 .00 .00 .00 .00 .00 .00 22.173 10.940 13.876 10,072 12.106 111377 B8.900 -14.600 -26.700 -4.600 -33.000 -6.200 glr 9u10 OPERATING EQUIPMENT 200 O 0 0 0 O O 0 X INC/OEC -100.00 .00 . 00 .00 .00 .00 .00 vl 1123D 9330 FURNITURE 6 OFFICE EQUIP 0 1,206 0 0 0 0 0 O I. .I % INC/DEC .00 -100.00 .00 .00 .00 .00 .00 of 11230 9330 SOFTWARE ACQUISITION 0 O 0 0 370 370 361 377 % tNC/OEC .00 .00 .00 .00 .00 3. 14 3.88 i 11230 9700 TRANSFERS 0 0 0 0 0 O O O ' X INC/DEC .00 .00 .00 .00 .00 .00 .00 CITY OF IOWA CITY PRINTED 7-JAN-80 PAGE 26 EXHIBIT E FY139 - UR FINANCIAL PLAN E%PENOITVRES BY LINE-ITEM - FVE9 -- ACCOIINT FYe3ACTUAL ACTUAL' ACTUAL FVBB OEPT C PROPOSAL PROJECTED PROJECTED NIR0FR0 DESCRIPTION AC 1'VAL ACTUAL' ACTUAL EVOOET PROPOSAL PflOPOBAL PROJECTED PflOJECTED 11770 9540 CAPTIAL PROJECTS 0 16,500 7.300 3.340 81300 3.540 3.040 0 % INC/DEC .00 -34.33 -32.00 -100.00 .00 .00 -100.00 1123D 9360 ENTERPRISE OPER. SUBSIDIES 11291 O' O O 0 0 O 0 % INC/DEC -100.00 .00 .00 .00 .00 .00 .00 11270 9]90 MISCELLANEOUS TRANSFENS 13.176 10.010 10.914 13.936 22.000 22.030 22.693 23.362 % INC/DEC 10.73 4.97 -26.32 -100.00 $0.22 2.92 2.93 -II000 7710 PRIOR YEAR ENCUMBRANCES 0 14.1133 O 0 0 0 O 0 % INC/DEC .00 -100.00 .00 .00 .00 .00 .00 -9000 TOTAL 16.667 49.909 26.414 17.476 30.900 25.940 26.394 23.737 197.400 -47.100 -33.800 76,600 46.400 2.300 -10.700 11230 TOTAL 70.007 112.700 1011452 03.020 106.743 103.979 103.105 102,272 39.300 -10.000 -12.300 20.200 19.300 -2.600 900 I =10VISil 0 VVUHK UNDER '«,MmgaiA An. PAGE 27 IOWA city. Iowa DSI.DB 4 EXHIBIT F POINTS I PlR[D I OTHER INFORMATION - -- - - — - - (SET TOP "INSTALLED "CABLE RUDY RATE DESCRIPTION CHARGES 0MCKEDUP MDID NOT PICK UP CODE aTRANSFERREO ERE L]INSTALLED LI CABLE READY [I]PICKED UP O DID NOT PICK UP TRANSFEPRlD :SS REMOTE QINSTALLED CABLE READY OPICKED UP Q DID NOT RICK UP OTRANSFERAED - REMOTE 101INSTALtED QCABLE READY QPICKEDUP Q010 NOT RICK UP ,TTENTION; THE CHANNEL SELECTORS AND DECODERS ISSUED TO WORK COMPLETED CUSTOMER INFORMATION INSTALLER JOB ACCOUNTII WORK DATE I THE EVENT, ONE OR ALL ARE LOST, STOLEN OR NOT RETURNED, THE °POSIT SHALL BE USED AS PARTIAL PAYMENT FOR DAMAGES OR LOSS OF ADDRESS -LECTORS), THE DEPOSIT SMALL ALSO BE APPLIED TO ANY OUTSTANDING CITY APARTMENT ❑ PARTIAL ❑ NOT NOME (CORRECTION) 1 HOWEVER, THE SELECTORS) OR I NAME I(CORRECTION) ❑ TURNEDIN TIME ❑ ' HOME PHONE BUS. PHONE ICORRECTION) ICORRECTION) CAMPAIGN BILLING ADDRESS THE THE CS !NIHICHT EOWPMENT iAE PREMISES ORDER DATE OPR SLSM '«,MmgaiA An. PAGE 27 IOWA city. Iowa DSI.DB 4 EXHIBIT F POINTS I PlR[D I OTHER INFORMATION - -- - - — - - (SET TOP "INSTALLED "CABLE RUDY RATE DESCRIPTION CHARGES 0MCKEDUP MDID NOT PICK UP CODE aTRANSFERREO ERE L]INSTALLED LI CABLE READY [I]PICKED UP O DID NOT PICK UP TRANSFEPRlD :SS REMOTE QINSTALLED CABLE READY OPICKED UP Q DID NOT RICK UP OTRANSFERAED - REMOTE 101INSTALtED QCABLE READY QPICKEDUP Q010 NOT RICK UP ,TTENTION; THE CHANNEL SELECTORS AND DECODERS ISSUED TO WORK COMPLETED IIS ACCOUNT SHALL REMAIN THE PROPERTY OF HERITAGE CABLEVISION. I� COMPLETED ❑ CANCEL' INSTALLER I THE EVENT, ONE OR ALL ARE LOST, STOLEN OR NOT RETURNED, THE °POSIT SHALL BE USED AS PARTIAL PAYMENT FOR DAMAGES OR LOSS OF -LECTORS), THE DEPOSIT SMALL ALSO BE APPLIED TO ANY OUTSTANDING ! iApGES IN THE EVENT SERVICE IS DISCONNECTED FOR ANY REASON, 'CODERS 00 NOT REQUIRE A DEPOSIT, IF, ❑ PARTIAL ❑ NOT NOME HOWEVER, THE SELECTORS) OR COMPLETION' :CODER(S) ARE SCONNECLOST, AT TION OFSERVICE. STOLEN, N O HECUSTOMER SHALL BE CHARGEDt1S0 LOST, DAMAGED ❑ TURNEDIN TIME ❑ IITQ REMOTE HAND 41TISSECH,IRGEFONY THE COMPANYRESERVESTHERIGHT 7A IG TTO INSPECT REPAIR ORDER RESCHEDULE RESCHEDULE IP AND MAINTAIN S EQUIPMENT AND WIRING AS NEEDED UPON ADVANCE NOTIFICATION. ADVANCE THE THE CS !NIHICHT EOWPMENT iAE PREMISES 'COMMENTS THE OUTLETOMERIS ARE TO BE OCOMPANY 7 NE TED, THE CUSTOMER WARRANTS TO THE THAT HE HAS CONSENTOPREMISES TO THE CONNECTION AND MAINTENANCE CONTEMPLATMPANY TE ED D BY THE IREEMENT. RECEIVED INSTALLER CNECR CASH M.O. INITIALS JST. SIGNATURE IAVE READ THE ABOVE AGREEMENT AND AGREE TO THE TERMS ID CONDITIONS. IF APPLICABLE, I HAVE PAID AMOUNT SHOWN. ME ACCTA DRESS INST. JOB UNDERGROUND tt�K EXISTING NEEDS❑REPAIR OVERHEAD NEEDS❑BURIED NONEKOISITIND You must notify the business office within 00 days of connection to make corrections to your order, or Heritage Cablovislon Will consider this order to be co(rW. / aSO PAGE 28 EXHIBIT G 1985 TRIANNUAL REVIEW EXHIBIT 1985 COSTS FOR CABLE SERVICES IN IOWA CiTY 1985 COSTS 1988 COSTS FOR CABLE SERVICES IN IOWA CITY (MONTHLY RATES) Basic Service Hans Box Office I Cinemax The Disney Channel Basic, HBO, Cinemax (includes $1.90 discount) FM Service only M Outlet with Basic Service Additional Outlets j with channel selector without channel selector with cordless remote channel selector VTR outlet Antenna Switch Cordless Remote Selector Aerial Connection Underground Connection Additional Outlet VTR Connection (includes AB Switch) CH Outlet Remote Channel Selector Activate Existing Outlet Relocate Service Transfer Service Name Change Service Antenna Switch Add HBO/Cinemax/The Disney Channel S 9.35 .....................13.95 10.95 ..................... 9.95 10.45 .:................... 9.95 8.95 ..................... 8.95 28.85 .... Gold Star ......31.95 (Basic plus any 2 of HBO, Cinemax, Disney) 9.35 .....................13.95 2.00 ..................... 2.95 3.00 ..................... 3.95 2.00 .................... 2.95 6.50 .................... 3.95 3.00 ..................... 3.95 .75 .................... See below 3.50 .................... 3.95 15.00 .........•........... 30.00 with Basic; 20.00 with premium service 25.00 .................... 40.00 with Basic; 30.00 with premium service; 7.50 ..................... 2.95 ($20iOO'trip charge) 17.50 .....................20.00 7.50 .................... 2.95 ($20.00 trip charge) 7.50 .................... 3.95 ($20.00 trip charge) 3.00 ..................... 20.00 trip charge 7.50 ..................... 20.00 trip charge 7.50 ..................... 15.00 5.00 ..................... 5.00 7.50 ...................... 5.00 (15.00 service; free if self -installed) 15.00 ......................20.00ntrip charge Parental Viewing Control Keys available upon request - $25 B. $15 refundable deposit required on ail channel selectors and decoders. $250 charge will be levied on all unreturned items. Refunds are issued four to six weeks after disconnection. All rates subject to 42 Iowa Sales Tax. Parental Viewing Control Keys available on request at no charge.! I No deposit required on items'(6hannel selectors' or decoders) $250 charge levied on all unreturned Stems (additional $25. for hand-held remote Refunds are issued 6-8 weeks after disconnection. All rates subject of 4% Iowa Sales Tax PAGE 29 EXHIBIT H C•7 0000001a Jim Olson 630 West 10th North Logan, Ut 84321 Dear Jimr Ficrir,i,_'e (..tf-Ic P.O. Boz 4500 Iowa City, IA 52244 351-3984 Heritage Cablevision appreciates your business. And, because you are a valued customer, we would like to tall you in advance about some changes you'll one in 1988. First, your rate for 31 channels of Basic Cable service will be $13.95 per month, effective January 1, 1988. This adjust- ment will be reflected in the total monthly bill you receive for January. In addition, the monthly rate for extra outlets will be $3.95 with a channel selector and $2.95 without a channel selector. Hemote controls will remain at $3.95. You will be pleased to know the monthly rates for all Premium Services, like HBO will not change. And, if you would like to explore the extraordinary entertainment available on another Heritage Premium Channel, your cost to do so could be as little as $8.05 per month. It's our best entertainment value. Cable television is a growing and innovative entertainment industry. Each year more spectacular television viewing comes to cable -- exclusive, original program that entertain, inform and educate. Over 43 million households across the country take advantage of all that cable has to offer. In 1988, we'll bring you even more -- brand new programs to satisfy the interests of you and your family, plus the familiar programs you've made a regular part of your life. First and foremost, we will be expanding your viewing selection to 31 basic channels with the addition of Bravo, formerly a pay service, VH -1 and The Discovery Channel. Jazz up a night at home with BRAVO. Filled with music, dramas, theatre and award winning foreign films, Bravo is your escape to culture. Tune in for movies like "Menage" with French heartthrob Gerald Depardieu and Cannes Film lasw PAGE 31 EXHIBIT H Festival winners like "The Mystery of Picasso." Relax with VH -1's "Sunday Brunch," a mix of soft pop and jazz videos each Sunday at 8 a.m. CT. VH -1's regular fare will let you groove to the best soft rock, rhythm and blues and country music videos from today's biggest stare. THE DISCOVERY CHANNEL will expand your horizons with programs devoted to science, technology, nature and human adventure. The beauty and wonder of Australian wildlife unfolds "In the Wild With Harry Butler." "Missing in America" takes a look at an issue which affects our society: Vietnam vets who have not made it back into "mainstream" America. And, take a look at the top quality programming coming your way on our current channels. Pull up a chair and enjoy box office legends like Bogart and Bacall, Astaire and Rogers on AMERICAN MOVIE CLASSICS. It's the only movie service devoted exclusively to over 50 years of Hollywood's greatest . . . over 60 films each month with no commercials. Come see - there's something for everyone on ARTS b ENTERTAINMENT. If comedy is your thing, you won't want to miss "An Evening at the Improv." Learn about the past with the documentary, "The Twentieth Century." A a E presents true-to-life biographies of people such as Ernest Hemingway and John F. Kennedy plus vintage dramas from the "Golden Age of Television" repertory theater. The unequaled quality and variety of entertainment and information now available make Cable TV truly valuable to you and your family. Enjoy your cable service during 1988: Sincerely, William L. Blough President and General Manager Heritage Cablevision No t do not irdude to Infatmlion abyto to ehenp 202 moomm /�Sv City of Iowa City MEMORANDUM Date: August 5, 1988 To: City Council From: City Manager Re: Legislative Issues Attached is a brief summary of various legislative matters that are currently being considered by the League of Municipalities. This list represents many of the issues developed by the large cities component of the League of Municipalities. In that some of you have expressed interest in attending the August 11 League meeting in Cedar Falls, hopefully these legislative issues will be of assistance. bj/pc2 I LEGISLATIVE ISSUES I. State Legislators from northwest Iowa introduced a bill in the State Legislature this past session to require a larger percentage figure of voters to call a special municipal election. The current two percent requirement is too low and forces special election costs by only a small percentage of residents. A much larger percentage should be required. 2. Efforts should be made to pursue additional funding for local low/moderate income housing concerns through State Legislation and the Iowa Finance Authority. The vehicle is in place but adequate flexible funding is lacking. 3. Legislative interpretation of how park and recreational capital improvements can be funded, i.e. essential corporate purpose, should be secured. 4. Tax-exempt properties should pay charges for fire and police services. Legislation is required to all our local governments to establish the fee. 5. Chapter 20 of Iowa Code presently limits temporary employment to days. Four months is not a long enough period of time to accommodate season employment for golf courses, parks various recreation 9 � � programs, and possibly snow removal. A temporary employment period of six or seven months would be more practical for our needs for such seasonal jobs. 6. One of the significant issues for large cities during the next year relates to the distribution of Road Use Taxes. The legislative action taken by the recent General Assembly established an increase in the gasoline tax in the State of Iowa. The distribution of that gas tax increase was agreed to by the State, the Counties, and the League of Municipalities, subject to a study during this next year on the overall formula for gas tax distribution within the State. It is vitally important that the large cities in the State take an active role in the study when it is undertaken by the Iowa Department of K a N Transportation. Input from the large cities is vitally important to the successful outcome of such a study and the equalization of the distribution of the Road Use Tax within the State. 7. The state has purchased central processing equipment to bring the Automated fingerprint Identification System into reality. This is a project that has been worked on jointly with the state for over two years. However, the legislature again declined to fund remote terminals to be placed in law enforcement agencies across the state. In order to receive the full benefit of this advancement, the remote terminals are absolutely necessary. 8. The state legislature has repeatedly considered actio that would narrow or eliminate the ability of law enforcement to use polygraph testing. The polygraph is a significant tool in criminal investiga- tion and an essential tool to background investigation of police employees. Efforts to restrain law enforcement need to be vigorously resisted, and recovery and expansion of this tool is a very desirable objective. 9. Two years ago the City of Des Moines was able to effectively use roadblocks for educating and publicizing the concerns over drunk driving. Roadblocks of this nature are successful when they do not catch drunk drivers. Their objective is to focus attention on the dangers of drunk driving. The Iowa State Legislature passed a state law specifically prohibiting this practice. It is recommended that efforts be made to rescind that law. 10. The Iowa State Department of Health (ISDN) has been seeking legisla- tive authority to write rules governing the safety aspects of public and commercial pools for the past three years. Although the Iowa Legislature has granted the ISDN the power to regulate pool sanita- tion, they continue to deny the health department the ability to ensure pool safety. The Iowa Park and Recreation Association has been working with them on this. This forces cities which inspect and license pools to rely on locally written safety codes, leading to a lack of uniformity i enforcement, a 3 increased local liability, and the absence of up-to-date regulations dealing with swimming pool safety. The legislators should be requested to grant the ISDH the authority to properly address this issue. 11. CDBG Legislation/funding should be a major concern to all entitlement cities in Iowa. Reductions of 35 to 40% have occurred over the past seven years and o further cuts should be tolerated. Presently, the U.S. House of Representatives has passed a freeze for CDBG while the Senate has adopted a 6% reduction, at the same time that it increased space, science, and technology by 27%. Cities should not allow any further reductions, nor should they permit folding any other problems into CDBG as that is a means of reducing overall funding for these programs. 12. There is currently a major housing legislative effort in Washington. Presently, there are three national housing studies being carried out. The National Housing Task Force is headed by Boston developer James Rouse, while former HUD Secretary Carla Hills heads up a second group, and the Massachusetts Institute of Technology makes up the third. A new affordable housing effort and appropriate legislation is on a fast track in Washington led by Senator Cranston. Plans call for legislation to be principally through Congressional subcommittees by July/August of this year, although it is not anticipated that new legislation would be acted on by this Administration. The new housing legislation would be ready for the President to sign into law early in 1989. As an example, one of 10 or 15 major focus areas is on the develop- ment of a Housing Opportunity Program (HOP) which would be a housing entitlement for communities similar to the allocations for COBG. Consensus on support of housing initiatives is important to the larger cities. 0 r 4 13. Take a positive stand on preserving UDAG and EDA funding. 14. Local law enforcement is very dependent upon the state for supple- menting their investigative resources with Division of Criminal Investigation (DCI) agents. We would certainly benefit from strengthening their organization and using their officers in under- cover investigative capacities. 15. Pension boards and boards from other communities have faced the concern of an increasing number of disability pensions being granted. Several superficial solutions have been offered. However, it would be in the best interest of police and fire employees and the League of Cities to jointly address the question. 16. Iowa is truly fortunate in the relatively limited amount of drug problems manifested across the state. We should be taking advantage of that position by implementing and supporting active anti-drug programs, both in schools and the public area. 17. State law provides for a surcharge on traffic violations. Currently, that surcharge is being collected by the state. One purpose of the surcharge is to fund training for law enforcement. Neither the Iowa Law Enforcement Academy nor local law enforcement agencies have benefited from this program. The major cities need to focus on that issue and see that the funding is directed as it was intended. 18. The question of license reciprocity between cities arises frequently. Most, if not all, major cities require that electrical, plumbing and mechanical contractors be licensed. In addition, in several instances, the workers who actually perform the work must be licensed or certified as "journeymen." In Des Moines, the "journeyman" requirement applies only to plumbers. Contractors who work in more than one jurisdiction must be licensed in each jurisdiction. Obviously, this necessitates a multiplicity of bonds, license fees, and frequently, written examinations. A 5 Ostensibly, a bond is required to provide some degree of protection for the City and for the public. A license fee is required to compensate the City for administering and enforcing the rules and code requirements, and an examination is required to measure compe- tency. Although many inter -city contractors resent having to pay the cost of several bonds and license fees, the most difficult obstacle is the examination. This sometimes requires considerable delay awaiting a scheduled exam, as well as a full day's time in taking and possibly failing the exam. State licensing does not appear to be an answer, nor is legislation requiring reciprocity. Most jurisdictions feel that local licensing enhances enforcement efforts because it allows direct control of the licensee. Also, jurisdictions tend to fear reciprocity because of uncertainties about the quality of exams in other jurisdictions. There is also the aspect of revenue from license fees that would be lost through state licensing. One answer to the problem of license reciprocity (without state involvement) might be for a group of interested cities or jurisdic- tions to band together for the purpose of establishing mutually acceptable criteria to facilitate reciprocity between subscribing jurisdictions. 19. Funding for the arts, cultural programs, and leisure time activities. 20. Policies of annexation and growth management and how they impact the City. 21. Consider an amendment to the municipal infraction statute clarifying the right of appeal for local governments when a magistrate decides against a municipality. Presently, the municipal infraction legislation discusses the appeal rights of a violator when found guilty of a municipal infraction, but does not address the appeal rights of local government. 22. Support new enabling legislation concerning the use of development fees or exactions. Many local governments are experiencing difficult �a5/ A 0 economic times and are searching for a means to provide the same or increased services for fewer dollars. The use of development fees or exactions by local governments can be an attractive option to financing these public services generated by new development without raising property taxes to pay for these services. The lacking of clear state legislative guidance will force local governments to pioneer the use of development fees through long, costly, trial and error experiments that may ultimately end up in courts. The adoption of state enabling legislation is recommended to provide guidance to local jurisdictions in the preparation and administration of ordinances implementing developing fees. 23. Support for federal legislation creating a national trust fund for parks and recreation to replace the dwindling Land and Water Conser- vation (LAWCON) fund. 9 Informal Council Meeting August 8, 1988 Informal Council Discussion: August 8, 1988 at 6:30 p.m. in the Council Chambers in the Civic Center. Mayor pro tem Courtney presiding. Council Present: Courtney, Horowitz, Strait, Dickson, Larson, Ambrisco. Absent: McDonald. Staff Present: Atkins, Helling, Boyle, Karr, Schmeiser, Cain, Franklin, Davidson. Tape Recording: Reel 88-41, Side 2, 568-1, Reel 88-46, Side 1, 1 -End, Side 2, End -1. Consent Calendar: Reel 88-41, Side 2 City Council agreed to add a beer permit for the Iowa City Fall Fun Festival to the consent calendar. Agenda item 3.c.7. - dancing permits. Horowitz inquired about the resolution issuing dancing permits. Karr explained the City issues dance permits by resolution, the dance permits are not itemized for Council consideration, but generally relate to approval of a liquor license on the same agenda. Planning & Zoning Matters: Reel 88-41, Side 2 a. Public hearing on an ordinance to vacate a 3.778 square foot portion of Waterfront Drive right-of-way. (V-8804). Schmeiser explained this request will allow for reconstruction of the building accommodating the slaughter house and would permit parking in the front yard. Schmeiser said a ten foot utility easement will be dedicated with the final plat of a resubdivision of Government Lot 4. (See items b., d., e. and j.) b. Ordinance to vacate a 3.778 square foot portion of Waterfront Drive right-of-way. (V-8804) (first consideration) Schmeiser said Gays have requested expedited consideration of this item. Larson asked how the City decides to sell or give away vacated land. Schmeiser said it is considered on a case-by-case basis and the area in consideration is a right-of-way established as an easement for roadway purposes. Schmeiser explained if the right-of- way is vacated, it reverts to the Gays. (See agenda items d., e. and J.) Minutes Informal Council Meeting August 8, 1988 Page 2 C. Schmeiser stated the Planning and Zoning Commission recommended Maiden Lane right-of-way be redesignated an alley provided the City commits to paving this right-of-way and providing metered parking in the area. Schmeiser said it will cost approximately $62,000 to construct that parking area and 6 out of 8 adjoining property owners have been contacted. Atkins suggested staff meet with property owners to discuss a development plan for the whole area. Boyle stated the City is not under any obligation to act within a certain time period on the vacation. Schmeiser said the initial request to vacate was withdrawn but the applicant has agreed to redesignation of the street, Council should go ahead and hold the public hearing. Atkins said he is reluctant to use the parking fund to fund streets and other options should be studied. Council directed staff to meet with property owners to discuss development of the area. Council received input from property owner John Rummelhart. d. Ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2. (second consideration) See agenda items a., b., e. and j. e. Schmeiser said that Gay's business is composed of three uses: slaughter house, meat market and locker, and this will amend the CC -2 zone to allow food lockers as a permitted use. (See agenda items a., b., d. and j.) Ordinance to vacate a portion of Maiden Lane. (second consideration) Schmeiser noted that the right-of-way remains City property if it is vacated. Schmeiser said that if B. Chait does not follow-through with plans to renovate St. Patrick's Elementary School, the City could rebid the triangular piece to include the 19 -foot Maiden Lane right-of-way. Courtney requested staff contact Benjamin Chait regarding his renovation plans. Regarding the ordinance, Boyle said the Council could table it, vote it down, or adopt the vacation ordinance and rededicate if necessary. g. Ordinance to vacate portions of Capitol and Bloomington Streets. (passed and adopted) No Council comment. �Z-Jo Minutes Informal Council Meeting August 8, 1988 Page 3 GIN Schmeiser said the purpose of the development is to relocate the ready mix plant, construct a material handling unit, and to construct a truck storage and shop building. Schmeiser said the Riverfront Commission recommended three conditions as outlined in a letter to Council. Schmeiser reported the building official has chosen to waive the requirement for vegetative screening along the south, east and north boundaries of the site. Schmeiser distributed a plat of the area to Councilmembers. In response to Strait, Schmeiser explained the building official waived the screening requirement because of the existing vegetation along the two boundaries and because of the change in grade, making it difficult to see the site from the river. Schmeiser said all of the deficiencies have been corrected. Schmeiser said staff and the Planning and Zoning Commission recommended waivers of the sidewalk requirements along Imperial Court and provisions for the circle median in the turnaround of the cul-de-sac. Ambrisco cautioned that there may be a traffic hazard from the large trucks egressing the existing curb cut. Larry Schnittjer, MMS Consultants, said the internal traffic at the site has been changed and traffic will be exiting north of the utility pole. Courtney inquired about the airport overlay ordinance. Schmeiser said the project is in the transition overlay zone of the airport but is not a problem. Horowitz asked where the cement material washout of the truck drains go. Schnittjer explained drainage from the truck drains into a washout pit. Schnittjer said the cement left in the washout material settles in the washout pit and the washout pit is cleaned out on a regular basis. Schnittjer said the cement material does not go into the sanitary sewer system. Horowitz asked if underground fuel tanks are still located on the property. Schnittjer said they probably are and new tanks may be installed. See above item h. X_:ZD Minutes Informal Council Meeting August 8, 1988 Page 4 j• k. M. Schmeiser proposed the Council approve the resubdivision of Govern- ment Lot 4 with two stipulations: 1) vacation of a 3,778 square foot portion of Waterfront Drive adjacent to the proposed subdivision, and 2) waiver of the provision of the sidewalk along Waterfront Drive. Schmeiser reported that the staff and Planning and Zoning Commission recommended waiving the sidewalk requirement along Waterfront Drive because a sludge force main has to be constructed along Waterfront Drive and no sidewalks presently exist in the area. Horowitz asked if there will be temporary sidewalk installed during construction of the sludge force main. Schmeiser said there are sidewalks proposed on the west side. Horowitz said a temporary sidewalk or rope walk is needed to protect pedestrians during construction. Atkins said he will discuss the need for sidewalk with Public Works Director Schmadeke. No Council comment. Schmeiser explained the LSNRD ordinance provides that approved preliminary plans are valid for a period of two years. Schmeiser said on May 20, 1986, the City Council approved LSNRD plans for Lots 1 and 6, BDI Second Addition; LSNRD plans have an expiration date which may be extended by the City Council for a period of 12 months upon written request of the owner; and the new expiration date on these plans will be May 20, 1989. Schmeiser said it is staff's recommendation that Council grant the extension. Schmeiser referred to a letter prepared by Barry Beagle. University of Iowa Request Regarding Licensing of Peddlers: Reel 88-46, Side 1 Karr noted Council received correspondence and information in the Council packet relating to this request. Karr introduced Dickie Van Meter, University of Iowa Licensing/Marketing Director. Van Meter appeared and Minutes Informal Council Meeting August 8, 1988 Page 5 raised concerns relating to safety and licensing. Van Meter explained merchandising operations create additional congestion along Melrose Avenue on football Saturdays and many of the merchandisers have not secured licenses. Van Meter asked Council to work with the University to address these problems. Strait asked if peddlers are illegally parked on Melrose Avenue. Larson asked what is the City's interest in regulating the peddlers. Van Meter said the City should share the University's concern relating to congestion problems and non-payment of sales tax. Courtney said the City lacks the personnel to help with enforcement. In response to Ambrisco, Van Meter said she has not contacted University Heights. Ambrisco asked that the University address the problems related to alcohol consumption at the football games. Horowitz asked if Capt. Fuhrmeister would accept delegation of authority from the City to allow the University to give permits to the peddlers. Council members discussed the vendor problems. Councilmembers received input from Dale Arns regarding vendor permits. Atkins stated the City personnel should be used to control traffic. Atkins suggested the City send a letter to Melrose residents regarding vendors remaining off the public right-of-way and on private property. Jane Meyer, University of Iowa graduate assistant, asked the City request that Melrose residents allow only licensed peddlers. Larson stated it is not the City's responsibility to enforce the licensing provision of the University of Iowa Athletic Department. Council directed staff to send a letter to Melrose Avenue residents. Proposed Downtown Development Study: Reel 88-46, Side 1 Atkins noted Council received his 8/5/88 memo regarding a proposed downtown study. Atkins asked that a market study be done by a consultant to indicate the kind of development most likely to occur and to be supported by the downtown area. Councilmembers discussed use of a consultant versus City staff. Atkins said the study would cost an estimated $10,000-520,000. Atkins said work could be done by City staff. Strait suggested using University personnel for the study. In response to Larson, Schmeiser said staff is working on the Comprehensive Plan Update and subdivision regulations. Councilmembers discussed staff work priorities as they relate to the Comp Plan Update and downtown market study. Atkins noted a downtown parking study is being done. Horowitz stated the availability of parking in the north-west and south-east quarters should also be studied. Courtney suggested the downtown market study be included in the Comp Plan Update. Atkins stated a market analysis of the downtown area needs to be done. Council received input from Suzanne Summerwill, President, Downtown Association. Summerwill said the market resource aspect of the study is essential. Summerwill asked Council to get proposals for a downtown market analysis before they negate the idea of using a consultant. In response to Courtney, Schmeiser said City staff has the capabilities to do the downtown market analysis, but has not done one. Council requested that the City Manager work with the Planning Department to get figures of approximate cost for a consultant to do the market anslysis, and to formulate a priority list of projects undertaken by the Planning Department. Z -20 Minutes Informal Council Meeting August 8, 1988 Page 6 Council Agenda/Time: Reel 88-46, Side 2 1. (Agenda item #3.e.1. - Hank Miguel - Yacht Club) Horowitz asked if there is a probationary liquor permit. Karr said the state does not allow for probationary periods for a beer and liquor permit. Boyle explained Council adopted the ordinance prohibiting bars in the second floor or basements of premises at the request of the Chief of Police because of safety concerns. Council discussed the ordinance as it relates to the Yacht Club. Boyle explained that Council could repeal the ordinance or direct a change in the 50% requirement or do nothing. Courtney asked staff to prepare recommendations. 2. Atkins announced that Councilmembers have been invited to attend the Chamber of Commerce new teacher luncheon on August 23, 1988. 3. Boyle noted Council received revised copies of the University 28E Agreement. 4. Boyle stated that Iowa City has been served a lawsuit by Dr. Skaugstad. The lawsuit, a quiet title action, involves land north of Park Road between Hutchinson Avenue and Magowan Avenue. Boyle said Dr. Skaugstad has agreed to give Iowa City an easement for a future sewer if the City will exceed in the lawsuit. A000intments: Reel 88-46, Side 2 Housing Commission: Reginald Williams. Meeting adjourned at 8:25 p.m. r-ao