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Home My WebLink About1976-01-06 Regular MeetingR G L L C A L L I COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JANUARY 6_;'1976 7:30 P, M, " The Iowa City City Council met in Regular Session on the 6th of January, 1976, at 7:30`.P.m. in the:Council_Chambers at the Civic Center. Present: Balmer,.deProsse, Foster,:Neuhauser, Perret, Selzer, Vevera.Absent: none. Mayor siding. Neuhauser pre - It was moved by deProsse and seconded by Foster t the amount`. read thus far to be ao consider , full reading and to `approve= the minutes of Official Actions of 9, l -meeting of :.December 16, 1975, subject to correction. Motion carried, unanimously. Ralph Oxford, representing Super Cab and Yellow Cab com panies was present requesting Council to -.meet with him and Joan Gross from'the Department of Transportation to dwhat-funds iscuss hat" are, or aren't available through 014TA for Senior`Citisenw. I session. f - was the consensus ,of Councilto set -discussion for an informal - Freda Hieronymus, representing Old Capitol Associates ap- peared presenting a statement.announcing that Jack --Klaus will be Project Director of the .Redevelopment Project for Old Capitol, effective February 2, 1976. - ao Robert Welsh 526 Ma field Road a eared announcin his - concern and su ort of Bob Vevera askin the Cit =blana er is -to reveal Who uestioned the 'status of Mr. Vevera >on'the 'Council: City -Manager Berlin'responded -noting John Hayek did express to Council, at an informal session,,his.-concern at the 'time.of csand so -informed - ed the Civil Service Commission findings and deiion the Pension Board.`; Mr. erlin not he was unaware of anyone from the outside questioning the status of Mr..Vevera.- He com- mented that after' discussion with Attorney-;Hayek,'and-research by the Assistant City Attorneys, material w.as provided-to.D1r. Vevera's Attorney _and subsequent to that there was discussion - this -past week by the City Council. `He pointed but that it is his belief that it is appropriate for the City Attorney and the City Manager to'provide ,advice and.counsel to the City, Council, if there,is any potential question concerning the legality one any matter or action they might take. This should be viewed.! as prudent and not being -questioned as to Mr. Vevera personally. Morty Sklar, P.O. Box 1585, appeared presenting a sugges- tion that poetry be printed on cards_and�put inside the buses. He pointed out that this"Friday -is -the deadline for applications cto the "Iowa _State -Arts Council -for grants. -'He was directed to ontact Mayor.Neuhauser` for- further discussion., w f Page 2 Council Activities Januar 6 Y' , --1976 " City Attorney Hayek th requested that item No. 8 on the agenda, Chan in Amending the Zonin the Use g ordinance No. 74-2727, b owned b Re ulations and Y.,:_ Plum Grove Restrictions :of parcel Of land to` Plannin Acres to CH Zone, be deferre it comes -to and Zonin for their=°official reco an re erre �3 Cuuncil. It was moved b mmen atioa_ a ore Selzer -to so defer and refer to'p` Y Balmer and seconded by unanimously. City Attorne & Z Commission. Motion adopted, - action and the procedure xyeHayek explained the ;previous Council viously considered required in the;StateCode. not ado Grdinance was to rezone to C6 Zone The Pre= adopted because of lack -of an'extraordinar > which was y vote. It was moved by deProsse and seconded b and file the minutes of the meetings of the Planning y Perret to receive Commission 12 18 75, and Parks and and Zoning 12/10/75 Recreation Commission, Motion adopted, unanimously. After discussion and appearances--- Commission Chairman Tom Cilekand JeanbSpector foParks a,Afteration Educational and Recreational Program, it`was moved b and seconded b School mission Y Perret-to approve -the Parks and y Foster recommendation to a Recreation Com - for the second half of.thisPProve,two six-week ASERp' $3.00 and an additional a academic year with a baseperiods fee 0 which re PPropriate'fee for those activities_ materials. and Vevera voting "no". Motion adopted, 4/3, Balmer, It was noted a letter had been received b Zoning Commission from ter had and be Lynch received y the Planning (Item No- 11) for rezoning - Y 4 that their request southwest corner of Old Dubuque act of land located on the no Council 'action q Road and Highwa 1 was required. - Y �• be withdrawn; Item No. 10 was taken at and seconded b this time. It was moved b Resolution Book 34,zer.to adopt Resolution No. 76-5 }• deProsse Village Green, Part SageRolls 5 acallc Approving the'FirialePlateofin hauser, Perret, Selzer ?lyes: deProsse, Poster, -Neu -- a ted . Vevera, Balmer. Nays: none. Resolution P • 7/0 Director of Community was present for discussion. Development Dennis Kraft' It was moved by deProsse and seconded b the following Mayor's appointments: - Y Vevera to approve Reappointment, Of C. B. Thayer and Appointment of Glenn Boutelle - Parks and Recreation 1 1 80 reation Commission ,-terms expiring J. Wayne Deegan public Representative Journeyman Representative, on Board ifofaPlumber- terms expiring, 72/31/77. ,-Motion of Examners adopted P unanimously. Page 3 Council Activities - January 6, 1976' Mayor Neuhauser announced representatives to serve on the following: from the Council Regional'Pl'anniria Co _ with Balmer, Foster,and Selzer'asPalternates. She and fled on attention to the two citizen vacancies to begin. , the 30 -day notice Executive Committee Neuhauser Planningand zoninl Com"rehensive Plan Committee Neuhauser and Perret - deProsse, Johnson Countcouncil, Arts li aison --Neuhauser Mayor Neuhauseroutlinedseveral new =Procedures ,to 'be used at future Council meetings, noting the second public hearing will be omitted, and discussion' will be limited to 5 minutes. She also. P .out the consent calendar will be-imAlemami all routine items will be passed m with one motion Unless the explaining specifically asks that an itetaken:off ' considered separately and the Council regarding She aconsent!agendaalso commented on communications.for. (1) invitation:to attend White:House`Region- a1 Conference on Consumer Representation'Plan in.'Kansas City on January 24th and (2) a>letter from the American Institute of Re- ligion requesting Council write to the 'White House supporting -a conference on "How to Win the War on Crime". After, explanation by Housing Coordinator Lyle Seydel on the difference on Section 23 and .Section8 housii:g, and the purpose u the Resolution No.'76-4 recorded':in Resolution Book 39, a e 9 Authorizin Execution Of Master Section 8 -Annual Contribua�utionsg Contract, Third Amendator to Sect gj Leasin o£- Private AccommodationsAnnual utand SGeneralcDefosi tar Agreement, it was moved by Perret and to a opt the Resolution. Roll call: seconded by deProsse Perret, Selzer Ayes: Foster, Neuhauser, Vevera, Balmer, deProsse. Nays: none- Resolu- tion adopted, 7/0.-'rsr. Seydel'noted that because. of ':the increase in numbers of units, it will increase his.staff by 1-1/2rposi- tions'- 1 Leased Housing. Specialist and 1/2 time Clerk -Typist. pist. It was moved by deProsse and seconded,by Foster that the letter from Don Doumakes regarding -Iowa City Police ;Department matters, concerning Sex Crime Prevention Unit and=:Traffic be t ceived and filed_ Motion ado ted, unanimously. It was moved by Balmer and 'seconded by: deProsse to adopt Resolution No. 76-6, recorded in Resolution Book 34 page 7, Refundin_ Ci.arette Hermit for Mike's'Riverside-Texaco -510 S. Riverside Drive. ..Roll call A es• Vevera, Balmer, deProsse, paste NaNsuhauser, Perret, :Selzer, adopted, 7/0 r. y none. Resolution �Ci4�r of Iowa CiMEM� 0AO,U DATE: January 2, 1976 TO: City Council FROM: City Manager RE: DIaterial in Friday's Packet Memorandum to City Council from City Manager regarding University Y Heights? Cc Letter to Iowa City Mayor and Cit County Regional Planning CommissionCregardifrom oa Actin tives to the Regional PlanningCo g Director of Johnson mmission. %g appointment of new representa- Letter to 5��"�` /l6 (7b Rey, Y Attorney appoi and City Council from John Hayek regardin Cit Y appointment. regarding:Assistant Dfi.nutes of Staff. DJeeting of December, 24, 1975. Memorandum totQ� Of funds, CC Y Council from City NIanager regarding 7 g source and application Memorandum to City Council Redevelopment Coordinator regarding meeting with Old Capitol Assofrom Community ciates.' Diemorzndum to City Council from City ,Manager -regarding wages for interns Diemor uudum to City Council from City Manager'regardin � College `and Dubuque reconstruction. g design and review of Memorandum to City Council and City Mfro anager m Transit Superintendent regardin winter bus schedule. �S� Letter to AIr. lVilliam H. Bartle ' 9 regarding COuncllmember Robert VevAttoera.rney, at Law, from John 1Y, Hayek �( Calendarfor-January; 1976: Article from Des hloines'Register, of Beverly Flills, Californi. D�jmber 26, 1975, regardin 7 / g money troubles COPY-Of_lowa City personnel rules_and-regulati ons -manual— CoP�of"�hmicipal-Negotiations-:—From-Differences-to-Agreement." C0Py-of-I0wUt oning Co a ate -Ju- Iy� 1975. CopY-Of-Iowa-Ci ty-3'Taffi -Code. M114UTES OF OFF ICIALACTIONS OF COUNCIL JANUARY 6, 1976 7:30 P.M. The cost of publishing the following proceedings and claims is $ Cumulative cost to date during; this calendar year for -said publication is .$ The Iowa City City Council met in Regular Session on the 6th of January, 1976,,at 7:30 P.M. in the Council Chambers at the Civic Center. Present: Balmer; siding. deProsse,-Foster,-Neuhauser, Perret, Selzer, Vevera. Absent: none. -Mayor Neuhauser pre- ` `= It was moved by deProsse and seconded by Foster to consider the amount read thus far to be a full reading and: to approve the minutes of Official Actions- of -Council meeting of December 16, 1975, subject to correction.Motion carried, unanimously. - Ralph Oxford, representing Super Cab and Yellow Cab com- panies was present requesting Council to meet with -him -..and Joan Gross from the, Department of,Transportation 'to discuss what funds are or;aren'It .available through UMTA for Senior Citizens It'- was the consensus of Council to set discussion for an informal session. Freda Hieronymus, representing -Old Capitol Associates, ap' peared presenting a statement announcing that Jack Klaus will be, Project Director of the :Redevelopment -Project :for 'old "Capitol, effective February 2,: 1976. It was moved by Balmer and seconded bySelzer that the Ordi- nance Amending the Zoning.Ordinance No. 74-2727, by Changing. the: Use Regulations and Restrictions of parcel of land owned by -Plum Grove Acres to CH Zone, be deferred and referred to Planning and Zoning for their official recommendationbeforeit comes to Council. 'Motion -adopted, unanimously. The previously considered -Ordinance was -to -rezone to CO Zone, which was not adopted because of lack of an extraordinary vote. It was moved by deProsse and seconded by Perret to receive and file, the minutes of the, meetings` of the Planning ;and Zoning Commission, 12/18/75, and Parks and, -Recreation Commission, 12/10/75. Motion adopted,' unanimously. After discussion and appearances by Parks and Recreation Commission Chairman Tom Cilek and Jean,Spector-for AfterSchoolEducational and Recreational Program,,; it was moved -by -_Foster and seconded by Perret to approve the Parks and Recreation Com- mission recommendation to approve two ,six-week ASERP periods -for the second half of this.academic year with a base fee of $3.00 and an additional appropriatejfee for those ,activities which require materials. Motion adopted, 4/3, -Balmer, -Selzer, and Vevera voting "no". Page 2 Council Minutes January -6, 1976- It was noted a letter had been received b questg Was from Sladek and L (Item No. Y the Planning & the southwest corner for rezoning ynch asking that their re - the of land located on drawn; of O1d,Dubugue Road and Highway no Council action was required. 1. be with - It was moved by deProsse and Resolution No. 76_5 seconded by Selzer to adopt Resolution recorded in Resolution Book 34, pages 5 and Approving the Final Plat of village Green, Part 5.' Ayes, deProsse, FOster, Neuhauser, Perret Nays: none. .Resolution adopted, 7 0. Roll call:. DevelopmentSelzer, Communrarity mer: Dennis Kraft was / Director of Pres-_nt for discuss -- it It was moved by deProsse and seconded b the following Mayor's appointments:, Y vevera to approve Reappointment of C. B. Thayer and Appoint Parks and Rment of Glenn BOutelle - ecreation Commission 1/1/80 terms expiring J. Wayne Deegan - Public Journeyman 'RepresentativeRepresentative, and Wilford ers, terms _ex q 12/31/77 Board of Examiners`of pl br expiring, Motion ado ted - Mayor Neuhauser announced P unanimously. to serve on the 'fol lowino representatives. from the Council Re Tonal Plannin Commission - wath Balmer, Foster, deProsse, Perret, and Vevera attention to the and Selzer -as alternates. She- attention-to to begin, two citizen vacancies, the 30 -da y notice Executive Committee_ Neuhauser P-lanninl and zonin comprehensive Neuhauser and Perret Plan Committee --deProsse, Johnson CountX Arts - C011nCil, liaison = Neuhauser Mayor Neuhauser outlined several new at future Councilmeetings, notin Procedures to' be omitted, end..discussion will g'the:second be used also be limited o Public hearing will pointed out -the consent calendar 5 minutes. She - plaining all routine items will en ''ill be implemented, he someone specifically asks that` passed with agenda and considered an item taken offntheoconsentless separately. It was moved by Perret and Resolution No. 76-4, recorded seconded by, deProsse to adopt_ Authorizing Execution in Resolution Book 34, page o of Master Secion 8 Annual Contributions • AGENDA REGULAR COUNCIL MEETING _--- JANUARY 6, 1976 7:30 PM Item No. 1 - MEETING TO ORDER ROLL CALL n'II Item No. 2 - READING OF MINUTES OF OFFICIAL ACTIONS OF COUNCIL MEETING DECEMBER 16, 1975. fLn_: ( r.' OF, cnv V-1 -All Item No. 3 —PUBLIC DISCUSSICN - - 6 " _ Item No. 4 -)RECEIVE MINUTES OF BOARDS AND CObfISSIONS. 3 a.- Iowa City Planning and Zoning,Commission meeting of December, 18, 1975. Action Action: b. _ Iowa City Parks and Recreation Commissi 10, 1975. meting eting of December • t- AleV , ,tc:n/ ✓off-zvn 1 roJ✓ (-d/ - - j. - / ' , 11 f,u U<u..•v�� --- J�!�' _—:2 AVJci e4�) IId 1_:algia/ f- t2 J r r. _. Agenda Regular Council Meeting January 6, 1976 7:30 PM • Page 2 Item No. 5 - RECOMENDATIMS TO THE CITY COUNCIL. - a. Consider recommendation of the Iowa City Parks and Recreation - Commission to approve two six-week'ASERP, periods for the second - half of this academic year-with abase fee of $3.00 and an additional appropriate fee for those activities which require materials.r Action: 7 Q b. Consider recommendations of the Iowa City Planning and Zoning Commission: (1) Not to approve Z-7509, rezoning of tract of land,'R1A to CO, on southwestcorner of intersection of Old; Dubuque Road and Highway #1. This item appears on the agenda as Item No. 11. Action: F W it kd•ror inti. - `" r (2) To approve'S-7528,:Village Green, Part 5, final plat, : located south of Village Road and east of Village Green,' Part 3. This item appears on the -agenda '.as;Item;No. 10.' Action't '1 n l-•r :. l �... y-� r ✓Ot: . -lpcyr : — \\ e v t .n !. r. '1 (�n.� ((•oi -nn 1.•v x.14 4--•f Ian 6,_� . ' Jia. � l c t •� i C' oda, r' Item No. 6 - BUSINESS FROM ME CITY COUNCIL. + a. Consider appointment to fill vacancies on Parks and Recreation Commission. Action: -. 1�'e�(lA�a D �+nl nrt e•L3 payor rf �an�vosa Co le.NN 9oute.11e .3 11(' b. - Consider appointment to fill vacancies on Board of Examiners of ` Plumbers. Action: �. �eJl— P�66� �•:/ eSG()a4ne beegaH P._ - ��` 2-11 1_ J _ri T _ ` l ..r I Agenda ` Regular Council Meeting • January 6, 1976 7:30 PM Page S Item No..12 - CORRESPONDENCE TO THE CITY COUNCIL. a. Letter from Don Doumakes regarding Iowa City Police Department r• . matters. c,o.r_.,,, j, ,,j Action: 16 Item No. 13 -"ISSUANCE OF PERMITS. a. Resolution refunding' cigarette permit for Mike's Riverside Texaco, 510 South Riverside Drive, Iowa City, Iowa. Action:} / _ / Gee ✓F , r. Jt' 1�- / F_�1.�.� y �i1 �0 �7 .y-y�.-.�Cf VCT — �J}r:'J i!!.�-�..-r.t.rrr cf Clr'a :;n�rr l/t• Item No. 14 - APPROVAL OF BILLS:Ps� n n ,; >.,aR-a !c r+ly. . Comment: —Bills in the amount of $1,275,886.42 for the period of November 1-30, •. 1975) are, submitted for Council approval. Action: &0_p I I A,i 1 Item No. 15 - PUBLIC DISCUSSION. 1 �_,r)2_ ew Item No. 16 - ADJOURNMENT. „. _ -MINUTES OF OFFICIAL ACTIONS OF COUNCIL” DECEMBER 16, 1975 _ 7:30 -P.M. The cost of publishing the: following proceedings and claims is $ .' Cumulative cost to date duringrthis calendar year for said publication is $ The Iowa City City Council met in Regular Session on the -- 16th day of December,: 1975, at 7:30;P.M. in the Council`.Chambers , ' at the.Civic Center. Present:' -Brandt, Czarnecki, Davidsen, deprosse, Neuhauser. Absent: none. 'Mayor Czarnecki presiding. It was moved by deProsse and seconded: by Davidsen to con- sider _the ;amount `read thus far -to bea.full-reading and; to ap- prove -the minutes of officialActions of the Council meeting of December '2,-1975, subject to.correction... Motion carried, ". unanimously. Paul Nolan, 1805 Gleason Avenue, appeared concerning the Mt. Prospect Addition, :Part III. rezoning and 'presented a-.tran- ' script of remarks made.by concerned citizens. They requested deferring the vote on the rezoning until the newCounciltakes' office in January, 197. It was moved by=Davidsen and 'seconded by deProsse that 'the -statement -be received and -filed. ;Motion`-; • carried, unanimously. It was moved by Neuhauser and.seconded`by'deProsse that the minutesofthe meetings of Planning and Zoning,Commission, 12/4/75; Housing Commission, -11/19/75, and Design'Review Com- om-mittee,;12/10/75, mittee, 12/10/75,be received`and filed. '`Motion adopted, unani- mously. It was the consensus of the.Counci1 to `schedule_ the .._ - report from Attorney Hayek of 10/17/75 on Design'Review'of Development in Iowa City for.discussion at an, informal session. - Motion adopted, unanimously. It was moved by deProsse and seconded by Neuhauser to ap- prove the Mayor's appointments to the following Boards and Commissions: Dick Pattschull reappointed to Board of ;Appeals, term expires 12/31/78; reappoint Barbara' Woodard;` and appoint, ' Ethel Madison and Patricia Gilroy to. the.`Human'Relations. Com-_ mission, terms expire l/l/79; and Loren -Will to the Citizens' -Committee -to Regional -;Planning -Commission. Motion .Advisory adopted,,unanimously. The Mayor announced that the appointment for the Board of Adjustment will be extended for 130, days. Harold Wessling, appeared regarding installation of;a stop sign or crosswalk.at California and Grant Wood Drive to 'allow;, school children to cross safely. It was moved,by. Brandt and seconded by Neuhauser .that the -City _Manager investigate the ,-: possibilities of a stop sign on Grant Wood Drive and California • and report back to Council. Motion adopted, unanimously. COMPLETE DESCRIPTION OF:000NCIL.ACTIVITIES • DECEMBER 16, 1975 7:30 P,M, The Iowa City City Council met in Regular Session: on the .: 16th day of December, 1975, at 7:30 P.M. intheCouncil-,hambers at the Civic Center.Present: Brandt, Czarnecki, Davidser deProsse, Neuhauser. Absent: none. Mayor Czarnecki presiding. It was moved by deProsse and seconded by Davidsen to con- , Sider the amount -read -.thus far to be a full 'reading and to ap., ; prove the minutes of official Actions of the Council meeting. ; of December 2, 1975, subject to correction. Motion carried,' -.unanimously. Paul Nolan, 1805 Gleason Avenue,`appeared concerning the _ Mt. Pzospect Addition,; Part II rezoning and:presented'a`tran- script of remarks made by concerned citizens. They requested deferring the vote on the rezoning until the new Council.takes: office in January, 1976. _ It was moved'by.Davidsen and seconded by'deProsse 'that '-the statement be receivediand filed.. Motion'.:' carried, unanimously. _. It was moved by Neuhauser and seconded by de,Prosse,that the minutes of the meetings of Planning and Zoning Commission, • 12/4/75; Housing Commission, 11/19/75, and ,Design?Review Com- mittee, -12/10/75,: be received.. -and filed. Motion adopted`, unan- mously. It was the consensus of the Council to schedule the report from Attorney Hayek of 10/17/75 on Design Review: of Development in Iowa City for discussion at an informal session-. "Motion adopted, unanimously. It was moved by deProsse and seconded.by Neuhauser:;to ap- prove the Mayor's appointments to the following:Boards;and Commissions: Dick 'Pattschull'reappointed,'to'Board of Appeals term expires 12/31/78; reappoint Barbara Woodard -,'and appoint. Ethel Madison and Patricia Gilroy to the Human Relations Com- mission, terms expire 1/1/79; and Loren Will to the Citizens' Advisory Committee to Regional Planning Commission: Motion adopted, unanimously. The Mayor announced ,that the appointment for the Board of Adjustment will be extended for, _30 days.,.He also reminded Council of the appointment next week to the Ad gional Planning Commission and appointments to the Parks and RecreationCommissionand Board o£ -'Examiners of'Plumbers'for January 6th. The Mayor called attention to the letter from Paul:Retish, dated 12/2/75, to Fredine Branson, Chairperson.of:_,Housing Com- mission stating `if -the meeting times could not be changed it would be .necessary for.him to resign from the commission. City Manager Berlinrepliedhe would check into this situation. i ^: Page_6 • Council Activities_-' December 16,;1975 Harold Wessling appeared regarding installation of . -a, stop sign or crosswalk at California and :Grant Wood Drive to -.allow,:_' school children -to cross safely. It veandt was moved b,r and 9eConded by'Neuhauser that the City Manager investigate '.the Possibilities of a stop sign. -on Grant Wood:Drive`and California and report back to Council. Motion'adopted, unanimously It was moved by Brandt and seconded by Neuhauser to adjourn to executive -session -to discuss Whitehouse litigation. Roll call: Ayes: Czarnecki, Davidsen, deProsse, Neuhauser, Brandt. Motion adopted, 5/0. 9:15 P.M. Mayor '� City .Clerk ��._. AJOINTVENTURE o1 • OLD CAPITOL BUSINESS CENTER COMPANY and MEADOW LINK INCORPpRATED OLD CAPITOL ASSOCIATES January 6, 1.976 Mrs. Wilfreda Hieronymus, Executive Director Of Old Capitol Business Center Company announced today, to the City Council, that Mr. Jack Klaus, former Urban Renewal Director of Iowa City will become the Project Director of the Redevelopment Project for Old Capitol Associates. Mrs. Hieronymus said that Old Capitol Associates were very pleased to have Mr. Klaus affiliated with the Project and reassociated with the redevelopment of Iowa City. Mr. Klaus) previous experience in the Iowa city Project, as well as his general experience and education in Urban development makes him uniquely qualified to ad- minister the affairs of the project. Mr. Klaus will start on February 2, 1976 and will office at 109 East Burlington Street, OE DICA TED TO REDU ILDING AND BEAUTIFYING IOWA CITY - _ TCIc011one 319 351.5275,319-3314720 -- Drawer 1270 Iowa City, Iowa 52240 -` _2_ • Dr. John Clancy, R. R. 2, Iowa City, submitted a petition -signed by approximately, 80 people who opposed the proposed rezoning. Dr. Clancy 'indicated that the petition was signed by every-property.owner within a one-half mile .range of..the , proposed 'rezoning and that such -..a.rezoning would seem to constitute spot zoning. Charles Eble, R. R. 2, Box 250, Iowa City, and Wilbur L. Zike, R. R. 2, Iowa City, also objected to the rezoning and said that'rezoning would (1) change the character of the property from residential to commercial, and (2) adversely affect the value of residential property in the immediate vicinity. -John R. Sladek,.attorney appearing on behalf of the proposed rezoning, stated that the traffic count in the:area makes it undesirable for a, residential area. He said he was not convinced that so-large,an:area should stay zoned as residential zoning and pointed out that, with 'the exception of RIA, CO zoning -is the most restrictive zone in Iowa City. Attorneys Sladek and Lynch suggested that their business would not attract` much traffic and would add `to:the neighborhoodrather than detractfrom it. They questioned whether the subject area would-be covered in the City's Comprehensive Plan and suggested that the City Staff and Planning and Zoning Commission do some "planning". Commissioners -indicated -.that this area would be covered in the comprehensive plan but explained that this plan would take some time to complete. Commissioner Cain explained that when land is: annexed to the City, it . no longer automatically comes in as R1A. Approximately one year; ago, she said, all land which had been annexed; to the City since 1962 -was reviewed and there were some zoning changes. 'Commissioner Madsen out that a comprehensive plan was adopted in 1962 but had only been updated' through zoning amendments: Commissioner Hines stated that a legal consideration was the major basis: of the staff's recommendation for denial of the proposedrezoningbecause such_action_would seemingly constitute spot zoning. A motion was made by Blum, seconded; by Madsen, torecommendto the City Council approval of`Z-7509,rezoning of tract,of land, RIA to CO,` on the southwest corner of the intersection of Old Dubuque Road and Highway O1. Commissioner Blum stated that he would vote against the motion even though _ ` he was avmnathprir-. airh tho marl 4n n-nvnm4nn fha -3 - is undesirable 3-isundesirable for the subject area: - Commissioner Hines stated that he would vote against the motion because he would consider such rezoning to be spot zoning. He agreed with the necessity of reviewing the zones outlined in the North Side Study to - determine if the zoning classifications are still desirable. Commissioner Cain said she would also vote against the motion for ' primarily the same reasons that were expressed above. She expressed regretand frustration over the delay in the comprehensive planning process but pointed out that background data takes a long time to complete. The motion failed to carry by a 0 to_`5 vote. S-7527. Sixth Addition to Bel Aire Addition, final plat. -West of First Avenue.and north of City High School Athletic.Field. Submitted by Iowa City Development Company, Edward Lucas, Attorney. Date filed: 12/1/75. 45 -day,' limitation: 1/15/76. Mr. Morris Dicker, Technical Assistant, stated that the subdivider had requested deferral of any action until the January 15 1975, meeting. A motion was made by Blum, seconded by Cain, _to defer action on S-7527, Sixth 'Addition to Bel Aire Addition, final plat, until the January; 15, 1975, PSZ Commission meeting. The motion carried unanimously, 5-0: 5-7528.'. Village Green, Part 5, final plat. Located south -of Village Road and east of village Green, Part 3. Submitted by Iowa City _Develop- ment Company, Edward Lucas, Attorney. Date ,filed: 12/1/75. 45 -day limitation: 1/15/76. Mr. Dicker stated that all papers were in compliance with the subdivision code. A motion was made by Hines, seconded by Madsen, to recommend to the City. Council approval of S-7528, Village Green, Part 5, final plat, located -south of Village Road and east of Village Green, Part 3. The 'motion carried unanimously, `5-0. Commissioner Blum said a Council member elect had suggested that the `Commission move -to --a-position of high-priority consideration0£the- amendments to the Sign Ordinance. Commissioner Madsen explained -that the Sign Ordinance Committee is meeting ona regular basis for this purpose. Commissioner Blum questioned when the Commission would receive a report on the review of zoning in the following; three areas: 1) C2 zoning;at the MINUTES C/ . IOWA CITY PARK AND RECREATION COMMISSION RECREATION CENTER ROOM 8 DECEMBER 10, 1975 MEMBERS PRESENT: Thomas Cilek June Davis Virginia Hebert Robert Kelley`; Robin Powell Flo Stockman Charles Thayer- MEMBERS ABSENT: Mary Mascher - James Sangster STAFF PRESENT: Bob Howell :Bob Lee Dennis_ Showalter Jean Spector GUESTS: Anne Gleister' ----_ n _ _ Bob Wehrle Antonia Russo Beverly Horton • Juanita Deaton' RECOMMENDATIONS TO THE CITY COUNCIL: 1. That the Park and Recreation Commission recommends approval of two (2) six-week ASERP periods for the second half of this academic with a .year base fee of $3:00 and an additional appropriate fee for those activities which require materials. - SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Park and Recreation Commission met in Regular Session on December 10, 1975, with Chairperson Cilek presiding, * It was moved and seconded that the minutes of the November 12, 1975, meeting be approved as written. Unanimous. Showalter announced that a drop-in Holiday Party would be held for the department staff and the Commission members on December 30 from 6:30-10:00 p.m. He indicated that the ramp at the east entrance of the Recreation Center -was completed, The nextproject'at the Center will be to renovate two men's and two,women's - restrooms so that they are accesible to the handicapped. -- Cary Hightshoe and 14-Iowa State University,students visited.Iowa City and • met with Staff and Bill Schnute, a neighborhood representative, regarding SouthHollywood` Manor; Park,` The class will have plans for the.park':'com- pleted shortly after Christmas no at cost to the City. „ Minutes • Page 2 December 10, 1975 Randall Carney, Director of the Miller Park Zoo in Bloomington ,>Ill inois, was hired as a zoo consultant for fee of $85.00. Mr. `Carney. visited City Park Zoo on November 22 and made recommendations for its improvement. Showalter indicated that, according to Carney's recommendations,"it would cost approximately $250,000 to make the facility barely adequate. Showalter reported that the City Council did not pass regarding purchase of the Soa resolution lnar property. The Council reasoning behind Commission's rewants toknowthe commendation to purchase the property before it makes a decision. He also reported that there is no practical way to have ice skating at Oak Crove Park. There will, however, beskatingareas atCity Park, Mercer Park, and possibly at Longfellow School. Chairperson Cilek reported that he had received budget material regarding; the FY 77 BudgetShowalter commented that Staff was discussing goals and objectives at this time and that they would start discussing dollars in January. He also indicated that one of his goals was to have_mandatnry dedication of park land. - • Regarding the remaining six months of the FY .76 Budget period, Showalter, informed Commission that the department heads have been asked to make Proposals on how their expenses could be ''cut 10-20%. Ile one way this could be done would be to postpuggested'that one capital outlay. Cilek requested a definitionof Commission's role in the budget and Davis expressed process concern that Commission might not have any to 'chance participate in the process. Kelley stated that hed with Davis and must that he agreed -,with e felt participation in the budget process e a'consiavis -on-going. thing. Further discussion was deferred until tileJanua _ ry meeting. Lee stated that the Recreation Staff would welcome any service recommen- dations from Commission with Showalter indicating that Staff wou identify weak and strong areas for the next meetingId try to . Thayer requested that Staff also report Cheoperating costs of the zoo. - Jean Spector reported on ASERP, indicating that the `program had been budgeted for 13 schools but that the Catholic Grade-School.and Horace Mann School did not participate. _ Class size ranged from ,5-15 with a $Si 00 fee: charged in order to participate in one activity for the eight-week session. There were 367 children enrolled withan80% average `attendance for the entire -eight weeks. Spector recommended that two (2) six-week sessions be held in S instead of one eight-week session because of the University_vacating schedule. Spring, 1976, • The two sessions woon uld alsopermitmore 'varied activities She. also stated that she would like to see the fee reduced but not eliminated entirely, with `a distinction made between material fees and instructional. fees. Resolution Approving Final Subdivision Plat for Village Green V RESOLUTION No. 76_5 WHEREAS, the owner and proprietor, Iowa City Development Company, has filed with the City Clerk the plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the center of Section 13, T79N, R6W of the 5th P. M. thence South 33, 0 feet on the West line of the SE- of said Section 13; thence East along the South R. 0. W. line of Muscatine Avenue (American Legion Road) 401.4 feet to an iron rail marking said R. 0. W,; thence N 89° 36' E, 972.0 feet (along said R.O,'W. being established by iron rails); thence Southerwesterly along a curve whose tangent bears S 3° 03'W and is concave Westerly with a radius of 740. 0 feet a distance of 158.6 feet to a point of reverse curvature; thence Southerly along* a curve concave Easterly with a radius of 660. 0 feet a distance of 342.15 feet; thence S 13° 56' E, 22.5 feet; thence S 7° 04'E 60. 0 feet; t hence Southwesterly 213. 47 feet on a 2070. 00 foot radius curve concave Southeasterly with a chord bearing of S,80° 12'02" W and distance of 213.37 feet to the point of beginning; thence S63° 28' 34"E, 172,37 feet; thence S 0° 46' 30" W, 345.00 feet; thence S 49- 161 00'' Wy' 130. 00 feet; thence S 790 24' 30++ W 130. 00 feet; thence N 40 47' 00" W, 515. 00 feet; thence Northeasterly 437. 26 feet on a 2070. 00 foot radius curve concave Southeasterly, having a chord bearing of N_71 1 1' 26" E and a chord length of 436. 44 feet to the Point of beginning. Said tract containing 4.46 acres. WHEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desire of t he proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1975 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by thezoningand planning commission which recommended that said plat and subdivision be accepted and approved. NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be, and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted, I STATE OF IOWA ) ss. COUNTY OF JOHNSON ) On this 5 day ofip-e7uyt,%_1975, before ane, the undersigned, a Notary Public in and -for said County, in said State, personally appeared George Nagle and Richard L. McCreedy, to me personally known,- who, being by me duly sworn, did say that they are the President and Secretary respectively, of said corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said George Nagle and Richard L. McCreedy as such officers acknowled ed the execution of said instrument to be the voluntary act andel aeed of sadorporation, by it and by them voluntarily executed. _ Notaryublic in and for said State and County STATE OF IOWA ) ss. COUNTY OF JOHNSON ) On this �� G.1. day of l 1�ti 1976, before me, the undersigned, a Notary Public in and for said Count y, in said State, p�/ersonal/l�y-appeared ) %�LUhc: r�. and n=:A Vic c�t�J City Cleilk and Mayor respectively of said corporation executing thef-within and r foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said State and County. • WCE(VED JAN aL1976 hnson county' 1 regional planning commission ®=d dePOSSO !owa 52240 (319)351-8556 ro::ert hngerbe,9 ,221/2 south tlubuqu^ street, Iowa cdy, , December 31, 1975 Iowa City Mayor and Members of the City Council Civic Center Iowa City, Iowa 52240 RE: -Appointment of New Representatives to the Regional Planning- Commission Dear Mayor and Members of the Council: According to the adopted Article VI of the Articles of Agreement_ (Attachment), .Iowa City holds nine positions on the Johnson County Regional Planning Commission. As of January 1976, appointments from Iowa City need to be made to fill five representative positions. The Articles ,of Agreement state that a member governmentmust have at least one and--no-more than 75% of its representatives designated an elected official(s) or person(s) directly responsible ;to elected officials. For Iowa City, therefore, no more than six of :its Aine;representatives may be designated elected/responsible' to elected officialPersons pre.:- viously serving as representatives may be reappointed aslongas lected-to-citizen is maintained. the 750 or less formula of e Please forward the five appointed representatives' names, addresses, and designation (citizen/elected or responsible to elected) to the Commission office. Thank you for your assistance._ Sincerely, Barry Hokanson Acting Director ATTACHMENTS: Article VI, ARTICLES OF AGREEMENT Representation Chart 1 „ RESOLUTION NO. 76-4 -- RESOLUTION AUTHORIZING EXECUTION: OF MASTER SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT, THIRD AMENDATORY TO ANNUAL CONTRIBU- .TIONS CONTRACT FOR SECTION 23 LEASING OF PRIVATE ACCOMMODA- TIONS, ANDGENERALDEPOSITARY-AGREEMENT. - WHEREAS, the Council of the City of Iowa:City;Towa, (herein called the + "Local Authority") Proposes (1) to enter into:.a contract (herein Called the "Master Section 8 Annual Contributions Contract") with the United States=of- America,.(herein_ called _the ---"Government"); (2) -. amend annual contributio 'contract #C-765, Project #IA -22-1; and (3) to ns enter into an agreement (herein called the "General Depositary Agreement") with the Hawkeye State .Bank of Iowa City, -Iowa, (which is'amember of. the Federal Deposit .insurance -corporation _ and is herein called the "Bank"); all with respect -to any "Project"i as defined in the Master Section 8 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: ---SecL-ion 1..' The ::Master Section 8-- Annual Contributions Contract in substantially the -form of contract hereto attached and marked "Exhibit A' is hereby approved and accepted both as to form and substance and the -Mayor isherebyauthorized'and directed to execute said Contract in two copies onbehalfof the Local Authority, and the City .Clerk .is hereby authorized anddirected..to impress and -attest -the Official seal of the:LocalAuthority..on eachsuch 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 execuas may be required by the Government. tionthereof Section 2. The Third Amendatory to Annual Contributi 23 Leasing of Private,Accommodations in substantially ons _Contract for Section the form of contract hereto attached and marked "Exhibit B" is ,hereby approved and accepted both as to -form and substance and the Mayor is hereby authorized and directed_to-execute said Contract in two copies on behalf Of the Local Authority, and` -the City Clerk 1s__ . 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 3. A General Depositary Agreement, a copy of which is attached to this.. Resolution as Exhibit C and by this reference -made apart hereof, has bached-to thi and is Presently in effect with the Bank. ed Section 4. Whenever the following terms, or any of them,.: are used in this Resolution, the same, unless .the context shall indicate another or-different_mean- ing 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 the Resolution and which are defined in the Master Section 8. Annual Contributions Contract shall have ` the respective meanings ascribed thereto in the Master Section .8 , Annual Contributions Contract. Section 5. This Resolution shall take effect immediately upon publication. It was moved by that the Resolution Perret as reted and aPr and seconded by ad be ado deosse - --- - adopted, upon roll there we er AYES: NAYS: ABSENT:Ra lmer - - X X - deProsse _ - X Foster - ,X Neultauser _ X Perret X Selzer Vevera Passed .and approved this 6th day of January 197 6 - - ATTESTp_ , i MAYO J; THUD-52520B • ' Pap,e 2 of `-3 Pages 1.4 Annual Contributions: (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the. PHA, the Government shall not be obligated_ to make any Annual Contribution or`,'wkj,other < payment with respect to any Fiscal Year in excess of $ 283.404. per year for all Project Expenditures in respect to the Project;,Provided, however,, that this amount shall be reduced commensurately with any reduction in'the `number of units or 'changes in unit• size under any provision of this ACC. (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHA in respect to the Project in an amount equal to the sum of the following (subject to reduction .by .the amount of;,any<Project Receipts other than Annual Contributions, which Receipts, shall be available for ProjectExpenditures): (1) The amount of housing assistance payments payable during the Fiscal Year (See Section 1.5) by the PHA pursuant to the Contract, as authorized in Section 3.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of administration: (3) The allowance, in the amount approved by the Government, for regular costs of Administration, including costs of Government -required audits' -of Owners and -.the PHA'. (c) (1) A project account will be established and maintained by the Government, as ,a specifically identified and segregated.account, in an amount as determined by the Government consistent with its responsibilities under section 8 (c) (6) of the Act.,Jo the extent funds are available in said account, the Annual Contribution' for any.Fiscal`Year may exceed the maximum amount stated in paragraph (a -):of this'Section by such amount,-. if any, as mayd be required increases reflected in the estimates of required Annual Contribution' applicable to such Fiscal Year: as approved by the: Government in accordance with Section 2.11, below. (2) The Government will take such additional steps authorized by section 8 (c) (6) of the Act as may be necessary to assure availability of funds to cover increases in housing assistance payments on a timely -basis as a'`result.of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on account of each Annual Contribution: upon requisition therefor by the PHA in the form prescribed by the Government: Each requisition shall include certifications by the PHA that housing assistance payments':have been or will be 'made only: (1) In accordance with the provisions of the Contracts. (2) With respect to units which the PHA has inspected or caused to be': inspected,_ pursuant to Section 2.4 of Part II of this'ACC, within one -(1) year prior'to the making of such housing assistance payments. (e) Following the end. of each Fiscal Year, the PRA shall promptly pay to the Government, unless other disposition is approved by the Government, the amount, if any by which the total amount of the periodic payments during the Fiscal Year exceeds -the total -amount of :the Annual Contribution payable for such Fiscal Year in accordance with this -Section.'' 1.5 Fiscal Year. The Fiscal Year for the Project shall be the Fiscal Year establishedbySection 0.3 of this ACC; Provided,however, that the first Fiscal.Year for the Project shall be the period beginning with the effective date of this ACC Part I and ending on the last day of said established Fiscal Year; which is not less than 12 months after such effective date. If the first Fiscal Year, exceeds 12 months, the maximum Annual Contribution in Section 1.4 (a) may be adjusted by the addition of the pro rata amount applicable to the, period of operation.in excess'. of 12 months. 1.6 Periodic Adjustment of Contract Rents. Each Contract may provide for periodic, adjustments in the Contract Rents chargeable by.the 0 -,,Mer and commensurate increases in amounts of housing assistance payments in accordance with applicable Government regulations. MASTER SECTION 8 W.WAL CONTRIBUTIONS CONTRACT' ATTACHMENT A ACC Contract Number Date ACC List Number Date Project Type KC -9033 KC -76-048 Existing. HUD4182o d .Page 1'of 10. Pages • U. S. DEPARTMENT OF HOUSING AND URBAN DEVELORAENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM Terms and Conditions Constituting Part II of an Annual Contributions Contract Between PHA and the United States of America 2 NEW CONSTRUCTION,.SUBSTANTIAL REHABILITATION, EXISTING HOUSING Master Section 8 ACC Number- RC -9033 2.1 DEFINITIONS (a) "Families" means Lower -Income Families (including "Very Low -Income Families") and includes Families consisting of a single, person in the case of'Elderly'-Families and Displaced Families-' and includes the remaining member of,a =tenant family. (b) "Elderly Families" means Families whose heads (or their spouses),"or whose sole members are persons who are at least 62 years of age or are under a -disability as defined in section 223 of the Social -Security Act or in'section'102 (5):of the Developmental Disabilities Services and Facilities Construction Amendments'of 1470,. or are handicapped. The term Elderly Families includes two or more elderly, disabled,; or handicapped_individuals=living together or one or more _such`individuals living together with another person who is determined under regulations of the Secretary of Housing and Urban Development ("Secretary") to be a person essential to their care or well being. (c) "Displaced Families" means Families displaced by governmental action, or Families. whose dwellings have been extensively damaged or destroyed as a result of a disaster declared or otherwise formally-recognized'pursuant to Federal disaster relief lairs. (d) "Lower -Income Families" means Families whose Incomes do not exceed -.80 per, cent of the median Income for the area as determined `by the` Secretary' with adjustments for smaller and larger families, except that the Secretary may establish Income - limits high or lower than 80 percent of the median. for the area on:the basis of his ' findings that such variations are necessary because of prevailing levels of , construction costs, unusually high or low family Incomes, or, other factors., (e) "Very Low -Income Families" means Families whose Incomes do not exceed 50 percent of r: the median Income for -the area, as determined by the Secretary with adjustments for smaller and larger families. (f) "Income" means income for all sources of each member of the household, as determined in accordance with criteria prescribed by. the Secretary. ` (g) "Owner" means the person or entity, including a cooperative, with which the Agreement and Contract are entered into. (h) "Rent" or "rental" mean, with respect to members of.a cooperative, the charges under the occupancy agreements between such members and the cooperative. (i) "Project Receipts" with respect to each Project means the Annual Contributions - payable hereunder and all other receipts under this ACC, i£;,any,_aceruing_- _to the.. PHA from, :out of, or in connection with such Project. (j) "Project Expenditures" withrespectto each -Project 'means all costs allowable underSection1.4 (b), Part I of this -ACC;: - with respect to: such project. - (k) "Substantial Default" means the occurrence of any of the events listed in Section 2.'16.- 2.2. LOWER-INCO14 HOUSING USE; COMPLIANCE WITH ACT AND REGULATIONS. The PHA shall use the Annual Contribution -solely for the.purpose=of providing Decent, Safe, and Sanitary dwellings for Families -incompliance'5with all a applicable _ pp :provisions of the'Act"and all -regulations issued pursuant thereto. HUD-52520 • • Page 2 of 10 Pages 2.3. ELIGIBILITY AND AMOUNT OF HOUSING ASSISTANCE PAYMENTS. (a) The PHA shall comply with the Income limits established by the Government, and - with `the `requirements of the Governmentpursuant to section 8 (c) (7) of the Act that at least 30 percent of the Families assisted in all its Projects under its Master Section 8 ACC shall be Very Low-Income Families. (b) The PHAshallcomply or assure compliance with the schedules and criteria estab- lished by the Government with respect to the amounts of housing assistance payments made on behalf of Families. (c) The PHA shall make or cause to be made periodic re-examinations of the Income, com- position, and extent of exceptional' medical or other unusual expenses of Families for whom housing assistance payments are being made for the purpose of confirming or adjusting-in accordance with the applicable:schedules`established-by the:''Govern-- ment,;the amount: of went payable by the Family and the amount of housing assistance payment. (d) The PHA 'shall determine, as part of its annual inspection and at such other times as it deems appropriate, whether an adjustment is required in the-Allowance for Utilities and Other Services applicable to the dwelling unit on grounds of.changes -_ _-of-general applicability. If the PHA determines that an..adjustment should be made,_; the PHA shall prescribe the amount of the, adjustment and notify the Owner accordingly, and the PHA shall cause the Owner to make a corresponding adjustment in the amount of rent to be paid by the affected Family and the amount of housing assistance payment. - (e) Prior to the approval of eligibility of a Family by the PHA or the Owner, as, the case may be, and thereafter on the date established for each reexamination-of-the status of such Family,; the PHA or the Owner, as the ':case maybe, shall review or cause tobereviewed a written application, signed by a responsible+member `of such Family, which application shall set forth all data and information necessary for a determination of the amount, if any,.of•housing;assistance`payment `which can be made with respect to the Family. 2.4." INSPECTIONS. (a) The PHA shall require as a condition for the making of housing assistance-payments, that the Owner maintain the assisted dwelling units and related facilities in Decent, Safe, and Sanitary condition. (b) The PHA shall inspect or cause to be inspected dwelling units and related facilities prior to commencement of occupancy by Families, andthereafter at,'least.annually, ade uate.to assure that Decent Safe and Sanitary housing q , ry ng accomodations are being provided and that the agreed-to.services are being furnished: 2.5. NONDISCRIMINATION IN HOUSING. (a) The PHA shall comply vdth all requirements imposed by Title VI of the Civil,Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department of Housirg`and Urban Development issued thereunder,24 CFR,`-Subtitle A.-Part-1,-.- Section ,'Part 1,Section 1.1. et seq.;'the requirements of said Department pursuant ;to sai&..regulatiom and Executive Order 11063, to the end that) in accordance with that Act and;the regulations and requirements' of said Department, thereunder,_; and said Executive Order, no person.in the United States shall, on the ground of- race,`;color,."creed, religion, or national 'origin, `be excluded from participation in,-or.be denied the benefits of, the Housing Assistance Payments Program-:or be otherwise subjected to discrimination. The PHA shall, by; contractual requirement, covenant,,or,other, binding' commitment- assure the same compliance on the part of any_ subgrantee, contractor, subcontractor, transferee, successor'in interest, or,`other:partici- pant in the program or activity, such commitment to include the following clause: "This provision is included pursuant to the regulations of the'Department of Housing and Urban Development, 24 CFR,.Subtitle A,, Part 1, Section 1:1 et seq.;-issued under Title VI of the said Civil Rights Act of'1964,,and-the requirements of said Department pursuant to ,said regulations; and the; ob- ligation of the (contractor or other) to comply therewith inures to the .iiUD-5220 � • - Page 3 o 10 Pages • benefit of the United States, the said Department, and the PHA,. any of which shall be entitled to invoke any remedies available by law to redress:'any., breach thereof or to compel compliance therewith by the (contractor a other).° (b) The PHA shall incorporate or cause to be incorporated into all Housing. Assistance Payments Contracts a provision requiring compliance with all requirements imposed by Title VIII of the Civil Rights -Act -of 1968, and any rules and regulations issued Pursuant thereto. (c) The PHA shall not, on account of creed or sex, discriminate in the sale, leasing, rental, or other disposition of housing or related' facilities (including -..land) included in any Project or in the use or occupancy, thereof , nor,deny to airy Family the opportunity to apply for such housing; nor deny ao az�y eligideny.. licant the opportunity to lease or rent any dwelling in any such housing suitable to -its needs. No person shall automatically be excluded from participation in or be denied ` the benefits of the Housing Assistance Payments Program because of ,'membership in-_- - a class such as unmarried mothers, recipients of public assistance, etc. 2.6. EQUAL E2A'LOyW_NT OPPORTUNITY. (a) The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. The PHA shall take affirmative action to ensure that applicants are employed,'and that employees are treated during employment, without regard to'race, color, creed, religion, sex, or national origin. -Such action shall include, but_ -not be'limited: to the following: 'employment, upgrading, demotion,.,or_transfer; ;recruitment or recruitment advertising; layoff or'termination; rates of pay or 'other forms of compensation; and selection for training,, including, apprenticeship'. (b)'(1) The PHA shall incorporate or cause to be incorporated into ashy contract For construction work, or modification thereof, as defined in the regulations'-of.the Secretary of Labor at'41,CFR, Chapter 60, which is to be,performed-pursuant to this contract, the following.Equal Opportunity clause: "EQUAL EMPLOYMENT OPPORTUNITY During the performance of ,this contract, the contractor agrees as` -follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color,_ religion, creed,,,sex, or national origin. The contractor will take affirmative` action to_ensure lthat ,applicants are employed,'and-that employees are treated' during .employment,'without regard to their race, color,_ religion, creed,_ -sex, or national°origin.- Such action shall include, but notbe limited to, the following: employment;',upgrading,V demotion, or transfer; recruitment or recruitment advertising; *layoff or ter- minationj rates of pay or other forms of -compensation and selection for training, including apprenticeship. The contractor agrees to post in con- spicuous places, available to employees and -applicants for employment, ' notices to be provided by -the PHA setting forth the provisions of this -Equal Opportunity clause: (B) The contractor will in all solicitations or, advertisements for employees placed by ,or on behalf of, the contractor, statethata11--qualified'.applicants will receive consideration for employment without regard. to race, color, religion, creed, sex,;or national origin. (C) The contractor will send to each labor union or representative of wrorkers with which he has a.collective.bargaining ;agreement or,'other-contractior understanding, a'notice to be provided by the PHA advising the.said_labor union or workers' representative the contractor's commitments'undeIr this Section, and shall post copies of the 'notice inconspicuous places available to employees and applicants for employment. (D):The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and 'relevant orders of the Secretary of Labor. I y " HUD -52520C Page 4 of 10 Pages (E) The contractor will furnish all information and reports required.by Executive Order No. 11246of September 24, 1965, and by rules,'regulations, and orders of the Secretary ,of Labor; or pureuantrthereto,.and will permit access to his books, records, -_and accounts by the Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such. rules, regulations, and orders. (F) In,the event of the contractor's noncompliance with the Equal Opportunity clause of this contractor --with any of .the said rules regulations, or orders, ? this contract may be cancelled, terminated, or.suspended inwhole or -in part'; and the contractor may be declared ineligible for further contracts=in accordant with procedures- authorized in Executive Order _No. 11246 of September `24,`1965 and such: other sanctions may be imposed and remedies invoked as provided in - Executive Order No. 11246 of September -24, 1965, or by rule, regulation, or :- order of the Secretary of Labor or as otherwise provided by law. (G) The contractor will include the portion of the sentence immediately. preceding Paragraph (A) and the provisions of Paragraphs (A).through (G) in every subcontract or purchase order unless exempted by ;the rules.,`regula- tions, or egula-tions,-or orders of the Secretary, of Labor issued pursuanttosection 204 of. Executive Order No. 11246 of September 24,`1965, so;that such provisions - - will be binding upon each: subcontractor or vendor. The contractor will take suclL action with -respect to -any subcontractor or'_purchase -order as :the , Government may direct as a means of enforcing <. such:provisions-including sanctions for noncompliance;, Provided,'.hovrever, that -in the:event a contractor becomes involved in, or is threatened with, -litigation with a subcontractor. or vendor as a result of such direction by the Government,_ the contractor may request the United States to enter'.into such litigation to protect the interests of the United States." (2) The PHA agrees that it will assist and cooperate actively with the Government and the Secretary of Labor in obtaining the compliance of -contractors and sub- contractors.with"-the Equal:, Opportunity clause and the rules,:regulationsand 2elevant'orders 'of the Secretary of Labor,'!that it will furnish -the Government and-the°Secretary,of Labor, such -information as they may require for the- - supervision of such compliance, and that it will otherwise assist the Government in the discharge of the Government's primary responsibility -for, securing com- pliance. (3) The PHA further agrees that it will refrain from entering into arty contract- or contract modification subject to Executive`0rder No. -11246 of: September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for,,, Governmentcontracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for :violation' of the Equal Opportunity clause as may be imposed upon contractors and sub= contractors `by`the Government of the Secretary ;of Labor pursuant to Part'II, Subpart D- of the Executive Order. 2.7. TRAINING, EMPLMENT,`AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOwER'INCOME PERSONS. (a) The project assisted under this ACC is subject to the requirements of section '3. of the Housing and Urban Development Act -of 1968, -as --amended, 12 U.S.C.,_1701u,:[; Section 3`requires that to the greatest extent feasible` opportunities for.,training and employment be given lower income residents of the Project area and contracts for work in connection with the Project be awarded to business concerns which are located in or owned in substantial part ,by persons residing in the area of she Projects I (b) Notwithstanding any other provision of this ACC, the PHA shall carry out. -the provisions of said section -3 and the regulations issued pursuant thereto by thee Secretary set forth in 24 CFR, Part 135 (published in'38.Federal Register 29220, October 23, 1973., and all applicable rules "and orders of thre e Sectary.'issued', thereunder prior to the execution of this `ACC.- The requirements of'.said regul-ations include but are not, limited to development and implementation ofanaffirmative , action plan for utilizing business concerns located within or owned in sub- stantial part by, persons residing in the area, -of the Projeat;'the making o£ a good faith effort, as defined 'by the regulations, tor -provide training;: employment,; and business opportunities required by section 3; and incorporation of the."section __ HA6-52520 C • Page 5 of 1Q Pages 3 clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the Project.- The PHA 'certifies and agrees that it is under no contractual or other disability which would"prevent it from com- plying ;with these requirements. (c) Compliance with the provisions of section 3, the regulations'set forth in 24. CFR, Part 135, and all applicable rules and orders of the 'Secretary issued there- under ;prior .to approval by the Government of the application for this ACC-shall.be a condition of the Federal financial` assistance provided totheProject, binding.? upon the PHA, its successors and assigns._ Failure tolfulfill 'these requirements < shall :subject the PHA, its contractors and subcontractors, its successors, and,:'._, assigns to the sanction specified by this•ACC?and to such sanctions as are specified by 24 CFR, -Section 135.135: (d) The PHA shall incorporate or cause to be incorporated into any contract pursuant to_ this contract such clause or clauses as are required by the Government•for com- pliance with its regulations issued pursuant to theHousingand Urban Development 'Act, as amended. 'The PHA shall cooperate with the Government'in the 'conducting of compliance reviews pursuant to said Acts and Regulations. 2.8. COOPERATION IN EQUAL OPPORTUNITY COMPLIANCE REVIEWS. The PHA shall;cooperate.with the Government in the conducting of compliance reviews and complaint investigations pursuant to'spplicable civil rights' statutes, Executive Orders, -and rules and regulations, pursuant thereto. 2.9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. The PHA' shall, incorporate or cause to be incorporated; into any contract for 7. construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by.the Environmental Protection Agency pursuant to the Clean Air Act, as amended; the Federal Yater Pollution Control Act, as amended, and Executive` Order 11738. :The PHA,sha11' _cooperate with :the Government in the conducting of compliance reviews pursuant,. - to said Acts and Regulations. 2.10. LABOR STANDARDS. The PHA shall incorporate or cause to be incorporated' into any contrabt for construction or substantial rehabilitation of; nine or more dwelling units, such clauses as are required by; the Government forscompliance with its regulations issued pursuant to. the Copeland Act, the Davis -Bacon Act, and,the,Contract Work Hours and. Safety, Standrds Act. The PHA shall cooperate with the Government in the Conducting of compliance reviews -pursuant 'to said Acts and Regulations. 2,11. ESTIMATES OF REQUIRED ANNUAL CONTRIBUTION. The PHA shall from time to time submit to the Government estimates of required annual'eontribtition at such times and in such form as the Governmentmayrequire, All estimates and any revisions thereof submitted -under this Rection shall,-,. be subject to Government approval. 2.12. INSURANCE AND FIDELITY BOND COVERAGE. " For purposes of protection against hazards arising out of or in connection.with.the `administrative ;activities -of-the PHAincarrying out the Project, the PHA shall, 'carry ;adequate `(a) comprehensive general liability insurance, (b)._workmen!s;'com- pensation coverage (statutory or voluntary), ,(c) automobile liability insurance against property damage and bodily injury (owned and non -owned), and (d) fidelity, bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers. 2.13. BOOKS OF ACCOUNT AND RECORDS; REPORTS. (a) The PHA shall maintain complete and accurate books of account and records, as may be prescribed from time to time by the Government, in connection with the Projects, including records which permit ''a speedy and effective audit, and will` HUD -52520'C • .Y ; Page 6 of .0 PagesJll • among other things fully disclose the amount and the dis Of the Annual Contributions position by the PHA and other Project Receipts, if;arlY, (b) The books of account and. records of the PHA shall be maintained for each Project as separate and distinct from :all other Projects and undertakings , of the PHA except as authorized or approved by the Government': (c) The PHA shall furnish the Government such financial, operating, and statistical reports, records, statements, and documents,: at such timesyin form,yand accompanied by such supporting data, all as may reasonably berequiredfrom timetotime by the Government. (d) The Government and the Comptroller General of the United States, or his duly authorized representatives,shall have full and freeaccess to the`Projects and to all the books, documents, papers, and records of the PHA to Proj e pertinent to its operations with respect to financial assistance under .the Act, including the right to audit, and to make excerpts and transcripts from such books and records (e) The PHA shall incorporate or --,cause to be incorporated in all Contracts the following clauses: "PHA AND GOVERNMENT ACCESS TO PREMISES AND OWNER'S RECORDS. "Cl) The Owner shall furnishsuchinformation and reports pertinent to the Contract as reasonably may be required from:time to time by.the PHA, and the Government. 11C2) The Owner shall permit the PHA or the Government or any of their duly authorized representatives, to have access to the premise the purpose of audit and examis,: and, for,,.: nation, to have -access to any books, documents, papers, and, records of the .Owner that are pertinent' to compliance with this Contract; including the verification -of information pertinent to the monthly requests,: to the PHA for housing (f) The PHA sassistance payments." hall be responsible for engaging and paying the auditor for the making of audits as`required _by the Government, but the PHA shall be -'com- pensated under this ACC for the cost of such audits. 2.14._ GENERAL'DEPOSITARY AGREEMENT. (a) The PHA shall maintain one or more agreements, which are herein collectively called the "General Depositary Agreement,l' in the form prescribed by the" Government, with one or more banks (each'of.which shall`be and continue to be a member of the Federal Deposit Insurance Corporation)., .and ected as depositary' by the'PHA. Immediately upon the execution o£ any General Depositary;Ag the PHAreement, opies,`shall furnish to the Governmentsuch executed or conformed c thereof as the Government may require. No such General Depositary.Agreement shall be terminated except after 30 days notice to the Government. (b) The PHA shall except as otherwise provided in this ACC, deposit promptly.with such bank or banks, under the terms of the General Depositary Agreement, -all monies constituting the General Fund received pursuant; to this ACC. (c) (1) The BHA may withdraw monies pursuant to the General Depositary Agreement only for (1) payments Pursuant.to'the Housing Assistance -Payments Contract , and C2) other purposes specifically approved by the. Government .No withdrawals shall be made except.in accordance with a voucher or vouchers -then on file in the office of the PHA stating in proper detail the purpose-for which su withdrawal is made. ch (.2) If the Government makes a determination, after notice to the PHA giving it a reasonable_ opportunity to take corrective action, that'the`PHA is: in _Substantial Default or if the Government determines that the PHA has _made a fraudulent or willful misrepresentation of any material fact inany of the D...,. -HUD-52520 C Page 7 o£"10 Pages" documents or data _submitted to the Government pursuant to this ACC or in, any "document or data submitted`to the Government as 'a basis-for'ahis ACC or:,as an inducement to the Government to enter into this ACC, the Government shall have the right to (1) give notice of such determination to any,. bank or other':de- osita e p ry which holds any pursuant to the, and (2) require such bank or other depositary, on the basis of such notice, .to ; refuse to permit any withdrawals of such monies;Provided,'however, that -upon the curing of. such Default the Government shall promptly rescind such notice and requirement. - 2.15. 1POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND:REVOLVING FUND.. (s) The PHA m de under the terms of the General Depositary may deposit p p ry Agreemeni; monies - received or held by the PHA in connection with any other ACC or any administration contract or lease between the PHA and the Government. (b) The PHA may also deposit under the terms of the General':Depositary Agreement amounts necessary for current expenditures` of any other project or enterprise o£ the PHA, including any project or enterprise in which the Government has.no financial ;interest; -Provided, however,:that such deposits shall%be lump=sum trans-.-: fers from the 'depositaries 'of such other projects or -enterprises, -,and. -shall in no event be deposits of the direct revenues or receipts ofrsuch other projects or enterprises. (c) If the PHA operates other projects or enterp_ises'in which the Government has no financialinterest, it may,_:fromltime to -time, -withdraw, such amounts as the Government may approve from monies.on deposit under the, General Depositary Agreement for deposit: in and disbursement from a revolving` -fund provided for the payment of.items chargeable in part to the Projects and'in part to other projects or enterprises of the -.PRA; Provided, however,_that all' - deposits in such revolving fund shall be lump -sum transfers from the depositaries :_ of the related projects or enterprises and 'shall in no event be deposits -of ' the direct revenues or receipts. (d) The PHA may establish petty cash or change funds in reasonable amounts,' from monies on deposit under the General -Depositary Agreement. (e) In no event shall the PHA withdraw from any of the funds _pr accounts authorized - under -this Section 2.15 amounts for the _Projects -or for -arty -other project or enterprise in excess of the amount then on deposit in respect' thereto. - 2.16. DEFAULTS BY PHA AND/OR OWNER. (a) Ri hts'of Owner if PHA Defaults Under Agreement or Contract. (The provisions, of th s paragraph a shall not apply -to,any Existing.. Housing ProjectC)r (1) In the•event of failure of the PHA to, comply with the Agreement with ` the Owner, or:if-such _Agreement is held to be:void,-voidable or ultra vires, or if the power or right of the PHA to enter into such Agreement is_ drawn into ";question in any legal proceeding,`' or if, the PHA:asserts:or - claims that such Agreement is not binding upon the PHA for ;arty such,_. reason,: the Government may, after notice to the PHA`giving'it areasonable` - opportunity to take corrective action, -determine that the occurren-ce.of any such. event constitutes I a Substantial Default hereunder. Where,ahe Government so determines, it may assume the'-PHA's sights and obligations under such Agreement and carry out the obligations of the PHA under the Agreement, including the obligation to enter -into the Contract. (2) In the event of failure of the PHA to;comply ,with the Contract with the Owner,;. or if such Contract is held to be void, voidable or ultra vires,''or.if the power or right of the PHA to: enter into such Contract`is drawn d.nto ques- tion in any legal proceeding, or if the -PHA -asserts orclaims that such Contract is not binding upon the PRA -for any 'such"reason, the --Government may after notice to the PHA giving it a_ -reasonable opportunity'to take.correctiv_e action, determine that the occurrence of such event constitutes:a Sub- stantial -Default hereunder.. Where the Government so determines, it -`shall lUse of this Section 2.15 Ys optional. - HUD -52520 C • Page 8 of 10 Pages have the right to assume the PHA's rights and obligations under such Contract, perform the obligations and enforce the rights of the PHA,.and exercise such other powers as the Government may have to cure the Default; however whether.or-not the Government elects to proceed inthismanner, the Government shall, if it determines that the Owner is not in default,-. continue for thedurationof;such'Contract to pay -Annual Contributions for the purpose of making housing assistance pgyments with '_respect 'to: . dwelling units under such Contract. (3) All rights and obligations of the PHA assumed by the. Government pursuant to this.', Section 2.16 (a) will be returned as, constituted at the time of such-, return (i) when the Government-is*satisfied that all have been -defaults cured and that the Project will thereafter be administered in:accor- ,dance with allapplicablerequirements, or (ii) when -the Housing Assistance Payments Contract is at an end, -whichever occurs sooner. (4) The provisions of this Section 2.16 (a) are made with, and for the benefit of, the Owner, the PHA (where it isthelender and then only,in its..- ts .capacity capacityas lender), or_the Owner's other assignees, -if -any, who -will have been specifically_ approved by the Government prior to such assignment. If such parties are not in default, they may,`in order to' enforce the per- formance of these provisions, (i) demand that the Government,` after notice to the PHA giving it a reasonable opportunity .to takes corrective action, make a determination whether -a Substantial Default exists under paragraph (a) (1) or (a) (2) -of this Section, ;(ii) -if -the Government' -determines that a Substantial Default exists, demand that the Government' take' the action' authorized in paragraph (a)'(1) or (a);(2) and'(iii),proceed as - against the Government by suit at law or in equity. (5) The provisions of paragraphs (a) (1), (3), and (4) of this Section shall be included in the Agreement and the provisions of ;paragraphs (a),(2), (3), and C4) of this Section shall be.included `in the 'Contract. (b) Rights of Government if PHA Defaults'Under ACC; Agreement,' or'Contract. (1`) If the PHA defaults in the observance or performance of the provisions of Section 2.4; fails to.comply with its''obligations`under any.,duly issued Certificate of Family, Participation in accordance'wi'th its terms; fails - to comply with the requirements of Sections 2.5, 2.6, 2.7, or 2.8;. , defaults -in'the performance or observance of -any other term,_ covenant, or ; condition of this ACC or of any 'term, ycovenant, or condition `of any, : Contract or Agreement;` fails, in the event of any default by'the Cwner, to - 'enforce its rights under the Agreement or Contract by way!of action to achieve compliance to the satisfaction -of -the Government or to terminate the; Agreement or Contract in whole or in part, as directed by. -the -Government, or -fails to comply with the applicable provisionsof.the Act and the regulations issued pursuant thereto; the Government may, -after notice to the PHAging i . g it a reasonable opportunity to take corrective -`determine -action, that the occurrence of any, such,event._constitutes a?Substantial Default hereunder as to the Project. -Upon the occurrence of -a Substantial - Default with respect to any Project, the PHA shall, if the Government'so - requires, assign to the Government all :of its rights;,and'interests°under the Agreement or Contract, including any.funds, and the Government shall -- continue to pay ,'Annual :Contributions with, respect to dwelling- units-.covered.by ;: Housing Assistance Payments Contracts,in accordance -with Ahe terms of this -ACC and of such Contracts until reassigned -to the :PHA: (2) All rights and obligations of the PHA assumed by the Government pursuant to - this Section 2.16 (b)'will 'be returned as;constituted-,at the time of such return (i) when the Government is satisfied that all defaults have been - cured and that the Project will thereafter be' administered in accordance with all applicable requirements, or (ii) when the Housing.`Assistanoe Payments Contract is at an end, whichever occurs sooner., (c) Rights of PHA and Government if Owner Defaults Under Contract. (New Construction and Substantial Rehabilitation Projects.) j HUD} 52520+ C • • Page 9 of _lQ Pages For, New Construction and Substantial Rehabilitation projects, the Contract shall contain the following provisions: "a. A default by the Owner under-this'Contract-shall: result if: 11(1) The Owner has violated or failed to comply with any provision of,' or obligation under, this Contract or of any Lease; or 11(2) The Owner has 'asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under lany Lease. "b. Upon a: determination by the PHA that'a default has occurred, the=PHA shall: notifythe Owner, with a copy, to the Government, of Cl) the nature. of, the default, (2) the actions required to be taken and the remedies:-to be applied on account of the 'default (including actions by the.Ovmer to cure the default and, where appropriate, abatement of housing assistance payments in whole or in part and recovery.of overpayments'), and-(3.),t he time within which the Owner shall respond with'a showing that he has taken all the actions required of him. If the 0emer fails to respond or take action to the satisfaction of the -PITA and the Government,. the PHA shall have the right to terminate this Contract in whole or in part or totake 'other corrective action to achieve compliance, in itsdiscretion or-,a46 directed by the Government. "c. (The provisions of this paragraph e shall apply only if the PFA is the, - Lender.) ;Notvrithstanding any other provisions of this -Contract,`in the event the Government determines that the:Owner'is in default of his ob- ligations under the Contract, the -Government shall have the right, after notice to the Owner and the -PITA :giving %them a reasonable opportunity to -take corrective. action, to abate or-.terminate housing assistance-;-payments - and recover overpayments in'accordance with the terms of-the Contract. In the event the, Government.takes'any:action under:this Section, the Owner and ,the PHA' hereby' expressly' agree to recognize"the-rights_; of the ,,Government ,- to the same extent`as if the action were taken by the PHA. The Government shall not have the right to terminate the Contract, except'' by proceeding in accordance with Section 2.16 (b).of the ACC and-paragraph b of this Section. (d) Rights of PHA if- Owner 'Defaults Under Contract'(Existing Housing Projects). For Existing Housing Projects, the Contract shall contain the: following provisions: "a. A default by the Owner-under this Contract shall result if: ` "(,) The Owner has violated or failed to comply with any provision of, or obligation under, this Contract or, of any. Lease; or. 11(2) The-Owner has asserted or demonstrated an intention not to perform: some or all of his obligations udder this Contractor under;any:Lease. "b. Upon'a determination by the PHA that a default has: occurred, the PHA shall notify the Owner, with a'copy to=the Government, of (1) the nature of,the default, (2) the actions required to be taken and the: remedies'to'be applied on account of the default (including actions by ,the Owner to cure the default, and, where appropriate, abatement of housing' assistance -- payments in whole or in part and recovery. of overpayments), and-(3)-the time within which the Owner shall respond with a showing; that he has taken all the actions required of him. If the Owner fails to respond or, take action to the satisfaction of the PHA and the Government,,. the PHA shall have the right to terminate this Contract in whole or in part or take other corrective action to achieve compliance, in its'discretion:or as directed by the Government. 2.17. REMEDIES NOT EXCLUSIVE AND NON-VIAIVER OF REM-DIES. The availability of any remedy provided for in this ACC; or in the Contract shall not preclude the exercise of any other remedy under this ACC or the'Contract'or; under any provisions of law, nor shall any action taken in the exercise of any a • Wroject. No.",IA 22-1 ontract No.'C-7G5 U. S. DEPARTMENT OF HOUSING AND :URBAN -DEVELOP, iE:•-. LOW -RENT HOUSING TNIRd1MENDATORY TO ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 23 LEASING OF PRIVATE ACCOM.NIODATIO S ' THIS .THIRDAMENDATORY Annual Contributions Contract, made and `ente,C day of 1975, by and,between the UNITED STATES OF,At•IERICA ' herein called the "Government" , pursuant to the United States Housing Act: of 1937,;(42 U.S.C*.1401,'et sem., which Act as amended is herein called the "Act". and the Department -of Housing and Urban Development Act (5 U.S.C. 624) as amended, and the LO,J-P.�i1T';(OJSIiIG -,AGENCY OF THE -CITY OF I01VA CITY, IOWA(hereincalled the "Local Authority")`,14ITNESSETH: .11HEREAS, the parties hereto entered that.certain'Annual Contributions Contract -ilo:C-765 dated June 30, 1969(Which, as amended, is herein referred to as the "Existing:- Contract"); and WHEREAS the parties desire to further amend the: Existing Contract. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the - ,parties do: agree as follows: " 1. Delete from the Existing Contract Sec. 1.(B) and (D)`in entirety and substitute f: -in lieuthereof:-the-following: Sec. 1. Project, Maximum Limitations,' Approvals, Fiscal Year (B) The Government shall make annual contributions available to the Local Authority in respect to the Project based on the following: Estimated Num- Size of Estimated Total Basic Annual. Contri- ber'of Dwell- Dwelling Development Cost bution,per Dwelling ing Units Unit Per Dwelling Unit Unit 6 Efficiency_ $15,114 $ :938 74 "1 'Bedroom 18.,216 ''11131 58. 2 Bedroom 22,506 2,028 _ 18 1 Bedroom 26,,730 4 4 Bedroom 32,208 2,556 The Estimated Total Development Cost of Project is $3,353,998: The Flexible' Formula Annual Contributions Percentage shall be6206o per annum. The Maximum Annual Contribution Percentage shall be 7.501% per annum:- - The Maximum Basic Annual Contribution for the Project shall be $208,207 Provided that the total estimated number of dwelling units of all sizes is not exceeded, the Local Authority may lease any combination of.the various sizes o, di:elling units but shall not lease more than 125.' of-t`e estimated -number of..dwell ing Units: 'of any specified size without the prior ,approval _of the. Government. NotwithstandJng'the number and sizes of dwelling units leased by the Local Authority- the Government shall "not be oblicated_,to imake Bask Annual Contributions in res;.ec6 to the Project for -any period in excess of the emount_of Basic.Annual Contributicns'herein 'provided. (D) The President of the United States, or the Secretary of. -Housing ;and Urban Development pursuant to delegation of authcrity, has apporoved them. of this Contract and the undertaking by the Government cf the annual contribu_ tions as herein provided, on HAA List Hos. `HAA. 7190,. KCr71-029, and KC -76-047. 2. Add to Part One of the Existing Contract -the following new provisions: '. Sec. 11. (A) Clean Air Act and Federal I -later Pollution Control Act The Local'Authority shall incorporate or cause to be incorporated into any contract for construction.or substantial rehabilitation, such clause or clauses as are required by the -Government :for. com- - pliance with'the regulations -issued -by the Environmental Pro.tec- tion Agency pursuant to the Clean Air Act, as"amended, the Federal+. - ---- Water Pollution Control Act,, as amended, and' -Executive Order• 11738. The Local Authority.shall"cooperate with the Government in the conducting of compliance reviews pursuant -to -said Acts and Regulations. (8) Flood Disaster Protection Act The Local Authority shall incorporate: or cause to be -incorporated into any contract for new construction or substantial rehabilitation the following clause (and the LocalAuthority shall itself comply with such clause when -it is'the owner): "If the Project is located in an area that has been identified ;.by the Secretary of Housing and'Urban+Development as an: area having special 'flood hazards and =if the sale of:flood`insur- ance has been made available under the National.Flood=Insur ance Act of 1968; the -Owner __agrees that the Project will be covered, during its anticipated economic or usefullife, by flood insurance in an amount at least equal to its develop- - mentla or project cost (less estimated nd cost)'or to,tthe maximum limit of coverage made available: with respect ao the particular type of; property under the NationalrFlood Insurance Act -of 1968, whichever is less.,- Sec. ess."Sec. 12. Local Authority.Contracts with Third Parties and Subcontracts (A) Clean Air Act and Federal Water -Pollution Control Act 1. The provisions of subparagraph (2) Of this; Section shall not be applicable if the amount of the contract is $100 000.00'or less. 2. In compliance with regulations issued by the Environmental Pro tection Agency (EPA), 40'CFR, Part 15, 39`F.R.'11099, pursuant to the Clean Air Act, as -amended (Air Act), 42 U:S.C.--1857 et'seq., the Federal Water Pollution -Control Act, as amended . (Water Act), 33 U.S.C. 1251 et seq., Executive Order 11738, the Contractor agrees that:> any facility to be utilized.in the•performance of this contract or any subcontract shall not be 'a facility, listed -on the EPA List of Violating -Facilities pursuant to Section 15.20 of said regulations; he will promptly notify the LHA of the receipt of anv communicationfromthe EPA indicating that :a facility to be utilized for the contract is under'conside - tion to - be listed on ,the EPA List of Violating Facilities; (iii) ',he will comply with' all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring,' entry,.reports,;and informa- ' tion,'as well as all other requirements specified.in •Section•114 and Section 308 of the Air Act and the -'dater - - Act, respectively, and all -regulations and guidelines issued thereunder;: and (iv) he will include or cause to be. included the. provisions of paragraph (2)(i) through (iv) of this =Section:l2 in . every nonexempt subcontract, and that he will take such action is the Government nt maY ' d't i enforcing such provisions. ect as a means of, � I 779 }•:yrtle n3 29 Iowa City City Council , IA 5221,0 Civic Center lo,:a City; I7 52240 Dear PCoPle: I noted that police chief iviiller has "" more inert spend less of its time dealiproposed tha ng ,ith sextcrimes an; more time Patrolling residentaal _areas, ..alk I 'uhrnit that as long as it is_unsafe for }� street!, at ni€x}it in Iowa 'Cit snendng less tim a,u•o;nan to in sex crime e 1, the department is It would seem ;;1• nforcement th^ is at vandalism; -though a n is necessary, less serious a thrcat_to the raps, .-• Persistent<.problem citizens' Yrell- being than Incidithe dto e Prc•ention; the p increasing the time spent on rape artment- l z'- continually should increasd its_traff• rr}ule crossing, forced to Yield the right of rya is v•ork. continuall g 2dison Street at Jefferson on f Y tO ca_s a `�e a lally mu.,t Yield the ' right of way to oot. I halasane bicyclists at Clinton and Iowa when 2 am driven m• Pedestrians and afsed by my have- green signal. T am continually har .. drivers nerir m` g , L --ices, squeal" tires, and reckless 3 <<partrnent at i•lyrtle and Riverside.'' Traffic Offenses ; this cite, as next-iml)ossible tc re o i Center to see an overworked s,an appearance p rt n to the courthouse. em s stant city attorney Civic partici =h; system seems`to Y and then patiun. discourage: citizen ' regar-1 bore these thot; I;s will influence your decisions ding° h1mprolcevemCdepartment of this city, decisions ere is ro�.r :sincerely, Don Doumakes DEC3 .1 1975 _ A301E STOLFUS CITY CLERK i RESOLUTION NO. 76-6 , RESOLUTION TO REFUND CIGARETTE PERMIT Mike's Riverside Texaco 510 S. -Riverside WHEREAS, at in Iowa City, Iowa, has surrendered cigarette permit No. 76-122 expiring June 30 , 19 76 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 76-122 issued to Mike 's:Riverside Texaco , be cancelled, and _ BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of': - 50.00- $ Mike's Riverside Texaco � payable to as a refund on cigarette permit No. 76-122. ` It was moved by Balmer andsecondedby deProsse that. the Resolution as read -be adopted, and upon roll call there were: AYES:AjAYS:BSE _ Balmer x deProsse _ x Foster x Neuhauser x Perret x Selzer Vevera x - Passed this 6th day of January 19 76 .r Zj w � • MEETING OF THE CITY COUNCIL -- January.6;.1975 =: DISBURSEMENTS FOR APPROVAL November 1-30, 1975 CBNF�RAI__FUND Northwestern Bell Henry Louis, Inc. Phone Service $6+922.97 Kelly Heating Service Photo Supplies Sears Roebuck d Co. Motor Repairs 135.00 Hilltop, DX Car Wash ''Operating Equipment 24.00 own -Illinois Cas d Electric Vehicle Maintenance 219.99 o Ia. Chapter of Assoc.; Public Gas Charges Safety Comm. 92.75 4.622.18 Crouse Transfer d Storage Registrationic 28.00. Black Afro Newspaper Agency Moving Expense e 58.50 Fin d Feather Advertising University of Iowa Recreation Supplies 67.20 University of Iowa Work Study Wages 100:04 Iowa Chapter of NAHRO Settlement T'298.29 University of Iowa Registration 11000.00 Power Equipment Inc. Books 55.50 University of -Town Vehicle Maintenance; 7.50 J.=P. Gasway Tuition 62:50' • Internt'l. City ManagementAssoc. Paper 100.00 :197.80 William Kidwell Registation Des Moines Register Travel Expense 300.00 Nat'l -Newspaper Civil Service League Curtis 1000 Inc. Registration 150.00- V. E. Corcoran Supplies 86.97 Linda Foster Refund 1.00 San Francisco Study Center Refund 6.00 Johnson County Treasurer Book 6.398.00" McCormick Paint d Wallpaper Report. Iowa City Urban Renewal Paint 6 Supplies 29.47 Daily Iowan Building Rental 440.00 Slurry Kate: Service -- Publication , 72.68 Harian Publications Street Inprovement 15,125.48 The Goody, Shop Books 7.90 Facts on File Book 5.00 Epateins'Book Store Book 36.74 Directions Simplified Book 6.26 Cedar Rapids Gazette Book C.W.-Associates ' Serial.' 49.40 Mary,Burton Books 99.005 Baker d Taylor Books 12. Harry N. Abhrama Books 45.11 _ 74 Office Enterprises Art 4.50 Midland Bindery Equipment Repair,34.50 Iowa Parcel Service Binding'' Services 65.00 Iowa -Illinois Gas d Electric Freight: Freight - 2.48 " The American Companies Gas d Electric Charges 573.55 Quill Corp. BindingiServices 184.60 Sitlers Electric Co. Office Supplies 135.29 Chris Pix MiscellaneousSuppliea 35.75 National League of Cities Film Developing 7.00 " Membership .' 600:00 DISBURSEMENTS LIST Page 2 GENERAL FUND (cont.) Nagle Lumber Co. Building Supplies 49.94 3 M Company 3 OfficeSupplies 250.00 M Business Products Sales Office: Supplies 36.18 Lerch & Cilek Building Supplies ;U Co. - Building Supplies .92 10.50, oste JosteLarens Library Supplies Office Supplies 249.00 TheHighsmithCo., Inc. Office Supplies - 33.24 Hach Brothers Co., Inc. Sanitation Supplies 77.22 Frphwein Supply Co. General Office Supplies 93.81 Hertzberg -New Method Inc.- Books ': Ingram Book Co. Books- 222.49 J. S. Latta & Sons _ Office,' Equipment 53.93 101:40 Libraries Unlimited, Inc. Book McRoberts Publishing, Inc. Books - 10.29 Nat. Micrographics Assoc. Books 16.50 N.A.D.A. Appraisal Guides Serials 7.00 National Wildlife Federation Books - 37.00 New York Public Library Books 13.80:. Occupational Health & Safety Program - Books- ooke 2.00 R. R. L. Polk & Co. Books • Princeton University Press Prof. Publishing Books 44.00 8 42 Corp. Books Regent Book Co. Books 12.75 Sandor D. Racz Books 79.55 Recorded Auditory Materials Records 7..90 Rizzoli International Books 79.84 Scholastic Book Services Books 5.04 University of Wisconsin Books 181.34 West Publishing Co. Books 4'.00 '33.50 Workflow Products Inc. Office Equipment 44.18Raker &Taylor Co. Books 269.48 Montgomery Wards' Building Supplies 158.00 Prentice -Hall Inc. Book Drug Fair Recreation Supplies _ 20.76 8,83 Hawkeye Seed Co., Inc. Animal Supplies 150.30 T G & Y Store Recreation Supplies 17,Zg WarrenRentalInc. Equipment Maintenance 238.63 Commerce -Clearing House Inc. Books Capital Propane Gas Co., Inc. Equipment Rental 19.27 30.00 Gilpin Paint & Glass Inc. Construction Supplies 8.95 McFall-Shubatt Pleasant' Valley Orchard & Nursery Vehicle Repair Agricultural 27.00 Cedar Rapids Police Department Materials Registration- - 65.00 Ranger Rick Nature Club Magazine 480.00 Answer Iowa; Inc. Office Equipment 7..00 25.00 • Credit Bureau of Iowa City, :Inc. Veterinary Associates Miscellaneous Service 4.25 Veterinarian Service 4.50 Animal Clinic, Inc. Veterinarian Service 87.50 Dept. of Public Safety Office; -Equipment:100.00 Crescent Electric Supply Co. Building Supplies 344.10 Mr. Richard L. Worth _ Mileage', 52.13 DISBURSEMENTS LIST • Page 3 GENERAL FUND (cont Hayck, Hayek & Hayek - American Assoc. State Hwy, & Trans. Off. Bookrney Services 2,8]4.50 Sieg Company -Ward LaFrance Sanitation Supplies 2.00 AmericanSociety of Civil Engineers4,827.90 Equipment 44'.12 Assoc. of Bi -State Fire Prev. Off. Membership 50.00 The Lawyers Co-op Publ. Membership - 10.00 Dr. L. H. Jacques West Publishing Co. Book Physical 23.50 National Vending Book 15:00 Callaghan &_Co. Refund 15.00 Pam . Maher Book 50.00 -_ David Epstein - Safety Supplies 21.00 Sheraton O'Hare Motor Hotel Travel Expense 15.00 14.42. University of Iowa Travel Expense -- Winebrenner-Dreusicke, Registration 35.65 Inc. Hospital Service, Inc. Equipment 200.00` Iowa City, Glass & Mirror Co. Health Insurance _ 840.00 11,693.33- Krell Oil Co. _ Equipment Repair '206.95 McGurk-Meyers Motors, Inc. Fuel- 447.75 Capital Implement Co. Vehicle Repair 24.20 Larew Co. • Vehicle Repair - 25.47 Iowa City Sporting Goods Building Repairs 141.62 Quill Corp.Recreation Supplies 147.00 Division of Motor Vehicles Office Equipment 19.36- Doc Inc. Services Services 4.00' Hawkeye;Medical Su PP1 y, Inc. First Aid Supplies 36.29 Tref-O-Yetis ,System, Inc . First Aid Supplies - 44.82 Nancy Ruiz -Avila - Outside Printing 333.90' Kirkwood Kwik-Kleen Mileage 3.68 Plumbers Supply Co. Laundry Service 55.40 H. B. Allen Inc. Building Supplies 214.82 ;Old Capitol Motors, Ltd. OperatingEquipment 6,867.00 Hawkeye Wholesale` Grocery Co. Vehicle R R a epair 971.54 Baker Paper Co., Inc. Sanitation' Supplies 60.60 Bowers Printing Service Sanitation Supplies 88. The Ironmen Inn Outside Printing 45.9595 ' Breese's Interview Expense General Pest Control Repair Supplies 26.03 41.97 Keith Wilson Hatchery Building Maintenance` 10.30 Hartwig Motors Animal ,Food 83.05 P P G Industries Vehicle Repair 10.00 Frohwein Supply Co Paint - 92.18 Leo Eastwood Office Equipment William Kidwell .Outside Printing 9.00 Motor Vehicle Dept. of Taxes Outisde Printing 15. 00 15.00 W1kel T Co. • Henderson Damage -Claim _ Equipment 2.00 oneJ. Ree J. Reed Repair Brenneman `Seed "& Pet Center - Damage`Claim - 86.40 200.00 Wickes Corp. - Seed - -` _ _. Construction Supplies - 5.50 69.68 DISBURSEMENTS LIST • Page 4 -_ GENERAL FUND (cont.) New Process Laundry 6 Cleaning Lenoch 6 Cilek City Electric Supply Uniform 6 Laundr a Service Operating Supplies 307.92 Pyramid__ Service Electrical Supplies 144.12 Hawkeye Lumber Co. Petty _ Operating Equipment 127.31 _Cash Lumber 1,264.49 Coralville Frame 6 Axle Lind Miscellaneous Su Supplies - 663.26 Art Su Supplies Taylor Rental Vehicle. Repair Supplies Recreation :99.69 19.50 Means Services Su PPlies Equipment 92 ' .10 Iowa -Illinois Gas 6`Electric Ken's .Rental Laundry Service 20.00 Distributing Gas 6 Electricity 204.65 L. L. Pelling Co. Daniel J. 'Shaw Miscellaneous Supplies 7'495.15 Paul N. Asphalt Resurfacing 248.89 Klein R. L. Polk Court Costs'.& Services 230:29 6 Co. Contractors Outside Printing 406.70 Tool .& Supply NAHRO Supplies 24.00 Publications Barricade Rental 410.00 Crafts 'N Things -- Books 273.76 7. Johnson County Sheriff Subscription `` 20.00 Ed McGinness Sheriff Fees 4.95 • Paul's Towing Service Mileage 7.50 Iowa Fire Chiefs Assoc. Towing Service 66:90; Petty Cash "-Iowa Membership 12.50 CityReady.Mix- - - Communications Recreation Center - - Concrete - -- '5.00" 56.37 Engineering Barron Motor Supply Equipment 1;984.11 River Products Co. Repair Supplies 666.66`' Shank Office Furniture 6 Supplies Des Surfacing Material 4.78', Moines Register 6 Tribune Johnson's Minor Office Equipment q pment 116.03r Machine shop Publications 27.7.1 University, of Iowa Repair Materials 32.10 Noel'a Tree Service Printing Service 334.60 Nat. Assoc. Advance. of Colored People C. K. Hall Co. P le Tree Trimming - Pre -registration 8.50 650.00 Wm. Langenberg Book, --30.00 University of Iowa Refund' 46.94 Iowa Department of Transportation Outside Printing 50.00 Parrott', Truck PaintingOutside Shop Printing 6.10 Terrence Gerson Vehicle':Repair 75.00 John 'T• - Croeae Travel Expense 1.190.00 _ Dictaphone Corp. Travel Expense 152.91 Entenmann Rovin Co. Equipment Maintenance 44.00 Economy Advertising Co. Clothing - 36.90 _ AmericanPublicWorks Assoc. Maxiner's Outside Printing Book r --64.20 - 44.70 • _ Simplex Time RecorderMaintenance Supplies 16.38 Darel Forman Equipment Maintenance 25.50 Bruce Bollinger Travel Expense- 41.50 Eugene A. Dietz Travel Expense 7.35 -Travel Expense - 155.44 86.95 DISBURSEMENTS LIST Page 5 GENERAL FUND (cont.) Larry J. Richards Rapids Reproductions Inc: Travel Expense 178:0 00 0 Hach Brothers Printing Supplies 289.-9311 - Inter. Assoc. of Chiefs of Police Sanitation Supplies 211``:90 Bruce Thorson Book 33.59 Danny Lynch nch Travel Expense 82 00 Erb's-.Office Services Travel Expense 13.J8 Fidelity Products Equipment Repair 20.50 Flexible Co:- --- Office Equipment &-Furniture 7193.64 Fidlar & Chambers Equipment.Repair 370:.15 Iowa Book &`Supply Printing Service 303.66 Johnson County Clerk of Court Office Supplies 7.50 Kustom Signals Inc. - Court Costs` 157.08 Kieck's Equipment Repair 3.56' Mercy Hospital Clothing 9.40 National Cash Register Medical 83:50 Professional Chemists Equipment Repair 25.00 St. Louis Public Library Sanitation -,& Industrial Supplies 110.00 ' Spiratone Inc: Outside Printing 1.30 r Humme& Villhauser Photo Supplies 24:14 • Vogel Paint '& Wax Co. Smith Filter Minor Equipment Paint 70.00 corp. Cedar Rapids Gazette Industrial Supplies T,845.70 22.92 ` Clark Boardman Co. Publication 42.12' Canteen Food & Vending Book:, 35.92 Iowa Parachute Team Refund 50.00 Richard Tkalchuck Professional Services -..... 65.00 `. IBM Corp. Refund _ 7.50 - Northwestern Bell Office Equipment 486.00 Harry Lewis Roofing Phone Service 6.75:. D & J Industrial Laundry Building;Repair 70.00 Doane Agricultural Service Laundry Service 23.40 Iowa -Illinois Gas & Electric36.00. Management Fee '. River Products- - Electrical Charges 254.26 _. Iowa City Ready Mix Rock 48.01 Breese Plumbing & Heating Concrete 876.83 Cringer Feed & Grain Building Repair 358.98 Iowa City Flying Service Building ,Rental 525.53 U.S. Post Office Janitorial Service 1 120.00 Adeeb B. Makar Postage 880.00 8040,- Hicklin GM Power Co. Judgement 16.001, A1l Makes Office Equipment q pment Co. Vehicle Repair 570.10 - Litco Costume Rental Office Furniture 60.311:: American Management Assoc. Rentals -66.00:' - Steven e Sand &Gravel Registration 50.00:'- Linder Tire Service Sand 908.37 • Mid Continent Reg. -P & R Conf. Tires &Tubes 2,914.96 Douglas O'Brien Membership -20.00 - General Pest Control Refund _. 10.00 Susan JossBuilding Maintenance 10.00., University of Iowa ' SafetyEquipment 20.00 Occupational Safety & Health Registration 85 00 Hawkeye Awning Company Registration 30 00 Recreation Supplies 29.75 ,: DISBURSEMENTS LIST Page 6 GENERAL FUND (cont:) 320.15 Asphalt 390.00 L. L. Pelling Co.- Outside Printing 15.50 Bankers Advertising Co. outside Printing 631.40 Hargrave Engraving Outside Printing 175.,00 -- Curtis 1000 Agricultural,Materials Clear Creek -Farm Supply Improvement Repairs & Maintenance 280.00 - Derlein.Scale Service Iuc. Industrial Supplies -34.50.' Vestal Laboratories - Recording Service 54.24 Johnson County RecorderVe &Repair hicle Repair, .110.00 Strub-Rocca Welding Towing Service 1,181 65 '. Dewey's Crane Service Uniform Service '.: 16.92' D;& J Industrial Laundry - Paint & Supplies 362.00 Nagle Lumber Physicals 31096.16-: MedicalAssociatesDiesel Fuel > .177.75 Consumer's Co-op Society Equipmentt-Repair 1,086.80= Fay's Fire Equipment. Publications 15.00' Iowa City Press -Citizen Subscription 8.95r Edmund Publications Corp. Book- 5.00' Writer's Digest- < - Serials 24.00' Wisconsin Holiday News gooks 14.75` West Publishing Co. Rooke 4.00 - U. S. Dept of Commerce Books 7,46. United Nations • Book 1.50 - Simon &Schuster Inc. _Book' 10.00 SERF Serials 5.00 People Bicentennial Comm* Serials zl62.85 ' Poets &,Writers Inc. Phone Service 6.00 ': Northwestern Bell Standard Order . 8 50 Northwestern Banker Book 724..0 Nat'l. Audio -Visual Assoc. Serials 4,5 Q Microfilming Corp. of America Books11.95 The Feminist Press Books 3;00 ' Farm Journal Info. Books:5.00,', ERIC Clearinghouse on Serials 5.35 Emmess;Press Books 44.06 Epstein Book Store Records 27:01 Dover Publications Books SO:OG; Doubleday 6 Co. Serials - 14:49: Ruben H. Donnelly Corp.' Books 35:80:: Commerce Clearing House Books 10.00 C. W. Associates Serials 12. 15: The Catholic Worker Books 12.50.:, University of Iowa Serials 135:00 Bro-Dart Inc, Serials 23:37 Bell & Howell Books 65:09 Baker &`Taylor Co. Books _i 3.00 Bacon Pamphlet Service - Books 12:75, ' . The American Radio Relay League Books3-50 American Library Assoc. on Education Books 9:53 American Council American Management Assoc. Books Books 130:17 " Ingram Book Co. `' DISBURSEMENTS LIST Page 7 GENERAL FUND (cont.) Luther Book shop Books 8.75 - North Iowa Library Extension - _ Books - - 3,527.33 The American Company Books- - - -- _ 69.05 _ Reading Research- Books- 30.00 Baker & Taylor Co. - Books 124.76 Blackman Decorators Building Supplies 1.10 -Aero Rental -- Sanitation .&;Industrial Supplies ;. 7.50-1..- D & J Industrial Laundry Laundry Service 21.45 R. M. Boggs Co. Building Repair 286.45 -University.Camera Photo Supplies 5.60 Demco Educational Corp. Operating Supplies 54.06 Bowers Record -Sleeve & Bag Co. Miscellaneous Supplies 79.40 U. S. Dept. ofAgricultureTechnical Services 6.00:.:-_ Dudley Noble, M.D. Medical Treatment Iowa City Lab. Engineering Services %20.00-1;1: 60.00 Red Carpet Travel Service Air Fare 84.73 - Pioneer Office Products Office Furniture 600.00 _ Premier Sales Corp. Technical Services 656.40 Robert R. Howell _ Moving Expense 421.67 _ Donald J. Bagnall - - Refund 5.00 BillHinesRefund 22.00 Alan Andersoq, M.D. Refund 1.00 • Richard Bovbjerg-- Refund 5.00 , Loreta K. Litton "Damage Claim 51.00 Chicago -Daily Defender Publications ; 89.60 Morton Salt Co. Ice Control Chemicals 5,649.00 Crouse Transfer & Storage 'Moving Expense 273.00''. - ''Dan Dan R. Fesler - Safety; Supplies -108.20 ,_ Union Bus Depot Freight _ Internt`1. Personnel Mgm't Aaeoc. --- Book - - __5.70.* University of Iowa Registration ' 200.00 Rand Power _ Safety Shoes 20.00 Iowa Parks '& Rec. Assoc. Membership 15.00 1 University of -Iowa Work Study 97.16 - $121,347.41 ; _ DEBT SERVICE Central National Bank Coupons 2,100.00 First National Bank Bonds & Coupons 22;712.50 Iowa State Bank & Trust Co. Bonds > 21318.75 Iowa State Bank & Trust Co. Bonds.' 275;000.00 First National ,Bank_ Bonds '& Interest 169,526.75 Traders National Bank Coupons Interest 100.00 First National Bank of Omaha Coupons Interest 500.00 Merchants' National Bank Coupons Interest 10,431.00 • First National,Bank First National Bank Coupons Interest Coupons Interest 1;147.75 31825.00 Iowa State `Bank -& Trust Co. _ Coupon & Bond Interest -5,'630:50 $493;292.25 ` DISBURSEMENTS LIST Page 8 CAPITAL PROJECTS Lown-Illinola Gas & Electric Gas &Electric Charges Montgomery Wards 314.83 Welton Becket & Assoc. Building Supplies 79:00 Hattery & Assoc. Architectural Services 2,839.32 L. - L. LL. Pelling Co. Engineering Services 195.30 Lind. Art Supply Asphalt Resurfacing. 18 244.53 D. C. Taylor Co. - Office Supplies 9:29 Dave Schmitt Construction -Roof-Repair- 32,688.00 - Johnsons Machine Shop Storm Sewer Improvements.,- 55,108.62 Fandel Inc. Tools & Minor Equipment 556.27 Metro Pavers Inc: Equipment Repair .- 78.00 Michael Todd & Co. Washington Street Improvements - 21,M_.38-,: Metro Pavers Inc. Maintenance Supplies 461.70Improvements Howard R. Green Co. :10,807:60 Engineering Services 5,229:10 $148,396.94 ENTERPRISE Northwestern Bell Phone service Kelly -Heating Service Novotny's Equipment Repair Supplies - 763.52: 4.50 •: Hilltop DX Car Wash Duplicate Keys 4.00 Iowa -Illinois Gas & Electric vehicle Maintenance 1.50G Warren Radio Co. as Gas-& Electric Charges 1,476x35'> Culligan Water Conditioning Miscellaneous Supplies 1.75: Apache Hose & Rubber Co. Rental 20.00" Rochelle Tullis Supplies 30:24' Chicago, Rock Island & Pacific R.R. Water Refund Property Rental 16.23 University of .Iowa 477.46 Oliver Costick Registration 272.00' -- U of I Credit Union Water:Refund. 4.72 Urban Renewal Water Refund 4.32'. Daryl Mozen Water Refund 5.09 Magnus Christensen - Water Refund- 4.06 Craig A. Nitz Water Refund 5.08 Victor Clime Water Refund 7.64° James Roth Water Refund 12.66: Ray Winders Water Refund 3.70 John Krahe Water Refund 9.20_ Thomas Bowman Water Refund 5.11' John Rocca Water Refund 3.70.` Lawrence McGuire Water Refund 8.63 Dennis Gordy Water -Refund 3.92_1 Gary_Boerchel Water -Refund 4.19`. Phil Levitt Water Refund 3.70:- James M. White Water Refund 4.41 Chris Muhlert Water Refund -3.00 • Chris Lohry Water Refund . 6.52.. Merlin Hamm Water Refund - 5.36 Richard B. Wyatt Water Refund 13.04 ' Dennis P. -Swanson Water Refund 7.01-` Skogman Homes Water Refund 3.70 Water Refund - 2.30 r DISBURSEMENTS LIST • , Page 9 ENTERPRISE (cont.) 49.90 Water & Sewer Collection 99.60 ' Randalls Store Water & Sewer' Collection z 43.80 "Hy -Vee :Store Water & Sewer Collection 56.10 Pearson'a Drug Water & Sewerl_Collection 2,360.41 Motts Drug Taxes 13.00 Johnson County Treasurer Repair Supplies 7.08' - Utility Equipment Co. Safety Supplies 70,03` Hamer Alignment Frame & Fire Equipment Repair 11.48 Hupp Electric Motor Equipment Materials 21:92; Capitol Propane Gas Co•, inc. Refund 1,512.10:. Karen Burtch Health Insurance 465.95: Hospital Services, Inc.' Fuel_ 53.60_ Krall Oil Co. Vehicle Repair 3.95 Capitol -Implement -Co. Miscellaneous Supplies412.70 Iowa City ,Sporting Goods Equipment Repair 114.50_ Martin Brothers BuildingSupplies 443.00 Plumbers Supply. Co. Testing'Services - 3.90 State Hygienic Lab Miscellaneous Supplies 13.17 I: Union Supply Co: Supplies 4.41 Sherwin-Williams CO. Water Refund 1.35 . Larry_ Spicer =Water Refund William Albrecht Water Refund 5•:20 • Pat Wistercamp -, Water Refund 1.74 L & S Investments Water Refund 54:24 Lynn Burmeister Electrical Supp lies 71.21 City Electric Supply Lumber dies 19.19 "Hawkeye,LucLir Co: Miscellaneous Supp Materials 22.QO Petty Cash Equipment Repair r.8r7e Diver's Prop Shop Laundry Service Servi. ce 10,118:96 Means Service Iowa -Illinois Cas & Elctric Gas & Electric Miscellaneous Supp liess 6B.731:' 715:81 Ken's Distributing Asphalt Resurfacing 196,65 L. L. Felling Co. Repair Supplies 29.80. Contractors Tool & Supply Concrete ( 39.95 `Iowa City Ready Mix : Tools, Paint' 136.71 Barron Motor Supply $urfacing`Material 66:55 River Products Co. Shop Equipment,Repair Materials 112:45 Johnsons Machine _ ,Improvement 107.. ' Municipal Supply Co. Improvement Repairs 373`,601 :Shay Electric' Printing Service 294,33 The Goodfellow Co. Equipment Repair= 614.30 Fandel Inc. Chemicals 3,250.00 . Linwood Stone Products Meters 57.28 Rockwell International Painting 'Supplies 11.53 Tnemec_Co. Equipment Repair10.00 Apache Hose -& Rubber 'Inc ' Water Refund 10.00. Sherry Buckberrough` Water Refund 10.00 Liam Convert' Water Refund 10.00 • Tom'Armiston - - WaterRefund-1:40. Curtis T. Cooling Water Refund, 5 . .17 Leonard Schultz Water Refund .: Ruth Hertz`- DISBURSEMENTS LIST Page 10 • ENTERPRISE FUND (cont.) Robert Shellady Jr. Lee Bendull Water Refund Varsity Cleaners Water Refund 9.21 Gary Fitzpatrick Water Refund 1.40 Thomas Mott Water Refund 7.41 Mike_Hurm Water Refund 6 53 Mary S. Baumgartner - Water Refund - 2.98 Robin Mahoney Water Refund JO.66 Marie Neubauer Water Refund 3.74 Bill Savage Water Refund 3:10 Ronald Renoux Water Refund 9.12 Richard Thorbeck - Water; Refund 2.81 Randolph Core Water Refund 1.89 Richard Carlson Water Refund 2.08 Donald'Kemp _ Water Refund 5.08 :City of Cotalville Water Refund 6.36 American Water Works Assoc. Sewer Service 13:43 Fischer 6 Porter Co. Book 20.43 Quill Corp. Repair Supplies 27.50 Stevens Sand G Gravel Office Furniture 34.73 Linder Tire Service Sand 116.41 Stuart Gray _ _ Tire 6 Tube Repairs 187'81 • Della Schmidt Water Refund 6.50 Treasurer „ State of -Iowa Water Refund 6.22 Automatic Systems Co. Sales Tax 1-24 Cope Plastics Inc. Improvement; Repairs 2,887.50 Control Sales, Inc. Repair Supplies 337.20 Bontrager`Machine 6 Welding Repair'Supplies - 16:64 Curtin Matheson Scientific Inc. Vehicle Repair 97.78 W• W. Grainger, Lab Lab Supplies 4.50 D 6 J Industrial:Laundry Minor Eauipment 142.70 Nagle; Lumber - Uniform' Service Consumer's CO-OPBuilding' Society Supplies 719.90 Fay's Fire E uipmen Heating Fuel' 25.06. --Acco;Unlimited Corp[ Equipment Repair 479.15 University of Iowa Improvement Materials 17.55" , Triple H Trucking Registration 230.26`' Equipment Service 47 `0.00 36.•00: ; TRUST &`AGENCY FUND $31;325:44 Wayner'a Baker 6 Taylor Co. Book Hawkeye Wholesale Grocery Co. Books 6.00 University Computer Center Coffeeroom Supplies - 52.57':. Carol Mc Crone - -- Data Processing Service -8991 Petty Cash Operating Supplies 33.73 . Nancy Heaton, Treasurer Miscellaneous Supplies 9.50 Nancy Heaton, Treasurer Police.Retirement Transfer 93:,90 Economy Advertising Fire Retirement Transfer 50,000.00 University of Iowa Outside Printing 50,000.00 ' Ingram Book Co. Technical Service 341.00 Luther Book Shop Books 285.80 Books' 15.22 4:50 DISBURSEMENTS LIST - Page 11 TRUST 6 AGENCY .(cont.) Iowa State University Press Baker 6 Taylor Co. Books Iowa City Press -Citizen Books 5,77 Nancy Heaton, Treasurer Nancy Heaton, Advertising Expense 27.45 Treasurer Coffee Fire RetirementTransf` er 4.40 Time Police Retirement Transfer 74,709:38 - Coffee Supplies 50,781.25 19` INTRAGOVERNMEN.AL SERVICE $226,656.93 Northwestern Bell Henry.Louis,,Inc. Phone Service Kennedy Auto Market Services 468:07 Winebrenner-Dreusicke Vehicle Repair 7.96 .Hilltop DX Car Wash Equi pmenE Repair 311.28 Carl Ruff VehicleMaintenance 245:00 Iowa -Illinois Gas 6 Electric Dan Travel Expense 3.00 Dreckman Hawkeye_State Gas 6 Electric Chargee 100.00 Bank "Altorfer Travel Expense 344. ' Machinery Co. 'Payroll Transfer 36.00 Iowa Chapter of NAHRO Lyle Seydel Vehicle Repair Su ppliea 157'897:41 • Registration 29.06' Paul Alexander Travel- Expense 18:50 Harry Boren - TravelExpense- 35.00 Robert Keating Travel Expense 75.00 Union Bus Depot Travel Expense 55.00_ Patrick Strabala Reimbursable Travel 75:00`. Robert.,Hibbs _ Travel: Expense i 836 8 6;' Susan K. Sheets Travel Expense 125.00' Hilltop DX Car Wash Travel Expense 35.00` Polytechnic Data Corp. Vehicle; Maintenance 35:00 Hy -Vee Food Store pl Office Equipment 9.72'' Dewey's Auto Salvage20.00 Food` Acherman Auto Parts, Co., Inc. Harris. Vehicle Materials 14.37 Truck Repair, Inc. Vehicle Materials 30.00 Sieg Co. Equipment Materials 33.36 Professional Mufflers Inc• Vehicle Materials 7.60 Welt on-Bekcet - ' Vehicle,Materials 57.23 Hospital Service, Inc. Inc. Krall Architectural Services 16.37 Oil Co: Health Insurance 323.80 All American -Inc. Fuer - 1,154.40 Capitol -Implement Co. Freight 5,563.97 Aero Rental Quill Vehicle Materials '25.27 Corp. - Martin Brothers Office Equipment Rental16.98 Office Supplies 25.00 Plumber's Supply Co. Bob =Freight 148.64 Zimmerman Ford, Inc. - • Old Capitol' Building.Supplies 6.26 Motors,Ltd. - Hawkeye State Equipment'Materials 15.41 Bank Cline Vehicle Materials 366.33; Truck &:Equipment Co. Breese's Payroll Transfer 61.64 Repair -Supplies 1;063.54 Repair Supplies 226.52', '. 1267.36' DISBURSEMENTS • LIST • Page 12 INTRAGOVERNMENTAL SERVICE cont. Hartwig Motors Frohwein Supply All Vehicle Materials Wheel Drive Co. City Electric General Office Su 112.67 Supply ._Pyramid Service Inc, Vehicle`Materialspplies ElectricalSupplies250.42 46.78 ,.. Hawk eye Lumber co. Petty Cash Vehicle Repair Su PPlies 32.41 West Music Co. Lumber Miscellaneous 635.49 Meana Service Neal Supplies5.4 Equipment Rental 5:01 5.01 G. Berlin Ken's Distributing 'Laundry - Y Service Travel Expense 30.00 Contractors Tool 6 Supply Petty Cash Miscellaneous Supplies 70.54 75:00 Barron Motor Supply Tools Miscellaneous 122.65 39:33 River, Products Johnson' Ex Repair Su Pensee PPlies 12.-02 Machine Shop Blackman Decorators Surfacing Material Repair Supplies 617:57 2:938.10 Ardick Equipment Co. David Buildin ea 199.25 Perret Mary Neuhauser n Mater .Equipment- Materials '82.51 Economy Advertising Travel Expense. Travel Expense 7,171.30 35:00 Iowa Bearing-co. • The Goodfellow 'Equipment Repair 37.00 Co. Iowa Book 6 Supply Vehicle Repair Su4.00 Printin PPlies g 39x13 National Chemsearch Robinalr ,Service Printing Supplies, 87.36 Mary Neuhaus Miscellaneous Su Equipment:Repairpplies 27.00 121;00 Thomas J.Struve Charles Travel:Ex ,: Penae 8.50 , Schmadeke Elliott Equipment Trat!el Expense Travel 250:00 Highly y Equipment Co. Ex Expense Vehicle Repair .75:00 150.04` Xerox Cinarco supplies Vehicle Repair 165.04 Audi -Visual Center Burger Construction Co. Printin 8 Supplies b Rental Equipment 169.48 1+192.68 Metro Pavers Repair Improvements 38.75 The Satterlee Co. Improvements :%132.46 Frank Eicher Quill Tools-58 Corp. Linder Tire Service Refund Office Su PPlies 52:2q: 5.00 - Dewey's Crane Service D & J Industrial Tire Tube Repairs Towing `138.61 ' Laundry Nagle Lumber Service 87.60 Consumer'a CO-OPBuilding, Society Fay's Fire'E Uniform Service Supplies 30.00 259'.90 ui 9 pment GMC Corp. Diesel: Fuel 223.30 Iowa City-Press-Citizen Lewis Motor Equipment Maintenance Vehicle Repair Su Supplies 694'.86 125.25 Su Supply Inc. • Carol de Publication 5,105.07 Prosse Ingram Book Co. Vehicle95.87 Repair Supplies Travel 114.38 Expense Books 250.00 128.95 Sty of.Iowa Cit• Ulm DATE: January 2,:1976 TO: City Council FROM: City Manage RE: University Heights Contract The contractual financial arrangement frith University Heights has been unsatisfactory for some time. This problem now is exacerbated by Iowa City's own financial situation. ltihy should Iowa City provide municipal services to residents of another community unless some financial advantage accrues to Iowa; City residents?_' While there may be an argument for a good neighbor policy, such e policy should provide only for emergency situations and not extend into,perpetuity Opportunities have arisen in the past for University Heights to resolve the problem. For example, some years ago University.Heights elected resolve ve annex -to Iowa Ci PP �' Again, this year, when it was apparent that the cost of services - tad raised considerably, University Heights elected not to raise additional taxes However, even since that action, Iowa City made a:$3,994.54 adjust- ment on the account which was in dispute with the hope that such positive direction trould facilitate negotiations. Enclosed:is correspondence from the former Director of Finance irhich provides additional insight. After-the-joint meeting with the University Heights, City Council in September, Iowa City was ober, ed Iowa CE University 1loights was preparing,a counter pro- posal In October, Iowa City received a payment from University HeighcPro- the amount of yea1,SOO; which represented the same quarterly payment as for` the previous year. }Vithin the'past week, University Heights .submitted a quarterly payment together with an additional sono for the eightsrsu quarter which, if annualized, will total $104,764, this being the, amount provided for in the Iowa City revenue budget for the current fiscal year.. The; previous: annual `- Payment was $89,282.61. The increased amount is predicated upon the formula contained in the contract and does not, in the opinion of Iowa City, represent the value of services provided to University Heights. It is.estimated that in FY '1976 the vices. f services provided will be $171,114. The City DIanager and the City Attorney recently reviewed the status of this problem. There appear to be two viable alternatives: 1. Continue to negotiate for more equitable financial arrangements. 2. Discontinue all services effective Dec for any serviceember-31,-1977, and collect: for whicht in the contract. payment is not currently provided+for It appears that University Heights community. Thereforethe cannot be considered:a financially viable , community's only hope is to move as slowly as Possible from the present contractual arrangement with -;Iowa; City. Change will be costly and will gradually move University: Heights to demise.,tT]ie- slow process will remain financially disadvantageous for the residents o£...` N&al Berlin, University Heights Contract City Manager 9/16/75 As a result of the -joint meeting between the City of Iowa City. Council and the City'of UniversityHeights.Council on September 4, 1975;'.I -would like to make the following -observations and co=. eats. First of all,;I was surprised at the obvious difference of opinion between members of the University Heights Council. For instance,.I heard Mayor Belgum talking realistically; about the problems faced by University Heights and the rec6,nition that ` P , probably, his co:,cnunity may not be _ financially viable. = On the other hand, Councilman ter Hear- indicated that, if possible„ his constituency would favor a=levy of' -60 mills just to maintain what be envisions as a responsive form of_government. This kind of'division`is not going; to be, productive in negotiating a reasonablecontract -as far asIowa_City-residentsare concerned." It is more obvious than ever that the contract arrangements with Iowa City have allowed University Heights to avoid the kind of hard municipal resource allocation required of cities all across the country in, the last few years.-'- Since they have not been faced with the hard' i choices .that other communities have, and since they have not had t6 fully allocate all of the other resources that have been made available to cities in the last; few years, they, have no appreciation for the position of the Iowa City Council.. 'Surely it would have been much to I everyone's satisfaction to have been able to allocate general revenue sharing, state municipal assistance, ,and liquor profits to the reduction of property taxes in Iowa City, rather than to continueladding these to the property taxes being collected in order to provide for 'the delivery of phasic services. Furthermore, the assertion that Iow-a-City benefits - 1 because'of the payments from University Heights residents in our revenue sharing'fornula is absolutely false; however, it 'does give an indicatioa of the 'depth of the advice that has been gives to them. j. Therelis no question that tine City of University Heights can not afford n payment to Iowa City in the amount of'$170,000 plias per year. -'In my - opinion, it would be passible for theca to raisecenly an additional j three, mills over the 30 millsli-nit consisting of one mill for emergency purposes, and two mills for mass, transit. Beyond that,,it'is, not -possible for them to .npproar_h an equitable cost distribution in the proposed contract: by the use of other sources such as general revenue sharing.- With that in mind, and in consideration of Che before mentioned, I'think the following steps should be undertaken: 1. The City, has budgeted approximately $101;900 to he received from -.University Faiphts durliLg FY.76. The`City of University _ `i WILL J. HAYEK - HAYEK, HAYEK &:-HAYEK: _ JOHN W. HAYEK - .ATTORNEYS AT LAW C. PETER HAYEK - ItO EAST. WASHINGTON STREET - - AREA CODE 319 - - IOWA CITY, IOWA 52240 - - -. 337.9606 - December 30,-1975 - The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Assistant City Attorney Appointment Mayor and Council Members: On September 16, 1975, the City Council passed a resolution authorizing the employment of a third assistant city attorney to work in the City's legal department. The City Council authorized this appoint- ment in order to provide additional staff so that the legaldepartmentcould properly fulfill its responsibilities to the City and the community. - That resolution, Resolution No, 75-339, authorized me to employ this attorney subject to the approval of the City Council as. provided by . law. I am pleased to report to you at this time that I have employed Angela M. Ryan, 818 Keswick Street, Iowa City, as an assistant Iowa City attorneybeginningin June, 1976, pursuant to this authorization and subject to your approval, Ms. Ryan was selected after the availability of this position had been extensively publicized and after reviewing a large number of applications. Ms. Ryan is a third -year student at the University of Iowa College of Law. She has agreed to work for the City commencing immediately on a clerkship basis until she takes the Iowa bar examinations in June. She will work approximately ten hours per week for the City and will be paid, unless there is objection, at the rate of $3. 00 per hour for `her work which appears to be the going rate for lawclerks at this time: Since it is obviously necessary for Ms. Ryan to pass the Iowa -bar 'in June, her work schedule will be lightened considerably in the bar examinations. month preceding the The City Code provides that the City Council shall establish the compensation of the City Attorney and assistant city attorneys. Resolution No. -75-339 authorized me to employ an assistant city attorney within the a,197(�.D ABBIE STOLFUS' CITY CLERK City of Iowa Ci4� MEMOR- ANB IJNi CITY OF IOWA CITY SOURCE S APPLICATION :OF FUNDS AS OF 12/15/75 : ESTIMATED FEDERAL GENERAL SPECIAL OPERATION Si COST GRANTS REVENUE SHARING STATE MUNICIPAL',: -MAINTENANCE Additional Staff: .- GRANT ASSISTANCE BUDGET Legal Division, $ 7.500 $ $ $ $ Human Relations Department 4,157 $ 7,500 School Crossing Guard' 1,900 4,157 Bicentennial Week1,900 1,500 Bus -System "(Benton-Wardway) 171,162***_ --_-- - 48,833 500 1000* -' , Landfill Equipment 15,000 122,329 Library Study - 14,200 14,200 15,000 National Endowment -City Spirit 21,966 10,983 10,983** Parks Tree Trimming 15,000 - 15,000 Special Populations Involvement 17,000- 9,000 Tornado Warning System _ - 70,000 35,000 50000 3,000 Policewomen's Locker Room 15,000 - 10,000 35,000 5,000 $354,385 45 983 $97,033 $11,483 162,329 $37:557 *Corresponding reduction to expenditure level"of the Boards b Commissions **Comprehensive Employment Training Act ***Receipt adjustment to offset 25C fare and Benton-Wardway route „ 4 --TO: City Council =I. t� CrvIC CFATER. <fnE WASNIhGTON SL ,I.1 a C/ ro ve cm. iG vA 52 319-354-1BOO - Feundtd 73?7 - December. 24, 1975 - Mr. John W. Hayek - _ - City Attorney Hayek, Hayek 6 Hayek - 110 East Washington St. ' Iowa City, Iowa 52240 - - - - Robert A. Vevera - Dear John: You have asked me for an opinion as to whether Mr. Robert A. Vevera is. _presently.an employee of the City of Iowa City, Iowa.:'. For reasons .stated below, I believe that this is a�close and difficult question, for which - -- judicial determination should bea-sought. - Briefly, the facts are these: Mr. Vevera began his employment with the city on February 1, 1962, when he was hired as a police officer. On October 1, 1967, he was promoted to the rank of sergeant. On May 19, 1975, he struck %Ir. David G Epstein, then ,the Director of Publi for which assault and battery he was disc Safety, -missed on:taay.20,.:1975,�by Mr. Epstein. This dismissal was affirmed by. Mr. Neal Berlin,: .City Manager, on t•Tay 28,- 1975. On July 15, 1975, a public hearing on ale dismissal `i•�as held'before the iowa. C.i.ty Civil Service Commission. ThetCommission rendered Police Degart.ment; but its decision on July t 1975, in.which it-discharga3 :-'.r.7Vevc,.a from the placed him on a leave of,absl nee without pay for- , _ approximately -fourteen (14) months, so that he would be- able. -toreceiv;:,his' -- pension.-Nei.therthe -City nor -Mr. -.Veveraappealed . the .-decisionwithi.nthe thirty (30)day period allowed in400.27,-1975 Code of To -- Mr. Vevera T:•as (:larged with misconduct. The 400.3.8, 1975 :Code of Iowa, provides as follows: 1,70 Person holding civil service rights -.as provided in�.this chapter .shall be :moved,. demoted, or suspended arbitrarily, except as gthervi.(:c provided -.in this chapter, but ;n:.y`-be - ..removed, =demoted, or suspended after 'a-lcaring by..a majority_ - vote Of the civil scrvi.ce commission,' for. � neglect' , of duty, . - - disobedience, misconduct, or failure perform -his - dut.ics. r .. ..: t .. Nr. Sohn Hayek _• _ - • _ -2 December 24, 1975 There is a -question in my mind as to whether the Civil Service Commission Possessed the authority to place Mr. Vevera on a leave of absence without pay. However, it .is clear that the Commission does have the authority ;to suspend persons. Of course, a suspension would'. be without pay. :--_-It is difficult to establishthe exact meaning of the Commission's order. Nr. Vevera "is discharged" in the terms of the order, but that discharge.is not to take effect until after a leave of absence without - pay, of approxi- mately fourteen (14) months... - Perhaps it should be considered that placing Mr. Vevera on a leave of absence without pay is tantamount to suspending him. The City personnel rules pro- vide that receiving a leave of absence without pay is a privilege'that-may be accorded to. an employee; for example, an employee night be given - leave. of absence without pay to seek aid for a -drinking. -problem. .athree month A suspension is a period of time during which the employee cannot works and is not entitled '^ pay, and is usually imposed for some sort of misbehavior. Either way, the net effect is similar. - Interpreting the order of the Commission `so as to give it a'reasonable construction upholding its :validity, I'would construe the order;,— to mean that Nr. Vevera is suspended for a period, at the end of which period ha is discharged. If, on the other hand, the Commission did not really attempt to suspend Nr. Vevera, but rather to actually place him on a:l.cave of absence without _Pay, .then I- believe the attempt must fail because: (1) the -Commission -had - no statutory authority to place a person on a leaveofabsence'without:pay, and (2) the procedures outlined in the personnel rules for granting a -;leave of absencewithout pay were note followed See..Iowa-City personnel -Rules, Leaves and Related Personnel Practices, -(C)(2), -pages 19-20 (paperboundIedition). - My guess is that a court Would attempt to give the -order -a construction that would render it valid, . and would thus hold that the Commission suspended., Mr. Vevera. - If Mr. Veveia is presently under suspension and not yet dischar.9e3,- then he Cf still an x relfce of the City and' -clearly cannot be a me bar of'..the-Council. Cf., Stateexrel- Cra•.ofordw.-An9eraon, 155 Iowa 7.71, 272, .13G N.W. 128 (]912) It would appear.' that .-if Mr. Vevrra accepts the office of councilmembe128 _..vacates any status he may l:avc as a city crnr, lie p).oyee. Id. .See a7.soA_A.G.y- of-ths.arttl Towns(December28, 1973). IL- should also. be noted that '-.the "Char. ter in Sec City .1 Iowa City, set to become effective on January 1,- 1976, Provides e Section pjOyA) that "a.Counca7. member may not hold any : other ci.Ly office or be a cil:y emp)oyce..." The test ofemployment in Iowa -is control. The control "should be of such -a -- .character as to enable him (the employer) to direct Lha manner Of performing the services and to prescribe what Particular act_; sha.l.i be_doae-in order70 1 to-.accom- -pliAl the end .:i.nLenled." _Cru;n_v L�-lkur., 241 Io:ra.1173,.44.N.t• or, er,to a3 (t becomes In asscssi.ng whether Mr. Vevora is presently an erap.loyec-of the City, i. L- becomes apparent -that- the City really nolothas any colitrol- over -him : The City can no longer direct the manner of Performing Mr. vevera's-services r' iseMr. theCi Vevera is po_)urger nxpecl_ed to perform, services for the City. L)' any parf.i.cular. acta for Mr.. Vev :� L�vora eo ]ons r rci»rt_s to uork, nor is he n•..# gra to do. _ -e7 e, y as a police o,'fi 0J cL to b2inq called b.ck Lo cer. Fu r;.h .•:: n -n, lacre is 1-10 C.'12e•Lat:ion Lha L'',}r. Vevera Mr:` John Hayek -. • -3- December 7.4 . 1975' -- will ret to: work at the end of his leave of absence without be required by the City personnel rules. Sergeant Thomas appointed after Mr. Vevera-left active work for the Cit as -Crowley, who would Crowley, who was permanent appointment; if Mr. Vevera were expected to re has would be appropriate tinder the City -personnel -rules to hire Sergeant Crowley ` with the understanding that Mr. Vevera would becoming -back.: - Also be noted that Mr. Vevera is currently paid no salaryb Also, -it 'should with the Human .Relations Departnent-(Personnel) reveals -that the City em y the City. A check roster shows a."T".for terminated behind. Nir . Vevera'sn file shows that hewas "dismissed".from the Police Force -effective May ployee, name. Also, his; personnel On ;the other hand, there is some indication that Mr. Vevera may y 19, 1975 City employee. He has not demanded nor has he been paid his accumulated sion contributions under 411.6 10 Y still ed p the Pension Fund who ceases to(be)a 1975. Code: of -Iowa- Generally,Pen- policeman except b a member of is 1 -fir. Vevera's case, would withdraw his accumulated contributions; his failure -to do t? y death retirement, as y.th so permits the inference that he may still be a policeman. A check issued by ,the city in May, 1.975 to Mr. Vevera for accumulated sick leave and vacation: route routinely aot been cashed as of DecemUer 5, 1975. Such accumulations are earlier, paid to an employ at the time of termination: Further, as discussed earlier, I believe a court would 'attempt to construe :the order o£ the Civil Service Commission in Mr. Vevera's case Lo :uphold its validity. order could reasonably be interpreted e as Y• If so, placing Mr. Vevera the be followed by discharge. If Mr..Vevera is currently under suspension, hon suspension, to ten he is still an employee. Related to the problem of the status of Mr.,Vevera's employmentwith the City, is the problem of his pension. I believe that Mr. Vevera is not entitled to a Pension, regardless of whether the ;action of the Civil 'Service Commission is construed as, (a) Placing him on leave Of abs withoutrvlce Colloweion discharge, (b) suspending him, followed by-encedischarge, .Section 411.4, 1975 Code of Io:ra, reads in - or:-(c)dischar Y fling'him. _ pertinent part as follows: - _ nor shall the board of trustees all any reow credit as service for �iod of more than one month duration during which thf -N-as absent: Without pay.. This section 'has not been graced with any annotations .in I.C.A., Section 411.4. During the tine that the Civil Service Commission placed Mr. Vevera on leave of absence without pay, he would not be bui.ldingcrcdit-.toward tile 15 service.necessary to qualify himfor -a pension under-411.G(C), 1975 Code of Iowa. And seeYears of Iowa City Personnel Rules, Leave and Related -:-Personnel Practices, (C)(2)(e), page 7.0 (PaPerbound edition • _present status is - ) Thcrefore;_whether Mr.'Vevera's.- (a) on reeve of absence without pay, (b) under suspension, or (extent of one he is not ,�ccumulatind credits the extent ofonemoil th of. -toward a Pension credit. , except to. -The central problem with which. we must: deal is whether or not 'Mr. Vevera is -Presently in the employ of .the City. .If he is not,. then there is. - e - orche the fact that he has been elected to niembenot' on the.Ce is schr�7uled to �s;ume Office o problem hrn his tc air,;}„ n Janua[Y 2, 1375: TF, however, h and is- (-I 11-Y P on ;:he Council.�trr.ate - _ _ is an employee, Y• The acts of a Cif: "�ofs l�Lent:ia.l Problems for the y ;ray be woad i.f ��c r,;pli :hod t.}'rough officers not, j Jt,e Mr. John ttayek . -4- December 29, 1975 qualified to sit on the Council. whatever the act may be, it must receive the vote prescribed. The vote specified in the applicablelaw must be obtained to`- constitute,the action valid and binding. iHansen v.- Anthon, 187-Iowa 51,_54, 173 N.W. 939 (1919)_ For example, if anordi.nance"passed, four votes to with 1.1r. Vevera- voting ._."aye"; and-it were-later determined: that he, was- not a _ qualified _Council .:member, -the ordinance would be void. Further, if a Council member is an employee of the City, he may besaid--tohave an interest inimatt ers. before the Council, which might affect his judgment. Ordinarily, an individual Council member cannot vote on a matter in which he is interested; if he does so,; the action taken by the body of which he is a member is invalidated, at least if the vote he cast was decisive to the passage of the measure. (Buffington t4heeL Co. V. Burnham; 60 Iowa 493, 496 „ 15 N.W. 282 (1883). The rule-of .the _ Buffington case appears to now be,codified 'as Chapter 362:6,- 1975 Code of Iowa. This statutory section appears to be an attempt by the legislature to obviate': the holding in Wilson-v.-City of Iowa City, 165 N.W. 2d 813 820 (1969 it was _.held _:that the action of-the council was-void if a�votin .council member had a conflict of interest, even if that member's tote was 'not gdeterminative of•t.he issue. If Mr. Vevera were on the Council and an employee; ;there might -.be a- numberofmat-ters in which he could be said tohave -an --interest. - Since the questions surrounding Mr.:Vevera's status have important consequences - for the validity of the acts of the City, it is my recommendation-that:the City seek -a judicial determination on the question as to whether he is an employee of the City. While I have not investigated the Procedure 'thoroughly, _I believe a .declaratory judgment action to be the appropriate vehicle for answering the question. - - I apologize that Ihave not given you a.more definitive answer to this question ._. Sincerely yours,_..- bert H. Aowlin -- - 7,ssistant City Attorney RHB:mbm r "` cc: Neal Berlin,.. City Manager _ Anatolij Rushnir, Asst. City Attorney ■ rd.. Dec; 20, 197 ti"�.. v km o-3 /n (a .� li, Beverly Hills finds it's not Immune to money troubles Ily KENNETH REICH ulOf In ♦m�ln Tlmn - ". .,- HILLS, -. CALIF. Early Retirements --- --' -- - - `" -BEVERLY — Beverly.Ilills, a city fabled -. Several ranking ci(y alaff ' Beverly Hills offers its erally held view .among the for Its wealth, is in fiscal members have, indeed, citizens a number of services officials, Councilman Richard trouble. - _ recently taken early--retirr1that are only dreamed of in A. Slone declared, "I don't Facing a budget deficit next mems, or -left for other jobs. most other .communities —in- really ( believe we're In, .a year estimated by- Mayor Assessments" of where Bev. eluding heavily subsidized day crisis, but I thlnk'_we've sud- Ceorge Slaff at $2.2 million. erly Hills stands naturally care for 90 children whose denly`found- that`the city of city.;_ officials are.. exploring vary. It is incorrect, most city parents earn less than $12,000 Beverly Hills- is? not immune - cutbacks in mowing the lawns I council members insist, to say a 'year, an extensive senior from the problems other com- im thr_community's,hitherto; that the city is In a fiscal citizens program for which in- munities have. immaculate parks. ; crisis, - because bonded in- divldual parlicipantsipay only "We'll just .have to deal - T h e y are prof using , to debledness is low and the i31, a year, -a (;350,000-a•year with them," he i said In an sweep street% and 'Irlm trees• means are al'hand lo. collect paramedic program and play - ihlervicw, "avilh' belt -light- less often, pare the. already, substantially "increased Ifeve. ground recreational programs slightly reduced t number of . nues• that do not begin to, be self. ening efficiency in the munici- _ city personnel further and put But the "five-year curve," sustaining. pal departments,`eutbacks In such traditional "' municipally, the long-range projections, are Expensive Pool luxuries, and higher taxed' sponsored activities as lawn t bowling on a self-sustaining not good. Beverly Hills will be i Morgan told'. the council - Compared to'.most -other ` I basis. to able, .with some sacrifice. balance recently, for example,; that municipalities .in`' this area, But city council members' its; budget next year and the year, following, but If only about 1,200. persons use a al the Beverly Hills property ,lax already have been told resent munici p swimming pool that rale tion)i pdr sed -that when all the "acceptable" ,. P a governmental and 1 inflationary costs the 0 can valuation) is ,butthis can - cuts are enacted, expenditures be :genera trends continue it is unclear and from operate. and from which it: re- it, re- alizes only $8,000 in revenue. leave a deceptive: impression deceptive impression because, due to the extremely ' may reduced by only &500,000 or, at the - most, to city officials howit will Now, The city faces large ex- -� high; value' of land in the city 5a txxt. manage to make ends meet in nditures to brio the and ed real estate mar - Higher Fees? • . - the long run. ' i Mayor Slaff, who up to county health standards. kat there, appraised values by 'county wrote a Instead," council'.members are theassessor are quite _ The prospect, in short is for `six-page "memo - to his col- talking about closing it. high: ° - sharply increased \ taxes or leagues in city government In 'early '•_General : i n f 1 a t f o nary In other words, the owner of special chnrges in commu• November laying out trends have hit Beverly Hills a house in Beverly, Hills may - - nity that -. has always' prided the budgetary _ problems,was " hard, just -as ° they.;have ""all be paying more taxes than the, _ ' itself on its low taxes and its high quality of municipal asked recently in an interview' other segments of society. l owner of a similar home else-' services — perhaps $1.25 mil - about this long-term prospect. •Federal 'and slale•man- where, even though the prop - I f o n in refusq collection "It's aveiy fair'queslion to dated procedures, including a crtyI X rate may -be lower. in ' charges charges for what Is now a pose," he responded, "and great deal of statistics gather- Beverly Iiills. service, g perhaps higher don't know the answer. Some. in have been costingthe cit City; officials'say, in any business license fees and per- how or another, man seems to more and more mos City Y• Y event, that sentiment against --- haps the maximum per- adapt,' _ _-� officials express the view that tax increasesis probably just miscible 13 -cent - increase in Morgan answering . the l many of the - statistics . they as strong in Beverly Hills as the propertyetax rate. , same question, said, -- "The, gather are not -cven"read b in less affluent communities., ' The .1975-76 -Beverly )fill,; _- curve forgovernmcnlis`not those who requested them. - _Y °q -. Also, the are.-takin the Y _ g . - '- budget is $13,971,8.58.- Proj•�good anywhere."•.In recent.. years environ.. troubles seriously. andbudget ected, .this would be about - mentally inclined council planning for the next fiscal SI8.8 million next year. Contributing Factors - - --.. members have ado pled severe year. has begun several Already, it has been decided what has gone wrong In Bev- restrictions on high-rise' build- months earlier; than .usual to that parking meter rates will erly Hills? City officials dif- Ings, and high-density, apart. give' time for: lengthy con%id- --- be doubled after Jan. I for a fer, but these factors emerge mints In the city and building %ration of the Issues involved:: projected annual revenue in. as either definitely orproba•j has come to :a: virtual halt - More such discussion -last crease of more than $w,ofio. bly contribuilry:' along .Wilshire Blvd.,; where month;' Councilwoman Donna "Preserve Uniqueness" • A liberal_ pension plan - three stories is now the height Ellman declared, "i 'don't City Manager. George Mor- which allows police and fire- limit in the city.; " know how important it is for ganpromises to;;."preserve men to retire: at age 50 and : While Staff has insisted that the city of;Beverly Hills to - - those things that make Bever. all other city employes at age new buildings cost the city have its own jail." iv Hills a, unique community 60 and contains a "widow's more in money for 'services "P re s f f g e,',': - resopnded . in which to live and shop, to conlinbance"-' feature giving than they provide In new Lax _Councilman Charles Aronberg, ; keep the characteristics that widows_ the full benefits as revenues, others believe the who:wants to cut backs in differentiate -. ,Beverly ,: Hills Jong- as they live -- was building. restrictions 'are im- many "areas but; spend :_more from Los Angeles and other adopted by the voters_ last practical and have intensified on the police department., areas in the Los Angeles Ba- year by an 85 per mar- the pity's. fiscal troubles. • --.: ..:."I think it may, be time'for sin." gin. gin. it stands to cost the city Not Immune =- the city of Beverly Hills' to But a veteran civil servant at least $500,000 a year, and Summing up the most gen- live without prestige," Ellman in the city; who asked not to some estimates go as high as rejoined. "There are .some h e identified, mused last $850,000 in the near future. _- I things we can't afford any i week: Now council members who more.", - "It intrigues me to think of backed the plan concede that -: Beverly Ifills,_;,the garden its financial implications were spot, renowned for Its fine not well understood. And one style, iia shopping, and now member remarked ruefully! that image will - melt -away that city.. officials have - since like he snow and it will just become aware lhatpolice di - lip another city. vorce-_rates are high,". that - - "tlnm you start cutting like many police `officers marry' Morgan is, once the lawns are much younger women and - not maintained as well and that some of the widows may the: trees aren't trimmed and survive them by 40 years or the leaves aren't removed more. from the parks and the staff - - r - -;• `�' " is cut, what will happen to the morale of those employes who - are left? Maybd-they'll work - - 'harder. but maybe they'll say, "i'To hell with it.'., lip INFORMAL; COUNCILDISCUSSION JANUARY 5, 1976 1.30 PIM. The Iowa City City Council met ,in informal session.on the 5th day of January, 1976, 1:30 at P-M- in the Conference Room;;- at the Civic Center. Councilmembera present were: Neuhauser; Vevera, Selzer, deProsse, Foster,, Balmer,;Perret- Staffinembers present: Berlin, Stolfus, Hayek, Strabala. Mayor Neuhauser presiding. Mayor Neuhauser an the meeting of the ncey Con Cit Citfere. Board in the Council Chambers of the Civic Center-c00 fere on January 7, 1976. Council ofoffering to'.attend were Selzer, Vevera,,Foster ..-and Neuhauser. if there ,She"asked were: any questions about the agenda for the 6th. It was suggested' that on rezoning legal descriptions, the; location be;a stated'-in layman's terms, and maps be explained to the Council.',-.The City Manager explained'a new process concerning Staff reports. Zoning matters will not come to .Council until the'first:time;Council'is' required to 'take any action on,them:= ' The Mayor pointed out that Council needed to discuss the a Commission, and to, the Planningpandn tomprehensivenPlanning ' gentsning committee. As Neuhauser's appointment continues,' Council needs • to appoint-5 members- deProsse, Peiret,.Vevera will serve] `- alternates - would be Balmer, Foster, and Selzer. Council decided - to go through the application process for the two citizen appoint- ments. For, the Comprehensive Plan it was decided that Perret, deProase, and Neuhauser would serve and report back'-to Council:. In answer to the-inquiry if there was a University represents-'- tive,'the City Manager :noted that hecould'discuss this ;issue at his meeting i -omAller With -George Chambers tomorrow- Council decided to'; Tom Aller from Cedar Rapids; for: discussion. of ..the Cedar Rap Cedar Rapids'Steering Committee;proceas evening-on:January=.22nd `in thei Concerning the meeting with Old Capitol Associates for dis-. cussion of information on the financial and_-corporate structure. of the proposal for Plaza Centre I, it was the coraensus-' of e Council to not have special meetings with OCA, but to'have:the discussions -at_informal session when-.necessary. .The .City Mana- ger called attention to the fact that the vote for Mayor-has not been .released; this has been questioned to as legality,,and if the vote was correct. He advised that he and theCity Clerk were asking that the total vote:be released., The:' Mayor asked if anyone did not want the totals released-' No one spoke.-The Clerk announced that the .vote was Neuhauser - 5, deProsse - 2- Council discussed the operating procedure for-Councii.meet- ings, including abolishing the aecond_publicf • hearing, and=setting „ a time limit `for each citizen's—presentation. The Mayor`sug— gested; 'a handout of. the notice. of procedure.' The-consensus to was eliminate the second. public discussion,`and to .try cedure of notice pro- ,'the to the City Clerk that�a citizen ;plans -to speak • Page 2 council Discussion January., 5, .1976 on an item "not on the agenda, and to set a five-minute time limit;' It was also suggested that a calendar of when issues were going to come up be set up in the lobby. The _City Manager announced thata person should be named as.': contact person for`.the City Spirit: Grant ;,group.- Neuhauser offered to be; the contact_person. Selzer questioned what'. was happening concerning the ideas he presented previously. Hethat Council concur, abolish or modify. The City Manager noted that the most critical ones dealt with the budget, which have -be en:, reviewed with the Department Heads, and.will.be-included-as part of their submission'. with the budget.; There are three categories: (1) items in the budget, major program areas, which`.could modify current level of service or would increase current level`•ofser- `vice, (2)- changes or additions of service in 5 categories; those. required by law.(OSHA,:Overtime, Legal), those required., -by a pre - vious"decision of Council (contract,;Ordinance),'those required ` to maintain an existing level of service,':(inflation, labor cont.),; those programs that Department Heads would :like to do and those '_ that do ,not fit in the other categories, (3) how Department Heads. j• can operate their departments more efficiently, effectively, and. , economically next year. He did:not..askthem to_reduce:.their --,budgets,- as they had been asked to do:this,.for the last part .of this fiscal year. -- The ,briefing document will be`ead about three weeks, and any changes from the :bud eta wi g presented be ' ,will identified. There, will -be two meetings on Management By'Objec= tives'with Jude West, one with Council,'one',with Staff..:;Athird and later sessions with Barb Ettleaon and.West will deal with roles and relationships between'.Council/Manager/Staff/Commission.:- The Staff was requested to schedule these a's soon as possible.`; Regarding the University Heights; Contract, the"City;.Manager called attention to his memo written on Friday_ to.indicate _the, current status of`the arrangements, and,the`altern'atives_'he`and the City Attorney had discussed. He -asked the -present City Council to reaffirm the 'action 'which ''theManager, vias, directed _ to take in July, to state that the City of Iowa Ci tywas not'in- terested in providing services to the City of University Heights after the expiration of ;the current contract on December'31,:1977` observations made were: University Heights did not raisetheir ."6; -tax-levies;.notice of termination has` -to be?given'prior`toJanu- ary 31 ;of the year 'prior -to the;year in which the agreement is to terminate; Iowa'City citizens do not get ,to pick and choose which services they wish to pay ;for;; the -last annexatiofi'election.f University Heights was in 1965;'2 concerns of University Heights control 'do are over zoning,"and widening :of;Melrose'Avenue;: they. not for ' pay any bus services; and if University: Heights does< not pay on time for,the services, can Iowadrop the contract?;` z ." 4_ Council Discussion Page January 5; 1976 ;. Attorney Bowlin'6 letter. He reviewed action taken when: the Vevera'discharge was appealed to the -Civil Service:.Commission, and commented that he thought the Civil Service Commission had tried to_please both -sides, and pointed out his letter to the police Pension Board of July 22,„1975. He commented that we would have to be careful when there are close votes -on im- portant issues. only when Vevera applies for his pension in the Civil, February,' 1977, will the question of -_the viability -of Service Commission decision become an'iasue. Under Chapter 4116'of the State 'Code ;;a leave of absence can only be,counted up to one month induration, etc. Hayek noted that Vevera could attention to personnel state he is not an' employee. Vevera`;called rules -and regulations 'on -Page '25 and,posaible conflict with -the . Charter. He stated that he was sorry. it happened, but hewould not sign away the right to his pension. A decision from the -months Council also dis- Court "could -take from 6 to a, year. cussed the proposed City payment of counsel for Vevera.. Hayek asked to have time to discuss with Attorney; Bartley. and.come back with a procedure that will serve to get this mat- ter "decided in the courts. Heroffered to ;put together ,a pro- posed petition for declaratory ,=judgment.for..discussion.next . Tuesday by Council, which would raise all questions that could clear • reasonably be brought up. He -advised that there were `no it would legal guidelines :for the ,question of -Council fees, and; be a policy; question by;:Council if they wanted to pay.the fees Hayek stated that the Pension Board has the legal funds to.em- ploy; - their 'own counsel, and the City`Attorney'..although ;he is 'Board, Council legal adviser to;the`Penaion, , represents the, majority. 'Although it was his -opinion that Vebera is not an do;nothing, employee, he noted that`one alternative could bei o a suit broughE by '.;private but until it was _decided :(possibly citizen --' could cost $2,000 or more) ,;the 'City ,A City a potential time -bomb. -Hayek cautioned against more questioning. It' -was the consensus of the 'Council to have the petition fore declaratory judgment-prepared''and Council will reserve until consideration of the petition. judgment on the fee question Councilman Selzer asked that Information and Referral -and Uni ed Way,'s'past`and proposed budgeta'be;;forwarded toCouncl- members, 'After. -discussion it was the consensus of Council that the:Executive<Board` - May or-Neuhauser serve as Council's member to of `the Regional Planning Commission. It was moved by Selzer and seconded by deProsse to adjourn for executive session to discussappointments to: theParks an, Recreation commission and the Board of; Plumbers Examiners.` .Upon roll call Balmer, deProsse, Poster,!Neuhauser, Perret;'_SelZer, • and :Vevera` voted -"aye". Motion carried. Meeting adjourned,. 5:10 P.M. 0,0*6 WO 0 Wo 0 we o o 44%4440- sit o 6,mf o 0: 6, 0