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Home My WebLink About1977-06-07 Regular Meeting�I I01YA CITY CITY COUNCIL AGENDA r i ,r t- ' n J, f � Ott,* i 6. lu 4i +n! c d r . COUNCIL h�EI'ING OF JUNK 7 REGULAR QJ , 1977 r. 7:30 P.M. COUNCIL,CHAMER$, CIVIC CENTER I 410 EAST WASHINGTON 1158 -17.13 1 1��eK u:' °. R 0 L L C A L L June 7,1977 Regular CounclI MEETING OF pRESENT ABSENT s � I BALMER � I p dePROSSE p1: I! ST FO ER , u NEUHAUSER c PERRET i f V i SELZER ------------ rt I, VEVE RA r } I 4 A i i i I MINUTES OF OFFICIAL ACTIONS OF"COUNCIL JUNE 7, 1977 The cost of publishing the following', proceedings & claims is $ Cumulative cost for this cal- endar year for sada publication is $ Iowa City Council, reg. meeting, 677777, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret,'Selzer Vevera. Absent: Neuhauser. 'Mayor Pro tem deProsse presiding. Mayor Pro`tem deProsse introduced Connie Echternach, Johnson Co. Human Servs. planner. Kenneth Kinyon reported that VFW Post 3949 wants an airplane returned to the airport. Willard Freed appeared for VFW Post 2581 and noted their 'concurrence. Irvin Pfab voiced coned re difficulty seeing the traffic light on Dodge', coming so. at Market. The City Mgr. will investigate the problem.', Agnes Kuhn appeared'concerning the problem of inadequate housing Iowa in City and expressed concern over Y p Council s decision at Informal Session and requested ' that''they,reconsider. David Smithers read letter - re opposition to parking ramp and desire'dto'keep ' mini-parks Councilman Vevera responded to the issues presented. Ronald Osbourne appeared cone. need for public hearing on ,issue of whether or not to have public housing.; Mayor pro tem deProsse , advised that there would be an attempt; to seta ' public hearing later. a, Moved by Perret, seconded by Vevera, that the following items & recomms.on; the Consent Calendar , beapproved and/or adoptedlas'presented: Approval of off.: action, reg. 'Council meeting,'5/24/17, subject to correction, as F'. recomn. by City;Clerk. Minutes of Bids. & Comms.: Comprehensive Plan Coord. Comm. '- 3/28/77:&:5/20/77; Resources y Conserv.,,Conm. - 5/24/77; UAY 8d. -,5/16/77. Permit Res. Bk.''40, as recomm. by,City 'Clerk: Res. X77-173,' p. 337, Approving Class B'Beer Permitapplication and Res.- p77-174, i, 338 A rovi a n 'C1 ss B Beer Sunda Sales p , .PP 9 Y. Permit applicationfor The Best Steak House. Res. N77-175, p. 339, Approving' Class C Beer F Permit application.for Walgreen Co.,1646 ,ry camore. Res. #77,-!176, it Yp.; 340, Approving C1ass;C;-Liquor Control, License Application ' for American Legion Post N11. ' Correspondence: Paul Long & Robt. Welsh, First Christian Church,re housing for elderly C 6. ;•��•` &'.'handicapped,-. referred to City Mgr. .. Mary Icken; teacher at Shimek School, re letters from children cone: Hickory Hill Park. Public's Hearings: i Res. N77-177, Res. Bk. i" , 40, p.; 341, Setting Public Hearing on 6/21/77 on Amending FY77 Budget Ending 6/30/77 and pl,ii motion setting. public hearing on 6/21/77 for vacation of so. 120' of`alley _between Dubuque & Linn Sts. on no. side of Prentiss St.. Affirmative roll call vote unanimous, ,6/O Neuhauser absent. ..E.., i PROJ., ESTABLISHING', AMOUNT OF BID SECURITY DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME & PLACE FOR RECEIPT OF BIDS, AS 6/21. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Vevera, seconded by Selzer, that the ORD. AMENDING ORD. '076-2801 BY PROVIDING FOR THE ESTABLISHMENT OF CERTAIN FEES WITH REGARD TO WATER SERV. WHICH HAS BEEN DISCONTINUED PURSUANT TO ORD. N77=2801 be'passed and adopted.Negative roll ' call vote unanimous, 6/0, Neuhauser absent. A discrepancy was discovered in the 'Ord.; therefore, a corrected Ord. will be submitted for consideration at. a Tater; date. Moved by Foster, seconded by Selzer, that the ORD.'AMENDING ZONING ORD. 2238 BY CHANGING USE ' REGS. FOR CERTAIN PROPERTY FROM C2 ZONE TO R3B ZONE.! Vogel request, be considered and given 2nd vote for passage.Affirmative roll 'call vote unanimous, 6/0,'Neuhauser absent. Moved by Foster, seconded by,Perret, to defer' the'2nd consideration 'of,'ORD. AMENDING THE MUN. ,. CODE OF THE CITY, BY PROVIDING FOR COMPREHENSIVE ` REG:'; OF TAXICABS WITHIN THE CITY AND REPEALING MUN.:CODE 67:I THROUGH 67.14 (CHAP. 5.16 OF THE: MUN.,CODE OF;IOWA CITY) for 1 week. Motion carried, 6/0,',Neuhauser 'absent. ' ov y Sel r, secon e .eferJ. Moved Selzer seconded Perret,to d the RES. T0'APPROVE PREL. & FINAL PLAT OF LOVETINSKY ` SUBDIVISION indefinitely. Motion carried, 6/01 i w Neuhauser absent. ' .Moved by Perret, seconded by Vevera, to adopt RES #77 -181, -:Res. Bk.'40, pp. ,348=349, APPROVING PLANS,:SPECIFICATION> CONTRACT4 ESTIMATED COST FOR ,THE;CONSTRUCTION OFr5 STORM WATER MANAGEMENT' PRODS( 'INRALSTON CREEK, & ADV: ' FOR BIDS Jor S; 6/30/77: Affirmative roll call vote unanimous, 6/0, Neuhauser absent. i Moved by; Foster,i:seconded by'Perret, to adopt RES. N77-182,Res. Bk.40, p., 350,: AUTHORIZING { CITY OF IOWA CITY TO PURSUE AI HOUSING REHABILITA- TIONIPROG., Affirmative roll call vote unanimous, 16/0 „ Neuhauser absent.': - ,.,. Moved by Selzer, seconded by Foster, to adopt RES. 1177-183, 'Res. Bk. 40, p. 351, ACCEPTING POLICEILOCKER,ROOM FACILITIES, as constructed by 1 ' BurgerConstr.';Co. Affirmative roll call;, vote unanimous, 6/0, Neuhauser.absent. Moved by Selzer, seconded, by Balmer,, to adopt, RES.I'H77-184,IRes. Bk. 40, p:'352, ACCEPTING (SANITARY SEWER IMPROVEMENTS IN:BRYN MAWR ADDS. 8, ,. 9, &>10. Affirmative roll call vote unanimous, 6/0,I.Neuhauserabsent.''. ;i Moved by Balmer, seconded by Foster, to adopt-- RES.'k77-185,' Res. Bk; 40, p. 353, ACCEPTING SANITARY SEWER &'PAVING IN TRACY'LANE ADD. as rv, constructed by Knowling'Bros. and Metro'Pavers ra respectively. 'Affirmative roll call vote unanimous, 6/0,'Neuhauser'absent. Moved by Selzer, seconded by Foster,:to adopt ,,. RES. #77-186, Res. Bk. 40, p. :354, ACCEPTING y In response to Councilman Selzer's question, the City Manager advised that there had been no response from Project. Green on replacement of the jet at the airport. ,Bob Kleese voiced his concerns. Councildiscussed availability of replacements and noted that salvage rights would be a matter for— the legal department to address. Council will be i. requesting that the Subcommittee for Replacement 4 take °minutes °of'their meetings and forward them, to Council. Moved by Selzer, seconded', by Foster to adopt RES. N77-178, Res. Bk: 40, p. 342, APPROVING PREL. PLAT FOR COURT HILL -SCOTT BLVD. PART V, subject to '= minor deficiencies. Affirmative roll call vote " was unanimous, 6/0, Neuhauser absent. Moved by-Vevera, seconded'; by Foster to adopt +" RES. #77-179,%,Res. Bk.''40, P. 343-345, AUTHORIZING MAYOR TO EXECUTE AND THE CITY CLERK TO SIGN AN ACKNOWLEDGEMENT OF AN OPTION TO PURCHASE THE FORMER POST ,OFF. WHICH IS PRESENTLY OWNED.BY THE ` U.S. 's POSTAL SERV. Affirmative roll call vote was, „ unanimous, 6/0, Neuhauser absent. Moved by_Perret and seconded by Foster, that a' public hearing be set for the purpose of obtaining public input on the proposition that the City of.r Iowa City, Iowa participate in a` Public' Housing t Prog. pursuant to the U!S. Housing Act of; 1937, ' said `•public 'hearing ;to be held on 6/28/77, at`.7c30 P.M. in the Council Chambers at the Civic Center, and the City Clerk was directed to publish notice'. ,of said hearing'at least 15 days>prior to 6/28/77. Motion.carried, 4/2, Selzer and Vevera voting ' 'no' -`City Mgr'.'Berlin ''asked 'for a clarification L on the,num6er,of votes for authorization' to submit the application which will be on 6/14 agenda. Three Councilmembers still opposed submitting an application', so'the Mayor will be called back to ``r attend,.the meeting on the 14th. i. City Manager 'Berlin:.advised-that after Council' deferred 'action 'on the Conway Subd., the developer,, F questioned the legal authority. 'Council' decided to discuss the sewer capacity at the next informal " „ meeting. City Attorney John Hayek explained the Federal' Court'Jury award of $69,159 to Korshoj Constr. They had sued ;'for $620;000,conc. constr. in 1971 I for the Sewage Treatment Plant expansion. He will recommend and; Council will discuss future action y; � at an; executive session next Monday. Betty Gerber appeared stating she was 'a satisfied customer of the Cab Company. .'Mayor Pro tem deProsse explained action at informal session, noting that the second reading of, the ord would be deferred. Mayor Pro 'tem deProsse opened the public hearing i on the'FY78 Asphalt Resurfacing Proj. 'There being rF no one'' present' to, speak, the hearing closed. Moved by Balmer, seconded by; Foster, to adopt RES'. N77-180,-Res.Bk. 40, -pp. 346-347, APPROVING PLANS,' SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTR. OF FY78 ASPHALT ' PAVING IMPROVEMENTS IN HAMM 2ND ADD. as constructed by Metro Pavers. Affirmative roll call vote unanimous'6/0, Neuhauser'absent. Moved by, Balmer, seconded by Foster, to approve the application from rA-IL Gas & Elec. Co. for overhead constr.''on hwy. r -o -w at airport. Motion carried, 5/1,,Perret voting 'no' and Neuhauser absent. Charles Ruppert, 1406 N. Dubuque Rd., appeared regarding putting ground back & seeding, it after constr.'projects. Moved by Balmer, seconded by Foster, to approve the application from', Northwestern Be1L Telephone for underground constr: on hwy. r -o -w Howard ' ,by Johnson's. Motion carried, 6/0, Neuhauser absent. r : Moved by Balmer, seconded by Selzer; to approve the application from the City of Iowa City for constr. on hwy. r -o -w for installation of lighting cable 'on"Westlawn Curve. Motion carried, , 6 0 Neuhauser'absent. Moved by Balmer, seconded by Foster, to adjourn the meeting. :Motion 'carried, 6/0. ,(9:00 P.M.) A more, complete', description of Council activities "the is'on file in. office of the City Clerk. s/CAROL'dePROSSE,'MAYOR PRO TEM 1.I s/ABBIE STOLFUS, C TY CLERK 6/21/77 G�k r: I s.f S,g 1 J t I a.' I I IF zl i V I I, j, i �, It i i nl i li. A �� COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 7, 1977 7:30 P.M. Iowa City Council, reg. meeting, 6/7/77, 7:30 P.M., at the Civic Center. Councilmembers present: Balmer, deProsse, Foster, Perret, Selzer, Vevera. Absent: Neuhauser. Mayor Pro tem deProsse presiding. Mayor .Pro tem deProsse introduced Connie Echternach, Johnson Co. Human Servs. planner. Kenneth Kinyon, 1628 Hollywood Blvd., reported that VFW Post 3949 wants an airplane returned to the airport. Willard reed, 516 S. Gilbert, appeared for VFW Post 2581 and noted their concur- rence. :Irvin Pfab, 1610 Rochester, voiced cont. re difficulty seeing the traffic light on Dodge coming south at Market. The City Mgr. will investigate the problem. Agnes'Kuhn, 1185 E. Jefferson, appeared concern ing the problem of inadequate housing in Iowa City and expressed concern over Council's decision at Informal Session and requested that they reconsider. David Smithers,1810 Calvin Court, read letter re opposition to parking ramp'and desire to keep mini-parks. Councilman Vevera responded to the issues presented Ron'ald'Osbourne,'.120 N. Dubuque, appeared cone- need for public hearing on issue of whether or not to have public housing. Mayor Pro tem deProsse advised that there would be an attempt to set a public hearing later. X15 Moved by Perret, seconded by Vevera, that the following items & recomms. on'the Consent Calendar be approved and/or adopted as presented: Approval of off. action, reg. Council meeting, 5/24/77, subject to correction, as'recomnc by City; Clerk. �7 III Minutes of'Bds. &Comms.: Comprehensive Plan Coord. Comm. - 1/ 54 3/28/77 &'5/20/77;;Resources Conservation Comm. -,5/24/77; UAY 1160 Bd. 5/16/77. Permit Res. Bk. 40, as recomm. by City Clerk: Res. #77-173, p. 337,,Approving Class B Beer Permit application and Res. N77-174; P. 1/62 338, Approving Class'B Beer Sunday Sales ,Permit application for Ik Best Steak House.: Res. N77-175, p. 339, Approving Class C.Beer —r Permit application -for Walgreen Co., 1646 Sycamore. Res. #77-176, / 63 p., 340, Approving ,Class C Liquor Control License Application for /` y American Legion Post N17 (Roy,: L. Chopek). Correspondence: Paul Long & Robt. Welsh, First Christian Church, re Housing for elderly & handicapped, referred'to City Mgr. Mary L. cken, teacher at Shimek School, re' letters' from children'conc. 1166 Hickory Hill Park. Public Hearings: Res. #77-177, Res. Bk. 40, p. 341, Setting Public Hearing on 6/21/77 on Amending EY77 Budget Ending 6/30/77' 1167 and motion setting public hearing on 6/21/77 for Vacation of so. Y/ 6 120'; of alley between Dubuque & Linn Sts. on no. side of Prentiss ri St. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Mayor Pro tem deProsse formally announced the above public hearings, and she proclaimed the week of 6/6-12/77 as Area Homebuilders Week. ! G • 7 e e 7,, Page 2 Activities' 1977 Council noted the Resources Conservation Comm.'s recomm. that Council defer action on the air conditioning study until the Comm. has reviewed �/ TO the report. In response to Councilman Selzer's question, the City Manager advised j that there had been no response from Project Green on replacement of the jet at the airport. Bob Kleese, 2220 A St., voiced his concerns. Council discussedavailability of replacements and noted that salvage rights would be a matter for the legal department to address. Council will be requesting that the Subcommittee for Replacement take minutes of theirimeetings and forward them to Council. Councilman'Vevera who will be attending ,a conference in Tucson will investigate availability of a 1171 plane'from the air force base there. Moved', by Selzer, seconded by Foster'to adopt RES. #77-178, Res. Bk. 40, p. 342, APPROVING THE; PRELIMINARY PLAT FOR COURT HILL -SCOTT BLVD. PART V, subject to correction of minor deficiencies. Affirmative roll //72 call'vote' was unanimous, :6/0,'Neuhauser absent. Moved by Vevera, seconded by Foster to adopt RES. N77-179; Res. Bk. 40, p. 343-345, AUTHORIZING MAYOR TO EXECUTE AND THE CITY CLERK TO SIGN AN ACKNOWLEDGEMENT OF AN OPTION' TO PURCHASE' THE FORMER POST OFFICE WHICH •' IS PRESENTLY OWNED BY THE UNITED STATES POSTAL SERVICE. Affirmative ' roll call vote was unanimous, 6/0, Neuhauser',absent:' - 1173 Councilman Perret reported that he had called Mayor Neuhauser, and she advised she would support public housing', and would return from ,vacation,'if necessary, to 'vote. on the :issue:. It was moved by Perret and 'seconded -by , Foster; that a;puolic hearing:be set for the purpose of obtaining public input on the proposition: that the City of Iowa City, -i Iowa participate in'a Public Housing Program, pursuant to the United States Housing Act of 1937; said public hearing to be held on 6/28/77, at 7:30 P.M. in the Council Chambers at the Civic Center, and the City Clerk was directed to publish notice of said',hearing at least 15 days " prior'to 6/28/77. - Motion carried, 4/2, Selzer and Vevera,voting 'no'. City Mgr: Berlin asked 'for .a clarification, on the number of 'votes for • authorizationto,submit the application which will be on 6/14 agenda. Thr members still opposed submitting an application; so the Mayor will be ',called back to attend the meeting on the 14th., 11741 Councilman Perret called attention to the tour of the John Deere --. Incinerator°Plant -in Dubuque on 7/8, sponsored by Mayor, Meyers of Coral- vill,e; and stated he would attend. He will also make the Resources Conservation Comm. aware of the tour. According,to House File 210. adopted,,by the last legislature, 3, Iowa City Councilmembers are to be, appointed to the Johnson County Land Use Policy Comm. This will be discussed at the next informal Council meeting. 'Perret volunteered to 1175 serve. City'Manager Berlin advised that after Council deferred action on the Conway Subdivision, the developer questioned the ,legal authority. He also'advised that it would be difficult for the City, to sustain their position, and asked that reconsider their position. 'Council ,Council decided to discuss the sewer capacity at the next informal meeting. 1176 i cil Activities fie 7, 1977 Page 3 City Attorney John Hayek explained the Federal Court Jury award of $69,159 to Korshoj Constr. They had sued for $620,000 concerning con- struction in 1971 for the Sewage Treatment Plant expansion. He will recommend and Council will discuss future action at an executive session 1177 next Monday. I Betty Gerber appeared stating she was a satisfied customer of the Cab Company. Mayor Pro tem deProsse explainedaction at informal session, noting that the second reading of the ordinance would be deferred. 1179 Mayor Pro tem deProsse opened the public hearing on the FY78 Asphalt Resurfacing Proj. There being no one present to speak, the hearing closed. Moved by;Balmer,'seconded by Foster, to adopt RES. N77-180, Res: Bk. 40, pp. 346-347, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT: AND ESTIMATE OF 'COST FOR THE CONSTR. OF FY78 ASPHALT PROJ., ESTABLISHING AMOUNT OF BID SECURITY DIRECTING CITY CLERK TO PUBLISH' NOTICE TO BIDDERS . AND FIXING TIME & PLACE FOR RECEIPT OF BIDS, AS AffiFinative'roll call vote' unanimous, 6/0, Neuhauser absent. Councilman Foster pointed out that,Magowan Ave. was added to the proj., and it �/ 79 would need more than overlay. 'Moved by Vevera, seconded by Selzer, that the ORD. AMENDING ORD. N76- 2801 BY PROVIDING':FOR THE ESTABLISHMENT OF CERTAIN FEES 'WITH>REGARD TO WATER SERV. WHICH HAS BEEN.DISCONTINUED'PURSUANT;TO ORD. N77-2801 be passed and adopted. Negative roll call vote unanimous, 6/0, Neuhauser absent. 'A discrepancy was discovered in the Ord.; therefore, a corrected -; Ord,. will be submitted for consideration at a later date. .Moved the ORD. AMENDING ZONING Moved by Foster, seconded by Sal ORD. 2238 BY CHANGING USE REGS. FOR CERTAIN PROPERTY FROM C2 ZONE 70 R3B ZONE,: Vogel request, 'be 'considered 'and'given 2nd vote for passage. Affirmative roll"cal l vote unanimous, ',6/0,'Neuhauser absent.. Moved by Foster, seconded by Perret, to defer the 2nd consideration of.;ORD. AMENDING THE MUN. CODE OF.THE CITY BY PROVIDING FOR COMPREHENSIVE REG. OF TAXICABS WITHIN THE CITY AND REPEALING MUN.' CODE 67.1 THROUGH 67.14 (CHAP. 5.16 OF THE;MUN. CODE OF IOWA CITY) ford week.' Motion' carried, 6/0, Neuhauser absent. Moved by Selzer, seconded by Perret, to defer the RES. TO APPROVE PREL. & FINAL PLAT OF LOVETINSKY SUBDIVISION indefinitely. Motion carried, 6/0, Neuhauser absent. Moved by Perret, seconded by Vevera, to adopt RES. N77-181, Res. Bk. 40, pp. 348-349, APPROVING, PLANS, SPECIFICATION, CONTRACT & ESTIMATED COST FOR.THE CONSTRUCTION OF 5'STORM WATER MANAGEMENT PROJS.' IN RALSTON CREEK, & ADV. FOR BIDS for'I6/30/71.' Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Foster, seconded by Perret, to adopt RES. N77-182, Res'. Bk. 40, p. 350, AUTHORIZING CITY OF IOWA CITY TO PURSUE A HOUSING REHABILITA- TION PROG. Affirmative roll call vote unanimous, 6/0, Neuhauser.absent. // 8S II tncil Activities gyne 7, 1977 Page 4 Moved by Selzer„ seconded by Foster, to adopt RES: #77-183, Res. Bk. 40, P. 351, ACCEPTING POLICE LOCKER ROOM FACILITIES, as constructed by Burger Constr. Co. Affirmative roll call vote unanimous, 6/0, Neuhauser absent.' //86 Moved by Selzer, seconded by Balmer, to adopt RES. #77-184, Res. Bk. 40, p. 352, ACCEPTING SANITARY SEWER IMPROVEMENTS IN BRYN MAWR ADDS. 8, 9, & 10. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to adopt RES. #71-185, Res. Bk: 40, p:''353, ACCEPTING SANITARY SEWER & PAVING IN TRACY LANE ADD. as. constructed by Knowling Bros. and Metro Pavers respectively. Affirmative of call vote unanimous,'6 O, Neuhauser absent. roll/ Moved by Selzer, seconded by Foster, to adopt ,RES. #77-186, Res. Bk. 40, p.'354, ACCEPTING PAVING IMPROVEMENTS IN HAMM 2ND ADD. as constructed by Metro Pavers., Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to approve the application from IA-Ib Gas &,Elect Co. for overhead constr."on hwy., r-o-w at airport. M otion''carried' 5/1, Perret voting'no' and Neuhauser absent. Charles Ruppert, 1406 N. Dubuque Rd., appeared regarding putting ground back & seeding it afterconstr..',projects. The,City Mgr.'; advised there had been problems previously. Public Works will check holes at the end of Dubuque/190 Rd. Moved by!Balmer, seconded by Foster, to',approve the application from Northwestern Bell" Telephone for underground constr. on hwy. r-o-w by 9� Howard Johnson's. Motion'carried,'6/0, Neuhauser absent. Moved by Balmer., seconded by Selzer, to approve the application from the City of Iowa City for constr. on hwy. r-o-w for installation of lighting'cable 'on"Westlawn Curve.: Motion carried,' 6/0, Neuhauser absent. Moved by Balmer, seconded by Foster, to adjourn the meeting. Motion carried, 6/0. (9:00 P'.14:) CAROL dePROSSE, MAYOR PRO TEM ABBIE STOL'FUS, CITY CLERK' 77-18. co Mi Tae dad on # r P i. 'I City of Iowa lig ROUTING NUMBER - Index Ori inals -- Conies -other hieo.J)F (1 V L( 11Jt /J1 CL" L� JJ I�Ns Ale cv q �elcd lvieei Jtic P. U)• /84 Res Elle ✓ I�roJ �'le ✓ V pf6J rs -J %fes --- -i - -- ---- Meefj � ReS. Fl le. C.D. ✓ /L ' �3 lt�eell�r, Fu L ✓ P. , p le M� t vin( Al I e v RPsr e F v' P. W. ' ht 6f �es �e S✓�d.Nile 1/ .1 ✓ P. ltd ✓ ^,�.;�, /��G 2P5'.F�Ir � ori• ✓ /�•i�ed ✓ I,� �PEt�q / T •� e C.D. /q��" •MNC��i; is t' (/ 1'I wJn.r:. �' l'n;ff�1l To q1 c ✓ /�r�.Ge �:. v I AGP:M In RJ-TAl.Alt OOUNCII, MI-2-,Xl G JM- 7, 1977 7:30 P.M. Item No. 1 11i�GE,TTING TO ORDff{ ROLL CALL - 1,)au(,A usCv )M4e.1M wn•}eH X. P,,, c,aw Item No. 2 PUBLIC DISCUSSION �r,-�;,; •/ l•. {...�t nd :•n r n. n.. ..-.a i �U.1 .t.-r./a., (V •L..�.rLci ' v �� zl .L:' i/ z Q �J, /(' ,.-P P.�r•-!! : 1, r , .,... r„r //„is ' I P t.. VFW w' �i cCl.(-L2C,twCC_ . i. lri(✓Ih (F 1✓ !G/O lrr. �e�L(r_. )'I •>r e�rilg r/':. 111/li'. 4n :.f �,. - inn/ A. .�(�P",/ \r _� 1 ✓ 'r 7 � O—•ti• /I��n.. A, , 4 i {= e M R ;Item No. 3 MAYOR'S PROCLAMATION �, ., d r .. , - -A a. National Home Builders Assocation.i a Item No. 4 (MNSIDim ADOPTION OF 'nil: CONSENT CALENDAR AS PRFSEWED OR AMI -MID. a. Approval of official actions, regular Council meeting 5/24/77, d J sub'ect to correction as recomnended by City Clerk. b. Minutes of Boards and'Comnissions. ,I ,k (1) Comprehensive Planning Coordinating Conmittee meeting of - March 28 and May 20. (2)Resource Conservation Corrmission meeting of May 24. (3)' United Action for Youth hoard Meeting of May 16. i; C. Permit Resolutions as recounended by the City Clerk. (1) Consider resolution Approving Class BlBeer Permit Application it 7 17 > for Bill Mihalopoulos dba/Best Steak Rouse. ,i (2) ,Consider resolution Approving Class B Beer Sunday Sales I. Permit Application for Bill Mihalopoulos dba/Best Steak House. II I l_- n, C • Agenda ;.RegularCouncil. Meeting June 7, 1977 7:30 P.M. Page 2 (3)' Consider resolution Approving Class C Deer Permit Application for Walgreen Co., 1696 Sycamore. (9) Consider resolution Approving Class C Liquor Control License i Application for American Legion Roy L. Chopek Post #17. d. Correspondence. (1) Letter from Paul. Long and Robert Welsh, First Christian Church, concerning housing for elderly and handicapped. This letter has been referred to the City, Manager's office for reply. (2) Letter from Mary L. Icken, teacher at Shimek School, concerning Hickory Hill Park.' The Council received 10 letters from " school children. Copies of their letters are in the Council'IReading',file e. Setting Public Hearings. (1) ',Consider resolution setting public hearing on amending the FY77 budget ending, June 30, 1977. ' o�{ p �,•,.xr + Comment: It is recormmended by the Finance Director that the �1 Council, set June 21i,7:30 P.M. as the time 'for a public hearing onatamendments to the current operating budget. Detailed ��. !,,SQ \ informion on these amendments will be presented to Council at he a later; date. r (2) -Consider setting a public hearing on June 21, 1977,' for V77701,, the vacation, of the south 1201; of an alley between, Dubuque and Linn Streets on the north side of',Prentiss 13 Street; -and to retain a utility' easement'' over the`20-foot wide `alley. „1 Comment: The Planning,and Zoning Commission at a regular meeting held on May 19,'1977, recammended;by a 5-O vote �e u� approval of the vacation subject to the retention; of a ' utility easement This'recammendation is consistent with the Staff's recommendation presented in a Staff Report ` dated May 5, 1977, which was attached to the May 31 agenda. :r I/ a,ZZ- r�p /� . A ✓�,. �r ( Grt�.�nLi r is G�c MD OF ODNSSNr CAUMAR • • Agenda Item NO. 7 REPORT Ilegular'Council. Meeting June -7;',1.977 '7:30 P.M. F)age fl Item No. 5 RBOOMMIMATIONS'TO 711E CITY ODUNCIL: a. Consider recannendations of Resource Conservation Commission: I (1)lbat the Council defer action on the air conditioning study � l � �r X7 -r. � / w - until the Commission has had an opportunity to review the report. The Council previousl.y referred this matter to the Commission Item No. 6 CITY COUNCIL INPDRMATION (y-f.�l /i� 1. e. ✓ .r . n "'.� 4_r.l'.:.�... i,.� r_ r- �r_ .w-,.-..1:.-.�.. w��... C-r_s._. B. City Attorney i �� bj� LT1 • -, ,�: 'l 11 r-It-crv,,, F��.t..rr.Jr r1�•, n-�/ .� ii r �l /767 rri0h lei /=n n y /, n o e rr� 10 v u Item NO. 7 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY A77ORNEY A. City Manager, I Wim'• r /y.�iA..G s� � J'G/ �/ .C..1 /r./ � l � �r X7 -r. � / w - (y-f.�l /i� 1. e. ✓ .r . n "'.� 4_r.l'.:.�... i,.� r_ r- �r_ .w-,.-..1:.-.�.. w��... C-r_s._. B. City Attorney i �� bj� LT1 • -, ,�: 'l 11 r-It-crv,,, F��.t..rr.Jr r1�•, n-�/ .� ii r I L._-�"�C, va..✓ r� ru. _1/� r� I.i .rq I, it .r,�n.r a,... �a �� !, _J y �' I.: I �.. �: � _! I I' ... 1 �� '.� � ��' _ t. • • yn/ / ', �\jJJ nn �� 11 1J / r �� // , �, �i / +l f �,.. t. f.. I i _.. I.. �G. 1 fI .�< � ��i l,. �. � � f. i ��. f i } ..� �. 1 ', `. '� � '� � r •ii � n ., � i i ',e i x .._. � .... . � '. .. .:.; "'� .:i ._. I � [ q V �' ..._�i. i � I I 1 III '. II I .: � i 14 1 { l: I s,, �;.., `I ,I * r ,� � � � � F I __ �_.� � I r C' .1GrltGt C (r;�r,..� ��rY✓1.;,-(" !'�� :�c�,!a- 1 U I r I 1 I i� 11 41 I 1 J r ,I t �1* a.r I `I i 1 I � I r: I> ,I I I , 1{ I I s .._r.-. . .. ..i. i �I� I I 9 mal �,II tl aY Tr I I I, 81 II • • Agenda Regular Council Meeting June 7, 1977_ 7:30 P.M. Page 4 Item No. 8 : PUBLIC ]BARING FOR IY78 ASPHALT RESURFACING PROJECT, Comment: Attached is a list of the streets intended to be included in the FY78 Asphalt Project: The total budget for both asphalt overlay and chip seal is $220,000.00. i Action: G ( Item No. 9 CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF OAST FOR THE CONSTRUCTION OF FY78 ASPHALT PRQIECr -- - ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING may CLIIiX TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR ! RECEIPT OF BIDS ON JUNE 21, ,1977. Cornnent: See Item No. S. Action: bo Q. L', C a �o I �� a.g n N,' a .cel ri_ r �._, — `✓.e eil br,.ere- J Ibem No. 10 CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 76-2801 BY PROVIDING FOR `� THE ESTABLISHMENT OF CERTAIN FEES WITH REGARD TO WATER SERVICE WHICH X HAS BEEN DISCONTINUED PURSUANT TO ORDINANCE NO. 76-2801. (Passed and Adopted) Ccxnr?nt: _ A discrepancy has been discovered in the Ordinance. It is suggested the Council vote down this Ordinance. A corrected Ordinance will be submitted for consideration ata later date. Action: 4 T e V d )sA - '),,' e� c ��n 1` Item No. 11 CONSIDER AN ORDINANCE AM7INDING ZONING ORDINANCE 2238 BY CHANGING THE, USE REGULATIONS FROM A CERTAIN PROPERTY FROM C2 ZONE TO R3B ZONE. (second consideration) - Vc'.1zl Comment: The Planning and Zoning Commission,at a regular meeting held on April 21, 1977,; recorimended by a:6-0 vote approval of an application to rezone,a tract 'of'land'located north of Harrison 'Street, ,east of; Linn Street, and south of Court Street from a C2 Zone to an 11313 Zone. This recammendation is consistent with the staff's recommendation presented in:a Staff Report dated April 21,'1977, which was furnished with th agenda of May 31, 1977., Action: s r«d 'j,/ d Bio „ �� a QD')r L).1,dff r Ui V� r Agenda • • Regular Council Meeting June 7,:1977 ;'7:30 P.M. Page 5 Item No. 12 CONSIDER AN ORDINANCE AMENDING TIBC MUNICIPAL CODE OF THE CITY OF IO{YA CITY, IOWA,, BY PROVIDING FOR COMPREiENSIVE REGULATION OF TAXICABS WITHIN THE CITY OF IOIYA CITY, IOWA, AND REPEALING MUNICIPAL CODE 67.1 THROUGH 67.14 (CHAPTER 5,16 OF THE MUNICIPAL CODE OF ME, CITY OF IaVA CITY, IOWA). (second consideration) Comment: The City Council discussed this matter at the informal meeting on April 18,'1977. The ordinance presented was modified at the direction of the 'Council. A mem from Tony Kushnir was attached to the May 31 agenda which explains the proposed ordinance. r l�i,v 7 Action: -v I20:i, i Iter No. 13 CONSIDER RESOLUTION TO APPROVE S-7718, PRELIMINARY AND FINAL SUBDIVISION PLAT OF LOVETINSKY SUBDIVISION. X I ' T`��n This subdivision is located one and one-half miles south of Iona City I`^ on a'county road which would be a southerly extension of Scott Blvd. The Planning and Zoning Comnission'approved 'the subdivision„ subject to certain deficiencies and discrepancies, all of,which have been resolved. Action: j� I � '� 'l-41ro/Q' titr 01611l•-11 f r(;, r pIten,No: 14 CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS ,IODNIRACP''AND ESTIMATED ODST FOR THE 0ONSTRUCTION OF FIVE SIY)FiM WATER MANAGIIiEnTT PRO=4N RALSTON CREEK. Comnent: This resolution approves the Benton Street sewer location, the Iowa - Illinois storm water detention site;', the Johnson Street retaining wall', ' propject„ the Van Buren Street sewer location, and the Iowa Avenue siphon. Action: IIa,Q�h `i Item No. 15 CONSIDER A'RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO r7 /_��J PURSUE A HOUSING REHABILITATION PROGRAM. / „y Comment: The Council has reviewed the Housing Rehabilitation Program at various'infornial'sessions since October 1976. Now that the program financing details have been finalized, this resolution formally adopts the program and directs the staff to provide financial (grants, forgiveable loans; and low-interest loans) and technical (construction) „i assistance to eligible low and moderate income residents residing u , j„ J- Agenda Regular Council Meeting June, 7, '1977 '7:30 P.M. Page 6 • within the Neighborhood Redevelopment Program area. The Director of Housing and Inspection Services will carry out activities according to the Rehabilitation Financing Handbook. Copies of the handbook were included with the May 31 agenda. Action: �O `/ I 1 a2 1 O o—P Item No. 16 CONSIDER RESOLUPION ACCEPTING POLICE LOCKER ROOM FACILITIES. Lxxmient: This resolution would accept the work as performed by Burger Construction in the remodeling of the police locker roans. No deviation from the original bid price of $17,454 was encountered during the course of the project. Public Works reccauends acceptance of the project.,. Action: Flo v Item No. 17 CONSIDER RESOLUTION ACCEPTING SANITARY SOYER IMPROV17MF TS IN BRYN MAWR — ADDITIONS PARTS 8, 9, AND 10.' Comment: This resolution accepts the sanitary sewer improvements as constructed by Sulzberger Excavating,Inc., of Muscatine, Iowa, in Bryn Mawr Addition Parts 8, 9, and 1W Constructionwascompleted in conformance - with City specifications and Public Works reconmends'acceptance of the improvement. Action: v • ;Item No. 18 CONSIDER RESOLUTION ACCEPTING SANITARY SLWER AND PAVING IN 'TRACY LANE ADDITION..' Ocnment: This resolution accepts the paving as constructed by Metro Pavers and sanitary sewers constructed by Knovling Bros, in the Tracy Lane Addition. Construction was canpleted-in conformance to specifications and Public Works recomnends acceptance. Action: i Item No. CONSIDER RESOLUTION ACCEPTING PAVING IMPROVEMENTS IN HAMM SECOND //19 ADDITION.', _f�— Coninent The, resolution accepts the paving improvements as constructed by Metro Pavers in Hamm Second Addition. Public: Works reeomnends acceptance.' Action: ;c Agenda Regular Council Meeting June 7, 1977 7:30 P.M. Page 7 0'. Item No. 20 CUNSIDIM MOTION APPROVING APPLICATION FROM IOWA -ILLINOIS GAS AND T4.WY MTO rYV.dnAMV TM rrN.(Z'RII(•VTrN rW RT(771VAY RT(�HT—nF—WAY_ 20. r 1 � r 7 �t h� n 'I I rLt .I. _ M I- f 4! .Y I I I Alli I I I i'," i Iii i�r� I I i Ir �:, 9lNF �1 /•/i� PV, I J i C .n vmc uabrai ty f l , r•.. C 017. • , t .. .10 ! .._. .: TO� _ , �.'.: ., U .' i::� _ : ::...5 , „ C .. i1 :: ..,:.. �. ;. ., ..:. � .., 1. •::.. �. I 1)..� I bv jai xn a .ay ii a ?,. cr , :, Tc _11c, ,I y i t I t ,.,-t t. ?c... „p .F _.;r..,. :.I „!.,•- " I, I !a.OL'7SlL"9:d12...andJ. I �I o an"I 1P,1 it 't" 1!... „. _.c !.:l? ,... - :,: ::i:. ,, ..•i?. paa-Acl :0,1A J.i i I 'riga �..� :. Q .9r. ... .. .; �'.:' .. '. I• I LI l I J. I "cl.r... tl �Jo,l1.c,la o.4 C... >o „ � I I i' 7 it I I,;• ?y;,y '-'^!'C.: ;' ,G\ '�� vi .,. ',•,,'C1 ^ _ �'.� ' I "XIC 05.11" : n_.'., 4.i 4. �.... ahs a (. v.... :. ..1 ✓ I.i r .. .. .6[ A +2 Y., Iv .: \ :. .. [J•a `.. {. 10 \,vi. v L., r ..,.. 7 �i' (.l l..., .. Iv i.. •. ..: .. .. .\.., ,.. 1.'.. 1_,r I I .;.GLS•,.!.'+.,, Cmc. � is ' \ jr tr4 I I ly t r Ii ~ I I Ir. r �IG!aM�n4" li I "I I I i I 40 i!a I A� ®NUTES'OF OFFICIAL ACTIONS OF q&CIL MAY 24, 1977 The cost of publishing the following proceedings &`claims is $ Cumulative cost for this cal- endar year for said publication is y -Iowa City Council, reg. meeting, X77, 7:30 P.M. at the Civic Center.Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Selzer, Vevera, Perret (7:35). Mayor Neuhauser presiding. Mayor,Neuhauser proclaimed week of 5/22-28/77 as Small Business Wk. and mentioned that Component Homes, Inc., of Iowa City, has received the Small Business Award for S.E. Iowa. Councilman Perret arrived, 7:35 P.M. City Attorney Hayek was present to discuss issues 'concerning the`College/Dubuque Mall. Moved by Selzer, seconded by Balmer.,I,to'substitute 'a new RESOLUTION MODIFYING THE'URBAN:RENEWAL PLAN FOR PROJECT IOWA R-14 for the resolution originally proposed. Hart;'presented'a petition asking r ,Mark for retention.,of Blackhawk'Mini-Park; as did the F, petition from Gary Kaufman., Others appearing ,.. were: l David Smithers,' Rachel Matteson, and Betty Gerber, LarryEckh'olt,°_Roselind Moore, and'Robt. "r Ogesen, P&Z;Comnr. :The motion to substitute the` proposed Resolution received a'unanimous vote, 7/0. " Moved by Perret that the Council defer dispos- ition.of Parcel 82-lb and Parcel 65-2',until the ` k,. design of tollege/Dubuque St. 'Mall has!' been review- ed.' Motion died for Iack,of second. Moved by Foster, seconded by Perret, to: withdraw a previous r " motion to defer disposition of the north 60x74 ft. " part.'of.Parcel•65-2 and to substitute 'A stead, 'a motion to'defer actiom'on disposal of the wholes' Blackhawk Mini'-Park. Roll call: Ayes: deProsse, Foster, Perret. Nays:!' Neuhauser, Selzer, Vevera, „ Balmer. Motion failed; 3/4. iMoved by Foster,'.; seconded by Balmer, to°adopt substituted RES. 1177- 152,,Res. Book 39,!pp.'287-289, MODIFYING URBAN' 1F "" RENEWAL PLAN:•FOR PROJECT IOWA R-14.' `Affirmative ,t, .,roll call vote, unanimous, all Councilmembers present. Moved by Selzer, seconded by Perret, to N rec.,& file.the two petitions and letter. from ` Rachel Matteson conc.''Blackhawk Mini-Park. Motion `u passed, 7/0. ,! r, The Deputy .City Clerk as ked ,that a'Res. Approving Class B Beer,Sunday,;Sales for Silver Ball Ltd.', be added and the public hearing date 'for `the FY78 Asphalt Overlay Proj. be changed to 6/7/77s on :the Consent Calendar. Moved by Balmer, seconded by Foster, that the following items & recomms. in the ' Consent' Calendar be'approved'and/or adopted as " amended: Approval of off. actions, reg. mtg., 5/10/77, i, •• subject to correction, as recomm..by City Clerk. Minutes of Bds:.& Comms.: P&Z.Comn:-5/12/77; Parks &'.Rec.'Comn.-5/11/77; Housing Comm.-: 5/4/77;'' Mayor's: Youth Employment Bd.-4/18/77. - Permit Res.,--Res Book 39, as recomn. by ,i. City Clerk: Res.:#77-153, p. 290, Approving. e�u Vass C'Liquor Control License 1. for ckelodeon, 208 N. Linn. Res. 7-154, p. 291,,Approvjng,Class B Beer Sunday Sales for Silver Ball Ltd., 529 S. Gilbert. Res. #77-155, Res. Book 39,,p. 292, Setting Public Hearing on 6/7/77,'7:30 P.M. at the Civic Center for the FY78 Asphalt Overlay Proj. Correspondence: Benita Allen, Congregate Meal Site Council's Secretary,re elderl Y trans., Johnson Co. Bd. of Supervisors, re parking 'problem, and J.C. Penney Co., Inc., re closure of downtown sts., referred to City Mgr., Affirmative roll call vote unanimous, all Council- members present. The Mayor officially announced the public hearing'as stated above. Moved by Foster, seconded; by Perret, to approve the'placement,and design of ,the Lindquist Center for Measurement, Phase II, and to waive the 20, ft. setback requirement contained in Art. III, Sec. 1, of the Agreement for Sale of Land to al Public - Body, subject to the right to further consider and approve or disapprove the court yard layout and vehicular access in the future. Motion carried, 7/0. Moved by deProsse, seconded by Selzer, to :adopt RES.';#77-156,,;Res. Bk. 39,.pp. 293-295, ADOPTING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY. Affirmative roll call vote unanimous,' , all 'Counci lmemb6rs present. u Councilwoman deProsse askedpermission from Council to attend a.Transportation Steering Comm. on in Arizona. There were no objections., ,6/10 The Mayor was asked ,to'send a letter to ,the Airport Cortm.;';requesting themto hold their meetings at the,Civic'Center. 'Public hearing was held on rezoning a tract, of 19 from C2''to R38 land`known'as"Block as requested, by Vogel & Son'. Public hearing on the proposed plans,& specifi-i cations for the College/ Dubuque Mall Storm ,& +`} Sanitary Sewer�Proj. was held.i.Moved by Balmer,; p9t " seconded by,deProsse'' to adopt''RES.,'#77-157, Res. Bk.,39,.pp.:;296-297, APPROVING,PLANS, SPECIFICATIONS, FORM OF CONTRACT, & ESTIMATE FOR THE COLLEGE/DUBUQUE ' MALL STORM &`•SANITART,SEWER PROJ. bids to be •, �eereceived 6/,15/77. Affirmative roll call vote unanimous, all Councilmembers present. ' . Moved by Selzer; seconded by,Foster, to adopt RES.` 77-156Res. Bk. 3 " .1298-302 "ESTABLISHING 9 '+f iJUSTi'COMPENSATION ':FOR LOSS IN LAND VALUEIDUE TO ' EASEMENT ACQUISITION FOR CDBG RALSTON CREEK INTERIUM it I " PROJECTS. :Affirmative roll call vote unanimous,' all Councilmembers present. ,t,Moved:by':Foster,`'seconded by'Balmer, that the rule -requiring that ords. must be considered and voted on for;passageat 2 Council meetings, prior to the meetin91 at which it is to be finally passed + be suspended,;that the 'lst & 2nd consideration' and vote be waived, and that the ord.'be''voted upon' for final passage at this time. Roll call Ayes Balm�Foster, Neuhauser, Perret, Se , Vevera. Nays: eProsse. Motion carried, 6/1. loved by Foster, seconded by Balmer, that ORD. #77-2837, Ord. Bk. 11; pp. 110-111, AMENDING ORD. #73-2788 (SEC. 8.10.3A (55a) & SEC. 8;10.24C, MUN. CODE OF IOWA CITY) be finally adopted at this time. Affirmative roll call vote unanimous, all Council - members present. Moved by Foster, seconded by Balmer, that ,the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meeting at which it is to be finally passed be suspended,that the 1st & 2nd consideration and vote be waived, and that the ord. be voted upon for 'final passage at this time. Roll call: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. ' Nays:, deProsse. !Moved by Foster, seconded by l Balmer, that ORD. ,#77-2838, Ord. Bk. ll, pp. ,112- 113,;AMENDING 'ARTICLE XXIII,'SEC. 2 AND REPEALING '= SEC.:4 OF ORD. #2238 (SEC. 8.10.246 AND SEC. 8.10:24D, MUN. CODE OF IOWA`CITY) be finally adopted at this time. Affirmative roll,', call vote unanimous,:all`.Councilmembers,present. Moved by Foster, seconded by Balmer, that the ORD.:VACATING R -O -W (Virginia Dr.) be tabled. ,..I Motion carried, 7/0. Moved by Foster, seconded by Vevera, that the I, YI ORD. AMENDING.ORD..#76-2801'BY PROVIDING FOR THE 'ESTABLISHMENTF CERTAIN EES'WI H 0 RTA F T REGARDTO WATER SERV:'WHICH `HAS =BEEN DISCONTINUED PURSUANT TO ORD. v ..i #76-2801 be considered: and given 1st vote for passage. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Perret, seconded by Foster,,to table indefinitely'` the RES.''APPROVING THE PREL. PLAT'OF r �I I A"RESUBDIVISION OF A PORTION OF LOT 30 CONWAY'S " SUBDIVISION: :Motion carried, '6]1, Selzer voting no. '+ Moved by Selzer, seconded by deProsse',;toladopt RES.4777159,;Res. Bk. 39, pp.' 303-308, AUTHORIZING a°t ,i .°,`. 'I •� -THEIMAYOR TO,SIGN ANAGREEMENT'.:WITH.'IOWA-ILLINOIS GASI&',..ELECTRIC,conc. alstorm'water storage area located north of Lower Muscatine Rd. on'IA-IL Gas + ' 1 & E.,ec. property. .'Affirmative' roll call vote unanimous, all Councilmembers present. Moved by Selzer, seconded by Balmer,lto adopt' >x RES. #77-160, Res. Bk. 39, pp. ,309-311, APPROVING AGREEMENT FORLOVERSIZING SANITARY SEWER in the s s - Ty'n',Cae Subdivision.:'Roll`call: Ayes:'Vevera, + Balmer, Foster, Neuhauser, Selzer. Nays: deProsse, ' Perret. Res.:adopted,,',5/2 Moved by deProsse, seconded by Foster, to adopt + RES.#77-161,'-Res. Bk.'39, pp. 312-314, AUTHORIZING + MAYOR TO EXECUTE'CONTRACTS FOR YOUTH ,SERVS "IN ' IOWA'CITY, IA "AREA WITH THE PALS PROG: OF: JOHNSON CO. EXTENSION SERV. Affirmative roll 'call 'vote unanimous, all,Councilmembers present. I, >, %tloved by .Foster, seconded by Balmer,,to adjourn oz the meetin. Motion gon carried, 7/0. (10:02 P.M.) i + , , I AA z �re complete description'of Coil activities is 0 ile in;the office of the City Clerk. s/MARY C. NEUHAUSER, MAYOR 1 s/ABBIE STOLFUS, CITY CLERK I 6/7/77 i .1 r r 1 I I II 1 I II I'. 1 , _ 1 I I r. ( 1 I F I� i1 1. y I 1 e 1 1 •.i 4,t I , ;fP . l ) _lil I ,1 i rl• I I 'i I. I LCA I l . IF I. I tv r{ I Ji 1 ' COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES " MAY 24, 1977 7:30 P.M. I Iowa City Council, reg. meeting, 5/24/77, 7:30 P.M. at the Civic Center. ,Councilmembers present: Balmer, deProsse, Foster, Neuhauser, Selzer,IVevera, Perret (7:35). Mayor Neuhauser presiding., Mayor,Neuhauser proclaimed the';week of 5/22-28/77 as Small Business Wk. and mentioned that Component Homes, Inc., of Iowa City, has received the Small Business Award for S.E:'',Iowa. 'Councilman Perret arrived, 7:35 P.M. ,,✓ City Attorney Hayek was present to discuss issues concerning the College/Dubu ue Mall. In 'answer to questions asked, he stated the following: �1)'Our bond counsel has indicated it legal to sell essential corporatepurpose bonds to finance the Dubuque/College mall, (2) adjoining property owners will not have exclusive rights to any I; streetswhich are vacated but should be provided with reasonable access ,I to their property, (3) as, per,Hayek's letter of 12/1/76,, which explained , that Iitigation,invalidated terms, of the'.urban renewal contract, concern- ing closure of College &'DSts. in front of Plaza Centre 1, the itol Assoc.uque onlld Cap was made when, I n 6/75, the City y cortmitment to O indicated the streets would be closed, after OCA had questioned the status•in order to determine final'; plans"for the'Plaza, and; (4) after a °good faith attempt, the streets could be,reopened without'significant I effect.concerninglthe Environmental Impact Statement or from. OCA. , Urban RedevelopmentCoordinator Paul Glaves explained that provisions in Cortmunity;iDev. Block Grant, contract with HUD stipulate the, Block ,.I .the I'Grant money cam be used .to purchase landjrom'the Urban Renewal Agency t+ :, for'uses 'f.in,accordance with the. Urban Renewal Plan::' If Council were to decide to re tai n': the two; mini-parks downtown, the Plan would need to be { changed;; to indicate retention of 'those parcels rattier than disposition Iti as it now stands:' Moved by Selzer, seconded by Balmer, to substitute a new'RESOLUTION, MODIFYI NG §THE'URBAN '-RENEWAL PLAN FOR PROJECT IOWA R-14 for the resolution originally proposed. ,Mark Hart,;115� S. Dubuque; presented'a petition containing 1400+ signatures asking for:retention of Blackhawk,Mini -Park, as did the; petition from Gary Kaufman,, 420 E. 4, Davenport, containing 165 signatures. Others appearing were: David' Y,a< Smithers; 1801 Calvin Ct. for Blackhawk Mini-Park & against construction lots &'cramps; Rachel Matteson, 924 E. Washington, and Betty of parking14 Gerber, 711 Carriage Hill, retention of Blackhawk Mini-Park; Larry ' Eckholt,1520 Crosby Lane; approval of present U.R. plans; Rosalind Moore,.,426 Crestview, access to downtown"businesses; and Robt. Ogesen, ' P&Z Commr., their'recomm.':conc. alley access. After discussion by City r's. statement that private investors must have Councilmembers & Ci y Mg _ wconfidence in the. City to,make & carry out decisions, the motion to substitute the proposed 'Resolution received a unanimous vote, 7/0. It was moved by Perret that the Council defer disposition of Parcel 82-1b and Parcel 65-2 until the design of College/Dubuque St. ; Fd I I I: r I I� , i I, I `L= • Acil Activities May 24, 1977 Page'2 Mall has been reviewed. Motion died for lack of second. Moved by Foster, seconded"Iby Perret, to withdraw a previous motion to defer disposition of the north 60x74 ft. part of Parcel 65-2 and to substitute instead,'a motion to defer action on disposal of the whole Blackhawk' Mini -Park. Roll 'call:, Ayes: deProsse, Foster, Perret. Nays:- Neuhauser, Selzer, Vevera,',Balmer. Motion failed, 3/4. Moved by Foster, seconded by Balmer, to adopt substitute di RES. #77-152, Res. Book 39, pp. 287-289, MODIFYING URBAN RENEWAL PLAN FOR PROJECT IOWA R-14. Affirmative roll call vote unanimous, all'Councilmembers present. Moved; by Selzer, seconded by Perret, to"rec: & file the two petitions and letter from ` Rachel;Matteson conc. Blackhawk Mini -Park. ',Motion passed, 7/0. +., Mayor Neuhauser declared 5 -minute recess. n Deputy City Clerk Vicki Brei asked that a Res. Approving Class B,Beer Sunday Sales for Silver. Ball Ltd.- be added and the public hearing date for the FY78 Asphalt Overlay Proj! be changed to 6/7/77 on 'the Consent Calendar. Moved, by Balmer, seconded by Foster, that: the .following items & recomns. in the ConsentCalendar be approved and/or adopted as amended: Approval.of off. actions, reg. mtg., 5/10/77,isubject'to correc- tion, as recomn. by City, Clerk. Minutes of'Bds. & Comms.: P&Z Comm.-5/12/77;',Parks & Rec. Comm.- , 5/11/77; Housing Comm. -5/4/77; Mayor's Youth Employment Bd.-4/18/77. Permit Res:, Res Book 39, as recomm.by City. Clerk: Res. #77-i 153; p. 290; Approving Class C Liquor Control License appl. for Nickelodeon" N.".Linn. Res. #77-154, p. 291, Approving Class'B p, Beer Sunday Sales for Silver Ball Ltd.; 529 S. Gil Res. #77-155, Res. Book 39, p.1292, Setting Public Hearing on ;6/7/77,:;7.30 P.M. at the Civic Center for the FY78 Asphalt Overlay Proj. Correspondence: Benita Allen, Congregate Meal Site Council's" Secretary,',re elderly'trans.,iJohnson Co. Bd. of Supervisors, re parking -,problem, and;J.C. Penney Co., Inc., re closure of downtown sts:, referred to City Mgr. Affirmative,'roll,call,vote unanimous, all Councilmembers present. The Mayor officially announced the public hearing as stated above. Council noted reconms. from Mayor's Youth Employ. Bd. for Council to ,,i... review & approve; bylaws; ,from.Parks & Rec. Comm. to,adopt U.R. Plan re :vacations & restrooms;',and from',P&Z Comm. to approve prel. &'final'LSRD & LSNRD,plan ,of Mapleleaf Office Park and to approve prel. & final plan of Sycamore Bluff'subject =to certain conditions. Council decided to ask the Resources Conservation Comm. to recommend nvi- water;6ohservation measures and to.send:Councilman Foster to the Envi- ronmentalProtection Agency seminar in Chicago on 6/27-28 conc. recycling. ronmental Protection F, Councilman Selzer conveyed appreciation 'for `funding from the Little ` League and expressed concern on the condition of the infields. Council- man Perret announced there would be a joint meeting between the JCRP ` • Council Activities May 24, 1977 Page:3 Policy Comm. & Technical Comm. cont. their comments re consultant's recomms.on the Area Transportation Plan on 5/26/77 at the first Christian Church.' It was; determined' that,, the recodified Mun. Code will provide recourse against contractors Who 'leave 'mud or debris in streets. The City Mgr. will check into oiling gravel, the straightening of the "Rose Alley" sign, painting the rest of the; Court St. walkways,' the repairing of sidewalk on Court St: ,'next to Bilk. 64, cleaning debris from the Iowa ' River while the water level is low and'also on the odor from the Sewage Treatment Plant.' Moved by Foster, seconded by Perret, to approve the placement and design of the Lindquist Center for ' g q Measurement, Phase II, and to waive the 20 ft. ,setback requirement contained in Art. III, Sec. '1, of the Agreement for`,Sale of Land to a Public Body, subject to.the right to further consider and approve or disapprove the court yard layout and vehicular access in the future.': Motion carried,'7/0. Moved by deProsse, seconded by Selzer, to adopt, RES. #117-1561Res. Bk.'39, pp. 293-295 ADOPTING THE SCHEDULE OF FEES AND CHARGES FOR OAKLAND CEMETERY. Affirmative: roll call vote unanimous, ;all Councilmembers ' present.- Councilwoman deProsse asked permission from Council to attend a 'Transportation Steering Comm. on.6/10 in Arizona._;There were no objec- it aions..;.She further asked -fora status report from the Legal . -Staff;; on � the progress of negotiation cont. the beautification contract on Gordon T Russell;' property, & requested a copy of a report conc. the Court ruling requiring`an Env.`.Impacti$tatemeht on property for proposed_Hwy.' 11518, a to see, how far into.Johnson County it covered. The 'Mayor was asked to `W send a;letter to�ithe Airport Comm. requesting them to hold their meetings `at the Civic Center. `Ctty Mgr. Berlin indicated the'State legislature had passed they e t 'tax bill`: Sen. Minnette Doderer voted,a ainst the bill. It properro r .;Y ,oted that it was important to convey opposition con c. this bill'- was ,. 'n before it goes into effect as it will have an adverse effect on Iowa' Ci ti ans. v Public hearing was held on rezoning a tract of land known as Block 19 from C2 to R3B as requested by Vogel & Son. W111 Public hearing on theproposed'plans & specifications for the College/ r1 Dubuque Mall Storm & Sanitary.;Sewer Proi. was held.` Moved by. Balmer; seconded':by deProsse, to adopt RES. N77-157, Res. Bk. 39, pp. 296-297, "APPROVING PLANS„ SPECIFICATIONS,,FORW OF.CONTRACT, & ESTIMATE FOR THE COLLEGE/DUBUQUE 'MALL STORM & SANITARY'SEWER PROJ. bids to'be received 6/15/77. l,Affirmativerr6ll call ,vote unanimous, all`,Councilmembers a present,:� Moved'.by Selzer, seconded by Foster, to 'adopt RES. N77-158, Res. Bk. 39,:pp.'s298-3021':ESTABLISHING JUST COMPENSATION FOR; LOSS IN, LAND VALUE DUE,TO`EASEMENT "ACQUISITION FOR 'CDW RALSTON CREEK INTERIUM PROJECTS. Affirmative roll call vote unanimous, all-Councilmembers, present. iw eOncil Activities' May 24, 1977 Page 4 Moved by Foster, seconded by Balmer, that the rule requiring that ords. must be considered and voted on for passage at 2 Council meetings prior to the meetingat which it is to be finally passed be suspended, that the lst & 2nd consideration and vote be waived, and that the ord. be voted upon for final passage at this time. Roll call: Ayes: Balmer, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: deProsse. Motion carried, 6/1. Moved by Foster, seconded by Balmer, that ORD. #77-2837,' Ord. Bk 'ill, pp. 110-111; AMENDING ORD. #73-2788 (SEC. 8.10.3A (55a) & SEC. 8.10.24C,''MUN. CODEIOF IOWA 'CITY) ,be finally adopted at this .time. Affirmative roll call vote unanimous, all Councilmembers "present. This ordinance will establish special regulations for non -conforming lots. 'Moved by Foster, seconded by Balmer, that the rule requiring that ords.imust be considered and voted on for passage at 2 Council meetings �. prior to the meeting at which it is to be finally passed be suspended, that the'lst & 2nd consideration and vote be waived, and that the ord. be voteC upon for final passage at this time. Roll call: Ayes: Foster, Neuhauser,,Perre,t, Selzer, Vevera, Balmer. Nays: deProsse. Moved by Faster,',seconded b Balmer, that ORD. H77-2838, Ord. Bk. 11,>'pp. ,112 113, AMENDING ARTICLE XXIII, SEC. 2 AND REPEALING SEC. 4 OF, ORD. #2238 { (;SEC. 8110.24B!AND SEC. '8.'10.24D,IMUN. CODE OF IOWA CITY) be finally adopted at this time. Affirmative roll call vote unanimous:, all Council- ' members present. This ordinance will establish special regulations for 9 sl non-confarmin .lots. ' Moved by, Foster, seconded by Balmer, that the ORD. VACATING R-O-W r ' : • ('Virginia' Dr )ltie'''jtabled.' Motion carried,'?/0. I ivAMoved:by Foster, seconded by Vevera, that the ORD. AMENDING ORD. #76- 2801 BYPROVIDING,'FOR THE, ESTABLISHMENT OF, CERTAIN FEES WITH REGARD TO WATER'SERV WHICH'; HAS BEEN DISCONTINUED PURSUANT TO ORD. #76-2801 be wd consider'ed andg'iven lst vote forhpassage. 'Affirmative roll call vote unam mous,'aI Councilmembers present. Moved by., Perret, seconded by: Foster, .to table indefinitely the RES. ;APPROVI,NG THE OREL. PLAT; OF A RESUBDIVISION OF A PORTION OF LOT 30, f CONWAY'S SUBDIVISION. Motion carried, 6/1,:Selzer ,voting 'no. Mayor Neuhauser' explained the sewer system'in that area is at capacity at the presenttime. Move by Selzer, seconded by deProsse, to adopt RES. #77-159, Res.' BL. 39,'pp:"303-308, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH IOWA -ILLINOIS GAS',& ELECTRIC conc.'a storm water storage area located. ! north of; Lower Muscatine Rd. on IA -IL Gas &'Elec.'.property. Affirmative roll calli voteunanimous,;all Councilmembers present. Moved by Selzer, seconded by'Balmer, to adopt RES. #77-160, Res. Bk. i39,,pp..;309-3119, APPROVING AGREEMENT FOR OVERSIZING SANITARY SEWER in the Ty'n Cae Subdivision. Roll call: Ayes: Vevera, Balmer,' Foster, Neuhauser, Selzer. Nays: deProsse, Perret.` Res. adopted, 5/2. iR Moved by deProsse, seconded by Foster, to adopt`RES. #71-161, Res. �.,. Bk. 39, pp..312-314, AUTHORIZING MAYOR TO EXECUTE CONTRACTS FOR YOUTH .,j SERVS.'IN IOWA CITY, IA,:AREA WITH THE PALS PROG:'OF JOHNSON CO.:EXTENSION ,,. SERV. Affirmative roll call vote unanimous, all Councilmembers present. Council Activities May 24, 1977 Page 5 Moved by Foster, seconded by Balmer, to adjourn the meeting. Motion carried 7/0. (10:02 ,P.M. MAYOR CITYI CLERK Ci Recorded_'on Tape #77-18. ! I I I I 1 ,,I I LI I I I r I 11 1 I lil r //iM SIL, �IFbi� I I I III. R s '1 I IU I I I f I rtxr,alt i� Ih I� v I I 1 n 1 i t l I r 1 a � I I rf I I I I I ? ^. ,; I• Y. � '. r� 1 I 1 4 '�. III. ��S.�r ��•TI I. '� " �'. ,.I ,:'rl uj • • MINUTES COMPREHENSIVE PLAN COORDINATING COMMITTEE MARCH 28, 1977 7:30 P.M. ENGINEERING CONFERENCE ROOM 14EMBERS PRESENT: Cain, deProsse, Ncuhauser, Perret, Vetter MEMBERS ABSENT: ,-Blum, `Jakobsen, Ogesen STAFF PRESENT: Berlin, Geshwiler, Kraft, Martzahn, Milkman, Oszman GUESTS PRESENT: Connie Echternach Rick Geshwiler, Senior Planner, distributed'a memo summarizingthe staff's recommendations relative to the General Survey document prepared :by Attic and Cellar (A&C), then discussed these recommend— ations. He said that the staff,, with City Manager Neal I'. Berlin, thought it would be best'to organize their thoughts in'',a form similar to;that submitted by A&C.- They desired' direction,ifrom the. Committee in doing this, Geshwiler said. The staff hoped to submit their ideas to the Committee by the end of the week, he noted. Geshwiler explained that the staff planned to delete the :"Planning Guide" section from the Survey, adding that it may prove useful in some later phase of the Comprehensive Plan (CP).:' i r, Ge'shwiler..solicited reactions to the A&C'General:Survey draft from Committeemembers. The Committee ,first, discussed the letter which was to go at the beginning of'the Survey.' It was decided that the letter should be signed by,all CPCC members; rather'than,just by the mayor. i Geshwiler pointed out that,the rewrite of the Survey would make clearer the analogy betweea,the City and a family, and also that there "would be less'emphass on appearance in'the Introduction. Comments made about the Surveyldraft were as follows: The Iowa City Family Plan: The majority,'of the Committee members felt that the "family analogy° particularly "effective, due to the wide diversity of life styles existing in the 'Iowa City area. Also, the Committee felt that the first section was too long. The City Form and History: Committee members Cain and Neuhauser said they thought this section was'interestingland'important. Committee member Vetter'Isuggested • —2— that 2_ that the necessity of taking into consideration individual needs when planning a City be explored further. She said that the historical discussion might be a good place to do this, since the original plan for, Iowa, City, mentioned in this section, did not work out as planned. Iowa City Plan Guide: Geshwiler explained that this section would be replaced by two new sections: (`1) a'section on Citygovernment, and (2) a section on the planning process. Neuhauser suggested that the actual zoning types.not be discussed in the,..Survey, as they may, change. Also, she said it was not really necessary to mention the role of consultants. Geshwiler said that.the new section on the planning process would dealwith,how the'individual fits into the process and, would include an explanation of funding.' He pointed out that more information would; be included in the section which comes before the Survey itself, such as the.fact that topical reports are available to the public. Several Committee members commented that the section entitled "The Planners Ask the Public!':was quite good. The Committee then went through the actual survey and made specific s,,•; suggestions for changing the way, in which the questions were asked and_fthe alternatives given for response. The Committee advised that the staff should avoid asking the public for responses to alternatives which are, not feasible and also avoid discussing' those areas where decisions have already been made. Incentives for returning the Surveys were discussed. It was; felt that offering a free bus ride was'a good idea, but that 'something else 'should be ,offered for: those, people,'who don't ride buses. It It was decided that the other choice would be 250 worth of free parking at the municipal lot, in exchange for a'completed Survey. A CPCC meeting was set for 7:00 am., Thursday, March 31. The meeting adjourned. Prepared 'by: %'�jl' .�%:Q9ri•�t Ejrlen Gszman, DOD Approved by; at( Patricia Cain,' Secretary,' CPCC �� % MINUTES COMPREHENSIVE PLAN COORDINATING COMMITITI: MAY 20, 1977 12:00 P.M. CITY MANAGER'S CONPERENCH ROOM MEMBERS PRESENT: del'rosse, Jakobsen, Ncuhauscr, Ogescn, ferret, Vetter MEMBERS ABSENT: Blum, Cain STAFF PRESENT: Garrett, Geshwiler,'Keating, Kraft, Lundquist,-Martzahn, Simpkins GUESTS PRESENT: Emil Brandt Meeting Schedule Geshwiler suggested that weekly meetings be scheduled for May, June, July, and August to, expedite work on Goals and Objectives,', the Comprehensive Plan Nand thenew zoning ordinance. He pointed out that the biweekly meet- ingswere no longer enabling the committee to keep pace with the staff. The committeemembers agreed to hold meetings from 4:00`- 6:00 P.M. on the first and third, Thursdays of each month and at 7:30 P.M. on the second and fourth'Thursdays. :The meeting planned for Thursday,' May 26 was rescheduled for Monday, May 23 at '7:30 P.M. Land Forms, Report Garrett explained to :the committee that the text had been revised to clarify the',different topographic regions. She emphasized that although there is a variety oftopographies within any, one region, each has definite characteristics which distinguish it from the others. Jakobsen referred the committee to the last two paragraphs of the "Watersheds': section. ' She said that these', paragraphs imply that the committee has adopted a policy of limiting future development of'. sanitary sewers within the Iowa River, Ralston and Willow Creek :watersheds. It was decided by the committee that no.policy statement should be made until all the alternatives for development have been examined. It was agreed that these paragraphs will be rewritten to f. present development within the watershed areas as a possibility, not a policy, and that these changes will, be reviewed at Monday's meeting. + Economics Report Vetter asked for a clarification of the paragraph at the end of the report which discusses locational: constraints. Martzahn explained that this paragraph was intended to point out; that industries will research loca- tional constraints such as raw materials and transportation before locat-' ing,"and if Iowa City doesn't fall into their possibilities, they won't settle here. : Vetter stated that this point was unclear; the paragraph could be construed to mean that 'there 'are more constraints preventing + industry from locating in Iowa 'City ,than in other Iowan cities (e.g. a tougher,Planning and Zoning Commission). She suggested that this point be clarified in the text. i Neuhauser stated that if Iowa City is seriously interested in economic i { I - ; :... MINUTES • • COMPREHENSIVE PLAN COORDINATING COMMITTEE May20, 1977, Page 2 development, then we must pinpoint what our needs are and actively seek specific industry rather than setting land aside and taking whatever industries come.She suggested a plan for doing this which included the following: 1) A study of the labor force in Iowa City. For example, where do under- and over-employment exist; 2) Defining what specific industries would be beneficial to the city such as " hospital related industry; 3) An examination of the industry Iowa City already has -- 'do we like what it's doing here, and, if so, how can we work with it to encourage expansion; and 4) A study of what lows City has to offer to industry, such as areas within the city where computer capacity is readily accessible. She suggested that a commission might be appointed 'by the City Council to carry out this plan. u It was the consensus;of those present that this approach should be ' kept in mind when the Goals and Objectives are written,' and that the Economics Report should mention the option of attracting selected i industries, and provide additional information on the advantages; Iowa City offers to,industry. i Kraft recommended that information on the urban renewal market be gadded to the report., The committee agreed with this recommendation. It was decided to review the report again as soon as these changes have been made. „Current Staff Activities ,,. Geshwiler reported that the planning staff has completed the major part of work on Citizen Participation and that three topical' reports remain to be finished. He stated that the staff is now ready to develop Goal's and Objectives,' which will be ,presented to the committee as "targets to shoot at": Goals and Objectives should be wrapped up by mid-June. Geshwiler, stated that the staff will need the committee to,make a set of decisions,based''on the Goalsl,and'Objectives, Citizen' Participation, the topical re orts !'and each committee member's perspective on the P P, i p., Plan'. These decisions will be used as guidelines for composing the Plan. .He hoped that these decisions can first draft of the', Land:Use p be made by mid-June so that the'first draft can be ready at the beginning of July. Perrot expressed concern that the'Land.Use Plan and the Johnson County F ATS not contradict each other. :The committee agreed that this concern should be kept in mind as the"Comprehensive flan is evolved. The meeting was adjourned. Prepared by: Debbe Simpk/insl,.D-CD / Approved by: (.. (4�W J ne Ja obsen for Patricia in, i ecr�CPCC i RESOURCE CONSERVATION MINUTES MAY 24, 1977 4:30 P.M. ENGINEERING OONFERENCE ROOM MEMBERS PRESENT: -Eide,,Dague, Stager, Houck, Hotka, Denniger. MEMBERS ABSENT: Bolnick. STAFF PRESENT: Schreiber, Berlin. RE000WATICNS 10 THE I CITY COUNCIL That the Council defer action on the air conditioning study until the Crnmission has had an opportunity to review the report. REQUEST To THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE 1. All; copies of the air conditioning system study be referred to the . Commission members for review. 2. Contact ERDA to have the Resource Conservation Ccamission added to their mailing list. " 3. Provide copies of model by-laws for the Commissions review and assistance in developing by-laws for the Resource Conservation Commission., ND SUMMARY OF DISCISSION AFORMAL ACTIacIS TALI " * Dague nominated, Eide seconded, Denniger be appointed as Chairperson. '. Unanimous. ` i b *,Stager nominated, Houck seconded, Eide be appointed as Vice - Chairperson.? * Dague naninated, seconded by Stager, Houck be appointed:Secretary. Eide and Houck volunteered to construct a draft of by-laws for the next Cortnission meeting. PRIORITIES City Manager Neal Berlin presented the following list of priorities for the Conmission to review.;' 1. Question of the heating and cooling in the Civic Center Building. He discussed the remodeling and the deficiencies °with the present system. The budget allocations were also discussed. 2. The question of short range recycling and long range resource recovery -landfill. Dague attended a'meeting last year as a ` representative 'from the University to discuss resource recovery with the City. The University, is now in the process of surveying all of their buildings for deficiencies. I. Page 2 • 3. Building Codes - Denniger reported that HR -75 will become law July 1, 1978.1 The state law adopts the law Model Energy Code by adopting HF -90. This bill also requires energy policy to be developed for existing buildings. 4: Transportation - Dague indicated an interest in conserving energy and material by not producing goods when these items create waste. 5. Legislation at a local level - Dague indicated he had been working on legislation at the state and federal level. Berlin explained theZouncil's progress with regard to the Bottle Bill 'inthe Iowa Legislature. He also indicated Councilman Perret's interest in legislation of this type. Berlin,' explained that departmental budgets for FY78 included funds for the Boards and Commissions expenses. Although funds were not allocated for the Resource Conservation Canission, he felt that funds would be,provided for its use. These funds are limited and. be used for items such; as attending meetings or conferences. Foster stated that Mayor Myers, Coralville, was pranoting a trip relating to energy conservation. Foster alsolindicated a conference was being sponsored by the National Association of Counties,,,the National league of Cities, ;and the US. Conference of Mayors concerning'', resourcerecovery''', technology on June 28-29 in Chicago. Foster further explained i his interest in recycling newspaper. Dague felt that recycling newsprint might be tied into the waste treatment plant, as --, newsprint: is only 1% of 'the carbustible dtems. Dague discussed ' resource recovery in Ames., Dague will, present a slide show'. describing Ames'. resource and recovery system at the next Cannission meeting. i :EJ, Stager, moved, Hotka seconded, that the following 'list of priorities be adopted by. the Camnission:' i 1. Building system review. A: Building envelope. it B. Air conditioning -heat. C. Light.' D. Total energy system. i 2. Transportation. A. Motor pool.' B. Public transportation. 3. Resource Recovery Disposal Page 3 • • 4.Recamiend local legislation policy 5. Awareness Education City Engineer Dietz presented a report on the air conditioning study. Denniger'felt that we were looking atlsymptoms and not 'Commission problems. 2He:felt the need to review the proposal menbers indicated' concern that energy consumption mould be increased if the heating levels were not reviewed. Stager * moved, seconded by,Eide that the 'Council'hold off any action on the ain conditioning study until the Commission members had an opportunity'to review the proposal. Unanimous. Dague moved, Stager, seconded, to meet once a month. Huck moved, Hotka seconded, to meet on the second Tuesday on the month. The next meeting date was set at June 14 at 4:30 P.M. in the City Manager's conference roan. There being no further business the 'meeting was adjourned at 4:55 P.M. Respectively submitted, Linda Schreiber. John Houck, Secretary, i i i 1 i i I MINUTES' UAY BOARD MEETING 311 N. LINN STREET MAY 16, 1977 7:00 PM MEMBERS PRESENT: Tom Mikelson, Al Bohanon, Tom Conway, Adr- Meyer, Selma len Connor, Diane Dennis, Mary Carew, MEMBERS ABSENT: Roberta Patrick, Jeff Schabilion, Al Horowitz, Leisa Fearing, Dennis Hedges, Russ Mishak, STAFF PRESENT: Jim Swaim, Larry Schmidt ITEMS PRESENTED T0'THE BOARD ike son: Introduce Selma Connor Mikelson: Swaim:i City'Contract Swaimv LEAA mini -block funding proposal Schmidt: CETA contract Swaim: Music Day atlCity Park' Swaim: IDM certification Mikelson & Swaim: Youth service professional meetin ` Meyer: Budget approval 9 at Bloomington Schmidt and Swaim: Resignation Swaim: Youth member r Schmidt: United Way Mikelson: Youth ,van Routine bills 1 ,Selma Connor has,accepted a position on the Board of UAY, she is a me of the; Friends Meeting,,, Welcome, Selma, tuber T Tom reported meeting with Neil Berlin and 'his approval of the new contract, Tom reports very positive feedback from the City on UAY, The Board discussed talk'a72'bu g individual councii'memb concerning additional funding before the ftna'1 budgeting is 'approved, ',The possibility of hiring', Tom Eilers to do the accounting for the UAY Board was discussed„ it was felt'that 'a formal contract should :be entered into by the 'Board and accountant chosen. 11 1.; Our,application for LEAA funding has The onl u00. been �•. � Y quest tion is q approved in the whether this can be fiscal '76 reversion, funds tand avaof ilable as soon as approved by, the Board of Supervisors and payable on'July,l. Otherwise_ ' as stated inilthe oroginal plan; we would',recieve these additonal funds November 1. 4, All Board members were asked visors on Wednto attend the meeting with the Board of Super - 5. at ',11:45 if possible, fu .s undenoSPEunced he had been informed by Sue Duwa of the availability of CETA `funds under ,si Title I for underwriting an additonal county outreach worker '=particu)arly, sjnce we. were to receive the LEAA,grant, is to be reactivated and search fora possible candidate. The personnel committee //b/ 6. Music Day at, ,the City Park planned jointly by UAY and CEEC will be Sunday,' May 22 from 12 noon to 8 PM. The US Air Force Band "MACH ONE" will be the featured entertainment plus several other bands. 7. Jim was authorized to send in the pre-application form for the IDAA certification. 8. ;Jim announced' his desire to attend a youth services professionals nEeSdai v. Bloomington, Indiana. The ,Board authorized the expenditure of $270.00 for regis- tration for one staff member,, one youth aide, one board member and an additional young person to attend -plus milage for one vehicle. Selma expressed an interest in attending the conference. 9. After much discussion the Board voted unanimously to'approve the proposed budget for fiscal year 1978 as presented by Jim Swaim, Comprised ofadditional sources of funding the budget has been expanded to include workmens compensation, staff education,liability insurance,etcl. 10. Adrien Meyer announced her resi5nation,to the Board due to the fact that she is moving to California. We will miss you Adrien,, thank you for,yourvaluable contributions in the past. 11.1 Jim announced that he and Larry had not been successful in finding a youth to serve on the Board of Directors: They ,were urged to,continue the search.: 'l 12., The question was raised by Jim as to an appropriate disposition of the ' United Way funds available for the last half of 1978; Several suggestions were discussed and it was felt ,that the funds should be used to strengthen the outreach 'i program .;:Jim was told to present his final' recommendation to the budget committee for approval. 13."•'Routine expenditures were approved by the Board for items purchased since the last meeting. Y5 I I I A1;Stiff and board picnic was set for Saturday, June 4th at Hickory Hill at 5 PM'. Bring your family and/or friends, ,I I „ The next board meeting will be June 13, Monday, at 7PM. ` Res ectfully(-submitted, LS ew" ec retar Y , UAY Board of Directors I I is I' I � :' i i � .' ,;. �: �� __- ._.___..Y._.._....�.....Y..�....�.........._. JI ��. • s �j. RESOLUTION NO. 77-176 RESOLUTION APPROVING CLASS C LIQUOR:CONTROL LICENSE APPLiCA TM BE IT RESOLVED BY TRE CITY COUNCIL OF IOWA CITY, IOWA, that a'Class C Liquor Control License application is hereby appproved dor the following named person or persons at the following described location: American Legion Roy L. Chopek Post #17 Said approval shall be subject to any conditionsorre- ,.: strictions hereafter imposed',by ordinance or State law. The City Clerk shall cause a recommendation for approval toihe endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all otherinformation or documents required to the Iowa Beer and Liquor Control Department. It was moved by 'Perret and seconded'by Vevera „•'. that the Resolution as read adopted, and, upon ro 1 call 4' there were: I i r4„ I AYES: NAYS: ABSENT: Balmer x ' + x deProsse it X Foster •, — + ! x Neuhauser — Perret x Selzer x ,, _— Vevera X ' Passed and approved this 7th day of June 19 77 „r iti li Fr' lei ii � t ,, PIT? ST CHI? ISTIAN ' CHURCH i 217 IOWA AVE. BOX 887 IOWA CITY. IOWA 52240 PHONE 337-4181 MINISTER: ROBERT L. WELSH �. ALL BELIEVERS IN CHRIST June 1, 1977 The City Council Iowa City, Iowa 52240 Dear Council Members: This is to inform you that the First Christian Church has made application for fund reservation for $2.8 million to build 100 units 'of 202 housing in I downtown, Iowa City for elderly and handicapped persons. We do not see this as a project of the First Christian Church. We see our- selves in the role of enabler, organizer, catalyst, moving force. HUD makes a clear distinction between the applicant and the special pur-'- pose non-profit corporation established to own and operate the facility. We have taken steps to bring into being an ecumenical housing corporation, and have scheduled a,workshop for June 20th for representatives of inter- ested congregations within the Ecumenical Consultation. 'I The response we have received from the community assures us that this isol. ' a project that the entire community does and will support. We are convinced that the expertise and resources of the social agencies the,elderly and handicapped, the university and the community can all be brought together ina'community effort. We therefore, request that you take an option to buy the Old Post Office. We should know in 60-90 days if our application is approved. By that time, we gather, a determination will be made concerning historic pres- ervation. Your help is needed in securing a site.. One north of Burlington Street is important for the elderly and handicapped. It is important that they, be a part of, rather than apart from, the community. The Old Post Office site is by far the most desirable. a ,i Ihl ..Atl 1165 , I {; ;!i r -:' i:.�. '. - -.�. _ ._._ 4 -_'� o., i i' I 7 9 � <I � .. �, i i' �� ^ i `' __ i-=' �s tt nn r Cy11wb UL;II: �1.6,�/•.' 1. �>,a.At �' �':, A /�L(.I C,fJ(u. .7L' C�/ � a /Vi� C'_ 111111 Y� Y i MIA ,tv ,>,A,.�!. N 1 pl r`7 J NAY2 5197) -,_ AaBir_ sTOLFU�, CITY CLERK 0 0 ' y .�� 1��'f� S2� :.� ;.F_k^.f}C��. 0 RESOLUTION NO. 77-177 RESOLUTION SETTING PUBLIC ]UMING ON AMEING TIS FY 77 ,BUDGET, ENDING JUNE 30, 1977 id y.. �■/^/�/'////l//S� 6~� CIVIC LENTEN 410 E. WASHINGTON ST IOWA CITY. IOWA =40 KA7 I1191 ]641800 NOTICE OF PUBLIC HEARING ON PLANS SPECIFICATIONS FORM OF CONTRACT' AND ESTIMATED COST FOR THE FY 78 ASPHALT RESURFACING PROJECT IN THE CITY OF IO19A CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby :given that the City Council of the City of Iowa City, Iowa, will conduct a`,public hearing on plans, ' specifications, form of contract and es- ' timated cost for the construction of the FY 78 Asphalt Resurfacing Proiect 1n said City at_:30 o c oc _ P.M on the 7th a -June 19 77 sai -meeting to be -he in t e Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the. Clerk in the, Civic Center in Iowa City, Iowa,; and 'may, be inspected by any persons interested. ' Any persons interested may°appear -at said: meeting of the City Council for the purpose of 'makingobjections to''said 'plans, specifications: or contract or the cost of making said', improvement'. This notice :given by order of the City Council of the' C ty of Iowa City, Iowa. vI ' Abbie 6toltus City Clerk of Iowa City, Iowa, I T ,. ._._._._:__.�._._...._._.._.___ 1 by �;J � ' --� .�.... �_ 4.11 ,0 ORDINANCE N0. �' `AN 0 INANCE AMENDING ORDINANCE NO. 7 -2801 BY PROVIDING FOR THE ESTABLISHMENT OF FEES AND CHARGES WITH REGARD TO WATER SERVICE WHICH HAS BEEN DISCONTINUED PURSUANT TO ORDINANCE NO. 76-2801 BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,,IA: Section l\\The purpose of this Ordinance is to,/au thorize h establishment of a schedule of fees which are to\accrue should water service to a particular parcel be disconnected for failure to pay delinquent bills. Said fees and charges are to reflectthe administrative cost in processing t p g es h e accounts. Section 2. Ordinance, No. 76-2801 is hereby amended by the inclusion of th� following paragraph`. Water service to aY ro ert /which has P P been discontinued, p� suant to this ordinance may be resumed provi d that the consumer or property owner pay`an�delinquent amount and an administrative fee.\Said fee shall be set by resolution land shX11 reflect the charges and costs incur ediin'discontinuing said service. Section:3. If any sectio , pro ion or part of the ordinance shall be adjud ed to be�invalid'or uncon- stitutional, such adjud cation shal\l not affect the validity of the Ordinal ce as a whole or any sec- tion, provision or pappt thereof,not adjudged. invalid Jor=unconstitdtiona . 1 Section 4. This 0 dinance'shall be in etfect after its final passage ,approval and,publicatr n as required by law. Passed and ado ed this day of 1977, P Ile Carol deProsse, Mayor Pri1,tem ATTEST: OCFQS; C>TP-CLARK A8/6/�C�ST It was m v6 ed by and seconded by / that the Ordinance be adopted, an uppn rollca there were: AYES: NAYS: ABSENT: BALMER / dePRDSSE FOSTER / NEUHAUSER PERRET SELZER -- VEVERA 1St consideration 5/29/77 Ayes: Perrot, Selzer,`Vevera, Balmer; deProsse,�', Vote'for F passage:: Oster, Neuhauser: Nays: ' 9 RECEIVED & APPROVED : 2nd Consideration 5/31/77 BY TRE LEGAL DEPARTkENT' none. Vote for passage:. ,5'111 passed unanimously, 6/0 erret absent. Date of Publication 3led'eous, l� ! „ '1 1 �1� ��, i, i i. -- ______.._ _--------- � t,,,a �Form 662 11-x3 IOWAMTE HIGHWAY COMMISSION pplication for use of CooJohnson Highway Right of. Way for. Utilities Accommodation Permit No. Applicant: Iowa -Illinois Gas And Electric Company (Name of Owner) 206 East Second Street Davenport Iowa 52808 (Address) (City) (State).. (Zip code) Iowa State Highway Commission Ames, Iowa Approval is hereby requested for the. use of Primary Highway. 218 in Sec. 21 _ (Number) T97 N It 6L1 Johnson County mites, from at southern city limits of Iowa City, Iowa (Direction) , (Place, Town, Etc.) at Highway Station(s) No. .434 to. 439 for the accomlgodalion pl an electrical tine for the transmission or electricity_ to serve Iowa Cit Air ort The installation shall consist ot '3 p ado 3, 00 7o O.Volt*W O')ACSR conductors on crossarm> (Detailed Description) i and iIII be located as shown on the detailed plat attached hereto. AGREEMENTS': The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) agrees that the following stipulations shall govern under this permit. 1. The location, construction and maintenance of the utility installation covered by this appllcatloa shall be in accordauce,,wlth the current Iowa Statel Highway Commission Utility Accommodation Policy. f ,,2., The Installation scall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula- j tions and direetivenof the Iowa State Commerce commission, Utilities Division, the Iowa State Department of Health, all rules and regula- tions of the lows. state Highway Commission, and any other laws or regulations applicable. 3." The Permittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused %._by highway construction or maintenance operations. 4. The Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed construction or maintenance work, on either existing or newly acquired rlgbt-ofway, that is likely to conflict with the installation belonging to the Permittee, In order that i"the Permittee may arrange to protect Its facilities. 6..The State of Iowa and the Iowa State Highway Commission assume no responsibUity for damages to the Permittee's property occasioned by any construction or maintenance operations on said highway. 6. The Permittee shall take all ,reasonable precaution during the construction and maintenance of Said installation to protect and safeguard the lives and property of the traveling public and adjacent property owners. i T. The Permittee agrees to glvnlhe State Highway Commission forty-eight hours' notice of Its Intention to start, construction on the highway righ"r-way. Said notice shall be made In writing to the Engineer whose name Is shown below. 6. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of Intention to perform routine maintenance , within the right-of-way. Said notice shall he to the Engineer whose name is ahown below. t. . .:. 9. ThePermlttee, and Ire contractors, shall carry on rho construction serious of the accommodated utility with saoua regard to the safely of the public. Traffic protection shall be In accordance with Part VI of the current Iowa State Highway Commission Manual on Uniform .Traffic Controls. '.Highway Commission personnel may supervise nagging operations where considered necessary by the Engineer. The original place- , ment of signs and removal on completion of the work Shell be accomplished by the (Pemlttee) (Highway Commleslon). (cross out one) G140,.. 10. Operations in the construction and mance of said utility Installation shall be can in such a manner as to cause a minimum of interference to or distraction of traffic o aid highway. If. Thee Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance '. of said utility, and shall reimburse the Slate of Iowa or the Iowa State Highway Commission for ally expenditure that the State of Iowa or the Iowa State Highway Commission may have to make on said highway because of said Permittee's utility having been constructed, operated, and maintained thereon. 12. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes or action, suits at law or In equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, '.' on account of, or due to the acts or omissions of said Permiltee's officers, members, agents, representatives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit. •13. Non-compliance with any of the terms of the Highway Commission policy, permit, or agreement, may be considered cause for shut -down of operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused to be performed by the State in removal of non -complying construction will be assessed against the Permittee. 14. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials... 15. The following special requirements will apply to this permit: i APPLICANT: i Iowa -Illinois Gas And Electric :Co. By ✓�l ri �Ccf� FCEC. iSi Name of Owner S(gnatura Title 206 E Second St., Davenport, Iowa Address 'APPROVAL OF CITY OR TOWN (If proposed line is within an incorporated town or city., the Council of said town or city mast grant approval for installation.) The undersigned city or town joins in the grants embodied In the above permit executed by the Iowa State Highway Commission on conditio that all of the covenants andundertakings therein running to the Iowa State Highway Commission shall insure 1!i t e be f the dersigned city or town. The permit is approved by the below delegated city or town official." Date Signat a i;. Title 'y „APPROVAL BY,THE STATE FOR PRIMARY HIGHWAYS I Date Resident Maintenance Engineer OAPPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS s i r ' RecommendedDain Rosident Maintenance Engineer District Maintenance Engineer Date .. Approved Assistant Maintenance Engineer Date -'Notice. of intention to start construction on the highway right-of-way shall be sent to; Engineer Address Telephone !� Notice of Intention to start maintenance on the highway right-ofway shall be sent to: - Engineer Addrau Telephone i �a.•t5 enarwn'at r' _i:+clHn4' Y'll be temdred for all installations. } v /Form 60 10TATE HIGHWAY COMMISSION �a Application for use of Co ity Johnson Highway Right of Way for Utilities Accommodation Permit No. Applicant,: Northwestern Bell Telephone Company (Name of Owner) 6153rd Ave. S. E., Cedar Rapids, Iowa 52401 (Address) (City) (State) (71p Code) Iowa State Highway Commission Ames, Iowa - Gentlemen: - Approval is hereby requested for the use of Primary Highway I !n'Sec. (Number) T -79-N R` -6-14 JohnsonCounty rrff in Iowa City (Direction) Tr�l (Place, Town, Etc.) at: Highway Station(s) No. 46+50 t0 49+44 for the accommodation of an telephone line for the transmission orvoice signals The installation shall consist or Dlacinq a telephone Cable along Highway #1 between (Detailed Description). Station 46+50 and •49+44. J. G. #98657,' PrtJ 49< and will be located as shown on the detailed plat attached hereto. i AGREEMENTS: I The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) sragraes that the following stipulations shall govern under this permit. L The location, construction and maintenance of the utility' installation covered by this application shall be In accordance with the current y Policy. Iowa State Highway Commission Utility Accommodation 2 The installation shall meet the requirements of local municipal, county, state,' and federal laws, franchise rules, and regulaUone; regale- Uons and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department,of Health, all rules and regula- tions of the Iowa State Iilghway'Commisslon, and any other laws or regulations applicable. 3. The Permittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused .' by, highway construction or maintenance operations 1., 4. The low& State Highway Commission shall give the Permittee at least 48 hours written notice of nay proposed construction or maintenance work,. on either Wating or newly acquired right-ofway, that is likely to conflict with the installation belonging to the Penalties, In order that the Permittee any arrange to protect Its facilities 1 ' S. The State of Iowa' and the Iowa State Highway Commission assume no responsibility for damages to the Permittee', property occasioned by any construction or maintenance operations on said highway: 6. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard the lives and property of the traveling public and adjacent property owners, 7. The Permittee agrees to give the State Highway Commission forty-eight hours' notice of its Intention to start construction on the highway p right-of-way.. Said notice shall be made In writing to the Engineer whose name is shown below. - � Si S. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of Intention to perforin .routine maintenance j within the right-of-way. Said notice shall be to the Engineer whose name to shown below. S. The Pomlttee, and its contractors, shall carry on the construction or repair or the accommodated utility with serious regard to the safety of the public. Traffic protection shall be In accordance with Part VI of the current Iowa State IUghway. Commission Manual on Uniform ^.',iTref(lo Controls. '. Highway commission personnel may supervise nagging operations where considered necessary, by the Engineer. The original Dface- ment of signs and removal on completion of the work shall be accomplished by the (Penalties) (IUghwny Commission). (cross out one) 1 � i i i 1. 10. Operations In the construction and malce of said utility Installation shall be carry In such a manner as to cause a minimum of interference to or distraction of traffic on highway. It.: The Permittee shall be responsible for any damage'. that may result to said highway because of the construction operation, or maintenance of said utility, and shall reimburse the State of Iowa of the Iowa Stale Highway Commission for any expenditure that the State of Iowa or the Iowa State Highway Commission may have to make on said. highway because of said Permutes's utility having been constructed, operated, and maintained thereon. 12. The Permittee shall indemnify and save harmless the Stale of Iowa and the Iowa Slate Highway Commission from any and all causes of action, sults at law or in equity,, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of, or due to the acts or omissions of said Permitlee's officers, members, agents, representatives, contractors, employees or assigns arising out of or in connection with its (or the!r) use or occupancy of the public highway under this permit. 13. Non -Compliance with any of the terms of the Highway Commission policy, permit, or. agreement, may be considered cause for shut -dawn of operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused to be performed by, the State in removal of non -complying construction will be assessed against the Permittee. 14. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials. 15. The following special requirements will apply to this permit: NDne • f APPLICANT: JF Northwestern Bell Telephone Company By Engineer Name of Owner Signature B E. $nOJr/; Title 6153rd Ave. S. E., Cedar Rapids, Ia. 52401 Date MAY 4 197] l ' Address - i APPROVAL OF CITY OR TOWN (If proposed line Is within an Incorporated town or city, the Council of said town or city must grant approval for Installation.) I: -"The undersigned city, or town Joins in the grants embodied in the above permit executed by Iowa State Highway, Commission on condition that all of the covenants and undertakingstherein running to the. Iowa State. Highway Commission shall insure to the, benefit of the undersigned city or town. The permit is approved, by the below delegated city or town official." By Date j Signature Title APPROVAL BY THE STATE FOR PRIMARY HIGHWAYS i Date Resident Maintenance Engineer APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS i Recommended Resident Maintenance Engineer Date District Matntenance Engineer Date , a Approved !; Assistant Maintenance Engineer '. Date R,Notice of intention to start construction on the highway right-of-way shall be sent to: Engineer peeress Ice or Intention to start maintenance on the highway right-of-way, shall be sent to: as .cm ea, of this application w be required for all lnstallani4s. Address Telephone T6 1-a -an K Nsw Mnrak LoDGE j PC 6S1- 67o I r6 r y >4aa�V �R ftmVL. 777, fi a y5C- uw•.bU.� 6 7 8u/-16 3d, 6S1-70U L601-Y.151-/601 3a, b . ;x C Is! 300 [ �01'f l6l /Idi� A. Dn A, 13 - I to N L FY fo9L iZ'O KS-aa L �- U as-aa QIE- BEDS 7001PeuS ja/ 0601-Y /Sl lfd�) 3a, L91-7900 Ctol=9, ISl-/60�3a.691 L6ol-v,/u-/bad A n-/a "C601_Y /6/-/G,7) j,A, d. /] I3 -d5 NL A 13-a5 NC" 1 r .t 70 $o r bA5 a Loc. Es. a I S �. STD. NRS. ' .TOT. TOT. UNITS MRS ..:n.T. EL JIj 0OUNTy TOVNS/P 2ftvGE NECTO — ci. Cr 6 SERV/CE O,DTE: E29T NUMBE.e. :CgBLE ,tECO.eP:. t i 3( d 3C PLL ; '' PEBM./7S Qro UIE E0 NONE 0. G'OUNTy0 'Qg1ZRo.400 OTNEe 0 [OCAri01V ENGz: 6E 5 rzgeE.eiP e u CPN/NT PI CA 30r DeE+' P.egT.1k n�sot #ad657' n` Tn sh%v RTTEP�Y , SEEPRT. 3FCIR RMNIL g° Tr ^ PC 6/98 ten: PL i,nl-IR, I -SO AUM-100 s o us1 aob a----------------------------- � C,51 -/DO 'QI DISC , m : All W -300 -- ", F, v -iaoo:; NL Yu � c N I /OI - /S.3a. 65l-700 C. iS/ 307 1'5, r �I ;.+.siPRS DES', SPL.LDC. Sro. HR5. 3 .O a CODE. I. Oxrt^ `+ SPL. LDC. DCS: SPIL 510. HRS TOT. IOL UNITS' :HRS JdI� .•� -CODE Uiuh y I,' I r 1..6 /y �/ Form562 IOWP*TE HIGHWAY COMMISSION a.rs ` Application for use of Qct Johnson Highway Right or Way for Utilities Accommodation Permit No. Applicant': City of Iowa City (Name of Owner) 410E WashingtonStreet Iowa City Iowa 52240 (Address) (City) (".late) (Zip Code) Iowa State Highway Commission Ames, Iowa Gentlemen': Approval is hereby requested for the use of Primary Highway US 6 f, 218 Nine (09) in Sec. (Number) T 79N g 6N Johnson County N•A• miles, N.A. from I within the corporate limits of Iowa City (Direction) `I. (Place, Town, Etc.) 'at Highway Station(s) No. 4+00 to 32+00 for the accommodation of an 240-480 volt single phase' line for the transmission or power to an existing�treet' rlightiny' system " The installation shall consist of a buried 3" steel conduit to house wiring' of nn evisring, street (Detailed Description), light system Pull boxes will be placed behind existing street light poles and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) " a fees, that the toll owing stipulations shall govern under this permit. g i, L The location, construction and maintenance or the utility Installation covered by this application shall be in accordance with the current f Iowa State Highway Commiesloa Utility Accommodation Policy. it 2. The installation shall meet the requirements of local municipal, county, stale, and federal laws, franchise rules, and regulations, regula- tions end dlreetives. of the lova State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rales and regula- tions of the Iowa State Highway Commission, and any other laws m regulations applicable. .� S. The. Permittee shall be fully responsible, for any future adjustments of its facilttlea within the established highway fight of way educed ' q! by, highway construction or maintenance operations. v. �' 4. The Iowa State Highway Commission shall give L're Pormlttee at least 48 bourn written notice of any proposed construction or maintenance :1 work, on either existing or newly acquired dghtK,fway, that is likely to conflict with the installation belonging to the Permittee, is order that ,!fit; the Permittee may arrange to protect its facllitie s. • 5. The State of lows and the Iowa State Highway Commission assume no responsibility for damages to the Permlttee's property occasioned by i:. any construction or maintenance operations on said highway. .6. The Permittee shall take all reasonable precaution during the constructlon and maintenance of said installaLlon to protect and as egua d .'' the lives and property of the traveling public and adjacent property owners. 7.r, The Permittee agrees to give the State Highway Commission forty-eight hours' notice of Its Intention to start construction on the highway right-ol-way. Said notica shall be made 1n writing to the Engineer whose name is shown below. S. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of Intention to perform routine maintenance within the rigbt-of-way. Sald notice shall be to the Engineer whose name Is shown below. 8. The Penalties, and Its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety it li: of the public. .Traffic protection shall be in accordance with Part VI of the current Iowa State Highway Commission Manual on Uniform .Traffic Controls. Highway Commission personnel may eupervlse nagging operations where considered necessary by the Engineer. The original place- tj , went of signs and removal on completion of the work shall be accomplished by the (Parmittee) (Highway Commission). :` r ' (cross out one) /ti?2 10. Operations in the construction and m' ranee of said utility installation shall be ca on in such a manner as to cause a minimum ' of Interference to or distraction of traffic Old highway. • - it. The. Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance of said utility, and shall reimburse the State of Iowa or the Iowa State Highway Commission for any expenditure that the State. of Iowa or the -Iowa State Highway Commission may have to make on said highway because of said Perrnittee's utility having been constructed, operated, and oraintalaed thereon. . 12. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes or action, suits at law or In equity, or losses, damages, claims, or demands, and from any and all liability and expense ofwhatsoever nature for, on account of, or due to the acts or omissions of said Permittee's officers, members, agents, representatives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit. 13.'. Non-compliance with any of the terms of the Highway Commission policy, permit, or agreement, may be considered cause for shut -down of operations or withholding of relocation reimbursement until compliance Is assured, or revocation of the permit. The cost of any work caused to be performed by the State In removal of non -complying construction will be assessed against the Permittee. I: 14. A copy of the approved permit shall be available an the Job site at all times for examination by Highway officials. 15. The followingspecial requirements will apply to this permit: APPLICANT: By 1Name of Owner Signature Title Date I'I Address i r: APPROVAL OF CITY OR TOWN � , (If proposed line is within an incorporated town or city, the Council of said town or citymust grant approval for installation.) zi,^P"'The undersigned city'or town Joins in the grants. embodied in theabove permit executed by the Iowa State Highway' �I Ccmmission on condition that all of the covenants and undertakings therein running to the Iowa State Highway. Commission'. shall insure to the benefit of the undersigned. city ar town. The permit is: approved, bythe below delegated city. or town official." t BY I;, Date �'. Signatures Title APPROVAL BY THE STATE FOR PRIMARY HIGHWAYS i Date Resident Maintenance Engimeer Ali i APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS AND INTERSTATE HIGHWAYS �. Recommended Resident Maintenance Engineer Date 1: JJ1 District Maintenance Engineer Dale: : Approved Assistant Maintenance Engineer Dale i Ir. I ii Notice of Intention to start construction on the highway right-of-way shall 6e sent to: f „. Y [near': Address Telephone Notice of intention to start maintenance on the highway right-of-wayshall be sent to: Eagineer i Address Telephone" this, application will be required for all installations., 0 ., __ -__.- �I ..� i �' City of Iowa City MEMORANDUM 1:00 4:15 P.M. Conference Roan 1:00 P.M."- Review zoning applications 1:15 P.M. - Review Council agenda 1:30.P.M. - Discuss innovative Project Grant- Kraft' '2:15 P.M. - Discuss' Traditional Public Housing - Seydel 2:45 P.M. -'Discuss final review Rehabilitation loan program - '3:15 P.M. - Discuss', elderly and handicapped transportation 4:00 P.M. - Council, time i June 7 1977 Tuesday 7:30 P.M. --Regular Council Meeting Council Chambers June 13 1977 Monday a • Informal Session Agendas June 2, 1977'' -2- June 21, 1977 Tuesday 7:30 P.M. - Regular Council meeting Council Chambers June 27, 1977 Monday 1:00 - 9:00 PM. Conference Room 1:00 P.M. - Review zoning applications 1-15 P.M. -`Review Council', agenda 1-30 P.M. - Review Caiprehensive Plan slides 1-45 P.M. -Discuss Comprehensive Plan June 28, 1977 Tuesday I, 1:30 P.M. -, Special Council rreeting to open bonds. A quoran Conference Rn of the Council at this meeting is '.imperative. 7.30 P.M. -'Regular Council meeting Council Chambers I; I Pending List I' Budget Process' Excavation Ordinance "I Resource Recovery, Coralville, University of Iowa I ';'�I,Colleative Bargaining , I I .. Risk Management Hou smg Maintenance and Occupancy Code ,I Site; Improvements Project t i � I I'i I I City of Iowa City IF IVIEIVIORAt®lUli/1 - TO: Neal G. Berlin, City Manager DATE: May 25, 1977 FROM: Tony Rushnir, Asst. City Attorney �� V RE: Rock Island/Lafayette Street Bridge i As you recall, the City of Iowa City has been negotiating with the RockIsland Railroad Ccnpany for a settlement of expenses incurred by the Rock Island for the Maiden Lane Bridge --Lafayette Street project. For your information,,a brief and concise history of the project in a form of a memo from GeorgelBonnett, then City Engineer, to Dick Plastino, is attached to this memorandum. The Railroad Company on November 20,'1975, sent a letter to Mr. Patrick'Strabala, then Director of Finance, listing & schedule of bills which at; that time were still outstanding. This schedule reflected an outstanding amount totaling $29,008.60. As you recall, there was some question as to whether any of: this outstanding amount reflected the cost incurred for the construc- tion of the Lafayette Street bridge which: was never constructed. In reviewing the original agreement between the City and the Rock Island Railroad concerning project, rnthe -ect, there has been se question in my mind whether the agreement in fact included the oonstruc- tion of the Lafayette Street bridge. In fact, this concern was reflected in a letter to Mr. Ralph E. Speer, then Director of Public,Works, on October 8, 1977, fromthe Chief Engineer.of the Rack Island. At that time the agreement was modified, or rather clarified, to include the Lafayette Street bridge.'' The Chief Engineer for 'Rock 'Island then requested Mr.Speer's-approval of the clarification. Ralph Speer signed the approval on March 22, 1972. The question then arose as to whether Mr. Speer was authorized' tosign the mrodificationand'thatwhether:said signature bound the City to it. ,This is important in the context that should Mr. Speer!s signature not bind the City then any expenses incurred by ,the Rock Island on the, construction' of the Lafayette Street bridge iwould be at their own peril. Because'of'the potential impact of the authorization on the contract, :I researched the minutes of the Council meetings eon- ceming the acceptance of the project and spoke with Jay Honohan who was' the attorney, for the City at that time, along with George Bonnett, then City',,Engineer. All three, sources confirmed that the agreement was to include the Lafayette', Street bridge as well. I am enclosing a copy of the minutes of a regular Council meeting on June 15, 1971. My con versations with Mr. Honohan'and Mr. Bonnett confirmed what I read in the minutes,''that is, that the agreement between the City and the Rock Island was to'include 'the construction of the bridge at Lafayette Street as ,well as the work on Lafayette Street and the reconstruction of the Maiden Lane -Gilbert Street overpass. a _2_ • Accordingly, it's my opinion that the clarification signed by Mr. Speer reflected the intent of the City Council and thus a legal obligation was created on the part of the City to pay for services and labor with respect to the Lafayette Street bridge. It's my understanding that during the Fall of 1972 then City Manager, Ray Wells, directed the Department of Public Works' to discontinue any additional work on the Lafayette Street bridge in that there was'sam feeling that the bridge was no longer required. It was the railroad's position that labor and services were performedwith respect to the Lafayette Street bridge/Street project which they were not reimbursed. On April 25,,1977, Ms. Rosemary Vitosh,.Director of Finance, and I'met with representatives of 'the Rock Island Railroad wherein we discussed the amount claimed as outstanding accounts.' During the course of the discussions,, several items:'clairted by the Rock Island were conceded by the representatives to'have been for bridge materials which have since been returned; and used elsewhere. Accordingly,; the revised figure is for $21,783.10 F which reflects the cost of labor and servicesperformed in reliance on the contract. Inview of the discussion above, I would find no legal barrier to prevent us from paying the outstanding amount. Should there be any further questions, please don't hesitate to ' contact me. Thank you. i -' Tony Kushnir if Attachment I ' r if G if,i City of Iowa City MEMAVMV&O ANDD DATE: October 17, 1974 TO: Dick Plastino, Director of Public Works FROM: George 'Bonnett, .Deputy Director/CityEngineer RE: Lafayette Street Bridge Per your request, the following is a synopsis of events related to ,the proposed replacement of the Lafayette Street bridge, between. Gilbert Street and Dubuque. 1. On December 15, 1970, the City Council authorized an Engineering Agreement with Powers-Willis'and'Associates for the design of a new concrete slab :bridge on Lafayette across Ralston Creek. 2. On February 18,'1971, an office memorandum was forwarded to Ralph E. Speer, Jr.,,then Director of, Public Works, from Fred Moore, City Engineer, indicating that in order'to`carry out the Council directive to pave'Lafayette Street that the railroad tracks would have to be relocated south and their grade adjusted' accordingly. ' Fred, additionally ,commented 'that the Lafayette Streetrailroad bridge over Ralston Creek would have to be moved south:in order to make room for the, proposed new Lafayette Street bridge. You will find 'a copy pylof the site plan for„this , bridgerattached to this memorandum` showing the old location of the 'railroad tracks as well as the new proposed location. Fred, pointed out to Ralph that there appeared to be a problem with 'respect to "right-of-way for the:railroad in this area in that the 1951 Municipal Code states in.part, ",the right—of—way hereby, granted shall in no case exceed 20 feet in width: across I and along said streets and alleys nor shall they ,exceed 116 feet in width along Maiden Lane". Fred noted that the Code in! question did not state where the'20 feet ,should be located and suggested that the City Attorney might give us a ruling as to 'where the required railroad right-of—way, might lie.' It : is a mY understandinB that the City 'Attorney gave averba l opinion., e f; d that by o tfie fact the railroad had been 'there several Y i years they had aright to be where the tracks currently', exist. A copy of the appropriate section of the 1950 Municipal Code is'attached for your. convenience. 3. On March 29, 1971, the Iowa Natural Resources Council granted a permit for the construction of the, Lafayette Street Bridge. 4. On July 16, 1971, a letter was sent from Ralph E.,Speer, then Director of Public Works, to the railroad assuring them that we would pay for the railroad bridge relocation."- I ictober 17, 1974 2- .Lafayette Street Bridge 5. On March 23, 1972, an agreement was forwarded to the Rock Island Railroad indicating that we would pay for the relocation of the track as well as the rebuilding of the bridge. I have? attached a copy of that agreement which shows both a planned view of the area in question as well as a profile. , 6. an July 12,'1972, the chief engineer of the railroad forwarded a set of the plans for the new railroad trestle to the Iowa Natural Resources Council for approval. 7. On July 15, 1972, a letter was forwarded by the chief engineer, of the'railroad',to the Iowa Natural. Resources Countil indicating that the grade could not be raised an additional one foot and pointed out that the railroad had increased the cross sectional - area for flow by 580 square feet and increased the length of the.bridge from'56 feet to 99 feet. 8. on September 22: 1972, the Iowa Natural Resources Council issued a permit to the '.railroad approving of construction of the railroad I. trestle: 9. It is my understanding that during the Fall of 1972 the City Manager, Ray S. Wells, directed the Department of Public Works to discontinue any additional work on the, Lafayette Street , Bridge in that he did not feel the bridge was required. ,n 10. A bill has been received from the Rock Island Railroad in the amount :of $5,424.23 which',would-,pay for the materials allegedly 4 currently'stockpiled for the constructiontof their trestle adjacent to tha proposed Lafayette Street',Bridge. This bill " is dated 'April 4, 1973.' This bill' has not' :been forwarded for payment in that a definitive decision was'not made as to the Lafayette Street Bridge Project. i 11: 'Additionally, approximately $20,000 in other bills have been recieved from the Rock Island Railroad related to.the revised grade work adjacent to,the 'Gilbert Street facility. These bills have not been approved in that a'decision has not yet ' f e' plans for the Lafayette o th been made as to the dispositionp i•, Street Bridge. 12. ,The Rock Island Railroad has made repeated attempts to verify the status of the Lafayette Street Bridge and has requested' that we either: pay their bills or`inform ;them that the Lafayette " Street Bridge. is no longer a viable construction project so that they may remove the materials for other projects. I trust that the above information will be helpful to you in conversations with the City, Manager relating._to this project and if you have any questions; concerning my knowledge of the events please don't hesitate to contactl,me. "Imm, WA..." X.,100 Cllicapa, Hock Island and Pacific Railraad Company LA SALLE STREET STATION I CHICAGO, ILUNOIS GCSOG ENGINEERING DEPARTMENT. October 8, 1971 File 102053-4 ..CO 202367PLEASE SHOW OUR nLE NUMBER AND. DATE IN REPLY Mr. Ralph E. Speer, Jr. P.E. Director of Public Works Civic Center iIowa City, Iowa 52140. Dear Mr. Speer: Reference is made to your letter of July 16, 1971 covering.the relocation of our tracks in Lafayette Street and the construction of a new railroad_ bridge over Ralston Creek in Iowa`, City. Attached is an estimate of cost for the track work and grade raise in the amount of ,$27,205.00 and an estimate for the new bridge in, the amount of $20,142,23. Ae track ,work estimate is based on the City presently owning or obtaining, the additional right-of-way required in Block 29 -shown on the attached print. The estimate for the bridge is based, on a timber pile trestle 100 -foot long. We assume it '' that the Iowa Resources Council ,will approve this type of structure. We have also: ,i assumed that the power poles shown on the ;print will.be relocated by others.. 'i Because of other projects now underway, Rock Island forcea and equipment will not be available for the Lafayette Street work until January of next year. Work on the bridge can begin thenand the track work performed as soon as the weather permits; most likely in mid-March. i It is my understanding that the:Lafayette Street segment of the Maiden Lane project is covered by Section III B 3 of the agreement between the City of Iowa ! rY-malls and Rock Island dated July 2,.1971; Because the scope of the Lafayette Street segment as outlined.herein,is not consistent_ with the ldescription of work ' in ,Section III B 3,I'would appreciate it if you would acknowledge, by signing a copy of this letter'and.returaing At to me, that the.work.described herein is covered bthat Section and the Rock Y" Island is,.to.be:.reiibursed for the cost of .. the work under Section XII,of said agreement. ` I regret any inconvenience to the•City,because,of the Rock Island's work (Continued on.page :2). i � i Mr. Ralph E. Speer, Jr. October 8, 1971 I _ Z _ ' schedule, but I assure you that.it is the best that can.be offered under the circumstances. ..Verytruly yours, C.`:E..Weller ;I Chief Engineer' Atts. APPROVED: 1 1 Direct r of Publi Worka 3 7 7Z l' T;' I •f 11 I I � r CC Mr M. R.;Ewing j i 1 H,I . a I 71 t I 'I I I y j I 1 .. ll I i Y f '1 MINUTES OF A REGULAR COUNCIL MEETING OF JUNE 15, 1971 IF The City Manager requested authorization to sign a contract with Barton to update the parking study, cost not to exceed $5,000. i' It was moved by Brandt and seconded by Connell that the request be authorized, Butherus voting 'no', others voting 'aye'. Motion carried, j 4/1. The City Attorney reported on the 'agreement with the CRI & P Rail- :road concerning' the underpass on^Maiden`Lane and the Lafayette Bridge and requested authorization farexecution of the contract by the Mayor. It was moved by Connell and seconded by Brandt to approve the request. Upon roll call Brandt, Butherus, Connell, Hickerson and White voted 'aye'.' Motion carried. The City Attorney discussed the Ordinance setting up the Legal Department for the City, and requested further discussion at an informal meeting. 'The Council scheduled the discussion for Monday June 21st. It was movedjby Connell andiseconded by Butherus that the suggestions from the Planning; and Zoning Commission with respect to rezoning the properties adjoining Conway Addn:, Lot 11 be specifically referred to Planning and Zoning for recommendation. Motion carried. ; i d b Connell and' econd d b Brandt to adjourn to It was move C 1 s e B y y j 's r' ;i executive session on Monday, June 21, at"4PM in the Conference Room; for the purpose of.discussion acquisition ofparcels 84/10 and 83/4 for the R-14Urban Renewal' project. Upon roll, call Brandt, Butherus, i Connell,' Hickerson ''and White voted 'aye'. Motion carried. c .MINUTES OF 'AN ADJOURNED COUNCIL MEETING OF JUNE 21,.1971 i The City Council of Iowa City, Iowa, met in adjourned session on •I the 21st day of June, 1971, at 4:00 P.M„ CDT, in the Conference Room I of the Civic Center, Members present: Brandt, Butherus, Connell, Hickerson, White. i Absent: None, Mayor Hickerson presiding, l ' It was moved by Connell and seconded by Butherus that the Civil Service certification of''eligibility of Edward Schultz and Ralph Cox,,', as Patrolmen in the Iowa City Police Department be':received and 'approved. �. j Motion carried. I Urban Renewal Coordinator Jack Klaus explained the adjustments to appraisals for parcels 64/6 & 7. It was moved by Brandt and seconded, by White to 'adopt the Resolution Establishing',Fair Market Value for Acquisition - of Urban Renewal Prooerty. R1 Proiect. 64/6. 6G/7. n'1/A s RVin .it' • ., „ i i �z, I j _..�. ',. - -- - (. r. 2. 7. Development of, Information and Referral reporting format and distribution to cooperating agencies. 8. Letters sent to individuals or organizations for needs assessment. 9. Conducted 12 sub -committee meetings and participated in 11 meet- ings with agencies concerning ,the project. 10. Attended workshop on classification and 'definition of human service programs. 11. Began to schedule sub -committee meetings with agencies concerning needs assessment. Problems.- 1. roblems:1. It has Ibeen difficult to maintain the balance between agency pro fess.ionals and lay people on the sub -committees. This Lias resulted in problems with service definitions and classifications'.' 2. Many multi -county agencies are not able togive client statistics for Johnson County only:., 3. Budget information, by program, has been difficult to obtain. It may not be possible to;get-actual expenditures by program as a result. ' 4.' It has been very difficult to structure the work of he Family and Individual Life Services Committee, consequently we are :not antici- pating their report to be completed during the first year of the study 5. i Many of the needs assessment methods which we would like 'to use cannot lie -conducted in; time to',be'used during 'the first ;year of the study. (Random sample surveys of school children and parents' and senior citizens,;for,example.) Projected Activities for June 1. Correction sheets for Johnson 'County ,Services Index sent out. . 2. Questionnaires for needs assessment developed and distributed. it ,. 3. Social indicators analyzed and summarized. 'i 4. Each sub -committee meet with at least two agencies. concerning r needs assessment: 5. Follow-up on church, school, and agency questionnaires completed and all responses summarized. 6. Method for handling data across program lines developed. ;WORK PLAN 6/1/77 - 2/28/79 June 1, 1977 Send out correction sheets for J.0 Services Index. Development'of Information and 'Referral data collection procedure for United Way, Library, Heritage Agency on Aging June 15 Questionnairesfor subcommittees developed and distributed (Suggested:Churches'; Attorneys, Legal Aid; Private Psychologists, Psychiatrists, Social Workers; Schools,; Parents, Youth, Agencies in Juvenile Justice Area, Foster Parents; Judges, Prisoners, Parole Officers;: Law Enforcement Personnel; Institutions, Other Client Groups). June 30 Social indicators analyzed and summarized. i July 7 All questionnaires returned and summarized (including agency service inventory) July 15 All previous and current studies summarized July 22 Subcommittee meetings ,with agenciesandorganizations around needs assessment and service categories completed. ' July 29 Deyelop outline with subcommittee for service profiles. _August'15 i Citizen Survey, for balance of`Johnson County completed. August 26 Staff work on serviceprofiles completed. "!.-Aug 29-Se'pt. 2 :Subcommittees meet to review information. Sept: 6-16 Meetings, with agencies and organizations to discus's profiles;; placement_ of agency programs within categories, and ''definition lof services. ,'September 21 Full Committee meeting to discuss draft of profiles. ii.October 11 .°i Revision of profiles completed. Oct. 11-14 Subcommittees ;develop recommendations 'October 20 Steering Committee reviews recommendations. ,'October 27 Full Committee, reviews recommendations. November 1-7 i Draft of recommendations made available to agencies, , organizations, and funding bodies for comment. Public meeting ',held. November 9 Full Committee meets to discuss agency comments and approve final plan. (over) i November 16 Regional, Planning Commission meets to approve report. November 23 Report sent to funding bodies. December 12 Full Committee meets to evaluate first year's progress and develop preliminary plans in year two. New pages for Johnson County Human Services Index sent out. NOTE: Second year work plan will be contingent upon results of first year's work. Revised work' plans ',will 'be prepared in December, 1977 and June, 1978: Jan. 1978 Determine which new service areas to study in year II. Determine which special problem areas identifiedduring' year I;need additional study.`', Discussion on recommenda- tions for future human service planning. Present results of year''I to Title `XX'regional planning body,HACAP, District Crime Commission, and other multicounty 'social service; agencies. ,Examine reaction°'from:funding, bodies and Regional Planning Commission to'year I' recommendations. February Design instruments to be used in resource identification and needs assessment.' Development of work 'plan '_for year II. Continue work on Family and Individual Life 'Services: i March Administer resource identification instruments for new service 'areas. Begin to do follow-up. ,Determine, social indicators and studies' to use as background, April Summarize results of service -inventory and previously ' 'conducted studies. Analyze and interpret social indicators. May -June Administer needs assessment instruments and begin meetings withagenciesaround needs and relationships among agencies. Send out correction:sheets for J.C. Services Index. ' July' Development of outline for profiles: Begin' developing profile. Complete work on Family and Individual' Life component. Auguste Complete profiles. Begin developing plan for continued I human service'planning. September I Review profileswith subcommittees and agencies and organizations.' October Consolidate profiles into unified package with 'steering committee and'full committee:' ,I 14 I, i% ) . (3) November Review results, and recommendations with agencies and organizations. Seeklapproval and plan with Regional Planning Commission.:, December Consolidate year's I'!and II results and recommendations. Present '_to>funding bodies. Jan'. -Feb. Implement plans for on-going human service planning. 'i 1979 Staff Allocationito Human Services Study JCRPC Executive Director 10% JCRPC Secretary 50% H.S. Planner 100 H.S. Planning Associate' *(CETA Position) 100% HrS. Planning Associate'' (Through August) 150% U. os I. Research **(U.bf I. Funding) 50% Practicum Students (Unpaid) •; !(1-2) Dept. of Social. Work 4/5 .Mime - 6,months (1) Dept. of Urban & Regional Planning - 1/12 time = 10 weeks 1 ' { �i *ET gh 9-30-77 C A funds a rou approved th I **`July 1`�- May 15 I I I I' r I � .4, 11 t 1 I I I I k I 1 I I t 1 I( 1. 1 Y. i% ) I RECEIVEDOY 2 7 1977" COMa"!EE TO R$PL,6CE THE F-86 JET WITH A SUITABLE MEMOVAL MINUTES OF MEETING May 24, 1977 Mee ing was held at 8:00 p.m. -in the ground school rocp at the airport terminal building.. Pete Peterson, new chairman of the Airport Commission, and Jack Perkins', retiring chairman of the Airport Commission wpre >;. named'co-ehairmen''of this committee. Peterson stated that the old F-86 was not repairable and w ked':for;-comment son what psnbersconsidered an appropriate 'replacement. Ray'Westfall, Legion Post i17, suggested a stone or marble monument. i'The: _desirability of a replacement memori4l in the same sp ot, and 'as soon as possible was: mentioned because of a t9pdency for: enthusiasm to wane with timer:a memorial to the MIA's WAS encouraged. Lonis;'Cox, VFW.Post 13949, stated that he felt the memorial should be to those who gave 'their lives in Korean and S. Vietnam conflicts sigAp.that,is how the F-86-wap'originally dedicated; ` he felt tfiat'iieauty :was in the eyeof tlse beholder, and .that a plena was as'beautiful as many of the drt objects downtown; he t believed•that•a plane is relatively easy to maintain. Bob.Natkins, Legion Post 1721, stated that his ;oat at their, last malting for replacement of the F-86 with another plane. MarkiSutton, Legion Poet.117, Ioffered personal comments about 'thtiscattefed Memorial Day.'services in Iowa City.in rs - Su ested:that 'ossibl !'one central, memorial for. recent ea _ Y 44. P y all! branches ,of th'e"'service for, servicemen of: all 'wars` might be nore`,significant,.and'that"he envisioned a•pentagon with plaquos for the 9: branches. of service, surrounded by living',plants. A >'College Hi11'?ark_'site was, mentioned as,possibly being more t desirable that the airport.:' Peterson stated that the airport site is not a ;redrawn conclusion, and that the reason the airport' commission is actively tin,involved is becaus exit is willing to have airport property used for -such a purposo again if'�his.is desirable. ' Lee .Brandrup,;representing the young veterans at the U of I, favored,,a,living,memorial`with all branches o! service represented, > „ and urged that on, appropriatslmemorial be daoided upon, and that the •locstion then 1?i solectad: Tf3e Hoover gravesits at West • s Branch was cited as a living memorial which was very -impressive and well-done. Bill Potter, Legion Representative, MIA's, questioned the leeway we might have as to location. Dean Labaster, Legion Post 'r 817, stated he thought almost any location on city property could be arranged-if the memorial was in good taste and had wide backing. Flo Beth.Ehninger, Project Green, mentioned that the neighbors ` might resist-College.Hill`Park and that any location should have !' parking spaces nearby for Memorial Day Services. A flagpole as part of the memorial was discussed. use of such a'site for y Campfire Girl ceremonies., etc. waR mentioned. i Sutton•spoke further in favor of College Park. r Dick Fedderson Chairman of:committee that, established the Robert C. Kadghin Memorial, questioned what we were really trying to do, and mentioned that'although'he favored'an aircraft over a r' jeep or•cannon,that is different memorial might?better represent .,. all branches of service. He stressed that dedication to the MIA's KIA's and WIA's is,appropriate, but that the full extent of the suffering by:MIA families cannot be stressed�enough'.and possibly 3' the msmorial.shauld`Ibe dedicated tp the MIA's. IFedderson showed ' pictures of some memorials at Vicksburg and Andersonville and stated that the Superintendent,at the Vicksburg memorial whom he f knew .would be helpful. He :suggested that)our Medal of Honor veteran in Iowa City (Heppel).should have,a big part in the dedication; and that the opportunity for, g an outstanding creating memorial'in;lowa`City,,with Art Department and Project Green help ( on hand and•'available .waa unique i` Potter stated that he felt all branches of 'service should be < memorializedand that he liked the College'.Park location. Westfall agreed LaMaster suggested that we decide what type,of memorial we want and then designate acommittee to proceed. p7pC John Hartnett,''Legion Poat 81976, NorthLiberty, stated that he felt"that-removal of the F-86 amounted to desecration of a grave, and that he felt the plane.ahould be replaced. i i". A question regarding ',the dollars, required was raisedi to s11. obtaini,a plane would probably cost $3,000, plus 'erection expenses. ar . 'Fedderson' felt:•. that• .the dollars for; a 'memorial would be r• available_• from Project Green and 'other sourceepbut that more cooperation from', the publio would be forthcoming for an r. appropriate memorial than for a plane or tank type ,memorial. ' -2- l . ff t I1♦ 4. Yn tx is t r p LaMaster stated that his first aFt86n and that then remover K the party', responsible for removing the should replace, but that legal rami and the problem of obtaining a suitable replacement made this avenue impractical. 1� He felt that all positive aspects of reestablishing a memorial would be lost, if we stop to argue over who was, responsible for _what was done. onger available. Regardless of Potter stated P -861e are no l the type obtained, there will be substantial cost. Said he is leaning more to the other type of memorial. Fedderson felt that by sticking to our stated objective of establishing, a suitable memorial, and establishing priorities, we �TMtS,•; dap get; the, dollars required. Suggested a' cotmnittee to decide P, what this memorial will be. He believes that if the memorial s�.. inclu'dea all _branches and'.all wars, participation by p be greater. ,t LaMaster moved that the memorial h0'fpr all branches of }, service and for all:wara. Seconded by Wat{ins. Approved unanimously, to .ori inate',.2 or 3 suggestions t ee 4 Peterson appointed a commit for al memorial for consideration by the entire group at our next:tneeting. Committee to consist of Hartnett,?Neppel, Sutton, i Fedderson, Ehninger, and Hrandrup. ' Hartnett moved that Peterson check with the city !about ^. IColle a Hill Park location, Watkins seconded. p` availof 4 tK Approved•unanimously. or Fedderson suggested that those present ask other veterans f f ideas; Potter -stated that, 'heIs been 'entrusted to'makesdecieions for his, group -An the recommendations and action by the people alrea8y`appointed to the committee will be. the most ',expeditious.way to;proceed. rL HYandrip hoped ae could get community support for the College lark location: t The next meeting of the entire committee will take place on June; 7th at 8:00 p. m. at the airport. r ' In the meantime the: memorial subcommittee will meet to 1;ideas and present recommendations. ! 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Illl utg lot al out Ifue"r ilinn:r i ry Ibiinehirld Income ar.61 ..I "3y fil if t; Li�j Il i 5.001l. f,a9`I i r fill' C, loge �) 1 <:)I.rga1 tia, anu r $Sf1.; 111111 and ov,r 1 H "o An, eer and 01 her ' Thiput l, ihr. .... 1.'In (amfli 11 rnuvr fl it is hard to interpret !. 1111, Ilgor,. suer the "land yrs" 1n Ihr survey are ac,tuailyhousehold% ul varying nitaranit ton H,sl Jt•nie h'pc'. Ilghi� nin p r n 111 hn•.• n ii1I:F ter a •I nr nalre )Ice In .1140^ f roll, 1 ,a r 1 r 1 "1 nJ Ilartn nl I t1 dull IJ I it, IIIc lien III 1 1., 1 Ii1 rv6lnr) h r.'.. f4 ur duplexes Inl 1'. 111 nl hie tApr- I ,,qw ), r, p. it lite..... . 1 Iir _+lA (Itlurl vt )1. pv,yI 111 ..11.11, Ihi'! 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'llm.11..glpgf .4'r of I hw.v proj•15 m rrl uC't II u: WIng v.5 I IrnLl uu fol the hl tlu grpr.l 1 I ':nd luw.l l ltq. LII lhl 111 f11 :'mlh'mld mJ. Un1951 .II. of ht,' uit u.l la.11 .. 1 . ��, r, al l .,I I l5 •Illy 151 u516.:J ul rhl IIIiS l�ll. r�i' llw I.I lltr.0 LIIILir I I I:I:I II tl•.'� dl. e I r Ihr IoO:IMn I+ CROSS.: r511111 11 I:Jh rml. III tl a 1 r I l (:uII t luj; l1 ]I ovmlll II . I•:I I,1 Ilt Sn t 1: •. '. J ro5cirt eml r r. I .. I '. �rrl' unl� .. I u't .IIC /9:•,r I n:,. .. .:I'. 4.l lti la rl atlun.� In�lyv 41r. ®1 Vumhr f..t It .I I •I I .I I I'I 'I: ti'r lll:'t". t1 Irl.r 'illlf 11 t r-1 �'..I I,r'I',.r... Ilir''I.b rl. d•.-. Ir •:4l•:.. -xilh lh. ag, grki j) ,1-.r .rr. ivip : tl.: rt, 1'.. „I•, .I 1 rim school.. n,-rd. .in.h nuL' , 1`rr.m� ur ,r •held i t I, tlI rl; I Sumhriof r.' 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Minimization of interference of land use ingress/egress prepared to assist Iowa City in the development of a city upon arterial circulation. plan. Trafficways are an essential element in the development of a city, and many other elements of a city Minimization of the adverse impacts of trafficway d are dependent wholly or in part on an efficient trafficway development and operation upon neighborhoods and system. This report summarizes basic trafficway ecosystems. principles, evaluates the Iowa City system and presents 4. Minimization of transportation energy consumption possible trafficway systems to aid in the plan development through trafficway design which provides alternative process. energy-efficient modes of travel within the system. BACKGROUND. Trafficways are an integral part of a 5. Maximization of the role of trafficways providing multimodal transportation system. Just as the primary .identity, order and definition to the organization of the. goal for a multimodal transportation system is to provide city. for the safe, orderly and efficient movement of people and goods, so too is it the goal for the trafficways system. In a As all of these roles of the trafficway system are fulfilled, medium-sized city such as Iowa City, the trafficwaythe system can function with equity, efficiency and system is of primary importance because it forms a ! environmental quality. network on which all other forms of transportation must depend. Besides vehicular circulation, the trafficway system also serves as the primary system for transit, EXISTING SITUATION. The existing traff icway bicycle, pedestrian and truck movement. Additionally, the system is organized around a grid pattern in the central trafficways serve as access to air and rail transportation. area arterial streets radiating from this central area.. Toward the periphery of the city, curvilinear local streets Other criteria which should apply to trafficway systems predominate between arterial streets. The trafficway include: system provides high levels of access to the central 1. Provision of appropriate levels of access to different business district and the University, but it does not provide a similar level of access for cross-town traffic. and uses. I c 1. v Y 4 I FP 1 \ `p -1 \I TRAFFIC PROBLEMS — �EXISTING j �c Tv PROJECTED: SEVERE I __.-� tows 1977 r �.m,�,�. `AfNMN PROJECTED:' MODERATE —� r As in the shown map on the precedinggage, problems Other problems eent in the trafficway system are arising from the trafficway system include: unprotected intersections in residential areas (which could be corrected by improved intersection design), congestion 1. Congestion at the river crossing where heavy east -west at major intersections (which could be improved by better flows intersect heavy north -south flows. (Some relief of signalization and intersection widening), pedestrian/ this problem could come from a bridge crossing which vehicle/bicycle conflicts (which could be improved by would not intersect at Riverside Drive.) selected site design solutions), and on -street parking (which could be improved by increased utilization of low 2. Inadequate cross-town arterial system, which results in traffic volume side streets). poor traffic operation on arterial streets and in cross-town traffic filtering through residential neighborhoods on local streets. (Correction of this problem could come from PROJECTED CONDITIONS. It has been I facility improvement or construction of new facilities, more control of land uses abutting arterial streets and use projected by the Area Transportation Study (Johnson of traffic diverters to localize traffic in residential County Regional Planning Commission, 1977) that several neighborhoods.) of the existing arterial streets will either require substantial improvement or need to be augmented by new arterials to 3. °Under -utilization of the transit system, partly due to a properly function by 2000. These projections were street system primarily designed for private vehicle use. developed from modeling techniques which analyzed the (Improvement of this situation can come from expected number of trips between various origins and concentrating intense land uses along transit routes, destinations within the Iowa City area. As determined by improved subdivision design and reinforcement of the the Area Transportation Study, trips in the Iowa City area city's basic radial layout.) are predominately to and from the central area with additional concentrations of trips to community shopping 4.Environmental disruption of residential areas due to and industrial areas. (Also see the "Traffic Problems" map many arterial streets which have to serve the incompatible on the preceding page.) functions of arterial circulation and property access. (Improvement of this situation can come from the s Based upon the projections for trip generation and development of a truck routing system, subdivision design attraction, the existing problems, general financial which does not allow single-family access directly to considerations and site planning principles, arterial streets and increased use of landscaped buffers to recommendations for the development of a trafficway plan reduce air and noise pollution.) I I and a land use plan are presented in this report. POSSIBLE: DESIGN SOLUTIONS _ The development of bus stop lanes with bus shelters and accompanying benches, mail boxes and telephones 71 increases the awareness of, how the transit system works, *� provides weather protectionand security for transit riders ' and reduces conflicts between buses and cars, and cars and people. I CM B ttE S HCLTEAI ". ® r •� 1zrx WITH MAIL r' 'COX AND '� 1.-L.Y—I LE p1oA1E � y y�•yI, JII y IN I ® ® Through traffic on grid -pattern streets in residential areas can be discouraged through a number of means. Traffic control devices may be effective in some cases. However, as shown above, diverters are very effective In eliminating through traffic. When diverters are used In an organized — pattern,,they can provide a separated pedestrian system within the traffic grid. i r. r � I On side streets in high-density residentisi areas, parking problems can be significantly improved by the development of on -street parking areas, or by other alternatives such as developing peripheral parking areas, reducing the need attractive for autos in high-density areas through planning for pedestrian oriented lifestyles, and regulating parking on streets by city ordinance: ®® ®®J I Uf ilk Uhf �uJ ' ® EXISTING S -MEET ® PROPOS AL-I'MNATrVE . Y y < i!. • " k �7i�mm ,.r,�n7�i g fpr . �iiaysnr .rr�.r s amrrsa� .� .ir,� TRAFFIMAY POSSIBILITIES INTRODUCTION. A map of trafficway possibilities of traffic, should be well buffered with landscaping and and analyses of three principal alternatives are contained in ample rights-of-way. the fold -out pages following the design standards. These trafficway possibilities represent a street system designed SECONDARY ARTERIAL streets serve a dual to serve the needs of Iowa City in 2000 (60,000 people) and is that function of circulation and access, with circulation taking hopefully to 2030 (70,000 people) It not expected this plan will be implemented by 2000, but it represents precedence. Secondary arterial streets should be developed to carry large volumes of traffic (5,000-15,000 4 some projects which will likely be built and corridors that should be protected. These possibilities were developed vehicles/day) in a grid and radial pattern which supplements and is continuous with the primary arterial to assist in the development of a land use plan and do not system. Secondary arterial streets should offer direct I represent a plan, but an illustration of the concepts included in this report. Land use and trafficway planning property access only to large industrial, commerical, institutional, and multifamily residential sites and should are interdependent, and adjustments of this system will be be buffered from residential uses by ample landscaped ' necessary as a City Plan isformulated. IThese possibilities transitions. I are based on the assumption that new urban intensity development will take place largely within the existing city i limits plus the Ralston Creek and Willow Creek watersheds COLLECTOR streets serve the dual function of and the area immediately south of the city limits over 200 circulation and access, with access taking precedence. meters (650 feet) above sea level. Collector streets should be designed to carry moderate ', volumes of traffic (1,000-5,000 vehicles/day) relatively short distances from origins or destinations to arterial - I : FUNCTIONAL CLASSIFICATION. Functionally, F N CTI need L fulfill two roles: circulation and access streets and the return. The collector street system should be discontinuous, with street lengths no longer then one to'propertyi The trafficway possibilities establish a kilometer (0.6 mile) as a general rule. Collector streets; should provide access to all types of land use, but with functional classification of primary arterial, secondary arterial, collector and local streets, with each classification single-family residential access preferably onto local representing a shift in relative importance of the circulation streets. and access functions of each type of street. LOCAL streets serve the function of circulation for PRIMARY ARTERIAL streets' principal function is access to property, Local streets should be designed to carry only small volumes of traffic (up to 1,000 vehicles/ to provide for vehicular circulation, with access to property day) and discourage both high-speed and high-volume through secondary arterial and collector streets. Primary arterial streets should be designed to carry large volumes use. The local street network should be relatively continuous; but individual streets should not extend much of traffic 115,000 or more vehicles/day) and should forma beyond one kilometer 10.6 mile) in length nor have direct l continuous system of a ring and radial streets serving the access to primary arterial streets; access to secondary l core of the city:', Primary arterial streets servo as the arterial streets should be minimized. Local streets should principal truck routing system of the community and, provide access to all land uses except the most intense '': F because of the adverse effects of trucks and largo volumes uses such as industrial, institutional and commercial. r. r � I TRAFFAAY DESIGN SYUDARDS The following minimum street design standards are recommended for the development of the Iowa City trafficway system. The standards establish a hierarchy for the orderly development of streets designed to serve particular functions. These minimum street design standards will require modification to meet particular circulation requirements at intersections. However, variations from these minimum standards should not be made unless a severe physical constraint is present. (Note: Minimum standards are expressed in both feet and meters.) PRIMARY ARTERIAL. Primary arterial streets are to be developed as boulevards or expressways, with a median separating opposing flows of traffic. At intersections medians will be used to provide left turn storage lanes.' No perking is permitted on primary arterials and maximum acceptable grade is 8%. PN 1 IkI I'I1 rr 7.5. � r SECONDARY ARTERIAL. Secondary arterial streets may be developed either as three- or four -lane facilities. At intersections with other arterial streets it may be desirable to widen secondary arterials to primary arterial standards to accommodate heavy turning movements. No parking is permitted and maximum acceptable grade is 8%. 0.3 r.i�'f3.4m COLLECTOR. Collector streets may be developed as two-lane streets either with or without parking. At intersections with arterial streets, elimination of parking and the provision of a left -turn lane Is recommended. Collector streets should not be longer than one kilometer (0.6 mile) to discourage through traffic and maximum grades should not exceed 10%.' l 0.3 LOCAL, PRIMARY. This type of local street is intended to serve residential areas which have a density greater than ten dwelling units per hectare 00 DU/H or 4 DU/AI. This type of local street should not be longer than one kilometer (0.6 mile) and should not provide a direct route between streets of a higher classification. Parking may be permitted on both sides of the street and y maximum acceptable grade is 12%. VQ 0 0 !R LOCAL, SECONDARY. This type of local street may be developed if either of these conditions are met: I (1) if it serves residential uses with a maximum density of ten dwelling units per hectare (10 DU/H or 4 DU/A); or (2) if it serves no more than twenty-five single-family residences and they have adequate off-street parking (four spaces per dwelling unit). This type of local street should not be longer than two hundred meters (656feet),,and ' should not have on -street parking or a grade in excess of 12%. I I i II �, i { ('( f• Y j tm—i--'=---i m w n I-� LOCAL, RURAL. This type of local street may be developed in areas with single-family residential densities I less than or equal to one dwelling unit per hectare (1 DU/H �.� or 0.4 DU/A1. This type of street is ideally suited to areas of steep topography; therefore, maximum grades of �•i . 20% are acceptable provided transitions do not exceed 111 12%. The length of this type of local street should not it exceed one kilometer (0.6 mile). ) ,I I a n12 b J ("'SEE� S US 518 ANALYSIS vu� I JI' ) A � f�lj�] O TR4FFICWA EXISTING POEF FACILITY PRO PRIMARYARTERIAL !10EA/I ,, 'OWA i.^I�TIA�...SCFOCOFDAgARTERIAI LOCAL INTERCNANOE ®.. INTERSECTION P 1 o N 4 / o ■ J mile joining land. r �\SEE I� Insututeof ' -uchasIowa: r ROCK ISLAND y, teHst, or EXPRESSWAY / r `east -west 'a r t ANALYSIS - pdf ze energy n I ■ -,to them by , i�melingsummer s 4 rl 1 w s was tin, ._. �■ I'L77 7.■ ■. a;■ toll __ ■ .r•' _ ■ ■ o` -- '' .'-, ■ ■ - i";' ire:------------ �� ., ■ .' ■� C , \ VQ.uurtnv of r1fd NtwfO ■■■RT 'ommittos: Richard ^71■, " ..-� 1 rf ekobsen, Mary 1 _iter. Q\\remnis R. Senior P `n Iiler, senior Planner nt pJoanne SomskY, i �pst; De6be c1v ' Ay M♦'.+ \ � I i; LOCAL, PRIfl.k intended to serve?' � greater than ten '� DU/AThist(0.( one kilometer (0.1�,. j route between stt may be permitted' maximum accept. ° � h i i iC'r li 1 � SEm v_ ' $xmo m N; cam .pus V .°. :z$= E ° ; -E E' .$ mm cc m . a m m "a.2 o N c m V. m m4 ' y 3a c c�$ >�vC� a u$�. 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C 'a9 o c > o . q= A ..E Vi e t a Ill C V; v 00 p t V Z L A N co 0, NG MS muD -^ ' D' = .2 m@ E '^ 5 m> CU. W neo WV 8'>y0y Q c` E AC NJ I y�DC•_.A N gCO's ` D Ol Al03 Q i w or=.E �qG enol m q "ct m wE>�:� Du u W CO .q •'L W C W N 2 q _r� �2 o y0 cN a yQ. DO 5 y¢ 3z o U O n dL E ', E « v n E m a i n ?` O O O J Q U 42m o . i > o :III q= A SAL �. Ill C V; v 00 C m C. .m.• � O muD -^ ' D' = .2 m@ E '^ 5 m> o c o C zq D Ol Al03 m q C m C m m an d 1.0 D m L. q" c'E-3. Lm C q w d .b � C ,0 d'tH c `02 D I,C O E 'm„ o z.. E e9E a:o u o - g > �^a> o cw _`o -b 2'E 22 c m0''InE I3. ivn a U�E e o E'9 0. r: IZ'DU V 'tvh' sE q c j. J O mD vvIlq,go .m Icm y O q _ O L y A— mrg ESD nqE Iym� Iq uE 'v ENE L�U 4Y=U C O O Om NN'r LL.• m I i m O I T � q �.Om C .yw� 16 t o I D AD ,32 m • _ � u''. Ei m m ,, E'I >o c $ c.o .ro. 'E I o If o rq'D m` g Z > 0 C m S pN CG@ 9 u I.a: tJaiD l�iio:°�I� 'o0o ='E r. �c� �R�•� : of Li•r�$vlSi .D:O.O 0p� Jar U— —. yd�Q qZ I •t. I I Z O O m b O] N N t m E yy w E � 3 o s m I.'m mOolp i dL b. q•q-6.6 m E d mq N4c t aD,a e .1. ``a' m E .0 �3 y C w E ''• is >�m 0 to 3 s E pa mm. jd : VLU Z V OED Z E = " p. C 5:9z a 1 �I 0c,$•r' Omu roeE 41 a 2 o 2�Y t7 AR w Q oc2we O,°m_'So SD iL ? q o', °c C J e s u = L 0 D m �p a> c b c ' c c a= O 00 0 O .-.0 . gcc rn� E i S 4 u' m E.m D E 2 W m W c c E 0 I d;: ENVIRRNME' NTAL AND ENERGY CONSIDERATIONS Design of trafficways to serve many modes of transportation can result in substantial energy savings. 4� Gpop E-1-Te re— Oak Ridge National Laboratories has determined that buses are twice as energy-efficient as cars, that walking is itiQ W twelve times as energy-efficient as driving a car and that j bicycling is one third more efficient than walking. Also, bicycling and walking help to conserve scarce fossil fuels. PI573WCE 'repXJFJ..Ep PER UNIT t �D Uet UI PI!. A CAtG OF ENE12641 IIIIII IMOD., Rt�rN6 P t3 u5 II(h TND¢TH . wAr_ K r NG Energy efficiency can be built-in to serve adjoining land C7 r_300 0 mot—]013 uses and, aid conservation. The American Institute of Architects recommends that for a climate such as Iowa City's most local streets extend east and west, or preferably twelve degrees east-northeast of oast-west. 2XeIN& A BtKF Trafficways built in this manner will minimize energy MCD o C7 rJ M O ❑ o OOb consumption of structures located parallel to them by reducing unwanted winter winds and channeling summer a breezes. Separation of arterial streets from residential areas by distance, barriers and landscaping is recommended by the U.Si Department of the Interior. Trees and shrubs located close to streets reduce noise and air pollution. Residential structures should be located no closer than thirty meters] (98.4 feet) to arterial streets, unless substantial buffer I I I I I t�CN plantings ten meters (32.8 feet) in width or other sound barriers are located as close to the street as possible. I' II I GUNAGINBP[pPL[Ay HnNApuroyin. aep,ptla[e0 rhrnupb Die [auOny of F,Nd New4'ePn r SvnOrcem. ov A. Prepared for the Comprehensive Plan Coordinating Committee: Richard Blum (Chairman), Part Cain, Carol doProsse, Jane Jakobsen, Mary Neuhauser, Rob. art Ogesen, David Parrot, Juanita Vetter. By the Department of Community Development, Dennis R. Kraft, �' i' I, \ • . O 0.., • . Director, City of Iowa City, Iowa 52240; Rick Goshwiler, Senior Planner y " IProlect Planner); Margaret Garrott, Assistant Planner; Jeanne Somsky, Editor/Graphics Technician; Janell Palmer, Clark/Typist; Debbe Simpkins; Clark/Typist. / Printed on 100% recycled paper. April, 1977, ii Wity of Iowa cit WHY of Iowa Cit ml\ u"Am nn DATE: June 1, 1977 TO: Dick Plastino, Director of Public Works FROM: Jim Brachtel, Traffic Engineer RE: Yewell Street Postcard Survey The City has received a request to remove parking from one side of Yewell Street between Deforest Avenue and the north end of Yewell Street. A Postcard survey was conducted to determine the opinions of abutting, residents who would be directly, affected by the prohibition. The results of this. survey are listed below. EAST SIDE WEST SIDE TOTAL RESIDENTS' RESIDENTS POSTCARDS SENT 26 20 46 FAVOR REMOVAL 9 9 18 OPPOSE REMOVAL 12 (1*) 7 (2*) 22 DID NOT RESPOND 4 2 6 PREFER EAST SIDE REMOVAL 11 3 (1*) 15 PREFER WEST SIDE REMOVAL 10 (1*) 10 (1*) 22 NO PREFERENCE 1 2 3 (* indicate-respondent_wassenti.ng)__. Additionally, 11 space was provided for brief comments. Commentary included "not enough traffic to be problem", "parking removal will increase vehicular speed", '.'hig p " sufficient off-street her speeds make unsafe conditions in parking to accommodate all the vehicles owned: in the area. Some residents indicated that some 1, of the homes had boarders or were rental property -and 'this-land•use,change,from-single family -dwelling has -significantly - increased the car population. OBSERVATIONS 1) :The width of Yewell Street is 25' feet back -of -curb to back -of -curb. 2) "Three fire, hydrants are located:on the west side of Yewell Street none on the east side: 3) 1;Localized congestion does: occur due to, parked vehicles. 4) _'Parking removal will present storage problems tosomeresidents. 5) 'The 1973 On -Street Parking Spaces Survey conducted by, the Public Works Department estimated 36 parking spaces on the east side and 42 Parking spaces on the west 'side.' i �Ity of IowaCit DATE: June 1, 1977 TO:Dick Plastino, Director of Public Works FROM:Jim Brachtel, Traffic Enginee3:.B RE:Dewey Street Postcard Survey The City has received a request to prohibit parking on one side of Dewey Street between Summit Street and the north end of Dewey. A postcard survey was conducted 'tordetermine the opinions of the affected residents. The results of this survey are shown below.` EAST SIDE WEST SIDE TOTAL RESIDENTS RESIDENTS POSTCARDS SENT 1 6 7 FAVOR REMOVAL 0 2 2 i OPPOSE REMOVAL 0 1 (l*) 2' DID NOT RESPOND 1 2 3 r FAVOR REMOVAL FROM THE EAST0 1 1 FAVOR REMOVAL FROM THE WEST - 0 1 1 NO OPINION.EXPRESSED 0 1 (1*), 2 (* Respondent is renting) Thefollowing comments were also included: "restrict from Brown Street", "could mean,parking several blocks from home"; and "creates problem for backing out'.of drive". OBSERVATIONS 'i 1)"'Street width.o£.Dewey_Street is 20 feet wide. 2) ,No fire hydrants, exist on this portion of Dewey Street. 3)' An estimated 12 parking, stalls exist on the east side and an estimated 7garkin stalls exist on the west side. P _ COMMENTS There is no clear consensus of opinion resulting from the postcard survey. The facility serves only 'abutting property and it, appearsthrough traffic is minimal: Parking restrictions could present storage problems for those homes which have boarders or>are being used as rental properties. RECOMMENDATIONS Council deny the request for a parking prohibition. t. r >I� � �.� ,:. i' r• No. CITY OF IGVA CITY, IOWA EXCAVATIGN PERMIT DATE: NAME: ',' ANNUAL DEPOSIT CN FILE r.. ADDRESS AM=1 OF SPECIAL DEPOSIT $ FARP66t AND LOCATIQY OF3VORK: EXCAVATICN � o , i 'YS� J � rt I i • �` , e` Type�of Surface-, r t 'W `A , 'Ix.F:.!. All , � t ti w 11 l'_. Ih•Ht5 a l..! vd, 5- 1�. 1 S'..� h r �•-: I - �:r �� Backfill Materials` PA .i. (� $ /cu. yd.= Yf A ,0; TOTAL r , i ' ;Start Date Finish Date SKEICiI;OF JCB LAYOUT: Ur .Yr ' ?+ i� +t •tr` '` � ct A3 tr j E ;' t 11 I, }`. t' ` �q 1 �} A rv!y , A) s�: A 1 7 r .P} t j It 1 l rV ! •i F 5 i t , 1 'on'Permit �Conditions h r , I. i I Director "Permittee ; N "Inspection Date 2%3 Deposit Return 'fit Initial Comments:� Final Inspection I Dam}ents. •' .I f ,,. 1'a.f4 ,. .. L• iA ... .. .... ., rl, .al.,. .'�. .., Q. 'e ... ,.. P 6fif. :+5� .r. :d`•.n n Deposit Returned 1, ,,.Final i L '' r 1{ar gl�.rrh t N! d ! ..xl ,� ! �, P •I', !r. l+ r, ,�I�L�`r'v ��}tw°.[•"u'' 1 Y {r t•. �{u/°�a�Y J''ti 1 �...,xY C . •h.,,.� a y1 f'yl PERFOFMANCE DEPOSIT SCHEDULE r SPECIAL DEPOSIT For first 100 Pt or less $ 100 00 � For each additional 100 ft or less 1' 100.00 Minimus' deposit 100.00 ANNUAL DEPOSIT ` For $1000.00 all excavation 1 i i 01. GJ tii t K t �Oy I . Y. 1, �i ! .I v d , i t + r. h .. ORDINANCEyNo. ) �, AN ORDINANCE REcuLATln�c '11113 OPINING Arra ZXcnvnTuvc or k' PUBLIC PLACES: RLQUIRING"'A PUMIT AND PAITENT OF'A PERFORMANCE DE1)CSIT: IAOSING MIRFNUMS FOR THE PRD TECTION OF LIFE AND PROPIMIY IN OaNNECrIOV W'IMI F.XCAVA- TION WORK, INCIMING TRAFFIC AND PEDESIMAN SAFEGUARDS: HIMATING THE BACKFILLING AND RESURFACING OF EXCAVA TIONS:AND PRESCRIBING PENALTIES FOR VIOLATICNS'OF 714ESE PRDVISIONS. SECTION 1. CITATION. This Ordinance shall be knoav as the "Street Excavation Ordinance of the City',of Iowa City. Iowa." SECTION 2." DEFINITIONS: ' For the purposes of Ithis Ordinance, the following words shall have the meaning given tl ` A "City" shall meanthe City of Iowa City. , .ti B "Director",'shall mean the City Manager of the City or his/her authorized repre- >1 �11k• 1 ), SentatlVe { � '?�J,�,r •.. , I �'y , h, r, ! ��il Y' .ity�ti 'h '�•'..,ti C i',;,.t/ �`�'�'>`,! `11 '•'r 7, ;1 i 7 C. "Excavation" shall -mean any. opening '.in the surface of a public place nude by any w p � means lbti Tl. D. "Person"'shalLtnean. any person' firm partnership, association, corporation ,, ''.`, municipal',department, ccrrpany or organization of any; kind. y i E 'Public Place": shall mean any public street, way, place, alaey, sidewalk, park, ' square,: plaza, any; City -aimed right-of-way or any "other public property a ned or 'w controlled by the City of Iowa City and dedicated to public use. yAns F "Specifications"'sha l m an,,the latest edition of standard Specificat'i'ons for Construction on Primary,. Farm to Market, Secondary, State Park, and Institutional `!- Roads and Maintenance Work on the!Primary Road Systcm, lova State Highway Cotmus- ' sion, ' Ames'. -Iowa , ! y' G"'' "Substructure" shall mean any pipeui , :condt, duct, tunnel, manhole, vault, buried cable,.,or wire or any other. ,,similar structure located below the surface of.)any public place:, H "Utility"•shall mean any public utility regulated by the Iowa Commerce Commission, pee'rsons holding a; franchisectn .frthe City, and other similar persons. l y .c, , Ir �. s'+ jISECPICN 3 EXCAVATION PERMIT persons making ort filling any•excavation in any public place shall first obtain,a 'tl ;. permit}from the. Director ',except as provided in Section 19; Permits shall be obtained '?, at least. the day prior to rnaking.an excavation:' No excavation, permits are"required,, , for substructure installation in anew subdivision prior to acceptance of the street improveneits by theCity ,I SECTION 4 APPLICATION'• No excavation permit shall be issued unless a written application is submitted to the Director on a form provided by the City. The application, when approved shall at constitute a permit SECrICN 5. CERTIFICATE OF INSURANCE C Beforefan excavation permit is issued, the applicant shall deposit with the City a certificate of insurance; in an amount to be determined by the City Council by resp=,' il)y lution'Tne certificate of insurance shall list 'the City of Iowa City, Iowa, and its til r ' officers, employees and agents,' as additional named insured. F"M Utilities,."City, departments; and other governmental agencies, may be relieved of the obligation of submitting such a certificate of insurance. ' li :bl 1T • rtl; 1 I • , - 'tor Hp 1n ,"d+. { i' ) uer.l r fCttj3 ,' t• ii f:��f i,tot. J ,41 4{,.:(, 'IF 1 y 91 �Y.1�G ''t�-, 1,.'..7slS, : -t; r. ..�• I.tSr$Itrka a.. L .. d.. 1:., .d. i. .. . f. r .,\_. ,r M. I-0. ./.l n�,.?7x. SL'Cl'ICN 6. ` PERFORILA.NCE DEPOSITS it:rt•cinr=ee',deposits are required for any excavation in it public place. Deposits required under this section shall be a cash security, A. Purpose of Deposits: All special or annual deposits shall serve as security for the performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to complete the work under the excavation permit. B. Special Deposits: The application for an excavation permit shall be accernpanied by a deposit, made in accordance with a rate schedule adopted by City Council resolution. C. Annual Deposits: In lieu of, individual special deposits, any person intending:, to make'excavations in public; places shall maintain, with the City Treasurer, an annual deposit in accordance with a'rate schedule adopted by City Council resolution. ,! �., D .'Refund of Special os Depits: Upon Director approval of the work covered by the permit, two-thirds of the special deposit: shall be pr tly ref punded to the permittee, and the balance 1" shall be.released to,the permittee one (1)'year ,later. ;,-.. E. Refund or Reduction of Annual'Deposits: Upon request, two thirds of;"any annual deposit shall be refunded at the end of ' the one-year period for which the deposit is made. The balance of he annual ` deposit shall be released one year later. .-If no refund request is received, the deposit shall be carried over'for use as the annual deposit the following year. F. .Use of Deposits: .r Deposits shall be used to pay the cost of any work the City performs to restore or; maintain the public places in,the event the'pernrittee fails to perform the r l be reduced b the amount _ .; work. The acrount release extended. the permittee shal y expended." Work -done by the City shall be at uniform fees based on labor, maternal, Y" and overhead expense t � n EtGions' from DePits. z „ ¢;Where excavations' are made by City'departments or persons or utilities operating Y under..a franchise issued by the City or regulated by the Iowa Camrerce Carmission, ,aipermit, `may be granted without making such deposit., In such cases,, the permittee t ;r shall be liable for the actual cost of any work done by the City in; restoring, ; rthe area. The City shall, in the future, require deposits from any; such permittee if a bill rendered in accordance withthissection becomes delinquent. ';tra SECTION 7!. TRAFFIC CQN'I'ROL r ,I s to and from private property, block emergency lb permittee shall interrrupt,acres P _ vehicles, block access to firehydrants,' fire stations, 'fire escapes, water -valves, underground vaults, valve housing structures, or any other vita]. equipment as designated `. by .the Director. If.;a street closing is required, the applicant will request the assistance and the approval of the Director. It shall,be the responsibility of the permittee to notify and coordinate all excavations with the Police, Fire, and Transit Departments. ?!: 11re,peimittee shall take appropriate measures to assure that L'raffic conditions as near-normal as.possible shall be maintained at all times. '^} klType,I','and Type II barricades, . as,defin in Part VI of the Manual of Uniform Traffic Control Devices, must be used ,whenever it is necessary to close a traffic Is or, a. ; sidewalk. Barricades are to be's:UPP 'lied"by the permittee. If used at night, they must be seflectorized, have barricade warning lights r and must he illuminated o i1 •; o r. t. ., , . r gd4,jl r t�yT,f 19 .. 'i'I a @p. r ? ti. •. r)`r. i � rT �FJCa i .•!� �a l !- r ✓ rA�. ,� i rrir y �.�J�t,��r, A�+� is { �✓ A4 , i., Gi�• �I r; , .n 1. � ��'"4r1...��.2,.s„�. Y a� ` iAt.��.1. .•i��4 i!•'1'Sil ..l{ �1f.JtLA11f.1\L As a general guide for all maintenance and construction signing, Part VI of the Manualon Uniform Traffic Control Devices shall be used. 'Die permittee shall illustrate on the excavation permit the warning and control devices proposed for use. At the', request of the Director, such warning and control devices shall be increased, decreased or modified. Oil'flires or kerosene lanterns are not be allowed as means of illumination. SECTION 8. PROI=ICN OF PAVED SURFACES FROM EXZUIPI>FfIL' DAMAGE Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on, any paved surface. Tracked vehicles are not permitted on paved surfaces unless,' specific precautions are taken to protect the surface. The permittee will be responsible for any damage to existing pavement caused by operation of such equipment and, upon order of the Director, shall repair such surfaces damaged by excavation equipment. Failure to do so will result in use of the performance deposit to repair any damage. SECTION 9. 'PRO=ION OF ADJOINING PROPERTY :c The permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. ,The permittee shall, at his awn expense, shoreup and protect all buildings, walls, fences or other property likely to be ,r damaged during. the excavation work;.and.:shall,be'responsible for damage to public or private property `or',highways, resulting from failure to properly protect and carry -out excavation work. ;Failure to follow; the provisions of this section will result,, in the use of the performance deposit to repair damage. SEMON 10. RELOCATICN AND PROTECTION OF UTILITIES,�^ The permittee shall notify the owners oflall facilities in the excavation:area at least one (1) day prior to excavating except as provided in Section 19. The cost of nnving` facilities shall be paid,by the permittee.,:. y The permittee,shall support and protect all pipes, conduits, poles, wires or other -apparatus apparatus which may be affected by the excavation work:; The permittee shall deter- existence of all underground facilities within the excavation area by exposng'prior to machine digging and protect the substructures against damage. SECTION 11. BACKFILLING OF E r-AVATIO:N'i DER OR WITHIN IVO FLET OF PAVED SURFACES " The trenches for all substructures that lie under paved surfaces and traveled ways. or ' within two (2)(feet of paved surfaces shall be backfilled' with excavated material to required grade in layers not to'exceed 'six' inches (611), and each layer shall be compacted to 90'm of modified proctor density., Granular backfill meeting City speci- fications may also be placed by, any procedure which results in 9% compaction.r SEMON 12. BACKFILLING OF UNPAVEDAREAS AND PARKWAYS 's acavated soil'shl'be carefully deposited and satisfactorily tamped in uniform al ' layers Inot greater than six inches (611) in thickness until the backfill 'reach e the top of, the substructure. The remainder of the trench shall be backfilled in uniform y layers not exceeding' twenty-four inches (24") in thickness, and satisfactorily tamped , k to within one'footiof the surface. The backfilling operation shall continue with soil until the backfill rem ins slightly above by the ground level. Excess material shall be disposed of. a Granular backfill meeting ,City specifications may also be used; however, soil shall :3 be used for the final foot of backfill. I SEMON 13. REPAIR OF SURFACE The Director may specify the type of resurfacing required for any excavation, hav ever in the absence of specific direction from the Director, the following spec- ifications shall be used for resurfacing of an excavation: +'- A high tvoe asphalt streets.The pavement shall be neatly sawn one foot (1') : ` back from each side of the excavation and removed to a,depth necessary to reach undisturbed subbase or soil. A concrete patch equal to the thickness of the existing pavement, but in no case less than six inches (611) thick, shall be 'Placed in the excavation and brought up. to a point two inches (211) below the -final surface. the permittee will complete the excavation with two inches (2'!) m of asphalt. The concrete patch used in excavation work shall be an M9 mux and . X shall meet Section 9390 of the Specifications (see Section 2, Definitions) N ns' , arlaa ', rc Y P` B. Concrete streets. The pavement shall be neatly sawn and ranoved one foot (1') t back from each side of the excavation to a depth necessary to reach undisturbed subbase soil. It' a construction or expansion joint is within five feet (5'),of 1.110 edge of the patch, the surface shall be removed back to this joint. A concrete patch equal to the thickness of the existing pavement but in no case less than six inches (611) thick shall be placed using a 1,14 mix in accordance with Section 4240 of the Specifications. C. :Brick streets. Excavations in brick streets shall be repaired using the original brick or other brick suitable for traveled surface. A six inch '(6") concrete base shall be poured using a 514 mix. Above this, a sand -cement cushion one inch (1") thick shall be adjusted so that when the bricks are paved and rolled the top surface of the bricks will be at the required finished grade. The joints between the bricks shall be hand tight and shall be no greater than one-fourth inch (J").A dry mixture of one part Portland cement and three parts sand shall be be spread over the top of the patch until the joints are corgiletely filled. The surface then shall 'be fogged lightly with water. D Low type Streets When a street consists of a seal coat, dust seal. or other thin, lav type surface, an asphalt_patch at least two inches (2") thickshall be ; 4,Placed. The asphalt'shall be rolled with a rubber, tired vehicle until a cense, a},f tight surface is obtained „ • 'other structures. Whenever an excava- r,h�, •j t ; E .:: Sidewalks', driveways curbs andgutter, tion cuts a sidevalk, driveway, curt and gutter or ottier structure, the excava- tion 'rtion shall be backfilled,'as described in Section 11.!,A neat ;saw cut shall be °1;,5` i"I made!one>_foot (1')`back from each side of the excavation to undisturbed soil; ., :on sidewalk, the pavement'shall be removed back to the nearest contras �''. ; �`:+ „'+however, %tion or expansion joint.' All. broken or spalled concrete or structure material ` shall' be; raroved and the surface shall be replaced using anM4 mix in accordance ;h • '^ with Section 4240 of the Specifications. }:�: �.f 5, `,� ,• .. a .i :. `Parkways. and other unsaved`areas. The face.of cultivated grass areas shall ,f� x " F. ,be seeded.. is the i, responsibility of the, permittee to establish a good stand .It of grass. The area shall.:be left free from, debris and clods: On steep erbank- ments,or,upon request'of,the Director, sod or other erosion control techniques shall be used for" restoration .31 All cuts:are to be made to a depth of two inches (2) or deeper. ,G Saw cuts.;'; saw The reminder of the slab shall be broken off I belay that point in a vertical I plane. Saw cuts' shall!. form a rectangle around the excavation. methods to 'cutting 'of pavement will be required upon H Boring orrother prevent request'of the Director. ' .., SECTION14TIh1E OF OOSIPLETION E`' �. •.. All 'excavation work and backfill11 ing covered by, the pemit'shall.becompleted in a n r �1 `manner as determined by,.the Director. Alter canpletion of the excavation and x ;prompt backfill work;!;restoration of the surface shall;be completed within fourteen (14) x days unless a'trmeextension is granted by the Director.'' SECTION 15 NOISE, DUST AND DEBRIS ,•, Eachpettnrttee shall conduct excavation work in such manner as to avoid unnecessary r inconvenience and annoyance to the general public and occupants of neighboring Gy` property'. In the performance of the 'excavation work, the permittee shall take appropriate measures to reduce noise; dust and unsightly debris. ` No work shall be r•done between the hours of 10:00 P.M. and 6:00 A.M., except with 1.110 express written permission of the Director, or in case of an emergency. r ' SECTION 16. INSPECTICN Random 'inspections may be made of procedures described in,thi Ordinance and the permittee, shall correct his. procedure if so ordered by the Director. Failure to do 1q so will result in use of the performance deposit to correct or complete wprk r .L a, SECTION 17. CLEAN-UP As thesexcavati rk progresses, all public right -0 -ways and private properties d"f thorou 1 cleaned of all rubbish, excess earth rock and other debris ,t All shall Y ;be clean-up operations shallbe done at the expense of the permittee. If the permittee fai]s;,to clean-up within twenty-four,,(24) hours ,after notice, the Director shall authori2e the work done. Such work shall be paid for with the performmce deposit: L d,. :r. ..e...... .114, , �r4. .N E . c.p ,e .1 .�� i� •_T• 3'� � � � .TR �� d;' .at5 .ww�R,.!!5lii'+e �1i, 1 ty, It ` SECTION 18, TRLNQ{ES IN PIPE LAYING L.xcept by special perrnission'frcm the Director, no trench shall be excavated pure than 300 feet in advance of pipe laying nor left unfilled metre than 100 feet ui:ere pipe has been laid. SECTION 19. E11MENCY EXCAVATION Nothing in this Ordinance shall be construed to prevent excavations that may be necessary for the immediate preservation of life or property. The, person naking excavation shall apply to the Director for a permit on the first working day after such work is ceamnced. SECTION 20. PRESERVATION OF MONUMENTS The permitt ee'shall not disturb any surface monuments or hubs found on the line of excavation work unless approval is obtained frcrn the Director.' SECTION 21. 'PENALITIES Any person violating any of the provisions of this Ordinance, upon conviction, shall be punished by a fine'of not less than five dollars ($5.00), nor more than one t*' hundred dollars ($100.00) ; SECTION 22 PEPE= Section 9 60.3'of the Afunicipal,Code and all other Ordinances or parts of Ordinances in conflict with this'Ordinance;are hereby repealed. :'.. sECTION 23. SAVINGS CLAUSE. "If any section, provision or part of the Ordinance shall' ;y be; adjudged to be invalid or unconstitutional, such adjudication shall not affect- " the. validity of the Ordinance as a whole or any section, provision',or part thereof adjudged invalid or unconstitutional. ,r.sEcri 24. EFFECTIVE DATE.. This Ordinance shall be in effect after its final } approval and.publicat'ion as required bylaw. Pansage,. It was moved by t and seconded by i that the Ordinance be finally adopted, and upon roll call there were: � .h i r}AYFS.: NAYS. ABSENT: Balmer — 5; deProsse a n, Foster� i, �.F • 1. , Neuhauser ?; Perret J .'Selzer ;. —_7,Vevera 1 Mayox ATTEST: li City Clerk First Consideration "a n, Vote for passage: "A Second.Consideration Vote for.passage: N ff Date of ,tt .publication I t )I�i.•, Passed and approvedthis day of 1977. I , d„ ... 1n�l '' , : �., Ja. wa,..- .✓. • ...a .. .r..{ irr t'n 1. rl3p eb. : ,. ,1 u..La ':L:, fla _. .Il' .. ..S..11.,i LL�..i/ Jai+ e June 3, 1977 L. Seydel Housing Coordinator TRADITIONAL PUBLIC HOUSING The Department of Housing and Urban Developnent has issued a Notification of Housing Assistance. Availability to Public Housing Agencies. This notice contains funding for a total of 110 units; 35 must be 3 or more bedroom for large;fanilies and 75 one to three bedrooms for other families. This''allocaticn'is for non metropolitan Pastern Iowa consisting of 39 counties. Applications must be received by 9:00 p.m. June 20, 1977. If the Iowa City Housing Authority is going to submit an application then the decision must be made now so that Cork can proceed. PROGP M A brief description of the program and time phasing follows. The U.S. Housing Act of 1937 asamended authorized the U.S. Department of HUD to provide financial and technical assistance to Public Housing Agencies for the Development and operation of low-income housing projects. The ' regulations under which such rental projects are developed are voluminous but,in essencestate that projects can be developed, constructed and operated through an Annual. Contributions Contract. This is a Contract for loans and annual contributions, execution of which creates legal obligations between HUD and the. PHA under which HUD finances the developrent and ,provides financial assistance for operation. The PHA; agrees to oily with HUD requirements for the development and operation. This initial application and related documents is'a request for reservation of funds and if required or desired an application for a Preliminary Loan. '1 The reservation of funds is issued u Po PP n a roval'of thea PP lication in the,form of a Program Reservation. This is written notification by HUD to the PHA expressing HUD's determination to enter into a Preliminary Loan Contract or ACC covering the stated number of housing,units.- It'is'subject to fullfilbnent' by 'the PHA of all legal and administrative requirements within a'statod-time. It is; not a obligation. Upon approval of the Preliminary Loan Contracts ,legal HUD loans funds to the PHA to pay the costs of preliminarysurveys, and planning (including the'oost of HUD approved appraisals)', necessary to prepare a Development Program. !The maximimn amount of the''Preliminary loanis $200.00 per unit. This could b! inereased;to'$500.00 per unit by the HUD field office if special circumstances warrant. The amount of the preliminary loan advanced " i by,HUD 'is included'im the development cost of a project and is covered under the AOC. In the event the project fails to reach'ACC the preliminary loans are repaid to`HUD by the PHA from any funds or assets available for this `•! purpolse. After the program reservation is issued the PHA will have the maximum of one year to submit an approvable Developmst Program. Prarptly.after ,issuance of ! a program reservation HUD and the PHA shall hold a Project' Planning Conference : at which they shall mutually agree', upon a time schedule of'all actions to be taken by HUD and the PHA. The Development Program is a statement of the basic elements of a, project which is prepared by the PHA.. It will include site approval, control b PHA),Preliminary Plans and ocimmntation field office y n�Y Specifications, estimate of Total Development Cost, demonstration of financi:nl feasibility, and Administration capability of PHA. June 3,,1977 • e L. Seydel Housing Coordinator Traditional Public Housing _Z_ Following approval of the Development Program an Annual Contributions Contract between HUD and PHA is consumated. Present implementing instructions indicate that the Traditional Public Housing Program will be utilized to provide new construction for those families whose: needs are not being met by other programs. Further the system of, production will be limited to the Turnkey method. Under Turnkey the PHA following issuance of a program reservation, advertises for developers to sub-nit proposals to provide a completed project, including site, as described in the'PHA's Invitation for proposals and the developers packet. The PHA selects with HUD approval a proposal and after HUD'approval, the working drawings and the specifications are agreed to by the developer, the PHA and HUD." The developer and the PHA enter ',into a preliminary Contract of:Sale. The developer is responsible for all developnent'and construction including financing. Upon axnpletion of the project and acceptance by the PHA-arca HUD the PHA purchases the project from the developer. These steps are all integral parts of the Development Program and successful accomplishment leads to an ACC. There can be no eonnitments by ' the PICA or the developer until the ACC has been consumated. To summarize the financing of a project., Where does the money care'fran? The Preliminary: loan is money advanced by HUD on a temporary note signed by - the Housing Authority. This amount is included in the final approved loan and the temporary note is paid off scot after',acceptance of the project. The only risk involved here is that in the event the project does not reach " ACC stage, the PHA must repay the preliminary loan from, its own sources. The permanent financing is provided as follows. Approximately, thirteen weeks,prior,to completion of construction the PHA submits a "Determination of Minim Development Costs". `Completion and approval_of this docw rnt m� by HUD'will'trigger the sale of Bonds by HUD in the next'' scheduled -bond sale. The Developer will be paid the amount previously, approved in the Contract of Sale; HUD will initiate payment of the Annual Contributions + Contract, and the property is transferred to the PHA. Administrative costs for continuationand operation of the project, exceeding rental<inoome, , is also covered by the ACC. What does it cost the PHA? In'actuality there are no direct costs to the PHA., Yes;; there is a great deal'of paper work and restrictive agreements to operate and manage the project.in accordance with HUD regulations. During the Development Phase and through construction there will be sane personnel time '''involvement °to include an architect. These costs are covered in the financing package. After completion and initial rent up present staff can handle the work load. The staff concurs with the recommendation of the Housing Commission. The Housing Authority should make this effort to provide this type housing alternative to low income families. , r. June 3,'' 1977 L. Seydel • Housing Coordinator • Traditional Public Housing -3- APPLICATION Prior to submission of the application for the Public Housing following actions are required: a. Paragraph Chapter 403A State Code of Iowa requires a Public Hearing. Recaimend the Public Hearing be set for June 14, 1977. b. A resolution authorizing the subnission of the application is necessary. 'Pecartmnd this be acted upon following the Public Hearing on June 14, 1977.'' c.` A Resolution of Cooperation is required. Recommend this be acted upon June',14,,1977. The application itself must contain the :folloaing ;items. Preparation of same; will proceed and be'ready 'for discussion, on June 14, ,1977. a. PHA organization transcript or. General Certificate. b. Tenant selection and: assignment plan. Will be similar to present policies. c. Transcript of proceedings on iters a, b, c above.', d. Location of proposed dwellings. Selection of'a site or sites is not required at this time. Information will be provided which will,indicate the units will be within the city limits and that selected sites will comply with:'standard published by HUD. i.,e. Proposed Housing type and production method. This will be New y Construction produced through the Turnkey method. -, f. Proposed type of project and dwelling unit characteristicsa The PHA will be certifying that the requested dwelling units are in accordance. with Housing Assistance' Plan goals. The form also', requires that the PHA propose "Building Type" (i.e. detached single family; semi detached; row; walkup) by number of`dwellirxj',units by'bedroan size. It is recamended that the PHA request: 4'- detached - single family four bedroom units for large families. (five or more persons) 8'- detached or semi-detached three', bedroom units for large families. V (five or more persons) j 10 - semi detached or row type - three bedroom units for families. ,(four to six persons), 18 -semi detached/rriu/walk up -two bedroom units for families. (tvn to four persons) A total of forty (40) units. g. Financial feasibili Ly. Conclusions and supporting', data must be submitted concerning operatim.I ex)xnces, range of renter low-income families in the community, distribution of these families by income intervals and estimated rental income from the Project.', This data will be taken from - census information and will be provided by, HUD. ,This will be available for f discussion on 'June 14, 1977. �t;:i i i �' _- ��._ _---- _.. e: ' COMPLAINTSRECEIVED BY POLICE j 1.': CRIMINAL HOMICIDE 0 0 0 0 0 TSiP RAPE 1 3 1 0' 2 3.. ROBBERY 1 0` 0 1 0 I I. i- 4.: ASSAULT 11 6 4 11 12 . 5. BURGLARY ti 21 38 37 28''38 e � 6 LARCENY 82 101 125' 189.182 � fix„ 7AUTO THEFT 21 7 17 24 39 8: OTHER ASSAULTS 0 0 0 0; 0 i 9 FORGERY AND' COUNTERFEITING 4 7 6 9 10 t a "r 10 `'" EMBEZZLEMENT AND FRAUD 32 25 9 17 16 I (' Irl it 'STOLEN PROPERTY 0 1 0 0 0 f 12 WEAPONS..i' 0 0 1 Y O 13 PROSTITUTION-,,ol 0 0 0 0 j .: ' 4i' 14 •:; SEX OFFENSES 5 9 12 6 l 2 I 15.,`OFFENSES AGAINST FAMILY AND.CHILDREN 39 31 45 38 I'47•, I I' I 16 '' NARCOTIC DRUG LAWS 3 11 3 7 7 i WLI Y 17 LIQUOR' LAWS 10 4 3 0 + j 18..' DRUNKENNESS 22 14 13 19 25 19 DISORDERLY: CONDUCT 45 51 •'37 j 54 48 ,• 20. VAGRANCY 0 0 0 0 0 21. GAMBLING 0 0 0 0 . 0 ; DRIVING WHILE UNDER THE INFLUENCE OF LIQUOR 24 33 38 22 51 23.,' VIOLATION OF ROAD AND'DRIVING-LAWS 14 16. 24 �46 147—,I-- 24, PARKING' VIQI•ATI0 S 292 253 209 264 181 „w . r; � r 52 35 33 23 35 ?J cr,i- VIOLATIOi1S OF TRAFFIC A'^,1 T10TOIt VTdIICLr LA?IS: 886' 831 958 119.11143 2G. OTICR 01T0SES: 19 29 '78 87 96 27 SLSPICIOU: 45 45 34 62 52 i 25. LOST _ 25'' 38 88 124 167 29. FOUND: 30 FATAL ?!OTOR VDIIICLI': TRAFFIC ACC.IDF.IITS : 1 0 0 I 0 0 �, 31 h tSO1:AL IliJUIIY:t•IOT(r, VfDIiCLE TIUSFIC ACCIMBUTS: 14 269 14 128 16 116 28 142 19 127 32 P. 0IVRTT Dn!'J.Or, 11(7fOR VE}!ICLl TIWFIC ACCIDDITS: 0 0 0 0 0 .I^33 ; , OT?'L'R .TRAI'FIC ACCiI'111TS : == Vu 1 k y III �` 0 0 0 1 l t 31a r11�LIc ncr,In' !!Ts: _ I ; I i 1 0 !o .0 11 35 Roix ncclrEt�rs: , , 710 o 0 0 0 C• ";'3G OC^I1PAT:OI.A?, ACCID,.:!TJ. 0' 0 37 lIMAT ncc��^,rS: 34' 58 77 I62 71 � ;gp r�an1AL 0 0 0 1 0 I a9•, SUIC�CS: � I ' �. D: JUI(.iDF.S nTT>;1�rD 3 2 0 0 p: itxi g'. 1 1 0 4 1,1 S` DDE11 DEAT!i A?!D DDDITS FOIDID' y 1' 13 6 5 3 1,2 CAR'. FOR: 1SICf. 3 2 7 12 6 Jai fNITAL 777777777 -71 1 3 2 2 0 DOME Tf I � 23� 32 62 7 6 78 h5. i' niv�uli-S: .i I lg ' 16 21 22 11 J h7 FIRES: 12 4 2 1 0 1 C PTC i^ • _ , •} TOTALS 028 1857 084 2578125211- ,RESTS MADE BY POLICE CRIMINAL HOMICIDE` 0 0 0' 0 0 " 1 1 0 0 0 ��E t'.,ROBBERY 1 0 p p O ASSAULT ' 2 8 '4 6 3 L i. BURGLARY l 0 2 0: 3 `1 LARCENY THEFT. 8 c 9 15 9 12 MOTOR VEHICLE THEFT 0 0 0 c' OTHER ASSAULTS 1 : 7 4 :ARSON I 0 0 0 0 0 FORGERY AND COUNTERFEITING 1 0 0` 1 2 n FRAUD 0 3 2 0 0 EMBEZZLEMENT 0--: 0 0 1 0 II STOLEN PROPERTY Buying, Receiving, Possessing 8 9 16 11 12 VANDALISM 0 3 3 2 b WEAPONS Carrying, Possessing etc 0 0 0 0 I �• I I PROSTITUTION AND�COMMERCIALIZED VICE 0>' 0 p' 0 p I %; SEX OFFENSES NARCOTIC DRUG LAWSI 1. 4 0 2 5 GAMBLING 0 0 0 p 0 '•OFFENSES AGAINST THE FAMILY AND CHILDREN 0 ' 0 0( 0 0 DRIVING UNDER THE INFLUENCE 15 17 15 16 28 L1QUOR LAWS 1 0' �I , . 1 , . DRUNKENNESS 10 9 9', 116 7 DISORDERLY CONDUCT ,- . 3 6 4- 5 I p I _+ 0 I RANCY 0 2 0 ALL" OTHER.OFFENSES (Dog calls, Criminal', Trespass, etc.) 34 47 167' 58 MEN 343 901 L I! 1' ` V i I I II i I i T I i 1' ` V i I I II i j s • AGENDA IOl9A CITY PARKS AND RECREATION COMMISSION RECREATION CENTER ROOM B JUNE 8,.1977 - 7:30 P.M. 7:30 - 7:35 p.m. --, Approval of the Minutes of the May 11, 1977, meeting. 7:35 - 7:45 p.m. -- Report on Neighborhood Parks Meetings.' 7:45 -•7:55 p.m. -- OtherCommittee Reports.' 7:55,-',8:00 p.m. -- New business. ., 8:00:1. 8:20 p:m. -- Comprehensive Pian - Keating., 8:20 - 8:40 p.m. -- Land acquisition - Sheets. r 8:40 - 9:00 p.m. -- Ty!n CaeiAddition - Dietz, Plastino. 9:10 p.m. -- Chairperson's Report. 9:10 - 9:20 p.m. -- Director's Report. 9:20 - 9:30 p.m. -- Other business. " 9:30 p.m. -- Adjournment. -. - I, i , it :r i , 1205 j r • LAW OFFICES OF JERRY L. LOVELACE TWENTY-TWO EAST COURT STREET IOWA CITY, IOWA 52240 JERRY L LOEACE TELEPHONE ROBERT M. Ono 354.1900 - AREA CODE 319 June 2, 1977 Hon., Mayor and Members of the City Council U JUN 31977 U of Iowa City, Iowa' p B B I E S T O L F U S Civic Center CITY CLERK Iowa City, Iowa 52240 Re: Proposed new Ordinance re operation of taxicabs I Dear Mayor and Members of the Council: Pursuant to our appearance, before your council on Tuesday, evening last, May 31; 1977, we„are writing this letter regarding our comments, sug estio- gns and objections to the proposed new Ordinance' regarding the A.operation of taxicabs in Iowa City, Iowa. N However, before addressing ourselves to the specific comments, suggestions `2 or`,objections to theproposed new Ordinance, we would appreciate being ad- vised or;.having someone advise us as to what complaints, if any, have been made by any of our customers or users regarding the taxicab service avail- s able to,them and we would appreciate knowing who the complaints were filed e t were t_ f th com l Tn s w by and when and the substance of the 'compla3n s. I p a filed with the Members of the City Council or the City, Manager or City Attorney,;or other, City officials we would appreciate knowing the sum and ' complaints have been filed,'rmeaning'those f e” If legitimate_com la n a substance.of same.' p complaints which'are true and provably true, we as a'private company will do our very best to correct the situations giving rise to those complaints. Ir If we have or we'are claimed to have'violated'the City; Ordinance or State Law we wish to and have aright we believe to be advised when'and by whom, how, etc. We basically would also appreciate knowing what exactly has prompted the City to propose the change in the City Ordinance regarding the operation of taxicabs as set forth:in the new proposed City Ordinance regarding, same. t, .. X1206 Ikon. Mayor & Mern of the City Council j 2 June 1977 Page Two • It is felt by us that there is some thought by some members of the Council that we,, the cab companies, have a monopoly in Iowa City, Iowa. This is not so. '', We are a private corporation, private company and other competition is not only probably needed but is certainly welcome by us. Iowa -Illinois Gas & Electric Company, Northwestern Bell Telephone Company and the City of Iowa City regarding the operation of water, sewage and buses, etc. have a true monopolyeither by ordinance, statute or franchise. Further- more, our biggest competitor is the City itself: in the ownership and use of its city buses and we are also in competition with other, government ser- vices operating in the City, and providing transportation from point-to-point which we believe to be and has been in violation of the present City Ordinance regarding the operation of taxicabs for some time, including S. E. A T. S. , etc. The, undersigned, attorney for the cab companies, met on one occasion with Assistant City Attorneys regarding the proposed new Ordinance. At said time, the undersigned and Ralph Oxford, for the cab companies, voiced our approval of some portions of the ordinance and our objections to others. Our, objections were from a legal, economic and practical point of view. Some of our objections were acknowledged by the City Attorneys as proper and others were not; This meeting was sometime, I believe,' in the latter part of 1976 and took place in the City Attorneys Offices at the Civic Center in Iowa City, Iowa. 'Later; Attorney Kushnir contacted Mr,','Ralph Oxford and advised him that the City Council was meeting' informally apparently, on that same day to take up the proposed Ordinance and that Mr.! Oxford was welcome to be present and to discuss same with the Council. Later,' I'am advised that day Mr. Oxford was advised this would not be on the agenda at the informal meeting but we now found out and we found out, at the Council ' Meeting: last Tuesday evening that the matter was in fact on the agenda' at said informal meeting. We have now received the proposed final Ordinance which differs in some respects from the draft of the proposed Ordinance dis- cussed at the above referred to meeting between undersigned and Assistant City Attorneys, Kushnir and Bowlin, ` sometime, in the latter part of 1976. c, We wish to make the following comments to the proposed final draft of the Ordinance which we' just recently received, to -wit: 5. 16. 1(d) --Definition of Manifest-- We would ask that the word "time" be `excluded from this definition as it is unnecessary, serves no useful purpose. In addition we now have 25, 000 manifest,, cards which we have, purchased heretofore without any provision for time therein and based upon our reliance of the present Ordinance in effect, i Hon, Mayor & Meml of the City Council • 2 June 1977 Page Three 5: 16. 1(h) --Definition of Taxicab"-- We object to the definition thereunder excluding vehicles owned or operated by a state or local government entities which provide transportation to the public inasmuch as they are in direct competition with, the cab companies. They serve the public as does our companies and should be regulated the same as our companies. We also believe that certain state or local government transportation systems pre- sently being operated under the present ordinance and that have been in operation for sometime have been operating illegally in violation of the present ordinance covering taxicabs. 5: 16. 3(g) --Application for Certificate -- Such further pertinent information as to the City Councilof Iowa' City, Iowa; may require. This is so broad, vague and ambigious, setting forth no standards that neither we or anyone else applying for a certificate knows' or can know what the City may or, may not want or if same. has any, relevance or materiality to the;. operation of a cab business in Iowa City, Iowa. We would ask that it be deleted. Ini the future if additional matters or information are needed in the application this could be done by: amendment or change. II ti 5. 16. 7 --Suspension or Revocation of, Certificate. -- Under this section of the i Ordinance as we read it the City. Manager is empowered by his action alone and with no judicial review available for all practical' purposes to take a cab off the street for a period of at least 67 days. Thus, the City Manager,' by said Ordinance. is exercising j violation and in a judicial function in vio of Iowa law violation of applicable duel process and equal protection standards of the Federal and State Constitutions and is given the power, without' conducting a hearing, allowing us to confront witnesses or evidence against us or, to pre- sent evidence ourselves to revoke or suspend any certificate issued. 'In substance, if in fact an adverse decision of the City Manager', and Council is reversed in Court, ItheCab' Company would have been out of business for pro- bably three to four montlis with the attendant' loss of income and unemployment of their drivers and employees. We propose that if the City or its officials' for any reason feel that the Cab Companies are operating illegally or in violation of the City Ordinance,' that it, the City, after serving written notice thereof on the Cab Companies setting forth the allegationsof violations that in the event they are controverted or denied by the Cab Company that the City set an immediate hearing for same and conduct a hearing and provide a method of appeal to the District Court of Iowa. Or, as with most of your, ordinances, Hon. Mayor and hie rs of the City Council 2 June 1977 Page Pour provide a procedure which is now probably covered by ordinance or state law allowing the City to go directly to Court for an injunction and other relief or orders after a hearing in Court. This to us not only seems to be fair and equitable but the legal way for this procedure. We also believe the procedure shouldapply to all other transportation companies or agencies being operated in the City either by complaint from the City itself or from a private citizen. Under the:wording of the proposed final draft of the new Ordinance, the', certificate is revoked or suspended upon receipt', of the written notice from the City Manager. I' 5. 16. 12 --Mechanical Inspection; Acceptable Standards of Fitness-- This section of the Ordinance is not only unfair, discriminatory,' arbitrary and confiscatory, but is not necessary. ;Under present Iowa law a police officer or,other Iowa law enforcement officer may filecharges or require an inspection for good cause or reasonable information on'grounds or reasonable information to believe is a violation thereof. The City, by permitting a police officer to order a taxicab to be inspected, if he has reasonable doubt of its fitness, is allowing the City or. a police officer to take it upon himself to take a cab off the Streets for maybe as long as a half day, one day or two days or perhaps longeri based on his suspicion without setting forth any standards other than reasonable doubt. This is also allowing the officer by an attempted delegation 'to exercise judicial:or quasi-judicial functions to the detriment of ,t cab driver and owner. 'The results of the practical matter involved and further protection1or the City in that the Cab Company because of the tremendous cost of insurance which is accelerated by each accident, etc. !constantly inspects, looks at and takes necessary precautions to see that its cars and vehicles are in good, safe running condition for the protection oflthe public, jl its drivers and its insurance record.' In the ''event that the Ordinance would go into effect, 'we would ask,, assuming the above legal arguments and principles could be overcome, 'that this portion of. the Ordinance apply equally to all vehicles for public' transportation in the City, not just our privately owned companies. We would further suggest that it be only fair and reasonable to require the City to pay, in the event that an inspection of the vehicle show s" that it passes or meets the inspection requirements all costs, including the down time of the cab while off the street and not being operated as such and the consequent loss of income therefrom. 5.16. 14 --To Wear Cap of Distinctive Color, which shall designate employer: -- This portion of the Ordinance appears to have been taken from an Ordinance in New, York City,` Chicago or other larger City where there are many cab I-Ion.Mayor & MembOf Lhe City Council 2 June 1977 Page Five companies operating, wl-dch is not the case in Iowa City. We do not believe this is a requirement of the other transportation systems operating in the City. The drivers of our Companies have further expressed their disapproval of this requirementand we frankly do not see how or why the wearing of caps by the drivers provides for the health, safety and general welfare of the residents of Iowa City; Iowa. o. 16. 16 --Taximeters: Required Standards; Charges to be based upon Taxi- meter Readings - At the present time and under the present Ordinance fares are based on mileage. Perhaps in some few and minor cases this is seemed unfair for persons going to and from'a given point,either due to the driver's error in computing same, one way,. streets' necessitating a longer p point, etc. To require meters would not route back from a point than om only require an additional expense of $7, 200. 00 plus installation, plus' the maintenance and repair thereof, but these, are not error free. Also, at least based on our present knowledge of same and ,the mechanics thereof if we pick up a customer at point A and go to point B and then to point C, etc. for other customers how, do we adjust the meter for A, B, C, etc. In a larger city'or town where several companies are in business and where once a customer is picked up there is a direct delivery with no stops for other customers,' etc., the meters work. The only fair and accurate way to work meters in'Iowa ,City, Iowa, 'would be to require twice as many, vehicles, to use twice as much fuel to carry the same number of passengers. This,re- sults in not, only a waste of fuel and time, butas with all investments, ! the costs of the meters; repair and maintenance thereof,' etc. will have to be born by the':public,'the users, who are residents and citizens mostly of Iowa City,, Iowa. Again, if there have been complaints regarding the fares charged on mileage, we would appreciate knowing of same, by,whom, the names of our drivers involved, etc. so that we can investigate' same and if true, take appropriate action to alleviate the probles and future problems on this. It seems to us that.when a proposed Ordinance for all practical purposes is aimed at regulating one particular business, that before consideration or passage thereof, f that that business should at least have the opportunity to meet and give their comments, views, and suggestions to the City Council. This has been done.often'in the past and we see no reason why it should not, has not been done or cannot be done in tlus instance. i i' t, I -Ion. Mayor and Mers of the City Council 2 June 1977 Page Six • We have tried to and will keep on attempting to work with the. Council, the City Manager and City Attorney to work out the above noted objections to i the Ordinance. The point has been raised by one or more members of the Council that the dispute over the proposed new Ordinance and our Companies is a philosophical dispute or difference. Philosophy as defined by Webster's Dictionary literally means the love of wisdom. In actual usage it is the science which investigates the facts and principals of reality and of human nature and conduct. We, therefore, submit the following: Reality -, We have been losing money with the Companies but each year we are losing less and probably would be in the black next year but for this Ordinance and our increased costs, etc. Reality - Rates or fares will go up substantially under the new Ordinance because of its requirements - people. People who it would severely effect are the elderly, the low income and, the 'disabled. ' Reality - The Ordinance is aimed at one Company-: - ours. i Reality - We are not a monopoly and our biggest c P Y ggompetitor - with tax supported dollars is the City, and County with their bus', system, S. D. A. T. S. system, etc. which we; along with other taxpayers are paying and supporting. The City, the telephone Companyand Utility Company have monopolies in Iowa City. -Reality - The new Ordinance discourages, not encourages, competition r from a new or other differently owned Taxicab Company or business. Reality Our biggest competitor, at public and tax supported expense, is in the position of and is regulating our business -a privately owned business, and is attempting to delegate, to employees of the City judicial functions to in'effect,without a trial or jury, put us out of business or severely' curtail' our business. This, without' benefit of or a finding by a judge or jury of our guilt, etc. as to any provisions of the Ordinance'. 'I I Hon. Mayor and McSers of the City Council • 2 June 1977 Page Seven Reality Tne Constitution of the United States of America and State of Iowa and the Laws thereof are for the benefit and protection of all citizens, even Taxi-Cab Companies and its owners and employees. Article I, Bill of Rights, Iowa Constitution provides; All men, (and women) are by nature free and equal, and have certain inalienable rights among which are those of enjoying and defending life and liberty acquiring, possessing and protecting property and pursuing and obtaining safety and happiness. Reality - Section 9. 10, 18 and 21 of the Iowa Constitution and similar portions of the UCS., Constitution provide for trial by; jury, rights of persons accused, taking of private property without making just, compensation, Bills of Attainder, ex post facto laws impairing the obligations of contracts. Reality`- Article III of the Iowa Constitution vests all legislative authority, with the Iowa General Assembly. Reality - Municipal Home Rule, Amendment —1968 -'to Iowa Constitution grants' MunicipalCorporation Home Rule power and authority, not inconsistent' with the laws of the General Assembly, etc. Reality - The City,, Council represents; all of citizens or it represents >none. i Reality - Previous Councils, City Managers, Urban Planners refused to or did' not listen to objections,' comments or suggestions of.its citizens or those citizens being directly affected by Urban Renewal, etc. and we now have the results of'same to live with as is commonly known. Human Nature and Conduct -- Based on past experience and history in the U. S; or, elsewhere, ;where a citizen believes his rights have been infringed upon by, government, lie or she either do nothing,do something, go to Court for redress or go out of business. We intend to, ;have in the past, are doing now, and will do so in the future, to stand up, speak for our right to possess and protect our property and to pursue and obtain safety and happiness and to protect and defend our Constitutional and legal rights. i I ,. ,i { / i 1[ -- _ - Y i �,.,, r-, i �. �,', ;i _ _� - r' Avenue Bridge on the sidewalks. in view of the fact that the reconstruction .work to be accomplished on this bridge during the course of the summer to include reconstruction of the sidewalks, a request was made that the City consider including splash 'guards in the project. Plastino indicated he would request the engineers to include this feature in the scope, of the work. 5/15/77 L, ri w 2 I I i OA PFHAP 0 71 ' 4177 : . '- ., ` REHABILITATION FINANCING HANDBOOK ` ' DEPARDIENI OF CO(kMNITY DEVELOFMENI CITY OP I01VA CITY, IOWA A o 1 1 . r U, q E M j yt I t W. J . 11l ' Rehabilitation Financing Handbook 4177 TABLE OF CONITNI:S LTIAIYI'IJZ 1. GENERAL CHAP`1TR 2. PROJECI' FINANCING AND ELIGIBLE PROJECT COSTS C1 M1.11 3. ELIGIBILITY REQUIRIT1ENTS CHAPTER 4. ASSURANCE THAT ROiABILITATION WILL BE COMPLETED ' CIIAIn'ER Sl COSTS INCLUDABLE IN REHABILITATION GRANT AND IRAN Section 1. Costs' Includable in a Rehabilitation Grant Section 2. Costs Includable in a Rehabilitation Loan tCIIAPTER 6. LIMITATION ON Ah10UNT OF GRANT CHAPTER 7. LIMITATIONS ON A )UN'T OF LOAN Section 1. Forgivable Loan ' Section 2. No Interest Loan ' Section 3.< Reserved. Appendix 1. Promissory Note — Forgivable Loan CHAPTER 8. RESERVED. i CHAPTER 9. PROCESSING AND SUBMISSIONS FOR REHABILITATION GRANT Appendix 2. Guide Form of Letter to Applicant Canceling Rehabilitation Grant CHAPTER 10. PROCESSING AND SUBMISSIONSIFOR A REHABILITATION LOAN C1 VdyrER 11. LOAN SETTL.EMIMP CHAPTER 12. LOAN CLOSEOUT , I, CHAPTER 13. TERMS AND CONDITIONS UNDER WHICH REHABILITATION GRANTS AND LOANS ARE MADE' + CHAPTER 14. FUNDING OF INDIVIDUAL REHABILITATION GRANTS AND LOANS AND MANAGEMENT OF REHABILITATION ESCROW ACCOUNT,', ' CHAPTER IS. PROPERTY APPRAISAL ' ' CHAPTER 16. NUMBERING GRANT AND LOAN APPLICATIONS CHAPTER 17. APPLICATION FEES CHAPTER 18. DETERMINING WORK TO BE DONE WITH REHABILITATION GRANT AND LOAN 5 , CHA1'T1R 19. CTING FOR REHABILITATION WORK CONTRACTING V CHAPTER 20 INSPECTION OF REHABILITATION WORK 'CHAPTER 21. RESERVED' L14kPTER 22. APPLICANT'S INCOME CHAPTER 23. TRUTH IN LENDING RECEIVID APPROVED BY T LEGAL DEPARTMENT. ,L Revised: RECEIVED APPROVED E$` D u " � DEPA$Td1 Rehabilitation Financing Handbook 5/77 CIIAI'1T1Z I. GHN11:1ZAL 1 1. LEGAL AUTHORITY FOR RRHA111hJPA7'10N CIMAT:; ANU LOANS. Rehabilitation grants and loans to rehabilitation residential structures located in certain .oncentrated rehabilitation areas are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. ' 2. DEFINITIONS. Following are definitions of various terms as used with respect to rehabilitation grants and rehabilitation loans: ' a. 'Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who is sixty (60) years of age or older. ' b. 'Family. The applicants family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the 'unit. same dwelling ' c. Handicapped. For the purposes of this program a person shall be considered handicapped when that person receives social security disability compensation ' or disability compensation from other public assistance organizations. d. Incipient Violation. An element of the structure required or contained in tFe pJinimum Housing Standards, that at the time of inspection is found to ' Y bein,such a state of deterioration that if left uncorrected, will further deteriorate into an actual violation in the near future. ' c. ;'Investor -Owner F o ert . 'A property used entirely for residential purposes that is eit er: (1 not occupied by the owner, or (2) contains three or more dwelling units whether or not occupied by the owner. ' ' f. Liquid Aid Assets. Property that can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and o i the dwelling to b rehabilitated or a'motor vehicle when b nds. Equity n g e e ' used for transportation to and from employment or school is not considered when computing liquid assets. ' Ji g. Avner. Means one or more natural' persons who hold legal title to a property', to be rehabilitated. h. Amer -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that contains one or two dwelling units. ' i. Rehabilitation Construction S ecialist. An employee of the City's Department' o Housing,and nspection ervices charged'with the duties, of administering the', physical aspects of rehabilitation, including surveying, cost estimating, ; specification writing, owner.and contractor guidance, public' information and construction compliance review. ' 1-1 ' Rehabilitation Financing Handbook 9/77 j. Rehabilitation Cont. The total costof rolmirs and improvements and other costs for tela ilrtation to be incurred by the applicant that are inclu dahle in a rehabilitation grant and/or loan, whether or not financed in part with ' funds from other sources (see Chapter 5). k. Rehabilitation Financial S evialiat. An employee of the City's Department 'I o Housing anInspections .ervlces charged with the duties of administrating the financial aspects of rehabilitation, including interviewing, eligibility determination testing, verification, loan or grant application processing, 'I loan closing, escrow management, and final disposition accounting.. 1. Rehabilitation Review Board. An administrative board comprised of the Director of the Department of Housing and Inspection Services, the Rehabili- ' tation Finance `Specialist,,'the Rehabilitation Supervisor,' and a member of the City's legal staff all of whose 'function shall be to review and approve or disapprove applications for City loans according to the procedures as ` set forth herein. Other board members will be allowed as appropriate. I '- m. Rehabilitation Standards. Housing -� In Concentrated Rehabilitation Area. Requirements of the Minimum Standards Ater 9.30 o -t e Municipal Code and any property rehabilitation requirements, established in an Urban RenewaliTan adopted by the City of ' Iowa City which'is applicable to the properties to remain in the project area. r` 1 i s1 iI I N1 I. !r X11 '\ I 1 1 t 'S11 1-2 � I i i Rehabilitation Financing Ra>ulbook 5177 CHAPTER 2. PRWE''CI' FIXMC1NG AND P.LIGIBLI: PRWEC`J' COSTS ' 1. GENERAL. This chapter covers City Council provisions required for the making of re Ea ilitation grants and loans, sources of funds to be used for making rehabili- tation grants and loans, program reimbursement for advanced rehabilitation fees, and the costs in connection with rehabilitation grants and loans that are eligible project costs. " 2. PROJECT FINANCING. Rehabilitation grants and loans may, be made only if there t exists a City. Council resolution approving the area for, rehabilitation grants and loans, and sufficient appropriation of funds to finance said grants or rehabilitation loans. , a. Inclusion of Grant and Loan Amounts inPro'clt Budgets. The amounts for rehabilitation grants and loans s 11 be inu Z in the Community ' Development Block Grant budget as approved by the City Council. b. .Source o}' Funds for Relu:bilitation Grants and Lona. (1) Rehabilitation Grants. Funds' -to cover an approved rehabilitation grant shall a provided by the City from project funds in accordance with Chapter 14. ' (2) Rehabilitation Loans.: Funds to cover an approved rehabilitation loan s ll e provided-Ey' the City. Management of the escrowand debt collection proceduresyfor approved rehabilitation loans are contained in Chapter 14. 3. ELIGIBLE PROJECT COSTS. The costs described below, related to the processing ' of reFiabilitation grants and loans are eligible project costs in a concentrated rehabilitation project as approved by the City Council.Provision shall:; be made for these eligible project costs in the budget which is appropriate'for the project or program involved. a. Ci-ty Overhead and Tliird-Party Contracts. In connection with concentrated ' rehabilitation projectias approved by the City Council�in which the making of rehabilitation loans and grants are eligible' activities; the following costs incurred in the processing, and administering of rehabilitation loans and grants are eligible project costs, to the same extent as costs incurred , for other eligible project activities. (1) City cost for staff salaries, wages, and general overhead. (2) Costs incurred under contracts or agreement with organizations, firms, and individuals for technical, professional, and legal services (in ' lieu of, providing such services by the use of regular City staff). Contracts and agreements for the provision of technical, professional or 'legal services must meet the City requirements for the third -party ' contracts as to foam and methods of solicitation and execution, and • shall be concurred in by the City Attorney's office and the City Council.' 1 • 2-1 ' Rehabilitation Financing Handbook 4/77 OiAh'ITIZ 3. IiLIGIDILI71' RfiQunuml..NIS ' 1. GENERAL. This chapter sets forth eligibility requirements as to the property, and the applicant for a rehabilitation grant and/or loan. A rehabilitation grant and/or,'loan may be made only with respect to a property located within: ' the concentrated rehabilitation area(s) as approved by the City Council. The propertymust need rehabilitation to meet the Rehabilitation Standards. Neither an individual family ,nor a structure may participate more than once. 2. REQUIREMENTS APPLICABLE TO APPLICANT FOR A GRANT. To be eligible for a rehabili- tation grant, the applicant must be an individual or family who owns and occupies a one- or two dwelling unit residential property, or is a purchaser -occupant of such a property under a land sales contract. ' 3. REQUIREMENTS APPLICABLE TO EVERY LOAN. In order to be eligible for a rehabilita- tion loan, t eapplicant must evi ence adequate ,capacity to repay the loan. A rehabilitation loan cannot be approved if the applicant's record shows a disre- gard for former obligations, or if there is a clear inability to make the payment that will be required. In addition,',depending u on the type of applicant and P YP, _ , ,. property involved, the requirements as described below also, apply. ` 4. REQUIREMENTS APPLICABLE TO LOAN FOR RESIDENTIAL^.PROPERTY. An applicant for a ' rehabilitation loan on residential property must be the owner of the property. ' An applicant for a rehabilitation loan who may be eligible for arehabilitation grant shall be advised and assisted in'applying ,for a rehabilitation grant, as well as fora rehabilitation loan, if needed to supplement the grant funds. 'J 5. LAND SALES CONTRACT. The term ."land sales contract" refers to any transaction, ,i regardless of the nomenclaturefby which it is known, in which the purchaser - occupant obtains fee title only if he'completes,'a series of installment payments over a terra of years. ,The form of a',land sales contract may vary according to the circumstances of each sale: ' a. Eli ibilit Re uipements. In order for a purchaser under a land sales contract to a eligible for a rehabilitation grant to cover rehabilitation costs, all of the following minimum requirements must be met. ' (1) The contract shall be a written, legally binding, instrument involving property that after rehabilitation will be all residential in ' 2 character. (2) The seller of the property must hold fee title to the property and while the contract is in good standing, must be unable to use the property for collateral or to convey the property to, any other party +, d I. unless such use for collateral or conveyance of fee is subject to the land sales contract. ' it The foregoing 'provisions, however, shall not affect the right of seller to mortgage the property as long as the amount of such mortgage does not ' exceed the amount of the seller's equity in said property and as long as:'the monthly mortgage payments and interest rate are no greater in ' amount than the contract payments. 31 �' �, r: --_ - �.�' Rehabilitation Financing Handbook 4177 CHAh1'M 4. ASSHRANCF THAT RlBAB11.ITNI'ION WILL lili C(IMET13) ' ' 1. GENERAL. In some instances the rehabilitation cost may exceed the amount of re ie ilitation grant and/or rehabilitation loan. In such cases, rehabilitation grant/or rehabilitation loan will not be made unless the applicant can provide ' whateveradditional amount is needed to assure completion of the work so that the property will meet at least Rehabilitation Standards. If: the rehabilitation grant and/or rehabilitation loan will not be sufficient to pay for the rehabili- ' tation cost to meet at least the Code, the Rehabilitation Finance Specialist l shall not -approve the rehabilitation grant and/or rehabilitation loan unless the applicant can furnish supplementary funds sufficient to complete the work. ' j 2. GRANTS AND LOANS ON RESIDENTIAL PROPERTY. If the applicant for rehabilitation grant and/or rehabilitation loan on,residential property is obtaining a supple- mental loan, neither'.the rehabilitation grant application nor the City rehabilita tion loan application shall be approved until the Rehabilitation Finance Specialist has secured evidence that the applicant has obtained an adequate and satisfactory supplemental loan commitment. h'hen the loan will be obtained from ' a recognized lending:institution'evidence furnished, by,the'Rehabilitation Finance Specialist shall consist of a signed, bona fide written cor.mitment to make the loan for the purpose of the rehabilitation work. The loan shall be ' in an amount which, when added to the rehabilitation grant and/or rehabilitation ]oan'and any other funds the applicant will furnish, will be sufficient for completing the required rehabilitation work. When the applicant is furnishing supplementary funds from sources other than a recognized lending institution, ' evidence that actual funds are available shall consist of verification and documentation by the Rehabilitation Finance Specialist that the applicant can deposit the required amount in the rehabilitation escrow account '(see Chapter 14)., ' 3. LOAN' CANCELLATION. Should a loan be canceled after work has begun due to some unforeseen occurrence, the City reserves the right to withdraw their loan unless , the,,property ert 'can be brought u to meet the Rehabilitation Standards. � P P Y:. g P , if the homeowner changes his mind and decides not to do incipient'or general repairs, the rehabilitation loan will be reduced to the actual amount of money used rather than the full amount. e. e 4 i ' Rehabilitation Financing Handbook 5/77 CHAPTER S. COST INCLUDABLE 1N IMIAB[LITA'I'ION GRAhq'S AND LOANS ' SECTION 1. COSTS INCLUDABLII IN RIJIMILYrA'TION GRANT ' 1. GENERAL. A rehabilitation grant may be made only to cover the cost of rehabili- tation necessary to make an owner-occupied, or land contractpurchaser occupied one or two dwelling unitresidential property conform to standards for safe, decent, and sanitary housing, as specifically required by the '.Rehabilitation ' Standards, and other costs as provided in this section. As a result of the rehabilitation work financed, in whole or in part by a rehabilitation grant, the property must, at A minimum, conform to the Rehabilitation Standards. Rehabili- ' tation grant funds shall be used to achieve economical and practical compliance with the Rehabilitation Standards. ' 2. INCLUDABLE COSTS. Costs includable in a rehabilitation grant are the costs of: meeting a-requirements of the Rehabilitation Standards; correcting incipient violationsl(if permitted, see Chapter 6); and building permits' and related fees as described' below:" a. Re uirement o Code. When necessary to meet a specific requirement of the Re a ihtation Standards, a rehabilitation grant may be,used, to the extent necessary for: (1) The rehabilitation or removal of elements of the dwelling structure, including basic equipment,;and of other improvements to, the property such as garages, fences, steps, walkways, and driveways: The term "basic equipment" includes such items'as heating furnace, water heater„ and electrical and 'sanitary fixtures.) t(2) The 'provision of sanitary or other facilities, including the provision, r'. expansion and finishing of,space necessary to accommodate those ' facilities. (3) The provision of additional or enlarged bedrooms, if required by the ' Rehabilitation Standards. (4) Grading, filling, or landscaping of the grounds, if required by the Rehabilitation Standards. b: Energy Conservation Measures. A rehabilitation grant may provide for specific energy conservation measures such as storm windows, caulking and%weather - I , stripping, and attic and wall insulation. c. 'Fire Protection Devices. A rehabilitation grant may be used for the installs tion of early warning Tire alarm devices such as smoke detectors. ji ii d. Inc_ ien£ Violation. In order that a,property may be brought up to and maintain at �e Re bilitation Standards level, a rehabilitation grant may ' be used for rehabilitation work necessary to correct incipient as well as actual violations of the 1, Rehabilitation Standards. An incipient-violation r: i ,f ' Rehabilitation Financing Handbook 5/77 exists, if, at the time of inspection, it is thought that the physical condition of an element in the structure will deteriorate into an actual violation in the near future (such as within a year or two). ' (1) Examples of Different Types of Incipient Violations. '(a) ' (A furnace may be expected soon to become inoperative or hazardous because of its, age, condition or use. A rehabilitation grant may provide for the replacement of the entire furnace. ' (b) A roof has one or more small leaks that can be patched at low cost, but the roof probably will continue to develop leaks. A rehabilitation grant could provide for replacing the entire roof. ' (2) Reporting Requirements. The property inspection report, should identify the incipient -violations to, establish the basis for providing for ' corrective work in the grant. For enforcement purposes; it is necessary for actual -violations to be identified and listed separately from incipient -violations. However, the amount of rehabilitation grant to be made may cover 'both actual and incipient violations. ' (3) Limits on Inci lent Violation Correction. Property owners eligible for t e rela ilitat1on grant may receive a itional monies for incipient violation correction not in excess of 25% of the estimated(and verified) cost of correcting active Rehabilitation Standards, energy conservation measures, and fire protection devices (i.e., if: a structure required 'I $4,000 to correct active, Rehabilitation Standards violations,,energy conservation' measures and fire protection devices and if the owner, qualified for the grant, not more than 25% or '$1,000 could be granted for incipient correction). 'I e. Removal of Architectural Barriers. A rehabilitation grant may be utilized to modi y, alter or replace components of,a'structure that in their present ' state or by their, absence, impede physically limited occupants from enjoying the full benefits of comfort and livability normally experienced by non - 'handicapped dwellers. The construction contract shall specify as applicable, ramps, wider doonaays, lower plumbing fixtures or light controlling switches,' installation'of secondary toilet 'rooms and/or laundry facilities and other items, specific to'a given structure and, its occupancy. The Rehabilitation t staff shouldlexercise prudent judgementiin selecting construction' options to provide ready access at moderate cost. . f. Buildi Permits and Related Fees. A rehabilitation grant may provide funds ' >, to cover t e costo building permits and related fees that,are required to carryout the, proposed rehabilitation work. However, since the construction contract documents will require the contractor to pay for them, this cost ' ordinarily would be included in the contract amount (see Chapter 19). g. Sales Tax. Since the construction contract is a private contract between 1 a property owner and a private contractor, the grant proceeds may be utilized) to pay for required sales taxes. The contractor shall, be required to include' sales tax in the bid price. 5-2 t I t Rehabilitation Financing Handbook 5/77 CIW'TER S. COSTS INCLUDABLE IN ROMILITATION GRAMS Mill LOANS SECTION 2. COSTS INCLUDABLE IN RERABILITATION LOM' ' 1. GENERAL. A rehabilitation loan may be made only with respect to a property which needs to be brought, up to Rehabilitation Standards, and, after rehabilitation, the property must, at a minimum,conform to the Rehabilitation Standards." Within ' the limitations on amount of loan as set forth in Chapter 7, a rehabilitation loan may also include amounts for purposes other than meeting the Rehabilitation Standards, as set forth in this section. ' a. Consideration of Future Resits for Work Exceedin q'Rehabilitation Standards. Wit respect to a propertycontainingrental dwelling units, a re a ilitation 'generally loan should include funds for work that goes beyond the Rehabilita- ' tion Standards requirements only to the extent that this will not cause the rents to exceed the means of typical families living in the project area. b. , Conversions. In general, conversion of a property so as to change either its use or.t a number_oC units may be provided for in a rehabilitation loan only if conversion is necessary:to meet Rehabilitation Standards or to eliminate a nonconforming use. However, a rehabilitation loan may provide for 'conver- sion if therelis an insufficient market for the property in its. Present form, and conversion will make rehabilitation and maintenance economically feasible. However, conversion costs not required by the Rehabilitation Standards or Zoning Ordinance shall be regulated according to the formula set forth below under General Improvements (If). , s, c. BuiZding'Permita and Related Fees. A rehabilitation loan may provide funds to cover the cost of building permits and related fees that are required to carryouttthe proposed rehabilitation work. However,', since the construction ' contract documents will require the contractor to pay for them, this cost ordinarily would be included in the contract' amount (see Chapter 19). ' d. Architectural Services. In some unusual cases, an applicant may employ a private architect to prepare plans and drawings for the rehabilitation of his property. In these, cases, the City rehabilitation loan may include an ` ' amount,to'cover the cost of the architectural services for -the foregoing rehabilitation work to be financed by the City rehabilitation loan. e. Certain Related Costs. A City rehabilitation loan may include funds to cover 1 certain, costs and c arges related to processing the loan application and to obtaining security for the loan. 1 4P P (1)T e o RelateCosta. A City rehabilitation loan may provide for the dIlowingi cost o .then Appraisal fee. (a) (b) Title reports. , 5-4 'I' i. i 'r:'. ' Rehabilitation Financing Handbook 5/77 CHAPTER 6. RDiABILrrATION GRM'7' t 1. GENERAL. This document sets forth the eligibility requirements in regards to the ' property and the applicant for a housing rehabilitation grant. Rehabilitation grants are available only in the rehabilitation areas designated ' by the City Council. The property must be in need of repairs which are necessary to'meet:the Minimum Housing Standards requirements. 2. APPLICANT ELIGIBILITY. To be considered for a rehabilitation grant, the applicant , must be in compliance_ with the following criteria: a. %The applicant must be the owner -occupant of'a 1 or 2 dwelling unit structure ' ' that is all residential in character and is within the City Council designated - rehabilitation area, or ' b. The applicant must be a purchaser -occupant of a 1-2 family all residential dwelling'', under a'land sales contract in effect for at least twelvemonths, and is within the City Council designated rehabilitation area. , c.t The applicant mustbe 60 years of age or older, or handicapped. d. `fhe applicant must meet the following financial qualifications: , (1) 'Have Liquid Assets not in excess ol. $20,000for a 1 person household $25 000''for a 2 or morePerson household (2) Monthly Income Considerationa (a) We would collect and report the following 'rg oss monthly income ' r data: 1 Base a for Ilead of Household sou O pay spouse, other family.members. • (2) Any other earnings-(other,;jobs, ,etc.) ' (3) . Net income from property being rehabilitated (gross income minus operating expenses) (4) Any other income source (interest, etc.) , (5) Income from; social security, pension, annuities, general it relief, ADC'. (b) We would then adjust downward the income of the household by 7educting: (1) 10% of 2a-1 through 4 above for Federal, State and local taxes :. and (2) 25% of 2a-5 above for fixed income consideration. (3): $25 for each child under 18 years of age or a'full time student dependent residing in the home to be rehabilitated. r 6-1 I l'tit ri" (:;� a ' Hchabilitation Financing Handbook ,177 CIW'1'l:B 7. LIMI'I'A'I'lONS ON MIUIM' Of '111L' ' LOAN SECTION 1. FORGIVABLE LOAN ' 1. GENERAL. This section sets forth the eligibility in regards to the property and ' the applicant for a housing rehabilitation forgivable loan. Forgivable, loans are available to all eligible owner -occupants of one or two family residential properties which are located in the rehabilitation areas 'desig- nated ,by,the City Council., 2. APPLICANT ELIGIBILITY. To be considered for a rehabilitation forgivable loan, the applicant must be in compliance with the following criteria: a. Be the owner -occupant of a one or two family dwelling which is located in ' the designated area within, the City. b. Be eligible for the rehabilitation forgivable loan determined on the basis of the following income and, asset limitations: ' (1) Maximum Income'. Have an adjusted annualincome for the household (See Chapter 22) which does not exceed: $5,000 for a l person household 5,700 for a 2 person household t 6,400 fora 3 person household 7,100 fora 4'person household'. ' 7,700 for a 5'person household 8,200 fora 6'person household ; •; 8,800 for a 7 person household' 9,400 for an 8+ person household 2 au f s Have Li id Assets not in exces ( ) s o ' (a) Applicant under 60 years of age or who is not disabled: 1 ,$10,000 for a 1 person household_: , $15,000 for a 2lperson household $20,000 for a 3 or more person household 1 (b) Applicant,.over 60 years of, age or who is disabled: ' " $20,000 for a 1 person household for a 2 or more person household , (3) Monthly Income Considerations 'We ' (a) would collect and report the following gross monthly income data: Base for Head Household, (1) pay of spouse, other family members. ' (2) Any other earnings (other jobs, etc.) (3) Net income from property being rehabilitated (gross income minus operating expenses) ' 7-1 i i f, - i i Rehabilitation Financing Handbook 5177 (4) Any other income source (interest, etc.) (5) Income from social security, pension, annuities, general relief, AOC. ' (b) We wou%d hen adjust downward the income of the household by ae�ing: ' (1) 10% of 2a-1 through 4 above for Federal, State and local taxes and (2) 25% of 2a-5 above for fixed income consideration." ' (3) $25 for each child under 18 years of age or a full time student dependent residing in the home to be rehabilitated. ' 3. SPECIAL PROVISION FOR ELDERLY AND/OR HANDICAPPED. Elderly or handicapped applicants who are eligible for the grant and whose dwellings require repairs which will exceed the maximum amount of the grant, may use a forgivableloan in conjunction with the grant. a. Eligibility To be considered for a rehabilitation forgivable loan to supplement a $5,000 grant, the applicant must be in compliance with the following criteria: it (1) Be the owner -occupant of a one ;or two family dwelling which is in'the rehabilitation area designated by the City Council who is either 60 years of age or older or handicapped.i (2) Be eligible for the rehabilitation grant determined on the basis of ' income and asset limitations. (3) The homestead 'must require more lthan the $5,000 grant ceiling to meet minimum rehabilitation standards. b. Limitation on Amount of Forgivable Loan.! The amount of a forgivable loan that aW applicant may receive shall be limited by the following: t (1') The difference betaeen the actual (and approved) construction costs minus,the $51000 rehabilitation grant. (2) $5,000. C ASSURANCE THAT REHABILITATION WILL BE COMPLETED. a. In some instances the rehabilitation cost may exceed the amount of a forgivable loan and grant., In such cases a rehabilitation grant and forgivable loan ' will not.be made unless the,, applicant can provide whatever additional amount is; needed to assure completion of ''the work so that the property ,will meet at least the Rehabilitation Standards. b. If the applicant for a forgivable loan on residential property is obtaining a supplemental loan, the rehabilitation grant and loan application shall not be ' approved until the staff has secured evidence that the applicant has obtained an adequate and satisfactory supplemental loan commitment. `' 7-2 ' Rehabilitation Financing Handbook 5177 ' 5. TERMS AND CONDITIONS. a. Forgivable loans shall be secured by a lien against the property. ' b. Amortization. (1) If the rehabilitated property is sold or transfers ownership prior to ' the first year anniversary of the loan, 100% of the loan principal shall be called due. ' (2) If the rehabilitated property is sold or transfers ownership prior to the second year anniversary, of the loan, 50% of the loanrinci al P P amount shall be called due. The remaining 50% is 'for iven. g (3) If the rehabilitated property; is sold or transfers ownership prior to the third year; anniversary,l25% of the loan principal amount shall be called due. The remaining 75; is forgiven. ' (4) Any sale or transfer after the third year anniversary would mean that 100% of the loan principal amount would be forgiven. ' C. Penalties.1n theevent the forgivable loan recipients) fail to pay,lthe principal, or a portion thereof, when due, the whole principal, amount of the Tien shall become due and payable 'at the option of the lien holder, without ' notice. The forgivable loan recipient(s) in case of suit thereon, agrees to pay attorney's fees. 1 . 1 r 4 ' r il I I .I YI' III h' 1 I J� 1 I, I. I 1 t 1 ..1 1 7-3 4 L. 7i I ' CDR 7661A _ PROMISSORY NOTE REHABILITATION FORGIVABLE LOAN ' DATE: PLACE: CASE NUMBER: 1 For value received, the undersigned jointly and severally promise(s),to pay to she ' -order of the City of. Iowa City acting by and through the Director, Department of Housing and Inspection Services the sum of The full Principal on this Note is payable on the transfer of the property prior ' to the first year anniversary of, this Note. Transfer of the property prior to the second year anniversary of this Note would require 50% of the Principal to be called due. The remaining 50%,would be forgiven. ;Transfer of the property prior to the third year anniversary of this Note would require 25% of the Principal to be called due. The remaining 75%'shall be^forgiven. After the third anniversary date of this " 1i Note,; 100% of the Principal will be forgiven. 1' Should the property be damaged to such an extent that the amount of money stated in this promissory note exceed the value of the dwelling located upon the premises, the note shall be forgiven. Damages resulting from wanton or reckless conduct on part of the borrower or with his/her consent shall not fall within the scope of this proposal. Also any transfer resulting from the death or incapacitating illness of one or more of she undersigned would mean 100% of, the Principal will be forgiven. In the event the undersigned shall',fail to pay the Principal, or a portion thereof, 1 when due; the whole amount then unpaid shall become due and payable at the option of the holder without notice. The' undersigned, in of suit hereon, agrees to a pay attorney's fees. All'Endorsers agree to all of the provisions of this Note, and zY' consent to the times of payment of'all or any part hereof. In witness whereof, this Note has been duly executed by the undersigned,ion the r 1 day of 19_ n s II it jt ' Sworn and subscribed to before me this day of 19 ' Notary Public Ili, in and for Johnson County, Iowa. 1 /CEiDED 7Si PROM U' 7-4 V HY ,THE LEGAL' DEPART;CEi1T � Housing Rehabilitation Program City of Iowa City, Iowa ' DISCLOSURE STATEMENT Application Number: Applicant Name and Address: i Lien for Property,at: ' Due Dates fand Payments: ' (1) If sale or transfer before I then full amount which ' is $ becomes due an pays le. (2) If sale or transfer before but after then 50% which is $ becomes due and payable. ' (3) If sale or transfer before but after theni;25% which is $ ecomes due and pays le. j. (4) If sale or transfer,after then no payment is ' required and'the.lien is cancelie . r , Creditor:. City of Iowa City, utilizing Community Development Block Grant. funds from F the U.S. Department of 'Housing and Urban Development. ' r. 1 NO INTEREST RATE TO BE CHARGED ON THIS NOTE. 1 i 'I I! acknowledge receipt of a copy of this statement. r Date 1 , Witness Signature (s) of Borrower (s ' 1 4, ' ' �BECEIVED & APPROVED u 9_5 ME LEGAL DEPARTb:c'HT tRehabilitation Financing Handbook 5/77 ' CIWy1TR 7. LIMITATIONS ON MIOUNl' 01: llffi* LOAN ' SECI10N 2. RJ:11AB I LOAN GENERAL. This section sets forth the eligibility requirements for applicants of the City of Iowa City Rehabilitation Principal Loan program, hereinafter referred to'as'a REHAB I Loan. ' 2. MAXIMUM REHAB I LOAN ON RESIDENTIAL PROPERTY. The maximum loan on residential property shall be,the lowest amount eteimined using the following three ` criteria, regardless of whether the loan is secured or unsecured, ' a. The actual, approved construction costs. b. $17,400 per dwelling unit. c. IAn amount which when added to any outstanding indebtedness related to the ' property, creates,:a total outstanding indebtedness which does not exceed: 97 percent; of the sum of as -is value of the°,property and estimated rehabilitation costs up to and including,$25,000 ? ' , 90 percent of the next $10,000, and 80 percent of any balance of the sum that exceeds $35,000. 3. APPLICANT ELIGIBILITYi To be considered for a REHAB I Loan, the, applicant must Fompl_yjwith the following criteria: a. Be the owner occupant of an all residential structure containing not 'i. ' more than two (2) dwelling units and located within the Rehabilitation Area currently designated for 'service by the City Council. ' b. Havea maximum adjusted gross income (see Chapter 22) not in excess of the following: $10,000 for a 1 person household $11,375 for a 2 person household ,•. $12,750 for a 3 Person household $14,250 for a 4 person household t $15,125 for a 5 person household $16,000 'fora 6 person household $16,875 fora 7 person household $17,875 for an 8+ person household c. Have liquid assets which do not exceed those established for elderly or handicapped persons or shown on the following table ',(page 7-5) which is 1 based on family size and income. (1) Conversion of Assets: When an applicant has assets which are in _'• excess of the maximum liquid asset level, the excess amount may reduced by, applying them toward; the actual cost of the rehabilita tion of the property. The excess assets must be escrowed to the' City, of Iowa City to pay for the rehabilitation. 7-6 7. .JL Rehabilitation Financing Handbook 4/77 TABLE OF MAXIN1UI ASSET LEVELS AlfunN I'...,p sl:e 4 M,! In9me 1 1 J 1! 6 4 S,hq m 10,000 I5, 000 :U, OOtl :O,Mq OO,000 :O,oh, :D,OOJ :O,OM, 5,199.99 ' S. SCO t9 9,300 IS.000 }0,000 :0.000 }0,000 :0,000 :0.000 :0,000 S. 9V9.99 '.6,000 1. 9.000 11,:50 }0,000 :0,0W :0,000 :D,OPO :0,000. :0,000 6,199.99 6,500 to 6,SOo 13,500' 19.000 20,0001. :0,000 .D.00o :0,000. 20,000 6,999.99 7,,000 to .1,000 ISdSD 19,,000 206000 20,000 :D,000 :0,000 40,000 2.199.99 2,300 to ].S00 1},Doo I. 17,000 19.000 :0,000 :01000 :0,000 20,000 2, 999.99 5,000 to 2.000 11.250 16,000 16.,000 19,000 }0,000. 20,000 :0,000 1.199.91 1500 t6 6.500' 10,500'15,000 12,000 16,000 '19,000 20,000 40,000 1,999.99 9,000 to 6.000 9,}50 11,000 16,000 17,00D 13,000 19,000 20.000 9;09.99 9.500 to �S.300 9,000 13,000 .15,000 16,000 12,00D 18.000 19.0Do 9.999.99 -.. 101000 to S.ODD '61250 12.000 11,000 15.000 16,002 17,000' 11,000 10,199.99 lo,soo to S.SOD 11,000 13, 000 11,000 ls,000 16,000 '12,000 10.909.99 11,000 to 7.5" 10.000 1210DO 13,000 11,000 IS.00D 16,000 11199.99 II,$Do to 10,000 13,000. .12.000 1, 13,000 11.000 Is.wo 11,999,99 1},DOD 10 10,000 ID.oOo II,OOo 72,000 10,000 16.000 12,199.99 22,$00 to ID,OOo 70,000 10,000 a(,00D 1},000 13,000 12,929.99 11,m to 10,000 10,000 11,000' 12,000 13.199.9+ 13,500 to ,10,000 10,000. II,ow 33,999.99 11.000 to I0, 000 10,000 11,Iv.n 11, s0o to IO,0D0 11.999.99 ' 15,000 to10,000 X11 15,199.99 Is,5o0 to 10,000 13,93D.99 -r 16,000 a 10,000 16,159.99 _ 16,soo to 10,000 16,999.99 12,000 to 10,000 12, 09.09 .12,560 1. 10,Oo0 13,0)199 Ii II i t' �,rl i ,n �,� Rehabilitation Financing Handbook 9/77 ' 6. All REHAB I Loan promissory notes shall be signed and duly recorded. In addition, all loans in excess of $4,950 shall be secured by a mortgage, duly ' recorded, naming the City of Iowa City through the Department of Housing and Inspection Services as Mortgagee. ' 7. TERMS AND CONDITIONS: a. Terms and Conditions. ' The Maximum term of the REHAB I Loan shall be 1S years, and it shall bear no interest. ' b. Assignability. The REHAB I Loan is not assignable and shall be due upon sale or transfer property by use of a 4 of the property.and contract shall 1 ,''Selling,the constitute a transfer of property and the Rehab I loan shall'be payable in full at that time. c. Repayment and Debt Service! (1) 'Payments shall be made in 180 consecutive monthly installments to a ' k. local lending institution designated by the City. Each monthly payment shall be for'1/180 of the original loan amount plus a monthly debt service charge. ' (2) The`RHHAB L loan may be retired in a period of less than 15 years without ` penalties. ' r" I ,., d. ,;Service and Closing Costs. The closing costs for a REIiA6 I Loan may include the following: (1), Fees for establishing debt service account. Tt (2), Appraisal fees. r 1 i ractin g fees. !(3) Title search and,abstracting ss (4) Recording fees. is (5)� Legal fees.,' e. Delinquency and Late Payment Penalty. A late payment .charge shall accrue on any. amounts delinquent by one month ` 1l or more. The amount will be specified at the loan'closing and if altered, the mortgagor will be notified 60 days prior to the effective date. ' Rehabilitation Financing Handbook 5/77 CIW'TER 9. PROCESSING AND SUBMISSIONS I- R1JiA81LITATION GRANT t 1. GENERAL. This chapter contains an outline of the functions to be performed by the Staff in connection with a rehabilitation grant, and sets forth the policies and procedures to be followed by the Staff in preparing, process, and approving an ' application for a rehabilitation grant, and in canceling an approved rehabilitation grant. ' 2. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by the Staff in connection with a rehabilitation grant. As applicable to each of the !listed functions, cross-references are given to other chapters that contain the, substantive requirements with respect to that function. Items a., b., c., and d. are required, regardless of the source of funds to be used to finance the cost of rehabilitation. " Items e. :through z.', apply to a rehabilitation grant or a rehabilitation grant supplemented by other than a rehabilitation loan. Procedures for a rehabilitation grant supplemented by a rehabilitation loan are included in ' Chapter 10. ' Functions Cross -Reference 1' a. Interview and advise applicant on the general rehabilitation objectives of the project,, and the purpose and meaning of the Rehabilitation Standards. b. Advise the applicant on the availability and '^^ benefits of a rehabilitation grant and other City and private programs and iresources <for financing h .- rehabilitation. C . Inspect the property. Chapter 18 Prepare.a work write-up and cost estimate of the �., rehabilitation work needed to meet.the Rehabili- tation Standards. Chapter 18 e. Determine eligibility of the applicant for a rehabilitation grant. Chapter 3 ' Evidence that ownership of the property has 3„ b,een,;verified and shall be,retained',',in the ,,property -files. ,This shall include the i citation from the land records or other r official record from which the verification was made. yl ' If applicant is occupant -purchaser under a land sales contract, obtain a documentation to ^' support eligibility. Chapter 3 Ii'� , Rehabilitation Financing Handbook 9/77 1 Functions Cross -Re erence f.: Verify applicant's income, housing expense ' and assets. Chapter 0 g. Determine that work items in work write-ups ' conform to purposes for which rehabilitation grant can be used. Chapter 5 Establish of h. amount grant applicant may receive. Chapter 6 i. Be assured that as a result of the rehabilitation grant, the property will be rehabilitated at a ' minimum to meet the Rehabilitation Standards. j. if the applicant is eligible for, and needs a 1 rehabilitation loan, assist him in filing the application. Chapter 10 k. Advise the applicant of the conditions under , Which a rehabilitation grant is made. Chapter 13 1. Prepare construction contract documents and ' obtain contractors proposals for rehabilitation work and review proposals received. Chapter 19 M; 1'repare.Form CDR -7660, Rehabilitation Grant, (originaiand l copy) and S; obtainapplicant's' signature: ' n. Approve Form CDR -7660, if all requirements are met. o'. Assign application number and enter on approved Form CDR -7660 and all related documents. Chapter 16 P. Prepare promissary note for loan lien if y•.I.� applicable. Obtain legal opinion and recordation. ., q. Prepare contracts and CDR -7660 for signature(s), f 'obtain applicant'sendorsement, and request' ' monies for grant in rehabilitation escrow account. Chapter 14 ' r. Assist applicant in execution of construction contract, and deliver to selected contractor. Chapter 19 s. Assist applicant in issuing` proceed', order for i.. construction work. Inspect rehabilitation as it progresses. Chapter 20 ' �r 9-2 1 Rehabilitation Financing Handbook 5/77 Functions Croas-Reference u. Make final inspection of completed rehabilitation work. Chapter 20 ' v. 'Issue Form CDR -7645. Chapter 20 w. Obtain from contractorguarantee' of work, ' manufacturers' and suppliers' warranties, and release of liens from general contractor, sub- contractors, and suppliers prior' to final payment for rehabilitation work. i x.Prepare Statement of Disposition of Funds. ' y. Closeout rehabilitation escrow. Chapter 14 z. Make follow-up inspection: Chapter 20 ' 3. PROCESSING AND APPROVAL OF GRANT APPLICATION. Processing by the Staff of L application, or a rehabilitation grant consists of the completion of the ' functions listed below, items a.:through c., assembly intone file of the, Form CDR -7660 and all supporting documents, and the review of the file to determine approval. ' a. Preparation of Form. The Rehabilitation Finance Specialist shall prepare form CD R-7660 (original and 1 copy) for the applicant, based on information furnished by the `applicant and obtained by the Rehabilitation Finance Special ist from"other sources, as documented in the file. 'Every space provided for an entry on Form CDR -7660 shall be completed. Entries of money amounts shallbemade rounded to the nearest dollar.) If no money is%involved for an entry fora particular application, the entry shall be "none" Review and appproval by the`Director;of Housing and Inspection Services of Form CDR -7660 shall be based on the form completed in this manner.. b. AP2McantaPurahaeinqUnder a.Land Sale Contract. If an application' for a rehabilitation grant is with respect to an occupant -vendee under a land sales''contract or similar' arrangement,, the file shall contain documentation to support the requirements in Chapter 3. II c. :Approval of Application for Grant. An authorized Rehabilitation Specialist shall approve a Form CDR -7660 by obtaining the applicant's signature in block I, and by signing-block.J, on both the original and the copy of the ! form. If the rehabilitation grant alone is sufficient to rehabilitate the { property,; or if ;the rehabilitation grant is to be supplemented by funds other than a rehabilitation loan and the Rehabilitation Finance Specialist is assured that the property will be rehabilitated to meet the Rehabilitation' Standards (see Chapter',4),;'the rehabilitation grant is considered to be ' approved, and the Rehabilitation Finance Specialist maynotify the applicant, and proceed with the remainder of the functions for which it is responsible in order to complete the rehabilitation work. 9-3 int„ . ' Rehabilitation Financing Ha ndbook 4/77 1 (1) If a rehabilitation rant is to be su lemented b a rehabilitation loan, the grants al not a consideredapprove unu a ter approval by ' tFe lender of the application for a rehabilitation loan approval shall consist of a letter of commitnent (either from the City or private sources). In this case, the Rehabilitation Finance Specialist shall not advise the applicant concerning approval of the rehabilitation grant, ' nor proceed with any of the rehabilitation work, until the reservation of loan funds has been 'received. (2) If the Rehabilitation Finance S ecialist determines that a Form CDIZ-7660 ' cannot e approved a written statement of the reasons or t o etermination shall be put in the application file by the Rehabilitation Finance Specialist. An application number shall not be assigned by the'' ' Rehabilitation Finance Specialist to a Form CDR -7660 it does not approve. 'llte , d. Rehabilitation Finance Specialist shall 'complete CDR -766T "Promissory Note for Rehabilitation Grant" original plus two and shall transmit original plus one copy to City Attorney's office for opinion.' Attorney shall render a written legal opinion regarding the adequacy of the Promissory note, shall record same and'forward'the'two copies of his opinion plus the copies of the promissory note to the Rehabilitation Finance ' Specialist. The Rehabilitation.Finance Specialist shall retain one copy of the opinion -promissory ' rr plus a copy of the . note.inthe.. applicant's file. The other. copy of the promissory note and the legal opinion shall be forwarded to the grantee. e. Required -Submissions. For an application for a rehabilitation grant, that is ' ' - not to ,be supplemented; by a rehabilitation loan, the Rehabilitation Finance Specialist promptly shall submit the completed approved copy of Form CDR -7660 to: ' !, ;r,• Director. of Housing and InspectionServices 1'. ;.. IF F 'the original o g f the completed' approved Irornt CDR -7660 shall be retained by the Rehabilitation Finance Specialist with the supporting documentation in the application file. With the exception of the, submission of Form CDR -7645 to the above' address ,at the'time of the completion of'.the rehabilitation work, there are no other required submissions for a rehabilitation grant that is not supplemented by a rehabilitation loan. ` For an applicatiomdor a rehabilitation grant that is to be supplemented by a'loan, the completed original and the copy of Form CDR -7660 shall accompany ' the Form CDR -,7630 submitted by the Rehabilitation Finance Specialist to the Lender (see Chapter 10). 4. GRANT CANCELLATION. An approved rehabilitation grant may need to be cancelled ' ' because the applicant has requested cancellation or is unwilling or unable to proceed with the rehabilitation work, or for other reasons. ' 9-4 ' Y IF l:F!L 1 Rehabilitation Financing Handbook 5/77 ' CHAPTER 10. PROCESSING AND SUBMISSIONS FOR A REHABILITATION LOAN 1. REHABILITATION LOAN ON RESIDENTIAL PROPERTY. The material under this heading is in connection with a rehabilitation loan on residential property that by itself ' or in conjunction with funds',to be provided by the applicant other than a rehabilitation grant; is sufficient to accomplish the required rehabilitation. a. Outline of Rehabilitatien Staff Functions. Listed below are the functions to be performed by t e Re bihtation Staff for rehabilitation loan on a ' residential property. As applicable to each of the listed functions, cross- references are given to other chapters that contain the substantive requirements ' for that function. Regardless of the sources of funds to rehabilitate a property; the Rehabilitation Staff shall assist the property owner by per- forming functions:(1) through (7)"; listed below: ' Function Cross -Reference (1) Interview and advise ,the property owner " on the general rehabilitationobjectivesfor the project area, the purposes and meaning of the i i Rehabilitation Standards. I' (2) Advise the property owner on the availability and+benefits of a rehabilitati.on:,loan, and on 4 other Federal and private programs and resources ' for financing rehabilitation. (3) Inspect the property." Chapter 18 (4) Prepare a work write-up and cost estimate t of the rehabilitation work. Chapter 18 ' (5) Financial interview by Rehabilitation Finance Specialist to':determine eligibility of the applicant for a rehabilitation loan. - Chapter 3, 7 � 6 Determine that .items in the work write-up conform to, purposes for which a rehabilitation ' loan may be used. Chapter 5 (7) Advise applicant concerning the conditions under which a rehabilitation loan is made. Chapter 13 re (8) Obtain following information with respect to the applicant for all residential Form CDR -7639 properties: '- (or equivalent) (a) Verification of Mortgage or Deed of Trust from each holder of lien secured by the ` ' property. it 10-1 �� J ' Rehabilitation Financing Handbook 5/77 'report 'from ' (U) Credit recognized credit bureau. (c) Verification ofemployment. Form CDR -7633 (or equivalent) (d) Statement of verification of other ' earnings. (e), Verification of deposits. Form CDR -7634 (or equivalent) (9) Make,a preliminary evaluation of ability of applicant to repay indicated loan amount. ' (10) Final consultation with applicant on preliminary work'iurite-up and cost estimate to reach agreement , on work to be done within applicants ability to repay. Chapter 18 ' (11) Prepare contract specifications. Chapter 18 (12) Request as -is appraisal. ' (13) Let construction bids,t assist applicant in • selection of acceptable contractors. Chapter 19 t (14) Take "before" pictures'. (15) Assign CDR loan number, and: set up separate ' file for each case. Chapter 16 (16) Deliver case to Director for submission to Rehabilitation Review Board for conditional commitment.{?Include the following papers and/or forms I,IAs (a) is'appraisal. (b) ,Two (2) copies of accepted bid. (c) "Before'.' pictures. (d) Copy of,Code violation letter and cost ' r estimate. (17) Order abstract update and legal opinion, if applicable. Chapter 11 (18) Complete CDR -7630 or CDR -7632. i v i 'i 10_2 r �� J Rehabilitation Financing Handbook' 5/77 ' (19) Determine that through the rehabilitation loan the property will conform to Housing Rehabilitation Standards requirements'. If additional financing is required, assist applicant in obtaining the needed funds. (20) Deliverto; Director for submission to Rehabili- tation Review Board for firm commitment (loan approval). Include the following as applicable: ' CDR -7630 CDR (a) or -7632. ' (b) Credit Report (original). (c)' Verification of Deposit(s) (original). 5 (d) Verification of employment(s) (original). (e) Verification of Income from Other Sources '(original). %. (f); Verification(s) of Mortgage or Deed of Trust (original). y (g) Copy of 'Deed. (h) Current balance sheet, operating statement J and/or most recent copy of tax returns if vt applicant is self employed. (i) ; Attorney's opinions, (21) When the firm commitment has been received by ' the, Finance Specialist advise' applicant and loan ,.servicing. agency,', and set date for .the settlement a of .the loan. (22) Along with 20(a) through (i) include for the - retention at Losing, the following: (a) 'Hazard insurance' policy on property. (b); Copy of payment schedule breakdown. l - i (c) Copy of agreement on REHAB I loan. ' (d) Debtor's life insurance policy, if ra applicable. i «' 10-3 ' Rehabilitation Financing Handbook 5/77 (24) Prepare "Request for Loan Account," and hold ' in file until date certain. (2S) On date certain, P uick,theapplicant, or Ip PP , meet at designated loan; closing location and assist in getting all necessary papers signed. (a) Have applicant(s) sign: 1. All copies of construction contract. 2. Proceed order. 3. Promissory note or mortgage. ' 4' CDR-7660, if :REHAB I'loan to be supplemented ,bylforgivable loan and/or grant. " (b), Explain to the borrower the amount of ' their monthly payments ,and when the first and all subsequent, payments are due. , (c) Staff will explain their responsibility in °-I recording all security instruments. 1 d Continue abstract and return to the City ji Attorney for final opinion. (e) Record promissory note or mortgage at Courthouse. ; f -_ Deposit borrower's supplemental funds in escrow account. O De P Borrower will be given receipt with xerox copy of t check. j (26) Assure compliance with equal employment opportunity requirements. This is a continuing , .` i responsibility until the work is completed. Chapter '13 and 19 (27) Inspect the rehabilitation work and make progress payments; if provided in construction contract. Chapters 14, 19, and 20 (28) Make final inspection of completed rehabilitation work. Chapter 20 (29) Issue Form CDR-7645, "Certificate of Final Inspection." Chapter 20 I , I' tF (30)Take "after" pictures.' (31) Obtain from contractor, guarantee of work, manufacturers': and suppliers'.warranties, and , 10-4 Rehabilitation Financing Handbook 4/77 ' release of liens from the general contractor, subcontractors and suppliers prior to final pay- ment for rehabilitation work. (32) Request final payment to contractor for completed rehabilitation work. Chapter 14 and 20 1 (33) Place in the file, the following papers and/or forms: ' (a)> Copy of signed promissory note, if applicable. ' (b) Copy of signed and recorded mortgage, if applicable. ' (c) Copy of, firm commitment signed by authorized j City employee. (d); Copy of City's Request for Loan Account, CDR -7636. = (34) Make follow-up inspection of rehabilitation' work.', :Chapter 20 ' , b. Disapproval of Loan Application. Disapproval by the Rehabilitation Review Board tor any loan application constitutes'a formal turn down and the Rehab Finance Specialist shall advise the applicant accordingly and properly 1 ' document the file. In the case of special'lor extenuating circumstances, the Rehab Financial Specialist may ask the,I,Review Board to re-examine an application along with the documentation necessary to support the request ;for reconsideration. c. A Zieant Caneels Loan A lieation. In the event the applicant chooses to cancel a loan application prior to Date certain,'the Financial Specialist shall prepare'CDR-7630C and obtain the applicant(s) signature(s). If the applicant(s) refuses to sign, the Finance Specialist shall document this refusal by so; indicating on the CDR -7630C by a statement signed by the ' Financial Specialist. j 2.I REHABILITATION LOAN SUPPLEMENTED BY A REHABILITATION GRANT. The material under. this ;heading dis:in connection with a re llitation loan on residential, property supplemented by a rehabilitation grant.' a. Outline of Rehabilitation Staa Function. All of the functions listed under paragraph 1., items 1 t roug 36 -s ll appply under this section. In addition, one more Form, CDR -7660 (original plus 10, shall be completed. The ' CDR -7660 shall be retained in the applicant's file until such time as the loan application is approved by the, Rehabilitation Review Board. Upon loan approval, one signed copy.of CDR -.7660 shall be given to the grant/loan applicant and one signed copy shall be retained for the case record.; ' 10-5 ' Rehabilitation Financing Handbook 9177 ' b. Assurance of Supplemental Financi?yd. if approval of the loan and grant is depen ent upon supplemental I inancn ng, the Financial Specialist shall be assured of the provision of those funds (see Chapter 4) prior to recommending approval of the loan. ' c. Disapproval by Rehabilitation Review Board. Tf the Rehabilitation Review Board disapproves the loan application, the Financial Specialist shall write , on the original copy of CDR -7660 "cancelled" and retain same in the applicant's file. d. Grant Only to be Approved. If a,grant is to be approved after the disapproval, - of a loan request, a new CDR -7660 shall be prepared and the application shall be processed in accordance with Chapter 9. ' e. .A lieant Cancels Loan/Grant A Licaticn. In the event that the applicant c noses to cancel t e loan grant application prior to the signing of the 'finallpapers, the Finance Specialist shall prepare CDR -76300 and obtain the ' applicant(s) signature(s).1 3. DOCUMENTATIONFOR LOAN ON RESIDENTIAL PROPERTY. This material sets forth required, ' documentation in conjunction with an application recommended for approval by the FinancialSpecialistfor a lrehabilitation loan on residential property. The forms; and other documentation to be included with the application by the Financial) } Specialist to the Rehabilitation Review Board are listed in paragraph 1. ' 'I Instructions concerning some of: the documents listed are as..follows: I a. Application Form.. ' (1) If a rehabilitation loan is to be' supplemented with a rehabilitation grant, CDR -7660 will also be completed. ' (2) Each applicant shall be given a copy of Form CDR -7631. b. Verification of E7nployment:'I Include a completed CDR -7633 "Request for :'." )- 12 months. Verification of Employment", each position held withinthe last ' Verifications of employment' must be completed on all persons whose signa- 'on tures will 'appear the promissory note and mortgage. ,I c. Verification of Deposit. CllR 7634 must be completed for each checking and/or savings account listed by the applicant(s). ' Id. Veri ication oflIncome romllOther Sources. Verify all other income received y the applicant(s), such as pensions, social security, ADC, disability bene- fits,"rentals, income from care of foster children, interest on investments, , etc. :"If the principal source of income of the applicant(s) is from his own business, include a currently dated balance sheet and operating statement, ora copy of his most recent tax return. ' e. Verification Mortgage or Deed of Trust. Complete CDR -7639 for each 'out - Stan ing mortgage or lam sales contract on all properties beingpurchased' b the applicant(s). Y ,! 10-6 g ( I I ' Rehabilitation Financing Handbook 4/77 1 F. Credit Data. ' (1) Obtain a written credit report from the Credit Bureau. g. Conetruction'Contract Document. See Chapter 19. 1 h. Ownership Data. ;The Rehabilitation Financial Specialist shall make a preliminary informal determination of ownership. The citation from the land records or other`official:records used in the verification shall be retained ' in the file. This informal verification shall be followed, at the appropri- ate time, by a formal verification in the form of a written title search and the continuation of the abstract. ' i. Rehabilitation Loan Involvi a Land Sales Contract. All land sales' contracts angst be refinanced or retire a ore an applicant can apply for a Rehab I ' - loan. I 1 Y Sir I 1 � I a I r, i Y. 1' t1 i r M I a. n ".t t 10-7 I � ( �f 1 Rehabilitation Financing Handbook 4177 ' WAVIER 11. LOAN SH MEM 1. GENERAL. This chapter sets forth the staff responsibilities with respect to a City of Iowa City rehabilitation loan for: (a) preparing for loan', settlement, (b)completing loan 'settlement; and (c) carrying out past settlement activities. ' 2. PREPARING FOR LOAN SETTLDIENT.The following actions shall be taken in pre- paration for loan settlement: ' a. Establish a date certain for loan settlement that allows a minimum of 15 days for processing. b. Prepare Form COR -6236 for a'loan encumbrance to be dated the date certain. c. After the loan encumbrance is requested, the Ainancial Specialist shall promptly take -the following actions: ' (1) Prepare a promissory note (original) in accordance with the form of promissory.note approved.by;the Cit Attorne 's 'Office. Y,. Y ' (2) If the loan is to be so secured, prepare a mortgage (original) in! accordance with the form of mortgage approved by the City Attorney's Office for Use 'in this,Ilousing,Rehabilitation program. ' (a) ;For a loanunder $5,000, recheckthe ownership information in 4 the case file. (b) For a loan of $5,000 or more, arrange for updating the title report to the date certain. ' . (3) Prepare a proceed order to be signed by the borrower at settlement. For a'secured loan, the executed proceed order shall be retained by the Finance Specialist for five working days from the'date of signing in order to 'give the 'borrower time to exercise his rights of rescission ' under the Truth in Lending Act. (SeeChapter23) (4) Instruct the borrower to obtain: ' (a) Original and memorandum copy of insurance policies for Eire and extended coverage that provides coverage in accordance with the local coinsurance clause percentage of the value of the property, or an insurance binder or other 'evidence of insurance. (b) Original or certified copy of receipt for payment of initial or current insurance premium,: whichever is applicable. (5) Make arrangements for loan settlement on the date certain. 11-1 i � 1 ' Rehabilitation Financing Handbook 4177 3. DELAY IN LOAN SETTLEMENT. Loan settlement shall be effected on the established settlement ate,,provi ed that the approved Form CDR -6236 and the loan check have been received from the Finance Department. If for any reason loan settle- ' ment cannot be accomplished on the established date, it shall be accomplished as 'soon thereafter as possible. Such later settlement shall, with the written consent of ,the borrower, be effected, as of the originally established settlement ' date. In the absence of that written consent, the loan check must he returned to the Finance Department. 7lie Finance Specialist shall then set a new settle- ment date and shall prepare and submit to the Finance Department a new Form ' CDR -6236 (original and one copy) with the new date certain specified thereon. 4. COMPLETING LOAN SETTLEMENT. The Finance Specialist shall proceed with loan settlement on the date certain as follows: ' a. Review the approved Form CDR -6236 with the borrower. If applicable, emphasize that the borrower mustinclude'' not only in his/her first monthly payment, but ' also: in his/her subsequent monthly payments, an amount for accrued escrow expense account items. ' b. Secure the borrower's signature in block M of each of the three copies of Form CDR -6236, and witness the signature. c. 'Secure the borrower's signature on the original promissory note. ' d. If applicable, secure the borrower's signature on the original mortgage or deed of trust. ' e. If necessary, review witl the borrower the copy of Form CDR -7631, which was previously given to him before he signed the application form CDR -7630. ' I' f. Obtain opinion of City Attorney (original) -concerning the legality and sufficiency of the executed promissory note and, if any, the mortgage or deed „ Of trust. The City Attorney shall participate in any proceedings as maybe , necessary to assure the legal validity of the loan application. g. Obtain from the borrower the required fire and extended coverage insurance ' ;,. policies',and premium payment receipts. 'I h. "Obtain from the borrower evidence of current tax and special assessment payments',in the form of most recent receipts. ' i. :Secure the borrower!s endorsement on the loan check. 1� J. Advise the borrowerlwith re J and to: 8 (1) Name of the loan servicer to,„whom monthly payment checks shall be ' made, payable; where to send the first and subsequent monthly payments, and the obligation to remit the first monthly payment even though the borrower may'not receive a payment notice. (2) Need to make all monthly payments on the date due to avoid legal action. ' 11-2 � f.. i C� I _ h Rehabilitation Financing Handbook 4/77 APPENDIX 1. GUIDV iuui 01: TiUNW 7ALLErJT.R FOR TRANSFER OP RLIIABILITA'1'ION LOANS TO SE VICE AGENT ' Gentlemen: The following City of Iowa City rehabilitation loans have been settled and are being transferred to you for loan servicing in accordance with the agreement between ' the City of Iowa City and your lending' institution. For each loan listed below, =there are enclosed, as applicable; checks to cover accrued escrow expense account items for the following loans: The first monthly payment for each loan listed below is 'due 19 'subsequent and the 'amount 'of the first monthly payment and monthly payments toIh lois indicated on thecorrespondingForm CDR -6236. an The following loans are covered by this transmittal: Loan Number Name of Borrower Amount of Loan Type of Loan. Security ' ;. ignature o. inancia pecia ist . ' jr (title) a en I,: Enclosures 1 r 1 G 1 P �4 AI 11-4 ' ,.'�r� �:I, i I,j'j Rehabilitation F' Handbook �o Financing 4/77 CIW'TER 13. TERMS AND CONDITION'S UNDER k911C11 RL-71A11ILITATI0N GRAM'S AND LOANS ARE MADE 1. GENERAL. This chapter sets forth City requirements with respect to terms and conditions :to which an applicant must agree in order to obtain a rehabilitation grant and/or loan. 2. RENABTLITATIO.N GRANT CONDITIONS. The specific terms and conditions with respect ' to a rehabilitation grant are incorporated in Form CDR -7660. The applicant shall agree, and by signing Foam CDR -7660 does agree to: a. Civil Rini hits. Comply with all City requirements with respect to Title VI of t e Ch ivil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, sex, or national origin in sale, lease, rental, use, or occupancy of the subject property. - ' b. Cancellation of Grmtt. Return of the grant proceeds with no right, interest or claim in ti— a Beds, if the grant is canceled before the rehabilitation ' work is started. c. Use of Proceeds. Use of grant proceeds only to pay for costs_of services and materialsnecessary to carry out the rehabilitation work for which the grant ' wi!11 be approved. '. d. Completion of Work.' Assure that the rehabilitation work shall be carried out ' „promptly and efficiently, through written contract let with the prioi con- currence of the City. L I e. Ineli ible Contractors. Not award any contract for rehabilitation work to be 1 , -,' paid or in w ole or in part with the proceeds of the grant, to any contractor-` who, at the time,.is ineligiblelunder theprovisions''of any applicable regulations issued by the, building official, ',City of Iowa City to ' receive an award of'such contract." rI, I f. inspect�zon. Inspection by the City or its designee of the property, the rehabilitation work and all :contracts, materials, equipment, payrolls, and -conditions "of employment pertaining to the work. g. Records. Keep such,records as may be required by the City with respect .', - to tie rehabilitation work. h. Interest of Certain'FederaZ Officials. Not permit any member, or Delegate IT to t e Congress o e United States, and no Resident Commissioner, to share in any proceeds of the grant, or in any benefit arising from the same. i. Bonus Cormniasion or Fee. - Not pay any bonus, commission, or fee for the pur pose of obtaining the City approval of the grant application, or any, other " approval or concurrence required by the City or its designee, to complete 1 the rehabilitation work, financed in whole or; in part with the rehabilitation grant. ,t 13-1 ' ii u li I,j'j 1 Rehabilitation Financing !landbook 4/77 j.'Interest of the City. , Allow no munber of the governing body of the City in wfTic t e property to be rehabilitated is situated, and no other City official ' of the locality who exercises any functions or responsibilities in connection "with, the administration of the federally assisted project or program, and no other officer or employee of the City who exercises such functions or responsibilities, to have any direct interest in the proceeds ' of. this ''grant, or in any contract entered into by the applicant for the performance of work financed in whole or in part with the proceeds of the rehabilitation grant. ' 3. REHABILITATION LOAN CONDITIONS. The specific terms and conditions with respect' to rehabilitation loan to a residential property are incorporated in Form CDR-7631, the mortgage or other security instruments as applicable, and the promissory note. a. Cancellation Provision. Under paragraph 3 of _Form CDR-7631, concerning the City's rig t;to cancel a loan if. within 60 days ,from the note's execution the ' rehabilitation,work has not commenced, the City may extend'ilre 60-day period by not more than 30 days,:.due to unforseen and extenuating circumstances. b. Additional Extension. The Rehabilitation.Financial Specialist shall not grant' any further extensions of time without prior written concurrence by the Di rector, of Housing and, Inspections. If the loan is to be canceled because of failure to begin anticipated rehabilitation work within the allowed- „'. period of; time, the Rehabilitation FinancialSpecialist shall' initiate 'can- cellation in accordance with'the he procedures in Chapter 10. ' 4. INTEREST RATE. 2The interest rate to the borrower for a rehabilitation loan shall ? ee at c established by the City Council Presently no interest is charged. S. TERM OF LOAN.' The maximum term for a'Ciiy rehabilitation loan shall be 15 years ''' ort ree- ourths of the remaining life, whichever is less'. 6. POINTS OF AGREEMENT. The applicant shall agree, as required by the related ocim ents, to a i e by-,the following terms and conditions: a.Civil Rights. Comply with all Federal requirements with respect to Title VI of the Civil Rights Act of. 1964, to not discriminate upon the basis ofrace, color, creed, sex, or national origin in sale, lease,:rental, use, or occupancy of the subject` property. b. Equal Employment Opportunity. Abide', by the provisions of Executive Order 11246 +' concerning equal employment opportunity. i. I' c. Use of Proceeds. Use the loan proceeds only to pay for costs of services and materials necessary to carry out the rehabilitation work for which: the loan will be approved. d. Completion of Work.', Assure that the rehabilitation work shall be carried out promptly and efficiently through written contract. 13-2 ' S� ' Rehabilitation Financing Handbook 9/77 ' e. IneliiL Contraetorn. Not award any contract for rehabilitation work to be par or rn w ole or in part with the proceeds of the loan to any contractor, who, at the time, is ineligible tinder the provision of any applicable regulations ' issued by the Secretary of labor to receive an award of such contract. f. Inspection. Permit inspection by the City or its designee of the property, the renal bilitation work, and all contracts, materials, equipment, payrolls, and ' conditions of employment pertaining to the work. g. Records. Keep such records as may be required by the City with respect to the ' re a ilitation work. h. Interest of Certain Officials. Not permit any member of or Delegate to the ' Congress o the Unit States, and no Resident Commissioner,.to share in any proceeds of the loan, or to any benefit to arise from the same. i. Bonus Commission 'or Fee. Not pay any bonus, commission, or'fee for'the purpose o o tarning e City's approval of ,the loan application, or any other approval or concurrence required by'the City or its designee to complete the ' !rehabilitation work, financed in whole or in part with the rehabilitation loan. j. !Interest of the City. Allow no member of the governing body of the City who exercises any functions or responsibilities in connection with the administra- tion of the concentrated rehabilitation project, and no other officer or , employee of the City who exercises such functions or responsibilities to have any directinterest in the', proceeds of the rehabilitation loan, or in any contract entered into by the applicant for the performance of work ' _., financed, -;in whole or in part, witfi'the'„proceeds of the rehabilitation loan. k! Preservation of the Security. Maintain the property at the requirements of the , Rehabilitation Standards level and permit the City or its designee to inspect thero erty during the term of the loan. P P I ` - 1. Hazard Insurance. Maintain hazard insurance''on the property with a loss payable ' clause tote City,as applicable. m. Transfer of the Property. Not sell,' or transfer the property' without repaying ' t eij entire, loan, unless prior written consent of the,City is sought and received. n. Loan Security Requirements. Provide security for the loan, the form of a mor tgage,,on the property; if applicable. o. Debtor's Insurance. Maintain debtor's a life insurance policy in the amount of the mortgage or lien as applicable. PP , 13-3 Rehabilitation Financing Handbook 4177 CIIAPTPR 14. FUNDING OF INDIVIDUAL REHABILITATION GRAM'S AND LOANS AND MANAGITILM• 01' R1i1AIiILI'1ymoh,' L'SCROW ACCOUM' GENERAL. Ili is chapter sets forth policies for hording the individual rehabilita- ' tion 'grants, forgivable loans, and loans, and also the policies for City management of rehabilitation funds. 2. FUNDING REHABILITATION GRANTS FORGIVABLE LOANS OR LOANS. When an application �i or financial assistance has: been processed an approved (Chapters 9 and 10), the program Finance Specialist shall enter the total amount of assistance in the • program account ledger as encumbered monies. The Finance Specialist will be certain that adequate funds are budgeted and uncommittedbefore processing applications for grants or forgivable loans or loans. Program budgets will be established annually by the City Council according to local, state and federal funding available for ,a housing rehabilitation program.'. 'I 3. FUNDING REHABILITATION PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supplemental funds are utilized to complete a project, these funds are collected when the ' application is approved and ,deposited into the rehabilitation program account awaiting disbursement." The Finance Specialist enters the fund receipt in the program account ledger'. The'Iowa City',Department of Finance is responsible for ' depositing the check and reporting the transaction in the department computer printout by case number and finance program. 4. .MANAGEMENT OF THE REHABILITATION GRANT" ' FORGIVABLE LDAN REHAB LOAN AND SUPPLE . MENTAL FUNDS ACCOUNT..;All,rehabilitation programf un d s ' private and public, shall e deposited in a non-interest earning bank account. Accounting records will be maintained to ep the; funds separate from other', City funds. a.. Separate Case Numbers for Each Progrmn Participant. The Finance Specialist will assign case num ers to each program applicant (Chapter 16). The account t computer printout will log all credits and debts according to assigned case numbers. b. Disbursements of Rehabilitation Punds. Disbursements from rehabilitation funds will be authorized by the Director of Housing and Inspection, Services. A'check request will be prepared and submitted to the Department of Finance properly', identifying the case number and expenditure: The Finance Specialist 'j. will maintain a file of all invoices and receipts. The, Department of Finance will prepare a check, as directed, payable to the grantee/borrower }. and the payee for the following purposes,'as maybe appropriate: ' (l) Makeprogressand final payments for rehabilitation work. (See Chapter 20).,, Progress payments are limited to 80% of the value of ' the work satisfactorily completed. (See Chapter 19) r. (2) Pay ,for insurance binder, if required. (3) Reimburse the City for advanced loan expenses. (See Chapter 5,' Section 2) 14-1 Rehabilitation Financing Handbook 4/77 (4) 'Closeout individual rehabilitation accounts by appropriately disbursing t any unutilized funds remaining in the rehabilitation account. Al check to return to the grantee/borrower unutilized funds in the rehabilita- tion account shall be made payable to the grantee/borrower only. c. Transmittal of Cheeks. The Finance Specialist shall secure the endorsement' ' of the grantee borrower on checks payable to the grantee/borrower and the payee. The 'Finance Specialist shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from ,progress ,payments shall be accompanied by an explanation of the computation. , d. Disputes. In the event a`dispute exists between the grantee/borrower and the contractor with'.respect to the rehabilitation work, the Construction Specialist shall take appropriate action in accordance with the provisions of the con- struction contract :(See Chapter 19) to assure that the grantee/borrower is satisfied before making any payment to the contractor. , e. Adjustment and Closeout of Rehab Case Account. Usually disbursements made for the purposes stated under paragraph 4'will closeout the rehabilitation case account.However„-;if unutilized funds remain in for individual rehabilitation ' cases because the actual rehabilitation costs were less than anticipated or if f for other reasons, the unutilized funds shall be disbursed as follows:. , (1) If all the funds were provided, by a rehabilitation grant, the unutilized funds shall be disbursed to apply to the source, from which they came. A check for funds to be applied to the rehabilitation grant shall be ' made payableJointly to the grantee and to the Housing Rehabilitation project account., In lieu of a check, other appropriate documentation will clarify final disbursement of individual case funds. i' (2) If all the funds were provided by a rehabilitation loan, the unutilized funds shall be disbursed to apply to the principal amount of the loan. A check to be applied to the rehabilitation loan amount shall be made ' payable jointly to the borrower and the lender,' and transmitted with instructions that the check shall be applied to the reduction of the loan's principal balance. , 3 If all theifunds were rovided 6 a combination rehabilitation rant and O P Y _8 loan, the unutilized funds shall be disbursed first to 'apply to the principal amount of the loan and then to the grant source. , (4) If the grant and/or loan was supplemented by private funds, the unutilized funds, up to the amount of the private contribution, "shall be disbursed to the grantee and/or:;borrower;'at his option. .': ' 14-2 Rehabilitation Financing Handbook 5/77 ' CIIAP111 15. PROITIM' APPRAISAL ' 1. CENLRAL. An appraisal is required for every property to be rehabilitated with a, rehabilitation loan. The type of appraisal varies depending on whether the loan involved is secured or unsecured. a. For a rehabilitation loan on rsaidwhtiolproperty an as -is appraisal is required. An as -is appraisal is de fined as the highest price which a property; will bring,, if exposed for sale in the open market, allowing a reasonable time to find a purchaser who buys with knowledge of all the uses ' to which it is adapted and for, which it is capable of being, used. The value sought presupposes all cash to the seller, with the purchaser financing the transaction by the most advantageous means and terms generally ' available throughout the entire city. The value must also take into con- sideration the neighborhood upgrading expected as a result of the Urban Renewal.Plan or local code enforcement program. 2. APPRAISAL FOR REHABILITATION LOAN. The Finance Specialist should make a preliminary evaluation to ascertain that loan approval is likely, before requesting an appraisal and making,a charge for an application fee. (See Chapter 16) ' a. 'Appraisal by City Staff• ,For loans under '$5,000 on residential, mixed-use or nonresidential property, the appraisal 'shall be made whenever possible by City staff. (1) The appraisal information shall be recorded on Form CDR -7632, completed in its entirety and signed by an authorized member,of-the staff'. This i action willco firm the City's acceptance of and concurrence in the 'n YP report. The completed Form CDR-7632'shall 'be retained in the,, c file.. The estimates of value, remainingleconomic life,and age of structure shall be entered in the spaces provided on Form CDR -7630. b. Appraisal by Area office. For loans of $5,000 or more, the Finance' Specialist shall obtain an appraisal from the appropriate Area FHA insuring Office. ' t (1) Residential Property., For residential property,lthe Financial Specialist shall request the appraisal by transmitting FHA Form 2800 to. the Area FHA .insuring .Office. The, MA Form 2800 transmitted to the Area FHA insuring Office must be accompanied by Form HUD -6242, pages 2'and 3. The Area FHA insuring Office will make the requested i' appraisal and return the completed ,FHA Form 2800 to the City. However, if the'Fonn FHA 28001or 2013-R is not accompanied by pages 2 and 3 of r Form HUD -6242, the Area Office will return it withoutaction. „. 15-1 , Rehabilitation Financing Handbook 5/77 CII40fLR 16. NU1BERIN'G GRM71' AND LOAN APPLI CAT[ ON'S ' 1. NUMBER TO BE ASSIGNED EVERY APPLICATION. '17ie Staff shall assign a number to every application for a rehabilitation grant and/or loan, in accordance with the require- ments of this chapter. The Staff shall enter the assigned number in the spaces , provided on the applicable Form CDR-,7660, Form CDR-7630, and Form CDR-7643 (or equivalent), on all the other CDR forms and documents related to the rehabilitation grant and/or loan. 2. ONE NUMBER SEQUENCE PER CALENDAR YEAR. The number system requires that only one sequence of numbers, beginning with "1", be used in connection with each calendar year. Number shall be assigned consecutively from this sequence regardless of ' whether the applications are.for a rehabilitation sgrant, - a rehabilitation loan, or both; and the type of property and loan involved. , 3. NUMBERING OF APPLICATIONS. 'fie number assigned by the Staff to every application. a related documents or a rehabilitation grant and loan shall consist of the following three parts, with each part separated by,a slash ,. a. Calendar Year-Last Two Digits of Calendar Year 76-77 etc. b. Number assigned consecutively from a single sequence of numbers shall be ' used, for each year. If the applicant is submitting two applications -- a Form CDR-7660 for a rehabilitationgrant, and a Form CDR-7630 (or equivalent) for a rehabilitation loan -- in connectionwith the same owner-occupied, one , or two dwelling unit property, the same number shall be assigned to both applications. The "211, 113" "4", indicate 1 c. category code "1", or to the category of 'application as follows: (1) Category code "1" anapplication fora rehabilitation loan only in ' ' connection with an owner-occupied residential property containing one or two dwelling units after rehabilitation. (2Y Category code "2" - an application for a rehabilitation loan in ' connection with an investor-owned residential property. - Category 'T' an (3) code -- application fora rehabilitation grant only. (4) Category code "4" - two applications from the same applicant in connection with the same owner-occupied residential property containing one or two dwelling units after rehabilitation; one application Form e CDR-7630 (or equivalent) for a rehabilitation forgivable loan and the other a Form:CDR-7660 for a rehabilitation grant. , 4.i EXAMPLE OF APPLICATION NUMBER. The following examples of application numbers, or illustrative purposes, 76/1/3. ' 16-1 jj ,i j 1 Rehabilitation Financing Handbook 4177 1 a. Calendar Year Excua lea. Therefore, in these examples, the portion of the application num er representing the Calendar Year is 76. 1 b. Sequential and Final Digit Ex Zee. If the 29th application in the sequence of rehabilitation grant and loan applications is for loan for an investor 1 owned residential property, the application number would be 76/29/2. If the next application in sequence (i.e., the 30th) involves a grant and a forgivable loan on the same property, the number 76/30/4, would be assigned to both the Foran CDR' -7630 (or equivalent), and all related documents. If the next application in sequence is for a grant only, the application number would be 1 76/31/3. 11 ' S. TIME OF ASSIGNMENT OF APPLICATION NUMBERS. An assigned application number is a' recor o i enti icauon accounta ility that is basic to management controls by the Staff. Therefore, the Staff shall assign application numbers only at the 1 tines indicated below for the type of 'case involved. a. Application number for grants shall be assigned at the following times: 1 (1) For a grant only, when the Staff approves and signs the Form CDR -7660. :! (2) For a grant that is to be supplemented by a rehabilitation loan, when '1 the Staff prepares the application for 'a rehabilitation Form CDR -7630. The same application number (using category code "4") shall be entered on the Form -CDR -7660 and the Form CDR -7,630 (or equivalent). 7 (3) For a grant that is to be supplemented with funds from some source other than a rehabilitation'Joan, the Staff ;must have satisfactory evidence of the availability of those funds to the applicant. y b. Application numbers for loans shall be assigned at the time the Staff ',E•, completes the CDR -7630 "Application for a Rehabilitation Loan" and submits same to th6�Rehabilitation Review Board. 1 6. REUSE OF APPLICATION NUMBERS NOT PERMITTED. An application number once assigned by:t a Sta s all not a reus or reassigned. If a previous case to which the * 1 .i•, Staff has assigned an application number is not approved, and is resubmitted at a later date; the Staff shall assign the resubmitted case a new application number with the sequence number applicable at that time. If the previous case was for both a grant and a loan (a'category "4" case), and the resubmission is for a :1 grant or a loan, the correct category code number (either "1" or "3") shall be used in the new application nuinber,'as well as the sequence number applicable at that time. u r' 16-2 F , Rehabilitation Financing Handbook 4/77 CHAPTER 17. APPLICATION FEES 1. 'INTRODUCTION. An application fee shall be charged for all rehabilitation loan applications,of $5,000 or more. No fee shall be charged for an application for a rehabilitation grant or an application of less than $5,000. 2. APPLICATION FEE ON RESIDENTIAL PROPERTY. ' a. Schedule of Fees. The Public Body shall charge an application fee for a rehabilitation loan of $5,000 or more. The application fee shall be the actual cost of the IIIA appraisal which presently is $50. ' - b. Collection of Fee. ' (1) The Financial Specialist shall not collect an application free directly from the applicant. The amounts the fee in this case shall be in- cluded in the Form CDR77630, and afterloan' closeout (See Chapter 12) ' the Financial, Specialist will{refund the City funds it advances to pay the application fee to HUD. If the Form CDR -7630 is not approved, the amount of the fee advanced by the City shall be charged to CDBG Rehab project cost. ' c.'Payment of Fee to - HUD. The Financial Specialist shall advance CDBG Rehab project fundsapplication fees to HUD. Payment of application ' fees to-,IUD:shall accompany; the copies of- Form -I1UD-6242„ HUD Section (312 Loan Application' Fee -Request for As-Is,Appraisal, page 1, that the Financial` Specialist forwards to HUD. (See Chapter 15) At the end of each day, the 1 Financial Specialist shall. prepare a check drawn on project funds, made payable! to ','Department of Housing and Urban, Development," in an amount to cover the Forms HUD -6242; -,that the City forwards to the Area Office on that day. The check together with the supporting copies of Form HUD -6242, ' page 1,!shall be mailed to:, Department of Housing and Urban Development , Attention: Office of Finance and Accounting; Director,: Program Accounting Division Washington, D.C. 20410 , -i The Area Office will not'make an as -is appraisal of the property unless the Form FHA 2800 is accompanied by Form IM -6242, pages 2 and 3. d. Reimbursement to Cit Oran Advanced A Zication Fee. The reimbursement N f Pp 'i of an application fee or an approved loan di elf rsfrom the accounting of an application fee for a disapproved,',canceled, or withdrawn loan. ' e 17-1 eRehabilitation Financing Handbook 5/77 e (1) Reimbursementn eoLoan. The City all reim ursoiasA Cved aiao12 for an appli- os pter e cation fee advanced for an approved loan by transferring the full amount of the advanced fee from the rehabilitation escrow account to project funds. (2) Reimbursement of an. Application Fee for a Disapproved, Canceled, or Withdrmm Loan. Since the fee is initially advanced from project funds, no reimburse- ment is :involved when a loan is disapproved by the Rehabilitation 4 e Review Board, canceled, or withdrawn. I.e I e� I �eI eI. II ,I I eI. ,II Pi 11 ,r II 4 e �I I { I . �e I Y , 17_2 Yt7 e 1 ffilamn'� Rehabilitation Financing Handbook 5177 cjimyroz 18. DUrETNINING WORK TO BE DONE WITH 101ABILITATIONT GIMT AND LOAN 1. GENERAL. ]his section sets forth the responsibilities of the Rehabilitation Construction Specialist for determining the rehabilitation work necessary to bring a property into conformance with the Rehabilitation Standards and for providing assistance in the rehabilitation of the property. In carrying out these responsibilities, the Rehabilitation Construction Specialist shall: Inspect a. the property. b. Make a preliminary work write-up and cost estimate of the work to be done. c. Consult with and advise the owner on the work to be done, and the availability of a.reliabilitati6n grant and/or loan. d Prepare a fil abilita- nal work write-up cost estimate as the basis for a rehabilita- tion and/or loan and for contracting for the rehabilitation work (when any of the work is to be financed with a rehabilitation grant and/or loan), 2., PROPERTY INSPECTION. The Rehabilitation Construction Specialist shall inspect the property and preparL.an inspection report that identifies each deficiency with respect to the Code and other deficiencies which may be corrected through rehabilitation grant or loan funds. (See Chapter 5) An inspection report,p I re pared in this.manner will later serve the Rehabilitation Construction Specialist as the basis forprep aring a work write-up and cost estimate. 3 ! INSPECTION CHECKLIST. The City has developed an inspection checklistfor use ini inspecting each residential property.In essence, such a checklist' isla listing of every item which is subject to Code that may be found in a property.! The use of such a checklistfacilitates the inspection, and also helps provide a proper basis for the preparation of the work write-up, cost estimate, and the contract specifications. a. Checklist by Room. For a residential property, the items in the checklist are classified by room. For example, items applicable to a kitchen or bathroom are listed on sheets tinder those room classifications. Similarly, alseparate sheet with an appropriate listing of items would be used for each habitable room. b. Checklist4rnat ion. Alongside each item on the checklist, space is provided or indicating the, nature and extent of the deficiency. Additional space is provided on the checklist', or in supplementalsheets, for notes dealingthe types of materials', extent of repairs or replacement, and other. information that may be helpful in later preparing the work write-up and cost 'estimate. 4. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a statement prepared by the Rehabilitation Construction Specialist based on the property in- spection report that itemizes all the rehabilitation work to be done on the 'property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work.' 18-1 ffilamn'� ' Rehabilitation Financing Handbook 4/77 ta. Aon tion that Rehabilitation Finanei fJill Be Used. Since it is generally not practical to predetermine ietier or not a property owner will utilize a rehabilitation grant and/or loan in the rehabilitation of his property, t the Rehabilitation Construction Specialist shall proceed on the assumption that such financing will be used. For this reason, it is important that the ' work write-up be sufficiently detailed to facilitate: (1) Cost estimation. ' (2) Consultation with the property owner and/or tenant. (3) Preparation of specifications for construction contract documents (see Chapter 19) in conjunction with a rehabilitation grant and/or loan. b. Dual Use o} Work Write Up In a case where the rehabilitation is relatively simple or limited in scope, the work write-up can be made sufficiently comprehensive to be used later (without the cost estimates) as the specifi- cations for the construction contract documents. In such a case, the work write-up shall be prepared as described under paragraph 7. below. ' c. Itemizie t. Each item of work and its estimated cost shall be identified in the work write;up as being either necessary to meet the Rehabilitation Standards, "or for other purposes that may be financed with rehabilitation grant and/or loan funds (see Chapter 5). This is done on the work write-up by entermg the cost estimates in,a columnar arrangement.: ' d. Ad'uatin Work Write -U If the total estimated cost, of the work exceeds t t e amount o tie se abilitation grant and/or loan the applicant could` receive, or exceeds the applicant's financial ability to do all work, the ' Rehabilitation Construction Specialist shall eliminate or modify items in the work write-up as necessary to reduce estimated cost; however, items of work necessary to meet the Rehabilitation Standards shall not be eliminated. e. Owner's Preference. k preliminary work write-up should not contain details Eitiav—F a no; significant effect on cost, such as color, style or pattern. Decisions on these details can be made when preparing the specifications i for.the construction contract documents, or even after the contract award by `providing in the contract documents, as appropriate, the term "to be selected 111 by owner."' is 5. APPLICANTS ELIGIBLE FOR REHABILITATION GRANT. For an applicant who eligible IZ for a rehabilWLtion grant, the ME work write-up and cost estimate prepared ' by the Rehabilitation Construction Specialist shall: a. 'Identify each of the items of work to be financed by the grant. ' b. Show the total amount for those items, indicating how the statutory limits were taken into, account (see Chapter 6). ' (If the final work write-up is to be used for the specifications, the two items above shall be shown on a separate sheet that will not be part of the construction' contract documents.) C 18-2 i.1 ii Rehabilitation Financi?V llawlbook 4/77 6. ' CONSULTATION {✓ITN PROSPh.n,rVE APPLICANT. As soon as possible after inspection of the property (preferably wit in 24 lours), the Rehabilitation Construction Specialist shall consult with the prospective applicant on the preliminary work write-up and cost estimate. 'Me Rehabilitation Construction Specialist shall advise the applicant which items of work are required to meet the Rehabilitation Standards, and which are not required, but may be financed with rehabilitation grant and/or, loan funds. The Rehabilitation Construction Specialist should be , prepared to eliminate or modify any item in the preliminary work write-up that isnot specifically required by the Rehabilitation Standards. However; the Rehabilitation Construction Specialist should encourage each applicant to under- ' take as much of the other rehabilitation work as he can reasonably afford. As a result of';the consultationand agreement between the Rehabilitation Construction Specialist and the applicant on the work to be done, the Rehabilitation Construction Specialist shall prepare a final work write-up and cost estimate. The final work write-up shall be the basis for the specifications in the construction contract documents be to used to solicit bids and proposals from contractors (see Chapter 19). ' 7. ,SPECIFICATIONS IN CONSTRUCTION CONTRACT DO CUMENTS. Each specification in a construction contract document shall be written so that it provides a clear under- standing of the nature and scope of the work to be done, and a basis for carefully ' determined bids and proposals from contractors. Each, specification shall show the nature and location of the work and the quantity and type of materials required. 'y The specifications shall refer to manufacturers' brand names or to association; standards to identify, the quality of materials and equipment required, and may make provision for acceptable substitutes. If the work write-up is sufficiently com- preheasive, it may itself be used for, the specifications, without any cost estimate figures or distinctions as to work required or,not required. , Standard Specifications. The specifications in the construction contract documents themselves shall be kept relatively simple by having the documents refer to the technical and detailed specifications that are contained in an document that is called "general specifications." This technique simplifies and facilitates the preparation of the work write-up, cost estimate, and contract documents. ' (1) Definition. The "general'' specification" is a document that compiles technical, detailed specifications for each of the types of rehabilitation work that is expected to occur, with some frequency, for the types of properties in the ,., project area, and are modeled after the PHA Minimum Property Standards for one and two family structures. (2) Availabilit The "general are . specifications" kept on file in the project P P 1 o fief a and other locations' convenient to all contractors.( , 1 I i; 18-3 „ 1 Rehabilitation Financing Handbook 9/77 ' CIWFTLR 19. camrRACPING FOR REIMI1.ITAIJON WORK ' 1. INTRODUCTION. This chapter sets forth requirements and procedures with respect To construction contracts for rehabilitation financedthrough a rehabilitation grant, rehabilitation loan, or both. Construction work for rehabilitation financed through a rehabilitation grant and/or a rehabilitation loan shall be undertaken only through a,written contract between the contractor and the recipient of the grant or loan. The Rehabilitation Construction Specialist shall assist each applicant in arranging'; for and obtaining an acceptable construction contract. ' a. Form a Contract. The construction contract will consist of a single document Tigned by the contractor and accepted by the borrower, only following approval of the rehabilitation grant and/or loan. It shall contain a bid and proposal by the.contractor and the general' conditions, as well as the specifications for the work to be performed.: b. Use of Alternates.' The contract document prepared by the Rehabilitation ' Construction Specialist may provider for alternates by which, the bidder, as part of his bid and proposal, offers increases and decreases to the lump sum contract', price to cover alternatives in the performance of the work. I'`An alternate may be, used to cover an item of work,the need for which cannot be determined until some time during the course, ofthe rehabilitation work. For example, the construction contract' may; call for replacement of a bathtub. The floor joists in the bathroom are not exposed; and their actual conditions cannot be determined even with careful inspection. ; However, general conditions in the bathroom, such as evidence of ',plumbing leaks over'a period of time, indicate that the'floorjoists may'.be rotted'. The work write-up, cost estimate, and the approved rehabilitation grant and/or loan may include an amount to replace the floorjjoists,and related costs if, upon removal of the old bathtub, this need is, apparent. Underisuch circumstances,' the work to replace the floor ' joists should be included'in the construction contract documents as an. alternate.' If upon removal of the old bathtub it is found that work is not needed, no payment for it is required under the construction contract. If that work turns out to be needed, the cost is established by the construction contract documents, and the contractor can be ordered to proceed with :that work i 1 for the stated sum. (1) Format for Alternates. 11 Generally, alternates should be avoided, but when° ' use, the Rehabilitation Construction Specialist shall provide for them specifically in',the rsection provided for bid and proposal by adding ' material such 'as the followings Alternate N1., (description of the alternate) .1 Add $1 Deduct $ ' Alternate N2. Same as above for Alternate #1. ;1 19-1 r i I 'i ' Rehabilitation Financing Handbook 4/77 2 Unre ueated Alternates not Considered. 'Ihe Rehabilitation Construction O Specialist s all not consider alternates proposed by a bidder that are not called for in the contract document prepared by the Rehabilitation Construction Specialist. The Rehabilitation Constriction Specialist ' shall not consider a bid and proposal that is qualified by the contractor with unrequested alternates or other changes. , c. Procurement of Bids. An acceptable contractor's bid and proposal, in the contract document ,form 'prepared by the Rehabilitation Construction Specialist must be obtained for a residential case where extensive architectural work ' is not required, before the Rehabilitation Financial Specialist processes Form CUR 7630 for approval by the Director, and before the Rehabilitation Financial Specialist approved Form CDIZ-7660 for the rehabilitation grant. ' 2. ''GENERAL CONDITIONS.The Rehabilitation Construction Specialist shall prepare provisions of general,, conditions for general use in all construction contracts for the rehabilitation of the property. There follows a listing of provisions ' that the Rehabilitation Construction Specialist must include in the general conditions: bid be ' a. The address to which the contractor's and proposal must' submitted: (Name of property owner) Care of: (City of 'Iowa City, Department of Housing and Inspection Services. ' -- b. Date and time by which a bid and proposal by the contractor is to be received ` by the Rehabilitation Construction Specialist. CT C. A provision that the bid and proposal shall be accepted by the borrower within 30 days from the date established by the Rehabilitation Construction Specialist for its receipt, provided that the contractis subject to issuance ' of a proceed order by the borrower, and no work shall. be commenced by the contractor until he has received a written proceed order. ' d. A provision that the borrower is obligated to issue a written proceed 'order within 30 days from the date of acceptance of the contractor's bid and 'I proposal. If the order, is not received by'the contractor within this period, the contractor has the option of withdrawing' his bid and proposal. e. A provision that the contractor must commence work within 30 days after ' issuance of the proceed order. Only in the case of work involving non-residential property can this limit be extended for a reasonable time past the!30-day n limit. i f. A provision that the contractor must satisfactorily complete the work within days after the issuance of the proceed order. ' g. A provision that the contractor will be paid the contract price, in one lump SUM amount, after 'the work is satisfactorily completed unless payment, is to be made in progress payments as the work progresses. When progress payments it S , 19-2, 1' n: r i I 'i Rehabilitation Financing Handbook 9/77 ' are to be made, the contract must include a schedule that specifies the stages at which payment will be made and the percentage (or amount) of the contract price that will be paid For the satisfactory completion of each stage. Progress payment shall not exceed 80% of the value of the work satisfactorily completed. Progress payments (limited to two) and final ' payment due the contractor will be paid within 20 days after the Rehabilitation Financial Specialist receives the contractors invoice and satisfactory release of liens or claims for liens by subcontractors, laborers, and material suppliers for completed work or installed materials. h. Provisions that the contractor shall be required to: ' (1) Furnish evidence of comprehensive public liability insurance coverage protecting the owner for not less than $100,000, in the event of bodily injury including death, and $50,000, in the event of, property damage 'I arising out of the work performed by the contractor; and, evidence of insurance or other coverage required by local law governing workman's compensation.` ' (2) Obtain and pay for all, permits and licenses necessary for the completion and execution of the work and labor to be performed. (3) Perform all work in conformance with applicable City codes and require- ments whether or not covered by the specifications and drawings for the work. ' (4) Abide by Federal and City regulations pertaining to equal employment. O p p y during the course of the work and 5 Kee ithe remises clean and orderly remove all debris at the completion of the work. Materials and equipment it that;, have been removed and replaced as part of the work shall belong to the contractor. y ' : (6) Not assign the contract without written consent of the owner. The j request for assignmentmust be addressed to the: ' City of Iowa City Department of Housing and Inspection Services Civic Center Iowa City, Iowa 52240 (71 Guarantee the work performed for a period of one year from the date of final acceptance of all work required by,the contract'. Furthermore, ' furnish the owner, in care of the Rehabilitation Construction Specialist, with all manufacturers' and suppliers'', written guarantees and warranties covering materials and equipment furnished under the contract. (8) Permit HUD or its designee, to examine and inspect the rehabilitation work. 1=� �., 19-3 it 1 a r i i {I Rehabilitation Finance:ng Handbook 7 -�c I'. 4/77 i. 'Provisions that the owner will; (1) Permit the contractor to use, at no cost, existing utilities such as light, heat, power, and is -iter necessary to the carrying out and ' completion of the work. (2) Cooperate with the contractor to facilitate the performance of the ' work, including the removal and replacement of rugs, coverings, and furni- ture, as necessary. j'. A provision that; the premises are to be either occupied or vacant during the ' course of the construction work. k. A provision that final payment on.the contract amount will be made only after final inspection and acceptance of all the work to be performed by, the contractor, and the contractor has furnished ,the owner, c/o Rehabilitation Construction Specialist, satisfactory releases of Tiers or claims far liens by the contractor, subcontractors, laborers, and materials suppliers. 1. A provision that;the contract consists of the bid and proposal, the general conditions, the specifications incorporated therein by reference and identified as Exhibit "A" and the drawings (if any) identified (the Rehabilita- tion' Construction Specialist will have inserted appropriate identification of the specific drawings). t m. A section at the end of the general conditions containing material to be completed by the bidder, generally as follows: ' Por the considerations named therein, the Contractor proposes to furnish all the material and do all of the we described in,'Iand in accordance with „,the ' ' contract identified above in item 1. of the general 1 conditions for, the lump -sum price of $ t Contractor Acceptance by Owner (name' of contractor) (name of owner(s)) ' L J ' (address and ZIP of contractor) (address and ZIP code of owner(s)) { " (date of proposal and bid) (date'of acceptance) ' 1 (notarization or acknowledgement) (notarization or acknowledgement) ' 3. SPECIFICATIONS'AND DRAWINGS. Specifications, based on the work write-up and illustrative s etc es, IT any, covering'the specific rehabilitation work for each i' property on which a,rehabilitation grant and/or 'loan will; be made shall be pre- ' pared; by the Rehabilitation Construction Specialist. Drawings shall be prepared only when essential'to show the scope of the work involved so that a fair bid for I. the work can be obtained, and'to avoid misunderstandings with the bidder. The specifications and drawings 'shall be based on the work write-up resulting "frau an inspection of the property and interviews,' as indicated,with the applicant. The specifications shall clearly establish the nature of,the'work to be done and the 19-4 ' i {I 7 -�c I'. ' Rehabilitation Financing Handbook 5/77 ' material and equipment to be installed. Fach page of the specifications and drawings shall be numbered and shall contain identification that includes the ' name, address of owner, and the date of the specification. 4. OBTAINING CONTRACTORS' BIDS AND PROPOSALS.The Rehabilitation Construction Specialist shall establish and, on the basis of his experience, maintain a current listing of contractors, subcontractors, and materials suppliers who are qualified to perform, and aren interested in doing rehabilitation work financed through a ' rehabilitation grant and/or loan. 'Me listing may be based on; the experience of the Staff, experience of, property owners and others, information' obtained from banks;, credit, and trade associations, FHA'Insuring Office, and other information available to the Staff. While the list in a limited way, may serve the purpose of prequalifying bidders, it shall not be used as a means of excluding bidders who are not on the list"at the time the submission of a bid and proposal is in order. ' 5 INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the names of two contractors he would lie to bid on the rehabilitation of his property.If the owner does ' not knowtwo contractors or no contractors, the Rehabilitation Construction Specialist shall provide the property owner with one or two 'contractor names when the owner knows of no contractors from the,list ofapprovedcontractors ' maintained at the Department of Housing and Inspection Services. b. Invitation to Bid.: Once two contractors have been selected according to paragrap 5. a, above, the Rehabilitation Construction Specialist shall contact ' the selected contractors and invite them to bid the proposed rehabilitation. The Rehabilitation Construction Specialist shall meet each contractor at the subject property'at an appointed time to assist in the in of ;the ' property and to facilitate obtaining a bid. ,- c. Bid Review. Upon receipt of the bid proposal from both bidding contractors, P P ' te,Re a litatioConstruction Speciast'shll'review the bids for com Tete- h ness and accuracy' making; special note to assure that the specificatioave ns h been adhered to. d., Acceptable Bid. An acceptable bid: is one that upon review under 5. c. above, is not in excess of 40$ of the Rehabilitation Construction Specialist's estimate. The lowest acceptable bid shall be recommended to, the owner for ,.t acceptance. In t- Feevent no acceptable bids are received the Rehabilitation Construction Specialist shall reject all bids and ask the owner to select another two bidding contractors and repeat the bid, process, e. Maintenance of the Contractors' List. y, (1) The Rehabilitation Construction Specialist shall be responsible for ,.' maintaining ,a list of all contractors who have expressed an interest in bidding on rehabilitation construction and who can provide the following '$ as contained on Form MR -7646: >" 1 19-5 Rehabilitation Financing Handbook 5/77 (a) Adequate active liability insurance (see 2. h. (1) above). ' (b) The name of his company bank. ' (c) The names of his usual subcontractors. (d) The names of his principal suppliers. ' (e) The names and addresses of at least two (2) residential rehabilitation or remodeling jobs. ' Contractorsproviding' acceptable data as requested above shall be placed on the list of approved contractors. No contractor shall be placed on the list who is subject to FHA debarment under' paragraph S. e. below. ' (2) The Contractor List shall be maintained in a conspicuous place within the Department of Housing and Inspection Services office; open to public , review...The Contractor List shall be grouped according to the category , of specialization 'the 'contractor requests to be listed (e.g., general contractors, electrical, plumbing/heating, masonry, dry wall, etc.). ' (3) Selection of 'a contractor to bid on a specific job shall be made by taking the 'contractor whose name appears at the top of the list under the categoryof specialization that is applicable to the specifications under , consideration. As a.result, all contractors, move up one, and the name of the contractor selected to bid is placed at the, bottom of the list. f. Acceptable Contractors. The Rehabilitation Construction Specialist shall always exercise care and good judgment in selecting a contractor. A selected contractor shall';be of good reputation, financially sound, have „ adequate'financial resources to carry out his bid and proposal, and be qualified ' to do the required work.'.'; The Rehabilitation' Construction Specialist shall frequently monitor the list of contractors to assure that they continue to be acceptable. 'I (1) Referral to HUD. On all contracts in excess of $10,000, when a'bidding contractor is not known to the building, nspectors, the Rehabilitation Construction'Specialist shall check the contractor more carefully, including getting up-to-date information on him from the PITA Insuring Office before suggesting the owner award the contract. i' i i Ii 1 (2)Contractors Subject toAdminist atzve Debarment. Checks made by the � Rehabilitation Construction Specialist,"will not preclude the FHA from making previous participation checks as itdeems necessary, Contractors found subject to Federal administrative debarment as a result of these checks shall not:be selected: 16 19 ' Rehabilitation Financing Handbook 5/77 ' g. No Notification to Bidder before Contract Award. The Rehabilitation Construction Specialist shall not advise any hidders of either selection ' or rejection before the contract is awarded. 6. AWARD OF CONSTRUCTION CONTRACT. The contract shall be awarded by having the applicant for the rehabilitation grant and/or loan properly execute the contract twith the assistance of the Rehabilitation Construction Specialist. a. Issuance of Proceed Order. At the time the award is made, the Rehabilitation Construction Specialist shall remind the applicant and the successful contractor that the undertakinglof the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of ' days stated in the generalconditions of the contract from the date of the award. Upon award of the contract, the Rehabilitation Construction Specialist shall notify unsuccessful bidders that they have not been awarded the contract. ' b. Contract Awarded after Receipt of Reservation of Funds. In a case involving a loan, t o contract award shall a ma a only a ter the Rehabilitation 'I Construction Specialist has received a firm commitment from the Director that ' the loan has been approved. c. Award within 30 days of Cutoff Date. In order for the bid and proposal to ` be binding, the award shall be.made within'a period of 30 days from the cutoff date established by the Rehabilitation Construction Specialist for the receipt of the bid and proposal, unless a''later date Js agreed upon'in 'writing. :Contract Award. In the award of a construction contract for rehabilitation,, The rehabilitation grant and/or loan shall execute the original and; five copies 'of the contract documents.: The Rehabilitation Construction Specialist shall ' distribute the executed contract documents as follows: (1) Executed copy to contractor. f (2), Executed copy to borrower. ' (3) Executed original and copy retained by, Rehabilitation Construction Specialist for file. (4) Executed copy to private lender (if applicable). 7. ISSUANCE OF PROCEED ORDER. The general conditions of the construction contract will state that the owner, will issue a proceed order within a stated number of ' days from the date of acceptance of the contractor's bid and proposal. The proceed order for a'construction contract which 'shall be executed by the -'`N borrower at loan settlement, shall be issued within 30 days of the acceptance of,the contractor's,bid and proposal, and shall require the start of construction 'within 30 days or less from the date of the order's signing. In order to con form with this contract condition, a proceed order shall be issued promptly' after the Form CDR-7660 for a rehabilitation grant has been approved and/or loan ' settlement has been completed for an approved loan. Loan settlement is con- 1 19-7 �1 i , Rehabilitation Financing Handbook 4/77 sidered completed only after recordation of the mortgage and expiration of rescission right. The Rehabilitation Construction Specialist shall assist; the, grantee or borrower in the preparation and issuance of a proceed order. The proceed order shall be prepared for the applicant's signature, and shall ' be distributed by the Rehabilitation Construction Specialist, as follows: a. Original to the contractor. ' b. One copy retained for the file. c. One copy to grantee or borrower. t 8. LABOR PERFOMVED BY OWNER IN REHABILITATION PROPERTY. Questions arise from time to time, during the processing of a rehabilitation grant and/or loan, concerning ' the owner's performance ofsomeor all of the labor required to complete the rehabilitation of his property. lliese paragraphs are intended to supply answers to those questions, as well as describe the circumstances under which ' this form of self-help is desirable and to be encouraged. a. Type of Work and 'Skill e, Omner. A property owner may complete some or all of the tasks required to rehabilitate his property, if he has the degree of 1 skill required to perform the work involved. Self-help is usually, appropriate for the accomplishment of tasks of an unskilled nature Stich as general clean- up, demolition of small buildings on a property, removal, cartage, and disposal of the debris„ and for work that involves minimal. use of costly materials and equipment. Work of 'a skilled nature, and work involving the extensive installation of costly materials and equipment, are, appropriate ' if the Rehabilitation Construction Specialist is assured the property owner has the ability and experience required to do the work properly without supervision, or that he has'sufficient skill to do the work properly with technical advice and guidance from the Rehabilitation Construction Specialist.' , b..Technical:':Aid Eligible as Project Coat. The. Rehabilitation!Constnaction Specialist is reminded -that provision of technical assistance is part; of ' • his ob j 'fu nction. With such assistance ,'partial or total rehabilitation of a property through self-help may be made more feasible. C .. Benefits from Self-help. Self-help may reduce the amount of a loan that the 1 property owner would otherwise.require,,',thereby reducing his monthly payments or the term of the loan, as he prefers. , At times, self-help may also enable a property owner to obtain a rehabilitation grant and/or loam by reducing costs to an amount within the statutory limits for a grant and/or loan, and simultaneously may make loan'', repayment feasible. , For example, the 'cost to accomplish complete rehabilitation, entirely by contract, may be more than ,can be allowed under the statutory, limits applicable to a grant and/or loan, or may require a loan that would exceed 1 j, the owner's ability to repay. '! „ 19-8 r ' Rehabilitation Financing Handbook 5/77 d. Provision for Self-help in Cran' and Housinq Loan. Whenever self-help is necessary, indicate or desire an the Rehabilitation Construction ' Specialist considers that with or without its technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner, it may process an application for a ' rehabilitation grant and/or loan on that basis. In such a case, the amount of the grant and/or loan would provide funds to pay for the materials and equipment to be installed by self' -help, as well as any additional funds needed to pay for other rehabilitation work to be performed by a contractor. ' The grant and/or loan shall not, include funds to pay the owner or members of his family for their la or. Further, the Rehabilitation Construction Specialist must exercise good judgement and prudences asto avoid a situation ' in which,an owner could place himself in financial difficulty through improper'. use, installation, or even destruction of the materials and equipment pur- chased with grant and/or loan funds. For this reason, the owner should understand that the proceeds of a grant and/or loan to pay the supplier for ' materials and equipment involved in a'self-help will be'disbursed from the rehabilitation escrow account by the Rehabilitation'Financial Specialist, only, after they have been properly installed. e. Coordination with Contractor. When some of the rehabilitation work is to be done:through ;self-help, and the remainder is to be done by the contractor, 'i the Rehabilitation Construction Specialistshould assure that the work is done by each of them so as not to interfere with or jeopardize the other's '1 work. In cases where a separation in the timing of the work is not feasible, the Rehabilitation Construction Specialist should ,urge the owner and con- '' tractor to make their own arrangements on the timing, so that each may do i; ' his work without, causing any interference in the work to be done by the other. ;In all instances, the owner will be better`protected(if work to be r ' done through self-help is completed before the contractor starts his work. Such completion' will help avoid claims by; the contractor for';extras;or'damages he mayjclaim are caused by the self-help efforts,.', and will assure,that when .'all work is finished, the property will comply with the Rehabilitation Standards.' i •'( 9. OTHER PROVISIONS (in re: 21:0) of this chapter) a. The Contractor Shall: indemnify and hold harmless the Owner, the Owner's employees, the City—Manager, and the City's employees from any and all lia- bility, loss, cost, damage, and expense (including' reasonable attorney's fees and court costs)' resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging, bodily injury, including death, or property, damage rising out of or resulting'from.the Contractor's operations under this Contract, whether such operations be by himself or by any ,Subcontractor ';or by anyone directly or indirectly employed by either of them. The Contractor shall obtain insurance for this purpose, which shall ' insure the interests of the Owner and the City as the same may appear, and shall file with the Owner and the 'City certificates of such insurance., b. Correction of Faulty Work after 'Final Payment: The approval of the final ' Request for Payment, by the inspector and the making of the final payment by ' the Owner'to the Contractor shall not relieve the Contractor of responsibility :,•' for faulty', materials or workmanship. +' 19-9 , a.. I Rehabilitation Financing Handbook 5177 CIIAF'1'BR 20. INS11ECIION OF REHABILITATION WORK ' 1. GENERAL. This chapter sets forth the requirements for the inspection of rehabilita- tion work financed in whole or in part with a rehabilitation grant and/or loan. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. Ilie Rehabilitation Construction Specialist shall.make inspections of construction work in cases involving'a rehabilitation loan or a rehabilitation grant. To accomplish this, the Rehabilitation Construction Specialist shall make: ' (1) Compliance inspection, as necessary, to assure that the construction work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed' in accordance with construction contract. The Housing Inspector and any special- ' ists from the Building InspectionSection, as may be ,required, shall ,i accompany;,the Rehabilitation Construction Specialist on the final ;inspection and shall provide the Rehabilitation Construction Specialist with a written report of.,!their findings. , 3. INSPECTIONS FOR PROGRESS PAYMENTS AND FINAL PAYMENT. Inspection of construction York shall be,made in accordance with t efollowing: ' a. Pro ments.s A compliance inspection of the rehabilitation work shall be made before the Rehabilitation Financial Specialist makes a progress payment ' on a.contiactor's invoice.;' (1) Inspection Report - Request for Payment. The Rehabilitation Construction' ti Specialist shall prepare an inspection report (original and one copy) for:. cases involving a rehabilitation grant and: for 'City Rehabilitation loans. ' ' (2) Payment for Satisfactory Work. If the, inspection determines that work com- pleted is, satisfactory, the Rehabilitation Financial Specialist shall draw',on the escrow account a progress payment check payable to the ' I, ,I I, borrower and the intended payee (See Chapter 14). Ii (3) Obtaining Corrective Action. If the work completed is not in accordance with.the construction contract for a progress payment, the Rehabilitation Construction Specialist shall advise the borrower of any noncompliance in the construction work, or of; an incorrect invoice submitted by the con- tractor. The borrower 'shall be.requested to obtain, with assistance from ' the Rehabilitation Construction Specialist appropriate corrective action fromlthe contractor. No payment shall be made on a construction con- tract until the contractor has satisfactorily completed the necessary ' corrective action. I' i 201-1 i i a.. I ' Rehabilitation Financing Handbook 4177 b. Final Inspection. Upon completion of the rehabilitation work and receipt of the contractor's invoice containing his certification of satisfactory completion ' of all the work in accordance with the contract and his warranty, the Rehabili- tation Construction Specialist shall arrange for inspection of the completed work. ' c. 'Making Final Payment. When the final inspection determines that the work is satisfactorily completed in accordance with the contract, the Rehabilitation Construction Specialist shall obtain from the contractor a release of liens, and ' a copy of each warranty due the borrower for the work. After receipt of a release of liens,; including releases from all subcontractors and suppliers and a copy of each warranty, the Rehabilitation Financial Specialist shall make final,payment'in accordance with Chapter 14. The Rehabilitation Financial Specialist shall'.thenForme CDR -7645: P prepare ' 4. CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Construction Specialist determines that the rehabilitation work has been fully and satisfactorily 'completed and the finalinspection report obtained, the Rehabilitation Financial Specialist shall prepare,a Form CDR -7645 (original and three copies). Distributional Form CDR -7645 shall be distributed as follows: ' (1) Signed original to the property owner. (2) Signed copy, retained in the property file. 5. SUPPLEMENTAL INSPECTIONS. In some cases defects and inadequacies in the con- struction work, not; apparent at the time of final inspection, may show up after -. i final payment for the work is made and'Porm,CDR-7645 is issued. Most of these ' are minor, such as doors and windows that stick after painting._ However,'others are serious, .such as'roof leaks not ascertainable until after a rain, defects in ,., heating systems installed during the nonheating season that were not revealed in the limited tests after installation, and plumbing leaks 'that did not show up in the finalinspection: a. One -Year Guarantee on Work b Contractor. All work performed by the contractor is covered by a one year guarantee but property owners are not always aware that, for a,period 'of one year, they may, require the contractor to correct significantdefects and inadequacies in the work performed under this contract. ;t Fort is r�i" eason, the Rehabilitation Construction Specialist' shall inform the owner of 'the guarantee requirements upon completion of the rehabilitation. b. Additional Call by Rehabilitation Construction Specialist to Insure Validity and Correction of Complaints. Alt oug a limited examination indicates that the incidence q serious defects and inadequacies in the construction work is not frequent, and contractors generally correct them promptly, when requested, ' the Rehab iliiConstruction Specialist, after the final inspection, shall make an additional call on the property, owner to ascertain if there are any complaints about the work that has been done. This call shall be made within' 60 days after the issuance of Form CDR -7645. The Rehabilitation Construction rs� Specialist shall inspect that work to ascertain if the complaint is valid. If the complaint; is valid, the Rehabilitation Construction Specialist shall assist the property owner in obtaining prompt corrective action from the contractor.'. 'I 20-2 - ' Rehabilitation Financing Handbook 5/77 The contractor must be given written notice with reasonable promptness. , Should the contractor fail to answer or correct the defect(s) within a reasonable time, the Rehabilitation Program, at owner request, will assist owner in the following manner: , (1) Staff members of the Housing Rehabilitation Program will investigate the complaint. ' (2) If the Rehabilitation Program finds the complaint to be invalid, owner will be so notified. , (3) If the Rehabilitation Program finds the complaint to be valid, :the Rehabilitation Program will direct the contractor to take necessary corrective action within a specified length of time. ' (4) If the contractor complies, the Rehabilitation Program will reinspect the work and, if it is satisfactory, 1, the owner will be expected to ' .i sign a written statement withdrawing the complaint. I (5) If the contractor fails to respond to the request within the specified length of time, the Rehabilitation Program, upon owner request, will ' prepare a letter for owner's signature, notifying the contractor a second tine that unless the complaint is abated by a specified time, a formal complaint will be filed with the State Building Board for ' appropriate action. (6) If the contractor fails to respond to the request for correction within I the time specified: (a) The Rehabilitation Program will take any necessary action to have the defects corrected, including but not limited to paying reasonable costs of: correcting work or materials determined by the Rehabilitation Program to be defective. By paying such costs, ` the Rehabilitation Program will assume the role of the homeowner , as to any legal claim or claims the homeowner may have against the contractor in regard to such defective work and/or materials. I (b) The contractor may be prohibited by the Rehabilitation Program from, contracting any other rehabilitation work under any;r,ehabilitation l program administered by the Rehabilitation Program. , I,6. CONSTRUCTION SPECIALIST (INSPECTOR) - OWNER - CONTRACTOR RELATIONS Construction Specialist's Responsibility and Authority: '. The Construction Specialist shall observe the work on behalf of the City,;and I will provide general assistance during construction insofar as proper'interpreta- 1 ,' tion !of the Minimum Housing Code requirements is affected. -,I I- 20-3 I i f ' Rehabilitation Financing Handbook 4/77 CIWrI'M 22. INCalE , -APPLICANT'S ' 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income of r, the purposes of a rehabilitation grant and/or loan on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considerations related to the type of project area in which the property is Located. 2. TYPE OF APPLICANT. In order to make determinations with respect to eligibility 1 for a rehabilitation grant, and the purposes and amount of a' rehabilitation loan, an applicant is identified as either an owner -occupant of a one -or two -dwelling- unit property, or an investor -owner. For purposes ofdetermining an applicant's ' income, anrapplicant,must be identified additionally, either as a person or other legal entity, as, defined below.. 'rhe "person" a. Person. term mean,; one or more natural persons who either hold legal title to, or occupy under a'land sales contract, a property, to be rehabilitated. b. 'Other Leg aZ Entity? The teen "other legal entity" means any legal entity other than a "person", such as a' partner ship or corporationl.that holds legal title to a property to be rehabilitated. Any "other legal entity" within the meaning' of. this definition' is also an investor -owner. 3. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a , listing of the elements comprising income for purposes o -a rehabilitation 'grant and/or loan. Exclusions from income applicable in special circumstances are stated in paragraph S below. a.Portion of Income Derived from RentaZ Units. If the property will contain a more tan one dwelling unit after rehabilitation, that portion', of an applicant's income that is derived from the property shall be reported on Form CDR -7660, , block C,,line 3, as a net figure determined as follows: (1) Net Income. 'rhe net income from the rental units in the owner -occupied t property to be rehabilitated is the gross rental',income, less expeditures ' allocable to the rental units. These allocable expenditures including payments, Lon ,the basis of an average of: one or more years for mortgage ' or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assess- ments maintenance and repairs, heating and utilities, and other cash expenditures for the property such as advertising vacancies. If the applicant has not owned the property for one or more years, the Rehabilita- tion Financial' Specialist shall estimate the income and expenditures on the available experience. i. (2) Allocation of Expenditt<rea to Rental Unite: The allocation of expenditures to t e rental units may be. esta lis y dividing total monthly expendi- tures for the entire property by the number of units in the property. , 'llie'result is the shared expenditures allocable to the owner -occupied' ' 22-1 �I Rehabilitation Financing Handbook 9/77 ' dwelling units, which when subtracted from the expenditures for the entire property, produces the monthly expenditures allocable to the ren- ' , tal units (i.e., often units are rented with heat and water but under separate electrical meters; in these cases, the heat and water are shared expenses but the electrical cost to the tenants is not part of the building expense). (3) Net Rental Income on Form CDR -7660. The monthly expenditures allocable to the rental units, subtracts from the gross rental income from the ' property, produces the net rental income to be entered on CDR -7660, block C,' :line 3. b. Portion of Income Derivedfrom Roomers. If the property will contain rooming' units, that portion of an applicant's income that is derived from roomers shall be reported on Form CDR -7660, block C, line 3, as a net figure -... ' determined as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be rehabilitated is the gross rental income, less expendi- tures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more years for mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments,I',maintenance and repairs,heating and utilities, and other cash 'expenditures for'the property for one or more years, the, Rehabili- tation Financial Specialist shall estimate the income and expenditures on the available experience. " (2) Allocation of Expenditures to Roomers.' The allocation of expenditures AI ' of the roomer may be esta lis y etermining the percentage of floor space that is used ''exclusively ,by the roomer(s). The allocable expenditures"'shall be reduced by the percentage, of floor, space as 1 ' calculated above. C, . Applicant Who Is a Person. Income of an applicant who is a "person" includes the income o ,the applicant and his family., The applicant's"family includes the applicant and'any other person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. ; If ownership of the property rests in more than one person, the applicant is each owner and family. The applicant's income, therefore, is the sum of the family incomes of all applicants:' M applicant's: income is established on'an annual:basis, at the time of applying for a rehabilitation grant and/or loan, and includes:' (1) The'!applicant's earnings. (2) Spouse's earnings. (3) Other family members living in the hone, if their employment is a definite'' characteristic of family life.' a ' Excluded is the income of'an adult family member', other than the applicant and spouse, who 'does not have an ownership interest in the property, but included are any funds contributed or paid to the �� 22-2 RehabiIiiation Fi.nanrinq llancfbook ' 5/77 family, on a regular basis by an excluded adult family member. (such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally ' or disabled children: (4) Other income regularly received by applicant or his family. ' (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. ' (a); Gross rental income, ,and (b) On the basis of an average or experience for two or more years, ' expenditures for mortgages principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate i' taxes and special assessments, maintenance and repairs, heating , and utilities,ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or, more years, the staff shall estimate the income and expenditures on the available experience. , 4. REPORTING OF APPLICANT'S INCOME. The applicant's income is reported on the application orm submitted by,the applicant, as follows: , a. Rehabilitation Grant. The applicant's income shall be reported on Form CDR -7660, "Total Present Monthly Income of Applicant." b. Rehabilitation Loan. The applicant's income shall be reported on Form CDR -7630. ' (1) Owner=Occupied Property. The applicant's income with respect to'a rehabilitation loan on an owner -occupied property shall be reported on Form CDR -7630, as follows: the''gross rental income from the l property to be rehabilitated`shalllbe included in block 'D,;line 5, "Gross Income from Real Estate"; and the expenditures in block E, Monthly Housing Expense", on lines l through 9, as appropriate.' 4 . 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. t; a. 'Grants. Deduct the following amounts from gross income: ! ', (1) $25 per child per month (child must he living in the home, under 18 years of age, orfull-time student dependent). t (2) Deduct 10% of 'gross income for taxes (persons not retired or disabled), `-i 01l see (3). ' (3) Deduct 25% ofretirement benefits, disability benefits, or Social Security benefits. ' ' 22-3 r ' Re7mbilitation Financing Handbook 5/77 CHAPTER 23. TRUTH IN LENDING RIiQU1RIMEN1'S I.OR RHIABILITATION LOANS ' 1. PURPOSE. This chapter describes ''the Truth in Lending Act and its procedural and disclosure requirements which must be followed in the settlement of City of Iowa City rehabiliation loans. Such requirements are in addition to those stated in Chapter 11 and other parts of this handbook. 2. BACKGROUND.' ' a. The Act: The Truth in Lending Act is Title I of the Consumer Credit Protection Act (Public Law 90-321; title 15, U.S. Code 1601 et seq.), enacted ' by Congress on May 29, 1968. The act requires that borrowers in ':'consumer credit transactions" be vested with certain rights and protections in connection with the transaction and receive_ specified written information from their lenders. The disclosures must be made before credit is extended ' and before the borrower becomes obligated in connection with the transaction; 1.e.,,before execution of a note or mortgage. Among the required dis- closures are: 'J" (1) The amount of credit a borrower will have for his actual use (the AMOUNT FINANCED); and ' (2) The FINANCE CHARGE (consisting primarily of interest but also other, fees an�iarges expressed both as a dollar amount and as an ANNUAL PERCENTAGE RATE. b. 'Three-day Reaeia8ion Provision. In addition, the act enables a borrower, r; within! 3 days,,following the loan transaction, to rescind the transaction, if ". the loan is secured by!a lien on the borrower's residence. 3. TRUTH IN LENDING DISCLOSURE STATEMENT: USE IN REHABILITATION LOAN SETTLEMENTS. Form .CDR- , Trut ,in Lending Disclosure Statement, is to,be use at loan ' settlement in meeting the requirements of the Truth in Lending Act. I, a. Alaeabilit A completed Disclosure Statement shall be given to all borrowers , o re ihtation loans. b. Time of Furnishing Diaclosure'Statement to Borrower. The Disclosure Statement '.' shall be, given t e borrower,at loan settlement but -prior to the time he executes the mortgage and promissory note obligating his repayment of the loan. C. Recei ted 'Co o Disclosure Statement Retained b Financial S ecialist. When the?Disclosure Statement is given to a orrower, e s all a requested to sign and date an identically completed Disclosure Statement in the presence a of an employee or other authorized representative of the City who shall also sign as witness. The signed and witnessed copy of the Disclosure Statement shall be retained by the'City;in the loam application file. r.'s j ,r 23-I (1 I ill Rehabilitation Financing Handbook 5/77 S. BORROWER'S 'SECURED RIGHT OF RESCISSION: LOANS. Under the law, certain borrowers have the right, within a 3 -day period, to rescind the entire loan transaction. This right of rescission applies to rehabilitation loans, secured by mortgage or deed of trust, on residential property owned and occupied by a horrower ' who is a natural person. 6. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by the pre- re-cedingparagraph ceding—paragraphS, to rescind the loan transaction shall receive a properly completed Notice of; Opportunity to Rescind Transaction in, the format which appears in Appendix 2. ' a.'Furiziehi Notice to.Borrower 'at Loma Settlement. The Financial Specialist' shall give the borrower two copies of,the 'notice at loan settlement, and prior to his execution o mo> rtgage and note. The notice's nature and purpose' sliall be explained. One additional, or third copy of the notice shall be signed by the borrower so as to evidence zM s receipt of two copies of the notice. The receipted copy shall be retained by the City in its loan application file. - b. Format of Notice.' The City shall, on its own letterhead, reproduce the notice, both front and back, as it is shown in Appendix 2. The text ',shall consist of the 'same 'language, 'with iblanks completed, so as: to show the application number, loan settlement date, deadline for rescission (three business days following loan settlement date). The paragraph entitled, ' "Effect of Rescission" shall appear on the reverse of the notice. The size of the text on both sides of the notice shall be not less than 12 -point bold-faced type ' C. Three -da ''Rescission Period. To compute the running of the 3 -day rescission I period for entry on,the notice,,.treat the date of loan settlement on which c the borrower receives the, notice as Day Zero and the', next business day there- after as°Day 1, etc. Three business days must elapse following loan settlement date to complete the rescission —period. ',A business day is any calendar day i except Sunday and the following holidays on the dates established by Federal j law: New Years Day, Washington's Birthday, Memorial Day, Independence Day, ' Labor Day; Columbus Day, Veterans Day, Thanksgiving„'and Christmas. ' (1) No Disbursements. iThe Financial Specialist shall make no disbursement from the fe rehabilitation escrow account, with respect to the borrower, during the ;3 -day rescission period. In this regard, the mortgage payoff check in connection with any, refinancing (referred to, in Chapter ll) shall be dated as the day next following the 'last,day,of the rescission period, with the amount of the check reflecting accred interest and other charges.accordingly. The check shall neither be released by the 1 Financial Specialist nor endorsed by the borrower before such date. (2) Prompt Recordation. In every case, the Financial Specialist shall re- ' cord promptly, after loan settlement, the mortgage, deed of trust, and all instruments necessary to perfect the loan security without waiting for expiration of the 3 day rescissiod period. t ' 23-2 1 Rehabilitation Financing Handbook' 15177 7. CANCELLATION OF LOAN TRANSACTION BY BORROWER. The loan transaction shall be considered canceled if theborrower's notice to that effect is given within 1 the required period. ,Notification by mail shall be considered given at the time mailed as indicated by the postmark;notification by telegram shall be considered given at the time filed for transmission; and notification by any other writing 1 shall be considered given at the time delivered to the Civic Center. '8. ACCOMPLISHMENT OF RESCISSION. It is expected in most cases that the borrower's rescission will be accomplished by his mailing, or delivery of the notice, 1 bearing his signature and date under the cancellation recital. However, rescission may be accomplished'' by any written communication signed by the borrower or a'telegram sent by the borrower.) Oral communications cannot accomplish 1 rescission, but they should be followed up by the Financial Specialist to obtain written rescission. 1 9. PUBLIC BODY'S ACTION ON RECEIPT OF WRITTEN' REQUEST FOR RESCISSION. Upon the Financial Specialist's receipt:of any timely, written communication signed by the borrower; or of a'telegram',sent by the borrower, the,Financial Specialist shall follow procedures for cancellation set forth in, Chapter 10.' In lieu of the, borrower's signature in block F of Form CDR -7630C, Cancellation of Rehabili- tation Loan for Residential Property, the Financial Specialist shall type in block F the following: 1 "Borrower's signature on appropriate Notice: of Rescission, as required under Truth in Lending Act" a. Refund of.Application Fee'Within Ten-day Deadline Period. The law requires 1 that —it in 10 ays o receipt yTi t e F -financial Specialist of an appropriate 'written notice of rescission, the application fee': shall be returned to the 1 applicant and action to effect termination of any lien created by a mortgage or deed of trust shall be completed. (See Chapter 17) (1) Refund Check. The Financial Specialist shall make the refund by'check'i 1 drawn on the rehabilitation escrow account. ' (2) Release of Liens on Rescission. (Appropriate release of lien shall U P Ie obtained by the Financial Specialist submitting to the City Attorney s 1 office a;completed Form CDR -7630C.' 1 b. 'Scope of Rescission Procedure. The foregoing rescission procedures apply only to rescissions requested by tlielborrower, within the 3 -day rescission period,, as described in this chapter, and not to other cancellations as described in Chapter 10. ,10. SUBMISSION OF COMPLIANCE STATEMENT AT POST SETTLEMENT. The Financial Specialist shall submit a complet Form .CDR- Certification as to Compliance with 1 . Truth in Lending Act with the other documents required to be transmitted to the applicant at post settlement in Chapter 11. 1 23-3 I' 1 �i i i I �I �; a �1 I 1 1� �.i I I, 1� I J I I t I I 1 1 Y l 11 P i t j I I I 1 I II I 1 I I, 1 I I i i' la I t I I Y 1 i w I y I 1 ^j I HER--. OUS[Nv '.� y`��\�.. 1 °� ✓s t� �` 1^'t qS 4 \ I;' :� � `1 !.r �.. ! /':✓,{ 'i� •a /t/� wyw• y P: 1 e R I qjt sr. �IKE FI -NA N C I N ^ t ?Y✓ ^j I HER--. OUS[Nv '.� y`��\�.. 1 °� ✓s t� �` 1^'t qS 4 \ I;' :� � `1 !.r �.. ! /':✓,{ 'i� •a /t/� wyw• y P: 1 e R I qjt sr. �IKE FI -NA N C I N ^ t 4177 I II ,i t` r' 1 I 1 r I I;. ' REHABILITATION FINANCING HANDBOOK DEPARTMENP OF CGMU M DEVELOPMENT CITY OF IOWA CITY, IOWA -� I r I': •r � , ( ' I ICY r I: R I I I till r',+ r it I 1 I I (I I 1 ilt ::.1 I I 55 I Jul I I I I I I li. i .2 a Rehabilitation Financing Handbook 4/77 TABLE 01' CON11-NES IJt;1. GENERAL. 'I!R 2. PROJI?CT FINANCING AND ELIGIBLE' 11ROII-1CI' COSTS 'ER '3. ELIGIBILITY, REQUIREMENTS ER•4. ASSURANCE THAT REHABILITATION WILL BP. COMPLETED ER 51.' COSTS INCLUDABLE IN REHABILITATION GRANT AM LOAN ` Section L. Costs Includable in a Rehabilitation Grant Section 2. Costs Includable in a' Rehabilitation Loan ER 6'. LBIITATION ON^AMOUNT ,OF GRANT E%7 LIMITATIONS ON;AMOUNT OF LOAN Section 1.,`;Forgivabie Loan Section 2'-; No Interest Loan Section 3. Reserved. Appendix1. Promissory Note Forgivable Loanl ,RESERVED. :PROCESSING AND SUBMISSIONS FOR RF:1ABJUTAT'TON GRANT Appendix 2.'Guide :Form of Letter to Applicant,Canceling Rehabilitation Grant ERr:10.. PROCESSING AND, SUBMISSIONS FOR A REHABILITATION LOAN ERtll , `, `LOAN�SETTLIIvtEPIf i '' , CR 12' dt LOAN CLOSEOUT ER 13 ,-TERMS..AND CONDITIONS UNDER WHICH REHABILITATION GRANTS AND LOANS:,, MADE' � E014 + 'i` (FUNDING OF INDIVIDUAL REHABILITATION GRANTS AND LOANS AND MANAGEMENT .OF REHABILITATION ESCROW ACCOUNT .i' :2.15 PROPERTY APPRAISAL Rv16 NUMBERING GRANT AND LOAN' APPLICATIONS R17. :'APPLICATION FEES"' R,'iA. DETERMININGWORKTO BE -DONE 1VIT11I2EIIABILITATION GRANT AND LOAN �.CONIRALTMG FOR, REHABILITATION WORK .t 1R"20: 'INSPECTION'OF'REHABILITATION WORK i :R_21 RESERVM- _ R22 APPLICANT'S INCOME, r +. :R',23�TRUTTi IN LENDING' RECEIVED i d, APPROVED,:.;! h t BY'TfE LEGAL DEPARTMENT ii. / _ I Rehabilitation Financing Handbook 9/77 j. 'Rehabilitation Cost. The total cost of repairs and improvements and other costs for rehabilitation to be incurred by the applicant that are includable in a rehabilitation grant and/or loan whether or not financed in part with funds from other sources (see Chapter 5). k. Rehabilitation Financial SeciaZiat. M employee of the City's Department o Housing anInspections ervices charged with the duties of administrating the Yinancial aspects 'of 7ehabiiitation;-including interviewing,; eligibility determination testing, verification, loam or grant application processing, loan closing, escrow management, and final disposition accounting. ,1 , 1Rehabilitation Review Board. An administrative board comprised of the 'Director o the Department of Housing and Inspection Services, the Rehabili- tation Finance Specialist,;' the Rehabilitation Supervisor,,, and a member of r: the City's legal -staff all': of whose function shall be: to review and approve or. disapprove applications.:for City loans' according' to the procedures as set forthherein. ''14 Other board members will be allowed as appropriate. m Rehabilitation Standards n Conoentrated'Rehabilitation Area. Requirements!of the Minimum Housing Stan r s: pter 9.30 0 e Municipal .Code and any property rehabilitation requirements,'established'in an Urban Renewal7TTan adopted by the City of ',Iowa City which i applicable,to the properties to remain in the project area I I }{i4 I 1�1 yrs c I qF t I I p I I sI dy lltf s'rlif i, i ji fist/ f:' i I' is i II '1� s tr I I iit s ,fll iy:y, I� r !I. eta.1-Z . it I I RESOLUTION NO. RESOLUTION AUTHORIZING TIS CITY OF IOW4 CITY, IO["W, TO PURSUE A HOUSING REHABILITATION PROGRAM. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iaoa (1975), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the develop- mynt or spread of urban blight and to encourage urban rehabilitation, and y WHEREAS, the City Council has budgeted two years of Coimumity Developrtent Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves grants, forgiveable loans, and G low-interest loans as rrethods of financing urban rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOI�% CM, IOM, that the City Council has approved the above, program and methods of financing and authorizes its impluentation as outlined in the Rehabilitation Financing Handbook, including amendments. It was moved by and seconded, by that the Resolution as read be adopted, and upon roll'call there were: AYES: NAYS- ABSENT Balmer deProsse Foster " Neuhauser Perret Selzer — Vevera Passed and approved this day of :1977. >y i r Mayor ATTEST:' City Clerk RECEIVED &'APPROVED BY THE LEGAL DEPARTMENT. ,i 6 ' Rehabilitation Financing Handbook 1 1 4177 'I b. 'other Coats Related to Grants and Loans. With the exception of '!those costs set forth in paragraph 3: a. above, there are no other costs related to the z processing of a rehabilitation grant application that may be included in charges arising from the processing of al rehabilitation loan and/or grant application that may be eligible project costs. Such costsaredescribed in paragraph 3i b', 1 below. ' Loans on'Residential`Pro ert The City may pay for, and advance from project funds, t e costs or credit reports, appraisals, abstracting, and processing fees.-- Said advances shall be paid back to the City from the loan proceeds at the time of loan closing. Advancing Funds forllneZudable Costs. As necessary, the City, w sEll advance project funE to--pay—Tor processing fees for loans and charges for title reports and recordation fees: y ' 1 Reimbursement to the�Cit or Advanced Coste_. At loanclosing, e City s}i 11 ream' burse itsel ran t etrehabilitation loan escrow account the project funds which were advanced (see Chapter 5, "I ,Section 2). Funds to cover the reimbursement are'on deposit in y the -rehabilitation escrow account by inclusion in the loan amount! or by collection from the applicant. ,:ryr 2 When Advanced Costs Become Eligible Pro'ect Costa. With the exception of tees,collected in advance from the s ,application ' y applicant, and'to the extent that they have been incurred 'I the " < „ types of advanced costs noted above become eligible project costs '> whenever a loan application is disapproved, or the loan is'with- a°,'i ut' drawn or canceled, as provided for in Chapter 10,1'paragraph 6it J a i.a ,, a 3� Yet; I , I p"�o"W, r a It I' I I I?I 2_2' I 6 b t !I 16, Y t If I I >'aV �' ♦aji: II + i III � I I 1 I II i I I i ,� I 'Y,Yr,(F nuiviiiNar.ri .. n, �9 ,<e; , .. , . �("a I I I I •..{}. Rehabilitation Financing handbook 4/77 • CIIAIY ILR 3. ELIGIBIL11Y RI!QUIRIMI:NFS i 1. ,GENERAL. This chapter sets forth eligibility_ requirements as to the property, ET tfe applicant for a rehabilitation grant and/or loan. A rehabilitation grant and/or loan may be made,only',with respect to a property located within: the concentrated rehabilitation area(s) as approved by the City Council. The property must need rehabilitation to meet the Rehabilitation Standards.Neither an indiiridual'family nor a-structure may participate more than once. 2. REQUIREMENTS APPLICABLE TO APPLICANT FOR A GRANT. To be eligible for a rehabili- tation grant, the applicant must be;an individual or family who owns and occupies a, one- or two dwelling unit residential property, or is a purchaser-occupant of such a property under a'land sales contract. 3 ..-REQUIREMENTS' APPLICABLETOEVERY LOAN.' In order to be eligible for a rehabilita ion low';` the ,applicant-must<evi ence adequate, capacity to repay the loan. A rehabilitation loan cannot be approved if the applicant's record 'shows ;a disr6- garda for former obligations', or if there is a clear inability to make the payment •.that will be required; In;addition; depending; upon the type of applicant and property, involved, the requirements as described below, also apply. 4 REQUIREMENTS APPLICABLE TO LOAN FOR RESIDENTIAL PROPERTY. An applicant for a re alit aeon loan on residential property must e-Ne—owner, of the property, An ,applicant fora 'rehabilitation loan who may. be eligible for a rehabilitation grant as shall lie advised and listed in applying for a rehabilitation grant, as well as fora rehabilitation loan, if needed-to supplement the grant funds. u 5 ,LAND`. SALES OONTRACT. ,;The term "land sales contract" refers to,any transaction, ;1 regardlessro, t e;nomenclatur6:by'which it is known,,in`which the purchaser }' ocaipant;obtains fee: -title oply'if'he,completes 'a series of installment, payments r. over:'a'term of yearThe form of a land sales contract may vary according to the circumstances of each sale:• F: ita Re uirements.•::In order for a purchaser under a land sales contract-;to a eligible for a rehabilitation grant to cover rehabilitation �y sts; a11'6f zthb; following minimum requirements must be�met. r� �: "` •[ 1;(l) .The 'contract shall be'a written, legally binding, instrument involving v, property that after rehabilitation will be all residential in character (2) The seller of the property must hold fee title to the property'and while the contractus in good, standing, must be unable to use the property for collateral or to,convey 'the property to any other 'party, unless,such use ,for collateraY or conveyance of fee is subject to the land sales ,'contract. The' for egoing•provisions, however, shall not affect the right of seller to mortgage`,the,property as, long as the amount of such mortgage does'not exceed the amount of the seller's equity in said property and as long „ as'the monthly mortgage payments and interest rate are no greater in amount than the, contract payments. n 3-1 �i Rehabilitation Financing Handbook ` 9/77 CHA171'ER 4. 'ASSMANCE' 11M PTIMILITNI-ION WILL BE CD111L713) I' 1. GENERAL. In some instances the rehabilitation cost may exceed the amount of reia ilitation grant and/or rehabilitation loan. In such cases', rehabilitation I grant/or rehabilitation loan will not be made unless the applicant can provide whatever additional amount is' needed to assure completion of the work so that the; property wiil.,meet at least Rehabilitation Standards. If the rehabilitation. grant and/or ,rehabilitation loan will not be sufficient to pay; for the 'rehabili- I tation cost.to meet at least the Code,,the Rehabilitation Finance Specialist shall not approve the rehabilitation grant and/or rehabilitation loan unless theapplicant can furnish supplementary funds sufficient to complete the work. ,!2. GRANTS AND LOANS ON RESIDENTIAL PROPERTY. If the applicant for rehabilitation grant or re ilitation loanon residential property is obtaining a supple I, mental loan,:neither',the rehabilitation grant application nor the City rehabilita- tion loan application shall be approved until the Rehabilitation Finance Specialist has secured evidence that the applicant has obtained an adequate and satisfactory.,'supplemental loan commitment. When the loan will be obtained from a:reco gnized'lending institution, evidence furnished by the Rehabilitation FinanceSpecialist'shall.consist of a signed,' bona fide written commitment,to make I the',loan; fcr the purpose of the rehabilitation work. The loan shall be I ° in an amount which, when added to the; rehabilitation grant and/or rehabilitation loan and,anv'other funds the applicant will furnish, will be sufficient for completing the required rehabilitation work. When the applicant is furnishing I supplementary funds from sources other than a recognized lending; institution, evidence that actual>funds are available shall(consist'of verification and FinanceSpecialist.that the, applicant can ehabilitation escrow account'(see Chapter 14) Rehabilitation Financing Handbook 4177 CIIAIYI'I:R 5. COSI' INCLWABLI: IN RIMBILI'1'A'I10N GRANT'S AND LOANS SL'CHON 1. COSI'S INCLWABU IN IMIABIL1TATI0N GRANf 1. ,GENERAL. A rehabilitation grant may be made only to cover the cost of rehabili- tation necessaryto make an owner -occupied one- or two dwelling unit residential ' property, conform to. standards for safe, decent and sanitary, housing as specifically required by, the Rehabilitation Standards, and'other'costs as provided'.in this section. As ''a result of the rehabilitation work financed, in whole or in part by, a. rehabilitation grant, the property must, at a minimum, conform' to the Rehabili tation Standards. Rehabilitation grant funds 'shall 'be used to achieveeconomical and practical compliance with the Rehabilitation Standards. �!2 INCLUDABLE COSTS. Costs includable in a rehablitation.grant are the costs of: " ,meeting e;;.requirements of the Rehabilitation Standards; correcting incipient :violauons`:(if permitted, see Chapter 6); and building.permits and related fees as:"described, below: a Re"uiut r Code. Mien necessary to meet a specific requirement of the Re a ilita aion Standards, a rehabilitation grant may be used; to the extent necessary forNj: (1) Tlie'Irehabilitaiion or removal ofelements of the dwelling structure, "1 :inc luding''basic equipment, and of other, improvements tol'the property such'as-garages;:. fence s,:,steps,.walkways; and; driveways; The term I Rehabilitation Financing Handbook 4/77 exists) if, at the time of inspection, it is thought that the physical condition of an element in the structure will deteriorate into an actual violation in the near future (such as within a year or two). (1) Examples of Different Types of Incipient Violations. (a), A furnace may be expected soon to become inoperative or hazardous because -of its'age, condition or use. A rehabilitation grant may provi&..for the replacement of the entire furnace., (b)', A roof has one or more small leaks that can be patched at low cost;'; but the roof probably will continue to develop leaks.A rehabilitation'grant,could provide for replacing the entire roof. (2) Re ortin Requirements. The property inspection report ,should identify the -incipient -violations to establish the basis for providing for corrective.work in the grant. For enforcement purposes, it is necessary for actual -violations to be identified and listed separately from incipient -violations. However, the amount of rehabilitation grant y n to be made may cover both actual and incipient violations. '.(3) Limits on Incipient Violation Correction. Property owners eligible for th e re a ilitation;grant may receive a itional monies for incipient violation correction not in 'excess of 25% of `the est imated'(and',verified) cost,'of, correcting active Rehabilitation Standards, energy conservation and'.fire,protection devices l: -(Le., if a structure required $4,000 to correct active'Rehabilitation Standards violations, energy a, j+ conservation:measures and f1. 1ire protection devices and,if the owner qualified:for the grant, not more than 250 or $1,000 could be granted for'incipient correction). e.Remo vab of Architectural Barriers. A rehabilitation grant may be utilized aomodi. y,, alter.. or replace, components of astructure that in their present •; state oIrI:by their absencelimpede, physic ally limited occupants from enjoying +r` the"full':!benefits('of comfort and livability, normally experienced by non-" handicapped dwellers. ,The"!construction contract ,shall specify as applicable, Yramps; wider doorways, lower plumbing fixtures or light controlling switches, installation of secondary toilet rooms and/or laundry facilities and other items specific to:a given'' structure and its occupancy. The Rehabilitation .''staff should `exercise prudent judgement in selecting construction options „to, rovide ready access at'moderate cost. f. iBuild-!'Permits and Related Fees.. A rehabilitation.grant may provide funds to cover- a cost1.o uiling permits and'irelated,fees that are required to car']y-out the;proposed'rehabilitation'work. However, since the construction contract'documenis will require the contractor to pay for them, this cost ordinarily"would ,be included in'the contract amount=(see Chapter 19):', ' 5-2 Ali j, ' p � r Rehabilitation Financing Handbook 4177 3. : COSTS NOT INCLUDABLE.Except as otherwise provided in this section, a rehabilita- tion grant shall not(provide'for: { 1 I i tF�I'ua t°lMs.i � r L'�l I, ,lig'• ,I I I � ',! I ��I A N' f L I ;s n a I i 5-3 I 1 { 1 I i I'I '' i1'i y I ;s I i 5-3 I 1 os.I I , i !•Jj owner may�wish to per fol of the:: cost of!',cor'recting Code,, and xuction,Specialist ehall'prepare-a work' under paragraph',5,',to docwnent.,,the 1 Rehabilitation Financing Handbook 4/77 Nnnities: In the event the Corgi.valle loan recipient(s) fail to pay, the principal, or a portion thereof,,whcn duc, the whole principal amount of the lien shall become due and payable at the option of the lien holder without «notice. I,'1'he forgivable'. loan recipient(s) in case of suit thereon,; agrees to l pay attorney's fees. b. 'Applicants Wyears of age or older or who are disabled: pl (1) The `lien provision of 4a above shall not applyandthe grant shall be given in place of lien or: repayment; obligation:' I,( 1' , I 1 1. u I' 1 N ,I I [III r,y I `'1 11I j r , 1 1 i � I it II. I I j I 1 IFI f 6-3 1 i 7i Rehabilitation Financing Handbook 4/77 CI W''1'IiR 7. '' LIMITATIONS ON MIOJNT OF 110: LOAN Sli(:1'ION 1. FORGIVABLE LOAN 1. GENERAL. This section sets forth theeligibility in regards to the property and ' ti applicant for alhousing rehabilitation forgivable loan. Forgivable Loans are available only in conjunction with a Rehabilitation Grant f. to the elderly and handicapped. ,The property must be in need of repairs which are necessary to'meet Rehabilitation Standards, in excess of the maximum Basic " Granf amount of $5000. e'2:ELIGIBILITY. To be considered for a Rehabilitation Forgivable Loan, Ithe ;applicant ,mus t a incompliance with the following criteria: a � Be the owner-occupant of a'single family dwelling unit structure which is in the Rehabilitation are a'designated by,the 'City Council who is: " (1)-'60years of age or older; or (2) receiving Social Security Disability benefits. eligible for the Rehabilitation grant determined on the basis of income acid a ssetlimitations. (see Chapter 5) c The homestead nwst require more than'the $5,000 grant ceiling to meet minum�m';rehabilitation standards.. i. it 3..;ASSURANCE THAT�REHABILITATION WILL 'BE°COMPLETED. ',41 iii i , ;i ' ,� � � "' � � `-.• ' a n some instances'the rehabilitation cost may exceed the amount of,a forgivable !' Goan and;' rant :In such cases a rehabilitation grant and forgivable loan g is will not.be made unless the applicant can provide whatever additional amount d!x,� is neededto assure completion of:the work so that the property will meet at.least the Rehabilitation Standards. , ,r •' , ,' � Vii; If the applicant for a forgivable loanon residential' property is obtaining a supplemental loan, the rehabilitation grant and loan application shall not be u t approved until the,staff;has secured evidence that the applicant has obtained ; I?an'ade uate and'satisfacto su lementaI loan commitment. q r pp 4: 'LIMITATIONS ON AMOUNT OF FORGIVABLE LOAN. The amount of -a forgivable loan that an =' applicantimay, receive ll e'limited by the following: "sig a ;,The difference between the actual (and approved) construction costs minus the $5,000 rehabilitation grant. b. ' $5,000. 7-1 Ii , 5. Rehabilitation Financing Handbook 4/77. I TERMS AND CONDITIONS. al. p6rgivab16 loans shall be secured by a lien against the property. b. -'Amortization. (I) If the rehabilitated',property is sold or transfers ownership prior to the first year anniversary ofthe loan, 100% of'!the loan principal shall' be called due. (2) If the rehabilitatedlpropertyis sold or transfers ownership prior to the:second year anniversary of the loan, 50% of: the loan principal amount shall,be called due. The remaining 50% is forgiven. (3). If,the rehabilitated property, is sold or transfers ownership prior to th'e third year anniversary,. 25% of the loanlprincipal amount shall be called due. The remaining 75% is forgiven. (4) 'My sale or transfer after the third year anniversary would mean that 100%;',the loanprincipal amount would be forgiven. C penalties'.'In the event the forgivable loan recipient(s) fail to pay,- the principal; .ora portion'thereof, when due,. the whole principal amountof the ;lien shall become due and; payable at the option of the lien holder without notice .';The forgivable'loan recipient (s),in case of''suit thereon, agrees to pay attorney's fees. j I I I � f I I I I I I I I� I, 7-2 �I I, I" I Rehabilitation Financing Handbook 4/77 JM' 01� TI U7 LOAN r LOAN ON RESIDENTIAL PROPERTY. The maximum loan on residential;; e t e,lowest amount' etennined'using the following three` rdless'of whether the loan is secured or unsecured. approved construction costs. r dwelling unit. nhich when added to any outstanding indebtedness related to the :reates:a total outstanding indebtedness which does not exceed: >ercentof the 'sum of asis value of the property and imatedrehabilitation costs up to and including $25,000 iercent'-of the next $10,000, and 80 percent of any balance :he sum that exceeds $35;000. CBZLZTYJ To be considered for a REHAB I Loan, the,.applicant must following criteria: 317 r occupant of an -all residential, structure containing not wo (2);dwelling!units and 'located within the':Rehabilitation Area lesignated,for service'by the City Council. ,k 1=''ddjusted gross income"(see Chapter 22) not in excess of the 000 for a L person household _ 375' for', a 2' person household 75O.for:a 3 person household 250 fora 4,person household 125 fora 5 person household 000 fora 6 person household 875 fora 7,person household 875 for'an 8+ person household assets which do not exceed those shown on the following table which is based on family, size and income, ,'and apply except when 4 is: handicapped ''OT elderly. E' sion of Assets:' whenan applicant has assets which are ini of' the maximum';liquid asset level, the,excess,amount may be d by, applying chem toward the actual cost of the `rehabilita- f'the;property., The.excess assets must be escrowed to the; �f Iowa:City to;pay,for 'the rehabilitation. 7-4 , , 2 FJfwlN ' IO., 12 Fl to Bou S.Nv to 10,000 J 15,000 SO,D141 10,00 'SO.WO -O.ON 10.000 MIND 3,499.99 S,SPO to 1,300 1 S. OW 2D.OH 20,000 20.00 10,00 1010001 :0,000 3.909.99 6,001. 9,0" 14,250 10,000 20,000- 20.00 :0,00 /0, DO 1, /0.000 6,499.99 6,300 le 8.500 1],300. 19,00 10,00` '10,000 20,00 10,000'1 10,0(-0 6.909.09 2,00 t9 8,000 12,350 18,00 20,00D '2D,000 10,000 20,001 20,000 2,499.99 ?2,500 to ,].500. 11,00 12,00 19,000 10,000 :0,000 20,000, .240011 999.99 8, 000 P 2.00D'. 11,250 .16,00 .'18,000 19,00 20,00 20,000 10,000 0.499,90 8,5"to 16.500 10,50 ls,00 17.000 13.000 16,000 19,00 20,00 20,00 .,3.999.99 L'I )9,000 to 6,000, 9.250 14.000 16,00 12100 18,00 19,000 20.00 9,499.99 ,.9,30 to $.W0' '9,000 13,00 IS,000 16,00. 11,000 111000 191000 ;9.999.99 ,.. 10,000 to s,0o0 8,250 12,00 14,000'. 15,00 16,000 12,000 1s.00 10.499.09 10,s" 16 42,500 11,000 13.000 14,000 14,000. 15,000 16,000, 12.00 10,909.99 X11,0016 -0,t0 10,00 12.000` 13,00 14,000 15,000, 16.00 13,49!.99 11000 w - 10,000 Il,00O: I2,p00 0,000 14,000, IS, 000 11,9x9.09 12,00 to 10,00 10,000'' . 11,00 11,00 13, D 14,000 11,499 91 I lis" to .'.�� I. ' 10,00 10,000 10.00' 11,000 11,"DI 11.00' Il, 999.99 13,00 to ]0,00 ID,D" 11,000 ,1],000', 13,499,91 1 13.300 to ' 10,000 10,0" 11,00 14,0" to 10,DDO 10,000 )Ls99, Iv 14,300 to 'L' 10,"0 u,99v 6 ' 13.0" m Iti,"o, 13, N9.ff IS.Sw to 10.00- Is,929.99 �1L. 16,0"" 1 10,00. ,LSH 99 I6s00 t010,00 I 16.9]9.99 X12,00 a 10,000 12,49x. 1 I2.S" m 10,"0 I>.0'l0 99 Rehabilitation Financing Handbook 4/77 ASSURANCE'. THAT REHABIM-ATION WILL, BA' COMPLETED. a ;Rehabilitation costs may exceed the amount of the program's loan and/or grant if the applicant provides assurance that the additional amount needed 'to assure 'completion 'or the work required to meet the Rehabilitation Standards will be borne by the applicant.' b. e If the, applicant obtains a supplemental loan commitment, the staff will se- cure evidence that it is adequate and satisfactory prior to approval of the rehabilitation grant and/or loan.. ABILITY TO REFRY. An; applicant for a R13HAB I Loan shall he considered to have =pan adequate::ability.to repay the loan if after the loan is made, the following tests' can ble meIt: a A'mazrimum,expenditurefor housing expenses shall not exceed 35% of the adjusted; gross income of the household (see' Chapter 22). Housing expenses include I, (1) Principal and interest on mortgage. (2) Principal payments on City of Iowa City rehabilitation loan. (3) Taxes I(4)� Utilities. '� „ (5) Hazard insurance premium. (6) 1,,MAntefiauice, ".1-P 14 t b " A minunum}of $2.00,per,'.person per day must remain available for food,' clothing,'.medical expenses'; etc.; after the,'fixed monthly expenses for the %t4,,Ffollowing„have been deleted'from the adjusted gross income: r ��Fitrr(1) lousing expenses t(see:�5.a. above)- �' s I I'� r (2) "�Autoinobile payments(CDR-6270,, line G-1)'' :(3) Life''insurance load R=62701' line,G-2) I 41L (4)' Notes payable (CUR 6270,Aire' 'G-3) i 4 t gages or _land contract' payments for other real estate (CDR -6270, r (6) hfonthly installment credit accounts (CDR -6270, line G-5)' (7) Life;and health insurance premiums (CDR -6270, line H-2) s 7-6 i I Rehabilitation Financing Handbook 4/77- Q"FER 9. PROCESSING AND SUIMISSIONS POR REIIAEILITATI0N'GRAM 1. 'GENERAL. (This chapter contains an outline of the functions to be performed by the Staff in connection with a rehabilitation grant, and 'sets forth the policies and Procedures to be followed'. by the Staff%in preparing,process,, and approving an i ,application"for a rehabilitation grant, and in canceling an approved rehabilitation pp grant. i ,12. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by ,the Staff,, in, connFct �ion with a rehabilitation grant. As applicable to each of V:�' the listed functions, 'cross -references are given to other chapters that contain the substantive requirements with respect to that function.: Items a., b., c., and d.'are'required; regardless of. the source of funds to be used to finance the cost' `lof'rehabilitation. Items e. through y.;apply ''to a rehabilitation grant supplemented by a;'rehabilitation loan are included in Chapter 10. Functions: Cross -Reference a.,,Interview'and advise applicant on the general rehabilitation..objectives`of-the ;project,.and ahe,purpose'and meaning of the Rehabilitation � 'standards. I b Advise the applicant on the availability4nd ,.benefits `of a rehabilitation grant and other City and private programs and resources. for financing Chapter 18 qA?, c Jnspect the property P ,44Y . Prepare a;work write up, andlcost estimate. of the rehabilitation work needed`to meet the Rehabili n {� .tation' Standards ,', Chapter 18 'ra ! a licant fora Chapter 3 f�,;. e Determine`` eligibility of, the pp P ��< , }j' J1' rehabilitation grant Paj' ;Evidence that ownership of the property has been verified and'=shall be'retained in the i""r. ,A, ,property; files This shall include the s'15 citation frau theland records or other Y' official'record;from'which',the verification was made If:applicant isioccupant-purchaser under a land 1 F • ! f , sales '6 tract 'obtain a dodmientation to support eligibility. Chapter 3 ti 9-1 1_I I i I Rehabilitation Financing Handbook 4/77 Functions Cross -Reference f. Verify applicant's income, housing expense and assets. Chapter 6 g. 'Determine that work items in work write-ups conform to purposes for which rehabilitation grant can be used. Chapter 5 h. Establish amount of grant applicant may receive,' Chapter 6 i. Be assured that as a result of the, rehabilitation grant,•the property will be rehabilitated at a minimum to meet the Rehabilitationsstandards. If thea licant is eli ible for and needs_a " J PP 8 for,.and loan, assist him in filing the application. Chapter 10 k ;Advise the applicant of the conditions under which a rehabilitation grant is made. Chapter 13 J. construction contract docuaents and .Prepare +i tain contractor's proposals for rehabilitation a., work andreviewproposals received., Chapter 19 Prepare Form CDR 7660; Rehabilitation Grant; (original ;and! 1 copy). and-.obtain,applicant's j signature 4 t�@'� r�k.y �h, Ix.n Approve Form CDR 7660, if all requirements are met. '� o Assign application number and enter,, on approved rig t�7' 'Form CDR and,' all related'documents. Chapter 16 .7660 p' -Prepare promissary note for loan lien if .,,applicable Obtain legal opinion and recordation. Prepare. contracts and CDR -7660 forsi nature s Bei q P 'g � ), 'obtain`applicant' "s endorsement"" and re nest n �'i,, 4 moniesfor grant in rehabilitation escrow account.i?' Chapter 14 ri r"r Assist applicant in:execution of.construction contract, and deliver,to selected contractor. Chapter 19 s` Assist applicant in issuing proceed order for construction work." " t .,Inspect rehabilitation as it progresses. Chapter 20 9-2 ' Rehabilitation Financing Handbook 4177 Functioiw Cross -Reference r, u. Make final inspection of completed 'rehabilitation work. Chapter 20 v.. :Issue Foam CDR -7645. Chapter 20 , w. "Obtain from contractor guarantee:of work, ` ' manufacturers' and suppliers' warranties, and 9s release of liens from general contractor, sub - 4,1 contractors, and !suppliers prior to final payment for rehabilitation work. i, x Prepare Statement of Disposition of Funds. y Closeout rehabilitation escrow. Chapter 14 }� z.r•Make follow-up inspection. Chapter 20 ` 3 PROCESSING AND APPROVAL OF GRANT APPLICATION. Processing by the Staff of `«^r an;application.for a rehabilitation grant consists of the completion of.the „ functions listed below; items a. through c., assembly in one file of the Form, 1 CDR' -76% and allsupporting documents and the review of'the file to determine rr approval. `a Preparation'of Form. The Rehabilitation Finance Specialist shall prepare and 1 co for thea applicant based; on form CDR -7660_.,( g py) pp , information -,(original., +°P furmshed,by the applicant'and obtained by'the Rehabilitation Finance'Special ,isu from other sources, as'documented in the file. ''Every space provided tan haloril be madeoroundedCto!the nearestbdollar.1t'If no moneysisfinvolved for entry„fora.particular,application,,the ,entry shall be "none". Review and approval by the Rehabilitation Finance Specialist of Form'MR-7660 shall`be form:.completed in this�manner.� :;' If for 4. r b Applicants: Purchasi Under a Land Sale Contract. an application °I are abilitation rant is wit re to an occupant -vendee under a land g sales contract or;similar, g ment, the file shall contain documentation arrangement; to support the requirements in Chapter 3. +� « TMc Approval of Application for Grant. The Rehabilitation Finance Specialist 1 , i „ , S hall approve a Form CDR -2660 by obtaining the applicant's signature in ' �+ ;block I, and by siigning,blocklj, on both the:original and the copy ofr'the form ; If the rehabilitation grant alone is sufficient to rehabilitate the iproperty;''or. if 'the rehabilitation grant is:to be supplemented by funds 1Tro" other than a rehabilitation loan and the Rehabilitation Finance Specialist is' assured'that'the property will'be'rehabilitated to meet the Rehabilitation $tandards',(see Chapter 4),Jthe rehabilitation giant is considered to be approved', 'an the;:Rehabilitation Finance Specialist may notify the applicant,• 1i and proceed withl the remainder of the functions for which it is responsible in order to complete the rehabilitation work. f , 9-3 K k I � 4L I , Rehabilitation Financing Handbook " 4177 (1) If a rehabilitation rant is to be supplemented by a rehabilitation oan,, a grants all_not> a consider apped�rovec anti a tear approval by t e lender of the application for a rehabilitation loan approval shall' consist of a letter of commitment (either, from the City or private sources)., In this case,', the Rehabilitation Finance Specialist shall not advise the applicant concerning, approval of the rehabilitation grant,, nor 'proceed 'with any of the rehabilitation work, until the reservation of loan funds has been received. (2) If the Rehabilitation Finance S ecialist etermines that a Form CDR -7660 a�ro cannot a ved,:a written statement odt e reasons fort e determination ' shall be put in the applicationfile by the Rehabilitation. Finance; Specialist. An application number shall not be assigned by the Rehabilitation Finance; Specialist to a'Form CDR-7660`it'does not approve. d. t.,Ibe Rehabilitation Finance Specialist shall complete CDR -7661 "Promissory Note "for: Rehabilitation Grant" original plus: two .and shall transmit , original plus one'copy to City Attorney's office for opinion., Attorney shall render a'written legal opinion regarding the adequacy of 11 the Pr omissory, note, shall' record same and forward the two copies of his topinion;plus the. copies of'the promissory note to the Rehabilitation Finance Specialist: The Rehabilitation Finance Specialist shall retain one copy of the opinion plus=arcopy-of the promissory note in the applicant's file. :Ibe other copy of the promissory note and the legal opinion shall be forwarded to the grantee. e Required- gions. 'For:an,.application for a rehabilitation grant that is not to a supplemented by a rehabilitation loan, the Rehabilitation Finance Specialist promptly shall submit the completed approved c� of Form CDR -7660 t0 llirector4of Housing and Inspection'Services s it�The original of the completed approved Form CDR -7660 shall be, retained !by the Rehabilitation` Finance' Specialist with the supporting documentation in the application, file.� With the, exception of the submission ofForm CDR -7645 to ;the above address'at the time of - the completion of the rehahilitation.work, ,there-are'no other required submissions for a rehabilitation grant that is not supplemented by a rehabilitation loan. Foranapplication for a rehabilitation grant that is,jo be supplemented by a,loan,'the completed _original and'the copy of Form CDR -7660 shall accompany the.Fo:6 CDR -7630, submitted by the Rehabilitation Finance Specialist to the Lender (see,' Chapter,, 10). pP S 4 ;.CRANT-CANCELLATION. Ana roved rehabilitation rant may!; need to be cancelled s.,. ,because,the;applicant has ',requested cancellation or is unwilling or unable to :1 proceed with,; the rehabilitation work, or, for other reasons. 1 9-4 Rehabilitation Financing Handbook 4/77 I a. >Cancellation Letter. To cancel an; approved rehabilitation grant, the Rehabili- Finance 1peciali.sf shall Prepare a letter in accordance with Appendix 1, jion and distribute the letter as follows: (1) Original to`applicant. (2)' One copy to the property applicationfile. (3) •For 'grant only cases,' one copy to: L. Accounting Department City of Iowa City, Iowa b.1 ..Return of Anda. If funds for the 'canceled rehabilitation granthavebeen ':deposited;to the'rehabilitation escrow account,, the Rehabilitation Finance . ,:Specialist shall draw aunt for ':check on that accothe amount originally deposited', payable to thel:source from which the funds were obtained. v:r I ! 1 fl Y l' I V f / a ' I I l E; {, t m { Y l Iihlr,h i 1I 11 'I 1,.- I t I I u I I I I i a I:. J 't I � I '.t I •t I i ll I Y ` 9-5 I. c I, I I I , I I 9i Rehabilitation Financing Handbook 4177 3NDIX 2. GUIDE FOIN OF LEITER TO APPLICANT, CANCELING REHABILITATION GRANT (Date) IJ + .Address and Zi .of A licant r P rr i Re--- Rehabilitation Grant $ Application N mber j,Date of,'Approval. I I I I' ieasdbe:ddvised�-thati,the Rehabilitation Grant identified above has been ed effective this 'date; ;for, the,following;reason(s):i' x I , r I It { I I xvIli Fl ,.�h .0 t✓ 1 KNil. x Sincerely I .' , I �. I I y i I I 9 6 + I Rehabilitation Financing Handbook 4/77 CIIWITR 10. PROCL'SSINC AND SUBMISSIONS FOR A RUTAB LTTATION LOAN 1. 'REHABILITATION LOAN ON RESIDENTIALPROPERTY. The material under this heading is in connection with a_rehabilitation-loan on residential property that by itself or in conjunction,with funds to be,provided by the applicant other than a rehabilitation grant, is sufficient to accomplish the required rehabilitation.' a.'Outline '''of Rehabilitation Staff Functions: Listed below are the functions,' to be; performed by the Rehab il Mation Staff for a rehabilitation loan on a ; residential'property. As applicable to each of ,the listed functions, cross- references are'given to other chapters that contain the substantive requirements "for.that'-function. 'Regardless of the sources of funds to rehabilitate a property';` the Rehabilitation Staff, shall assist the property owner by per? ;forming functions (1) through (7)?listed below: I ,. I Function' Cross -Reference (1)!jnterview,and, advise the property owner „ on,the,general rehabilitation objectives for the ,project area; thejpurposes and meaning of the Housing Enforcement Ordinance." 0 (2) Advise the property owner on the availability and'benefits:of a,rehabilitation loan,', and on other Federal and• rivate ro'rams and resources for financing rehabilitation. r (3) Inspect the property. Chapter 18 J Prepare a work write up and cost estimate i(4)' o£ the.,rehaliilitation''work.' Cha ter 18 P 51" Z4 (5)'� Financial interview by Rehabilitation Finance Speciahsit' 'to determine eligibility of the applicant for a rehabilitation loan. Chapter 3, 7 {6) = lletermtne that itemsl.in the work write-up "conform to purposes for whicN'a rehabilitation " loan'['may.be'.used. Chapter 5 (7) Advise applicant concerning the conditions u • u n der which a rehabilitation loan is made. Chapter 131 (8) Obtain following information with respect I to the applicant for all residential Form CDR -7639 properties. (or equivalent)' (a) ;,Verification of Mortgage or, Deed of Trust from each holdei of lien'secured by the " property- , 10-1 s' 1' 1 j,1 Rehabilitation Financing Handbook 4/77 ! ' ' (b) Credit report from recognized credit bureau:. (c) Verification of employment. Form CDR-7633' (or equivalent) I�I' > (d)- Statement of verification of other `w earnings. a �r ? (e) Verification of deposits. Form CDR-7634' 'M (or equivalent) e (9) Make a prelimirary evaluation 'of ability of ., applicant tolrepay indicated oan amount. ' r (10) final consultation with applicant on preliminary ger 6' work; write-up and cost estimate to reach agreement r` ? on work to be done within applicant's ability to " repay. Chapter 18 (11) Prepare,cent ract specifications. Chapter 18 (12)Request as is. appraisal. ! 13)': Let construction bids, assist applicant in selection of `acceptable contractors) Chapter 19 'W: Ivy°.it .� '�' '.,• ' I � �: (14) Take "before'„ pictures # is (15) Assign CDR loannumber andc set up separate „ itx7 rr file for each case Chapter 16 (16) Deliver caserto Director, or submission f to i, r, "Review: Rehabilitation Board for conditional commitment "Include the; following papers and/or forms As iappraisal Two (2) copies of accepted bid. !"Before".,pictures., F t _ (d) �.Copy.of Code violation letter and cost !' estimate. hlf t ( S I I (17) 14`%flt Order title conmritment or search on property, iflapplicable'. �I Chapter 11 I:: (18) Complete CDR 7630 or CDR-7632. t I t t �I!!S I I 10 2 t i m 1(11''x! I L ! kk��• !lL9 .;'3. 1`I4 + ! I 1 It Rehabilitation Financing Handbook 4/77 19 Determine that through the rehabilitation loan ( ) b the property; will conform to (lousing Enforcement Ordinance requirements. If additional financing is required; assist applicant' in'obiaining,,the needed funds. (2 0)Deliver to Director for submission to Rehabili- •tation Review Board for firm commitment (loan approval). ;Include the following as applicable: (a) CDR -763Q or CDR -7632. (b) 'Credit Report (original). 1 ul.. I.' (c) ',Verification,of Deposits) (original). ' '(d) ,,Verification of employment(s) (original).` I (e) -Verification of Income from Other. Sources`;(original). '(f) Verification(s) of Mortgage or Deed of + Tiiist' (original) ° Co of Deed. (g) PY (h) '.Current:balance sheet, operating statement, ;and/or:most recent copy of tax returns if, „ . 1 applicant self employedit (t)' 'Title Search report :. ,. v`ti,t,q (21);When the firm commitment has been received by the'F�nance,Specialist advise. applicant and loan f the si ni y servictng'�agency and set date orI g ng n it of the final can papers ' ; pp ;Ir (22) Along�with.20(a) through (i), include for the retention'at closing;the.following: I '71 Hazard insurance policy on property. " (b) ."Copy of payment schedule breakdown. (c) ,;Copy of; agreement on REHAB I loan." (d)' Debtor's life insurance policy. A.. p . F � 10-3 , ' I f ' lechabilitation Financing Handbook 4177 Prepare "Request for Loan Account," and hold in:f:ile until date certain. + ' '(25) On date certain, pick up the applicant, or meet at designated loan closing location and assist in getting all necessary papers signed. (a) Have applicants) sign. All copies of construction contract. I, A 2. Proceed order. 3. Promissory nateor'mort a e. CDR -7660, if: REHAB I loan to be 4. n�k supplemented by forgivable loan. (b)Explain'to the borrower the amount of their In payments and when the first ,a }A` �' and all subsequent payments are due. Staff will explain their responsibility in rall security instruments. Iecording I (d) .i Continue abstract and return to the City I. Attorney for final opinion '�:'9 �t 4 tiq°Record promissory' note or mortgage at Courthouse. (e) -'- r borrower's supplemental. funds in escrow account'. h` will be given receipt with xerox copy of. h rfss,, Il,Borrower ' check 1•''f` r' rc>„�'a ' compliance with equal, employment { (26) .Assure a 4 opportunityrequi Thisiis a continuing 19 K7+rtf2 ty until'threments. ”;+° responsibilie,work;is completed. Chapter 13 and Inspect the •rehabilitation work and make AL (27) progress payments, if provided iniconstruction Chapters 14, 19, and 20 contract !}, ." (28) Make final inspection of completed rehabilitation 20 �+ "FI work Chapter Issue Form R 7645, "Certificate of Final Cll (29) Chapter 20 Inspection." . (30) Take "after" pictures. If i (31) Ubtain,from.;contractor guarantee of work, X: 'land suppliers', warranties, and manufacturers 10-4 I Rehabilitation Financing Handbook 4/77 release of liens from the 'general contractor, subcontractors and suppliersprior' to final'pay- ment for rehabilitation work: (32) Request final payment to contractor for completed rehabilitation work. Chapter 14 and 20 (33) Place in the file, the following papers and/or forms: r (a), Copy,oflsigned -promissory note, if applicable. (b)',Copy of',signed and recorded mortgage, if applicable. (c):'Copy lof:firm commitment signed by authorized [; City ,employee. t I (d) !Copy'of°,City's Request for Loan Account, 'CDR -7636. (34) Make follow-up inspection of rehabilitation work'. Chapter 20 b Diaapproyal of'Loan Application. Disapproval by the Rehabilitation Review i+ Boar or, any; loan application constitutes a formal: turn down and the; Rehab'Finance Specialist shall advise the,applicant;accordingly and properly document the ,file ..In,the,case of special 'or extenuating circumstances,__', Rehab Financial, Specialist ' ask the Review Board to re-examine', an ;application along with the;'documentation necessary o support the request fors reconsideration. a., c A Zaeant'Cancela Loan AP In the event the applicant chooses to "cancel a loan application prior to Date Certain, the Financial Specialist f ' `shall re are CDR 7630C'and obtain,the'a licant(s) signature.(s). If ;the P, P PP "'h'•3 _ applicant(s) refuses to'sign,•thelFinance 'Specialist 'shall "document this efusal'>by so indicating on the CDR -7630C by a statement signed by the A'�r5'Financial'Specialist� 'uapl , t„REHABILITATION LOAN SUPPLEMENTED BY A. REHABILITATION GRANT. The material under ” I- this hea ing is in connection with a reha ilitation loan on residential property ,supplemented by, a rehabilitation grant.. a. Outline'o Rehabilitation S4ga f4nction. All of the functions listed under 'r r, paragrap ;.1., items 1) t rougg 36 shall apply under this section.' In 9660 addition�'6ne more"Form, CD- (original plus 1), shall be completed. The !CDR 7660 shall be',retained.in the' applicant's file untillsuch time as;,the loan application is approved by. the Rehabilitation Review Board. Upon loan approval,'.. one signed copy of CDR -7660 shall be given to the grant/loan j ;applicant and one !signed copy 'shall be retained for the case record. ` I I I 10-5 4 1 I I I I I. I_ Rehabilitation Financing Handbook 4/77 Ib. Assurance of Supplemental Financi v�. If approval of the loan and grant is depen Tent upon supplemental i Mn'g, the Financial Specialist shall be assured of the'provision of those <funds ,(see Chapter 4) prior to recommending approval,`of the, loan: C. Disapproval by Rehabilitation Review Board. If the Rehabilitation Review Board disapproves the loan application, the, Financial Specialist shall write on the original copy of CDR -7660 "cancelled" and retain same in the applicant's file.!' d. 'Grant Only to be Approved.If a'grant is to be approved after the disapproval of a'loan request; a new CDR -7660 'shall be prepared and the application shall be:processed in accordance with :Chap ter 9. e. 'AFpli cant Cancels' Loan Crant A Zication. In the event that'the applicant chooses ',to cancel a loan grant application prior to ,the signing, of the final papers, the,Finance'Specialist shall prepare'CDR-7630Ci,and obtain the „ applicant(s) signature(s).`, II_ 3 DOCUMENTATION FOR LOAN ON RESIDENTIAL PROPERTY. This material sets forth required documentation in conjunction with ,an application recommended for',,approval by the'Financial Specialist for a`, rehabilitation loan on 'residential property. The forms ''and other documentation; to be included with the application by the Financial Specialist to, the Rehabilitation Review Board are Ilisted in paragraph 1:.' `.In'structionsiconcerning same. of the 'documents llisted are as ,follows: a Application Form. ri (1) It, rehabilitation -loan -is to be supplemented with a rehabilitation grant, CDR -7660 will also be completed. n' Lacfi,applicant shall be given a copy of Form,CDR-7631. YJ ', b '„;Veri station of Ehiptoymentt ' Include a completed CDR -7633 "Request for Verification of fnployment” for each position held within the last l2 months. a:Verific'ations of.'employm I must be completed on all' persons'whose "sign - F, }„ tures will appear on the promissory note and mortgage. is Verification of Deposit. 'CDR -7634 must be completedlfor each checking and/or savings accountlisted by the applicant(s). Verilicatibn o ! Income rom Other Sources. Verify all other income received y., the;;, applicants ;,,su ,as pensions, social security, ADC,'disabi.lity bene- i,fits, rental s, income from'care of foster children, interest'on investments, 'etc. If ,the principal source of income of the applicant(s);s from his own, business,?includea currently dated balance sheet and operating statement, or.a copy, of his most recent tax return. e.. Verification Mortgage or Deed of Trust. Complete CDR -7639 each out- stan ing;mortgage!or land sales contract on all properties being purchased ,by'the_applicant(s). , 10-617' c. i " Rehabilitation Financing Handbook 4/77 f Credit Data. j (1) ,Obtain a written Credit report from the, Credit Bureau. g. (Construction Contract Doewnent. See Chapter 19. h. Ownership Data. The Rehabilitation Financial Specialist shall make a preliminary, informal determination of ownership. The citation from the land records :or other official records used in the verificationshall be 'retained ein the file. This informal verification shall be followed, at the appropri- .' ate'time by a formal verification' in the form of a` written' title search "and the°continuation of'the abstract. i.,,;IRehabilitation Loan Involvi a Land SaZes Contract.- All land sales contracts must-:be:refinanc .or retired a ore an applicant;, can apply for a Rehab I loan. ' ri I I lu I I I I I I I I d! I I "l `I i I III I I 1S I I I ail � I I 1 I I .I•' I .'.; r I r I c ' I � I I I II i I I„ 1 I I � I I n ' I 10-7 1- I 11 I S Ii Rehabilitation Financing Handbook 4/77 CIIAPITR 11. LOAN SEITLIMI•NI' 1 , 1. This chapter sets forth the staff responsibilities es with respectect to aIowa.City 'yGCEi_NtERAL. rehabilitation loan for: (a) preparing for loan settlement, (b) completing loan settlement; and (c) carrying outpost settlement activities. 1 ' 2. PREPARING FOR LOAN SETTLEMENT. The following actions shall be taken in pre- 1..' parauon or loan settlement; Establishla date certain for loan settlement that allows a minimum of 15 days for processing. `i Ii. Prepare Form CDR -6236 fora loan:encumbrance to be dated the date certain. c After the�loanencumbrance is requested, the Financial Specialist shall promptly take the following actions: JI ` + Prepare a promissory note (original) in'accordance with the form of promissory note approved by the City Attorney's Office.!' (2) If the loan is to be so secured, iprepare a mortgage (original) in 'mortgage accordance with,.the of approved by the City Attorney's Office for use in this Housing Rehabilitation program. (a) For a loan under,$5, 000, recheck the ownership information in the case 'file. (b) ' For'a loan of $5,000 orlmore, arrange for updating the title se ort tol. the"date certain. p (3) Prepare a proceed ''order to be signed by'the-borrower at settlement.; 3t ,, For, a' secured; loan, the executed proceed order shall be;retained:by a r%n .-,• ••the -Finance Specialist"for five working days from the date of signing in order. to:give,the sborrower time to'exercise his rights, of rescission I;ka rY under^ithe Truth in Lending Act.'; (See Chapter 23) (4) ,Instruct the borrower to obtain: (a)iOriginal and memorandum copy of insurance policies for fire and extended coverage;that'provides coverage in accordance with the 1 local coinsurance;clause percentage'of the value of the property, or aninsurance binder or other evidence of insurance. or,certified :. (b)ibriginal copy of receipt for payment of initial or c.. ;currentinsurance premium, whichever.is applicable. 1' + I U.r ;II(5) Make arrangements for loan settlement on the date certain. r I 11-1 i' A1Q • Ali. II r •n , i i '. �$ 4fi 11 4Mvvr4 �� A 6e .. ..." 4. n, l .1 .. 1 , . _ a .. �I ... I " ..1 .. , I +• 11. .».!1' Rehabilitation FinancingHandbook 4177' 3. DELAY IN LOAN SETTLEMENT. Loan settlement shall be effected on the established settlement date, provided that the approved Form CUR -6236 and theloan,check have been received from the Finance Department. 11 for any reason loan settle- 'ment cannot be accomplished on the established date, it shall be accomplished i as'soon thereafter as possible. Such later settlement shall, with the written consent of, the borrower, be effected as of the originally established settlement date: In the absence of that written consent, the loan check must be returned to the Finance Department. .The Finance Specialist shall then set a new settle- - c ment date and shall prepare and submit to the Finance Department a new Form CUR -6236 ;(original and one copy) with the new date certain specified thereon. 4. COMPLETING LOAN!: SETTLEMENT: The Finance Specialist shall proceed with loan settlement, on the date certain as follows: . a. 'Reviewlthe approved Form CDR -6236 with the borrower. If applicable, emphasize that the borrower must- include not only: in his/her first monthly payment, but also in his/her subsequent monthly payments', an amount for accrued escrow expense account items. b''Secure-the borrower's signature'inblock M of each of the three copies of Form CDR-6236,"and.witness the signature.:. c."-!§ecure,�the borrower's signature on the original promissory note.01 d If -applicable, secure the borrowers signature on the original mortgage or deed of trust. is ,.e. If necessary, review wit "the borrower the copy of Form CDR -7631, which was ' previously given'to him before he signed the application form CDR -7630. f Obtain opinion of.;City Attorney (original) concerning the legality and sufficiency of the executed promissory note and, if,:any,'.the',mor,tgage or deed .... of trust.", The City Attorney shallparticipate in any proceedings as ,may be 4 „I necessary, to as the legal validity of the loan` application., ��. ;. g ,Obtain, from the'borrower the required fire and extended coverage insurance policies,and, premium payment receipts. h 'Obtain:from the borrower evidence of current tax and special assessment payments:in;,the',form of:,most „recent receipts, ?' :i. Secure borrowers endorsement on the loan check. ,i ,the i ,Advise the borrower with regard to: �(1) :Name of,the loan servicer to whom monthly payment checks shall be made payable'; where to send the first and subsequent monthly payments, and the obligation to remit the first monthly payment. R even though 'the borrower may not receive a payment notice. (2) to make all monthly payments on the date due to avoid legal „Need action. a , 11-2 Rehabilitation Financing Handbook 4/77 k: If applicable, obtain check from borrower to cover accrued escrow expense account items.(See Chapter14)The check shall be forwarded to loan servicing agent. (See below, paragraph 5c) 1:' Obtain borrower's signature on proceed order and hold until it is evident thattheborrower does not intend to cancel the loan in accordance with the Truth in Lending Act. i 5 'POSTSETTLEMENT. The Finance Specialist shall record all recordable instruments an o tarn evi ence of recordation promptly after completing, loan settlement. ` rhe;Pinance Specialist shall prepare a transmittal letter (original and one ;copy) to,the,local lender under contract, to the City, for loan servicing. Pre- paration and release of the original and copies of the transmittal letter and - accompanying documents shall not be delayed, pending receipt of the recorded instruments and evidence of recordation. sy I N i 'I S 1 , 1 � 1 r I ;1 1 f I li t :H, 1 II,. 1 I I I Y Y.� 1]L.: J� ♦ I 1 , Ilia J O I f 11 1 I 11 `I LJ , 11-3 r ✓. �a: ntlemen: e'following City of Iowa City rehabilitation loans have been settled and are in'g transferred to you for loan servicing in accordance. with the agreement between', e City'of Iowa'City and your lending institution. For each loan listed below, ere are enclosed, as'applicable, checks to cover accrued escrow expense account ems: or the followingloans: e first monthly payment far each loan listed below is due19 the'" d ramount'Iof the first monthly payment and subsequent mon , ly payments or each an isindicated on the: corresponding Form CDR -6236. e following loans are covered by this transmittal: 9i an,N er 'Name of Borrower Amount of Loan Type of Loan Security it ji I I a jl J cFr f 1 N f .1'• t�bhi j11 �Y i Hrhabi.litation Pinanciny Handbook 4/77 awyrEW 13. 1T•.RMS AND CONDITIONS UNllI:R MUCH MiABILITATION GRAM'S AND LOANS ARI: MADr 1. :GENERAL. This chapter sets forth City requirements with respect to terms and conditions.to'which an applicant must agree in ,order to; obtain a rehabilitation grant and/or. loan. 2. ' REHABILITATION GRANT CONDITIONS. The specific terms and conditions with respect to•a rehabilitation grant are: incorporated in Form CDR -7660. 'The applicant shall agree, and by signing Form CDR -7660 does,agree to: a Civzl Ri hts.- Comply with all City requirements with respect to Title VI of e Civil: ights Act of 1964, to not discriminate upon the basis of race, color,.creed, sex, or national origin in sale, lease, rental, use, or ocapancy:;of ,the subject' property. occupancy. b ' 'Cancellation of'Grant. Return of the grant proceeds with no right, interest proceeds; if the grant is canceled before the rehabilitation work :is_"started. c se"'o}'Proceeda. Use of grant proceeds only to pay for costs of services and materials necessary to•carry out the rehabilitation work for which tile grant wili �be� approved. d' Completion or Work: Assure that the rehabilitation work shall be carried out promptly ��iciently, through written, contract let with the prior con- ;�;�'��" '�'.currence of the Gity ',�wAe alneZ ibte Contractors .Not award any contract for, rehabilitation work to be F pai or.p;in whole: or in part with the proceeds of the grant,; to anyfcontractor' Rehabilitation Financing Handbook 4/77 j. !Interest of the'City. Allow no member of the governing body of the City in which the property to be rehabilitated is situated, and no other City official of the locality who exercises any, functions or responsibilities in connection' with the'. administration of, the federally assisted project or program, and no other officer orlemployee 'of the City who exercises such functions or responsibilities; to have any direct interest in the proceeds of this.grant, or in any contract entered into by the applicant for the performance of work financed in whole or in part with, the proceeds of the rehabilitation grant. 3. REHABILITATION LOAN CONDITIONS: The specific terms and conditions with respect to=re a ilitation loan to a residential property are incorporated in Form CDR -7631, ,4, the'mortgage or other security instruments as, applicable, and the promissory note. a. Cancellation Provision. Under paragraph 3 o Form,CDR-7631; concerning the City's rig t to cancel a'loan if within 60 days from theinote's execution the. rehabilitation work has not commenced, the City may extend the 60 -day period by`not more than 30 days, 'due to unforseen and extenuating:circumstances. b i'Additionai Extension. Ahe Rehabilitation.Financial Specialist shall not grant "any ur er extensions of time without prior written concurrence by the .Director,' Department of Housing and', Inspections. If the loan is to'be canceled because'of.failure to. beg in anticipated•rehabiIitation work within the allowed'' „ "period of time the'' Rehabilitation Financial Specialist shall initiate can- cellation;in accordance with the procedures -in Chapter 10. 4 ' INTEREST•RATE. The interest rate to the borrower fora rehabilitation loan shall e at established by -the City,Counci L 'presently no interest is charged. at e �5rlr TERM OF LOAN' a,The maximum, term fora City, rehabilitation loan shall be 15 years: w+iu� or,t—Tree Fourths of the remaining life,' whichever, is less.:`1 6 :POINTS OF AGREEMENT The applicant shall agree, as required by the related 1 " ocuments, to a i e by'the following teens and conditions: Civi.Z with a Rights Comply with all Federal requirements respect to Title VI oC the Civil Rights Act _of'1964, to' 'not discriminate. upon the basis of, race, P :color, creed,', sex;'. or national origin in sale, lease; ren tal, 'use, or:occupancy of the subject property, bi 'Equal Empboyment'Opportunity. Abide by the provisions of Executive Order 11246 f i, concerning t, equal employment opportunity. c Use of Proceeds. Use the loan proceeds,only to pay; for costs of services and materialsrnecessary, to carry out the rehabilitation work for,which the loan will;,be.approved. -' �d Completion'of Work. :.,Assure that the rehabilitation work shall be carried'out ;:promptly, and a 3 efficiently through written contract. i 13-2-'! X I �u h Re ill ab Cation Financing Handbook andboo k 4/77 I e. Ineligible Contractors. Not award any contract for rehabilitation work to be paid foN whole or in part with the proceeds of the loan to any contractor, .who, at the time, is ineligible under the provision of any applicable regulations issued by the Secretary of Labor to receive an award of such contract. f.Inspection. Permit inspection by the City or its designee of the property, the rehabilitation work, andlall contracts, materials, equipment, payrolls„ and conditions of employment pertaining to the work. i g: Records.. Keep such records as may be required by the City with respect to the ree a ilitation work. .'h.-'., Interest of Certain Officials. Not permit any member of or Delegate to the Congress o e United,States, and nq Resident Commissioner, to share in any ;proceeds "`of the loan, or to any benefit to'arise from the same. i "Bonus Co=issson, or Fee. Not nay any bonus, commission, or fee for the purpose;o o taining e City's approval of the loan application, or any other approval, or concurrence required by the City omits designee to complete the „ rehabilitation work, financed in whole or in part with the rehabilitation loan. r, Vl 1 Interest of the City. Allow no member of the governing body of the City who .r exercisesany functions or'responsibi.litios in connection with the administra-tion of the concentrated rehabilitation project, and".no other officer.or ' ;'employee;;"of rile City,who exercises uch functions or responsibilities'to have any direct interest in the proceeds of the rehabilitation loan, F " or �n any;-contract:enteredinto by, applicant for the performance of work " ifinanced,rin whole or in part, with'the proceeds of the rehabilitation loan. I '.. • , dn,Preaeruation of the Security Maintain the property,at the requirements of the „r " '`',Rehabilitation Standards,aevel`an&9permit the City or iiii designe'e'to'inspect'i' ; ;r the property during the term of the; loan. rNazard'Iiisuranee.Maintain hazard insurance on the property with a loss payable " clause to -t a City as applicable. roperti No sell; withot tii'4, m '.•,traiTntire loan,Punless,priortwrittenoconsentfof the'Cityeisysoughtuand: aying j received Loam Security Requirements. Provide security for the loan the form of a a T mortgage, on 1 t e pable'. "r o.(Debtor !s Insurance. Maintain a debtor's,,life insurance policy in the .amount t oflithe mortgage or:lien as applicable. 4j 13-3 Rehabilitation Financing Handbook 4177 CHAPTER 16. NLMBDZING GRAM AND LOAN APPLICATIONs 1. NUMBER TO. HE ASSIGNED EVERY APPLICATION. 'lhe Staff shall assign a number to every application or a rehabilitation,grant.and/or loan, in accordance with the require- menis'of this chapter:' The Stafshall enter the assigned number in the spaces provided,on the applicable Form 'CDR' -7660, Form CDR -7630, and Form CDR -7643 (or equivalent),: on all the other CDR forms and documents related to the rehabilitation grant and/or loan. 2. ONE.NUMBER SEQUENCE PER CALENDAR YEAR. The number system requires that only one sequence o' num ers, eginning'wit "l"', be used in connection with each calendar year. Number shall. be assigned consecutively, from this aequence regardless of whether. the,applications are 'for a rehabilitation grant, =a rehabilitation grant, a' rehabilitation loan`or both; and the!',type of property and loan involved. 3 NUMBERING OF APPLICATIONS. The number assigned by the Staff to every application %relat oc�nnents or a -rehabilitation grant and loan shall,,consist of the -landfollowing, three parts, with each part 'separated by a slash141� (/): a., Calendar Year-Last'Two Digits of Calendar Year 716 etc. b Numbet'assigned consecutively from a single sequence of numbers shall be Ap used for. each year. If the applicant is submitting two applications - a form CDR -.7660 fora rehabilitation grant, and a Form CDR -7630 (or equivalent) for}a rehabilitation loan -. in connectionwith the same owner -occupied, one },n f „ or two dwelling unit property, the same number shall be assigned to both .applications.. I c The category code 'T' "211 "3" or "4", to indicate the category of "iapplication as follows „ . Caiegory'code:"1" -- an application fora rehabilitationjoan only in connection! with ani owner -occupied, residential property containing one „�� ti or•two dwelling unitsE"after ,rehabilitation. T�(2) Category'cod'`,'T' - an application for',a rehabilitation loan in y connection with an inv,'estor owned residential property. i (3); Categorycode "3" -- an application fora rehabilitation grant only. " `"i (4) Category codel"4" - two.applications fromthe same applicant in,, 6 connection with the same owner -occupied' residential property containing one;or two dwelling units after rehabilitation; one application Form CDR=7630 (or'equival'ent) for a rehabilitation forgivable loan and the her: a: Form CDR -7660 ,for a rehabilitation grant. 4EXAMPLE OF APPLICATION NUMBER. The following examples of application numbers, or •illustrative purposes, 76/1/3. 16-1 I I Rehabilitation Financing Handbook 4/77 (1) Reimbursement o an A Zication Fee or an A� roved Loan. The City s all relm urse its at loan closeout See Ciapter,l2 for an;appli cation fec advanced for an'Iapproved loan by transferring the full amount of the ;advanced fee from the rehabilitation escrow account to project funds. (2) "'Reimbursement of an Application Fee for a Disapproved, l' Cance Zed, or Withdrawn Loan. Since the fee is initially advanced from project funds, no reimburse- ment is involved when a loan is disapproved by theRehabLoan,Committee,. canceled, or. withdrawn. It I I I I I I I r I I , � , I� J ,I � •. I I .. i i ♦'I� v I p II I I f y I. INi ail » I j Wnr .. I tv I4 6i tV 1 !': .. I' 17-2 I i I Rehabilitation Financing Handbook 4/77 CHAPTIR 18. DETIMINING WORK TO BE DONE WITH' REl[ABILITATION GIWJI' AND LOAN 1. GENERAL. This section sets forth the responsibilities of the Rehabilitation Construction ;Specialist for determiningthe rehabilitation work necessary to bring a, property into conformance with the Rehabilitation Standards and for providing assistance in the rehabilitation of the property. In`carrying 'out these responsibilities, the Rehabilitation Construction Specialist shall: a. Inspect the property. b.Make a preliminarylwork write-up and cost estimate of the work to be done. c.' Consult with and advise the owner on the work to be done, and the availability' of:a'rehabilitation;grant and/or loan. d. Prepare alfinal work write-up and cost estimate as the basis for a rehabilita tion grant and/or loan and for contracting for the rehabilitation work (when any of'the work is'ito be finance& with a rehabilitation grant and/or ':lo an). 2. :'PROPERTY. INSPECTION.. The Rehabilitation Construction,Specialist shall inspect t e;,property,anT prepare an inspection report that identifies'each deficiency with respect to -the -Code and other deficiencies which may be corrected through , , rehabilitation grant,'or loan funds. I(See Chapter 5) ,, An inspection report pre- 'pared'in this'.mann er yv3. 11 later;serve `the Rehabilitation'Construction;Specialist asl.,the.basis for preparing a work write. -up and cost estimate. r 3' ZNSPECTION".CNECELIST:{ j e City.has developed an inspection checklist for use in ,,' inspecting,eac residential property. ;,In essence, such a: checklist is a listing!'' of`every;item;whichis'"subject (to Code that maybe found''in a, property. /. The use f' ofrsuch a"checklist facilitates the inspection; and also,ihelps provide a'; proper basis'for'the",preparation of the work write-up, cost estimate, and the contract ,'44 tspecifications ;,+a •Checkliat'bq Room. For a residential property, the items in the checklist are c— lassified by room. For example, items applicable to a kitchen or hathroon are listed on sheets under those room classifications. Similarly, a.;separate`sheet with an appropriate listing of items would'be used for each abitable "roan. b ecklist Information. Alongside each item on the checklist, space is provided ,vindicating the;,nature and extent of,the_deficiency.Additional space'is provided on the'checklist,'or in, supplemental sheets, for notes dealing the types 'of materials; extent of repairs or replacement, and other information that may be helpful in later preparing the work write-up and cost estimate. 4:r, WORK WRITE-UP 'AND COSTIESTIMATE A work write up and cost estimate is a statement' prepared by the Rehabilitation Construction Specialist based on the property in spec tion report that itemizes all the rehabilitation work to be'done on the proi and" includes, estimate of the cost of each 'item. The"cost estimate !shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. 1, 18-1 i r, �i'�,� ��. Rehabilitation Financing Handbook 4177 a. Ass tion that Rehabilitation Financi Will Be Used. Since it is generally not practical to predetermine ether or not a property owner will utilize <. a rehabilitation grant and/or;loan in the rehabilitation of his property, the Rehabilitation Construction Specialist shall proceed on the assumption that such financing will be used. For this reason, :it is important that the work write-up be sufficiently detailed to facilitate: (1) Cost estimation. (2) Consultation with the property owner and/or tenant. (3) Preparation of specifications for construction contract documents (see Chapter 19) in conjunction with a, rehabilitation grant and/or loan. b. 'Dual Use of Work Write-Up. In a case where the rehabilitation is relatively' simple or:limited'in scope; the'work write-up can be made sufficiently comprehensive to be usedjater (without the cost estimates), as the,specifi- .cations for the construction contract documents.In such a case, the work write-up shall be prepared as described under paragraph 7. below. c. Itemizing Cost. Each item of work and its estimated cost shall be identified in the work write-up,as being either necessary to meet the Rehabilitation Standards; or for other purposes that may be financed with 'rehabilitation grant and/or loan funds, (see Chapter 5). This is done on the work write-up by. entering the cost estimates en's columnar arrangement. d Adjusting'Work Write-Up. If the total estimatedlcost of thework exceeds thethei amount,'of the rehabilitation grant and/or loan the applicant could -receive, or exceeds the:applicant's financial ability to do:all work, the E: ,Rehabilitation Construction Specialist shall eliminate or modify items in the work:writeup as necessary=to reduce' estimated cost;,however, items of work. necessary, toi meet, the Rehabilitation Standards shall hot be eliminated.' e ,Oumer's Pre erenae:.'A preliminary work write-upishould not contain details t t ave.no significant effect on cost, such aslcolor, style or pattern. 1 Decasionsron,thes6';details can be made when preparing the specifications for the construction contract documents, or evenafter the :contract award by I` providing+'in the contract documents as appropriate,`Lthe term "to be selected by owner:" , 5: CA ELIGIBLE, FOR REHABILITATION GRANT. For an applicant, who is eligible bd,for; a; rehabilitation grant, t e anal work write-up and cost estimate prepared 'by the Rehabilitation Construction Specialist shall: a. Identify each of the items of work to be financed by, the grant. b .Show the total amount for those items, indicating how the statutory limits a were: taken into account ,(see Chapter 6). ' (If ,the,finalwork write-up is to be used for the specifications, the two items , above shall be shown on a separate sheet that will not be part of the construction contract doci tints.) 18-2 i' � Rehabilitation Financing Handbook 4/77 6. CONSULTATION WITH PROSPECTIVE APPLICANT'. As soon as possible after inspection' of the property,(pre erably within 24 iours), the Rehabilitation Construction Specialistshall consult with the prospective applicant on the preliminary work write-up and cost estimate. The Rehabilitation Construction Specialist shall advise the applicant which items of work are required to meet the Rehabilitation Standards, and which',are not required, but may be financed with rehabilitation grantand/or.'1oan funds. The Rehabilitation Construction Specialist should be ;prepared to eliminate'` ormodify any item in the preliminary work write-up that is not specifically' required; by, the, Rehabilitation Standards. However, the Rehabilitation Construction Specialist' should encourage each applicant to under take'as much of the other rehabilitation work as he can reasonably afford'. As a :.result of the consultation and agreement between the Rehabilitation Construction Specialist; and the applicant on the work to be done, the Rehabilitation Construction Sp6cielistlshall prepare a final work write-up and cost estimate::' The final work write-up shall be the basis 'for `the specifications in the construction contract documents to be used to solicit bids and proposals from contractors (see Chapter 19). Z. .. SPECIFICATIONS IN CONSTRUCTION CONTRACT Do UMENTS. Each specification in a 4 'construction contract ocument s 11 e w itten so that it provides a clear under "standing of thet nature; and scope of the work to be done, ,and a basis for carefully P .Posalsfrom contractors. Each determined bids and, ro , : specification shall show the nature and location of the work and the quantity and type of materials required. r The specifications shall refer to manufacturers -brand names or to association, standards to identify the quality of materials and equipment required, and may make prodision'for,'acceptable substitutes. ,Jf the 'work write up is, sufficiently com- prehensrve At may itself be used for the specifications, without any Cos t estimate figures or distinctions as to work required or not required. 'Standard'Specifications The specifications in the construction contract documents %i themselves, ll be.,'kept relatively'simple by -having the documents refer to the technical and' detailed7specifi6tions'that are contained in another document that r is, called "general specifications." This technique simplifies';and facilitates the 7.1, preparation of:the,work write-up, cost estimate,, and contract documents. (1) Definition;' The "general specification" is a document that compiles technical,' detailed specifications for each of'the types of rehabilitation work that is expect6d,to'occur,rnvith some frequency, for,the types of properties in the p'rolect area, and are modeled after the FHA Minimum Property Standards for one and'-two3family'structures. (2) AvailabilitThe!'general specifications" are kept on file in the project z, o icff a and::other locations convenient to all contractors. i , 18-3 Rehabilitation Financing Handbook 9/77 , CHAPTER 19. CONTRACTING FOR RI HABILITA'PION WORK 1. INTRODUCTION. 'Phis chapter sets forth requirements and procedures with respect on to constructicontracts for rehabilitation financed' through a rehabilitation gra nt,:rehabilitation`loan,'or both. ,Construction work for rehabilitationfinanced through a rehabilitation grant and/or''a'rehabilitation+loan shall be undertaken'' onl throw h a written cont y g ract between the contractor and the recipient of the grant or loan. 'The Rehabilitation;Construction Specialist shall assist each : applicantl in arranging for and ',obtaining an acceptable construction contract. a. `.Form 64 Contract. :The construction contract will consist of a single document sign y t e contractor and accepted by the borrower, ,only following approval of the' rehabilitation grant and/or','loan. It shall contain a'bid and proposal by the'contractorfand the general conditions, as well as the specifications for'the work to be performed. " G b "'Use 'of AZteinates. The contract document prepared by the Rehabilitation Construction Specialist may provide for alternates by which the bidder, as part of his bid and proposal, offers increases and decreases to the lump sum 'contract; price! to' `cover alternatives in,the performance of the work. An alternate. may be,used to cover an item of 'work, the"need for which cannot be determined until ,some time during the course of the rehabilitation work. For the construction .exam le' traction contract may ca p y ll for replacement of a bathtub. The :floor foists in t bathroom are not exposed, and their actual conditions cannot he determined even withcareful inspection. ,However, general conditions in the bathroom, sucfi as evidence'of plumbing leaks over a period of time, indicate 9"that the'floor joists'may,be rotted: ':The work write'-up, cost estimate,and i a, the approved rehabilitation grant and/or.loan may include an amount.to,replace e the floor joists, and related costs if,:upon3removal'of the'old bathtub, this •+' '<+.need is"apparent ;;'Under such circumstances;°the work to replace the floor ' foists should be included 'in the construction contract dociunents as an ,alternates' .If'uporrremoval' of.�the old bathtub it is found 'tluat work';'is not needed,, no payment'j,for it is required under, the construction contract. 'If 4, that worki'turns out to be needed, the cost is established by the construction contract documents and the contractor can be ordered to proceed with that work the'stated surti: (1) Format for Alternates.' Generally, alternates should be avoided, but when '* use, ; t�T�FTie Re a ilitation Construction Specialist shall provide for them specifically:;in.the section provided for bid and. proposal by adding li,, rh _. material such4s_the following: �•, Alternate N1., (description of the alternate) 1;i IT Add $ i Deduct $ i Alternate H, 2.: Same,aslabove for Alternate N1. , 4 j 1 '1 Rehabilitation Financing Handbook 4/77 i. ,'Provisions that the owner will: (1) Permit the contractor, to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. (2) Cooperate with the contractor to facilitate theperformance of the work, including the removal and, replacement of rugs, coverings, and furni- ture,:as necessary.^ j. A provision that the premises are to be either occupied or vacant during the course'of,the construction' work. k." A provision that final payment on the contract amount will be made only after, `final inspection and acceptance of all: the 'work to be performed by the r ccontractor, and the contractor has furnished the owner, c/o Rehabilitation � Construction'Specialist, satisfactory releases of;'liens or claims for liens "7> by;ahe contractor, subcontractors,Jaborers, and materials suppliers. 1 A provision that the contract consists of the bid and proposal, the general conditions, the specifications incorporated therein by reference and identified as,Exhibit "A" and the; drawings (if any)',, identified (the'Rehabilita. tion. Construction; Specialist will have inserted appropriate identification ofthe specific drawings).; m —A section'at.the.end of the general conditions containing material to be cdnpleted by the .bidder, generally, as follows: j, , Fi6r,theliconsiderations named .therein, the Contractor proposes to:.furnish.all the material and do all`of i'Si the,; work described in and in "accordance with; the contract identified 'above in;'item 1. ;of the general if�7 4 rii t,. rconditions for ,the lump=,sum price of $I: ,- Ik`.', 6, n Contractor. Acceptance by Owner (name of'contractor)I (name of owner(s)) (address and ZIP of contractor) (address and ZIP code of owner(s)) a , '(date of proposal and bid). (date of acceptance) " (notarization or acknowledgement) (notarization'or acknowledgement) 3 , SPECIFICATIONS AND DRAWINGS. Specifications, based on.the work write-up and �,..� illustrative sketches, any,:,coveringthe specific rehabilitation work for each property on'which' a-rehabilitation"grant and/olr1oan,will be made shall"be pre- pared,by the Rehabilitation Construction'Specialist. ;,Drawings shall be prepared i' only when essential'to:'show,the scope'of the work involvedso'that a fair bid fort. eewor.d,,and to The, c .specifications and drawings shall be based on the work write-up:resulting from an ,' { inspection of'the property and interviews, as indicated, ;with the applicant. The,' specifications shall 'clearly establish the nature of the':work to be done and the 19-4 Rehabilitation Financing Handbook 4/77 material and 'equipment to be installed. Each page of the specifications and drawings shall be numbered and shall contain identification that includes the name; address of owner, and`the date 'of`the specification. OBTAINING CONTRACTORS! BIDS AND"PROPOSALS. The Rehabilitation Construction Specialist shall establish and, on the basis of his experience, maintain'a current listing of contractors, subcontractors, and materials suppliers who are qualified, to'perform, 'and are 'interested '',in doing rehabilitation work financed' through a rehabilitation grant and/or loan. The listing may be based on the .experience of thefStaff , experience of property owners and others,, information obtained from bank's' credit, and.trade associations, FHA Insuring Office, and other information - available to the Staff. While the list, in a limited ,way, may serve'the purpose of prequalifying bidders, it shall not.be used as a means of excluding' bidders who are not'on the list at the time the submission of a bid and proposal is in order. !'INVITATION TO CONTRACTORS 'FOR BID AND PROPOSAL, a. Coiztraotor'SeZeetion. The owner shall be asked for the names'of two contractors e. would :like to bid on the rehabilitation of his property. If the owner does. >not know two contractors or no contractors, the Rehabilitation Construction Specialist shall provide the property owner with one or two contractor names' .when the owner knows'of no'.contractors from the list of, approved contractors maintained at the Department of Community Development. b.i::Invitation to Bzdil Once two contractors have been selected according to paragrap 5 a. aliove; the Rehabilitation ,Construction Specialist shall contact the, selected, contractors and invite them to: bid the proposed rehabilitation. Rehabilitation Financing Handbook 4/77 (a) Adequate active liability insurance (see 2. h. (1) above). (b) The name of his company bank. (c) The names of his usual subcontractors. (d) The names of his principal suppliers. (e) The names and addresses of at least two (2) residential rehabilitation or remodeling jobs. Contractors providing acceptable data as requested above shall be placed on the list of approved contractors. No contractor shall be placed on the?dist who! is subject to FHA debarment under paragraph S. e. below. `(2) The Contractor List shall be maintained in a conspicuous place within the.Department of Housing and Inspection Services office, open to public i review. The' ",Contractor List shall be grouped according to the category of specialization the contractor requests to be 'listed (e.g., general contractors,; electrical, plumbing/heating, masonry, drywall, etc.). (3) Selection of'a contractor to bid on a'specific job shall be made by taking the contractor whose"name appears at„the top of the list under ,the ” category of specialization that is applicable to the specifications under consideration. As a result, all contractors move up one, and the name of; he contractor selected to bid is placed at the bottom of the list. ,f.'Ac'eeptable Contraotora. The Rehabilitation Construction Specialist shall Tip always exercise care and good judgment in�selecting'a contractor. A 5 „ "selected contractoof good reputa tion, financially sound, have r shall: be adequate.financial`'resources to..carry outl his bid and proposal, land be qualified I' to do thei;required'work: The Rehabilitation Construction Specialist shall "frequently monitor the list of contractors to assure that they continue to b'e acceptable. •`"'(1) ,,Reperral to HUD Publication.' As part of ascertaining,.the contractor's Settion''201': Office will! Te Rehabilitation Construction Specialistj;shall-see if the;icurrent edition of the!IND publication, "Dealers and ect'to the :Provisions Fof Section 201.8(b) and of the Title`I Regulations". 'The Area HUD Insuring available acurrent''edition of, this, publication upon .he'City. Listing in'the publication does not necessarily (tractor. However, the'Rehabiliiation Construction check the contractor -more carefully,,`including'getting -oration' on him from the FHA Insuring Office before making I 'eet to Administrative Debarment: Checks made by the :onstruction,specialist will not, preclude the FHA from participation checks as it deems necessary. Contractors )'Federal administrative debarment as a result'of these : be selected. 19-6 Rehabilitation Financing Handbook 4/77 g. No Notification to Ridder befog. Contvacl. Ai,Mrd. The Rchabilita tion Construction Specialist sha11 not advise any bidders of either selection or rejection before the contract is awarded. G. AWARD OF CONSTRUCTION CONTRACT. 'lhc contract shall be awarded by having the !L.:. applicants or the re abilitation grant and/or loan properly' execute. the contract. i with the assistance of the Rehabilitation Construction Specialist. a. Iaauance'of Proceed Order. At the time the award is made, the Rehabilitation Construction Specialistrshall remind the applicant and the successful contractor that the undertaking of ,the work covered by the 'contract is subject to issuance by ;the owner of a proceed order, within the number of i days stated in.the general conditions of the contract from the date of the award. "Upon award of the contract,the Rehabilitation Construction Specialist shall notify unsuccessful bidders that they ,have 'not beenawarded thelcontract. b. Contract Awarded after Receipt of.Reaervation o Funda. In a case involving a loan,,.t a contract award shall e m e y ter tfe Rehabilitation Construction Specialist has received a firm commitment from .the Director that: the'.loan'has been approved c,'Award within 30 days of Cutoff Date. TIn order for the bid and proposal to _bT_b_5_d1_ng_,7_tT e award shall be made within a, period of 30 days from the cutoff date• established by the 'Rehabilitation Construction Specialist for the T. receipt: of the bid and proposal; unless a later date'is agreed upon in writing d Contract Award In the award of a construction contract for rehabilitation the rehabilitation:grant and/or loan shall execute the original and five copies of-,'the,contra ct,documents.i The Rehabilitation .Construction Specialist shall distribute the executed contract.documents as follows: (1) Executed copy to. contractor. i Executed copy;.to,borrower. k ,.(3) Executed original and''copy retained by Rehabilitation Construction Speciali'stifor file. ,,(4). Executed copy. to Financial Section. f 7ISSUANCE OF PROCEED ORDER. The general conditions of the construction contract will, state that the owner willissue., a; proceed,order within'a stated number of daysjfrom the date of: acceptance of the contractor's bid and proposal. The proceed order for a construction contract whicli',shall be executed by the borrower at loan'settlement, shall be issued within 30 days of the acceptance l of;iae contractor's ,bid and ,proposal,; and shalllrequire the start of construction within 30 days or less from'the date of the order's signing. `..In order to con- ;�; fOlM with-th'S,contract condition, a proceed order shall be issued promptly rafter the Form CDR77660 for a' rehabilitation grant has been approved and/or loan settlement has been completed for an approved loan. Loan settlement is con- n , i. 19-7 ' Rehabilitation Financing Handbook 4177 sidered completed only after recordation ofthemortgage and expiration of rescission.right.' The Rehabilitation Construction Specialist shall assist ' the grantee or borrower in the preparation and issuance of a proceed order. The proceed order shall be;prepared for the applicant's signature, and shall t_ - - to time, 'ORIdED BY OWNER IN: REHABILITATION PROPERTY. Questions arise from time luring the processing of a rehabilitation grant and/or loan, concerning' s''performance of; some or all of the labor required to complete the ition of his property. These paragraphs are intended` to supply > those questions, as well as describe the circumstances under which of self-help is desirable and to be encouraged. 7 Work and Skill of Owner. A'property owner may complete some or all tasks required to rehabilitate his,property, if,he has the degree of •equired to perform the work involved; Self-help is usually appropriate accomplishment ofr.;tasks`of an unskilled lnature suchlas,general clean iolition of small buildings on a property;' removal, cartage and 1 of the debris, and for work that.involves minimal use of costly and,equiPm�' ent. ,,Work of a"skilled nature, and work involving the ve':,installaiion of costly materials; and equipment, are appropriate Rehabilitation Construction Specialist is assured the property owner ability and experience required to, do the work properly without sion, or: that he .has sufficient 'skill to do°the work 1properly,:with ahjadvice 'and guidance from"the Rehabilitation Construction Specialist'. ' Rehabilitation Financing Handbook 4/77 Provision for Selp-help in Grant and Housing Goan. IVhenever self-help is necessary, indicated, or desired, an the Rehabilitation Construction Specialist considers that with or without its technical assistance and ' guidance a property owner will be 'able to perform the work in a reasonably acceptable and expeditious manner, it may process an application for a rehabilitation grant and/or loan on that basis. In such a case, the amount of the grant and/or loan would provide funds to pay for, the materials and equipment to be installed by self'help, as well as any additional funds needed to pay for other' rehabilitation work to be performed by a contractor. i The grant and/or loan shall not include funds to pay the owner or members of his family for their laTior. Further, the Rehabilitation Construction; Specialist must exercise 'good judgement and prudences as_to',avoid a situation' 'in which an owner could place himself in financial difficulty through' improper ' use, installation, or even'' destruction of the materials and equipment pur- chased with grant and/or loan funds. For this reason, the owner should understand that the proceeds of a grant and/or loan to pay the supplier for materials and equipment involved in a self-help will.be disbursed from the rehabilitation escrow account, by the Rehabilitation Financial Specialist, only after they have been properly installed. e. Coordination with Contractor. When some of the rehabilitation work is to be done through self-help; and the'remainder is to be done by the contractor, d: the Rehabilitation Construction Specialist` should assure that the work is done by each of them so as not to interfere with or jeopardize the other's work. In cases where.a separation in the timing of; the work is not feasible the Rehabilitation Construction Srecialist,should urge the owner and con- ,r tractor.'to make. their own arrangements on the timing; so that each may do his work"without-causing any interference in the work to be done by the other. 'In all';instances, the owner, will be better protected`if work to be don e;;through Iself -help'is completed,.before.'the contractor starts his work. 'i 'r Such completion will help avoid claims by the contractor for; extras or damages he may claim arei:caused by,,the self-help efforts, and will assure that when B ';s a11'work'is finished;' the property',will comply with the Rehabilitation Standards:' .. 9 OTiIER.PROVISIONS (in re: -2h(1) of this chapter) 'the :_,7. The Contractor'Sh4bl: indemnify and hold harmless the Owner, Owner's em to ees t e C and City's employees from any and all lia- p ity Eng neer, bilit , loss, cosy dams e' and expense (includingreasonable attorney's fees and court costsy resulting;from, 'arising out of, or incurred by reason of any claims ;;actions„'or suits based upon or alleging -bodily injury, including death, or property damage 'rising:out of or; resulting from the Contractor's operations under this Contract, whether such operations be by,! himself or by :any Subcontractor or by anyone 'directly or indirectly employed by either of ;them ..The Contractor shall' obtain',insurance for this purpose, which shallij�' ' insure ahe interests of the Owner and Engineer asthe same may appear; and shall lfile with the Owner and the City certificates of such insurance. iThe approval of final b. Correction 6f TauZty Work after FinaZ Payment: the; I final by Request for Payment by the; inspector and the making of the payment i. the Owner to the Contractor shall - not relieve the Contractor :of responsibility forifaulty materials or workmanship. I 19-9 Rehabilitation Financing Handbook 4/77 CHAPTER 20. INSPECTION'OF REHABILITATION hURK 1. GENERAL. This chapter sets forth the requirements for the inspection of'rehabilita- H work', financed in whole orinpart with a rehabilitation grant and/or loan. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Rehabilitation Construction Specialist shall make inspections of construction work in cases involving it rehabilitation', loan' "or a rehabilitation grant. To accomplish this, the Rehabilitation Construction Specialist shall make, Ij (1) Compliance inspection, as necessary, to assure that .the construction work is being completed in accordance with the construction contract. , (2)14inal inspection to determine that the construction work has been completed in accordance with construction contract. The Housing Inspector and'.any special- ists"fromthe Building Inspection Department, as may be required, shall accompany the Rehabilitation Construction 'Specialist on the final, inspection andishall provide, the Rehabilitation Construction, Specialist with a written report of, their, findings.,', 3 INSPECTIONS FOR'PROGRESS PAYMENTS AND FINAL PAYMENT. Inspection of construction wor s ll e.. a in accordance with m a ollowg: I o a 'Pro resa Pa menta.A compliance inspection of the rehabilitation work shall E, ma e,.be or' a the Rehabilitation Financial, Specialist makes a progress payment on a contractor's;anvoice:`` (1) Inapeetiori Report'- Request for Payment. The Rehabilitation Construction Specialists all prepare am inspection;reportl(original;and onet'copy) `for cases involving a rehabilitation°;grant and for City Rehabilitation i I 2 Payme�t for Satz�faotoryyWork. If the!inspection determines that work com O _ `A'L, 1• I � ' Rehabilitation Financing Handbook 4/77 'b. .Final Zna ee� ion. Upon completion of the rehabilitation work and receipt of the tractor's invoice containing his certification of satisfactory completion ' of all the work in accordance with the contract: and his warranty, the Rehabili- tation Construction Specialist shall arrange for inspection of the completed work. ' c. Making cggl Payment. When the final inspection determines that the work is satisfactorily completed in accordance with the contract, the Rehabilitation, ' Construction Specialist shall obtain from the contractor a release of'liens, 'and a copy of each warranty due the borrower for the work. After receipt of a ' release of liens, including releases from all subcontractors and suppliers :and a,copy of each warranty, the Rehabilitation Financial Specialist shall make ' final,, payment in accordance with Chapter 14. The Rehabilitation Financial Specialist shall then prepare Form CDR -7645. ' 4 CERTIFICATION OF FINAL INSPECTION. After the Rehabilitation Construction Specialist determines that the rehabilitation work has been fully.and satisfactorily completed and: he final inspection report obtained, the Rehabilitation Financial Specialist; shall prepare a Form CDR -7645 (original and three copies). Distribution. Form CDR -7645 shall be distributed as follows: (1).Signed- original to the property owner. i (2) Signed copy retained in the property file. 5 SNPPLEMENTAL'INSPECTIONS. In some cases defects and inadequacies in the con- G „,struction,work ,,pot apparent at the' time of final inspection, may show up after q: final payment':for the;work :is made and Form CDR -7645 is issued. Most ofthese 1 are ininor,'such as doors and windows ,that stick after painting. However,:others are serious; such ,as roof leaks not ascertainable until' after a rain, defects in heating systems installed during the nonheating season that were not revealed in thb'Jimited'tests after installation, and plumbing leaks that did not show up in f ina 11 uispection. i'' FI'r' a One -Year Cuarantee�on Work b Contractor. All work performed by the contractor iscovered by a one-year guarantee but property owners nre;not always aware ` that,`for, a period; of one year, they may require the contractor to correct ai cant and inadequacies in the work performed under this.contract. or thisreason, the Rehabilitation Construction.Specialist'shall inform the owner 0;ithe'guarantee requirements'upon,completion of the rehabilitation. b Additional-CaIZ by' Rehabilitation Canetruction S eciaZist to Insure VaZidit t " "and Correction of Complaints. Although a limit examination indicates that the ,inci ence o serious de ects and inadequacies in the construction work is frequent, and contractors generally correct them promptly when requested, thei Rehabilitation Construction Specialist; after the final inspection, shall 1 'make an additional all on -the property owner to ascertain if; there are any complaints about the work that has 'been done. Ibis call shall be made within 60 days after the',' issuanceof Form CDR -7645.'' The Rehabilitation Construction Io ;.Specialist shall, inspect that work to ascertain if the complaint is valid. If,. the'complaint is valid, the Rehabilitation Construction Specialist shall assist the property owner, in obtaining prompt corrective action frau the contractor. 20-2 i Rehabilitation Financing Handbook V 4177 6. CONSTRUCTION SPECIALIST (INSPFCTOR) - OWNB'R - CONTRACTOR RELMTONS Inspector's Responsibility and Authority: shall observe the work on behalf of the City, and will provide I.the:inspector general assistance during construction insofar as proper interpretation of the Mininwn Housing Code requirements is affected. ti The inspector, and owner shall decide, when necessary, any and all questions which er-I' mfoaYrmaerdi,seas 'to the.4unlity acceptability of materials furnished, work per- ' inerpretation of Plans and;,Specifications and !all questions as to the '!.i erpretation acceptablelfillment of the Contract:bn the part of the Contractor. The construction inspector will not be on the construction site at all times and as 'such°cannot be.responsible for the acts or omissions of the contractor or his employees 'u, For the; same reason acceptance by the inspector of the contractor's work`performed,.does:not release the contractor from the responsibility to provide quality performance on all contract specifications. ! II I ! I i I , n s yy 1'f 1 f I i J I � I LI f Is '1 !I 1.y lJ 'pYi i` 1 I h. 1 jJ'1 I. ! :1 A L I 1 I 4 l )I NO rI, ij dhTJ !'11" I. IL 'i I 1 I t Ok V Rehabilitation Financing Handbook 9/77 CHAFFER 22. 'APPLICANT'S INCOME L. GENERAL. This chapter sets forth the; basis for establishing an applicant's income or,Y e,purposes of a rehabilitation grant and/or loan on a residentialproperty, and::takes into account the variations applicable to different type of applicants and properties' and special considerations related to the type of project area inlwhich the property is located. ?. TYPE OF, APPLICANT. In order to make determinations with respect to eligibility : '! fora rehabilitation.grant,,and the purposes and amount of a rehabilitation loan„ an'applicant 3s identified as either an owner-occupant of a one-or two-dwelling- unit:-property:"or aniinvestor-owner. For purposes of determining', an applicant's income; an'applicant must be identified'additiom lly, either as a person or other`legal'entity, as,defined'below. a ,Person.' The term "person" means one or more natural persons, who either hold legal itie to, or. occupy under a land salescontract, a property to be rehabilitated. b,t Other Legal Entity. The term "other legal entity" means any legal entity other thana,"personl', such as a partnership or corporation that holds legal title ` toproperty to be rehabilitated. "Any "other legal entity"'within-the meaning ,a of this: definition is also an investor-owner. SOURCES OF'FUNDS AND AMOUNTS COMPRISING' APPLICANT'S' INCOME. The following is a l�sting,o t eTelements comprising income or'purposes o a rehabilitation grant and/o"r'loan iExclusions', from intone applicable in special circumstances are "� stated infparagraph,5 below. a Portion'of Income Derived from Rental Unita. If the property will contain <moretthan:onewelling unit. after re a ilitation, that portion of an applicant's :. is derived franihe property shall be reported on Form CDR-7660, „income,.that block'C; lihe 3;'as4a.nef figure' determined as follows: „ ,,(1) Net�Ineome.��The'net income from the rental units in the owner-occupied propertyao be rehabilitated ,is the, gross rental incase „less expeditures allocable 6' the.rental units.' These'.allocable'expenditures including payments; )n the basis of an average of one or more years for mortgage , or land contract principal and! interest, mortgage insurance premium, ,.",service charges,-hazard insurance, real estate taxes and',special'assess- ' ments; maintenance and repairs', heating and utilities, and other cash expenditures for the property such as advertising vacancies. If the applicant has :'not owned the' property, for one or"more'years, the Rehabilita- tion Financial Specialist shall estimate the income and ,,expenditures n' on;the,avail'able,experience. " - (2) 'Allocation of:Expendituren to Rental: Unita. The allocation of expenditures J, to, e.rental;,units maybe esti lisped by dividing ,total monthly expendi- tures'for the entire property by the nuImber'of',units in'.the property. i, The're;ultisthe'shared,expenditures,all6cableto the owner-occupied , 22-1 IRehabilitation Financing Handbook 4/77 Idwelling units, which when subtracted from the expenditures for the entire property, produces the monthly expenditures allocable to the ren-' I tal units (i.e., often units are rented with heat and 'water lbut under separate electrical meters; in these cases, the heat and water are shared expenses but the electrical cost to the tenants isnot part of Ithe building expense). (3)_ Net Rental Income on Form CDR-7660. The monthly expenditures allocable to the rental units, su tract rom the gross rental income from the property;: produces the net, rental income to be entered on CDR-7660, block C, line 3. b. Portion of Income 'Derived from Roomers. If the property will contain rooming units, that portion of an applicant's income that is derived from roomers I. shall be.reported°on Form CDR-7660, block C, line 3, as a net figure determined as follows: (1) Net Income. The net income from the roomers in the owner-occupied property to be rehabilitated is the gross rental income, less expendi- I tures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more ,years for mortgage or land contract principal and interest, mortgage insurance premium, I` service charges, hazard insurance, real estate taxes and special assessments,,maintenance and repairs, heating and utilities, and other cash'; expendituresiforlthe property forlone or more years, the Rehabili- tation Financial Specialist shall estimate the, income and expenditures Ion the available experience. (2): Allocation o Em endituies to Roomers.' The allocation of expenditures A f p o e roomer may a establishedby determining the percentage of floor I ° space, that is used exclusively by the roomer(s). The allocable` 1; r expenditures shall bereduced by the percentage'of floor space as calculated 'above. C.!t A Zaeant'fh7:o Is 'a' Person. r Income .of anapplicant who is a ,'.'person" ,includes the income of the.applicanf and his, family.', The applicant's family includes the applicant an any other person or persons related by blood, marriage, or operation°;of law, who share the same dwelling unit. If ownership of .the property ;rests in more than one person, the applicant is each owner and family. ;The applicants income, therefore,'.is the sum of the family incomes I of.all applicants.Anapplicant's income is established on an annual', basis, ` it 'the, timeof applying for a rehabilitation grant and/or loan; and includes: Theapplicant's earnings. I (2) Spouse's earnings. (3) Other family ;members living in the hone, if their employment is,a i• definite characteristic of family life. Excluded is the income of an adult family member, other than the. applicant.and;spouse, who does not have an ownership interest in the property, but included are any funds contributed or paid to the , 22-2 �. I {{ Rehabilitation Financing Handbook 4177 (1) Owner-Occu ied Property. The applicant's income with respect to a re a�ilitation loan on an owner -occupied property shall be reported on FOrm.CDR77630, as follows: the gross rental income from the property to'be rehabilitated•shall be included in block D, line 5, "Gross Income from Real Estate"; and the expenditures in block E, 'Wonthly Housing Expense" on lines 1 through 9, as appropriate. (2) Investor -Owned Pro ert . In the case of a loan on an investor-owned property, jncome shall—be reported on Form CDR -7634A, block A, line 2;; "Net Income from Rentals", includes the actual net income from all other rental property. Similarly,:financial statements submitted in support of Form CDR -7634A shall reflect actual data as of the ',reported date. (a) Purpose }or Requiring Actual Data. The primary purpose and use oFonn,CDR-7634A, or financial statements, is to assure that a rehabilitation loan is not made to an insolvent applicant,; whether or'not'the property for which the loan is sought can produce sufficient: revenues. (b) Firtdi Acce table Riek in Mar final Cases. Generally, a rehabili ration loan, secure cow unsecure , shall not be made with respect to an I investor-owned property, if the property clearly, cannot produce' sufficient revenues to satisfy all expenditures related to ownership, operation, and management of the property, including repayment of the rehabilitation loan. An exception is a case in which the ability, of the ,property to produce sufficient revenues appears'Ipossible,;but marginal. In this circumstance, anapplicant's; ,strong;financiai condition and ability to repay may, be used, by the "staff to supporta recommendation'to the lender. i 1 Y:lEstimating Income and ense (CDR -7643). The information obtained ,+ :on Form: CDR 7643As to furnishAntormation'on the revenues Ghat can . produced,by the property. The income and expense information tion Form'iCDR-7643,; is estimated for the property.afterrehabilitation. The estimates of income shall be,realistic ,in terms of reasonable f•i ':expectation of the ability,and.,likelihood 'of the rental market in p the property area _to pay'the proposed rents: The estimates of ' expenditures shall be realistic,,taking into account the rehabili- tation work to be done. 5:1' EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME:' a Grants. Deduct the following amounts from gross income: '(1) `$251per child, per month (child must be living in; the home, under 18 + ears'of or age,; full'ctime student' dependent). y (2) Deduct•10% of gross income for taxes (persons not retired or disabled), i, 1: '(3)'.,.Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. . �, Ifs• i''' 22-4 i 1 .�:. '1 y- I ___��' Rehabilitation Financing Handbook 4177 5. 'BORROWER'S RICHT OF RESCISSION: SECURED LOANS. Under the law, certain borrowers have the rigt, within a 3 -day period, to rescind the entire', loan transaction. This right of rescission applies to rehabilitation loans, secured by mortgage or deed of',trust,„on residential property, owned and occupied by a borrower who'is a'natural person. 6. NOTICE OF OPPORTUNITY TO RESCIND TRANSACTION. Borrowers entitled, by the pre- ceding rec ing paragraph 5, to rescind the loan transaction shall receive a properly completed Notice of Opportunity to Rescind Transaction in the format which appears in Appendix 2. a. Furnishing Notice to Borrower at Loan Settlement. The Financial Specialist shall give the borrower -two copies o e notice at loan settlement, and prior;, to his execution o mof rtgage and note. The notices nature and purpose shall be explained. One additional, or third copy, of the notice shall be signed,by;the borrower so, as to evidence i s receipt of two copies of the notice. 'The receipted copy shall be retained by the City in its loan. application file'. b. Format o'Notice.= The City shall, on its o4m letterhead, reproduce the notice, both ront and back, as it shown in Appendix 2. The text shall consist of the same language, with blanks completed, so asto show'the application number, loan settlement' date, deadline for rescission (three bus iness,days, following '-loan settlement date). The ,paragraph entitled, Effect: of Rescission” shall appear on the reverse of the notice. ,The size bf.the.text on both sides'of the.notice shall be not less than 12 point bold-faced type'.as shown'in the Appendix 2 c.Three-8ai Riecission Period. To compute the runningof the 3 -day rescission ,period or, entry. .;on.the notice, treat the 'date o£ loan settlement on which a borrower. receives ,the :notice as,',Day Zero and the next business day there-' .,° after"as Day.l,yetc: Three;busine'ss daysmust elapse following loan settlement date to`'complete the rescission. period. Abusiness day is any calendar day ;'except Sunday and:the following holidays oh ..the ;dates established"by,'.,Federal y!', law New:', Year's Day, Washington's Birthday, Memorial Day,:Independence Day, or -Day, -Columbus Day,'.,Th , Veterans Day,anksgiving, and ,Christmas. No Disbursements. The Fina Specialist shall make no disburseaent jromtTe rehabilitation illitation escrow' account,, with respect to the borrower, durin ithe'`3-da rescission period. In this re and�ithe mortgage payoffi check in connection with any; refinancing (referred to in Chapter.11l) shall be dated as the'day next following the last day. of the rescission 'period ,,withl'Ae amount of the check reflecting 'accrued 'interest and other charges.accordingly. The check shall neither'be released by the. Financial Specialist nor endorsed by the borrower before such date. (2) Prompt Recordation. In every case, the Financial Specialist shall re- cord promptly; after loan settlement the mortgage, deed of trust, and all ingtrupents necessary to perfect the'loan security without waiting for expiration of'the 3 -day rescission period. a 23-2' 1 i Rel bilitation Financing Handbook 7. CANCELLATION OF LOANTRANSACTION BY BORROWER. be loan transaction shall be considered-canceled if the borrower's notice to that effect is given within the required period.' Notification by mail shall be considered given at the time mailed as indicated by. the postmark; ;notification 'by telegram shall be considered given at the time filed for transmission;' and notification by any ether writing shall be considered` given at the time 'delivered to the Civic Center. 8., ACCOMPLISHMENT OF RESCISSION.' It is expected in most cases that the borrower's rescission will be accomplished by his mailing or delivery of the notice, bearing his signature and date under the cancellation recital. However, rescission may be accomplished by any written communication signed by the borrower or a(telegram sent by the borrower. Oral communications cannot accomplish rescission,. but they should be followed up by the Financial' Specialist to obtain written rescission. `9!- PUBLIC BODY'S ACTION'ON RECEIPT OF WRITTEN REQUEST FOR RESCISSION. Upon the Financial Specialist's receipt of any timely, written:communication'signed by !, the borrower; or of a`;telegram sent by„the', borrower, the Financial Specialist shall follow; procedures for cancellation set forth in Chapter 10. In lieu of the borrower's signature in block F of Form HUD-6230C Cancellation of;Rehabili- tation Loan for Residential Property,. the Financial',Specialist'shall type in block.F � the:followin g: "'Borrower's signature on appropriate Notice of Rescission, as required "under Truth in Lending Act” a Refund of Application Fee Within Ten-day Deadline Period. The law requires tTiat, within,: 10 days of receipt by Specialist of an appropriate p;. ,?written notice ofxescission, the application fee shall be`returned;to the applicant and action to, effect termination of any lien created by a,mortgage f' trust 'shall be'completed:� (See`Chapter 17) (1) Re and Check; The Financial Specialist shall make the refund by check Na i, rawn�on�the rehabilitation escroV account. 'Releaee of Liens Upon''Res .8sion. Appropriate release of liens'shall e'obtained by.the Financial Specialist submitting to the City Attorney's office a completed Form CDR-6230C. I b Scope of Rescission Procedure. The foregoing rescission procedures apply "'only to:,rescissions requested by the borrower, within the 3-day rescission period,F,as described in this chapter, and not to other cancel lations:as �— �; .f.,described! in Chapter,l0.. a 104,,SUBMISSION OFYCOMPLIANCE STATEMENT AT POST SETTLEMENT. The Financial Specialist , s ll submit a.canplet Form,,CDR-6241, Certi ication as, to Compliance with j Truth in Lending Act!,with the; other documents required to be transmitted to the i --,!-applicant at post settlement in Chapter 11. a; 23-3.i i I WE THE UNDERSIGNED DU HECzEBY OPPOSE THE INSTALLATION OF METERS IN IOWA CITY TAXIS FOR ONE OR MORE OF THE LLO;;ING REASONS. 1. COST OF MORS MIGHT CAUSE RATE INCRWES. 2. INS'T'ALLATION OF METERS WILL NOT SIGNIFICANTLY REDUCE FARE DISCF.EPANCIES. 3. METERS 'WOULD ELIMINATE THE FLEXIBILITY OF THE PRESENT SYSTFM 4. METERS ARE 1NDORSED,ONLY BY I.NFRKUENT CAB RIDERS AAD LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MUST CAB RIDERS. NAME ADDRESS PHONE 7. r 72v 1��4� X,� �I ,? 3 i Pt t?_c ewl'y" 4123 9A% i ` i/ off/— tl (3,3'9— 9 P 3b' (r�c� U f Cr�rc2C-i -6 yqV 7. r 72v 1��4� X,� �I ,? 3 i \ ti'IE THF: UNDERSIGNED HEREBY ENDORSE THE 1NS'1' T10N OF METckS' IN IOWA CITY TAXICAIMYFOR ONE OR MORE OF THE FOWWING REASONS: 1., METERS ARE NECESSARY TO REDUCE FARE DISCREPANCIES EVEN IF _ .'COST OF METERS CAUSES RATE INCREASES. 2. 'METERS WILL KEEP DRIVERS HONEST AND ELIMINATE DELIBERATE _.: _'OVERCHARGING. 3. IOWA CITY SHOULD FOLLOW LEAD OF OTHER CITIES TO STAY MODERN. 'NAME ADDRESS PHONE t I ' C'- r II i I`? i- i I I ' C'- '+' \ VIE TH dDERSIGNE DO HEREBY :OPPOSE PPOSE THE INSLA ON OF METERS IN IOtih CITY TAXI WS FOR ONE OR MORE<OF THE LLO'.1NG REASONS. 1COST OF METERS MIGHT CAUSE RATE INCRL.. ES. ` 2.. '' INSTALLATION OF 'METERS WILL NOT SIGNIFICANTLY', REDUCE FAiE DISCREPANCIES. 3. METERS WOULD ELIMINATE THE FLEXIBILITY OF THE PRESENT SYSTn11 4. METERS ARE INDORSED ONLY BY INFREQUENT CAB RIDERS AND LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MUST CAB RIDERS. PHONE 538-eSSl �, ,?S/ -00 /--? SII to4. •��LGLL IV�'��/S . i : s 1 LI`.5 0.0'0 11336 3 y; -41 �cT\ 2 2.. Or) ��Zz E� Wvsh�y�on ' 72z e:> t' I 1 Y: 11 1.11 ADDRESS Kc Bck 203�p4 /E) ZT fa4 LG L� d &c- syr V- PHONE 3:S,F-o33J 3d 174 IS'/ 3 3837�z,: 6fv 3 3 7- WE THE UNDERSIGNE�DO HEREBY OPPOSE TH 1NST�LLATIUN TAXI S FOR ONE OR MORE OF TH ILLO'. 1NG TERS CF REASONS. 1�ASUA'S. IN I0�'IA CITY 1. COST OF M ERS MIGHT CAUSE RATE 1NC 5ES. OF METERS WILL NOT SIGNIFICANTLY REDUCE FARE 2; INSTALLATION ��- 3. DISCREPANCIES. METERS WOULD ELIMINATE THE FLEXIBILITY OF THE PRESENT SYSTEM 4, METERS ARE INDORSED ONLY BY INFREQUENT CAB RIDERS AND LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MOST CAB RIDERS., ADDRESS Kc Bck 203�p4 /E) ZT fa4 LG L� d &c- syr V- PHONE 3:S,F-o33J 3d 174 IS'/ 3 3837�z,: 6fv 3 3 7- WE THE UNDERSIGNED,' HEREBY ENDORSE THE 1NS'TA TION OF METERS IN IOWA CITY TAXICA3WFOR ONE OR MORE OF THE FCWWING REASONS: 1. METERS ARE NECESSARY TO:REDUCE FARE DISCREPANCIES LVEN 1F COST.OF METERS CAUSES RATE INCREASES.' 2. METERS WILL KEEP DRIVERS.HONEST AND ELIMINATE DELIBERATE OVERCHARGING. 3. IOWA CITY SHOULD FOLLU-4 LEAD OF OTHER CITIES TO STAY MIODERN. NAME ADDRESS PHONE i i I -` •- - - - - i I I I I IC I t I II ail p I WE THE UNDERSIGNED.,,,,DO'HEREBY OPPOSE THE INSTALLATION OF METERS IN IOWA CITY TAXI S FOR ONE OR MORis OF THE�LO'S1NG REASGNS. 1. COST OF'MMERS MIGHT CAUSE RATE 1NICREWES. 2. INSTALLATION OF METERS WILL NOT SIGNIFICANTLY REDUCE FARE DISCREPANCIES. 3. METERS WOULD ELIMINATE THE FLEXIBILITY OF THE PRESENT SYSTEM 4, METERS ARE INDORSED ONLY BY INFREaUENT CAB RIDERS AND LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MUST CAB RIDERS. NAME ADDRESS PHONE \ WE THE UNDERSIGNED, Ab ENDORSE THE INSTAA4TION OF METEfiJ IN IOWA CITY TAXICA OR ONE OR i4ORE OF THE F 1YIING REASONS: 1. METERS ARE NECESSARY TO REDUCE FARE DISCREPANCIES EVEN 1F "._.. �. '. -COST, OF METERS, CAUSES RATE INCREASES. ' 2. METERS WILL KEEP, DRIVERS HONEST AND EL114INATE DELIBERATE OVERCHARGING. _3. IOWA CITY', SHOULD FOLLOW LEAD OF OTHER CI'T'IES TO STAY MODERN. NAME ADDRESS PHONE 13 r lr rt r liaL r: y i it I iJ i.l . 'I I� i i i �A hili ICV ` WE THE UNDERSIGNED, &HEREBY ENDORSE THE 1NSTAJ�TION OF METERS IN IOWA CITY TAXICAB OR ONE OR 14ORE OF THE FOWaING REASONS: 1. METERS ARE NECESSARY TO REDUCE FARE DISCREPANCIES EVEN 1F -____COST.. OF METERS CAUSES RATE INCREASES. 2: METERS WILL KEEP DRIVERS HONEST AND ELIMINATE DELIBERATE '..._OVERCHARGING. 3. IOWA CITY SHOULD FOLLOW LEAD OF OTHER CITIES TO STAY MODERN. WE THE UNDERSIGNE�DU HEI'cEBY OPPOSE THE 1NST�LA'1`lUN OF fdEl'ERS IN IOWA CITY TAXI S FOR ONE OR MORE OF THc LLO',,*1NG REASONS. 1. COST OF METERS MIGHT CAUSE RAPE INCRL SES. 'ICPN1111Y REDUCE FARE 2. INSTALLATION OF 14ElERS HILL NUT SIGNIF DISCREPANCIES.' 3. METERS WOULD ELIMINATE THE FLEXIBILITY OF THE PRESEi'.1' SYSTFA `4. METERS ARE INDORSED UNLY BY INFREQUENT CAB RIDERS AND LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MUST CAB RIDERS. NAME ADDRESS PHONE J 0>`li✓ ✓o�v�y ,, �a7 .riA�a�vr�� .�'3d'.�29/U ' 3 � _ �c _ is i� �y Jou . ��-��y �S�c fi 6, 'IA7Co,ul fKr'�,m �d 1 s/ _ 3ss� 33j 413, ' p � r 'fi ��t '� : �r,.�,'!'1!,•�... ..ice fr, Li-�/1_��.-�✓ Vis, /�-.�r�k►2.c1 `�-� ��r-� 6E /q`L7 X11vJCatJ� S�IZ�L c, a, .iirto(aJ 11203 Cf%5 n Y 5f i WE 'THE UNDERSIGNED DO HEREBY OPPOSE THE INSTALLATION OF METERS IN IOWA CITY TAXI S FOR ONE OR MORE OF THLAbLLO'.';lNG REASCNS. I.' COST OF M RS MIGHT CAUSE RATE 1NCRLMWES. 2.! INSTALLATION OF METERS WILL NOT SIGNIFICANTLY REDUCE FARE DIS CREPANCIES. 3. METERS WOULD ELIMINATE THE FLEXIBILITY OF THE PRESENT SYSTEM 4 METERS ARE INDORSED ONLY BY INFREQUENT CAB RIDERS AND LOCAL POLITICAL FIGURES AND ARE NOT DESIRED BY MUST CABRIDERS. NAME ADDRESS PHONE G 17, WE THE UNDERSIGNED, HEREBY ENDORSE THE 1NST#,4TIOlq OF METERS IN IOWA CITY TAXICAM FOR ONE OR 14ORE OF THE F OWING REASONS: I' METERS ARE NECESSARY TO REDUCE FARE DISCREPANCIES EVEN IF ,. COST:OF METERS CAUSES RATE INCREASES. 2.! METERS WILL'' KEEP DRIVERS HONEST AND ELIMINATE DELIBERATE { _ — __—OVERCHARGING. --_—OVERCHARGING. = 3: IOWA CITY SHOULD FOLLOW LEAD OF OTHER CITIES TO STAY MODERN. NAME ADDRESS PHONE .f +1114({ _ (fA !t 1t1 �R-4 �f,tif gal 77�y. Y k LTi i zr,I i i i S+" w4 1 . L li i I I '.i I I u i i 1 i i. i _ -- - +„ WE THE UNDERSIGNED, Ah ENDORSE THE INSTAjTION OF METEriS IN IOWA CITY TAXICA OR ONE OR MORE OF THE FG WING REASONS: 1. METERS ARE NECESSARY TO REDUCE FARE DISCREPANCIES EVEN IF COST OF METERS CAUSES RATE INCREASES. 2. 'METERS WILL KEEP DRIVERS 'HONEST AND ELIMINATE DELIBERATE _.. .. :. OVERCHARGING. 3. IOWA CITY SHOULD FOLLOW LEAD OF OTHER CITIES TO STAY MODERN. NAME ADDRESS PHONE' 1 NAIVE ADDRESS PHONE. rl �I itr I 't IM+ u 4hx; �r4�1f�J !•. • �'. gill � . • j.! 4h P 7 -- . rp - rI , I k I i; • :Cemetery -Forestry Division • May Monthly Report Page 2 D. Plant replacement for City streets (trees destroyed by vehicles or vandals and replacement money recovered) on-going projectcontracts —completed or terminated E. Spring planting with June l deadline.. F. _Preliminary work new water line for Cemetery. G, preliminary work' shop roof replacement V. Special Projects - Superintendent draft to Administration. adopted A. Weed Ordinance Rules and _Schedule of Fees P g, Cemetery Ordinance, passed by Council. by, resolution and/or P ssedb is/Firms: C, WithlotherDivision/Dep l:' House move with Inspector Siders. 2:' Tree problems with'Iowa Illinois. with Legal. 3 Braverman propert Y ' D. Spoke to Sunrise Optimist Club'. ram. E. Advance preparation for Deeded Body Program. F, Attended film program "Engineering an;Ag G.",Letters to all interested parties regarding Cemetery Rules and Schedule of Fees. VI.. FY 77 Goals k' Ordinance completed. A. Cemetery g oin well. B, Cemetery,. record updating progress. C. 'Survey by Engineers roved public ,relations - D, ^Advance notice of projects for improved i excellent when; distributed by Staff. E. Improved, operational efficiency: in May1103.5* i, le h ours,dur g Actual`peoP 757.5 1, Regular y. du ti e�S 279'.5 Special duties S 3, Rest Periodsi, 5 ' 9$ of actual May regular working time was spent outside the Cemetery. flects *None of this recorded time Forestry the time of the Superintendent of Cemetery- • /ef a, 1 I � YI` � ' ri � '. � _ y 0 ' WILL J.HAYEK JOHN W. HAYEK C. PETER HAYEK - HAYEK, HAYEK& HAYEK. ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 June 6, 1977 AREA CODE 519 337-9606 The Honorable Mayor and City Council of Iowa City Civic, Center Iowa City, Iowa 52240 Re: Amerex Apartment Complex J Mayor and Council Members: On April 12, 1977, I'Amerex Corporation filed an application with Glenn Siders, the City, Building Official, for a building permit to construct three 12 -unit apartment buildings and two 97car garage buildings on, the Amerex property near the Dubuque and Interstate 80 interchange. I have reviewed the plans for the new building with Mr. Siders with particular reference to the directive of the Johnson County District Court filed in 1974 in connection with Amerex Corporation, et al, , Plaintiffs, v. City;of Iowa City, et al., Defendants, Civil No. 41548. In that case,'] in its ruling upon our motion to clarify judgment, the District Court stated ,that the Plaintiffs were not to be subjected to the application Of, the Large Scale Residential Development, Ordinance for its original complex of 108 apartment units. The Court's reasoning on that point was ` that these'!108 units were approved'by the County in 1964 and that ordinance did not exist as of that time. , The apartment complex described in the plans just filed is some- what different from the original complex. The buildings are configured somewhat differently and there are some other differences in the plan layout. However, generally, L in my opinion, the overall plan is fairly close to the original plan when considered in light of the fact that over ten years have passed since that original plan. I; can see no strong or compelling City interest in arguing that the deviations that exist between these two plans would be such to compel application of the Large Scale Residential Development Ordinance, the Tree Ordinance, and,the Storm Water Detention Ordinance. By the way, Ilbelieve that the latter, two ordinances would not be applicable for the same,reason that the'Court stated that the Large Scale Residential Development Ordinance would not be applicable. �I � 2'1 I I v a,�:, :.i f. ._ — t `` MUIowa Research RIOE!VED JUN Center on Aging, Inc. 1977 I;r. _, a.� i i I i i ,, �„ ,: i �I� :7 ---- - - i Informal Meeting' June 6, 1977 Page 3 neighborhood, and introduced the student who would be working on the project, and in turn they explained what portion', of the project they would be working with. Their, reports should be ready by the end of summer, and can'.be discussed then with the neighborhood, P & Z and Council. Each segment is setup so their report', will be produced before Council deliberates on that portion of the Comprehensive Plan. PUBLIC HOUSING The memo from Housing Coordinator Lyle Seydel explaining the program was pointed out. The City Manager noted that an allocation is available for public housing; federally funded, and the City has certain commitments L`under.the Housing Plan. ,.These are areas where the City has: not been able to meet the need, and this is an alternative way of meeting it. The City would own the buildings, constructed under the 'turnkey' arrange- ments; 10C% funded by federal government. Seydel'explained'the 40 year Annual 'Contributions Contract. I HUD sells bonds to, pay the ACC to pay `off the mortgage: Part of the AOC will pay the operating expenses that exceed the rental income gotten from the property., Averagelrental income'. for 40 units would be $49.15 per month per unit and $41.94 for operating expenses. Possibly there could be an $8 per month profit per unit the first year. If Council', proceeds, a public hearing'itould have to be: set for' June 21st. The City would not need to have an option or control of a site. Director Kraft noted that HUD had provided informs - L tion for determination' of number of units. If the project did not ;reach the ACC: stage, the;PHA would have to pay approximately $8,000 of the; preliminary, loan. These units are not; property taxable;, but a payment'is made'in lieu of taxes;;, 10% of 'the cashcontract' rent. This Project,' p s is similar"to the Lone Tree ro ect except the sites are scattered and ;not only. for elderly. Conmissioners Bob Hibbs and Fredine Branson and >> 5 ;Robert Welsh offered information.` Councilmanbers Selzer, Balmer and 9evera expressed opposition to the',01 Program;. This made a consensus of 3/3 for the program. Councilman Perret"requested `permission to call Mayor'Neuhauser'for her position: Th-Ler were'no,objections.',, Seydel announced that the Annual Cont. Contract had been''approved for'next year, conversion of 72 units approved for an r, amount of $520,580. jrr CITY MANAGER it C Manager Neal Berlin made two announcements: 1 Approval b HUD City age ( ) PP Y, of; the Block Grant Application, in the amount of $2,061,000 for next, year, and(2) the arbitrator had decided in favor of the Fire Department. REHAB LOAN:PROGRAM Mike'Kucharzak, Project Consultant, and Rehab. Consultant Jim Leighton made the final presentation and brought Council up-to-date on the past six months activities. They have spent 18% of the money allocated', for grants and forgivable loans, and need to get the'loan program underway. i' In responseto%concern expressed'about'city involvement after the grant runs outrKucharzak notedithat''they had tried to: avoid administrative carryover to putting the program' together. The bank will be providing many services to the City. A small monthly fee will be charged the ' borraver. T� • lonfonml Meeting June 6, 1977, Page 4 Attorney Hayek's concerns were resolvod as follows: I L the City will do everything it can to preserve confidentiality of applicants, but any file housed in City Hall is a public record; and 2. concerning liability insurance to protect the staff, they were suggesting re-use of the collective dollars tomakethen self-insuring:' 'L Hold-harmless phrases are included in the contracts between the City and the 'contractor and the City and the owner of the house.I rr Essentially there will be threeprograms:' ' 1. i Grants for elderly and disabled persons, 2. Forgivable'Loan with lien requirements, and 'r 3. Loan Program. ' City. Manager. Berlin, called attention to the letter from Old Capitol I� General Services' Administration concerning interest in the .Associates to g Ir Old Post Office. He also noted the letter received from Iowa Research Center on Aging, Inc. in response to his: phone call regarding the option `M on thel Old Post Office. L They are, not agreeable to any joint purchase u„ ,arrangement. The City Manager recommended that the Council exercise the option;:;l$1 for 160 days; waiting to see if housing on the site is valid. Cost of ;the building would be $250,000. (There were no objections. _The option will be distributed at the regular Council meeting. `r The CityManager also called attention to the letter received from Attorney Hayek cgncer[iing,the action taken to issue,building permit to µ}�i-Amerex.`aIf Council wishes to deal with it is another way, they were II directed to contact the Attorney. f t ;•,I I ,,1 1, The City;Manager!s memo on closing the College and Dubuque Streets was discussed._ Th'e.work 'will ' begin shortly, so ;there was not objection to ,4b leaving the streets closed and barricaded.` He will also check the r;City's policy concerning attendance at meetings by; the United Action by Youth personnel., Berlin reported that urban renewal documents will be m, ready-to out for bids after review by the City Attorney. The staff has completed their work. p�'7Yr Idi regard to the surveys on parking on Yewell and ,Dewey Streets, Council discussed the need for�a policyl;on,parking''to apply, to the. entire. City, The City,Manager advised.that the staff would corm up with some standards, and recommendations. Short term meters will be installed for diagonal parking: at the Oourt House, as requested. There were no objections. Meeting adjourned, 4:35 P.M. ' %r. Tape recorded on Heel #17i; and 19, 1, "It , 41 5�rvI rv ,+I I INN I _