Loading...
HomeMy WebLinkAbout1976-05-04 Regular Meeting0 0 IOWA CITY CITY COUNCIL AGENDA • REGULAR COUNCIL MEETING Or MAY 4, 1976 7:30 IM COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON • 0 R O L L C A L L Regular MEETING OF May 4. 1976 7:30 P.M. ABSENT ti COMPLETE DESCRIPTION OF MAY 4, 7:30 0 COUNCIL ACTIVITIES 1976 P.M. The Iowa City City Council met ,in Regular Session on the 4th day of May, 1976, at 7:30 P.M., in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neu- hauser, Perret, Selzer, Vevera. Absent: none. Mayor Neu- hauser presiding. Bill Heinzel appeared regarding Senate Bill I, expressing opposition to that Bill. Ms. Carter also appeared thanking the citizens of Iowa City and people throughout the county for their / support for the Committee. 67 Mayor Neuhauser made the following proclamations: May 9-15 Day; May 8, 1976, as Gil and Naomi Voss Day; May 9-15, 1976, as Small Business Week; and May 4, 1976, as Chauncey Swan Day. It was moved by Balmer and seconded by deProsse that the following agenda items and recommendations in the Consent Cal- endar be approved and/or adopted as amended: Reading of minutes of official actions of Council meeting of April 13, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City/University meeting of March 31, 1976 (/07.) Iowa City Riverfront Commission meeting of,April 22, Iowa City Parks and Recreation Commission meeting of April 14, 1976 Resolutions: Consider Resolution No. 76-128, recorded in Res. Book 35, page 155, approving Class C Beer Permit applica- tion for A & V Pizza Villa, 531 Kirkwood Avenue. Correspondence: Letter from City Attorney regarding 1976 General Obli- gation Bond authorization. The motion was approved by the following roll call vote: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: none. 0 0 Page 2 Council Activities May 4, 1976 After discussion of the number and appointment procedure of members for the Riverfront Commission, it was moved by Foster and seconded by Balmer to refer the Resolution amending Reso- lution No. 73-148, by Altering the Membership of the River - front Commission, to the Rules Committee for a report back next week Motion adopted unanimously_ It was moved by deProsse and seconded by Perret to -...,....�.. ......... ......e..1-� +r, +hc fnllnwinrt Rnnrds and Co Dr. Robert Ogeson, 305 Woodridge, to the unexpired term on the Planning and Zoning Commission, term to expire 5/1/78; and John Kammermeyer, 2 Woolf Avenue, and Juanita Vetter, 3011 Brookside Drive, to fill the full terms, expiring May 1, 1981; Jim Harris, 219 Ronald Street, to fill the unexpired term on the Johnson County Regional Planning Commission, term expiring June 1, 1978; and Stephen Lombardi, 5310 Westlawn Residence Hall and Barbara Bouschlicher, 2027 Taylor Drive, to fill the vacancies on the Housing Commission, terms expiring May 1, 1979. Motion adopted, unanimously. Councilman Perret called.attention to a meeting Thursday in Des Moines with the Johnson County Regional Planning Commis- sion members and Legislators, to discuss state subsidies for Mass Transit. He noted 4 members of the Council would attend //-- along with members of the City Staff. V%('i Councilman Vevera noted he had attended the Eastern Iowa Crime Commission meeting and inquired why Iowa City didn't sub- mit any plans. Police Chief Harvey Miller responded that our plans were submitted to the Johnson County Agency and were re- , jected by them; therefore they didn't go any further. Mayor Neuhauser reported on the meeting in Washington, D.C. with the Revenue Sharing Task Force. She.also called attention to a meeting she attended in Burlington concerning the high cost „f nrnviaina secnndary sewage treatment. Councilman Selzer requested establishment of a "master list" of agencies, Boards and Commissions, Chamber of Commerce, League of Women Voters, Professional organizations, service clubs, neighborhood groups, and others. When a new ordinance or ordi- nance revision is being considered, these groups would be in- formed and Council would get their input. Councilman Foster called attention to the item on the ag indicating Council may adjourn to Executive Session for discu sion of the recent rulin handed down b the court dealingwi the Urban Renewal lawsuit. He said his feelings were that th should be discussed in open session. City Attorney Hayek re- sponded decisions are difficult to make in open session, when Page 3 0 • Council Activities May 4, 1976 you need to fully and frankly discuss the ramifications and Potential actions of various parties involved and what they are going to do, especially if they are going to read or hear about it from the news media. After further discussion, Mayor Neuhauser asked that a motion be made to discuss this item at this time. There was no motion. s. Annie Warner. Beverly Horton, Shelter -7 master, explained the problems involved and actions taken. Persons appearing that had been bitten by the dog were: Tim Kelly, 100 E. Church; Barbara Oakley, 120 N. Gilbert; and Police Officer Steve Heath. Harold Wesley, California Ave., told of his son's experience of being bitten by a dog (not the one in question). Richard Magino explained the dog "Hobo" had chased his chickens. Those appearing supporting not destroying the dog were: Marta Bartlet, 19 Forest View; Ann Warner (owner of the dog); Linda Hoff, South Capitol St.; Craig Curry, 528 South Capitol; and John Tinker, North Liberty. Lea Odkin,. Kalona, requested that the dog be allowed to stay with her in the country. Mayor Neuhauser declared the hearing closed. It was moved by Balmer and seconded by Vevera to adopt the Resolution. After further discussion, Councilman Vevera called for the question. Roll call: Ayes: deProsse, Neuhauser, Vevera, Balmer. Nays: Foster, Perret. Councilman Selzer Out -of room. Motion adopted, 4/2. Roll No. 76-129 allall— adoption of the R cnlnf, ra, recorded"a RPs Boo_ k 35, aae tion of th156 the De ruce Animal. Ayes: Foster, Neuhauser, Veve Balmer, deProsse. Nays: Perret. Absent from room: Selzer. Councilman Balmer asked what effect the court decision would have on HCDA funds. The Mayor indicated the City Mana- ger would contact HUD tomorrow and HUD will advise us what can be done. city Manacrer Berlin reported that HUD has approved an d r t incor orate those increasessint000ur Housingaand motion should be made to accept them. It was moved by Foster and seconded by deProsse to accept the revised eligibility income figures for Section 8 Housing. Motion adopted, unanimously. Mr. Berlin alsp called attention to discussion in Informal Session of May 3 which dealt with allocating a portion of the balances of Fy '76 HCDA funds for(1) ) Unit and 2 , $500 - Police Explorer ( ) $2 000 - Johnson CountyCouncil on Aging. He noted a letter had been received from Mary Rock, Board Of Direc- tors of the Johnson County Council on Aging. Mayor Neuhauser requested that a motion be placed before Ju next week. Council concerning this It Public Hearin was held on the destruction of the dog named Hobo" owned b M s. Annie Warner. Beverly Horton, Shelter -7 master, explained the problems involved and actions taken. Persons appearing that had been bitten by the dog were: Tim Kelly, 100 E. Church; Barbara Oakley, 120 N. Gilbert; and Police Officer Steve Heath. Harold Wesley, California Ave., told of his son's experience of being bitten by a dog (not the one in question). Richard Magino explained the dog "Hobo" had chased his chickens. Those appearing supporting not destroying the dog were: Marta Bartlet, 19 Forest View; Ann Warner (owner of the dog); Linda Hoff, South Capitol St.; Craig Curry, 528 South Capitol; and John Tinker, North Liberty. Lea Odkin,. Kalona, requested that the dog be allowed to stay with her in the country. Mayor Neuhauser declared the hearing closed. It was moved by Balmer and seconded by Vevera to adopt the Resolution. After further discussion, Councilman Vevera called for the question. Roll call: Ayes: deProsse, Neuhauser, Vevera, Balmer. Nays: Foster, Perret. Councilman Selzer Out -of room. Motion adopted, 4/2. Roll No. 76-129 allall— adoption of the R cnlnf, ra, recorded"a RPs Boo_ k 35, aae tion of th156 the De ruce Animal. Ayes: Foster, Neuhauser, Veve Balmer, deProsse. Nays: Perret. Absent from room: Selzer. Page 4 Council Activities May 4, 1976 Resolution adopted 5/1. After a request to delay the execu- tion, it was moved by Foster and seconded by Perret to re- consider the Resolution and delay action for 48 hours. Roll call: Ayes: Perret, deProsse, Foster. Nays: Neuhauser, Vevera, Balmer. Abstain: Selzer. Motion failed, 3/3. It was moved by Selzer and seconded by Balmer that the rule requiring that ordinances must be considered and voted for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, that the ordinance,, Rezoning a 12.9 Acre Tract of Land from R1A to RIB for Frantz east of Sycamore Street be voted upon for final passage at A this time. Roll call: Ayes: Neuhauser, Selzer, Vevera, Foster, Balmer. Nays: deProsse, Perret. Motion failed, 5/2 (extra- ordinary vote was required). It was moved by Foster and sec - vote for passage. Roll call: Ayes: Perret, Selzer, Vevera,y' 9 Balmer, Foster, deProsse, Neuhauser. Motion adopted, unani- mously, 7/0. It was moved by deProsse and seconded by Foster that the passage. The question of Councilman Balmer's conflict of in- terest was brought forward. Mayor Neuhauser requested the City Attorney to define what a conflict of interest is. Roll call: Ayes: deProsse, Foster, Neuhauser, Selzer, Vevera, Balmer. Nays: Perret. Motion adopted, 6/1 City Clerk Abbie Stolfus explained the change in' order of Items 13 and 14. After discussion, it was moved by Vevera and seconded by Selzer that the rule requiring that ordinances must be considered and voted on for passage at.two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and that the ordinance for the Planned Area Develop- ment Plan of Part of Lot 23, MacBride Addition', Part 1, be voted upon -for final passage at this time. Roll call: Ayes: Selzer, Vevera, Balmer. Nays: deProsse, Foster, Neuhauser, Perret. Motion failed, 3/4. It was moved by Foster and sec - 7 6 first vote for passage Roll call: Ayes: Vevera, Balmer, cp p deProsse, Foster, Neuhauser, Perret, Selzer. Motion adoyZted, 7/0. Mayor Neuhauser noted Item 14.a. and Item 14.b., Reso- lutions, would-be omitted at this time. It was moved by deProsse and seconded by Perret to ution Nn_ 79-lin4- n__ n....L vc -___ I Page 5 Council Activities May 4, 1976 "j=lk9 Chancres in the Finance Department Barbara Woodward, 627 Orchard Street, member of,Human Relations Commission, appeared presenting a statement regarding the Affirmative Action Policy for the City of Iowa City. It was moved by Perret and seconded by deProsse to receive and file the statement. Motion adopted, unanimously. Rev. Welsh appear- ed for discussion. Roll call: Ayes: deProsse, Foster, Neu- hauser, Perret. Nays: Balmer, Selzer, Vevera. Resolution adopted. 4/3. It was moved by deProsse and seconded by Perret to adopt Resolution No. 76-131_, recorded in Res. Book 35, page 158, Accepting Street_ Improvements on Woodside nriuP Fin,Tth �F TT.,4- v_ersicv Lake Addition Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Nays: none. Resolution adopted, 7/0. It was moved by Balmer and seconded by Selzer to adopt ution No. 76-132 recorded in Res. Book 35, page 159-160, vinq plans. Specifications Contract and Estimated Cost �U,. L-ue r z -.ii b.r_urry heal Pro-ject. Roll call: Ayes: Foster Neuhauser, Perret, Selzer, Vevera, Balmer,-deProsse. Nays: none. Resolution adopted, 7/0. It was moved by Foster and seconded by Vevera to adopt Resolution No. 76-133, recorded in Res. Book 35, page 161-162 Approving Contract for Leqal Service with the Citv Attnrrv i Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse, Foster. Nays: none. Resolution adopted, 7/0. Co'3 It was moved by deProsse to adjourn the meeting, seconded by Perret. Roll call: Ayes: Perret, deProsse, Foster. Nays: Selzer, Vevera, Balmer, Neuhauser. Motion failed, 3/4. It was moved by Balmer and seconded by Selzer to adjourn to executive session to discuss litigation on Urban Renewal. John Morrissey requested the City Attorney cite the Code Section applicable for executive session. Attorney Hayek read from Section 28n of the State Code. Mayor Neuhauser suggested if Councilmembers wished to be informed of what is taking place, they could con- tact the City Attorney individually. Roll call on the motion to adjourn to executive session: Ayes: Selzer, Vevera, Balmer. Nays: deProsse, Foster, Neuhauser, Perret. Motion failed, 3/4. It was moved by Foster and seconded by Vevera to adjourn the meeting at 9:55 P.M. Motion adopted, unanimously. Mayo:: City Clerk of Iowa City DATE: April 30, 1976 TO: City Council FROM: City Manager RE: Material in Friday's Packet Chapter 3.38, Forestry, of the Municipal Code. �7J Memorandum to City Council from City Manager regarding evaluation. bN Mlemorandum to City Council from Director of Community Development regarding/ 97 Finkbine Commuter Bikeway Project. Invitation from Robert Lucas School to City Council. Oy Copy of letter to Mr. Wilbert Frantz from City Manager regarding zoning &6q ordinance. Memorandum to City Manager From Director of P blJ Works regarding stop signs at Western and California. l Memorandum to City Manager from DiStor of Public Works regarding Park Road Bridge deck repair project. 6-(// Minutes of Staff Meeting, April 28, 1976. (p la Copy of letter to Mr. Dick Plastino from Department of Transportation regarding locks and Dam #26. Calendar for the month of May, 1976. Memorandum from Director of Human Relations regarding Prohibited Practice . (V 7 Complaint.along with Application for Preliminary Investigation and Motion to Dismiss written by Assistant City Attorney. Minutes of Facility Plan Citizens Committee meeting of March 24, 1976. �///15 Memorandum from Citizens' Advisory Committee regarding comprehensive project Z & Information regarding Senate Bill One. Transient Services Project Report. Interagency Newsletter. >W— i 0 COUNCIL MEETING OF ORDINANCE - RESOLUTION - AGREEMENTS CONTRACTS ROUTING NUMBER - Index Originals Copies -other L. 4( lC 0 0 MINUTES OF OFFICIAL ACTIONS OF COUNCIL MAY 4, 1976 7:30 P.M. The cost of publishing the following proceedings and claims is $ Cumulative cost to date during this calendar year for said publication is $ The Iowa City City Council met in Regular Session on the 4th day of May, 1976, at 7:30 P.M., in the Council Cham- bers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. Mayor Neuhauser made the following proclamations: May 9-15, 1976, as National Police Week and May 5, 1976, as Na- tional Law Day; May 8, 1976, as Gil and Naomi Voss Day, May 9-15, 1976, as Small Business Week; and May 4, 1976, as Chauncey Swan Day. Moved by Balmer and seconded by deProsse that the follow- ing agenda items and recommendations in the Consent Calen- dar be approved and/or adopted as amended: Reading of minutes of official actions of Council meeting of April 13, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: City/Univ., 3/31/76; Riverfront Comm., 4/22/76; Parks and Rec. Comm., 4/14/76 Resolutions: Resolution No. 76-128, recorded in Res. Book 35, page 155, approving Class C Beer Permit applica- tion for A & V Pizza Villa, 531 Kirkwood Avenue. Correspondence: Letter from City Attorney regarding 1976 General obligation Bond authorization. The motion was approved by the following roll call vote: Ayes: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Nays: none. Page 2 Official Council Actions May 4, 1976 Moved by Foster and seconded by Balmer to refer the Reso- lution amending Resolution No. 76-148, by Altering the Member- ship of the Riverfront Commission, to the Rules Committee for a report back next week. Motion adopted, unanimously. Moved by deProsse and seconded by Perret to approve the Mayor's appointments to the following Boards and Commissions: Dr. Robert Ogeson, 305 Woodridge, to the unexpired term on the Planning and Zoning Commission, term to expire 5/1/78; and John Kammermeyer, 2 Woolf Avenue, and Juanita Vetter, 3011 Brookside Drive, to fill the full terms, expiring May 1, 1981; Jim Harris, 219 Ronald Street, to fill the unexpired term on the Johnson County Regional Planning Commission, term expiring June 1, 1978; and Stephen Lombardi, 5310 Westlawn Residence Hall and Barbara Bouschlicher, 2027 Taylor Drive, to fill the vacancies on the Housing Commission, terms expiring May 1, 1979. Motion adopted, unanimously. Councilman Foster called attention to the item on the agenda indicating Council may adjourn to Executive Session for -discus- sion of the recent ruling handed down by the court dealing with the Urban Renewal lawsuit. He said his feelings were that this should be discussed in open session. City Attorney Hayek re- sponded decisions are difficult to make in open session, when you need to fully and frankly discuss the ramifications and potential actions of various parties involved and what they are going to do, especially if they are going to read or hear about it from the news media. After further discussion, Mayor Neuhauser asked that a motion be made to discuss this item at this time. There was no motion. City Manager Berlin reported that HUD has approved an in- crease in the eligibility income for Section 8 Housing, and in order to incorporate those increases into our policy, a motion should be made to accept them. Moved by Foster and seconded by deProsse to accept the revised eligibility income figures for Section 8 Housing. Motion adopted, unanimously. Public Hearing was held on the destruction of the dog named "Hobo", owned by Ms. Annie Warner. Beverly Horton, Shelter - master, explained the problems involved and actions taken. Persons appearing that had been bitten by the dog were: Tim Kelly, 100 E. Church; Barbara Oakley, 120 N. Gilbert; and Police Officer Steve Heath. Harold Wesley, California Ave., and Richard Magino also appeared. Those appearing supporting not destroy- ing the dog were: Marta Bartlet, 19 Forest View; Ann Warner (owner of the dog); Linda Hoff, South Capitol St.; Craig Curry, 528 South Capitol; and John Tinker, North Liberty. Lea Odkin, Kalona, requested that the dog be allowed to stay with her in 0 0 Page 3 official Council Actions May 4, 1976 the country. Mayor Neuhauser declared the hearing closed. Moved by Balmer and seconded by Vevera to adopt the Resolu- tion. After further discussion, Councilman Vevera called for the question. Roll call: Ayes: deProsse, Neuhauser, Vevera, Balmer. Nays: Foster, Perret. Councilman Selzer out of room. Motion adopted, 4/2. Roll call on adoption of the Resolution No. 76-129, recorded in Res. Book 35, page 156, Authorizing the Destruction of the Animal. Ayes: Foster, Neuhauser, Vevera, Balmer, deProsse. Nays: Perret. Absent from room: Selzer. Resolution adopted, 5/1. After a request to delay the execu- tion, moved by Foster and seconded by Perret to reconsider the Resolution and delay action for 48 hours. Roll call: Ayes: Perret, deProsse, Foster. Nays: Neuhauser, Vevera, Balmer. Abstain: Selzer. Motion failed, 3/3. Moved by Selzer and seconded by Balmer that the rule re- quiring that ordinances must be considered and voted for pass- age at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, that the ordinance, Rezoning a 12.9 Acre Tract of Land from R1A to R1B for Frantz Construc- tion Company, located south of Highway 6 By -Pass and east of Sycamore Street be voted upon for final passage at this time. Roll call: Ayes: Neuhauser, Selzer, Vevera, Foster, Balmer. Nays: deProsse, Perret. Motion failed, 5/2 (extraordinary vote was required). Moved by Foster and seconded by Balmer that the ordinance be considered and given first vote for pass- age. Roll call: Ayes: Perret, Selzer, Vevera, Balmer, Foster, deProsse, Neuhauser. Motion adopted, unanimously, 7/0. Moved by deProsse and seconded by Foster that the ordinance to Revise the Amortization Schedule for Removal of Non -Conform- ing Signs be considered and given first vote for passage. The question of Councilman Balmer's conflict of interest was brought forward. Mayor Neuhauser requested the City Attorney to define what a conflict of interest is. Roll call: Ayes: deProsse, Foster, Neuhauser, Selzer, Vevera, Balmer. Nays: Perret. Mo- tion adopted, 6/1. After discussion, moved by Vevera and seconded by Selzer that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and that the ordinance for the Planned Area Development Plan of Part of Lot 23, MacBride Addition, Part 1, be voted upon for final passage at this time. Roll call: Ayes: Vevera, Balmer, deProsse, Foster, Neuhauser, Perret, Selzer. Motion adopted, 7/0. Mayor Neuhauser noted Item 14.a. and Item 14.b, Resolutions, would be omitted at this time. Page 4 Official Council Actions May 4, 1976 Moved by deProsse and seconded by Perret to adopt Reso- lution No. 76-130, recorded in Res. Book 35, page 157, Amend- ing Salaries and Compensations for Classified Personnel, Resolution No. 75-183, and Providing for Various Position Changes in the Finance Department. Barbara Woodward, 627 Orchard Street, member of Human Relations Commission, appeared presenting a statement regarding the Affirmative Action Policy for the City of Iowa City. Moved by Perret and seconded by deProsse to receive and file the statement. Motion adopted, unanimously. Rev. Welsh appeared for discussion. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret. Nays: Balmer, Selzer, Vevera. Resolution adopted, 4/3. Moved by deProsse and seconded by Perret to adopt Resolu- tion No. 76-131, recorded in Res. Book 35, page 158, Accepting Street Improvements on Woodside Drive South of University Lake Addition. Roll call: Ayes: deProsse, Foster, Neuhauser, Perret, Selzer, Vevera, Balmer. Nays: none. Resolution adopted, 7/0. Moved by Balmer and seconded by Selzer to adopt Resolu- tion No. 76-132, recorded in Res. Book 35, pages 159-160, Ap- proving Plans, Specifications, Contract and Estimated Cost for the FY '77 Slurry Seal Project. Roll call: Ayes: Foster, Neuhauser, Perret, Selzer, Vevera, Balmer, DeProsse. Nays: none. Resolution adopted, 7/0. Moved by Foster and seconded by Vevera to adopt Resolu- tion No. 76-133, recorded in Res. Book 35, pages 161-162, Approving Contract for Legal Services with the City Attorney in connection with the Urban Renewal -Eastham suit. Roll call: Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, deProsse, Foster. Nays: none. Resolution adopted, 7/0. Moved by deProsse to adjourn the meeting, seconded by Perret. Roll call: Ayes: Perret, deProsse, Foster. Nays: Selzer, Vevera, Balmer, Neuhauser. Motion failed, 3/4. Moved by Balmer, and seconded by Selzer to adjourn to executive ses- sion to discuss litigation on Urban Renewal. John Morrissey requested the City Attorney cite the Code Section applicable for executive session. Attorney Hayek read from Section 28A of the State Code. Mayor Neuhauser suggested if Councilmembers wished to be informed of what is taking place, they could con- tact the City Attorney individually. Roll call on the motion to adjourn to executive session: Ayes: Selzer, Vevera, Bal- mer. Nays: deProsse, Foster, Neuhauser, Perret. Motion failed, 3/4. Moved by Foster and seconded by Vevera to ad- journ the meeting at 9:55 P.M. Motion adopted, unanimously. ® 0 Page 5 Official Council Actions May 4, 1976 A more detailed and complete description of activities of Council available in the City Clerk's office. Mayor City Clerk 0 0 k� h J - •Agenda -` Regular Council Meeting May 4':1976 7:30 PM Page 3 Item No. 6 - CITY COUNCIL APPOINIMMrs. a. Consider appointment.to fill::one unexpired .tern terms on the Planning ;and Zoning Commission ActlOQ1: evdr. 5e -�S.pof vvt A...t_ et. Sou �000Kri(ie:� b. Consider appointment. to fill taiexpired term,t Regional Planning Commission. Action: C. -Consider appointments to fill two vacancies on Commission. •. Action: S,g/U W+stln..�r Rca tla(1 �oz-/_.T.iy/o,r 9 �� 3 - I P" 411 Item No. 7 - CITY_COUNCIL INFORMATION. ler- 3C.(Z F� -r� �e i�,JI•so�. A Vpv l tS `LA",P r� , _ Item No. 8 - REPORT CN ITEM5 FRCM THE CI1'Y�M4NAGBR AND CITY ATrM a. City ManrjeJr \ i S _ .. -... ....- '. _.- ... u •v.. ...lie/ ♦•.�_i:J'! t oz=: z 1 •� i �`o�/ t7 S i Y S t�: � G�fTn^- Yw L 1 J t' i 1 �)�t „ J 'jA,f i✓ � C.. 1r�1+ �-r _t f•�-y`.i _ l.0"%'tLsJL'W--wrt _ ' p R +w� _ ___._ _.-t•CZ. r O'Y.Ga_O,= 'i J 4f _ _ _�r f ��-1... __ - r �y 40 _ 1 j. 1 t-'/1,.�/((�c -. f :' ��f Irl _�� ♦t-t",�} � ..]' _'W/f/� -- y�1•�Lt--tiL^._ zG'�..'-_ f/} O� .�e�yya 1 Y __<".. rr j` / (/ � 001•-^ � y .. �� � F t 3 'r �stR a - { � 1. i • � S • _ _ —. n� ,.,,,� � t/'.-'�–C.� �,(.•-e--4�-4� � e�>JP��•U_+„� _YAR ' 't' ��/ ��� ��_�- _ �P�,i3--tri :r.�� U_*-.r.-_�. •`t_� �_. •.._ - - �\ J 1 J y m 1 f d / (��__ � `-��+-_ t f. to �r t _�' • 'v1" l� a�-�a-¢... c� 9. � . � c,� i� ` - '` -- y z ._. _. 7 ryla � � u t f✓ i ��: i - ''l..l!": f.r;. v. <... e:i t __ A -. :+..rf .[,J ."•'�J ��,�k 5...2 ty�&„iw-�����^•' �*���JJ,,'��-,, `2a`1��1.��-''��2j]]j `•1 . S.R._ a4CmIL!�F. Agenda Regular. Council Meeting ;. • May 4, 1976 7:30 PM Page S . I;. Item No. 12 - CGNSIDER ORDINANCE TO REVISE THE AMORTI: NONCONFORMING SIGNS. (First considerat: Comment: .The Planning and Zoning Commission'.at'a -- April`l',1976`recomnended-by a 6`,to 0' ordinance which, would extend. the period signs:must be.removed from three.years',-'; majority opinion of ,the Sign'R,eview:Com period oftimewould allow businesses` value'and that the: period should be.'ext existing amortization period on Septemb on this item was held April' -27'1976 Action. iflo I �'o sTllwLi aid Neu Go e� Item No. - �*. CONSIDER RESOLUTION APPROVINGA PItEIIMI RESIDEIMAL-DEVEIAPMEnz PLAN AND A'.'PEPL 47 MACBRIDE`ADDITION ,PART.1. S 7604:` ,' Comment: .The applicants, M.C. Mooreand" D. C. s, Sha preliminary and final Planned Area"Deve • Residential; Development plan, andrep .a :of MacBride_ Addition, Partl The`:firs ordinance to approve the'PAD plan will_, 14. `.The• applicants: (- J � -.�, i yt��� :. r/ir'P �-.'�---�. Y -:_a!', •j•'7h2�L-J -"-vim — __ � ...:.. < J l'- Cr t D A FEDERAL BILL LIMB" OUR FREE 45 SENATE GILL ONE: Congress, is supposedly �1O considered by federal law. While Senate Bill One. a bill now bel of existing or thrust is its attacks on civil a "revision, update and codification" considered by it does codify federal law, its major rights. The bil0 einJohn Mitchell, Jo n liberties and basic democratic he %%assistance assed Congress was constructed with the These individuals hove P Dean, and other Watergate criminals• owerful social forces originally from the scene. but the finuncialllt today. behind the bill are still P -- "Aoc TNF PRESS �_1 LIMITS FREEDOM OF SPEECH pWu mac""""- " would be further limited "freedom of the press.reasons of national Under S-1 the already suppression of the news of the Pentagon constricted by recluded p political security. This law wo41d have p Papers and data concerning the alleged slofiCam odia in 1972• assassinations or the "secret bom bin9 LABOR STRIKES 5 1 WOSE FBI_CAR44iOST ��— es 10 or more Persons whose conductmight defining a riot, ht impede governmental such an 5-1 does this by to proQerty or which mfg result in damage" riot' is $500,000 for indlvidunjsonsBoPthnuniongofficials The penalty articipatin9 nr end 000 for p action, plus $100, articlpatad in the anti - rank -and -file members would be held accountable for sucWO id --ha 8e on • and eo le who p 1970 s Under 5-19 the thousands of P P '3_30 years in Prison and $100,000 civil rights demonstratlonsu P',theby s an( been committing a felonymilltnrY effectiveness of the United States." fine for impairing ; in by allowing 48 hour "emergency wiretaps WARRAWTLESS WIRE(APS PERIAITTEO cooperate assistance of andlorGs phone companies andcompensationofor such This law also broadens wiretapping providing and compels the the government+ forthwith with rather serves the interests of cooperation. quo -- collar crime, but inter - S -1 does not touch white arson dlssntisfied radicals{tthose ofauss big business. S-1 attacks any p convicts, ut overnmental activities, costsll news reporters, union members, ex" rotest rising ested.in acquiring accurate information retsoto p and even housewives picketing P varying S-l-i,s an organMa izosjtlonfton5enateaBilltone in contact The Committee to Sta age inst S- po i0 al persuIs ons do eoritooJolnpus 1n organizing entirety. For informs TIM HAWKS 351-G075 STEVE MCDOWELL 338-2338 AtiDR or Senator Write to your Congresspersonr changes ro osed and will be mains the same, and must the bill's substance re NOTE: Although some minor in S-1 have been P discussed in the future, be defeatedl ,vHow YouR opposition tol j H N&T at the CITY COUNCIL MEETING Cc7u St jpW AF STRENGTH THROUGH OUR NUrseW, AND VIGOROUS OPPOSITION T0, CITY COS-1, ME WILL DEMONSTRATE THAT THE CITIZENS -OF IOWA CITY WILL NOT PERMIT THIS REPRESSIVE BILL TO BEOOME LAW %uP,sclay, qay C! c �• • Gtr/ coup4 cC �T a k�, a �tarld cc/ cou fio +T"a � � favor The COMMITEE TO STOP S" 7 CIVIC. CENTER 41O E.WASHINGTON STIOWA CITY. IOWA I=Q I. Iv I3191 3W80O PAYOR YMV NEUMAUEER COUNCIL MEMBERS AMN EILLYER CAROL Mona U F. FOSTER DAVID FERRET "X SEUIR ROSERTVEVSRw PROC LAh1ATI0N WHEREAS, the week of May 9 - 15, 1976, has been designated as National Police Week, and WHEREAS, Wednesday, May 5, 1976, has been designated as National Law Day, and WHEREAS, respect for law and the preservation of freedoms and liberties • guaranteed by the Constitution of the United States and the Constitution of the State of Iowa are the basis of personal and collective liberty to be strengthened and enforced by all Police Officers and public officials of the City of Iowa City, NOW, THEREFORE, 1, MaAy C. Neuhau6en., Mayon 06 Iowa City, Iowa, do he)Leby pnocta.im .the ween. o6 May 9 - 15, 1976, as .the ZocaZ ob6eA.vanee 06 National- PoP,i.ce Week and the day o6 Wedneeday, May 5, 1976, as the £ocaC obzekvanee 06 Nat.ionaE Law Day, and urge a.CC citizen .to join .the Iowa City PoZi.ce Department and .thein. City Govehnment, and aCt inteAe6-ted cfti.zenz .in the appnopn.iate ob6ertvanee 06 .theee evewtb. Lti Q. �4'pj.dw. -z'Ll ayon J Dated in Iowa City, Iona, • .th,ia 4th day o6 May, 1976. MAYOR MARYNEUHAUSER COUNCIL MEMBERS ANN BA W ER CAROLWROSSE L P. FOSTER DAVID PERRET MAXSEUER ROBERT VEVERA • ./(//^�/// /JI// �� CIVIC CENTER mel asa.leoSoH INCT OH Si. IOWA CITY,IOWA 5220 P R O C L A M A T I O N WHEREAS, Gil and Naomi Voss unselfishly offered help and care to hundreds of alcoholics and their families in this comunity for many years until the death of Gil Voss in 1972, anmd WHEREAS, on Saturday, May 8, 1976, Naomi Voss will return to Iowa City to participate in rededication ceremonies at the Gil and Naomi Voss Recovery House, marking nearly five years Of significant service to men recovering from the illness Of alcoholism, and WHEREAS, it is most fitting to extend the warmest expression of gratitude and to welcome Naomi Voss to Iowa City, NOW, THEREFORE, I, Matey C. Neuhauhea, Mayon o6 IOM City, Iowa., do heAeby rycoctaim May 8, 1976, as GiQ and Naomi Vodd Day in .the Clay o6 Ioaxe, City 10m.' h a yore t I `J Dated .in Iowa City, IOLVa VaA 4.th day o6 May, 1976. /�///�/)/)• ^{////^/• CIVIC CENTER 41O E.WASHINGTON ST. • � �\ /I ////((��,�J//' ��/, '..ry- �/ /� '/q IOWA CITY.IOWR SYIW MAYOR MARY NEUHAUSER COUNCIL MEMBERS AMN BA W ER CAROLeMROSSE I_ F. FOSTER DAVID FERRET MAX SELEER ROBERT VEVERA P R O C L A M A T I O N WHEREAS, in the Bicentennial Year we are especially proud of the initiative, self-reliance and innovative achievements which have marked the contributions of small business men and women to our country's progress since the early days of the republic, and WHEREAS, today, more than ever before in our history, the small business sector is the foundation of America's free enter- prise system and is essential to our continued leadership in the free world, and WHEREAS, small businesses provide a livelihood for 1.00 million Americans, embrace 9.4 million enterprises, employ 55 percent of the private labor force, and produce about 48 percent of the gross business product, NOW, THEREFORE, 1, Many C. Neuhau6ert, Mayoa. o6 .the City o6 Iowa City, Iowa, do hereby pAoctaim .the week o6 May 9 - 15, 1976, as SmaZE Bu6.ine66 Week, and I urge aU eitizen.6 .to join me in .thi,6 6peciat th.ibute. Dated .in Iowa City, Iowa, ,this 4th day o6 May, 1916. 0 ayoh • 0 COMMERCCq • �0 ^ CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 522Q IW WW - MAYOR MARY NEUNAUSER COUYCIL YEYPERS JOHN 9ALIPFR L. V. TOSTEN DAV IO FERRET WXR ROBERT TVEVVEVFRA P R O C L A M A T I O N WHEREAS, Chauncey Swan was,for his '7mown integrity and weight of character#' appointed by Robert Lucas, first governor of Iowa, to the commission for determining the seat of govern- ment for the territory of Iowa, and WHEREAS, Chauncey Swan selected the site of Iowa City, and WHEREAS, on the fourth day of May, 1839, Commissioner Chauncey Sloan, and Phillip Clark and John Ronalds officially located the seat of government of the territory of Iowa in Iowa City, marking the site by a stake driven into the ground about where Old Capitol new stands, NOW, THEREFORE, I, AWAY C. NeuhaudeA, Mayo& 06 .the City o6 Iowa city, Iowa, do p&ocQaim May 4, 1976, .to be obwtved as Cluuuieey Swan Day and catt upon ;t. ci tizen6 .to 6e mind6uZ 06 .the dynamZc teadv t6hip Chauncey Swan p&ov.ided dwc,i.ng ,the ea4tt( deveeopment o6 ou& eonvnunity. In .th A Bicentenn.iat yeah o6 1976, we diAect 6peciaZ Aecogn.i tion .to Chauncey Swan 6o& .the vi6.ion and peuonat 6uppont he paov.ided 601L .the e6zabtCizhment .in 1840 06 OuA now no.ta6te hi6-toA.ic tandma&ha _ the location and d1Aecti.on o6 .the cone.tAuction o6 OPd Capdtot and .the choice o6 6.i to and puAchahe o6 tand 6o& .the 6uitding 06 .the FiA6t P&esbyteA,ian Chu&ch. UAL; L; I /'I I f Mayon it Dated .in Iowa Ci ty, Iowa thZ6 4th day o6 &fay, 1976. MINUTES OF OFFICIAL ACTIONS OF COUNCIL APRIL 13, 1976 7:30 P.M. The cost of publishing the following proceedings and claims is $ Cumulative cost to date during this calendar year for said publication is $ The Iowa City City Council met in Regular Session on the 13th day of April, 1976, at 7:30 P.M. in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. Nancy Seiberling appeared presenting a report from the Steering Committee of Project GREEN regarding the progress of planting plans for 1976. Moved by Foster and seconded by Perret to receive and file the correspondence. Motion adopted, unanimously. Mayor Neuhauser proclaimed the week of April 18-24, 1976, as Private Property Week. The Mayor noted the Consent Calendar would be amended by the addition of a Resolution approving Class C Liquor License Application for Boulevard Room. Moved by Balmer and seconded by Selzer that the following agenda items and recommendations in the Consent Calendar be approved and/or adopted as amended: Reading of minutes of official actions of Council meeting of March 30, 1976, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Planning and Zoning, 4/1/76. Resolutions: Adopt Resolution No. 76-103, recorded in Res. Book 34, page 126, approving Cigarette Application for Richard D. Hobbs, dba/Dick's Texaco, 301 Kirkwood. Adopt Resolution No. 76-104, recorded in Res. Book 34, page 127, approving Class C Liquor License for Eugene W. and Ethel Madison dba/Boulevard Room, Ltd., 325 E. Mar- ket St. Correspondence: is Letter from Rebecca and bottle litter. for reply. Sue Siegler regarding pop/beer can Referred to the City Manager's office • Page 2 0 0 Council Minutes April 13, 1976 The motion was approved bythe a 0110111rret11Scall ,otevera. Balmer, deProsse, Foster, N City Manager Berlin noted the recommendation from P & Z on the application submitted by Home Town Dairies for rezon- ing has been withdrawn. Moved by deProsse and seconded by Vevera to set the Public Hearing on an Ordinance to Revise the Amortization Schedule 0 Por Removal of Non -conforming Signs for April 27, 1976, at unanimously. in the Council Chambers. Motion adopted, Mayor Neuhauser called attention to a letter from Betty Park submitting her resignation from the Board of Adjustment with a recommendation for replacement. The Mayor requested that ad- vertisement for this vacancy begin. Public hearing was held on rezoning a 12.9 acre tract of land for Frantz Construction Co. from RIA to RIB. Councilman Foster expressed concern on storm water run-off. There being no others present to speak, the Mayor declared the hearing closed. • Moved by Foster and seconded by Balmertoadop28, tiResolution No. 76-105, recorded in Res. Book 34, page and Esti- Hearing on Proposed Plans, Specifications, Contract, mated Cost for the FY '77 Slurry Seal Project for April 27, 1976, at 7:30 P.M. in the Council Chambers. Affirmative roll call vote was unanimous, all Councilmembers present; resolution adopted, 7/0. Moved by deProsse and seconded by Selzer toAadopt ptiResllution No. 76-106, recorded in Res. Book 34, page ng provements in the Washington Park Part 9 Subdivision done by Metro Pavers and Knowling Brothers Construction. Affirmative roll call vote was unanimous, all Councilmembers present; reso- lution adopted, 7/0. Moved by Balmer and seconded by Selzer to adopt Resolution No. 76-107, recorded in Book 34, page 130, Accepting Equipment es from Leasing, Inc. Roll deProsse, Foster. caNays: Aynone.NeuhauserSelzer, ve Abstain: Perret.Blmer, Reso- lution adopted, 6/0. Moved by deProsse and seconded by Perreta to131opEstapt Resolu- blish- tion No. 76-108, recorded in Res. Book 34, P g staeesIt ing Policy for the Use of City Vehicles by City Employ was pointed out that the word "area" should be omitted from • Section III of the Proposed Vehicle Policy and should read "out-" side of Iowa City, except at the discretion of the City Manager. Affirmative roll call vote was unanimous, all Councilmembers present; resolution adopted, 7/0. • • Page 3 0 Council Minutes April 13, 1976 Moved by deProsse and seconded by Selzer to adopt Reso- lution 76-109, recorded in Res. Book 34, pages 132 to 134, Disposing of Northeast Corner of Lot 6, Mall 1st Addition to Sycamore Investors, which is in connection with the 1st Avenue Realignment Project. Affirmative roll call vote was unanimous; all Councilmembers present, resolution adopted, 7/0. Moved by Vevera and seconded by Foster to adopt Resolution No. 76-110, recorded in Res. Book 34, pages 135 and 136, Estab- lishing Six (6) additional 2 -hour metered parking stalls on the north side and west end of College Street Bridge and three (3) additional 2 -hour metered parking stalls on the south side, west end on the College Street Bridge. After discussion, Council- man Foster moved the question, seconded by Selzer. Roll call: Ayes: Vevera, deProsse, Foster, Selzer, Balmer, Neuhauser, Perret. Roll call on adoption of Resolution, Ayes: deProsse, Foster, Selzer, Vevera. Nays: Balmer, Neuhauser, Perret. Resolution adopted, 4/3. Moved by Perret and seconded by deProsse to adopt Resolu- tion 76-111, recorded in Res. Book 34, page 137, Regarding the Replacement of Alton Locks and Dam 26 on the Mississippi River. • Those appearing for discussion were James Curtis, 422 5th Ave.; Andrea Hauer, 5624 Kate Daum; and Suzanne Clark, 730 Iowa Ave. Moved by Perret and seconded by Foster to amend the Resolution to add "request additional study of economic conditions" to the third paragraph. Motion adopted, Balmer voting "no", deProsse out of room, 5/1. Moved by Perret and seconded by deProsse to amend the resolution to delete the wording "The suspected deepen- ing of the upper Mississippi channel from 9 foot to 12 or 15 foot will cause severe environmental degradation" and substitute with "WHEREAS the greatly increased volume of barge traffic made pos- sible by the proposed replacement is likely to cause severe environ- mental degradation". Motion adopted, Balmer voting "no", Vevera out of the room, 5/1. Roll call on the motion to adopt the Reso- lution, Ayes: deProsse, Foster, Neuhauser, Perret, Vevera. Nays: Balmer, .Selzer. Resolution adopted, as amended, 5/2. Moved by Perret and seconded by Foster that the correspondence be received and filed. Motion adopted, unanimously. After brief explanation by the City Manager, moved by Foster and seconded by Vevera to approve the application from Northwest- ern Bell for Construction on Highway Right -of -Way for construc- tion of a single duct and one buried cable crossing under High- way #6 at Sycamore Street. Motion adopted, unanimously. Moved by Balmer and seconded by Foster to adjourn the meet- ing at 9:20 P.M. Motion adopted, unanimously. 0 n U • Page 4 0 council minutes April 13, 1976 A more detailed and complete description of activities of Council available in the City Clerk's office. City Clerk Mayor 0 s 0 0 COMPLETE DESCRIPTION APRIL 7:30 0 OF COUNCIL ACTIVITIES 13, 1976 P.M. The Iowa City City Council met in Regular Session on the 13th day of April, 1976, at 7:30 P.M. in the Council Chambers at the Civic Center. Present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. Absent: none. Mayor Neuhauser presiding. Rev. Welsh, 2526 Mayfield Road, appeared concerning an article appearing in the newspaper regarding traffic on Washing- ton Street. He pointed out that procedures need to be estab- lished regarding Washington Street. Mr. Berlin, City Manager, pointed out this matter has come before the Council previously and the traffic plans in the downtown area would be completed. He noted a report would come from the Police Chief if Council desired. Rev. Welsh also called attention to the article re- garding Police enforcement of the bicycle ordinances. Nancy Seiberling appeared presenting a report from the Steer- ing Committee of Project GREEN regarding the progress of plant- ing plans d by Perretto receive 6and lfile sthe vcorrespondence. Motion ed by Foster and eadopted, unanimously. Mayor Neuhauser proclaimed the week of April 18-24, 1976, as Private Property Week. The Mayor noted the Consent Calendar would be amended by the addition Of a Resolution approving Class C Liquor License Application for Boulevard Room. It was moved by Balmer and seconded by Selzer that the following agenda items and recom- mendations in the Consent Calendar be approved and/or adopted as amended: Reading of minutes of official actions Of Council meet- ing of March 30, 1976, subject to correction, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Iowa City Planning and Zoning Commission meeting of April 1, 1976. Resolutions: Adopt Resolution No. 76-103, recorded in Res. Book 34, page 126, approving Cigarette Application for Richard D. Hobbs, dba/Dick's Texaco, 301 Kirkwood. Council Activities Page 2 April 13, 1976 • Adopt Resolution No. 76-104, recordclassedLin Res. Book 34, page 127, approving or License for Eugene W. and 325 Ethel Madiketson dba/ Boulevard Room, Ltd., Correspondence: Letter from Rebecca Sue Siegler regarding POP/ beer can and bottle litter. sThis lettice er has been reply* referred to the City The motion was approved by the following roll call vote: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera. City Manager Berlin noted the re Towne ndation Dairies form rezoning on the application submitted by has been withdrawn. Vevera to It was moven by deProsse an ordinancend t the ins Reviseethe yAmortization eSchaed- Public Hearing signs for April 27, 1976, ule for Removal of Non -conforming d, unanimously. 7:30 P.M. in the Council Chambers. Motion adopte • Councilman Balmer inquired Mr. BerlinCouncil noted discussionwould the Human Services funding. 27th of April. Council concurred. be held informally Councilman Foster and Perret reported on a conference s Sioux City which they and members of the City Staff and Housing Commission attended, which was on Section B, New Housing, Leased Housing and Rehabilitation. park Mayor Neuhauser called attention to a letter from Betty submitting her resignation from the BoardoroTeAuestedethatnt lad a recommendation for replacement. inhe ay also noted the Revenue vertisement for this vacancy beg appropriationsRevenue Sharing Bill has beyears, anddand it that sheseems wouldas if keep Council informed would be for 3 3/4 y of the final results. Councilwoman deProsse referred to an article in the eCedar of Rapids Gazette regarding Cedar Rapids proposing $3.00, with a reduction for elderly and asked that this be in- vestigated. Council concurred. City Manager Berlin asked that each Councilmember contact area legislators this week on (1) the tax bill in the House and (2) the level of municipal assistance. • council Activities Page 3 April 13, 1976 • Public hearing was held on rezoning a 12.9 acre tract of land for Frantz Construction Co. from R1A to RIB.Deforsdis- Kraft, Director of Community Development was present cussion. Councilman Foster expressed con tcern on speak,storm water run-off. There being no others present ayor declared the hearing closed. to dopt It was moved by Foster and seconded by Balmer Book 34, e 128, Setting Resolution 76-105, recorded in Res. Specifications, Contract, and Public Hearing on Proposed Plans, Sp Seal Project for April 27, Estimated Cost for the FY '77 Slurry Council Chambers. ative roll 1976, at 7:30 P.M. in the resent; resolution call vote was unanimous, all Councilmembers p adopted, 7/0. It was moved by deProsse and seconded by Selzer to adopt Resolution 76-106, recorded in Res. Book 34, page 129, Accept- ing Improvements in the Washington Park Part 9 Subdivision done by Metro Pavers and Knowling BrothersConstruction. Affirmative roll call vote was0uunanimous, reso- lution all Councilmembers adopted, It was 0. moved by Balmer and seconded by Selzer to adopt Resolution 76-107, recorded in Book 34, page 130, Accepting • Equipment from Leasing, Inc. Roll call: Ayes: Neuhauser, Selzer, Vevera, Balmer, deprosse, Foster. Nays: none. Abstain: Perret. Resolution adopted, 6/0. onded by Perret to adopt It was moved by deProsse and sec orded in Res. Book 34, page 131, Establish - Resolution 76-108, recof City Vehicles by City Employees. It ing Policy for the Use was pointed out that the word "area" should be omitted from olicy and le Section III of the Propto icthePdiscretionsofutherCity " except of Iowa City, P eared for Manager. Bill Terry, 206 West Park Road, apP discus- sion. Affirmative roll call vote was unanimous, all council - members present; resolution adopted, 7/0. It was moved by deprosse and seconded by Selzer to adopt Resolution 76-109, recorded in Res. Book 34, pages 132 to 134, Disposing of Northeast Corner of Lot 6, Mall let Addition to Sycamore Investors, which is in connection with the let Avenue Realignment Project. Affrmative rolltion calladopvoteed, 7/0 s unanimous; all Councilmembers present, It was moved by Vevera and seconded by Foster to adopt Reso- lution No. 76-110, recorded in Res. Book 34, pages 135 and 136, Establishing Six (6) additional 2 -hour metered parking stalls on the north side and west end of aolegeStreetonrtheesouthtside, (3) additional 2 -hour metered parking stalls west end on the College Street Bridge. Rev. welsh called atten- Ll Page 4 0 Council Activities April 13, 1976 tion to the adopted parking policy. After discussion, Council- man Foster moved the question, seconded by Selzer. Roll call: Ayes: Vevera, deProsse, Foster, Selzer, Balmer, Neuhauser, Perret. Roll call on adoption of Resolution, Ayes: deProsse, Foster, Selzer, Vevera. Nays: Balmer, Neuhauser, Perret. Resolution adopted, 4/3. It was moved by Perret and seconded by deProsse to adopt Resolution 76-111, recorded in Res. Book 34, page 137, Regard- ing the Replacement of Alton Locks and Dam 26 on the Mississippi River. Those appearing for discussion were James Curtip, 422 5th Ave., Andrea Hauer, 5624 Kate Daum, and Suzanne Clark, 730 Iowa Avenue. It was moved by Perret and seconded by Foster to amend the Resolution to add "request additional study of economic conditions" to the third paragraph. Motion adopted, Balmer voting "no", deProsse out of room, 5/1. It was moved by Perret and seconded by deProsse to amend the resolution to delete the wording "The suspected deepening of the upper Missis- sippi channel from 9 foot to 12 or 15 foot will cause severe environmental degradation" and substitute with "WHEREAS the greatly increased volume of barge traffic made possible by the proposed replacement is likely to cause severe environmental • degradation". Motion adopted, Balmer voting "no", Vevera out of the room, 5/1. Roll call on the motion to adopt the Reso- lution, Ayes: deProsse, Foster, Neuhauser, Perret, Vevera. Nays: Balmer, Selzer. Resolution adopted, as amended, 5/2. It was moved by Perret and seconded by Foster that the corres- pondence be received and filed. Motion adopted, unanimously. After brief explanation by the City Manager, it was moved by Foster and seconded by Vevera to approve the application from Northwestern Bell for Construction on Highway Right -of -Way for construction of a single duct and one buried cable crossing under Highway #6 at Sycamore Street. Motion adopted, unani- mously. It was moved by Balmer and seconded by Foster to adjourn the meeting at 9:20 P.M. Motion adopted, unanimously. Mayor 9 City Clerk 1Vvl �. • MINUTES CITY/UNIVERSITY MEETING MARCH 31, 1976 PERSONS IN ATTENDANCE: Ray Mossman,Dick Gibson, Pat Strabala, Richard Plastino, Bill Dnigneau, and Dennis Kraft 1. Traffic signal at the intersection of Woolf and Melrose. A brief recapitulation of previous events on this issue was discussed, and the relevant facts relating to this were that at a special meeting on February 5, 1976, the representatives of the City and the University agreed that the traffic conditions at this intersection did warrant the construction of a traffic signal. It was also decided at that point that if a signal were to be constructed, the University would cover the entire cost because of the financial condition of the City at this time. Mr. Mossman indicated that he was directed by Mr. George Chambers, Executive Vice President of the University, to also discuss this proposed construction with both the City Council of University Heights and the University's Traffic Committee. Mr. Plastino indicated that he would like to study the issue in greater detail before installing the signal. Mr. Mossman indicated • that he thought that regardless of the outcome of the study, a signal would be needed at this intersection and that it would not be counter- productive to take this action at this time. Dir. Daigneau indicated that he believed the signal would increase the safety at the intersection but agreed with Mr. Plastino that it would not solve the traffic congestion problem. University representatives also indicated that the engineering firm of Shive, Hattery B Associates would prepare the design for this intersection and that they would submit it to the City's Traffic Engineer, Mr. James Brachtel, for review and comment. After a discussion of the broader issue of traffic congestion in this part of Iowa City, it was decided that a problem definition statement and a scope of services would be prepared which would allow for a greater delineation of this problem. It was also suggested that the Area Transportation Study recommendations be reviewed and that a meeting would later have to be held between representatives of Iowa City, the University, and University Heights. City and University representatives will work on the preparation of a joint statement of problem. 2. Sewer study. • It was decided that City Finance Director, Pat Strabala, and Mr. Mike Finnegan of the University's Business Office would discuss this item in the near future. Mr. Strabala indicated that as of -2 - this time, the City is still aiming for an August 1 conversion date to the new sewer rates. .1. Urban Renewal land Transaction. it was indicated that the City would be sending a reportthisday to the Department of Housing and Urban Development relative to the land transaction with the University. City representatives indicated that in this report to HUD they would indicate that the money from this land transaction would be paid to the City prior to June B, 1976. (It was indicated that as of this date, the City had contem- plated going to the private market to secure some Urban Renewal financing funds.) City representatives also indicated that it would be desirable to have an early settlement with the University;on this issue. Mr. Mossman indicated that the next step involving the University on this land transaction would be for the State Executive Council to approve the land transaction. Mr. Mossman indicated that the Univer- sity is attempting to receive a decision from the Executive Council by April 15, 1976. Mr. Mossman indicated he would be on vacation during the next month and that any Urban Renewal related contacts that would normally go to him during this period of time should be • made with Mr. Mike Finnegan of his office. 4. Iowa City/Coralville Bikeways Study. It was reported that a dual application is being prepared for the receipt of funds to construct a bikeway between Iowa City and Coralville to run through the University West Campus. The two sources of funding are (1) federal aid to primary road funds, and (2) a demonstration grant from the Department of 'Transportation. Mr. Plastino indicated that the recently adopted Iowa City Capital Improvements Program did not provide for any funding for bikeways earlier than fiscal year 1978. University representatives indicated that they are in the process of preparing another preliminary plan and budget and that the appli- cation is also in progress. The application will be coordinated by and submitted by the City's Department of Community Development. 5. UMTA Grant. It was reported that work on the grant continues and as of the present time, plans and specifications for the purchase of equipment are being drawn up. 6. Emergency Warning System. It was reported by City representatives that the sirens for the • emergency warning system have been received and that at the present -3- 0 time, the City is awaiting the delivery of the controllers. It was also reported that the City's Finance Department is preparing bid specifications. After a discussion on the location of sirens, it was indicated that none of the sirens will be located on the Univer- sity property. University representatives were satisfied with the proposed locations of the sirens. 7. Jefferson Building Vaults. University representatives indicated that they are presently evaluating this situation. Director of Public Works, Dick Paonly indicated that the City Council has authorized the City .to.p y y for the decorative cap on the sidewalk above the vaults. He indicated that this amount would be $3,900 and that this represented the average of the amount of money spent on all of the other properties with vaults. Dennis R. Kraft Director Department of Community Development 40 MINUTES IOWA CITY RIVERFRONT COMMISSION u= APRIL 22, 1976 MEMBERS PRESENT: Bassett, Brandrup, Fahr, Horton, Lindberg, Thayer MEMBERS ABSENT: Hines STAFF PRESENT: Flowers, Milkman GUESTS: Flo Beth E}ininger, Roger Hunt, Kathy Laughman, Mark Rohner RECOMMENDATIONS TO THE CITY COUNCIL: 1. That the Riverfront Commission recommends acceptance of the proposed resolution concerning the altering of the membership of the Commission. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission met in Special Session on April 22, 1976, with Chairperson Fahr presiding. * Horton moved and Brandrup seconded that the minutes of the April 8, 1976, meeting be approved as written. Unanimous. Chairperson Fahr reported that the Park and Recreation Commission voted seven to two in favor of the Riverfront Commission's recommendation for purchase of the Showers property. He also reported that he had gone on a tour of parks with the City Council and that he was not sure that the Riverfront Commission would get the money allocated for riverfront acquisition. He indicated that the money could be used for other purposes. To help promote the purchase of portions of the Showers property, Fahr suggested writing letters to the editors of both Iowa City newspapers and Brandrup suggested that the Commission go back to various community groups as well as University groups such as ISPERG and the Student Senate to explain the proposed plans for the Showers property. Thayer suggested that the Commission get a reporter to write a feature story on these proposed plans and Lindberg responded that Kathy Laughman, a student in geography and journalism, will be writing materials as a class project. Brandrup volunteered to work on public relations and will arrange times and places for personal appearances by. Commission members. Flo Beth Ehninger invited Commission representatives to attend the Project GREEN Steering Committee meeting on April 23 at 12:00 p.m. in the Recreation Center Room A. Roger Hunt of Stanley Consultants discussed the River Corridor Plan for the south end, reminding the Commission that the plan is long—range. Brandrup asked that Milkman talk to Julie Zelenka, Community Relations Specialist, regarding publicity about the proposed plans for the Showers property. n u minutes Page 2 April 22, 1976 on was concerning in newimembers [hatange the appointmentspofntheefourr The proposed resolution Brandrup suggesting be inserted into wording discussed with initially. Lindberg also suggested that from the Select on be staggered b2 to exclude residents of Iowa City and Coralville Thayer moved and Bassett y subsection ro osed for the representatives from Johnson County. * of the process seconded that the Riverfront issof trecommend hemembershipcofttheeCommission.p Unanimous. resolution concerning the altering (See the attached proposed resolution.) suggesting that su88 8 discussed with Bassett and Lindberg d ative The annual canoe trip was ssion the JR Itrwas ealso representatives of gionalounty PlanningservationCommissionnbeiinvited RegionalCommission be invited. County - from the Johnson from t the Park and Recreation members arrive at the Coral - suggested that the it leave the Civic Center at 8:30 a.m. and Transportation will Trans for the start of the trip. ville Reservoir 9:00 a.m. by that he felt that the Riverfront Commission was not considered Commission work on, getting stated Brandrup suggested that the included in the budget. the Staff in the budget process and augg regularly budgeted funds for riverfront acquisition the out that lots were being built close to the river at by the Iowa Natural also pointed Brandrup was permitted Trailer Park and wondered if the building construction. Johnson Council. milkman will investigate the Resourses A t 4.40 p.m - There being no further business, the meeting was adjourne a Respectfully submitted, Ellen R. Flowers Secretary 0 RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 73-148 BY ALTERING THE MEMBERSHIP OF THE RIVERFRONT COMMISSION FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has deemed it in the public interest to establish a Riverfront Commission to assist the City Council in the area of riverfront regulations and policy, and WHEREAS, the City Council has established by Resolution No. 73-148 a Riverfront Commission, its powers, authority, membership and terms of members of said Commission, and WHEREAS, the City Council deems it desirable to expand the membership of said Commission to include persons residing in the City of Coralville and in Johnson County, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. Paragraph 2 of Resolution No. 73-148 be stricken and shall now read: 2. The Riverfront Commission of the City of Iowa City, Iowa, shall consist of eleven (11) members or commissioners. Seven (7) of the members or commissioners must be qualified electors of the City of Iowa City, Iowa; three (3) shall be qualified electors from Johnson County, Iowa, excluding residents of Iowa City and Coralville, and one (1) member shall be a qualified elector of the City of Coralville, Iowa. The Commission members shall be appointed in the following manner: Nine (9) of the members or commissioners, including those from outside Iowa City, Iowa, shall be appointed by the City Council of the City of Iowa City, upon recommendation by the Mayor. Two (2) of the members or commissioners shall be appointed by the City Council of the City of Iowa City, Iowa, upon the respective recommendation of the Planning and Zoning Commission and the Parks and Recreation Commission. All members of the Commissions shall serve without compensation but shall be entitled to the necessary expenses including travel expenses incurred in the discharge of their duties. 2. Paragraph 3 of Resolution No. 73-148 shall be amended to include the following: The term of those members or commissioners who reside outside the city limits fIowa tCitythe s. Iowa, shall be three (3) Y members initial appointments for the three (3)(1) on from Johnson County shall expireDecember 1, 1978, December 1, 197D one (1> on1979* and one (1) on December 1, and seconded It was moved bythat t e Resolution as read be by1 call there were: adopte , and upon ro AYES: NAYS: ABSENT: Balmer dePrOsse Foster -- Neuhauser Perret Selzer Vevera Mayor ATTEST:C Y. City er 0 MINUTES IOWA CITY PARK AND RECREATION COMMISSION RECREATION CENTER ROOM B APRIL 14, 1976 MEMBERS PRESENT: Boutelle, Cilek, Davis, Kelley, Mascher, Powell, Sangster, Stockman, Thayer STAFF PRESENT: Flowers, Hauber, Howell, Lee, Mottet, Schmeiser, Showalter GUESTS: Craig Horton, Elizabeth Hillman, David Lloyd, Sheryl Schulte, S. M. Fahr, Jane Jakobsen, Mark McNeill, Roland Boeding, Leonard Brandrup, Roger Hunt RECOMMENDATIONS TO THE CITY COUNCIL: I. That the banks of the large pond in City Park be stabilized, that the City Engineer consider the idea of a catch basin to raise the level of and to stabilize the large pond, and that the Commission goes on record supporting the filling of the small pond. 2. That the Park and Recreation Commission recommends approval of the Riverfront Commission's recommendation for acquisition of the Showers property. 3. That the Park and Recreation Commission recommends that the extra $50,000 from the FY 76 $195,000 H.C.D.A. allocation for City Park be diverted to the purchase of the Showers property. RECOMMENDATIONS TO THE PARKS AND RECREATION STAFF: I. That the Park and Recreation Commission recommends adoption of the proposed land trade regarding Villa Park. 2. That the Park and Recreation Commission refers the Fees and Charges Report to the Staff for a report in May. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Park and Recreation Commission met in Regular Session on April 14, 1976, with Chairperson Cilek presiding. * Kelley moved and Davis seconded that the minutes of the March 10, 1976, meeting be approved as written. Unanimous. Showalter reported that lie had met further with representatives from Powers—Willis to discuss the preliminary "Ralston Creek Watershed Management Plan as it pertains - to a proposed use of Happy Hollow Park as a storm water detention area. He indicated that the problems anticipated by the proposed use were not as serious as hadoriginally been thought, with most of the land involved in the proposal being the Hayek property adjacent to the park. Boutelle indicated that he understood that any money needed. for any reconstruction of the park would come out of the funds allocated for the Power—Willis study. E Minutes Page 2 April 14, 1976 W] Thayer moved and Powell seconded that the Park and Recreation Commission go on record with a statement that, while the Commission is very concerned about any encroachment on its parks, it is nevertheless also cognizant of the problems that Ralston Creek has presented to the City through the years and, if the only sensible, economic solution to the problem involves utilizing part of Hickory Hill Park as a detention area in times of flood, this Commission would go along with that thinking. Boutelle commented that progress was being made with the people from Powers -Willis and suggested that the Commission hold off on making any recommendations until the Plan is completed. Thayer then withdrew his motion. Cilek asked that Showalter prepare a report on the Ralston Creek situation for the next meeting. Showalter reported on the status of the $195,000 H.C.D.A. allocation for City Park (see attachment). He indicated that the Council had voted against using piling and timbers for pond bank stabilization but that he would propose an alternative of grass paver blocks on the banks of the large pond at an approximate cost of $7,800 for the blocks and $25,000 for the contracted work. He would also propose that:the small pond be filled, as it doesn't have sloping banks and, therefore, it wouldn't be possible to stabilize its banks with paver blocks. Kelley asked about the possibility of either grading the banks or combining the ponds. Showalter responded that neither idea would be practical. He also stated that the large pond would need to be fenced for safety and to aid in programming. Showalter indicated that the Council wants to use the remainder of the City Park $195,000 to construct a focal point in downtown Iowa City. Stockman reported that the Committee on Community Needs had voted to wait on recommending use of the money for the focal point in order to give the Park and Recreation Commission a chance to give other alternatives. Thayer voiced his objection to the procedure for allocation of the H.C.D.A. funds. Showalter suggested that there was a possibility of funding Willow Creek Park tennis courts at an approximate cost of $50,000 and that the Staff is working on other * alternatives to present to the Council. Thayer moved and Mascherseconded that the Park and Recreation Commission recommend that $50,000 of ,the City Park $195,000 of H.C.D.A. funds be allocated for Willow Creek Park tennis courts. Cilek, Kelley, Mascher, Powell, Sangster, and Thayer voted aye with Boutelle, Davis, and Stockman voting nay. Motion carried. The Commission also indicated approval•of the proposed use of grass paver blocks for pond bank stabilization. Kelley moved and Stockman seconded that the Park and Recreation Commission recommend that the banks of the large pond in City Park be stabilized and that the,Commission go on record supporting the filling of the small pond.. Thayer, then moved and Davis seconded that the above motion be amended to state that the City Engineer consider the idea of a catch basin to raise the level of and to stabilize the.large,pond.: The amendment carried with Boutelle, Mascher, Powell, Stockman, and Thayer voting aye and Cilek, Davis, Kelley, and Sangster voting nay. The Commission then considered * the amended motion that the Park and Recreation Commission recommend that the banks of the large pond in City Park be stabilized, that the City Engineer consider the idea of a catch basin to raise the level of and to stabilize the large pond, and that the Commission go on record supporting the filling of the small pond. The motion passed unanimously. 0 • Minutes Page 3 April 14, 1976 Showalter reported that the Parks and Recreation Department was cooperating with City High School with regard to use of the tennis courts at Mercer Park for high school tennis meets. He also reported that garden plot rental at South Hollywood Manor Park would begin on Saturday, April 24, with each plot renting for $2.00. The Department received a request from a group in Des Moines sponsoring bike trip for 2,500 people to use City Park overnight. Showalter indicated that there were not adequate facilities in City Park for this type of use and that he had referred them to several other parks in Johnson County. Showalter announced that the orien— tation tour would be held on Saturday, May 1, from 9:00 a.m. to 12:00 p.m. and asked that interested persons meet at the City Park shop at 9:00 a.m. The use of Parks and Recreation facilities for private gain was discussed with Staff indicating that it would be possible to charge 10-15% of the gross profit made by the individual or group. There was a consensus that the Commission was not opposed to that concept. Thayer moved that the Park and Recreation Commission recommend an appropriate policy of people using Parka and Recreation facilities for lessons, etc., for a fee as determined by Staff. The motion died for lack of a second. Cilek asked Staff to make a recommendation of policy at a later meeting. Betsy Hillman presented a petition with 400 signatures asking for the City to acquire 12 additional acres of land on the east side of Hickory Hill Park. In relation to this request, Don Schmeiser and Jane Jakobsen, a member of the Planning and Zoning Commission, indicated that the Planning and Zoning Commission would like to know if the Park and Recreation Commission is interested in acquiring this land because the Planning and Zoning Commission is currently considering'a request to extend 7th Avenue through Hickory Hill Park. Following further discussion, it was moved and seconded that the Park and Recreation Commission identify the -12 acres of land east of Hickory Hill Park as the area to be acquired with the $75,000 of FY 7.7 H.C.D.A. funds. Kelley and Stockman voted aye, with Boutelle; Cilek, Davis,:Mascher, Powell, Sangster, and Thayer voting nay. Motion defeated. Jakobsen will report back to the Planning and Zoning Commission with the information that the Park and Recreation Commission is not interested in buying the 12 acres at this time. Use of the Recreation Center by a group of beer can collectors for a meeting was discussed, with Lee recommending refusal of the request but indicating that his Staff was not in agreement with him. Powell suggested that the request be approved on a trial basis and there was a consensus d: the Commission that Staff should pro— ceed on the request. Roger Hunt of Stanley Consultants reported on the Riverfront Commission's recommen— dation for acquisition of a south end park with FY 76 H.C.D.A. money. That Commission wants to buy approximately 50 acres of the Showers property from the north end down to the portion now owned by Steven's Sand and Gravel. Showalter's recommendation is to buy part of the Showers property to the north and the wooded peninsula to the west of the river. Thayer moved that the Park and Recreation Commission recommend rejection of the plan presented by Roger Hunt of Stanley Consultants concerning the purchase * of the Showers property. The motion died for lack of a second. Mascher moved and Kelley seconded that the Park and Recreation Commission recommend approval of the Riverfront Commission's recommendation for acquisition of the Showers property. Boutelle, Cilek, Davis, Kelley, Mascher, Sangster, and Stockman voted aye with Powell and Thayer voting nay. Motion carried. 0 Minutes Page 4 April 14, 1976 * Kelley moved and Boutelle seconded that the Park and Recreation Commission recommend that the extra $50,000 from the FY 76 $195,000 H.C.D.A. allocation for City Park be diverted to the purchase of the Showers property. Boutelle.,.Cilek, Davis, Kelley, Mascher, Stockman, and Thayer voted aye with Powell and Sangster voting nay. Motion carried. This action is to supercede the earlier motion regarding Willow Creek Park tennis courts. Davis and Boutelle stated their feeling that the Willow Creek Park tennis courts should be the #2 priority. Powell and Sangster disagreed and stated that they felt the tennis courts should be the 111 priority. Howell reported that the original owner of Villa Park wants to trade an equal part of his land adjacent to the park for a portion of the park (see attachment). Mascher * moved and Boutelle seconded that the Park and Recreation Commission recommend adoption of the proposed land trade regarding Villa Park. Unanimous. * Davis moved and Thayer seconded that the Park and Recreation Commission refer the Fees and Charges Report to the Staff for a report in May. Unanimous. Powell requested that the "C.I.P. Parks -FY 76 $80,000, Suggested Plan of Attack" be attached to the minutes. There being no further business, the meeting was adjourned at 10:05 p.m. 60 Respectfully submitted, Ellen R. Flowers Secretary 0 C.I.P. PARKS -FY 76 $80,000 Suggested Plan of Attack Northeast Park -$4,000 L We have had two (2) neighborhood meetings and have tentatively agreed to do the following: A. Plant 20 shade trees at approximately $50.00 each. We have wholesale bids from: I. Pleasant Valley Nursery, Iowa City; 2. Rose Hill Nurseries, Panora, Iowa; 3. Charles Fiore Nurseries, Prairie View, Illinois; 4. Cole's Nursery, Circleville, Ohio; 5. Wandell's, Inc., Urbana, Illinois. According to the Iowa Nurserymen's Association, there are no nurseries in this drea operated by minorities. B. Purchase the following play equipment and picnic tables by taking competitive bids from manufacturers, including the industry's two (2) biggest companies -Game Time and Miracle: I. Swing set -10', 4 swings $ 400 (approximately) 2. Slide bed -16' $ 400 3. Spring animals $ 220 ( ) 4. Buck -a -bout $ 400 5. Picnic tables (4), grill (1) 460 ( ) $1880 This leaves approximately $1,100 of the $4,000 uncommitted. We will meet with neighborhood representatives in mid-June to decide they best use of the balance of the money. Possibilities include a basketball court at an approximate cost o $1,100 and a shelter costing approximately $700. The labor would be performed by the Park crew. II. Willow Creek Park -$9,500 We have held one neighborhood meeting and have tentatively agreed to do the following: A. Construct an asphalt walk 2,650' long and 5' wide for a nature trail to include a bridge $6500 B. Plant additional plant materials, mostly native species, to compliment existing materials using nurseries mentioned in IA plus others to com- plete proper plant selection $1000 C.I.P. Parks -FY 76 Page 2 C. Purchase play equipment and picnic tables using the same procedure as mentioned in IB: 1. Buck -a -bout 2. Whirl 3. 11 picnic tables @ $100 III. Villa Park -$8,000 $ 400 (approximately) $ 500 $1100 ( ) $9500 $1350 (approximately) $ 650 ( it ) $2000 it) $1000 $5000 This leaves $3,000 of the $8,000 uncommitted for use in the newer part of the park which hasn't been incorporated into the park yet. IV. South Hollywood Manor -$6,000 A. Construct softball backstop, purchasing materials locally B. 2 bleachers -16' long, 5 rows - using same bidding procedures as previously mentioned for play equipment $1000 (approximately) $ 900 ( ) C. Grass seed and fertilizer, to be purchased locally $ 750 D. Play equipment a_ -id picnic tables using same procedures as mentioned in IB: A. Purchase play equipment and picnic Swing -10', 4 swings Climber tables using the same procedure as ( in IB: 1. 2 pieces of wooden play equip- 1 piece wooden play equipment, ment 2. 6 picnic tables, 1 grill B. Plant 40 shade trees using same multi -use procedure as IA at approximately $50.00 each C. Construct gazebo -purchase materials 36" sewer tile for tunnel locally, work to be done by Park crew $ 400 (approximately) $ 500 $1100 ( ) $9500 $1350 (approximately) $ 650 ( it ) $2000 it) $1000 $5000 This leaves $3,000 of the $8,000 uncommitted for use in the newer part of the park which hasn't been incorporated into the park yet. IV. South Hollywood Manor -$6,000 A. Construct softball backstop, purchasing materials locally B. 2 bleachers -16' long, 5 rows - using same bidding procedures as previously mentioned for play equipment $1000 (approximately) $ 900 ( ) C. Grass seed and fertilizer, to be purchased locally $ 750 D. Play equipment a_ -id picnic tables using same procedures as mentioned in IB: 1. 2. Swing -10', 4 swings Climber $ 400 $ 400 ( ) 3. 1 piece wooden play equipment, multi -use $1000 4. 36" sewer tile for tunnel $ 200 5. 3 picnic tables, 1 grill $ 350 ( ) 0 C.I.P. Parks -FY 76 Page 3 E. Trees -plant 20 shade trees at approximately 550.00 each using same procedure as in IA 10 1$ 000 (approximately) $6000 V. Piercer Park Ball Diamond Lights for Diamonds 2 and 3-$52,500 A. Advertise for bids to light these two (2) diamonds, one to be used for softball, the other for Babe Ruth Baseball -distances 275' from home plate to outfield poles. t �?V . `J `1\^ RESOLUTION NO. 76=128 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Victor Vincent Woolums II dba/ A & V Pizza Villa, 431 Kirkwood Lob Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Ral MgZ__ and seconded by dav,„=sv that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre e zer evera AYES: NAYS: ABSENT: x x x x R Passed this 4th day of May , 19 76 WILL J. HAYEK JOHN yW. HAYEK C. PETER HAYEK 0 HAYEK. HAYEK & HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY. IOWA 52240 April 29, 1976 0 L E iri 12 91976 AREA OOOE 019 337-9606 U� The Honorable 1Vlayor and ABBIE STOLFJZS CITY CLERK City Council of Iowa City Civic Center 52240 Iowa City, Iowa Re: 1976 General Obligation Bond Authorization Mayor and Council Members: requested an opinion from At your last City Council meeting you certain questions in connection wit��ct to the con - my office con76 cerning ram, specifically with resp Specifically general obligation bond prop struction of improvements in the downtown Iowa City area. P the questions involved whether or not bonds issued to finance the e/ ed to referendum and secondly a question struction of certai n of the amenities in connection with the Dfrom ropriate time to vote to delete items o College Mall would be subject arose as to the app r projects the program. general obligation bonds to include, among Section 384.24 of the 1975 Code of Iowa as amended defines g and repairing of any "essential corporate Purpose" reconstruction, and repair of traffic other things. "the construction, installation, rovements; the acquisition. connections, street imp the installation of street lighting Section 384. 37(4) control devices; and facilities. ... the construction ofnsidewalks. publicly owned right of way defines "street" to include "a plaza. „ Section 384. 3 or air7o daefines roits of or easemestreet nt within th11 ea L includeththelconstrand street 1 ghting fixtures, "Street improvement tittering. by grading. paving, curbing, g' " connections and facilities. With the above provisions and definitions inti, c Iain exceptions ptions t seems to s that the Dubuquc/Collcge Street Mall project, discussed below. is an essential corporate purpose and that bonds in ithout the necessity of a referen includes a fountain, tot lot, and connection therewith can be issued wum. I note, however, that this mall project ear to be within the public restroom facility. These items do not app may be considered > definition of street improvement given above. They 0 The Honorable Mayor and City Council of Iowa City - 2 - 0 April 29, 1976 as improvements made in connection with the carrying out of the urban renewal project under Chapter 403 and therefore they would be an essential corporate purpose but subject to a reverse referendum under the provisions of Section 384.24(q). In the alternative the Council could consider these items as general corporate purpose items and subject to the regular referendum provisions. What this means is that the fountain, tot lot, and restroom facilities can be built with general obligation essential corporate purpose bonds but if sufficient voters of the community petition for a referendum, a referendum would have to be held. Section 362.4 of the 1975 Code of Iowa provides that such a petition would have to be signed by 10°16 of the persons who voted in the last preceding regular City election. (This would mean approximately 850 signatures would be required). The Council also had a question about the appropriate time to vote to delete or change projects in connection with this bonding program. As I understand it, at the present time the Finance Director is recommending that the public hearing on the question of issuance of these bonds be set for .lune 8th. It would seem to me that it would be appropriate for Council members who have particular projects they wish to have deleted or altered in connection with this program to voice those objections as soon after the public hearing as possible. In fact, I think it would be preferable in terms of scheduling the subsequent proceedings in connection with these bonds to have any motions to delete aspects of the project made and voted upon on the evening of the public hearing, following the hearing. There would be no reason why a Council member could not move to delete aspects of the project prior to the June 8th hearing. I hope that this letter answers the questions that you had about this matter. I would be happy to discuss this further with the Council at your convenience. Respectfully stibmitted, -�A1, - I� o Jo in W. Hayek JWI-I:vb:1 cc: Pat Strabala Neal Berlin Ken llavnie vb 11 0 • CIVIC CEMER.4,0 E. WASHINGTON S1. COMMEOCE • IOWA CIN, IOWA 52240 o G O �j�QLUC�/ 319.3u.,OOD ..MA NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN AppOlNIMWF TO TM FOLLOWING CO MISSICN: PLANNING AND ZONING CO MISSION One vacancy ' Unexpired term ending May 1, 1978 Duties of the Planning and Zoning Commission membrsoincluris� the or causing to be made surveys, studies, maa st plans land outside which whole or any portion of the municipality in the opinion of the Commission bears relation to a comprehensive plan; also includes mens, changestand modificat onsltorthetzoning ordinance• menus, supplements, Chang Iowa City appointed members of Boards and Commissions must be qualified voters of the City of Iowa City. fp4„'r-y 1976, Council meeting This appointment will be made at the -41 at 7:30 P.M. in the Council Chambers. Persons interested in being ion should contact the City Clerk, Civic considered for this posit Center, 410 East Washington the Clerk's office upon request. COMMERCE-;'. • • CIVIC CENTER, 410 E. WA9MNGTON 5T. IOWA CITY_ IOWA 52240 319354.1900 �low� rnr. IowA•i NOTICE TLIE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING CGriHISSION: Johnson County Regional Planning Commission One vacancy Unexpired Term May 1, 1976 June 1, 1978 Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. This appointment will be made at the A' PP p 'i—�a, 1976, Council meet- ing at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are avail- able from the Clerk's Office upon request. crviG clY LH. QD L. Wq>HMGTOH ST. n l lovm arv, IOWA!,2240 'n , /� oloauaam NC)TICE -DIE CITY COUNCIL 01: I017A CITY IS CONS IDE RI:NG APPOhMMEN1'S TO TIM FOLL9KING CU-21ISSION: IVO vacancies biay 1, 1976 I10CIsux' COMiISSTON Thrce-year Terns May 1, 1979 Duties of the Iioil:;ing Cocniission members include i.nvest.i.gatutg, studyi*: ;, rcvicwin1; aml in the housing needs and the imoct-ing of suc[. n1eds within tiro Ci of Iowa City, Irnaa, and investigating and detenn.ining if slum area- exist or other areas where there are tnsa^, tnsanitary or overcrowded Housing conditions, and studying and investigating and *rnking recommendations relating to the clearing, replanning and constand tiOa of onssof 11lowcor and providinglim dwell' ng places for elderly p Iotaa Catty :�.ppointed membars of Boards and Commissions must be qualified voters of the City of Iowa City. These appointments will be made at 7:30 P.M. in the Cotnc" Chambers. Sider& for these positions should 410 East Ivashington. Application office upon request. i the hay 4.,. 1976,_Council irceting at Persons interested in being con - contact the City Clerk, Civic Cc"",.r, forms are available from the Clerk! s Mary C. Neuhauser, Mayor City of Iowa City Civic Center 410 Fast Washington Street Iowa City, Iowa 52240 Johnson County Council on Aging 538 South Gilbert Street Iowa City, Iowa 52240 May 4, 1976 Dear Mayor Neuhaucer: On behalf of Johnson County Council on Aging, I would like to thank the City Council for consideration in funding our organization. vie appreciate the City Council's endorsement of the Council on Aging as the official agency in Iowa City to coordinate senior citizens services. Heritage Agency on Aging also requested funds to be used as matching funds for programs, e.g., Congregate Meals, Information and Referral, and legal services for the elderly, as set forth through the guidelines of the Older Americans Act. Since Heritage Agency on Aging is a funding agency and the Council on Aging is service oriented, we recommend that the City Council al?ocate funds, requested by Heritage, directly to that agency so that a precedent would not be set for the Council on Aging to act as a source for funding. According to the Older 2 funds for programs are provided through the Iowa Americans Act, . The area or regional Commission on the Aging potential Sponsors agencies have been designated as the channel through which funds are made available to shorten the distanCe between Commission on nand the funds. Area Agency funds are allocated by fund arrangement with local communities. Aging through a matching ranted. Therefore we recommend that funds requested be g Sincerely, Mary R k� Chairman Board of Directors cc: Neil Berlin, City Manager Heritage Agency on Aging Harold Donnely, Task Force ;:IR/be / BEFORE THE COUNCIL OF THE CITY OF IOWA CITY, IOWA I14 THE MATTER OF: a large male, black with) a few tan markings, German Shepard/!tuskey ) pet dog named "Hobo" owned by Ns. Annie ) NOTICE OF HEARING BEFORE Warner a/k/a Annie Quigsberry a/k/a Carol ) THE COUNCIL OF THE CITY OF Hodge, Gaslight Village, Brown Street, ) IOWA CITY, IOW:; Iowa City, Iowa, ) TO [•7S. ANNIE WARNER, a/k/a ANNIE QUIGSBERRY, a/k/a CAROL HODGE: Pursuant to 4.21.6, Municipal Code of Iowa City, Iowa, you are hereby given notice that the Council of the City of Iowa City, Iowa, has set a public hearing on the destruction of a pet dog owned by you which description is given above. A copy of 4.21.6, Municipal Code of Iowa City, Iowa, is attached to this notice for your reference. The hearing will be held before the Council of the City of Iowa City, Iowa, on Tuesday, May 4, 1976, at 7:30 P.M., in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa. You may appear at the hearing and testify. You may also present witnesses in your behalf and cross- examine witnesses against you. Yo --i may also be represented by counsel. Please heed this notice and govern yourself accordingly. CITY OF IOWA CITY, IOWA U Liz Anatolij Kush Assistant Ci Attorney Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Phone: 319-354-1800, ext. 208 0 4.21.5-4.21.6 of this subsection, leash shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. D. FOOD ESTABLISHMEN'1S. No pet animal shall be a1lo,oed, taken, or permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared, or dispensed to people other than the owners thereof. This provision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. E. ANIMAL TIED. No pet animal shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public property or tied on private property without the consent of the owner or person in charge thereof. F. SOLID WAST' REMOVAL. Any person who shall walk a pet animal on public property sh.:1.1 provide for the disposal of the solid waste material by immediate removal of the waste. G. EXCEPTIONS. The provisions of this section shall not apply to seeing eyo• dogs while said dogs are acting in said capacity. 4.21.6 CONFINEMENT OF VICIOUS ANIMALS. No pet animal. of l:no:an fierce, dangerous, or vicious characteristics shall be permitted off the premises of the owner except while such animal is confined in a boarding kennel, veterinary hospital, cr while being trans- ported to such board;.•ig kennel or veterinary hospital. If any p.':': animal of known fierce, dangerous, or vicious charactc,ristics is per- mitted off the premises of the otrner and bites or annoys any person or other animal, in addi- tion to the other provision relating to rabies provided herein:, the City Council may set a pu: 1ic liearing on the destruction of Oct. 1973 175 0 4.2.1.6-4.21.7 said animal; and pending said public hearing, the animal shall be impounded in the Municipal Pound or, upon request by the owner, at a veterinary hospital at the owner's expense. The Council shall, when setting the public hearing, give notice to the owner of said animal, if ]mown, not less than seven (7) days prior to said hearing. If the Cour cil determines that the animal is fierce, danger- ous, or vicious and that the owner has failed to restrain said animal on his premises reasonably and that it is in the public inter- est to destroy said animal, it shall enact a resolution to that effect and directing that the animal be destroyed in a humane manner. 4.21.7 SHELTER OR POUND. A. Any public or municipal pound or shelter established and maintained by the City of Iowa City shall be conducted and operated by the shelter master under the supervision, direction, and control o,': the City Manager. He shall have the same pciwere as a peace officer; shall hold office for such time as the Council may direct; and shall receive as compensation such amount as the Council may by resolution determine. B. It shal' be the duty of I-Ae shelter master to impound any Feet animal found run- ning ai iarge contrary to the provisions of this Chapter. The shelter master shall provide adequate and wholesome food for animals impounded and shall provide careful and humane treatment toward said and shall provide for humane destruction ol animals as provided in this Chapter. C. As provided by law, the City of Iowa City may enter in a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to ai imals for thy: use of its faci- lities for tho restraining and impounding of animals consistent with the provisions Oct. 1973 176 0 0 RESOLUTION WHEREAS the Ci Ly Council of the City of Iowa City, Iowa deems it :in the public :i.ntcres'L 'to proscribe by Ordinance for the control, confinement, or des'trucLion of animals cons:idercd as dangerous. WHE'REAS, r1 dog, pre:;ently confined in -the Animal Shelter of the City of Iowa City, Iowa ( said anixtal owned by a I -Is. Ann:ir_ wa:T1CV, also called Annie Qui.gsbev;_•ry or Carol Hodge, who reside:-. a -t Gasli.glvt Village, Brown Street, Iowa City, Iowa dial on -the afternoon and ca 'y evening bate and inflict open wounds upon the person:; of 'Pim Kelly, Barbara Oakley and Officer S't'even Ileath. (1) THEREFORE, the City Council. of -the City of Iowa City, Iowa as provided by s¢:ction 11.71.6 of -the I-lunicipal Code hereby sets 'Lhe date of May 4' ]476 a -L- 7:30 (p.m. ) for the purpose of a puF—Li_(: hearing for the destrucl.%on of said do.a. The owner of the said dog shall, pursuant to 11.21..6, be given notice of 'Lhe public hearing no less than seven (7) days prior -to -the dale sct for -the hearing. (2.) The City Manager is hereby authorized and direct,.d to effcc'tuate -the prov -si.oi,s of this Resolution. It was moved by and seconded by _ -that -the R.:c:oluLiori as read be adop'Led, .:!!d upon roll call there were: AYES: NAYS: ABSENT: ----_ -`— --- -- Balmer DeProsce Fos L-cr Neuhauser. Perre-t Selzer Passed and approve(' Chas A'ltc;L Cady C:Lcr VCVera clay of , 39 •SOLUTION NO. 76-129 • j i /? i/J RESOLUTION ORDERING DESTRUCTION OF ANIMAL PURSUANT TO CITY CODE. WHEREAS, the City Council of Iowa City, Iowa, has received complaints con- cerning a German shepherd/Husky dog belonging to Ms. Annie Warner, a/k/a Annie Quigsberry, a/k/a Carol Hodge, Gaslight Village, Brown Street, Iowa City, Iowa, which dog is identified by the name of "Hobo", and WHEREAS, following the receipt of said complaints the City Council caused a public hearing to be set pursuant to Section 4.21.6 of the City Code of Iowa City to determine •Thether or not said animal is fierce, dangerous, or vicious and to determine whether the owner has failed to restrain said animal on her premises reasonably and to determine whether or not it is in the public interest to destroy said animal, and WHEREAS, notice of said public hearing was given as required by law to the owner of said animal, Ms. Annie Warner, and WHEREAS, at said hearing, which was held on May 4, 1976, the Council received evidence concerning the nature of the animal and the conditions under which the animal is maintained, and WHEREAS, based upon the evidence presented at the hearing on May 4, 1976, the City Council believes that the animal known as Hobo is fierce, dangerous, and vicious and that the owner has failed to restrain the animal on her premises reasonably and that it is in the public interest to cause the animal to be destroyed. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, acting pursuant to Section 4.21.6 of the City Code of Iowa City that the animal known as Hobo belonging to Ms. Annie Warner be declared a fierce, dangerous, and vicious animal and further that the owner has failed to reasonably restrain said animal and it is in the public interest for said animal to be destroyed. The Council directs the City Manager to take the necessary steps to cause the destruction, in humane manner, of the dog. It was moved by Balmer and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this4th day of May 1976. ATTEST: U Mayor l G�GC+� � J City Clerk ' 0 • 0 0 RESOLUTION 76-130 0 RESOLUTICN /MENDING SALARIES AND COMPENSATION FOR CLASSIFIED PERSONNEL, RESOLUTION NO. 75-183, AND PROVIDING FOR VARIOUS POSITION CHANGES IN THE FINANCE DEPARTMENT. l t2. r,77 �. 0 IMREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the classification plan included in Resolution No. 75-183, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Iowa City, Iowa, a Resolution No. 75-183 be amended by: 1. Eliminating the position of the Assistant Finance Director and in lieu of that position establishing the position of Administrative Assistant - Finance Department, in the administrative level. It is moved by deProsse and seconded by Perret that the Resolution as rea e aTo-p-t—eT and upon roll call t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of May 1976. Z City ler C � M1 yor AFFIRMATIVE ACTION The City of Iowa City has an Affirmative Action Policy to promote and ensure equal opportunity for all persons regardless of race, creed, color, national origin, religion, sex, age or ancestry, employed or seeking employment, city facilities or being serviced by the city. This policy applies to every aspect of city employment practice. The Human Relations Commission of the City of Iowa City wishes to go on record supporting such an Affirmative Action Policy. Historically, women and minorities have been the victims of discrimination in employment, as well as in othert the reahas of their lives. It is only in recent years attempted to change this situation, through affirmative action. Hence affirmative action is a remedial program designed to correct discrimination. Affirmative action is also expected to prevent future employment discrimination which would tend to prolong discriminatory practices. Affirmative action then, deals with recruitment, hiring, promotion, salaries and wages, and other personnel matters in order to bring measurable, yearly improvement in hiring, training and promotion of minorities and women. Affirmative action in this instance is ea positive are not posture ance on the part of an employer. If employ with Title VII, it is possible that discrimination complaints will be filed against that employer. The Commission would like to remind the Council of the January visit of Troy Scroggins, E.E.O. officer from Kansas City. A* that time Mr. Scroggins shared with the Council. the legal issue$ regarding noncompliance. It is hoped that the City of Iowa City will continue its efforts in the area of affirmative action. The Commission would like to commend the efforts of the city's Human Relations Department and the city Manager. ie hope that you, the council, will also support RESOLUTION NO. 76-131 • ul RESOLUTION ACCEPTING 322F.F.T IMPROVEMENTS WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, paving on Woodside Drive South of University Lake Addition (approximately 200 feet of paving done in connection with Melrose Lake Apts.) are on file in AND WHEREAS, Maintenance Bonds for v ra Inc the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by f Iows City Ciuncil of Iowa City, Iowa, that said improvements be accepted by Y o that It was moved by deProsse and seconded by Perret the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x May 1976 Passed and approved this 4th day of Mayor ATTEST•_i zZ-CC-C��- City Clerk L� J To the Honorable Iowa City Iowa U Engineer's Report April 28, 1976 Mayor and City Council 0 Honorable Mayor and City Councilpersons: I hereby certify that the construction of the improvements leted in substantial accordance listed below have been comp with the plans and specificTheorequired emaing ten ancebondlison of the City of Iowa City. on file in the City Clerks office: Concrete paving for woodside Drive from the North line of IVylde Nood Addition to the South line of University Lake Addition as Pavers by Metro Pavers Inc., of Iowa City, I hereby recofinend that a City - Respectfully above improvements be accepted by the City of Respectfully submitted, C �a Eu ene A. Dietz, P.E. City Engineer EAD:med P lmi.c I*OVE.MBENT MAINYENANCE 1309 Mil x[M sltt.NT_� INCE OF #152,191 � ;nob all Ecn PPt,Ftse 7- ' c r 7 i .tstnts= That Metro Pavers, Inc. of as Principal, and the State Surety Company °f Des iloines, Iowa and 8rn:ly bound unto the City of Iowa City, Iowa Iowa City, Iowa as Surety, s.e held , in the penal sum of --FIVE THOUSAND SEVEN HUNDF.ED FIFTY AND A'0/100------- (c5,750.00------) DOLLAPS lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators successors and assigns, jointly and severally, firmly by hese presents. Signed and delivered this 12th day of April A.D. 19 76 Whereas, the said Principal entered into a certain contract, dated the day of 119 , with the , to furnish all the material and labor necessary for the construction of Approximately 638.88 square yards of 7" P.C.C. including curb and gutter on Woodside Drive from north line of Wildwood Addition to south line of University Lake Addition' in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, g::aranteeing to remedy any defects in workmanship or materials that may develop in said cork ,within a period of (S) five years from the date of acceptance of the work under said contract; and Whereas, the said State Surety Company Of Des Moines, Iowa for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iota City as aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, Rithin the period of five (5) years from the date of acceptance of the work under said con- tract, by reason of had workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other resnec:3, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; othervise to be and remain in full force and virtue in law. -METRO-PAVERS.--INC, -7-------- 'Principal Aptroved---------------------------19 Ey-------------------------------------=E_S1TIiETY �OJdPAN3C--------- Surety city solicit --or. l By l �r c,� f itor.iey-in-Fact /� , , '26- 2 y', 4111II� ,` _Mis Power of Attorney limits the net of l namevt therein to the bonds and undertakit ecifically named therein, and they have no authority to bind the Compan ept in the manner and to the extent there* ltd. POWER OF ATTORNEY STATE SURETY COMPANY Des *Moines, Iowa KNOW ALL MEN BY THESE PRESENTS: That State Surety Company, a Corporation organized and existing under the laws of the State of Iowa, by 11. J. Long Vice President in pursuance of authority granted by Section 1, Article Il of its By -Laws to wit: Title "The Chairman of the Board, the President, any Vice -President or any Assistant Vice -President, the Secretary or any Assistant Secretary or the Treasurer shall have authority to issue bonds, policies or undertakings in the name of the Company. The Chairman of the Board, the President or any Vice -President, or any Assistant Vice -President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evi. dencing the appointment in earh case, for and on behalf of the Company to execute and deliver and to affix the seal of the Company to bonds. undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney granted to such person." does hereby nominate• constitute and appoint C. B. Condon or C. A. La Ftair, II or C. J. Grant, Jr. or James F. Norris or James E. Ttrompson of Des tloines,Iowa its true and lawful agent and Attorney in Fact, to make• execute, seal and deliver, for. and on its behalf as Surety, and as its act and deed: Any and all bonds or undertakings And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if such bond had been duly executed and acknowledged by one of the regularly elected officers of the Company in their own proper person. This Power of Attorney or any certificate thereof may be signed anti scaled by facsimile under and by the authority granted by Section 1, Article Il, Paragraph 1 of its By -Laws to wit: "The signature of any authorized officer anti the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature unit seal when so used shall have the same force and effect as though manually affixed." It is certified by the officers signing that the foregoing is a true copy of Section I, Article 11 of the By -Laws of said Company, duly adopted and recorded, and is now in force. IN WITNESS WFIFREOF, we have hereunto subscriber) our names and affixed the corporate seal of the said State Surety Company this- 4th_.day of__J_anuaX3F___.___ _,I!I 7?—. STATE SURETY C011PANY Assistant Sec tary State of_. Iowa Polk County of ) S. , On January 4, 1972 before me, a notary public in and for said County, personally appeared ,ki. J. Long persona!ly known who being by me duly sworn, did say that he is ViCe President _ of State Surety Company. of Des Moines, Iowa, created• organized and existing under and by virtue of the laws of the State of Iowa• that the attached instrument was signed and sealed on behalf of State Surety Company by authority of its Board of Directors and the said 11__1—Lortg.__. acknowledged the execution of said instrument to be the voluntary act and deed of State Surety Company by it voluntarily executed. IN WITNF. S WHEREOF, I have hereunto subscribed by name and affixed m • icial seal at Des 11ine5. Iowa the day and year last above written. L� l My commission expires July 4 19 Z2 IOWA (7� �7 i T Notary Public Charles L. Hollingsworth CFRTIFICATE The undersigned, .—_Assistant _ Secretary of State Surety Company, does hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said State Surety Company, which is still in force and effect. In Testimocy Whereof. I have hereunto subscribedm name and affixed the corporate sent of the said Company, this 12t1 _day of April 2588 (Rev. 1/70) Assistant Secza a RESOLUTION NO.7_ 6-132 RI:SOL111,10N APpROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND 11iV1 EiSTTM77 SLURRYSEAL OF EPROJECT ION OF ' ESTABLISHING AMOUNT OF BID SECURITY ru na.. " ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, PLACE FOR RECEIPT OF BIDS. ANY -EACH BID, DIRECT - AND FIXING TIME AND WHEREAS, notice of public hearing on the plans, specifications, form Of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA= 1. That the plans, specifications,form f contrreby act, and estimate of cost for the construction of the above-named project on 2. That the amount of bid security to accompany each bid for the constton of the above-named project shall be in the amount of $7,000 payable Treasurer, City of Iowa City, Iowa. reby authorized and directed ec publish notice for 3. That the City Clerk is he in a the receipt of bids for the construction of e abo cirve-nculated ion3intthe city notless published at least once weekly and having a ge than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk; at 1976 a Civic Center, Thereafter, until 10'00'A.M.-- — on the 20th day of May and the bids will be opened by the City Manager Or desk ted retire f r'actlon upon said thereupon referred to the Council of the City of Iowa City, IOWA, Civic Cen bids at its next meeting to be held at the day Chambers, I,Lter, Iowa City, _, 19�{L• Iowa, at 7:30 P.M. on the 25th Y of 4C 0 9 Page 2 Resolution No. 76-132 It was moved by Balmer and seconded by Selzer that the Resolution as reaT-Fe-­acTo-p-t-e-cT, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of May, _, 1976. ATTEST: CITY CLERK MAYOR S ' RESOLUTION NO. 76-133 RESOLUTION APPROVING CONTRACT FOR LEGAL SERVICES WHEREAS, the City of Iowa City, Iowa, acting as local public agency in connection with urban renewal project Iowa R-14, and, WHEREAS, it is, pursuant to regulations of the Department of Housing and Urban Development, necessary to enter into a litigation contract with the City Attorney for litigation services in connection with Eastham, et al v. City of Iowa City now pending in Johnson County District Court. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the attached litigation agreement with Attorney John W. Hayek of Iowa City, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City. It was moved by Foster and seconded by Vevera that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x ' Res. No. 76-133 Page 2 Selzer Vevera • - 2 - AYES: NAYS: ABSENT: x x Passed and approved this 4th day of May 1976. -JI !hltr ,�. j!(LLjt11UtC Mayor I J % ATTEST City Clerk �J 5 0 • WILL J. HAYEK HAYEK. HAYEK a HAYEK JOHN W. HAYEK ATTORNEYS AT LAW C. PETER HAYEK IIO EAST WASHINGTON STREET AREA CODE MT; IOWA CITY. IOWA 52240 337-9606 April 26, 1976 The Honorable Mayor and City Council of Iowa City Civic: Center Iowa City, Iowa 52240 Re: Litigation Contract XIayor and Council Members: Attached you will find a contract for litigation services in connection with the Eastham suit. Also attached you will find a letter from the Regional Counsel's office requesting that the enter into a separate contract for this lawsuit. The form of contract is a standard HUD form contract and provides for fees to be paid at the rate of $35. 00 an hour until July 1, 1976, the beginning of a new fiscal year, and at the rate of $40. 00 per hour thereafter. Mr. Townsend in his letter of March 5, 1976, does approve the $40. 00 per hour fee basis. This rate for lit- igation is consistent with the amount in the budget for fiscal year 1977. The City in the past has entered into litigation contracts with me concerning urban renewal lawsuits and this contract is consistent with that past practice. If you have any questions about this matter please do not hesitate to contact me. Respectfully sub pitted, �t ohn V. Hayek 1 Enclosure �'�APR2o71976 ABBIE STOLFUS CITY CLERK NiNI OF•Vlil ivb ANI UIi L1Ai• DEPA RTUtVtL.V 1-Llu.• REGIONAL OFFICE FFICE BUILDING, 911 WALNUT STREET 1 ROOM 300, FEDERAL O ( RI 64106 KANSAS CITY. MISSOURI March 5, 1976 REGION VII Mr. John W. Hayek Attorney at Law 110 East Washington street Iowa City, Iowa 52240 Dear Mr. Hayek: - City Of Subject: Charles Easihoaa; pistr�ct Court of the Iowa city, State of Iowa, Equity No. 43095 IN REPLV REFER TO% 7GE:McNally In reference to your February 25, 1976, letter, we have slightly revised the litigation contract and execut would prefer that a separate contract be enclose for each pending lawsuit. Ther aoon�contract for two copies of the revised litigation us one completion and execution. Please executed contract. objectionWe have no er hour fee July1 ' 1976. ife can be ofpfurther assistance,n9 please let us know. Sincerely, P. A. Townsend Regional Counsel Enclosures -2 AREA 01'FICI:S MISSOURI A KNSAS CITY. KANSAS•OMAHA. vERnnSKP•9T. LOUIS. In nlnK OINC•• n.w. pe• Ala n,. n. 4. w•Tnl•^a n, w• • 0 AGREEMENT FOR LITIGATION SERVICES THIS AGREEMENT entered into this day of April 19 76 , by and between ___tliD—•• �-L�Y< <_a City Iowa State of oy a herein called the "Local Public Agency,' and ---s79hiiyy._llaveic Attorney, 110 East Washin on Street rss -- engaged in the practice of law in the C9ty of Iowa Cites_ State of Iowa herein called "Counsel." WITNESSETH THAT: WHEREAS, the Local Public Agency has under date of July 19 70 , entered into a contract (herein called "Federal Aid Contract") with ' the United States of America (herein called the "Government") acting through the Secretary Of Housing and Urban Development, for financial aid onderx as amended, for a(n) urban renewal project, identified as Project No. Iowa Ii, -14 and WHEREAS,/ a suit is now pending in the Johnson County District Court in Johnson County, entitled Eastham, et al v. City of Iowa City, being cause no. 43095, seeking an injunction in connection land. with the disposition of urban renewal 1/ describe the nature of the legal services or litigation, the principal issues, the claimants, style of the lawsuit, case number, forum, etc. 9 0 WHEREAS, the Local Public Agency desires to engage Counsel to represent the Local Public Agency in said legal proceedings, including any ensuing appeal. NOW, THEREFORE, the parties do agree as follows: 1. SCOPE OF SERVICES. Counsel shall perform all legal services in connection with the above -identified legal proceedings in lower or trial court and appellate courts. Counsel e to commence 2. execrvice utMonOofpthiOsRMANCE. The Agreement, and eshall sbe undertaken rand completed insuch sequence as to assure their expeditious completion in the light of the purposes of this Agreement. Aun MPTunDS OF PAYMENT. (a) Compensation, basis (1) Fee Basis. Fees shall be charged either on an hourly for al egal services rendered in connection with the legal proceedings, both office and court work, or on a combined hourly shall y and per diem basis. In the which, einent, toweroorltrial court apply to legal services edi recedes or follows the actual stage of the legal proceedings, p trial (e.g. conferences, interviews, communications, legal research, drafting of pleadings, trial briefs, law memoranda, discovery depositions, pretrial, petitions for rehearing or new trial, and the filing of, presentation of, or court appearannd ces in opposition to motions, pleadings and proposed orders); recedes (2) which, in any appeal stage of the legal proceedings, p, or follows the argument or hearing on app (e.g. research and briefs, motions, stipulationsconferences, perfdiemcratele9flspeciified. shall petitions for rehearing). 4 work; by whom performed if more than one attorney iistinvolved; the time appropriately charged thereto (prorated of 10 or 15 minutes an hour, or multiples thereof, in connection with services charged on an hourly rate basis, and in terms of a quarter day, or multiples thereof in connection with per diem rate basis); and the total number of hours and/or days charged under each rate for each attorney. Such statements shall be submitted missihly if except that the Local Public Agency may waive such unbilled fees do not exceed $200 and a fee statement is submitted and in any event not less often than quarterly. for (2) Timing of Payment. Notwithstanding thesuchrequirement shall not dic statements in subparagraph (d)(1) above, final disposition of the statements be paid by the Local Public Agency case in the court for which the legal services covered by the statement pertain; provided, that in cases where ereuthe trialallypcouracted rt stage of the litigation or an ensuing appeal or a relative substantial amount of fees has been earned but might not otherwise be payable under the foregoing requirement for three or more months; then seventy-five percent of the fees charged and at the request of counsel, be disbursed approved for payment may, without prejudice on the part of the Local Public Agency to subsequently disapprove the remaining twenty-five percent or any subsequently charged fees and expenses in the event and to the extent it is later dapproveddforthat paymentfees, underfthis Agreement, not dis could not have been app either because of the ineligibility of specific items of legal ovable services or in the light of the amount of the total fee app hereunder. (3) Approval of the Government. Notwithstanding any other provision of this Agreement, no part of the fees, reimbursement or compensation charged by Counsel under this Agreement, toaideb extent such fees, reimbursement or com ensation are to be p y the Local Public Agency from funds subject to the provisions of the Federal Aid Contract, shall be paid to Counsel without approval of the Regional Counsel of the Department of Housing and Urban Development prior to the payment thereof, in whole or in part. 4. SUBMISSION OF PAPERS AND DOCUMENTS TO THE GOVERNMENT. At appropriate times during t e litigation, or upon request o t e Loca Public Agency or the Government, Counsel shall submit to Regions 911 a1nutSeKanDsasacity, of Housing and Urban Development, Missouri 64106, one copy of all such pleadings, motions, orders, briefs emor ofdRegionalPCounseloofmHUD, acharged. legal oinionsCounsel shall also provideaecomplete stat tus report. 3 apply only to the actual trial, to actual oral argument or hearing on appeal, and while in travel status for a day or more, to hereof for portionsof prorated as provided in paragraph (d)(1) a day after the first day. (2) Amoun t Fees. The hourly rate shal1.be $ 35�— per hour xjOx4xxxx� jQCX>PmldaxxaatttmlxeC*A Rte for principal counsel, xxxx_ &m&)5c'°`x— x–�xxesp Dds sacci�e ¢ounseixandcfxxxx� `xand $ 10�. respectively, for junior counsel/law clerk. 1 Por services rendered after July 1, 1976, principal counsel shall be paid at the rate of $40. 00 per hour. (b) Reimbursement. In addition to the compensation provided above, the nsesl public Agency will reimburse Counsel for the following exp - P (1) Necessary Travel and Subsistence Expenervices nersuant in connection with the p ance of he actual > Agreement. ase cagrier,uoontheesumtof15 cents per milecost of his sif the lon by mon travel $2 for actualsubsistenc per privately expense; and, to exceed 525 per day (2) Such filing costs, witness fees, printing expenses, long distance telephone calls and telegrams, feeenses of similarcostsof process, court reporter's charges, relating tegahowevedr,nsuchnexpenses lshall ly anotainclude anormal client; provided,enser, office operating exp (c) Estimated Maximum Compensation and KelmDur�,e111c-" It is estimated that the total compensation and reimbuI which paid hereunder shall be a maximum of ment ,, shall be considered howeverfor the purposes of this 9ree only as an estimate and not a limitation. (d) Methods of payment. to (1) Monthly statements. As a condition precedent to any payment e Local Counsel under iniduplicatena,statementshall accounttwhichhclearly Public Agency the designated items of sets forth by dates (year, month, day): Strike where inapplicable. No more than one attorney may be compensated pursuant to this contract for services rendered at the trial without the prior approval of the Reqional Counsel. y • 0 5. EMPLOYMENT OF OTHER COUNSEL, SPECIALIST OR EXPERTS. Counsel will not employ or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with the legal proceedings without prior approval of the Local Public Agency and the Regional Counsel of HUD. 6. TERMINATION OF AGREEMENT AND LEGAL SERVICES. This Agreement and all legal services to be rendered hereunder may a terminated at any time by written notice from either party, with or without cause. In such event, all finished and unfinished documents, pleadings, exhibits, project data, reports and evidence shall, at the option of the Local Public Agency, become its property and shall be delivered to it or to any party it may designate. In the event of such termination, Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adjusted in the light of the particular facts and circumstances involved in such termination. 7. INTEREST OF MEMBERS OF LOCAL PUBLIC AGENCY. No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with carrying out the Project to which the litigation pertains, shall have any personal interest, direct or indirect, in this Agreement. 8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the oca ity in which the roiect is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out the Project to which the legal proceedings pertain, shall have any personal interest, direct or indirect, in this Agreement. 9. INTEREST OF CERTAIN FEDERAL OFFICIALS. No member of or delegate to the Congress of the United States, and no Resident Commission, shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. 10. INTEREST OF COUNSEL. Counsel (including partners, associates and professional employees) covenants that he does not now have any interest, direct or indirect, in the area covered by the Project (sometimes called this "Project Area," which Project Area is more particularly described in the pertinent Federal Aid Contract) or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. Counsel further covenants that in the performance of his duties hereunder, no person having any such interest shall be employed and that no partner, associates or professional employee is now or shall represent any party in litigation against either the Local Public Agency or HUD. 11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agree- ment, Counsel agrees as o ows.. (a) Counsel will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Counsel will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment adver- tising; layoff or termination; rates of pay or other forms of Counsel compensation; aselectionnd nselagreesto Postintraining conspicuousplaces, availablertotemployees and applicants for employment, notice to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. (b) Counsel will, in all solicitations or advertisement for employees Placed by or on behalf of Counsel, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. (c) Counsel will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor. IN WITNESS WHEREOF, the Local Public Agency and Counsel have executed this Agreement as of the date first above written. ATTEST: City Clerk 0-t fwa it Iowa Mgency 13y Mayor By �c I� 1, -Ay 0-7 Unwas City DAUt April 30, 1976 TO: City Council FROM: City Manager R:: Material in Friday's Packet Chapter 3.38, Forestry, of the Municipal Code. Memorandum to City Council from City Manager regarding evaluation. b Memorandum to City Council from Director of Community Development regardin�O� Finkbine Commuter Bikeway Project. n OO Invitation from Robert Lucas School to City Council. �BvY Copy of letter to Mr. Wilbert Frantz from City Manager regarding zoning �b q ordinance. Memorandum to City ,tanager from Director of P b�* {Yorks regarding stop signs at lVestem and California. C[�� Memorandum to City hfanager fromDizec�tor of Public Works regarding Park Road Bridge deck repair project. 61 Minutes of Staff Meeting, April 28, 1976. u Copy of letter to Mr. Dick Plast.ino from Department of Transportation regarding locks and Dam 826. C�� Calendar for the month of Dtay, 1976. i Memorandum from Director of Human Relations regarding Prohibited Practice . &qi'' Complaint.along with Application for Preliminary Investigation and Motion to Dismiss written by Assistant City Attorney. Minutes of Facility Plan Citizens Committee meeting of March 24, 1976. l �� Memorandum from Citizens' Advisory Committee regarding comprehensive project &Oq Information regarding Senate Bill One._C)� Transient Services Project Report. Interagency Newsletter. Chapter 3.38 FORESTRY Sections: 3.38.1 Definitions 3.38.2 Forester and Forestry Divisions 3.38.3 Trees and Shrubs on Public Pro- perty - Permits Required 3.38.4 Container Planting 3.38.5 Felling of Trees onto Streets 3.38.6 Abuse or Mutilation of Trees on Public Property 3.38.7 Tree Spurs or Climbers 3.38.8 Nuisances 3.38.9 Interference With Forester 3.38.10 Certificate of Approval 3.38.11 Arboricultural Specifications and Standards of Practice 3.38.1 DEFINITIONS For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory. A. CITY. The City of Iowa City, Iowa. B. COUNCIL. The City Council of Iowa City, Iowa. C. CITY MANAGER. The City Manager of Iowa City, Iowa. D. FORESTER. The City Forester of the City of Iowa City, Iowa. E. PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind. F. TREES AND SHRUBS. All wood vegetation' except where otherwise indicated. G. STREET OR HIGHWAY. The entire width between property lines of every way or place of whatever nature within the City when any part thereof is open to the use of the public as a matter of right, 111 3.38 0 0 for the purpose of vehicular or pede- strian traffic. 11. PARKING That part of the street or avenue of highway in the City not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic. 1. PROPERTY OWNER. A person owning private property in Iowa City, Iowa, as shown by the County Auditor's plat of Iowa City, Iowa. J. PUBLIC PROPERTY. Any and all property located within the confines of the City and owned by the City or held in the name of the Ci.ty by any of the depart- ments, commissions or agencies within the City government. K. CLOSING. A closing exists any time the movement of pedestrian or vehicular traf- fic shall be stopped on a public way, for reason of public safety, as a re- sult of any action covered by this Chap- ter, 3.38.2 FORESTER AND PORES,rRY DIVISION. A. FSTABLISIIMFNT. There is hereby estab- li.shed the office of City Forester and the Divi- sion of Forestry in and for the City. The Forester shall he a person qualified by training for this position, and he shall be appointed by the City Manager. The Division of Forestry shall be com- prised of the Forester and all persons employed to work with him. B. AUTHORITY. The Forester shall have au- thority to.perform and to regulate the planting, maintenance and removal of trees and shrubs on streets and other public property in order to insure public safety and preserve the symmetry of public places. lie shall promote public infor- mation on tree planting, maintenance and removal. C. PER MITS. The Forester shall have au- thority to issue such permits as are required under this Ordinance and to affix reasonable conditions to the granting of a permit in ac- cordance with the terms of this Chapter. 112 • 3.38.3 • D. SUPERVISION. The Forester shall have the authority and it shall be his duty to super- vise or inspect all work done under a permit issued in accordance with the terms of this Chapter. 3.38.3 TREES AND SHRUBS ON PUBLIC PRO- PERTY - PERMITS REQUIRED. A. MAINTENANCE OR REMOVAL. No person ex- cept the City or a person hired by the City shall treat, plant, trim, remove or otherwise disturb any tree or shrub on any street or other public property without first filing an application and procuring a permit to do so from the Forester. 1. APPLICATION DATA. The application required herein shall be signed by the abutting property owner or his authorized agent except as set forth in subsection (E) of this Section; shall be submitted to the Forester; and shall state the location, number, size and species of, trees or shrubs to be treated, planted, trimmed, removed or otherwise disturbed; the reason therefore, the methods to be used; and such other information as the Forester shall find reasonably necessary to fairly determine whether a permit should be issued. 2. STANDARDS OF ISSUANCE. The Forester shall issue the permit provided for herein if the proposed work is desirable and if the methods and workmanship proposed comply with the Arbori- cultural Specifications and Standard of Practice as set out in Section 3.38.11 of this Chapter. The person receiving the permit and any tree surgeon, forester, arborist or workman performing thereunder shall strictly abide by said speci- fications and standards unless an exception or exceptions thereto are set forth in writing on the permit. Any permit granted shall contain a definite date of expiration and it may be de- clared void if its terms are violated. B. PLANTING. No person shall plant or set out any tree or shrub in any street or public place of the City without first filing an appli- cation and procuring a permit from the Forester. 113 3.38.3 1. APPLICATION DATE. The application re- quired herein shall be signed by the abutting property owner of his authorized agent; shall be submitted to the Forester; and shall state the number of trees or shrubs to he set out; the location, grade, size and species of each tree or shrub; the method of planting; and such other information as the Forester shall find.reasonably necessary to fairly determine whether a permit should be issued. 2. STANDARDS OF ISSUANCE. The Forester shall issue the permit provided for herein if the proposed planting is desirable; it if conforms as to approved species, size and location; and if the planting complies with the Arboricultural Specifications and Standards of Practice set out in Section 3.38.11 of this Chapter. The person receiving the permit and any tree surgeon, for- ester, arborist or workman performing thereunder shall strictly abide by said specifications and standards unless an exception or exceptions thereto are set forth in writing on the permit. Any permit granted shall contain a definite ex- piration date and it may be declared void if its terms are violated. 3. IMPROPER PLANTING. Wherever any tree or shrub shall be planted in conflict with the provisions of this subsection, it shall be law - fill for the Forester to require its removal or to remove it himself. C. EXCAVATION AND CONSTRUCTION. No person other than the City of a person hired by the City shall excavate any ditches, tunnels or tren- ches or lay any drive within a radius of ten (10) feet from any public tree or shrub without first obtaining a written permit from the Fores- ter. Trees, shrubs or plants near any excavation or construction of any building or structure shall be adequately protected and all building material dirt or other debris shall be kept at least three (3) feet from such trees, shrubs or plants. D. STORAGE No person shall deposit, place, store or maintain upon any street or other public property 114 • 3.38.3-3.30 any stone, brick, sand, concrete or other ma- terial which may impede the free passage of water, air, and fertilizer to the roots of any trees or shrubs growing therein, except by written permission of the Forester. E. PUBLIC UTILITY INSTALLATION. All permits issued for the installation of public utilities that affect public trees or shrubs shall be approved by the Forester. A public utility may be issued a permit to treat, trim or remove any tree or shrub on any street or other public place. Said work shall be limited to the actual necessities of the service of the company and such work shall be done in accordance with the Arboricultural Specifications and Standards of Practice set forth in Section 3.38.11 of this Chapter. The Forester may, if necessary in his estimation, assign an inspector to super- vise the provisions of the permit and the cost of such service shall be charged to the public utility. 3.38.4 CONTAINER PLANTING. No individual or firm shall establish a container either above or below ground for plants on public property without recommendation of the City Manager and approval of the City Council. Following Council approval a permit will be issued'by the City Forester. A. PROCEDURE. The petitioner shall submit a request complete with detailed design to the City Manager who shall make a recommendation to the City Council within forty-five (45) days. B. INSTALLATION REQUIREMENTS. 1. No container may be placed closer than twenty (20) feet to street intersections (Property lines extended) and ten (10) feet to driveways and alleys. dium shall be of suf- 2. The planting me ficient size to support and sustain plant mater- ials and the container shall be not less than twenty-four (24) inches in depth and thirty (30) inches in diameter, inside dimensions. C. MAINTENANCE OF CONTAINERS. Containers and their complete maintenance become the respon- sibility of the abutting property owner. 115 0 3.38.4 - 3.38.5 I. All costs arising from the estab- lishment, maintenance or removal of plants or plant containers are to be borne by the abut- ting property owner. 2. Containers, plants and their con- tents must be maintained in the condition spe- cified by original design at all times. Any planter not serving its designed esthetical function shall be replanted or removed. 1). NOTICE TO REPLANT Old REMOVE. Any con- tainer and plant material not maintained to quality and designed standard as required by the City Forester is hereby declared anuisance. Any- one failing to abate same, after notice shall be given, shall be guilty of a misdemeanor and the City Forester may remove said nuisance. E. FREEDOM FROM LIABILITY. Any individual or firm granted the right to place or establish containers on public property pursuant to this section shall execute an indemnification agree- ment approved by the City Attorney wherein the applicant agrees to indemnify and save harmless the City from any and all liability which may be incurred as a result of the placement of said containers and their contents. 3.38.S FELLING 01 TIMES ONTO STREETS. The Forester shall be, for the purpose of this Chapter notified prior to the time that anv tree or shrub is to be trimmed or removed if said tree or shrub or any portion thereof will fall on a street, side- walk or alley. All current City Ordinances and agreements must be observed. No person shall close any street, alley, sidewalk, roadway or traveled way in Iowa City without first obtaining approval for said closing from the City Forester. A. PUBLIC PROPERTY. If said tree or shrub is located on public property, the required'noti- fication shall be given on the original appli- cation to trim or remove. B. PRIVATE PROPERTY. If said tree or shrub is located on private property, the property owner or his authorized agent must apply for a special 116 3.38.5 permit to trim or remove. The Forester shall issue said permit provided that the trimming or removing will be done according to the specifications and standards of this Chapter and requirements of this Section. C. SAFETY REQUIREMENTS. 1. The person to whom the permit is issued shall be responsible for placing such signs, flags, flares and barricades as are needed to warn persons of the danger of using the street, sidewalk or alley. 2. No tree shall be felled onto any street without having persons stationed in the streets to stop traffic from both directions at the time the tree is being dropped, unless the street has been duly barricaded in accordance with City Ordinances. 3. Trees or branches which are felled or trimmed onto public property must be removed immediately unless an extension of time is granted by the Forester in writing. 4. Stump removal cavities must be cleared and refilled with soil in the same operation. At no time shall a cavity remain unfilled overnight. D. INSURANCE. Before any tree or branch is felled onto public property, the applicant must deposit with the clerk a liability insur- ance policy in the amount of $100,000.00 per person/$300,000.00 per accident for bodily in- jury liability and $50,000.00 aggregate for property damage liability. The insurance poli- cies shall also name the City of Iowa City as an additional insured in all liability insurance. In the event that the applicant is able to fur- nish proof of financial responsibility approved by the City Attorney and enters into agreement for indemnification of the City in the event of any damage caused by the applicant's obtaining a permit to do street tree work, this insurance requirement may be waived. 3.38.6 ABUSE OR MUTILIATION OF TREES ON PUBLIC PROPERTY. No person shall willfully damage, cut, carve, transplant or remove a tree or shrub on public property; attach any rope, wire, nails 117 0 • 3.338.6 - 3.38.8 or other contrivance to any such tree; cause or permit any wire charged with electricity to come in contact with such tree or shrub unless protec- ted by ;approved methods; attach any electrical insulation to any public tree or shrub; allow any substance which is harm- gaseous, liquin contact id or solid fill to said trees or shrubs to come with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree or shrub, without first obtaining a written permit to do so from the Forester. 3.38.7 TREE SPURS OR CLIMBERS. No person shall use tree spurs or climbers on trees located on streets or public property except by specific written permission of the Forester. 3.38.8 NUISANCES. Any healthy tree or shrub which is so placed as to interfere with pedestrian or vehicular traffic in actuality or by creating ;� sight problem is hereby declared a nuisance. A. TREES AND SHRUBS. Trees or shrubs Street public or private property bordering on any shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular travel not obstruct or shade street lights, and so they will the vision of traffic signs or the view at any street intersection. file minimum clearance of any overhanging portion of such trees or shrubs shall be nine (9) feet over sidewalks and thirteen (13) feet over all streets except in the case of small or newly planted treespecifically designated by the City Forester. No shrubs more than two (2) s feet high (30OVeeet of aevel streetyintersectionbe located w(pTo- in thirty ) feet perty lines extended). 1. PUBLIC PROPERTY. The Forester shall trim or cause to be trimmed, trees ,and shrubs on public property to the minimum height set out above. 2. PRIVATE PROPERTY. NOTICE TO RIM. order When the Forester shall find it news ary to erty obstructing trees or shrubs ri P property be be trimmed, he shall cause written notice served on the property owner requiring such trees 118 • •8.8 or shrubs to be trimmed to eliminate the hazard within thirty (30) days after receipt of the said notice. The notice required herein shall be served by mailing a copy of said no- tice to the last known address of the property owner by certified mail. If the Forester is unable to secure notice on the property owner, said written notice may be served on the occu- pant or person in charge of the property in the same manner as set out herein. B. COTTON -BEARING COTTONWOOD TREES. Cot- ton -bearing cottonwood trees and all other cot- ton -bearing poplar trees in the City are hereby declared to be a nuisance. 1. PUBLIC PROPERTY. The Forester shall remove or cause to be removed any such tree on the streets or public property. 2. PRIVATE PROPERTY. The Forester shall require the removal of any cotton -bearing cottonwood tree or cotton -bearing poplar tree on private property by causing a written notice to be served on the property owner directing that said tree or trees be removed within thirty (30) days after receipt of said notice. The no- tice required herein shall be served by mailing a copy of said notice to the last known address of the property owner by certified mail. If the Forester is unable to secure notice on the property owner, said written notice may be served on the occupant or person in charge of the property in the same manner as set out herein. C. DEAD OR DISEASED TREES OR SHRUBS. Any dead, diseased or damaged tree or shrub or parts thereof which may harbor serious insect or disease pests injurious to other trees or shrubs or parts thereof, or is hazardous to life or property is hereby declared to be a nuisance. 1. PUBLIC PROPERTY. The Forester shall remove or cause to be removed any such tree or shrub on the streets or public property. 2. PRIVATE PROPERTY. The Forester shall cuase written notice to be served on the property owner requiring the removal, trimming or treatment of any such tree or shrub or parts 119 ® 0 3.38.6 - 3.38.8 or other contrivance to any such tree; cause or ed with electricity to come permit any wire charg in contact with such tree or shrub unless protec- ted by approved methods; attach any electrical insulation to any public tree or shrub; allow any gaseous, liquid or solid substance which is harm- ful to said trees or shrubs itcome any fireotoaburn with them. or set fir or permjure when such fire or the beatttherorfshrub,willlwithout any portion of any P permit to do so from first obtaining a written the Forester. ;,38.7 TEI?E SPURS OR CLIMBS. No person shall use tree spurs or climbers on trees located cecificn streets or public property except by p written permission of the Forester. 3.38,8 NUISANCES. Any healthy tree shrub which is so placed as to interfere hwith pedestrian estrian hin actuality or by creating or vehicular traffic a sight problem is hereby declared a nuisance. on Trees or shubs A. TR1iE5 AND SHRUBS• bordering onr rany street public or private property shall be trimmed edcsixfianseandhvealloweight to hicular travel lights free passage of p and so they will not obstruct or shade street lig the vision of traffic signs or the view at any overhanging portion of such trees or shrubs shall er sidewalks and in the case of thirteen (13) feet over all streets cspepifically designatedall be nine (9) feet ov or newly planted trees rt by the City Forester' No shrubs belocatedwith- feet high above street level m, yintersection in thirty (30) f (property lines extended) 1. PUBLIC PROPERTY treles andle cshrubshonl trim or cause to be trimmed, set out above. Public property to the minimum height 2. pR1VAT1; p1tOpERTY. NOTICE TO TRIM. order or shrubs on private IM. When the Forester shall find it necessrivary property to obstructing trees be be trimmed, he shall cause written ng suchotreecs. served on tl+e property owner requiring 119a 0 0 3.38.10-3.38.11 amount of $100,000.00 per person/$300,000.00 per accident for Bodily Injury liability and $50,000.00 aggregate for Property Damage lia- bility. The insurance policies shall also name the City of Iowa City as an additional insured in all liability insurance. 3.38.11 ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE. The following Arboricultural Specifications and Standards of Practice are hereby adopted by the City: A. PLANTING. 1. SIZE. All trees planted on the streets shall be of sufficient size to warrant satisfactory results and stand the abuse com- mon to street trees. 2. GRADE. Unless otherwise allowed for substantial reasons, all standard sized. trees shall have comparatively straight trunks, well developed leaders, top and root character- istics of the species or variety showing evi- dence of proper nursery pruning. All trees must be free of insect, disease, mechanical injuries and other objectionable features at the time of planting. To compensate for any serious loss of roots, the top of the tree should be reduced by thinning or cutting back as determined by the growth characteristics of the tree species. The leader shall not be cut off in such trimming. 3. PLANTING. Trees cannot be planted in the parking that is less than eight (8) feet in width, or contains less than 160 square feet of exposed soil surface. Trees cannot be planted closer than twenty (20) feet to street intersections (property lines extended) and ten (10) feet to driveways and alleys. 4. METHOD OF SUPPORT. Trees may be guyed or supported in an upright position accor- ding to accepted arboricultural practices. The guys or supports shall be fastened in such a way that they will not girdle or cause serious injury to the trees or endanger public safety. B. TRIMMING OR PRUNING. 1. All cuts are to be made sufficiently close to the parent stem so that healing can 119b 3.38. 11 readily start under normal conditions. 2. All dead and diseased wood shall be removed. 3. All limbs one (1) inch in diameter (size of a quarter) or over must be precut to prevent splitting. All branches that are in dan- ger of injuring the tree in falling shall be lowered by proper ropes. 4. One of all crossed or rubbing branches shall be removed where practicable so that the removal will not leave large holes in the general outline of the tree. Some crossed or rubbing branches may be cabled apart. S. Paint all cuts old and new, one (1) inch in diameter and over, with an approved tree wound dressing. On old wounds care is to be taken to paint exposed wood only. 6. Where there is known to be danger of transmitting disease by tools, they are to be disinfected with alcohol before using on another tree. 7. Old scars not healing properly and where callous growth is not already established, are to be traced and painted, unless other treat- ment is designated. 8. All girdling roots visible to the eye where practicable, should be treated by cut- ting off the root at either end, notching of the root in the center with a chisel, removal of the entire root without injury to bark or parent stem, or reporting this condition to the owner. 9. No topping or dehorning trees shall be permitted except by special written permission of the City Forester. Trees becoming stag headed may have the dead portions removed back to sound green wood, with proper 45° .(degree) cut only. 10. Wood resulting from trimming or tree removal may be used for firewood or other purposes providing it is treated, as necessary, to prohi- bit the spread of insects or, disease and that it is properly stores so that it does not become a nuisance. C. SPRAYING. 1. Suitable precautions must be taken to protect and warn the public that spraying is being done. 119c 0 0 3.38. 11 2 spray materials containing lime sulfur and other corrosive materials shall ainted building- for not be used nearay. shall be done only cific diseas the control of spees or insects materials, . the necessary with the proper lied at the proper time and app spraying mater - strength, desired control. obtain the in accordance with the Agricultural ials and methods shall be State University the current recommendations of for experi- Extension Division of Iowa State except and/or the State Entomolog e under the direct e don mental work thatheall bForester. supervision of BRACING. p, CAVITIES AND cavity work should not 1. Extensive Of suf- be performed on a tree unless ltthe cost. high value to justify all cavity ficiently and ends of of Z, The sides the direction Openings must conform a must be protected flow. The cambium edge the application sap during the work by rotrude at all times A cavity filling must not p of shellac. layer at any point along beyond the cambium with the cavity edge'should be made for 3. provisions she sap drainage from a cavity which may exude q a genercables should be behind the Fill al rule filling- two-thirds placed as high as approximately ween the crotch and of the distance bet (2/3) Rust resistant cables, thimbles The ends of a cable branch ends. eyes of lags and lags should be used. Thimbles must be used in the eye should be attached to hooks °T In a in - or bolts- each end of the cable. branch. splice in cable be wrapped around a stance shall 119d tAy of 90we City 0 DATE: April 30, 1976 TO: City Council FROMi City Manager RE' Evaluation Last fall, the Manager suggested that the City Council undertake an evaluation of the Manager. For a variety of reasons, the task was not completed. However, a couple of the Councilmembers individually did discuss the subject with me. Their suggestions were very beneficial. At the end of December, the Manager suggested again that the Council meet individually with the Manager, Attorney and Clerk before the budget was certified so that there could be an evaluation and discussion of com- pensation. If there is to be a good working relationship, it is important that the employee understand the expectations of the employer and the employer those of the employee. An evaluation also provides an opportunity for me to establish personal performance goals consistent with Council needs and to ensure that hidden agendas and festering problems (large or small), if there be any, be placed on the table for resolution. A discussion of this nature should be completely open and frank. To perform efficiently and effectively, the Manager's goals should have three facets. Two of these areas have been satisfied. The MBO process of the budget provides program goals, and my acceptance for Associate Membership in the I.C.M.A. Academy for Professional Development provides personal professional goals. The City Council provides a third most important link focusing on Council needs and policy direction. An evaluation of the Manager has been scheduled for the informal session May 10 at 2:45 P.M. To assist the Council in formulating a valuable and viable discussion, it is suggested that your thoughts might be developed around the followine: 1. Where Manager performance could be improved. Where Manager is performing well. Specific problem areas relating to personal performance which concern you. on I w1Qy 01 a®wo c1gyID DATE: April 30, 1976 19 TO: City Council FROM: Dennis R. Kraft, Director, Itepartment of Community Development RE: Pinkbine Commuter Rikeway Project Attached please find a synopsis and a draft resolution relating to the construction of a bikeway from Coralville through the University of Iowa. 'Ibis application request is for 50%-20o federal 1101' matching funds. 'fhc attached information provides more detail on the proposed project and also presents financial information relating to the construction of the proposed bikeway. Staff personnel will he available to discuss this with the City Council. DRK:sc 9 • Finkbine Commuter Bikeway Project for Federal Bikeway remonstration Program Application is being made for Cunding under the $6 million Bikeway Demonstration Program of the Federal Highway epartmet of Tranpottion). The Administration (U.S. Domotingnbicycli.ngsasraatransportation program is aimed at p. alternative. Applications are submitted through the Iowa Department of Transportation, but do not involve State or Federal Highway money. what the �o�cct is designed Co demonstrate. 1. The project is designed to demonstrate that the bicycle is a viable alternate means of transportation in the Iowa City area. Surveys show that the existing average daily number of bicycle commuters on this route is 375 in optimal weather conditions. Estimated daily use will increase to 1,275 when the Finkbine bikeway is opened. 2. The proposed project- is also designed to demonstrarivate that three independent governmental bodies and and citizens group can cooperate in such a project overcome the various problems involved! Why Iona City i.s the Lead Agency. e entirely Although the constructioheflp4a Departmentikeway lofbTransportation on University property, requested that the application be made by Iowa City as the lead agency. Apparently this simplifies procedures. Location of the Bikewa (see map) will run from Piormon Trek Boulevard An 8 foot wide bikeway ge to the University of. Iowa Recreation near the railroad brid Building. The trail will parallel the railroad tracks and run southeast at the edge of lower Finkbine Golf. Courseuntil it meets an existing service road which wi-1-1 be the paved the trail. At the junction with the service continuation of road a northward extension (also on the service road) will provide a link with Rocky Shore Drive. Fundin - s is Funding is on an 80% Federal, 20local for bederal Aid1Highway more favorable than the 70-30 split Funds for Bikeways.) 0 0 Cost Estimates Cost estimates have been furnished by the University Architects Office in cooperation with Iowa Road Builders and the University Engineering Services. Total Estimate (includes drainage, signing, engineering, construction, etc.) Total Cost With lighting $88,979.00 without lighting $69,619.00 Local Funds Project GREEN Iowa City (already spent) University of Iowa (already spent) (to be spent) Federal Share $71,183.20 $55,695.20 $10,000 300 1,700 300 Local Share $17,795.80 $13,923.80 (The City of Coralville has already spent about $700 to provide a First Avenue - 5th Street- link.) Local share unaccounted for: without lights $1,623.80 with lights $5,495.80 As of this time, the question of where the additional local share will come from has not been resolved. The Coralville City Council is also planning to discuss the matter at their meeting on Tuesday, May 4th. Resolution 'Phe City Council will need to pass a resolution agreeing to pay over to the University the federal money obtained for the bikeway. The University would take care of letting of bids and contracts and supervising construction. They are preparing an agreement which states that they will operate and maintain the bikeway for public use. This Resolution should be on the Council agenda for May 11th. 0 0 FINKBINE commUTER BIKEWAY BASE BID ASPHALT PATH (8' wide from Mormon Trek Boulevard to University of Iowa Recreation Building) $35,170.00 Extension to Rocky Shore Drive $ 3,820.00 Drainage Culverts $ 6,000.00 Grading, Filling and Seeding $ 5,000.00 Job Charges (Preliminary Design) University of Iowa $ 2,000.00 City of Iowa City 300.00 Signage and Electric Street Crossing Signal (Blinker) $ 5,000.00 Final Engineering and Supervision $ 6,000.00 Total $63,290.00 10% Contingency $69,619.00 Federal Share 80% $55,695.20 Local Share 202 $13,923.80 Cost estimate for lighting $17,600.00 + 10% contingency $19,360.00 Total estimate with lights $88,979.00 Federal Share 80% $71,183.20 Local Share 202 $17,795.80 Local Fundin Pledged by Project GREEN $10,000.00 University of Iowa 2,000.00 City of Iowa City 300.00 $12,300.00 Local Share unaccounted for without lights $ 1,623.80 with lights $ 5,495.80 RESOLUTION NO. RESOLUTION AUTHORIZING THE UNIVERSITY OF IOWA TO CONSTRUCT THE FINKBINE BICYCLE TRAIL WITH FEDERAL FUNDS AND PROJECT GREEN FUNDS ALLOCATED TO '['HE CITY OF IOWA CITY FOR THIS PURPOSE_ WHEREAS, the City of Iowa City is the coordinating agency for the application and disbursement of Federal and local funds for the Finkbi.ne Bicycle Trail, and WHEREAS, the above stated trail will be constructed on Property owned by the University of Iowa, and WHEREAS, the University of Iowa has agreed to the letting of bids and contracts for the facility, and WHEREAS, the University of Iowa has agreed to maintain and control the facility for public use, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Council of the City of Iowa City agrees to pay the University of Iowa for part of the construction costs of the Finkbine Bicycle Trail project in the amount of $ �$ Federal Funds, $ Project GREEN funds . 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 yor ATTEST: _ ___------ City Clerk e GROW TO • REACH 0 ENV IRONMil-NTAI_ EXCELLENCE NOW f Civic Cc N," Iowa City, lova 57:40 April 22, 1976 To: Mayor Neuhau.ser and Memhers of: the City Council The Steering Committee of Project GREEN pledges $10,000 from the GREEN Fund to he used for the construction of t=he Iowa Ci.Ly--Coralvil.le--University of Iowa Bikeway (known as the Finkbine Bi_kew.iy), a joint project requiring the cooperation of two City governments, the University administ-ral:ion and citizens :;uppor.ting Bikeway development. Since 1963 the GREEN Fund has contributed $16,500 to Area Bikeway Development in Iowa city. with this pledge to .support t=his major commuter bikeway, citizens favoring bikeway developriont- will have given a total of $26,500 Lowards getting the job done. Rcsp0C tfu l 1-y, Nancy Seiber.li.ng, Cna\di-man Project GREEN SLeeritl( Co[mniLtee I•:S/jP /j RECEIVED APR 2 71976 • f� � r =1 2 3,x_9 7:6- . Decer ------M�mb�rs:- of the x�-1ty E_oc�:nz u, May 4,_T-47 k i 6 oc..e�_ s�ioo�=_wil c e le brcete the 137— Tke. second,- aercec�es Present CZ ;Dy ia-- , �� �r t 1_ of-�,Jr Y Our pl,J, �,� 00, toa r� x e to �n_V a_�e- -y o, _ tJ c or► -� -o�-r shoo on_J-176- Int�_I- -_- ---------------------------- S) ------ - --oberf lu'co�s c (�• l!''{►J/�/I{J//I 60'01ff/(�CHIC CIOWA OIOWA NIMOTON ST.t V IOWA CITY. IOWA 5]]W �� UIEI ]MI ROO 'vI // April 29, 1976 MAYOR MARY ME UNAUEER COUNCIL MEMBERS ANN BALMER CAROLU.FROSIE L F. FOSTER OAVIOFERRET MA%IELZER ROBERTVEVERA Mr. Wilbert Frantz Frantz Construction Co., Inc. 325 Third Street P.O. Box 209 Iowa City, Iowa 52240 Dear Mr. Frantz: Thank you for your letter of April 19, 1976 to Mr. Glenn Siders, Building Inspector, concerning the difficulties which you encounter with the pro- vision of the zoning ordinance relating to parking for two family residences. As Mr. Siders indicated to you in his letter of April 14, 1976, the Planning and Zoning Commission soon will be considering an amendment to the parking requirement. Enclosed with this letter is a copy of a draft of that ordinance. At its meeting on May 6, 1976, the Planning and Zoning Commission will consider this proposed ordinance change. It certainly would be beneficial for you and other persons who desire this change to communicate your views to the Planning and Zoning Commission, particularly at the time the ordinance is considered by the Commission. The ordinance amendment provides that for two family dwellings there shall be two parking spaces for each living unit and that two of those spaces may be located in the required front yard. If the Planning and Zoning Commission and the City Council approve this ordinance amendment, as recommended by the administrative staff, I am sure that the issues raised in your letter of April 19, 1976, will be resolved. If I can be of any further assistance to you on this matter or any other issue concerning City services, please contact me. Sincerely yours, "00Berlin► City Manager NGB/sd Enclosure cc: Don Schmeiser Dennis Draft Glenn Siders Council Members 0PD I NANCE, 110. AN ORDINANCE Ati1:NDLNG (�IIAI?'J'FR 8.1.0 OF 'CIIE MUNICIPAL CODE OF 'PHE C1'PY OF :LUWA.(_:VrY, IOWA, 13Y RKV.I S ING TIIt•: OFF-S'rwR ,T -T PARKING REQU T REP1EN'J'S FnR TWO FAm ri,Y DWELLINGS ANll REPEALING .;EC'I'lCtiJ5 8.1.0.3A..60, 8.1.0.25A.1., 8.10.25A.2, AND 8.10.25D.1 OF ,AID CHAP PER. BE UP I;NAC'VED 13Y 'I'IIE CITY COUNCIL OF 'PIIL•' C1'PY Or U,11A CITY, MIA. GE'CTION Z. 1'UItPOGI:. Tho purpose of Lhi.s Ordin.rtn:c is to arr,nd the Munici.pal. Code to revise the off" -street- parking requirements for two family dwellings. SF.t:'1'1:ON IT. AMENDMENT. The Municipal Code of Iowa City, Ior:a, i:; herchy aru:t,rled l,y (the'_ following: A. (8.1.0. 3A) 1)cfini1, i.uns. 11 ':0. PAItKLNG :,PAG:. An ar.,,a at least- 9 Peet wido and 20 f,_et lonij connect:cd to a public ;;ta.r'et or alley by a drivetray not 1e:;5; than 10 L'eut :gide and so arranged a:; to inr3ress and (!grnL;s of I.he ,ititomobile without moving any ol:her autcnnohi.l.e parked ••nd a(Ijacent to the parking ::pace errcpt Chat for single and two family dwellings :There located persuant to the reeuir.c- ments of this Chapter, one space may be behind another. 111 parking spaces and connecting driveways shall he provided with a permanent dust -free surface. (8. 10.25A) OFF STREN;T PARKING REQUIREMENTS ll:;e 1. S.inyl.e and two family dwI l H ngs. 2. Mnll:iplc fainil.y dwellings Space_ Rrr(lui r.ements 'Pwo spaces por. (_ach l i v i n'd unit. 1. 1, ::pace:; per dwol.l i I,1 u!1 i I: exr:.•pt 1'.11.11: ::n,:h in,1 unit w.iLh ]r•;;. than 300 square fuut- of floor arra shall have not less than 14 spaces. (1. (8.7.0.251)) L,OCA'PION OF PARKING SPACE IN YARDS. 1. In the R District and i.n the C and M Disl:ri.cLs within 50 feet of: an R 'Lone, no parking shall he per;:;i.tted within a required front yard except as follows: a. For single fainil.y dwellings in nl.l perm.ilited zones r�xcept the RCA Zone, one parking may he .Located .in the rnqui.r.ed fr.unt- yard. 0 • i, le, 2 rd i n,un:c ilo. h. For Lwo f;imil.y dw,•tl irny:; in al]. permil:ted zom2s, LWo p..rrking :cpacec may he locatl�d in Che rot in i. red front Yard. :;EI -'':f 014 1]..L. ..Hl_P w1i,Y.R. N..1_ ot.hor Or.-dinancos or p,rrts of Ordin,inces in cuufl.ict :ril_h Lhe provisions of: this Ordinance are hereby repealed, as . j re ::,•,-,Lions S. 10. 3A. 60, 8.1-0.25A. 1, 8..10.2'iA.2, and 8.1.0.251).1 of the :Innicil"rl. Code of Iowa Cil.y. :1h,:9'ION TV. :;AV1IJl1S CLAIJSF. if any :vection, prov.i.si.on, or p•rrt r,f- thi:; ordinance :;hall. be adjudged invalid or unconstitutional, :;uch adjndic:rLion shall not ,ji'fect- the validity of: the Ordinance as a whole or any vection, provi.ston, or part thereof not adjudged invalid or :a;LTION V. I•:PFKC'I'IVE DATE. Thi -s Ordinance :;}tall become_ nf.f.,.,:Cive ,Ifter iL:; f-inal pa:;snyc, approval and publication as provided by law. 1L- was moved by -- and seconded by_ - -.— --- -- Pkat the Ordinance as read he adopted, and upon r.-oll call there r;nre: Palmer deprossc Fn^,ter 111214iauscr Pc r:rct Selzer Vevc-ra Passed and approved this day of 1976. I CITY OF IOCITY PUBLIC DEPARTMENT OF PUBLIC NORKS MEMORANDU-M DATE:. April 22, 1976 T0: Neal Berlin FROM: Dick Plastino RE: Stop Signs at AAnd California A question has been asked as to the City's procedures on signing bus routes. We do not protect all bus routes with stop signs at the present time. The guidelines for stop signs at the present time are as follows; 1. 2. Protect all designated arterial streets; Install stop signs when justified by the adopted manual, Mangy•'' "niform Traffi This manual sayer,Tn� may �e at an interse ire of ing conditi� a. Intel main of -W b. Stra, c. Uns d. oth hi -g recC sign Accidents at t State warranted the follow - street with a k normal right- r street; ilized area; ion of ous accident by a stop one accidents ', Western in 1973. Thereince 1970. 1. The particular question abo z. rsection touches on a larger problem. The best method of using stop signs is to protect all major arterial streets with stop signs. In purely residential areas, all intersections should be left unsigned unless special hazards exist. In this manner, a driver becomes aware of what is to be expected and not expected. Random installation of stop signs at isolated intersections in a residential area can lead a driver to believe that he is on a protected street throughout its length. This usually will not be the case in a residential area. In other words, it is felt that stop signs should be used to CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATE: A it 23, 1976 T0: Neal Berlin FROM: Dick Plastin RE: The Park Roa Bridge Deck Repair Project The Iowa State Highway commission has contacted us regarding the paperwork procedure on this Federally funded project. I thought you might find some of the typical form work interesting. The original pile of instructions and form booklets made apile approximately 12 inches and I have attached some of the more pertinent forms. It appears this project will tie-up one of our best inspectors full time for at least six weeks. RJP:bz Attachment M MINUTES OF STAFF MEETING April 28, 1976 items from the Council meeting of April 27 were discussed: Mayflower Apartments submitted a petition to the Council requesting that there be an actuated crossing light in front of their apartment building. Public Works is to report back to the Manager. The Frantz rezoning ordinance will be on the agenda for the Council meeting of May 4. Tom Struve warning system, is to provide the Manager with a report regarding the tornado including dates. Dennis Showalter is to pro' on the riverfront land will be hearing on this matter. Dennis Kraft is to check o City Manager. May 9 - 15 will be procla: is writing the proclamation. The Manager requested that meeting, May 4, for the public The Slurry Seal matter wa< report back to the Manager on tractors, etc.). This matter on Monday, May 3. is appraisals a public to the E of Police text Council dog. ks is to of con - session The public hearing on the revised housin"=t for May 11. There was some discussion at the Council meeting o Fy �i7 regarding these standards and the degree to which information was disseminated to the public. Anytime the staff is working on ordinances or policy which is of significance to the community, it is desirable to touch base with groups in the community and try to work out problems before the matter comes before the City Council. Contracts with Coralville and the University for the buses were approved. May S will be Civic Day. There are fifteen department head slots to be filled by scouts. The day will begin with a presentation by the Mayor and City Manager. The scouts will then meet with people with whom they will be spending the morning. They may attend the Staff Meeting. They will meet in the lobby and then depart to have lunch with the optimists. A position in the library is to be included. The staff was asked to give some attention to the records stored in the retention room. The Finance Director furnished some information on records management. The compensation matter will be discussed at next week's staff meeting. The staff will be receiving from Candy Morgan a memorandum which details the complaint which AFSCMH filed against the City; also a memorandum being prepared by Tony Kushni.r in response to the complaint, z n EL r; z n EL TY OF IOWA CITY /• Cis CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM L'r rl 1 V 1l DATE: April 22, 1975 TO: Neal Berlin FROM: Dick Plastino RE: Stop Signs atWeste n And California A question has been asked as to the City's procedures on signing bus routes. We do not protect all bus routes with stop signs at the present time. The guidelines for stop signs at the present time are as follows: 1. Protect all designated arterial streets; 2. Install stop signs when justified by the State adopted manual, Manual on Uniform Traffic Devices. This manual says that a stop s gn may a warranted at an intersection where one or more of the follow- ing conditions exist: a. Intersection of a less important street with a main street where application of a normal right- of-way rule is unduly hazardous; b. Street entering a through highway or street; C. Unsignalized intersection in a signalized area; d. Other intersections where a combination of high speed, restricted view and serious accident record indicates a need for control by a stop sign. Accidents at this location are as follows: One accident occured at California and Western in 1973. There have been no others since 1970. The particular question about this intersection touches on a larger problem. The best method of using stop signs is to protect all major arterial streets with stop signs. In purely residential areas, all intersections should be left unsigned unless special hazards exist. In this manner, a driver becomes aware of what is to be expected and not expected. Random installation of stop signs at isolated intersections in a residential area can lead a driver to believe that he is on a protected street throughout its length. This usually will not be the case in a residential area. In other words, it is felt that stop signs should be used to page 2. MEMO: Stop Signs at Western/California protect arterial streets and at locations which are of such a serious nature that no other traffic control remedy will resolve the situation. Protection of bus routes by stop signing is not advisable since the buses pass by any given point only four times per hour and in many cases the bus routes are in strictly_ residential areas where the stop signing would not seem to conform to any pattern when viewed by most drivers. CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM r-� DATE: A it 23, 1976 TO: Neal Berlin FROM: Dick Plastin RE: The Park Roa Bridge Deck Repair Project The Iowa State Highway commission has contacted us regarding the paperwork procedure on this Federally funded project. I thought you might find some of the typical form work interesting. The original pile of instructions and form booklets made apile approximately 12 inches and I have attached some of the more pertinent forms. It appears this project will tie-up one of our best inspectors full time for at least six weeks. RJP:bz Attachment 7,' Lp J LLA- ��- • s MINUTES OF STAFF MEETING April 28, 1976 Items from the Council. meeting of April 27 were discussed: Mayflower Apartments submitted a petition to the Council requesting that there be an actuated crossing light in front of their apartment building. Public Works is to report back to the Manager. The Frantz rezoning ordinance will be on the agenda for the Council meeting of May 4. Tom Struve is to provide the Manager with a report regarding the tornado warning system, including dates. Dennis Showalter is to provide the Manager with a date by when the appraisals on the riverfront land will be received. It will be necessary to set a public hearing on this matter. Dennis Kraft is to check on the Dean Oakes Subdivison and report to the City Manager. May 9 - 1S will be proclaimed as National Police Week. The Chief of Police is writing the proclamation. The Manager requested that the Shelter Master be present at the next Council meeting, Ml1y 4, for the public hearing regarding the impounding of a dog. The Slurry Seal matter was deferred. The Director of Public Works is to report back to the Manager on this subject (economics, availability of con- tractors, etc.). This matter will also be discussed at the informal session on Monday, May 3. The public hearing on the revised housing standards was set for May 11. There was some discussion at the Council meeting of April 27 regarding these standards and the degree to which information was disseminated to the public. Anytime the staff is working on ordinances or policy which is of significance to the community, it is desirable to touch base with groups in the community and try to work out problems before the matter comes before the City Council. Contracts with Coralville and the University for the buses were approved. May S will be Civic Day. There are fifteen department head slots to be filled by scouts. The day will begin with a presentation by the Mayor and City Manager. The scouts will then meet with people with whom they will be spending the morning. They may attend the Staff Meeting. They will meet in the lobby and then depart to have lunch with the Optimists. A position in the library is to be included. The staff was asked to give some attention to the records stored in the retention room. The Finance Director furnished some information on records management. The compensation matter will be discussed at next week's staff meeting. The staff will be receiving from Candy Morgan a memorandum which details the complaint which AFSCME filed against the City; also a memorandum being prepared by Tony Kushnir in response to the complaint, L] 9 (YyAw"a o�5 RIVER TRANSPORTATION DIVISION STATE CAPITOL DES MOINES. IOWA 50319 MI�YYiw� REF. NO. 095 April 13, 1976 Mr. Dick Plastino Director of Public Works c/o City Council Civic Center Iowa.City, Iowa Dear Mr. Plastino: Enclosed is the information you requested about Locks a Mr. Lightsey, our Director of the River Division, would be more than happy to meet with your City Council to discuss Locks and Dam 26, if you wish. He may be _contacted at (515) 247-4295. If we of the Iowa Department of Transportation can be of further assistance, please let us know. Enclosures Sincerely, Valerie Hunter Secretary COMMISSIONERS DONALD K. GARDNER STEI',IENGARST WILLIAMf".MCGRATII ANNPELLEGRLNO RODERTR.RIGLER L. STANLEY SCHOELERMAN ALLANTHOMS E.d." Repidl Coon ii Mel,me 510,y Elly New Hemplon 5pence, Dubuque t The study, conciuded,that the cost of a 12-fuut ch tnnel on the t of Grafton, Illinois, would exceed the benefits based; cure recommended no further study, at this time. Based on; the firidin i Study and the need for Congressional :approval prior .to ma authorized 9 -foot channel depth; the Iowa Department of ,Tr, presumption that there are no plans for constructing(a 12 foot river upstrcam of Grafton, Illinois. Year -Round Navigation - 1 he Army Corps of 1'ngineers condtic,ted-a,,,ItidV,-;igiiii,I at entitled MISSISSIPPI "RIVER YEAR-ROUND Ir^AVIGAIIOP published in September 1973. The purpose was to dctcrmine;tl engineering, economic, environmental and social invcstigation'int season between the mouth_ of the Ohio River at Cairn; iliinois,`an Minneapolis, Minnesota. Based on preliminary estimates of economic benefits and engi _ of the navigational season to 52 weeks to Burlington;_lowa, anc Wisconsin (near Guttenberg, Iowa) ,was deemed to warrant forth the navigational season between Cassville and -Minneapolis lacked' I Locks and Dam No. 26 The Corps' proposed reconstruction of Locks and, Dam No critical to the,future of_waterborne commercial transportatror locks, built =in 1938,, reached their '46 -million -ton �design_cap increased to 54.5 million'.tons in 1975; there arc delays up to 4 lock through. Due to cost considerations and a concern for 1h4 ` existing locks '`and .dam, the Corps has proposed;.a 'replaci downstream, with a design capacity of ,170 million tons (two conducted by the Corps have demonstrated that • the prose increased to 73 million tons by the use of switchboats. Corps that the 73 million tons will be reached in 1981. Tt•ic`primary_fu j to move the first half of a double lockage tow to troonng facil 1 eliminating the need to reconstitute the tow in the 166kchamber, j Both the environmentalists and the railroads object to the j factions feel it is merely, a first step ina multi billion dollar p Mississippi River System to accommodate large increases rn tri oppose any increased commercial river travel on the grounds tF the natural environment. The main'. concern of the, railroads increased lock capacity would present; since river transport atio waterway improvement costs, the waterways have a'competitiv sr e 4 xs X �;,i'�1fi -,--The majority of commodities exported or importer lucks and with a'7 1 _ 0 10 -year construction.rcqurrcmen Dam; 26 would raise havoc with the shipment of commerce. In more measurable terms this amountof < 40 -foot boxcars.' The Iowa' Department of Transpoi Governors Or have duo pts t c position that a re 'hvo Miles downstream of the existing Locks and Dam`i MTTect insta ed at the time of cunstruction with the a .cr .rA e, based "Pon future dcmand issenvironmi '11,7 1j e_ Disposal of Dredge Material 'With today's Immense concern for preserving the er examine dredge material disposal practices. For example has stopped the Corps of. Fngincers from dumping dred; the 'river._ The WisconsinDepartment of Natural Rc contends that the aim of the lawsuit is notto shut dou dumping of dredge material in fragile wildlife and watcrfi Since maintenance dredging is necessary to continu dredging methods compatible` with the environment, but This means greater utili-ation of this material (typically beach nourishment, Artificial islands for recreationai.use 'ancl stockpiling for street and highway s- cli :dunng'- uscs must also be explored, e.g., reclaiming open Pit mine utiiliiation as ballast by the railroads. Transportation cost if the material could be shipped on empty coal train ba Transportation, with the Great River Environmental `'A dredge material soil properties and investigating possible, for it in Iowa. Port of Iowa Interest has been expressed in developing a Port state-owned railroad. This idea stirred the interest of re- andl a few legislators, because the state could the n.establ for shipments to the river: Aajor drawbacks arc problems associated with public facilities:that could have a detrimental affect on the opc terminals -which would compete with this facility ;ro 'auth6rities'-arc created ror:the inland waterways, they`ai private development' and "providing `; only those 5 fachit attractive' enough to stimulate the investmcnt.of'pr'rvatc the (federal iurcc bar; 3. That the increased barge costs presently caused by excessive delays at Locks and Dam 26 are being passed directly on to the consumer. Further, that if these added delay charges were applied against the reconstruction of Locks and Dam 26, as we recommended, the entire project would be paid for in approximately 11 years --only one year longer than it would take for the total construction project. (See enclosure 3) 4. That the cost to the general public in terms of increased transportation costs and environmental damage in the event of failure of the old structure, far exceeds the cost of replace- ment. The immediate impact on Iowa shippers who use river transportation, would be to more than double their shipping rates, i.e., the rail rates from Dubuque to New Orleans are almost three times the river rates for the same distance. Also, rails simply couldn't handle the "shock load" of 50+ million additional tons per year. S. That close analysis indicates that the environmental effect of the reconstruction project would amount to no more than a temporary interruption of the ecological chain in that particular area. It would cause no permanent damage, nor would it threaten any rare or endangered species. The project would, in fact, enhance the recreational access to the existing river area.. I might also mention that the Iowa DOT is not the only state agency supporting this reconstruction alternative. In addition to the legislature, the Governor expressed his. support of this project based on affirmative recommendations by the Conservation Conunission, Natural Resources Council, Iowa Development - Commission, Geological Survey, etc. As to the 12 -foot channel --an argument claiming this is a "nose in the tent" . to expansion. The Iowa DOT does not favor such a T2 ect. .In fact, neither does the ArmCoros o Engineers. The results of a Corps study of this project, .1973, states:. ...The cost of a 12 -foot channel on the Mississippi River upstream of Grafton, Illinois,. would exceed the benefits based upon current traffic projections. ..This conclusion is -based upon a preliminary estimate of measures needed to mitigate environmental impacts and -does not include'a complete environmental assessment.... It is recommended that there be no further study at this time of a 12 -foot channel on the Mississippi River upstream of Grafton, Illinois...." You ask about the applicability of user charges for the river operators. User charges are one method -to ensure that adequate funds are available to support a balanced, multi -nodal Lransportation system not only here in Towa, but nationwide. However, before a decision can be made to adopt such a system, we must examine: 1. Methods of assessing the users'of a subsidized system.. 2..Methods of allocating funds to the various modes.. Thus, the question is: lt'hich modes should receive federal and/or state funding, hots much funding; and should users of subsidized modes be assessed for the use of such systems? This question cannot be answered without con- siderable research and study. This process of research and study is currently in progress within the Iowa DOT. I%Iiile we can't say at this time what course we will take we can state that we are not opposed to the imposition of user charges. We feel user charges would bein order if 1), we discover that one mode is continually receiving a disproportionate subsidy, 2), if we feel that current funding levels are not adequate to ensure the maintenance of a well- balanced, viable transportation system, or 3), the subsidy is coming from the "wrong" sources. We do not feel that one isolated expenditure, such as Locks and Dam 26, should determine whether or not river users should pay a fee. Rather, as stated above, we must necessarily view all expenditures -for all modes before making such a determination. The foregoing represents a brief sum -nary of how we view the Locks and Dam 26 problem. I hope we have answered your questions. Ile haven't addressed our selves .to the dilemma -of the railroads_,.nor did we intend to. While we can. of easy answer to this problem; we do believe the solution is not to be found in allowing another mode, the river system in this case, to deteriorate into obsolescence under the guise of aiding the railroads. If we'c m be of'further assistance, please let us ]mow. - So I ALL OTHERS COMMODITIES TRANSPORTED ON IRON, STEEL THE UPPER MISSISSIPPI RIVER A. SULFUR AND THE ILLINOIS WATERWAY 4D MovS.ng through Locks and Dam 26 G RAIN Z ]0 O O Z O SAND,S70NE { S GRAVEL `- Z 20 O U COAL a U , COKE PETROLEUM_- PRODL)CTS. o 197.0 . 1945 1950 1955 1960 1965 - Enclosure 1 "Ilse following is a brief ofne of the facts and method d to 'arrive at the ]1 year project repayme period mentioned in subparaph k4: 1. Avera e dela time, Locks and Dam 26, for months of August, eptem er an cto er, 1975: a) 14.3 hours* However, it should be noted that during the month of October,, 't * ows experienced average delay in excess of 22 hours. In fact, onetow was delayed 75 hours and 40 more experienced delays in excess of 40 hours each. 2. Tonnage through Locks and Dam 26, calendar year 1974: a) 54,000,000 tons* Preliminary figures indicate that 1975 tonnages will*be:even greater. 3. cost of operation in dollars per hour of average tow: a) $200/hour***(Average) . 4. Total number of commercial lockages at Locks and Dam 26 for calendar year 1974: a) 12,000* Using the above: Step 1) 54 x 106 tons/yr. = 4,500 tons/lockage 12 x 103 lockages/yr. Step 2) $200/hr. -x 12.3 hrs.*** _ $2,460/lockage_ ge d loc aelay.time Step 3) $2 .460/locka e = $•546/ton 4,500 tons loc age Step 4) $.546/ton x 54,000,000 tons/yr. _ $29,484,000/yr. Step 5) $330 000,000 - 11.2 yrs. " 9,4 Source of info., U. S. Army Corps of Engineers, St. Louis District. ** .Operating figures of major Upper TJississippi River towing company. *x* The reason 12.3 hours is used here, as opposed to 14:3 hours, is that the towing industry is willing to accept a locking delay of up to two hours. Also,.keep in mind that 90% plus of river commerce is unregulated, that rates are based on supply and demand, cost, and competition; and that the rate structure is responsive both rays to cost variations. So just as rates go up when transporta- tion costs increase, they"will"come clown en costs decrease.. In other words, river shipping companies -will not, and cannot, because of competition,'maintain the higher rates currently induced by Locks and Dam 26 delays tifien these delays are reduced to acceptable levels.'_ Enclosure 3 R uu n+r D. RAY 0 0 C ffice of f[Ie if'oberrn,r GIATC CnP.TOL O P_9 .01I en. IOWA 50310 wi.11i.un C. Gribble, Jr. TJeuL(-nant General, USA Chief of Engi.ncors Department of the Army Washington, D. C. 20314 Dear General Gribble: September 5, 3.975 I am writing to you to advise you of the position of the Iowa inter -Agency Resource Council on the question involving reconstruction of Lock and Dam No. 26. The Inter -Agency Resource Council which is made up of the heads of various state agencies dealing with the natural re- sources of the state, as well as a member of my staff, have reviewed the supplemental material and the Final Environmental Impact Statement. They have also made certain investigations and special studies regarding this project and have concluded as follows: 1) That Lock and Dam No. 26 is situated at a key location on the inland waterway navigation system, and that the use of the existing facility is nearing its capacity, is obsolete and has a lower factor of safety than other facilities in the Mississippi River system; 2) That the inland navigation system is an important, mode of the total transportation system needed to move bulk commodities into and out of the Central United States; 3) Pkat the movement of petroleum, chemicals fertilizers, coal, steei and other products, as well as the overseas ship- ment of corn, soybeans, wheat and other agricultural products, is important to the economy of the states and the nation. 4) That the recommended plan for a replacement structure approximately 2 miles downstream of the existing Lock and Dam No. 26 with the installation of one lock 110 feet by 1200 feet at the time of construction, with the option to add another lock at a later date, based upon future demand, is environmentally and economically the best alternative; General William C. Gribbl.e Page two 5) That although there was not sufficient information con- tained in the various documents to analyze the energy efficiency of navigation versus other modes of transportation for certain producLs, it is believed that since the total system is not being altered but merely correcting a deficiency at this location, that the energy comparison figures are not necessarily applicable at this time; 6) 'chat some state departments in Iowa, along with the state legislature, many other groups, and organizations have supporLed the replacement of Lock and Dam No. 26; 7) That the replacement of Lock and Dam No. 26 as proposed in your report- is in the best interest of the State of Iowa, and that a.recommendation should be made to Congress for authorization and funding. I concur in the Inter -Agency Resource Council conclusions and urge that your report- be forwarded to Congress for their consideration at an early date. I appreciate the opportunity ....to review..ind.comment on this,proposed improvement at Lock and Dz,m No. 26 on the Mississippi River near Alton, Illinois. Sincerely, Robert D. Ray Governor RDR:ks � •'may •: .` j _ ... c � •� :-1. 'n•.t' �;:. \ i _ >� n ` a :o mss.: •" " �`• Z'" EXISTING RAI >1 LROAD CIN cl G1 \ N 50,Z z v?e l tz C '\ m .l 'Py' �,�• Q .pip .I r�� - : I 'i ', •g ...'. r CC i • G 0 i s Pd \ r moi. �• _ xz LL VL T.,_� ,.... �_O• _, t y i. _ •�-_-r' Lam. G— a City o4 Iowa City DATE: April 27, 1976 TO: Department Heads FROM: Candy Morgan GA4& 41-2-'7 RE: Prohibited Practice &Mlaint On Monday, April 19, word was received from a reporter at the Press -Citizen that a Prohibited Practice Complaint was filed against the City. it complaint, which was written by Sue Sheid, was delivered to the Press -Citizen before it was received by the City or by the Public Employment RelatioT ns BoarT n Des Moines. The complaint accuse; the City of four things: 1. The City is taking an unreasonable position on items under negotiation. 2. The City wants to negotiate on economic items last. 3. The City's negotiator does not have the power to agree to items. 4. The City refuses to meet reasonable lengths of time. We believe the complaint is without substance for the following reasons: 1. The complaint does not state a violation of the law or state facts which show a violation of the law. The law says that it is a pro- hibited practice for any public employer..."to willfully refuse to negotiate in good faith with respect to the scope of negotiations section of the Act." The scope of negotiations section sets the minimum standard for bargaining: "The obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession. The complaint, which is made up largely of notes taken by a member of the Union negotiating team, doesn't say anything that would be a violation of this section, but rather it sets out places where the City and the Union disagree with each other on specific items or on procedures and indicates that the City does not agree to Union proposals. 2. It is common in negotiations to discuss economic items last. This is particularly important this year because a final determination has not been made by the Governor or State Appeal Board on what our budget limitation will be. 3. The procedures we have developed for team meetings accompanied by meetings with department heads, City Manager, City Council sufficiently empower the negotiating team to agree on issues which would help us to produce a workable contract. Clear guidelines have been given by the Manager and the Council on acceptable items and the team is aware of its authority. Department I -leads April 27, 1976 Page 2 4. The complaint states that we have met fourteen times since the end of January and dispels the charge of refusing to meet at reasonable times by its own statements. Many of the meetings have been four hours in length. we are flexible with meeting times and are willing to alter the frequency and duration if it will help us to reach agreement. There is an addendum to the complaint which alludes to a conversation between a management team member and a Union member. An insufficient amount of informa- tion appears in the complaint to determine exactly what happened in the specific incident mentioned, but as a general guide the Code says, "the expressing of any views, argument, or opinion or the dissemination thereof.... shall not constitute or be evidence of any unfair labor practice.... if such expression contains no threat or reprisal or force or promise of benefit." Ile are filing two motions with PERB in response to the complaint. One requests PERB to dismiss the complaint and the other requests that the Union make a more specific statement of the charges. We are also requesting more time to answer. The complaint appears to be a strategic move which AFSCME is using across the State. Fourteen prohibited practice violations have been filed by AFSGIE in the last 60 days. Apparently the Union is not'fond of the "tough but reasonable" approach developed by the team in discussions with the City Council. The Union is apparently taking this approach to pressure us into agreement with their demands. BEFORiWE PUBLIC EMPLOYMENT RELATIONS,ARD AFSCME, Local 183 Susnn Shaid, Chief Negotiator, ) Case Nos. 543 and 544 Complainant, ) and ) APPLICATION FOR PRELIMINARY INVESTIGATION AND 140TION TO City of Iowa City, Iowa, ) DISMISS WITH PREJUDICE; 140TION FOR MORE SPECIFIC STATEMENT. Re:;t,ondent. ) APPLICATION FOR PRELIMINARY INVESTIGATION AND MOTION TO DISMISS COMES NOW the City of Iowa City, Iowa, by and through its representatives and moves the Board to conduct a preliminary investigation of the aboveentitled complaint and to dismiss said complaint pursuant to Section 660 Ch. 3.8(20) of the Iowa Administrative Code for the following reasons: 1. That the complaint fails to allege a violation of section 10 of Chapter 20 of the 1975 Code of Iowa or to state any other cause of action for which relief may be granted under the laws of the State. 2. That the complaint. has no basis in fact in its allegations that the respondent has conducted or is engaged in unfair labor practices and such com- plaint is merely a technique of strategy on behalf of the complainant. 3. Complainant's allegations in sections 1, 2, 3 and 4 of its complaint do not state, allege or show a bad faith attempt or malicious intent on part of the respondent City oC Iowa City to w.illCully refuse to negotiate with res;,o-ct to section 9 of Chapter 20, Code of Iowa, 1975, but rerely state the comp1w.:i- ::et's displeasure and disagreement with the respondent as to certain issues,in the ongoing negotiations with the re:-.yondent.- WHEREFORE, the Respondent, City of Iowa City, Iowa, respectfully req— `s that the Public Employment Relations Board conduct a preliminary inver:'iga''on of the alleged violation, dismiss the complaint on the grounds that it does not state a cause of action and has no basis in fact, and any other such relief as the Board deems necessary and proper.. MOTION FOR MORE SPECIFIC STATEMENT CONES NOW the City of Iowa City, Iowa, by and through its representa`i.ves in the alt.:rnative that its application and motion be denied, moves pursuant: Lu Section 660 Ch. 3.3(20) of the Iowa Administrative Code that the complainant ht required to make the complaint more specific in the following particulars: 1. The specific section or sections of the act alleged to have: been violated. 2. A clear and conr_i::-, statement of the facts constituting the alleged pro- hibited practice. The co,.i;.laint fails to allege or show in any clear or concise statements any facts or incidents which would constitute the alleged pr..?tib.ited practice. but is merely composed of sentence fragments and phrases tak-in out of context from a compilat'_on by some individual identified only as Flowers. WHERT:FORE, the Respondent, City of Iowa City, Iowa, respectfully regnests that the Po,trd require the complainant to make the complaii::- more spv:ific in the above described t,'eas so as the respondent may prol.erly an_.%,or. L ' Candy Morgan --- ---- --- Human Relations Director City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 BEFORE THE PUBLIC EMPLOYMENT RELATIONS BOAF(D AFSCEM, Local 103 ) Susan Sheid, Chief Negotiator, ) Complainant, ) and ) City of Iowa City, Iowa, ) Respondent. ) Case Nos. 543 and 544 APPLICATION FOR EXTENSION OF TIME TO ANSWER COMES NOW the City of Iowa City, Iowa, by and through its representative and respect nilly applies to the Board for an extension of time to answer pursuant to Section 660.3.5(2) of the Iowa Administrative Code for the following reasons: 1. That the length and complexity of the petition filed.herein require. respondent to investigate numerous written and oral proposals submitted to the complainant and notes of team members from some fifteen sessions conduct•A between January 26 and April 19, 1976, and that respondent may be unable to supply specific facts and circumstances requested in Section 660.3.5(3) of the Iowa Admi%istrative Code without such investigation. 2. That the nature of the complaint is such that it outlines not only specific proposals negotiated by the complainant and respondent but also spc.,ifies positions taken by the p-rrtios on said proposals in that in answering specific proposals respondent may be required to state or reveal its position on issur-s under negotiations and that this revelation of respondent's position or por:it.ions would be detri.ipntal to the continuing negotiation of issues between the parties. 3. That the complaint filed is lacking in relation to its contents in that a clear and concise statement of the facts constituting the alleged prohibited practice 'including the names of the individuals involved in the alleged act and the specific section or sections of the act alleged to have been violated are not set in. wiTT•-.BEFORE, the Respondent, City of Iowa City, Iowa, respectfully requests for an extension of time for thirty to sixty days in order to complete contract nego- tiations prior to answering this complaint and in the alternative, respondent r,quests an extension of time for fifteen days in order to prepare its answer to the complctLnt. CELL( (Cti Candy MorgaK human Relations Director City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 I kj FACILITY PLAP! CITIZENS C014MITTEE / � � ' 7rL IOWA CITY, IOWA Report on Meeting of March 24, 1976 The second meeting of the Facility Plan Citizens Committee was held in the City Manager's conference room at the Civic Center in Iowa City at 7:45 P.M., Wednesday, Larch 24, 1976. The meeting was attended by Committee members, staff members of the City of Iowa City, and representatives of Veenstra R Kimm, Engineers & Planners. A list of those in attendance at the meeting is attached hereto. The other attachment to this report is the Agenda for conducting the meeti rig. Gene Dietz, City Engineer for the City of Iowa City, introduced those in attendance and spoke briefly with regard to the Facility Plan. Jim Y.imm of Veenstra £. Y.imrn advised that the Environmental Protection Agency tendered a grant offer of $92,250 on February 2, 1976. The offer was accepted by the City on February 23, 1976. Kimni discussed the conditions of the grant offer. The offer included several special grant conditions, including a scheduled completion date of September 1, 1976, for the .entire Facility Plan. The City has requested an amendment to the special grant conditions of the grant agreement. If the request for the grant amendment is approved, the date for completion of the Facility Plan will be September 1, 1977. The Committee was presented with a timetable for the various work elements up through the preparation of plans and specifications for the recommended facilities. Gene Dietz then informed the Committee of a meeting in Des Moines on February 20, 1976. This meeting was attended by representatives of Iowa City, University Heights, the Iowa Department of Environmental Quality, and the Environmental Protection Agency. Several important matters were discussed during this meeting, including the following: One condition of the grant agreement required assurance that the Cities of Iowa City and University Heights will adopt resolutions or execute an agreement for acceptance of the Facility Plan. These resolutions or agreements must be executed prior to approval of the Facility Plan by EPA. 2. The City of University Heights had applied for a federal grant for an Infiltration/inflow Analysis of its sewer system. The EPA representatives advised during this meeting that no grant would be made to University Heights for an infiltration/Inflow Analysis. N 3. The requirements of EPA regulations with regard to sewer rental rates were discussed in detail at the meeting. It was the contention of tiie EPA representatives that the present surcharge applicable to University Heights users was not equitable. It appears that sometime in the future, if further EPA grants are made, that the user charges to University Heights will be on the same level as those made to Iowa City users. The possibility was discussed that some increment would be added to the user fees paid by University Heights in lieu of property taxes paid by Iowa City residents. Dietz and members of the Conmrittee were to University Heights could be an item Iowa City now provides. in general agreement that sewer service separate from the other services which Kimm discussed the possible costs of financing construction of the improvements recommended in the Facility Plan. Assuming a total cost of $20 million, the local share, assuming a 75'' federal grant and a 5% state grant, would be $4 million. It was pointed out that the 5'N state share, or $1 million, would have to be temporarily financed from local sources until the end of the project when the state payment is normally made. It was pointed out that the cost to retire $4 million in general obligation bonds over a 20 -year period would cost an average of $360,000 per year. This was based on the assumption that general obligation bonds could be sold by the City of Iowa City at an interest rate somewhere between 6.25% and 6.5%. Based on an assessed valuation of $431 million for the City of Iowa City, this would require a debt service tax levy of 83.51 per $1,000 of valuation. Paul Nolan of the Iowa City staff discussed field work which has been done to date. He reported that the system had been divided into drainage areas and that key manholes had been selected. Sewer- lengths had been calculated in all areas and the anticipated dry weather flow from each area has been established. He also reported that elevations have been established on all key manholes. Nolan described in detail the work which was done during the 211 -inch rainfall of March 4, 1976. He reported that the impact of the rainfall was noted at the plant within two hours after the start of the rainfall event. He stated that he believes that there are large amounts of inflow reaching the sewer system. He also reported that the temperature of the raw sewage decreased shortly after the beginning of the rainfall and that it remained lower throughout the day. lie advised that the key manhole on Riverside Drive overflowed all day on March 4, 1976. Nolan reported on the groundwater elevation monitoring gauges which have been established at 20 locations. These are being read up to three days after a rainfall event and on bi-weekly or tri -weekly bases during dry weather. IVA THE CITIZENS' ADVISORY&PMMITTEE COMMENDS THE BOA OF SUPERVISORS FOR INITIATING A COMP NSIVE PROJECT FOR LAW ENWRCEMENT AND COUNTY ADMINISTRATIVE NEEDS IN A WAY THAT SAVES THE TAXPAYERS' MONEY. THE CONCEPT, CONFINED TO THE EXISTING COURTHOUSE SITE, DEMONSTRATES AN ADMIRABLE USE OF EXISTING RESOURCES, ACCOMPLISHES SUBSTANTIAL CONSTRUCTION SAVINGS AND TAKES NO LAND FROM THE TAX ROLLS. Ilj(/1 BY RECOGNIZING THE VALUE OF THE EXISTING COURTHOUSE AND TAKING MEASURES FOR ITS RESTORATION AND PRESERVATION, THE SUPERVISORS CAN EXTEND ITS TRADITIONAL CAPACITY TO SERVE THE PUBLIC WHILE MAINTAINING THIS HANDSOMELY SITED AND DISTINGUISHED ARCHITECTURAL LANDMARK FOR FUTURE GENERATIONS. THE COMMITTEE RECOGNIZES AND CALLS YOUR ATTENTION TO THE FOLLOWING FEATURES OF THE PROPOSED PROJECT: A. THE PRESSING NEEDS OF COMMUNITY LAW ENFORCEMENT, AND THE BENEFITS OF A JOINT COUNTY -CITY VENTURE DEMONSTRATED IN THE 1975 LAW ENFORCEMENT STUDY ARE RECOGNIZED AND MET IN THE PROPOSED PROJECT. 1. THE LAW ENFORCEMENT FACILITIES ARE WELL RELATED TO THE EXISTING COURTHOUSE, YET SUFFICIENTLY SEPARATED FROM OTHER ADMINISTRATIVE AREAS. 2. CITY PARTICIPATION AT THE INITIAL CONSTRUCTION STAGE ALLOWS THE USE OF MORE SHARED FACILITIES BETWEEN COUNTY AND CITY, RESULTING IN SIGNIFICANT INITIAL COST SAVINGS AND LONG RANGE EFFICIENCY. B. THE EQUALLY PRESSING NEEDS OF COUNTY ADMINISTRATION SPACES AS THOROUGHLY DOCUMENTED IN THE HANSEN-LIND-MEYER STUDY OF 1972 AND THE REGIONAL PLANNING STUDY OF 1975 HAVE BEEN RE- EVALUATED AND ADEQUATE SPACE WILL BE PROVIDED TO SATISFY A 20 YEAR PROJECTION. DEPARTMENTS PREVIOUSLY MOVED OUT OF THE COURTHOUSE BECAUSE OF INADEQUATE SPACE WILL BE BROUGHT BACK INTO THE NEW BUILDING. C. A MAJOR BENEFIT OF THE RESTORATION OF THE COURTHOUSE BUILDING IS THE RECOVERY OF APPROXIMATELY 18,500 SQUARE FEET OF FUNC- TIONAL SPACE THAT WILL BE MADE AVAILABLE FOR COURT -RELATED FUNCTIONS. THE SITE WILL BE USED TO THE FULLEST ADVANTAGE: 1. THE HILLSIDE PERMITS THE MAJORITY OF THE NEW SPACE TO BE BUILT BELOW THE UPPER GRADE LEVEL PRODUCING A LOW PROFILE BACKDROP STRUCTURE BEHIND THE EXISTING COURTHOUSE. 2. SURFACE PARKING PRESENTLY SURROUNDING THE COURTHOUSE WILL BE REMOVED AND THE CAPACITY WILL BE DOUBLED IN A HILLSIDE STRUCTURE UNDER THE NEW ADDITION. A PARKING POLICY WHICH MAKES THE PARKING PORTION OF THE PROJECT SELF-LIQUIDATING IS RECOMMENDED. 3. BEDROCK SUBSURFACE CONDITIONS ARE EXCELLENT FOR THE IN - VISIONED PROJECT, AND PERMITS FUTURE EXPANSION BY CON- STRUCTION OF ADDITIONAL FLOORS. E. IN CONSIDERING ALL NEEDS AND ALTERNATIVE PROPOSALS, THE ONE -BUILDING, ONE -PHASE CONSTRUCTION CONCEPT PROVIDES THE MOST PRACTICAL, FUNCTIONAL AND LEAST EXPENSIVE SOLUTION. THEREFORE, THE CITIZENS' ADVISORY COMMITTEE RESPECTFULLY RECOMMENDS THAT THE BOARD OF SUPERVISORS ENDORSE THIS SIX AND ONE HALF MILLION DOLLAR PROJECT BY SETTING THE DATE OF THE PRIMARY ELECTION IN JUNE AS THE DATE OF A SPECIAL ELECTION TO PROVIDE THE VOTERS OF JOHNSON COUNTY THE OPPORTUNITY TO RECORD THEIR INTENT ON THIS MATTER. CITIZENS' ADVISORY COMMITTEE PAUL MC NUTT, CO-CHAIRMAN CHARLENE STEVENS, CO-CHAIRMAN ADRIAN ANDERSON MARGARET KEYES ANNETTE LILLY WALTER SCHROPP TOM SCOTT NANCY SEIBERLING RON STUTZMAN ORVAL J. YODER WITS I AM w A KIM "I ry 4; I A i win was : gra"A M................... . . . . . . . . . . . . . . . . A Ply I AM w A KIM "I ry 4; I A i win was I INFORMAL COUNCIL DISCUSSION r MAY 3, 1976 1:30 P.M. The Iowa City City Council met in informal session on the 3rd day of May, 1976, at 1:30 P.M. in the Conference Room at the Civic Center. Councilmembers present were: Balmer, Foster, Selzer, deProsse, Perret, Vevera (1:35 P.M.), Neu- hauser (1:35 P.M.). Staffinembers present: Berlin, Hayek, Stolfus, Schreiber. Mayor Pro Tem deProsse presiding. COUNCIL TIME The question was raised as to why, as stated in the Parks and Recreation Commission minutes of April 14th, bids were to be considered from out-of-state. The City Manager advised he would check this out. Also on page 3 of these minutes, was a recommendation concerning acquisition of land for Hickory Hill Park. It was suggested that Council wait on what to de- cide after the decision is made on the Riverfront property acquisition. Mayor Neuhauser arrived, 1:35 P.M., and pre- sided for the rest of the meeting. Attendance at the Department of Transportation's May 14th meeting was discussed. Councilman Perret called attention to a special meeting at noon in Des Moines on the 14th with repre- sentatives from Ames, Ottumwa, Marshalltown, Clinton, Iowa City, and Burlington to discuss the importance of operating subsidies for mass transit. A letter was presented for the Mayor's sig- nature. Councilwoman deProsse volunteered to go to the meet - ing in Des Moines. She pointed out that the National League of Cities Transportation Committee will begin to lobby on a Federal bill concerning operating subsidies. Concerning addi- tional money to finance bikeways, information will be forth- coming. She learned that UMTA is looking to do demonstration projects in connection with Public Safety. City Manager Neal Berlin pointed out that the Staff is beginning to work on the appeal on the budget to Appeal Board, and asked for any ideas or information to be incorporated in the appeal. He discussed the information being provided to the public concerning the Affirmative Action incident in re- gard to the change in the job description for the position in the Finance Department from Assistant Finance Director to Administrative Assistant. He stated that June Higdon was not an applicant for the position, and he did not discourage her from applying. He gave his justification for changing the job description, the two differences in the description being in the areas of investment of funds and supervision. He 0 0 Council Discussion Page 2 May 3, 1976 stated that the compromise was acceptable to Mel Jones but not to Pat Strabala; however, if Council accepts the compro- mise, Strabala would live with it and make it work. The City Manager noted that material concerning the Com- mittee on Community needs had gone to the Rules Committee, and would be discussed later. AGENDA ITEMS Items 13 and 14 were explained as being required by the Code. It was noted that the exact figures were not used in Item 5.A.3. The City Manager advised that the preliminary draft for the Animal Control Ordinance has not been reviewed by the Legal Department. He noted that two counties have acknowledged the City's letter on animal control and Johnson County would like to meet with Council and discuss the prob- lems. The City Manager pointed out that a motion would be need- ed to include the increase in eligibility limits for the Section 8 Housing into Iowa City's policy. It was suggested that concerning rent withholding and minimum housing standards ordinances, more specific information be given concerning in- spections being done now, also a suggestion was made that with more control and enforcement, many of the problems could be eliminated. -- DISCUSSION OF FUNDING OF FY 177 City Manager Neal Berlin called attention to his memo of April 9th, Human Services Funding, and summarized the infor- mation, noting that the Mayor's Youth Employment Project will need an additional $329, making the recommendations for FY '77 from the Ad Hoc Youth Services Committee total $56,023. He recommended adding $10,000 for Council on Aging and $2,000 for the Police Explorer Post, which makes a total of $68,023 for FY '77. Out of the unexpended balances of $12,000 for FY 176 Youth Services, he recommended that $2,000 be allocated for the John- son County Council on Aging and $500 for the Police Explorer Post. Councilmen Vevera and Balmer objected to the allocation of $24,000 for UAY. James Swain was present for discussion and explained the Outreach Program for Mayor's Youth, the basic services including (1) Crisis Intervention, (2) Street Counseling, (3) Information and Referral, (4) Follow-up on the first three, and (5) Youth Ombudsman. He noted that they 9 0 Page 3 Council Discussion May 3, 1976 will apply for a $30,000 grant from the Runaway Youth program. They will be sending minutes of the Board meetings to Council. Day Bray, William Dennis, and Doris Ridgeman were present for the discussion. Ridgeman noted the need for persons to mow lawns for elderly, and for visitors for the lonely. A Time - Exchange Program was discussed, as was a Hospitality Center. Dennis advised that the Red Cross will be, along with blood solicitation, taking over periodic checks for senior citizens with diabetes, heart or anemia problems. It was suggested that a motion be adopted by Council concerning unexpended bal- ances. DISCUSSION OF FOCAL POINT AT DUBUQUE AND COLLEGE INTERSECTION City Attorney Hayek called attention to his memorandum concerning G.O. Bonding for the Focal Point and the Dubuque/ College Project. The whole project could be a part of the same bond issue, and the street improvements would not be subject to the referendum, but the fountain, tot -lot and rest rooms would be subject to a reverse referendum on petition of 850 voters. He suggested that, in answer to the question of when to vote on what goes in or goes out of the project, it should be no later than just after the public hearing, which is tenta- tively set for June 8th. The alternate sources of funding would be H.C.D.A. funds. If the focal point were to be paving, trees, planters, and benches, it might not be subject to refer- endum. It depends on what is incidental to a street project. Hayek's report represents his thinking along with that of the bonding counsel, Ken Haynie and the Finance Director, Pat Stra- bala. Use of Road Use Tax monies for the project was questioned. Observations made included: one reason the City got the HCDA money was because of the Urban Renewal Project; the Committee on Community Needs has not recommended to Council that this was a good use of HCDA money; and during one Councilmember's campaign, low and moderate income people were against using HCDA money for street projects. Director of Public Works Dick Plastino pointed out that the City is out of time, and if no decision is made on what is wanted for the focal point, etc., there would be no construc- tion this summer. It was suggested that a design be planned to do everything but the 100' square. The City Manager com- mented that it was good to know that it is the consensus of the Council that $150,000 is the approximate figure for the focal point. It was also Council's consensus that the parking ramp was not an acceptable alternative location for the comfort sta- tion. The need for firetruck access was pointed out as the J Page 4 Council Discussion May 3, 1976 reason for changing the location. Several Councilmembers agreed that they wanted to include a comfort station in the project. After discussion, Plastino summarized the direction of the Council -- to go ahead with the design and construction of paving of Dubuque and College, to keep the water and sewer where they are, unless replacement is needed, and leave the 100' square alone but design the focal point for construc- tion in 176 or 177 in the $150,000 range, keeping in mind that the utilities will not be relocated. Four Councilmembers agreed with this summary. Bill Nowysz stated that it would be nice to have the space clear of utilities for flexibility in design, but Council could restrict the designer as discussed, so his direction would be to work on Scheme "C" with the new restrictions. Mayor Neu- hauser called attention to the following: that the project would be subject under bonding procedures, to reverse refer- endum, and the Committee on Community Needs did not accept Council's suggestion that it be funded out of HCDA funds. SLURRY SEAL PROJECT Public Works Director Plastino presented a memo of com- parison of Slurry Seal with other types of maintenance and had a portion of pavement which showed the difference between the portion which was Slurry Sealed and the portion which was not. He outlined the problems the City has had, which can be corrected. He noted that this is only preventive maintenance. Des Moines uses Slurry Seal, but has their own Slurry Seal outfit. Purchase of a machine was discussed, $12,000, with $10,000 for a truck, but this was not recommended by Plastino. BIKEWAYS Director of Community Development, Dennis Kraft explained the Finkbine Commuter Project, noting that it would be a Federal 80%/Local 20% demonstration grant. The Resolution will authorize the University to construct the bike trail with Federal funds. There is only one Iowa pro- ject. The application is ready, the University has some assur- ances to give, and the A-95 review will be done by the Johnson County Regional Planning Commission. The University designed the project, and the local share will be funded mostly by Pro- ject Green. The route would go from Mormon Trek along the railroad tracks, tie in with a road from Rocky Shore Drive and on to the Recreation Building. The project will be discussed at the City -University meeting. The City agreed to be the lead agency. Meeting adjourned, 5:10 P.M. DATI: April 9, 1976 91 TO: City Council FROW City Manager RE: Human Services Funding The FY 77 budget provides $75,000 for the support of human service agencies. The Ad Hoc Youth Services Committee has recommended the following finding for youth programs. These are: United Action for Youth Mayor's Youth PALS Interagency Newsletter (Outreach Program) $24,560 23,328 7,266 540 Total $55,694 If the City Council authorizes these expenditure levels the City will establish appropriate financial procedures and contracts for the agencies which include a vehicle for measuring goal accomplishment. However, the limited cost and char- acter of the newsletter does not necessitate contractural arrangements. In addition, the City Council should consider funding two other services, the Johnson Council on the Aging and the Police Department Explorer Scout program. Some months ago the Johnson County Council on the Aging presented a budget proposal to the City. A copy of that proposal is attached. Since that time the Council on the Aging has received CEPA assistance fora director and a secretary, also the agency recently initiated its program. There will remain an unexpended balance of approximately $12,000 in the Human Services account at the end of the 1976 fiscal year. It is recommended that $2,000 of the unexpended balance be appropriated to the Council on the Aging and that in FY 77 the amount of $10,000 be provided. A contract will be entered into between the City and the Council on the Aging for specific program support. Excluded from the FY 77 budget was funding for the Police Explorer Post. Approximately 40 male and female explorers are very actively involved and provide many hours of noncompensated service to the City. A number of police officers also have been very active in this group and donate a great deal of their time and own money to support the program. It appears that financial support of this program is consistent with the City's support of youth programs particularly when the City's employees are actively supporting the effort. It is recommended that $500 in FY 76 and $2,000 in FY 77 be provided for the Police Explorer Post. Slurry Seal A. Purpose I. Seal against water 2. Stops raveling and spalling 3. Filler for popcorn surface 4. Rearing surface 5. Skid proof G. Slight leveling B. Preventive vs. Rehabilitation C. Compare with Chip Seal 1. No bleeding 2. No loose rock 3. Getter appearance D. Compare with Ilot Mix 1. Seals cracks 2. Much cheaper 3. Prevent vs. rehabilitating E. Other Agencies 1. Cedar Rapids 2. Missouri 3. State of Kansas 4. Des Moines - Force Account F. Deficiencies I. No structural strengths, 2. Will not level large dips 3. Delays traffic 4. Can not be used over oil clips and bumps and bumps spills, (parking stalls, etc.) PURPOSE OF THIS NEWSLETTER is • enhance communication between youth -serving agencies and to promote a closer �d PwYP06e: working relationship between these agencies. N N n The Newsletter will be published the last week of each month. The Newsletter Committee meets monthly to review 0 articles submitted for publication. Persons wishing to " submit articles or items of information are asked to send y their contributions to Judy Kelley, Iowa City Public Library, .ti 307 East College, Iowa City -- Phone 354-1264, or any U Committee member. v r0 Your articles, comments and viewpoints are invited. It is _ c the concensus of the Committee that all viewpoints should o be printed, and the opinions expressed herein do not necess- carily represent those of the Newsletter Committee. NEWSLETTER COMMITTEE MEMBERS: Eve Kripke, Iowa City Public 3 Schools; Judy Kelley, Iowa City Public Library; Jean Spector, m ASERP; Carol Flinn; Lois Kerr, Johnson County Dept. of sc Social Services; Linda Schreiber, City of Iowa City. o v Watch for new Newsletter Committee members in the next issue. O � It looks like we may have some new young persons. If you know of any youth who would like to contribute articles, please e have them contact one of the Committee members. zj J 0 RECOMMENDATIONS by Ad Hoc Youth SeAv.Lcea Committee: The Youth Services Committee had its final meeting on March 23, 1976. The recommendations to the City Council were to allocate funds for this Newsletter and for three youth agencies: Mayors Youth Employment, UAY, and the PALS Program. The PALS program was recommended to seek other funding from private sources and to increase the number of volunteers outside of University students. The budget for DAY which was recommended for funding by Iowa City reflects a total emphasis on outreach work only. The committee recommended that the City's legal staff consider the matter of having contracts with all three agencies. VOUTH RIGHTS by Dan May Juvenile Delinquency or Youthful Offender? Whenever an adult is convicted of a crime, the conviction is behavior specific. In other words, the adult criminal system calls a thief a thief. Mone. about Youth Righ A: if the same thing is done by a minor, the juvenile court calls a thief a delin- quent. The reason for this is that part of Juvenile Court jurisdiction is derived from a concept of "delinquency which is ,based upon specific violations of state law, local ordinance, Federal law or law of another state.. Delinquency is an encompassing, stigmatizing label whose concept must be examined. Why should we for the purpose of jurisdiction somehow encompass the entire personality of a young person because of a specific criminal -act when - we don't do so with an adult? Why should we not find a young person guilty of the offense for the purpose of Juvenile Court handling rather than.stigmatizing his -entire value system, behavior and social orientation by stuffing him;into.the category of being a delinquent? One main advantage of continuing the concept of delinquency is that certain offenses over which we would otherwise not have jurisdiction can be brought within the. jurisdiction of the Juvenile Court, such asviolationof Federal law.or laws of another state. These are minimally used bases of jurisdiction and,such jurisdic- tion could be obtained through other procedural means. An interesting legal argument for continuing the delinquency concept is that this concept minimizes the questions of intent to commit the act or capacity to commit the act. (These questions are raised, however, in the burden of proofthe state must now carry.) Through the years, various Courts have established, presumptions both refutable and irrefutable concerning the effect of a young;person's,age upon his ability to formulate intent or have capacity to do a certain,;act. These pre- sumptions are, however, more strictly applied when guilt rather,than delinquency is the issue. Although there should be no difference in application, I believe the label of delinquent does illicit a moderately different judicial scrutiny because the objective is the best interests of the child. As a result, more kids are brought within the Court's jurisdiction. The purpose of juvenile court intervention in delinquency, cases is to help formulate the young person's understanding of his act and modify his behavior through'treat- ment, sanction and stigma. The very purpose of -the juvenile, court.givesa social argument for limiting court intervention and adjudication to„specific -acts rather than the delinquency concept. We have many community resources presently to deal with a child's behavior to fulfill the purpose of the court without the same degree of stigma or sanction. When Juvenile Courts were established, child psychiatry did not exist as a -recognized profession. Social -work -,wis.not_ practiced on any large scale or systematic basis:Psychology had not even -been -invented. Public education was little more than reading, writing andr.arithmetic. Many other changes too have occurred in the last three quarters of a century. Finding a young person guilty of a specific offense would.still.allow the Juvenile Court to respond appropriately to the young person's needs- _at:the dispositional hearing. And it also must be remembered that stigma and sanction are important social controls. The issue facing juvenile court is one of how large of a group of individual young persons must face the stigma and sanction of our juvenile courts to effectly change their behavior. NEW at Iowa City PubP.ic LibuAy: AeteAnative PWc6uit6.6oh-ALnelUca'6 3hd Centuh.y, by U.S. National Institute on Drug Abuse.: 1975, (613.8/Uni) - A resource book on new perceptions, processes, and programs— with -implica- tions for the prevention of drug abuse. Ch,i.Cdhen Out,o6 Schoo$ .in Ametica, a Report by,the Children's Defense Fund.-; 1974. (371.9/Chi) Includes the numbers and types of children out of school,' barriers to� school attendance, exclusion of children with special needs, school discipline and its exclusionary impact on students. - Like It Wa6: The BCeentenniae Game6 n' Fun'Handbook, by Adah Parker Strobell. 1975. (790:1/Str) 'A potpourri of ideas aimed at leaders: of recreation,programs.for-celebrating the Bicentennial. Chapters on games, toys, -pastimes; music, crafts,:special.^ events, and foods are illustrated by simple line drawings. Where Do I Go Fhom Here With My Li6e?, by John C. Crystal and Richard N. -Bolles. 1974. (331:702/Cry) Readers-=familiar with RichardBolles'--What Color Is Your:.Parachute?,-.will:' welcome the above title which is a -practical life/career planning manual for`, students of all ages; instructors, and counselors. It is,in the.form of a. . workbook designed to be used in conjunction -'with What-'Color:.Is.:Youri,Parachute? Many Young Peheona WiU Enjoy The;Fo towing: Founding Mo.theAz: Women o6 Ame&ica .in .the Revo Cuti.onaAy Eka by'Linda Grant DePauw. 1975. (301.4120973/Dep) with the current interest in the Bicentennial for school assignments and.z for general reading, this well written, easy to read book:is:a welcome addition. How to Win Bi.cycte Mo.toACAO66, by John Thawley. - 1975.: (796.6/Tha) A new book on a new activity that is becomingrincreasingly:popular.__After. cautioning the readers of the dangers inherent in any racing,;the author,gives aids on racing, organizing =a race'', and servicing_a motorcross bike.. ,_. S.tah. Taeh Fteet Techniea.e Manuat byeFranz .Joseph. 1975. (YA Fiction) Data for Star Trek cultists as they shuttle through the future.-,. _.. Happen i.nga : UNIVERSITY OF IOWA SPORTS SCHOOL: The University of Iowa is repeating its successful sports school,held for the first time last summer. This program offers young persons between the ages of 11 and 18 an opportunity to improve their skills in their_favorite.spoits. Some sessions are for boys only or for girls only. Others are coed - open,to both boys and girls. For instructional purposes, the participants are divided into groups according to age and ability. Boys' sports include baseball,.basket- ball, wrestling, football, and gymnastics. Girls' sports include softball, gymnastics, basketball, and volleyball. A few of the coed sessions are golf, tennis, swimming, karate, and track. Participants may either commuteorlive in one of the University of Iowa dorms. Besides an opportunity for skill training in specific sports, the program provides an opportunity for other recreational activities. in other. sports such as swimming, softball, gymnastics, tennis and golf. Other recreational activities that are offered include the University Theatre, Hancher Auditorium, instructional and entertainment movies, and lectures byprominent sports figures. Sessions are one week long. The number of sessions offered for individual sports vary. Many begin on June 13. Further details regarding time and fee schedules and applications may be obtained from: Dick Schultz- Sports School Dir, U. of I. Sports School 101 Jessup Hall Iowa City, Iowa 52242 Phone: 353-2242 From last year's experience, early registration is encouraged as many of the sessions fill up quickly. Enrollments are limited. KITE FLYING CONTEST: The Iowa City Recreation Department is sponsoring a Kite Flying Contest Sunday, April ll, at 2 P.M. at Mark Twain School yard. Persons of all ages,are eligible. The event is free. Registration will be on the spot April 11. One category that is open to persons of.all ages includes: largest kite, smallest kite, most unusual kite and prettiest kite. All of these, of course, will have,to demonstrate that they can fly. Skills category, which .will probably.have age limits, include: flying the fastest, flying the farthest and hitting the target. A third category, which also will have an age limit, will include competitive skills between two kite flyers. So if you or young persons with whom you work would like to "go fly a kite", Sunday, April 11, is your chance. Phoghamd: PUBLIC SCHOOL COORDINATOR by Kkistie Poutoe: As a result of difficulty in retaining youngsters leaving the juvenile insti- tutions, the idea of the Public School Coordinator was conceived in the spring Mone abowt PubUc Schoot Coondbaton: of 1971 by Larry Jackson. It was felt that such a person working betweenr the institutions would make the return of the child to the public school easier on the student, school and caseworker. After the.first year, it -was noted in a majority of cases that the public school tolerance for the child was directly related to the return visits of the PSC. Thus, Kristie I (me) and Kristi II (Davenport area PSC) were on board until the following year: when Des Moines, Sioux City, Waterloo and Ottumwa district areas had;PSC's. six of us now cover the State of Iowal - - Previously I had taught high school English in Chicago's inner city for 2� years. I returned to receive my MA in education and worked at the youth center, hoping the street school (now the PS #4) would evolve. And, here I am - four years a public school coordinator, driving madly around in my green machine, still thinking that changes come about little by little. My main function is in the fascilitation of return and maintenance of, students in those educational programs necessary to meet their needs.: We are a support service to DA's, social workers, Superintendents, institutional staff and - which it educational staff. (This paragraph sounds like education isa commodity - IS turning into these days, and that I go around servicing everyone. -Not true. I am a change agent incognito. One teensy-weensy change may lead to .two.and so on and no one really knows.) The main institutions "served" are Mitchelville, Toledo and Eldora. As of last year we also work with students from MHI, Glenwood, Woodward, Quakerdale, etc. Most referrals come from area workers although county workers hand over some of the difficult cases. Schools often refer as a preventative measure as do other youth -oriented agencies. Educators and Social Workers oftentimes differ in ideologies - in case you haven't noticed - and often I -go inas'a mediary person and we play hot potato. We as PSC's have a motto that THERE ARE NO LIMITS as to what one can do as -a change agent -advocate to youth: Find those positive energies of the youth - Find all the support people within the community you can and gather them together -- Meet administrative staff of schools, AEA consultants, special education directors and teachers and share your resources. Help develop programs to meet the;. special needs of the students - Advocate like crazyl .Follow-up. Be the ,number one support person to the youth. Write, call, visit the school and give ;them positive reinforcement. Inever cease to be amazed at the cliches I so often hear from administrators - here are a few: "Maybe Ruth Youth should go to another town. How can she change:. when all her old friends are still around?"- (WHO hasn't changed?) "The WHOLE family is on welfare. J.J. Poor will be the same. No good." (WHO is keeping the child in this position?) Mme about Pubti.c Schoot Cooadi.naton.: "Bad Boy'a only been institutionalized x amount of time. How COULD he be 'cured'?" (In other words, keep him out of my hair.) "Find a job and prove to us you're sincere about coming to school?" (This one is most common of all. All of us are entitled to an educa- tion and no one must prove it. Isn't this a free country?) "We'll give you ONE chance?" (Think about this one. How good at it would You be?) "There will be no exceptions to the rules here. Everyone is treated the same at this school." (...although some are watched more closely than others and some are more equal than others.) "He's unmotivated. He would fit better into our night class for drop- outs." (Most night classes are unstructured and geared towards motivated adults. If yoirfriends go to school in the daytime do you think you'd attend in the evenings?) So, what exactly do I do? -provides counseling service to students -helps schools develop programs -relays institutionalized recommendations -develops educational plans in conjunction with FSW -is familiar with alternative routes to education not able to benefit from regular public school -has knowledge of available school facilities in the State of Iowa -has knowledge of modern behavior change techniques and established counseling procedures -has knowledge of school laws of the State:'of'Iowa -has knowledge of administrative structure of, public schools -has the ability to communicate clearly with students, teachers, field service workers, admin. and supervisors -has the ability to develop resources necessary for keeping students in school -has the ability to organize staffings and meetings with public school personnel. Are you ready to be one? Here are the requirements: Minimum: Graduation from accredited school with MA degree in Counseling, Special Education, Psychology or related area. Two years experience as classroom instructor. v i. gl k. v « \«} d a.. �.{.« .-.. - :.�}}— � - - - '< --- � !i; . • a : - / . .. - \ � -� /§ �_ \� \ j { ° 2 � » �•- . — f S I e k _ i _ S • } t a 1 d l x l ! p � 1 � i 1 t ! t Y I Y ` - s i 4 l - 1 P � f 1 1 � P � i _ I � S r tit' 1 top is ;z sit -Aj lot it tit U tit it M A tit' sit lot it I I 1. + 1 11 x }]ij f e• i } 3:. 7: Z f + i } 1 � T 1i 1 't s � f 3 ] s 5 E `4 a _ j ; 1 1 � f i # � S e I ! 3 � S ra • f r t a F i y �s 1. + 1 11 }]ij e• i } 3:. 7: Z } 1 �I 1i 1 1. + 1 11 }]ij e• i } 7: 1. + 1 8.30.14 8.30.15 B.30.16 S. 30-17 -7- (4) Trees shall to planted in the landscaped aisles and islands in the ratio of ona (1) tree for each fifteen (15) square meters (161 square feet) Of landscaped aisle or island, except for island type 'B' Section 8.30.13C3 which shall require one (1) tree for each seven (71 square meters (75 square feet) of landscaped island. ENFORCEMENT. The acceptance of the site plan and the issuance of an Approved Sit. plan Certificate for development, redevelop- 4 rent, or change or intensification of use by the City constitute) an agreenent between •she property owner to provide the required -� timProvenonts as part of total deveunlcsrtthee property -hange or intensification of useiication for a Certificate of ,ba ndons the proposal. Upon app com fiance lc.:u punct' t.h0 owner of the property must show either i 'nun lith the provisions 01 this chapter t to Leo the satisfactishow on of the :ron mPly at the ext pl•rnting season, City. If after a reasonable period of tine, the City shall cause the necessary inprnvenents to be made and 'assess a lien for cost. of those improvements against said property. PENALTY. %•ny person. ,firm, association or corporation which v rolates, disobeys, `apls, neglocts or refuses to comply with provisions of and this Chapter shall he rcnarded ag unlawful: as such subject to a penalty not to exceed one hundred (100) dollars, and thirty'?0) days in jail for each day of noncomoll- ance with each day of nonconplinnce constituting a separate offense. APPEAL. Any person aggrieved of the r_quirements of this apter or an administrative interpretation of this chanter may appeal to the Zoning Board of Adjustments, subject to the procedures of tl.e Board of Adjustment. SE,;%bA BILIT'f. The declaration of the invalidity of any part of this chapter, shall not impair the validity of any part of the rest of this chapter. PROPOSED TREE ORDINANCE Amend Chapter 3.38 (Forestry) the following sections and subsections: 3.38.3 TREES AND SHRUBS ON PUBLIC PROPERTY - PERMITS REQUIRED Amend: 3.38.3A To read as follows: MAINTENANCE OR REMOVAL- No person except the City or a person authorized by the City shall treat, trim, remove or otherwise disturb any tree or shrub on any street or other public property without first filing an application and procuring a permit from the Forester. Amend: 3.38.38 To read as follows: PLANTING. A permit from the Forester shall be required to plant a tree or !;hrub on the arterial and collector streets designited in the IOWA CITY PLAN - TREE PLANTING PLAN and no other pub 1� c property; except that no permit shall be required to plant a tree or shrub on neighborhood streets designated in the IOWA CITYPLAK - TREE PLANTING PLAN. Amend: 3.38.8A To read as follows: A. TREES AND SHRUBS. Trees or shrubs on public or private Property shall be trimmed to sufficient height to allow for safe and easy movement of pedestrians and vehicles, and so they do not obstruct or shade street lights, the view of traffic signs or the view of an intersection. Theminimumclearance of any overhanging portion of any tree over a sidewalk or street shall be three (3) meters (9.84 feet) on neighborhood streets and four (4) neters (13.12 feet) on collector or arterial streets as defined in the IOWA CITY TREE PLANTING PLAN. No trees or shrubs more than one a f.5) meter (1.64 feet) in height shall be planted within ten (10) meters (32.8 feet) of the intersection of the curb lines of either public streets or driveways of commercial, industrial or institutional properties entering public streets. CHAPTER 8.30 R"IULATIONS FOR THE PLANTING AND PRESERVATION 'F TREES WITHIN THE CITY OF IOWA CITY. IOWA -'=tions: 30,1 Title ?.30.2 Intent 3.30-3 Necessity x.30.4 Enactment e.30.5 Applicability 8.30.6 Definitions 8.30.7 General Provisions 8.30-8 Preservation of Trees and Landscape 8.30.9 Site Plan 8,30.10 Site Plan Review Procedure 8,30.11 Approved site Plan Certificate 8.30.12 Trees in Public Right -of -W -Y 8.30.13 Trees On Private Property 8.30.14 Enforcement 8.30.15 Penalty 8.30.16 Appeal 8.30.17 Severability -6- (2) The interior of parking areas shalf otbbrokenture, landscaped islands for the purpose runoff, pollution, traffic and .glare control. These islands shall be provided at a minimum ratio of one (1) island for every eight (s) parking spaces and be at a minimum fifteen (15) square meters (161 square feet) in area. Provision of islands under the notprovisions of Section 8•;0.13 do area has lesssthanhis requirement unless the parking twenty-five (25) parking spaces. (Seeillustration) (3) In instances When angle parking is used island type B. may be substituted for island type (See illustration) A B - 10 rte 10m. (B) (C) -5- Tee Of Ha%—n O) Ailanthus altissima; 'rfemalesron ly (2) GinK o brloba:-GinTcgo• raj Laburnum al room: Scotch Laburnum (q) Ponulus cans ensis; Carolina POPl poplar (5) Po ulus de toides; Eastern Cottonwood (61 POru us nigra Italica: Lombardy Poplar (7j Po—polus sazger.tio Tins Cottonwood for Residential Required Tree Planting city,Uses-Tree iso shall be planted on residential propel log a change or being developed, redeveloped intensification of use by the owner of the property at a minimum ratio of two (2) t0ees square feet)ch Of hundred (IDO) square meters (1, 3 in thereof: so building coverage of the property or p• as to provide the beneficial aspects of the trees to the building site. for parking Lots. Street trees, Required Tree Planting appropriate for planting along collector and arterial streets, as listed in the Iowa CityTree Plant Plan, shall be planted ;n landscape aisles ane Is an s wit in parking for any lots by the owners of o orhe changeort intensifir_dtion development, redevelopment, subject to Of use of the principalsubj. use of the property the following requirements. from (1) buildings Parking ar eildingsreaOrs shall be needed for safe d traffic r movement, by landscaped aisles or islands a minimum of three ^ illustration) (3) meters (9.84 feet) in width. (S^- JlTl rfT'ii iii -2- 8.30.1 TITLE. This chapter shall be knowandnPreservationeofas ^T)e Regulations for the Planting Trees Within the City of Iowa City, Iowa-. The short title for this chapter shall be known as "Tree Regulations". sha 11 e to 8.30.2 Insure that e treeso are planted witinregulations b theCity-inaccordance Conves with the best ecological principles, that the well being Of r the and site planning residents of Iowa City is protected and enhanced. order to: 8.30.3 NECESSITY.ovideTans urbanu env. onment whiclations are h isy inn ecological harmony with the surrounding natural and agricultural environments; (R) provide an urban environment which hr into the into theCity for qualities of the natural environment the benefit of its residents; (C) protect streams and water courses from excessive sur- face runoff and erosion; (0) protect residents of the City from the dverse effects of air pollution, dust, noise, nd glare; (E) assure that the rests n Of the theutilizationyofa solar energy energy bY.max imizing - by plants; (P) assure that trees are planted within public d rights-of-way. and on private, property so that: vehicular and pedestrian and traffic may. move in an orderly and_manner; cycles ofthe Iowa City (G) maintain the energy and material area area so that the balance of life on Earth is not nega- tively influenced by urban development in Iowa City. B.30.4 ENA IT. Except as provided herein -no building permit shall. e granted for a structure. bytthe City without conforthimity or hapter: evidence of intent to comply - (A) conform£to theseaprovisions ismaged except structure and dalot by fire, explosion, act of God or the public enemy,' (g) except when conformity to these provisions would consti- tute ou dconsti- tute an imminent threat to the public health, safety and general welfare in the evaluation Of the City Engineer, and (C) except alterations to the interior of a structure or t to the exterior of the principal structure alterations which t in execs of ten (10) percent of the value areof the principal structure. is s.30.5 I3PLICA1l3LITY of t=ees withinns Of publichri htspofrwahaand to all 9 y the p ant ev - change. of use or intensi proposed development, redevelopment, within the fication of use of the principal use on property jurisdiction of the City of Iowa City. roved Site Plan CERTIFICATE- The APP between the APPROVED SITE PLAN afore [het owner to comply 11 shal ercoofstitproperty g as theowner develops• -3- R•30' Certlf icate a chapter - of said the and own of this the.use City the pzovisc a ^ten e gr ti- Plant or changes or i sifi s live self-supporting g con redevelopss ng s- DEF1'ii"'IO:35 above fthe base of the property• _ _ . is a The following upz0 • TSE A tree ^.e ter a minimum of S OF_Why. within P d visions public right 9.30,6 A trunk die,. meter ,TREES IN PUBLIC RIGttT antin9 of trees _ - d es with a one 11) Trees s '"ensured requiring definitions 8,30.12 regulate the P ht- -Of-Way. e meter shal public Rights, provided herein r2 zoning Codc lScction of Trees within trunk- tans used City ` of-tAap in h (9) All other in 1,- Iowa (A) Placbee planted within pubo nigh s conditions a met s listed defined shall may lasted 1 are chapter follovth cies to P street Of this the tree, t 8.10.3)• requirements (1) that the Spec Leaflet as a minimum 0f one ill The Provisions Plant Cl Tree ONS• to the tree P City Cede- Iowa tree is located'a GENERAL PROVIeree and the Iowa (2) tat t e from the elocatedi oem of co lee ft m-themrbum f o 8,30-3 apply to any Forestry of shall do .(3.29 feet) i 3.39, No Person exca- meter streets (I. Of Of Chapter LANDSCAI E - stripping, or arterial meter TAE�S A,ND mass grad ing, having obtained - one-half local ive trees,. first line 0f local ss n t l .tree is not ocateeters in ten 11 ?RESEP.VATIC:i OF the 9.30.8 cutting o land without of trees the of the interseCtioOr-g[iveways on any filling of t for the cutting an occupied (31 that 32.8 feet) public streets eating lei approvalf xcep lots which contain meters ( of either P, or. Institutional site p singleily curb lines industrial streets, Of _,gay .of individual _ lantin9 of of co®ereien ublic hts- unit is required for the P family properties entering P -in the rig. conformity dwellingdwelling single lens be planted re A site plan t individual Site p (4) that tzeesand artel ial stree ern<rYlan at PLA: except awelline unit• licite: vo � ecce lea Cit Tree receive rem he City' 6.30.9 SITS o ail proper an occuP in of- are led dap the way trees information it has een Ili contain erm within the -Fight- meters lots the following buildings. planting P lar ted than five (5) of-waY•- shall contain w and scale, erty lines, land- that trees P i no closer the right - (a1 North erre existing Pveuay s, Parking cenareat the (5) space as too other tree within ad3, to (B) out of raphy, (16.4 feetl ssIble topOg and public streets raphy, as to minimize Po tr r_es, - topog and laced so - scaPe features trees, and that trees are placed hts_0ightr proPert, ropoSea buildings. feature s (61 with 0 - -- planting within p lie Au areas, landscapeSpecies. Interference the public rertYs being (C) outlines of jrkin9 and sP Require Tree la and adjacent to Prop g driveways, P size (B) shall be p r lantings by Street trees front of a change o and intens ca public Pio $ed tree P will present or having _ list The developer sl day slot way directly i^ redevelops of the Pzopertyt a (D) the for every a^gh U uo (2) develofe use by the tree a ublic. rig t ofm h s i+ VIS PROCEDURE- on receipt of-; SITE PLAN RE UP within t tion one (l) t jronCage 0n p of trees along e 8.10.10 with a site P site Plan w notif'/- ratio feet) of lot a alar spacing acts the street -Cv t e to the City review the of the review ie Ian in } ed the City will completion If the sit Pthe tree planting 802as to provide a reg the adverse imp Site and upon to the City will revisions shall receipt finding^• compliance minimize er o£ noncomp chapter, r, the intent and streets to following Property within - develop or either this either rivets P -Yr be deficient the intent 0fI n which meets then may PROPEPTy tre se on p i - ts Or site P The devcloPez las drop TEES ON PRIVATE ting of The following y requirem an alternative ter- Upon 0,30.13 , the Plan Property _ chap regulate vat °w p"Pare o_ this FCPare an alters vci decision YOvisions on private cultured or cult req plan, P administrati with the P the City' nt of Tree not be Planted, revised p oeme =3' accept the appeal ff,. conformance issue an the (A) Yla lication 0r found said plan. Copy of tree species may City - his app a site plan will approve retain a Iowa City - review of the City within of this chapter Review Certificate and _ Approved Site �.i approved p '12 ROPOSI ) IOWA CITY TREE ORDINANCE SUPPLLVIENF TO TREE PWNfING PIAN PRINCIPAL. REGULATIONS FOR THE PLANTING AND PRESERVATION OF TREES IN IOWA CITY. 8.30.3 NECESSITY. These regu- lations are necessary to provide an urban environment which is in ecological harmony with the sur- roundings and which brings the positive qualities of the natural environment into the City. Bene- fits include protection from excessive water runoff and erosion and reduction in air pollution, dust, noise, heat and glare. Ln addition, energy is conserved by appropriate tree location; vehicular and pedestrian traffic can be regulated. Trees also help to maintain energy and material cycles of the Iowa City area so that the balance of life on Earth is not negatively influ- enced by urban development in Iowa City. 8.30.4 ENACTMENT. Except as pro- vided herein no building permit shall be granted for a structure by the City without conformity or evidence of intent to comply to the provisions of this chapter: A. except for when a structure and its lot which does not conform to these provisions is damaged by fire, explosion, act of God or the public enemy, B. except when conformity to these provisions would constitute an imminent threat to the public health, safety and general welfare in the evaluation of the City Engineer, and DEPARTMENT OF C. except for alterations to the interior of a structure or alterations to the exterior of the principal structure which are not in excess of ten (10) percent of the value of the principal structure. 8.30.5 APPLICABILITY. The pro- visions of this chapter shall apply to the planting of trees within public rights-of-way and to all proposed development, redevelopment, change of use or intensification of use of the principal use on property within the jurisdiction of the City of Iowa City. 8.30.8 PRESERVATION OF TREESAND LANDSCAPE. No person shall do any cutting of live trees, mass grading, stripping, excavating or filling of land without first having obtained site plan approval except for the cutting of trees on individual single family lots which contain an occupied dwelling unit. 8.30.9 SITE PLAN. A site plan.is required for the planting of trees on all property except individual single family lots which contain an occupied dwelling unit. Site plans shall contain the following information in duplicate: A. North arrow and scale, B. outlines of existing property lines, buildings, trees, topography, driveways, parking areas, landscape features and public streets adjacent'to',the property, COMMUNITY DEVEI-OPMEN1 TREE ORDINANCE (CONTINUED) C, outlines of proposed buildings, trees, topography, driveways, parking areas, landscape features and public streets, and D. list of proposed tree plantings by size and species. £;30.10 SITE PLANREVIEW PROCEDURE. The City will review the site plan within two days of receipt and notify the developer of the find- ings. If the site plan is judged to be in any way deficient, the City will prepare an alternative site plan which meets the intent and requirements of this chapter. The developer may then either accept the revised plan, prepare an alternative plan, drop his application or appeal the decision. Upon review of a site plan found in conformance with the provisions of this chapter the City will approve said plan, issue an Approved Site Plan Review Certif- icate and retain a copy of the approved plan. square feet) of buildingcoverage of the property or p Required Tree Planting for Parking Lots. Street trees, appropriate for planting along collector and arterial streets, as listed in the Iowa CityWe Planting Plan, sha 1 be planted in landscaped aisles and islands within parking lots by the owners of the property for any develop- ment, redevelopment, or change or intensification of use of the principal use of the property subject to the following require- ments. 1. Parking areas shall be sepa- rated from drivesbuildings , for afe affic or as needed landscapedaislesmovement, by P or islands a minimum of three (3) meters (9.89 feet) in width. 2. The interior of parking areas shall be broken by landscaped islands for the purpose temperature, runoff, pollution, traffic and glare control. These islands shall be provided at a minimum ratio of one (1) island for every eight (8) parking spaces and be at a minimum fifteen (15) square meters (161 square feet) in 8.30.12 TREES IN PUBLIC RIGHTS- OF-WAY. The provisions for this section are listed in the Iowa City Tree Planting Plan, 8.30.13 TREES ON PRIVATE PROPERTY. Required Tree Planting for Resi- dential Uses. Trees shall be planted on residential property, which is being developed, rede- veloped or is having a change or intensification of use at a ratio of two (2) trees for each one hundred (100) square meters (1,075 area. 3. Trees shall be planted in the landscaped aisles and islands in the ratio of one (1) tree for each fifteen (15) square meters (161 square feet) of landscaped aisle or island. MEETING NOTICE PUBLIC DISCUSSION ON THE PRELIMINARY TREE PLANTING PLAN WEDNESDAY - MAY 12, 1976 - 7:30 P.M. CIVIC CENTER - COUNCIL CHAMBERS FOR INFORMATION: GALL 354-1800 EXT. 317 I - -_ � � � � i � r � j �� f � 1 1 `: � � � � .3 � } } r � � � :. : �i - i - i � _ � I - ]. . Ei t l ,� 3 4 ! � i t � � - � 1 - I� ` � ! 1: � { I 1 - ' r ' + � _� _ � {� 1 _ I � K �. �f jF ft �.. '� f n F � ( � 0� � 'i t � � s ' i i e � ' r i - e } � - � _� S t � � � � . � S , ,�2 I c ' �, { �'I L L yii � I t � t 4 �, 1 j € — ;; _ ,zf r � } l - �, _ � ;I { � I �, _ f i i � r r � � I! ` i J. t L �. l i f � _ ? � ] It � i i i ,t { ij, C 3 i t � � ; > � _ is ` � � i j . i i � D . t' � 7 � _ - _ � f i iy :� �. L l � � 1 - p� { ifT .L _C, t � ; i �+ § i/ . 1 i I � 1 Z f � �: T I 0 p b �: � 1 i i I. �, 3 i _i � � I ppyy f �� . S I - - -_ � 1. j, 1 - t t C F , r ; , _ y F x e j r t Its q n , . y 5 s41 5 1 1. j, 1 -