HomeMy WebLinkAbout1976-10-19 Regular MeetingIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF OCTOBER 19, 1976
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER 19, 1976
7:30 P.M.
Iowa City City Council, regular session, 10/19/76,, 7:30 P.M.,
at the Civic Center. Present: deProsse, Neuhauser, Perret,
Selzer, Vevera. Foster arrived 8:05 P.M. Absent: Balmer.
Mayor Neuhauser presiding.
Pat Moore, local builder, appeared requesting information
as to why there had been a cut back onndjna residential
streets in Iowa City. Mayor Neuhauser indicated the cut back _
had been for financial reasons. Amy. Wm. MeardQn appeared
concerning the provision on the mnhi-le_hamP couri- anT ;.a ;on -
which allows City agents the right to search the premises and
seize evidence for, proof of violation of law. City Atty. Hayek—
stated
ayek_stated the Legal Dept. is in the process of correcting the appli-
cation at this time. Carl Chadek appeared and stated his rea-
sons for opposition of the tree ordinance. _
Mayor Neuhauser proclaimed 10/24/76 as United Nations Dam
Flo Beth Fhninc.Q_r,on behalf of the United Nations Assoc, of Iowa
City, expressed appreciation for this proclamation and'; outlined
activities scheduled for that week. __LS_!
It was moved by Selzer, seconded by Perret, that the follow-
ing agenda items and recommendations in the Consent Calendar be
approved and/or adopted as amended by the City Clerk:
Minutes of official actions, reg. Council mtg. of 10/5/26,
subject to correction, as recommended by the City Clerk,
Minutes of Housing Comm._- 9/1/erv. Comm -7i
8 6.
Permit Res., recorded in Res. Book 37, as rea. by :City
Clerk: Res. #76-379, page 505, approving C1E"ss2_E.LiQU0rr
License for Bart's Place, 826 S. Clinton. Res. 476-380..
page 506, approving Cigarette Permits. (7okrirnest- TJX t-
Cn1fAMf1N0'S j
Correspondence: Grace Knox, re aikiking violations, re-
ferred to Police Dept.; Elizabeth C. Donnan, re parking
ticket, referred to City Mgr.'s office; ,AttX,.i3m,_lHaardcih,_
repres. Bon Aire Mobile Home Ct., re application for per-.
mit, referred •to*Legal Dept.; Civil Serv. Comm., xe letter
of eligibility for Fire Dept. Fire Marshal, received &
filed.
Affirmative roll call vote was unanimous, 5/0, Balmer and, Fos-
ter absent.
Mayor Neuhauser announced the vacancy on the Bd, of Appeals
would be readvertised for thirty days due to the fact Council
had received only one application.
Page 2 Council Activities
October 19, 1976
It was moved by Perretd seconded bX deProsse, to. accept
Coralville°s appointment of Donn" a Eppley, 1006 - 19th Ave.
Coralville, to the RiverfrontCo��Il jcn,, for a three-year
term expiring Dec. 1, 1978. Foster absent.
Mayor Neuhauser requested that the City Atty. investigate
the status of the An i -T ,st B3_*�l and the Ban the Can Ordi-
nance. She noted the receipt of a fetter from the I wa fit.
of Transportation with information on the dates of hearing's
on the waterway user charge proposal concerning barges on
the Mississippi. City Mgr.. Berlin indicated the Legal Dept.
is drafting an QrAinanca to regulate taxi company operations.
City Mgr. Berlin requested Council to have an executive,
session following this meeting to discuss property and person-
nel items. Since the Legal Dept. and Council had not reviewed
the proposed contract for technical services for a citizen
participation process for theow ity Comprehensive, Plan
with Sasaki Associates Ing., Council came to the consensus to
defer the acceptance of this contract until next week.
Councilman Foster arrived 8:05 P.M.
It was moved by Perret, seconded by deProsse, to 'adopt
RESOLUTION ¥76-381, as recorded in Res. Book 37, page 507,
ESTABLISHING TRAFFIC CONTROL SIGNS on Madison _&Vlaqbington and
Madison & Jefferson. Roll call: Ayes: deProsse, Foster,
Neuhauser, Perret. Nays: Selzer, Vevera. Absent: Balmer.
Resolution adopted, 4/2. Police Chief Harvey Miller pointed
out his concerns.
Councilman Foster commended
the City Assessor for jobs well
in the Quad City Times.
the Johnson Co. Assessor and
done as stated by the article
The public hearing was held on the application submitted
by American College Testing Program Inc., to rezone a tract
of land from R1A to ORP. Senior Planner Don Schmeiser present-
ed the application and discussed the sewer capacity in the pro-
posed area. Mike Kammerer, from ShtvP-Hat{y and As,sociatQ�
representing ACT, appeared to explain their plans and the.rea-
sons ACT chose this area for their development. Council dis-
cussed the compatibility of the proposed rezoning with surround-
ing zones. Juanita Vetter, P & Z Commissioner, appeared to
review their decision. City Atty. Hayek; emphasized the import-
ance of a Comprehensive Plan. Public hearing was closed.
The.public hearing was held on the Planned Area Develop-
ment of Orchard Court. Senior Planner Schmeiser indicated this
development was complying with the storm water management ordi-
nance and all contingencies imposed by P & Z and staff,- had been
taken care of. P.& Z Commissioner Juanita Vetter appeared.
Public hearing was closed.
Page 3 Council Activities
October 19, 1976
A public hearing was held on the rezoning of,mA. Proapac�t,
Pt• TV • from RIA to RIB and R2 as submitted by Frantz Con-
struction o. Senior Planner Schmeiser and )lick Kratoska.,
Shive-Hatter. and Associates, discussed the --UL ar_V Se"r
capacity_and infiltration. Ben onat„ 1647 Hollywood Blvd.,
appeared and expressed concern over increases in traffic in L
his neighborhood. Public hearing was closed.
It was moved by deProsse, seconded by Vevera/to defer he
ORDINANCE AMENDING ORD. NO: 2238 BY CHANGING THE USE REGULA-
TIONS OF COURT HILL - SCOTT BLVD. ADD. #5 FROM R1A .AND R3A
TO R1A AND R3A ZONES for one week.
cilman Balmer absent. Motion carried, 6/0. Coun- .i
Mayor Neuhauser declared a five minute recess.
It was noted the Oct. 15 memo presented by staff concern-
ing Chapter 8.10.40.4.C, was to amend the section to read as y
follows: "8.10.,40.4.C. Except when the alterations to the -
principal structure do not increase the floor area by more
than 10 percent or provided that there is no change in the
use of the principal structure." �; gty. Hayek t,xpressed
concern over the legality of requiring expenditures of money
on private property for public purposes, noting in the Courts, ;;
the principal of "reasonableness" would be considered and sug-
gested loosening of the strictness as staff recommends. Obser-
vations made by Council included, (1) downtown businesses are
not affected, (2.) requirement for appropriate number of park-
ing spaces should be taken up in the zoning ord. j
It was moved by Perret, seconded by deProsse, to�amend
Chapter 8.10.40.4.C. by using the proposed staff amendment„
striking the 10% and substituting" 25% of the assessed value of
the principle structure." Atty. Robert: Downer appeared and
explained operational problems caused by use of word., "assess-
ed," and urged its deletion. City Atty. Hayek agreed, and
after the City Mgr. stated that this whole concept would be
unworkable, suggested adding a sentence, "The City Assesso;r's
evaluation of the property shall be presumptive evidence of
the value." This would give the building official a rule of
thumb to go by. Al Streb and pat Mc)oscoffered observations.
Roll call vote on motion to amend: Ayes: deProsse, Perret.
Nays: Foster, Neuhauser, Selzer, Vevera. Motion failed, 2/4. _
It was moved by Foster, seconded by Selzer, to delete
Chapter 8.10.40.4.C. and substitute the staff language (see
4th paragraph, 1st sentence). Upon unanimous roll call vote,
motion was adopted, 6/0, Balmer absent.
0 0
Page 4 Counc:il Activities,
October 19, 1976
It was moved by Selzer, seconded by Foster, to delete in
Chapter 8.10.40.7. General Provisions, the words "the,provi-
sions of this section shall apply to any structure, drive or
parking area, and" and add the remaining words "shall supple-
ment the tree planting requirements of Chapter 3.38, Forestry
of the Iowa City Code" to Chapter 8.10.40.5. following the
words "City of Iowa City." Motion adopted, 4/2, deProsse acid
Ferret voting "no".
It was moved by Foster; seconded by Perret, that the ORDI-
NANCE AMENDING ORD. NO. 2238,, THE ZONING'ORDINANCE OF IOWA
CITY, IOWA, BY ESTABLISHING REGULATIONS FOR THE PLANTING OP
TREES WITHIN IOWA CITY, IOWA„ BY ESTABLISIlING SECTION 8.10.40.
be considered and given first vote for passage. Roll call:
Ayes: Perret, deProsse, Foster,, Neuhauser. Nays: Selzer,
Vevera. First consideration given, 4/2, Balmer absent.
it was moved by Foster, seconded by Perret, that the ORDI-
NANCE AMENDING ORD. NO. 8584, THE FORESTRY ORDINANCEOF IOWA
CITY, IOWA, BY REPEALING SECTIONS 3.3,8..8.A. and 3.38.11.A(3)
OF THE FORESTRY ORDINANCE AND ESTABLISHING NEW SECTIONS IN
LIEU THEREOF be considered and given second vote for passage..
Roll call: Ayes: deProsse, Foster{ Neuhauser, Perret. Nays:
Selzer, Vevera. Second consideration given, 4/2, Balmer absent.
it was moved by deProsse, seconded by Perret, that the
ORDINANCE ESTABLISHING ADDITIONAL POWERS FOR THE BOARD OF AD-
JUSTMENT be considered and given second vote for passage. Roll
call: Ayes: Vevera, deProsse, Foster, Neuhauser, Perret.
Nays: Selzer. Second consideration given, 4/2, Balmer absopt_
Irl
It was moved by Foster, seconded by Selzer, to adopt RESO-
LUTION #76-382, as recorded in Res. Book 37, pages 508, AMEND-
ING RESOLUTION #76-238, PERSONNEL RULES AND REGULATIONS (proba-
tionary ppriods
rroba--
tionarOperiods for employees). Affirmative roll call vote
was unanimous, Councilman Balmer was absent.
It was moved by Selzer, seconded by Perret, to adopt RESO-
LUTION #76-383, as recorded in Res. Book 37, pages 5019-514,
AUTHORIZING THE MAYOR TO EXECUTE AN .AGREEMENT WITH SIi;IVE-HATTERY
AND ASSOCIATES FOR BRIDGE ANALYSIS. Affirmative roll call vote
was unanimous, Councilman Balmer was absent. —
It was moved by Perret, seconded by Vevera, to defer action
on authorizing the staff to prosecute Dean Oakes in the District
Court for housing violations at 938 Iowia Ave. Motion carried,
6/0, with Balmer absent. 1'
0 0
Page 5 Council Activities
October 19, 1976
It was moved by Perret, seconded, by Foster, to adjourn to
executive session for discussion to discuss the matter of the
investigation of the officers of the Iowa City Police Depart-
ment by Federal officials, specifically,the matter of pro-
vision of legal counsel for such officers as are under investi-
gation, if such occurs. This matter is one which is properly
the subject of an executive session, we believe, because it is
one for which exceptional reasons exist which are so compelling
as to override the general public policy in favor of public
meetings, and to discuss Purchase of property. Upon roll call
Neuhauser, Perret, Selzer, Vevera, deProsse, Foster, voted
"aye". Motion carried, 6/0, Balmer absent. (11:00 P.M.)
MAYOR
CITY CLERK
Tape recorded on reel $34
T
�yg
- We
AMR
DATE: October 1S, 1976
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
5,'emorandum from City Manager, City Attorney, and Director of Community Develo
regarding proposed tree planting ordinance. 1t31//
Copy of letter to Mayor of University Heights from the City Manager regarding
the pickup of leaves, /gH2
Memoranda from the Director of Public IVorks:
a. Scott Boulevard right -o£ -way along with map. /5y3
b. Handicapped units y y
C. Landfill Charges
Information on revenue potential of a local sales tax,
'•Ier, randun from Director of Human Relations Director regarding all expense paid
=rips.
Memorandum from Assistant City Attorney regarding Baker vs Citi of Ioira City.
Memorandw from Director of Community Development regarding Iowa Community
3etterment Program,
Memorandum from Assistant City Attorney regarding: Korshoj tis City of Iowa City
in Iowa District Court. /f 5.0
Copy of letter from City Attorney regarding jurisdiction over the University
of Iowa.
Letters written in response to correspondence on Consent Calendars-
a. Terry Jackson and Patti Monserud it
b. Dr. Adrian Hogben
Ms. S. Winifred Morgan r/
i
^AIS Program quarterly report.
September monthly reports for the Fire Department and Transits
Articles:
I
a. Nuts and Bolts >,a
b. Unique Realty Offering
c. Scott Assessor Ranked No. 1 1, r7
`•Linutes of Staff Meeting, October 5, 1976. trt�
Page 2
to -15-76
Letter to City Mgr. from Adrian & Anne Hogben re tornado siren location. 1
Copy of letter to Bd. of Education, I.C. Comm. School Dist., from t-`�b;k
Adrian $ Anne Hogben re tornado siren location.
Memo from Julie Vann, Red. Spec., to City Mgr. re CCD] upcoming 11363
WSUI radio shows.
Petition - Courtcrest, Inc. vs. City of Iowa City, re rezoning. �"44'44
R 0 L L C A L L
REGULAR COUNCIL MEETING OF OCTOBER 19 1976
7:30 P.M.
PRESENT ABSENT
BALMER
dePROSSE
FOSTER
NEUHAUSER `
PERRET
SELZER
t r.
VEVERA
-41L,
The cost
ceedings
tive cost
Year for
ur urtILIAL ACTIONS OF COUNCIL
OCTOBER 19, 197
Of publishin ;the fo lowing Pro -
to
IS _
to date durin- tgh s calendarCumula
said publication is $
Iowa City City Council, regular se
10/19/76, 7:30 P.M., at the Civic Center.
Present: deProsse, Neuhauser, Perret,
Selzer, Vevera. Foster arrived 8.05 P.M.
Absent: Balmer. Mayor
ing, Neuhauser presid -
Pat
backMonrsandinglIowa rCitypresidentialut
streets. Mayor Neuhauser indicated the
cut back had been for financial reasons.
Atty. Nm. Meardon appeared re the provi-
sion on the mobile home court application
which allows City agents .the right to
search & seize evidence for proof of vio_
lation of law. City Atty; Hayek stated
the Legal Dept, is correcting the appli-
cation at this time, Carl: Chadek appear-
ed & stated his reasons for op
the tree ord. position of
Mayor Neuhauser proclaimed 10/24/76 as
United Nations Day, Flo Beth Ehninger,
United Nations Assoc. of Iowa City, ex-
pressed appreciation *& outlined activi,
ties scheduled for that week.
Moved by Selzer, seconded by Perret, that
the following agenda items and recommenda-
tions in the Consent Calendar be approved
and/or adopted as amended by the City
Clerk:
Minutes of official actions
cil mtg. of 10/5/76 g. Coun-
, subjec, t reg.
correc-
tion, as recommended by the City Clerk.
Minutes of Housing Comm. - 9/15/76; &
Civil Serv. Comm, �- 10/8/76.
Permit Res., recorded in Res. Book 37,
as rec. by City Clerk: Res, #76-379,
page 505, approving Class C Liquor Li-
cense for Bart's Place, 826 S, Clinton.
Res. #76-380, page 506, approving Ci
rette Permits. ga-
Correspondence: Grace Knox, re parking
violations, referred to Police Dept,;
Elizabeth Donnan, re parking ticket, re-
ferred to City Mgr.'s office; Atty, W.
Meardon, repres. Bon Aire Mobile Home
Ct*, re appl. for permit, referred to
ter of eligibility forvFire Depre let -
t. Fire
Marshal, received & filed,
Affirmative roll call vote was unanimous,
5/0, Balmer and Foster absent.
Mayor Neuhauser announced the Vacancy on
the Bd. ay Appeal's would be readilk ra ised
for 30 days
Moved by Peracce, seconded! by dePis sse, to
1U06pt t9talville's appy. of Don rja EPPIeY
h Ave-, Coralville, to: ver,
fyont Comm, for 3 -yr, term expiljing
10/1/78- Foster absent,
The Mayor requested the City Att
in-
vestigate the status of the Anti 111L st
rill eceipttof aBan
letterCfrom the Iowa She 11 of'Trans, re dates of hearings on�;q e'
waterways user charge proposal con rofng
barges on Mississippi. Ciity Mgr. j pdi'-
cated the Legal Dept, is drafting ';►ltaxi
Ord:,
City Mgr, requested Council to havEi an
executive session to discuss propel &
personnel items. Council deferred; e
acceptance of the Sasaki Assoc, Tn con-
tract re citizen participai:ion untnext
week,.
Councilman Foster arrived &;05 p,M, l
Moved
RES, erret, seconded b, dePros' to
[look 37, page 507 ' s recorded in A11
CONTROL SIGNS on MadisanL&Shiiashingta atjd
Madison & Jefferson. Roll call: �y;pi .
deprosse, Foster, Neuhauser„ Perr et,I�
Nays: Selzer, Irevera, Absofit: Baime� {
Res, adopted, 4/2,
Councilman Foster commended the ohn4dln
Co.. Assessor and City Assessor for j
well done as stated by the uad Ctt 9
Times article. �,----Y I�
Public hearing was heldlon the appl. !#
rnitted' by pm. College 'Testing to rezo,i
a tract of land from RIA to QRP. SrPlanner .:
discussedcsewer e capacity. the appl,i
Shrive-Hattery & Assoc,,representing
and Juanita Vetter, PQ Comnissioner,��
geared, City Atty, emphasized the impt
tance of a Comprehensive Plan. Publii:
hearing closed.
Public hearing was held on they Planned"
Area Dev. of Orchard Ct. Sr. Planner i
Schrneiser and P&z Commissioner Juanita i:
Vetter appeared, Public hearing closed;
Public hearing was held on the rezoning]
of'Mt, prospect, Pt. IV, from RIA to Rip
and R2 as submitted by Frantz Cpnst, Co.,;
Sr„ Planner Schmeiser & Dick Krtoska, is
Shive,Hattery & Assoc., discussed sad -1:
sewer capacity and infiltration. B '
Donat, 1647 Hollywood Blvd., appeared r i
increases in traffic. Py
closed, btic hearing
Moved by ideProsse, seconded d by ,V,evera,
-ILI "" Unu. AMLNUING ORD N0, 2238
HILLFi- SCOTTANGING USE BLVD�GADD. #5 M RIA AND COURT
ION,*
R3A to RiB AND R3A ZONES for 1 week, Mo-
tion carried, 6/0, Balmer absent.
It was noted the Oct. 15 memo presented
by staff re Chap, 8,10,40,4.C, was to
amend the section to read as follows:
t$0 to the priincipalpt wstructure,ldor
onsnot
increase the floor area by more than 10
percent or provided that there is no
change in the use of the principal struc-
ture." City Atty*
expressed concern
over legality of requiring expenditures
Of money on private propgrty for public
Purposes, noting in the Courts the
principal of "reasonableness" would be
considered & suggested loosening of the
strictness as staff recommends. Moved
by Perret, seconded by deProsse, to amend
staff amendment,Cstrikingn10%d
ranssub-
stituting "25% of the assessed value of
the principle structure," Atty, Robt.
Downer appeared & urged deletion of the
word, "assessed." City At:ty, agreed &
after the City Mgr. stated this concept
would be unworkable, suggested adding a
sentence, "The City Assessor's evaluation
If the property shall be presumptive
evidence of the value." Al Streb & Pat
Moore offered observations. Roll call
vote On motion to amend: Ayes: deProsse,
Perret. Nays: Foster, Neuhauser, Selzer,
Vevera, Motion failed, 2/4.. Moved by
Foster, seconded by Selzer, to delete
Chap. 8.10.40.4. C. & substitute the staff
language (see 1st sentence), Upon unani-
mous roll call vote, motion was adopted,
6/0, Balmer absent.
Moved by Selzer, seconded by Foster, to
delete in Chap. 8.10.40.7, General Pro-
visions, the words "the provisions of
this section shall apply to any struc-
ture, drive, or parking area, and" & add
the remaining words "shall supplement
the tree planting requirements of Chap,
3,38, Forestry of the Iowa City Code" to
"City
Chap, Of8. Low C: following the words
Iowa City," Motion adopted,
4/2, deePP Iowrosse and Perret voting "no".
Moved by Foster, seconded by Perret, that
the ORD. AMENDING ORD. NO. 2238, THE ZON-
ING ORD, OF IOWA CITY, IOWA, By ESTAB-
LISHING REGULATIONS FOR PLANTING OF TREES
WITHIN SEC. 8.lOW40. be'consiAderredA CITY IW, BYE&TgivenHfiErst
vote for passage. Roll call: Ayes: Per -
ret, deProsse, Foster, Neuhauser, Nays:
Selzer, Vevera. First consideration
given, 4/2, Balmer absent.
Moved by Foster, seconded by PerrE�
the ORD, AM NG ORD. N0, 2584,
ENTRY ORD, ONq CITY, i0i BY iF
ING SEC, 3,38,8,A AND 3,3&,11.A(3j
FORESTRY ORD, AND ESTABLISHING NE4j!
TIONS IN LIEU THEREOF be considered
given second vote for PasseL age. Rol
Nays: Selzer, eVever4. Secondconsi
tion given, 4/2, Balmer absent.
Moved by deProsse, seconded by PeE;r
that the ORD. ESTABLISHING ,ADD'L, PC
FOR THE BD, OF ADJUSTMENT be conside
'given second vote for passage. Roll
Aye';: Vevera, deProsse, Fosi:er, Nein
Perret, Nays; Selzer, Second cons9j
tion given, 4/2, Balmer, absent,
Moved by Foster, seconded by Selzer4,
adopt RES, #76-382, as recorded in R;e
Stook 37, page 508, AMENDINQ! ES.
as recorded in Res. Book 37, pages 5p
AMENL1ING RES, ;76_23Et, PERSONNEL RUL -1.
AND REGULATIONS (probationary period!:
employees), Affirmative roll call vii
was unanimous, Balmer absent.
Moved by Selzer, seconded by perret,.ry
adopt RES, #76-383, as recorded in Re's
Book 37, pages 509-514, AUTHORIZING A
ro EXECUTE ASSOC, FOR BRIDGEENT ANALYSIs. Affirmatj
roll call vote was unanimous, Balmer j
absent.
Moved by Perret, seconded by Vevera,;t
defer action on authorizing staff o
prosecute Dean Oakes in :t
the Dist, tou
for housing violations at 938 Iowa Avq,
Motion carried, 6/0, Balmer absent,
Moved ivy Perret, seconded by FOSter, tja
adjourn to executive session to discu<,:
the ,matter of the investigation of the
officers of the Iowa City Police Dept,lE
Fed, officials, specifically, the matte
of provision of legal counsel for such'
-
officers as are under investigation, iii'
such ocpurs, and to discuss purchase of
property. Upon roll call, Neuhauser, i
Perret, Selzer, Vevera, deProsse, Foster
voted. "aye°
ab(11Motion carried, 6,"0. Baim;i
sent, :00 P.M.)
A more complete description of Council !
activities is on file in the office of
the City Clerk..,„ _ /^ I.
A_L
BE; STOLFU�
CITY CLERK
November 2', 1976
THE
cal
for
U
f
AGENDA
REGULAR COUNCIL MEETING
OCTOBER 19, 1976 7:30 PM
Item No. 1 - MEETING TO ORDER
ROLL CALL /3 f
Item No. 2 - PUBLIC DISCUSSION
K,
�J IpyI is — I)U,S hA1}7PS E^•va�'T
/Vn S614 �raye<1t� �� a I c�ynr {S c �i ,Ie fora
::
8, �-tty , l�l/Dx. �,�P� ,..tom. � �•t�e � y IX � � ;....:=.}., k..
-Qat p n1S'�?F in iCle �e
I �
1'
Item No. 3 - MAYOR'S PROCLAMATION.
a. United Nations (•. �i1 YD�Ya1 Y.7ar October
ctoberf.2.4�l,,Kn1976isfG-/Jtyf . L, f $� e "RI
At iAY
Item No. 4 - CONSIDER ADOPTION OF"1NE CONSENT CALENDAR. AS PRESENTSp OR: 'g1imID'.
a. Reading of minutes of official actions of regular`!Caa►c 1*eti
:k t -, of SegL�er-2&, 1976; subject to coxrectioq, as
the City Clerk.'
b. Minutes of Boards and Commissions,
(1) Iowa City Housing Commission meeting of Septei", r'r1S,; 1976,.
nazi CN11 SevVIeQ C�,,.,.nn/SJ/oi. NiiOfeS—QcT g
c. Permit Resolutions, as recommended by the City Clerk:
tt -?( 7� 7 1 (1) Consider resolution approvingClass C Liquor ticiise,
r appTi
cation for Richard J. Bartholomew;dba/Bart's Place';i86.`S.
Clinton.
(2) Consider resolution approving Cigarette Permits_.
d. Correspondence.
(1) Letter frM Grace Knox regarding parking violations, ims
letter has been referred to the Police. Departm i t'. for
Ie
Agenda
Regular Council Meeting
October 19, 1976 7:30 P.M.
Page 2
4d. Correspondence (continued)
(2) Letter from Elizabeth C. Donnan.regarding a pa;irig tekgq,
This letter has been referred to the City Manager' -s office
for reply.
(3) Letter from Attorney William L. Meardon represeiiting.Horn
Aire Mobile Hone Court regarding application fob a licoMse,'
or permit. This letter has been referred, -to t}e Legah
Department for reply.
r, . SPa V.eg °pw......s s.o�,:, , wte¢ioad�'.t P.i�d,. .. .•
END OF CONSENT CALENDAR
Item No. 5 - CITY COUNCIL APPOINTMENTS.
a. Consider appointment to fill an unexpired term on 01e,Boat4'-6£
Appeals.
Action:
Item No. 6 - CITY COUNCIL INFORMATION.
AI I n i .,f 1
P -A /V
Item No. 7 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY;.,
a. City Manager
%. i/...-. 2:' D...,1 r -r »w r. -.. ��'.�r <n-i9.A e�.. .•( f.��.e. ar..e.c4al.,s .<:�1�i7.tsr.
2
Agenda
Regular Council Meeting
October 19, 1976 7:30 P.M.
Page 3
7b. City Attorney
Item No. 8
- PUBLIC HEARING ON AN APPLICATION SUBMITTED BY. AMERTCM
PROGRAM, TES
,OOLLEM
INC., TO REZONE A TRACT OF LANq:FRgd RIA TOiORP: ;2!;:9612.:
Comment:
The Planning and Zoning Commission at a regular meeting;fiejdl.on.
September 16, 1976, recommended
by a 5-Z`vote Approva'1 o' a'i�appl
cation submitted by American College Testing Program,ilnc•,;t'o.;
re(
a tract of land located south of Old, Dubuque Road, and east of tlighi
No. 1 from an RIA;Single Family
Residence Zone to an;OR�i(Oficeiar
Research Park) Zone. Rezoning of this property to anORP '_igeoui
allow ACT
to expand in the general location of theirresent,!I
Action:
y
P .. i it
✓Yt, i M 1. t .n.... L...A..{ E'`�i'�. N✓—]di I .ZM1.:+..6.iYu11
Item No. 9 -
PUBLIC HEARING ON A PLANNED AREA DEVEWPNENT OF
OR CHARD COt1RT,. S;7
Comment:
The Planning and Zoning Commission at a regular meeiiig-held:on,
September 16, 1976' recommended by
a 7-0 vote approval,of,.�a''Cg�bine,
Preliminary and Final Planned Area Development..Plan o" prcFiard,,Cour
a A.66 acre proposed development located west.of'Orchaiii,Street
extending northiy and south of the CRI;$P ;RR• The- developi�ent!11incor7
porates a mixture of single family, g _two :family and family
dwellings an
overall
separate lots at an overall average density:einus;stree
ns:
area of approximately 6,000 'square feet per unit.whiol is¢the;;iwi
lot
size requirdment in the existing established.RA Zone: Ai!t�y
Preliminary and Final plat submitted with;the
suliject;applicaicatl+ri
be presented to the City Council at such time as an oriiinarice:Eo `
approve the Final Planned Area Development plan ;is considered;,
Action:
�,�. C'e:o•
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Agenda
Regular Council Meeting
October 19, 1976 7:30 P.M.
Page 4
Item No. 10 -
PUBLIC HEARING'. ON AN APPLICATION SUBMITTED BY FRANTZ.CONST , Ica
CCIAPANY TO REZONE A TRACT OF LAND FROM R1A TO R1B AND R2", Z-761,,
Comment:
The Planning and Zoning Commission at a regular meeting iield.:on',
ofrah,:appl:i=
September 16, 1976, recomnended.by a 7-0 vote approval
cation submitted by Frantz Construction Company to reionel;an,18,;G,
ay 418ypassi:
acre undeveloped tract of land located south.of,ILL
and east of Sycamore Street from an R1A Z6ne:to:6.2-acres;ofjRIB11
and 12.4 acres of R2. On August 4, 19T5„ the applicant hsdipetj&�,
land
to rezone a 31.5 acreundeveloped tract of at.the._at;oVe.ilocatio�i
12.4 acres of RZ. tTFie;�
`
from an RIA Zone to 19.1 acres of R1B and
the
application was recommended for approval by Cormiission.'on;SepteaDer
council. The;;appli=,
11, 1975, but was subsequently denied by the. City
cant later requested that 12.9 acres be rezoned.to R1B'w}iych;wasi;,
granted by the City Council. The applicant 'has now requested,tth
remaining 18.6 acres be rezoned as indicated.
Action:
f i
'c.3 •'.l:.t..l
.4Qr_7.• 1,;: , u4^..vis',_ci+�,..E.K� .rlr�ti. ,.:..
Item No. ll -
'IrS
CONSIDER ORDINANCE AMENDING ORDINANCE NO. 2238 BY CHANG.ING'�iIE;i1SF -;&T
REGULATIONS OF OOURIHILL, SCOTT BOULEVARD. ADDITION M5. FRtM.RlA
R3A TO R1B AND R3A ZONES (first consideration).
Comment:
A public hearing on this item was held October S. 1976; ;and:firsb;_'
consideration of this ordinance was deferred from the Oe�obe; lgi,
meeting. The Planning and Zoning Comgissioii at, a ,regular eteetaiq
held on September 2, -1976, recommended',bx a 5=O'vgfe;with;.two
of application submitted by Plilai j(ove
abstentions approval an
Acres, Inc., to rezone the above parcels located west of1sc6tt' :
Boulevard and north of the easterly extension of w'ashingon'Street.,'
At the request of the,Commission, approval of the applicaticift'' uld.;
result in the. change in location of an existing R3A Zone'i, A staff
report dated August 30 concerning this item was furnisheii with the
October 5, 1976, agenda.
Action:
�y7 1 / ._ ' r7 . • . 1 t ' i....t?.17:f/!"/t._%r ..t-I'f :/s� . n..LP. t....:,(A��.. a{'_C't:.Fi"'r
i
Item Jo. 12 - CONSIDER ORDINANCE AMENDING ORDINANCE,NO'. 2238, THE ZONING ORDINANCE
OF IOWA CITY, IOWA., BY ESTABLISHING :REGULATIONS FOR'THE IJIYnW
OF TREES WITHIN IOWA CITY, IOWA, BY.ESTABLISHING SECPIOlV,3J0'.49'.
(second consideration).
Comment:
A public hearing on this item was held October 5, 1976, .The Planning;
and Zoning Commission on September 2, 19.76„ reconniended.'bY'a 7=,q:vote;
adoption of the above Ordinance. The _subject Ordinance1i
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Agenda
Regular Council Meeting
October 19, 1976 7:30 P.M.
Page 5
Item No. 13 -CONSIDER ORDINANCE AMEImPIG ORDINANCE NO.2584, THE,'FORESftY ORDINANCE
OF IOWA CITY, IOWA, BY REPEALING SECTIINS 3.38.8.A AND 3:34.11'.A(3)
OF THE FORESTRY ORDINANCE AND ESTABLISHING NEi SECTIONS.IN1!LIEU
THEREOF (second consideration).
Comment: A public hearing on this item was held October 5, 1976'; iie PiannYng,
and Zoning Commission at a regular meeting held on Septeemb-`r'2, P76,,;
recommended by a 7-0 vote approval of a proposed Ordinanceirepealipg
sections of the Forestry Ordinance which are in conflict wtti ;the.,
proposed Tree Ordinance. This Ordinance was recommended.for.denxA -.
by a 3-1 vote at a previous meeting of the Commission hel&oO -AL "',gL;' �, r
19, 1976, but because of the revisions to the Tree Ordinance tsgYf,;,s
it is now being recommended for approval.
� aa l P
Action: Iv I •I.�L �. C, � ��,�.rfl � u,.cru-�z .
'.AN..'S,.'.-Nl .0 .G•L-Yi. •Le.0 'd.6. R+6.l�Nti. a. . _{. ik6 J, _
Item No. 14 -CONSIDER ORAINANCE ESTABLISHING ADDITICKAL POWERS FOR THE FPARD'OF '
ADJUSTMENT (second consideration).
Comment: A public hearing on this item was held October, 5,.1976. 11ie Plannu
and Zoning Commission on August 19, 1976,, recc+imended.by
approval of a proposed Ordinance establlishing;additional:pc"wers.fgr
the Board of Adjustment so that they may adjudicate appeals; relating;
to the proposed Tree Ordinance.
Action:
ko -�, V
Item No. 15 - CONSIDER RESOLUTION AMENDING RESOLUTION NO. 76-238, PERSQNNEL'RULE1S ,
1� 71• _ .. T L AND REGULATIONS.
Comment: This resolution amends the personnel rules and regulations by changing
the language governing the length of probationary periods for Citi'„
employees. A memorandum from the Human Relations Director fexplaining
this amendment more fully is attached to the agenda.
Action:
Item No. 16 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE,AN
-7 r. !
WITH SHIVE-HATTERY AND ASSOCIATES FOR BRIDGE ANALYSIS.
-li -,.n �,
Comment:
The State and Federal Governments require that all bridges
a jurisdiction be periodically analyzed as oto their structs
condition. Although this requirement has been in effect f
two years, Iowa City has not evaluated any of its bridges.
The agreement will authorize the consultant.to, ins
pect and
bridges, complete the necessary State fonm;,.pr`,'ovide.an esi
any needed repairs, and: recommend airy .posting of. load 1imii
le:�st
Agenda
Octlar Council Meeting*
ober 19, 1976 7-30 P.M. •
Page 6
Item No. 16 - continued
may be necessary, The agreement is written with a."n6t to.eX ` '
figure of $5 000 which is contained in the FY 77 bu et..
Works recommends adoption of this resolution, �„
Action: �� / public
rae �x
c c'ir; �r �l l4 xt Clew
Item No. 17 -CONSIDERI
MOTION ` rTETHE DISTRCTT FOR HOUSING STAFF TO
VIOL4TIONS PROSECUTE I D�I�S Zr
Comment: A memorandumAl
am,.
to the agenda '
from the City Manager concerning this item';i§ attached
,
Action: P. i?
Item No. 18 - ADJ c c Cf C.r�,
Nf. v
11-j 652
Gv�
11 'cooP/v
.
1 is
EXECUTIVE SESSION
OCTOBER 19, 1976
11:00 P.M.
COUNCILMEMBERS PRESENT: Neuhauser, Vevera, Selzer, Faster, Per
deProsse. Absent: Balmer. ret,
STAFFMEMBERS PRESENT: Berlin, Hayek, Stolfus, Miller, Schreiber:
It was moved by Perret and seconded by Foster to adjourn t , o;exe"cJ.
Ve
session for discussion to discuss the matter of the investigation
of the officers of the Iowa City Police Department by Federal
3}t ,
officials, specifically the matter of iwScKa"xit- of provision e
legal counsel for such officers as are under investigation, if
such occurs. This matter is one which is properly ,the subje�t,of
an executive session, we believe, because it is, one £or.whio,
exceptional reasons exist which are so compelling as to override;
the general public: policy in favor of public meetings, and t6,
discuss purchase of property. Upon roll call Neuhuaser, Perret.
Selzer, Vevera, deProsse, Foster, voted 'aye'. Motion carried,
6/0, Balmer absent.
COUNCIL NEETING OF
ORDINANCE - RESOLUTION - AGREEMENTS
CONTRACTS
ROUTING
NUMBER - Index Originals Copies.-otii'er''
l
�-(�:J �...a_Cp ✓ q(V�(��•jjG'+�GQ' i�F�ry\" 'fry`
7� 303 , .5
�i
i
. COMMENCE ,
:i
� �La ^ /v(/S//!/�// /3 �•�..� ��A(��� Ci)FIC CEN
IOTER 070EWAS1f:.rGT fi lft_i.
MA C17Y:IONI{"�r�,�ii I
\1� C9 i I31SI j5i.1 BJ0 •I,
•IOM CRX.SSw, I1
MAYOR
MARY NEUNAUSER
C0UNCILMEM3Ens f ,
JOHN BALMER
CAROLAPROSSE •'�� 1
L P. FOSTER -
DAVIDPERRET
MA%SELZER
ROBERT VEVERA t
PROCLAMATION'
WHEREAS, each year the ij
Iations
Day, recalliingtheedate worlinc1945 when the 'Uni edelebrate October 24 �a onsa
Charter came into force, and 7 -
WHEREAS, this is an appropriate occasion for people ever�'wherQ to reii,aw {
their commitment to the Charter ideals of peace and hamate rights,
and their determination to promote econojnic and social ro
and a greater measure of justice and :freedom for all,,,.aad
P gress
WHEREAS, the same need for mutual understanding and cooperation whichi,dxew ;.
the thirteen colonies together in 1776 is drawing the nations.6f
the world together in 1976,
NOW, THEREFORE, 1, MaAy C. NeuhauheA, MayoA. 05 .tile cit p Iot i�
do heAeby phoc2aim Sunday, OetobeA 2A, 1976, u 4, may, Iotax {.
.fn. the City ob locva' City, YOM, and ca2C u ori -ak6 United Na.�C6na Day
ion
t1tat day in the e p cit, en8 to
United Nation C I t common puApo6e exp)LOAW .iri,', .the �
haAteA. I a6�i aFe Citizens to ob6e)Lve.ULuted,'N
Day with a 4en6e ob AededicatEon .to .the high tttttI16 wf ich.'w2„arta he�.�
United S,tate6 hold .to be aefg-evident, crs expaeaaed gh h e;;, zhe
COUtitcrUon and .the Hia os Righ.t{t, and boa aft'the iu'i 0 in: tlie, F
ChaA,teA os .the United Nation.
;illi(.
1. yoaT-n
i
Dated .in Totax City, loiuz,
.thi6 19th day o6 OctobeA, 1976.
U� U[FICIAL ACTIQ
OCTOO 5, 194 OF COUNCIL
The cost of publishing the f°llowing.pro-
teedi,ngs & claims is _
five cost to date during s calendarcumuld
year for said publication is
Iowa City Cit ^` `—•
10%5/76, 1;36 P�4uncil,, regular session,
Present: Bal er, at the Civic tent r'
hauser, Selzer deProsse, Foster, Neu -
Absent: 'Maevera> Perret (7:35 P•hl•)
nAne• y. Pleuhauser
Thomas Presiding,
Anthony appeared and presented a
ficponal for embargo of large truck traf-
cjl actiConkbeotak Ave and requested Coun-
ti on alleviating the,
Problems criustatelhese trucks• City
Mgr. BQrli hat §64.64
truck routes and exunc�ll to de?,'Code of
code procedure Plaj;ned a newgtraffic
near. future, rloul'd bel presented in the
matter r�ould Mayor Neuhauser stated this
the o be discussed at the end of
Month.
After City Clerk Stolfus requested Res,
Approy,ing Cigarette Permit be added to the
Consent Calendar, it was moved by Foster,
seconded by Perret, that the following
A items and recommendations in the
Consent Calendar be approved and/or adopt-
ed as amended
Minutes of official actions of reg, Coun-
tionmtg' °f 9(21/76, subject to correc-
as recommended by the City Clerk,
Statement from Harold Arhhrbse concerning
change of trade name from 'Dirty, 'Harry's to
Moody Blue and addition of trade name,,
The FOX H81e, to its corp,
Minutes of Bds, and Comms.': Comprehensive
P1 1 Coord, Nun. - 9/9/76; Housing Comm. -
9/8/76; Riverfront Co- - 9/9/76, co.d. of
Adjustment : 8/4/76; parks & Rec, Comm, _
922%76; U.A,Y• 8d> - 9%ks &'
6.
Permit Res., Book 36
Clerk! Res, #76-356 ' recomjlended`by City
Class B Beer Permit'aPagend 465, aPproviug
466, approving Class 8 Beer Surida357' page
for Maid -Rite Corner, 630 IonaAve.;Res
#76-358, page 467, approvin a Res,
Permit, and Res, #76-359 approvingClass B Beer
Ing Class B Beer Sunda 'page 468,approv-
Deli, 620 S. Dub ue. y $ales for That
469' approyipg Class>,CRBeer#j6-360, page
361r rrrp x503, .1'23 tJ, Beer Permit for
> Page 470, ap23 W- > Res. #76 -
License for Grace &Rubles'g Cass A Liquor
Res. #76-362, Pace . 2119 .N. Lthn;
471, approVi'ng refund
ResCag76e3t pr'rmi't: td- . C^ e_-n
tra
rette Perm, - Page .4x2, aPpro
TAR' 364., Qage 473 ACGEPI
I --
as d SEWER IMMINEWIR IN .HED
one by Southgate. Olpi,v CMEC
traffic control'
S'n .I.101Fred i�fr
1 cpntrol At "Gilhert & Je
referred to OeP .of Pu,'li
Robert Ho.lzha h c Wor
Parking; re ,Ytolatipn
9, and James El, B'1 o a , Jr
lar,i,on of traffic laws ijh Grove
i;erred ta.Policepoept.� Adrian I
tornado warning ,
Mpr.,a, two i S'aren4,, gref0rrec
Hb Peti tj o s.,. re, utyrt c
llpw Park,
r,—red to comm. C
Jodson, Patti .PjonSergd,' `de mm. E
referred to 'Parks & Rec, Dept.
Affirmative ro1T call was ugagim�
Counci'lmembers .present,
Moved eythelmer, seconde. peer
c910k Mayor rl.appoii�tment r
ancyen, 1905 Broadway,- tn; ftl7. tl
caricy with the term eicpirjliig 7f5f;
Cohan, on Community Needs, Motion
710'.
Moved by deProsse, ,�econde�,
fund the Johnson, Co,;
$50 per, Mo. after, i. Arts-�i
out and',unti-1 June7pre4gi
ono Bahner, Se.lzer,l and V,:
Couo(<i1W.oman 46prossg summajryzed thr
Transportat%on Steering mmo l,l ed t i
Nat'lSLeaguenI)•C., On Oct; .l for i
reported on the Housing Criuncilydn
conference he 9 & Cokinunity,
9/ 9 - 14/1• attended in Q&,' ' e fr.
The Se'ifertsreoo-quest ,for
on
cussed by Cotincl,,Ing arr fj�e. spde a1Kaw'as
formed Courici.l t CI,Ey Iktty'9. Hayek
tion of the allehe proceddro`i' acqu
inns, and involve, dent take dram 3 ti
ship, appraisals tlficatl Qit of 04
sable condemnationnegotiationsia and a
then discussio Proc�eedjng„ ,after
Hayek to repprt'toayor Nenhau>er asked
to how comp'Iicated bo,
�n o,ne. mond
Councilman Selzer SUhis r ztaer Grould b
also, investigate thisgmst the Eng De
no Councji objection$., a. r' ,l;here we
City!
Hayek .stated r: -e PerPetual'S;
and; I'A. Si,,ate, Bank negotia4gns are nra�
gr__ Ing'., He nnt.A 4 __ .
'is.
ion
a-SANI- 1
10061 ADD,
rc�
an, !re
.. Fathe-li
'e vio-
�
ben_i re
5 C1,`tjr
app
'>.iTerr,Nq
Bks>_ II
'affil
4p the
rraed,
to,
uns
urs i.aN,_uI Assoc. on Oct. 8,
Selzer expressed his corrcto develop
a beltline around the City for truck
traffic, City Mgr, stated if the Coun-
cil would. wish to implement this pro-
gram, its cost could be incorpbrated
into the C.I,P, which will be updated
in the next four months. After discus-
sioh, it was decided to request that
Public Works determine whatr-o-w would
be needed for the bel tline and fihd out
what plans the developer 'has for Scott
Blvd, before the C,I.P, is discussed.
Councilman Foster requested that the
press releases divorce ticketing from
totaling, noting that the City is not in
the towing business -- a private indi-
vidual is do -Ing the towing,
Councilman Balmer questioned as to when
the Riverfront Comm ,'s request for in-
formation on the acquisition of land
would be discussed. Mr. Berlin stated
this matter coulci be determined after
the funds are identified upon the City's
buying out the Fed'. Govt. In urban'Re-
newaP.
Councilmembers Balmer and deProsse in-
dicated they would be absent from the
informal mtg. gi"the 18th and Balmer from
the formal meeting of the lgth.
Moved by Selzer, seconded by,deP.rosse,.
to return the amount of $4,670 to con=
stance Merker re house located on 922 E.
Court St, Foster moved, and deProsse
seconded to table the motion 'in order to
determine whether or hot she should re-
ceive this amount of "refund, Motion
carried, 7/'0,
City Atty. Hayek presented an 'ordinance
amending the Parking Ord, by providing
recourse against motor vehicles parking
on private 'property,. He eXplained-its
two sections, impediment of pri6te ac-
cess to public gray and ,parking, upoh pri-
vate property, Council .later came to
the consensus to consider the ordinance
10/12/76.
City Atty, Hayek suggested Council sch ed -
ule discussion on pdhding litigation
within tha next month or so.
Public hearing was held on the Planned
Area Deli. of A ?, H Apts. A'tty, Alan Le `f
appeared, Councilinar Balmer requested
in°ormatio. from th•, Ci', Mgr, as to how
many apts. in iowa ity provide"han'cli-
capped accessibiljrty, Moved by Foster,
:seconided: by Selzer, that th.A rule 1E
quiring , ords.. mint �e a4rsidere
and voted for passage at. ,two Coun
mtgs.prior to the mtC. at wi i h it
to'be finally passed tiesuspen ed, t
the first and second eOftiderations
vote be waived, and t6at.the Ord.. be
voted upon for final passaga.at this
time. Affirmative rol!1 call, vgte wa
unanimous,_ all Counci°lmembers;'Onseni
Moved ,by Fqster; secSnded by `pelzer,
that ORD,_ k76-2$10, as recorded in Or
Boob 1.0, pages JJ -4?,, ',CSTABL)4tlINd PC
NE19 gREA 'DEV LOPh1ENT FOR A &`H1 AiiT.S.,
finally adopted at this time.,,Affirma
tive roll 'call vote was unanilijoys; al
Counci'Ime�ibers ,present
Moved by =Se.146r,, secogEIed 'by
adopt F;ES:; 76-365, Res,; Book
04-5, :ACCEPTING:'pREL
A & H APM Affirmati
VG rol
was unanimous,, ala Councilme
Public :hearing was held to"roz'6ne Cour
Hili, Scott Blvd, ' Add. 05 froo RTAtq
RiB and R3A to RIB, Cilty Eng:,,Diett s
mar'ized.his reQo.rt re sewer. Atty, Ed
Lucas A-44arry Schnittje� &
Comm,• appeaj11ed foil
Sion. Moved by Foster,;s;cfold
ret,. to. include the mend rom,C
Dietz as a partof the " 41-
tion carried, 7/0; Publilc hrtli.
Public hearing was held ;to re�q
age square from 0A to P.C., tai jl
appeared! .And explained the pet.il
had submitted earlier and preset
petitidn of objectors.`Flich4rd'!I
,P. &, 7 Comma explained their.''r2a?
GustAv Fleers•, Ronald S6:therlatic
Mii'la:r, and Don PArdubsk aisq.'<
and presented petitions iif •objet
Others appearing .inc.l,udeij Nance
Jack Doyle, Lance Levis..and, i"0'
Bonney. Scott :Bartter, a..f ty,
Square, appeared, Moved ;iby
onded by deP•i•osse, to acrr'ept; pet
presented., includding letters fr
L,indhol.d,, Dale and ,Hertha, Levis.,,
0, d, .and; Miriam 0ingeri,dh, and;r
a part,of the public fire., kigtjq'j
7/0. Public, hearing closed,_
he
a
Mayor Neuhauser declared a b ie iFecess.
Public hearing was 'held vrp the pgQpgsed
Tree .(Irds;,.: Ord, airendint Ord, ;2 38' by
establishing, reg, for plant#ng. o*"tries.;
Ord, ,amending, Ord. 25$4, the 'Forestry:
Ord ,,and Ord, establishiq,q add '�N 0gwers
for 8d', of Adjtm't• Linda Fisher irpp6�r-
ed. Frestry;Suph. $illigl.Ndj,ber
ov111Qr Vidnoer jock Geshwiler were
in attendance to an Wer tions.
Carole McCrane appeared a encouraged
adoption of the tree planting plan.
Richard Blum also appeared. Councilman
Selzer presented his personal proposal.
Public hearing closed.
Moved by deProsse, seconded by Vevera,
that the rule requiring that ords. must
be considered and voted on for passage
at two Council mtgs. prior to the mtg.
at which it is to be finally passed be
suspended, that the first and second
consideration and vote be waived and
that the Ord, be voted upon for final
passage at this time. Affirmative roll
call vote was unanimous, all Council -
members present. Moved by deProsse,
seconded by Vevera, that ORD. #76-28'11,as recorded in Ord. Book 10, pages 43-44,
AMENDING ZONING ORD. 2238 BY CHANGING
THE USE REGULATIONS OF CERTAIN PROPERTY
FROM RIA to RIB ZONE (20.3 acres - Bryn
Mawr Heights Adr1.) be finally adopted at
this time. Affirmative roll call vote
was unanimous, all Councilmembers
present.
Moved by deProsse, seconded by Vevera,
that ORD. AMENDING ZONING ORD. 2238 BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY FROM RIA ZONE TO R2, R3, & RIB
ZONES (several contiguous parcels, so.
Of Bryn Mawr Heights 7) be considered
and given second vote for passage. Roll
call: Ayes: Vevera, Balmer, Foster,
Neuhauser, Perret, Selzer. Nays: de-
Prosse. Second consideration given, 6/1.
Moved by deProsse, seconded by Foster,
to adopt RES. #76-366, as recorded in
Res. Book 36, page 476, AUTHORIZING CON-
TRACT FOR REAL ESTATE APPRAISAL SERV.
BETWEEN THE CITY AND IOWA APPRAISAL AND
RESEARCH CORP. Affirmative roll call
vote was unanimous, all Councilmembers
present.
Moved by Foster, seconded by Selzer, to
adopt RES. #76-367, as recorded in Res.
Book 36, page 477, AUTHORIZING CONTRACT
FOR REAL ESTATE APPRAISAL SERV. BETWEEN
THE CITY AND ROY R. FISHER, INC, A&
firmative roll call vote was unanimous,
all Councilmembers present.
Moved by deProsse, seconded by Perret,
to adjourn the meeting at 11:00 P.M.
Motion carried.
A more complete description of Council
activi:.ies is nn file in ;the office of
the City Clerk;
ABBIE STO.L10
CITY CLERK
C.
9;, 1;976
0
0
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
OCTOBER. 5, 1976
7:30 P.M,
The Iowa City City Council met in regular seson.on
the. ,5th .day of October,, 1976 7
nat. :;30 P:]y;- in the Cpuncil,
Chambers .at the Civiq Ceter, Cnuncir_],members presej�t• were:
arrived at 7:35 P,M.
Balmer, deProsse, Foster, Neuhause,.. elierf V,evera., were:
et
Absent: none, Mayor Neuhauser pre,-
siding;,
Mr. Thomas Anthony, 1004 Kirkgiood;,, appeared -anSl p -re-
sented a proposal for embargo of large. truck traffic on
Kirkwood -Ave.. from ,area residents. and: requested .thab.Couricil
take action on al3eviating the problems caused by these:
trucks., City Manager Berlin stated, that;Section 64:,,,5 Code
of Soe .authorizes Council to designate truck routes., He
also explained. thatCouncil
new model tta'ff 3,-P code procedu'e,would
matP rsenteI.d. in. the .near future, Mayor_Neuhauser st ted this
matter .would be discussed alonil,with the new traif t;atedethi
the. end of .the Month,
After City Clerk Stolfus req
Approving a Resolution
it was imo Cigarette- Permit be added to the Consent Calendar.,
it was moved by Poster, seconded bX Perreh,. that the follow -
be
items and recomp�endations, in the, Consent Galendax,
be approved and/or adopted as amended:
Reading of minutes of official actions of regular Cour.
ail meeting of September 21, i9,76., subject to correcti;gn,
as recommended by the City Clerk,
Consider Statement from Harold ia,mbxose concerni
Of trade name. from Dirty Harr. ' n3 change
tion of trade name, The Fox Hole,ttoM tsycorporai Blue 4ddi-
Notification to Council of change,gf name for an estab�
l shment with a beer or liquor license is for ane,,d by
the State.,
Minutes of Boards and Commissions: Comprehensive Plan
Coord:. Comps, - 9/9/76,; I.C., Housing, Comm,; 9/8/7,6;
Riverfrgnt.Comm, - 9/9(7,6; S, C, Board of. Ad3fl,
B 'dment - 8%A/Z6,; I,C:
Parks &, Req; Con,,-.- g/y�2/76, U,A.x
Permit Resolutions, recommended kiy C'i
Res.; #7.6-356;..page 465, .appi;ovipq Cl;a;
and Res. #Z6-3.5.7,,,'page 466.;. apPsavin,g,
day Sales fgr:.Kathryn J„, I(eLly dba%Ma:
mitaande APS.. #16-358r ;page, 4¢.7;,, a.PF
x76 -3q 5,9;, Page' 46.,g, aPPxb}
Sunday Sales for•J h
Clerk, Bork 36;4
B. ;Beer Permit
as,s .H -Beef; Sun-„
Rite:.Corner,. , 63 q,
o n tiler dba/Thai; .pelf, .62
Res, #76-360, page 469, approving Class C Be
s, 'a_."Beer
S. Qbuque;
t, 1Page 2 Ij
Council'Activities
October 15, 19 A5
for Ronald R. Males dba/Quik Trip #503, 1211K. Benton;
Res, #7,6-361, page 470, approving Class A L;iquor!Eicensei �
for'W6men's•Restaurant Project, Inc',, dba/G,;Cac'e Rubies;
209 N, iLinn; Res, N76•-362, pagie 471, approving refundof
Cigarette Permit to Central Vendors; "Res, 1
472, approving"Cigarette'Permi.t,. x'76 -36$i, paje j
Resolutions: RES. $76-364, page 473, ACCEPTING SANITARY
SEWER IMPROVEMENTS IN WEDGEWOOD APARTMENTS
by SoP.iDD. as done
Scutt
he Development Co., Inc".
Correspondence e. Letter from §,
control at intersection of rG lLeWihifreffeotlian, roe, teat
to, Dept of''Public Works rsoiiy refer"red
Holzh`""'er, re; Letter` from�Fathet Robert g.;
Violation of private 'parking;; tef�rred- to I
OPoT:i'ce: Dept;- Letter- from Aii'riain-Hogben; rei,!tornado iva'rn,
ng sirens; referred to .City Mg'r; Two petition's, ie.: 'futii,e'
of Happy' Ho13"oiv Park; with, 2100 :and 358 signatu=es„ i;�eferre:
to Comm, Dev; Letter from JAme,'s B, Brady, J ,; re;e` vi'ala=t
tion of traffic laws on Grove Street, referred to l,�;olice �I
Dept; Letter from Terry Jolson, and Patti 'F`, ''Monserud,�
mini -pars; referred to Pa Park
'& Rec. Deft. re
Affi-kinative roll 'Call was unanimous', all Councilmemberg" present1
S
It was noted that Council will be consideringthe Prks & f
Red. Comm:'!` recommendation to change fife name of
to Park to Pheppointedll Park at'the October.12,rneet ipg. Mayor, 1
cancy it appointed Ron Bohlken, 1906 Broadwa to;
cancy with the term expirin Y. fill'ahe va-,99
ty Needs: 1' g 7,5/78 on the Committee on gohmuni-4
ass moved Balmer,; seconded by Periet, to,ap-
prove the Ma or'!
Y s appginiment. Mcition carried, 7'0"
It was moved by cieProsse, seconded 'b
Iowa City-Jofinvoh Count Y Perrot, to fund the ,
its present Y Arts Council with $50 P6 fund
after i!
grant runs out and until June, 1977; 00tiori'carrie 1
4/3, Balmer, Selzer, and, Vevera voting no
Councilwo �'
man deProsse
ing summarized the Transportation,Steer-
CBmmi'ttee meeting she attended in'Washngton,, D;:C,'.;'on
Oct. 1 for the National League of'4i`ties She stated'z ems
discussed included: _
Municipal Policy on Trans trtationcycie-safety Arid the°National
Councilman "Perret reported on the, Hqusinij„ & C6nununit De-
velopment conference 'he attended xn bubu`ue f om 9 �� - 'Y ,!
He indicated the topics -"that were 'di'§cussed include ii
/9
borh'ood development arohi d_ negh-
Code implementation �for
rehabiliitation! a'idrre bicodeuenforce-
merit with 'technical
and'.financial ass'i:Stance,
li is
Page 3 Council Activities;,
October 5, 197E
T,P- Seiferts' request for .permission for,a covered open-
ing in the sidewalk. .was- discussed by Council, City„iAtto_rhey,
Hayek. .informed Council the procedure f
alley involved orracqui tion of tke
identification.of ownership,, appraisalsr sego=
tiations,,.and a..possib,le condemnation.prggeeding. phis pro
-
After
might take from three to four-mi?nths to:complhis
After Further discussion, Mayor N.eu,;hauser asked. Mr, ;Hayek. to:
report to council in one month, as to how complicatedlthis.,niat--
ter .would be,, Councilman Selzer suggested the Engineering
Dept, also investigate this matter.
jections, There, were no. CDuiWil iob-
-City Attorney Hayek
Savings & Loan, and Iowa
there had been a meeting
on..F,riday,r Oct, 8,,
stated .the negotiations .with.Perpe.tual
State Bank are. 'progressing, He no,t„ed
scheduled with, Old Capitol 7
.. _ _ .jssocia,tes
Councilmanelzer expressed, his, cc
line around the City for truck traffic.
indicated he had checked into. the possi.
a beltline to, run on Scott Ho. the xotn L
the focal Road;. and if the .Council.woul
this program,., its cost could be incorpo
which will be updated in the. .next four
sion; it was, decided to request that ,Pu;
what, right-of-way. would be needed for t]
find out what ,plans the :developer has f<
the ,C.�I,P, is discussed;;
Councilman Foster
divorce ticketing from
the towing business --
towing,,
to develop .,a %?eit-
.sh to imgl;;$ment.;
d into tho;- c.I,40;,c
hs. ,After;; discus
Worlgs detarinine:;
eltline, aa3 alsq,
Cott ,$lyd;;;be£oi€
requested .tha=t. .the press,relea�es -
towing., noting that. the City1. is, not,'in
a private individual is doing ;the.
Councilman Balmer questioned'as to, when the
Commission's request,for information- siveifront�;,,
tid
would be discusseii, Mr. Berlin statednthis ,A of
ffe,land.
determined, after the funds ,are identifie3.upon the Ci;tyss: buy_
ing.out the.hederaI Government in; Urban 1Rengwa1,
Councilman Balmer .and..Councilwoman,,
would be ab,., rom the ,informa deP,rosse indicated: they
cilman. ,Balmer meeai W of the .18th ,and _Coffin-
for ,the ,formal meeting .of t;he; 19thE
It was moygd by .Selzer,., seconded by ;dePross
the amount, of ;$4:, 67.0 re
($5,,'.000 less the cost incurred by,the eity)
to Constance'Merker in reference to the house �o'aated.c�n 12 iE.
FCourt. St,. Which she had intended to: move. Then,. Cou
oster moved,_and deprosse seconded mcQimcc
der to determine whether or not she should 1receiveothis amount
of refund. Motion carried, 7/0,
Page -4 Council Activities
October 5, 1976
City Attorney Hayek presented an ordinance amending the
Parking Ordinance by providing recourse against motor, vehicles
parking" on primate prgperty. He explained 'its two sectiorjs,
impediment Of private access to public way and parking upon
privateproperty. Because of Councilman t'dlzer's request for
time to study the o'rdi'nance; Council later came to tie cori-
sensu's 'to consider the ordinance October 12.
City Attorney Hayek.'suggested Council ,schedule discu�-
sion'on pending litigation within the neva month or so. 7?here
were no Council objections.
The. public hearing was -held on the Planned' Area Develop-
inent of A & H Apartment's: Atty. Alan' teff `appeared on behalf
of ,the owners of the complex and asked Eoun'Gil to su':§ nI'tthe
rules and give the final vote for passage that'eveniing. Chere
was some discussion concerning accessibility for the hand:i
capped, with Councilman Balmer requesting information 'froit the
City Manager as 'to how many apartments in Iowa city,proviie."
handicapped accessibility. It was moved by'Fbster, seconded,
by Selzer, that the rule requiring that ordinances must be
considered and voted on for passage at two Council meet" s
prior to the 'meeting at which it is to bie finally passed :ie'
suspbnaed, that the, first and second consid`;rations'and vote'
be waived, and that the ordinance be 'voted on for'final;GPass-
age at this time. Affirmative roll, cai'1, vote was unanimous,
all Councilmembers present. It was then'moyed,':by Foster`,,'sec
-
onded by Selzer, that ORDINANCE #76-2810,.''as recorded in'Ord.
Book 10, pages 41-42, ESTABLISHING A PLANNED AREA DEVELOP.r
MENT FOR A & H APTS., be finally adopted at 'thi's tIme, Affirma,'=
•tive roll call "vote Was Unanimous', all Counc lmembers pres'ent._
It was moved by Selzer, seconded by Balmer, to adopt;-RSSo-
LUTION 76-365, Res. Book 36, pages 474-5y ACCEPTING PRELIMI-
NARY & FINAL LSRD 'FOR' A & 'H APARTMENTS: Ai,,i'iXmative call
vote was unanimous, 'all -Counci]m&mbers pFes'eht:
A public hearing was held to tezonel-t4ted parcels' of a
tract of land from RIA t6,-R4B and -kik i:o Rls (;CburtY Hilly Scott
Blvd. Add. #5). City Engineer Dietz summarized hi,% report
pointing out the development is getting ahead of the sewer
capacity: Attorney Ed Lucas and Larry It., schnittje'r app:axed.
Atty. Lucas pointed but this-developmeht had 'given an easement
to the City approximately five years ago for the city's trunk
line. Mr. Richard Bluing p .& z Commissionet;,,-appeared and ex-
plaine3 the reason they had approvedhee trezoning` of the,it,prop-
erty in question. It was moved by Fostebr, ,seconded by Perret,
to ih'clixde the, memo from city Engineer Dietz as a hart of, the'
public hearing-. Motion carried., 7/0. 'pubYic'heat'ng.vas'clo'sed•
i
Page 5
• 0
Council Activities
October 5, 1976
The Public hearing was held' to rezone a tract of 1'an,
from and to PC, Located' on W .Benton St, (Heritage Squdreij,,"'
Don Pardubsky, 918 Talwyn Ct., presented a petition;'fro!
area residents opposing this rezon;ing., William Buss, 747''W.
Benton 'St.appeared and egplained the peCitioil,'he' ')lead` spi-
rititted earli,err' and, Also presented' 'a peti'tiori of ob?'ector�,
Richard' Blum, P & Z commis'sioher, ad$resI - the Cou;xcil con'-'
uerning their sEandi- on this rezoning. He expiai led t;taE,
although the Comprehensive Plan, is "not in effect, Cqunclt6
should', view this in a long-range perspective. Gustav Fleers,
Donald Sutherland, and Marcia Miller also' appeared rind
Presented petitions. Others appearing included Nan
Jack Doyle, Lanb"e Levi'sy Hel?inq,
, and' Marjor'ie'Bdnney;. Sdgtt'cBarkex;,
attorney for Heritage Square, 'appearedand discussed thdit'
survey. 'He further' stated that tyle development was. with ;, ]
in walking 'distance from Oaknoll Retirem`e'nt _Resideric'e: Tt
was moved'"by Perret, seconded by de.Pros,.e`, to accept"the
Petitions presented, including the letters from Vera;Ruth •
Lindhold, Dale D. and Hertha Levis, and 0. J. and Miriam
Gingerich, and make them apart of the
carried, public hearinlg, Mei ion
7/0. Public hearing teas c:Los d.
'Mayor Neuhauser declared a brief
recess at 10:31 P.M:,'.`
A public hearing- ._-
0rgOrd. was held on the proposed Tree brdinances;
, amending Orifi, a en by estahli"sh rig rouiat ons 'for'plaht-
in of trees Ord, amending Ord. 2 84, the'Forestry grdinaric
and Ord, establishing additional powers for Bd. of AoI..1 --ce;
Linda Fisher, 941 S. Van Buren, appeared and questioned,
several aspects of the tree planting ordinance. Forestry
Superintendent Billie Hauber and Senior Planner Rick,GeshwUgr
were in .attendance to. answer questions. Several Councilmembers
objected to City staff providing site plans. Billie Hauber
advised she was not comfortable with varieties for trees and
measurements,
or City provision of site plans. Carole- McCx�ne„
1223 Se ppeared and encouraged adoption of the
tree planting plan. Richard Blum, also, appeared.., _Coin ilma,q
Selzer presented his personal proposal. Public hear'i;iig'cio'sed.
It was moved by deProsse, seconded by Vevera, 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 ordi-
nance be voted upon for final passage at this time. Affirma-
time roll call vote was unanimous, all Councilmembers,present,
It was then moved by deProsse, seconded by Vevera, that ORD,
NANCE #76-2811, as recorded in Ord. Book 10, pages 43.-.'44,
AMENDING ZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS
OF CERTAIN PROPERTY FROM R1A TO R1B ZONE (20.3 acre tract of
Council ActivitiPa
Page 6 October 5, 1976
l
fi
b
Addition) e ,finally adopted,at
land, in Bryn Mawr Heights � 1.- -.413-
as: unanimous, EfirmativO rollcall Vote W
this
Counclnembers present,
'''yI ,'Mft
that'
-A ZN'
bEY, TVO,R2,
�
r,
ORDL
M
-
it Was. moved 'b deirqSsepEsecondedCHANdjNdTHE USE jEGU
,
-
6
NANCE:AMEpplNd.Z01NG ORDITANC&Alla,
LAt16NS OF .CERTAIN PROPERTY FROI "of 1of3 BryAjK&yr
ZONES ("severalcontiguous;parcesL
Heights be considered and given sep-id,vote for passAge-
ii
Roll call: Ayes: Vevera, Balmer, Foster, N6uhau9pr! Fi;rretr ii
Selzer. Nays: 4eProsse. Second consideration given, ;6(1,
0 4 1
by Foster, t ldppt
moved by.deProsse, seconded, -1ge, 47.6;
�';ok 36f
.It was 1, recorded inRds'l BE
. I . I . '.. Hook
SFR\71C]
RESOLUTION 06-�3660, as rec I ARPR
ML ESTATE. so'kba
AUT�bii�I�� 'c6NT#ACTjO9-11U — L - jAISAL- AND
THE.ry AND. IOWA P'pf all
TWEEI� E, CITY OF IOWA"Cl� I I
all Vq�eVas Unan�pou.�4 L'
CORPORATION. Aff*rr!14ti-1!a roll c
council
-MemberSpres ent.
was -moved by Foster, seconded by,selzerf to, adopt,
It was' L �ook 36, p4ge'47t'
Ln Rpis�
RESOLUTION #16-36T, as recorded pRAISAL SERVICES BE-
TWEEN
ESTATE: AP,
,�kf
AUTHORIZING CONTRACT FOR FISHER, INP -
WA CITY AND R. R!.� s
TWEEN THE CITY OF Ip" un 1mejaber present.
unanimous, all Co 01
tive roll call vote was U
b 3,djoukh
It was r�qV6d by ddPrpsse Seconded �y perret, tA
thp meeting at 1100 P.M:Motion qarrIed
CITY CLERK
Ta!56recorded oni Reel #32 and *33
1 0 0
INFORMAL COUNCIL DISCUSSION
OCTOBER 4, 1976
1.;30 'P. 11.
INFORMAL COUNCIL
DISCUSSION: October
Conference Room,
4, 1016,
MayorNeuli so sidi'g'
all er
CO.UNCIT,MMBgRS PRESENT: Neuhau
S6l2!e;'' Per, rostPT., Perre,t, Balmer
VeVeYa, deProsse, Absent: A None,
8TAt'PMEMBER8 PRESENT: Berlin, !§tol'
Kraft, Vann, �fid fus, Sc, hk6lb6k 'G1�4bi'jjej
'waltet', Hayek, S1�1
AGENDA QUESTIONS
lillerr i4shr
Mayor Neuhauser commented that the public hearings
12 and 13 would be combined at th' formal On Items
All 60hddthing the tree reg I P rm I mpot;i
dlation�i. lisr aS t,heY a
Councilman Vbvera advised that lid Would not Vote for !;lip'
��6hlng Of Plum- GroVe Acres
after reading th rt Hill
1. 1 ..e City Eh Scott 0iO.:Addri!
that the City Eh ginosrv� �&p0rt. ' 1 -1- !
94110ek report .Yor
meeting.
ir -requosti
.9. 9 rekoning aj� t'e 'Xt : I I
regpliki
C000ilmdn '8612i6k called attent th
ilig Of the matter, �.i6ji to a a.
material bxpl, i .�-sq;epjj,qy �p jq v?d
Large sctf PA rj�Lng the j q'evglop};nei�t .a
Scale Resiaonti6j. Subdivision. . ?lann6d Atea
—
suggested that t for A & H A -
he Orain�n' P1 en He
tb6 PAd,� a':
ce est rtm- t
luti9n Accepting md 'tWei R
Oct. 'S'. . The
� � g the LSjRD be adopted at es
Thei c * -" ' , , `fiat
thee
meeting 0
it - -ItY Manager advised
is Possll*bie. eu. t"hat h
cAd r -Q see.,
Concerning the tP266inq of the Hollow
man,Vevera advised that he Would b; voting to
Neal Berlin Pointed - the : voting : 1. � 0 "Cif
out that the stiff was
allocation in a Previous bond issue, s invest"
be used foan
r p ue, and that HCOA t6
Previous Council discuss ne'Y' mlqh
n4tib'ry as a storm water d the PrOPjrty'a;des�g,
ete6ti
,on area.,
C6indilMai Balmer asked' for an
-an Cootdinati
P1 tibn, of the, Co�hpi�,d
.ng, Committee I A ,, - 1, - I heh4
citizen Part," 'ipation P'rbCs - r9c,opm th,�P
I I.-Knidatibno c6nce1i:n -
s� •-!U,j0o,.§te , �xngj, q
Neuhauser stated that the I � �Cl6by 94piiZ. 'Mayer
Ca, aygr
C" wanted, got: 4 AA,
view, and.to try and wi—r po.1 t of,
Manager. t . the, entire
c ..n
- pointed .9mmunity.. The. ax
- I� -P.' Out that the>:e. .City
P-X9PPss.. The lqay"_Pte, was Mo d f-
or noted that e_?�nJte time, tcL.Pnd; the
Council with an Aiter#ative
ore WIll. 4e-
ue
ond, P3 0 On, P
Why r posa -Councilman •J311a ezti,q
she Haub r , I 'r. , I
I or had not commented 0
A the vegetat�04 4uidej
0 S t The.,
had been, "d n u
I City kana'er stated C 1-9 Ate4 Olat.
Page 2 Council Discussion
October 4 1976
she had been consulted but she doesn't necessarily agree with
everything being put into it, and she would be pleased to come
and express her viewpoint, and is free. ,to do that,. Several;,
Councilmember's a4kee'd that she should .come for ;the discussion II
on the tree ordinances:
Councilman Balmer also questioned why work had .been S�dlo ed:
�!1
Y..
until the Land Use Plan and Zoning Ordinance was comk -ed,; it
and thought it should be at the top of the list.for completjion III
and why the tree ordinances (and kiwe fro*n Commission brochure)
had been worked on. Mayor Neuhauser explained that it-bas!Ibeen
started, but will take longer than other plans, much,of,th-e:,
Riverfront Comm. brochures had been done by Horton-ai,d--the--
Stanley consultants.
Councilman Balmer also pointed out the delay in gett;ing,the City :.II
Park improvements, and questioned why the environmeiT'taI review
had not been done earlier.. The City Manager noted that,thp
schedu_1e had been presented, and the envitonmedtal ri_vLeyi,gtate-
meats _ had been c'oinpleted. Fie stated that it vias imperati e
that all rules' and regulations are :followed, or we ep uP'::: a
hassle with the 'federal government. Councilman Vevidta,adde�d;
that if there was a bond issue on Happy Hollow; what; was 'the. moneW
was spent for. The City Manager explained that, a9teappraisal i !I
of the property in 1'966, a motion to pukdhase the happy ,Hollow
playground was voted down by the p.a:Pks and Recreation Come ss on,
and these mi4qtes.were accepted by'Council. P
Mayor Neuhauser .stated that the chahjle:i in Ml -K2, Zones ana:,,tile
Mobile 'Home 'Ordinance are being 'heli so that they, ca,n be at part
of the total Zoning Ordinance. Councilman Balmer questioned
what the City's share of, the revenue skiaring, would be. The.
City Manager advised 'that he, had noIt -re c8,ived what 1 he enti de-
merit would"be, but as soon as '%t was; received, .he, would. 1e,t
Council know,
I
Councilman Vevera asked if it had, ever been, determined 'vrbq ,owned
the bank of dirt; in the vicinity of :Emerald Street.ipta. & Cal-
vin Court. The, ,City Manager stated that ;he, would ,.c4i ck it. ,out.
Mayor Neuhauseriproposed that some nd,;icaion tie.gigen.hyCqun-
cil concerning tihe,alley behind Seiterts,,,and. Advige4, that she
would ask the 'City' Attorney later._,
CouncilmaiT Selzer 'asked whether_ or ,not ''the City had a pol;a.i;gy`
that they -were not inspecting sing le'fa!milX ownet; occuped_ "
residences, because of the Adgust repoi=t from code enforcement
division. The Mayor replied 'that they were 'probab'l'y,'♦ a X, 041 t;
of complaint's. tt was noted that the 'City does not;b4arge a
fee for in"spec"tions. Councilman Salmi*'cal'1ed attention to the 1'
dispute as to who is taking care of the plantings onWashington 1'1
0
Page: 3
Council P-�scusz
October 4 in
Street . i.! to
infront.'of the First Natibnal Bank,,,
there ,was no graS8r but weeds„ Adrn' ,
Schreiber 4dvised-th 1n1str.At3
or not the Cit- At there .' A -
was question
-Manager. 'y w;ll'. t , . , ,
:advised .that 116� 'work'
sh.t t 'th : In that
shrubs and trees: C ere- �will be
not: as .'OUncjlman, XePlAdeme
yet,
received th
DePartment, 'concern,jjg� e iiiformatj -comment,
the..rigirh- f;
_qn� �ftom the
and -,stat
11 .
ve ! Assies
area-,,
to,
Councilwoman depross '-way 'along, Sc(l:)tt-- '"'
1. ,
regardin e explained a complaint she
9 the wrong tree be �hid
at 1,81.7 _c St being cut down
t• 7reet-� tree
-in ZronC __ of , tfiil
Mayor NeubaUser.c _Y MOnaqet ad
.'et. al in
Xegakdin h . -led, att,bnt-�-011, V J�e
V61c;Pme- t - 9,,.- er appoilitment a -s , I to; leftist 7
n and . a. ni- - ,er 1�njj
of 'Mayors.:.l Housing C6- J.tt I er, of t e, o� uh'*
e, I ee of,
bet, .7� requested Coun' ,,.the, United_ s t,,
- 8 meet - Oil'& b6ns6.
in I
Washington in Chicago an O� "a
ington'. D.* advi d the .Januar
on these meet. 3 ng, Councril it �a e18wo
meetings. There 1146re no,,cb dis & ' ie 03 �
Councilman Selzer
j-nq,- Comm• e. zer noted, his OPPO'sition,to:
the,
Pr6sale- minutes Of Sept
un. :Lnspect3' 8 regard Stattem(
.on Ing , the tequiri.yj
its should be mandoaftotructurds' 06n:taini - er.
it rather rather th4- ng one ot M6
untaryj !Co�
is c d been determined u
interpretatiomw, n vol -
deProsse also asked if it had
ned what th
sPect�ons- The - theiljability of the C
CX:tY ManAge comm
wOuld'write at, opini6lll• r ailti'd-that the
qgal
ih,:: -,
back
lin�
VaNSRE20UNrY,,,ARTS COUNCIL
. . ........
Jim. Evans;;
onna Friedman And Mary, Jane McL
to d,
1scuss their prop
Council has, the osal
an use of A• It wa.§, po,. aughlinVere Present
d the city pr6vi n Office in ii-tited �out that' t-
he.,A,tts
ttibut_in�r approx,mdes Staff assist'N' t] , the Parks & Recd, Dep�,,:,
ately $11,000 ndo!,, and - area,,,,
th s manner.: some Supplies ' P
Friedman expP;icon- i:
mentSr�of the explained the city his
Gra
need for a jwgr<?UP6� Mc city 4t and the accomplishji
lreqtor� , tv ughlin,djIscus'Odd
the sol.; I.i[go ',and!� the 1
vate ans discussed the fundi
utlond,� notin
Ing membersh 9 that they_a '-1citat3Ppn,.of jPri_
no 1P categor ze -also be - jing A �,sl�on
:d' ted that the. I 0,wa Arts y' through tpt4 . I gin]
Irrector. lvabi� business,
wh -ch Council -' r I �
I grant p It 'wjs.
b if -Must.be in rovided $2 7,i'
budgetary lim - matched., .6 r 00: fok.1,1,
this - - , 34ts Of the Ci. Ouncilman :B, 14
Organiza, ty. The; c'�jj'ty'M., 11mer j�10t6d � the
t'On' i's to be s Q� I anager,,,poinj, -
it
nos .be dependent .on uccessfu�jte6.ouj�, if 1�
:Min Ve,vera tile , C - 41"Ehe 10119 ru -, !'
in corr Preosed' concern' - d
sated ex 3 tY for & ihaii5� Pi ,
it
S ecting ad year,11
elzer sugges sewer and ,,vlsl"g t -bat he:`inter_Co
ted there ' street Problem..
Should be a happy iCounc'iln
Ppy medium, citi tain
ng the�
Council Discussion
Page,4 October 4,"1916
example,of Project Green., A fund, raising- event is planned --
,for December. The, Mayor advised that it.�was hard when ;iVCoundill
is trying to. economize: in government,,- with.'only a.7%-Umbrea0le
allowed next year. in the I budget, to: justif y funding, f6r- A ii!Iaw
director position. The -funding being Asked :for is, $Sp:a. noitth
and � off ipe: space., The City Manager, advised that it, could- -be
funded from the Aid, to Agencies -fund,. i, formal 1motiO# ;cbrx,6-,�,
cernin4. this funding will, be. made, at, the: riagulakcouncil meeting.
REHAB.PROGRAM
,,Program, Coordinator Julie Vann 'and Ccinsultant, Mike, Kuch&'rzpa�
e, P
-
, 'Foust-,
,Wer
present, to explain the financing aCkages ,for thI�_ng
Rehabilitation! Program and to define thi� rehab. propext3�, stand-
ards
311
'4 In: -th j After.- 'Council
aras as, prpsente e,.September. 29 memo
approval of their proposed proc,eduresi the: envikbnmentaliTe:view
for. the program should be ready by October. 18th4 Thei, stAkf:l to
be hired,,should be able to start, by ilovjimbpr 1st, and the: 15k.6-
gram will be ready by November 15th. t
he, time �schedule for the environmental review prbcess:was'4is- 1!I
the 9
cussed. The• teview. could be c1mall6nged. RUDA s., role. has. changed 1; 1
I I
considerably,. iey make sure. that we: have followed. pretet!
bed
advertising procedures,, etc..
Vann explained that any house that p4rticipatesjimm.t1'Ie pro(jrhm
will have to be, brought, up to minimumbbusing code s#andaidisi ill
the same standards that the enforc6nient,division use:;, for!
4
consistency. Other considerations would include (1)Iefi6rqy
prevent vio-
lations.
conservation, (2) fire prev ion, cind,L(3) inc "ent, !code i 41i
I
order okpriotitY. luchaiza"k ex- I'll
lations. These are in the
plained the rationale behind the ficj�ure used for gra��,t, cei'lling. 1,1
He noted that our minimum ,standards'4rer atypical co e. In-
lp
d'the majoi nl
mid>November recommendations from staff an community
ti s,(oh fina 1cii mg 'program v J1
lenders as to how tobest work up op J�qn . 11
-
will be presented to�Councili dendkil,fdontractors W;,Lli, bqi,:,bid= j- 11
ding on a package.
Councilman.Selzer called attention to:the difficulti6s iwqb- li
or, and 5.,6.niriiented that thd,i success,
taming ,a building inspect
tof the pr_ogtam depends on the idequqcy,(of the irispedt,ion.:I;Ilt: .1 1i
was noted that in Sec:;6.ic.3.,,the iilncS 11 pme Iwas yearly) not,#6,n ' thly 1, ]1
CouncilmanNev , era, asked whether or hot'the imj5joVdme!.q,ts would
mild 11
raise. taxes:.Kqcharzak-commented t) I mat some of �,Ithe mbne�i -Vould
hould Tii
be used- for deferred maintenance, or r(l*dikst .and: sil . not- k
raise the market'valuei but additipnpjz. -a new. room Would raise,
taxes,. 'Vann; pointed out that ,the s e.ants: will be prdcepse4Iby,
the; City, not the: banks, I and discussed the, eligibility
I
require-
ments,. I
0
Page 5
Council, Disciissio
October 4, '1;976' -
Vann eentaj $.j0 their proposal than out of 'the toitatl,$48b,000,
allotment, rjj00, OOq was, .to � be� iised ,for site im r `
the neighboriiood (such as:sidewalksi
minimum, of 25 P ctvement� for
grants. �% '$325,000 nsed.:for A,
Of 8 for at $5.,000 each:; •'$4O,OOQI for * min'"'_
fa'11'to givable loans: Kucharzak e6pl'ained avoiding!„
for persons' other' .than .then loci-' .rind
Mayor Neuhauser called income.s;perso:n.being sery
People. Kucharzak su attention to ,provisions for hand!:cappes
and havingggested taking this under c6h6ideration.
tive.: the Advisory Board iriclud'e it as a specifiratibE
Councilman Selzer coznpliinente4i Julie: Vanh
ant.Mike Kucharzak on their simple, strai ht�fo
Prepared and. C onaiilt=
prog3am. g rwardi'WEll=,
VILLAGE. GREEWSOUTH
Concerriin
4 acquisition of a Yrikeway path from: Merci:
Scott Boulgvard, and trian les
Dir.: Kraft .advised:that g f°.park land, Para
the 40' stri the deyei er. . coCommtnity,t
P ,(which is.measured startineferred to:!dedica
railroad right'of-way) , and as dev;elo;oment ntheie
g froin t}ie:fiedge X;
East, the triangles wou-U be dedicatei3 to the Cit
borhood parks, continuestort
lined their, Parks .and Reoreafi°u a)irector. y for no
much proposed ''plans for Shoivao2ter o
maintenance, ana . la 4round cover that does not,
Gilman Vevera P acres df pinEi tree seedliri7s',.
out that unless theieasementsss to thea txiangles�,amd CI
are i:enced 't ,, po a
to,
the
Senior Planner i will dc? no. good.,
Don Schmeiser i!
walkways to each triangle pointed out the 10' ea;,ements;for
with the developer, g and exp];ain'e3 prev-3-
With discusnts: '
the sanitary Councilman Faster asked whether',
ger stated sewer problems had been i�:oned out, or nail
that they had not. Council discussed theiedevel;oper's 'I
proposal to enlarge the B, y galla_
ground. D•I• sewer to take care of _
mine what the requiredlcapacman it Selzer
asked that the Staff deter-
the subdivision could not be ay might ire. The Mayor notedithat
arrangements are feasible. pPr°ped until agreement that
was no way to determine what The City Manager commented sewer li
what staff is loekin maximum, development mi t that,there�;
available to B, g at is the absolutis figure that be
` but
B.D.I. would ,be I,
The observation was made that the triangles, about .T of an
acre each, were useless
Parks and Recreation land for the devIeloper. Chai.m�an bi
specific Commission Tom Cil'
commented that a
agreement should be made concer'k c
In answer to the Mayor's re nest
4 all five -.triangles,
City Manager stated that the 40'' for
hls'recommendation, the
and the pocket parks would be p• was desirable for a biike path
O.K. Coat for asphalt eras I�
i
Council %SMISBion
Page 6 October 4p 1976
discussed, and'. it was suggested thpvj,recycled asphalt` could,,
be: used:: The,
Manager stated that ;he saw a consl.nsus 'foX
a 40' easement, but not for the. triang],es'. The. Mayor suggRs-
that,the matter be •referred.rboa iate wi th�for aebicy"cle:peth
a recommendation on ,the. app p this information.ta Coundil
Kraft advised that .he would bring
on Tuesday.
PARKING ON, P,RIVATE_:PROPERTY
catllmo from,
Police chief Harvey Miller
1cushn red Asta.result ofention tohth eopiniion
Assistant Attorney y ower,, 'he had stopped :the.tid` et
-
that cities do not have this p ro erty. Rev.
ing of unauthorized vehicles parking on private P rty- Chris
Wingate, Gloria De:
efor theran rdiscixsscI4 and ion. Welsh
o S&kvO"n
tian Church, were p wigs exposing :those;, using :the
was trade that the present policy Lon.j�of past,and pteseni.Bpoli-
law to,retrib.utioh. After di"scuA toriiey *Hayek. to drbft,, . e.,
cies, the_ Council directed City arlc in
strongest
pri-
strongest law'possible to control xinauthdrized p
vate property,
it was moved,by Foster and seconded b;yntmentttoothei1Cgva ttee
executive session to disoaurollhcallpBalmer,, deProsses Fas;ter,:
on CommunityiNeeds: upon n' e"..I Matigp,
Neuhaus,er., Perretq; Selzer, and Vev:era, voted ay
carried., 7,/01 .4:55 P. -M.
Tape recorded .on Reel 432
r.
b
ro
I
j.
i
i
I
i.
I.
I
i�
i
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0 •
INFORMAL COUNCIL DISCUSSION
SEPTEMBER 27, 1976
1,:30 P.M.
INFORMAL -COUNCIL DISCUSSION:
Conference Room, Ma or OI
!,,p.
27; 1976, 1;30
Y uhauser,presidinq, !,p,M•'•
COUNCILMEMBERS PRESENT:
Perrot, Foster,. Absent: der, Selzer, Vevesa, Balnery-
d'eProsse
STAFFMEMBERS PRESENT:
Schreiber Ragland Morgan (Acting City Manages).; Stolfn y I'
AGEN_�zSCUSS,1
it
Councilman Balmer asked what the other merchants
had for underground vaults,
conditions Co.cernin Council discussed neat Seifert'_;
block, There was g this pr.ivate,alle invtesticjat nq,
ney look a consensus oP Y in the middl;e.,o;E,the
into the question. Couiici�l to have t'he .,City 'Attox�
Mayor Neuhauser•out
Procedure the
setting lofepublicthearinhe ltIon to the coinsent. alen-
Out on Planninghearings,. Council questioned the i;
Was suet was on the agendaZo Zoning
recommendations and sor 1
ggested; puttin format which would'
following.as.part thehaction fir,gt with the 'oththerlea:i
more pcblicit t of comment- mist
da a y'' 'they will be ,the; rO give the .publiic thea
and the: Mayor will announce 'last items on .the consent,
each anew;
Conce01' striCj tem 5,•Penlspace
,ba� Council discussed who would.
the: <4'o p o.E o
Village -Green South P ce. along the ras'lroaw
map: Outlinin Preliminary plat• trac}a,.
August .19th g the triangular pieces., The Mayor' Yec�ue
the third chan a In "the .staff' Xrepc
ment,, The 'Mayor asked for g is listed to inch aide
a's:
Of Preliminary plat a a full ;explanation t
1''
trial
ngs
agen,I;
the
a
statios PP ications.,.ihcluclin a Monday, meeting
before Council. is asked -tci a 4 Previsions, for;
Vision-, should be f' approve, the. lMft
ence both ca ?gured.out so: that the,:- Plat' Pr'o
Possibl n. see the e�Cglanatdons made, Council and the.audi-
y using the overhead at. the if 4' meetings,
Projector.,,
Councilman Selzer asked
his "nof' vote on Councilman Balmer
Private Club the amendment for an explanatiQiY of
Li uor Counc' Ordinance concerning the
he: would .ex q yicenses,
plain :at the :formal i,lman Balmer advised that
meeting:.
Councilman .Selzer requested.'that
ing: the Personnel:Rules 'and. Regulations
;, the
Manager Candy Resolution,
Morgan-advised that the, Manual, -Acting- City
Payment of Overtime should ami=ndment relay
Standards save the. cit 1, mons �ng. to tl
Act does: not cover'
municipal Y+ The will comply with, the union :contracts, Fair •Laligr
gaveznments; This- p8,7Licy
S}ie noted that Ehe eii 10yee
a
Page 2
Council Discussion
September 27, 106
will have a preference of compensatory time or pq;ment
overtime, and more flexibility in tajci-hg compTor
, .time
department head will have the ultimate decision, i'
,but the
Councilman Vevera advised I
dents will be that the Dewe Street are
presenting a petition $ a Yes,-
ing on one side of the si:reet._ to Council to i I
both sides, there is not room for ahfireherucksto. removelpark-
Pa�;k•1hg :oh
Councilman Vev het though,
road era also pointed out that the Rock Ss!latid _A41-1
has not moved the signal from Iowa Cit
He also commented that he had ,�
Avenue Y to CofialvilIe,
cross, waited �,Or.trains at the,Fi+
g.in Iowa.City for a.tol:al of 33 �kst-'
day. 'Ing
suggested os minutes oris ;Saturn"
AttorneY• 'The costs to .move the signal
action.b Y
Cil then discussed signalizatthe timetable Y 'the,Ci:,t
Will be, $16;.000, Coun=
Hwys, 6-218-1 intersection; Keokuk B for, problems.a:t:
QapitaL Improvements wi11 be discussedadurinndlRivei,ide B'
/„enton,
UNIVBRSITY 4 budgeq meetings, li
HE ,GF TS :CONTRAC,T
Mayor Fritz Staab; Couric'
Good; and Rhodes xlmembers .ter Haar,,; -.Breesee :Stebhins; .
cussion, of and -City Clerk Rncawler [Sere ,Present dor,
Ma or the contract fox services far Uni dis-
Y Neuhauser commented Vexsit. ;
cil had re t that as the U'ni,versi y Hei ht hCGun=
and as requested
sat I°wa City staffinembers not be
Iowa ..Ci,t
would b _ a City -Manage: foi^m present,
e inapproP.r ate, to of .goverriinent; it l
Councilman Bree,s d'isc.uss,negotiations witho); staff.,,
previous act.' e 'gave a short ,histofy .of their version of ;
ion's„ .and announced, that thi_y were
PZPPOSal ,presente;d. on May 27, .197.6.- He rescind' : ` x
Iowa. City sta cbmmente g thea
ff had :hot informed Council, that the Dep rtmee,
to Environmental ,qua+lit- .had ,advised. Iiia t Iowa Cit
terminate the 'University Heights 'sewer contract,
sewer rates qo, oiul'd. net
Neuhauser Ye. uld not be charged UniVer's''t'. and dqub'led;'I
allegations plied that Iowa City HeightS. :Mayo�1.
When the Y tpr,Councilwould not di.;cuss. .I
UP the sewer staff was 'n'ot pr,'' and would �nqt .'-
cussed., Problem unless the whole service contracttae-
was dis-
Councilman
:Breese ,commented that ,Uni+ve , „
rate community, the same ,as other, rsityt -s w
City services coinrnunities ghts. was° a Io*
and would pay the fair value forhthe seivicesTa
they need,:, ontp. malr, Foster .pointed :ou ;that University,
posalssfos cont}guqus� They have,contemp'lated soiicitin ,
r services; ,needed from othe> s.ou;pce;s:; Coutt
V.eyera stated t 9 pro'`
members, k[at .although .he :and other. Towa , ca- an, ,
Sympathized with. Universi't , C�tY council,-
n'ot vote for allowing.Univers,it Y Rei h.-. { ld
the Iowa Cit g' s' view,'. he .woui
y residents did Y Iiea,gh,ts. to, .Pick-servic'es,.: as.;
x not have that choice, Mayo
Page 3
Council Discussion
September Z7, 197,!6
Neuhauser agreed, adding that this was the unanimous vieint of
Iowa City's Councilmembers. she-suggest'ed'. that Universi'iy
Heights provide the services themselves, contract elsewhere,
he contract with Iowa City: Councilman Breese advised tn'at
he was Speaking as a cohsensus of h:i_s Cgixncil.
Councilman 'Stebbins called attention to"figures as 'Presented 1'
by staff. Mayor Staab noted a disagreement on the �idount;I "
figured for property tax. On the $14;304,000,, the assessed
valuation of Oniversi•ty Heights "p,r6per,ty�' they calcasses
9115,188' potential tax instead of ;153',"907. The obsezvatzan
was made that Road 'Use Tax -received does' cover;1 1 street'
maintenance. Councilman Stebbins stated that they Rant to''
remain independent so that they Will have control' of "stree;ts
and 'zoning. Councilman Good advised'�that'the majoti;ty of ;the
citizens' df University Heights who, have' talked' to t'h" `Cotitlg
members want to -remain independent: To elaborate on; the treason-
ing why they did not want to become a part of Yowa" City; Gnun-
cilman Stebbins called attention to objections to
widening of Melrose' Avenue suggestingPzpposed
lessen ithat a ibuY lane would
property, values; and sugges"ting .the possibility of -a �
commercial strip: Also there was a fear that mores3,ewa'1F
Would be required: Councilman ter Haar; noted a steal3y erosion
of commUfi-ity autonomy. Safeguards liui t- h within gavernm nt
organizations to'proteot citizens were discussed. Tir Haar"
expressed concern that traffic from high density areas mi tit,
be routed through Learner Court, olive Court aiid'Marietta'
Pveniie '(which streets now deadend at t;he'Neuzil tracta, tfirough
ex West Benton Street. This would threaten Oniver's'l-( '*eights!
existence as a residential area..
In answer to the question whether or, not Iowa City was inter=
ested in preparing quotations for individual services, Mayor
Neuhauser advised that'Towa City Ovas riot interested n'
viding individual services. Councili�ian §tebbinI cb i. Pro"
that Iowa Ci y''s' administrative costs were excessive enCoundil-
man Breese suggested that they could bujv refuse'coTTect%on
cheaper elsewhere. Councilman vevera 'replied that ily''Univet-'
sity Heights could get the four services cheaper' s6teiW'iere,'
else, it was their obligation to do that: for their citizens
ii
Concerning further' contract negbtiations;r'Councillman
volunteered" to"meet' with the Uhiv6tsity'Heights'fina
hers and the Iowa City City Manager to•go over the fi
identify the problems and clarify certain points. C,
Breese stated that it wa's fiscally impo's'sible to; pay,
share!'; as- defined in 'Iowa Cityt;s ,do'cumehts' A meetii
be scheduled: as discussed."
The Mayor declared a short recess,.
mere
0
Page 4
"EVISED. APPIRMATIVE A
�'"10N P�:RQGRAM
Council
Septemb .. Discussion
er 27, 1976
,�ctlng
qitY Manage
the sep- r Candy Morgan explained th
le tember,.��th
tter received f - - . Packet, and e
P'49q agreement W from W' and. Called at mi-2terl,
Lorenz, 4en-�,, sent,
been r'CR, ill not, be o �04 to, the
received. b cl. Whi
ped, stand: that the
oq#
until the,133t. -'
Mayor Ne'uhau .,hao
er Af firn
und . .1 11 1 ser Pointed out th& ailUerencep
ch i . I i4tive Action
tro9SIP9 the "bes4iv �pd_EBod and in 4eqru'tj
41nablp) qualified quePtione
fi• Morgan led, or the 0m*j,
P
,O -rePlied 0 are
� thAt I a
�j% a each time ow it
S
1 1. (or
f.
quota H 'F r and statedat.
a, s er J unctioe
don setvicep th n p s - a no
f- W
on to hlre�# e. departme torap, , 0 e view deasn�l
9 Ically t : I ec
he C., Mana vi, e
Councilman s er vincii 44aki` ppr.e�
0
Plzer call
ri
Of the agree . called, attention required
and, questioned ' , Ion
-requIred tto ,item
were Q, -2.F. on
Morgan advis., - 0 Work uhd Whether the bar on -the 4:th pag I
also eJ7 the Af..fi�m, gaa;ni
ques,tioed that labor u atIve Act. -'-ng units
unions, are- lonj
Page 5, ie4aPql� concern covered
Ing Item, 2 b -�ft CQ
� -
would -do 'to f0449 train 49tion�' Selze�,
plied th ,trainee -;Level under
led that s e Productivity Positions what.
he d, ity of 6u.�. at, th. St r, nits' on
Rights S 7 10 not think
cl - j-PPCIalis t Ion. 01 :g? Vq .
t Linda I , wouW bur, Produc 10
Ion - Ragland -,14V - - -, -t ge�
Councilman A— .-In the P IsOd that p �, 0- - -, i�
Selter --aY Scale to tar ere
e e 0- s 40i job
M even On a minim at ca
Progra suggested th these a
pay pl � �, tl'i�eCite
; q 0
an. al scale, QitY Was P..Ations
I going n
it ought to be part O11t0 the
C a
oppqilman p 4' the'
12 Q-9tq;7 questioned it Iowa
standards as 1.
-Is ed iA the city compl.
P Nor �eder I led with
meoi�ilt- 944 noted' cc al Acts� und'
Iowa Cit MP-11an,
(.1 a y ce to th( 9r Item #2,Qi'
s more str- best of their
ffectiona
Cal af�,llatl e:ss-
Preference',. (2gant .in, the fq;.- W-1 I lowing "re -ass,,, I I
) maritao status, spects,
Councilman Seize 4
444 01 POA
me4t, poli ler )�
It suggested substit
Morals Policy �StAt;qment,, on p uting words
;if,;(E;d Pe,rsincage in the Reczli
Morgan ,04�, inUdi
and tso that lt W I
Ragland 'ag 'e 9, m1norit,
�re d _Y�""4 9R, d� rq�jd
ppla Atq,
Councilman Bal .4,
. r .11 ex
mentioned _n, ressed concern aver DevelOPment an a e I U110 job 17es L �ruc
1h
c anging of the jrOmO ion, and . er ActiLQ4, Element-, .�turrinlg I
o na ca 14�4, atf..
Department. .1 me and I to t - : Ing
Was a resulMoran qualifl . reqeA'
t Ise t PatIons i
* Pressure t some, Of . the. n the Flnance
restructm,
There were se
rin
several issues , Ot er supe4v'SorY employes;-:
d itWas ar much
more complicated!
Page 5
Council Discussion
September 27;
situation !'
tive Act-
the traditional questions
been. Ragland exPlained'tfiat severalolved with,Af'<i
Teft;out of the section march II,
Policy on Paragraphs had'
Employment of Disabled V`+ A£firinative
Vietnam -Era., e,terans Action
and Veteran's �of the
Councilman Balmer asked for an
Action Element 2:d. Morgan ex explanation of ,B,_:
to take input from Pl,ained that they u�eieritment,!,
cialists on Jroups who hold' themselves out be,'
Action women an$ iniaorities sugh u' to _
Center; as the Women -!'s Pe
Resou.Cce
Councilman Selzer questioned:
Of the Iowa. Em to how much-qse the Cif" ',!I
take advautagepofythelrService-
and suggested is making
noted .that services that the City
all jobs o as as possib. �I
them; they send over pened up to the publi.6 are 1�°rgaii
time. They ate also apsou"rcetofand'do.some screening as i
Pointed out that standards for screeiiPnrar of
are.posted to em Y •help,i It Was''
whether or P1°pees first,bung can be set,,andijobs
not the C' Ccilman Foster
Job Service for qty woulfl eliminate an lluestgned:
be eliminated, Interviews, Morgan advised na P6, In?
byi!u"sing
positions::would
To add to:
nd
sioriezgSalliRn luneedetoMiiegan noted cdrrectedthat certail Parsgniiail Xule
Y Smith pointed out that Human Relatois: Cginniis,'i,
helPed write' the revised g one of the
keeping on td Pro'ram and com 1' COmmissioiies,hadi
top of
a'11 of these things,, P invented t.4e staff for
'URBAN REI=AL
l
Councilman Selzer asked
concerning the 1/2 blockfat clarification of the
Mayor Neuhauser north ofi Burlin street m?P'
Ian d added that this was ll exchanSt. bubu
under a contractural agreement on, qyh#St„
added, There g for Plaza'Centre i;
were no Council objections,a rewarding.,shou'l'd be I'
Redevelopment Program Coordinator !!
street closures are those
shown Pe�ul 'claves a
exceptrson of t wn in red ,on the Plane d .tba•� the j
College he 1/2' block on,:Dubu , with the
ge 'St., between, Clinton and' Lirglne •nort'h of Burl,ir---u- with
Point. The street ,closures, in `-naifring' q"en
the EIS which was tested 'in the, Plan- - P , ,at tH'i
lege between Court, are those ndluded,14kn
Linn, and Dubuque,p'.1':us the two blocks
between the two and Clinton o Cal,
Gilman Perret Plus signs on the ma restrict " and •sdu'tk�
Madison questioned if Washin P, but d•r Cou}i-
was restricted, gton St, from"Clintgn C
Glaves pointed out that he andi!
Attorney Hayek if it was his opinionlli had
specificathe Environ
Y asked
mental
I,
0
Page.6
LJ
Council DiscusSiO4
September 27, 1976
Impact Statement w4q,,writte
or. the A to cover Q1,d C.apit
1 0 196,9 pUri!" Which was in .effect,. - ol!,q" prqpbsea
proppeal'WAS presumed to comply. t" to 'which Q!d Capitol's
with, Hayek stated that
the time it was written, both documei' I
I , , at
Zuchelli specifically asked whether Its were well
if the City,de, r or not if that meant that
st parted from the development
tsc�!PMer �(park
street closures-F,arran
gement of land,_qspsy,
reqqir,e an amendment would
n t to, the t.j8. that i
,ot.,,b believe So. The d
e be
I - ocument. ta.l)-,s "b
e project 1 -1 1 . ,about, tlklq- imp4c. overall
area, even in the areabd overall
11 -1 —
t imparts;
beyond., He ��iptej
that the current reading on the envir _out
is, that you majce.a level of 61 6nment
clearance al review Pt9podures
an •i,�IS is required; nce, -finding, (whet
the ,her 0�1 -Act
.9r A limited r� -
ev4
project Xp,exempt)- HUD - wrote, LPW L r
was doing the p � thb, EIS,;
11 project no
writing an EIS. now; thp city �ff,b.u,4 be,
I � As, of no
with . w:1 Our ;leyel 0'
HUD, is that the ESS f Pie,
EIS is requiredr.' hit
6As b�eakn, c6mj�leted
As the City
Pp. decision:
project, it Will have, to examine t
One exception ther Ile environs
e -are no environmental iml
If the City buys HUD out, it is clear under t
regulations that the City w
might not have to Ma
have to amend it with
Procedure Staff �nten _ a PUPPZqment.� He
ds to follow .011ow is that they
decision P4 environmental rev* b
-sion point. if IPW efore they Come
the any council decisi'
environmental impact Of
e project, and 4
view will have to be written and notice publ I ii
view has been completed, a 4
filed as -a supplement5-day pr6c4ss. Il
.._5 Wil . I be
to the existingClosure e theIS DE
end Of 0Qtqbq;rg1
GlAvPP, Pointed that to judge the :environmental
the street closure VIxonmental
impact df
in the EIS: to, use the, 14ng1;4g, f
(1) minimize through from A.�tqrn*tive
,gesti nj and (3,) ,construct ough traffic 2) eliminate 1. -$1
on.strupt a .man-,bujit Ate c6h-
areaj
It was moved by ]FOster and sqcqnded
-executive sP-sPi9Afora,
)'WleverI a to ad,
j
Qu�tn r
tio:Yout. Board. pp6intmentto, thf United Actioj fo
evVPon roll- :call, Balmer.,;. Zodtterr Neuhausda, Pei
yet, Vavoted 4YP.%;d >rq se 41;qq4t. Motion caxnt
Meeting
adjourned.. 405 P.m.
Tape recorded on Reel #31
MINUTES
IOWA CITY HOUSING COMMISSION
SEPTEMBER 15, 1976
PUBLIC WORKS CONFERENCE ROOM
MEMBERS PRESENT: Branson, Bouschlicker, Fountain, Kamath,
Hibbs, Lombardi
MEMBERS ABSENT: Retish
CITY STAFF PRESENT: Seydel, Burke, Rodgers
RECOMMENDATIONS TO CITY COUNCIL: None
SUMMARY OF DISCUSSION:
1. Chairperson, Fredine Branson, called the meeting to
order.
2. It was moved by Lombardi and seconded by Fountain to
approve the minutes of September 8, 1976. Motion
passed.
3. Five Section 8 applications were submitted and
4. The Housing Commission continued their review of the l
Housing Maintenance and Occupancy Code. The following
subparagraphs were discussed and changed accordingly:.
a. Chapter 9.30.9A,108 Window Area - The words
"or in conformity with the Uniform Building Code for
energy conservation measures." are to be added.
b. Chapter 9.30.9.K Screens - The words "used for
ventilation" to be inserted.
C. Chapter 9.30.9L Storm Doors and Windows - Add these
words to the end of subparagraph, "except yrhere some
similar device providing protection against the cold
is used, such as thermopane glass."
d. Chapter 9.30.11.D Fireproof and Sanitary Materials
Specify which state law is referred to.
e. Chapter 9.30.11.0 Accessory Structures - Change
Minimum Housing Standards to Housing Maintenance and
Occupancy Code.
f. Chapter 9.30.11.11 EXC<lvations - This spbparagraph
may be limited to cisterns and wells only. i;
g. Chapter 9.30,12.E Linen and Drapes - portion of
subparagraph referring to bed linen and toq?els, is to
be excluded.
0 9
Page 2
Housing Commission Minutes
September 15, 1976
5. NEXT MEETING - SEPTEMBER 22, 1976
PUBLIC WORKS CONFERENCE ROOM
Topic - Continue review of
Housing Maintenance and
Occupancy Code.
p
0 0
Minutes
i'
Civil Service Commission
Entry Level Examinations for Fire Marshal
RECOMMENDATIONS TO THE CITY COUNCIL:
That the October 8, 1976 list of four (4) names be accepted
as candidates eligible for Fire Marshal. h
SUMMARY OF RELEVANT EVENTS:
August 10, 1976 - The Civil Service Commission instructed
Chief Robert Keating to contact Iowa State University at
Ames and arrange for the written examination for the position
of Fire Marshal.
September 21, 1916 - Iowa State University gave the written
examination for Fire Marshal.
■
SeOctoberry7, 1976 - Oral interviews were conducted by the Civil '
ice Commission and the list certified. I'
RESOLUTION NO. 76-379
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLT-}i rM
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approve or the following named person or
persons at the following described location:
Richard Jack Bartholomew dba/Bart's Place, 826 C. Clinton
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by � and seconded by p
that the Resolution as rea 5e adopted, and upon ro . aiT
there were:
AYES: NAYS: ABSENT:
Balmer
deProsse x
Foster
Neuhauser x
Perret x
Selzer x
Vevera x
x
x
Passed and approved this 19th day of October , '19 76.,
0 •
RESOLUTION N0. 76-33(1
$RSOLUTION TO ISSUE CIOABME PERMITS
WHEREAS, the following firms and persons have made application, filed the:
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CPIY, ICWA, that the applications
be granted and the cigarette bond now on file in the office of the City ClerkJbe
and the same are hereby approved, and the City Clark be and he is hereby dinec,.ted
to issue a permit to toil cigarette papers and cigarettes to the follauing noted
persons and firms:
Towncrest D -X, 2611 Muscatine Ave.
Valentino's, 115 E. College St.
It was moved by Selzer and seconded by Perret
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
Selzer X
Vevera X
Passed this 19th day of October 19 76
C'1
UCT 1
sUIE .STOLE- Us
CITY CLERK
•
til_UMVEU OCT 1 3 1375
t
0
0
s n
&Oeml f /f�"� r C�wC C:NiER 47a 3T:N Sr .I
Ve1(p/r// �✓
Ci] TSJ (/
POLICE DEPARTMENT l
October 22, 1976
Ms. Grace Knox;
P. 0. Box # 721
Iowa City, Iowa 52240
Dear Ms. Knox:
Your letter of October 11, 1976 to the City Council
in regard to parking across sidewalks has been referred
to me for response. I can
walks and crosswalks assure you that blocking side-
ing to these prohiis illegal and the ordinances.relat-
they bit' are
come to our attention. rigorously enforced When
Police service for this n
of violation is rather, quickly furnished.type
Obviously, a police officer on patrol does nota nor
cannot be cognizant le every violatian that occurs on every
block in the many miles of streets he/she may patrol.
There are a substantial number of matters and incidents
including parking violations that he/she must be watch-
ful for. However, we can and will take appropriate rce-
ment action when violations enfe
are observed or reported to U.rc
Any time you observe a or -os
swa.ik or sidewalk blocked
an a parked car, please call 354-1800, report the v:Lolation
and the approximate location and as quickly as a police
Off -leer is available, one will be dispatched to the scene.
In closing, I might add that it would be of great
assistance to us if you would .include your street address
on any future written communication, T would be of
consider -able value to us in advising; the patrol force to
be especially watchful for violations he your block and
neighborhood.
Please be assured of the Police Department's complete
cooperation in all matters of mutual interest.
Sincerely, �� ,Q
HARVEY D, A,ILLER
Police Chief
t 9/
0
1;1976
:1231 Sierra Drive, n
Cedar Rapids, Iowa 52402
October 9, 1976
Ms. Mary Neuhauser
Mayor, Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Ms Neuhauserr
Issued
letter is in regard to parking ticket;V 110987 that was
issued to me on 10-7-76 in Iowa City.
Although your traffic department claims that the mater c
after I complained about the tickclai want to let that I have three wii;nesses tet I
hocked out
money in that meter to cover that saw me You know
Hit -- the time that I more than enough
Y they remember distinctly because one o:fwthem be Iowa
for me from a 50d coin.
ould
Wade change
Since your traffic department has not 1»en able to admit that
they made an honest mistake I will naturally le the fi e
friends and I want to let you know that this
us to vow that for n , but my
Iowa Cit the next twelve months we will nous caused
City were overhent or restaurant. Since my purchases irai Ionize any
type of action form last take.I feel that this is an appropriate
ma to
I will no longer haee pleasant things
about Iowa City. to tell my intends
Yours truly,
Elizabeth C. Donnan
7
0CTI413F 00
76
A8131E STOLEU?
CITY CLEE?K
P016
0
October 14, 1976
Ma. Elizabeth C. Donnan
1231 Sierra Drive, N.E.
Cedar Rapids, Iowa 52402
Dear bis. Donnan:
C�
I am very sorry that you received a parking ticket on your last trip
to Iowa.City. Many people have had the unfortunate experience of ztceivins,
parking tickets for neter violations, myself included. I would Wbo, to
suggest the next time you shop in Iowa City that; you use the attended munci-
pal parking lot on College Street. It is very convenient for shoppers
because the attended lot eliminates the need to "feed the meters."
I sincerely hope that you will visit Iowa City sometime in the very near
futures.
Sincerely,
Mary C. Neuhauser
Mayor
is
WILLIAM L. MEARDON
WILLIAM F.SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D. MCCARRAGHER
THOMAS J.CILEK
MARK T. HAMER
THOMAS D. HODART
M.MARGARET LAINSON
•
AEIVED OCT 3 1,%FE
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
City Council
City of Iowa City
City Administration Bldg.
Iowa City, Iowa 52240
Ladies and Gentlemen:
100 SOUTH LINN STREET
IOWA CITY, IOWA 52240
October 6, 1976
TELEPHONE
338.9222
AREA COOS 319,
FII L
OCT 111976
ABBIF STO;L.FUS j
CITY CLERK
I represent Bon Aire Mobile Home Court and my client has brought
to me an Application prepared by the City for a license or permit. In short,
the applicant is being required to sign an agreement that agents and em-
ployees of the City, as well as all law enforcement officers, shall have
the right to enter, examine, inspect and search the premises without a
search warrant during the 24 hours of any day, as well as seizing evidence
or photographing items. This is extremely broad and in my opinion con-
stitutes a completely invalid requirement.
I have been informed that this language is appropriate by virtue
of the requirements of Section 9.54.4(A)(6). For your convenience, I have
attached a copy of this particular section indicating that as a condition
for issuance of the license the applicant must give consent for the
inspector to enter upon the premises of the park without a warrant to
inspect for conformance to the applicable provisions. The language
of your Application goes far beyond the purpose of your Ordinance. I
regard the purpose of the Ordinance as being absolutely valid, but
request that the language of the Application be immediately changed to
comply with the Ordinance and be specifically limited to the persons,
and purpose intended. The present wording of the Application is dis-
criminatory and violative of the constitutional rights of the applicant.
I have advised my client not to sign this Application and I request
your immediate consideration of this matter.
Very truly yo4r%1,
M araonl�C/.-
W LM/s c
Encl.
9.54.2-9.54.4
fl. N1O1311.1i I IOMIi SPAC13, A plot of ground within a mobile home
Park designed for the accomodation of one mobile home.
f. PARK. A mobile homu park.
J. PERMITTEE Any person to whom a permit is issued to maintain
or operate it mobile home park under the provisions of this ordinance.
K. PERSON. Any natural individual, firm, trust, partnership, associ-
ation or corporation.
9.54.2 License and Temporary Permit "
A. REQUIREMENTS. It shall be unlawful for any person to maintain
or operate a mohilc horn; park within the limits of Iowa City, Iowa, unless
such person 01.111 fist obtain a license therefor., except that the maintenance
or operation or mobi!c home park in existence on September 20, 1965
0be continued undtr a permit for such period of time and under such
ditions as are hereinafter prescribed,
B. ISSUANCE. A permit, upon written request therefore, shall be is-
sued by the City Clerk for every mobile home park in existence upon the
effective date of this ordinance, permitting the park to be maintained and
operated during the period ending one year after September 30, 1965, with
out being subject to certain provisions of this Chapter which are herein-
after expressly stated to be inapplicable to existing mobile home parks.
C. DURATION OF PERMIT. The term of the permit shall be ex-
tended, upon written request, for not to exceed one additional period of one
year, if (I ) the Permittee shall have filed application for a license in conform-
ity with section 9 54 4 of this Chapter within 90 days after September 30,
1965, (2) the permittee is of good moral character, and the park plans and
specifications accompanying the application for license comply with all pro-
visions of this ordinance and all other applicable ordinances and statutes,
3) the permittee shall have diligently endeavored to make the existing park
Worm fully to the plans and specifications submitted with the application,
failure to make the existing park conform fully to such pinns and speci-
fications shall have been due to causes beyond the control of the permittee.
9.54.3 License Fees and Permit Fees
A. ANNUAL FEE. The annual license fee or permit fee for each
mobile home park shall be $15.00.
B. TRANSFER FEE. The fee for transfer of a license or permit shall
be $5.00,
9.54,4 Application for License
A. APPLICATION FOR INITIAL LICENSE. Application for initial
mobile home park license shall be filed with the City Clerk. The application
shall be in writing, signed by the applicant and shall include the following:
i. The name and address of the applicant;
2 'flee location read legal description of the mobile atonic park.
3. A complete pQaa of the, park in coif ,�rmity with: tlhe requirement
of section 1 of this Chapter where applicable;
4. Plans and specificaGons,.of all b uIta imp,004Pnts and facil
ides constructed or to be constnacted within t 11mbbi a homer park.
S. Such further information as may bf.>111I1 requested ,by+the (Sty Clerks
to enable it to determine if the proposed park i 11 compfy with legal require.
merits.
�j 6. Asa furtherhondition l lir issuance,' _a'license. lNllapp]icaat,musil
give consentforthe.insprctoI fitrrupon.th ;es:gQ41c,Palk Withait;i
a warrant to inspect for i onfoIr
rmande to the a 'ble,; 'I.' sjpau.
The application ;tad all ac cmnipanying� lens aud,spet ifications shall
be filed, in triplicate, The City Clerk shall int 6gaterthetappicant and ia,
spect the application and'', the proposed plans a' _ s cificat�pGls, I€ theappl!;
cant is of good moral character, in I the pr I I et�mob Dl ' . me pari; wit
when constructed or altcred.i4 accordance witFj'13iiucl; pars hncl;specificatitms„
be in compliance with all provisions of this; Cep et and all giher applicablel
79 ordinances and statutes, tile. City Clerk shall, a�prove OP application, andj
upon completion of the park according to the ,fi_Jamsjshall i'ssuetthe licensc;
B. APPLICATION'FOR RENI;wAh Lll ENSE Upoaq npplication 'al
"fall writing by a licensee for renew al;.(it a license �d upon pat}.lent of tate an
null license fee, the City (Clerk shah{ issue a ce� }ficate!ienevting such license,
for another year.
-� C. APPLICATION FOR TRANSFER Cjlil LICENSE.' Upon app'rica
tion in writing for traasfG'r of a ficGnse and pa�inea t of the trnnsierfee, the.
City Clerk. shall issue a thmsfer if the transferr,glHs,of goodmupral character,
51
f�9 .54.5 Location JII
A, MOBILE HOME PARK, LOCATIO i' A mobile Htc me park may
be located in any district: as provided by the z Rina oi�d n utq _ Where any
Tl boundary of a park directly abuts property w�i�ch is impX6,v 3 with a, per-
manent residential building Iocated within 25 iy' et of such; boundary or di-
rectly abuts unimproved property ;vh. ch may '!(et
existiozhiNNs and rega -
talions be used for permaOcat resfdeittiaI consti tion, a feam, wall or hedge
shall be provided along such boundary, ;l
_M
_1
"P?
9.54.6 Mobile Home; Park Flan. The t
form to the following requirements;
A. DRAINAGE. The park shall be lot
Properly graded to insure rapid drghiage, and
water.
B. SPACE REQUIREMEM'.. Each pal
spaces, and each space shad be cleatIy defined.
ual ;apacq shall have an area or, not.less than 3
of not less than 30 feet, r(pd the total area will
thaq; 3,OQ0 square'feet per;�pacc
home ;p;Irk shall con-
om a wellWrained site,
;from OP'14'ant pools of :.
hall provi'kim. obile ho=
dglinGatedi, ii=ach individ-
'square `iecjj and a width:
Ob phrk;shalll not.bG less
i
,t
0 !
, COMMEIICE-; 2. CIVIC CENTER 410 E WAEHIryZTJN Sr.
i�j�I�I� IOWA CITY. IOWA 52=,
C ( 319JSa.1800
'I.� ChY 'per•
tw,G'f oia� ,
October 8, 1976
TO: THE HONORABLE MAYOR AND THE CITY COUNCIL
RE: CIVIL SERVICE ENTRANCE EXAMINATION - FIRE MARSHAL
We, the undersigned members of the Civil Service Commission
of Iowa City, Iowa, do hereby certify the following named
persons in the order of their standing as eligible for the
position of Fire Marshal in the Iowa City Fire Department as
a result of examinations given September 21, 1976 and interviews
conducted October 7, 1976.
Lawrence Kinney
Arthur C. Kloos
Ronald Whittaker
Leslie Nicola
Iowa City Civil Servide Commission
William G. Nusser
Wy ona Hubbard
I
1,fd�aar,
Jae lvzc erson ! '
ATTEST:
Abbi—'e Stolfus, C ty Clerk is
6
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0 CVICCE ER.410EW45MR1G sr
od' Kd:r
i Iy VWW [jIOWA CIIV. IOWA 522aC
i 31¢454.1800
■
•IOIM.ORT, 1011N•
a.:ba]na
NOTICE
THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINIMENT TO
THE FOLLOWING BOARD:
i;
BOARD OF APPEALS
One vacancy - Unexpired Term
October 19, 1976 - December 31, 1976
It is the duty of members of the Board of Appeals to hold appeal
hearings on matters concerning minimum housing standards ordinance
and the uniform building code. Members must be qualified by
experience and training to pass upon matters pertaining to building
construction.'
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 October 19, 1976, meeting,of
the City Council at 7:30 P.M. in the Council Chambers. Persons
interested in being considered for this position should contact the
City Clerk, Civic Center, 410 East Washington. Application foims
are available from the Clerk's office upon request.
n ca a,E (a�aiti 2 �i t 7l 7a
0 R; -('Ci /r::D 901 5 1976
MAYOR CITY OF CORALVILLE
R. E. Myers 1512 7th Street
Box 5127
CITY CLERK Coraiville, Iowa 52241
Helen Gaut 319351.1266
Oct. 14, 1976
Honorable Mary Neuhauser
Mayor, City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mayor NeuhaUSE1r:
At its regular meeting October 17., the Coralvilie Council
approved the Mayor's nomination of Mrs. Donna Epley, 1006
19th Avenue, Coralville, to serve on Iowa City Riverfront
Commission.
We are asking that your Council consider her appointment
and,if confirmed, please advise her of her term and
meeting times and other pertinent information.
Yours `truly,
Helen Gaut
City Clerk
By Direction of Council
HG:jc
COUNCIL l
James A. Cole
Harry A. Ehmsen
Michael Kattchee
Julia B. Lyon
Glenn D, Shoemaker
/9
s.
CONTRACT FOR 'TECHNICAL SERVICES ) Y
FOR A CITIZEN PARTICIPATION PROCESS
POR 771E IOWA CITY COMPREHENSIVE PLAN
BY AND L'FTWHFN THE
CITY OF IOWA CrTy, IOWA
AND
SASAKI ASSOCIATES, INC.
I'
T11IS CON'T'RACT, made and entered into as of the�
day of f
1976, by and hetwce❑ the City of Iowa City, Iowa (
-- ��
hereinafter referred to
as "City,,), and Sasaki Associates, Inc,, (hereinafter referred to as the
"Agent")' a corporation incorporated
in the State of Massachusetts.
l
11ITNFS SETH THAT:
WHEREAS, the City, a municipal corporation of the State of Iowa,
acting for the purpose of developing a Comprehensive Plan pursuant to
state and local law; and
WHEREAS, the City wishes to carry out a program: for Citizen Participation
for the development of a Comprehensive Plan (hereinafter referred to as the
"Project"); and
WHEREAS, the City requires the services of an Agent to assist in the
implemontation of such a project; and
WHEREAS, the City desires to engage the Agent to obtain certain
services in connection with the aforementioned subject,
NOW, MEREPORE, the City and the Agent for the consideration and under
the conditions hereinafter set forth, do agree as follows:
�c.F.ioQaeaet
Section 1. GiTloyment of Agent. The City hereby engages the Agent
and the Agent hereby agrees to perform the services herein-
after set forth.
Section 2. Scope of Services. 'Phe Agent shall do, perform and carry'
out the services as specified below in a satisfactory and
proper manner with the understanding that. the City shall
(1) administer, collect and process all survey instruments;
(2) conduct public meetings; (3) provide the Agent with
necessary direction for the development of the survey
instruments; and (4) assist the Agent; in and perform
particular work items within tasks as specified in Section 4.
A. OBJECTIVES
The Agent shall assist the City in developing four (4) main elements
of a citizen participation process. These elements are 1) an awareness
program, 2) a general survey, 3) a sample survey and 4) neighborhood
meetings. It is the purpose of these elements to inform the residents
of Iowa City of the comprehensive plan, its potential and program; and
to invite the residents of the City to participate in a defined process
designed to provide the Planning and Zoning Commission with representative
information regarding the concerns, needs and interests of the residents
of Iowa City.
A summary of the purpose of the four elements of the citizen
participation process follows:
1) The Awareness Program will include material to be developed try the
Agent which will explain the Comprehensive Plan and its valuta to
the City and its residents as well as explanation of the planning
process and the need for citizen involvement of the general public.
-2-
This program would also include the preparation of a slide
program and other subject matter designed to inform Iowa City
residents of the existence and contonts of the planning, process,
2) The Sample Survey will be comprised of a survey instrument
which will be administered to a select group of Iowa City
residents. It is anticipated that this survey will be administered
by a ioimomity organization, proces;cd by the City and subsequently
analyzed by the Agent. This survey will utilize a multi -variate
analysis technique and will be designed to reflect the interests,
concerns and needs of local residents. The information from this
survey will be designed to be readily assimilated by the comprehensive '!
planning process.
3) The Ccneral Survey will be prepared for either direct mail or
newspaper distribution. It will provide an opportunity for every
Iowa City resident to comment on the needs of the community and on
the desired direction of future growth. The questions for this
phase of the study will be derived from the responses from the
sample survey.
I
4) The Neighborhood Meetings element of the study will focus upon
the preparation of a format for the four neighborhood meetings to
be held by the Comprehensive Plan Coordinating Committee (CPCC). j
The Agent will assist in conducting the first meeting and the
remaining meetings will be held by the CPCC with City Staff
assistance.
D. DETAILED SCOPE OF SERVICES
The Agent shall perform the following tasks in coordination with the
City and following the time schedule set out herein:
it
WEEK OF
AC1iN'f DU'I'iES:
NOVEMBER 1 ;
The Agent shall begin the awareness program by preparing a news release
-3-
0 0
announcing the initiation of the citizen participation process,
The Agent shall begin the preparation of the survey .instruments
by meeting with City staff, the CPCC and community organizations.
CITY DUTIES: F
The City Council shall authorize the City Manager to sign a.contract
with Sasaki Associates, Inc., for the development and implementation
of a citizen participation process. The Planning Staff shall appoint
a full-time planner to the citizen participation work program.and
assist the Agent in the collection of information necessary in the
development of the project.
The CPCC shall meet with the Agent, City Staff, and a community
organization to discuss what information is necessary to develop
useful survey instruments. The City shall issue the first news
release.
WEEKS 01 AGENT DUTIES:
NOVEMBER 8 -
DECEMBER 20 The Agent shall continue the development of the survey instruments,
The Agent shall continue preparation of the awareness program and
provide the City with news releases as appropriate.
CITY DUTIES:
The City shall issue press releases as necessary and provide the
Agent with information necessary to develop the survey instruments.
WEEK OF
DECEMBER 27 AGENT DUTIES:
The Agent will present completed general and sample survey inst;umepts
to the CPCC for their review and approval. The Agent will additionally
present the pre survey awareness program to the CPCC for the review
and approval.
-4-
0 0
CITY DUTIES:
'fhe CPCC will review and authorize the printing of the survey
instruments and the release of the pre -survey awareness program.
The Planning Staff will provide assistance as necessary.
WEEK OF
JANUARY 3, 1977 AGENTUUT[ES:
llie Agent will continue project leadership by developing the format
for the neighborhood ;meetings based upon the information they have
gathered in development of the survey instruments. The Agent will
present the City with an away ness program ready to release to the
news media meeting the objectives set out in Section 2A above.
Additionally, the Agent will instruct the citizen organization which
will carry out the sample survey in the required survey techniques
and control.
CITY DUTIES:
The City will print the general and sample survey or cause theip to
be printed. The City will notify the community organization of' the
sample survey instruction meeting.
WEEK OF
JANUARY 10 AGENT DUTIES:
The Agent will continue preparation of the format of the neighborhood
meetings and present this format to the CPCC.
CITY DUTIES:
The City shall cause the general survey to be distributed and Siti;ate
the sample survey with the participation of the community organization.
The CPCC shall review the meeting format for the neighborhood meetings.,
WEEK OF
JANUARY 17 AGENT DUTIES:
The Agent shall ansist the CPCC in the first: neighborhood meeting,
-5-
aim
0
CITY DUTIES:
46
The Cily shall collect the general survey. The P1
community organization shill assist
the CPCC at the neighborhoodnd
meetings. The CPCC shall conduct the first and second neighborhood
meetings on NOvomber 22 and 23, 1976„ lie community organization
shall continue administration of the sample survey.
WEEKS OF
JANUARY 24 f, AGENT DUTIES:
.JANIZARY 31
Assist the City as necessary.
CITY DUTIES:
The City shall perform quantitative statistical analysis of the
general survey instruments and present the Agent with the general
survey instruments and completed statistics for their analysis,
'the Planning Staff and community organization shall assist at the
neighborhood 0 etings. The CPCC shall conduct the third and final
neighborhood meeting on November 29, and December 1, 1976. The
community organization shall conclude the sample survey and present
the survey instruments to the City.
WFEK OF
FEBRUARY 7 AGENT DUTIES:
Ile Agent shall begin qualitative analysis of the general survey.
CITY DUTIES:
The City shall perform quantitative statistical analysis of the
sample survey instrument and prepare a summary of the neighborhood
meeting and present them to the Agent.
WEEK OF
FEBRUARY 14 AGENT DUTIES:
The Agent shall begin qualitative analysis of the general survey
and analysis of the neighborhood meetings.
-6-
J
CITY Durius:
'Phe City shall assist as necessary.
IWEEK OF AGENT DUTIES:
FEBRUARY 21
Continue work.
CITY DUTIES:
Continue work.
i
{4L•EK OF AGENT DUTIES:
FEBRUARY 28
The Agent shall present a final report to the CPCC which summarizes
the Citizen Participation Process and present analysis of the results
of the surveys and neighborhood meetings and recommendations for a
continuing citizen participation process. This report shall include
a press release summarizing the results of the process.
CITY DUTiEs:
The CPCC shall accept the final report.
WEEK OF AGI;NT DUTIES:
pJARCH 2
Completed.
CITY DUTIES:
Print the final report and issue press release.
Section 3. Materials to -be Provided by the City. In order to assist
the Agent to perform the tasks speci,fled in Section 2 above,
the City shall furnish to the Agent background reports,
memoranda and correspondence as may reasonably be required
by the Agent.
-7-
Section 4. Time of performance. The services of the Agent are to
commence upon execution of the Contract and shall be
completed within twenty (20) weeks from the date of said
execution. Provided further that the City shall have the
right to extend this Contract for such additional time
periods as it may require by so notifying the Agent in
writing not less than thirty (30) days before this
Agreement is terminated pursuant to the terms set forth
herein. The Agent shall not be held responsible for
delays in performance which occur through no fault of
the Agent; and further provided, that any such additional
time periods shall not exceed one (1) month unless mutually
agreed upon.
Section S. Compensation.
A. Compensation for AF;ent's Services
The City shall pay the Agent for performance of the actual
professional time charged at required services in a lump sum fee
of $15,000.00
B. Reimbursement for fixpenses
In addition to the compensation for services above set forth, the
City shall reimburse Agent for travel and subsistence expenses
incurred, in connection with this Contract, outside the City of
Boston, Massachusetts, and for the Agent's Subcontractor,
Washington, D.C. The total reimbursement to be made by the City-
to
ityto Agent for travel and subsistence expenses and for miscellaneous
direct expenses shall not exceed in aggregate the sum of iS,o00_DO .
Agent shall bill the City for reimbursement for 'travel and sub-
sistence expenses and for technical supportive work on a montly basis.
-8-
77
C. 'rotal of Cow�ens:rtlo❑ for Sc
- - - 1- -- rvi- ccs r ::
-- _ nd $oimUurscment
It is expressly agreed and underatoud— -_�
that the total for ce
for Agent's services .in A abovea pvrisation
and reimbursement• for coach air travell'
ground transyort:ttion, and subsistcncc and :related
abodirect expenses in
B, ve, hall not uxcocd in r
bgreg'to the sum of $20,0()0
_0
0.
, f
Section 6
A
R1
'Perms and Conditions. 'i•his agreement is subject to the
following terms and conditions:
Chan es
rhe City at any time, by written notice to the Agent may modify
the scope or quantity of the
Contract. services to be furnished under this
If such changes cause an increase or decrease in the
amount of services to be provided by the Agent or in the time
required for their performance, equitable adjustment shall be
made in the provisions of this Contract for payment to the Agent
for the services or for the time for perfornance of the sert•ices
or for both, and this Contract shall be modified be agreement
Of the parties accordingly.
Porsonm 1 and 11du7Pment
1• The Agent represents that
it has secured or will secure, at its
own expense subject to budget in Section S, all personnel and
equipment required in performing the services under this Contract,
personnel shall not be employees of or have any contractual
relationship with the City. The firm of Attic and Cellar Studios,
Inc., (called the Subcontractor) shall be retained by the Agent
to perform certain consultation, survey develepment, public
awareness,graphics, and analysis tasks within this Contract,
The City shall review and approve the subcontractual agreement
prior to its execution.
C
R
2. All of the services required hereunder will be performed by the
Agent under his supervision. All personnel engaged in the work
shall be fully qualified and shall be authorized or permitted
under law to perform uch services. Stuart 0. Dawsen, Participating
Principal, and Charles R. Studen, Project Manager, shall be
responsible for directing and supervising the work of the Agent
and shall personally represent the Agent in interviews with key
members of the local community and public officials. Attic and
Cellar Studios shall principally be represented by Donald and
Marley Thomas.
3. No person who is serving sentence in a penal or correctional
institution shall be employed or work under this Contract_
llindi gs Confidential
The Agent agrees that its conclusions and any reports are for the
confidential information of the City and that it will not disclose
its conclusions in whole or in part to any person whatsoever other
than to submit its written report to the City and will only discuss
the same with it or its authorized representatives. Upon completion
of this Contract term, all documents, reports, data and studie;i
prepared by the Agent pursuant thereto shall become the property of
and be delivered to the City.
_termination of Contract for Cause
If, through any cause, the Agent shall fail to fulfill in timely
and proper manner his obligations under this Contract, or if the
Agent shall violate any of the covenants, agreements or stipulations
of this Contract, the City shall thereupon have the right to terminate
this Contract by giving written notice to the Agent of such termination
and specifying the effective date thereof, at least five (5) days before
-10-
Clio effective date of such termination. In such event, all finished
or unrinislred documents, data, studies and reports prepared by the
Agent under this Contract shall become the property of the City, and
the Agent under this Contract shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents. Nutwithstanding the above, the Agent shall not be relieved
of liability to 1-110 City for damages sustained by the City by virtue
of any breach of the Contract by the Agent and the City may withhold
any payment to the Agent for the purpose of set-off until such time
as the exact amount of damages due the City from the Agent is determined,
E. 'rerm.ination for Convenience of City
'l'he City may terminate this Contract at any time by notice in
writing to the Agent. If the Contract is terminated by the City
as provided in this Paragraph E, the Agent shall be paid an amount
Which compensates the Agent at his normal hourly rate of compensation
for all services per Formed prior to receipt of such notice of
termination. The City shall additionally reimburse the Agent for
all out-of-pocket expenses incurred or obligated in support of
this Contract as set forth in Section 5B, above„ which were incurred
or obligated prior to receipt of such written notice of termination.
In the event of termination of this Contract under this Paragraph E,
all finished or unfinished documents, data, studies and reports
prepared by the Agent under this Contract shall become the property
Of the City. If this contract is terminated due to the fault of
the Agent, Paragraph 1) hereof, relative to termination shall apply,
P. Agent to Cooperate with Other City Consultants
The City may undertake or award other contracts for additional work,
and the Agent shall fully cooperate with such consultants :and City
employees and carefully fit his own work to such additional work as
-11-
i�
I
nia • jf
Y be d' ii
trect'd by the City.
17xe Agent shall commit
any `ret rvhich not
rail! interfere wltf
°x perm�ill
consultant orbr the performance
Y city cm310 of Work by a
G. Covenarrt_� I yces. any
A ax�yt...Conti_ngent Gees_
The Agent warrants
that no person or selling
employed or retained to Solicitbee
or
agency has
n
agreem°nt or enders secure this Contrn
tanding for a. commissionupon an
or contingent fee exPercentage ct cepting bong fide brokerage
established commercialemployees or bona
Agent fo or selling agencies ma• fide '
z the Purpose of intained by the
securing business. For breach
of this warranty the
City shall have °f 'Violation
without liability or the right to
x in its discretion annul this Contract
Price or considerat to deduct from the Contra
ion the full amount of Ct
brokerage or contingent such commiss.%on
fee. Percentage, r.
H Interest
of FedEAa1
No Nembe • - �ff=cia.ls
i of or Delegate to the Con �
no Resident Congress of the Unite
Commissioner shall be d States and
United
this Contract or to an
to any b°nef' Y share or part of
the fore, it t° arise therefrom:
foregoing provision of this Pxoyrided
extend that
to this C paragraph shall not be
Contract if made construed to
benefit. w.rth a corporation For its general
interest
o_f Molnl)ers of the City
No elected official
or City employee, who exercises
responsibilities
in connectionfunctions or l
to w with the carr Jett ,
which this in
Ying out °f
Pertains, and the Project
Of the City who no other of
exercises an Officer or employee
shall haveY such functions
any Private °r resPorisibil'r•
interest, direct sties
Which is incompatible or °r in
in
conflict in this Contract
With the discharge or fuXfillnent
-12-
Of his functions and responsibilities in connection with the carrying
out of the Project to which this Contract pertains.
J. Subcontracting
The Agent shall not subcontract any part• of the work covered by this
Contract except as herein stated or permit subcontracted work to be
further subcontracted without the City's prior written approval of the
subcontractor. 'Phe City will not approve any subcontractor for wgT$
covered by this Contract, who is at the time ineligible under the
Provisions of any applicable regulations issued by the Secretary of
Labor, United States Department of Labor, to receive an award of
such subcontract. Notwithstanding the foregoing, Agent may order
graphics work, reproduction and printing and related technical
supportive work on the basis of purchase orders approved by the
City, subject, however, to budgetary limitations as described in
Section 5(13) hereof.
K. Assignability
I'h e Agent shall not assign or transfer whether by an assignment
or novation, any of its rights, obligations, benefits, liabilities
or other interest under this Contract without the written consent
Of the City: Provided, however, that claims for money due or to
become due the Agent from City under this Contract may be assigned
to a bank, trust company, or other financial institution, including
any federal lending institution, or to a Trustee in Bankruptcy,
without such approval. Notification of any such assignment or
transfer shall be furnished promptly to the City. No assignment
or novation of this Contract shall be valid unless the assignment
or novation expressly provides that the assignment of the Agent's.
rights or benefits under the Contract is subject to a prior liFn
-13-
M
for services rendered and materials, tools and equipment supplied
for the performance of the work under this Contract in favor of
all persons, firms or corporations renduring such services or
supplying such ,materials, tools, or equipment.
f�qual rjg)loymeat Opportunity
During the Porfurm,ince of this Contract, the Agent agrees as
follows: (1) the Agent will not discriminate against any employee
or applicant for employment because of race, sex, creed, color or
national origin. 'fife Agent shall take affirmative action to ensure
i
that applicants are employed, ;and that employees are treated (luring
employment, without regard to their race, sex, creed, color or
national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including,
apprenticeship. The Agent agrees to post in conspicuous places,
available to employees and applicants for employment notices to be
provided by the City setting forth this nondiscrimination clause. !
I
(2) Ilie Agent will, in all solicitations or advertisements for
employees placed by qualified applicants, receive consideration
for employment without regard to race, sex, creed, color, or national
origin. (3) 'Ilio Agent will Cause the foregoing provisions to be
inserted in all subcontracts for any work covered by the Contract;
so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
Anti -Kickback Rules
Salaries of architects, draftsmen, technical engineers, and engi.tteers,
and technicians performing work under this Contract shall be paid
-1A-
•
unconditionally and not less often than once a month without deduction
or rebate on any account except only such payroll deductions as are
mandatory by law or permitted by the ahlalicable regulations issued
by the Secretary of Labor Pursuant to the "Anti. -Kickback Act" of
June 13, 1934, (48 Stat_ 948; 62 Stat. 740; 63 Stat. 193; title 18
U.S.C., section 874, and title 40 U.S.(-., section 276c). The Agent
shall comply with all applicable "Anti.KiChback" regulations and
Shall insert appropriate pr(,vlsions in all subcontracts and covering
work under this Contract to ensure compliance by subcontractors with
such regulations, and shall be responsible .for the submission of
affidavits required of subcontractors thereunder except as the
Secretary of Labor may specifically provide for variations of or
exemptions from the requirements thereof.
N. 14ithholcling of Salaries
If, in the performance of this Contract, there isany underpayment
Of salaries by the Agent or by any subcontractor thereunder, the
City shall withhold from the Agent out of payments due to it an
amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid and the salaries
actually paid such employees for the total number of hours worked.
'Me amounts withheld shall be disbursed by the City for and on
account of the Agent or subcontractor to the respective employees
to whom they are due.
0. Claims and pgsp tes pert_-_ alning to Salary Rates
Claims and disputes pertaining to salary rages or to classifications
of architects, draftsmen, technical engineers, and technicians
performing work under this Contract shall be promptly reported in
writing by the Agent to the City for the latter's decision which,
-Is-
0 0
shall be final with respect thereto. Nothing herein, however,
shall be construed as relieving the Agent from its responsibilitie$:
as primary contracting party with subcontractors.
P. Discrimination Because of Certain Labor Matters
No person employed on the work covered by this Contract shall be
discharged or in any way discriminated against because he has filed
any complaint or instituted or caused to be instituted any proceeding
or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
Q. Publication, Reproduction and Use of Material
No material produced in whole or in part under this Contract shall
be subject to copyright in the United Staters or in any other country.
the City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data,
or other materials prepared under this Contract.
R. Audits and Inspections
At any time during normal business hours and as often as the City,
may doom necessary, there shall be made available to the City for
examination all of its records with respect to all matters covered
by this Contract and will permit the City to audit, examine and make
excerpts or transcripts from such i,cords, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters
covered by this Contract.
S. Compliance with Local Laws
The Agent shall comply with all applicable laws, ordinances, and
codes of the State and local governments, and shall commit no
trespass on any public or private property in performing any of the
work embraced by this Contract.
-16-
T
Tntcrest_of_Agent
'1he Agent covenants that lie presently has no interest and shall not
acquire any interest, direct or indirect, in the City of Iowa City,
Iowa, or any parcels therein or any other interest which would
conflict in any m:uiner or degree with the performance of his services
hereunder. 'Ihc Agent Further covenants that in the performance of
this Contract no Person having any such interest shall be employed,
IN WITNESS WJEREOF, the parties hereto have caused this Contract to be
executed in five (5) counterparts on the clay and year above first written.
ATTEST,. CITY OF IOWA CITY, IOWA (City)
_ -- - By --- --- '
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FUNDS
Director of Finance
APPROVED BY CITY COUNCIL
City Clerk
APPROVED AS TO AFFIRMATIVE ACTION
ContracCo mpliance Coordinator
A'I"rESTc SASAKI ASSOCIATES, INC. (Agent)
Principal �� ^�-
M-Wm
RESOLUTION NO. 76-381
RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS AT
CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY. I
WHEREAS, the Ordinances of the Council may City of Iowa Ci- ty wap
signsd�ttdesignatedat the tintersectlons intIowa blisCitraffic control
Resolution, after determination that it is inytheowa, by
interest to establish said traffic control signs, uband,jic
WHEREAS, the City Council
mined that it is in the public
following traffic control signs
of Iowa City Iowa, has deter
interestatthe folestablish to
following intersections:
1) At the intersection of Madison and Washington, and
Z) At the intersection of Madison and ,Jefferson.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, as follows:
A) the following signs
ing intersections:
B)
are hereby established at the fol,l'ow-
1) Atth cto intersection
of Madison and
Washington, a sign causing;
p tg of Madison an( .1 Washington,, and
Z) At the intersection of Madison and Jefferson, signscausing
traffic to stop on the north and south legs of Madison and Jefferson.
that the City Manager is hereby authorized and directed,
to have appropriate signs installed to effectuat
Provisions of this Resolution. e the
It was moved by Perret
the Resolution as rea e a and seconded by deProsse
AYES:
opted and upon rol ce
a that
NAYS: ABSENT: 'e were.:
x -- —x Balmer
x deProsse
x Foster
x — Neuhauser
x -- Perret
x Selzer j
Vevera
Passed aril approved this 19th day of October
--- �� _.19176
al7,,r_4� � Mayor ►
ATTEST: 00
Y,yf ��
0 •
NOTICE OF PUBLIC NEARING
ORPNotice is hereby given that the City of Iowa City proposed to rezone fromp,W'
the following described property to -wit:
i
Beginning at the Southeast corner of the Northeast Quarter of
Section 2, Township 79 North, Range 6 West of the Fifth Pr.nci al.;hferidiana,
Johnson County, Iowa; thence North 11 chains 80 links; thence
thence East along said South line, 7.17 chain
South 80 degrees West 7.27 chains, more or less;
chains to the South line of said Northeast QuarSouth 10,32
ter en thence said Section 2;
the place of beginning. s, more or less, to
Also,
Beginning at a point 35 1/3 feet West of the Northeast corder of
the NE 1/4 SE 1/4 of said Section 2: thence East 35 1/3 feet; thence
South 35 1/3 feet; thence Northwest in a straight line 50 feet more
or less to the place of beginning.
And,
The North 705.00 feet of the West 400.00 feet, and the North 985,0Q'feet
of the East 335,00 feet of the West 735.00 feet and the North 460.00
feet of the East 500.00 feet. of the West 1235.00 feet of the Southwest
Quarter of Section 1, Toi,mship 79 North, Range 6 West of the Fifth
Principal Meridian, Iowa City, Johnson County, Iowa,
as requested by American College Testing Program, Inc, located South of
Old Dubuque Road and East of Highway 1 North.
Notice is further given that pursuant to. Section 414.4 of the 1.979 Code
Of Iowa, a hearing by the City Council of Iowa City, Iowa, on the aaid,ptopoaed
rezoning will be held at the Council Chambers in the City Nall of Iowa C'i;ty,
Iowa, at 2:30 51.on October 19th
objections to said id proposed action may ,a 19 76 '' and any person having
hearing.
Y ppear and file objections at said
8•
Dated at Iowa City, Iowa this 2nd day of Qttohar, 1976 ,
City Clark
Publish j ��� 0ZknlYp,_
s0.
NOTICE OF PUBLIC HEARING ON
A PLANNED AREA DEVELOPMENT
OF ORCHARD COURT
Notice Is hereby given that thcrc is now on fila in the office of
the City Clerk in the Civic Center of Iowa City, Iowa a plan of a proposed
planned area development for Orchard Court
Lo Iowa City, Iowa located in RIB and described
as follows:
Commencing at the, East quarter corner of Section 16, T79 N,
R6W of the 5th P.M.; Thence north, 365 feet to the north line.
of West Benton Street; Thence westerly 370.5 feet on the north
line of West Benton Street to the centerline. of Orchard Streetp'
Thence northerly 310.12 feet on the centetline of Orchard Street,
to the point of beginning, all In accordance with Recorded Plats
as recorded in Johnson County, Iowa; Thence N 870 26' 06" W,
116.00 feet; Thence S 02° 19' O1" W, 10.,00, feet; Thence N 87'
27' 53" W, 126.09 feet; Thence N 850 544 251'W, 160.:06 feet; j
Thence N 840 31' 39" W, 39.00 feet; Thence N 03' 07' 21" E,t I:
258.64 feet to the southerly right-of-way line: of. the C
and P. Railroad; Thence northeasterly 437.14 feet, on a 21001
foot radius curve concave northwesterly (chord distance and
bearing being N 87" 18' 01" E, 436.35 feet); Thence South
295.14 feet; Thence N 870 26' 06" W, 9;.:24 feet '[to the point j
of beginning. Said tract of land containing 2-7&acres,
Said pian may be examined by any person interested therein.
Notice is further given that pursuant to Ordinance 2446 of the City
of Iowa City, Iowa, a public hearing will be held by the City Council of
Iowa City, Iowa at 7:30 P.M. on the 19th day of October , & any
person having objections to said development may appear at said hear.ng
and file objections at or before said hearing.
Dated at Iowa City this 2nd day of October 1976.
Abbie S:tolfus, City C rk
Please publish 1 time, on October 2;,1976.
f
NOTICE OF PUBLIC HEARING
Notice In hereby given that the City of Iow{r City propose�t S;o respite• from
RIB the following described properly. t(i-wit.
Commencing as a point of reference at the Northeast cornier 4f the.
Northwest quarter o£ Section 23, Township 79 North, Binge 61West of
the Fifth Principal Meridian, Iowa City,; Jokinson County; lova;
thence South 14 39' 10" East 375.40 feet to ;a point of intersectiopi
with centerline Station 222 + 12.6 of U:S': Highgvay N6 Bypassl�(this,as
an assumed bearing for purposes of this description only); tlpence South
.00 Ol'''03" East 150.00 feet to a point; 'thence ),North 890 271',44'r East
50.00 feet to a point of intersection with 'the easterly right -of war
line of Sycamore ;Street, said point being .150.06 feet :normally distipt
from the centetline of said U.S. H,ighway,'�6 ;Byp;iss; thence 'Sc>uth Oo �7it 03"
East 403.07 feet along said easterly rgllit-o'f-wiiy line of Sycamore Strom+
to
a point, thence South 890 58' 57" West 15'.00 feet along skid
right-of-way line! of Sycamore Street to po:int;; thence Souti"j do
East 246.93 feet along said easterly right -off -way line of Sycamo
to a point; thence North 890 58' S7" East 206.00 feet to poir,,jt b
tract herein described; thence South 00'(11' O3" East 200.00 feet
Of intersection with the northerly line, of Mount Prospect Adcjj ti
Iowa City, Iowa; thence South 590 58' 00"'East 135.00 feet along
northerly line of Mount Prospect Addition Part 3, to a point 'the.
840 25' 10" East 135.00 feet d ong said';norttierly line of Mount:
Addition Part 3'to a point; thence North ;$79 S5' 20" East 268+,x.00
along said northerly line of Mount Prospect Addition Part 3 a
thence North 880 59' 27" tast,263.QO fekt along said northerT 1.
Mount Prospect Addition Part 3' to a.poilit; thence North 00 O r 0(
480.00 feet along the westerly line of said'Mount Prospect Admit
to a point; thence, South 880 59' 2P' West ',12S 00, feet to a point;
South 340 23' 02"',West 79..72 feet to a point, thence South 881.'5!
West 120.00 feet to a point; thence sliV0o ;01' 08" West 96., 0 i
point; thence South 81 56' 00" West 319.410 feet to a oint• 1,her
550 37' 23" West 51.36 feet to a point; t%enc;e South 890 58' ;i7"
ket to point oi" be inni d
$ ng, an containl,�+�.6.,2 acres, more or less.
Notice of Public Hearing
for Rezoning
Page 2
and further proposes to rezone from RIA to Fit, the following des
Property to -wit:
g trued
Commencing as a point of reference at the Northeast corner, o£
Northwest quarter of Section 23, Township ?0 North
Of the Fifth Principal Meridian, Ioo�a. Ca the
Range 6 Weft
thence South 10 39' J°hnson CounV, I:'
with the centerline stationt2225+4Xz£6et' to a point of intersection
(this is utall assumed be for, of U.S. Highway #i6 Bypas's.!
thence South 0o O1' 03" East 1=50pur ose of
this descrij tion ohl}t)
890 ?7' 44" East 50,00 feet to a feet to a Point; theiice'Nortla
easterly right-of-wa paii2t of intersection way
150,00 feet normal, Y lrne of Sycamore Street, said poi 'r beihe
#6 Bypass and. Y f btant from the centerline of said,
South 00 01' 0311 East 403907 ng tract herein described; �}y�Ge a'
line of Sycamore Street to,a point; th nCeid easterly ri .jrt-°f-WaY
to a 15,00 feet along said easterly !right-qf-wa South 89 58' 57" WeS:p;
easterly right,
thence South 0° O1' 03'x'.; Y line of Sycamore Street
Y right;of-way ;line, East ?46;93 feet ala said
58' S7" East 3'34, 00 feet to a Scamart,; Street to a pointe
feet to a poxnt;; tfierice Nor ° ' thence )ktttJ
thence Nor tth1oQ'O�e�ge North9810, 5fe,00"' East 319500 feel 2to a pint
59' 27" East 1?0,00 feet as a f't to a Point; thenc;� o
79.72 feet to a o0 Point;, i]ience Norti> Il�8.
North 340 23 1 '0211 Vis;
the Citi to co ner oftLotc157p Daunt Prospect Addition Fart e
Iowa City, Iota. 4 feet to
the northerl 'thence, North 880 59' ,27" !East 125,00 feet,art 3,
thence North 14:o 511 2311 ne of said Mount Prosp8et;4ddition Part 3 tto a
of Mount Prospect Addition aPart23 n a point; thsaidencenoutlig o line
East 50,00 feet along said northerly lane nt Mount th' Brie
Part 3 to a 52 51 i' 00"
point; thence North 240 28'j 04" East 150460 tet Addition
said northerly line of Mount Prospect Addi;;ion Part 3 to o' n$
intersection ivith the southerly right of-wa;y line of said point
Highway #6 Bypass; Pint of
S.
radius c thence northwesterly WV
feet along a 2,715 :Foot
curve concave southwesterly, said ii:he being said sojitherl}r
right-of-way Zine of U.S. Highway #6 pyaass.to a
880 26 29" {gest 688.28 feet along
U.S. Highway es Bypass to a point; 1Bt' thence Noriai
!, said southerly right-of-ltay lire of
110,00 feet aloe, I ,thence North' 30 20i 24„ East
#6 Bypass to a o said southerly right-c{f-� ciy line of U.S. I3iighway,
Point; thence Westerly 1813.7,, feet alor>q a Z ;�1
radius curve concave southerly, said line be,
Of- way line of U.S. Hi 5 foot
27' 44" West 229,151 fHighwa #6 Bypass ng, said southerly vighfi-
Y ass to a ipoirxt; thence South 890
U.S. Highway#6 Eypass to the said southerly right-of-way l.`ne of
acres, more or less. Point of bsgim{ung; and,conta'
��PS 12«!1
Notice of Public Hearing
for Rezoning
Page 3
as requested b
B ass Y Frantz Coast
YP and east of ruction CompapY, Inc.
Notice is iurk4ecamore Street. , located
Of Iowa r given that 1 ed south of'1'
a hearing by the Pursuant,
rezoning will be thety Council of I Sec yO°I � 4 Of the oae�
Iia, at 7:30 p M r,ld •t it owl! Cit75 C
lections t -d °°-�ob�er,l9th at°bers ;1n the CikY�HO ,the said pros;
ob 1V
hearing. proposed action , 19'76 and an of Ioww City;
°Wy aPPaar lend fileYoberaon;haging
Dated at lecti'ijn; at;
Iowa City, Iowa this 2�'da-of October
1976,
Please Publish 1 time, on October 2, 1976.
'I
ORDINANCE N0.
•
AN ORDINANCE AMENDING ORDINANCE NO. 2238, THE ZONING
ORDINANCEi OF IOWA CITY, IOWA, BY ESTABLISHING REGULATIONS
FOR THE PLANTING OF TREES WITHIN IOWA CITY, IOWA BY
ESTABLISHING SECTION 8.10.40.
BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA;
SECTION I. PURPOSE. The purpose of this ordinance is to amend the
Municipal Code to establish requirements for the planting anal preser-
vation of trees.
SECTION II. ESTABLISHMENT. Section 8.10.40 of the Municipali Code of
Iowa City, Iowa, shall be established to the following:
(Continuation)
CHAPTER 8.10
SECTION 8.10.40
REGULATIONS FOR THE PLANTING AND PRESERVATION
OF TREES WITHIN IOWA CITY, IOWA
Subsections:
8.10.40.1 Title
8.10.40.2 Intent
8.10.40.3 Necessity
8.10.40.4 Enactment
8.10.40.5 Applicability
8.10.40.6 Definitions
8.10.40.7 General Provisions
8.10.40.8 Preservation of Trees and Landscape
8.10.40.9 Site Plan
8.10.40.10 Site Plan Review Procedure
8.10.40.11 Trees Within and Along Public Right -of -Way
8.10.40.12 Trees on Private Property
8.10.40.13 Maintenance
8.10.40.14 Enforcement
8.10.40.15 Penalty
8.10.40.16 Appeal
8.10.40.17 Severability
is
t
0
Ordinance No.
Page 2
16
8.10.40.1 TI'T'LE. This section shall be kn wh and may be cited as
"The Regulations for the Plantir) Viand Preservaaion of
Trees Within Iowa City, Iowa", Tl�e short title for this
section shall be known as "Tree'R'egul'ations't.
8.10.40.2 INTENT. The purpose of these :regulations shall be to
assure that trees are preserved and planted with the
development or redevelopmentoE structures', drives and
parking areas within "fne City in accordance with the
best ecological concepts, enbi7iorimental objectives and
situ planning principles, so that the well-being of the
residents of Iowa City is protected and enhanced.
8.10,40.3 NECIISSITY. These regulations dre necessary in order tq:
(A) provide an urban environment which is in
ecological harmony with the surrounding natural
and agricultural environments;
(8) provide an urban environment vrhich. brings the
Positive qualities of the natural environmgnt
into the City for the l?e'nefit of its residents;
(C) protect streams and water courses from excessive
surface runaff and erosion.,
(0) protect residents of the City from the adverse
effects of air pollution, dust, noise, excessive
heat and glare;
(E) assure that the residents of the tity may conserve
energy by maximizing the utilization of solar
energy by plants;
(P) assure that trees are planted within public rights-
of-way and on private property so that vehi,'ular
and pedestrian traffic may inove in an ordexq and
safe manner; and
(G) compensate for the loss of vegetative cover and
the beneficial aspects of vegetation 'to structures
and the streets, drives, and parking areas which are,
associated with structures.
8.10,40,4 ENACTMENT, Except as provided herein, no building permit,
or certificate of occupancy shall be granted for it
structure, drive or parking area by the City without,
copformity or evidence of intent to comply to theprovisions
of this section:
(A) except when a structure and its lot which doe's,
not conform to these provisions is damaged by
fire, explosion, act of God or the public enemy;
Ordipance No.
Page 3
(8) except when conformity to these provisions
would constitute an imminent threat to the
public health, safety and general welfare
in the determination of the City Engineer;
and
(C) except when 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 val'u'e of the
principal structure.
8.10.40.5 APPLICABILITY. The provisions of this section shall apply
to the development or redevelopment of structures, drives
or parking areas within the jurisdication,of the City of
Iowa City.
8.10.40.4 i05FlNIT10NS.
(A) TREE. A tree is, a live self-supporting green plant
with a trunk diameter a minimum Of three (3) centimeters
(1.2 inches) measured one dial£ (.S) meter (1.64 feet);
above the—base of the trunk,
(8) All other terms used herein requiring definitions
are defined in the Zoning Qrdiriance (Section 8.IQ.3),
8,10,40,7 GENERAL PROVISIONS. The provisions of this section shall
apply to any structure, drive or parking area, and shall
supplement the tree planting requirements of Chapter 3.38;
Forestry, of the Iowa City Code.
8,10.40.8 PR$SERVATION OF, TREES AND LANDSCAPE, Mo 'person steal ed a permit
l do ally
cutting of,healthy tr es without first having
obtaifrom the City Forester or a building permit except,
(A) for the cutting of trees on indi:viddal single
family lots in a platted subdivision;
(8) for agricultural and fore$try uses;
(C) for utility maintenance; and �� the
(p) for the cutting, of trees deemed.nec4ssary Y
city Engineer to protect the pulgic heal-th, safety
and welfare
so that existing live trees may be used 'to satisfy the
quantitative requirements of these provis blis, even though
they may not meet the spacing or location requirements of
these provisions..
8,10.40.9 SITE PLAN. A site plan shall be required for a building permit
for the development or redevelopment of structures on all
property except single family lots. Site plans shall be filed
in duplicate and shall contain the following information,:
Ordinance No,
Page 4
(A) Northarr
oand scale,
(8) outlines off existing (
trees g Propert
land s' POgraPhY, drivewai Y lines, tiuilai
P° features Ys, Parkin Pgs,
to the property; and public s g areas,
(C) outlines of- treetg adja�en�
trees proposed property lines
landscatoPography driveways buiIdings�
pe futures and ' Parking areas,
(D to the fpropertY, and Public streets adjacent
list Proposed
ro °
either P Sed tree plantih
conifer (evergreen 8s by size
leaves in winter), ) Or ileciduo'us and order,
8.10.40.10 S1T, Closes
8.10.40.11
—_ h PLANt..EIV PROCEDURE
City with a site plan The developer
Cil
ity Pt andreUiew the sitep011 planeceipt withinoFpthewsite PlanPiresethe recei t a
one.
or the findnonco cin s l fillet sa °lplan is .1e (l)t fy eek °f p r
for either the site notif
mpliance is jud ed i deve)o e
intent of this the tree Alantin bed deficient
alternatives which section the g re u`
soction o. meet City maY either
2 maYre' the inl:eht and requixement5: ofgts't
for rejection, Jocttlie site
revised The developer thehaa noting the. his
Plan r maY eithe reasons
or appeal p prepare an alternative ' r accept the
site the administrative d'ee!isiiinplan
Plan found in conformance drop liis. application
of this section with the Upon reuyew of a
din , the y shall Provisior;S
buil g permit and retain a aPProve'said and intent
TREES IVITHIN C6 of the 1?lan, issue a
ALONG approved
AND Plan.
aloVisionY'shall 'IC RIGHTS-
aloiig
Public rightsgofawayth P .R'ting to _eQ he. following
wthilt .and
(A) Placement of Trees Ivitliin a
Trees may be planted anti Along
the Following within Public Rights; of=
(1) that
the
conditions are met.'
rights -way Provided
o be
(2) that hem-1e—�nt A. pPlaii as lAtitedis listed in the
Tree Pla'
tree0""2-
local m3ni>numswgeet
meter (3,28 tree;
street or drive;) from the Curti °n° (l)
(3) that line of a
a tree within public rigfits_of-
located within ten (10) mi>fig
the - ersectign (32.8way is not
streets of the rights -of_ feet) of
of the °r within ten "(10),meters
intersection of way °f Public
of commercial the curb ' (32,8 feet)
with a industryal line of driveways
public street; or t at1.iStytutional provorties
and outside Public ri 1,s� trees
witlein a Irian °X -way arealong a street
me't'ers (32 8 Fae�ar area ui.1 1 two (2 not located
rights-of-wa' ) measured alom ) sides ten (l0)
Y rpm the point, of f tersectioing Street
0 f*
Qrdinance No.
Page 5
(4) that trees to be planted in the rights-of-way of
streets are in conformity with the Iowa City Tree
Planting Plan and a tree planting permit has been
received from. the City;
(5) that trees planted wi.thin.the right-of-way are
spaced so as to be no closer than five (S) meters
(16,4 feet) to another tree within the ri.ght-o£-way,
except along arterial and collector streets where
buffering. from noise is: appropriate in which case
trees may be located so as to ,provide a continuous
buffer spaced so as to be mo. closer than two (2)
meters (6,56 feet) to another tree within the
right-of-way;
(6) that no tree be planted in the area between the sidewalk
and curb that is less than two and. one' -half (k.5) meters
(8,2 feet) in width; and
(7) that trees are placed after determining locatign e
utilities, so as to avoid interference with uti7;itis.
(B) Required, Tree planting Within and kjong, Public Rights -of -
Way, ,Street trees shall be planted in.the public rights-
of-way directly in front of and adjacent to propert)(, or
along public rights-of-way within the front yard area of
property; being developed or redeveloped by the owner of
the property.; except for property being developed oo ert
redevelgped with residential e
ential building coverag_ pr . P y
less than two hundred (2QO) square meters (2,152 square
feet)„ tit a minimum ratio of one (I) tree for every ten (IQ)
meters (32,8,feet) of lot' frontage on a public right-of-way;
so as to provide a regular spading of ,trees along the
streets to minimize the adverse impacts of the street,
8.10.40..12 TREES ON PRIVATE,PROpERTy.. The folkowiiig provisions shall
regulate the planting of trees on private property wit
the
the City.
(A) Required Tree Planting for Res'iden'tial 04es being leshall d
be planted on residential prgperty,
or redeveloped by the owner of the property at a minimum
ratio of one (1) tree for every fifty.(5o) square meters
(538 square feet) of'buildinf c V'erage of the property or
part thereof in excess of two hundr,4 (200) square meter$
(2,152 square feet) of building cgv,erage of the pri>perty;
so as to provide the beneficial aspects of the trees to the
buiiding site,; with these plantings being in addition to the
plantings Which may havebeen placed on private prpperty-to
satisfy the street tree requirements of Section 8. 10, 40.11(L}).
(B) Required Tree Planting for Parting Lots. Trees appropriate
for planting along streets, a5 listed, in the Iowa City Tree
plant ing.Plan, shall be iplantod in appropriate landscaped
aisles,and islands Within parks ng lots by the owner of the
property with any development or ;redevelopment of Istruct#e5,
drives or parfang areas subj,eot to the following r,equire>nents;
Ordinance No.
Page 6 'r
(1) Parking areas Shall be separated from street
rights-of-way, drivers, buildings or� needed
for safe traffic movement, by landscape aisles
or islands a minimum of .three (3) meters 84
feet) in width. (See illustration.)
PRIVATE DRIVE
(2) The interior of parking areas shall be broken b
landscaped islands a minimum of three (3) meters
(9.0.4 feet) in width, for the purpose of temperature,
runoff, pollution, traffic and glare control. :['hese
islands shall be provided so that no more than Dine,
(9) parking ,spaces are in a continuous row, (See
illustrati6n,)
fl1LLL(t11111J
0
0
Ordinance No.
page 7 sed island type
In instances where angle parking 1 u ' '
(3)
B, may be substituted for island type A� See
illustration.) Q
10 M.
minimum
)t•3M+I
JM -3M -A minimum
minimum
Trees shall be planted in the landscaped aisles and
(4) one (1) tree for each fifteen
161 square feet) of landscaped
islands in, the rrs o1 B, Section
(15) square meters ( for island type tree for
aisle or island, except
re One
,,10,40.1263 which shall requivare)feet) of
each seven (7) square meters (75 sq
lreas'used for meetang these
landscaped island.
(5) Space in parking counted, as contributing to
requirements shall lie sl
with
required number df parkiT�., be met
the req of this section may drives and
(6) So that the intent existing structures,
the redevelopment of uirements for the.
islands may be
parking areas, the locational tan
ed aisle's and wired areas for
placement of he pooling o:£ the reg, planting
of the
satisfied by
landscaped aisles and islands and the p t an inno
accept
required,numbea d ZonIngsColmnission ma
requirethe
(7) The plantting, 0sig lieu of 3 and ,
n in ' } if
vati.va parking area S .10 40.12 1, 2, area
Section. ive parking
requirements of the innavat or these
in their .dete hen tlO' of i}nd necessity f10.A1)•3
design meets in 6 10,40.,2 and $•
provisions established
Ordinance No.
Page 8
f
8.10.40,13 MAINTENANCE. It shall be the responsibility of the proper
owner to maintain and replace if necessary trees required by
these provisions for a period of one (1) year after thei;'
planting; and thereafter exercise reasonable care of the
trees planted on private property so that the intent of
these provisions may be attained.
8,10.40.14 ENPOROEMENT. The acceptance of the site plan and the issu;inee
of a building permit for the development or redevelopment Of
property by the 'City constitutes an agreement between the
property owner and the City for the property owner to provide
the required improvements as part of development or redevelop,
ment of the property so that the intent of this section is,,
met, unless the property owner abandons the proposal. Upon
application fora Certificate of Occupancy the owner of thy:
property must show either compliance with the provisions, of
this section or must show intent to comply at the next planting
season, to the satisfaction of the -City; such as a paid repeipt
for the delivery of the required number of trees during this,
next planting season. If after a reasonable period of time the
owner does not perform the necessary site improvemepts, the
City shall notify the property owner by certified mail of
failure to comply with these provisions, citing the variations.
If the owner does not respond within thirty (30) days of such
notice, showing intent to comply, the City shall cause the
necessary improvements indicated in the approved site plan to
be made and assess a lien for the cost of these improvements
against said property. This lien shall be -initiated by tite
adoption of a resolution by the City and the City Clerk
certifying the amount of the lien and filing the same with the
Johnson County Auditor. Said lien shall attach to the property -
which was served upon certification by the City Council. Thi$
lien shall be assessed against the property to the extent of
the balance due the City for the site improvements necessary to
comply to the approved site plan and costs incurred i:i peffecting
said lien. Said lien shall be enforced until payment of the
claim and upon satisfaction of the lien by payment of the claim.
The City shall acknowledge satisfaction thereof and file a
release with the Johnson County,Auditor.
8.10.40.15 PENALTY. Any person, firm, association or corporation which
violates, disobeys, fails, neglects or refuses to comply with
provisions of this section shall be regarded as unlawful; and
upon conviction, guilty of a misdemeanor for each day of
noncompliance, with each day of noncompliance constituting,
a separate offense.
8.10.40.16 APPEAL. Any person aggrieved of the requi,rements..of .this
section or an administrative interiretation of this section
may appeal to the Zoning Board of Adjustments, subject to
the procedures of the Board of Adjustment,
Ordinance No.
Page 9
8.10,40.17 SEVERABILITY. The declaration of the invalidity of any
part of this section shall not impair the validity of any
part of the rest of this section;.;
SECTION L11. REPEALER. All other Ordinances or parts of Ordinances
nces in
conflict with the provisions•of this Ordinance are hereby repealed,
SECTION SAVINGS CLAUSE. If any section, provision, or part of this;
Ordinance�shall be adjudged invalid or uncgnstitutional, such adjudication
shall not affect the validity of the Ordinance as a whgleior any section,
provision; or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after
its final passage, approval and publication as provided by law,
It was moved by
and seconded, by
that the Ordinance as read be adopted,
and upon toll call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Poster
Neuhauser
Perre:t
T_ Selzer
Vevera
Passed. and approved this day of
1976.
�� `'61'x. • I.i�� � �zY �• 1 „(i 2 ��7(��
/�uGF '� ruYOR
.�� r2
ATTEST:
City Glerk
Cit of .i0 •
Y waCity
MEMORANDUM
DATE: October 15, 1976
TO: City Council
FROM: Director of Human Relations
RE: Probationary Periods
A resolution on the agenda for the October 19 City Council, meeting amends the i,
personnel rules and regulations by substituting language governing the l6ngth
of probationary periods for City employees. The amendment provides thathatthe
City Manager will determine the length of probationary periods. The the
are the proposed administrative guides for pi owing
obationary pexiods:
Position and Status
New Employees (except sworn
police and fire)
New sworn police and fire
Promoted administrative and
supervisory (all departments)
Reappointments, transfer, and
Promotions for non -supervisory
Length of Probationary Period
6, months
1 year j
6 months
Flexible - not to exceed 6 monthsli
These changes are to reflect an amendment to the State Code relating to Civic I
Service and the recent collective bargaining settlement with AFSGj.
i
1'F37
Resolution No. 76-382.
RESOLUTION AMENDING RESOLUTION 76-238, PERSONNEL
RULES AND REGULATIONS
WHEREAS, the City Council has adopted rules and regulations for eipployeeg.
of Iowa City as guidelines for personnel matters, and
WHEREAS, these personnel rules state:
"Probation (Duration). Every person appointed or reappointed to aG permanent
Position with the City shall be required to complete a successful probationary
period of six (6) months duration. (The probationary period shall begin
immediately upon appointment to a permanent position.) The time period may
be extended if there is insufficient data to determine total perfoimance and
if such action would be in the best interest of City services and operations -
WHEREAS, it is necessary to amend the personnel rules and regulations adoted
by Resolution No. 76-238 on July 13, 1976, p
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City,
Iowa, that the personnel rules and regulations concerning the len gnarg
Periods for City employees be amended to read as follows: gth of,probati
"Each person appointed to a permanent position shall be required tdcomplete
a probationary period. The City Manager will determine the length of the
probationary period based on laws, contractual obligations, nature of appoint-
ment, and the length of previous experience of the employee with the City of
Iowa City. Performance of the employee will be reviewed during the prlty
oba-
tionary period by the department director or the City Manager. The length
of the probationary period may be extended in writing."
It was moved by Foster and seconded by Selzer
that the Resolution as rea e a opte an 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 this 19th day of October
1976.
M:yo r
ATTEST: cCIO— L'
ity Cler
RECEIVED & APPR01oED
BY THE LEGAL DEPARTMENT,
to -I5--16 (ZK:
163
City of Iowa :Cit;y
MEMORANDUM
DATE: October 14, 1976
TO: City Council '
FROM: City Manage
RE: Request to prosecute Dean Oakes, Housing; Violations, 938 Iowa, Avenue,
in District Court
The structure was moved to its present location in 1969. As such, it was to
have been brought into Code compliance within sixty days.
The structure has no occupancy permit from the Building Department. The struc-
ture has been occupied as a three multiple (illegally converted) though it is,
listed as a duplex. The structure has never paid a rental permit.
Numerous violations were noted during our first encounter with the property in
February 1976, inspection resulting from routine area inspection program. Sub-
sequently, complaints brought other violations to the attention of this office.
Primary violations include:
Leaking roof endangers wiring with every rain.
No heat on second floor of building.
Extensive damage to walls and ceilings.
Lack of required faire prevention (fire doors).
Many deferred maintenance violations of less severe nature.
Reinspections of the property show that in the intervening seven and one-half
months none of the violations have been corrected.
As continued effort to cooperate, members of the staff spoke with property
manager, Bill Terry, on Wednesday, October 6, 1976. He said bids had been
taken on the work and asked for continued indefinite extensions. The staff
offered him the proposal that he bring in copies of his bids and firm start
dates by Friday, October 8, 1976. Mr. Terry has not been in contact. with
the City since that conversation took place.
Due to the continued disregard for letters directing repairs to be made, it is:
recommended that the City Council authorize the staff to seek a temporary
injunction in District Court which would prohibit rental and occupation of the
property until it meets Minimum Housing Standards.
RBSOLUPION NO. 76-383
RESOLVrION AUINORIZING EXECLVION CIE' AOR[;C'•M1..NT
WI111 SIITVIHRITERY AND AS900IATf S
WHEN M' the City of Iocrd City, Iowa, ha.s negotiated an akleement-
with Shive-Hatteri and Associatesa copy of said as seement::
being atta to s Resp u an s reference made a part; iuxeo�'w
and,
WFIERW, the City Council deems it in the public interest to enter
into said _ aQreement for bridge anal}sis.
NOw, THEREFORE, BE; IT RESOLVE[! BY THE CI7,'y COON m:
1. That the Mayor, and City Clerk are hereby authorized and directed,',
to execute the agreement with Shive-Hattery and Associates
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Selzer and seconded by Perxet the
Resolution be adopted, ro 1 call there were:
AYES: NAYS: ABSERr-.
X
BALMER
X _
dePROSSE
X
FOSTER
X
NEUI IAUSER
X
PERRET
X
SELZER
X
VEVERA
Passed and approved this
19th day of
5
October , 1976,
AT= , �7 Mayor
t
City Clerk
17iis Agreement, made and entered into this lgth day of October,, 1976„ by
and between the City of Iowa (:ity, a nuuiicipal corporationtc, hereina -' efcrred to
as the City and chive-N;rtt�ry and Associates with main offices in Eowa (;ity, Davenpol
and Cedar Rapids, lows, hcreinaflcr referred to as Lhe Cousu.lL nt.
NOW, '1111iREFORE, iL is hereby agreed by and hem-cen the parties hereto that tha
City does retain and employ the said Consultant to act for and represent 'Lt in al'I
matters involved in the terms of this Agreement. Such contractof employrnent to be
subject to the following terms and conditions and stipulations, to wit:
Consultant shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
a. TO discharge from employment or refuse to hire any individual because of
their race, color, religion, sex or national origin.
b. To discriminate against any individual in terms, conditions, or privileges
of employment because of their race, color, religion, sex or national
origin.
I. SCOPE OF SERVICES
N
The Consultant will provide qualified field and office personnel, under the
direct supervision of a registered professional engineer, together with the necessary
supplies and equipment for the duration of the project. The Consultant will provide
basic engineering services to inspect and rate the assigned bridges (33) specified by
the City. Generally, the services shall include:
A. Inspection and rating of the bridges; and
B. Completed bridge reports. !
For budgetary purposes, the Consultant shall establish a'priority listing of the.
assigned bridges as to rating (computations).
A. BRIDGE INSPECTION AND RATING
Due to Federal law, the State is required to maintain a current inventory of all
bridges inclusive of City bridges which span 201 or more. The Consultant s,1;a11
provide the following services in accordance with the AASK0 manual, "Manual; for
Maintenance Inspection of Bridges 197411:
1. Inspect in detail and determine a load rating for each of the bridge
structures assigned. Immediate consultation as to recommended closures
in the field. The inspection will be done by a professional engineer
registered in the State of Iowa.
2. Keep complete and accurate records of each bridge including recording
inspection and measurement forms.
3. Take a minimum of two 3Y' x S" color photographs for each br,.idge - one
showing a roadway view and one a side elevation. view. Also required
are additional photographs showing major defects.
4. Vcrif ae entries on the "Iowa StructtOlnventory and Aplig-aisal
Sheet", Form 810010, then complete the remaining itoms. 0114 lotin
shnlI be prep:u•od fru• each structure.
U_velu[) sLtIILWIiII uauput.Ition, Mid appliralhle reCunlnendatipns uoce�ss:re�
to determine load rating based on the existing condition of a giver}
structure. Bridges #10, 1111, 1116, #19, and 1120 will be rated with
type 3, type 352, and typo 3-3 unit live loads; all other btidges will
he rated with type 3 unit live load.
13. COMPL111E1) BRIDGE RITOUS
The Consultant shall provide the City with a concise summary report for
each structure containing the following:
1. Completed structure inventory and appraisal shoot (Fonli 81(1014:).
2. Field inspection and measuroment fonn5. ('fhc Measurement sheet
do riot have to be typed.)
3. All necessary computations.
4. Required photographs.
S. Recommendations as to improving the condition and/or load posting
of a given bridge, along with the associated cost estimates which
are not to be detailed but "ballpark" or rough estimates.
The Consultant shall also provide the City with a general summaq of all
the bridges and necessary consultation as may be required by the City
lingincer in the execution and administration of the project..
I I. TIME 01� CGMI'Llil'IO� �
'11ae Consultant shall complete the project by 12:01. P.M., CST, of the 115th of
December, 1976.
III. GINERAL TERNIS
1. The City shall provide the services of a competent: attorney, experienced in
legal matters pertaining to the type of work required by the project. The Consultant
shall cooperate and assist said attorney and shall comply with all reasonable .requests
made by said attorney during the course of discharge of his duties as attorney for
the City.
2. Should the City abondon the project before the Consultant shall complete tiro
work contemplated by this Agreement, said Consultant shall be paid on the basis o,,
direct hourly rates as herein attached for the various classes of personnel[ actively
engaged on the project for all work completed and for all work and services performed
up to the time of termination. Either party may terminate this agreement upon, tent;
(10) days notice.
3. This Agreemcr*d each and every portion thAlialI he binding opoq the
successors and the assi}ms III Iho parties hereto. Provided howevcv, thal no ;r++igo
uicnt shall hr madc wilhInil Ihr wrillou ronsont of all p;n•tiv-; it, said i\l;rct'mrul.
4. It is undur;,toud and agrccd that the employincut of the Consultant by the taty
for
the purposes of
said
]n•oject shall
be exclusive, bort the Consult;mt shall, have
the
right to employ
such
assistance as
may be required for the perCormahce of the
project. Said Consultant shall be responsible for the compensation, insurance and
all clerical detail involved in their employment.
5. It is agreed by the City that all records, plans and files pertaining to infor-
mation needed for said project will he made available by said City upon request of
the Consultant. lbe City further agrees to furnish all reasonable assist;nice in the.
use of' these records and files.
6. Consultant further agrees to furnish the City with; a list of all employment
positions expected to be required to perform the project persuant to this Agreement
including the hourly rate of pay budgeted for such employment.
7. It is further agreed that no party to this Agreement will perform contrary to
any State, Federal or County law or any of the Ordinances•of the City of Iowa City,
Iowa.
S. It is further agreed that in the event of any disagreement as to the meaning
or scope of this Agreement that cannot be worked out to the mutual satisfaction of
both parties concerned, the disagreement shall be referred to a three member arbitra-
tion panel with one member selected by the City, one selected by the Consultant and
the third to be selected by the two arbitrators. Each party will bg finally and
fully bound by the decision of the arbitration panel and said panel shall have full
authority to allocate the cost of such arbitration between the parties, Nothing he
shall be construed as preventing subsequent appeal to a court of law ft`om the decis
of the arbitrators but such cost and expenses of said appeal shall be borne by the
r
appealing party.
9. The Consultant agrees to furnish, upon demand by the City, all basic notes and
sketches, charts, computations and any other data prepared or obtained by the Consul.-
tant persuant to this Agreement, without the cost and without restriction. or 1
as to their use.
b
10. The Consultant agrees to furnish the completed Bridge Inspection package with thei
C
seal of a professional engineer affixed thereto where such seal is required by law, r
11. 'rhe City agrees to tender to the Consultant all fees and money in accord,nnce wit:
the schedule that follows except that failure by the Consultant to satisfactorily per
in accordance with this Agreement shall constitute grounds for the City to withhold p, �-
ment in an amount sufficient to properly complete the project in accordance with thisi'
Agreement.
12. Should any so�, of this contract he folald toinvalid it i. agreed that:
all other Sections shall remain in full force and effect as though severable front;
the part invalid.
13. 1)irect persomieI expense for' the purposes of this contract shall 1%, elCfincd
hourly w;tlu. plus rolm.mont and fr•ingo benefits. said ConSLOUtut ;:hall, tippn klt;l
furnish rc•,-eJpts therefore or certified copies thereof. -
14. Records of the Cumultant's Direct Personnel and Consultant's Reimbursable
Exponses pertaining to the Project shall be kept on a generally recognized
basis and shall be available to the City mutually convenient times„
15. All reimhursable outside expenses are in addition to the fees for Basic+
and include actual expenditures made by the Consultant and his employees in the.
interest of the project for the following incidental expenses listed:
a. Expense of transportation and living with traveling in connection with
Project.
b. Hxpense of reproduction, postage and handling, of Bridge I'nspoctiott I'ac]
IV. COMPENSATION FOR SIi MO:'S
1. The City agrees to pay the Consultant for services stated in Phase A and B of ]
the Scope of Services at the rate of 2.2 times the'Direct Personnel Expense. The is
it
Direct Personnel Expense of all personnel associated with this project shall be.
6
attached as Exhibit A. the City agrees to reimburse the Consultant for outside
I
expenses at costs. 11te Consultant shall furnish receipts of all outside expenses, -I
The total fee for phases A and B listed under the Scope of Services. shall not
$5,000.00.
r
2.
I"ecs will be due
and
payable upon completion of the work.
3.
All provisions of
the
Agreement where not spocifically defined shall ire
in accordance with the highest ideals of the engineering profession and the Code
Ethics therefore as set forth in the 1972 Suggested Guide for Selection and
of Consulting Engineers and Land Surveyors, published by the Towa Engineerin
and the Consulting Engineers Council of Iowa.
The undersigned do hereby convenant and state that this contract is executed! in
triplicate as though each were an original and that there are no oral agreelrents.
have not been reduced to writing in this instrument.
k cAt
,■
:1
11 1
It IS further auven,m*Id Stated that there are no considerations or monies
contingent upon ur resulting from the execution of the Agreement nor have any of the,
above been imp]ied by rn, for, any party to this Agreement.
FOR '111F CTIY:
n•rresy�
i ty ler
1
FOR 'IIID ((:ONSUI:I'ANP:
—1-4
MUM*:
i
AGREEMENTS/CONTRACTS
Attached are �' unexecuted copies of
v �S ii
I
it
as signed by the Mayor.
I
After their execution by the second party, please route
4)
5)
I
is to be responsible for
I
completion of this procedure.
Abbie Stolfus
City Clerk
City 01 9m a�a cily
TO: City Council DATE: October 15, 1976
FROM: City Manager
RE: Material in Friday's Packet
!•femorandum from City xLinager, City Attorneyan
,
regarding Proposed tree plan ng ordinance, id Director of Coy
Nnun:
Copy of letter to bttigY/
ayor of University Heights from the Cit r
the pickup of leaves.
i3</z Y A:�znager
'femoranda from the Director of Public i9or s:
a'Scott Boulevard right-of-way along ilith map. 7�Y3
b. Handicapped units
C.
Landfill Charges isyy
I8
information on revenue
Potential of a loca.t sales t
G yR
Memor from Director of H !MC F� w"
trips. uman Relations d° da
Director regarding alle.
Memorandum from Assistant Ci ' �y7. _ r erase Paha
City Attorney regarding l
!•fe.rorandum from Director of Cormnuni o raker us C3-ty of Jolla City.
3etterment Program, isy
ty D velopment regarding 0, Co1mminity
Memorandum from Assistant City Attorney rega:rdin
n Iowa District Court. g horshoj us City of Iowa City'
Coot' of letter from Crit X60
Y Attorney ^_f Iowa. y regarding jurisdiction overt e
h University -
Letters written in response to correspondence on Consent Calendars;
a. Te
b Drrry Jackson and Patti bionserud
Adrian Hogben �" w'
hl • S. Winifred Morgan / s;
R.1LS Program quarterly report.
eptembe2 monthly reports for the Fire Department and Transits
Articles:
a. Nuts and Bolts
b. Unique Realty
C. Scott AssessoRanked
Ratrked no.
Minutes of Staff Meeting, October 5, 1976.
Page 2
10-15-76
u
Letter to City Mgr. from Adrian $ Anne Hogben re tornado siren location, 186A
Copy of letter to Bd. of Education
Adrian , I,C. COMM. School Dist, frontFr Anne Flogben re tornado siren location. '
Memo from Julie Vann, Red. Spec., to Ci �I r, re CCN upcomi
WSUI radio shows. `
Petition - Courtcrest, Inc. vs. City of Iowa City, re rezoning. 1 P 6=d
i
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it
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if
it
'If
if
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0CIfy of Iowa
M
EMORA,I'VOUM
\ /I
TO; City Council DATE: �i_
FROM: Neal Berlin, City Manager, John Hayek,
Director of Community Development
O elopmen
RE: Proposed Tree Planting
October IS. 1976
City Attorney, Dennis Yraft,
Some concern has been expressed by members of the City Council relative,
to the impact of Subsection C of Section 8.10.40.4 (enactment) of the
The intent of this Subsection tas tassure
that Tree Ordinance. curredhattheprovisions
that as redevelopment of a significanttnature
Oc tentof the Ordinance
of the Tree Ordinance would apply
would be adhered to.
It was not the intent of this provision, however, to preclude or hinder
the normal property improvement,rnorptocement discourageathelties nor to
elimination of
discourage p p Y
architectural barriers. It is the intent of the Ciao to encourage prole ,
and
upkeep
and
hilandvement both
mprovementsthel;morder mthat thent of e above-mentioned
objectives could be adhered ito,mprove
it is recommended that Section 8,10.40.4.0
be amended to read as follows:
8.10.40.4.C. Except when the alterations to the principal structure
do not increase the floor area by more than 10 percent or provided
that there is no change in the use of the principal structure.
If enacted, this amendment would allow for routine building maintenance
and improvement (including remodeling) without having the provisions.o£
the Tree Planting Ordinance apply. ilowever, the provisions of tho,
Ordinance would apply if a major change in use: were converted
occur, e.g.,
if a residentiaosedapartment
change structure
would were
to rectlybe vrelatettoathe fspecific
use. This p P
intent of the Ordinance, i.e., makingthesed
intensity of use theorrchaugenof P
Ordinance specifically apply
use.
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fiVll ClN FI II,R 11lE lVA.111l101UN til
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n � = October 7n In fF,
MAYOR
MARYNEUUAUSER
COUNCIL MEMBERS
ARN BALMER
CAROLWEROSSE
L. P. FOStER
DAVID 4ERRET
MAKSEUER
FIOBERr VEVERA
Dr. F. D. Staab, Mayor
City of University Fleights
901 Melrose
Iowa City, Iowa 52240
is
Dear Dr. Staab:
I
Enclosed is a copy of a press release from the Public, Works Department of
the City of Iowa City concerning leaf pickup for Iowa City. I would like
to draw your attention to the last date listed. The area to be covered oo
October 28, 29 and November 1 will be all of Iowa City west of the I
River excluding University Heights. owa
The agreement negotiated between the City of Iowa City and University Heights,
which was adopted by Resolution No. 262 on September 2, 1968, expressly
excludes the use of road use tax funds. Street Division services operate
with road use tax funds and, therefore, the collection of loose leaves in.
the University Heights area is outside the terms of: the contract.
Refuse crews will continue to collect leaves from University Heights residents
on any Monday, which is the designated day for refuse collection 34, University
Heights. The leaves must be contained in plastic refuse bags and placed at
the curb along with other refuse for collection.
W
ely yours,
. Perlin
City Manager
Is
cc: City Council
1 'N::2,
0
!!1Ct W • 1-iVl(. (.1NIUCIIY 1 WA:IV,,
IC41fA CITY IgWA YC4u
019.454 IWMI
me"
NEWS RELEASE
Leaf Pick -Up
October 14, 1976
Iowa City Street Division crews will begin picking up autumn leaves next
week and they plan to cover all of Iowa City over a two-week period, Street
Superintendent Paul Dvorsky announced today,
Residents of Iowa City are reminded that the City's leaf machine will not
pick up brush and garden refuse. Mr. Dvorsky asks that leaves be piled on the grasp
between the sidwalk and street curb, separate from other debris. They must not, be
placed in the street because the leaves will wash into storm sewers and clog
drainage when it rains.
Route that will be followed during the next two weeks are:
October 18 and 19 South of Rock Island Railroad tracks and east
of the Iowa River;
October 20 and 21 East of Dodge Street, south of Court Street,
and north of railroad tracks;
October 22 and 25 East of Dodge Street and north of Court Street;
October 26 and 27 East of the Iowa River, north of railroad tracks
and west of Dodge to Kimball Road;
October 28, 29 and All of Iowa City west of the Iowa River, excluding
November 1 University Heights.
Leaves should be placed in location for pickup by 8:00 A.M. the first
day of pickup for each area of town. If residents desire more rapid leaf pickup,
they may bag the leaves in plastic sacks and place them out with regular refuse
for collection by the City Solid Waste crews.
The dates for a second sweep of the City will be announced at a later date.
News Release
Leaf Pickup
October 14, 1976
Because the agreement negotiated between the City of Iowa City and University
Heights expressly excludes the use of road use tax :funds, and Street Dilrision crews
operate with road use tax funds, the collection of loose leaves in the University
Heights area is outside the terms of the contract.
Refuse crews will continue to collect leaves from University Heights on any
Monday, which is the designated day for refuse collection in University Heights.,
The leaves, however, must be contained in plastic bags and placed at the curb
along with other refuse for collection.
mom
FROM: Administrative Offices
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
DATE:
TO: Neal Berlin
City Council
FROM: Richard J. Plastino
RE: Scott Blvd. Right -of -Way
Attached is a map which shows the approximate right-of-ways on Scott
Blvd. Several conditions exist which may make this map only
approximate:
1. Various sections of the Scott Blvd. right-of-way
were deeded to Public use many years ago and the
descriptions are unclear;
2. In some cases, a 40 ft. right-of-way was deeded;
however, the present fence lines and various iron
pins that have been found along the right-of-way
are not at a 40 ft. width;
3. Scott Blvd. formerly continued to the north near
Interstate 80 and an east/west road met Scott Blvd.
in the vicinity of Interstate 80. The section that
wiggles by ACT used to be part of 01d Dubuque Road;
4. The only firm right-of-way widths are in the vicinity
of Court Street. In this area a subdivision has, been
platted, which gives the City a 50 ft. right-of-way
on the west side of the section line and part of the
concrete street has been built.
The attached map is adequate to indicate the approximate right-of-ways.
Perhaps more important, it indicates the,ambiguity.that exists ilR
regard, to right-of-way. If construction,with resultant land acquisition
is anticipated, a detailed legal search would need to be made of the
highway records at the County Courthouse and legal interpretatigns
would have to be made concerning the actual right-of-way that exists.
There is also a question of how wide Scott Blvd. should be if it is
reconstructed. The Area Transportation Study indicates that Scott
Blvd. will be lightly used in 1995. If Scott Blvd. were connected
directly to Interstate 80, approximately 3,000 cars would use Scott
between Hwy. #6 and Nnerican Legion Road and approximately 4,000 to
6,000 cars would use Scott Blvd. between American Legion and the;
Interstate.
If Scott Blvd. were not connected to Interstate 80, but continuer
into F1wy. #1, approximately 1,000 to 2,000 airs would use the Scott
apge 2.
Scott Blvd. Rig t -of -Way
Blvd. between Fhyy. N1 and American Legion Road and approximately 3,500
to 4,500 cars would use the Scott Blvd. between American Legion Road
and Fhvy. #1.
The above figures were determined from computer models using the °tanto
dominant assumption, which assumes no increase in mass -transit.
Essentially, all the computer model does is anticipate future Sand
uses, determine how many car trips a day would cane out of such land
use, determine where the cars are going, acid then assign each car to
a specific road segment. The figures generated from a computer are
certainly not firm figures; however, they cio give a general range of
traffic volumes. The traffic volumes mentioned above are low in
relation to other streets in town.
If the objective is to reduce construction costs to aminimum, Scott Blvd.
clearly can function as a two-lane road. On the other hand, if four
lanes with a median are desired for aesthetic reasons, this could be
done recognizing that it provides capacity far in excess of projected
needs.
It is difficult to consider Scott Blvd. at the present time since the
Area Transportation Study is not done. At this time it is known that
there are extremely severe traffic problems in -the area of Hwy #14
Riverside Drive, Burlington Street, North Dubuque,
Fhvy. N1, parts of American Legion Road and Melrose. �if the Cid'
wishes.
ar
to alleviate these severe problems, there will be multi-million doll
expenditures in the next several years for up -graded highway facilities
and/or increased transit service. At this point in time, it apears
almost certain that construction of Scott Blvd. will fall-reasonselow•
moving Scott Blvd. up in the priority list.
other projects in priority; however, there may be other for far b
In summary, the right-of-way shown on Scott Blvd. cannot be considered
firm and should be used for only general planning purposes* Detail
ued
legal searches will need to be made before the City can take a stane
on right-of-way acquisition. The width of right-of-way actuallye
needed depends upon whether a two-lane or a four -lane road is built.
In addition, consideration of a bikeway along; Scott Blvd, will dictate
the need for a wider right-of-way. It appears that under almost any
condition, the City is going to have to condemn and purchase right-
of-way; therefore, the City should determine some design parameters
since right-of-way acquisition will be expensive.
i•�1 • .
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CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEAN— DU -M
DATE: _ U�tOler 11,
T0: Neal Berlin
City council
FROM: Richard J. Plastino
Handicapped Units
RE: hed apartments went into effect
in 1975, there have been Since the law ave bee handicapped
33 handicapped units built in Iowa City.
TO:
FROM:
RE:
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEFIORANDUM
Neal Berlin
City Coumcil
Richard J. PlastinoIf
Landfill Charges
A previous memo dated July 29, 1976 had suggested
charge other communities a flat rate for using th
landfill based on the population of their tori.
weight of approximately 5 lbs. per person per day
determine the flat rate.
DATE:
that Iowa City
e Iowa City sanitary
A solid waste generation
was suggested to
Discussions with the attorney of one of the communities in Johnson
County reveals that this particular system may be much harder to.
implement than Was thought. He pointed out several reasons why
generation rates in this community might actually be lower than S lbs.
per person per day. Such reasons included' a large number of farmers
living in the community who dispose of their trash on their farm;
the existence of a dump one or two miles south of the town; a high
percentage of elderly persons in the community, etc. 1Pe attempted
to work out ways in which it would be possible to determine, the
actual amount of refuse going into solid waste trucks that come to the
Iona City sanitary landfill and we came up with an idea of weighing
the trick in the community when it arrived in town and then weighing
the truck when it left the town, Thenthis weigh ticket would be,
handed to the Iowa City sanitary landfill attendant.
After some thought, it became apparent that: this system would become
very unmanageable and unwieldy when one considers that Iowa Cit
has ten (10) accounts in other communities. }+
111hile Iowa City can move to a flat rate billing system for other
communities, these communities will be able to present arguments why
they should not be charged at a rate of 5 lbs. per person per day. As
mentioned in the earlier memo, generation figures for many of the commtmities
at the present time.are very low and there is fairly conclusive evidence
that the Iowa City general fund :is absorbing costs for solid waste
not generated from Within the Iowa City city limits.
In summary, at this point in time, it would seers that three (3)
options are available:
�Fgs_
page 2.
Landfill Wges.
OPTION 01 Present System
Continue the present "charge back" system. In this system, drivers
passing over the landfill scales declare which agency they
represent and that agency is then sent a bill by Iona City. This
is the system presently being used.
OPTION #2 Flat Rate Billing System
Change to the method mentioned in the July 29, 1976 memo. With
this system, all of the communities that have contracts with
Iowa City would be billed monthly on a flat rate based upon the
population of the community and a solid waste generation rade of
approximately 5 lbs. per person per clay. The University of Iowa,
the Johnson County Government and the Iowa State Highway Commission
would continue to be billed on an actual tonnage across the
scale.
OPTION #3 Self-Sustainin}JUt, i;lity
Run the landfill as if it were a privately owned business
and charge haulers as they come across the scale. In other
words, if solid waste company "A" came across the scale
and had 12 tons on the truck, solid waste company "A"
would be sent a bill for 12 tons. Iowa City would have
no contractual agreements with any other community or
agency and in effect, the landfill would operate as a
private firm :in which revenues would equal costs.
To Seei�pPcIct on the general fund (leach of these alternates,
tonnage gures for FY 76 and the revenue generated are indicated
OPTION kl - Present System
TGNS REVENUE
TOTAL FY 76 (7/1/75 to 6/30/76) 76,388 —T
$276524
RECEIVED from all AGEA'CIES $
TOWS having COaYIRACTS AV/
IOWA CITY
22,873 $ sz,soo
ABSORBED by the IOWA CITY
GENERAL FUND
53,515 $183,724
OPTION #2 - Flat Rate Billin��
TOTAL FY 76
76,388 $276,324
RECEIVED from CONKNITIES
BILLED at FLAT RATE
13,789 $ 493916
REC'D from FEVY. COM. F tNIv. of
IOWA $ JOHNSON COtNlY
143209 $ 51,437
ABSORBED by the IOtVA CITY
GENERAL FUND
48,390 $175,171
OPTION #3 - Self -Sustaining Utility
TOTAL FY 76
76,338 $276,524
PUBLIC 1VORKS REFUSE ROUTES
(Not Subject to charge) 10,826 > $ 39,19Q
TOTAL RECD by IOWA CITY from
OTHER COWUNITIES F, AGENCIES
65,562 $237,334,
ABSORBED by the IOWA CITY
GENERAL FUND 10,826
$ 391190
page 4.
Landfill Charges
Option #1, the present system, is
residents since we have evidence
absorbing solid waste charges fo
Iowa City.
i0
clearly :inequitable to Iowa City
that the Iowa City general fund is
r refuse generated elsewhere than
Option tit, while it corrects some of the deficiencies of Option #I
may be viewed as somewhat arbitrary since :it does not fully take into
allowance the percentage of older population, percentage of famers,
amount of industrial solid waste, etc. It is a viable option, but
only if it does not include undue interference with other communitiQs,
such as requiring a hauler to weigh in when he reaches that co,�=utitw-
and weigh out when lie leaves the community. Because some haulers
pick up several communities in a day, the administrative procec{ures
under such a system, and the imposition of Iowa City's rules and
regulations upon another community, would render Option #2 very
difficult to implement.
Option 113 is clearly the preferred option if it is desired to make --"c
landfill self-supporting. As will be noted, under, Option #1, a
very large amount of money in the Iowa City general fund is presesI;t
being used to support the sanitary landfill. Conversion to Option 3'a
would relieve the general fund of this heavy burden. The disa(4='Ia ;c
of this option is that apartments not picked up by the Public Works
Department, commercial accounts and industrial accounts in Ioz,-a City
would receive increased charges from their private haulers since t' -c
hauler would pass on the landfill charge to their customers. inz
would work out to about $3.00 to $4.00 per ton additional charge rvrr
existing rates. The owner of an apartment or a commercial or i,-:::: z: a:
business could deteimine the additional charge by finding out bc'•
tons they are having hauled from the premises and multiplying the,
tons by approximately $3.00 to $4.00 per ton.
If Option 03 were chosen, there would be some delay in implene-,=—..t
such an option since the City has contracts with 13 agencies a-;°.
(7) of these contracts have already expired. at the. present, fivtr
are still in effect, and one (1) is an on-going agreement.
In summary, the present system
unjustified burden on the Iowa
this imbalance to some extent,
the necessary, but arbitrary,
other agencies. Option #3 has
the sanitary landfill to oper
removes a large financial bur
Its deficiency lies in the fa
to Iowa City apartments and co
(Option #1) is placing an unfair —
Iowa
RJP:bz
City general fund. Option #2 co'" 4-^'
but has some deficiencies becw,*+'
determination of a generation rat:
many strengths in that it will Ax
ate as a self-sustaining utility '
den from the Iowa City general l;.•
ct that it will result in increase' ' y'�it
mmercial and industrial busino�;"
City of Iowa City
MEMORANDUM
DATE: October 13, 1976
TO: City Council
FROM: Hard Working flman Relations Staff L t,
i
RE: All Expense Paid Trips
i'
1. I'm delighted you're reading the minutes of the Commission meetings.
2. The Federal EEOC advertised several weeks ago that they would pay f
expenses of local government commission members to conte to St.
Louis
on
tothemoandrthey made aivil Rights determ determination liimithe Ethe7onse was ninvitatiood ng
deferral cities.
3. They cancelled the invitation to Iowa City the first of last week
because too many people signed up and we are not a deferral city.
4. Tom Mann, the new director of the State Civil Rights Commission,
called Linda Ragland toward the end of last week to say that someone
on their staff was unable to go and asking her if she would substitute.
I couldn't think of a good reason not to let herr go.
5. Linda Ragland is in St. Louis for 2 1/2 days for training with the
EEOC at no expense to the City.
from Inl,n 1n1 U.
To Abbie 9'0""8oer lo-il_76nme
City Clerk
Civic Center
Iowa City, Iowa
Re: Baker v, City of Iowa City
Dear Abbie:
Enclosed please find a memo
to me from Tony Kushnir regarding
the above mentioned case. Please
make copies of this memo to :include
in the next packet of materials for the
City Council, Thank you for your
cooperation.
John Hayek
7v..++b pp,M 1
❑ Hep1y+-+C} f/�Grretem 0 See me,
City of Iowa
MEMO
RANDUM
DATE: October 4, 1976
TO: John Hayek, City Attorney
FROM: Tony ?(ushnir, Asst. City Attorney
RE: Baker v. City of Iowa City
I have been informed by the Clerk of the Supreme Court
that the above stated cause of action is due to be heard
today
before the Supreme Court in apProxim-itely 20 months f=m
determination gently it will be sone time before we have a
impoundment and use of the Denver Boot.
Tony Kushnir
a
City of Iowa City
MEM
ORA;I�,iDVI'M/l� + 1
DATIE: October 8, 1976
TO: Neal Berlin, City Manager '
U
FROM: Dennis R. Kraft, Director of Community Development V' j
RE: Iowa Community Betterment Program
ffyy
i'
is
Mr. Paul Comer, the Director of the Iowa Community Betterment
Program, contacted me last week and requested that I s0rve
as a judge to evaluate communities participating in the state-,
wide Community Betterment Program. My participation in;this
program should provide several benefits to.the City also,
even though we are not participating in this program this
year. I believe by judging the programs of 15 to 25 other
communities, I should get a fairly good perspective of what
is being done elsewhere in the State. This should also
me an excellent opportunity to view mangage
y differeexamples
Of citizen -government interaction, and different exampls
e
public relations for Iowa City. I should add also that this
good
program is formally supported by the League of Iowa MunicI
palities.
T'he time period involved for this program would range from
five to perhaps as many seven days. The period of involvement
would start on Sunday, October 17, and would run through
Friday, October 22. Depending upon the number of communities
that I would be required to judge, there is a possibility that
I might have to finish up during the early part of the. week of
October 25th.
I'
All expenses incurred by me during this program would be paid
for by the Iowa Development Commission, and the City budget
would in no way be adversely affected by this activity.
Please let me know if you would like additional information,
about this program.
DRK:sc
s ml
Caty of Iowa Vii,
MEMORANDUM
DATE: October .15, 1976
TO: John Hayek, City Attorney
FROM: Tony Kushnir, Asst. City Attorney
RE: Korshoj v.City of Iowa City Iowa
Iowa District Court
Attached please find a copy of the Findings of Facts, Conclu-
sions of Law, and Judgment filed by Judge Vietor on Octch 13,
1976, in the above cause of action.
The above cause precipitated from the case state of ,Iowa
tate Board of ents v, the City of Iowa cir.,_ i. .
nucanoj rj,lea a cross-�clAim
alleging that due to the negligence of City employees it $uffertd
damages in the amount of $60,000. A hearing on the issue of
liability was held in October, 1975, with,a presentation of evidence
and testimony by both parties and written briefs which were subsq-
quently submitted.
The Court found that Korshoj had a duty by contract to perform
certain obligations and upon its breach of contract to perform it
can not Complain that the actions of the City in attempting to ful-
fill those obligations were negligent or inept. Further, the CoLu t
adopted the City's position that because Korshoj's own broach set
the chain of circumstances in motion, it may not recrover P.ac losses
arising proximately therefrom. AccoLLgly the Court dismissed
Korshoj's cross-petitign against the City.
If you have any questions concerning this mem or the attached
decision please don't hesitate to contact me,
'.Cony Kushnir
C� moo/
Ste' I b
IN THE IOWA DISTRIC1 COURT IN AND FOR JOHNSON COUN'T'Y
STATE OF 1011A and '1111.
STATE BOARD (A -
plaint if fs
A Plaintiffs w
vs. -
r: VQ _
CITY OF TOWA CITY, 10WA and �-v
KORSHOJ CONST RUCTIO\ CO., INC.,
Defendants.
CITY OF IOWA CITY, IOWA,
Third -Party Plaintiff
VS.
H. ROBERT VVENSTRA, .JAMES W.
KIMM and VI:I:NS'rRA t; KIMM, A
Partnership,
'third -Party Defendants.
Law No. 42100
FINDINGS OF FACT,
CONCLUSIONS OF LAN,
AND JUDGMENT
The liability issue only, presented by the Cross -Petition of
Defendant, Korshoj Construction Co., Inc. (hereinafter Qorshoj")
against Defendant City of Iowa City, Iowa (hereinafter "City")
was tried by the undersigned judge. (The original action by
Plaintiffs was previously settled.) A Third -Party Petition f.iLed
by City against its engineering consultants, H. Robert Veenstra,
James W. Kimm and Veenstra F Kimm, A Partnership, (hereinafter
"V and K") was separated for later trial, if necessary, by agree-
ment of all. parties. This Third -Party Petition seeks indemnity
or contribution in the event City is held liable on the instant
Cross -Petition. It becomes moot as a result of this Decision,
Korshoj has treated as Plaintiff for purposes of this
trial. It was represented by .John Nolan of Iowa City and .John
R. Phillips of Des Moines. City was represented by Robert C.
Tilden of Cedar Rapids and Anthony Kushnir of Iowa City. Evidence
was received, oral arguments were presented and written brief;;
were subsequently submitted.
-2-
I I?l IIINGs 01? 1_A(_I'
LiIy, :i omni c•i1,111 c•orporat.iwl, rcLaincd enF!i.noirs, V and .C;,
ition to its water treatment plant. The
to design an add`a
contract for these professional services, dated March 21, 1$69 -
called for both desiF*•n and on - site �uperV'ision of construction`,
Pursuant thereto, V and K prepared detailed plans and spat fie �
tions and let the job out for bids.
Korshoj bid for and got the fixed -fee construction contract
after an on-site inspection by its representative, C. E. Mayer,
consul.Lation with tice plant superintendent, Cleo Kron, and
review of the plans and specifications and other contract docu-
ments. Construction was begun on or about July 7, 1971.
The plans and specifications prepared by V and K, upon which,
Korshoj bid the project, did not disclose the existence of three
concrete -encased electrical conduits four inches in diameter
running underground parallel to and about four feet west of the
east property line of the water treatment plant. This bank of
conduits was Owned by the University 01 Iowa and contained high
voltage wires that served certain of its buildings. This concrete
encasement extended from the public street along the south
property line to a m anhole near the northeast corner of the
It was sunk at
property, a distance of approximately 125 feet.
a depth of about four feet from the surface to the bottom of the
encasement and was rectangular in shape with dimensions of
approxi.matcly 30 inches in width and 18 inches in depth. This
was a common means of Protecting such underground electrical
wiring.
Many underground conduits are not of record.
Although the existence of the above-described concrete -
encased conduit was not disclosed by the plans and specifiGa-
-3 -
tions, Korshoj hint actual knowledge of the existence and location
of this underground obstruction prior to entering into the
construction contract. The water plant superintendent, Cl'do. �l
CD
Kron, told Korshoj's construction foreman, C. E. Mayer, of ahe
ca
conduit and •.pecirically pointed out its location to -him during,
a general site inspection by Mayer made to familiarize hihisglfe?
t.J •J rQ
with the project before bidding it. `u
When the encasement was eventually uncovered during the
course of excavation for the construction of a new clarifier,
Korshoj promptly and emphatically refused to assume any responsi-
bility for its removal or protection and discontinued work on the
excavation, leaving it to City and V aiiK to work out a solution.
Representatives of the University insisted that its underground
conduit be protected rather than even temporarily removed so
that there would be no interruption of electrical power to the
University's buildings. Throughout the discussions that followed,
Korshoj took the position that it had no duty to remove or
protect the conduit because it had not been shown on the plans
prepared by V and K and refused to proceed with construction until
others moved or protected it.
Various alternatives were discussed by V and K, the
University's representatives and City's engineering department.
Korshoj refused to participate in these discussions. One of
the alternatives suggested was to make a vertical cut for the
east wall of the clarifier excavation just west of the conduit
so that it would be left with vertical support by the dirt
directly under it. However, this would require driving metal
shoring into rock to prevent cave-ins. Korshoj was approached
with this alternative but refused to install the shoring unless
City agreed to pay it extra for doing; the work., estimated at
LJ
-4-
L _J
i
t
$12,0011. Ultimate:l.y, tilee.rst w.cll of Che excavation for the
clarifier was cur by Korshoj at about an 11° angle from the
I
vertical (rather than 22.5° as originally intended) which
brought the top of the excavation to a point a few feet east:o:€
the conduit. By steepening this angle of cieclinatiori, Korshoj
provided Borne,but not enough, vertical support under the il
encasement for the purpose of holding it in place and pre_VAMtin�
it from sliding into the excavation. It did nothing else to
,I
secure it. To provide further support for the conduit across
i;
the excavation (a span of approximately forty feet), City's engin-
eering department caused two telephone poles to be spliced
together to a total length of about sixty feet. This was then
laid across the top of the excavation parallel to and directly
above the concrete encasement. The two were then tied together
with approximately eight wire cables spaced about five feet
apart. This temporary support was characterized by Mayer, in
his project diary, as a "Fred Flintstone Special." Both Mayer
and Harold Wright, Executive Vice -President of Korslioj , 1y116 had
made the decision to refuse to proceed, were of the opinion that
this installation was so inadequate that it was certain to
collapse eventually. Yet they did not express their opinion until
after the "Fred Flintstone Special" did .in fact slide into the
excavation and collapse during a severe rainstorm on November 1,
1971.
The refusal of' Korshoj to protect or remove the conduit and
to proceed with construction was unjustified under the circum-
stances and was the initiating cause and a proximate cause of
its claimed additional expenses now being sought from City.
0
-s-
0
Thrl contract hrt cen Pity and Rorshnj contains the follow
tng relevant provisions:
General Conditions.
6-0.1 Safety: Precautions shall be exercised at
all times by the contractor for the protection of
property. . . .
6-07 PROTECTION OF PUBLIC AND PRIVATE UTILITIES:
The Contractor shall support and protect by timbers
or otherwise, all pipes, conduits, poles, wires or .
other apparatus which may be in any way affected by
the work. If, throughout the Contractor's opera-
tions, any of said pipes, conduits,poles, wires or
other apparatus should be damaged, theyshallbe
repaired by the authorities having control of same
and the expense of such repairs shall be charged to
the Contractor. . . .
6-08 DAMAGES TO EXTS'1'ING IMPROVEMENTS AND UTILITIES.
Underground utilities of record will be shown on
the construction plans insofar as it is possible to
do so. These, however, are shown for convenience
only and the Owner assumes no responsibility for
improper locations or failure to show utility loca-
tions on the construction plans.
The Contractor shall take adequate precautions to
protect existing . . . utilities . . . and structuress
and to avoid damage thereto. lie shall at his own
expense completely repair any damage thereto caused
by his operations to the satisfaction. of the Engineer,
except as otherwise provided in other portions of
these Specifications.
t. •r. ;t
Detailed Specifications.
-Contract One -Part 4_fixcavati0n, Backfill and Site
Work
3.3. Provide sheeting, shoring and bracing whcre
required to hold walls of excavation or to protect
structures or utilities; sheeting for structures is
incidental to construction.
x x x
10.1 Contractor is fully responsible for any
damage to utilities during construction; . . .
CONCLUSIONS OF LAW
1. The concrete encasement was both "conduit" and "other
apparatus" as that term is used in Par. 6-07 of the General
Conditions of the contract.
2. The conduit was a "utility" as that term is used in
Paragraph 6-08 of the General Conditions and in Paragraphs 3.3
-6 -
'Md Illi of Parc 4 of the Detailed cpecirications of the contract.
3. Under the teals of the contract, Korshoj had the duty
to support and protect the underground conduit. Its contention
that the size and weight of the encasement takes it out of the
category of. "conduit" or "other apparatus" contemplated b),_the`;:
parties leas no merit, especially in light of b1ayer's tes:i�tGny�,
that the protection of underground electrical conduit by enSasing
it in concrete was not unusual.
Q. Because Korshoj had the duty to support and protcG't IXe
underground encasement and breached its contract by refusing to
do so, it may not now complain that the action of City in attempting
to do so was inept or negligent. This is especially true since
Korshoj looked on in silence when the allegedly inadequate
protective measures were being taken and, in fact, to some extent
participated in the project by altering its intended angle of
declination for the east wall of the excavation so as to provide
a modicum of vertical support under the conduit.
5. Any additional expense to Korshoj caused by the collapse
of the "bred plintstone Special" was initiated by and arose as a,
direct and proximate result of its own breach of contract. If
it had not wrongfully refused to install shoring without additional
compensation or if it had taken other measures to protect the
conduit, as it had a duty to do, it would not have been necessary
for City to attempt to do so itself.
G. Because Korshoj had actual knowledge of the existence, and
location of the conduit before bidding the project, it will not
be heard to contend that it was entitled to ignore that knowledge
and be paid extra for protecting and working around the conduit,
The contract contemplated the possibility of such oversights,
-7 -
and inaccuracies; and placed the risk of such upon the contractor.
In thi, in.tance, the exact nature of that risk was known to and
assumed by Korshoj.
7. Korshoj had the duty to do whatever was necessary to
protect the underground conduit from damage without additional
compensation and was in violation of its contract with City w71en
it refused to do so unless additional compensation was.pa:id.,--i i
8. Because Korshoj's own breach set the chain of Citcumstancesi
in motion, it may not recover for losses arising proxim'It:ely
I�
therefrom.
JUDGMENT
It is the judgment of this Court that:
(1) Korshoj's Cross Petition against City be, and the: same
is hereby, dismissed;
(2) The Third -Party Petition of City against V and K be, and,
the same is hereby, dismissed, the claim asserted therein now being
moot;
(3) The Clerk shall tax the costs of this action to Korshoj.
Dated this 13th day of October, 1976.
C3 G
[ JUDICIAL DISTRICT QF
I01VA
0
WILL J. HAYEK HAYEK, HAYEK &
HAYEK
JOHN W. HAYEK ATTORNEYS AT LAW
C. PETER HAYEK 110 EAST WASHINGTON STREET ARE;I'�1
IOWA CITY. IOWA Iige9,S
52240 3:1$-9006;
October 12, 1976
The Honorable Mayor and
City Council of Iowa City ��� ' ��7
Civic Center .361E SITOLFllI
Iowa City, Iowa 52240 CITY ��LERK
Human Relations Commission
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Mayor and Council Members and
Members of the Human Relations Commission:
Attached you will find a memorandum dated October 6, 1076, by
Angela Ryan, Assistant City Attorney, concerning jurisdiction over the, '',
University of Iowa, This memorandum has been prepared by the Cityls
legal department at the request of the City Council and the Human
Relations Commission.
Specifically you will note Ms. Ryan's conclusion, with which. I
concur, that the City does not have jurisdiction over the University Iowa with respect to discrimination complaints. Ms.
be ha y of
happy to discuss this matter with Ryan and I would
you further if you wish,
JWH:vb: l
Enclosure
cc: Mr. Willard Boyd
Respectf 11 s bmitted,
a W—
Joll, ,W, Hayek
r
r
s
5
t
k
v
y
DATE: October 6, 1976
TO: John Hayek, City Attorney
M
FROM: Angela Ryan, Asst, City Attorney
RE: Jurisdiction Over the University of Iowa
{
FACTS
In different contexts, the question has frequently arisen;
whether the Ci
University of Iowty
Iowa City may exert jurisdiction aver the
QUESTIONS PRESENIM
upon aco•Has the Human Regions C ssion the authority to �
be the respolndentof disci' in which the University
would
2. Has the City jurisdiction
areas? over the University in other
CONCLUSION
1 • The State Merit Commission
primary jurisdiction over theetive a Board of Regents have
discrimination complaints against r employe to deal with
municipality has no authority the University; therefore,. a,
University. to in}oase conditions upon the
2• Great deference is given to the unique status
and other state given or the courts will not be all of a university ,
with its control and management unless aaed to interfere is
authority. Under the principles of sovereignty, of Regents exceeds its
agencies are not subject to municipal the state and its �-
mental function. Pal control when Performing a govern -
DISCUSSION
The Constitution Of the State
"The educational and school fundof Iowan Article IX, 91 states.
and management of the and lands, shall be under the ontrnl li
the -legislature aGeneral Assembly of this State." r
of Regents. delegated the control of the Universities tCC app 262 ji
of Regents shallnmakee Pier and duties enumerated in 926 ,9 the Ekx?rd I!
rules for admission to and for the graverBoard' I'
Of said institutions, not inconsistent with the law 1,
and control the property, both real and personal ` they shall manage
institutions; and perform all other acts necessary and
dngincj to said
execution of the
states that powers and duties conferred by law upon
for the
the Board of Regents shall also have and Pon i . 9262.12 t
Powers necessarSr and convenient for exercise all the
of its office and of the effective administration �f
the institution under its control.
In some areas, the municipality clearly does not have ju isdicl on
over the university. 9262.68 sets the speed limit onincti (tionyI grounds
controlled by the Board of Regents, and 8326269 gives them the power to
.
control traffic and parking on institutional grounds. 9103A,10(2).(a) makes
the state building cede applicable to all. buildings and structures owned
by the state or an agency of the state. The cases in which municipalities
have attempted to exert control over a University have primarily concerned a
city's atteapt to apply its building code and regulations to the constructi[
and maintenance of state universities and institutions. The courts dove
uniformily held that the Board of Regents is 'vested by the State ConStituticu�'i
with the general conduct and supervision of the State University and that; it j
must be free to perform a governmental function free of the control a#d
supervision by a municipality within whose corporate limits tile states agency i
must act. Board of Regents v City of Tete, 356 P.2d 399 (1960)-, Kemp
Institution for Education of Blind v. City of Louisville, 97 S;X. 402'(1906),
Section 19A.3(6), of the Code of Iowa, states that all employees with
the Universities are under State Merit System with the exceptin of al
presidents, deans, directors, teachers, professional and scientific.personnel!
,
and student employees who are under the jurisdiction of the State .Board of i,
Regents. The rules and regulations adopted by the Board may not be inconsis_i:
tent with the objectives of the Merit Employment Act and are subject Ip i,
approval of the Iowa Merit Employment Commission. If at any to th�.directoz�,
determines that the Board of Regents merit system does not c�gM th(wit'! the rob!
of the merit system he, subject to the approval m. the commission, shall have �'
authority to direct correction thereof and the rotes and regulations of the
board shall not be in coag�liance until the corrections are made. 919A.3(19).
As to employees who are under merit system at the University, there is., i.
apparent coexisting responsibility in the area of discriminatory practices
contained in Chapter 19A,State Merit System and Chapter GOIA,Civil Rights
Commission, Code of Iowa.
I
Chapter 601A states:
"601A.2(5) Definitions provide: 'Eaployer' means the
State of Iowa or any political subdivision, board,
commission, department, institution, or school district
thereof and every other person employing employees within
the state.
"6012A.5(2) Enumerating duties of the Civil Rights Cawdssion
provides: 'To receive, investigate and pass upon CaTplaints
alleging unfair or discriminatory practices.'
601A.7(1) In defining 'Unfair E<nplo
'It shall be an unfair or discriminatory
Practices' provides:
a. Person to refuse to hire, accept, register, lassiffor y,y
or refer for employment, to discharge any emoloyee, or to
otherwise discriminate into
emp yment against any applicant
for employment or any employee because of race, creed,
color, sex, national origin or religion of such applicant
or employee, unless based upon the nature. of the oceupa�
tion.' �'
"And 601,,5(9) provides: 'To cooperate, within the limits.
of any appropriations made for its operation, with other
agencies or organizations, both public and private, whose
Purposes are consistent with those of this chapter, and in
the planning and conducting of programs designed tp
eliminate racial, religious, cultural and inter -group
tensions.'
"Whereas, the Merit Act provides:
"19A.18 'No person shall be appointed or promoted to, or
demoted or discharged from, any position in the merit
system, or in any way favored or discriminated against
with respect to employment in the merit system because
of his political or religious.cpinions, or affiliations
or race or national origin or sex or age,'
"And, 19A.22: 'The provisions of this Chapter, including
but not limited to its provisions on employees and posi-
tions to which the merit system apply shall Prevail; over
any inconsistent provisions of the Code and subsequent
Acts unless such subsequent Acts provide a specific exengar
tion from the merit system."
Chapter 19A establishes the means by which the merit system May deal with
discriminatory practices in the covered agencies, First, the director may r
suspend, reduce or discharge an offending employee if there i "
Since discrimination within the merit system ispecifgcod Cause."
sically prohibited,
919,.18, Code Of Iowa, a finding of such illegal practice would certzunly j'
constitute good cause for the director to suspend, reduce or o�iischarre the
offending subordinate, Second, the director of the merit system may
It any other lawful acts," s19A.8(9), entirely at hisa
ovih discretion,
in furtherance of the broad purposes of Chapter 19A. Finally,, pursunt to
919A.20, the director of the merit system or anyone else, may file to int;
alleging criminal violation of the provisions of Chapter 19A and, in particu-
lar, 919A.18.
On December 19, 1972, Attorney General Richard Turner issued an Opinion
stating that it appears that the legislature intended the merit system in
have PrimZYy responsibility to
for eliminating discrimination within covered
departInts and provided the means for doing so. He stated that the erectlegiatui
also intended for Chapter 601, to apply to the state. 1141i.le the civil, rights
commission may function as a safety check on the eeplop t practices of the
merit system, its responsibility has been superseded, but not eliminated, by
the more recent expression of legislative intent, 919A.22. If an,instance of
discrimination should arise which is not acted upon from within the merit systei
however, that an aggri
the civil rights commission may prosecute the violation, This
eved employee could bis not to say,
his complaint with the civil rights commissiy-pass the merit system and lodge
on or being dissatisfied with haw
he fared in appeals to the appointing authority and the merit egploynent
commission present his case de novo to the civil rights, ccmmiss�;on. Tte latter;,
agency is not constituted to second guess ttie merit employment commission
at
to serve as a third level of appeal from the merit commission decisions;, Under
s19A.4 review of such decisioor
ns is obtained by way of certiorari decisions
the
district court,
i
0 i
The rules and regulations of the Board, of Regents are set out in the
Iowa Administrative Code with provisions for a hearing and axppeal. On,
.lune 15, 1970, Attorney General Richard Turner issued an Opinion stating that
the rules of the Board of Regents establish, informal and formal appellant
procedures providing for final appeal to the State Board of Regents in cases
of dismissal, suspension, demotion or an alleged act of discrimination.
While there have been no Iowa cases which define the parer of: the(Board
of Regents, other jurisdictions have held that the university has a unique
status as a constitutional corporation. Very substantial deference is,lto be
accorded the gove=ent authority of the regents by other state agencies and
the courts. Regents of University of Michigan v. Michigan �t.Relaticn
Conmission, 195 N.W.2d 875 (1972); Bailey v. University of Minnesota, '187
N.W.2d 702 (1971). Courts may not interfere with the board of regentsz of; a
state university in the proper exercise of its functions in governing the
affairs of the university. A case may arise where they have exceeded heir
authority, but any court action must be limited to a remedy of that particular
abuse. A court may not assume continuing jurisdiction over the authorized.
uses of the property, facilities and endewmants of the University and issue
orders related thereto from time to tore as may be appropriate. Bailey V.
University of Minnesota, supra, p. 704.
Principles of sovereignty require that a state or its agency performing a
governmental function be free of municipal control. McQuillin €115.31a,
Since a municipal government is but an agent of the state - not an independent
body - it can never have superior authority to the state over the latter,'s
own property, or in its control and management. Board of Regents v. City of
Tempe 356 P.2d 399, 404 (1960).
In City of Boulder v. Regents o£ the University of Colorado, 501 P.2d
123 (1972), the court held that a city, even though a home rule 'city, has, no
power to interfere with the management or supervision of the ac#vities�of
the University. If the City were allowed to impose duties on the University,,
such duties would necessarily interfere with the functions of the state
institution.
.I• .�1 a .,
ED_uCNC CENTS ¢c R 10 F. \tiAgV,�q�.y,y��n�iJ/�yIOWA CIN lava 52+aaa71435¢•7800
.
October 14, 1976
Terry Jackson and Patti r}onserud
1041 E. Burlington
Iotra City, IA 52240
Dear Terry and Patti:
Thanks for your letter to Mayor Neuhauser about the future of our
mini -parks.
The current plan for downtown development provides for the deyeloD-
ment of pedestrian -oriented green space, The same elements which
make the parks so appealing will be incorporated into the pedestrian
greenways so that they will, hopefully, fulfil
as the parks. l the same function
Please call me if you have any questions or if you would like to
see the proposed plans for the downtoum area.
Sincerely. yours,
/llBNNIS 6. SHOWALTEiR
/Director of Parks 6 Recreation
DES:ef
y � u •+� CINQCENTER, att7, c:lYAyy};O70N 'I
I��• 1.�„ s �t� rte/ Y�t'i� i`/' ��/ mwa szr:o �i
X aiaaeteco
Icva azr,
T•w„ utr
October 15, 1976
Dr. Adrian Hogben 1
910 Rider Street
owa City, Iowa 52240 _ {
d
.Dear Dr. Hogben:
This letter is in res orise to
1976 P Your c°rrespondence
regarding the tornado warnin dated sentembe_• 23„
that efforts were made in adv g siren. S Would
be installed o ante to like to assure you
Ort the %incoln school apprise you that a siren Mould ;.
appeared in PropertY. Several articles
their ne7Yspaners and local television
-r features on the sire, -u_ Also,' pir. S v -.r
home be stations carried -} '
Eore the siren was erected_ Mien he
Personally visited' your' is .
on vacation, he left his business c n he 7•ras told
Your return. arcl so You were gb e j
You could contact him, upon
i.
Saith respect: to your concern over the siren being hazardous to jrour
-- hearing, htr- Struve contacted the
._Your particular circ wren manufa°curer and reviewed
that the siren in mctances with them_ The mantrfact
question was correct? urer concurred J,
-,any inhabitants of your home an iY installed to avoid c J
siren has been Y Permauent hear%n causing
beam will be directedlover and 3cleart height so that
The
t the main sound.
itself revolves at 3.5 r, the top of your home_. Th
beam. This me P•m• and emits a very directional e Siren �
aas that the main sound beam will not be continually
:=directed over nal. sound _•+F
` directed in your home, but rather'it-will it only will he Your direction. luso, during testing, thete ttentlY • {;-
i.nclividually tested for only 30 seconds each, -sirens two tortes _
Of the siren's height, the revolving, the dire;
short duration of so The combination
and will cause a less thanchazarSound, and the
the sc,.:nd. ,
Posura to
In order to insure that these conditions
like to set up a test at cite°ns are, .in fact,'the
sound level readings would be dome_ Duringthe case, we F�uZ ii
taken- The Stateeltt:ing of the sirery,
agreed to assist us with the Hygienic is
would also like to test and evaluation oft eadings. has
have you and any other f o readings_ �qa
persons °,, your household take
Dr. Adrian Ilogben -2- October 16, 1976
i
audiograms. This would allow you and the City to establish present
hearing capabilities. If you then suspected a hearing loss in subsequenk
years, comparison of future audiograms would assist both of us in
diagnosing any suspected loss. The City would pay for the cost of
audiograms performed at this time. !
I would like to inform you that a test of the siren system will be
performed at 10:00 a.m. on Tuesday, Octobar 19, 1976, ,The system %s
now complete, and this test will determine if the contractor's word: is ;I
to be accepted. Future tests of the system will be held at the regular I
Civil Defense test time of 9:00 a.m. on the first Monday of each month.
II
We are certain that no hearing damage will be caused you or member
of your household, so we will proceed with the testing of the siren_ 4
Since we are not able to schedule the sound meter test at your homy;
on October 19, 1976, we would like to know from you soon if it would ..
be possible to arrange for a sound -meter test at 9:00 a.m., Monday,
November 1, 1976. Please contact tor. Struve about the sound meter
test and audiograms at your earliest convenience.
- I
-I
Sincerely,
Neal G. Berlin -
City Manager -
NGB:bac
cc: Tom Struve �.
City Council 4 <
.�I
COMMC CC
CIVIC CENTER 410E WA$MINGTOpj SL
I
r I0VA CITY, ICWAS2240
• 31$354.1800
IOY4\,CITY, ICWA•
} W * LD t
October 11, 1976
Ms. S. Winifred Morgan
115 North Gilbert
Iowa City, Iowa 52240
Dear Ms. Morgan:
i
Mary Neuhauser has referred your letter concerning the traffic
problems at Jefferson and Gilbert to Public Works.
scheduled for traffic signals in the Su
We are pleased to report to you that this intersection is
mmer of 1977. We will be
using 70% Federal money and 30% local money.
e
reay
�
rd 1�
Director sono
Public Works
RJP:bz
cc: City Manager
City Council
City Clerk
f�
• PALS PROGRAM
Quarterly Report
October 1, 1976
NUMBER OF MA
f r ie r . . `t T,. t, f
Bis matched with male volunteers
1-21-76
7-1-76
10-4-76
19
35
3:3
Boys matched with female volunteers
Volunteer withdrew
3
4
Girls matched with female volunteers
8
20
26
Matches currently awaiting introductions
4
TOTALS
2
TOTALS
27
60
65
Average length of currently existing matches is nine months.
TERMINATIONS
Child Moved
1st F 2nd
Darters
Current
Quarter
2
1
Volunteer Moved
3
5
Volunteer withdrew
4
2
Parent Re -married
3
2
Inappropriate Match
1
4
TOTALS
13
10
Average length of matches terminated this quarter was 4.8 months.
WAITING LIST OCTOBER 1
TOTALS
AGE
# OF BOYS
# OF GIRLS
6
1
1
7
6
8
1
9
3
3
10
4
11
4
12
1
13
1
14
2
22
5
There are also three girls and eight boys awaiting interviews and considerations for
acceptance.
March.
SERVICES THIS QUER
1
There have been four two session orientations for volunteers. Attendance,
over the summer was very low with women out numbering men three to one, j
There was one meeting for matched volunteers this
active volunteers in attendance, quarter with GSq of
i
A pot luck was held for parents, children and board members with thirty
people in attendance.
The coordinator attended a 3 day Big Brother Agencies Conference in
Wisconsin.
The Board of Directors is meeting regularly on the last Wednesday of each
month.
Board committees have been established for publicity and recruitm
finance and activity programming. ent,
Stronger emphasis is being put on serving children from single parent
families. Children from two parent families may be a1ccepted only upon special
consideration and approval by the Board of Directors.
I
0
a
ME City of Iowa City
MORAIVDuX1/1
TO:DATE: Octobeh 110 1976
NeaQ BenCi.n, City
�^^�J ��R11Rgelr,
FROM: Robeht P,)
Keating, FiJee Chie6.c%%�/�
RE: Septembeh 1976 - d{on,t4ty Repoht
SEPTEMBER ACTIVITY
The Iowa ez tC ing the motitlz oAuponded ,to a .totme o6 54
emehgenei.ea d
owaingQe 6�t QOaa 06 $270000.006occ ied�c� aThe t',tgo a
uae 6e at 320 TaS# SpeeY. 6
6dke waa town at �e6 the 6i4e eweed. The o Ohig o6 the
ehe out
y eheo and hadi.o equipment.
equipAnOthment,
d, Wa4 tea goat, .that o6 up q.tadGnq Suce 6.ightcng.
eq ewput, waa beached cuher1 eowseif approved puhchaae o6
a nein pumpeh.
Appt.canta wehe .i.n-ten.viewed dulting the. paat month to 6i CC
a vacancy within .the depa&t�nen.t. A aeeecti.on taW be
made .in .the neap Satuhe.
On Sep.tembeA 21 an examination was had Sot the poaition
06 Fute Mahaha2,
The State le Mahahat.,a 066ice conducted a ,thaee-day
e2at Center F e Station. The eCaya
andada phoved.to be, very bene6.ieiae. wad weZC attended
FUTURE ACTIVITY
FLU Phevention P-tog4aWcu U be conducted du4ing Fine
Pheventtion weep OctObeh 3 .thhough 9. pemonatv�ationa and
-taeka have been Scheduted Soh aeQ schoft
s.
Ile 6o col oS aCZ pahochiaC and pubCic echooQa �uiZe be
Ile So4tatuing Ferre Phevention week.
In-Sehviee thi4d quaateh Ina e
Hope6�y we WLU be abCe toinSpect aora wie niverta
continue.
bu edinga by .the end OS .the up -coma gmon thity
MONTIILV REPORT'
FIRE DEPARTIIENT howi4 OF S_ �MBER
FIRE DEPARTMENT ACTIVITIES Tills MONTF!
THIS MR TO DATE LAST" YEAR TO; DATE
FIRE ALARILS
ITti'S7`I1C-l7L*TIII'Pl:cIITOIT----F 2--T---- 23;? 16&
EN
EMERGENCIES
55
43 li
7
54
449'
TIONS�
376
1402
0
10 is I
CLASSIFICATION NO. TNIS —"
F FIRE ALARd1S MONTH LOSS THIS MONTH VALUATION LOSS Tills YEAR
0 ll' 0
USE OF EQIIIPMENT THIS MONTff THIS YEAR Tf1IS ¢10NTIf THIS
mr_ 6r AT FIRES AT FIRES AT DRILLS �r n
0
LAST
0
Firee in Buildings
..UMuer
10
list Ia>`
lies
$59,049.00
Fires in Motor Vehicles
8
11
5,227.257'
4B
Fires in Rubbish
Other Fires Outdoors
1
.00
29
7
.00
51
Malicious hlse Alamo
Other False Alarss
7
.va
36
6
.00�
•12
Apartments
i
00
22
Dwellings
••�•.
4
3
38, 000.00
33
Hotels - Motels
0
-- �---
.00
0
Other Residential
2
21,000.00
14
Institutions
---
3
49.00
8
Schools — Colleges
0
"--
.oa
2
Public Assembly
p
.�
.00
3
Stores — Offioes
.00
16
Manufacturing
p
-o•••
.00
2
Storage
0
00
2
Misoellansous
0
.00
5
DA" SEPTEMBER
TOTA1 TO DATE
ber lot Loss
0 X35$,230.11
?7:,747.65
00
1!,1525, oo
.00
00
/1,09.00
83,:424.11
.00
22,533.00
20,2;70.00
200, 105.00
.00
13,354.00'
2$4.00
21,50..00
C
TRAINING REPORT •
Shift #1
No.
of Hours
231
--
No.,
of Drilla
37
Shift #2
No.
_
of Hours
236
--
--
No.
of Drills
44
Shift #3
No.
of Hours
246
No,
of Drilla
46
TOTAL NO.
OF HOURS
717
--
TOTAL N0.
DRILLS—^
127
NQUIPI-TII4T AT DRILLS
4" flose
600—
Truck #354
10
3" Hose
600
Car # 350
11
2.11 Hose
700
Truck #361
3
1,P Hose
800
-------------
Truck #362
12
Ft. of Booster
300
Truck ;363
5
1 t. of Ladders
72
Truck 1'6364
7
Times Pump Used
18
Truck #365
6
Nozzle Lines
18
Truck At366
14
Other Minor Equipment
Truck #367
9
—
van #369
9
The Thain.ing Ob6icea. and FiAe Department 066icm conducted 127 VA" duAiIng the month.
The 64ne6ig enA heeeived a totat 06 717 mart howtz 06 .inztrutction.
Owe appn,entceedhip pnogum had been moving atong
committee membehA. vehrl weWith the co-openatian a6 our.
One o6 ouh t2 eommWee membea6 SeeAe>ta y Nate Hopkins had an ezcettent
arc icZe pubti,6hed in .the "Iowa P,%o6es6ionae FiteWh-ta' magazine, on ouh .taro. nWptiognam
Thaini.ng 066icen was .invotved .in 6ocut 6d4e negotiating meetings on the 6,�Aebighteu contAa
Attie .inspected and signed eehti6ieation 60h 3 day -cake eenten6.
InApeeted and gave app4ovae 601t gas undehgnound storage ,tank. At6o .inspected three;Aentat
units with code en6oncement peneonne.t.
Some o6 .the va4iouz dVtt6 that .the 6ine6igh w pe260runed -this month were pump opeUon
appautus 6am4 artizatton, 6matt tooth, geneutort, chain Aacv, use o6 and evaZutiona tuith
4" hose, use 06 porttabte diAe extingu,isheh.
Aezo had
OAtuni
the
FaiA6ietdFbtepDept. Chi.e6 Stade 6AOm C0402vitterand Lieut�BodeS62om .thheat. the2Cedah apicis
FiAe Dept. wen.e at6o on .this t4aining prtog,%atn•
Ting 066icen acted in .the absence o6 .the fifne Chie6 white he was attendZag the,
Intennationae Fi,%e Ch,ie6's Con6eAenee.
4wre;ice H. Kinney
Tza;ining 'Officsi
• 0
ft Iowa city transit
MONTHLY REPORT
For: September, 1976
Date;
10-11-76
Present
Previous
7
Passengers:
Mo- t3M
Year
Year to
Gh � Date
Previous
Vehicle
156"7bg
Years
n
Ch__ anKe
_
Miles:
42 440
38,581
Passengers
lOg 410,130
348,508
per Mile:
2.9
3.4
_--
j
2.5
2.8
PRO'S -
SEP EMBER
1• September 1 was
with free rides the fifth anniversary of the
for the day, 7691 people used system and was celebrated
2
P the sysbpm on that day.
• 775 monthly passes were sold versus 254 for August.
3. The promotional programof
8 underway.
1 I:
1. Transit Superintendent will attend annual meeting of American
Public
Transit Association.
2• preliminary work on the FY78 budget will begin.
3. Several routes will be overloaded as the weather turns cool.
tow"'Oty
0
HUMAN RELATIONS DEPARTMENT
MONTHLY REPORT
August - September, 1976
October 13, 1976
Placement Activities
Persons hired
Persons
0
1 Senior Clerk -Typist
2 Redevelopment Spec,(PT)
1
r
- Palice.Aepartprent
Accountant
2 Account Clerks
_ Community
y Deve.lo,
- Finance.
1 Clerk -Typist -
Finance
1 Librarian II(PT) -
1 Therapeutic Dec -
Finance
Library
1 Rotating Radio Dis.pec, -
1 Clerk-Typist(pl) Patcher-Police
Parks & :Rec,
Depa:r•tment
1 Equipment Superintendent-
1 Civil Engineer
Police Department
Public Works;
1 Asst.Supt./pollution Contrpubl�q Work,
2 MW I Solid Waste Public Works
9 Bus Drivers(PT) -
-
Public Works
terminated: ransilt
1 Assistant Planner
1 Finance Dept. Director
1 Keypunch Operator
1 Firefighter
1 MW I Custodial
1 Police Officer
1 Radio Dispatcher
1 Engineering Technician
1 MW I Solid Waste
1 Parking Enforcement Att
Persons reclassified or Promoted:
Community Developme
Finance
Finance
Fire
- Parks & Rec.
- Police De.partgient
- Palice.Aepartprent
- Public
Works
- Public
Norks
- Finance
1 Animal Control Officer - Police
2 BusmDrivers time to perm, part time)
(temp.- Transit
1 Redevelopment S Perm. Part time)
1B1 pecialist t
ock Grant) o Progran. Cooroinator
! Redevelopment S - Community Deve :o
ment
(Redevelopment)PeC7alist to Program Coordtinator
Technical Assistant to Community Devel'p m
A
ssistant Planner(PT) R ent
Clerk -Typist to Keypunch- Community Development
Operator
Clerk -Typist reclassified Finance
as Senior Clerk -Typist - Community Development.
Librarian II
(Perm. full time to - Library
Library Clerk Pe1'm 3/4 time)
(perm. full time to - Library
Senior Clerk-Typerm. 3/4 time)
to Clerk -T t/RecQAdmiinistrat;ion
yPist/Records p
- olice DepZrtmegt;
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 2
Temporary employees hired:
2 Clerk -Typists
1 Intern(PT)
- Administration
1 Director
- Administration
1 Planning Technician
1 Planning Technician(PT)
- City Spirit
- Community DevelopmenEj
1 Clerk -Typist
- Communil;y Devo oilmen°I
2 Library Aide(PT)
- Finance
- Library
1 Director
22 Mayor's Youth
- Mayor's Youth
1 Receptionist/Rec. PT
1
Recreation Superviso)(PT)-parks &Rec.
27 Recreation Leaders(PT) Parks 'Rec.
4 Recreation Aides(PT)
- &
- Parks & Rec.
5 Instructors(PT)
2 Swimming Pool Managers(PT)-Parks
- Parks & Rec.
&
7 Lifeguards(PT)
1 Sports Official(PT)
Rec.
- Parks & Rec.
1 Park Security(PT)
- Parks & Rec,
- Parks & Rec.
2 Laborers/Parks
I Laborer(PT)/Parks
- Parks & Rec,
1 Clerk -Typist
- Parks & Rec,
- Police
2 Crossing Guards(Pl')
- Police
1 Sub.Crossing Guard(PT)
- Police
I Engineering Technician(PT)Public Works
.1 Laboratory Technician(PT)-Public
Works i
3 MW I Solid Waste
I MW II Water
- Public Works
- Public Works
Temporary employees terminated:
1 Clerk -Typist - Administration
1 Editor and Research Asst. -City Spirit Project,
1 Clerk -Typist -
1
Finance
Library Aide(PT) -
Library
3 Laborers/Cemetery(PT) -
2
Parks Rec.
Crossing Guards(PT) -
Police
2 Sub.Crossing Guards(PT) -
Poli.ce
3 Engineering Technicians -
2 Summer employees(PT)/
Public Works
Pollution Control -
1 MW I Solid Waste
Public Works
-
2 MW I Solid Waste(PT) -
Public Woriks
Public Wot`ksI !
Summer ee/Water Publi Works
2 Summer employees/Water(PT)Public Works, i
Temporary employees reclassified:
1 Crossing guard reinstated -Police
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 3
Civil Rights Complaint_ Activities
0
Formal complaints: 5 (1 Race/Public Accommodations;,
1 Sex/Public Accommodations;.
Informal complaints: 36 (14eHousing; 20 Emplommentment)
2 Public Accommodations
Cases closed: 2 (1 No probable cause - Sex/Public AccomT,odatiot
1 Administratively closed - Race/Public
Complaints in conciliation:4Accommodations) Race/Employment;
Complaints in litigation: 2 3 Sex/Employment)
We
Requests for information: 30
Westinghouse
Progress on Objectives
Personnel
Objectives: 1.
Continued evaluation of openings as they occur.
Reviewed relationship between rehabilitation
specialists and building inspectors. Also
reviewed job description for buyer.
Completed negotiations on numerous items with
AFSCME after mediation.
2. To_develop a system for erformance
and rol an adeem or lob descrip
eaci emp o—T yee in administerino a me
We are developing a reminder system for perform-
ance reviews from the budget worksheets wh,
will be operational by the first of the yeiich
ar,
Civil Rights
Objectives: 1. To establish revised equal opportunity time tables
an em,p oymen proce.ures or women, minorities.
This objective was completed on September 27 when
the revised plan was submitted to the City' Council.
0
.J
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 4
Civil 1_ Rights (continued)
2.
workable
am
tr
We are developing a format for Urban Renewal
Civil Rights compliance in connection with the
Redevelopment Department.
We participated in an HCDA
Rights compliance seminar
better support services to
this compliance effort.
Collective Bargaining
Objectives: I. To
t
- Block Grant Civil
in order to provide
the departments in
mi
Contract negotiations for a two year agreement
were completed and ratified by the City Council
on August 27.
Negotiating sessions were held on August 2-3
with PERB officials mediating. Tentative ag,ree,-
ment was reached August 3 at 2;00 A.M.
To administer current contracts in a consistent
manner.
AFSCME: Grievance Committee meeting on September 29.
No formal consideration of grievances as per new
contract.
After being unsuccessful in the grievance pro-
cedure and during contract negotiations, the
equipment mechanics tried another method to
induce additional compensation, and refused
to 10.
bring their tools to work on Friday,
Each of the persons affected was suspended for
five days. A total of ten grievances were filed
out of the situation and have progressed through
Step 3.
FIRE: No new grievances filed. Negotiating
sessions were held on September 3, 15 23, , and
Report toaCityetings Councilere washeld twice September 20th.
tiating
forlwagesNonlyiwereces heldiondAugustoo
11, September3s
16, and 24th.
suppleOnt #1 to
ICMA newsletter
nuts & bolts
management informatlork for your organizatlon
DON T WRITE Getting a community to understand the problems of majiltaln.im
BACK, services in the face of ever -Increasing costs can be, one of
SEND MONEY manager's hardest )obs. Frank -Faison, cit
Fla., tried sending a "personal form letter" 'to
to leaderOf
o-F"
Pensai
Pnsacola's industrial and business community-
its attachments discussed the cit ' The fetter ar
lights of the budget situation, The financial status and hig
and Mr. Faison has decided to do the Same othi was via succes
details, contact Mr. Faison at P.p, Box 12910,, this jf a,.Pla
THE SNOWPLOW The city of Ankenv
COMETH .guard which is �� iowa (POP' 9,000) has devised a snowplow 4
snowplow mounted on the lower right-hand corner;of the
P (next to the curb). It. consists of a4: easily.: install
Polyethylene wheel mounted in a retractable frameThee guard
as a guide for the driver and is extremely effective .ellmin
curb breaks and chips. Each curbquard costs $ji0III
Information, contact City , For further
Ankeny, Iowa 50021, Manager Dave Dirks, r{',08 S.W. Third S
WHAT'S YOUR The city of Glendale Ariz., has grown rapidly In popua'ation (E
LINE increase in five years and has also grown to Ii50 employees,
searching for new ways to communicate with inI as
staff, Cl
Manager
OpenVan Line."
Putte started a Pilot, caller! "City
He Office with adirect dial numbe'lfored ausepb recording device,i'n
5:30 P.M. and 9:30 p.m, dally. The tae y city &nPiOYees betw,
Every
messages each night. Anonymous messagesnarenokaydle uPfkdes(red
Every morning, all messages are typed and .given to the, manager i
review. For further information on, the program
Vanacour, Assistant City Manager, Cit of Gland c4 702Z Martin
Drive, P-0- Box 1556, Glendale, ,4riz. 8531:1.
WELCOME
7022: North 5
WELCOME Iowa Cit Iowa, has an unusual arrangement with !its, local unive
-STUDENTS—'j "�IIn-
g_ t re PRou�ss att
provides staff at one of the tab! I'as � t lawe,--ther-c
and volunteers from the various boards and commisginspectors
to answer questionspolice'
provide information and ps,sibiatare avails
transit system, recreation and human relations ng to the
library, city parking regulations and the hWslnrogram, pets, the
the city gets complaints from students about housing def[diencies
This effort in addit
gives students a chance to get to knowi the ccq
the university simultaneously. And they know the cit
them on the same b mnunity
alis as the regular citizens, y Puns to s
contact Neal G. Berlin, City Manager, Cit of i F. more ,informal
410 E. Washington Street, Iowa Cit y owa.City, Civic Cel
Y, Iowa 52240.
(more)
>af lal
city
woonwt
aeoaW6n
IN
C
0
UNIQUE REALTY
ONTFERIN '
FU, MICH16AN
The City of Flint Is seeking a responsible rede•
veloper to undertake the constructgon of 54tl
housing units and related commrrclal; uses on a
42 acre site In Central Flint. Statements of
interest are invited from firms qualified in and
capable of developing under renewal solicitation
conditions. Statements of Interest must be re-
ceived by October 18, 1976 and should be sent to
Mn Edward Haggett, Director of the Department
of Community Development, lull S. Saginaw
Street, Flint, M1 49M. (30) 766iU136,
' ' ' ' • t.ung•term mortpge iwmmitmunt available
.... , alto Minced In "conntructlat•ready^ state
• • • • • All pub"
reads proc/prtvate utlhtten (InehMln` "Ata) and
• • • • ��epen place and reereaeon areas puberty
..... 0" -site education/community comp,,, provided
..... Terms of Ynd offering noxible
Ihis is a Zucholli. project. Note teens listed.
Twenty-two letters of response have been received.
AF.
• 0
A QUAD -CITY TIMES Sunday, Oct. it,1f7{
Davenport-Bettendorf, Iowa
�cott
,
Assessor Ranked No. 1
DES MOINES — The
it County assessor's off -
,ice is the best in the state,
Uccording to a ranking dc-
%ved from Iowa Depart.
Fnient of Revenue records
The ranking, compiled
:by Steven Gold, an asso.
iclale professor of econam.
*s at Drake University, al-
to awards second and third
r
Places to assessors for Io
wa City and Johnson Coun.
ty, respectively.
Cold said the state's 118
assessors (one for each
county and 19 separate as-
sessors In each of the larg-
est cities) were ranked ac-
cording to residential
property ~ales -assessment
accuracy and to the degree
of blas toward low. or
high -valued homes.
The Scott County asses-
sor's office, asses-
h(!
by
Robert Wiese, ranked, first
on the accuracy test, third
on the bias test and first
overall, Gold said.
On the average, the sell.
Ing price of a home in
Scott County (except Dav-
enport, which has its own
assessor) was within 9 per
cent of its assessed value.
"Nationally, 10 per cent
is considered the standard
of excellence," Cold said,
noting no other assessor in
the state approached the 10
per centlhreshho)d.
Ringgold County ranked
lowest with or average
sales -assessment deviation
of 87 percent.
The Davenport assessor
Office was ranked 39th In
the state, with an average
deviation of 19 per cent.
The average deviation
statewide is 23 per cent, he
said.
Gold said the figures
show "an enormous varla.
tion In the quality of asses.
sors. At most, only the top
31 of the state's 118 asses.
sors are doing a quality
job."
lie also concluded that:
— Assessments lead to
be more accurate In urban
areas compared to rural
areas.
— In every assessment
area except one (Cherokee
County), there Is a tenden.
cy to, over -value low -valued
property.
— City assessors dW a
better job than county ,os-
sessors in 11 of the. 19
counties where there ore
both. The Scott County -
Davenport comparison is
the obvious exception.
Gold said,
"In general, howevi;r,
this flies in the face of the
recommendation of the to.
Cal
assess6m, he said
Coit, said he wT
ize ;Cis report
preseit{ it ti) the h
He ,'said the sc
having; better ass
is either a state
or 6p: autotoatic
irotn office of tho
sors,:who fail to no
muni standards
given amount, 0.1111
Tisk
it city,
I and
rnial;
deuce
i". to;
MINUTES OF STAFF MEETING
October 5, 1976
Agenda items were reviewed:
The Director of Parks and Recreation was requested to furnish a
periodic status report on Parks and Recreation HCDA projects.
Councilman Vevera asked about the ownership of the property at Cal}
Court and Emerald Street. The Director of Parks and Recreation advised
that Nis. Hauber has checked into this matter.
The Director of Community Development was requested to follow
inspections of single family residences.
u>p on the
The Director of Public Works was requested to furnish info
Scott Boulevard :incl
owns and what uding a map showing the land the Ci
land we would have to acquire to have 100 ern�ation,on
c renitly
h.
A reminder to the Legal Staff to furnish information regardin .,
liability when inspecting property.
g the City's
The Director of Community Development was requested to check wit T'
Kucharzak to make certain he contacts the assessor to determine the
effect of rehabilitation on taxes. h hke
The Manager expressed concern regarding the publicity about
the rehaailitat
Program. A simple plan should be devised to disseminate this info
A group .from Kirkwood Street attended the Cit nnatxon
that semi -truck traffic be removed from Kirkwood. Tin meetin
Legal Staff was asked to inform the Cit N Tony eetinir of ung
cover this in the new model traffic City Manager as to the the
Provisions; Zvhich
The City Council voted to fund the Iowa City -Johnson County Arts Council
$50 per month from the time the City Spirit grant expires to J'
Councilperson deProsse has information on bike sa£et
Y and pedestrian use
µme 1977
program. She will contact Jim Brachtel
The Director of Community regarding this muter.
Development was requested to learn what, is
going on in the housing rehabilitation program in Waterloo.
171c Council discussed the alley behind Seifferts.
following up on this matter. The City Attgrney is
John Balmer will be absent from the City on October 19.
The model traffic ordinance will be discussed at the October 18 i .
session. The Director of Public Works is to prepare a memorandunn giving
differences between old and new ordinance, informal
The refund to Constance Merker was tabled until the October 12 meeting.
Pending litigation should be added to the in agenda within the.
month,
next
fi s60
The Director of Public Works is to inform the Council the number of
accessible units of apartments that have been built since the law went
into effect in 1975.
Two members of the Legal Staff are now attending the Planning ;and Zoning
Commission meetings. After the initial period of a month, the staff will,
trade off, each attending for a three-month period.
The Director of Community Development and City Manager are to meet today
to discuss the tree planting ordinance to discuss some of the items which
came up at the Council meeting.
The City Manager's office will prepare a letter to the Mayor of Coraly lle
and a letter to the Johnson County Board of Supervisors for the Mayor's
signature asking for recommendations for appointments to the Riverfront
Commission.
The Director of Public Works was requested. to prepare a memorandum
regarding the Scott Boulevard sewer as related to rezoning. Community
Development is to work with Public Works to prepare this information.
I
The department heads were encouraged to utilize additional Mayor's Youth ertployees,.
The City Clerk and Personnel Specialist advised that they could use a helper 11
for general office work.
The City Manager distributed draft material on evaluations for the manager,, it
department heads and division heads. The staff was instructed to review this
material and furnish any suggestions for changes. They were asked to consider
if anything should be omitted, does the material make 'sense, and is the form
univeral in that it can be used for the various employees as indicated,
The use of an evaluation form for the City Council was also discussed. It.,was
suggested that staff members would each evaluate the Council and forward this
evaluation to the Manager who would in turn prepare a composite evouatiom.,
This is the same method which the Council would use in evaluating the Manager, �
with the Mayor preparing the composite.
A memorandum which will be sent to all employees, subject: Titizejl Request for
Service," was distributed to the department heads along with a policy for 4andling,
requests and complaints and a copy of a follow-up questionnaire. The stafJ'was
requested to review this material and furnish comments.
PA
.116121r 5 t OLF U:)
CI -1 Y CLERK
To Plr, 13ea1 Berlin, Cl t1 Zia ger and
Members of the (,iti Council
aefereuce: !, raLi„n of toinado siren on .,incoln, School playground
r-ln sen n the Cit,; "A”a cop` rf h10 lette-
Since lir. ��� -
to or. liuttb.•„ of ct 15th. it Sremn appropriate to nl'rass our
a:; to the 1711•• MonmFer.
reply to the +'�ouril as wcl -
:nfo.,,ration, we ^Ochs,: : r,,•, or a letter we lin.
i'or )'Olt locnLion of
written to the 7oo-:a (lily school beard. .'.aecrib�ilo location
the siren relative. to our home and an alternate locatinn which was,
and is, available on the school plavgroun,1.
`.le welt.n,:;e "r. Berlin's offer to make a direct test of the
:.nun, Level -n or hume when the siren is on operation, 0owever,
'.iris is in,,cod y sophisticated field and it
may require a perst,,. aP
brcatet cr_,,r+-nate than his letter proposed. ye are sure that we
and the :'it; c -a reach a mutuall; satlufartnrr choice of an e_:pert
c,aauct the LesLs. Both of us shall arrange to have nudiog;ans
`obtained in a'vance, in the U. of I. Department of +liclar;nguingy
all male_ same arrangements ter our ,iau;^.liter: waEn the'"
• ;"mo f✓ry .ol lege.
0,1t tl,e Cit" provide assuraL.ce [,+ us, iq the uaf.ortu„ate
-!.at my %,arinB d: ave Shoul+i OcCur, that the City would oe
amu ,', to proviue full coe,pensation. our concern is not
only inr nor family but also for others Ko will occuhylt u_ house
nce, a ptcysictau and hit-
when
irwhen we .,r,� a ay. Next summer, for insl:a
lee ,.r ;inti r, :illlam scan, will he rertlnP our home.
VL ask also Lhat the City provide us with t••_ ratad ouLput •i the
siren in decibels at lUO it. when it is Operating at naxiauta iuLenrity:
'in comment ,,n the remaining joints raised in Mr. ierlinis Letter.
hr. Stru.e made no attempt to contact us this summer in Maine (where
or. HOghu: does research at a marine biological laboratu,•l althorn -A
our sumscr Lena.;ts of ferea our ad.lress and telephone no '
all who ..^..,u;,hc- �n reach us•
We thiol -no inquiry to t e „i+:i” LOlfcnse
Agenth as L^ `a "t>' standards !^r siren 10catie'n would '-.ave >tiee^ "re
apprnprla,..- u,.
Ont. to the mauutacturer involved, whose re�7v 30-a
min,hL expect t he self-servLn,
t. e hon; ,r a r^uturt 1 V .at ; ;Factory resolution of this r1<tter.
Adrian odren D. Anne ROOM
cc: Johnson Coun _ r- ", 1 oby T icector
7
910 Rider St.
I OCT 1 9
tJ
r) ) __
Iowa City,
18 October,
Iowa
1976
.116121r 5 t OLF U:)
CI -1 Y CLERK
To Plr, 13ea1 Berlin, Cl t1 Zia ger and
Members of the (,iti Council
aefereuce: !, raLi„n of toinado siren on .,incoln, School playground
r-ln sen n the Cit,; "A”a cop` rf h10 lette-
Since lir. ��� -
to or. liuttb.•„ of ct 15th. it Sremn appropriate to nl'rass our
a:; to the 1711•• MonmFer.
reply to the +'�ouril as wcl -
:nfo.,,ration, we ^Ochs,: : r,,•, or a letter we lin.
i'or )'Olt locnLion of
written to the 7oo-:a (lily school beard. .'.aecrib�ilo location
the siren relative. to our home and an alternate locatinn which was,
and is, available on the school plavgroun,1.
`.le welt.n,:;e "r. Berlin's offer to make a direct test of the
:.nun, Level -n or hume when the siren is on operation, 0owever,
'.iris is in,,cod y sophisticated field and it
may require a perst,,. aP
brcatet cr_,,r+-nate than his letter proposed. ye are sure that we
and the :'it; c -a reach a mutuall; satlufartnrr choice of an e_:pert
c,aauct the LesLs. Both of us shall arrange to have nudiog;ans
`obtained in a'vance, in the U. of I. Department of +liclar;nguingy
all male_ same arrangements ter our ,iau;^.liter: waEn the'"
• ;"mo f✓ry .ol lege.
0,1t tl,e Cit" provide assuraL.ce [,+ us, iq the uaf.ortu„ate
-!.at my %,arinB d: ave Shoul+i OcCur, that the City would oe
amu ,', to proviue full coe,pensation. our concern is not
only inr nor family but also for others Ko will occuhylt u_ house
nce, a ptcysictau and hit-
when
irwhen we .,r,� a ay. Next summer, for insl:a
lee ,.r ;inti r, :illlam scan, will he rertlnP our home.
VL ask also Lhat the City provide us with t••_ ratad ouLput •i the
siren in decibels at lUO it. when it is Operating at naxiauta iuLenrity:
'in comment ,,n the remaining joints raised in Mr. ierlinis Letter.
hr. Stru.e made no attempt to contact us this summer in Maine (where
or. HOghu: does research at a marine biological laboratu,•l althorn -A
our sumscr Lena.;ts of ferea our ad.lress and telephone no '
all who ..^..,u;,hc- �n reach us•
We thiol -no inquiry to t e „i+:i” LOlfcnse
Agenth as L^ `a "t>' standards !^r siren 10catie'n would '-.ave >tiee^ "re
apprnprla,..- u,.
Ont. to the mauutacturer involved, whose re�7v 30-a
min,hL expect t he self-servLn,
t. e hon; ,r a r^uturt 1 V .at ; ;Factory resolution of this r1<tter.
Adrian odren D. Anne ROOM
cc: Johnson Coun _ r- ", 1 oby T icector
910 R3aer St.
Iowa City, Iawa
18 October, 1976
To: Board of Education, Iowa City Community School District
At the suggestion of one of your members, we are writing to.
object to the present location of the Civil Defense tornado siren
in the southeast corner of Lincoln School. playground, very close
to our home.
We were shocked, upon our return to Iowa City in mid --September,
to find a siren installed only about 30 feet from our home. The siren
is some 70 feet from the second closest house, 919 Rider, and about
75 feet from 923 Rider. It appears totally unnecessary for the siren
to have been placed closer to aU house than 70 feet. If location in ,)
a corner was desirable from the school': mint of view, the southurest
corner (Cider St. at Teeters Ct.) could have been used. •I:n that
location the siren would have been more than 70 feet from -the nearest
dwelling, 80 or more from the next closest and over 100 feet from
any other house in the vicinity (and farther from the school building
than it is in its present location.)
I
._Iadeed, it appears that none of the other 9 sirens in the tornadq�
warning system is closer than 70 feet to any dwelling.
This is not a trivial matter. There is a danger of hearing loss
as well as the impropriety of subjecting one: household unnecessarily
to so much greater intensity of sound than any other duriry the
—�
monthly testing periods.
Can you help us!
Yours sincerely,
L,� 0,,
Adrian Hogben 11. D. Anne Hogbenn t
cc: City Manager
Johnson County Civil Defense Director
city of •
;4�'i i l•.� o
DATE: October 18, 1976
TO: Neal Berlin, City Manager
FROM: Julie Vann, CDBG Program Coordinator �-4 U
RE: CCN upcoming WSUI radio shows
The Committee on Community Needs recognizes its duty to channel information about
ongoing CDBG projects to the general public. We are about to begin the'third year
HCDA-CDBG application process and budget review. It seems appropriate to explain
ongoing programs to the general public before asking; for additional ideas. The
following radio broadcasts will be aired on WSUI for the next four weeks.
6:45 p.m. Oct. 19 "Summary of CDBG and Citizen Participation"
Moderator: Julie Vann
Guest Speakers: Minnette Doderer, State Senate
Tony Thomas, HUD (Washington, D.C.)
CCN Member: Ira Bolnick
(arranged and organized by Bill Dennis)
6:45 p.m. Oct. 26 "Discussion of Park Projects and Architectural Barrier
Removal Program"
Moderator: Julie Vann
CCN Members: Sharon Bonney
Flo Stockman
6:45 p.m. Nov. 2 "Discussion of Ralston Creek Improvement-Plans"�
Possible participants: Dick P.lastino
Ed Frinton ; is
Roxie Haldeman '
6:45 P.M. _ Nov. 9 "Discussion of Housing Rehab Program"
Possible participants:, Julie Vann ' .
Mike Kucharzak
JV./ssw .
0
■I
IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY
COURT -CREST, 1-1C.,
Plaintiff, ) No. It �yP3
;,
v ) :F, -
PETITION -
CITY OF I0:•7A CIT'Z, IOWA, )
A Municipal Corporation,
Defendant. ) -
.c:
7
Plaintiff states-
I. That Plaintiff is a corporation duly incorporated
under the laws of the State of Iowa.
2. That Defendant is a municipal, corporation existing
under the laws of the State of Iowa and is located in Johnson
County, Iowa.
3. That Plaintiff is the owner of the following de -
sbribed real estate, situated in Johnson County, Iowa to -wit..
Deginning at a point on the center line of U -S.
highway 'Wo- 1808.4 feet east of the southwest
corner of the northwest quarter of Section 13,
Township 79 North, Range 6 West of the 5th P.tM.;
thence continuing east along the center line of,
said highway 412.7 feet to the place of beginning,
thence north 0046' East 233 feet; thence east 325:_
feet; thence north 397.24 feet; thence north 890
50' West 537.7 feet; thence south tothe center of
Highway =6, being the south line of the northdest
quarter of Section 13, Township 79- North, Range 6
West of the 5th P.M.; thence East 412.7 feet to the
place of beginning, except the following described
tract to--wit-
From the point of beginning, thence north. 0046' East
233 feet; thence east 125 feet; thence north 397.24
feet; thence west 250 feet; thence south 290.24•feet,;
thence southeasterly 130.80 feet -to a point that'iies
50 feet west and 233 feet north o:� the ooint of
beginning; thence south 233 feet to the center lime
of U.S_ Highway r6; thence east 50 feet to the point
of beginning.
4. That Defendant, acting through its city councils,
has in force and effect an ordinance which controls and re-
gulates Plaintiff's real estate above-described, which ordi.neace;
presently classifies Plaintiff's real estate as R-2, tiro fatily
residence district.
I
C
E
12 -
5. That on June 21, 1976, Plaintiff petitio.^.ed the
Defendant to re -zone the above-described. real estate to
R3A, Multiple Family zone, which petition was denied.
G. Defendant's refusal to re -zone Plaintiff's property
from R2 to R3A:
(a) is arbitrary, capricious, unreasonable and
discriminatory;
(b) F,Tas made without reasonable consideration as
to the character of the area cohere Plaintiff's real. estate
is located;
(c) was made without reasonable consideration of
the suitability of the area for an R3A use;
(d) was made without a view to conserving the
value of property and encouraging the most appropriate use
of Plaintiff's land;
(e) Is not in accordance with a timely, relevant
comprehensive plan;
(f) Is not in accordance with Defendan£'s existing
comprehensive plan;
o ittpose morar_
oerous restrictiUns
(g) operates t
soon Plaintiff's property which is similar in character to
nearby property less onerously restricted;
_-.(h} In confiscatozy aiia constitutes a violation of
ral and stats constitutioxis.
the due Process clauses of the feae
T. Plaintiff has no adequate remedy at law..
gg(EREFORE, Plaintiff Prays that the Court issue a writ
ft'.s real
of mandamus ordering Defendant to re -zone Plainti
estate from R2 to R3A, for other equitable relief as appropriate
and the costs of this.action.
DIVISION II
1. Each and every allegation of Division I is inCorpoX'ated
herein by reference.
1•77'EREFORE, Plaintiff Prays that the Court issue ars t;fl
Of certiorari and declare Defendant's refusal to re -none
Plaintiff's real estate to R3A illegal and improper, for
other equitable relief as appropriate and the Costs of this
actions.
DIVISION III
1. Each and every allegation of Division S is in-
corporated herein by reference. I�
i�
WHEREFORE, Plaintiff ;-Prays that the Court Issue an; it
injunction permanently enjoining Defendant from enforcing it
the zoning classification of R2 upon Plaintiff's real'
I.
estate and that the Court issue an injunction requiring
Defendant to issue building permits for P_3A uses, for ozner
equitable relief as appropriate and the costs of this action:,,
DIVISION IV 'I
1. Each and every allegation of Division I is in,cornn-a+oa
herein by reference.
WHEREFORE, Plaintiff" prays for judgment against-Dzfe:ila
in the su,•n of $168,000.00 as compensation for the effedtLjve• j
taking of Plaintiff's Property without due process; for other ir
equitable relief as appropriate and the costs of this action.'`'
'IMITE -LAW OFFICES
330 South Clinton Street -I
Iowa City, Iowa 52240 jl
By:
ATTORNEYS FOR PLAINTIFF
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INFOIL\IAL COUNCIL DISCUSSION
OCTOBER 18, 1976
1:30 P.M.
INFORMAL COUNCIL DISCUSSION: October 18, 1976, 1:30 P.M., Conference
Room, Mayor Neuhauser presiding.
COUNCILNRMERS PRESENT: Neuhauser, Selzer, Foster, Perret, Vevera.
ABSENT: Balmer, deProsse.
STA,:,mBiBERS PRESENT: Berlin, Stolfus, Schreiber
AGENDA
City Clerk Abbie Stolfus requested addition of two items to the Consent
Agenda, 4.b.2, Minutes from the Civil Service Commission and 4.d.4,
Eligibility for Fire Marshal in Fire Department from Civil Service
Commission. She requested correction on Page 51of October S minutes,
last paragraph, to delete the wording for first: consideration, and
explained that it was the minutes of the October
io� the meeting
bn3nute-,enowd
instead of September 28th. The Deli £sTm'
being typed in columns, will enable them to .be photographed for puO.Llr.-
ation, resulting in a lower rate for this publication.
Councilman Selzer suggested that regarding public.hgarings_or, any matters_
xefexred�y ?comm•, it would be helpful to have a short briefing by
Staff with maps, at an informal session previous to Council consideration,
Other councilmembers agreed. City Aianager Neal Berlin pointed out that
staff and a KZ commissioner are present at formal meetings.
er
Councilman Selzer called
Directorttention of Community Development oncere memo from the riingttheir and
City Attorney and
recommendation to amend Sec. 8.10.40.4.0 so that routine building
maintenance and improvement would ly, eYCept whenout alterations the
to 'the ions
of the e Planting Ordinance apply, P
principal structure increased the floor area more than 10%, or the use
wan changed. Councilman Perrot explained the ComprelTeob em relative tol
nating Committee's concern. Council discussed. the
ewho would el tive tsitaYe
remodeling of a business in the Mall, questioning,
for redoing the parking lot. It was stated that if the ordi a co ca11i1.
to the Mall, it would cost $50,000 to conforms. Councilman
wattenion ouldtsuppo�ttthefordinanceact that don neje o struction.businesses ave no The City arkinManagers He
an be
commented that the staff is working out a process whereby there c
an assessment of the cost impact and enviromental impact of ordinances
to the City. Application to future, and correction of previous p?coblems:
was discussed. Councilman Selzer also
andsnecess.ity for Secned the . 8.1.0.40J.
tree taking place of a parking P give the legal ramifications of
The City Attorney will be requested to g
enforcement of the ordinance at Tuesday's meeting.
AKouncxl nis
ctober 18,
Page 2
Councilman Vevera asked what was being done about Item 17, housing
violations- at 93$ Iweny_e, AvAfter Friday's inspection, word was
started. The City Manager explained the memo noting that staff would
like authorization to seek a temporary injunction in District Court, or
leave the item on the agenda, and the staff will come back.to Council
when it is completed. Councilman Vevera questioned how the 3 units
would be allowed. The City Manager stated that he would check this out,
The Mayor commented that when problems like these arise, it was imporkarit
that people are aiaare that the City Council. is behind this.
Regarding Item #10, Councilman Perret questioned how this application
for rezoning from Frantz was different from the previous application,
It was pointed out that due to the division o£ land, there are not as
many abutting property owners to object. Councilman Vevera cortmented
that at least now the people buying RIB homes are aware ol: where the Rw
zona is.
Councilman Foster discussed the application and license concerning the
mobile home courts as pointed out in Attorney Meardon's Letter,. Item
4.d.3. The City Manager advised that the ordinance was obsolete. The
Mayor noted that although P$Z has had this under advisement for three
years, they wanted it to be part of the whole zoning ordinance. She
thought that the legal department could, be dealing with some issues that
are not zoning related. It was pointed out that the tree ordinance does;
not deal with mobile home parks. Councilman Foster read the provision$,
of the application and the ordinance. The City Attorney will be asked
for a recommendation,
Concerning Item 11, the City Manager was asked if anything had been
worked out with Mr. Glasgow.
yet. He replied he had no answer on that as
City Manager Berlin called attention to the letter sent to nr�Hogben"
concerning the tornado warning siren. He stated that if Council; received
calls about this, they should be referred to, the City Attorney. He did
not have any information on how much the inside tests would. cost. There
have been press releases concerning the tests..
In answer to Councilman Perret's question whether or not the staff had
the capability to e_Ulunt ridge_s. Public Works Director Dick Plastino
commented that although we do have a structural. engineer, the ptoject
cannot be added to the work schedule. There are 33 bridges which would;
take one person several months, the consultant can provide this specialized
type of work in a shorter time period. The: contract was reviewed bit
Legal Department. Councilman Selzer stated that he was more comfortable
when the stamp, "received and reviewed by the Legal Department" was
affixed.
LANDFILL CHARGES
Public Works Director, Dick Plastino, commented that the problem,is that
Iowa City pays for 70 tons of every 100 tons of material that goes into
the Landfill. Ile referred to his memo of October 15, 1976, and discussed
the three options: 1) present system, 2) flat rate billing systE;m, and
3) self-sustaining utility.
�1Cil Di!$cussi0o'
sober 18; 1976
Page 3
Option #3 would take away possibilities of questionable transactions,
but is apolitical bombshell. Councilman Selzer suggested a formula; for
billing developed on a tax -base basis. Councilman Vevera liked
#31 having the landfill pay for itself, like the sewer and water utilities,
but suggested cutting the Iowa City commercial hauler charge to $�util ti
$2.00. Plastino commented that as a takeoff onor
lower the tax millage rate by an amount Option #3 you could 1)
charge for collection and disposal in the $ residential co
toa monthly
to $5.00 per month); on Option #2 you could dro the tY ($3.00
amount equal to income you get from monthly charge and theincreased"charge at the landfill., After discussion , Mayor J�Ieuhauser suggested
figuring the value to the average homeowner of landfill cost, and give
this amount as a rebate to those not qualifying to have their garbage
bedisposed ooff f. Councilman Foster pointed out that a business expense can
wchargeritten to haulers businessman, and he was favorable to the $4.00 per
eventually residents will haves to pay Option 3for lcolleclie tion Manand disposaleof�at
onraafixed income. e Mayor Neuhauserfor
favoredexclusion
p of charges for !;,he elderly
less discriminatory to commercial and Option #3, but making it
sense of the Council, the Ci industrial people. It was the
Option #3 more completely as itrelatesntoethe allternattiives and astothe equitability question. Plastino advised that there is a year's
notice required in the ongoing contract for cancellation.
RIGHT-OF-IVAY FOR SC017 BOULEVARD
City Manager Berlin called attention to Plastino's October -15th memo and
map of Scott Boulevard right-of-way. Councilman Foster stated i;hat
right-of-way on County Roads had always been 661. Plastino replied that
the City Attorney has said that this might not be a valid Figur. He
road books.
suggested that the legal department would need to investigate the. county
The Mayor thought that this should be done as the first
step. Councilman Selzer called attention to the truck traffic survey
Prepared by the Chamber of Commerce. Plastino advised that the highway
Commission had stated that Scott Boulevard cannot connect to Ir{t:rrstate
80. Council discussed impact of proposed developments and rezoning on,
Scott Boulevard and accesses. It was noted. that Glasgow will, dedicate
50' west of the centerline. Concensus of Council was to establish what
is wanted for right-of-way, and investigate how to acquire the right,of-
way, and determine what will potentially be developed.
TRAFFIC ENFORCEMf�T
Police Chief Harvey Miller was present for discussion. He advised that
usually
as assigned toseven
trafficmen
controlvifttherefi
r each patrol shift. Officers
are s a high incidence of accidentsor citizen complaints. 70% of the patrol force time is allocatedto
traffic control, 30% is for service calls, crime investigation, reports,
and court appearances. OMNI arrests are high, a federally funded
on alcoholism is a possibility. program
Miller stated that they would continue as they had been doing. It is a
question of how many of the police resources Council wants allocated to
auntil Discussion
toher 18, 1976
Page 4
traffic enforcement. Councilman Perret questioned what percentage of
police work is assigned to patrol work. Chief Miller replied. that out
of 43 officers, 7 are assigned to detective and juvenile work. IIe
advised that violations occur on Court/Glendale when Regina and City
High are out. when marked or unmarked cars are present, there are no
violations. He also commented that our City is not designed for heavy
traffic flows.
Councilman Selzer called attention to the problem of bicycles at night
not having proper lighting. Miller asked that 'the 'idea of licensing and
of standards of inspections, which we do not presently have, be reviewed
at budget time. Ile also noted that two officers have been meeting with
the traffic engineer reviewing traffic flow and speeds at many locations,
Ile stated that he had no easy answers to the problems. Tje City Manager
pointed out that some of the problems will be addressed in the new model
traffic ordinance.
Councilman Perret called attention to the process the Comprehensive Plan
committee is looking at which would govern which streets whould be used
for parking. Chief Miller commented that he could see a lot of problems
in even enforcing the private parking ordinance. lie suggested that
there has to be some way to limit vehicle control by type of vehicles on
certain types of streets; directionalization by flow could be looked at
(one-way traffic at certain hours); heavy traffic routes could be designated,
The problems are apparent, answers are hard to come by. Ile thought that
the best way for police to handle problems is by having an on -sight
review of the problem, with limited and timely enforcement. Consideration
of better programs of signs and signalization would be helpful. It was
pointed out the Iowa City doesn't have a noise ordinance. Councilman,
Perret discussed the impact of traffic on neighborhoods, stating that
people have a right to expect neighborhoods will remain the same as they
were from the first. Several Councilmembers disagreed. The Mayor stated
that Council would decide if streets were to be divided into arterials
and residentials with arterials carrying most of the traffic or if ,each
street would carry traffic. Discussion of Court- Street traffic will be
scheduled. '
BUDGET PROCESS
City Manager Berlin explained the changes in the budget process, which
indicate a direction, and indicate a way in which we want to deal With
changing attitudes, as we look at the budget as not only a financial
tool but an overall management tool. To keep the quality of the financial
information and to deal with the question of alternative service levels,
staff wants to provide ways in which Council can look at programs ard.
performance, and we want to put the budget in a format in which it zs
easier for the public and for all of us to understand. Probably this
will be accomplished with two documents, the financial information and
the discussion of various programs, changes in the programs, levels, of
service, and how we are going to evaluate levels of service.
Specific changes that are going to be made in the way the information is
going to be presented to Council, for example, the revenue infonma.tioa
will be accompanied by a description of the revenue sources, how thiby
ouncil Discuss -&on
. �ctober 18, 1976
Page S
are restricted or unrestricted, and hoer those sources have changed. He
is asking the department heads to look at the budget as basically a hold
the line budget, but providing the Council with service level options.
Zero based budgeting has been discussed, and by giving Council a base,
line with low priority and high priority alternatives, Council will have
a framework within which to analyze programs, Management By Objectives
format will be used again, extended to Boards and Commissions. The
reconciliation of budgeted transfers will be discussed. Background
material will be provided for the Department Heads by the Finance and
Personnel Departments :in a different way this year. This process should
bring the needs as identified by the Council as close as possible to the
needs identified by Staff.
Councilman Foster asked if there was a process for suggestions by employees.
The City Manager advised that there was no process. Councilmen Selzer
and Foster liked the idea of the tape line as used by another City
Manager. Information on Iowa City's booth at university registration
has been requested by several cities. Councilman Selzer pointed out
that the Chamber of Commerce provides a chicken barbecue for incoming
freshman as a welcome to Iowa City.
Mayor Neuhauser asked when Council would get into their discussion of
Council goals. The City Manager pointed out that at the meeting of the
budget committee, Clayton Ringgenberg suggested that he would be interested
in working with Council on this, which would be helpful because of his
understanding of political process. Councilman Perret questioned whether,
or not the AslyisorBudget Committee should become a permanent coimaittee.,
The City Manager suggested that the committee react 1) to where the City
is going and see if it is consistent with the goals and identify problems
from their perspective, and 2) to use them to,work on the budget process
and come up with some kind of a budget manual which outlines our process.
The committee consists of Clayton Ringgenberg, Tom Bil.ers and John
Harper.
City Manager Berlin pointed out the the staff: is not. excited aboult some
of the process because it will take a lot more time. The Mafor advised
that the role of the Finance Department will be a more technical role
and far less a policy role than it has been in the past. It will be
only a supporting service. She commented that: it would be helpful; to the.
departments for Council to get on with their goals.
Councilman Foster questioned where revenue sharing would enter in. The.
Manager advised that the public hearings have been incorporated in the
budget hearings as outlined. The Mayor suggested having a polio on use
of revenue sharing money. There are no strings attached this tiAe but
it should be set up so that good justification can be made for the next
request.
Concerning the replacement for the Finance Director, the City Manager
advised that Callahan $ Co. will be here to review the applications on
Thursday and decide who to interview. He will also discuss the problem
of securing a building inspector with Callahan & Co,
0
W
Discussion
18, 106
Councilman Perret questioned why the Library Board of Trustees was not
required to have goals and objectives. The City Manager replied that
Director Lolly Eggers will prepare them for the Library Board, but for
the Airport Commission there is no one else to do it. He explained also
that when the goals come to Council, they will be the goals of the
Library, not the goals of the Director or the Board.
Council concurred that the vacancy
readvertised, as it is their policy
is received. This cancels the need
on incorporation of a training time
will be sent to Council on Friday.
COUNCIL TIME
on the Board of Appeals would be
to readvertise when only one application
for executive; session today. A inema
for applicants to Boards and Commissions
Councilman Vevera stated that from the time of the Human Relations,
minutes, he got the idea that we had offended Candy Morgan, but advised
that she must learn to live with it, because when Council has a question,
it will be asked. The City Manager thought that she was not offender,
but glad that Council was looking at those things.
Councilman Selzer expressed his approval of the first idea in the IGIA
newsletter, concerning sending. of a personal_form letter to leaders�of
the industrial and business community concerning costs of 'maintaining
city services. Council discussed briefly the Local Option for Local,
Sales Tax. Mayor Neuhauser expressed concern if the tax was not statewide.
Councilman Perret called attention to the memo from Kraft concerning,his
being a judge for the Iowa Community Betterment Program. It was the
decision of the Council that this was an administrative decision.
Meeting adjourned at 4:50 P.M.
Tape recorded on Reel 34
•City of Iowa CHIP
MEMORANDUM
TO: City Council
FROM: City Manager
RE: Informal Session Agendas
1:30 - 4:30 P.M.
1:30 P.M.
1:45 P.M.
2:00 P.M.
2:30 P.M.
3:00 P.M.
Octobe_ r� 7
7:30 P.M.
o,-rnhar 25. 191
DATE: October 15, 1976
- Review Council agenda
- Council time
- Discuss sanitary landfill charges
- Discuss traffic enforcement
- Discuss budget process
Apj)eoh,
1:30 - 4:00 P.M.
- Regular Council Meeting
1:30
P.M.
- Review Council agenda
1:45
P.M.
- Council
- Discuss
time
housing inspection program
2:00
3:00
P.M.
P.M.
- Discuss
City -sponsored elderly hoaxing
budget amendments and revenues
3:30
P.M.
- Discuss
FY 77
r
7:30 P.M. - Regular Council Meeting
Pendia St
Model Traffic Ordinance
Alarm Systems - Police/Fire
Anti -Trust Ordinance
Campaign Finance Ordinance
Design Review Committee Authority
Housing Inspection Program
Parking Policy
Resource Recovery, Coralville and University of Iowa
Review Title XX with Bob Hibbeler 3/8
Risk Management Application 2/16
Section 8 Flousing Proposal. &APP
Pending Litigation