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1980-11-04 Info Packet
City of Iowa Cr'y MEMORANDUM DATE: October 24, 1980 TO: City Council FROM: Cityi'M�inager RE: D.E.Q. Decision Several.weeks ago, the Mayor and a member of the staff traveled to Des Moines to meet with D.E,Q, representatives. The City attended this meeting on advice of our engineering consultant, Jim Kimm. D.E.Q. was considering a change in policy which would have, if adopted, made the City ineligible for funding of trunk sewers. The City was notified today that the new Policy adopted by D.E.Q. will continue to provide funding for the major trunksin the Iowa City project. �llay{'i.. ry « �f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES .tl, V! V �llay{'i.. ry « �f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES .tl, 1 i CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST, IOWA CITY IOWA 52240 (319) 354.180D October 24, 1980 Mr. William F. Sueppel Fleardon, Sueppel, Downer & Hayes j 122 South Linn Iowa City, Iowa 52240 Dear Bill: i Your letter of October 14, 1980, requested a progress report on Scott Boulevard. The legal staff advises that nearly half of the right-of-way acquisitions have been accomplished. A -:1 target date of December 1, 1980, has been set for the completion ? .: of the right-of-way acquisitions. The Engineering Division is anticipating letting the bids no later than February 1, 1981, I so that construction can begin in early spring. If you should have further questions, please do not hesitate to contact me. ySincery ybu s� i Neale City Manager 'j is cc: City Council City Attorney City Engineer Legal Staff i oZ�i Je' I � I MICROFILMED BY JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES J City of Iowa Cit' MEMORANDUM Date: October 22, 1980 To: City Council i 1 � From: Don Schmeiser, Acting Direct j Department of Planning and P ogram Development 11 Re: North Side Study This past May, Kevin n Lavert Y, who was on our staff, analyzed 9 Neighborhood Preservation Study for the purpose sof determining the next logical step in the City's use of that study. { The North Side Neighborhood Preservation Study, as. you recall, was a cooperative effort between Iowa City and the University of Iowa's Institute of Urban and Regional Research, under an Innovative Projects Grant from Hud. The study, which was completed in July 1978, covered a wide range of,topics which are of continuing interest to the City and to the Near North Side neighborhood. This memorandum is divided into four sections, as previously suggested by Kevin Laverty: 1. A summary of the major findings of the North Side Neighborhood Preservation Study. 2. A discussion of the feasibility of several of the Study's recommendations which appear relevant to continuing local concerns. 3. A proposal for a Near North Side Area Study, to be conducted by the staff of the Department of Planning and Program Development. 4. Other activities related to the implementation of selected results of I the University Study. Our purpose in presenting this information to the Council at this time is to seek concurrence and direction from the Council in proceeding as outlined in Section 3 above. i i i of O- s MICROFILMED BY JORM MICR+LAE3 e, CEDAR RAPIDS • DES MOINES „>. 2 A. Major Findings of the North Side Neighborhood Preservation Study This section is an overview of the work undertaken by and the results of the University Study. 1. The overall objective of the University Study was to develop a methodology for applying comprehensive planning techniques at the neighborhood level. 2. The study's research was carried out in an "impact evaluation" framework. Within this framework, the concept of negative impact is crucial: activities which constitute one person's use and enjoyment of land detract from another person's use and enjoyment of land. 3. Desirable neighborhood characteristics and problems were identified through an extensive citizen input process and through field work, including block -by -block land use surveys and the gathering of information on a parcel specific basis. 4. The study concluded that many attributes of existing neighborhoods are worth protecting. 5. Major problems in the North Side fall into two broad categories: a) transportation impacts resulting from the use and storage of motor vehicles, and b) incompatible land uses. 6. The study concluded that "compatibility" has not been a criterion for development approval. There are no incentives for developers to consider broad neighborhood concerns. 7. Negative impacts are not controlled by zoning. Zoning controls are tailored to new developments in homogeneous area; imposing an homogeneous pattern in an older neighborhood such as the Near North Side is not feasible. 8. There is limited citizen access to land use decision making. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES i 3 I I I B. Feasibility of Study Recommendations The following four items are major areas in which the North Side Neighborhood Preservation Study did extensive work and made recommendations which should be considered for implementation by the City. 1. Historic preservation The University study documented over 400 pre -World War I structures within the Near North Side. The inventory of structures includes single-family and multifamily residences, a variety of businesses, and several churches. Many of these historic structures provide extreme benefit to their immediate surroundings; some could accurately be called focal points of the neighborhood. Creating one or more north side historic districts was recommended by the University study. An historic district would serve to protect valuable resources of our community. The focus should be not just upon ."preservation", but also upon adaption and usefulness. A resource to be investigated is the City of Dubuque's recent historic preservation ordinance, which appears to be working well in encouraging preservation while allowing for economic and development activity. 2. Parking controls While much of the furor of a year ago has died down, there is latent anger over the City's expanded area for calendar parking. Calendar parking keeps narrow streets open for traffic, facilitates snow removal and street sweeping, and discourages non- resident parking. However, the major difficulty' is the inconvenience suffered by residents who do not have off-street parking. The University study, after finding that the major parking problem was a lack of parking in certain areas of the north side due to non-resident parking, recommended that some form of permit system be undertaken in the Near North Side neighborhood. Obviously, many details would have to be worked out before implementing such a system, but precedent has been set in other cities and permit parking appears to be of benefit to neighborhoods. In 1977 the U.S. Supreme Court upheld a permit parking system in which residents had preference in the issuance of permits. 3. Traffic restraints One of the most discussed recommendations of the University study was to implement a system of traffic restraints in the Near North Side to reduce the penetration of external traffic. Such a system hh MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i I 4 W could consist of devices such as diverters, barriers, street narrowings, and multiple stop signs. Several cities have implemented traffic restraint systems. in neighborhoods that are laid out like the Near North Side, i.e. with a grid pattern of streets that provide incentives for "short cutting". Traffic restraint systems involve capital expenditures, but these are offset by the increase in property values which results from less traffic. The January 1980 issue of the Journal of the American Planning Association reports on a 25 year study in Grand Rapids, Michigan in which a traffic restraint system was implemented in one residential area while the adjacent neighborhood was left in the original grid pattern. The study found an increase in property values related to the reduction in traffic flow; the benefit/cost ratio was calculated to be over three to one. 4. Revised land use/development review and regulation The University study carried out extensive research into alternative land use controls. Insofar as the findings relate to administrative matters and interpretation of state enabling statutes, it is recommended that these issues be reviewed internally by City staff, rather than being discussed extensively with residents of the Near North Side. a. Impact analysis as a land use control Preliminary findings of the University study related to land use control were extensively reviewed by City staff. This was done in a piecemeal fashion, however, and a comprehensive evaluation of the study's recommendations is desirable. The consensus at this point appears to be that impact analysis would work best in an historic district, but the application of these techniques would have little usefulness under our current framework of zoning and other land use controls. b. Increased notification of citizens in the development review process The study recommends greater direct notification of property owners and residents who might be affected by rezonings, subdivision approvals, etc. An explicit recommendation on this matter should also be developed by City staff. MICROFILMED BY JORM MICR+LAB ' t CEDAR RAPIDS • DES MOINES 'i ■ 5 C. Proposed Near North Side Area Study This section outlines recommended activities that would comprise a Near North Side Area Study. The focus is upon identifying ideas from the North Side Neighborhood Preservation Study that can be implemented by the City. 1. Geographic area The University study delineated an area bounded by Brown Street on the north, Governor Street on the east, Jefferson Street on the south and Dubuque Street on the west. The proposed City study would extend these boundaries on the west to Clinton Street, on the south to Iowa Avenue, and on the north to the intersection of Dodge and Governor Streets. 2. Methodology a. Review of North Side Neighborhood Preservation Study reports. b. Research programs in other cities, funding sources (state and federal government), etc. C. Neighborhood meetings -- at least one neighborhood -wide meeting and possibly smaller meetings with neighborhood organizations. d. City staff review of recommendations related to land use control. 3. Report to be Prepared PZ the Department of Planning and Pro ram Development a. Backround information 1) Neighborhood characteristics. 2) University study results. b. Report on outcome of neighborhood meetings. C. Investigate feasibility of ideas. MICROFILMED BY DORM MICR+LAB N CEDAR RAPIDS • DES MOINES ao�COL i 6 M 1) Transportation items. a) Traffic restraint system. b) Crosswalk marking. c) Bike lanes. 2) Parking controls. a) Permit parking. b) Continuation of calendar parking. C) Additional parking solutions (lots, bays). d) Usable open space requirement. d. Strategy for implementation of selected results. 1) Identification of capital improvements -- these are likely to be small scale projects. 2) Identification of programs to serve neighborhood needs. 3) Other activities. r MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a0jeQ. I i j I I 6 M 1) Transportation items. a) Traffic restraint system. b) Crosswalk marking. c) Bike lanes. 2) Parking controls. a) Permit parking. b) Continuation of calendar parking. C) Additional parking solutions (lots, bays). d) Usable open space requirement. d. Strategy for implementation of selected results. 1) Identification of capital improvements -- these are likely to be small scale projects. 2) Identification of programs to serve neighborhood needs. 3) Other activities. r MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a0jeQ. C Other Activities Related to the Implementation of Selected Results of the North Side Neighborhood Preservation Study. 1. Model for neighborhood Planning Taking the extensive work which has been done in the University study and selecting the most useful results for the study, we can develop a model for neighborhood planning that can be used in an update of the Comprehensive Plan and applied to other areas of the city. 2. Coordination of plannina activities This study can also be used as a basis for tying in neighborhood planning with planning for Neighborhood Strategy Areas under CDBG Entitlement programs, the comprehensive planning process, and the development review process. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES a05a i i 1 i:- i j r.: •I j tk7 3 ..; a City of Iowa CIL-d Jkl I DATE: October 24, 1980 TO: City Council FROM.)! Jim Hencin, CDBG Program Coordinator RE: Disposal of Houses on S. Dubuque St. When the City received bids for the disposal of vacant houses located on S. Dubuque St., there was a stipulation for minimum bids as set forth in the contract proposal. The bids which were received and subsequently awarded on October 21, 1980 were in fact less than the stated minimums. This information was not explicitly brought to the Council's attention. On advice from the Legal Department, the Council should consider a resolution rescinding the prior resolution (Y80-473) awarding bids for the houses in question. A resolution to this effect will be placed on the Nov. 4, 1980 agenda. At the same time, the Council will consider a resolution to readvertise for bids. cc: Neal Berlin Don Schmeiser Roger Scholten 0 N MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 2053 rr _;� 1 . City of Iowa CIL-d Jkl I DATE: October 24, 1980 TO: City Council FROM.)! Jim Hencin, CDBG Program Coordinator RE: Disposal of Houses on S. Dubuque St. When the City received bids for the disposal of vacant houses located on S. Dubuque St., there was a stipulation for minimum bids as set forth in the contract proposal. The bids which were received and subsequently awarded on October 21, 1980 were in fact less than the stated minimums. This information was not explicitly brought to the Council's attention. On advice from the Legal Department, the Council should consider a resolution rescinding the prior resolution (Y80-473) awarding bids for the houses in question. A resolution to this effect will be placed on the Nov. 4, 1980 agenda. At the same time, the Council will consider a resolution to readvertise for bids. cc: Neal Berlin Don Schmeiser Roger Scholten 0 N MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 2053 rr _;� Lally oT lowm •,In MEMORANDUM Date: October 14, 1980 To: Mike Kucharzak, Acting Director of Public Works From: —P Jim Hencin, CDBG Program Coordinator Re: Status of NSI Budget the following information is to update the Council on the Neighborhood Site Improvements (NSI) budget. In particular, I wish to direct two questions referred from the Council: 1. Is there a surplus of funds from the NSI program? 2. Can we replace deteriorated sidewalks along Summit Street from Sheridan Avenue to Kirkwood Avenue? Status of Budget Outlined below is a statement of expenses in the combined NSI/Architectural Barrier Removal (curb ramp) budget for 1979-80: Revenues Neighborhood site improvements $ 383,445 Architectural barrier removal 50,000 433,445 Expenditures Tree planting & beautification $ 18,427 Bus shelters 26,974 Park and playground equipment 18,410 Alley paving 24,853 Alley graveling 34,907 Asphalt overlay Sidewalk replacement(') 27,133 Contract N1 87,096 Contract M2 104,379 Contract M3 Project inspection(2) 25,482 4,539 Curb ramps 52 725 424,92 Unexpended Balance $ 8,520 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Q0 ri i ,i z.I ; a u W 2 Notns: I MContract #1: North Side and Hickory Hill Areas Contract #2: South Central, Longfellow and Creekside Areas Contract #3: Highland Area (2)Expenditures through 8/31/80. It should be noted that all projects, except Contract #2 for sidewalk replacement are closed out. As indicated in a prior memorandum from the Engineering Staff, there is approximately $7,000 in work remaining under Contract #2. This combined with final expenditures for project inspection (primarily the sidewalk inspector's salary), should effectively use up the $8,520 unexpended balance. Additional Sidewalk Replacement The present NSI/Architectural Barrier Removal budget is now fully expended. Nevertheless staff did not include the above-mentioned sidewalk along Summit Street for the following reasons: a. The staff was instructed to not replace sidewalks along Summit Street north of the Rock Island Tracks. b. Highland area residents (south of the Rock Island tracks) requested that curb ramps and sidewalk replacement be restricted to Kirkwood and DeForest Avenues. Naturally, we were not able to replace all of the sidewalks in the CDBG area that were identified in the initial survey. But overall, we were able to accomplish about 13% more work in this area because of lower bids and general cost underruns in other NSI activities. bj2/10-11 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES aos� 41 1• } W 2 Notns: I MContract #1: North Side and Hickory Hill Areas Contract #2: South Central, Longfellow and Creekside Areas Contract #3: Highland Area (2)Expenditures through 8/31/80. It should be noted that all projects, except Contract #2 for sidewalk replacement are closed out. As indicated in a prior memorandum from the Engineering Staff, there is approximately $7,000 in work remaining under Contract #2. This combined with final expenditures for project inspection (primarily the sidewalk inspector's salary), should effectively use up the $8,520 unexpended balance. Additional Sidewalk Replacement The present NSI/Architectural Barrier Removal budget is now fully expended. Nevertheless staff did not include the above-mentioned sidewalk along Summit Street for the following reasons: a. The staff was instructed to not replace sidewalks along Summit Street north of the Rock Island Tracks. b. Highland area residents (south of the Rock Island tracks) requested that curb ramps and sidewalk replacement be restricted to Kirkwood and DeForest Avenues. Naturally, we were not able to replace all of the sidewalks in the CDBG area that were identified in the initial survey. But overall, we were able to accomplish about 13% more work in this area because of lower bids and general cost underruns in other NSI activities. bj2/10-11 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES aos� �Clty of -Iowa Cit') MEMORANDUM Date: October 8, 1980 To: City Council From: City Staff Re: Status of Sidewalk Programs The Curb Ramp Program - 1979 was accepted July 1, 1980. Streb Construction Company, Inc., was paid $52,724.76 for curb ramp construction. The Neighborhood Site Improvements - Curb Ramp and Sidewalk Repair Program (Highland Neighborhood) was accepted September 23, 1980. Wolf Construction, Inc.;was paid $25,482.50 for curb ramp and sidewalk construction. The Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods) was accepted October 7, 1980. Merlin Haran Construction, Inc., was paid $104,379.03 for sidewalk and miscellaneous curb ramp construction. The Neighborhood Site Improvements - Sidewalk Repair Program is approximately 90% completed as of this date. Streb Construction, Inc, has been paid $87,096.36 (minus 10% retainer) for sidewalk and miscellaneous curb. ramp construction. The contractor has approximately $7,000 of work remaining. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i' t ;! j i a �Clty of -Iowa Cit') MEMORANDUM Date: October 8, 1980 To: City Council From: City Staff Re: Status of Sidewalk Programs The Curb Ramp Program - 1979 was accepted July 1, 1980. Streb Construction Company, Inc., was paid $52,724.76 for curb ramp construction. The Neighborhood Site Improvements - Curb Ramp and Sidewalk Repair Program (Highland Neighborhood) was accepted September 23, 1980. Wolf Construction, Inc.;was paid $25,482.50 for curb ramp and sidewalk construction. The Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods) was accepted October 7, 1980. Merlin Haran Construction, Inc., was paid $104,379.03 for sidewalk and miscellaneous curb ramp construction. The Neighborhood Site Improvements - Sidewalk Repair Program is approximately 90% completed as of this date. Streb Construction, Inc, has been paid $87,096.36 (minus 10% retainer) for sidewalk and miscellaneous curb. ramp construction. The contractor has approximately $7,000 of work remaining. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i' f ;! City of Iowa City MEMORANDUM Date: October 16, 1980 To: Neal Berlin and City Council From: Charles Schmadeke, City Engineer i Re: Alley Paving Assessment Project for the Alley Between Ellis Avenue and Ridgeland Avenue running east and west in Block 4, Manville Heights Addition to Iowa City Carl Ostrem, Jr. representing the Delta Upsilon Building Corporation has requested a paving assessment project for the above-mentioned.alley. This project would benefit property owned by the Delta Upsilon Building Corporation and Richard J. and Toni Wayne. The total estimated project cost is $21,127.60 and would be a;sessed as follows: i Delta Upsilon Building Corporation - $8294.80 Richard J. and Toni Wayne - $8294.80 City of Iowa City - $4538.00 i The resolution of necessity requires for passage the vote of three-fourths of all the members of the Council. The Engineering Division recommends that we proceed ahead with this project. bj4/7 I MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS - DES MOINES i City of Iowa City MEMORANDUM Date: October 16, 1980 To: Neal Berlin and City Council From: Charles Schmadeke, City Engineer i Re: Alley Paving Assessment Project for the Alley Between Ellis Avenue and Ridgeland Avenue running east and west in Block 4, Manville Heights Addition to Iowa City Carl Ostrem, Jr. representing the Delta Upsilon Building Corporation has requested a paving assessment project for the above-mentioned.alley. This project would benefit property owned by the Delta Upsilon Building Corporation and Richard J. and Toni Wayne. The total estimated project cost is $21,127.60 and would be a;sessed as follows: i Delta Upsilon Building Corporation - $8294.80 Richard J. and Toni Wayne - $8294.80 City of Iowa City - $4538.00 i The resolution of necessity requires for passage the vote of three-fourths of all the members of the Council. The Engineering Division recommends that we proceed ahead with this project. bj4/7 I MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS - DES MOINES City of Iowa City MEMORANDUM Date: October 17, 1980 To: Neal Berlin and City Council From: Chuck Schmadeke, City Engineer Re: Sidewalk Settlement in Newer Subdivisions The question has arisen as to who should be held responsible for replacing or repairing sidewalks that have settled in newer subdivisions. The Engineering Division has followed the procedure whereby the property owner is responsible for all sidewalk repair unless damage to or settlement of the sidewalk is caused by work performed by City crews or work performed under contract by the City. The reasons for following this practice are as follows: 1. The difficulty in determining the exact cause of settlements. Various causes are: poor soil conditions, improper compaction by the sidewalk contractor, using erodable soil to bring sidewalk subgrade to proper elevation, erosion and settlement of trenches made by utility companies, sewer and water service line trench settlement, sewer and water main trench settlement, and erosion caused by groundwater conditions. All of these causes have the appearance of sewer trench settlement. 2. Sidewalk inspections are kept to a minimum. No subgrade compaction tests or concrete quality tests are taken. 3. Maintenance bonds are not required on sidewalk construction and the City does not formally accept the sidewalk work. 4. Reasonable care and inspection is taken during design and construction of sewers to prevent settlement. The Engineering Division feels the reasons for following •the existing procedure are still valid even though more and more sewers and other utilities are being constructed under or adjacent to sidewalks. tp3/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES VEENSTRA & KIMM, INC. ENGINEERS & PLANNERS YJO WF.SI BANK BUILDING 1601 22ND STREEI WEST BES MOINES. IOWA 50265 5153258000 October 20, 1980 Neal G. Berlin City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RIVER CORRIDOR SEWERS PROJECT WEEKLY PROGRESS SUMMARY NO. 14 This is to report progress on the River Corridor Sewers project for the week ending October 18, 1980, and to provide information regarding the contractor's plans for the weeks ahead. this week• will Pipeblaying�must be complin36-inch eted betwipe in eengParkStreet Road andnorth KimballPark Road Road during October. Crew No. 2 will move to River Street this week to begin work on pipe installation on Division 3. Implementation of the plan for handling traffic on Dubuque Street was undertaken. The crossover was built on Friday. Affholder has completed 25 linear feet of the tunnel at Park Road. A second crew from Affholder is expected this week to begin tunneling under the Crandic crossing on Riverside Drive. The intersections ateCourt be pavedthis iand weekurlington were prepared for paving. These inrsections will Subgrade is being prepared for paving the east side of Madison from Iowa Avenue to Market. It is planned to pour this reach next week. MICROFILMED BY JCRM MICR+LAB CEDAR RAPIDS . DES MOINES I i. 1, VEENSTRA & KIMM, INC. ENGINEERS & PLANNERS YJO WF.SI BANK BUILDING 1601 22ND STREEI WEST BES MOINES. IOWA 50265 5153258000 October 20, 1980 Neal G. Berlin City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RIVER CORRIDOR SEWERS PROJECT WEEKLY PROGRESS SUMMARY NO. 14 This is to report progress on the River Corridor Sewers project for the week ending October 18, 1980, and to provide information regarding the contractor's plans for the weeks ahead. this week• will Pipeblaying�must be complin36-inch eted betwipe in eengParkStreet Road andnorth KimballPark Road Road during October. Crew No. 2 will move to River Street this week to begin work on pipe installation on Division 3. Implementation of the plan for handling traffic on Dubuque Street was undertaken. The crossover was built on Friday. Affholder has completed 25 linear feet of the tunnel at Park Road. A second crew from Affholder is expected this week to begin tunneling under the Crandic crossing on Riverside Drive. The intersections ateCourt be pavedthis iand weekurlington were prepared for paving. These inrsections will Subgrade is being prepared for paving the east side of Madison from Iowa Avenue to Market. It is planned to pour this reach next week. MICROFILMED BY JCRM MICR+LAB CEDAR RAPIDS . DES MOINES Neal G. Berlin, October 20, 1580 Page 2 The sodding subcontractor continued laying sod on Capitol and Madison Streets. U&I Construction Co., subcontractor for driveways and sidewalks, 1s going to have to accelerate its progress to stay ahead of the sodding subcontractor. The writer will be in Iowa City on Friday. October 24. VEEP, TR INC . Kimm JWK:jk 11648 cc: Charles J. Schmadeke W. L. Levay a l _ 1 MICROFILMED BY {I JORM MICR+LAB - § CEDAR RAPIDS • DES MOINES I - i 1 r I I r CITY OF IOWA CITY NI[ k 410 L WASI IINGION ST IOWA CI1Y IOWA 1)2240 (319) 3:)4 18CA) October 21, 1980 PRESS RELEASE Contact Person: Dale Helling Asst. City Manager Re: Iowa City Civil Rights Specialist The City of Iowa City has hired Ms. Phyllis A. Williams as the new Civil I?i(III Ls Specialist for the City. Her appointment is effective November• 4, 1980. Ms. Williams, a resident of Iowa City, will fill the vacancy created with the resignation in August of Ms. Sophie Zukrowski. Her• beginning salary is $14,500 annually. Ms. Williams was selected from a field of 41 applicants for the position. Her duties will include investigation of discrimination complaints filed with the Iowa City Human Rights Commission as well as development and monitoring of the City's Minority Business Enterprise (MBE) *compliance p rog r•am. Ms. Williams is a ,graduate of Bradley University, Peoria, Illinois and holds a B.S. degree in Economics with minors in Sociology and Psychology. she brings to this position extensive experience in the area of Equal Employment Opportunity and Affirmative Action with Moore Business Forms, Inc, both as Affirmative Action Coordinator for its midwest plants and offices and more recently as Personnel Supervisor for its Iowa City operation. From: Administrative Offices -0- F ram: 0. I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a6S? i . n I MINUTES OF STAFF MEETING October 15, 1980 Copies of the referrals from the informal Council meetings were distributed to the staff for review and discussion (copy attached). Items for the agenda of October 21, 1980, include: Resolution regarding the sale of Elm Grove Park Resolution regarding expansion of preliminary loan from HUD for housing sites Resolution approving landfill excavation Resolution regarding Dodge Street Court Sewer Tap-on Fees " Resolution authorizing disposition of houses in Lower Ralston Creek area Resolution authorizing contract for engineering services in lower Ralston Creek area Resolution setting public hearing to amend fifth year hold harmless CDBG budget Westview Acres Third reading of ordinance rezoning Jack Young's property First reading of ordinance adopting fire code Second reading of ordinance regarding speed limit on Melrose Court The Human Relations Director distributed a memorandum regarding United Way. She advised that meetings.will be set up for City employees regarding the United Way campaign. She stressed that the history of contributions by City employees is not good. Only $1,300 was contributed last year. It was suggested that perhaps the spouses of City employees are contributing. This will be noted on the individual's contribution form this year. The Police Chief noted that the major alarm company in Iowa City has filed for bankruptcy. The Grell Construction Company has also filed for bankruptcy. The City Manager asked all department heads to take note of this. The Finance Director advised that a week from this Friday, October 24, is the last date on which changes be can made in the plans for the new telephone system. Purchasing will be visiting all de Partme plans. nts next week to finalize Prepared by:� Lorraine Saeger I MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES ,• r Informa October1Council 13, 1ggp Meeting DEPARTMENT REFERRALS y O SUBJECT DATE 11 REFERRED DATE ~ REVD To DUE P1111 COMMENTS/STATUS W Airport Hangar Project i Conflict of interest memo Fringe Committee Tap -on fees Flights over Kinnick Stadium Temporary buildings from Clinton St, Industrial Revenue Bond Policy Expansion of urban renewal area Furnish detailed financial analysis $ 110-13City ort Hgr including financial alternatives; negotiated leases for hangar project. Mgr Discuss conflict of interest memo with John Hayek. Mgr Discuss with City Attorney the 10-13 13 status of legal's work with Fringe Committee. Legal Proceed with County. City Mgr Send Bruce Glasgow a copy of John Airport Mgr Is there any control of flights over Stadium? 10-13 Finance What is the status of the financial. --\ settlement on these buildings? 10-13 Finance/ Industrial Revenue Bond Policy P&PD (Chiat on the agenda for the October 21 t'n . 10-13 P&PD Review with Planning staff the expansion of the urban renewal area. i "•LL ...n'ti.i•. •lid:unL'aJ 'i.agiAL9ie':YLY6t Y.'.a..m.Mv...- — MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES �7 rntl T+6w66ALV Why fj6W.f - iS 6cr8 0 ft John Harrison weekly news columnist retire here? "But why would anyone want to retire to the Coralville-Iowa City areal" The question is delivered with in upward. rising inflection denoting Incredulity. We have beard it many tines In the last five years - ever since mentioning to fiends that we Intended to retire from faculty positions at Pennsylvania Bate University, when we had.taugst since 1901. "And where," they would ask, "do you Joined to retire?". It was assumed at Penn Sate that while ore se46t retire, one didn't leave Sate COW, which In known to most of its ter -tiwYrlfeppy Valley, though Brlpd000 In Y rme ways more appropriate. But we w decided we didn't want to stay on In ti; shadow of Mount Ni",and we had di a good deal of explbrag of pleem we th ewmittwanttolaw-aamatthat W. others by Inquliy to redly reliable soots Orr IM io*&d he of the Bun Balt apex so popular amang mthsse (not one r pYeidi,AtlimaorCetlbma)<we did pt nods of nadeiu saft approval do mention of Geral HE, ea Iwxmgto% or Fayetteville, or Boulder, or Sana Fe. It was 4* when wa pgpated Iowa City as a pnbEty that w got thom SA nap looks, accompanied by that question, which -was Thou were, w thought (and still do, after a Illtasnore than two years), many waoons to Prier Iowa City to Sun City. Soew were poroma! -- we are native Iowans with roots lathe date; most member of our Immhlfr the somewhere from Iowa on wed through Nebraska, Colorado and Wu hington; we have many friends here as ■ result of a pmVlous Iowa City Incarnation some twenty yearn ago. Ablhe* had something to do with our decision. Beyond that, the process of deciding wham we wanted to the developed In Fee• V' O Seven good real_ ponse to both things we wanted and things we wanted to avoid. That presented prob. lems. For example, our tastes and interests tend toward the arts; but we didn't want to live In a metropolitan area where most people think of finding Neaten, concert halls and museums. We did consider two or three sizable cities that had partkuiw at, tractions for us, but eliminated them, most- ly because we didn't want to put upwith the hassle of just getting around that's in. volved to any [up city today. We recognized an Increasing need for easy accessibility to fbrsklass health cue and professional services, but we didn't want to live In one of those communities when such se"kes are provided and when AD veddaoa ase ai art N yeas dal: . Proximity to an outstanding 1wmmeh ubrsy war earalW. go wr Irving within walking distance to se many of than kinds offaeWtaarportble,with public ams, ported" r an alaraative. AB the* priorities pointed, of course, toward a mkdw y small city wide a mayor ualversity Is located. That a reflected in the eadler IM of plaimi term which we made our flaal choice. Obvloudyw we acrid have found mat of OWlhb* we considered Important In Chapel NEL or Iwxiagton, or Boulder. Why, then, Iowa City, where It snows and temperatures range from 100 degrees to X below In the winter? Several reasons were firially critical to ' our decision, and nothing in our experience - to date has changed our minds about them: - The University of Iowa often all the things we wanted; most that are usually found in large cities, Including parilcdlarly high quality In the arts and a hospital syr tem of world reputation. Yet It remains eewntlaEy a large liberal arts college, with a cluster of varied professional schoob, producing a greater variety of interests and attitudes among both faculty and students than are found in most university commun. Ities. - Although the university Is clearly Iowa City's major "Industry," the town has ■ i ns &don system Is a marvel of convenience ani efficiency; the parka system Is exceptional, and most other services approach the high city in essentially well much one may deplo paamhw agencies. chis is assongoing pub• tic dialogue about govarnese stal arktM a remarkable do" of Interest In wbu"h. Be bodies do, and an ekeeptional effort to invoke others. During I7 yeah of raddnr In sate College, we were approached no mom then a haddoan taw about psi. -i err ntal aQa JJ how many tiro !Muth of" b the fact that r., e- People raw the yr!• John HarrYDn *rear to noun. aiYYll� yst hom.the uniwedty. It our a rises of sore Importance r the ear's Rist capital and - It has maintained Its individuality, ewer an the universittyy ha grown. . - The bdFWuallty Is enhanced by the shable and Bourlthlty athak common. Itla-notabgr Lyath6rFw, with ■ dayimide ofothem,Though 's residents am third anal rth gen station Americans, Nit isskty of hritalle remainsobsetnhis.. ? - The beauty and architectural quality of the community hr been protected and maintained to a remafkabie degree. Lien the downtown renontlon, now that it is finally nearing completion, preserves some of the historic qualities of Iowa City, along with some of the greenness of Its surround. Ings. we City'e'munlelpal aenices su be among the bed and art axPemalw tt- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES haw lost�iwmt d boot their own wei6w nota That arw major sero dooallywall udawa UM me& otlam.,o It Is why a dorm okay cool, w ". in oadhmry human mallomohlp i Brat Is motto be Insert In many, otEsbplam In Iowa today, you an enjoy M Can. ary UrIng In cosmlare that mor newly apptoxtraa0s thine of the 10th Gntury. The* are the majdr mmons we decided . to retie to Iowa City (Ohs y*, and a poi Itiw frcInatioa with the Iowa Rhea), and why we an WUUN to put up with the Wer ther and one or two other minor dirdwa- tages. We continue to get strange looks from our hands, including pme In Iowa, along with that upward-tiahu{ question: "But why would anyone want to retire b Iowa City?" That's all right, too. We figure the larger the number of people who ask that quer don, the more likely the things we JUN most about Iowa City and Corsly& we goIng to rsmaIn the way we Ilia them e)o The New York area's Metropolitan olputaticu kdarity has of . voted b dotal nae of the most 11 OW out ads of r0lidatipm ever to acme nt of Wash. inglm. At the Add' losing some SW ransit a t"sthierIA decided Peetowhit pian I or cotnplideg wt* xnt of I?aaoportatlm rains; tegayNtg that red esw� be,sopedblg'to."wMdctiau ij. •{, ot bot tells i lot abort me'p)apollts, 1101 hero tmpodog'�b state and boat gev�amutmb•_(aadr;bnaimlae01),; wd trwPo g'enerallY ab01t IM iendatnry am Impulse laie aa.ec6omdje lnoa• nor peopy, okdd'4uitWieith-me theme handicapped, dl mit of late Agedn the RekaYlltattoo Act Pf � stating that. "ro otherwise ed handicapped individual" sholrld • be excluded from .110 ;M gram or activity mvosivlag federal sw sidame." Bud few "*a woum mink Of whet the DOT .would do' with mla principle. hour buses and subway tralas. it takes five mfaoiea to operate a bus wlad- chair lift, and a AMM dmegw to put down subway gapdillers. Pbr lite ,sake of accesgbil(ty, the MTA. wnM have to inctesw delays for Its already longsffeing paeaeagem All of which tight conceivably be Justified if the.DOT accessibility regu- lation .were In (act helpful to the dha d. But 3 May 1979 surrey gtan's attractive abd laity tiooetdble Metra foµod only 31 wk011- elsi ails s among the system's 310; 009 W. riders. in icy Mtiwaukee, with 109' lift -equipped buses, bnb' alae wheelchair users took the bus 49 last November. The imr-mandated equip- ment does nothing to help most wheel• 0*users, who are elther use* or unwtftg to get to bus stops and sub- It ub It 100011 be much more, conva Lf at to provide wheelchair wen with door todoor service in specially egWpped tards or van. This service would ako be much cheaper -about $7 a ride Congteadac- last year. onal Budget Of- 9; f- 9;mcompared with S38 Otoa egwpmmL But from llpokrioe. Wash., to Brie, Pa., go Abilene, Teras, DOT has obstinately The quoted iangtage mem IXri tun down•requests from some two dozen public bus systems that already SAM,that every new public bra mut a wbeddudf lift C*ft up th ohave ffer asked, tM= to S7A000. That within 10 yeah, usually with pW Of local handicapped groups. to be ex• halt. oY each"dials" mut have web Yfss. That wift 30 yon, a& cued from wheelchair -lift ngrire- ' way oysters must retraAt key ata• tion make them aoceaalbfe -to meats. lisp James C. Cleveland (R, wheelchair ea—JkNethat nggirOs V-10 AW Sen. Edward Zoripoky (D., . Neb.)'.hive each sponsored amend•. Installation d elevataw as well as app clap egrdpmmt such as ,gspollm— nspy that' would give local" transit betweenpltdtamo and W&., eYatftd aaoe flexibility In serving the handicapped. Perhaps they will crap In the can of -New fork, the MTA such absurdities as the DOT's inds• estimates that retrofitting'tegulation , fence that the'Vall, Colo., transit sys• would require capital Investments of tem equip 14 buses with wheelchair about 11.6 bfilloi In current dollars, ;' Ctb, em though there Is only one and that the operation, repair and Wheelkhair user in the entire service maintenance of special .equipment ane, and she says she wouldn't take would coety additional $100 million the bu'snywny, a year. Wlthopt new federal subsidies ' What we have hero Is a re offs ed —aud In typical Weohtrgfon fuhion absndipn of the blind IegaUam' of coo DOT is mandating eody local. expen• , much regulation in Washington. The ditwes without supplying,tbe where- •,DOT,thft#4beelehalr users should withal—the higher operating expenses;.. right.M. have Ass to the same ap11on done would requirea 10-c int .fare MMM06*facWtles as everyone raise. Or the money would have' w be 'else. And sof the sake of this artificial diverted from activities where It. is ''kleaaf.eegqWllty, desperately'n'eeded, e,g., the rehabfli•' It Is wlWng to Impa01 enoffiia i taWd and maintenance of.tbe MIA's costs on already financlayr p mesed transit systems— rapidly deteriorating egWp mexi ,VM WAN waIIr1111k�1a.delmM►,iri Ichalr useso ' sus cud damage s�ya� to MTA esti• of D(iireggliawptswould•re• fheBa eegalatbrs •wYck tum the dues by 31-01 tM unnber"ot not., :l*t compaodon rga1M down, MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES o�v0� FISCAL YEAR 1.980. 1980 ANNUAL REPORT IOWA CITY BOARDS. and COMMISSIONS Q06a. �a1ennL"zn iiy JORM MICROLA13 CI .IAP p(iN1US ill's IAOI flt] a TABLE OF CONTENTS Page Airport Commission . • • • . . • . . . . . . . . . . . . . . 1 Board of Adjustment • • • • • • • • • • • • • . • . • . • • 4 Board of Appeals • • • • • • • . • • • . • • • • • • • • • . 5 0 _ Board of Examiners of Plumbers • • • • • • • • . • • • • • • 7 I . . . . 8 C'vil Service Commission • • • . • • . . . . . . . . . . . . 9 Committee on Community Needs • • • • . . . . . . . . . . . . 11 Design Review Committee • • . • . . . . . . . . . . . . . . 13 Governor Lucas Square Commission . . . . . . . . . . . . . . 15 Housing Commission/Housing Board of Appeals. . . . . . . . . 16 Human Rights Commission • . . . . . . . . . . . . . . . . . 19 Library Board • • • • • • • • • • • • • • • • • • • • • 23 Parks and Recreation Commission • • • • • • • • • • • • • • 25 Planning and Zoning Connissicn • • • • • • • • • • • 1 Police and Fire Retirement Systems Joint Board • • • • • • • 31 Resources Conservation Commission • • • • • • • • • • • • • 32 Riverfront Commission • • • • • • • • • • • • • • • • • • • 34 Senior Center Commission • • • • • • • • • • • • • • • • • • 36 I + I 9 TABLE OF CONTENTS Page Airport Commission . • • • . . • . . . . . . . . . . . . . . 1 Board of Adjustment • • • • • • • • • • • • • . • . • . • • 4 Board of Appeals • • • • • • • . • • • . • • • • • • • • • . 5 Board of Electrical Examiners and Appeals• . . . . . . . . . 6 Board of Examiners of Plumbers • • • • • • • • . • • • • • • 7 Broadband Telecommunications Commission. . . . . . . . . . . 8 C'vil Service Commission • • • . • • . . . . . . . . . . . . 9 Committee on Community Needs • • • • . . . . . . . . . . . . 11 Design Review Committee • • . • . . . . . . . . . . . . . . 13 Governor Lucas Square Commission . . . . . . . . . . . . . . 15 Housing Commission/Housing Board of Appeals. . . . . . . . . 16 Human Rights Commission • . . . . . . . . . . . . . . . . . 19 Library Board • • • • • • • • • • • • • • • • • • • • • 23 Parks and Recreation Commission • • • • • • • • • • • • • • 25 Planning and Zoning Connissicn • • • • • • • • • • • • • • • 27 Police and Fire Retirement Systems Joint Board • • • • • • • 31 Resources Conservation Commission • • • • • • • • • • • • • 32 Riverfront Commission • • • • • • • • • • • • • • • • • • • 34 Senior Center Commission • • • • • • • • • • • • • • • • • • 36 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N J Annual Report Airport Commission i I 1'. J Annual Report Airport Commission i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 1 J f dl 1 1 1 1 i J I 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I f ! I: 1 1 1 i I IOWA CITY MUNICIPAL AIRPORT COMMISSION 9MRAI RESPOr6f8fLITIES the Iowa City Municipal Airport Commission is a 5 member commission whose responsibility is to oversee the operation of the Iowa City Municipal Airport. It was created by referendum under provisions of the Code of Iowa, and is one of the two most autonomous commissions in city government. In general, it is empowered to do whatever it finds necessary to maintain the airport adequately, as long as the measures taken are legal, financially feasible, .and pertinent to the management of the airport; the commission cannot sell the airport, however, or any part of it without permission from the City nor dispose of any part of it (through, for example, long term leases) for purposes that are not airport-relateo. Although the City Council approves the Airport Commission budget and has been asked to appropriate money to help maintain the airport, the Airport Commission is part of the City's Enterprise Fund, and is theoretically able to be self-sustaining financially. Ideally, cooperation should exist between the Airport Commission, other City boards and commissions, and Iowa City government in general in order to avoid situations in which the City and the Airport Commission might work at cross purposes. ACCOMPLISHMENTS IN FY 1980: A new, full-time airport manager was hired, and with his help proceeded as follows: I. Instituted a 24 hr. per day telephone answering service and greatly improved the processes for handling citizen, airport -related complaints. 2. Took over the mowing and snow removal duties from City crews; using CETA help and the know-how and initiative of the new airport manager, costs were reduced. Note the improved appearance of the airport generally and the removal of weeds from the runways. Safety for the equipment operator was improved by the addition of a small radio to warn of incoming aircraft while runway maintenance is in progress. 3. Cooperated with the FAA in the installation of new VASI lights for safer and better aircraft landings. 4. Installed reflective taxiway markers for exits off the runways - another safety and convenience measure; also installed directional signs on the runways. 5. Evicted the non-paying lessor of the old United hangar office space and renovated the space; it is now ready to rent to provide the Commission with needed revenue. 6. Converted the boiler in the terminal building to natural gas for more efficient and economical heating (see last year's oil bills). 7. Installed new carpeting in the terminal building. 8. Increased farm revenue and decreased mowing expenses by turning over an additional 25 acres of land to be farmed. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao6a M J P `JI li - I rI :, 'd IOWA CITY MUNICIPAL AIRPORT COMMISSION 9MRAI RESPOr6f8fLITIES the Iowa City Municipal Airport Commission is a 5 member commission whose responsibility is to oversee the operation of the Iowa City Municipal Airport. It was created by referendum under provisions of the Code of Iowa, and is one of the two most autonomous commissions in city government. In general, it is empowered to do whatever it finds necessary to maintain the airport adequately, as long as the measures taken are legal, financially feasible, .and pertinent to the management of the airport; the commission cannot sell the airport, however, or any part of it without permission from the City nor dispose of any part of it (through, for example, long term leases) for purposes that are not airport-relateo. Although the City Council approves the Airport Commission budget and has been asked to appropriate money to help maintain the airport, the Airport Commission is part of the City's Enterprise Fund, and is theoretically able to be self-sustaining financially. Ideally, cooperation should exist between the Airport Commission, other City boards and commissions, and Iowa City government in general in order to avoid situations in which the City and the Airport Commission might work at cross purposes. ACCOMPLISHMENTS IN FY 1980: A new, full-time airport manager was hired, and with his help proceeded as follows: I. Instituted a 24 hr. per day telephone answering service and greatly improved the processes for handling citizen, airport -related complaints. 2. Took over the mowing and snow removal duties from City crews; using CETA help and the know-how and initiative of the new airport manager, costs were reduced. Note the improved appearance of the airport generally and the removal of weeds from the runways. Safety for the equipment operator was improved by the addition of a small radio to warn of incoming aircraft while runway maintenance is in progress. 3. Cooperated with the FAA in the installation of new VASI lights for safer and better aircraft landings. 4. Installed reflective taxiway markers for exits off the runways - another safety and convenience measure; also installed directional signs on the runways. 5. Evicted the non-paying lessor of the old United hangar office space and renovated the space; it is now ready to rent to provide the Commission with needed revenue. 6. Converted the boiler in the terminal building to natural gas for more efficient and economical heating (see last year's oil bills). 7. Installed new carpeting in the terminal building. 8. Increased farm revenue and decreased mowing expenses by turning over an additional 25 acres of land to be farmed. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao6a M P PLANS FOR FY 1981: 1. Completion of the Master Plan being done by L. R. Kimball and Associates. 2. Completion of the additional T -hangars --- one to be offered to the UI Air Care Services. 3. Continued emphasis on basic maintenance and repair of existing facilities. 4. Continued emphasis on improved public relations. 5. Development of additional revenue sources which will enable the airport to again be fully self-sustaining. 6. Completion of repairs to Old Jet and re -dedication of it as a war memorial (done, July 4, 1980). The Commission is proud of the progress that has been made during the past year at the airport. The Commission hopes to have the continued cooperation of the City government in the implementation of its FY 1981 plans. This report is submitted with the hope that in reading it the members of the City Council will bear in mind the problems the Commission and airport have had and see that the Commission is doing its best to solve them. BOARD MEMBERS: Caroline Dieterle, Chairperson Jan Redick, Vice -chairperson Emmit George Richard Phipps Dennis Saeugling (-r 2 I 9. Added a new aircraft parking area. 10. Completed a large amount of needed maintenance to terminal building, hangars and equipment. All of the work was done by the Airport Manager at great savings in labor and service costs. �I 11. Implemented a monthly newsletter. 12. Repaired a collapsed drainage grate on runway 6/24. 13. Instituted a new janitorial service for better terminal up -keep. 14. Secured a $10,000 federal grant for noise abatement study. ' 15. Sent the airport manager to make presentations to local groups and organizations and to sit in on the Chamber of Commerce Transportation g Committee in order to attempt to improve the airport's public relations. 16. Adopted a letterhead (airport stationery) to prevent the confusion that Ij has sometimes resulted from using Iowa City stationery. "" ) 17. Finalized plans for additional T -hangars. 18. Finalized plans for renovation and expansion of the airport terminal parking lot. 19. Initiated negotiations with the UI/Board of Regents to provide hangar �; I space and service at the airport for the Air Care Helicopter Service. 20. Began a thorough evaluation of the lease situation between the Airport Commission and the Iowa City Flying Service. PLANS FOR FY 1981: 1. Completion of the Master Plan being done by L. R. Kimball and Associates. 2. Completion of the additional T -hangars --- one to be offered to the UI Air Care Services. 3. Continued emphasis on basic maintenance and repair of existing facilities. 4. Continued emphasis on improved public relations. 5. Development of additional revenue sources which will enable the airport to again be fully self-sustaining. 6. Completion of repairs to Old Jet and re -dedication of it as a war memorial (done, July 4, 1980). The Commission is proud of the progress that has been made during the past year at the airport. The Commission hopes to have the continued cooperation of the City government in the implementation of its FY 1981 plans. This report is submitted with the hope that in reading it the members of the City Council will bear in mind the problems the Commission and airport have had and see that the Commission is doing its best to solve them. BOARD MEMBERS: Caroline Dieterle, Chairperson Jan Redick, Vice -chairperson Emmit George Richard Phipps Dennis Saeugling MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES t� m 2 MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES i. i � I i FINANCIAL INFORMATION - IOWA CITY MUNICIPAL AIRPORT COMMISSION - FY 1981 The information in this report has been extracted from the lists of monthly bills approved at Airport Commission meetings and from the year-end summary prepared for the Commission by the City Finance Department. Proj?cted Receipts - airport generated (rents, flowage fees, farm income): $31,550 Actual Receipts - Budgeted Expenses - Actual Expenses - $33,800 $53,285 $90,258 It should be noted that the Commission hired a full-time manager and had more maintenence expense than expected (all of it necessary to preserve the facility tJ or long overdue). The Council gave the Commission an additional $30,000 (budget amendment) and some federal grant money was also received, so that the Commission did not end the year in the red. BREAKDOWN OF ACTUAL EXPENSES (not a complete list) Building maintenance costs - $ 5,226 This figure excludes: new roof $ 7,980 new furnace $ 4,242 carpeting $ 3,205 runway repairs $ 1,500 concrete work $ 1150 18,077 it Utilities $ 4,357 Heating oil $ 4,100 Janitorial service $ 1,365 Snow removal $ 2,900 ; Restroom supplies & maintenance $ 340 Water $ 289 Telephone $ 99 Total flowage fee receipts: $3,472 (24 per gallon sold) ! Assuming a 104 per gallon profit, the fuel operation netted the Iowa City Flying Service $17,360. Total rents from the Iowa City Flying Service: $18,553 The rentals per square foot of airport buildings range from $2.33 per year for the terminal building to 164 per year for the old United hangar. i J i i J u LJ u J i 7 i - I The information in this report has been extracted from the lists of monthly bills approved at Airport Commission meetings and from the year-end summary prepared for the Commission by the City Finance Department. Proj?cted Receipts - airport generated (rents, flowage fees, farm income): $31,550 Actual Receipts - Budgeted Expenses - Actual Expenses - $33,800 $53,285 $90,258 It should be noted that the Commission hired a full-time manager and had more maintenence expense than expected (all of it necessary to preserve the facility tJ or long overdue). The Council gave the Commission an additional $30,000 (budget amendment) and some federal grant money was also received, so that the Commission did not end the year in the red. BREAKDOWN OF ACTUAL EXPENSES (not a complete list) Building maintenance costs - $ 5,226 This figure excludes: new roof $ 7,980 new furnace $ 4,242 carpeting $ 3,205 runway repairs $ 1,500 concrete work $ 1150 18,077 it Utilities $ 4,357 Heating oil $ 4,100 Janitorial service $ 1,365 Snow removal $ 2,900 ; Restroom supplies & maintenance $ 340 Water $ 289 Telephone $ 99 Total flowage fee receipts: $3,472 (24 per gallon sold) ! Assuming a 104 per gallon profit, the fuel operation netted the Iowa City Flying Service $17,360. Total rents from the Iowa City Flying Service: $18,553 The rentals per square foot of airport buildings range from $2.33 per year for the terminal building to 164 per year for the old United hangar. i i I, i• Annual Report Board of Adjustment i j- 'I y � z 1 1 J ILII i HPI n u t Vq �I 1 i r �H4 : I. I �I I • f . I ( I{I .. ` 1 I • •r•'•'�'�--. ". •.��..wn..ar.... u��4n.�4�y»�.ti4YaW 4�OY[Wa�eaY W unY+l Y`wvw MICROFILMED By JORM MICR+LAB �., CEDAR RAPIDS DES MOINES , 1, BOARD 01 ADJIISIMINI GLNERAL RESPONSIBILITIES In appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinances in harmony with general purpose and intent_ and in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the Council in adoption of such regulations and restrictions may petition the said Board of Adjustment directly to modify regulations and restrictions as applied to such property owners. It can only act pursuant to the zoning ordinance. It provides for granting a variance. Variances granted under Iowa Code, Chapter 414.12(3) and Iowa City Municipal Code 8.10.28.H.1(d) may only be granted in the case of "unnecessary hardship." The hardship must be substantial, serious, real, and of compelling force, as distinguished from reasons of convenience, maximization of profit or caprice. ACCOMPLISHMENTS IN FY80 The Board of Adjustment met six times during the fiscal year 1980 and reviewed 10 appeals. The Board made the following decisions: i Variances: 2 approved, 3 denied. Special Exceptions: 1 approved. Special Use Permits: 2 approved. "l ;�j Interpretations: 1 approved, 1 denied. BOARD MEMBERS* James L. Harris David Baldus Jeanann Bartels Peter C. Vanderhoef Daniel Hall *The Chair and Vice Chair positions rotate among members quarterly. The Secretary is Don Schmeiser. 4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES aoba. � h ll F j.. Annual Report Board of Appeals I I i MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 1 I � 1 ` „b N C 1 i � i J i MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 1 I MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 1 I „b N 1 1 BOARD OF APPEALS GENERAL RESPONSIBILITIES It is the responsibility of the Board of Appeals as set by City ordinance to review the Uniform Building Code, the Uniform Building Code Standards, the Uniform Mechanical Code, and the Uniform Code for the Abatement of Dangerous Buildings. To update and recommend code amendments for the development of these regulatory codes. To assist the building official in making interpretations. To develop.fee schedules for various permits. To hear appeals from any person that is aggrieved by a decision of the Building Official and pass judgment on that appeal. To approve alternate methods of construction and materials. This Board consists of five citizens who live within the corporate limits of the City of Iowa City and one ex officio member who is the Building Official designated as the secretary of the Board. ACCOMPLISHMENTS IN FY1980 Received and approved two alternate methods of construction for the new Library building. Met six times to review code amendments adopting the new 1979 Uniform Building Code, the Uniform Building Code Standards, the Uniform Mechanical Code, and the Uniform Code for the Abatement of Dangerous Buildings. Met one time to approve and recommend for Council adoption the amendments to new regulatory codes. Received two resignations from Board members because of conflict of interests. Met one time to assist building official with an interpretation of the Uniform Building Code. PLANS FOR FY1981 Continue to review and update all the regulatory codes. Continue to receive appeals and pass judgment on those appeals. Continue to assist the Building Official with code interpretation. Continue to receive applications to fill two vacancies to the Board. BOARD MEMBERS Warren J. Buchan, Chairman Harold L. Franklin, Vice -Chairman Glenn R. Siders, Secretary Robert Carlson Vacancy Vacancy 5 a �CoL MICROFILMED BY - JORM MIC R+LA19 CEDAR RAPIDS • DES MOINES . „h u u t, h J I A r � BOARD OF APPEALS GENERAL RESPONSIBILITIES It is the responsibility of the Board of Appeals as set by City ordinance to review the Uniform Building Code, the Uniform Building Code Standards, the Uniform Mechanical Code, and the Uniform Code for the Abatement of Dangerous Buildings. To update and recommend code amendments for the development of these regulatory codes. To assist the building official in making interpretations. To develop.fee schedules for various permits. To hear appeals from any person that is aggrieved by a decision of the Building Official and pass judgment on that appeal. To approve alternate methods of construction and materials. This Board consists of five citizens who live within the corporate limits of the City of Iowa City and one ex officio member who is the Building Official designated as the secretary of the Board. ACCOMPLISHMENTS IN FY1980 Received and approved two alternate methods of construction for the new Library building. Met six times to review code amendments adopting the new 1979 Uniform Building Code, the Uniform Building Code Standards, the Uniform Mechanical Code, and the Uniform Code for the Abatement of Dangerous Buildings. Met one time to approve and recommend for Council adoption the amendments to new regulatory codes. Received two resignations from Board members because of conflict of interests. Met one time to assist building official with an interpretation of the Uniform Building Code. PLANS FOR FY1981 Continue to review and update all the regulatory codes. Continue to receive appeals and pass judgment on those appeals. Continue to assist the Building Official with code interpretation. Continue to receive applications to fill two vacancies to the Board. BOARD MEMBERS Warren J. Buchan, Chairman Harold L. Franklin, Vice -Chairman Glenn R. Siders, Secretary Robert Carlson Vacancy Vacancy 5 a �CoL MICROFILMED BY - JORM MIC R+LA19 CEDAR RAPIDS • DES MOINES . „h I Annual Report Board of Electrical Examiners Electrical Appeal Board MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ao6a i J i :.r n i S 9h � I r 1 lr, r11 _ t •I i _I :7 J _ y a— BOARD OF ELECTRICAI ENAMIN[RS AND APPEAIS RESPONSIBILITIES To examine all dppl icants designed to engage 'n use Viol,, ;.r work, whether as a master electrician e ,n.urneyman r er ,.n. Examining Board is also the Appeals Board and al' sera ie�.0 Board should any disagreement arise between r.hr. •I. •..er Ei, _ ri,. al.1 I Electrical Inspector. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Examining Board met eight times giving Lests to 36 appii xuls i . four masters and 19 journeymen passing. The Appeals Board l.;o n !t se -n other times to hear grievances about work being done at variors 'ocaLio. in the City. PLANS FOR FISCAL YEAR 1981 To continue examining applicants for electrical licenses and to review and adopt the 1981 National Electrical Code with amendments. LIST OF MEMBERS Ferrell E. Turner, Chairman Paul Bowers, Electrical Inspector, Secretary Dale J. Flannery Jack I. Young N MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES aO6 a a I Annual Report - Board of Plumbing _.; Examiners J I I r - ev t rn LI s f J t � i I � i - MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS •DES MOINES y r's... n r I -r • f v r � n r I -r v r � n r I �11 In BOARD OF EXAMINERS OF PLUMBERS GENERAL RESPONSIBILITIES To examine all applicants desiring to engage in the work of plumbing, whether as a Master Plumber or as a Journeyman Plumber. The examining board shall also serve as a grievance board should any disagreement arise between a ma�,Ler plumber and the plumbing inspector. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Board of Examiners of Plumbers met seven times during the past fiscal year. Tests were given during four of the meetings to four- applicants for master plumber license and five applicants for journeyman licenses. Four masters and three journeymen passed. Three public meetings were held on code interpretations and discussions of the 1979 Plumbing Code. PLANS FOR FISCAL YEAR 1981 To continue examining applicants for plumbing licenses. To adopt 1979 Uniform Plumbing Code with amendments. BOARD MEMBERS Ralph Taylor, Plumbing Inspector, Chairman Ronald J. Burkett Jesse Irwin James Mulford 7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES QNS Q. I Annual Report Broadband Telecommunications Commission i 4 i/ 1 Annual Report Broadband Telecommunications Commission i i/ 1 1 BROADBAND TELECOMMUNICATIONS COMMISSION COMMISSION OVERVIEW AND RESPONSIBILITIES The Broadband Telecommunications Commission (BTC) is a City commission comprised of five Iowa City citizens and is mandated to facilitate and regulate the smooth and effective development and operation of the City's Broadband Telecommunications Network (BTN). The Commission makes its recommendations to the City Council on matters pertaining to the BTN, resolve disputes about the operation of the BTN, conducts periodic evaluations of BTN operation, and in general facilitates BTN use by the -- citizens of Iowa City, which includes the promotion and facilitation of the access channels. ACCOMPLISHMENTS 1N FY80 During fiscal year 1980 the BTC spent a great deal of time developing a set of rules and guidelines ,for the public access channel, monitoring the initiation and progress of BTN construction and considering an extension request by the grantee, Hawkeye Cablevision. The BTC's accomplishments include: 1. Elected chairperson (R. Pepper) and vice -chairperson (W. Terry). 2. Drafted (in conjunction with Hawkeye Cablevision, the Broadband Telecommunications Specialist and citizens of Iowa City) the public access channel guidelines and policies. 3. Considered an extension request of the ordinance required deadline (25 percent of dwelling units in Iowa City are offered full network service within one year of when the franchise becomes effective) from Hawkeye Cablevision. 4. Monitored the BTN construction progress. PLANS FOR FY81 In the coming year the BTC will continue to monitor the development of the BTN construction and resolve citizen complaints and disputes. It will also continue to promote and facilitate the growth and development of cable access channels (public access channel, government access channel, educational access channel and public library access channel), and use of public access facilities. COMMISSION MEMBERS Robert Pepper, Chairperson William Terry Sandra Eskin Bruce Washburn Jen Madsen 101 aob�. I i IJ i n _ J 1 i I . ! ! __ ACCOMPLISHMENTS 1N FY80 During fiscal year 1980 the BTC spent a great deal of time developing a set of rules and guidelines ,for the public access channel, monitoring the initiation and progress of BTN construction and considering an extension request by the grantee, Hawkeye Cablevision. The BTC's accomplishments include: 1. Elected chairperson (R. Pepper) and vice -chairperson (W. Terry). 2. Drafted (in conjunction with Hawkeye Cablevision, the Broadband Telecommunications Specialist and citizens of Iowa City) the public access channel guidelines and policies. 3. Considered an extension request of the ordinance required deadline (25 percent of dwelling units in Iowa City are offered full network service within one year of when the franchise becomes effective) from Hawkeye Cablevision. 4. Monitored the BTN construction progress. PLANS FOR FY81 In the coming year the BTC will continue to monitor the development of the BTN construction and resolve citizen complaints and disputes. It will also continue to promote and facilitate the growth and development of cable access channels (public access channel, government access channel, educational access channel and public library access channel), and use of public access facilities. COMMISSION MEMBERS Robert Pepper, Chairperson William Terry Sandra Eskin Bruce Washburn Jen Madsen 101 aob�. MICROFILMED BY JORM MICR+LAB 0. CEDAR RAPIDS • DES MOINES ;., I 'I i , t . MICROFILMED BY JORM MICR+LAB 0. CEDAR RAPIDS • DES MOINES ;., 0 pa 1 Report A ftlilluct, Civil Service Commission I MICROFILMED BY DORM MICR+LA13 CEDAR RAPIDS - DES MOINES -S A 77-- pa 1 Report A ftlilluct, Civil Service Commission I MICROFILMED BY DORM MICR+LA13 CEDAR RAPIDS - DES MOINES -S n CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Code of Iowa and Section 2-111, 1978 Code of Ordinances, establishes and governs the Civil Service Commission. Three citizens who are residents of the city are appointed by the City Council to serve six-year terms with one Commissioner's term expiring each even - numbered year. During the last two years of his or her term, each Commissioner serves as Chair. During FY80, William G. Nusser completed a six-year term, and Bruce Walker was appointed by the City Council to the Commission. The Commission establishes and publishes rules relating to examinations for Civil Service positions and establishes guidelines for conducting such examinations, certifies lists of persons eligible for appointment to respective positions, and publishes an annual seniority list. The Commission has jurisaiction to hear and determine all matters involving the rights of Civil Service employees.and may affirm, modify, or reverse any case on its merits. The Commission meets when necessary. ACCOMPLISHMENTS IN FY80 The Civil Service Commission met ten times during FY80. On two occasions, examinations were administered, and on two others, oral interviews were conducted. The following lists were certified and submitted to the City Council for approval: 1. Firefighter - entry level 8/6/79 2. Fire Battalion Chief, Captain, and Lieutenant 1/17/80 For the first time in several years, major changes were made in the examinations for entry-level firefighter to include aptitude and personality tests which reflect recent improvements in personnel selection. Three Iowa City firefighters participated and provided valuable assistance in the oral interviews of entry-level candidates. Twenty-four firefighters and officers also completed the new entry-level tests to provide a validation sample. Following fire promotional examinations, candidates had an opportunity to meet with the representative from the Fire Extension Service of Iowa State University, the agency conducting the exams, to go over their tests and to receive constructive feedback about their performance in order to improve their scores. The Commission held one hearing during FY80 to rule on modifying a demotion of a City employee. For the first time, the Commission employed a hearing officer to preside and to advise the Commission on legal matters. I MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES C266 a M I 71 i t 1 — _I i n CIVIL SERVICE COMMISSION GENERAL RESPONSIBILITIES Chapter 400 of the Code of Iowa and Section 2-111, 1978 Code of Ordinances, establishes and governs the Civil Service Commission. Three citizens who are residents of the city are appointed by the City Council to serve six-year terms with one Commissioner's term expiring each even - numbered year. During the last two years of his or her term, each Commissioner serves as Chair. During FY80, William G. Nusser completed a six-year term, and Bruce Walker was appointed by the City Council to the Commission. The Commission establishes and publishes rules relating to examinations for Civil Service positions and establishes guidelines for conducting such examinations, certifies lists of persons eligible for appointment to respective positions, and publishes an annual seniority list. The Commission has jurisaiction to hear and determine all matters involving the rights of Civil Service employees.and may affirm, modify, or reverse any case on its merits. The Commission meets when necessary. ACCOMPLISHMENTS IN FY80 The Civil Service Commission met ten times during FY80. On two occasions, examinations were administered, and on two others, oral interviews were conducted. The following lists were certified and submitted to the City Council for approval: 1. Firefighter - entry level 8/6/79 2. Fire Battalion Chief, Captain, and Lieutenant 1/17/80 For the first time in several years, major changes were made in the examinations for entry-level firefighter to include aptitude and personality tests which reflect recent improvements in personnel selection. Three Iowa City firefighters participated and provided valuable assistance in the oral interviews of entry-level candidates. Twenty-four firefighters and officers also completed the new entry-level tests to provide a validation sample. Following fire promotional examinations, candidates had an opportunity to meet with the representative from the Fire Extension Service of Iowa State University, the agency conducting the exams, to go over their tests and to receive constructive feedback about their performance in order to improve their scores. The Commission held one hearing during FY80 to rule on modifying a demotion of a City employee. For the first time, the Commission employed a hearing officer to preside and to advise the Commission on legal matters. I MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES C266 a M I r, n The Commission also continued its correspondence with other Civil Service Commissions in the state and sent representatives to regional meetings. In its attempts to help bring the City into full compliance with Civil Service law, the Commission is reviewing and further refining its selection procedures; including establishing more comprehensive ways to obtain accurate employee evaluations by supervisors. The Commission is studying compliance plans of other Iowa cities in order to make a smooth transition for Iowa City employees. MEMBERS Jane Anderson, Chairperson Arletta L. Orelup Bruce L. Walker 10 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L 11 U U 4.� U UZ i 1 r, n The Commission also continued its correspondence with other Civil Service Commissions in the state and sent representatives to regional meetings. In its attempts to help bring the City into full compliance with Civil Service law, the Commission is reviewing and further refining its selection procedures; including establishing more comprehensive ways to obtain accurate employee evaluations by supervisors. The Commission is studying compliance plans of other Iowa cities in order to make a smooth transition for Iowa City employees. MEMBERS Jane Anderson, Chairperson Arletta L. Orelup Bruce L. Walker 10 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L 11 U U 4.� U UZ Annual Report Committee on Community Needs I k 1 t 4[� µq j' Y;1 i I rl Y r 1 f7 .1 i 1 [J r :l` � 1 Y, i J MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES c'240ee eZ k 1 4[� µq j' i I rl r 1 .1 i c'240ee eZ k �t 4[� µq j' COMMITTEE ON COMMUNITY NEEDS — i COMMITTEE RESPONSIBILITIES The Committee on Community Needs is comprised of eleven residents of Iowa City appointed by the City Council. They represent as nearly as possible a cross-section of the Iowa City population in background, ideas, geographic location, and socio-economic status. The Committee's function is "to coordinate communications channels between groups and citizens of Iowa City and the City Council and staff, and to respond to program proposals as solutions designed to meet the community needs." The Committee's work has been primarily directed at developing, coordinating, and reviewing the City's activities carried Housing II out with and Urban Development Block Grant funding. r ACTIVITIES IN FY 80 As in previous years CCN has monitored progress on all the programs funded for this year with Community Development Block Grant funds, as well as those programs carried over from previous years. The two programs in operation during the past year were the fifth year of the five year, $8 million, Community Development Block Grant (CDBG) hold harmless program, and the first year of the three year, $2 million, Small Cities Lower Ralston Creek Neighborhood Revitalization Program. " In addition, considerable Committee time was involved in neighborhood meetings, public hearings and radio programs relating particularly to the Small Cities program. The Grantee Performance Report and the second year application for Small Cities funding were reviewed in detail with various LJ groups of citizens. _ Individual Committee members continued to monitor specific projects, and the Committee spent considerable time trying to insure the timely I — completion of the Neighborhood Site Improvement Projects, and the Ralston Creek flood control projects. During the latter part of the year the Committee began to consider possible future target areas within Iowa City where improvements could be made using CDBG funds. - The Committee also considered various citizen requests and proposals during the year. These requests included such problems as traffic control — at various city intersections, the need for better street lighting in some _ areas of the city, and a request to use CDBG funds to bury the utilities in the downtown urban renewal area. PLANS FOR FY 81 This year should see the completion of the remaining CDBG projects such as the Ralston Creek South Branch Detention Basin and the Senior Center. In addition, we hope that land will be bought for the Ralston Creek North Branch Detention Basin, although this project cannot be finished during FY — 11 — �o o�c� C a MICROFILMED BY DORM MICR+LAB t CEDAR RAPIDS DES MOINES - I 81. The Committee will attempt to keep all projects moving in an efficient manner, and hopes to see the start of creek improvements in the Lower Ralston Creek Neighborhood Revitalization Area. Much of CCN's time will be spent in working with different neighborhoods to determine their needs and in identifying future neighborhood strategy areas for intensive improvements. The Committee will attempt to involve more citizens in all the steps of community development planning and implementation. COMMITTEE MEMBERS Jim Hall, Chairperson Horace Amidon, Vice -Chairperson Martha Barker Margaret Bonney Wayne Draper Kenneth Haldeman Ronald Johnson Mable Jones Pat McCormick Milo Pecina Leonard VanderZee I 1-4 2 L 4 �I 9 m 12 :AI MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 3 1 H I a it1 i e l 1-4 2 L 4 �I 9 m 12 :AI MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES H 1 Annual Report Design Review 1,71 Committee FrIl MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES i. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES DESIGN REVIEW COMMITTEE COMMITTEE RESPONSIBILITIES The Design Review Committee's function is to review and make recommenda- tions to the City Council on the architectural, aesthetic, and general design aspects of proposed private Urban Renewal redevelopment projects, and all proposed public and private improvements within and adjacent to the Central Business District. COMMITTEE BUSINESS The review of the following design plans was completed in a timely manner in accordance with the Committee's objectives: Commended the First National Bank for the design of the extension of their building. Approved the design plans for the Block 64 parking ramp. Recommended to the City Council to approve the design plans for the Streetscape Phase IIB with the provision that single species of trees be planted on both the nnrth and south sides of Washington Street and also on the east and west sides of Capitol Street. Recommended to the City Council to approve the design plans for the old Roshek's building. Recommended to the City Council to ap^rove the Streetscape Phase II -C Concept Plan with certain changes. Recommended to the City Council to approve the final landscape planting plan for the Streetscape Improvement Project Phase II -B. Recommended to the City Council that the final design plans for the Iowa City Senior Center (former U.S. Post Office) be approved. Approved the brick and Portland concrete mortar as the exterior surface on the 0'Id Capitol Center. Reviewed the College Plaza Development Company's conceptual design plans for the Block 64 hotel/retail project. Sent a letter of commendation to Perpetual Savings & Loan for the quality of design of their new building. COMMITTEE DIRECTIONS FOR 1980-81 In addition to the ongoing responsibilities described above, the Committee has been discussing and working on plans to present a design workshop for downtown business people and developers. 13 U4 a-)- _ s , -1 J .. ... - ill J i I 1 — DESIGN REVIEW COMMITTEE COMMITTEE RESPONSIBILITIES The Design Review Committee's function is to review and make recommenda- tions to the City Council on the architectural, aesthetic, and general design aspects of proposed private Urban Renewal redevelopment projects, and all proposed public and private improvements within and adjacent to the Central Business District. COMMITTEE BUSINESS The review of the following design plans was completed in a timely manner in accordance with the Committee's objectives: Commended the First National Bank for the design of the extension of their building. Approved the design plans for the Block 64 parking ramp. Recommended to the City Council to approve the design plans for the Streetscape Phase IIB with the provision that single species of trees be planted on both the nnrth and south sides of Washington Street and also on the east and west sides of Capitol Street. Recommended to the City Council to approve the design plans for the old Roshek's building. Recommended to the City Council to ap^rove the Streetscape Phase II -C Concept Plan with certain changes. Recommended to the City Council to approve the final landscape planting plan for the Streetscape Improvement Project Phase II -B. Recommended to the City Council that the final design plans for the Iowa City Senior Center (former U.S. Post Office) be approved. Approved the brick and Portland concrete mortar as the exterior surface on the 0'Id Capitol Center. Reviewed the College Plaza Development Company's conceptual design plans for the Block 64 hotel/retail project. Sent a letter of commendation to Perpetual Savings & Loan for the quality of design of their new building. COMMITTEE DIRECTIONS FOR 1980-81 In addition to the ongoing responsibilities described above, the Committee has been discussing and working on plans to present a design workshop for downtown business people and developers. 13 U4 a-)- i n The workshop would focus on renovation of existing buildings and would encourage developers to confer with designers. We would hope to include architects and designers to participate on the program; arrange a walking - tour to point -out examples or give suggestions; show a film which is titled "Main Street" and is available through the National Trust for Historic Preservation. COMMITTEE ACKNOWLEDGMENTS The Committee wants to thank Larry Chiat for his cooperation and informa- tion and his secretarial staff for their assistance. BOARD MEMBERS Robert Alexander Bruce Haupert Laurence Lafore Annette Lilly, Chairperson Nancy Seiberling Don Sinek Joyce Summerwill Tom Wegman James.Wockenfuss 14 f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 i I yy 1 — - i n j r, n The workshop would focus on renovation of existing buildings and would encourage developers to confer with designers. We would hope to include architects and designers to participate on the program; arrange a walking - tour to point -out examples or give suggestions; show a film which is titled "Main Street" and is available through the National Trust for Historic Preservation. COMMITTEE ACKNOWLEDGMENTS The Committee wants to thank Larry Chiat for his cooperation and informa- tion and his secretarial staff for their assistance. BOARD MEMBERS Robert Alexander Bruce Haupert Laurence Lafore Annette Lilly, Chairperson Nancy Seiberling Don Sinek Joyce Summerwill Tom Wegman James.Wockenfuss 14 f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 i J i n j r, �j !J J j r, � kk A u � Y . 4 " .. 1.,.� ... J - _ a 1 1 MICROFILMED BY JORM MICR+LAO • - CEDAR RAPIDS DES MOINES r i� GOVERNOR LUCAS SQUARE COMMISSION GENERAI RESPONSIBILITIES the Governor Lucas Square Commission was established by Resolution No. 78- 34 dated February 7, 1978, to manage and direct the Governor Lucas Square Fund. In accordance with the Resolution, the Commission will stand dissolved three years from the effective date of the resolution, which will be February 7, 1981. ACCOMPLISHMENTS IN FY 1980 During 1979 we saw the fund raising drive come to an end. The fountain construction was very close to being finished. We had the water on and the formal dedication in the fall. Donald Kaul was the principal speaker and this program began a weeklong schedule of events sponsored jointly by the Iowa City/Johnson County Arts Council, the City and the Downtown Businesses Association. 1980 will see the final adjustments to the water flow and the raising of the last few dollars that have been pledged to finish paying for the final costs. COMMISSION MEMBERS Michele Fisher, Co -Chairperson Tom Wegman, Co -Chairperson Larry Eckholt J ��1�.}..u....111.4 •11 15 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M y M N 1� r .I i� J �I r, J GOVERNOR LUCAS SQUARE COMMISSION GENERAI RESPONSIBILITIES the Governor Lucas Square Commission was established by Resolution No. 78- 34 dated February 7, 1978, to manage and direct the Governor Lucas Square Fund. In accordance with the Resolution, the Commission will stand dissolved three years from the effective date of the resolution, which will be February 7, 1981. ACCOMPLISHMENTS IN FY 1980 During 1979 we saw the fund raising drive come to an end. The fountain construction was very close to being finished. We had the water on and the formal dedication in the fall. Donald Kaul was the principal speaker and this program began a weeklong schedule of events sponsored jointly by the Iowa City/Johnson County Arts Council, the City and the Downtown Businesses Association. 1980 will see the final adjustments to the water flow and the raising of the last few dollars that have been pledged to finish paying for the final costs. COMMISSION MEMBERS Michele Fisher, Co -Chairperson Tom Wegman, Co -Chairperson Larry Eckholt J ��1�.}..u....111.4 •11 15 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M y M � r 1� Annual Report Housing Commissions -' Housing Board of Appeals I 1, I i 1 i V. - ... MICROFILMED BY JORM MICR+LA13 �,� CEDAR RAPIDS pE5 MOINES MICROFILMED BY JORM MICR+LAB 'k t CEDAR RAPIDS • DES MOINES !7,. HOUSING COMMISSION/HOUSING BOARD OF APPEALS RESPONSIBILITIES The Housing Commission consists of seven residents of the City of Iowa — City appointed by the -City Council. The Commission shall investigate, study, review and analyze the housing needs and the meeting of such needs within the City of Iowa City, Iowa, and shall investigate and determine if any slum areas exist _ or other areas where there is unsafe, unsanitary or overcrowded housing conditions, and shall — study and investigate and make recommendations relating to the problem of clearing, — replanning, and constructions of slum areas and theroblem of accommodations for elders P providing dwelling lowoti The Commission shall reportetoothe oCity rCouncisons l fr i _ mf eedtomtimeothe results of the Commission's studies and investigations and the Commission's i recommendations. " In short, the purpose of the Housing Commission/Housing Board of Appeals is to promote clean decent 7 and safe housing for the citizens of Iowa City. :1 ACCOMPLISHMENTS IN FISCAL YEAR 1980 During the period covered by the report, the Housing Commission held eleven regular meetings, two of which were extended to a second day. One special meeting was held in the evening to receive input concerning changes to the Housing Maintenance and Occupancy Code and the proposed implementation of the Code covering snow removal from sidewalks. One special meeting held was to consider the proposal from Southgate Develop- ment to build 35 units of Public Housing. Significant ..JJ activities include: I a. The Commission, in its continuing role in overviewing the Section 8 Existing Housing Program, ' J remained current on the changes promulgated by HUD and recommended to the Council that an application for additional units be submitted. This was approved by Council; however, a revised allocation plan published by the Des Moines _! Field Office did not set aside units for the Southeast Non -Metro Area, so the application _ was not submitted. The Commission is pleased to note that the program is fully utilized, and it appears the staff will maintain that level. b• While progress on actual production of Public Housing units is slow, the City did bringing the totals to 68 family ve an additionaltunits, of n nto nlits. Antlinvitatioon submit "Turnkey" proposals was published, but only one i proposal for 35 units was submitted. The Commission reviewed this recommended proposal and that the proposal be accepted and the tentative selection of the developer be I pursued. Because of the limited response to the Turnkey Invitation, the Commission heartily endorses efforts to convert the funds remaining in the allocations be converted to either the Conventional method of production or acquisition of existing units. i j - 16 MICROFILMED BY JORM MICR+LAB 'k t CEDAR RAPIDS • DES MOINES !7,. } aI C. The staff completed drafting the Housing Information Pamphlet which the Commission approved. The booklet was published and distributed. i 1 d. Considerable effort and time has been spent on changing and revising the Housing Maintenance and Occupancy Code. With the rescission of Chapter 413 of the Code of Iowa and adoption of House File #2536 at the State level, the Commission formed a Task Force consisting of ^; three members of the Commission and six members of the private sector, representing tenants and owners, to study, rewrite and { j1 recommend adoption of a local code to meet the requirements of the III state code. This will be an ongoing effort and will contain recommendations on implementation and enforcement. During this report period, the Commission reviewed and recommended changing the inspection fee and supported the retention of Housing Inspectors to _ maintain the level of quality achieved in the housing inventory. l- .. I ' e. Reviewed and recommended adoption of the 2nd Year Housing Assistance Plan as presented by the staff, and recommended submission of the Performance Report on the 1st Year activities. f. Reviewed and approved seven applications for Rehabilitation Loans and grants. g. Tom Walz, Director of Gerontology Project at University of Iowa, !�y� discussed various aspects of Congregate Housing. Interest and work it will continue on this subject. In the capacity of the Housing Appeals Board, the Commission met 12 times and received a total of 71 appeals of which 42 were heard at formal hearings. The Appeals Board upheld the inspector 25 times, modified the d decision 9 times, and found in favor of the appellant 8 times, and n 1 dismissed 29 cases due to code changes. i The Commission feels that the Appeals Board must be authorized to grant !ll variances where it can be shown that the variance would not be in conflict tl with the intent of the provisions of the Housing Maintenance and Occupancy Code. While much has been accomplished in the form of rewriting the Code and its implementation, a final recommendation to the Council will be made in the fall of 1980. It is hoped the new code and its implementation will g reduce the number of appeals in the future. g R PLANS FOR FISCAL YEAR 1981 C] a. Continued support of Public Housing through completion of at least 35 €� units. Ej b. Continue overview of the Section 8 Existing Housing Program, provide input and assistance in applying for additional Section 8 Existing t li units, and encourage new construction, if feasible. C. Complete revision of the Housing Maintenance and Occupancy Code for presentation to Council by early fall. e� e^a i> d y, 17 r 1 MICROFILMED BY JORM MIC R¢LA9 - ' CEDAR RAPIDS • DES MOINES } i �I r y� z� �I r y� z� mR i I r � J t Ia !� d. Conduct workshop on Congregate Housing, Fall, 1980. e. Continue support of Housing Rehabilitation Program and approval/dis- approval of applicants. f. Hear appeals while acting as the Housing Appeals Board, as needed, and monitor changes made in duties'of staff. g. Work with Planning and Zoning Commission, where practical, on problems related to housing. Review "Draft" Zoning Ordinance as it pertains to housing. Work closely with Planning and Zoning Commission and provide input on any ordinance affecting housing. COMMISSION MEMBERS M. Diane Klaus, Chairperson Leonard J. Vander Zee, Vice Chairperson Kathleen Graf Goldene B. Haendel Rachel Dennis. Mark Koenig Carol A. Karstens UP _ _.r- .I..,1 -_-..- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES r y� mR n Annual Report j Human Rights _ Commission �i a F � 1 0 i n Annual Report j Human Rights _ Commission , F � 1 0 f ,1 , F � 1 f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES HUMAN RIGHTS COMMISSION The Iowa City Human Rights Commission submits this report to the City Council of the City of Iowa City indicating our achievement on each of the established budget objectives for FY80 and outlining the directions planned for FY81. This report is part of a continuous evaluation of Commission functions many of which are multi-year and on-going activities. GENERAL RESPONSIBILITIES The duties of the Iowa City Human Rights Commission, as established under the ordinance, are to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of the ordinance and to protect citizens from unfounded charges of discriminatory practices. To accomplish these broad duties, the Commission has the responsibility to identify and study discrimination in areas covered by the ordinance; to issue publications and reports of such research; to make recommendations to the City Council regarding further legislation that may be necessary; to cooperate with other appropriate agencies or organizations in an effort to eliminate discrimination and intergroup tensions; and to make recommendations to the City Manager and the City Council regarding the City's affirmative action program and assist City departments in implementing employment procedures and City services that are without bias. Progress on the Commission's goals during FY80 is outlined below. Complaint Resolution Activities pertaining to complaint resolution are subdivided in two categories, "procedures" which includes items or issues related to the processing of the complaint and "substantive" which focuses on the issues. A. Procedures Efforts were made to enhance the actual processing of discrimination complaints. These included: revising the bylaws; implementing a guide to be used in monitoring conciliation agreements to achieve consistency; charting the length of time each step of the complaint resolution process takes in order to evaluate efficiency and points at which backlogs occur; and initiating changes in the complaint procedure based on critical feedback from parties to a complaint. B. Substantive Many diverse issues of discrimination were considered by the rights in an appeal meeting; receiving legal clarification of tCommission. These included: clarifying the complainant's role and he ordinance's requirement for confidentiality in handling complaints; questioning whether a no -spouse employment rule is discriminatory on the basis of marital status; resolving through education and mediation informal individual and community concerns of discrimination; conducting a public hearing and seeking enforcement of the ruling through further administrative and judicial mechanisms with the assistance of the legal steff. 19 MICROFILMED BY JORM MICR+IAB CEDAR RAPIDS • DES MOINES ao� � IJ I U l..l J I i i HUMAN RIGHTS COMMISSION The Iowa City Human Rights Commission submits this report to the City Council of the City of Iowa City indicating our achievement on each of the established budget objectives for FY80 and outlining the directions planned for FY81. This report is part of a continuous evaluation of Commission functions many of which are multi-year and on-going activities. GENERAL RESPONSIBILITIES The duties of the Iowa City Human Rights Commission, as established under the ordinance, are to disseminate information and provide the mediation, conciliation and enforcement necessary to further the goals of the ordinance and to protect citizens from unfounded charges of discriminatory practices. To accomplish these broad duties, the Commission has the responsibility to identify and study discrimination in areas covered by the ordinance; to issue publications and reports of such research; to make recommendations to the City Council regarding further legislation that may be necessary; to cooperate with other appropriate agencies or organizations in an effort to eliminate discrimination and intergroup tensions; and to make recommendations to the City Manager and the City Council regarding the City's affirmative action program and assist City departments in implementing employment procedures and City services that are without bias. Progress on the Commission's goals during FY80 is outlined below. Complaint Resolution Activities pertaining to complaint resolution are subdivided in two categories, "procedures" which includes items or issues related to the processing of the complaint and "substantive" which focuses on the issues. A. Procedures Efforts were made to enhance the actual processing of discrimination complaints. These included: revising the bylaws; implementing a guide to be used in monitoring conciliation agreements to achieve consistency; charting the length of time each step of the complaint resolution process takes in order to evaluate efficiency and points at which backlogs occur; and initiating changes in the complaint procedure based on critical feedback from parties to a complaint. B. Substantive Many diverse issues of discrimination were considered by the rights in an appeal meeting; receiving legal clarification of tCommission. These included: clarifying the complainant's role and he ordinance's requirement for confidentiality in handling complaints; questioning whether a no -spouse employment rule is discriminatory on the basis of marital status; resolving through education and mediation informal individual and community concerns of discrimination; conducting a public hearing and seeking enforcement of the ruling through further administrative and judicial mechanisms with the assistance of the legal steff. 19 MICROFILMED BY JORM MICR+IAB CEDAR RAPIDS • DES MOINES ao� � �, Educational Projects Keeping in mind that an ounce of prevention is worth a pound of cure, the Commission undertook extensive community and self -educational activities during FY 1980. A. Community Specific activities and projects to further educate and promote the needs of the community included: cosponsoring a community breakfast focusing on human rights; facilitating handicapped accessibility in a local movie theatre and identifying accessible facilities in City Park; submitting a grant application to partially fund workshops; actively participating in the Chamber of Commerce's Affirmative Action Committee and the Community Housing Resources Board. Many alternatives were used by the Commission to disseminate information about civil rights to the community at large. These include: public service announcements; revising and distributing the Commission brochure; issuing monthly newsletters; preparing posters for use in City buses; compiling topics on which Commissioners could speak to organizations. B. Commission Commissioners participated in State Civil Rights Commission and staff sponsored training sessions in the area of civil rights and human relations. Educational projects planned for FY81 include the continuation of highly visible publicity regarding civil rights, the Commission's role, and sponsorship of community workshops on substantive civil rights issues. Evaluation of Civil Rights Laws Attention was also devoted to changes in civil rights laws. Commissioners reviewed the local ordinance for parallel structure with the State statute 601A and the issue of jurisdictional authority; and opposed the proposed HF2007 to amend 601A. Recommendations and Assistance to the Citv of Iowa Cit The Commission maintained an active advisory role to the City Council and staff. These included: recommending the review of City departmental budgets for compliance with equal employment opportunity laws; reviewing City employment statistics; reviewing the affirmative action plan for the fire department; recommending the future structure of the Human Relations Department; providing input to the hiring of that Department's director; opposing further litigation in the Linda Eaton complaint; recommending the selection of new Commission members; evaluating the feasibility of Commission handling of City employee complaints; supporting the reclassification of the Human Relations Department's support staff; and recommending action to be taken pertaining to the City's Affirmative Action Task Force. 20 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9� U i I i Y� z 7 i I 9� U Complaint Activit During FY80 approximately 205 calls were received for information about civil rights and. to report possible discriminatory practices. Of all these inquiries, 21 formal complaints were filed. Based on the complaints listed that have been closed, the period of time from�time of filing until formally closed was 7h months. Summarized below are those complaints filed during FY80: Basis of Discrimination Race, Color or National Origin Disability Race and/or National Origin Sex Religion or Age Number of Cases 8 1 6 3 2 Employment Race and Sex 1 Of these cases, six were closed during the fiscal year. Two along with five from the previous fiscal year that were processed concurrently are in i litigation after having gone to public hearing. Summarized below are those complaints that were outstanding from the previous fiscal year at the beginning of FY80: J Basis of Area Discrimination Public Accommodations Race Race Race Sex Number of Cases 7 1 2 4 Employment Religion 1 _ Of these cases, eight were closed; five are in litigation (see note above); one is in conciliation. 21 MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS • DES MOINES aoea. i ( DIRECTIONS PLANNED FOR FY81 Three broad goals were identified. They are: I. Identifying and retaining competent staff; and strengthening the Human Relations Department and Human Rights Commission through an appropriate level of competently trained staff. 2. Budgeting sufficient money to conduct public hearings, if necessary. 3. Completing the educational program. COFMIISSION MEMBERS Linda McGuire, Chairperson Dick McCartt, Vice -Chairperson Agnes Kuhn, Carla Marcus Angelita Reyes Dick Yates Jeff Portman Joe Penny Mori Costantino 22 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 17 i M 0 I R I M n Annual Report Library Board I I - 1 t. n I^ i �t II I BOARD OF LIBRARY TRUSTEES GENERAL RESPONSIBILITIES The Board of Trustees of the Public Library is a semi -autonomous body of nine persons empowered by state law and city ordinance to act as the governing body of the library. The Board's specific list of legal responsibilities includes: determining the goals and objectives of the library in order to plan and carry out library services; determining and adopting written policies to govern all aspects of the operation of the library; preparing an annual budget and having exclusive control of all monies appropriated by the City Council or given to the library through gifts, bequests, contracts, grants or awards; employing a competent staff to administer its policies and carry out its programs. The Board is also an arm of city government with members appointed by the City Council and its principal operating funds approved by the Council. The Board therefore seeks at all times to work in harmony with city policies in all areas that do not conflict with its statutory powers. ACCOMPLISHMENTS IN FISCAL YEAR 1980 Let bids and coordinated first phase of construction of new building. Construction costs are well within project budget. Completed phase I of the library's automation project, going "on-line" with the new circulation system on the scheduled start-up date, October 1, 1979. Completed first year of augmenting staff resources with a coordinated volunteer program: 102 people contributed 2596 hours in FY1980. Approved preliminary plans for interior furnishings and equipment for new building. Began fund drive for private gifts from local organizations and individuals to increase resources available for furnishing new building; over $25,000 pledged by July 1, 1980. PLANS FOR FISCAL YEAR 1981 Complete construction and equipping of new library building. Coordinate move to new building; plan opening and dedication ceremonies. Develop policy to meet needs of new facilities. Complete phase II of library automation project; conversion of card catalog to user operatedon-line computer catalog. Initiate operation ofdchannel 20, the library cable TV channel; evaluate initial efforts and establish programming policy. 23-- ao ez MICROFILMED BY JORM MIC R+LA B CEDAR RAPIDS - DES MOINES t. n i 1 : I l BOARD OF LIBRARY TRUSTEES GENERAL RESPONSIBILITIES The Board of Trustees of the Public Library is a semi -autonomous body of nine persons empowered by state law and city ordinance to act as the governing body of the library. The Board's specific list of legal responsibilities includes: determining the goals and objectives of the library in order to plan and carry out library services; determining and adopting written policies to govern all aspects of the operation of the library; preparing an annual budget and having exclusive control of all monies appropriated by the City Council or given to the library through gifts, bequests, contracts, grants or awards; employing a competent staff to administer its policies and carry out its programs. The Board is also an arm of city government with members appointed by the City Council and its principal operating funds approved by the Council. The Board therefore seeks at all times to work in harmony with city policies in all areas that do not conflict with its statutory powers. ACCOMPLISHMENTS IN FISCAL YEAR 1980 Let bids and coordinated first phase of construction of new building. Construction costs are well within project budget. Completed phase I of the library's automation project, going "on-line" with the new circulation system on the scheduled start-up date, October 1, 1979. Completed first year of augmenting staff resources with a coordinated volunteer program: 102 people contributed 2596 hours in FY1980. Approved preliminary plans for interior furnishings and equipment for new building. Began fund drive for private gifts from local organizations and individuals to increase resources available for furnishing new building; over $25,000 pledged by July 1, 1980. PLANS FOR FISCAL YEAR 1981 Complete construction and equipping of new library building. Coordinate move to new building; plan opening and dedication ceremonies. Develop policy to meet needs of new facilities. Complete phase II of library automation project; conversion of card catalog to user operatedon-line computer catalog. Initiate operation ofdchannel 20, the library cable TV channel; evaluate initial efforts and establish programming policy. 23-- ao ez MICROFILMED BY JORM MIC R+LA B CEDAR RAPIDS - DES MOINES n it 1 4 i .1 mal ,i I r..r r r s r � 1 i i n it 1 4 i .1 Begin first phase of a new planning process which will update and set priorities for the library's long-range goals and will coordinate with the annual budget cycle. Continue search for personnel resources and alternate sources of funding to augment basic tax support in order to maintain library services at present level. 1rL1:l�lSlX�1IXl;• Randall P. Bezanson, President Jean Bartley, Vice -President Suzanne Richerson, Secretary Carolyn Cavitt Linda Gritsch Richard Hyman Thomas Immermann Lynda Ostedgaard Edwin Zastrow MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 17 1 0 0 E A P Fl �l N r 4 i mal ,i u mal PARKS AND RECREATION COMMISSION GENERAL RESPONSIBILITIES To recommend and review policies, rules, regulations, ordinances, and budgets relating to parks, playgrounds, recreational centers, and cultural functions of the City, and make such reports to the City Council as the Chairman deems in the public interest. To exercise broad responsibility for the development of parks, recreation centers, playgrounds, and cultural facilities to serve the City, including the creation and appointment of advisory groups to make studies. ACCOMPLISHMENTS IN FY80 The Noon Optimist Club donated $250 for Children's Museum operation and $8,000 for Napoleon Park backstops, bleachers, and player benches. Farmers Market has been expanded to two days per week for the 1980 J j season: 7:30-11:30 a.m. Saturdays and 6:00-8:00 p.m. Wednesdays. The Children's Museum is open Tuesday through Sunday from 1:00-4:30 p.m. A Leisure Needs Survey completed this spring shows that 93.4% of the persons interviewed feel that the Parks and Recreation Department is doing a good job. The Commission toured most City parks and some proposed park areas on April 5 and June 11. BMX Promotions, Inc., has leased the southwestern portion of the landfill for use as a children's bicycle racing track. — The Pilot Club of Iowa City has donated $5,000 to apply toward the purchase of a van for the Recreation Division's S.P.I. programs and J other programs as needed. 1979 attendance figures: ASERP - 45 classes, 658 registrants; total pool attendance 154,336; 1,708 softball and baseball league games; 76 tennis classes with 658 registrants; 90 volleyball games in schools; 2,910 swim lesson registrants; summer playground attendance 9,521; Children's Museum attendance 2,460, Recreation Center — attendance 103,476; Farmers Market - 330 sellers, 5,262 buyers. Participation in league soccer has shown a tremendous increase with i approximately 700 kids participating. i 25 04��� " MICROFILMED BY JORM MICR+LA9 a. 1. CEDAR RAPIDS • DES MOINES (� --. PLANS FOR FY81 A building at Mercer Park will be built to house public restrooms, concessions, and storage space. z The Commission,is hoping to sell part or all of Elm Grove Park, and el use the funds to purchase additional park lands. A shelter will be built this fall in north Hickory Hill Park. COMMISSION MEMBERS a Robert Crum, Chairman James Berry Betsy Hillman Barbara Humbert John McLaughlin Dorsey Phelps Fred Riddle _ Rachel Robertson David Mooldrik 26 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 0 I i '• it PLANS FOR FY81 A building at Mercer Park will be built to house public restrooms, concessions, and storage space. z The Commission,is hoping to sell part or all of Elm Grove Park, and el use the funds to purchase additional park lands. A shelter will be built this fall in north Hickory Hill Park. COMMISSION MEMBERS a Robert Crum, Chairman James Berry Betsy Hillman Barbara Humbert John McLaughlin Dorsey Phelps Fred Riddle _ Rachel Robertson David Mooldrik 26 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 0 I 'i. - Rd _. v r, - Annual Report Planning and Zoning Commission j , I1 f 1 1 '. j.. 1 1 , is MICROFILMED BY JORM MICR+LA13 - CEDAR RAPIDS I DES MOINES' PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES Make or cause to be made surveys, studies, maps, plans or charts of the whole or any portion of the municipality and any land outside which in the opinion of the Commission bears relation to the Comprehensive Plan. To recommend to the 'City Council from time to time, amendments, supplements, changes, and modifications to the Zoning Ordinance. During the fiscal year there were 23 regular meetings and 20 informal meetings. The Commission also held 23 special meetings to work on a new Zoning Ordinance and Map. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Commission was represented on several other governmental organizations (Riverfront Commission - Juanita Vetter, Ralston Creek Coordinating Committee - Jane Jakobsen). A joint meeting with the Airport Commission was held to discuss mutual concerns and specifically commercial development on airport land. A liason person (Richard Blum) was appointed to the Airport Commission. A joint meeting was held with the Riverfront Commission to discuss an overlay zone along the river. A sub -committee of the Planning and Zoning Commission, the Melrose Corridor Committee, was appointed in March and has held several meetings to discuss the.westside traffic problems. The following recommendations were made to City Council by the Commission during the period of July 1, 1979 to July 1, 1980: Rezonings - 1 denied Subdivisions: Preliminary plats - 10 approved,.1 denied Final plats - 10 approved ' Large Scale Residential Developments (LSRD): Preliminary plans - 3 approved Final plans - 6 approved Large Scale Non -Residential (LSNRD): Preliminary plans - 1 approved Final plans -.2 approved 27 MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES ao6� g I i J J i PLANNING AND ZONING COMMISSION GENERAL RESPONSIBILITIES Make or cause to be made surveys, studies, maps, plans or charts of the whole or any portion of the municipality and any land outside which in the opinion of the Commission bears relation to the Comprehensive Plan. To recommend to the 'City Council from time to time, amendments, supplements, changes, and modifications to the Zoning Ordinance. During the fiscal year there were 23 regular meetings and 20 informal meetings. The Commission also held 23 special meetings to work on a new Zoning Ordinance and Map. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Commission was represented on several other governmental organizations (Riverfront Commission - Juanita Vetter, Ralston Creek Coordinating Committee - Jane Jakobsen). A joint meeting with the Airport Commission was held to discuss mutual concerns and specifically commercial development on airport land. A liason person (Richard Blum) was appointed to the Airport Commission. A joint meeting was held with the Riverfront Commission to discuss an overlay zone along the river. A sub -committee of the Planning and Zoning Commission, the Melrose Corridor Committee, was appointed in March and has held several meetings to discuss the.westside traffic problems. The following recommendations were made to City Council by the Commission during the period of July 1, 1979 to July 1, 1980: Rezonings - 1 denied Subdivisions: Preliminary plats - 10 approved,.1 denied Final plats - 10 approved ' Large Scale Residential Developments (LSRD): Preliminary plans - 3 approved Final plans - 6 approved Large Scale Non -Residential (LSNRD): Preliminary plans - 1 approved Final plans -.2 approved 27 MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES ao6� g Planned Area Developments (PAD): Preliminary plans - none Final plans - 3 approved Street Vacations - 8 approved Auditor's Plat - none Annexation - none Amendments: Zoning Code - 8 approved, 1 denied Subdivision Code - 1 approved Comprehensive Plan - none In addition to the aforementioned actions, the Planning and Zoning Commission made the following recommendations: That the deletion of Parcel 65-4 (the library site) from the Urban Renewal Plan is not inconsistent with the Comprehensive Plan and that by reference pages 35 and 36 'of the Comprehensive Plan (which allude to the proposed library) be incorporated into this recommendation. I That the retention of Parcel 65-2 (Blackhawk mini -park) by the City for use as a park is not consistent with the Comprehensive Plan and that by reference pages 102 and 103 of the Comprehensive Plan (which spell out the needs and requirements for parks) be incorporated into this recommen- dation. That the City Council, during its deliberations about what should be done with Parcel 65-2 (Blackhawk mini -park), consider the option of possibly stipulating to prospective buyers if the land is sold that the materials in the park be relocated and that the spirit and essence of the mural and Blackhawk memorial be maintained. That the Planning. and Zoning Commission has examined the urban renewal (neighborhood redevelopment) plan for Small Cities -Lower Ralston Creek Project and finds it to be in conformance with the Iowa City Comprehensive Plan. That the Planning and Zoning Commission has reviewed the Ralston Creek Watershed Management Plan and finds it consistent with the Comprehensive Plan and furthermore recommend its adoption by the City Council. That the 1979 Annual Report of the Iowa City Boards and Commissions be amended as follows: "That h and ssion voted unanimously that Melrose Court not pbenclo ed and that they also presented a list of alternatives on the issue to the City Council." That City Council maintain Foster Road on the Comprehensive Plan from North Dubuque to North Dodge to function as a secondary arterial with a Designed Standard as a two lane street. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES That the Planning and Zoning Commission finds the alignment of Scott Boulevard as proposed agrees with the Comprehensive Plan. The Planning and Zoning Commission recommends to the City Council: A. That a multimember task force be created for the purpose of drawing a comprehensive trafficways plan for the central west side of Iowa City. This task force should, if possible, be comprised of members from the Iowa City City Council, the Iowa City Planning and Zoning Commission, the University of Iowa, the Johnson County Regional Planning Commission, and the central west side neighbors. — B. That the matter of the Melrose Court traffic problem is not an issue separate and apart from the problem of the central west side trafficways as a whole; and that any solution to Melrose Court problems should be a part of and derived from the comprehensive trafficways plan which will result from the efforts of the afore- mentioned task force. It is recommended that no separate action in regard to Melrose Court be taken. C. The Planning and Zoning Commission considers that, in regard to trafficways planning for the City of Iowa City, no problems are more acute than those of the central west side, and that no trafficways planning should be assigned a higher priority. The Planning and Zoning Commission recommends to City Council to reopen Melrose Court. The Planning and Zoning Commission recommends to City Council, that if City Council approves the reopening of Melrose Court, that it be reopened in a manner to reduce the amount of traffic on Melrose Court to that of a local street. (e.g., 1,000-1,5000 ADT). PLANS FOR FISCAL YEAR 1981 1. To review and recommend to the City Council the acceptability of applications submitted for rezoning, subdivision or site development plan approval. 2. To maintain and keep current a comprehensive plan and ordinances implementing the plan. 3. To coordinate and cooperate where applicable with other City commissions and boards. 4. To recommend to the City Council a new Zoning Ordinance and Map. 5. To prepare and recommend a new Subdivision Ordinance. 29 aob� MICROFILMED BY F JORM MIC R+L A B CEDAR RAPIDS • DES MOINES i That the Planning and Zoning Commission finds the alignment of Scott Boulevard as proposed agrees with the Comprehensive Plan. The Planning and Zoning Commission recommends to the City Council: A. That a multimember task force be created for the purpose of drawing a comprehensive trafficways plan for the central west side of Iowa City. This task force should, if possible, be comprised of members from the Iowa City City Council, the Iowa City Planning and Zoning Commission, the University of Iowa, the Johnson County Regional Planning Commission, and the central west side neighbors. — B. That the matter of the Melrose Court traffic problem is not an issue separate and apart from the problem of the central west side trafficways as a whole; and that any solution to Melrose Court problems should be a part of and derived from the comprehensive trafficways plan which will result from the efforts of the afore- mentioned task force. It is recommended that no separate action in regard to Melrose Court be taken. C. The Planning and Zoning Commission considers that, in regard to trafficways planning for the City of Iowa City, no problems are more acute than those of the central west side, and that no trafficways planning should be assigned a higher priority. The Planning and Zoning Commission recommends to City Council to reopen Melrose Court. The Planning and Zoning Commission recommends to City Council, that if City Council approves the reopening of Melrose Court, that it be reopened in a manner to reduce the amount of traffic on Melrose Court to that of a local street. (e.g., 1,000-1,5000 ADT). PLANS FOR FISCAL YEAR 1981 1. To review and recommend to the City Council the acceptability of applications submitted for rezoning, subdivision or site development plan approval. 2. To maintain and keep current a comprehensive plan and ordinances implementing the plan. 3. To coordinate and cooperate where applicable with other City commissions and boards. 4. To recommend to the City Council a new Zoning Ordinance and Map. 5. To prepare and recommend a new Subdivision Ordinance. 29 aob� MICROFILMED BY F JORM MIC R+L A B CEDAR RAPIDS • DES MOINES of ^. 4 .. i j I , t � 1 1 l t t I C I_ Ufl i I M 1 11 I I :I I r i T� n COMMISSION MEMBERS Jane Jakobsen, Chairperson John Kammermeyer, Vice -Chairperson Richard Blum Ernest Lehman Robert Ogesen, Juanita Vetter Loren Horton 30 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES r-. i j i I C Ufl I M 11 I I :I I r i S A 0 Annual Report Police & Fire Retirement Systems Joint Board r i I� „ 7 t 11 l l t \ L�J1 NJ A 0 Annual Report Police & Fire Retirement Systems Joint Board i A 0 Annual Report Police & Fire Retirement Systems Joint Board MICROFILMED BY JORM MICR+LA6 • CEDAR RAPIDS • DES MOINES „ t 11 \ 1 I - J �I J MICROFILMED BY JORM MICR+LA6 • CEDAR RAPIDS • DES MOINES POLICE AND FIRE RETIREMENT SYSTEMS JOINT BOARD GENERAL RESPONSIBILITIES This Board is composed of two active police officers, two active fire- fighters, two persons appointed by the City Council, the City Treasurer and an Assistant City Attorney. The responsibility of the Board is the application of provisions of Chapters 410 and 411 of the Iowa Code for active members of the police and fire departments and retired members of those departments eligible for benefits from the retirement system. The A Board meets on the last Wednesday of each month at 3:00 P.M. as required. Special meetings are called if pending items must be considered prior to a regular meeting date. ( BOARD ACTIVITIES e Recalculations for retired members' benefits are computed effective July 1 of each year. Preparation of information submitted for the actuarial study required annually. This study is completed by November 1 for the prior fiscal year and was done in FY80 by Steve Griffith of the Taylor Ballard Consulting Actuaries Firm in Cedar Rapids. In April 1980, four members attended the first workshop held in the state of Iowa on the Iowa Police and Fire retirement system. The Iowa League of Municipalities will be planning future workshops to help local boards interpret and implement legislation, and provide a forum for problem solving and informational purposes. The annuity program for the retirement systems was ended by legislative action effective July 1, 1979. The Board refunded the individual contributions of each active member that had been paid from date of hire through June 30, 1979 plus accrued interest. The Board approved two requests for temporary disability due to "on the job injuries in FY80. The City is reimbursed for payroll costs and no sick leave is charged to the employee during the period of an approved temporary disability. No requests were received by the Board for approval of either a permanent disability nor a service retirement. BOARD MEMBERS Paul Scott, citizen Bill Barnes, citizen Roger Scholten, Assistant City Attorney Nancy Heaton, City Treasurer Harvey Miller, Police Chief Ron Fort, Police Officer Cletus Keating, Police Officer Robert Keating, Fire Chief Nathan Hopkins, Firefighter William Farmer, Firefighter 31 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES aa�a i j 1 Annual Report Resources Conservation Commission I7 ' I 1� l } y 1 I � 1 l '{F I � t . 4 ^'I I i L I7 ' I I I l '{F I � I RESOURCES CONSERVATION COMMISSION GENERAL RESPONSIBILITIES The duties of members of the Resources Conservation Commission include serving as an advisory body to the City Council of Iowa City. They shall research, review, and recommend policies, rules, regulations, ordinances, and budgets relating to matters of energy and resource conservation and provide recommendations and reports to the City Council on the activities of the Commission. The Commission shall exercise broad responsibility for development of resource conservation policies and shall pay special attention to long-range planning and programming. The Commission shall, for the public welfare, make recommendations on energy matters. These recommendations may relate to local governmental and quasi -public agencies, private residences and investment properties, and office, commercial and industrial properties. ACCOMPLISHMENTS IN FISCAL YEAR 1980 In the past year the Resources Conservation Commission has been involved in a variety of projects. These included review of the Senior Citizen Center plans, meeting with Black concerning ,the Civic Center HVAC replacement, progressed with a pilot solar project to where it is now out for bids, and reviewed Iowa State legislative action on solar access' rights. A subcommittee of the RCC made a walk-through audit of three City -owned buildings and reported to the Council, showing the energy waste and conservation measures that should be considered. This random check points out the potential savings the City of Iowa City could realize with a minimum of cost and a reasonable payback period. The RCC sponsored an "Elementary School Energy Fair." We hope to make this project an annual affair. A transportation policy paper was written and forwarded to the Council. This expressed our concern about continuing conservation programs already implemented and to be alert for any changes in the transportation industry which could affect City vehicles. An attempt to initiate carpooling for City employees was suggested. PLANS FOR FISCAL YEAR 1981 This coming year the RCC plans to complete two pilot solar heating systems in Iowa City homes and start monitoring the results, establish a carpooling system for City employees, develop a directory of agencies which furnish various conservation literature, check progress of the Civic Center HVAC system replacement to completion and review all Federal and State energy requirements as they are issued. 32 i MICROFILMED BY ' JORM MICR#LAB 'I CEDAR RAPIDS - DES MOINES ','� 4.J .1 I _I I RESOURCES CONSERVATION COMMISSION GENERAL RESPONSIBILITIES The duties of members of the Resources Conservation Commission include serving as an advisory body to the City Council of Iowa City. They shall research, review, and recommend policies, rules, regulations, ordinances, and budgets relating to matters of energy and resource conservation and provide recommendations and reports to the City Council on the activities of the Commission. The Commission shall exercise broad responsibility for development of resource conservation policies and shall pay special attention to long-range planning and programming. The Commission shall, for the public welfare, make recommendations on energy matters. These recommendations may relate to local governmental and quasi -public agencies, private residences and investment properties, and office, commercial and industrial properties. ACCOMPLISHMENTS IN FISCAL YEAR 1980 In the past year the Resources Conservation Commission has been involved in a variety of projects. These included review of the Senior Citizen Center plans, meeting with Black concerning ,the Civic Center HVAC replacement, progressed with a pilot solar project to where it is now out for bids, and reviewed Iowa State legislative action on solar access' rights. A subcommittee of the RCC made a walk-through audit of three City -owned buildings and reported to the Council, showing the energy waste and conservation measures that should be considered. This random check points out the potential savings the City of Iowa City could realize with a minimum of cost and a reasonable payback period. The RCC sponsored an "Elementary School Energy Fair." We hope to make this project an annual affair. A transportation policy paper was written and forwarded to the Council. This expressed our concern about continuing conservation programs already implemented and to be alert for any changes in the transportation industry which could affect City vehicles. An attempt to initiate carpooling for City employees was suggested. PLANS FOR FISCAL YEAR 1981 This coming year the RCC plans to complete two pilot solar heating systems in Iowa City homes and start monitoring the results, establish a carpooling system for City employees, develop a directory of agencies which furnish various conservation literature, check progress of the Civic Center HVAC system replacement to completion and review all Federal and State energy requirements as they are issued. 32 i MICROFILMED BY ' JORM MICR#LAB 'I CEDAR RAPIDS - DES MOINES ','� When cable TV is made available, the RCC plans to use it as a media to get 9 the conservation message to the public. r4 i �I The RCC will review the audits of the City owned buildings. .q The RCC has and will continue to review conservation programs, ideas and EI devices which may be useful to the citizens, businesses, industries and governmental agencies of the City of Iowa City and make recommendation to 3 the Council. E COMMISSION MEMBERS 9 Philip Hotka, Chairperson Keith Gormezano, Vice -Chairperson .q James Shepherd, Secretary Patrick Fett Antonia Hamilton Gary Sanders j�1 Michael Singer u L7 L .: 33 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Df W r4 i 1 r I I I Annual Report Riverfront Commission MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS - DES MOINES . U.Lz 71 7 tl Annual Report Riverfront Commission MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS - DES MOINES . U.Lz RIVERFRONT COMMISSION GENERAL RESPONSIBILITIES Responsibilities of the Riverfront Commission are to "investigate, study, review and analyze the riverfront needs and the meeting of such needs." The Riverfront Commission consists of eleven members, seven from Iowa City, one from Coralville, and three from Johnson County, all of whom have voting privileges. All members are appointed by the Iowa City City Council. The Riverfront Commission has moved from strictly an advisory and planning phase to an implementation phase, as this report will show. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Commission, in spite of many obstacles encountered along the way, has accomplished the following: 1. The Sturgis Ferry Park boat ramp and parking lot is near completion. 2. The City Park hard surface bike path will be completed this summer. 3. The proposed Iowa River Corridor Overlay Zone Ordinance has been sent on to Planning and Zoning. 4. The proposed River Corridor Buffer and Trail System has been completed and forwarded to Johnson County and Coralville, who shared the financing with Iowa City. 5. Unfortunately, the Rocky Shore Bike Trail did not receive federal funding and therefore will be delayed. However, the design plans have been drafted and funded so that when funding is available, the plan can be implemented. In addition, the Riverfront Commission is working with relevant City departments and citizen's commissions to formulate a recommendation to the Council for the sale of the waste water treatment plant site to the University of Iowa. The services of Marianne Milkman and Karin Franklin have been invaluable to any success we have attained. We feel we have made some positive progress this year. Soon there will be visible results with the completion of the boat ramp and the City Park bike trail. PLANS FOR FISCAL YEAR 1981 It is hoped by all present members of the Riverfront Commission that the Council and the public in general will, through our efforts, be made more aware of our greatest natural resource, the Iowa River. We hope that funding can be obtained yearly so that we can continue to implement Riverfront improvement projects. During FY81, we intend to concentrate on: 34 MICROFILMED BY JORM MICR+LA13 - } i CEDAR RAPIDS • DES MOINES U J I .. -. I i RIVERFRONT COMMISSION GENERAL RESPONSIBILITIES Responsibilities of the Riverfront Commission are to "investigate, study, review and analyze the riverfront needs and the meeting of such needs." The Riverfront Commission consists of eleven members, seven from Iowa City, one from Coralville, and three from Johnson County, all of whom have voting privileges. All members are appointed by the Iowa City City Council. The Riverfront Commission has moved from strictly an advisory and planning phase to an implementation phase, as this report will show. ACCOMPLISHMENTS IN FISCAL YEAR 1980 The Commission, in spite of many obstacles encountered along the way, has accomplished the following: 1. The Sturgis Ferry Park boat ramp and parking lot is near completion. 2. The City Park hard surface bike path will be completed this summer. 3. The proposed Iowa River Corridor Overlay Zone Ordinance has been sent on to Planning and Zoning. 4. The proposed River Corridor Buffer and Trail System has been completed and forwarded to Johnson County and Coralville, who shared the financing with Iowa City. 5. Unfortunately, the Rocky Shore Bike Trail did not receive federal funding and therefore will be delayed. However, the design plans have been drafted and funded so that when funding is available, the plan can be implemented. In addition, the Riverfront Commission is working with relevant City departments and citizen's commissions to formulate a recommendation to the Council for the sale of the waste water treatment plant site to the University of Iowa. The services of Marianne Milkman and Karin Franklin have been invaluable to any success we have attained. We feel we have made some positive progress this year. Soon there will be visible results with the completion of the boat ramp and the City Park bike trail. PLANS FOR FISCAL YEAR 1981 It is hoped by all present members of the Riverfront Commission that the Council and the public in general will, through our efforts, be made more aware of our greatest natural resource, the Iowa River. We hope that funding can be obtained yearly so that we can continue to implement Riverfront improvement projects. During FY81, we intend to concentrate on: 34 MICROFILMED BY JORM MICR+LA13 - } i CEDAR RAPIDS • DES MOINES I . River corridor land acquisition and trail construction; 2. Construction of a boat ramp above Burlington Street; 3. A revision and distribution of the River Corridor brochure; 4. Land acquisition in the south river corridor; 5. Development of a fishing area at Sturgis Corner; and 6. Development of a river bank erosion control plan. COMMISSION MEMBERS: William P. Gilpin, Chairperson Bernadine M. Knight, Vice -Chairperson Richard G. Baker Patricia Boutelle Jean Fountain Alex Kroeze Diana Lewis Robert H. oehmke Rachel Robertson Howard Sokol Juanita Vetter 35 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES I � I 1 tl r 11 iI 6•I i' i-1 I k�l j „I I � I q� J 8 Annual Report Senior Center Commission MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J 5 1 i 1 S t 1 I � f5 c� LI {O a j } - _ � I JI Annual Report Senior Center Commission MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J 5 i I! SENIOR CENTER COMMISSION GENERAL RESPONSIBILITIES The Senior Center Commission was established by the City Council in 1979. It is composed of seven members. Five are appointed by the City and two by the Johnson County Board of Supervisors. The following duties and powers are assigned to them by the City Council. To serve in an advisory role to the City Council with regard to the needs of the Senior Center. To make recommendations with regard to policies and programs at the Senior Center. To join the staff and other interested persons in seeking adequate financial resources for the operation of the Senior Center. — To encourage full participation by senior citizens in the programs of the Senior Center. community and cooperates with organizations with commonTo ensure that the Senior Center is effectively integrated into the the needs of senior citizens. goals in meeting To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. To assist City Manager in evaluation of personnel. To make recommendations with regard to the allocation of space in the Senior Center to various agencies and organizations. To make recommendations with regard to the acceptance and utilization of gifts. To make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the Senior Center. To present an annual report of Senior Center activities and accomplishments to the City Council. ACCOMPLISHMENTS IN FISCAL YEAR 1980 Recommended that the City Council establish a Senior Center Gift Fund to accept gifts of memorial. Approved the appointment of the Senior Center Coordinator to the Advisory Board of the Gerontology Center Long-term Continuance of Care Project. 36 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i t-11 !J j J j J I i �J i j i SENIOR CENTER COMMISSION GENERAL RESPONSIBILITIES The Senior Center Commission was established by the City Council in 1979. It is composed of seven members. Five are appointed by the City and two by the Johnson County Board of Supervisors. The following duties and powers are assigned to them by the City Council. To serve in an advisory role to the City Council with regard to the needs of the Senior Center. To make recommendations with regard to policies and programs at the Senior Center. To join the staff and other interested persons in seeking adequate financial resources for the operation of the Senior Center. — To encourage full participation by senior citizens in the programs of the Senior Center. community and cooperates with organizations with commonTo ensure that the Senior Center is effectively integrated into the the needs of senior citizens. goals in meeting To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. To assist City Manager in evaluation of personnel. To make recommendations with regard to the allocation of space in the Senior Center to various agencies and organizations. To make recommendations with regard to the acceptance and utilization of gifts. To make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the Senior Center. To present an annual report of Senior Center activities and accomplishments to the City Council. ACCOMPLISHMENTS IN FISCAL YEAR 1980 Recommended that the City Council establish a Senior Center Gift Fund to accept gifts of memorial. Approved the appointment of the Senior Center Coordinator to the Advisory Board of the Gerontology Center Long-term Continuance of Care Project. 36 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i Monitored the final planning process for the remodelling of the old Post Office and the letting of contracts. Drew up a document containing purpose, goals and objectives for the Senior Center. Acted as a sounding board for agencies, elected officials and private citizens concerned with Senior Center planning. Approved Senior Center Budget and assisted staff with presentation to County Board of Supervisors. PLANS FOR FISCAL YEAR 1981 Continue to monitor staff reports on remodelling. Produce an operational handbook for the Senior Center. Develop a public relations campaign to acquaint the community with the concept and progress of the Senior Center. Review summary of applications from agencies and organizations for space in the Senior Center. Continue to solicit input from Council of Elders and other interested citizens and groups relative to Senior Center operating policies. Advise staff in development of volunteer and outreach components of Senior Center. Review and comment on FY82 Senior Center budget. Assist staff in presentation of FY82 budget request to City Council and Johnson County Board of Supervisors. Identify Commission goals and objectives for FY82. COMMISSION MEMBERS Lawrence Carlton, Chairperson *Gladys Scott, Vice -Chairperson William J. Ambrisco Margaret Clover *M' h 1 K tt h 11 A N 94 is ae a c ee W. W. Summerwi l 1� Jeannie Williams s1 *Appointed by Johnson County Board of Supervisors. u 3l MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 d �S epi 4 1 Monitored the final planning process for the remodelling of the old Post Office and the letting of contracts. Drew up a document containing purpose, goals and objectives for the Senior Center. Acted as a sounding board for agencies, elected officials and private citizens concerned with Senior Center planning. Approved Senior Center Budget and assisted staff with presentation to County Board of Supervisors. PLANS FOR FISCAL YEAR 1981 Continue to monitor staff reports on remodelling. Produce an operational handbook for the Senior Center. Develop a public relations campaign to acquaint the community with the concept and progress of the Senior Center. Review summary of applications from agencies and organizations for space in the Senior Center. Continue to solicit input from Council of Elders and other interested citizens and groups relative to Senior Center operating policies. Advise staff in development of volunteer and outreach components of Senior Center. Review and comment on FY82 Senior Center budget. Assist staff in presentation of FY82 budget request to City Council and Johnson County Board of Supervisors. Identify Commission goals and objectives for FY82. COMMISSION MEMBERS Lawrence Carlton, Chairperson *Gladys Scott, Vice -Chairperson William J. Ambrisco Margaret Clover *M' h 1 K tt h 11 A N 94 is ae a c ee W. W. Summerwi l 1� Jeannie Williams s1 *Appointed by Johnson County Board of Supervisors. u 3l MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 d �S epi 4 I _ _ City of Iowa C" MEMORANDUM Date: October 31, 1980 I To: City From: /Co��unn�cil Ci)4�6Tager Re: Code of Ethics Since our discussion of a City code of ethics some months ago, various model codes have been collected. It is the Manager's recommendation that an ad hoc task force consisting of two administrative employees, two board/commission members and a City Council member review the information and prepare a proposal for consideration by the City Council. Dale Helling will coordinate the work of the task force. It is expected that this work could be accomplished in approximately 60 days after the Council selects the board/commission members and a City Council member. cc: John Hayek Legal Staff bj5/8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES X63 0 ( `1 I i '� City of Iowa Citn MEMORANDUM Date: October 28, 1980 To: City Council From: Cit'�ager Re: Emergency Procedures - Elevators in Parking Ramps A couple of weeks ago an inquiry was made concerning emergency procedures for the elevators in the parking ramps. I checked into the incident which occurred on the evening of the homecoming parade. The Police Department had received emergency instructions. However, in that instance the procedure did not work. Therefore, Joe Fowler prepared a more detailed explanation, enclosed: bj/sp MICROFILMED BY JORM MICR+LA© CEDAR RAPIDS • DES MOINES ads ij j I �I r fid... City of Iowa Citn MEMORANDUM Date: October 28, 1980 To: City Council From: Cit'�ager Re: Emergency Procedures - Elevators in Parking Ramps A couple of weeks ago an inquiry was made concerning emergency procedures for the elevators in the parking ramps. I checked into the incident which occurred on the evening of the homecoming parade. The Police Department had received emergency instructions. However, in that instance the procedure did not work. Therefore, Joe Fowler prepared a more detailed explanation, enclosed: bj/sp MICROFILMED BY JORM MICR+LA© CEDAR RAPIDS • DES MOINES ads Date: October 22, 1980 To: Chief Harvey Miller and Chief Robert Keating From: Joe Fowler, Parking Systems Z --bp Re: Elevators - Capitol Street Parking Ramp In order to evacuate occupants of the elevators in the Capitol Street ramp in the event of elevator malfunction, the following must be done. The occupant of the elevator car must be instructed to push the emergency stop button. This will remove all power from the elevator car doors and allow the occupants to open the door and exit the car. If the interior doors are the only ones that are open, a set of rollers on the upper left corner of the outer door can be rotated to release these doors. A key to open the lobby doors to the elevator is kept in the ramp office if persons inside the car cannot free themselves. A key will be provided to each of your departments as soon as they can be obtained from O'Keefe Elevator. In the event the elevator is stuck between the floors and the occupants are unable to advise their location, the car can be located by the following method. In the elevator control room, remove the top panel located over the generator and the indicator inside will show the car location. If it is necessary to terminate electrical service to the elevator, switches are located inside the elevator control room on the north wall. As with all elevators, there Is an escape panel located In the roof of the elevator car. This can be reached by going to the floor above, using the key to open the doors and stepping down to the car roof. This method is recommended only as a last resort. bdw3/1 cc: Neal Berlin Rosemary Vitosh File MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES City of Iowa CW' MEMORANDUM Date: October 28, 1980 To: City Council From: CiV*ger Re: Status of North Side Lighting Project This past week the City staff met with representatives of CLASS concerning the north side lighting project. It was agreed that the City will request Iowa -Illinois to install the lights in mid -block on 12 foot arms. This decision was based on four test lights which were located on Ronalds, Linn, Davenport and Fairchild Streets. After a definite schedule for construction is received from Iowa -Illinois, the City and CLASS will jointly prepare a mailing to be made to the adjacent property owners. Either a representative of CLASS or the City will then contact those owners who have a concern about the pole location or the trimming of trees that may be necessary because of the installation of the pole or the wires. It has also been agreed that CLASS and the City will have further discussions about the program evaluation, particularly those persons who will undertake the evaluation and the scope of the evaluation process. cc: Kathy Ward Terry Kelly bj/sp MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao65 ' ' ,I it City of Iowa Cita MEMORANDUM �� I Date: October 24, 1980 To: Advisory Management Panel From: Cianager 1 Re: Meeting of Advisory Management Panel I. The next meeting of the Advisory Management Panel will be held on Monday, November, 10, 1980, at 7:30 P.M. in the City Manager's Conference Room. Lorraine Saeger will contact you to determine I i 2. At the first meeting requests were received for information, enclosed: additional I i 1 C. Fourth Quarter - Management by Objectives - Departmental Reports d. Computer Acquisition City of Iowa Cita MEMORANDUM �� I Date: October 24, 1980 To: Advisory Management Panel From: Cianager 1 Re: Meeting of Advisory Management Panel I. The next meeting of the Advisory Management Panel will be held on Monday, November, 10, 1980, at 7:30 P.M. in the City Manager's Conference Room. Lorraine Saeger will contact you to determine members who will be unable to attend. 2. At the first meeting requests were received for information, enclosed: additional a. Financial Status as of June 30, 1980. b. 6/30/80 Financial Status - Enterprise Funds C. Fourth Quarter - Management by Objectives - Departmental Reports d. Computer Acquisition e. Current list of City personnel - telephone listing f. Organization Chart g. Collective Bargaining Agreements (1) AFSCME (2) IAFF (3) Police Patrolmen's Association h. Minutes of meeting of August 5, 1980 i. Cash flow projections J. Salary increase comparisons k. Performance Measurement in Iowa City 1. Budget Manual 3. AGENDA a. Review of computer facilities Rosemary Vitosh, Finance Director. 7:30-7:50 b. Explanation of and questions concerning information provided to panel 7:50-8:15 C. Long range financial projections Neal Berlin, City Manager 8:15-8:30 d. Process for establishing compensation for City employees, with emphasis on management. Neal Berlin, City Manager, and Rosemary Vitosh, Finance Director 8:30-9:15 e. General Discussion 9:15-9:30 cc: City Council MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i ■ 1-11 City of Iowa CH -o MEMORANDUM Date: October 31, 880 To: City Counc' From: Don Schmeis I Re: Hershberger Plat Please find attached to this memorandum a letter from Mr. Bill Meardon requesting that the City waive objection to the above platting as per the resolution prepared by Mr. Samuel Hershberger's attorney, Mr. Tracy Anderson, which is also attached. As Mr. Meardon indicates, .the platting of land north of Interstate 80 and east of Prairie du Chien Road had taken place without prior approval by the City as required by Chapter 409 of the Code of Iowa. The platting which had taken place extends for a considerable distance along Prairie du Chien Road without provision for intervening cross streets extended to the Oakes-Wegman property to the east as would have been required under the City's Subdivision Ordinance. If you will recall, the City denied the subdivision plat of the Oakes- Wegman property for various reasons including insufficient access. If a secondary means of access to this property had been provided, the staff would have had much less objection to the subdivision of the Oakes-Wegman property. The staff had previously indicated to Mr. Anderson (see letter attached) that waiving the City's objection to the platting which had taken place has potential for litigation on the Oakes-Wegman property. bdw2/4 Enclosure cc: William Meardon John Hayek MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 01067 m 1 t II; 1 1-11 City of Iowa CH -o MEMORANDUM Date: October 31, 880 To: City Counc' From: Don Schmeis I Re: Hershberger Plat Please find attached to this memorandum a letter from Mr. Bill Meardon requesting that the City waive objection to the above platting as per the resolution prepared by Mr. Samuel Hershberger's attorney, Mr. Tracy Anderson, which is also attached. As Mr. Meardon indicates, .the platting of land north of Interstate 80 and east of Prairie du Chien Road had taken place without prior approval by the City as required by Chapter 409 of the Code of Iowa. The platting which had taken place extends for a considerable distance along Prairie du Chien Road without provision for intervening cross streets extended to the Oakes-Wegman property to the east as would have been required under the City's Subdivision Ordinance. If you will recall, the City denied the subdivision plat of the Oakes- Wegman property for various reasons including insufficient access. If a secondary means of access to this property had been provided, the staff would have had much less objection to the subdivision of the Oakes-Wegman property. The staff had previously indicated to Mr. Anderson (see letter attached) that waiving the City's objection to the platting which had taken place has potential for litigation on the Oakes-Wegman property. bdw2/4 Enclosure cc: William Meardon John Hayek MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 01067 m I 1 I D 9 A WILLIAM L.MEAROON WILLIAM f. SUEPPEL .OKCRTN. OOWNER JAMES P. HAYCS JAMES O. MCCARRAGMER THOMAS J. CILEK MARKT . NAME. THOMAS O. MORART MARGARET T. LAINSON ANGELA M. RYAN n MEARDON, SUEPPEL, DOWNER 6 HAYES LAWYERS 122 SOUTH LINN STREET IOWA CITY, IOWA 32240 Members of the City Council City of Iowa City Civic Center Iowa City, IA 52240 Re: Hershberger plat Dear Council Members: September 9, 1980 TELEPHONE 03!•9222 AREA CODE 310 Fs'�E0 EP 1 1 1980 ABBIE STOLFUS CITY CLERK In 1961 a plat entitled IlHexshberger Subdivision" was filed in Book 5, page 43, Records of the Recorder of Johnson County, Iowa. This involves the Iowaerty imrrediately adjacent to and north of the City limits of Iowa City, Iowa. In considering this matter, it became apparent that there had been no can- pliance with the provisions of Chapter 409 of the Code Of Iowa or with the Provisions Of the Johnson County Zoning ordinance which was enacted in October, 1960. At that particular time municipalities were granted power to approve subdivisions within one mile of the City limits. In any event, no approval was Obtained by Mr. Hershberger and we are now confronted with a situation where houses have been built and the title may be Jeopardized by failure to comply with the appropriate provisions of Chapter 409 and the Johnson county Zoning Ordinance. This problem is not unique with the Hershherger Subdivision as there are several Other sub- divisions within the jurisdiction of Iowa City for which approval has never been granted. The question arises as to the way these matters should be treated. Within the corporate limits of the City there is a statute which I legalizes old plats but this is not true for the area immediately adjacent cipal c to or outside the muni limits. In view of the expiration of more than 19 years since this plat was recordorl and the fact that houses have been built and financing obtained on the assuTq tion that title is merchantable, it would seem to we that the City of Iowa I City should adopt some policy acknowledging the situation as it exists and at least indicating that no prosecution will occur or any attempt be nod - to, vacate the plat for failure to crnlPly with the provisions of Chapter 409, Code of Iowa. i' i I i III I MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS - DES MOINES r Page 2 City Council 6eptenber 9, 1980 We have now a letter frvn the Johnson County Attorney indicating that no action will be taken on the part of the County in view of the passage of 19 years. I ask that some similar position be adopted by the City of Iowa City pertaining to this particular plat and that the City Attorney be directed to write a letter along these lines to avoid a needless expenditure of money and Court time in establishing laches or estoppel arguments against the enforcemnt of Chapter 409 by the City. t DIIM: jb I, MICROFILMED BY q JORM MICR+LA9 fp+ CEDAR RAPIDS • DES MOINES xO67 � I' I Page 2 City Council 6eptenber 9, 1980 We have now a letter frvn the Johnson County Attorney indicating that no action will be taken on the part of the County in view of the passage of 19 years. I ask that some similar position be adopted by the City of Iowa City pertaining to this particular plat and that the City Attorney be directed to write a letter along these lines to avoid a needless expenditure of money and Court time in establishing laches or estoppel arguments against the enforcemnt of Chapter 409 by the City. t DIIM: jb I, MICROFILMED BY q JORM MICR+LA9 fp+ CEDAR RAPIDS • DES MOINES xO67 � I' �\ 1 CITY -J -OF. ....IOWA • CITY" CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D Following discussions with John Hayek and with the potential for litigation on the Oakes-Wegman property, I cannot at this time recommend that the City Council waive objections to the above Platting which had taken place. If at some future time the access problem in relation to the Oakes-Wegman property is resolved, I would no -longer have a concern provided that additional platting did not occur. . If you have any questions in regard to the above subject matter, please do not hesitate to contact me. incere D nald Sc eiser, Acting Director Departmen of Planning & Program Development ,w. MICROFILMED BY JORM MIC R+LA 13 CEDAR RAPIDS • DES MOINES aab 3 �I 4 I RESOLUTION NO. RESOLUTION GIVING ASSURANCE OF NO CONTEST CONCERNING OLD SUBDIVISION WHEREAS, Sam Hershberger many years ago owned certain land located north of Interstate 80 and east of Prairie du Chien Road in Johnson County, Iowa, which land has gradually been divided into various residential lots from 1956 through 1963, and, WHEREAS, the division of this land into residential lots was undertaken without compliance with the provisions of Chapter 409 of the Code of Iowa and specifically without compliance of the requirements of Section 409.14 of the Code of Iowa requiring approval by a City of subdivision of any land within two miles of a limit of such City, which two mile limit would encompass the Hershberger land, and? WHEREAS, houses have already been built on the lots created through the informal subdivision process and it would be extremely impractical to seek to resubdivide said land at this time because improvements have already been con- structed and land sold many years previous as above indicated, and, WHEREAS, the purchaser of one of the lots in this subdivision whose land is legally described as follows: Commencing at the Southeast corner of the North- east Quarter of the Southeast Quarter of Section 34, Township 80 North, Range 6 West of the 5th P.M. thence North 529.9 feet along the east line of said Section 34; thence North 88 degrees 34' West 979.6 feet to the center line of the public highway known as the Prairie du Chien Road; thence Southeasterly along the center line of said public highway to its intersection with the south line of said Northeast Quarter of the Southeast Quarter of Section 34, thence Easterly 976 feet along said south line of said Northeast Quarter of Southeast Quarter of Section 34 to the point of beginning. has raised title objections relating to the failure of their predecessors entitled to comply with Chapter 409, and, A RI CEDAR RAPIDS • DES MOINES I t _ 2 _ WHEREAS, said purchasers along with other persons in the subdivision desire assurance that the City of Iowa City will not seek to contest the informal subdivision of property nor seek to strike any previously filed plats from the record under the provisions of Chapter 409 of'the Code of Iowa, and, WHEREAS, the City Council of'Iowa City deems it ad- visable to provide the assurance as sought in order to settle outstanding title problems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the purchasers of.land in the Sam Hershberger Subdivision of land located in the northeast quarter of the southeast quarter of Section 34, Township 80 North, Range 6 West of the 5th P.M., in Johnson County, Iowa, be and they are hereby assured that the City of Iowa City has no intention to contest the subdivision of said land although said subdivision was taken without compliance with the provisions of Chapter 409 of the Code of Iowa.and further the City assures said owners that it will not in the future contest said subdivision of -land. Provided, however, that it be understood that this Resolution should not be considered as a precedent for any further Resolutions concerning other land either within or without the City of Iowa City and this Resolution has been adopted only due to the specific and unique circumstances existing with respect to the subject property, which circumstances include the fact that said property was informally subdivided over 15 years ago, that said property is not located within the City of. Iowa City, that houses and.other improvements have already been constructed on the subdivided property, and in- justice would result if these assurances were not given. J 1 i _ 2 _ WHEREAS, said purchasers along with other persons in the subdivision desire assurance that the City of Iowa City will not seek to contest the informal subdivision of property nor seek to strike any previously filed plats from the record under the provisions of Chapter 409 of'the Code of Iowa, and, WHEREAS, the City Council of'Iowa City deems it ad- visable to provide the assurance as sought in order to settle outstanding title problems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the purchasers of.land in the Sam Hershberger Subdivision of land located in the northeast quarter of the southeast quarter of Section 34, Township 80 North, Range 6 West of the 5th P.M., in Johnson County, Iowa, be and they are hereby assured that the City of Iowa City has no intention to contest the subdivision of said land although said subdivision was taken without compliance with the provisions of Chapter 409 of the Code of Iowa.and further the City assures said owners that it will not in the future contest said subdivision of -land. Provided, however, that it be understood that this Resolution should not be considered as a precedent for any further Resolutions concerning other land either within or without the City of Iowa City and this Resolution has been adopted only due to the specific and unique circumstances existing with respect to the subject property, which circumstances include the fact that said property was informally subdivided over 15 years ago, that said property is not located within the City of. Iowa City, that houses and.other improvements have already been constructed on the subdivided property, and in- justice would result if these assurances were not given. i A - 3 - It was moved by and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: John Balmer Larry Lynch Clemens Erdahl Mary Neuhauser David Perrat Glenn Roberts Robert Vevera Passed and approved this 1980. Mayor ATTEST: City Clerk NAYS: tl:b4Jpy-6q day of , FA aoe7 -I CEDAR RAPIDS • DES MOINES I... i s M A - 3 - It was moved by and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: John Balmer Larry Lynch Clemens Erdahl Mary Neuhauser David Perrat Glenn Roberts Robert Vevera Passed and approved this 1980. Mayor ATTEST: City Clerk NAYS: tl:b4Jpy-6q day of , FA aoe7 -I CEDAR RAPIDS • DES MOINES I... City of Iowa Cit; MEMORANDUM, Date: October 27, 1980 To: Neal Berlin, City Manager From: Larry Chiat, Development Coordinator i Re: Hy -Vee Property Located West of Sout?Gilber@tStreet and South of City of Iowa Cit; MEMORANDUM, Date: October 27, 1980 To: Neal Berlin, City Manager From: Larry Chiat, Development Coordinator Re: Hy -Vee Property Located West of Sout?Gilber@tStreet and South of Kirkwood Avenue Following up on my letter of October 13, 1980, I recently had a telephone conference with Mr. James Meyer, attorney for Hy -Vee Food Stores, Inc. and Chariton Storage Company. We discussed the proposed sale of the alley by the City to Hy -Vee and the City's interest in acquiring title to, or an option to purchase, the east 20 feet of the Hy -Vee property. Mr. Meyer's response on behalf of Hy -Vee and Chariton was as follows: 2 F 4. 4� tpl/6 Hy -Vee is not interested in selling the City an option to purchase the east 20 feet of the Hy -Vee property. Hy -Vee does not wish to encumber the property in this manner. Mr. Meyer does not believe that a buyer of the Hy -Vee property would demolish the building and redevelop the site. He believes that the sale price which is acceptable to Hy -Vee is such that the buyer of the property will find it economically necessary to rehabilitate the existing building. Mr. Meyer offered the City two alternatives in the event that the City wishes to purchase some or all of the Hy -Vee property: a. Hy -Vee will sell to the City the east 20 feet of this parcel for the sum of $100,000 plus the cost of demolishing the existing building. b. Hy -Vee will sell the entire parcel to the City for the sum of $400,000. Mr. Meyer believes that good faith negotiations concerning the proposed sale of the alley have been concluded by Hy -Vee and the City. Mr. Meyer indicated that Hy -Vee would like to see the sale of the alley formally authorized by the City Council as soon as possible. Mr. Meyer would like to know the City's response on these issues in the near future. cc: Don Schmeiser Roger Scholten James Meyer, Attorney for Hy -Vee Food Stores, Inc. and Chariton Storage Company MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao68 ' City of Iowa Cl" MEMORANDUM hate: September 19, 1980 lu: Ci Ly Manager and Ci Ly Council o� Irons: Rosemary Vitosh, Director of Financel` Re: Parking Ramp Hours of Operation Completion of the Dubuque Street parking ramp is scheduled for the end of October. It is staff's recommendation that we start charging for evening parking in the ramps when the second ramp is open. Significant amounts of revenue are now lost because parking is free after 5:00 P.M. Recent counts have shown that, on some evenings, 100-150 vehicles were parked in the Capitol Street Parking Ramp at 11:00 P.M. Much of the littering in the ramps seems to occur in the evening and late night hours while the vehicles parking in the ramp after 5:00 P.M. do not ,generate any revenue to cover maintenance costs for the cleaning the ramp. Specifically, we recommend that the 25¢ hourly fee be charged from 8:00 A.M. through 10:00 P.M., Monday thru Saturday, with a flat parking fee of 50¢ for parking between 10:00 P.M. and 8:00 A.M. Parking from 8:00 A.M. on Sunday to 8:00 A.M. on Monday would be free of charge. The flat parking fee of 504 would be collected through the use of a coin operated gate located at the exit. I6 this way, those parkers who leave after the ramp cashier has ,gone off duty at 10:00 P.M. will still need to pay 504 to exit from the ramp. Now, any parker who leaves after the attendant goes off duty is able to drive out without paying any parking fee. A resolution is needed to set the 504 late night rate. If Council now approves of this rate, the resolution will be prepared for Council action when the effective date is known. A .... S .... 4r.Jruwr—••- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 5M I I r ' City of Iowa Cl" MEMORANDUM hate: September 19, 1980 lu: Ci Ly Manager and Ci Ly Council o� Irons: Rosemary Vitosh, Director of Financel` Re: Parking Ramp Hours of Operation Completion of the Dubuque Street parking ramp is scheduled for the end of October. It is staff's recommendation that we start charging for evening parking in the ramps when the second ramp is open. Significant amounts of revenue are now lost because parking is free after 5:00 P.M. Recent counts have shown that, on some evenings, 100-150 vehicles were parked in the Capitol Street Parking Ramp at 11:00 P.M. Much of the littering in the ramps seems to occur in the evening and late night hours while the vehicles parking in the ramp after 5:00 P.M. do not ,generate any revenue to cover maintenance costs for the cleaning the ramp. Specifically, we recommend that the 25¢ hourly fee be charged from 8:00 A.M. through 10:00 P.M., Monday thru Saturday, with a flat parking fee of 50¢ for parking between 10:00 P.M. and 8:00 A.M. Parking from 8:00 A.M. on Sunday to 8:00 A.M. on Monday would be free of charge. The flat parking fee of 504 would be collected through the use of a coin operated gate located at the exit. I6 this way, those parkers who leave after the ramp cashier has ,gone off duty at 10:00 P.M. will still need to pay 504 to exit from the ramp. Now, any parker who leaves after the attendant goes off duty is able to drive out without paying any parking fee. A resolution is needed to set the 504 late night rate. If Council now approves of this rate, the resolution will be prepared for Council action when the effective date is known. A .... S .... 4r.Jruwr—••- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 5M I i I 1 e I City of Iowa Cl" MEMORANDUM hate: September 19, 1980 lu: Ci Ly Manager and Ci Ly Council o� Irons: Rosemary Vitosh, Director of Financel` Re: Parking Ramp Hours of Operation Completion of the Dubuque Street parking ramp is scheduled for the end of October. It is staff's recommendation that we start charging for evening parking in the ramps when the second ramp is open. Significant amounts of revenue are now lost because parking is free after 5:00 P.M. Recent counts have shown that, on some evenings, 100-150 vehicles were parked in the Capitol Street Parking Ramp at 11:00 P.M. Much of the littering in the ramps seems to occur in the evening and late night hours while the vehicles parking in the ramp after 5:00 P.M. do not ,generate any revenue to cover maintenance costs for the cleaning the ramp. Specifically, we recommend that the 25¢ hourly fee be charged from 8:00 A.M. through 10:00 P.M., Monday thru Saturday, with a flat parking fee of 50¢ for parking between 10:00 P.M. and 8:00 A.M. Parking from 8:00 A.M. on Sunday to 8:00 A.M. on Monday would be free of charge. The flat parking fee of 504 would be collected through the use of a coin operated gate located at the exit. I6 this way, those parkers who leave after the ramp cashier has ,gone off duty at 10:00 P.M. will still need to pay 504 to exit from the ramp. Now, any parker who leaves after the attendant goes off duty is able to drive out without paying any parking fee. A resolution is needed to set the 504 late night rate. If Council now approves of this rate, the resolution will be prepared for Council action when the effective date is known. A .... S .... 4r.Jruwr—••- MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES 5M i Date: October 31, 1980 To: Chuck Schmadeke, City Engineer paeeel /a/3, From: Lee J. Tippe, Civil Engineer Re: City's Share of Ellis AvenuePav g Project This is in response to your request for detailed information on the City's share ($4538.00) of the Ellis Avenue paving project. The project includes the removal and replacement of approximately 50 feet of 16' wide P.C.C. slab on Ridgeland Avenue. Some slab would have to be removed to allow reconstruction of the storm sewer intake on Ridgeland. The slab is in poor condition at present so it was decided, by Frank Farmer and myself, to replace this slabtat the same time. The City is paying for the removal of this slab, plus a small amount of slab, on Ellis. The project includes the rebuilding of two intakes and the construction of a new one. The City is paying for the removal of the existing intakes, and the adjacent property owners are being assessed for the construction of the new ones. Finally, about 100 square feet of sidewalk will have to be removed and replaced since we are putting returns at both ends of the new alley. bj5/11 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES oZ67o aa� 1, f i .. rr aa� v WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK j C.JOSEPH HOLLAND S f Y .1 WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK j C.JOSEPH HOLLAND HAYEK, HAYEK & HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 October 30, 1980 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Deborah L. Greer Mayor and Councilmembers: C'1 AREA CODE 319 337.9606 I am attaching a copy of a letter that I have received from Ms. Deborah L. Greer complaining about a dog owned by a Mark Shank of 650 South Dodge Street in Iowa City. The letter is self-explanatory. Assistant City Attorney Linda Woito has spent a considerable amount of time discussing this matter with Ms. Greer. Apparently, however, Ms. Greer wishes to have the Shank animal destroyed under the pro- visions of Section 7-21 of the Iowa City Code. I am in no position to make any recommendation to the City Council concerning Ms. Greer's request and I am simply relating it to you for your information and so that you can take any action you deem necessary. Initally, however, I would suggest that you ask the Animal Shelter Director, Ms. Horton, to report to you on this case. I am sending a copy of my letter to you to Ms. Greer for her information. Very trulu y our&2 ohh W. JWH:vb Enclosure cc: Deborah L. Greer OCT ., 11900 A13BIECITY CLERK (3)J `l a07/ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 S f Y 1 HAYEK, HAYEK & HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY, IOWA 52240 October 30, 1980 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Deborah L. Greer Mayor and Councilmembers: C'1 AREA CODE 319 337.9606 I am attaching a copy of a letter that I have received from Ms. Deborah L. Greer complaining about a dog owned by a Mark Shank of 650 South Dodge Street in Iowa City. The letter is self-explanatory. Assistant City Attorney Linda Woito has spent a considerable amount of time discussing this matter with Ms. Greer. Apparently, however, Ms. Greer wishes to have the Shank animal destroyed under the pro- visions of Section 7-21 of the Iowa City Code. I am in no position to make any recommendation to the City Council concerning Ms. Greer's request and I am simply relating it to you for your information and so that you can take any action you deem necessary. Initally, however, I would suggest that you ask the Animal Shelter Director, Ms. Horton, to report to you on this case. I am sending a copy of my letter to you to Ms. Greer for her information. Very trulu y our&2 ohh W. JWH:vb Enclosure cc: Deborah L. Greer OCT ., 11900 A13BIECITY CLERK (3)J `l a07/ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 i i1 Dear Mr. Hayek, I am writing in regard to a vicious dog which has been running at large in my neighborhood on numerous occasions. This dog has demonstrated on two recent occasions that it posesses a threat to the saftey of neighborhood residents, their pets, and their children. Both the animal shelter director and an assistant city attorny have informed me that the city has no authority or obligation to impound the dog despite the fact that the owner cannot or willnot restrain tl:e dog with any regularity. However, I believe that the city has an affirmitive obligation,in general, to see that residents are protected from known dangers and nuisances, and specifically to Impound this animal and hold a public Dearing as to it's.vicious character: I am enclosing a copy of Iowa City Ordinance section 7-18 through 7-24. By notifying you personally of this hazard it is my hope that steps will be taken immediately to :solve this problem. The dog to which I am refering is owned by Mark Shank of 650 S. Dodge Iowa City, Iowa. It was running at large on September 10, 1980 and attacked and killed my cat at 628 S.Lucas. I feel sure that my cat was on my property and most likely was on my front porch. The neighbor that called the animal shelter first saw the dog in the middle of the street in front of my house and the dog was running down the street toward the dead-end of Lucas with my cat in it's mouth. When the officers from the animal shelter arrived they were ultimately able to remove the cat from the dog's mouth and take it to tie animal clinic where it died immediately after arrival. The officers gave citations to the owner of the dog for not having the dog licensed and for running at large but did not impound the dog. The very next day the dog was again seen,by myself and other neighbors, running at large in my neighborhood but could not be found when the animal shelter people arfived. The dog was running at large several times during the following week and on Sunday, September 28 the dog killed anotheir tat,iin ithtple.ighborhocdtthat was witnessed by the owner. This time again the animal shelter people gave citations to the owner but did not impound the dog. In addition to -the fact that this dog has already killed two known pets while it was running at large, I own another cat that I am afraid to let outside my door because of the very real probability that the dog could at any time be or become unrestrained. I personally am very afraid of the dog and what it can do, and the other neighbors that know of the incident are also very concerned about their pets. L-. OnrsBveral occasions thereafter I discussed these incidents and the dog with the animal shelter director, Bev Horton, and other officers. They informed me that they weren't supposed to impound the dog even though they were fully aware of what it had done in the past and knew that it would continue to be a danger in the future. They also told me that they had cited the dog on numerous occasions before and after my cat was killed but that the citations had no effect on the owner. He doesn't pay the fines until forced; still wouldn't resthain the dog even though he knew what it had done. The officers also said that the number of citations that they had given him wasn't really representative of the number of times it was running at large, but only representative of the times they were notified that it was loose and they were able to follow it and properly write out a citation. There is an elderly man who lives at the end of S. Lucas that has his dog chained in his yard; he used to call in when Mark Shank's dog was loose because it would bother his dog. However he doesn't call anymore after Mark Shank and some friends threatened the man's well-being and threatened to poison his dog. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES, MOINES OCT .. 11980 ABBIE STOI. IAS.' : CITY CLERK (3) ao7� I N I The animal shelter people have tried to be more than helpful to me but it would seem that their authority it greatly restricted by the policies of the city supervisors. I went to see -.an assistehtcity attorny to see what could be done. The response was total disinterest and I was advised that the city could do nothing about the dog. In view of the dog owners irresponsibility and the damage that the dog has done when it is loose, it is unrealistic to believe that the owner would restrain the dog for any period of time and wrong for myself or any of the rest of the neighborhood to fear 'the results when the dog does get loose. I am in favor of destruction of the dog only as a last alternative, I would rather that the dog be moved permenantly outside the city limits. I would perfer, because of the .owners' past threats to others, that my identity remain confidential, However, I alnlabsolutely willing to do whatever is necessary to see that the dog is promptly removed from this neighborhood and impounded. Please inform me as soon as possible what actions you are taking in this matter. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Sincerely, Deborah L. Greer 628 S.Lucas Iowa City, Iowa 0 i l i t I` The animal shelter people have tried to be more than helpful to me but it would seem that their authority it greatly restricted by the policies of the city supervisors. I went to see -.an assistehtcity attorny to see what could be done. The response was total disinterest and I was advised that the city could do nothing about the dog. In view of the dog owners irresponsibility and the damage that the dog has done when it is loose, it is unrealistic to believe that the owner would restrain the dog for any period of time and wrong for myself or any of the rest of the neighborhood to fear 'the results when the dog does get loose. I am in favor of destruction of the dog only as a last alternative, I would rather that the dog be moved permenantly outside the city limits. I would perfer, because of the .owners' past threats to others, that my identity remain confidential, However, I alnlabsolutely willing to do whatever is necessary to see that the dog is promptly removed from this neighborhood and impounded. Please inform me as soon as possible what actions you are taking in this matter. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Sincerely, Deborah L. Greer 628 S.Lucas Iowa City, Iowa 0 0 t r.� r.l 1 ll i 1 i II The animal shelter people have tried to be more than helpful to me but it would seem that their authority it greatly restricted by the policies of the city supervisors. I went to see -.an assistehtcity attorny to see what could be done. The response was total disinterest and I was advised that the city could do nothing about the dog. In view of the dog owners irresponsibility and the damage that the dog has done when it is loose, it is unrealistic to believe that the owner would restrain the dog for any period of time and wrong for myself or any of the rest of the neighborhood to fear 'the results when the dog does get loose. I am in favor of destruction of the dog only as a last alternative, I would rather that the dog be moved permenantly outside the city limits. I would perfer, because of the .owners' past threats to others, that my identity remain confidential, However, I alnlabsolutely willing to do whatever is necessary to see that the dog is promptly removed from this neighborhood and impounded. Please inform me as soon as possible what actions you are taking in this matter. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Sincerely, Deborah L. Greer 628 S.Lucas Iowa City, Iowa 0 r6, g 7.18 IOWA CITY CODL Sec. 7.18. Owner's responsibility (a) The owner of a pet animal shall be responsible for the obtaining of licenses and the care and feeding of any such animal owned by him/her as defined in section 7-19 of this article. The owner shall be prima facie responsible for any violation of section 7-20 of this article by any animal owned by him/her. (b) Any person abandoning a pet animal within the city limits shall be guilty of a misdemeanor. (Code 1966, § 4.21.3; 'Ord. No. 2610) Sec. 7-19. Nuisances. The following acts and circumstances are hereby declared to be nuisances: (1) The keeping of a pet animal on private property in such number or in such a manner that allows for the accumulation of solid waste of such animal which be- comes a detriment to or menace to health. .(2) Allowing a pet animal •to make excessive noise to the disturbance of persons in the area. (3) Allowing a pet animal to cause any damage or defile- ment to public or private property. (4) Allowing a pet animal to molest any person on public or private property who has a legitimate reason to be thereon. (6) Leaving a pet animal impounded, confined, or tied in any place and failing to provide or supply such animal with sufficient food and water and/or shelter. (Code 1966, § 4.21.4; Ord. No. 2610) Sea 7.20. Prohibitions and requirements. (a) Control. No dog shall be off the property of its owner without being on a leash. No other pet animal shall be off the property of its owner without being under control. For 486 . _ ............. • MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao�� i 1, 1 •I r6, g 7.18 IOWA CITY CODL Sec. 7.18. Owner's responsibility (a) The owner of a pet animal shall be responsible for the obtaining of licenses and the care and feeding of any such animal owned by him/her as defined in section 7-19 of this article. The owner shall be prima facie responsible for any violation of section 7-20 of this article by any animal owned by him/her. (b) Any person abandoning a pet animal within the city limits shall be guilty of a misdemeanor. (Code 1966, § 4.21.3; 'Ord. No. 2610) Sec. 7-19. Nuisances. The following acts and circumstances are hereby declared to be nuisances: (1) The keeping of a pet animal on private property in such number or in such a manner that allows for the accumulation of solid waste of such animal which be- comes a detriment to or menace to health. .(2) Allowing a pet animal •to make excessive noise to the disturbance of persons in the area. (3) Allowing a pet animal to cause any damage or defile- ment to public or private property. (4) Allowing a pet animal to molest any person on public or private property who has a legitimate reason to be thereon. (6) Leaving a pet animal impounded, confined, or tied in any place and failing to provide or supply such animal with sufficient food and water and/or shelter. (Code 1966, § 4.21.4; Ord. No. 2610) Sea 7.20. Prohibitions and requirements. (a) Control. No dog shall be off the property of its owner without being on a leash. No other pet animal shall be off the property of its owner without being under control. For 486 . _ ............. • MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao�� i ANUNIALS AND FOWL $ 7-21 the purpose of this subsection, "leash" shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. (b) Private property. No pet animal shall be taken, allowed, or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in charge thereof. (c) B?1siness zmte. No pet animal shall 'be allowed in the Central Business Zone or any C2 'Lone without being on a leash, enclosed in a carrier, or confined in an automobile. Por the purpose of this subsection, "leash" shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. (d) Food establishments. No pet animal shall be allowed, taken, or permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared, or dis- pensed to people other than the owners thereof. This pro- vision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. (e) Tying animals. No pet animal shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public prop- erty or tied on private property without the consent of the owner or person in charge thereof. (f) Solid waste removal. Any person who shall walk a pet animal on public property shall provide for the disposal of the solid waste material by immediate removal of the waste. (g) Exceptions. The provisions of this section shall not apply to seeing eye dogs while such dogs are acting in such capacity. (Code 1900, § 9.21.5; Ord. No. 2010) Sec. 7.21. Confinement of vicious animals. (a) No pet animal of known fierce, dangerous, or vicious characteristics shall be permitted off the premises of the 487 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES 1 1 1 i \I I 1 ANUNIALS AND FOWL $ 7-21 the purpose of this subsection, "leash" shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. (b) Private property. No pet animal shall be taken, allowed, or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in charge thereof. (c) B?1siness zmte. No pet animal shall 'be allowed in the Central Business Zone or any C2 'Lone without being on a leash, enclosed in a carrier, or confined in an automobile. Por the purpose of this subsection, "leash" shall mean a rope, line, thong, or chain of sufficient strength to hold the animal in check. (d) Food establishments. No pet animal shall be allowed, taken, or permitted on or in any building, store, restaurant, or tavern where food or food products are sold, prepared, or dis- pensed to people other than the owners thereof. This pro- vision shall not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals or the like, when the owner or person in charge of the grounds generally allows animals on the premises. (e) Tying animals. No pet animal shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public prop- erty or tied on private property without the consent of the owner or person in charge thereof. (f) Solid waste removal. Any person who shall walk a pet animal on public property shall provide for the disposal of the solid waste material by immediate removal of the waste. (g) Exceptions. The provisions of this section shall not apply to seeing eye dogs while such dogs are acting in such capacity. (Code 1900, § 9.21.5; Ord. No. 2010) Sec. 7.21. Confinement of vicious animals. (a) No pet animal of known fierce, dangerous, or vicious characteristics shall be permitted off the premises of the 487 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES § 7-21 IOWA CITY CODE. owner except while such animal is confined in a boarding kennel, veterinary hospital, or while being transported to such boarding kennel or veterinary hospital. If any pet animal of known fierce, dangerous, or vicious characteristics is per- mitted off the premises of the owner and bites or annoys any person or other animal, in addition to the other provision re- nting to rabies provided herein, the city council may set a public hearing on the destruction of such animal; and pend- ing such public hearing, the animal shall be impounded in the municipal pound or, upon request by the owner, at a vet- erinary hospital at the owner's expense. (b) The council shall, when setting the public hearing, give notice to the owner of such animal, if known, not less than seven (7) days prior to such hearing. (c) If the council determines that the animal is of a known fierce, dangerous, or vicious character and that the owner has failed to restrain such animal on his/her premises reasonably and that it is in the public interest to destroy such animal, it shall enact a resolution to that effect and directing that the animal be destroyed in a humane manner. (Code 1966, § 4.21.6; Ord. No. 2610) Sec. 7.22. Shelterorpound. (a) Any public or municipal pound or shelter established and maintained by the city shall be conducted and operated by the shelter master under the supervision, direction, and control of the city manager. He/she shall have the same powers as a peace officer; shall hold office for such time as the council may direct; and shall receive as compensation such amount as the council may by resolution determine. (b) It shall be the duty of the shelter master to impound any pet animal found running at largo contrary to the pro- visions of this article. The shelter master shall provide ade- quate and wholesome food for animals impounded and shall provide careful and humane treatment toward such animals and shall provide for humane destruction of animals as pro- vided in this article. 488 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3�3 j ;.1 j i I1 i i § 7-21 IOWA CITY CODE. owner except while such animal is confined in a boarding kennel, veterinary hospital, or while being transported to such boarding kennel or veterinary hospital. If any pet animal of known fierce, dangerous, or vicious characteristics is per- mitted off the premises of the owner and bites or annoys any person or other animal, in addition to the other provision re- nting to rabies provided herein, the city council may set a public hearing on the destruction of such animal; and pend- ing such public hearing, the animal shall be impounded in the municipal pound or, upon request by the owner, at a vet- erinary hospital at the owner's expense. (b) The council shall, when setting the public hearing, give notice to the owner of such animal, if known, not less than seven (7) days prior to such hearing. (c) If the council determines that the animal is of a known fierce, dangerous, or vicious character and that the owner has failed to restrain such animal on his/her premises reasonably and that it is in the public interest to destroy such animal, it shall enact a resolution to that effect and directing that the animal be destroyed in a humane manner. (Code 1966, § 4.21.6; Ord. No. 2610) Sec. 7.22. Shelterorpound. (a) Any public or municipal pound or shelter established and maintained by the city shall be conducted and operated by the shelter master under the supervision, direction, and control of the city manager. He/she shall have the same powers as a peace officer; shall hold office for such time as the council may direct; and shall receive as compensation such amount as the council may by resolution determine. (b) It shall be the duty of the shelter master to impound any pet animal found running at largo contrary to the pro- visions of this article. The shelter master shall provide ade- quate and wholesome food for animals impounded and shall provide careful and humane treatment toward such animals and shall provide for humane destruction of animals as pro- vided in this article. 488 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3�3 j I i i I I i , ANIMALS AND DONT. § 7.32 (c) As provided by law, the city may enter in a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to animals for the use of its facilities for the restraining and impounding of animals consistent with the provisions in paragraphs '(a) and (b) of this section. (Code 1966, § 421.7; Ord. No. 2610) Cross reference—Streets, sidewalks and public places, Ch. 31. . Sec. 7-23. Releasing or molesting animals. Any person except the owner of a pet animal or his/her authorized agent who willfully opens any door or gate on any private or public premises for the purpose of enticing or en- abling any such animal to leave such private or public prem- ises, as defined in this article shall be guilty of a misdemeanor. Any person who willfully molests, teases, provokes, or mis- treats a pet animal shall be guilty of a misdemeanor. (Code 1966, § 4.21.11; Ord. No. 2610) Sec. 7.24. Interference with agent. Any person who willfully interferes with, molests, or in- jures an agent of the city authorized to enforce the pro- visions of this article or who seeks to release any pet animal properly in the custody of such authorized agent, shall be guilty of a misdemeanor, (Code 1066, § 4.21.15; Ord. No. 74-2735, § II, 10-8-74) Secs. 7.25-7.31. Reserved. DIVISION 2. IMPOUNDMDNT Sec. 7.32. Authorized. Any pet animal found in violation of the provisions of this article may be impounded by the shelter master in the pound or shelter as provided by section 7-22. (Code 1966, § 4.21.8; Ord. No. 2610) 489 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I L Q a VEENSTRA & KIMM, INC. October 27, 1980 Neal G. Berlin City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RIVER CORRIDOR SEWERS PROJECT WEEKLY PROGRESS REPORT N0. 15 „• � 1'nth This is to report progress on the River Corridor Sewers project for the week ending October 25, 1980, and to provide information regarding the contractor's plans for the weeks ahead. Crew No. I began laying 36 -inch pipe in Dubuque Street north of Park Rand this week. A total of 600 linear feet must be completed between Park Rood and Kimbell road during October. Last week, 400 linear feet of this was completed. Crew No. 2 moved to Riverside Drive this week to begin work on pipe installation on Division 3. This crew installed the tunneling pit at River Street. Crew No. 2 then installed about 200 linear feet of 27 -inch pipe south from River Street. lmplementation of the plan for handling traffic on Dubuque Street was completed. Two-way traffic is being maintained satisfactorily. Affholder has completed 50 linear feet of the tunnel at Park Road. A second crew from Affholder moved in to begin tunneling under the Crandic crossing on Riverside Drive. The Park Road crew is going to move back to the water plant this week to complete the work there. The intersections at Madison and Court and Madison and Burlington were paved. Subgrade is prepared, where possible, for paving the east side of Madison from Iowa Avenue to Market. Problems with University utilities are delaying the contractor in getting this reach paved. We are documenting these delays in the event paving is delayed beyond November 15. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao7z I 1 I I. L Q a VEENSTRA & KIMM, INC. October 27, 1980 Neal G. Berlin City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RIVER CORRIDOR SEWERS PROJECT WEEKLY PROGRESS REPORT N0. 15 „• � 1'nth This is to report progress on the River Corridor Sewers project for the week ending October 25, 1980, and to provide information regarding the contractor's plans for the weeks ahead. Crew No. I began laying 36 -inch pipe in Dubuque Street north of Park Rand this week. A total of 600 linear feet must be completed between Park Rood and Kimbell road during October. Last week, 400 linear feet of this was completed. Crew No. 2 moved to Riverside Drive this week to begin work on pipe installation on Division 3. This crew installed the tunneling pit at River Street. Crew No. 2 then installed about 200 linear feet of 27 -inch pipe south from River Street. lmplementation of the plan for handling traffic on Dubuque Street was completed. Two-way traffic is being maintained satisfactorily. Affholder has completed 50 linear feet of the tunnel at Park Road. A second crew from Affholder moved in to begin tunneling under the Crandic crossing on Riverside Drive. The Park Road crew is going to move back to the water plant this week to complete the work there. The intersections at Madison and Court and Madison and Burlington were paved. Subgrade is prepared, where possible, for paving the east side of Madison from Iowa Avenue to Market. Problems with University utilities are delaying the contractor in getting this reach paved. We are documenting these delays in the event paving is delayed beyond November 15. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao7z Nrn l I.. 11m,11 n IIr.Lnhm, ?1. 1'11111 Mage U&I, subcontractor for driveways and sidewalks, accelerated his progress so as to stay ahead of the sodding subcontractor. The writer will be in Iowa City on Friday, October 31. of VEENSTRA" & INC MY HtJJ: f: ,,W. Kimm s JWK:jgt 11646 cc: Charles J. Schmadeke W. L. Levay MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES t ,i I• MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES L G LD-cfCD 1TS L-1asc L [.100 E aU, c-6 Controversy Concerning Handicapped Continues The controversy concerning accessibility of public transit systems to handicapped patrons is still active, despite resolution of a court suit. On May 7 the American Public Transit Association (APTA) appealed a dis- trict court decision in what is known as the Section 504 case, and a ruling is expected soon. At issue are U.S. Department of Transportation (DOT) regulations designed to guarantee handi- capped persons nondiscriminatory service by feder- ally assisted mass transportation systems. The APTA and some of its association members had sued to have these regulations declared invalid and to halt their implementation. United Stales District Judge Louis F. Oberdorfer's February 7 Order dismissed the suit brought by the American Public Transit Association against Nell Goldschrnidt (as secretary of the U.S. Department of Transportation), and refused to grant an Injunction hailing implementation of the regulations. The judge, however, did rule that the DOT must file an environmental impact statement, "on or before Sep- tember 1, 1980."' Although the district court opinion is primarily favorable to the DOT, the decision does not address A draft statement released this summer addresses energy requirements, vehicle emissions, traffic conges• lion, time factors (for loading and unloading handicapped passengers), ridership, and other factors. II concludes that no significant environmental impacts have been Iden• tified, and that the extra costs of compliance with the reg• ulalions will be one to two percent of current transit budgets. Alternatives such as special service systems would be more costly, according to the statement. Fur• thermore, the study maintains that the environmental effects of implementation of the present rules will be very slight, and that the effects of Introducing separate, spe- cial service systems with additional vehicles would be greater. the question of whether or not the present regula- tions represent the "best" approach to solving the problems of accessibility. Rather, the decision affirms the procedures followed In formulating the regulations, and the authority of the department to Issue them. The decision also maintains that the issues involved are appropriate to legislative action since, "Congress retains a powerful final word on this issue by Its control of the appropriations proc- ess and Its direct power to amend or revoke the regu- lations." The court also states that by virtue of its actions addressing the Issue, "... the policy, budget and technological questions addressed by the regu- lations are formally and actually before Congress for review." Although the existing DOT regulations are still the subject of judicial review because of the appeal case, they are also attracting congressional atten- tion. In the House, James J. Howard (D -NJ) has Introduced an amendment to the Surlace Transpor- Continued on page 2 Rural Public Transportation Volume II, Number.3, August -September 1980 Section 504 Decision .................... Page 1 Rockefeller Awards ..................... Page 7 Matching Funds Calculations ............. Page 8 Congressional Update ................... Page 9 Announcements ....................... Page 12 Publications ........................... Page 12 he 1\!ationa! Rural Center 1323 L Street, NW, Washington, DC 01 .._.. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES 1401NE5 I ■ Rural Public Transportation Section 504continued train page I tation Act of 1980 (H.R. 6417) which would permit local authorities to develop special service systems to help meet accessibility requirements. In the Senate, Edward Zorinsky (D -NE) offered an amend. ment to the Federal Public Transportation Act of 1980 to allow local communitieswith fewer than 50,000 re i�jQ tLtsrlo meet their obligations by estafr lishing special services for handicapped persons. (See "Congressional Update," this issue.) BACKGROUND An understanding of the controversy surrounding the DOT regulations involves knowing what has been mandated by law, and how the regulations are designed to meet the requirements of the law. The Law The regulations governing federally assisted pub- lic transportation systems and their accessibility to handicapped patrons are issued by the U.S. Depart. ment of Transportation, but their purpose Is estab. lished by Congress through legislation. The Rehabil- itation Act of 1973, as amended (Section 504); the Urban Mass Transportation Act of 1964, as amended (Section 16); and the Federal -Aid Highway Act of 1973, as amended (Section 165), all require that i��yy federally -assisted public transit systems there be na discrimination against handicapped persons. The Regulations To implement these acts, President Gerald Ford Issued Executive Order 11914 In April 1976, which charged the secretary of the U.S. Department of Health, Education, and Welfare (now the U.S. Depart• ment of Health and Human Services (HHS) with the responsibility of (1) coordinating implementation of the mandated accommodation by all federal agen• cies and departments, and (2) establishing standards for determining what constitutes a discriminatory practice (within the context of Section 504). The order also directed each agency and department to issue its own regulations based on the standards established by the secretary of HHS. Accordingly, on June 8, 1978, the DOT published .Its proposed regulations and provided a public com- ment period lasting until October 20, 1978. Public hearings were held in five cities, 650 written com- ments were received, and 220 persons and groups presented testimony at the hearings. The final DOT M PagP.2 regulations were issued May 31, 1979. Requirements: The regulations produced by the U.S. Department of Transportation apply only to mass transportation programs that receive federal assistance.' Basically, the regulations require that, by specific dates, all modes of public transit sys. tems that receive federal funds must be made accessible to handicapped patrons.' "The wisdom o/ the choice, and indeed the question whether it is the choice Congress intended, is not free from doubt." What this means, generally, is that a percentage of the vehicles involved must be designed and equip. ped to transport handicapped patrons. With a sub• way or rail system, for example, a percentage of cars (at least one car on each train) would have to be accessible to persons in wheelchairs, and key sta• tions would have to be accessible via elevators (about forty percent of stations are considered With a bus system, a percentage of buses would have to be equipped with wheelchair lifts, special '\ railings or stairs, and/or other modification s to facili. \/I tate the handicapped. Generally, a bus system, as a ole, would need to have fifty percent of its buses access: r+-wIL en9J eelchairs. __•—_-_ — The time frames for compliance vary, depending on the modes of transit. As the regulations stood at the time of the court rase, all modes would have. In be accessible within three years of July 2, 1979, IhP. date the regulations became elfectivr„ bul (;hall()(:!; ' At present, more than three billion dollars per year Is awarded through federal grants for mass transit through the Discretionary Capital Grant Program, the Formula Grant Program, and the Interstate Substilullon Program. ' The court decision, contained In the February 7 Memo• randum refers to the various sections of the DOT regula tions as one category, "the regulations." Similarly, when the term, "federally -funded" Is used, It refers to ledtiral funds administered by the U.S. Department of Transports tion, "Accessible" Is usually considered to mean acre& sible to those with mobility handicaps that confine Thom to wheelchairs, but provision has been made to acr-orn modate other types of handicap as well. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES r 1 a07� 1 Rural Public Transportation Section 504continued train page I tation Act of 1980 (H.R. 6417) which would permit local authorities to develop special service systems to help meet accessibility requirements. In the Senate, Edward Zorinsky (D -NE) offered an amend. ment to the Federal Public Transportation Act of 1980 to allow local communitieswith fewer than 50,000 re i�jQ tLtsrlo meet their obligations by estafr lishing special services for handicapped persons. (See "Congressional Update," this issue.) BACKGROUND An understanding of the controversy surrounding the DOT regulations involves knowing what has been mandated by law, and how the regulations are designed to meet the requirements of the law. The Law The regulations governing federally assisted pub- lic transportation systems and their accessibility to handicapped patrons are issued by the U.S. Depart. ment of Transportation, but their purpose Is estab. lished by Congress through legislation. The Rehabil- itation Act of 1973, as amended (Section 504); the Urban Mass Transportation Act of 1964, as amended (Section 16); and the Federal -Aid Highway Act of 1973, as amended (Section 165), all require that i��yy federally -assisted public transit systems there be na discrimination against handicapped persons. The Regulations To implement these acts, President Gerald Ford Issued Executive Order 11914 In April 1976, which charged the secretary of the U.S. Department of Health, Education, and Welfare (now the U.S. Depart• ment of Health and Human Services (HHS) with the responsibility of (1) coordinating implementation of the mandated accommodation by all federal agen• cies and departments, and (2) establishing standards for determining what constitutes a discriminatory practice (within the context of Section 504). The order also directed each agency and department to issue its own regulations based on the standards established by the secretary of HHS. Accordingly, on June 8, 1978, the DOT published .Its proposed regulations and provided a public com- ment period lasting until October 20, 1978. Public hearings were held in five cities, 650 written com- ments were received, and 220 persons and groups presented testimony at the hearings. The final DOT M PagP.2 regulations were issued May 31, 1979. Requirements: The regulations produced by the U.S. Department of Transportation apply only to mass transportation programs that receive federal assistance.' Basically, the regulations require that, by specific dates, all modes of public transit sys. tems that receive federal funds must be made accessible to handicapped patrons.' "The wisdom o/ the choice, and indeed the question whether it is the choice Congress intended, is not free from doubt." What this means, generally, is that a percentage of the vehicles involved must be designed and equip. ped to transport handicapped patrons. With a sub• way or rail system, for example, a percentage of cars (at least one car on each train) would have to be accessible to persons in wheelchairs, and key sta• tions would have to be accessible via elevators (about forty percent of stations are considered With a bus system, a percentage of buses would have to be equipped with wheelchair lifts, special '\ railings or stairs, and/or other modification s to facili. \/I tate the handicapped. Generally, a bus system, as a ole, would need to have fifty percent of its buses access: r+-wIL en9J eelchairs. __•—_-_ — The time frames for compliance vary, depending on the modes of transit. As the regulations stood at the time of the court rase, all modes would have. In be accessible within three years of July 2, 1979, IhP. date the regulations became elfectivr„ bul (;hall()(:!; ' At present, more than three billion dollars per year Is awarded through federal grants for mass transit through the Discretionary Capital Grant Program, the Formula Grant Program, and the Interstate Substilullon Program. ' The court decision, contained In the February 7 Memo• randum refers to the various sections of the DOT regula tions as one category, "the regulations." Similarly, when the term, "federally -funded" Is used, It refers to ledtiral funds administered by the U.S. Department of Transports tion, "Accessible" Is usually considered to mean acre& sible to those with mobility handicaps that confine Thom to wheelchairs, but provision has been made to acr-orn modate other types of handicap as well. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES r 1 a07� Page 3 Rural Public Transportation that were "extraordinarily expensive" could be may be sought only after all compliance plans have phased in over longer periods.' been developed, and only if alternative service, ".. . as good or better than that which would have been Only two requirements of the regulations are provided absent a waiver," has been developed. immediate. "Under the regulations, the only actions '- --'--- -•-•__ that transit authorities must take immediately are to This waiver provision, however, does notapply to acquire accessible buses and subway cars, if they bus systems, the primary mode of public•, transit -in, decide to acquire any new vehicles at all, and to int- many rural areas. Instead, a general provision allow• `\ tiale compliance planning," according to the court ing the DOT to allow exemptions to its regulations Il Memorandum. All compliance plans are due twelve could.be-used by bus systems seeking alternative to eighteen months after July 2, 1979 (July 2, 1980 to forms of compliance: The-coua ulodL4ha"_wonttl January2,1981). retain jurisdiction for those, "justifiably dissatisfied with the administrative action (or Inaction) on any Although the prohibition of discrimination applies to all systems, the means of complying with the law varies, depending on the kind of system involved. For purposes of the court case, the Memorandum addresses the regulations as they apply to all feder• ally funded mass transit systems. For bus systems, however, the regulations address distinctions among systems, making provisions for various types of system such as paratransit systems (see Rural Public Transportation, Volume I, Numbers).' These distinctions are particularly relevant to rural areas, which are more likely than urban areas to be served by systems which combine features of regu• larly scheduled fixed•route service with special serv• Ice or paratransit service which may or may not be over a fixed route. Waivers and Exemptions: Recognizing that there may be situations in which compliance is infeasible, waiver provisions are provided for existing subway, commuter rail, and streetcar systems, but a waiver The time permitted for accomplishing "extraordinarily expensive" structural changes or replacements is: for bus systems, ten years for both vehicles and fixed facilities; for subway systems, five years for vehicles and thirty years for fixed facilities; for streetcar systems, twenty years for both vehicles and fixed facilities; and for com- muter rail systems, ten years for vehicles and thirty years for fixed facilities. It a bus service is considered to be a paratransit sys• lem, It has the option of meeting the demands of compli. ante with Section 504 by providing special alternative cervices for handicapped patrons. If the system Is defined as a fixed -route system, the percentage rule applies, and new vehicles must be accessible. If a service is made up of cicmcnis of both paralransll and fixed -route systems, a case-by-case determination of what is necessary for com- pliance will be made by the DOT. petitions for waivers, exemptions, or extensions. THE CONTROVERSY At issue in the debate about implementing the regulations are, both the economics of accommoda- tion, and the effectiveness of the service to be pro- vided. Economic Considerations As part of the Surface Transportation Assistance Act of 1978, Congress requires the DOT to provide funds to transit operators to develop "detailed esti- mates" of the costs of retrofitting their systems to make them accessible. These estimates are then to be compiled by the DOT in a report to Congress con- cerning the costs of compliance. The report is also to contain the recommendation of the secretary of the DOT concerning what legislation, "... may be necessary to finance the improvements set forth in the cost estimates," according to the act. Costs of compliance may be high, but there is lit- tle agreement on just how much money is Involved. Estimates range from the DOTS projection of three billion dollars over the next thirty years, to that of the Congressional Budget Office, which estimates compliance will cost nearly seven billion dollars over the same time period. Of these costs, some would be borne by the fed- eral government and some by state and local grant recipients. "The federal government would ulli- mately bear some of these additional costs through increased grants under the Urban Mass Transporla• lion and Federal Aid Highway Programs," according to the court. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Continued on pogo 4 ao7f� 8 k Rural Public Transportation Section 504continued from page 3 Costs not covered by increased federal appropria. tions will be met by state and local authorities. There is no agreement, however, on what the actual costs to local entities would be. The DOT estimates local authorities will pay about $460 million over thirty years, but the APTA estimates the cost at more than $4.5 billion for the same years. Congress further recognized the lack of informa. tion available concerning costs of compliance by slating in the House Report accompanying the U.S. Department of Transportation and Related Agencies Appropriations Act of 1979 that, "the regulations might require the expenditure of vast sums with only minimal benefits to handicapped persons." Thus, until the DOT report concerning costs Js prepared, the House_ Committee on Appropriations recom- mended prohibiting use of federal funds to retrofit existing rail transit systems. Congress' concern with the interpretation and means of complying with existing legislation requir- ing accessibility is also emphasized in a report pub- lished in November 1979 by the Congressional Bud- get Office which states, "The Congress is currently considering whether to fund these changes [those involved in retrofitting transit systems) through reductions in other transit programs or through new appropriations—or whether to enact new legislation requiring DOT or HEW to modify their rules." Provision of Service The issue concerning service revolves around the question of how the handicapped are best served. Should handicapped persons ride regularly sched. uled buses with other, nonhandicapped passengers (mainstream service), or are handicapped riders bet- ter served by specialized vehicles on separate schedules and/orroutes(special service)? The arguments range over basic Issues such as what constitutes "discrimination" and what defines "public" access. it could be argued that Inacces- sible transit discriminates against the handicapped. But if specialized, door-to-door service were Insti- tuted to serve the needs of handicapped patrons, it could be argued that the handicapped were being segregated from the public, or that nonhandicapped patrons were being provided less convenient serv- ices than those provided for handicapped persons. The special service alternative was considered by Page 4 the court to be In the context of a "local options" approach. Such an approach, according to APTA, would be better able to meet the needs of different kinds of localities, such as rural areas. The court maintained, however, that the, ..... local options approach was not mandated by the statutes, HEW guidelines, or by the rulemaking record ... The DOT regulations reflect the secretary's decision that mainstream service, with provision for waivers, (and/or exemptions) is the better alternative." "Underlying plaintiffs' concerns is un- doubtedly their longstanding preference for a 'local op tions' approach. " Another consideration affecting the provision of service is the reliability—or lack of reliability—of the actual equipment installed on transit vehicles to increase their accessibility. Opinions differ on Rural Public Transportation Rural Public Transportation is published by the Na. tional Rural Center, a private nonprofit corporation specializing in research and development of policy alternatives concerning rural issues. The newsletter contains information developed through the center's regular monitoring programs and does not constitute an overview of the entire rural transportation field. The material in this newsletter is the result of lax. supported research and as such, connol be r•.npy righted. It may be reprinled with thn customary wod- iting of the source. Rural Public Transportation in provided free of charge by writing to the. National Rural Center, 1828 L Street, NW, Wanhinglon, DC 20036, or calling 2021331-0258. Staff are Victoria A. Hays, publications manager and editor; Florence M. Gallagher, congressional relor• ence specialist; and Tammy L. Hoppe, adrninirlra five coordinator. Members of the Advisory Board are John M. Corn• man, president; Barbara K. Kincaid, chief of the Public Information Component; Betty A. Vinson, special assistant for the consortium; and Douglas McKelvey of the U.S. Department of Transportation. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao�y i k Rural Public Transportation Section 504continued from page 3 Costs not covered by increased federal appropria. tions will be met by state and local authorities. There is no agreement, however, on what the actual costs to local entities would be. The DOT estimates local authorities will pay about $460 million over thirty years, but the APTA estimates the cost at more than $4.5 billion for the same years. Congress further recognized the lack of informa. tion available concerning costs of compliance by slating in the House Report accompanying the U.S. Department of Transportation and Related Agencies Appropriations Act of 1979 that, "the regulations might require the expenditure of vast sums with only minimal benefits to handicapped persons." Thus, until the DOT report concerning costs Js prepared, the House_ Committee on Appropriations recom- mended prohibiting use of federal funds to retrofit existing rail transit systems. Congress' concern with the interpretation and means of complying with existing legislation requir- ing accessibility is also emphasized in a report pub- lished in November 1979 by the Congressional Bud- get Office which states, "The Congress is currently considering whether to fund these changes [those involved in retrofitting transit systems) through reductions in other transit programs or through new appropriations—or whether to enact new legislation requiring DOT or HEW to modify their rules." Provision of Service The issue concerning service revolves around the question of how the handicapped are best served. Should handicapped persons ride regularly sched. uled buses with other, nonhandicapped passengers (mainstream service), or are handicapped riders bet- ter served by specialized vehicles on separate schedules and/orroutes(special service)? The arguments range over basic Issues such as what constitutes "discrimination" and what defines "public" access. it could be argued that Inacces- sible transit discriminates against the handicapped. But if specialized, door-to-door service were Insti- tuted to serve the needs of handicapped patrons, it could be argued that the handicapped were being segregated from the public, or that nonhandicapped patrons were being provided less convenient serv- ices than those provided for handicapped persons. The special service alternative was considered by Page 4 the court to be In the context of a "local options" approach. Such an approach, according to APTA, would be better able to meet the needs of different kinds of localities, such as rural areas. The court maintained, however, that the, ..... local options approach was not mandated by the statutes, HEW guidelines, or by the rulemaking record ... The DOT regulations reflect the secretary's decision that mainstream service, with provision for waivers, (and/or exemptions) is the better alternative." "Underlying plaintiffs' concerns is un- doubtedly their longstanding preference for a 'local op tions' approach. " Another consideration affecting the provision of service is the reliability—or lack of reliability—of the actual equipment installed on transit vehicles to increase their accessibility. Opinions differ on Rural Public Transportation Rural Public Transportation is published by the Na. tional Rural Center, a private nonprofit corporation specializing in research and development of policy alternatives concerning rural issues. The newsletter contains information developed through the center's regular monitoring programs and does not constitute an overview of the entire rural transportation field. The material in this newsletter is the result of lax. supported research and as such, connol be r•.npy righted. It may be reprinled with thn customary wod- iting of the source. Rural Public Transportation in provided free of charge by writing to the. National Rural Center, 1828 L Street, NW, Wanhinglon, DC 20036, or calling 2021331-0258. Staff are Victoria A. Hays, publications manager and editor; Florence M. Gallagher, congressional relor• ence specialist; and Tammy L. Hoppe, adrninirlra five coordinator. Members of the Advisory Board are John M. Corn• man, president; Barbara K. Kincaid, chief of the Public Information Component; Betty A. Vinson, special assistant for the consortium; and Douglas McKelvey of the U.S. Department of Transportation. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao�y i I \I I Page 5 whether lifts on buses, kneeling buses, and auto. matic ramps are dependable enough for widespread use. Complicating any evaluation are the issues of operator training and equipment maintenance. Even a technologically sound piece of equipment will fail if it's operated incorrectly or improperly maintained. Additionally, there is the claim that operators do not develop experience in use of the equipment because there is so littledemand for it. Scope of the Need Just as there is little agreement about the costs or the provision of service, there is little consensus on how many handicapped persons will benefit from the increased accessibility. The DOTS Notice of Pro. posed Rulemaking states that there are thirteen m114 lion handicapped persons in the U.S..Congressional testimony sets the figure at forty-four million, and the Congressional Budget Office estimates there are thirty-five million. Another DOT study reported 7.44 million persons are "transportation handicapped." Were the number of handicapped persons known, it would still be difficult to determine how many of them could benefit from the increased accessibility of public transportation. Proponents of the special services approach claim many handicapped persons cannot reach conventional bus stops, and would be better served by door-to-door service. It would be dif. ficult to determine whether the lack of use of acces- sible transit predicted by opponents of the main. stream approach reflected a lack of interest on the part of handicapped persons, or, as the DOT main- tains, lack of knowledge about the opportunities available. THE COURT CASE The court case was brought by the American Pub- lic Transit Association (APTA) and other plaintiffs seeking to have the regulations declared invalid, and stop implementation of the regulations. The Validity of the Regulations The suit sought to Invalidate the DOT regulations on the bases that (1) the regulations were illegal and exceeded statutory authority, (2) they were proce- durally defective, (3) the regulations were arbitrary and capricious, and (4) environmental consequences were not adequately considered. ^I Rural Public Transportation Statutory Authority. The court ruled that issue of the regulations does not exceed statutory authority given to the secretary of the DOT." Language in con. gressional documents since 1964 is cited as evi- dence of Congress' intent to provide funds to the secretary of the DOT to further transportation to all citizens. Among the conditions attached to the appropriation of such funds are specific mandates that handicapped persons, "have the same right as other persons to utilize mass transportation facili. ties and services." "The Court noted that, 'The line between a lawful refusal to extend affirmative action and illegal discrimination against handi- capped persons (will not always) be clear.' " Holding that, "it is completely feasible for Con- gress to reverse or revise (the agency's judgement] by withholding or conditioning appropriations, and by directly legislating," the court ruled the regula- tions do not exceed statutory authority. Procedurally defective: The suit claimed that the regulations were invalid because the DOT failed to consider all alternatives because It, "erroneously assumed," that Section 504 and HEW guidelines re- quired that, "provision for special services was not a permissible alternative." The court ruled that even if, .. DOT interpreted the HEW guidelines as requir- Continued on page ' The claim that the regulations exceeded statutory authority was primarily based on the Suprnrne Court deco sion in Southeastern Community College Y. Davis, :r rnr:re concerning admission of a handicapped pemon to a uni versify. The person In question had a hearing dinahlllly and would have had to rely on lip reading and individual attention which, the court maintained, was not required under Section 504. Thus, the court ruled against the seer, tary of HEW in this case because the authority under Sec. tion 504, Itself, was not sufficient to require the college to provide the specialized training needed to permit admis. sion of the handicapped person. Basically, It could only require that there be nD discrimination against persons because of their handicaps. In the case concerning the DOT regulations, however, the court maintained that, "The Secretary's authority here, by contrast, is underginled by specific statutes delegating ... broad authority to ostatr lish terms and conditions for the grants of huge sures for transportation facilities generally and for Iransportalion for the handicapped in particular." MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS - DES MOINES 0 Rural Public Transportation Section 504conlinued from page 5 Page 6 ing more extensive accessibility than they actually that although there might be fewer persons In rural did," the regulations are not invalid. areas to benefit from accessibility, "public transpor- tation is likely to be quite important for them, as Arbitrary and capricious: The suit claimed that issue of the regulations was arbitrary and capricious because (1) they do not consider technological limi- tations, (2) they will impose more expense for less service than would be available under alternative approaches, and (3) they fail to make allowances for differences in local transit conditions. "Plaintiffs complain in essence that all the 'bugs' have not been worked out of the devices." At issue concerning the available technology is lire reliability of wheelchair lifts for buses and "gap. (:losing" dr vices for subway and commuter rail cars. Thr; APTA maintained that the lifts were, '•cornrnerrially unfeasible," while the DOT main• fairred that, "feasible lifts are either currently avail• able or would be available, by the time any new buses were ready for delivery.' The court held that the expertise of the DOT was, "entilled to great deference," and that, furthermore, an agency could impose requirements, "entailing more advanced technology than exists at the time the requirement is adopted." If necessary, the waiver provisions could accommodate situations were the technology not available in time to allow systems to comply with the regulations, according to the ruling. Concerning the claim that alternative approaches (such as special service) would provide more bene- fits at lower cost, the court held that this claim, as well as that holding that local diversity had not been considered, was not really subject to judicial review. The laws, in effect, vest authority in the DOT, and the court must rule only on the legality of the actions. Rather, Congress, "retains a powerful final word on this Issue," according to the ruling. In the claim that the regulations did not address the diversity of local conditions, such as those of rural systems compared to urban systems, the court held that the waiver provision would accommodate such needs. Specifically, the Memorandum states There is an eighieemmonth span between the time a bus is ordered and its delivery. alternative means of transportation may be ess available." Compliance with NEPA: The National Environmen• tal Policy Act (NEPA) requires federal agencies to provide detailed assessments of the environmental effects of major federal actions, including discus- sion of alternatives to the proposed actions. The DOT submitted a six-page "Final Negative Declara- lion" and maintained that no national or program- matic environmental impact statement (EIS) was required. The court ruled that the question at issue was whether the release of the regulations consti- tuted a "major federal action" that would signifi• cantly affect the quality of the human environment. The DOT maintained that although the environment might be affected through compliance, the actual issuing of the national regulations did not require preparation of an EIS. The court ruled, "The fact that numerous individual EIS's will be required for many particular projects initiated pursuant to this national program does not diminish its potential environmen• tal effect nationwide; rather, it attests to it." Among the court -cited impacts were dwell time of buses stopped to load and unload handicapped patrons, fuel requirements, vehicle emissions, and traffic congestion. The court ruled that the DOT must pre- pare and file an EIS on or before September 1, 1980. "The environmental discussion consisted of two sentences addressed to 'noise,' three sentences addressed to 'air quality,' two sentences to 'land use and urban growth,' four sentences to 'historic riles,' and one sentence to 'other.' " Stopping Implementation The suit sought to stop implementation of the regulations because of all the above reasons, bul the court dismissed all the claims except that of the lack of consideration of the environmental impact. In cases when a project or program has been ruled to be in violation of the NEPA, a judge can slop devel- opment of the project or program by granting an Injunction. Such an injunction legally stops action until certain conditions, such as the preparation and filing of an impact statement, are (net. In order to MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 0�07� .t f. . N grant such an injunction, however, if is necessary for the plaintiffs to show that their interests are threat- ened or would suffer irreparable injury if the regula. tions were allowed to remain in effect. The court also maintained that, were Congress to modify the impact of the regulations, the changing of bus orders to reflect modifications was not a seri- ous enough problem to warrant delaying a, "program with possibly millions of beneficiaries." �r Rural Public Transportation In view of the facts that local EIS's would be required prior to local actions; and that the only innnediale effects of the regulations would be on the ordering of accessible vehicles (if any were ordered) and the preparation of compliance plans, the court ruled that no irreparable damage would be suffered If the implementation continued. Furthermore, no sys- tems would have to make adjustments until comple- tion of waiver considerations. No injunction was granted.■ —Victoria A. Hays Rural Award Program Enters Second Year Nominations for the Winthrop Rockefeller Award for Distinguished Rural Service, one of the most presti- gious rural service awards in the nation, have been received and the selection of two award winners is underway. According to Former Pennsylvania Governor Raymond Philip Shafer, chairman of the Award Selec- tion Trustees, the winners of the two $10,000 awards will be announced in May, 1981. The annual awards recognize individual leadership and rural development contributions in local Com- munities and academic communities, Shafer ex- plained. Named after the late Arkansas governor, the award program, now in Its second year, is sponsored by the National Rural Center, a nonprofit corporation based in Washington, D.C. The award is made possi- ble by a grant to the center from the Winthrop Rockefeller Charitable Trust. rural sociologist and her advocacy for, rural people, especially the poor, minorities, and women; and to Roman Kehler of Eden, South Dakota, for his work as a farmer, financial innovator, oommunity worker, and organizer. In addition to Shafer, who is now partner and senior counselor with the law firm of Coopers and Lybrand in Washington, D.C., the Award Selection Trustees include: Leroy Davis, chairman, Depart. Nominees for the rural service award must have at Ment of Agricultural Economics and Agribusiness, least one contribution specifically identifiable Southern University and A & M College, Baton through a project, program, policy, or action ad- Rouge, Louisiana; Myron Jones, executive ditector, dressing issues or problems of importance to rural Irpdian Training, Inc., Albuquerque, New Mexico, and people and communities. The contributions may .%cochairman of the Board of Directors of the National concern any aspect of rural development, ranging Rural Center; Beverly A. Nichols, chairman, Deparl. from job creation, business, or agriculture,)o'the ment of Home Economics, North Carolina Cenlral delivery of community services such as hearth care University, Durham, North Carolina; Roderick N. and education. Nominees may work i/_9101vernment Petrey, attorney, Mohoney, Hadlow, & Adarns, or the private sector, Shafer said. ; Miami, Florida, and cochairman of the Board of j Directors of the National Rural Center; Richard D. In contrast to national poloos, which seemed to Remington, dean of the School of Public Health, assume people would leave rural America during the University of Michigan, Ann Arbor, Michigan, and mid -seventies, more ppdole in the nation moved to member of the Board of Directors of the National rural areas than to u dan areas. Despite the national Rural Center, and Marta Sotomayor, special assist - trends, however out -migration has continued In ant to the administrator, Alcohol, Drug Abuse, and many rural of s. The award seeks to examine and Mental Health Administration, U.S. Department of highlight the potentials and problems resulting from Health and Human Services/Public Health Service, the population shifts. Rockville, Maryland, and member of the Board of Directors cf the National Council of La Rara.■ The 1980 awards went to Minnie Miller Brown of Raleigh, North Carolina for her work as a teacher and MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES CITY OF IOWA CITY, IOWA INDUST-RIAL REVENUE BOND POLICY PROCEDURES & APPLICATION FORM Pupaked October., 1980 ao 7s JORM MICROLAB _i Bbl•+ �Mlhl iill ?�OIUf' 1 INDUSTRIAL REVENUE BOND POLICY, PROCEDURES & APPLICATION FORM TABLE OF CONTENTS Page Policy . . . . . . . . . . . 1 Procedures . . . . . . . . . . . 4 Urban Renewal Map . . . . . . . . , 6 Urban Renewal Plan (1979) Objectives . . . . . . . . . . . 7 Application . . . . . . . . . . . 9 Exhibit Forms . . . . . . . . . . . 18 i i J ,j :.i 1 INDUSTRIAL REVENUE BOND POLICY, PROCEDURES & APPLICATION FORM TABLE OF CONTENTS ao 75 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES Page Policy . . . . . . . . . . . 1 Procedures . . . . . . . . . . . 4 Urban Renewal Map . . . . . . . . , 6 Urban Renewal Plan (1979) Objectives . . . . . . . . . . . 7 Application . . . . . . . . . . . 9 Exhibit Forms . . . . . . . . . . . 18 ao 75 MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES 1 INDUSTRIAL REVENUE BOND POLICY AND PROCEDURES FOR THE CITY OF IOWA CITY, IOWA I. POLICY A. INTRODUCTION Chapter 419 of the Iowa Code grants authority to incorporated cities to issue Industrial Revenue Bonds (IRBs) for certain private enterprise projects (Section 419.1(2)). The Iowa Urban Revitaliza- tion Act of 1979 has amended Chapter 419 to allow for the issuance of IRBs for commercial and residential projects located within locally designated urban renewal or urban revitalization areas. All IRBs issued pursuant to Chapter 419 are limited obligations of the municipality, with the principal of and interest on such bonds payable solely out of the revenues derived from the project (Section 419.3). B. INTENT The intent of this policy is to provide an organized and consistent approach to, and mechanism for, the evaluation and processing of Industrial Revenue Bond requests. This policy statement will provide to potentially interested persons an outline of how an IRB request would be considered by the City Council. It should be emphasized that the intent of this policy is to assure that each IRB issue is in the best interests of the City, and will assist in the implementation of private projects which will improve and enhance Iowa City. The City is in no way obligated to issue an IRB upon an applicants request, but will evaluate each application based on the criteria set forth herein. C. LEGAL COMPLIANCE All procedures leading to the issuance of an IRB, as well as the applicant's utilization of the proceeds from any IRB issue, shall be in compliance with applicable federal, state, and local laws, and the policies and requirements as are contained herein. The responsibility for compliance shall in all cases rest with the applicant. The only covenant or warranty which the municipality shall be required to make in connection with the proposed IRB issuance, either to the applicant or to any other interested party, is that said municipality is a corporation or political subdivision of the State of Iowa, organized and existing under the laws of said State. D. APPLICANT'S RESPONSIBILITIES Except as hereinafter provided, and except as required by law, it shall be the applicant's responsibility to provide all necessary documents, forms, and related materials, and to advise the City and other parties of all required actions. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES ao75 E. 1. Consistent with state law, the City will consider issuance of IRBs for a project permitted by the Urban Revitalization Act only if said project is located within the City's Urban Renewal Project Area (see Exhibit A) or within such urban revitalization areas as the City may hereinafter designate, pursuant to Chapter 419. Projects in this area requesting IRBs should fulfill the goals and objectives as contained in the Urban Renewal Plan (1979) (See Exhibit B). 2. All projects permitted by the Urban Revitalization Act and located within the City's Urban Renewal Project Area or within such urban revitalization areas as the City may hereafter designate, will be subject to design review by the Design Review Committee, pursuant to Resolution No. 74-48, and shall be subject to design review and approval by the City Council. With respect to projects located on or adjacent to City Plaza, the design review procedures described in Ordinance No. 78-2894 (Section 8(c)) shall apply. 3. IRBs issued by the City shall be used to leverage new commitments to downtown redevelopment. 4. FINANCING CRITERIA The City urges that applicants, prior to application, make a substantial good faith effort to obtain conventional financing upon such reasonable terms and conditions as prevail in the marketplace at the time. However, applicants may choose to apply for IRBs without first seeking conventional financing, but the burden shall be on the applicant to establish that its proposed project serves the public purposes described below. The Staff Evaluation Committee (described below) shall review such requests to waive the conventional financing requirement and offer a recommendation thereon to the City Council. The City Council shall have sole discretion to approve or reject such requests for waiver of the conventional financing requirement. 5. PUBLIC PURPOSES TO BE SERVED THROUGH ISSUANCE OF IRE'S The City will consider and evaluate applications for IRBs on the basis of the following criteria: a. The extent to which the proposed project will create new, or preserve existing, employment opportunities within the community. b. The extent to which the proposed project with INS will increase the City's tax base compared to the extent to which the proposed project without IRBs will increase the City's tax base. 2 0` x 7S 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES C. The extent to which the proposed project will enhance and strengthen the downtown as the multi-purpose center for Iowa City and the surrounding area. d. The extent to which the proposed project will upgrade deteriorated or deteriorating structures, improve site accessibility and usefulness, and otherwise provide for the public health, safety and welfare as'detailed in the Urban Revitalization Act (1979). e., The extent to which the proposed project will allow for preservation and restoration of buildings of historical or I architectural significance. 6. Furthermore, the total aggregate amount of IRBs outstanding at any one time shall not exceed, for commercial and residential projects in the urban renewal/urban revitalization areas, 5% of the total assessed valuation of Iowa City. F. POLICIES APPLICABLE TO INDUSTRIAL PROJECTS To be added at a later date. 3 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ;LO 75' I' 1 { t� is ..;1 { is r'. I1. PROCEDURES Requirements I. It is in the public interest that the issuance of IRBs be made only after the City has been fully informed concerning the applicant and its current status and future plans; the protection of the City's interests requires thorough investigation of any request for IRBs. 2. The applicant will be required to submit certain information and assume the cost of the City's review and issuance of the INS. I 3. Matters of confidentiality for public disclosure, relating to the applicant or his business, shall be honored to the extent that such information withheld is not required as a matter of law, as determined by the City's legal counsel. 4. If the applicant retains its own legal counsel to prepare Council proceedings and.legal documents, all such proceedings and documents must be reviewed and approved by the City's bond counsel. 5. The applicant must not incur any project costs other than those authorized by the Internal Revenue Code prior to the preliminary approval (Memorandum of Agreement) being authorized by the City Council. 6. The City Council reserves the right to deny any application for financing at any state of the proceedings prior to adopting the final resolution authorizing the issuance of the bonds. 7. All applications and supporting materials and documents shall remain the property of the City. 8, The applicant shall adhere to the following procedures in submitting . a request and application to the City for the issuance of IRB Bonds. Application and Review Procedures 1. Any person or firm desiring to request that the City of Iowa City issue INS shall first secure from the City Manager or the Director of Finance a copy of the City's Industrial Revenue Bond Policy and Procedures. 2. A written request accompanied by the application form, the required I supplemental information and a non-refundable deposit shall be submitted to the office of the City Manager. The amount of the I deposit will be defined by the Director of Finance based upon an j estimate of the City's costs associated with an Industrial Revenue Bond issue, The applicant shall agree to reimburse the City for all I 1 expenses which exceed the deposit amount and which result from the review and evaluation of the request including but not limited to administration, legal counsel, consulting costs, printing, publication costs and all other incidental costs or fees. 4 , MICROFILMED BY JORM MICR+LA6 y CEDAR RAPIDS • DES MOINES , 1 I 3. Following the receipt of the written request, the application form, the supplemental information and the deposit, the City Manager will notify the City Council of the request and will appoint a Staff Evaluation Committee to review the project. In those instances when circumstances dictate review which requires expertise beyond that of the Committee, the proposal will be submitted to an independent consultant hired by the City. Before this expense is incurred, the applicant shall be notified and given an opportunity to withdraw its application. 4. The Staff Evaluation Committee shall prepare a recommendation on the advisability of the issuance of IRES to be presented to the City Council at its next regularly scheduled meeting following completion of the Committee's review. This review should be completed within 30 days from the receipt of the request unless the applicant is otherwise notified. The Council will not take formal action on the request until the review has been completed. 5. The City Council will then take preliminary action to approve or deny the applicant's request to issue bonds. If such preliminary approval is granted, the Memorandum of Agreement will be executed. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documents must have been reviewed and approved by the City's bond counsel and then received by the Director of Finance seven days prior to the Council meeting in order to be included on the agenda of that meeting. Any proceedings or documents received late will not be added to the'Council Agenda. 6. The applicant should then request that the City Council schedule a Public Hearing on the proposal to issue the bonds. The Public Hearing provides the opportunity for any member of the public to speak for or against the bond issue. 7. After the public hearing the City Council will then vote on a resolution to determine whether or not to proceed with the issuance and sale of the bonds. If such approval is received, the applicant may then proceed with the preparation of final documents. I 8. The City will review all final documents and if the terms are mutually agreeable, the City Council will authorize final approval of the terms, execution and delivery of the bonds. if 5 MICROFILMED BY JORM MICR#LAB 6 r CEDAR RAPIDS • DES MOINES i .. ao75 L. I 3. Following the receipt of the written request, the application form, the supplemental information and the deposit, the City Manager will notify the City Council of the request and will appoint a Staff Evaluation Committee to review the project. In those instances when circumstances dictate review which requires expertise beyond that of the Committee, the proposal will be submitted to an independent consultant hired by the City. Before this expense is incurred, the applicant shall be notified and given an opportunity to withdraw its application. 4. The Staff Evaluation Committee shall prepare a recommendation on the advisability of the issuance of IRES to be presented to the City Council at its next regularly scheduled meeting following completion of the Committee's review. This review should be completed within 30 days from the receipt of the request unless the applicant is otherwise notified. The Council will not take formal action on the request until the review has been completed. 5. The City Council will then take preliminary action to approve or deny the applicant's request to issue bonds. If such preliminary approval is granted, the Memorandum of Agreement will be executed. If the applicant retains its own legal counsel to prepare Council proceedings and legal documents, all such proceedings and documents must have been reviewed and approved by the City's bond counsel and then received by the Director of Finance seven days prior to the Council meeting in order to be included on the agenda of that meeting. Any proceedings or documents received late will not be added to the'Council Agenda. 6. The applicant should then request that the City Council schedule a Public Hearing on the proposal to issue the bonds. The Public Hearing provides the opportunity for any member of the public to speak for or against the bond issue. 7. After the public hearing the City Council will then vote on a resolution to determine whether or not to proceed with the issuance and sale of the bonds. If such approval is received, the applicant may then proceed with the preparation of final documents. I 8. The City will review all final documents and if the terms are mutually agreeable, the City Council will authorize final approval of the terms, execution and delivery of the bonds. if 5 MICROFILMED BY JORM MICR#LAB 6 r CEDAR RAPIDS • DES MOINES i .. ao75 L. PROJECT AREA MAP INGTON ST COLLEGE IST Y I � D v_ BURLINGTON ST OZ T CA No -4 0i L 1 COURT ST LEGEND ori PROJECT BOUNDARY PARCEL BOUNDARY OO BLOCK NUMBER m x Q University D 84 z Old Z C Z Capitol —4p New N 0 Center Z H% e m IbrWY -r CA Barber �C Ilege 6 -- 83--- B ock B ` Hotel Library Parking Parking Pentacrestto Garden , , St Apts B2 MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES CXIIlA1T A Urban Renewal Plan (1979) Ob. tives To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financinl, administrative, governmental, educational, and cultural center of the area. C. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter- relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient, and attractive public and private vehicular access to central Iowa City. g. ' To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, tnulsit and service vehicles. h. To encourage coordinated development of parcels and structures in otder to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minirmsn conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. 7 MICROFILMED BY JORM MICR+LAB G CEDAR RAPIDS • DES MOINES 1: is rw M. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an envirolunent which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or i historic significance. I 8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1, f� I r; is rw M. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an envirolunent which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or i historic significance. I 8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1, f� I r; ` p yt rw M. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. n. To provide an envirolunent which improves the attrac- tiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural or i historic significance. I 8 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1, f� I r; ` p f� ` yt APPLICATION FOR INDUSTRIAL REVENUE BOND FINANCING IOWA CITY, IOWA Note: Three complete copies of this application form and all attachments must be submitted. I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES j I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i III. Reason for IRB Application/How will IRB financing enhance your project? I r IV. Information about Management (List the name of all owners, officers, g directors, and/or partners. Provide the percent of ownership and the annual compensation.): Name and Title of Ownership Address. Name and Title of Ownership x• Address Name and T tle of Ownership Address Name and Title of Ownership Address I 1 V. Project Cost and Funding: � Complete and attach Exhibit A. VI. Attachments to be Provided (Blank exhibit forms should be utilized): 1. Exhibit B, Personal History Statement - one must be submitted for each stockholder (20% or greater ownership), partners, officer and owner. 2. Exhibit C, Personal Financial Statement - one must be submitted for each stockholder (20% or greater ownership), partner, proprietor and guarantor. f I . i ,. 10 ao 7.5 a MICROFILMED BY JORM MICR+LAE) ` y CEDAR RAPIDS • DES MOINES i 1 ri 3. Exhibit D, Financial Information - financial statements for the past three years, statements which are no older than 90 days for the current year, and earning projections for at least one year. 4. Exhibit E, Listing of outstanding contracts, notes and mortgages payable. 5. Exhibit F, Brief history of business. 6. Exhibit G, Description of educational, technical and business background for all people involved in ownership or management of the business. 7. Exhibit H, Listing of co-signers and/or guarantors for the bonds. 8. Exhibit I, Listing of equipment or fixtures to be purchased with bond proceeds. 9. Exhibit J, Summary of collateral. 10. Exhibit K, Supplemental information. VII. Proposed Project Information: 1. Brief description of products/services to be produced. 2. Does a need for this service or product exist within Iowa City?' 3. Will this product compete with other local businesses? 4. Explain how this facility will attract other related industries. 5. Number of local employees currently employed at local business (if business exists at this time) on a full-time and part-time basis: I � i a..n MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES ;20 75 m I I r� Li I rI f 1 ri 3. Exhibit D, Financial Information - financial statements for the past three years, statements which are no older than 90 days for the current year, and earning projections for at least one year. 4. Exhibit E, Listing of outstanding contracts, notes and mortgages payable. 5. Exhibit F, Brief history of business. 6. Exhibit G, Description of educational, technical and business background for all people involved in ownership or management of the business. 7. Exhibit H, Listing of co-signers and/or guarantors for the bonds. 8. Exhibit I, Listing of equipment or fixtures to be purchased with bond proceeds. 9. Exhibit J, Summary of collateral. 10. Exhibit K, Supplemental information. VII. Proposed Project Information: 1. Brief description of products/services to be produced. 2. Does a need for this service or product exist within Iowa City?' 3. Will this product compete with other local businesses? 4. Explain how this facility will attract other related industries. 5. Number of local employees currently employed at local business (if business exists at this time) on a full-time and part-time basis: I � i a..n MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES ;20 75 m I I Li �i 6. Number of new jobs to be created on full-time and part-time basis: i 7. Number of management level employees at Iowa City location: 8r Skill type and salary levels of jobs created and/or retained by this project: 9• Will new,jobs be on a seasonal or on an annual basis? 10. Number of people expected to reside in project: Iowa City as a result of a. Number of people moving to Iowa City. b• Number of people already living in Iowa City. 11. a. Current payroll if already located in Iowa City (monthly/annual): b• Projected payroll (monthly/annual): 12 I ao 75 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r \\ 6. Number of new jobs to be created on full-time and part-time basis: i 7. Number of management level employees at Iowa City location: 8r Skill type and salary levels of jobs created and/or retained by this project: 9• Will new,jobs be on a seasonal or on an annual basis? 10. Number of people expected to reside in project: Iowa City as a result of a. Number of people moving to Iowa City. b• Number of people already living in Iowa City. 11. a. Current payroll if already located in Iowa City (monthly/annual): b• Projected payroll (monthly/annual): 12 I ao 75 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i I i. ;i j' I i /\ 12. Number of plant relocations since 1955 (give reasons why relocation occurred): 13. Location of other facilities currently operated by applicant: 14. Location of headquarters of applicant (address, phone number, and contact person): VIII. Environmental Factors: 1. Exact location of proposed project (plat, map or diagram) " 2. Size of project facilities (sq. ft.) 3. Amount of land required (acreage) r ,I i4. Compliance with existing zoning 1 5. Pollution criteria: a. Water 1. Project requirements (gallons per day) 13 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,;:)b 7ic' r /\ 12. Number of plant relocations since 1955 (give reasons why relocation occurred): 13. Location of other facilities currently operated by applicant: 14. Location of headquarters of applicant (address, phone number, and contact person): VIII. Environmental Factors: 1. Exact location of proposed project (plat, map or diagram) " 2. Size of project facilities (sq. ft.) 3. Amount of land required (acreage) r ,I i4. Compliance with existing zoning 1 5. Pollution criteria: a. Water 1. Project requirements (gallons per day) 13 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,;:)b 7ic' r w SrQ 2. Use of water (heating, for product use, etc.) 3. Flowage rates (hourly, daily, seasonal, annual) 4. Water line requirements for fire protection 5. New and/or enlarged lines required from existing mains b. Sewerage 1. Compliance with Clean Water Act 2. Effluent constituents (type and amount) 3. Toxic or hazardous wastes (as defined by EPA) 4. On-site pre-treatment necessary? 14 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 2. Use of water (heating, for product use, etc.) 3. Flowage rates (hourly, daily, seasonal, annual) 4. Water line requirements for fire protection 5. New and/or enlarged lines required from existing mains b. Sewerage 1. Compliance with Clean Water Act 2. Effluent constituents (type and amount) 3. Toxic or hazardous wastes (as defined by EPA) 4. On-site pre-treatment necessary? 14 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 5. Final treatment -- on-site or muniicpal treatment? I 6. New and/or enlarged lines required from existing mains? Air 1. Compliance with Clean Air Act 2. Impact on State Implementation Plan (SIP) 3. Air pollution constiuents (types and amounts) 4. Odor(s) i I I 1 5. Visual impact (smoke plume, haze, fog, water vapour, etc.) Noise 1. Noise compliance with Noise Control Act 15 I MICROFILMED BY JORM MICR+LAID - CEDAR RAPIDS • DES MOINES 1 P 3 e. Other r) Change in noise and vibration levels Impact on neary-by properties (can be shown diagram- matically using frequency and temporal distribution, and magnitude) 1. Compliance with Stormwater Management Ordinance 2. Visual appearance of plant and landscaping 3. Impact on fragile area(s) (e.g. headwaters area) IX. Community Service Factors: I. Ability of existing trafficways to carry additional traffic load. Projected number of vehicles due to: a. Workers 16 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES 1401NES Q,0 75 P 3 e. Other r) Change in noise and vibration levels Impact on neary-by properties (can be shown diagram- matically using frequency and temporal distribution, and magnitude) 1. Compliance with Stormwater Management Ordinance 2. Visual appearance of plant and landscaping 3. Impact on fragile area(s) (e.g. headwaters area) IX. Community Service Factors: I. Ability of existing trafficways to carry additional traffic load. Projected number of vehicles due to: a. Workers 16 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES 1401NES Q,0 75 b. Manufacturing process C. Other transportation modes to be used by facility (rail, air) i 3. Would this facility's employees use public transit? 4. Utilities (other than water and sewerage) a. Natural gas >' b. Electricity (detail load requirements) C. Use of alternative energy sources (solar, co -generation, etc.) Additional application and exhibit forms are available from the Director of Finance or the City Manager, Iowa City, Iowa. 11 ad 7S i MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES M i b. Manufacturing process C. Other transportation modes to be used by facility (rail, air) i 3. Would this facility's employees use public transit? 4. Utilities (other than water and sewerage) a. Natural gas >' b. Electricity (detail load requirements) C. Use of alternative energy sources (solar, co -generation, etc.) Additional application and exhibit forms are available from the Director of Finance or the City Manager, Iowa City, Iowa. 11 ad 7S i MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES M f°JHIBIT A \ ESTIMATED PROJECT COSTS AND SOURCES OF FUNDING 1. COST: Land . . . . . . . . $ Building: _New __Purchase _Renovate . Machinery & Equipment . . . . , • . Leasehold Improvements . . . . . . . Engineering . • . ' • • Legal & Underwriting . . . . . . . , Other: TOTAL COST $ 2. FUNDING: Industrial Revenue Bonds $ Other: TOTAL FUNDING $ ,i t� NOTE: TOTAL COST AND TOTAL FUNDING MUST BE EQUAL. 3• HAVE YOU APPLIED FOR CONVENTIONAL FINANCING FOR THIS PROJECT? TITLE DATE 18 MICROFILMED BY JORM MICR#LA9 - CEDAR RAPIDS • DES MOINES STATEMENT OF PERSONAL HISTORY "1 EXHIBIT B PLEASE READ CAREFULLY - PRINT OR TYPE eme and Address of ApOhcant(Fi(m Name) This form must be filled out and submitted (Street- City, Stele and ZIP Code) as follows: 1, If a sole proprietorship. by the proprietor: 2. If a partnership, by each partner; 0. If a corporation or a development company, by tech officer, director, and additionally. by each holder of 20% or more of the voting stock; 4. Any other person, including a hired manager, who has authority to speak for and commit the borrower in the management of the business. 1. Personal Statement of: (State name In lull, If no middle name, dale 2• Bete of Binh: (Month, day and year) (NMN). or If Initial only, Indicate Initial). List all former names used. and dates each name wee used. Use separate sheet If necessary. 3. Place of Blnh: (City a Stela Of Foralgn Country) First Middle Lost U.S. CII1asn7 Q vs. [j no 4. Percentage of ownership pr stock owned. - octal Security No. i 5. Present residence address CIN State From To. Address Nana Telephone No. (Include A/CI Business Telephone No. tinclude A/C) Imm*diata Put residence address From To Address i FURE TO ANSWER THE NEXT 6 QUESTIONS CORRECTLY BECAUSE THEY ARE IMPORTANT. FACT THAT YOU HAVE AN ARREST OR CONVICTION RECORD WILL NOT NECESSARILY DISQUALIFY YOU. AN INCORRECT ANSWER WILL PROBABLY CAUSE YOUR APPLICATION TO BE TURNED DOWN. d. Are you Presently under indictment• ones(ole of probation? �I ❑ yes ❑ No If yes, furnish details in a separate exhibit. List name(,) under which hold. If apPlicablo. 7. Have you ever been charged with or arrested for any criminal offense other than a minor motor vehicle violation? ❑ Yes ❑ No If yes, furnish details In s separate exhibit. List narrate) under which charged, If applicable. B. Have you over been convicted of any criminal offense other than a minor motor vehicle vlolallon7 I ❑ Yea ❑ Ho It yes, furnish detalla.In a separate exhibit. List name(@) undo( which convicted, If applicable. 9. Have you ever been involved In bankruptcy or Insolvency proceedings? Yes ❑Ib 1/ yes, furnish details In s separate exMUlt. 10. Have you or your business ever defaulted on my bond or aortM9e comwitwntT Yes 13 he If yl). furnish details In a separate exhibit. 11. Are you or your business Involved In any pendlnq lawsuits? 11 Yes OND If yes, furnish details In a separate exhibit. 'j This InforrHon on this fore will b. vaM In connection with an Invettf should be attached. gallon of your character. My Inforeatlnn you wish to submit, that you feel will expedl to this Investigation SIGNATURE TITLE DATE _ i 19 ao7� MICROFILMED BY JORM MICR+LAB E `5 CEDAR RAPIDS a DES MOINES I. r i PERSONAL FINANCIAL STATEMENT Name and Add.. Including Including Zip Code submitting Statement) (r SOCIAL As of EXHIBIT C, PAGE I If person and spouse i Plug answer ■II gwstlon. min� "No" or ,•mono" Where ASSETS Cash on Hand & In Banks ... . Savings Account In Banks . • • • f— U. S. Government Bonds..... - Accounts & Notes Receivable , Life Insurance -Cash Surrender Value poly , - Other Stocks and Bonds (Describe • reverse side - Sact/on J) Real Estate.... , (Describe -reverse side -Act/on d), . , • . Automobile • P, sent Value Other Panonai property... ro art • . - D y...... (Describe • reverse side •Sect/on S) .,,... Other Assets .. , , ................. (Describe - reverse side - Section 6) _ Total .......... .... f Section 1. Source of Income _I (Describe It= all items :come In this Sect Salary....' ........ . Net Investment Income..... • • • • f Real Estate Income... . . . . . . . . . . • Other Income (Descrl6e . . . . . - )............ . ... . j Description of Items listed In Section I i LIABILITIES .1^ ccounts Payable....... Noes Peyahle to Banks ..... t (Describe below - ' ' Section 2J Notes payable to Others .............. . (Describe below - Section 2) Installment Account (Auto) ............. Monthly Payments 6�— Installment Accounts (Oche•)•.... , s , , , , • Monthly Payments f Loans on Life Insurance , Mortgages on Real Estate , , . . . . . . . . . . (Descrl6e - reverse side -Section's/. , . • . •. )npald Taxes..... . (Describe - reverse side - Section 7) Ither Llabllltles. , , , (Describe - reverse side - Section e) otal Liabilities....... , at Worth ........................_ . Total ............... f _ CONTINGENT LIABILITIES Endorser or Co -Maker .. , , tel Claims and Judgments .f ........... , _ ,vision for Federal Income Tax err Spacial Debt .. .............. . Llfe Insurance Held (Give face amount of Dollelu •— name of company and boneflclarlas) r SUPPLEMEN• Section 2, Notes payable to Banka and Other. Nmna'and Add,... -t Amount nl Loan 20 Twin%of I Matuilly MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Ilan• I ndm s.d, tsgarsm..d ao 7s n EXHIBIT C, PAGE 2 Section ]. Other Stocks and Bonds: Give listed and unlisted Stacks and Bonds (Use separate sheet N aryl M din Value Statement Data MSharesN,,,1 of Secutitle' Cost Quotation Amount Section �. Mal Estate Owned. (Liu each parcel separately. Use supplemental sheets If necessary. Each sheet must be Identified e a itle Insurance, abstract at title, or both). supplement to this statement and signed). (Also advise whether property Is covered by t Title Is in name of Type of properly Address of property (City and State) Original Cost to (me) (us) S Date Purchased Present Market Value S Tax Assessment Value S Name and Address of Holder of Mortgage (City and State) Date of Mortga{s Original Amount S Balance S Maturity Terms of Payment Status of Matpss. Le., cwrent or dsllrtqusnt. If dailnquent ducriM daiingwncles clan Dtlser hraeeal prewy. (oecrlbe and or env Is mortdepd, eau name and addee of ~8080 held& and amount M mart/a/e terms of /avmens end If delinquent. describe delinquency.) Section d. Oliver Arrau. (Describe) featian 7. U aid Texas. (Describe In detail, typo. to whom payable, when due, amount, end what, I(anY, proMnY a toe Ilan, I( � es to env, attacbee) faction /.odor Liabllitlea. (Describe In detail Is a true end accurate statement at (my) a (our) flnaneN (1) or (We) certify the above and the /teuments contained In theechodulas herein condition as of the date stated herein. TITLE DATE 21 -°� in % 5� �Iw f i r .+ MICROFILMED BY JORM MICR+LAB ti i CEDAR RAPIDS • DES MOINES t� { j it i' I I TITLE DATE 21 -°� in % 5� �Iw f i r .+ MICROFILMED BY JORM MICR+LAB ti i CEDAR RAPIDS • DES MOINES t� EXHIBIT C, PAGE 3 Section e. Real Estate Owned. (List each Parcel separately. Use snpplememal shuts It neasescry. Each shpt must be identified as a supplement to this statement and signed). (Also advises whether property It coveted by this insurance, abstract of title, or both). Title Is In name of Type of property Address of propory (City and Stat,) Original Coat to (me) (us) 3 Cate Purchased Present Market Value 3 Tax Assessment Value It Name and Address of Molder of Mortgage (City and State) Oats of Mprtpga Original Amount 3 Balance f Maturity Tums of Payment tatue of Mutgaga, I.e.. current or delinquent. If dellrpuont describe dallnauencles SutIM e. _ Rae, Bora OwnN. (List each parcel seserauly. Use supplamantal sheets I/ nedsesafy. Each shut must be Identified as a upplemant to this stasement and alined). (Ado advises whether prapeRy Is covered by title insurance, abstract of title, or ban). Title Is In name of Type of property teAS of Property (City ane State) Oripnal Cost to (me) (us) 3 Oats Purchased Present Market Value f Tax Assessment Value 3 Name and Address of Molder of Mortgaga (City and State) Ogle of Mortgage Original Amount S Balance S Maturity Tams of Payment Status of Mortgsle, i.e., Currant a delinquent. If delinquent describe delinauenciu Sudan 4,! tutees Owned. (List each Parcel separately. Use supplemental shuts If necessary. Each shut must be Identified as a uMlenset to rots stalemate and elgau). (Alto agvlset whether prooerty It Covered by title Insurance, abstract of title, of bah). Title Is In name of Type of Property Address of praoerty (City arta Sesta) Orlpasl Cost to (me) (us) f Ossa Purchased Present Market Value S Tax Assessment Value 3 Name and Addrau of Molder of Mortgage (City and State) • Oat* o/ Mortgage Original Amount S Balance %- ---maturity Tums of Payment Status of Maness., i.e.. current u dallnqucnt. If dsllnqusnt describe delinquencies I _ 22 r MICROFILMED BY f JORM MIC R+LAE3 A f CEDAR RAPIDS a DES 14OINES I' r, I. ■ 1 l EXHIBIT C, PAGE 3 Section e. Real Estate Owned. (List each Parcel separately. Use snpplememal shuts It neasescry. Each shpt must be identified as a supplement to this statement and signed). (Also advises whether property It coveted by this insurance, abstract of title, or both). Title Is In name of Type of property Address of propory (City and Stat,) Original Coat to (me) (us) 3 Cate Purchased Present Market Value 3 Tax Assessment Value It Name and Address of Molder of Mortgage (City and State) Oats of Mprtpga Original Amount 3 Balance f Maturity Tums of Payment tatue of Mutgaga, I.e.. current or delinquent. If dellrpuont describe dallnauencles SutIM e. _ Rae, Bora OwnN. (List each parcel seserauly. Use supplamantal sheets I/ nedsesafy. Each shut must be Identified as a upplemant to this stasement and alined). (Ado advises whether prapeRy Is covered by title insurance, abstract of title, or ban). Title Is In name of Type of property teAS of Property (City ane State) Oripnal Cost to (me) (us) 3 Oats Purchased Present Market Value f Tax Assessment Value 3 Name and Address of Molder of Mortgaga (City and State) Ogle of Mortgage Original Amount S Balance S Maturity Tams of Payment Status of Mortgsle, i.e., Currant a delinquent. If delinquent describe delinauenciu Sudan 4,! tutees Owned. (List each Parcel separately. Use supplemental shuts If necessary. Each shut must be Identified as a uMlenset to rots stalemate and elgau). (Alto agvlset whether prooerty It Covered by title Insurance, abstract of title, of bah). Title Is In name of Type of Property Address of praoerty (City arta Sesta) Orlpasl Cost to (me) (us) f Ossa Purchased Present Market Value S Tax Assessment Value 3 Name and Addrau of Molder of Mortgage (City and State) • Oat* o/ Mortgage Original Amount S Balance %- ---maturity Tums of Payment Status of Maness., i.e.. current u dallnqucnt. If dsllnqusnt describe delinquencies I _ 22 r MICROFILMED BY f JORM MIC R+LAE3 A f CEDAR RAPIDS a DES 14OINES I' r, I. ■ 1 FINANCIAL INFORMATION n LXH1611 U, PAUL I This is the most important t.rt of your TW-aoDlication. A,� financial data must be prepared in accordance with generally ACCfpted accounting principles. Incomplete or inaccurate financial statements may result in the entire application being returned without action. Please read the following instructions carefully. You must comply with one of the two paragraphs below: 1. IF YOU ARE APPLYING AS AN EXISTING BUSINESS: A. Attach hereto financial statements consisting of a balance sheet AND a profit and loss statement for the past three fiscal years or since the start of the business, whichever is less. B. Attach hereto a balance sheet AND a profit and loss statement no older than 90 days from date of filing application. C. Reconciliation of Net Worth: 19 19 Current Year to Date Beginning Surplus or Net Worth . . Profit or Loss . , . . , , . , , Dividends . . . . . . . . . . . . . Withdrawals , , , . . . . . , . . Paid In , , , , , . Revaluation of Assets , . . . . Other Additions (Explain) . . . . . Other Charges (Explain) , , , . Ending D. Note: Aging Accounts receivable and Under 30 days accounts payable must 30-59 days reconcile with current 60-89 days balance sheet to be 90-119 days provided with Application.120 days 6 over Uncollectible Totals Accounts Receivable Accounts Payable NOTE: (a) All of the above financial statements MUST be signed and dated by the owner, a partner or an officer of the business. (b) If financial statements are not available for prior years, or are inadequately prepared, copies of the business Federal Income Tax returns may be substituted. (c) All personally owned assets and liabilities such as home, household goods and so forth should not be included on the business financial statements. (d) If past earnings do not show the ability to repay the loan proposed and existing obligations, attach a projection of earnings. 2. IF YOU ARE APPLYING FOR IRBIS TO START A NEW BUSINESS OR BUY AN EXISTING BUSINESS: A. A detailed projection of earnings must be attached hereto. B. State below the reason the present owner (seller) is selling his business: C. Attach copies of the Seller's profit and loss statement for the past three ycarc. D. Attach hereto a copy of the Purchase Agreement. SIGNATURE TITLE 23 MICROFILMED BY G. JORM MIC R+L AB . CEDAR RAPIDS • DES MOINES DATE 0�0 %Jr i I i `t ' FINANCIAL INFORMATION n LXH1611 U, PAUL I This is the most important t.rt of your TW-aoDlication. A,� financial data must be prepared in accordance with generally ACCfpted accounting principles. Incomplete or inaccurate financial statements may result in the entire application being returned without action. Please read the following instructions carefully. You must comply with one of the two paragraphs below: 1. IF YOU ARE APPLYING AS AN EXISTING BUSINESS: A. Attach hereto financial statements consisting of a balance sheet AND a profit and loss statement for the past three fiscal years or since the start of the business, whichever is less. B. Attach hereto a balance sheet AND a profit and loss statement no older than 90 days from date of filing application. C. Reconciliation of Net Worth: 19 19 Current Year to Date Beginning Surplus or Net Worth . . Profit or Loss . , . . , , . , , Dividends . . . . . . . . . . . . . Withdrawals , , , . . . . . , . . Paid In , , , , , . Revaluation of Assets , . . . . Other Additions (Explain) . . . . . Other Charges (Explain) , , , . Ending D. Note: Aging Accounts receivable and Under 30 days accounts payable must 30-59 days reconcile with current 60-89 days balance sheet to be 90-119 days provided with Application.120 days 6 over Uncollectible Totals Accounts Receivable Accounts Payable NOTE: (a) All of the above financial statements MUST be signed and dated by the owner, a partner or an officer of the business. (b) If financial statements are not available for prior years, or are inadequately prepared, copies of the business Federal Income Tax returns may be substituted. (c) All personally owned assets and liabilities such as home, household goods and so forth should not be included on the business financial statements. (d) If past earnings do not show the ability to repay the loan proposed and existing obligations, attach a projection of earnings. 2. IF YOU ARE APPLYING FOR IRBIS TO START A NEW BUSINESS OR BUY AN EXISTING BUSINESS: A. A detailed projection of earnings must be attached hereto. B. State below the reason the present owner (seller) is selling his business: C. Attach copies of the Seller's profit and loss statement for the past three ycarc. D. Attach hereto a copy of the Purchase Agreement. SIGNATURE TITLE 23 MICROFILMED BY G. JORM MIC R+L AB . CEDAR RAPIDS • DES MOINES DATE 0�0 %Jr `t ' y. 4 n EXHIBIT D, PAGE 2 PRCUECTIOM Business Name end Address SALES Beginning Inventory S Merchandise Purchased Total Ledo Ending Inventory Cost of Sales CiOSS PROFIT MENSES: Officers, Partners, or Owners salaries Labor Supplies _ A;vertising Travel Depreciation _ Freight and Postage insurance Repense Interest Expense Utilities Accounting and Legal Real 4 Personal Taxes Telephone Repair& i Maintenance Miscellaneous Expense Auto or Truck Expense Rent or Leese Expense TOTAL EXPENSE Operating Profit Other Income Other Expense NET PROFIT (Before Income Taxes) Estimated Income Taxes NET PROFIT SIGNATURE FOR YEAR AMOUNT S TITLE DATE 24 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r s I:. ,a j t EXHIBIT "E": Please list all contracts, notes and mortgages payable and reconcile with figures on Balance Sheet (indicate by an items to be paid from loan proceeds).. DO NOT include personal debt such as home mortgages, doctor bills, personal auto loans and so forth. Include only debt owed by the business. DO NOT include Trade Accounts Payable below, only notes and contracts which constitute a fixed obligation of the business should be itemized. TO WHOM PAYABLE ORIGINAL AMOUNT ORIGINAL DATE PRESENT BALANCE RATE OF INTEREST MATURITY MONTHLY PAYMENT COLLATERAL SECURING LOAN EXHIBIT "F": EXHIBIT "G": +�. . Brief History of Business: Provide below a brief description of the educational,technical and business background for all the people involved in the ownership or management of the business: Name: Title: Management and Educational Experience: Name: Title: Management and Educational Experience: _ MICROFILMED BY $ JORM MICR+LAB fl. • CEDAR RAPIDS • DES MOINES C e1 EXHIBITS, H, I, J EXHIBIT "H": Please list below the names of any co-signers and/or guarantors for the bonds. Yourself? Your spouse? Partners, officers, directors? Others? Name Address Name Address Name Address A personal financial statement must be attached hereto for each individual listed above. EXHIBIT "I": List below all equipment and/or fixtures to be purchased with the bond proceeds: EXHIBIT "J": SUMMARY OF COLLATERAL MODEL AND/OR SERIAL NO.. COST NEW USED B. Inventory C. Accounts Receivable TOTAL D. Machinery & Equipment EXHIBIT "J": SUMMARY OF COLLATERAL SIGNATURE: TITLE: DATE: 26 F ' MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES PRESENT MARKET VALUE COST LESS DEPRECIATION A. Land & Building B. Inventory C. Accounts Receivable D. Machinery & Equipment E. Furniture & Fixtures F. Other TOTAL COLLATERAL SIGNATURE: TITLE: DATE: 26 F ' MICROFILMED BY JORM MICR+LAB - CEDAR RAPIDS • DES MOINES , EXHIBIT K SUPPLEMENTAL INFORMATION TO BE SUPPLIED BY APPLICANT 1. Does your business have any contingent liabilities? NO If yes, please explain below. Accounts or notes receivable ❑ discounted or sold with endorsement or guarantee should be explained. 2. If business real estate is or will be rented, attach a copy of the lease. available, state below the terms of the existing or proposed lease. If not 3. Bond Purchaser Information: Name: Address: Attach copy of agreement which includes interest rate, maturities, amorization and pre -loan requirements. 4. Bond Reserve Funds, if any (description and amount): 5. Projected closing date for issuance of bonds: 6. Local Attorney: Name: 7. Bond Attorney (if any): Name: SIGNATURE: Address: Address: TITLE: 27 „0;:�;c JORM MICROL49 DATE: ad 7s 1 WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND I4cKel /ol3i HAYEK, HAYEK a HAYEK ATTORNEYS AT LAW AREA CODE 319 110 EAST WASHINGTON STREET 337.9606 IOWA CITY. IOWA 52240 October 27, 1980 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Young rezoning request Mayor and Council Members: OCT 1. 11980 ABBIE STOLFUS, CITY CLERK (3) At the request of Mr. Roberts, I am making the following report to you on the Young rezoning. At your meeting on October 21, 1980, Mr. Roberts and other members of the council asked for a report from the City Attorney's office concerning this matter. I will not try in this letter to relate the entire history of the Young rezoning matter. However, I am at- taching several documents which provide background infor- mation on this matter. These documents include a memorandum from the Assistant City Attorney Woito to the Iowa City Planning and Zoning Commission dated August 4, 1980, along with several exhibits and attachments. The memorandum from Ms. Woito contains an extensive chronology concerning these events. I will not attempt to repeat that chronology here. However, one point should be made about the chronology. Mr. Roberts indicated that he understood that the property was annexed on June 5, 1964, and that the deed to Young was not recorded until June 8, 1964. This is not quite accurate because the property was not annexed until December 1, 1965. The Town of Grines case cited by Ms. Woito in her memorandum makes clear that annexation is not complete until the Court decree approving the same is entered. Although six years ago I submitted a letter to the City Council indicating that the Council was free to follow its own judgment with respect to zoning of this property (see Exhibit T attached to Ms. WCIito'S memorandum), at this time I concur with Ms. Woito's recommendations. Ms. Woito has made an extensive and detailed investigation of this matter and has had the experience of recently litigating the Amerex damage case. The willingness of the Court in that case to award substantial damages against the City causes us to be quite concerned about the potential for liability in the Young case. MICROFILMED BY JORM MICR¢LAE3 CEDAR RAPIDS • DES MOINES 3L 76 N , 1 i y i I i 1 y The Honorable Mayor and City Council Page Two October 27, 1980 One of the questions asked by Mr. Roberts is whether there is any time limit on how long Mr. Young would have to commence his improvements. As Ms. Woito indicates in her memorandum, there is no clear cut answer to that question. Mr. Young purchased the property in May of 1964, after it had been rezoned to R3A zoning. In October of 1964 he obtained a building permit from the county. Remodeling was commenced in 1964. The property was annexed on December 1, 1965. According to Ms. Woito, Mr. Young had to interrupt his construction due to financing problems. Mr. Young recommenced construction in 1972 but was stopped by the City in June of that year. Obviously, there was a substantial delay. However, if the delay was involuntary and if the construction commenced again in 1972, simply was a recom- mencement of the original permitted construction, Ms. Woito's conclusion in which I concur is that that delay would not serve as a grounds for invalidating Mr. Young's claims. Councilmember Neuhauser asked what consequences would follow if the council refused to rezone the property as requested. The council should understand that Ms. Woito and myself would, of course, honor the council's wishes in that regard and would defend the City's interests to the best of our ability in the lawsuit now pending and in any other actions brought by the Youngs. However, the council should understand our concern for subjecting the City to liability for damages if the council does refuse to rezone the property. Ms. Woithas discussed that issue in her memorandum. If there is any further information that you want, please let Ms. Woito or me know. JWH:pl Enclosures cc: 0. C. Trimble Very truly yours, 4 W. Hayek MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES i 0 h C.4bi f r J i City of Iowa C y Date: August 4, 1980 To: Planning and Zoning Commission From: Linda N. Woi to, Assistant City Attorney / Re: Staff Referral for Possible Rezoning of Old Elks Country Club - Youn v. City of Iowa City, Docket No. 43458 I. REZONING REQUEST As you may recall, a large area of land was brought into the City of Iowa City by involuntary annexation in December of 1965, known as the 111964 Annexation." The above -entitled legal action against the City of Iowa City involves a zoning dispute over a portion of that 1964 annexation located south of Interstate 80,and west of North Dubuque. The disputed area is now R1A, is known as the Old Elks Country Club, and is more specifically located west of Taft Speedway. Mr. Jack Young commenced this action in 1976 and is requesting rezoning to allow for completion of a 22 -unit apartment by way of conversion. Four units are now in use as rental apartments. I hereby formally request that you consider rezoning the approximately 1.33 acre tract owned by Jack I. Young to a zone or zones consistent with completion of the 22 units such that the building and land will not be nonconforming. I further request that you forward your recommendations to the City Council for final approval. I also ask that planning staff prepare a report on the possible zone or zones to be applied. This request is being made as a result of a tentative settlement agreement arrived at after lengthy discussions between and among the following: Daniel Boyle, attorney for Plaintiff; Don Schmeiser, Acting Director of Planning and Program Development; Chuck Schmadeke, City Engineer; Doug Boothroy, Senior Planner; and myself, Linda N. Woito, Assistant City Attorney. To this end, I make the following report. II. CONCLUSIONS Based on a review of the facts in the above -entitled case, together with the primary case law in Iowa and other jurisdictions and the major secondary sources, I summarize my conclusions as follows: A. Based on the County zoning R3A, the County building permit and the completion of four of the 22 units, Plaintiff Jack Young enjoyed nonconforming status. on the date of annexation and rezoning - to-wit,'December 1, 1965. B. Nonconforming use and land rights may well be established in connection with property prior to annexation, and this appears to be the case herein. MICRorILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES 2 C. Automatic rezoning upon annexation is contrary to State law and adenial of due process under the 5th and 14th Amendments of the U. S..Constitution. Thus, the "1964 Annexation" and automatic RIA zoning is subject to challenge. D. Plaintiff's nonconforming status is confined to completion of the 21-22 apartment units but clearly does not extend to construction of a new building. E. The current Comprehensive Plan is to be used as a guideline for the orderly growth of an area, not a "strait jacket." Where there is conflict between the Plan and the Zoning Ordinance, the Zoning Ordinance controls where questions of citizens' property rights are at issue. F. The current Comprehensive P, an recognizes that a given property may be zoned to allow an existing use in order to protect property rights where strict conformance with the Plan would outweigh the benefit to the public. III. FACTS I will provide a Chronology of Events for your convenience on Thursday, August 7, 1980. A. Plaintiff's Property - 1964-1971 The land in question is located south of Interstate 80 and west of North Dubuque and is known as the Old Elks Country Club. Our City engineering staff has recently calculated the size of the tract according to a Willis and Powers survey, and find that the parcel is more accurately 1.33 acres, or 58,122 square feet more or less. See "Exhibit K," attached. The tract had previously been described as 111.5 acres." The land in question was zoned under the County provisions as RS in 1960, which allows one dwelling per 20,000 square feet. On February 24, 1964, the County rezoned the parcel to R3A, allowing multiple family dwellings. On or about May 22, 1964 Plaintiff Young purchased the property with plans to convert the building to apartments. Preliminary architect's plans and some materials were obtained during May through July of 1964. On October 23, 1964, Mr. Young obtained a building permit from Johnson County to convert said building to apartments ["Exhibit L"]; and on October 30, 1964, Mr. Young obtained a County building permit for construction of a new apartment house with 36 units ["Exhibit M"]. This latter permit was contingent on obtaining a County sewer permit. The area was not then, nor is it now, sanitary sewered. Rather, the old country club had two MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 7. 1 i "large" septic tanks which are under the jurisdiction of the Johnson County Health Department. We do not at this point know the capacity of the septic tanks. No sewer permit was obtained by Plaintiff prior to the remodeling project, allegedly because the tanks were sufficient. .This, however, is a question for the County, and is separate and apart from the zoning question being presented to you. Remedeling was commenced on the country club building sometime in 1964, and apparently Plaintiff ceased remodeling due to loss of financing. It is unclear, however, precisely when remodeling ceased. Construction on the new 36 -unit apartment building was never commenced. Under the County rules, the second permit would have lapsed in 1965. However, the first permit for remodeling would still be valid when the property was annexed in 1965: As of December 1, 1965, Mr. Young's property was involuntarily annexed into the city by Court decree. By virtue of a then- existing provision of the Iowa City Code, said property was automatically zoned RIA, the most restrictive density classifi- cation requiring 10,000 square feet per unit for construction. It is unclear whether Plaintiff welcomed, opposed or was without knowledge of the annexation. Since he was on the list of property owners to receive notice by mail, we shall presume he was aware of the process. Nonetheless, the combined result of the involuntary annexation and the automatic rezoning was to cause Plaintiff's building and land to become nonconforming. i The ordinary procedures for involuntary annexation were apparently followed by the City, and I have gleaned the following dates and events. - June 5, 1964 First City Council resolution recommending involuntary annexation. - June 19, 1964 Resolution directing publication of notice setting public hearing to consider annexation; hearing set for July 7, 1964. - June 26, 1964 Publication of notice/hearing. - July 7, 1964 Hearing held; both proponents and opponents appeared at regular session of City Council. - September 1, 1964 Resolution setting• election for November 3, 1964. ao�6 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS - DES MOINES / 1 4 - October 10, 1964 Publication of notice setting October 17, 1964 election for citizen approval October 24, 1964 [as required by Section 362.27]. - November 3, 1964 Election. - March 15, 1965 Petition for involuntary annexation filed with District Court, Equity No. 36866. - March -24, 1965 Service of original notice to all affected property owners by first class mail [Jack I. Young on list of owners]. - ° April 26, 1965 Affidavit of proof of mailing original notices. .- ,( December 1, 1965 Annexation by court order. a,,-, The Petition as required by Stat law asserted that the City was capable <o�) of extending "substantial services" to the property to be annexed. See attached "Exhibit D." B. Plaintiff's Property - 1972 to the Present Sometime in 1972, Plaintiff either recommenced or was in the process of completing the remodeling job for the 22 units. On June 14, 1972, a "stop work order" was issued to Plaintiff by Mr. Omer Letts, Housing Inspector, and C. Bruce Hamilton, Building and Zoning Coordinator, and the building was posted as unsafe. [See attached "Exhibit N."] A correction letter was sent on June 21, 1972 but has not been located to date. As of 1972, four apartments were completed, which are now currently in use as rental properties. No further construction has been done to complete the remaining 18 units since 1972. In January of 1974, Judge Schaeffer of the Sixth Judicial District Court ruled in favor of plaintiffs in a zoning dispute over the validity of the automatic R1A zoning provision triggered by annexation. In Amerex Corporation, et al. v. City of Iowa Com, et al., Docket No. 41548, Judge Schaeffer found The R1A zoning to be unconstitutional and hence invalid, and ordered the City to issue a building permit and to rezone the property so that the proposed 108 units would not be nonconforming. The City did not appeal this decision, and on April 16, 1974, John Hayek, City Attorney, advised the City Council of the order to rezone to at least R3A. The Council eventually rezoned the 7.05 acre parcel to R3A. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ao 7G 1 ■ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �W { MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �W I As you may know, a second Amerex case was filed in November 1974 against the City for unreasonable delays in rezoning. The property was actually rezoned by the Council on July 16, 1974, but two Councilmembers were concerned that the R3A zone would permit nearly 300 units rather than the 108 proposed by Amerex. As a result of this concern and against advice of counsel, the City Council voted to refer a portion of the Amerex 7.05 acre tract back to Planning and Zoning for split or hybrid rezoning. This, of course, was an attempt to restrict actual density to the Plaintiffs' proposed 108 units, but nonetheless was a source for continued litigation. I tried this case in August 1979, and Judge Swailes ruled against the City on March 9, 1980 assessing damages in the amount of $93,000 plus interest. Although the City believed the rezoning under court order was accomplished within a reasonable time under the circumstances, the weighty history of the case did not bode well on appeal. I bring this to your attention for historical perspective purposes, since the first Amerex case triggered the so-called mass 1974 rezoning. On Nay 3, 1974, notices were sent to a number of property owners in the northside area whose property was nonconforming by reason of the automatic RIA zoning. I find no such letter to Mr. Young in Zoning File Z-7407. On May 9, 1974, a staff report was �Cepared�ecommending rezoning for several parcels to (reflect actual use) [See attached "Exhibit Q."] On July 30, 1974; t5i Council rezoned 19 of the 21 parcels, Ordinance No, 74-2727. On July 29, 1974, Plaintiff's wife, Miriam Young, together with Attorney Daniel Boyle on behalf of Mr. and Mrs. Young, filed petitions with,the City Clerk for rezoning the Old Elks Country Club property from R1A to R3A in order to ref3ect-existjnq use, These requests were received at the formal City Council meeting on July 30, 1974; and on July 31, 1974, the City Clerk formally referred the matter to Planning and Zoning, as required by State and local law. [See attached "Exhibit R."] On September 11, 1974, Attorney Dan Boyle filed an Amended Petition requesting rezoning to R3. [See attached "Exhibit S."] On September 12, 1974, at a regular meeting of the Planning and Zoning Commission, the Commission adopted the staff recommendation to rezone Plaintiff Young's property to R3, which would permit completion of a total of 21 units. [See attached. "Exhibit P".] This recommendation was apparently forwarded to the City Council, but a formal recommendation has not been located as yet. On November 8, 1974, apparently at the request of the City Council, City Attorney John Hayek sent a letter to the Council MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES V-0 76 i MICROFILMED BY JORM MICR+LAB S 'i CEDAR RAPIDS • DES MOINES 7 6 1 • I as to whether the Amerex I decision would be controlling. [See _T_ regarding attached "Exhibit There is some confusion whether the Young property was considered in the mass rezoning dated between May and July of 1974. As I read the Staff Report Z-7407, Parcel 19 only makesosp sible May 9, 1974 encoded reference to the Young tract as lying "north of a tract of'land contemplated for multi -family development." I suspect, however, that this refers to the Amerex tract or Parcel 20. In the other words, I do not think the Young property was part of May -July 1974 rezoning considerations. On November 19, 1974, the Council formally considered rezoning the Young property and rejected the Planning and Zoning Commis- sion's recommendation to rezone to R3. This decision was made Mr. Lyle Fisher, then directors at least partly on the advice of of the Johnson County Health Department. [See attached "Exhibit U."] It is not known whether Mr. Fisher had any facts or test results at his disposal. What the Council neglected to realize, however, was that although rezoning was clearly under the septic tank question should have been their jurisdiction, ealt with in a different forum - i.e., the Johnson County ealth Department. Notwithstanding his letter of November 8, rohnHayek did venture to recognize the Young's right to 18 units. omplete all or a substantial portion of the remaining ! [See page 4, "Exhibit V," which is a rough transcript of tapes of November 19, 1974 Council meeting.] ! On November 18, 1974, Plaintiff Young filed the declaratory judgment action herein, requesting the City to rezone the property such that the proposed 22 unit apartments would no longer be nonconforming. No damage claims have been asserted. Discovery is now fairly complete, and trial to the Court was scheduled for July 28-30, 1980. The Parties agreed to a continuance to allow time for settlement. After considerable discussion. between Attorney Daniel Boyle, Don Schmeiser, Chuck Schmadeke, Doug Boothroy and myself, the Parties have reached a tentative settlement agreement. It is for this purpose I refer this matter to you. 1 1 MICROFILMED BY JORM MICR+LAB S 'i CEDAR RAPIDS • DES MOINES I 'r v• •v v.ru v�"1 � Eh. M � NOT FOR PUBLIC DISTRIBUTION Date: August 7, 1980 To: Planning and Zoning Commission From: Linda N. Woito, Assistant City Attorney Re: Staff Referral for Possible Rezoning of Old Elks Country Club - Young v. City of Iowa City, Docket No. 43458 IV. ANALYSIS A. Plaintiff Jack I. Youna's Pronertv'wac a valiri It is a well- established rule that Zoning Ordinances operate only in futuro in order to protect and preserve lawfully existing uses at the time of enactment. E.g., Weldon v. Zoning Board of City of Des Moines, 250 N.W.2d 396 Iowa 1977 4 YOKLEY, ZONING LAW 1N PRACTICE, 5 22-4, at 20-21 (4th Ed. 1979) [hereinafter YOKLEY]. Thus, nonconforming uses in existence at the time of zoning are protected and cannot be prohibited or restricted where it is (1) a lawful use of property; (2) not a nuisance; (3) not harmful to the public. 8A MCQUILLIN, MUNICIPAL CORPORATIONS, 5 25.181, at 9 (3rd Ed. 1976) [hereinafter MCQUILLIN]; see also, Granger v. Board of Adjustment of Des Moines, 44 N.W.2d 399 (low -a--19-5-0).— In order for a property owner to have the benefit of a nonconforming use, however, the use must have been in existence on the effective date of the ordinance and must have been in substantially continuous use without any abandonment. YOKLEY, 5 22 -5, -at 22-24, and 5 22-13, at 84; MCQUILLIN, 5 25.181-.188. "Abandonment" requires (1) an intent to abandon on the part of the owner, and (2) some overt act or failure to act. YOKLEY, 5 22-13, at 84-85. A zoning ordinance may not retroactively operate to deprive a person of his "vested rights" by depriving a property owner of the "use to which the property was put before the enactment of the ordinance." MCQUILLIN, 5 25.181, at 9; etc., LaSalle National Bank v. The Villa a of Skokie, 246 N.E.2d 105 I11. Nested rfighK's'-have been found where actual construction has taken place resulting in a "...tangible change CEDAR RAPIDS DES MOINES � y j 'r v• •v v.ru v�"1 � Eh. M � NOT FOR PUBLIC DISTRIBUTION Date: August 7, 1980 To: Planning and Zoning Commission From: Linda N. Woito, Assistant City Attorney Re: Staff Referral for Possible Rezoning of Old Elks Country Club - Young v. City of Iowa City, Docket No. 43458 IV. ANALYSIS A. Plaintiff Jack I. Youna's Pronertv'wac a valiri It is a well- established rule that Zoning Ordinances operate only in futuro in order to protect and preserve lawfully existing uses at the time of enactment. E.g., Weldon v. Zoning Board of City of Des Moines, 250 N.W.2d 396 Iowa 1977 4 YOKLEY, ZONING LAW 1N PRACTICE, 5 22-4, at 20-21 (4th Ed. 1979) [hereinafter YOKLEY]. Thus, nonconforming uses in existence at the time of zoning are protected and cannot be prohibited or restricted where it is (1) a lawful use of property; (2) not a nuisance; (3) not harmful to the public. 8A MCQUILLIN, MUNICIPAL CORPORATIONS, 5 25.181, at 9 (3rd Ed. 1976) [hereinafter MCQUILLIN]; see also, Granger v. Board of Adjustment of Des Moines, 44 N.W.2d 399 (low -a--19-5-0).— In order for a property owner to have the benefit of a nonconforming use, however, the use must have been in existence on the effective date of the ordinance and must have been in substantially continuous use without any abandonment. YOKLEY, 5 22 -5, -at 22-24, and 5 22-13, at 84; MCQUILLIN, 5 25.181-.188. "Abandonment" requires (1) an intent to abandon on the part of the owner, and (2) some overt act or failure to act. YOKLEY, 5 22-13, at 84-85. A zoning ordinance may not retroactively operate to deprive a person of his "vested rights" by depriving a property owner of the "use to which the property was put before the enactment of the ordinance." MCQUILLIN, 5 25.181, at 9; etc., LaSalle National Bank v. The Villa a of Skokie, 246 N.E.2d 105 I11. Nested rfighK's'-have been found where actual construction has taken place resulting in a "...tangible change CEDAR RAPIDS DES MOINES � y L in the land" [e.g., And4ar Associates, Inc. v. Board of Zo- Hing A or Appeals of Village of Port Washington Nth, 291 N.Y. S 2d 991 (1968)] and where substantial sums of money have been invested [e.g., Best and Company V. Incorporated Village of Garden City, 286 N.Y.S. 980 (1936); YOKLEY, 5 22-4 at 22. One well recognized authority has summarized the applicable law where construction or remodeling is not yet complete as of the date of zoning: "Considerable trouble is sometimes encountered in construing nonconforming provisions of ordinances where construction is begun but not complete at the time of passage of an ordinance. The Court of Appeals of Maryland, in announcing a yardstick by which such problems may be measured, has spoken thusly: 'It is well established law that if a person, prior to the time zoning regulations are effective, commences to build on his property a building for the purpose of conducting light manufacturing (as in this case) and expends money in the erection of such a building, or in artiall erecting such a building, subsequent zoning regulations cannot prevent him from completing the building and conducting light manufacturing therein."' YOKLEY, 5 22-4, at 20-21, quoting Amereihn v. Kotras, 71 A. 2d 865 (Md. 1950 'amphases added]; see also, State exrel. Great Lakes Pi eline Coe an Y. Hendrickson, 393 S.W.2d 481 Mo. 1965] permitting construction to continue where a substantial portion of the work was completed at a cost of $64,000. Iowa law applies the same rules regarding the protection of nonconforming uses, especially where substantial sums of money have been expended. • E. g. , Stoner Mc_ Cray S stem v. C� of Des Moines, 78 N.W.2d 843 (Iowa 1956); Board of Supervisors of Scott Co_ unty v. Paaske, 98 N.W.2d 827 (Iowa 1959. As to abandonment, the courts look to overt physical acts; and although lapse of time may be a factor, it is not dispositive. d - ao 74 - ,.<... �, . .. .. JORM MICR LAB � _.. .. ._. CEDAR RAPIDS • DES MOINES J "Thus nonoccupancy of the premises and suspension or cessation of business due to causes over which the owner has no control do—not—of themselves con t tute a discontinuance;. . . Pioneer Insulation and Modernizing Cor Lynn, 1H.1964). V. City of 20 E. 2d 913, 916 (Mass. 1964 _ N In the case before us, I make the following findings and conclusions: (1) Mr. Young's property was a lawfully existing property use under County zone R3A as of October 23, 1964; a (2) Mr. Young had "vested rights" in conversion of the Old Elks Country Club possibly as early as May or June of 1964, but certainly by Fall 1964 and continuing through December 1, 1965; (3) As of date of involuntary annexation December 1, 1965 and automatic rezoning to R1A, Plaintiffs had converted four apartment units and had done sufficient work on the remainder of said building to have "vested" the owner with rights to complete the remaining 17 or 18 units; (4) Even though work was not continuous on said building, owner's conversion was nonetheless valid in December 1965 under the October 23, 1964 County building permit based on then -existing County rules; (5) Rezoning by way of annexation December 1, 1965 made Plaintiff's property a valid nonconforming use, with entitlement to complete the 18 units; (6) The City's "stop work order" may well have been a valid exercise of the police powers under the Housing and/or Building Codes, but could be seen as a interference with Plaintiff's vested rights to complete conversion of the 21 or 22 apartments. In other words, Plaintiff Young bought the property in May 1964 relying on the County R3A zoning, obtained a preliminary architects estimate for conversion the next months, obtained a building permit that fall, and had approximately one-fourth of the work completed by December 1, 1965 when the property was rezoned. John Hayek's comments noted above regarding Mr. Young's vested rights in a nonconforming use lend credence to these conclusions. The fact that the owner may have lost his financing and was unable to complete the project or was ordered to cease construction does not constitute abandonment or discontinuance under the law. Pioneer Insulation, supra, at 916 [nonoccupancy or cessation outside owner's control insufficient to constitute discontinuance in absence of intent). The question then becomes whether nonconforming uses are treated differently in the context of annexation and rezoning. B. Nonconforming Use Rights Vested Prior to Annexation; and Failure to Follow Zoning_Procedures and Failure to Recognize Rinhte Mav Constitute Due Process Violation. Nonconforming use rights may attach to property prior to annexation to a city. Such rights are recognized in the law of zoning as having been vested prior to annexation, ". .which rights will be preserved when the city zones the annexed property." YOKLEY, 5 25-13, at 328. Ordinarily an annexing city is obliged to respect existing nonconforming uses and to act reasonably in zoning or rezoning newly annexed property. Id., at 328-29; Boise City v. BiT r, 572 P.2d 892 (Idaho 1977T_ Constitutional due process rights also come into play in the context of zoning annexed property. "Since automatic zoning precludes fixing, giving notice of, and holding a public hearing, as required by statute, an ordinance providing for automatic zoning is said to be invalid." Id., Cameron v. Board of Adjustment of Greensburg, 281 A.2d 271 (Pa. -1971 ; see also, McArthur v. Zabka, 494 P.2d 89 (Colo. 1972) [owners of annexed tract denied due process3. These same rules apply in Iowa, as we learned in Amerex I, for both State and local law require strict compliance with procedural rules including notice, public hearing and consider- ations by both the zoning commission and the City Council. See generallX Chapter 414, Code of Iowa (1979); Velie Outdoor Advertising v. City of Sioux Com, 252 N.W.2d 408 Iowa 1977). -M M, 103 1 UM 111011M i; i financing and was unable to complete the project or was ordered to cease construction does not constitute abandonment or discontinuance under the law. Pioneer Insulation, supra, at 916 [nonoccupancy or cessation outside owner's control insufficient to constitute discontinuance in absence of intent). The question then becomes whether nonconforming uses are treated differently in the context of annexation and rezoning. B. Nonconforming Use Rights Vested Prior to Annexation; and Failure to Follow Zoning_Procedures and Failure to Recognize Rinhte Mav Constitute Due Process Violation. Nonconforming use rights may attach to property prior to annexation to a city. Such rights are recognized in the law of zoning as having been vested prior to annexation, ". .which rights will be preserved when the city zones the annexed property." YOKLEY, 5 25-13, at 328. Ordinarily an annexing city is obliged to respect existing nonconforming uses and to act reasonably in zoning or rezoning newly annexed property. Id., at 328-29; Boise City v. BiT r, 572 P.2d 892 (Idaho 1977T_ Constitutional due process rights also come into play in the context of zoning annexed property. "Since automatic zoning precludes fixing, giving notice of, and holding a public hearing, as required by statute, an ordinance providing for automatic zoning is said to be invalid." Id., Cameron v. Board of Adjustment of Greensburg, 281 A.2d 271 (Pa. -1971 ; see also, McArthur v. Zabka, 494 P.2d 89 (Colo. 1972) [owners of annexed tract denied due process3. These same rules apply in Iowa, as we learned in Amerex I, for both State and local law require strict compliance with procedural rules including notice, public hearing and consider- ations by both the zoning commission and the City Council. See generallX Chapter 414, Code of Iowa (1979); Velie Outdoor Advertising v. City of Sioux Com, 252 N.W.2d 408 Iowa 1977). -M M, 103 1 UM 111011M Mr. Yokley points to 1965 as the key case in this area: In Kl_ igler V. Elyria, 2 Ohio App. 2d 181, 207 N.E.2d 389 (1965), the court invalidated a zoning ordinance provision purporting to classify all land subsequently annexed �y the city for single-family residence uses. The court held the provision in question to be in conflict .with the state statute prescribing procedures for zoning, noting particularly that the failure to afford the required public hearings constituted a denial of due rocess. YOKLEY, 5 25-13, at 329. Some states have avoided this .problem by treating the prior county zoning as remaining in effect upon annexation for a limited period of time only. Allred v. City of Lakewood, 576 P.2d 186 (Colo. App. 1977), cert. denied, Colo. Sup. Ct. March 13, 1978). Cities of Course avoid undue delays in reclassifying annexed property, since "[tlhe realities of modern annexation are such that the owners of properties to be annexed are vitally interested in the zoning classification which their properties will receive upon annexation. Delay in classifying could often result in considerable financial loss." Id., quoting from Beshore v. Town of Bel Air, 206 A.2d 678 (Md. 1965). — It would appear that somewhere between automatic RIA zoning or a holding zone and parcel -by -parcel rezoning lies the most prudent route for cities. A question then arises as to the validity of a nonconforming use where a property owner proceeds to make improvements in the face of the imminent rezoning in order, to "vest" his rights. For this reason, the law requires that a nonconforming use of land and buildings be a matter of public knowledge prior to imminent rezoning. In the case before us, the election was scheduled for November 3, 1964. From the facts thus far presented, it appears that although the City Council first began considering the involuntary annexation as early as June 1964 and the hearing was held July 1964, the petition in equity and the original notices were not filed and/or mailed until March 1965, almost one year after Plaintiff purchased his property. There was clearly no "imminent rezoning" between May 1964 and March 1965. CEDAR RAPIDS • DES MOINES 1 i I c. Plaintiff not Entitled to 7 A question remains as to whether Mr. Young is entitled to expand the nonconforming use to include a new apartment complex, as anticipated in a second County building permit dated October 30, 1964. The answer is clear that Plaintiff is not entitled to any such expansion, since Plaintiffs took no overt acts to commence construction of said new building prior to December 1965; and the second permit would have lapsed by operation of County law. Mr. Yokley states the rule as follows: "The existence of a nonconforming use of land when an ordinance was enacted does not, either under its origigal or amended terms, legalize new buildings in connection with that use. YOKLEY, 5 22-4, at 41; e.g., Bowes v. Inspector of Buildings of Brockton, 197 N.E.2d 676 (Mass. 1964) ive Plan Permi Section 414.3, Code of Iowa (1979) requires that zoning regulations "...shall be made in accordance with a comprehensive plan..." The section goes on to state: "Such regulations shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings..T [Emphasis added] Thus, the rule in Iowa is that although zoning must be carried out in accord with the Comprehensive Plan, existing uses cannot be ignored. The Iowa Supreme court quoted McQuillin with approval in Brackett V. City of Des Moines, 67 N.W.2d 542, 546 (Iowa 1954), as follows: "Comprehensive zoning is general zoning throughout a municipality according to a comprehensive plan to b i �R)7kTitlR�r �� ' ' .._ CEDAR RAPIDS •DES MOINES c 1 I c. Plaintiff not Entitled to 7 A question remains as to whether Mr. Young is entitled to expand the nonconforming use to include a new apartment complex, as anticipated in a second County building permit dated October 30, 1964. The answer is clear that Plaintiff is not entitled to any such expansion, since Plaintiffs took no overt acts to commence construction of said new building prior to December 1965; and the second permit would have lapsed by operation of County law. Mr. Yokley states the rule as follows: "The existence of a nonconforming use of land when an ordinance was enacted does not, either under its origigal or amended terms, legalize new buildings in connection with that use. YOKLEY, 5 22-4, at 41; e.g., Bowes v. Inspector of Buildings of Brockton, 197 N.E.2d 676 (Mass. 1964) ive Plan Permi Section 414.3, Code of Iowa (1979) requires that zoning regulations "...shall be made in accordance with a comprehensive plan..." The section goes on to state: "Such regulations shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings..T [Emphasis added] Thus, the rule in Iowa is that although zoning must be carried out in accord with the Comprehensive Plan, existing uses cannot be ignored. The Iowa Supreme court quoted McQuillin with approval in Brackett V. City of Des Moines, 67 N.W.2d 542, 546 (Iowa 1954), as follows: "Comprehensive zoning is general zoning throughout a municipality according to a comprehensive plan to b i �R)7kTitlR�r �� ' ' .._ CEDAR RAPIDS •DES MOINES control and direct the use and development of property in the area by dividing it into districts according torep sent and potential uses." [Citing MCQUILLIN, 5 25.07; emphasis added.] It is therefore clear that the Comprehensive Plan is a guideline for the orderly future growth of an area as that growth fits into the present. E.g., YOKLEY, 5 5-3, at 218 ff; Noting a 1977 case, Yokley states: "The comprehensive plan is extremely important, and it must not be treated lightly or ignored in considering applications for zone changes. It is a plan for the orderly growth of an area, and property owners must be able to rely on it when making investments in real estate and for the protection of " land values. We should not lose sight of the warning from the Kentuck Court of Appeals, however, when in Lo opinions that court states that a comprehensive plan is a guide rather than a strait-jacket.I�— YOKLEY, 5 5-3, at Supp. 12, citing Bryan v. Salmon Corp., 554 S.W.2d 912 (Ky. 1977), in turn citing Ward v. Knippenberg, 416 S.W.2d 746 (Ky. 1967). Finally, page 74 of the Plan document explicitly recognizes a balancing test to be applied where private property rights come into conflict with zoning restrictions: "The fact that the comprehensive land use map shows only generalized land uses means that it will not in - all cases reflect small areas of existing use which may be zoned to reflect such use or density. This recognizes that while the land use map depicts the long-term goals for development within the City, the zoning must consider the reasonableness of a classification as applied to a particular property. Therefore in instances where a zoning classification in strict accordance with the land use map would appear to cause such harm to a property owner as to outweigh the benefit derived from strict conformance with the comprehensive plan, a given property may be zoned to allow an existing use." Thus, where the gain to the public is small as compared to the r hardship imposed on a property owner, a city's exercise of police powers may be called into question. YOKLEY, 5'3-20, at 124-25. t i - - CEDAR RAPIDS • DES MOINES i Finally, Justice Oliphant reminds us of the factors which properly fall within the City's police powers: "Zoning involves more than looking at a map and drawing what appears to be logical or natural boundaries. It is more than an exercise in plane geometry. The mere observation of a plat map, tax map, or zoning map will lead to misleading abstract deduction and error in the application of the above stated principles... There are many considerations which may validly apply to influence the way property in a district may be classified. Important among them are the ,prim existing uses in the district, the natural contours anT' topographical features of the land, in some instances the geological strata of the land with particular relation to the effect of drainage and I eepage upon water and sewage problems. The resolution of the problem of the application of basic zoning principles to such interrelated facts and factors is essentially one for. the judgment of the municipal legislative bodies. As long as the judgment establishing the classification of the districts is based upon substantial factors relevant to proper zoning, the judgment must be sustained." Bo ert v. Township of Washington, 135 A. 2d 1, 3 (N.J. 1'957T I. r' IVj 1 CEDAR RAPIDS • DES MOINES ra e Th-t�c � 1'9 G1 A•I O r•11d .� such territory proposed to he annexed substantial municipal benefits and services not theretofore enjoyed by such territory, which municipal benefits and services would include the following: A) Fire Protection - The -City of Iowa City maintains a modern, fully equipped, full time Fire Department capable of providing immediate services to said area upon its annexation to Iowa City and is purchasing additional equipment to facilitate this service. B) Police Protection - The City of Iowa City maintains a modern, fully equipped, full time Police Department capable of providing immediate services to said area upon its annexation to Iowa City. C) Street Construction, Improvement and Maintenance - The City of Iowa City maintains a modern, fully equipped Public Works Department capable of providing services on the streets and roads of the annexed area upon its annexation to Iowa City. D) Sewage Treatment - The City of Iowa City maintains a sewage purification treatment plant which is presently in the process of being expanded and which will be adequate in size to purify and treat the sewage not only of the present residents of Iowa City but the present and proposed residents of the annexed area. The City of Iowa City is presently in the process of providing new collector systems for sewage in both the present corporate limits and a part of the annexed territory. E) Garbage Collection - The City of Iowa City maintains a modern, fully equipped, full time garbage collection service capable of providing service to the residents of the annexed territory. F) Sanitary Land Fill - The City of Iowa City maintains a modern, fully equipped sanitary land fill service capable of providing service for the residents of the annexed territory. G) Water - That the City of Iowa City maintains a modern, fully equipped municipal water works capable of providing sufficient water to service the annexed territory. H) Utilities - That the City of Iowa City has a franchise with the Iowa -Illinois Gas 6 Electric Company providing for the furnishing of electricity and natural gas to the residents of the City of Iowa City and said services would be furnished to the residents of the annexed territory. 12) That a plat of said territory, is attached to this petition marked Exhibit "E" and by this reference is hereby made a part of this petition as though fully set forth herein. That said plat sets forth the corporate limits of Iowa City. 13) That the territory to be annexed is contiguous to the corporate limits of Iowa City, Iowa. CEDAR RAPIDS - DES MOINES M j l" u m . CEDAR RAPIDS OES.MOINES " "" I 4 n t ry ' n'k a ' t _ f ` 1 Y 1 ILLI Y !\ P 0 � J J I i � �t I `f r u m . CEDAR RAPIDS OES.MOINES " "" 4 n of ' n'k i ILLI !\ P 0 � I I i � t I `f r i . y J � n V o ri d d 'Y t O V K y oo A it W } } I V 1 J � n ♦U W fY aW m 3 az b o• W X + 1 I o N W o � 1 Z At 15.3 CO W Ln S ry n o vi O r V yl m y o Z v l i u 'o zrs o � z o a a � r l w ° M e � Q d r N u m . CEDAR RAPIDS OES.MOINES " "" 4 n of ' n'k i 0 � I I i � t I `f r i . n ' n'k - :1 � .•yam' �,. i COUNTY OF JOHNSON STATE OF 10WA No. ...... :�Z • N." ...:' ' ' APPLICATION FOR BUILDING PERMIT ,...................................... .... 1964 ........ ....... Ootober 2� . Jack I. Youn Application is hereby made by..................g .............................4........................................... _.................. ...... i `:4•: (Name) .. 1147 Raple St.Iowa nity Iowa ; i (a. R, Street and No.) I (Town or City) (stele) To: alter buildings on the following described premises: Quarter ................................ Section .........._............... ...... Township ........................... Range.................. Location within quarter section !Subdivision.; ..............:.:. Block .................. Lot •,...................................' ^ .... .............. d............. ld Elkn Count C, •'. :.., Other Description': ... Q.................................?'Y......dub..Bu.Udin&.A.9... x.9.79g,t.F... a..6w.t.3.... ....... _' " Saco 4@ 5th P.M..on•apprbztmatoly 1-1/2 acres ground on Moat and ' ......................................................... oY Taft ........................ _........................................................ . .. convert to apartaente ` 'Type or purpose of, improvement proposed.......T ........................................................................................._ .. ...... ... .......................................................................... ............ . Lot or tract area......r ........ ............................... Average width of lot .................................... I height of, structure; stories.......................................................................... feet .....................................'. Front yard :.. ...... :...feet, Rear Yard ............................................feet. Side yards.......................................ieet, :............................:..............feet. Apartments ,!r. •. ,: ., .... , Occupancyuse.................................................................................. ..... ............................... $50000.00 EstimatedCost ......: ....... ..... ............................................................................... ................................................ The undersigned applicant certifies under oath and under the penalties of perjury that the foregoing information is true and correct. Approved ........cr7j.. 19e'rt. � Permit granted to proceed in accord with in-.. ............................................................................. formation shown in this applies tion and receipt (o ner) ..).of fee.acknowledged. ..... ................. ' B !../.:...::!.:U ...:....:.... .. .:... (Agent) BY . (AdmLnguation Officer) ry Plans and Plot Diagram in accordance with article XXXI, Sections 3 and 4 shall accompany this application for permit.'. I. h n •�'��!b1-t L 0 I : c i I 1 : 1 i i - :1 � .•yam' �,. i COUNTY OF JOHNSON STATE OF 10WA No. ...... :�Z • N." ...:' ' ' APPLICATION FOR BUILDING PERMIT ,...................................... .... 1964 ........ ....... Ootober 2� . Jack I. Youn Application is hereby made by..................g .............................4........................................... _.................. ...... i `:4•: (Name) .. 1147 Raple St.Iowa nity Iowa ; i (a. R, Street and No.) I (Town or City) (stele) To: alter buildings on the following described premises: Quarter ................................ Section .........._............... ...... Township ........................... Range.................. Location within quarter section !Subdivision.; ..............:.:. Block .................. Lot •,...................................' ^ .... .............. d............. ld Elkn Count C, •'. :.., Other Description': ... Q.................................?'Y......dub..Bu.Udin&.A.9... x.9.79g,t.F... a..6w.t.3.... ....... _' " Saco 4@ 5th P.M..on•apprbztmatoly 1-1/2 acres ground on Moat and ' ......................................................... oY Taft ........................ _........................................................ . .. convert to apartaente ` 'Type or purpose of, improvement proposed.......T ........................................................................................._ .. ...... ... .......................................................................... ............ . Lot or tract area......r ........ ............................... Average width of lot .................................... I height of, structure; stories.......................................................................... feet .....................................'. Front yard :.. ...... :...feet, Rear Yard ............................................feet. Side yards.......................................ieet, :............................:..............feet. Apartments ,!r. •. ,: ., .... , Occupancyuse.................................................................................. ..... ............................... $50000.00 EstimatedCost ......: ....... ..... ............................................................................... ................................................ The undersigned applicant certifies under oath and under the penalties of perjury that the foregoing information is true and correct. Approved ........cr7j.. 19e'rt. � Permit granted to proceed in accord with in-.. ............................................................................. formation shown in this applies tion and receipt (o ner) ..).of fee.acknowledged. ..... ................. ' B !../.:...::!.:U ...:....:.... .. .:... (Agent) BY . (AdmLnguation Officer) ry Plans and Plot Diagram in accordance with article XXXI, Sections 3 and 4 shall accompany this application for permit.'. I. h n •�'��!b1-t L 0 I c i I 1 : 1 i - :1 � .•yam' �,. i COUNTY OF JOHNSON STATE OF 10WA No. ...... :�Z • N." ...:' ' ' APPLICATION FOR BUILDING PERMIT ,...................................... .... 1964 ........ ....... Ootober 2� . Jack I. Youn Application is hereby made by..................g .............................4........................................... _.................. ...... i `:4•: (Name) .. 1147 Raple St.Iowa nity Iowa ; i (a. R, Street and No.) I (Town or City) (stele) To: alter buildings on the following described premises: Quarter ................................ Section .........._............... ...... Township ........................... Range.................. Location within quarter section !Subdivision.; ..............:.:. Block .................. Lot •,...................................' ^ .... .............. d............. ld Elkn Count C, •'. :.., Other Description': ... Q.................................?'Y......dub..Bu.Udin&.A.9... x.9.79g,t.F... a..6w.t.3.... ....... _' " Saco 4@ 5th P.M..on•apprbztmatoly 1-1/2 acres ground on Moat and ' ......................................................... oY Taft ........................ _........................................................ . .. convert to apartaente ` 'Type or purpose of, improvement proposed.......T ........................................................................................._ .. ...... ... .......................................................................... ............ . Lot or tract area......r ........ ............................... Average width of lot .................................... I height of, structure; stories.......................................................................... feet .....................................'. Front yard :.. ...... :...feet, Rear Yard ............................................feet. Side yards.......................................ieet, :............................:..............feet. Apartments ,!r. •. ,: ., .... , Occupancyuse.................................................................................. ..... ............................... $50000.00 EstimatedCost ......: ....... ..... ............................................................................... ................................................ The undersigned applicant certifies under oath and under the penalties of perjury that the foregoing information is true and correct. Approved ........cr7j.. 19e'rt. � Permit granted to proceed in accord with in-.. ............................................................................. formation shown in this applies tion and receipt (o ner) ..).of fee.acknowledged. ..... ................. ' B !../.:...::!.:U ...:....:.... .. .:... (Agent) BY . (AdmLnguation Officer) ry Plans and Plot Diagram in accordance with article XXXI, Sections 3 and 4 shall accompany this application for permit.'. I. h n •�'��!b1-t L 0 x679 ff :-O-LU-0gay-:200atinn..COntAinin&--approxime-toay ... I ... I/ ........... v Alto ......... ............. ....... * ...... ..................... o Type or purpose .................. .................... . ient proposed............. APax.tment .. es ... ,volts ts .. i� .............................. . .. .......... ........... ....... : ................ ........................................... ................... ........... % Lot or tract 'area ' ............... 'Ave ....... rage width of. lot .... .. . .............. ................. j.." eight of structure;. stories ............................... .................... feet ... 97 2" .............................. \�V .Front yard:.:.,.. ............ feet, Rear Yard .............................. . ... feet. Side yards..3.0 ................. feet, ......................... ................... feet. Occupancy use .............. Estimated Cost 0216000. .... ...... a . .............................. ....... - . ....................................... .......... .......................... The undersigned applicant certifies under oath. and under the penalties of Perjury that the foregoing, information'is true and correct. r Approved ..... ..... . . . Permitgranted to proceed in accord with in ........... .......... formation Shown in this application and receipt (own ....... t--,4 of fee ackno%vlcdged.::. V 7 1 By................ By ............................................................. ............................ ................ (Agent) -(Adrninn-VA4�: of fii it Plans and Plot Diagram in accordance with article XXXT, Sections 3 and 4 shall accompany this application for Permit.'."; . CEDAR RAPIDS - DES MOINES COUNTY OF J01INSO,%q STATE OF IONVANo . ..... ............. -A PPLIGATION FOR BUILDING PERMIT October JO 64' .......... ................ ...... ........ —19 .............. ..... Application is hereby made by L.'`Xouag ... .................................................. ...... (Name) ',a •r'.i . .......... :..1147. gpplo ... St l............................ Iowa City .......... ..................... .......w .............. Ioa (1- P-, Street and No.) .............................. (Town or City) I (Slate) 4. build :, Tobuildings on the following described premises: s: Quarter:... ........ ;* .......... .... Section 4.................... V...-Townsh' '-�Location 1P ..... Range; within'quarter section ..... 14 N.-* Subdivision .......................................... ....... Block ........... Lot �.,Other Dcscriptlon'`:.1#.:,.7914.r .. A.§Fm, :-O-LU-0gay-:200atinn..COntAinin&--approxime-toay ... I ... I/ ........... v Alto ......... ............. ....... * ...... ..................... o Type or purpose .................. .................... . ient proposed............. APax.tment .. es ... ,volts ts .. i� .............................. . .. .......... ........... ....... : ................ ........................................... ................... ........... % Lot or tract 'area ' ............... 'Ave ....... rage width of. lot .... .. . .............. ................. j.." eight of structure;. stories ............................... .................... feet ... 97 2" .............................. \�V .Front yard:.:.,.. ............ feet, Rear Yard .............................. . ... feet. Side yards..3.0 ................. feet, ......................... ................... feet. Occupancy use .............. Estimated Cost 0216000. .... ...... a . .............................. ....... - . ....................................... .......... .......................... The undersigned applicant certifies under oath. and under the penalties of Perjury that the foregoing, information'is true and correct. r Approved ..... ..... . . . Permitgranted to proceed in accord with in ........... .......... formation Shown in this application and receipt (own ....... t--,4 of fee ackno%vlcdged.::. V 7 1 By................ By ............................................................. ............................ ................ (Agent) -(Adrninn-VA4�: of fii it Plans and Plot Diagram in accordance with article XXXT, Sections 3 and 4 shall accompany this application for Permit.'."; . CEDAR RAPIDS - DES MOINES r a9+fir E c P-91.4.L.S.-IM63 ti. 1 ,,rvt�•`,�s{s^ J A. Mi levy , - •'• ,n \� � .�\ Ia IO YJ IVa ' 'Y 1 A M��� Y'„ • 1 :,: • ;_; :,�,•. � ;� �:� ;% nil .}� . � ��:�' f a,' Iv, � „ ry lilt 27 rj F I ;" a .(. (D/ yti 0{J1 Ll rJ f ,Z4 Z78,D' iosh.; Pr O.r Bea./NN/NG (•f',1S i N P/NS sx7 O'`,j; to //Ns ^_ t24wO , 46 �I t � Elks County Club Description ••• r ^,?-, i In T. 79N., R 6W., Sec. 4, 5th 11. X1., a parcel of laud therein described as follows: '•v - Commencing at a point which'is N 09`21' F.. , 85. 4 Ccet, and '•.;;;;;.i { k <• N 090 06' W. , 60 feel, and S 83° 30' W, , 690. f1 feet, and :... S 69° 41' W. , 52. 88 feel of the E' c• Irnr.r of said Sec. 4; Thence S 62° 39'•30" \t'• , 645. 8 feet: Thence S 48° 12'10" W•, 1'33.0 feel to the point of beginning; Thence'N 51° 58'90" W., 2711. 3 feet: Thence S 45° 11'30"1P., 229.6 feet; " "s U_ Then (A 51° 45' 10" F:., 20 6. 7 feet to the Iov:a River; Thence easterly along said H;-.er to a point benriut; S 51° 58'40;',$, of the puint of beginning; 1 I Thence to the point of beginning. `',.;•` Said parcel contains appruxnuatcly 1-1/2 acres. �.:fl {I "`-'-STATE . OF IOWA J : ••• - •. u—JOiINSON-LG11NI; "_� I, James W. Powers, hereby certify that on November 25, 1963, a survey was made of the above platted land under my supervision and direction and that the plat shown herein is In accordance with the field notes of said survey, y I further certify that the survey was made at the direction of the Elks Country Club. -....GLYr.S--e..__ ..— i'.1:. & L.S. N'3707 j 1 Subscribed an sworn before me this 26th da;• of L \ November, 1963.• JORM MICR+LAB - CEDAR RAPIDS Y DES MOINES ,_ t1rS June 14 , 1972 Mr. or firs. ,Jack I Young 1720 Muscatine Ave. Iowa City, Iowa RE: Propprty located at 600 Taft Speedway known as the old Elks Coun'try Club Dear Mr. or Mrs. Young: ° This is to inform you that on this date the above address was placarded as unsafe and unfit for human occunancv. You failed to obtain a rental permit from the Minimum Housing Section and an occunancy permit from the Building Department. Furthermore you allowed people to occupy the D premise while under construction. - y Chanter 9.30.10.1 1-3-B.C.D.E. provides that the operator s �a imme late y cease operation and no person shall occupy for sleeping or,living purposes any dwelling unit therein. Before this structure can be occupied again it must first comply with the City's zoning regulations. If this is possible it must then be completely inspected and all . deficiencies corrected as so stated in the Uniform Building Code, the Iowa State Fire Safety Rules and•Reyulations and the Mtmicipal Codes of Iowa City, Iowa. Sincerely, i C. Bruce Hamilton I i Building $ Zoning Coordinator j ! Omer Letts Housing Inspector OL:nx I� , _ F�u,t N xh �, HAYEK. HAYEK a HAYEK wILL J. HAY[R ATTORNEYS AT LAW JOHN W. HAYCA 110 LASWASH;NGTON OTIICCT T C. PETER HAY[R IOWA CITY, IOWA 52240 April 15, 1974 I The Honorable Mayor and City Council of Iowa City Civic Center Iowa 'City, Iowa 52240 Re: Amerex Corporation v. City of Iowa City Mayor and Council Members: II;�1 ARCA COOL 310 337.0606 At your request I filed a motion with the District Court to clarify its declaratory judgment entered in the above case on January 24, 1974. The Court has clarified its judgment by stating that the Plaintiffs must comply with the appropriate building, plumbing, electrical and fire codes as they may apply to the buildings they intend to construct on the involved property. The Court has further stated that it was not the intention of the Court's judgment to subject the Plaintiffs to the application) of our large-scale residential development ordinance. i The City is directed by the Court's rulings in the above case to rezone the Amerex property to at least a R -3-A zoning category so that the proposed improvements will be a conforming use. The property that must be so rezoned is not the entire Amerex property but rather is the i parcel of ground approximately 660 feet East and West by 465 feet North and South covered in their original application described as follows: The North 465. 0 feet of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 4, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa. The above described zoning change is, as I have indicated, mandated by - the Court and the City is required to rezone the property to the zoning category described above or any category less restrictive. i . I would suggest that a copy of this letter be referred to our Planning and Zoning Commission with a request that they promptly take steps to carry out the Court's mandate. Respectfully submitted, 0 d E D 4in W, Hay APR1 61974 D rr ' ABBIE STOLF.US JR'H;vb �X n l b%t i 1 i I c S HAYEK. HAYEK a HAYEK wILL J. HAY[R ATTORNEYS AT LAW JOHN W. HAYCA 110 LASWASH;NGTON OTIICCT T C. PETER HAY[R IOWA CITY, IOWA 52240 April 15, 1974 I The Honorable Mayor and City Council of Iowa City Civic Center Iowa 'City, Iowa 52240 Re: Amerex Corporation v. City of Iowa City Mayor and Council Members: II;�1 ARCA COOL 310 337.0606 At your request I filed a motion with the District Court to clarify its declaratory judgment entered in the above case on January 24, 1974. The Court has clarified its judgment by stating that the Plaintiffs must comply with the appropriate building, plumbing, electrical and fire codes as they may apply to the buildings they intend to construct on the involved property. The Court has further stated that it was not the intention of the Court's judgment to subject the Plaintiffs to the application) of our large-scale residential development ordinance. i The City is directed by the Court's rulings in the above case to rezone the Amerex property to at least a R -3-A zoning category so that the proposed improvements will be a conforming use. The property that must be so rezoned is not the entire Amerex property but rather is the i parcel of ground approximately 660 feet East and West by 465 feet North and South covered in their original application described as follows: The North 465. 0 feet of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 4, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa. The above described zoning change is, as I have indicated, mandated by - the Court and the City is required to rezone the property to the zoning category described above or any category less restrictive. i . I would suggest that a copy of this letter be referred to our Planning and Zoning Commission with a request that they promptly take steps to carry out the Court's mandate. Respectfully submitted, 0 d E D 4in W, Hay APR1 61974 D rr ' ABBIE STOLF.US JR'H;vb �X n l b%t A STAFF REPORT Planning S Zoning Commission September 12, 1974 SUBJECT:2-7415, Council referral to ezone the old Elks Club property located at the terminus of Taft Speedway and along the Iowa River from an RIA Zone to an R3A Zone; date filed: 7/29/74; 45 -day limitation: 9/12/74. STAFF Prior to the annexation of ANALYSIS: the subject tract in 1966 by the City, certain rights theretofore had been granted to the Youngs, present owners of the tract, by the County. In February of 1964, the property was rezoned from an RS Zone to an R3A Zone to permit the remodeling of the old Elks Country Club, purchased in May of 1964, into several apartment units. In October of 1964, a building permit wa's granted to convert the building to 18 apartment units as indicated in the letter attached hereto. When the subject tract was annexed to the City it was automatically classified.R1A. In July of 1967, an attempt was made to rezone a five acre tract near the west end of Taft Speedway from RIA to R3B. The Planning and Zoning Commission suggested that the petitioner, the Elks Club, "look into the possibilities of rezoning to R3". -Subsequently, in August of 1967, the Planning and Zoning Commission recommended approval -of an application sub- mitted to rezone the subject tract.and a three and one-half acre contiguous parcel to an R3 and R3A Zone subject to the obtainment of an easement for the continuation of Taft Speedway through % the subject tract. It was later discovered a legal description of the property sought for rezoning was in error, and was, therefore, never considered by the Council. The subject tract is part of a near one -square -mile area enveloped by the Iowa River on two sides, Interstate 80 on the north and Dubuque Street on the east. The Area is for the most part unserviceable by sanitary sewer and for that reason virtually undeveloped with the exception of an existing_mobile home perk, an apartment complex, and a golf couise. Special consideration to the future land use of the area was given in the development of the Preliminary Land Use Plan adopted by the Johnson County Regional Planning Commission on May 16, 1973. Because of the area's relatively remote location in terms of transportation access and utilities, low density residential development (three units or less per acre) in the vicinity of .the Elk's Club golf course north to Interstate 80 and southwest to the end of the river peninsula is indicated. h 'R it CEDAR RAPIDS • DES MOINES I _.. ... t � y a.A -2- Future land use plans, however, should not be made entirely on the basis of streets and utilities without consideration for various other planning elements. Because of the area's relatively remote location due to the natural and artificial boundaries which isolate it, the area should be planned and developed as a complete neighborhood defined by the Urban Land Institute as "the geographic area within which residents may all share common services and facilities required in the vicinity of their dwellings". An important inevitable need within the neighborhood will be an elementary school properly located to conveniently serve an expected child population efficiently. For this reason, the density of development and types of housing, which will have an effect on the total child population, must be pre- determined before an adequate land use plan of the neighborhood can be developed. The street access and utilities must then be programmed to serve the expected total number of residences adjusted to adequately support the elementary school. While it would appear that the City has an obligation to rezone the subject tract to make conforming the use of the property which was previously granted by due process, the staff would not suggest rezoning the property to permit a higher density until after a comprehensive study for development of the area has been completed. The R3 Zone, which would permit a total of 21 units on the subject tract, would appear to be the best solution. As was previously indicated, access will become a major consider- ation in the future development of the area. Presently, Foster Road and Taft Speedway provide the only access into the area. Some thought has been given to extending Foster Road westerly across the Iowa River to connect,with Fifth Avenue in Coralville or southerly across the Iowa River to connect with Rocky Shore Drive. Foster Road should nevertheless be planned and designed as a major access route to serve a major portion of the area. The significance of Taft Speedway as a part of the future street network is uncertain and may depend on its possible extension through the subject tract. If extended, the roadbed should be constructed above the flood plain to avoid washout from flood water which, within the vicinity of the subject tract, is located along very rugged topography. For this reason, staff members are not in complete agreement as to whether its cost of construction will be offset by its service- abiiity. To make the extension of Taft Speedway possible, should it be considered desirable or necessary, an easement should be secured. rti JORM MiCR+LAB CEDAR RAPIDS • DES MOINES �t I is t � y a.A -2- Future land use plans, however, should not be made entirely on the basis of streets and utilities without consideration for various other planning elements. Because of the area's relatively remote location due to the natural and artificial boundaries which isolate it, the area should be planned and developed as a complete neighborhood defined by the Urban Land Institute as "the geographic area within which residents may all share common services and facilities required in the vicinity of their dwellings". An important inevitable need within the neighborhood will be an elementary school properly located to conveniently serve an expected child population efficiently. For this reason, the density of development and types of housing, which will have an effect on the total child population, must be pre- determined before an adequate land use plan of the neighborhood can be developed. The street access and utilities must then be programmed to serve the expected total number of residences adjusted to adequately support the elementary school. While it would appear that the City has an obligation to rezone the subject tract to make conforming the use of the property which was previously granted by due process, the staff would not suggest rezoning the property to permit a higher density until after a comprehensive study for development of the area has been completed. The R3 Zone, which would permit a total of 21 units on the subject tract, would appear to be the best solution. As was previously indicated, access will become a major consider- ation in the future development of the area. Presently, Foster Road and Taft Speedway provide the only access into the area. Some thought has been given to extending Foster Road westerly across the Iowa River to connect,with Fifth Avenue in Coralville or southerly across the Iowa River to connect with Rocky Shore Drive. Foster Road should nevertheless be planned and designed as a major access route to serve a major portion of the area. The significance of Taft Speedway as a part of the future street network is uncertain and may depend on its possible extension through the subject tract. If extended, the roadbed should be constructed above the flood plain to avoid washout from flood water which, within the vicinity of the subject tract, is located along very rugged topography. For this reason, staff members are not in complete agreement as to whether its cost of construction will be offset by its service- abiiity. To make the extension of Taft Speedway possible, should it be considered desirable or necessary, an easement should be secured. rti JORM MiCR+LAB CEDAR RAPIDS • DES MOINES -3 - STAFF It is the staff's recommen- RECOMMENDATION: dation that the application be denied, the subject tract be rezoned to an R3 Zone, and necessary steps be taken to secure an casement for the possible extension of Taft Speedway westerly through the subject tract. STAFF REPORT Planning 6 Zoning Commission 1 -lay 9, 1974 SUBJECT: Z-7407. Referral from City Council to consider zoning . lands annexed to Iowa City sine August, 1962 which have not heretofore been rezoned. STAFF In a recent court case of ANALYSIS: Amerex Corporation_v_s Io , the City_.. wa City, the court deflared that "Section_ 8.10.4C of the Iowa City Zoning Ordinance, :all land which may herea•fEer become a part of the City of Iowa City, Iowa, shall be classified automatically in the RIA zone until otherwise changed by Ordinance as provided by law',�is invalid and void for the reason thatd.it is discriminatory, arbitrary, capricious, unreasonable and therefore in violation of Section 18, Article I of the Consti- tuion of the State of Iowa". <The Zoning Ordinance has since been amended to require that zoning for .land annexed to the City be established by the procedures set forth in Section 8.10.34E of the Zoning ordinance.> Specifically, "upon receipt of said recommendations (from the Planning and Zoning Commission ,.. to the zoning of said annexed lands), the City Council shall hold a Public Hearing thereon, ... If the Council approves said zoning, it shall adopt an ordinance setting forth the various zoning classifications for said lands". Lands which must be zoned as a result of the court's decision and each respective zoning category recommended by the staff are enumerated below. STAFF PARCEL 1. Parcel 1 includes RECOMMENDATIONS: all of the land predominately undeveloped or used for agricultural purposes and located in the western sector of the City. Part of the land is subdivided and parts are occupied by the County glome and the County Secondary Road Department located on West Melrose Avenue. (From a planning standpoint; it is important to (preserve undeveloped land and land utilized for agricultural purposes until ready for urban type development according to an established land use plan. The only zoning category which is most capable of preserving the land is the P.lA zone. For this reason, it is the ttaff's recommendation that the Parcel be zoned R1A. The R1A zone would have no effect on lots sub- divided for single family use except for the location of the residences on the lots. In addition, the County Home and Road Department mentioned above are not bound by the City's Zoning Ordinance. j ,i i, 1 i STAFF REPORT Planning 6 Zoning Commission 1 -lay 9, 1974 SUBJECT: Z-7407. Referral from City Council to consider zoning . lands annexed to Iowa City sine August, 1962 which have not heretofore been rezoned. STAFF In a recent court case of ANALYSIS: Amerex Corporation_v_s Io , the City_.. wa City, the court deflared that "Section_ 8.10.4C of the Iowa City Zoning Ordinance, :all land which may herea•fEer become a part of the City of Iowa City, Iowa, shall be classified automatically in the RIA zone until otherwise changed by Ordinance as provided by law',�is invalid and void for the reason thatd.it is discriminatory, arbitrary, capricious, unreasonable and therefore in violation of Section 18, Article I of the Consti- tuion of the State of Iowa". <The Zoning Ordinance has since been amended to require that zoning for .land annexed to the City be established by the procedures set forth in Section 8.10.34E of the Zoning ordinance.> Specifically, "upon receipt of said recommendations (from the Planning and Zoning Commission ,.. to the zoning of said annexed lands), the City Council shall hold a Public Hearing thereon, ... If the Council approves said zoning, it shall adopt an ordinance setting forth the various zoning classifications for said lands". Lands which must be zoned as a result of the court's decision and each respective zoning category recommended by the staff are enumerated below. STAFF PARCEL 1. Parcel 1 includes RECOMMENDATIONS: all of the land predominately undeveloped or used for agricultural purposes and located in the western sector of the City. Part of the land is subdivided and parts are occupied by the County glome and the County Secondary Road Department located on West Melrose Avenue. (From a planning standpoint; it is important to (preserve undeveloped land and land utilized for agricultural purposes until ready for urban type development according to an established land use plan. The only zoning category which is most capable of preserving the land is the P.lA zone. For this reason, it is the ttaff's recommendation that the Parcel be zoned R1A. The R1A zone would have no effect on lots sub- divided for single family use except for the location of the residences on the lots. In addition, the County Home and Road Department mentioned above are not bound by the City's Zoning Ordinance. j ,i i, -z - I. PARCEL 2. Parcel 2 is located south of the Finkbins 6• Course and north of Melrose Avenue. Since this Parce: ;stl/ consists of subdivided single family lots which meet t_ minimum size requirements of the P.lA zone, it is the recommendation the Parcel be zoned RIA. PARCEL 3. Parcel 3 is located north of Melrose Avenue nd east of Westgate Street and occupied with a church. :<r.ce the predominate land use in the area encompassing the Parc-1 is single family, it is the staff's recomm=endation the P&-rl 1,,, zoned R1A. PARCELS 4, 5 and 6. Parcels 4, 5 and 6 are located it .he vicinity of Harlocke Street, State Highway 218 South v;a Riverside Drive, respectively. All of the Parcels arc occuRed with single family homes which were constructed while .ri.thilr the County. It is the staff's recommendation, thereft-r., tic Parcels be zoned RIA. e PARCEL 7. Parcel 7 is the undeveloped land owned by 11vin Streb'and located east of Riverside Drive, west of the Iowa River and south of the CRI and P Railroad. The predominate zoning in the area encompassing the Parcel is either 'i,mmer,•ial or industrial. Although the property located immedia1,.ly t„ the south is occupied by a mobile home court, the Par�;,,l iu• not considered desirable for residential use because <,f existing incompatible uses located to the north and w<•r;t. It is, therefore, the Staff's recommendation the Parcl,l be zoned Cl to be consistent with the large area of Cl z4aling k:o the south. PARCELS 8 and 9. Parcels 8 and 9 are located in the sr,utheg3 t sector of the City, east of the Iowa River, and north of t2 ke southern city limits. Since all of the land is undevi,lope;; or utilized for agricultural purposes and unserviceable by sanitary sewer, it is the staff's recommendation thew, Par.•cls be zoned R1A for the reasons indicated in Parcel 1. PARCEL 10. Parcel 10 consists of a four acre tract 1�lcate\a west of Sycamore Street and south of }iollywood Boulcv;l d There presently exists one house on the premises, and it =5 the staff's recommendation the Parcel be zoned R1A. PARCEL 11. Most all of Parcel 11 consists of Mercer :ark located south of Bradford Drive. The remaining portif,,:z o= the parcel consists of subdivided lots located north of B-,Idfc.11-d,- Drive and south of Wayne Street. It is the staff's r%.con,.toa- dation the Parcel be zoned RIA because of the size of `he tract 8n -d the single family development either eristi:�g o•, proposed adjacent to it. 94:ihy -3- � i PARCELS 12, 13 and 14. Parcels 12, 13 and 14 consist of Y, tracts which heretofore have never been rezoned located in the eastern sector of the City and east of State highway 1. Since all of the land is undeveloped or used for agricultural purposes with the exception of a+sc:attr�ration of a few single family homes; it is the staff's recoi=endation this Parcel be zoned R1A for the reason stated in Parcel 1. PARCELS 15 and 17. Parcels 15 and 17 are lands occupied by the American College Testing Center and theWestinghouse Learning Corporation, respectively. Since both establishments are characteristically uses associated with the Office and Research Park zone, it is the staff's recoirvnendation the Parcels be zoned to an ORP zone. PARCEL 16. Parcel 16 consists of lands occupied by Howard :Johnsons, a Texaco service station and the Loess Corporation (Shive Hattery and Associates' soil testing laboratory). The motel and service station are highway orientated uses and should logically be placed in a CH, Ilifhway Commercial zone. Since the soil testing laboratory is a use permitted in the CH zone, it is the staff's recommendation the Parcel be zoned CII. PARCEL 18. Parcel 18 includes all of the land located in the north sector of the City lying west of State Highway 1, east and south of the present City limits, and north of the northerly City limits of 1962, excepting therefrom parcels which have Previously been rezoned and Parcels 16, 19 and 20. Most of the land. is undeveloped or used for agricultural purposes, and the remaining land is subdivided for single family use and occupied by a golf course with the exception of a trailer court located along Prairie du Chien Road. The trailer court was originally developed in the County and in a relative sub- standard condition. Since there are existing single family homes almost completely encompassing the court, it would not be advisable to zone said court to a C zone to make it con- forming. It is the staff's recommendation, therefore, that all of the Parcel be zoned R1A for the reasons specified in Parcel 1. PARCEL 19., Parcel 19 is land occupied by ion existing trailer court located south of Interstate 80 and north of Parcel 20. Since the court meets most of the regulations of the City's "mobile home ordinance" and lies north of a tract of .land contemplated for multi -family development, it is the staff's recommendation the Parcel be zoned Cl which .is the lowest district that would permit a mobile home court by right. a , 1 PARCEL 20. Parcel 20 is the land owned by Amerek Corporation and located north and south of Haywood Drive and west of Laura �. Drive. See Item Z-7406 of the may 7, 1974 Staff Report for the staff's recommendation for zoning said Parcel. PARCEL 21. Parcel 21 is the land occupied by the Lemme School. Since all of the land encompassing said parcel is zoned RIB, i I Imo:• I the Parcel be zoned RIB so it is the staff's recommendation as to be consistent. " r I: 1 I .,..r _ i •I i � I n AA t I /1 `, ' —rub � • 1 i al/Lj C�D CEDAR RAPIDS •DES MOINES .^_ � ,, CwACl�r moi- ;bif,.L',+r�r . �c VAI l� :fie ...• .a. • c; - I Iw s r +o • ".I - - tl, ,fix 27 'WAN ,, ti°��it•I r y I�r SONor NR Thr " I }�� r l I '""aR..Y�1.1� r4��1t�1a!•1� t r .. y r: I :�r. .. .. �i•.', CwACl�r moi- ;bif,.L',+r�r . �c VAI l� :fie ...• .a. • c; - I Iw s r +o rr. L;U-'J'XT; Rezoning of All Annexed land to RIA _ Old Elks Country Club Building on.T;ift Speedway. Over 10 years :Igo we purchased one and one-hald acres of lnnd, then in the county, together with a very large building. Dur offer to buy this property was made subject to its being zoned for apartments. This apartment zoning was granted by Johnson County, there were no protests from any concerned adjacent property owners, a building permit Has issued by the county, and work was started on the remodeling of the building into 18 apartments. We spent a great deal of money preparing this building for these apartments. They are all roughed in, all of the plumbing work is done, and the large boiler for heating, plus all of the heat runs and radiators are all installed. This building is approximately 50x100 feet, two stories; and contains approximately 10,000 s¢uare feet. It formerly housed (re Of the party snots of the area and at the time of the county's rezoning it to ?13,1 for apartments the neighbors were quite happy and called it an improvement over previous uses. We had proper legal zoning for these apartments, we acted in Food faith in all of the work done, we have spent a considerable amount of money on all of the remodeling, the building is too large for :anything -but apartments, and we ask for retention of our zoning of R3A and permission to finish the work remaining to be done. {r Inur. Wu...,n'. V. i'u cl.nn N'u.l.lnn M.'fucncu Ilnu ua. W. 1 Wrl.. Ibu n�cr. A. HULLCR IIII ucI, I..W.,n,. SHULMAN, PHELAN, TucnER, BOYLE & MULLEN ATTORNEYO AT LAW nn[ncn nuu.muc P.O. not 2150 IOWA CITY, IOWA 52240 July 29, 1974 Mayor and City Council City of.Iowa City, Iowa 52240 Tru •.enr. � a rr•au LA. Cnoc 3141 In Re: Jack I. Young and Mariam J. Young - Mass Zoning of Annexed properties 1 Gentlemen: This is to protest on behalf of the Youngs of the re -zoning of their property, which is the Old Elks Country Club building, to a RIA family zone. As the Council undoubtedly knows, this building is being used for multi -family purposes and the building is of such a nature that more units are possible. The building is somewhat isolated from other family dwellings, and s., there appears no current reason why this property should be turned into a non -conforming use. When the building was originally purchased by the Youngs from the Elks Club, the Johnson County Board of Supervisors did zone the property for apartment units, and the Youngs proceeded on the assumption that their investment would be.protected. It would appear to be completely unfair to endanger the Young's investment by M aking this anon -conforming multi -family structure in an RIA district. Under the circumstances, we request that the Council remove the Young's property from the current re -zoning ordinance*, and that the property be zoned R3A. Very truly yours, if C 1 t� X. 4 1 .3 L78,a' /y, ,5 SS IMAIIAla lyy j4 Hq.�j �ER' Z-IW6� Elks (.'ounty Club Description %1., a of land 79N., R 6W. 4 5th 1). parcel therein described as foll0\vS:. at a which -is N Op- -11 - F. , u.). 4 feet, and Commencing point N Oq* 06, W. 60 feet, and S 83* 30' W. , 690. ft feet, and , S 6.90 41' W. , 52. 88 feet of the E. 1 C wonr of said Sec. 4; Thence S 62°39'30" W., 645-8 feet: 12'10" W. 123. 0 feet to the point of beginning; Thence S 48" , Thence N 5,1° 58'40" W. , 2711. 3 feet: Thence S 45° 11'30." NNI. , 229. 6 feet; LIN Thence S 51*45' loll F., 206.7 feet to the lo -4-a River; bt%"'ijjj-. S 51* 58140 o Thence easterly along said River tj a point of the point of beginning; Thence to the point of beginning. Said parcel contains approximately I -I/" acres. AMENDED ZONING PETITION TO: Mayor and City Council of the City of Iowa City, Iowa. COME NOW the undersigned property owners, by and through their attorney, and amend their previous Petition to rezone the old Country Club Building a property, the legal description of which is attached hereto marked Exhibit "A", and request that such property be rezoned from its present zoning classi- fication to an R3 - Multi -Family Residential Zone. DATED this 11th day of September, 1974. JACK I. YOUNG AND MIRIAM J. YOUNG, husband and wife, Owners. By andel—f Shulman, Phelan, Tucker, Boyle $ Mullen Bremer Building P. 0. Box 2150 Iowa City, Iowa 52240 Attorney for Owners. FjP tii38lL STOLFLo C;TY CLERK EXHIBIT "A" In Township 79 North, Range 6 West of the 5th P.M., Section 4, a parcel of land therein described as follows: Commencing at a point. which is North 09 degrees 21 minutes Fast 85.4 feet, and North 09 degrees 06 minutes West 60 feet, and South 83 degrees 30 minutes West 690.9 feet, and South 69 degrees 41 minutes West 52.88 feet of the E 1/4 corner of said Section 4; thence South 62 degrees 39 minutes 20 seconds West 645.8 feet, thence South 48 degrees 12 minutes 10 seconds West 123.0 feet to the point of beginning; thence North 51 degrees 58 minutes 40 seconds West, 278.3 feet; thence South 45 degrees 11 minutes 30 seconds West 229.6 feet; thence South 51 degrees 45 minutes 10 seconds East, 206.7 feet to the Iowa River; thence Easterly along said River to a point bearing South 51 degrees 58 minutes 40 seconds East of the point of beginning; thence to the point of beginning; said parcel containing approximately one and one-half acres. r I HAYEK, HAYEK & HAYEK WILL I. MAY CR ATTORNEYS AT LAW AREA Coo[ OID ' JOHN W. M•Y[R ,m EASY WASHING70N sr a[[r 337.9606c. PETER M•YCR IOWA CITY. IOWA 52240 November 8, 1974 The Honorable Alayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Ordinance to Rezone "Old" Elks Country Club Properly Mayor and Council Members: Recently you requested a report from me on the implications, if any, of the Amerex case on the application by Aliriam J. Young to rezone the old Elks Country Club property from R -1-A to R-3. In my opinion the Amerex case does not limit your options in connection with the Elks Country Club propertyand you are free to treat the question of rezoning as your judgment dictates. The Elks Country Club properly was a part of a 1965 annexation along with the Amerex property and other property. It was therefore taken into the City and zoned R -1-A without a public hearing. However, if you will recall, earlier this year a public hearing was held on the zoning of the Elks Country Club property at which time you reaffirmed the R -1-A zoning category. It therefore seems to me that any argument that the R -1-A category is void for lack of public hearing is without merit. Another potential argument favoring zoning of the property R-3 would be, as I understand it, that the owner made certain improvements and alterations in the property in reliance on previous county zoning. However, due to the considerably different factual background involved here I do not think that the Amerex case•would be controlling on that point. Also I believe that this case is sufficiently different from the Vivian Smith case so that it would also not be controlling of Council decision in this matter. To summarize, I believe that the Council is free to follow your own judgment as to the most reasonable and appropriate zoning category for this property without being limited by the Amerex or Smith cases. JW H:vb Respectful] sub lilted, NOV 81974 h W. Haye' ABBIE STOLFUS 1' �� h t b,fi -T CITY CLERK ar t41--im r, Page 4\ a Council Minutes November 19 1974 ,r t It was moved by deProsse find seconded by Davidsen that the rules :b and the second reading of the Ordinance to .".,,_,Rezone=a:'Tract of, Land Owned by Alvin Streb to an Ml Zone be given .byy title only „.Upon roll call deProsse, White, Brandt :'.Czarnecki- Davidsen voted 'aye'. Motion carried and second reading:given by title only. ``` It,was,.moved by deProsse and seconded by Davidsen that the ;: .,•`• rules be_siuspended and'the third reading of the Ordinance to rezone ;one Old.Olks Country Club from R1A to R3 Zone be given by title y:,'.: ;Upon roll call Davidsen, deProsse, White, Brandt and J:'Czarnecki voted 'aye'. Motion carried, It was moved by deProsse secondedand Hayek advised bthat ainthis awritten nrreport of November 8th, he had f .advised that the Council was free to zone the property to whatever I zone they thought was most appropriate, and had not discovered anything during further investigation to change his view. He discussed the building permit issued. Attorney Dan Moyle appeared for the applicant. Lyle Fisher, Johnson County Health Director ! appeared and advised i-be—C-ouncil that he could not issue sewer i I permits for the 18 units for septic tanks, that selvage would have I of,tdisposed-of heOrdinance, Czarnecki,yDavidsen, deProsse kand oWhitepvoting �.'no', and Brandt voting 'aye'. Motion did not carry 1/4, movedIt was the OrdinanceAmendiWhite ngthe Municipal dCode ed yofaIowa eCity byfAdopt- ing the Latest Edition of the National Electrical Code with Certain Additions and Amendments Thereto: Repealing Chapter 9.20 and Enacting a New Chapter in Lieu Thereof and the Ordinance to Amend the Municipal Code by Amending Section 9,20.1 and to Adopt by'Reference the 1975 National Electrical Code. Motion carried. It was moved by Brandt and seconded by deProsse to adopt the Resolution Authorizing the Mayor's Signature on Agreement Between Will J. Hayek and Marjorie B. Hayek and the City of Iowa City providing for City use of'Hayek property by the City for public parking for City sponsored Brown Street playground events. Upon roll call Czarnecki, Davidsen, deProsse White ;`. Brandt voted 'aye'. Motion carried. ' ' The following resolutions initiate the 1974 Sanitary Sewer Improvement Project: It was moved by Brandt and seconded by deProsse to adopt the Resolution Setting Public Hearing on the Resolution of Necessity for December 10, 1974 at 7:30 P.M. in the Council Chambers. Upon roll call Davidsen, deProsse, White, Brandt, Czarnecki voted 'aye'. Motion carried. It was moved by r 11 Item �: A resolution to rezone the Old Elks Country Club from R1A to R3. deProsse: Mayor: Moved by deProsse, seconded by Davidsen and give the order it's third reading by title only. White yes Brandt - yes Czarnecki - yes Davidsen yes deProsse yes. An ordinance amending Zoning Ordinance 2338 by changing the use regulations of certain property from RIA to R3 zone. a deProsse: I move that the ordinance be adopted. Mayor: Moved by deProsse. Seconded by Brandt that the ordinance be adopted. Does the City Attorney have additional information as requested? Hayek: Yes, Mr. Mayor. If you'll recall I filed with a written report and I'm trying to find the exact date on it - November 8th - indicating that I felt that the Council was free to zone this property whatever zone you felt was most appropriate following your consciences insofar as this building is concerned. Following that I asked additionally to check out some additional items. I have done so and I do not believe that there is anything that I have discovered or, I should say, we have discovered, in cooperation with the City Manager, that would change the view that I expressed in my letter to you of November 8th. Briefly, I can relate the questions of the building permits and this type of thing to you as just by way of back- ground. We have copies of two building permits for this property that were issued in October of 1964. One is a $5,000 building permit, that is to say, the estimated cost of the improvements is $5,000 and was issued on October 23, 1964 and attached to the permit were plans showing the roughed -in of some apartment units. Davidsen: About how many apartments is there? Hayek: You can't tell exactly. It appears to about 10 units, Penney, _. but you can't tell exactly how many units at this point. At least I can't tell. On the 30th of October there was also issued a permit for a separate building, a separate apartment building of some three stories, consisting of some 36 units, which permit was never, to the best of our knowledge, it was never followed-up on or acted upon in any way. None of the CEDAR RAPIDS • DES MOINES Boyle Hayek: Boyle: a There is a third floor, John. That was two units. I don't see anything more about that. I don't think you should go completely by records of the county. Mayor: The question is - the key question - does anyone have authority regardless of the rezoning to complete 18 units or not. i Hayek: Mr. Mayor, if I may be permitted to hazard a prognosis here based upon incomplete information and kind of a hunch, my prognosis would be - that's not the right word - but, that the Young's would probably have the right to complete all or a substantial part of the units described in its original permit because as I understand it, they did commence construction y/ a within a year subsequent to the issuance of the permit. Now, that does not take care of all the questions because we still have the questions as to when we say complete are we talking about complete in accordance with our City codes and I think there would be many codes that would apply. That's all I can really do tonight. In regard to other cases that you have. .as I gather Mayor: - rom your interpretation, because there is no hint that thein fact not only do we have to give the permit to let them complete ; the work they have begun bOt actually [as the case of V. Smith stated], couple that with, the appropriate zoning so it would not be in nonconforming use. j Hayek: Sir, I do not believe that the facts in this case and in the Smith case are similar or sufficiently similar to have the Smith case apply here. In other words, what I'm saying it is my view that what you say does not apply. ? Sir, how do they propose and admittedly this a little different from the zoning question but they are in some respects related. How do they propose to handle the sewage? ; Hayek: I do not know. That question has arisen and I have no idea I who you might address that to. t.. ? Large septic tank on the property _. ? That are existing now? It's obviously not a sewer, I don't ; _ think. 1 , 1 ti we WnufifrT u MINUTES AFFIRMATIVE ACTION TASK FORCE CITY MANAGER'S CONFERENCE ROOM OCTOBER 21, 1980 MEMBERS PRESENT MEMBERS ABSENT: STAFF: GUEST: Eggers (late 9:56 A.M.); Keating; Marcus; McCartt; Meisel; Miller (left 10:30 A.M.); Orelup; Yates (late 10:44 A.M.). Kucharzak. Carroll; Helling; Morris; Woito. Eisenhofer (left 10:00 A.M.). p RECOMMENDATIONS TO CITY COUNCIL: To review the Affirmative Action Police Package which will be presented.by —. the Task Force at a scheduled informal meeting and provide a forum for discussion. I-. RECOMMENDATIONS TO CITY MANAGER AND STAFF: To have a meeting with Berlin to discuss the Affirmative Action Policy before its formal presentation to City Council. SUMMARY OF RELEVANT DISCUSSION: 1. The meeting was called to order at 9:40 A.M Meisel. 2. 3. 4 by Chairperson, Bette Review of the Minutes. The minutes of October 7, 1980 were approved as read. r Representative from Purchasing. Eisenhofer informed the Task Froce that the "Purchasing Manual" effective 9/1/80, makes an effort to inform all vendors of the City's affirmative action policy. The manual has a detailed outline of CDBG requirements and the necessary procedures for contract compliance. HelIing stated that the Civil Rights Specialist. will be focusing on the Minority Business Enterprise Program. Discussion of Pages 3 and 4 of the Affirmative Action Policy Draft: The Task Force decided to move the section on Contract Co ,!iance- to the Introduction of the policy. Woito will edit this sertion for consistency in language and direction. Discussion of Substantive Affirmative Action Policy Draft Chanrrs: Several changes were made and discussed. Worto well urlil. l.he final draft for distribution. i I ao74 ez;-! MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i I I R MINUTES AFFIRMATIVE ACTION TASK FORCE CITY MANAGER'S CONFERENCE ROOM OCTOBER 21, 1980 MEMBERS PRESENT MEMBERS ABSENT: STAFF: GUEST: Eggers (late 9:56 A.M.); Keating; Marcus; McCartt; Meisel; Miller (left 10:30 A.M.); Orelup; Yates (late 10:44 A.M.). Kucharzak. Carroll; Helling; Morris; Woito. Eisenhofer (left 10:00 A.M.). p RECOMMENDATIONS TO CITY COUNCIL: To review the Affirmative Action Police Package which will be presented.by —. the Task Force at a scheduled informal meeting and provide a forum for discussion. I-. RECOMMENDATIONS TO CITY MANAGER AND STAFF: To have a meeting with Berlin to discuss the Affirmative Action Policy before its formal presentation to City Council. SUMMARY OF RELEVANT DISCUSSION: 1. The meeting was called to order at 9:40 A.M Meisel. 2. 3. 4 by Chairperson, Bette Review of the Minutes. The minutes of October 7, 1980 were approved as read. r Representative from Purchasing. Eisenhofer informed the Task Froce that the "Purchasing Manual" effective 9/1/80, makes an effort to inform all vendors of the City's affirmative action policy. The manual has a detailed outline of CDBG requirements and the necessary procedures for contract compliance. HelIing stated that the Civil Rights Specialist. will be focusing on the Minority Business Enterprise Program. Discussion of Pages 3 and 4 of the Affirmative Action Policy Draft: The Task Force decided to move the section on Contract Co ,!iance- to the Introduction of the policy. Woito will edit this sertion for consistency in language and direction. Discussion of Substantive Affirmative Action Policy Draft Chanrrs: Several changes were made and discussed. Worto well urlil. l.he final draft for distribution. i I ao74 ez;-! MICROFILMED BY - JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i 1 Affirmative Action Task Force October 21, 1980 Page 2 6. Compile Recommendations to the City Council: A recommendation regarding the Human Rights Ordinance will be presented to Council. "One time review of the Affirmative Action Plan by the Task Force will also be presented as a recommendation. There was discussion on the recruitment funds. It was decided to present the idea of having a central advertising fund managed by the Human Relations Department with chargebacks to departments. The proposed dollar figure for the fund will be presented at the budget hearings. /. Consider Presentation to City Council: It was decided that it would be appropriate to show the slide presentation "The Tale of 0" to Council at an informal meeting, in conjunction with the discussion of the draft of the Affirmative Action Policy. 8. The meeting was adjourned at 12:10 P.M. The next meeting is scheduled ' for November 4, 1980, City Manager's Conference Room, 10:00 A.M. f' "r i, i 1 Affirmative Action Task Force October 21, 1980 Page 2 6. Compile Recommendations to the City Council: A recommendation regarding the Human Rights Ordinance will be presented to Council. "One time review of the Affirmative Action Plan by the Task Force will also be presented as a recommendation. There was discussion on the recruitment funds. It was decided to present the idea of having a central advertising fund managed by the Human Relations Department with chargebacks to departments. The proposed dollar figure for the fund will be presented at the budget hearings. /. Consider Presentation to City Council: It was decided that it would be appropriate to show the slide presentation "The Tale of 0" to Council at an informal meeting, in conjunction with the discussion of the draft of the Affirmative Action Policy. 8. The meeting was adjourned at 12:10 P.M. The next meeting is scheduled ' for November 4, 1980, City Manager's Conference Room, 10:00 A.M. f' "r I I ,I i i i 1 Affirmative Action Task Force October 21, 1980 Page 2 6. Compile Recommendations to the City Council: A recommendation regarding the Human Rights Ordinance will be presented to Council. "One time review of the Affirmative Action Plan by the Task Force will also be presented as a recommendation. There was discussion on the recruitment funds. It was decided to present the idea of having a central advertising fund managed by the Human Relations Department with chargebacks to departments. The proposed dollar figure for the fund will be presented at the budget hearings. /. Consider Presentation to City Council: It was decided that it would be appropriate to show the slide presentation "The Tale of 0" to Council at an informal meeting, in conjunction with the discussion of the draft of the Affirmative Action Policy. 8. The meeting was adjourned at 12:10 P.M. The next meeting is scheduled ' for November 4, 1980, City Manager's Conference Room, 10:00 A.M. f' MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ,I I r F«. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES