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HomeMy WebLinkAbout1982-06-22 Regular MeetingJ (JRM h1 .f:RGSI + r f �l.} 1J •4410JJ1 ', < ." _4' IV i J� J'r I P �7i � 3G e r l >r x�» oy . l {{ Ff� i Ly t r �_.. > ♦ : ttr >y \ ti t h r + Itltti t r I�- �'1�'tifi+y. 7irG J f ( , 1 ~ '• 1 1 }' y fie' , J... �A�r S`Wl J I`ktr too All 9 MICROFILMED BY -JORM MIC RL -AB` h..� CEDAR RAPIDS DES'MOINES � ROLL CALL Regular MEETING OF June 22. 19A2 7:30 P.M. I PRESENT ABSENT BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER ✓ PERRET i ✓ MICROFILMED BY -JORM MIC RL -AB` h..� CEDAR RAPIDS DES'MOINES � r COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 22, 1982 Iowa City Council, reg. mtg., 6/22/82, 7:30 P.M., at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Staffinembers present: Berlin, Melling, Jansen, Boothroy, Franklin, Farmer, Meisel, Davidson, Stolfus, Karr. Council minutes tape recorded on Tape 82-12, Side 2, 795-2537. Mayor Neuhauser presented plaques to the top students and supervisors involved with the Mayor's Youth Employment Program during the /n/i 1981-82 school year. The students receiving the award were: Larry Anderson, who worked at Veterans Hospital; Sara Carson, who worked at United Action for Youth; and Charles Coon, who worked at the Iowa City Public Library. The supervisors receiving rewards were: Art Tellin and his staff at the University of Iowa Physical Plant; and Cassandra Ekemen of the Mark IV Community Center. The Mayor also commended the Mayor's Youth Coordinator, Jack Robinson, on his fine work. The Mayor proclaimed June 1982 as Iowa River Month; July 1982 as h914_ Human Rights Month; and June 30, 1982, as a Day of Tribute for Don Strub. Z 1 7 The City Clerk announced three additions to the Consent Calendar: 1-12le 4b.(7) Conference Board minutes; 4c.(15) refund of a portion of a Liquor License; and 4h.(7) Petition from owners in College Hill Park area. Moved by Perret, seconded by Dickson, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions, reg. mtg., 6/8/82 and spec. mtg., of 6/14/82, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. -6/10/82; Civil Services Comm. -5/25/82 & 6/9/82; Bd. of Library Trustees- in,21 5/27/82; Housing Appeals Bd.-5/11/82; Rules Comm. -6/8/82; City, Conference Bd.-5/20/82. Permit motions and resolutions as recommended by the City Clerk: Approving Class C Liquor License for Gabe's EECH, Inc. dba n r Gabes, 330 E. Washington St. Approving Class C Beer Permit and Sunday Sales for Walgreen Co. dba Walgreen's, 1646 Sycamore._LQ '( Approving Class C Beer Permit and Sunday Sales for Don -Jay Services, Inc, dba 1st Avenue Kerr-McGee, 2229 Muscatine. Approving Class C-1,922 Beer Permit for MCRO, Inc. dba Whiteway Supermarket, 212 S. Clinton. Approving Class C Liquor License for Lawrence A. McNerty dba Sycamore Eating & Drinking Co., Sycamore Mall. Approving Class C Liquorle9'If License and Sunday Sales for American Legion, Roy L. Chopek Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue. Approving Class C Liquor License and Sunday Sales for Warren & Leah Cohen dba Diamond Dave's Taco Company, Inc., Old Capitol Center #279. Approving Class C Liquor License for Fraternal Order of Eagles, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS DES MOVIES 1 J r C ncil Activities aune 22, 1982 Page 2 City Aerie #695 dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy. #1 SW. Refunding a portion of a Class C Beer Permit. la3q Recommending that the State Beer & Liquor Control Department cancel the Sunday Sales Permit issued to Jeff & Dad Enterprises, Inc. dba !n Sub 'N' Suds, 208 N. Linn Street. Refunding a portion of a Class C io.3S Liquor License. RES. 82-142, Bk. 73, pp. 607-608, ISSUING CIGARETTE in a PERMITS. RES. 82-143, Bk. 73, p. 609, ISSUING DANCING PERMITS._ Approving Special Class C Beer -Wine License and Sunday Sales for The Breadbasket Corp. dba The Breadline, 325 E. Washington St. Refunding Jam? a portion of a Class C Liquor License. /` ?O Petition for suspension or remission of taxes on account of aged for Opal D. Hochstetler. Motions: Authorizing the City Engr. to sign an IDOT application for utilities right-of-way to Iowa -Illinois Gas and Electric Company_// for Highways 1, 6, and 218. Authorizing the City Engr. to sign an IDOT application for utilities right-of-way to Iowa -Illinois Gas & le Z Electric Company for Highways 218 and 6 and South Riverside Court. Resolutions, Bk. 73: RES. 82-144, p. 610, ACCEPTING THE WORK ON THE RENOVATION OF THE AIR CONDITIONING AND HEATING SYSTEMS AT THE // rp-? CIVIC CENTER, POLICE AND FIRE DEPARTMENT BUILDING, DONE BY JONES, OF IOWA CITY, IOWA. RES. 82-145, pp. 611-612, ACCEPTING THE WORK FOR THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT AS CONSTRUCTED BY NORTH /ZIP IOWA CONTRACTORS, INC. of Manchester, Iowa. Setting public hearings: RES. 82-146, Bk. 73, p. 613, TO SET A PUBLIC HEARING FOR 7/6/82 ON PLANS, SPECIFICATIONS, FORM OF_19-I CONTRACT, AND ESTIMATE OF COST FOR THE FY83 ASPHALT RESURFACING PROJECT. RES. 82-147, Bk. 73, p. 614, TO SET A PUBLIC HEARING ON le yG PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE COST FOR THE FY83 LANDFILL EXCAVATION PROJECT. RES. 82-148, Bk. 73, pp. 615-616, TO SET A PUBLIC HEARING ON 7/6/82 ON DISPOSITION OF PUBLIC PROPERTY, /00127 to Mercy Hospital. Correspondence: Tim Brandt re proposed building moratorium. Larry Baker re proposed building moratorium. John Moreland, Jr. & y9 submitting names of property owners opposed to any zoning change in,10��� College Hill Park. Charles Eble re renovation of Dubuque Street ins/ between Iowa Avenue and Washington Street, referred to the City Manager for reply. Steven Hansen re proposed noise ordinance,_CO�Z' referred to the City Manager for reply. Petition filed June 18, 1982, from owners in College Hill Park area opposing any rezoning. /05 3 Bd. of Directors of the Iowa City Hospice re hospice program, oto referred to the City Manager for reply. Applications for use of streets and public grounds: World Peace Group for use of Blackhawk Minipark on 6/6/82, approved. Melanie Sherwood for use of sidewalk for a performance on 6/5/82, approved.._Zd5� Iowa City Striders for a Sun Run on 6/12/82, approved. El 10u1J . Salvador/Central America Solidarity Committee for the use of Blackhawk Minipark on 6/12/82 and 7/12/82, approved for distribution of literature only. iiicRor ILM[9 BY CORM MIC R(iIL AB 1 i CEDAR RAPIDS DES I401YES ' I 1 .ncil Activities uune 22, 1982 Page 3 Councilmember Lynch noted the correction of the engineer's estimate for the FY83 Asphalt Resurfacing Project to read $437,600. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor /GS9 declared the motion carried and repeated the public hearings as set. A public hearing was held to consider a proposed ordinance to rezone approximately 1.47 acres located west of Scott Boulevard between —Z'-24�5a-- Muscatine Avenue and Court Street to RIB. No one appeared. A public hearing was held to consider a proposed ordinance to rezone approximately 37.36 acres known as the Ralston Creek South Branch--Zace/ Stormwater Detention Basin located east of Scott Boulevard and south of Court Street to R1A. No one appeared. Moved by Balmer, seconded by Perret, to adopt RES. 82-149, Bk. 73, pp. 617-627, TO ANNEX APPROXIMATELY 46.85 ACRES OF LAND ALONG AND INCLUDING THE SCOTT BOULEVARD RIGHT-OF-WAY, SOUTH OF COURT STREET, AND THE. RALSTON CREEK SOUTH BRANCH STORMWATER DETENTION BASIN. Councilmember Erdahl noted he would vote for this resolution but it did not reflect a change on his position against Scott Boulevard. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to set a public hearing for 7/20/82 on a final Planned Area Development (PAD) plan of Walden Wood, Part 1, located in the northwest quadrant of the intersection of Mormon /n 3 Trek Boulevard and Rohret Road. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, to adopt RES. 82-150, Bk. 73, pp. 628-630, APPROVING THE PRELIMINARY AND FINAL AMENDED LSRD PLAN AND '"' ✓ PRELIMINARY AND FINAL SUBDIVISION PLAT OF BENTON MANOR, LOCATED SOUTH OF _AO -7 BENTON STREET AND EAST OF THE HILLSBORO APARTMENTS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to delete the two areas of S. Johnson south of Court Street and S. Dodge south of Bowery from the interim ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code (College Hill Park Area). E.H. Borchardt, 516 S. Dodge, appeared for discussion. The Mayor declared the motion to delete the two areas carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Perret, that the rule requiring that ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82- 3064, Bk. 19, pp. 65-67, AN INTERIM ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY in. LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A 14AXIMUM OF SIX MONTHS PENDING A DECISION TO REZONE ALL OR PART OF THE AREA, as amended, be voted on for final passage at this time. Rosalea Furman, 1440 E. Bloomington, and Bob Hess, 515 S. Dodge, appeared for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared MICROFIL14ED By J JORM MICROLAB J j CEDAR RAPIDS • DES MOINES i r ncil Activities dune 22, 1982 Page q e motion arried. Motion ordinance becfinally adopted atythisltime seconded by Perret, that the call vote unanimous, 7/0, all Councilmemberss amended. Affirmative roll the ordinance adopted as amended. Moved b Present. The Mayor declared to accept and place on file the correspondence efrom James Dixon supporting the moratorium. The Mayor declared the motion carried unanimousld by y, all Councilmembers present. Y. 7/0, Moved by Lynch, seconded by Balmer, that the rule requiring ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it that suspended, that the first and second consideration and votes to be waived and that ORDINANCE NO. 82-3065, Bk. 19 finally Passed be THE ZONING ORDINANCE PROHIBITING P OFF-STREETENVEHICULAR SECTIONDING PARK NG 5 IN l LOCATIONS OTHER THAN VALID PARKING SPACES, be voted on for final at this time. Affirmative roll call vote unanimous, Councilmembers present. The Mayor declared the motion carried, passage Lynch, seconded b 7/O> all y Dickson, that the ordinance be finally adopted Mate his present. fThemMayor declared the oall r dinance adopte ted. ' all Councilmembers Moved by Erdahl, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which time it is to be finally suspended, that the first and second consideration and vote be waived and that ORDINANCE N0. 82-3067 passed be 8.10.28.C,D,F. and 8.10.28BH.11(a)PPAND2-76 8.10A29.AING SECTIONS 8.10.36 O ME ORDINANCE CONCERNING THE INTERPRETATION OF THE ZONING ORDINANCE, b 8 OF THE e voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Perret, that the ordinance be finally adopted Co this time. Affirmative roll call vote unanimous, 7/0 all Councilmembers present. The Mayor declared the ordinance adopted. Harold Becktoldt, 1152 E. Court, appeared extending his appreciation Ze for the traffic lights installed at the intersection of Gilbert & Iowa !Ir Ave. John Suchomel, 330 E. light. Washington, also thanked Council for the1Q�9_. McDonald called attention to a traffic safety hazard at the inter- section of Governor St. and Dodge, where trees block the driver's vision. /�90 Berlin advised that staff would pursue avenues available. also advise when the Mobile Home ordinance will be Perret questioned when Council would be Berlin will Deparmtent Store and the discussed again. __[D9L prospectus for theproposed the bids far the Manager stated that a draft of the Proposed hotel. The City 172 meet with Armstrong's soon, to discuss the construction date. The date of Wilthe hotel prepared. Staff will for the department usto el construction. then be langed fterhtheacoordinating ec mmii has reviewed the materials, they will be distributed to Council for consideration,tte MICROrILIAED RY i i JORM MICROLAS ' j CEDAR RAPIDS • DES MOI IES J ,ncil Activities ...ne 22, 1982 Page 5 Mayor Neuhauser called attention to the article in the Press -Citizen regarding a staff comment that the plans for the new sewage treatment_LC7 plant call for a plant bigger than is needed. She pointed out receipt of the letter from the staffinember clarifying the conversation held with the reporter, and requested a clarification be put in the Press -Citizen. Reporter Campbell advised that he would answer the letter. Dickson called attention Van BurenSt. Berlin saiild he hadaddiscussedathis gwithnPublictWorks, andlog Ralson Creek onthat department would have a report back soon. Lynch asked when the bids on the Old Library would be discussed by Council. Berlin replied that each—/ bidder had been asked for additional information, to be submitted by July 1st. Balmer requested that, as the Board of Supervisors are still interested in using the building, that the City inform them, one way or another, of the status of their request. Perret felt that if neither bid was accepted, that the City should retain the building for City purposes, as it also has a space problem. Erdahl asked that the Board be informed of the status of their request after the information is received from the bidders, and is discusesd by Council. Neuhauser corrected a statement that appeared in the Daily Iowan. She did not say that the City would de - annex the County Home, but suggested that maybe she did not make it clear le76 to the reporter. The City Manager called attention to the Ordinance added to the Agenda regarding amending Section 24-84, Use of the River, to allow the City Manger to issue a permit for a waterski show as requested by the Jaycees for the July Fourth celebration. Moved by Balmer, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3066, Bk. 19, pp. 70-71, AMENDING SECTION 24-84 OF THE CODE OF ORDINANCES OF THE CITY OF. /G 77 IOWA CITY, IOWA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ordinance be finally adopted at this time.. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Jaycee President Skip Wells thanked Council for their cooperation. Moved by Erdahl, seconded by Lynch, to adopt RES. 82-151, bk. 73, pp. 631-643, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY AND ASSOCIATES FOR RESIDENT PROJECT INSPECTION SERVICES, SURVEYING SERVICES, AND TESTING ,L SERVICES ON THE NORTH BRANCH DETENTION DAM. THE NOT -TO -EXCEED ON THESE SERVICES IS $54,600. Councilmember Perret questioned if CCN would be reallocating the monies resulting from this under bid. City Mgr, stated they would after the first of the year. Affirmative roll call vote unanimous, 7/0, all Councilmembers resent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by McDonald, to adopt RES. 82-152, Bk. 73, p. 644, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE NORTH BRANCH DETENTION STRUCTURE. 1n 7 9 nIcpor ILMED By JORM MICROLAB CEDAR RAPIDS - DES !4D19ES J r icil Activities June 22, 1982 Page 6 (PHASE I), RALSTON CREEK STORMWATER DETENTION PROJECT TO BARKER'S INC, OF IOWA CITY, IOWA, for $501,853. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 82-153, Bk. 73, pp. 645-657, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN io3U AGREEMENT WITH SOUTHGATE DEVELOPMENT COMPANY, INC.; BRAVERMAN DEVELOPMENT, INC.; MAD CREEK DEVELOPMENT CORPORATION; AND FIRST NATIONAL BANK OF MUSCATINE re stormwater detention requirements. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Erdahl, to adopt RES. 82-154, Bk. 73, INC. FOR 6RENTALAUTHORIZING FI STTHE FLOORMAYOR CENTER, DAVISLEASE BUI DING FORWASHINGTON HOUSING leY ASSISTANCE PROGRAM OFFICE SPACE, 7/1/82 through 6/30/85. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-155, Bk. 73, pp. 664-669, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND HAWKEYE CAB COMAPNY OF IOWA CITY FOR /O4y- FY83 SEATS SUPPLEMENTAL TAXI SERVICE. Affirmative roll call vote unanimous, 7/O, all Councilmembers present. The Mayor declared the resolution adopted. Asst. City Mgr. Helling noted the requested change to Section 1, Provisions: N2, amount should read $25,000, as distributed. Moved by Dickson, seconded by Perret, to adopt RES. 82-156, Bk. 73, p. 670, APPROVING AND FORMALLY ADOPTING A CONTRACT COMPLIANCE PROGRAM FOR THE CITY & OF IOWA CITY, as amended. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-157, Bk. 73, pp. 671-678, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE JOHNSON lege COUNTY SEATS PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Perret, to adopt RES. 82-158, Bk. 73, pp. 679-685, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND ELDERLY SERVICES AGENCY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Jays Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Perret, to adopt RES. 82-159, Bk. 73, pp. 686-692, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE AMERICAN ASSOCIATION OF RETIRED PERSONS FOR THE LEASE OF SPACE AT THE IOWA CITY zlar - SENIOR CITIZENS CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. I.11 f,Rnf ILIAED AY JORM MICR6LAB CEDAR RAPIDS DES NOIAES 1 J r L ncil Activities one 22, 1982 Page 7 Moved by Perret, seconded by McDonald, to adopt RES. 82-160, Bk. 73, pp. 693-694, AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO AMEND THE MAXIMUM INCOME GUIDELINES UNDER THE HOUSING REHABILITATION FORGIVABLE AND LOW--z10-1z- INTEREST LOAN PROGRAM. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-161, Bk. 73, pp. 695-701, RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE /OQ.Q CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT). Plant Manager Martin Kelly appeared for discussion and he advised Council of additional employees hired. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-162, Bk. 73, pp. 702-708, AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT), OF THE CITY OF IOWA CITY, .0.r9 IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF A NEW HOSPITAL WING AND THE RENOVATION AND EQUIPPING OF THE EXISTING HOSPITAL FACILITIES OF SAID HOSPITAL AND DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Neuhauser, Balmer, Lynch, McDonald. Nays: Perret, Dickson, Erdahl. Moved by Balmer, seconded by Dickson, to adopt RES. 82-163, Bk. 73, p. 709, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1983 BEGINNING JULY 1, 1982, for the City Manager -$49,695; City Clerk -$27,562; r� o and the City Atty.-$44. an hr. for legal work except litigation and $49. an hr. for litigation. Councilmembers expressed appreciation for the dedication of these employees. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Dickson, to adopt RES. 82-164, Bk. 73, p. 710, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR Jo L ADMINISTRATIVE EMPLOYEES. The City Mgr. pointed out that the money had been approved in the budget. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Perret, to adopt RES. 82-165, Bk. 73, p. 711, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR CONFIDENTIAL_/Z,2� EMPLOYEES. Individual Councilmembers discussed the procedure used during the process. Confidential employee Joan Jehle appeared. The Mayor I41f,R0FIU4FO RY JORM MICROLAB CEDAR RAPIDS DES MOINES J 7 ncil Activities June 22, 1982 Page 8 declared the resolution adopted, 6/1, Iaitl: the following division of rol call vote: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: Erdahl. Moved by Lynch, seconded by Erdahl, to adopt the following resolutions: RES. 82-166, Bk. 73, pp. 712-715, AUTHORIZING THE MAYOR TO 1n`/-3 EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE BIG BROTHERS/ SISTERS PROGRAM OF JOHNSON COUNTY (formerly PALS), funding amount $18,100; RES. 82-167, Bk. 73, pp. 716-719, AUTHORIZING THE MAYOR TO.1o9 EXECUTE A CONTRACT FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER, funding amount $6,600 for services and $7,130 for Emergency Assistance Program; RES. 82-168, Bk. 73, pp. 720---2e.f 723, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE DOMESTIC VIOLENCE PROJECT, funding amount $7,500; RES. 82-169, Bk. 73, pp. 724-728, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR12915. ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, funding amount $23,000; RES. 82-170, Bk. 73, pp. 729-732, /199 AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM, funding amount $23,000; RES. 82-171, Bk. 73, pp. 733-735, AUTHORIZING THE MAYOR TO 109.57 EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM, funding amount $8,154; RES. 82-172, Bk. 72, pp. 736-740, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH, funding amount $32,000; RES. 82- 173, Bk. 73, pp. 741-744, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR 11,20 NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK NEIGHBORHOOD CENTER, funding amount $6,900; RES. 82-174, Bk. 73, pp. 745-747,1/01 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY82 CONTRACT AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, to provide max. of $500 for lawn mowing services. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-175, Bk. 73, p. 748, INCREASING THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE ON //o Z COMMUNITY NEEDS FROM TWO TO THREE YEARS. Councilmember Erdahl reported that the Rules Committee recommended this change. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, that the ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW SECTION 5-10 TO THE CODE OF ORDINANCES OF THE -[/� CITY OF IOWA CITY, IOWA, re closing hours for beer/liquor establishments, be considered and given first vote for passage. The Mayor declared the motion to consider carried, 7/0, all Councilmembers present. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, that the ORDINANCE TO AMEND THE CODE OF IOWA CITY, ARTICLE II, TAXICABS, be considered and given second 11,91 vote for passage. The Mayor declared the motion to consider carried, 7/0, all Councilmembers present. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. i 14ICRDFIEI4ED By J JORM MICR46LAB I CEDAR RAPIDS • DES 1401"IES r ncil Activities June 22, 1982 Page 9 Mayor Neuhauser reported on informal session discussion re amendments to the Noise Ord., and setting a 30 -day grace period before enforcement of complaints on loud parties, stereos and barking dogs. Moved by Balmer, seconded by Lynch, to amend the noise ordinance in Sec. 24.1-3, two amendments suggested by the University, and change of wording in Sec. 24.1-6 to wording used in 24.1-5, as stated in the City Manager's memo. The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Balmer, that the rule requiring that ordinances must be considered and voted on for Passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and THE vote CODE wOFIOWA AMENDING ved Dd that ORDINANCE NO. CITY BY ESTABLISHING B 9 CHAPTER 24-11NOISE ?as9amended, be. voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with Erdahl voting "no". Moved by Dickson, seconded by Perret, that the ordinance be finally adopted at this time. The Mayor declared the motion carried and the ordinance adopted, 6/1, with the following division McDonald, of roll cvote: Neuhauser,Perret. Nays all Erdahl. Mov da byeErdah�lcksecond seconded Dickson, to receive and place on file the letter from Casey Mahon, Assoc. Vice-president of the University of Iowa. The Mayor declared the motion carried unanimously, 7/0. Moved by Balmer, seconded by Perret, to adjourn 9:30 P.M. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. MARY C. NEUHAUSER, MAYOR ABBIE STOLFUS, CITY CLERK i MICRoriLMED BY -CORM MIC RdLAB CEDAR RAPIDS • DES MOIRES � r City of Iowa City MEMORANDUM DATE: June 18, 1982 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from the City Manager regarding a ski show. Copy of letter from the City Manager to Iowa -Illinois Gas and Electric Company regarding gas and electric franchises. Memorandum from the Assistant City Manager submitting materials from the Broadband Telecommunications Commission. Memoranda from the Department of Planning and Program Development a. College Hill Park/113A Moratorium b. City/County Fringe Study Memorandum from the Director of Finance regarding funding for parking lot improvements. Memorandum from the City Engineer regarding frontage road on south side Highway 6 from Lakeside Drive to Bon -Aire Mobile Home Court entrance. Copy of news release regarding reopening of Dubuque Street and Kirkwood Avenue. Copy of letter from IDOT regarding Benton/Riverside project. MICROFILMED BY 1 JORM MIC RI CA EI CEDAR RAPIDS DES I401NES 1 IOWA CITY CITY COUNCIL %ENDA REGULAR COUNCIL MEETING OF JUNE 22, 1982 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON 141CROFILMED BY "-JORM"MIC RIJL'!CB" CEDAR RAPIDS DES fl01YES J!. r AGENDA REGULAR COUNCIL MEETING JUNE 22, 1982 Item No. 1 - MEETING TO ORDER. ROLL CALL. A 11 Pte.Ir. Item No. 2 - PRESENTATION OF AWARDS TO THREE MAYOR'S YOUTH EMPLOYMENT PROGRAM EMPLOYEES AND TWO SUPERVISORS. y,(A2yov Item No. 3 - MAYOR'S PROCLAMATIONS. a. Iowa River Month - June 1982 b. Human Rights Month - July 1982 c. Day of Tribute for Don Strub - June 30, 1982 Item No. 4 - CONSIDER ADOPTION OF CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Approval of Official Council actions of the regular meeting of June 8, 1982, and special meeting of June 14, 1982, as Published, subject to correction, as recommended by the City ClerY., b. Minutes of Boards and Commissions. (1) Airport Commission meeting of June 10, 1982. (2) Civil Service Commission meeting of May 25, 1982. (3) Board of Library Trustees meeting of May 27, 1982. (4) Civil Service Commission meeting of June 9, 1982. (5) nHousin1g Appeals Board meeting of May 11, 1982. (6) Rugesommittee meeting of June 8, 1982. C. M7) Ci7ij CouQvrlue Board., May ao, /9Q Z it motions and resolutions as recommended by the City Clerk: - (1) Consider motion approving Class C Liquor License for Gabes EECH, Inc. dba Gabe's, 330 E. Washington St. (renewal) (2) Consider motion approving Class C Beer Permit and Sunday Sales for Walgreen Co. dba Walgreens, 1646 Sycamore. (renewal) � I MICROIILMED BY " JORM MICR6LAB � j CEDAR RAPIDS • DES MOINES It r •y 1 Vc� �.i,e..u...�-dam R. i �G� /fit„ apT• Ste. /s11r I l CUI�. �icJlacyi✓ Gli.�%(�. �a-;yl. � /.liu x-.Cd2��.cQ'� ta. , — ��e�eµ.1 c d � , �O,L,Jz,&,Z, �&u . - JA,Al C / .�t�s � N'✓L. C'.Ccy� i 1.11CP.OFIL14ED BY I J I "DORM MICR+LA B' CEDAR RAPIDS DES MOVES i 7 J f� 0 City of lovva City MEMORANDUM DATE: June 21, 1982 TO: General Public FROM: City Clerk RE: Additional Items for Consent Calendar of June 22nd. r4c.(15) Consider a motion refunding a portion of a liquor license. (Felix and Oscar's) #4b.(7) City Conference Board minutes of May 20, 1982. #4h.(7) Petition filed June 18, 1982, from owners in the College Hill Park area opposing any rezoning. (fourth petition filed) 1 MICROFILMED BY `- -JORM "MICR6LAE3 , CEDAR RAPIDS DES MOVIES Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 2 Item No. 4 cont'd. (3) Consider motion approving Class C Beer Permit and Sunday Sales for Don -Jay Services, Inc. dba 1st Avenue Kerr-McGee, 2229 Muscatine. (renewal) (4) Consider motion approving Class C Beer Permit for MCRO, Inc. dba Whiteway Supermarket, 212 S. Clinton. (renewal) (5) Consider motion approving Class C Liquor License for Lawrence A. McNerty dba Sycamore Eating &Drinking Co., Sycamore Mall. (renewal) (6) Consider motion approving Class C Liquor License and Sunday Sales for American Legion, Roy L. Chopek Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue. (renewal) (7) Consider motion approving Class C Liquor License and Sunday Sales for Warren & Leah Cohen dba Diamond Dave's Taco Company, Inc., Old Capitol Center #279. (renewal) (8) Consider motion approving Class C Liquor License for Fraternal Order of Eagles, Iowa City Aerie #695 dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy. #1 SW. (renewal) (9) Consider motion refunding a portion of a Class C Beer Permit. (10) Consider motion recommending the State Beer & Liquor Control Department cancel the Sundry Sales Permit issued to Jeff & Dad Enterprises, Inc. dba Sub 'N' Suds, 208 N. Linn St. (statement of gross receipts not available) (11) Consider motion refunding a portion of a Class C Liquor License. / `/Z (12) Consider resolution issuing cigarette permits. (13) Consider resolution issuing dancing permits for Gabes, 330 E. Washington Street and I #695, 2?.5 ---=� Iowa City Aerie —_ Hwy. #1 SW. (14) Consider motion approving Special Class C Beer -Wine License and Sunday Sales for The Breadbasket Corp. dba The Breadline, 325 E. Washington St. (renewal) Ilea+k, �/.�yho �, U,.a 1',.v to /I ! Jl�',5 cn ✓a _ MICROFILMED By c ) JORM M4I ICRLAB� j I j CEDAR RAPIDS DES MO RIES r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 3 Item No. 4 cont'd. d. Consider petition for suspension or remission of taxes on account of age for Opal D. Hochstetler. e. Motions. (1) Consider motion authorizing the City Engineer to sign an IDOT application for utilities right of way to Iowa - Illinois Gas and Electric Company for Highways 1, 6, and 218. Comment: This involves replacing poles and adding span wires across 218 south of 6 and 1 due to improvements by IDOT. (2) Consider motion authorizing the City Engineer to sign an IDOT application for utilities right of way to Iowa - Illinois Gas and Electric Company for Highways 218 and 6 and South Riverside Court. Comment: This work consists of installing one pole, one anchor and three phase 13.8KV electric line and neutral wire to serve existing customer who is rewiring to a three-phase electrical system. f. Resolutions. (1) Consider resolution accepting the work on the renovation of the air conditioning and heating systems at the Civic Center, Police and Fire Department building. Comment: This resolution accepts the work done by Jones Plumbing S Heating, Inc. as stated in a contract dated on October 20, 1980. (2) Consider resolution accepting the work for the Lafayette Street Railroad Bridge project as constructed by North Iowa Contractors, Inc. of Manchester, Iowa. Comment: See Engineer's Report. g. Setting Public Hearings. (1) Consider resolution setting public hearing on July 6, /�flo 1982, on plans, specifications, form of contract, and estimate of cost for the FY83 Asphalt Resurfacing project. Comment: This project would involve the asphalt resurfacing of various streets in the city as Division I and recon- struction of the Recreation Center and Market Street parking lots as Division II. The Engineer's estimate is $937,600.00. q97 i MICROf MED RY JORM MICR6L CED AB IES. AD RAPIDS DES MOV J r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 4 Item No. 4g cont'd. (2) Consider resolution setting public hearing on July 6, / SL% 1982, on plans, specifications, form of contract, and estimate of cost for the FY83 Landfill Excavation project. Comment: The existing Landfill excavation site will be completely utilized by April 1983, and an excavation project is needed to continue operations. The Engineer's estimate is $200,000. (3) Consider resolution setting public hearing on July 6, /T 1982, on disposition of public property. Comment: A portion of Van Buren Street had previously been vacated by the City in the 1960s; to permit construction at Mercy Hospital of a nurses' residence hall. However, the title to all streets and alleys in the Original Town of Iowa City remained in the State. A patent is being obtained from the State to clear title to that portion of Van Buren Street and alley previously vacated. Mercy Hospital is now asking that the City convey its interest in this previously vacated street and alley along with the east -west alley (Block 38 Van Buren -Johnson) and the east 100 feet (east -west alley) Block 47. Patents from the State are also being obtained for these two additional areas. These latter two alleys were vacated in 1940 and 1968. h. Correspondence. (1) Letter from Tim Brandt regarding proposed building moratorium. (2) Letter from Larry Baker regarding proposed building moratorium. (3) Petition submitted by John Moreland, Jr., submitting names of 12 additional property owners who are opposed to any zoning change in College Hill Park area. (4) Letter from Charles L. Eble regarding renovation of Dubuque Street between Iowa Avenue and Washington Street. This letter has been referred to the City Manager for reply. (5) Letter from Steven R. Hansen regarding the proposed noise ordinance. This letter has been referred to the City Manager for reply. (q) Ree11f e>, - l &Mie 00 liege ll {avK ,141' 141CROFILMED BY i I' JORM MIC ROLAEI CEDAR RAPIDS DES '4019ES I i 1 Agenda Regular Council Meeting June 22, 1982 1:30 P.M. Page 5 Item No. 4h cont'd. (6) Letter.from the Board of Directors of the Iowa City Hospice regarding the hospice program. This letter has been referred to the City Manager for reply. i. Applications for the use of streets and public grounds. (1) Application from World Peace Group for the use of Blackhawk Minipark on June 6, 1982. (approved) (2) Application for use of sidewalk for performance on June 5. (approved) �•Q' ��qir S/c'y ic��l) (3) Application from Iowa City Striders for a Sun Run on June 12, 1982. (approved) (4) Application from E1 Salvador/Central America Solidarity Committee for the use of Blackhawk Minipark on June 12 and July 17 to distribute literature and to sell cookies (approved for distribution of literature only). P -A n • _ END OF CONSENT CALENDAR. Item No. 5 - PLANNING AND ZONING MATTERS. a. Public hearing to consider a proposed ordinance to rezone approximately 1.47 acres located west of Scott Boulevard between Muscatine Avenue and Court Street to RIB. Comment: The Planning and Zoning Commission, at a regular meeting held April 15, 1982, unanimously approved the rezoning of property owned by Wilfreda and Albert Hieronymus located west of Scott Boulevard between Muscatine Avenue and Court Street to RIB. This property is before the Council for voluntary annexation by resolution. Upon receipt of the approval of the annexation by the City Development Board, the Council may consider the ordinance to rezone. Action - P k) Q _n It i ) 14100FILM10 By JORRA MICRbLAB I J. 1 j CEDAR RAPIDS DES h1015ES i � I r r r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 6 Item No. 5 cont'd. Action - b. Public hearing to consider a proposed ordinance to rezone approximately 37.36 acres known as the Ralston Creek South Branch Stornmater Detention Basin located east of Scott Boulevard and south of Court Street to R1A. Comment: The Planning and Zoning Commission, at a regular meeting held May 6, 1982, unanimously approved the rezoning of property located east of Scott Boulevard south of Court Street and owned by the City of Iowa City. This property is before the Council for voluntary annexation by resolution. Upon roval y the Cit Development tBQord, the of the pCouncil fmay econsider�the on bordinanceyto rezone. L c. Consider a resolution to annex approximately 46.85 acres of land evard riht-of- /� �4 9q South aofnCourt Streetand ,nandhthe cRalston ott lCreek South Branch Stormwater Detention Basin. A-8201, A-8202, and A-8203. Comment: The Planning and Zoning Commission, at regular meetings held April 15 and May 6, 1982, recommended by a unanimous vote to annex approximately 46.85 acres along the eastern corporate limits of Iowa City. The proposed annex- ation includes 1.42 acres of land owned by Hilfreda and Albert Hieronymus located between the current corporate limits and the Scott Boulevard right-of-way, south of Court Street. Also included are 37.36 acres of Ralston Creek South Branch Stormwater Detention Basin and 8.07 acres of the eastern portion of the Scott Boulevard right-of-way. Legal descriptions and plot plans of the proposed annexation are attached to the resolution inJthe rcouncil packet. Action - Fin .Q ed I V', EV� I Unto t }i lnr£ dCio i, T"'�`�•` ko �. ,.•� (31J cl , ... Ic)2 � I cL � c r%�i� i 141CROFILMED BY j JORM MICROLAB J ( CEDAR RAPIDS • DES MOINES 1 J r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 7 Item No.5 cont'd. d. Consider setting a public hearing July 20, 1982, on a final Planned Area Development (PAD) plan of Walden Wood, Part 1, located in the northwest quadrant of the intersection of Mormon Trek Boulevard and Rohret Road. S-8215. Comment: The Planning and Zoning Commission, at a regular meeting held June 3, 1982, recommended approval of the final PAD, LSRD plan and subdivision plat of Walden Wood, Part 1. A public hearing is required only on the PAD plan since it is apprwillobedby approvednbyce. The resolutionRuponan ansubivsin final actionionotheat lPAD ordinance. Action - e. Consider a resolution approving the preliminary and final amended LSRD plan and preliminary and final subdivision plat /SD of Benton Manor, located south of Benton Street and east of the Hillsboro Apartments. S-8216. Comment: The Planning and Zoning Commission, at a regular meeting held June 17, 1982, recommended approval of the preliminary and final -subdivision plat and preliminary and final Large Scale Residential Development Pian of Benton Manor. This recommendation is consistent with the staff's recommendation contained in the staff report dated June 17, /n1982,1which is included in the Council's packet. Action - 0 � 1_ K. I I f. Consider an interim ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code of the City of Iowa City, by limiting construction within a designated area for a maximum of six months pending a decision to rezone all or 30611 part of the area. (second consideration) College Wil &c,%— Comment: cnComment: The Planning and Zoning Commission, at a regular meeting held June 3, 1982, recommended by a 4-2 vote approval Of this ordinance. The ordinance amends the Zoning Ordinance by limiting construction within a designated area for a maximum period of six months pending a decision to rezone all or part of the area. The Planning and Zoning Commission recommended that the designated area affected by this ordinance include the following: that area north of Burlington Street presently zoned R3A and all of the area south of Burlington Street within the R3A area as shown by the City of Iowa City zoning map and the area proposed for a density of 8-16 dwelling units per acre by the Comprehensive Plan. A copy of the proposed ordinance was included in the Council's June 8, 1982, packet. 4efj-,._ T Action - E i wuRonuaED By c JORM MIC ROLV ' � j CEDAR RAPIDS DES h1D 1YE5 1 r LF.... 1 Ir I pe -t 1'Lec �� YZe e J cvY e c� acv Ao I_ie,t��� �Vh-C �[a+.-ti-aC� La�if�cl ��V [n�-� LZ.r�-��2uy..u%•u' �c'LVN-CQiI��r-�tia.�- � c�--(.c C-L`�L�r-c �fJ-w•-C=-L�U� J L�il��•*� C7^ 1 111CROf ILIdED BY ' -DORM MICRdLAB CEDAR RAPIDS DES MOVIES I i r QA,Vz6n ie[ `� �7 �u.C-t" CA -,n dcetie� Oct Z -co-4 VZ cr - �,?e 2 7/49 G R, F - � a�,L���p G , - e a Lfi c �, e 2,x p,� lhvl �` vc, n�t� 1• p 1�Lt Q.It�LLcl.�'. Olte Vw Lk l- t eti %,ue.,� �La2t� 71-c /� � V� WV1'LpriL Q.[/w/Q ✓iLQc.O ct���1C_ N!-<l-i.�i lL�.u.S-LL-,]x . �C.l.�.., Cti�l.t'Qil.'l.[tCyC.C.n�t L�C.c'•22 � > i2C-1" iA`—I.t.-Ny' ..t/Tll iL`�c� �cw �=-l� �10 MICROFILMED By i '-JORM MICRf{/L AB�' CEDAR RAPIDS DES MOMS I� 11, J pp j1 11 AA ��V `-'.i��i� �--(.�.LIiN. �I. L�Ni-.'ij�t.` pV-ti.lii-p V�!"1'i-L 7.'�L..it/�'L%Z.l A�ln i" r-[� /�l�! CL!•!X�L�Lf� I_'VAg.'l�%CLl (��1'L(.-ic.l� GuG�. G-wV a�L.LJO�Y�[l^U ;C� ��.,�`1/L�. /U�-1�����C� • 7��� :�e� T.�.�n I•�D��D.�cCC�� —V( n n VI �L,I. �-{.�-t� CI..I.�CC/ � �pl�.�p� t�I �lnn.w n.�- i •{.°'I'"-� CSN-J_l'iu.1C Lc�h,. ' �.1�-'twI /.iZr•--�+ Lt�n-r�rl7*{Ll>+-.� (,�. J —_T—k.uOr�.L �ic.-vi•ce•A..,��i� �, I I a 00 J I VY�;Wr �• �• �t�-1-�KU `�.`"i"u � �'""�'"""'�'_' �J l�-c�1 .-�-+•-. �k o,i-T tv--A-cc ,,.� -7/0 - 1 MICROFILMED BY II JCRM MICR(SL AB- CEDAR RAPIDS •DES MOVIES I � � I i i r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 8 Item No. 5 cont'd. 9. Consider a proposed ordinance amending Section 8.10. 25 of inelocationsrothercthanovalidlparkingstreet spacesVehicular (first considers- D 6 S tion) Action - �3D 7 Action - L Comment: The Planning and Zoning Commission, at a regular meeting held April 15, 1982, recommended by a 3-2 vote approval of this ordinance. The ordinance amends the Zoning Ordinance by prohibiting parking in locations other than valid family aparking spaces, except that in the case of single- nd two-family dwellings, parking shall be permitted anywhere on the driveway. The purpose of this ordinance is explained in the memo dated March 22 1982, which was included in the Council's April 27, 1982, packet. A copy of the proposed ordinance was included in the Council's June 8, 1982, packet. Staff recommends that the Council consider waiving the three readings and passing and approving the ordinance at this time. 0, F, and-- -­­­-1-tj 'C�LlOnS ?J.IU. 8-10.28.H.I.(a) nd8.1029 A,B3of the Zoning Ordinance concerning the interpretation of the Zoning Ordinance. (first consideration) Comment: The Planning and Zoning Commission, at a regular meeting held April '15, 1982, recommended by a 5-0 vote approval of this ordinance. The ordinance amends the Zoning Ordinance by creating a "Zoning Code Interpretation Panel" and making it responsible for zoning interpretations except In the case where a decision cannot be reached by that body. In that case, the City Manager will be responsible for the final interpretation. A copy of the proposed ordinance was included in the Council's June 8 1982, packet. The staff recommends that the Council consider waiving the three readings and passing and approving this ordinance at this time. MICROTILMED BY JORM MICROLA© j CEDAR RAPIDS • DES MOINES 1/0 1 h f / '71v MICROFILMED Rr _I I I_ "DORM MIC R�LAB ICEDAR RAPIDS DES MDIYES I i 1 a-, Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 9 Item No. 6 - PUB1LIC DISCUSSSION. Ja n 2 R UQ k a-L)kt '—If,J X .r /.. n /l-lM Item No. 7 - CITY COUNCIL INFORMATION. V � \/((fi�e I e.nn g L- (L111- eil I Uu (� 4L, ! n 0 A J MCI A1. 0 -n 11 Item No. 8 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. (S,, 3-7) . I A110-11 fj�u b. CitylAttorney. 9-a/44c eL�* I4ICRDFILMFD BY j JORM MICR6LAB' 1 CEDAR RAPIDS DES MINES `L-- )-tu ( - &F,,L. V�Ct) 4ew tao min �•Ec-Wil' . �GZI/LG:� 6LY:!/J %iGE-J' %:GG,�yr'—t`ct�• E �7 Cbz%tell 124 e, r �. �I I FIICROFILHED BY JORM MICR6LAB .I CEDAR RAPIDS DES MOINES �� r n ticvu ui L w� c 7 Cen l u . cLw�T. C uL< CC -It — 2v 94"/ Va'JLI �-•"-'Cl Li �U ^ l9- G�.LCI'L� .11 hE 'CU - 6 Cd IZLtZ f • J?" I r �> c ✓ J'Z2G� ( -yam•%��-y-r,�. ��,�,,•_ �,���- �Gu,.� O��c��4 (i Cir••-�!�a.�f�L Lo>�Gz�� :� a _2 I 141CROFILMED BY 1 I "-JORM MICR LAB c ~ CEDAR RAPIDS DES MOVES J S 14�7i i I i I MICROFILMEO RY -JORM MICRdLAB- ! -1 CEDAR RAPIDS DES MOINES j IL I I r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 10 Item No. 9 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY AND ASSOCIATES FOR RESIDENT PROJECT INSPECTION /_57 BRANCH SURVEYING SERVICES, AND TESTING SERVICES ON THE NORTH BRANCH DETENTION DAM. THE NOT -TO -EXCEED ON THESE SERVICES IS $54,600.00. Comment: The Iowa Natural Resources Council requires full-time project inspection as a safety measure to insure high quality construction This is a Block Grant funded project and Public Works recommends adoption of the resolution. Actiondpcl Item No. 10 - CONSIDER RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE NORTH BRANCH DETENTION STRUCTURE (PHASE I), RALSTON CREEK STORMWATER S -Z DETENTION PROJECT TO BARKER'S INC. OF IOWA CITY, IOWA. Comment: This project was bid June 15, 1982, and the following bids were received: Barker's Inc. $501,853.00 McAninch Corp. 514,119.00 Sulzberger Excavating, Inc. 640,000.00 Gordon Russell, Inc. 657,000.00 Paul Stebral Construction, Inc. 687,000.00 Engineer's Estimate 760,000.00 Public Works recommends approval of this resolution: Action - r& 1146 �1C1 twloA� //10 Item No. 11 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SOUTHGATE DEVELOPMENT COMPANY, /�3 INC.; BRAVERMAN DEVELOPMENT, INC.; MAD CREEK DEVELOPMENT CORPORATION; AND FIRST NATIONAL BANK OF MUSCATINE. Comment: This agreement deals with the construction and maintenance of a stormwater management facility which will satisfy stormwater detention requirements for properties owned by Southgate Development Company, Inc., Braverman Development, Inc., and Mad Creek Development Corporation. Also, necessary monies to be held in escrow by the City of Iowa City are specified concerning the request of a building permit if said stormwater management facility is not completed and approved by the City of Iowa City. Staff has reviewed and recom- mends approval. —/ Action- (nti(/V'G micRor II.14Fn Ry I �F JORM MIC ROLAB ) CEDAR RAPIDS DCS MOINES j, I Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 11 Item No. 12 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LEASE WITH /S WASHINGTON PARK, FOR RENTAL FFIRST FLOOR BUIL INGFORTHE HOUSINGASSISTANCEPROGRAMOFFICEESPACEDAVIS Comment: Additional staff and the need for handicap accessibility necessitates that the Housing Assistance Program acquire additional office space. The Gilbert Street entrance will be ramped for accessibility and office space will be increased from 740 square feet to 1,093 square feet. The lease will run from July 1, 1982, through June 30, 1985, at a rate of FY83 $6,000, FY84 $6,480, FY85 $6,960. Action - 1JL-L&& ami 1 „ D n'0 -+- A 0 2 /1 1 Item No. 13 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 2BE CONTRACT WITH JOHNSON COUNTY AND HAWKEYE CAB 15s- COMPANY OF IOWA CITY FOR FY83 SEATS SUPPLEMENTAL TAXI SERVICE. Comment: This resolution authorizes the awarding of the FY83 SEATS supplemental taxi recommendedebyow the Cityy staff based on akee Cab Comany of ocompetitiveabiddingas procedure for the service. A memorandum is attached to the agenda. Action - p� I M G h Item No. 14 - CONSIDER A RESOLUTION APPROVING AND FORMALLY ADOPTING A CONTRACT 16-6 COMPLIANCE PROGRAM FOR THE CITY OF IOWA CITY. Comment: This program includes a Contract Compliance policy statement, the adoption Of which is fied in firmative Action Policy. Additionally, itiformalizes ethe tCity'+sfContract Compliance Program. A copy of this document, along with a memorandum from the Assistant City Manager providing further information, was included in your information packet of June 4, 1982. nc Action - � I (1! . _ . . %7 1 Item No. 15 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE JOHNSON COUNTY SEATS PROGRAM FOR THE LEASE OF /sq SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Comment: The Senior Center Commission recommends approval of this agreement which renews the lease of space for the SEATS Program. The new agreement contains no change. Action - \ 2 a�L %V I C- Viru I �IO U 141CPGFILMED BY JORM MICROLAB I CEDAR RAPIDS - DES t401NES J r Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 12 Item No. 16 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND ELDERLY -SERVICES AGENCY FOR THE LEASE OF SPACE AT THE /58 IOWA CITY SENIOR CITIZENS CENTER. Comment: The Senior Center Commission recommends approval of the renewal of the contract with Elderly Services Agency. No changes have been made in the new contrart_ Action - Item No. 17 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE AMERICAN ASSOCIATION OF RETIRED PERSONS FOR THE LEASE OF /5'Y SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Comment: The Senior Center Commission recommends approval of the renewal of the contract with AARP. The new contract reflects no change from last year's contract. Action - Item No. 18 - CONSIDER RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO AMEND THE MAXIMUM INCOME GUIDELINES UNDER THE HOUSING REHABILITATION /6 d FORGIVABLE AND LOW INTEREST LOAN PROGRAM. Comment: This resolution authorizes the City to amend the income guidelines under the Housing Rehabilitation Forgivable and Low Interest Loan Program. Action - Both programs will have the same maximum adjusted gross income guidelines as the current Section 8 income guidelines for the Johnson County areas. The Department of Housing and Urban Development has recommended the chanae. C 141CROFILlIED R1' i 1 JORM MIC ROLAEI i } CEDAR RAPIDS DES MONES I 1 r L MILROF ILIAED By JORM MIC ROLAB LDAIt RFI'I05 DES Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 13 Item No. 19 - CONSIDER A RESOLUTION RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN r /G/ AGGREGATE PRINCIPAL AMOUNT UINDUSTRIAL DEVELOPMENT REVENUE BONDS(THOMAS3BETTS CORPORATION PROJECT). Comment: The Memorandum of Agreement with the Thomas 3 Betts Corporation expires on July 1, 1982. Although they have asked for a three to four month extension, the resolution provides for a 12 month extension in order to allow for sufficient time to market the bonds in the current economy. Equipment for the project is still being received and the project has resulted in a substantial increase in employees which was not originally anticipated. The attached letter from Thomas 3 Betts provides more information. n _ i . Action - aI r �j r t r_•� ex Item No. 20 - CONSIDER RESOLUTION AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT), OF OF LENDING PROCEEDS OF TO MIOWA ERCY HOSPIITAL,,FOREIOWAPOSE CITY, IOWA, FORTTHE PURPOSE OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CON- STRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF A NEW HOSPITAL WING AND THE RENOVATION AND EQUIPPING OF THE EXISTING HOSPITAL FACILITIES OF ,SAID HOSPITAL AND DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST ISECOF NDENTURE TO AND USECURITY RE SAID BAGREEMENT BETWEEN THE OSA DDCIITYIANDYSAIDAHLOAN HOSPITALPROVIDINGFOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONGS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS. G Comment: This resolution amends the June 8, 1982, resolution and sets the final amo nt�ofthe bond issue and the interest rates.� Action � - k—'I /'G,7G firms � w 6101AE5 ' D l9 'e✓ �ure-� �i1v J I t 1 1 MILROEIU4ED RY 1 1. _-JORM MICR#LAE3 -� CEDAR RAPIDS DES 14014ES I 1 J� Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 14 Item No. 21 - CONSIDER RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR �G FISCAL YEAR 1983 BEGINNING JULY 1, 1982. Comment:' This resolution will establish FY83 compensation for the City Clerk and City Manager. Memoranda from the Cityy Manager and City Clerk are attached to the agenda. J¢9,ERc, �7,S1•z. Action - 11�)a11I.d'E I-te,., I ,i..i'i_ C!.16%A QC. ct p- Item No. 22 - CONSIDER RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION /6 PLAN FOR ADMINISTRATIVE EMPLOYEES. Comment:' A memorandum from the Human Relations Director and pay plans for this and the following item are attached to the aaenda. Action - Item No. 23 - CONSIDER RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION 5— PLAN FOR CONFIDENTIAL EMPLOYEES. Comment: See comment � above. Action - _.lid 10- i f� Item No. 24 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE BIG BROTHERS/BIG �6 6 SISTERS PROGRAM OF JOHNSON COUNTY. Comment: This agency's Board of Directors recently voted to change the program's name from "Pals" to "Big Brothers/Big Sisters." The decision was made for purposes of recruitment and publicity. It will enable the program to use publicity materials provided by the National Big Brothers/Big Sisters Program and also establishes a permanent affiliation with the national program. FY82 funding for Pals was $17,000. Approved FY83 funding is $18,100. Action - Vtj j _ ��,PK�4 •-x. q11 -Z -z 1. -z7-2& 30- 3 � J MICROFILMED DY JORM MICR40LAB j CEDAR RAPIDS . DES M01YE5 i j z S tt J 1 r W: ��� %:[,li/L,v�tn� t� G, ]r�-cam !/Jt ��� <�c±// �lyL ,�•.� 64" w .ze- Cc�cf .s QCLU a r s• R� c G. ��•.0 Nit J •:ti l fa,i/ 1 c�TE i f •- 1 MICRONVED BY f1 "JORM MICR#LAB 1 CEDAR RAPIDS • DES M01RES MICROFILMED BY f --JORM--MICR6L49*- LEOAR RAPIDS • DES MOVIES II 7 J� r I I Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 15 Item No. 25 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER. Comment: Action - FY82 funding for the Crisis Center was $9,090. The Council has approved funding for the Crisis Center in the amount of $13,730 for FY83, $6,600 for crisis intervention services and $7,130 for the Emergency Assistance Program. Item No. 26 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN 14 J THE IOWA CITY AREA WITH THE DOMESTIC VIOLENCE.PROJECT. Comment: FY82 funding for the Domestic Violence Project was $4,750. The Council has approved funding in the amount of $7,500 for the Domestic Violence Project for FY83. Payments are scheduled on a semi-annial, rather than quarterly, basis. Action - Item No. 27 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY / L % SERVICES AGENCY OF JOHNSON COUNTY. Comment: FY82 funding for the ESA was $21,400. In addition, $1,180 was provided for snow removal services and a maximum of $500 made available for lawn mowing services to low-income residents for the 1982 summer season. The Council has approved funding in the amount of $23,000 for the.ESA for FY83. Action - Item No. 28 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH 7p EMPLOYMENT PROGRAM. Comment: FY82 funding for Mayor's Youth was $21,000. Approved FY83 funding is $23,000. Action - mcRorILMED BY i CORM MIC ROLAB L 1 � CEDAR RAPIDS • DES MOINES r � i j i r J Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 16 Item No. 29 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN 71- THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM. Comment: FY82 funding of RVAP was $8,073. Approved FY83 funding is $8,154. Payments are scheduled semi-annually for both years. Action - Item No. 30 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR 17.2- YOUTH. Comment: FY82 funding for UAY was $30,000. Funding was approved for FY83 in the amount of $32,000. Action - Item No. 31 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK 7.3 NEIGHBORHOOD CENTER. Comment: FY82 funding of Willow Creek Neighborhood Center was $5,800. Approved FY83 funding is $6,900. Action - Item No. 32 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY82 CONTRACT AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. Comment: This resolution amends the FY82 contract agreement with the ESA to provide maximum of $500 to the ESA to be used to provide lawn mowing services free of charge to those qualifying elderly and handicapped persons who cannot afford such services and are ineligible for other subsidy for these services. Action - MICROFILMED BY J -CORM MICR( LAB -1 CEDAR RAPIDS DES MOIYES � i i i r I I Agenda Regular Council Meeting June 22, 1982 7:30 P.M. Page 17 Item No. 33 - CONSIDER RESOLUTION INCREASING THE TERM OF OFFICE FOR MEMBERS OF 175 THE COMMITTEE ON COMMUNITY NEEDS FROM TWO TO THREE YEARS. Comment: Since it takes considerable time for CCN members to become familiar with the Community Development Block Grant program, CCN feels that a three-year term would permit members to be more effective. Action - R@ Item No. 34 - CON nIER A—ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW SECTION 5-10 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. (first consideration) Comment: Action - Item No. 35 - Comment: Action - The purpose of this ordinance is to prescribe closing hours for certain establishments which sell alcoholic liquor and beer to prohibit presence on such premises by unauthorized persons when such premises are required to be closed. Only the licensee or permittee and his/her agents or employees may be present on such premises after closing and only for the purposes of cleaning, maintenance, or performing other necessary work. In addition. the ordinance regulates addditional hours when certain licensed premises may remain open for business other than selling alcoholic liquor or beer. The proposed ordinance has been reviewed and approved by the attorney representing the Iowa Beer and Liquor Department. CONSIDER AN ORDINANCE TO AMEND THE CODE OF IOWA CITY, ARTICLE II, TAXICABS. (second consideration). This proposed ordinance was discussed at the informal Council meeting of April 26, 1982. A copy of the ordinance was attached to the agenda of June 8, 1982. - Item No. 36 - CONSIDER AN ORDINANCE TO AMEND THE CODE OF IOWA CITY BY ESTABLISH - 0 6 $ ING'CHAPTER 24-1, NOISE. (second consideration) Comment: Action - 37. Item No. 3S - A public hearing on the proposed noise ordinance was held May 11, 1982. The Council has been furnished a copy of the ordinances as well as amended pages 5 and 12. A memorandum from the City Manager is attached to the agenda. 4e-Hev' CasoH Axhr), &5s 00-(/Pl(,;,) 141CROf ILIdCD By CORM MIC ROIAB CEDAR RAPIDS •DES Id01YCS r 36, UA,_ - - a 41. / -3 1 w w- - 02 74 /-6 - Bak �/y�NJ-L✓�G"-(r1�i�.U� <•-•J � -�J.� J-CIJ G!✓1/�1�..-s�.c �I,-P.-nt�a•e ��L�t-000f-L- /%� j I i MICROFILMED BY 1 _-JORM - MICR46LAB � CEDAR RAPIDS DES MOIYES I I.�✓rre <� .�'�i.e.�:�u.a fed la.�.Q..ct� cr-u 02na,` Ii2 ,✓ ILYM�50 G�� ,o �C l X111 MICRONWED BY "JORM DES LAB f I CEDAR RAPiJS DES h1014E5 ( i 7 1 City of Iowa City MEMORANDUM DATE: June 21, 1982 TO: General Public FROM: City Clerk RE: Addition to Agenda of June 22nd Council Meeting Item #37. Consider.an ordinance amending Section 24-84 of the Code of Ordinances of the City of Iowa City, Iowa. (first reading) 0 I MICROFILMED BY 1 --JORM-MICR4E/LAB - I CEDAR RAPIDS DES MOINES I f i I r V)Ave_ ieeK A-,, OresP_p1-G AWArA p1A4ues +o e -�-ov W'� -k-,Vk 1 `lfi o $ioaC , e 1961—$Z s��oo� �ePt ANA �Vle S��.cie►aCs wee e ��e1ec�es, o� 2 bgs�s o4 ec�t S%,,-pery i Sor A cLow�p\ �sh�EwTS i D�rC.c�oP• �QAr 3 S��c�erS�S ���� �oeenE Se\Qc-Gec� -PoN- ov.Ts� A��iNq (ohi ewe -r\-\ uo�u04 . 04Ke pY-o�r awe Gare res v-r� t i7�iCle� So 1A J W�.o w or Lec� A� -VV,e 0CCVAM14 5kpev C�-c�ry ec QJeS �1'S NW A, 0,J J\ I � Al J } wiceonuaeD nv JORM MIC ROL1' 1 i CEDAR RAPIDS •DES 1101YES r' r' . -, S a- SCo.-A C�Arso-t1 w\e\o All - Wo4:¢d \ �oO.S A oL� "r. p-Ac.\N e.. lw.Nc�ev 5.... Cv- V 1 S `L xz ti cr-�— CV' 4k,,5 W u*Acde r \-k L Y, �Ngflr S 01 the 4o Q S �Qe.v- \Aso -v -s wev-e S e-1 e c, e_c� b ri M.Q. �AS15 csc' ��q��q��orS� .�oy s-�u.c�eK'� s R-n►d �%�•e J �u. J\,LL �.�O v�+qr� �AMQ e4- lV.e SLi-�erV iS�LOTS O� ���RK'Q �Ngflr S 01 the 4o Q S �Qe.v- \Aso -v -s wev-e S e-1 e c, e_c� b ri M.Q. �AS15 csc' ��q��q��orS� .�oy s-�u.c�eK'� s R-n►d �%�•e J �l Off" —}NR yv�ov�� �tJ %� Su.�fv-Li�Soti-S of V Pt �LALNb\ Q Cov�nYV\kj Nt4k S e~awe �w o oA— Lvov 1� — 'L1CQer�eNce Seke o�t e& 0 (3-wAC)L -$+Aracl'ItA_3oovs MICROFILMED BY JORM MICR4ILAB �LICEDAR RAPIDS • DES MOINES r M., �+ec ii c- onC �}tS� S,�-eevv�S�or( o� S�u_cLew�S civ-V-,w1� \01% I- �6?— Scl,00\ �eAr CAss fAn&c\v-r4 PCI -A MICROFILMED BY � JORM MICROLAB � CEDAR RAPIDS DES MOVIES I i /O/e J C COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 22, 1982 Iowa City Council, reg. mtg., 6/22/82, 7:30 P.M., at the Civic Center. Mayor Neuhauser presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Staffinembers present: Berlin, Helling, Jansen, Boothroy, Franklin, Farmer, Meisel, Davidson, Stolfus, Karr. Council minutes tape recorded on Tape 82-12, Side 2, 795-2537. Mayor Neuhauser presented plaques to the top students and supervisors involved with the Mayor's Youth Employment Program during the 1981-82 school year. The students receiving the award were: Larry Anderson, who worked at Veteran's Hospital; Sara Carson, who worked at United Action for Youth; and Charles Coon, who worked at the Iowa City Public Library. The supervisors receiving rewards were: Art Tellin and his staff at the University of Iowa Physical Plant; and Cassandra Ekemen of the Mark IV Community Center. The Mayor also commended the Mayor's Youth Coordinator, Jack Robinson, on his fine work. The Mayor proclaimed June 1982 as Iowa River Month; July 1982 as Human Rights Month; and June 30, 1982, as a Day of Tribute for Don Strub. The City Clerk announced three additions to the Consent Calendar: 4b.(7) Conference Board minutes; 4c.(15) refund of a portion of a Liquor License; and 4h.(7) Petition from owners in College Hill Park area. Moved the recom endat�ionseinnthe Consended by t �Calendartbetrece ved �lor approved, and/olowinitems r adopted as amended: Approval of Official Council Actions, reg. mtg., 6/8/82 and Spec. mtg., of 6/14/82, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Airport Comm. -6/10/82; Civil Services Comm. -5/25/82 & 6/9/82; Bd. of Library Trustees - 5/27/82; Housing Appeals Bd.-5/11/82; Rules Comm. -6/8/82; City Conference Bd.-5/20/82. Permit motions and resolutions as recommended by the City Clerk:Approving Class C Liquor License for Gabe's EECH, Inc. dba Gabes, 330 E. Washington St. Approving Class C Beer Permit and Sunday Sales for Walgreen Co. dba Walgreens, 1646 Sycamore. Approving Class C Beer Permit and Sunday Sales for Don -Jay Services, Inc. dba 1st Avenue Kerr-McGee, 2229 Muscatine. Approving Class C Beer Permit for MCRO, Inc. dba Whiteway Supermarket, 212 S. Clinton. Approving Class C Liquor License for Lawrence A. McNerty dba Sycamore Eating & Drinking Co., Sycamore Mall. Approving Class C Liquor License and Sunday Sales for American Legion, Roy L. Chopek Post #17 dba American Legion, Roy L. Chopek Post #17, 3016 Muscatine Avenue. Approving Class C Liquor License and SundaySales for Warren & Leah Cohen dba Diamond Dave's Taco Company, Inc., Old Capitol Center #279. Approving Class C Liquor License for Fraternal Order of Eagles, Iowa r IdICMILMED By ' JORM MICR6LAn I CEDAR RAPIDS • DES MOVIES 97 J r Council Activities June 22, 1982 Page 2 City Aerie #695 dba Fraternal Order of Eagles, Iowa City Aerie #695, 225 Hwy. #1 SW. Refunding a portion of a Class C Beer Permit. Recommending that the State Beer & Liquor Control Department cancel the Sunday Sales Permit issued to Jeff & Dad Enterprises, Inc. dba Sub 'N' Suds, 208 N. Linn Street. Refunding a portion of a Class C Liquor License. RES. 82-142, Bk. 73, pp. 607-608, ISSUING CIGARETTE PERMITS. RES. 82-143, Bk. 73, p. 609, ISSUING DANCING PERMITS. Approving Special Class C Beer -Wine License and Sunday Sales for The Breadbasket Corp. dba The Breadline, 325 E. Washington St. Refunding a portion of a Class C Liquor License. Petition for suspension or remission of taxes on account of age for Opal D. Hochstetler. Motions: Authorizing the City Engr. to sign an IDOT application for utilities right-of-way to Iowa -Illinois Gas and Electric Company for Highways 1, 6, and 218. Authorizing the City Engr. to sign an IDOT application for utilities right-of-way to Iowa -Illinois Gas & Electric Company for Highways 218 and 6 and South Riverside Court. Resolutions, Bk. 73: RES. 82-144, p. 610, ACCEPTING THE WORK ON THE RENOVATION OF THE AIR CONDITIONING AND HEATING SYSTEMS AT THE CIVIC CENTER, POLICE AND FIRE DEPARTMENT BUILDING, DONE BY JONES, OF IOWA CITY, IOWA. RES. 82-145, pp. 611-612, ACCEPTING THE WORK FOR THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT AS CONSTRUCTED BY NORTH IOWA CONTRACTORS, INC. of Manchester, Iowa. Setting public hearings: RES. 82-146, Bk. 73, p. 613, TO SET A PUBLIC HEARING FOR 7/6/82 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE FY83 ASPHALT RESURFACING PROJECT. RES. 82-147, Bk. 73, p. 614, TO SET A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE COST FOR THE FY83 LANDFILL EXCAVATION PROJECT. RES. 82-148, Bk. 73, pp. 615-616, TO SET A PUBLIC HEARING ON 7/6/82 ON DISPOSITION OF PUBLIC PROPERTY, to Mercy Hospital. Correspondence: Tim Brandt re proposed building moratorium. Larry Baker re proposed building moratorium. John Moreland, Jr. submitting names of property owners opposed to any zoning change in College Hill Park. Charles Eble re renovation of Dubuque Street between Iowa Avenue and Washington Street, referred to the City Manager for reply. Steven Hansen re proposed noise ordinance, referred to the City Manager for reply. Petition filed June 18, 1982, from owners in College Hill Park area opposing any rezoning. Bd. of Directors of the Iowa City Hospice re hospice program, referred to the City Manager for reply. Applications for use of streets and public grounds: World Peace Group for use of Blackhawk Minipark on 6/6/82, approved. Melanie Sherwood for use of sidewalk for a performance on 6/5/82, approved. Iowa City Striders for a Sun Run on 6/12/82, approved. E1 Salvador/Central America Solidarity Committee for the use of Blackhawk Minipark on 6/12/82 and 7/12/82, approved for distribution of literature only. MICROf ILMED By - JORM MICROLAB 1 j CEDAR RAPIDS • DES MOINES 1 J r Council Activities June 22, 1982 Page 3 Councilmember Lynch noted the correction of the engineer's estimate for the FY83 Asphalt Resurfacing Project to read $437,600. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and repeated the public hearings as set. A public hearing was held to consider a proposed ordinance to rezone approximately 1.47 acres located west of Scott Boulevard between Muscatine Avenue and Court Street to RIB. No one appeared. A public hearing was held to consider a proposed ordinance to rezone approximately 37.36 acres known as the Ralston Creek South Branch Stormwater Detention Basin located east of Scott Boulevard and south of Court Street to RIA. No one appeared. Moved by Balmer, seconded by Perret, to adopt RES. 82-149, Bk. 73, pp. 617-627, TO ANNEX APPROXIMATELY 46.85 ACRES OF LAND ALONG AND INCLUDING THE SCOTT BOULEVARD RIGHT-OF-WAY, SOUTH OF COURT STREET, AND THE RALSTON CREEK SOUTH BRANCH STORMWATER DETENTION BASIN. Councilmember Erdahl noted he would vote for this resolution but it did not reflect a change on his position against Scott Boulevard. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, to set a public hearing for 7/20/82 on a final Planned Area Development (PAD) plan of Walden Wood, Part 1, located in the northwest quadrant of the intersection of Mormon Trek Boulevard and Rohret Road. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, to adopt RES. 82-150, Bk. 73, pp. 628-630, APPROVING THE PRELIMINARY AND FINAL AMENDED LSRD PLAN AND PRELIMINARY AND FINAL SUBDIVISION PLAT OF BENTON MANOR, LOCATED SOUTH OF BENTON STREET AND EAST OF THE HILLSBORO APARTMENTS. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to delete the two areas of S. Johnson south of Court Street and S. Dodge south of Bowery from the interim ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code (College Hill Park Area). E.H. Borchardt, 516 S. Dodge, appeared for discussion. The Mayor declared the motion to delete the two areas carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Perret, that the rule requiring that ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82- 3064, Bk. 19, pp. 65-67, AN INTERIM ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A MAXIMUM OF SIX MONTHS PENDING A DECISION TO REZONE ALL OR PART OF THE AREA, as amended, be voted on for final passage at this time. Rosalea Furman, 1440 E. Bloomington, and Bob Hess, 515 S. Dodge, appeared for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared wlcaonulEn R�, j JORM MIC RbLAEI 1 CEDAR RAPIDS • DES 1101IES i , 1 r Council Activities June 22, 1982 Page 4 the motion carried. Motion by Balmer, seconded by Perret, that the ordinance be finally adopted at this time, as amended. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted as amended. Moved by Perret, seconded by McDonald, to accept and place on file the correspondence from James Dixon supporting the moratorium. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Lynch, seconded by Balmer, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3065, Bk. 19, pp. 68-69, AMENDING SECTION 8.10.25 OF THE ZONING ORDINANCE PROHIBITING OFF-STREET VEHICULAR PARKING IN LOCATIONS OTHER THAN VALID PARKING SPACES, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Lynch, seconded by Dickson, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Erdahl, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which time it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3067, Bk. 19, pp. 72-76, AMENDING SECTIONS 8.10.3, 8.10.28.C,D,F. and 8.10.28.H.1.(a) AND 8.10.29.A, B OF THE ZONING ORDINANCE CONCERNING THE INTERPRETATION OF THE ZONING ORDINANCE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Erdahl, seconded by Perret, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Harold Becktoldt, 1152 E. Court, appeared extending his appreciation for the traffic lights installed at the intersection of Gilbert & Iowa Ave. John Suchomel, 330 E. Washington, also thanked Council for the light. McDonald called attention to a traffic safety hazard at the inter- section of Governor St. and Dodge, where trees block the driver's vision. Berlin advised that staff would pursue avenues available. Berlin will also advise when the Mobile Home ordinance will be discussed again. Perret questioned when Council would be discussing the bids for the Deparmtent Store and the prospectus for the proposed hotel. The City Manager stated that a draft of the prospectus is prepared. Staff will meet with Armstrong's soon, to discuss the construction date. The date of the hotel prospectus will then be changed to the date finally decided on for the department store construction. After the coordinating committe has reviewed the materials, they will be distributed to Council for consideration. MICROFILMED P JORM MICROLA13 CEDAR RAPIDS • DES 1401, S 1 J r L Council Activities June 22, 1982 Page 5 Mayor Neuhauser called attention to the article in the Press -Citizen regarding a staff comment that the plans for the new sewage treatment plant call for a plant bigger than is needed. She pointed out receipt of the letter from the staffinember clarifying the conversation held with the reporter, and requested a clarification be put in the Press -Citizen. Reporter Campbell advised that he would answer the letter. Dickson called attention to her request regarding a railing along Ralston Creek on Van Buren St. Berlin said he had discussed this with Public Works, and that department would have a report back soon. Lynch asked when the bids on the Old Library would be discussed by Council. Berlin replied that each bidder had been asked for additional information, to be submitted by July 1st. Balmer requested that, as the Board of Supervisors are still interested in using the building, that the City inform them, one way or another, of the status of their request. Perret felt that if neither bid was accepted, that the City should retain the building for City purposes, as it also has a space problem. Council asked that the Board be informed of the status of their request after information is received from the bidders, and is discussed by Council. Neuhauser corrected a statement that appeared in the Daily Iowan. She did not say that the City would de - annex the County Home, but suggested that maybe she did not make it clear to the reporter. The City Manager called attention to the Ordinance added to the Agenda regarding amending Section 24-84, Use of the River, to allow the City Manger to issue a permit for a waterski show as requested by the Jaycees for the July Fourth celebration. Moved by Balmer, seconded by McDonald, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3066, Bk. 19, pp. 70-71, AMENDING SECTION 24-84 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Jaycee President Skip Wells thanked Council for their cooperation. Moved by Erdahl, seconded by Lynch, to adopt RES. 82-151, bk. 73, pp. 631-643, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY AND ASSOCIATES FOR RESIDENT PROJECT INSPECTION SERVICES, SURVEYING SERVICES, AND TESTING SERVICES ON THE NORTH BRANCH DETENTION DAM. THE NOT -TO -EXCEED ON THESE SERVICES IS $54,600. Councilmember Perret questioned if CCN would be reallocating the monies resulting from this under bid. City Mgr. stated they would after the first of the year. Affirmative roll call vote unanimous, 7/0, all Councilmembers resent. The Mayor declared the resolution adopted. Moved by Lynch, seconded by McDonald, to adopt RES. 82-152, Bk. 73, p. 644, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE NORTH BRANCH DETENTION STRUCTURE Mi CROFILK0 By i I CORM MIC ROLAB- � CEDAR RAPIDS DES I•f01YE5 I 7 1 Council Activities June 22, 1982 Page 6 (PHASE I), RALSTON CREEK STORMWATER DETENTION PROJECT TO BARKER'S INC, OF IOWA CITY, IOWA, for $501,853. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by McDonald, to adopt RES. 82-153, Bk. 73, pp. 645-657, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH SOUTHGATE DEVELOPMENT COMPANY, INC.; BRAVERMAN DEVELOPMENT, INC.; MAD CREEK DEVELOPMENT CORPORATION; AND FIRST NATIONAL BANK OF MUSCATINE re stormwater detention requirements. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Erdahl, to adopt RES. 82-154, Bk. 73, pp. 658-663, AUTHORIZING THE MAYOR TO SIGN A LEASE WITH WASHINGTON PARK, INC. FOR RENTAL OF FIRST FLOOR CENTER, DAVIS BUILDING FOR THE HOUSING ASSISTANCE PROGRAM OFFICE SPACE, 7/1/82 through 6/30/85. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-155, Bk. 73, pp. 664-669, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND HAWKEYE CAB COMAPNY OF IOWA CITY FOR FY83 SEATS SUPPLEMENTAL TAXI SERVICE. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Asst. City Mgr. Helling noted the requested change to Section 1, Provisions: #2, amount should read $25,000, as distributed. Moved by Dickson, seconded by Perret, to adopt RES. 82-156, Bk. 73, p. 670, APPROVING AND FORMALLY ADOPTING A CONTRACT COMPLIANCE PROGRAM FOR THE CITY OF IOWA CITY, as amended. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-157, Bk. 73, pp. 671-678, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE JOHNSON COUNTY SEATS PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Perret, to adopt RES. 82-158, Bk. 73, pp. 679-685, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND ELDERLY SERVICES AGENCY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Dickson, seconded by Perret, to adopt RES. 82-159, Bk. 73, pp. 686-692, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE AMERICAN ASSOCIATION OF RETIRED PERSONS FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. MICRO(ILRED BY ' JORM MIC ROL1.AB CEDAR RAPIDS •DES 140IAES a r Council Activities June 22, 1982 Page 7 Moved by Perret, seconded by McDonald, to adopt RES. 82-160, Bk. 73, pp. 693-694, AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO AMEND THE MAXIMUM INCOME GUIDELINES UNDER THE HOUSING REHABILITATION FORGIVABLE AND LOW INTEREST LOAN PROGRAM. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-161, Bk. 73, pp. 695-701, RELATING TO AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT). Plant Manager Martin Kelly appeared for discussion and he advised Council of additional employees hired. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-162, Bk. 73, pp. 702-708, AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT), OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF A NEW HOSPITAL WING AND THE RENOVATION AND EQUIPPING OF THE EXISTING HOSPITAL FACILITIES OF SAID HOSPITAL AND DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Neuhauser, Balmer, Lynch, McDonald. Nays: Perret, Dickson, Erdahl. Moved by Balmer, seconded by Dickson, to adopt RES. 82-163, Bk. 73, p. 709, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1983 BEGINNING JULY 1, 1982, for the City Manager -$49,695; City Clerk -$27,562; and the City Atty.-$44. an hr. for legal work except litigation and $49. an hr. for litigation. Councilmembers expressed appreciation for the dedication of these employees. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Dickson, to adopt RES. 82-164, Bk. 73, p. 710, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES. The City Mgr. pointed out that the money had been approved in the budget. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Lynch, seconded by Perret, to adopt RES. 82-165, Bk. 73, p. 711, ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES. Individual Councilmembers discussed the procedure used during the process. Confidential employee Joan Jehle appeared. The Mayor 141LROf IWED BY JORM MIC ROLA[j CEDAR RAPIDS DES M01'r1CS I J �I r C Council Activities June 22, 1982 Page 8 declared the resolution adopted, 6/1, with the following division of roll call vote: Ayes: Dickson, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: Erdahl. Moved by Lynch, seconded by E712hl, to adoIZINGthe following resolutions: RES. 82-166, Bk. 73, pp. TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE BIG BROTHERS/ SISTERS PROGRAM OF JOHNSON COUNTY (formerly PALS), funding amount $18,100; RES. 82-167, Bk. 73, pp. 716-719, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER, funding amount $6,600 for services and $7,130 for Emergency Assistance Program; RES. 82-168, Bk. 73, pp. 723, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE724-728, AUTHORIZINGENCE THEndinMAYOR amount EXECUTEO A CONTRACTF69, OR Bk. 73, Pp. P• ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY SERVICES AGENCYOF JOHNSON COUNTY, funding amount $23,000; RES. 82-170, Bk. 73, pp. AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT -735 AUTHORIPROGRAM, NGfunding amount $23,000; RES. 82-171, Bk. 73, pp. TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM, funding amount $8,154; RES. 82-172, Bk. 72, pp. 736-740, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH, funding amount $32,000; RES. 82- 173, Bk. 73, pp. 741-744, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK NEIGHBORHOOD CENTER, funding amount $61900; RES. 82-174, Bk. 73, pp. 745-747, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY82 CONTRACT AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY, to provide max. of $500 for lawn mowing services. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolutions adopted. Moved by Perret, seconded by McDonald, to adopt RES. 82-175, Bk. 73, p. 748, INCREASING THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE ON COMMUNITY NEEDS FROM TWO TO THREE YEARS. Councilmember Erdahl reported that the Rules Committee recommended this change. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Lynch, that the ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW SECTION 5-10 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, re closing hours for beer/liquor establishments, be considered and given first vote for passage. The Mayor declared the motion to consider carried, 7/0, all Councilmembers present. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, that the ORDINANCE TO AMEND THE CODE OF IOWA CITY, ARTICLE II, TAXICABS, be considered and given second vote for passage. The Mayor declared the motion to consider carried, 7/0, all Councilmembers present. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. 141CROrILMED BY j JORM MICR46LAS j CEDAR RAPIDS • DES 1401NES 1 J r Council Activities June 22, 1982 Page 9 Mayor Neuhauser reported on informal session discussion re amendments to the Noise Ord., and setting a 30 -day grace period before enforcement of complaints on loud parties, stereos and barking dogs. Moved by Balmer, seconded by Lynch, to amend the noise ordinance in Sec. 24.1-3, two amendments suggested by the University, and change of wording in Sec. 24.1-6 to wording used in 24.1-5, as stated in the City Manager's memo. The Mayor declared the motion to amend carried unanimously, 7/0, all Councilmembers present. Moved by Dickson, seconded by Balmer, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3068, Bk. 19, pp. 77-91, AMENDING THE CODE OF IOWA CITY BY ESTABLISHING CHAPTER 24-1, NOISE, as amended, be voted on for final passage at this time. The Mayor declared the motion carried, 6/1, with Erdahl voting "no". Moved by Dickson, seconded by Perret, that the ordinance be finally adopted at this time. The Mayor declared the motion carried and the ordinance adopted, 6/1, with the following division of roll call vote: Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: Erdahl. Moved by Erdahl, seconded by Dickson, to receive and place on file the letter from Casey Mahon, Assoc. Vice-president of the University of Iowa. The Mayor declared the motion carried unanimously, 7/0. Moved by Balmer, seconded by Perret, to adjourn 9:30 P.M. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. 1 4AW C "Vl1.u� MARY C. t5UHAUSER, MAYOR 9JL- - AZL'i ABBIE STOLFUS, CITY CLE6K MILAOE ILMED BY JORM MIC R(JLAB -' CEDAR RAI -IDS DES'MOWS I J r 0 CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5C00 PROCLAMATION WHEREAS, ouA City is enhanced and beautl6ied by .the Iowa R.iveA a6 it pa66e6 th4ough the heat o6 .the City, and WHEREAS, the Iowa RiveA i6 the C.ity'6 pAbwAy eouAce o6 dA.inhing wmteA a6 weU a6 a viLtat AecAeationaZ Aebounce, and WHEREAS, .the month o6 June 1982 Iwb been p4oc2a,imed by GoveAnoA RobeA,t Ray, .in conjunction with "Nationae Ri.veu Month", a6 a time 4oA a.CC Io(van,6 to pa4tahe o6 the AecAeationat oppo&tunities pnovided along the State'6 A.Cveu and to become .in6oAmed and .i.nvotved .in actions to a66u4e the A,i.veu' continued • p)tesence, Q0, THEREFORE, I, Maty C. NeuhawseA, Mayon o6 .the City o6 Iona City, Iowa do heAeby paocCabn the month o6 June 1982 as IOWA RIVER MONTH and urge atZ citizen to activeey puuue the p)Lueavation and pAotection o6 the Iowa R.iveA and its banh6. 3 Signed in Iowa City, Ioluz, tit" 22nd day o6 June 1982. 1 141CRUE ILI4ED AY 1 --JORM MICROLAEi - 1 CEDAR RAPIDS DES >1DINES I j /d/6 1 J r CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 PROCLAMATION WHEREAS, .the State 06 Iowa has expressed a deep-seated commitment that aU peoptes .in our state shall enjoy equal pnotecti.on o6 theiA civ. t/human ni.ghtz, and WHEREAS, .this conmlibnent is exempt.i6ied .Ln the passage o6 .the Iola CLv.i.t Rights Act o6 1965, as amended, and WHEREAS, tJUs cmmnitment is 6uAtheA exempt.C6ted .CIL ChapteA 18 o6 .the Code o6 Ordtnancez o6 the Uty o6 Iowa City protecting .the hwnan/civil )Lights o6 every citizen negandte,6s 06 neCig.ion, race, colon, age, sex, on disab.itity, and WHEREAS, t1mough our ab6uumative attLtude.a and actions, the memben.e o6 .the pno,tected groups can contiri.bute .to the genenaC wet6aAe o6 ouA community, and WHEREAS, Juty has been nationally designated Human Rights Month, NOW, THEREFORE, I, Many C. NeuhauoeA, Mayon o6 .the City o6 Iola City, do heAeby paocta.un .the month o6 July as HUMAN RIGHTS MONTH .in Iowa City as a nea6b.iAmation o6 our conuaitment .to .the human/civiZ nights o6 aU our peoples. ►' 1 Signed .in Iowa City, Iola, .this 22nd day o6 June 1982. /O/7 1 I4ICPOEILI4ED BY " JORM L4B- I+ CEDAR RAPIDSS - DES DES 14014E5 I CITY OF IOW/ CITY CIVIC CENTER 410E. WASHINGTON ST. IOWA CITY, IOWA 52.240 (319) 356-5N0 P R 0 C L A If A T 1 0 N WHEREAS, .the Op.tbIZ6t Ctubs exist Soh .the puApoze o6 devetop(ng optimism a6 a ph.Leo6ophy 06 Ci6e, 06 phomoting an active dnteAest .ill good goveAlvnent and civic a66ai4z, o6 jI6p.iA- ing Aespeet 6oA the tcuu, 06 pAomoting patAiot(�sm and woAfling 601L .inte4nationaC aecohd and 6ni,end6hip among aP.t peopee, and o6 aiding and encomhag.ing the deveCopment o6 youth, .in the be ic: that the giving 06 one's seZ6 .in 6eAvCce to otheu i(ILU advance the weU-being o6 man, his community and woAtd, and { WHEREAS, thehe aAe 6ouA Optimist CCubs active within .the City oS Iowa City mith an additionaC 60M .61 the SmAoundbi area, i and WHEREAS, the tocaC Optimist CCub6 aAe membel16 with mope than 3,700 otheA eQub6 with a membe&6h.ip o6 oveA 137,000 .in Optimist InteAnati.onae, and WHEREAS, the Optimist Intehliationae wi.CC meet in St. Louis, hl(66ouhi, the Zocation 06 the intehnationat o6b.ice, the .Fust week o6 Jane 1982, and WHEREAS, MA. Donald StAub o6 Iowa City wilt assume the o66.ice a6 PAm i.dent o6 Optimizt InieAnatConaZ on OctobeA 1, 1982, NOW, THEREFORE, 1, d1aAlj C. Neuhau6eh, hlayoA 06 the City o6 Iowa City, Iowa, do heAeby phocCa m June 30, 1982, a6 a DAY OF TRIBUTE FOR DONALD STRUB and u4ge att citi.zem to join me in exp)te66- ing conghatutattons to b1A. StAub and in exphe66.ing om pAide ill having a 6CU010 Iowa Citian chosen 6oA tIIi.6 position. lauJ C 4LILdULL.&IA h1AYUR � Signed in Iowa City, Iowa, this 22nd day o6 June 1982. /0/f 1 MICROFILMED BY L - -DORM-MICR�L AB CEDAR RAPIDS •DES MOIRES I I I _Z —.AL I RE9uLop- Coumcil MP -E 'iN9 fines as i9u,Q. Yt3o P.m. "Phase Signs IN: N., c. r, 8. 9. ll. 13. �y. 1 MICROFILMED BY i - JORM MICREILAB ) � CEDAR RAPIDS DES MINES I � I r a-" . COUNCIL MEETING OF Oarz /9P� ROUTING FOR ORDINANCES, RESOLUTION4/, AGREEMENTS, CONTRACTS, NOTICES. 1 MICROFILMED BY �` I -CORM MIC RbL AFS J CEDAR RAPIDS DEB•1401 AES S 1 ORIGINAL COPIES XEROX COPIES INSTRUCTION AGENDA ITEM H FILE. N CERT. OF RECR. ITEMS OF ITEMS FOR / �F1INA�L(IZ�+A1T-IFON ..2. et.b e- ij/Z/3 eFlry LLb nw H� �.wnl/Le fye�ect Res.Flit Ncnc n p, W. Pub Isl. Ko hee / �Z /SL% ✓Vlee }Ih1 P. W. Pob it 1+' o it. � �e a. � I. ✓ 'B��dF� 1 StI�OF P✓erv71- Poblisl. etica ✓ M.&4," Rer.i1(e Iettev- Se".S+4tt i �es.tM..'>< Sety.S}wte ✓ CAye10,x.- x Air tDaT P+ej.ut ✓ Dw•Iwr ✓ Pecovder• e,tM boo. 6d. ✓ -ffni.res-r'/ 0;14 Deo. 8d.. P LZ x fm/t ac6vle's oed Ct..t. AF#+ gHt,ex• F; le I;, /3 aF%ces 4e t✓ �l•T•Tvawt. f4skI.w ✓Jo.00..00j; ler �$�leGeelbeard ✓Pe ilCt ✓II^^GtN�IMrj CLsfr n� V/Nhh,.vA4,;n F(� Qet*4&r ,,yes: rile ip. w• µys. ✓C. 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ITEMS ITEMS FINALIZATION 1 35 Alpe I We v HI.�. C a• - 9 •, Oid. oelC bVtrr," J ►.•Rrs. 36 306 Nket�k� ✓--- ��«� ,,,,w.c�.d� � Ord.�o� a fi.,hof,it4 P�61�s4 Fv ,306 b Ora. Qee,c�/ RAWw1 ✓ 11eew aJ mar, I I f f t I I i I I { i j I i i . MICROf ILMED BY i - 1 -'JORM MICROLAB -� CEDAR RAPIDS • DES MOINES ' � r LF... i INFORMAL COUNCIL DISCUSSION JUNE 14, 1982 INFORMAL COUNCIL DISCUSSION: June 14, 1982, 8:35 P.M. in the Conference Room at the Civic Center. Mayor Pro tem David Perret presiding. COUNCILMEM4 ERS PRESENT: Balmer, Dickson, Erdahl, Lynch, McDonald, Perret. Absent: Neuhauser. Staffinembers present: Berlin, Helling, Stolfus, Myhre, Schmeiser, Franklin, Jansen. TAPE-RECORDED: Reel N82-13, Side 1, 585-2722. ROCKY SHORE DRIVE BIKEWAY RIP -RAP City Manager Berlin pointed out the memo than anticipated. There were no objectio outlined by Engineer Farmer. 585-610 distributed, noting the greater costs ns to proceeding with the project as PARKING LOT IMPROVEMENTS -RECREATION CENTER, MARKET STREET LOTS Balmer called attention to the memo from Engineer ment for these lots and the cost, questioning if of the revenue bonds. Berlin explained that the for these purposes, to recondition or improvement AREA STUDY -DEVELOPABLE LAND REPORT Farmer regarding the improve - this would affect paying off Reserve Fund can only be used to the parking system. Schmeiser summarized the procedure and requested comments from Councilmembers on any portion of the Area Studies. Myhre presented a revision page, and explained the purpose of this report. The Assumptions listed on Pages 1 and were discussed. The map showed the yellow areas, approximately 1000 acres, as areas available to develop without the new water pollution control plant (these areas could surcharge the system but not the neighborhood), and the green areas developable, another 1000 acres, with addition of the WPC Plant. Council discussed population growth; tion problems (could be corrected by plant); Council policy to facilitate of capital improvements; assumption lift station, noting Oakes does not sewering the areas on both sides of no need for upgrading the 24" sewer and other development occuring; the lift station north of I-80. 610-2722 surcharge of Rundell St. Sewer; infiltra- providion of a holding basin at the new development in certain areas by provision that the plant will be built; Dean Oakes plan to build it, alternative plans for Prairie du Chien, & Highlander areas, but if the Oakes lift station is not built Veenstra & Kimm, Consultants, proposal for Regarding the Willow Creek Sewer, it was pointed out in the Southwest Area report, that if the bottleneck, 10" main, was opened, the whole area in the southwest could develop. Consideration of this development is an alternative to development in the northeast area. Council has stressed keeping extension of utilities to east of FW518. It was noted that many people are building out- side the City Limits. Discussion of the East Area Study will be scheduled for June 28th. Meeting adjourned, 9:55 P.M. i i MICROFILMED BY JORM MIC REAL AEI 1 CEDAR RAPIDS • DES MOVES J i1 MINUTES OF OFFICIAL COUNCIL ACTIONS - 6/8/82 The cost of publishing the following proceedings 8 claims is $ Cumulative cost for this calendar year for said publication is $Iowa City Council, reg. mtg. 6/8/82, 7:30 Mayor P. 14. at the Civic Center. Neuhauser presiding. Councilmembers present Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perrot. Absent: none. Moved by Balmer, seconded by Dickson, to adopt RES. 82-123, Bk. 73, p. 570, RESOLUTION OF TRIBUTE TO LORADA CILEK, as read by Councilmember Balmer. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Mayor Neuhauser issued the following proclamations: Iowa City - "The Lively Place for Dance"; June 1982 as Professional Plumbing - Heating - Cooling Month; June 1982 as Recreation and Park Month; June 14, 1982, as Flag Day; and June 12-13, 1982, as Iowa City Peace Weekend. City Clerk Stolfus announced the addition of a Class C Beer Permit and Sunday Sales for Krause Gentle Oil Corp. to the Consent Calendar. Councilmember Balmer requested and received a clarification of item 4g(1) application for use of sidewalks, re the time limit for distribution. Moved by Perrot, seconded by Dickson, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: ApprovalOfficial Council Actions, Spec. mtgs., 5/24/82 and 5/26/82, as of published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Committee on CommunityNeeds-5/5/82; Riverfront Comm. -5/12/82; Broadband Telecommunications Comm. -3/16/82, 3/30/82, 4/13/82, 4/20/82, 5/11/82, and 5/18/82; Civil Service Comm. -5/18/82; Airport Comm. -5/20/82; Bd. of Adjustment -5/5/82; Housing Comm.5/5/82; Senior Center Comm. -5/5/82; enior Center Speak -Out -5/11,182; Pl ening 2& Zoning Comm. -5/6/82, 5/24/82, and 5/27/82; Human Rights Comm. - 4/26/82. Permit motions and resolutions as recommended by the City Clerk: Approving Class C Beer Permit and Sunday Sales for Pester Marketing company, 606 S. Riverside Drive. Approving Class C Beer -Wine License and Sunday Sales for Canton House, 713-715 S. Riverside Drive. Approving Class B Liquor MICROFILMED By I JORM MIC REEL A13 � CEDAR RAPIDS - DCS 110I4[5 I i I I 11 J r I I Official Actions License and Sunday Sales for Howard Johnson's June 8, 1982 Restaurant and Motor Lodge, Hwy. 1 and 1-80. Page Two Approving Class C Liquor License and Sunday Sales for The Mill Restaurant, 120 E. Burlington. RES. 82-124, Bk. 73, pp. 571-572, ISSUING CIGARETTE PERMITS. Approving Class C Liquor License for Copper Dollar and The Loft, 211 Iowa Avenue. Approving Class C Liquor License for Foxhead Tavern, 402 E. Market Street. Approving Class C Beer Permit and Sunday Sales for Little Red Barn #422, 513 S. Riverside Drive. Motions: Approving disbursements in the amount of $1,882,268.53 for the period of 4/1/82 thru 4/30/82, as recommended by the Finance Director, subject to audit. Resolutions, Bk. 73: RES. 82-125, pp. 573-574, ACCEPTING PAVING IMPROVE14ENTS IN PEPPERWOOD ADDITION, PART 3, work done by Metro Pavers, Inc. RES. 82-126, pp. 575-576, ACCEPTING PAVING IMPROVEMENTS IN REGENCY GARDENS, PARTS I, II, III, AND IV, done by Metro Pavers, Inc. RES. 82 -127, p. 577, ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1982, McGLADREY, HENDRICKSON & CO. Correspondence: Chairman of the Airport Comm. in reply to request for information about tape recordings of Commission's meetings, no reply necessary. President of the Library Board of Trustees in reply to request for information about tape recordings of the Board's meetings, no reply necessary. Jay Honohan re the Iowa -Illinois Franchise, referred to the City Manager for reply. Iowa City Girl's Softball expressing appreciation for the Council's continued support, no reply necessary. Petition from 19 residents re zoning in the area south of Burlington, west of the alley between South Dodge and South Lucas, and east of South Van Buren, referred to the City Attorney for reply. John Morrissey re parking regulations, referred to the City Manager for reply. Applications for use of streets and public grounds: Moslem Students Society for use of sidewalks to distribute information, approved for Mondays and Wednesdays, 10:00 a.m. until 3:30 p.m. National Federation of the Blind for a Bike-a-thon on 5/15/82, approved. Iowa City Memorial Day Association to have Memorial Day services on 5/31/82, approved. Jerry Naylor to have a wedding parade, including "Krazy Klowns", on 5/21/82, approved. University of Iowa Homecoming Council to have the Homecoming Parade on MICROFILMED BY ' I JORM MICR6LA13 1 CEDAR RAPIDS DES MOINES i i r I I Official Actions 10/1/82, approved. Afro-American Cultural June 8, 1982 Center to close the deadend portion of Melrose Page Three Avenue past Burlington for a barbecue on 5/8/82, approved. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Perret, seconded by Erdahl, to set a public hearing for 7/6/82 on a proposed ordinance amending Section 8.10.10.A of the Zoning Ordinance re screening for commercial and industrial uses and manufactured housing uses to be located in the proposed RMH zone. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on a proposed ordinance amending Sections 8.10.3, 8.10.28.C,D,F and 8.10.28.11.1(a) and 8.10.29.A,B of the Zoning Ordinance concerning the interpretation of the Zoning Ordinance, creating a "Zoning Code Panel". A public hearing was held on a proposed ordinance amending Section 8.10.25 of the Zoning Ordinance prohibiting off-street vehicular parking in locations other than valid parking spaces. A public hearing was held on an interim ordinance amending Chapter 8.10, the Zoning Ordinance of the Municipal Code of the City of Iowa City, by limiting construction within a designated area for a maximum period of six months pending a decision to rezone all or part of the area. Staffinember Boothroy present for discussion re the Planning & Zoning recommendation to delete the area along South Van Buren Street from the moratorium. Councilmembers discussed the South Johnson area and the area south of Burlington Street. They requested Planning & Zoning move expediously to review the South Johnson area. The following people appeared for discussion: Mike Furman, 2305 Cae Drive; Dave Ostedgaard, 1410 E. Davenport; George Woodworth, 226 S. Johnson; Dorothy Moeller, 623 E. College; Jane Jakobsen, Planning & Zoning Commission; and John Moreland, 1941 Dellwood. Moved by Perret, seconded by McDonald, to accept and place on file the petition from residents of the College Hill Park Area, the petition from residents in area south of Burlington, and the letter from E.H. Borchardt. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by McDonald, to adopt RES. 82-128, Bk. 73, pp. 578-579, TO APPROVE THE PRELIMINARY SUBDIVISION PLAT AND PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF WALDEN WOOD. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. 141CROTILIIED BY j "JORM MICROLAB� 1 ...4 I J 1 CEDAR RAPIDS DES MO NES � I i Official Actions Moved by Balmer, seconded by Lynch, to adopt June 8, 1982 RES. 82-129, Bk. 73, pp. 580-581, TO APPROVE THE Page Four PRELIMINARY SUBDIVISION PLAT AND PLANNED AREA DEVELOPMENT, LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF TY'N CAE, PART 3. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by McDonald, seconded by Balmer, to adopt RES. 82-130, Bk. 73, pp. 582-583, TO APPROVE THE PRELIMI14ARY AND FINAL SUBDIVISION PLAT OF THE RESUBDIVISION OF BLOCK 11. Affirmative roll call vote unanimous, 6/0/1, Lynch abstaining and all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-131, pp. 584-585, TO APPROVE THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR PROJECT 182 MERCY HOSPITAL. The Mayor declared the resolution adopted, 4/3, with the following division of roll call vote: Ayes: Lynch, McDonald, Neuhauser, Balmer. Nays: Perret, Dickson, Erdahl. Moved by Balmer, seconded by Lynch, that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived and that ORDINANCE NO. 82-3063, Bk. 19, pp. 63-64, TO APPROVE THE PRELIMINARY AND FINAL PLANNED AREA DEVELOPMENT PLAN OF LOT 6, ASPEN LAKE SUBDIVISION, be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Moved by Balmer, seconded by Perret, to adopt RES. 82-132, Bk. 73, p. 586, TO APPROVE THE PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OT LOT 6, ASPEN LAKE SUBDIVISION. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Gilda Six, Gilda Imports, appeared re a problem with delivery of furniture to her business. City Manger will have the Traffic Engineer look into the situation. A public hearing was held on plans, specifications, form of contract, and cost estimate for the Library Plaza Brick Installation Project. Moved by Perret, seconded by Dickson, to adopt RES. 82-133, Bk. 73, pp. 587-588, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE 1 111CROMMEO By ' -JORM MICR6LAB .� 1 � CEDAR RAPIDS DES MOINES i 1 J r Official Actions June 8, 1982 FOR THE LIBRARY PLAZA BRICK INSTALLATION PROJECT, Page Five AND AUTHORIZING BIOS TO BE RECEIVED 6/29/82 Al 10:00 A.M. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. A public hearing was held on the City of Iowa City's UMTA Section 3 Application for financial assistance for architectural services and construction of the proposed transit facility. John Suchomel, Ecumenical Towers, appeared. Moved by Perret, seconded by Lynch, to adopt RES. 82-134, Bk. 73, pp. 589-590, AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPART14ENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Bd. of Adjustment -one vacancy for an unexpired term ending 1/1/87, and Committee on Community Needs -one vacancy for an unexpired term ending 3/1/83. These appointments will be made at the 7/20/82 Council meeting. Moved by Lynch, seconded by Perret, to appoint Jackie Blank, 830 Rider Street, to the Planning and Zoning Commission for an unexpired tern) ending 5/1/86. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Perret, to appoint Daniel Cleland, 309 Shrader Road, to the Riverfront Commission for an unexpired term ending 12/1/83. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Recommendations of the Committee on Community Needs noted as follows: CCN recommends the proposed budget for the 1982 CDBG Metro Entitlement program as outlined in the "interim recommendations" and CCN recommends that the City Council adopt the proposed Citizen Participation Plan as drafted, Consensus of Council was to defer any action until CCN members could meet with Council at an informal meeting. Recommendations of the Riverfront Commission noted as follows: After a review of the Stanley Plan as requested by the City Council, the Riverfront Commission made the following recommendations: (1) That the City Council strongly urge the Corps of Engineers to create a public river access park near the outflow from the Coralville Reservoir and that the emphasis of this park be as a natural preserve rather than a recreational facility; (2) That the City Council request that the Coralville City Council encourage River Products Company to provide a vegetative MICRUILMED BY I I JORM MICR46LAB CEDAR RAPIDS • DES MOVIES 1 r Official Actions buffer along the river near the extraction June 8, 1982 operation; (3) That the provision of an access park Page Six near the pedestrian bridge and the provision of a camping area near Rapid Creek be placed on low priority; (4) That the provision of launching and landing facilities for small craft at all existing and proposed riverfront facilities only at selected sites. That the City be commended for its past operation with the University of Iowa and be urged to continue cooperating in the implementation of the linear walkway in those areas in which the City/University property lines overlap and that the City provide the necessary plantings on City property to complement the work done by the University. Also, that the Rocky Shore Drive bikeway continue to be a high priority of the City in order to provide a safe and continuous trail on the west side of Iowa City; (5) That a riverfront community park in the peninsula area and the provision of a pedestrian bridge over the old Coralville Power Dam be placed on low priority; (6) That the neighborhood park suggested for the vicinity of Taft Speedway be accommodated with the provision of Terrill Mill Park; (7) That the work begun by Project GREEN in maintaining river visibility from public thoroughfares be continued by the City and that any use of the old Power Dam area of Coralville, maintenance of riverfront housing and removal of residential dwellings from flood -prone areas be placed on low priority; (8) That the City Council retain its policy to preserve the scenic river walls and ravines in the vicinity of Lovers Leap; (9) That the City Council refer to Planning and Zoning for possible amendments to the Comprehensive Plan in order to influence the goal of more compatible riverfront development between Burlington Street and Highway 6; (10) That the parkway designation for various segments of existing streets become a low priority since much of that designation has already been accomplished along Dubuque Street and Highway 6; (11) That it be recognized that the major south end community park outlined in the plan has been accomplished by the acquisition of Sturgis Ferry Park, Mesquakie Park and Napoleon Park and that further development of the park as conceptualized should be encouraged; (12) That the City Council in its updates of the Comprehensive Plan consult and incorporate the recommendations of the Stanley Plan wherever applicable; (13) That the City continues in its cooperative efforts with Johnson County and Coralville to improve riverfront conditions; (14) That the City in its efforts to resolve any jurisdictional questions involving the use of the river and enforcement of use ordinances; and (15) Mi NGFILNED BY i II --JORM-MICR6LA6 I CEDAR RAPIDS • DES MOINES ! r Official Actions That the City Council request that the State June 8, 1982 Hygienic Lab apprise the City periodically of Page Seven whether the Iowa River meets "swimmable and fishable" standards. Council will discuss these recommendations with Commission members at a later time. Moved by Balmer, seconded by Perret, to adopt RES. 82-135, Bk. 73, p. 591, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE CONTRACT FOR THE C.B.D. ALLEY PAVING - PHASE III, BLOCKS 65 AND 81 O.T. TO JAMES T. FOX CONTRACTING CORPORATIO14 OF MARION, IOWA, for $56,155. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by Dickson, to defer consideration of a resolution authorizing the Mayor to sign and the City Clerk to attest an agreement with Johnson County for the extension of a water main along Melrose Avenue to the Johnson County Home. Councilmember Balmer suggested the Council as a whole meet with all the members of the Board of Supervisors to resolve this issue. The Mayor declared the motion to defer carried, 5/2, with Balmer and Lynch voting "no". Moved by Balmer, seconded by McDonald, to adopt RES. 82-136, Bk. 73, pp. 592-593, AUTHORIZING AMENDMENT OF THE 1982 METRO ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Perret, seconded by Dickson, to defer consideration of a resolution adopting a Citizen Participation Plan as a policy guide for citizen participation in the Community Development Block Grant Program in Iowa City. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Erdahl, seconded by Perret, to adopt RES. 82-137, Bk. 73, p. 594, AUTHORIZING CITY OF IOWA CITY TO IMPLEMENT AN ASSISTED HOUSING REHABILITATION LOAN SUBSIDY (Section 8. Public Housing). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Perret, to adopt RES. 82-138, Bk. 73, p. 595, TO REVISE RESOLUTION 79-387 WHICH SET USER FEES FOR CITY PLAZA, to allow the City Manager to pro -rate user fees for the remainder of the season. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to adopt RES. 82-139, Bk. 73, p. 596, AUTHORIZING THE MAYOR MICROFILMED BY 1 CORM MIC ROLAB , CEDAR RAPIDS DES MOINES 1 r Official Actions TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT June 8, 1982 BETWEEN THE CITY OF IOWA CITY AND THE IOWA Page Eight GERONTOLOGY PROJECT ADULT DAY PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Balmer, seconded by McDonald, to adopt RES. 82-140, Bk. 73, pp. 597-605, AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED $23,000,000 (later amended to $20,000,000) AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT), OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF A NEW HOSPITAL WING AND THE RENOVATION AND EQUIPPING OF THE EXISTING HOSPITAL FACILITIES OF SAID HOSPITAL AND DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS. Atty. Robert Downer present for discussion. After discussion, moved by Balmer, seconded by McDonald, to amend the amount to $20,000,000. The Mayor declared the motion carried, 4/0/3, with the following division of vote: Ayes: Balmer, Lynch, McDonald, Neuhauser. Nays: none. Abstaining: Dickson, Erdahl, Perret. The Mayor declared the resolution, as amended above, adopted as amended, 4/3, with the following division of roll call vote: Ayes: Lynch, McDonald, Neuhauser, Balmer. Nays: Erdahl, Perret, Dickson. Moved by Balmer, seconded by Perret, that the ORDINANCE TO AMEND THE CODE OF IOWA CITY, CHAPTER 35, ARTICLE II, TAXICABS, be considered and given first vote for passage. The Mayor declared the motion to consider carried, 7/0, all Councilmembers present. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor Neuhauser noted two proposed amendments to the noise ordinance, re Section 24.1-3 Exceptions (concrete sawing) and Section 24.1-7 Motorized Vehicles. Moved by Balmer, seconded by Lynch, to amend the ordinance in regards to both Exceptions and Motorized Vehicles. The following people appeared re the proposed ordinance and the MICROFILI4ED BY i JORM MICR6LAB - 1 CEDAR RAPIDS - DES MOINES I 1 a 7 J r L� Official Actions amendments: Anthony Frey, 15 Caroline Ct.; Mildred June 8, 1982 O'Harra, 1115 N. Dodge Street; Bea Davis, 707 Page Nine Kimball Avenue; John Hughes, rep. Iowa City Chamber of Commerce; Andrew Isserman, 9 Caroline Ct.; Charles Ruppert, 1406 N. Dubuque Street; and Jay Honohan, rep. Iowa City Chamber of Commerce. After discussion, original motion to consider both amendments withdrawn, then moved by Balmer, seconded by Lynch, to amend by including only Section 24.1-3 Exceptions (concrete sawing). The Mayor declared the motion to amend the noise ordinance (re Section 24.1-3 Exceptions) carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by Lynch, that the ORDINANCE TO AMEND THE CODE OF IOWA CITY, BY ESTABLISHING CHAPTER 24.1, NOISE, be considered and given first vote for passage, as amended with reference to Section 24.1-3 (concrete sawing). The Mayor declared the motion to give the ordinance as amended first reading carried, affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Erdahl, seconded by McDonald, to accept and place on file the letter from Steven Hansen re the proposed ordinance. The Mayor declared the motion carried unanimously, 7/0. Moved by Perret, seconded by Erdahl, to adopt a resolution re El Salvador. Moved by Lynch, seconded by Perret, to amend the resolution to read "that the City of Iowa City urge the Congress of the United States to review policy on military aid to E1 Salvador." The Mayor declared the motion to amend carried, 6/1, Balmer voting "Iru" and all Councilmembers present. The Mayor declared RES. 82-141, Bk. 73, P. 606, THAT THE CITY OF IOWA CITY URGE THE CONGRESS OF THE UNITED STATES TO REVIEW POLICY ON MILITARY AID TO EL SALVADOR, adopted 5/1/1, with the following division of roll call vote: Ayes: Lynch, Neuhauser, Perret, Dickson, Erdahl. Nays: Balmer. Abstaining: McDonald. A more complete description of Council activities is on file in the office of the City Clerk. 0 Viuk4oAtA s/MARY C. NEUHAUSER, MAYOR ss/ABBIE STOLFUS, CITY CLERK Subr�ittgd on 6 141CROFILI4ED BY � JORM MIC R4ILA B� I CEDAR RAPIDS • DES MOINES I r MINUTES OF OFFICIAL COUNCIL ACTIONS - 6/14/82 The cost of publishing the following proceedings & claims is $ . Cumulative cost for this calendar year -for—said publication is Iowa City Council, special meeting, 6/14/82, 7:00 P.M., Council Chambers of the Civic Center. Mayor Pro tem Perret presiding. Councilmembers present: Balmer, Dickson, Erdahl, Lynch (7:12 P.M.), McDonald, Perret. Absent: Neuhauser. Mayor Pro tem Perret noted the receipt of a letter from Atty. Meardon requesting deferral of consideration of a resolution approving the Large Scale Non -Residential plan of Home Town Dairies. Moved by McDonald, seconded by Balmer, to defer indefinitely consideration of a resolution approving the preliminary and final Large Scale Non -Residential Development Plan of Home Town Dairies, Inc., located at 1109 North Dodge Street. Andrew Isserman, 9 Caroline Ct., appeared for discussion. The Mayor Pro tem declared the motion to defer carried unanimously, 6/0, Neuhauser absent. Moved by Erdahl, seconded by Dickson, that the INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD OF SIX MONTHS PENDING A DECISION TO REZONE ALL OR PART OF THE AREA (College Hill Park Area), be considered and given first vote for passage. The following people appeared for discussion: Bob Mess, 515 S. Dodge St.; Mike Furman, 2305 Cae Drive; Dave Wood, 537 S. Lucas St.; James Hawtrey, 534 S. Dodge St.; E.H. Borchardt, 516 S. Dodge St.; Donna Park, 816 E. College St.; David Arbogast, 720 E. Market St.; Les Moeller, 623 E. College St.; and Helen Gay, 506 S. Dodge. Individual Councilmembers expressed their concerns. The Mayor Pro tem declared the motion to give the ordinance first reading carried, roll call vote, 5/1, with the following division: Ayes: Perret, Balmer, Dickson, Erdahl, McDonald. Nays: Lynch. Absent: Neuhauser. Moved by Erdahl, seconded by Dickson, to adjourn 8:15 P.M. The Mayor Pro tem declared the motion carried, 6/0, Neuhauser absent. A more complete description of Council activities is on file in the office of the City C I pyk. C. UJs/MARY C. NEUHAUSER, MAYOR SABBIV STOLFUS, CITY CLERK Sublitted on 6/24/82 MICROFILMED BY j JORM MICRbLAB 1 ( CEDAR RAPIDS DES MOIIJES I i 1 r EXECUTIVE SESSION JUNE 1 4, 1 982 EXECUTIVE SESSION: June 14, 1982, 6:50 P.M. in the Conference Room at the Civic Center. Mayor Pro tem David Perret presiding. COUNCILMEMBERS PRESENT: Balmer, Dickson, Erdahl, McDonald, Perret. Absent: Neuhauser, Lynch. STAFFMEMBERS PRESENT: Berlin, Helling, Jansen, Stolfus. TAPE-RECORDED: Reel k26, Side 1, 1742-1985. Moved by Balmer, seconded by McDonald to adjourn to executive session under Section 28A.5(b) to discuss strategy with counsel in matters that are present- ly in litigation where its disclosure would be likely to prejudice or disadvan- tage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 5/0, Lynch and Neuhauser absent. The Mayor Pro 'tem declared the motion carried. Moved by Balmer, seconded by Dickson to adjourn to regular session, 7:05 P.M. Affirmative vote unanimous, 5/0, Lynch and Neuhauser absent. The Mayor Pro - tem declared the motion carried. i 141CROFILMED BY "JORM-MICR46LAB- CEDAR RAPIDS DES MOINES I r IOWA CITY MUNICIPAL AIRPORT COMMISSION Iowa City Civic Center June 10, 1982 Members Present: Saeugling, George, Schmeiser, Tiffany, Redick Staff Present: Zehr, Brown, Wright Guests Present: Dr. Full, E.K. Jones, C. Neuzil Chairman Saeugling opened the meeting at 7:35 p.m.. The minutes of the May 20th meeting were considered and corrected to read, in the next to the last paragraph of the first page, "...it was decided the NDB should be installed in the middle of the field, rather than off the airport." Zehr presented the bills for the month and explained them briefly. They were approved for payment as presented. Zehr also reported receiving grant money in the amount of $1,815.19, representing the state's share of the expense for removing trees from the runway approaches. Zehr reported having worked with Attorney Brown to refine the language of the proposed ordinance to amend Chapter 4 of the Code of Ordinances of Iowa City. Having investigated the issue of insurance for individual owners of airplanes based at the airport, Zehr could find no requirement for such insurance, and no other airport in Iowa which requires it. In regard to Flying Clubs, Zehr could find no legal definition of a club. The need for such a definition was discussed at length, but no decision could be reached. Chairman Saeugling suggested that a committee be formed to work on the problem, and George and Schmeiser volunteered to serve. Further refinements to the proposed ordinance were suggested by Tiffany, and these were agreed to by the members. Moving to Item 3-b of the agenda, Zehr reported the renter of the United Hangar Office Space has paid rent in advance until July 1, 1982, and expects to be able to inform the Commission of future intentions by that date. Since cable TV will be installed to the airport terminal building soon, Zehr requested instruction regarding the purchase of a television set to be placed in the Pilots' Briefing Room. It was decided that the radar weather reports which will soon be available would be of great benefit to pilots for flight planning, and would warrant the purchase of a small color TV set. Chairman Saeugling reported having met with Marlin Knutson, a representative of the Iowa Concrete Pavers Association, to study the problem of repairing the deteriorating runways. The recommended solution would be a bonded overlay of critical areas. Zehr is currently making drawings which will show where repairs will be needed. It was agreed to hold the next meeting of the Airport Commission on July 15, 1982. The meeting was adjourned at 8:50 p.m. Recorder: Priscilla Wright IIICROFIL14ED ev i JORM MICR6B CEDAR RAPIDS DES'MOINES X0/9 1 r MINUTES CIVIL SERVICE COMMISSION MAY 25, 1982 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Maxwell, Orel up, Walker STAFF PRESENT: Carroll, Morris PUBLIC PRESENT: Dan Dreckman, President of Iowa City Patrolmen's Association; Al Hinkel, KGAN-TV station; Pat Kroblin, WMT -TV station SUMMARY OF RELEVANT DISCUSSION: The meeting was called to order at 12:01 PM by Chairperson Arletta Orelup. DISCUSSION OF THE POLICY TO REINSTATE TERMINATED EMPLOYEES: Chairperson Orelup asked for public comments on the proposed changes to the existing Reinstatement Police. Oreckman stated that the consensus of the Patrolmen's Association is that all returning individuals should be retested by the Civil Service Commission with the Commission choosing the method of examination. Chairperson Orelup aksed for comments from the Commission members on the proposed changes to the policy. After reviewing Section 400.17 of the Iowa Code, Walker stated that he was satisfied that there is nothing in this section that prohibits the proposed changes to the current policy and that -there are no cases or other interpretations that are definitive in addressing the reinstatement of a previous employee. Walker stated that Section 400.8 establishes provisions for the Commission to hold examinations for entry-level positions but does not address the issue of reinstatement. Historically, Section 400.7, which deals with the inception of Civil Service in Iowa, gives full civil service rights (effective date: April 16, 1937) to any person who had served five years or more in a position; but any person who had served less than five years had to retest. This Section seems.to give preference to individuals with prior work experience. POLICY MODIFICATION: The Commission agreed to amend the existing policy as follows: In paragraph #1 - The one year reinstatement period was extended to two years; "a position" was changed to "an entry-level position." Paragraph #2 - The requesting former employee shall submit his/her request to the Civil Service Commission for consideration provided: t MICROFILMED RY I JORM MIC ROIL AB ? CEDAR RAPIDS DES MOINES I 1 r Civil Service Commission May 25, 1982 Page 2 Provisions added: 1. The Civil Service Commission, after an oral interview, may recommend that the individual be re-examined as provided for by Section 400.7 of the Iowa Code, or recommend to the appropriate appointing authority that the individual be considered for reinstatement. 2. Provided, however, that such physical examination of applicants for appointment to the positions of policeman, policewoman, police matron or firefighter shall be held under the direction of and as specified by the boards of trustees of the fire or police retirement systems established by Section 411.5; or for positions not covered by requirements of police and fire pension systems, a physical examination established by the City must be successfully completed. Walker moved to approve the policy as amended. Maxwell seconded the motion. The motion carried unanimously. The policy will be redrafted for signatures with an effective date of May 28, 1982. The meeting was adjourned at 12:55 P.M. MICROFILMED BY I 'DORM -MIC R#L'AB � CEDAR RAPIDS • DES MOINES I I Al 470 7 r 1 CIVIL SERVICE COMMISSION POLICY REINSTATEMENT OF TERMINATED EMPLOYEES 1. Employees who voluntarily terminate employment with the City may within two years 'of termination request reinstatement to an entry level position held prior to the date voluntary termination became effective. 2. The requesting former employee shall submit his/her request to the Civil Service Commission for consideration provided: a.. That a vacancy exists. A position is considered vacant if no one is currently serving in it and/or the position is vacated due to resignation, termination or other like actions. Vacancy does not include situations where the person occupying the position in question is on vacation or temporary leave of absence and other similar situations. b. That termination was not imposed for disciplinary purposes. C. That job performance at the time of termination was satisfactory and an initial 12 month probationary period had been completed. d.. That qualifications required in the position have not changed since the employee's separation. e. That no preferred lists exist as the result of staff reductions. 3. The Civil Service Commission, after an oral interview, may recommend that the individual be re-examined as provided for by Section 400.8 of the Iowa Code; or recommend to the appropriate appointing authority that the individual be considered for reinstatement. 4. In no instance shall the appointing authority be required to reinstate a former employee under this provision. 5. Provided, however, that such physical examination of applicants for appointment to the positions of policeman, policewoman, police matron or firefighter shall be held under the direction of and as specified by the boards of trustees of the fire or police retirement systems established by Section 411.5 of the Iowa Code, or for positions not covered by requirements of the police and fire pension systems, a physical examination as established by the City must be successfully completed. 6. Implementation/procedural policy: a. An employee requesting reinstatement is not put onto a Civil Service list. b. Entry level reinstatement -- returnee takes precedence over a certified list. j MICP,OFILMED AY I � J JORM MICROL4B CEDAR RAPIDS DES MOI YES i a C. Promotional position reinstatement -- reinstatement shall not be considered at the promotional level. A former employee who held a position of higher grade than entry level when termina- tion became effective may request reinstatement to an entry level position. 7. If a reinstatement is affected pursuant to this provision, such employee shall be considered a new employee for the purpose of seniority, benefits, salary, longevity, pension benefits and all other matters pertaining to employment. 8. This policy is effective for employees whose effective date of termination is October 1, 1978 and thereafter. Approved at Civil Service Commission meeting May 25, 1982. EFFECTIVE DATE: MAY 28, 1982 Iowa City Civil Service Commission Arletta Orelup, hairpersen ;u3ce L. Walke o A. Maxwel D. .S. 1jqA0 r j MICP.Of RMED BY JORM MIC ROLAB� I 1 CEDAR RAPIDS • DES h1019B ' !� =L __ 11 �� LA MINUTES CIVIL SERVICE COMMISSION JUNE 9, 1982 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Orelup, Walker, Maxwell STAFF PRESENT: Carroll PUBLIC PRESENT: Pasquale Taddonio The meeting was called to order at 4:10 by Chairperson Arletta Orelup. The purpose of the meeting was to consider the request of Pasquale Taddonio for reinstatement to the Iowa City Police Department under provisions of the Iowa City Civil Service Commission Policy on Reinstatement of Terminated Employees. The contents of Mr. Taddonio's personnel file were reviewed by the Commission with Mr. Taddonio, and the Commission conducted an interview of Mr. Taddonio which covered: the reasons for interest in reinstatement, reasons for leaving the Iowa City Police Department, employment history with the City and with other employers, educational background, interest in law enforcement, relations with the public and Police Department staff, career plans and length of expected employment with the Iowa City Police Department if reinstated. It was moved that Mr. Taddonio's reinstatement to the Iowa City Police Department not be recommended, by the Civil Service Commission. Motion carried unanimously. The meeting was adjourned at 5:15. /aao MICROFILMED BY r �F I "JORM MIC R(i1LAB j CEDAR RAPIDS • DES MOINES I r I I r I I L MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING May 27, 1982 - 4:00 PM ADMINISTRATIVE CONFERENCE ROOM MEMBERS PRESENT: BARTLEY, BOVBJERG, CAVITT, GRIMES, GRITSCH, WALLACE, ZASTROW MEMBERS ABSENT: DRUM, LYMAN STAFF PRESENT: EGGERS, TIFFANY, JEHLE, INGERSOLL President Zastrow called the meeting to order at 4:10 PM. Zastrow introduced Patricia Forsythe, Library Foundation Coordinator, to the Board. Forsythe has a masters degree in Library Science and was for three years a professional fund-raiser at Cal -Tech. in California. Forsythe then gave an overview of what she plans to accomplish for the Library Foundation. Minutes of the Regular Meeting of April 22nd were approved. Wallace/Bovbjerg. Disbursements for May 1 and May 15, 1982 were approved. Bartley/Wallace. The Director reported on the following: 1. The status of the FY82 budget is."comfortable" at this stage because of -assistance of volunteers, cut back in service levels last December and lack or time to work on some projects. The shape of the budget will be much easier with fifteen months of experience in the new building to base it on. 2. The sales tax refund of over $31,000.00 was received today and has • been deposited in the building project fund. I will try to work with the Finance Director to get this account closed out soon after July 1. All funds should be spent or encumbered by then. 3. The library's serious technical problems with the computer lasted from April 19 through May 6 except for brief periods of operation on 3 days. CLSI was as anxious as the library to get this system back to full operating condition. They had service personnel working on site for all but one Sunday and provided extra equipment to assist in "recovery" after the system was "uP11. Considering the inconvenience, the public was most understanding, primarily because the staff tried so hard to assist and accommodate them. 4. Because of this set back, the general upgrade to the system has been postponed to June 9-10. We hope we can complete the upgrade in 24 hours with only an afternoon and evening of downtime during public service hours. 5. We will be receiving a collection development grant from the East Central Regional System as payment for the larger share of interlibrary loans ICPL is providing since they began direct on-line searching of our catalog last September. We are currently negotiating an amount for FY1982 following completion of the trial period. 6. The "Tour Season" has begun again. We are getting several calls a week from libraries wishing to visit the library. They come to see the building, the -computer system and/or the AV/Cable facilities and programs. MICROFILMED By ' JORM MIC RbLAB i I I � CEDAR RAPIDS DES MOVIES j I I r MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING May 27, 1982 Page two There are several personnel issues which will be treated systematically in June when the Board begins it's review of the staff's draft of Personnel Policy revisions: Sunday scheduling, compensation for managers who share weekend/evening service desk shifts and classification issues. The Joint City/Union reclassification study while resulting in upgrading the classification of almost all unit employees (following an almost library -wide appeal of the preliminary recommendation) has taken a heavy toll. Staff time, staff morale, the internal coherence of library jobs and the Library's flexibility in classifying and managing it.'s personnel have been lost or damaged. The Director and the library staff were both negligent in not demanding better representation in this process. The Union vote on whether to accept the plan (as amended through appeals) will take place,Wednesday, June 2. The President named the following Board members to serve on the nominating committee to report to the June meeting: Carolyn Cavitt, Chair, Jean Bartley and Herb Lyman. He announced that the annual Board dinner would follow the June 24 meeting at 6:30 PM at the University Athletic Club. Zastrow reported on his negotiations with. Jerry Yutkin, Regional Manager of ATC (parent company of Hawkeye CableVision) regarding resolution of the dispute over air conditioning for the area leased from the Library by Hawkeye. Under the authorization given him by the Board at the April meeting, Yutkin and Zastrow agreed to install a unit similar to that used in the Library's computer room. ATC will rent the unit for several months to test its adequacy and then contribute the majority of the cost ($2300) to the Library's Gift and Bequest Fund. The Board will wave the final payment due the Library for constuction costs (51,000). The water used by the unit will be metered and charged back to Hawkeye/ATC as are the other utilities. The Board unanimously approved the proposal pending verification and confirmation of the agreement. Bartley/Wallace. The decision to commence taping Library Board meetings following a reccommendation of the City Council was discussed and the President's reply to the Council reviewed. Taping begins with this meeting and tapes will be kept in the Local Documents section of the Library to allow easy access by the public. Bartley reported for the Iowa City Public Library Foundation on the interview process that led to the selection of Pat Forsythe as the Coordinator. A Foundation phone has been installed; initial meetings with Foundation President Ostedgaard and with the Library Director have been held. Forsythe will outline some of her recommendations to the Foundation at their next meeting on June 9th. Cavitt reported on the progress of the Planning Committee. The group is continuing to meet for three hours every other Tuesday evening. They have completed a thorough examination of the Community and Library Profiles and have spent the last two meetings developing a list of issues. They are beginning to look at survey instruments to gather data needed to assist with resolution of items on the issue list. Cavitt asked if the Board would authorize funds from Gifts and Bequests to allow machine scoring and analysis of the survey results. Informal approval was given. A more specific proposal will be presented later. Cavitt also described the Committee's current dilema on the difficulty of structuring surveys so that needs of potential target groups can be identified before priorities for groups to be served have been decided. MICROFILM BY -CORM MICR OLAB 1 � L[OA2 RAPIDS DES MOINES ' boa I r MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING May 27, 1982 Page three The question of whether the Board should attempt to shape the direction of the study based on their service priorities was discussed and informally rejected. The Committee will take a closer look at the recent Staff/Board survey results in order to understand current Board priorities. Letters from Mayor Mary Neuhauser on tape recording of LibraryBoard Meetings (May 12, 1982) and from Robert F. O'Connor (May 13, 1982) andDougAllaire (May 14, 1982) regarding air conditioning in cable TV leased areas were received and placed on file. The Board conducted its annual review of the non-resident family fee card based on figures provided by the Director. The figures are based on the Board -adopted formula for computing the fee: operating budget plus city administhative and debt service costs, minus fees and contracts divided by the Iowa City population times the average family size in Johnson County�allace questioned the inclusion students in the population figure. It was decided that this was offset by the fact that only about 50% of the general fund is supported from property taxes. By majority vote, the Board approved the continuation of the $60.00 fee during FY1983 even though the formula produced a figure of $62.86. Cavitt cast the dissenting vote, feeling that the figure should be $65.00 for FY1983. The meeting was adjourned at 5:50 PM. The next regilarly scheduled meeting for the Library Board of Trustees will be June 24th at 4:00 PM in the Administrative Conference Room on the second floor of the Library. Joan Jehle, Recorde ioa � 141CRor ILMED BY I I I "JCRM MIC RE4E MO CEDAR RAPIDS DES M01. I 1 r MINU HOUSITESNG APPEALS BOARD MAY 11, 1982 8:00 A.M. MEMBERS PRESENT: Goldene Haendel, Carol Karstens, Alvin Logan MEMBERS ABSENT: Mike Farran, Beth Ringgenberg STAFF PRESENT: David Brown, David Malone SUMMARY OF DISCUSSION AND ACTION TAKEN: Chairperson Haendel called the meeting to order. Karstens moved that the minutes from the previous Board meeting be approved, this motion was seconded by Logan. The motion carried. APPEAL OF MS. ELINOR PETERS: Others present: Ms. Elinor Peters Inspector Malone reported an inspection was conducted at 129 East Church on February 18, 1982. An appeal request was received on March 2, 1982. This property is also known as 529 North Dubuque. The ceiling heights on the second floor in Apt. 3 of the four -unit complex are slightly less than the required 7'. The ceiling height in the bedrooms are approximately 6'8" and 6'10" sloping down to about A' on the sides; the living room is about 6'10" sloping to about W. This violation had been appealed approximatelyyears A form when thehCouncil grandfathered ceiling heights on existing properties. been sent to Ms. Peters stating that it was not necessary for her to complete her appeal since Council had changed the code. The issue is being brought up again as a licensing inspection was conducted under the new Housing Code. Ms. Peters reported that the apartment had adequate lighting and ventilation and that she has never received any complaints from occupants. Logan asked if it would involve major construction to raise the ceiling and the approximate cost. Ms. Peters stated it was the main structure of the house and had no idea of the cost. She felt it was unreasonable to think about it because it was a very livable situation. Karstens made a motion that because of the number of windows and the amount of ventilation a variance of Chapter 17-5.N. be granted. Logan seconded. The motion carried. APPEAL OF MARIIRIE TRUSTY Others present: None ection Inspector Malone presented theat 1014for Cottonwood. Thecappealnwas srecei edwon conducted on March 5, 1982, appealed. They are: Chapter 17- March 9, 1982; four violations are being app 7,A,(3) the front entry door lock does not lock from the inside; Chapter 17- 7.A.(5) the kitchen floor is cracked and is missing materials in front of the 1 ; MICROEIUIED By i t CORM MIC ROLA B' CEDAR RN'105 DES td01YES I /va aa - 7 r L7, HOUSING APPEALS BOARD MAY 11, 1982 PAGE 2 sink; Chapter 17-7.C. the gutter joint on the south side is broken; and Chapter 17-7.J. the tub faucets were leaking in the upstairs unit. Ms. Trusty informed Malone that the locks have been fixed on the door. Haendel made a motion to uphold Chapter 17-7.A.(3), door lock not maintained in functional condition. Karstens seconded the motion. The motion carried. Karstens made a motion to uphold Chapter 17-7.A.(5), kitchen floor not maintained such that it may be kept clean and sanitary. Haendel seconded the motion. The motion carried. Logan made a motion to uphold Chapter 17-7. C., rainwater drainage system not maintained in good state of repair. Haendel seconded the motion. The motion carried. Haendel made a motion to uphold Chapter 17-7.J., tub faucets not maintained in good working condition. Logan seconded the motion. The motion carried. APPEAL OF WILLIAM TERRY Others present: William Terry Inspector Malone reported on a licensing inspection conducted at 527 East College, on February 16, 1982. The property consists of six dwelling units and one rooming unit. The property had been inspected by Inspector Vezina the year prior and the code at the time did not have a requirement of 7' ceiling height. The violation being appealed is Chapter 17-5.N.(4) lack of required ceiling height in the kitchen and livingroom of Apt. 7, which have ceiling heights of 6'4" and 615". Mr. Terry stated that he had purchased the structure in 1973. The basement at that time was condemned. Plans were drawn up to bring the entire structure up to maximum code. The basement floors were dug out to get maximum ceiling heights. They spent over $20,000 at that time. The bedroom has adequate windows, the livingroom has three windows, the kitchen has no windows but upon recommendation of the City, an extensive exhaust system was installed. Karstens inquired about the ventilation system and there was discussion on the location of the windows. Mr. Terry stated the apartment had always been rented to only one person and that there were hot air and water pipes above the ceiling in both the kitchen and livingroom. Haendel asked about the type of heating. Mr. Terry explained that a new forced air furnace was installed last year. There was discussion on the means of escape from the bedrooms in case of fire. Mr. Terry pointed out that window wells were installed so tenants would be able to climb up and out. He also pointed out that there is egress from each room. Logan made a motion to grant a variance of Chapter 17-5.N.(4), lack of required minimum ceiling height. Karstens seconded the motion. The motion carried. 1042CPL 1 141CROEILMED By JORM MICR6LAB 1 -J CEDAR RAPIDS DES MOINES i i i r HOUSING APPEALS BOARD MAY 11, 1982 PAGE 3 APPEAL OF MR. JOHN SCHINTLER Others present: John Schintler Inspector Malone reported that on March 12, 1982, a licensing inspection was conducted at 429 East Bowery, which is a single-family dwelling. On the third floor there is a room being used as a television room which has a ceiling height of 6'5h" and drops down to 31. Mr. Schintler is willing to install a secondary egress, and apply for a building permit if a variance is not granted. He has adequate window area, and a place for a fire ladder at the base of two windows. Mr. Schintler stated that the room in question had been finished off years ago before he purchased it. He had known that it did not qualify as a sleeping room so he has not rented it as such, but due to the increasing cost of taxes, repairs, maintenance, etc., he is asking that a ceiling height variance be granted so he can generate more income. David Malone further explained the layout of the third floor. The ceiling height is 615i" at high point and then it slopes down gradually to 31. There is also heat, electrical outlets, smoke detector and a fire extinguisher. The room is quite large. David Brown stated that the Board needed to consider its decision very carefully as to whether this type of format would raise a health and safety consideration. Haendel stated that she would very much like to have Fire Marshal Kinney look at it, as he would be able to judge the fire code and health and safety of the room. Carol Karstens made a motion that they defer a decision until the Fire Marshal had inspected the room and could report to the Board. Logan seconded the motion. The motion carried. APPEAL OF JOHN NOLAN Others present: None Inspector Malone reported that on March 2, 1982, he conducted a licensing inspection at 1000 E. Church. Only one unit of this duplex was inspected. Several violations were cited. Mr. Nolan was not present, but Inspector Malone read his letter of appeal to the Board. His appeal concerned the ceiling height in the second floor unit. The livingroom has a height of 6'8" at its peak. The ceiling height of the bedrooms A f 6'1" to 612" at the peak and sloped down to 315". range rom There was a lengthy discussion by the Board. The concern was expressed that this ceiling height was very low and the question raised of what the Board's liability would be in granting a variance in this situation. David Brown pointed out that the Board's responsibility is to protect the public from serious health and safety factors. Karstens made a motion to uphold the violation, Chapter 17-5.N.(4), lack of required minimum ceiling height in the two upstairs bedrooms. Haendel seconded the motion. The motion carried. MICROFILMED By � JORM MIC ROLAB 1 CEDAR RAPIDS • DES MOIAES /oa.0)- It J r HOUSING APPEALS BOARD MAY 11, 1982 PAGE 4 Karstens made a motion to grant a variance of Chapter 17-5.N.(4) lack of required minimum ceiling height in the second floor livingroom. Goldene Haendel seconded the motion. The motion carried. APPEAL OF JOHN NOLAN Others present: None Inspector Malone reported that he did a licensing inspection on March 25, 1982, at 424 E. Davenport. Mr. Nolan is appealing several violations. The first violation discussed was Chapter 17-5.M.(1) lack of required electrical outlet in an entryway, being used as a bedroom. He explained that this was meant to be an entryway to the unit, but as the unit only has one bedroom, the tenants were using it as a bedroom. The room meets all other requirements for a bedroom. Haendel made a motion to uphold the violation, Chapter 17-5.M.(1) lack of required electrical outlet. Karstens seconded the motion. The motion carried. The next violation discussed was Chapter 17-7.5.N.(4) lack of required minimum ceiling height in the northwest basement room due to a wooden platform constructed by the tenants. Karstens made a motion to uphold the violation, Chapter 17-5.N.(4) lack of required minimum ceiling height. Haendel seconded the motion. The motion carried. The next violation discussed was Chapter 17-6.A. lack of required access in the first floor entryway being used as a bedroom, requires the occupant to go through another bedroom to get to the bathroom. Karstens made a motion to uphold Chapter 17-6.A. lack of required access. Logan seconded the motion. The motion carried. The next violation discussed was Chapter 17-7.I. electrical system not maintained in good and safe condition, concerning a basement and a third floor room. Karstens made a motion to uphold Chapter 17-7.I., electrical system not maintained in good and safe condition. Logan seconded the motion. The motion carried. The next violation discussed was Chapter 17-7.8. accessory structure not maintained in good state of repair, concerning the window in the garage. Karstens made a motion to uphold Chapter 17-7.8. accessory structure not maintained in good state of repair. Haendel seconded the motion. The motion carried. The last violation discussed was Chapter 17-7.C. rainwater drainage equipment not maintained in good state of repair concerning the downspout on the northeast side of the house, second floor level. /oaa MICROFILMED RY JORM MICR46LAB J CEDAR RAPIDS DES MOINES � I � i f HOUSING APPEALS BOARD MAY 11, 1982 PAGE 5 Logan made a motion to uphold Chapter 17-7.C. rainwater drainage equipment not maintained in good state of repair. Karstens seconded the motion. The motion carried. APPEAL OF BERNIE BARBER Others present: Bernie Barber Inspector Malone explained that this matter concerning 114 Evans Street had been before the Board on December 10, 1981. At that time the Board had granted Mr. Barber 90 days to look into the possibilities of obtaining a corner sink for a half bath off the kitchen of a first floor room. Inspector Malone presented a written estimate for the cost of placing a sink in the half bath. He also read a letter from Mr. Barber to the Board concerning his appeal. Mr. Barber explained that it would be a financial hardship and in this situation, there is a sink within five or six steps of the half bath in the kitchen. Haendel made a motion to grant a variance of Chapter 17-5.E. lack of or improper i location of required lavatory basin. Karstens seconded the motion. The motion carried. Karstens made a motion to adjourn the meeting. Haendel seconded the motion. The motion carried. The meeting was adjourned. Caro A. I:arstens, ice- Iairperson I . i I i I /oaf 141CROFILMED BY JORM MIC RIJLAO L CEDAR RAPIDS • DES MOINES i � ' I i r CITY COUNCIL RULES COMMITTEE June 8, 1982 RULES COMMITTEE: Meeting of June 8, .1982, 7:25 P.M., in the City Manager's Conference Room. COMMITTEE MEMBERS PRESENT: Erdahl and Lynch STAFFMEMBERS PRESENT: Karr AGENDA POSTING Erdahl,questioned the agenda for the committee being posted without specific items to be discussed listed. Staffinember Karr referred to a reply from past Asst. City Atty. Scholten when he stated that the meetings of the Rules Committee were open meetings called only after referrals were given at open Council meetings. He felt the present method of notification/posting was appropriate. COMMITTEE ON COMMUNITY NEEDS Moved by Lynch, seconded by Erdahl, that the length of term of office for Committee members be changed from two to three years. The Rules Committee recommends this change. PLANNING AND ZONING BY-LAWS The Rules Committee would like a progress report on the status of the by-lawso and is prepared to meet to discuss them as soon as possible after P & Z's report is received. They realize new members have been appointed to the Commission since past discussions and would like to see this matter resolved prior to final considera- tion of the zoning ordinance. /00?3 1 1 n 1CROEILMED BY --JORM MICR4LA13 1 CEDAR RAPIDS • DES 14014ES ' � r IOWA CITY CONFERENCE BOARD May 20, 1982 IOWA CITY CONFERENCE BOARD, May 20, 1982, in the Conference Room at the Civic Center, 7:30 P.M. Mayor Neuhauser presiding. COUNCILMEMBERS PRESENT: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. JOHNSON COUNTY BOARD OF SUPERVISORS PRESENT: Ockenfels, Donnelly, Langenberg, Sehr. IOWA CITY COMMUNITY SCHOOL BOARD PRESENT: Aldinger, Phelps. STAFFMEMBERS PRESENT: Deputy City Clerk Marian Karr, Human Relations Director Anne Carroll, Acting City Assessor Dan Hudson. OTHERS PRESENT: William Greazel and Ernest Lund TAPE RECORDED on Reel 82-11, Side 2, 1383-1898. Deputy Clerk Karr advised that a quorum was present. Mayor Neuhauser announced that the meeting was being held to appoint a City Assessor. The Board of Examiners had received 13 applications and a screening committee had narrowed down the applicants to 3. Moved by the City (Dickson), seconded by the County (Ockenfels), to appoint Dan Hudson. The School Board (Phelps) nominated Ernest Lund, motion failed for lack of second. The County (Langenberg) nominated William Greazel, motion failed for lack of a second. Moved by the County (Ockenfels), seconded by the City (Erdahl), that nominations cease. Upon a show of hands, the Mayor declared the City and County had endorsed Dan Hudson and announced his appoint- ment, 2/1. Moved by the City (Balmer), seconded by the County (Ockenfels), to adjourn to executive session to discuss strategy in matters relating to employment conditions of employees who are not covered by a collective bargaining agreement under Chapter 20. There was discussion re the necessity for adjournment to executive session. After discussion, consensus was to discuss the matter of salary in open session. Original motion withdrawn. Human Relations Director Carroll stated that retiring Assessor Belger was currently making $32,650 and was scheduled to go to $34,600 July 1st. First Deputy Hudson was currently making $26,120 and scheduled for $28,200 on July 1st. Moved by City (Erdahl), seconded by the County (Ockenfels), to set the salary for the new Assessor at $31,000, subject to no raise July 1st. The Mayor declared the motion carried, 3/0, each entity voting "aye". Mayor Neuhauser requested the Assessor's office operate with MBO and prepare the proper forms at budget time. There were no objections. There was discussion re an 18 -month review for the new Assessor. Moved by City (Perret), seconded by County (Ockenfels), to schedule an evaluation in 12 -months and appoint a committee consisting of one member of each entity. After discussion, consensus was to have 149-`A IMICROf MED BY JORM MICROLA6 1 CEDAR RAPIDS DES MOINES � I I r City Conference Board May 20, 1982 Page 2 committee meet with the Human Relations Director, the legal staff, and Assessor Hudson and establish criteria to be used. Original motion withdrawn. The criteria will be furnished to all members prior to the review. Assessor Hudson requested the approval of an addendum to the re -appraisal contract. He pointed out that the original contract provided for 12 property appraisals only for the contract price of $6120. However, the firm agreed to also appraise four more properties, bringing the total to 16, for $6000. Hudson pointed out a savings of $120. Moved by the City (Balmer), seconded by the County (Sehr), to proceed with the addendum and authorize the Mayor to sign. There were no objections. Individual Board members congratulated new Assessor Hudson and urged him to contact them with any problems he may have. Moved by the City (Lynch), seconded by the County (Donnelly), to adjourn 8:00 P.M. The Mayor declared the motion carried, 3/0. MICROFILMED BY 1 DORM MIC ROLAB 1 CEDAR RAPIDS • DES MOINES /0a4 ��l RESOLUTION NO. 82-142 RESOLUTION TO ISSUE CIGARETTE PER14ITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See attached list. It was moved by Perret and seconded by Dickson ithat the Resolution as read be adopted, and upon roll call there were: j AYES: NAYS: ABSENT: i Balmer X Lynch X Erdahl X I Neuhauser X iPerret X Dickson X I McDonald X Passed and approved this _22nd day of June 19 82 . " !kA:!4 C. IA,e l.a&L44U Mayor Attest:Z&_ LL City Clerk /036 MICROf ILMED BY JORM MICR6LAB CEDAR RAPIDS • DES MOINES ` r� .L r 1 r CIGARETTE PE. .S - July 1, 1982 to June 30, . 3 (page 2) 83-57 Amelon's Skelly Service, 204 N. Dubuque 83-58 Osco Drug #448, 201 S. Clinton 83-59 Owens Brush Co., Lower Muscatine Rd. 83-60 Randall Foods, 1851 Lower Muscatine 83-61 Discount Dan's Shell, 933 South Clinton 83-62 Fraternal Order of Eagles, Aerie 1,695, 225 Hwy 1 SW, Box 507 83-63 Whiteway Supermarket, 212 S. Clinton 83-64 Diamond Dave's Taco Co., Old Capitol Center 83-65 BPO Elks =;590, 637 Foster Rd. 83-66 Watt's Food Market, 1603 Muscatine Ave. 83-67 Walgreens, -1646 Sycamore St. 83-68 Johnson County Jail Commissary, P.O. Box 2177 83-69 Finkbine Golf Course, Iowa Memorial Union 83-70 Iowa Memorial Union, Iowa Memorial Union j 83-71 83-72 83-73 83-74 83-75 83-76 83-77 ' 83-78 83-79 83-80 83-81 83-82 83-83 ' 83-84 i 83-85 83-86 83-87 83-88 83-89 83-90 83-91 83-92 83-93 83-94 83-95 83-96 83-97 93-98 83-99 83-100 83-101 83-102 83-103 83-104 83-105 U=1 MICROFILMED BY ' JORM MICR6LA6- CEDAR RAPIDS DES MOINES I /03` J� r RESOLUTION NO. 82-143 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Gabe's, 330 E. Washington Iowa City Aerie K695 It was moved by Perret and seconded by Dickson that the Resolution as read e adopted, and upon roll—c-a-11 there were: AYES: NAYS: ABSENT: Balmer x Lynch x i Erdahl x I Neuhauser x Perret x Dickson x McDonald x Passed and approved this 22nd day of June r 19 82 . Mayor % A Attest: &Z,4e City Clerk MICROFILMED BY -JORM- MIC R6LA13 1 CEDAR RAPIDS DES'MOINES X03 r f� INF0101. - )N FOR APPLICA-1 uN FOR SUSPENS of TAXES. . Name: /i��if ,J / �iCf/Si�lGGr Address: ?") ✓e -"w" Age: Occupation: 6el/JOw60 4uS'7w1r1' Martial Status: 60 D 0 c,) Dependents: AfOA4� Monthly Income: + - Earned: .............. $ Private Pension: ..... $ ' I� Government Pension: .. $ 5' 90 ( Soc Sroonrrry I TOTAL ................ $ 9u 9e i I dZio4o Market Value of House per Iowa City Assessor: $ f O✓6x rS 6rarts ! i Have Taxes been suspended in previous yearsv \�as When:. I Is applicant disabled? //1's 1"7PeryMO I ��a cf /-CBWwrS Status of General health: Good? Poor? bad? ADDITIONAL INFORMATION WHICH APPLICANT PEELS ENTITLES HIM TO SUSPENSION: Gvr fFwou r pov n Sfn .SPS Soc .nc SoVur+.ly� /I n.� SUr PriVOr� TAT air tl �Sc-r -M A✓oi0 `10. jl owl WLL.FAev ' III LROFILIIED BY 1 " ! 1 JORM MICRpLAO CEDAR RAPIDS DES MOINES i f r L J�I Petition for Suspension or Remission of Taxes on Account of Age or Infirmity t t TO '111F. BOARD or timaanasults or........._.�...�:....................... ..._................ .........L........COUNTY, lovvn: . The undersigned reepcctfully represents that, by reason of ....l" 'J/ . he is unable to Con - OIL INrmAnTY) tribute to the public 1'CCl•Illn'; that .51w is the owner of the fullowiug described property upon which .:ihc asks I/ that the luxes fur the current year be..... .t '�2C l(� F'c�. .... ...under the provisions of Chapter 281, Acts (SUS14:x OF:D Olt REMITTED) . of the Thirty-ninth General Assembly, to -wit: EALPR PROPERTY (Giveidescription) ..........!,...........`......G..t .......... i.........i.i.I..I.........1.......C-................. 1, f I.l.0 41 ......I...Lt.....f>..........j..........c<4/......c{........................................ . .................... ..................._ .................... ............ I....................... ... .......... ................. PERSONAL PROPERTY ....:... ...... ............ ............. ...... Petitioner. 1. ,,v Subscribed and sworn to before mu aL............::...............:.../.................................'.... Ioxa, t_4 - n thts.......�.�... .....day of........_..tiy.C:................................. ..........f`...................;/ll _'.. %,Lt't�................... IL\otmy I lie or County Auditor. a•"4 DAVID 1. ELIAS MY COMMISSION EXPIRES,� N5r', ...County, Iowa. ]it and for ...... ..................................... APPROVAL ol I.........Abbie............St...fus........................... ............... ............................ Clerk of the ....... Clty.......... ... _._........................... . (CITY, TOWN Olt 'TOWNSHIP) 10W0 Clt ........ in the County of ..... JObnSon.............................................. State of Iowa, hereby certify that ut a meeting of Ihc....Council .... ........ _. .of said.......�.JAY...of..IoW..a..0.ty.................._.................... (COUNCIL Olt TRUSTEM) (CITY, TOWN Olt TOWNSHIP) held on the ..... 22nd day of .......... Jupe ............................................•. ]082..., the within mud foregoing petition Was duly considered mid.... approved wider the provisions of Chapter 281, Acts of the Thirty- . (AI'I'I<o l'lin oil ❑ISSI'1'IIUCI:n) ninth General Assembly. .............Iowa..Ci... .................. Iowa June 24, 82 1 J......... Gily MICROFILMED BY DORM MIC RI6L AB ) CEDAR RAPIDS • DES MOINES i r 101,kA DEPARTMENT OF TRANSPORTATION .` HIGHWAY DIVISION Application for use of Highway Right of Way for Utilities Accommodation Applicant: Iowa–Illinois Gas 6 Electric Company (Address) Iowa Department of Transportation Ames, Iowa 50010 (Name of Owner) ne Iowa Cit (City) �•••- ounty _ n h -• Ior4 Permit No.. Iowa 52290 Gentlemen': Approval is hereby requested for the use of Primary Highway21--- 8 — In Sec, 15 T 79th(Number)-- R 6W Johnson County 0,13 south miles,' from- Station 999+95 (Iowa Cit Iowa (Direction) ) 999+95 to 992+95 (P1ace,Town,Etc.) line a for the transmission No. for the accommodation of an Iles for the Ira smisslon o el ectricit 13,800 3 phase The installation shall consist of Construction of 380 feet of 13 800' V 3 hase line from (Detail ed Descrintb.,.f from stati – – – a "wYs -1 6 s 218 inte .and w111 he located as shows on the detailed plat attached hereto. AGREEMENTS*: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Penalties) agrees that the following stipulations shall govern under this permit. 1. The location, construction and maintenance of the utility installation edvered,by this application Iowa Department of Transportation Utility Accommodation Policy. shall be in accordance with the current 2. t The installation ameet the requirements of local municipal, court state, and federal laws., franchise rules, and regulations, regular of the lora Department of Transportation, and an tions and directives oft th the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regulations y other laws or regulations applicable. 3. The Permittee shall be fully responsible for any future adjustments of its facilities within the established highway rightof way caused by highway construction or maintenance operations. ' 4. The low•n Department of Transportation shall give the Permittoo at least 48 hours written notice of any propoeod construction or maintenance iwork, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Parmitlee, in order that the Permittee may arrange to protect its facilities. S. The State of Iowa and the Iowa Department of Transportation assume by any construction of maintenance operations on said highway. no responsibility for damages'to the Permittco'a property occasioned 6. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard the j lives and property of the traveling public and adjacent properly owners. 7. The Penalties agrees to give the Iowa Department of Transportation forty-eight hours' notice of its intention to start construction on the highway right-of-way. Said notice shall be made in writing to the Engineer whose name is shown below. S. The Permittee agrees to at all times give the Iowa Department of Transportation timely notice of intention to perform routine maintenance within the right-of-way. Said notice shall be to the Engineer whose name Is shown below, 9. the The Permittee, and its contractors, shall carry on the construction or Walt of the accommodated utility with serious regard to the safety of the public, rel D e ,rejection shall and in accordance xlth Pen V1 of the current Iowa Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. Rlgbx•ay Division personnel may supervise nagging oPerationb where eonside�ed necessary by the Engineer. The original placement of signs and removal on eomplotion of the work shall be accomplished by the (Permi'l`a) (1L15�+w'+y-Di vlalon). 1 `mu om one) e i' MICROFIL14ED DY i -"CORM MIC R4i/LAB 1 ( CEDAR RAPIDS •DES MOINES Ill � L 10. Dpematucs is tit, eunsauctml and maintenance of said utility installation shat ba carried un in such a ismer at, to cause minima o; tit. .Interference to or bst:acuun of traffic on sai � bway. y 11. The I'eilllitlel' shall be responsible far any damage that Nal' insult to said Inghw'ay' because of the CerlfitrllCtlml operation, or Inalntioiance of said utility, and shall reimburse the State of Iowa or the Iowa Deparununt of 1'raii6punatlon ant' expenditure that the State of Iowa or the Iowa Deparunent of Transportation may have to make oil said highwaybee mbe of said Pmmiaee's utility having been constructed, operated, and malnlulned thmeon. IN.. The Perfidious shall indemnify and save harmless the State of Iowa, and the laws Department of Transportation from any and all causes of action, suits at law or to equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of. or due to the acts or onimissions of said Permiten's officers. members, agents, representatives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit. la. Nun. cmnpllance with any of the terms of the Iowa Department of Transportatiun policy, permit, or agreement, may be considered cause for shutdown of utility construction operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cast or any work caused to be performed by the State in removal of non-cmnplying construction will be assessed against the Permittee. 14. A copy of the approved permit shall be available on the job site at all times for examination by Department of Transportation officials. 15. The following special requirements will apply to this permit: APPLICANT: Iowa -Illinois Gas & Electric Co Home of Owner 1630 Lower Muscatine, Iowa City, IA Address By P ,4-tS 9U-1 41a C' - r4s, Signature Tie -- Date ` Z_ APPROVAL OF CITY OR TOWN (if proposed line is within an Incorporated town or city, the Council of said town or city must grant approval for Installation.) "Th trslguod city awe Joins In the grants embodied le mho above permit ezecuted by the Iowa Department of Trans- portatlo 00 ondltioo th all f the covenants and undertakings the:efn running to the Iowa Department of Transportation shall I" ure o h e un erslgned city or to/wj�1 The pertmit Is approved by the below delegated city or town official. By t2..vx,.pyl. Datey or — Z3' 42 APPROVAL BY THE STAT R P ANO IED INSTALLATIONS Date r _ 2�,0' Reside a seance Engi ter W�I.I.16M I ZI APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS .Recommended Resident Yaloleoance Engineer Data Approved Ilblricx Malotreaace Eoalom Date Notice of intention to start oon#lruoton on the highway rlght-ol-way shall be aent to: Cntinter . Addleu Telephone Notice of intention to start malolenance on the highway right -of- way#hall be sent le: Add,... Tcte; hest b oopiea of this applleatloa .111 M rh+li.d lo, JI--- IIICROFILI4ED By I J JORM MICROLAB CEDAR RAPIDS - DES 1018E5 r IOWA DEPARTMENT OF TRANSPORTATION Folm etooa HIGHWAY DIVISION n•re Application for use of Highway Right of Way for ., Utilities Accommodation Applicant: Iowa—Illinois Gas and Electric Company (Name of Owner) County Permit No. 1630 Lower Muscatine Iowa City Iowa 52240 (Address) (City) (S4te) (Zip Code) Iowa Department of Transportation Ames, Iowa 50010 Gentlemes': Approval is hereby requested for the use of Primary Highway 1, 6 & 218 in Sec. 16 (Number) T 79N R 6W Johnson County 0.018 miles,' south from 'center line of Riverside Ct, Iowa City, Iowa (Direction) (Place, Tows, Etc.) at Highway Station(s) No. 18" line for the transmission of e The'iastallation shall consist of for the accommodation of an 13 .8KV three phase . electric electric line and neutral wire to serve existing customer who is rewiring to a 3 phase electrical system. Secondary cable at Sta. No. + wi= be removed. and will be located as shown on the detailed plat attached hereto. AGREEMENTS: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee) agrees that the following stipulations shall govern under this permit. 1. The location, constmetlon and maintenance of the utility installation covered by this application shall be in accordance with the current Iowa Department of Transportation Utility Accommodation Policy. 2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regular tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all miss and regulations of the Iowa Department of Transportation, and any other laws or regulations applicable. 3. The Permittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused by highway construction or maintenance operations. 4. The Iowa Department of Transportation shall give the Pormittoo at least 48 hours written notice of any proposed construction or maintenance work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Pormittoo, in order that the Permittee may arrange to protect its facilities. S. The State of Iowa and the Iowa Department of Transportation assume no responsibility for damages to the Permitteo's property occasioned by any construction or maintenance operations on said highway. S. The Pomdttee shall take all reasonable precaution during the construction and maintenance of said Installation to protect and safeguard the lives and property or the traveling public and adjacent property owners. 7. The Permittee agrees to give the Iowa Department or Transportation forty-eight hours' notice Of Its intention to start construction on the highway right-of-way. Said notice shall he made In writing to the Engineer whose name is shown below. S. The Permittee agrees to at all times give the Iowa Department of Transportation timely notice of intention to perform routine maintenance within the right -or -way. Said notice shall be to the Engineer whose name is shown below. 9. The Permittee, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety of the public. Traffic protection shall be in accordance with Part VI of the correct Iowa Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. Highway Division personnel may supervise flagging operations where considered necessary by the Engineer. The original placement of Signa and removal on enmpletion of the work shall be accomplished by the (Permittee) (Highway Division). �([� (em., out ane) 7 MICROFILMED R1' JORM MICR46LAB CEDAR RAPIDS • DES MOINES 1 J r I I 10, Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to cause minimum of interference to or distraction of traffic on said highway. 11. The Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance of said utility, and shall reimburse the State of Iowa or the Iowa Department of Transportation any expenditure that the State of Iowa or the Iowa Department of Transportation may have to make on said highway because of said Pennittee's utility having been constructed, operated, and maintained thereon. 12. The Permittee shall indemnify and save harmless the State of Iowa, and the Iowa Department of Transportation from any and all causes of action, suits at law or In equity, or losses, damages, claims, or demands, and from any and all liability and expense of whatsoever nature for, on account of, or due to the acts or ommissions of said Permittee's officers, members, agents, representatives, contractors, employees or assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit. 13. Non-compliance with any of the terms of the Iowa Department of Transportation policy, permit, or agreement, may be considered cause for shut -down of utility construction operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused to be performed by the State in removal of non -complying construction will be assessed against the Pannittee. 14. A copy of the approved permit shall be available on the Job site at all times for examination by Department of Transportation officials. 15. The following special requirements will apply to this permit: APPLICANT: Iowa -Illinois Gas & Electric Company - Name of Owner 5 gnature Tlae 1630 Lower Muscatine, Iowa City, IA Date 4qL,_,E. Address APPROVAL OF CITY OR TOWN (If proposed line is within an incorporated town or city, the Council of said town or city must grant approval for installation.) "The gned city o n Joins in the grants embodied in the above permit executed by the Iowa Department of Trans- portationa con tiot, th all of he covenants and undertakings therein running to the Iowa Department of Transportation shall insure to a be ado igned city or town. /The permit Is approved by the below delegated city or town official. Rv - (,, �j �mg irri�t Date Z -23-9Z APPROVAL BY THE STATE FOR POLE LINE AND BURIED INSTALLATIONS Date Resident Maintenance Engineer APPROVAL BY THE STATE FOR BRIDGE ATTACHMENTS Recommended Resident Maintenance Engineer Date Approved District Malolenanre Eosineer Date Notice of Intention to start construction on the highway right-of-way shall be sent to: Notice of Intention to start maintenance on the highway right-of-wayaball be sent to: 5 copies of this application will be required for all lnstallallons. 111CR0f ILPID By JORM MICROLAB � CEDAR RAPIDS •DES td014ES Telephone Telei.'aaac IF 181+14 —� I S. RIVERSIDE CT. (PRIVATE) 180 +9O____"4, DOMINO'S PIZZA 22' DRIVEWAY 180+31 PROPOSED 7620 VOLT PRIMARY CABLE 180+05.51 MIN. CLEARANCE: 31' PROPOSED POLE 180+07 (L 33' POLE TO BE REMOVED 180+02.5 (L26' d DRIVEWAY 181+23 t I I m+ EXISTING POLE (0 I 180+97.5 (L28' J I 35' DRIVEWAY I 180 t 62.5 I1 I EXISTING PRIMARY I EXISTING POLE I 180+05 �_ 26.5' I PROPOSED 6' ANCHOR SECONDARY CABLE TO BE REMOVED. 180+03.5 APPLICATION FOR USE OF HWY. 218 Ek 6 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY PURPOSE: TO SERVE NEW DOMINO'S PIZZA T 79 N ; R 6 W ; SEC. 16 SCALE: I" = 30' t I MICROFILMED BY 1 I JORM MICROLAB --I CEDAR RAPIDS • DES MOINES � I 1 /JJ�tscl%;9 a RESOLUTION NO. 82-144 RESOLUTION ACCEPTING THE WORK ON THE RENOVATION OF THE AIR CONDITIONING AND HEATING SYSTEMS WHEREAS, the Department of Housing and Inspection Services has recommended that the improvement covering the Renovation of the Air Conditioning and Heating Systems at the Civic Center, Police and Fire Department Building as included in a contract between the City and Jones Plumbing and Heating, Inc., of Iowa City dated October 20, 1980, be accepted and WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: x BALMER x DICKSON i x ERDAHL x LYNCH x McDONALD x NEUHAUSER x PERRET Passed and approved this 22nd day of _ June 1982. s `1M Cu u C. ''UL"AL1.1.w Lj MAYOR 4 i ATTEST: �� tL �!I /✓' i CITY CLERK Received $ Approved By The Legal Department f3 MICROFILMED BY J JORM- MICRd/LA9- — -� CEDAR RAPIDS • DES MOIYES III RESOLUTION NO, 82-145 RESOLUTION ACCEPTING THE WORK FOR THE LAFAYETTE STREET RAILROAD BRIDGE PROJECT WHEREAS, the Engineering Department has recommended that the im provement covering the Lafayette Street Railroad Bridge Project as included in a contract between the City of Iowa City and North Iowa Contractors, Inc. of Manchester Iowa dated October 27, 1981 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Perret and seconded b that the resolution as re e a opt y Dickson p , and upon roll call ere were: AYES: NAYS: ABSENT: Balmer x f Dickson x Erdahl x i Lynch x i McDonald x Neuhauser x Perret x passed and approved this 22nd day of June 19 82 ATTEST: Mayor *CAClerkA/z4e---'� /o Received A Approved By The Legal Dcpaltineni r r" ; wcRDEILMED BY ,J i I JORM MICRbLAIG I JI CEDAR RAPIDS DES MOIRES I 7 1 r CITY CIVIC CENTER OF 410 E. WASHINGTON ST OWA IOWA CITY, IOWA 52240 ENGINEER'S REPORT June 16, 1982 CITY (3191356-500D Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Council persons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and speci- fications of the Engineering Division of the City of Iowa City. The i required maintenance bond is on file in the City Clerk's office. t The Lafayette Street Railroad Bridge Project as constructed i by North Iowa Contractors, Inc. of Manchester, Iowa. r. I hereby recommend that the above mentioned improvements be accepted by i the City of Iowa City. Respectfully submitted, I Frank K. Farmer, P,E. City Engineer FKF/DG/jp MICROFILM BY j JORM MICRbLAB 1 CEDAR RAPIDS DES MOINES I I I' RESOLUTION NO. 82-146 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY83 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK P TO UBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 6th day of July 1982 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby or placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Dickson that the resolution as read be a opte an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of June • 1982 MAYOR ATTEST: CI Y C ERK Received $ Approved By The Legal Department Tlg-7- ­1101Ts MIDRDFILMED By JORM MICRI'SLINB J CEDAR RAPIDS DES MOINES I �I i Lt 1 RESOLUTION NO. 82-147 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY83 LANDFILL EXCAVATION PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 6th day of July , 1982 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on f file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by Dickson that the resolution as read be adopte , an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl X_ Lynch x McDonald x Neuhauser �IS_ Perret Passed and approved this 22nd day of June 1982 . C. MAYOR ATTEST: CITY CLERK Rk,-�eM-r>:1 t A?pmond by 1`Ila 0; '41 kiLli j4ipi;o1 i MCRO RMED BY 1. 'JOFVM MICR46LA13 .7 CEDAR RAPIDS • DES M(':YES I �� RESOLUTION NO. 82-148 Resolution Setting Public Hearing on Disposition of Public Property WHEREAS, the City of Iowa City had vacated certain streets and alleys and conveyed them to Mercy Hospital to enable the hospital to expand its facilities, and WHEREAS, it is in the public interest to resolve any issues with regard to the title of these vacated streets and alleys, and WHEREAS, the City is required to hold a public hearing on the disposi- tion of the City's interest in this vacated portion, if any there be. NOW, TI�R�RE, BE 1T RESOLVED BY THE CITY OF ION41 CITY, IOWA, that a public hearing he held on the proposal to convey the following described Property to Mercy Hospital, Iowa City, Iowa: The East 100 feet of the East-West alley in Block 47, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. The East-Tbst alley from the East right-of-way line Of Van Buren Street to the West right-of-way line of Johnson Street in Block 38, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Van Buren Street from the North right-of-way line of Market Street to the South right-of-way line of Bloomington Street in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Public hearing is hereby set for July 6, 1982, at 7:30 p.m.'in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa. It was moved by Perret and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT x Batter x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perrot Passed and approved this 22nd day of June , 1982. 16Y7 MICROFILMED BY _JORM MICR16lA13 --J LI CEDAR RAPIDS • DES MOINES ' i MOZ MAY—OR ATTEST: CITY CLERIC ROcelvad By Ths Legal Doparlmenl Ii jjc F. I. MICROFIL14ED BY ,,'MICR+L,]AI3 CEDAR RAPIDS •DES MO 'K IbY7 r L recorded and.published, as provided by law, in the Iowa City'Prese-Citizen on the 30th day of Maroh, 1°40. Grover C. Watson, City Clerk ORDINANCE N0. 1627 PROVIDING FOR THE VACATION OF THE ALLEY IN BLOCK THIRTY—EIGHT ORIGINAL TOWN HOF IOWA CITY, IOWA, AND AUTHORIZING, DIRECTING, AND EMPOWERING TE LAYOR AND CITY CLERK TO CONVEY SAID ALLEY AND THE REAL ESTATE CONTAINED THEREIN TO MERCY HOSPITAL, IOWA CITY, IOWA, A CORPORATION WHEREAS, Mercy Hospital, Iowa City, Iowa, a corporation, is the owner of all the lots in Block Thirty—eight, Original Town of Iowa City, Iowa, according to the recorded plat thereof, and has petitioned the City of Iowa City, Iowa, to vacate the alley in said block, and for a deed to said alley and the real estate contained therein; and WHEREAS, The City Council of the City of Iowa City, Iowa, has carefully considered said petition abd has investigated the matters set forth therein, anc has determined that said alley is no longer needed for the convenience of the general publio, and that the matters contained in said petition are true; and rHEREAS, It is the decision of the said City Council that it is for the beet interests of the owners of the lots in said block and of the patients in the Hospital conducted thereon by said Mercy Hospital, Iowa City, Iowa, a cor— poration, and for the best interests of the City of Iowa City, Iowa, that said alley be vacated and deeded to said hospital corporation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOl7A: Section 1. That the alley in Block Thirty—eight, Original Town of Iowa City, Iowa, according to the recorded plat thereof, be and the same is hereby vacated and the City Clerk of this city is hereby authorized and instructed to prepare aryl file for record in the office of the Recorder of Johnson County, Iowa, all necessary papers to show this said vacation. Section 2. That the Mayor and City Clerk are hereby empowered, authorized, and directed to,execute and deliver on the behalf of the City of Iowa City:Iowa a Quit Claim Deed to Mercy Hospital, Iowa City, Iowa , , a corporation, as grantee, conveying the alley in Block Thirty—eight referred to iri Section 1 hereof, and the real estate contained within said alley; provided, however, that said deed shall contain a provision that if said Block Thirty—eight shall ever✓ cease to be used by Mercy Hospital, Iowa City, a corporation, its successors, grantees, or assignees, for hospital purposes, the real estate so conveyed shall revert to and revest in the City of Iowa City, Iowa, and provided further that said deed shall reserve to the City of Iowa City, Iowa, the right to enter upon the real estate so conveyed for the purpose of repairing, replacing, and maintaining all sewers, water mains, and all other public service linee:loeated upon said real estate. Section j. This ordinance shall be id full force and effect immediately upon its passage and publication as by law provided. Introluoed by Ordinance Committee: E.R. Meansek Passed this 26th day of March, 1940 (R.J. Phelps em (Signed) P.F. Willenbrock, Mayor Published Mm 294q� i Attest: Grover C. Watson, City Clerk H.F. Willenbrock, Mayor HICROFILRED BY t JORM MICR46LAB V CEDAR RAPIDS DES I401,JES 1 r CLERK'S CERTIFICATE i I, Glen V. Eckard, City Clerk of Iowa City, Iowa, dohe.eby certify that the above and foregoing Ordinance is true and exact copy of any Ordina[ce!passed and approved by the City Council of Iowa Citv, Iowa, at a regular meeting of iwvember 15th, 1966 and duly published in the Iowa City Press Citizen on the .=.j'+R day of i1W,e., .t/` 1966,: Cit Clerk \l'^ ORDINANCE NO. 2417 1j AN ORDINANCE VACATING VAN BUREN STREET BETWEEN MARKET AND BLOOMINGTON AND PART OF THE ALLEY IN BLOCK 47, O.T., IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 71 SECTION I. That the street and the a lley in Iowa'City, Iowa here inafter 'described by and the -: same is hereby vacated: Van Buren Street from the North line of Market Street to the South line of 4 Bloomington, and the East 100 feet of the'Alley in Block 47, O.T., Iowa City, Iowa. SECTION II. This ordinance shall be in full force and effect when published by law. :e Passed and approved this 15th day of November, 1966. =Q \ It was moved by Burger and seconded by Nesmith that the ordinance as read be adopted,-^ and upon roll call there were: Ayes: Burger, Hickerson, Hubbard, Lind, Nesmith Nays: None Absent: None / �n .1 or ATTEST �- I -' City Clerk CLERK'S CERTIFICATE_i j 1 141CROFILMED BY ,I "JORM MICR6LAB CEDAR RAPIDS • DES MOIaES STATE EAR ASSOCIATIONµ';,• w Form No; 4 nr. '= QUIT CLAIM DECD FOR THE LEGAL EFFECT OF THE U56 OF THIS FORM, C014SULT YOUR LAWYER rxnotit All filen by II 051! pregelit�: That--Th-9—Citypf Io, wa iIowa,—a tluniciya1 Corporation --__—.__—•••--••---••- in Consideration of the sum of ........... - one dollar- and_other valuable cons i leration ._-,_—_� �._.._..— ------ in hand paid do hereby Quit Claim unto —.............._......—.___.._....._..__._.._..._..... all our right, title, interest, estate, claim and demand in the following described reel 'estate sltua In - Johnson _-;.—-—County, Iowa, to -wit: h �I !I Van Buren Street from the North line of Market Street to the South line of Bloom- ington, and the East 100 feet of the alley in Block 47', O.T., Iowa City, Iowa. I lt; !j Each of the undenigned hereby relinquishes all rights of dower, homestead and distributive Lharo in and to L iho above described promises. g ecinowledgmsm hered m ol, shelf be condruaIn the similar or plural numex bar, and as u+cALN Words and phrases heroin, includin•„:i feminine or neuter gender, according to the context Signed this.._.n.71L..day Mayor - Attest:"ty Clerk STATE OF IOWA! 1 rr COUNTY OF On this .._........ D, 19._.e before me, the undersigned. a Notary Public In end lot laid , •;'hr County, in said Slats, penonstlY appeared .f' I SII it m tm orn to be the identical pem� named In and who executed o me �. Ihs fomgo;ng instrument and ,.lodged that they executed • j; she lams es their voluntary act and deed. . iViF Notary Public in and for said Counts � a�r'.k/t•� -. ra 4. curt slaw ivn:. PICROFILMED BY 11. "JORM MICR+LAS CEDAR RAPIDS •DES t401NE5 J I� ;s. 'the letter enter ously. he letter police and Irried leL.r `er 1969 ludget. 'r from id filed. I:aken n so i I ' Iter Park n corms. 141CROFILMED BY JORM MICR#L AB- J _j CEDAR RAPIDS DES 1701DES I ff� L a I r L/ i Planning F Zoning Commission Minutes July 23, 196S Pagc 2 Mr. Don Hoy, speaking for the developers stated that this matter was similar to Mt. Prospect and apparently could not be acted upon since the rezoning had not been completed. They ]lad assumed the area was zoned 111B, but later discovered it was still R1A. Action was delayed until a request for rezoning is received. In a related matter, the Planning f, Zoning Commission requested that the Planning Department look into possible exceptions on lot frontage and width requirements on "cul-de-sacs" Mr. Lund'ocrg stated this would be studied. PRELIMINARY AND FINAL PLAT FOR BEL AIR. FOURTH ADDITION Fred ;Moore stated the preliminary and final plat meet the enginecring.requirements. The land development committee reported they recommended approval. Dir. Shulman moved to recommend approval to the City Council of the pre- liminary and final plats of Bel Air, Fourth Addition. Mr. Madsen seconded the motion. Motion carried. COURT HILL, PART 11A AND PART 13, PRELIMINARY PLAT Mr. Ed Lucas, representing Plum Grove Acres, Inc. stated that they were willing to connect Brookside Drive (as platted in Court Hill, Part 13) but that he thought it would be best to resolve the financing of the creek structure with the City Council. Mr. Shulman stated that if the crossing problem of Brookside Drive could be worked out that he saw no problem in approving these plats. Chairman Mulford then asked if the Commission would recommend approval of both plats (Court Hill Part 11A and Court Hill Part 13), subject to an agreement being needed on the connection of Brookside Drive. Mr. Shulman so moved and Mr. Madsen seconded the motion. Motion carried. ALLEY EASEMENT VACATION FOR ALLEY IN BLOCK 38-1%1ERCY HOSPITAL Mr. Dan Boyle, speaking in behalf of Mercy Hospital stated that in 1940 the city had vacated the alley in the Mercy hospital block but had retained an easement for city utilities. All of these utilities have now been removed. Mr. Fred Moore stated that the Engineering Department saw no reason why this easement was now needed by the city. A motion was made by Mr. Madsen that the Commission recommend to the City Council the removal of the easement as requested. Mr. Vestal seconded the motion. Motioned carried. 1 MCROFILMED BY 1 `JORM MICR(JLAB- CEDAR RAPIDS DES MOVIES i /o 10 IN r ksf G ATTEST:11'' City Cferk It was moved by Lind and seconded by Brandt to set a public hearing on the vacation of a utility easement on the alley Block 38, O.T. for Mercy Hospital on Sept. 3, 1968. Motion carried. It was moved by Brandt and seconded by Connell to set a public hearing on the vacation of a portion of Normandy Drive Parkview Terrace Subd. on Sept. 3, 1968. Motion carried. It was moved by Brandt and seconded by Lind that the rules be suspended and the 1st reading of the Ordinance on Noise be given by title only. Upon roll call Brandt, Connell, Hickerson & Lind voted 'aye'. Butherus, absent. Motion carried. It was moved by Connell and seconded by Brandt that the rules be suspended and the 1st reading of the Ordinance Establishing Human Relations Commission be given by title only. Upon roll call Brandt, Connell, Hickerson & Lind voted 'aye'. Butherus, absent. I -lotion carried. The first reading of the Ordinance Rezoning 'Tract C, Towncrest Addition IV was given. The third reading of the Ordinance Establishing A11ey in Block 4, O.T. was given. It was moved by Brandt and seconded by Lind that the Ordinance be adopted, and upon roll call Brandt, Connell, Nickerson & Lind voted 'aye'. Butherus, absent. Motion carried. ORDINANCE NO. 2489 AN ORDINANCE ESTABLISHING THE ALLEY IN BLOCK 4, ORIGINAL TOWN AND DEDICATING SAID AREA AS A PUBLIC ALLEY AND REPEALING ORDINANCE NO. 2367 AND ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT IIL•'REWITII. BE IT ENACTED BY THE CITY COUNCIL•OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to dedicate the cast 190' of the alley in Block 4, running eat and west between Jefferson Street and Iowa Avenue, Original Town as a public alley and to repent Ordinance No. 2367 which vacated same. SECTION II. DEDICATION. The cast 190' of the allay in Block 4, running east and west betwe,m Jefferson Street and Iowa Avenue, Original Town is hereby dedicated as a public alley. SECTION III. REPEALER. Ordinance No. 2367 and all ordinances and parts of ordinances in conflict with thu provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect i MICROFILMED BY � -"JORM MIC R#LAO � CEDAR RAPIDS DES MOINES 1 r omaended in his u�� ,,,..�_... ..... ....,., _._.. _. , ..., ... .. _.. .. nanimously. of contract for the malting of said improvements, which documents are now th at 4 P.M. on file in the office of the City Clerk, said hearing to be held at the place last above mentioned on the 17th day of September, 1968, at 7:30 urn to the o'clock P.M. CDT, and that the City Clerk give notice of said hearing by publication once in a Local legal newspaper, printed wholly in the English language, at least tan clear days prior to the date fitted therefor. It was moved by Butherus and seconded by Connell that the Resolution L968. as read be adopted and upon roll call there were: ,Ayes: Butherus, Connell & Lind. Nays: None. Absent: Brandt & Hickerson. . session on the Passed and approved this 26th day of August, 1968. !bers of the S/Mayor Pro Tem Robert Lind, Sr. ;enti Brandt & Mayor Pro Tem Lind :herus and ATTEST:�., it pro tem. City Cleric It was moved by Connell and seconded by Butherus to adjourn the meeting. Motion carried unanimously. MINUTES OF A REGULAR MEETING OF SEPTEMBER 3�, 1968. :eceive and action in The City Council of Iowa City, Iowa, met in regular session on the jerside Dr. 3rd day of September, 1968 at 7:30 P.M. in the Council Chambers in the int: Brandt City Hall. Mayor Hickerson presiding. idop he 3ids y-16-68 Members present were: Brandt, Butherus, Connell, Hickerson & Lind. at Repair Absent: None. ted 'aye'. The Mayor announced that this was the time set for public hearing on the vacation of a portion of Normandy Drive. Attorney Dan Boyle appeared representing the owners. The Mayor then declared the hearing closed. NS, The Mayor announced that this was the time set for public hearing on TO the vacation of easements in Alley in Block 38 O.T. Attorney Dan Boyle appeared representing the owners. The Mayor then declared the hearing S closed. It was moved by Brandt and seconded by Lind to reject the one bid received for the 27,500 CVW Truck with dump body and front mounted loader and readvertise in 30 days. Upon roll call Br:ndt, Butherus, Connell, j MICROFILMED BY JORMMICR LAB LCEDAR RAPIDS • DES MOINES 1 J r L Mayor City Clerk It was moved by Brandt and seconded by Lind that the Resolution Conveying Utility Easement to Mercy Hospital for vacated alley Block 38 O.T. be adopted. Upon roll call Brandt, Butherus, Connell, Ilickerson & Lind voted 'aye'. Motion carried. RESOLUTION 1:0, 948 RESOLUTION CONVEYEING UTILITY EASEMENT TO MERCY HOSPITAL - ALLEY IN BLOCK 38 ORIGINAL. TWN, I014A CITY, I014A. WHEREAS, the utility casement, dated March 29, 1940, in the alley at Block 38, O.T., Iowa City, Iowa, on which Mercy Hospital is located, is no longer needed as all existing lines were removed from the nLley and relocated, and, WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest to release the easement to Mercy Hospital, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that: 1) The easement be released by a Quit Claim Deed to Mercy Hospital, the owners of abutting property. 2) The Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized to execute and deliver said quit claim deed. It was moved by Brandt and seconded by Lind that the resolution as read be adopted, and upon roll call there were: Ayes: Brandt, Butherns, Connell, Ilickurson & Lind. ' Passed and approved this 17th day of September, 1968. 1 MICROEIUAED BY JORM MICR6LAB CEDAR RAPIDS • DCS M0171CS 1 r 1 U i xG ec: t lleF L, Z2 a-. Mayor '- ,� L City Clerk CLERK'S CERTIFICATE L, Glen V. Eckard, City Clerk of the City of Iowa City, Iowa, do hereby certify that the foreg Is a true and exact copy of an Ordinance passed and approved by the City Council of Iowa City, regular meeting of December 17, 1968, and fully published in the Iowa City Press Citizen .ik day of Z',�w^_ , 196 _. City Cleric ORDINANCE NO. -2505 All ORDINANCE VACATING EASMENTS ON VACATED ALLEY, BLOCK 38 O.T. ORDAINED BY THE CITY COUNCIL OF I(MA CITY, IMA: { m 1. That the easements on property in Iowa City, Iowa, hereinafter described be and hereby vacated: Easements for utilities Located on the vacated alley in Block 38, Original Town of Iowa City, Johnson County, Iowa. n 2. This Ordinance shall be in full force and effect when published by law. moved by Brandt and seconded by Connell that the Ordinance be adopted, and upon roll were: Ayes: Brandt, Butherus, Connell, Nickerson 6 Lind. Nays: None. and approved this 17th day of December, 1968., / i _ �FR 6,Y L< Mayor I 7— City"ierk CLERK'S CERTIFICATE , Glen V. Eckard, City Clerk of the City of Iowa City, Iowa, do hereby certify that the •dinance is a true and exact copy of an Ordinance passed and approved by the City Council ,, Iowa, at a regular meeting of December 17, 1968, and fully published in the Iowa City n on the t day of d')ac., _Gan , 1965= Cit Clerk ORDINANCE 110. 2506 A14 ORDINANCE ESTABLISIIING VACATED RIDG11400D �0�7 I i , •! MICROFILMED BY JORM MICR46LA13 CEDAR RAPIDS DES MOINES ,` �� MINUTES OF A REGULAR MEETING OF JANUARY 21, 1969. It was moved by Butherus and seconded by Lind.to adopt the Resolution disposing of easements on the vacated alley, Block 38 O.T. Upon roll call Brandt, Butherus, Connell, Hickerson & Lind voted 'aye'. Motion carried. RESOLUTION NO. 1067 RESOLUTION DISPOSING OF EASEMENTS ON VACATED ALLEY. WHEREAS, the City Council, on the 3rd day of September, 1968, held a Public Hearing on the vacation of easements on the alley in Block 38 O.T. Iowa City, Iowa, and, WHEREAS, the City Council duly and legally enacted an ordinance vacating same, and, WHEREAS, the City Council on the 7th day of January, 1969, held a Public Hearing on the disposal of said easements to Mercy Hospital. NOW THEREFORE BE IT RESOLVED UY'THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk be authorized and directed to execute a quit claim deed for the above described property from the City of Iowa City to Mercy Hospital, Iowa City, Iowa. It was moved by Butherus and seconded by Lind that the resolution as read be adopted, and upon roll call there were: Ayes: Brandt, Butherus, Connell, Hickerson & Lind. Passed and approved this 21st day of January, 1969. j S/Loren Hickerson Mayor ATTEST: S/Glen V. Eckard City Cler.k It was moved by Brandt and seconded by Connell to adopt the Resolution on the agreement with Metro Pavers,.. Upon roll call Brandt, Butherus, Connell, Hickerson & Lind. Motion carried. RESOLUTION NOS 1068 RESOLUTION AUTHORIZING AGREEMENT WITII METRO PAVERS, INC. WHEREAS, the City Council of Iowa City, Iowa, pursuant to law, on the 3rd day of December, 1968, enacted Resolution No. 1030, awarding the construction of a certain •paving project to the lowest and best bidder, Metro Pavers, Inc., of Iowa City, Iowa, and WHEREAS, on December 3, 1968, the City of Iowa City, Iowa, entered into a contract for said paving program with the said Metro Pavers, Ina., of Iowa City, Iowa. NOW THEREFORE DE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: That the City of Iowa City, Iowa, hereby agrees to indemnify Metro Pavers, Inc., of Iowa City, Iowa, from any loss sustained by reason of '/ delay in or non-payment for said project occasioned by any fault attributable /dT 7 i MICROFILMED BY 1 --JORM MICR46LA13 LI CEDAR RAPIDS • DES MOIRES �k RE�,EVED !�,'i l 1932 June 16, 1982 427 S. Governor Iowa City, Iowa 522^_C Iowa City Council Civic Center 410 Wachington Street Iowa City, Iowa 52240 Dear Mayor and Council Members; I was disturbed when I read the June 15 Press Citizen concerning the Council proceedings relative to the building moratorium now under consideration. I believe if certain members or member of the Council feel it's appropriate to doubt the integrity of Mr. Furman's construction, or anyother contractor, It seems also appropriate that the necessary actions be instigated immediately to amend the City's present building codes so as to protect the health, safety and welfare of all citizens. You should not tolerate sub—stcrdard construction methods that are now obviously allowed! I agree with Mr. Lynch, Mr. Furman and all other building contractors who are governed by our City's code, deserve a sincere apology. I also believe that all members of the Council should investigate some of the past studies that have been conducted concerning the locations of high density housing and the resultant recommendations. Sincerely, Tim Brandt 427 3. Governor Iowa City, Iowa 52240 cc: Press Citizen MICROFILMED BY i JORM MIC ROLA B- I( CEDAR RAPIDS • DES'MOINES_ /D f N 1 6/14/32 Nary Neuhauser, Mayor City of Iowa City ' Dear I•Irs. Neuhauser, You and the rest of the City Council recently received a letter from Mr. B. H. Borchardt asking that all proceedings of the Planning and Zoning Commission related to the moratorium and re -zoning of certain areas be set aside because of a conflict of interest on my part. I had not planned to comment on this letter, . especially since I was assured by the City Attorney that I was not guilty of any such conflict. However, since talking to Mr. Jansen I have taken the time to get a copy of Mr. Borchardt's letter and read it. I was disappointed to find that he had not only lifted statements of mine out of context but that he had also misquoted me some entirely. Although it is PraUaToynot contextsinywhich ltoglconsideruMr.supply Borchardt's _ more information to supply proper letter. lie attachedtwo letters of mine to his letter. The first was an original draft of a guest editorial submitted to the Press -Citizen. An abridged version of this letter later appeared in the PC, with some of the admittedly inflammatory rhetoric toned down. The original version was circulated to residents of Dodge street to elicit their comments. Nr. Borchardt's response came to me in a letter dated 11/16/81 (copy attached). My letter of 11/17/81 is in response to that letter. I have no apologies for either of my letters, though I am a little embarrassed by the strident tone of the first. I have no second thoughts about the second letter. This purpose of this letter, however, is not self-defense. I would just like to attributed to me are distortions, if not point out that five of the six "quotes" rdt's usual method of quoting me is to take flagrant misrepresentations. Mr. Borcha a phrase or part of a sentence I did write and then combine it with another phrase from another sentence to form a new fragment. itis most disturbing habit, however, 1s taking part of one of my sentences and then adding his own words while enclosing the whole thing in quotes. For example: ". .412 S. Dodge St.,, a house that disappeared overnight was replaced by a new and modern 8 plex. . ." My exact words were: "The house lot twenat 412 South Dodge disappeared overnight, leaving a blank ermit foreant8-uniteapartment The demolition permit was issued November 4,the building P issued November 9•" A ill these, I admitare not libelous. But they are certainly unethical, and I think they area conscous effort on Mr. Borchardt's part to deceive the Council. I apologize for making this letter longer than I had intended. I hope that any further correspondence from Mr. Borchardt will be given the careful scrutiny it deserves. j�'thank you for hearing me out. y !/�(\ Larry Baker 521 South Dodge l0 4q i MICRoE1LlIED BY i JORM MIC R46LAB l LI CEDAR RAPIDS • DES 14DINES it � � r 0 E. H. BORCHARDT 516 So. Clodgo Streot IOWA CIN, IOWA 52240 R PHONE 337.9038 Nov 16 1981 Larry Baker 521 S Dodge St Iowa City, Iowa. Dear Sir: 1 found your mimograph letter in my door this morning. You leave your opinion 1 have mine. and I disagree with you 100'76. In my opinion JameClark is a public benefactor and deserves much none than you hand out for his effort. For your information the house at 412 S Dodge st was beyondd repair for habitation. It had been condemSTor occupancy by the City. Like the old people who enjoyed that house for 65 years it was best relegated to the dump and the new structure that will be built there will be an improvement to the street. You sound to me like you have been out in the sun to Long. Watch it, protect your health, get plenty of sleep, take your vitamins and life might look better to you down the road. Ch E 1 P41CROFILlIED BY 1-JORM -MIC R6CAO- CEDAR RAPIDS DES MOINES 1 I /Of? 70: Honorable hiayor and City Council JUN 61982 Iowa City, Iowa ,lune 15 19ABBIE STQI_FUS CITY CLERK ive, the undersigned, being the owners of twenty percent or More either e of the .ua of the lots included in such proposed change, or ofthose irmediately we��:tye;�H adjacent in the rear thereof extending the depth of one lot or not to exceed two hundred feet therefrom, or of those directly opposite thereto, extending n the depth of one lot or not to exceed ti%u hundred feet from the street frontage f of such opposite lots do hereby protest the rezoning of the following property: t� Presently zoned R3A and described as the College Hill Park Area, We strongly oppose any change in the zoning in this area. Mis petition is signed and acknowledged by each of us with the intention " that such rezoning shall not become effective except by the favorable vote of F. at least three-fourths of all the members of the council in accordance with b414.5 of the Code of Iowa. 1 � ��.+-w h. •.4w+� w.a+wV w.HWyH r�i lil 1 A.ewVirHi:M,JJ •IwlO•r.M �IMaYL,lWIL4b s� '1:,. 11 i , 1 !1 1: � ..� .' . .�.1•.VVM'•4 W:..� .r... ..e...:.uy.._. I..,.. t I.1 IN � II fl' /DS o 1 I4ILROFILMED BY ' JORM MICR</LAB l CEDAR RAPIDS • DES MOMES ' a r i Part 3 Summary of names of property owners who are opposed to the zoning change and moratorium proposed for the College Oill Pnnrk area, 1 Bernard I Collins 315 S Dodge St 2 Victor G Edwards 18 N Lucas 3Barbara Kurdekmeier 904 Iowa 4 Richard M Fox 918 Iowa 5 Richard M Fox 924 Iowa 6Richard M Fox 946 Iowa 7 Duane Lacina 713 Iowa 8 Vicot G Edwards 821 G Jefferson 9 Victor G Edwards 931 E Jefferson 10 Wm Haousel 20 S Lucas 11 Jerry Hilgenberg 1012 Burlington 12 David Hintz 613 L' College 13 lleab Oakes 717 Iowa 14 Dean Oakes 721 Iowa 15 Suzanne Fountain 218 E Lucas 16 Suzanne Fountain 811 E Collgge 17 James a Clark 526 S Johnson 18 Suzanne Fountain 819 E College { Mayor Mary C Neuhauser and Iowa City Council members: These are additional names of property owners who are opposed to any zoning change in tlr- College }till Park area, i I It John MoreLand Jzv 1 JUN 161982 ABBIE STOLFUS • CITY CLERK 1030 MICROFILMED BY -� -"JORAA MICR46LAB ' tI I CEDAR RAPIDS DES MOIYES I r R� EIVED JUN 1982 EBLl: MtiSIC COAII'ANZ M[ISIC - - 1300I�5 TIiLISI�LO:YIt 115 S Linn 11oxmK 2570 IOWA CIT$ IO$YA June 7 1982 Iowa City Courcil Gentlemen and Ladies; i I certainly think that Dubuque Street between Washington and Iowa Avenue should be given the "cadillac" touch. To be sure, it will take more money but even so over a long funds spent will more than pay for the benefits. f time the additional I My business was at 14 South Dubuque Street as well as at 11 South Dubuque Street for over 30 years. In all that time I neer found that Dubuque Street needed to be a major through street. The transformation that occurred with the new pedestrian mall including the closing of two blocks of Dubuque Street and College street and making Washington f Street a one-way street was the greatest improvement in Iowa City in all the years I have been here. It is natural then to bring the street (Dubuque) l between Washington and Iowa Avenue into the entire picture and enhance the whole downtown business area. t i By all means change Dubuque Street there into a one-way street and give it the same treatment as Washington Street, widening the sidewalks t using bricks, beautify with appropriate plantings, and providing a few , two or three, nooks for short tern parking. Most of the businesses on that street don't need adjacent parking. f Do this upgrading right at one time and be proud of the result rather than skip and have something that is only half right. Very truly yours, Charles j 1051 MICROFILMED BY i _J "JORM-MICRdL AB I CEDAR RAPIDS DES MOINES LL 1 r L'I i RE�._IVED JUN q 1982 May 25, 1992 City Council Iowa City Civic Center Iowa City, IA r22/:o Dear Council: I am a long time residet:t of Iowa City and currently a Purdue Un.ivcr•sty student. It has come to my atLcntion that Io.va City is planning to adopt a noise ordinance. This has caused me great concern. I have had experience: :with a recently enacted ordi- nance.in west Lafayette, Indiana. This ordinance, which bears much resemblance to the one Io•r-d City is currently considering, has caused nothing but trouble. It has created a point of conflict between the student population and the townspeople. This has led to unrest and a r,idenirgT gap between the university and the city. Almost uttquestionabl,y, any noise ordinance wi.l'I have its greatest effect on the students, regar•dleo., of its intent. A university town must learn to accept the negative, aspects of a major university along iviti? the pesiti�-C. No one complains about the cultural events that a university brings in, nor the student business. They don't cnrcpl.ain when Iowa wins the game that sends them to the Rosebo•ri (an event that was clearly in offense or the proposed noise ordinance) or the excitment of national wrestling championships and NCAA basketball apearances. These things are only a part of the great excitment and sLrength a university brings to a town, Yet, armed with a noise ordinance, there are those who will instantly come down on the students, the essence of the university, merely for trying to release some of the tremendous pressures of school. This statement may sound harsh, but it has been myrecentexperience that a Cow can overrule the g o in,entions of many. The problem with a noise ordinance is that there is no limit. Is the loudspeaker- at a high school track meet or football game an infringement on a student's right to study? Is rush hour traffic infringing,on a person's enjoyment of a book? If so, then all involved should be cited. I realize that special exemptions can be obtained, but is that fair to everyone? There should be no laws that can be turnod on and off, MICROFILNFO RY 1 I -CORM MICRbLAB ) 1 CEDAR RAPIDS •DES td01AES I i /05C;L 1 Leave the now,�r of determining who is DTSTUPL'IP:G THE PEACE to the police, for their Judgement is an impor Cant nart of their job. Noise ordinances sound good on paper, but are quite a different thing to live with. A concerned citizen, Steven R. Hansen 2026 Ridgeway Dr. Iowa City, IA 52210 t I � i MICROFILMED BY ._CEDAR RAI']OS DES MOINES ..J .i I I JJ r a-, i JUN 18 1982 '10: honorable Mayor and City Council Iowa City, loua ABBIE STOLFUS CITY CLERK We, the undersigned, being the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed two hundred feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred feet from the street frontage of such opposite lots do hereby protest the rezoning of the following property: Presently zoned R3A and described as the College Hill Park Area. We strongly oppose any change in the zoning in this area, i 'Ibis petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by 'the favorable vote of at least three-fourths of all the members of the council in accordance with 9.114.5 of the Code of Iowa. i MICROFILMED BY t JORM MIC REIL AO- CEDAR RAPIDS DES MOINES I 1051 Mi I r z.:a�aP®k • �ti List No 3. Property Owners opposed to zoning change in College Hill Park area. 1. Iola Hicks 1010 Woodlawn 2. Iola Hicks 20 Evans 3. Joseph Zoll 535 S Johnson 4/ Donna Launspach 5 S Lucas 5. Donna Launspach 717 E Washington 6. Donna Launspach 711 E Burlington 7. Grace L Spratt 313-313 S Dodge 8. Lenaor Vidal 142 Iowa 9. Donna Launspach 713 E Burlington 10. Iola Hicks 1011 Woodlawn 141CROFIL14ED BY (1 JORM-MICR#LAB'- CEDAR RAPIDS • DES MOINES F E� JUN 181982 AQSIE STOLFUS CITY CLERK X0,53 V � June 29, 1982 Ms. Martha Lubaroff, President Board of Directors, Iowa City Hospice 117 Glenn Drive Iowa City, Iowa 52240 Dear Ms. Lubaroff: Thank you for your letter and information regarding the Iowa City Hospice. The letter was received and placed on file at the City Council meeting of June 22, 1982. In addition, I have given a copy of the materials to the City's Human Service Coordinator, Pam Ramser, so that she can be in contact with you regarding consideration of funding support for the Hospice Program. We are currently in the process of redesigning forms and procedures for funding consideration for your next budget year, which begins July 1, 1983. This is the earliest time that City funding would be available to your organization. I have asked Pam to contact you this fall with the necessary information so that you can complete the funding application process. If you have questions regarding application for funding support in i the meantime, you may call Pam Ramser at 356-5242. We would be glad to receive any additional information on your organization's activities which you would wish to send. Sincerely yours, I Neal G. Berlin City Manager tp3/4 cc: Pam Ramser City Clerk Pe I I r ) 4 > i I MICRorILMED BY L JORM-MICR6LABj II CEDAR RAPIDS • DES MO MESS Ii LL RECE .:D Jui\ 1 4 198 June 11, 1982 Dear Friends: We, involved with the Iowa City Hospice are anxious to begin acquainting our friends in the Iowa City Community with Hospice; who we are, our philosophy, what our purpose is and our hopes for the future: The Hospice philosophy affirms life and recognizes dying as a normal process. Hospice exists to provide support and care for persons in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice neither hastens nor postpones death. Hospice exists in the hope and belief that, through appropriate care and the promotion of a caring community sensitive to their needs, patients and families will be helped to prepare for death. The purpose of a hospice program of care is to optimize the quality of a dying person and his or her family's life. Hospice offers an environment and opportunity for the family members to be involved in the process of a loved one's dying. This approach to care permits patients and family to confront death, and not avoid it. The Iowa City Hospice, Inc. is a private non-profit program which coordinates home care for terminally ill patients and their families. We have been working very hard since January of 1980 to see our dream of a Hospice for the community come to fruition. During the last two years, we have become incorporated as a non-profit organization and have received our tax exempt status. We have a Board of Directors consisting of 12 members of the community. Our Board comprises nurses, a physician, clergy, social workers, a banker and dedicated community members. During our long months of preparation, we have established a speakers bureau which has been quite active. We have raised some money with community donations and one fundraiser and have been awarded a grant from the Gannett Corporation. Mercy Hospital has been kind enough to donate a free office to us, along with telephone coverage and the use of some facilities such as xerox. We have spent time exploring a relationship with University Hospital as well and they are anxious to provide human and educational sources for us such as grant writers, graduate students in particular areas, expertise in our training programs, etc. Our Hospice Physician, Dr. Charles Driscoll, an assistant Professor at the University, came to us with an offer of help and we have recently sent him to a 2 day individually designed training workshop at the Marin Hospice in Marin County in California. We are presently working on some sort of arrangement with /0Jf, MICROFILMED DY "DORM MICRE/LAB� F.~ I CEDAR RAPIDS • DES MOINES � ,_..VA_ CAHHSA, formerly known as Visiting Nurses Association and they have been equally supportive of our Hospice from the beginning. At the present time, we are getting more anxious to become operational. Calls come in every day from families in need and we want to be able to serve them as quickly as possible. To accomplish that goal, we have broken into several committees working on finances, executive responsibilities such as finding a Care Coordinator, working out relationships with existing organizations so as not to duplicate services, etc.; a committee designing a volunteer training program and a group working on a brochure, speakers bureau, etc. We hope to raise enough money over the next several months to enable us to hire a Patient Care Coordinator who will work closely with the patient/family and our Hospice Physician. This person is the key person in our team. We also will be training a group of volunteers by mid -fall. This group will also be a major component in our providing good hospice care for families. We will be planning a community fundraiser/get acquainted weekened this fall as well. We would welcome the opportunity to meet with members of your Board and answer any questions that haven t been addressed specifically in this brief letter. It is merely my intention to let you know who we are and what we are hoping to accomplish in Iowa City. We certainly hope that we'll have your support in the future. We would also like the opportunity to seek funding or some other kind of support from you. I am enclosing some information that will help further describe Hospice and its goals. Please contact me if you have any questions. Sincerely, t Martha Lubaroff, President Board of Directors, I.C. Hospice j. 117 Glenn Drive I.C. 338-2506/ 356-2633 11)6 -fl Jr MICROFILMED BY �. �.. �. --DORM MICR ':I B CEDAR RAPIDS • DES MOIRES j Iowa City Hospice Inc. Purpose The purpose of a hospice program of care is to optimize the quality of a dying person and his or her family's life. Hospice offers an environment and opportunity for the family members to be involved in the process of a loved one's dying. This appraoch to care permits patients and family to confront death, and not avoid it. The Iowa City Hospice Inc. is a private non-profit program which coordinates home care for terminally ill patients and their families. Goals of Hospices Care 1. To facilitate the patient to live until death. 2. To facilitate the family members to live with the patient. 3. To facilitate the family to live after the patient dies. The program of care is palative with symptom control being the key to achieving these goals. The care givers actions are guided by the desire to keep the patient 'pain-free, comfortable and mentally alert until death occurs. Providers of Hospice Care The providers of hospice are care health professionals, family members, and volunteers. Care is coordinated through an interdisciplinary team with the patient and family in control of decision making regarding their situation. Recipients of care i The terminally ill patient and his or her family who reside in Johnson County are potential users of this service. Admission criteria are: - The family unit must need and desire the type of palliative care. - The patients' life expectancy is 6 months to 1 year. - An available family member who will be the primary care giver. - The cooperation of the family physician. - Recipients are accepted on the basis of need without regard to age, race, color, religious affiliation, or financial ability. 16!T11, 41CROEILIAED B1 JORM MICR46 LAB CEDAR RAPIDS DES MOINES � J I � I I � I r IOWA CITY HOSPICE (Proposal) DEFINITION: The Iowa City Hospice is a private non-profit program coordinating home care for the terminally ill patient and the patient's family. It provides symptom contol and supportive care to meet the special needs arising out of the physical, psy- chological, spiritual, social and economic stresses experienced during the final stages of illness and during dying and bereavement. The primary goal is an alert pain-free existance for the patient. SERVICES AVAILABLE: - 24 hours a day, 7 days a week. - Operates on a home basis initially, but coordinated with inpatient needs. - Pain free symptom control and supportative care. - The Hospice team will help the family or support system provide care. Bereavement counseling will be available. j - Hospice physician available for consultation or service to patients. PROPOSED TO SERVE: - Individuals with -terminal illness ADMISSION CRITERIA: - The patient and family must need and desire hospice services. The patient must have a short prognosis (1 month - 1 year). There must be a person in the home capable of giving primary care. - The consent and cooperation of the family physician is required. - A Hospice Physician will be available for consultation or services to patients. - The patient should live in the Johnson County area. - Only palliative (symptom control) and supportative care will be given. - Patients are accepted on the basis of health needs without regard to age, race, color or religious affiliation, or financial ability. ORGANIZATION CHART: BOARD OF DIRECTORS COORDINATOR IPHYSICIANS I FUNDING: - Grants - Donations - Fund drives RN's I CLERGY I SOCIAL I VOLUNTEERS 14ORKER 1 1,1ICROEILMED BY i _-CORM MIC R4/LAB I � CEDAR RAPIDS DES g01YE5 I i Ii /0541 1 r BASIL CHARACTERISTICS OF A HOSPICE Ph,uRAM 1 •I A. THE HOSPICE PROGRAM: 1) Autonomus 2) Centrally administered 3) A program of coordinated out and inpatient services, primarily concerned with home care with back-up inpatient services when home care is not feasible. B. PRIMARY UNIT OF CARE - Patient and Family: Total patient care includes dealing with family and other significant patient relationships. C. SYMPTOM CONTROL Physical - pain nausea, vomiting and other symptoms are controlled as effectively as medically possible. Emotional - behavioral sciences are important in helping patient and family cope with emotional distress accompanying impending death. Spiritual - Attention to human spiritual concerns is equally as important as pain care and is integral to.the hospice program. D. PHYSICIAN -DIRECTED INTERDISCIPLINARY CARE All health care is provided under the direction of a qualified physician. The interdiciplinary areas included: Nurses, Clergy, social workers and volunteers and/or others (i.g., Physician therapy, etc.) E. TRAINED VOLUNTEERS Volunteers are specially selected and extensively trained; they augment staff services and are not engaged in lieu of the staff. Volunteers provide vital services other than clinical (i.g., transporta- tion, companionship, recreational and other services.) F. SERVICES AVAILABLE ON CALL Hospice services are available on a seven-day week, 24 hours basis. Hospice nursing staff bear primary responsibility and call on other pro- gram resources as necessary. G. STAFF SUPPORT AND COMMUNICATION Opportunities for staff to discuss their concerns - either one-to-one, or in a group, on a structured or unstructured basis - are imperative. Channels for staff discussion, support and mutual evaluation are established. H. BEREAVEMENT FOLLOW-UP Hospice services are extended to the family during the period of bereavement. Extent and length of bereavement care is based on factors prior to and follow- ing death of patient. 1. HOSPICE SERVICES BASED ON NEED Hospice services are based on need rather than ability to pay. lo5y MICROFILMED BY CORM MIC R46LIN I CEDAR RAPIDS DES MOINES I i ' I NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 1.47 ACRES TO RIB LOCATED WEST OF SCOTT BOULEVARD BETWEEN MUSCATINE AVENUE AND COURT STREET Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM, on the 22nd day of June, 1982, in the Council Chambers in the Civic Center, Iowa City, Iowa, at which hearing the Council will consider the rezoning of approximately 1.47 acres of land located west of Scott Boulevard between Muscatine Avenue and Court Street to RIB. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Section 380 of the Code of Iowa, 1982. 1 Dated at Iowa City this lst day of June, 1982. ABBIE STOLFUS, C1TY C ERK 1640 ✓ i MICROFILMED BY j I. -JORM MICRE/LAB F CEDAR RAPIDS DES M0I4E5 I a J� r NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER REZONING AN AREA KNOWN AS THE SOUTH BRANCH STOR14WATER DETENTION FACILITY TO R1A Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 PM, on the 22nd day of June, 1982, in the Council Chambers in the Civic Center, Iowa City, Iowa, at which hearing the Council will consider the annexation and rezoning of an area known as the Ralston Creek South Branch Stormwater Detention Facility to R1B. Copies of the proposed ordinance and location map are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Section 380 of the Code of Iowa, 1982. Dated at Iowa City —this 1st day of June, 1982. ABBIE STOLFUS, CITY i ERK 1 MICROFILMED BY t JORM MICRbLAB - ) 1 CEDAR RAPIDS • DES MOINES /O6/ RESOLUTION NO. 82-149 RESOLUTION APPROVING VOLUNTARY ANNEXATION OF APPROXIMATELY 46.85 ACRES EAST OF THE CURRENT CORPORATE LIMITS OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, BETWEEN COURT STREET AND HIGHWAY 6. WHEREAS, the City of Iowa City has constructed Scott Boulevard along the eastern corporate boundary of the City and owns the right-of-way thereof, and WHEREAS, a portion of that right-of-way is outside of the City's corporate boundary, and, WHEREAS, the City of Iowa City has also constructed and owns the Ralston Creek Stormwater Detention Basin which is also outside the current corporate limits, and WHEREAS, a parcel of land owned by Wilfreda and Albert Hieronymus, consisting of 1.42 acres, lies between the current corporate boundaries of Iowa City and the Scott Boulevard right-of-way, and the owners have requested the voluntary annexation of said property as provided by law, and WHEREAS, all of these lands are contiguous to the corporate boundaries of the City of Iowa City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the aforementioned lands, as legally described on plot plans (Exhibits A -J) attached hereto, be voluntarily annexed to the City of Iowa City, Johnson County, Iowa and the City Clerk be authorized to certify and send the necessary documents to the appropriate agencies as provided in Chapter 368 of the Code of the State of Iowa. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I x Balmer x Dickson x Erdahl x Lynch x McDonald x 1_ Neuhauser x Perret Passed and approved this 22nd dray^ Iof Jun1e' 1982. MAYOR {tecelved & APPloved ATTEST: "�' By Tha legal Depadj=ni CITY CLERK ♦w.j � J /06a MICROFILMED BY -JORM MICR6LAB- -" 1 1 � CEDAR RAPIDS DES 110IYES i � I i r PY14TRTT A SCALE I"= 100 FOUND PIN „ SET 5 X30 0 IRON PIN ERROR OF CLOSURE 1/10,000 DESCRIPTION OF ENTIRE TRACT NW COR. SEC, 779NI RSW S00018 5fj��E 2648.35 - S 00003'29"E / /" W 1/4 COR. SEC. 19 1323.86' Owner: Webster B. Gelman H. Clark Houghton, William V. Phelan, William M. Tucker and L.S. Trust, Iowa State Bank and Trust Company. The South fractional Iz of the Southwest fractional is of Section 19, T79N, R514 of the 5th P.M. except the following described tract: The South 813'feet (except that.portion.thereof lying South of the North right-of-way line of the County Road) of, -the East 670 feet of the Southwest 4 of Section'19, T79N; R511. DESCRIPTION OF ACQUIREb RIGHT-OF-WAY Commencing at the Northwest corner Section 19, T79N, R514 of the '5th P X ; thence S000 18' 56" E 2648.35 feet along the I•lest line of said Section 19 and the ceSter line of Scott Blvd. to the (lest < corner of said Section 19; thence SOO 03' 29" E (This is an assumed bearing) 1323.86 feet along the (Jest line of said Section 19 al the center line of Scott Blvd. to the point of beginning; thence S 89 31' 57" E 50.00 feet; thence S 00° 03' 29" E 282.25 feet; thence southerly 386.00 feet along a 1,481.54 fogf.radius curve concave westerly and whose 384.91 foot chord bears S 07 24' 21" 11; thence N 00 03' 29" 1I 664.36 feet to the point of beginning. Said Tract "contains 26,888 square feet more or l'bss. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of theS tateof Iowa. SIGNED: (�z�� DATE: D. Mickel on', L-.5. '#7036 Subscribed and sworn before me this 2`6 day of _ 4PR1L 1980. 1'4 JENNIF ER REB EL 4 L'1 fJA!MISSI01, LaRIRESQji No y Public, Johnson County, Iowa 141CROF11.14E0 BY -JORM MICR6LAB' CEDAR RAPIDS • DCS MOINES 1o6A 1 J Exhibit B //` I I SCALE 1"c 100 FOUND PIN • E V4 COR. SEC. SET Sx0 / IRON PIN ERRORR OFF CLOSURE 1/10,000 Ooa rr' DESCRIPTION OF ENTIRE TRACT F+W CORNER SEC. 19, FL>N,"Z• e66 _S POINT OF - BEGINNING boy 6 E SO�ah9 Owner: Carroll & Lilah Sass The North fractional '-; of the Southwest 14- of Sec. 19, T79N, R51.1 -"--"'- of the 5th P.M., lying South of the C.R.I. & PAR., and all that portion of the Northwest < of said Sec. 19 lying South of the C.R.I. & PAR.. DESCRIPTION OF ACQUIRED RIGHT -OF -HAY Commencing at the Northwest cor. Sec. 19, T79N, R514 of the 5th P.H.; : thence SOOo18'56"E 2043.11 feet along the West line of said Sec. 19 and the center line of Scott Blvd. to the southerly ROW line of the CRI&P R.R. and the point of beginning; thence S62009'30"E 56.71 feet on said southerly ROW'line; thence S00018'56"E '578.59 feet; thence S00903'29"E 1324.43 feet; thence N89031'57"W 50.00 feet; thence N00003'29"W (this is an assumed bearing) 1323.86 feet along the West line of said Sec. 19 and the q of Scott Boulevard to the East ;'cor. of said Sec. 19; thence N00018'56"W 605.24 feet along the West line of said Sec. 19 and the(L of Scott Boulevard to the point of.beginning. Said tract contains 95,798 square feet more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of the State of Iowa. SIGNED: rim-- Date yz-qjj �ObertO. ickel on, L.S. #/036 Subscribed and sworn before me this eA14 day of APR/G 1980, emu[nb.. a cQ � ("awl -"�_ 7036 z Nota Public, olnson County, Iowa '•?59 �D'10"- ... 1 MICROFILMED BY I. JORM-MICROLA13 L1 CEDAR RAPIDS • DES MOINES i txn1D11; L -� SCALE 1"; 40' ERROR OF CLOSURE FOUND PIN • 1/10,000 SET 5/8'X30' NW COR. SEC. 19, ° IRON PIN 1 R5W ' I SO, NOO°1856"W S00°IB Sfi'E 1 975.00 954.69 u Qom/ 2 PAINT OF BEGINNING v O uB p V `� O a_. O a M' S000I8'5fi'E f, 1001.76 Owner: Troy & Norma Hames DESCRIPTION OF ENTIRE TRACT Commencing as a point of reference at the NW corner of Sec. 19, T79N, R51.1 of the 5th P.M.; thence S 955.90 feet along the IJ line of the NWI. of said Sec. 19 to the point of beginning (this is an assumed bearing for purposes of this description only); thence E 907.73 feet; thence S 1,400.70 feet to a point 60 feet N of the NE ROW line of the CRI&P R.R.; thence N61051 '00"l-) 1,029.50 feet; thence N 915.0 feet to the point of beginning. Also the following described tract: Commencing as a point of reference at the NI -1 corner of Sec. 19, T79N, R511; thence S 1,870.90 feet along the I.1 line of the NW!a of said Sec. 19 to the point of beginning Ithis is an assumed bearing for purposes of this description only); thence S61 51'00"E 1,029.50 feet; thence S 60 feet; thence N61051'00"W 1,029.50 feet; thence N 60 feet to the point of beginning. DESCRIPTION OF ACQUIRED RIGHT-OF-WAY Commencing at the N14 corner of Sec. 19, T79N, R5W of the 5th P.M.; thence SOOo18'56"E 954.69 feet along the 1•1 line of Sec. 19 and the f of Scott Blvd. to the point of beginning (the 41 line of the SW!s of Sec. 19 is assumed to bear S00003'29"E); thence N89041 '04"E 50.00 feet; thence S00018'56"E 1001.76 feet .to the N ROW line of the CRI&P R.R.; thence N62o09'30"I.1 56.71 feet along said N ROW; thence N00018'56"I-I 975.00 feet along the 14 line of Sec. 19 and the € of Scott Blvd. to the point of beginning. Said tract contains 49,419 sq. ft. more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of the State of Iowa. SIGNED: DATE: Robert D. Mickelson .S. #7036 Subscribed and sworn before me this 2 un day of APRIL 1980. 3D9'ulu Notary -'Public,' Johnson County, Iowa la])-W,3VOIISS181�,ek�DOES nt�O MICROFILMED BY ! --DORM MIC RfSI_A B 1 j CEDAR RAPIDS • DES 140INE5 I 1 r M., txn1 Dit u LNRUR OF CLOSURE 1/10,000 f/POINT OF BEGINNING S0001856"E ! S0002: NW COR. SEC. 19, T 79N, R5W 72 Owner: Robert H. Wolf and Erma J. Wolf DESCRIPTION OF ENTIRE TRACT SCALE 1":40 FOUND „PIN„ SEI 5/B X30 a IRON PIN Beginning at the NI.1 corner of Sec. 19, T79N, R51.1 of the 5th P.M.; thence S along the W line of said Sec. 19, 955.00 feet; thence E 907.73 feet; thence N 1918.77 feet; thence !d 909.31 feet; thence S00005'00"E to the point of beginning; being a tract in Sections 18 and 19, T79N, R51-1 of the 5th P.H. DESCRIPTION OF ACQUIRED RIGHT-OF-I4AY Beginning at the NW corner of Sec. 19, T79N, R51.1 of the 5th P.M.;. thence S00018'56"E 954.69 feet along the W line of Sec. 19 and the f of Scott Blvd. (the W line of the S!1; of Seca 19 is assumed to bear S00003'29"E); thence 1189041'04"E 50.00 feet; thence- NOOO _ 18'56"11 954.72 feet;"thence 1`100023'26"l1 962.84 feet, thence S890 - 41'34"1.1 50.00 feet; thence S00023'26"E 962.87 feet along the W line of Sec. 18, T7911, R5W and the f of Scott Blvd. to -the poi.nt of beginning. Said tract contains 95,877 sq. ft. more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land,surveyor under the laws of the State of Iowa. SIGNEDt .. ��L DATE: �y -Sa Robert D. Mickelson L.S. #7036 Subscribed and sworn before me this 2 No day of APP/L 1980. Nota Public, Johnson County, Iowa ` JENNIFER BE' •� X:l'CON,MISSIDI: EXPIRES X30.82 M1111 MICROFILMED BY I, CORM MICRbLAB CEDAR RAPIDS •DES Id01NES 1 Exhibit E SW COR. SEC. 18, T79N,R5W N0002326"W G v— Owner: Leslie G. and Ethel Pi. Cole DESCRIPTION OF ENTIRE TRACT e N 00023'26"W 598.92 500023 26 "E SCALE C-40' FOUND PIN SET 5/6x30" o IRON PIN ER1pO, O00 F CLOSURE Commencing as a point of reference at the SIJ cor. of Sec. 1B, T79N, R5N of the 5th P.M.; thence N00005'00"N, 962.87 feet along the IJ line of the SN; of said Sec. 18 to the point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence continuing N00005'00"W, 598.92 feet along said IJ line of the SIJ', to a point; thence E 910.00 feet to a point; thence S 598.92 feet to a point of inter- section with the N line of a parcel described in Johnson County Recorder's Office Book 482, Page 443 said point being the NE cor. of the parcel described in Book 482, Page 443; thence IJ, 909.13 feet along said N line of said parcel described in Book 482, Page 443 to the point of beginning; subject to easements and restrictions of record; and containing 12.5 acres more or less. DESCRIPTION OF ACQUIRED RIGHT -Or -WAY Commencing at the SN cor. of Sec. 18, T79N, R541 of the 5th P.M.; thence N00023'26"I-I 962.87 feet along the IJ line of said Sec. 18 and the C of Scott Blvd. to the point of be inning (the IJ line of the 5191; of Sec. 19 Js assumed to bear SOOo03'29"E�; thence N00023'261,1 598.92 feet along said 19 line of Sec. 18 and the C of Scott Blvd.; thence N89041 '34"E 50.00 feet; thence S00023'26"E 598.92 feet; thence S89041 '341-1 50.00 feet to the point of beginning. Said tract contains 29,945 sq. ft. more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of the State of Iowa. SIGNED: DATE: & p Ro ert D.. Mickelson L.S. :7036 Subscribed and sworn•before me this 2No day of AP 2/L 1980. 339'010 W Notary PLUic, Jolnson County, Iowa '•'4 JENNIfER rEB EI 1611G]N,NISSION E%NRES n-30.82 1 I-IICROFIL14FD RY f1 JORM MICR6LAB _1 { J J CEDAR RAPIDS • DES 1401NES I i I r F0191 M COR. SEC. 19 r79N, R5W N0002326'W u Owner: Sunrises Enterprises, Inc. DESCRIPTION OF ACQUIRED RIGHT-OF-WAY )0°23'2fi'W — y 1062.80' 10023'26"E 1062.59 SCALE 1"=40 FOUND PIN SET 5/8 X30" IRON PIN ° ERROR OF CLOSURE 1/10,000 Commencing at the SW cor. of Sec. 18, T79N, R5W of the 5th P.M.; thence N00023'26"W 1561.79 feet along the 1•1 line of said Sec. 18 to the point of beginning (the E line of the SWI, of Sec. 19 is assumed to bear S00003'29"E); thence N00023'26"W 1062.80 feet along the i line of said Sec. 18 and the E of Scott Blvd. to the southerly right of way line of Muscatine Avenue; thence easterly 50 feet along a 22,887.00 foot radius curve concave southerly and whose 50 foot chord bears N89156'06"E; thence S00023'26"E 1062.59 feet; thence S89041'34"W 50.00 feet to the point of beginning. Said tract contains 53,135 sq. ft. more or less. I hereby certify that this survey was made under my direct personal supervision and that I am a duly registered land surveyor under the laws of the State of Ioowwa. SIGNED: <�dV/%i%� DATE: !j/-Z-Bd Robert D. micke150 , L.S. #7036 Subscribed and sworn before me this 2N4 day of PPRI(- . 1980. `�O Notary PVblic, Johnson County, Iowa 1 MICROFILMED RY - JORM MICR46LAB CEDAR RAPIDS - DES MDINES I JENNIFER REBEL MY COMM,ISSIDN EXPIRES M 1 J LF ,. 1 / Exhibit G �" ✓': r+ � , o� DESCRIPTION OF PROPERTY TO BE ANNEXED N Scale / =20D' Commencing as a point of reference at the West N'//4 Corner Set. /8-79-5 quarter corner of Section.18, Township 79 N, Range Point of Reference 5 West of the Fifth Principab Meridian, Johnson County, Iowa; thence North 0 43' 39" West 1052.00 feet along the Westerly line of the Northwest frac - 0 one quarter of said Section 18 to a point; thence North 44°08'19" East 425.17 feet to a point, laid point being the point of beginning of the tract herein described; thence N 44 08'19" E 138.40 feet to a point; thence Northeasterly 139.52 feet along a 1095.92 foot radius curve concave North- westgrly to a point, said arc being subtended by a 139.82 foot chord bearing N 13 24'47" E; thence N 2°51'10" E 992.27'; thence S 89 28'11" E, 1025.53'; thence S 51°13'26" W, 690.751; thence S 21 01'49" W, 209.73'; thence S 0°43'39" E, 756.03'; thence N 88°39'59" W 553.90'; thence N 0 43'39" W 854.15' to the point of beginning and containing 19.89 acres more or less. CITY OF IOWA CITY Clrr PROPERTY ACOUIRED IN CONNECTION WITH SOUTH DEPARTMENT OF PUBLIC WORKS BRANCH Drr£N7'ION STRUCTURE TO BE ANNEXED ENGINCFRING DIVISION MICROULMED BY J017M MIC R46LA6 - ( CEDAR RAPIDS •DES I40I4E5 I L. _ I I 1 O N R /095.92 L /3952• r 69. 65- 4j CH /39 42r OV �° r -IC N /3°24 47 E 56 �" ✓': r+ � , o� DESCRIPTION OF PROPERTY TO BE ANNEXED N Scale / =20D' Commencing as a point of reference at the West N'//4 Corner Set. /8-79-5 quarter corner of Section.18, Township 79 N, Range Point of Reference 5 West of the Fifth Principab Meridian, Johnson County, Iowa; thence North 0 43' 39" West 1052.00 feet along the Westerly line of the Northwest frac - 0 one quarter of said Section 18 to a point; thence North 44°08'19" East 425.17 feet to a point, laid point being the point of beginning of the tract herein described; thence N 44 08'19" E 138.40 feet to a point; thence Northeasterly 139.52 feet along a 1095.92 foot radius curve concave North- westgrly to a point, said arc being subtended by a 139.82 foot chord bearing N 13 24'47" E; thence N 2°51'10" E 992.27'; thence S 89 28'11" E, 1025.53'; thence S 51°13'26" W, 690.751; thence S 21 01'49" W, 209.73'; thence S 0°43'39" E, 756.03'; thence N 88°39'59" W 553.90'; thence N 0 43'39" W 854.15' to the point of beginning and containing 19.89 acres more or less. CITY OF IOWA CITY Clrr PROPERTY ACOUIRED IN CONNECTION WITH SOUTH DEPARTMENT OF PUBLIC WORKS BRANCH Drr£N7'ION STRUCTURE TO BE ANNEXED ENGINCFRING DIVISION MICROULMED BY J017M MIC R46LA6 - ( CEDAR RAPIDS •DES I40I4E5 I L. _ I I 1 r -� " Exhibit H M;k IV04. 0 n c m o v 2 b T n 0 0 2 � 7 A O O • ^I yam W 2 b o ,- N 0 >; VO DESCRIPTION OF PROPERTY TO BE ANNEXED Beginning at the North quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meeridian, Johnson County, Iowa; thence S 0 02'42" E 337.00' along the Easterly line of the Northwest v quarter of said Section 18 (this is an ro m N assumed bearing for purposes of this v description only); thence S 8107'27" W o N a 254.40' to a point; thence S 78 49'21" W u w 326.95' to a point; thence S 85044'22" 1.1 297.52' to a point; thence S 56021'31" W f 400.32' to a point; thence S 3018'05" W 12.86' to a point; thence N 89 88'11" 1.1 666.70' to a point; Shence N 40 56'07" E 7.57' to a point; thgnce 11 46 23'48" E 386.34' to a point; thence N 50 10'15" E 323.76 feet to a point;hence 11 53 34'25" E 309.07' to a point; thence N 14 3B' 50" 2.38 feet to a pointof intersection with thS Northerly line of said Northwest quarter; thence S IIB 43'59" E 1036.33' along said Northerly line to the point of beginning and containing 17.47 acres more or less. CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CORPORATE LIMITS 1 y2 tn� 3 L em 557.00' S 0002'12"E CITY PROPERTY ACQUIRED IN CONNECTION WITH SOUTH BRANCH DETENTION STRUCTURE TO BE ANNEXED __ . I _._.._. :... __• _ ' III � l D MICROFILMED By �•.,..1 i 1'L JORM MICR46LAB - 1 CEDAR RAPIDS • DES MOINES .• I Exhibit I POINT OF REFERENCE SCALE 1=200 PROPERTY DESCRIPTION TO BE ANNEXED Commencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, thence North 0043'39" West 1888.22 feet along the Westerly one quarter of said Section 18 of thetractline of the Northwest fractional thence South 89°28'11" East 300 feet to the point of beginning herein described, thence South 89028'11" East 150 feet along said Southerly line; thence South 2051'10" West 292.27 feet; thence Southwesterly 139.52 feet along a 1095.92 foot radius curve concave Northwesterly to a point, said arc being subtended by a 139.42 foot chord bearing South 13024147" West; 0 feet; thence North 0°43'39" West 528.26 thence South 44008'19" West 138.4 feet to the point of beginning, and containing 1.42 acres more or less. CITY OF IOWA CITY, IOWA WILFREDA HIERONYMUS PROPERTY TO BE ANNEXED BY THE CITY OF IOWA CITY, IOWA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION I DRAWN BY, S.M. DATEt2.24.82 1 Jr MICROFILMED BY I I JORM MICR+LAB ! -] CEDAR RAPIDS • DES MOINES I :� l MICADFILMED RY ' � "JORM MIC RbLAB J CEDAR RAPIDS DES MOVIES I J N '6 y 1 L--1 IL RECEIVED JUL 11982 TATE OF IOWA THOMAS POGUE. Chotp 01:PAUL DERGM Mw" CITY DEVELOPMENT BOARD SFARO' �L^'� Q Office for Planning and Programming 523 East Twelfth Street ■ Des Moines, Iowa 50319 ■ 515/281-3711 July 6, 1982 The Honorable Mayor and City Council City of Iowa City City Hall Iowa City, IA 52240 Dear Mayor. Neuhauser and Council Members: This letter is to acknowledge receipt of documents pertaining to the voluntary annexation of territory to the City of Iowa City as per City Council Resolution #82-149. The City Development Board has reviewed the annexation and finds it to be in conformance with Section 368 7l uti Code of Iowa. The certification states that copies of the map and reso on have been properly filed, thus the annexation is hereby deemed final. If further clarification is needed, please contact the Board at (515) 281-3704. Sincerely, /Michael Miller City Development Board Administrator MM/dj I :.i F I L E D JUL 14 1982 ABBIE STOLFUS. CITY CLERK /06 Z MlcaoruiiED By "-JOR M- MIC RbLAB - CEDAR RAPIDS DES MOINES I ! CITY OF IOWti CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 July 15, 1982 Mr. Lee C. Benfield District Transportation Planner for Iowa Dept. of Transportation 430 16th Ave. S. IJ. Cedar Rapids, IA 52400 Dear Mr. Benfield: CITY (319) 356-5000 In conformance with Chapter 368 of the Code of Iowa, I am filing the following materials in reference to a voluntary annexation of 46.85 acres of land at the east City limits of Iowa City, (Hieronymus/City): map of location, certified Council Resolution to annex, legal description of the properties, and letter of acceptance by the City Development Board. If you have any questions, please feel free to contact our office or that of Planner Karen Franklin. Sincerely, _o ��, Abbie Stolfus, C City Clerk of Iowa City, Iowa 141CROrILMED BY -�c•,+l ' I" -JORM MICR+LAB -j ii CEDAR RAPIDS • DES MOIRES r M;♦ CITY OF CIVIC CENTER 410 E. WASHINGTON ST. July 15, 1982 OWA IOWA CITY, IOWA 52240 CITY (319) 356-5a)D Johnson County Auditor Attn: Dave Elias Johnson County Courthouse Iowa City, Iowa 52240 Dear Dave: I am filing the following materials in reference to the voluntary annexation of 46.85 acres of land at the east City limits of Iowa City, (Hieronymus/City); map of location, certified Council Resolution to annex, legal description of the properties, and letter of acceptance by the City Development Board. If you have any questions, please feel free to contact our office j` or that of Planner Karen Franklin. Sincerely, Abbie StoMC City Clerk of Iowa City, Ia. MICROFILMED BY I ,-"JORM- MIC REIL AB- - CEDAR RAPIDS DES MOINES /0102 1 J r i •. CITY OF IOWA CMC CENTER 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 July 15, 1982 Attn: Dr. Cronin Iowa City Community Schoolboard 1040 William St. Iowa City, Iowa Dear Dr. Cronin: CITY (319) 356-5000 As the City has previously agreed to inform you of any annexation of property to the City, I am filing the following material in reference to the voluntary annexation of 46.85 acres of land at the east City limits of Iowa City, (Hieronymus/City); a map show- ing the location, the Council Resolution to annex and the letter of acceptance by the City Development Board. If you have any questions, please feel free to contact our office or that of Planner Karen Franklin. Sincerely, A Abbie Stolfus, ✓✓✓ CMC, City Clerk Iowa City, Iowa 141CROFIL14ED BY ' "'JORM MIC REAL AB -- ] CEDAR RAPIDS DES MOINES ' t � I 1 J RESOLUTION NO. 82-150 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT AND AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF BENTON MANOR. WHEREAS, the owner and proprietor, Hallmark Homes, Inc., has filed with the City Clerk the Preliminary and Final Plats and Amended Preliminary and Final Large Scale Residential Development Plan of Benton Manor located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: Commencing at the NW Corner of the NE Quarter of the SW Quarter of Section 16, T79N, R6W of the 5th P.M., Iowa City, Johnson County, Iowa; thence on an assumed bearing of S89°45'00"E, 595.90 feet along the North line of the SW Quarter of said Section 16 to the Point -of -Beginning; thence NO°10'00"E, 312.89 feet to the South R.O.W. line of Benton Street; thence S8903912511E, 268.62 feet along the South R.O.W. line of Benton Street; thence S0048'08"E, 202.00 feet; thence S89039'25"E, 108.00 feet; thence S0048'08"E, 602.45 feet; thence N8905915911W, 421.42 feet to the SE corner of Weeber's Third Addition to Iowa City, Iowa; thence NO°01'21"E, 433.87 feet along the East line of said Weeber's Third Addition; thence S89045'00"E, 32.29 feet; thence NO°10'00"E, 60.00 feet to the Point -of -Beginning. Subject to an easement for ingress and egress over the Westerly 30 feet of the Northerly 372.89 feet of the above described tract. Said tract containing 6.91 acres more or less. WHEREAS, said real estate is owned by the above-named corporation and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said Plat and Large Scale Residential Development Plan are found to conform with Chapter 409 of the 1981 Code of Iowa and all other statutory requirements. WHEREAS, said Plat and Large Scale Residential Development Plan were examined by the Planning and Zoning Commission which recommended that said Plat and Large Scale Residential Development Plan be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said Plat and Large Scale Residential Development Plan of Benton Manor located on the above-described real estate be, and the same are hereby approved, and the dedication of easements as provided by law are hereby accepted, and that the portion of Benton Drive (a private /06JI J" 141CROFILMED BY I "JORM MICR16LAEI CEDAR RAPIDS DES MOINES 2 drive) located north of the boundary of Lot 2 as shown on the above- described plat be designated an officially approved place. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. It was moved by Balmer and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day /of June 1982. Y VL MAYOR ATTEST: CITY CLERK Received 3 Approvnt: dy 'le Legal Departmant 6•.2 1 141CROFILMED BY I l" `DORM MICR46LA13 CEDAR RAPIDS DES MOINES I � /06V i 1 1 3 I, Abbie Stolfus, do hereby certify that the above Resolution is a true and exact copy of a Resolution of the Iowa City Council, Iowa City, Johnson County, Iowa, made at a regular Council Meeting held on the 22nd day of June , 1982. ^ _ A — CITY CLERK 1 i MICROFILMED BY 1 ''IORM-MICR¢LAB-� CEDAR RAPIDS • DES MOINES I C ORDINANCE N0. 82-3064 AN INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD OF SIX MONTHS PENDING A DECISION TO REZONE ALL OR PART OF THE AREA. BE 11' ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to provide adequate time for consideration of the rezoning of all or part of the area hereinafter described. It will prevent construction of potential nonconforming uses that would be inconsistent with a decision to rezone all or part of the area consistent with the City's Comprehensive Plan as adopted or amended. SECTION 2. AMENDMENTS. Section 8.10.4 is hereby amended by adding the following section: D. In order to provide sufficient time for consideration of the rezoning of all or part of the area hereinafter described, building permits shall be issued only for such construction as would be permitted if the area were rezoned R3. The area affected by this interim ordinance is generally described as follows: Beginning at a point at the intersection of Johnson Street and Jefferson Street, proceed- ing easterly along Jefferson to a point at the intersection of Jefferson and Governor, thence southerly along Governor to Ralston Creek, thence easterly along Ralston Creek to Evans St. and continuing east approximately 160 feet along Ralston Creek to a point, thence south through S.M. Clark's Addition to Woodlawn, thence along the easterly lot line of Lot 1 of S.M. Clark's Addition, thence southerly along Muscatine to the intersection of Washington Street and Muscatine, thence south between Lots 3 and 7 of Fry's Subdivision, thence west along the alley on the northern lot line of Lot 3 J. & J.W. Clark's Addition, thence south through Lot 3 of J. &. J.W. Clark's Addition to College Street, thence south along the easterly lot line of Lot 9 and 25 J. & J.W. Clark's Addition to Burlington Street, thence south between Lots 2 and 3 of Kauffman's Addition, thence westerly between Lots 2 and 23 and 1 and 24 of Kauffman's Addition to Summit Street, thence south approximately 80 feet along Summit St., thence west through 1( MICROFILMED BY "DORM MIC R46LAB -! 1 CEDAR RAPIDS • DES MOI4E5 II /to&T- J r C r Out lot 1, 29, 28 Original Town on an irregular line and as shown on said zoning map to the alley, thence south along the alley paralleling Dodge Street to the centerline of Bowery Street, thence west along Bowery Street to the alley parallel to Dodge Street between Dodge Street and Johnson Street through Block 7 Lyon's Second Addition, thence due north along said alley to the south right-of-way line of Court Street, thence west along said right-of-way and the northerly lot line of Lot 1 Lyon's Second Addition to the alley in Block 6 Original lown Lyons 2nd Addition, thence due north along a line through Outlot 26, Block 42, and Block 41 Original Town to the alley located in Block 41 Original Town, thence easterly along said alley to Johnson Street, thence. northerly along Johnson Street to the point of beginning. SECTION 3. The Building Official is hereby authorized to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION 4. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Records of Johnson County, Iowa, upon final passage, approval and publication as provided by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon publication and shall remain in effect for six months or until the enactment of an ordinance to rezone all or part of the area above described, whichever is sooner. Passed and adopted this 22nd day of June, 1982. M / OR ATTEST: � f CITY CLERK /DSS i r4icRor[LmED BY I ' - JORM MIC RdLA13 J CEDAR RAPIDS • DES RDIBES I I I i i C U It was moved by Balmer , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER X DICKSON X ERDAHL x LYNCH x MCDONALD X NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxx Vote for passage: Date published 6/26/82 Moved by Balmer, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be sus- pended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer, Dickson. Nays: None. Receival & Approved By The Legal dopaitinanl I MICROFIL14ED BY I. JORM MICR46LAB CEDAR RAPIDS • DES MOINES I I i I r ORDINANCE NO. AN INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, BY LIMITING CONSTRUCTION WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD OF !jX MONTHS PENDING A DECISION TO REZONE ALL OR PAST OF THE AREA. BE IT ORRAINED BY THE CITY OF IOWA CITY, IOWA: SECTION PURPOSE. The purpose of this ordinance is to pr vide adequate time for consideration of the rezonng of all or part of the area hereinafter described. It will prevent construction of potential nonconforming uses that would be inconsiste4 with a decision to rezone all or part of the Area consistent /with the City's Comprehensiv Plan as adopted Pr amended. SECTION 2. A ENOTTS. S ction 8.10.4 is hereby amended by addi Ig the foll wing section: D. In or r to ovide sufficient time for conside atio of the rezoning of all or part of th area hereinafter described, building rmits shall be issued only for such consruction as would be permitted if the ar aere rezoned R3. The area affect by \\this interim ordinance is generally descri ed as follows: Beginning t a point at the intersection of Johnson Street and Jefferson Street, proceedin easterly along Jefferson to a point at the i ersection of Jefferson and Governor, thence outherly along Governor to Ralston Creek, ence easterly along Ralston Creek to Evans S and continuing east approximately 160 fet along Ralston Creek to a point, thence outh through S.M. Clark's Addition to Woodla , thence along the easterly lot line of Lot 1 of S.M. Clark's Addition, thence southerly along Muscatine to the intersection of Washington Street and Muscatine, thence south between Lots 3 and 7 of Fry's Subdivision, thence west along the alley on the northern lot line of Lot 3 J. & J.W. Clark's Addition, thence south through Lot 3 of J. &. J.W. Clark's Addition to College Street, thence south along the easterly lot line of Lot 9 and 25 J. & J.W. Clark's Addition to Burlington Street, thence south between Lots 2 and 3 of Kauffman's Addition, thence westerly between Lots 2 and 23 and 1 and 24 of Kauffman's Addition to Summit Street, thence south approximately 80 feet along Summit St., thence west through Outlot 1, 29, 28 Original 141CROM14ED AV i ' - DORM'MIC {7OLAB - CEDAR RAPIDS • DES 1401 NES I I 10(0,5 Town on an irregular line and as shown on said zoning map to the alley, thence south along the alley paralleling Dodge Street to the Chicago, Rock Island & Pacific Railroad tracks, thence northwesterly along the railroad right-of-way to the center line of Johnson Street, thence north approximately 330', thence due west approximately 150' o a point thence north along the alley i lock 6 Origin 1 Town Lyons 2nd Addition, ence due north long a line through Out t 26, Block 42, an Block 41 Original T to the alley located in Block 41 Ori ' al Town, thence easterly along said alle to Johnson Street, thence no therly along ohnson Street to the point of b ginning. SECTION 3. The Bui ding Official is hereby authorized to Chan a he Zoning Map of the City of Iowa City, Iowa, to onform to this amendment upon the final passage, roval and publication of this Ordinance as provi ed law. SECTION 4. The ity Cle k is hereby authorized and directed to cer ify a cop of this Ordinance to the County Records of Johnson ounty, Iowa, upon final passage, appr val and publ ation as provided by law. SECTION 5. FFECTIVE DATE. TM Ordinance shall become effe tive upon publication nd shall remain I effect Or six months or until t enactment of an ordinan a to rezone all or part of a area above described whichever is sooner. f Passed ail adopted this MAYOR ` ATTEST: CITY CLERK D /0 6 S 1 I41CROFILIIED BY JORM-MICREILAB -� CEDAR RAPIDS • DES MOINES . J LL A It was moved by and seconded by that the Ordinance as read by at opted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First considerati 6,14/82 Vote for passa e: yes: erre a I mer, Dickson, Erdahl, McDo d. Nays: Lynch. Absent: Neuhauser. Second consid ation Vote for pa sage: Date publis ed µeccivec al peparwonl s 1 i M1111F1011 RY i I "JORM-MICR�LAB CEDAR RAPIDS DES'MO /066 r ORDINANCE NO. AN INTERIM ORDINANCE AMENDING CHAPTER 8/OF E ZONING ORDINANCE OF THE MUNICIPAL CODE CITY OF IOWA CITY, BY LIMITING CONSN WITHIN A DESIGNATED AREA FOR A MAXIMUD OF SIX MONTHS PENDING A DECISION TO REL OR PART OF THE AREA. BE IT ORDAINED BY THE CITY OF IOWA CITYIOWA: SECTION 1. PURPOSE. The purpose of his ordinance is to provide adequate time for nsideration of the rezoning of all or part of the area hereinafter described. It will prevent construction of po ential nonconforming uses that would be inc nsistent with a decision t rezone all or part of the area consistent with the City's Comdr ensive Plan as adopte or amended. 0 The area generally :NDMENTS. S ction 8.10.4 is hereby ng the foll wing section: I order to p Ovide sufficient time for con ideratio of the rezoning of all or part f the area hereinafter described, builds g p mits shall be issued only for such cos uct'on as would be permitted if the ar were rezoned R3. affecte \asllows: his interim ordinance is describ d Beginning t a poi n at the intersection of Johnson Street an Jefferson Street, proceedin easterly alo Jefferson to a point at the i tersection of Je ferson and Governor, thence outherly along vernor to Ralston Cr: hence easterly alon Ralston Creek to Evans At. and continuing e t approximately 160 f et along Ralston Cre to a point, thenc south through S.M. Clar 's Addition to Wood)awn, thence along the east rly lot line of /ot 1 of S.M. Clark's Addi\!1heal ence sou herly along Muscatine to the tion of Washington Street and Muscaence so th between Lots 3 and ry's Su division, thence west along y on th northern lot line of Lot 3 J. & J.W. Clark's Addition, thence south through Lot 3 o J. &. J.W. Clark's Addition to College S reet, thence south along the easterly lot line of Lot 9 and 25 J. & J.W. Clark's Addition to Burlington Street, thence south between Lots 2 and 3 of Kauffman's Addition, thence westerly between Lots 2 and 23 and 1 and 24 of Kauffman's Addition to Summit Street, thence south approximately 80 feet along Summit St., thence west through Outlot 1, 29, 28 Original I4ICROnu4ED RY CORM MIC R4yLAL9 ? CEDAR RAPIDS DES 1401?IES I to b5 1 r Town on an irregular line and as shown on said zoning map to the alley, thence south along the alley paralleling Dodge Street to the Chicago, Rock /hene nd & Pacific Rai oad tracks, thencerthwesterly alon the railroad right-oy to the westerly of line of Lot 4 LyoFirst Additio , thence northerly along lley paralleli g Van Buren Street to Ralstoeek, thence 0rtheasterly along Ralston k to Van uren Street, thence southerlyng Van Bu en Street to the south lot line Lot Lyon's Second Addition, thenceterly o the alley shown \onLyo.n'sL'Seconditi thence northerly west li s of Lot 1, 2 and 3 cond t' n due north across St. talley located in Block l Townence easterly along said Johnsotreet, thence northerly hnsoneet to the point of SECTION 3. Theilding Official is hereby authorized to cha e e Zoning Map of the City of Iowa City, Iowa, o Confor to this amendment upon the final pas sag appro. 1 and publication of this Ordinance as pr ided by la SECTION 4. Th City Clerk is reby authorized and directed to c rtify a copy of thI Ordinance to the County Recor s of Johnson County, owa, upon final passage, ap royal and publication s provided by law. SECTION 5. EFFECTIVE DATE. This Ordin ce shall become of ective upon publication and sha remain in effec� for six months or until the enact nt of an ordi nce to rezone all or part of the area bcve describ d, whichever is sooner. Passe and adopted this MAYOR CITY CLERK 1 i 141CROFIL14ED BY 1 'JORM MICR#LAB I -J I .JCEDAR RAPIDS DES M014ES I 5 �r It was moved by and seconded by t at the Ordinance as read by adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON EROAH _ LYN M NALD UHAUSER PERRET Fi t consideration �rFi.4f8a. 11^61W Amp n�K Second c sideration Vote for assage: Date published Re4:elved & Approved By The Legal Department v I o65 i 141CROFILMED BY --JORM--MICR¢LAB CEDAR RAPIDS • DES MDIYES I� f� JUt� 2119112 ABBIE CITY CLERK 3, UNT JAMES DIXON 715 E. College Street Iowa City, Iowa 52240 Q,111t,,c 22, 1grL /11n Oi/xoiy & uN<r/la /0<x�i<d /)reerii79 6eCQ<t.Se O rP/Pr Q/. r'— t 1 MICROFILIBYDORM"MBCEDAR RAPIDS NES 1065 ORDINANCE NO. 82-3065 ORDINANCE AMENDING SECTION 8.10.25 OF THE ZONING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to prohibit off-street vehicular parking in locations other than valid parking spaces. SECTION 2. AMENDMENT. Section 8.10.25 of the Zoning Chapter is hereby amended by adding the following new subsection: I. In all zones, no four-wheel, self- propelled, motor vehicle, as defined by Chapter 23 of the Code of Ordinances, shall be parked off-street except in a parking space as provided in this chapter provided, however, that parking shall be permitted on " a regularly constructed aisle for a single family or two family dwelling. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the s Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. r SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nd day of June, 1982. y kT'YOR ATTEST: CITY CLERK Rocelvcd & App;cvM By Th: Legal Danar,nant /o6ec j. 141CROERI4ED RV I � -JORM MICR4/LA13 1 J I ' CEDAR RAPIDS •DES 140IAE5 a s f� 0 It was moved by Lynch , and seconded by Dickson that the Ordinance as read be adopted and upon roll call there were. AYES: NAYS: ABSENT: x BALMER x DICKSON —x— ERDAHL x LYNCH — x MCDONALD —x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 6/30/82 Moved by Lynch, seconded by Balmer, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consider- ation and vote be waived and the ordinance be voted upon_ for final passage at this time. Ayes: McDonald, Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None. /066 MICROFILMED BY `-"JORMMICRbLA13 CEDAR RAPIDS DES MOINES I �� •I 1 r ORDINANCE N0. 82-3067 ORDINANCE AMENDING SECTIONS 8.10.3, 8.10.28.C,D,F AND 8.10.28.H1(a) AND SECTION 8.10.29.A,B OF THE ZONING ORDINANCE OF THE CODE OF ORDINANCES CONCERN- ING THE INTERPRETATION OF THE ZONING ORDINANCE. SECTION 1. PURPOSE. The purpose of this amendment is to amend the Zoning Ordinance to make the City Manager or his/her designee the administrative official responsible for the interpretation of the Zoning Ordinance. SECTION 2. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3 is hereby amended by adding the following definition: 84. Zoning Code Interpretation Panel A staff panel designated by the City Manager to interpret the provisions of the Zoning Code in such a way as to carry out its intent and purpose. The panel may be composed of one member of the Housing and Inspection Services Department, one member of the Department of Planning and Program Development, and one member ! of the Legal Department. The concurring vote of all members shall be necessary to carry out its business. In the case where a decision cannot be reached, the City Manager shall make the 'final interpretation and issue the panel report. B. Section 8.10.28.0 of the Zoning Ordinance is hereby amended by deleting this section and replacing it with the following: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Iowa City affected by a decision of the Zoning Code Interpre- tation Panel or by the City Manager in the case where the panel cannot reach a decision. Such appeal shall be taken within .a reasonable time, and shall be prescribed as provided by the rules of WPOFnwen BY CORM MIC RbLAEI CEDAR RAI'1 DS DES t40I11JCS I i i /067 r the Board, a notice specifying the grounds therefore. The administrative officer shall forthwith transmit to the Board, all papers constituting the record upon which the action appealed from is taken. C. Section 8.10.28.0 of the Zoning Ordinance is hereby amended by deleting this section and replacing it with the following: An appeal stays all proceedings in furtherance of the action appealed from, unless the City Manager or his/her designee certifies to the Board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate of (a) stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board, or by a court of record on application and notice to the City Manager or his/her designee on good cause shown. 0. Section 8.10.28.7 of the Zoning Ordinance is hereby amended by deleting this section and replacing it.with the following: The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the City Manager or his/her designee, or to decide in favor of the applicant on any matter upon which it is required to pass, or to affect any variation in this chapter. E. Section 8.10.28.H1(a) is hereby amended by deleting this section and replacing it with the following: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination, or interpretation made by the Zoning Code Interpretation Panel or by the City Manager in the case where the panel cannot reach a decision in the enforce- ment of this chapter. F. Section 8.10.29.A of the Zoning Ordinance is hereby amended by deleting this section and replacing it with the following: /Ob7 141CROEILMED BY i -DORM MICR6LAB CEDAR RAPIDS - DES MOWS 1 � i _ a r It shall be the duty of the City Manager or his/her designee to enforce this chapter. It shall also be the duty of all officers and employees of the City and especially all members of the Police Department to assist the City Manager or his/her designee by reporting to him/her any new construction, reconstruction, land uses, or other seeming violations. G. Section 8.10.29.B is hereby amended by deleting this section and replacing it with the following: Appeals from the decision of the City Manager or his/her designee may be made to the Board of Adjustment as provided in Section 8.10.28. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, prev sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not- adjudged invalid or j unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nd day of June, 1982. .. !� . CITY CLERK Received a pr.t1'0vv1 By The Legal DepLnim2nt 1" 141CROFIL14ED BY 1 JORM MIC R4SLAB .1 1 � CEDAR RAPIDS DCS t40INES I r It was moved by Erdahl , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration Vote for passage: xxxxxxxxxxxxxx Second consideration xxxxxxxxxxxxxxx Vote for passage: Date published 6/30/82 Moved by Erdahl, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Perret, Balmer, Dickson, Lynch, McDonald, Neuhauser. Nays: None. 1647 1 � MICROr ILMED BY 1- JORM MICR16LAB - I CEDAR RAPIDS • DES MOINES I� r ZONING CODE INTERPRETATION COMMITTEE Purpose: A standing staff committee designated by the City Manager to provide consistent interpretations where the intent of the ordinance is unclear. All interpretations shall be written and filed with the City Clerk's office. Membership: The Committee shall be composed of one member of the Housing & Inspection Services Department, one member of the Department of Planning and Program Development, and one member of the Legal Department. Members shall serve at the discretion of the City Manager. Powers: The Committee shall have the following powers: 1. To interpret the provisions of the Zoning Code in such a way as to carry out its intent and purpose. 2. To consider possible amendments to the Zoning Code prior to review by the Planning & Zoning Commission and the City Council. Vote Required: The concurring vote of all members shall be necessary to carry out its business. In the case where a decision cannot be reached, the City Manager shall make the final interpretation. 141CROFILMED BY 1 " JORM MICR#LAB ) � CEDAR RAPIDS • DES MOINES 1067 \I ��1 City of Iowa City MEMORANDUM Date: April 21, 1982 To: City Council From: Neal 9eilin, City Manager Re: Interpretation of the Zoning Ordinance At its meeting on April 15, 1982, the Planning & Zoning Commission recommended approval of the attached ordinance by a vote of 5-0. The enclosed amendment is being proposed in order to promote fairness and consistency in interpretation of the Zoning Ordinance. A Zoning Code Interpretation Committee is proposed. The purpose and duties are stated in the enclosed outline. The preparation of written interpretations and the creation of a permanent file should be exceedingly beneficial to the public, the Planning & Zoning Commission and the staff. Although a zoning ordinance may be well written, interpretations of exactly what the ordinance says, or what it was intended to say, may vary, particularly over a period of time when various people are involved. It is important that the City staff be consistent in the presentation of the City's position among various cases over time. That consistency can best be achieved by involving those departments, who author and enforce the ordinance, in clarifying any interpretation questions. Therefore, the Committee, as proposed, will include representatives of the Planning, Legal, and Inspection Services departments who will be designated to resolve any interpretation questions at the staff level and submit their determinations to writing for future reference. The viewpoints which are brought to bear on any question by each of these departments should ensure interpretations of the ordinance which are non -discretionary, equitable, and are consistent with the intent of the ordinance and with each other over time. be/sp 1667 MICROFILMED BY J �c JORM MICR EILj , L J � CEDAR RAPIDS • DES MDI �I i i I i r CITY CSF IOWA CITY CHIC CENTER 41 O E. WASHNGTON ST. IOWA CITY, [OW/A52240 (319)356-50-0 June 21, 1982 John Campbell Iowa City Press -Citizen 319 E. Washington St. Iowa City, Iowa 52240 Dear John: I'd like to indicate my displeasure with the remarks attributed to me in the June 14 Press -Citizen article regarding the construction of the new sewer plant. I feel I was misquoted with the comments attributed to me taken out of context of our total conversation. According to the notes I jotted down during and after our conversation, the conversation went approximately as follows. You requested the status of the new sewer plant. I indicated I was the staff member responsible for land acquisition as per City Council directives, and that other people on the staff such as Pam Myhre, Chuck Schmadeke, and Frank Farmer had more detailed information on the plant and the associated work (new sewer lines, etc.) than I did. You then asked why the new plant was sized for 13 million gallons per day flow when the present plant size was 8 million gallons per day. I indicated that new plant design was based, in part, on population growth which had been occurring at a rate of about .5% per year for the last decade. I also said Iowa City only has one "wet -intensive" industry at present and explained the terminology. You then asked why a smaller plant had not been considered given that the population was not growing very quickly. I responded I thought a smaller plant design might have been considered by Veenstra & Kimm but I wasn't sure what had happened to consideration of that option. I also said while a smaller sized plant would cost less to operate in terms of materials and the like, the Veenstra & Kimm plans had undergone value engineering studies (I explained the term value engineering) which had been done by Stanley Consultants. You asked if DEQ would consider the sizing of the plant as an issue in awarding the construction grant monies and I replied that 1 did not know. I again referred you to Frank Farmer for additional information as well as to Veenstra & Kimm for which I gave a phone number. To the best of my recollection, this is an accurate representation of the wording used. The juxtaposition of quotes used in the article make it appear that I am in opposition to other City staff members and the City's application to the DEQ. Based on the information communicated in this phone call, I do not see how that conclusion can 1 Mi CR0(ILI4ED BY I -DORM MICR6LAEI -{ J I � CEDAR RAPIDS DES I401YE5 .' I i /a7V 11, r M'1 N John Campbell Page 2 be reached. In addition, the staff I referred you to were truly the people who should have contacted for your questions. I recall several times during our conversation indicating my information was based on a review that I had done two years ago and that a specific staff member should be contacted because he/she had more recently worked with information and was aware of the present status of a particular item. I certainly feel no pleasure in writing this letter, but feel that it is necessary to set the record straight. I hope that future relations will not be hindered by this misunderstanding. Sincerely, Andrea Hauer Development Coordinator cc: Neal Berlin bj/sp JI4ICROFILMED BY 1" ""DORM MICR46LAB CEDAR RAPIDS • DES MOIYES IIj l0 7yr r ORDINANCE NO. 82-3066 ORDINANCE AMENDING 524-84 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to include water ski shows as a type of event which may be held on the Iowa River pursuant to application with and authorization from the City Manager. SECTION 2. AMENDMENT. Section 24-84 of the Code of Ordinances is hereby amended to read as follows: Sec. 24-84. Regattas, races, marine parades, tournaments, water ski shows, or exhibitions. The city manager may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, water ski shows, or exhibitions on the Iowa River. If a regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition is proposed to be held, the person in charge, thereof shall file an application with the city manager for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition. The application shall set forth the date, time, and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition and it shall not be conducted without written authorization of the city manager. SECTION 3. REPEALER. All ordinances and parts of ordinances to conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be to effect after its final passage, approval and publication as required by law. n ICROPILnEO BY "DORM MIC RfSLA B CEDAR RAPIDS DES M014ES I /677 1 J r 13 Passed and approved this 22nd day of June, 1982. -AAAA .I.I C. M R 1� ATTEST: CITY CLERK It was moved by Balmer , and seconded by McDonald that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x x LYNCH x MCDONALO x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxxxx Vote for passage: Date published 6/26/82 is Received & Approved By The Legal De artment i � L i Moved by Balmer, seconded by McDonald, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. I MICROFILMED BY 1 -"JORM MIC R1i1L AB CEDAR RAPIDS DES I•f01YE5 II 1 �1 ,+oY:i7ti. 191.%n IOWA CITi CODI: Q (c) No poison shall operate a vessel and enter Into areas In which search and rescue operations Aro being conducted unless Authorized by the officer in charge of the search and resect operation. Any person authorized In an area of opera• lion shall operate his vessel At it no wake spend And elicit P keep clear of all other vessels cnapmed In the search and reveuo operation. , M No person shall operate mu• vessel louring persons on wnle• skis, snrfbom'da, or slmil:u• devices. (g) No erne• or operator of ally vessel propelled by a motor of more than six (G) horsepower shall permit any per. sou tinder twelve (I2) years of age to operate such vessel except when accompanied by a responsible person of at least eighteen (18) years of age who Is experienced In motor - but operation. (h) No person shall operate tiny watercraft between the Iowa Avenue Bridge And the Millington Street Dom. (1) No person shall swim in the Iowa River between the loan Avera Bridge and the Burlington Street Dam. (D No person shall wall, Ice skate, fish or otherwise he upon blue surface of the Ica on the lowA River between the Iowa Avenue Bridge and lite Millington Street Dam. (k) No craft or vehicle shall be operated an the surface of the lea on fawn River between the lona Avenue Bridge and Lilo Burlington Street Dam. (Code IDGG, 1 7.20.6; Ord. No. 2G28, 17; Ord. No. 73.2680,111, 7.31.79) s Wo,Nr'k: rl,ewl Sea 21,81. egallns, races, marine parades, lonranmenle or esldbilious. ' The city manager may authorize the holding of Beguile', motorboat or other boat races, marine parades, louruamentsap•*rrl('tde' n• rrblidlimm an Ibr Imvn (liver. If it meal Ilyj mnlmi,enl Ar tnnlmsed to he held, the Parsee in cliarim 6"reaf shall filu An Application with the city mmNOor for permission to hold such regatta, motorboat or other beat race, murine parade, 1G6tl 0.— RE RE I MISCELLANEOUS PROVISIONS 1 24-%1 WfS touramentAor exhibition. The application shall set forth the date, time and location where It Is proposal to hold such regatta potorboat or other boat race, murine parade, tourna. menta or exhibition and It shall not be conducted without writ. len Authorization of the city mnnnter. (Credo 1960, 1 7.20.7; Ord. No. 2623, 1 8) Sec. TI•S0. Overloading of vessels No Putman awning or operating a vessel shall permit such vessel to be occupied by more passengers and crew thin the registration capacity permits. (Code 1969, 1 7.20.8; Ord. No. 2628, 1 9) Sec. 21.80. (tight-of•u'ny rules. Vessel traffic shall he governed by the following rules: (1) Passing from rear, keep to the operator's left. (2) Passing head on, keep to the operator's right. (3) Passing at right angles, vessel At the right has aha right-of-way. (4) Manually propelled vessels have the right-of-way over all other vessels. (6) Sallbonts hnva the right-of-way over all motor driven vessels. klolorboats when meeting or overtaking Anil. boats, shall always pus on tha leeward side. (6) Any vessel backing tram a landing has the right-of- way over incoming vessels. (7) The commission Is authorized to promadgAto further rules unit regulations governing vessel traffic. (Cala 1060,17.20.9; Ord. No. 2628, 1 10) See. 24.87. IleculnHans for buoys. (b) No other obstruction of any kind shall be maintained without first receiving permission from the city manager to maintain such obstruction. 1888 1 MICROFILMED BY 1 DORM MICROL A13 _1 J I CEDAR RAPIDS •DES 1401YE5 ' I r i �P -rxt ROUGH DRAFT CFW:pjt June 15, 1982 PROPOSED ORDINANCE An ordinance amending Section 24-84 of the Code of Ordinances, City of Iowa City, Iowa, authorizing the city -manager to grant permission to hold regattas, motorboat or other boat races, marine parades, tournaments, water ski.shows or exhibitions on the Iowa River. Section 24-84 of the Code of Ordinances, City of. Iowa City, Iowa, is hereby amended to read as follows: "Sec. 24-84. Regattas, races, marine parades, tournaments, water ski shows, or exhibitions. The city manager may authorize the holding of regattas, motor boat or other boat races, marine parades, tournaments, water ski shows, or exhibitions on the Iowa River. If a regatta, motorboat or other boat race, marine parade, tournament, water ski show, or exhibition is proposed to be held, the person in charge thereof shall file an application with.the city manager for permission to hold such regatta, motor boat or other boat race, marine parade, tournament, water ski show, or exhibition. The application shall set forth the date, time, and location where it is proposed to hold such regatta, motor boat or other boat race, marine parade, tournament, water ski show, or exhibition and it shall not be conducted without written authorization of the city manager. MICROFILMED BY -JORM MICRbLAB- CEDAR RAPIDS OES MOINES j i /677 J RESOLUTION NO. 82-151 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT WITH SHIVE-HATTERY AND ASSOCIATES FOR PROJECT INSPECTION, TESTING, AND SURVEYING FOR THE NORTH BRANCH DETENTION STRUCTURE. WHEREAS, Shive-Hattery and Associates has been selected as the City's consultant for the above-named project, and WHEREAS, the City of Iowa City and Shive-Hattery and Associates have negotiated a contract for the above-named services; a copy of said contract is attached and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for inspection, testing, and surveying for the above-named project is hereby awarded to Shive-Hattery and Associates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract between the City of Iowa City, Iowa, and Shive- Hattery and Associates for project inspection, testing, and surveying for the North Branch Detention structure. It was moved by Erdahl and seconded by Lynch the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of June , 1982. IAM ATTEST: CITY CLERK Received 8, Approved By The legal Do arhnent (s it 8 z_ _ lv7 8 1 1 141CROFIL14ED BY DORMMICR#LA E3 l CEDAR RAPIDS DES MOINES �J AGREEMENT This Agreement, made and entered into this 22nd day of June 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Consultant is to provide full-time project inspection and testing services for the north branch dam on Ralston Creek as stated below. Full -Time Project Representation The Constultant shall provide technical observation of construction by a full-time resident project representative and supporting staff. The duties, responsibilities and the limitations on the authority of the resident project representative and assistants are set forth in Exhibit A and are made a part of this agreement. Through on-site observations of the work in progress and field checks of materials by the resident project representative and assistants, the Consultant shall endeavor to provide protection for the City against defects and deficiencies in the work. The Consultant shall keep a daily log of the work in progress and submit copies of the log to Owner at the end of each week. The Consultant shall provide the initial field stake out of construction and all subsequent staking as construction progresses. Testing The Consultant shall provide field testing for embankment construction and for cast -in-place concrete. The frequency and amount of testing for cast -in-place concrete shall be as specified in the job specifications. The amount of soil testing to be done during construction of the embank- ment shall be determined by the resident engineer. In general, enough testing should be conducted so that the resident engineer can determine that the construction work is complying with the compaction requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. Special consideration for testing shall be given to the more critical areas including preparation of the existing surfaces to receive fill, compaction material in the cutoff trench under the dam, and compaction of materials around pipes. Uniform compaction of material throughout the embankment is also of importance to minimize future settlement and to result in a stable structure. The resident project engineer or a qualified inspector working under the engineer's supervision will be on site during placement of all fill. Several compaction tests should be made on each lift for the first few lifts and the number of tests may be reduced as the height of the embank- ment increases. Additional tests should be made in critical areas (around X07 1 RICRDFILI4ED BY _ I i JORM MICRbLAB L l CEDAR RAPIDS • DES MOINES I � a 2 pipes, etc.) or where visual observation by the resident project inspector indicates areas of questionable compaction results. II. GENERAL TERMS 1. The City may terminate this Agreement upon seven (7) days written notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 4. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 5. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 6. The City agrees to tender, to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Qity to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 7. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate the City Engineer to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule so that the contractor's work is not delayed. /0181 1 l , MICROrILMED BY ' JORM MIC Rd/L Aa CEDAR RAPIDS • DES MOINES i I r W Services shall begin with the preconstruction conference, continue through the construction period, and shall end when the City's Design Consultant submits his statement of substantial completion to the City. V. COMPENSATION FOR SERVICES Resident Project Inspection The fee for resident project inspection will be based on a direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as Exhibit B. Surveying Services Surveying services shall be based upon direct personal expense times a multiplier of 2.19. Testing All testing will be provided at the current standard unit prices. A copy of these prices is attached as Exhibit C. Reimbursable expenses shall be paid as a separate cost and shall include the following: A. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for the Consultant's office use. B. Long distance telephone calls. Contract fee including the total resident project inspection, surveying services, testing, and reimbursable expenses shall not exceed $ 54,600.00 The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense times a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response in writing in this instrument. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. FOR THE CITY: SHIVE-HATTERY AND ASSOCIATES: MAYOR ATTEST: CITY CLERK I MICROFIL14ED BY JORM - MICR6LA13 I CEDAR RAPIDS DES MOIRES Rmlved & Approved By The Legal Department uJ 6 -/6 -?L /O 7f 1 r -, STATE OF IOWA JOHNSON COUNTY On this 22nd day of June '1982, before me, a Notary Public missio duly commissioned and qualified in and for said County and State, personally appeared Mary C. Neuhauser , Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. ry Public in and for Johnson County, Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of , 1982, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared and , to me personally known, who being by me duly sworn, did say that they are the and , respectively, of said corporation; that (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and that the said and as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State /078 1 - MICADEILMF.O BY i I DORM MIC R6LABi CEDAR RAPIDS • DES MOINES C r Exhibit A to Agreement BetWeen Owner and Engineer for Professional Services, dated 19 (for use with No. 1910-1, 1979 Edition). Duties, Responsibilities and Limitations of Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent, will act as directed by and under the supervision of ENGI- NEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters' pertaining to the on-site Work'shall in general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. B. Duties and Responsibilities. ' Resident Project Representative will: I. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 1. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and otherjob conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. . 3. Liaison: ... . a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- dent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. b. -As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4. Shop Drawings and Sarnples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which arc furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work requiring n Shop Drawing or sample submission if the submission has not been approved by ENGINEER. S. Rrrirn' of IVork, Rrjerrian of Orf •wrier Nark, laspections and Trltrr a. Conduct on-site observal ions of the Work in progress tuassisl ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests orapproval requiredto be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment Ind systems startups and operating and mainten:mee instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains ndequale records thereof observe, record tad report to ENGINIi14R appropri:tle details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. © 1979 by National Society of Professional Engineers. 2029 B St.. N.W., Washington, D.C.:ODD6 NSPRIACEC/ASCE Publication No. 1910-I•A 1979 Edition /079 MICROFILMED BY JORM MICROLAB 1 I CEDAR RAPIDS • DES MOMES i I r 6. Interpretation of Contract Documents: Transmit to CONTRACTOR ENGINEER's clarifications and interpretations of the Contract Documents. 7. Afodiftcations: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on thejob site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR's compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to ENGINEER upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incor- porated in the Work. 11. Certificates, MlaintenmarnndOperationManuals: During the course of the Work,verify that certifiicates,maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed: and deliver this material to ENGINEER for his review and forwarding to 0WNER prior to final acceptance of the Work. 12. Completion: a. Before ENGINEER issues a Ccnificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER. OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on final list h9ve been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitatinnsor Authority. Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute mmeri.ils or equipment. 2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents. J. Shall not undertakcany of the responsibilities of CONTRACTOR. subcontractors orCONTRACTOR's superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically culled for in the Contract Documents. S. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not aulborize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized meld or laboratory tests. ne M,,d by E -&e ,iJoint Cont race r...m, Commiva NbbtbeJjeintlJ by: N(.. wulEnnmmr, in Pnum hgkc,epnnke Jbiaon urib, Nnlnnd Suckp d Nd..I nd Cnlyluae A.tw. Comubiq rnGmen[remit; A.tk.n S. kir d Civil Enyncnt MICROFIL1410 R1' 7 JORM MICR6LAB- I CEDAR RAPIDS • DES 1401t1E5 1 J r 6. Interpretation of Contract Documents: Transmit to CONTRACTOR ENGINEER's clarifications and interpretations of the Contract Documents. 7. 6fodifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras b. deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. subcontractors and major suppliers of c. Record names, addresses and telephone numbers of all CONTRACTORS, materials and equipment. 9. Reports: I dCONTRACTOR'scompliance with the a. Furnish ENGINEER periodic reports as required of progress of the Wor an approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the work. c. Report immediately to ENGINEER upon the occurrence of any accident. shed 10. Payment Requisitions: Review applications for payment with CONTRACTOR for compliance ng particularlyh the their procedure for their submission and forward them with recommendations to ENGINEER, noting particularly vered at the site but not incor- relation to the schedule of values, Work completed and materials and equipment deli porated in the Work. ll. Certifrrnles, Maintenance and Operation Manuals: Duringthe course ofthe Work,, erify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed: and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR n list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINC•ER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. C. Verify that all items on final list have been complete J or corrected and make recommendations la ENGINEER concerning acceptance. C. Limilatinns of Authority. Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shull not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents. J. Shall not undertakcanyof the responsibilitiesofCONTRACTOR,subcontractorsurCONTRACTOR'ssuperintendent, or expedite the Work. 4. Shall not advise on or issue directions relative 10 any aspect of the means, methods, techniques, sequences or procedures orconstruction unless such is specifically culled for in the Contract Documents. S. Shall not advise on or issue directions its to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole Orin part. 7. Shall not participate in specialized field or laboratory tests. PeNIM by EOrb,Rl\ MIM Cum un nmumrm• Cummnui N64,M1rJ Lrinill hY�Pnfn,WmlEnpneen,nPn.me PwMe.�pnnk,Ji,nununM •mJSuakryof Aofmiun.l CnpMm;A,MMmranmXmI EOOMtn Counal: emeM-s rry Vic ... l EnVMflf 1r. i 141CROFIL14ED BY i JORM MICROLA6 CEDAR RAPIDS • DES MOINES ,O 79 J fF EXHIBIT B 1 141CROFILMED BY II f l- -'JORM "MICR46LAE3 i 1 Ij CEDAR RAPIDS • DES M014ES I /078 1 DIRECT PERSONNEL EXPENSE January 2, 1982 - November 30, 1982 Grade 7 Engineer $ 22.74 Grade 6 Engineer 21.75 Grade 5 Engineer 20.02 Grade 4 Engineer 17.64 Grade 3 Engineer 16.40 Grade 2 Engineer 13.66 Grade t F Technician 14.17 Grade E Technician 12.96 Grade t D Technician 11.36 c Grade C Technician 9.05 Grade B Technician 7,92 I Grade A Technician 4.39 3 -Man Survey Crew Z 28.51 2 -Man i Survey Crew Y 21,74 Grade 4 Secretary 9.66 Grade I 3 Secretary 8.72 Grade 2 Secretary 7.23 Grade i I Secretary 4.50 1 141CROFILMED BY II f l- -'JORM "MICR46LAE3 i 1 Ij CEDAR RAPIDS • DES M014ES I /078 1 EXHIBIT C SHIVE-HATTERY & AoSOC1ATES ENGINEERS SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES JANUARY 1, 1982 GENERAL Mobilization charges - based on round trip mileage from nearest office Automobile or auxiliary vehicle $ .25/mile Drill rig (minimum charge of $135.00) 2.25/mile Per diem rate (charge if site is more than 30 miles from nearest office), per individual 30.00/day All terrain vehicle utilization 150.00/day Boring location survey (two man creta) i 57.00/hour Stand-by time, in excess of normal set-up time, as j a result of client's request or action Truck $G0.00/hour All terrain vehicle $75.00/hour Specialized drilling equipment, equipment for moving drilling equipment at site, permits, etc. Cost + ISO - SOILS - FIELD I Auger drilling - hollow stem augers r Struc'cure boring - utilizing standard penetration test (2-1/2' intervals to 15',(5' intervals to 50' and 10' intervals thereafter) i 0' - 25' 6.25/foot 25' - 50' 7.00/foot 501+ 8.00/foot CIVIL MECHANICAL ELECTRICAL STRUCTURAL GEOTECHNICAL ENVIRONMENTAL SURVEYING TRANSPORTATION /o U j MICRorILMED BY ' J "-JORM MIC RE/L AB- CEDAR RAPIDS DES MO IVES I� .:_..WI_ I r Schedule of General, Field and Laboratory Fees January 1,1982 Page Two Auger drilling - solid augers Profile boring - samples at 5' intervals to 501, 10' intervals thereafter 0' - 25' $ 5'.75/foot 25' - 50' 6.50/foot 50'+ 7.30/foot Profile boring - without samples, defining top of rock and water table 0' - 25' 5.25/foot 25' - 50' 6.00/foot 501+ 6.80/foot Wash boring. Set up - per boring 75.00/each Hourly drilling rates including equipment and two technicians Trailer -mounted rig (Simco 2400) 65.00/hour Truck -mounted rig (Chia -55) 75.00/hour All -terrain -mounted rig (CYE -550) 85.00/hour Hard auger drilling - through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard penetration I' resistance > 50 blows per foot) 13.50/Foot Rock drilling Bitting 17.00/foot Coring, NIN size 26.00/foot Set-up/boring 75.00/cacti Auxiliary water truck 40.00/each Drilling or coring through Portland concrete slabs 10.00/inch i SHI`/F•HATTERY 3 ASSOCIATES 141CROEILMED BY 1 -JORM MICR6LAI3 _ -- 1 ---j CEDAR RAPIDS DES MOINES /078 Mi r 1 L•:� 1 s r Schedule of General, Field and Laboratory Fees January 1, 19S2 Page Three Sampling and testing Additional standard penetration tests 4 13.50/each Shelby tube ("undisturbed"), 2" or 3't 14.00/each diameter Large volume bag sample 15.00/each Rimac unconfined compression value 5.00/each 2.00/each Hand penetrometer value 5.00/each Vane shear value, torvane Seismic refraction testing Equipment cost 100.00/day Slotted well point installation, in drilled bore hole Well installation and backfill 75.00/each 6.75/foot 2" PVC slotted well screen 4.00/foot 2" PVC threaded riser pipe SOILS - LABORATORY Shelby tube extrusion, sample preparation, and logging 5.00/each Natural moisture content 2.50/each Dry unit weight, Shelby tube specimen 3.00/each Atterberg limits LL, PL, PI 40.00/set 20.00/each SL Mechanical analysis Hydrometer30.00/each 25.00/oath Sieve Sieve, washed over 02O0 30'.00/ch 5 O.UO/ouch Combined hydrometer/sieve Specific gravity 30.00/each Unconfined compression testing Soil w/o stress - strain curve 13.1111/each 13.5n/each w/stress - strain curve 35.00/each Rock, including cutting and eappin1v SHIVE•HATTERYL ASSOCIATES 070 1 MICROFILMED BY i iCORM MICR6LAO CEDAR RAPIDS • DES MOINES I r - Schedule of General, Field and Laboratory Fees January 1, 1982 Page Four Compaction testing (Proctor) Standard S 75.00/each Modified 85.00/each Relative density, maximum/minimum 85.00/each California bearing ratio (single point) 100.00/each Consolidation testing, including e - log p curve Loading cycle - 1/4, 1/2, 1, 2, 4, 8, 16 tsf, 175.00/each typical Unloading cycle - 8, 4, 1 tsf typical 50.00/each Additional load or unload increments 15.00/each Time ratio curve, per load increment 12.00/each Triaxial testing Unconsolidated - undrained (Q) -3 specimens/test 175.00/test Consolidated - undrained (R) - 3 specimens/test 225.00/test Consolidated - drained (S) - 3 specimens/test 275.00/test Additional for pore pressure measurements 175.00/test j Permeability testing Sample preparation 25.00/each Falling head or constant head 80.00/each I Remolded sample for test purposes 35.00/each Soil Chemical Analyses On Request MATERIALS - FIELD Coring of concrete or asphalt Equipment cost (per inch diameter per inch core) i.25 Generator or hater source 25.00/day Swiss hammer, concrete compressive strength 10.00/test Windsor probe, concrete coDiprossive strength 10.110/each SHIVE•HATTERY 6 ASSOCIATES i MICROFILMED BY JORM-MICR#LA13 CEDAR RAPIDS DES MOINES J� r Schedule of General, Field and Laboratory Fees January 1, 1952 Page Five Nuclear Density Meter Equipment cost - hourly $ 5.00/hour Equipment cost - by test 100.00/week 3.00/each Pachometer (size and location of reinforcing steel) 25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold Break, including curing, capping,P g and reporting Hold, cured but •90/each' 6.75 each not broken Unit density 5.50/each Cubes (2" x 2") 2.00/each Mix design 9.00/each I Development of theoretical mix design I 140.00/each I Trial batch, including 6 test cylinders and molds 220.00/each Cut specimen Absorption Unit density 12.00/each j Trimming 11.00/each Break, including curing, capping and reporting 11.00/each 15.00 /ca ch r. Beam testing ' Flexural strength, including net area detormination 25.00/each Molding equipment d S.50/each SHIVE•HATTERYS ASSOCIATES /0%? 1 / MICROFILEIE "JORM MCEDAR RAPIDS r u S Schedule of General, Field and Laboratory Fees January 1, 1952 Page Six Asphalt - Extraction (centrifugal method - additional) Extraction (centrifugal method - 17.00 additional) with gradation Marshall density (3 specimens), mix provided Cut specimen Unit density If more than 3 specimens Roofing sample, quantitative - new roof Roofing sample, quantitative - existing roof Aggregates - Bulk specific gravity (SSD) Absorption Dry rodded unit weight CONSTRUCTION OBSERVATION AND CONSULTATION $ 65.00/each 90.00/each 40.00/each 11.00/each 8.00/each 215.00/each 275.00/each 31.00/each 24.00/each 22.00/each Caissons, piling, concrete, asphalt or earthwork observation and field testing will be charged utilizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outlined above. Additional or special testing rates will be quoted on request. df SHIVE•HATTERY 6 ASSOCIATES MICROFILMED BY I I CORM MICR�CAE1- 1 r� CEDAR RAPIDS DES MOIYES °� y r•. r I I RESOLUTION NO. 82-152 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WHEREAS, Barker's Inc. of Iowa City, Iowa, has submitted the best bid of 501,853.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Barker's Inc. of Iowa City, Iowa , subject to the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Lynch and seconded by McDonald that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: j• x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret 1 Passed and approved this 22nd day of June 1982 . i MAYOR ATTEST: CITY CLERK ' � Reeelvecl R Approved By The Legal DUPArtmont wIB 10�9 141CROFILMED BY � t "JORM MICR(SL AB ' CEDAR RAPIDS DES I401NES i S RESOLUTION NO. 82-153 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SOUTHGATE DEVELOPMENT, CO., INC.; BRAVERMAN DEVELOPMENT, INC.; MAD CREEK DEVELOPMENT CORPORATION; AND FIRST NATIONAL BANK OF MUSCATINE. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the above named corporations a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement to deal with the construction and maintenance of a storm water management facility which will satisfy storm water detention requirements for properties owned by the above named corporations NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the above named corporations 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Erdahl and seconded by McDonald that i the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald 1 x Neuhauser _x Perret Passed and approved this 22nd day of June 1982 e Ali{ �u.G a L wn� MAYOR ATTEST: CITY -CLERK Rc:n!ved & Approved By The Legal Department � X82 16 80 MICROFILMED BY P I I JORM MIC Rd•LAB � 1 � CEDAR RAPIDS DES I4014C5 r r NORTH BRANCH DETENTION STRUCTURE (PHASE I), RALSTON CREEK STORM WATER MANAGEMENT PROJECT NOTICE TO BIDDERS Sealed proposals will be received by the City Clerk of the City of Iowa City at the Civic Center at 410 E. Washington Street in Iowa City, Iowa until 10:00 A.M. on June 15, 1982, for work associated with the construction of an earth embankment storm water detention structure on the North Branch of Ralston Creek. At 10:00 A.M. on June 15, 1982, a representative of the City will open the proposals received and announce the results. The extent of work to be done is as follows: construct an earth embankment containing approximately 56,000 cubic yards of fill. Work includes four corrugated metal culvert pipes, a 24" x 300' long ductile iron pipe, 1,550' of 21" RCP sanitary sewer, approximately 16,000 square feet of gabion slope protection and miscellaneous associated work. All work is to be done in strict compliance with plans and specifications prepared by Stanley consultants, Inc., Consulting Engineer of Muscatine, Iowa. Said plans and specifications are on file for public examination at the offices of the Engineer in Muscatine and the City Clerk in Iowa City. Prospective bidders may obtain plans and specifications from Stanley Consultants, Inc., Muscatine, Iowa, upon payment of $25,00 per set. A refund paid up to a maximum amount of $25.00 will be made to bona fide bidders, for the base set only, who submit a complete proposal in their own name to the City, provided the plans and specifications are returned with the proposal. Each proposal shall be made on a form contained it the specifications and must be accompanied by ar acceptable bidder's bond or a check drawn on and certified to by a bank in Iowa, and filed in a sealed envelope sparate from the one containing the Proposal, and in an amount not less than five percent of the amount of the proposal, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be enforced or cashed by the City as liquidated damages in the event the successful bidder fails to enter into a contract and file an acceptable bond satisfactory to the City assuring the faithful fulfillment of the Contract and MICROFILMED BY i "JORM MIC ROLAB- i CEDAR RAPIDS DES MO19C5 1 J maintenance of said improvements as required by law within ten days after the acceptance of his proposal. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent of the Contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and the maintenance of said improvements in good repair for not less than one year from the time of acceptance of the improvements by the City. The City reserves the right to reject any and all bids, and to waive informalities and technicalities and to enter into such contract as it shall deem for the best interest of said City. Abbie Stolfus, cityjUlerk I I i i • 1079 b ` IdICROE ILIdED flY J JORM-MICR6LAE3 ' CEDAR RAPIDS DES MOINES 7 -. �QY�iYwL�ir�rl..�`-..rr�_..��. •"1Y�1y }TwYiLy 1 ; "1 STORM WATER MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into by and between SOUTHGATE DEVELOPMENT COMPANY, INC., hereinafter called "Southgate"; BRAVERMAN DEVELOPMENT, INC., hereinafter called "Braverman"; MAD CREEK DEVELOPMENT CORPORATION, hereinafter called "Mad Creek"; FIRST NATIONAL BANK OF MUSCATINE, hereinafter called "Bank" and the CITY OF IOWA CITY, IOWA, hereinafter called "City". WITNESSETH: WHEREAS, Southgate is the owner of the real estate described in the attached Exhibit "A"; Braverman is the owner of the real estate described in the attached Exhibit "B" and Mad Creek and Kitzbuhel Corp, are the owners of the real estate described in the attached Exhibit "C", and i WHEREAS, the parties hereto desire to provide for the construction and maintenance of a storm water management f facility to serve the real estate shown on the attached Exhibit "F", all in compliance with the Storm Water Manage- ment Ordinance enacted by the City. NOW, THEREFORE, in consideration of the premises and in further consideration of the mutual covenants hereinafter set forth, it is agreed as follows: i 1. Southgate has designed and will construct the storm water management facility in accordance with the plans and specifications attached hereto as Exhibit "D" which have i been approved by the City as being in compliance with the City's storm water management ordinance. ',t�, ' k:.':... u:�wrrlw.F.w.�.::.eli4.s;m�:iiiw,c�l•�w.«axww..,ta..+..•.....,.............p �.,::L.'ui..1i�iri.+wi.+•:,•:wrH...n�Ti�.;�:uliw:ia.'T�a4: i f r f MICROFILMED BY - _. 1 ""JCR M -MIC RbLAB- CEDAR RAPIDS DES MOINES I f - 2 - 2. The initial costs of design, engineering and construction of such facility including landscaping in the immediate area of the facility so constructed shall be shared by Southgate and Braverman with Southgate being responsible for 30% of said costs and Braverman being responsible for 70% of said costs. 3. In the event construction of the Storm Water Management Facility contemplated herein has not been completed at such time as an application for a building Permit with respect to a project to be located on the real estate described in either Exhibit "C" or the areas shown on Exhibit "F" as Regency Gardens Subdivision Parts I, II, III, and IV, and Regency Gardens "unplatted" and in the further event that such building permit- application is denied for the sole reason that said storm water management facility has not been completed and approved by the City, then and in those events Southgate and Braverman will at the request of Mad Creek, escrow or cause to be placed under the control of the City the sum of $285.00 for each unit for which a building permit has been requested, except- Regency Gardens Parts I, II, III and IV, which shall require $500.00 for each unit, in order that such permits will be issued by the City. Provided, however, that the obligation of Southgate to escrow funds under this paragraph shall not be enforceable by Mad Creek until all easements required in paragraphs 4 and 6 hereof have been granted by Mad Creek. 4. Prior to the commencement of construction of the Storm Water Management facility contemplated herein, Mad Creek will grant to Southgate and Braverman permanent easements 1 14I CAOF ILIdED BY � JO RM MICR#LAB CEDAR RANI DS DES MOINES J r :Nr.IL��.wrrr M�y�.�L.r.. r.n..n .1w�•.n T�.1041!'T'^IG w-. . W.�• +.r.n e�I� ..1•.• .vim �.Y� ..1M. vff-InI:IM1 M.{.�'..v�in�11!r^YYv�wr.i4tityWlMr'HH/4 1 - 3 - granting to Southgate and Braverman an easement to permit construction of said facility as specified in plans and specifications approved by the City and granting to Southgate and Braverman an easement to permit reconstruction, repair and maintenance of the facility as construed. The easement granted to Southgate and Braverman shall cover an area twenty-five feet in width around the perimeter of the normal pool and outward therefrom and also over and across the ditch check and the channel across the gas easement which are a part of the facility. Mad Creek in addition to granting the easements described herein, will also cause the holder of any encumbrance on the real estate covered by said easements, to subordinate said encumbrance to said easements prior to the commencement of construction. S. The City of Iowa City will require an access easement to the control structure and ditch check which are a part of the storm water management facility as well as easements over the real estate between the normal pool elevation and the maximum storm water storage area as defined by HUD 100 year study. Southgate, Braverman and Mad Creek agree to grant to the City such easements as may be required over and across their respective properties in a form approved by the City. 6. At such time as the construction of upper pond located on the real estate described in Exhibit "C" has been completed and approved by the City, Mad Creek will convey to Braverman that real estate described in the attached Exhibit "E". 7. Southgate agrees that it or its successors in interest shall be responsible for the continuing repair, replacement and maintenance of the storm water management facility from and after the completion of construction of MICROFILMED BY "-JORM-MICR46LA6-- 1 CEDAR RAPIDS • DES MOINES f � ro8V 1 J� r 4 - 4 - said facility and the approval of such construction by the City. The obligation of Southgate pursuant to this paragraph with respect to that portion of the upper pond lying North of the creek channel on Lot 6, Aspen Lake Subdivision, shall automatically become the obligation of Mad Creek, its successors and assigns if Mad Creek encroaches on the ease- ment described in paragraph 4 hereof in connection with the grading or landscaping for the development of the area described in Exhibit "C". It is expressly understood, however, that no such enroachment shall be permitted within said easement area without the express written approval of the City. The obligation of Southgate and Mad Creek under this paragraph shall be construed as a covenant running with the title to the real estate described in Exhibit "C" i and Lot 1, Walden Sqaure. 8. Braverman and Southgate agree to indemnify and hold Mad Creek harmless from any and all claims arising M out of the initial construction of that portion of the storm water management facility located on the real estate described on Exhibit "C" except to the extent that such liability arises out of negligence on the part of Mad Creek. 9. The Bank is joining in the execution of this agree - mens for the sole purpose of evidencing its agreement to r release the areas described in Exhibit "E" as well as the easement areas generally described in paragraph 4 hereof, from the lien of the mortgage held by the Bank. AIR f 141CRDEILMED BY +I I_ -"JORM MICRO LAB - ) 1 CEDAR RAPIDS • DES 14018ES ' !� r E'♦ ..� -__ f Tr ..w .r �r��rY�. .�F -.r •.. �/ .... n. .. .. .} ✓ :�1�Mntfa•• i=1.lN�r/nr ry a.. Y. �Nu Iw yj •yynar!I�iiii�W,• — 1.0. The City is joining in the execution of this agree- ment for the purpose of evidencing its approval of the plans and specifications attached as Exhibit "D" as being in compliance with the City's storm water management ordinance as it applies to the total area shown on Exhibit "P". The City also agrees that the Upper. Pond shown on the plans and specifications attached as Exhibit "D" shall, when constructed and approved by the City, satisfy the requirements of the storm water management ordinance with respect to the areas shown on the attached Exhibit "f" as Walden Wood, Aspen Lake Subdivision and Regency Gardens Parts I, II, III, and IV, Quik Trip and Regency Gardens "unplatted". The City further agrees that the Lower Pond shown on the plans and specifications attached as Exhibit "D" shall, when constructed and approved by the City, satisfy the requirements of the Storm Water Management Ordinance with respect to the remainder of the area shown on Exhibit "r". This agreement shall not, however, i be construed as requiring the City to approve any subdivision plats or development plans which may be submitted by the parties to this agreement for any particular area shown on Exhibit "P" unless such plats and/or plans comply with all i other applicable subdivision and zoning ordinance provisions. 1GA E DEVE MENT COMPANY, INC. By Myl s, Brav/�rman.;President i MICROFILMED BY 1 DORM MIC R�LAI .1 CEDAR RAPIDS DES MOIRES I J�I r .i:%i.....•.+...+-r..:.;._.;.rv+.:w.r...'iry�s:ri+r,�Ki••I+. r:w.Y�rni .i���.«.ntr �`J b.i �. �..•.hr+h.nNwi:tiT+�b^r.6+:.in�rY+•m•:Mnn.+n�im�•«lr 0 - 6 - MAD CREEK DEVELOPMENT CORPORATION By_ FIRST NATIONAL BANK OF MUSCATINE BY _ .i. � I % c..h"Z By CITY ..Offf�dAFpAAI014A CITY, IOWA BY BY STATE OF IOWA ) ss: JOHNSON COUNTY ) On this , Zy� day of 1982, before me, the undersigned, a Notary Public in and for the State of i Iowa, personally appeared Myles N. Braverman and Richard D. Braverman to me personally known, who, being by me duly sworn, did say that they are the President and Secretary , respectively, of said corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Myles N. Braverman j and Richard D. Braverman as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Pu is �.n an or sai. County and S to Reeotve i R ApproveA By The LerJai Department �t7 510, MICROFILM BY " -- ""DORM -MIC RISL AB' �..� CEDAR AA{'105 •DES t4014E5 � J r 1 •�i.�Y��h'� .. �.. .. +,rrw•1•f'•��i��ti..rM y1.u. �:.-„r:1 n�i=�i..u.,f""ti�Y.T� "� 11.Y nY rri.iYT'�%;YI(1^�/'�f`nNM Y,ft�1M^+W,N•.M•4+Yr•M•N 7 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this �`ty' day of '/L eZ 1982, before me, the undersigned, a Notary Publi in and for the State of Iowa, personally appeared Myles N. Braverman to me per!Loenally known, who, being by me duly sworn, did say that tl6Y'-He the President and Secretary , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Myles N. Bravermaq,,. as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by Mem voluntarily executed. Mem Notary Public in an I r said County and St to �S ATE OF IOWA ) ZrtOQ.efii e� ) s s : J9i N COUNTY ) On this day of 1982, before me the undersigned, a Notar ublic in aid for e State of low "rypnal ly appeared 9 ��� C ��� and ✓2uc.c�� to me personally } of who, b. ng b -me.dul sworn, did say that they are andL� respectively, of said corporation executing the within and foregoing instrument to which this is attached, that no seal has been procured by the said corporation; that said instrument was signed on behalf of j said corporation by.aq�thority. of its oard of rectots; and that the said��ll� ���� andv � o«<c�� as such officers acl` nowledped t e execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary I is in ana for —Sai County and State JUFREEPS MY COgMMISDIEL SION E%P! /o8n i I4ICROFILMED BY 1. JORM MICR46LA13 I 1 I CEDAR RAPIDS DES MOINES ! I r -�.'/iM•�ew�.hw,^r M'rM.�^ww.i-n.M'f"."9Y�"rt1R'^n'1Nr,f•I:+rr.:.�i�t/wvTN-...r: tli�..�^.r�rt�itt f -r •r •�•y.�•tn .Y /+r •.e. �n�ni.+4`r!/�Mr l�/imM�lw'itArMMNN�'t+/ STATE OF IOWA ss: JOHNSON COUNTY On this 2&j day ofu,u— , 1982, before me, the undersigned, a Notary Pu tic in and for the State of, Iowa, p�,r sonally appeared AILl ,C._ I' Uk and qty MUjv to me personally known, whobeing bme dur y sworn, did say that they are the and 5¢.c:ur�; respectively, of said corporation executing the ithin and foregoing instrument to which this is attached, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said _8j-IXLr_,_ &V1 and : Ll n•�1',*fr•R!Yw�1'J�.'�f:91"".r^^�" M.. M'IS'ir'•itfl/`Nl1!�!iY'1•3.��ti F'rM1f M�"n 4.hr"4i!•!/� -k• lkiil::% �NMYIOtiii T'Ma(R�Mr'!'�'fN��.rfMti�l✓C!IM!/Ivllq/j{il+!!•MM��U%�YY.iN�f EXHIBIT "A" Walden Square, an Addition to Iowa City, Iowa, according to the recorded plat thereof, recorded in Plat Book 21, page 65, in the Plat Records of the Johnson County Recorder. /ogp MICROFILMED BY �. 1-JORM MICR6LAO .l CEDAR RAPIDS DES MOVES f e�ii:.:amieieai•:eMMrsr�.we+s�v'i'Y.i�5T1Vme1!T"Helii!"p:r-:.4.=:«IlS:+ia»v'n1�.wtlenw+r>!b!ieM^h" 1 EHXIBIT "B" The Northwest Quarter of the Southwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M., together with any easements and servient, estates appurtenant thereto and subject to easements and restrictions of record. k i i ffk i A i w , k I I ill 1 IIICROFuwED BY I 1 _ JORM "MICRdLAO � - -i r J CEDAR RAPIDS • DES MOINES I ! IL - _ _�,- nl^e.�in.•a:i�ew,rrie�.inn•Ira�infs'riiN.iiile'^iiaa*.ilif+lrf�i.^i4M1w�f �i�e*rsrn<Sr�dc�!*�4�ktint+�ir`W�M1�*y,��%�.,trSN+�r•:sM.d.�ee»zs4+tv1ce4»x«��;;drhr::.�. i EXHIBIT "C" Aspen Lake Subdivision, an Addition to Iowa City, Iowa, according to the recorded plat thereof, recorded in Plat Book 21 , page 82 , in the Plat Records of the Johnson County Recorder. i MICROFIL14ED BY ""JORM- MICROLAB _ _...� CEDAR RAPIDS DES'MOI NES Ii lop J� Er W. LGSZ. I1 --19-(n EXHIESIT F- " 90LAH IHVESTMEHr LTB. 19LZ0'.(c'35.y�1 zEGeHGY'•'I b Cuw-0F1+5 'vl n �MetzK. IV APr6. Ib UN�A71EDq p 6OUTHGATE ' bEVEtopMENT • GOMFJ4iY� IHL. ' C IfA TO•• •'S3oa'• • ,�L57b'• ln84_a] rtiw DNGIOPM2rlf' m .•• i � •:r K-IrLeuHEl. I'••: 'I•I ..':': •`•: 1 WA4OGM SqL, GoacbaoalaH I•,'• • I \ .Pey�1.{�,; :' $ Lor 1 cy� rw? '•'• rsoa.rr '•• ses_..s•t • , 35 .I,f �rSW Gori NW -4 ri--19•� 1X79,18' 6Rd.VERMAIy ,IO N O I7EVEl.OPhlGlir / j3Vd ; c IMG. 1 PROFl��L•O �• I WALM4-1 WOOD. 1 • • �Bo\vi51oH . , 1,2 .7Z• _ _'.• ' -- 33.90 IZo14MeT R A4, 141CROFIL14ED By JORM-MICRbLAB 1 j CEDAR RAPIDS • DES MOINES 1 1 i . L , 1 rC Goli 6wGHw'L {Lw Il-7�•1. 'MON LT •ow Apes 13YFIV •UPPL•i�' FbHO• ��nsrlw BY •LOWCd rt v* /b $ a 1 r RESOLUTION NO. 82-154 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST TO A LEASE BETWEEN THE CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON ST., IOWA CITY, IA WHEREAS, the City of Iowa City has negotiated a lease with Washington Park, Inc., for the rental of the Davis Building, and WHEREAS, the City Council deems it in the public interest to lease for the Housing Assistance Program a portion of the Davis Building, 322 E. Washington Street, Iowa City, Iowa, for the purpose of office space from July 1, 1982, through June 30, 1985, at a rate of FY83 $6,000, FY84 $6,480, FY85 $6,960. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor is hereby authorized to sign and the City Clerk to attest the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease to any citizen who requests it. It was moved by McDonald and seconded by Erdahl an the Resolution be adopted, d upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl K Lynch X McDonald x Neuhauser x Perret Passed and approved this 22nd day of June 1982. C� MAYOR ATTEST: CITY CLERK 1 Received & Approved By n,��ypl z i MICROFILMED BY -DORM MIC RbLAB-- � CEDAR RAPIDS • DES MOINES a ADDENDUM ADDENDUM TO LEASE OF SUITE, IST FLOOR CENTER, DAVIS BUILDING, 332 E. WASHINGTON STREET, CONSISTING OF 1083 SO. FT. MORE OR LESS (23 SOUTH GILBERT)• SAID LEASE IS BY AND BM EEN 1IMSHINGTON PAR(, INC. AND THE CITY OF IUA CITY FOR A THREE YEAR TERM, BEGINNING JULY 1, 1982. RE: SECTION 6(A) TENANT TAKES SAID PREMISES IN THEIR PRESENT CONDITION EXCEPT FOR SUCH REPAIRS AND ALTERATIONS AS MAY BE EXPRESSLY HEREIN PRO- VIDED: 1) RAMP TO BE INSTALLED AT ENTRY TO BUILDING TO PERMIT ACCESS BY PERSONS IN A WHEELCHAIR TO THIS SUITE OF OFFICES. 2) PAINTING OF PREMISES AS DEEMED NECESSARY BY TENANT. 3) CHANGE SOILED CEILING TILE. 4) SHAMPOO OR REPLACE STAINED CARPETING. 5) INSTALL WINDOWS IN SOUTHEAST CORNER ROOM. 6) INSTALL CLEAR GLASS IN ALL WINDOWS AND PROVIDE SCREEN/STORM WINDOWS. THE PARTIES AGREE THAT THE LANDLORD SHALL COMPLETE THE ABOVE DESCRIBED REPAIRS AND ALTERATIONS BY THE DATE OF POSSESSION, JULY 1, 1982. MICROFILI4EO BY "JORM"--MICR6LAB _ CEDAR RAPIDS DES MOINES IL 1 Er IOWA STATE BAR ASSOCIATION — FOR THE LEGAL EFFECT OF THE USE Official Farm No. 30 la•.a.e.•...el•s• •I. a lu... "•,I OF THIS FORM, CONSULT YOUR LAWYER LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, :,,ado and untured into this day of 19—, by and between Washington Park. Inc. (hereinafter called the "Landlord") whose address for the purpose of this lease is 834 N. Jo son Tnwa City (Amd .fist U.mdmr) (City) Iowa 52240 and the C..V of Iowa r.ity Istat.) (Zip Code) (hereinafter celled the "Tenant") whose address for the purpose of this lease Is 410 F. Washington Street, Tnwa rity litreet asst ❑mnheq (Cin) Iowa 52240 WITNESSETH THAT: (Sbta) (Zip Coda) I. PREMISES AND TERM. The Landlord, in aonddmaGen cf the ,-r.ts ho,. 6. rotorved ,.fid of the agraomonis and conditions hero• in contained, on the part of the Tonent to be kept and performed, lees.• unto the Tenant and Tenant hereby rents and leases from Land• lord, according to the farms and provisions herein, the following described not estate, situated in Johnson County, Iowa, to wit: Suite, 1st Floor Center, Davis Building, 322 E. Washington Street, Iowa City, Iowa, consisting of 1,083 sq. ft. more or less (23 South Gilbert). with the improvements thereon and all dgh!s, easements and appurtan.ncos thereto L•elonging. which, more particularly, includes the space and prmn:ses as may be shown on "Exhibit A", if and m may be of lathed Isaeta, for a it rm of three yea", commencing at mid• eight of the day previous to the first day of the loose term, which shall be on the l st day of ,1111y 19 �2 and ending pats mldelghf on the last day of the lease form, which shall be on the 30th day of ,t11np 11 t5 upon the conditian that the Tenant pays rant therefor, and otherwise performs as in this lease provided. After July 1, 1983, tenant may terminate this contract by providing written Notice to the Landlord at least six (6) months prior to the date of termination. In th event of s ch termin2. ation, y advanr1ce r nt paid and covering the peri d beonM the date o ternlinatton�ev sha��, 4e retLtndede tg,xhe tenant on a pro -rata Basis. Widiamembel Tenant shall spay: In advance, as follows: July 1, 1982 - $ 6,000.00 July 1, 1983 = $6,480.00 July 1, 1984 = $6,960.00 All sums shall be paid of the address of Landlord, as above designated, or at such ofl•er place in Iowa, or elsewhere, as the Landlord may, from time to time. previously designate in writing. Delinquent payments shall draw interest of 9 "o par annum from the dun data, until paid. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the form of this lease, and shall yield possession to the Landlord at the time and date of the close of this lease form, escapt as heroin otherwise expressly provided. Shoald Landlord be ee• able to glee postesslon an sold date, Tenant's only damages shall be a rebuffing of the pro rate rental. 4. USE OF PREMISES. Tenant covenants and a seas during Iha term of this lease to use end to occupy the leased premises only for Business Offices, l�ssisted Housing Division. City of Iowa City. Iowa For restrictions on such use, tae paragraphs 6 (c), 6 (d) and II Ib) below. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said promises is fpp simple and tines the Tenant on paying the real herein reserved and parform:nq all the agreements by the Tenant to be performed as provided in this lease, shall and may poaceably have, hold and enjoy the domisod promises for the form of this lease free from molestalion, eviction or disturbance by the Landlord or any other parsons or legal anlify whatsoever. (But see paragraph 14, below,) Landlord, shall have the right to mortgage all of Its right, title, interest in said promises at any limo without notice, subject to this loose. 6. CARE AND MAINTENANCE OF PREMISES, la) Tenant takes sold premises In their present condition except for such repaln and alterations as may be expressly herein provided. See addendum attached and by this reference made a part hereof. sully iron b•r n,r w, 1 I... stn.�.I Il,..ou..:r LEASLET' USINESS PROPIE ni .ni, ,.Ilnwl I.••,Iwlw, 1..0.1. e.n TM I... ".I, .. u 1.1, 71I',.nrinr \Ii,ll,, IYMII 1 Y 14ICROf ILMED BY JORM MICR I I ,J j OLAB- CEDAR RAPIDS DES MOVIES i � I lb) LANDLORD'S DUTY OF CAR"ND MAINTENANCE. Landlord will loop the tool, +Irvclural port of the floor, wall+ and other $true - lural parts of the building in goad m, in compliance with City Cod' id State Fire Code. (c) TENANT'S DUTY OF CARE AND MAINTENANCE, sunnal shall, after piling possoouen of said premises and until the termination of this lees. and the .duel ruminal from the pusmisos, at its own expense, caro for and maintain said promisos in a reasonably safe and tervice• able condition, except for structural parts of the building. Tenant will furnish its own interior and exterior decorating. Tenant will not permit or allow said promisos to be damaged or daprocialoJ in value by any act or nogRqunco of the Tonent, its agents or employees. Without limiting the gonerelity of the foregoing, . solKsl*eseefewrkheseP: and Tenant agrees to keep feucels c!osarl so as to nmvoct waste of wafer Ard flooding of promises; to promptly fake care of any leakage or stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent simusing of pipes. If and only if the other farms of this loose fie responsibility for hooting upon the Tenant. Tenant at its own expense may install floor eever- slookesse ing and will maintain such floor covering in gooJ cand0lon. Tenant will be responsible for IIII�Yie mainlalnlnq Oho parking area, driveways and sidewalks on and a Ing the loosed premises. If fhe leased promises Include Iho ground Boor, and If Iho a4her terms of this loose Include premises so described. Tenant shall make no structural oNercri oas or Improvements without the written appruval of the Landlord first had and obtained, of the plans and specifications therefor. (d) Tenant will make no unlawful use of said promises and agrees to comply with allvalid regulations of the Board of Health, City Ordi- nances or applicable municipality, the laws of the state of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the forms of this lame is leasing premises on the ground floor, it will not allow trash of any Had to accumulate on said premises in the halls, if any, or the alley or yard in front, side or rear thereof - and it will remove same from the premises et its awn expanse. Tenant also Agrees 10 remove snow and ice and other obstacles from the sidewalk on or abutling the promises, if premises include the ground Boor, and if this loose may be fairly construed to impose such liability on Ilia Tenant. 7. (a) UTILITIES AND SERVICES. Toannb during the farm of this lease, :hall pay, before do0nquency, all charger for ate of tete phone, I ease ininAmmo6m. electricity, power and trash disposal. Landlord shall furnish heat, hot and cold water and public restroollls. (b) AIR CONDITIONING equipment shall be furn;slmd at the expense of Landlord and maintenance thereof of (Landlord o, Tonanll Ilm expense of landlnrri tenant to provide electricity. (Landlord or Tonanl) (c) JANITOR SERVICE shall ba fumisisod At the expo^m of — Tenant (Landlord or Tenant) (d) HEATING shall bo furnished at ilia expense of Landlord (Landlord or Tenant) 8. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tonanl agrees that upon the termination of this loose. O will surrender, yield up and do!nur Ilan lussad p:c-ndsos in good And,loan condition, except the affects of ordinary weer and toe, and dupmciation arising from lapse of lima, or damnga wilhsut fault or liability of Tenant. [Sae also I Ifal and II(a) belowl (b) Tenant may, at }ha expiration of the tern) of Ihk Inas., or renewal or renewals thereof or at a reasonable lime thereafter, if Tenant is not in dofault hemunde,. .move any fixtures w equ;rmonl which said Tenant has installed in the loosed premises, providing said Tenant repairs any and all damages caused by removal. (e) HOLDING OVER. Coni;nuod possossion, beyond the expiratory data of the form of this lease, by the Tenant, coupled with the ,ocaipl of the specified rental by the Landlord (end absent a written egrooment by both parties for en ax ension of this lease, or for a now lesso) shall constitute a month In monlh cdonsion of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, with. out the Landlord's written permission shall, at this option of the landlord, make the rental for the balance of the loose farm due and payable at once. Such wrillon permission shall not be unrossonably withheld. 10. la) ALL REAL ESTATE TA%ES, except as may bo ottwrw4a expressly provided in this paragraph 10, levied or assossed by law. ful A•alnority lbut reasonably pre:rrving I dlnrd'1 lights of appeal) ngeinst said real property Itself be timely paid by The parties in ton following proportions: by LaodimJ _1D0____;o: by Tenant Ibl Inerouse in such t -as. or•pt as in Ihn ned psragmph prcArlod, above the amount paid during the base year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, 100 %1 by Tenant %. (c) Incroase in such Teles caused by Improvements of Tenant shell be paid by Landlord I nn %: by Tenant e/. (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all Inlet, assessments or other public charges levied nr assessed by lawful authority lbul reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this tensa. (e) SPECIAL ASSESSMENTS. Spacial es:oa,vunit s1.4 be timely paid by the parties in the following proportions: by the Landlord __1D0_%; by the Tenant %. 11. INSURANCE. (n) Landlord end Tunnel will earth leap its rmpecti.o prnpurty ;meads in the premises and its liability in regard therota, and the personal properly en the prmnbo, a,sv-rnbly insured ageicst hnrmds and casualties; that is, fire and those items usually cov orad by intended coverage: and Tenant will procure and de!ivor to the Landlord a cortiNcation from the mspedive insurance companies to thst .(tod. Such insurance shall be madn r+ynblc to Ilia pvtim hutolo at their intemth may appear, except that the Tenant', share of such insurance proceeds era hereby assignod mild mado payable to Ilia Landlord to secure rant or other obligations than due and owing Landlord by Tonent. (See also I I (m) below) (Ill Tenant will not do or omit the doing of any act which would vitiate any insu,awu, nr increase the insurance rates in force upon the tent estate improvements on the premie•. or anon any pwscnel properly of Iho Tenant upon which the Landlord by law or by the farms of Ibis Loco, Ices or SLall have A lien, (c) Subrogation rights era not to be waived unless a special provision Is attached to this lease. (d) Tenant further agrees to comply with mc: mmAndalions of IO'NA Insurance Servico Bureau and to be liable for and to promptly pry, as if ,urneas rental, any i"o,,,, in ins .er,re t ons -:n ••.M p,unr n+ and on the building of which taid promises are n psrf, due to increased risks ar hn: ••ls rnarl!inq boy Tere•t's ,.. cl x',e crem ., c'Far.isn Ihen as herein canlempl+Ind and agreed. (n) INSURANCE PROCEEDS. I+nJit,J slue udtlu ui AJ;esl any claim Against nr y 'rsurence comrany Leder 111 sold policies of inw anc. for Ile Ilia^.'acs, nett , >.• Inco r'^airs Sh,a be paid la And bald by the La,,V rd to be used in payment for cost of rope;,, or restoration of damaged building, if 0 -, cslna!ion i> caly Imdie +Iso I1 (e), Ahave I i u I D I 1 141CROFILMED BY r JORM MICRfJL AB L CEDAR RAPIDS • DES 1401AES y I I I i a I, h 12. INDEMNITY AND LIABILITY INSURANCE, Eacupt as to Any nogi;gence of Ihu Landlord, arising out of roof and structural parts of the building, Tenant will protect, indemnify and saoo harmless Ihu Landlord from and against any and all loss, costs, damage and a,pensas accmluns,d by, or arising out of, any accident at other occurrence causing or inflicting injury and/or damage to any person ar properly, hmppun;ng or done, ;n, upon or About the lease:i prandset, or due dia•ctly or indirectly to the tenancy, use or occupancy thereof, or s any part (hereof by the Tenant or any person claiming through or under the Tunaol. Lha Tenant further covenants and egress that it AM at its own expense procure and maintain casually and liabil;ir insurance in a responsible company or companies outhodaed to do Lusiness in Ike State of Iowa, in amounts not lots than $100,000 for any one parson injured, and $SOCADD for any one accident, and with ilia limits of $25,000 for prop• erly damage, protecting the Landlord against such claim, damages. casts or expenses on account of Injury to any person at persons, fir to any prcperty belonging to any person or persons, by reason of tock casually, accident or other happening on or about ilia demised pruraws during the term thereof. Certificates at copies of said poh;c;us. naming filo Landlord, and providing for fifteen (15) 1 _ _ class' notice to fire Lard;crd before 4.411 be dclfvered r, the Lardtord within twenty (101 days from the data of ilia beginning of the form of this loose. As to insurance of the Landlord for roof and structural faults, ..c par.,y,plr Ills) above. Il. FIRE AND CASUALTY, PARTIAL DESTRUCTION OF PREMISES. lel In ilio wont of a partial destruction or damage of the leased pram;";. w:h;ch is a business interference. that is. which prevents ilio coodicting of a normal business operation and which damage is mosonabfy repairable .;thin silly (60) days Alter it: accurrorr;a, th;s lease !!all not torm;nA!o but the rent for the leased promises shell shote during the time of such business interference. In the event of partial destruction, Landlord %hall repair such damages wHhln 6D days of It% occurrence unless prevented from so doing by acts of God, the elements, the public enemy, str,i•.s, riots, ir,.:rrecflon, government aga!aliyns, till ordinances, labor, material or transportellen shortages, or other causes beyond Lord. 'aid's reasonable central. (bi ZONING. Should the :an;sq ord;aance cf the 61y at umrdt'.; ,;:t; ri d;:1, '.:,h pr.,pe,1y is located male it impossible for Landlord, ny d9:gur1 and timaly effort to obtain rveeunry ecrmlb, and to nroa6 i.,JA, -oL,.'d sex that Tenant ;s not able to conduct its 6usinest n :;,e.n I:, ,'lot Oen such partial desiructlon Oral! !:a treated As e P:: ,I dn'•.r,ron n, in Ire And pasegaph prov;dad. I i le) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased promises Including the Fork. Ing area (if it nailing area is a part of the subject matter of this lease) so that Tenart is not Able to conduct its business on the premises or r I1 tle vim current local use for which the promises ora being used and Lich dimagas cannot be ropairod within silly 1601 dell 1!,;s lease may be terminated at the option of either the Landlord or Tenant. Such lerm;nali,n in such event shall 6o effected by written notice of one party to the other, w;Ihin twenty 120) days after Ouch destruction. Tenant shell surrender possession within r ler (10) days after such notice issues, and each party shall be rol(i from all future obligations Irmounder. Tenant I' paying rental pro rete only to the dale of such destruction. In the even' (if sv h t... r;-a';, n of tIA lease, Landlord at ;is option, may rebuild r 1, "cc•,rdbq fo it, .it w;sho$ mrd needs. 14. CONDEMNATION. Lal DISPOSITION OF AWARDS. Should Ilia -.,Lulu or any part of ILo dumised promnm be condemned or 1Jan by A ccrnpctenl Authority for Any public ;r ga4ay;Lhllc esu cr purpose, each parr; shell Le entitled to retain, as its own properly. II ii . ,.aid payable to it. Or in the event flit! a single entire award a made cr..,c<a,.nt of Ilia condemnation, each party will then 6. an. fed to tails such proportion of said award at may be fair and reasonable. r !o) DATE OF LEASE TERMINATION. If the %hole of the dcmi:ed premises skull be :a u:ndenrned or talon, the Landlord shall not be I:Ab!o to the Tenant except and as its rights aro preserved as in paragraph 1414) above. 16. TERMINATION OF LEASE AND DEFAULTS OF TENANT. 1n) TERMINATION UPON EXPIRATION OR UPON NOTICE Of DEFAULTS. This ltmo shall terminate upon exp;naflon or the demised term; or if t!.s lease expressly and in writing provides for any option •.r phr;,s, Aid if an, such• option is e,er-.;sed by still Tenant, then Itis lasso will terminate At the e.pirafion of ilio option term or terms. Upc, dufoJt in pAyment of rental hnu;n at upon any other default by Tenant ;n ncccrd,mce with the terms and previsions of this lease, ,. lea:% may at Oho cplion of the Landlord be cancelled and forfeited, PRCVIDED. HOWEVER. before any such cancellation and for. ftllu•e e¢ept as provided in t51b) below, Landlord shall giro Tenant is written rNice specifying the default, or defaults, and stating that this least- will be cancelled and forfeited ton (10) days after the g;v;rq of such notice, unless such default. or defaults, are r•:n cd,:d wlrbin such gin cls paned. ISoo paragraph 22, below.) As an add; horsl optional precede to or As an at terns five to ilia foregoing ,.it u:: iter a.cicvve of the Other) Landlord may proceed as in para;raph 11, below, proy;dod. (of BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a benirupt or in the event of a judicial sale or cthe, transfer of Tenant's Ionschold ;nteroOt Ly reason by any bi lruplcy at insolvency proceedings or by other operation of law, but not by ds,Athand such baniruptey, judicial sale or transfer has net been vacated or set Aside within ton (101 days from the giving of notice thereof by Landlord to Tenant, then and in any such events. Landlord may, At ;is option, immediately terminate this lease, re-enter said promises, .;,in g4. ,nq of ten 110) days' written nor: cls try Landisrd r,: ienant. All to the ,,,tent permitted by eppfcah!a law. lc) In (a) And (b) above, waiver as to any default shall not wn:Kluse a w.a;vor of any sub!oquent default or defaults. (d) Acceptnnco of la;'ndvertu;nq and to renting by the Landlord upon ilia Tenant's default shall be construed only as an effort to m;li• gets, damagus by the Landlord, and not Its an agreement to terminate this loose. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the p, -t of, or compl:ancu ..illi, my of Ike bores, c•ner.tnk ar (ond;5ans of this lease, and such data all shall have continued for thirty l3s)) days afar written notice ILorucf imm one pArly to the other. Ilio parssn aggrieved, in addition to ell other remedies now or hereafter y provided by law, may, but need not, perform such term, covenant a condition, or male good such default and any amount advanced shall kr rapa;d (alhw;l4 to demand. N3.1fier with ;nterest at the rare of 7 —_% pm annum, from data of advance. 17. SIGNS, fill Tenant shall Lave Ike right And pr;v;le.Ta of Atlacl,;nq, afC.;ng, painting or c.h;L;ling signs on the leased promises, laudded only (1) that any and all signs shall comply %illi the md;nances of the dty or municipality in which she property is located and the Ines of 1!.e Stele of Iowa; (2) such signs shall not change ilia structure of the building: (3) such signs if and when talon down shall not damage ilia building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably 6lhhold. (b) Landlord during the last n;nely (90) days of 0A Iume. or cxtonQon, shall law ILo right to maintain in Ilia %;ndows or on the build. ;rg or on Iho promisol either or both a "For Rant" or "For Sale" sign and Tenant will permit, of such time, protpecf;vn tenants or buyers to enter and sannino Ilia premises. 16. MECHANIC'S LIENS. 140hur it. Tenant ran Anyone claiming Ly, through, or under Iho Tenant, shall have the right to file or place any mechanic's lien or other lion of any Und or character whatsom•er. upon said premisot or upon Any bu;lding or improvement there. Ora Or upon Ism laosehold interest of the Tenant theakr, and notice is hereby given that fro contractor, sub-eonincer, or anyone olio who may furnish any maln;al, service or labor for any bu;ld;n q, improvumnn l s. aIIera lion, repa;rs or any part 11, a roof. shell at any time be or become antilled to any Iron thuroon, and for Ilia further security of the Landlord. thus Tenant covenants and Agrees to give actual notice thereof it Adverse, to any and all contractors and sub-contraclors %fro may furnish or agree to furnish any such material, cervico or labor. 17. LANDLORD'S LIEN AND SECURITY INTEREST. (A) Said LnmflOal'11111 hn:n, in ndd;ticA In Ill,, Fan given by law, a srcur;ly inlan.:I as provided by the Uniform Commercial Code of a%a. upon all personal properly and all substitutions Iherefer, Iepl end used on slid premises by Tenant. Landlord may proceed at lav, or in equity w;th any comedy provided by law or by til;, Team for Ilia recovery of rent, or for termination of this lease became of Tenant's default in its performance. (b) SPOUSE. If spouts is not a Tenant, then the u,acu!;un of this ;mlrumont by Iho spouto shall be for Ilia late purpose of crpaf;ng a Oerunly interest on personal property and waiving rights of homestead, rights of d4fribuliva share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tcnanl shell have Ilia right. from final to time, during the term of ,h;s lane, or renewal thereof, to sell or otherwise dispose of any pars Dnal properly of the Tenant situated on the aid de iked promise,, .hon in Iho judgment of the Tenant it shall have become obsolete, uatwarn or unnecos.sary in connection with the operation of the business on said premises! provided, however, that ILo Tenant shall. in fuel, ;mlaAco (on est no subsl;luled article or ;torn is necatsary) of if, own wponsa, substitute for such ;lams of pmsond properly so sold or ot!.crw;se disposed of. a new or other ;Lem in substitution Ilmreof, in his or greater value and adopted to the affnod operation of Ilia Ludnmt upon the domisud promises. (b) Nolidnq )retain aenle;nod shall bn torr ln.ed A•. ilii ry;ng to T•,Aerr 11....;;;til to d;sp,t, of ire nr torted morrhandhn in 11A ordinary c none of the T,AAm's trade or business. m.n, .u..rra.,,.a,.w,.e. ,nr.r s..Dre. noe. ,A.. m, n.•eu., r111. • mr:n. ; u.. Ar—.a r...r ... (3i �,VIOQI 141CRoriL14ED BY 1 1. "JORM MICREILAB _a......) , J L CEDAR RAPIDS •DES MOIYCS , r / I i i r ' 21. RIGHTS CUMULATIVE. The- ,,;out rights. powers, options, dodiom and nwdb•. of m1har pert/, providod in this loam, shell bas construed as cumuladva and no ono vim as a. derive ,f the nth•'IS. •Ar uarldsivo ci an Ili, ramud;.s or pdoriliuS Allowed ,Yhor party by law. and shall in no way affect , mpair the right of ,Sher part/ to punuu .r,y •dlar able or legal moody to wLich oilh,r part/ may be untitled as long as any default remains in nay way unremodi,d. umalisCed cr undischarged. 22. NOTICES AND DEMANDS. Notices as provided for In this lease shall he given to the respocflve parties horeto of the respeeflve addresses designalnd on page one of thi: Icnse nolo,-. ui11•or party nnld;., the othee. m wri lion. ,d a ddtamnt address. Will, out prejudice to any other method of notifying a party in writinq or meling a dumsrd or olive, cornmwiica li,.n. su,-h nvrsaw- shall Ln or ;derod givan under the terms of this lease when sent, eddmued as Ib,..o dougneted, p,,fago pr,p,;d. by rogislumd A,r cemfiod moil, return receipt requeded, by ih, United State mail and so doposlled in a United St,las nerd Ln,. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS. ETC. Each snd every covoment and agreement herein eon. tamed shell estand to and be binding upon the respective successors, hoin, ndm:dslratnrs, mecuttin end assigns of the parties hereto; etcupt Thal if an, part of Ihis lease is Fold in joint (annnC the succanar in inlow,l :hall be fie s-.rvivinq joint Icaant. 24. CHANGES TO BE IN WRITING. Non, of the covenants. c,,,,dia .m of .I.'.A Inns, to hu 1 -mi or „formed by Landlord or Tenant shell be in any manner modified. waived or abandoned, axcupt by a written instrument duly signed by the parties .cod daGvo,od to the Landlord and Tinier. This lease contains the whole agreement of the parties. 25 RELEASE OF DOWER. Spouse of Landlord, nppaIr% as a party signatory to this loose solely for she purpose of releasing dower, or d-sidbutive share, unless sdid spouse is also a co-owner of an interest in the loosed promises. 26. CONSTRUCTION. Wards and phrases herein, including acknowledgment hereof, shall bo construed as in Ilio singular nr plural numbrr. and as masculine, feminine or nailer gender according to the contest. 27. IN WITNESS WHEREOF• the parties hereto have duly executed this loose in duplicate the day and year first above written. LANDLORD'S SPOUSE LANDLORD (See paragraph 25) TENANT'S SPOUSE INDIVIDUAL [See paragraph 19(b)3 �•r STATE OF ,.ray.r COUNTY OF SS. Mary C. Kuhauser. Mdoyer TENANT ^•^•• On this day of 19_, before me, the undersi ed, a Notary Publi in and for said County and orne•r e.. is State, personally appeared and to m, personally known to be the identical persons named in and who executed the within and forugning instrument, and rknowledgad that they esocuted the same is their voluntary act and dead. ISEAL) ...................... ._.._....... Notary Public in and for said County and State CORPORATION. STATE OF COUNTY OF SS, On this day of , A. D. 19_, before me. the undersigned a Notary Public in and for said County and Slate, personally appeared and wr to me personally Inown, who being by me duly sworn, did say that they are the ,w.rr and respectively, of said corporation executing the ,e -r, wilhkn and foregoing instrument, that Ino seal has boon procured by Ine said) corporation; that said instrument was signed lend tooled) on ^•as. (Tho seal affixed thereto is the seal of said) ^o �aris buhalf of said corporation by authority of its Board of Directors: and fiat the said and as such officers acinowlodq el Ilia amcution of said instrument to be the voluntary act and dead of said corperefirn by it and by them voluntarily executed. (SEAL) ............... ......... Notary Public in and for said County and State FIDUCIARY STATE OF COUNTY OF SS. On this day of A. D. 19 . before me. the undersigned, a Notary Public in and for said County in said State. personally appeared _ as Esoculor of the Estate of Deceased, to me, known to be the identical person named in and who araculod the foregoing instrument and e,:knowledged thal_he e•ecutad the same as the voluntary act and deed of himself and of such fiduciary. ISEALI ...... Notary Public in and for said County and State PARTNER STATE OF COUNTY OF �SS, On this day of A. D. 19_, befom me, the undersigned, a Notary Public in and for said County and State personally appeared and to me personally known, who, being by me duly sworn, did soy that he is lthey are) members) of the Partnership aseculing the within and forogoing Instrument and acknowledged that (he) (they) esaculed Ilia same as the voluntary act and deed of said co.pn(lnar(s) by lhlm) (them) and by told partnership voluntarily executed, 1 •_._...__._.._.._...._.._......_.._...._,.._�..�_.._. Notary Public in and for said County and State For acknowledgment as a corporate fiduciary sou obverse side of Court Officer Deed Rett31vt3c1 $ Approved (Official Form No. 1011. ph (4) BY rho Legal Department BZ /b8 I4I CROEILNED BY i JORM MICR�LAB LL ~ l CEDAR RAPIDS a DES td01YES / I 1 r i RESOLUTION NO. 82-155 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND HAWKEYE CAB COMPANY OF IOWA CITY FOR THE FY83 SEATS SUPPLEMENTAL TAXI SERVICE. WHEREAS, it is in the public interest to provide taxi service to Iowa City residents in order to supplement the Johnson County/Iowa City SEATS Program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding process, City planning staff and the Johnson County SEATS Agency have recommended the award of a contract to Hawkeye Cab Company of Iowa City for the FY83 SEATS Supplemental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this State may be exercised jointly with any other public agency of this State having such power,and WHEREAS, Iowa City, Johnson County and Hawkeye Cab Company have negotiated a 28E Agreement for the provision of supplemental taxi services for Iowa City residents and a copy of said contract is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That the contract for supplemental taxi service to the Johnson County SEATS Program is hereby awarded to Hawkeye Cab Company of Iowa City. 2. That the Mayor is authorized to sign and the City Clerk to attest the 28E contract between the City of Iowa City, Johnson County, and Hawkeye Cab Company of Iowa City for supplemental taxi service to the Johnson County SEATS Program. 3. That the City Clerk is directed to file the 28E agreement with the Secretary of State and record same with the Johnson County Recorder. /o g-�- MICROFIL14ED BY i I -JORM MOCR46LA13 L ) CEDAR RAPIDS • DES I401YES ; J i i r It was moved by Perret and seconded by were: McDonald the Resolution be adopted, and upon roll call there AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald x Neuhauser x Perret Passed and approved this 22nd day of June 1982. _A_ 4l �OI fA AIl��IL MAYDR ATTEST: CITY CLERK Received & Approved By The Wjal Department r'- 1 II! MICROFILMED BY I 1 -DORM-MICRbLA9 CEDAR RARIDS • DES MOINES /o 90- i r 1 HffiWJohnsonCc ,ty Council of Governw—its 410EMshingtonSt. bm0tybvva52240 rr oo Date: June 16, 1982 To: City Manager & City Council From: Jeff Davidson, Asst. Transportation Planner Re: SEATS Supplementary Taxi Service On June 14, bid proposals were received from City/Yellow Cab Company and Hawkeye Cab Company for the FY83 SEATS supplemental taxi service. This is the service operated by the City of Iowa City as a supplement to SEATS elderly and handicapped transportation service. Any trip SEATS cannot serve is eligible for the taxi program. You will recall that funding for the service has been increased from $4,000 to $6,000 in FY83, and will operate 24 hours a day. State funding is available for the entire project cost based on an increase in ridership above FY82 levels. References, equipment rosters and Civil Rights documentation are in order for both companies. This leaves price as the remaining factor. i i Bid prices received were as follows: i City/Yellow Cab - $1.70 for first mile; $ .55 each additional half mile Hawkeye Cab - $1.50 for first mile; $ .50 and $ .55 for each alternating additional half mile Based on this information, a consensus was reached with the Transportation Planning staff, the Acting Iowa City Transit Manager, and the SEATS Manager to recommend awarding the contract to Hawkeye Cab. This will result in a decrease in price since City/Yellow Cab i is currently operating the service at $1.70 for the first mile and $ .55 for each additional half mile. Should the City Council disagree with our recommendation, our second choice would be to award the contract to City/Yellow Cab Company. Included in the June 22 Council meeting packet is a resolution authorizing award of the contract to Hawkeye Cab. ! i Please let me know if you have any questions. cc: Steve Kaiser John Lundell Mike Prior Don Schmeiser bc2/ 5 141CROFILMED BY 1--JORM-MICR46LAB I I CEDAR RAPIDS • DES MOINES !� I ' /! LL MARY JANE OOELL SECRETARY OF STATE JIM,, A"O btatC of .'101Ua 6ecretarp of 6tate ;105 S}1011105 July 13, 1982 STATE CAPITOL SUILONG DES MOINES, IA 50119 515291W" Abbie Stolfus, CMC City Clerk 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreements between City of Iowa City and Hawkeye Cab Company for Joint Exercising of Governmental Powers Dear Ms. Stolfus: We have received the above described agreements, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1981 Code of Iowa. You may consider the same filed as of July 9, 1982. Cordially, C� bt MJO/d ate MICROFILMED BY I "JORM MIC R#LAEI- CEDAR RAPIDS • DES MOIMES J' 1 1 28E AGREEMENT This 28E agreement is made and entered into on the day of 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City," Johnson County, and Hawkeye Cab Company. I. SCOPE OF SERVICES Hawkeye Cab Co. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. II. GENERAL TERMS 1. The origin and/or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service shall be the metropolitan area of Johnson County within the corporate limits of Iowa City, Coralville, and University S Heights. 2. The provision of transportation by Hawkeye Cab Co. under this 1 agreement shall be administered by Johnson County SEATS. l Elderly and handicapped residents of Iowa City shall call the SEATS dispatcher to. request transportation. The SEATS I dispatcher shall determine if the ride is eligible for the subsidized taxi service and will inform the Hawkeye Cab Co. dispatcher of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this program, an elderly person is defined as any individual over 60 years of age; a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental impairments which seriously limits his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or t MICRUILMED BY I� -JORM-MICRALA13 ' CEDAR RAPIDS DCS MOINES � 1 i IL � � I 1 2 companion accompanying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from Hawkeye Cab Co.: (1) Medical (i.e. doctor, dentist, drugstore); trips that cannot be easily scheduled twenty-four hours in advance. (2) Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips, and employment -- including regularly scheduled trips to and from a work site. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. III. COMPENSATION 1. Each eligible participant shall pay Hawkeye Cab Co. a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by Hawkeye Cab Co.; in this situation, the City shall subsidize the entire cost of the trip. The determination of the total trip cost shall be calculated from the rate submitted by Hawkeye Cab Company in their bid for the service: a 15% discount rounded to the nearest nickel off their regular fare of $1.75 for the first mile and $.60 for each additional half mile. 2. On a monthly basis Hawkeye Cab Co. shall request reimbursement from the City for the amount of the trip subsidy. With this request, an itemization of the date, time, donation, origin and destination of each trip shall be provided Hawkeye Cab Co. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verfication 141CMILMED BY 1 -DORM J MICRbLA6- ) CEDAR BApIDS • DES MDIYES 1 I i , A 3 ^ 3. Funding of $6,000 shall be allocated by the City of Iowa City for this project, this amount being the City's total contribu- tion for supplementary service in Fiscal Year 1982. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of Fiscal Year 1982 will remain in the Iowa City Transit budget. IV. IDEMNIFICATION Hawkeye Cab Co. agrees to defend, indemnify and save harmless the City of Iowa City, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement. V. ASSIGNMENT Hawkeye Cab. Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION 1 Hawkeye Cab Co. shall not commit any of the following employment 1 practices: i a. To discharge from employment or refuse to hire any individual I because of their race, creed, color, national origin, religion, i age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. VII. AFFIRMATIVE ACTION 1. Hawkeye Cab Co. agrees to complete an Equal Opportunity Policy Statement, as provided by the City of Iowa City. Hawkeye Cab i ' CAI CRDFILMED BY JORM MIC R6LAa .J iii CEDAR RAPIDS DES MOINES y r 4 Company agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII. DURATION This agreement shall be in effect from July 1, 1982, to June 30, 1983. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon 30 days written notification by either the City or Hawkeye Cab Co. IX. EXTENT OF AGREEMENT This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa. X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and Hawkeye Cab Co. for subsidized taxi t service as herein provided. It may be amended only by written instrument signed by all parties. HAWKEYE CAB 0 ANYo CITY OF IOWA CITY, ,/IOWA .'. `...-- By !/ By- . C 'V PresidentMayor i ATTEST: ce_ r' City Clerk 1 JOHNSON COUNTY, IOWA Rocolvcd A Approvod By Tho Lo!jal Daparimonl �ZI 1 I I MICROFIL14ED BY 1 JORM MICR46LAO CEDAR RAPIDS DES MOINES f i I ` 1,991A 1 I RESOLUTION NO. 82-156 RESOLUTION APPROVING AND FORMALLY ADOPTING A CONTRACT COMPLIANCE PROGRAM. WHEREAS, the City Council of Iowa City adopted an Affirmative Action Policy on January 13, 1981, and WHEREAS, the Affirmative Action Policy provides for the adoption of a Contract Compliance Policy, and WHEREAS, it is in the interest of the City of Iowa City to formalize its contract compliance policy and program in order to encourage positive affirmative action efforts from vendors, contractors, consultants, and firms with which the City does business. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE THE CITY OF IOWA CITY that the Contract Compliance Program should be and is hereby approved and officially adopted by the City of Iowa City. It was moved by Dickson and seconded by Perretthe Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xi Balmer --y- --i— Dickson I x Erdahl x Lynch x McDonald X Neuhauser x Perret Passed and approved this 22nd day of June 1982, MAYOR I ATTEST: CITY CLERK i Received & Approved By The Legal Department ?9nti� ( -'?-84 10?3 J MICROFILMED BY i � "-DORM -M IC R46LAB ] CEDAR RAPIDS DES MOINES i SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to assure equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, subcontractors and vendors, and requires them to take affirmative action to ensure that applicants employed or seeking employment with them are treated equally without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. It is our intention to administer this policy in such a manner as to assist employers who are contractors or subcontractors with the City in designing and implementing Affirmative Action Programs so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All vendors requesting to do business with the City, and all City contractors, subcontractors, and consultants, must submit an approved Equal Employment Opportunity Statement. 2. All City contractors, subcontractors or consultants with contracts of -$25.000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts are exempt from this provision. 3. Contracting departments are responsible for assuring that City contractors, subcontractors and vendors are made aware of their EEO/Affirmative Action reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any requests for proposal. 4. Prior to commencement of work, the completed Equal Employment Opportunity Statement or required material must be received and approved by the City. 5. Contractor compliance during the course of the contract with the City of Iowa City will be monitored by the contracting department. G. Once a contractual relationship exists between a contractor and the City, as with any contractual provision, the City retains the right to withhold payment on a contract pending satisfactory performance in the areas of Equal Opportunity and Affirmative Action outlined at the time of contract award and/or to disqualify a contractor from future bidding for a specified period of time. l0 83 MICROFILMED BY JORM MICR6LAE3 _I 1 CEDAR RAPIDS • DES MOINES ! �� Lr Er L CON- TRACT CO MPLI.Amw ANCE PRO - RICRORILb1EO ti: JORM MICROLAB MAR RAPIDS • ill" '101111, CITY O.F IOWA CITY /og3 J 141CROFILMED BY �. -JORM "MICR#LAE) I -� CEDAR RAPIDS • DES MOINES f I II� /0LF3 TABLE OF CONTENTS PAGE SECTION I General Policy Statement 1 SECTION II Assurance of Compliance 2 SECTION III Suggested Steps to Assure 9 Affirmative Action SECTION IV Definitions 12, 141CROFILMED BY �. -JORM "MICR#LAE) I -� CEDAR RAPIDS • DES MOINES f I II� /0LF3 r I I SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to assure equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, subcontractors and vendors, and requires them to take affirmative action to ensure that applicants employed or seeking employment with them are treated equally without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. It is our intention to administer this policy in such a manner as to assist employers who are contractors or subcontractors with the City in designing and implementing Affirmative Action Programs so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1• All vendors requesting to do business with the City, and all City contractors, subcontractors, and consultants, must submit an approved Equal Employment Opportunity Statement. 2. All City contractors, subcontractors or consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts are exempt from this provision. 3. Contracting departments are responsible for assuring that City contractors, subcontractors and vendors are made aware of their EEO/Affirmative Action reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any requests for proposal. 4. Prior to commencement of work, the completed Equal Employment Opportunity Statement or required material must be received and approved by the City. 5. Contractor compliance during the course of the contract with the City of Iowa City wi11 be monitored by the contracting department. 6. Once a contractual relationship exists between a contractor and the City, as with any contractual provision, the City retains the right to withhold Equal payment contract alOpportun tynd Affirmativesatisfactory the areas of Action outlined at performance the time of contract award and/or to disqualify a contractor from future bidding for a specified period of time. 108'3 MICRDEILMED BY - J JORM MOCROLA13 CEDAR RAPIDS • DES MDIYES 1 i I I r SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Affirmative Action Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT: 1. _ This contract is federally funded (paragraphs a -g apply) 2. This contract is not federally funded (paragraphs a -c apply) During the performance of this contract, the contractor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and subcontractors.) a. The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, sexual preference, disability, marital status and age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, and age. C. The contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. MICROFILM BY -DORM MIC ROLAB � CEDAR RAPIDS • DES MOVES lo83 1 J r I I 3 f. In the event of the contractor's noncompliance with the nondiscrimination Fla—use s of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, "that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Yes No 3. Have you written an Equal Employment Opportunity policy statement? 1, a. If YES, where is this statement posted? b. Please provide a copy. NOTE: Sample statements are available upon request. 4. What is the name of your Company's Equal Employment Opportunity Officer? (Please print) Phone number i Yes No 5. The undersigned agrees to display the following posters at the worksite conspicuously p y placed, for the duration of the contract. EEOC/OFCCP Poster Age Bias Poster Wage Discrimination Poster NOTE: The City can provide assistance in obtaining the necessary posters. 1093 i" MICROFIL14ED BY I --JORM MICROLAB 1 J CEDAR RAPIDS DES MOINES I _ J r 6. Goals and Timetables For assistance in completing the table below, please refer to the INSTRUCTIONS and DEFINITIONS on pages 6-8. JOB CLASSIFICATIONS EXISTING EMPLOYMENT GOALS TO INCREASE MINORITY AND FEMALE EMPLOYMENT Official/Managers Total Minorities Males Females Males Females (p 0 Minorities Females Date of anti- "gate—of anti- cipated hire or cipated hire or promotion promotion Professionals Technicians Office/Clerical Craft Workers (Skilled) Sales Workers — Operatives '(Semi -skilled) Laborers (Unskilled) Service Workers Apprentice Trainees On-the=job TOTAL ! I MICROFILMED BY ! 1. -JORM MICI46LAB- _J CEDAR RAPIDS • DES MOINES I I ! i n _ J 5 7. How do you currently inform applicants, employees, and recruit- ment sources of your equal employment opportunity policy? Yes No 8. Do you provide a working environment free of harassment and intimidation for your female and minority employees? I — — 9. Do you provide nonsegregated facilities and company activities I for all employees? i - - 10. If you rely in whole or in part upon unions as a source of your workforce, are they aware of your commitment to affirmative action and equal employment? — i a. How do you make them aware of this commitment) I The above responses to questions 1 through 10, are true and correctly reflect our affirmative action and equal employment policies. The employment figures and goals contained within the Table (#6) are true and accurate and we will make every effort to achieve the goals which we set. Firm Company Name Phone Number Signature Title Print Name Date NOTE - PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING DEPARTMENT PRIOR TO EXECUTION OF THE CONTRACT. io?3 MICROr ILMED BY mac.., .. JORM MICR46LAB -J CEDAR RAPIDS DES MOINES ✓ J I ' I s LL I r 6 INSTRUCTIONS for completing the chart located on page 4, question #6, GOALS & TIMETABLES. 1. Complete the EXISTING EMPLOYMENT section. Job Classification definitions appear on pages 7 & 8. 2. The statistics located below, indicate the AVAILABILITY of women and minorities in your recruitment area. Compare these statistics with your current employment figures. If statistics are available per job classification, then make your comparisons in that manner, if the statistics are not broken down; compare your total minority and female work force figures with the total availability statistics. i) Johnson County labor force statistics: 2.05% minority 44.04% female ii) A more detailed breakdown by job classification may be available for your location. This information may be obtained from the Civil Rights Specialist. 3. If your current employment percentages for women and minorities, either in a particular job classification or as a whole, is lower than the statistics indicate is available, then UNDERUTILIZATION of either minorities or females exist. 4. If UNDERUTILIZATION exists, determine the number of women or minorities needed to make your work force percentages equal to the availability statistics. This figure represents your GOAL to increase minority and female representation. If you do not have statistics by job classification set a goal in the job classification you are most likely to have employee movement in. 5. When, during the length of the contract, will you attempt to achieve this goal? - that is called a TIMETABLE, and should appear in the GOALS TO INCREASE MINORITY AND FEMALE EMPLOYMENT SECTION. NOTE - DEFINITIONS for capitalized words in the above narrative, appear in Section IV of this document. /408'3 1 MICROFILMED BY I 1- - JORM MICR6LA13 CEDAR RAPIDS DCS MOINES ! i J r JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION #6, pg. 4 1. Managers and Administrators: Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, middle management, plant managers, department managers, superintendents, salaried supervisors who are members of management. 2. Professionals and Technicians: Professionals are considered to be persons working in occupations requiring either college graduation or experience of such kind and amount,as to provide a comparable background. 3. Technicians: Technicians are those whose work requires a combination of basic scientific knowledge and manual skill which can be obtained through about two years of post high school education, such as is offered in many technical schools and junior colleges, or through equivalent on-the-job training. 4. Office and Clerical: All clerical -type work regardless of the level of difficulty, where the activities are predominantly non -manual, though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors, messengers, office helper, office machines operator, shipping and receiving clerk, stenographers, typists, secretary, telephone operators. . 5. Skilled Crafts: Manual workers of a relatively high skill level, having a thorough and comprehensive knowledge of the processes involved in their work. They exercise considerable independent judgment and usually receive an extensive period of training. Includes: building trades, hourly paid foremen and leadmen who are not members of management, mechanics and repairmen, skilled machinery occupations, electricians. 6. Sales Workers: Occupations engaged wholly or primarily in direct selling. Includes: advertising agents and sales agents, insurance agents and brokers, real estate agents and brokers, sales agents and sales clerks, grocery clerks, cashier -checkers. 7. Operatives (Semi -skilled): Workers who operate machine •or processing equipment or perform other factory -type duties of an intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices, operatives, attendants, delivery and route drivers, truck and tractor drivers, dressmakers, weavers, welders. 8. Laborers (Unskilled): Workers in manual occupations which generally require no special training. They perform elementary duties which may be learned in a few days and which require the application of little or no independent judgment. Includes: garage laborers, car washers, gardeners, lumber workers, laborers performing lifting, digging, mixing, loading and pulling operations. 9. Service Workers: Workers in both protective and non -protective service occupations. Includes: attendants, clean-up workers, janitors, guards, waiters and waitresses. 10. Apprentice: Persons employed in a program including related instruction to learn a trade or craft which is apprenticeship, regardless of whether the program is Federal or State agency. MICROFILlIED BY JORM MICR46LAB CEDAR RAPIDS DES MOINES work training and traditionally an registered with a 1 J r 8 11. Trainees (On-the-job): Production... persons engaged in formal training for craftsperson when not trained under apprentice programs, operative laborer, and service occupations. MINORITY GROUP IDENTIFICATION American Indian or Alaskan Native: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition. Asian and Pacific Islanders: all persons having origin in any of the original peoples of thare FEast, Southwest Africa, the Indian Subcontjnent, or the Pacific Islands. Black: all people having origins in any of the Black African racial groups not of Hispanic origin. i Caucasian: (Not of Hispanic origin), includes persons having origins in any of Thi orjginal peoples of Europe, North Africa, or the Middle East. Hjs anic: all persons of Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish Culture or origin, regardless of race. These definitions and identifications should be retained for future use. 1OF3 i MICROFILMED BY 1 "JORM MICR46LA13 1 .1 j CEDAR RAPIDS • DES MOINES j 9 SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVE ACTION 1. COMPANY POLICY Determine your company's policy regarding equal employment and affirmative action. Write this policy out and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. This responsibility should include: -correcting any and all discriminatory practices and conditions which presently exist -taking appropriate remedial actions to correct past inequities -taking a results -oriented approach, in other words, affirming the policy through actual minority and female hires and by maintaining a "single standard" principle in your unit so that employees are evaluated, recognized, developed and rewarded on a fair and equitable basis. In regards to dissemination of this policy, this can be done through the use of letters to all recruitment sources and subcontractors, personal contacts, and employee meetings. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or at minimum someone should be given the responsibility of administering and promoting your company's affirmative action program. This person should be placed within your organizational structure so as to emphasize the importance of the program. 3. INSTRUCT STAFF Your company personnel staff should be aware of and required to abide by your affirmative action program. All employees authorized to hire, supervise, promote and discharge employees or recommend or are involved in such actions should be trained and made to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (A) Let potential employees know you are an equal employment opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal employment opportunity employer". (B) Use recruitment sources that are likely to yield minority and female group applicants. Word-of-mouth recruitment will only I' 141CROTILMED BY � -JORM MIC RfitLAO j CEDAR RAPIDS • DES 140INES � I /083 �d r I I perpetuate the current composition of your workforce. Recruitment sources that fail to send minorities and females should be evaluated for continued use. Send all recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you hire minorities and females. (C) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (D) Select and train persons involved in the employment process to use objective standards and to support affirmative action goals. (E) Periodically review job descriptions to make sure they actually reflect major job functions and do not require higher qualifications. (F) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's competence for performing the job applied for?" (G) Only use job-related tests which do not adversely affect any particular group of people. (H) Carefully monitor interviews and interviewees' actions. Biased and subjective judgments in personal interviews can be a major source of discrimination. 5. APPRENTICESHIP AND OTHER TRAINING Where applicable, you should assure that full use will be made of any existing labor/management sponsored programs designed for the purposes of recruiting and training minority and female applicants and employees. 6. MONITOR ALL POLICIES AND PRACTICES In order to assure your policy is effective, at least twice per year a review of the following should occur: -APPLICANT FLOW - a record for each applicant, indicating the person's name, race, sex, referral source, date of application, position applied for, and disposition (hired or not hired) -HIRES by race, sex, department, job title and starting salary -PROMOTIONS and TRANSFERS by race and sex -DISCHARGE and TERMINATIONS by race, sex, reason for discharge and termination. Review of the above information will allow you to determine discrepancies that exist, if any, within your work place. Such discrepancies could include different starting salaries for men and women doing similar jobs, inconsistent and arbitrary discharges or K. Id ICRoEILMED BY 1 JORM MICR#LAE3 .� ] CEDAR RAPIDS DES M01NES Ll promotions and transfers. Furthermore, a review of this information could indicate a need to either seek additional or new recruitment sources to obtain a wider selection of applicants. NOTE: Forms for monitoring practices and policies are available upon request from the City's Civil Rights Specialist 7. SET GOALS Once the policy has been determined, and the practices are monitored accordingly to determine actual results, goals may need to be set if your workforce still falls short of having a representative number of minorities and females relative to their availability in the community. Goals to hire or promote minorities and females should be set once per year and these goals should be communicated to the appropriate employees. Increasing and/or improving your minority and female workforce representation can also occur through improved hiring and selection procedures, which have already been discussed, and through non - biased promotion, transfer and training policies. In regards to the latter three, companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an- employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all employees to bid on them. MICROFILMED BY � 1 JORM MIC R(SLAB LI CEDAR RAPIDS • DES 1401NES r SECTION IV - DEFINITIONS The definitions typed in all capital letters refer directly to the City's contract compliance program. The other definitions are for your own information. AA: Affirmative Action AAP: Affirmative Action Program - an active, planned effort to bring more minorities and women into the organization at all levels through non- discriminatory hiring and promotions, and to apply the same benefits and opportunities to all workers. The affirmative action program is the practical action taken to implement the equal employment policy. ADVERSE IMPACT: A company may have a policy which, although applied neutrally, has a negative or adverse impact upon a particular group of employees. An example would be a minimum height requirement that is not job-related and could possibly eliminate a high percentage of Orientals and women. APPLICANT FOR EMPLOYMENT: A person who completes a formal application form, or by some other means (resume, letter, request, etc.) indicates a specific desire to be considered for employment. An APPLICANT LOG should record requests for employment made in person whether or not an application form is completed. APPLICANT FLOW DATA OR APPLICANT LOG: A numerical compilation of employment applicants showing the specific numbers of each racial, ethnic and sex group, who applies for each job title (or group of job titles requiring similar qualifications) during a specified time. AVAILABILITY: The percentage of minorities or women who have the skills required for entry into a specific job or classification, or who are capable of acquiring the required skills. BFOQ-Bona Fide Occupational Qualifications: The law allows employers to hire or promote by sex in rare cases where a worker of a certain sex is really needed for the job. This is interpreted narrowly, to mean that sex-related anatomy is required - for instance, it is legal to hire a man if you need a bass singer or a male model; a woman if you need a soprano or a model for women's clothes. It is not legal to specify a man for so-called "heavy" work; if it can be proved that there is no woman who can do the work; BFOQ may exist. The problem with the BFOQ is that employers may be trapped by stereotyped thinking into a belief that a job can only be done by one sex when that is not necessarily true - and the employer is then vulnerable to discrimination complaints. It is safer to test the capacity of individual applicants, regardless of sex, making 1- MICROFILMED BY JORM MICR6LA13 1 j CEDAR RAPIDS • DES MO 4ES /08.3 J 13 sure that you test only for the qualities required by the job and not for more strength (or whatever) than is actually required. BLACK: The preferred term for people of Afro-American heritage. The term is a philosophy of life that indicates pride in the African heritage and culture, unlike the more outdated and sometimes derogatory terms "Negro" or "colored person." BUSINESS NECESSITY: A term sometimes used by employers who argue that sex is a BFOQ for a given job. Title VII gives "business necessity" to the BFOQ by saying, in Section 703(e): "It shall not be an unlawful employment practice for an employer to hire... classify... or employ any individual... on the basis of his religion, sex, or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to. the normal operation of that particular business or enterprise." This is narrowly interpreted. For instance, one airline claimed flight attendants or stewardesses had to be women because a survey showed that passengers wanted comforting and friendliness from stewardesses, and women were better constituted than men to be comforting and friendly. The Court said this was not a business necessity. The airline was in business to transport people safely from one place to another. The flight attendant's job was not connected with the airline's major function and the "business necessity" arguments could not be used. Even if the flight attendants were all male and all surly, the airline could carry on its normal operation of safe transport. CHICANO: A male Mexican -American included in the larger Americans. The female is called "Chicana." Both are group known as SSA's, or Spanish -surnamed CIVIL RIGHTS ACT OF 1964: Overall, the Act outlaws discrimination against women and minorities in employment, voting, public accommodations, public education, the use of public facilities, etc. This is a Federal act passed by the U.S. Congress. For affirmative action purposes, the point of interest is Title VII of the Act, which prohibits discrimination in employment and creates the federal Equal Employment Opportunity Commission (EEOC) for enforcement purposes. Title VII was amended in 1972 to broaden the number of private employers. In addition, the EEO Act included state and local governments and political subdivisions under Title VII coverage, prohibited discrimination in Federal employment with enforcement given to the U.S. Civil Service Commission, and created a central coordinating body between all anti -discrimination enforcement agencies. 141CROFILMED BY JORM MICROLAB CEDAR RAPIDS • DES MOVIES /083 1 J r 14 COMPLIANCE: As used in this document, compliance refers to employment practices which are in line with the Iowa City Contract Compliance requirements. These requirements are indicated on pages 1-5. CONFIDENTIALITY: Information or reports obtained by or submitted to the Civil Rights Specialist in the course of monitoring the City of Iowa City Contract Compliance Program will not be disclosed to the public when such disclosure would serve no public purpose and would give advantage to competitors of the contractor from whom the report has been received; however, such information may be disclosed to a governmental agency conducting an investigation involving alleged illegal discriminatory practices and the contractor or parties charged in accordance with the Iowa City ordinance pertaining to Human Rights. CONTRACTING DEPARTMENT: The City of Iowa City department that is handling the particular contract. DEPARTMENTAL SENIORITY: In some companies, disadvantaged workers have traditionally been isolated in a few departments where jobs were poorly paid and promotional opportunities were nonexistent. The only way out was to transfer to another department, but some companies and unions specified as part of their collective bargaining agreements that workers who transferred could not carry their accrued seniority into the new departments. Instead, they had to begin as if they were newly hired workers. Disadvantaged groups have challenged policies of departmental seniority, saying the policies tend to lock them into the old departments and minimize their opportunity. Courts have generally agreed with the complaining workers. Furthermore, if the employer's intent is not discriminatory but the effect of the system is discriminatory, and if the employer is so notified but does not change the seniority system, the EEOC will deduce that the employer intended to discriminate. Antidiscrimination agencies and disadvantaged workers prefer plantwide seniority, which allows workers to maintain the seniority they have earned from the date of hire if they transfer to new departments. DISCRIMINATION: Illegal treatment of a person or group whether intentional or unintentional based on race, color, sex, age, national origin, religion, creed, marital status, sexual preference or disability. The term also includes the failure to remedy the effects of past discrimination. DISPARATE TREATMENT: Unequal or dissimilar treatment of employees similarly situated because of their race, sex, age, or other impermissable basis. 141CR0EILMED RY JORM MICROLA9 CEDAR RAPIDS • DES MOINES /09,3 1 J r 15 EEO: A general term meaning "equal employment opportunity." EEOC: The Equal Employment Opportunity Commission, a federal agency created by Title VII to enforce the Civil Rights Act of 1964. It also enforces the amendments passed in the EEO Act of 1972. The EEOC does not perform routine compliance reviews. Generally, it acts only when a complaint is filed against an employer by an aggrieved job applicant, employee, group of employees, or organization authorized to represent aggrieved employees. EEO -1 FORM: A form which must be filled out byrip �vate employers with 100 or more employees and sent to the EEOC once a year. Employers report how many minorities and women they have as officials and managers; professionals; technicians; sales personnel; office and clerical workers; skilled craftsmen; semi -skilled operatives; laborers; service workers. EEO -2 FORM: Corresponding form on apprentices in each trade or craft, broken out by race and sex. This report must be filled out annually by joint labor-management apprenticeship. committees which have five or more apprentices, at least one supporting employer with more than 25 employees and at least one union sponsor with 25 or more members or a union hiring hall. EEO -3 FORM: The same as EEO -2, but filled out each year by local unions. EXECUTIVE ORDER 11246: Issued by President Johnson in 1965. It says employers with government contracts or subcontracts may not discriminate on the basis of race, color, religion or national origin. Sex was omitted in this order, but added by Executive Order 11375. Therefore, many people refer to this order as "Executive Order 11246 as amended." GOAL: A target number or percent of women and minorities to be hired, promoted or transferred to various job classifications (as defined on pages 7 and 8) within a given period of time. The number is usually computed by the number of available and qualified disadvantaged workers in the labor area. A "goal" should not be confused with a "quota." A quota is a ceiling figure designed to require hiring a certain number of a particular group to the exclusion of others. "We will take up to 10% women in this job category but no more." A goal is a floor, a minimum number of people to be included in -- e.g., "we will take at least 10% women in this job category." A quota may be designed to keep things basically as they were, including only token numbers of the "others". A quota may or may not be appropriate under law, depending on whether past discrimination existed. A goal is designed to alter the status 111CROFILMED RY JORM MIC RbLA13 -� CEDAR RAPIDS • DES MOVIES /083 1 J r I I 16 quo over time. Setting and achieving goals turns a company's equal employment opportunity statement into a reality. GOOD FAITH EFFORT: Employers sometimes say they have made a good faith effort in affirmative action but "we could not find any qualified...". Courts tend to look carefully at this defense on the basis that regardless of intent, if workers have been hurt the law must make them whole. Accordingly, good faith efforts should be made in all areas of employment including but not limited to: a. employment advertisements b. internal and external dissemination of the company's EEO policy and affirmative action program C. designation of a company EEO officer d. development of and implementation of non -biased employment practices (hires, promotions, transfers, discharges, employee benefits, etc.). Employers must keep a written record of such actions in order to show good faith effort. NOTE - For more detailed information please discuss this with the City's Civil Rights Specialist. JOB-RELATED QUALIFICATIONS If an employer says a High School degree is needed for the job, it must be true. The employer may have to prove that it is impossible for the large majority of workers to do the job adequately without a High School degree. At one time, employers often required higher skills than necessary in a conscious effort to keep out disadvantaged applicants; others required the higher skills without discriminatory intent but the result was the same. The new emphasis on job-related qualifications makes room for employers to demand the skills they do require, but forbids the old, unnecessary escalation. MINORITIES: All persons classified as American Indian, Alaskan Native, Asian or Pacific Islander, Black or Hispanic. NEW HIRE: A worker added to an establishment's payroll for the first time. OFCCP: The Office of Federal Contract Compliance Programs, U.S. Department of Labor. It is responsible for enforcing Executive Order 11246 as amended. OLD BOY NETWORK: Slang term which refers to hiring by word of mouth, which used to be the way the good job openings were known only by white males. Therefore it was only white males who got them. The word "old" in this usage does not refer to age, but to long acquaintances. Affirmative action tries to weaken the exclusionary effect of the /0813 Mi CROFILMED BY CORM MICROLINB j CEDAR RAPIDS DGS I40I4C5 1 r 17 network by requiring employers to actively recruit in minority and women's organizations and media, and by requiring goals for the hiring and promotion of minorities and women. PROTECTED CLASS CATEGORIES: Those groups of people protected by the laws against discrimination. In Iowa City, the protected categories are: race, color, creed, religion, sex, age, national origin, disability, marital status and sexual preference. The latter two categories are not included in the area of housing. (Sexual harassment has been determined to be a discriminatory practice affecting both males and females.) RECOMMENDATION FOR COMPLIANCE: The recommendation made by the Civil Rights Specialist to the appropriate persons certifying that a contractor has satisfactorily completed all bid conditions, as specified by the City of Iowa City Contract Compliance Program. RECRUITMENT: A search for job applicants. Help wanted ads and contacting employment agencies are typical recruitment steps. REHIRE: To return a worker to the payroll after a complete break in service. REMEDIAL ACTION: Actions undertaken by an employer to remedy the effects of past discrimination. Often it is affirmative action but in more stringent doses. For instances, if black workers are 25% of the workforce in a contractor'.s labor area, affirmative action might require that the contractor hire 25% black workers. Remedial action might be to hire 50% black workers until the contractor is at parity, or 25% black workers in all job categories. REQUISITE SKILLS: Those skills that make a person eligible for consideration for employment in a job. REVISED ORDER: Guidelines issued by the OFCCP outlining what employers must do to comply with Executive Order 11246 as amended. REVISED ORDER 14: Internal guidelines issued by the OFCCP which instruct their own compliance officers in conducting a compliance review. The order also outlines what documents employers must make available to the government's compliance officer. SELECTION: The hiring process which comes after recruitment and interviews. In this step the employer decides who will get the job. j MICROFILMED BY JORM MICR46LAB -? j CEDAR RAPIDS • DES MOINES /0?3 I r LU SSA: Spanish -surnamed American. SYSTEMATIC DISCRIMINATION: One or more practices which have many discriminatory off -shoots so that an entire organization screens out disadvantaged workers in the end. An example would be department seniority, described on page 14. TIMETABLES: A time frame within which an employer tries to reach the established affirmative action goals. UNDERUTILIZATION: Employment of members of a race, ethnic or sex group in a job or job group at a rate below their availability within the company's recruitment area. Depending on the job, recruitment area may be local, regional or national. VALIDATION: Process of determining whether tests given for employment in a certain job actually predict good or bad performance on the job. (See "Job -Related Qualifications" on page 16.) Validation is designed to eliminate false criteria which screen out disadvantaged groups. At the same time, validation protects the employer's right to hire only those workers who are qualified. The 'validation is ordinarily done by an independent organization with expertise in that area. WORD-OF-MOUTH ADVERTISING: Similar to Old Boy Network. Employers run the risk of perpetuating the effects of past discriminatory practices if they maintain a word- of-mouth recruitment policy. Since this policy relies upon current employees informing friends and relatives of vacancies, and since past discrimination often has substantially restricted minority group representation in an employer's workforce, it follows that non -minorities will be included in the flow of information regarding job openings at a higher rate than minorities. Such discrimination may also result from word-of-mouth recruiting, as where information about job openings is disseminated by male department heads limiting the likelihood that females will be apprised of employment opportunities. Re"'Vod 4 Apnmv D ed The Legal Dep�rtymm 108'3 1 i IIICROFILI4ED BY JORM MIC R(SLAB ceonR RAPIDS • DES MOINES i I 141CROFILI-IED BY JORM MICR6LAB CEDAR RAPIDS • DES MOMES /a 83 1 J f� a-, SEATS AGREEMENT This agreement, made and entered into thisjy,o{day ofQ4:a42 , 1982, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and the SEATS Program, Johnson County, Iowa, hereinafter referred to as County. WHEREAS, it is in the mutual interest of the City and County to continue providing transit service to the elderly and handicapped; and WHEREAS, the County, pursuant to its general powers, has an operation of special elderly and handicapped transit service; and 1 WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this State may be exercised jointly with any other public agency of this State having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND COUNTY AS i FOLLOWS. I. SCOPE OF SERVICES A. The City agrees to provide space, utilities, furniture, I i equipment plus parking spaces to the County for the sole purpose of carrying out the Johnson County SEATS program to commence July 1, 1982, and continue until June 30, 1983. II. GENERAL TERMS A. The City agrees to provide 270 square feet of office space I on the ground floor of the Senior Center. Storage space I will be provided in the boiler room and parking space for vans will be provided as outlined below. MICROFILMED BY i 1 "-DORM'MIC RbLA B� L � CEDAR RAPIDS • DES MOIYES i r 2 1. Eight parking permits shall be issued to the SEATS vans for parking in the Civic Center parking lot. Eight spaces adjacent to each other on the west end of the lot shall be reserved for the SEATS vans between the hours of 7:00 p.m. and 7:00 a. m. each day. 2. SEATS vans may use the passenger loading zones on Washington and Linn Streets to pick-up or drop-off passengers. 3. SEATS vans may use either the passenger loading zones on Washington and Linn Streets or space parallel to the north entrance ramp to the Senior Center for temporary, not to exceed 30 minute, parking between trips. Only one van may be parked in each of these spaces at one time. B. The City agrees to provide heating and cooling for the office space at a level deemed appropriate for older i persons. i s C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: two desks, two desk chairs, one armchair, two side chairs. 4 E. The City agrees to make available the services of a xerox machine and print shop at a cost to the County which is the actual per copy cost to the City. i F. The City agrees to install a central telephone system which the agencies shall use. MICROFILMED BY JORM MICR6LA13 1 � CEDAR RAPIDS • DES MOMES 1089/ r 3 G. The City agrees to furnish refuse pickup on a regular basis. H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. I. The County agrees to provide a transportation service which is consistent with the purpose and goals of the Senior Center. J. The County agrees to pay for the installation of their telephone line(s) and to pay the monthly charges for the line(s). K. The County agrees to submit a yearly self-evaluation of the services SEATS provides. L. The County agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units (ride) provided. 2. Monthly total of elderly receiving service (duplicated and undupicated counts). 3. Identification of requests for services or activities not currently provided. M. The County agrees to submit a 30 day written notice when program changes are planned. N. The County agrees to accept the responsibility of opening, closing, and supervising the building when staff occupies the office at a time the Center is not open to the general public. MICROFILMED BY 1 _I ' I " JORMMIC R6LAE) - CEDAR RAPIDS DES MOINES Ii 4 0. The County agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. III. INDEMNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, costs, or damages resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County in the performance of the conditions set forth in this agreement. IV. DISCRIMINATION A. The County shall not permit any of the following practices: 1. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. 2. To discriminate against any individual in terms, k conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. B. The County shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. I 1 MICROFILMED BY 1. "-JORM MICR46LAB J l I CEDAR RAPIDS • DES 1401 NES I MITI/ 1 f� 5 V. INSURANCE The County shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. The County shall furnish the City with a certificate of such insurance upon request. The failure of the County to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. VI. TERMINATION 6 This agreement shall be effective July 1, 1982, and shall terminate June 30, 1983. However, this agreement may otherwise E be terminated upon 30 days written notice by either party in the i event that there is a material or substantial change in the !' SEATS program as outlined in the application for space in the fSenior Center. VII. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. 14 I , MICROFILMED BY JORPA MICR#LAM CEDAR RAPIDS DES MO]NES r r r•. 6 VIII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code of Iowa. IX. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. FOR THE CITY: Mary C. aeunauser, Mayor ATTEST: City Clerk FOR THE COUNTY: etty ckenfel�y, airman Boar of Supervisors Johnson County, Iowa ATTEST Johnson County Auditor by: David L. Elias, Deputy r� Bogy i MICROFILMED BY 1 _J - i —DORM -MFC R<SCAB- 'j CEDAR RAPIDS DES M01vGS I 7 ' -.cal- _ -, I Ll � STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this .2 day of 1982, before me, the undersigned, a Notary Public in and for s id County, in said State, personally appeared Betty Ockenfels and David L. Elias to me personnaly known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and Deputy Auditor for said County, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its Board of Supervisors; and that the said Betty Ockenfels and David L. Elias as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Iql E�Y F3 5� afi� 1yp« Notary Public ry STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this,?0,rLday of , 1982, before me, the undersigned, a notary public in a or at County and tate, persona ly appe red the following persons: fL�A/�CA�vL 4�/,i f��f�(� and to me known to be fhe t entical persons named in and wh executed the within and foregoing instrument and acknowledged that they acknowledged the same as their voluntary act and deed. g� ota y Public in and for said County I4ICROFILMED By -- JORM MICR(SLAB' CEDAR RAPIDS DES MOMES. I Bogy r CITY CSF IOWA CITY CMC CENTER 41 O E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5a)D July 8, 1982 Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, Iowa 50319 Dear Ms. Odell: The City of Iowa City, Johnson County SEATS, and Hawkeye Cab Co. have entered into an agreement conforming to Chapter 28E of the Code of Iowa, Joint Exercising of Governmental Powers, regarding implementation of the agreement providing transportation for handicapped and elderly residents with supplemental taxi service in the SEATS program. i Attached is an originally executed Resolution authorizing the agreement, as adopted by the City of Iowa City, with an originally exeucted agreement as signed by the City, Johnson County and Hawkeye Cab. Co. These documents have been recorded with the Johnson County Recorder. Yours very truly, i I C Abbie Stolfusfus, CMC' C) City Clerk I J MICROFILMED BY + 1 JORM MICR�LAB- J -1 CEDAR RAPIDS • DES MOINES f APY14Z J _�' ! mil __� r RESOLUTION NO. 82-158 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND ELDERLY SERVICES AGENCY FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Elderly Services Agency, a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center to the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: That the Mayor is hereby authorized to execute and the City Clerk to attest a contract between the City of Iowa City, Iowa, and Elderly Services Agency for the lease of space at the Iowa City Senior Citizens Center. It was moved Perret were: by Balmer and seconded by the Resolution be adopted, and upon roll call there AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald x Neuhauser X Perret Passed and approved this 22nd day of June , 1982. ATTEST: C Y CLERK r... L' �- Received & Approved By The Legal Department 6 c I ti 2- 1 MICROFILMED BY 11. _ JORM MICR46LAB 1 1 I CEDAR RAPIDS DES M014ES I /085 A I r U'. ELDERLY SERVICES AGENCY LEASE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of June 1982, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and the Elderly Services Agency of Johnson County, Iowa, hereinafter referred to as ESA. WHEREAS, ESA is a non-profit corporation whose goal is to provide services to the elderly; and WHEREAS, it is in the mutual interest of the City and ESA to attempt to meet this goal at the Senior Center; and WHEREAS, Resolution No. 78-142 establishes the City's intent to develop and manage a multi-purpose Senior Center. NOW, THEREFORE BE IT AGREED BY AND BETWEEN THE CITY AND ESA AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, furnishings, janitorial services, utilities, parking space and use of specific equipment and services as set forth below. II. GENERAL TERMS t A. The City agrees to provide 705 square feet of space on the ground floor of the southwest corner of the Senior Center j to ESA for its use in the provision of services to the elderly of Johnson County to commence on July 1, 1982, and to continue until June 30, 1983. B. The City agrees to provide parking spaces for one van to be used for the ESA chore program. Said parking space is located at the Chauncey Swan parking lot. MICROFILMED BY ? JORM MIC R46LAB -- ~� CEDAR RAPIDS DES MOIRES j 1 2 C. The City agrees to provide storage for chore equipment in the building known as "U -Smash -'Em" located at 126 South Gilbert Street in Iowa City. D. The City agrees to provide heating and cooling for the agency's office space at a level deemed appropriate for older persons. E. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. F. The City agrees to supply the following furniture: four 1 desks, one desk return, three desk chairs, one secretarial chair, two files, four side chairs. G. The City agrees to make available the services of a xerox i machine and print shop at a nominal per copy cost to ESA. I H. The City agrees to install a central telephone system i which the agency shall use. ESA agrees to pay for the r i installation of their telephone line(s) and to pay the monthly charge for the line(s). l I. The City agrees to furnish refuse pickup on a regular basis. J. The City agrees to treat in a confidential manner all participant information that is jointly gathered. K. ESA agrees to provide services which are consistent with the purpose and goals of the Senior Center as delineated in the Senior Center operational handbook, such services to include, but not be limited to information and referral, outreach, advocacy, chore service and volunteer. f " io ss MICROFILMED By I 1 JORM MIC RbL4 B� 1 �t� I CEDAR RAPIDS • DES MOINES - 7 I r r M.' 3 L. ESA agrees to submit a yearly self-evaluation of the services they provide. M. ESA agrees to cooperate in the Senior Center data collection. A monthly report will be filed with the staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service (duplicated and unduplicated accounts). 3. Identification of request for services or activities not currently provided. N. ESA agrees to inform the City at least 30 days in advance when program changes are planned. 0. ESA agrees to accept the responsibility of opening, i closing and supervising the building when its staff occupies the offices at a time when the Center is not open to the general public, and at such a time, ESA is not c responsible for opening the building to the general public. III. INDEMNIFICATION ESA agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff or volunteers, including but not limited to, injuries to persons or properties served or coming into contact with ESA. ESA agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. /0,15, 1 MICROFILMED BY i. -JORM MIC R46LA F3 i -1 ' CEDAR RAPIDS • DES MOINES i !� 4 IV. DISCRIMINATION A. ESA shall not permit any of the following practices: 1. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, age, sex, marital status, sexual orientation, or disability. 2. To discriminate against any individual in terms, conditions, or privleges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. B. ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. 1 V. INSURANCE I A. ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. /o $5 J j r I I4ICROFILI4ED BY I "-JORM MIC ROIL AEI CEDAR RAPIDS DES MOINES I r r ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with a minimum amount. Copies of said policies are to be furnished to the City upon request. VI. ASSIGNMENT A. This agreement may not be asisgned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VII. TERMINATION This agreement shall become effective July 1, 1982, and shall i terminate June 30, 1983. However, this agreement may otherwise i be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the ESA program as described in the application for space in the Senior Center, or in the event of a material or substantial breach by i the City of its obligation to provide services and space as ` specified under this agreement. IX. This agreement shall be filed with the City Clerk of Iowa City. i i A X. The undersigned do hereby state that this agreement is executed i I in triplicate, as though each were an original, but there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. I r I4IDROFI LIdED BY 1, DORM MIC ES ? 1 I CEDAR RAPIDS • DESS MOINES � I I r i 1� 6 FOR THE CITY OF IOWA CITY, IOWA: FOR ESA OF JOHNSON COUNTY: Mary C. Neu user, Mayor Name � Title ATTEST: ATTEST: Ab ie Stolfus, City C erk Name P Title z 1 � I idI CROFIL1dED BY ' JORM- "M1CR6LAB _) . J CEDAR RAPIDS DES MOINES r 7 r RESOLUTION NO. 82159 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE AMERICAN ASSOCIATION OF RETIRED PERSONS FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CITIZENS CENTER. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the American Association of Retired Persons, a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities, and services at the Iowa City Senior Citizens Center to the above-named organization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: That the Mayor is hereby authorized to execute and the City Clerk to attest a contract between the City of Iowa City, Iowa, and the American Association of Retired Persons for the lease of space at the Iowa City Senior Citizens Center. It was moved by Dickson and seconded by Perret the Resolution be adopted, and upon roll call there j were: AYES: NAYS: ABSENT: I x Balmer .x Dickson x Erdahl X Lynch X McDonald x Neuhauser x Perret Passed and approved this 22nd day of June , 1982, ATTEST VVI.CA1li 1. Q111APr11Aet. MAYOR i s' CITY CLERK Resolved & Approved Dy Tho Legal D�cgparartmenf 1 MICROFILMED BY I CORM MIC RbLAB CEDAR RAPIDS � DES MDIY[5 i /096 r AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of June 1982, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the American Association of Retired Persons Chapter 1816 of Johnson County, Iowa, hereinafter referred to as AARP. WHEREAS, AARP is a non-profit corporation whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to problems not being otherwise addressed; and WHEREAS, it is in the mutual interest of the City and AARP to attempt to meet such goals at the Senior Center; and i WHEREAS, Resolution No. 78-142 establishing the City's intent to develop and manage a multi-purpose Senior Center specifically recognizes that "...Service agencies are resources that might be involved in the projects and services of a multi-purpose program." NOW, THEREFORE BE IT AGREED BY AND BETWEEN THE CITY AND AARP AS i FOLLOWS: I. SCOPE OF SERVICES A. The City agrees to provide space, furnishings, janitorial services, utilities, and use of specific equipment and services as set forth below. II. GENERAL TERMS A. The City agrees to provide 168 square feet of space on the ground floor of the Senior Center to AARP for its use in /086 1 ! MICROFILMED BY ! JORM MICROLAE3 J i 1� I CEDAR RAPIDS DES Id01NES ' L, � I� r 2 the provision of education and community services to the elderly, to commence July 1, 1982, and to continue until June 30, 1983. B. The City agrees to provide heating and cooling for this space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. 0. The City agrees to supply the following furniture: one desk, one desk chair, two side chairs. E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to AARP. F. The City agrees to install a central telephone system which the agency shall use. G. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the organization on a limited basis when no staff is present in the office. H. The City agrees to furnish refuse pickup on a regular basis. I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. ,l. AARP agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, tax aid, rent reimbursement information, property tax credit information, peer counseling, medicare and medigap /D $b l \' MICROMMED BY _-JORM MIC RISL AB l CEDAR RAPIDS DES MOINES I ! ' I 3 assistance, volunteer training, driving education and Institute of Lifetime Learning. K. AARP agrees to staff their office with volunteers a minimum of 30 hours per week. L. AARP agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). M. AARP agrees to submit a yearly self-evaluation of services and activities. N. AARP agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or i' participation in scheduled activities (duplicated and unduplicated counts). i t 3. Indentification of requests for services or i k activities not currently provided. 0. AARP agrees to submit a 30 day written notice when program chnages are planned. i P. AARP agrees to accept the responsibility of opening, closing or supervising the building when an AARP activity or service occurs at a time the Center is not open to the general public. i I /096 MICROFILMED BY JORM MICR46LA13 CEDAR RAPIDS DES MOINESLL I �� L t i I 1 r IV. INDEMNIFICATION AARP agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the AARP volunteers, including, but not limited to, injuries to persons or properties served by or coming into contact with AARP. AARP agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. V. DISCRIMINATION AARP agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. VI. INSURANCE AARP shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa in a form approved by the City j Manager. The minimum limits of such a policy shall be as follows: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage at $10,000. AARP shall furnish the City with a certificate of such insurance upon request. i The failure of AARP to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. 141CROFILMED BY 11_ -JORM MICRbLAB- ,1 1 CEDAR RAPIDS • DES MOINES fr 5 VII. ASSIGNMENT A. This agremeent may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VIII. TERMINATION This agreement shall become effective July 1, 1982, and shall terminate June 30, 1983. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the AARP program as outlined in the application for space in the Senior Center. IX. This agreement shall be filed with the City Clerk of Iowa City, Iowa. X. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. /096 MICROFILMED BY 1_ "JORM MIC ROLAB c / CEDAR RAPIDS DES MDIYES Ii i J i 1 1 6 A: FOR AARP OF JOHNSON COUNTY, IOWA: Name J Ttt e ATTEST: Name Title 1� I i MICROFILMED BY I 1. JORM MICRbLAB' 1 � CEDAR RAPIDS • DES M014ES ' 11 1 RESOLUTION NO. —82-160 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO AMEND THE MAXIMUM INCOME GUIDELINES UNDER THE HOUSING REHABILITATION FORGIVABLE & LOW INTEREST LOAN PROGRAM. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1981), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation Program within the designated Neighborhood Strategy Areas, and WHEREAS, part of said program involves forgivable and low interest loans as a method of financing rehabilitation, and WHEREAS, the City Council has approved and authorized the implementation of both the Forgivable Loan and Low Interest Loan Programs by Resolutions 79-577 and 82-91, and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requested that the maximum adjusted gross income limits be amended to the current Section 8 guidelines, and WHEREAS, for the purpose of amending the maximum adjusted gross income for both programs the Department of Housing and Inspection Services has attached a copy of the new income guidelines which by this reference is made part of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the maximum adjusted gross income guidelines be amended for both the Forgivable and Low Interest Loan Housing Rehabilitation Programs in accordance with the attached schedule. It was moved by Perret and seconded by McDonald_ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xBalmer x Dickson x Erdahl x Lynch xMcDonald x Neuhauser x Perret Passed and approved this 22nd day of June �_, 1982. MAYO � jnn l ✓' n A ATTEST: e ' �Cz LJ TY By 711u Lega( D �zrtmer.! bl (,sl8z -- /o g 7 1 141CROFILI-IED BY - -JORM MICRbLAB .1 � CEDAR RAPIDS OES 140 L"IES � � 1 Current Section 8 Income Guidelines for the Johnson County Area $13,350 for a 1 person household $15,250 for a 2 person household $17,150 for a 3 person household $19,050 for a 4 person household $20,250 for a 5 person household $21,450 for a 6 person household $22,600 for a 7 person household $23,800 for an 8 person household /D8 7 1' MICROFILMED BY DORM ' MICR6LAE3 .....1 ..J CEDAR RAPIDS DES VDINES I I J' r 920 Route 202 • Raritan, New Jersey 08869 • (201) 685-1600 June 10, 1982 11s. Rosemary Vitosh Director of Finance City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 RE: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Ms. Vitosh: Thomas and Betts is requesting another extension of the expiration date of the Memorandum of Agreement which is due to expire July 1, 1982. The extension is required in order to finalize our financing arrangements. We plan to place the bonds in a bond fund, but require a bank to provide i a letter of credit and a commitment to buy the bonds should the bond fund "put" the bonds back to us. As of last Tuesday, June 8, we finally have two is banks committed to do this. We now need time to iron out the final details with the two banks and to finalize the legal documents. The scope of our Iowa City project has expanded. Initially, Thomas & Betts planned to convert its existing Electrical Group facility at Iowa City into a connector facility for its Electronic Group (T&B/Ansley), rather than build a new electronic facility in E1 Paso, Texas. This was successfully done. During 1982, we have decided to close one of our Los Angeles electronic facilities and move this assembly operation to Iowa City. This would require additional auto- mated assembly equipment which will be put in the original Iowa City facility. 6 This obviously means more Thomas & Betts jobs and more capital investment at Iowa City. I have talked with Tom Stanberry, who said, the above facts warranted an extension from his viewpoint. I believe we are very close to finalizing our financing. Whereas, Tom felt a one-year extension was warranted, I would like a three or four month extension in case we do have a problem at the last minute with the bond fund, the bank or the legal documentation. Thank you for your help and consideration in this matter. Please let me know if I can supply any additional information. iSincerely, i J.,W. Kearny Hibbard Treasurer /dt cc: M. J. Kelly, Thomas & Betts E. Kirby, Essex Company T. Stnnberry, Ahlers, Cooney J. D. Hay, Thomas & Betts 1 ! I41CROrILMED BY f 1- -"JORM MICR6LAB 1 .) CEDAR RAPIDS • DES MOINES ) i r JUN 0 9 1982 Ahlers, Cooney, Dorweiler, Haynie & Smith LAWYERS 300 LIBERTY BUILDING, SIXTH AND GRAND DES MOINES, IOWA 50309 (515) 243.7611 June 8, 1982 Ms. Rosemary Vitosh Director of Finance City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 I'anl f. Alm W Coumel Ione+ [vans Cooney I.um' A C.ppok PhdlR 1 Domed', Ili I. wine KenneIt. It Ileyniv U.rvld 11 luNinhdl 11 Rkh,d 5.wh Mark 11', Ileennan Inmm 1. Knmh°t0. Idma,d W Reim6urN I. Al-b,..k ' Ir Thongs I. $lanberry L W Na ha,d G. Sanli Richard W. Ilollmann IdN.n 11 Ifild, Randall It 9elani Morri+ L Knnpl I Leahelh Gn'NN K'nnedY ferry L Mo,.n P.W.ria I. Aladin Re: $5,500,000 - City of Iowa City, Iowa Industrial Development Revenue Bonds (Thomas & Betts Corporation Project) Dear Rosemary: Enclosed are five copies of proposed proceedings for considera- tion by the City Council of Iowa City on June 22 regarding an extension of the expiration date of the Memorandum of Agreement pre- viously entered into between the City and Thomas & Betts Corporation on August 26, 1980. As you know, the Memorandum of Agreement was extended once on December 22, 1981 and expires on July 1, 1982 unless otherwise extended. The enclosed set of proceedings would extend the expiration date of the Memorandum of Agreement to July 1, 1983. By a copy of this letter to Mr. Eugene Kirby and Mr. Kearney Hibbard we are reminding them that a representative of Thomas & Betts Corporation should be present at the June 29 City Council meeting to answer any questions which the members of the City Council may have regarding this financing. If the enclosed proceedings are satisfactory, we would appre- ciate your returning three completed copies so that we can include them in the bound Bond transcripts. If you have any questions con- cerning the enclosed materials or any other matters related to this financing, please do not hesitate to contact us AHLERS, In Very truly yours, COONEY RWEILER, Xom E. Stanber TES:gra Enclosures cc: Mr. J. W. Kearney Hibbard Mr. J. Woldman Mr. Eugene Kirby, Jr. Mr.8 Robert Jansen Mr. Joseph A. Whitehead HAYNIE & SMITH 1 I I MICROrILMEO BY ' "JORM MIC R#LAB +i CEDAR RAPIDS • DES MOINES I &MU7 11, J r M., 1 10 Iowa City, Iowa, June 22, 1982. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall, in Iowa City, Iowa, at 7:30 P.M,., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by Mary C. Neuhauser, Mayor, presiding, and on roll call the following Council Members were present: Balmer Dickson Erdahl Lynch, McDonald, Neuhauser, Perret Absent: None —1- 1 i MICROFILMED BY -DORM- MIC R#LAB CEDAR RAPIDS DES MOINES `D iff 1 1 . -4 The Mayor announced that the purpose of the meeting was to amend the Memorandum of Agreement executed in connection with the issuance of not to exceed $5,500,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Thomas 6 Betts Corporation Project). After due consideration of the proposed amendment to the Memorandum of Agreement, Council Member Balmer proposed the following Resolution and moved its adoption. Council Member McDonald seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Perret, Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of her approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -2- RI[ROEILI4ED BY � � -"JORM MICRbLAB CEDAR RAPIDS DES MOINES I J� I RESOLUTION NO. 82-161 THORIZING EXECUTION AMENDMENTION TO MMEEMORANDUM OFLATING TO AGREEMENT OF AN AGREEMENT PREVIOUSLY EXECUTED IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $5,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (THOMAS & BETTS CORPORATION PROJECT). WHEREAS, the City of Iowa City, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code,oas amended (the all "Act"), to issue revenue bonds for the purpose. improving or a portion of the cost of acquiring, constructing, unP g and equipping land, buildings and improvements suitable for use in the manufacture of electronic equipment, including stamping and gold plating metal contacts, molding plastic connectors and manufacturing flat cable (the "Project"); and WHEREAS, the City has been requested by Thomas & Betts Corporation, a New Jersey corporation duly qualified and authorized to do business in the State of Iowa (the "Company") to amend the Memorandum of Agreement entered tinto Rbetwee the City and Company on August 26, 1980, p ursuan80-367 of the City Council of the City, to extend the expiration date of said Memorandum of Agreement to July 11 1983; and WHEREAS, the Memorandum of Agreement entered into between the City and the Comt gust 26, ResolutionBNo�.a81--3324dof the ed on December 22, 1981, pursuant the Memorandumof Cit1oAgreementytotJulyt1,Id1982;eandration date of sai e best the WHERAS,cityEthattthe Cexpirationldate of said t to be in hMe Memorandum interests of he of Agreement be extended to July 1, 1983. NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows'- Section ollows:Section 1. That the Amendment to Memorandum m ranhe umorandume went attached hereto as Exhibit 1980 9 Agreement dated August 26, 1980, between the City and the Company be executed for and on behalf of the City. -3- MICROEILIIED BY 1 JORM MICRbLAE3 CEDAR RAPIDS • DES MOINES r J / I Section 2. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 22nd day of June, 1982. City of Iota City, Iowa (Seal) 1/lA1 ♦ CllAw11A Nary C. Gleunauser, Mayor Attest: Abbie Stolfus, Ci y Clerk } i i 1 -4- /Q �0 1 I ' MICRDEILMED BY -� - -�• -JORM MICR6LAS CEDAR RAPIDS DES MOI,4ES 1 r -1� CLERK'S CERTIFICATE I, Abbie Stolfus, being first duly sworn do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of said City at a meeting open to the public on June 22, 1982, authorizing execution of an Amendment to Memorandum of Agreement previously executed in connection with the issuance of not to exceed $5,500,000 in aggregate principal amount the City's Industripl Development Revenue Bonds (Thomas & Betts Corporation Project); authorizing execution of an Amendment to Memorandum of Agreement; and approving proceeding with the issuance of said Bonds; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the pro- visions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said City hereto affixed this 22nd day of June, 1982. (Seal) Abbie Stolfus, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. (Seal) ��_Y_K!7f.✓ IJ Notary Public -5- MICROFILMED BY i JORM MICRbLAB 1 j CEDAR Rgl'I DS DES M014E5 I (This Notice to be Posted) NOTICE AND CALL OF PUBLIC HEARING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: June 22, 1982 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers City Hall Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. A Resolution Authorizing Execution of an Amendment to Memorandum of Agreement Previously Executed in Connection With the Issuance of Not to Exceed $5,500,000 in Aggregate Principal Amount of the City's Industrial Development Revenue Bonds (Thomas & Betts Corporation Project). 2. Such additional matters as are set forth on the additional 17 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pur- suant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Abbi4�lfus, C1 k of the City of Iowa City, Iowa i Ifo -6- 00 5 � MICROFILMED BY DORM MICR46LAB I i �F ... J CEDAR RAPIDS DES MOINES I � � I i I � IL r EXHIBIT "A" AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Thomas & Betts Corporation, party of the second part (hereinafter referred to as the "Company"). The Memorandum of Agreement entered into between the City and the Company on August 26, 1980, pursuant to Resolution No. 80-367 of the City Council of the City and previously amended on December 22, 1981, pursuant to Resolution No. 81-324 of the City Council of the City is hereby amended and supplemented as follows: The date in paragraph 4(a) is hereby amended to read "July 1, 1983." IN WITNESS WHEREOF the parties hereto have entered into this Amendment to Memorandum of Agreement by their officers thereunto duly authorized as of the jZAt day of June, 1982. (Seal of City) City of Iowa City, Iowa Mary C. euhauser, Mayor Attest: A bie Stolfus, Citiy Clerk (Seal of Company) Thomas &lBetts sCCorporation By J/ . Kearny }ib ar , Treasurer Attest: Cl.vLt.f.UCYV• ��A..1 ince H. Way, Secret y i MICROFILIIED BY JORM MICR6LAB J I CEDAR RAPIDS DES MOINES i /i. a 1 r L Iowa City, Iowa June 22 .1 1982 on the C2 ty Council of Iowa City, Iowa, met in regular day of, June , 1982, at- - _12 - , at the Ct en er o clock to law and to the ru es o said Council. The meetinghwa yy pursuant order and there were present Mary C. Neuhauser to and the following named Council Members: Mayor, -in the Chair, Erdahl, Lynch, McDonald, Perret Absent: None The Council took up and considered matters relating to the issuance of Hospital Facility Revenue Bonds, Series 1982 (Mercy Project) and after consideration thereof, Council Member Balmer introduced a Resolution entitled: Resolution city council mofdthe City sOfpIowa nCity,aIowa,ladoptedoJuneo8,o1982e entitled: "RESOLUTION AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EX EED ,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT), OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF. A NEW HOSPITAL FACILITIESHOSPITAL WING ANDHOFRSAIDATION HOSPITAL ANDANDIPPING DEFRAYINGTHE TA COSTING IOF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS." and moved its adoption, seconded by Council Member McDonald After due consideration of said Resolution by the Council, the Mayor Put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Neuhauser, Balmer, Lynch, McDonald Nays: Perret, Dickson, Erdahl Whereupon, the Mayor declared said Resolution duly adopted and approval was signed thereto. -1- 141CRON DIED BY - JORM MICR6LAB CEDAR RAPIDS • DES MOVICS 1 J r L. RESOLUTION 82-162 Resolution amending and supplementing a previous resolution of the City Council of the City of Iowa City, Iowa adopted June 8, 1982, entitled: "RESOLUTION AUTHORIZING AND PROVIDING FOR: THE ISSUANCE OF NOT TO EXCEED ,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL FACILITY REVENUE BONDS, SERIES 1982 (MERCY HOSPITAL PROJECT)-, OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF LENDING THE PROCEEDS THEREOF TO MERCY HOSPITAL, IOWA CITY, IOWA, FOR THE PURPOSE.OF DEFRAYING THE COST OF ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF PARKING FACILITIES, THE CONSTRUCTING AND EQUIPPING OF A NEW HOSPITAL WING AND THE RENOVATION AND EQUIPPING OF THE EXISTING HOSPITAL FACILITIES OF SAID HOSPITAL AND DEFRAYING THE COST OF RETIRING CERTAIN INDEBTEDNESS OF SAID HOSPITAL; THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND SECURITY AGREEMENT BETWEEN SAID CITY AND SAID HOSPITAL PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS AND THE SECURING OF SAID REPAYMENT OBLIGATION; THE SALE OF SAID BONDS; AND RELATED MATTERS." WHEREAS, the City of Iowa City, by Chapter 419 of Iowa (the "Issuer") is authorized the Code of Iowa (the "Act"), to issue revenue bonds and loan the proceeds to one or more contracting parties to be used (i) to pay the cost of acquiring, constructing, improving and equipping land, buildings and improvements suitable for use by any voluntary nonprofit hospital or (ii) to retire any existing indebtedness of a voluntary nonprofit hospital; and WHEREAS, Mercy Hospital, Iowa City, Iowa, an Iowa not-for-profit corporation (the "Hospital"), presently owns and operates a voluntary nonprofit hospital located within the corporate boundaries'of the Issuer; and WHEREAS, the City Council of the Issuer has on June 8 , , 1982 adopted the resolution (the "Bond Resolution") referred to in the title hereof providing, among other things, for the issuance by the Issuer of its Hospital Facility Revenue Bonds, Series 1982 (Mercy Hospital Project), in the aggregate principal amount of not to exceed $20,000,000 (the "Series 1982 Bonds") to obtain funds to lend to the Hospital pursuant to a loan agreement between the Issuer and the Hospital for the purpose of defraying the cost of acquisition of land, the construction and equipping of parking facilities, the construction and equipping of a new hospital wing and the renovation and equipping of the existing hospital facilities of the Hospital (the "Poject") and defraying the cost of certain indebtedness of the Hospital (which consists of notes payable to Penn Mutual Life Insurance Company given to evidence indebtedness incurred for constructing a previous addition and improvements to the Hospital's facilities) (the "Existing Debt"); and -2- 1, — 1 111CROFILMED RY i j� JORM MICROL4B 1 CEDAR RAPIDS • DES FIONES u J r WHEREAS, Section 2 of the Bond Resolution provided for the amendment thereof for the purpose of setting the final maturity dates and amounts, the total principal amount and the interest rate or rates per annum of the Series 1982 Bonds; and WHEREAS, it is in the best' interests'of the Issuer to amend the Bond Resolution as provided in Section 2 thereof and to supplement the Bond Resolution all as herein provided; NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section That the Series 1982 Bonds shall be issued in the aggregate principal amount of $19,975,000 and shall mature on the dates and in the amounts and shall bear interest at the rates per annum as set forth on Schedule A-1 hereto and that the Series 1982 Bonds maturing on June 1, 2012 redeshall be subject to mandatory sinking fund mption on the dates .and in the amounts set forth in Schedule A-2 hereto and the Bond Resolution and Schedules A-1 and A-2 attached thereto are hereby amended and supplemented to reflect such principal amount, maturity dates and amounts, interest rates and mandatory sinking fund redemption dates and amounts. ' Section 2. That the sale of the Series 1982 Bonds to John Nuveen & Co. Incorporated pursuant to the -Bond Purchase Agreement as referred to and provided in the Bond Resolution is hereby ratified and confirmed and the sale of the Series 1982 Bonds shall be at a price of 97.05 8 of par plus accrued interest to the date of delivery of the Series 982 Bonds to said purchasers thereof. Section 3. That Section 5 of the Bond Resolution is hereby supplemente to add thereto the date of the Preliminary Official Statement referred to therein which date is June l0, 1982 and the approval of such Preliminary Official Statement as provideO in such Section 5 is hereby ratified and confirmed and all other approvals, authorizations and directions set forth in such Section 5 are in all respects hereby ratified and confirmed. Section 9. That except as herein amended and supplemented, the provisions o the Bond Resolution as amended and supplemented hereby shall remain in full force and effect, and from and after the effective date hereof, the Bond Resolution shall be supplemented and amended'in the manner herein set forth. Section 5. That the provisions of this Resolution are hereby declared to a separable and if any action, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and Provisions . CIC MICROFILM By JORM MICR6LA9 CEDAR RAPIDS • DES MOIY[S /089 Mi 91 At I Decd lately upon its passage and approval. Passed and approved June 22 �. 1982. r r R Following the completion ofother business before the Council, the meeting duly adjourned. -4- 1 � r MICROFILMED BY .-JORM - MICR+LAB CEDAR RAPIDS DES MOINES I I a M r r State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; that as such I have in my Possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and complete copy of all of the corporate records showing the action taken by the City Council.of said City at a meeting open to the public on June 22 , 1982, relating to the issuance of $19,975,000 aggregate prin�l amount of Hospital Facility Revenue Bonds, Series 1982 (Mercy Hospital Project) of the City of Iowa City, Iowa and related matters. WITNESS'my hand and the Corporate Seal f said City hereto affixed at Iowa City, Iowa, this 22nd day of June , 1982. (Seal) -5- fL'i'�I 1 i 141CROFILMED BY 1. "CORM -MIC RbLA[S ) 1 CEDAR RAPIDS DES'MOVIES Ii � SCHEDULE A-1 Terms of Series 1982 Bonds $2,685,000 Serial Series 1982 Bonds Maturity June _1 Principal Amount 1985 $ 105,000 1986 115,000 1987 125,000 1988 140,000 1989 ' 155,000 1990 170,000 1991 185,000 1992 210,000 1993 235,000 1994 260,000 1995 290,000 1996 325,000 1997 370,000 Interest Rate Per Annum 9.00% 9.25% 9.75% 10.25% 10.75% 11.00% 11.25% 11.50% 11.75% 12.00% 12.25% 12.50% 12.75% $17,290,000 Term Series 1982 Bonds due June 1, 2012 bearing interest at the rate of 13.375% per annum. M. MICROFILMED BY 1. -"JORM 'MICRGSLAO 1 ) CEDAR RAPIDS DES'MOINES I i ■ SCHEDULE A-2 Series 1982 Bonds maturing June 1, 2012 subject to mandatory sinking fund redemption on June 1 of the years and in the principal amounts set forth below: Year Principal Amount 1998 $ 415,000 1999 470,000 2000 535,000 2001 605,000 2002 685,000 2003 780,000 2004 880,000 2005 11000,000 2006 1,135,000 2007 1,285,000 2008 1,455,000 2009 1,650,000 2010 1,870,000 2011 2,120,000 2012* 2,405,000 * Final Maturity 1 iMICROFILMED BY 1 -DORM MICR#LAEi- 1 CEDAR RAPIDS • DES MOINES II r H RESOLUTION NO. 82-163 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1983 BEGINNING JULY 1, 1982. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa, that the following salaries are hereby established for the following persons effective July 1, 1982: City Clerk $ 27.562.00 City Manager $ —42,695.00 City Attorney $44.00 hourly for all legal work, except litigation $49.00 hourly for litigation It was moved by Balmer and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x i Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of June , 1982. ATTEST i MAYOR TY CLERK �f 1 MICROFILMED By + JORM MICRbLAO- j CEDAR RAPIDS • DES MOVES 100 1 r ■1♦ City of Iowa Cit - MEMORANDUM Date: June 15, 1982 To: City ouncil From: City anager Re: FY83 Compensation for City Attorney, City Clerk and City Manager This resolution, appearing on the agenda, will establish compensation for the City Clerk and City Manager for fiscal year 1983, beginning July 1, 1982. The City Attorney has suggested that the hourly rates for the City i Attorney not be increased. (See attached resolution.) The City Council received a survey of city manager salaries with the packet of May 28. A memorandum from the City Clerk is attached. The Administrative Pay Plan for FY83 also is provided. The current salary of the City Clerk is $24,831 and for the City Manager $46,015. The salary increase for City Administrative employees will range from 7% to 10.5% (base salary plus merit increases) beginning July 1, 1982. In addition, administrative employees are eligible for bonuses not exceeding $1,000. bj4/12 i i P MICROr ILMED BY I `JORM 'MIC R6CAB � CEDAR RAPIDS • DES MOINES ' I /090 J� 0 City of Iowa City MEMORANDUM DATE: June 3, 1982 TO: City Manager Neal Berlin FROM: City Clerk Abbie Stolfus RE: FY'83 - Information Neal -the office was so busy while I was at the conference, will not have time to prepare any other information or survey. Among large Iowa cities, all having a finance director or treasurer, or both, Iowa City still pays the lowest salary. My 15 year salary is still lower than most beginning salaries in large cities. In the United States, on the last survey of clerks (that I know about) taken by the City, which included university cities in our population bracket, these Clerk's salaries were so high, the survey wasn't shown to Council. I don't imagine this has changed. As you can see by the attached list of duties and functions for the U.S., our office has the same duties as most other IIMC cities, except for elections and finance which the clerks in small population cities perform, and we do them with three persons, instead of 4 -5 -or 6, as the survey shows. MICROFILMED BY j JORM MICR OLAB 1 CEDAR RAPIDS DES MOINES I i i /0 J r APPENDIX ('luJiratcs a Durr prirrfr•J un Um Cho•srionuuin•./ Nm uber Municipal Clerks 'N P Clerks Iluties and Functions Respmding (111 'Alain tai as official recordsSdocuulell Is (,M*Answers inquiries from other departments and citizens 67.1 *Custody of City Seal ,72 Cou tersignsufticial documents 1169 •klaintains Official Council Alinu[CS Book 1107 *Alallltairls Official Oldlrlance S Resolution Books 6111 'Records Council Minutes 624 ',%rianges and prepares for Cuuncil Alecling, 615 Administers oaths 015 +SupervisesclerlcalStaff 547 *Conducts ni nlicipal elections - 449 *Issues business licenses- ✓1:r,n✓t „5 •-NIJlrltalns vole) registration lists 2SS 'Cuuducts state elections 1S6 •Cuuducts federal elections '58 *Recorder ul'sitalstalistics 12 'Finance Uileclur 211 'Administrative head of•siaff 199 0Ficaiurer 1"7 Secretary 11, other bolds. Icllels ul apputmnlent, membership records 149 •'1'J.ccollector 115 Accounts, payroll, hilling,boukkeepiug,Cie. 110 Licenses (bunting, fishing, beekeeping, bike, dug) Personnel duties, training and developmc n 71 Annexation, assessment, bind issu,ue Pflot. and records 6.1 'Supervises print Shop t Budget preparuliun-Lir rlc �_ j1�pj, ( 4Legal advertising -bid opening (Z -I -J Issue llwji •c, take appli'aliol I'ur zuuink, building Zllus. valances, newspaper collection, 9JIer/sewer service 49 I'uchasing officer 47 Court elclk duties 47 Member of boards -Pension, Floud Ahmelocnt, Public Transportation, etc. 15 Sale of cemetery plots, issue deeds, reculdskecping 43 Munirlp:d Code Maintenance. 43 City Utilities management, billing 40 Ihpuly voter registrar 31 Secretary to Council gal+u �/.y,�IJ• C -„M, 36 Insurance claims, records 34 Public relations, public infurnmation officer 33 Afayor'ssecretary they: alntain project and subdivi io piles, Process applications to Boarsds n& �ODIm. of :5lunicipe1 Clerks Clerks Uulics and Functions Regwuding 10 Liaison bel"Ceo snd'I'and administration _'6 Rccurding ul sobdivisiuns, vacatiuns, annexations, deeds, land 'S 'Mounislers welfare prugral s O Micwilluing 2 Mail fuum, ncessetlyen service W Relilenn•nl/pensium plans IS Sinn city Checks I1 111epa R• UldllrallCG, r's,lollurls, Icglslatlull' IS Is,uc uJniage licemxs 17 I•Icp.uc urs busks, 'cc -lids, issue delinquent n„tices 17 (ill)' Nhoager secfclary/asslslant 16 Sahvmanagemeni of rily plupelly Ili 'fix,:uscssment, tide search ullicer IS IIIFC\Inicllt of oily funds 14 Writes newspaper column, newslelters, calendars. etc. 14 I:ICclion Julies -Canvassing, division of precincts voting machines, Po fa,%, 13 ('ily Al:magcr also City Clerk, or acts in his ab,cnce It Sele, nee service I3 Nulaly public 12 Fx oflicin assessor 1 I ('taints against city 10 Central colilnmllicaliuns 111 Administer use of public buildings, also decunuing of 10 I(eseJrcll ho Council agenda, special projects I u Issue license plates to City vehicles, keep lilies Wlillen Ibllrl_v�, oI. Council action to citizens, utl_cr dpartlnenis S SLMalOmcliuls 1 Supervisor ol'%VJler Dcparlmew OCuuncil Minuteildex-ordinances,fesnhrtious S Issue Bulial permits 7 Data processing 7 Writes pruch mations, Commendations 7 Zoninguffcer © Follow upcontmcts 6 Animal control, rabies clinics 6 Ia931 advisor to governing body 6 Collective bargaining/unions 6 Issue street numbers 6 City map Confidential aide to governing 6 g budy(Atayw or $assist: I Iss'uedert. to Taxicabs Process charter amendments, initiative/ C2) referendum petitions Testify in Court 070 1 MIDADFI(14ED BY l 1. JORM MICR46LAB _J CEDAR RAPIDS DES MOINES I I i C. 160 North Altadella Drive. Pasadena. Cal. 91107 MUNICIPAL CLERICS' SALARIES & RESPONSIBILITIES In October 1981, a salary and duties questionnaire was mailed to all of the 6,000 IINIC members. By January 1982, responses had been received from 3,750 members, a 6201c response. Of the full - tune clerks who responded, 2,905 were from the United States, 250 from Canada, 2 from Australia, 2 from Israel, 2 front Great Britain, and I from the Phillipines. YEARS AS MUNICIPAL CLERIC The municipal clerk is known in local government for providing continuity in government through long years of service. EMPLOYEES IN CLERK'S OFFICE Average Average No. Percent Salary Population UNITED STATES 1 Perso„ Office 416 14% $14,000 7,800 2 Employees 752 26% 16,660 10,660 3 Employees 603 21% 18,620 11,870 4.5 Employees 604 21% 21,560 25,730 6.10Em t�ogoss 411 14% 25,110 48030 T12 mP yeos 69 2°/a 28,070 119:580 21 + Employees 26 1% 37,730 353,160 III the United Slates, the typical clerk's office has tw'o to live employees. In Canada file staff is sornrw'hat larger - typically four to icon empinyccs. As Is shewfl in the charts below, larger staff are typical of the much larger municipalities. We have sante responsibilities, 3 employees. MUNICIPAL CLERKS' RESPONSIBILITIES the municipal clerks profession has a coherent set of respun- smilities which most municipal clerks perform. In three salary surveys and two educational surveys over the past ten years IIMC has consisirmly found that the municipal clerk in 9Wo of the municipalities of every size and in every area: • Maintains official records and documents, is ,Answers inquiries from other municipal departments and citizens, • Has custody of city seal, • Maintains official council minutes book, • Maintains official ordinance and resolutions books, • Records council minutes, o Countersigns official documents, • Arranges and prepares for council meetings, • Adminislas oaths, and • Supt'r%kcs clericarstaff. the 191182 Smrocy confatmed these findings and then analyzed other rrspunsibihtics within each major area. SURVEY RESPONSE The response to the salary qucstionaire by II\IC members was excellent! Userall, 629'u of the NNIC members responded; ranging Norio 560;6 in Region X to 68006 in Region VI. As the nap below show's, all except) h vh rate of return was given by Saskat- chtwam (T_0;u), Inssv (739'o Montana (7346), Kansas (759'u), North Dakota (78u;o), Ne,v Hampshire (8295) Municipal clerks in larger municipalities more often have the respon•.ibiMy for the clerks office budget only. (Average mmmicipal population reported for these clerks was significantly )urger — 49,000 in the U.S. and 135,000 in Canada). Licenses and Permits Almost 900/0 of the municipal clerks in the United States and Canada issue some kinds of licenses. Building and zoning permits are most often issued by municipal clerks in small municipalities. Business and dog licenses are common fur mid-sized cities. And file larpcst municipalities allot much less of the licensing respmn- sibility to municipal clerks. Municipal clerks are often responsible for vast numbers of licenses. The City Clerk of New Rochelle, N.Y., issue547 types of licenses in addition to the eight listed. Other licenses most often mentioned were Liquor and Beer (223), Peddlers and Vendors (83), Taxis and Limousines (67), and Solicitors (65) in all regions except Canada. Otter licenses mentioned in less than significant numbers, but of more than sufficient curiousity include: Region I — Common Victualing, Quahog, (lees and Ferrels; Region II — lieliport Landing, Precious llclals; Region 111 — Special Aeronautical Events, Due Vehicles; Region IV — Bucket Brigade, Oil Drilling; Region V — False Alarms, Car Stickers; Region VI — Soda, 'Timber Crating; Region VII — Blasting, Block Parties; Region Vlll — Non -Profit Fund Raisers, Firearms Ranges; Region IX — Certificate of Public Convenience and Necessity, Wood Stoves, Solar Permits; Region X — Tag Days, Beer Gardens, and flay and Wood I -cases. Records Management All but eight of the 3,162 full-time U.S. and Canadian respondents art mspmulble for sonic area of Records Alan:hgc- man[, usually including basic responsibility for (1) tine lnunicipali. Ig's essential records, (2) council or town Turtling miuulcs, and (3) codes, ordinances, or articles of incorpora ion. In every region and every population group 76% to 989'6 of the lespoudcnts manage these three areas. Alc hiscs and Recolds Disposal is it responsibility for 650,0 of he municipal clerks in all sizes of municipality (average population 26,OW in file U.S.; 54,000 in Canada). Alicmofdmiug is within he clerk's anew of control for 189'u of the respondents and most dchnitely in largo cities. Huff of the U.S. clerks in cities above 50,000 population are responsible for microfilming. The :average PuPulniun of a municipality with clerk responsible for microfnlua- ing is 62,700 in the U.S. and 102,(XX) in Canada. 141CROFIL14ED BY i i -JORM MICR46LAB j CEDAR RAPIDS • DES 140@IES %d%a J r SALARY AND MUNICIPAL ^)PULATION In larger cities the municipal clerk's salary is higher than it is in snlailer municipalities. This is true in each of the ten IIMC regions This trend was apparent in the 1979.80 salary survey and is confirmed by the 1981.82 data. Size of mm"iciPality served is a major factor affecting the municipal clerk's salary. Tile table below summarizes average salary in six population groups for each region. A person can use these averages with some confidence. Flits bulletin Previously identified five factors that correlate Positively with higher salary: (I) more education, (2) attainingeer• tilication, (3) larger municipal population, (4) longer service as municipal clerk, and (5) greater administrative responsibility. In each of these categories the clerks who arc male as a group exceed those who are female. Gender joins regional cost of living and the five elements listed abuse as a factor that significantly iniluences average municipal salary. IIMC REGION I 11 III IV V PRC' SSIONAL EDUCATION This is he third salary survey since file 11111C Certification pro. gram was initiated luelve years ago. At the beginning of 1982, 1,071 active members held the Certified Municipal Clerk (or Associate Certified Municipal Clerk) designation, and 752 C,1,Cs (plus 27 AC SICs) returned the questionnaire, a 73414 response. Ptofe.ssiunal education has a strong effect on he nmuicipal clerk's av' Mge salary. Municipal clerks with CHIC have higher salaries than those without CMC in every region and in nsursicipalitics of esrry size. In the United States, the average salary of C,%ICs is $3,960 higher than that of Non•C\ICs. SALARY AND REGION Municipal clerks in the United Stales and Canada ears more in metropolitan areas and in areas where the cost of living is usually higher - generally in the west. Salaries analyzed in the table below show the influence of regional cost of living in the U.S. The Midwest has a high Cost of living, we are next to the highest area. MUNICIPAL CLERKS' AVERAGE ANNUAL SALARY 13Y IIMC REGION AND MUNICIPAL POPULATION POPULATION UNDER POPULATION 2,000• POPULATION POPULATION 2,000 4,999 5,000• 9,999 10,000- 19,999 POPULATION POPULATION 20,000• OVER 49,999 50,000 $12,270 $15,090 $16,470 $18,010 $21,860 12,330 17,270 19,990 21,300 23,390 11,990 15,130 18,520 20,940 24,930 12,490 15,300 17,120 19,830 22,240 11,160 15,200 17,350 19,790 23,040 VII 11,460 14,970 17,510 21,810 21,400 VIII 13,490 18,180 20,430 25,270 25,540 IX 18,830 22,760 23,890 25,320 28,470 U.S. TOTAL $13,130 $16,890 $18,960 $20,310 $24,080 X CANADA $22,740 $26,880 $32,760 $33,570 $38,340 tf' MICROFILMED BY j - JORM MICRE/LAE3 -i CEDAR RAPIDS • DES M018E5 - j i i L. $25,830 28,500 29,260 28,250 28,150 29,470 26,630 33,340 $29,020 $43,660 1090 1 y RESOLUTION NO. 82-164 RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR ADMINISTRATIVE EMPLOYEES WHEREAS, the City of Iowa City employs certain employees referred to as Administrative personnel, and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that Administrative employees shall receive compensation as established by the FY83 Administrative Classification/Compensation Plan. It was moved by McDonald and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i x Balmer I x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of nJune 1982. MAYOR ATTEST: ITY CLERK Received S. Approved By The Legal Deparlrhetit a I MICROFIL14ED BY - 1 I "DORM MIC RbLA BA J LF�\. 1 CEDAR RAPIDS • DES 14018ES ILL r I t GRADE I A u C 0 I U 52-01 52-02 53-01 53-02 53-03 53-04 53-05 53-06 53-07 53-08 53-09 53-10 53-11 53-12 53-13 53-14 53-15 53-16 53-17 ADMINISTRATIVE PAY PLAN JULY 1, 1981 MINIMUM 7.27 581.60 15121.60 1OV. yo 7.82 625.60 16265.60 /71/09. N0 Asst. Supt. - Water Hr. 8.41 Animal Control Supv. Biwk. 672.80 Annual 17492.80 19-7-20-00 Sr. Bldg. Inspector Hr. Purchasing Agent Biwk. CDBG Coordinator Annual Development Prog. Coord. Senior Planner Transportation Planner Asst. City Engineer Asst. Supt. - Pollution Control Housing Coordinator Airport Manager Equipment Supt. Parking Systems Supt. Treasurer Library Coordinator - Community Services Library Coordinator - Information Services Library Coordinator - lechnical Services Library Coordinator - Youth Services 9.05 724.00 18824.00 �wI3yYo MICROFILMED BY i 'JORM MOCR46LA19 -� CEDAR RAPIDS DES MOINES I MIDPOINT POSITION TITLE 50-01 10.11 Hr. 695.20 808.80 Biwk. 18075.20 21028.80 Annual 51-01 Civil Rights Specialist Hr. 51-02 Word Processing Supv. Biwk. 51-03 Asst. Transit Mgr. Annual 51-04 Asst. Supt. - Streets 51-05 Asst. Supt. - Solid Waste 51-06 Energy Coordinator ,2L 395. -10 51-07 Information Specialist 51-08 Library Coord. - Circulation 52-01 52-02 53-01 53-02 53-03 53-04 53-05 53-06 53-07 53-08 53-09 53-10 53-11 53-12 53-13 53-14 53-15 53-16 53-17 ADMINISTRATIVE PAY PLAN JULY 1, 1981 MINIMUM 7.27 581.60 15121.60 1OV. yo 7.82 625.60 16265.60 /71/09. N0 Asst. Supt. - Water Hr. 8.41 Animal Control Supv. Biwk. 672.80 Annual 17492.80 19-7-20-00 Sr. Bldg. Inspector Hr. Purchasing Agent Biwk. CDBG Coordinator Annual Development Prog. Coord. Senior Planner Transportation Planner Asst. City Engineer Asst. Supt. - Pollution Control Housing Coordinator Airport Manager Equipment Supt. Parking Systems Supt. Treasurer Library Coordinator - Community Services Library Coordinator - Information Services Library Coordinator - lechnical Services Library Coordinator - Youth Services 9.05 724.00 18824.00 �wI3yYo MICROFILMED BY i 'JORM MOCR46LA19 -� CEDAR RAPIDS DES MOINES I MIDPOINT MAXIMUM 8.69 10.11 695.20 808.80 18075.20 21028.80 Xa SZs. &0 9.39 10.95 751.20 876.00 19531.20 22776.00 O y377. 60 10.14 11.86 811.20 948.80 21091.20 24668.80 ,2L 395. -10 10.95 12.85 876.00 1028.00 22776.00 26728.00 �2 k&eo. 00 1 •'-�-,_ � to ICROFILNED BY ��.-,• ) 1 -JORM-MICR6LAB -- �y I CEDAR RAPIDS DES M014ES I I•fINImum MIDPOINTMAXIMUM GRADE POSITION TITLE pl 54-01 Fire Marshal Hr. Hr. 9.05 724.00 10.70 856.00 12.35 988.00 Annual 18824.00 4o 3,1, VO 22256.00 25688.00 �?FSOa,re) E 55-01 Cemetery/Forestry Supt. Hr. 9.73 778.40 11.82 945.60 13.91 1112.80 55-02 Parks Supt. Biwk. Annual 20238.40 7//.5�.�0 04585.60 28932.80 30 95�• /O 55-03 Traffic Engineer 55-04 Asst. City Attorney 55-05 Asst. City Manager ' 55-06 Controller 55-07 Asst. Library Director i j E 56-01 Police Sergeant Hr. 9.73 778.40 10. 73 858.40 11.73 938.40 i 1 Biwk. Annual 20238.40 65�•10 22318.40 24398.40 ,273/0, �0 F 57-01 Pollution Control Supt. Hr. 10.52 841.60 12.89 1031.20 15.25 1220.00 j 57-02 Recreation Supt. Biwk. Annual 21881.60 ?SLIV v 26811.20 31720.00 g 3 gys: 60 57-03 Streets/Sanitation Supt. 57-04 Water Supt. 57-05 Transit Manager j F 58-01 Police Captain 1{r, Biwk 10.52 841.60 11.60 928.00 12.68 1014.40 0•VO 1 Annual 21881.60 i(c) 24128.00 26374.40 w9.3y F2 59-01 Deputy Police Chief Hr. 10.52 841.60 12.09 967.20 13.66 1092.80 Biwk, Annual 21881.60 ?3 !>o.90 25147.20 28412.80 3/ 3a`/• PV E F3 60-01 Battalion Chief 7.51 841.12 8.33 932.96 9.14 1023.68 Biwk. Annual 21869.12 yd' P4256.96 26615.68 -?9•�Su?96 (56 hr. work week) 1{r, 11.37 14.05 16.72 O 61-01 Biwk. 909.60 1124.00 1337.60 Annual 23649.60 0.531.5.60 29224.00 34777.6037,2//, yfl !0 •'-�-,_ � to ICROFILNED BY ��.-,• ) 1 -JORM-MICR6LAB -- �y I CEDAR RAPIDS DES M014ES I r UNCLASSIFIED I. UNCLASSIFIED - City Clerk 70-01 - City Manager 70-02 - City Attorney 70-03 MICROMMED 9Y ..l � _JORM MICR6LA13 i CEDAR RAPIDS DES MOINES I POSITION TITLE MINIMUM MIDPOINT MAXIMUM 62-01 H.I.S. Director Hr. 12.30 15.31 18.32 62-02 Human Relations Director Biwk 984.00 1224.80 1465.60 62-03 Library Director Annual 25584.00 -273 31844.80 38105.60 11076,rOt7 63-01 Fire Chief Hr. 12.30 14.35 16.40 Biwk. 984.00 1148.00 1312.00 Annual 25584.00 .7 737-- SO 29848.00 34112.00 57f o6• Yo 64-01 PPD Director Hr. 13.30 16.69 20.08 64-02 Parks & Rec. Director Biwk. 1064.00 1335.20 1606.40 Annual 27664.00 �95W' Yo 34715.20 41766.40 Jo 65-01 Finance Director Hr. 14.38 17.23 20.08 65-02 Public Works Director Biwk. 1150.40 1378.40 1606.40 Annual 29910.403doii. DO 35838.40 41766.40 9. .2o 66-01 Police Chief Hr. 14.38 16.36 18.33 Biwk. 1150.40 1308.80 1466.40 Annual 29910.40 3ooii.aD 34028.80 38126.40 67-01 Sr. Center Coordinator Hr.� 9.52 11.28 13.03 Biwk� 761.60 902:40, 1042.56 Annual 19801.60 23462.40 " 27,106.56 67-02 Program Specialist Hr. X7.72 9.41 .. ' id.02 Biwk. 61728 752.80" 881.92 Annual 16049.28 19572.80 22929.92 UNCLASSIFIED - City Clerk 70-01 - City Manager 70-02 - City Attorney 70-03 MICROMMED 9Y ..l � _JORM MICR6LA13 i CEDAR RAPIDS DES MOINES I r a.,4 I RESOLUTION NO. 82-165 RESOLUTION ESTABLISHING A CLASSIFICATION/COMPENSATION PLAN FOR CONFIDENTIAL EMPLOYEES WHEREAS, the City of Iowa City employs certain employees referred to as Confidential personnel, and WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that Confidential employees shall receive compensation as established by the FY83 Administrative Classification/Compensation Plan. It was moved byLynch and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson _ X Erdahl x Lynch x McDonald x: Neuhauser x Perret I Passed and approved this 22nd day of June 1982. n, iAA4 MAYO ATTEST: v CITY CLERK — Q t�c1t 11A�1 Y MICROFILMED BY I JORM MICRAI LAB- 1 CEDAR RAPIDS DES MOINES Rt-colvcd & Approved DyMTh�oo LeD rintenl M9X J�I r City of Iowa Cit, MEMORANDUM Date: June 17, 1982 To: City Council From: Anne Carroll, Director of Human Relations Re: FY83 AFSCME, Administrative & Confidential Employee Pay Plans The AFSCME, Administrative and Confidential pay plans are included for your review. The AFSCME pay plan reflects the negotiated 7.8% salary increase and the classification changes arrived at through the AFSCME job evaluation study. As the AFSCME contract has already been approved by Council, the pay plan need not be established by resolution. The FY83 Administrative pay plan reflects both the 7% adjustment previously esed by following on changes, as through seofthe Hayes/Hill evaluation system iSr. Accountant - Initial classification following creation Of position which was budgeted for July 1, 1982. Program Specialist - Senior Center - Initial classification following opening of the Senior Center. Sr. Center Coord- inator - Initial classification following opening of the Senior Center. Asst. City Attorney II - Increase in classification through addition of staff/work coordination duties. Asst. City Attorney I - Decrease in classification through re-evaluation of existing duties. Asst. City Manager -Increase in classification through addition of Equipment Division administrative duties. Energy Coordinator- Decrease in classification through reduction to part-time status. MICROFILMED BY JORM-MICR6LA9 I CEDAR RAPIDS DES MOINES I i iO 9a f� Personnel Generalist - Transferred from Confidential to Administrative pay plan. Asst. City Engineer - No change in classification, a temporary labor market competitive salary range was created for the position. The Confidential pay plan reflects the 7.8% adjustment previously approved by Council and the classification changes arrived at through the Confidential job evaluation study. MICROFILMED BY 1_ JORM-MICR6LA9 J� CEDAR RAPIDS • DES MOINES io93 r City of Iowa Cit,. - MEMORANDUM Date: June 15, 1982 To: City Council From: Anne Carroll, Director of Human Relations Re: Confidential Job Evaluation Study In conjunction with the AFSCME job evaluation study, we also recently completed a study of the classification of all Confidential positions. This study was necessary because of our long precedent of equivalent compensation for comparable AFSCME and Confidential positions. In the City Manager's recommendations for FY83 compensation for Administrative and Confidential employees, submitted to you last February, it was proposed that any salary adjustment necessitated by the Confidential study be funded from monies saved from a realignment of some of the Confidential salary steps - anticipated cost savings were $3,500. Unfortunately, due to a slightly higher number than expected of Confidential positions rising in classification, which negated cost savings for these positions, allocation of an additional $2,400 in costs is requested and when totalled with savings will provide the $3,800 necessary. (Total Confidential payroll is approximately $350,000.) The additional $2,400 would be used to move Confidentials to the nearest step in the new salary range and to fund unbudgeted merit increases, where appropriate. With the allocation of the requested $2,400 no additional funds will be necessary to complete the Confidential Job Evaluation Study. The new Confidential pay plan is also attached for your approval. tp2/11 la9a- 1 t MICROFIL14ED BY -DORM MICROLAB -I I� I CEDAR RAPIDS DES MOINES r 1 a •: CONFIDENTIAL PAY PLAN , FY83 (July 3, 1981) 1 2 3 4 5 6 Word Processing 6.03 6.40 6.76 6.88 6.99 7.10 7.21 7.34 7.46 7.59 7.80 Operator 482.40 512.00 540.80 550.40 559.20 568.00 576.80 587.20 596.80 607.20 624.00 12542.40 13312.00 14060.80 14310.40 14539.20 14768.00 14996.80 15267.20 15516.80 15787.20 16224.00 Administrative 6.22 6.61 6.99 7.10 7.21 7.34 7.46 7.59 7.72 7.86 8.08 Clerk/Typist 497.60 528.80 559.20 568.00 576.80 587.20 596.80 607.20 617.60 628.80 646.40 12937.60 13748.80 14539.20 14768.00 14996.80 15267.20 15516.80 15787.20 16057.60 16348.80 16806.40 Administrative 6.65 7.06 7.46 7.59 7.72 7.86 8.00 8.14 8.27 8.42 8.65 Account Clerk 532.00 564.80 596.80 607.20 617.60 628.80 640.00 651.20 661.60 673.60 692.00 13832.00 14664.80 15516.80 15787.20 16057.60 16348.80 16640.00 16931.20 17201.60 17513.60 17992.00 Admin. Sec. - Legal 6.89 7.31 7.72 7.86 8.00 8.14 8.27 8.42 8.57 8.72 8.96 Admin. Sec. - Police 551.20 584.80 617.60 628.80 640.00 651.20 661.60 673.60 685.60 697.60 716.80 Admin. Sec. - Recreation 14331.20 15204.80 16057.60 16348.80 16640.00 16931.20 17201.60 17513.60 17825.60 18137.60 18636.80 Admin. Sec. - pp0 Admin. Sec. - NIS/PW ' Personnel Assistant Admin. Sec. - Finance 7.11 7.56 8.00 8.14 8.27 8.42 8.57 8.72 8.87 9.04 9.30 i Admin. Sec. - Library 568.80 604.80 640.00 651.20 661.60 673.60 685.60 697.60 709.60 723.20 744.00 Deputy City Clerk 14788.80 15724.80 16640.00 16931.20 17201.60 17513.60 17825.60 18137.60 18449.60 18803.20 19344.00 Legal Assistant Admin. Sec. - City Mgr. 7.33 7.77 8.20 8.34 8.48 8.63 8.78 8.93 9.08 9.25 9.52 586.40 621.60 656.00 667.20 678.20 690.40 702.40 714.40 726.40 740.00 761.60 I 15246.40 16161.60 17056.00 17347.20 17638.40 17950.40 18262.40 18574.40 18886.40 19240.00 19801.60 Sr. Driver 8.06 8.47 8.87 9.04 9.21 9.40 9.SB 9.74 9.90 10.10 10.39 ( Accountant 644.80 677.60 709.60 723.20 736.80 752.00 766.40 779.20 792.00 808.00 831.20 j 16746.80 17617.60 18449.60 18803.20 19156.80 19552.00 19926.40 20259.20 20592.00 21006.00 21611.20 16 I I i i O !.o I I' 141CROFILMED BY ,I -JORM MIC R6 A13 l L / CEDAR RAPIDS • DES MOINES I i r RESOLUTION NO. 82-166 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Big Brothers/Big Sisters Program is a non-profit program of the Johnson County Extension Service which is organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer I z Dickson z Erdahl z Lynch i z McDonald X Neuhauser z Perret Passed and approved this 22nd day of June /I 1982. Aai MAYOR ATTEST: CITY CLERK Received & Approved By Tile Le al Department �e_ MICROFILMED BY JORM MOCR46LAB .l CEDAR RAPIDS DES MOINES � I 1093 i 1 J r Ll 1-1 AGREEMENT This Agreement was made and entered into on the aiL-4- day of Jwi^ ✓ 1982, by and between the City of Iowa City, Iowa, a municipalO corporation, hereinafter referred to as the "City," and Big Brothers/Big Sisters of Johnson County, hereinafter referred to as "BB/BS," Program for a period beginning with the signing of this Agreement and terminating on June 30, 1982. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The BB/BS Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The BB/BS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The BB/BS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who will provide guidance and companionship. II. FUNDING The City of Iowa City shall pay to the BB/BS Program the sum of $18,100 in I FY83 with the agreement that these funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein i described. I III. GENERAL ADMINISTRATION A. The City will transfer the funds to the BB/BS Program in quarterly payments of $4,525 each. The first payment will be made at the time of signing of this agreement. B. The BB/BS coordinator shall submit quarterly program reports and an annual report to the City. 1 MICROFILMED BY i JORM MICRE/CAB -� f CEDAR RAPIDS • DES MOINES r I I 2 C. HAS will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, the coordinator shall be considered an employee of Johnson County Extension Service and any fringe benefits received by the coordinator shall be through the Johnson County Extension Service. The Coordinator of the HAS Program shall adhere to the personnel policies of Johnson County Extension Service. E. The BB/BS Program shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. i The failure of the HAS Program to maintain such a policy shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. The Johnson County Extension Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify, and save harmless the City of Iowa City and its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, or for any torts or wrongdoings caused by the HAS staff, but not limited to any injuries to persons or property served by or coming into contact with the BB/BS Program. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing by the parties hereto and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 1093 141CROFILMED BY JORM MIC R(SLAB - _l � CEDAP. RAPIDS DES M0I4E5 1 ki 3 For the City of IIo'wa, I1owa: . MARY C. NqJHAUbLK, MAYOR ATTEST: BB E ST LFUS, W I# CLERK Received & Approved B The Legal Derfinent I 1 For the Big Brothers/Big Sisters of Johnson County: NAME qpLIA41,4 LA41r TITLE \ p� ATTEST:^—'�"� NAME BB/BS President TITLE i 141CROFIL14ED BY I �--JORM--MICR#LAE3 l CEDAR RAPIDS • DES WINES to q3 r 4 RESOLUTION NO. 82-167 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and WHEREAS, the Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services, and emergency food and basic needs assistance to persons in need, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Crisis Intervention Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x x Lynch x McDonald x Neuhauser x Perret ! Passed and approved this 22nd day of June 1982. MAYOR ATTEST: CITY CLERK �. R"Oved & Approved By The Legal Department /09V E 1 - , i MICRUILMED BY --JORM MICR6LA13 CEDAR RAPIDS • DES MOMES I LF..\. t' 1 LL_ — AGREEMENT Thi Agreement was made and entered into on the 6 day of 1982, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Iowa City Crisis Intervention Center for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Iowa City Crisis Intervention Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to individuals including, but not limited to, short-term crisis counseling and information and referral services; emergency transportation and food provisions for local residents; and vouchers and arrangements for emergency shelter, food and transportation assistance for non-residents of the Iowa City area. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $13,730 in FY83 with the agreement that $7,130 shall be allocated toward operating expenses of the Emergency Assistance Program and $6,600 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Crisis Center in quarterly payments of $3,432.50 each. The first payment will be made at the time of signing of this agreement. la 9y 141CRof IL14ED BY 1 --CORM MICRbLAB- CEDAR Rgl'IDS DES 14014E5 I r 2 B. The Iowa City Crisis Intervention Center Director will submit quarterly program reports and an annual report to the City. C. The Iowa City Crisis Intervention Center will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement staff shall be considered employees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the said Iowa City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall comply with personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Iowa City Crisis Intervention Center acting as its own agent agrees to defend indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Iowa City Crisis Intervention Center staff, including but not limited to injuries to persons or properties served by or coming into contact with the Iowa City Crisis Intervention Center. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. MICRorIL14ED BY JORM MIC R#LAB 1 CEDAR RAPIDS DES MOINES f I /a9 je 1 3 For the City of -Iowa, Iowa: MARY "--. NHAUSERV`MAYOR i ATTEST: �� A' ABBIE STOLFUS, CIT CLERK I� FortheIowa City Crisis Center: NAME Received & Approved By ho Legal Department `yr�t/-�° /o9y i 141CROFILMED BY `DORM-MICRbL AB- CEDAR RAPIDS DES MOINES a- 1 J1i 1 r RESOLUTION NO. 82-168 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE DOMESTIC VIOLENCE PROJECT. WHEREAS, the City Council of Iowa City deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Project is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to domestic violence victims, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Project is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i X Balmer x Dickson X Erdahl x Lynch _X McDonald x Neuhauser X Perret Passed and approved this 22nd day of June , 1982. MAYOR IL 19 ATTEST: i CITY CLERK Received & Approved By The legal Department {AICRDEILMED BY JORM MICROLAB � CEDAR RAPIDS DES Id018E5 I 1 I /to 9s A It r ADDENDUM TO CONTRACT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC. , DBA DOMESTIC VIOLENCE PROJECT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER -FOR VICTIMS OF SPOUSE ABUSE This Agreement, entered into this 74A day of182, �/, by and between the City of Iowa City, a municipal co .oration, (here?n referred to as the "City") and Out of Danger, Inc., dba Domestic Violence Project (formerly Aid and Alternatives for Victims of Spouse Abuse), a Private non-profit entity, (herein referred to as "the Project") is an addendum to the origihal contract dated December 11, 1979; Amendment One dated August 26, 1980; and Amendment Two dated December 30, 1980 for the provision of an emergency shelter for victims of spouse abuse. Now, therefore, the parties hereto agree to the following in performance of this contract addendum: 1. The Project will use the financial assistance provided under this agreement to perform roof and incidental repairs to said emergency shelter. 2. The City will pay and the Project agrees to accept in full the sum of two thousand six hundred ten dollars ($2,610) for performance under this agreement; to be paid upon presentation of an executed contract for the above stated repairs. 3. In the event that the Project elects to sell or otherwise transfer legal or equitable interest in the emergency shelter (property) fullrto amountpofm$2,,610. This amount isProject inwill additi n tothe theCity ,000 previously paid by the City to the Project for acquisition and rehabilitation of the property. 4. All other stipulations of the original contract dated December 11, 1979; Amendment One dated August 26, 1980; and Amendment Two dated December 30, 1980 will remain in full force and effect. In witness whereof, the parties hereto have executed this Agreement on this 7FA day of _/,,,Iti , 1982. CITY OF IOWA CITY BY IIMw. e ��D�,1�nli�. Mayor Attest -2.l CI?Y t jer?e�%_.+� Rocalvad & Approvad BYThe Legal DepariTmnt 6 -"z S_ P'a OUT OF DANGER, INC. dba DOMESTIC VIOLENCE PROJECT Witness MICROFILMED BY -JORM MICROOLAB CEDAR RAPIDS - DES MOINES /40,91 - 1 J r AGREEMENT Tq Agreement was made and entered into on the day of 1982, by and between the City of Iowa City, Iowa, a munic al corporation, hereinafter referred to as the "City," and the Domestic Violence Project for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to— wit: 1. The Domestic Violence Project shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Domestic Violence Project shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Domestic Violence Project agrees to provide assistance to individuals who are victims of situations of domestic violence including, but not limited to, temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. II. FUNDING The City of.Iowa City shall pay to the Domestic Violence Project the sum of $7,500 in FY83 with the agreement that these funds will be allocated toward operating expenses of the Domestic Violence Project. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Domestic Violence Project in two payments of $3,750 each. The first payment will be made at the time of signing of this agreement and the second on January 1, 1983. B. The Director of the Domestic Violence Project will submit quarterly program reports and an annual report to the City. MICROFILMED BY f JORM MIC RbLAB I j CEDAR RAPIDS DES MOINES I � /o y. - 1 F C. The Domestic Violence Project will provide to the City a quarterly accounting of funds and a report at the end of the contract period. 0. For the purposes of this agreement staff shall be considered employees of the Domestic Violence Project and any fringe benefits received by the staff shall be through Domestic Violence Project. The employees and agents of the Domestic Violence Project shall comply with personnel policies formulated by its Board of Directors. E. The' Domestic Violence Project shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Domestic Violence Project to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Domestic Violence Project acting as its own agent agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Domestic Violence Project staff including, but not limited to, injuries to persons or properties served by or coming into contact with the Domestic Violence Project. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. I-0ICROFILMED BY JORM MIC RbLAB j I � CEDAR RAPIDS DES 14O1YES � i i a -, LF:... 3 For the City of Iowa, Iowa: VVLClL1 � �OIIY,AI I,n MARY C. NE IAUSER, MAYOR ATTEST:. ABBIE STOLFUS, CIT CLERK For the Domestic Violence Project: nME TITLE ATTEST: RecriFmd % .4pprry-d By ma Loan! De?+ri"r-O t f" M ICROFIL14ED BY -JORM MICR46LA13- CEDAR RAPIDS DES MOINES I 0 /at.S A -l7.•,rc.�; ;r RESOLUTION NO. 82-169 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older' -people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Elderly Services Agency of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved byLynch and scond by E that the Resolution be adopted, and upon rollecall here werdahl r AYES: NAYS: ABSENT: xBalmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser Perret Passed and approved this 22nd day of June 1982. / 1 MAYO ATTEST: LiliTY CLERKAI ` lLKn,v_••; 3_ .. ^` - I>rnYi`KI by 1)10 bujul c; aro :etrt i6 �Z 141CROFIL14ED BY I I JORM MICR6LAB- 7 r CEDAR RAPIDS DES MOINES r AGREEMENT This Agreement was made and entered into on the ¢-1982, by and between the City of�y—Iowa, 19 /A day oa munici 1 corporation, hereinafter referred to as the "City," and the Johnson County Elderly Services Agency, hereinafter referred to as the ESA for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. ESA shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The ESA agrees to provide to elderly residents of Johnson County the information and support services herein described, in order to identify and assist in responding to their needs and concerns. 1. The ESA agrees to provide a comprehensive Information and Referral service for elderly residents of Johnson County which shall include the following components: a. Maintenance of a current information file on services and resources available to Johnson County elderly. b. Publicization of the ESA Information and Referral service through available media resources . C. Response to requests for information about community resources for the elderly and referral of elderly individuals to appro- priate resources to meet their needs. d. Follow-up on referrals, as appropriate. by contacting the person referred to determine whether the referral met the need expressed. 1� nICRUILMED BY _! I -JORM M IC RbLAB 7 I CEDAR RAPIDS DES h101HE5 I r 2 e. Maintaining records of all Information and Referral contacts and related calls in la, Id and le, including specific informa- tion on needs which cannot be met by existing resources. 2. The ESA agrees to provide an Outreach service to identify needs and concerns of elderly persons in Johnson County and to inform them of ESA and other community services available to assist in meeting such needs. a. The ESA shall publicize its Outreach service through available media resources. In addition, the ESA shall maintain a speakers bureau to provide information on available services, as well as concerns of the elderly, to citizen, professional and other community groups in an effort to utilize persons who may be aware of individual elderly needs to reach as many elderly persons as possible. b. The ESA shall provide a referral or liaison to community resources where necessary and appropriate. C. The ESA shall record and maintain information on needs which cannot be met by existing resources. 3. The ESA agrees to coordinate a Chore and Support service for Johnson County elderly in need of same. a. Coordination shall include recruitment, screening, and matching of volunteers and clients; maintenance of a current file of available volunteers; and follow-up to assure satisfaction of both parties. b. Chore services to be provided shall include minor home repairs, yardwork, and snow removal. C. Support services to be provided shall include friendly visiting, telephone reassurance, good neighbor, and transportation assistance. 4. The ESA agrees to provide advocacy for the needs and concerns of Johnson County elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policymakers, business and civic community groups on unmet needs brought to the ESA's attention through its Information and Referral and Outreach services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to ESA's Information and Referral, Outreach, and Chore and Support Service programs when a client has difficulty in obtaining a service or when provision of a service is unsatisfactory. 1 I 141CROFILECR 1 JORM MfLAB' ) J i CEDAR RAPIDS MD CVCS I /0 9 o J r I M1 I-, 3 II. FUNDING The City shall pay to the ESA the sum of $23,500 in FY83 with the agreement that these funds shall be allocated toward administration, equipment and supplies necessary for the operation of the program described the Senioor Citiagency's administrative Citizen Center. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to the ESA in quarterly payments of $5,875 each. The first payment will be made at the time of signing of this agreement. B. The ESA Director will submit quarterly program reports and a final report to the City. C. The ESA will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, staff shall be considered employees of the ESA and any fringe benefits received by the staff shall be through the said ESA. The employees and agents of the ESA shall adhere to personnel policies formulated by its Board of Directors. E. The ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authriZed t do business in the State of Iowa, in a form app Y Manager. The minimum limits of such a policy shall be as follows: To cover the insured of $300,000 and�for yproperty damage of $25,000. thefor personal injury or death in The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The ESA further agrees that each agent, employee advolunteer uto acting for or on behalf of the ESA will carry personal ty coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. F. The ESA, acting as its own agent, agrees to defend, idemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff, including, but not limited to, injuries to persons or properties served by or coming into contact with the ESA. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. l09� 141CROFILI•IED BY I' -CORM MIC R(SCAB - 1 � CEDAR RAPIDS •DES MOINES i a . •• 4 H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: MARY C. N HAUSER, MAYOR ATTEST: ee7� ABBIE STOLFUS, CITY CLERK geeeived & approved g,� Ij�_Le90l �epod'�'PL For Elderly Services Agency of Johnson County: w NAME TITLE ATTEST:..,%/aa NAME pp TITLE /096 I i i i 141CROFILMED BY ' _ � 1 -"JORM-MICROLAB'' CEDAR RAPIDS • DES MOINES t I i 7 I r RESOLUTION NO. 82-170 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to be disadvantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, the Mayor's Youth Employment Program provides assistance to develop in these youth positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of June 1982. `1M,a,w MAY ATTEST: �� ITY CLERK By Th Legal L)op iHtneul 6I', tt. I-0ICRO(ILMED BY i ` JORM MIC RbLAEI 1 CEDAR RAPIDS • DES MOINES I 1°917 J 1 r LF.... �I AGREEMENT This Agreement was made and entered into on the day of 1982, by and between the City of Iowa City, Iowa, a dunicilpal corporation, hereinafter referred to as the "City," and the Mayor's Youth program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Mayor's Youth Employment Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Mayor's Youth Employment Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Mayor's Youth Employment Program agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 18 who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counseling, and related assistance to youths to develop positive work habits so that future employment opportunities will be enhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. II. FUNDING The City shall pay $23,000 to provide these services during the 1982-83 school year (9.5 months). It is understood that the State of Iowa, the City of Coralville and the Iowa City School District shall also contribute to support the Mayor's Youth program. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Employment Program during the school year program. 107 M1 MICRoEILI•IED BY 1 JORM MIC 1 CEDAR RAPIDS DES MOINES I� _. J r 0 z B. The Mayor's Youth Director shall submit quarterly program reports, minutes, and an annual report to the City. C. The Mayor's Youth Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agreement, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave in accordance with the City's personnel rules. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Employment Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. /097 i 1 MICROFILMED BY -JORM MIC RbLAB � / 1 ' ,J It r V CEDAR RAPIDS • DES MOVIES K-' For the City of Iowa, Iowa: 'Muni,. e ���01c.i nor MARY C. NE AUSER, MAYOR ATTEST: (4114L - c ) ABBIE STOLFUS, CITY CLERK P•ocolved BY1''Ic lea 1 4pAroved E For the Mayor's Youth Employment P rogr rR: N MEE!��� C�GvcuQuiw... TITLE ATTEST:1 )L� AME �D6LL -L) TITLE 1 MICROFILMED DY "JORM MICRI.LAG* CEDAR RAPIDS DES MOINES I f 110;% I,: 1 r RESOLUTION NO. 82-171 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA j CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: j x_ Balmer x Dickson x Erdahl x Lynch x x McDonald i x Neuhauser x Perret Passed and approved this 22nd day of June ✓1 1982. MAYOR ATTEST: �CTY CLERK lictelved & Approved by T11,P Legal Ueparhnenf 1( MICROFILMED BY "JORM-MICR46LAB CEDAR RAPIDS • DES MOINES I M J r a •# AGREEMENT Th�ment was made and entered into on the ,2s,6 day of 1982, by and between the City of Iowa City, Iowa, a mu cipal corporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speakers bureau which provide current statistics and information on sexual crimes and prevention. TT_ FIwnTNr The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $8,154 in FY83 with the agreement that these funds shall be allocated toward the salary of the full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments of $4,077 each, the first to be made at the time of signing of this agreement and the second to be made on January 1, 1983. B. The Coordinator of the Rape Victim Advocacy Program shall submit quarterly program reports and an annual report to the City. RICROEILnED BY DORM MICR6LAE3 CEDAR RAPIDS • DES MOINES to ?d i j � I r 2 C. The Rape Victim Advocacy Program will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. The University of Iowa agrees that the Rape Victim Advocacy Program is a University sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. F. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa C. itt, .14 6 b4 t MARY C. OEUHAUSER, MAYOR ATTEST: Y,.ti i A B E STOLFUS, CITY CLERK Received & Approved By T e al Department 6 -16 - For the Rape Victim Advocacy Program: NATE QQ � �. Leo1d.�...Yi c. TITLE ATTEST: / NAME AX TITLE S`Lfo'�4, U .I L'.;A:ii�'.I'2r OF IOWA RAY B• MOSSMAN BUSINESS MANAGER G TREASURER 1 MICROFILMED BY I. JORM MICR46LAB .I CEDAR RAPIDS • DES MOINES I � A)I I? J I RESOLUTION NO. 82-172 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lynch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch X McDonald x Neuhauser Perret Passed and approved this 22nd day of June , 1982. nl1 �L�Ciilit41L1� MAYOR o ATTEST:J 4ciyluLERK Received 3 Approved By The Legal Depaliment 6.16- 84 141CROEILMED BY 1 JORM fSSIC R(SES 1 1 � CEDAR RAPIDS DES MOMDIHES i /0 99 r I I AGREEMENT This Agreement was made and entered into on the /St day 1 1982, by and between the City of Iowa City, Iowa,oa municipal orporation, hereinafter referred to as the "City," and the y United Action for Youth, hereinafter referred to as "UAY," for one (1) Year beginning with the signing of this Agreement. { This Agreement shall be subject to the following terms and conditions, to - wit: 1. UAY shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. UAY shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and to facilitate meeting the same in the best interest of the individual with regard for the community, 1. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following: a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. /0 99 MICRD(ILMED BY J JORM MICR6LA8 J LF.... � CEDAR RAPIDS DES MDI4ES r� I I r r 2 d. Maintain records of Outreach workers, including youth contacts, activities and referrals. 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determin- ing a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people to meet their needs or improve their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a quarterly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. 4. United Action for Youth, Inc, will solicit on-going feedback from clients, their families, and other agencies regarding the effective- ness of outreach. Information regarding client needs, their level of trust and rapport with UAY staff, others' perception of UAY's effectiveness, and service gaps among agencies will be solicited and documented at UAY. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. /099 14ICDOEIU4ED BY 1 JORM MIC R6LAO f j CEDAR RAPIDS • DES !401AE5 1 r 3 C. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $32,000 in FY83 with the agreement that these funds shall be allocated toward general operating expenses of the U.A.Y. Outreach Program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to U.A.Y. in quarterly payments of $8,000 each. The first payment will be made at the time of signing of this agreement. B. The U.A.Y. Director will submit monthly board minutes, quarterly program reports and an annual report to the City. C. U.A.Y. will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, the Director and salaried staff shall be considered employees of U.A.Y. and any fringe benefits received by the staff shall be through the said U.A.Y. The employees of U.A.Y. shall adhere to the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of the contract including the determination of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City to serve as.voting members of the U.A.Y. Board. E. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. U.A.Y., acting as its own agent, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the U.A.Y. staff including but not limited to injuries to persons or properties served by or coming into contact with U.A.Y. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. r , MICROFILMED BY I JORM MICRO LAB .1� CEDAR RAPIDS •DES MOINES; I Mki J r a 4 H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: jjtAl _l/lEl��n�u�l,u MARY L.. N®IHAUSER, MAYOR ATTEST: AB E 5 OL US, CI Y L RK For United Action for Youth: 174•%.. ATTEST: NAp�1 LE Reaelvoc 8 Approved By , u Leja3 De, artm:nf 141CROFILIIED BY I �- JORM MICRbLAB CEDAR RAPIDS • DES MOIRES �l r RESOLUTION NO. 82_173 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to Provide recreational services and supportive assistance to the residents of Mark IV, and WHEREAS, Willowcreek Neighborhood Center is an agency which plans and conducts such services, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willowcreek Neighborhood Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Lvnch and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer Dickson —� Erdahl x Lynch — IL McDonald —x Neuhauser j --x Perret Passed and approved this 22nd day of June 1982. VVIlldli `. ���tAilfio� MAYOR ATTEST: 2CITYJZ4 CLERK Rxenrd $ AAFroveiJ SY 7hs Leoa! DOA,rt^ienl �cLLG✓ 6 -id FL MICkOFILMED B "-JORM MICR6LA13 1 -i f + CEDAR RAPIDS • DCS MD CICS C I r ■ ., AGREEMENT This Agreement was made and entered into on the day of 'T�l.i , 1982, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Willow Creek Neighborhood Center (Mark IV) for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Willow Creek Neighborhood Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Willow Creek Neighborhood Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES j The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Mark IV Apartments complex and surrounding area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $6,900 in FY83 with the agreement that these funds shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and operating expenses of the Willow Creek Neighborhood Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Willow Creek Neighborhood Center in quarterly payments of $1,725 each. The first payment will be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit quarterly program reports and an annual report to the City. 14ICROTILI4ED BY CORM MIC R(SLAB I I CEDAR RAPIDS DES M019E5 j I 1 r 2 C• The Willow Creek Neighborhood Center will provide to the City a Period. quarterly accounting of funds and report at the end of the contract D• For the purposes of this agreement, staff shall be considered employees of the Willow Creek Neighborhood Center and any fringe benefits received by the staff shall be through the said Willow Creek Neighborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. effect a The Willow Creek Neighborhood Center shall maintain in full force and company authorized ntovliability dobusiness insthe nSta a OfyI wa,cuted in aform approved by the City Manager. The minimum limits of such a policy shall be as follows; To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $25,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Willow Creek Neighborhood Center, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa Cit its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement , Center including any wrongdoings caused by the Willow Creek Neighborhood properties fser edlbyior comingnot intmited to tri11 woCreek Neighborhood Center. ocontact wihthe Wi G. All outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day Period. H. This contract may be terminated upon a thirty day written notice by either party. IV. This agreement shall commence upon the signing of the parties and shall terminate on June 30, 2983, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. MICROMMED By i JORM MIC R(SL AB j CEDAR RAPIDS• DES I40IVES ' I 3 For the City of IIIo��w��a, Iowa: —ma -LU C.-I�U'.,LUkOLculu MARY C. NVHAUSER, MAYOR ATTEST: &I ABBIE STOLFUS, CITY CLERK For the Willow Creek Neighborhood Center: NAME i Rrcohed & Aprraved 8T' LeOai D_ iHmcnt .11-eL t i MICROFILMED BY j JOF7M MICR#L AO � CEDAR RAPIDS DES MINES � I //o d r 1 RESOLUTION NO. 82-174 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY82 FUNDING AGREEMENT WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide lawnmowing services free of charge to elderly and handicapped persons who are unable to pay the cost of such services and have no other means by which they can be provided, and WHEREAS, the Elderly Services Agency of Johnson County is an agency which provides chore services to elderly residents of Iowa City, and WHEREAS, the City of Iowa City and the Elderly Services Agency of Johnson County are in agreement that the aforementioned services can be most efficiently administered by the Elderly Services Agency, and WHEREAS, an FY82 funding agreement was executed June 30, 1981, between the City of Iowa City and the Elderly Services Agency and was previously amended on January 18, 1982, and WHEREAS, the attached amendment to the FY82 funding agreement has been negotiated by the City of Iowa City and the Elderly Services Agency of Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached amendment to the funding agreement with the Elderly Services Agency of Johnson County for FY82. It was moved by Lvnchand seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch x_ McDonald x Neuhauser x Perret Passed and approved this 22nd day of June , 1982. MAYOR ATTEST: CITY CLERK Rece}ved & Approved By The Lega( Dapartment -L_ MICROFILMED BY 1 -JORM MIC R6L13- 1 j CEDAR RAPIDS • DES MOINES � AMENDMENT (2) TO FY82 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY It is hereby agreed on this ,a9tA day of_ 1982, that provisions I, II, and III—of the FY82 dinf4fi g agreement executed June 30, 1981, and previously amended on January 18, 1982, between the City of Iowa City and the Elderly Services Agency of Johnson County are hereby amended to read as follows: I. SCOPE OF SERVICES 3(b) Chore services to be provided shall include home repairs, yard work, and snow removal, including free snow removal for low- income elderly and handicapped residents of Iowa City in accordance with Rules (A) & (B) established by Resolution No. 79-558 pursuant to Section 31-123 of the Code of Ordinances of the City of Iowa City, Iowa. Said chore services shall also include free lawnmowing for such elderly and handicapped residents upon compliance with criteria established by the ESA. II. FUNDING The following paragraph is to be added to the original text: The City shall also set aside the sum of $500 for FY82 to be used as needed to reimburse the ESA for payments to non- employees of the ESA for providing lawnmowing services to persons qualifying for free services as specified in provision I(3)(b) of this contract. Any portion of the $500 which remains unused at the close of FY82 may be carried over into FY83 for use in providing lawnmowing services as stipulated herein during the 1982 summer season. At the end of the 1982 summer season, any unused portion of the $500 will remain with the City. III. GENERAL ADMINISTRATION The following is to be added to the original text under the appropriate subsections: A. Payment for the lawnmowing program will be made as reimbursement for labor costs incurred in operation of the program. Payment will be made monthly upon receipt of reports from the ESA, as specified in IIIC. C. The ESA shall provide the City with a complete and accurate accounting of expenditures and statistical data for the lawnmowing program at the end of each month in which lawnmowing services are provided. 1101 i MICROFILMED BY JORM MICR4�LAF3 1 L1 � CEDAR RAPIDS • DES t40I14ES i f� a-# FOR, �TAHE, CITY OF IOWfA CITY: c. MARY C. NE USER, MAYOR ATTEST: �L A BIE STOLFUS, CITY LERK Received $ Approved By The FOR THE ELDERLY SERVICES AGENCY: NAME 0 TITLE ATTEST: NAME TITLE i MICROFILMED BY � DORM-MICR#L,4B- CEDAR RAPIDS • DES MOINES I 1101 J� RESOLUTION NO. 82-175 RESOLUTION INCREASING THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE ON COMMUNITY NEEDS FROM TWO TO THREE YEARS WHEREAS, Resolution No. 76-136 established that members of the Committee on Community Needs (CCN) shall be appointed by the Iowa City City Council to serve two years terms; and WHEREAS, CCN evaluates and interprets the City's programs that affect human needs and community development, facilitates communication between citizens and the City Council, and makes recommendations on the use of Community Development Block Grant (CDBG) funds; and WHEREAS, a considerable period of time is required for members to become familiar with the complexities of the CDBG Program and the activities of CCN; and WHEREAS, CCN has recommended that the length of term of office for CCN members be changed from two years to three years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the term of membership on the Committee on Community Needs shall be three years. It was moved by Perret and seconded by McDonald the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x x x Dickson x Erdahl x x x Lynch x McDonald x Neuhauser x Perret Passed and approved this 22nd day of June 1982. MAYOR ATTEST: ..CJ r CITY CLERK Rece}ved & Approved By The Legal Departmcnl 7c" 9 z iro a 141CROFIL14ED BY -JORM MIC R4L A13 J L CEDAR RAPIDS • DCS MOI4E5 I r if r y r b� 0� (� ORDINANCE NO. 82-3068 D Gw �3 AN ORDINANCE TO AMEND THE CODE OF IOWA CITY cda BY ESTABLISHING CHAPTER 24.1, NOISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Code of Iowa City be and is hereby amended by adding thereto a new chapter to be known as Chapter 24.1, entitled, "Noise," as follows: CHAPTER 24.1, NOISE SEC. 24.1-1. POLICY, PURPOSE, TITLE AND SCOPE (a) Statement of Public Policy. The city council finds and declares that: (1) Excessive noise is a serious hazard to the public health and welfare and the quality of life in urban society. (2) A substantial body of science and technology. exists which provides for substantially reducing excessive noise without serious inconvenience to the public. (3) Certain of the noise -producing equipment in the city is essential to the quality of life therein and should be allowed to continue at reasonable levels with moderate regulation. (4) Each person has a right to an environment reasonably free from disturbing noise or that which jeopardizes health or welfare or unnecessarily degrades the quality of life. (5) It is the legislative declaration of the city to promote an environ- ment free from certain excessive noise, otherwise properly called "noise pollution", which jeopardizes the health and welfare and degrades the quality of the lives of the residents of the city, without unduly prohibiting, limiting or otherwise regulating the function of certain noise producing equipment which is not amenable to such controls and yet is essential to the economy and quality of life. (b) Purpose, Title and Scope. (1) The purpose of this chapter is to establish standards for the control of noise pollution in the city by setting maximum permissible sound levels for various activities and to protect the public health, safety and general welfare. (2) This chapter may be cited as the "Noise Control Ordinance" of the City of Iowa City. (3) This chapter shall apply to the control of noise producing activities and objects originating within the limits of the City of Iowa City or originating from properties lying outside the limits of the City of Iowa City owned or controlled by the City of Iowa City with a lease or other similar arrangement, except where either 1) a state or federal f I41CROFIL14ED BY JORM MICROLAB 1 � CEDAR RAPIDS • DES MOINES ' I 1/05 1 J ORDINANCE NO. 82-30u„ Page 2 agency has adopted a different standard or rule than that prescribed within this chapter and has so preempted the regulation of noise from a particular source as to render this chapter inapplicable thereto, or 2) the city council has determined that, by reason of public acceptance of the activity producing a particular noise, such noise is deemed acceptable to the residents of this city. Sec. 24.1-2. DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings shown. Definitions of technical terms used in this subchapter which are not herein defined shall be obtained from publications of acoustical terminology issued by the American National Standards Institute (ANSI) or its successor body. "Ambient sound level". The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources. "A- weighted sound level". The sound pressure level in decibels as measured on a sound level meter using the A -weighting network. The level is designated dB(A) or dBA. "Barking Dog" ar Bird or Other Animal. A dog, bird or other animal that barks, bays, cries, howls or emits any other noise continuously and/or incessantly for a period of ten (10) minutes or barks intermittently for one-half (k) hour or more and the sound therefrom is plainly audible across a residential real property boundary or within a noise sensitive area. "Decibel (d8)". A logarithmic and dimensionless unit of measure used in describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 miscropascals (20 micronewtons per square meter). "Motorboat". Any vessel which is designed to operate on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft. "Motor vehicle". Any motor -operated vehicle licensed for use on the public highway. "Noise". Any sound which disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. "Noise control officer". Any city employee(s) or city law enforcement officer s), designated by the City Manager as having responsibility for the enforcement of this chapter. "Noise disturbance". Any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. MICROFIVED BY JORM MIC RdIL AB L � � CEDAR RAPIDS • DES MOINES I r ORDINANCE NO. 82-30bd Page 3 "Noise sensitive activities". Activities which are conducted under conditions of exceptional quiet including, but not limited to, operation of schools, libraries open to the public, churches, hospitals and nursing homes. "Noise sensitive area". Any areas designated in this sub -chapter for the purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive Area" signs. "Person". The word shall have the meaning prescribed by section 1-2 of the Code of Iowa City and shall in addition include any officer, employee, department, agency or instrumentality of the state or any political subdivision of the state. "Plainly Audible Noise". Any noise for which the information content of the noise is transferred to the listener, such as but not limited to understanding of spoken speech, comprehension of whether a voice is raised or lowered, or comprehension of musical rhythms. "Powered model vehicle". Any self-propelled airborne, waterborne, or landborne model plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. "Public right-of-way". Any street, avenue, boulevard, highway, sidewalk, or alley or similar place which is owned or controlled by a governmental entity. This definition shall also include an area between the traveled portion and the sidewalk or private property line if no sidewalk exists. "Public space". Any real property, including any structure thereon, which is owned or controlled by a governmental entity. "Real property boundary". An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra -building real property divisions. "Recreational vehicle". Any race car, motorcycle, snowmobile, or any other motorized vehicle equipped for use in racing or other recreational events or uses off of public right-of-way on public or private property. For purposes of this chapter, a motor vehicle or motorized vehicle which is taking part in an organized racing, endurance, or other coordinated sporting event shall be deemed a recreational vehicle. "Residential". Any property on which is located a building or structure used wholly or partially for living or sleeping purposes. "Sound". An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefraction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. "Sound level". The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters MICROFILMED BY I JORM MIC R46L AB I� i CEDAR RAPIDS DES MO1YE5 i Iib$ ORDINANCE NO. 82-3C Page 4 (ANSI 51.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A -weighting shall apply. "Sound level meter". An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or display meter, and weighting networks used to measure and read sound pressure levels, which when properly calibrated complies with American National Standards Institute Standard 1.4- 1971 or the latest approved revision thereof. "Used" or "occupied". For the purpose of this subchapter either word shall be deemed to include the words "intended, designed, or arranged to be used or occupied". Sec. 24.1-3. EXCEPTIONS. The provisions herein shall not apply to: (1) The emission of sound for the purpose of alerting persons to the time of day, the existence of an emergency or the approved testing thereof. (2) The emission of sound in the performance of emergency work, including snow removal and maintenance of trees. (3) Non-commercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way. (4) The unamplified human voice, except those activities specifically controlled by the provisions of this Chapter. (5) Agricultural activities, exclusive of those involving the ownership or possession of animals or birds. (6) Snowmobiles regulated by chapter 321G, Code of Iowa. (7) Rail and air transportation and public mass transportation vehicles. (8) Emergency vehicles such as fire trucks and ambulances. (9) Non-professional athletic events. (10) Essential services such as electrical substations and safety devices. (11) Construction and maintenance activities between 7:00 a.m. and 10:00 p.m. Maintenance activities shall be non -routine operations, temporary in nature, and conducted infrequently. (12) Cement sawing of freshly -poured concrete street, alley, sidewalk, or road surface. Provided, however, that any person intending to engage in such activity between 10:00 P.M. and 7:00 A.M. shall first notify the Iowa City Police Department by telephone or in person that such activity will be undertaken and the time and location of same. (13) Unamplified live music, provided, sponsored or funded, in whole or in part, by a governmental entity. 1165 t MICROFILMED BY JORM MICR6LA13 -i ! I CEDAR RAPIDS DES MOI4ES � I i i I r ORDINANCE NO. 82 Page 5 Sec. 24.1-4. SPECIFIC ACTIVITIES PROHIBITED. The following acts, among others, are deemed to be loud, disturbing, unusual, unreasonable and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive: (a) Sales by "hawking or barking". No person shall offer for sale or sell anything by shouting or outcry within any residential area in the city, except in conjunction with an event which is exempt from the provisions of this chapter or for which a permit has been issued by the City. (b) Loading and Unloading. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans, or similar objects outdoors between the hours of 10 P.M. and 6 A.M. the following morning as to create a noise disturbance across a residential real property boundary or within a noise sensitive area. (c) Vehicle or Motorboat Repairs and Testing. No person shall repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat either within a residential zone in such a manner to cause a noise disturbance or in any other zone in such a manner as to cause a noise disturbance across a residential real property boundary or outdoors within a noise sensitive area. (d) Powered Model Vehicles. No person shall operate or permit the operation of powered model vehicles in a residential zone, in a public space or within a noise sensitive area between the hours of 10:00 P.M. and 7:00 A.M. the following morning. (e) Sound Trucks and Other Devices. No person shall operate or permit the operation upon the public streets of a sound truck, or other device for producing, reproducing or amplifying sounds without a permit. Sec. 24.1-5. MUSICAL INSTRUMENTS AND SIMILAR DEVICES. No person shall operate, play or permit the operation or playing of any drum, musical instrument or similar instrument in such a manner to cause a noise disturbance or outdoors within a noise sensitive area. Sec. 24.1-6. REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT. (a) Except for activities open to the public and for which a permit has been issued by the city, no person shall so operate, play or permit the operation or playing of any radio, television, phonograph, record player, tape deck or player, loud speaker, amplifier, or other device for producing, reproducing or amplifying sounds in any building or upon any premises, public or private or any other sound producing equipment or apparatus: (1) In such manner as to cause a noise disturbance or outdoors within a noise sensitive zone. (2) In such manner as to cause a noise disturbance or outdoors within a noise sensitive zone, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters. nICRO(ILMED BY JORM MICRALAB 1 � CEDAR RAPIDS DCS MOINES I I I 1105 J I r I I ORDINANCE NO. 82 Page 6 (b) Sound equipment --permit required. No person shall use, operate or cause to be used or operated any radio, record player, tape deck or player, loud speaker, amplifier, sound truck or other device for producing, reproducing, or amplifying sounds, hereinafter referred to as "sound equipment", upon the public streets or in any building or upon any premises, public or private, if the sound therefrom be plainly audible across a residential real property boundary from any public street or public place within the city, unless said person: (1) First obtains a permit in accordance with this section; (2) Complies with the conditions imposed by the permit, including the maximum permitted sound level shown therein; and (3) Complies with all other applicable provisions of this section. Sound equipment shall not include: (1) Equipment used for public health and safety purposes; (2) Church or clock carillons, bells or chimes; (3) Parades, processions or other public events for which a parade or other permit has been issued, provided the conditions of the permit are complied with; (4) Automobile radios, tape decks or players, or other standard automobile equipment used and intended for the use and enjoyment of the occupants, provided the sound emitting therefrom is not plainly audible for more than 50 feet from the vehicle; (5) Recorded music used in a non-residential zone in conjunction with a civil or religious celebration; (6) Unamplified live music provided, sponsored, or funded, in whole or in part, by a governmental entity. (7) Mobile radio or telephone signaling devices. (8) Car or truck horns or similar devices when used to denote danger or a warning or possible danger. (c) Fees. A separate permit shall be required for each type of activity described below. Permits shall be nontransferable. The permit shall be conspicuously displayed on or immediately adjacent to the sound eqiupment. Fees for sound equipment permits shall be established by resolution of the City Council. (1) No fee shall be required for any sound equipment permit issued to the City of Iowa City, State of Iowa, or the Federal government or any other governmental subdivision or agency. 110$ j. MICROFILMED BY DORM MIC R46LA B ') CEDAR RAI -105 DES MOMES I � I r Li ORDINANCE NO. 82-: Page 7 (d) Information required. Application for permits required herein shall be made in writing to the City Clerk, accompanied by the required permit fee and such information as the City Clerk may require. If the application contains the required information, is accompanied by the required fee, and the proposed use complies with the requirements of this subsection, the City Clerk shall issue the appropriate permit. (e) Application standards. (1) Type A per standards. A type A permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the private residence nearest the sound equipment and measuring not more than 100 dB(A)'s at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type A permit may be used only in areas of the city zoned for non-residential use and only between the hours of 9:00 A.M. and 9:00 P.M. (2) Type B permit --sound trucks --general standards. Sound trucks may be operated only under a type B permit. A type B permit may be issued for sound equipment mounted upon a motor vehicle and intended for use upon city streets provided that the sound equipment emits only music or human speech registering not more than 80 dB(A)'s when measured at a distance of 100 feet from the sound equipment. Sound equipment permitted under a type B permit may be used only in non-residential areas and only from 9:00 A.M. to 9:00 P.M. (3) Type C permit--parks--general standards. A type C permit may be used for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the private residence nearest the sound equipment and registering not more than 100 dB(A)'s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type C permit may be used only in public parks owned and operated by the city, or public grounds owned and operated by another government body, from 10:00 A.M. to 11:00 P.M. for events authorized and approved by the city or other body having jurisdiction over the park or public grounds. (4) Type D permit --public or parochial school ground -general standards. A type D permit may be issued for sound equipment emitting music or human speech registering not more than 60 dB(A)'s when measured at the real property boundary of the residence nearest the sound equipment and registering not more than 100 dB(A)'s when measured at a distance of 50 feet from the sound equipment. Sound equipment permitted under a type D permit may be used only on school grounds, or in conjunction with a school sponsored activity, from 10:00 A.M. to 11:00 P.M. for events authorized and approved by the school authorities having jurisdiction of the grounds. (f) Commercial advertising --sound equipment prohibi ed. No pld equipment shall be permitted to be used on public s ree s p building, or upon any premises if the sound will be plainly audible from any public street or public place within the city, when any such use is for commercial advertising purposes, or for the purpose of attracting the attention of the public to any building or structure for monetary gain. MICROFILM BY j JORM MICRdLA6 CEDAR RAPIDS • DES MOINES 1105 J r ORDINANCE NO. 82-3Oo8 Page 8 Sec. 24.1-7. MOTORIZED VEHICLES. (a) No person shall operate or cause to be operated the engine providing motive power, or an auxiliary engine, of a motor vehicle of a weight in excess of 10,000 pounds for a consecutive period longer than 20 minutes while such vehicle is standing on private property and located within 150 feet of property zoned and used for residential purposes, except when such vehicle is standing within a completely enclosed building. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads. (b) No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown below. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least 4 feet (1.2 meters) above the immediate surface. Table 1 provides corrections to observed noise levels at distances of less than 50 feet. Sound Pressure Level, dB(A) Speed limit Speed limit 40 MPH or less over 40 MPH Motor vehicles with a manufacturers gross vehicle weight rating (GVWR) or gross combination weight rating 90 94 (GCWR) of 10,000 pounds or more, or any combination of vehicles towed by such motor vehicle. Any other motor vehicle or any combination of vehicles towed by 80 84 any motor vehicle. Any motorcycle. 82 86 This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this code relating to motor vehicle mufflers for noise control. (c) The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American Standards Association. The instrument shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during 1 MICROFILMED BY j "JORM MICMd LAB - CEDAR RAPIDS DES'MOINES. 110$ J r L. ORDINANCE NO. 82-3068 Page 9 measurement shall be positioned as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being made. (d) No person shall modify the exhaust system of a motor vehicle or motorcycle by installation of a muffler cut-out, by-pass or other similar device and no person shall operate a motor vehicle or motorcycle which has been so modified. A motor vehicle so operated shall be deemed equipped with a muffler which emits excessive and unusual noise and which is not in good working order. (e) 1) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property in such a manner that the sound level resulting from such operation exceeds 73 dBA for a total of three minutes in any continuous one hour period or exceeds 90 dBA for any period of time during such operation. Sound levels which exceed the limits herein described at the real property boundary of the receiving land use shall be deemed a noise disturbance. 2) No person shall conduct or permit the conduct of any part of an organized racing event which involves a contest between or among recreational vehicles on public or private property between the hours of 9:00 P.M. and 9:00 A.M. the following morning. Sec. 24.1-8. ANIMALS. (a) No person shall own, possess or harbor any barking or noisy dog, bird or other animal regardless of whether the dog, bird or other animal is physically situated in or upon private property. However, the dog, bird or other animal shall not be deemed a barking dog or noisy animal if, at the time the dog, bird or other animal is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog, bird or other animal is situated or taking any other action which would tease or provoke the dog, bird or other animal to bark or otherwise be noisy. Sec. 24.1-9. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS. (a) No person shall permit noise from any commercial or industrial use, as defined in the zoning ordinance, to exceed the sound levels specified in table 2, except that the decibel levels specified shall be reduced by 5 decibels at the boundary line of a zone designated as residential in the zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the boundary line of a school located in a noise sensitive area between the hours of 8:00 a.m, and 4:00 p.m. when the school is in session. For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. tdICFOf ILNCD BY JORM MICR6LAB I CEDAR RAPIDS • DES 11014CS 110,; J r ORDINANCE NO. 82-3068 Page 10 The flat network and the fast meter response of the sound level meter shall be used. Sounds of very short duration, as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the Preferred Frequencies (United State of America Standard S1 6-1967, Preferred Frequencies for Acoustical Measurements) shall be used in the table headed 'Octave Band, Preferred Frequencies." Octave band analyzers calibrated with the pre -1960 octave bands (United States of America Standards Z24 10-1953, Octave Band Filler Set) shall be used with the tables headed "Octave Band, Pre -1960." Sec. 24.1-10. POWERS AND DUTIES OF THE NOISE CONTROL OFFICER. (a) The noise control program established by this chapter shall be implemented, administered, and enforced by the noise control officer who shall be that person or persons, designated by the City Manager. (b) To implement and enforce this chapter the noise control officer shall have the additional power to: (1) Conduct research, monitoring, and other studies related to sound. (2) Conduct programs of public education regarding the causes, and effects of sound or noise and general methods of abatement and control of noise, as well as the actions prohibited by this chapter and the procedures for reporting violations. (3) Coordinate the noise control activities of all municipal departments. (4) Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this chapter, if these projects are likely to cause sound in violation of this chapter. (5) Upon presentation of proper credentials, enter and inspect any private property or place, and inspect any report or records at any reasonable time when granted permission by the owner, by some other person with apparent authority to act for the owner, or a tenant of the premises. If consent to inspect is withheld by any person or persons having the lawful right to exclude, the officer may apply to a magistrate of the Iowa District Court in and for Johnson County for a search warrant of the building. No owner or occupant or any other person having charge, care or control of any structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the officer for the purpose of inspection and examination pursuant to the provisions herein. (6) Issue sound variances pursuant to the provisions of this chapter. (7) Prepare recommendations for consideration by the city council, after publication of notice and public hearing, for establishing the boundaries of noise sensitive areas. IIb5 141CROEILMED BY CORM MIC ROLAB I � CEDAR RAPIDS D[5 I401`1ES � I r I I ORDINANCE NO. 82-3068 Page 11 (8) Designate any area for the purpose of ensuring exceptional quiet and to be clearly posted with "Noise Sensitive Area" signs because of the noise sensitive activities conducted therein. These areas may include, but are not limited to schools, libraries, churches, hospitals and nursing homes. (9) Authorize the capture and impoundment of any dog, bird or other when the noise made by the animal cannot be reasonably controlled by the owner or other person on whose property the animal is located. (10) Require certification by a registered engineer or other qualified person that the performance standards for a proposed use can be met. Sec. 24.1-11. DEPARTMENTAL ACTIONS. All departments and agencies of the city shall carry out their programs so as to further the policy of this chapter. Sec. 24.1-12. SOUND VARIANCES. (a) The noise control officer shall have the authority consistent with this section, to grant sound variances from the requirements of this chapter. (b) Any person seeking a sound variance under this section shall file an application with the City Clerk. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in the amount established by the City Council by resolution. The fee shall not be refundable. (c) In determining whether to grant, deny, or revoke the application the noise control officer shall balance the hardship to the applicant, the community, and other persons of not allowing the sound variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of allowing the sound variance. Applicants for sound variances and persons contesting sound variances may be required to submit any information as may reasonably be required. Applicants are required to give notice by certified mail to: (1) the occupants of surrounding single or two family residences located in an area that includes the next two homes in any direction, or those within 100 feet of the noise source, whichever is less; or (2) the owner or manager of multiple family residences, including hotels, within such area. In granting or denying an application or in revoking a sound variance previously granted, the noise control officer shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance. P os 141CROFILI•IED RP JORM MIC R4LA0 I I 1 I CEDAR RAPIDS • DCS I401HES ' I i � i r ORDINANCE NO. 82-3C Page 12 (d) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to in writing by the applicant and placed on file with the Noise Control Officer. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted. Termination for non-compliance shall be made in accordance with Section 2-188, Emergency Orders, of this Code. Sec. 24.1-13. EFFECTIVE DATE. This ordinance shall be in effect upon its passage, approval and publication in accordance with law. Sec. 24-1.14. SEVERABILITY OF PROVISIONS. Each section, and any and all provisions of this ordinance, is independent of every other section and any and all provisions, and the invalidity of any thereof, shall not invalidate any other section or provision. Sec. 24-1.15. REPEALER. All ordinances or parts of ordinances in conflict with this ordinance hereby are repealed, with the exception of Sections 5-35(7), 9 1-7(d), 23-137, and 24-48 of this Code. Sec. 24.1-16. PENALTY. (a) Any violation of the provisions of this ordinance shall be a misdemeanor subject to the penalties of Section 1-9 of this Code. (b) Each instance of violation of any of the provisions of this Ordinance shall constitute a separate offense. Sec. 24.1-17. ADDITIONAL REMEDIES. Any violation of the provisions of this ordinance is deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. Passed and approved this 22nd day of June, 1982. yMAYO� R�� ATTEST: 7 �- CITY CLERK //05 1 , MICROFIL141D BY -JORM MICR4ILAS Arr CEDAR RAPIDS DES MOINES A a-* It was moved by Dickson , and seconded by Perret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x PERRET First consideration xxxxxxxxxxxxxxx Vote for passage: Second consideration xxxxxxxxxxxxxxx Vote for passage: I i Date published 6/30/82 Moved by Dickson, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Dickson, Lynch, McDonald, Neuhauser, Perret. Nays: Erdahl. I ,I Reealved ; Approved By The Legal DepaAmonf a� s-ly-YL //OS MICROEILI•IED BY I i "-DORM MIC REIC AB ] ' I 1( CEDAR RAPIDS • DES MOIYES i TABLE 1 (Corrections to observed noise levels for distances less than 50 feet) DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS CIB(A) i More than Up to 45 ft. 50 ft. -0- f i 41 ft. 45 ft. +1 f 37 ft. 41 ft. +2 I 33 ft. 37 ft. +3 i 1 30 ft. 33 ft. +4 27 ft. 30 ft. +5 25 ft. 27 ft. +6 Iles MICRDFIUdED BY 1 DORM MIC RbL�1 B�� w ~ I+ CEDAR RAPIDS • DES MDInES r Type of Analyzer Octave Band Preferred Freq. (cycles/Se c. Impact 31.5 63 125 250 500 1000 2000 4000 8000 Overall Peak i i, i I TABLE 2 Maximum Permitted Sound Levels, dB (Re: 0.0002 Microbar) In M-1 and M-2 Zones In C Zones and ORP Zone Measured at Measured at R Zone Boundary, C Zone Recreational Area, or ORP Zone R Zone Boundary, Boundary Recreational Area, Adjacent Lot oror Sch�Ara* or School Area* 83 83 76 78 76 78 71 72 71 72 65 64 65 64 57 57 57 57 50 51 50 51 45 46 45 46 39 41 39 34 41 32 38 32 38 80 86 80 86 �f I MICROFILMED BY f JORM MICRbLAB ! � CEDAR RAPIDS • DES MOINES J� r �f City of Iowa Cit'V MEMORANDUM Date: June 17, 1982 To: City Council From: Cit})anager Re: Noise Ordinance I. Table 2 - Maximum Permitted Sound Levels A revised Table 2 is enclosed. The revision deletes an outdated measurement procedure. 2. Grace Period The City Council previously decided that a.30 -day grace period was adequate. Staff comment based on discussion with other communities suggests that a noise ordinance requires an extended period of time to educate the community about noise and the objectives of the noise ordinance. Therefore, an alternative would be to enforce the ordinance provisions relating to dogs and loud parties after 30 days and have a 90 -day grace period for all other provisions. 3. Section 24.1-6 - Sound Equipment - _Plainly Audible There has been some interest in amending this provision to eliminate the "plainly audible" wording and substitute the same language used for Section 24.1-5, i.e., " ..in such a manner to cause a noise disturbance or outdoors within a noise sensitive area." The "plainly audible" provision is used in some model ordinances. If this provision is amended, the City probably would generally use the "keeping disorderly house" provision to regulate loud parties. 4. Home Town Dairy - Refrigeration Exemption The manager discussed this issue with a representative of Home Town Dairy who indicated: 1) Home Town Dairy is continuing discussions with neighborhood representatives. 2) An evaporate condenser is being screened for noise control. 3) Certain operating procedures for refrigeration units are being modified. This includes placing units elsewhere on the property and some rewiring of electric service so that the direction of the units is changed. bdw4/6 MICRORILRED BY 1 "JbRM MIC R46L AB � CEDAR RAPIDS DES MOINES i I 1105 r .. The University of lows Ci:/. low,, 62242 Vice President for Finance and University Services June 18, 1982 Mr. Neal Berlin City Manager City of Iowa City 410 Gast Washington Iowa City, IA 52240 Dear Neal: 1 m+e In response to your request, we have reviewed the provisions of the "noise ordinance" proposed to be enacted by the City Council of the City of Iowa City. It appears that the ordinance, if enacted, would not pose major difficulties forthe University. As I mentioned to you on the telephone, two provisions are somewhat ambiguous and could conceivably be interpreted to forbid band practices and public speaking activities. Specifically, Section 24.1-5 prohibits the playing of "any drum, musical instru- ment or similar instrument in such as a manner as to cause a noise disturbance or outdoors within a noise sensitive area." Noise dis- turbance is defined in Section 24.1-2 as "any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property." It seems conceivable that the outdoor practices of the University's marching band might be viewed by some as a violation of Section 24.1-5. Should the City wish to exempt band practice from the provisions of the statute this could be accomplished by amending Section 24.1-3 of the ordinance entitled "exceptions." A new provision of that section might be added: (12) Unamplified live music, provided, sponsored, or funded, in whole or in part, by a governmental entity. By making this addition to Section 24.1-3, it would be clearer that the noise ordinance did not apply to band practices. The second potentia]. problem arises in Section 24.1-6, "regula- tion of sound equipment and sound amplifying equipment." This provision governs the issuance of sound permits to operate sound equipment. Sound equipment includes loudspeakers and amplifiers, and the prohibition on un -permitted use of sound equipment includes //05 ) MICROFILMED BY JORM-MICR6LA13 A M CEDAR RAPIDS DES MOINES r r Mr. Neal Berlin June 18, 1982 Page 2 use "in such a manner as to create sound therefrom which is plainly audible across a residential real property boundary or on any public street or property." It is possible to read the ordinance to require public speakers on the Pentacrest, who are permitted under some circumstances to use loudspeakers, to obtain sound permits from the City of Iowa City prior to engaging in their public speaking activities. I believe that the best way to avoid this problem is to amend a provision of Section 24.1-3 (the exceptions provision). That section currently reads, in pertinent part: The provisions herein shall not apply to: . . . (3) non- commercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way, except those activities specifically controlled by the provisions of this chapter. I believe that the deletion of words "except those activities specifically controlled by the provisions of this chapter" will eliminate the problem, and will not impair the effectiveness of the ordinance. Please feel free to contact me if I can be of any further assistance. Sincer ly, Case Mahon �Associ to Vice President Jr 14]CROFILIIED BY "-JORM "MICR#LAO 1 CEDAR RAPIDS DES MOVIES _ A //4S 1 f� Type of Analyzer Octave Band Preferred 'req. (Cycles/Sec.) Impact Noise 31.5 63 125 250 500 1000 2000 4000 8000 Overall Peak !L TABLE 2 Maximum Permitted Sound Levels, dB (Re: .002 Microbar) In C Zones and ORP Zone In M-1 and M-2 Zones Measured at Measured at R Zone Boundary, R Zone Boundary, C Zone Recreational Area, Recreational Area, or ORP Zone or School Area* Adjacent Lot or School Area* Boundary 76 83 76 83 71 78 71 78 65 72 65 72 57 64 57 64 50 57 50 57 45 51 45 51 39 46 39 46 34 ' 41 34 41 32 38 32 38 i, 80 86 80 86 141CROFIL14ED BY -'JORM-MICR6LAB- _ J l CEDAR RAPIDS DES MOINES I ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF IOWA CITY BY ESTABLISHING CHAPTER 24.1, NOISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY; IOWA: The Code of Iow City be and is hereby amended by add' g thereto a new chapter to be known as Cha ter 24.1, entitled, "Noise," as fol ows: CHAPTER 24. 1, NOI E SEC. 24.1-1. POLI Y, PURPOSE, TITLE AND SCOP (a) Statement of Pu lic Polic . The city council finds and declares that: (1) Excessive not a is a serious azard to the public health and welfare and the qualit of life in u an society. (2) A substantial bod of sci ce and technology exists which provides for substantially redu ing cessive noise without serious inconvenience to the public. (3) Certain of the noise- ducing equipment in the city is essential to the quality of lif th ein and should be allowed to continue at reasonable levels w' h mo rate regulation. (4) Each person has right t an environment reasonably free from disturbing noise or that wh'ch jeopardizes health or welfare or unnecessarily de rades the qual ty of life. I (5) It is the legis ative declaration f the city to promote an environ- ment free fro certain excessive oise, otherwise properly called "noise pollu on", which jeopardiz s the health and welfare and degrades the quality of the lives f the residents of the city, without and y prohibiting, limiting or otherwise regulating the function of ertain noise producing equi ent which is not amenable to such contro s and yet is essential to the conomy and quality of life. (b) Purpose, Title And Scope. (1) The purpo a of this chapter is to establish\max'mum s for the control of noise pollution in the city by setting ermissible sound levelsf rvarious activities and to protectic health, safety and gene al welfare. (2) This chapter may be cited as the "Noise Contpuce" of the City of Iowa City. \ (3) This chapter shall apply to the control of noise producing activities and objects originating within the limits of the City of Iowa City or originating from properties lying outside the limits of the City of Iowa City owned or controlled by the City of Iowa City with a lease or other similar arrangement, except where either 1) a state or federal //05 > 1 141CROF IL14ED BY 1. J JORM MICRbLAB 1 I CEDAR RAPIDS DES I401NE5 I ' I LL r i r 7 r LF... .I i 1 ORDINANCE NO. Page 2 agency has adopted a different standard or rule than that prescribed within this chapter and has so preempted the regulation of noise from a particular source as to render this chapter inapplicable thereto, or 2) the city council has determined that, by reason of public acceptance of the activity producing a particular noise, such noise is deemed acceptable to the residents of this city. Sec. 24.1-2. DEFINITIONS. Unless otherwise expressly stated or the context clearly(Ad' d'Cates a different intention, the following terms shall have the meanings own. Definitions of technical terms used in this subchapter which are no herein defined shall be obtained from publications of acoustical terminolo issued by the American National Standard Institute (ANSI) or its successor ody. "Ambient sound leve ". The noise associated with a given environment, exclusive of a parte ular noise being tested being usually a composite of sounds from many sou es near and far, exc usive of intruding noises from isolated identifiable so ces. "A -weighted sound level".sound press a level in decibels as measured on a sound level meter using the A- ighting t.Ork. The level is designated dB(A) or dBA. "Barking Dog" or Bird or Other Anima A dog, bird or other animal that barks, bays, cries, howls or emits any othe ise continuously and/or incessantly for a period of ten (10) minutes or bar s i ermittently for one-half (h) hour or more and the sound therefrom is lain audible across a residential real property boundary or within a nois sensitive rea. "Decibel (dB)". A logarithmic and dimension ess unit of measure used in describing the amplitude of sou d, equal to 20 t es the logarithm to the base 10 of the ratio of the pressur of the sound measur to the reference pressure, which is 20 miscropascals (20 icronewtons per square eter). "Motorboat". Any vessel wh ch is designed to operat on water and which is propelled by a motor, inclu in, but not limited to, bo s, barges, amphibious craft, water ski towing dlces and hover craft. "Motor vehicle". Any mo -operated vehicle licensed for se on the public highway. "Noise". Any sound whico disturbs humans or which causes or ten s to cause an adverse psychological or physiological effect on humans. "Noise control officer".� Any city employee(s) or city law enTorcement officer(s), designated by the City Manager as having responsibility for the enforcement of this chapter. "Noise disturbance". Any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property. MICROFILMED BY JORM MICR6LA13 j CEDAR RAPIDS - DES M0I14ES //O,f J r ORDINANCE NO. Page 3 "Noise sensitive activities". Activities which are conducted under conditions of exceptional quiet including, but not limited to, operation of schools, libraries open to the public, churches, hospitals and nursing homes. "Noise sensitive area". Any areas designated in this sub -chapter for the purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive Area" signs. "Person". The word shall have the meaning prescribed by sec ion 1-2 of the Code of Iowa City and shall in addition include any officer, ployee, department, agency or instrumentality of the state or any polit' al subdivision of the state. "Plainly AudibleoA". Any noise for which the information content of the noise is transfer d to the listener, such as bu not limited to understanding of spoken speech, omprehension of whether a ice is raised or lowered, or comprehension of mus al rhythms. "Powered model vehicle Any self-propelled irborne, waterborne, or landborne model plane, vessel, o vehicle, which not designed to carry persons, including, but not limite to, any model ai lane, boat, car or rocket. "Public right-of-way". Any street, ave ue, boulevard, highway, sidewalk, or alley or similar place which is owned r controlled by a governmental entity. This definition shall also int ude an rea between the traveled portion and the sidewalk or private property lin if n sidewalk exists. "Public space". Any real p owned or controlled by a govt "Real property boundary". An vertical extension, which sep that owned by another person, divisions. including any structure thereon, which is entity. navy line along the ground surface, and its the\real property owned by one person from r not cluding intra -building real property "Recreational vehicle". Any race car, mot rcycle, snowmobile, or any other motorized vehicle equipped or use in ratio or other recreational events or uses off of public right-or/way on public or ivate property. For purposes of this chapter, a motor vehle or motorized veh'cle which is taking part in an organized racing, endurant , or other coordinate sporting event shall be deemed a recreational vehicle. "Residential". Any pro erty on which is located a building or structure used wholly or partially for living or sleeping purposes. "Sound". An oscilla on in pressure, particle displac ent, particle velocity or other physical arameter, in a medium with int_ an forces that cause compression and ra efraction of that medium. The deiption of sound may include any chars eristic of such sound, including dur ion, intensity and frequency. "Sound level". The weighted sound pressure level obtained by th'p, use of a sound level meter and frequency weighting network, such as A, 8, or C as specified in American National Standards Institute specifications for sound level meters eros 1 MICROEILNED BY J JORM MICR46LAB J CEDAR RAPIDS DES MOINES ' I A a", I ORDINANCE NO. Page 4 (ANSI 51.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A -weighting shall apply. "Sound level meter". An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager'output or display meter, and weighting networks used to measure and read sound pressure levels, which when properly calibrated complies with American National Standards Institute Standard 1.4- 1971 or the latest approved revision thereof. Dli occupied". Sec. 24.1-3. EXC PI The provisions here' (1) The emission o day, the existe For the purpose of this subchapter either word shall be words "intended, designed, or arranged to be used or n shall not apply to: n ound for the purpose of an emergency or tf (2) The emission of sod in the per removal and maintena ce of trees. (3) Non-commercial public any private property, activities specifically (4) The- unamplified human controlled by the provis (5) Agricultural activities Possession of animals or (6) Snowmobiles regulated by (7) Rail and air transporta ion and public (B) Emergency vehicles su as fire trucks (9) Non-professional ath etic events. (10) Essential services uch as electrical s f alerting persons to the time of approved testing thereof. Of emergency work, including snow :ing an public assembly activities conducted on is sp ce, or public right-of-way, except those troll d by the provisions of this Chapter. , except those activities specifically this Chapter. of those involving the ownership or , Code of Iowa. mass transportation vehicles. ambulances. (11) Construction and aintenance activities bet e Maintenance act, ities shall be nonroutine nature, and cond cted infrequently. Sec. 24.1-4. SPECIE C ACTIVITIES PROHIBITED. and safety devices. 7:00 a.m. and 10:00 p.m. Aerations, temporary in The following acts] among others, are deemed to be loud, disturbing, unusual, unreasonable and unnecessary noises in violation of this chapter, but any enumeration herein shall not be deemed to be exclusive: //Os 141CRDEILMED BY 1 - JORM MICR46LA13 -� 1 CEDAR RAPIDS DES MMES � r V,' PROPOSED NOISE ORDINANCE AMENDMENTS - JUNE 8, 1982 Page 4 Section 24.1- EXCEPTIONS (12) Cement sa ing of freshly -poured concrete street, alley, sidewalk, or road sur ce. Provided, however, that any person intending to engage in such ctivity between 10:00 P.M. and 7:00 A.M. shall first notify the Iowa City Police Department by telephone or in person that such activity ill be undertaken and the time and location of same. Page 8 Section 24.1-7 MOTORIZED V CLES (a) Delete last sentence ani/sub it e e This section shall not/ /apply delive require the operation/of t engin to loads or to vehicle � pr iding re rig other food products. sentence which reads: d�or pickup vehicles that nload or load their vending tion required for milk or MICROFILMED BY 1. JORM MICR6LAB CEDAR RAPIDS DES MO NES I i //d.S J9 i 4 ! TABLE I (Corrections to observed noise levels for distances less than 50 feet) DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS HP(A) More t 45 ft. 41 ft. 37 ft. 33 ft. 30 ft. 27 ft. 25 ft. ! I ! id ICADF ILIdED BY l "-JORM MICR#LAB CEDAR RAPIDS DES MOINES II //Ds i TABLE 2 Maximum Permitted Sound Levels, dB (Re: .002 Microbar) In C Zones and ORP Zone In M-1and M-2 2ed aZones Type of Analyzer Measured at R Zone Boundary, R Zone Boundary, C Zone Octave Band Octave Band Recreational Area, Recreational Area, or ORP Zone Pre -1960 Preferred Freq. Cycles/Sec.) (Cycles/Sec.) Impact Noise or School Area* Ad'ac Lot or School Area* Bounder 72 79 20- 7 67 74 67 74 - 75- 150 59 66 59 66 150- 300 52 59 52 59 f 300- 60053 46 53 600-1200 46 47 40 47 1200-2400 40 41 34 41 2400-480039 32 39 Above 4800 31.5 76 78 76 83 71 78 ' 63 71 2 65 72 125 65 6 57 64 250 57 57\ 50 57 500 50 51 45 51 1000 45 46 �. 39 46 2000 39 41 34 41 4000 32 39 32 38 8000 verall Peak 80 86 80 86 ' i i I MICROFILMED BY ..JORM MICR46LA13 ' J CEDAR RAPIDS DES MOINES i \ 2. _til I r ORDINANCE NO. Page 5 (a) Sales by "hawking or barking". No person shall offer for sale or sell anything by shouting or outcry within any residential area in the city, except in conjunction with an event which is exempt from the provisions of this chapter or for which a permit has been issued by the City. (b)Loading and Unloading. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans, or similar objects outdoors between the hours of 10 P.M. and 6 A.M. the following morning as to create a noise disturbance across a residential real property boundary or within a noise sensitive area. (c) Vehicle Qr Motorboat Repairs and Testing. No person shall repair, rebuild, m ify, or test any motor vehicle, mo rcycle, or motorboat either within a re 'dential zone in such a manner cause a noise disturbance or in any other ne in such a manner as to ca sea noise disturbance across a residential re property boundary oro doors within a noise sensitive area. (d) Powered Model Vehic s. No person sh 1 operate or permit the operation of powered model vehicle\Dev*ces. resident'al zone, in a public space or within a noise sensitive areaen the ours of 10:00 P.M. and 7:00 A.M. the following morning. (e) Sound Trucks and OtheNo person shall operate or permit the operation upon the public r is of a sound truck, or other device for producing, reproducing or amp fying sounds without a permit. Sec. 24.1-5. MUSICAL I/ENTS A\other LAR DEVICES. No person shall operatr pthe operation or playing of any drum, musical instrument or inst in such a manner to cause a noise disturbance or outdoors a noiitive area.Sec. 24.1-6. REGULATIONND EQT A D SOUND AMPLIFYING EQUIPMENT. (a) Except for activiten toublic and for which a permit has been issued by the cipersall so operate, play or permit the operation or playiny raelevisi n, phonograph, record player, tape deck or plaoud r, ampl ier, or other device for producing, reprodq ampg sounds any building or upon any premises, public or private other so d producing equipment or apparatus: (1) In such ma ner as to create sound therefrom w ich is plainly audible across a r sidential real property boundary or any public street or property. (2) In such anner as to create a sound therefrom which 's plainly audible 50 feet from the device, when operated in or on a m for vehicle on a public ight-of-way or public space, or in a boat on public waters. (b) Sound equipment --permit required. No person shall use, operate or cause to be used or operated any radio, record player, tape deck or player, loud MICROFILMED RY JORM MIC ROLA B- t I CEDAR RAPIDS DES MOINES ! I i //as r ORDINANCE NO. Page 5 (a) Sales by "hawking or barking". No person shall offer for sale or sell anything by shouting or outcry within any residential area in the city, except in conjunction with an event which is exempt from the provisions of this chapter or for which a permit has been issued by the City. (b) Loadi.pg and Unloading. No person shall so load, unload, open, close or handl@ boxes, crates, containers, building materials, garbage cans, or similar\ objects outdoors between the hours of 10 P.M. and 6 A.M. the following morning as to create a noise disturbance across a residential real prope ty boundary or within a noise sensitive area. (c) Vehicle or M orboat Re airs and Testin IJo�erson shall repair, rebuild, modif or test any motor vehicle, motorcycle, or motorboat either within a reside tial zone in such a manner i� cause a noise disturbance or in any other zon in such a manner as to c dse a noise disturbance across a residential real roperty boundary or o tdoors within a noise sensitive area. (d) Powered Model Vehicl . No person s all operate or permit the operation of powered model vehicle in a reside ial zone, in a public space or within a noise sensitive area tween th hours of 10:00 P.M. and 7:00 A.M. the following morning. (e) Sound Trucks and Other Devic No person shall operate or permit the operation upon the public reets of a sound truck, or other device for producing, reproducing or p Hying sounds without a permit. Sec. 24.1-5. MUSICAL INSTRUM TS AND MILAR DEVICES. No person shall operate, ay or permit operation or playing of any drum, musical instrument or sim' ar device which pr, ces sound in such a manner as to be plainly audible acro s a residential real �perty boundary or outdoors within a noise sensitiv area. Sec. 24.1-6. REGULATI N OF SOUND EQUIPMENT AND SOUND AM LIFYING EQUIPMENT. (a) Except for act vities open to the public and for which a permit has been issued by the city, no person shall so operate, la or operation or Qlaying of any radio, television, phonogra h, record playerermit , tape deck or player, loud speaker, amplifier, or o her device for produci ng e premises, cl ublicdornpriovateporf any others sound in nproducidnggor mr equipment o apparatus:// (1) In Ouch manner as to create sound therefrom which is plainly audible across a residential real property boundary or on any public street or property. (2) In such manner as to create a sound therefrom which is plainly audible 50 feet from the device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters. (b) Sound equipment --permit required. No person shall use, operate or cause to be used or operated any radio, record player, tape deck or player, loud 141CROFILMED BY I JORM MIC RbLAB I � CEDAR RAPIDS DES Id01YES i i Iles r ORDINANCE NO. Page 6 speaker, amplifier, sound truck or other device for producing, reproducing, or amplifying sounds, hereinafter referred to as "sound equipment", upon the public streets or in any building or upon any premises, public or private, if the sound therefrom be plainly audible across a residential real property boundary from any public street or public place within the city, unless said person: (1) First obtains a permit in accordance with this section; (2) Comp es with the conditions imposed by the permit, including the maximupermitted sound level shown therein; and (3) CompliesVO all other applicable provisions of this section. Sound equipmell not include: (1) Equipmenfor public health ands fety purposes; (2) Church ok rillons, bells or himes; (3) Parades,ssio s or other ublic events for which a parade or other peas be n issued, rovided the conditions of the permit are compith; (4) Automobidios, to a decks or players, or other standard automobiipment use and intended for the use and enjoyment of the occuprovided sound emitting therefrom is not plainly audible fe than 50 fee from the vehicle; (5) Recorded music used - a non\ehen ential zone in conjunction with a civil or religious c ebration (6) Unamplified live m sic providensored, or funded, in whole or in part, by a govern ntal entity. (7) Mobile radio or e1ephone signavices. (8) Car or truck orns or similar s when used to denote danger or a warning or po sible danger. (c) Fees. A separa a permit shall bire for each type of activity described belowPermits shall beansf rable. The permit shall be conspicuously isplayed on or immedadja ent to the sound eqiupment. Fees for soun equipment permits shestab ished by resolution of the City Council(1) No fee shall be required for and equipm t permit issued to the City of Iowa City, State of Ir the Fed al government or any other governmental subdivision ncy. (d) Information required. Application for permits required herein shall be made in writing to the City Clerk, accompanied by the required permit fee and such information as the City Clerk may require. If the application 141CROFIL14FD RY -JORM MICR6LAB CEDAR RAPIDS • DES MOINES //O,S J r L. ORDINANCE NO. Page 7 contains the required information, is accompanied by the required fee, and the proposed use complies with the requirements of this subsection, the City Clerk shall issue the appropriate permit. (e) Application standards. (1) Type A permit --general standards. A type A permit may be issued for sound equipment emitting music or human speech registering not more tha 60 dB(A)'s when measured at the real property boundary of the priv to residence nearest the sound equipment and measuring not more than AOO dB(A)'s at a distance of 50 feet from the sound equipment. Sound quipment permitted under a type A permit may be used only in areas o the city zoned for non-residential use and only between the hours of :00 A.M. and 9:00 P.M. / (2) Type B per 't -- sound trucks --general sta dards. Sound trucks may be operated onl under a type B permit. A t pe B permit may be issued for sound equipme mounted upon a motor ve icle and intended for use upon city streets p vided that the soun equipment emits only music or human speech registering not more t n 80 dB(A)'s when measured at a distance of 100 eet from the s and equipment. Sound equipment permitted under a pe B permit y be used only in non-residential areas and only from 00 A.M. to 9.00 P.M. (3) Type C permit--parks--E' for sound equipment em more than 60 dB(A)'s w the private residence r more than 100 dB(A)'s w sound equipment. Sound be used only in public grounds owned and operal to 11:00 P.M. for even body having jurisdict' 1 neraltandards. A type C permit may be used ting music or human speech registering not a asured at the real property boundary of ar t the sound equipment and registering not a\the ed at a distance of 50 feet from the upermitted under a type C permit may kand operated by the city, or public d her government body, from 10:00 A.M. aued and approved by the city or other ovpark or public grounds. (4) Type D permit--publ c or parochia A type 0 permit ma be issued forty human speech regi Bring not more th, real property bo Clary of the resit and registering of more than 100 dE of 50 feet from he sound equipment. a type 0 permit may be used only on school ground -general standards LAC 's with a school ponsored activity, from events author zed and approved by the jurisdiction f the grounds. equipment emitting music or dB(A)'s when measured at the nearest the sound equipment when measured at a distance id equipment permitted under 1 grounds, or in conjunction 0:00 A.M. to 11:00 P.M. for school authorities having (f) Commercial advert sin --sound equipment rohibit� . No sound equipment Tall be permitt d to be used on public streets Or public places, in any building, or up n any premises if the sound will'be plainly audible from any public stree or public place within the city, when any such use is for commercial advertising purposes, or for the purpose of attracting the attention of the public to any building or structure for monetary gain. MICROFILMED BY JORM MIC RfSLAB ! CEDAR RAPIDS DCS 'dDI4ES Iles r ORDINANCE NO. Page 8 Sec. 24.1-7. MOTORIZED VEHICLES. (a) No person shall operate or cause to be operated the engine providing motive power, or an auxiliary engine, of a motor vehicle of a weight in excess of 10,000 pounds for a consecutive period longer than 20 minutes while such vehicle is. standing on private property and located within 150 feet of property zoned and used for residential purposes, except when such vehicle is standing within a completely enclosed building. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads. (b) No person hall drive or move or cause or knowingly permit to be driven or moved a mo or vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limit at any time in such a manner as to exceed he following noise limits for he category of motor vehicle shown below. ise shall be measured at a d' tante of at least 25 feet (7.5 meters) from th near side of the nearest ane(s) being monitored and at a height of at lea t 4 feet (1.2 meters) a ove the immediate surface. Table 1 provides correc ions to observed nois levels at distances of less than 50 feet. Sound Pressure Level, d8(A) Speed limit Speed limit 40 MPH or less over 40 MPH Motor vehicles with a manufactur s gross vehicle weight rating (G R) or gross combination weight r ing 90 94 (GCWR) of 10,000 pounds or m e, or any combination of vehicles owed by such motor vehicle. Any other motor vehicle r any combination of vehicles towed by 80 84 any motor vehicle. Any motorcycle. \ 82 86 This sectio applies to the total noise f om a vehicle or combination of vehicles a d shall not be construed as limiting or precluding the enforcemenrs of any other provisions of this ode relating to motor vehicle muffleor noise control. (c) The me urement of sound or noise shall be made with a sound level meter meetin the standards prescribed by the American Standards Association. The instrument shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during 141CROFIL14ED BY JORM MICR6LA13 J � CEDAR RAPIDS • DES MOINES 1 j //05 1 I r C ORDINANCE NO. Page 9 measurement shall be positioned as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary notfe being made. (d) No person sh ll modify the exhaust system of a motor vehicle or motorcycle by installati n of a muffler cut-out, by-pass or other similar device and no person shall pperate a motor vehicle or motorcycle which has been so modified. A mfor vehicle so operated shall be deemed equipped with a muffler which em excessive and unusual noise and which is not in good working order. \ (e) 1) No person shall open of one or more r cr( an organized rac c manner that the so dBA for a total of exceeds 90 dBA for levels which exceed boundary of the disturbance. to a recreational vehicle or permit the operation tional vehicles, individually or in a group or in event, on .public or private property in such a I level resulting from such operation exceeds 73 Tree minutes in any continuous one hour period or ny period of time during such operation. Sound e limits herein described at the real property ivi'ng land use shall be deemed a noise 2) No person shall condu¢¢'1.or permit the conduct of any part of an organized racing eve t ich involves a contest between or among recreational vehicles on p blic or private property between the hours of 9:00 P.M. and 9:00 A.M. t e following morning. Sec. 24.1-8. ANIMALS. (a) No person shall own, �ossess or ha bor any barking or noisy dog, bird or other animal regardless of whethe the dog, bird or other animal is physically situated ip or upon privat property. However, the dog, bird or other animal shall not be deemed a ba ing dog or noisy animal if, at the time the dog, bird o other animal is arking or making any other noise, a person is trespassi/g or threatening to trespass upon private property in or upon which the og, bird or other ani 1 is situated or taking any other action which/tthat tease or provoke the g, bird or other animal to bark or otherwise sy. Sec. 24.1-9. COMMAND INDUSTRIAL PERFORMAN E STANDARDS. (a) No person shermit noise from any comm rcial or industrial use, as defined in ting ordinance, to exceed t e sound levels specified in table 2, excthe decibel levels specified shall be reduced by 5 decibels atundary line of a zone designated as residential in the zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the boundary line of a school located in a noise sensitive area between the hours of 8:00 a.m. and 4:00 p.m. when the school is in session. For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noise analyzer shall be employed. 141CROFILMED BY JCRM MIC R16LAB I CEDAR RAPIDS DES MOINES I, ! i //Or r ORDINANCE NO. Page 10 The flat network and the fast meter response of the sound level meter shall be used. Sounds of very short duration, as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the Preferred Frequencies (United State of America Standard S1 6-1967, Preferred Frequencies for Acoustical Measurements) shall be used in the table headed "Octave Band, Preferred Frequencies." Octave band analyzers calibrated with the pre -1960 octave bands (United States of America Standards Z24 10-1953, Octave Band Filler Set) shall be useg with the tables headed "Octave Band, Pre -1960." Sec. 24.1-10. POWERS AN,DUTIES OF THE NOISE CONTROL OF (a) The noise control pro am established by /bise tier shall be implemented, administered, and enfo ced by the noise fficer who shall be that person or persons, desi ated by the City (b) To implement and enforce is chapter thontrol officer shall have the additional power to: (1) Conduct research, monito 'ng, and ther studies related to sound. (2) Conduct programs of publi ducation regarding the causes, and effects of sound or noise and eneral methods of abatement and control of noise, as well as the a i ns prohibited by this chapter and the procedures for reporting vi lati ns. (3) Coordinate the noise con of active ies of all municipal departments. (4) Review public and p ivate projec , including those subject to mandatory review or pproval by of r departments, for compliance with this chapter, f these project are likely to cause sound in violation of this c apter. (5) Upon presentatio of proper credenti ls, enter and inspect any private property or place, and inspect ny report or records at any reasonable time when granted permission by the owner, by some other person with ap arenL authority to act fo the owner, or a tenant of the premises. If consent to inspect is withheld by any person or persons havi the lawful right to exclude, the officer may apply to a magistrate o the Iowa District Court in an for Johnson County for a search war r nt of the building. No owner o occupant or any other person hav ng charge, care or control of any structure or premises shall fai or neglect, after presentation of a search warrant, to properly permit entry therein by the officer for the purpose of inspecti n and examination pursuant to the provisions herein. (6) Issue Iound variances pursuant to the provisions of this chapter. (7) Prepare recommendations for consideration by the city council, after publication of notice and public hearing, for establishing the boundaries of noise sensitive areas. 111CROIILMED BY JORM MICROLAB I J � CEDAR RAPIDS DES 1401YES i i //OS 1 J 1 J ORDINANCE NO. Page 11 (8) Designate any area for the purpose of ensuring exceptional quiet and to be clearly posted with "Noise Sensitive Area" signs because of the noise sensitive activities conducted therein. These areas may include, but are not limited to schools, libraries, churches, hospitals and nursing homes. (9) Authorize the capture and impoundment of any dog, bird or other when the noise made by the animal cannot be reasonably controlled by the owner or other person on whose property the animal is located. (10) Require certification by a register/d engineer or other qualified person that the performance standard for a proposed use can be met. Sec. 24.1-11. OEPA TMENTAL ACTIONS. All departments and\ES. s of the city hall carry out their programs so as to further the policy ohapter. Sec. 24.1-12. SOUND (a) The noise contrcer shal have the authority consistent with this section, to gravarianc s from the requirements of this chapter. (b) Any person seeking a ound variance under this section shall file an application with the City C1 rk. The application shall contain information which demonstrates that b i ging the source of sound or activity for which the sound variance is sou t into compliance with this subchapter would constitute an unreasonabl h rdship on the applicant, on the community, or on other persons. The a pli tion shall be accompanied by a fee in the amount established by t City ouncil by resolution. The fee shall not be refundable. (c) In determining whether to grant, eny, or revoke the application the noise control officer shall glance the h rdship to the applicant, the community, and other persons of not allowing he sound variance against the adverse impact on the health safety and we fare of persons affected, the adverse impact on property ffected, and any other adverse impacts of allowing the sound variance. A plicants for soun variances and persons contesting sound variances ma be required to submit any information as may reasonably be required. Applicants are required to ive notice by certified mail to: (1) the occupant of surrounding single r two family residences located in an area hat includes the next two omes in any direction, or those within 100 eet of the noise source, wh chever is less; or (2) the owner r manager of multiple family residences, including hotels, within such area. In granting or denying an application or in revoking a sound variance previously granted, the noise control officer shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance. 11,9S t41CROFILI.1ED By DORM MICROLA9 -- L CEDAR RAPIDS DES td011VES J r' ORDINANCE NO. Page 12 (d) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to in writing by the applicant and placed on file with the Noise Control Officer. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted. Termination for non-compliance shall be made in accordance with Section 2-188, Emergency Orders, of this Code. Sec. 24.1-13. EFFECTIVE DATE. This ordinance(s1Fa1ViV ffect upon i passage, approval and publication in accordance with lak Sec. 24-1.14. SEVEF PROVISI NS. Each section, and ll prov Bions of this ordinance, is independent of every other sectioy and 11 provisions, and the invalidity of any thereof, shall not iany ther section or provision. Sec. 24-1.15. REPEAAll ordinances or prdi nces in conflict with this ordinance hereby are repealed, with the of ctions 5-35(7), 9 1-7(d), 23-137, and 24-48 of this Code. Sec. 24.1-16. PENALTY. (a) Any violation of the p I visions of his ordinance shall be a misdemeanor subject to the penalties of Section 1- of this Code. (b) Each instance of violat on of any of the p visions of this Ordinance shall constitute a separate o fense. Sec. 24.1-17. ADDITIONAL REEDIES. Any violation of the provis ons of this ordinance is deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by the District Court. Passed and approved this ATTEST: MAYOR CITY CLERK i 14IDROFIL14ED BY - CORM MIC REAL AB -i CEDAR RAPIDS • DCS MOINES I � a Pees I ORDINANCE NO. Page 12 \ (d) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to in writing by the applicant and placed o file with the Noise \Control Officer. Noncompliance with any conditio of the sound variance shall terminate it and subject the person holding 't to those provisions of this subchapter regulating the source of sound r activity for which the sound variance was granted. Termination for n -compliance shall be made in acegrdance with Section 2-188, Emergency 0 ers, of this Code. Sec. 24.1-13. EFFECTIVE DATE. This ordinance s all be in effect upon its p ssage, approval and publication in accordance with la . Sec. 24-1.14. SEVERA LITY OF PROVISIONS Each section, and any a d all provisi ns of this ordinance, is independent of every other section and ny and al provisions, and the invalidity of any thereof, shall not invalida any of r section or provision. Sec. 24-1.15. REPEALER. All ordinances or parts of ordin ces in conflict with this ordinance hereby are repealed, with the exception o ctions 5-35(7), 9 1-7(d), 23-137, 24-48 and. �`- - 31-32 of this Code. uq Sec. 24.1-16. PENALTY. (a) Any violation of the provisions o this ordinance shall be a misdemeanor I subject to the penal es of Section 1 of this Code. (b) Each instance of v' lation of any of the rovisions of this Ordinance shall constitute a separ to offense. Sec. 24.1-17. ADDITI AL REMEDIES. Any violation of t provisions of this ordinance is eemed and declared to be a nuisance, and as such may be subject to summary batement by means of a restraining order or injunction issued by the District C urt. f i Passed and a� ved this i MAYOR ATTEST: \ CITY CLERK � 1149S 1 141CROFIL14ED BY "JORM MIC RdLAB � ,F J L 1 I CEDAR RAPIDS • DES PIOIRES i It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON _ ERDAHL _ LYNCH MCDONALD NEUHAUSER PERRET First conside atio 6/8/82 Vote for pas :Ayes: ync c onald, Neuhauser, Perret, Balmer, ickson. Nays: Erdahl. Second co ratio Vote for p ssaae: Date PubAished i MICROFILMED BY 1. JORM MICR4/LA13 J CEDAR RAPIDS • DES MOINES F J //O 1 It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First const eratio 5/24/82 Vote for pa a yes: erre a mer, Dickson, Lynch, McDo d, Nays: None. Absent: Erdahl, Neuhauser Second c sideration Vote or passage: Date published r' I 1 MICROFILMED BY '"-JORM-MICRQLAB- 1 CEDAR RAPIDS • DES MOINES I I I 1 I f 1i '1 I It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ BALMER DICKSON ERDAHL �- LYNCH MCDONALD NEUHAUSER \ / ' PERRET First cons;deration 5/17//82 Vote for -passage: ye tccson, Lynch, McDonald, Neuhauser, Perrreet, Bal er. Nays: None. Absent: Erdahl. Second consideratti n Vote for passaq Date publi CROFILMED BY I_ -DORM MICRbLAel CEDAR RAPIDS • DES M014ES L Received g Approved By The legal Deparhnenf 1 S -11 -YL_ /Vs I r The University of Iowa ID.,; C,ty, Iowa 52242 Vic-: Plusident for Finance and University Sorvices June 18, 1982 Mr.. Neal Berlin City Manager City of Iowa City 410 East Washington Iowa City, IA 52240 mn Dear Neal: In response to your rquest, we have reviewed the provisions of the "noise ordinance" props\d to be enacted by the City Council of the City of Iowa City. It appears that the ordinance, if enacted, would not pose major difficulties forthe University. As I mentioned to you on the telephone, two provisions are somewhat ambiguous and could conceivably be interpreted to forbid band practices and public speaking activities. Specifically, section 24.1-5 prohibits the playing of "any drum, musical instru- ment or similar instrument in such as a manner as to cause a noise disturbance or outdoors within a noise sensitive area." Noise dis- turbance is defined in Section 24.1-2 as "any sound of such character, intensity and duration which endangers or injures the welfare, safety or health of a human being, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property." It seems conceivable that the outdoor practices of the University's marching band might be viewed by some as a violation of Section 24.1-5. Should the City wish to exempt band practice from the provisions of the statute this could be accomplished by amending Section 24.1-3 of the ordinance entitled "exceptions." A new provision of that section might be added: (12) Unamplified live music, provided, sponsored, or funded, in whole or in part, by a governmental entity. By making this addition to Section 24.1-3, it would be clearer that the noise ordinance did not apply to band practices. The second potential problem arises in Section 24.1-6, "regula- tion of sound equipment and sound amplifying equipment." This provision governs the issuance of sound permits to operate sound equipment. Sound equipment includes loudspeakers and amplifiers, and the prohibition on un -permitted use of sound equipment includes i I MICROFIL14ED BY f JORM MICR6LA13 i J CEDAR RAPIDS • DES MOINES j ilos 1 J r Mr. Neal Berlin June 18, 1982 Page 2 use "in such a manner as to create sound therefrom which is plainly audible across a residential real property boundary or on any public street or property." It is possible to read the ordinance to require public speakers on the Pentacrest, who are permitted under some circumstances to use loudspeakers, to obtain sound permits from the City of Iowa City prior to engaging in their public speaking activities. I believe that the best way to avoid this problem is to amend a provision of Section 24.1-3 (the exceptions provision). That section currently reads, in pertinent part: The provisions herein shall not apply to: . . (3) non- commercial public speaking and public assembly activities conducted on any private property, public space, or public right-of-way, except those activities specifically controlled by the provisions of this chapter. I believe that the deletion of words "except those activities specifically controlled by the provisions of this chapter" will eliminate the problem, and will not impair the effectiveness of the ordinance. Please feel free to contact me if I can be of any further assistance. i Sincer ly,�> Casey Mahon �Associ to Vice President 1 141CROFIE14E0 BY 1- JORM MIC Rl L413 --, CEDAR RAPIDS - DES MOI.IES 1105 r City of. Iowa City -• MEMORANDUM DATE: June 18, 1982 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from the City Manager regarding a ski show. Copy of letter from the City Manager to Iowa -Illinois Gas and Electric Company regarding gas and electric franchises. Memorandum from the Assistant City Manager submitting materials from the Broadband Telecommunications Conmission. Memoranda from the Department of Planning and Program Development a. College Hill Park/R3A Moratorium b. City/County Fringe Study Memorandum from the Director of Finance regarding funding for parking lot improvements. Memorandum from the City Engineer regarding frontage road on south side Highway 6 from Lakeside Drive to Bon -Aire Mobile Home Court entrance. Copy of news release regarding reopening of Dubuque Street and Kirkwood Avenue. Copy of Tetter from IDOT regarding Benton/Riverside project. i j._ MICROFILMED BY JORM MICR6LAB CEDAR RAPIDS DES MOINES I I City of Iowa City MEMORANDUM DATE: June 18, 1982 TO: City Council FROM: Ci0anager RE: Ski Show The Jaycees are proposing that a ski exhibition be held on the Iowa River on July 4. The attached ordinance would make it possible for the City Manager to issue a permit for the exhibition. Councilperson McDonald wishes to discuss this with the City Council at Monday's informal session. Il 141CROFILMED BY 1 --JORM MICMI LAB .1 1 ICEDAR RAPIDS DES MOINES I I #9900 1 J� ROUGH DRAFT CFw:pjt June 15, 1982 dstot Requirements for Fast Enactment of an Amended Ordinance. Chapter 380 of the Iowa Statutes governs the enactment of city ordinances by Iowa City. Section 380.3 requires proposed amendments to ordinances be considered and voted on for passage at two council meetings prior to the meeting at.which it it to be finally passed. This requirement may be suspended by a recorded vote of not less than 3/4 of the council members. If the requirement is so suspended, apparently an ordinance can be considered and passed at one meeting. Section 380.4 provides that passage of an amendment to an ordinance requires an affirmative vote of not less than a majority of the council members, except that the mayor may break a tie vote in a city with an even number of council members. Each council member's vote on an amendment to an ordinance must be recorded. Section 380.6 provides that amended ordinances become effective, if the mayor signs the measurewhenpublished, unless a subsequent.effective date is provided in the amended ordinance.' Section 380.7 provides that the city clerk shall publish all amendments to ordinances in a manner provided in section 362.3. Section 362.3 provides that a.publication required by the city code must be in a newspaper published at least once weekly aAd having general circulation in the city. In aum then, the city council can pass an amendment to the ordinance authorizing Neal Berlin to issue a permit for a water ski show on the Iowa River provided the requirements of Section 380.3 are suspended by a recorded vote of at least 3/4 of the council members and provided a majority of council members vote in favor of passage of the amendment. The ordinance will become effective after the mayor signs the amended ordinance upon publication of the amended ordinance in a local newspaper by the city clerk. //0 6 MICROFILMED BY _ f i -DORM MICRbLAB-- -� CEDAR RAPIDS DES 1401NES I ! r "1 LL r June 16, 1982 Mr. Thomas Hoogerwerf District Manager Iowa -Illinois Gas & Electric Co. 1630 Lower Muscatine Road Iowa City, IA 52240 Dear Mr. Hoogerwerf: The City Council has discussed terms for renewal of the gas and electric franchises. After you have an opportunity to review the proposals, I will be pleased to receive both your oral and written response. Resolution of these issues in a timely manner will permit the scheduling of the franchise election at an early date. 1. The City proposes that the franchise be a relatively short document granting a non-exclusive franchise for gas and electricity service. A separate regulatory ordinance will provide for those other provisions deemed necessary by the City. 2. Undergrounding of electric service has been provided in new subdivisions and part of the central business district. The City desires to receive a schedule for the completion of undergrounding of service in the central business district and .other commercial areas. In addition, the City wishes to explore the issue of undergrounding of service within existing residential neighborhoods. 3. Iowa -Illinois currently provides a very favorable rate for mercury vapor street -lighting. The providing of a similar cost efficient rate structure for sodium vapor street lighting is desired. 4. The City's non-exclusive cable TV franchise provides for a franchise fee of 3%. A similar franchise fee for gas and electric service would be appropriate. 5. Increasingly utility companies are providing energy conservation services for the consumer. Such endeavors include loans to finance the installation of insulation and customer credits for installing energy saving equipment. The City is interested in knowing what energy conservation services Iowa - Illinois currently provides and intends to provide in the MICROTILMED BY I JORM MIC REAL AB � CEDAR RAPIDS DES MOINES I 1107 J �r Mr. Thomas Hoot serf June 16, 1982 Page•2 future. The City desires to maximize customer use of energy conservation programs. 6. The usual renewal period for a non-exclusive franchise for gas and electric service is twenty-five years. The City wishes to determine Iowa -Illinois' attitude toward a lesser period of time. Considering the very rapid changes taking place in the energy field, a shorter period of time might be advantageous both for the City and Iowa -Illinois. As our discussions proceed, the City reserves the right to present additional issues to you for consideration. Sincerely yours, Neal G. Berlin City Manager cc: City Council Robert Jansen be/sp IJ I MICROFILMED BY r I JORM MICR6LAB I� j CEDAR RAPIDS • DES MOVES /!p 7 City of Iowa city MEMORANDUM DATE: June 18, 1982 TO: City Council FROM: Dale E. Helling RE: Broadband Telecommunications Commission The attached material is being furnished to the City Council at the request of Nicholas Johnson and with the concurrence of Bill Terry, Chairman of the Broadband Telecommunications Commission. I i MICROFILMED BY f' -JORM MICR6LAB CEDAR RAPIDS • DES MOMES I //0 IT D r _Z May 18, 1982 Broadband and Telecommunications Commission Minutes of Meeting Maa 4, 1982 Concurring Statement of Commissioner Nicholas Johnson This is a statement of my understanding of our meeting of May 4, 1982. It is not an effort to (1) question the accuracy of the minutes, (2) reopen the discussion, or C3) criticize the handling of that meeting. I may have been confused at the time, and now. This is feelings not facts. The meeting was, Primarily, given over..to an effort to evolve a Commission view regarding 100 universal service. Ps such, it seemed one of the best meetings we'd had. There was a reality, as well as appearance, of genuine and full Participation. We all seemed to work together, to modirg views, to seek the best possible polica. Much of the credit goes to the open manner of Chairman Terry. It was my understanding that the philosophy emerging Prom that discussion was one 1 will call the "bee sti•rg." That is to say, those citizens creating the vera highest, costs of installation (say, $10,000 Per home rather Than $300), would be assessed enough -- but only enough -- to insure that they would not frivolously ask for installa- tion only to cancel. It was my Perception that it, was not our Purpose to save Hawkeye money, to•fu'lly cover its costs, or to set, the price so high that the franchise requirement of Providing service "to all residents .4.- would be frustrated ba our action. I have since reviewed the franchise once again and modified my views on the merits somewhat. (My dissenting opinion of May 11, 1982 is available in the official Commission records.) Even at the time, the amounts of money we were talking about seemed too high. But in the Prevail- ing spirit of compromise the formula seemed within the ballpark. We voted on the proposal, any I went along with it. It was, by then, late -- had been a long session. We we dinner time and hungry. The ai time to congratulate ourselves adjourn. Perhaps after 7100 p.m. It, re tired. We were well beaond r was stale. It seemed a good on a Productive session anrd Instead, there were a Series of what seemed to me at the timed and su.bsequ.ently, unfortunate actions. mcROEILMED BY JORM MICRbLA6 CEDAR RAPIDS • DES MOINES /tog, 1 J r• -- L. -- (I ) - (I) We be9a'rI a discussion of the extension Policy. That seemed to me unwise --.even under the best of conditions. We had Just evolved a new PhilosoPhq (the "bee sting") which seemed, to me, fully aPPticable to the extension Policy. It had never been discussed in that context. To do so at that hour of that evening seemed to me to be asking for trouble. To fail to do so would be irresPonsible and inconsistent with what we had Just done. In short„ that we would even undertake the subject, at that hour was the first shock.. (2) The extension Policy was read to the Commission by a single Commissioner. It was -not clear who had drafted it, or where it had come from. The franchise clearly Provide that, the extension Policy, if any, is to coma from the comPany as a ProPosat. That was the second shock.. (3) During the course_ of what little discussion ensued, it became obvious that, some Commissioners believed we had not Just resolved the full costs to unserved subscribers at all. We had merely Provided for their share or trunk costs. We had not seParated out the "extension Policy" discussion as a matter for future aPPlication, as had thought. We were about to aPPly it to Presently unserved homeowners, as well as those in the future. What we were about to do, in short,, seemed to me a double taxation totally inconsistent with the "bee sting" PhilosoPhv we had Just evolved. That was the third shock: (I am fully mindful the minutes, as reported, indicate it was I who made the motion Providing for a dual,a_sess— mep�+ I have not listened to the tape and therefor? cannot' challenge that minute entry. Cut it is not the PurPose of this statement to "set the facts straight" ameala.y. I may well have been confused then and wrong now. This is merely an exPlanation of my feelings and understandings at the time.) (4) Two Commissoners (Sandy Eski'n and I) suggested -- in view of the rising tension -- that we PostPone a vote on the extension Policy and adjourn. (5) R vote was called for. It Passed unanimously. The Chair then announced the extension Policy had Passed. The shocks were corning thick and fast. The Pourth 141.as that Commissioner E=k.in and I were thought to have voted for an extension Policy -- which o.le had Just su.99ested not be voter.{ upon. We both, indePend._ntly, believed ourselves, to be voting on a motion to adjourn. MICROf ILMED DY j JORM MICR6LAO j CEDAR RAPIDS • DES MOVES //09 1 J r The fifth was that, a vote would be held without what, I believed, was the necessary discussion following the adoption of a brand new philosophy only minutes before -- the need for which I had articulated. The sixth was that, having explained our misunder- standing about the nature of the vote, we were not extended the comity of being Permitted to record our votes Properly. The other two Commissioners were taking the Position that, even though two Commissoners of a four -person Commission genuinely and independently believed themselves to K_ - voting on a motion to adJourn, their votes would, nonethe- less., be Permanently recorded -- not, subJect to revision -- as supporting a motion which at least one of them =_.trongly opposed. Ultimately, as the minutes record, a formal motion to reconsider Passed narrowly -- after a Pregnant Pause, Blj.t the seventh shock was that One Commissioner would, even then, hold to the view we should not be permitted to record our true votes. As might be expected, seven such shocks in what, seemed no more than that mann minutes, given the hour and hunger, Produced a heated exchange. The Chair believed his character had been attacked. I explained then, and sub_.equently, that so far as. I was concerned <ii it could not be attacked given his outstand- ing reputation in Iowa Cit' -41 (2) such was not my intention -• E3? nor ma desire. I urged that he not act, on his intention to resign. It, was, as I have repeated here, one of the most Productive meetings in which I have participated -- up to the last few minutes. The seven shocks were disturbing, however, and the reason for my outbursts at the meeting':. end. To the extent aPPologies are necessary to my fellow Commissioners, I extended them on that or_casion, and repeat them here. 141CROFILMED BY 1 JORM MIC R6L AB 1 � CEDAR RAPIDS •DES btOL'IES I, _ i 110£{ r Draft May 4, 1982 For ETC Discussion Hawkeye Cablevision Triennial Review Frorramninr Statement Cable television is Prorramninr. This Coimmrlission confronts issues of Plant construction, rate structure, duality or service, bill:ine, franchise comPllance, community staff and studios, •state Of the art' improvements, and mans more• But the reason for those concerns, in the last analysis, is the delivers of Prorramminr to Subscribers. It is arPropriate, therefore, that this Commission rive considerable attention to PrOgramminr issues during the Triennual Review Process. Pr Orramrling Categories As is so often the case with one -word concepts, the word 'Programming' conveys both too much and too little. There are mane tyres of Programming service cable can offer. They are so radically different from one another - in contentr technolory and economics -- that they really need to be discussed one category at a time. This is an effort, however arbitrarily, to set forth some of those Programaiinr categories. I. Over -tine -air. Historicaily, and today for most viewers most of the time, cable is an alternative distribution system for conventional, over -the -air television stations. It may improve the Picture anality. It may briny stations otherwise marginally receivable. These are the locally -based commercial network affiliates, PSS outlets, and independent stations (if any). 2. Super -stations. Communications satellites have been the technolorical and economic foundation upon which today's cattle industry is built. They make many services Possible. One is the national satellite distribu'Liar, of local, over - the -air television stations' signals to cable systems everywhere.Examples, received in Iowa City, are WTES-TV from Atlanta, and WCN-TV from Chicar.,o, %%09 MICROFILMED BY --JORM MICR6LA13 LF... ' J� I CEDAR RAPIDS •DES MOINES, 1 r 3. Satellite networks. A second service made possible by satellites are independent networks. Such satellite - distributed networks may have no over -the -air stations anywhere carrvinr their proGramminG. They are exclusively distributed by cable systems. An example here is the 24-hour sports networkr ESPN. 4. Pay cable. 'Pay cable' is simply another name for a satellite network, usually offering mostly movies. The difference lies in economics (and technolony). The channel is normally blockedr and cannot Lie received by the cable subscriber without the payment of an additional fee each month. HBO is an example on our system. S. Community channels. These channels are the most unlike conventional televisions in their economics, technoloGv, and socioloGv. They represent an opportunity for community institutions and individuals to t_se the cable resource to serve local needs and desires other than professional -Quality conventional TV entertainment. In Iowa City these are channels 20, 26r 27r 23 and 29. e. Leased'chartnels. Leasing channels is merely a different economic approach to television. The channels are otherwise comparable. Channels controlled by the company may be leased by them to any user willinr to pay the fixed fee. Ours is channel 5. 7. Character Generation. It is possible to putt print on a screen, rather than Pictures. This is more of a 'prosramminG' technioue than a matter of technological or economic distinction. We use character Generators an the weather channel, Hawkeye's channelp anti the community channels. S. Interactive. InstallinG a two-way capability radically alters our relationship to television. It turns it from a passive to a (however modestly) active medium demandinrr or at least permittirGr viewer paticipation. The Participation may involve votinG, beinG polledt indicatinG answers for an exam followinG televised instruction, or shor-PinG,or,bankinG bw mail. Advanced staGes or interactive cable would include the use of computer terminalsr or the creation of an alternative 'local telephone company' via cable's lines. 9. Automatic services. Much of today's technoloryr even in our homes, operates without hUrroari intervention: the thermostat turns the heat or air conditioninG up or down in response to the temperatt_rer the oven (or videotape recorder) turns off a,rtomat:i.cally when desired. Such MIOROE1LMED BY i JORM MICRbLAB J I i CEDAR RAPIDS •DES MOVIES � I 1168 1 r functions utilize wires -- usually within our homes. Thew can also be operated more remotely, at the end of longer wiresp like those in a cable SVStem. This would permit community -wide monitorinr.of burrler and fire alarmsp for exampler from the cable comparv. Issues 1. Rates. The proposal was made at the Public Hearing on Triennial Review that variable rates tie charred for cable programmil-igr sometimes called 'tiered service.' Manv systems offer 'basic' cable service to Subscribers for freer or radically reduced cost rates (sawn $2.00 a month). This is consistent with the 'life line' telephone service Provided in manv areas. For exampler a free (or $2.00) basic service here might include the aver -the -air stations and comm) -mitt' channels -- a 13 -channel service. A 'full service' ($7.95) would include the character generator channelsr *super-stationsr' and networks like ESPN. An added fee might be assessed (as proposed bw Hawkeve's Manager Slough for the first time in a recent Press Citizen interview) for CNN and comparable services for which ATC must pay. Finally there would be channels like HBO and Cinemax for which viewers are used to Paying substantial additional fees. We need to have some notion of the•imract of such changes upon the company the reaction of the City Council and Publicr and (if adopted) a fixed time table for the change -over. 2. Process. One of the central consumer issues in cable programming is the absence of opr-ortunitw for subscriber input into the program decision making process. Althourh there is tall: of a 'marketplace' alternative to regilationr the fact is that there is no wav subscribers who would like to burr saw, CNN from the source can do so if their cable coRlpany chooses not to carry it (as Hawk.ewe hasp so farr refused to do). There is no wav thew can vote with ballots to express a choice. They are, in Practical factr totally disinfranchised -- insofar as legally enforceable rights are concerned. (The cable company -- as anv unilaterally powerful institution -- mawr of courser decide on its own to be responsive to subscriber wishes for reasons of profit or Public relations.) We need to Pursue with Hawk.ewe procedural ways for subscribers to particir-ate in the prorramming choices directly. 3. Community Pr Ogrammina. Communi'tw prorramminr., is, in mar•w ways the heart of Iowa City's cable system. It is what is unirue, s source of self expression, community partici- micRor ILMED BY t JORM MICROL46 I CEDAR RAPIDS • DES M01, it 6r 1 J r ration and commun itd buildine, a rationale for the system. We need some vera specific commitments from Hawk.ewe for the next three dears.- (a) Will the company continue to support the Prosrammins fend at the $5000 a Bear level (or more), or was that a one-time Promotional Brant? (b) What level of fe,ndins will be available for replacement, and additional, eQuipment? What use formulae are appropriate for triGaerinG aUtoNatic Purchasing decisions? (c) How much staff will be available, for what functions, at what salary levels over the next three wears? (d) Does the compary favor the notion Of an independent tax-exempt foundation to receive Grants from Hawkeue (arid others) and award PrOerammine srants? (e) Is the company willine to commit itself to distribute mailings from community Groups to subscribers in the rtionthld billing envelope either free or for whatever the incremental Postaee (if and) may tie? 4. Satellite services. What.does the company Project as its needs for additional receivins dishes over the next three years to receive all satellite services? What commitments is it willine to make to new dishes? Out of a list of currently available satellite Prorrammine, what does Hawkeue Project it will be offerins Iowa City subscribers bw fixed future dates? What not? Why? In accordance with 2, above, what Procedures would the company find accertable and Persuasive for Public Participation in these decisions? S. Interactive. What Plans does the company have for the installation of interactive services during the next three years? At what costs? What services, offered in Alreerican communities by ATC or other companies at this time, will riot be available in Iowa City? Why? b. Automatic services. The same questions as for 5, above. 7. Pornographic ProeramReinG. As new X and R-rated satellite services receive more distribution, and comment, from cable systems and subscribers during the next three years, what does Hawk.eue Plan for Iowa City? What Procedure does the company believe to be most appropriate for formulating such Policies? Conclusion This is a roe.erh first draft, for discussion only. Once the Commission has concluded its consideration and editins, it will be made available to Hawkeye Cablevision for comment aria response. The Commission will then Proceed to I41CROFILMED BY JORM MICR46L 40 i CEDAR RANDS •DES MINES i which Hawkewe will have been dear Period. fespectfully submitted. licholas Johnson Ii MICROFILMED BY I I_ JORM MICR+LA6 � CEDAR PAPIDS DES MOINES I � 108' JI{ r May 11, jyu;f luwd Ulty t:P Oad Ooi'u] al"O lel CCOIr,IOVrIl CatlOn5 LORI RIi ss lOil Ke COmIllei1Qations to the Llty L'Ounctl KeGarair,G HawKeve 1UU% Servicer L"enslan "i1 cy and New Uevelopments UlsserltllIG UPI1110r, Of' LORlrtllssl O,ier NICs Olas JOnnsorl . the Question Oer`ore thls LOlillklss2orly and this C O,RIRI•IfLL tyl is 51111P1e. Wna Gets caOle and whit dues I.10tY t:v whelle fired at what Pr1Cee the hrancnlse the ironcnlse sreaKS to the 1ssUe in a r,!nnOer or' contexts. (1) We wanted a systert, O!nitr anil Promptly. f:ec C1 Un 14—/Y Provides t`or 0eG1nr1lrlG constr,UCtldn witnln 1SU days 61-10 •sl.UStantlall`J cOmPl,?t1rIG* It wltnitl Y4 IhOI'7tnS. j Com) We wanted service avallaOle CO the entire CORtlid.l rllty• Ar, e, -,Press Y1ndlnG In. sec. 14-/Y Provides, -.it 15 hereby deemed In the PUO11C 1ntFlPe='C that Lne systtem Oe City.'' o3s rapidly 65 Poss1011? t0 all reslael-Its Within the City.' It also Prov113es that wltnin ;it1 In Oi,tils I,awY.eye Shall 'o?'fer Oaslc servlce to One nuilared per Cent of the dwe111rIG !'Alts In the servlce area VO which acre=_s is leG,311V and redsonijoly avallaOle.• (J) We wanted to maintain f1.111 CORI IIIl II -Illy coveratie ow cable 1fI the i'Uturer OV reG!11r1nG tnat service be extendea to new oeveldriterlts and newly 1411neXed areas Ci' Iowa L'1 ty. SeCY.l Orl 14—ild reGlJlres that Hawk.eye •mall at 1ls GY.Pe h wltln a reasonaole amOUnt or tlme e;;tern3 Its ilse (coverace) to Provide t!I network. servlce t0 all resj,cents dY: a. Newly annexed 'areas or the city riot there served •r Or O. New hollslnG areas . .r Or c. Any resident . . Within two nundred t'eet Or' an e;;lstlnG networK.- (4) Plnallyr we recOGnlzed that 51-I05Crloers beyond two Mildred Veet or the tPunK 11nes m1Gnt be G00jected to un1Glle Prdvlsl Onr. Sectl On 1'f-/8 ilses •exterlslon p011cy• to oescloe SUCn PrOPOSals iroal the cuToPanyr which RlUst be apPrdved by the L'lty. Inat's the. low. IUU;. Service Let us consider the P-011CY r'Or a IOORIGI-It. 1168, 1 MICROFILMED BY JORM MICR6LAB J CEDAR RAPIDS DES MOINES I I ; r Ine words 'comr0!a51ty' and 'coRtlL!4'llcariun,3' nave similar routs. lt' someone 11V1rIG near Iowa Lity reads t11e <eaar IiaPtdS GazeLter watches WEAN-lvs Lea3r Hapiaso an -3 Listens to WMIP Leadr HaPldSr they are, t'or Ir(l)-it purposesp wltnir the Ueaar KaPidS 'comm!'nit'.i' reGaraleSs O'r' wnere they live. the drafters of aur trancnise realized that tr Uth. Ihey wanted to use Iowa Ia ty's caole sys'tenr to O!1110 a comm!initw -- to tie all Iowa t:itw residents more closely tauether. Ihey wanted everyone to have service and (with one POSsioler and lllrrlteOr exception. called the 'extenslorl policy") at the Same, relatively low aria a'tfuroaOler Price. That Perceptiont arra oesirer surfaces aGain aria aGaln thrOUGnout the t'rarrcnise. 'Ine Public interest' reouirea service be available to 'all residents.' the crafters wrote. Ines Vnew now to user and distinGr!isn+ the notion of 'suostantially' serves -- arid Used it or, one occasion (the 14,i-mantn deadline). tut . the finisneo systemp they saiar was to Provide service to '1UU7 at the owellinG units.' it's Pretty hard, in the face at' tnat lanaijaue and the rest at' the rrancnlser to arGije that an expression as Precise as 'lUtl%' Rleans sometninG less than 'lUUZ- . Nor is it consistent with that Ph11OSOPhy and Policy (in my view) to Propose that some residents be assessed more than Otner9 for the Provision OT Oas'1C trunk, lines. (Ine 'exatenslon policy.,' the less -iris from those trunks to hORieSr is another matter I'll treat a little later on.) LeGally al'la Iieasonaolu Availaule Hawk.eve, and a majority Of this L:ommissorlr arGue that the 1UU7. reduirement is limited by the 'legally and reasonably available' Cla!rse. Indeed, it is. the auestiOn is now that GualifyinG Phrase is to be interePretear Given the clear poll,cv at' the rest of the franchise. In the very next SubseCtiorrr in aiscussinG the construction timetabler the franchise drafters also dealt with the concept at' reasonaoleness. Hawkeye's delays miGh't be excused if 'reasonaoiW beyona its control.' Girt the drafters went on to sPeclfy the Kinds at' thinGs Lney nae in mind. Ihey mentioned inaoilit'i to Get easement riGhtsr Governmelit restrictionsy striKesr wart national emerGenciesr and acts of Goa. 'heasonaoly available aCCesSr' 1L seems to mer carr OV 1 MICROFILMED BY I JORM MICR46LA6 J ' CEDAR RAPIDS •DES MDIYES i r riO s'tr'e'tCn o'f the 1maGinatlonr de lr(terpre'ted to mean 'Profitably availaole access.' the Llty was to be IUU% wired with trunk lanes, Perloo. Inas was to be (as the newly annexed PrOPertw Provisl Dn expressly Pr OVldesr aria the rest Of the franchise implies) 'a't its (Hawkeve-s) expense. the drafters were aware of the possibility or. adaitlOnal assessments. Un one occasion they maw have Provided for them (the 'extension pollcyr' for GoinG over ::UU feet beyond the trunks). L:learly they Knew now to do so aGain (in the very next section)r had that been their intention. They did riot do so. What IS meant oy access not Oe1nG 'leGallw' available is relatively clear (such as the erselrier.t rlGntsr mentlorted In the heft subsection.) 'Neasonaoly available' ISr or Courser less clear. e-Ut -- Given the 'all residents' and 'lUU%' larlGuaGe -- It seems to me most 11Kely that 1't refers to thinGs 11Ke acts of Uoor wart and So forth. niGnt additional construction costs ever be relevant In tnl S. COrlteP:ty l think, nott Given the drafters failure to Provide expressly for additional assessments, but assUlrie ' they were. the only colorable arGument that miGht be Pressed 1s that the cost of a particular trUnK liner on a Per mile (Or Per foot) basis waS radically in excess at' the Projected costs. nor eXamPlet the company mlGht have to deal Wlth Some totally unPreaIcaole chanGe In the patil Of the Iowa Naverr, or find it hao to blast thrOUrh solid racy. It could riot reasonaolw have Known was there. So lonG as the costs Per foot are within the oallparKr an undertak,lnG to Provide Service to 'all residents within the Uity' Clearly renuiresr It seems to met that an area of Iowa Ulty Is 'reasonaLl.uy available' even tnOUGh it may Cie more distant than some other Part. the company Knew well what it had taken on. It was to wire Iowa L'ity -- for 'all residents.* the location and cOnfIGUration Of the laity was not hidden from View. Not Hawk,eve is not arGui nG that Owe111nG units are not 'reasonably available' in the sense I've aescrloed.'lhew arGUe that they are not 'reasonaoly available' because they cost more than Other units -- in some cases a lot more. They pleao that same indl Vid!jal dwellinG units may not return a Profit to HawKewe. They may be riGnt. Ihat's beside the Point. We•mati have aGree(l to a reasonaole rate of return to 141CROFILMED BY i JORM MICR46LA13 � CEDAR RAPIDS •DES 1401 YES , I -410-T r L�..1 1 the COmpanw for its investment. We nave `jet to unoertak.e a rate increase Proposal. t:UL we nave not -Greea it can insist upon niakiriG a Provit from each installation. Yesr ProvidinG trunk.s to some owe111nG units costs more than to others. We knew that. Flo dia they. And for everw unit tnat costs more, there are ten apartment units that cost less. the onlw o!,estion as to Pror'it (aria it's rot before us now anwwaw) is whether lime Lire/AIC/HawY..eye Uablevision will be able to make money from the Iowa Uitw SvStGnl as a whole. Lvpry inolcation is tnat thew will. Ine txteneion t'olicv the franchise makes Provision for sometnlnG called an 'extension Polic`j' ire Section 14-/U. A1thouGn it makes no reference to additional assessment char Gest neither does it e7:Presslw Prohioit them. it's Purpose iSr frank.lw, unclear. In ariv eventr the franchise ei:Presslw reQulres that 'the Grantee (Hawkeue) shall file with the city Clerk two copies of its e.7tensian Policy. . ..' Ine extenSian PO11Cw aPprovea ow this Commission Mav y, lYUi! was riot (so far as the records 1 have been Provided indicrte)r Submitted to Us OV 'the companv. It was read ba one Commissioner. It was approved ov a vote Ot' tnree to one. Mw dissent concerned both the substance of the Policy ano the refusal to Provide an opPortunitw for aiscussion. the Policwt as 1 unaerstana its is to be that subscrioers bewona GUU feet of a trunk line will nave to Pay the full costs of runninG the line to their dwellinG unit. (It is riot now clear to nip wnether tMey are to Paw the entire cost, or onlw the full costs in excess of 1000 feet.) Where to beGin'e hor startersi, we need a Proposal from the companw. if we ever Get it (or if we already nave), aria if it Proves to be the Saltie as that Proposed ow the uanimissionert hoPefullw all will concede that this Policw ist in no senser mandated by the franchises It is a matter of Commission (and ultimately City Louncil) discretion. 5o what it the Policv's rationale'e to hold the COMPariw harmless'e to insure that it will be aole to make a Profit on everw installations riot j!ist the entire Iowa L'itw swGteme Who unturned that folinoation stone ouried oeep within the franchise*e 1 can't find it. moor ILMED BY ' JORM MICR6LAB ,J I CEDAR RAPIDS • DES MOVIES r NJ Nor if any adoitional lana coarse at all rtuGht be warranted reo!rirea not convince❑ it 1s> Ono it's Certainly riot ed by the t'ranchise) its PurPose snor.Ild be Muco more limited, Une can mak.e an ar Gument that the city as a whole is served ov avoldInG waste. It is wastervi to expend 5b000 or 51Ur000 (rather than the SbUU averaGe) runninG a lead-in to a homer 11' the SUbscrlOers are GOinG to watch the cable for a COUPle months arra there cancel• the franchise e>:Pressly (and by implication) Provides that costs of initial construction are to be born OW the cC)MPanW aria are not the basis for rate increases. Nonetnelessy we really don't have the resources to match .creative accountinG- by a conGlomerate corporation based in New York.. And those e%PenSes may, SOmedayr find their wav OaCK into the mantniv char Ges Paid by•evervane In town. Inas Potential waste can be avoided OW ProvldinG some financial incentive for the subscriber to think, twice before irrstallina Cable Or, a lark, arra thea cancellinG. SOrtre sharinG of over-::UU-foot lead-ins 15 a way to do that, tut that's a rtu!cn dlft'erent PurPose -- and Price - than coverinG 1UU% Or' the comPanw's costs. hOr e;:amples one could Provide trp t0 'LUU feet at COUIPSnW e.:Pen Sef and tn'en share the costs beyond that 1U7. sUbscrlberr.l)'U% comPanw with a rtra;:imum Ot'r say, $bUU beinG 1mPosea or, the subscriber. 10 raise the of resident beVOnOa I'beeeStinGrinstallationto alevel O that yPrevents Iowa ty installation -- that Prevents access to comrtlunity Pror.,rarrlminG aria Iowa Lity notices, that Prevents ParticlPatlon as a citizen of this communitu -- seems to me to t'ly in the.face of the clearest lantivase and Intentions Of the drafters of this i'rancnise. New Uevelopments In lime with this analysis. 1 believe the franchise envisions a Promptwirina of newly annexed areas and developments wltnln Iowa City. 1 do not believe the francni5e redUlres Us to Propose only Policies that rtla7a maze HawKeye's reven,.Ier and best suit its convenience. (here is, of course, no real_Iirement that HawN.ewe wire 141CR0E1LMED BY - I -JORM MICR46LAD � CEDAR RAPIDS •DES MDIAES I E -, empty lots or houses. t11_rt assurrre there are People there, informed of their riahtsr who have asked to nave Cable. At that Pointy 1 believe 'at Its expense within a ressonaole amount of time- means -richt now.' It noes riot mean 'within a year.' It does not mean 'after the next ouaret cycle.' Norr of courser d0es it mean 'within 29 hours.I It means as soon as a Crew Of the richt sizer with the rlrht eauiPmentr co!r1d do it OW workinG full time at the job. 10 the extent the L•ommission is recommenolnG Policies and Positions to the Iowa Clty Council inconsistent with this analwsis, I dissent. NiChOlas Johnson box lu/6 Iowa L:1ty IA. b'._'14y •ilY-�.�/-JJJJ i I4I CRDEILMED BY -JORM MICRbLA13 -� CEDAR RAPIDS • DES MOINES i r ;ity of Iowa City Date: June 18, 1982 To: City Council From: Karin Franklin, Planner Re: College Hill Park/R3A Moratorium Computation of the total square footage included in the area outlined in the proposed ordinance for moratorium, given first consideration by the Council on June 14th, has been completed. The total square footage represented by those people protesting the rezoning of the area is equal to 20 percent or more of the square footage of the entire area. Therefore, a three-fourths vote of the members of Council will be required to adopt the ordinance and establish a moratorium. A three-fourths vote of the members of Council equals six affirmative votes for passage. All signatures on the petitions have been notarized and verification of ownership has been done at the Johnson County Courthouse by the planning staff. A valid protest is one which is notarized, verified, and represents property.within the affected area, within 200 feet of the rear lot line of affected property, or represents property opposite the affected property and not more than 200 feet from the street frontage of the opposite lot. Attached are various statistics compiled for the College Hill Park/R3 Area. They include: 1. The total square footage of the area defined in the ordinance, and the area represented by valid protestors. 2. The total square footage of the area excluding South Johnson Street, and the area then represented by valid protestors. 3. The total square footage of the area excluding everything south of Burlington ' Street, and the area then represented by valid protestors. 4. The current density for the area defined by the ordinance, for South Johnson Street alone, for South Dodge Street alone, and for the area north of Burlington Street. 5. The number of buildings which would become non -conforming were the area to be downzoned to R3 in the total area, on South Johnson Street, on South Dodge Street and in the area north of Burlington Street. (This does not include rooming houses.) G. The number of multi -family, rooming house, and single-family dwellings in the total area, on South Johnson Street, on South Dodge Street, and in the area north of Burlington Street. MICROFILMED By 1 JORM MICR46LAB CEDAR RAPIDS DES MINES 1109 1 COLLEGE HILL PARK/R3A MORATORIUM STATISTICS Sq. Ft. of Total Area Sq. Ft. represented by Protesters R3A Area defined by ordinance before Council 3,209,337 898,265 27.98% R3A Area excluding Johnson St. south of Burlington 2,740,437 694,480 25.34% R3A Area excluding all property south of Burlington 1,991,300 427,500 21.46% Current Density No. of Non -Conforming Number of Buildings if R3 MF RHU SF R3A Area as defined by ordinance before Council 19 du/ac 114 1036 323 163 R3A Area excluding Johnson f St. south of Burlington 20.50 du/ac 96 847 311 132 R3A Area excluding all r. property south of Burlington 21.33 du/ac 77 664 '220 91 Johnson-St.,between Burlington St. and CRIP tracks 21.61 du/ac 18 189 12 31 Dodge St. between Burlington ` St. and CRIP tracks 15.74 du/ac 16 165 6 35 t S i I MICROFIL14ED BY )' JORM MICR6LAB If CEDAR RAPIDS • DES MOINES City of Iowa City MEMORANDUM Date: June 18, 1982 To: City Manager and City Council From: Bruce A. Knight, Planne/ Re:. City/County Fringe Study "'— Attached is a copy of the proposed Urban Fringe Policy Study Committee recommendations for controlling development in the urban fringe. Please note that in areas 1, 3, 4, and 7 only one recommended action is included in the study. These are the areas where, to a great extent, the City and County are in agreement as to the proper course of action. In areas 2, 5, 6, and 9, two alternative solutions are presented, along with a recommended policy. These are the areas where agreement has not yet been reached. Area 8 is represented by the Southwest Area Study which the City Council has reviewed previously. bj5/5 I j I I i I i. i I i MICROFILMED BY F JORM MICRALAB .J 1 \• ~'I CEDAR RAPIDS DES MOINES L( i LL �. FRINGE STUDY JOHNSON COUNTY/IOWA CITY PART I INTRODUCTION Purpose Oft La *-P P11yti*_ The Urban Fringe Policy Study Committee was formed as part or the implementation process of the Johnson County Rural Development Policy and at the urging of both the County Board of Supervisors and the Iowa City Council. The Committee is comprised of members of each governing body ani is assisted by their respective planning staffs and the Johnson County Council of Governments. The purpose of the Committee is to prepare policy recommendations regarding land use (i.e., zoning, subdivision regulations, and annexation practices), within the areas lying adjacent to the city limits. These recommendations are to be -presented to the Board of Supervisors and the City Council and are intended to be adopted and acted on jointly through mutual agreements regarding City and County land use regulations. Concept of Study The study involves the designation of Study Areas for specific land areas based on the existence of similar physical and other development characteristics. For each designated area a set of policy alternatives has been developed. The first alternative is generally one of cooperative action. It recognizes mutual interests and mutual involvements which justify specific actions. The second alternative places the bulk of responsibility on one unit of government rather than two. Annexation is seen as a primary too in this alternative. The third alternative is representative of the present trend and contem- plates no specific remedial action. Periodic conflicts over land use decisions characterize this option. These alternatives have been examined in relation to both the City and the County comprehensive plans, the prevailing patterns of development and the area's general growth needs. The recommendation made for each Study Area represents the general consensus of the Urban Fringe Policy Study Committee and puts forward what is believed to be a mutually agreeable and beneficial position regarding land use decisions affecting both units of government. MICROFILMED BY I JORM MICRQLAB CEDAR RAPIDS DES MOINES I Illd 1 J r FRINGE STUDY AREA #1 Background: The area encompasses approximately 1,500 acres of the western limits of Iowa City. Part of this is within the corporate boundary and the balance lies in a one-half mile wide strip adjoining to the west. The terrain slopes northerly and northeasterly towards Clear Creek and is interspersed with woods, cropland and pasture. The area is zoned for low density residential use but has not undergone any residential development. Present land use is principally farming though somewhat limited by the sloping topography of the area. The Iowa City Comprehensive Plan excludes this area from its study boundary since development is not expected or encouraged during the life of the plan. The Rural Development Policy proposes mutual agreements to ensure compatibility with the city's growth strategy. Several factors involving this area combined to suggest that unless strong planning efforts are made, uncontrolled growth will occur. The three principal factors are the construction of F-518, the location of an interchange on the I.W.V. (Melrose Avenue extended), and the extension of sanitary sewer service to the Johnson County Home. Recommendation: In order to more effectively control growth and public service demands and to maintain those viable agricultural uses within Area 1, Alternative I is recommended. By reducing the development potential of this land for residential uses it will be possible to avoid the inherent conflicts that will occur if highway oriented commercial activities attempt to locate in this vicinity. This alternative will also provide a policy that may be much more responsive to land use needs as they arise in the future. AREA #2 Background: Area 2 is comprised of the penninsula of land lying between I-80 and the Iowa River and west of Dubuque Street. They physical character of this land varies greatly from one site to the next. The western and northern portion is the flat farmland which lies in the flood plain. The east and south portions climb a steep bluff and level out on top. Most of the land is under agricultural production. There is a mix of zoning districts in this study area. The far southeast corner is zoned C-1 and is occupied by the KXIC radio station facilities. At the northeast corner there is an undeveloped tract of R3A multi -family zoning. The balance of the land is zoned RS residential except for a portion of A-1 Rural which was rezoned for a sand extraction operation. While the predominate zoning of the area is residential, only three dwellings exist. The Iowa City Comprehensive Plan regards the area as a future site for office and research park facilities similar to the Highway 1 and I-80 intersection. While the Rural Development Policy includes this area 111CROMMED By JORM MICROLAB CEDAR RAPIDS • DES MOINES ///0 It J r within the North Corridor Study Area, it is also within the area of mutual policy agreement between city and county. This area is affected strongly by two physical factors. One is the location of a large portion of the area in the flood plain of the Iowa River. While this area is zoned residential and the Coralville Reservoir dam prevents most overland flood flow, the high water table makes the area unsuitable for residential development without public sewer. The other factor involves the difficulty of providing public sewer to the area. This would require the extension of trunk sewer lines along the Iowa River and these appear to be out of reasonable reach. Alternative I This option plans for an early development sequence in the study area. To best accomplish this objective, it would require that Iowa City annex the area and prepare a detailed plan to include office and research park space and multi -family housing. This, of course, would also require extension of sewer facilities to the site. Alternative II This strategy assumes that development is desirable but that it is not likely to occur in the near future. In order to prevent haphazard development of this area in the interim, it would be desirable to reduce or remove potential conflicts by rezoning the land from RS to Al. Recommendation: Because of the community interest in preserving this area as a sit' a for future commercial office and research facilities, it is necessary to assure that only appropriate development does occur. Alternative II is recommended because unplanned residential development may otherwise occur and discourage the use of this area to its greatest advantage. This option is also desirable because residential zoning is inappropriate in view of the high water table, the current unavailability of public sewer, and the current conflict between residential development and a sand and gravel plant. OU MICRDEILMED BY JORM MIC R46L AB CEDAR RAPIDS DES MOINES I � 1 r AREA #3 Background: The area lies north of Iowa City and I-80. Prairie du Chien Road crosses the area and along with Linder Road provides access to the urban area. The majority of this area is wooded and severely sloped, although some prime agricultural land is located in and along the flood plain of Rapid Creek which forms the northern boundary of the area. The area, all of which is unincorporated is zoned for low density residential development. Numerous subdivisions have already developed along Linder Road and on Prairie du Chien Road. Part of the area may never be developed because of the high quality agricultural land and the restriction of the flood plain. The Iowa City Comprehensive Plan includes this area in its study and indicates that low density residential development should occur. This coincides with the County Rural Development Policy which identifies the area as part of the North Corridor, an area identified for planned growth outside the municipal jurisdiction. Two mitigating factors influence the consideration of and the actual development of this area. The first factor is the infeasibility of extending full city services to the area. The barrier created by I-80 and the natural topography makes installation of sewer, water and streets to city standards prohibitive. The second is the proposed realignment of Prairie du Chien Road. This will effect the design and location of access for any subdivisions proposed for this specific area. Recommendation: In view of the constraints to effective municipal management of growth in this area, the type of development already existing in the area and the assumption that limited growth should be directed to this area, it is recommended that Alternative I be the policy implemented to manage growth in Area 3. This policy should also be considered as a recommendation to revise the Iowa City Comprehensive Plan accordingly. 141CROFILIIED BY JORM MICR6LAE3 CEDAR RAPIDS • DES MOINES ///P J r 4 AREA #4 Background: This study area includes the territory just outside the far northeast corner of the Iowa City limits. The property, approximately 200 acres, is cut off from access to the urban area by I-80 on its southern edge. Access is gained primarily to the north via Rapid Creek Road and Highway 1. The majority of this area is prime agricultural land. The property is zoned a mixture of RS residential and Al rural. To date only a small portion of the northern tip has been developed. The remaining area is in agricultural production. The Iowa City Comprehensive Plan excludes the area from its study although it lies within two miles. Johnson County's Rural Development Policy addresses the area as part of the municipality's environs. As such, the policy for the area is to be one of mutual benefit and agreement. Recommendation: In order to best protect irreplacable farm land from urban development, Alterntive I is recommended. This approach would insure the continued use of the land for agricultural purposes and would provide a policy that could be relied upon by all property owners and prospective buyers. i i I' 1 MICROFILMED BY -JORM MICR6LA13 1 CEDAR RAPIDS • DES MINES J r AREA H5 Background: Area 5 consists of all the land lying within one mile of Iowa City on its east and southeast side. The primary land use in this area is agricultural. More specifically it contains approximately 3,000 acres of high quality farmland. Scott Boulevard and the City limits run north and south at the west edge, a county gravel road is the eastern border and several roads (Hwy. 6, American Legion Road, Lower West Branch Road, and others), cross through this area. The drainage areas for Ralston Creek and Snyder Creek flow through this area. Development within Area 5 has been limited up to this time. One residential subdivision, and one mobile home park have been developed. In addition, a residential care facility has been constructed and several non-farm residences have been built in the area. The entire area, with the exception of a few isolated tracts, is zoned RS residential. The other existing zoning consists of the mobile home park area zoned Highway Commercial, and the care facility area zoned a mix of commercial and multifamily. The Iowa City Comprehensive Plan excludes this area from its study and in so doing does not contemplate the need or desire for urban development. The plan also stresses the need for agricultural land preservation. The County Rural Development Policy considers the area one in which the policy for the city fringe is a product of mutual agreement. The policy also stresses the preservation of viable agricultural land as a criterion in developing the agreement. Current capital improvement proposals of Iowa City include projects which may add development pressures to this area. One is the improvement and extension of Scott Boulevard, the other is the construction of the new sewer treatment facility south of Iowa City. Alternative I This alternative assumes a policy agreement in conformance with Iowa City's growth strategy and the preservation of viable agricultural land in the county. Implementation would require that Johnson County rezone this property from its RS residential zone to Al Rural. Existing development would retain its zoning. Alternative II This alternative assumes that the City must act independently to protect its public improvement investments and attempt to preserve the agricultural land on its borders. This would require the application of full city subdivision development standards to the entire two mile fringe area. Recommendation: In order to best achieve the objectives of orderly growth and agricultural land preservation, Alternative I is recommended. This option would prevent unplanned development which otherwise could occur even under stringent city standards. Further, it would provide IIICROF IL14E0 BY JORM MICR46LAB ( CEDAR RAPIDS - DES MINES WOO 1 J 11 agricultural interests with the assurance that viable farm operations could continue without being jeopardized by the encroachment of urban developments. This action would also alleviate the potential pressures for additional annexation, the strain on city services and the unnecessary expense of upgrading maintenance on rural roads. 1110 MICROFILMED BY 1 -JORM MICR6LAS 1 1 CEDAR RAPIDS DES MOINES 7 r AREA #6 Background: Although this area contains high quality agricultural land, several factors indicate that unless it is controlled, unplanned development will continue to occur. First, scattered residential development is already occurring. Second, planned construction of the new Iowa City Wastewater Treatment Plant in this area would make available sanitary sewer services at a relatively low cost. And third, Area 6 is made up of relatively flat topography, providing an inexpensive location for development. The Iowa City Comprehensive Plan does indicate this as an area for development in the future. However, it also indicates that this growth should be carried out in three timed phases. Development would be controlled through timed sewer extension. Alternative I In order to control Area 6, and insure that growth takes place in the timed phases laid out in the Comprehensive Plan, Iowa City would annex this area. Annexation and development sequences would be phased in conjunction with the sewer improvements stemming from the new treatment plant. Alternative II This alternative would actually act as an interim measure until the time Alternative I can be carried out. It would entail the application of full city development standards in order to discourage any further development in this area. Recomm_ en_ TT; Until further study of the possible future pressures of growth in this area can take place, it is recommended that Alternative II be carried out as an interim measure. Depending on the results of further study, it may be advisable that annexations in Area 6 be carried out in the same sequence as development. 'r MICROFILMED BY JORM MICR46LAB I CEDAR RAPIDS DCS MINES j /110 r U AREA #7 Background: This area contains approximately 2,000 acres and abutts Iowa City on its northern and eastern edge. Highway 1 bisects the area on a diagonal and serves as the only direct link to Iowa City from the southwest. The majority of the area drains south to Old Man's Creek. This area is all within 2 miles of Iowa City and is zoned for residential development. Only one small subdivision has been platted and agricultural operations are the predominant activity. Neither comprehensive plan deals specifically with this area. Iowa City's plan stretches an indeterminant finger of commercial zoning out along Highway 1 but does not include the areas lying between that and the present city limits. The Rural Development Policy indicates the development of a mutually compatible county/city agreement on land use and zoning. Highway 1, the F-518 interchange, and the proximity of the Iowa City airport each add special considerations to an assessment of the development policy of this area. Recommendation: In order to best achieve the objectives of orderly growth and agricultural land preservation, Alternative I is recommended. This option would prevent unplanned development which otherwise could occur even under stringent city standards, and would provide agricultural interests with the assurance that viable farm operations could continue without being jeopardized by the encroachment of urban developments. This action would also alleviate the potential pressures for additional annexation, the strain on city services and the unnecessary expense of upgrading maintenance on rural roads. MICROEILNED BY - JORM MICR6LAE3 { 1 CEDAR RAPIDS DES 11014ES I i /110 1 I 0 AREA A9 Back round: This area, located on the western fringe of Iowa City is mainly included in the Willow Creek watershed. It is all located within Iowa City's corporate limits and is zoned for low density residential use. To date however, it has not undergone any residential development. The Iowa City Comprehensive Plan excludes this area from its study boundary since development is not expected nor encouraged during the life of the plan. However, since the completion of this plan, the decision was made to locate Freeway 518 along IDOT's originally proposed alignment. This decision means that this section of Iowa City will be physically divided from the rest of the City. A number of factors indicate that unless strong planning efforts are made in this area, uncontrolled growth will result. These factors are the same as noted in Area 1, including the construction of F-518, the location of an interchange on Melrose Avenue extended, and the proposed extension of an 8" sewer line to the Johnson County Home. Alternative I This alternative proposes deannexation of Area 9 (along with that part of Area 1 located within the City Limits) and subsequent zoning as A-1 Rural under county jurisdiction. Alternative II The enforcement of full city subdivision development standards in this area in an attempt to discourage growth. Recommendation: Because this area will be isolated from the rest of Iowa City b—' y the construction of F-518, development is highly inadvisable. This is mainly due to the fact that the provision of City services (sewer, water, police, fire, transit) would be very inconvenient and therefore create a tax burden. In addition, transportation routes would be cut off forcing indirect access to the City. In this age of high energy costs, this type of a traffic flow seems highly inefficient. Therefore, Alternative I is recommended as the proper course of action in this case. 141CROFILMED BY f JORM MICRdLAB I CEDAR RAPIDS DES MOVIES I 010 1 J .�._...._._--:.__ �- I-I—«-'—-4',-7JI— _ •I-- _—...--1, ; h__—o;.�_ — __fr'_ _ ���: _ 1.� !�.� _- ,..__y__'I'7-..-•ir/`1 y as—al as -,u I ao�1 Il• I a, j 1I •_ , I -.vrc� .i..rr /nniivin•�r, riw /� ; I \.�����I �� I � � i ! pp --1; /�— • i ■ 1 �1;!:: I P� �;'., ' . ' I ----- _ o..-- r I as --I t—.-■- i J — it i'^ v I 7i ■ •may ..... ..r I- -- J _■ f 11 / r i — , -� / I` i1. .o - --.a, \__ �f. _ ■ as FE -Ir 1 v , I ---- -I- --- - r e • „rv,• a f �' 13, • —..]ate ,� f� -. — n_.�. _r cl�o `•y' m j ��la fa�� V 00, fe —__ m �_ L�11.' —aa. -tea; __--aa `! - . -- -- Iii .r •'% i � It �1 fi � � .� 1 I '' ♦•,� III . i 'I' �� __. 1•" �__;. I 111CROEILNEO BY ' I JORM MICROLAS -- CEOA0. RAPIDS •DES NOCIES r J sari. To\%n 2111 21 I� J 4 �I : as ..-I a11Nry'1:. :r t/51 21 --- Ej ==aa ■ as � ---. .worms. • _ -.a, � ( �- I ,L� • rI\.I • I \ Y I e pvr" 'u J �p it .1 — ,, fes• -�; , I a, i 1aas ` a.� �V` .J' I 4nY\ 27 06 ��Ir-- �:� �%•� rl ! `— ;�' � � - •tel ]i I � I � - ... *? IMI CIT TS / ` _L• I I I i / r�._TWOI ,EMIL■��OIJNAW _ 1, I� /�I I 1 ii■!■ LINE O JURISDICTIO , FO ,A NEXATIO we owl I IF 1110 • — _ 141CRO(ILPIED BY I ' JORM MICR;LAB 1 CEDAR RAPIDS DES MOINES •mmul L� r i City of Iowa City MEMORANDUM DATE:June 17, 1982 TO: City Council \\ FROM: Rosemary Vitosh, Director of Finance Q,v RE: Funding for Parking Lot Improvements Funding for the improvements to the Recreation Center Lot and the Market Street Lot is available in the Renewal and Improvement Reserve Fund. This reserve fund was established by the Parking Revenue Bond Resolution to be used only for major improvements to the Parking System's assets. The bond resolution requires that $60,000 be trans- ferred to the reserve annually from parking revenues. The reserve is estimated to have a balance of $128,100 as of 6-30-82. The balance plus the FY83 transfer of $60,000 is more than sufficient to fund the lot improvements and still leave a small balance in the reserve. Total parking revenue for FY82 is now projected at $888,995 as com- pared to the budgeted amount of $882,700. Revenue from the parking ramps is about 10% below projections, but other revenues came in over projections and will make up for the shortfall in ramp revenue. Although ramp usage has increased over FY81 usage, we anticipate that it -will now stabilize until development north of the Dubuque Street Ramp occurs. The Capitol Street Ramp is producing the revenues. as originally projected but the Dubuque Street Ramp is producing only 50% of the original projections. Parking operations revenue earned in FY83 plus the 6-30-82 fund balance will be sufficient to cover operating and debt service costs in FY83 and allow for a 6-30-83 fund balance of approximately $110,000. If a shortfall in funds does occur in the future, it most likely could occur late in FY84 or early in FY85. Since this is approximately the same time that the Armstrong's Development is projected for completion, any shortfall which occurs could be offset soon by the increased revenue expected from the increased parking demand. III CROS I LMED BY JORM MICR6LAB j CEDAR RAPIDS DES rg019ES J r ■ City of Iowa Cit' MEMORANDUM Date: June 11, 1982 To: City Manager and City Council From: Frank Farmer, City Engineer Re: Frontage Road on South Side Hwy. 86 from Lakeside Drive to Bon -Aire Mobile Home Court Entrance For your information, permission has been granted, as per attached request from Tom Alberhasky, for the construction of a frontage road. It will be named Hollywood Blvd. and will extend from Lakeside Drive east to the Bon Aire Mobile Home Court entrance. The westerly 185 feet will be on City controlled right of way as per agreement with .IDOT in 1966. The remaining length of road will be owned and maintained by Mr. Alberhasky. All cost will be the responsibility of Mr. Alberhasky. The construction of the entire street will conform to Iowa City Standards and will be inspected by the Engineering staff. Therefore, the street can possibly be dedicated to the City at a later date, if so desired. Construction is intended to begin the week of June 14, 1982. bc5/8 LF•h.� �, r( f j I III CROS I LIIED BY DORM MIC R46L4B 1 � CEDAR RAPIDS DES MOINES i i Ilicti r M MMS CONSULTANTS, INC. M 465 IOWA HIGHWAY N21 WEST • IOWA CITY - IOWA 52240 319-351- 8282 sJune 10, 1982 Frank Farmer, City Engineer City of Iowa City Civic Center 410 E. Washington Iowa City, Iowa 52240 portals R. Meer RLL Ls. Robert V. Michelson L3. Larry P. Schnitasr LA. Christopher V. Stephen RE. RE: Request for a curb cut on the East side of Lakeside Drive and permission to construct a frontage road approximately parallel to U.S. Hwy. #6 East from Lakeside Drive to an existing frontage road serving Bon Aire Mobile Home Lodge. Dear Mr. Farmer: On behalf of Mr. Thomas Alberhaaky, we are requesting permission for a curb cut on the Easterly aide of Lakeside for a twenty—five foot (251) wide frontage road, the centerline of which is 130 feet normally distant from the centerline of U.S. Hwy. #6. Said curb cut to run from a point 30 fast South of said center— line to 32.5' North of said centerline. In connection with the above described curb cut, we are also requesting on behalf of Mr. Alberhaaky permission to con— struct a 711 thick by 251 wide PCC frontage road beginning at centerline station 1267+73.40 (Back of curb of Lakeside Drive) to centerline station 1278+41.50 (West End of existing frontage road serving Bon Aire Mobile Home Lodge). The Westerly portion (centerline station 1267+73.40 to centerline station 1269+73.94 will be on City controlled Right of Way. See Resolution between Iowa City and I.D.O.T. as recorded in Book 287, pages 224 and 225 of the Johnson County red l.+k a83 Recorder's Office an August 11, 1966. (Exhibit A attached) in connection with er•91-10e said road construction a 3311 inch diameter reinforced concrete pipe culvert pCc with aprons on both ends and a bar guard on the upstream end will be placed in the existing drainageway at approximate centerline station 1269+72. Said road will have curbs on both sides from centerline station 1267+73.40 to station 1272+00. From Station 1272+00 to station 1278+41.5 there will be curb an only the Southerly side of the road. The reason for this is that there is sufficient grade to transport starmwater via the conventional curb and gutter and storm sewers. Stormwater flows will be carried in the existing shallow ditch between U.S. Hwy. 6 and the proposed street. Said road will be constructed in accordance with applicable Iowa City design and construction standards and in accordance with the plans prepared by MMS Consultants, Inc. (Exhibit B attached) All costs for the design and construction of said road are to be the reaponai— bility of Mr. Alberhaaky. LRS/cas Encls. cc: Tom Alberhasky Respectfully Submitted: MMS CONSULTA T5, INC. //^ Larry R. Schnittjer 11(.Xd 1 141CROFILlIED By I -J 1 I JORM MICR6LAB ' CEDAR RAPIDS • DES MOINES I a r ■ CITY OF. •IOWA CITY CIVIC CENTER 410 E. WASHNGTON Si. IOWA CITY, IOWA 52240 (319) 356-5000 PRESS RELEASE June 17, 1982 CONTACT PERSON: Frank Farmer City Engineer The Contractor for the Lower Ralston Creek Improvements - Phase I,. North Iowa Contractors, will be reopening Dubuque Street and Kirkwood Avenue on Friday, June 18, 1982, weather permitting. This will revert the traffic pattern back to normal: Clinton Street- Benton Street to Kirkwood Avenue will be one way south; Kirkwood Avenue - Clinton Street to Dubuque Street will be one way east; Dubuque Street -Kirkwood Avenue to Benton:Street will be one way north; Benton Street.- Dubuque Street to Clinton.Street will be one way west. At the same time, Benton Street - Dubuque Street to Gilbert -Street will be closed to accommodate construction of the culvert at that location and the temporary traffic signal at Benton Street and Gilbert Street will be removed. This section of Benton Street should be open to traffic again by September 15, 1982. -0- /► l3 141CROf IL14ED BY I ` -JORM MICROLA9 J CEDAR RAPIDS • DES MO NES i I TRAFFIC ROUT.NG FOR LOW(&R RALSTON C U C K P ROJ eCT J C ELM G ROVQ;. PARK NATIONAL GUARD ARMORY A NORTH qm -em,porary tm f iG ;igriAl.fo, be - rdin ovdd existing t.roLTK� signal... _to-remal.n,...: STREET , CLOS¢D f rom 6; r /a -,ez u.ntil.' 9 -/5= 1 MICROFILMED BY -JORM MICR6IAB CEDAR RAPIDS DES MOINES I 1113 1 J�� C ELM G ROVQ;. PARK NATIONAL GUARD ARMORY A NORTH qm -em,porary tm f iG ;igriAl.fo, be - rdin ovdd existing t.roLTK� signal... _to-remal.n,...: STREET , CLOS¢D f rom 6; r /a -,ez u.ntil.' 9 -/5= 1 MICROFILMED BY -JORM MICR6IAB CEDAR RAPIDS DES MOINES I 1113 1 J�� r RECC.-!V=1 ;! 1 4 1982 C Iowa Department of Transportation 800 Lincoln Way, Ames,•Iowa 50010 515/239-1111 June 10, 1982 Mr. Neal G. Berlin City Manager City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Berlin: Ref. No Johnson County F-6-7(22)--20-52 The detailed study to which I have referred consisted of a project review by professional and technical staff representatives. The subject was again discussed on June. 10 and confirmed our earlier conclusions that the raised concrete median on Riverside Drive is the appropriate improvement. This decision is based on the necessity to control congestion in the heavy traffic corridor by eliminating left turns into businesses, establishing protected left turn storage bays at Benton and Sturgis Avenue, reducing traffic conflicts, and treating essential safety aspects of the design. I cannot agree that this agency has an obligation beyond widening Benton Street to accommodate intersection movements at Riverside Drive. State participation would remain at $5,000 for the milling and resur- facing work on Benton Street as previously stated in my May 21 letter. When evaluated by our design warrants, it is our opinion that a pedestrian activated traffic signal at Riverside/Benton is not needed. This is not to say that the request is unreasonable, but simply that our initial concern must look to the problems that signals would generate in traffic phasing, delay times and interconnected circuits with the proposed signals at the Junction of 1/6/218. If it can be demonstrated after the project is completed that signals are necessary for pedestrian safety, they can easily be added at a later date. commuMonMs eamars W nn G Roger Fair Darrel eensln, Mbort lta191ar au,Dn B. tumor Del Van 1 Demi, W. Voy DM Mame, Da,enp0rt SMu, cemm MW Hampton coming Jefferson MapuO,ete 111 � 141CRorILI4ED BY I I CORM MICRbL A9 J I � CEDAR RAPIDS DES 1401YE5 ' I I V , I Mr. Neal G. Berlin June 10, 1982 Page Two This agency feels a paramount responsibility for the reconstruction 1 of the new U.S. 6/Iowa 1 intersection and will insist on proceeding with the raised median concept at that location. However, we acknowledge that the Riverside/Benton portion of the project is the product of our agreement concerning relocated U.S. 218. If Iowa City formally requests that the design be modified to substitute a five lane operation on Riverside in lieu of the raised median controls, our plans will be changed accordingly. The best public interest will be served by resolving this issue and { proceeding with plan preparation for 1983 construction. If you wish us to make the above substitution on the Riverside/Benton segment, please let me know. i y Sincerely, ` Warren B. Dunham Director WBD:ckw r 111V IIICROFILMED By I 'JORM'MIC RbLAB- 1 CEDAR RAPIDS DES MOINES I LL - -'+ — r INFORMAL COUNCIL DISCUSSION JUNE 21, 1982 INFORMAL COUNCIL DISCUSSION: June 21, 1982, 4:30 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. COUNCILMEMBERS PRESENT: Balmer, Dickson, McDonald, Neuhasuer, Lynch -4:35 PM, Erdahl-4:43 PM, Perret-6:00 PM. Staffinembers present: Berlin, Stolfus, Helling, Jansen, Schmeiser, Knight, Franklin. TAPE-RECORDED: Reel 982-13, Side 1, 1722 -End, Side 2, 1-590. APPLICATIONS TO PLANNING AND ZONING Rezoning West of Scott Blvd. -Hieronymus; Rezoning East of ScottBlvd. and annexing 46.85 acres along Scott Blvd. are all related to the Ralston Creek South Branch Stornwater Detention Basin. The City will own all the right-of-way to Court Street. The placement of the rest of Scott Blvd. has not been determined. Councilman Lynch arrived, 4:35 PM. Prel. and Final Amended LSRD, & subdivision for Benton Manor -The plan approve in as een sp it and resubmitted. Wording regarding Benton Place being an officially approved place will be. added to the resolution. The deficiencies have been taken care of. The developer advised that he would build from 24 to 48 units this year. Moratorium -College Hill Park Area -The Mayor asked that discussion be de aye until Perret arrived. There were no objections. Prohibition of Off-street Parkin -Council agreed to waive the three con - air erations an a opt the or finance. P&Z's vote was explained by Knight. Councilman Erdahl arrived, 4:43 PM. Ordinance creating Zonin Code Interpretation Panel -Council decided to give this ordinance all three considerations and adopt it. URBAN FRINGE ISSUES -Knight called attention to the alternatives eliminated from the pre iminary draft completed two years ago in some of the areas. There is preliminary agreement in some of the nine areas. He went through the information presented for each area. Areas 5, 6, and 9 will be dis- cussed at the next informal Council meeting, and staff will prepare addi- tional maps showing water and sewer mains for Area 9. Neuhauser and Balmer will not be in attendance at the June 28th meeting. Neuhauser stated that it would be fine if the other five Councilmembers could reach agreement. Balmer stated he favored installing the water main. Timeframe for resolving the area issues was discussed. Erdahl commented that there has historically been a reluctance by the County to downzone anywhere. Eventually Council and the Supervisors will meet when the issues have been delineated. But for the water main issue, after Council's discussion on Monday, their position will be presented to the Fringe Committee, if there is no agreement, a meeting of both agencies will be scheduled. 1 141CRUILMED BY JORM MIC RIJLAB i CEDAR RAPIDS DES MOINES i i � I 1722-1866 1 J r Page 2 Informal Council June 21, 1982 AGENDA -COUNCIL BUSINESS 1. McDonald explained the request to amend the Code to allow the City Manager to issue a permit to allow a water-ski show on the Iowa River. John Ockenfels, representing the Jaycees, stated that they have liability insurance and the participants will sign a waiver releasing Iowa City from any liability. They will also provide patrol boats on the river. The State Conservation Commission will give their permit if the City approves the request. Howard Sokol explained the Riverfront Commission's vote against the request. Parks & Recreation Commission voted in favor of the request. There were no objections to adding the amendment to the agenda. The addition was posted on the bulletin board. 2. Lease for the Davis Building -Housing Assistance Program. This is addi- tional space and funded from Federal funds. Helling explained the change in time of payment of rent, which will result in more reasonable rent. The rent averages an 8% increase over two years. 3. Contract Compliance Program -Balmer questioned hiring of half-time Fair Housing Specialist, as written in Helling's memo of 6/4. Helling explained the Fair Housing Assistance Program application. Balmer suggested raising the amount of the contract as specified on Page 1, Item 2 of the Policy Statement, to $25,000 and explained his concerns. There were no Council objections to the change. 4. City Manager Berlin explained that for 4g(1) Asphalt Resurfacing, Engr. estimate is $437,600. Difference in bid and estimate for N. Branch Detention Project was explained. Unused monies will be reallocated (CI)BG funding) by the Committee on Community Needs along with next year's funding. 5. Regarding scheduling of a goal -setting session with Staff, Berlin asked if any Councilmembers had any other plans other than what had already been communicated to him, regarding attendance at August, September or early October meetings, to let him know. 6. Noise Ordinance. Balmer concurred with Erdahl's concern re Sec. 24.1-6. Regulation of Sound Equipment and Sound Amplifying Equipment, and asked that it be amended with the new wording. Neuhauser asked if Council- memLers agreed with the City Manager's memo regarding the grace period and substitute language for 24.1-6. There were no objections. The letter from Casey Mahon, Assoc. Vice -President of the University of Iowa was distributed. The City Manager thought that the objections were reasonable. Neuhauser suggested that at the Tues. meeting, Council make the amendments and give the ordinance all three readings. There were no objections. All agreed with the comments of the City Manager regarding the grace period. (See Item 8.) 7. Neuhauser called attention to the article in the Press -Citizen regarding the sewage treatment plant needs. Berlin stated that the staffperson's comments were taken out of context, and a letter of explanation is being written. The size of the plant is documented in the study. B. Regarding the Home Town Dairy/Noise Ordinance issue, Balmer noted that the Chamber of Commerce was working on the issue. Councilmembers discussed resolution of the issues, possibly during the grace period, before any exemption to the ordinance is considered. 9. City Clerk Stolfus pointed out and explained a new procedure, Item 4c(10) regarding cancellation of Sunday Sales Beer/Liquor license. I 141CRDrILMED By JORM MICROLAB CEDAR nA'IDS • DES MCIYCS 1 J r 1 Informal Council Page 3 June 21, 1982 TRANSIT FACILITY City Manager Berlin presented the architect's plan 178-201 for the proposed facility. This plan has been reviewed by Prior, Reynolds, drivers and mechanics. OMPENSATION FOR CITY MANAGER, CITY CLERK AND CITY ATTORNEY 201-365 Council discussed the City Managers base sa ary, specia fringe bene- fits and agreed on an 8% raise to $49,695. It was noted that neither the City Manager, City Clerk or City Attorney is eligible for a bonus. For the City Clerk they decided on an 11% raise to $27,562. The City Attorney had not requested a raise. Councilman Perret arrived, 6:00 P.M. MORATORIUM -COLLEGE HILL PARK AREA 365-590 Mayor Neuhauser ca a attention to the memo from Franklin regarding statistics on the square footage represented by protesters. No matter which areas Council is considering deleting, there will be at least 20% protesting which will require 3/4 of the members of Council (6) to vote to adopt the ordinance. Erdahl brought up the question regarding the word- ing on the treee petitions, #1 is different than k2 and n3. City Attorney Jansen advised that the Ordinance is an interim zoning measure and because of the lack of specificity regarding a form for objectors in either the State or City Codes, he would be uncomfortable holding the wording of the petitions as defective. As Neuhauser and Balmer will be absent next week, Balmer suggested a compromise to settle the issue. He suggested deletion of the area on South Johnson South of Burlington and the area on South Dodge South of Bowery. Council discussed these and other suggestions. Franklin distributed an information memo re new building on Dodge and Johnson Sts. and stated that as soon as Council adopts an ordinance for a moratorium that sets the boundaries of the area, P&Z will take that entire area, analyze it and make determinations regarding zoning. Council will ask P&Z to look at the areas proposed to be deleted too. Atty. Jansen pointed out that if an area is deleted from the moratorium, twelve. months will have to go by before another moratorium for the area could be considered. Meeting adjourned, 6:25 P.M. 1 MICRDEIL14ED BY ' JORM MICR46LAB CEDAR RAPIDS DES 1401YE5 I i J r 0-4 EXECUTIVE SESSION JUNE 21, 1 982 EXECUTIVE SESSION: June 21, 1982, 6:25 P.M. in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. COUNCILMEMBERS PRESENT: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser Perret. Absent: None. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling, Jansen. TAPE-RECORDED on Reel #26, Side 1, 1985-2457. Moved by Perret, seconded by Dickson, to adjourn to executive session under Section 28A.5(b) to discuss strategy with counsel in matters that are present- ly in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Councilmembers Balmer and Lynch left the meeting, 6:40 P.M. Moved by Erdahl, seconded by Perret to adjourn, 6:45 P.M. The Mayor declared the motion carried, 5/0, Balmer and Lynch absent. MICROFILMED BY 1' "JORM-MICROLAB- - CEDAR RAPIDS DES MOINES 1 I