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HomeMy WebLinkAbout1976-09-21 Info PacketW City of Iowa CIO MEMORANDUM DATE: September 15, 1976 TO: City Council FROM: City Managerl�/ RE: Service Request Forms Attached is a copy of a memo which was recently provided to all City employees together increasetthe ffectervice iiveness of equest Forms. ity empls is loyees Aone reply will a are returnedmaking to the employee who submitted the has been taken. request so that he/she will know what action i's we thought you might wish to participate, an initial supply of forms is included. Requests may be returned to Linda or me. 60,6 W City of Iowa Cio MEMORANDUM DATE: September 14; 1976 TO: All City Employees FROM: City Manager RE: Service Request Forms Service Request forms are to be placed in all City vehicles to serve as a reminder to all employees to report anything that needs the attention of City employees. It is our responsibility and goal to provide residents of Iowa City with safe and efficient services. In this effort to provide services, when you are 'but" in the City and spot something that needs our attention, jot it down on a Service Request form and forward to the appropriate department. Clipboards to hold Service Request forms may be ordered through the Purchasing Division. It is important that all of our employees increase their awareness of the functions of municipal government. Your cooperation is needed and your input necessary. If you have suggestions regarding how we can improve the services we offer or internal functions, please forward them to my office. TO: FROM: RE: •City of Iowa Citt City Council City Manager W Building Code Amendment DATE: September 17, 1976 In December 1975, the Johnson County Citizens Committee for the Handicapped asked that the City Council consider an amendment to the Building Code which would increase the number of units in multiple dwelling buildings which would be accessible for the physically handicapped. (Copy of request attached.) No action was taken on this request because there was some question as to whether the City could pass a more stringent requirement than the State law. The City's Legal Staff has prepared an opinion (attached) which indicates that the City may pass more stringent regulations. However, before the staff undertakes preparation of an ordinance amendment, I would appreciate receiving direction from the Council that would indicate that the Council desires to have this amendment prepared. Ibis will facilitate priority setting and minimize staff time requirements. If you have any questions concerning this matter, please contact me. cc: Brad Meyer PUSH Iowa Memorial Union Iowa City, Iowa 52242 Are 7 • JOHNSON COUNTY CITIZENS' COMMITTEE FOR THE HANW CAPPED AFFILIATCD WITH GOVERWOR'S COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED November 13, 1975 City Council City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Iowa City Council Hembern: On September 23, 1975, the .Tnluuron County Citizens' Committee, 'rt: ltu regular bur+lnean muutinr, nddreuned itnelf to the Iowa Building Code, Section 502, Pnragraph (f). Because very few five Planes are being built in Iowa City while a much larger nuinbor of four plexes are being constructed, and because the Iowa City area has so few accessible housing units and seems to be ennterint a period of growth in the number of apartment units being built, the Johnson County Citizens' Committee for the L'andicapped recommends that you adopt the following modi- fied wording of section 502, paragraph (f): In every multiple -dwelling unit building containing four (currently reads five) or more individual dwell- ing units the requirement of this chapter which apply to apartments shall be net at least one dwelling unit or by at least twenty per cent (currently reads ten per cent) of the units, whichever is the greater number, on the ground floor level and on each of the levels in the building which are accessible to,the physically.., handicapped....... T11is change would be more appropriate in meafitne the needs of the physically handicapped and we therefore -urge your serious consideration of this recommendation. Sincerely, K: R. Hiner Chairman KRH. ck t I 0 M V 0 City of Iowa City MEMORANDUM DATE: July 29, 1976 TO: John Hayek, City Attorney FROM: Angela Ryan, Asst. City Attorney RE: Accessibility for the Handicapped in Apartments Pacts In a letter to Mr. Richard Plastino, Director of Public works, Mr. Donald Appell, Building Code Commissioner, stated that an eight - unit apartment could be considered as two four-plexes if the area separation wall met certain requirements. This would mean that the eight -unit apartment could avoid meeting the specifications of 104A, Building Entrance for Handicapped Persons, because the section applies only to multiple -dwelling -unit buildings which contain five or more individual dwelling units. Questions Presented 1. Is the City of Iowa City bound by Mr. Appell's interpre- tations? 2. Can a builder in Iowa City avoid providing access to the handicapped by placing an area separation wall between each four units? Conclusions 1. Yes, Mr. Appell's interpretation is binding. 2. A builder in Iowa City can presently avoid providing access for the handicapped by constructing an area separation wall between each four units which conforms to the specifications of 505(d) Uniform Building Code. Discussion On April 9, 1974, the City of Iowa City adopted by ordinance the Uniform Building Code, 1973 Edition, as the building code of Iowa City Section 505(d) Uniform Building Code states the following: (d) Area Separation hulls. Each portion of a building separated by one or more area separation walls may be considered a separate building provided the area separation walls meet the following requirements: 1. Area separation walls shall be not less than four-hour fire - resistive construction in Types I, II or III buildings and two- hour fire -resistive construction in Types IV or V buildings. The total width of all openings in such walls shall not exceed 25 percent of the length of the wall in each story. All open- ings shall be protected by a fire assembly having a three-hour fire -protection rating in four-hour fire -resistive walls and one and one -half-hour fire -protection rating in two-hour fire - resistive walls. 2. Area separation walls need not extend to the outer edges of horizontal projecting elements such as balconies, roof overhangs, canopies, marquees or architectural projections provided the exterior wall at the termination of the area separation wall and the projecting elements above are not less than one-hour fire - resistive construction for a width equal to the depth of the projecting elements. Wall openings within such widths shall be protected by assemblies having a three -fourths -hour fire - protection rating. 3. Area separation walls shall extend from the foundation to a point at least 30 inches above the roof.... Section 103A.10(2) states, "The state building code shall be applicable: (a) To all buildings and structures owned by the state or an agency of the state. (b) In each governmental subdivision where the governing body has adopted a resolution accepting the application of the code.11 since Iowa City adopted the Uniform Building Code, rather than the state building code, (b) would not apply to Iowa City. Therefore, in most cases, the state building code commissioner's authority in Iowa City would be limited to buildings owned by the state or an agency of the state. An exception is found in Section 104A, Iowa Code, Building Entrance for Handicapped Persons. It states: "In addition to complying with the standards and specifications set forth in sections 104A.3 and 104A.4, the authority responsible for the construction of any building or facility covered by section 104A.2 shall conform with rules promulgated by the state building code commissioner as provided in section 103A.7." 103A.7 State Building Code states: "The state building code commissioner with the approval of the advisory council is hereby empowered and directed to formulate and adopt and from time to time amend or revise and to Promulgate, in conformity with and subject to the conditions set forth in this chapter, reasonable rules designed to establish minimum safe- guards in the erection and construction of buildings and structures, to protect the human beings who live and work in them from fire and other hazards, and to establish regulations to further protect the health, safety and welfare of the public. The rules shall include reasonable provisions for the following... 5. Ti:e accessibility and use by physically handicapped and elderly persons, o: buildings, structures and facilities which are constructed and intended for ::se by the general public. These rules shall cornpri::e and be }mown as the state building cc e. ;herefore, the _,tate huilding code corjaissioner has authority to promulgate rul^s for accessibility by the handicapped. Since 103A.7 states that it 'establisbcs minimum safeguards," the aucstion is wether a -municipality 'ay impose nigher standards under section 364.3•(3) Iowa Code. section 364.3(3), Cities - Powers and Duties, which .. `.he bro-.d rant of 11o.-ne Rule power, states that a city " ay st=nFards .ir.icb are hiaher or more strincent that `::ese imzr:sed bystatelaw un less a:ate law Provides othe2:wise. tia.cr .:_ae Rule, a power is vested in the city council except as otherwise provided by state law. An argument can ba made that the state intended to preempt the field. Section 103A.8(1) and (6) state that the sate building code shall provide uniform standards and reouirements for construction and shall eliminate restrictive, absolete, conflicting and unnecessary regulations which tend to unnecessarily increase construction costs. There have been no cases interpreting the question. I believe the stronger argument is that the state building code provides the mini - num standard and the city may itlippse a higher standard. City M o MEMORANDUM DATE: September 9, 1976 TO: JOHN HAYEK, CITY ATTORNEY FROM: VICKI BREI, DEPUTY CITY CLERK RE: ACCESSIBILITY FOR IHE IfANDICAPPED IN APARDIENIS Some time ago, you requested our office to hold the attached memo until further notice. Do you wish us to continue holding it, or hill there be another memo substituted? Please advise. Thank you. cl�Crl^- G 6 - ��C "city of Iowa City* MEMORANDUM DATE: July 30, 1976 TO: Abbie Stolfus FROM: John Ilayek RE: Accessibility for the Handicapped in Apartments Dear Abbie: Enclosed please find a memorandum from Angela Ryan to me in connection with the above matter. Please make copies of this memo and deliver to members of the City Council for their information. Also please see that Dick Plastino gets a copy. Thank you for your cooperation in this matter. .JWTI:vb:23 Enclosure hk1yek DATE: September 17, 1976 TO: City Council FROM: City Manager RE: Selection of Finance Director The use of a citizens' committee to participate in the interview process for department heads has worked very effectively in the past. Clayton Ringenberg, Mark Thompson, and Flo Beth Ehninger have agreed to serve in this capacity when candidates for the position of Finance Director are interviewed. 0 0 City of Iowa City MEMORANDUM DATE: September 9, 1976 TO: Department Heads FROM: FROM: City Manager/ RE: Guide to Productivity Improvement The International City Management Association is publishing a guide to productivity improvement projects for the National Center for Productivity and Quality of Working Life. The guide will be circulated to all depart- ment heads for review. I hope you will find it useful and extract ideas which will be beneficial for your department. cc: City Council /6o y •City of Iowa Citp MEMORANDUM DATE: September 13, 1976 TO: City Council FROM: City Manager RE: Public Works Employment Act of 1976 The purpose of the Public Works Employm3nt Act of 1976 is to provide employment opportunities in areas of high unemployment through the expeditious construction or renovation of useful public facilities and serve as a counter cyclical stimulus to the national economy. In recent weeks the staff has been in contact with the office of local legislators and has been reviewing the guidelines and information con- cerning this program received from various national organizations. While Iowa City has a number of projects which could be financed under this program, it appears that our priority is so low that the chances of receiving funding are quite remote. First priority for projects will be given to those areas having an unemployment rate for the average of the three most recent consecutive months which is in excess of the national unemployment rate. Seventy percent of the funding will be available to programs in those areas. Second priority will be give to areas having an unemployment rate for the average of the three most recent consecutive months which is in excess of 6.5 percent but less than or equal to the national average. Thirty percent of the funds appropriated will be available for projects in those areas. And finally, the last category will be areas having an unemployment rate equal to or less than 6 1/2 percent. Applications for these areas will be approved only if funds are available in the 30 percent priority level or if funding is necessary to fulfill the minimum funding level required for each state. Projects in this category will be assigned percentage points based upon total number of unemployed, income level of the area, duration and intensity of unemployment and if the City can guarantee that 10 percent of the labor force will come from the area. In most cases the City must own the property so construction can begin within the 90 day deadline. The League of Municipalities is asking for clarification of "What is an identifiable project." It is questionable if projects that are currently included in municipal CIP's will be eligible even if the projects are listed in the most general nature, (i.e., street improvements), In spite of the extremely low priority which Iowa City would receive, the staff will continue to follow the legislation to be sure that we will not miss any opportunities which may arise. /6/0 •City of Iowa City* MEMORANDUM DATE: September 17, 1976 TO: Iowa City City Council FROM: Dennis E. Showalter, Director of Parks 6 Recreation RE: Mark IV Recreation Program The Iowa City Parks and Recreation Department in cooperation with the Mark IV Complex will conduct an After School Recreation Program beginning the week of September 30. The program will continue for an eight week session having ASERP activities on Thursdays of each week. The program begins one hour after school dismissal (3:00 p.m.) and lasts for one hour. Activities planned at Mark IV this session include Arts and Crafts, meeting inside the Activity Building, and Physical Activity, meeting just out— side the Activity Building. The Physical Activity group will then proceed to utilize the West High School outdoor facilities. Plans are being formulated to accomodate the activity in inclement weather. The ASERP activities are open to children from the ages of 7 through 10 years old. There will be one leader provided by the City for each activity with Mark IV providing a social worker for each activity. /ef /6// r1 u CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Neal Berlin FROM: Richard Plastino RE: Vibration caused by Buses on Rundell Street r� u DATE: September 16 1976 Rundell Street is composed of Portland Concrete in a deteriorated condition. The surface is structurely sound; however, surface irregularities do create vibration when buses travel over the road. The only solution to eliminate the problem is an asphaltic concrete overlay. Estimated cost is $29,000. I recommend that no action be taken. This same problem exists on many streets throughout town and the cost of the solution would appear to be far in excess of the actual problem. DATE: SeptembeA 10, 1976 TO: lk. ,Veae l3e&tiU1, Citrt tilanageh FROM: Robutt P. Keating, FiAe Chjc'jGK RE: Month.ty RepoAt - Augttb.t 1976 AIA.. BeA 4n: The 6oCCowi,ng .i6 .the monthfy Acpo&t boa Augua.t: AUGUST ACTIVITY: The Iowa City FiAe DepaAtment �tebponded .to a to,taP o6 47 ataAms duAing .the month o6 Augtu.t. Twice duA.i.ng .Ute month the Fike PepaA,tment Ae6ctted people 6Aom apattment6 .invoCved .in 6dAe. The Totaa City FiAe DepaA,tment p4e6ented FiAe Extinpui6heA Demonat4ation,s .to appAoximateort 350 peAbon6 duAing .the month. DuAZzg .the past month Fiae6-i.ghteh RoheAt CAaig Wadde.0 submitted laz Aeb.ignati.mt. On AuguAt 31 .the City o6 Iowa City heceived b.idb on one netu 1250 G.P.1.1, punpeA. TheAc weLe only 6ouA b:d6 submitted. FUTURE ACTIVITY: In-6env.ice, Th,Ltd QuaxteA Inspec-tion6 wilt£ be staAted .in Sep.tembeir. Appt{cantb wiXf. be .inteAv.ierved and one be.tected .to 6.i t .Ute vacanerr rheated by .the Ae6i pnati.on o6 C. ltiaddett. An examination 6oA .the Fia.e 1la&61W..'s position iz 5cheduP-ed .to be given Sept. 21. It .t.6 hoped a bueee666ut bidden. can be 6eP-ected and awaAded .the contAaat on the 1250 G.P.AI. pumpeA duAing Sept. /6i3 0 CLASSIFICATION OF I NO. FIRE ALARMS �.. -- — .7 47 14G LOSS MONTHLY REPORT FIRE DEPARTMENT 206 395 0 LOSS USE OF EQUIPMENTI THIS MONTH THIS YEAH •T I' ll- THIS MONTH Month of _AUGUST M9 4 LOSS THIS YEAR DATS AUGUST 1976 TOTAL TO DATE Fires in Buildings ]5 WYY $12,139.00 NiW YYl ��� Y�Y 1N■O $29h,181.11 Fires in Motor 7ehiolse 10 -1,075.61 40 52,520.,10 Fires in Rubbish 2 .00 22 .00 Other Fires Outdoors 0 .00 44 1,525.00 Malicious Yale* 11am 1 .00 29 .00 Other False Alarms 5 .00 36 .00 Apartments 6 1,249.00 P2 11.709.00 Dwellings 3 8,800.On 29 45,424.11 Hotels - Motels 0 .00 0 .0^ Other Residential 0 .00 14 1,533.00 Institution■ 2 5.00 5 20,230.00 Schools - Collepe 1 135.00 2 200,135.00 Public Assembly 1 .00 3 .00 Stores - Offices 2 .00 16 13.364.00 Manufacturing 0 .00 2 254.00 Storage 0 .00 2 2,500.90 Miscellaneous 0 .00 5 1,032.09 TRAINING REPORT 0 • AUGUST1976 Shift #1 No, of Hours 251 No, of Drills 53 Shift #2 No, of Hours 239 No, of Drills 47 Shift #3 No, of Hours 252 No, of Drills 5J TOTAL N0. OF HOURS 741 TOTAL NO. OF DRILLS 154 EQUIPMT AT DRILLS 4" Hose 700 Truck #354 14 3" Hose 700 Car #360 15 22" Hose 1400 Truck #361 5 1 :" Hose 2300 Truck #362 12 Ft. of Booster 275 Druck #363 4 Ft. of Ladders 136 Truck #364 5 Times Pump Used 33 Truck #365 6 Nozzle Lines 33 Truck #366 13 Other Minor Equipment Truck #367 9 Van #369 S The Fire PepaAtment 066.icers and Trrutting 066dce>t gave a totaC o j 154 dn-<:M, arith the Ji&e- T<nhtC4 "ceived a totaC o6 741 man hovers 06 instAuct.ion. The Tnaininq 0S6.iceA and Fine6Lgltter Crory panti.cipated .in a res.ide.nt assistant workshop, at .the Ifip-CCrest 904mitorrr. A 6.i Cm raas shoran and a satiety tato, uxts pnesented to .the approx.imatet-y 200 RA's .in attendance. Capt. (less, Ueu.t's Mh.i,ttahe2, FjeCstad, Hansen, FiJr.e6.i.gh.tens 840017,6, Stutzman, floplzins, E&,xvds '1ea4Eson, 11run6o1Ed, Stagg, ViUharteA Craig and Tnai,ninq 066ticer Kinney participate d in bite extinguisher and Linen hese demonstrations at .the CotCege o6 UU&S ng, 11. oh T. NospitaC kvice, A.P.T. Learninp Center, theheivehe app4oxima.te.Cri 350 persons that attended these cCasses. 11e 6eee ve4li con6.ident that these demonstaations are very e66eetive to the citizens o6 Torva Gi tif. T.0 investigated th,%ee set 6i4es and made 6ort4 spec.ta.t .inspections, signed harms for 3 Marl cage centers, due to absence o6 the Fire 1lahshaC. The T.O. used 5 dans 06 vacation dwting Augrtst. Come 06 the various dri.C.Cs he.Cd dining the month weAe 1 operations, water tower. operations, 4" hose evOtations. Z AU shiJt6 a d aae�, Mede,- did thein. usuat good job on per6ormurg these driC.P.s. 6 big Lawrence H. Kinney Training Officer IM iowa city transit MONTHLY REPORT For: August, 1976 Developmental work continued on the marketing program. Date: 9-10-76 were sold. Present Previous % Year to Previous % Month Year Chane Date Year Change Passengers: 83,781 82,348 1.7% 902,769 914,620 — 1.3% Vehicle Miles: 46,218 39,436 17.2% 367,690 329,927 11.4% Passengers per Mile: 1.8 2.1 2.5 2.8 PROJECTS: August 1. Ridership for August was relatively static. 2. The influx of students at the end of the month greatly increased ridership on the system. 3. Developmental work continued on the marketing program. 4. 256 monthly passes were sold. September I. The Transit System will celebrate its 5th anniversary. 2. Pass sales should more than double August levels. KU Iowa city transit. 167 0 0 IOWA CITY POLICE DEPARTMENT Monthly Report: August, 1.976 General A modest decrease in citizen generated requests for Police ser- vice was noted in August. However, the decrease was not significant and can probably be attributed to the ending of the summer session at the University. Of greater importance is the fact that larcenies decreased substantially as compared to the two previous months. Apparently, assigning Detectives to the late night shift pays some dividends. A total of forty-four new cases were assigned to the Detective Division for follow-up investigations. Animal Shelter activities ran slightly higher than the preceeding month but total yearly activities to date continued somewhat lower than those of the prior year. Statistical summaries are attached. Personnel Changes Kay Walenta transferred from the Department of Human Relations to the Police Department in mid-August. Mr. Paul Galbreath was hired as a Clerk/Typist trainee under a C.E.T.A. program. Joel Myers was hired as a full-time radio dispatcher. Goal. Accomplishment The contract for design drawings for the locker room facilities for women officers was awarded to a local architectural firm. /6t3 :1]• T• nr 1l._ IC . 11 1 r..h !• n v. n•,p RE=. IIY ?OL E 1! 1�F':11. 1•IAR. A"R.' ilY. Ji;:i JI'L ! C. e. C :C.. Int: � ��?4 '?`: ;,:^.: CCU•. ..,1,1.T,nTIr4: it . * •. a r.., n; . � . I 1 i 2 ! Int: � ��?4 '?`: ;,:^.: CCU•. ..,1,1.T,nTIr4: . I 1 i 2 ! Imo' 12 110 3 j-1 .� 0771 `',L1 C..Ty)ii1:2f' i, 13° 33 I ' 2.2 39 -. i84 (J.�.' 132 I i .i 2'. 14 i I 12 t j 1'i 3 3 i 0 0 1 0 1 i 10 0 0 I • - =f♦ �N n' llfl •`1 ;• •) �•ii�T �l L'l::J: Int: I 1 i 2 ! Imo' 12 110 3 j-1 I i, 13° 33 I ' 2.2 39 -. i84 (J.�.' 132 I i .i 2'. 14 i I 12 t j 1'i 3 3 i 0 0 1 0 1 i 10 0 0 I 1 i 0 0 0 15 175 j 16 i I 30 i 26 125 I ' I 1 ' I i 1 0 0- f 31 I I ?2 35' ':E6 43 I I 1 i I I► ITI I I n l o n 1 C) � ig 12 14 1 i I 27' 131 128 i I . i" I .'200 ; IbTAL COMPLAINTS ' 1 o 125—; 31J 11138:123 (; ---'� 3 120 �:;.4 , 1 t 3 O f i j 50 45 59 ¶ j 58 55 53 I 0 0 j 0 j 33 24 a i r' 117103 107 i I i 0 0 p— 0 0• p 0 --; - ; y 0 p j 68 66 85 i C p 0 — —`_ t j I p 0 p -- 0 16 2 2 4 p ; _!75 Si ! 52 -- ; !14 14 15 I _ .. ----=---_a i'"''1'� �rt.._Ci,.1 ,' , is f ;CTi)(i•.., 1 1 ' y IbTAL COMPLAINTS ' 1 125—; 31J 11138:123 (; ---'� 3 120 �:;.4 , 1 t 3 O f i j 50 45 59 ¶ j 58 55 53 I 0 0 j 0 j 33 24 a i 117103 107 i I i 0 0 p— 0 0• p 0 --; - ; y 0 p j 68 66 85 i C p 0 — —`_ t j I p 0 p -- 0 16 2 2 4 p ; _!75 Si ! 52 -- ; !14 14 15 3 2232 2275; 2216 i • T�1i �� Ci'�li A� n(`. 1+ �fl 11 �i DATE: September 2, 1976 TO: Chief of Police MOM: Cassie ldilli.amson RE. Monthly Activity Summary Below you will find a listing of new cases opened and investigated by the Iowa City Detective Bureau. Rape 1 B&R Closed 12 6 False Pretenses 1 Closed 1 Juvenile Problems 10 Closed 10 Vandalism Closed 2 2 Stolen Cars 2 Recovered 2 Attempted Suicide 1 Closed 1 Harrassing Phone Calls 1 Closed 1 Violation Child Labor Law 1 Receiving Stolen Property & Forgery Closed 1 1 Runaway Closed 1 1 Curfew Closed 2 2 Threatening Letter- etter Theft Theft Closed 3 3 0 Homicide ---C i Assault with deadly weapon Closed Theft of Money from Savings Account Suspicious Vehicle Closed Forgery Civil Problem Closed Assault Intelligence Information AVIV 40.7 l v'Y> a `�,• G `�' (�int DATE: Seotenber 14, 1976 TO: Mayor Neuhauser & 62mix!rs of the Council FROM: Bob Brtalin, Asst. City Attorney RE: District Court Decision in Victor Industries Corp. V. City of Ia...a City Dear Mayor Neuhauser & Mein`r_•rs of the Council: Attached to this mercn please find a copy of Judge Ansel Chapman's recent decision in the case of Victor Industries Corp. v. City of Ic7wa City. The assessment in this case of approxi- mztely $49,000 was reducedbythe Court to $34,592, approximately a 30% reduction. The Court specifically found that the actions of the Council in the entire assessment procedure were in accord with the provisions of Chapter 391A, the Code, and were not fraudulent in any respect. The Court reduced the assessment because it felt that the assessrent exceeded the special benefits conferred. If you have any further questions I would be happy to answer them. I would not recomtend an appeal of this decision. 'fnank you. 6iy IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY VICTOR INDUSTRIES CORPORATION, Plaintiff - Appellant, VS. CITY OF IOWA CITY, IOWA, Defendant - Appellee. C� u y0� OT� oy_ CD NO. 42278 FINDINGS OF FACBt2e� � N CONCLUSIONS OF 1�r3 AND DECREE The above case was tried to the Court pursuant to assignment. Plaintiff appeared by Attorney Marion R'. Neely and Defendant by Assistant City Attorney Robert Bowlin. The testimony of witnesses was received and the cause submitted. Thereafter,the Court received written briefs from respective counsel. FINDINGS OF FACT 1). Plaintiff seeks reduction of a paving assessment -n r� TI levied against its property pursuant to Chapter 391A, The Code. 2). The City adopted a resolution of necessity on June 26, 1973. The improvement was constructed pursuant to a con- tract awarded on July 17, 1973. The final assessment in the amount of $49,417.29, from which Plaintiff has timely appealed, was approved on February 13, 1971. 3). Plaintiff operated a manufacturing plant, primarily devoted to the fabrication of plastic tubes, on 9.4 acres of ground in Iowa City, Iowa. On the south the property fronted on Lower Muscatine Road which provided the only access; no streets abutted the property on the other three sides. 4). Prior to the improvement First Avenue was a some- what curving two-lane street which ran in a generally north - south direction to the east of Plaintiff's property. It did not abut Plaintiff's property. The stretch of First Avenue 0 Era involved in this case extends from the railroad tracks just north of Plaintiff's property south to Lower Ffuscatine Road (the terminus of old First Avenue) and Highway 6 (the terminus of the new street). 5). In accordance with the recommendation received in an arterial street program report, the Council adopted the First Avenue improvement program in order to improve the traffic flow south of the railroad tracks and provide 'a First Avenue -Highway 6 interchange. This was accomplished by the construction of a new four -lane 45 -foot arterial street which abutted Plaintiff's property along the west boundary. First Avenue is.a busy major thoroughfare which moves a considerable volume of traffic serving all areas of the City. 6). The City employed a method of assessment commonly known as the "point -area method" which spreads the assessable costs of the paving over the area of real estate of an owner within the assessment district based upon consideration of various factors including cost, frontage area and distance from the improvement. The assessment district extended 300 feet in depth from the perimeter of the public right of way of relocated First Avenue and included 7.4 of the 9.4 acres of property owned by Plaintiff. The manufacturing plant was included within the assessed area. 7). The city picked up the cost of 5/8 of the right of way and 17 feet of the pavement. The remaining costs were assessed to the property owners. 8). The relocation and new street were not essential nor particularly beneficial to Plaintiff's manufacturing operations. However, the property did benefit by reason of -3 - additional access, improved drainage and enhancement of future commercial development if Plaintiff should ever seek to terminate or restrict its manufacturing operations. While general access is improved, First Avenue is so close to Plaintiff's building that it cannot effectively use one loading door in the manner used before the improvement. Plaintiff's witnesses testified that the amount of benefit varied from minimal to seven or eight thousand dollars. 9). The Defendant's valuation witness testified that Plaintiff's property was benefited by the improvement in the amount of $120,000.00. CONCLUSIONS OF LAW 1). The action by the Council in the entire assessment procedure accorded with the provisions of Chapter 319A, The Code, and were not fraudulent in any respect. Relying upon Fluckey v City of Plymouth (Mich.) 100 N.W.2d 486, Plaintiff claims that the amount of the assessment was so grossly dis- proportionate to the benefit conferred that the Council's action was so arbitrary as to constitute a fraud at law and cannot stand. Whatever the import of that case may be, it is not necessarily the law of Iowa. In Goodell v. The City of Clinton, 193 N.w.2d 91, the Iowa Court recognized the validity of some issues raised in Flucke but did not specifically approve the "fraud at law" doctrine. Even if this doctrine has viability in Iowa, the facts of the present case would not come within the ambit of its application. 2). The single issue for determination is whether or not the assessment made by the Defendant exceeds the benefits con- ferred upon Plaintiff's property. This is the test by which Plaintiff's obligation is measured under Section 319A.26, The -4 - Code, which provides: "The total cost of a public improvement.... shall be assessed against all lots within the assessment district in accordance to the special benefits conferred upon the property thereby and not in excess of such benefits." 3). Goodell v. City of Clinton, 193 N.W.2d 91, 93 summarizes the governing principles in assessment cases equally applicable to Chapter 391 or Chapter 391A proceedings: "(1)Once a city council has properly ordered a special improvement (which is here conceded), there is a presumption of necessity and a presumption, too, that some benefit results to the assessed property owners. 11(2)There is a presumption the amount of the assessment is correct and does not exceed the special benefit accruing from the improvement. "(3)In considering the benefits flowing from a special improvement, it is proper to consider future uses and expectations as well as present use to which the property is put. "(4)The burden is on the protesting property owner to shot✓ his assessment is excessive by evidence which includes proof of the actual benefit to his property. In the absence of such evidence, the assessment must stand." The Court, in Goodell, also recognized (Page 94) the continuing and difficult problem in any assessment case is "to determine how much of the improvement represents a special benefit to the individual rather than a general one to the city." In the instant case, I find that the City has reaped substantially greater benefit from the improvement than the Plaintiff property owner. An improved traffic flow pattern beneficial to the entire city was the main reason for the relocation of First Avenue. It far outweighed any incidental benefit which may have accrued to abutting property. The situation is different from the ordinary improvement of an existing street. The Iowa -5 - Court recognized this in the Goodell case, supra in which it commented upon the Fluckey case, supra and stated on Page 95 of 193 N.11.2d that "We agree with much that is said there about the distinction to be made between general and special benefits when a neighborhood street is converted to one designed to carry greater volumes of traffic in and out of the community." 4). The area -point method of computing a paving assessment according to area with limitations as to distance from the improvement is a proper though not necessarily sole method of computing a paving assessment. Beh v. City of West Des Moires, 131 N.W.2d 488, ttul`ord v City of Iowa Falls, 221 N.W.2d 260. Immediate increase in market value of the assessed property after the improvement is not determinative of the value of the special benefit conferred. Gingles v City of Onawa, 41 N.W.2d 717. 5). Future prospects for the assessed property may be taken into consideration in determining the ultimate question of present value as it relates to benefits conferred. Wharton V. City of Oskaloosa, 158 N.41.2d 834, Rood v. City of Ames, 60 N.W.2d 227. The Defendant did not rely upon the presumption of benefit alone, but presented testimony of a valuation witness, Donald Johnson, that the subject property before and after value revealed an increase of $120,000.00 as a result of the benefit derived from the improvements. In reaching this result Johnson first appraised the entire property as a unit and determined the valuation before the improvement to be $465,000.00. In reaching an after aluation of improvement v $585,000.00 he did not appraise the unit but divided it into three segments comprised property as a ur poses of or.�� Hartel of 4.3 acres devoted to manufacturing p and the remainder divided into parcels devoted to commercial development, roved The after value method of appraising was one disapproved by the Court in an analogous situation - eminent domain proceedings- "The law of eminent domain does not contemplate that in fixing the value of a farm the plaintiff may cut to pieces his farm and a piecemeal valuation be taken as the basis of valuation before and after the condemnation- It is the value as a whol^ before and after the condemnation, and not the value in parcel." v- Iowa State Hi hwa Commission. 211 Iowa 625, 233 N•W- Welton �259 Iowa Iowa State Hi hwa Commission, 876. See also Jone�— 616, 144 N.w.2d 277. The method of valuation casts some doubt as to the weight and credibility which the Court should give to the testimony of Defendant's valuation witness. He has arbitrarily limited the manufacturing enterprise to 4.3 acres and has thereby robbed substantial area of expansion and parking. the facility of a property should have been appraised as The after value of the pr a whole giving credit to future commercial prospects instead of separating the property into individual parcels. It would seem that Johnson's method was simply a convenient way to establish a valuation base which would support the assessment. 6) In this case the general benefits to the City and the public far exceeded the special benefits to plaintiff's property by reason of the paving improvement. The enhancement and value testified to by Defendant's witness was as unrealistic -7 - on the high side as the Plaintiff's witnesses were on the low side. The true balance lies somewhere in between. The assessment against Plaintiff's property in the amount of $49,417.29 exceeded the special benefits conferred on the property. In this respect the Plaintiff has sustained the burden of proving the material allegations of the petition by a preponderance of the evidence and the assessment should be reduced to an amount which does not exceed the special benefits conferred. Plaintiff's property was enhanced in value in the sum of $34,592.00, and the assessment figure must correspond thereto. Ile v City o` Sioux City., 133 N.W.2d 110, 3J2. DECREE IT IS THEREFORE ORDERED AND DECREED as follows: 1). That the assessment made by the Defendant City of Iowa City for the paving improvement of First Avenue in the amount of $49,417.29 against the following -described property owned by Plaintiff Victor Industries Corporation: "All that portion of the following described tract lying between the SEly right-of-way line of the First Avenue Realignment and a line drawn parallel at a distance of 300' from the said SEly right-of- way line: Lot 2 of Ohl's Subdivision of part of Sections 14 and 23, T 79 N, R 6 W of the 5th P.M., except for the following described tract; Commencing at the concrete monument with a brass cap Q is and marks the corner common to Sections 13, , the .5th P.M.; thence N along 24, T 79 N, R 6 W of the line between Sections 13 and 14, 350.38' to an iron pin; thence S 680 57' 40" W, 1100.15' to an iron pin and the place of beginning; thence S A1° 44' E 53.89'; thence S 48'03' jj to N 42°t e center- line rater line of the street or road; thencealong the centerlii:e of the street or road to a point which bears S 680 57' 40" W from the place of beginning; thence N 68° 57' 40" E to the place of beginning." is hereby set aside, and in lieu thereof there is substituted the figure of $34,592.00 which shall hereafter stand as the ME assessment figure against said property in connection with said paving improvement. 2). The Defendant City of Iowa City shall take all necessary steps required of a municipal corporation to confirm the reduced and corrected assessment figure of $33,592.00 as the same may be required in all pertinent records and proceedings. 3). The costs of this case as computed by the Clerk of this Court are hereby taxed to the Defendant City of Iowa City. For all of which the above Decree is hereby accordingly entered this Y da of September, 1976. JUDGE, 6TH.UDICI DISTRICT OF IOWA CC: Marion R• Neely Robert Bbwlin Asst. City Atty• 0 0 c< •��r�•^[ . C� • • CIVIC CE.uIIA 410 E WAL11111570V ST. zoerll IONA CITY. IONA SPdO 06, LI �� 319-2i4-IBOO .IMA CITY. IOWA rr..-aetw. September 14, 1976 Mr. Donald Canney Mayor City of Cedar Rapids Cedar Rapids, lowa 52401 Re: Comment.,; on the (lousing and Community Development Act of 1974 Ocar Mayor f.anncy: By way of brief recapitulation, the City of Towa City is presently receiving an annual alloc:,tion of $2,061,000 under the Hold Harmless provisions of the Block Cant Program. During the fourth program year this amount will be reduced by one-third and during the fifth program year, the City will receive only one-third of the base Bold Harmless allocation. Towa City is very concerned about the funding of the program beyond the third year of entitlement. Pffective local programming very obviously rI•quires a continuity of funding. Tt appears as though just when the City is at the point of having several mna programs operating smoothly, there is a distinct possibility that the funding for these programs will be either reduced or eliminated. Tt would be a real loss to the City to have such needed programs as housing rehabilitation :Ind ac( -elm -ted code enforcement dropped at the very time when they are 1,eg.inning to make a recognizable positive impact upon the community. This possibility seems to be even greater in light of the State Logi slaturc's property tax increase limitation. For Towa City it is not merely a rase of having to divert: funds from other programs, but rather it is n case of either securing fcdlral funds for these programs or eliminating the prograins. /6/,s 0 Mr. Donald Canncy September 14, 1976 Page 2 'Ibe initial commentary surrounding, Block Grant progranuning was that of guaranteeing an annual level of funding which would enable local communities to integrate this funding into their annual budgeting process. With the questionable status of future funding or the possible reduction in funding, it is difficult to perceive how the Community Development Block Grant Program has many advantages over the older categorical grants. One definite advantage of the categorical grant programs was that the federal government did allocate sufficient funds for the completion of the entire project while recognizing of course, that the high level of inflation we have experienced recently did periodically necessitate program budget amendments. 'Ihc (lousing Assistance Plan (Table 3) requires that communities submit estimates on future housing needs. The initial Iowa City submission was one which we considered to be realistic and one which was based upon the probable availability of HUD financial assistance for subsi- dized housing. Upon review of the application, the (IUD Area Office then directed the City to drastically revise these figures upward as a result of their analysis of the 1970 population data for Iowa City. 'rhe city did comply with this request in that it was one of the refill irumen ts for receiving Block Grant Funds, however, it became apparent to us that the new amounts could in no way be realized by the City. (The housing goal was changed from approximately 4S0 dwelling units to 1:00 dwelling units.) Based upon HUD's past performance of providing a very minimal number of subsidized housing unit starts to Iowa City, it would appear as though the figures included in the revised Rousing Assistance Plan will do little more than create expectations which can obviously not be filled. It would seem logical that if (IUD would dictate a three to four hundred percent increase in the number of housing; units in the (lousing Assistance Plan, that (IUD and Congress make avail ble a significantly greater subsidized housing allocation to rotmmalitics such as Iowa City. it ie. quits apparent in town City thatthere is no such thing; as newly constructed Inw cost hunr..ing. All new housing is rN aLlvely expensive; the only way that low and low -moderate income residents can be suitably housed in Iowa City is for a significant amount of external (either federal or slate) •;ubsidy to be received. I hope this information will be of assistance to you in your presentation to the U.S. Conference of Mayors. please let me know if additional assistance is required. very /truly Yours P.. nni s R. Kraft Director of Community Development /Sc Minutes of Staff Meeting September 15, 1976 A memorandum on educational programs has been sent to department heads which establishes a policy regarding this item. The department heads were asked to review this memo and this subject will be discussed again at next week's staff meeting. The Police and Fire Chiefs have developed a Municipal Disaster Survival Manual. This is to be considered as a draft. The department heads were requested to review this manual to see if it represents the responsibilities of the respective departments. Comments are to be addressed to the City Manager's office within a week so that the manual can be completed. Another memorandum was distributed to the department heads, subject: Guide to Productivity Improvement. The ICMA has been publishing a compilation of activities going on in cities across the country in all of their various programs and depart- ments. This publication will be circulated to department heads. The department heads were encouraged to review the information in the publication and inform the City Manager of the ideas they are able to utilize. The department heads were asked to submit in writing to the City Manager any suggestions or comments concerning the qualifications, background or any other aspects of the finance director's position. That information will be incorporated in the selection process. The City will use a citizens' committee to participate in the interviews and to make recommendations. Those participating are: Clayton Ringenberg, Mark Thompson, and Flo Beth Ehninger. A preliminary meeting on the budget will be held Friday afternoon, September 17, at 1:30 P.M. in the conference room. To be discussed are problems which department heads have perceived in the budget process in previous years and what kinds of changes should be made in the budget process which will be useful for the depart- ments, useful for the City Council in making decisions, and useful to the community in understanding what is going on in City government. Regional Planning Commission has inquired about the City's plans for the Christmas holidays. The department heads expressed the opinion that the extra day should be taken at the discretion of the department heads. The Friday before Christmas (December 24) and the Friday before New Year's Day (December 31) will be declared as holidays at the Civic Center. The department heads reported a limited interest in a City picnic. It was agreed that efforts whould be concentrated on planning a Christmas party. Agenda items were discussed: The Director of Public Works was requested to furnish information to the City Council regarding the right-of-way the City has purchased for Scott Boulevard. The information is to include the width of the right-of-way. It was also requested that Public Works make up a sketch of the Scott Boulevard area in question. Material will be sent to University Heights with a letter this week. The Legal Staff has prepared a memorandum regarding responsibility for cleaning debris from the Iowa River. It is the opinion of the Legal Staff that the State of Iowa has this responsibility. Public Works was directed to write a l6/6 0 letter to the appropriate State office requesting that this work be done. The City Manager requested that Paul Glaves should discuss the question of underground utilities with Mr. Zuchelli. This item should remain on the pending list. The City Council is very interested in having uniform signs in the urban renewal area. This is an item on the pending list. The Director of Public Works replied that the City has a contract with Wehner, Nowysz and Pattschull for these signs. The City Manager's office will follow-up on the bus shelter competition. The City Manager's office will write a press release on towing. A request was made by a citizen at the Council meeting to have metal shields placed on the back of traffic lights in areas where the reflection of the sun makes it impossible to see the signals at certain times of the day, particularly on Burlington Street. The Department of Public Works was requested to check into this matter and report back to the City Manager. Another problem was brought to the attention of the City Council. When going down Jefferson Street on the bike path, the path is on the left side. When proceeding from the triangle on Klapp and Glendale, it is necessary to cross in front of the traffic to the right side. The Director of Public Works is to check into this matter and respond to the City Manager in order that a reply may be sent to the complaining citizen. Dick Plastino, Gene Dietz and Dennis Kraft were requested to meet before October 5 regarding the Scott Boulevard sewer problem. The City Attorney will provide a legal opinion regarding the LSNRD for Eastdale Mall. This is to go on the agenda for next week's Council meeting. Linda Schreiber and the City Clerk will work on the issue of a "break-in" period for boards and commission members. Also consider the question of number of allowed absences from meetings. The Assistant City Attorney was requested to keep on his work list the question of the extra 25 feet in Block 101 for the banks. The Department of Parks and Recreation should prepare a memorandum to the City Council giving information regarding the required staffing and the kinds of programs for Mark IV. When an item appears on the Council agenda, all materials should be provided with that agenda even in instances when it has been provided with a previous agenda. The City Manager requested the Legal Staff to consider the question of whether the Council should have to approve personnel changes when these changes do not exceed the amount budgeted or the number of full-time employees. This subject will go on the Legal Staff's list for their regular meeting with the City Manager. The Administrative Assistant requested each department head to consider appointments to the Safety Committee. The Personnel Specialist was requested to review the process for the work-study nrnm`am_ a • Minutes of Staff Meeting September 7, 1976 Agenda items were discussed: John Balmer will be out of town on October 16 but his packet should still go out. Bob Vevera indicated there is a high bank on Calvin Court and Emerald that is in need of maintenance. Max Selzer asked that the grading be checked on Morman Trek Road. Complaints have been received that the transit buses are shaking the houses on Rundell street. public Works was requested to check into this matter. The informal meeting of September 20 will be at 10:30 A.M. rather than 1:30 P.M. Items scheduled are a meeting with Mr. Zuchelli and a review of the Union Contract. Part will be in executive session. The Drohlinger Contract should be changed to include all the rides. The Personnel Specialist mentioned that her department is working with the computer service on the merit increases. This needs to be completed by Friday for anyone who had a merit increase during the period July 1 and after. The book, "Time Trap," was recommended to the staff members. ne staff was informed of a display of wood carvings by Bob Lee at the Library. The Library is presently receiving all publications from AMA on a 15 -day trial basis. During this 15 -day period, the publications are to be circulated in the Civic Center. The possibility of having a City picnic was discussed. The staff members were requested to poll their employees to determine whether or not there is any interest. ., +ar .7— 1 ,rte,.•. r_ ,,,.•a- n_•rrz.-3e- 3, ?ervisad air': '1xliar.i riJ .) anu car aor co'._ o seling t�i ,. b :ao•;_ct_.,-ec y0u-1_- . .•,,tile in J3:!rsJ^. COunt'; ?:'Je; •?P. i'; C'JSl�•!:d to aC^e^i -.'•,rrnt..g .. fro- all. Youth-servin': prnfJssional:: of d.isprrj rinta'••d you'•.h b=t:: en 1' ane 1' yours old, !i -:o mi ^t b r ha]?',c ` : � ,ositivo r• - ,� , I '- J. ': a• pori enc 1. The ::ayor` s Yea+w -rPlo.y ment. Fr J-ra.1 :ill ^nrc Ju`.' r!• ' 11 into on? or ` �-. f0117•a :1T C3 �e agr�85: 1. t:n•ib- lr or A.17. D.C.r •r:ily 2. Lo r_inco •� fasl.ilias 3. Fre-dolinquont o* d-:1.ir:quunt ��. Physical or:anaicar 5. roster Caro nlacen-nt or C iL in naed c" assista^ce 6. Poto.!tial drop--ont or drop-out If yo't aro Irrin.g 'crit`, yours, peoplJ !•'-.) are avp=rioncing serious sc':eo_ ,� family Jr parsonal eliflicultlos, You 5::J'1ld COI:Cidor tha :`aYor's Yout:a 1PlOy.7 ,r.+•p r3f1 a5 A _JJ tC"t i 11 r .. r1r: I aIa encl.osin' a dr n i do o pro,;ram 3u -.tell 3s 58VeL3i raferra] forms for your usa. If You have any 2uest13ns about the pro�ra-1, Please feel free to contact r1n. Jin.er91;�� Joan 7a.i gt»n _,ay -se, Director ,.tayorls Youth a.•nrloYment Prol-ram 0 25syor's YJa] _.(:J10, -,Trent P:•J:-rnm D5',•.ct)r - J-r,n Vaa Stn-, res:e Gf°iea - lrlle. LJ-:ar E'..iscatin :road �i�:yrs - "•:i^ n..:. - 'L:Y F..:. Ph.; -I - 351-1035 0 GGGL: To pro•:id•, subsi-'izsd e11nloyn.,3nt fcr d'.sad:•a ts-.1' ;youn- p=ogle in J"nnso-- Co?int.';' within p+iaic or nrlvatn 7lJn-pro?it or-=.n.1-at,_ons- Pi?ILozi.:Yirl: "injor ori.ntation of the rro7ram is to de•: �'_on .;it';in yo+a^7 eeoula an a•arcruss of thoir ahilit'• to co-Itrol. erents in their Cay t -o day liv3s. l.r, cnphasis that an indi-Acl ta_'s b3gavior dors -: a conssqu'anco. Eliminatio-, of Via so called 1"at.e,- or pin cushion theJry" in that t% irrs do not jus`_ iap; a^.,- but teat an �� o : to individual's actions do ma':2 a di.�er.nce. Ths program all -.-),!3e yo;m parson the freedom not only to succeed,- but also to fail, - while reinforcing the corc2pt° that it is the individual's choice, portrayed primarily thron,h one's behavior. Being "rasponsible", is an act of takinr care of The program helps young people to develop a better attitude toward work along with teac!A them job skills. 1. Crystallize a ;gout'^'s work h -bits and interests. '_. Identify and pursuo-, os:ib1:, career plans. 3. Identify am develop positivo work habits. r 4. Dovolop work ir, relation to `.:^-e iptnrest a -:C ability Of the yonnz- person. 5. Screnn work sitos for good s=ipirvision. F. Provide folio----ap anr? suppo:•t. `,r .cork supervisor ana youth. j. Issue paychac=•s. `1. y.c?minister 9•Jaluations . 4. ?ofer +-o+mr pe�pin t . app-cpriata agencies a a propraTs. -..•. 1Q. Cr;:anize educational an -2 recreational a.c i-,i_iris. _. S;,A.• l?'F - 31, 107: lo.Lr :La::imu.a ..mak --z. -•" after school ) C. Ali. ;5-'•.1it..- Disadvantaged 5 yours, :•'-anl) b=t.x_a:a a- t ;e ayes o` 12: . - `Ci ,dvanta ,a l incl!ld s: - 1. i aTily i*tco,u' o11 -VI t';•.3 Danar`- art of -OCia1 3 Lvices Lid=1' of A.F... family , _n=:;. 3. E'r _dolin htoni.'Or dal.i.nquent. t t:tysical Or iia:'t_0. h-indicap. %• 1'• -) ter Caro laej :ont or Chil' p _n need of assistat-ca. "nt al drop-out or drop D. ::or!;_i t )arti5o2 ?es�,onsi.'!ilities 1. P"%"de work an-) rosponsiblo 5"; _ :-vision. 2. Fr, . i,lo adequate i •. ctia•: a^a.r P 't 3. ..'..'� J - 11 .._;._. s13:2 ",f exnec_tat=--7. �:. of -1.;r7: a -.d si"n " t s.:O i of~o•tro'_'.ss: o l a J}• r:'•::rrl.3t^. Wor'-. eval'latlon Porn. o' •(.Y. .. Y. nnrolle.,. Fi •' ., ec. 1 5.1a. 1, an:' ap:•.1 1) �•l, It 4 5• to _ :i.Y.:3.P. (Oct. 1, Dec. 1, roe. 1, and April 1) o. Iuf :rmLy."-P. staf_' of work-related Problem o* enrollee on da-.--. occ : ,.^c. (absentis:a, tardiness, attit-cite, otc.) .. iinr•�_,:rrrvisors 3i,'rts 3 of Slpervlaor to ostablis'� a•:pectatiors in regard to dr_s pul::tuality, ti.,,;, 3blioati.o ;rounds for I dismissal etc. to request in'3rview ,ri`. onrollee prior to placement. 3• :'i ;:a. of sltparvisor to terminat., enrollee from om work site, C ,., �. a.tai lop Vrii' •r :.P. •" �---�� •r Ct from .._,„t, staff in regard to regale- c0a ,--ct and assistance in deal.i::- aith work-related problems. 11 0 Free 'WUA, for subs as Iowa C(Uans pay. Vji1O could Universlty argUe against that? The relationship °f t 1,2001 to Second, Iowa City wants Univer- Heights (POPOIaUon shoo about $eights to buy a proportionate Iowa City (population 1e of a sity services its !s a textbook eighborhood share of the Iowa ni using but not 48I residents have been dependent bedroom of the burden of for _ such as airport, parks escaping Its the greafec communi- paying cemeteries, and a share Ulver- maintaining. ative Cos buy only ty in which it exists. surrounded by lows total admintatT Completely surra has taw of s�ey Heights PTO OS it wants. University Heigh town nUal se tees City, u fair. the characgovernment. It buys It is hard to see what advantages except aPolice and fire PTOOD' water there would be for University ant, garbage main separate e treatm and b a a Iowa is Y ref its residents were and sewage (aclllUes Cit services at pickup. Ubrary City under all Iowa City transit from Iowa at expires Dec. buying rices. There would be a 10 -year contract that Iowa City P "Joining up, s1, 1977. toned to cut' dlyI advantane a operation of Iowa City hast t da Univer- to have a saY off services on that date U a the those se own is fine if ally Heights is un, tO are res_ Going It on ones own a suburb costs. lows City s tettns one can reaUY do it. Many et a tree university cannot, but suburb f the central soFirst, that snaking First it in, as much PTO ride by — -- _ Heights residents Pay services city's facilities and services portionately for Iowa City - l6 / 0 WALL STREET ADURNA,L, Senate Votes to Extend Revenu Shari But Conferees Must Set Ex ` it e• ng; p -tion Date. BY a Wwt.t, Sraerr Jovasw HINGTON—MRtaff Reporter WASurk t, 'the relief hovers and mayors, the Sante the continuation of the gener U sharmoney tostateaned local t� The vote In favor of extending the pr o. gram unW Sept. 30. ion was ge to t The measure goes to a House•Senate Conference group for a compromise agreemegt on Ne eztenslon, Period. The Hous, earlier had voted for n shorter extension running through Sept 30, 1D80. The Program expires at the,end of We rear unless Congress renew- f("Oereral revenue sharing was W put on the Books n 107] amid considerable oonlrevthe over stung slate and local governments spend noney they hadn't collected m lsxee. B low, however, this money pipeline has bo- ome deeply entrenched to the natlon'a pont• =s1 structure, and Its contlmnaB. Is taus. yt lens Nee. of 1G But tt � this quer has beer sweet time about extending the Pro. apRoved gram, and state. muni,4W Ibvettuo- clya have been I.bbytag heavily o mbie things along. In the Senate. the r., tevetme• sharing bill get'stuck behind'the big fax:rp vision bill and couldn't r;e,h Lthe i that measure waa dlapomed of The Senate -Passed btu would pryvly i8.e1,5 billion tn.Jtsie and local juris lOn00- ot L the In the new fiscal year. same eA Provided by the � rslon. However, the Senate measure islntertded to cushion against Inflation by prOAding sn an-. nual Increase of pop million In CAM In each succeeding year. . . The existing revenue.,ynring law yey ties that the recipient government can't ttse the federal money In ways that discriminate. on the basis of rico, oyer, natioosl �n or sex. Both the Hous; and Senate bills wadd expand that IS -t to lnrJtrde -64 � or Phi llal dlsabiyfy,, `t, 1 4 GR0IN TO • REACH RIWE ED HP 2 C 1976 ENVIRONMENTAL EXCELLENCE NCIV pG�OoJCC T GREE Civic Cdwcr, I,V,3 City, Iona 572;o .ieJt::i:.ber 15, 1•176 cr, C:i 1 t:au er, r.d Cit,; C o a n c i 1 of Ico:a C:tv Civic Cent•;:r o-::2 Cit"", io;n wear friends o_' Project :=teen: T:,e hnnw::L r _aetir.,; and =x.11 Rally of Projact : r•oen ai 11 be Septe :bet 22nd. ,7:>Op.r.:. , ut tha Cit,•,• .:eceen Ljorj (:eotar The pro_;rac: mill be a oriei' :lido _ev_-e:r f cur ,7oj�ct.., a at,r.;:- of ourcoats :n nr,ouncc. n of ouc n ::t gj�ntin� project. extenciin.,t: is ap-ci<l invit tion in ti.e dope thst ou ::ill be ::able to attend. lour merest and sub port is ;rrutly agpreciu.ted. 6incera!y, Joyc3 e f, c ,air;:.:.n RECEIVED AUG 1 1 1976 1615 E. College Street Iowa City, Eq 52240 August 10, 1976 Mr. Neal G. Berlin City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Berlin: I know your office is quick to receive complaints and being in administrative work myself, you are probably less likely to receive a letter of appreciation. I do want you citizen of more than twenty years in this to know that as acommunity, I have noted With satisfaction on numerous specific ceived from suoccasions the response re- ggestions for improvement. I can cite two specific examples. Recently I had the occasion to call Mr. Dvorsk a bad dip in the nine hundred block of East College Street and a matter of da Y concerning days, the nuisance was eliminated. within earlier there was immediate response to a telephone all requesting a No Parkin 'some weeks Parking sign near a very busy intersection where cars constantly parking and making it difficult for the bus to up passengers. I want were you to know that these two instances are only indicative of many of the services which the people of our community take for granted, and I thought I would write and tell you so. This does not mean I always agree with "City Hall", but I am mindful of and appreciative of the good serviceswhich our cit employees render for all of us, and I have no serious complaint any of those services. Y plaint about Very sincerely yours, Naxege Dal�eM. Bentzntz CC: Mr. Paul I)vorsky //0911 SoJrtembcr 13, 1976 Mr. Dale M. Bentz. 1615 Cast College Streot Iowa City, Iowa 52240 Dear Mr. Bentz: 0 Tuanik you for your letter concerning; the prompt response which you have received from the public Works Department, and particularly from Mr. Ovorsky. 1r7iilc we do our best to provide prompt service, I IJtow that sometimes there is a delay and things may fel through the cracks. However, we keep trying, I have sent a copy of your letter to all department heads asking that they convey your sentiments to their divisions and employees. We really do appreciate your letter and hope that we will continue to serve you Iell in the future. Sincerely yours, :"Cal G. Berlin City Tanager /Is i INVITATION TO BID DIVISION I yl�` , � ,J:J Sealed bids will be received by the City of Iowa City, Iowa, at the Office of the City Manager in the Civic Center until 11:00 o'clock, CST, September 20, 1976, to be opened by the City Manager immediately thereafter for furnishing and delivering the following equipment in accordance with the specifications now on file in the Office of the City Clerk, Iowa City, Iowa. DIVISION I: Three (3) New and Unused 42 or 43 Passenger Transit Coaches Copies of the specifications and proposal forms may be obtained at the Office of the Transit Superintendent. All bids shall be filed on forms furnished by the City of Iowa City, Iowa sealed and plainly marked "Bids for Three (3) Division I Transit Coaches, Transit Department". Bids submitted in any other form will be considered non-responsive and will be rejected. Each bid must be accompanied, in a separate envelope, by a cashier's check, or certified check, made payable to the Treasurer of the City of Iowa City, Iowa, in the sum of not less than ten (10) percent of the amount of the bid as securtiy that the bidder will enter into contract with the City of Iowa City, Iowa. Said check shall not contain any conditions either in the body of the check or endorsement thereon. The envelope must be addressed to the City Cleik and be endorsed with the name of the bidder and make reference to the equipment being bid. In the event that the successful bidder should fail to enter into contract or furnish bond acceptable to the City Council as required by law, said check shall be forfeited to the City of Iowa City, Iowa, as liquidated damages. Bids may be withdrawn at any time prior to the scheduled closing time for receipt of bids, but no bid may be withdrawn for a period of thirty (30) calendar days thereafter. 4' v The cashier's checks of the unsuccessful bidders will be returned within three (3) days after award of contract. The check of the successful ±{ bidder will be returned after execution of 'the contract in the form c prescribed by the City Council. Payment for the units will be made within twenty (20) days after acceptance by the City Council. Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations. All bidders will be required to certify that they are not on the Comptroller General's list of ineligible contractors. The City of Iowa City reserves the right to waive any irregularities when by so doing it would be in the best interest of the City, and to reject any or all bids. 0 0 This project is subject to the terms of a financial assistance contract between the City of Iowa City and the United States Department of Transportation. CITY OF IOWA CITY, IOWA Mayor Attest: City Clerk ® INVITATION TO BID • DIVISION II Sealed bids will be received by the City of Iowa City, Iowa, at the Office of the City Manager in the Civic Center until 11:00 o'clock, CST, September 20, 1976, to be opened by the City Managerimmediately thereafter for furnishing and delivering the following equipment in accordance with the specifications now on file in the Office of the City Clerk, Iowa City, Iowa. DIVISION II: Twelve (12) New and Unused 42 or 43 Passenger Transit Coaches Copies of the specifications and proposal forms may be obtained at the Office of the Transit Superintendent. All bids shall be filed on forms furnished by the City of Iowa City, Iowa sealed and plainly marked "Bids for Twelve (12) Division II Transit Coaches, Transit Department". Bids submitted in any other form will be considered non-responsive and will be rejected. Each bid must be accompanied, in a separate envelope, by a cashier's check, or certified check, made payable to the Treasurer of the City of Iowa City, Iowa, in the sum of not less than ten (10) percent of the amount of the bid as securtiy that the bidder will enter into contract with the City of Iowa City, Iowa. Said check shall not contain any conditions either in the body of the check or endorsement thereon. The envelope must be addressed to the City Clerk and be endorsed with the name of the bidder and make reference to the equipment being bid. In the event that the successful bidder should fail to enter into contract or furnish bond acceptable to the City Council as required by law, said check shall be forfeited to the City of Iowa City, Iowa, as liquidated damages. Bids may be withdrawn at any time prior to the scheduled closing time for receipt of bids, but no bid may be withdrawn for a period of thirty (30) calendar days thereafter. I The cashier's checks of the unsuccessful bidders will be returned within three (3) days after award of contract. The check of the successful bidder will be returned after execution of the contract in the form prescribed by the City Council. Payment for the units will be made within twenty (20) days after acceptance by the City Council. Contractor will be required to -comply with all applicable -Equal Employment Opportunity laws and regulations. All bidders will be required to certify that they are not on the Comptroller General's list of ineligible contractors. The City of Iowa City reserves the right to waive any irregularities when by so doing it would be in the best interest -of the City, and to reject any or all bids. E 0 This project is subject to the terms of a financial assistance contract between the City of Iowa City and the United States Department of Transportation. CITY OF IOIVA CITY, IOWA Attest: I %T1 i • �4' �- rte_:_ �. � :� .C' 1,� _., ity Clerkn • I,VVITATION M BID DNISIO,V III � Sealed bids will be City of I Office of the City A�a$ereinbthehCivic Ce teO a City, Iowa, at September 20, 1976, to be for furnish' opened by the ntil 11:00 0' the the Ing d delivering the followilty hfana clock, CST Cit Specifications Iowa. ns now on file in ng equiprntediately thereafter the Office of n accordance with the City Clerk, Iowa DNISIO,V III: Pas e Five(5) n` r and Unused 42 or Hier Transit Coaches 43 Copies of the s Office of the TPecifications and ransit Superintendentposal forms may be obta' All bids shall be Obtained at the sealed andLs filed oforr Transit De plaznly marBld�„ ids for ished by the City of I 'On -responsive nt". sub Five (5) Division III Iowa City, Iowa and will be rejected. In any other form will baesIt Coaches, Each bid must be considered Leak, or certifieccomp�ed° in a amountloyy Iowhe a, in the of noty�pertOethe Treasurer a cashier's With the Cit bid as sum that less than ten (10 Of the City of conditions either in City, Iowa aidbidder w' ) PeTinie Of the check shall envelope must be in the body of contract name of the bidderddressed to the CiteCk or endorsement thereon any the event sh that and make reference tolt}1e and be endorsed The or ndo wi check shallbbedtacceptable the City equipment enter terms bid. the forfeited t° fail damages. the Cit to Council as into contract City of Iowa C' required by law, said Bids lty' Iowa, as liquidated e be withdr at any time prior for receipt o (30) calendar days bids, bid may be withdrawn scheduled closin a period of thirty The cashier's checks of three (3) days after the unsuccessful bidder will days award t bidders will be rete returned after contract. The check of returned within prescribed by the City Council. 'On of the contract lin successful Payment for the form by the Cit units will be made within Y Council. twenty (20) Contractor w' SYS after acceptance OPportuni 111 be required tY laws and re to omply with all 11 aPPlieable•Equal All bidders will be re �1oYment mi'neral's list of ineligible tocertify that they are not on the Comptroller i� n 't so dy Of oing City reserves the reject aning it would be in the best to waive y or all bids. best interest any irregularities the City and to This project is subject to between the Cit the terms of a fi Transportation.y °f Iowa City and the UnitednSates cial sistance contract Department of Attest:, CITY OF IOWA CITY, IOIVA 9