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
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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
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"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//
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CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
TO: Neal Berlin
FROM: Richard Plastino
RE: Vibration caused by Buses on Rundell Street
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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
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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
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IbTAL COMPLAINTS
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2232 2275; 2216
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• 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
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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
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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
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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