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0CIfy of Iowa
M
EMORA,I'VOUM
\ /I
TO; City Council DATE: �i_
FROM: Neal Berlin, City Manager, John Hayek,
Director of Community Development
O elopmen
RE: Proposed Tree Planting
October IS. 1976
City Attorney, Dennis Yraft,
Some concern has been expressed by members of the City Council relative,
to the impact of Subsection C of Section 8.10.40.4 (enactment) of the
The intent of this Subsection tas tassure
that Tree Ordinance. curredhattheprovisions
that as redevelopment of a significanttnature
Oc tentof the Ordinance
of the Tree Ordinance would apply
would be adhered to.
It was not the intent of this provision, however, to preclude or hinder
the normal property improvement,rnorptocement discourageathelties nor to
elimination of
discourage p p Y
architectural barriers. It is the intent of the Ciao to encourage prole ,
and
upkeep
and
hilandvement both
mprovementsthel;morder mthat thent of e above-mentioned
objectives could be adhered ito,mprove
it is recommended that Section 8,10.40.4.0
be amended to read as follows:
8.10.40.4.C. Except when the alterations to the principal structure
do not increase the floor area by more than 10 percent or provided
that there is no change in the use of the principal structure.
If enacted, this amendment would allow for routine building maintenance
and improvement (including remodeling) without having the provisions.o£
the Tree Planting Ordinance apply. ilowever, the provisions of tho,
Ordinance would apply if a major change in use: were converted
occur, e.g.,
if a residentiaosedapartment
change structure
would were
to rectlybe vrelatettoathe fspecific
use. This p P
intent of the Ordinance, i.e., makingthesed
intensity of use theorrchaugenof P
Ordinance specifically apply
use.
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MAYOR
MARYNEUUAUSER
COUNCIL MEMBERS
ARN BALMER
CAROLWEROSSE
L. P. FOStER
DAVID 4ERRET
MAKSEUER
FIOBERr VEVERA
Dr. F. D. Staab, Mayor
City of University Fleights
901 Melrose
Iowa City, Iowa 52240
is
Dear Dr. Staab:
I
Enclosed is a copy of a press release from the Public, Works Department of
the City of Iowa City concerning leaf pickup for Iowa City. I would like
to draw your attention to the last date listed. The area to be covered oo
October 28, 29 and November 1 will be all of Iowa City west of the I
River excluding University Heights. owa
The agreement negotiated between the City of Iowa City and University Heights,
which was adopted by Resolution No. 262 on September 2, 1968, expressly
excludes the use of road use tax funds. Street Division services operate
with road use tax funds and, therefore, the collection of loose leaves in.
the University Heights area is outside the terms of: the contract.
Refuse crews will continue to collect leaves from University Heights residents
on any Monday, which is the designated day for refuse collection 34, University
Heights. The leaves must be contained in plastic refuse bags and placed at
the curb along with other refuse for collection.
W
ely yours,
. Perlin
City Manager
Is
cc: City Council
1 'N::2,
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IC41fA CITY IgWA YC4u
019.454 IWMI
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NEWS RELEASE
Leaf Pick -Up
October 14, 1976
Iowa City Street Division crews will begin picking up autumn leaves next
week and they plan to cover all of Iowa City over a two-week period, Street
Superintendent Paul Dvorsky announced today,
Residents of Iowa City are reminded that the City's leaf machine will not
pick up brush and garden refuse. Mr. Dvorsky asks that leaves be piled on the grasp
between the sidwalk and street curb, separate from other debris. They must not, be
placed in the street because the leaves will wash into storm sewers and clog
drainage when it rains.
Route that will be followed during the next two weeks are:
October 18 and 19 South of Rock Island Railroad tracks and east
of the Iowa River;
October 20 and 21 East of Dodge Street, south of Court Street,
and north of railroad tracks;
October 22 and 25 East of Dodge Street and north of Court Street;
October 26 and 27 East of the Iowa River, north of railroad tracks
and west of Dodge to Kimball Road;
October 28, 29 and All of Iowa City west of the Iowa River, excluding
November 1 University Heights.
Leaves should be placed in location for pickup by 8:00 A.M. the first
day of pickup for each area of town. If residents desire more rapid leaf pickup,
they may bag the leaves in plastic sacks and place them out with regular refuse
for collection by the City Solid Waste crews.
The dates for a second sweep of the City will be announced at a later date.
News Release
Leaf Pickup
October 14, 1976
Because the agreement negotiated between the City of Iowa City and University
Heights expressly excludes the use of road use tax :funds, and Street Dilrision crews
operate with road use tax funds, the collection of loose leaves in the University
Heights area is outside the terms of the contract.
Refuse crews will continue to collect leaves from University Heights on any
Monday, which is the designated day for refuse collection in University Heights.,
The leaves, however, must be contained in plastic bags and placed at the curb
along with other refuse for collection.
mom
FROM: Administrative Offices
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
DATE:
TO: Neal Berlin
City Council
FROM: Richard J. Plastino
RE: Scott Blvd. Right -of -Way
Attached is a map which shows the approximate right-of-ways on Scott
Blvd. Several conditions exist which may make this map only
approximate:
1. Various sections of the Scott Blvd. right-of-way
were deeded to Public use many years ago and the
descriptions are unclear;
2. In some cases, a 40 ft. right-of-way was deeded;
however, the present fence lines and various iron
pins that have been found along the right-of-way
are not at a 40 ft. width;
3. Scott Blvd. formerly continued to the north near
Interstate 80 and an east/west road met Scott Blvd.
in the vicinity of Interstate 80. The section that
wiggles by ACT used to be part of 01d Dubuque Road;
4. The only firm right-of-way widths are in the vicinity
of Court Street. In this area a subdivision has, been
platted, which gives the City a 50 ft. right-of-way
on the west side of the section line and part of the
concrete street has been built.
The attached map is adequate to indicate the approximate right-of-ways.
Perhaps more important, it indicates the,ambiguity.that exists ilR
regard, to right-of-way. If construction,with resultant land acquisition
is anticipated, a detailed legal search would need to be made of the
highway records at the County Courthouse and legal interpretatigns
would have to be made concerning the actual right-of-way that exists.
There is also a question of how wide Scott Blvd. should be if it is
reconstructed. The Area Transportation Study indicates that Scott
Blvd. will be lightly used in 1995. If Scott Blvd. were connected
directly to Interstate 80, approximately 3,000 cars would use Scott
between Hwy. #6 and Nnerican Legion Road and approximately 4,000 to
6,000 cars would use Scott Blvd. between American Legion and the;
Interstate.
If Scott Blvd. were not connected to Interstate 80, but continuer
into F1wy. #1, approximately 1,000 to 2,000 airs would use the Scott
apge 2.
Scott Blvd. Rig t -of -Way
Blvd. between Fhyy. N1 and American Legion Road and approximately 3,500
to 4,500 cars would use the Scott Blvd. between American Legion Road
and Fhvy. #1.
The above figures were determined from computer models using the °tanto
dominant assumption, which assumes no increase in mass -transit.
Essentially, all the computer model does is anticipate future Sand
uses, determine how many car trips a day would cane out of such land
use, determine where the cars are going, acid then assign each car to
a specific road segment. The figures generated from a computer are
certainly not firm figures; however, they cio give a general range of
traffic volumes. The traffic volumes mentioned above are low in
relation to other streets in town.
If the objective is to reduce construction costs to aminimum, Scott Blvd.
clearly can function as a two-lane road. On the other hand, if four
lanes with a median are desired for aesthetic reasons, this could be
done recognizing that it provides capacity far in excess of projected
needs.
It is difficult to consider Scott Blvd. at the present time since the
Area Transportation Study is not done. At this time it is known that
there are extremely severe traffic problems in -the area of Hwy #14
Riverside Drive, Burlington Street, North Dubuque,
Fhvy. N1, parts of American Legion Road and Melrose. �if the Cid'
wishes.
ar
to alleviate these severe problems, there will be multi-million doll
expenditures in the next several years for up -graded highway facilities
and/or increased transit service. At this point in time, it apears
almost certain that construction of Scott Blvd. will fall-reasonselow•
moving Scott Blvd. up in the priority list.
other projects in priority; however, there may be other for far b
In summary, the right-of-way shown on Scott Blvd. cannot be considered
firm and should be used for only general planning purposes* Detail
ued
legal searches will need to be made before the City can take a stane
on right-of-way acquisition. The width of right-of-way actuallye
needed depends upon whether a two-lane or a four -lane road is built.
In addition, consideration of a bikeway along; Scott Blvd, will dictate
the need for a wider right-of-way. It appears that under almost any
condition, the City is going to have to condemn and purchase right-
of-way; therefore, the City should determine some design parameters
since right-of-way acquisition will be expensive.
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CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEAN— DU -M
DATE: _ U�tOler 11,
T0: Neal Berlin
City council
FROM: Richard J. Plastino
Handicapped Units
RE: hed apartments went into effect
in 1975, there have been Since the law ave bee handicapped
33 handicapped units built in Iowa City.
TO:
FROM:
RE:
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEFIORANDUM
Neal Berlin
City Coumcil
Richard J. PlastinoIf
Landfill Charges
A previous memo dated July 29, 1976 had suggested
charge other communities a flat rate for using th
landfill based on the population of their tori.
weight of approximately 5 lbs. per person per day
determine the flat rate.
DATE:
that Iowa City
e Iowa City sanitary
A solid waste generation
was suggested to
Discussions with the attorney of one of the communities in Johnson
County reveals that this particular system may be much harder to.
implement than Was thought. He pointed out several reasons why
generation rates in this community might actually be lower than S lbs.
per person per day. Such reasons included' a large number of farmers
living in the community who dispose of their trash on their farm;
the existence of a dump one or two miles south of the town; a high
percentage of elderly persons in the community, etc. 1Pe attempted
to work out ways in which it would be possible to determine, the
actual amount of refuse going into solid waste trucks that come to the
Iona City sanitary landfill and we came up with an idea of weighing
the trick in the community when it arrived in town and then weighing
the truck when it left the town, Thenthis weigh ticket would be,
handed to the Iowa City sanitary landfill attendant.
After some thought, it became apparent that: this system would become
very unmanageable and unwieldy when one considers that Iowa Cit
has ten (10) accounts in other communities. }+
111hile Iowa City can move to a flat rate billing system for other
communities, these communities will be able to present arguments why
they should not be charged at a rate of 5 lbs. per person per day. As
mentioned in the earlier memo, generation figures for many of the commtmities
at the present time.are very low and there is fairly conclusive evidence
that the Iowa City general fund :is absorbing costs for solid waste
not generated from Within the Iowa City city limits.
In summary, at this point in time, it would seers that three (3)
options are available:
�Fgs_
page 2.
Landfill Wges.
OPTION 01 Present System
Continue the present "charge back" system. In this system, drivers
passing over the landfill scales declare which agency they
represent and that agency is then sent a bill by Iona City. This
is the system presently being used.
OPTION #2 Flat Rate Billing System
Change to the method mentioned in the July 29, 1976 memo. With
this system, all of the communities that have contracts with
Iowa City would be billed monthly on a flat rate based upon the
population of the community and a solid waste generation rade of
approximately 5 lbs. per person per clay. The University of Iowa,
the Johnson County Government and the Iowa State Highway Commission
would continue to be billed on an actual tonnage across the
scale.
OPTION #3 Self-Sustainin}JUt, i;lity
Run the landfill as if it were a privately owned business
and charge haulers as they come across the scale. In other
words, if solid waste company "A" came across the scale
and had 12 tons on the truck, solid waste company "A"
would be sent a bill for 12 tons. Iowa City would have
no contractual agreements with any other community or
agency and in effect, the landfill would operate as a
private firm :in which revenues would equal costs.
To Seei�pPcIct on the general fund (leach of these alternates,
tonnage gures for FY 76 and the revenue generated are indicated
OPTION kl - Present System
TGNS REVENUE
TOTAL FY 76 (7/1/75 to 6/30/76) 76,388 —T
$276524
RECEIVED from all AGEA'CIES $
TOWS having COaYIRACTS AV/
IOWA CITY
22,873 $ sz,soo
ABSORBED by the IOWA CITY
GENERAL FUND
53,515 $183,724
OPTION #2 - Flat Rate Billin��
TOTAL FY 76
76,388 $276,324
RECEIVED from CONKNITIES
BILLED at FLAT RATE
13,789 $ 493916
REC'D from FEVY. COM. F tNIv. of
IOWA $ JOHNSON COtNlY
143209 $ 51,437
ABSORBED by the IOtVA CITY
GENERAL FUND
48,390 $175,171
OPTION #3 - Self -Sustaining Utility
TOTAL FY 76
76,338 $276,524
PUBLIC 1VORKS REFUSE ROUTES
(Not Subject to charge) 10,826 > $ 39,19Q
TOTAL RECD by IOWA CITY from
OTHER COWUNITIES F, AGENCIES
65,562 $237,334,
ABSORBED by the IOWA CITY
GENERAL FUND 10,826
$ 391190
page 4.
Landfill Charges
Option #1, the present system, is
residents since we have evidence
absorbing solid waste charges fo
Iowa City.
i0
clearly :inequitable to Iowa City
that the Iowa City general fund is
r refuse generated elsewhere than
Option tit, while it corrects some of the deficiencies of Option #I
may be viewed as somewhat arbitrary since :it does not fully take into
allowance the percentage of older population, percentage of famers,
amount of industrial solid waste, etc. It is a viable option, but
only if it does not include undue interference with other communitiQs,
such as requiring a hauler to weigh in when he reaches that co,�=utitw-
and weigh out when lie leaves the community. Because some haulers
pick up several communities in a day, the administrative procec{ures
under such a system, and the imposition of Iowa City's rules and
regulations upon another community, would render Option #2 very
difficult to implement.
Option 113 is clearly the preferred option if it is desired to make --"c
landfill self-supporting. As will be noted, under, Option #1, a
very large amount of money in the Iowa City general fund is presesI;t
being used to support the sanitary landfill. Conversion to Option 3'a
would relieve the general fund of this heavy burden. The disa(4='Ia ;c
of this option is that apartments not picked up by the Public Works
Department, commercial accounts and industrial accounts in Ioz,-a City
would receive increased charges from their private haulers since t' -c
hauler would pass on the landfill charge to their customers. inz
would work out to about $3.00 to $4.00 per ton additional charge rvrr
existing rates. The owner of an apartment or a commercial or i,-:::: z: a:
business could deteimine the additional charge by finding out bc'•
tons they are having hauled from the premises and multiplying the,
tons by approximately $3.00 to $4.00 per ton.
If Option 03 were chosen, there would be some delay in implene-,=—..t
such an option since the City has contracts with 13 agencies a-;°.
(7) of these contracts have already expired. at the. present, fivtr
are still in effect, and one (1) is an on-going agreement.
In summary, the present system
unjustified burden on the Iowa
this imbalance to some extent,
the necessary, but arbitrary,
other agencies. Option #3 has
the sanitary landfill to oper
removes a large financial bur
Its deficiency lies in the fa
to Iowa City apartments and co
(Option #1) is placing an unfair —
Iowa
RJP:bz
City general fund. Option #2 co'" 4-^'
but has some deficiencies becw,*+'
determination of a generation rat:
many strengths in that it will Ax
ate as a self-sustaining utility '
den from the Iowa City general l;.•
ct that it will result in increase' ' y'�it
mmercial and industrial busino�;"
City of Iowa City
MEMORANDUM
DATE: October 13, 1976
TO: City Council
FROM: Hard Working flman Relations Staff L t,
i
RE: All Expense Paid Trips
i'
1. I'm delighted you're reading the minutes of the Commission meetings.
2. The Federal EEOC advertised several weeks ago that they would pay f
expenses of local government commission members to conte to St.
Louis
on
tothemoandrthey made aivil Rights determ determination liimithe Ethe7onse was ninvitatiood ng
deferral cities.
3. They cancelled the invitation to Iowa City the first of last week
because too many people signed up and we are not a deferral city.
4. Tom Mann, the new director of the State Civil Rights Commission,
called Linda Ragland toward the end of last week to say that someone
on their staff was unable to go and asking her if she would substitute.
I couldn't think of a good reason not to let herr go.
5. Linda Ragland is in St. Louis for 2 1/2 days for training with the
EEOC at no expense to the City.
from Inl,n 1n1 U.
To Abbie 9'0""8oer lo-il_76nme
City Clerk
Civic Center
Iowa City, Iowa
Re: Baker v, City of Iowa City
Dear Abbie:
Enclosed please find a memo
to me from Tony Kushnir regarding
the above mentioned case. Please
make copies of this memo to :include
in the next packet of materials for the
City Council, Thank you for your
cooperation.
John Hayek
7v..++b pp,M 1
❑ Hep1y+-+C} f/�Grretem 0 See me,
City of Iowa
MEMO
RANDUM
DATE: October 4, 1976
TO: John Hayek, City Attorney
FROM: Tony ?(ushnir, Asst. City Attorney
RE: Baker v. City of Iowa City
I have been informed by the Clerk of the Supreme Court
that the above stated cause of action is due to be heard
today
before the Supreme Court in apProxim-itely 20 months f=m
determination gently it will be sone time before we have a
impoundment and use of the Denver Boot.
Tony Kushnir
a
City of Iowa City
MEM
ORA;I�,iDVI'M/l� + 1
DATIE: October 8, 1976
TO: Neal Berlin, City Manager '
U
FROM: Dennis R. Kraft, Director of Community Development V' j
RE: Iowa Community Betterment Program
ffyy
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is
Mr. Paul Comer, the Director of the Iowa Community Betterment
Program, contacted me last week and requested that I s0rve
as a judge to evaluate communities participating in the state-,
wide Community Betterment Program. My participation in;this
program should provide several benefits to.the City also,
even though we are not participating in this program this
year. I believe by judging the programs of 15 to 25 other
communities, I should get a fairly good perspective of what
is being done elsewhere in the State. This should also
me an excellent opportunity to view mangage
y differeexamples
Of citizen -government interaction, and different exampls
e
public relations for Iowa City. I should add also that this
good
program is formally supported by the League of Iowa MunicI
palities.
T'he time period involved for this program would range from
five to perhaps as many seven days. The period of involvement
would start on Sunday, October 17, and would run through
Friday, October 22. Depending upon the number of communities
that I would be required to judge, there is a possibility that
I might have to finish up during the early part of the. week of
October 25th.
I'
All expenses incurred by me during this program would be paid
for by the Iowa Development Commission, and the City budget
would in no way be adversely affected by this activity.
Please let me know if you would like additional information,
about this program.
DRK:sc
s ml
Caty of Iowa Vii,
MEMORANDUM
DATE: October .15, 1976
TO: John Hayek, City Attorney
FROM: Tony Kushnir, Asst. City Attorney
RE: Korshoj v.City of Iowa City Iowa
Iowa District Court
Attached please find a copy of the Findings of Facts, Conclu-
sions of Law, and Judgment filed by Judge Vietor on Octch 13,
1976, in the above cause of action.
The above cause precipitated from the case state of ,Iowa
tate Board of ents v, the City of Iowa cir.,_ i. .
nucanoj rj,lea a cross-�clAim
alleging that due to the negligence of City employees it $uffertd
damages in the amount of $60,000. A hearing on the issue of
liability was held in October, 1975, with,a presentation of evidence
and testimony by both parties and written briefs which were subsq-
quently submitted.
The Court found that Korshoj had a duty by contract to perform
certain obligations and upon its breach of contract to perform it
can not Complain that the actions of the City in attempting to ful-
fill those obligations were negligent or inept. Further, the CoLu t
adopted the City's position that because Korshoj's own broach set
the chain of circumstances in motion, it may not recrover P.ac losses
arising proximately therefrom. AccoLLgly the Court dismissed
Korshoj's cross-petitign against the City.
If you have any questions concerning this mem or the attached
decision please don't hesitate to contact me,
'.Cony Kushnir
C� moo/
Ste' I b
IN THE IOWA DISTRIC1 COURT IN AND FOR JOHNSON COUN'T'Y
STATE OF 1011A and '1111.
STATE BOARD (A -
plaint if fs
A Plaintiffs w
vs. -
r: VQ _
CITY OF TOWA CITY, 10WA and �-v
KORSHOJ CONST RUCTIO\ CO., INC.,
Defendants.
CITY OF IOWA CITY, IOWA,
Third -Party Plaintiff
VS.
H. ROBERT VVENSTRA, .JAMES W.
KIMM and VI:I:NS'rRA t; KIMM, A
Partnership,
'third -Party Defendants.
Law No. 42100
FINDINGS OF FACT,
CONCLUSIONS OF LAN,
AND JUDGMENT
The liability issue only, presented by the Cross -Petition of
Defendant, Korshoj Construction Co., Inc. (hereinafter Qorshoj")
against Defendant City of Iowa City, Iowa (hereinafter "City")
was tried by the undersigned judge. (The original action by
Plaintiffs was previously settled.) A Third -Party Petition f.iLed
by City against its engineering consultants, H. Robert Veenstra,
James W. Kimm and Veenstra F Kimm, A Partnership, (hereinafter
"V and K") was separated for later trial, if necessary, by agree-
ment of all. parties. This Third -Party Petition seeks indemnity
or contribution in the event City is held liable on the instant
Cross -Petition. It becomes moot as a result of this Decision,
Korshoj has treated as Plaintiff for purposes of this
trial. It was represented by .John Nolan of Iowa City and .John
R. Phillips of Des Moines. City was represented by Robert C.
Tilden of Cedar Rapids and Anthony Kushnir of Iowa City. Evidence
was received, oral arguments were presented and written brief;;
were subsequently submitted.
-2-
I I?l IIINGs 01? 1_A(_I'
LiIy, :i omni c•i1,111 c•orporat.iwl, rcLaincd enF!i.noirs, V and .C;,
ition to its water treatment plant. The
to design an add`a
contract for these professional services, dated March 21, 1$69 -
called for both desiF*•n and on - site �uperV'ision of construction`,
Pursuant thereto, V and K prepared detailed plans and spat fie �
tions and let the job out for bids.
Korshoj bid for and got the fixed -fee construction contract
after an on-site inspection by its representative, C. E. Mayer,
consul.Lation with tice plant superintendent, Cleo Kron, and
review of the plans and specifications and other contract docu-
ments. Construction was begun on or about July 7, 1971.
The plans and specifications prepared by V and K, upon which,
Korshoj bid the project, did not disclose the existence of three
concrete -encased electrical conduits four inches in diameter
running underground parallel to and about four feet west of the
east property line of the water treatment plant. This bank of
conduits was Owned by the University 01 Iowa and contained high
voltage wires that served certain of its buildings. This concrete
encasement extended from the public street along the south
property line to a m anhole near the northeast corner of the
It was sunk at
property, a distance of approximately 125 feet.
a depth of about four feet from the surface to the bottom of the
encasement and was rectangular in shape with dimensions of
approxi.matcly 30 inches in width and 18 inches in depth. This
was a common means of Protecting such underground electrical
wiring.
Many underground conduits are not of record.
Although the existence of the above-described concrete -
encased conduit was not disclosed by the plans and specifiGa-
-3 -
tions, Korshoj hint actual knowledge of the existence and location
of this underground obstruction prior to entering into the
construction contract. The water plant superintendent, Cl'do. �l
CD
Kron, told Korshoj's construction foreman, C. E. Mayer, of ahe
ca
conduit and •.pecirically pointed out its location to -him during,
a general site inspection by Mayer made to familiarize hihisglfe?
t.J •J rQ
with the project before bidding it. `u
When the encasement was eventually uncovered during the
course of excavation for the construction of a new clarifier,
Korshoj promptly and emphatically refused to assume any responsi-
bility for its removal or protection and discontinued work on the
excavation, leaving it to City and V aiiK to work out a solution.
Representatives of the University insisted that its underground
conduit be protected rather than even temporarily removed so
that there would be no interruption of electrical power to the
University's buildings. Throughout the discussions that followed,
Korshoj took the position that it had no duty to remove or
protect the conduit because it had not been shown on the plans
prepared by V and K and refused to proceed with construction until
others moved or protected it.
Various alternatives were discussed by V and K, the
University's representatives and City's engineering department.
Korshoj refused to participate in these discussions. One of
the alternatives suggested was to make a vertical cut for the
east wall of the clarifier excavation just west of the conduit
so that it would be left with vertical support by the dirt
directly under it. However, this would require driving metal
shoring into rock to prevent cave-ins. Korshoj was approached
with this alternative but refused to install the shoring unless
City agreed to pay it extra for doing; the work., estimated at
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i
t
$12,0011. Ultimate:l.y, tilee.rst w.cll of Che excavation for the
clarifier was cur by Korshoj at about an 11° angle from the
I
vertical (rather than 22.5° as originally intended) which
brought the top of the excavation to a point a few feet east:o:€
the conduit. By steepening this angle of cieclinatiori, Korshoj
provided Borne,but not enough, vertical support under the il
encasement for the purpose of holding it in place and pre_VAMtin�
it from sliding into the excavation. It did nothing else to
,I
secure it. To provide further support for the conduit across
i;
the excavation (a span of approximately forty feet), City's engin-
eering department caused two telephone poles to be spliced
together to a total length of about sixty feet. This was then
laid across the top of the excavation parallel to and directly
above the concrete encasement. The two were then tied together
with approximately eight wire cables spaced about five feet
apart. This temporary support was characterized by Mayer, in
his project diary, as a "Fred Flintstone Special." Both Mayer
and Harold Wright, Executive Vice -President of Korslioj , 1y116 had
made the decision to refuse to proceed, were of the opinion that
this installation was so inadequate that it was certain to
collapse eventually. Yet they did not express their opinion until
after the "Fred Flintstone Special" did .in fact slide into the
excavation and collapse during a severe rainstorm on November 1,
1971.
The refusal of' Korshoj to protect or remove the conduit and
to proceed with construction was unjustified under the circum-
stances and was the initiating cause and a proximate cause of
its claimed additional expenses now being sought from City.
0
-s-
0
Thrl contract hrt cen Pity and Rorshnj contains the follow
tng relevant provisions:
General Conditions.
6-0.1 Safety: Precautions shall be exercised at
all times by the contractor for the protection of
property. . . .
6-07 PROTECTION OF PUBLIC AND PRIVATE UTILITIES:
The Contractor shall support and protect by timbers
or otherwise, all pipes, conduits, poles, wires or .
other apparatus which may be in any way affected by
the work. If, throughout the Contractor's opera-
tions, any of said pipes, conduits,poles, wires or
other apparatus should be damaged, theyshallbe
repaired by the authorities having control of same
and the expense of such repairs shall be charged to
the Contractor. . . .
6-08 DAMAGES TO EXTS'1'ING IMPROVEMENTS AND UTILITIES.
Underground utilities of record will be shown on
the construction plans insofar as it is possible to
do so. These, however, are shown for convenience
only and the Owner assumes no responsibility for
improper locations or failure to show utility loca-
tions on the construction plans.
The Contractor shall take adequate precautions to
protect existing . . . utilities . . . and structuress
and to avoid damage thereto. lie shall at his own
expense completely repair any damage thereto caused
by his operations to the satisfaction. of the Engineer,
except as otherwise provided in other portions of
these Specifications.
t. •r. ;t
Detailed Specifications.
-Contract One -Part 4_fixcavati0n, Backfill and Site
Work
3.3. Provide sheeting, shoring and bracing whcre
required to hold walls of excavation or to protect
structures or utilities; sheeting for structures is
incidental to construction.
x x x
10.1 Contractor is fully responsible for any
damage to utilities during construction; . . .
CONCLUSIONS OF LAW
1. The concrete encasement was both "conduit" and "other
apparatus" as that term is used in Par. 6-07 of the General
Conditions of the contract.
2. The conduit was a "utility" as that term is used in
Paragraph 6-08 of the General Conditions and in Paragraphs 3.3
-6 -
'Md Illi of Parc 4 of the Detailed cpecirications of the contract.
3. Under the teals of the contract, Korshoj had the duty
to support and protect the underground conduit. Its contention
that the size and weight of the encasement takes it out of the
category of. "conduit" or "other apparatus" contemplated b),_the`;:
parties leas no merit, especially in light of b1ayer's tes:i�tGny�,
that the protection of underground electrical conduit by enSasing
it in concrete was not unusual.
Q. Because Korshoj had the duty to support and protcG't IXe
underground encasement and breached its contract by refusing to
do so, it may not now complain that the action of City in attempting
to do so was inept or negligent. This is especially true since
Korshoj looked on in silence when the allegedly inadequate
protective measures were being taken and, in fact, to some extent
participated in the project by altering its intended angle of
declination for the east wall of the excavation so as to provide
a modicum of vertical support under the conduit.
5. Any additional expense to Korshoj caused by the collapse
of the "bred plintstone Special" was initiated by and arose as a,
direct and proximate result of its own breach of contract. If
it had not wrongfully refused to install shoring without additional
compensation or if it had taken other measures to protect the
conduit, as it had a duty to do, it would not have been necessary
for City to attempt to do so itself.
G. Because Korshoj had actual knowledge of the existence, and
location of the conduit before bidding the project, it will not
be heard to contend that it was entitled to ignore that knowledge
and be paid extra for protecting and working around the conduit,
The contract contemplated the possibility of such oversights,
-7 -
and inaccuracies; and placed the risk of such upon the contractor.
In thi, in.tance, the exact nature of that risk was known to and
assumed by Korshoj.
7. Korshoj had the duty to do whatever was necessary to
protect the underground conduit from damage without additional
compensation and was in violation of its contract with City w71en
it refused to do so unless additional compensation was.pa:id.,--i i
8. Because Korshoj's own breach set the chain of Citcumstancesi
in motion, it may not recover for losses arising proxim'It:ely
I�
therefrom.
JUDGMENT
It is the judgment of this Court that:
(1) Korshoj's Cross Petition against City be, and the: same
is hereby, dismissed;
(2) The Third -Party Petition of City against V and K be, and,
the same is hereby, dismissed, the claim asserted therein now being
moot;
(3) The Clerk shall tax the costs of this action to Korshoj.
Dated this 13th day of October, 1976.
C3 G
[ JUDICIAL DISTRICT QF
I01VA
0
WILL J. HAYEK HAYEK, HAYEK &
HAYEK
JOHN W. HAYEK ATTORNEYS AT LAW
C. PETER HAYEK 110 EAST WASHINGTON STREET ARE;I'�1
IOWA CITY. IOWA Iige9,S
52240 3:1$-9006;
October 12, 1976
The Honorable Mayor and
City Council of Iowa City ��� ' ��7
Civic Center .361E SITOLFllI
Iowa City, Iowa 52240 CITY ��LERK
Human Relations Commission
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Mayor and Council Members and
Members of the Human Relations Commission:
Attached you will find a memorandum dated October 6, 1076, by
Angela Ryan, Assistant City Attorney, concerning jurisdiction over the, '',
University of Iowa, This memorandum has been prepared by the Cityls
legal department at the request of the City Council and the Human
Relations Commission.
Specifically you will note Ms. Ryan's conclusion, with which. I
concur, that the City does not have jurisdiction over the University Iowa with respect to discrimination complaints. Ms.
be ha y of
happy to discuss this matter with Ryan and I would
you further if you wish,
JWH:vb: l
Enclosure
cc: Mr. Willard Boyd
Respectf 11 s bmitted,
a W—
Joll, ,W, Hayek
r
r
s
5
t
k
v
y
DATE: October 6, 1976
TO: John Hayek, City Attorney
M
FROM: Angela Ryan, Asst, City Attorney
RE: Jurisdiction Over the University of Iowa
{
FACTS
In different contexts, the question has frequently arisen;
whether the Ci
University of Iowty
Iowa City may exert jurisdiction aver the
QUESTIONS PRESENIM
upon aco•Has the Human Regions C ssion the authority to �
be the respolndentof disci' in which the University
would
2. Has the City jurisdiction
areas? over the University in other
CONCLUSION
1 • The State Merit Commission
primary jurisdiction over theetive a Board of Regents have
discrimination complaints against r employe to deal with
municipality has no authority the University; therefore,. a,
University. to in}oase conditions upon the
2• Great deference is given to the unique status
and other state given or the courts will not be all of a university ,
with its control and management unless aaed to interfere is
authority. Under the principles of sovereignty, of Regents exceeds its
agencies are not subject to municipal the state and its �-
mental function. Pal control when Performing a govern -
DISCUSSION
The Constitution Of the State
"The educational and school fundof Iowan Article IX, 91 states.
and management of the and lands, shall be under the ontrnl li
the -legislature aGeneral Assembly of this State." r
of Regents. delegated the control of the Universities tCC app 262 ji
of Regents shallnmakee Pier and duties enumerated in 926 ,9 the Ekx?rd I!
rules for admission to and for the graverBoard' I'
Of said institutions, not inconsistent with the law 1,
and control the property, both real and personal ` they shall manage
institutions; and perform all other acts necessary and
dngincj to said
execution of the
states that powers and duties conferred by law upon
for the
the Board of Regents shall also have and Pon i . 9262.12 t
Powers necessarSr and convenient for exercise all the
of its office and of the effective administration �f
the institution under its control.
In some areas, the municipality clearly does not have ju isdicl on
over the university. 9262.68 sets the speed limit onincti (tionyI grounds
controlled by the Board of Regents, and 8326269 gives them the power to
.
control traffic and parking on institutional grounds. 9103A,10(2).(a) makes
the state building cede applicable to all. buildings and structures owned
by the state or an agency of the state. The cases in which municipalities
have attempted to exert control over a University have primarily concerned a
city's atteapt to apply its building code and regulations to the constructi[
and maintenance of state universities and institutions. The courts dove
uniformily held that the Board of Regents is 'vested by the State ConStituticu�'i
with the general conduct and supervision of the State University and that; it j
must be free to perform a governmental function free of the control a#d
supervision by a municipality within whose corporate limits tile states agency i
must act. Board of Regents v City of Tete, 356 P.2d 399 (1960)-, Kemp
Institution for Education of Blind v. City of Louisville, 97 S;X. 402'(1906),
Section 19A.3(6), of the Code of Iowa, states that all employees with
the Universities are under State Merit System with the exceptin of al
presidents, deans, directors, teachers, professional and scientific.personnel!
,
and student employees who are under the jurisdiction of the State .Board of i,
Regents. The rules and regulations adopted by the Board may not be inconsis_i:
tent with the objectives of the Merit Employment Act and are subject Ip i,
approval of the Iowa Merit Employment Commission. If at any to th�.directoz�,
determines that the Board of Regents merit system does not c�gM th(wit'! the rob!
of the merit system he, subject to the approval m. the commission, shall have �'
authority to direct correction thereof and the rotes and regulations of the
board shall not be in coag�liance until the corrections are made. 919A.3(19).
As to employees who are under merit system at the University, there is., i.
apparent coexisting responsibility in the area of discriminatory practices
contained in Chapter 19A,State Merit System and Chapter GOIA,Civil Rights
Commission, Code of Iowa.
I
Chapter 601A states:
"601A.2(5) Definitions provide: 'Eaployer' means the
State of Iowa or any political subdivision, board,
commission, department, institution, or school district
thereof and every other person employing employees within
the state.
"6012A.5(2) Enumerating duties of the Civil Rights Cawdssion
provides: 'To receive, investigate and pass upon CaTplaints
alleging unfair or discriminatory practices.'
601A.7(1) In defining 'Unfair E<nplo
'It shall be an unfair or discriminatory
Practices' provides:
a. Person to refuse to hire, accept, register, lassiffor y,y
or refer for employment, to discharge any emoloyee, or to
otherwise discriminate into
emp yment against any applicant
for employment or any employee because of race, creed,
color, sex, national origin or religion of such applicant
or employee, unless based upon the nature. of the oceupa�
tion.' �'
"And 601,,5(9) provides: 'To cooperate, within the limits.
of any appropriations made for its operation, with other
agencies or organizations, both public and private, whose
Purposes are consistent with those of this chapter, and in
the planning and conducting of programs designed tp
eliminate racial, religious, cultural and inter -group
tensions.'
"Whereas, the Merit Act provides:
"19A.18 'No person shall be appointed or promoted to, or
demoted or discharged from, any position in the merit
system, or in any way favored or discriminated against
with respect to employment in the merit system because
of his political or religious.cpinions, or affiliations
or race or national origin or sex or age,'
"And, 19A.22: 'The provisions of this Chapter, including
but not limited to its provisions on employees and posi-
tions to which the merit system apply shall Prevail; over
any inconsistent provisions of the Code and subsequent
Acts unless such subsequent Acts provide a specific exengar
tion from the merit system."
Chapter 19A establishes the means by which the merit system May deal with
discriminatory practices in the covered agencies, First, the director may r
suspend, reduce or discharge an offending employee if there i "
Since discrimination within the merit system ispecifgcod Cause."
sically prohibited,
919,.18, Code Of Iowa, a finding of such illegal practice would certzunly j'
constitute good cause for the director to suspend, reduce or o�iischarre the
offending subordinate, Second, the director of the merit system may
It any other lawful acts," s19A.8(9), entirely at hisa
ovih discretion,
in furtherance of the broad purposes of Chapter 19A. Finally,, pursunt to
919A.20, the director of the merit system or anyone else, may file to int;
alleging criminal violation of the provisions of Chapter 19A and, in particu-
lar, 919A.18.
On December 19, 1972, Attorney General Richard Turner issued an Opinion
stating that it appears that the legislature intended the merit system in
have PrimZYy responsibility to
for eliminating discrimination within covered
departInts and provided the means for doing so. He stated that the erectlegiatui
also intended for Chapter 601, to apply to the state. 1141i.le the civil, rights
commission may function as a safety check on the eeplop t practices of the
merit system, its responsibility has been superseded, but not eliminated, by
the more recent expression of legislative intent, 919A.22. If an,instance of
discrimination should arise which is not acted upon from within the merit systei
however, that an aggri
the civil rights commission may prosecute the violation, This
eved employee could bis not to say,
his complaint with the civil rights commissiy-pass the merit system and lodge
on or being dissatisfied with haw
he fared in appeals to the appointing authority and the merit egploynent
commission present his case de novo to the civil rights, ccmmiss�;on. Tte latter;,
agency is not constituted to second guess ttie merit employment commission
at
to serve as a third level of appeal from the merit commission decisions;, Under
s19A.4 review of such decisioor
ns is obtained by way of certiorari decisions
the
district court,
i
0 i
The rules and regulations of the Board, of Regents are set out in the
Iowa Administrative Code with provisions for a hearing and axppeal. On,
.lune 15, 1970, Attorney General Richard Turner issued an Opinion stating that
the rules of the Board of Regents establish, informal and formal appellant
procedures providing for final appeal to the State Board of Regents in cases
of dismissal, suspension, demotion or an alleged act of discrimination.
While there have been no Iowa cases which define the parer of: the(Board
of Regents, other jurisdictions have held that the university has a unique
status as a constitutional corporation. Very substantial deference is,lto be
accorded the gove=ent authority of the regents by other state agencies and
the courts. Regents of University of Michigan v. Michigan �t.Relaticn
Conmission, 195 N.W.2d 875 (1972); Bailey v. University of Minnesota, '187
N.W.2d 702 (1971). Courts may not interfere with the board of regentsz of; a
state university in the proper exercise of its functions in governing the
affairs of the university. A case may arise where they have exceeded heir
authority, but any court action must be limited to a remedy of that particular
abuse. A court may not assume continuing jurisdiction over the authorized.
uses of the property, facilities and endewmants of the University and issue
orders related thereto from time to tore as may be appropriate. Bailey V.
University of Minnesota, supra, p. 704.
Principles of sovereignty require that a state or its agency performing a
governmental function be free of municipal control. McQuillin €115.31a,
Since a municipal government is but an agent of the state - not an independent
body - it can never have superior authority to the state over the latter,'s
own property, or in its control and management. Board of Regents v. City of
Tempe 356 P.2d 399, 404 (1960).
In City of Boulder v. Regents o£ the University of Colorado, 501 P.2d
123 (1972), the court held that a city, even though a home rule 'city, has, no
power to interfere with the management or supervision of the ac#vities�of
the University. If the City were allowed to impose duties on the University,,
such duties would necessarily interfere with the functions of the state
institution.
.I• .�1 a .,
ED_uCNC CENTS ¢c R 10 F. \tiAgV,�q�.y,y��n�iJ/�yIOWA CIN lava 52+aaa71435¢•7800
.
October 14, 1976
Terry Jackson and Patti r}onserud
1041 E. Burlington
Iotra City, IA 52240
Dear Terry and Patti:
Thanks for your letter to Mayor Neuhauser about the future of our
mini -parks.
The current plan for downtown development provides for the deyeloD-
ment of pedestrian -oriented green space, The same elements which
make the parks so appealing will be incorporated into the pedestrian
greenways so that they will, hopefully, fulfil
as the parks. l the same function
Please call me if you have any questions or if you would like to
see the proposed plans for the downtoum area.
Sincerely. yours,
/llBNNIS 6. SHOWALTEiR
/Director of Parks 6 Recreation
DES:ef
y � u •+� CINQCENTER, att7, c:lYAyy};O70N 'I
I��• 1.�„ s �t� rte/ Y�t'i� i`/' ��/ mwa szr:o �i
X aiaaeteco
Icva azr,
T•w„ utr
October 15, 1976
Dr. Adrian Hogben 1
910 Rider Street
owa City, Iowa 52240 _ {
d
.Dear Dr. Hogben:
This letter is in res orise to
1976 P Your c°rrespondence
regarding the tornado warnin dated sentembe_• 23„
that efforts were made in adv g siren. S Would
be installed o ante to like to assure you
Ort the %incoln school apprise you that a siren Mould ;.
appeared in PropertY. Several articles
their ne7Yspaners and local television
-r features on the sire, -u_ Also,' pir. S v -.r
home be stations carried -} '
Eore the siren was erected_ Mien he
Personally visited' your' is .
on vacation, he left his business c n he 7•ras told
Your return. arcl so You were gb e j
You could contact him, upon
i.
Saith respect: to your concern over the siren being hazardous to jrour
-- hearing, htr- Struve contacted the
._Your particular circ wren manufa°curer and reviewed
that the siren in mctances with them_ The mantrfact
question was correct? urer concurred J,
-,any inhabitants of your home an iY installed to avoid c J
siren has been Y Permauent hear%n causing
beam will be directedlover and 3cleart height so that
The
t the main sound.
itself revolves at 3.5 r, the top of your home_. Th
beam. This me P•m• and emits a very directional e Siren �
aas that the main sound beam will not be continually
:=directed over nal. sound _•+F
` directed in your home, but rather'it-will it only will he Your direction. luso, during testing, thete ttentlY • {;-
i.nclividually tested for only 30 seconds each, -sirens two tortes _
Of the siren's height, the revolving, the dire;
short duration of so The combination
and will cause a less thanchazarSound, and the
the sc,.:nd. ,
Posura to
In order to insure that these conditions
like to set up a test at cite°ns are, .in fact,'the
sound level readings would be dome_ Duringthe case, we F�uZ ii
taken- The Stateeltt:ing of the sirery,
agreed to assist us with the Hygienic is
would also like to test and evaluation oft eadings. has
have you and any other f o readings_ �qa
persons °,, your household take
Dr. Adrian Ilogben -2- October 16, 1976
i
audiograms. This would allow you and the City to establish present
hearing capabilities. If you then suspected a hearing loss in subsequenk
years, comparison of future audiograms would assist both of us in
diagnosing any suspected loss. The City would pay for the cost of
audiograms performed at this time. !
I would like to inform you that a test of the siren system will be
performed at 10:00 a.m. on Tuesday, Octobar 19, 1976, ,The system %s
now complete, and this test will determine if the contractor's word: is ;I
to be accepted. Future tests of the system will be held at the regular I
Civil Defense test time of 9:00 a.m. on the first Monday of each month.
II
We are certain that no hearing damage will be caused you or member
of your household, so we will proceed with the testing of the siren_ 4
Since we are not able to schedule the sound meter test at your homy;
on October 19, 1976, we would like to know from you soon if it would ..
be possible to arrange for a sound -meter test at 9:00 a.m., Monday,
November 1, 1976. Please contact tor. Struve about the sound meter
test and audiograms at your earliest convenience.
- I
-I
Sincerely,
Neal G. Berlin -
City Manager -
NGB:bac
cc: Tom Struve �.
City Council 4 <
.�I
COMMC CC
CIVIC CENTER 410E WA$MINGTOpj SL
I
r I0VA CITY, ICWAS2240
• 31$354.1800
IOY4\,CITY, ICWA•
} W * LD t
October 11, 1976
Ms. S. Winifred Morgan
115 North Gilbert
Iowa City, Iowa 52240
Dear Ms. Morgan:
i
Mary Neuhauser has referred your letter concerning the traffic
problems at Jefferson and Gilbert to Public Works.
scheduled for traffic signals in the Su
We are pleased to report to you that this intersection is
mmer of 1977. We will be
using 70% Federal money and 30% local money.
e
reay
�
rd 1�
Director sono
Public Works
RJP:bz
cc: City Manager
City Council
City Clerk
f�
• PALS PROGRAM
Quarterly Report
October 1, 1976
NUMBER OF MA
f r ie r . . `t T,. t, f
Bis matched with male volunteers
1-21-76
7-1-76
10-4-76
19
35
3:3
Boys matched with female volunteers
Volunteer withdrew
3
4
Girls matched with female volunteers
8
20
26
Matches currently awaiting introductions
4
TOTALS
2
TOTALS
27
60
65
Average length of currently existing matches is nine months.
TERMINATIONS
Child Moved
1st F 2nd
Darters
Current
Quarter
2
1
Volunteer Moved
3
5
Volunteer withdrew
4
2
Parent Re -married
3
2
Inappropriate Match
1
4
TOTALS
13
10
Average length of matches terminated this quarter was 4.8 months.
WAITING LIST OCTOBER 1
TOTALS
AGE
# OF BOYS
# OF GIRLS
6
1
1
7
6
8
1
9
3
3
10
4
11
4
12
1
13
1
14
2
22
5
There are also three girls and eight boys awaiting interviews and considerations for
acceptance.
March.
SERVICES THIS QUER
1
There have been four two session orientations for volunteers. Attendance,
over the summer was very low with women out numbering men three to one, j
There was one meeting for matched volunteers this
active volunteers in attendance, quarter with GSq of
i
A pot luck was held for parents, children and board members with thirty
people in attendance.
The coordinator attended a 3 day Big Brother Agencies Conference in
Wisconsin.
The Board of Directors is meeting regularly on the last Wednesday of each
month.
Board committees have been established for publicity and recruitm
finance and activity programming. ent,
Stronger emphasis is being put on serving children from single parent
families. Children from two parent families may be a1ccepted only upon special
consideration and approval by the Board of Directors.
I
0
a
ME City of Iowa City
MORAIVDuX1/1
TO:DATE: Octobeh 110 1976
NeaQ BenCi.n, City
�^^�J ��R11Rgelr,
FROM: Robeht P,)
Keating, FiJee Chie6.c%%�/�
RE: Septembeh 1976 - d{on,t4ty Repoht
SEPTEMBER ACTIVITY
The Iowa ez tC ing the motitlz oAuponded ,to a .totme o6 54
emehgenei.ea d
owaingQe 6�t QOaa 06 $270000.006occ ied�c� aThe t',tgo a
uae 6e at 320 TaS# SpeeY. 6
6dke waa town at �e6 the 6i4e eweed. The o Ohig o6 the
ehe out
y eheo and hadi.o equipment.
equipAnOthment,
d, Wa4 tea goat, .that o6 up q.tadGnq Suce 6.ightcng.
eq ewput, waa beached cuher1 eowseif approved puhchaae o6
a nein pumpeh.
Appt.canta wehe .i.n-ten.viewed dulting the. paat month to 6i CC
a vacancy within .the depa&t�nen.t. A aeeecti.on taW be
made .in .the neap Satuhe.
On Sep.tembeA 21 an examination was had Sot the poaition
06 Fute Mahaha2,
The State le Mahahat.,a 066ice conducted a ,thaee-day
e2at Center F e Station. The eCaya
andada phoved.to be, very bene6.ieiae. wad weZC attended
FUTURE ACTIVITY
FLU Phevention P-tog4aWcu U be conducted du4ing Fine
Pheventtion weep OctObeh 3 .thhough 9. pemonatv�ationa and
-taeka have been Scheduted Soh aeQ schoft
s.
Ile 6o col oS aCZ pahochiaC and pubCic echooQa �uiZe be
Ile So4tatuing Ferre Phevention week.
In-Sehviee thi4d quaateh Ina e
Hope6�y we WLU be abCe toinSpect aora wie niverta
continue.
bu edinga by .the end OS .the up -coma gmon thity
MONTIILV REPORT'
FIRE DEPARTIIENT howi4 OF S_ �MBER
FIRE DEPARTMENT ACTIVITIES Tills MONTF!
THIS MR TO DATE LAST" YEAR TO; DATE
FIRE ALARILS
ITti'S7`I1C-l7L*TIII'Pl:cIITOIT----F 2--T---- 23;? 16&
EN
EMERGENCIES
55
43 li
7
54
449'
TIONS�
376
1402
0
10 is I
CLASSIFICATION NO. TNIS —"
F FIRE ALARd1S MONTH LOSS THIS MONTH VALUATION LOSS Tills YEAR
0 ll' 0
USE OF EQIIIPMENT THIS MONTff THIS YEAR Tf1IS ¢10NTIf THIS
mr_ 6r AT FIRES AT FIRES AT DRILLS �r n
0
LAST
0
Firee in Buildings
..UMuer
10
list Ia>`
lies
$59,049.00
Fires in Motor Vehicles
8
11
5,227.257'
4B
Fires in Rubbish
Other Fires Outdoors
1
.00
29
7
.00
51
Malicious hlse Alamo
Other False Alarss
7
.va
36
6
.00�
•12
Apartments
i
00
22
Dwellings
••�•.
4
3
38, 000.00
33
Hotels - Motels
0
-- �---
.00
0
Other Residential
2
21,000.00
14
Institutions
---
3
49.00
8
Schools — Colleges
0
"--
.oa
2
Public Assembly
p
.�
.00
3
Stores — Offioes
.00
16
Manufacturing
p
-o•••
.00
2
Storage
0
00
2
Misoellansous
0
.00
5
DA" SEPTEMBER
TOTA1 TO DATE
ber lot Loss
0 X35$,230.11
?7:,747.65
00
1!,1525, oo
.00
00
/1,09.00
83,:424.11
.00
22,533.00
20,2;70.00
200, 105.00
.00
13,354.00'
2$4.00
21,50..00
C
TRAINING REPORT •
Shift #1
No.
of Hours
231
--
No.,
of Drilla
37
Shift #2
No.
_
of Hours
236
--
--
No.
of Drills
44
Shift #3
No.
of Hours
246
No,
of Drilla
46
TOTAL NO.
OF HOURS
717
--
TOTAL N0.
DRILLS—^
127
NQUIPI-TII4T AT DRILLS
4" flose
600—
Truck #354
10
3" Hose
600
Car # 350
11
2.11 Hose
700
Truck #361
3
1,P Hose
800
-------------
Truck #362
12
Ft. of Booster
300
Truck ;363
5
1 t. of Ladders
72
Truck 1'6364
7
Times Pump Used
18
Truck #365
6
Nozzle Lines
18
Truck At366
14
Other Minor Equipment
Truck #367
9
—
van #369
9
The Thain.ing Ob6icea. and FiAe Department 066icm conducted 127 VA" duAiIng the month.
The 64ne6ig enA heeeived a totat 06 717 mart howtz 06 .inztrutction.
Owe appn,entceedhip pnogum had been moving atong
committee membehA. vehrl weWith the co-openatian a6 our.
One o6 ouh t2 eommWee membea6 SeeAe>ta y Nate Hopkins had an ezcettent
arc icZe pubti,6hed in .the "Iowa P,%o6es6ionae FiteWh-ta' magazine, on ouh .taro. nWptiognam
Thaini.ng 066icen was .invotved .in 6ocut 6d4e negotiating meetings on the 6,�Aebighteu contAa
Attie .inspected and signed eehti6ieation 60h 3 day -cake eenten6.
InApeeted and gave app4ovae 601t gas undehgnound storage ,tank. At6o .inspected three;Aentat
units with code en6oncement peneonne.t.
Some o6 .the va4iouz dVtt6 that .the 6ine6igh w pe260runed -this month were pump opeUon
appautus 6am4 artizatton, 6matt tooth, geneutort, chain Aacv, use o6 and evaZutiona tuith
4" hose, use 06 porttabte diAe extingu,isheh.
Aezo had
OAtuni
the
FaiA6ietdFbtepDept. Chi.e6 Stade 6AOm C0402vitterand Lieut�BodeS62om .thheat. the2Cedah apicis
FiAe Dept. wen.e at6o on .this t4aining prtog,%atn•
Ting 066icen acted in .the absence o6 .the fifne Chie6 white he was attendZag the,
Intennationae Fi,%e Ch,ie6's Con6eAenee.
4wre;ice H. Kinney
Tza;ining 'Officsi
• 0
ft Iowa city transit
MONTHLY REPORT
For: September, 1976
Date;
10-11-76
Present
Previous
7
Passengers:
Mo- t3M
Year
Year to
Gh � Date
Previous
Vehicle
156"7bg
Years
n
Ch__ anKe
_
Miles:
42 440
38,581
Passengers
lOg 410,130
348,508
per Mile:
2.9
3.4
_--
j
2.5
2.8
PRO'S -
SEP EMBER
1• September 1 was
with free rides the fifth anniversary of the
for the day, 7691 people used system and was celebrated
2
P the sysbpm on that day.
• 775 monthly passes were sold versus 254 for August.
3. The promotional programof
8 underway.
1 I:
1. Transit Superintendent will attend annual meeting of American
Public
Transit Association.
2• preliminary work on the FY78 budget will begin.
3. Several routes will be overloaded as the weather turns cool.
tow"'Oty
0
HUMAN RELATIONS DEPARTMENT
MONTHLY REPORT
August - September, 1976
October 13, 1976
Placement Activities
Persons hired
Persons
0
1 Senior Clerk -Typist
2 Redevelopment Spec,(PT)
1
r
- Palice.Aepartprent
Accountant
2 Account Clerks
_ Community
y Deve.lo,
- Finance.
1 Clerk -Typist -
Finance
1 Librarian II(PT) -
1 Therapeutic Dec -
Finance
Library
1 Rotating Radio Dis.pec, -
1 Clerk-Typist(pl) Patcher-Police
Parks & :Rec,
Depa:r•tment
1 Equipment Superintendent-
1 Civil Engineer
Police Department
Public Works;
1 Asst.Supt./pollution Contrpubl�q Work,
2 MW I Solid Waste Public Works
9 Bus Drivers(PT) -
-
Public Works
terminated: ransilt
1 Assistant Planner
1 Finance Dept. Director
1 Keypunch Operator
1 Firefighter
1 MW I Custodial
1 Police Officer
1 Radio Dispatcher
1 Engineering Technician
1 MW I Solid Waste
1 Parking Enforcement Att
Persons reclassified or Promoted:
Community Developme
Finance
Finance
Fire
- Parks & Rec.
- Police De.partgient
- Palice.Aepartprent
- Public
Works
- Public
Norks
- Finance
1 Animal Control Officer - Police
2 BusmDrivers time to perm, part time)
(temp.- Transit
1 Redevelopment S Perm. Part time)
1B1 pecialist t
ock Grant) o Progran. Cooroinator
! Redevelopment S - Community Deve :o
ment
(Redevelopment)PeC7alist to Program Coordtinator
Technical Assistant to Community Devel'p m
A
ssistant Planner(PT) R ent
Clerk -Typist to Keypunch- Community Development
Operator
Clerk -Typist reclassified Finance
as Senior Clerk -Typist - Community Development.
Librarian II
(Perm. full time to - Library
Library Clerk Pe1'm 3/4 time)
(perm. full time to - Library
Senior Clerk-Typerm. 3/4 time)
to Clerk -T t/RecQAdmiinistrat;ion
yPist/Records p
- olice DepZrtmegt;
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 2
Temporary employees hired:
2 Clerk -Typists
1 Intern(PT)
- Administration
1 Director
- Administration
1 Planning Technician
1 Planning Technician(PT)
- City Spirit
- Community DevelopmenEj
1 Clerk -Typist
- Communil;y Devo oilmen°I
2 Library Aide(PT)
- Finance
- Library
1 Director
22 Mayor's Youth
- Mayor's Youth
1 Receptionist/Rec. PT
1
Recreation Superviso)(PT)-parks &Rec.
27 Recreation Leaders(PT) Parks 'Rec.
4 Recreation Aides(PT)
- &
- Parks & Rec.
5 Instructors(PT)
2 Swimming Pool Managers(PT)-Parks
- Parks & Rec.
&
7 Lifeguards(PT)
1 Sports Official(PT)
Rec.
- Parks & Rec.
1 Park Security(PT)
- Parks & Rec,
- Parks & Rec.
2 Laborers/Parks
I Laborer(PT)/Parks
- Parks & Rec,
1 Clerk -Typist
- Parks & Rec,
- Police
2 Crossing Guards(Pl')
- Police
1 Sub.Crossing Guard(PT)
- Police
I Engineering Technician(PT)Public Works
.1 Laboratory Technician(PT)-Public
Works i
3 MW I Solid Waste
I MW II Water
- Public Works
- Public Works
Temporary employees terminated:
1 Clerk -Typist - Administration
1 Editor and Research Asst. -City Spirit Project,
1 Clerk -Typist -
1
Finance
Library Aide(PT) -
Library
3 Laborers/Cemetery(PT) -
2
Parks Rec.
Crossing Guards(PT) -
Police
2 Sub.Crossing Guards(PT) -
Poli.ce
3 Engineering Technicians -
2 Summer employees(PT)/
Public Works
Pollution Control -
1 MW I Solid Waste
Public Works
-
2 MW I Solid Waste(PT) -
Public Woriks
Public Wot`ksI !
Summer ee/Water Publi Works
2 Summer employees/Water(PT)Public Works, i
Temporary employees reclassified:
1 Crossing guard reinstated -Police
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 3
Civil Rights Complaint_ Activities
0
Formal complaints: 5 (1 Race/Public Accommodations;,
1 Sex/Public Accommodations;.
Informal complaints: 36 (14eHousing; 20 Emplommentment)
2 Public Accommodations
Cases closed: 2 (1 No probable cause - Sex/Public AccomT,odatiot
1 Administratively closed - Race/Public
Complaints in conciliation:4Accommodations) Race/Employment;
Complaints in litigation: 2 3 Sex/Employment)
We
Requests for information: 30
Westinghouse
Progress on Objectives
Personnel
Objectives: 1.
Continued evaluation of openings as they occur.
Reviewed relationship between rehabilitation
specialists and building inspectors. Also
reviewed job description for buyer.
Completed negotiations on numerous items with
AFSCME after mediation.
2. To_develop a system for erformance
and rol an adeem or lob descrip
eaci emp o—T yee in administerino a me
We are developing a reminder system for perform-
ance reviews from the budget worksheets wh,
will be operational by the first of the yeiich
ar,
Civil Rights
Objectives: 1. To establish revised equal opportunity time tables
an em,p oymen proce.ures or women, minorities.
This objective was completed on September 27 when
the revised plan was submitted to the City' Council.
0
.J
HUMAN RELATIONS DEPARTMENT MONTHLY REPORT
Page 4
Civil 1_ Rights (continued)
2.
workable
am
tr
We are developing a format for Urban Renewal
Civil Rights compliance in connection with the
Redevelopment Department.
We participated in an HCDA
Rights compliance seminar
better support services to
this compliance effort.
Collective Bargaining
Objectives: I. To
t
- Block Grant Civil
in order to provide
the departments in
mi
Contract negotiations for a two year agreement
were completed and ratified by the City Council
on August 27.
Negotiating sessions were held on August 2-3
with PERB officials mediating. Tentative ag,ree,-
ment was reached August 3 at 2;00 A.M.
To administer current contracts in a consistent
manner.
AFSCME: Grievance Committee meeting on September 29.
No formal consideration of grievances as per new
contract.
After being unsuccessful in the grievance pro-
cedure and during contract negotiations, the
equipment mechanics tried another method to
induce additional compensation, and refused
to 10.
bring their tools to work on Friday,
Each of the persons affected was suspended for
five days. A total of ten grievances were filed
out of the situation and have progressed through
Step 3.
FIRE: No new grievances filed. Negotiating
sessions were held on September 3, 15 23, , and
Report toaCityetings Councilere washeld twice September 20th.
tiating
forlwagesNonlyiwereces heldiondAugustoo
11, September3s
16, and 24th.
suppleOnt #1 to
ICMA newsletter
nuts & bolts
management informatlork for your organizatlon
DON T WRITE Getting a community to understand the problems of majiltaln.im
BACK, services in the face of ever -Increasing costs can be, one of
SEND MONEY manager's hardest )obs. Frank -Faison, cit
Fla., tried sending a "personal form letter" 'to
to leaderOf
o-F"
Pensai
Pnsacola's industrial and business community-
its attachments discussed the cit ' The fetter ar
lights of the budget situation, The financial status and hig
and Mr. Faison has decided to do the Same othi was via succes
details, contact Mr. Faison at P.p, Box 12910,, this jf a,.Pla
THE SNOWPLOW The city of Ankenv
COMETH .guard which is �� iowa (POP' 9,000) has devised a snowplow 4
snowplow mounted on the lower right-hand corner;of the
P (next to the curb). It. consists of a4: easily.: install
Polyethylene wheel mounted in a retractable frameThee guard
as a guide for the driver and is extremely effective .ellmin
curb breaks and chips. Each curbquard costs $ji0III
Information, contact City , For further
Ankeny, Iowa 50021, Manager Dave Dirks, r{',08 S.W. Third S
WHAT'S YOUR The city of Glendale Ariz., has grown rapidly In popua'ation (E
LINE increase in five years and has also grown to Ii50 employees,
searching for new ways to communicate with inI as
staff, Cl
Manager
OpenVan Line."
Putte started a Pilot, caller! "City
He Office with adirect dial numbe'lfored ausepb recording device,i'n
5:30 P.M. and 9:30 p.m, dally. The tae y city &nPiOYees betw,
Every
messages each night. Anonymous messagesnarenokaydle uPfkdes(red
Every morning, all messages are typed and .given to the, manager i
review. For further information on, the program
Vanacour, Assistant City Manager, Cit of Gland c4 702Z Martin
Drive, P-0- Box 1556, Glendale, ,4riz. 8531:1.
WELCOME
7022: North 5
WELCOME Iowa Cit Iowa, has an unusual arrangement with !its, local unive
-STUDENTS—'j "�IIn-
g_ t re PRou�ss att
provides staff at one of the tab! I'as � t lawe,--ther-c
and volunteers from the various boards and commisginspectors
to answer questionspolice'
provide information and ps,sibiatare avails
transit system, recreation and human relations ng to the
library, city parking regulations and the hWslnrogram, pets, the
the city gets complaints from students about housing def[diencies
This effort in addit
gives students a chance to get to knowi the ccq
the university simultaneously. And they know the cit
them on the same b mnunity
alis as the regular citizens, y Puns to s
contact Neal G. Berlin, City Manager, Cit of i F. more ,informal
410 E. Washington Street, Iowa Cit y owa.City, Civic Cel
Y, Iowa 52240.
(more)
>af lal
city
woonwt
aeoaW6n
IN
C
0
UNIQUE REALTY
ONTFERIN '
FU, MICH16AN
The City of Flint Is seeking a responsible rede•
veloper to undertake the constructgon of 54tl
housing units and related commrrclal; uses on a
42 acre site In Central Flint. Statements of
interest are invited from firms qualified in and
capable of developing under renewal solicitation
conditions. Statements of Interest must be re-
ceived by October 18, 1976 and should be sent to
Mn Edward Haggett, Director of the Department
of Community Development, lull S. Saginaw
Street, Flint, M1 49M. (30) 766iU136,
' ' ' ' • t.ung•term mortpge iwmmitmunt available
.... , alto Minced In "conntructlat•ready^ state
• • • • • All pub"
reads proc/prtvate utlhtten (InehMln` "Ata) and
• • • • ��epen place and reereaeon areas puberty
..... 0" -site education/community comp,,, provided
..... Terms of Ynd offering noxible
Ihis is a Zucholli. project. Note teens listed.
Twenty-two letters of response have been received.
AF.
• 0
A QUAD -CITY TIMES Sunday, Oct. it,1f7{
Davenport-Bettendorf, Iowa
�cott
,
Assessor Ranked No. 1
DES MOINES — The
it County assessor's off -
,ice is the best in the state,
Uccording to a ranking dc-
%ved from Iowa Depart.
Fnient of Revenue records
The ranking, compiled
:by Steven Gold, an asso.
iclale professor of econam.
*s at Drake University, al-
to awards second and third
r
Places to assessors for Io
wa City and Johnson Coun.
ty, respectively.
Cold said the state's 118
assessors (one for each
county and 19 separate as-
sessors In each of the larg-
est cities) were ranked ac-
cording to residential
property ~ales -assessment
accuracy and to the degree
of blas toward low. or
high -valued homes.
The Scott County asses-
sor's office, asses-
h(!
by
Robert Wiese, ranked, first
on the accuracy test, third
on the bias test and first
overall, Gold said.
On the average, the sell.
Ing price of a home in
Scott County (except Dav-
enport, which has its own
assessor) was within 9 per
cent of its assessed value.
"Nationally, 10 per cent
is considered the standard
of excellence," Cold said,
noting no other assessor in
the state approached the 10
per centlhreshho)d.
Ringgold County ranked
lowest with or average
sales -assessment deviation
of 87 percent.
The Davenport assessor
Office was ranked 39th In
the state, with an average
deviation of 19 per cent.
The average deviation
statewide is 23 per cent, he
said.
Gold said the figures
show "an enormous varla.
tion In the quality of asses.
sors. At most, only the top
31 of the state's 118 asses.
sors are doing a quality
job."
lie also concluded that:
— Assessments lead to
be more accurate In urban
areas compared to rural
areas.
— In every assessment
area except one (Cherokee
County), there Is a tenden.
cy to, over -value low -valued
property.
— City assessors dW a
better job than county ,os-
sessors in 11 of the. 19
counties where there ore
both. The Scott County -
Davenport comparison is
the obvious exception.
Gold said,
"In general, howevi;r,
this flies in the face of the
recommendation of the to.
Cal
assess6m, he said
Coit, said he wT
ize ;Cis report
preseit{ it ti) the h
He ,'said the sc
having; better ass
is either a state
or 6p: autotoatic
irotn office of tho
sors,:who fail to no
muni standards
given amount, 0.1111
Tisk
it city,
I and
rnial;
deuce
i". to;
MINUTES OF STAFF MEETING
October 5, 1976
Agenda items were reviewed:
The Director of Parks and Recreation was requested to furnish a
periodic status report on Parks and Recreation HCDA projects.
Councilman Vevera asked about the ownership of the property at Cal}
Court and Emerald Street. The Director of Parks and Recreation advised
that Nis. Hauber has checked into this matter.
The Director of Community Development was requested to follow
inspections of single family residences.
u>p on the
The Director of Public Works was requested to furnish info
Scott Boulevard :incl
owns and what uding a map showing the land the Ci
land we would have to acquire to have 100 ern�ation,on
c renitly
h.
A reminder to the Legal Staff to furnish information regardin .,
liability when inspecting property.
g the City's
The Director of Community Development was requested to check wit T'
Kucharzak to make certain he contacts the assessor to determine the
effect of rehabilitation on taxes. h hke
The Manager expressed concern regarding the publicity about
the rehaailitat
Program. A simple plan should be devised to disseminate this info
A group .from Kirkwood Street attended the Cit nnatxon
that semi -truck traffic be removed from Kirkwood. Tin meetin
Legal Staff was asked to inform the Cit N Tony eetinir of ung
cover this in the new model traffic City Manager as to the the
Provisions; Zvhich
The City Council voted to fund the Iowa City -Johnson County Arts Council
$50 per month from the time the City Spirit grant expires to J'
Councilperson deProsse has information on bike sa£et
Y and pedestrian use
µme 1977
program. She will contact Jim Brachtel
The Director of Community regarding this muter.
Development was requested to learn what, is
going on in the housing rehabilitation program in Waterloo.
171c Council discussed the alley behind Seifferts.
following up on this matter. The City Attgrney is
John Balmer will be absent from the City on October 19.
The model traffic ordinance will be discussed at the October 18 i .
session. The Director of Public Works is to prepare a memorandunn giving
differences between old and new ordinance, informal
The refund to Constance Merker was tabled until the October 12 meeting.
Pending litigation should be added to the in agenda within the.
month,
next
fi s60
The Director of Public Works is to inform the Council the number of
accessible units of apartments that have been built since the law went
into effect in 1975.
Two members of the Legal Staff are now attending the Planning ;and Zoning
Commission meetings. After the initial period of a month, the staff will,
trade off, each attending for a three-month period.
The Director of Community Development and City Manager are to meet today
to discuss the tree planting ordinance to discuss some of the items which
came up at the Council meeting.
The City Manager's office will prepare a letter to the Mayor of Coraly lle
and a letter to the Johnson County Board of Supervisors for the Mayor's
signature asking for recommendations for appointments to the Riverfront
Commission.
The Director of Public Works was requested. to prepare a memorandum
regarding the Scott Boulevard sewer as related to rezoning. Community
Development is to work with Public Works to prepare this information.
I
The department heads were encouraged to utilize additional Mayor's Youth ertployees,.
The City Clerk and Personnel Specialist advised that they could use a helper 11
for general office work.
The City Manager distributed draft material on evaluations for the manager,, it
department heads and division heads. The staff was instructed to review this
material and furnish any suggestions for changes. They were asked to consider
if anything should be omitted, does the material make 'sense, and is the form
univeral in that it can be used for the various employees as indicated,
The use of an evaluation form for the City Council was also discussed. It.,was
suggested that staff members would each evaluate the Council and forward this
evaluation to the Manager who would in turn prepare a composite evouatiom.,
This is the same method which the Council would use in evaluating the Manager, �
with the Mayor preparing the composite.
A memorandum which will be sent to all employees, subject: Titizejl Request for
Service," was distributed to the department heads along with a policy for 4andling,
requests and complaints and a copy of a follow-up questionnaire. The stafJ'was
requested to review this material and furnish comments.
PA
.116121r 5 t OLF U:)
CI -1 Y CLERK
To Plr, 13ea1 Berlin, Cl t1 Zia ger and
Members of the (,iti Council
aefereuce: !, raLi„n of toinado siren on .,incoln, School playground
r-ln sen n the Cit,; "A”a cop` rf h10 lette-
Since lir. ��� -
to or. liuttb.•„ of ct 15th. it Sremn appropriate to nl'rass our
a:; to the 1711•• MonmFer.
reply to the +'�ouril as wcl -
:nfo.,,ration, we ^Ochs,: : r,,•, or a letter we lin.
i'or )'Olt locnLion of
written to the 7oo-:a (lily school beard. .'.aecrib�ilo location
the siren relative. to our home and an alternate locatinn which was,
and is, available on the school plavgroun,1.
`.le welt.n,:;e "r. Berlin's offer to make a direct test of the
:.nun, Level -n or hume when the siren is on operation, 0owever,
'.iris is in,,cod y sophisticated field and it
may require a perst,,. aP
brcatet cr_,,r+-nate than his letter proposed. ye are sure that we
and the :'it; c -a reach a mutuall; satlufartnrr choice of an e_:pert
c,aauct the LesLs. Both of us shall arrange to have nudiog;ans
`obtained in a'vance, in the U. of I. Department of +liclar;nguingy
all male_ same arrangements ter our ,iau;^.liter: waEn the'"
• ;"mo f✓ry .ol lege.
0,1t tl,e Cit" provide assuraL.ce [,+ us, iq the uaf.ortu„ate
-!.at my %,arinB d: ave Shoul+i OcCur, that the City would oe
amu ,', to proviue full coe,pensation. our concern is not
only inr nor family but also for others Ko will occuhylt u_ house
nce, a ptcysictau and hit-
when
irwhen we .,r,� a ay. Next summer, for insl:a
lee ,.r ;inti r, :illlam scan, will he rertlnP our home.
VL ask also Lhat the City provide us with t••_ ratad ouLput •i the
siren in decibels at lUO it. when it is Operating at naxiauta iuLenrity:
'in comment ,,n the remaining joints raised in Mr. ierlinis Letter.
hr. Stru.e made no attempt to contact us this summer in Maine (where
or. HOghu: does research at a marine biological laboratu,•l althorn -A
our sumscr Lena.;ts of ferea our ad.lress and telephone no '
all who ..^..,u;,hc- �n reach us•
We thiol -no inquiry to t e „i+:i” LOlfcnse
Agenth as L^ `a "t>' standards !^r siren 10catie'n would '-.ave >tiee^ "re
apprnprla,..- u,.
Ont. to the mauutacturer involved, whose re�7v 30-a
min,hL expect t he self-servLn,
t. e hon; ,r a r^uturt 1 V .at ; ;Factory resolution of this r1<tter.
Adrian odren D. Anne ROOM
cc: Johnson Coun _ r- ", 1 oby T icector
7
910 Rider St.
I OCT 1 9
tJ
r) ) __
Iowa City,
18 October,
Iowa
1976
.116121r 5 t OLF U:)
CI -1 Y CLERK
To Plr, 13ea1 Berlin, Cl t1 Zia ger and
Members of the (,iti Council
aefereuce: !, raLi„n of toinado siren on .,incoln, School playground
r-ln sen n the Cit,; "A”a cop` rf h10 lette-
Since lir. ��� -
to or. liuttb.•„ of ct 15th. it Sremn appropriate to nl'rass our
a:; to the 1711•• MonmFer.
reply to the +'�ouril as wcl -
:nfo.,,ration, we ^Ochs,: : r,,•, or a letter we lin.
i'or )'Olt locnLion of
written to the 7oo-:a (lily school beard. .'.aecrib�ilo location
the siren relative. to our home and an alternate locatinn which was,
and is, available on the school plavgroun,1.
`.le welt.n,:;e "r. Berlin's offer to make a direct test of the
:.nun, Level -n or hume when the siren is on operation, 0owever,
'.iris is in,,cod y sophisticated field and it
may require a perst,,. aP
brcatet cr_,,r+-nate than his letter proposed. ye are sure that we
and the :'it; c -a reach a mutuall; satlufartnrr choice of an e_:pert
c,aauct the LesLs. Both of us shall arrange to have nudiog;ans
`obtained in a'vance, in the U. of I. Department of +liclar;nguingy
all male_ same arrangements ter our ,iau;^.liter: waEn the'"
• ;"mo f✓ry .ol lege.
0,1t tl,e Cit" provide assuraL.ce [,+ us, iq the uaf.ortu„ate
-!.at my %,arinB d: ave Shoul+i OcCur, that the City would oe
amu ,', to proviue full coe,pensation. our concern is not
only inr nor family but also for others Ko will occuhylt u_ house
nce, a ptcysictau and hit-
when
irwhen we .,r,� a ay. Next summer, for insl:a
lee ,.r ;inti r, :illlam scan, will he rertlnP our home.
VL ask also Lhat the City provide us with t••_ ratad ouLput •i the
siren in decibels at lUO it. when it is Operating at naxiauta iuLenrity:
'in comment ,,n the remaining joints raised in Mr. ierlinis Letter.
hr. Stru.e made no attempt to contact us this summer in Maine (where
or. HOghu: does research at a marine biological laboratu,•l althorn -A
our sumscr Lena.;ts of ferea our ad.lress and telephone no '
all who ..^..,u;,hc- �n reach us•
We thiol -no inquiry to t e „i+:i” LOlfcnse
Agenth as L^ `a "t>' standards !^r siren 10catie'n would '-.ave >tiee^ "re
apprnprla,..- u,.
Ont. to the mauutacturer involved, whose re�7v 30-a
min,hL expect t he self-servLn,
t. e hon; ,r a r^uturt 1 V .at ; ;Factory resolution of this r1<tter.
Adrian odren D. Anne ROOM
cc: Johnson Coun _ r- ", 1 oby T icector
910 R3aer St.
Iowa City, Iawa
18 October, 1976
To: Board of Education, Iowa City Community School District
At the suggestion of one of your members, we are writing to.
object to the present location of the Civil Defense tornado siren
in the southeast corner of Lincoln School. playground, very close
to our home.
We were shocked, upon our return to Iowa City in mid --September,
to find a siren installed only about 30 feet from our home. The siren
is some 70 feet from the second closest house, 919 Rider, and about
75 feet from 923 Rider. It appears totally unnecessary for the siren
to have been placed closer to aU house than 70 feet. If location in ,)
a corner was desirable from the school': mint of view, the southurest
corner (Cider St. at Teeters Ct.) could have been used. •I:n that
location the siren would have been more than 70 feet from -the nearest
dwelling, 80 or more from the next closest and over 100 feet from
any other house in the vicinity (and farther from the school building
than it is in its present location.)
I
._Iadeed, it appears that none of the other 9 sirens in the tornadq�
warning system is closer than 70 feet to any dwelling.
This is not a trivial matter. There is a danger of hearing loss
as well as the impropriety of subjecting one: household unnecessarily
to so much greater intensity of sound than any other duriry the
—�
monthly testing periods.
Can you help us!
Yours sincerely,
L,� 0,,
Adrian Hogben 11. D. Anne Hogbenn t
cc: City Manager
Johnson County Civil Defense Director
city of •
;4�'i i l•.� o
DATE: October 18, 1976
TO: Neal Berlin, City Manager
FROM: Julie Vann, CDBG Program Coordinator �-4 U
RE: CCN upcoming WSUI radio shows
The Committee on Community Needs recognizes its duty to channel information about
ongoing CDBG projects to the general public. We are about to begin the'third year
HCDA-CDBG application process and budget review. It seems appropriate to explain
ongoing programs to the general public before asking; for additional ideas. The
following radio broadcasts will be aired on WSUI for the next four weeks.
6:45 p.m. Oct. 19 "Summary of CDBG and Citizen Participation"
Moderator: Julie Vann
Guest Speakers: Minnette Doderer, State Senate
Tony Thomas, HUD (Washington, D.C.)
CCN Member: Ira Bolnick
(arranged and organized by Bill Dennis)
6:45 p.m. Oct. 26 "Discussion of Park Projects and Architectural Barrier
Removal Program"
Moderator: Julie Vann
CCN Members: Sharon Bonney
Flo Stockman
6:45 p.m. Nov. 2 "Discussion of Ralston Creek Improvement-Plans"�
Possible participants: Dick P.lastino
Ed Frinton ; is
Roxie Haldeman '
6:45 P.M. _ Nov. 9 "Discussion of Housing Rehab Program"
Possible participants:, Julie Vann ' .
Mike Kucharzak
JV./ssw .
0
■I
IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY
COURT -CREST, 1-1C.,
Plaintiff, ) No. It �yP3
;,
v ) :F, -
PETITION -
CITY OF I0:•7A CIT'Z, IOWA, )
A Municipal Corporation,
Defendant. ) -
.c:
7
Plaintiff states-
I. That Plaintiff is a corporation duly incorporated
under the laws of the State of Iowa.
2. That Defendant is a municipal, corporation existing
under the laws of the State of Iowa and is located in Johnson
County, Iowa.
3. That Plaintiff is the owner of the following de -
sbribed real estate, situated in Johnson County, Iowa to -wit..
Deginning at a point on the center line of U -S.
highway 'Wo- 1808.4 feet east of the southwest
corner of the northwest quarter of Section 13,
Township 79 North, Range 6 West of the 5th P.tM.;
thence continuing east along the center line of,
said highway 412.7 feet to the place of beginning,
thence north 0046' East 233 feet; thence east 325:_
feet; thence north 397.24 feet; thence north 890
50' West 537.7 feet; thence south tothe center of
Highway =6, being the south line of the northdest
quarter of Section 13, Township 79- North, Range 6
West of the 5th P.M.; thence East 412.7 feet to the
place of beginning, except the following described
tract to--wit-
From the point of beginning, thence north. 0046' East
233 feet; thence east 125 feet; thence north 397.24
feet; thence west 250 feet; thence south 290.24•feet,;
thence southeasterly 130.80 feet -to a point that'iies
50 feet west and 233 feet north o:� the ooint of
beginning; thence south 233 feet to the center lime
of U.S_ Highway r6; thence east 50 feet to the point
of beginning.
4. That Defendant, acting through its city councils,
has in force and effect an ordinance which controls and re-
gulates Plaintiff's real estate above-described, which ordi.neace;
presently classifies Plaintiff's real estate as R-2, tiro fatily
residence district.
I
C
E
12 -
5. That on June 21, 1976, Plaintiff petitio.^.ed the
Defendant to re -zone the above-described. real estate to
R3A, Multiple Family zone, which petition was denied.
G. Defendant's refusal to re -zone Plaintiff's property
from R2 to R3A:
(a) is arbitrary, capricious, unreasonable and
discriminatory;
(b) F,Tas made without reasonable consideration as
to the character of the area cohere Plaintiff's real. estate
is located;
(c) was made without reasonable consideration of
the suitability of the area for an R3A use;
(d) was made without a view to conserving the
value of property and encouraging the most appropriate use
of Plaintiff's land;
(e) Is not in accordance with a timely, relevant
comprehensive plan;
(f) Is not in accordance with Defendan£'s existing
comprehensive plan;
o ittpose morar_
oerous restrictiUns
(g) operates t
soon Plaintiff's property which is similar in character to
nearby property less onerously restricted;
_-.(h} In confiscatozy aiia constitutes a violation of
ral and stats constitutioxis.
the due Process clauses of the feae
T. Plaintiff has no adequate remedy at law..
gg(EREFORE, Plaintiff Prays that the Court issue a writ
ft'.s real
of mandamus ordering Defendant to re -zone Plainti
estate from R2 to R3A, for other equitable relief as appropriate
and the costs of this.action.
DIVISION II
1. Each and every allegation of Division I is inCorpoX'ated
herein by reference.
1•77'EREFORE, Plaintiff Prays that the Court issue ars t;fl
Of certiorari and declare Defendant's refusal to re -none
Plaintiff's real estate to R3A illegal and improper, for
other equitable relief as appropriate and the Costs of this
actions.
DIVISION III
1. Each and every allegation of Division S is in-
corporated herein by reference. I�
i�
WHEREFORE, Plaintiff ;-Prays that the Court Issue an; it
injunction permanently enjoining Defendant from enforcing it
the zoning classification of R2 upon Plaintiff's real'
I.
estate and that the Court issue an injunction requiring
Defendant to issue building permits for P_3A uses, for ozner
equitable relief as appropriate and the costs of this action:,,
DIVISION IV 'I
1. Each and every allegation of Division I is in,cornn-a+oa
herein by reference.
WHEREFORE, Plaintiff" prays for judgment against-Dzfe:ila
in the su,•n of $168,000.00 as compensation for the effedtLjve• j
taking of Plaintiff's Property without due process; for other ir
equitable relief as appropriate and the costs of this action.'`'
'IMITE -LAW OFFICES
330 South Clinton Street -I
Iowa City, Iowa 52240 jl
By:
ATTORNEYS FOR PLAINTIFF
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