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HomeMy WebLinkAbout1976-11-16 Info Packet*City of Iowa Cit* MEMORANDUM DATE: November 12, 1,976 TO: City Council FROM: City Manager RE: Evaluations The FY 77 budget for the City Manager activities provided that an evaluation process for department and division heads would be established. In addition, the City Council asked that the Manager prepare criteria for evaluation of the Manager. In the past several months the staff has been reviewing material from other communities, International City Management Association, and other sources. Enclosed is a draft of materials which will provide for an evaluation of the Manager, department and division heads and the City Council. This information is scheduled for discussion on Monday, November 15, at the informal session. *city of Iowa CIO MEMORAINDU &q TO: City Council ()ATE: November 9, 1976 FROM: City Manager RE: Council/Manager Evaluation The City Council and the City Manager will conduct an evaluation of each other in the last quarter of each calendar year. An info Will be scheduled during which only the evaluations goal of the discussion will be to strengthen the Ci real Council meeting; Cit will be discussed'. The City) offer opportunities for improvement and City governm,nt in Aiwa it is appropriate. n provide osit- support upPQ�;'t where. A copy of the Manager's evaluation form will be distributed to each member. Each return of the Council will then complete the Manager's evalua- tion form and return it to the Mayor. The � Council composite based upon the comments of individual Coimcilhmemcomplete er a The r will be presented to the Ci 's 1 t 1�'iitten City of befoxe the evaluation diScussion,siti A copy of the Council's evaluation form will be distributed to ,each department; head. The department heads will complete the City Manager who will then prepare a written composite and return them to .the Of the department heads. The co based the evaluation discussion. composite will be sentto the Citn the commentsi City Council before The Manager will complete in writing, for the Manager's own use in a copy of the Managex's evaluation form so that a Comparison of,thethq �scuss�q Perception can be undertaken during the dis ussion each Council member Will complete a Council eval,uatiithOR theorm before theLikewise G with the Council. Likewise After the evaluation discusssiol ion, the Mayor will' re are a the Council's evaluation which will include specific suggestions) summary of Will, likewise, prepare a written summary of the'suggestions w Provided to the ManagerThe Manager goal accomplishment,to accomplish and will establish a.time ch have been The parties will exchange theses Schedule for immations., CITY OF IOWA, CITY PERSONAL EVALUATION FORM This form is intended as an aid to formulating a carefully considered and.fair appraisal of a supervisory employee's job performance and potential for greater responsibilities. The following evaluation for management performance is divided into four general headings: a) Management, b) Technical Skills and Abilities, c) Personal Performancee and d) Community and Intergovernmental Relations. The comments under these headings contain one or two word descriptions of various aspects to be considered,,, in the evaluation. This is followed by longer discriptions of criteria to aid in evaluating an employee. Comments should address the employee's current performance in his/her present position. Additional comments may suggest how an employee may improve performance in his/her present position. After completing the evaluation, a personal interview should be held with the individual who has been evaluated. The scale and definitions below provide a rating of the employees being evaluated, Outstanding - A select number merit this classification. These people's performance exceeds that required by the job description. They are eager, creative, fair, prudent, economically efficient, highly motivated - and able to convey these characteristics to their subordinates. Meets the expectation of the rates. Commendable - Often exceeds expectation of job description. He/She is responsive to change in the administration ofordinances and policy decisions;j, handles himself/herself and his/her subordinates well during Stable as well as crisis periods. Is a responsible and dedicated leader of the city operations' Satisfactory - Meets and sometimes exceeds job descriptions and duties. Ile/She can handle almost anything that might develop and can be a ver' effective participant in decision-making. Males good use of tools aitailable to him/her but occasionaly falls short of goa;i achievement. Potential;;; Needs Improvement - Doesn't always do what needs to be done in his/her area of responsibility. Lacks consistency in doing his/her job, may find change hard to accomodate, wastes time and can't always communicate the right ideas at the right time. Needs occasional! supervison or direction. i Unsatisfactory - Consistently fails to do what is required of him/her.. His/t[er performance falls short all the time. Needs constant supervision or correction. Unable to make decisions on hits/her own or follow directions. i 10/76 �i _ E 0 GUIDELINES FOR PERFORMANCE EVALUATION CITY MANAGER AND DEPARTMENT HEADS PERFORMANCE CITY OF IOWA; (ITY Employee: Position: Division/Dept.: Anniversary Date of Employment: Current Monthly Salary; Period Covered by Evaluation: This Evaluation is: Annual: Promotional: Probationary: Other: A. MANAGEMENT 1. Managing Hunan Resources Q1234 (Ability toe Tctive3y train and motivate employees to secure optimum results and cooperation from others. Does he/she develop and evaluate employees; handle grievances, affirmative action complaints; maintain discipline; monitor employees records, receive few complaints?) 2. Organization 01234 (Ability to maintain. control and manage all city functions effectively; Organize as well as maintain on-going; programs offered b� the city.) 3. Setting Objectives 01234 s e s e able o achieve goals by using;MBO guidelines consistant with the present City and Council goals and priorities?) 0 -2- 4. Managing Information 1bl111uy to communicate verbally and in able manner, effective in informal talks comniciates with community groups and • writing in a concise ks mand conducting meet. Public; keeps staff 5. Decision Makin Is C s e a le to assume responsibility for those decisions which hisehers to perform and any alternatives which may be devel,oped th; affect proper administration of laws and ordinances? Are results r against goals and i£ needed corrective steps to solve those nrmji Poli Makin es a sFe recognize the bounds of policy =kin 012: Policy administration and enforcement caused by political coercion, Does he/she communicate policy decisions determined by Council to all tical interruptio other employees?) Dele ation of Authorit i ity toe ectwe y control events through01234 authority and responsibility,) Proper delegation of $• 10 nt Re latiou gulations or ung Personnel Affirmative Action (Federal ReonsUni oil OI2a'q regulations ]mow by he Council and Acts) anli llotir d.q ts Ar&he x 9• Acc011 i - alit hlwnts/Results menu/results 0to wor at a professional Professional comparable with Past or professional st 10• Inter overnmental Activit s e st ve� e to war PreIth sent l3er local co y, regional federal g rnmental re unt aPPropria,tes to Olc�( the City?) administerin state or $ ordinances and; B. TEQWICAL SKILLS AND ABILITIES 1 Re ortin A- �enda s e sie able to Provide accurate an and comprehensive? Are recommendations Complete p r� Possible solutions to re ° that are 0r ad problems whin may a�Se')fiit into the agenda, p 0 -4- • 01234 IIud et s >.s/her budget accountable and realistic? Does it provide for maxi: city service to the public, adequate financing of these services and act economic utilization of monies provided to the proper agencies? Is the budget balanced?) 3. I!M(Up with the times) to stay abreast of new developments ch may coarse up able to be dealt wi system and not result in duplication nof effort?) 4. Quality Of Work s the qua ity of continued accuracy Are the results up 01234 in management of c: th by using the exis his/her work able to serve as a model for and thoroughness and study by colleagues? to current professional standards?) 01234 S. Quantity (Work load) 01234 s he/she able to adapt his/her work schedule if needed and maintain a record of consistently high productivity when, his/her schedule is amended?) C. PERSONAL CRITERIA ON PERFORMANCE EVALUATION 1. Ob'ectivit 01234 (Are�velopment of his/her ideas logical and professional, no biases or commitments? Information used in his/her recommendation is based on objective and factual material.) 2. Personal Attributes 01234 s he/she energetic, enthusiastic, cooperative, willing to change?' Is he/she personally committed as well to the sound functioning of the City?) 3. Professionalism 01234 s he/she able to execute the duties of his/her position hR regards to, educational background, the professional ethics of a manager/department head, and leadership?) U. COMMUNITY RELATIONS 1. Citizen Interests 01234 s he/ s e a e to handle citizen complaints promptly and in a manner which I satisfactory to the citizen and the 'City?) 2. Cit Interest Does e s e defend theCity, the Council, employees and them reputations to maintain integrity, trust and ability q fu the g, the City government?) i 3. CitCA y ��a�le Por Others re o0 e-r—city g governments a le to look at the present o eTa s and how they can improve their own positions and services? pow and able to provide imaginative and proper suggestions Is the the administ. or associations [CNIAp) p ggestions to professional con; 4. Conmunit Act es tie man'igevirt department head get out and personally gee what0is3goi on to get a first-hand idea of what might,be recommended or continued in departmental operations?) 0 0 GUIDELINES FOR PERFORMANCE EVALUATION CITY COUNCIL CITY OF IOiVA CITY 1976 A. POLICY 01234 Performance Criteria: Does the ounce =determine the future of IWa City that adequajtely represents the community at; large? -set and achieve realistic goals for the community? -consistently provide the staff with clear, understandable and fair policies? -assume leadership role in the community? -effectively differentiate its involvement according to its prescribed executive or legislative role? -understand and articulate community needs? seem to have an understanding of broad citizen views and needs? FISCAL MANAGBM 01234 Performance Criteria: I Does the Council -plan for the City's future with good budgeting practices? -display and follow sound fiscal responsibilkt¢? -understand the overall needs for adequate ser4ice to the community? -have broad knowledge ofdepartments to evaluate carrespon budget requests of departments, to meet basic service leve -review the budget to determine programs and s6rvice level -justify its fiscal action based on information acquired f administration and department offices? C. DECISION MAKING Performance Criteria: 01234 Lives me ouncil---bave goals which can be objectively acted. on during Policy formation and procedural follow-ups -have the knowledge of limitations on its Policies that bodies? are automatically imposed by superior law -making legislate; -respond to direction or assistance from staf.E? -stay abreast of current trends to qualify itself as being information to provide responsive to civic needs .and government coojieraton? -promptly respond to questions raised and acquire necessary -relevant legislation chat is understood and followed.by all? -reach decisions that axe objective, innovative, and -for th� benefit of the City? -communicate fully with the staff even when it is negative? reach decisions? D. GRCUP PROCESS Performance Criteria: 01234 -Are the meetings constructive? -Do the meetings stay on schedule? -Does the Council communicate where they stand cn issues? -Does the Council effectively deal with'public ' and political pressure? gfioups -Does the Council effectively commmicate and handle problems that citizens bring to the Council's attent; h 1 �J GVIDIiLINNS FOR PERT MKN(:E EVALUATION ADMINISTRATIVE AND DIVISION HEADS STIFF CITY OF I6n, (;ITY Employee: Division/DePosition: pt. Current MonthlyAnniversary date of llmployment Salary; This Evaluation is: Period Covered by Evaluation. Annual: Promotional: A. MANAGEMENT —� Proliationary; --;_ Other: 1• Managing Ilwnan Resources (Abuity to secure efforts of Others•)G�Peration and obtain o 01234 optimum results through Performance Criteria; g an veiplin;monitoringls kmleave a handling grievance; maintaining discipline few complaints, and safety records low turnover; 2. Nana in Financial Demonstration o and Material Resources resources.) fiscal accounts ility d efficient01234 utilization of Performance Criteria Bu get Planning, execution and savings; vOhicle accident ant ois'material co cern fort requirements. P n-tng, utilization requirements; most efficient employeepower utilizati°nit cost and andl overtime 0 -2- • 3. Mara in Work S stems. 01234 r hty to conceptualize needs of the department and organize necessary programs and activities to increase efficiency and effei�-.i,iveness.), Performance Criteria: Short and 170n–F—term planning; clear mission and purpose;i inspections; develops innovative systems and operations; establishes Mork standards; responsive to unanticipated requirements; ability to a(lapt to .changes: willingness to assume risk when necessary; timeliness iri achieving, results; monitors and controls work; effective coordination; delegates work and assigns responsibility; high productivity. 4. Managin Information acilittyamwritten and verbal commviications.) 01234 Performance Criteria: Reports are tamely, concise and understandable; effective'' in informal talks and conducting meetings; effective public contact; conmmicates with community groups; informs supervisor.; utilizes inforjmition sources; open to suggestions; keeps staff informed. B. TEGINICAL SKILLS AND ABILITIES 5. Quality Performance Criteria: Accurate; neat; t orough; 6. Quantity 01234 extent revision is necessary; high standards. Performance Criteria: Amounto wor 'per ormed; completion of work on schedule; use of material; high productivity. 01234 economical • -3- 7. Problem Perf_ office Criteria; Develops o eco tie z-esources; analyze, alternatives; establishes considers finances; high degree of joint problem solv;' with s and co-workers. C. PERSONAL, PERFORMANCE 8. Objectives Esta lis Hent of short and long-term goals that are consistant w01234 the department.) Performance Criteria: sta is es sio tr and long-term goals to ensure continued improvement of services;, operations and staff.. 9. Acco lishments tesponsz ih.ty for completion of work.)' 01234 Performance Criteria: Timeliness ane extent to which goals and objectives are achieved, imagination and resources in overcomingt to staff for :individual accomplishments. unanticipated delays; reGognitiop' j 10. Development (training and development for self and subordinates.) 01234 Performance Criteria - Extent an amount o training given to subordinates coaching and counseling, encouragement given to subordinates �Ptoso a participation with subordinance to, establish and m=aintain goals, seek 0 -4- 0 01?34 11. Personal IKa ommi.tment to goals of management.) Performance Criteria: use ntegrity; management attitude; thinks for;and kdevelopmente stays Of time; goal attendanco; seeks persona]. growth current; maintains self control; introgrates personal goals with that of organization. %234 12. Su ervisor/Em 1p oyeeolicies and procedures.) sea common Bence and judgement in following p Performance criteria: willingly; ream lexi e an cooperative; accepts responsibility worker; supportive of department;feels eto take constructive gr,4ticism; effectiveness of departmefor nt; Y allows subordinates to manager; gives credit when due; £irn"i?ut £air in dealings. Date: Evaluated by: Date: Reviewed by (department head): Supervisor's Comments: Employees Comments: Employees Signature: Date: *city of Iowa CIO MEMCORAND'UM DATE: November 13 10: City council.,,, 1976 `` FROM: City hfanagerj, vV / RE: Cost of Scott Boulevard Development As requested, the Public Works Department has prepared cost eSfiimates for the . development le Scott Boulevard. There are two proposals. Oni covers the area: Of Scott Boulevard .From Elighway 6 to Highway 1 - a distance of second proposal extends from Highway 6 to Rochester Avenue - a ance o£ 3 dist miles. There are two alternatives for each proposal5i tales. The a 36 -foot wide pavement with a 66 -foot right -op -os. One �ch provides for foot lanes with a 100 -foot right-of-way, y and the other with two 25 - Scott Boulevard .from Highway 6 'to Highway 1 a. 36 -foot wide pavement with 66 -foot right-of-way b. Two 25 -foot lanes with 100 -foot right-of-way Scott Boulevard from Hi hwa 6 to RochesterA_ venue a. 36 -foot wide pavement with 66 -foot right-of-ivay b. Two 25 -foot lanes with 100 -foot right-of-tvay $¢,,256,430 3,011,695 1,231,130 1y637,070 20-346 0 CITY OF IO:1A CITY DEPARTPEHT OF PUBLIC WORKS LE —� R LLQ 14 TO: Neal Berlin DATE: �\Tovember, City Council FROM: Richard j. Plastino RE: Speed Linti.t on Rochester Avenue Public Works was asked to state ,the reasoning behind!si Avenue at 35 mph from the east City Limits to s 7th Av��nueRing Rochesi; Throughout the United States ark attempt is made to s1,grt streets at. speed that approximates the average speed that motorists actually drive. It has been conclusively demonstrated b the majority of motorists drive at a speed that is re;9sonable and Proper for the existin y examination that speed setting across the roadway Staattesions. In order to allow is called an 1185th , road en d wh ". the motorists drivepatCortbelow. por instance.speed". This is hhe srs have used woat f, speed on a street was , if thee 85t}tatercenti would drive 32 3lowe this would mean that 85% Of the drivers mph or slower. The 85th percentile speed on Rochester Avenue, east of ;7th Avenue # ranges between 32.4 mph and 39 mph. This section of street is signed at 35 mph, therefore, the speed I . . is proper under t West of 7the used across the United States. speed is 30„4 mph and this section of treetAienu the 85 guidelines therefore, Rochester is signed 5 mph too low percentile this seat mph - It is important to remember that there is no correlation between actual driver speed and the speed limit si Of this subject have showngn Present. Repeate3 ex conclusively that artificial low speed ivtG are not heeded unless a police officer is visible. Perlili s example of this in Iowa City is OnAmerican Legion Roads ,east of 1st Avenue. A large section of this eric is signed at 2gp f best actual speed studies indicate that 34% of the drivers are travelling above 25 mph, mph; however,, Iowa City is in somewhat of a difficult position in regard to its arterial and collector street speed signing, In the last many streets have been signed under the 3.119 I technic but apparentlyfew years signed at 25 seand veral years agbeen o, many arterial streets a4 guidelines has no relationship toathetactual motorist's speed. the speed P d limit signing peed. At some point in Q page 2. • Sneed Limit on Aster Avenue November 3, 1976 time, it would be useful to re-sign all arterial and collector, streets in the community to approximately the 85th percentile speed and then allow strict enforcement of this speed. An,appropriate time to do this, if Council so wishes,would be upon adoption of the Traffic Ordinance. By law, the Traffic Ordinance must list all arterial and collector speeds that vary ;From State law which is 25 mph in residential, areas. Prior to the ordinance being codified, it would be useful to, re' -sign; most arterial and collector streets. The Police Department would then be in the advantageous position of being able to enforce logical speed limits. The previously mentioned example of American �egioa Road shows the difficult position our police are 1placed in when tahe�f are asked to strictly enforce an unrealistic speed limit since 34%$ of the vehicles are in violation of the posted Speed limit. It is recognized that discussion of speed limits is a perplexing subject. Most logical thinkers initially assume that a cause and effect relationship exists; that is, if a speed limit is posted, vehicular drivers will travel at or below this speed. It would be beneficial if this cause and effect relationship actually existed, but repeated examinations of the relationship between posted speed limit Signs and vehicular speed, in the absence of a visible police patrol, have demonstrated that ,there simply is no relationship. E CITY qF IOM CITY DEPARTIMUT OF PUBLIC WOR::.. MEMORANDUM ATE: ho,ember 5, 1976 TO: Neal Berlin City Council FRO'd: Richard J. Plasti.no RE: Other Alternatives f r Correction of the Air Contamination Problem at the Transit Garage Attached is a letter from the City's consultant regarding two other options that had been discussed: 1. Use of gravity vents to vent the transit garage, and 2. Use of suction hoses for each bus. The problems with the second solution using suction hoses areiactuaLZy more serious than indicated in the attached letter. When buses prepare to leave the transit garage there will be a time span of 50 to 60 seconds during which the exhaust pipe would be uncovered and would be con- taminating the air. This particular problem, is intensified sjince the buses are under acceleration. Some time could be saved if someone would take off the exhaust hose while a driver was behind thet seat of each bus, but this would be a difficult procedure. If there continues to be significant interest in the second option, we will instruct our consultant to pursue it further. RJP:bz cc: File Copy 20 nn n MOB IE Tuv.n Cedar Rapids, IOWA 5:441, f ry• RE;CL'_'i'v L � S37B November 4, 1976 Richard Plastino Director of Public Works City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Subject: Iowa City Transit Building Project No. 7976 Dear Dick: We are in receipt of your letter dated. November 2nd 1976, and will try to answer your questions, We did not recommend the use of the gravity vent because it is dependent on wind or air movement, The actual capacity of such a unit then depends on how strong the wind i.s and how fast I vent head revolves. The use of a unit like this, as with the other systems, requires air inlet openings along the sidewa4s of the building. There may be days when this type of system may function adequately, but there will also be days when you would notice no improvement over the present system. � The use of the standard carbon -monoxide removal system had been looked at and discussed. It was not included in our recommendations because of cost and because of comments made by the maintenance man at the facility. It would require a man to walk from bus to bus with a ladder in order to attach the exhaust hose to the bus exhaust stack. When the buses are ready to ,leave the facility the process must be repeated. The comments made by the personnel at the facility were that after the newness wears off, they probably wouldn't take the time to use the system, This of course is a problem area that we shouldn't be involved in. We do feel .a,4 should provide a system that will be used. REGISTERED PROFESSIONAL ENGINEERS: IOWA. ILLINOIS WISCONSIN MINNESOTA. 0 Iowa City Transit Building Page 2 November 4, 1976 We hope we have answered your questions_ additional information or have further If you are in need of Sincerely, questions, release contact LARRY R•, MOORE & ASSOCIATES Gary Karr sah •it of Dov fa C Ci�j s OR ANp� _.._- MEM r 10, 19/'It 976 DATE NO`S /' I t 1CL TO: Neal Berlin, City Manager FROM: Tony yusbnir, Asst. City Attorney RE: arlcing Tickets F ability t]�e area !of ard� €or t, I rese fine l - a p of As per Your r ice the apomt ° fine af#Er a' ,case ' . litY sale (i.e. to UPllatI or. distinct Oo : t s of a mcipa . , ticket on a $11ding Ch motes no appellate find' a'��able ' e above .1 dig,i$Y th?a;xes" iowa V. time) • this. y _tac Magistrateng, s Court xnvol as is C °f Ce�r tin that ins fixes! to a yC1palitY• 6867-1274.. ' f a'ViAt of t he NO. C.I, of LalsitXJ t and (2) thn Willie onnstit+ptl usurious interest j p�;er. Magis- aimitxJ that (1) 1-t w a valid exercise of 1o1i Istating tYat ' was favor of theci tc}� a t�cirig P�kt as a result - ssive trate Bennett fouidto be grossly exoe ca:abed ti the court: was not shown mess of law ae, up to ttkla cSsstri a distx,EGt fine arty wit � tgr was norma al is�iloi ruling frau by dt. bnns�n efondant SO court ate ? s noi-4N lteli opinion ad h fpl<ase dor`cques ��itate tD. A Viecision'bY as t although 'it as to • or wish to disc; a M°9is of at Torw K151nir �� 3q tjo di , "Tot W a�lY � �M A°oo (city i�P°C ue�P be dss a 7 1!anl Y+ �"o' i A sP°ci�a�l�'�do,�pE� Y� °t 29x4.250 r�pd.:9!i• ,.beil 11060- t p�do 1 � 24 205 N•w'� 8 *SLAW4Ph G+� t,' � 0 0 city of Iowa CIO MEMORANDUM TO: Neal Berlin, City Manager FROM: Tony Kushnir, Asst. City Attorney RE: Parking Tickets DATE: November 10, 1,976 l' 7 Lf{ t f.r As per your request, I researched the area of the ability of a municipality to place the ammunt of a fine for a parkingticket on a sliding scale (i.e. to up the fine after a period of time). My research indicates no appellate or district court cases involving the above issue. I slid, however, find a case in magistrate's Court involving this issue with a result £aJmrable to a municipality. The case is City of Cedar Papids IaTd v William Blood, No. C.I, 6867-1274.!Phe defendant iin that instance c leng e constitutionality of raasip4 the amount of the fine - claiming that (1) it was a usurious interest payment, anti;(2) that as a result it was not a valid exercise of police power. Magis- trate Bennett found in favor of the municipality stating that the fine was not sham to be grossly excessive to be a taking of Property without due process of law as proscribed by the Fourteenth Amendmnt. The matter was not appealed up to the district court by the defendant so consequently there is no ruling from a district court judge. A decision by a Magistrate is not binding as precedence although it is an indication of at lea$,t one magistrate's opinion as to the validity of the enactment. If you have any quesfions or wish to discuss this matter with mep please don't hesitate to contact me. Thank you. Tony Kushnir i TO: FROM: RE: *City of Iowa. ci# MEMORANDUM DATE! November 8, 1976 Neal Berlin, City Manager Bob Bowlin, Asst. City Attorney FJ /� Reduced Solid Waste Removal Rtes for Elderly Citizens FMTS .rf In a memorandum dated December 11, 1975, this office opined that the City could not charge re&xW wager and sewer rates fox elderly citizens, because of the express prohibition, of 388.6, 1975 Code of Iowa. Q=ICN PRESFNM) May the City change reduced rates to elderly citizens;for solid waste removal services? CC@KUJSICN I The City may charge reduced rates to elderly citizens for solid waste removal services. f!}iF."�iicLyi(Ei "Rates" means rates, fees, tolls, reihtals and charges] for the use of or service provided by a city utility, omrbined aridity system, city enterprise, or ombined city enterprise. 384'.80(6)o 1975 Code of Iowa. A city utility or a oxrbined city utility system may not provide use or service at a discriminatory rate. 388.6 1975 Code of Iowa. A 'city utility" means all or part of a waterworks, gZisworks; sanitary sewage system, electric light and power plant and isystemi or heating plant, any of which are eased key the City. 362..2(22), 1975 Code of Iowa. "City enterprise" includes solid waste eolleqtion system and disposal system, but does not include city utilities'. See 384.24(2)(f), 1975 Code of 'Iowa, we can see that the discriminatory rate prohibitions of 388.6 apply to water and sewer (city utilities)„ but not to solid waste (city enterprise). A special, charge may be made by a municipal corporation for the removal of garbage and refuse. See 7 McQuillan on Municipa Corpora tions, sec. 24.250, p. 95. Such anardinanoe is not uncons;titutipm because the charge is not collected fr, m indigents., Ci cif Iake Charles v.. Wallace, 247 Ia. 285, 170 So.22d 654. In v: Cit . o Detroit, ch.App. 7, 205 N.W.2d 819 (1973), the— M e�i'�gan coLw I of Appeals held that an ordinance providing for waiver o.Esolid waste removal fees by the council for non-profit or limited dividend federally subsidized housing developnents for low to moderate inane families+ or for non-profit charitable organizations,was valid. The Court found that an ordinance which hos some reasonable basis does not contraverx: the equal protection clause merely -because there is some iii quality in the classifications adopted. It would seem reasonable for the council to find that elderly citizens often live on fixed incases, and that many of there may have more difficulty paying solid waste removal fees than per�yoils.wlzq are younger and mare likely to be employed, while such an oi ,;dinanoe does allow for waiver of fees for wealthy elderly, it is likely reasonable on the whole, and probably would withstand constitutional :scrutiny. Bob Howlin cc: Dick Plastino, Dir, of Public works Harvey Miller, Chief of Police John Hayek, City Attorney 0 city of Iowa PIR MEMORANDUM TO: Neal Berlin, City Manager FROM: Debbie Rauh, Controller -D RE: Urban Renewal Project Note Sale DATE: November 9, 1976 �- i 4 Attached for your information is a tabulation of bids received for the $1,613,000 of Urban Renewal Project Notes offered for sale today. Please note that the successful bidder is Bank of America N.T. & S.A., of San Francisco, California, submitting a bid with an interest rate of 2.73% and a premium; of $24. I have already contacted the successful bidder as per the instruc- tions for the sale of these project notes. this summary will also be distributed to the unsuccessful bidders in addition to confirmation letters to HUD and Bank of America. As a sidelight, when I placed the call to HUD at 12:45, the City of Iowa City had received the lowest interest rate on project notes sales. If you desire additional di#ribution to Council members, additional copies may be readily made available. ,r2Q' q 1 H C7 M 73 cn A ti a ro 'Pi o 0 • rR'v< n +l O Kit .1 m a Mt (l H WE' V O O, N , :It it z'. 1•i is <: n 3 is O 9 G,il� yi. tt. , 17. w.n n51 : n. to r': ^syyIt % ri at Jr G1. W d a C 1 z o�Ig' £aON v ro �' R- p p 4 " n os Fo M Ezd � n o F. 7CK VI N xK x x�r a o to n r x'NN W RI n,o O .1 m c o [[pp K K T' S' IG ID ' :3O Yry �G N G H IN- fJ N r r � r rn G w O0 r a Oyti rt 0 .31 o O' n Ln z0 0 z 01 OawrtrrW n 11 a H u O W N ¢ rrtt H In 1 N y rr h' rat • N• O n Bozo r Im m� iow w rn a E rt E rr o E p 7 x x IWD 3N•a — (D K m 1D ti O N N ID X X Iw-• to y I N O 7 W G < a C tyt m ny v x m rt r (D N N O--0_ N N N N N r r r r r r 01 m m m m r r r r r r W W W bl W W O O O O O O O O O Q O O N N N N N W W 10 w W J In O P O W b d0 W dP 0 dP dP N r N N N N N r N W H N O 1011 Ca Ja N O O O O 0 O O i I 1 1 i 1 NIn W J 1C r W r C1 r Ol W J r co 1p co ?ti0 J 1 1 1 -- CNE M0 I 1 1 1 1 r V1 N I 1 1 r r r 1 1 1 r V1 N I 1 1 N V1 r N Cn r 0 O O N '111 r o Eo O j 3 3 3 0 00 33: 3 00 S o 3.3 o z $ z 1 r r W O r W IA 11 W (Nj 30 S 3'0 � � 3No P: g D • x • ? H C7 M 73 cn A ti a ro 'Pi o 0 • rR'v< n +l O Kit .1 m a Mt (l H WE' V O O, N , :It it z'. 1•i is <: n 3 is O 9 G,il� yi. tt. , 17. w.n n51 : n. to r': ^syyIt % ri at Jr G1. W d a C 1 z 0 • CIVICCENUFIAIpE WASHINGTONST, O IOWA CITY. 'p A�Zz ,oO {dam S November 8,, 1976 MAYOR MARY NEUNAUSER COUIICILMEMEERS ANN EAWER CAROLd.FA06EE LLEOSTER OAVIO FERRET MASE SELZER ROBERT VEVERA Ms. Dorothy Douglass, Chairperson Transit Advisory Committee Johnson County Regional planning Commission 22� South Dubuque Iowa City, Iowa 52240 Dear Dottie: The City Council received and placed on file at its regular meeting,,, October 26, 1976, your letter concerning Transit Advisory Coptnittee%s recommendations for public transportation improvements. in Johnson County. I would like to thank the Transit Advisory Committee of the Regional,. planning Commission for its in-depth study of the transit developmeait program for Iowa City and Coralville. Shortly the Council w�-!11 be reviewing goals and objectives for City functions as we enter into the next budget cycle'period. Your recommendations for transit expansion will be evaluated and carefully considered at that time. E If you have any additional questions, please feel free to call me. Thank you, Sincerely yours, Neal G. Berlin City Manager enc. cc: City Clerk City Council HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW AR[A CODE 11 JOHN W. HAYEK 110 EAST WASHINGTON STREET. 337-98081 C, PETER HAYEK IOWA CITY, IOWA 52240 November 9, 1976 Mr. Daniel Boyle Attorney at Law Bremer Building P. O. Box 2150 Iowa City, Iowa 52240 Re: Subdivision of '4Wiles Development Corporation Land at Rigerside Drive and Highway 6 Bypass in Iowa City Dear Dan: On Monday you and representatives of Miles Development Corporation and others visited with me in my office concerning an interpretation of the Iowa subdivision law made by Mr. Gene Dietz, the Iowa City Engineer,, in connection with a request for a building permit. The request for a building permit had been made by Mr. David Bihaver- man, the proposed owner of a parcel of land on Riverside Dri)re, for the purpose of building a fast food facility. Mr. Dietz has refused to issue a building permit for this building on the grounds that the property in qugstion has not been properly platted as required by Chapter 40f1 of the 1975 Code of Iowa. For the reasons given: below I believe that Mir. Dietz was correct in his interpretation of the law and that he has prgpei{ly refused to issue a building permit at this: time. As I understand it the facts of the situation which you bave't related to me are as follows. In the late 1950's and early 1960's Midwest Building and Realty Corporation, an Iowa corporation, assembled a tract of land approximately six or seven acres in size located genetall$ in the northeastern quadrant of the intersection of Riverside Drive and highway 6 Bypass in Iowa City. In the early 1970's a small tract of laird q✓as split off from this larger tract and sold to another owner who built a Sambo's Restaurant on the smaller tract. The tract of land is approxi- mately 3/4 of an acre in size. Subsequently the Sambo's tract was reconveyed to Midwest Building and Realty Corporation. On September 1, 1976, Midwest Building and Realty Corporation conveyed the entire tract except for the Sambo's site to Miles Development Corporations, an Iowa corporation. Thus as I understand it immediately following tliis •trans- action the Sambo's site was and continues to be owned by Midwest Building and Realty Corporation and the remaining tract of land is owned by Miles • • Mr. Daniel Boyle - 2 - November yI, , 976 Development Corporation. As I understand it Miles Development Corporation intends to convey another parcel of land, approximately 3/4 acre in size, immediately south of the Sambo's site, to Mr. David Braverman who will construct a building and lease the same to a fast food business. The legal issue to be resolved is whether or not the land in question is required to be platted by the provisions of Chapter 409 of the 1975 Code of Iowa as amended. As you know, Section 409. 1 in part states as fellows: Every original proprietor of any tract or parcel of land..,. who shall subdivide the same into three or more parts, shall cause a registered land surveyor's plat of such subdivision, with references to known or permanent .monuments, to be made.... Chapter 409 goes on to provide that no such plat shall be accepted for recording by the county recorder until approved by the city council, after review and recommendation by the city plan commission. In my opinion the proposed transaction in effect subdivides the original tract into three parts. The parts are the Sambo's tract, t]he. Wendy's Hamburger site, and the remaining' tract owned by Miles Development Corporation. In our meeting you cited to me an Attorney General's opinion dated July 14, 1970, which stated that an original proprietor may sell one or two lots of his original tract before he :is required to file a plat under the terms of Section 409. 1. (Conlin to Vanderbur, 7/14/70). That Attorney General's opinion, however, has been superseded by at least two subsequent Attorney General's opinions which have held that the term "three tracts or parcels" as used in Section 409.1 is defined as two tracts plus the owner's remaining. i,ract. See 1970 OAG 713 and Attorney General's opinion #72-6-4 (Nolan to Chwirka, Woodbury County Attorney, 6./8/72). 1 am attaching copies of those Attorney General's opinions. The requirement of filing a. subdivision plat under Chapter'409 protects the public interest in avoiding unregulated and unplanned development of land. Mr. Dietz tells me that this area of Iowa City particularly is one in which the City staff have concerns, especially as regards traffic, roads and the like. 3 November 9,I 1976 Mr. Daniel Boyle t Mr. Dietz is correct a insistintion beloreon In summary, I believe tha the proper subdivision under Chapter 409 of the land in q issuing any building permits for it. To the extent that Section 9.5(l. 7($) e re of the Io thwa Cit at City Code sect sistentw ith the invalid. ments of Chapter 409 I believe Very truly yours, I jJhqnElayek JWfI:vb a Cit cc: City Council o£ Iowa y Mr, Neal Berlin, City Mana. ger Mr. Gene Dietz. City Bnginee'r t� An Official Opinion From the Office of RICHARD C. TURNER Attorney General of Iowa 0 September 21, 1970 CITIES AND TOWNS: platting—§409.1, Code of Iowa, 1966. An origi. nal but if 1e, sells two lots anie lot and d retains one ein one lot he iii requt of ired to is original plat under the terms and conditions of §409.1. (Conlin to Riley, 9/21/70�a #70-9.12 Mr. Philip T. Riley, Corporation Counsel:, In our recent phone converu sation you requested clarification of our opinion of July 14, 1970 to _ Charles Vanderbur, Story County Attorney, That opinion dealt Wilk Section 409.1, Code of Iowel 1966, which provides in pertinent, part al, follows: "Every original proprietor of any tract or parcel of land, who, has sub • divided, or shall hereafter subdivide the same into three or mora parts' for the purpose of laying out a town or city, or addition thereto, or pail; thereof, or euburban lots, shall cause a regis(ared land surveyor's plat of such subdivisions, with references to known or permanent monuments, to be made, by a registered land surveyor holding a certificate issuid under' theprovisio'¢s of chapter one hundred fourteen (11:1), of the Code, giving! the bearing and distance from some corner of a lot or block in said towns or city to some corner of the congressional division of which said town, city, or addition is a part, which shall accursitely describe which all the eubdi. visions thereof, numbering till same b pro �'�ressivemumbers, giving their• iimensions hTy, length and brecidth, and the bt�>ndth and courses of all the, draets end nll...,....�.,u:_v_a a___... The above, quoted statutory provision requires the original proprietor of a tract or parcel of land to plat any subdivision :of three or more lots. Therefore itwould appear that whenever an originsil proprietor sells two's such lots and retains one for his own use he, has .effectively subdivided his parcel Into three parts and is required toLplat,the same as required by Section 409.1, Code of Iowa, 1966. Therefore, it is the opinion of the Attorney General that an original proprietor of any tract or parcel of lend may sell one lot and retain one lot without causing a registered land surveyor's glut to be made. How. over, if an original proprietor sells two lot& and retains one lot for his own use he must file a registered land surveyor's pls<t in compliance with Section 409.1, Code of Iowa, 1966. 661 , 1?STIES AND. • u C_C1 anomer, rrcil t.te Ouice C: RICI iL1,ll C TURI\j._, Attornep' Gonexal of Iowa June 8 ,1972 COUNT" OFFICERS: Auditor— §§400.1, 409,33, 409.36 and 409,45, Code of Iowa, 1971. A tract of land subdivided into three tracts or parcels by the Cou ty dEngineer oltor r a licenserequire usurveyor. survey Nolant to madei Woodbury County Attorney, 6/3/72) #72.6.4 Mr. Zigmund Chwirka, Woodbury County ,Attorney: We have your letter requesting an Attorney General Opinion on a number Of' questions, requiring the construction of Ch. 409, Code of Iowa, 1971. Y?ui letter indicates that certain land plats in the; office of the WOOdbuty 'County Auditor show a number of tracts or parcels which have been split numerous times without re -platting as required by §409,1; Code, 1971, In response to the questions you presented we advise: I I. The original owner or original proprietor within the meaning of §409.1 is the person who subdivides his Own land. 1961 OAG 12! 2. The term "three tracts or parcels" as used in §409.1 is defi�ied as two tracts plus the owner's remaining tract. 1970 OAG 718. The.4ti1;orney Gen Oral's opinion cited supersedes a,previous Attorney pinion found at 1970 OAG 653. General's o S. There appears to be no statutory authority for the Auditor or Recorder to refuse fp accept a heed for, filing or recording w6e0 the Deed is properly acknowledged. Where it appears that property is being Split into three or more parcels without a Survey Plat prepared ;by a registered land surveyor, the Auditor may require that such survtiy be mune pursuant to §409.33, .However, the Rack of such survey, dtjetl apt preclude the recording of an instrument co land. nveying an interest in 'such 4. If the Auditor determines that..a plat is required, the person pre- senting an instrument conveying land,shall;be notified that the land must W platted within 30 flays from the. date, of notice (§409.33). A petson aggrieved by such determination may appeal to the Board of Supevi'sors giving notice in writing and the Board will decide at its next session whither the pint should be executed and filitd (§409.35), Under the i' visions of §409.36 if the grantor neglects for 30 days thereafter tp file a plat for record as directed by the Bea;d of Supervisors, then ithe Auditor shall proceed and cause such his pint to be made and recoraedl in office and in the office of the C011nl:y Re{;order, 5. If the County Auditor is required to cause an Auditor's Plat to be made„ the Auditor may compel a survey to be made by the, County Engi- neer 0366.1) or by any registered land surveyor holdin{; n certilic,lte issued under Ute provisions of Ch. 114 of the Cale (§409.1), 6. The authority under which the County Auditor can cause the employment of a licensed county surveyor is cited in paragraph 5 ahoite. Seo 1064 OAG 12. 7. Whero an original owner divides his property by deeding to tvio other individuals who subsequently split their tracts deeding part hank to the original owner, the provisions of §409.;1 requiring platting appl. To correct and prevent obvious subterfuge to avoid platting, §401j 45 provides the fine of $50.00 for each lot or part of a lot sold or disposed 7108 COUNTIES; AND COONTY I Yjymaw; irl") of, leased or offered for sale prior to the recording of the required acknwledged plat. B. Your last question asks whether the statute requires a. filing of a plat where a vendor sells the first tract of land shown by a drawing of several contiguous tracts or other indication of an intent to sell. Our answer to this question would depend on the necessity fin; opening streets, roads, etc., and whether the owner wnrIfas offered for ementsale or- least, the e any additional lots or tracts. (§409.45) answer would be affirmative. dvfle e, 19:_ ,COUNnES AND C0 VNTY' OFFICERS a ,John W. Hayek, Esq. Hayek, Hayek, $ Hayek 110 East Washington Street Iowa City, Iowa 52240 RE: Subdivision at Riverside City Dear John: November 9, 1976 of Miles Development Drive and Highway 6 Cor.porat' on Land Bypass i,h Iowa Thank you for your letter of November 9, 1976, I believe that as far as your letter goes concerning the division of one tract of land :into three parcels by one owner that the provisions of Section 4109.1 of the :Iowa Code would be in effect. I believe that that is the howling the the two Attorne'Y General's opinions which you cite, Howe.yer, I believe that you are incorrect in determining that Midwest Building and Realty Corporation is the original praprietoi,- as to all the divisions which have taken place and are pr.6posed. I cite you two Iowa Attorney General's opinions, one dated December 21, 1962 and the other dated July 24, 1964;, copies, ofwhich are attached. I believe it to be quite clear under those opinions thatthe term "original proprietor" under Iowa Code Section 40.9.1 refers to original owners who divide their property into there or more parts. It does not apply in cases such as this, where one original owner divides his par- cel into two tracts through conveying a portion of'the orig- inal parcel and retaining, the other, and then the second party purchasing makes an additional division of the tract to which he acquires title. In other words I believe it quite clear in this case that Midwest Building and Realty Corporation made only two divisions of the tract owned by it and that, Miles Development Corporation .is now making two divisions of the property owned by it, and neither ,instances results. in an "original proprietor" subdividing his ground :into three or more parts. GNOV 101970 SHULMAN, PHELAN, TUCKER, HCYLE SI MULLEN iE�DIE STCLF ATTORNCYG AT LAw CITY CLERK Louis SHULMAN BREMfiR BUILNIND WILLIAM V. PNLLAN P.O. BOX 2150 TCLE•wONC WILLIAM M.TucncN IOWA CITY, IOWA 52240 354-110A BANICL W. BOYLL )ARLA.CDDL TG) CHARLC4 A. MULLLN STLPNCN F. BRIGHT BOHCC L.WALItCH RICHARD M.TuCHLN ' ,John W. Hayek, Esq. Hayek, Hayek, $ Hayek 110 East Washington Street Iowa City, Iowa 52240 RE: Subdivision at Riverside City Dear John: November 9, 1976 of Miles Development Drive and Highway 6 Cor.porat' on Land Bypass i,h Iowa Thank you for your letter of November 9, 1976, I believe that as far as your letter goes concerning the division of one tract of land :into three parcels by one owner that the provisions of Section 4109.1 of the :Iowa Code would be in effect. I believe that that is the howling the the two Attorne'Y General's opinions which you cite, Howe.yer, I believe that you are incorrect in determining that Midwest Building and Realty Corporation is the original praprietoi,- as to all the divisions which have taken place and are pr.6posed. I cite you two Iowa Attorney General's opinions, one dated December 21, 1962 and the other dated July 24, 1964;, copies, ofwhich are attached. I believe it to be quite clear under those opinions thatthe term "original proprietor" under Iowa Code Section 40.9.1 refers to original owners who divide their property into there or more parts. It does not apply in cases such as this, where one original owner divides his par- cel into two tracts through conveying a portion of'the orig- inal parcel and retaining, the other, and then the second party purchasing makes an additional division of the tract to which he acquires title. In other words I believe it quite clear in this case that Midwest Building and Realty Corporation made only two divisions of the tract owned by it and that, Miles Development Corporation .is now making two divisions of the property owned by it, and neither ,instances results. in an "original proprietor" subdividing his ground :into three or more parts. 0 - 2 - 0 After reviewing the two Attorney General's opinions attached I would appreciate it if you would review your previous finding, because I believe under the provisions of those Attorney General's opinions Miles Development Corporation is hot required a plat in this case. Very truly yours, 1E�C,U�A Daniel W. IIoyle DWB:ls cc: Mr. David Braverman Mr. M. N. Braverman City Council, Iowa City`/ Mr. Neal Berlin Mr. Gene Dietz 2,1 CITIES A\D TOWNS: Auditor's plats and proprietors plats—§§409.1, 4G9 27, 1952 Cudc (1) 'Original proprietor' is anginal owner who subdivides his own land n.to three or more parcels for purpose of laying out town or say, or part, or .rddlGon, or suburb thereto. (21 Mandatory for auditor to ;c:np:y v .th ;1p9 27 if original proprietor falls to axecuW and file plat as required by said section. July 24, 1964 Mr. %Falter L. Saur Fayette County Attorney 2 Last Charles Oglwcin, Iowa Darr \fr. Saur. This is in reply to your recent rI "One of the cities of this tour a few months ago issued in ult building permit, to anyone unless sons who originallyppurchased tl faced with the pralicamcnt of tumble tobuild or atld to cot axis Lion is farther complicated in lend itself to an owner platting the County Auditor and requestc Section 409.27. In accordance follows; for an opinion wherein you state: I n population of less than 12,000 I that it w•nuld no 'lunger grant a land be platted, Thus, those per - Id by metas alul bounds are now pplatting their Property or being Biding on this property, the situa- tction 409.1 apparently docs riot Its lot. Thus, the city has gone to she cause a plat to be made under ith, the questfaas have arisen as "1. As set forth in Section 409.27, who is an original Proprictora 2. Is it the duty of the Auditor to cause a plat to be made, 'when- ever the original proprietor ° • ° has sold or conveyed any put there- of as set forth in Section 40927? Section 409.1, in part, provides: "Every ongniA proprietor of any tract or Parcel of land, w•ho hs sub- ;w1ded, ra •hall bawafter subdivide the same into three or more parts for tl,• puq..Jsc of laying out .1 town or city or addition thereto, or part therwf, or suburban Ints, shall cause ° a plat of such subdivision 0 • 0 to be made 0 • °" Section 409.27, in part, prcvhlcs: "Whenever the original, limprictor of any auhdfdi in, a city having a popuhatgoa ' 0 ' .. f less Lysin I sold or conveyed any part'thercof • ° and he 'I. to: execute and Cie for rco!nd a plat as provided county auditor shall . • • notify seric or all of Si miind its execution If such owners. y ° °' fail ar execute and file said plat far recon?, the conr:ly d;'? to. he made • ° ° .or 1 -ad InajII,,, r tim:c^s,'.(qnae 1 afid n 419 -,od his chap:cr,Il the iwiscrs, an dc- Since the several sections orf any ono statute must) construed tri •ether, the wordq "the original proprietor, as used in §409."i(,� must ncescnalr refer, to the "original proprietor wi im"I in V09.1. I. In 1962 O.A.C. at page 14, it was stated with reni�d tq the pmciiions of §4099.1. J "It is clear from this sectilin that the only oxSginaownrac ra7uir d to Ole plats are those who subdivide any��parccl or t;n I of �e:tl tltt9 miry orlin into three of more partsi and thqu only if they III sa!!! thg:tju of laying out a town or cily'or a part;, or addilionel E a ltoua In suburban lots. For examplij,if A ow¢y n parcel � arxl txry,'v' ys a part of it to B. then conveyls the remaining part iIt 1 Q who tX!rnY I's L Portion of the part he rccciges to D,11icre is no n'r - " : t..a,' o i bei filed because no one nniprictoc has subdivide L intd tbror '. cm Irtnrts, although the panel ac briginallyr owned by � i� m(e throe sc 'histo tincts ° .'III summary, du uriginap clwnor riepiiied to file 1i lot 19 One %01 s;rh- divides. his I nil land iirtu three or mnrts Para•Is for�lt purpose. of, I viug nut a town or city or n ;alit or addition theret-qI A sttbu$t ti avf This would also be applit-tlile to the words "thgl ' ' prapti or" as. used in §409,27. The answer to your second question is in the z1&;r1jel e, sincC �tll ` word "shall" as used in §409.27 uausl; be construed to be 1ja adstoty- 2.2 CITIES AND TOWNS-. Conference !leant, on r 363.7, 363A.2(6), 363.1, 199' 2 We; Ch. 23.1, cities in Iowa that have city n1s; or is ex-olficho aha la an , and any vote that ipalfor maY have in re14L iveltters u limited to voting wjth city council vvhaa'i conference board. Mr,,Ballard B. Tipton Director of Property Tim lowa State Tax Commission LO;CAL Dear Mr. Tipton: Reference is male to youc MIcut rcgnest for all "Che question has burn ppFsented'i to tlu- Trap tilc membershi r of a city coiplcrcnco !Iidard 1111.1 4412, Code Iowa, 1003, ,lad inasnu,ch as it ithso with respect to a mal of ,the 21 city c N 01 u'eon—ja bila—o{�� •G:>.S •I s EOtlu C 4 " yayror of mw M city' nor serener c t0 CPniciCMg�r bruit acts at volrnl� unit of )h1.x h3.196i "ion oa il'g:'fr living, > Tps: ,Divisinn a, to aro�iciirrc of Section a gvi6tion, thllt can ranee,bmrdc Ila the rl F-3) 12 L Y II J CHAPTER 2 CITIES AND TOWNS A CtJ B I E S' 1)1_ j• (J S r STAFF OPINIONS Icily CLERK i • A..odom y,n!% and P10Pr-iII01V 26 Libre,-.- maintenance turd, u".espoeded balance 2.2 r,a.l Con.reccc board, eomposdtan 2 7 Park board commissinnm, bonding 2.3 2, Cgnaccs,'0.1 estate installment reau. er:crds IncompabD,l•ry, Gly Attorney. 2.8 Planar, commissions, p..,, 2.5 Jusnca of Peace 2.9 Plan r,g of rwol lands Jurisd,chon 2.10 Policemen's pension fund, termination LETTER OPINIONS 2.11 Cemeler lo•s 2 13 Councd proceedings• publication 2 12 C,r., Goran. fund, w,thd:acral of .ones appropriated 2,1 CITIES A\D TOWNS: Auditor's plats and proprietors plats—§§409.1, 4G9 27, 1952 Cudc (1) 'Original proprietor' is anginal owner who subdivides his own land n.to three or more parcels for purpose of laying out town or say, or part, or .rddlGon, or suburb thereto. (21 Mandatory for auditor to ;c:np:y v .th ;1p9 27 if original proprietor falls to axecuW and file plat as required by said section. July 24, 1964 Mr. %Falter L. Saur Fayette County Attorney 2 Last Charles Oglwcin, Iowa Darr \fr. Saur. This is in reply to your recent rI "One of the cities of this tour a few months ago issued in ult building permit, to anyone unless sons who originallyppurchased tl faced with the pralicamcnt of tumble tobuild or atld to cot axis Lion is farther complicated in lend itself to an owner platting the County Auditor and requestc Section 409.27. In accordance follows; for an opinion wherein you state: I n population of less than 12,000 I that it w•nuld no 'lunger grant a land be platted, Thus, those per - Id by metas alul bounds are now pplatting their Property or being Biding on this property, the situa- tction 409.1 apparently docs riot Its lot. Thus, the city has gone to she cause a plat to be made under ith, the questfaas have arisen as "1. As set forth in Section 409.27, who is an original Proprictora 2. Is it the duty of the Auditor to cause a plat to be made, 'when- ever the original proprietor ° • ° has sold or conveyed any put there- of as set forth in Section 40927? Section 409.1, in part, provides: "Every ongniA proprietor of any tract or Parcel of land, w•ho hs sub- ;w1ded, ra •hall bawafter subdivide the same into three or more parts for tl,• puq..Jsc of laying out .1 town or city or addition thereto, or part therwf, or suburban Ints, shall cause ° a plat of such subdivision 0 • 0 to be made 0 • °" Section 409.27, in part, prcvhlcs: "Whenever the original, limprictor of any auhdfdi in, a city having a popuhatgoa ' 0 ' .. f less Lysin I sold or conveyed any part'thercof • ° and he 'I. to: execute and Cie for rco!nd a plat as provided county auditor shall . • • notify seric or all of Si miind its execution If such owners. y ° °' fail ar execute and file said plat far recon?, the conr:ly d;'? to. he made • ° ° .or 1 -ad InajII,,, r tim:c^s,'.(qnae 1 afid n 419 -,od his chap:cr,Il the iwiscrs, an dc- Since the several sections orf any ono statute must) construed tri •ether, the wordq "the original proprietor, as used in §409."i(,� must ncescnalr refer, to the "original proprietor wi im"I in V09.1. I. In 1962 O.A.C. at page 14, it was stated with reni�d tq the pmciiions of §4099.1. J "It is clear from this sectilin that the only oxSginaownrac ra7uir d to Ole plats are those who subdivide any��parccl or t;n I of �e:tl tltt9 miry orlin into three of more partsi and thqu only if they III sa!!! thg:tju of laying out a town or cily'or a part;, or addilionel E a ltoua In suburban lots. For examplij,if A ow¢y n parcel � arxl txry,'v' ys a part of it to B. then conveyls the remaining part iIt 1 Q who tX!rnY I's L Portion of the part he rccciges to D,11icre is no n'r - " : t..a,' o i bei filed because no one nniprictoc has subdivide L intd tbror '. cm Irtnrts, although the panel ac briginallyr owned by � i� m(e throe sc 'histo tincts ° .'III summary, du uriginap clwnor riepiiied to file 1i lot 19 One %01 s;rh- divides. his I nil land iirtu three or mnrts Para•Is for�lt purpose. of, I viug nut a town or city or n ;alit or addition theret-qI A sttbu$t ti avf This would also be applit-tlile to the words "thgl ' ' prapti or" as. used in §409,27. The answer to your second question is in the z1&;r1jel e, sincC �tll ` word "shall" as used in §409.27 uausl; be construed to be 1ja adstoty- 2.2 CITIES AND TOWNS-. Conference !leant, on r 363.7, 363A.2(6), 363.1, 199' 2 We; Ch. 23.1, cities in Iowa that have city n1s; or is ex-olficho aha la an , and any vote that ipalfor maY have in re14L iveltters u limited to voting wjth city council vvhaa'i conference board. Mr,,Ballard B. Tipton Director of Property Tim lowa State Tax Commission LO;CAL Dear Mr. Tipton: Reference is male to youc MIcut rcgnest for all "Che question has burn ppFsented'i to tlu- Trap tilc membershi r of a city coiplcrcnco !Iidard 1111.1 4412, Code Iowa, 1003, ,lad inasnu,ch as it ithso with respect to a mal of ,the 21 city c N 01 u'eon—ja bila—o{�� •G:>.S •I s EOtlu C 4 " yayror of mw M city' nor serener c t0 CPniciCMg�r bruit acts at volrnl� unit of )h1.x h3.196i "ion oa il'g:'fr living, > Tps: ,Divisinn a, to aro�iciirrc of Section a gvi6tion, thllt can ranee,bmrdc Ila the J4 CidAPTER 3 CITIES AND TOWNS F ' }less subdivided into la ' bwncd by A is now res " or ;;upra Irsts, 1,11 01;eh dm STAFF OPINIONS ' " As 7.1 Aad:!or•t 11111 e.d �l _ .. S t�Cts, �jxl rayl" y •7 Au+mJY c' Incl P•ePrielor't Platt 3.11 Paring — eeh0 7.7 Ga o•dh[ nee • ewtrt t - noolar;grt _ J n 909.1 t sad J•t C., se 3.17 Pu6heaf 1. _ r mtq a--• o _ 4'n fort Pro ' cs• 7-3 Con. ' ° a•o ^ofional Dramin 7.17 eeno,u. c( rc< v J I , ` j.. 1 C "�10 3.6 M act, ho.", a!i on ] N 3arw one ' PAN" o!hevt �-' T ' — lJ .7 a County •lud1tOr;Or mco bentli:cd Lm dnlriClt _ Cit _ ' mit to be filed or record ider steal c o 10Pda' tast+tet for, Pcrman J 13 Street 9 nr61 Pelmnt ^�/` Crl, any i ^ hCj�@c rraRrd roe P e%.,•c J . er enpY J.IL 3ubdiv iiv+o'cnenr C1,Llll\ having a laPlat ,., 3 7 • .1 1 f e+ and plan Co.eomirtisslon o eahizcd and tllsin a; c+,r ., • of an Per• tcgal praptr V tar « em Policemen 7.17 Tin, Pala under, t Y sire 7.E legal lees or t plluion 7,19 Tr1.ss cord funds of dtp ,;h " s Pin xyo;ts dfaPter 373, 7.10 Ordlnauc ct u 7.19 volunlcer Emmen P laking d;«r;minalion in Section 409,27 nrFrale F,cu:,nq 12,000 and after proytdcs that the count •ata i Certain St:tlllln 7 (+igpprrl(VLI, for'ti � of jean, than the original, ro q! PtoGcduresy;.Iee �'�ei1c'lL LETTER OPINIONS P Prictor'huiftilcd ao do so,.It "t r Plat whoa do so when the tows ii less than 12,000 pop L. � u t thea di �.M. nnneveYon, It.Ying bad a DJan corn I t°r oaa'°nI 1! /Imn«elmn a/lett upon prbalo tight, 3.76 Inj.,,C. p"" ;• misalOn, thea 11409.1,Q If not O�'� � l7 Ips d0 not have 1•enchua v. 1'ighvly commin;oner §40928 st 1 _ end ce ares that thrall oe p At IT Iter �� T71 �uPod!y to r1e• t 7,77 r comd of auerymenr m<mhert ledged, and recorded 6 1,5' tet u •" o agmemanl Ltcnti•9 a•d «qulelian o: mob;te home been ful Y the o+Vn,ersi that is, rP - , 1 L1 .n such Cates :f ni uif acknow• 'a+qt PI mme oar;, 1 compliance i Freditxx $ there had Coalrech bsMeen sown and coon 3.29 Pert ha,y wl?h §409.L1;"e, 7.73 Firo depe•:nnt county 3.79 P., u5".f:et funds In a city it town with d t than 32 OCU Pop tion, the auditor 1 regwreti to fila, and ha�:nT Lan coo 3.1 red in 1409,14 In sui:h casts th auditor1.9of Tie ht u s r CITIES under §409.27, but wilt not be able to ief•i� 'D FS A\D TO}y�IS: Auditor's " ro the Plat 909:14, 409 27, 409.28, 1962 Code, plats and eom+nission has apprgveii it tinder 11409.14.' §40929 nut the plan; Proprietor's Plats—§§409,1, h^ prepared by an original owner in An onganal P-Prictor's Plat must In summary, an original i tune land tato or it more parts (or the a sttbdisiycs any tract or a his osvn land into thre ( ; caguircd to fde' o%apart or a:IdiNon thereof. 2 P +pose of laying parcel of or cit •ora e�or more parcels for thejf 1t � ss Me 1, subdividtt inhere the ongin.d proprietor ails to Auditors so, but Dal my out a town or city' p Plat or addition thcrc;a or a, suburl�thF ewe �aaatl ria ? S ) •Auditors plats an be prcliarod and filed vides an independent film '<oi, Scciiu�l -+09,2 pita_ 1?,000 population not halm a y fn towns of less than not circumvent the filing in some c 16ubsa S plan commission• app)icab]c. �tliromcnts, r>f §409Ja Di Poticcdurt Pra- y ea shave r0cjw meats ase Mr. }Vatter P. Williams December 2 a Acting Director 1, 196_ 3.2 j Imva Development Commission c -W Jewett Building CITIES AND TOWN& Awihori Da Moines 9, Iowa Code, The fence vie ry, of fence yylly._ fSjg.29„ i n a city is one of thesis hove am au Mont a9..i, 19SB Dear \fr. iVilliams: Artier to @: ' Y sn i. %M, aad '1 and viewer, the controvt sl'ould S coatroversy;i ii d it al, whose This is in reply rs,Y I be dctermined' ly t4 i ALI the fence p y to your letter of recent date in which you ItaMies hliemttj,= tions in regard to plats under Chapter 409 of the Code u follows,; Afro Cordon L., Winkel Ave;q mired qua. 13, 1962 "7. The question that arises from 409, Algona, County Attomell III fila a plat? 1 is: }Vho is the Original Algona, Iowa nginal owner Dear Mr. Winkel. "2. The question that arises from 409.27 is; i in communities of less than 12 Can the ' tat b ' Section 409.1 of the Code of Iowa :" Pa elrcums•ent Section Y auditor' Reference is herein made, to ]our letter in a Part pmsida: 409.14, following- p'°n 3,31t fitted "Subdivisions or additions, Every original ro the parcel re land, who has subdivided, or shall heir ft �t¢ubdisid the same "I would like to request ;an :Attorney Cenen�� into three or more Y tract , .of the fence viewers under ,chapter 113 of the C' � on, thl I or addition thcrcto, outs, for the purpose of !aping out a to fern slated simjaly is whether; or tio, 13 tawgshi' Iowa Pan thercot, owers or suburban Ion,, „• n r`'IM °r city, �to determine a line fencE uec uvteliar�tiorts�ry It a echo from this section that the onl or mlmieipality and ad .6111 i bS u pr°Pe�yr felon is Plats arc those who subdivide an a Y orf%nal owners rcqufred to file within an adjoining tow', , Panpsrty bdot>Sia t. .a �gm 11 �o liw shred or more Parts and then only Pf they do so of land they maX own into a town or city or a part or addition th a 'Own for the Purpose of ,la w "The facts stated in more 13ettil a' • 'n e�tnPle, if A owns a svrt or city or soba p S out A- suw•1 Piece Of Smund an(1 the R tside� b Wit'; y�t•� veys rhe remaining Parcel of land and eo +ban lots, For r•tY limit bound, q f A>•S° .h owns to s there s ni part l0 C, who conve mCyr o Part e( it to B, then con• ,uY. Directly adjacent to this �q Smt4rac the limit line is a Piece of d requirement that a la[ ba �°rtion of the part he receives slusated within an ad' 'h1OIKRY mvned h• a ; '�PO�r~ 4 U4' P e Ilea because no one proprietor has requested thatJoining townsisip of the ro� wktue m ity is fence, [he city mainjayah a. rcuona, ' `The 1js10 +miner The land owner keeps liveto4$ On his r�� rPn o; th Iia j�1'�d, the{el' , it . OMM ac CMC CEHfEp, 'k0E Wi.SM�i ON 51: POW;, CI�Y. IOWh` 40 V 31[i.354gaw l s.° November 9, 1976 _,..�... This letter was also sent to~''"�w Mr. George Nagle r W. Ed ThomasMr.jKen ¢lbrec c/o Nagle Lumber Mr. Earl Yoder Wf Frank' Boyd 1201 S. Gilbert Mr. Dick &-Greedy Mr. Tom Alberh Iowa City, Iowa 52240 Mr. Bruce Glasgow Dear George: --- - — Neal and I appreciated the opportunity to meet with you Sunday night and talk over areas of concern. Neal, Gene and myself met the fcillowing morning and discussed all subjects in detail. At this time, we do not have too many answers, but I did want to, let you know what progress we have made to date and what we have planned for the future. First, we have asked William Lindley, our consultant on starmwater management, to Met with you in the next: few weeks to go over the Storm - water Management 'Ordinance from a land. developers point of vifew. Bill has worked with the development of land .for several years and we believe he can explain in more detail the benefits to the landowner from storm - water management. We are trying to get this scheduled the end of November or the first of December and we will be back in touch later. Attached to this letter I have enclosed a page with some of the reasons why backyard sewers cause us so many problems. At this time, I cannot see many ways to solve some of the problems3 however, with your experience' in subdivision wqrk, perhaps there are solutions we are not aware af. In any case, we i�,ould appreciate it if you would look this st1eet over and see if there are some conditions in which it would_be_po$siblemto— locate sewers in the rear yards. We are reviewing ;our policy of requiring Neenah castings. As we discussed Sunday night, there are no .'umnediate plans t(b.ehange backfill requirements in Iowa City. The present orange bods', states, that a trench shall be backfilled with suitable material compacted to 90% modified Proctor Density. I have enclosed a draft outline o.E an ordinance that I have been working on for the Iasi: six to eight months;: This. ordinance is still in rough form, but you may find it of intierest, if this subject comes up in the future. Gene and I have talked over our subdivision review process. You were right in stating that we have not been making Contact with engineers or owners when reviewing the preliminary plats,, All of our cotmhunications. have been going to the Community Development Department. Neal is now working on a way .to set up communications between 'Community :Development and either yourself or your engineer prior to items going to Planning and Zoning. When, Engineering reviews actual; subdivision construction plans, we do comnimicate directly with your engineer.,,,We have relied upon your engineer to keep you posted on the status of construction start sendiaig you plans, but if this has not been happening, we ca copies of our communications. You will have 'to let us know how you would like to handle this. Gene and I spent the majority of our time talking about how we can work better with the people who are developing Iowa City. As I mentioned Sunday night, the City Engineer, myself, the City Manager and all other City personnel are, under severe constraints because of the large number of ordinances, resolutions, policy guidelines, etc. that govern City, work. We do not believe we can change these in any significant manner; however, it is our desire to make things run as smoothly as possible and with as little friction as possible. Both Gene and myself wolnt to talk these things out with you before little problems become big Iiroblems.. As you hit snags in your development, we'would appreciate it'if you would contact either one of us directly so we can talk it ovf;r before it becomes a serious matter. I continue to have; complete confidence in Gene's ability and.as I pointed out Sunday night, I believe :h many cases Gene has been held responsible for many situations ovet which,he has no control. Gene has stated that it is his desire to work as closely as possible with you and I would hope everyone can meet half=way on this. Sincerely, Richard J. Plastino Director of Public Works 3h cc: City Council R.C. Gen. Corres. File Ed Brinton • • November 10, 1976 DIFFICULTIES WITH BACKYARD SEIVER LOCATION The City's experience with sewers in back lot lines is not good. Thera: are many locations where we must remove fences to get access to a manhole to remove stoppages that are causing sewage to back into basements. As you can ;imagine, under these circumstances, property owners are not. easy to deal with. The property owner whose basement is flooding does not care what needs to be done to get to the obstruction, but surrounding property owners are enraged when we start across their property, In many subdivisions there is just no access to manholes. These subdi, isions have a ten foot (10') easement, but in some cases 'these easements end ;in the middle of a development. Access is available from one end only. Throughout the City, most property owners erect chain link and wooden fences, sheds, trees, shrubs and gardens. Normally, access is,cut off or seriously restricted. Even with a clear shot at the manhole, during rainy spells or when frost is going out, it is extremely difficult to get equipment across 'the yard to the manholes. Homeowners are almost impossible to work with under these conditions and of course, the time necessary to get to the restriction in the sewer is greatly increased. Location of sanitary sewer manholes in a more readily accessible place alleviates most of the problems. Perhaps the thing that makes it so bad is that these problems do not remain static. As neighborhoods become more established, more and more paraphernalia, such as trees, buildings, etc. pop up in backyards and make the problem even more difficult. During the winter we are faced with the problem of finding the sanitary sewer manhole. In many cases they have been buried under soil and even when they are above the ground, they became covered iTith snow. Locating sewers in the front yard does not completely eliminate this problem, but it helps. The perfect situation would.be construction of sanitary sewers right down the middle of the street if we could prevent all the slab cracking that is. occurring. With the sanitary sewer in -the middle of the street, water could be put: on one side and gas on the other. We do not have any foolproof ideas on how Concrete cracking in streets can be solved. �I johnson county ' �C'!'�:� t:0-: regional' planning commission 1 T� _,•%'• 'rill, •Lir ..0 p„ .h, ., I rrw�„ �t� .:., '4 � I'I't1,9.1 YY ' •, t', he� yrn� ,_ October 29 197(1 Mr. Neal Berlin City Manager Civic Center Iowa City, TA 52240 Dear Mr. Berlin: We recently received the attached letter and related cost estimate summary for your information, and review from the .Iowa Department of Transportation relative to the non -diagonal bypass alternatives of the proposed Freeway 518. It should be noted that if a facility was to be con- structed on one of the alternatives, IDOT assumed that there would be ,z :Cour-lane construction on Cour-lane right-of-way or two-lane construction; on a four -lane right-of-way. A two lane facility on a ,two lane right- of-way was not included in any of the alternatives. The Commission's Transportation Policy Committee, Tech- nical Committee, and Citizens' Advisory Committee Te Transportation (CAGY) are also being advis ed Committee thion s information and may be meeting in the next few weeks to discuss it. Si>-ercly, Emil L. Brandt' Executive Director CC: Bob Humphrey Don Ward Stanley Good, Chairman, Policy Committee Dick Plastino, Chairman, Technical; Committee Jim Harris, Chairman CACI Jim Saag Isabel Turner 04 OF T)?.,I�• • Rk, o W~ 7 « iowA PLANNING AND RESEARCH DIVISION 826 LINCOLN WAY AMES IOWA 50010 515.296.1661 October 25, 1976 REF. N0, 708..540 Mr. Emil L. Brandt JOHNSON cGJ;, ', Executive Director Rcafvit�,� Johnson County Regional Planning Commission Q CT 2.' ?97S 22� South Dubuque Street Iowa City, Lowa 52240 LA C9, �t�•l j Dear Mr. Brandt: As per our discussion of September 28, 1976, we have completed a rather limited study to develop cost estimates for the nondiagona'l bypasses numbered 5A, 58,. 6A and 6B which are identified on the attached maps. For comparison purposes all alternatives begin at Iowa 92 and terminate at I7380. In analyzing these alternatives, we assumed that there would be four -lane construction on four - lane right-of-way or two-lar:e construction on four -lane right-of-way. Any of the alternatives utilizing a nond:iagonal urban bypass are considerably more expensive to construct .than the proposed arterial 518 discussed in the Environmental Impact Statement. Four -lane construction on Alternative 5A woul'd cost approximately $53.5 million; two-lane constructions on four -lane rigjht-of-way would cost approximately $34.0 million. Four-lane while two-lane tconstructionlonrfour-lane right-ofswaypwouldmCostyapproximately, $38.5 million. Four-lane and two-lane nconstruction ontfourtlaneive 56rf,ghtlofcway wouldxCosteapproximatelyion $35.7 million. Four -lane construction on Alternative 6B would cost approximately $60.2 :jnillion! and two-lane construction on four -la $39.6 million, ne right-of-way would cost approximately The attached chart reflects a comparison Of costs, roadway mileage and right-of-way, requirements between the non -diagonal alternatives and the proposed location of Arterial 518, as shown in the Environmental Impact Statement. A nondiag6nal COMMISSIONERS BARBARA D es CaLD K. GA DONALD RIPIds N.GARONER STEPHEN GARST WILLIAM F. Coon R,pi�, M�Irof, M, Mom Des CGRATH ROBERTR.RIGLER L STANLEYSCHOCLERMAN, .ALLAN New H,amPian Sprncx Ousu 0 Mr. Emil L. BCandt October 25, 1976 Page Two 0 alternative costs considerably more than the This is due to several factors including the Fact that the alterriatiges are proposed diagonal 518 routing. uire probablyabeladditionales lccosts er involved because of ructurfs. The e-woroadmileage being needed when tr i There yyould also also be more homes trying to utilize existing facilities, and therq would acres for right-of�way�andfservedlesshtrafficagonal alternatives require more If you have any questions concerning this infotmation, please feel free to contact us. DGW:kmr Attachment cc: Raymond L. Kassel Very i:ruly yours, I f, .Jl;,\ Donald G. Ward, Director Office of Advance Planning 11d J01'I�1! ,1:,11 t;,1!;ILI!af'IU... la'AI;•l1 • m �:-.. ��� •,' dvP4t{q rnn.r r.eba •rnooa' 9r f/IIrM1 Cl ..n•ouvan.i R.e.n tn. , :?i{1!IIiI(ita((EfI(Ellfll€!f(it!!iti(i(it;€€€!!€([ttt:!![iICR!'::iileEi�ialliLt:: fj .. i. n•r+ ai .. ., u,< • a r '"n 'i.,.q.n q. s tis 1+ . , ur. , „ r bi.uu.n + f: r4,• : , t+�. - 1 t •., Iriru �ti . . a. x.rl ul,n b n,• . Ree.Oq:aul Y'..n ligV "^'� So.•: {,•. 4i. ta•s ,� r.. -gtuan rHb {.•r.. 11 t, ..y !IIIIIIiiI!t!lIIIIIIE''t'Glit!III€!€lifil iltl.!€E 11fit ltl!llt"Ill HUM ;i miii i.a i.•. ...ia, .i..... . .l. .. t. l.i 1 .r v..Rrl i.a fV• •..�. 1 S:d .. '.1' . .. ••: vvn C� in - ytu. u.Mit., ,.1 .! Ill unn at'' .... � ,.. 1.. I,I(I€!Il!t1llI11!It(!i!1lIEIIIli(IiIIlit�1l111fll!llillil!lIIiL'I!(I!€Ul11lit 11 ARTERIAL HIGHWX( 518 (Johnson and Washington Counties) From Ia. Hwy. 92 to I-80 COST ESTIMATE SUMMARY ROWabf i Acres Additional Roadwa & Structures TOTAL Alternate Total Usable Additional ROW Cost Project Na. of Cost COST (Mi3lions Identification Required State -Owned Needed (Millions) Length Mi_,. Lanes Millions, CACT 5A 1590 870 720 $2.5 32.0 4 553.5 Near Ia. Cy. 1590 870 720 2.5 32.0 2 31.5 34_, I. New Align. CACT 6A Near Ia. Cy. 1670 345 1325 4.5 32.7 4 54.3 I' 58.8 38.5 I Existing Align. 1670 345 1325 4.5 32.7 2 34-0 U.S. 218 ;. 5CT B 1620 600 1020 3.5 32.0 4 53.8 57.3 Near Hills 1620 600 1020 3.5 32,0 2 32.2- 35.;i New Align. CACT 6B Near Hills 1700 305 1395 4.8 32.7 4 2 55.4 " 34.8 60.� 39:� Existing Align. 1700 305 1395 4.8 32.7 U.S. 218 Ia D0518 EIS 1505 870 635 2.2 29.7 4 j 49.7' 51.3c New Align. 1505 870 635 2.2 29.7 2 30.0: II 32-2 i' NOTES: a. Reflects acreage requirements for a 4-L Divided Highway. b. Includes S0.9 million cost of relocating Iowa Highway 92. c. Reflects costs shown in EIS;plus Engineering Costs. ; I. j 0 6 Minutes of the Staff Meeting October 27, 1976 Agenda Items were reviewed. Copies of Lyle Seydel's presentatic?gym at Mondays informal meeting will be sent to, Council in the Friday, p5 cket. Don Nein was asked to investigate the Duncan Meters if free or extra time is allowed. Debbie Rauh was asked to moot early next week With the City Manager to review the revenue sharing allocation for this coming year. Mel .Jones: reported that the figures the City received may have been for orgy three quarters instead of four. Mel ,Jones was asked to prepare figures of the revenue sharing aJ:locations over the last three years and the current projections for next )tear. This information is to be sent to the Council. The mobile home tenants appeared before the Council meeting last night and were instructed to contact Tony Kushnir. A memo is being drafted to go to Public Works, Building :Inspectors, Community Development, 1 -lousing Inspectors concerning inspections in all of the mobile home parks within the Iowa City area and provide n written report of violations within a two week period. The inspection is to be made of the park itself and not the mobile homes. Such things that should be included are the electrical services, sewer, connections, trash, refuse pickup. 'Ilio Susaki contract was approved by the Council. Dalo Flannery was appointed to the Electrical Board. The Director of Public Works will discuss Bryn Mayre Heights with the developer, Earl Yoder. The Director of public Works was asked to investigate the thirty-five mile an hour speed limit from Rochester Street to 7th Avenue. This information should be reported to Councilman vevera. Public Works was also asked to investigate private trash collection on south Dubuque Street. Trash is left in front of commercial businesses for several days at a time. City Council approved the transfer of the Goody Shop to the new owner. The Frantz subdivision was defeated by the: Council. Director ;of Public Works was asked to contact the developer with the information that the Council would be more favorable to approving a PAD so they wound be assured that the property would be developed as the developer said it would be, The Council was concerned about the density of the alrea and the capability of the sewer at that location. Linda Schreiber was asked to check with Dennis Kraft to be sure that a staff meeting had been arranged to discuss the administration;of the tree ordinance. Minutes • Oct. 27, 1976 Page 2 Lyle Seydel'was asked to convey the message to Bruce Burke to attend tlj next Council meeting to discuss the, history of the Oakes property at Ij Avenue, The rental fees and occupahcy-permits, were al;;o discussGdr Jy Seydel was asked to ,investigate those., . The Director of Public Works was asked to separate Cod(p WorSement #roq the Engineering budget for FY 78, The staff was reminded that November 11 would be a holiday and that the Council agenda for November 16 would. be prepared on Noyember 10. Steve Rynecki; will be here this afternoon at 1:30 to discuss gr evar}ce handling with the staff and division,heads, -71 Minutes City/University Meeting October 13, 1976 Data Processing Conference Room Those in attendance were Dick Gibson, Mel Jones, Dennis Krsft, Ray Mossman and Dick Plastino, 1) Traffic Signal at the Intersection of M� a—e �indI Woolf — - -' A proposed final draft of the agreement between was develo ed, the City and the gniversit Thi , P s will be typed, in draft form and transmitted to Mr. Plastino fog; further consideration by the City staff., 2) Re uests for Sto Si s plon TLdieon at Inns Washington, Jefferson and Market -- Mr, Plastino indicated that over the years a number Of studies have been made_ of the V pedestrian/autq cosiflict at these intersections and there seems to be! no real antiEfactory solution the problem, He pointed out that presently it is planned,as a part of the Urban Renewal Program, to restrict traffic on Washington. Street between. Clinton and Madison to buses and other emergency traffic. This of course will reduce the problem at Washington and Madison. In addition, Mr„ Plastint Pointed out that at the present time the only, way it is poseiible to install stop signs at intersections is through Council resolution, Mr. Plastino will be corresponding with 2&. Mossman at an early date concerning this matter, 3) Sewer Service Char Mr, MOaSlaan indicated that the study being made for the University is in draft form and the final report will be available by the first of November. 4) Urban Renewal -- Mr, Gibson reported that he had been talking, with Paul Glavea about the status of the Bell -Short property, The status I 2 • - 2 • of this particular property is at interest because Hodne/Stagebeig, the campus planners, do want to consider this as a potential site for the Lindquist Center. If some reasonable assurance cannot be given Oithin two to four weeks that the property can be acquired by the City mind made available to the University, then consideration of the site will of necessity be discontinued. 5) Finkbine Commuter Bikeway -- This program has received nbmber one ranking of those submitted in the Iowa, NebrAska,, Kansas and Missouri district. It is now in Washington for final review and approval And appears quite likely to be funded. I am Attaching a copy of the project cont portion of the grant application for the project. 6) Street Signing -- Dick Gibson reported that final agreemeht has been received from the Highway Commission on the placement of signs on the interstate and primary highways. In most instances within the city limits it has been possible to locate signs on University property. There are however three or four placements which will require permission by ithe City to place signs in parkway. Mr. Gibson is negotiating with Mr. Brachtel about these situations. 7) UMTA Grant -- Bids on the buses are to be opened October 29. It appears that GM does not intend to submit a bid an these buses. 8) Traffic Planning -- Mr. Gibson reported ithat there was a. joint meeting of the policy and technical committees for the Area Transportation Study and it is their recommendation that the consultant be directed to develop consultant recommendations for three situations (auto domilant, transit dominant and a third of some compromise between the two exttemes). These proposals are to assume 518 as originally conceived by the Hilthway Commission. This work is to be ready by the first of the year. 0 _3_ Once this information is available, it will be possible fox.' the City and the University together with coralville and University Heights to develop some programs that will be responsive to the needs. ITEM F: Bikeway Demonstration Grant Application Finkbine Commuter Bikeway PROJECT COSTS (Preliminary Cost Estimate, 6 May 1976) 1. SUB -GRADE PREPARATION AND ASPHALT PATH . . . . . . . ... 4" x 8 ft. wide from 1st Avenue on West to University of Iowa Recreation Building on east. 2. DRAINAGE STRUCTURES . . . . . . . . . . . Two culverts. 3. SHOULDER RESTORATION . . . . . . . . • . . Grading, filling and seeding. 4. SIGNAGE . . . . . . . . . . . . . . . . . . . . . . . . . . Bikeway signs, electric street crossing signal at 1st Avenue. (Subtotal items 1, 24 3 and 4 - $55,500.00) 5. CONSTRUCTION CONTINGENCIES . . , . . . . . , , • • • • • • . $ 36,700,00 61300.00 5;,250.00 5:250.00 i 2,700.00 5% of Items 1, 20, 3 and 4 I 6. PRELIMINARY DESIGN . . . . . . . . . . . . • • , • • • • , :300.00 Siting of route, cost estimates, planning; 7• FINAL DESIGN AND CONSTRUCTION SUPERVISI©N . . . . . . . . ... 6,000.00 Construction docum6nts,•site inspection, quality control. construction administration. TOTAL PROJECT COSTS $ 6f.c500.00 BREAKDOWN OF FUNDING SOURCES Federal Share - 80% Local Share - 20% Project GREEN University of Iowa City of Coralville City of Iona City . . . . . . . . . . $ 53..200,00 ' $10.000.00 2.000.00 1,000.00 300.00 . . . . . . . • . . 13,300.00,; I COMMfTIT-U ON COMMUNITY NEEDS November 4, 1976 1. Andrea Mauer 1015 Oakcrest, A (Chairperson) pt 2-I hm 35I-5350 2• Sharon J. Bonney 602 First Avenue (Co -Chairperson) ha 358-7717,, wk 353 3. Ilorace Amidon 830 N. Dodge hm 338-6.435 4. Gary Askerooth R. It. 5, -Box 6, Iowa City S. Ron Bohlken hm 3S4 -5997, wk 353-4' 1906 Broadway, Apt„ II1 hm <{38-0764 6. Ira Bolnick 525 Iowa Avenue 7. Doris E. Bridgeman hm 338-8619,, I wk 353-4j 2404 Bartelt Road m 35.1-6639, wk 338-8;t B. Mary Coogan 2711 E. Court Street hm 338-6842 `J. William M. Dennis 702 Iowa Avenue hm 3.38-8861 10. Jim Hall 712 Second Avenue hm 3;0'-5365 11. Robert llibbs 606 Reno 12. David Ilintzc hm 3ti8-3175, qik 3S4 -4q;, 129 Alpine Court hm 13. William M. Kinnamon 2029 U. Street .i5�1-5873, ilk ii3-9; 14. Kristina Nielson I'm 351-5743 1039h College Street hm 351-1255, 15. Florence Stockman 2514 Potomac Drive wk 338-1811 hm 3373-2792, Wk 351-026 I 4 Police Department Monthly Report October, 1976 General Activities in all Divisions continued at a relatively high level. The Department received 2,439 citizen generated re- � quests for law enforcement services; effected 2,Q36, arrests. (1,390, parking; 513 traffic violations; and 133 all other). One bank roLbery was reported. This and a number of other cases were referred to the Detective Division for follow-up investigation. Personnel of the Animal Control Division received a total 227 requests for service; impounded 235 animals; issued 67 tickets for various violationsi and picked up 15 wild animals of assorted denominations. Stat- istical. data ape appended to this report. Personnel A total of twenty-three officers attended five tre.ining programs in several locations throughout -the State- In the aggregate, 472 hours of police related trainirg was provided. The Iowa highway Safety Admi.nstration approved a $26,000, &,.alit to implement an Alcohol Safety Action Progr4lm (A.S.A,P.)„ in the Iowa City Police Department. Patrolman Dixon is assign- ed as the primary operating officer of this unit. A vesicle and equipment is on order. Costs will be reimbursed by the Feds. Nancy ;ar�duck was hired as the rotating dispatcher. Look out E. E. A., here we come'. Goals Tom Struve, Purchasing Agent is Preparing documentatioai for construction bidding on the locker room for women officers. Council received information on the need for and possible funding sources of the new communications system. The City Engineer and Captain Stock visited 'the outdoor firing range at Cedar Rapids. Anyone know of any, property that c..in be leased or otherwise acquired (at very low cost) for s;uiilar purposes in the Iowa City area? Such a faciaity could be u:ed for police firing and other recreational shooting. Costs of construction, if land is available, would not be t,r..itla+ higher than revamping the Police Department indoor r•.xu;,e. If an outdoor range can be constructed, about 1500 square feet of space could be freed up for revamping for Police and fire Department ur:e. Give it some thought. A GCii r -R S, 1976 "l'ERMLE ThLFT CuNFtEOaC,E" Cedar Rapids, Ic;..a Officers .Attending; 1). Det. Fowler I'1 2). Patrolman 'Suoppel 3). Patrolman Clime OCTOBER 7'I 1976 " VEHTCLE THEFT CO?;Fc.RE:dCE"' �� Davenport, Iowa Officers Attending: 1). Det. Young 2). Patrolman Lihs 3). Patrolman Clark OCTOBER 11-13, 1976 "IOWA STATE POLICEmEN'S CONFERENCE'' West Des Moines, Iowa Officers Attending: 1). At. Evans � 2). Det. Donohoe 3)• Pat•olman Eazlett 4). Patrol_=) Sucppel 0 TiC'ER 1976 "FIRST-LINE SBPFRVISOM SCHOOL" Cedar Rapids, Towa Officers Attending: I 1)- Sgt. To;gatz 2). Ot. Parris 3). -,3St. Cvans• 4). Sit. Pc,rnev 'I i 5)• ptt. Crowley 6). Prtrol;:sn nlzlott 7). Det. Cook i 0 Mu. . .t 27, 19, 6 " LFt AL PR03LESS FOP. STREET OFF'ICFRS'' Cedar Rapids, lova Officers Attending: 1). Patrolman Walden 2). Patrolivan Hellinc„ a). Patrolman Arkovirh k), Det, Johnson .S). Det. Fowler 6). Juvenile Officer Eastwood D,R Con,plair,ts _ _— C"' Cnmpinlnls Tot ni Co�.,piaints I+r,Pnunriing Record Voluntary (Dogs) Pick up (D^gs) t}»ner (Cats) -Stray (C,-,rs _)--- - Li sk.,asal s D,'Ls Adopted Do; "s Reclaimed Cats Adopted Cats Reclaimed _Sul 1? 7 G 5 P. i. S. cDogs^__-- - P. T.S. Cat s___ - Revenue (in dollars) Adoptions SUI - Mnlznrli-_. n.Pi__ Tickets Issued (dogs) tither Animals Picked Up Raccoon Opposum Eats Birds, Foal Wild, other Skunk Livestc.ck Other Dug Bites This math chis month l�.csl: Year)This 1�1-to rite Y'7 - -/ C -it Bites / F,tc.s (r..nffna.d�' Picked _ jl fji .{rt S �9 w C U�� Pq; "0V'a rber 2', 1976 Ch ' I ief Harvey ,Biller Cassie Williansor, "0 t4ont11 B Y Activity Sumtary. for the Detective Bureau During the han, of October the Detcctiv had a few chan,� three detectivess r7`tde. Effective e Bureau Howe et were tive October 1, 1.176 1,?hen the Dung is a still eavailableuniforra d, 'on necessity arisen n work lvzsio The and the necessity didar is.e ! month began with a ban arise_ litera'11y, but on g; well the Iowa Cit October 1 1976 not really a bang m the Police Department received from Y Overalls First National Bank. eived alls demanded a silent ala no questions money from a tellered mart clad in" Presentd• of course whiG'h he got with case, At This this case. Det. Burgs i.s work, ill a- Federal j g with the FBI on ! During the month cases and also mak Detect - cases deal b S on several cases accomplish a Bureau '^orket complaint, three badg arrests. iJe had y solving many checks, one master check °thriorge�` fraud char complaints, and one Fraud. charge card theft oe no account Car Det Johnson This one crodit card car reference failuredteamplaint anotltea subsequently led to .the was reported state, arreret f a rented in convincin Also Sgt:. Harris wast of the! subject involvement illty011ng lady to finall by, carols tell Y tsrzccess#'u that did not belong of `t Pursetandttheh about her B+'e had t° her. u; e of credit two, narcotic investi assisted State in the arresto£fi.cers- Tleae°ns in which Belt, of sir individualstnvestigations cuYoung igt. Harney and Det. sti;;,Vtion into Eastwood co subject and. alleg ions randdueteaean ext,�nsive investiFeztioyoung girls tee e refer with nurrcrous led Uark IV nce rtzlo three male The charges tagainsts�ta° these-r chis es bureau had ` males subject for a complaint which which malicious ch led to t ts of a nehouteeC Persuaded P��ius aneturnu��rch building. one he t1invQstivatiori the sub' ittemptod suicide inaestiOne rapewo exStibiaionissthat PF t0os 11 i.nvetjon. Com gation; four theft inac?tat:xons jl 0 • one threat investigation, three general investigations, l :rceny frac residence arr,•;t- canalaint culminating one complaint in which'a subject Gras fa� tp'`'J givinY false infor,tatiorr, to thee c„r l,l:lint oc,�, detective, thre vandaj�� of �•ihich waa solved s arrested; eleven bre.sl;in� and e by a juvenile beim" juvenile oras arrested durin nterings one where a into the estnbl i ,h,nt,nt. Clre the of act za11y breast B�.r:'s reported to this do 1 r Juvenile con e;,sed to ath,? g bureau. Also Ltc•t. Fowlerlt W'2'3very acii inv"tigated Y>�r t' a subject I.:hile in the process ofy ucccssful in apprehi din eat-aLli.shn,ent. breal,in' into an y An invostigation was initiated b reference an attempted murder, y the Illinois State gol;tc Officers in the investigation andgarrt. estrof a sulsject is assisted th( e residing in Iowa Cit veatiga.tion reference Sgt' Barris also conducted an itl I I Of this offense were arrested intChamer haityI The culprits+ arrest cleared up meter estedft:Ethe; Champaign L1lin�yis. and Campus Security, from the City of lower Cinis in Iowa City espprienced an Also this month a business internal. problem. Chief Miller assigned this inve3ti.gation and at thSgt. Harris to lved and the mois time the matter has been resoney returned to the business. Also during the month a fatality accident wss inve.sti4a by the department• Juvenile arrests consisted of 'tbreetq, juveniles arrested for vandalism, two runaways, two Ee arrests, three shoplifting arrests, one naw -I arrest liquor law arrest and four general iOnesii on6 I meat end this report the .;am gat Lon arrests,: started - with an a e manner in which it was subject robbed armed rol,bery. 10-30-76 one armod mal(; mation was the Big 10 I)X Station, Substantial infor the culprit was earrested. Harris and Det. Fouler; thus C. 12. r -el, <',I/:. T7: %: . 3aY:: , :it2coivigL, POSsessing 14. VAX A:. -,'-M: 15. :::'A`' Canmj rg, Pcssessi:.t>,, e-ec. •1G. h_ 3N n?,_) C0 7,Czn , /,. ^, VICE: 16 I INA. :.5. WN. - .. ,�,"•n-a; _ 7 rn:,tz_r n^.a cnz,nzccn _ 1 I i I 3 _ 21 16 � I _ 1 I i I � I Fl-— 12 r 4 �- irarx�; :respsau etc.) 30. 31. PA:: _ i iuTP.L A.uu Si5 Y -iy-l. 4i 11/i{� •1a•'.�41�{; i..'. 1�.+1 �_.�•�4�n 14 ±34 Y4� 292 ' 3' 513 A24 1215 �L7 4:.333 1243 1'* 9; 153J 7`2033 I ' ------------ ! n ' ! 20. 7' O Ll 0 61 Z i G. ;.;:i: i►�. C-: ,� 1,x:;1.' ��. 3 4 7 I 33 ,24 2b ! 118- 1?� --i 132 1,�1 12a I I I9 211, aa. F' 12 1 {� 6 7 I 1 1, 13. 4 N- , '.•1'�i'4', j1i. 4: FA i:].1 •: �, ` hi.YTJ.�..... � 22 19 10 135 i i 35 'f5 143 .1 a:. 20. 7' O Ll 0 61 Z i I i 112 .11 3 4 7 I 33 ,24 2b ! 118- 1?� --i 132 1,�1 12a I I I9 211, 14 2", 14 �. 12 1 {� 6 7 I 1 1, ice' J tau .."J•��'�� 1 30 I �.i 12 22 19 10 135 i i 35 'f5 143 .1 a:. 17 13 12; ll 14 I 27 311, 2j 1 1f). 32. 33, '35........... 36, 1,7. -- I' TO: FROM: RE: Cit MEof ,ovva MaRgCity gun, City Manager Neal Beclln DATE: Novaeber g Fire Chief Rob 1976 Robert Monthly Report P. Keating �' OCTOg-C IVITY _T The Iowa Citi Fire o a rather quiet dui 8 he month of Department responded during hnst e If all publicho.F oc0oberer• t This °Isl Of 53 Inspections Of and be, atter bter Part of the- month Parochial school The Flow'°Y November.P Program is being Brous violfropefu Y his �ro�ec�fe Man ire Department 8 -yet up ns; have been r, noted Y Programa were conduit very successful Fire Prevention Chea during Period! and well reCeljti ACTIVITY: fu113' wIl Ing the uP coming mo has been ere filed. Selec�te Position of Fire the rtified by the cl n will be !rshal hope_ will be°OpdnB, month thgalne il'Service made fro., the filled. vacancy ;(n the COptl4isaton. list thae applicant list certifiethe eelecUion.will e f ghtej� P ano during re In service d by the Civil Son,e from the-Ulo 'Ova building willlcontinue.Of businesa and Sta ice ConenAsslon. weather peal a UniveraitY o [ting, 0 FIRE DEPARTMENT ACTIVITIES Tills MONTH MONTHLY REPORT FIRE DEPARTIfEN1- THIS YEAR TO nATF MONTH OF 1 Act ircin •rix ,i, FIRE ALARILS T1�4f41L-Oi'TITCtTiTfT t58 208 5027 _ _ • _ TOTAL PfF.RaENCIES __. 59 62 -- 55 I 53 502 393 i INSPFCTIONS '150 1652 1!432 PERMITS +PERMITS 6 1 0 HRE )RILLS I 15 COPPLAINTS 22 47 " �2418 -48 2,51,0.,65:l O AIV INSTRUL71LIN 148 1459 1'75 IC XHATIONS 0 4 ill MY VM7 2 S3" 7 SCHOOL90 0 5 �r ION TOM 17 3 ;_ TV EXTTNC;UI-S-H-E-IZSII 5 64 ARIES TO FIRE • ATHS OF FMPIUMMS ffERS �• �'u ti 0 '1 77 lu �HRI U 00 CLASSIFICATION NO. THIS 0 F FIRE ALARMS MONTH LOSS THIS MONTH VALUATION LOSS THIS YEAR LOSS LAST +- 1Yf 2 6 30.0 4 949. 633.42 , 27.5 90S +• 5 1 049.00 4'400.;00 8 134. _ 9 400.00 1 000:00 1 925.00 15 643.SSi :' 6 OOi USE OF EOUIPMENT THIS MONTH THIS YEAR AT AT FIROES AT FIRES --- TF(IS d10NTH THIS YEAR AT' DRILLS PRi1'LS j 1300 .,AT 5000 IIS � 3d0 - 3900.: 100 500 57612'+—] S 1570 355 50 5355`. 777 IZ4 431 4155;:_ Z3 _ ZZI —12392301 91 34 dd$ 35 98I 6 VIII Vii. lII 364 44 1 59427 901 7 7 79' i�� DA" OCTOBER TOTAL TO DAT$ Number Lt_ Lee■ Num►rr L!_ Leu Fires in Buildings 12 $6,630.00 142 $36,860.11; Fires in Motor Vehicle@ 5 1,049.00 53 58.,796.65 Fires in Rubbish 1 .00 30 .00 Other Fires Outdoors 8 400.00 59 1,925.001,) Malicious False Alam 8 .00 44 .00'� Other False Alarms 3 .00 45 Apartments 2 49.00 III Dwellings 4 907.00 37 8v,,331,.11;,JI Hotels - Motels 0 .00 0 .00 Other Residential 1 24.00 15 2',557.00 . Institutions 1 4,620.00 9 24,899.00 l Schools - Colleges 0 .00 2 2001,135.00 ;II Public Assembly 0 .00 0 .00 Stores — Offices 4 1,030.00 20 14;,394.00 I) Manufacturing 0 .00 2 254.00 Storage 0 .00 2 21,500.nO I�I i Miscellaneous 0 00 5 1,032.00 ..i i • OC'TOR�R 1976 TRAINING REPORT • _ EQUI13.43dT AT DRILLS, No; of Drills 46 Shift //1 No. of }lours ;�1 car #360 3" Hose 300 Noe of Drills 54 ,. Shift I/2 No. of Hours 237 ------- "_ "__---: 750 Truck #)62 227 No, of Drills 48 Shift #3 No. of Hours Truck #363 Ft. of Booster .__----- TOTAL N0. OF HOURS 685 TOTAL N0. T OF DRILLS 148 EQUI13.43dT AT DRILLS, Truck 054 1Ct 4" Nose 300___________._,_.....-----_.:-----•---=: car #360 3" Hose 300 _ 500 Truck #;i61 2111 }lose 750 Truck #)62 `-'- -_'_—' 1?s" Nose ---- -- --- — 250 Truck #363 Ft. of Booster Truck #364 11t. of Ladders 87 7 Truck #365 Times Pump Used Truck #366 Nozzle Lines 7 Other Minor Equipment 131" hose, nozzles, rop ea, axe, Trupk #367 �u extinguishers, ladders, tarp, b air masks wan #369 iT The Fire llel;t, O;� Officers and Training Officer gave a total of 148 drills, with the firefighi receivint: 6135 man hours of instruction. Lieut, Hicola ,.nd Firefighters Butler and Norenberg demonstrated their Pumller and equippon't, t„ Hor.l,hwoutorn Tcil `Tclophone ir, Co, in observance of thefamily safety. The Program ws.0 rccelve•1 Ly p-•r::unnei of tho telephone comi-any. Liuu'., aliitt::rer and JirefLghters Hudachek and. Ranson participated in a fire extinguisher a ::tr=,.tion at the. Beverly lanor Pursing Hqm;:. These demunatrations were given for the Hursi;l to 1. Training ,,,ficer Kinney and Firefighters Dolezal, Farmer and Glaske gave a Lieut, ucsing, i Lieutanu 1,;" hose demonstration at H.T. Heim warehouse. There were over extinguisher anu a. 2, omoloyees of the Heinz Co, that participated in thio progrsm• The Training Officer and ri.refighter Wissink gave a fire safety talk and demonstration at 't Iowa City Court House. There were twenty-five employees of the county that, were in attendb The T.O. „articipated in a workshol, held at Oakdale Medical Center. The topic wase"llouse0i Fire:, from Consumer Products". There were 40 persons :Ln attendance from throughout the 1(( States. l.luu Plitt, the help of University Physical Plant ,personnel,, the Training Off'�cer gave a firt safety talk and demonstration at the College of Law. There were 30 supervisory personnel ,,articipating in this program. • 0 The Training Officer's- Report Page 2 The Training Office attended five (5) unicn negotiation meetings between the and the Firefighter's Union. Inspected and signed forms for three (j) pre-schools, bade four i,4) of business places. Our apprenticeship program has been going very well, during the past month, somQ�1 of our drills have Pertained to self-contained breathing equipmeni;, sallrage and. overhaul, aerial ladder operations, resucitator operations. All firefighters h., been doing a gooa jots on the performance of thepe various drilla. ! qn I Lawrence H. Kinney 1 Training Officer J FINANCE DEPARTMENT AMVITY REPORT OCTOBER, 1976 FY 77 GOALS: I. To develop an accounting manual by November 30, 1976 for use in cohvertipg the Enterprise Funds to accrual accounting in FY 78. OctobeA: Work has begun documenting City accounting proeedunes November: blajorlty o6 proceduAe6 ane achedu&d .to be docwnented, II. To evaluate the use of City owned or leased computer equipment and provide written recommendations to City Manager by M;rch 31, 1977. OctobeA: Inve6tigatipn o6 po4sibte acqu,i6iti.on o6 .in-hou6e mini:-eomputa . III. To convert the utility billing system to actual read billings and flat rate sewer charges by August 1, 1976. Goat eompZete except (oA 2 %etated .items sti.@,C pending: 1) geneAation o6 duptd.cate delinquent Notice bon kand2ord when tenant .i.6 .in ameana on payment, 2) review and change 06 depoait appCiea tion on &g6und6. IV. To complete a City .risk management evaluation by October 1, 1976. Pending: A 6ummaAy o6 .the %epoit along with 6.ta66 n.ecommendati.ons +i.6 to Ere prepared 6oA Couneit. A meeting between the eonottant and Couneit is aW being arAanged be6oAe speei.6.ic tecommendation6 ante imptemented. V. To modify the Budget and CIP Manuals to incorporate detailed procedures for Management by Objectives by November 30, 1976. No measuAabke activity at th.i.a time. SIBGOALS BY DIVISION: Administration - 1) BUDGET - coordination with City Manager and Department Heads on changes in; FY 78 reporting, timetables, and scheduling. 2) CIP - CIP for two year period FY 78 $ FY 79 reviewed to coincide with new, budget format and Urban Renewal. 3) LANDFILL. BILLING - financial forecasts for alternative billing arrangements for landfill being concluded. 4) POLICE 6 FIRE: NEGOTIATIONS - financial forecasts for salaries, wages and benefits being concluded. Accounting - 1) AUDIT - Council was presented a statement of financial status of CJ,ty as of June 1976. work is now in progress to find solutions to problem areas dioted by audit, 2) BUDGET - Budget process has been computerized - all budget infonw tion will be submitted in a detail level with the computer generating the summaly report. 3) URBAN RENEIVAL REFINANCING - Refinancing completed during October, clew notes to be issued in amount of '$1,613,000. Special grant requisition was I•eceived for almost $1,900,000. FINANCE OCTOBER ACTIVITY'REPOR• -2- Accounting - 4) DATA PROCESSING - new programs initiated for: police and Eire deduction, pension and retirement report revisions, police negotiation relport generation, and revision of budget comparison :reports. 5) COMPLETE RECONCILIATION OF FEDERAL GRANTS AND REIMBURSABLE PROGRAMS - a) in a position to request final grant payment for City Spirit project, h) Tornado Warning System has been balanced and reconciled. c) CETA program balanced and reconciled. 6) CDBG BUDGET - Effort was directed toward reconciling the Community Block Grant Budget with City's Budget for FY 77. Purchasing - 1) TORNADO WARNING SYSTim - tested and placed into operation. 2) WATS LINES - United States WATS line and direct: line to Cedar Rapids placed into operation following cost savings and'usaget evaluation. j 3) PROPERTY SALE - Negotiations held on sale of: property located adjacent to 624 S. Gilbert St. 4) U-WSH-BI - building appraisals obtained and building acquisiiiion investigated..,' 5) PICK-UP TRUCKS - specifications developed and bid proposals se#t out. 6) SEMINAR - National Purchasing Institute Seminar attended - St. Louis, A10 i 7) PRTNT SHOP - improved Print Shop facilities preliminarily inve;itigated: Treasury Division - I 1.) CASH CENTRALIZATION - process was reviewed by Accountant and fgrecast completion of transferral of petty cash disbursement to cash register by January 1, 1977. 2) AUDIT EXCEPTIONS - following auditors comments and recommendations, work was done to revise procedures to conform with their suggestions. 3) SAVINGS ACCOUNT - work was done to establish savings account to earn interest ') on idle funds in the general account. This wilx be helpful when money krbm investments mature 3-5 days prior to actual ',neer( for money and 4r transfer of daily cash receipts for interest until adequate investment amount is accrued,' 4) CASH REGISTER MANUAL - following changes suggested by Accountant's review of system, new procedures should be documented February 1, 1977. 5) REVIEW OF CASH FLOW (PENDING) - total review of cash flow and iRvestment proces;i to develop procedures for identifying recurring disbursements arid scheduling investment maturities to cover these disbursements. City of IoWiai City MEMORANDUM DATE: November 8, 1,976 TO: Dennis El. Sllowalter, Director of Parks .& Recreation FROM: $ob Howell, Park Superintendent RE: October Monthly Report I. Major Work Projects A. The new addition to Villa Park was, graded, leveled and'., seeded ro grass. B. Construction of the gazebo shelter in Villa Park was completed. C. The animal pens inside the zoo building were dismantled and removed, D. All the major open park turf areas were aerated with the coring machine. E. The annual flower beds were mulched, tilled and seeded; to winter rye, F. The front walk of the City Park pool concession buildi,µg was repaired. G. The walk at the northeast entrance to the Public Library was: replaced by the Park construction crew. 11. Several items of repair at the Mercer and City Park popls were completed during the month. 1.. All water systems were winterized, including installation of a water line in Shelter 13 for flooding the large pond. 1. The concrete slab over the underground gas tanks was removed and a new gas pump installed. II. Minor Work Projects A. Hauled wood chips to Hickory Hill nature trail and installed and painted marker posts along trail. B. removed the, far west planting on Melrose Avenue center islands to eliminate a sight hazard for traffic. C. Hauled in picnic tables for winter repair and storage. D. Roto-tillei planters in Chauncey Swan for Project GREE$i' plantings, E. Placed wood chips around several small trees and'shrublantings,. F. Transplanted several small willows from City Park to Willow Creek Parky C. Repaired and stained wood bleachers and benches in several park areas. III. Other Items of Interest A. A new tree nursery was established on the southeast portion of South Hollywood Manor Park. Several small evergreen species have been, planted as of November 1. Additional deciduous stock is forthcoming in the early part of November. B. All Park employees met with the Recreation and Cemetery --Forestry Divisions at the Recreation Center on Friday, October L The purpose of the meeting was to discuss problems and concerns with a panel composed of the City Manager, Neal Berlin, the Director of Parks and Recreation, Dennis Showalter, and the Personnel Specialist, June Higd, L] • IOWA CITY PARKS AND RECREATION DEPARTMEb•T • Recreation; 01,vtigtun October "poc,t 1976 by Robert At Thee, Superintendent' l and the cols month has included many one da nclusion of the flag football Y F�rogxams, A, Ad gram. Administration: Pro the starting Of fall 1• Chris Whitt Center tohe Maintenance Worker I, transfered October the Recreation Center as a custoclian, 11 froni the Civic. 2• The Department Cooperated with Iowa children's theatre presentation in Clty Cammunit Old Creamery 1'heat fihe Gen Center Y Theatre ;tn ihold:tng a Theatre Presented two t pa Sunday October 24,-, The 8, Pro performances with 650 atfenc Programs - Physical Ac tivitieG g^ 1• Second session November 19of scrim classes for youth and. adults , started octc'tber la C. SPI • 1• Travel films fn, - attended. " ;ument age are being Offered The films are made available & Offered o Iowa mon 2• Harvest Moon 30-4,Q peopl1 dance. was City- RuF11ic 'Library,. October 20th, enjoyed by 35 Persons of retirment a ' 3• Good timers Club gen We: October 22.enjoyed a hayride and campfire at Pleasantview. 4. On October Stable$. Will be 24th, a club was formed for the emotional) meeting weekly on Sunday afternoon, Y handicapped. They D. Miac. 1• Golden Age Club colors, had a bus trip to Keosauqua in which the (47) Y enjoyed the fall 2• Eulenspiegel Puppet Theatre Company held thE;ir October 3rd in Oak Grove Park, quer 800 attended With the nd annual fall festival Sunda group. MarilynYn LeviR participates 3• Farmers p 0 4 s Wrket ended and buyers. their 4th season October 9t4. They had an In in vt The annual Halloween Parade attending the g Parade was a big success with 2,75 re Program was Program, prizes were produced and Recreatipresentedon and candistere4 and over h. from those attending put en by the Recreation staff Y e everyc!ne, group from South East Jr vocal and recei a The group from UI Hospital school and 4 d plaudits Hi rode and performed in the a small,band psrade. 'A Iq 4 11 IV " II ill ISI in IA 0 Iq 4 11 IV " 0 0 City of Iowa City MEMORANDUM DATE: November 8., 1976 TO: Dennis 11. Showalter, Director of Parks & Recreation i FROM: Bob Howell, Park Superintendent i, RE: October Monthly Report I. Major Work Projects A. The new addition to Villa Park was graded,, leveled and seeded to grass. B. Construction of the gazebo shelter in Villa Park was completed. C. The animal pens inside the zoo building were dismantled and removed. D. All the major open park turf areas were aerated with the coring, machine. E. The annual flower beds were mulched, tilled and seeded to: winter rye. F. The front walk of the City Park pool concession building was repaired G. The walk at the northeast entrance to the Public Library was replaced. by the Park construction crew. H. Several items of repair at the Mercer and, City Park pools were completed during the month. 1. All water systems were winterized, including installation of a water line in Sheltor 13 for flooding the large pond. J. The concrete ,lab over the underground gas tanks was removed and a new gas pump installed. II, Minor Work Projects A. Hauled wood chips to Hickory Hill nature trail and installed and painted marker posts along trail. B. removed the far west planting on Melrose Avenue center islands to eliminate a sight hazard for traffic. C. Hauled in picnic tables for winter tepair and storage. D. Roto -tilled planters in Chauncey Swan for Project GREEN plantings. E. Placed wood chips around several small trees and shrub plainting$, F. Transplanted several small willows from (,;ity Park to Willclw Creek Park. G. Repaired and stained wood bleachers and benches in several park areas. III. Other Items of Interest A. A new tree nursery was established on; the southeast portion of South Hollywood Manor Park. Several small evergreen species have been planted as of November 1. Additional deciduous stock is #forthcoming in the early part of November. B. All Park employees met with the Recreation and Cemetery-F.6restry Divisions at the Recreation Center on Friday, October R. The purpose of the meetinj; was to discuss problems and concerns with o¢ panel composed of the City Manager, Neal Berlin, the Director ¢t Parks. .and Recreation, Dennis Showalter, and the Per,.sonnel Specialist, June'Higdon. 0 0 Park Division October Monthly Report —" Page .2 I C. The Park Superintendent and two foremen attended a meeting at the Civic Center on Friday, October 22, with other division personnel., The standard operating procedures for ;"snow'and ice removal -',were explained by Public Works Director Dick Plastino. D. The Superintendent of Parks attended a Staff treeting,an Wt,dnesday„ October 27, in the Council Chambers at the Civic Center. :iir Steye Rynecki' spoke on Handling Employee Grievances. E. Two nature hikes were held for the public in Hickory Hill :bark on Saturday, October 9, and October 16. Mary Stevenson and Kathy Yoiuig conducted the tours. def 0 • IOWA CITY PARKS AND RECREATION DEPARTMENT RccrcntLon O1vLsion • October Report 1976 by Robert A. Lee, Superintendent �✓�. day programs, the starting of fall classes This month has Included many one and the conclusion of the flag football, program, A. Administration: 1. Chris Whitty> Maintenance Worker I, transfered October 11 from the Civic Center hi the Recreation Center as a custodian. 2. The Department cooperated with Iowa City Coimqunity Theatre in holding a in the Center on, 1dlCreameryc'shTheatre,presentednSunday prosen two performances witb650 attendinSi.. The B. Programs — Physical Activities swim classes for youth and adults 1. Second session of November 19. started October 18 — C. SPI : 0-4Q ,people . Public Literary 1• Travel films for retirement age are being offered once a month. attended. The films are made available through, the Iowa City by 35 persons of retirment age, Ulelnesday 2. Harvest Moon dance was enjoyed October 20th. enjoyed a hayride and campfire at Pleasantview Stables 3. Goodtimers Club October 22. ed. They 4, On October 24th, a club was formed for the emotionally handicapped. will be meeting weekly on Sunday, afternoon. i D. Misc. 1. Golden Age Club had a bus trip to Keosauqua in which they enjoyed the fol colors. (47) stival 2. Eulenspiegel Puppet Theatre Company held their 2nd annual fall eparticipatesyl October 3rd in Oak Grove Park. Over 800 attended, Marilyn with the group. 3, Farmers Market ended their 4th season October '9th. They had an increase in vel and buyers.JUY 4. The annual Halloween Parade was a big success with 275 registered and over he, ram. Parade prizes were presented and candy to r_veryone. The • attending the pro g, the Re<;reation staff and received' plaudits;) program was produced and A put on by t from reIII Hospital school and a small band from those attending. rade. group from South East Jr. Hi rode and performed in thepa 5. The ASERP program at Mark IV is going, well with arts and crafts and physigal activities conducted outside. 6. A pilot program of bicycle maintenance and safety is being conducted at Korn School, bleven youngsters are registered for four classes. Hopefully, this program will be offered next year in all schools through the ASERP' program. 7. The dark room is now back in service for the public. The enlarger was in for repairs this past lnb'nth, 8. Play Day for elementary age children began October 6 and will continue through the winter in the mornings when school is not in session. Attendance is;good' with an average of 190, boys and girls participating in a variety of activities. E. Program Planning: 1. A trip to the museum of Science and Industry In Chicago, Illinois,, pisbeing planned for Wednesday, November 24, for the genergl public. The t;xjip:is scheduled on a weekday because schools are not in session. 2. Basketball and volleyball leagues start their season the 2nd week cif November until the last week of March. Men's basketball and men's and women's volPeyball will be played in the Center while co—recreational volleyball will; beiplayed at Southeast Junior High. There were no teams registered for women's1baskeCball, and men's fast break basketball was cancelled because of space limitations and lack of interest. 3. A recorded radio program for "Your Turn" to be broadcast over WSUI is be$ng worked out for early November. 0 City of Iowa city MEMORANDUM DATE'. November 5, 1976 TO: -Dennis Showalter„ Director of Parks & Recreation FROM: Billie Hauber; Superintendent of Cemetery-ForestryA',,� RE: October Mnthly Report I. Operational A. Interments 7 $go. 00 B. Lots Sold 3 $250.00 TOTAL W(p) • 00 II. P4aintenance (not including special, budgeted items) A. Forestry (inside Cemetery) - 23 hours. B. Forestry (outside Cemetery) - 19..5 hours. C. Cemetery (general grounds maintenance)' _ 334.95 hours... D. Cemetery (general shop and office maintepanoe) - jl.$5 hours. E. Preventative maintenanoEi and repairs (vehicles. and mowers) - 40.5 hours, F. Lot locations, sales and related records - 11.5 hours. G. Outside mowing 19 hours. H. Funeral time (regular) - 71.75 hours. TOTAL = 552.05 hours III. Budgeted Items and Special Projects for Crew is A. Budgeted Items 1. Painting guard rail at front entrance - 7 hours. 2. Seal coat on asphalt in front of building - 4 hours i TOTAL = 11 hours. B. Special Projects 1. Meeting with City Manager and Personnel, - 6 hours. 2. Overtime (over 40 hours) for funerals 13.8 hours. 3. Weed spray at Pollution Control - 16 hours, 4. Wood chips on islands at Civic Center parking lot - 22: hours., TOTAL = 57.8 hours IV. Contracts and Specifications A. Spring planting replacements completed and .final payment reccapended. B. Breeden completed small Forestry contract with one locatirn exception and will be paying a penalty. I' • • October Monthly Report Cemetery-Foreatry Division Page 2, C. The Brothers Tree Service (new company) was low bidder, on a second small contract let late in October. The proper insurance has been posted and tests vmre taken with passing scores for both Kennedy brothers. D. Additional contracts being prepared with specificaticno for: 1. An additional trimning oontracf:. 2, $15,000 tree planting for City Park. V. Special - Superintendent A. Projects 1. Presentation of Cemetery Ordinance to representatives of churches, morticians, monument companies, and other interest*1 parties.; 2. Assisted with tree nursery project. 3. Snag removal preparations with Public Worcs and L�ii>an R7ra1 Director. 9, Renovation of 1972 plans for snall' landscaping pt;ojeot at; ,the Landfill. 5. Pictures for Director Showalter's ireport., 6. Work on Forestry Ordinance (frau C'o. ' . ty DevelcOment) , several meetings and appearance at Council meeting. 7. Appointed to Community Resources.Advisory Ccmmitteia for Iowa City Public Schools. 8. With Legal - Lee, 2 cases; Funk, Personal visit. 9. Ordinance violations solved - Forestry -27; Turf"12'. B. Meetings 1. Park and Recreation Camiission meeting. 2. Riverfront Commission meeting. 3. Handling Employee Grievances, '.Pari: 1. 4. Mr, Meggitt, Home Town Dairy. VI. Goals Yet outstanding A. Cemetery Ordinance being m,,orked as a result of input and before presentation to Council. BCemetery' record updating - coptin}aing: C.. Expansion into Hickory Hill - no prbecess with Engineers until wintexip D. Continue annual preventative maintenance Program: 1. Decisions concerning roof, water line and Governor Street; wall have been made and will be presented by budget process. E. 7nprove operational efficiency: Possible man hour's, during October 6.68 Regular duties 558.50 Special duties 68.00 Allotted break time 41.50 G68 =AL TIME: USED (Doesn't reflect time of Supt. of Ce.mpteryForestry/R)ced Official) HAYEK. HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW ARCA.cOgi ata JOHN W. HAYEK 110 EAST WA98INGTON STREET 337-90 �{ C. PETER HAYEK IOWA CITY, IOWA SZ249 November 10, 197(1 Mr. Philip Leff Attorney at Law 222 South Linn Street P. O. Box 2447 Iowa City, Iowa 52240 Re: Frantz Construction Company - Mount Prospect Part Fogg Dear Phil: This letter is to follow up our conversation on the telephone concerning the above matter. As you know one of the concerns, expressed by members of the Iowa City Council in voting down the propos)°d zoning amendment involved in this matter was that the sewer capacity to the area was not sufficient to serve the densities which could be achieved under the proposed zoning. Although the specific proposal being made by Frantz Construction Company would not, as I understand it, exceed acceptable levels of density, it would be possible for a subsequent owner to vacate any subdivision plat approved and insist upon a higher level of service at great public expense. Frantz Construction Company has suggested that this problem be alleviated by a covenant which would restrict density in the area to a number of units approved by the City staff, While this suggestion appears attractive I believe that there are serious problems with it from a legal point of view. Specifically, as you know, the courts in several states have voided contracts or agreements that vary, the terms of the 2;omng ordinance as illegal. "contract zoning". The Iowa Supreme Court has not handed down a definitive ruling on contract zoning. Thus it would be impossible to predict exactly what the Iowa Court would do if a subsequent owner of the land attempted to vacate the subdivision plat and challenge the restrictive covenant as illegal and void. I believe that at the present time the chances are about 50-50 as to whether or not the Iowa; courts would uphold a covenant of this sort. Compare State ex rel. Zupancic, v. Schimenz, 174 N. W. 2d 533 (1970, Wis.) with Bucholz v. City of Omaha, 120 N. W. 2d 270 (1963, Nebr. ). Also see Rathkopf, The Law of Zoning and Planning, 3rd Ed., Vol. 3, Ch. 74-9, Deed Covenantssand Ri�strictions-- Effect of Zoning Ordinance. Rathkopf there states: C� Pi Mr, Philip Leff - 2 _ November 1.0, 1976 Most courts take a practical view of such situation and hold that the execution and filing of such assumption of additional restrictions were a quid pro quo for the rezoning, i, e. , zoning by contract. The general rule in these jurisdictions in which the validity of such covenants has been litigated is that they are illegal. The basis of such rule is that the rezoning of a particular parcel of land upon conditions not imposed by the zoning ordinance generally in the particular district into which the land has been rezoned is prima facie evidence of 'spot zoningi in its most maleficent aspect, it is not in accordance with a compre- hexisive plan and is beyond the power of the municipality. Legislative bodies must rezone in accordance: with a comprehensive plan, and in amending ti ie ordinance so as to confer upon a particular parcel a pixrticular district designation, it may not cur- tail or limit the uses and structures placed or to be placed upon the lands so rezoned differently from those permitted upon other land in the same district. Consequently, where there has been a concatenated rezoning and filing of a 'declaration of restrictions' the general, view (where the question has been litigated) is that both the zoning amendment and the restrictive covenant are invalid for the reasons expressed above, While I believe that Rathkopf reads more into the court decisions on this issue than are there he certainly indicates reason for concern, Dennis Kraft and I have discussed, this matter and believe that one Possible solution would be for Frantz Construction Company to use the Planned area development provisions of our zoning ordinance iii conjunction with a more limited zoning change in order to achieve the same result, that is the approval of the subdivision plan that is proposed for this area. Of course I can make no commitments, or guarantees as to how the Iowa City Council will react or how individual members, of the Council will vote if such a matter were placed before them but I do believe that a combined PAD -rezoning could be used to relieve their concerns about the sewer capacity problems in this area. 0 0 Mr. Philip Leff - 3 - N'ovember' 10, 1976 Mr. Kraft has indicated that he and his staff will be happy to work with you and other representatives of Frantz Construction Company on this matter. Very trul. you W. H. ayek JWH:vb cc: try Council of Iowa City Mr. Neal Berlin Mr. Dennis Kraft johnson county regional planning commission 119 221/2 sIDulh dubuquE street November 10, 1976 awa aty lava 5224-- ;314]351-85Sd City Council of Iowa City Civic Center Iowa City, Iowa 52240 Attention: Mr. Neal Berlin, City Manager Dear Council Meq{bers: Isobel TL ­e, !mil L Bror q- 4 o In accordance with the By -Laws of the Johnson County Regional Planning Commission, a Nominating Committee is to b; formed in November for the purpose of recommending nominees for the position of Chairperson and Vice -Chairperson of the Regional Planning Commission. The Committee will consist of one repre- sentative appointed by each of the following organi::ati.ons. City Council of Iowa City Johnson County Board of Supervisors Coralville City Council Small Cities Committee Johnson County Regional Planning Commission - Citizens' Advisory Committee We would very much appreciate if your Council could inform us of your selection by November 17 which is the date of the next meeting of the Regional Planning Commission. The fulll Committee will then be announced at the Commission meeting. I The Nominating Committee will be asked to report its nominees to the Commission at its December 15, 1976 meeting. Please let me know if you have any questions on this matter. Sinn erely, %t j E222mi��l L. Brandt, Executive Director ELB:fb Attachment 20 Bylaws • ARTICLE II Nominating Committee A Nominating Committee shall be announced at the November meeting of the Commission. It shall consist of one representatiti from Iowa City, one from Johnson County, one from Caralville, onej� I from the Small Towns Committee and one from the Citizens' Adviso#)' Committee. They shall have been previously appointed by their i member agency or tommittee. The Chairperson and Vice -Chairperson shall be excluded from membership on the Nominating Cc#mmi.tee, LI The duty of this committee shall be to announcer at the December meeting of the Commission, its nominees for Chairperson and Vice -Chairperson. Further nominations may be made from the floor at the January meeting, prior to the election Of officers. I DATE �5/_ 7, W CASE CAPTION 2 AND D SUBJECT Bjornsen Inv, Co, v. City Woodburn v, City (conelemnation appeal, Parcel 65-13 Steele v, City (condemnation appeal Parcel fi5-13 Stasi, Inc, v. City (condemnation appeal, Parcel 84-6) Little Caesars v. City (condemnation appeal Parcel 84-13) Kinney v. City (condemnation appeal, Parcel 84-12) Farris v, City (condemnation appeal, Parcel 84-13) Angelsburg v. City (assessment appeal Farkus v. City (assessment anneal PENDING LITIGATION i II. P � w tu IIIA---`--- -- �w a = z h a:, �Qp f- to 0<.'-E 0 IL o B a 0; COMM NTS;",'�T) ul ¢ a a: a It V Dist. Ct. T,g, Plastino Continued, .;lttlemeni!� Possible Dist, Ct. '---: u J. W. H; Kraft Dist. Ct. J, W, H, Kraft Dist. J. W, H. Kraft Ct. Dist. J• 1V• H. Kraft Ct. Dist. --- J, W, H, Kraft r-- t. i ,T Dist, J, W', 11. Kraft r� Trial set for ,, ~— 12 CS>ntinued for',; pril 11976 thax� U. 6,/28/ Dist, A.R. Plastino 74 Trial, July 29,. 971 6 Continued . �}" le /28/ Dist. cii email 74 Gt A. Plastino P74 rival July 29,r. ' 9?6 Continued DATE azL5.L76 PENDING LITIGATION u r II -_ i :FAGE ccUj Uj CASE CAPTION m i; o E_ mAND W Q� 0 '° o �'z c 0 COM ENTS %TATUSI Z SUBJECT �o ° R ,mowEE U L C `C CL Peet v. City 6/28/7 Dist. A, R. Plastino Ct. S. h Korshoj Const. Co. v. City / 17/ 7411gist. J. W. H. Plastino Ark JT "'ri (digester suit) Ct. 'rc 'Tr{�1wJa{veA oelt Island R. R. v. City F 10/10/ Dist. B, B. Kraft I is title -S. Market Square 74 Ct. riuiet r11 ' Amerex v. City 10/15 Dist. J.W.H. Kraft (damages suit) 74 t. !� h U. S. I Short v. City 11/12 Dist. J.'W.ii. Kraft set f�br Januar�jr 17, 1977 (discrim. damages suit) 74 Ct. SII Raker v. City 2/7/75 Dist. T.K. Strabala frial, ' verse ! ccision <i'pQaledtollIowa s o11irt (Denver boot case) t. ;C upreme c` u>"tLynch v. City 3/14/7 Dist. J. W. H, MillerQ"4 (civil service case) Ct, = ' :"•� rr� Stevens v. City 5/9/75 Dist. T. K. Plastino I (access & drainage suit) Ct. 11 Moore v. Epstein 7/18/7. Dist. J. W.Ia. Epstein Mgtion for ummarY I�udgment (damages case, police) Ct. � �( RearingI !;1 f.1/29/76 JL.- DATE —"/l_5/7G 7 W W M Lu CASE CAPTION LL .2 AND z SUBJECT :LADING LITIGATION U tW-W � o� o W �` i ,..,� Z Z u_UO H o a Qac U Short v, City """ LL (condemnation appeal) 8/18/75 Dist. R,{y,J Ct. Voss V. City "— (U.R, condemnation) Dist. R.W.J. Ct. Rock Island v. City (assessment iSt. appeal) B.B. Firenanis Fund v. Count & City (civil action re cap.) 6/29/76 Dist, A.R. Ct. Ctu istian Retirement Services V. Board of Review (#43272 7/7/76 Dist. _ J.{N.H. Certiorari Action) Ut, Christian Retirement Services v. Board of Review (#43273 Appeal) 7/2/76 Di st, Ct. J.w,R. City v. {Yestinghouse Learning Corp• (human relations suit) 7/29/76 Di St. A.R. Ct, City v, Yellow Cab Co, — — (hunan relations suit) 8/5/76 Dist. A.R. Ct. Paul-IIelen Building Assoc,R v, City (~rater damages 8/10/76 Dist, T.X. case) Ct. co 0 Uj � U n- cc a Kraft Plastino Settled. by er r ^ houtsver DATE _��__ 5,76_ PENDING L_ITIGATIOpq W w CASE CAPTION U '� AND SUBJECT 4S 0 ,�- z��z c i z Uw U w U¢ UO ao�- Courterest, Inc. V. City (zoning suit) 0/14/76 Dist. ¢ 'T.W.11, State v. City & Korshoj Const. Co, Dist. T,K (damages suit) Ct. gemen:: Pjud lotion tCity v. Sanhueza 8/26/76 Dist. T,K• Bo�tiersa, t:. Ct. rendered {for City. reconsidjj pending I Z 'STM. c -.r Aia CASE DISPOSITIONS A. Cases Disposed of 1976 through November 15, 1976 1. B. D. I. v. City 2. Braverman v. City (84-1 Leasehold) 1 3. Braverman v. City (84-2) i 4. Hamburger Inc. v. City (84-1&2 Fixtures) 5. Hamburger Inc, v. City (84-1 Leasehold) 6, hamburger Inc. v. City (84-2 Leasehold) 7. Nall Motors, et al v. City I 8. Simmons v. City and Rock Island 9. City v. John Nolan I 10. Lovelace, et al v. City 11. William White Boulevard Assessment Cases (9 cases consolidated) 12. Penny Bryn v. City 13. Eastham v. City 14. Sullivan v. Berlin 15. City v. O'Brien 16. Jackson's Inc. v. City it 17. Annex, Inc. v. City I 18. Cahill, et al v. City 19. Victor Industries v. City 20. City v. Epstein's Bookstore (Rent) { -2- 21. City v. Epstein's Bookstore (Eviction) 22. Fireman's Fund v. City and County i B. Cases Filed 1976 through November 15, 1976 I 1. Fireman's Fund v. City and County i 2. Christian Retirement Services v. Board of Review (Cert. ) i 3. Christian Retirement Services v. Board of :Review (Mandamus) 4. Schoff Construction Company v. City 5, Jones v. Bovey, Bedell and City 6. City v. Westinghouse Learning Corporation 7. City v. Yellow Cab Company 8. Paul -Helen Building Association v. City 9. Courtcrest, Inc. v. City 10. Voss V. City i 11. Rock Island v. City 12. Eastham v. City 13. Sullivan v. City 14. City v. Epstein'sj Bookstore Cases Disposed of in 1975 16 Cages Disposed of in 1976 to November 15, 1976 22 Increase of 371/c over last year. O City of Iowa CIO MEMORANDUM BATE; November 16, 19'?6 TO: Iowa City Staff FROM: Richard Blum, Chairman, Comprehensive Plan Coordinating Cijmmittee RE: Citizen Participation in Comprehensive, Plan Attached is a copy of the preliminary draft of the work program for the Comprehensive Plan with which you may be familiar. Ile would appreciate your additional comments on issues and alternatives for any of the topics listed or any other topics you think are of importance in preparing a Comprehensive Plan for Iowa City. If you would like to comment both as a staff member and aks; a private citizen please state explicitly in each case which hat you are wearing. Please return your suggestions to Marianne Milkman, Department of Community Development, as soon as possible. Thank you. /)p M� A i 0 0 P R E L I M I N A R Y D R A F COMPREHENSIVE PLAN REVISED DETAILED WORK PROGRAM Adopted: Comprehensive Plan Coordinating Committtee ,Tune 10, 1976 This report presents a revised outline of the comprehensive planning process. It specifies the work sequence and inter- relationships ibetween the work elements which inaA;e, ug the plan. The report is divided into six major area,:, I) Plan Preparation; II) 'Plan Elements; Iit) Citizen Participation; IV) Schedule; V) Intergo'vernmenta.l Coordination; and VI) Personnel Requirements. Major changes from the previous planning process are noted with a °a of in the mar!c�in.. I. PLAN PREPARATION It is essential that a comprehensive plan be•based on sound and detailed information. It is the respionsibility of the planning staff, to collect and generate, useful information concerning the natural, physical and human components of the community; so that as the plan is developed it will. reflect the various assets and con- straints which need to be reflected in the plan.. Thee information generated in this process will be of an objective, technical nature. As •each area of inquiry is concluded a topical report detailing relevant planning information will be developed. The topical areas of inquiry are xisted below with a detailed description of the components of each topic to be studied. A. POPULATION - The population ri,port will develop a. population forecast for Iowa City, Additionally, the report will analyze the population of tie City by areas within the City, to determine areas of particular character and problem areas: The popu- lation report will also compate Iowa City:tp other cities within Iowa and compare Iowa City to:'other university communities in the Midwest.. The emphasis in this analysis Will be the potential, the problems and the unique characteristics; of Iowa City and sub- areas within the City. • P R *I M INA R -�- D R A F, T B. HOUSING - The housing report will analyze the housing stock, the housing market and the current trends in housing of Iowa City, Block by block analysis of housing quality,, type and density will be used to identify problem areasandhousing patterns. Economic factors, income and housing prices will be analyzed to determine future patterns in housing. ■ C. ENVIRONMENT - The environmental report while ^a.main. element in contributing to ihe.preparation cif a eomprphepsive plan also can develop informatjion, which will help the City and its residents cipnserve energy and materials. This report will be.r.1epared, in five independent sections,: Vegetation, Environ, mental Quality, Landf'orms, Waste Management and Energy. The Vegetations section will analy4e t;hs. biotic elements of the Iowa City area and their importance to the City. The Environmental Quality section will analyze the problems of air, watter anal noise pollution in the. City andi make recomme�adations on how to correct the existing problems and ��void future.problems. The Landform: section; willi'evaluate the soils information from the U -:'S.. Soil CorS,setvation Service with information cosioerning watershedsto develop :a limiting factors rating system to ,aid-- in the, development of a land use plan. The ,Was'rte:Manage-- ment section will evaluate the potential foX'Irecycl,ing the waste of the City, including commercial J�ecycling and sludge management. (Thls :s a change initia-te6 by the COCN and accepted in the HCDA applicWtion.)The energy section will examine the: type of energy the City and its residents use and. how they use it ana make, recommendations for conservation of energy. D. LAND USE,- The land use report will present a detailing of the existing pattern and extent of land use in xowa City: it will detail areas of incompatible (land use relationships, nonconforming uses and absolete land uses (poor conversions, inadequate sites, et;y . The land use, report will review the literature oii desirable land use relationships and develop a land us,4 impact model for the buffering of adverse land use,haracteris Additionally, the land use report will develciop a Land U Intensity Policy, based on concentrating and!'limiti!ng factors., • P R'i I M I N A R Y -3- D R A F T E. TRANSPORTATION! - Using the JCRPC :Area Transportation Study as a base, the transpo'rtat,ion report will add l as appropriate. This report site planning detai will supplement the ATS by investigating desirable; standards 'for transportation improvemefficithat and will make the circulation systems. energyt e transports- ent environmentally sound. Additionally ., thian systems, tion report i�Icludes bicycle and p s Report and Plan and, the included in the Bikewa Sidewalk Report and Plan. g, ECONOMIC - The economic report will be a complete: economic base. analysis of the Iowa City area • It s of employment will contain a detailed analysiwill evaluate category. Additionally, the report w the fiscal capacity of the local governments and the tax bases of the local governments. G. UTILITIES - The utility report Will survey the existing infrastructure of water, electric, sewer, gas and telephone utilities. It will Or City utility' segments which are over capacity pacity Y are near capacity. The report will, investigatLope the potential for uwhchsj.clt of axe i:hemosteeconomieal and the utility systems for each density. g, URBAN DESIGN- The urban design study will evalq,atih- fvisual character„ historic or the visual forms, architectural significant structures ddevelop. qualities of Iowa City. The study will criteria, for the design of faciuch as sitnane,sstreets. and parking lots, street ,lightinaiealg,development tl"At pedestrian ways, so tk�at Physical is harmonious to human activity ban he assured. I• EThe community COMMUNITY FACILITIES AND SER useuse in ormatiOn facilities and services reporttumid reports and generated from the other background community' other sources in an evaluation of the he repot facilities and services of the City. will emphasize the desires o$ thermialnservices- community and the provision of muni P which are directed to the varying, interests of the residents. g J• CITIZEN PARTICIPATION- An ex{;envive citizen part:ic- ipation process will have as pne of its parts a community survey. The citizen participation report will describe the community a-ttif:udes toward issues, problems and alternatives which need to be add. in the planning El ■ II. • P RI M? N A g Y D R A F T -q- K. HUMAN NEED/SERVICES - Since thevision ,f social services, takes place at the regional st effective planning reasonable to expect that thL mo for human concerns should take place at this Level. ecommended that the City contract Therefoxet, it, is r with JG'RPC for human needs/serv:i,ces planning with .specific stipulations requiring certain information spe by cifta n dates. It is exp.ec,tPd that this. change will make planning in this area: more efficient and effective. L, OPPORTUNITIES AND RESOURCES - Due to the changing nature of federal programs this, report has bee;i deleted.. The implementation of the plan will iequ3re priorities which are somewhat pragramsiSe 41 advantage of these changinge The topical reports will go together with citizen 'partao- ipation in the development of gcalls and objectives acs from,there to specific plans and programs.. The topical reports will have a major influence in the. deveOf action of plans, but they will not determine, a course in the future. It is intended that the hesgoalsand objec- tives Iowa tives,be deterministic, developed 'by City and the Comprehensive Plan Coordinating CommIL, tee with staff assistance. PLAN ELEMENTS rocess will It is expected that the Iowa City planning p develop products in four main. areas: A) PhysiC. Plans; B) Human Services PPlans; Process�1Zen � d'etailingaaf�theand D) Continuinglanning expected products follows: A. PHYSICAL PLAN$ - These plans will guide the1,5hysi.cal development of the City. 1. Land Use., Community F2icilities and Tratficways Plan (City Plan). This Plan will be a specific y for document detailing it intent andintensity{of the t� cation land use, location, type arks„ fire of community faciliti&s (schools, p stations etc.) and the location, size ar.d, function of streets. 2. Guidelines for•Develo'pmehtof thisdocu infozmi�nt Will be a definitive state developed in the Land' Use Impact Model �f the Land Use Report. It will detail the i; of buffer to be used to assure that a deyelopment does not detract from its neighborhood. PPAKLIM> NARY -5- D RAF T Area Plans - These will be five detailed, plans for the, development and, redevelopment oE' areas within the City. The arezis are as, follows: a. Central area - bounded by the Iowa Fiver on the west, Brown Street on the north, Ralston Creek, on the east and the Rock Island Railroad on the south. This,area includes the Central Business District and the Urban Renewal area. b. North area - Manville 'Heights plus the area north of Brown Street and nortl;i of the, upper branch of; Ralston Creek iii�side the City limits.; c. East area - bounded by Ralston Creek on the west and north, the City limitsion the east and the Rock Island Railroad op the south; d. South area - everything inside the g1ty limits south of the Rock Island Railroad and east of the Iowa River; and e. West area - everything, inside the C$,ty limits west of the Iowa River, excett Manville Heights. ■ 4. Environmental Protection Plan -- This plain element will help the City to meet; Environmental. Impact Statement requirement's and to preserve the environmental quality of Iowa City. a. Tree Planting Plan arid; Ordinance - "¢he Tree Planting plan and Ordinance will se3;ve as guides and requirements for tree pltinting in the City so that: the natural vegitation. is protected and enhanced. This pliin also: includes the Iowa City Tree Leaflet and the Iowa City Guide to - Parking Lot JSandscaping, b. Environmental Quality Plan - This plan will be a guide to protect the residents.,of Iowa City from the harmful ,side effects of air, water and noise pollution. C. Landforms Guide - This guide will i;idicate the general limitations of soils inithe City. It will be an aid to developers and the City in assuring sound site pla�ining. d. Waste Management Plan - this plan eilement will describe a systematic approach for the City to manage its wastes in an economical and efficient manner. e. Energy - the Energy Phan will be a guide for both public and private energy conserva- tion. It will also indicate ways we can use existing energy supplies more effectively. • P R E I! I N A R Y -6- D'RA,F T 5. Bikeways Report and Plan - The Bikeways Report And Plan will present a skeletal bikei4ays system designed for bicycle safety, The report will specify standards for improvement, The Bikeways Plan will establish a five -priority syistem dor improving the system. 6• Walkways Report and Plan - The walkways Report and Plan will present a sidewalk imprpvement program based on a priority rating system. It will establish a five priority improvement progra to remedy half of the existing sidewalk deficient ■ 7. Housing Plan - The Housing Plan will be a plan and guide for progress in housing. It will identify desirable zoning techniques And other public action to meet the housing needs of the residents of Iowa City. S• Urban Design Plan - The Urban Design Plan will, establish criteria and standards for public improvements and private improvements such as perking lots. It will emphasize preservation of what makes Iowa City pleasant and attra ctive, direct future development patterns. to be consistent with what is. preserved and identify problems that need to be ,corrected. 9• Economic Base Report The Economic Base Report will be the finished product of the economic report. It will be a comprehensive l00% at the economics of Iowa City. It will be a very useful planning document :for both the City and People interested in Iowa City. ■ 10. Iowa City Summary - The Iowa City Summary will be a public information/public relations, docu- ment for the City, It .will briefly describe the history, setting, assets and plans of the City. This will be very useful in answering the questions of many residentsas well As the questions of out-of-town people. ■ B. HUMAN SERVICES PLAN - This Plan will guide the provision of human services in. the Region. It will assistance. be developed by JCRPC with,Ci,tty cooperation and • P R it I M I. N A R Y -7- D R A F 7? ■ C. CITIZEN PARTICIPATION - This part of the pian, will, detail the concerns of the residents of Iowa .City including the following: 1. Community Survey Report - The Community Survey Report will evaluate the response of the residents of the City to the sample survey. 2. Goals and Objectives - As the planning prcicess continues through this fall it is expected that the Comprehensive Plan Coordinating Comaliii'tee will develop and pass on for adoption GcIi, and ,O�b actives for Iowa City. This document] util - be ci statement similar to the General Community Goals and the Goals of the Regiona� Use Plan. D. UPDATE PROCESS - This part of the plan will formulate a process by which the plan can be kept up-to-date in the future. ■ III. CITIZEN PARTICIPATION Citizen participation has to be a primary element i>f the comprehensive planning effort if it is to be effieciive in the long run. This process will help in developing the plan by allowing the Comprehensive Plan Coordinatil'ig Committee to incorporate the comments of the residents of Iowa City. The initial citizen participation process scheduled for this spring was postponed until this summer and fall. It is expected that with more time -,a very meaningful process can be slowly developed., This process his been revised to be extensive in its scope and content, It is expected that the, citizen participation process will consist of the following elements: A. Community Organizations - Contact community organizations as a source for citizen input into the plan. B. Newspaper Survey - A survey that will give most of the residents; of the City a chance to express their opinions on planning issues. C. Sample Survey - A controlled statistically valid survey to determine residents' opin:LonL D. Public Meeting - Meetings at the neighborhood level and at the City level to discuss issues. E. Public Hearings - Hearings will be held to fipal,ize, Plans before they are passed on for adoption. P R I M I N,A R Y D RR 11 F T -8- IV, SCHEDULE ocess, can vary depending personnel levels. T'ne The schedule for the planning pr on priorities established and schedule is being updated and w:i.11 be available later. v, INTERGOVERNMENTAL COOPERATION a ui.res increasing The comprehensive planning process now r.n cooperation with JCRPC. Transportation and Human Services planning are the two main areas in which JCRPC w1.Ll have the primary responsibility. The transportation p:Lanme work of 'JC is well along and will require only some detailing by the City planning process, The human services planning process is yet to begin and will require extensive cooperation between the Compre,ensive Plan Coorm6n tats lfor with specific time requirpef:fort. Committee and JCRPC, Cps planning information from JCRPC human servo. ty Additionally, much of the information surrounding g governmental units. generates will be of use to sL}rrounding g • lanping and as the Cit, P of a Plan continued This information can be share; process continues toward adoption cooperation will become more important. 0 1. POPULATION Issues: Alternatives: 2. HOUSING Issues: Alterls: 3. ENVIRONMENT Issues: Alternatives:__ 4. LAND USE Issues: Alternatives. 5. TRANSPORTATION Issues: AlterVes: 6. ECONOMIC Issues: Alternatives: t1VeS: 7. UTILITIES Issues: AlterVes: T 0 P I C S 0 I � ,i i ,� ' I ,', I 'i, i i� � � �� �� � _ ' 1 � � � I I'I � � ' i� i � � � .� ' � i I I � I i 1 � � �y: ,:,- Z2G *City of Iowa C:I* MEMORANDUM; DATE: November 12, 1976 TO: City Council FROM: City Manager RE: Informal Session Agendas November 15, 1976 Monday 1:30 - 4:00 P.M. 1:30 P.M. - Review zoning applications 1:45 P.M. - Discuss Council agenda 2:00 P.M. - Council time P.M. 2:15 P.M. - Discuss pending litigation 3:15 P.M. - Discuss Council goal setting and evaluations November 16, 1976 Tuesday 7:30 P.M. - Regular Council Meeting November 22, 1976 Monday 1:30 - 4:00 P,M. 1:30 P.M, - Review zoning applications 1:45 P.M. - Discuss Council agenda 2:00 P.M. - Council time 2:15 P.M. - Discuss parking policy 3:15 P.M. - Discuss Model Traffic Ordinance Pending List Design Review Committee Authority Resource Recovery, Coralville and University of Iowa Risk Management Review Title XX with Bob Flibbeler 3/8 Is