HomeMy WebLinkAbout1976-11-23 Info PacketA
Ci#y of lo%%a fCity
MEMI ORA .NDUI"
PATE; November 19, 1976
TO: City Council
FROM: City Manager
RE: Informal Session Agendas
ember 22. 1976
1:30 - 4:30 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
transit advertising
2:30
P.M. -
Discus's
development of old Post Office and site for
3:15
P.M. -
senior
citizen center and housing.
Discuss Ralston Creek Project improvements
4:00
P.M.
Executive Session on Post Office negotiations
ber 23 1976
fiber 7 1976
Tuesc
7:30
P.M. -
Regular
Council Meeting
November 29, 1976
No meeting
November 30 1976
No meeting
December 6 1976
1:30 - 4:30 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. -
Review
FY 77 budget amendments
3:00
3:30
P.M. -
P.M.
Discuss
State Municipal Transit: Assistance .
-
Discuss
HCDA budget for FY 78
4:00
P.M. -
Executive Session to appoint vacancies
fiber 7 1976
1
7:30
P.M. -
Regular
Council Meeting
ber 8,
1976
7:30
P.M. -
Special
Council Meeting
laity of iovva Gi'�i
DAVE: November 18, 1976
TO: City Council
FROM: City Manager P
RE: Leaf Burning Ban
Several weeks ago the Manager indicated to the Council that a leaf burning
ban would be appropriate. The Legal Staff has researched this matter'and
finds that the Fire Chief, has the authority under Ordinance 2711, which
incorporates the Uniform Fire Code, to prohibit burning of leaves. ;Section
27.114, the Uniform Fire Code, entitled "Offensive Smoke and Odors," provides
that "no waste matter shall be burned, under permit or otherwise, which shawl,
in burning, cause or create a dense smoke or odor."
Therefore, it is not necessary that an ordinance be adopted to ban the burning
of leaves. I have instructed the Fire Chief to undertake a publicity campaign
early next fall indicating that in accordance with the provisions of the
Uniform Fire Code leaf burning will not be permitted. If the Council. does
not agree with this ban, an amendment to the Ordinance should be undertaken
to provide for leaf burning.
cc: Fire Chief
3
City of Iowa City
meMORA►1\ DDM
DATE: November 19, 1976
TO: City Council
FROM: City Manager
and Documenting Operating Procedures
RE: Impact of New Legislation
As I continue to dig deeper into the operations of the City, T_ find only
sparse documentation for operations of many functions. .Apparently in the
past, when anew ordinance startted doing assed it.anTher wasrnolve thoughtram gi� n to
initiated the City j on the organization, citizens or changing
a logical process, the impact up
personnel.
'this problem is reflected in the comment in the auditor's report statim ,
"We believe that there is a need for documenting the entire financial s;r em
and, in addition, the individual procedures thataaa thelerformed. This
creation of a fgrmal
could be achieved through systems flow -charting
accounting manual."
had not !been
In preparing a new edition of the administrative manual previously
have collect.'
all kinds of items which
ireq ersohavenexpressedafrustration in the inability
considered. Also,
to assess the impact of legislation which they are adopting and knowing how
the legislation 14111 be implemented after its adoption.,
For awhile I thought the best way to handle these matters would. be fou the
staff to develop a logical proceOOrrlegislationsand then prepare anthe cost and eadmini,s'
mental impact of any new policyits
trative policy to carry out that dec decision
after and encouragethedevelopmei Of
level of frustration in trying
to
such a program when there are ottsrbe aglong timeybeforelit happens ea�id that
the conclusion that it is going
the problems as with the present conditions should not be rep:„ated.
to prepare £or
Some people may feel that the remedy being recomm�;nded in this memoraidum 1s
worse than the disease, but I doubt it states I amthe cityaCrtnnnt1
adoption by the Council a policy 1 moll
will consider new legislation, rezonings, etc., the initiating P
board or commission will provide an estimate of the cast of what sung app
will mean to the City, the environmental impact of such approval, anc a copy
of the policy orilegislative decision Whiif le certis ainlyuiredwon ttbe loowill king nF rt the
works such as the Federal Environmental Impact Statement, I thincan k as]cing
thequestions more effective policy tend to mOv andeprovideus in abettertservice oion in w ctheepubliccco l��r
cc; Department Heads
i it
I
Ii
.0
. 00
I
n
rn
in,
yo
7
vv 0
MOON
ro
0
I
City of Ionia city
MEMORANDU11/1. .
DATE. November 19, 1916
TO: City Council
FROM: City Manager
RE: Informal Session Agendas
November 22, 1976 Mondav
1:30 - 4:30 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
transit advertising,
2:30
P.M. -
Discuss
development of old Post Office and site for senior
1:30 - 4:30 P.M.
citizen center and housing.
3:15
P.M. -
Discuss
Ralston Creek Project improvements
4:00
P.M. -
Executive Session on Post Office negotiations
November 23, 1976
Tuesdav,
7:30 P.M. - Regular Council Meeting
November 29, 1976
Monday
No meeting
i
November 30, 1976
i,
Tuesday
No meeting
December 6, 1976
;vbnday
1:30 - 4:30 P.M.
I
1:30 P.M. -
Review
zoning applications
1:45 P.M. -
Discuss
Council agenda
2:00 P.M. -
Council
time
2:15 P.M. -
Review FY 77 budget amendments
3:00 P.M. -
Discuss
State Municipal Transit.Assistance
3:30 P.M. -
Discuss
HCDA budget for FY 78
4:00 P.M. -
Executive Session to appoint vacancies
December 7, 1976
Tuesday
7:30 P.M. -
Regular
Council Meeting
December 8, 1976
Wednesday
7:30 P.M. -
Special
Council Meeting
it
i
Pending L?st I
Design .Review Cormnittee Authority
Resource Recovery, Coralville and University of Iowa
Risk Management
Review Title X)C with 13ob Hibbeler 3/8
Model Traffic Ordinance'
'll
'i
I
I
i
i
I
H
r�i
I �
t
I:I II
II
i
I
II G
City Olt 1400 PIN,
M = MORANDtim
DATE: Novembor 18, 1976
TO: City Council
FROM: City DIanager M /
RE: Leaf Burning Ban
Several weeks ago the Manager indicated to the Council that a leaf burning
ban would be appropriate. The Legal Staff has researched ,this matter and:"
finds that the Fire Chief has the authority under Ordinance 2711, which
incorporates the Uniform Fire Code
27.114, the Uniform Fire Code, entitledto "Offensive Offensirohibit ve Smokof
andeOdor � vigN,
that "no waste matter shall be burned, under permit or otherwise, which sha'�
in burning, cause or create a dense smoke or odor." r Provi
Therefore, it is not necessary that an ordinance be adopted to b
of leaves. I have instructed the Fire
early next fall indicating that in accord ce an the burrijj
Chief to undertake a publicity cwgQ,
Uniform Fire Code leaf burning will not bee permith thed. Prov ,sions.of the
not agree with this ban, an amendment to the Ordinance shoIf ut be Council
`
to provide for leaf burning.
cc: Fire Chief
�J
0
City of lo:wa City
DATE: November I'l, 1976
TO: City Council
FROM: City Manager
RE: Impact of New Legislation and Documenting Operating Procedures
As I continue to dig deeper into the operations of the City, li find only
sparse documentation for operations of many functions, Apparently in: the
past, when a new ordinance was passed or an administrative prggram was;
initiated the City just started doing it. There was no thought given to
personcal,process, the impact upon the organization, citizens pr changing
This problem is reflected in the comment in the auditor's, repdig7t stating,
'We believe that there is a need for documenting the entire financialsystem
and, in addition, the individual procedures that are being per4ormed. This
could be achieved through systems flow -charting and the creaticn of a formal
accounting manual."
In preparing a new edition of the administrative manual we have collected
all kinds of items which require documentation that previously had not been r
considered. Also, Council members have expressed frustration is the inability i,
to assess the impact of legislation which they are adopting and knowing how
the legislation will be implemented after its adoption.
For a while I thought the best way to handle these matters would be for the
staff to develop a logical procedure for assessing the cost anal,the envirom
mental impact of any new policy or legislation and then prepare, an admLnis-
trative policy to carry out that decision after its adoption, iiowever,,my
level of frustration in trying to sort out and encourage the development of
such a program when there are other on-going daily priorities has led me to
the conclusion that it is going to be a long time before it ha]
rpens and that
the problems associated with the present conditions should not be repeated.
Some people may feel that the remedy being recommended in this m'iemorandum is
worse than the disease, but I doubt it. Therefore, I am going,to prepare for
adoption by the Council a policy which states that before the City Councii
will consider new legislation, rezonings, etc., the initiatingi,departmefit,
board or commission will provide an estimate of the cost of'what such alipinval
will mean to the City , the environmental impact of such approvE�l',, and a, copy
of the administrative procedure, if any is required, that will implement the
policy or legislative decision. While I certainly won't be looking for,,
works such as the Federal Environmental Impact Statement, I think asking!
these questions will tend to move us in a direction in which we can accomplish
more effective policy making and provide better service to the public.
cc; Department Heads
City of 1.0waiCit•
MEMORANDV
DATE: November 16, x!976
TO: City Council
FROM: City Manager Y.k f/
RE: Permission and Indemnification Agreement for Sidewalk Vaults
The Permission and Indemnification Agreement, which was furnished in. the
Packet of November 5, has been reviewed by the City Attorney. It is our
other -
merchants Washingtonat this Street who haveent should be sprev ouslyehad vaults with ut any
agreement.
The Agreement formally establishes regulations for an indemnification. agree-
ment and a requirement for insurance. If any merchant should declifie to sign
the Agreement, it will be recommended that the City charge a fee for the vault
to cover any insurance which the merchant might otherwise have provided.
I• •
City of loWa; City
MEMORANDUM
DATE: November 15, 1976
TO: City Council /
FROM: City Manager
RE: Perpetual Care
Several weeks ago the City Manager reviewed with the City Couna'il a memorandum.,,
from the Legal staff concerning the application of the cemeteri, lierpetual care.;,
trust fund to the operating budget of the City. At that time the City Council,;;
asked that further consideration be given to the possibility of petitioning
the court for termination of the perpetual care trust fund.
Enclosed with this memorandum is a review of that question by Assistant. City
Attorney Angela Ryan. The conclusion is that '!all the considerations are
against the trust being set aside." Therefore the staff recommends to:the p
City Council that efforts be, undertaken to reconstitute the cem iery trust fund!q
TO:
FROM:
N4
+City of Mowa Ci•
John Hayek, City Attorney
Angela Ryan, Asst. City Attorney
Perpetual Care Trust Pund
DATE: November 2, 1916
FACTS
Neal Berlin requested further research on the advieiability
of petitioning the court to terminate the Perpetual Care Trust
Fund.
QUESTION PRESENTED
What are the factors a court in equity will conic in'
allowing the termination, of a trust?
CONCLUSION
The court will consider the nature of the trust, v4 ethe:rs the
purpose for the trust still exists,, and whether all interested
parties agree to its termination. In the case of the Find, all the
considerations aze against the trust being set aside: ,there is a
strong public policy to assure the maintenance of cemeteries; the
court is reluctant to defeat the object of the trust and the n=ed
for maintenance still exists, lot owners or their surviving
relatives are not likely to consent to the termination : especially
if the City plans to retain the corpus of the trust.
DISCUSSION
Relatives have been given standing to require an 4ccounting II
for monies received. The court in Braet al. v. pl.ewi�od,emetery r
Brown Ma
Association, 89 N.W. 872 (1902) ordered restoration ot'funds-'Which
had been misappropriated and appointed receivers to adiiuxistei; the
fund under court supervision.
A trust will not be terminated merely because it has beo,?me
burdensare or impracticable. 76 Am.Jur. 880. In Jewi:)h Center of
Mt Vernon v. Mt. Eden Cemetery Association, 211 N.Y.S'2d 334' (1960),
the operator of a cemetery sought refarmation of a perpetual care
contract because the funds provic;ed by the contract no longer covered
the cost of maintenance. The court refused to reform the contract,
holding that the intent of the contract was that it continue in
perpetuity. 'i'he fact that inflation had made the obntraa� a pooz
bargain did not mean that it could be changed. In French!v.. Xerp SCR
Com, 35 N.Y.S.2d 826 (1942), plaintiff had paid 5,01; for �'
perpetual care for a mausoleum. Ten years later, she sow:jht the
return of the principal. The court held i:hat the contraa4 was not
terminable at the will of either party.
Perpetual care funds cannot be diverted from the purpose to
which they were dedicated. Cave Hill Cemetery v. Gosell, 161 S:W. 980
(1913).
cc: Neal Berlin, City Manager
I
City of lowCAN
MEMORANDU '
DATE: November 18, 719.76
TO: Department Heacls
FROM: City Manager
RE: Termination of Services to University Heights
On July 8, 1975, the City of Iowa City sent the attached notice to University
Heights indicating that all services will be terminated on December 31, 1977.
Please provide a memorandum concerning what actions will, be necessary to
terminate services on that date, the cost of whatever changes maybe required,
and the time required to implement those changes.
cc: City Council
City Attorney
0
July 8, 1975
Mayor David Belgum and Members
Of the City Council
City of University Heights
Iowa City, Iowa 52240
Dear Mayor and Council Members:
0
The purpose of this letter is to review. and comment
with regard to the contract for services between the City
of University Heights and the City of Iowa City.
Mr. Alan Leff, your City Attorney has indicated that he.
does not place the same interpretation on the previous notice
of termination of services as does the City of Iowa City.
However, he recognizes that it is necessary for the two
communities to resolve the matter Of computation of currept
services provided under the contract, and that further
negotiations should also take place regarding long range
contract provisions.
Apparently as a follow-up to Mr'. Leff's letter, I rerelved
a letter dated April 16, 1975, from Mayor Belgum and resp9nded
on April 29th, requesting a specific response from Univer,41 y
Heights for information which the City! of Iowa City deems
necessary before productive negotiations can continue. Tcj date,
no information has been received. Consequently, Mr. Pugh
recently contacted Councilman Rhodes and Was informed that all
further communications between the two, contaunities should be
formally presented directly to the City Council.
As a the positions oftof MRhodes'r.
IowaCityconcerningethe contract st, this twith sUniversity
Heights. This letter shall serve as official notice of IN&
City's intent to terminate the agreement for services on
December 31, 1977. This notice is in accordance with paregraph 2
of the Agreement for Services dated November 2, 1966.
Mayor Belgum a�uem�irs
161y 8, 1.975
of the City
Page 2
The City of Iowa City has communicated its
intentionstto
you since 1973, and specifically on April 12,
good faithNo satisfactory1974,
rresolution hason yourtbeenreneestablisheotiaed. Theocostst.
of services providedby
ouraccomnunity to University Heights must
be borne completely y y
The City Council of Iowa City urges that You enter into)
be reached
immediate negotiations with the City Manager and the Director
of the Department of finance so that an Ientthere oegient re during
as to the extent of services and the pay!.At the
the interim period until December 31, 1977. for the 18emonth
time, an amount of $3,994.5. remains unp.i
period ending
June
comerstood9and Iowa CThe Xtynis��pre�iaredttonlimit our
the services the services called for in the agreement to .a, Heights.
The compatible
with the financial resources of e University Heigh,
council's position is as related in Mr. PUgh •.letter of
March 25, 1975, to Councilman Rhodes and any interim arrange
calcu ationeiconsistt ndicates a paymentthe
forsservices0oftatrleast The
$105,000 for the fiscal year beginning July n 1975 ay all past
If the City of University Heights edj9iously ot conclude
due amounts and/or enter into and exp
negotiations for the interim
will beperioiredat�gconsiderrthe �ter+ni{n'
the City of Iowa City
ation of all services with a 30 day notice. Your cooperation
is appreciated.
Sincerely yours,
Neal G. Berlin
City Manager
cc: City Council
city Attorney
Director of Finance
PGB/mwh
tr
M CIVIC ClNTEN O;F WA6NINGTCI4IT.
e
IOWA G'r. rOwA 57aU
f; r' ~ November 19, 1976
•IOW
MAYOR
MMY NEUNAUFER
COUNCIL MEMa&RI
ANN 6ALMER
CMOLO PROUE
L P. POI TER
OAVIO FERRET
MAX66LZER
ROlERT VEVERA
Mr, Ben E. Summeraill, President
Iowa State Bank $ Trust Company
Iowa City, Iowa 52240
Dear Mr. Summerwiil:
The enclosed letter has recently been brought to our attention. It
appears that there is a serious question as to whether Ioiaa Statin Bank
and Trust Company can construct the facility previously planned :...r the
Clinton Street site and reviewed by the City. Before the City reaches
an agreement with Iowa; State Bank and Trust Company concerning tlfie trans-
fer of the parcel, it is important that.there be a clear Widerst,anding
as to the nature of your plans for that site.
S' ce 1y yours,
Nea r m
City Manager
cc: City Council
City Attorney
Mr. Paul Glaves
Mr. Donald Zuchelli
Mr. Jack Klaus
I
HTEITT "A"
Ben
Statri S crwillI Presic?ezt
rc 6parr
� atY, � 5224o zao Y
`ar R090sal by Iowa
State s'
^s. s , . "will: °�f fice
`'11 it t��vu �r,s�yi
Wille �'
� o �.a vise you thL't Pursusrst to .
GartaYfor l lay Ftaelit�otiOn b-Axrat'�e as P Jct StAte B iclx�&°f-j i t ? o2q,
1202
Federal
Dcposit Irsms been z iceMLbJect to L r3ozaCe.a o appst', r �i
mat on for c
off �a c be 10C,21ted atv ;r °n cxirxut.cr; t;e ablis at cif f cilit}.
°•'d•Y F'urzs 3 5 Souta C1LZ _ pro�,x 'dc tad
L'
It rcr�ivir" ccrosits .Iowa City, will 4 ihtc,� y
�rical and rcutirse duti"y, JTc a j castisit f°r Ulu 'sole
other Obaricir,y scrvicc s ire: Will not E:rov[dL iJ d " `"'n`! resat
P of mess of tk s d 1 w i m^oti� to ta `iyir a -IV of ttja
1/O�Ver, ot-fs at:'qthe prinoip3l
✓a1�1�n r"=9ard to the r,roo� szatea t`srs.
to irk cars bye o in 2-;, 1.77uffzc tua at
j Sous: c1u�t , t
oZ
fianiati t' is of aati with �: Sc` is rev�� : .4
�slnittol, fico cit`s Cost f. Ln -s -s prodec. _t x
iM1YLS t9 .h-c111Cru E'`' Jygs-"y.'
�Prova1 ^ �'� °-'z91rally
as f for I(;.:,
1- i ai= 't.i �� tate t. Y +, ust /•^__ t `.
Aver'ue, Cbralv1110 00%; State
eiF ttv_ o W'M4A4:� 1 .ti
as follows- , :sot to , . t � ^ .. ;. ='x: Js,:: ar
llors: �-) �atd in to ouz l�o.Ltct: at yy0 First
dcv'21ce. ' Ll06 for in total,
tal d $121
L� �rsl as ^ .000 � est.
�t<itaiti,: of
t}a 'nzil�ix , i-sroF:nrsdMal
f arc; fLYtur�s as sta jlIcatlen n theoffice'd `'297816[ for site
to tills
mit arses In Lisa event ation to S 8.� 18 for
tional a tat a,st sht«'eral Xi�3i,t
ra : thiJ o_fxc_sa11
■
r
zcw,i State !iarlk
zcwa city, za..•a
Pac,+3 2
in the eves.=
In cam» ectir7 .rit'i t'v a, ; :Li anon you arut tri: ur year tle airprcrr s
i s Cot c:e:'kM
er
cratien of tic (.11 c, : cecn
0:I Oi
.'14
tlllC cfor
'C9':'C;1CCtO.:11 dRO sufficient G:�37t
Ln L.SS G..E�CL �
c,=ante c or �:ithnraw t�
'L''J' `3 Of`.iCe� :•:>V'Vl:.ri .. .r.� t�• •i1 =c cause us to 'jT'Cl sk'C�l actio:.
an i:. :• r:: G: T:iOL
rJeoessa_'Y.
Please asivise this o«iri: in suf'icient ti;-.1a prior to
its operation c'y`
mwr ban` dnx 9 of so t:,t a certificate autl=iziiny
• th' il.
Vey tray
iN.
mpaty
cc:
c:
y..
tt
0 CO MEIICI, CIVIC CLNTER ISLE `IVASHINGTON ST.
II of �� //�[� /^(L ///y� IO WA CIT• IGWU67 N0
;¢ E^ -C c �I /n�j U,D 751,1806
November 19, 1976
MAYOR
MARY NEVMALSER
COUNCR.MIMBERS
ANN BALMIER
CAROL&. AOSSI
L F. FOSTER
DAVID FERRET
MAX SELZER
ROBERT VEVERA
Mr. Jack Klaus
Project Director
Old Capitol Associates
109 East Burlington
Iowa City, Iowa 52240
Dear Mr. Klaus:
Your concern and the concern of your partners about the status of the
College Street Mall and related public infrastructure improvements in
downtown Iowa City is acknowledged. The City fully recognizes your invest-
ment in the Plaza Centre one building and the complications which have
arisen as a result of your moving forward with the office building and
the concurrent delay and reexamination on the City's part with regard'to
the proposed public infrastructure improvements on 'the mall. As yoµ can
appreciate, the court decision which invalidated the l;urd disposition
agreement between the City and Old Capitol has created an atmosphere of.
uncertainty and perhaps some confusion with regard to future City intentions.
Let me assure you of the City's intention to move forward as expdditiously
as possible in resolving those issues related to downtown investment and
planned public expenditures. A desire to resolve the Larger disposition
issue is clearly demonstrated by retention of the consulting firm of
Zuchelli, Hunter & Associates, Inc. A new land disposition process, will be
implemented early in 1977 and will be fully consistent with Iowa statutes.
The City is taking immediate steps to resolve the uncertainties which may
affect your Plaza Centre One building. In this regard, the City has agreed
to retain the firm of Lawrence Halprin $ Associates to seek physical solu
tions to our common problems.
A specific sequence of events which are intended to respond to your concerns
for the Plaza Centre one building have already commenced with retention of
the Halprin firm. We expect to have preliminary solutions from the 0alprin
firm early in December. We encourage your organization to participate in
these deliberations and are willing to arrange for joint consultation between
our architects. Please call me regarding this matter at your convenience.
All design work for the adjacent public improvements should be comgalete by
spring 1977. We would expect construction to beginsoon thereafter and reach
completion by late fall 1977.
Mr, Jack Klaus
November 19, 1976
Page 2
As you can see, Iowa City is moving forward to
which arose from the recent court decision. We
to resolve problems which occurred as a result
which may impact the Plaza Centre building. Pi
the City and Old Capitol were held in good fait
discussions regarding the mutual interests bets
continue along responsible and equitable lines.
clarify many of the issues
are making specific efforts
of the court decisigR and
evious discussions between
h, and I hope our fiture
,een the City and 010, Capitol
If you have any questions concerning the City's commitment to the downtown
urban renewal plan, please do not hesitate to contact me.
Sin re yours,
/A/e-ow
G, Berlin
City Manager
cc: City Council
Mr. Ivan Himmel
LINK Programs
4415 {gest Harrison Street
Hillside, Illinois 60162
0 0
city of IOWA Ciity
MEMORANDUM ._-.
DATE: November 9, 1976
TO: Neal Berlin, City Manager � 1
FROM: Scott Kyle, Legal Intern V,v �"Y
RE: Feasibility of an Iowa City "Ban the Can" Ordinance /
SIMILAR REGULATIONS ELSEWHERE
Most "ban the can" regulations are patterned after the Oregon State
law, which has thus far been upheld in the Oregon courts as osuistitutional.
Following Oregon's lead, many other states haul introduced sjj41ar legisla-
tion aimed at the prevention of littering and a more efficient use of natural
resources. Federal legislation in the area has been pending for year`,7
According to the OSPIRG report on the, Oregon, law, some munici:p4lities in
the United States have enacted "ban the can" o:cdifiances. ThdreFort'rsmes
Oberlin, Ohio, Bowie, Maryland, and Richland County, Wisoonsih� specifically.
Attached is a memo from Bob.Bowlin relating his conversation With a sponsor
of the Oberlin ordinance, and a copy of the ordinance• itself.j Also sent with
this memo is a booklet on the Oregon law,, which provides statin , al informa-
tion and a good history of the legislation in Oregon.
IOWA CITY'S AUTHORITY TO ENACT SUCH -AN ORDIRANCE
Such an ordinance falls within the scope of the City's police power,
especially in light of Home Rule. The city's,pocaer to enactlitu this area.
is further increased by the conspicuous absence of state legislation deal-
ing with the problem. Certainly state legislation would be timch,more;effec- i
un
tive, as it would provide for iformity and thus reduce costs', and difficul-
ties of enforcement. But since the State has thus far chose:R.not to act,
the way is clearly open for the city to enact its, wan ordin4ce. Mangy
proposals elsewhere are based on taxation of non -returnable Containers, but
since the Iowa Code does not authorize such taxation, an Iowa City orC]inance
would have to be a clear "ban."
PROBLEMS
The main problem is that of uniformity. The effectiveness of any
is
Iowa City "ban the can" regulation would be seriously undermlL ed if Coralville
and other surrounding eonmanities did not also ccaply. Many xowa Ciitians
already do their shopping in Coralville, espedially "conveni0ce shopping
for beer and soft drinks; more might be expected to shop in'Cgralville if
they desired the convenience of non -returnable containers and could not
purchase them in Iowa City. This shift in business would huj: Iowa City
merchants, and they can be expected, to voice their oppositienq The coopera-
tion of Coralville would of course lessen the impact.
1
0
i
Further opposition might reasonablyi�
retailers of beverages exT�ected from distributors andlyi
g which are not CL available iz* returm-.ible �`i,l�
tainers. Certain brands of beer and soft drinks ca; only in cans .or dcon-i,=
able bottles. This is especially true of house brands of soft an8�os
chain grocery stores. Banning the sale of bevera solak
would effectively ban tges in non -returnable conta' ers
he sate of
certain beverages altoge cher,, fj
These arguments and others like them which
and retailers have all been raised in emphasize hardship to bottjj� s
in favor of the legislation due to the Oregon court battles, aad'resoly�
reduction of solid wastes, an Over-riding public ir{terest in the ill
voiced in Whether the arguments would cazzy nnr'e.tiveight w�VM f
opposition tiey to a local, small-scale ordinance, is tjuesticva5ble, bui,
it appears that they might.
DESIRABIT,ITy OF 7,M ORDINANCE
On the positive side, such an ordinance would probably ,result in less
littering and more efficient utilization of natural resources. OSp2RG's n
"Oregon's Bottle Bill," 1974, reports a significant resources in littering
D
their state statute was passed. Similar results are reportOd elsewhere, v
ing an article entitled "State and Local Regulation of Nonreturnable;Bever<
Containers," in 1972 Wisconsin
tion Agency Law Review, page 536. The Environmental Prc
success. has endorsed such legislation at the federal, level, citing Orec
The end results of e "ban the can" Ordinance are desirable and Within ti I
scope ed municipal police power. Si Ordinance
the state legislature has thus far ..I
declined to act e the n un t is up to municipalities which desire such legisl.
tie es act en their ower under Home Rule. State legislation Vould of!course.be
the best alternative, but is not immediately .forthcoming, The same is true o�
federal legislation.
i
If O f C City decides to act in the area, it should activgAy seek the coaFj11
eration of Coralville and perhaps sores other surrounding c n¢iitiee in e
effort to promote uniformity and avoid a cL-astic shift in buying habi,�c.
City merchants be hurt if coralville does not reciprocate, andIowztii, 'their r
economic loss is of course of great concern to the City as a whole.
i�
a
TO:
M I
FROM:
RE:
i
fI r r
l \ L., Lw -j'4 , I „
DATE; October 29, 1976
Ban the Can file
Bob Bowlin, Asst. City Attorney
Telephone Conversation with David Sonner
Mr. David Sonner, currently the Vice Charman of tine Oberlin,
Ohio, city council, and chief sponsor of the city's ban the can;
ordiance, called me on Friday, October 29, 1976, with regard to,
their ordinance.
Mr. Sonner lr lipves that the chief beneficial effect of the
ordinance has been to bring public notice to the question of tie
use of natural resources. As stated earlier, their oxdrance bans
the sale and possession of throw-aways. Mr. Sonner stairecl that if
he had to do it over again, he would, rather see a tax or mandatory
deposit ordinance as opposed to a ban on the sale of thrcw-aways.
Mr. Sonner feels that there has been a noticeable reduction
of throw -away litter on the streets of Oberlin, a conclusion shared
by the City Manager. Mr. Sonner also, feels that one of thet benefits
of such an ordinance is a reduction in government cost inn,, dealing
with waste. He believes that in cronsideririg such an ordinance the
City should look at its costs of throw-.iway trash disposal anti'
see if the ordinance might save some money. He feels that the
ordinance places the burden upon merchants to handle bottles if
they must handle returnable bottles, and retroves the cost of handling
the throw-aways from the city.
He also noted that the referendum scheduled for November 2 1976,
in Michigan, on whether or not the stato should adopt a ban the can
statute has been supported by the Governor and a number of state
governmental departments and a numer of farm groups inclilding .the
Farmers Union, the Farm Bureau, and the Milk Producers Association.
Mr. Sonner will be sending us since naterial from Michigan and
from other places. He also indicated that he would be v6:Ly happy to
talk with any members of the Council or other persons conoernin*
Oberlin's ordinance. You may write Tum at the following aiddress:
David Sonner
253 North Prospect
Oberlin, Ohio 44074
or call him at his hare. His telephone number is (216) 774-1601.
1
0 ORDINANCE No. 8011 AC CMS
THE :E
... ,.,' all Fars:
IN CERT/llt: IlDN-RETU:G:L,.LL G.,
UISPU�A..Lr C rAG�
CONTAINERS WiTttltl THE CITY Or GucRL;l6.
WHEREAS
Chc, use of certain dispos bie beverage containers
their consequent disposal is producing an adverse effect upon the,e;nvironrtant
which is injurious to he health, safety, comfort, convenience, wgl.!fare ano
nappincss of the residents of the City of Oberlin; and
WHEREAS, pursuant to the Charter of the City of Ohuriin, .the{ City
Council has the power ,o pass such ordinances as it the
;.nd promotion of the health, safetyd{;„eems ngccssaret, for t, «tithe
and nappiness of residents of the City; and „ comfort, coovenien
WHEREAS, pursuant to said authority the City Council deems it in the
public interest to prohibit the sale of or possession for consumpti ,1 of hijv-
erages in certain non -returnable or disposable containers within the coropratc
limits of the City of Oberlin in an effort to curtail the steady dc��radation of
the natural environment;
NOW, THEREFORE„ 3C• IT ORDAINED by the Council of the Cit
Lorain County, Ohio, a majority of all members elected thereto concuEring:
y Of Oberlin.
SECTION 1. The: sale
certojn non -returnable or possession for' consumption of bevetIages in
Or
beverage containers as herein difincd:js
hereby prohibited withinn the corporate limits of the City of Ober]iq;
SECTION 2'. Definitions
For the purposes of this Ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein:
a. Beverage (s) shall mean:
I. Non-alcoholic beverages - any mineral waters,
soda waters or any other carbonated or uncarbonated beverages
not containing alcohol that is commonly known as a sof; drink.
2. Alcoholic beverages - any beer, ale or other malt
beverage containing one-half of one per cent or more of
alcohol by volume and not more than 7 per cent of alcoh,til by
volume.
b. City shall mean the corporate limits of the, City of Obelilin.
C. City Manager shall mean the City Manager of the City of 'Oberlin,
or his designee.
d. Container shall mean any device made of glass or metal material
used for the purpose of holding or containing either soft drinks or
beer.
e. Non-retu&le or disposable beverage caa� Hers he p mean,
any device ma a of glass or metal material usec{'for the puroosa of
holdinn or contai`incenteither
s oltcdrinks
ontent andbthe t tleeer or lto which,
`s
not exceeding 7 P'
the seller intends to pass the sale of the contents.
f. Sale shall mean a commercial transaction by any person, firm,
individual, corporation, partnership or vendor whereby beverage's
are exchanged for a monetary consideration.
9, Possession shall'mean the physical possession of non-retur.pable
or disposable beverage containerin
no antrashation collecs,ione City of
Oberlin other than for the purpose
SECTION 3. Inspection_
The City Manager, or his designee, shall have ta authoritrsto or
enter upon the premises of any firm, Individual, {
vendor selling beverages and which is licensed to conduct a business under
the laws of this state, for the purpose artnershipof aor vendorng
intcompH ancee
if said firm, individual, corporation, p
with the provisions.of this Ordinance.
SECTION 4. Violations
Any firm, individual, corporation, partnership or vendor selling
beverages or possessing beverages in non -returnable or disposable obeveraof g is
containers within the City, found guilty of violating any P
rovisiOrdinance, shall be guilty of a misdemeanor and shall be punished by a (she
(
not exceeding one hundred dollars ment.O0Each dash
violation of the p�o-s
(30) or both such fine and imprisonment. Y
visions of this Ordinance shall constitute a separate offense.
Possession shall mean the actual physical possession of beve:rages,' in
s defined above,
non -returnable oorationspartnersfilable agfoundtwithrsaaid non eturnable bottles orany rm,
individual, corp puilt !of a
cans for beverage purposes except for trash collection, shall be g Y
misdemeanor and shall be punished by a fine not exceeding ten dollars (,$10.00
and costs. Each days violation of the provision of this Ordinance shall con-
stitute a separate offense.
SECTION 5. Sever, lit✓
rable
The provisions of this Ordinance are here;bardeclared
thereoftisbhell�villega':i,
and if any provision, sentence. clsection
anyopersom or circumstance, such
invalid, unconstitutional or inapplicable
illegality, invalidity, unconstitutionality or inapplicability shallinstorffec is
or impair any of the remaining
heir application to'personssentences,
and circumstances.'
of this Ordinance or their app
SECTION 6. Effective ivy e'
This Ordinance shall be in full force and effect
January 1, 1972•
PASSED: 1st reading: July U, 1911
z6, 1971
2nd reading: Y
3rd reading: Sept. 7, 1971 /s/ R— th 6_ Or_g2 _,
ATTEST:
POSTED: 9/14/71 Clerk of Gounci!1
from and 'after
Chaia;man of Conci
ul
0 •
City of lowa.p City
i
MEMORANDUMIT
DATE: November 12, 196
TO: Neal Berlin, City Manager
FROM: Finance Department
RE: Newspaper Recycling Program
NEWSPRINT RECYCLING PROGRAM
October, 1976
Surplus (Deficit) Beginning
RECEIPTS:
51.432 tons X 40% of $42.50 per ton = $17.00*
DISBURSHAENTS:
Labor $603.13
Equipment 201.85
Surplus (Deficit) Ending
*Price received per ton up from previous rate of $16.00
cc: Dick Plastino
$(8,684.57)
$ 87,1.34
$ 80.4.98
i
i
$ (8, 61 21)
d
976
!2,t0
/ CIVIC CENTHI AIO EAtH'145 ONS{:
f I �'77r/,/rJJ�,�/ •WIOWACYJY.IOWA 522W
C/L��iJ/ V� IC/ W W �1��� 13�1tI13s�•feoQ°° % U November 16, 1976
a
MAYOR
MANY NIUNAW EN
COUNCILMEMIIAI
Y1NN IA W IN
CAAOLGNIILWE
L E. /O/TII1
DAVIOP19A T
MAX39U 1
HOBE" VEV/IIA
Mr. Larry Waters
510 East Burlington Street
Iowa City, Iowa 522140
Dear Mr. Waters:
Several days ago you called and left a message objecting to the mothod
by which the City is instructing appraisers in the Urban Renewal Reuse
Appraisal Program.
There are, of course, many complexities involved when the City pre.,Ipares.
to place on the market nearly twelve acres of land in Ow central burin ss
district. As you are aware, the City, as client, is obligated tojpeovi1k,
to an appraiser as much factual data as possible together with a goal
definition.
Receipt of yo-ir objections in writing certainly would provide us with a
opportunity to carefully consider your comunent.s.
Sincerely yours,
Neal G. Berlin
City Manager
cc: City Council
0
U
CMC CEh»EFL atSt OvVrZav3267�
1
3�9.35q.lgpp
I
NOVCmber 16, 1976
Mr. Thomas R, Breese
p•0• Box 2267
Iowa City' Iowa 52240
Dear Mr. Breese:
On behalf of the Cit
y Council
n toerning solid waste obtain 1 fees like
to thank you .for your ed to help Council osal
logical decision, all view Letters as y fi letter
points gp that you are,
At the they may make !
from rebatesl� Present the City Council is
adding a refuse businesses, Is e�Flor-
homeowners nolo collection and d• and apartmenIngpcomp, s rynging
the i,1 picked a isposal dtarge to allmpeeXes to
tom ill be views
o through citof>tions and l wop_CamiL g weeks
Your viowsall In the u
ghaut the process. uld eilcoura e
g you
Sincerely,
ch; rd s pl
Director of pubic: c }Vorks
RJP:bz
cc: City Clerk
City Manager
City Council
.. COMMENCE . �• 64al
^!CMCCEMER�aOE WASHINGTON ST.C/ ' /IOWARITY. iCIWA 42a0
1,,,� ■\���/!!(�(((�f/ 3T435a•Veao
m 1�
•IOWA CITY, IOWA
n L1lur .
November 16, 1976
Mr. Don Doumakes
304 Kimball Road
Iowa City, IA 52240
Dear Mfr. Doumakes:
1
SIMILAR LEITER ALSO SENT TO IvR. ELI11OTT NORSE $
MSS. VUGINIA FOX NORSE,
The City Council has asked Public Works to respond to yqur letter
sent to the City Council on October 2.1, 1976.
The major reason the City Council is concerned about putting stop
signs on sloping streets is that pedestrians tend to feel they
are protected by stop signs, and therefore expect all cars to stop.
With snow covered streets many vehicles, will be unable to stop.
It was felt that it would be better for the pedestrian to remain
in a high state of awareness without stop signs, than t,d rely on
stop signs when, in fact, vehicles would not be able to stop..
You are correct in your statement that stop signs now exist on
four lane roads elsewhere in the community, and it is always
possible that a vehicular driver may not see the stop sign if
they are on the inside lane. The major difference between Madison
Street and other locations in town is the high volume of. pedestrian
traffic. Your suggestion of a flashing red light does appear
feasible, and if severe problems are encountered a flashing red
.light would be a definite possibility to alleviate the situation.
On behalf of the City Council I would like to thank you for your
letter and for your interest in pedestrian safety.
Sincerely,
✓ l
_ Richard J. Plastino
Director of Public Works
RJP:med
cc: City Council
City Manager.
City Clerk
HAYEK, HAYEK & 1-1111
YEK
ATTORNEYS AT LAW
WILL J. HAYEK 110 EASTWASHINGTONTREE
JOHN W- HAYEK IOWA CITY, IOWA S
2240 C. PETER HAYEK 1,976
November 11,
Mr, Daniel Boyle
Attorney at Law
Bremer Building
p• p. Box 2150 52240
ARCA COpE 910
337,siio6
Iowa City, Iowa
Re: Subdivision of Miles 6 Bypaess in Iowa
CorCitypor
ation Land at River:lide
Drive and Highway
Dear Dan:In your
nse to your letter p xr lientseare the
This letter is in respo
letter you indicate that you do not believe that y
11original proprietor" under Section 409.1.
pies you cite and particularly :have
of December 21, 1962. I n t
I have reviewed the autho' : set 62.foris that
reviewed the Attorney General's opinionarently
agree with the conclusion apparently
permit by the
afraid that I cannot
opinion. The conclusion reached there would apparently
use of straw corporations or other devices, an evasion of the intention,
as I understand it, of Chapter 409.
I few
one owner. It is now proposed
In the situation under consideration here as recently as wilding and
this tract of land was owned by owners, sFeOifically Midwest p
months ago and David Braverman.
that the tract be owned
by
Development Corporation, wired under the
Realty Corporation, lot is req
protect the public interest in the
I believe that C this situation a subdivision p
provisions of Chapter
of O9 in land, order to p
orderly develop ifficult, one.
I certainly realize that the question involved here n a d
knowledge the Iowa Supreme Court has not rea Supreme
e
To the best of my However, unless th rlob er procedure
specific question raised in this case.
Court would direct us to
do otherwise we believe that the p ha ter
is to attempt to carry out what we understand to be the intenttpn of P
409. Very trul you s,
&oh-
Iiayek
JWl-I:vb
cc: tzftY Council of Iowa City
Mr. Neal Berlin
jr. Cene Dict-
RFCr „r-ri y 91976
Johnson County Council on Aging
538 south Gilbert Street
Iowa Pity, Iowa 52241
November 11, 1976
Mr. *Teal G. Berlin
City Manager
City of Iowa City
Civic Center )+10 Fast `dashi.ngton Street
In"I'9 City, Iowa 5221[0
Dear Tor. Berlin:
The Council on Aging would like to thank you and
the City Council for the check 1n the amount off'
^2,000.00 to cover expenditures of our agency for the
months of November and December.
In accordance with your request for monthly reports
outlining expenditures, we are submitting our
nrnjeetion for the month of January 1977 on a separate
sheet.
Again, we thank the City for its support of the
Council on Aging and our programs.
Sincerely,
Doris E. Bridgeman
DEB/jl
MINUIT'S OF S'IAI ' MEETING
November 3, 1976
Agenda items were discussed:
The Legal Staff was requested to inform 'the City Manager about the Fox
Property. This is in reply to an inquiry from Councilman John &11mer.
Co a result Of comments made by the Council about the :harks and Recreation
Commission minutes, the department heads were requested to
of the boards and commissions to dete re ew
reflect the proceedings of the meetings. hey accurately,
An amendment should be made to the budget for the police communication sysi�em.
The Legal Staff was asked about the length o£ time requ�rod for,
work on Scott Boulevard. A letter should be written to Emil B
Transit Advisory Committee on Elderly and Handicapped. 1e reseaix
ranch and tTte�
Mary Coogan was appointed to the Committee on Community :Needs.
The Legal Staff was asked when the Taxi Cab Ordinance will come to the
Council. They were instructed to furnish a draft of the ordinance to the
City Manager and department heads for review and also to schedule this sub'! Jct
for an informal meeting of the City Council.
Councilman Foster indicated there is a problem in his neiighborhood.with,dogsl
scattering garbage.
'Phe City Manager inquired about the status of the blood drive. I3ob Bowlin Offen
to assist Linda Schreiber with this project.
The City Manager advised that participation in the United. Way cairpaign is poor:
Department heads were requested to urge employees to turn
A representative from Mutual of New York and also in their replies,
to meet with the staff during the near future concerning deferreIv
I
iowa city trans(j; •
MONTHLY REPORT
For: October =CL_-
Date:
November 15. 1976
Present
Previous
% Year to
PI evioua
Month
Passengers: 130,207
Year
Chane Date
-6.5%
Year
Change
139,293
1,156,163
1,];85',002
-2.4%
Vehicle Miles: 46,195
44,011
5.0% 456,325
4112,519
10.0%
Passengers per Mile: 2.8
3.2
--_ 2.5
2.9
--_
PROJECTS:
October
1. Transit Superintendent attended American Public Transit Association meetinj:
in San Francisco.
2. Field trip pass program was inaugurated in cooperation with the school system.
3. 922 monthly passes were sold.
4. Flxible was low bidder for the purchase of twenty buses.
S. A new outside phone line was installedat the bus. garage to cut dpFm on tli,Gj
switchboard workload.
6. Attempts to work out solutions to the audit exception on imiss transit
receipts continued.
November
1. Application for state transit assistance will be developed.,
2. Work on the County application to the Office for Hamm Development for
assistance in setting up a coordinated specialized transit ,s
begin. men
Will
3. The annual budget preparation panic will begin.
►Qwa City
October 1976
Monthly Report
Most of our efforts in October were directed at follow-up on the
6b clients and referrals from September. The number of incomingand
aft outgoing referrals dropped around 50/, as things have generally set-
t` tied down since schools reopened. Also the number of runawa;is
dropped as has been the CD trend for October. over the last few $ears.
C.E.E.C. found a building on Gilbert (formerly the "Electric Coreal")
which the outreach, staff helped locate. After getting off to a slow,
start, the program seems to be going well. Iarry and I have offered
to help Ron Eide find community resources for the class.
u
We sponsored one horseback riding activity early in the month,srhich
O went well. (Fourteen clients were involved). A stereo has been
Cf donated for the basement and we are looking fer record contributionsy
N
N We are getting good feedback from the police on referrals we have
L0 received. There has baen a reduction in the :number of complaints on;
those referred. We harpe to continue working closely with the Juvenile
ao Bureau in accepting referrals.'
0 We did one drug seminar at Solon Junior High as part of a class on
human adjustment. It was our first chance to use the materials. La=yreceived at the I.D.A,.A. drug counseling training sessions. Iit! so-
licited feedback from the students and received a very good response.,
4'We've been asked to return in January. We intend to incorporlt;e the
V information we used into the drug seminars during National Drue� Aware-
ness week (November 14 - ?.0). We are scheduled to be at City,, West,
ao Sourheast, C.E.E.C., and the library that week.
OThe October board meeting was the first that had 1009; attendance
_ since I've been at U.A.Y. We will continue with evening board
meetings as a result. Work has begun on next year's budget request
which is due November 19•
01 Next month we hope to see the new boy's group home open and intend
CD to work closely with Karen Spence in making outreach services avail
able there. We also hope to begin working closer with the juvenile
x probation office.
0
,0 Winter is well on its way and transportation is an increasing pro-
blem for many of the young people we are working with. Becaus4!the
buses stop running at 6:30 many opportunities and activities aa�
inaccessible to young people without cars. We would like to see
the hours of service extended until 10 if possible even on a 11a'aited
basis. This would help many of our clients as well as elderly and
low income persons in the area. I hope this question comes Befiire
the council some time this winter so a solution can be worked gut.
united action for youth
alternatives for young ilpeople
MontthlY 2eport
6e •
Iru Youth receiving crisis intervention g
# Youth receiving counseling
Youth receiving follow-up i5
128
referrals to U.A.Y.
1�
$
referrals to other
agencies 2$
Jim Swaim
i
0
MINUr13S OF STAFF MEETING
October 20, 1976
Agenda items were discussed:
The City Manager inquired if Dean Oakes has a permit to convert the duplex
to a triplex. Has he complied with laws other than the minimum housing
code? Does he have parking spaces for a six-plex? The Legal staff1was
requested to check into these issues and inform the City Manager.
'Phe Administrative Assistant was requested to send a copy of the mobile
home park permit to the City Council as well as Angela Ryan of the Legal
staff. The City Clerk and Assistant City Attorney Ryan will work on changes
to this permit, and a memorandum should go to the City Council telling them
what the changes are going to be.
The Administrative Assistant was requested to put: Court Street discussion
on the pending list.
The Administrative Assistant of the Finance Department was requested to
furnish the City Manager a copy of an AMA publication on zero based budget.
The residence of Dr. Hogben should be included on the inspection list since
he is renting his home during the summer months. The Director of Colum. ty
Development was requested to ask the Housing Coordinator to meet with the
City Manager.
The vacancy on the Board of Appeals is to be advertised again.
The Purchasing Agent, Tom Struve, is to meet with the City Manager about the
tornado warning sirens. If calls are received from citizens who are unable
to hear the sirens when tested, they are to be sent to the Civil Defense Directors
The Mayor requested information concerning the status of the anti-trust ordinance
and the ban -the -can ordinance.
The Legal staff was asked to present an update on the taxi cab ordinance at
the next staff meeting.
The City Manager asked the Legal staff about opinions which the Planning and
Zoning Commission had requested from the Legal staff. The attorneys replied
that they had not been aware of these requests for opinions until they started
attending the Planning and Zoning Commission meetings. They are now trying to
determine what opinions are needed. The City Manager asked that he be in-
formed of the backlog at the Legal staff's weekly meeting.
Public Works was asked to check the synchronization of the lights on;
Burlington Street.
The City Manager requested that Rick Geshwiler develop a training program for
the implementation of the tree planting ordinance. This is to be cobrdinatod
with Public Works.
The Administrative Assistant was requested to check into different �,ategori:es
of memberships with the Chamber of Commerce.
The Tree Ordinance was given the second consideration.
1.2
The Legal Staff was requested to prepare a resolution regarding Officer
Kidwell for the next Council meeting.
Several members of the staff (June Higdon, Ellen Flowers and Dick Craig) met with
the City Manager to discuss a credit union .for i
Cita{ employees. A gtiesti�.,
being sent to all employees to determine the leveorl of interest. After the uiaire aire
an effort will be made to have legislators work wis.,
ith the State Banking Cotmiissioneii
A discussion was held about the hiring Of relative$ within the City.Basicy, t}1
all
present policy is not to hire relatives except for part-time, City Manager wiI�
pursue this further. The Ci
The Personnel Specialist talked briefly about tax shelters or deferred compensation„
She has looked at four plans and feels that Mutual of New York is the best. The
City Manager suggested that the staff should look at the earnings records of each
company. Also determine administrative costs. After these figures are obtained,
a representative will be asked to meet with the staff.
i,
•City of Iowa
I- M��
DATE: November 19, 1976
I
TO: Neal Berlin, City Manager
Members of the City Council
FROM: Harvey D. Miller, Police Chief
RE: Kidwell Investigation by the U. S. Attorney
While I have received no official notification, I have
been advised by several news media representatives that;
1. There appears to be no prosecutable crime in the
actions taken by Officer Kidwell.
2. The matter may be handled administratively at the
local level if further action is desired; and
3. The decision of the Department of Justice does not
preclude civil remedies if desired.by the parties
involved.
I shall make no decision as to possible administrative -
action until I receive and can review the findings of the
U. S. Attorney's Office.
HDM/mc
_ V
communications
,kms /
P. 0. Box 156h
Iowa City, Iowa 52240
Phone: (319) 351-1801
PROPOSAL FOR IN -BUS TRANSIT AD'ERTISING FOR CITY OF IoIgA CITY TRP'+3IT SYSTEM
I, Sales
A. Open to all local businesses, groups, and individuals, excludi;pg
political candidates.
B. Communications to be sole agent.
C. Communications to be active agent.
II. Artwork
X. Size: 11" x 18" cards.
B. Up to three colors; no fluorescent colors.
C. Local advertising standards of good taste will apply.
D.' Artwork prepared in -agency.
E. Production supervised in -agency.
III. Placement in Buses
,c
A. Cards to be placed and replaced by ageuv`y.personnel.
B. Sole responsibility of bus personnel will be to inform ==envy; of cards
needing replacement due to vandalism.
IV. Billings to Advertisers
A. All advertisers will be billed monthly in advance of placement.
be
by
the
B. by the advertisers
firsteof the lbilled
ment
followingmonthhforOth thatemonth
month'sad placement.
e month will
to
C. be removed sandtnotcreinstatedeived by huntil backe 5th of -payment ls
Ad payment andre_ostingfee
is paid.
2h li
V. Rates
R. $30 placement fee for one card in all buses for one month;; printing
costs not included.
B. Printing costs will be determined by Communications.
VI. Agreements with City
A`. City will receive 66 and 2/3 p of every contract signed by Cotmaunicatiq'js
(66 and 2/3% of monthly placement fee)
B. Communications will handle all billings, sales, product4on, placement
in buses, reposting when necessary, and promotion of transit advertising;.
C. City will allow Communication to place up to 30"cards inside each
bus
D, City contracts with Communications as its sole agent fo:r space sales
i
1anJ A
Mil
Wu
0
0
POST TERRACE
SENIOR OPPORTUNITY AND HOUSING CENTER
A Multi-purpose Facility for the
Johnson County Council on Aging
FACT SHEET
-1
A
Hamen Lind I:JL-pi the
Architecture
Engineering
Planning
Interior Desigq�
EnyironmertaliCi capitia;
Landscape ArghlItecture
Energy Mapag(•,g'
The Post Terrace project presents an opportunity for Iowa City citizens to.
develop a multi -use structure to meet specific needs for a) an opportunity
center for senior citizens b) housing for senior citizens c) centralized
office and meeting space for civic organizations d) necessary parking,
e) general office/commercial space.
Post Terrace will utilize the existing old post office site. The old post office
will be rennovated to serve as the senior opportunity center and to provide
meeting and office space for many civic organizations.
The vacant portion of the site east of the old post office will be utilized for a new
Multi-level structure containing parking, office/commercial space and hous'ng
for senior citizens (approximately 70 units) .
The roof of the old post office and of the new structure will house an array e;
solar collectors to catch the sun's energy. These will be coupled with the
necessary equipment to generate electrical power for a major portion of the
housing units energy requirements.
A level by level program of spaces follows on the attached sheet,
For additional information, please contact.
John Douglas Benz, AIA
Principal
Draxar �A1.
1 t a SALth, Linn
111x a city, 10, A
:11m 31 p
POST TERRACE
SENIOR OPPORTUNITY AND HOUSING CENTER
A Multi-purpose Facility for the
Johnson County Council on Aging
PROGRAM OF SPACES
Lower Level - New Construction -
Ground Level - New Construction -
Old Post Office -
Terrace Level - New Construction -
Upper Levels -
Roof -
Old Post Office -
New Construction -
Old Post Office -
New Construction -
Old Post Office -
i LA
Hansen Upld N%yer. lnG
Architectu ai
Engineerir@',!
Planning
Interior DeSil' n
EnvironmejtjPal Graphics
tandsca pet',A,'rchi'te4rµra
Energy htanligerpent
Parking
Mechanical Spaces
Possible Office/Commercial
Office/Commercial
Possible Parking
Housing Offices
Community Service Organizatki ns
Mechanical Spaces
Office/Commercial
Entrance
Senior Opportunity Center
70 Apartments
Community Service Organizatudns
Solar Collection Devices
Penthouses
Solar Collection Devices
Drawer 310 i
116 South 11'h1p
Iowa City, Io,(V 5224x,
Telephone (INP) 354-9700
•RALSTON CREEK, IOWA CITY •
WATERSHED IMPROVEMENTS 1977
NOVEMBER 9, 1976
The purpose of this brief report is to identify projes;t areas where improvements
to the Ralston Creek Watershed can be initiated in 1977 'and completed in 1970.
The project costs are to be used in the preliminary budget planning process .which
begins in November of 1976. Although the Watershed Management Plan 'has not been
completed, several projects have been identified by the planning todate and
discussed in enough detail to serve as a foundation for future preliminary
engineering, site planning, environmental review, and purchase of land.
The focus of the improvements is the rural, undeveloped parts of the upper water—
shed on the South Branch. The major project work area is east of '_he future
location for Scott Boulevard, south of Court street and north of American Legion
Road. The project site is shown on the attached drawing.
The upstream watershed at this point is approximately 900 acres of wlLich 640 acres
is in crop land and the rest is in pasture, woodland, roads and building use.
The area immediately cast of Scott Boulevard is the focus of intense development,
planning now. There needs to be a plan developed for land use which vill allow
control of runoff water from the watershed at this; site. This is they only
location on the south branch of Ralston creek where the ridge .lines. of the hills.
are close together and a narrow valley section is available for thet construction,
of a large storm water storage facility. ,
Three plans have been considered for improvements in this area. The first plan
was prepared by the Soil Conservation Service initially in 1974 anal revised
later. The SCS plan called for a large dam and reservoir to be constructed. A
permanent pool of approximately 30 acres would be created. The flood retarding pool
would include 70 acres and is designed to store approximately 4 inphes of runoff l
from the entire upstream watershed. The ses dam location, height and storage
criteria have been studied with a four lane divided arterial street: on top for
Scott Boulevard. This requires an embankment approximately 90 feet wide at the
top, 250 feet wide at the bottom and 30 feet high, at the valley flao.x.
Cg P
The second plan was de4oped by Bill Lindley ,for, use
the. Ralston Creek
11atershed Management Plan. This scheme includes two roadway improvements
and dry bottom storage one for Scott Boulevard,, the other for a local I�
neighborhood street in approximately the location,of Shamrock street
extended to the east to the golf course. The roadway for Scott Boulevard
is only approximately 10 feet high and is designed for four lane divided,
arterial street. The top of the roadway for a four .lane divided arterial
street- would be approximately g0 feet wide.
The neighborhood collector street would be a 37 foot wide local street and
the embankment is approximately 25 feet high.
The total storage area is shown on the enclosed drawing as approximately 40
acres.
The storage volume represents approximately pproximatel 2 inches of '!runoff for
the entire upstream watershed.
Of course the effect of the storage area is to reduce the stream flow in the
channel with the greater reduction (and benefits) to those irmediately davm—
stream from the storage urea. The SCS estimated the large dam would reduce
the stream flow in the Rundell Street neighborhood from approximxttely 3006
cfs to 2000 cfs which are similar to the 100 year and 10 year channel flow
rates. At Meddow street (near First Avenue) the effect is more pronounced
with a reduction from approximately 2300 cfs to 1000 cfs.
Only a few calculations for the flood reduction from the two smaller dry
storage areas have been calculated. The results are similar�becaclse the
outflow rate is higher for a temporary storage area. 1.
The third alternative would be no storage with merely construction of the
streets similar to First Avenue. In this event, since no water is to be
stored upstream, a large box culvert would be necessary under the, :roadway.
The land needs in the area include at least three types. The City should
purchase ownership rights 'to the channel strip approximately 10o feet wide
for control of vegetation and channel maintenance. The next area zfdjacent to
the channel strip which flood frequently should be purchased for open space,
parks or recreation uses and should be owned by the City Up to the ;elevation
I ,
The next• rip of land uP to
25 Year flood elevation. flow easement_
ay'Im ly the should be purcha`-led for 42 acres
of Fpr the 100 year flood storage,
el ovation °£ with ul a. are 13 acres for n°
the this form
The total land needs bottom storage"
with to storage and 71 acres with wet
The cost estimates are included for
comparison.
C�TWO
TIMATES DV
PREL7:MIN�ECT LAgGE ➢AM .. tA.�s''"CT%
WITH WET BOTTOFl WITH $
ROA➢WAy 41ITH _ STORAGE
140S'pORAGE $'�3.0;000
$215,000
$415,000
J6a,000.
52,000
284,000
42.000
Construction
Land and Easements
24,000
Engineering, Design and Inspection
geports and 3,000
Soil Borings
Construction Testing
-0-
Environmental Review
$294,000
TOTAL PROJECT COST
41,000
5,000
5,000
$750,004
5,000 !� k
ti
i
5,00& .
$650,DOC1,
i
1�101
LARGE GAM
WET BO ITOM
STORAGE
C3
WT9
m
i
. � "" Mnximom Pool��"!2�_.O—`'�— —" � . �•'�
,�\
culveyk-
num Pool=714.0 ; � ���, -•. �---� - ;t��` '�. �� � `l..
C6o1F -
- - =
co, . 1-
-- --- urs¢
D�
TWO SMALL DAMS
WITIA DRY 6 OTFO lyl
GE
'i.
�_' 'j
' / �� " } �R _ + " " b•,` �. tin.— � I. !
�'I }
IV
- _ fir.•-��i—�
---v +`}..� i. '�� �_�. ," I �� , • " '''"i•i III`_ �•
•`%t�"CJ C_,�C�i; :��.JCC"�Ij—'�. �i-�.t 7e {.F ..r _ .. �. _. �t•_u�. ±!�„F.
71
q.
•,�. ; Qin , U'.; ` y ` ;, '=.� � t ' � ,
J
L :L7 ,;1•rj y `, w_-,iV,�, M•�_,. --aP "`. posed Work
♦ � r. �, �' � - � � r `Proposed - � \\�� -... .
40
t —•=. _ � J� SP71\wend _,1' .., '":�..
i I '.1 _•�o� i
-_ yr L•[.--��I -
I
_ 1�ir
_ -� r t � •' •� A.'� 1•r�� I �.• �' j F'iePoSld' •�i`f �cs r i
_
:PIZ
F ❑ Ga,C�I.�`�•0 `1'.1 r-! L -I -1'� ,-,.v - ,�.r �;+���i/i
p C�-�;Cj1 Ci _•_.._---� ir=..r---.-� � j ;t� r_F - _ r __ ��1yJJI(f . ,� � .
�- =� .._.,.`:_--• c:r ,^C]C�--� �' ' �'-�'', �t .I P , ask.-:��s !jl ��`'�j
-33
VI
,- � -- - .�1=j�^ � 1 - `rte �• (,?' - � , • IIS ,
�`• ti.`�S-oma c4/- :fin.,^ �� �_��,�,�'`f'�"? r�;�'Z,, III � � I
�.�'�'~�:._,�J-__�:•.• .�I -T,O Imo•\ Q''��(��y„✓',.� L., `'i � ---` I,j `'.I
-•'.., ..�� ,� '`t"_� �.-�. ti. `tiii'-I�1(.\ --- '.-:;� - � i �E?rapoie� = j �i
1 ' '., t+.l .�.( tiG• ' �ri '--:....-`'"t.. _ r�po�.c� �- \� \ OnrA:�- —1
j04ll.`"'_` `�'"� _ ."-•-gin`'^`'=�, _ ii '',• '�:
, _ 1'rcn' ar. -- ��''{{""'' •tc '-^ ,l - - '• -��-meq :
IT
co
L
0
n
r
n
'A
i'
tq
cvi
b
m
m
n
N
w
N•
N•
w
a
`e
x
r
1
H
r
w
n
d
K
o
w(
rGc
m
Ib
�
Qp
R.
r
O
��1
r
N.
O
"'I
N
�
N
rn
N
i..
IDCL .
tl
m
�
w
N
£
I,
Y
µ
m
N
CL
N
rt
n
o,
Nt,
cu
q
a
h
h
h
r`
a1
h
CA
e
CD
q�
C4
L
0
n
i'
cvi
TN
N
I.
m
A
a\lj
M:
5'
n
o,
r'
a
L
0
n
N
R
H
n
W
_ O
I
i'
I.
A
a\lj
M:
5'
hl
ry
91
CD
q�
c
KI
H
H'
\
C
_
,a•
N
R
H
n
W
_ O
I
M7 1
H. LEE JAiCow ph.D.
Associate Professor Emeritus
College of Medicine
and Consultant on Aging
The University of Iowa
Iowa City, Iowa Wesideno0,11 d
ATTENTION. November 22, 1976 waC J�f52ND
City Council Phone (0111� a3a azso
Iowa City, Iowa
d
MAYOR NEUHAUSER, members of the Iowa ;City Council, Nud
City Manager, Mr. Berlin$ my name is gaLei Jac,;ibs 1'
A.Isociatq
Professor Emeritus, College of Medicine, The University of Io''a.
I originated and taught the first courses on vai^loos aspects I
��
aging which were offered at our University. I continued to beieiply
interested in the welfare of older people and beitter uaderstali:
Of the aging process, as it relates; to the live$; of all of ua,Il
have also been a citizen and taxpayer in this ecsimunity'for atit
20 years. I am here today as chairman of a Comm;i:ttea of the EYwnis
Club and as a member of the Board of the Johnson County Counci' on
Aging express to You our strong joint interest in and suppo � Sor
the acquisition of the Old Post Office building l4,id zdjstcent g iJ
piinds
for the purpose of utilizing same in connection IirLth,a
]�dulti-P{y�pode
Senior Center and Housing for the Elderly.
With me at this MOOAUp; are: the Chairperson of our
Count Council ..�'fiG�t' ^ �•' Y' >• �kihnade
B g, Ms. Maxy Rocklr •ij PrI
County 1 on A in � , , •.,: , .. �j
fi�H.W. Pirci, Presidettt of �iV °
Kiwanis Club; and two other members of our Club: iWarren 14. McAljl� sten
and Allan H. Arneson, who have probably done more, than a17; Dthex•;11 i
to promote the cause which
r brings us together toda;�r. I would 1jlj1
e
these four people to stand now and be recognized. hater I am stair that',
Will be happy to respond to any questions you may have for them;, The
Principal expert for this occasion; I will present to you In a fed(f
minutes. Before I do this, however, I would like tP outl1ne brief
what I consider a sound rationale .for positive action on; ;the j! 11T
important community project now uni3er considerationp by thIs C'oun�;,�,l4
.2-
The
2 The f•owing facts ltnd interpre *on o1' same comprise'
the rationale which T have in mind:
(65�)
1. The phonomenal Increase in the older/population in this
country --from 3 million (or 4 % of the total population) In 19001,
to 22 million ( or over 10% of the population)in 1976. IowL ranks
third in the nation, with 12.6 % of its population,; h5 years and cii(er.
Johnson County has 5,013 older people. Iowa City ha:; 39000 of there,,
with 1,000 in down -town and adjacent area. This p¢ses both probla's
and opportunities for our community„
2. We have a heal�hier, more ambulatory older �o>ulation than
ever before. These people need more meaningful activity and inv-
olvements not premature assignment to nursing hompse For examplei�
during the period 1958-1965 (only 7 yrs) persons over 65 years in
this country, with "tie chronic conditions " increased from 4.60
(828,000) to 17.2%
(3,096,000),
while
those with
"cines or more chroi,410
conditions, but no
limitation of
ma;1or
activity"
increased from 291jj91,R
(5082,000) to 34.0',x' (6,1202000). No doubt the past; ten years have
seen a much more significant improvement in this respect, due to
fluence of services provided under. the Older Americans Aet,1965,e
3. Such a Multi -Purpose Senior Center with its variety of
and activities would, as numerous studies of Center programs have
indicated, contribute significantly to the prevention of mental anlc.�
physical deterioration of our older people, as well as to the enhO4ce-
ment of their emotional health and oocial usefulnes,a„ It will al3xj
reduce the need .for greatly expanding institutional facilities foxi
the aged.
4. Such a Centor would„ through its educational lroEram, tend
to make older citizens more socially interactive, militate against;
the problem of isolation and lonelipess, as well as cause particip
more 1
ants to be/politically aware, with their citizen status enhanced.,'
5• Such affixogrram would, we eliievei contr.,kb ted t.Q_A(?;,e R .�
constructive relvionships within families,loy r(nason of less
fricti n b tt
o , e er understanding and cooperation bi�tween generations.
6. Such a Center would provide
University of Iowa and community organizations, tr1raining and rrsedreh
opportunities for students and community leaders interested in :the
problems of aging and human development.
Now, I am pleased to present Mr., John D. Benz,,p Architect,
of Hansen Lind 24eyer, I:nc., who will, bring us Up-to-date on
what I consider some very interesting building plans, in
relation to our proposed brojecto
Respectfully subiaitted,
H. Lee eb,
x1 I
B IOWA STATE BANK & TRUST COMPklgy
10VIA CITY, a0WA
52240
AREA. CQ0E 319•OaR-0525
November 22, 1976
TO THE CITY MANAGER AND CITY COUNCIL MEMBERS Or THE CITY O)a?'
IOWA CITY, IOWA.
I have this date received a letter from Mr. Berlin wherein it states that it a
to him that "There is a serious question as to whether the Iowa. State Ba
Company can construct the facility olears:
and reviewed b „ Y Previousl &'ali irust
Y the City Y Planned for the Clinton Street s�tG
In discussing this with Mr. Berlin on the telephone today
about certain actions taken by the Superintendent of Banking a
to be located at 325 South Clintoficie
n, k he expressed concern
tendent, dated September 21 Specifically in that a letter f regard tto the q£(
reason that m;w cost figures must be
prior a X m the Sugerill¢_
P approval for said :facility for the I
aforementioned revocation is bas a furnished. His concern ifn regard r the
informed of sa..d revocation of ed °n the .fact that the City Col
ancil
to act on theProposedPermission and that he does not Wish th Was not
real estate contract
such information, a Counci
now
under final consideration, lacking
On July 13, 1976 the City Council instructed the staff to begin With the Bank, After some dela g n direct, negotiati.�'Ps
begin n Y, the bank was indeed contacted b
g negotiations and subsequent thereto many meetings have Y thQ' staff tq: Ii,
addition to numerous phone conversations in the preparation of :i real
been held, in11
contract, whiclx at this moment is at the point of sio estate
conditions, etc, surrounding the bankts Wining, setting fordo the ter
conversations with staff, it was well knownra.hd the current conof said lot.D ri During
.�,
paragraph 8 thereof) recognizes thatch ori these
the same now as it was intended to be, a 6>anal.ly planned faeili' pecificall; l
ty would not be 11
The Council should not be unduly concerned b
letter dated September Y the contents of
p ember 21 from the Deputy Superintendent of $arik ri rb 3 of the I'
both he and the Superintendent have stated orallyannj d den
form that the revocation of ag.tedibecause
was e never indicated in any
awaiting the resubmission of new plans and ne
w costore than
a tel laid
condit;g a
d faciility.
"IOWA STATE BANK & TRUST COMPANY •
City Manager and City Council Members of the City of Iowa City, Iowa
Page Two
November 22, 1976
i
Since we had spent thousands of dollars on the original plans which were
"torpedoed" by the revocation of contract between the City and OCA, we did
not intend to make that mistake again,
When our purchase is complete, as stated in the contract, and when the land ,
is ours, we will begin to incur costs for the planning of and the, ;building; of a
drive in bank on South Clinton Street.
The Superintendent's action is proper in this instance from an ;Administrative
point of view in that his approval must be addressed to that which is going to
be done and in this case the original building must be redesigned because it
was over budget because of time delays and there was a necessity to what
one might call "zero out his books" thus removing us from the, time constraints!
normally associated with such approval.
i
In conclusion, let me reassure the Manager and the Council that if the ?teal
Estate Contract currently in front of the Council is approved, the will redesign
a drive in bank which will be approved by the Superintendent and of which the
City and the bank can both be proud. Paragraph 9 of that contract protects
the City against our failure to do precisely what, we say we will .do, for ,an
reason.
We ask that you approve and sign the proposed contract so we can get on with
a much needed and much delayed project.
Respe u y, r
B n E. Summer W al
President
i
BES:lf