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1974-05-28 Regular Meeting
k Y S t R 0 L L C A L L Regular MEETING OF May 28, 1974 7:30 P.M. PRESENT ABSENT ■ i R 0 L L C A L L Regular MEETING OF May 28, 1974 7:30 P.M. PRESENT ABSENT ■ .REGULAR` COUPJC I L MEETI NG } HAYS 28;;1974 iv 730 Py `t f .} till z- 0ourl met iii regular session on the 4 00 P.M: in3tYie Council JChambers at zarneck'i, Dagdsen;deProsse White. arnecki presiding. meeting was tat on;$,portions to .be broadcast later the radio station :and in'no way ,con- he�a rosse and seconded"by.aDavidsen-to con be%a fu�.l "reading and,;to _approv*e the D',unci-T.PMeetiiig ofs May .14, 1974- and �f Mayil310 , X19 74'sub j ect < to correction . =Johnson` r -a eared: notin his a reci F J ifa3 t rove a .poss'ibL en, that xecutive - tst they-'twoul'd no �+p Du lic r�cdrd, Pterminati ons' o ='d" 'asst fes;-.: As Chair_ mni�ssion�on,;Env3.rbnmental>>Quality - they{considered 'tie;publicity : on the uetejgand he cited'several suggesaions Y Y t .c. 4. - neate& that a sbike =rack .be put on -`each ry 4� racks` kept during Ythe winter: He asked z, Capitals Improvements zProgram, c n. e ;persp dive for,' Iowat 20.00' . Brenda MaIV>� asking that `Council rein o� rce rebus servLce�b t,the 18th of'June . .in1soon as pos sib le,after t: Merl r`tmimeh 1 W Bent n St. that on-Spotember 149721petit 1d 824rothers' had n p beeresented asking grdtuav wear iRpnrnn _area and :'noted:, that pititg centertYserariced Councilwoman slang^an �informalF'ciiscussion of,';the T tw is ng pro j°ect F ft da ,Ely r reported `that `collect; theA;papers. _City :Manager ailh cover all questions next week in t y r ft 1. 4. Y i nrT t� 'Tlv .rtfyA <, v a k fi s} .a�'lf{:s�+'.rmV'T... Sri..„?.Str..c .-v' L•::.. - ;n .REGULAR` COUPJC I L MEETI NG } HAYS 28;;1974 iv 730 Py `t f .} till z- 0ourl met iii regular session on the 4 00 P.M: in3tYie Council JChambers at zarneck'i, Dagdsen;deProsse White. arnecki presiding. meeting was tat on;$,portions to .be broadcast later the radio station :and in'no way ,con- he�a rosse and seconded"by.aDavidsen-to con be%a fu�.l "reading and,;to _approv*e the D',unci-T.PMeetiiig ofs May .14, 1974- and �f Mayil310 , X19 74'sub j ect < to correction . =Johnson` r -a eared: notin his a reci F J ifa3 t rove a .poss'ibL en, that xecutive - tst they-'twoul'd no �+p Du lic r�cdrd, Pterminati ons' o ='d" 'asst fes;-.: As Chair_ mni�ssion�on,;Env3.rbnmental>>Quality - they{considered 'tie;publicity : on the uetejgand he cited'several suggesaions Y Y t .c. 4. - neate& that a sbike =rack .be put on -`each ry 4� racks` kept during Ythe winter: He asked z, Capitals Improvements zProgram, c n. e ;persp dive for,' Iowat 20.00' . Brenda MaIV>� asking that `Council rein o� rce rebus servLce�b t,the 18th of'June . .in1soon as pos sib le,after t: Merl r`tmimeh 1 W Bent n St. that on-Spotember 149721petit 1d 824rothers' had n p beeresented asking grdtuav wear iRpnrnn _area and :'noted:, that pititg centertYserariced Councilwoman slang^an �informalF'ciiscussion of,';the T tw is ng pro j°ect F ft da ,Ely r reported `that `collect; theA;papers. _City :Manager ailh cover all questions next week in t y r ft 1. 4. Y i nrT t� 'Tlv .rtfyA <, v a k fi s} .a�'lf{:s�+'.rmV'T... Sri..„?.Str..c .-v' L•::.. - uouncit minutes 1974 - t s Atr�K 2-. ixi >•'v xF Fr:_t z. .bra �z♦y :i,vt _ It was moved =by,2Wliiteandsacondedzhy deProsse ao SS1Qg1` ttie Resolution�Avproving Class CBeerLieense Apgli�Ar on; �2,green Co 1646y Rvnamnrn Upon roll call Brandt Czarnecki u� Davidsen, FdeProsse;,}Wht to hooted '.aye Motion _ arried, It. was moved"7by Wtiitend�second d=by Davidsen..ttiat the C et tion from ='residents N'` ` "T'"" " h fit: Hol < -clMde by ti, S . - rga be :received and filed. _UMot_ on carried': Mayor -:Czarnecki noted the Program hadbeen deletedprior tosthe petiton. was' oved.byite ndF secondedbq, avidsen that the eC from JoexMeade ttie Barn:-'Realt Inc. re ardin ch'an i on a sout : s e . in ,the100 Blocksbe received and: filed "and referred rtor thO.0 r ty managerafor report:`�Motion carried: I wast oved by Dav dsen,andseconded by White than ;the (letter- om T. :Poter` 3001>Wa e'Avenueardin a P:re- "^ ai in Wa e'�Or iriarice h° 3 :re Arid referredhtoathetCity,Mand gerfor�report.t Motion carried. Michael 'J v appear`ed with correctiongAto be made to the`- ' Ordinance presented, nd� request d .notice of debate on "the . proposed Ordinance: " r' 3007; Wayne, appeared urging �ouncil''to ac fano a Yvon the'"`OrdinancA' c `: s sr _i- Y'iY7ir�.F`� :Y ]�.f s t" f� '�4.ryJs t was" ovedbyt Davidsenand; seconded by Brandt that. the Tette from °Ben E :S zmeu it ' 4 Pres den ':Iowa:=State 'Ban `and ' Trust Coma,,re ardin Craf cr. rob em which'ex'sts a ;Hi hwa y. B ass Keo u Street an o oo rBoulevard,e.received and filed pan 'referredto �thek City Manager for report � Motion carried:- {. tl I was oved'�by `Brand :;and seconded by - Davi en than the lefter from Robert H. Wolf; "`Iowa:Cit " reszardin' sewer problem tye -rand 1110546th AveIowa�City be received; and t filed and referred�to the CitylManagerVfor'report". Motion carried': l _' It 'was'`` vedby itie and'seconded'tb' d rosse that.the s < ,:. Y he itio of 1 e sElm r Bec ler -Steve Bernema r r 1 be -receive an filed f =Motion�fcarried1,,T ti T «xr ->'v i.r It :was `moved=bBrand ':and seconded ,. _ Y .,., k� y.deProsan, at "the minutes of the meet3n sof. CATU.'Gommttee` 4 22 74 an, Hous in Commission' 1] a receivedrandfiled.Motion carried: i g 3, 11 ♦ �-..-.'i.; S-Z �;n ✓v i-.jy -^tR [ .Jt � 1 s es econded;by -e .: t _. oved subject , rried. :1 to Motion. :hat the-._." `July "T8th ' that ;the finance on "roll call ..ayes .. :was : to defer Between -- ity' one-week-, .o`: adopt" -the i � Ce ity _of" ; ieProsse, . __- wnize, nranaL,,u arnectcs,- liaviasenrvotedt'aye',' Motion carried. ''as Tf Mayor Czarnecki noted that there... -80 of affected ers objecting do thz X1974 Storm propertyo �Sewer`Assessment Yro t 1 ;all >E, a Councilpe sons;wgulddrid4dsto vote yes' fo't p jyec rtobert »Wesh 26Sayfi'eld Road "and L`e'roy Hester, 1226 2nd`Ave `=; tappeared-?" ng_(appreciation ;for an in- '4fM._r t formal :meeting with proper£yowners and staff and advising "of the petitions from ob`j ectors nisi ,their areas" Acting ,Virector of EPublic Works zGeorge Boririettp=esyente`dia solution to alleviate the J S reeta' Y =problem > bud s had �no;5satisfactory solution for n. the Washington ark urea. 3t 7wa's movedF y Brandt; and.: seconded; by„Day dsen oto itY N2"iariaeer i investigate ,alr_erna- />` t 4 '+. i Y t -r xs� r` s'.y-e a J ■ _ r _ t ."� _ c l x 7' It was, mo Brandt daby d E conded by deProsse t adopt rs - `the ,Res`olut o tAcce tin 4Wor iiv olf ='Construction Inc , `an r ersn re arae on= o P a - a s ` sm nt 'Pr" ra >€Upon"roll` call'. White , BrandtT Czarriecki2David$en'� deProsse voted 'a e' . ~>Motion f - �. z t. v . 3 Ym 5 Y h. Y .:. carried: ,It=vasmov byWhiteandseco ded by_deProsse ao Q 6: vat s^Y e-....l:f opt = they esolutio = do tin andLe iri'' Finah'Sch 'dule of Assessments= fors h --1973 Sidewalk Assessment .Pro am' Upon , rolls call t randtF,` Czarnecki_Davidsen;4 eProsse to voted aye .. Motionscarrieds _ 7 w CC t Ma `a er .Well noted` a m m to Council concernin an increase. in wat ? r It,t.was ::move -. y Brandt--' condedby Davidsen to "dPfPr fir enp'mPek and that the Resolution b`e` put onth'eagenda atthat time. �s. r p t< ,.,a CityrManager:Wells questionedµ' --,t e, Council wished. to consider ea -1 r4operty,at the, corner* of Gilbert, and College for interim':operat 'on;F After discuss n pit was m ved by White and secondedb Brandt �that`�theCity~=Manarier�be in .t� tructed . sex lore' otent- 1 sleases or th r ert at- the corne Motion cparried, ? Tory ,. �Mayorg Czarnec i'~, noun d that this, was the time set `for _� a' d f CRIBZone� to the(p is r n� an'= fifiLL ;Zon' e'yre uested:b oert and Erma *Wolf Dennis Kraft , Da rector ofrCommunitya Developments explrained the request as, approvedrb�yPl'annag >andZoning slid<LNatural 1Resourses Council. TYiere hbeing ano `o`ther p'e sorts present to`Fssp`eak the Mayor declared f t i c, r'U the public hearirigclosed:� MM K _ G�t�iiT L The ql Mayoannouncedthath this�was�the. a set" for the t< public hearin nom-any:brd:nance A�erid n the S n: Re ulationa- „ onin Code 'tore uIate=Ysi nsi�<in ` hey o ose 0 ce Researc Park,Zone� Herequestedinclusbnconcernin y blitcal s ns an to= am nd'theo=dnariceiustonce`4 Counci ec a to::. `schedulefor ntY ;nformalx�discussion'e tTuesda There .being _no interested persons present the 4Mayor MI -C-1 ed the; public hearing closed '; ; x�zs *"Gti : rsti, °h -A`' as1 ., Ma or�Czarnecki rcal-le'"d a`ttenti`onv sActin =:Di ector. of ubhe= o s�s onne o ce n n ar n on event Ave:^* din Councih: item .73 103 3t was . moved;by Brandtand�secondedby Davidsen,that Sta notify j({j1 t1e; abuttiiig�ropeiety"ownersRof�hexemoval of ;;parking =that i.'. y 2: L X -3r K1 ? .At4}2" c. r` 1 5f .J [ 4..T x 1 the Councihhasunder cons deration. wlM1. otion carried. ij .4M-y�3K2-+t T k -.-# VAI it !k Sbt "`ytP r _ s a 4 Pager 5 ` } j4�' °"Y;�,�`_ l Minutes a rw r,;.Counci yy. F tyvs fi al.. Yftii`£.\x ..... )J .+v. w'r rr � � � � � . _.`aCounclmanWhite:<auest;ioned4thef,etatuarof atheLF as -'la t ear'£ Mayoetter ;from rhp Dnp of Mimi deal i ri Pia' askingTeota City to host a' con- . yention�forr 1974 ait-was the, gene- F�coricensus,idfs the5Counci1 to' direct th'e Mayor��to< pursue 'nit l feas, bi_°lify. Ttie. Mayor.. announ d ' ' h' n ernati al .sister -Cities 4 _ V h June 3rcXyUnivers t t 9 "!- ? s `fHaLl r =?City Attorney° .aye re- ported meeting with the�HumanvR�Lelations`Commissi'onand noted y,.} `> xy. i'4� kSt Y rcpt v) <� he will= orts soon.ql repr� �� r , .'F, �v i., D �C'♦ „r ^ s - fis %t"' rfT.Vs.-r4i�3ir.._>"e-s f ars- is 1 Keith{� T01�Mt.- Vernon�:Drive re u.Engineer's Klin eY zarnec ,note y the ,City =Manager will' review: �r,`�sec .z. r r a .It was moved.by: Brandt 'and 3secon by: Flhitex>tha"t�`the 4City{Manager and City ' : f ` Attorney xinvestigate�;thecaUlitter' ;at 729, E. Jefferson and report. Motioiucat rried:s"'; ' ff x a`4 q S.n.. It was moved-byZdeProsse andssec'onded by Davids en to. aA journ the meeting's = ,Moti'on. carried 9 i'25 P .M. - - - - t t ? s F �- r -3r n 4s k5 .:,y -♦ r }. t'S "l S•t,s, i t aLC \� �♦ t Yo i. 'T r .i - r� F SHY } ayor , z t ♦ r11" � .. r.� 1{ x'�..sr:. tea r; Yt{ p 1�} t i -v � _ �YY,. i t r 1 zy� Y t F,r, k�` ty�; er x. '-AY e� saw. -L aS t'n r u y P {Y y T C y � 4 prcwr _ 3 -:mob y L � rr f, ,r.., r• - i }' ul 3 T z ' t _k tiT r ♦ bt, lam. �rz �` n`'' '' � � 5 r f � 4l rsi ��""� ♦. j A 1 i't"�,,,�¢ � g _: Z�. 2i �. *� 4'.-,2� r it.Ttlf i,C y . _ ... "._. .- -. .� .�_. .� S"3:s<-. •-'tr S� :_ K,'�`.,s£`..a+a.a s7'• u�.i ��.��.,�3.. ..c_; I IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF MAY 28, 1974 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON Item No. 1 - Meeting to Order Roll Call Item No. 2 - Reading of Minutes of regular Council meeting of May 14, 1974;., and special Council meeting of May 10, 1974. Item No. 3 - Public Discussion. Item No. 4 - Issuance of permits.. a.., Consider resolution approving Class C Beer License appli- cation for;Walgreen Co., 1646 Sycamore. Item No. S - 1T5.• a. Petition from residents of Holt Avenue requesting that Holt Avenue.be excluded from the 1974 Sidewalk Assessment Item No. 1 - Meeting to Order Roll Call Item No. 2 - Reading of Minutes of regular Council meeting of May 14, 1974;., and special Council meeting of May 10, 1974. Item No. 3 - Public Discussion. Item No. 4 - Issuance of permits.. a.., Consider resolution approving Class C Beer License appli- cation for;Walgreen Co., 1646 Sycamore. Item No. S - Correspondence to the City Council. a. Petition from residents of Holt Avenue requesting that Holt Avenue.be excluded from the 1974 Sidewalk Assessment Program. b. Letter from Joe Meade, The Barn Realty Inc., regarding the parking regulations on the south side of West Prentiss. c. Letter from,E. D. Porter, 3001 Wayne Avenue, regarding a Prevailing Wage Ordinance for Iowa City. d. Letter from Ben E. Summerwill, President, Iowa State Bank 6 Trust Company, regarding traffic problem which exists at Highway 06 By -Pass, Keokuk Street and Hollywood Boulevard. e. Letter from Robert H. Wolf, Iowa City, regarding sewer problems at 1109 6th Avenue and 110S 6th Avenue, Iowa City. Item No. 6 - Receive minutes of Boards and Commissions. a. CATV Committee minutes of April 22, 1974 meeting. b. Housing Commission minutes of April 17, 1974 meeting. Item No. 7 - Consider approval of a request by the Johnson County Committee for the impeachment of Nixon for an auction. Item No. 8-- Consider ,approval `of bake sale request by Friendship Daycare, 1:7 Melrose Avenue: Item No. 9 - Consider approval of "Sidewalk Sale -- Crazy Day" request. Item No. 10-- Consider ordinance on Turf and Week Control. (Third Reading) Item No. 22 - Adjournment. y K ). s •C page 2 Public Agenda May 28, 1974` Item No. 11 - Consider resolution approving modification of agreement between City of Iowa City and Mr. and Mrs. Thomas Alberhasky. Item No. 12 - Consider resolution accepting tree trimming work done for the City of Iowa City. Item No. 13,- Consider adoption of resolutions initiating the 1974 Storm Sewer Assessment Program No. 1. Item No. 14 - Consider resolution accepting work and ordering preparation of plan and -schedule of assessment for the 1973 Sidewalk Assessment Program.' Item No. 15 - Discussion of proposed Water Connection Fees for 1974. Item No. 16 - Discussion of the use of City owned property at -the corner of Gilbert and College. Item No. 17 - Public Hearing to rezone a tract of land from an RIB Zone to an R2 Zone. Z-7405. Item No. 18 - Public Hearing on ordinance amending the Sign Regulations - Zoning Code, City of Iowa City. Item No. 19 - Business from the City Council. i Item No. 20 - Report on miscellaneous items from the City Manager and the City Attorney. Item No. 21 - Public -Discussion. Item No. 22 - Adjournment. y Item No. 1 - MEETING TO ORDER ROLL CALL - A I Ipo t e V�-T- kX!C= i?eclr+ded Item No. 2 - READING OF MINUTES OF REGULAR COUNCIL MEETING OF May 14, ,1974, AND_SPECIAL COUNCIL MEETING OF MAY 10, 11974. .y &a -I Do- 1 kJS F/-�a„/ — FV I I Sai(3 MY'r!f-( .M Item No. 3 - PUBLIC DISCUSSION: 1. -/CJ-A A rr. Jni J•n;. _/iy �es C'�..._ ..._ � Nr•e (� �t.!e.! 1 c! t' t I"'p, RoG-a. . Nnev� �a / J Q�KJ i !a S U�oRlsy.>et far • F `c�lY f 'Gi/e[� r. - r�lA�"1 �A.. �.2-T'Y-t-" O�'•e. i �%�I�J4 GV 1 QC! i��t. !' i;.A�. -� fuQ-Sl Fc.. e� 11�tblPfk` C XeC 1 � fPff� f rl t�jl lG '/.,Ft•t--t ^` $ Fft' i`�� S Item NNo�.� 4 �1] I Action: r 1 h A{ , / / I�,_C �,b r 7`e 1�1e ev 6 v � t 11 h jo .! ISSUANCE OF `PERMITS. F a. Consider Resolution.' approving Class C Beer License applica- tion for Walgreen Co., 1646 Sycamore. et) / kg • 13-2,1 4,jj, V Item No. 5 CORRESPONDENCE TO THE CITY COUNCIL. a. Petition from residents of Holt Avenue requesting that Holt venue be �xcluded from the 1974 Sidewalk Assessment Program. �a f oecv.ve prieht^ta�-Ft-F+v•: ® Action: b. Letter from Joe Meade, The Barn Realty Inc., regardingthe parking regulations Von the south side of West Prentiss.J� r, 2 - Action: —r_ ® AGENDA REGULAR COUNCIL MEETING May 28, 1974 7:30 P.M. Item No. 1 - MEETING TO ORDER ROLL CALL - A I Ipo t e V�-T- kX!C= i?eclr+ded Item No. 2 - READING OF MINUTES OF REGULAR COUNCIL MEETING OF May 14, ,1974, AND_SPECIAL COUNCIL MEETING OF MAY 10, 11974. .y &a -I Do- 1 kJS F/-�a„/ — FV I I Sai(3 MY'r!f-( .M Item No. 3 - PUBLIC DISCUSSION: 1. -/CJ-A A rr. Jni J•n;. _/iy �es C'�..._ ..._ � Nr•e (� �t.!e.! 1 c! t' t I"'p, RoG-a. . Nnev� �a / J Q�KJ i !a S U�oRlsy.>et far • F `c�lY f 'Gi/e[� r. - r�lA�"1 �A.. �.2-T'Y-t-" O�'•e. i �%�I�J4 GV 1 QC! i��t. !' i;.A�. -� fuQ-Sl Fc.. e� 11�tblPfk` C XeC 1 � fPff� f rl t�jl lG '/.,Ft•t--t ^` $ Fft' i`�� S Item NNo�.� 4 �1] I Action: r 1 h A{ , / / I�,_C �,b r 7`e 1�1e ev 6 v � t 11 h jo .! ISSUANCE OF `PERMITS. F a. Consider Resolution.' approving Class C Beer License applica- tion for Walgreen Co., 1646 Sycamore. et) / kg • 13-2,1 4,jj, V Item No. 5 CORRESPONDENCE TO THE CITY COUNCIL. a. Petition from residents of Holt Avenue requesting that Holt venue be �xcluded from the 1974 Sidewalk Assessment Program. �a f oecv.ve prieht^ta�-Ft-F+v•: ® Action: b. Letter from Joe Meade, The Barn Realty Inc., regardingthe parking regulations Von the south side of West Prentiss.J� r, 2 - Action: —r_ 7-A -I 42 --77] t!H 11 r 4�Y ,fit - 3 F Item No. 5 - (Continued) t C. Letter from E. D. Porter, 3001 Wayne Avenue, regardin g. a Prevailing Wage Ordinance for Iowa City. Action: Action: d. Letter from Ben E. Summerwill, President, Iowa State Bank & Trust Company, regarding traffic problem which exists at Highway #6 By -Pass, Keokuk Street and Hollywood Boulevard. e. Letter from Robert H. Wolf, Iowa City, regarding sewer problems at 1109 6th Ave. and 1105 6th Ave., Iowa City. F �pQ . f : C �/�✓4 Action: ti _ 'P' Weir- 2" ' o„ ' _ Ail c�e , Item No. 6 - RECEIVE MINUTES OF BOARDS AND COMMISSIONS. Action: Item No. 7 - Comment: Action: Item No. 8 - a. CATV Committee minutes of 'April 22, 1974 meeting. b., Housing Commission minutes of April 17, 1974 meeting. CONSIDER APPROVAL,OF A REQUEST BY THE JOHNSON COUNTY COMMITTEE FOR THE IMPEACHMENT OF NIXON FOR AN AUCTION. - The Johnson County Committee for the Impeachment of Nixon has submitted a`request to use_the area located under the College St. bridge _for an auction on June 9, 1974. Proceeds from the auction will go to the Impeachment Committee. Ordinance requies .approval of the City Council. LJ -e._ � Sa lpA l l .rd , 8A. , %% cryOt t < . f 00 Ow c tjcoasren- Ll (Xt n Syb0; 4r' ,nc�jl, a 1� p.a yr -C?-, CONSIDER APPROVAL.OF BAKE SALE REQUEST BY FRIENDSHIP DAYCARE, i 127 MELROSE-AVE. Comment: Friendship Daycare'has submitted a request to use the Mall area next to.Epstein's Books for a bake sale on June 5, 1974. Ordinance requires approval of the City Council. �} � Action: DG( l LY.( Q 1) ; r n.,,ici� O-Tf p r . . . . . . . . . . . . zl�'* k`�C. wd 777- -Aw, pal C x P'S U page 3 Work Agenda May 28.'1974 Item No. 9 - Comment: Action: Item No. 10 - 2 Comment: Action: item No. 11 - Comment: Action: Item No. 12 - Comment: Action: CONSIDER_ APPROVAL OF "SIDEWALK SALE - CRAZY DAY" REQUEST. The Chamber of Commerce has submitted a request to use the public sidewalks for their annual "Sidewalk Sale -- Crazy Day" celebration on Thursday, July 18, 1974. City of Iowa City Ordinance #2634 provides for commercial use of sidewalks only upon approval of the City. Council. CONSIDER ORDINANCE ON TURF AND WEED CONTROL. (THIRD READING) This ordinance designates the responsibility for turf mainten- ance and weed control on private property and street and alley right of ways; establishes a standard of maintenance and defines certain nuisances involving untended areas and provides for the abatement of such nuisances. rr G)�P_, b%,,Y,D. b ajcf , atdoa. Gil CZ I(Q,,. s/o T WU _ covve^c_Y�—r CONSIDER RESOLUTION' .APPROVING MODIFICATION OF AGREEMENT BETWEEN CITY OF IOWA CITY AND MR. AND MRS. THOMAS ALBERHASKY. This agreement pertains to the relocation of First Avenue by the City south of the`CRI&P Railroad right-of-way. /% , I _ rJ CONSIDER RESOLUTION ACCEPTING TREE TRIMMING WORK DONE FOR THE CITY OF IOWA CITY. Wayne Breeden of Breeden's Tree Service, Marion, Iowa, has com- pleted his trimming contract for:the City of Iowa City. Inspec- tion has'been completed and the work accepted by the City Forester. The completion deadline was observed. It is recommended that the trimming work of Breeden's Tree Service be accepted and payment of $12,231.'80:be approved. . 0 page 4' Work Agenda May 28,J974 Item 3 CONSIDER ADOPTION OF.RESOLUTIONS INITIATING THE 1974 STORM SEWER ASSESSMENT PROGRAM NO l. - A. CONSIDER RESOLUTION DESIGNATING ENGINEER. - B. CONSIDER PRELIMINARY RESOLUTION FOR CONSTRUCTION OF SANI- TARY SEWERS. C. CONSIDER RESOLUTION FIXING VALUE OF LOTS. D. CONSIDER RESOLUTION ADOPTING PRELIMINARY ASSESSMENT PLAT AND SCHEDULE. Item No. 15 - Comment: Action: DISCUSSION OF PROPOSED WATER CONNECTION FEES FOR 1974. At the present time `the City is operating under a fee schedule established by the -City Council on May 4, 1971, by Resolution 71-163. Since,that time,:anincrease of approximately 20% over the present charge. -has occurred for installation of water main. It isr'ec'ommended..thathe Council consider a resolution in accordance with .the attached memo. f fp r. _4 ...man... I M E. CONSIDER RESOLUTION SETTING PUBLIC HEARING ON RESOLUTION OF NECESSITY FOR JUNE 18, 1974. Comment. The above resolutions are necessary to initiate the 1974 storm sewer construction program. Under this project there will be sewer constructed in two different locations in Iowa City. One area will be in the general location of 3rd Ave. and J St. The construction will consist of approximately 1,500 lineal feet of various size storm sewer. The second area is in the general location of Washington Park Road and Potomac Drive. The construc- tion will consist of,approximately 1,200 lineal feet of various size storm sewer. Action: Item No 14 CONSIDER RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF ASSESSMENT THE�1973 SIDEWALK ASSESSMENT PRO- p2 PLAN AND SCHEDULE OF FOR GRAM. S-- ,/0 Comment: This resolution accepts the work done by Wolf Construction, Inc., of Iowa City, Iowa for this project. The fina h conttac amount of this p roject is $46,018.13 and the contractor has completed all of the work in substantial accordance with the plans and specifications. Action: N.3m 14% A o'1111 Ze_.W1Ae nQ AQs,-csv"&yd s, - Item No. 15 - Comment: Action: DISCUSSION OF PROPOSED WATER CONNECTION FEES FOR 1974. At the present time `the City is operating under a fee schedule established by the -City Council on May 4, 1971, by Resolution 71-163. Since,that time,:anincrease of approximately 20% over the present charge. -has occurred for installation of water main. It isr'ec'ommended..thathe Council consider a resolution in accordance with .the attached memo. f fp r. _4 ...man... I M - -_ J �f T .n . i , �_._.._.. _.__- -_-_ __.___—___._•bC.`�/�l�.ei�..•'..�.frl��:�A�I�.� �_� ��_��. -1j �V.�..�.y„V...i.. �1... J- "�� C< - [”' i.' � ... - a i , �_._.._.. _.__- -_-_ __.___—___._•bC.`�/�l�.ei�..•'..�.frl��:�A�I�.� �_� ��_��. -1j �V.�..�.y„V...i.. �1... J- "�� C< - [”' i.' � ... - a r w Paige 5 .,Work.Agenda • May 28;-1974 , ry• Item No. 16 - DISCUSSION OF THE USE OF CITY OWNED PROPERTY AT THE CORNER OF GILBERT AND COLLEGE. Comment: The City has recently completed final purchase transaction for the Pascoe Marketing property located at the corner of Gilbert and College. Several people have expressed an interest in purril}�'asing materials at this location. / y< rr"`( X W_Q-7�twacfre.v-A .1q �ovv L fSt,. �O v J'.•:a IM E Action: bVoAPy/tl C(,1 [�mY 1 H Qui �+•�. rru�' 1.Troh , le:ti, uSEFr..! S irr e, �). �DI;,�Scr�-.Cs.—>DwtbJ�.c.KCS e p.. e r.Q lhciv �lrtt. 'SBp,LJ,c..��.ae�� Item No. 17 - PUBLIC HEARING TO REZONE;A TRACT OF LAND FROM AN R1B ZONE TO AN R2 ZONE. Z-7405. Comment: Action: Robert and Erma Wolf have submitted an application to rezone an .83 acre tract of land located north of H Street, west of lots fronting,on Sixth Avenue, Iand 'south and east of Ralston Creek from an RIB Zone to an R2 Zone. The Planning and Zoning Cotimis- sion on April 25, 1974, recommended by a 4-2 vote rezoning just Lots 9 and 10 and the west 10 feet of Lot 11 of the original plat of East Iowa City Addition, all of the vacated alley between Lots 3 and 4 and 9'and l0 of said Addition, and the east half of the vacated alley adjoining Lot 9 of said Addition on the west. , tt L7wZ flui b^ L n f 1 1 -F A l a _r* -- V c� /`�, e� o ak :4'6 P ►/. e io Soo C4 . Item No. 18 - PUBLIC HEARING ON ORDINANCE AMENDING THE SIGN REGULATIONS - ZONING CODE, CITY OF IOWA CITY: Comment: The purpose of this ordinance is to regulate signs in the proposed Office -Research Park Zone. This is a part of the Planning and Zoning Commission recommendation of March 14, 1974 regarding the y adoption' of a new Office - Research Park Zone. 1 ° h1•``yoyCr.ir��u.si:.d lt,clusro�..c"crv�cP'v„ir AM.o.•v l`,.•J,�i,Lt o+..�C•o Action: p. l ' r©O•R ln- �. 1 � a./.q D.e �tn k -in 1 11 ���.` rGC 1, .,^�� ^ v , � _ r }� J_,� e,.r�,•.' L` `� �ke ��r Ij *e_ (. P Item No. 19 - BUSINES[S FROM THE CITY CQUNCIL. �� 1 ' �2. I dP U•Ee•. T yf 41a AI 1,' .i /y 00 r .r Y'� ! r j . Af - t' .zv,? zr t�....r � � r,_ x a/'-F'ttt r�i<»F� ��..• tx �r ,�2f J lli d J� �1/\�1�Rr•�.,�' J..L�1/✓� �. t �d . J {.�' _]i� S ��. i� "Z.+y '. x _ ? ��, W � ` _ ..e�' s?�:J'L a�� r•� e..�3+;' t t R i.2r .ia :1t -t :�' :�S c Item No. 19 (Continued) .17 Aj hh- ell; v • In. . - IV"'T'A Item No. 20 f REPORT ON M - ISCELLANEOUS ITEMS FROM THE CITY MANAGER AND THE CITY ATTO 17) ----------- I L) AA Item No. 21 - PUBLIC DISCUSSION. AV b I a 1 11 11 1 AL -------- 0 2— T7 2- c) Item No. 22 AwOURNM . ENT. Do- 4t.,aA -A- ee 'k age 6. Work -Agenda May 280 1974 c Item No. 19 (Continued) .17 Aj hh- ell; v • In. . - IV"'T'A Item No. 20 f REPORT ON M - ISCELLANEOUS ITEMS FROM THE CITY MANAGER AND THE CITY ATTO 17) ----------- I L) AA Item No. 21 - PUBLIC DISCUSSION. AV b I a 1 11 11 1 AL -------- 0 2— T7 2- c) Item No. 22 AwOURNM . ENT. Do- 4t.,aA -A- ee a obc "v 4 w r :z i s '`its liOLlnCll` mtruces lit May 14 : = >19 74 i v .Sv S1 t j "f f t Drive 'appeared regarding the,p4rkIiri'0akwo6ds,NII area.. Sarah"Fox,a`Cliarper`son;tParks Viand TRecreation :Commission ,noted they werenotaware of ,'the interest ;of ,tbe neighbors to have a park infithatarea. It was moved by,deProase and seconoed _by ; ayids&iMt iat the. Cjfy Manager Sbet instrucCed, toinvestigate immedy &eterm =i,Minit►g' iatelthe ;_availability of -:.the proposed site 'adjacenti�to the _Ldmme School or -27a. :park "site:-.` Motion_ carried ��s f x , Itwas movedby< White and _secon`ded by deProsse to adopt the Resolution Approving.Class=C'BeerlPermit-App2i'cation for Benner ;Tea{Co: d6aj,StarWholesale, =1213 SouiCti Gilbert St: Upon roll ca11LCzarnecki j�David6en;°,deProsse, White voted J. aye' , Brandt=absent: .=Motion carried. A't' �y .f a ,e.'S TtbyWItni dePosse that was rmovedk,a the letter_from�June7Kinneyf;'dmin3strative Assistant, Johnson County Commission,.on Envonmental7,, ualit Q y,jconcerning-news print;recycltngbereceived and;,fi7ed and referred `ta the City rManager for report: 'Motion ,carried It was movedby DavisenXandt`seconded by .deProsse. that the petition ¢fromyParent TeacherKOrganization at' Hozace`Mann 1. concerning thettafficsignal �a"{Park~Road and Dubuque.St, and requesting' a idewalk on the east side of `Dubuque between Chruch Street3 and Park tRoad, e.:rec evedFand filed :and referred -6% the City; ManagerfdkQreport aszaoon as possible; Motion _Itiwasymoved°by White rand seconded,by deProsse that the letter from the Ci�i1S'ervie Commissioncertifying.the: list<of qualified„applicants for Police Officer as_-thexesult soeCvc`Entane:Exminac-ion rcieyed andf thiv filed and the certificatibris abesapp'rove`&"M:otaon carried. It was ,moved ,by' White "and seconded by deProsse that the letter from Terrill D:Boyce : ;S?. Boatman;:. University ofIowa Resident and- InternwtWive' s -4Club regardin a tornado warnngx system for �IowaC`ty,be received, and :filed:. and re- ferred to the; Mayor asYrepresentative of the Civil'Defense CommissioL, City Manager, for #report'. 'Motion. carried'. r .. n c •- 4S 5' i-S� L j r t Itwas,movedby White ,and seconded 4by deProsse. that thea 1-etter from=Evelyn Goss;�A026S-North, Summit, ,regarding . used bicycles for sthe Veterans ofR,fForeign Wars;`Auxiliary at the VA Hosp tal be received fianyii � f11ed ;and referred to the Cityy Manager--andj�CityrAtto ney`�to communicate= to the .individuals f,'i i �' t. - i` i } r CYYS iMFv hzt tl i a -� aie`.sy.:: ♦4 v .� � � 113 -- »\ 2 2 = * \\�\ E■ pope t . 4Pf6ss that [1 iw&is:C a <-#a L zis :to pas? and CIfe�e)\t.the. 3ePr s §§that « \and -referred d ? \ \moi e at \?»<\ 44 §f he Ordinance t ast ng Park \ ti{1»6&l /\ Upon \: --..a . . i ¥o ed }ay ed\fiƒn\y/. dr s kkat %. nam \be Or n ck l�:ytite 1. h \� \Cka \�dƒ\\f reading 14 A974 fding_,. tne,' e_.PArking on tAi I lll'lSlum,_;.. - it, Street, OB seii, that. the - a rkin - g �1, on , the' I carried. It: o adopt .the te - ""Ciarnecki Motion ent',,:,,--. ,,carrieci.. Davidsen to., the-',. Furnishing �t,,",Traf f ic Signal Mis sio%ni, Kansas. barge of $521:70 `Al0�r len, Inc ,_ Divi6ion.II amount _f $69A26'.25St. Paul: ��O -,Minn. in-.'. 'only) , totaling LViAsen dePlrosse, carried I --i, b d 6 P r o ss e to. -,ovements,in-Bel .'Air...' -a ids6n, deproSS e,:. -carried. r on Pending- Items" )6uglass -Court-- ,:the�-ner of Review o - f,parking - --was. ._,m,o,veld.'.-by es,o ution.:prepared:-- ia6 stile -,time set f tle ce- s s i ty and ;and ,Form Co ntrac t Mike .Htinz ger Lon,7shbwing. the &ig,' pool area-.. There�. a- I. thi�-- pilblid.`he ., aring, d �&,4y,`ar6sse to ll.". q qa David dncarried seconded by L'" Ll U LC 13 7 Y May 14, "1974 i ♦ ,{ 1 ti z 'r - deProsse toadopt theYResoluton approving Plans and:Specs. and _,F ofContract`.r Upobn "rollcall° deProsse; White.:'. Czarnecki; Dav dsen mooted aye ,Motion carried,'Brandt absent ., s Mayor Czarnecounced /that %thi's was the .time set 'Ffor the public _hearingt. ori% th'e sposi'tion of an `Alley in ;Block CtSuntySeatiAddition re este >by .tfie University, of Iowa sand recommendedbyPlannng{`and: Zoning. no interes.tedy _ tr =tl There being ,persons present<'tospeak for or: against; `the ;public`hearingwas declared closed.�; Mayor Czarneck.:comment'ed'on the items"that were discussed at;the`informal'sessori{and noted receipt;o a letter from{Jean M: James;,1101Kirkwood'Avenue• It was moved: by David__sen andsseconded=by deProas- tHat the setter be received land;filed, Motion{ F t ,r4 , .ic.arried . _ r.. eNr,' r 'F.2' .nat Mayors Czarnecki announced the,reappointment of the SIX -Mi of�"the�Mayor' Youth Committee as :,follows Keith;Kafer,sJeanne�Williams;� Bernard,Barber -'Ann Fedderson, S "Rev. Robert` Holzhammer; andDavet"Johansen: It: was 'moved;.by w White and seconded byFDavdsen:to�reappoint tfiese.members for a one ` yearterm. 1Motioncarried• f`a - '� � -� z��: �.ES s J r.C� �? 2.j ki :F Y• . C .r -/l +i .. It wasfmovedyby White and=seconded by Davidsen,that the report of� the YRul"es Gommirttee of May' 14; :1974 'be =received and fledandscheduled for discussion with '-'-C"" USS informal' sessions s Motion"carried: J It was ,movedRby 4W site ,,afid Wseco e ;by Davidsen that the>letterfrom�Mrs, William Moore`324;H Governor concerning La stop sign at= Blooming ton 1 "' ;and filed,:andrreferredgtorheaCityoirtanagergai toinvestigateCeiv�d tie specific area. ' a f Motion carried, r> il- FX >' YAM 4 JS Jt" S c:'.+ tT .iGY \f sF4 uta City Manager�Wella reques`ted authorization to submit an amendatory-budget�`for` Project R 14 to ;agree . basically, with fthepsubmission fliscus`s=ediaith HUD officials. <It:was moved by' White;an`d;secondedwby•_;Davidsen that ^the City Manager be so `authorized.;y M0_L. pu 'carried: ,.st.. t* 1 -rfs - It.wa's'moved by_.Ade -rosse ander seconded by Davidsen to ad ou rn,the�meetingqa"t�10�10 M carried s= � s 4• otion; - r' f �y+�-t!•'}a.a �.Y .:.,'x"s +X 3 •. 3 F �1 '. sr '.`�'' Vii.-� + - S 4Atr a{v 3r 7 1PVF �' •- 4 a { + 4 L -C 'y` i'. i i city c erIV 1T V y 1}N { x f - -� *, is � s �- - c�` z- F"° •'� � _. .-� 4c T's a `''i1�v'L� 4'�.ChK.'�:uiCY'�a8-�3'.•������.t'�Li�sti.3 `i�.��Sf�.Yid:2iti�.vF�aS6hZ+.K.i'..�'.F�Z.Yii�`..'..•'Y. ,....• . .. . . .- 5 .... - T �z' { ba :yrt 'T y �i�"'x � 1.'x- � 5♦-'ij K 5- 1 r - - � �+ - 57 Y SPECIAL - MEETING ,OF°COUNCIL x x Y IMAYr 5 y rY .Y LS � \ f 1 4.1 IP,M.'i if - Y �,-"q(.;, The Iowan}City City Council metin a1,3pecal- 4:Meeting at. 15 P.M.', onthe 10th day of j t,May,- 1974 in the'Conference Room at theIkCivic Center ` y Counclmembers present'Brandt,Czarnecki, Davidsen,•.,de- Prosse, White(5`00) Staff present:, Pugh; ZelenkMaune; x Wells; R1'aus, 2 Hayek,Taylor. 4��,'., s"1 f. Mayor Czarneck1!.,announced,the;purpose of ahe special meeting was for discussion of Urban Renewal; ;they meeting ;field yester- day h Omaha, and followfup conversations. `THUD••officials had a again= indicated; thatrtiie Urban'Renewalr lan`'w.as financiall .'U P y un- feas-ible, ;because Kthe ° City could not kdel'iver on their commitment for the parking partof„ they contract, z�andx because,'ofthe court case Douglassus. City. Giventhesersituations, they would ter ma nate the' contract as of,June30 h1974 unless the .City. could j come up with a £inancially`feasibleplan meaning hat 'we would, -have the bondsssold by`6/30rorsome assurance that they could F. be ,sold by yithe 30th° ` HUD ao£ficfils`=also gave no adequate assay ances_ tliAt they , would'` release'.the Y;$400 000 that had been cello- cated; for `Ia a `C ty relocations.�j�Another point, ma8e by.';offfcials including Sparks;�SHeridan; Loren, Mitrten,,deAngelo; Harris Birch; was that-3they.were notytal I, " tabout closing .out, but "were talkingaliouttermirityiorin^andthe` congensus'',of all officials was to terminatetheconract::' - �tAttorneyi'Hayek gave his opinion of�the difference between close-out 'and termination. ForYµa�_close out, add Ahey plusses ' t dly wind'down'the project ctForiand minuses and essentially rap termination,ga, moredrastic procedures involving essentially:taking over he pro�ect,byK HUDtityalcou`it rocedure. The`.Ma or, --had' Y questioned=`officialsi£`we'could re 'ise 'lithe'bud et and .take: out he arking- $2,'S00 0OOP�fi are, g P_ g g s�since there Fis>> no .way.' the' City can fulfill*tthatobliat ori ^b ygJuneF3tOth HUD officials seemed o>favor this reaction sincefthe$Cityhas 3 to 4 million dollars: in credits: tA h 4 t 4 i y -.F Pl 'F�., •T Y4 iyM.0 :rte iS UrN 1� ' Councilman White {arrived,��5:T00� P.M: { ; City Manager'=Wells commentedtthat he had reminded HUD officials thatweweire `overinatched3considerably as federal. - urban renewals law xequires-thatlonly ;25$'_ be„locally funded. If wecare successful in ;getting Omaha to a accept this new . 1 ;financing plan;<'he�suggestedthat twos things are fiivolved .which could`_ make the ahan 'e =� g possible} 1) the overmatch situation, and sic ne;pro_3ect ,=prove nt -of money, ,and 'it y• this project le,.and.we will acquisition of parking out of the lan ";arid a .financial mmerciaL'.properties of parking has:been-. and:the :City;' it Ifinancing'. plan: The irogram "go, ;.is =the id seconded by, .David- [otiate'with ,HUD, lget financing plan equzrements ' 7deProsse'.voting no RESOLUTION No. 74-200 RESOLUTION OF -APPROVAL OF'CLASS '"C':'BEER PERMIT APPLICATION BE IT RESOLVED_BY THE CITY.COUNCIL OF.IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby. approved for the following named per- son or persons at the followingrdescribed..locations: Walgreen Co., 1646 Sycamore Said approval shall be subject .to any conditions or restrictions hereafter imposed by ordinance -or state law. The City Clerkshallcause a recendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other :information or documents required to the Iowa Beer and Liquor Control Dvpartment. It was moved by White and seconded by deProsse that the Resolution as read be.adopted, and;uponroll"call there were: Brandt AYES: NAYS: ABSENT: Czarnecki X Davi.dsen X eprosse X W rte X Passed this 28th day of May , 19 _74 _. a r 3� RESOLUTION No. 74-200 RESOLUTION OF -APPROVAL OF'CLASS '"C':'BEER PERMIT APPLICATION BE IT RESOLVED_BY THE CITY.COUNCIL OF.IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby. approved for the following named per- son or persons at the followingrdescribed..locations: Walgreen Co., 1646 Sycamore Said approval shall be subject .to any conditions or restrictions hereafter imposed by ordinance -or state law. The City Clerkshallcause a recendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other :information or documents required to the Iowa Beer and Liquor Control Dvpartment. It was moved by White and seconded by deProsse that the Resolution as read be.adopted, and;uponroll"call there were: Brandt AYES: NAYS: ABSENT: Czarnecki X Davi.dsen X eprosse X W rte X Passed this 28th day of May , 19 _74 _. :: __ Y X ' fix' ' Y _ �lr z rt i . �r2^ a "'f`t 4 ?"✓' �,+ ` �r ri `-.1s 3} To the Honorable Mayor- and iJIAY2 1 1974 D Members of the City Council City of Iowa City Q B B E S T LF U S Iowa City, Iowa' CIMI CLERK Subject: Sidewalks on Holt Avenue Gentlemen: The undersigned residents of Holt Avenue hereby petition Your Honorable,Body'to%exclude-`the 'placement of sidewalks along Holt Ave nue >=from 'the'sidewalk-3.mprovement program. It is our understanding;;_that,the initial request for side- walks along Holt Avenue was made by.-an.anonymous person who is not Al resident 'on our street. For many reasons including those enumerated below, it is our firm opinion that 'sidewalks are no 'needed. 1. Holt Avenue is a sh0-.r' reet which provides access to only 15 residences on'an.average:._lot size of over 13,000 square feet Sidewalks for pedestrian safety are redundant because of'the.extremely low volume of vehicular traffic. 2. The placement of sidewalks along Holt Avenue would result in an appreciable loss in. property value to many res" idents: There-are-more;than _a dozen mature trees, not tof men tion the extensive amount of landscaping within the 60 foot right-of-way; of Holt Avenue, which would be destroyed-'* 3. Holt Avenue is ,located within the= .Black's Park Addition, a subdivision platted in 1915. The residences are within an old, well established area, and; there is no reason to assume that:after'58''years;'sidewalks are now needed. Thank you for your consideration in this matter. Sincerely, Name:- Address Ye _____f 73 The ' Honorable Mayor "and f ' Members of -.` the- City,Co uncil Page 2 Name Address 0 .: �, :. __ �,r: ,_ .., __ _RQ, J,� IM MIN TMkG917_._dRb!9 -5 4Q�Z Def' 1) vwco It ns rudot X dA reconstruction improve_ went, enlargement,- alteration-'- ion-'- ain ink and decorating, or major repair. 2) "Locality" means :the 'city -pf,,,Iowa:_ City; where the public works shall be perform:�:ed.**_- -wor 3) "Maintenance'- k11 means: -'the. ,repair and replacement of exist- , ing facilities whentheSjzei type.or extent of the existing facilities. -is no,t'th6reby, changed or:'increased. p 4) "Prevailing hourly rate Of-wag-es"means the wages determined by the Secretary -;of .'Labor.i.of the United States to be wages paid generally iri-,thel ocality..,to workmen_ -engaged in work of a similar character,.including the basic hourly rate of pay and the amount of contributions irrevocably made :b t o a.trustbeor _y -a -contractor or subcontractor to a. thlrd Person pursuant to a fund, plan or t -program, and th6''amount of: the= rate of costs to the contractor or subcontractor -which may, bereasonably anticipated In provi- ding benefitsto,.workmen and mechanics pursuant to an enforce- able commitment to carry out a. :financiall�y responsible plan or program which 'was.-commun*6atedin.writizig to the workmen affected, for medical.or h6spital care, pbfisions on retirement or death, '- compensation.'fOr-inJ��rie jjln6s_s,resulting from occupational activity, t or insuran7'' P --ceprovide any foregoing, for un- employment benefits,',lifeinsurance. _--disability and sickness in- surance -ihsuranre-, accident for_.vacation-and holiday pay, or for bona fide frin-g_e-befiiefits'�,i t' Qontractor'is_not-` bu , only khere''. the contractor or sub- contractor 'Other I vide any of -t y federal or state law to pro- he:ben(i�Eits;�--.�Pro provided, edj that the obligation 111 of a contractor or, :sjjbc_ on' -tractor - to'--, make payment in accordance with the prevailing'-wdge determinations:-of"S66 -the retary of Labor may be discharged by� the making.. of payments in:cash, by the making of ir.revoco!cabi: e ntrib�itions-`-to- trustees or* t hird persons as pro- vided herein.,, by"t e assumptaqn.'of: an enforceable commitment to bear the costs :of`.'.'a-plan,.-or program - as p . r , ovided herein, or any combination thereof, whe e,aggregate.-,of'such payments, con- tribiitions-: aind'._do_'sts ise_ss,.'tharf- the rate of pay plus the other amounts:pro�'rided herein. 5) "Publicbody?'.: means :the city Of IoWa:City or any authority, Officerp'officlal'--- bb'a-r*d ;.-.COinniis.sionpl-:6r."council of the city, or any other Political -subdivision* thereof or any institutions supported in-wholeor in part by:'city_ funds of Iowa City. 6)Publ` c ' 1 vork S,,-means-all.fited-wcirksconstructed for public use or benefit--,6j,-`pa wholly or, in '..'Part Out of public funds; Public',Azn'ds -here 1jj6jjjd6 clty-� Aizids` federal funds, or both. 4 3 0 -7F �z vt R 7) POLICT'DECLARED: -.It.17-is, hereby, d.e.clar6d.U be the policy of the city. of Iowa - City that- --- a.. Wage of,no.:less than the prevail- ing hourly rate, of wages for workof a similar character in the locality in which the_.work,is performed,: shall be paid to all workmen employed,-by or on'behalf 6f'any public body engaged in public works, including-maintenance-work. This policy shall be carried out in the, . following manner: 1) Prevailing.wage.,, rates required: on construction of public works., and maintenance ',,work t on.publid,works shall be not less rate of wages�: for�; work than:theailing ,pre,vc t wo of a similar character inthe. locality inP. which :the',work is performed, and not less thanthe-prevailing hou hourly rate of Wages I .for legal holiday and overtime work-These: wages -.must,,'b'e paid the workmen employed by or on behalf :of th6'public'bbidy engaged in the construction of publicworks, including maintenance work*dn public works. Only such workmen as' e _.'_dir.ec.,,'1y employed, by are directly _:contractors or sub- ::contractors in actual.construction workon the site of the build- -contractors ing or construction job* shall�be.6eembdto be employed upon public works, 2) When the.hauling Ofmatbrials.-or equipment includes some phase of construction other-- than the-mee': r transportation to the site of the, construction,-- workmengd "'en* ged in this dual capacityshal1'be_.1eemed emp oyed directly_1.on-public works. .-.id 3) The city- councilv...br any ,political . subdivision thereof, shall inquire diligently.-.,as'to P_Lny'viollationofthis ordinance, shall aid the federal 'gover'nment-in any. investigation of violations of this. ordinahce;' tiie-.-f6d6r&l-.,-,governmerit shall-generally en- s-' sion. �. o force those provisions, ordinance-which.pertain directly '6 % to similar . prdvis :6 ections,274 to 27 in provisions Public tav'O 6. All other enforcement-of the -,--provisioh.,4 ..,of this ordinance shall be the .respohsibility.ol-'the =city .of-. -.Iowa wa Cityp its city council, or any .political ereof. alT."iiibdividi6n Ah 4) The city, city.-Council 0 r any political subdivision thereof, shall establish rules "and-rediii:a-6ion-s,:.for the purpose of carry- ing out the provisions f-thie or di' nance. 5) Every.- public -body':`authorized'to, contractfor or construct public -works bef r6'�,-�advert f 0 -,.isirig:-, or,bid s or undertaking such construction.-. shall: r,6qiiest-!t��6.'.,ipre'Va'iiin'g scale of wage rates from the city-:prior to, constru6tlono.f,public works in the city. To,facilitatethi'sl-mechanf6m."t f rested that the city coun- -,,: S. suggested , oil, upon determination of�thi e.Yprevailing-rate of wages for each e 'Y-th6-,.8e6retary of Labor of the type Y b United*,S ates t e, wages to any and all ors or.**. s contract' )ib6ohtradt6rs o�-ar e' considering: working on Wblic::works- inside .1-. he: cityf Uty_-.' Moreover., the city ,o -.'-..-,Iowa --,C 4 vawv 'a g� si. :j;! Is sr 31 Zl should Attach-this's scale,ttb -the specifications given prospective Pz. contractors 'or:- contractors-, or; :this wor e.,public body es lut shalli, then, -specify -'An the is 0 o or... or nanc r e and in the contract,, what call for bids -`for, thea'dontrac a --,-is e. prevailing hourly rate of wages in thellocaiit' f locality or each` e of workmen needed to execute.the,contract' _-and'dlso-the gen&ral.prevailing rate for legal holiday. -and overtime work:. -,It -shall. be mandatory upon the contractor towhom the-contract,is awarded and upon any subcon- tractor undd3�-hi o�r'_to:'pay-not less than'the specified rates to all workmen employed by him/her/them in the execution of the contract. The. -public bodyl._'Awarding the contract shall cause to be inserted.,,in, he contract A. -stipulation to the effect that not less than the .prevailinj`�hourly_rate.,of,wages shall be paid to all workmen perf6rmingi work under thecontract. It shall also require in all contractors bonds -that the contractor include such provisions -As will guarantee the faithful performance of the prevailingx6vided by contract. It - hq_.urly.* wage clause as,y shall be the' sue C 0 -dust -0 h'ptibli �body -t take cognizance of all complaints all-violationd of the pro -Visions of the ordinance -of committed;in-the I _'course of�, the exec*ution: of the contract. 6) Penalties_�-*Other than--those-penalties which the contractor or: subcontractor --incurs ;i�i Vi6iation,offederal statutes, such as Public 1A4'40 Sections: 274%to'276,4the contractor or sub- contractor shall as-a,penal-t in violation of specific -Y provi.s.ions. of this *,ordinance,., ten dollars for each workman em- ployed, :for _eachI'cai6ndar.;dayi�. or portion thereof, such workman '-the is paid less than'. 'stipulated rate's.for similar work done under contract y 'of where the city of Iowa City for the -_�c it wa:tity and the. federal-__ government are parties.to, a contract for con- struction of . V,ublicworki'.` � Moreover,; a.:clause stipulating this penalty shall -be' -rt t -insL ed'. -An p any, --contract between the city and any contra6tor,or. subcon ractor.-,.The city shall be empowered, '6f. upon the dis66-i6iy of any-'.`Violaii6n. the� provisions of this ordinance.by' the..coritractor-,oi �- iubconstractur, to withhold and retain any or all, sums- a"n"d amounts due the contractor or sub - contractor, tJ h t offending contractor or sub- un 11 such time`as the. contractor -has abided =by,`7 all, S ipuldtions,of the contract, including 4 the'-st;p ulations of -this ordinance, which shall be inserted therein 7)-A clearly-, legible statement of -all prevailing hourly wage rates to be.. p'aid-Ao,-,. all*'. workmen employed in order to execute the . contract-` nd employed"bn *. thiD construction of the public - works shall,. be -. kept'- posted- iii- a -`-.prominent ..and easily accessible e - place . at the, sit' -'constructibn.by.each .,contractor and sub- contractors iengaged in,,, th io" ptiblic works -projects under the pro- visions of 'this;..ordin e :and anc -,such notice shall remain posted during the full time ;of the contract. A sti- pulati6n. to:�, thi S off e e't, , shall-- b , e inserted n serted'into all contracts c co,nstr'uc'tion1'botW.e6:n for publi -the " city and any contrac- tor or'subcon actor. titj _N1 _mqg . WW 75W 'M -z A�, kb they Woth:ffigAn, ... .. 1011"Ordinaftce��--_-sh' &_0 shall b -c trued , --to p o e, on-,, e%, blic 0 workmen -employed work :inside e'.,. an.T.,wori.cmen. e loyed on pu or ,pr Vailin estabjished'Prevailing rate of s wage locality. 9) The city,.. -,city. ;council, or ,xany Political subdivision therof, shall.,, authorize - a,- representative:, -of '.the Public body to survey any and all .; 1 contracts ,for C'..wor s where the city is a party to the:co'ntrad-tsi The i- :authorized,representative may admin - i ster - oaths P, ... 61 o r -'.'d au s -e- -_ to nesses 14': el' t e'n the depositions of wit- ► and -require b -'stibpoe e,:6tt- endance and testimony of witness.es.-and,th6-: production of all bopks, records, and other evidence rela ' iive -,,-to�, any-.,, matter under,- investigation. In case of failure.of- ' ' 1 0 any�.person or�.,-persons-t or on the refusal of issued by the ;authorized o-cOmPlY with anY subpoena ,pre sentative any-mijusne duce �'ev"idi6nic-e- . or - representative, ' regardingas _td�testify on any matter Whitc /she-may--be:la'�fic�ullyinterrogated under this Provision of tus, ox�dinance,--, rthe'.representative shall be obliged to'sue_ the person o ;personsl-� on behalf of the city. A stipul- ation ,corresponding --,to this p Vj ro sion shall be inserted into all Public 'work -'cOnStru6tionproje- s F cts..'e city and' any contractorntered into by the or�'.`subcantr�actor. 10) The contractor a I nd.each subcontractor - I engaged in any con- structior., of -public. works" -shall eep,fRll:and accurate records wor s--'-sh�ll, k - clearly i.ndicating-�the,'names", _ocuPations' C and crafts of every workman le dby them.'in;connection wi-th'the public work together with accurate e number of hours worked by each with accura,. record b e actual ' - ; ' ' -workman An4'th wages '. paid therefor. The pay- roll records _.required to be. so -,�k6pt'shall l by the authorized be open to inspection d -representative "of,--th -public body at any rea- e-, sonable. time. and as., 6�eten,�,�as:may,,be:necessary and such records troyed'' shall not be de s- or-r.emoved.from the locality. Copies of the ecords'-may be kept bytl. r ie�,�766n-tiEj6tor:or subcontractor if the origina1_�"j-d- t e'--' retained,by hi'Publicbody� A stipulation cor- responding to'�t,h'iS---PrPvis"3.on-.--sliiill t6.Anls'erted into. all public works '..construction' projec ' ts entered into by the city and any contractor orsub6'ntr 0 actor. 11) Each contractor and: subcontractor sha- :I , 11 file with the con- tracting public body 'upon,'completion o�f-the -public work, or upon comp, letion ok"- -Portion of the the 'wojrk for which they are responsible b -contra'dtual---agre"em-'zerit,* y i..anaffadavit stating that contractor the -_or -subcontractor "--h' � _�as fully, complied with the provisions of.thi** rdi - "'. I t_ I - S,� 0 nancei,,_and�thepublic body shall be Authorized to: dthhold" final a, -�, payment I uiltil such affadavit is filed therewithl 'A stipulation cor- proper, rm. and order'. responding to -thiip r0v sion shall be. works constru,6tj6jj:,-, inserted into all public -',pi6jectq�!- o: contract- `by:t4e city and any or or'subcojjt�j actor: b by, -'subpoena th _ 3.-�-� -- 12).Upon`finding anyrviolationkof the.,prevailing. wage provi-- a h sions of,'this ordinance byt any�coritractor or subcontractor'`` that violation pertains: to ;ithe ndividual: worian'en, he authorized representative of the.=public: body `shall inform " workman or workmen of 'the violation. The workman";or";workmen shall then have recourseto ue the. contractor if the contractor holds sums or amountsdue the workman or -workmen due to violation of any provision therein, or,the;workman or workmen shall have recourse to sue he city if the city has withheld sums and amounts from the contractor due to violation,.of the prevailing wage provi- sions of this ordinance by said contractor. (See Provision 6) 13) No contractor or subcontractor engaged in construction of public works' for, the., city of:Iowa City shall request, demand or receive,' either before-or`after.the" construction of the public work ,that any workmen engaged"aon theproject pay back, return, donate, contribute, `or give any>part.or. 'all of said workmen's wages, salary, or thing of=value:"to any person, upon the state- ment, representation, or:understanding that failure to comply with.such request;or..demand:will.prevent any workman from re- taining or procuring= _r-t'.c< .Hz .� r 4y�k qq r_ '� f fi s i v-`� Z - --- -__ „� '�.r, Ai�� s} t {^.j x•'•v .% v 1 t 3 4`t't2 , ,+ v r�4 x J }z t c s ~ s .16) Te publi• c 'r btrd.. 5 x .o, -.n. rT ctoom�, aivrt F orf 'vr �i. olEationsh; of any: pro_oy,upr :' Uhf •is.T�Y"�+, - visions herein by vany. corltraotor._or tsubcontractor, when that complaint is> made by ;the 4uth6r'ized representative of the pub- M �lic body, shall suspend any and all, payments due to said contrac- ::- tors or subcontractor s tor(s) ( ),until such determination is made as to the validity o.t the. c6*laint.. Upon ; any; `determination of violation of any provisions of :this ordinance made due to sub- sequent investigation of said complaint,.the public body shall notify the city attorney that such a violation has occurred and instruct the' city-;attorney=to enjoin aheeaward of any further contracts for:public'works with the violator, to enjoin further work done by`the-violator ibr the city which may be in progress at`the time of the -discovery of the:violation,.and to enjoin any further payments .therefor until- the. violator. has fully subscribed to the provisions__`of.this ordinance. -This 'shall be stipulated in all public works construction project contracts entered into by the city and any .contractor or subcontractor. - This ordinance is_in agreement:'With the Davis -Bacon Act approved by Congress on March 31, 1931, and amended generally on August 30, 1935, by Congress. The.:city passes this ordinance in order to insure that the:;prevailing.wage concept for laborers and mech- anics,,`set federally_'b3:the Davis -Bacon Act' is included'in all public oontracts`for:construction of -public works inside the city Of 'idwa City F o t1 P1-' -, ,in {�� ^•.�"'S -rS F� 'ac.'.p ;Y Fyr 'y J;r�' !9x :.3. v 1 - • 1 WEST PRENTISS ;IOWA; CITY, IOWA 52240: PHONE 319 351.2535 May 21,1974 City Council Members Attention: City Manager Ray S. Wells Civic Centel•,410 E. Washington St. Iowa City, Iowa Gentlemen: We would like to petition the City Council to consider changing the parkin; regulations on the south side of West Prentiss in the one hundred block from the present No Restrictions to,a two hour limit. Local business in the area,; including ours, has beenpreluded from using any of the street parking in the area by University employees and others'stUring their cars on the street, in. front of our businesses, for the entire day. Any consideration you may wish to give this request will be appreciated. Very truly yours, Joe Meade President The Barn Realty Inc. JMbd In B IOWA STATE BANK & TRUST COMPANY IOWA CITY. IOWA, 52240 AREA CODE 719.728-3625 May 23, 1974 Council and City Manager - Civic Center Iowa City, Iowa 52240 Ladies and Gentlemen: I write to call your attention to an increasing problem of traffic, particularly the flow thereof, whichexists at Highway 6 By-pass, Keokuk Street and Hollywood Boulevard. The installation of traffic lights on the By-pass and Keokuk Street was of great help in solving the terrible problem that existed there. However, it is still quite difficult to make a left or right turn onto Keokuk Street south from the By-pass. The problem hours appear to be 7:00 to 9:00 a, m. ; 11:00 a. m. to 1:00 p.m.; and 4:00 to 7:00 p.m. Because of the short distance between Hollywood Boulevard and the By-pass, there is not enough stack up room for those wishing to come off Hollywood to:,Keokuk'to the By-pass. It would appear that some significant relief could be obtained by opening Hollywood Boulevard on west to Linn Street. This would afford another way out of the area. With the upcoming opening of the liquor store and the high traffic it will generate, the above referred to problems in my judgment will become almost intolerable. It is my understanding from other businesses in the area that these problems have been brought to your attention previously. The results of such surveys, studies and proposed solution would be interesting to know about. `. < • 1 � i � f In B IOWA STATE BANK & TRUST COMPANY IOWA CITY. IOWA, 52240 AREA CODE 719.728-3625 May 23, 1974 Council and City Manager - Civic Center Iowa City, Iowa 52240 Ladies and Gentlemen: I write to call your attention to an increasing problem of traffic, particularly the flow thereof, whichexists at Highway 6 By-pass, Keokuk Street and Hollywood Boulevard. The installation of traffic lights on the By-pass and Keokuk Street was of great help in solving the terrible problem that existed there. However, it is still quite difficult to make a left or right turn onto Keokuk Street south from the By-pass. The problem hours appear to be 7:00 to 9:00 a, m. ; 11:00 a. m. to 1:00 p.m.; and 4:00 to 7:00 p.m. Because of the short distance between Hollywood Boulevard and the By-pass, there is not enough stack up room for those wishing to come off Hollywood to:,Keokuk'to the By-pass. It would appear that some significant relief could be obtained by opening Hollywood Boulevard on west to Linn Street. This would afford another way out of the area. With the upcoming opening of the liquor store and the high traffic it will generate, the above referred to problems in my judgment will become almost intolerable. It is my understanding from other businesses in the area that these problems have been brought to your attention previously. The results of such surveys, studies and proposed solution would be interesting to know about. `. < Council and City Manager'' Civic Center Page Two May 23, 1974 Our specific interest in this area arises because of the Iowa State Bank office located there. If, and when, we relocate the downtown office, undoubtedly, more traffic during any period of reconstruction will gravitate to the Keokuk Street office thus increasing the traffic at our institution which in turn will aggravate the total situation if some solution isnot found to alleviate such problem. Your early consideration of the above will be appreciated. BES:lf Summerwill President May ; 20,: 1974 . TO: Honorable Mayor and Members of..the City Council of Iowa::City, Iowai .I am theowner of -or have an'interest in the following multifamily residences located, in Iowa City, Johnson County, Iowa, to -wits 1109 6th.Avenue,`Iowa City, Iowa 1105 6th 'Avenue,;,Iowa ..City ,_,,Iowa During the -recent _rainstormri this last weekend or im- mediately thereafter:a ; number: 'of bathtubs, sinks and toilets in the -above -.residential units backed up'and caused rather extensive unpleasantness and inconvenience to say nothing of a health hazard. In thecourse of investigating'the cause of this pro- blem,'I was told by City ;Engineer Bonnett that a large number of sump pumps in the 'area, together'with the rainy weather conditions ,'had precipitated the problem and that he had had a number of similar complaints' from residents of the area. While this -situation may -;have existed in the past, it is something.Qhich should be :the subject to your immediate consideration in:.my opinion and I request that you take some affirmative:action,right,away to prevent similar pro- blems in the future. Respectfully submitted, 'i ' 4 .J 3 r- +;. .. L � �. r S� I ., sa .. � �: <s__�`.�kd. ��y7. i.0 ����t., .d a;�' tiE -ti 'hT. ♦�..`�TS _at � _ Iowa City CATV.Committee April 22, 1974 Public Works Conference'Room MEMBERS PRESENT: Blum, Eskin, Hubbard, Prediger and Welsh MEMBERS ABSENT: Cordier,'Ehninger, and Russell CITY STAFF PRESENT:. Bill Neppl GUESTS: Elliott Full and Ann Loventhal The meetingwas called to order by Chairperson, Welsh at 7:40 p.m. SUMMARY OF DISCUSSION ANDFORMALACTIONS-TAKEN The minutes of April 15, 1974, were reviewed -land the following:corrections were made: "Committee discussed Appendix B.--'Board`-of Directors (minutes of April 8, 1974), the Committee moved and seconded .that the Committee's report to the City Council include with"alternatives-their recommendations for the Council to appoint a 5 member board to.continue-to advise them on CATV and that two or three of these board members be:_from the present committee, passed 7-0-1." It was moved and seconded that. -the minutes, as corrected be approved, 5-0. Chairperson Welsh appointed.Flo Beth Ehninger,as a committee of one, to work on the Items of,.Definition and to make a basic list and to distribute such to the Committee for reactions and comments. Committee also discussed a memorandum from Chairperson Welsh regarding Clarification of the..Cable TV' -Rules and Notice of Proposed Rule Making Inquiry 11069.; This is a summary with indications'_ of implications for Iowa City. (See Appendix A). Committee members who are going to attend the convention in -Chicago plan to bring these FCCrulesup with Mike Holland for reactions and comments. Committee discussed -two reports in.the Broadband Communications Report, see -Appendix B. One report dealt with Columbia, Missouri's bidding process and the other dealt with Mr. John R:B_ateman's report concerning "profit center"'concepts. x ''' a x y5t�.. m t� 5•Ai a. _s j�t fY <3 2 r y r l SY .fit Iowa City CATV Committee April 22, 1974 Page 2 - Chairperson Welsh handed out to ;committee members.coples of the Lakewood Provisions. Chairperson,Welsh'felt that these provisions were valid and wanted the Committee members feelings and to:remember that this will have to be viewed in light.;of.the FCC Clarification Rules. It was moved and seconded that these Lakewood Provisions, Section VI, (1), (c), (i-x), insofar as these are not covered in our proviions, that we include these as a point of reference, passed:S-OCommittee also discussed Section VI, (2). (See Appendix, Q. Committee also discussedcorrespondences from Chairperson Welsh to City Attorney. Hayek and Assistant City Attorney Nancy Vollertsen. City Attorney Hayek concurred with all three of the assumptions' contained in Chairperson Welsh's memorandum. (See Appendixes D and E). Chairperson Welsh passed out a.memorandum regarding the Boulder Permit. This concerned application for-Certificate of Compliance where special justification and .waivers had been asked. (See Appendix F). The meeting was adjourned at 9:45 p.m. 1l+ t > ].---g4 rc i.n1 ':.�(' .. { v,nYf 4Jp f 1 t $.T- 4� iM. x f3 ' 3,''{swss4� s� r 3 ♦ _ _ t t ,LfycEf : i s i7- { j '~�"1 `-iE t] :• f{: rt 4Y . C v r: Appendix R Clarification of the ;Cable TV Rules and Notice of Proposed Rule Making and Inquiry 11069.: A Summary with indication of implications for Iowa City. 1. Franchising authorities do.not have any jurisdiction or authority relating to signal'carriage. .While thefranchisormight want to include a provision requiring the operator to carry all signals allowable under FCC rules, that is as far as the franchisor can or should -go (8 ) 2. Leapfrogging a joint petition based,on community interest will be considered in''considering a waiver request (9). 3. The carriage of signals not required by FCC rules is left to the discretion,of the cible.op.erator. In.those cases, however, where signals are going to be dropped completely, we want to be apprised 4. The more.successful access experiments are those where a cooperative effort is.m,ade by -many groups to fill an access channel. (16). Four access channels (15). 5. It is not the intent .that the cable operator, having provided the free channels, should now also`pay to program the channels (17). 6. Channel activation the, time trigger provision applies to each channel individually. Additional special designated channels need not be provided free of charge.. Reasonable charges can be made (21)_ 7. If franchisor requires. two way,.`FCC,requires a showing of the intended use and.a showing that such a requirement will not adversely affect the` system's.viability or inhibit it from complying with the federal goal -`of a'nationwide cable communication grid (22). 8. Privacy: restraints on such activity should not impede system -wide non -individually addressed "sweeps"' or the operator's acquisition of information for purposes of ;verifying system integrity, con- trolling'return -path_ transmissions or billing for pay services (23). 9. Access - free channels. .Unquestionably, in some areas, different access programsmight.be useful. FCC will entertain petitions for waiver. Ashowing:in the application for a Certificate of Compliance must be made: that indicates -what -the nature of the added require^ent is, 'how it will be implemented, who' will pay for the extra services and equipment ch 'they. will cost, and how the costs, if borne by the cable operator; will add to rather than detract from his overall service offering ;(25). 14 " Appendix A - Page 2 10. Reserved time on access channel would be consistent with FCC rules (28) . 11. FCC concept of educational authority was not meant to restrict the use of this channel to:the'local:public school board. It is not the cable operator'sresonsibility to program this channel nor should he be expected to`(30) 12. Leased Channel's..,:.FCC notes that many authorities are talking about regulating leased channelrates`. FCC has preempted this area. FCC has decided.to`prohibit nonfederal regulation of leased channel "(32-34) 13. FCC does not discourage preferential rate structures (example: for educational =user ) (35) 14. Technical standards - consideration`to preempting technical standards or,a moratorium (40). 15. When a franchising authority.has`'the power to comply with FCC rules (ex: not`limited�by state law) and 'does 'not, a Certificate of Compliance will riot be:,issued, '(47). 16. Wise to state that the.FCC rules were indeed followed (48). 17. Franchise Selection -.Public Proc eedings (54). 18. Whenever a"franchise application is incorporated by reference in a franchise it must be made part of; "the application for Certificate of Compliance_ from FCC. It will be.reviewed for Compliance with FCC rules,.in such 'a situation (55). 19. The fact.that-.an "offer was, tendered and accepted by the franchising authority, rather, than 'demanded ".'by` that ` authority makes no practical difference im the administering of FCC rules (55). 20. It was FCC, intent that 'all.parts of`a franchise area that could be wired would.be wired"(59). Alternatives: 30 to 60 homes per mile, cable extended'to "outlying pockets who must pay a specified cost for 'extended trunk line: (61) . "'Persons excluded must be informed (63):: 21. County wide systems- a -joint powers agreement or other type of cooperative arrangement between the communities could help in the extension of. the services (7:0)'. FCC urges that both the franchisee and the franchising authority seriously,, think and plan the area's development pattern over. the term of the franchise so that future engineering problems' -:'can be avoided (6.9). Appendix A - *3 � '. s" 1� � - s ♦ ) x.J , z yr � � _ ' r Y Page 3 22. FCC is considering a rule imposing a -minimum franchise term, possibly between -_5 and 7 years. One report suggests increasing the length to 15 25 years (73, 72) 23. Any substantial change'requires recertification (75). 24. Purchase of system: non -renewal payment of fair market value; cancellation of franchise depreciated cost with no value assigned to the franchise (77). 25. FCC is considering adopting rules requiring franchises to contain specific provisions and,procedures'relating to expiration, can- cellation and continuation of service (82). 26. Franchise transfers do.not require recertification (82). 27. Subscriber" Rate Regulation -'FCC has intentionally and specifically limited rate regulation responsibilities to the area of regular subscriber service? .and;:we:will continue to do so (84). FCC is preemptingthe': field '(85)-. 28. Subscriber complaint-`in.franchise a'local business office or agent; this applies to both franchisee and franchisor (86) from now on the authority'must.specify who will receive -and act on complaints (88). 29 Some communities "require that a'card - outlining procedure for subscriber.complaints be given each new subscriber (88). 30. FCCinclude the requirement that a: franchise should specifically contain`provisions allowing for amendments to comply with FCC rules (90) . 31. FCC has provided a waiver mechanism -for fees up to five percent of gross subscriber revenues inthose cases where an unusual or ex- perimental regulatory Iprogram is proposed that can be shown to need the extra revenue, (93) 32. A definition of gross`subscriber revenues (95). 33. Petitions to justify jfees in excess of three percent should include both a full description of the special regulatory program contem- plated and a full accounting of estimated costs (104). 1® • - h . t ' NS -:, tc r.4fvT y., ytx '' J>� .�{ k r i 4J. y Fes+ i s t j •l -.) ffY "V. F 'n CS r f - ) i f'^• -•n a:•. T:f i<f4r s i v� ! x:x 7 . SAppendix A - Page 4 34.Lump sum payments, will be'.considered within the three percent frame- work The,one exception: consulting;.fees and expenses. These should be included'in bidding.documents (107). 35. Extra.Service Package Requirements_(108-118) Specific equipment or personnel requirements where the benefits are available 'to all cable users would 'not`be considered payment in kind, this within the three percent,: closed circuit for a local school system would be `considered payment in kind. The key available to all-cable`users (118). Studios, equipment or mobile vans designated for use or,given specifically to one croup such, as the`educat_ional authority or a public access group would not be reasonable.. (118). 36. The franchise fee should be based on regulatory costs. (119) 37, There are serious difficulties,FCC.feels with governmental fundiz:g of programming ':(121). Relates to the use of the two percent "pad" in fees. N tippenuix is The following Report Vol. 2 reports are taken No 20. from the Broadband Communications . Columbia, Missouri is.also using the Mitre Corp. for help with franchising procedure. Columbia (which voted down municipal owner- ship) is now soliciting franchise bids -- in a rather unique way: Every aspect of_'the'procedure is 'entirely open, and no exparte communication.:with:members of the'`City Council, the Cable Television Commission, the City Administration, or the Mitre Corp., other than those of a constractur.al nature to the'City Counselor, shall be permitted. "Any such attempted communication may be considered grounds for rejection of an application by the City." Bidders must pay a $1500 nonrefundable°fi:ling and processing -fee, proposals will be accepted only if, they follow, the form' specified in the bid package, and all proposals will'be publicly.opened on May 28. Items among the criteria by which bids will be assessed: past record in working with educational systems; willingness to operate within a particular rate structure'(past history,regarding'.rate requests is required); whether selection of operator would further diversify ownership of media having significant'local coverage;!adequacy.,of service in other owned and managed cable.systems' stability in management, ownership, and finances. Such-strict,.procedures and demands may deter a few applicants, but -'City of Columbia.is not worried. A Mitre study for City showed Columbia to be a, terrific market for cable, and provided numerous options for system development that franchisees and the City could consider. Cable Consultant John°R. Bateman has some ideas for municipal ownership of cable, that "can -offer the fariest"'deal _to local businessman, educators, city.governments City services and the community segments in general. The system,can.also be financed at a bargain price; nothing down and twenty, years.%to pay."; Bateman,- speaking before the Southern California Association of Governments early this month, said that what is needed is a I "profit center concept" a tri -level arrangement of inter -connected serviceswith the city building the basic plant. Level One would provide 10 channels, i.e., the basics, for about $2.50 per month..subscri er charge. Level.Two would consist of -20 to 24 channels, providing full services, with each communi.ty_s:.specia needs being met - like local programming, special`ed:,, services for,=the blind, the deaf, senior citizens, homemakers, continued 'ed.,'etc. "To insure financial success all funding of`software-for these`_special services must be provided by the 'special rote.rest groups, with labor `provided by students for college credit and other volunteer labor. Subscriber cost for Level Two would be around $7.50.to $8.50 per month. tf _ _,, ^ z my Appendix.B - Page 2 Level Three Would consist of a 15 year lease of additional channels, with full°two-way capacity. could lease these -A separately -financed group channels and independently.develop them - with services such as pay. TV programs, security, fire and medical services, etc. This level would also allow"for lease of circuits to the business community and school districts. Bateman said.that "If such financial combinations were established during the conceptual stage;, cities, partnerships, cable operators and community interestscould come together.'and.form a loose -knit con- sortium of interests, with revenue bonds paying the way for "a base system" and income guaranteedfrom a rangeof leased service channels," Section VI. Franchise Provisions and Restrictions. (1) All franchises granted pursuant to this ordinance shall be subject to, shall expressly indicate that they are subject to, the following provisions: (c) Any franchise granted hereunder shall be subject to the right of the City: (i) To repeal.the same for misuse, non-use, or the failure to comply with the provisions of this ordinance, or any other local,'state or federal laws, or Federal Communications Commission rules or regulations. (ii) To require proper and adequate extension of the plant and -service `and `maintenance thereof at the highest practicable standard of efficiency; the City shall require extension of 'subscriber_service to all residents of the Iowa City; Area within nine months of franchisee's receipt of the Federal Communications:Commission (FCC) Certificate of Compliance,`and.:the City shall further require extension of subscriber. service' to ',all' -residents of the City within five years of the date offranchisee's receipt of the FCC Certificate of -Compliance; 25% of subcribers' premises in the City shall be wired for reception within two years, 50% within 3'.years,. 75% within 4 years, and 100% shall be wired within.five years of franchisee's receipt of the FCC Certificate of Compliance. (iii) To establish reasonable standards of service and quality of; products 'and to prevent unjust discrimination in service or rates`. (iv). To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof. (v).' To impose such other regulations as may be deter- mined by'the.Council to be, -conducive to the safety, welfare and accommodation''of:the,public. W ♦9 t Appendix C i` Section VI. Franchise Provisions and Restrictions. (1) All franchises granted pursuant to this ordinance shall be subject to, shall expressly indicate that they are subject to, the following provisions: (c) Any franchise granted hereunder shall be subject to the right of the City: (i) To repeal.the same for misuse, non-use, or the failure to comply with the provisions of this ordinance, or any other local,'state or federal laws, or Federal Communications Commission rules or regulations. (ii) To require proper and adequate extension of the plant and -service `and `maintenance thereof at the highest practicable standard of efficiency; the City shall require extension of 'subscriber_service to all residents of the Iowa City; Area within nine months of franchisee's receipt of the Federal Communications:Commission (FCC) Certificate of Compliance,`and.:the City shall further require extension of subscriber. service' to ',all' -residents of the City within five years of the date offranchisee's receipt of the FCC Certificate of -Compliance; 25% of subcribers' premises in the City shall be wired for reception within two years, 50% within 3'.years,. 75% within 4 years, and 100% shall be wired within.five years of franchisee's receipt of the FCC Certificate of Compliance. (iii) To establish reasonable standards of service and quality of; products 'and to prevent unjust discrimination in service or rates`. (iv). To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof. (v).' To impose such other regulations as may be deter- mined by'the.Council to be, -conducive to the safety, welfare and accommodation''of:the,public. ✓hr {.`w +yi'�s--,1..2� tr rA t' -R> 3t`'k._�g c..s,n... i .. .:_ i. - r r Y -f- Appendix C - Page 2 •(Vi)_ To control and re' use of its'streets, alleys, bridges and. public places and the space above and beneath them. every f ranchisce shall pay such part of the cost of improvement or ,maintenance of streets, alleys, bridges and :public places as.shall'arise from its use thereof and :shall protect and save the City harmless from all damages arising from said use. The franchisee may be required by.the City to'permit joint use of its property and appurtenances located in the streets, alleys, and public places of::the City, -by the City and other utilities insofar as such joint use -may be°reasonable practicable and upon payment.of reasonable rental therefor; provided, that in ,the absence.of,agreement, upon application by any franchisee, the Council shall'provide_for arbitration of the terms and conditions of such joint, use and the compensation to be paid therefor; which award :shall be final. (vii).Through its'appropriately designated representatives, to inspect all construction or installation work performed subject to thd-provisions of the franchise and this ordinance, and. -make. such; inas-.itspections a'it shall find necessary to insure compliance with the terms of the franchise, this ordinance`,'other'pertinent.provisions of law. (ix): At'the expiration -of the term for which this franchise'. is granted or upon the termination and cancellation as provided therein, -to -,'require the franchisee to remove at its own expense any -and all portions'of the CATV System from the public ways within the:CITY.' _ (x):, To require the franchisee to pay the costs of publication._of this`, ordinance,.provided such publication is required`by,law. (2) Franchise Agreement (a) The.`applicant awarded a franchise by City Council Resolution shall execute a,franchise agreement, agreeing to the terms and provisions of the franchiseand'.Request for Proposal. In addition, the franchisee shall i.within thirty days of the date of execution of the franchise agreement, submit',his filing`of.an application for a Certificate'of Compliance with the Federal Communications Commission. j Failure of the selected:applicant%_to execute such an agreement within thirty days of the- `City's demand therefor, or failure to file an application for a -Certificate-" f Compliance within the time herein required,` shall be `ground for immediate' revocation of any rights the applicant may `'have -in the:franchise and forfeiture of the applicant's bid bond. It accepts and agrees to all of the provisions of this ordinance. TheApplicant has read and examined this ordinance, accepts -and, agrees I to.all-and agrees to seek from the FCC a Certificate of Compliance which agrees in all parts with this. (iii)'. It recognizes the :right of the City to make reasonable amendments,to thefranchise ordinance during the term of the i franchise upon sxty days',prior notice to the franchisee or without notice with respe6,t to emergency amendments. (iv) It recognizes and agrees that it may be con- sidered a licensee for the .-purposes of this ordinance. (c) No franchise shall be exclusive. (d) Every franichise.shal'i specifically delineate the territorial extent -of the which the franchisee is authorized to operate. (e) Every franchise shall specifically set forth specific standards of'which the franchisee must maintain in respect of the following: MSignal.Quality_Rdquirements (ii) Technical- Standards of construction, operation and maintenance of the System. (f)- :The,,.Franqhise Agreement shall contain such further conditions or provisions a's'may be included in the Request for Proposal and/or negatiate-d.:betwe.en the City :and the franchisee, except that no such conditions., -or . p; I rovisi6ns shall be such as to conflict with any provisions % of this ordinance or other- law. In case of such conflict, or ambiguity between."'a'ny"terms or"provisions of the Franchise Agreement and this ordinance, -.the words of this ordinance shall control. 0 L Welsh Appendix D'-! ' TO: j ' FROM: }Z Obert RE: Io I i 0 i t' w } t I I W ' r Y a h Y Y ,I . p r cc ,,j 9 1 1 ;I ' d h 1 1 City. CATV Committee n Monday, April 223 1974, the Iowa City CATV CommiL��e ould like to review items for inclusion in its report o the City Council. trust.I might discuss with you the questions we have aised prior to that time.` e are assuming that on the most basic questions your eaction will be similar to Jay's in that: 1. The first referendum will need to be exclusively on whether to grant company A, B C, etc. a franchise. 2. That—the vote of the citizens is not binding on 'the Council, although the Council can not grant a franchise to a company without voter approvale. 3-All.options of the bonding picture riniIephougt� owaisunclear If on*any of these• 3 items you have different opinifl:1: LY:a:i what I informally receivedfromJay, please let me know right away since these would effect the report of our committee. . . .-! Appe G�MZaRi, TO: John Hayek FROM: Nancy-Vollertsen RE: Response to Mr. Welsh on CATV 0Il�® DATE: April 22, 1974, Mr. Welsh's letter makes inquiry into three basic areas. Thio memo will deal with the firot of thoue,areaej 1• What ii,the.legal bneie to own, operate, finance and franchise cable communication in Iowa City? Chapter 386'of the 1973 Code of Iowa gives a city the power to authorize and regulate telegraph, telephone, and other electric wires, and' -'the poles and supports thereof by general and uniform regulation,and to provide the places where such wires, etc. shall be placed.,•'Chapter 386 also authorizes cities to grant franchises. This Chapter is applied to cable television service by Atty. Gen. Opinion, Sept 25, 1968,(No. 68-9-26), "When exclusive right to provide cable television service to 'a community is sought from the City Council,'the applicants and the Council should comply With provisions of this'::chapter Given an absence of express statutory authority delegation, cable television might be.brought under tie umbrella of a municipality's inherent police powers = the 'authority to deal with issues affecting the health' safety and general welfare of its citizens. [Illinois BroadcastingCo. v.:City-of Decatur, 238 NE2d(1968)] Under a city's home rule powers; if cable television is considered to be a subject for local rather than statewide concern, then cities may assert °control under home rule provisions. This was the position taken'-'n.Capitol Cable, Inc. v. City of Topeka, 495 Ptd 885(1972)1 which interpreted home rule as the power of cities to determine their local affairs and government subject only to state statutes ofstatewide concern applicable to all cities. The court concluded that home'rule`provisions were applicable to cable. television.: Although this~is not an Iowa court decision this.may indicate 'a trend in -judicial philosophy. Chapter 397of the --1973 Code of Iowa gives the city power to pur- chase, establish, -erect, maintain and operate heating plants, waterworks,gas works or.electric light or power plants. There has been, to date,' no extension of this Chapter to apply to cable television as a, public utility. The meaning of this Chapter is clear and definite asto.what is included as a public utility, unlike the Public'Utility Code of.California which defines ppendix E page v. �. 3 TO: John Hayek FROM: Nancy Vollertsen RE:. Response to Mr. -Welsh on CATV DATE: April 22, 1974 (continuation of Memo to John Hayak, dated,4/22/74) "public utility" as "the supply of a municipal corp., with means of communication or means of promoting the public convenience." What the state statutes appear to do is to allow for the regula- tion, but not the ownership, of cable television by municipalities. This is not to say ,that municipalities are prohibited from ownership but merely that there is no statutory authorization in that Chapter. One provision of the"state code which might provide for city owner- ship of cable television is Chapter 404.11 (7). This provides that municipal corporations shall have the power to levy a tax and allocate the proceeds thereof to be used "7. for the construction, acquisition,`operation, and maintenance of an area television translator_ -'system. Municipal corporations which have granted a franchise t04 privately owned business or company for cable transmission or translator service shall be prohibited from allocating any money..from the recreation fund for the purpose of this subsection However, a municipal corporation which owns and operates an area television translator system prior to granting a�cable transmission .or translator franchise shall not be prohibited from allocating,money to its system from its recreation fund." NV:mbm 5 i + , Y'! 'i� ^vn i z� t *2R t ,? SIG�� r c• r f t•3 S'74 -...:� 4 a h a - - 41 r vn ham g Y S. • "S Appendix E r N s Y q _ MEMt1RANDUM April 22, 1974 3 lo; Icwra Ci ty CATV. Commit tc,e From: Bob Welsh Re; Boulder Permit' In the application,for Certificate of Compliance, the following Waiver and Special Justification sections. Those underlined are for waivers. i 6_5 Special rates for.City Housing Residents. (We have thought in terms of our- pub I i c ordi nance provi si on..) 6.6 Special Rates for Non-profit Corporations. (Included) 7.2 Payment tP Support,the Public Access Channel. (We have provisions for a different basis of support: offer special justification. My quess`is we would still need to 7.10 7.12 Costs of Consultants, Initial Costs of Consultants. 7.13 Projected Cost. -and Revenue Estimates 6.4 Educational Access Channels d.6 Leased Access Channels b-10 Digital Signals (Not included, .I wonder4in light of ACT, Westinghous '. and the University whether or not we should reconsider.) d.13 Programming substaina) portion locally produced. 10.1 1U.2 Local Corporation, Local Non -Profit Corporation. (Not included) 11 Boulder Citizens Forum (We have a different structure, which may or mr, not need a waiver. My quess is it would.) In reviewing the Boulder Certificate of Compliance one notes that there art, relative small':.number,of waivers. It is also interesting to note that in m cases 0 out of 4) we have suggested different provisions. V r y� _ 4 a _ �__��_•.. �=a,��G� -.resigned due to health reasons) rUA IM"URMATION OR STAFF ASSISTANCE: None LIST OF MATTERS PENDING:COMMISSION-COUNCIL'DISPOSITIW : Leased Housing'Program is toreport: to City Council the reasons why.leases and.subleases,areterminated in the program. SUMMARY OF DIS CUSSION:AND.FORMAL ACTIONS:TAKEN: 1. Chairman White called the meeting to order. Bosserman moved the minutes of April4,3,.be approved as written. Frimml seconded the motion, motion passed 4/0. 2. There was nopublic discussion. _ 3. Coordinator Report The present Leased.Housing,.Program (LHP)'is full but within the next three months several units are being withdrawn from the LHP. Of those withdrawing;,_there are three.3-bedroom units which cause concern for obtaining replacements.^ Landlords are not willing to lower. their" rental rates;` -therefore, the available units are not financiallyfeasible"to the program. Two months ago therewere several larger units offered to the program, but at that time there,wa§"no I'indication that.,the'-program would have any .openings for` larger unit - timing was,'•,a factor here. Sheets suggested .making an` appeal.to the Landlord 'As socia.tion, and Frimml suggested'placng an•.advertisement in.the newspaper. Seydel reported that he.has_spoken-with'thetlandlords and they were i -9C2 . `24;411 • more willing to take the risk of having a' -un it.set ;empty for three months with high rental rates,Ibeing`charged the remaining nine months to .tenants than they were of", -`lowering. their rents for the LHP's feasibility and having: their unit occupied a full year. Seydel has also had advertisements in the newspaper but has received little response to the :''effort. Seydel reported that information concerning the proposed Revised Section 23 Assistance_Program-has`been_.silent.There is no indication of -the release ofIL7,allocations or administration manuals in any housing-or`federal;publications'. However, the Federal Housing Administrat16h,in.D6s Moines has received Mayor Czarnecki's letter requesting -,funding for 120 units housing for the elderly as soon�'as allocations are released. Seydel received notification that the Governor's Conference on ay '15,1.974, atzthe Fort Des Moines Hotel, the Aging would beMay-'15,I and the meeting".is.opened;to the.publicD. Anyone interested in attending should' see..Seydel for`more.information concerning registration. 4. Old Business The sub -committee's draft of..their.."Housing for the Elderly" report was presented'. It was recommended that the newly appointed Commissioners be given,a copy. 11 of the draft and that discussion, 15, and acceptance of;the report•be held until the May meeting. 5. New. -Business,., White reported that the City, ;Council requested a report be compiled of the reasons -leases and subleases'in the LHP are terminated. -why Seydel responded that.the report would be ready by the next meeting. The May 1, 1974, meeting is:.cancelled due -to the new Commissioners not being appointed: until after the date of the May 1, meeting. 6. Frimml moved the meeting be adjourned. Bosserman seconded the motion, motion=�passed,4/0. r APPROVED : Fredine Branson, Chairperson APPLICATION FORAi FOR -'USE OF STRLCTS_. .FOR PARADES OR '.OTII1 R ? I:VIiNTS , Event Auction i Applicant'• Anticipated Att•adancs orSanisacion Johnson County fore Commit+a------- — Impeachment of Nixon (Not'. the Throw the Address �R,,,,; n,;t enn,r„it " to- =L "'h{— h=,�, haveldons 353-5784 (Office) no association.) No"•:address. Applicant's Agent Masa David Hickman Addr•aa, 726 Iowa Ave,Iow a C,tv D•scriptiori -of Rvgmt i Purposer,.Plea se .see attached.- Basical2 we are plan an aution with entertainment to :also I be: rovided� the ur ose of th ink entertainment is .to attractpeople to the°auction. Applicant's Lure ■ ; STATF w.ytk 7: APPItOVAL.. Police Requirement's s ■ ; STATF w.ytk APPItOVAL.. s ■ is. -he music igna stianaard .YA; system',(no rock and roll). s� L into twoyclasses; ' The proceeds from the to then impeachment committee." Other items Ller and the committee splitting the take i¢ for bidding ickets;-.which will go to 1: clerk have"volunteered-their services. ter and the clerk I do not know his name}' :ommunity Sale6:. f*YxR*3t=tfxks sxkR�caxnxxxxxxxxxxxxx xxxx to raise funds further the committee's impeach-.ent;of.President Nixon. t ;.; v 44,_ -+. 1 b t �i' ui � : r r � � -� ♦ •'� 'N is �' gh ?'* �r.1° Nk APPLICATION FORAi _FOR USE 0F_ STRLFTS as, an FOR. PARADES -0R O TIER P,U1,NT.S:<. t ps to U. Pm Locition Mall QAIa Vl;' + 4 Event $gke "50.2 p APpliciat'i Anticipated Attendance Prip6 (� Or=anization �Cj�hc{.Sh'� �gyCq� Q less }tom.,, G % 7 aAA 4 }iw.p 1_ I,-, . ----------------- Insurance Bond . AiAi'in'-''L AMO date, — 7 itG .yam � I,-, . ----------------- Insurance Bond l si�n�d21 date, — 7 itG .yam � F y l Mj F i K at .- i a Iowa Citham'be.r of HOME OF _ UNIYERSITY - Of IOWA May 8 1974 e Mr. Ray Wells, City Manager City of Iowa City Civic Center Iowa City, IA 52240 Dear Mr. Wells: On behalf of the Retail Committee of.the Iowa City Chamber of Commerce, I wouy:d lite to 'request that merchants be allowed to make use of public ;sidewalks -for their annual "Sidewalk Sale -- Crazy Day" celebration Thuisday,-July.18'0-1974. This is an annual city-wide promotion'n whch:.merchants'place. merchandise for sale on the sidewalks for -.'a one'diy period, (which ends up being around 7:30 a.m. to 10x.00 For thepastfew years many merchants. have found this to be their biggest day of:the year. I sincerely.,hope that all necessary arrangements may be made as soon as_possible so that the publicity can be sent out. I will look forward to your early response. Cordially, ly, &�, yu Bob Lyon Sidewalk Day Chairman ACCREDITED C"Aws, C► COMOCQ c..+..e• s• troy.. -n. I 1 yi.-s-S,k gr„ .i`ns%,y2r +�-�i'Y''a,,,,, ,,,' •- .i ORDINANCE NO.. 74-;-2723 i AN ORDINANCE DESIGNATING-THE=_RESPONSISILITY FOR TURF MAINTENANCE AND WEED CONTROL ON PRIVATE PROPERTY: AND STREET AND.'ALLEY RIGHT OF WAYS; ESTABLISHING A STANDARD OF MAINTENANCE; DEFINING CERTAIN NUISANCES INVOLVING UNTENDED AREAS AND P:_:;v1U- ING FOR THE ABATEMENT OF SUCH NUISANCES;'' REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to establish rc_;ponsibility Tor the care and maintenance of all areas where grasses and weeds are allowed to grow untended within the boundaries `of the City: of Iowa City, Iowa; to provide rules and regulations for the maintenance of such areas; to define nuisances and to provide for their abatement, in -order to provide for the safety, preserve the health, and welfare of the citizens of Iowa City. SECTION II. SHORT TITLE: This Ordinance shall.be known as and may be cited as the "Turf and Weed Ordinance!' of the City of Iowa City, Iowa. SECTION III. DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall".is mandatory',and not merely directory. - A_ CITY. The City of Iowa City. B. CITY MANAGER. '.Manager of the City of,Iowa City. C. TURF AND WEED:OFFICER. Person designated by the City Manager to enforce the Turf.and Weed Ordinance. D. PARKING. That part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line; on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that portion of the street usually traveled by vehiculartraffic. E. RIGHT OF WAY. The entire width of a platted street or alley in use or undeveloped. F. GROUND COVER. Plants withthegrowth and root capacity to cover and stabilize-an.area of soil and to prevent erosion. G. SOIL EROSION CONTROL. A method of planting and cultivation, or lack of same,' designed to retain soil and to prevent soil move- ment caused by natural or man-made causes. H. NATURAL OR CONSERVATION AREA. An area allowed to retain native plant material in a natural prairie state. r I. TURF_ Tended -area covered with cultivated grasses. J. WEED. A plant growing uncultivated and out of context with the surrounding plant life. K. NOXIOUS WEEDS: Primary and secondary classes of weeds as defined by the Code of Iowa.,Chapter 317.1 and all additions to this list as so declared by the Secretary of Agriculture, State of Iowa. L. UNMO`WED OR UNTENDED AREA. Area allowed to grow without care and supervision.- M. DEVELOPED LOT OR AREA. An inhabited or conmmercial lot. N. UNDEVELOPED LOT OR AREA. An unimproved lot or area allowed to lie idle. O. CHEMICAL CONTROL.- The application of a herbicide (weed killer) in strict accordance with the directions on the product and the regu- lations of the Code of Iowa, Chapter 206 (the Pesticide Act) and all additions thereto may be adopted. `Ordinance. No _ {7. l SEC4ION F. TURF:AND WEED OFFICI AL. A. Establishment. There is hereby established the position of Turf and Weed Official -as a part of the duties'of the Parks i Recreation Department in and for the City. The Turf and Weed'Official and/or assistant shall be a person.qualified by training for this position and shall be appointed by the City Manager. B. Authority, The Turf and Weed Official shall have the authority to inspect unmowed:.or untended lots and areas, to define nuisances, to notify violators and to file misdemeanor charges as necessary. SECTION V. INTERFERENCE WITH TURF AND WEED OFFICIAL. No person shall hinder, prevent, delay, or interfere with the Turf and Weedofficialor an a assistant while engaged in. carrying out the execution or enforcement ofothisd Ordinance; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any.remedy, legal or equitable, in any Court of competent jurisdiction for.:the protection of property rights by the owner of any property within the -City. SECTION VL NUISANCES All noxious -weeds, as defined by the Code of Iowa, shall be declared a nuisance and shall be destroyed by the owner, occupant, cr person in charge or possession of `:said lots. Destruction of said weeds may be accom- plished by mowing before the seed heads have formed or by chemical control before the seed heads have formed. All unmowed turf areas on any developed lot, parking_ adjacent thereto, alley, or area adjacent thereto,,including to the center -.line of the traveled portion of said alley shall be declared.a nuisance and shall be mowed by the owner, occupant, or person in charge or_possession.of said area. All unmoved turf areas on any undeveloped lot, parking adjacent thereto, alley,...or area adjacent thereto including to the center line of -the traveled portion of said alley shall be declared a nui- sance and shall be mowed by the owner or person in charge or possession of said area. An area is adjudged to be unmoved when it contains grasses or weeds of suet, a height as to harbor rodents, catch debris or become an annoyance or inconvenience to the general public. SECTION VII. NATURAL AREAS. Any lot or portion thereof or undeveloped street or alley right of way that is,.because of grade or incline, impossible to mow or is being maintained as a soil:erosion controlarea".or'any park or portion thereof that is maintained as a natural or conservation area need not be mowed and is not adjudged to be a nuisance. Any area that'is planted with ground cover plants of a size and texture compatible with.the environment, and maintained accordingly, need not be mowed and is not adjudged to be a nuisance. SECTION VIII. ENFORCEttENT. It shall be the duty of the Turf and Weed Official to inspect all areas of complaint -.and to notify the owner, occupant, or person in charge or possession of said area that a Nuisance Ordinance Violation exists. Said Notice shall be given by certified mail and shall allow seven (7) days after receipt of said Notice as a'period of time to eliminate said Nuisance. SECTION IX. .MISDEMEANOR. Any.ownerr occupant, or person in charge or possession of an area where a violation of the provisions of this Ordinance exists or who fails to comply with any- legal notice issued pursuant to the provisions of this Ordinance shall be guilty of a misdemeanor and "shall upon conviction thereof be subject to imprisonment not exceeding 'thirty '(30) days, or a fine not exceeding one hundred ($100) dollars for each day.the violation continues to exist. SECTION X. SAVINGS CLAUSE .'If any article, section or subsection of this Ordi- nance shall be adjudged invalid or unconstitutional, by a court of competent jurisdiction, such` adjudication shall not affect the validity of the ordinance as a whole or any article, section, subsection, or part not adjudged invalid or unconstitutional.- The Council hereby declared that it would have passed the remaining adjudicated article, section, or parts of this Ordinance if it had known that subsection thereof would be declared -unconstitutional. 't T"r -or,parts lor:-Ordinances in conflict with SECTION XI. REPEALER.�'-.-AII'Ordinahces the provisions of this Ordi,na . n.ce are hereby repealed. SECTION XII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication.as required by law. Itwas moved by Davidsen and seconded by deProsse that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt R Czarnecki Davidsen X deProsse X White ATTEST: CITY CLERK 1st Reading 5/14/74 -T.O. 2nd Reading 5/21/74 T.O.- 3rd .0.3rd Reading 5/28/74 T.O. Passed and approved this 28th day of May 1974 ORDINANcE 0 movement caused by natural or man-made causes. ~v h. Natural or conservation area'- An area allowed to retain native plant material in a,natural prairie state. i . Turf.-Tended:: area covered with cultivated grasses. 3• WeedA plant growing*:uncultivated and out of context with the surrounding plant., -life k. Noxious weeds = Primary and secondary classes of weeds as defined by the Code of Iowa 317.1 and all--'additions to this list as so declared by the Secretary of Agriculture, State of Iowa., 1. Unmowed oruntended area'-.Area allowed to grow without care and supervision. M. Developed lot or area -"An inhabited or commercial lot. n. Undeveloped lot or area - An unimproved lot or area allowed to lie idle r=. o. Chemical control The :application of a herbicide (weed killer) in strict accordance,Vith the directions on the product and the regulations:°:of the"Code of`Iowa', 206 (the-Pesticide Act) and all additions thereto that may ;be adopted. SECTION 3 PURPOSE The p1.urpose of this Ordinance is to establish responsibility for, the care and maintenance of, all areas where grasses and weeds are allowed to grow untended within the boundaries of the City of Iowa"City,,IoH!a; to provide rules and regulations for the maintenance of such areas;'to define nuisances and to provide .for their abatement, in order tor provide for -the safety, preserve the health, promote theprosperity, improve. -the order, comfort, and convenience of the City and the citizens'. SECTION 4 TURF AND`WEED-OFFICIAL. a. Establishment There i is"herebyestabllshed the position of Turf and >Weed:Official as a;part.of the duties of the Division in and for the.City The Turf and Weed Official and/or assistant shall be a person qualified by training for this position and shall b"e appointed by the City Manager.. b• Authorit The Turf and Weed Official shall have the ■ - ti g 3 ' Pae / e S3N iP> wei di5 yi NSR Or - authority to ,inspect'funmowed 'or uhtende*d.,lots and areas, to define however, that nothing herein shall be construed as an attempt to 1,3 i -.4-L. — •. nuisance and shall be -,mowed by the owner, occupant, or person in charge or, possession of said are All unmowed turf areas on any VCR M -M W, EM, V Page-- k, 4 In ,, and accordingly, need not,be mowedd is -not adjudged to be a nuisance. SECTION 8 ENFORCEMENT. -...-It shall -be::t-tthe-duty of the Turf and Weed Official to inspect ct -all P areas Of,1-tcomplaint and to notify the owner., occupant, or person=.in charizethat or Possession of said area a Nuisance Ordinance Violation exists.- "Said Notice shall be given by certified mai11:'a_hd: shall -,allow seven days after receipt of said, Notice as, :.a period.'-- of 4time to.eliffiinate said Nuisance. - 'Any o SECTION 9 -'MISDEMEANOR owner or person in charge occupant, or Possession of, an area whe- r 6 a violation of the Provisions of this Ordinance exists or who fails to _comply,with any legal notice issued pursuant.,to- I the p r - ovi sion , s of this Ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be subject to imprisonment.not.exc'e'eding"'I th , irtY.(30) days, or a fine not exceeding one hundred ($100)_', dollars'.. for each day the.violation continues to exist. SECTION 10 SAVINGS. CLAUSE. Should any section, clause or orovision of this Ordinancebedeclaredby,the Courts -to be invalid, the same shall not aff6ct. the ,Validityof the 'Ordinance as a whole or any Section, proVision.or., part, thereof not adjudged invalid or unconstitutional. SECTION 11 --REPEALER. All.Ordinances or.parts of Ordinances in conflict with,thepr6visions of - this Ordinance are hereby repealed. SECTION 12.. This Ordinance shall.: be in effect after its final passage approyal-andt publication as required, by law. It was moved'by Davidsen and seconded by deProsse that the. Ordinance as read be adopted, and upon roll call -there were : AYES: NAYS:, ABSENT - X Brandt: X Czarnecki X KXKM= -Dividsen e,. X deProsse X = White- t 1 - � k V f f �. �::� �4i '� r l.. �i• �'g f;s l� YV LS A � z 'RESOLUTION NO. 74-201 RESOLUTION ACCEPTING WORK AND AND SCHEDULE OF: ASSESSMENTS FOR UIME ING PREPARATION OF PLAT, TREE TRIMMING WORK WHEREAS, the Municipalit of contract with Breeden's Tree Ser of a City, Iowa, entered into struction,of.the trimming; of trees for the con - Municipality of Iowa City,:Iowa, and, within the nWHEREAS, said Contractor has fully completed the construc- accordance said -improvements i , known as: -the trimming of trees n awith the.terms7Iand conditions of said contract and plans and specifications ;as shown the Engineer filed with 'the as on y the certificate of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said report of the Engineer be and the same is hereby approved and adopted and said improvements are hereby approved and accepted as having been fully completed in accordance with Y pproved the said plans, specifications and contract, and the construc- tion cost is hereby determined to be $ 12,231.8p in said Engineer's report', as shown BE IT FURTHER RESO strutted to LVED, that the Engineer is hereby in - 'prepare a plat and, schedule showing the separate lots or parcels of Of said impzovementsr togetherewithct �theSnamesnoffthetoownerst thereof, so far as practicable and against 'any railwa sand he amount assessable, shall be and the whole amounteof theet lcostway lofasaidlly aimprov „encs shall be assessed-.against:the.benefited plat and schedule; when completed, shallpbepfiledsinwhichOsaid Of the Clerk. the ce - It was -moved by Brandt that the Resolution as rea and seconded by lVhitc there were: e a opte , and upon roll ca AYES: NAYS: ABSENT: Brandt Davidsen x. Czarnecki —� Mil*Oz$OA deProsse White PASSED AND "APPROVE»= +.u.&- ) ui 9 74 'W' Lnree purposes. 1. To express appreciation to the City: 'Staff .for the informational meeting they held last Thursday evening, May 23 on the 1974 Storm Sewer Assessment Program #1. 2. I rise to inform you -that although all affected property owners have not been contacted - that we already have a -petition representing over 80.4 of the proposed assessed evaluation signed by the affected property owners protesting the projected assessment on their property. 3. We were told that if property owners representing 75% of the proposed assessment objected, it would require a unanimous vote of the council to enact the asses®rhu�6t project. In light of the objection to the assessment plat as presented, we would hope that at least one council member would vote against the proposed assessments in the :Washington Park - Potomac Drive project and thus we are suggesting that.rather than.to continue work on the assessment plat that work on such be halted•at_this time. We are objecting to the assessment program and to the specific assessments placed on our properties. May 28, 1974 m 7;1 SL *4 ti„ T -i IT .s. teY -tt T -i IT _j" 7 �T :.'.�-'^sc `F t.`1: �b�3r ✓ ;� � rrr�5� '��: 9 :_ _ 3 .i• �� 1, c� �. <t l vi 3 - t r PI'oposed s��r«� Seer a S t r ss&d c v� ��..7ten►. IY.ri,.� �ddrets c ,ti► .yeu� 6 63 it; I V''-wn I V;31;,- I K c eo b s- 7-, a�4 J1..2 717RJ 5/r y a. �7- 3 �k rol- s/ -z P/7 �/ y E Y J - i 3 � fh f-• 1 , Wier 1 IweRas /off non a7 �- �no V-1 7/7y 0 s -Z7 --2Y I /Z »7( X=;;-�7171<1 -��d • L(�.G ��C2:,,c.Q�/' / 3/ /� %k�- C/'LiC.-Y7 h' 9. ?e 5*1,•n se war pM, s .0 'lteIi• LN. 1 IweRas /off non a7 �- �no V-1 7/7y 0 s -Z7 --2Y I /Z »7( X=;;-�7171<1 -��d • L(�.G ��C2:,,c.Q�/' / 3/ /� %k�- C/'LiC.-Y7 h' 9. ?e % _ a `•� v �i'.2*} `5.,. f fvi °'f'J�'t�` �w5 aJ;ci "'..` .F.: �a c �.1/e•.rd; r• e�►` ownar� Rffe�'f'rd iy (w• t:,�1%«'►, �w►X Pi ^"•' c S'd�►w, Sr.tr fir•/� rt � e,.: �s !. 7� /�/e FiY w a l �Y•'�?d't wt a M �f ': !���r S'�►••• to W t� yra f �a1' 4..( 7l�ii► ttttss� t v a�:?t`haN. lr��...c R.l•lrc ss tet. n: J r fyp 74 IIB Wast i ut?a--Lke- t2d h2> -2Q d rti , VUx}" 111 ,VO 4 s jr 2 ,1',er� sas,�s-�vav�c.�/ die%- aSSP�s� G/�sb��37�r• P�YK oto ✓v►sc._ Sf�r•�, %0e!' Pr�tcst se el 3&r.ti 7 ?AJ Ill<<r GSSrcSS�t,� tv�/✓tfto%r� //;I/�. /z% Be� CD6/-? 6� (e� I) A YZ'IN 1 Lo V�X-V>- i /D::? /;W- �.��.- D�-- . 1 4z c /3.7 CERTIFICATE OF LEVY OF SPECIAL ASSESS(UNTS TO BE MADE BY THE CLERK OF I067r1 CITY, IOL�A AND FILED WITH__THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWti STATE OF IO:vA COUNTY OF JOHNSON) SS I, Ahbi A st IZUa Clerk of the City of Iowa City, County of Johnson, State of Iowa, do hereby certify that at a meeting of the Council of Iowa City, Iowa, held on the 28th day of May, ; 1974 Council did levy special assessments for and onrthe accounatlof the cost of construction of -the 1973 Sidewalk Assessment Program, under contract with Wolf Construction, Inc. of Iowa City, Iowa, on..the following streets or portions thereof, in said Municipality, to -wit: Portland cement con crete,:sidewalks,•four inches thick, with necessary excavation ,.retaining walls, and right - of way acquisition where indicated.: The proposed' is to be four (4) feet wsidewalk ide and of four (4) inch deep concrete on the following streets and avenues: BENTON STREET- North side from Westgate Street to Emerald Street. BENTON STREET- South side from Estron Street East 406.1 feet tancluding the acquisition of right-of-way as shown by the plans)'. CHURCH STREET - South side from Dubuque 'Street to Linn Street. DARTMOUTH STREET - East side'from Court Street to existing EMERALD STREET - West side from.Benton Street north 236 feet an from Melrose Avenue south 190 feet. HIGHLAND AVENUE --North side from Kinn Street to West line Of Lot 9, Highland Park Addition (but said improvements -f'{ shall be constructed only in front Of properties as shown by the plat where permanent sidewalks are not presently in place). HIGHLAND AVENUE - South side from Linn Street East to the ?Test line of Plum, Grove Acres, Part 3 (but said improvements shall be constructed'`only:in front of.properties as shown by the plat where permanent sidewalks are not presently in Place). M }��, ' iJ'v �'� •rr Wlyirt 4 1 eEC"�i i�' ✓`lrD ' l^ t:` — 4. tX,f c ryfT f�"tv * r t h Yr s HOLLYWOOD BOULEVARD - South side from Keokuk Street to the westline of.Hollywood Manor, Part One: MORMON TREK BOULEVARD - West side from 402.2 feet South of tlelrose Avenue south 312 feet to the north line of Mark IV Apartments (including the acquisition of -right- of-way as shownby the plans). MORMON TREK BOULEVARD West side from Benton Street north 980 feet to Mark IV: Apartments (_including the acquisition of right -of -way -as shown by the plans). PRAIRIE DU CHIEN ROAD - Nest side from Caroline Avenue to Interstate 80(but said improvements shall be constructed only in front of properties as ,shown by the plat where permanent sidewalks are not presently in place) ROCHESTER AVENUE - North:side from existing walk on East side of Ra stop Creek -(_north branch) West 396 feet- and from 602.5 feet Eastof- said 'existing -walk to 656 feet Last. ROCHESTER AVENUE — South side 'from First Avenue to 558./ feet East. SYCAMORE STREET - West side from Hollywood Boulevard to Highway T6 By -Pass. SYCAMORE STREET`- West side from approximately 130 feet north of Derorest Avenue to Lower Muscatine. SYCAMORE STREET East side from Highway 96 By -Pass north approximately 675 feet to drive into Mall drive. SYCAMORE STREET.- East side from Lower •.Muscatine South to existing walk. VAN BUREN STREET - East side from College Street to 150 feet south. Portland cement_ concrete sidewalks, four inches`thi.ck, with necessary excavation, retaining walls, and rich,, -- j of -way acquisition where. indicated, The proposed side -walk is to be five (5)feet wide and of four (4) inch deep concrete on the: following streets:. -DODGE STREET - West side from College to Washington. JOHNSON STREET - East side from Washington to College. That the District benefited and. assessed. for the cost of said improvements is described as follows: All property in front of which the sidewalk improvements are to be constructed. - -fi- AHLERS. cooNEY. DORWEILER. ALL13EE R HAYWIC. LAWYF. Rs. DES Momr.,,. IowA 01 : ,. as shown on the schedule hereto attached. I further certify that the said assessments ari> pay��bli, at the times and in the installments and bearing .the rate- r�C interest as provided in Section 391h.30, Code of lcr.�, 197•s. i' i IN WITNESS WHEREOF, I have hereunto set xiy hancl an(? official seal on the _jC)_V[Iday of V l9 -i_1 —1t C3 s j _ _ CO City of Iowa C.�ily, :[a•aa (SEAiD) I hereby certify that on the day of 1974, there was filed with me as Coun y AuditorofU1 tz pn County, State of Iowa, an executed copy of the cer.tif:cntc of the City Clerk of Iowa City, Iowa, hereSnabave ScC relating to the levy, of special assessments, covering Cijt. recently completed sidewalk improvements in said 3-!unicilrality, and a copy of the final plat and schedule of assesrmionts, referred to in the resolution levying said assessmcrnt_u, heretofore adopted by the City Council. on t•tay 28 1974. – Count Pw itor ;SEAL) ! 7 •1 -12_ AHLt:Ft5. GOONEY. DORWEILF.n.' ALL13EE r, HAYNfE. LAYJYERS. U*:•; j.Ir}j N, g IOWA - N' r t as shown on the schedule hereto attached. I further certify that the said assessments ari> pay��bli, at the times and in the installments and bearing .the rate- r�C interest as provided in Section 391h.30, Code of lcr.�, 197•s. i' i IN WITNESS WHEREOF, I have hereunto set xiy hancl an(? official seal on the _jC)_V[Iday of V l9 -i_1 —1t C3 s j _ _ CO City of Iowa C.�ily, :[a•aa (SEAiD) I hereby certify that on the day of 1974, there was filed with me as Coun y AuditorofU1 tz pn County, State of Iowa, an executed copy of the cer.tif:cntc of the City Clerk of Iowa City, Iowa, hereSnabave ScC relating to the levy, of special assessments, covering Cijt. recently completed sidewalk improvements in said 3-!unicilrality, and a copy of the final plat and schedule of assesrmionts, referred to in the resolution levying said assessmcrnt_u, heretofore adopted by the City Council. on t•tay 28 1974. – Count Pw itor ;SEAL) ! 7 •1 -12_ AHLt:Ft5. GOONEY. DORWEILF.n.' ALL13EE r, HAYNfE. LAYJYERS. U*:•; j.Ir}j N, g IOWA I �4 _1 IV 4 1973 S1dewral ki k-Impr o' rami .Pro Y. Iowa, Cit y•Io a� w ay:28,2 1974 'The Council f ow a, I M h the Y rl-,...Lowa v et,..o r above date in regular pursuant to law and the Jz co I I rules.'of said Council'. and -with terms ...."in.accordance -the of a - '17 notice of meeting, f which ,,_,a.,copy.-o--was., served.- on each member of the Council wi hi.n,,the' ime,-- required, by. law. and accepted in writing: byeach_;member _-..,.thereo f said-,: �o n tice of meeting being..'as follows, 2.1 ::-'NOTICE:-; 1_Iowa:� C Iowa, -- 1974 - TO: , C2�drnd cki"Dayidse Brandt ep d rosse,�`White Counckl?�Me=ers; Iowa C3-tyf,;-I6wa-' h You are. ereb �_notifled'thc t' �of the Council y it..a.mee ing of -I- - City, vj h y j owa will'�;�be-;h6ld`on..:_t e _J -28th day of May 19 7 4 a the Civic in - Iowa:� City- i":, Iowa,, at , -7:30 o'clockf urpose 6 J, -S or -'the --p f"-donsi'dering the adoption _c- of �-a Resoluta 61 A c - 6 �p t i n g'� -, W o r k, a n d * 0 ing-Preparation of Plat and SchiidulO-"-of- :-Assessmerits:�Liid,-,�t6r:,�uch other business in connection. therewith as -,may c6md-�befox`e the -meeting. Respectfully submitted, submitted, .�-S/Edgar-Czarnecki M ayor,,1 Ser Service ---of'the-foregoing-notice is acknowledged. �,hereby _SL C T. and Rrlcrn-rl�i-iazInpr-kj ro S/ Carol rart�i:Crii�p c;e T�4 PA-i--ric-1k Wh i t -e AHLERS.-COON EY DoRWEILM.'ALUBEE & HAYNIE.-LAwYERS. DES Molmrs. IOWA % 4i' 7- 3V W RT 44% -k qz - .......... . . . . . . . . . . . �A Ti: T 7, --NO'.` 7.4 2 0'3 RESOLUTION �14:,RESOLUTION,-,iADOPTII. D N�G. FINAL -SCHEDULE- NG _OF.�'�ASSESSMENTS,;,,',, AN6,'�k6vir), -.,.FO -THEoLPki�IhNt.. tHtREOF� R, IT. 6' 6UNCI RESOL THE. -CITY. -TC OF IOWA:� CITY -IOWA:,1'--' T;, c o fi6i er- _h That _:af ter�-Tf ull' A atfo_n'-,'_o_f '"t e'_ schedule of assessments an d'a'ccPmp4Py1ng�,zplat i s4pw1pg,-,.thp- -.,ass, essments,proposed to.�be ewalk"Assessment . made f 6r ::the�, con qtruction-,,'� of,.".._,"t City, -'.Iowa, under 'Program' wit -C, contract -Constructi ity, Iowa, el� hlch:, plat bih W d ''hed ..okfice of th ulez;vds,�,� f ildd`�. 1,�thb_ e Clerk an -a ter 4 ay��o May- d f 8th*��4.r 2 d f; tionmeht of the full1l�'t--C!onsiderat3*.,6n-;-,-,''*-- _appralsemen -f --fe" ed�u special,,t bene lts--�,�con rrqd�,u ties s own in said a i ofT+'the"��`dl scl�edule,.And- act ��f inds�7-..-thattt;:,the �"s`aidt-pro -per. y.�d:s-,k� -the ene itdd by, e nj t s, 'i"r, i',-:-the,.,amoun d _s6h�edule;-and %special amounts�az6 in�',-,proportidfi- to -the enef J.- -.,,.*ts 'con erre ties.'z�b:�,`--�said z improvements, proper. and are n6iT-�Ifi z"' 'k"p;6's i -,i.of its,��..a fid. are.- not- , in, exce s s t -e `actual,�t-Value p -art's �of�.Jbts and of h -in ai&.-�-schedu el parce s,-. of T`J: 9how" _s t at`_�.th&..s�A_id'_sc'h .,�BE IT -F URTHER edulb of asses sments'�,,I.and,'aq he ��i"d._-Aihe same are.. fi&'_�'a"d 6 --,an IS - Tr & .ax�,agalnst and arcels of o a _uppn-�each-' 0 s,.�p 'land, p__ owndr.. pr,.�:b and',the' �""I�fi�ireo�f,,�.-l�iab'lii�,':,E67�'Assessment for -cos —sai 4,*,improvements'��-and-�'the�ir"'ea �,estate and the t f 'd persona :-p.ro,pe of -'the�",,-.railway,�'.,compa'nti-es'�.�,-T,�hode' properties and tr'a:cks�'7�are 11_1!1Wit1i±"k,_t_--t improvements'L'�,-des 8rib6d:, ",shown 'd zumsexpre'ss'ed!. in -figures s6he' u e,,,, 'set 'oppos1te;-,t6;,�ea--c -.:-o --%thd-r�s f -cost of 4me,,.,qn�...accp nt','o fthd 'the;-, 6aidz,_-improv6md .,the c nstriiqtion;Zbf -a d: �s',6f iland-are assessments,. against'�;.*sai& lotsz, n ij�arcbl` ,.tol�tne-, special -'deqlalred-.-�-�:t�o�'--.be�-,:in:-.prop t-ij hereby' � .1, - 11 . " � 1. , T d - 'i " ' "' * d _"d enefits,:con.-ferre r�,�upon.;-_-sai 1�-,.pizoper.ty:-,�,�,b ).sai improvements -..n-'t',* i�-.excesst-_.`of:�25�%�of- an not- in� excess, thdr6bf-'� �Tan o Az 11 the Va:lue--- of,', the'-;�same.� BE IT ..:FURTHEW�,RESOLVED ;'�,--that,i,� s e'nts of 4i&,,:,asses m --annual. 0 0., :or. m �2.5 inst�i '�the r lmdi�it.s.'.-and.*"�'ishdi,�l-,�lbdair.,,,slnterdst.-.at�-., at�e of�7% the,, date.of'the f rom, �:R� zInnum. a-cceptanc �6.-:6f. �,the, dmpz�ovemenTs e, f- if,it be ach assessment�;`��%**or;.-tota t�!amount'...th' reo I A" -p" 'with assessment Council, shall f rom a t e'T, _b r -;i a c c.ep ej�wor y become,"�-dup,,'-`ani -�=p ible.�pn!..January,,,, j_,1975- the -,:'succeeding annual _4ya Im"" h'- whole-�':uh_p -aid nstal ents', it 7-intereE ecome. �am:oujnt,: shal,1 xesp�,!�cti'v'�ely�, b ue'._�ofi-�,Januar -lst 'y� -y- s ly n s TV� -LAWYERS, DES MOINES. IOWA. OONEY� 90ftWEILI�R.'ALLSE9.0 HAYNIE. Rn ffic-42 t % t r- AOE 51 1 � e tTY whose property > Q ! d hiotice' "said 4 ',,the';first i ided and- ;directed Z. .19 7 3 � F — i M „ May; , i�+Fv — , annually .there:a'. T and in 'tne i°same; or ordinary;.: taxi t At,the .office 'o Iowa, ;;and the s, inerest t = -within 10 i� certification -'o 1 to the ` County :A t YZ > BE IT:'FURT. she is'- hereby Td theCounty -_:Audi: notice- of said consecutive:`;iaee ,t. newspaper;print Y� and of- general: / publication'-. of days :from ;the d the ;County Audi: 4 certified maIl6; -fl is subject .to '_a mailing to 'be o fm rr publlcatidh� of by Code Section 1 Pas sed;. grid T 1974 .1 s ATTEST: i_- i -Clerk -"..z Y v i , r _ x t Y: + ._, — v < AHL6R9. COO; TIT..yy ear 1 � e T' 6 yJ �j�✓C� •� l the` same time e -an t and., -schedule to and to publish be`- payable ohnson County, 11 and;without ,.of.` the assessments owa. A Citizen_ a nguage, published owar'the first .n :'f chedule` with so > send by, YtY whose property d hiotice' "said ',,the';first i ided and- ;directed .19 7 3 � F — i M „ May; , i�+Fv — , � y T 3 � t 1 10 i� � 1 a t YZ � r t Tj r I4 is J ,t. f i Y� ; / w Y[R�6..OE8 MOIN[9 IOWA 4 T. 4 I`. 5 -fl f o- T' 6 yJ �j�✓C� •� l the` same time e -an t and., -schedule to and to publish be`- payable ohnson County, 11 and;without ,.of.` the assessments owa. A Citizen_ a nguage, published owar'the first .n :'f chedule` with so > send by, whose property d hiotice' "said ',,the';first i ided and- ;directed .19 7 3 � F — May; , i�+Fv iF�1' T f ' I� t 1 10 i� 1 a t YZ � r t Tj r I4 is J ,t. f i Y� ; w Y[R�6..OE8 MOIN[9 IOWA 4 T. 4 I`. 5 -fl f o- fm rr tY ✓ c.IT -TT .ter ......,. _.-. -. T' 6 yJ �j�✓C� •� l the` same time e -an t and., -schedule to and to publish be`- payable ohnson County, 11 and;without ,.of.` the assessments owa. A Citizen_ a nguage, published owar'the first .n :'f chedule` with so > send by, whose property d hiotice' "said ',,the';first ided and- ;directed .19 7 3 May; , ,1 t 10 i� f r � r t I4 is J ,t. x Y� �P Y[R�6..OE8 MOIN[9 IOWA DATE: May 22, 1974 TO: Ray S. Wells, City Manager, FROM: George -R. Bonnett, Acting Director of Public Works RE: proposed Water Connection Fees for 1974 On May 4,,- 1971, the City Counciladopted by resolution 71-163 a water connection fee schedule. On December 5, 1967, the City Council adopted by resolution No: 674 a policy for extending water:service_to'customers within the City of Iowa City which contained a_ provision that these fees would be reviewed annually and a iecommendation would be submitted to Council as.to whether or not;a'change`should be made. At the; present time the City is operating under a fee schedule established by the City Council on May 4, 1971, by resolution 71-163. Since that time -we have experienced increases in salaries, pipe,•fittin%.s and hydrants; all of which combine to give us an increase of approximately 20% over the present charge for installation of water main. In preparing an increase in fees to recommend for your consideration both Superintendent of Water Cleo Kron and myself feel that itis.necessary to establish fees for the following size connections: - MAIN SIZE PRESENT PROPOSED 6 -inch` $ 4.35 $ 5.20 8 -inch 5.75 7.00 10 -inch 7.40 9.15 12 -inch 9`.20 11.05 16 -inch 12.30 14.75 I have shown below the factors.which Mr. Kron and myself considered in arriving at the estimated.cost of water main construction for'the various size mains. This tabulation is as follows: SIZE MAIN 6" 8" 10" 12" 16" Pipe $2.40 $3.53 $4.77 $5.80 $8.71 L14 4-4-4 tzt 2.32 3.19 1.56 t 4� .50 - 1 $11.05 DATE: May 22, 1974 TO: Ray S. Wells, City Manager, FROM: George -R. Bonnett, Acting Director of Public Works RE: proposed Water Connection Fees for 1974 On May 4,,- 1971, the City Counciladopted by resolution 71-163 a water connection fee schedule. On December 5, 1967, the City Council adopted by resolution No: 674 a policy for extending water:service_to'customers within the City of Iowa City which contained a_ provision that these fees would be reviewed annually and a iecommendation would be submitted to Council as.to whether or not;a'change`should be made. At the; present time the City is operating under a fee schedule established by the City Council on May 4, 1971, by resolution 71-163. Since that time -we have experienced increases in salaries, pipe,•fittin%.s and hydrants; all of which combine to give us an increase of approximately 20% over the present charge for installation of water main. In preparing an increase in fees to recommend for your consideration both Superintendent of Water Cleo Kron and myself feel that itis.necessary to establish fees for the following size connections: - MAIN SIZE PRESENT PROPOSED 6 -inch` $ 4.35 $ 5.20 8 -inch 5.75 7.00 10 -inch 7.40 9.15 12 -inch 9`.20 11.05 16 -inch 12.30 14.75 I have shown below the factors.which Mr. Kron and myself considered in arriving at the estimated.cost of water main construction for'the various size mains. This tabulation is as follows: SIZE MAIN 6" 8" 10" 12" 16" Pipe $2.40 $3.53 $4.77 $5.80 $8.71 L14 4-4-4 tzt 2.32 3.19 1.56 t 4� .50 - ►.VM $11.05 DATE: May 22, 1974 TO: Ray S. Wells, City Manager, FROM: George -R. Bonnett, Acting Director of Public Works RE: proposed Water Connection Fees for 1974 On May 4,,- 1971, the City Counciladopted by resolution 71-163 a water connection fee schedule. On December 5, 1967, the City Council adopted by resolution No: 674 a policy for extending water:service_to'customers within the City of Iowa City which contained a_ provision that these fees would be reviewed annually and a iecommendation would be submitted to Council as.to whether or not;a'change`should be made. At the; present time the City is operating under a fee schedule established by the City Council on May 4, 1971, by resolution 71-163. Since that time -we have experienced increases in salaries, pipe,•fittin%.s and hydrants; all of which combine to give us an increase of approximately 20% over the present charge for installation of water main. In preparing an increase in fees to recommend for your consideration both Superintendent of Water Cleo Kron and myself feel that itis.necessary to establish fees for the following size connections: - MAIN SIZE PRESENT PROPOSED 6 -inch` $ 4.35 $ 5.20 8 -inch 5.75 7.00 10 -inch 7.40 9.15 12 -inch 9`.20 11.05 16 -inch 12.30 14.75 I have shown below the factors.which Mr. Kron and myself considered in arriving at the estimated.cost of water main construction for'the various size mains. This tabulation is as follows: SIZE MAIN 6" 8" 10" 12" 16" Pipe $2.40 $3.53 $4.77 $5.80 $8.71 L14 4-4-4 tzt 2.32 3.19 1.56 1.56 .50 .50 $9.15 $11.05 3.75 1.74 .55 $14.7$ \' 4 fns ii '.'ll ,•ate �zaµ 1 L 4i"Y .i 13}j.'`y —2- If 2 If the revised connection fees are adopted by the City Council I would '°suggest that we wait until July 1, 1974, before 'placing the new schedule -in effect. This will allow us time in which' to contact any.peopleI'that presently are considering;water main extension agreements. I would suggest that any agreementssigned prior to July 1, 1974, should be installed at the old fee schedule. I trust that these proposed water connection fees will meet with your approval.:.`Should you desire to discuss this matter in further detail please don't hesitate to contact me. Notice is ierCuy;given that the City of Iowa.-Cit`y proposes to rezone fro: 21B to R2 zone , the following described �prope`zEy 'to -wit: A 11 of Lots 9 and 10 and the west 10 feet of Lot 11, in Block 4G, in East Iowa City; Johnson County,`Iowa, Of to the recorded plat thereof, and the east_ 1.0 feet of the, North-South"Alley lying adjacent to the west line of Lot 9, in Blocic,46, in East Iowa City, Johnson County, Iowa. (north of,H Street, south & east of Ralston Creek) as requested by Robert '& Erma Wolf Notice is furthergiven that pursuant to Section 414.4 of the of Iowa, a hearing by the_City Council of Iowa City, Iowa, on the "Did Cade rezoning will be held at the Council Chambers .in the City Hall he Iowa Cioposed Iowa, at 7: 3_ p_ p,I ion Play' 28 74 objections to said proposed action. ma ,�19 and any pereon having hearing. y ppear.and.file objections at paid Dated at Iowa City, Iowa this _ 11th day of May 19 74 t ' .i City, Clerl- ........................... Publish once May 11 19 74 ANTI TT -Tr e-mv rfltr�xr.r. SE TO: THE PILANNI: ANTI TT -Tr e-mv rfltr�xr.r. 'AMENDMENT .TO APPLICATION FOR REZONING t f - L) MAR 1 51974 APPLICATIONFOR REZONING A B B I E S T O L F U S CITY CLERK 7-7 cv TO: ,THE PLANNING AND. ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF:IOWA CITY, IOWA:' Robert H. Wolf and Erma J. Wolf make application for a change in the zoning classification of the following described real estate situated in Iowa City, Johnson County, Iowa: All of Lots 3,-'4,'9, and l0 And the`West 10 feet of Lot 11, in Block 46, in.East Iowa City, Johnson.County, Iowa, ac- cording to the recorded; plat, thereof; .lying South of that branch of 'Ralston Creek which -run's through said Lot 46; also commencing at the Northwest corner of said Lot 9, thence North`'20 feet,'`East--170 feet, South 20 feet, West 170 feet to; the, place of beginning,; being the portion of the vacated East-West alley lying North <of'Lots 9 and 10 and the East l0 feet of Lot ll, also all that'part of the vacated North-South.alley lying South of Ralston Creek in said Block -46 between Lots.7 and 8, on. the West and Lots 4, 9, and the vacated,East-.West; alley: on`the East, except for the following tract.,-* 7.'commencing at'the southeast corner of ;Lot 8 in- Block 46,, -in -East Iowa City, thence North 170 feet; thence east 10 feet, south `170 feet; west 10 feet to the place of beginning, from RIB Zone to R2 Zone, under the; Zoning Ordinance of the City of Iowa City, Iowa, and in support thereof state as follows: 1. That the applicants are the owners of the above described real estate by virtue of Warranty Deed dated June -14 , 1973 and recorded June 15, 1973, in Book 397,` page'326. 2. That it is the desire and intent of the applicants to construct three du- plexes as shown on the proposed °Property and Topographic Survey" prepared by Hawkeye Engineering Company, Inc. and attached hereto as Exhibit "A" and by this reference made a part hereof . 3. That it is economically infeasible to,use the property involved herein for RIB zoning purposes because :-the Ralston -Creek flood plain encroaches over _ e z h;i ,,: ,- I0ma a place to grow Mr. Robert Wolf. 2107 Friendship Street Iowa City, Iowa. 52240 W.s�C�ouncil LESLIE C. KLINK, Choirmon PERRY CHRISTENSFN Elkader .Kent Kent Mfg -,YIN O. OOVGAL HUGH TEMPLETON, Vitt{hairmon LEIGH CURRAN w..• Knoxville .. Mos r% City t LE F Ifirf MRS. MABEL MILLER, Secretary - J t ri Keosauqua - I OTNIC N. IACMURRY, Di; c*ew: R. G. BULLARO, Aate Cererya:a�,.ms�pr Re: Proposed residential development on the Ralston Creek flood plain . Dear Mr. Wolf- Your request for Iowa Natural Resources Council approval of your project located on the .Ralston. Creek flood plain in the SE 1/4 of Section 14, T79N, R6W, JohnsonCounty, Iowa, has leen received. It is our understanding that your proposed project consists of the placement of fill and the construction of three residential buildings on Lots 9 and 10 and portions of Lots'3 and 4,' Block 46, East Iowa City, Iowa.* It is also understood that the ground elevation around the buildings will be filled to approximately elevation 684, 0 ft., msl. , the basement windows willhave a minimum elevation of 684, 7 ft„ msl, and the main floors of the buildings will have an elevation of 687. 7 ft, , msl. Further, it appears that adequate flood protection has been pro- vided since the 'minimum.protection level for this location on Ralston Creek is 684, 0 ft,, msl. Although this location is in the flood plain of Ralston Creek and is subject to various degrees -of flooding, it is not. Mi an area designated as necessary to convey flood flows. Due to the above considerations, the project as proposed is considered to be minor in scope and to -have. no appreciable effect on the floodway. Subject to the conditions listed below, the administrative limits are hereby waived and formal Council approval for your project will not be required, 1) the applicant shall be responsible for proper maintenance; COUNCIL MEMBERS: LESLIE C. KLINK, Choirmon PERRY CHRISTENSFN Elkader .Kent Kent Mfg -,YIN O. OOVGAL HUGH TEMPLETON, Vitt{hairmon LEIGH CURRAN w..• Knoxville .. Mos r% City t LE F Ifirf MRS. MABEL MILLER, Secretary - AMRVIN.A.OALCHOVt Keosauqua - J. JtaTIN Magvokelo _ _ Ep:r!t tsSw 9< -;+ - li ..Ji i�: �'i t�-R �`K�.sv �i »rr'C•tT, i i t _ • Mr. Robert Woli 9 Page, 2, r .:52 2) no legal or financial responsibility arising from the con- struction or; maintenance. of the above works shall attach to the State of Iowa or the Iowa Natural Resources council due to this administrative waiver; 3) the applicant shall be responsible for obtaining such other governmental licenses, permits or approvals and such Ixids, easements and rights-of-way as are required for the con- struction, operation, and maintenance of the a i approve works, If you should have any questions concerning the action taken, please con- tact us. Very truly yours, 0L 11i6e R. McMurr' y� Director �J ORM/djw/ay cc: Mr. Ralph Speer � n( NOTICE OF PUBLIC ;HEARING NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION OF AMENDMENTS. TO:THE SIGN REGULATIONS OF THE ZONING CODE OF IOWA CITY, IOWA: ;SAID AMENDMENT WILL REGULATE SIGNS IN THE OFFICE RESEARCH.PARK`ZONE. Notice is h held by the dty ay-' given that a -Public hearing will be on the 28th ay'ay-' Council of Iowa City, Iowa at 7:30 P.M. of-May,:.1974, in the :Council Chambers in the Civic Center, IIowa City,. Iowa. At which hearing the Council will consider arguments for and against the pro- posed adoption -of amendments ,to the Zoning Code with re- gard to regulating signs in the Office Research Park Zone. Copies of the proposed Ordinance Amendment are on file for public examination in the`office of the City Clerk, Civic Center, Iow._ City, Iowa. This notice is given .pursuant to Section 414.4 Code Of Iowa, 1973. Dated at Iowa City this��. day of1974 ie to us, ty er uded ni pping i 1: data,-, ,.,app.,l- er, public by Natural of t e ounci lme en j oiried ay-, off Parking i ": r