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1974-11-05 Regular Meeting
R 0 L L C A L L Regular FETING OF November 5, 1974 BRANDT CZARNECKI DAVIDSEN dePRDSSE WHITE 7:30 P.M. PRESENT ABSENT • IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF NOVEMBER 5, 1974 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST XASHnnTON 01 rl i 4 :f Item No Item No Item No Item No. Item No. Item No. AGENDA REGULAR COUNCIL MEETING NOVEMBER 5, 1974 7:30 P.M. 1 - Meeting to Order Roll Call 2 - Reading of minutes of regular City Council Meetings of October 22, and October 25, 1974. 3 - Mayor's Proclamations. a. Youth Appreciation Week -- November 11-17, 1974. b. World Plan Week -- November 10-16, 1974. 4 - Public Discussion. 5 - Receive minutes of Boards and Commissions. a. Library Board minutes of September 19, 1974 meeting. b. Board of Adjustment minutes of October 30, 1974 meeting. C. Human Relations Commission minutes of October 21, 1974 meeting. d. Planning and Zoning Commission minutes of October 24, 1974 meeting. 6 - Consider recommendation by Planning and Zoning Commission to not rezone a tract of land owned by Amerex Corporation. Z-7414. Item No. 7 - Consider setting a public hearing for November 26, 1974, on a proposed ordinance to amend the high rise provisions of the Zoning Code. Z-7417. Item No. 8 - Consider setting a public hearing for November 25, 1974, to rezone certain parcels in the R-14 Urban Renewal area to a CBS Zone. Z-7314. Item No. 9 - Consider a recommendation from the Planning and Zoning Commission not to consider a delay in the rezoning and annexation request of Gordon Russell. Z-7418, A-7401. Item No. 10 - Consider recommendation by the Planning and Zoning Commission to rezone a tract of land owned by Alvin Streb to an M1 Zone. Z-7419. Item No. 11 - Consider recommendation by the Planning and Zoning Commission to approve the preliminary and final plat of Valley View of River Heights, First Addition subject to certain provisions. 5-7415. Item No. 12 - Adjourned public hearing on the disposition of vacated property. Item No. 13 - Appointment to the Human Relations Commission. Public Agenda Page 2 November 5, 1974 Item No. 14 - Business from the City Council. Item No. 15 - Report on items from the City Manager and the City Attorney. Item No. 16 - Consider ordinance to vacate a portion of South Capitol Street between Burlington and Court Streets. V-7406. (Second Reading) Item No. 17 - Consider ordinance establishing a speed limit on First Avenue between the Rock Island Railroad tracks and Highway #6 By-pass. (Third Reading) Item No. 18 - Consider ordinance to rezone "old" Elks Country Club. Z-7415. (Second Reading) Item No. 19 - Consider resolution approving a sanitary landfill agreement with the Iowa State Highway Commission. Item No. 20 - Consider resolution establishing stop signs at the intersection of College and Dodge Streets. Item No. 21 - Consider resolution establishing stop signs at the intersection of First Avenue and Lower Muscatine. Item No. 22 - Consider resolution prohibiting parking on the West side of Teeters Court in a local area to facilitate the handicapped. Item No. 23 - Consider resolution approving contract and bond for the S. A. S. Equipment Company for the R-14 Demolition and Site Clearance Contract No. 4. Item No. 24 - Consider resolution accepting the work on the Water Treatment Plant Improvements - Contract No. 2 - Electrical and Plant Controls. Item No. 25 -- Consider resolution accepting sanitary sewer improvements in Bryn Mawr, Parts.V, VI, and VII. Item No. 26 - Consider resolution accepting street improvements in Bryn Mawr Addition, Parts V, VI, and VII. Item No. 27 - Consider motion to adopt 1975 Operating Budget Extension. Item No. 28 - Correspondence to the City Council. a. Petition from residents of Kirkwood Avenue regarding any widening of Kirkwood Avenue. b. Letters from R. M. Hetherington, Iowa -Illinois Gas & Electric Co. regarding revisions to gas and electric rate schedules. C. Letter from Guy J. Birch, Area Director, HUD, regarding Workable Program policy. Item No. 28 - (cont'd) d. Letter from Bob Josten, Director, League of Iowa Municipalities, regarding the League Annual Conference. e. Letter from Ray Mossman, University of Iowa, regarding vacation of an alley in Block 86 of the City of Iowa City. f. Letter from Joseph Kiegel, 506 S. Governor, regarding the pro- posed increase in bus fares. Item No. 29 - Issuance of permits. a. Consider resolution approving Class C Beer Permit application for Green Cross,'501 E. Washington. b. Consider resolution issuing Cigarette Permit for Mike's River- side Texaco, 50 S. Riverside Dr. Item No. 30 - Public Discussion. Item No. 31 - Adjournment. 'Ch 5th. day. at ;-the`i Pri Abscnt that KX broadcas and ,:Ln ti I t` - the mim minutes'. approve. - Ma) as :Yout Week. the west j e orCzarnecki proclaim Appreciation Week a"n ert Rcno, 625 Burl onal:Meditation Soci rams for World P;lansW orncy,'Al Lcff `appeari rce ,conce`ngrni>the-'$1 theOrdinance concern T,!, te'n -years fiom' date violation.' It `was im at the: fetter ,'from= -Ma _'and"filed:: Motion .c Hayek_ noted' -that he n` the :conce:rns -ex res .. ,.,.E _._ . W e'i s h R C0U14 G IL °i4EE>TI14G. ' 5, 1974 ; 1 met in. Regular•Session on. the 30'`P M in ;tlle Council Chambers kiDavictsen, deProsse, White. i presiding: -;The.; Mayor noted ;meeting; :portions to be retaonLo;f, the` radio station C ,ty ;or the' Council. ind^seconded,by Brandt that titute a full 'reading of the totter V:;.and that Council pion. Mo,tion-.carried.._ i the week November 11 -17th . November 10-T6 h`as Word Plan /93� r igto,nPresident of the Student y explained their seminars k and invited everyone to attend: fo"r the Board for the Chamber OrdinaricP requested.an Amend- addition.,of .;an amortization f the ordinance regarding all �ed;by de'Prosse' and seconded by >Harawi:,Q..for- the Chamber be reed After :discussiori, City Auld=have at,a later date, "a d and he'presented an Ordinance -This 'ordinance would in- yZoning :Code; '.,Chapter". 8.10. ce be added >to° next week's 4and seconde'd;:by Davidsen that A the letter'"from;William eferred'.bo Planning and Zoning f. h d�Road, appeared requesting o of Lots 3 and; 4; and B` -lock 4'3 for`:$113,400.00 : f ubject filderly 'hq'arinE Davidsc 7 the - d iE o n- Page 3 Kt Y F a F CoMinutes uncil "" `x '' November- 51974 t r 4 The`Planiine_"a``nd•-ZOn1nQ.'Commission..recommended. approval of `the nrcliminary''-'and"�-�final plats for -Valley View of River Heitthts,::first Addition,, subJect ,to cer.tainprovissions. /9 The er'_s ataorne re: nested tfiat"this item be<deferred -develop y a, ,. , one week: It ;:was moved.>-bytB randt`and.seconded;by-White that the item: be deferred one;wee,k.` Motion carried: The Mayor; announce2,4 ,tit this'was -.the time set for adiourned _<. public: hear.inQ, =and-_Richard Wollmers'auser gave a report on =the'ore-vi'ous,=act"ion`.4tak'en,'coiice"rnin¢ ?:the :"disposition'sof the west half of, the aLle near the inters"ection 'of` Lafayette = Street4an Mai' en Land.- T e resolution for :disposition to :.: Sheridan;-will be on`,,next: week°'s agenda:. Mr' Sheridan appeared. The Mayor then declared `the }fearing closed.. _ May Cza"rnecki announced the appointment of Barbara Woodward. 627 Orchard Street,-to the unexpired, termonthe - Iluman Re'lation`s Cominissron, It wa-s moved by: Brandt .and seconded by Davidsen-p ,approve th-e appointment. Motion carried, TheMayor noted that at,_the informal meeting, Council had_;d�ScusSed_the need" o reTocate,.the`'bus-depot'so that demolition could roceed and had decided"to Mr. Spelman, .:give notice to vacate y Decem er 1,.1974 It was move by Brandt and sec"onded by Da.vids&n that the`Staff-inform::Mr. Spelman_ of:the Council's decision Motion carriedvoting 'no'. ,:White Other action taken,'as a result of'the informal. discussion_ '. was as follows'' s It wastmoved by`Brandt a'nd seconded by'`,deProsse that the letters from the:Ralston�Creek Action ;.Group.and from `Della Grizel':conce rnin Raps-ton=.Creek be: received-and filed and copies. �o ,' referred -to the Cr_ty Man-ager. Motion :carried. It was moved byr deProsse' andraeconded 'by Davidsen to , direct the Staff `to:, contact the' Armyy Corp, of Engineers relative' to a Section 205 study°for frscalyear'1976 Motion carried, Brandt wotin¢ `'.no' S It was �mo`ved byl Wh `.te' and'seconded by deProsse that the Manu er and :C .t Ataorne t'ake;. initial =';Ste s to implement..` y• - e>c eanin¢ o a ston ree -as= eta iled in the staff report ted October :3lst. Mot-ion carried. It was moved by�Whi,.te'arid seconded by deProsse that the Mayor, 'City `Mana¢er'Yand`=Finance Drec'to be requested'to submit; collect'iwe narrative>comments4tthe .: $1iaraerlyrfinancial= red: Moti'o"n carriedr: 'F rti,JE! t b R>~ 'i s v ,.e,•• `- o. .-.. e 1 .i- ..-Y.! t g ƒ)nc e n a� � q§§§� } t n $e e sons 6§ri e e C§u CIL;-Iia s had n ? Qo m ¥e x elm§ est 1 ven-Fem ei-comm{{} /f/\nmen \t onfo workeƒns twas:the e&§bens§»\^ v y \off hechairperson of \y wo ld contact the i¢e 'f ?b »given to 2t e .. J : f ƒc Elmet' Smith ^ old keet;at\£h¥<Recreation : • -'.a /g.3 \A M \f \ review of h &§1 Reiune>c n er ia2^. rosltlon' t -j' in,.a� JUo2r:N:?with the'soa Lo�t.\e \Items in the iixe discussion of ¥s s t a y the neweic/nd k y<Daviasen s %\\k&£ion carried. by-:; -Brandt &tract and to adopt Bond for • Zi - gym ` .,M � Page; 5 t t« R-� Council Minutes' _ .. ``:November 'S;:, 1.97-4 1t was moved b'y White and seconded`by.Brandt to adopt the _Resolution= Sett -int -theDate of�.Initi.ation. for an Agree- ment`- between _the' Cif'tY of:-Nowa= City' and Old Capitol Associ- ates° said date beim November 6 1974..: Upon roll call Czarnecki'y' Davidsen:;' deProsse;`' Whi-t6and Brandt Voted F aye' . - Mot-ioncarred Acting City ManaQer..Denri`is..Kraft.renofted on the rental policy for the: CIintor S'reet Mall°, statim that there was no one.est:way. Ater advertising, he.would ,evaluate pro- posals received, with moire weight given to ;long term agree- _ ment`s, arid,-..,use`compatibility wouldbe cons_rdered. It was moved by;Branat andseconded_by White that the, Council con- curs in, proposed rental policy.rela`tive` to the Clinton, Street. Ma1ll-vMoti"on carried Mr. Kraft recommended that the arkin meters on Ca itol Street sout o Bur-lington Street --.be" allowed: to -'remain. It was moved ,by deP:rosseand aeconded by Davidsen that this prob`lem�be deferred forr.one month, so that the, City Manager c•oul'd reVaew the area West of-: Clinton ;a'nd South 'of Burlington. Motion carried', White anis Czarnecki"_ot ng 'no' . : Cit '"Attorne r Bohn Ha ek .re' oited that S ecial Attorne Ja Honohan had advised4that'a settlement had been reac e : in the=Robert Hein4 case , For; 10,;000.00 the City., would release r thei=r claims arising, out; of 'the `accident .on April 72 1969 at Mercy, Flosp tal ' � It$Ltias' myed, br: White :and seconded by deProsseshat the Resolution Autho;rizinQ:Execution of Release Qf Claim `be adopted. Upon roil ca1l:Dayidsen, deProsse, White, Brandt and Czarnecki voted 'ayeMotion carried. =It was moved by Brandt and seconded by.dePros,se that the rules be:`sus ended';'and-the,.second 'read1fig of the- Ordinance P_ _ to VacaT-6g, a'= Portions of "South -Capitol-:-Street': Between Burlington ` ,1the and_ Court;.Streets be iven b .tit1'e''onl ;Upon 'roll call ' Bran; t Czarnecki .Davidsen,;deProsse White-voted''a e'. - . , , ;_ y Mot-ioncarried' and :_second readingiven by> title .only. It was moved by Brandt.and seconded by. deProsse:chat the rules be_::"suspended ;and :the :th'irdIr'eadng of the Ordinance .. Es tabl'ish'in _.Speed-sLimif's ow, --First` Avenue .b'etween the -Rock Isl-and` Ra'ilro"ad Tracks and Hghway6:By=pa'ss be >given by - title oniw Upon roll>call Brandt, Czarnecki, Davidsen, deProsse `:and White voted. 'ayeMotion.car'ried,;and third " reading -given by title only. :It was moved, by Brandt and seconded.1 sen,to _adopt-4the:Ordinance.;: It -was` moved by White -and seconded by deProsse to;.amend',the.Ordinance so _that ;the speed 1!=emit :would';be 30 MPH' from"Highway 6 to : the ;railroad tracks:: Motion was 'defeated, `B" dt:,'Czarnecki k , '� '¢3*; } kc I ,t 2 =-fSf 4�"r &sv{�Wn. *" X •� - f 'K `. •rI 1, C+iS .ia-'. ax�.x"�..?'.ysvfc»">Ey`u ru ,� F-.-�,4:_,'Lnrw �' .1+??'L..r.>4,xtc't•rr. a>.ti �;,.ti.,. - -. ,_.. ..-_. ,.+z. ....•>.3.. i.'. to Council Mi-riutes<_ November, 5'- 1994 aPros se and seconded by Davidsen to cceptink..Sanitary''Sewer. Improvements, Parts V'. VI'and VII bvt"'Rex Barber_ /i Cedar =Rapids'. Upon :roll call Davidsen, t, Czarnecki voted.'aye'. Motion carried. eProsse and seconded.,by Davidsen to ctia S'tre&V Im rouements.in Bryn Parts'V Vh an ;VII one by Metro_ /7 itY.. Upon roll,_call,deProsse,;White, id:sen voted .'aye',:. Mo,tion:carried. Y 1 - avidsen'and'-seconded by deProsse to ng Budget Extension for one week. M- . aviddsen and '`seconded: by .dePros'se that Ki dents} oli rkwood Avenue regarding, any e_ rec6i*,v. and.,filed.".;Motion carried. avidsen and 'seconded:by deProsse that fHether�ngto.n,,.Iowa= hlinois Gas,P� ding revisions to gas _aiid electric ivied and filed.='. Motion carried. l�C/ r=. S eP:ross"e_ and,°;seconded by Brandt that Birch Area Director;; HUD, regarding recie.ved`and:.-filed. Motion:_carried. a eProsse andseconded by.Davidsen that sten, , Direc°tor:, League; of ` Iowa'Munici- Le`-League Annual Conference be 'received i ran dt, and seconded by ;'Davids,en:-that the n 'Uni ersi;ty of Iowa;:regarding vacation 6 of ttie Cityof .Iowa;City be received l oto P1`anning and Zoning. ,Motion carried. �98a2 �randt-�ands seconded .by.: deProsse ;that `the sel, S06 S.'Governor, regarding the stfares be°received and filed. Motion gu Brandt and seconded by Davidsen to adopt n CV, C Beer�PermitcAppl'ication for fashin�ton. Uponroll._ call White, Brandt, lePross:e voted 'aye' "Motion carrie`d'. r y , { :r W ON -n IWOR m) 4, --g ft F; -.:,.Coujj&jlMinutes' Y, . 1974' --No '77 la� It m d -by D a vf&sgen i-andj,-seconded by ieProsse to .was - Resolution` Z s;ulntte Permit for Mike's. - adopt -tve^- .'-ove' Riversf&6Tdxaco -Drive Upon roll call Brandtj:,-',Cr zarnec-Ri-i 'Davidseny'. AeProsse i White:voted 'aye'. Mbtion:carr.le It was moved_by AV: and ;";seconded by deProsse to adjournl:,t -Motion carried Mayor ',-'-City. Clerk • 0 REGULAR COUNCIL MEarING NOVEMBER 5, 1974 7:30 P.M. Item No. 1 - MEETING TO ORDER ROLL CALL. c- -e -,6 - Item No. 2 - READING OF MINUTES OF REGULAR CITY COUNCIL MEETnTINGS OF OCTOBER 22 ANDOCTOBER 25, 1974. f'r a - Q�-� a_�ljl.�� Lf -c__/ C O`y'4L a*�. N D� !.� / L.. 'w, • t-• V "Y s+S W r�� \•� (TT-, ne(ef ), ri�tJve Item No. 3 - MAYOR'S PROCLAMATIONS. a. Youth Appreciation Week -- November 11-17, 1974. b. World Plan Week -- November 10-16, 1974. Item No. 4 - PUBLIC DISCUSSION. q) .'.. Or PIC, W, J' 1 h J tTP C1 r Oi' - \ Aa h„fir-,, 01 -FLA-t— ,. ) 'A 1, ( r Y 0 r t• A, r r CA �A, . trxtr� rd 11. ` 111, + I A . ✓1 N + � P v \” '% e� C�n t,.6Pv-? Fi'vNr.s it Jia /��rd� Mood utilue of �Iro�Soe ne(ef ), ri�tJve Board minutes of September 19, 1974, meeting. b. Board of Adjustment minutes of October 30, 1974, meeting. Z ( �1 hv) 1r..• tv�-L ter% n-,,.• l..r t.... ay. -e_ �. 't-"1..�_ .', ^_-. /�G tx r,5 C. Cr r.r. .r .. �'l s,�. •r -+c. 't G. r ` �l-,PO�)��{PC QVP nhJ�i C1�9 L` �L'U �C{ �I ICt Yo l-... .^..-•I t..r ��'�, //S�� (LT � r�. L/ k In 1� O V rt t lx :i pl.�ll�Ie�A�v+ ` i-_.. �-.. '� t t r .. i /• ✓1 �.:S� 1`i `d !f :a Yr• < l .,�.n n r. -s• P /L` e � �� � J:�(�CX_t� /�.� - �li� � _ / � �/�_t,�P . Y� W�,sCycS �o . trxtr� rd / � Gu7(. 1:3cl x�+' ¢jci �.- 6Y-7'� ',c>(- Item No. 5 - RECEIVE MINUTES OF BOARDS AND COMMISSIONS. I F O Frf.t t I ;,', „ a. Library Board minutes of September 19, 1974, meeting. b. Board of Adjustment minutes of October 30, 1974, meeting. -- - - - - - - - - - - - - - - - - - - - - ki 7.4 — ---------------- py A L AOV 9L t 'ec! - [ne i V -n f .1.�'-{l"--4), _,•fc F'j�. L".:�.tbJS. 1_._ __- F � jjll - ,, '� ///N��' _..__ --. _ �li c__ �_(� -.W �KJ_�-G//�-- ___ _— , _.'�'L°r_�b4•R,-+�.� ©. - exp, .C.._UZ'Lat.�Ci�Q^'1-Gi.✓M_'If.�i y�y�y _�_'_ �'/ ,� //�� ?aiLL. �"' •JY �' .� J i 1 L C r ^-' Ln q t7n _..,,,, r • � , G- -A. .{Xetq�_I ��_-��✓S-'R.. t1.,1�. �.t-. «.L 49-f... ��-"J �.d.- 1. •.flT�' r rte/ ✓l'1.Q.-C-� ��t, .�F'�-Ut.n.-i-J `_ �CE�t.-�_ �-i.t�- o- .`t ��c-r.�I-�t-rt - �. ��� D G}n .1.�'-{l"--4), _,•fc F'j�. L".:�.tbJS. 1_._ __- jjll J i 1 D G}n .. : Vl.�,. ��,2:.._5.\, I �_ �LI. Q..J_$ r-�-. . �i.:� _ ,.�.�1.-: p � r. ,. � �..�•-.ti-...�., r•, ..__----- r i _ I f..6,1 - c•i-�—`-.^--: -::Lf. C.. G_�.�..•t+ .J �—y.. ��'l_ Gl t <_ .:_/—+-.. �w I �Lti --le-4!, n;f I et- V C� � ["-c•-mss,-�.:`_�' ,�c� � �.�c G - ----- _t�•iC._'�t-._ .�V' - Vi� a"'eG� ..�.( S ��-'L�� / A_a_a_i'�..a �tt--,L-, -..__ f /Vi/f r l -5L- Agenda Page 2 November 5, 1974 Item No. 5 - (Continued) C. Human Relations Commission minutes of October 21, 1974, meeting. d. Planning and Zoning Commission minutes of October 24, 1974, meeting. /!L f/ Action: �-_' �JQ� :2. �-dJ Item No. 6 - CONSIDER RECOMMENDATION BY PLANNING AND ZONING COMMISSION TO NOT RE- ZONE A TRACT OF LAND OWNED BY AMEREX CORPORATION. Z-7414. Comment: The Planning and Zoning Commission on October 24, 1974, recommended by a 6-0 vote that a 7.05 acre tract of land located north and south - of Haywood Drive and west of Laura Drive and owned by Amerex Corpor- ation not be rezoned. The subject matter was previously referred to the Commission to consider the desirability of rezoning said tract from an R3A to an R3 Zone./y'.o(?�, t p. N• Tal —. C! , Ow p.i-e.'t ! a_...lL� � -tt� �al�,p�..ee�.N+ C'Y-...., r,-1 Plfe4 Gefw%.` Action: Vee.r '(T t,t_r,"i�;' Ile P IJ, 02 -f 1, , - iN ,,'1,4Ap ���t. Cz — B� - 1i�c ti. o ' Item No. 7 - CONSIDER SETTING A PUBLIC HEARING FOR NOVEMBER 26, 1974, ON A PROPOSED ORDINANCE TO AMEND THE HIGH RISE PROVISIONS OF THE ZONING CODE. Z-7417. Comment: The Planning and Zoning Commission on October 24, 1974, recommended by a 6-0 vote the adoption of an ordinance to amend Section 8.10.19 of the Zoning Code. Changes proposed include: 1. To allow high-rise development in the High Density District within the CBS Zone, 2. To exclude the high-rise High Density District from the R3A Zone, 3. To provide for one and one-half (12) parking spaces for each dwelling unit for high-rise development in the Medium Density District, and 4. To increase the yard requirements for high-rise development in the Medium Density District: for every foot in building height A above 45 feet, /the yards to be {i�n�creased by 2.2 feet. Action: (�tQ I Z) C'Lr. d-te_ P. W • 1 V of 1 • Item No. 8 Comment: Dec, /o - CONSIDER SETTING A PUBLIC HEARING FOR NfftEMBER26, 1974, TO REZONE CERTAIN PARCELS IN THE R-14 URBAN RENEWAL AREA TO A CBS ZONE. Z-7314 The Planning and Zoning Commission on October 11, 19743 recommended by a 5-0 vote that certain parcels identified in the R-14 Urban Renewal plan be rezoned to a CBS Zone. A CBS Zone will enable development of a high-rise building as provided in the proposed ordinance amending the Zoning Code above. Action: v Item No. 9 - CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION NOT TO CONSIDER A DELAY IN THE REZONING AND ANNEXATION REQUEST OF GORDON RUSSELL. Z-7418; A-7401. Comment: ® The Planning and Zoning Commission on October 24, 1974, recommended by a 6-0 vote that a delay in a request by Mr. Gordon Russell to rezone and annex a tract of land located south of the present southerly City limits and west of the old City landfill not be considered. The subject matter was referred to the Commission for considertion subse- quent to a recommendation by the Parks and Recreation Commission to delay action until provisions are made to provide suitable buffering of parks and public recreation areas from adjacent uses. Action: // / f/ D G G 4_t 0-111 _ ��-t_w�_ C..�+ c':e .y �,.t• •- , Item No. 10 - CONSIDER RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION TO REZONE A TRACT OF LAND OWNED BY ALVIN STREB TO AN M1 ZONE. Z-7419. Comment: The Planning and Zoning Commission on October 24, 1974, recommended by a 6-0 vote rezoning a tract of land located south of the CRI and P Railroad and east of Riverside Drive and owned by Mr. Alvin Streb from an RIA Zone to an M1 Zone with the exception of a 100 foot wide corridor along the Iowa River. The Commission's recommendation is consistent with the Ri.verfront Commission's consideration of the subject matter. Action: En � pN ( i ✓� rte u t cv+_� _ A -� r� A,4 t ria.. r V. e of .D� { .i U � � n � i � �i fel: �•4{'k [ h rt� A RF ..IW ( (' z � soti.,, r o•...e o-., -1 f � ttrr,ry vaetrt 1•1 %J I 1 � �" � Item No. 11 - CONSIDER RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION TO APPROVE THE PRELIMINARY AND FINAL PLAT OF VALLEY VIEW OF RIVER HEIGHTS, FIRST ADDITION SUBJECT TO CERTAIN PROVISIONS. S-7415. Comment: The Planning and Zoning Commission on October 24, 1974, recommended by ® a 5-0 vote with one abstention approval of the Preliminary and Final Plat of Valley View of River Heights, First Addition subject to the correction of three minor discrepancies on the plat and the inclusion ) V G'o Al- �,y-"r��. (JJ-t�U"y`-�!Y .� __ � N t� t �%• � � � ' ,� ' df 1 �-t � � E� � � �?r�_. _ r_ .. -__- 4 C-�...� - . .v'a �i..i- a...a..-4-i /- ., w J a i•.: 1. J r tc- �1 L LAG Or- -.—.._-..- n At r Q AA L/ l: L� (�"�".� �, LQ. t/�.. ft. L.•(„ Fl.:i.. _iL.!_)..v'1-'yt.1/�1� _._ L. .�._: � t_ ti ` �� l ! _ ...__... . _ __. __-__.___.__ A �C � L _til/ .- I. ej Y tC) - e - r r J ! _�-•`.. `- i -t__t- 4 -..J.: -G „oma.... �t...e.--tr••1....-G__<�,:C_<__a �,. /.':�_ cl. �_.�.e.._�..� ,. 'J (•J_,e .. �C�y.�• -_. �.,G,/�I�La�I�" '.i-4i'-�.....�'_.ss„'el t.c.• -eX JC"—' ►M.-:�---�.-e'.ra.-.��e.. ,.I.,,t e�-,,rye �-:!' '� t'� --. _ Ok- d� e -L- C ( �/''F � i . J•'ti�ifi+Y � 6 f � ` i �,�Y�.t�f.✓' �i� I...l .J �.. � �"! .� � f 0,4_Al Oil G-•.� Lei �cZ t� L� r.,; �f.ff._r.�- �•_�... ..- rt t. Item No. 11 - (Continued) of required improvements or a legal and binding agreement waiving the right to object to assessments for construction of improvements to meet City standards at such time as the property is annexed to the /3 City. Action: P-19 0. f( -r I �-e4.�u�� 9 1Ta c„ ���v r�c�7 ) 1c•_ac�+ Item No. 12 - ADJOURNED PUBLIC HEARING ON THE DISPOSITION OF VACATED PROPERTY. Comment: At its September 10, 1974, meeting the City Council received a request to purchase a parcel of vacated land, the west half of an alley near the intersection of Lafayette St. and Maiden Lane. This public hearing is the next step in the disposition process. Action: P N• VW —PV'S ists_u.,rey" el Item No. 13 - A�P%POINITMENT TO THE HUM��ANj RELATIONS C/OMMISSION�. 6A Je Of Vol 40 go V ,.L V1 �-*x n v.e d T-e1,n,r, R Item No. 14 — BUSINESS FROM THE CITY COUNCIL. 0 6-1G Item No. 15 - REPORT ON ITEMS FROM THE CITY MANAGER AND THE CITY ATTORNEY. Item No. 16 - CONSIDER ORDINANCE TO VACATE A PORTION OF SOUTH CAPITOL STREET BETWEEN BURLINGTON AND COURT STREETS. V-7406. (SECOND READING) Comment: The Planning and Zoning Commission on September 12, 1974, recommended by a 4-3 vote vacation of the ten feet of South Capitol Street immedi- ately south of the Burlington Street right-of-way and vacation of the remaining portion of South Capitol Street between Burlington and Court Streets at such time as property located adjacent to said street is acquired by the City and an easement is obtained for utility purposes. Action: &-, / 4e, 2 JA " P'y� n � i l Item No. 17 - CONSIDER ORDINANCE ESTABLISHING A SPEED LIMIT ON FIRST AVENUE BETWEEN THE ROCK ISLAND RAILROAD TRACKS AND HIGHWAY #6 BY-PASS. (THIRD READING) Comment: The Engineering Division of the Department of Public Works has completed a speed study on First Avenue between Highway #6 By -Pass and the Rock Island Railroad tracks. The following factors were taken into consid- eration during the speed study: 1. Road Surface. Characteristics, Shoulder Conditions, Grade, Alignment • and Sight Distance. 2. The 85th percentile speed and pace. 3. Roadside development and culture as well as roadside friction. • 0 E Item No. 17 - (Continued) Action: 4. Safe speed for curves or hazardous locations within the zone. 5. Parking practices and pedestrian activity. 6. Reported accident experience for a recent 12 month period. The 85th percentile speed measured during the morning off-peak hour was 36.9 miles per hour with the afternoon off-peak hour being 37.0 miles per hour. Eighty-seven percent of the vehdcles were within the 10 mile per hour pace in the morning and 85% of the vehicles were within the 10 mile per hour pace in the afternoon. The median speed in the morning was 32.7 miles per hour with the afternoon median speed being 33.0 miles per hour. Based on a physical inspection of the site as well as the above data, it is recommended that a speed limit be established on First Avenue of 35 miles per hour between Highway #6 By -Pass and the Rock Island Railroad tracks. It is recommended that the speed limit north of the/� Rock Island Railroad tracks remain at 25 miles per hour. ���/ ,��.� cele- -4-4 Item No. 18 - CONSIDER ORDINANCE TO REZONE "OLD" ELKS COUNTRY CLUB. Z-7415. (SECOND READING) Comment: The Planning and Zoning Commission on September 12, 1974, recommended by a 7-0 vote approval of an application submitted by Miriam J. Young to rezone the old Elks Country Club property located at the terminus of Taft Speedway from an R1A Zone to an R3 Zone. Before being annexed to the City, the applicant had previous approval from the County to remodel the Country Club building into 18 apartment units. Public Hearing was held October 15, 1974. ��nnKK/d Action: Y-�-1 / C 2 La_ 'T" Q r �4 / cc �". i ,L <- Item No. 19 - CONSIDER RESOLUTION APPROVING A SANITARY LANDFILL AGREEMENT WITH THE IOWA STATE HIGHWAY COMMISSION. Comment: The City of Iowa City has previously negotiated contracts for the use G 9 of the Landfill by other governmental agencies. The Iowa State High- way Commission has also requested use of the City Landfill on the same basis as is being made available to other agencies. This resolution will authorize the Mayor and the City Clerk to execute a similar agree- ment with the Highway Commission. Deferred from the October 29, 1974, meetin Action: %.f 17' of v �.r _. /fit • Item No. 20 44 O Comment: Action: Item No. 21 aye - CONSIDER RESOLUTION ESTABLISHING STOP SIGNS AT THE INTERSECTION OF COLLEGE AND DODGE STREETS. These stop signs would stop traffic on College Street before enter- ing Dodge Street. This action was previously considered during the regular Council meeting of October 29, 1974, at Item No. 22(e). j - CONSIDER RESOLUTION ESTABLISHING STOP AVENUE AND LOWER MUSCATINE. UILL /Od-`-�4'`'' SIGNS AT THE INTERSECTION OF FIRST Comment: This resolution would establish stop signs on all four legs of the sub- ject intersection. This action was previously considered during the regular Council meeting of October 29, 1974, as Item No. 22(a). Action: Iali /&4..- • ete _ I a _P 6, 4_.0-/,p 4� u V v $ O1"cho P nc Item No. 22 - CONSIDER RESOLUTION PROHIBITING PARKING ON THE WEST SIDE OF TEETERS COURT (IN A LOCAL AREA TO FACILITATEk�HE HANDICAPPED. • ��2- a eaPcz C r4 Comment: As the result of a request from the staff of the Lincoln School, the Engineering Division of the Department of Public Works has analyzed a problem concerning access to the Lincoln School by a handicapped student living in the immediate area. As a result of this investiga- tion, it is recommended that one space of parking be removed from in front of 243 Teeters Court to insure that the use of a tapered drive- way be available for the handicapped student. �'1 1 Action: a. I & 1 I .1_.J / V1,0 - -' Item No. 23 - CONSIDER RESOLUTION APPROVING CONTRACT AND BOND FOR THE S.A.S. EQUIPMENT L� 3 COMPANY FOR THE R-14 DEMOLITION AND SITE CLEARANCE CONTRACT NO. 4. Comment: This resolution approves the Mayor's signature on the contract and bond for award of this contract. The award of this contract was made at the City Council meetin on October 8, 1974, at Item No. 23. I LL) Action: ( T ' v Item No. 24 - CONSIDER RESOLUTION ACCEPTING THE WORK ON THE WATER TREATMENT PLANT IMPROVEMENTS - CONTRACT NO. 2 - ELECTRICAL AND PLANT CONTROLS. Comment: This resolution accepts the work done by the Shay Electric Services. Inc. of Iowa City, Iowa, for the electrical and plant contro work connected with the Water Treatment Plant Automation Project. The E i Item No. 24 - (Continued) final contract amount on this project is $512,136.97, and the contrac- tor has completed all of the work in substantial accordance with the plans and specifications. Action: V Item No. 25 - CONSIDER RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS IN BRYN 9 .6- — MAWR, PARTS V, VI AND VII. Comment: This resolution accepts the work done by the Rex Barber Excavating Company of Cedar Rapids, Iowa, on the sanitary sewers in Bryn Mawr Additions, Part V, VI and VII. These sewers have been constructed in accordance with the City's specifications. Action: Item No. 26 Comment: Action: Item No. 27 - CONSIDER RESOLUTION ACCEPTING STREET IMPROVEMENTS IN BRYN MAWR ADDITION, PARTS V, VI AND VII. This resolution accepts the work done by Metro Pavers, Inc. of Iowa City, Iowa, for paving in Bryn Mawr Addition, Parts V, VI and VII. These streets have been constructed in accordance with the City's specifications. - CONSIDER MOTION TO ADOPT 1975 OPERATING BUDGET EXTENSION. Item No. 28 - CORRESPONDENCE TO THE CITY COUNCIL. a. Petition from residents of Kirkwood Ave. regarding any widening of Kirkwood Avenue. Action: J/C 1 tl_c �• 1 Q./�-�� �- b. Letters from R. M. Hetherington, Iowa -Illinois Gas & Electric Co. regarding revisions to gas and eleric rate schedules. <e, t- t i = pit,) e a r, , .� �_�.:k � v�:. Action: Da- C. Letter from Guy J. Program policy. r Action: kc I & L4_/ V Birch, Area Director, HUD, regarding Workable 1 • Item No. 28 - (Continued) Action: D ' e. Letter from Ray Mossman, University of Iowa, regarding vacation of an alley in Block 86 of the City of Iowa City. Action: LC)1z V 0G vt / '4- Action: 4 5w d. Letter from Bob Josten, Director, League of Iowa Municipali- ties, regarding the League Annual Conference. k i () ,, A— I f_ eT l 1 e,—.,'. f. Action: Letter from Joseph Kiegel, 506 S. Governor, regarding the pro- posed increase in bus fares. Item No. 29 - ISSUANCE OF PERMITS. �f� 5 Action: Action: a. Consider resolution approving Class C Beer Permit application for Green Cross, 501 E. Washington. b. Consider resolution issuing Cigarette Permit for Mike's River- side Texaco, 50 S. Riverside Dr. Item No. 30 - PUBLIC DISCUSSION. Item No. 31 - ADJOURNMENT. Th 22nd :da at the 'TJ Absen , t that -X) broidc-c- in, no v, It Mir .,:minutez .subject t i r o,ug7 jz the R , al • on how "'- were* Ile len C andis e , c receive Al t6m , m , e r c 0 r d in- i A the, .1� M ill an d Ho I U I Motion 16F CTOBEW 7 I o wa C1 t y�� rty4 oun'C3.-. - ar,' e s met,�jW:Reg'u S s, ion on: he.ot _a�,,"�T30`1? M. in, 6`6 CoUnc_il':--Chambe October,rs I vric -Cent e jr V sent Brandt; za:r'h'edki'dsen, -",-.-DaV' del?ros'se White. 1 inone,. o r� C zarneckI presiding. The Nwr noted &'-,-Radi6Stationrecorded themeeting; -'pdrtions to be t later ares at e,i�qret on,;of;.the ieradiostation d an control Led by�the-City or the. Council. oiy was moved by dexosse:� ' P }and iaseconded�'by Davidsen that ites-,read :thus i -I fq;Yconstitute 'a -."full: reading of the- for October 9, 1974 an'd,,t}at!,---Coun,ci,l: -approve them -to„fi-cor-recti6nl-,M6t3'to'ncarried ,orIrCzdrnbck-in""r'o-'c"1-a'i'm-"edthe week of 06tober',-29th _ November r as 6 a ch b .'rWeek ppre.cia. ion line Kapler;° 521;E' College ` 1--'1-1 S' d �. t,..appeare repl:esenting '' ton ',*-C f eek Action -Group, presented several :suggt ions e s' :0 I mp roveA. i-e-I.pt.OD1.emthatexists ':-Others appedying a 0 s,.Av'en_u-e';'-�, Jim Hull, 712-2nd`;Iowa Ave; �d � a. n -"a Ug h' 1'31'� 0 14 -us, a I t wi'S.Mov d ed by -d e I Prosse ,v nded Davidson a o �edbe y rmation:su,6Mitt and f>iled' Motion :carried Leff, representing theB'o"a-rdio'f"--Directors, Chamber -of ,' appeared notirig,several effects caused.by the Sign �e op'ted-,-'1'ri�-,197.,3'zbri�,-,some -�,,bus esses” ' was moved bjr.:.-,.'.e.deP-.i;bgs-e"."---d - �d' d 'b Ij vid' �Jse.con e y a sen that .N�ari, , tes Mee ingsf t'.',Commi9si6n 9/19174 ing.,-C(jmmiss3-ono4:"10/,2%74-li6receiv=ed and filed. arrie or-;' zarneckinoted thetime set for the oaring .--to--,;vacate;'a,,p,q f S :)rtioW..o outh-,Capitol'-Sireet ington -Trott,�: Bur.11 i f-Fand C6 Ur Streets r &0 t sl'.* Emil Attorney, I S*um-,m,l,t,,a,lipo;ited56bij'ect I to ,tfi6>Vacation.,� Rev., .1,4 pearecvs requesting no ;action be takontonight'.. There the'rspresen't,- _o,speak, ,-thjeay9r, d eclared the - orC ;----t_ zarneckk--ftoted this :;was :-the ;timeset for the public on thze_ rezoning of Gordon :Russell Property - to Ml and A2 lmershiaus'e�� r of Community p6g Dcvc-lopm crushing ngiture'." statiftg,,. this I'an not oppo Attorney Tresenti In` the 4a - -ppsal -:-.tc � trees an de.., and importan ar, 'Sieberli overthe M2 zbhb.. Tho se._aj:� ,26'5v 0 Ro g6rS :-by;_ -deR-r( sented-I Motion. i' - on,. -,to a joi • NoveM66,, .--Mal the -pub: 19.74 S1; Sl-; obj ectii beingni closed adopt t Czarnec -losedCzarnec carried; thePub. of Cont -1. 1 ,declare seconde. _SpecI:f 1 ' Davi:dse on the Councill-Minutez ;October 22,, 1974 3 2 - entati on'; commenting that the car int� _-tay.e.a-,es =would. necessitate ;a' 61,-sc.reen of Some ..operation Mary -N6uhaugerappeared for theRiverfrontCommissio n .code amend they .would 'like to;se:e `the zoning ed so that could be -used ;for' -further park sites-, and they are 5 6 d to`the-car crushing`�'.. area,, b u t want a b u f f e r. zone., d % ixepres' 6nting,',GordonRussells - ekhi tsl-7�_an -s owing a., film eland involved b- - h f.�:th- - d' i ro- request i �anCL esencing a pro- z.p. anexatIon and^-rezonin -14re,* r planta green 6.1-It'"consisting.- I I , . Lombardy, poplar Plant� d`-Zabe :�'Hone*y sUCKIe., a' nd-�-grass;�'jn a,,-s-Erip 20 feet '"Mr—Honohan.noted -the �.'approxiiqatdly,, ceo 2.op_er-at,1on.--'-f6i" Iowa. City..: Nancy ngj,*,,--Tioj statingtheir. eir, concern attractiveness entries-of-businesses and that .,,.:to .,,�,:,,,th'e - reguiationssh'o,illd�'z:b-6'-developed-With more detail. Pearing .�obj rect-ing`�.,,td::�the_.,re zoning'-- were: William Fisher,' th.z--_'-RiVeT_s rdbVe];Mark 8Ehiichert-,:--;-R6ute._ 3,;Mrs. Joe : 4as:�., move d by ]�White l.and 'seconded S Se_t01and`-t the :pre_-., a and; Mrs. s. Joe:"Rogers-. arri ed 1-t-2ma:s;1cmov by..dePro.sse, Publiche'ardri&on ejxezon1;Ig: request to 12t Motion carried -or- 'C za'rn e -'d-" that this was., thefor 'd-ki:`I: announce ,timeset, is hearing` on Resolution o f-_,Nece'ssitY for; -the ,the �b7 adking��.. P r '.-ISPIRG,-,appeared y Program. Cg ect public ,earings.. There hi ring..-. the hea . . . ...... . 'd'e P.ro'sseAnd seconded'by Davidsen to was moved ' e, Resolutions of eces"s-i. y call Brandt, t - ,Davi dsei d6Prbsse- White -,Motion, The;4". 'a'y- oi4 j, anriounced *that thrs was -1't he ``'time set for lac --_-!hear1' p 1, cidtiofis.:and form': ngi �,o others o speak,, 1 the May re-,,�, e,ing,. or 6 "b4"- ,,n6,,�,-,,o.t i the :hearing closed It swas''moved ;by dePr6sse and 5 i_by White to adopt j he __ i"Approving ..Plans< and .,�-"',R6so Resolution ai,.4n&:To'r.- of Contract Uponroll.callCzarnecki, .ons i`*zddPross 'White' _,Br.'and.VVb,ted_--I aye' 'Motion carried. (,Or, zarneck`!'�:a n_n&u'nded--_,,._,t'hdt was --'the - time set for IC ...... 7. 11, C` h a L i i i I f 6 r t he� Sidewalk-As,sessment Rr g R, -1-1, 11 ---iinc u ing - --,,Ben I to DartmouthDubuque, i st Avenue, i' b Fr -,west. side" 'Governor a.s.ca.tii.-ne Road, Sheridan a.nd Wa,sh, ington I-d:ik, i-,Ha6fner 6-eIiViace,appearecommenting ..onsigned byareaprbperty-owners It.was moved ,." sl 1 cil.en tis 1; o n ,:,P,-, * * ' r.,o c t e v a t $. n g ti,v a .1 ct ,,'Fratnerit 'lov 4 n; g::"on /a i. R 1 t . e -l" e is, o u unil-,'. eld".A.-.- ive'm: 2 ; received.. presente'c It. was me meat be Trummel,', An.. us;f it ti the: no= Bonney; I thea Temp.( Wh ae,,,voi to; meet `.i 7:3,0 P M, tem: and ;( role oAf permanent It a instruct. of Feder< •= to improvem `sideiatii It I the, Reso Necessitj Re s o l utii November.`' for: the I call Cza Motion rc, 14 throw l Oci( Ordinance -petition moved. by` received° copies sf Items 19 It ti adjourn Y. UCLODer G'L, . l9'/4 id =filed: Motion carried. Ship1 Laitner, ISPIRG, i statement on the_proposed:,transit sit -fare increase. 'd by Wfite and seconded by.`:deProsse that the state- eivedand filed. Motion carried: Eleanor.'-and<Merie L4 West ,Bento_n St. , appeared 'suppo'rting the ;increase Also'>appearing,was -, on Doumakes, '215 E. Prentiss moved�by deRi_ sse� and<tseconded by Davidsen to approve tions of4MonaPeteschaiidt,„Barbara,Reed,. Sharon S: R.=Huntl:ey,;Kathy Hyde,` Amy_Wi-1son, Ira Bolnick rge; Don�Doran, Preston°:Harris and 'Harry Baum to iry,_ Steering ;Committee.: Motion 'carried, :Brandt and ig 'no'.=' Mat'r Ci'arnecki noted the tenative schedule th _thenominees will be set ,for-Octobser 2'8,': 1974 at - in :;the Councrl ,Chambers; with they Mayor, Mayor Pro- tyfManager. ,The Mayor`;also;comm`entedthat the .temporary steering committee Is.to establish a teeringcommittee: ' movedby Czarnecki and seconded; by:deProsse.to ies taff to proceed` with ,the•; application..pr_ocess; Aid to Urban�,ystems, which prouides:additionalfunds to the>Highways.ystem traffic.signalization,. ts_to the Kirkwood -Dodge area which are under con- . <Motion 1 4F moved by White and seconded by Brandt to: adopt„ tion Set:tin- g„Publrc,Hearing:on the Resolution of Eo r.:_ November: 12, 19u74, ;Resolution, Designating Engineer, Setong` Public Hearing;- on, Plans and .Specifications on 1, 19744andNotice'; to Bidders ion November 14, 1974 : reation Center Roof Repair.,Proj,ect No`. 2 Upon, roll= ick Davidsen, deProsse,YWhite,;Brandt voted 'aye'. _ h movedtby White and seconded by'dePiosie that Items 18 be :deferred on,e week. Motion carried. Y: 1 Primble, Taft Speedway,; appeared regarding the to sRezone"O1'd” Elks Country;: Club:; presenting .a com res idents:objectings to :the r4e,zoning I_t was randt and seconded:: by White .that .the `pef1tion be id filed` and to instruct the-.Cierk 'to' -.prepare . Council Motion _car ed: , moved eby White and se"conded by, `deProsse to defer irough`25 until next week Motion carried... <: r moved by deProssreYand _yseconded by. Ciarriecki to meeting. Motion. carried: 12 1'S �A A ..$-.' v .1 $S f -i s,a -..-. < �$. ._ x• .. ]. ,. to kY... e. ... ... ._. w'. ayor-,jCza-rnec s ƒi \\a ati on /tom aCl: N -He : no'.1 ett In lgnec a -Which� ca - pit 7 0 0�'-.` f orCi e 1. to.-exi -tlie al di Mo e acre i laut carrl v s • 11 11 MAYOR IDGAR CIARNICKI COUNICAMEMIIRS C I T"- BRANDT PINNY DAVXrM CAROL &PROSSE J. PATRICK WMTE P R O C L A M A T I O N CMC CENTER. 410 E WASHINGTON ST. IOWA CITY. IOWA 62240 ` 310.364.1 EDD ` DENNIS KRAFT. ACTING CITY MANAGER WHEREAS, the vast majority of youth are concerned, knowledgeable and responsible citizens, and WHEREAS, the accomplishments and achievements of these youth citizens deserve recognition and praise of their elders, and WHEREAS, Optimist International has for the t twenty and conducted a program entitled Youth AppreciationsWeekmoted Which this year is to be observed November 11 - 17, and WHEREAS, the citizens of Iowa City have indicated a desire to join with the Optimists in expressing appreciation and approval of the contributions of youth, NOW THEREFORE, I, Edgalt Czaknechi., do heAeby Pnoctaim Novembe2 11 - 17, 1974, a,6 YOUTH APPRECIATION WEEK in IOM City. By ,thin action Zet it be knownfihat we have bai th in .the ab.c city ob .today'6 youth a.a .they ".6ume neaPon,6ib?-e aote6 in the Su.tuAe o6 mankind. Dated at Iowa City, Iowa .this 4th day ob NovembeA, 1974 ^� �I - n � � o m � v � O v Z � �- ='i'7 O � r D G' m � v z t� V7 E r 40 0 MAYOR IDGAR CZARNECKI COUNCRMEMIEts C I Tw' IRANDT FINNY DAVIDSEN CAROL d./tOSSE 1. N.TtICK WKTE P R O C L A M A T I O N CMC CENTER. 410 E WASHINGTON ST. L IOWA CITY. IOWA U240 310.361.1800 DENNIS KRAFT. ACTING CITY MANAGER WHEREAS, the vast majority of youth are concerned, knowledgeable and responsible citizens, and WHEREAS, the accomplishments and achievements of these youth citizens deserve recognition and praise of their elders, and WHEREAS, Optimist International has for the past twenty years promoted and conducted a program entitled Youth Appreciation Week, which this year is to be observed November 11 - 17, and WHEREAS, the citizens of Iowa City have indicated a desire to join with the Optimists in expressing appreciation and approval of the contributions of youth, NOW THEREFORE, I, Edgan Czakneek i, do heAeby pn.octaim NovembeA 11 - 17, 1974, as YOUTH APPRECIATION GEEK in Iowa City. By .thin action .tet it be known that we have ba.ith in the abitity o6 today's youth as .they assume neisponeibZe tote6 in .the 5utuAe o6 mankind Dated at Iowa City, Iowa this 4th day o6 NovembelL, 1974 MAYOR • MAYOR EDGAR CZARNECKI COUNCRMEMRERS C 1. -1. MANDT HNNY DAVIDSEN CAROL dJRMSE 1 RATMK WMTE P R O C L A M A T I O N CMC CENTER. 410 E. WASHINGTON 9T. IOWA CITY. IOWA 92240 :19.354.1900 DENNIS KRAFT. ACTING CITY MANAGER WHEREAS, the Science of Creative Intelligence provides a natural technique for achieving deep rest and relaxation, Transcendental Meditation, a technique which has served the personal needs and aspirations of thousands of people from all walks of life, and WHEREAS, medical and other scientific data confirm that through the regu- lar practice of the Science of Creative Intelligence the princi- pal causes of hypertension, anxiety, high blood pressure and cardiac arrest are significantly reduced, and WHEREAS, the benefits of SCI (a state of restful alertness which normal- izes the functioning of the nervous system to provide clearer thinking, greater perception, improved efficiency and more ful- filling interpersonal relationships) are clearly of potential benefit to individuals and to all segments of our human society, NOW THEREFORE, I, EdgeA Cza2nee(zi., Mayors o6 the City o6 Iowa City, Iowa, do herceby ptoetaim my .intene6t .in, and 6uppoAt 6orc, an expanded pubtie awaAene66 o6 the WoA d Ptan o6 the Science o6 C&eati.ve Inte tigenee and TAanbeendentat Meditation, and I urge .the c i ti.zen6 o6 thi,6 community to take advantage o5 .the .in6orunati.onat pnogn.am6 o6 WORLD PLAN WEEK .in Iowa City duping .the peh,iod Novembeh 10 - 16, 1974 -- which pnognams have been anhanged .6peci6.icaCty to in6orun and exptAi.n .the Science o6 Otea.ti.ve Inte.P.P,igenee to .the peopt.e o6 th.i.6 community. Dated at Iowa City., Iowa, thio 4th day o6 NovembeA, 1974 ERM Iowa City "w Chamber HOME . .............. Of UNIVERSITY Of IOWA November 5 1974 Mayor Czarnecki and The City Council Civic Center Iowa City, IA 52240. Dear Mayor and Councilpersons, of Commerce P.O. BOX 673 IOWA CITY, IOWA 52240 PHONE 3374637 As you were informed, by our representative, Mr. Leff, at your formal council meeting of October 22, 1974, a large portion of our membership is currently experiencing some difficulties with the Sign Ordinance. As the situation now stands, there are forty three firms who are aware of the fact that they are in violation of the ordinance. The value of the private property involved here is $116,570. It must be borne in mind that these figures only include those members of the Chamber of Commerce, who are a- ware of their violations. It should also be remembered that the surface has just been scratched. These figures represent predominantly only those signs that are "prohibited", and must be currently removed, and say very little, if anything, about the magnitude of the problem when in September of 1976, all "nonconforming" signs must be brought into compliance. In our view, it is in 1976, that the current problem will grow in magnitude, perhaps two or three times. As can easily be envisioned, by these figures, we see only the tip of the iceberg at this point. Bearing all this in mind the Board of Directors of the Iowa City Chamber of Commerce, would like to propose the following potential so- lutions to this dilemma. " That the ordinance bd amended.ty.allow for. a reasonable amortization period of at least ten years from the effective date of.the ordinance, with -regard to. atlrsigns -in violattion". Essentially, the suggestions above are a reiteration of the Chambers position over time. We endorsed and accepted, with few alterations, the proposal of November 4, 1970, from the committee chaired by Mr. Ambrisco. On May 24, 1971, then Chamber President, John Graham wrote to the Council endorsing the ordinance but making a recommendation for an inclusion of an enforcement provision. Mr. Graham wrote the Council on September 17, 1971, endorsing the report of a Chambe sub -committee, chaired by Mr. Lloyd Berger, that among other things, asked for roof signs not be deemed prohibited, suggested a ten year minimum lif and a yearly review of the ordinance as to its implementation and eff ecti ness. On June 12, 19732 Mr. Richard Burger personally came before the ACCREDITED CHAM9ER OFCOMMERCE C -AMBER 000MMERCE 0f En EOf int 0M'fES -Council and read a statement:which, once' again reiterated and on this matter. Among other things, Mr. Burger asked that roof hibited, stressed the fact that the moratorium included in the inadequate, and suggested changes in facia sign regulations. clarified our positio signs not be pro - present ordinance was The Chamber of Commerce, believes deeply in the concept of citizen input. We have always been, and always will be, ready, willing and able to co-operate with those things that are good for Iowa City. However, with regard to this particular or- dinance, it seems the input from the segment of our community which we represent and incidentally the segment which is most directly involved, has fallen on deaf ears. We are willing to work with anyone to solve this problem. In the mean time, we ask for serious consideration of the suggestions herein, and urgently stress the need for immediate action on this matter. Cordially, Mary Hartwig President-elect In accordance w the Board of Directors ®awa C DATE: November 6, 1974. TO: Planning and Zoning Commission Attn: Chairman Don Madsen FROM: Iowa City City Council RE: Referral At their regular meeting on November 5th, the Iowa City City Council received the attached letter from Mary Hartwig for the Chamber of Commerce concerning the Sign Ordinance. Also at the October 29th meeting a letter was received from William Sueppel on the Sign Ordinance. The motion was adopted that both letters be referred to the Planning and Zoning Commission. Abbie Stolfus ` Y City Clerk Mi November $, 1974 Members of the City Council; As you know, I have had a long and continuing interest in elderly housing in Iowa City. p M. S y At present, I am+-ceri�:# rfnoffering to buy all of lots 4 and 3, plus the west 46 feet of lots 2 and 7, in Block 43 in Iowa Cit;,, Iowa for $113,400, subject to it being developed ;-r the present Section 23, Leased Housing Program Offering. If you would look favorably upon this proposal, I trust You will schedule a public hearing following your usual legal procedures. In turn, if you schedule a public hearing, I request that you extend the date to receive bids to either De- cember 11 or 18. It is my intention at this time, if you are of the mind to look favorably upon this proposal, to set up a non- profit corporation for purposes of developing this site as a location for the 62 units of elderly housing, thus assuring the citizens of this community that the 62 units would be available to serve the needy of this community, even if federal subsidy ends. Again, let me indicate that I trust you will look with favor upon this proposal. Sincerely, Robert L. Welsh • 0 Members Present: Buchan, Canter, Farber, Kirkman, Newsome, Richerson, Trumpp Members Absent: Bywater, Downer Staff Present: Eggers, Moses, Prosser, Spaziani, Westgate Others Present: Marlene Perrin, news media Business: Meeting was called to order at 4:07 by President Buchan. Motion adopted to approve minutes of August 22, 1974 meeting with corrections. Canter/Trumpp Financial Report: The Board approved the disbursements and received the financial report. Newsome/Farber Director's Report: Ms. Eggers called on Carol Spaziani, Community Services Librarian, who gave a report on several ongoing projects. The ICPL Book Sale will be Saturday, October 19, 1974. A complete three page report is on file in the Director's Office. She reported that a new brochure on memorial books and gifts is being prepared and should be ready for handout soon. Because of costs, attendance and other considerations, the Adult Film Pgm. will be cancelled except for special films. Community Services projects forthcoming to be jointly sponsored by the ICPL include: space for readings by Iowa City Writers Group all winter. Space and publicity for an Iowa City Model Railroad Multi -Media Show, October 26, 1974. President Buchan having no objections from the Board then adjusted the order of the agenda to have counsel from City Attorney Hayek. He suggested that we ratify the EEOC Agreement that had been previously worked out by the City, with the exception of Article Two regarding hiring goals. Motion to agree to the amendment as amended passed unanimously. Trumpp/Newsome Mrs. Eggers resumed her report, mentioning a letter from I•Iildred Snider, Social Services Director Mark IV Apartments who indicated she was pleased with ICPL assistance and materials. Mrs. Eggers also mentioned two possible projects for the Bi -Centennial Year: 0 • "I 2. Buy photographs from Mr. Kent's extensive Iowa City collection trs. Eggers raised the issue of the relation of the Iowa City Public Library Board and its director with the city staff. In particular, the current negotiations have been conducted with- out library staff participation. Following discussion, a motion was made directing the director to review the Negotiation Team's Proposal, report to the Library Board and keep both parties informed on the views and progress of the negotiations. Passed unanimously. Canter/Richerson President's Report: Ms. Buchan presented a pin to Hazel Westgate, honoring her for 25 years service to the Library, Ms. Eggers, Ms. Spaziani and Olive McKenzie were honored for more than 5 years of service. Committee Reports: The Budget Committee reported on a meeting at which the County Supervisors agreed to grant $6,663 to assist the Library in upgrading its services and raise the contract fees to $2.00 per capita. Our proposed budget to the City Council would ask for the same funding proportionately, indicating that we would not initiate any new programs, but that since we have generated more money (through the negotiations with the Supervisors) we would attempt to resume our previous hours, Sunday afternoons and thursday evenings, starting in January 1975. Motion adopted to accept progress report on the budget as given by Ms. Eggers and approved unless there were radical changes required by City Council. Newsome/Trumpp Communications: Received a proposal by East Central New Business: District on reciprocal borrowing for all users in the area. Motion by Newsome and seconded by Richerson to write a formal proposal to suggest reciprocal borrowing for Coralville patrons. Passed. If all concur, it was moved to recommend reciprocal borrowing within the East Central District. Motion adopted. Trumpp/Canter Moved by Newsome seconded by Richerson to invite Dale Benz to speak to Board on "Friends of the Library" if he could accept at our next regular meeting. Motion adopted. Ms. Richerson was appointed ad hoc chairperson of "Friends" Committee. Also, as an agenda item for next meeting, the board agreed to duscuss the appointment of a recording secretary. Hearing no response to call for public discussion, President Buchan adjourned the meeting at 6:25 PM. Farber/Richerson Respectfully submi _ed David Kirkman M I 'l'ES IOWA CITY BOARD OF AD.Il1S'i'MEN'I' OCTOBER 309 1974 COUNCIL CHAMBERS MEMBERS PRESENT: Vern Goedken Richard Malcolm Betty Park MEMBERS ABSENT: Ken Dueker John McBride STAFF PRESENT: Charles Gillett Omer Letts Doris Schornhorst Richard Wollmershauser LIST OF MATTERS PENDING BOARD DISPOSITION: 1. Front yard variance at 435 Clark Street 2. Rear yard variance on Highway 1 West for Kenneth Ranshaw • SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: 1. The petition for a use variance for Alvin Streb for his property located on Riverside was denied. Vice -Chairman Richard Malcolm called the meeting to order. Mr. Goedken motioned the minutes of the May 22, 1974 meeting be approved. Ms. Park seconded the motion. The minutes were approved. USE VARIANCE ON RIVERSIDE DRIVE--ALVIN STREB PROPERTY Tom Cilek, counsel for Mr. Streb, was present to speak in favor of the appeal. Mr. Cilek briefly described to the Board the appeals that have been made concerning this property and the re- sults of those appeals. Mr. Cilek pointed out the exact loca- tion of the property for the Board members. After two appeals had been turned down by the Council, Mr. Cilek was doing some research and discovered the case of Matters vs. City of Ames which states the appeal must be made to the Board of Adjustment. While Mr. Cilek and his client are aware that the Board of Adjustment does not have the power to grant a zoning • change, he feels the Board could grant a use variance so uses for a Ml zone could be used on this property without the property being rezoned. ` Ll • No one was present to speak against the appeal. Mr. Goedken made a motion to approve the variance for the R1A to M1 classification as requested by the attorney for Alvin Streb. Ms. Park seconded the motion. Votes were cast as follows: Goedken, deny; Malcolm, deny; Park, deny; Dueker and McBride, absent. The appeal for the use variance was denied. Mr. Wollmershauser advised the Board of the latest action taken by the Planning and Zoning Commission on this property. He stated that the Commission had recommended that the property be rezoned to M1. Mr. Gillett informed the Board of his intentions of leaving Iowa City and introduced Mr. Letts as the person who would be in charge until another Building Official was hired. The Board members decided to hold their next meeting on November 20, 1974, at 3:30 p.m. in the Council Chambers. Re t [ lly submitted,/,� Charles L. i�t Secretary /drs J • MEMBERS PRESENT: Phillip Jones Mori Costantino Elizabeth Diecke Jackie Finn Sally Smith Paul Neuhauser E. J. Means Richard Braverman MEMBERS ABSENT: Celia Roberts CITY STAFF PRESENT: Robert Bowlin Mark Doolin Kay Maune SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: It was moved by Diecke and seconded by Means that the minutes of September 16, 1974, be approved as submitted. Motion passed by unanimous vote. Neuhauser requested the status of the Commission's investigation of the Marine • Corps advertising policy. He felt that the radio station could be construed as an employment agency and the Commission could at least monitor the ads they allow to be broadcast over the air. The legal staff will be investigating the situa- tion. Neuhauser also presented an ad he had clipped from the Press -Citizen which read "Men who get ahead are the kind of men who seem to gravitate to our company." Neuhauser suggested that the Commission once again talk with the people at the Press -Citizen about their advertising policies. Chairperson Jones indicated that the legal staff would be reviewing the recent Iowa Supreme Court decision regarding the Cedar Rapids Civil Rights Commission case in which the powers of local commissions were contested. Jones indicated that he may call a special meeting of the Commission to discuss this case before the November regular meeting. Diecke reported on the conference she attended in Kansas City which was the 10th Anni- versary Symposium of EEOC entitled "Employment Discrimination: A Change in Concept." EEOC Chairperson John Powell has worked with considerable finesse toward new agreements for cooperation and coordination between EEOC and OFCC. The agencies are moving toward adoption of one set of guidelines and regulations. Also, EEOC litigation centers are being staffed and are operating successfully. Also, EEOC reports that employers and unions are in a better frame of mind to settle outstanding complaints. The new atmos- phere is due to lesser opportunity to play one agency against another, increased liti- gation, fear of back pay awards, and the fact that renewals and/or award of new federal contracts are being held up pending compliance review clearance. Diecke also reported that new regulations are in the preparation stage for state and local governments because the problems they present are different from those in private business. Some ® of the differences mentioned are fewer management prerogatives, management elected, public employee rights circumscribed by, state law, merit systems, patronage systems, increased revenue for implementation of remedies is often difficult i.e. millage I.C. HUMAN RELATIONS COMMISSION MINUTES PAGE 2 QOCTOBER 21, 1974 maximums/categorical budget areas, etc. Along with and "business necessity"/which employers must prove added "compelling governmental interest." Lastly, will be the basis for future cases. EEOC suggests that should conciliation fail, the case is ready to tics should be used to establish a prima facie case to the respondent in court. 40 the terminology "job relatedness" in discrimination cases can be Diecke reported that statistics that investigations be so thorough go to court immediately. Statis- so that the burden of proof shifts Costantino reported on the public hearing she attended in front of the Iowa Civil Rights Commission on October 9, 1974. She was the only representative from a local Civil Rights Commission to attend this public hearing. Attached is a copy of the presentation she made for the Commission at the hearing. Chairperson Jones appointed Finn to replace Roberts on the Steering Committee which Plans the meeting agendas for the Commission. The Chairperson requested that each of the Commission's three committees prepare a brief presentation to provide an overview of their area of responsibility for the Human Relations Coordinator. The reports were to include the objectives of the com- mittees for the next two months as well as the past accomplishments of the committees during the year. The Complaint Procedures Committee reported on eight areas which they have been working on and would like to see completed possibly within the next two months. Those areas are complaint procedures, training for commissioners, proce- dures for handling City complaints, clarification of jurisdiction, ordinance revision, descriptive brochures, the annual report and a meeting with the City Council. The Education Committee reported that they had worked with the Community Relations Director to produce a commission brochure and to record public service spots for the Commission. The public service spots have not been completed yet but hopefully will be by the end of the year. The Affirmative Action Committee reported that they wished to study the City's Settlement Agreement with EEOC and the City's Affirmative Action Reporting System. As well, they felt they should help monitor the Affirmative Action Agreements provided in Conciliation Agreements. Another goal of the Commission was to provide education on affirmative action thereby hopefully to avoid the necessity of filing complaints. The Chairperson requested that Doolin attempt to meet with all of the committees of the Commission within the next month. It was moved by Braverman and seconded by Neuhauser that the Chairperson write a letter of thanks and commendation to Kay Maune for her work with the Human Relations Commission during the last year and a half. Motion passed by unanimous vote. It was moved by Neuhauser and seconded by Braverman that the Commission adjourn into executive session to discuss complaints of discrimination and cases under conciliation. Upon a roll i call vote all members present voted yes. The Commission adjourned into executive sess on at 8:45 P.M. is TO: FROM. - DATE s ROM: DATES CIVIC CENTER. 410 E. WASMINOTON ST. IOWA CITY. IOWA 62240 1 G &�ff) W1 KK ry/ 319•361.1600 Iowa Civil Rights Commission Iowa City Human Relations Commission October 9, 1974 The primary purpose for the State Civil Rights Commission to defer com- plaints to a local agency is to relieve the State's two-year plus backlog of cases. To this and, the Commission in considering a formalized deferral arrangement should adopt realistic criteria for designating deferral status. The strongest criteria for deferring complaints to local agencies should be the results they achieve. Some local agencies get remedies com- parable to state and federal remedies and does so speedily with minimal staff, without a hearing provision, and with a somewhat outdated ordinance. They will probably do even better with added provisions and powers, but lack of these new provisions and powers now should not constitute denial of deferral status. To what purpose does it serve the State Commission to designate a local agency as a deferral agency with a "strong" ordinance, sufficient staff and a hearing provision, if such an agency is unwilling or unable to use these tools to remedy cases? The Iowa City Human Relations Commission recommends the following: 1) Designate all local agencies as deferral agencies on a one-year provisional basis. During that year the Commission will consult with each agency on recommended changes for renewal purposes. (With the two-year plus backlog of the Commission, deferring complaints to local agencies for one year cannot jeopardize complainant's right to a speedy adjudication of his/her complaint. 2) The remedies achieved by a local agency be given great weight for deferral status. 3) Hold intensive training sessions for handling complaints based on age, disability, credit and sex in housing before requiring local agencies to include these provisions in their ordinances. • 4) Clarify local commissions' power to issue subpoenas, cease and desist orders, and to hold public hearings before requiring local agencies to include these provisions in their ordinances. 5) Make all arrangements between the Commission and local agencies on a reciprocal basis. (Local agencies are frustrated and angry about state and federal jurisdictions' requests for information and data from local agencies and their refusal to reciprocate.) Laws, when written, should have enforcement powers behind it. Persons who are appointed commissioners must be knowledgeable and vigorous in implementing the law. Commissions and agencies must be staffed with competent and committed administrators. We all want civil rights commissions and agencies on all levels to work effectively. Let's work together. Let's get to it. 1. To reaffirm the P&Z Commission's earlier recommendation to approve the R3A zoning of the tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). 2. To recommend the adoption of a proposed ordinance to amend Section 8.10.19 of the Zoning Code as follows: 1) To allow high-rise development in the High Density District within the CBS Zone. 2) To exclude the high-rise High Density District from the R3A Zone. 3) To provide for one and one-half (1h) parking spaces for each dwelling unit for high-rise development in the Medium Density District, and 4) To increase the yard requirements for high-rise develop- ment in the Medium Density District: for every foot in building height above 45 feet, the yards to be increased by 2.2 feet. 3. Not to reconsider the P&Z recommendation regarding Z-7418 and A-7401, Gordon Russell annexation and rezoning. 4. To recommend the rezoning of a tract of land known as Streb-National By-Prdoucts area to M1 with the provision that a corridor one hundred (100) feet wide adjacent to the Iowa River remain zoned R1A. ;5. To approve 5-7415, Valley View of River Heights, First Addition, Johnson County, Iowa, subject to either a provision for meeting subdivision standards at this time or to waive the right to object to assessments for construction of improvements to meet such standards at -such time as the property might be annexed to the City. ® REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: None • LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: 1. 73-785. Zoning Ordinance changes for High -Rise Apartment Houses - Creation of a U Zone. Pending before Commission. 2. 73-1444. Summit Street Rezoning. Staff Report for R3A Area Study pending before Commission. 3. 73-1526. Provision of Neighborhood Parks in New Subdivisions -- Final report dependent upon outcome of a steps and procedures report. 4. 72-04. Board of Adjustment Appeal Amendments. 5. C-7403. Dr. George McCormick's letter regarding lot restrictions for multi -family zoning. Council referral: 10/4/74. 6. C-7404. Madison Street closure. Council referral: 10/17/74. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Chairman Madsen called the meeting to order and asked if there were any corrections or additions to the minutes of the October 16, 1974 meeting. Ms. Larew suggested that the words "at the expense of" be substituted in place of the words "in lieu of" in item 6, page 2, and in item 6, page 5. A motion made by Mr. Henry and seconded by Dr. Ogesen to approve the minutes as amended carried unanimously. Z-7414. Rezoning of tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). Rezoned R1A to R3A to satisfy District Court order. Review of above rezoning with desirability of rezoning to R3. Council referral: 7/18/74. A motion was made by Mr. Galiher and seconded by Ms. Larew to reaffirm the Commission's earlier recommendation to approve the R3A zoning of the tract of land belonging to Amerex Corporation (vic. north and south of Haywood Drive and west of Laura Drive). The motion carried unanimously. Z-7417. Amendment to Zoning Code to apply high-rise provisions to CBS Zone. Council referral: 8/8/74. A motion was made by Dr. Ogesen and seconded by Ms. Larew to recommend the adoption of a proposed ordinance to amend Section • 8.10.19 of the Zoning Code as follows: 0 1) To allow high-rise development in the High Density District within the CBS Zone. 2) To exclude the high-rise High Density District from the R3A Zone. 3) To provide for one and one-half (1k) parking spaces for each dwelling unit for high-rise development in the Medium Density District, and 4) To increase the yard requirements for in the Medium Density District: for height above 45 feet, the yards to be The motion carried unanimously. high-rise development every foot in building increased by 2.2 feet. Z-7418. A-7401. Consideration of delay of Gordon Russell annexation and rezoning until suitable provisions made for buffering of parks and recreation areas from adjacent uses. Council referral: 10/17/74. Mr. William E. (Bud) Fischer, Jr., 2650 S. Riverside Drive, owner of property adjacent to the Russell property, spoke in favor of reconsideration to defer action of the rezoning request and is questioned whether adequate screening could be provided if the property was rezoned M1. Chairman Madsen explained that the Parks and Recreation Commission conveyed an interest in having the Planning and Zoning Commission consider modifying the Zoning Code to include provisions for buffering and screening parks and recreation uses from possible neighboring nuisances. He noted that the request came on the basis that the City is considering the acquisition of property for park land in this area. A motion was made by Mr. Henry and seconded by Dr. Ogesen to reconsider Z-7418 and A-7401, Gordon Russell annexation and rezoning. Dr. Ogesen stated that he was not sure that the Parks and Recreation Commission was aware that the present Zoning Code requires screening of a car -crusher operation. He also pointed out that some changes are being considered in the M1 and M2 zones, with the possibility of eliminating residential uses in the M zones. He indicated that further screening requirements to protect park land could be imposed later by amendments to the Zoning Code. Don Schmeiser, Associate City Planner, stated that the property owner presently has the prerogative of • developing the property for Highway Commercial uses in the County. Since the staff felt the subject property was more conducive to industrial and related uses, it was their recommen- dation the property be rezoned M1 with the supposition of a subsequent change in the M1 requirements. • Dick Wollmershauser, Senior Planner, pointed out that the subject property is in the County and, without annexation, the City would have no control over the zoning of that property. The motion failed to carry by stated that Ms. Cain, unable illness, would have voted in Gordon Russell annexation and have been consistent with her a 0-6 vote. Chairman Madsen to attend the meeting because of favor of reconsideration of the rezoning request. This would earlier voting record, he said. Z-7419. Streb-National By -Products rezoning, RlA to Ml. Referred to Planning and Zoning and to Riverfront Commission for consideration of M1 zoning with a corridor along the river remaining RlA. Council referral: 10/11/74. It was moved by Dr. Ogesen and seconded by Mr. Horner to recommend to the City Council the rezoning of a tract of land known as Streb-National By -Products area to M1 with the provision that a corridor one hundred (100) feet wide adjacent to the Iowa River remain zoned RlA. The motion carried unanimously. The Commission was agreeable to the Riverfront Commission's request for the provision of an additional 30 foot planting strip which, however, they decided should not be included as part of the motion as a contingency. Z-7421. Rezoning of tract of land, about 3/4 acre, RlA to Ml (vic. South Riverside Drive near intersection with Highway 218 -- west of old landfill). Requested by Charles Walden. Date filed: 10/7/74. 45 -day limitation: 11/21/74. Ms. Walden spoke in favor of the rezoning request and pointed out that the land was originally zoned M2 but was rezoned RlA when the land was annexed to the City. Mr. Bud Fischer, owner of property adjacent to the Walden property, spoke against the rezoning and stated that because of the homes in the area, he would like to see the area remain RlA. A motion was made by Dr. Ogesen and seconded by Mr. Henry to defer action of Z-7421, rezoning of a tract of land, about 3/4 acre, RlA to Ml (vic. South Riverside Drive near inter- section with Highway 218 -- west of old landfill). The motion carried unanimously. Z-7422. Consideration of rezoning 13 lots in the Summit Street area, R3A to R2. The lots are in the Kauffman and Summit Hill Additions located along and adjacent to the intersection of South Summit Street and East Court Street south of Burlington Street. • Z-7423. Consideration of rezoning, R3A to R3. an area generally bounded by Dodge, Burlington and Summit Streets and the CRI&P RR on the south. Speaking against the proposed zoning change in the area generally bounded by Dodge, Burlington and Summit Streets and the CRI&P RR on the south was Mr. Sam Abrams, 414 3rd Avenue. Mr. Steve Richardson and Mr. E. J. Means, Iowa City real estate agents, said that although they favor rezoning the Summit Street neighbor- hood, the remainder of the area between Summit and Dodge should continue under the R3A classification. Mr. Means stated that the area west of Summit Street has been developed as an R3A area and a zoning change would create a tremendous number of non -conforming uses. Mr. Richardson and Mr. Means said they had sold property in the area to clients who were relying on the R3A zoning. Though favoring rezoning in the Summit Street area, E. W. and Norma Wells, 648 South Governor Street, asserted most Governor Street residents were opposed to the zoning change. They said apartment construction has improved the neighborhood by replacing deteriorating houses with new buildings. They also said that it would be inadvisable to restrict apartment construction when many University of Iowa students are having difficulty finding reasonably priced housing. Ms. Wells questioned why people bought property in an R3A zoned area if they didn't want that zoning. Mr. Charles Grunewald, 436 South Governor, spoke against the proposed rezoning and questioned why the R3A area to the north was not being considered for rezoning to R3. Mr. Dan Willis, 221 S. Gilbert, said he favored the proposed Summit Street rezoning change but was opposed to an R3 zone classification for the other area. Mr. W. O. Aydelotte, 330 S. Summit Street, stated that the neighborhood's 19th -century atmosphere could never be recreated if it were lost. Speaking for two others, Mr. Emil Trott, 331 S. Summit, said the proposedrezoning change would seem to be a fair compromise as it would not restrict apartments altogether. Mr. Gustave VonGroschivitz, 534 S. Lucas, spoke in favor of the proposed zoning change. Ms. Cynthia Gardiner, 601 S. Governor, stated that she was speaking for her husband, Ralph Giesey; Mr. and Mrs. E. Paul Durrenberger, 616 S. Governor; Mr. and Mrs. Thomas Loney, 823 Bowery; and Mr. and Mrs. William Albrecht, 921 Bowery, in support of the rezoning. She stated that property values in the area are greatly affected by saturation with apartment buildings. Mr. Phil Shively, 416 S. Governor, stated that a great deal of ® speculative possibilities would remain for property in the area even it it was zoned to R3. He said that zoning has always been used for protection but too often it is the speculative interests that have been protected instead of private interests. Mr. Robert Dykstra, 314 South Summit, spoke in favor of rezoning the entire area between Summit and 'Dodge and noted that the quality of attractive homes and the pride in property ownership of such homes in the Summit Street area is spreading. Ms. Kathy Sgontz, 405 South Governor, also spoke in favor of the rezoning. Chairman Madsen stated that consideration of the proposed rezoning changes would be on the agenda for the next regular P&Z meeting, November 14, 1974. S-7415. Valley View of River Heights, First Addition, Johnson County, Iowa. Located at north edge of River Heights area. Preliminary and final plat. County referral. Date filed: 9/3/74. Deferred by P&Z: 9/26/74. 45 -day limitation: 10/18/74. Limitation waived to: 10/24/74. Mr. Don Schmeiser pointed out that the subdivision plat was incomplete in the following respects: 1) The plat was not certified; 2) The plat did not include a layout of proposed water mains; and 3) The plat did not include 15 foot radii at the intersection of Valley View Circle with Stewart Road. Chairman Madsen suggested that the developer of the land should sign an agreement waiving the right of future property owners to protest assessments if the property is some day annexed. Mr. Bill Tucker, attorney, stated that he felt the attachment of a restriction in this particular instance would be uncon- stitutional. He stated that he felt the waiver was an uncon- stitutional violation of rights to equal protection under the law and safeguards against deprivation of property without due process of law. After further discussion, a motion was made by Dr. Ogesen and seconded by Mr. Henry to recommend approval of 5-7415, Valley View of River Heights, First Addition, Johnson County, Iowa, subject to either a provision for meeting subdivision standards at this time or to waive the right to object to assessments for construction of improvements to meet such standards at such time as the property might be annexed to the City. The motion carried 5-0 with Mr. Galiher abstaining. Mr. Galiher explained that he abstained because he owns property within a few hundred feet of the subject area. The meeting adjourned. 1] Louise B. Larew, Secretary Y - Notice is hereby given that the City of Iowa City proposes M / the following described property to -wit: The North U.25 acres of that part of Lot 1, of Charles Subdivision of Lots 5 and 6 of Section 22, Township 79 North, Range 6 Nest of the Fifth P.M., Johnson County, Iowa, and other lands lying and being South and East of the right of way of the B.C.R. & N. Railway, and also all that part of Lot 7 of said Section 22, which lies South and East of the right of way of said railroad, containing 2 acres, said last tract being the same tract conveyed by Jacob Y. Stover and wife to D. H. McDonald, by deed recorded in hood 58, page 446, of the Deed Records of Johnson County, Iowa, and reference is had to said deed for a more particular description of said tract. as requested by the Council (Streb property) Notice is further given that pursuant to Section 414.4 of the 1971 Code of Iowa, a hearin; by the City Council of Iowa City, Iowa, on the said proposed rezoning will be held at the Council Chambe City Hall of Iowa City, Iowa, at 7:30 PM on 1974 , and any person having objections to said proposed action may appear and file objections at said hearing. Dated at Iowa City, Iowa this AvKst 13 1974 City Clerk Publish once , August 13 , 19 74 Section 1. The property described below is hereby reclassified from its present classification of R1A and the boundaries of M ► as indicated upon the Zoning Map of the City of Iowa City, Iowa, shall be enlarged to include the follow- ing property, to -wit: The North 11.25 acres of that part of Lot 1, of Charles Subdivision of Lots 5 and 6 of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridan (and other lands) lying and being South and East of the right of way of the B.C.R. & N. Railway, and also all that part of Lot 7 of said Section 22, which lies South and East of the right of way of said railroad, containing 2 acres, said last tract being the same tract conveyed by Jacob Y. Stover and wife to D. H. McDonald, by deed recorded in book 53, page 446, of the Deed Records of Johnson County, Iowa, and reference is had to said deed for a more particular description of said tract. (Requested by Streb-National By -Products) Section 2. The building inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided•by law. Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance to the County Recorder of Johnson County, Iowa, upon final passage, approval and publication as provided by law. It was moved by and seconded by that �1 the Ordinance be adopted and upon roll call there were: AYES: NAYS: ABSENT: iLL� r� Brandt 6� LI 11,,,✓� Czarnecki Davidsen deProsse White' 4--- February---- Mayor lFe ,ary-- ATTEST: City Clerk Mayor First Reading�--?c,, 71-1 Second Reading 'I _—•?�:r} Third Reading - Notice is hereby given that the City of Iowa City proposes to dispose of the following described property', to -wit: West half_ of the alley between Gilbert and Maiden Lane and LaFayett_ (requested by B. W. Sheridan) 1) The property will first be appraised by a -competent appraiser. 2) The property will then be offered for sale to the adjoining property owners. 3) If both property owners wish to purchase the property, it will be divided in half and sold to the adjacent owners at proportionate appraisal price. 4) If one adjacent property owner wishes .to purchase all the property, and the other adjacent owner does not wish to purchase any of the property, it will all be sold at appraised price to the adjacent owner that wishes to purchase the property. 5). If neither property owner wishes to purchase the property, sealed bids will be received by the City Clerk. He will open bids and report the results at the nest Council meeting, at which time the Council will make the final disposal. 6) If the adjacent property owner is another Governmental Unit which needs the vacated street or alley for expansion of its services,. it will be deeded without cost to this Governmental Unit. 7) The°City will reserve an easement for sewer and water lines, over which the purchaser will be unable to construct any structure, 20 feet width. Notice is further given that pursuant to Section 368.39 of the 19mc 73 Code of Iowa, a hearing by the City Council of Iowa City, Iowa, on said proposed disposition of said property will be held at the Council Chambers in the City Hall of Iowa City, Iowa at 7:30 P.M. on 15th day of October, 1974 and any person having objections to said proposed action may appear and file their objections at said hearing. Dated at Iowa City this 21st day of September, L974 NAYo4 WGA1 CIAaNECCI COCNCLUEM3EK C.L T--8RANOT EENNv DAVIDSEN CA401 &PPOSSE 1. tANCR WMTE "• " ` O CIVIC CENTER. 410 E WASHINGTON ST. IOWA CITY. IOWA 52240 319-354-1800 Ms. Barbara Woodard 627 Orchard Iowa City, Iowa 52240 Dear Ms. Woodard: DENNIS KRAFT. ACTING CITY MANAGER November 6, 1974 It is with great pleasure that I am able to inform you of your appointment to an unexpired term on the Human Relations Commission. The City Council of Iowa City officially approved this appointment at its regular Council meeting of November 5, 1974. Human Relations Commission members have unexpired terms of office. Ile appreciate your willingness to serve on the Human Relations Commission and look forward to working with you in the months ahead. You should be receiving a packet of information about the duties of the Human Relations Commission in the near future. If you have un- answered questions, please call the City Manager's office or the Chairman of the Human Relations Commission, Phillip Jones. Please feel free to call me, as well, if I can be of assistance. Sincerely, Edgar R_ Czarnecki Mayor ERC:ckb CC: Mark Doolin, Human Relations Coordinator To: The City Council..... From: Ralston Creek Action Group ,november 5, 1974 The office of Public Worts Director is Iowa City was established as a result of a petition submitted in June, 1960, The retition, about drainage and sever problems resulting from Ralston Creek flooding, was submitted by neighbors from the Rundell - Dearborn neighborhood, Several mersbers of the present- Rundell -Dearborn Neighborhood Association who signed the 1960 petition :ire pleased that after 14 years the office of Public'Works is addressing their problens. It eras gratifying that in his Oct report, the public Works Director discussv3 urbanization and sewer back -UT i.n tite, 11 scope of Ralston Creek inadequacy. It is t�.lso nice that cleaning the creek finally seems feasible , however, the Oct:, 31 relx-rt does Lot seem to conform to City Council requests- One month ago, •the Council asked Y"or a specific report on the technicalities involved in dredging the creek; to datu, they have not received that re� port. They did not request policy recomwnciitions. In additions`tne latest report includes several invalid assumptions and vague generalizations Maich Fre feel cause innaccurvZ:e conr_luslons (if CO uuclusions tirere called for): 1. We understand from hydrological engixi:ers that s more simple and practical analysis could have been maces from the available inf -,rmat i.cn The entire purpose of a preliminary study should be to assess the cl(:aning .,,ad-irodging necessary. to handle a given flood, Dredging ray not he necessary inr the :ntire length of the creek, One starts at the mouth and works backward G Ven M-trictions, dredging upstream may be limited, For instance, if the Prentiss St, bridle vri.11 only handle the 5 -year flood, it doesn't seem n�cvssary to dredge the en j_re length of the stream above it. Alternatives to restrictive bridges ire not c 1-asidered as • pro.,rised, Why was Rcchester sta. 20+00 considered at P.—M As we have IX; -ted out, that restriction acts as a dam in a rural area consistort with tentative log., -.range plans, 2 I nnin;es formula seems to .gave been used in a gw:tionable manner. The cree...: in many places cannot be ,057 (,a figure representing ve.•,• heavy vegetation) Than is a question whether the r nr�..dng s formula should be LLVI to measure blockage or to measure smoothness., Compan`jan .measures could increase d>�;rable vegetation in order to lower all flood pea' T:he purp,)se of dredging an i coding creek is not to increase smoothness br t.. -ean out :;edim-nt. In the le. run, shoring and planting will help holy'. the banks, provi(ing the proper corse -ation of the banks of a deepened and clearor'. channel', 3, (a) The Oct, "s'? report s�e)rsa Any lrnrge expenditure of fire.•.; that provides creek capacity for Q%iy a modest Storm would not conform with po?icus generally by flood _O=.'O1 agencice s throughout the united States.," From the Journal of. Sal and Water Conservation, thrch=April 1974 (p,.SS) In Your er,,X of cluar-inel�dredi;ing , SCS Administrator Kenneth Gran said, inly c:ouldn ::a11 some of the natural stream vre work ma beautiful at least nAt in the way i define the term. Arany of them are cloL',od with 9 sediment, itAllen trees and branches, and all kinds of debris'. Sta;ams like that hoin :Lost their capacity to Cary wader away and you havp_ to restore their channels if you wane: to prevent floods,e (b) The report also discusses tea entire project in terms of Costj'B,Ilefit analysis, In the July 1972 pubiicatic;a of the U.S, 11ater Resources Coll foIci' the 7'louring appears ori page 80. If social vZIl-being is droTfped as a major M '.konal objective, h(►r e' -se can planners prepare to meet the eventualit} .)? the 100 year flaxi or storms Of a larger magli.tude? Hour else can planners IX61ize water aesoutms to alleviate a threatened energy crisis? HV:' else Coo planners make I he ,rater resource programs responsive to long -r-. -age social n-cds? 4. Mayor Czarnecki and others have as`,ed that current out •;f pocket cuss be subtracted from the costs of.the presently proposed project., (,_,lculatiors re so vagim and uaclear tlmt wo wee ui.atile Lo- understand if hat subtraction has b made. Does it take eight trucks to dredge 300 feet per day? After contract the bricks°on Burlington f6f140,000 the'rates'seem,cheap- but'how much does front end loader or drag line"cost outright? Could either be used for other purposes (ie„ cleaning:Willow Creek`or putting in sewer lines), 5. In the October 11th repout the following quote appears: a It is simply impossible to justify the expenditure of several hundred thousand dollars if a 50 year storm will render these inpromments = td'orthless. This assumption seems invalid. The flood level of larger storns would also be lowered by dredging and cleaning,. We have always talked about continual cleaningAdand maintenance, which would continue. during and after the sz t"'� ation of dams„ Until recently the approach to RAIston Creel: problems has been narrow„ The recommenda- tions made by citizens for many years to consider Watershed Development, sanitary] sewers, and bridge construction„ This renewed effort at citizen participation should not be labled short-range or limited. It has been a decade since discussions in this r3om ha4t caught up with the Soil Conservation statement in 1965 that: [Nater problems,, in the last analysis, are watershed problems. A watershed :is any area of land that drains into a particular stream or body of water. Small stream , of course, flow into larger ones, so the entire country is a patchwork of small watersl?eds making successively larger ones. (' U To the Honorable Mayor and Members, o£ the City Council of Iowa City, Iowa: In a recent issue of the Press -Citizen Mayor Czarnecki was quoted as having said at a Council meeting that he would oppose dredging and clean- ing of Ralston Creek as an itterim solution unless the benefit could be demonstrated. I am writing to say that I hope that all members of the Council will be of the same opinion. With the present scarcity of money and the high cost of everything, we can't afford to spend tax money for something that would be of little benefit to the community. And we certainly can't afford one thing for which tax money was spent in Iowa City more than once in years past. The following paragraph will illustrate what I refer to: Some twenty years ago, when City Manager Roan was busily engaged spend- ing tax money having something useless done in connection with some of the manholes in the Ralston Creek sewer, a bystander is reported to have said to him, "Now Pete, you know that isn't going to do any good"(it didn't). Mr. Roan is said to have replied,"I know it wont, but when the people see us working it 'ill keep 'em quiet for a while." We can't afford to spend tax money just to keep some people quiet. I am not a member of the Ralston Creek Action Group, and I haven't attended any of their meetings. I want to keep myself free to publicly agree or disagree with the leaders of that group. A member of the Ralston Creek Action Group recently wrote (and I assume filed with the Council) "The Recent history of Ralston Creek Problems". I have written, and am attaching hereto, "A history of the Sanitary Sewer System in Southeast Iowa City". I thought this might be of some help since neither - of the present Council members, the Acting City Manager or the Public works Director were in office at the time the State Board of Health made an inspection of the sewer system in southeast Iowa City and issued certain orders. This was in 1965. I agree with RCAG (Ralston Creek Action Group) that Ralston Creek has been neglected in recent years and that it could stand some cleaning -- but not $100.000. worth if that would only reduce the flood level by 1 to 6 inches. In southeast Iowa City back-up of sewage into basements during rain storms is the type of damage that has occurred most frequently here, and that has caused the greatest monetary loss and presented the greatest health hazard. IUddo nat agree with the leaders of RCAG (who sometimes say and sometimes imply) that flood water in Ralston Creek is the cause of the sewage back-ups. Extensive tests made by city crews have deter- mined that is not the case. In 1960, according to news items in the Press -Citizen, City crews made extensive checks in an attempt to determine where the problem of sewage back-up was arising. Ralston Creek was dammed temporarily in several places to raise its level above that of the sewer line to determine if water was getting from the creek into the sewer. There was no evidence that it was. Those tests ruled out sources of storm water in the trunk line OM 3 ' 1974 ABBIL S i OLFUS CITY CLERK Council, Page 2. 10-30-74. sanitary sswer'except for home storm drainage, such as downspouts connected to the sanitary sewers or home drains in yards or drives. And, as Public Works Director Lane Mashaw noted, " Anyone who's watched water pouring out of a downspout during a heavy rain can see that it wouldri!t' take many to fill a sewer line." Mr. Mashaw also noted that the City could save a lot of money -- both in construction costs of new lines, as well as in damage to homes from sewage back—up, if violations were eliminated. A July 24, 1969 editorial in the Press—Citizen said in part: "Raw sewage not only is extremely annoying; it is a definite health hazard whether it is on the street or in the basement. In,a modern city, these conditions simply should not exist, even under adverse circumstances. Residents have been promised relief, but the problem continues to exist." And spend— ing money on Ralston Creek will not solve the problem. If I have the correct information, residents are being; told by the staff that the present sewer lines in southeast Iowa City are adequate as sanitary sewers, and that the overloads are caused by storm water which comes into the sewers through illegal connections. In that case solving the sewage back—up problem shouldn't be expensive. It could no doubt be financed largely by fines levied against those citizens whb are so incon— siderate of others that they illegally dump storm water into the sanitary sewer, knowing that it will mix with sewage and back up into basements down stream. It is very probable that a considerable number of people in Iowa City don't even knots that they are violating the law regarding storm water. If the City were to give wide publicity (press; radio; t.v.) to the provisions of the State Plumbing Code and the local plumbing ordinance regarding storm water, it is highly probable that there might be a surprisingly large number of voluntary disconnections. At any rate, it would be worth a try. And, of courme,`-Violators should be given ample warning before the fines provided for by law were levied. One important question which the Council members should ask themselves now as they werk on the budget- is this: "Can lnwa City afford to build sanitary sewers and a sewage treat&ent plant that are large enough to handle both sewage and storm wat6r?" viii regard to the "demands" of the Ralston Creek Action group, may I respectfully suggest to your Honorable Body that you consider proceeding with caution_ -rather than with haste? 1530 Sheridan Avenue. P.S. -- In my opinion, keeping sewage out of basements and 6ht of the streets should have first priority, regardless of whether it means enforcing the State Plumbing Code or building more and larger sanitary sewer lines and a larger sewage disposal plant. Which would the Ralston Creek Action Group prefer? And Why? O LE -10,1.. OCT3 1 197+ ABBIE ST©LFUS CITY CLERK d;dont6xits of -b"" asen in -th4 1e'.1nr vourt $$ill were,` r r �4 ti l �y k overt Dyads when they . _saw the big machine start-�+ to dig on First:�Avenue. "etAt last."there. would.. be relief ' ; SS 1K �T . f tY {f'y 'E `ing rain jstorms or so;they„thoughtµ' Ori the ;other =hand, she. protest could hardly wait until xe Kould�get,agood rain Knowittg what was go on inCourtHill, itNwasnl'>t difficult tojpredict what: would happen. On ,September 20,>three weeks after{the new three-block long sewer completed, wehad a” 2:60'nch raintithat came doxnA fast. The'situat`lon much worseaeven ,than,thelpro�teetors hadpredicted. Basements filled`tt had never hadbaok ,up before (ands it wasn't Kater from the; creek) _ .Tt preasure.�mias;so5grea};thatinone°basement^thB stool blew up;_"taking it'a big E chuii7c^of thecement, asement`floor to 'which'; it-was'. attached at' least: one ,manholeonFirst Avenue the'ycontents were shooting 8; feet r. so- into the `air,, th t2e <manhole; cover floating around.on top. damage to contents of basementpjwas _ dtrifio; the" clean 'up; disinfectin and haulingtothe dumpwae pathetic:$ Th`e peopl`�e took ""shots" and so fortunatelyX, there Was ,no„ diseasaepidemio ae a Tesult "-of` this e, apexien For the information°of Kthe Couricrl i am` attaching hereto (page 3 original: letter frommathe .,Statei<Board of Health to` me ;;; This y :be kept for the City! s zfiles The rreaderwillnotej Ethat* the Health Board made oertain;recomtdendations to' the ;Counawzth re ardrto're ring dis .v ="� k nx jos '4 q g i aonnectionof'all legal;sconnecti'ons �to'the isanittary ';sewers, but` now, 9 years later�t ppears' to bersLillwaitng.to' be done. The saut2ieset atid� Rundell (Street trunk sewer referred -t o, in the «c x Board!s�letter was" construe ted+>n'1966 °67 `but Kit didn'tgo all;_the w. 1 to the sewage :plantIt,'rentµ Only as far; as a large manhole in ::the ?110 block�ofsEast _JeYfferson Street,; w 3.chl, m hole was conriected:;to a`Jeffer Streettrunkti serer which{#irasy'alreai]yso ;overloaded even in . flow that ,during partsrof the da "itwas't'. feather; r d� scharg"g raw selvage" direct into Ral ton Geek nears the,-�sewage�,plant -".Besides, after 't2ie'" Rundell StreetFtrunkiline xas,constructed, •the sewage from Bon Aire Trailer Coi from some of the indi�strlal plantsand 5yakeside Apartments <was_'sent dosii Rundell Street�to ;the7effersonStreet=manhole, w1. 1hereas previously it h been sent straight across,toythe•tsewagB plant by's way of the: Pine Stree'; sPumpingr .gtatlOIl.r- _ t' f'• t u w— f v'`r r �' L t- R F' SiY; �.` * 'e� j y 5 _ ilk- One( ar i u �c i t s,v c men'whoYsupdrvised�the>zcons truction of the Rundell Stref trunk. sewerrzs3report d oto 7have told ti •standers that this •sewer was the y3 wor'stengineering, ,that ,their firm�had� eve^,seen In spite; of all t7ia1 thsz sewer d� d kcarxyall ofd they sewage(As,,far as the •Jefferson `Street -,.i hal"� duximgdrytxBather�flotir. `Duran rain storms the sews a back up a in 'so�he yp$ats of,'the area appeared Eo�be worse than it: had been _before (The sewer inry,home Yhas 3rievers'3backei� up:) v:'Li ut 1971 another �0-1nch':�,trunk sewer was ,constructed from the ] �, tBoc est Jefferson Street to the�dis oval plant In"parts of:RundE t the3sewage stz11 backs.,up>into.basements; BBQICET3S:T� �O�LfeeaUS�7y� on De�. m nb.�r�na s,< Bring rain stor ms ane 'se he`�Cit hit, o g v t"�i �y � � �ai� 39� tp �� 4� P� t 4�r +•r v r r'� ^� Written b De z 1 �..' <('(T,Y.Zla �A {ir] e aounoil—Page,3 3oWa btate department .,of J9.eaitb ARTHUR P. LONG, M.D., DR. P.H. ACTING COMMISSIONER DES MOINES, IOWA 50319 July 30, 1965 Mrs. Della A. Grizel 1530 Sheridan Avenue Iowa City, Iowa Dear Mrs. Grizel: This is in response to your letters of July 19 and July 27. As you indicate in your latter communication, definite action has been started in relation to the problem of the First Avenue sewer in Iowa City. The Health Department actions have included the investigation by Mr. P. J. Houser of this Department and the submission of a report to the City Manager of Iowa City, Mr. Carsten Leikvold. In the report, certain conclusions and understandings reached with the city officials were reviewed. Without quoting, these were in substance as follows: 1. A contract is to be awarded for the construction of a portion of the Southeast and Rundell Street trunk sewer to relieve the existing bottleneck. This contract is to be let as early as possible but not later than January 1, 1966. 2. If the City should fail to award the contract before January 1, 1966, the Department will be unable to issue permits for extensions of the sewers now discharging into this trunk sewer system. 3. The City is to conduct an investigation in connection with roof drains and the sanitary sewers in the area, and will require dis- connections if active connections are found. 4. There is to be compliance with the State Plumbing Code for any connections of subsurface drains to the sanitary sewers. It is understood that the essence of the report provided Mx Leikvold was transmitted to you orally by Mr. Houser at your home on the afternoon of July 15. I trust that the foregoing information is satisfactory for your require- ments. Sincerely yours, aii'u1 LL1 1 • LVll� Commissioner APL:ls 1' F a L E D OCT3 1 1974 ., Dr. P. H. A Public Health BSIE STOLFUS CITY CLERK - , va i 4F3 � . 1 i ' : w 1" ,� November , 1974 _7 - t -..,3 - r - 10. t - - EF- .. t t. r,r r 5IA - I y ✓ S ri _' _� .. -. r, t , ...j r �� - Y. r : Ci, Gk"ello� .f.. ' ,� .. i x �, } _,+ y xe�1.Cid1.ita i _; a 1�1;Acle: � Ltyyi DATE= November 6, 1974 TO: Dick PLastino, Director of Public Works FROM: Abbie Stolfus, City Clerk RE: Council motion. At their regular meeting on November 5 1974 the City Council adopted a motion directing Iowa City the Army Corp of Engineers relative togaLhe Staff to contact for fiscal year 1976_ Section _05 study Abbie Stolfus City Clerk o n m v D m C) v Z k _ s ® r- t D m v DATE: November 6, 1974 TO: Dick Plastino, Director of Public Works FROM: Abbie St-olfus, City Clerk RE: Council motion. At their regular meeting on November 5, 1974, the Iowa City City Council adopted a motion directing the Staff to contact the Army Corp of Engineers relative to a Section 205 study for fiscal year 1976. Abbie Stolfus City Clerk 1' RESOLUTION AUTHORIZING EXECUTION OF CONTRACT f, BOND WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with C. L. Carroll Co. of Des Moil EScopy of said contract being attached for. completion of Water Pollution Control Plant Improvements to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement With C. L. Carroll Co. Inc. li es Moines, owa 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting some. It was moved by nay; dsPn and seconded by arandt that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidsen X deProsse X White Passed and approved this 5th day of November , 19 74 . ATTEST: _�=�d.. City --Clerk L r;1 THIS AGREEMENT, made and entered into this day of 19 74 , by and between the Citv of Iowa City, Iowa party of the first part, hereinafter referred to as the owner and C.L. Carroll Company, Inc. of Des Moines, Iowa party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of August , 19 74 , for Completion of [dater Pollution Control Plant Improvements under the terms and conditions therein fully stated and set forth, and. Whereas, said plans, specifications and proposal accurately, and fully describe the .terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: I. That the Owner hereby•accepts the proposal of the Contractor for the work and for the sums listed below: ITEM DESCRIPTION TOTAL 1. Concrete (reference Specification Sec. 1.11) lump sum $ 3,679.00 ' 2. Mechanical & Electrical (reference Specifications Sec 1.12) lump sum 20,973.00 3. Grading & Driveways (reference Specifications, Sec. 1.13) lump sum 5,400.00 4. 70 ft. diameter secondary digester (ref. Specification Sec. 1.15) lump sum 33,477.00 5. Miscellaneous (ref. Sepcification Sec 1.14), to include all items not included in the foregoing items but necessary.to complete the requirements of the contract and make same ready for operation including_ startup lump sum 5,049.00 TOTAL $68,848.00 C-01 2 b. Detailed Specifications for COMPLETION OF WATER POLLUTION CONTROL PLANT IMPROVEMENTS c. Plans d. Notice of Public Hearing and Notice to Bidders e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions h. General Conditions i. Proposal j. This Instrument Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS' WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. C.L. Carroll Company, Inc. City of Iowa City, Iowa Contractor ^ (Seal) By (Title) ATTEST: �l .(Seal) By (Title) City Clerk , . (Titl ATTEST: (Title) C-02 (CompanyOfficial) ` • 1 That this Contract, consists of the following component parts which are made'a dart 'of 'this agreement -and °Contract as fully and absolutely as -if they were set out in detail in this Contract: a. Addenda Numbers None b. Detailed Specifications for COMPLETION OF WATER POLLUTION CONTROL PLANT IMPROVEMENTS c. Plans d. Notice of Public Hearing and Notice to Bidders e. Instructions to Bidders f. Special Conditions g. Supplemental General Conditions h. General Conditions i. Proposal j. This Instrument Above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS' WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. C.L. Carroll Company, Inc. City of Iowa City, Iowa Contractor ^ (Seal) By (Title) ATTEST: �l .(Seal) By (Title) City Clerk , . (Titl ATTEST: (Title) C-02 (CompanyOfficial) P8 -2A a Principal, hereinafter called the Contractor and ere znser INSURANCE COMPANY OF NORTH AMERICA e Legal title of the Surety ontractor as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa,.as obligee, hereinafter called the Owner, in the amount of Sixty -eight Thousand Eight Hundred Forty-eight and no/10 Dollars ($ 68134-3.00 ) for the payment whereof Contractor and Surety -bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated -),,-4,.,,f 19 74 entered into a Contract with Owner for ...Completion of [Dater POM -tion Control Plant Improvements. In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. Lop The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and .Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses .(even. though there should be'.a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The.Co�tractor and his Surety shall, in accordance with the provisions of Section 391 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of Two Years from the date of acceptance of the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of T;vo Years years from the date on which final payment under the Contract -falls due. PB -2 i` IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having con- tracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573,.Code of.Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS �� DAY OF, A.D., 19 74. . IN THE PRESENCE OF: Witness ^- C wu tnesf C. L. CARROLL CO., INC_ rincr3�ya INSURANCE COMPANY OF NORTH AMERICA urety Attorney-in-fact POWER 4F ATTOR�1� INSURANCE COMPANY OF NORTH Pu►I.ADEI.Pnr . VA. kNnob3 all men by tbe5e pre5ent5: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonvrealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to twit: "RESOLVED, pursuant to Articles :3.6 and. 5.1 of the By -Laws, that the followin;r Rltles shall govern the execution for the Company of bonds. undertakings. recognzances. contracts and other• writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, all Assistant Vire President, a Resident Vice President or an Attorney -in -Fact. (21 "Unless signed by an Attorney -in -Fact. such writings shall have the seal of the Cohtp:ury affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant secretary. when such writing; are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S.- after his signature). (:;) "Reaident Vice Presidents. Resident Assistant Secretaries :utd Attorney.-;-in-Fact may be appointed by the President or any Vice President, with such limits nit their authority to bind the- Company as the appointing officer may see fit to impose. (d) "Such Resilient Officers and Attorneys -in -Fact shall have authority- to act as aforesaid, whether or not the President, the Secretary, or both, be absent or invapac•itated. and ;hall also have authority to certify- or verify- copies of this Resolu- tion, the By -Laws -of the Company. and any affidavit or record of the Companv necessary to the dischar; a of their duties. (5) "Any such writing - executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint G. A. LaMAIR II., C. B. CONDON, C. J. GRANT, JR. JAMES F. NORRIS and JAPES E. THOMPSON, all of the City of Des Moines, State of Iowa its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and ill the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by any one of the said G. A. LaMair II, C. B. Condon, C. J. Grant, Jr., James F. Nortis or James E. Thompson, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of tate Company at its office in I'll iladelPhil, Com- monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said.. HUGH M. SINCLAIR .. Vice-l'lesident, has hereunto subscribed his name and Nixed the corporate seal of the said IiNSURXINCE COMPAPIY OF NORTH :VNIERICA this ..........I........ clay of. . ..... ... ..... jaqua.ry. .19._....72. (SEAL) INSURANCE COIMPANY OF NORTI{ AMERICA HUGH M. SINCLAIR__ Vice -President STATE OF PEDiNSYLVANIA 'Iss. COI:-NTY OF PHILADELPHIA 1 before the subscriber, a Notary 0.1this .__.. _ ..17th _.__ _day of__ .._. January....- A. D. 1'9 _..72 y Fublic of the Commonwealth of Pennsylvania, in and for the County of Fbi!adelphia, duly conunissioned and clualifie , came HUGH M. SINCLAIR Vice -President of the INSURANCE .................. . COMPANY OF NORTH AMERICA to me personally known to he th:: .;1.117i•lual and officer described) in, and who executed the preceding instrument, and he ackno... ledged the execution of the sane.:, and, being by me duly sv:orn, deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed tri the preceding itts! runtent is the corporate seal of said Company, and the said corporate seal and his signature as officer wc;e duly affix,:d and suh;cribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adoptee! by the Board of Directors of said, Company, referred to in the preceding ins�rument, is now in force. set my hand and afftxe,f my official seal at the City of Philadelphia, IN TESTIMONY WHEREOF, I have hereurte the day and year first above written. LILA E. BAILEY ........ .... ........ __. _ __. __.._.._.. .__._.... -Notary Public. (SEAL) .--oTrlmission eritires May 22nd, 1972 _1 i, the u.:cterslv�ned,',Assistaat Secretary of INSi n:1NCE COJSPANY OF NORTTi AMERICA, do hereby certify that the original i'd!i`t-il_?vOh;ATTOI;NEY, of which the foregoing is a full, true and correct c;;;41 is in full force and effect. t;:.: amsc v:he'reof, I have hereunto subscribed Jn y name as Assistant Secretary, a xed the corporate seal of the Lc rpc;ation; a o • / I Viii eit\ ,/� 1 %• '1 / r Assi ant Secretary 11�SOLiTTION :. A RESOLUTION SETTING THE DATE OF INITIATION FOR AN AGREEhfNT q69 BETWEEN -THE CITY OF IOWA-CITY,'IONA AND OLD CAPITOL ASSOCIATES WHEREAS, the City, of Iowa City,. Iowaacting as the local Public Agency entered into an agreement on the 19th day of March, 1974 for the purchase and redevelopment of certain lands with Old Capitol Associates, a partnership organized and existing under the laws 1.ader the State of Iowa, and WHEREAS, Section 10 of that agreement, as amended, contained special contingencies, and WHEREAS, all of those special contingencies have now been favor- ably resolved, and WHEREAS, time references in the agreement are referred to as "date of initiation," and WHEREAS, "date of initiation" is defined in said agreement as "the date written notice is given to the redeveloper of satisfaction of conditions set forth in Section 10," NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that November 6, 1974 is the date of initiation for the purposes of carrying out the aforementioned agreement, and that the City Manager is hereby authorized to give written notice to Old Capitol Associates of such date of initiation. It was moved by White and seconded by Brandt that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X_ BRANDT —X_ CZARNECKI X DAVIDSEN X DE PROSSE X WHITE Passed and approved this 5th day of ATTEST: i City Clerk Nove41L�=, 1974 RESOLUTION NO. 7 4- 4 8 8 RESOLUTION WHEREAS, the City of Iowa City, Iowa, has negotiated a Release for Robert Hein claim, a copy of said Release being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said Release, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Release of Claim for Robert Hein. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by White and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed and approved this Brandt Czarnecki Davidsen deProsse White 5th day of November 1974 ATTEST: &L zz"L— City Clerk jo IOWA Official T -a m o. 4 cr xG AT10N _ FOR THE LEGAL EFFECT .- OF THE USE . Ome1O1 dorm -NO. 24- (TrN«M.,r �si.N. N a.;'tNs) OF THIS FORbI; CONSULT YOUR LAWYER I RELEASE The undersigned Cltp of Iowa City a municipal eorporatioa hereby acknowledge payment T44R�of the sum of — iPwa Tbonaand and ao/1¢3O Dollars (>_Z. 1Q0• lO ) in consideration of which payment we each do hereby release, acquit and forever discharge _— icGraw Edison Coxpany, I -Ova Illinois Mas and 2.1tactric, :Iansen Lind k1yctr InJ., umet J. _ZZo3'Wt1 Elactric Zi:c., tiaiver.sal ClAmatea Cont—ol lac. - and all other persons, firms and corporations, from any and all liability whatsoever, including all claims, demands and causes of action of every nature affecting us or either of us jointly or severally, which we or either of us may have or ever claim to have by reason of: (a) An accident or event which occurred on or about the 7ta day of App Ig69 at or near _ =`,arc7 ;:oaP_ital Iova Cit7, Iowa, when an s"losion o.:curred at said -- - — ILospital *.agile a -irs vas is progrese which cauaed injury to an or (b) IowA Citg p irc aa, Rnb3rt Hein. As a further consideration of said payment we, each of us, jointly and severally, hereby agree: I. That this release covers all injuries and damages, whether known or not and which may hereafter appear or develop arising from the matters above referred to. 2. That the above sum is all that we consideration has been made by anyone. or either of us will receive for our claim and no promise for any other or further 3. That this release is executed as a by the party and/or released, compromise settlement of a the disputed claim, liability for which is expressly denied parties and the of any or payment of the above sum does not constitute an admission of liability on part person entity. 4. That we are executing this release solely in reliance upon our own knowledge, belief and judgment and not any representations made by the party released or others in his behalf. upon THAT WE HAVE EACH READ THE FOREGOING RELEASE, AND UNDERSTAND ITS TERMS AND FREELY AND VOLUNTARILY SIGN THE SAME. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated at _- Witnesses: , Io n city this --_day of —_-. Uovember CAUTION: THIS IS A RELEASE—READ BEFORE SIGNING! CITY 07 IOWA CTTYL 13'WA i r -silty Clur& -:�= 19 74 F 3Li _•iii 1' �°. - 24. RELEAse . - TTN ntoMtp %gwmtyr 3). 1244 BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to promote the health, safety and welfare of the citizens of the City of Iowa City by setting a speed limit on a portion of First Avenue. SECTION II. ESTABLISHMENT. The speed limit on First Avenue from the inter- section of the Highway #6 By -Pass to the intersection of the Chicago, Rock Island & Pacific Railroad tracks is hereby set at 35 M.P.H. SECTION III. REPEALER. Any and all Ordinances or parts of Ordinances in con- flict with the provisions of this Ordinance are hereby repealed. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole or any section, provision or part thereof not adjudged, invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by Brandt and seconded by Davidse n that the Ordinance as read be adopted and upon roll call there were AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidson X deProsse X White ATTEST: , CITY CLE Passed and approved this 5th day of November 19 74 . 1st Reading /a -/S-_ 1,-, ,—_ o 2nd Reading /p_ 29-741 Ty 3rd Reading /�- y - 7 TO - WHEREAS The City of Iowa City, Iowa, has established a sanitary landfill pursuant to State law and said landfill has been approved by all agencies of the State of Iowa whose approval is required, and WHEREAS The City of Iowa City has negotiated contracts for the use of said landfill by other municipalities a copy of said proposed agreement being on file with the City Clerk, and WHEREAS The City Council deems it in the public interest to enter into said contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA 1. That the.Mayor and City Clerk are hereby authorized and directed to execute sanitary landfill contracts with the following: Iowa State Highway Commission for use of City Landfillon the same basis as is being made availableto other agencies. 2. The City Clerk is hereby authorized and directed to certify copies of said agreement as required by law. It was moved by White and seconded by Brandt that the Resolu- tion as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X X X X Brandt Bonmtk Davidsen Czarnecki Rtdkxxmm deProsse White Passed and adopted.this 5th day of ATTEST: L. City Clerk 1974 November M= Mayor ' THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, a Municipal Corporation, hereinafter called Iowa City and Iowa State Highway Commission hereinafter called Iowa State Highway (om,ni�sion WHEREAS, Iowa City is the owner and operator of a sani- tary landfill designed for solid waste disposal; said landfill being located in Johnson County, Iowa; and WHEREAS, said sanitary landfill has received the approval for operation by the Commissioner of Public Health of the State of Iowa, as prescribed by Chapter 406 of the Code of Iowa; and WHEREAS, Chapter 406 of the Code of Iowa further requires that every city, town and county Of the State of Iowa shall pro- vide for a sanitary disposal project for its residents, approved by the Commissioner of Public Health and further provides that said governmental entities may contract with another government entity for the use of its approved project; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa and Section 406.3 of the Code of Iowa, Iowa City and Iowa State Highway Commission wish to enter into an agreement that Iowa State Highway Comm. may use the facilities of the Iowa City San- itary Landfill or Sanitary Disposal Project. NOW THEREFOR BE IT AGREED BY AND BETWEEN Iowa City and Iowa State Highway Commission as follows: 1. TERM. That the term of this agreement shall be for a period of three years, commencingwith the date of this agree- ment, unless terminated as provided herein. 2. TERMINATION BY IOWA CITY. That this agreement may be terminated by Iowa City by giving notice to Iowa State Highway Commission in writing as prescribed in this agreement one (1) year in advance of the date of the proposed termination. 3. TERMINATION BY That this agree- ment may be terminated by Iowa State Highway Comm. by giving notice to Iowa City in writing as prescribed in this agreement ninty (90) days in advance of the date of the proposed termination. 4. EXTENSION. That this agreement may be extended by the parties upon the execution of an extension agreement. Said exten- sion.agreement shall specify the period of the extension and the service rates or charges to be paid by Iowa State Highway Commission to Iowa City and may include such other terms and conditions as the parties agree to. 5. JURISDICTION AND OPERATION. The sanitary landfill or sanitary disposal project which is the subject matter of this contract shall be operated by Iowa City and shall be under its exclusive jurisdiction and control, subject to State and Federal regulations. Iowa City agrees to operate said sanitary landfill or sanitary disposal project as required by law and State and Federal regulation, but in the event that a determination is made pursuant to law or State or Federal regulation that said project is not being operated as required and a valid and legal order is entered, cancelling or rescinding the approval of the operation Of said project, this agreement shall be automatically terminated and it is understood and agreed that Iowa City shall not be res- ponsible for any damages incurred by Iowa State Highway Commission as a result of Iowa City being unable to operate said project because of the cancellation or rescission of approval for the operation of the sanitary landfill or sanitary disposal project by Iowa City. 6. OPERATION COSTS AND FINANCING. Iowa City shall be res- ponsible for all costs incurred in the operation of said sanitary landfill or sanitary disposal project and the only costs to be incurred by Iowa State Highway Commission are the rates or service charges enumerated in paragraph 7 of this agreement. Iowa City shall be responsible for all financing involved in said operation and the entering into this agreement in no way obligates Iowa State Highway Commission as to financing and Iowa State Highway Comm. in no way is acting as guarantor nor pledges any of its credit or tax revenues or other revenues except to pay the rate or ser- vice charge enumerated herein. 7. RATES AND CHARGES. Iowa State Highway Commission shall pay to Iowa City a price per ton for solid waste delivered to the Iowa City Sanitary Landfill or Sanitary Disposal Project by co- mmercial haulers designated by Iowa Stnt�Highway Commission as computed by the following formula: All charges shall be based upon an annual cost figure to be calculated by Iowa City based upon the cost per ton of all solid waste delivered to the sanitary landfill during the year. The total annual cost shall be divided by the number of tons fo solid waste delivered to the sanitary landfill. Total annual cost shall include the following: a) All personnel cost of individuals working at the site; b) All equipment operating costs at the site including fuel, maintenance, spare parts --arid insurance and all other equipment costs and repairs; c) All operational costs of the site, including clean up and maintenance provided by any other division of the Public Works Department or other department of the City; d) Capitalized cost of equipment based upon a five year life and the capitalized costs of any capital improvements, in- cluding fences, buildings or other structures, including scales, etc.; e) Capital costs for initial excavation and future excava- tion at actual cost; f) Debt service costs on the retirement of General Obliga- tion Bonds sold to finance the project; and g) Administrative costs estimated for the City Manager, Finance Department, Public Works Department, Legal Department, and Planning Department. After establishment of the cost per ton on an annual basis, there shall be added a ten per cent (103) surcharge. Said sur- charge to compensate Iowa City for future landfill site expenses. The above rate shall be charged for all commercial, construc- tion or industrial haulers from Iowa State Highway Commission as designated in writing. No commercial, construction or industrial hauler not designated in writing by a governmental agency shall be allowed to deposit solid waste at the sanitary landfill. Casual loads delivered by residents on a non-commercial basis may be delivered to the landfill without load charge, except that Iowa City reserves the option to institute such a charge if the facts at a later date warrant such a charge. All charges shall be apyable on a quarterly basis as billed, pursuant to Section 9 of this agreement. On the basis of an esti- mated cost. At the end of the year Iowa City shall calculate the -4 - Agreement actual cost and correction shall be made as to either a credit oradditional billing. Estimated cost of operation shall be the actual cost for the preceeding year. 8. NOTICES. All notices required by this agreement to be made to Iowa City shall be made by mailing by ordinary mail a letter to the Director of Public Works of Iowa City, at said Director's office in the Civic Center, Iowa City, Iowa, 52240_ All notices required by this agreement to be made to Iowa State Highway Commission shall be made by mailing, by ordinary mail, a letter to Resident Maintenance Engineer, P.O. Box 427, Iowa City, Iowa 52240 All notices shall be effective -upon receipt by the addressee.. Nothing contained in this paragraph shall prevent additional or other notice being given and giving notice which would ex- ceed the requirements of this.paragraph.but the requirements of this paragraph shall be the minimum requirements for notice under this agreement. 9. BILLINGS. Iowa City shall bill Iowa State Highway Commission on a quarterly basis as established by the Finance Depari=ment of Io,. -,a City. Billing periods may be adjusted to a monthly basis or for other periods, but shall not be for a period less than one month. All billings shall be due and payable within thirty (30) days of the receipt of said bill. Failure to pay billings may be grounds for cancelling this agreement by Iowa City_ It is under- stood and agreed that these billings are charged to Iowa State Highway Commission and not its designated haulers and Iowa State Highway Commission is responsible for thea p yment thereof and failure of its haulers to pay Iowa State Highway Commission does not relieve Iowa State Highway Commission of its obligation hereu;:der. 10- COMPLIANCE WITH LAW Iowa State Highway Commission shall be responsible to see that all designated haulers from Iowa State Highway Commission shall comply with all applicable ordinances., statues, regulations of any municipal-, county, state or. fe(Jei-al <Zifr I I r''/, or jurisdiction and if said haulers or a hauler from [owa State Hioh:,rav Commission repeats any violations, t=his may be grounds for to �Linating this agreement or for refu- sing to allow a designated hauler to deliver to the Iowa City sanitary landfill or sanitary disposal project. 11. NOTICE TO =,L`-iISSIONER. It is understood and agreed that this agreement is intended to be compliance by Iowa State :(1r,il:,iay Commission with the requirements placed upon Iowa State (i_,,hway Commission by Chapter 405 of the Code of Iowa, and the regu- lations of the Commissioner of Public Health and that a copy of -1-:is agreement will be filed with the Commissioner of Public Health and it is further agreed that in the event either party terminates this agreement that a copy of the notice of said termination shall be forwarded to the Office of the Commissioner of Public Health. 12. DEFAULT. In the event that either party to this agree- ment breacnes any of the terms and conditions hereof, the other party may elect to declare this agreement to be in default and terminate same by giving ten (10) days notice thereof. If the par�v in default fails to correct its breach within the said ten day period, the contract shall be automaticdlly terminated. If t^e breach is corrected, the contract shall continue on its r_eg?_:lar terms and conditions. 13. RECORDATION. This agreement shall be filed with the Sec-retary of the State of Iowa and. the County Recorder of John- son County, Iowa. Dated this OF IOWA CIT'? C:ZT 1st day of October 19 74 . 4L :L J. e BY:.. / i� . r its-�i---, zzlk :,)W a 1 _ .h r+•i � .LiJ -5- Agreement Cn this 1st day of October , A. -D., 19 74 , before , the undersigned, a Notary Public in and for said County, is said State, personally appeared �. :i.: -i �.'.,=-t-.. ( ��^ and to me personally known, who, being by me duly sworn, did say that they are the Mayor and Cit_ Clerk, respectively, of said City of Iowa City, executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of the Citv of Iowa City, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. Subscribed and sworn before me on this 10th day of October, 1974, personally appeared Maurice F. Burr, Resident Maintenance Engineer for the Iowa State Hig'zway Commission. the State of Iowa i -5- Agreement Cn this 1st day of October , A. -D., 19 74 , before , the undersigned, a Notary Public in and for said County, is said State, personally appeared �. :i.: -i �.'.,=-t-.. ( ��^ and to me personally known, who, being by me duly sworn, did say that they are the Mayor and Cit_ Clerk, respectively, of said City of Iowa City, executing the within and foregoing instrument; that said instrument was signed on behalf of the City of Iowa City by authority of its Board of Directors; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of the Citv of Iowa City, by it and by them voluntarily executed. Notary Public, in and for the State of Iowa. Subscribed and sworn before me on this 10th day of October, 1974, personally appeared Maurice F. Burr, Resident Maintenance Engineer for the Iowa State Hig'zway Commission. the State of Iowa RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS AND REMOVING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish or remove said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: Intersection of College and Dodge Streets stopping traffic on College WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: none NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: Intersection of College and Dodge Streets stopping traffic on College B) That stop signs are hereby removed at the following intersections: i IL•fiia C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. c' AYES: NAYS: ABSENT: X Brandt eaxnmii Davidsen Czarnecki Hickeracm deProsse White Passed and approved this Sth day of November , 1974 ATTEST: City Clerk a\� RESOLUTION NO. 74-491 RESOLUTION ESTABLISHING STOP,.SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS AND REMOVING STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish or remove stop signs at designated intersections in Iowa City, Iowa, by Resolu- tion, after determination that it is in the public interest to establish or remove said stop signs, and WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: First Avenue and Lower Muscatine at all four legs of the intersection WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the following intersections: none NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: First Avenue and Lower Muscatine at all four legs of the intersection B) That stop signs are hereby removed at the following intersections: none C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. 1L was- moven by. I and seconded by iJavtusen. that the Resolution as read be adopted, and upon roll caTf--there were: AYES: NAYS: ABSENT: Brandt Commeli Davidsen Czarnecki Mickjaxi n deProsse White Passed and approved this 5th day of ATTEST: rML e City Clerk November 19 74 . a% RESOLUTION N0..74-492 RESOLUTION PROHIBITING PARKING WEST SIDE OF TEETERS COURT WHEREAS, the Ordinances of the City of Iowa City, Iowa, allow the City Council to prohibit parking by resolution on designated streets, and, WHEREAS, the City Council deems it in the public interest to prohibit parking on eeters Uourt in a Local Area to Faci itiate NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1) That parking is hereby prohibited 2) That the City Manager is hereby authorized and directed to cause appropriate signs to be posted to effectuate the provisions of this Resolution. It was moved by Brandt and seconded by Czarnecki that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X OcmxeM Davidsen X Czarnecki X JlAckemon deProsse X White Passed and approved this 5th day of November , 1974 . ATTEST: &//Z" City Clerk �j DEMOLITION $ SITE CLEARANCE.CONTRACT #4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract and bond executed by S.A.S. Equipment Co. of North Bergen New Jersey dated , 19• , for the construction of City -University Proj. Iowa R-14 Demolition & Site Clearance Contract #4 within the City of Iowa City, Iowa, as described in the plans and specifications and which have been signed by the Mayor and City Clerk on behalf of the City of Iowa City, Iowa, be and the same are hereby approved. It was moved by Brandt and seconded by White that the resolution as read be adopted, and upon roll call there were: wtLLt _ AYES: NAYS: ABSENT: X X X X X Passed and approved this ATTEST 5th day of Mayor November f 19 744 THIS AGREEMEWr made th i s ,2aA day of by and be- .een S.A.S. Equipment Company Inc corporation orcanized and existing under the 1aa:s of the State of New Jerse•, ) ';-�artr,arshTp-consistisry-�i" _ � ..^.-1"I13TVTdG3�-{T8�iTTrj-25 % reinatter"called the "CONTRACTOR" and the CITY OF IOWA CITY, IOWA _reinafter called the "LOCAL PUBLIC AGENCY", or "LPA" or the "C;TY', WITNESSEI'H, t: -at e Contractor and the Local Public Agency for the consideration stated herein rmut'ual - y agree as follows: TICLE 1, STATEMENT OF WORK. The contractor shall furnish all supervision, techni- al personnel, labor, materials, machinery, tools, equipment and services, including ,_ility and transportation and security services and perform and complete all work c:q`ired for the demolition and site clearance in an efficient and i,•:orknanli:-ce man- er, as fellcws: Contract 'lumber ll, Demol ition and Site Clearance, 'City -University Project, Iowa Proiect R-14, lo::a City, lova i1 in strict accordance with the contract dc:c!;m..ents for demolition and site clear co, n.;l!;dinn all Addenda thereto numbered and dated: Benda ?;o. Dated -'enda No. Dated �Jdenda No. Dated I:'._,-enda No. Dated e11 as vreparad by Shive-Hattery and Associates, Consulting we cant tact docu -nen-Ls for de...o l i t i on and site clearance, rr2-_r. Engineers, acting, and in referred to as the Engi- A T! CLE 2, TME CO3-JO+CT PRICE The Local Public Agency t•+i ll Pay the Contractor in c: -r-ent iuncl. sub!ect to ad1%41tions and d;:ductions as provided ir. the cc�ctic•1 107, l' :i•^ "' ''�\�'n.•.L CD'• �• :'�, P _ , and sul)�eC-t t[; x.11 Ot„�.r con. i- ,c:s in. the Work undar GENE" ND , i0.._ ART L L:-7;5 set forth In tf'e CCi'.tr ct d-OCUMent5, th surra of On -3 Uaindre0-?Jit,. Thou5_I_;l, One Hundred Twenty and no/100-..---------"--•-------_------------------•---- Col ;ors t. 1c:0, 12D.C' J I" c'•dC1;iOT1 t0 end _cibt_:`a the value of such sall."acaj matc!"fti5 •S:."C1 Imo.._ �Cti:: ii'a^_ Rf•L��:r-t`;' of the lrO�iii•'"CtCr, an6 In ai:C,;-dclnc .:it!i i�.?. I F;: ._'D l`:! ICE E.!:) SCr:FDULF submitte-6 ai:h the Contractor's bid. tE ?, CC:TF:::CT lips cxccuteci contract c:occ.;ierts s;::11 con>ist O. tie `.:ilU`:r3 A-1 01 ;:A a. This agreetent f. General Conditions, Parts i, b. Addenda Sidney II and III C. Invitation fo'r Eids and g• Special Conditions: said Agreement was duly signed Notice of Public hearing h. Special Provisions to the d. Instructions to Bidders scoe . f i ti c:a. ; ;rpore p,:•,ers. Technical Specifications e. Signed copy of aid i. Technical Specifications j. Drawings (as 1 isted lin the � Schedule of Dra•:iings) THIS AGREEMENT, together with the other documents enumerated in this Article 3, which said other documents are as fully a part of the contract as if hereto attached or here- in repeated, forms the contract betreen the parties hereto. In the event that Env provision in any component part of this contract conflicts :.ith any provision of any Other component part, the provision of the component part first enumerated in this Article 3 shall govern except as otherwise specifically stated. I"1 WITNESS WHEREOF, the parties her -.to have caused this agreement to be executed in five (S) original copies of the day and year first above written. ATTEST: i (For individual or partnership) _S.A.S. EQUIPMENT C 4PANY, !NO Ce.rtif;eation: (for Corporations) By , dney Ca: Kms) Street Address North Ber, (City and State I Y+ esiaet ' --•__-- N I ,. _ .Esther Cao , certify that I am the Secretak— o: tt.i�e CC: prz; ion rnmed- as Ccntractor herein, that Sidney Cao: ti*is'agreGment on behalf of the Contrector was then Presic1_gfLt__ Corporation; that said Agreement was duly signed __ for and io l f 0`)s i� J 'S'orporat i o,) by authority of its governing body, and is +•: i th i n the scoe . f i ti c:a. ; ;rpore p,:•,ers. (Cer.arat-- Seal ,• ' •) � �Es` —Se _ �`-- .. � TFFST • ` er i ap L r r TY hf"/. n,,;%r72) G _ �:. r. tary e=on):, A,r_trov� Viii tc rn 'y it c ;...__ ,.Er, .c:,:rl I. lu ATliN A-2 - r N■ tR 3 ALL MEN 3Y THESE PRESEffTS: That we, S r RACT as (name of contractor) -incipal, and ST. PAUL FIRE AND MARINE INSURANCE C014PANY as (namne or corporate surety) u:-ety are held and firmly bound unto the City of la.•ia City, Iowa, ane to all persa s 4o rn:-/ be injured by any breach of any of the conditions of this bond in the penal um of one Sixty Thousand, One Hundred Twenty and no/100---•------- 0o113rs SIS0,120.00 ), lawful money of the United States fcr the paynent of 1•:hich sun ell and truly to be made, we bind ourselves, our hairs, legal representatives and ssigns, jointly and severally, firmly by these presents. The conditions of the above obligations ire such that where the said S.A.S. Equipment Company, Inc. (nape of contractor) [ntered into a contract v: i th the. City o f i o:•;a City , i a::e, bea ri n '-he date of October 2, , 10 74•, vherein said S.A.S. Equipment Compat�y,Inc. name of centra`or) erta=ces and agrees to demol i 5h certai n bu i l d i ngs and structures l oc?ted u;;On cer- r real esta.:e, and clear, fill and/or clean said real estate asspecified ir: sal tract, acid to faithfully perform all the teres and requirements of said co.•trac_`:in the tir:ie therein specified in a good and v:orkr,•znlike manner, znc' in accordalze L;'l the p. n5 and Specification= attache:: to Said contract �.-d rra:ia a part It is expressly understood an' agreed by the principal and surety in this ba:ie, th•:,t h.e following provisions are a part of this bond arid are biz:-dinn v^on said pri::cl- ;> l i r::1 surety, to -v: i t: 1. 11-L t principal and sureties on this bond hereby agree to pay all cer- :orls, firms or corporations having contracts directly :•:ith the pri:lci„1 or i.ith subcontractors, all just claims due them for labor perTori-sec; or r.•sterial= furnished, in the performance of the contract ore c.count o which this bond is given, %-.,h--,i the same are not satisfied out o the portion of tile• contract price which the o;:b l i c. corporat i ori is require•? to re:ta i rr un- til cc:711aleL-ion of the public irrprovernent, but the pripcipal acrd sureties shall not be liable to said -arsons, f els or corporations _chess the c?air;.= o; said ciainants against said portion of the contract price sSa11 }:ave h<.i:-n established as provided by raC•` L. ''c�'�ry surety on tl:i= bond' shall be deemed anC'+ i'1 -_'.l• , any Go^`- -ee ti::: contrary nC•t.;itlSi2.ildln„ to consent with4::} notice: (A1, To arr1 extension of t i to thS conte-ctor in ornic%. to ?er- fora: the contract. (3) To any change in the P a ns, speci TicE: iorEI or CO -1 -I SlK'r Gacnra c!oas pot i..^.:�otva zn incrcd a c: more th- '�:Er:i}••-IVC: 7t. ,erj• f ti?-. c. S:rza1 i t'i--r Z: ,c!_ __-. i C: I 'C- O �'Ciui .:.Cent r -•'.t %'rl �C.> :J - _r� to su��l e_;c=acs i:l�r�as�. Pia- I kuI, .: 1P1G1.':I[U-PI uv-#�Iw":.v, be valid which limits to less than one year from the timelof the acceptance of the .Work the right to. sue on this bond for defects inworkmanship or material not discovered or known to the obligee at the time such work etas accepted." NOW THEREFORE, the condition of.this obligation is such that if t�n said principal shall faithfully perform the contract on his part, and strictlX comply with all requirements of said contract and all laws respecting maintenan6e and ra- pairs of public improvements, street improvements and sewers, and satisfy all claims and demands incurred for the Sams and shall fully ind esnify and save har less the City of Iowa City from all cost and damages which it may suffer by reasc•n of failure so to do, and shall fully reimburse and repay the City of latia City all outlay and expense %:hich it may incur in making good any such default, and shall pay all persons who have contracts directly w-ith the principal or subcontractors for labor or naterials, and said principal and surety shall keep and oer`crm all of the terms and conditions of said contract to be kept and performed by said principal, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Failure to specify or particularize shall riot exclude terms or provisions rot mentioned and shall not limit liability hereunder. The contract is hereby made a part of this bond. WITNESS our hands in duplicate this 2nd day oOctober 1:71. S.A.S. EQUIPriMIT CONPAW Pri By Sur INC. l • 1 ■ ttorney I COUNTERSrTNED: y 1 By: JJdent Agent tllzl_Iir, 'mculock, Condon Co. 140704 906 Walnut Street i Des Moines, Iowa 50316 y PB--'-, a�\ RESOLUTION NO. 74-49 4 RESOLUTION ACCEPTING THE WORK WATER TREATMENT PLANT IMPROVEMENTS CONTRACT NO. 2 WHEREAS, the Engineering. Department has recamended that the im- provement covering the construction of _Water Treatment P1 nt Improvements - Contract No. 2 as included in a contract between the City of Iowa City and Shay Electric of Iowa City dated _ Mav 18. 1971 , be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requ rgets for such inprovaTents, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by deProsse and seconded by Brandt that the reolution as read be adapted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this S t h day of November, 19 7 4 ATTEST: Oz" , 1) e Mayor 1 WATER TREATMENT PLANT IMPROVEMENTS CONTRACT NO. 2 ELECTRICAL AND PLANT CONTROLS November 5, 1974 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: Mr. Robert F. Erickson of Veenstra & Kimm, Engineers & Planners, and I hereby certify that the improvements, as constructed in a contract between the City of Iowa City and Shay Electric Services, Inc. of Iowa City, Iowa, dated May 18, 1971, has been completed by said contractor in substantial accordance with the plans and specifications governing said improvements. I further certify that the improvements, as constructed, included the following amounts: TOTAL CONTRACT AMOUNT $ 512,136.97 TOTAL PREVIOUSLY PAID 4602923.27 TOTAL DUE CONTRACTOR $ 51,213.70 Respectfully submitted, George R. Bonnett, P.E. Deputy Director/City Engineer GRB/mj c 1 WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewers in Bryn Mawr Additions, Part V, VI and VII AND WHEREAS, Maintenance Bonds for Rex Barber Excavating are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by deProsse and seconded by Davidsen that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved this ATTEST: Citv Cle 5th day of November , 19 74 Mayor // �/J I/ WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Street Improvements in Bryn Mawr Addition, Parts V, VI and VII AND WHEREAS, Maintenance Bonds for the City Clerk's Office, Metro Pavers, Inc. are on file in NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by deProsse-; and seconded by Davidsen the Resolution as read be accepted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White AYES: NAYS: ABSENT: X X X X X Passed and approved this Sth day of November 1 lg 74 ATTEST: City Mayor that ENGINEER'S REPORT November 5, 1974 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office. 1. Sanitary sewer in Bryn Mawr Additions, Parts V, VI and VII, as constructed by the Rex Barber Excavating Company of Cedar Rapids, Iowa. 2. Concrete paving in Bryn Mawr Addition, Parts V, VI and VII, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above improvements be accepted by the City of Iowa City. Respectfully submitted, George R. Bonnett, P.E. Deputy Director/City Engineer GRB/mjc THE 'FOLLO`+VING RESIDiNTS 'ON 'KII2KWOOD' AVE. ARE AGAINST ANY", WIDENING ; OE KIRK'.^JOOD AVE NAME ADDRESS t4 22 n � ! f 0 , aX t L7•�w - ` F �aJi � gal 1,41 1� - 37 L :i `e rn l dcVe5�dns eF;1Loo AJe tF A3 79 gal7(13 r G i e15, Y pie r5 4 —d L. J I v M �P r � 1 S I j _ f r ; t ' 1 4i . x 4 F=1 1 i b - z At Ats', November 5, 1974, .sleeting file yawr petition from the rest v r, Mra 7C: t oteningKirktaod 832'.IC3s t o nk you :fork bring3 nrg .your :con nova C_f I 4 sl `M Dannia R.. Ysaft Dear 5 Tt 2 of£iciF )r denCs"'t street �K Avenue] 1 4' Y�j .1' A _ - - ✓IWImii t f tic 1 f { e15, Y pie r5 4 —d L. J I v M �P e15, r5 4 —d L. z • November 7 1.974 3t f ' 1 4i 4T !4 At Ats', November 5, 1974, .sleeting file yawr petition from the rest v r, ati'yppois�i}le m3deninq `of that n oteningKirktaod t o nk you :fork bring3 nrg .your :con ati ention?of;the;City Council I 4 Sincerely,, Dannia R.. Ysaft Actiing'City Manager )r c- OFFICE OF THE /RESIDENT October 29, 1974 To: Mayor of Iowa City Iowa City, Iowa 52240 Subject: Notice of Revisions to Gas Rate Schedules to be Made Effective November 1, 1974 Notice was given October 2, 1974 that on September 201 1974 we filed with the Iowa State Commerce Commission proposed increases in our aas rates. to become effective October 31, 1974. Pursuant to Commission's order dated October 18, 1974 these filed rates are to be made effective November 1, 1974 subject to refund of those amounts in excess of amounts finally determined to be reasonable. RMH:nb Very truly yours, R. M. Hetherington Vice President -Operation CA U 0 OFFICE OF THE PRESIDENT 1 • r IOWA -ILLINOIS GAS AND ELECTRIC COMPANY DAVENPORT, IOWA October 29, 1974 To: Mayor of Iowa City Iowa City, Iowa 52240 Subject: Notice of Revisions to Electric Rate Schedules to be Made Effective November 1, 1974 Notice was given October 2, 1974 that on September 20, 1974 we filed with the Iowa State Commerce Commission proposed increases in our electric rates, to become effective October 31, 1974. Pursuant to Commission's order dated October 18, 1974 these filed rates are to be made effective November 1, 19711 n.. 1.�.�VL 1.n r�F �� ..F L1�r.. •a �....i,. �� r....•. ,-•,+r n.h �•Mw i -r ✓�•✓J✓ VV LVL .y Vi �..vVv MmV Vl, 4n✓ .♦ `I.VV✓✓ Vf •v ♦✓✓ finally determined to be reasonable. Very truly yours, R. M. Hetheringto Vice President -Operation RMH:nb .---POST, OFFICE BOX 4950 206 EAST;SECOND:STREET,{DAVENPORT, IOWA 52808 319.926-7100 REGION Vn Room 300 Federal Office Building 911 Walnut Strect Kansas City. Missourl 64106 Honorable Edgar Czarnecki Mayor of Iowa City City Hall Iowa City, Iowa 52240 Dear Mayor Czarnecki: IN REPLY REFER TO, 7.2PMC (Workable Program for Community, Improvement) With the passage of the Housing and Coml1lualLy Development Act of 1974, a revised Region VII (Kansas City Region) Workable Program policy has been established. While the legislation requiring a certified Workable Program for Community Improvement to receive urban renewal and renewal associated program funding was not repealed with the passage of the Housing and Community Development Act of 1974, the requirement for a certified Workable Program will expire on December 31, 1974, with one exception. That exception is in the case of those communities that have approved ongoing urban renewal projects and that wish to make substantive changes in their project(s). Such substantive changes relate to new acquisition, rehabilitation, and site improvements. In all such cases a certified Workable Program is required. For amendments relating to administrative and related costs necessary to carry out activities already approved and budgeted, a certified Workable Program is not required. The Housing and Community Development Act of 1974, while including much of the spirit and intent of the Workable Program, will better ensure the utilization of flexible Federal dollars to effectively implement locally determined priority plans and programs. unless your Community falls inter the exception category noted above, this office would discourage the resubmittal of a Workable Program application, and encourage the orientation of your staff to the interest and purposes of the Housing and Community Development Act of 1974. Should you have any questions concerning this policy, please contact Stan Quy,'Community Planning and M�I gement Representative, at (402) 221.-9465. -UY' J. Birch urea Director cc: Dennis Kraft, City Manager October 30, 1974 Mr. Edgar Czarnecki, Mayor Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Ed: On behalf of the League Executive Board and Staff, I want to extend our sincere thanks to you, your Council and the staff at City Hall for their concern, initiative and assistance during the League Annual Conference. Sincerely, Robert E.,Jo Executivef Di REJ:tlp ector President—George M. Strayer, Mayor, Hudson • Directors—Jan E. Albertson, Councilman, Sioux City; Herbert Belz, Mayor, Slater; Fred Benson, Mayor, Sheldon; Donald J. Canney, Mayor, Cedar Rapids; J. R. Castner, City Manager, Ames; Charles F. Eppers, Mayor, Keokuk; (Mrs.) Sonia A. Johannsen, Mayor, LaPorte City; A. E. Minner, City Clerk, Marshalltown; Richard E. Olson, Mayor, Des Moines; John Thomas, Councilman, Earlville; Sanford Turner, City Attorney, Clarinda • E7ecutive Director—Robert E. Josten S jNovezber 7, 19,74 4., A T aaobert E; jouten Direct Hunt League of Iowa Z4 444'' Ie 818 Dan IIona` Z Y., F _�CltyCbruncix? iiW.November. 6, 1974, meeting The of received yonr_ **b, .Iowa City's assistant' -Xfifiia OA N�half - of both the, City", Co4fiaiv"46d the CityStai!f -C -it wasour pleasure nference.. _v. e;bill from the Highlander tdd tb. tut v9 Board dinner. After itting'out-the:tax:for -the.. P. $4 Loocktails totals 5 ti! Tha Highlander for.yo hifi, ur, of J the" directly to dire Your ;may either ' send ;�qojjk"check s' Highlandi�r records.': on 0 of jend it, to titin,, .Mauna. 13 Citvto- e,* n'o on conferences and other 'in the future. seioinar13 Y" carely' Dennis"2f Acting C it y -Manager Ix . . ... .. ... ty at Novembe .-S-,,,1974, meeting , tits _file Coro letters :from Mr. R.M. Hetherington, company: 8isicorrespondence was regad'ding ' 0 --rate -schedules'.which r are to -be -made,".",; - F - rding_these'rata'schedule 3nareases.':zf z 8`roceive a gopy of .,the Leagua'.s position � LioVemUer ' 7 , 1974 3 ttention to'..this,request. 4 t F g � . i Dennis R.: 'Kraft _. Acting City..Manager, _ 5 Rhcecutiva :DirBator _ League{of`2owa Kunicipalitiss '444 , IasuzenceMio8,, Vfts MoinnsscilovWS03U9 j� . r Dear Hobe- !fir The'City Council of Ioira rsR� y o£ficwly reaaived and=place of -- ower Xllinoistdas & Electtr thea revisions to the gas & el effective.°{Novemb®ral,'�1974.�'- --Lea brie ta�cni a ,posit! ors ; r t2ti.s -pis tbd case, `coma ove Pl x _ regarding:„this mattes: Thank you }%r` your promp _ I r 4\ -DRKtmbm f z 14 '� yk �i J !� r� y� .E• t = h 1 ^ C. t 4 i I W,x ty at Novembe .-S-,,,1974, meeting , tits _file Coro letters :from Mr. R.M. Hetherington, company: 8isicorrespondence was regad'ding ' 0 --rate -schedules'.which r are to -be -made,".",; v ti: rding_these'rata'schedule 3nareases.':zf z 8`roceive a gopy of .,the Leagua'.s position � LioVemUer ' 7 , 1974 3 ttention to'..this,request. sincerely,; . i Dennis R.: 'Kraft _. Acting City..Manager, _ 5 ty at Novembe .-S-,,,1974, meeting , tits _file Coro letters :from Mr. R.M. Hetherington, company: 8isicorrespondence was regad'ding ' 0 --rate -schedules'.which r are to -be -made,".",; gthe?-Counai'9 -understanding thai._the rding_these'rata'schedule 3nareases.':zf z 8`roceive a gopy of .,the Leagua'.s position � 3 ttention to'..this,request. sincerely,; Dennis R.: 'Kraft _. Acting City..Manager, r; j� . r rsR� y ��-� � # k . i i1 -7 �� 3NI � N 4. !•'A2 t ub4-- ed Bl`obk of�the theSoplannin this '.k� pry -Kr✓' y i-sa�ila" "any J Z �.�ra r n �Y Y3 t t x e i pt. _ a :_ November °7•, 1974 7,1 ..y5 - - s l l r _ t t _ 7 w{ M :r Rap •B; Mossman� = Z Buainugs Manager &Treasurer 'fh® iSTliVBrsitp o€ ZOW8 - , "rte YsowB csty; za�►a=��saa.az� F ,; Csty at-its=November 5, 1974, meeting, on 'film your co=espnnclencea requesting x 86 the original town of Iowa --,f t -The city Caunoil�of Iowat `' officially, received a plat R; Cbxciicil; .:; C£ty ioryEhe :use��d,benefSt reggsst hail been raf�zr®3 to _ revieeo and report back tone' s4 e rF �r you>!or brinapng `. City Council. Dennis. R. Kraft Acting City Manager f C " 3 f � L - _ } 3'- ai.[�K3 s� f" t J • i} > l �Jt r L il .f - a 1". yli � 4 f _ y., �Y �� ✓Itr t`f .l rt: j i r i..• sl - ��-� � # k . i i1 -7 �� 3NI � N 4. !•'A2 t ub4-- ed Bl`obk of�the theSoplannin this -1C•, i�•t;ypj�� rrt J y.. n �Y Y3 t t x e i pt. :_ November °7•, 1974 r - ..y5 - - l l r _ M :r a JYY:, Csty at-its=November 5, 1974, meeting, on 'film your co=espnnclencea requesting x 86 the original town of Iowa --,f ,of : 4staatqityofIowa. Your `' ..; Iall(3 - g riing� Commiasion� for R; Cbxciicil; i6attar' to the attention of the - s4 J Lo- t` Sincerely. ` Dennis. R. Kraft Acting City Manager f C � L - _ i t iY �C J • f Jt � V 1 � S _ y.. f Y3 t t v. l l DEPARTMENT NITY DEVELOPMEI� CITY OF IOWAC APPA A.110N FORM NOTE U2 APDL - SINCE THIS IS A COMPREHENSIVE APPLICATION FORM. ONLY ITEMS RELA &IR APPLICATInN(S1 ARF Tn RF Fu I FO. PLEASE TYPE no THOSE PRINT JFHONE: !IZE: PRESENT ZONING PROPOSED ZONING [ATION OR REFE ENC . PHONE: PHONE: PHONE: PHONE: of preliminary plat of final plan )le & 5 copies of final plan lap .ription i of land for public use i for approval by Council trs consisting of: :y's opinion -ance bond certificate !nt of County Treasurer ant of Clerk of Court ant of County Recorder int of Owner & spouse of paving _cate concerning improve- aite plan it site plan of intent by developer :o pave abutting streets economic feasibility effect of PC on surrounding impact of traffic by PC on ig streets _tional copies of plat are it not required THIS IS AN APPLICATION FORM ONLY. A LISTING OF OTHER SUBMISSION MATERIALS MAY BE OBTAINED FROM THE PLANNING DIVISION. NECESSARY :LOPMENT BLUE:APPLICANT FIRST PRESBYTERIAN CH U RCH 26 East Market Street, Iowa City. Iowa 52240 Phone 35/-2660 October 10, 1974 Mr. Ray Mossman Business Manager & Treasurer University of Iowa Business Office Iowa City, Iowa 52240 Dear Mr. Mossman: We are in receipt of your request to Mr. Robert Sierk, on the behalf of the University, regarding our congregation's concurrence in petitioning the City of Iowa City for the vacation of the alley between Clinton and Capitol Streets. The Session has discussed this matter, and passed a mo- tion approving the concurrence in this request of the Uni- versity, with the understanding that alley access from Clin- ton Street to the Church's parking area west of the Church, should be maintained, until final possession of the property is given. It was considered that the assurances of such ac- cess already given in your letter of August 7th provide ade- quate evidence of the University's agreement to meet our tem- porary access need. Sincerely yours Richard E. Peterson Clerk of Session REP:ks cc: Mr. Gibson Acting City Manager, City of Iowa City i1 August 7, 1974 L Mr. Robert N. Sierk Chairman, Site Sale Committee First Presbyterian Church 26 East Market Iowa City, Iowa 52240 Dear Bob: As you are aware, the contract between the�First Presbyterian Church and the University calls for possession by the University on or before December 31, 1975. Prior to that date it would be highly desirable to be able to proceed with plans for the development of the entire block on which the structure is located with the possibility of actual development of the west -one-half of the block. In order to accomplish this, it will be necessary for the University to submit to the City a ,request that the alley running:east and west through the block be vacated It has been a long-standing policy of the City that they will rot honor such a request as long as there is ownership other than the University in the block through which the alley runs. I did contact the City Manger and he indicated that as long as there is a contract to purchase by the University and if the congregation would a3ree, then he felt the ,City Council would consider a request from the University'to vacate at this time. I have determined that assurances can be'given to the congregation that access from. Clinton Street to the parking area west of the Church will be maintained until such time as possession is' gLven to the University. I looked at the,area one day recently and it appears to me that the exit from the lot is primarily to the south onto Market Street. I also looked and could"not find any signs which would indicate that the alley is only one way to the east. I will appreciate it very.•much if you will direct this letter to the proper•group Within the congregation for consideration. I v�ll be glad to meet with you or anyone.else'to answer any questions and to develop any type of.an agreement that may seem in order. ' Very truly yours, RBM:jld cc: Mr. Gibson Business Office THE UNIVERSITY OF IOWA IOWA CITY, IOWA 52242 October 14, 1974 City Council Civic Center Iowa City, Iowa 52240 Dear Council Members: The University of Iowa has a contract with the First Presbyterian Church to purchase its property located in Block 86 of the Original Town of Iowa City. The contract calls for possession to be given on or before December 31, 1975. I am forwarding with this letter a copy of a letter written to Mr. Sierk requesting concurrence from the Church in a request from the University to vacate the alley in Block 86. I am also enclosing a copy of the favorable response to that request. It is requested that the City of Iowa City vacate the alley in Block 86 of the Original Town of Iowa City to the State of Iowa for the use and benefit of the State University of Iowa. Very truly yours, /9 ?,j Ray B. Mossman Business Manager & Treasurer RBM:jld Enclosures cc: Mr. Gibson Mr. Richard E. Peterson y %,Id01 � lll`� + f yeQ 154<K LA/-., 4 u u ""7 `' of (9 s 11-1 o v, A -o 44% Qr0DoV-, - thc%,�emoiS1L lv\ 6L, S -Fu✓'-e - PL I k c- 4-ra n5 pu ✓ 4-4 In w v, 15 a1- -M a I I I wt w I L tV-1 44.v_ p o o r a vtJ -{ 4{ .P- I d..e ✓ vj,Lo 5 -1-- -Fre S L/ e 4- Y\ A Y"> I 1+ J � �s l h G Y ea Se • �} '4 ct —k 01 -a -w I �e V, + -e. G1-i� 15 PYe�a�recQ -,o c,,rv, v1,,1 II (o m s 0 h 0.-I-2vr.po%far y 5Olt., -1ov, 4v +-2 Ka 15 4-o h C v-ee k P ry b 1-evh y a V)�-• 5 L-) Y -e, vou Cav, CDvnz 10 w� 7O0 or 3 00 441,0✓5av,p( -�r vb1c -I-►—I( L,) S f o f 4'11 A-) a ►n . 90--O� a. ■ w F a / ` y � r ' s z OR) rJos low a3i Dear -1 offic. _ a 'prd; )h4ile:your:correspondence regarding.' The`1975'0perating Budget Extension t t o:concd=,to the attention: of the Y + a, Sincerely,, 4 _ z 5'' 1 De s: R. 'Kraft 2 h Aoting •.City Manager i y. s. 5 i i C• ; •4 E q � Y i w F ` t � r ' November 7, 1974 gtyiat its November 5, 19741 meeting;. )h4ile:your:correspondence regarding.' The`1975'0perating Budget Extension o:concd=,to the attention: of the E. a, Sincerely,, 4 _ _ De s: R. 'Kraft 2 h Aoting •.City Manager y. C• ; q Y'+ t < d t as Y.4 .4'-'Sw•x. ■ 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 following described locations: Green Cross #501, 118 E. Washington St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation 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 Department. It was moved by Brandt and seconded by Davidsen that the Resolution as read be adopted, and upon roll call there were: Rranrit Czarnecki Davidsen deProsse White AYES: NAYS: ABSENT: X X X X Passed this Sth day of Novembex 19 74 c , _.. RESOLUTION. N0._ 74-49R RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: Mike's Riverside Texaco S01 South Riverside Drive It was moved by Davidsen and seconded by 4"'�e sae that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed this Sth day of November, 19 74 con f e, i ,,preser, �and ,'Wf Kraft; -- -C site A Po . infE Mr. , ,.MP'c ry infor'ma I session n the civi S( ease: ssior ces-l-%c 0 -73; -Iv r 2•, X`.,i; i OJA ':, �a'Z \ 45�i. �i 1�, t .. ';♦ ) i :. f�, j R t"'1 �� .t Council Discussion .�'22i ;November 4 1974 } `to Johnson County.Social `Services and $29,281 nty,�lRegionaPlanning Commisssion. ons made were , no` fundsfrom;the Housing 'DeveTapmen Funds were used; Attorney's' ;City ied under Profe'ssi.on -Services.;- he Acting, City ;eave>:hirng of certain personnel to the new Housing' and yCommunity ;Development Act ;-'f unds a comprehensive plan would have to be tied rehensive Plan=; ;extent'of'parking revenue ,the to wsth the consistency of 'good enforece- i for„4Housing, Inspectors'. are an eligible ;area Laring Funds. ' )1scussion'ended on Page 16 z. liscussion on the budget was scheduled for giber 12th. 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V to T W C+ W rt CD B CD 0 rt 49 49 � r r F N N W A W V I--• O` t0 to N Y Y Y V Y I V Y V Ot /-+ 0% V A W to N O A r W NIli O to Ot OONO A 0T ?•COOA 00 00 tnO W O` 0 0 0 0 0 0 0 0 0 0 0 0 00000 0 0000 0 0 t0 Ot N f } rt 'L7 N to V Q C+ O O O H � to rt H l N W N� tD f,. N V W W W 00 t0 r• W I. W A ON tna W oDocnow 00000 � 00000 t9 M N y V N• A B w rt CD N y < rt r• w n N CD cn CD H r• n CD r• x r r• 0 H O H r w rt H to rt H O �O O tn O P. V to T W C+ W rt CD B CD 0 rt INFORMAL DISCUSSION NOVEMBER 5, 1974 4:00 PA The Iowa City City Council met in informal session on the 5th day of November, 1974 at 4:00 P.m. in the Conference Room at the Civic Center. Councilmembers present: Brandt, Czarnekci, Davidsen, deProsse, White. P bsent: None. Staff members present: Plastino, Hayek, graft, Pugh,-Stolfus, Wollmershauser, Maune, Neppl. Regional Planning:' Hilgenberg. Mayor Czarnecki announced discussion of: 1) Section 208, Water Quality Management Program, 2) Report on Ralston Creek, 3) Report on Greyhound Bus Depot reloca- tion, 4) Discussion of future bond issues, 5) Executive Session to discuss appointment to the Human Relations Commission. The Mayor noted receipt of a letter from Regional Planning and a report from the National Association of Regional Councils and commented that the Council needed to determine if the City is interested in the Section 208 Water Quality Management Program and in selecting the planning agency. The Staff commented on their inter- pretation of the applicability to Iowa City. Mr. Hilgen- berg advised that the Rathbun area had applied and that Mr. Zeigler of Kansas City Environmental Protection Agency would come to Iowa City for discussion. Director ..-•f Public Works Dick Plastino asked that the City look at the implications carefully. One suggestion was for the Staff to investigate alter- natives, and if we can afford to be involved. Director of FinanceJoePugh stated that the decision on this pro- ject was important because of the evaluation study in capital improvements program in the same two year period. The Mayor noted that the Council realizes the complex- ity of the program and that more review and recommendations forthcoming would be helpful. The second item discussed was Ralston Creek. The Mayor noted receipt of the Dept. of Public Works report. Dir. Plastino explained the methodology used for the report, assumptions for calculations, results of calcu- lations, analysis, cost and behefits of cleaning and dredging Ralston Creek and conclusions and recommendations. Council discussed what other cities do with similar problems; buying equipment to do the work; problem of ground water and sewer as per Grissel letter; Univer- sity roof drains; charging fees for discharge of storm Page 2 Council Discussion November 5, 1974 water into sewer system; easements, liability for dredging, obtained by group; appointment of Councilperson to work with the Ralston Creek Action Group; possibility of using Housing and Community Development funds for planning for bridges. Mayor Czarnecki noted a general concensus by the Council to preceed with the cleaning of Ralston Creek. Acting City Manager Dennis Kraft summarized that the Ralston Creek Action Group point #1 was the report; #2, if bridges were planned, other work would have to be delyaed, also covered in the report; t3, it was the concensus of the Council to proceed on the drafting of an ordinance amending the Subdivision ordinance con- cerning storm water retention; 114, the Dept. of Public Works and the Army Corp of Engineers descussed the Urban Studies Program and the Section 1205' of the 1948 Flood Control Act. Under '205' the Corp could study two alter- natives: if diversion tunnel and dam, and 2) moving structures out of the floodway; T5, a service request procedure is in force, but suggested that someone in the City Manager's office could handle grievances as we do not have a public relations director. He commen- ted that Follow-up action ¥1 was premature, as the Council hadn't decided what they wanted to do; :�2 the City Attorney should answer; r3, Road Use Tax could not be used to clean the entire creek, just areas around the bridges, could use General Obligation Bonds or Special Assessment. Dir. Kraft stated that the Staff had met with Mr. Spel- man concerning the bus depot location at the NE corner of Gilbert and College streets, and Mr. Spelman requested being allowed to remain until January 2nd at his present location. Council discussed the timetable for the demoli- tion project, length of term of the lease, and subsidy for the bus depot. It was the concensus of the Council to have the Staff notify Mr. Spelman to vacate his quarters at the Burkley Hotel by December lst. The Mayor announced discussion of bond issues. Dir. Pugh stated that the Staff proposed that another look be taken at the plans for the Service Building before designing or remodeling, in order to decide which functions the City should provide, and suggested a consultant be hired. Council discussed the UMPTA grant, previous action on the service building and freezing of contract with Han- son Lind & Meyer, and decided that the Staff should inves- tigate consultants to proceed as they had suggested.' Paye 3 Council Discussion November 5, 1974 It was moved by deProsse and seconded by Davidsen that the meeting be adjourned to executive session to discuss the appointment to the Human Relations Commission. 7:00 P.M. Mayor Ed Czarnecki and Members of the Iowa City City Council Civic Center Iowa City, Iowa 52240 1 potnCk whte robert Nk7prberg e.ccv,+e o,eca RE: Water Quality Planning Program available in Section 208 of the Federal Water Pollution Control Act Dear Mayor Czarnecki and Council Members: The Executive Board of the Regional Planning Commission has received information on the possible planning funds for water quality management from the Environmental Protection Agency. This program is made available through the Federal Water Pollution Control Act of 1972 which enabled a new thrust toward the solution of water quality problems. The act and subsequent guidelines set forth ambitious water quality standards for 1977 and 1983. It also provided new assistance to states and local govern- ments to develop plans to meet the guidelines. Section 208 of the Act specifically provides for assistance to local government to prepare comprehensive interjurisdictional plans for improvement of overall water quality management. The program provides for a series of state and federal reviews prior to initiation of the planning program. The program further pro- vides 100% federal funds for areawide planning programs through Fiscal Year 1975. Specifically, in the Iowa City and Johnson County cases, the staff has been informed by EPA officials that funding for FY176 and FY177 could be available provided initial steps of designation and grant preparation are completed by late Spring of 1975. Because of several factors, including: 1) the possibility of not being selected or receiving the grant; 2) the amount of time required for grant preparation; 3) the fairly tight time schedule, and most importantly 4) the possibility that the prepared plan would require implementation through a new management organization and structure, i.e., a metropoli- tan or county -wide water quality authority, the Executive Board has determined each governmental entity should be asked to individually study the program and its opportunities and problems. Subsequent to this individual study periods, governments could then respond as to their interest or non-interest in pursuing the program further. In order to assist your consideration of the program, I have attached a report prepared by the National Association of Regional Councils which explains the programs and addresses questions raised by other local elected officials. Also attached is a short summary of the procedures required in Iowa. The Executive Board has determined also that the Director and staff should be made available to explain process and answer any questions any governmental body may have. I encourage each agency to seriously consider the program, invite the staff for further explanation and determine your interest. In order to.meet deadlines, I further request that agencies develop comments by December 1, 1974. S' erely, J. Patrick White Chairperson JPW:SLB Enclosures ATTACHMENT Procedure for designation as a Water Quality Planning Agency under Section 208 of the Federal Water Pollution Control Act. Step 1: Local governmental agencies informally determine interest and select planning agency. Step 2: Meeting is held with local governmental agencies, the planning agency and representatives of the Office for Planning and Programming, the Department of Environmental Quality, and the Environmental Protection Agency to discuss issues and answer final questions; If no problems, Step 3: Governmental agencies pass resolutions expressing willingness to join other units in Section 208 Water Quality Planning and to accept provision that imple- mentation grants go to management agencies designated :in planning process. Resolutions are sent to the Office for Planning and Programming and the Department of Environmental Quality. Step 4: The Office for Planning and Programming calls a public hearing on the designation in the affected area; . If no major problems, Step 5: The Office for Planning and Programming and the Department of Environmental Quality recommend designation of the area to the Governor. Step 6: Governor designates and sends to the Environmental Protection Agency Regional Administrator. Step 7: The Environmental Protection Agency Regional Administrator and the EPA Washington, D. C. designate authorize the grant application preparation. Step 8: Local planning agency prepares grant application. > iohnson county regional planning' .commission ti F im 91_22%2 srrOh (PItnvpva ;IrrNa, ir)wrr C.ily, I07WU 52240 (319)aSl 8556 robrxl WMiberp ..M'Y...IY.•.�. October 30, 1974 Mayor Ed Czarnecki and Members of the 'Iowa City City Council Civic Center Iowa City, Iowa 52240 RE: Water Quality Planning Program available in Section 208 0` the Federal Water Pollution Control Act Lear Mayor Czarnecki and Council Members: The Executive Board of the Regional Planning Commission has received information on the possible planning funds for water quality management from the Environmental Protection Agency. This program is made available through the Federal Water Pollution Control Act of 1972 which enabled a new thrust toward the solution of water quality problems. The act and subsequent guidelines set forth ambitious water quality standards for 1977 and 1983. It also provided new assistance to states and local govern- ments to develop plans to meet the guidelines. Section 208 of the Act specifically provides for assistance to local government to prepare comprehensive interjurisdictional plans for improvement of overall water quality management. The program provides for a series of state and federal reviews prior to initiation of the planning program. The program further pro- vides 100% federal funds for areawide planning programs through Fiscal Year 1975. Specifically, in the Iowa City and Johnson County cases, the staff has been informed by EPA officials that funding for FY176 and FY177 could be available provided initial steps of designation and grant preparation are completed by late Spring of 1975. Because of several factors, including: 1) the possibility of not being selected or receiving the grant; 2) the amount of time required for grant preparation; 3) the fairly tight time schedule, and most importantly 4) the possibility'.that the prepared plan would require implementation through a new management organization and structure, i.e., a metropoli- tan or county -wide water quality authority, the Executive Board has determined each governmental entity should individually study the program and its opportunities and problems. this individual study periods, governments could then respond as to or non-interest in pursuing the program further. be asked to Subsequent toy their interest In order to assist your consideration of the program, I have attached a report prepared by the National Association of Regional Councils which explains the programs and addresses questions raised by other local elected officials. Also attached is a short summary of the procedures required in Iowa. The Executive Board has determined also that the Director and staff should be made available to explain process and answer any questions any governmental body may have. I encourage each agency to seriously consider the program, invite the staff for further explanation and determine your interest. In order to.meet deadlines, I further request that agencies develop comments by December 1, 1974. 7;1 J. Patrick White Chairperson JPII: SLB Enclosures M LL Procedure for designation as a Water Quality Planning Agency under Section 208 of the Federal Water Pollution Control Act. Step 1: Local governmental agencies informally determine interest and select planning agency. Step 2: Meeting is held with .local governmental agencies, the planning agency and representatives of the Office for Planning and Programming, the Department of Environmental Quality, and the Environmental Protection Agency to discuss issues and answer final questions; If no problems, Step 3:. Governmental agencies pass resolutions expressing willingness to join other units in Section 208 Water Quality Planning and to accept provision that imple- mentation grants go to management agencies designated -in planning process. Resolutions are sent to the Office for Planning and Programming and the Department of Environmental Quality. Step 4: The Office for Planning and Programming calls a public hearing on the designation in the affected area; If no major problems, Step S: The Office for Planning and Programming and the Department of Environmental Quality recommend designation of the area to the Governor. - Step 6: Governor designates and sends to the Environmental Protection Agency Regional Administrator. Step 7: The Environmental Protection Agency Regional Administrator and the EPA Washington, D. C. designate authorize the grant application preparation. Step 8: Local planning agency prepares grant application. TABLE OF CONTENTS Purpose and Importance of 208 .........................................................1 Definition of 208 Management Planning .................................................. Non -Point Source Pollution and Urban Storm Runoff ...................................... 3 FundingSituation ................................................... Geographic Requirements.............................................................3 Designation of Urban Industrial Areas vs. Non -Metros ................................... 4 Processand Options for Designation ............................................ Consequences of Not Meeting 1983 Standards ............................................ 5 Implications for Local Government...................................................... Benefits of Designation....................................................... ....6 Current Status of Designation........................................................ .6 Resolution Requirements..............................................................7 Degreeof State Control...............................................................7 Local Appeal Process .......................................... Land Use Requirements...............................................................8 Regulatory System Requirements.................................................... ..8 Implementing Agencies............................................................... 8 Relationship to 303 Basin Planning......................................................9 Relationship to 201 Facilities Planning..................................................9 Relationship to 402 Permit Program ................................................... 10 Relationship to Other EPA Programs .................................................. 10 Relationship to Other Areawide Programs..............................................10 Planning Application Requirements.................................................... 10 CostEffectiveness.................................................................. 11 A-95 Review Requirements...........................................................12 Environmental Impact Statements..................................................... 12 InformationNeeded..................................................................12 Appendix I: Glossary . .................................................13 Appendix II: List of EPA -Approved Designations ........................................ 15 Appendix III: Chart Outlining 208 Process .............................................. 16 Appendix IV: Sample Package for Elected Officials ......................... ............ 17 Appendix V: NARC Draft Resolution ................................................... 21 This report was published with federal financial assistance provided by the U. S. Environmental Protection Agency. THE CHALLENGE AND OPPORTUNITY OF WATER QUALITY MANAGEMENT PLANNING Questions and Answers About Section 208 of the Federal Water Pollution Control Act as Amended The quality of the nation's water has become an issue of increasing concern for the public and their federal, state and local officials. Everyone knows that pollution of our water is an omi- nous threat to our health and welfare which cannot be permitted to continue. At this juncture, Congress has given the U. S. Environmental Protection Agency the responsibility to get a handle on the problem and solve it by 1985. Congress enacted 1972 amendments to the Federal Water Pollution Control Act which set water quality standards and provide mechanisms for curbing pol- lution on a staged basis. The Act established as a national goal the elimination of pollutant dis- charges into the navigable waters by 1985. It further established an interim goal that by 1983 we would have national water quality which is safe for recreation and which will protect fish and wildlife. Section 208 of the Act provides local governments with an important tool for reaching the 1983 goals. What is the Purpose and Importance of Section 2081 Section 208 of the Act provides for areawide management planning in areas which, as a result of urban -industrial concentrations and other factors, have substantial water quality control problems. Through 208, such areas are provided funding to plan and manage a comprehensive program controlling local government and industrial wastewater, storm and sewer runoff, non - point source pollutants, and land use as it relates to water quality. Through a cooperatively controlled areawide planning agency, local governments can select a management plan that is most cost effective and implementable. Because of the timing, EPA has determined that 208 planning and management should focus on meeting the 1983 goals of the Act. The purpose of 208 planning simply stated is to provide information for sound decision making. Management is the key. to the process. What makes 208 unique is that state and local govern- ments must not only develop a plan, but the approved plan must make the commitment to finance projects developed in the plan and to take regulatory action where necessary to solve non -point source and other problems related to achieving the 1983 standards. The implications of 208 for local governments are discussed in detail later in this report. Sev- eral points should be emphasized at the outset, however. This report is based on a NARC workshop dealing with the 208 planning process. The workshop focused on organizing for 208 management planning, the grant application process, and issues to be tackled this first year. The questions and answers which comprise this report summarize the basic discussion at that meeting. 1 208 is a mechanism to help local elected officials gain information to deal with other prob- lems related to water quality, such as solid waste disposal, septic tanks, trailer courts and land use. • 208 is one of the only programs available to deal with non -point source pollution problems (i. e. those for which there is no specifically identifiable source, such as erosion, feedlot runoff, or runoff from agricultural lands). • Because areawide planning requirements of the Act will be fulfilled, those local govern- ments which are involved in 208 will have a better chance at federal construction grants in the future. • Through 208, local governments can impact on permits granted by the states for pollution discharges. e 208 is the means for making regulatory and implementation decisions. Through this pro- cess, local officials can work together to develop a management plan which determines who will do what, when, where and how. But most important of all, decisions made during the 208 process will have a tremendous im- pact on land use and other types of issues which are traditionally local prerogatives. If local governments want to continue to control these decisions, it is essential that they take on 208 responsibility. Further, any delay in undertaking 208 is to the disadvantage of local govern- ments. Right now 100 percent funding is available, but this will decrease to 75 percent next fiscal year (FY 76). It is vital to get the 208 process in the works as soon as possible to have any impact on meeting the 1983 standards. A later section of this report describes some of the actions which can be taken by EPA or citizens, if appropriate progress is not made. What is 208 Management Planning? The purpose of the 208 planning process is to formulate an areawide waste treatment manage- ment plan that can be implemented by a management agency (ies). The planning process must integrate both technical needs for pollution control and management arrangements capable of implementing the controls. The technical portion of the planning process is concerned with identifying the priority water quality problems of the area, recognizing any constraints in dealing with the problems, and de- veloping alternatives to achieve water quality goals. Management planning is an essential part of the 208 planning process, and should be conducted concurrently with technical planning. Ultimately, all components of the plan are geared to im- plementation and dependent upon the development of an effective management plan for their ac- complishment. 2 t'. Management planning, first identifies ;existing water quality management problems, such as lack of authority for controlling certain pollution sources as related to areawide waste treatment man- u agement. Any constraints on devising an effective management approach must be identified as well. Based upon a management analysis, alternative management systems having the potential for effective water quality management are identified. Finally, such alternatives are analyzed in terms of their feasibility for implementing a given technical plan. Because the feasibility of implementing a plan may depend on acquiring proper authority, it is part of the planning function to ensure that the management agency (ies) has adequate legal authority to implement the plan. Accordingly, it is imperative that planning agencies consider management problems and alter- native approaches during the initial phases of the planning process. Will the 208 Planning Process Require Developing Programs to Deal with Non -point Source Pollution and Urban Storm Runoff? Yes. Section 208 is the most positive statement on the need to identify, and if present, devel- op a program to solve non -point source pollution. This is a difficult problem and the solutions will not be obvious or easy to correct. This problem will probably require more innovative ap- proaches than any other aspects of the Act. While EPA will continue to do research and pro- vide technical assistance to 208 planning agencies, it is recognized that the answer to non -point source problems must be tailored to the region. Each agency will have to define the parameters of the problem, and using existing research decide what measures might be financially, techni- cally and politically feasible. In the case of urban storm runoff, Section 208 requires this problem to be addressed if it signif- icantly affects water quality. What is the Funding Situation for 208? 208 is a contract authority program which is not conditional on the normal appropriations pro- cess. This means EPA has full authority to use all 208 monies provided in the Act, $100 mil- lion in FY 74 and $150 million in FY 75. The only constraint on 208 now is receiving applica- tions that meet EPA criteria. The funding strategy being followed by EPA is if an application meets EPA criteria --it is a sound designation that will help solve the water quality problem --then EPA will fund it. There is no quota or priority system. The number of applications EPA anticipates is 200 to 350. Cash outlay projections are made in the President's budget for 208 funding. EPA intends to stay within the target cash outlays if possible. This target is $26 million in FY 75. The FY 76 amount has not yet been set by OMB. What is the Geographic Requirement for a 208 Area? The geographic area in which 208 planning will be conducted is determined by the state using criteria established by EPA. The criteria are tied to EPA's detailed definition of a substantial water quality control problem. This definition emphasizes the areas the states have identified in their 303 basin plans "water quality limited segments" and/or areas having substantial non - source point pollution. M Is 208 Limited. to; Urban Industrial Areas? At the moment, EPA is.focusing 208 funding in urban industrial areas. In recent months, how- . ever, EPA has been looking of its designation criteria from the point of view of another national priority--energy development. The Act does not preclude the designation of nonmetro areas for 208 planning, but the emphasis is certainly on the problems in metro areas. But if water quality problems are substantial and complex in nonmetro areas obviously EPA would give serious con- sideration to any state proposal to designate such an area. Such areas might include those involv- ing mines and mining, development of other energy resources, recreational areas, and sites for waste disposal. What is the Process for 208 Designation? The governor of each state, after consultation with appropriate local officials, has the responsi- bility for designating the boundaries of a 208 area and designating a single representative agency to be responsible for the 208 planning process. Ultimately on advice of the 208 agency, the gov- ernor will designate local governments or other agencies to implement the agreed -on manage- ment plan and program. The governor actually has three options: he may designate a 208 area, he may non -designate all or a portion of the state, or he may remain silent. But in the interstate areas he can only designate or remain silent. This is important because non -designation precludes local initiative. What if the Governor Non -Designates? If the governor non -designates he retains the option of reconsidering and perhaps designating 208 areas and agencies at a later time. Or the state assumes responsibility for doing the area - wide planning under the Act. There are states which have been very emphatic that they don't want to designate, but these are few. The majority of states want to make designations, and are either going through the public hearing process or have questions. Nationwide, there are between 60 and 80 active, viable can- didates still going through the process right now. That's on top of the 17 designations EPA had approved through early August. If a State Non -Designates is it Eligible for 208 Funding? No. The law requires that areawide "208 -type" planning be done in areas with a substantial wa- ter quality problem, but the states are not eligible for 208 funding. The intent of Congress was that this be a cooperative state -local effort and 208 funds are provided for that purpose. If the state non -designates, it assumes responsibility for undertaking areawide planning, but this would be part of the basic Section 303 state planning process to develop basin plans. Funding for state planning comes out of Section 106. The funding level for the total state program in FY 74 was $50 million and EPA does not expect any significant jumps in that level. In fact, OMB wants to cut it back. So any funding for states to undertake the 208 planning would come out of their 106 funds. The states could decide to take money out of permits or construction grants and put it in planning, or clse come up with the money themselves. 51 What if the Governor Remains Silent? If the governor remains silent, local governments have the option of applying directly to EPA for 208 funding as an areawide 208 planning agency. However, if local officials do not exercise this option and there is a substantial water quality problem, it is the state's responsibility to see that water quality standards are met. What Happens if Water Quality Standards are not Met? If EPA finds that states are not moving to either designate 208 agencies or undertake areawide planning themselves in areas which have a substantial water quality problem, there are a num- ber of consequences which could result. No federal hardware grants will be made unless there is a viable plan and program to achieve standards and progress made toward implementing such a plan and program. If no significant progress is made then discharge permits will not be issued or renewed. In addition, EPA or cit- izens could go to court to require the state or federal government to see that treatment facilities are built or development moratoriums imposed, or both, until state and local governments as- sume their responsibilities to do the job. Has EPA Made This Clear to State and Local Officials? There definitely appear to be misconceptions at the local level as to the stakes involved here. An EPA representative stated "At EPA we're not following the implementation of 208 at this point in time from the point of view if you don't perform this, there's going to be a sanction against you. We've established a mechanism, a process and we're saying there will be financial assis- tance for 208 planning and we think if you go through this process, you will solve your problem. We're basically relying on two things: (1) the fact that a local -regional area identifies that they have a water quality problem and they want to solve it --the only way 208 can work is if you have that kind of intent and willingness to solve the problem and work together; and (2) there is mon- ey available to help do that. " Are There Also Institutional Implications for Local Government? Very definitely. The 208 program is geared to moving policies and plans into some concrete action by staging facilities development, determining how they're going to be financed, who's going to do it, and making commitments of that nature. It's really implementation of the kind of things often developed at the regional level which are put on a shelf. The program directly determines who makes water quality decisions (which affect growth and land use) and who im- plements the decisions. So 208 does have an institutional consequence to the whole idea of local governments working to- gether to solve areawide problems. Local governments need to recognize that the best way to control their own destiny and remain viable is to work together. This process is going to be one of the tests to see if that concept will work. 5 Local governments have taken a rather ambivalent stand on 208 thus far. They find the state has no particular desire to get involved and they don't see the consequences of their not being involved either, even though they might be in an area which obviously cannot meet water quality standards with the type of 201 facility design and engineering provided for under the 1972 Water Pollution Act. Then it Really Benefits Both the State and Local Governments if the Governor Designates 208 Agencies? Very definitely. If the state does not designate, it will bear the burden of performing areawide planning without the advantage of 208 funding. And local governments will find that the state is in the position of making significant decisions affecting the growth and development of their com- munity. These water quality decisions determine a community's land use, waste treatment and sewer facility requirements, as well as future financial resources and capital improvement costs. How Can this Information Be Communicated to Local Officials? The Triangle J Council of Governments in the Raleigh-Durham area of North Carolina put toge- ther a successful package of materials for their local officials. This included a two or three- page summary of what 208 was all about and a copy of the resolution which needed to be adopted. (See appendix. ) All materials from EPA were omitted. One important point made at the meeting is that the entire area of water pollution is very techni- cal and one that has not evoked a great deal of interest by elected officials. In submitting re- ports to elected officials, it was felt important to point out the issues and options in nontechni- cal terms. The big question asked by elected officials appears to be, "Is 208 required?" The answer should be that it is not required, but here are the options if you don't do 208 planning and the implica- tions of each option. It is national policy that waste treatment management will be on an areawide basis. The plan- ning will be done either by the state or the locals, and in non -designated areas it will be done by the state, or even the federal government if the state doesn't do the job. What is. the Current Statue of 208 Designation? As of August 7, EPA has approved 17 208 agencies designated by the governors. As of July 15, 18 states had made one or more designations and EPA review of these designations is in process. Thirty-one states had non -designated but most of them have indicated that the governor will make designations at a future date. Only one governor (New Hampshire) chose to remain silent. As previously indicated, there are still about 80 viable candidates going through the designation process right now. Relative to regulations, EPA has published 208 area and agency designation publications, pro- gram and grant requirements, and draft planning guidelines. 6 Specifically, the resolution must meet three criteria: (1) (2 ) (3 ) .. „}A ,ot exercise vi-cdbility to It must come from an affected unit of local government. It must discuss and state explicitly a willingness to join with other units of government in the region to do a 208 study. It must state a willingness and knowledge that hardware grants will go only to management agencies designated by the completed plan and approved by the governor. How Many Units of Government in the Region Must Adopt such Resolutions? 1. Initially, EPA required that "all" units of government in the region had to adopt resolutioris'of intent, but this requirement has been relaxed. The fundamental criteria now is that resolutions be adopted by all governmental units needed to make the 208 plan work. If the exclusion of4--Yri.t of government would jeopardize the effectiveness of the 208 agency, then EPA would not appi6ve the designation. The initial judgment on the adequate number of resolutions will be made B} the state in its recommendation to EPA. Are Special Purpose Districts Included in this Requirement? If a special purpose unit of government in one way or another could determine the success dr failure or significantly impact on the 208 plan, it would be required to pass a resolution. _ Tlit''t real test is a pragmatic one --how important is that special purpose unit to the actual success of this plan? That has to be interpreted in light of each particular situation. Would an Interlocal Agreement that Established a Regional Council Suffice to Meet EPA Criteria? No. EPA wants a separate resolution dealing with this specific issue. The intent is for local governments to have a full understanding of what they are committing themselves to, especially with relationship to the agreements that will be necessary for regulation and possible questions of land use controls that will come out of the planning process. EPA wants this fully understood before they make a substantial monetary commitment. How Much Control Does the State Have over 208 Planning? To begin with, the state is integrally involved in the 208 area and agency designation process, simply because the governor makes the designation. Second, once the designation is made; the state is involved in the review of 208 grant application and finally the approval and certification of the plan on an annual basis. Therefore, the state has the final sign off on the 208 plan. The state also is responsible for establishing the local water quality objectives consistent with the appropriate 30.3(e) basin management plan and the 1983 goals. The state should maintain continual involvement throughout the planning process to assure that the plan outputs are con- sistent with state program objectives including permits and construction grants. 7 squired to change it and comply with the: state provisions. ter . The Act and EPA's regulations are designed to ensure consistency between the 208 plan and the permit and construction grant programs. Can a Local Area Appeal to EPA? Yes. If the 208 agency feels the state decision is either unreasonable or impractical the EPA administrator, or EPA regional administrator, can override the state's failure to certify the plan. What are the Land Use Requirements for Conducting 208 Planning? Section 208(b)(2)(F-H) uses the term "land use requirements. " In essence, EPA has indicated that the 208 planning must relate to areawide and local land use policies and plans. However, there is no mandatory requirement that existing land use plans must be changed. Rather, it is recognized that the implication of these existing plans must be evaluated as to their relationship to achieving the water quality standards required under the Act. If existing land use plans will not interfere with the achievement of these standards, there is no requirement to alter such plans and they may be used as the basis for such planning. Local governments would only be required to reassess their land use policies if it is found that water quality standards under the Act could not be achieved under existing land use policies and practices. And in that event, it would ber:up to the local governments affected to develop an alternative that would best meet their needs. EPA stresses the need for meaningful land use plans throughout the area to define growth pat- terns and, in turn, provide the basis for the hardware designs and a regulatory program. What Kind of Regulatory System Does this Envision and Who Will Implement It? Section 208(b)(2)(c) makes provision for the establishment of a regulatory program to ensure that the management plan and program is implemented. Regulatory controls may vary from area to area due to state law and other factors. In most cases, this involves the use of existing local and state regulation processes. However, augmentation may be necessary to ensure the water quality plan is then taken into consideration, in such cases as the issuance of building permits or administration of subdivision regulations by local governments. In some cases indirect control, such as those over pricing policies, which would constrain water use may be applied. It is important to state, however, that the regulatory program can be im- plemented by the state, general purpose local governments and special districts when these units have in the aggregate the necessary powers to ensure the compliance with the manage- ment plan. There will be no requirement that the 208 planning agency obtain such powers. If additional regulatory authorityis required, it could be vested in the units that are cooperatively carrying out the 208 planning. These decisions would result from the management plan and con- sultation with and decisions by state government. What is the Relationship between the 208 Planning Agency and the Implementing Agencies under the 208 Management Plan? Under the 1972 Act the areawide planning agency recommends to the governor, as a part of its management plan, the agencies and local governments that will ir.nplement the management plan In all likelihood these will he existing operating agencies of local governments or special dis- 8 in his designation to EPA, the governor must consider the 208 planning agency's recommendations for implementing agencies to carry out the management plan. Only those implementing agencies finally designated by the governor can receive 201 hardware facility grants. Facilities provided for through the grant must be consistent with 208 management plans. Besides delineating implementing agencies for construction and operation of water treatment facil- ities, the management plan must also contain a regulatory system to assure adherence. This regulatory system will require definition of regulatory measures as well as agencies responsible for enforcing such measures. In almost all cases 208 -designated planning agencies do not have the regulatory authority necessary to carry out a regulatory program. Therefore, local govern- ments and the state will have to accomplish the regulatory measures. What is the Relationship between 208 Planning and 303 Basin Planning? 303(e) basin plans are prepared by the state and constitute the overall framework within which 208 plans are developed for specific portions of a basin. Basin plans: (1) provide water quality standards and goals, (2) define critical water quality conditions, and (3) provide waste load con- straints. The 208 areawide plan picks up load allocations and target dates defined by the state in a particular area and attempts to find the most reasonable solution to achieve these goals. 208 plans will be an integral part of the basin plans and must be certified annually by the gover- nor as being consistent with applicable basin plans. How Does 208 Relate to 201 Facilities Planning? 201 facilities plans cover the planning and preliminary design portions of plans and studies re- lated to the actual construction of publicly -owned waste treatment works. Facilities plans, through the systematic evaluation of alternatives, are intended to assure development of cost- effective and environmentally sound .local waste treatment systems. Thus, in contrast to 208 plans, facilities plans are limited essentially to abatement of pollution from point sources and those industries served or to be served by waste treatment systems. Facilities plans may be completed or in progress when the 208 areawide planning is undertaken. Such planning should be construed as a step toward and supplementary to the more comprehen- sive 208 plan. Features included in the approved 201 facilities plans such as engineering, cost data and scheduling should be considered as "existing" for 208 planning purposes. Generally, other facilities plans and ongoing facilities planning efforts should be reviewed by the 208 agen- cy, and agreements should be reached between the facilities planning and 208 planning entities for coordination of the respective efforts. Such coordination should be accomplished with views toward achieving maximum consistency with the 208 plan without unduly delaying ongoing facili- ties planning efforts. In general, no facilities planning should be initiated within a 208 area after 208 planning has been undertaken and until a 208 plan has been substantially developed. However, in some cases, such concurrent facilities planning may be justified and approved where urgency of solving a specific problem dictates the need for a shorter -term and more narrowly focused planning effort. Upon completion and approval, the 208 plan will serve as the facilities plan for the designated area. Subsequent applications for grant assistance for municipal treatment works construction Gi The 402 permit program is designed to ensure that pollutant discharges do not exceed prescribed emission standards. A permit system can provide an essential tool for implementing a 208 plan. No permits may be issued for point sources whichare in conflict with approved 208 plans, since the plans become a part of the overall 303 basin plan. The Section 208 management plan will af- fect the issuance of discharge permits until the plan is certified by the state and approved by the EPA administrator. How Does 208 Relate to Other EPA Programs? If any portion of a 208 area is located within ,an Air Quality Maintenance Area, 208 efforts should be coordinated with the air quality planning and implementation process. During the 208 planning process, the state plans for solid waste management should be examined for recommended organizational and technological solutions pertaining to the 208 area. Local agencies within die planning area which are to have the primary responsibility for :regulating and implementing solid waste management controls should be identified. In cooperation with such local agencies, the mutual effects of these programs should be considered and appropriate mea- sures taken to assure compatibility. What is the Relationship between 208 and Other Areawide Programs? The land use aspects of 208 planning provide a direct linkage with other areawide planning efforts within the area including those supported under the HUD 701, flood insurance and disaster pro- grams, transportation plans under DOT, and coastal zone management planning under NOAH. The 208 planning should be viewed as providing the water quality component of the comprehen- sive plan for the area. Consideration of other area planning activities will help ensure that their impact on water quality is incorporated into the 208 planning process and that 208 plans are con- sistent with these activities. Such consideration will also facilitate the development of a coordi- native relationship between 208 agencies and related agencies which should be carried over into the 208 implementation phase. EPA is meeting with HUD, DOT and NOAA to begin integrating these efforts at the national level and assure proper coordination of these programs with 208 planning at the working level. What is Required in a 208 Planning Application? The May 13, 1974 Federal Register contains an outline for preparing a 208 application. Some basic points to remember include: • The governor must certify that the application complies with 303 plans that are being de- veloped and that the program described is adequate to develop a 208 plan. The state must also certify that the 208 plan will not duplicate work already being done through 201 facili- ties funding, and that the application is approved by the state water pollution agency. 10 There must also be a statement that the planning process will continue after the initial man- agement plan is developed --i. e. that the plan can be updated annually to ensure implementa- tion. • The application should also spell out specifically what agency will be responsible for each work activity. How will consultants be used, if any? Who will be the members of the 208 staff? Will local government planning staffs be assigned certain tasks? Finally dollars, resources and work activities should then be correlated, assigned and scheduled! The point emphasized by EPA is that this must be two-way planning which is not only cost effec- tive but is politically effective and can be implemented. A great deal of time in the application process must be spent working with state and local gov- ernment staffs reviewing the proposals and assuring them of involvement. It is also vital that before an application is submitted, the means for participation by the various jurisdictions and interests are spelled out. Continued linkage with the state should be strongly built into the ap- plication. EPA regulations require a continuing and meaningful involvement of citizens in the formulation and annual adoption of the 208 management plan. EPA recommends the use of a citizens com- mittee in conjunction with a committee of the technicians from the participating jurisdictions. In addition, smaller advisory committees can be established to represent industry, smaller communities, etc. The biggest thing to keep in mind is that the plan must be completed in two years and tight man- agement control is needed throughout the process. While not a requirement, after a grant offer has been made, the 208 agency will have to followup with a schedule of work and the dates for com- pletion of specific tasks. It can help get application through EPA and also help 208 agency if costs are correlated with tasks and resources. The regulations allow for essentially 10 basic payments --10 percent at the initiation of the grant and 10 percent quarterly for the two-year period, 10 percent at completion of the grant. EPA will be looking to a correlation between these quarterly payments and completion of tasks. The payments are not automatic. What about Cost Effectiveness? A central criterion put forth in the EPA guidelines and the 1972 Act is the cost effectiveness of the 208 management plan. The costs are divided into four categories: the traditional resource costs, the social costs, the environmental costs, and the economic costs. These are spelled out in more detail in the guidelines. The question of effectiveness, is measured by the attain- ment of the 1983 water quality goals. Two additional criteria are also mentioned in the guide- lines: implementation capability and public acceptability. It is very difficult to measure social and environmental costs. There is no simple formula that you can plug data into and come out with an acceptable level. A process is suggested in the guide- lines to facilitate the comparison between resource costs and other costs. This should give 208 11 agencies and the state and local governments at least one method to evaluate cost effectiveness of the 208 plan. But the ultimate decision' must be''based on the available federal, state and local e resources to achieve the 1983 water quality standards established under the Act. These resources will determine in many cases the degree that a capital intensive solution for achieving water quali- ty standard is available to an area, and the degree to which other approaches such as pricing pol- icies (or other non -capital solutions) may have to be used. How Will the A-95 Review and Comment Process Apply to the 208 Management Planning Program? The A-95 process has an important role in the 208 planning activities. Under EPA regulations (Part 35, Subpart F, Section 35. 1054-1) the 208 activities are subject to A-95 review, This in- cludes the application to fund 208 planning and the plan developed under the 208 management plan- ning process. How Should Environmental Impact Statements be Handled in the 208 Planning Process? The Federal Water Pollution Control Act of 1972 requires environmental impact statements for permits and environmental facility construction grants. EPA, as of June 1974, was still formu- lating its position on environmental impact statements covering the 208 management plan. While EPA recognizes the 1972 Act requires an EIS only on permits and construction grants, it has been considering the possibility of an EIS for the 208 management plan which would then preclude individual statements on each permit and construction grant. What Information on 208 Should We Have? The first thing you should have is the EPA Water Strategy Paper for FY 74-75. The second is an EPA brochure on 208 --it's mainly a public information brochure which explains the program and what EPA is trying to do (in process of preparation). In addition, you should have the regulations for both designation and grant assistance. They are two separate sets. (Federal Registers May 30, 1973 and May 14, 1974. ) Draft planning guide- lines (May 1974) are available and the final version will be published by September. Additional items of interest include: (1) the EPA -Corps of Engineers interagency agreement, (2) models of designation packages, and (3) sample grant applications. All of these are available from the Water Planning Division, Environmental Protection Agency, Waterside Mall, 401 "M" Street, S. W., Washington, D. C. 20460. In addition, EPA's public af- fairs department has published a bibliography of general information related to the water bill. A bibliography is also contained in the planning guidelines. 12 For additional definitions, see EPA's 208 planning guidelines (Draft dated May 1974); final due in September). Basin "The term 'basin' means the streams, rivers and tributaries and the total land and surface wa- ter area contained in one of the major and minor basins defined by EPA, or other basin unit as agreed upon by the state(s) and the Regional Administrator. " (proposed regulations 40 CFR 130.2(1)). Discharge of pollutants "The term 'discharge of a pollutant' and the term 'discharge of pollutants' each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollu- tant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floring craft. " (Act, Sec. 502(12)). Effluent limited segments "Any segment where water quality is meeting and will continue to meet applicable water quality standards or where there is adequate demonstration that water quality will meet applicable wa- ter quality standards after the application of the effluent limitations required by Sections 301(b) (1)(A) and 301(b)(1)(B) of the Act. " (proposed regulations, 40 CFR Part 131). Facilities planning Pertains to "provision for cost-effective, environmentally sound and implementable treatment works which will meet applicable requirements of Sections 201(8), 301, and 302 of the Act. " (201 guidance, p. 3). Land use controls Methods for regulating the uses to which a given land area may be put, including such things as zoning, subdivision regulation, and flood -plain regulation. Navigable waters "The term 'navigable waters' means the waters of the United States, including the territorial seas. " (Act, Sec. 502(7)). Nonpoint source Generalized discharge of waste into a water body which cannot be located as to specific source, as outlined in Section 304(e) of the Act. Permits "The Administration may... issue a permit for the discharge of any pollutant, or combination of pollutants, ... upon condition that such discharge will meet either all applicable requirements under Sections 301, 302, 306, 307, 308, and 403 of this Act, or prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator de- termines necessary to carry out the provisions of this Act. (Act, Sec. 402(a)(1)). The Adminis- trator shall authorize a state, which he determines has the capability of administering a permit program which will carry out the objective of this Act, to issue permits for discharges into the 13 navi abl g e waters within the jurisdiction of such state." (Act, Sec. 402(a)(5)). The permit pro gram is a part of the National -Pollutant Discharge Elimination Svstem (NPDES). Planning agency "The governor... or governors shall... designate each 208 planning area including its boundaries, and for each area a single representative agency to be responsible for the planning.... The agen- cy shall be a representative organization whose membership shall include but need not be limited to elected officials of local governments, or their designees, having jurisdiction in the designated planning area." (40 CFR 126. 12, 126. 13, 126. 11). Planning process Strategy for directing resources, establishing priorities, scheduling actions, and reporting programs toward achievement of program objectives. Point source "The term 'point source' means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or can be discharged. " (Act, Sec. 502(14)). State water quality standards Standards of water quality set by the state for intrastate waters, that shall be at least as strin- gent as federal standards and shall further the goals of the Act. Waste load allocation "A waste load allocation for a segment is the assignment of target loads to point and nonpoint sources so as to achieve water quality standards in the most effective manner. " (303 guidelines). Waste treatment facilities "Any devices and systems used in the storage, treatment, recycling and reclamation of munici- pal sewage or industrial wastes of a liquid nature... in addition, ... any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of minicipal waste, including waste in combined storm water and sanitary sewer systems. " (Act, Sec. 212(2)). Also termed treatment works. Water quality limited segments "Any segment where it is known that water quality does not meet applicable water quality stan- dards, and is not expected to meet water quality standards even after the application of the efflu- ent limitations required by Sections 301(b)(1)(A) and 301(b)(1)(B) of the Act. " (proposed regula- tions 40 CFR Part 131). 14 APPENDIX :II . clue Following is a list of 208 agencies designated by governors and approved by EPA as of August 5. This is not a complete list of all governor -designated agencies which are still in process at EPA. Three designation packages have been cited by EPA as particularly good --Raleigh-Durham, New Castle and Des Moines. Copies of these materials are available from the councils,or EPA on request. 1. Raleigh-Durham, N.C. /Triangle J Council of Governments 2. Des Moines, Iowa/Central Iowa Regional Association of Local Governments 3. New Castle County, Delaware/New Castle County Council of Governments ; any 4. Cincinnati, Ohio (OKI)/Ohio-Kentucky-Indiana Council of Governments pollu- 5. Hampton Roads, Virginia/Hampton Roads Water Quality Agency 3el 6. Richmond, Virginia/Richmond-Crater Consortium 7. Roanoke, Virginia/Fifth Virginia Planning District Commission of Governments 8. Toledo, Ohio/Toledo Metropolitan Council of Governments 9. Dayton, Ohio/Miami Valley Regional Planning Commission uty 10. Memphis, Tennessee/Mississippi-Tennessee-Arkansas Council of Governments/Memphis Delta Development District "`= • �= _'�) 11. Portland, Maine/Greater Portland Council of Governments 12. Colorado Springs, Colorado/ Pikes Peak Area Council of Governments 13. Youngstown- Warren, Ohio/Eastgate Development & Transportation Agency 14. Knoxville, Tennessee/Knoxville-Knox County Metro Planning Agency r 15. Southern Maine/Southern Maine Regional Planning Commission 16. Northern Maine/Northern Maine Regional Planning Commission 17. Lake Tahoe/Tahoe Regional Planning Agency 15 ± > n E � "®�}K}�/ƒ ��r a%[ C-)®�E/J k §(k\¢\{}) \�( \�\to /§/ƒ�( , R k/\§7\)§* r ,e, CL EI,; 2\ƒ\. \}f! I ±�/® ) ;R■ . A / / / / ± > n lb � /}} ƒ ��r a%[ �/k k \�( \�\to , R �w E > n lb P, SEI a%[ 16 \�( \�\to r �w E > n . \ 16 § § 0 \ APPENDIX N PHS TJCOG December 19, 1973 Revised December 20, 1973 208 Water Quality Management Planning Section 208 of the 1972 Water Pollution Control Act amendments establishesi procedures for area -wide planning for water quality management planning for those areas in the county having difficult water quality problems. These areas for the most part are the major urban centers in the nation. 208 work is an effort to consider all aspects affecting water pollution together. Municipalities and individual establishments away from municipalities have long been involved in waste water treatment - and EPA is requiring even more thorough treatment planning and action. The 201 work that many of our local governments are getting into is an effort to develop the best combination of treatment and cost for sewerage systems. Yet having an excellent waste water treatment system is not enough. If our local governments in their anti -pollution efforts paid attention only to their disposal plants, they would be working on only part of the problem. Many other sources of pollution are involved. The EPA stock phrase for many of these is "Non -point source." Non -point sources include such aspects as the grater with a variety of automobile caused wastes that is flushed from our streets during a rain storm; the sediment that comes from construction sites; run-off from fields that have been fertilized; run-off from natural decaying matter on the forest floor; storm water washing through industrial yards. There are many aspects of non -point source pollution - and some of them are perfectly normal by themselves. When they are put together, however, in the built-up urban areas they cause problems - and the problems just are not handled by a sewage disposal plant. How should the non -point source problems be handled? The best answer at present is that for the most part we don't know. We know some things - but not too many. For example, we know that we should have sediment control measures; we know that our individual industries should do excellent jobs of housekeeping - but there is much that we don't know. Can anything be done to keep our streets free from gasoline engine residues? Can different kinds of zoning help in cutting down on septic tank waste problems? Can storm water be collected in any way for treatment or for retention so that it won't hit the streams in a big slug? Should an area think more seriously than it has about either concentrating new growth so that its effects may be handled efficiently or dispersing new growth so that its effects may be minimized? Should some areas with difficult non - point problems think about efforts to get new additional growth into areas with less difficult problems? 208 asks localities to make a thorough effort to work out answers to these types of problems as part of their total anti water pollution job. It is a very difficult task. 17 There is one other very difficult part of 208 work. What is the best way to operate and manage the complete anti water pollution effort in an area? How many waste water treatment agencies should there be? Is there improper duplication of effort at present? Can advanced technology provide more economical management? Should some systems be consolidated into a fewer number? What should be the relation between waste water treatment agencies and the activities of local government that deal with land use control? These are also difficult questions which 208 asks local governments to consider very thoroughly. So - 208 is an effort to consider treatment plants (all "point" sources, that is), all non -point source problems, and the management and operating problems together in one planning process. Questions: 1. I5 each local government being asked to give over its treatment Plant to a super agencyl No - but each local government is being asked to agree to carry out its portion of a managment plan which it adopts after helping to prepare - and this plan may well include provision for joint, combined, single, or other forms of unified and coordinated management - or it may include recommendations for separate management. The answers are not pre -determined. The plan that the local governments prepare jointly will govern. After 208 work completion, proposals for construction grants will be made only by an agency or agencies as designated by the Governor and included in the plan, with the grants to go the appropriate units as specified in the plan. 2. Are local governments being asked to give over land use control to the waste water treatment agency? No - but local governments are being asked to include in good faith their own land use considerations in whatever waste quality management plan they adopt. 3. Is 208 planning mandatory? EPA says strongly that it is not mandatory. Certainly, EPA is not pushing 208 planning all over the country at present; it is simply too big a job. However, it is believed that 208 will eventually become mandatory and that consequently all appropriate areas will have to get involved. Realistically, it is probable that localities that have completed a 208 plan will be in a better position for construction grants than localities in areas suitable for 208 planning that have chosen not to get involved. 4. Do all localities in a 208 area have to get involved? Yes, since part of the whole process is to consider the whole area that is tied together economically and "pollutionally." However and realistically it is hoped that the 208 area can be set up initially to include only those localities that want to participate. It is probable that a major hole in a 208 area caused by the non -participation of one or another significant local unit would kill the 208 process for that area. 18 ■; 5. What happens if a local government decides not to adopt the plan? This is a difficult question to answer. I expect that when a locality that has not adopted a plan that it was involved with applies for a construction grant it will be asked by EPA pretty rigorously to demonstrate why what it proposes is just as good as what the plan calls for. 6. Who decides on what areas should be included in a 208 area? The governor after advice from the affected localities and after public notice. 7. What agency does the 208 planning? The agency that includes local elected officials that is designated by the governor after advice from the affected localities and after public notice. 8. Who pays for 208 planning? EPA will pay 100 percent of the planning costs of work done before July 1, 1975; 75 percent of work done thereafter. (if designated, Triangle COG plans to complete before July 1, 1975.) Prepared by Triangle J Council of Governments P.O. Box 12276--100 Park Drive Research Triangle Park, North Carolina 27709 19 APPENDIX V NARC DRAFT RESOLUTION RESOLUTION INDICATING THE INTENT TO PARTICIPATE WITH OTHER GENERAL PURPOSE LOCAL GOVERNMENTS IN THE AREA IN A JOINT PLANNING PROCESS TO DEVELOP AND IMPLEMENT A PLAN RESULTING IN A COORDINATED WASTE TREATMENT MANAGE- MENT SYSTEM FOR THE AREA WHEREAS, Section 208 of the Federal Water Pollution Control Amendments of 1972, P.L. 92-500 (hereinafter called "Act") requires that in areas of urban industrial concentration having substantial water quality control problems, an areawide planning and management process for correcting such problems be undertaken; and WHEREAS, pursuant to proposed EPA regulations, the Governor, or Governors in interstate areas, after consultation with appropriate local officials, are to designate the areawide planning districts and a single representative agency, which includes local elected officials, capable of developing effective areawide waste treatment plans; and WHEREAS, Section 208 authorizes that existing areawide agencies may be designated as the official water quality planning and management agency; and WHEREAS, the Environmental Protection Agency has issued guidelines (40 CFR Part 126) for the designation of areawide waste treatment management planning areas and responsible planning agencies; and WHEREAS, the criteria contained in the EPA regulations for designating such area and planning agency are applicable to the area; and WHEREAS, Section 126.10 of the EPA regulations requires, among other things, that the local governments within a substantial water quality problem area must indicate their intent, through formally adopted resolution, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; and WHEREAS, the (hereinafter called "Council") has been actively engaged in water resource planning within the area and is the representative agency of the major general purpose local governments within the area for undertaking intergovernmental coordination and comprehensive planning for the region; and WHEREAS, the Council has formally requested that the Governor(s) of designate the area as a substantial water quality problem area and the Council as the single representative organization to develop areawide waste treatment management plans as called for under Section 208; and WHEREAS, the EPA regulations in Section 126.11 encourage the use of existing capable regional agencies consistent with the policies of Title IV of the Intergovernmental Cooperation Act of 1968, as implemented by Part IV of OMB Circular A-95 to receive 21 WHEREAS, such planning and management process will equip the Council's partici- pating governments with a significant new tool both to guide and control development and growth within the area together with an additional basis for evolving a joint decision for the solution of the areas severe water pollution problem: NOW, THEREFORE BE IT RESOLVED THAT hereby indicates its intention to participate in an intergovernmental process to develop and implement a plan which will result in a coordinated waste treatment management system for the area; and, BE IT FURTHER RESOLVED THAT hereby requests the Governor(s) to designate the area as a substantial water quality problem area and further designate the Council as the responsible agency to conduct waste treatment management planning within such area under the provisions of Section 208 of the Federal Water Pollution Control Act Amendments of 1972 and the EPA regulations promulgated and implemented thereto. 22 A REPORT PREPARED AS REQUESTED BY THE IOWA CITY CITY COUNCIL October 15, 1974 f IOWA CITY PUBLIC WORKS DEPARTMENT October 31, 1974 In an effort to determine the desirability of cleaning Ralston Creek, the Iowa City City Council has requested that the Public Works Department determine the benefits and associated costs related to cleaning Ralston Creek from its mouth to the upstream reaches of the north and south branches. In the context of this report "cleaning" means removing large chunks of concrete and other waste matter from the creekbed and cutting vegetation to the top of the creekbank. "Vegetation" means all growing matter of sufficient diameter to impede the flow of water appreciably, that is, all vegetation with stalks larger than common weeds. In an effort to determine the flow capacity of the creek under totally clean conditions various calculations were done assuming minor dredging. "Minor dredging" in the context of this report, will mean completely cleaning the banks and removing six inches to one foot of the vegetable matter and soil. It is assumed that this would be done either with a drag line or with a front-end loader. METHODOLOGY OF REPORT Flow characteristics of the creek running bankfull were determined at five locations on the creek and at four bridge locations. The five creek locations are listed below: 1. Main stem at Prentiss, station 39 + 60trr✓���- 2. Main stem at stream junction with north and south branches, station 95 + 86 3. South branch at Center Street, station 124 + 00 4. South branch at Muscatine, station 163 + 90 S. North branch at Rochester, station 116 + 00 'Chese particular locations were chosen because of the availability in the 1966 Corps of Engineers report of charts relating the flow in the creek to the frequency of storm. For example, at one of these locations on the creek, if the flow in cubic feet per second can be determined, the reoccurrence interval in years of that particular flow can be determined from a chart. The four bridge locations at which a capacity analysis was done are listed below: 1. Prentiss Street Bridge, station 37 + SO 2. A bridge 300 feet south of Burlington generally known as the VanBuren Street Bridge 3. Bridge at Court and Muscatine, station 115 + 00 4. Bridge at Sheridan, station 131 + 18 These particular bridges were selected because of their frequent mention in the various reports as being constriction problems during flood flows on the creek. These are not the only bridges that constrict flood flows on the creek; however, an analysis of these four bridges will provide a basis for ascertaining the relative adequacy of these bridges and others on the creek. ASSUMPTIONS FOR CALCULATIONS Many assumptions were made in the course of this analysis as part of the emperical equations which describe water flow. The most basic assumption was values used for Manning's coefficient, n, which is a number that describes the roughness of the channel. It was assumed that the n coefficient for the existing creek was 0.09 and that for the creek channel after cleaning was 0.07 and after minor dredging it was 0.055. These figures were obtained from "Design Charts for Open Channel Flow" by the U.S. Department of Commerce. -2- It should be recognized that these figures are not absolute and are adjusted by the engineer making the calculations to represent what he feels are actual field conditions. In calculating the amount of flow an existing channel can handle, the Manning's coefficient is a direct inverse multiplier, that is, doubling its value will cut in half the calculated amount of flow that can be handled in the creek. An attempt was made to select figures which were felt to be representative of field conditions. The formula for calculating water flow in a channel also includes the slope of the channel, that is, how much the channel drops in a certain distance. The available data did not permit an exact determination of slope at each cross section; therefore, the elevation of the nearest cross section upstream and downstream from the control section were used to determine an average slope at the control section. Calculations were done for the streambed assuming bankfull to bankfull flow only and no consideration was given to flood flows in which the water would leave the banks and move out onto the flood plain. Water surface elevations for flows larger than bankfull have been done by the Iowa Natural Resources Council for the 3 year, the 20 year and the 100 year storm and are available from the Resources Council. This paper will concern itself with the flows that would be affected by cleaning and/or minor dredging. RESULTS OF CALCULATIONS The flow rate, cross sectional area, velocity and year of storm the creek is capable of handling are listed below in tabular form for the five control cross sections mentioned earlier in this report. Table 1 is flow under existing conditions, Table 2 is flow after cleaning and Table 3 is flow after dredging. -3- Z N N N 3 3 0 0 0 (+a w C+ C+ (+ > s s =r to N (A N N N Ul C+ C+ +9 a CD (D m 00 a a ra CCD a rn (n v c i m o ((D A N 7 (D s n c+ w ct m a m a �. N C+ i N C+ C. N (D N c N N m w P+ C+ f+ O w N i to r- N r C+ \ r o rn w z + r w o + O I O N C+ O C 4pb N m + w n = ( ' CD m m m x o Ln rH -i O b H C7 CJ7 N Ol to (.fl O C•-1 O N O O 00 00 Ul N i N h+ V CT H Z N H O --I z H O ;7 z n to r N C) EA z r N N W � n •� C7 00 m 0000 ro 00 0 m -p y m c+ m C N W W N W cam+ r tl� \ O (D C") ON CD Ow0 m H n � � I H m �� ? Ol N .P mw � C O 20 (A :r* ;;o r m z n m N Q1 O 8 W 14 V V V w t - p N ko N A W N V N W W O A cn to W .T H m Z O N -� --i C-) --t cn (D m Q O w ;a c tn p p O 9't w w m m S S S %O N N N N N (n Ct c+ rD + a 9 (D OD rd rd r7o ecD a Ol N 'v Q C M 'S rD 0 N 7 CD 7 w rt,c ((D m w a C+ C� tA N C CD Pt C+ N VI (D w e+ rt c+ O w V) f o w w c + + -s o + ,r ct o p N S CDP A O + z w o C=) N Q1 O 8 W 14 V V V w t - p N ko N A W N V N W W O A cn to W T r 0 f N m � r H m -i c-) m r- o r m r a o -i z cr> a m a w CD —i r H m O Z N Z N C:) H o --i z H z a N r N —1 O Z n M M m 7Z .T H m Z O N -� --i C-) --t cn (D m Q O w ;a c tn n� r m z m m T r 0 f N m � r H m -i c-) m r- o r m r a o -i z cr> a m a w CD —i r H m O Z N Z N C:) H o --i z H z a N r N —1 O Z n M M m 7Z l Ln a I n F+ N w N w C) � rn � M C++ D rn Ln 4* rn o w C) 0 0 0 CD r w OD OD Ln z .gym -n • • � CD CD m ) CD n r o a 0 0 r m C+ no z P O m m s � ' s U0 N N N N N Ln �c�ppf (Cry+ m+ 9 3 co rd ro QDr7o rd 01 N 'C C O C m "; CD C) In C m C S n c+ a C+ m a ti a �. v� C+ -% �^ fiD -S n Ln m C+ C+ N Vf m w C+ C+ C+ 0 ' a a w w F ko CD w o o + + 0 + r Com+ O p N S O LO O W + w O O 0 S Ln a I n F+ N w N w C) � rn � M C++ D rn Ln 4* rn o w C) 0 0 0 CD r w OD OD Ln z .gym -n • • � CD CD m ) CD n r 00 N DM N r m O CD z P O m m Ln a I n F+ N w N w C) � rn � M C++ D rn Ln 4* rn o w C) 0 0 0 CD r w OD OD Ln m r 0 E N m � r x M m a 0 m r 0 0 -f a) c- n m w o r �-+ m C') O O Z w Z N CD O —f Z O ;�o z n cn r N 0 z n z m' m z .gym Z O to C � CD CD m ) CD eco N DM r m z m m m r 0 E N m � r x M m a 0 m r 0 0 -f a) c- n m w o r �-+ m C') O O Z w Z N CD O —f Z O ;�o z n cn r N 0 z n z m' m Table d indicates the flow at selected bridge locations mentioned earlier. Bankfull conditions were assumed similar to those used to check flow carrying capacity at control sections on the creek. The tailwater elevation of the downstream end of each culvert or bridge was assumed to be even with the crown of the bridge. This assumption implies that water is not being backed up from a downstream bridge or from a flow constriction in the creek a sufficient amount to materially affect the flow of the next upstream bridge. The result of the error of this assumption would be to overstate the capacity of the bridge or culvert compared to actual conditions. Flow capacities of each bridge and the corresponding year of storm are shown in the table below. TABLE 4 FLOW AT SELECTED BRIDGE LOCATIONS STORM FLOW REOCCURRENCE CAPACITY INTERVAL c s ears Prentiss St. Bridge, sta. 37 + 50 19420 5 VanBuren St. Bridge, 300' S of Burlington 19950 10 Court & Muscatine Bridge, sta. 115 + 00 1,850 20 Sheridan Ave. Bridge, sta. 131 + 18 11050 4 It should be recognized that these figures are theoretical only and do not take into account such factors as capacity restrictions caused by poor alignment of the bridge with the channel, blockage by debris and, in particular, reduced capacity caused by water backing up from downstream -7- bridges or flow restrictions in the creek a sufficient amount to cover upstream bridges. It is felt that this may be a fairly major factor since, according to the calculations, the VanBuren Street Bridge 300' south of Burlington and the Prentiss Street Bridge should be able to handle a flow in excess of the 3 year storm and yet, the Iowa Natural Resources synthetic backwater curve shows that these two bridges were inundated in a 3 year storm. The 17 year storm in 1972 completely inundated the Court and Muscatine Avenue bridge and yet calculations for this bridge indicate it should be able to handle a 20 year storm. ANALYSIS With regard to cleaning and dredging the creek, the above figures indicate the following facts: 1. Cleaning the creek will have a modest affect on capacity. 2. Dredging the creek will have a significant impact on capacity. 3. Of the four bridges studied, two of the bridges have rather severe capacity limitations. 4. Two bridges with capacities of 10 year and 20 year storms respectively are frequently inundated in small storms apparently by backwater either from downstream bridges or flow constriction in the channel downstream from the bridges. It must be reiterated once again that the above calculations are mathmatical only and are predicated on many assumptions based on engineering judgment which may or may not truly reflect the actual field conditions. It should also be realized that the above analysis on certain control sections in the creek and certain bridges does not reflect the total creek, nor does it give even an average of conditions along the creek. The creek cross section changes shapes in an infinite number of locations and the different types of bridges, while -8- involving inlet control, outlet control, roughness coefficients, alignment with the creek, debris accumulation, duration and intensity of rainstorm, just to mention a few factors. These factors have been taken into account in synthetic backwater curves generated by the Iowa Natural Resources Council for a 3 year storm, a 20 year storm and a 100 year storm. Their backwater curves were run for a variety of different bridge configurations; however, they assumed the creekbed as unchanged, that is, no dredging or cleaning. The above manual analysis in this paper was done in an effort to show what change in carrying capacity could be expected with the existing bridges and changes in the creek accomplished by cleaning or dredging. COST OF CLEANING AND DREDGING RALSTON CREEK Cleaning of Ralston Creek could be accomplished utilizing City crews and City vehicles. In previous years minor cleaning has been done by City crews, but not to the extent envisioned in this report. Out-of-pocket costs under this plan would be minimal since labor and vehicle costs are fixed for the most part. Estimating the time needed to complete cleaning of Ralston Creek is extremely difficult; however, discussion with the Division supervisor indicates that three months time would probably be adequate. This assumes a work crew of five to six men and three dump trucks. A more definite estimate of time, men and machines is difficult to make at this time since the amount of work to be done in the creek varies so much from section to section. It is the general feeling of the Public Works Department that diverting this number of men and trucks to the cleaning of Ralston Creek would not create an unbearable strain on the resources of the Street Division to perform its other winter tasks. During times of snow plowing and salting, work on Ralston Creek would be terminated. In summary, cleaning of Ralston Creek would generate a minimum amount (if out-of-pocket costs and would not seriously hamper the normal work routines of the Street Division provided the work is done during the winter months. An estimate of the cost of dredging Ralston Creek is based on a number of assumptions. For purposes of this report it will be assumed that dredging will be done either with a drag line or a front-end loader at a cost of $25 per hour plus the use of five tandem dump trucks at a cost of $20 per hour. These costs include driver and machine. With these figures the daily cost for operation would be about $1,000. The next most critical assumption is a determination of how much creek can be dredged in one day's time. This figure would vary from section to section depending on the configuration of the terrain; however, an estimated figure might be 300 feet per day. Since the distance from the mouth of the creek to the centerline of Meadow Street is about 20,000 feet, total dredging time would be about 70 days. Additional time would be spent on the south branch from Meadow Street upstream and on the north branch; however, for purposes of figuring costs, a 70 day estimate will be adequate. Based on this figure the charge for a contractor to dredge and haul away debris would be approximately $70,000. Significant additional costs would be generated in repairing damage to private property caused by heavy equipment and dump trucks, but it is impossible at this point to give even a rough figure for repair of this type of damage. Other costs would be created in seeding the dredged creek for planting of grass. Most authorities on the subject of stream erosion state that banks no steeper than two to one should be used to prevent severe erosion and the Corps of Engineers report in 1966 mentions that the material throughout much of the creek is readily erodable at relatively low stream velocities and the slopes of a new channel in this particular material would require stone protection in some reaches of the -10- L creek. Still another undefined cost would be payments requested by property owners for permission to cross property, easements through said property or easements for minor widening of the creek. In summary, based on the many unknown costs for dredging it would seem most judicious to simply give a range of figures for cost of dredging rather than one specific number. At this time a figure of $200,000 to $500,000 would represent a best educated guess by the Public Works Department. This figure assumes all construction work would be done by a contractor with legal work done by the City staff. BENEFITS OF CLEANING AND DREDGING RALSTON CREEK The Corps of Engineers report in 1966 showed that total flood damage for the 1962 17 -year flood was $353,000. A smaller storm in 1965 caused damage of $163,000. The year of storm the 1965 flood represented in unknown other than it was smaller than the 1962 flood. Normally, to determine the estimated benefit of a flood control improvement one must assume that the improvement will enable the creek to handle a given storm and then determine the damage to adjacent properties with the project as compared to damage to adjacent properties without the project. For instance, on Ralston Creek the Corps of Engineers compared the damage done by a 17 year storm under existing conditions with the damage that would be caused by a 17 year storm with the improvement and designated this as benefits. The benefits of cleaning the creek compared with not cleaning the creek is somewhat more difficult to determine since the improvement on the various reaches of the creek varies considerably as to the year storm it will handle. For instance, of the five control sections studied in this paper, the flow the creek will handle after cleaning varies from 1-3/4 to 9 years. The benefits of cleaning -11- the creek could be compared in at least two ways which are listed below: 1. Referring to Tables 1 and 2, it is shown that the main stem of the creek. at Prentiss can handle about a 4 year storm with existing conditions and a 5 year storm after cleaning. To determine the benefits of cleaning the creek it would be necessary to assume a 5 year flow in the creek for both a cleaned and uncleaned condition and then compare damage to adjacent properties with the 5 year storm assuming first a cleaned condition and then an uncleaned condition. The dollar difference in damage between these two con- ditions would be the benefit derived from cleaning. As another example, refer to Tables 1 and 3 and compare the south stem at Center Street. It is shown that the creek after dredging at this location can handle an 18 year storm while the existing creek can handle only a 6 year storm. To determine the benefit of dredging at this location it would be necessary to assume an 18 year storm and compare the damage done by an 18 year storm in the existing creek with the damage done by an 18 year storm in the dredged creek. The difference in these two costs would be benefit. This same procedure can be followed at each of the control sections on the creek to determine benefit. Unfortunately, determining benefit in this manner is difficult to interpret because the storm reoccur- rence interval at each control section on the creek under existing conditions, cleaned conditions and dredged conditions fluctuates widely from section to section; therefore, no common denominator can be used for comparison among all of the sections. Procedure No. 2, listed below, provides a methodology for eliminating this -12- 2 deficiency. In order to provide a common denominator among all the sections of the creek, a given year storm could be assumed such as a 10, a 20, or a 50 year storm and the damage under existing conditions caused by this storm could be compared with damage caused in a cleaned creek. The dollar difference between these two figures would be benefit. This same type of comparison could be made between the uncleaned creek and the dredged creek. While damage estimates are available for the 17 year storm flowing through the existing creek with the existing bridges, no estimates are available for the 17 year storm or any other year storm flowing through a cleaned or dredged creek. The Iowa Natural Resources Council indicates it would be possible to set up a new program and run it on a computer using conditions that would simulate a cleaned and/or dredged creek. This would give the water elevations caused by any given year storm; however, it would still not develop an estimate of damage except in the reach from Kirkwood Avenue to College Street where the Corps of Engineers has developed a chart for elevation of flood water compared to estimated flood damage. Given the non-homogeneous nature of the creek at various control sections and, in particular, at the bridges, and the paucity of information regarding flood damage costs, it would seem impossible at this time to give an exact or even an approximate benefit cost in dollars for cleaning and/or dredging the creek. About the only correct statement that can be made is that cleaning or dredging the creek will help; but stating a figure in dollars cannot be done. Eliminating dollars as a comparison tool and comparing only flows in the creek still does not result in a meaningful number since the flow the creek can handle at any given point varies depending on cross sectional area, roughness coefficient, etc. Looking -13- at Tables 1, 2, 3 and 4 shows the widely varying flow rates and storm reoccurrence intervals at only a few selected locations. The validity of these figures should be suspect since a true interpretation of the Mannings Formula for open channel flow assumes that constrictions downstream are not affecting upstream flow. As is well known, bridges on Ralston Creek do create constrictions to flow and, in fact, many points along this stream other than bridges appear to create constrictions to flow. CONCLUSIONS AND RECOMMENDATIONS Since benefit costs for cleaning and/or dredging the creek cannot be determined at this time, it is impossible to make a sound decision on the merits of cleaning or dredging the creek. If a correct decision is going to be made, much additional information is going to have to be acquired. Acqui- sition and interpretation of such information is not a modest undertaking. Such a study would have to be equal in depth at least to the Corps of Engineers report in 1966. This particular report included field studies, topographic mapping and soil borings. Elevation discharge and discharge frequency curves for both natural and modified conditions were developed for a number of locations. Water surface profiles were drawn for the 17, 50 and 100 year frequency plus under both natural and improved conditions. Flood damage investigations and associated studies to determine the existing and anticipated development, property values and possibilities for enhancement of the area were made. In formulation of the project, benefit analyses were made for several levels of flood protection. Based on the foregoing facts, a recommendation is made to seek a permanent long range solution to the Ralston Creek problem sufficiently broad in scope so that a 50 year or 100 year storm can be handled without appreciable -14- damage to adjacent properties. While the probability of a storm of this magnitude may seem relatively remote, studies throughout the State of Iowa show that these occurrences are not unusual and, in fact, even greater storms than 100 years magnitude have occurred. Any large expenditure of funds that provides creek capacity for only a modest storm would not conform with policies generally accepted by flood control agencies throughout the United States and, even more importantly, would not provide protection to adjacent property owners from catestrophic floods such as the 50 or 100 year flood. No definite recommendation can be made concerning the merits of cleaning and/or minor dredging of the creek. Calculations in this paper indicate that the increased flow that can be handled by measures of this type fluctuates widely and no dollar benefit can be assigned because of this wide fluctuation. Besides the dollar cost considerations, one should also consider sociological and aesthetic implications of cleaning and dredging the creek; however, putting a value on parameters of this type is beyond the scope of this report. Given the earlier statement that minor cleaning of the creek would not unbearably detract from the other wintertime functions of the Street Division and that out-of-pocket costs for an activity of this type would be minimal, it would seem that the difficulty of assigning a dollar figure to sociological and aesthetic considerations should not have an overly negative impact. The purpose of this paper was to provide facts upon which a logical decision on the desirability of cleaning or dredging Ralston could be based. It is the conclusion of this paper that such facts cannot be presented comprehensively at this time. If interim measures are desired on the creek, -15- it is suggested that a course of action be followed which will minimize out-of-pocket costs since it appears, based on the preliminary mathmatical analysis presented in this paper, that benefits of cleaning and dredging cannot be a accurately determined and will fluctuate widely at different locations on the creek. -16- ■I APPENDIX a. Some grass and weeds, little or no brush . . . • 0.030--0.035 b. Dense growth of weeds, depth of flow materially greater than weed height. • • . • . • 0.035--0.05 c. Some weeds, light brush on banks . . . . . . . . 0.035--0.05 d. Some weeds, heavy brush on banks . . . . . . . . 0.05 --0.07 e. Some weeds, dense willows on banks . . . . . . . 0.06 --0.08 f. For trees within channel, with branches submerged at high stage, increase all above values by. . . . . . • . • . . . . • . . . 0.01 --0.02 2. Irregular sections, with pools, slight channel meander; increase values given above about . . . . . 0.01 --0.02 3. Mountain streams, no vegetation in channel, banks usually steep, trees and brush along banks submerged at high stage: a. Bottom of gravel, cobbles, and few boulders. . • 0.04 --0.05 b. Bottom of cobbles, with large boulders . . . . . 0.05 --0.07 5 From Design Charts for Open Channel Flow", (see P. 5-14). 5-50 APPENDIX I• _