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1974-11-26 Regular Meeting
ctr xy .i 't Cr It y"- - f 1 low ajkx. '',� t L 'tisc cloci j! AVQ loans j- r V ay- 1 . L4-aC Y ky y fj tout j ( QQ WoM OWN, AM 6 b r - - .�E ) 1 � "��' .. $'4 � ✓c it t E s `1 i -on, f . ill n irk FF f ✓:^x k f i i:.. - �.} z Y ❑ T ,� � Jv r t Heti >S i? t� � ' ry`_'=," �,,,tJ f _� _ L(J �w�cvc... z--� r' � _ ti x �, _.... ,; �__ �.. n R 0 L L CALL Regular MEETING OF November 26, 1974 7e30 P.M. DAVIDSEN dePROSSE WHITE j 1-11RUTES90FA V'REGUL 1EETBIG"! J10VEMBERi, v" L Z' 4 'M3 Z ii,30` l,, �.Z The, 'j64a " A , City.-CoWici1tme in -'Regular ar Session%on the 26th day;o"N"VemYet 7C4dt1Tn30 :,the Council Chambers a .: ..;._..Pr6�s44e rtT Bgi.dh-"d - 7. idt4r ir�dck �-i-D ; ,V.i. sen deT, ro s s e White hite Absent' nonb.JayofacidiibT,presi The Mayor noted that YaqbnsxecorcecPthe-meeting;. portionsto be e broa cas, giqatthe- discretion fon,o �A e_ra ion station and intmo, .e �ltyor��th -Counci Z t- seconded a vidsen that -P pand s-_ecc h It was -de ..'rosse, the minutes ;read thus f h minutes. 11'.:,'of the 0. mi- 6n'st1.tu_te,,�-.au reading a i n g ..... . f.'S06c 1 a C oun"cd"l,-e.c.` ,ting of November 7t h and Adjourned Council Meeting nofk No"t,13th-and thatC6uncll o t'f carried he, 6's U' b 3- e' c t cleProsset t the! of P an cominis 4 s ion Y. hg minu es-, S!p t, of ,the /7 4� '11J 6174 U b r arBoard a rd , 1 y t.)-luU 2 24 4 14`� 7- on', 'M Y-�7§ 1 47 Ad�� it c . e - iv on and -ifftm �2 TEt2 1-1 ed: and filed Motion V' to.� set..a,. CPublic louiwl, StreetlA a b f=, Bur ki Mot 1.0 carie xr -a Public sHear'n sto'. Rezone fa` Tr.act--;.of,. L' nd `at :2650 South erside- Wal e -D rive)�tTomy,, Tor_ U 17 ecembev, -th ,-5 V sl_ a'vidsen��toset a Bra �zwas., and..�Public' It --d `,Doslge�Street-Area -�Hedring,, -t( r `and' kezon�v -CRUP 7 Rai -l -road': out =o Burlington' S tribe -sand -A�N oirt h,.`o f: the d in— carrie zone60:ar�,_'M.�Z7 e��f of ll,9 `From.*!an7-tIR3X Motion:, qe. tse ayopgi.,C -he for cki&dnnou t Et ed: t, he 1 J:,Se_i. R- " �ito Amend' the Hi h Tubl ic H Ordinance - ''nd -'d City c Acting Manager, _.wZ-6ifiAk0,Co ejhA&Tenh�i si-i-Kiiif%tz4 Ad t r ov 151-1 ons �,xthte( -di groun f lie: Ordinance ,on the noaing 'd,�,: or*-.'Consideration,f o t commented. d insure zone: ,,,�and ti�ihis Oidinance moul It carried: S ton, r, 3 e t comp•atibility 'here be"in'g. no :others t`lblj:-- it _,', i ing,-,� eg C,0m I& lk closed. 6 -spT; i ;Mayor i, _N4 3, 7 T", PageAI } _ k° Ott 4"November'>26;� :1974 .ems+ } the Ma r regarding one arkin he"question :wasar sed by i z Y s�acefoirtwo«un.£ssfor: elderl housin in the downtown area. v Acting City.}Managex Dennis=Kraft"advis'eyd that 'the Board of --AdZS ustmencan grant a,reduc-tion :of 50� of th"e number of arkzngspace , but it�4.depeft s,�on what kind_ of a;project and P _:: where it is 1pcated. tCounci:l° discussed resolving of uncertanties such as %zoning' or ad�iistments Mayor, Czarnecki �not0 t5receipt sof - thg City AttorneX repor )_. on filTin wacanriesr'to the-`CityxGoun'cil Attorney Hayek .exp neck Council then discussed various alternatives :for hsrconclusions.VIt was moved by the nomination `roces�s:az Brandt:and seconded by Pr Davidsen'thatYnames of :persons interested p being .candidates. thevacancythe'Councilbe received, by' S=i00.PM. on the 13th of December -in the;,,-- it Glerk's _office Motion,..ca Furtherproceduie.'tosbet�discuslsed at4the next meeting. ThewMayor relayed the re uest from 'the Steerin Committee -. font ousin.CominunitDevelo meat or- un s or . a surve Council o %G� Itwasmoved by deProsse,=and seconded INC severah concernsK the Permanent r.by Czarneck�to endorse theconcept� of a survey. by' Steering' {Committee and allow funding up to $500.00. Motion cang rried,°Brandtvotinglr'no'i C > L 1 w`a d aft of an Ordinance which would "re cal Sectionf7:12'`3A G= D "of the Munic' 1' Code P s ificallvrlt would" no longer V64'a'crime to 6e intoxicated It wase.moved;by deProsse rand seconded by ,White to refer the \b N.Ordinance to the °C tyr_Manager �arid rthe; City Attorney' for, :review and schedule^on theUDecemiier 10th agenda Motion carried, 4/1, 'nO' Brant.dt voting • . V, 'C IC Acting City= Manager DennisK Kraf reported,.that the Io a 'flag i� . -r-o- ,r r r Was ,now;"o f;ourflagpole. on n ollective .bar ainin for fhelPolicheuoutl 27thtforfdiscussingltheaelectionfwhch will G meeting onNovember,�a „b`e Dec'ember.;3rd,' Informal negotiations would start on December 4th.; anticipating Councilcertxficatonzof el_ection.on December 10th, `ro os;ing=offers' from both`, sides ,on -December 13th. He noted P P basic yagreement' onr the bargainsng unit. He `reported on;the percentage��of increase in.salaries for the 24 :month per odrby,9groups including'10 2a to policemen)"fore a 7grincrease: Krafts o t�1 ried a timetable for recei t of bid x - for ,the e`lderl` Decembe ' 2nd recei t "of bids; oustsi r._December.i3rd Athrough5 12th; reY.iew :by Staf a }12thHDecemberml6thl� _a verbal presentation hby�developers on th Councl�inrformallyquestions}developers,December 17:th,:Housing Commissioninakes recommendation to Council, and Council announces:.: i _ i J._ y,_19VVGAINVI- .+v, their selection After discussion, there was a,general.con- currence-by`the�Councilafo'r the City Manager's recommendations. Attorney.' Hayek .noted., r.ecei t= b Council of,: -_his. re orfs on the; spee ing4'questio aIL on :ge `ection-.o a` ne Councilmember t e =a so exp mine ;tt at Ur an,[Renewal :Director; ack Klaus, had asked him r,to pr`esent3�a .r'e lution- a aloes -for arcels 3 .17 Craridic 93 18 Edward's• 101 11, reenTan lAaAl2 _Edwards It was moved by deProsse and a�G econ e y ,1Vhite `tto,"adopt 'the='�Resolution, ' Upon roll :call ` Brandt, :,Czarnecki';= Davi;dsen deProsse and Whrt.e voted.'_'"aye' Motion carried ti City,,Attorney Hayek also asked-for.'t`ime during r tHe4executive sessionato'discuss;'the lawsuit for"Amerex and V the lawslit,forwBelle�andort: It' was'movedby;deProsse> and seconded `by. ;Davids en that th.e !rules be suspended and +the°';this readin o the Ordinance to (•Rezone a ,Tract ofLand.owne' b Alvin�Streb to an D41 Zone be . t ' e onl ;Y °Upon =roll call{ Czarnecki, Davi sen deProsse,c White; Brandt votedf[!aye't. MMotion carried and third reading I given:by title only. ;Tt was Brandt;. and seconded' by Davidson to--adopt}the OTrditiranc`e.. Upon roll "call Dav_idsen, deProsse, White Brandt Czarnecki;voted'!aye'. Motion carried ' " ` by Wh"ht heite;a oveyProsse-and seconded:Itwas m ... rules beT suspended and the third=readin of theeOrdnance Ameridin o naoLtf-the dat the.'Muncpal:..Code, l ` anmen mets eraec rsca a Re ealin Chapters 9.20` and Enacting a,°New :Chapter in Lieu Thereof bePgivengb'y title only.`' Uponr£o hcall deProsse, ,White, Brandt, Garnecki,' Davidsenm vgtedt ! aye'L Motion ;carried and third reading g ven,.b`y�trtle• only NR—Count , _!F discussed changes from ahe original Ordinance ^The mot" 'by?d6Prosse`arid secorided.by Brandt to adoptthe Ordinarice;wasFwithdrawn� It was moved by- .I y deProsse and seconded? by 'White rto "defer 'rt for two ''weeks for;.the City Manager to investigate'the acharges. I.t" wa`s 'moved byBran dt and seconded :by deProsse that the; T } Y rules be°suspended=andthe„third reading of the Ordinance to Amend the?Municipaly3Co by Amending Section 9.20:1` rid to a 1975 National'Electrica°1�Code, be given: Adopt, by 'Referencethe U by title only: Upon roll', -.c ;,White; Brandt, Czarnecki, Davidson,' deProssevotedF'aye'.s Motion carried and: third reading given by tittle only. :hIt was? moved Eby; White and seconded by deProsse : that actionbe'c�eferredrfor ztwo`weeks. Motion carried. ' Attorney,Hayek*explained the statusyof the �requesC�`to purchase` the parcel of v atedFa'and, ,the , est half of the alley near, the intersection' of`�La£aydtte,�Street and -Maiden Lane He n 1 r -, ,�, 11`IV VGIlIIJGl y4V, ..+.✓-T - t suggested that another appraisal�be done. There:. was no obj�ction,by the Coun`crl. _ s As the a� raisal- ha's not been finished; for the park portion of `WashingtonpPaik3Ad�di'tion PartW9, and advice from Attorney Hayek that' if1 -tlie.:prelminary plat `for Washington Park. Addition Par 9r meets -a 11 requirements, that it ,was t:.valid ao r use approval'becauseof the attempt to purchasepark property it was, `moved ;bye Brandt` d seconded kby tarn A ki> to' adopt the,., e " 1 tion' A in Pr`eli i•narPla for Washin ton Park:' n.,A'ddition�Part�9 r ;Upon ro11 ca1lBrandt, Czarnecki, Davidsen and �h deP.rosse vote Aaye', Whiteabstaining. Motion carried 4/0. The City Mana er was,�instruc,ted *to to l the developer," Mr,. Glasgow," g ror.,;do any paving or t grading in the areaforSthe;Tar kYor,,on Green Mountain Drive parcels at this It°was moved `bydePro e£and seconded ;by White to adopt the'Res'olution Althor3. Joints Law Enforcement"Architectural. .Stud and {Prov din -=Funds Iowa Cit -shar"e to 'ibe 1 754.00.. Upon ro_lli cal Czarnecki, avidsen, deProsse,b :White and. Braridtc` voted 'aye! v`Motion carried ;`Designations f.or;.persons on the- Advisoyy Board were °di cussed'' I�t was m0. d ,by_,,deProsse ;and _., seconded by ,Czarnecki 'to appointlLinda Dol'e, �and"two designees =from: the-'City..:Manager:- Motion carried. Item'18=will beadscussed in executive session, possible ; Anadoption of the Resolution after reconvening 'in regular session -! , t s- �', It was4 moved' by; Wh e ands conded b deP,rosse :to adopt the: -Res' lu on Awardiri' .Cont :.ac':t for =::the. 19.7-4:.Sidewalk Assessment- ." ro ram to.; o ons:truction flnc:;o Iowa Ci.t in ,t e. amount;: - opon�bro ca avi sen, e" "rosse. its voted e' , ;Brandt and .Czarnecki°Motion carried, ` 3/ 2 . ' It was;;mov��d by^deProsse`and seconded by,Davidsen to adopt the Resolution[Accevting=Work�ad 0 de n Pre aration of Plat -and Assessments` forethe 1973 Pavemen't`s Imn*^�rpments 'Pro�ramlt done Metro"Pavers-''Unonkroll�call White, Brandt, Czarnecki, ote Davidsen dePxosse wd`k'aye''.f;:, Motion carried. i It was ;moved by�deProsse and seconded .by Brandt to ado t the Re-solut"ion Adoptng and Levying�.ahe Final Schedule o `Assessments'and,Troyiding =for the Payment -Thereof .tor. the 1973 ` Pavement-Improve"ments::Pr6gram 1 Upon roll call Brandt,Czarnecki,c -Davidsen,'`deProsseWhite,voted 'aye-'. Motiori carried. It was moved byi Wliite h d seconded by deProsse to ado t v,: he: tsolution�Estabhishin Sto Sin at `the'Intersection"of ,fth-K a a - an -'A an-afGrant>:Str:eets Upon; roll cal deProsse; ,White,* -Brandt voted�4'`aye! , °Czarnec i ::and Davidsen voted !no Motion carried, z 3/Z u N -We-m-N X, that; there - on meeting dtihedi- December e ""b" -Brandt by ZePr_osse� that the ari&�asecon V Dubuque. 5 t Rarding 1p, D" e j, re the" license orE almrstr be ett Y '1--re'-ei and =f kled-_., and--JthP- Cit received 'Motion. -�-Attbrne dOCity r carried t e V i hat h se hate �:tj Davi o ,'-..was, mo & I t _e-q u es tAz�t o: 7 I(n: C. -T Windsor- J, 'to put cha s6��7-vacated -��%Iarid' nebYlNdf.th� Mark e t---,,,PbLrk be'.'referred the City; -Manager -sse "Was a. V r ePro t the letter rf om Al Sorensen X212 'S s. -6n S reg ar ingk tv _public� to T -:City Manager- -4�.rece ive-dz"- a:ndv4ITed,9an&�-.r.ef erre d the restrdoms�)be_ .,2 and Desi`Qn:_'Review-=Board. Motion :carried. s & c -on d e-. d b U -mov e W. yi- v�, ep,ro I v ..that the Y.a S -Z b 'B pro -posed rezoni Ic from ng C p�eLt 1 t f -,Street S�- be--.- re . ceive,d�an n " Lucas ery,� o �.Governor:j,-;,�,.! -andnfade:i�par o Januar fi: I e d v -on-V, of -on Carrie RT , b-- -b Tavk Bra rki d dsen that Oe J y c9m ee SS mitte_� ding-'ak�humaiv laizensrAIvisor .y ,�.-,Commktte .-,.Develop t -"Act' -!of �1974` -,: needs ks)-and�--�theAf n a ITys -men -6dV, nWrepopt --,Fto!�,the --�Steering.' -Committee be--receilve -��_--,andile - ion.4 -Dev'.carr-ie d eloDment- riv"and- CommunityZ for�Housi A d s-e'd-o' a dd de' Davidsen that the. Letter :from J.It "b '�Iiafi4t A n d'b t_a, 10 A_b, 0% 'Gen'eral 1, I `r�O"'Serij-ces---A 0 c ert,.- 'n,,be.-� ei 'Ift e�,,, ld_��--,Poit,�Office-Q r.ec, v,ed-.:a ander nd-.-file'&' t U ..was ,. --no interested. Upon roll ,call; motion; was Ynot 777f Tins 5 -i� Brandt d L't"Vd-','Noting It was ;moved by Nsecon e -_t Brandt that %j e ::wetter h 6 Abe_ received; and f;lled referred 6 rr- Manager and d the h o:LAg--.t ejoInt:%: facility City At to rn ey, lf?_those 1J:_,Td : study, .and tb schedules an informal discussion on ce amberl9t andDe fk t L 4 r d vQn r 1 Ietl:ivi�bo of cirri d vo -onded,.�..-,by.-.�,-,dePrbsse:.,to-i;aclop �t,aiiV��sec 'B- 1 uor Permit Appli-1, -k Cligs X' ee s lttl s - W al t e r Fl�& P o Ly jz e n D*O h 1- d b al W a ��Maiden ane. c tioiv�lf or roll callv Czarnecki; -'White Brandt 'upLePr�dsse n Council 3 _was v f -6 b ia Ifb v-�D t seconded ry � T ncarried c .;' 0 c voted Q _l VN V NovO-mbe'r-Z6-'1'974' _-: ran, It :was moved seconded by White toadop t he�Res_ldtJqn pr vdngPermit lApplication for av: call aMburgi on'Aroll 1- T D Ldsen dePross ye,,:.Mo ion -carr ed: White to a opt 2 e`'.�.al eso -:fortHambu t R n r roj� TosseWhite Brandt =Inn .A:��-.L.Lii���.L-owa.,L:A"nu6��'�: Up,on�-t lk c all-,--n'd eP d�f zdrni�cki-,.-�Davidsen'-?.�vote I i ' , d' rrie, ,.-M6tU aye.-, bs s ex F� P A VS s 0 r .,second'e. yTavidsen to adopt p -0 C �s xquor. Permit _Appli.. he'I-�Re`s ovine' 'cation; on'y�f or W -first �,-,Aventie�--,,:!Lounize,4�'db-a�/,-.the^,:�*Annex l' -819 First�iAve.. Upon' roll ,call -zWh .%teii��4Brand, ti, --Czarnecki, �_i-Tavids -deP.rossevot. en _e d 'aye'.z Motion carried - was moved r n' 3,,,an --,,�s,eqon e ado t. the d.-' dr by d b "B tr-' d, y-deprosse Resolution;.ssui-nz ClAzaret-te 16r(p a's c o Marketing 731'1' RiversIdev. Drive z Upon. _Czarnec all, ki ft*e,,i'pN6t6d-!,- carried.. Xi� aye', -Z i J, ',,b�,-,d6Prosse -to-e,- - _dli "Bdti, d e& It was vq -:x y.�a ran an 4'secon t A -92'su e n ine 2amouj f -6 8.1,8 2 6 ct�--to.'audit. disbursements'] h ouncilwoman Davldien,.-,�not dA!]-,Ifhdf,:Ithis was e..- ast meeting, 'lkid& essed, in 0 .1 and y iz;�� of-, mirix-stiatiViN expressed. ,City, Kayii'ji -.4dedicated,''`"andvaluable, iridi- -, "I. -I. , 141 appreciation s-�kr&-v I` 'd ki t d'i I ua -,7an e , er-iicareer - - .4�career*� ayor,, �qrpec u stated that this also 3:-r,.e 4pp ctofCqack to'�;ou Klaus f.:'mem'b.ers. fa,f S dt' h'd--C ty�,Is .f -lo in -7 C, Y,,�T r a ri'd t. 4- n .-.secoiiae-&,'WDavi sen. to adjournto a "d Et,;-��ka's4Z 646d b� e iverfront.-i. e x IV& e:§is IX.toz Is DW ointment' d` to �th' (R .and `1e al OMMIS:S awsu e 1-1 e !�Upon,, -ro 11 'call Czar :Lts- n e -P. i f Mot aVidsi6n��-L-`--Tdb Bia"fid _il�-.6' ion carried: e --cAdye P M 5 After executive; session �-,.-Wa`s'_?'�'� 6, was moved --by, White and - d dj t* _,-s' e tosse�,f o,;�q journ,-.. oto e --._,,set .Motion session._ 60.rosse at the Mayqr I 'Ana- �seqoh I _s. P I 'a s Horton, tRob6ff?-Sltifiib- . I and.. -oren-.H rto -dnt� C is-slon 4 .51 Nthe omm J,terms expiring -on e -A -Ya oved�`,41�f�--Nc ec 't-lonjioicar December rie&. F, V -seco IA7 a s,:moved by ed b lfto adopt �thee ,was a n de X, d Ae-s 0 lution 'r.,an( 0 i *t h Iowa Cite k -I nteriifft-lonalAssociation - fFi:i.efkk�fftersLocal' :,610 -AFL -C 0. V) A A ed .`by . B;randt ;to adj ourn K IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF NOVEMBER 26, 1974 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON t h � t • K IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF NOVEMBER 26, 1974 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON AGENDA` REGULAR COUNCIL MEETING NOVEMBER 26, 1974 7:30 P.M. Item No. 1 - Meeting to order Roll Call Item No. 2 - Reading of minutes of regular City Council meeting of November 12, 1974, and of special Council--eting of November 7, 1974, and of adjourned Council meeting of November 13, 1974. Item No. 3 - Mayor's Proclamations. a. Prisoner of War and Missing in Action. Item No. 4 - Public Discussion. Item No. 5 - Receive minutes of Boards and Commissions. a. Planning j of November 14, 1974 meeting. b. Housing Commission minutes of November 6, 1974 meeting. AGENDA` REGULAR COUNCIL MEETING NOVEMBER 26, 1974 7:30 P.M. Item No. 1 - Meeting to order Roll Call Item No. 2 - Reading of minutes of regular City Council meeting of November 12, 1974, and of special Council--eting of November 7, 1974, and of adjourned Council meeting of November 13, 1974. Item No. 3 - Mayor's Proclamations. a. Prisoner of War and Missing in Action. Item No. 4 - Public Discussion. Item No. 5 - Receive minutes of Boards and Commissions. a. Planning and Zoning Commission minutes of November 14, 1974 meeting. b. Housing Commission minutes of November 6, 1974 meeting. c. Library Board minutes of October 24, 1974, and November 7, 1974 meetings. d. Riverfront Commission minutes of November 21, 1974 meeting. Item No. 6 - Consider setting a public hearing to rezone 13 lots in the Summit Street area south of Burlington Street from an R3A Zone to an R2 Zone. Z-7422. Item No. 7 - Consider setting a public hearing to rezone a tract of land at 2650 South Riverside Drive from an R1A Zone to an M1 Zone. Z-7421. Item No. 8 Consider setting a publichearing to rezone Governor, Lucas, and Dodge Street areas south of Burlington Street and north of the CRI&P Railroad from an R3A Zone to an R3 Zone. Z-7423. Item No. 9 - Public hearing, on a proposed ordinance to amend the high rise provisions of the Zoning Code. Z-7417. Item No. 10 - Business from the City Council. Item No. 11 - Report on items from the City Manager and the City Attorney. Item No. 12 - Consider ordinance to rezone a.tract of land owned by Alvin Streb to an M1 Zone. Z77419.(Third Reading) Item No. 13 - Consider ordinance amending the Municipal Code of Iowa City by adopt- ing the latest edition of the National Electrical Code with certain additions and amendments thereto: repealing Chapter 9.20 and enact- ing a new chapter.in lieu thereof. (Third Reading) Item No. 14 - Consider ordinance to amend the Municipal Code of Iowa City by amending Section 9.20.1 and to adopt by reference the 1975 National Electrical Code. (Third Reading) Item No. 15 - y Item No. 16 - ; Addition, Part 9. 5-7414. Item No. 17 - Consider resolution regardir'; joint law enforcement architectural study. Item No. 18 - Consider resolution authorizing Mayor's signature on Agreement between the City of Iowa City and the International Association • r L MVy Item No. 19 - Consider resolution awarding contract for the 1974 Sidewalk Wj Item No. 20 - Consider resolution adopting and levying the final schedule of assessments and providing for the payment thereof for the 1973 Pavement Improvements Program. item No. 21 - Consider resolution establishing stop signs at the intersection Item No. 14 - Consider ordinance to amend the Municipal Code of Iowa City by amending Section 9.20.1 and to adopt by reference the 1975 National Electrical Code. (Third Reading) Item No. 15 - Consider resolution on the disposition of vacated property. Item No. 16 - Consider resolution approving preliminary plat of Washington Park Addition, Part 9. 5-7414. Item No. 17 - Consider resolution regardir'; joint law enforcement architectural study. Item No. 18 - Consider resolution authorizing Mayor's signature on Agreement between the City of Iowa City and the International Association of Fire Fighters, Local 610, AFL-CIO. Item No. 19 - Consider resolution awarding contract for the 1974 Sidewalk Assessment Program. Item No. 20 - Consider resolution adopting and levying the final schedule of assessments and providing for the payment thereof for the 1973 Pavement Improvements Program. item No. 21 - Consider resolution establishing stop signs at the intersection of Court with Clark, Oakland, and Grant Streets. Item No. 22 - Correspondence to the City Council. a. Letter from Debra P. Strick, 115 N. Dubuque St., regarding the license for palmistry. b. Letter from Doris Preucil, 317 Windsor Dr., requesting to purchase vacated land near North Market Park. c. Letter from Al Sorensen, 212 S. Johnson St., regarding public restrooms. d. Petition from area residents regarding the proposed rezoning on Governor, Lucas, Dodge, and Bowery Streets. e. Letter from O. R. Hibbeler, Social Services Subcommittee, Citizens Advisory Committee, JCRPC, regarding a human needs analysis and the Housing and Community Development Act of 1974. f. Letter from J. V. Garrett, U. S. General Services Administration, regarding the old Post office property. g. Letter from Plum Grove Acres, Inc., regarding Scott Boulevard Addition #2. Item No. 23 - Issuance of permits. a. Consider resolution approving Class C Beer and Liquor Permit application for Walter F. Poggenpohl dba/Walt's, 928 Maiden Lane. b. Consider resolution approving Class B Beer Permit application for Hamburg Inn, 119 Iowa Avenue. c. Consider resolution approving Class C Beer and Liquor Permit application for First Avenue Lounge dba/The Annex, 819 First Avenue. Item No. 24 - Approval of bills. Item No. 25 - Public Discussion. Item No. 26 - Adjournment. REGULAR COUNCIL MEETING NOVEMBER 26, 1974 7:30 P.M. Item No. 1 - MEETING TO ORDER ROLL CALL - A I I P +. se Kt K X f e r tcnyd i. Item No. 2 - READING OF MINUTES -OF REGULAR CITY COUNCIL MEETING OF NOVEMBER 12, 1974, AND OF SPECIAL COUNCIL MEETING OF NOVEMBER 71 1974, AND OF ADJOURNED COUNCIL MEETING OF NOVEMBER 13, 1974. Item No. 3 - MAYOR'S PROCLAMATIONS. a. Prisoner of War and Missing in Action. Item No. 4 - PUBLIC DISCUSSION. 10 Item No. 5 - RECEIVE MINUTES OF BOARDS AND COMMISSIONS. ® a. Planning and.Zoning Commission minutes of November 14, 1974, meeting. b. Housing Commission minutes of November 6, 1974, meeting. a 16Item No. 5 - (Continued) C. Library Board minutes of October 24, 1974, and November 7, 1974, meetings. d. Riverfront Commission minutes of November 21, 1974, meeting. Action: 1t/,^, - /�Ie r V V Item No. 6 - CONSIDER SETTING A PUBLIC HEARING TO REZONE 13 LATS IN THE SUMMIT STREET AREA SOUTH OF BURLINGTON STREET FROM AN R3A ZONE TO AN R2 ZONE. Z-7422. Comment: The Planning and Zoning Commission on November 14, 1974, recommended by r�V a 6-0 vote approval of the rezoning of 13 lots in the Summit Street area located along and adjacent to the intersection of South Summit Street and East Court Street from an R3A Zone to an R2 Zone. This item and the following result from discussion and analysis of the R3A Area Study. Action: /item /-�-t / U a Pik S e Ta N %, / '17 altem No. 7 - CONSIDER SETTING A PUBLIC HEARING TO REZONE A TRACT OF LAND AT 2650 SOUTH ® RIVERSIDE DRIVE FROM AN RIA ZONE TO AN Ml ZONE. Z-7421. ('ec•17 Comment: Mr. Charles R. Walden has submitted an application to rezone a 3/4 acre r� tract of land located east of South Riverside Drive near its intersection with Highway 218 from an RIA Zone to an M1 Zone. The Planning and Zoning .; Commission on November 14, 1974, recommended by a 5-0 vote denial of the application because of the preponderance of adjoining R1A zoning. Action: N e '0-- Y."I \,r,- C, Item No. 8 - CONSIDER SETTING A PUBLIC HEARING TO REZONE GOVERNOR, LUCAS AND DODGE STREET AREAS SOUTH OF BURLINGTON STREET AND NORTH OF THE CRI&P RAILROAD FROM AN R3A ZONE TO AN R3 ZONE. Z-7423. Comment: The Planning and Zoning Commission on November 14, 1974, considered the rezoning of the above described area from an R3A Zone to an R3 Zone. �`. Following are their specific recommendations: A. Parcels on Governor Street from Burlington Street to Bowery Street -- rezone to R3 by 6-0 vote. B. Parcels on Governor Street from Bowery Street to the CRI&P Railroad -- rezone to R3 by 5-1 vote. CL \6-1 Irl I R J CL \6-1 Irl I D. Parcels on Dodge Street from Burlington Street to the CRI&P Railroad -- retain.present zoning by a 6-0 vote. All parcels along Burlington Street have been excluded from consideration. Tann N Action: ((J tz S p �: • !Jan 2 f � 9 % S� All "e Item No. 9 - PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND THE HIGH RISE PROVISIONS OF THE ZONING CODE. Z-7417. P. t[• D P 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 (111) 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 above 45 feet, the yards to be increased b 2.2 Aeet,. N afi I icy - , �,y� nom_ o-"` CrOrSl�4nt� 1 tn-+ O F i A• rr--dd t' p� d lN9JV P t Action: K, fi I a k �iJ� >.� d A (3 .� I •S ti A n Com- e. lLl�t�� Item No. 10 - BUSINESS.FROM THE CITY COUNCIL. 'Yr'r,ti ., 05 '94e c4 CA-ct 4 1/t'i�-j Yom-!' lY J t T f 11 I r, tnn S f.S 9 K� t1 t f tl s t i� 4�ttC C /l= ✓J I.[_.I /(lip Lre- I C/ 1-1 l f.•f H 1-k 9 T E, Item No. 11 - REPORT ON ITEMS FROM THE ,CITY MANAGER AND THE CI,TY ATTORNEY. (,4 1 wn �n ( T L 0t J Ll_4.L_ -14 c' % _ l.— S 0 l3ctS1G Jate,. I, 073 e 142 C - Item No. 12 - CONSIDER ORDINANCE -TO REZONE A TPACT OF LAND OWNED BY ALVIN STREB TO AN L Ml ZONE. Z-7419.- (Third Reading) 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&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 Riverfront Commission's considerationofthe subject matter. / 0 Action: /b it ZIA ? -TA � (2Z 1 U I( c,. - e _4_ .3 'A A �+ 10% ►3�i D6_ DA Iin 11 6AAe _telo Item No. 13 - CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY BY ADOPTING THE LATEST 'EDITION -OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 AND ENACTING A NEW CHAPTER IN LIEU THEREOF. (THIRDREADING) Comment: The purpose.of this Ordinance is to adopt the latest publication and subsequent publications, published by the National Fire Protection Asso- _ r + - � -_..y s -�: z_ •ty}'r % 5��r^ � t f� 24}} �p/ �4 z i j � ' i`2 �T ,. ��f i " v.� _ -� t �Y 2♦ 'ham 451 fn � J Kr r' o- i T! "-L� L -�q ep ............ 14;k rld 1t - _� _ .��--1—_ S ��y �,•ny,� -- � �-...�,��j2�fi•�_`�f—'�_ _--- n-.,`��_ C _�e n rr i. � !�/` (►tel! ��,.. � �" \'"!-1 `!r'�.__"---.____ _-- _.- 1 `�_�,,� � � i � je- � ..y. r , �.&� 1-C_—�1_L..-h'- r..k.:�c• .r �.. f CcSS(�fa 1-'-1 0 a I I . I I , V,4-tc7-c4axx,4 V fl�-Af-Na- t 500 1 - ` U I 0 1!2 M 1 1 n .. _• .. Agenda November 26, 1974 Page 5 4 tµ_ *Item No. 13 - (Continued) ciation, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto. In accordance with the recommendation of the two Electrical Boards, this Ordinance consolidates the two boards into one, four member, Electrical Board. A copy of the P Ordinance is included with the agenda. �,�., c_:_( GLc 0= c Action: r �W S Y- n�> d .' . o. MAl r ac�0 _ W % / ci V r w V-- aC Q ! %/ I d c Z Lug e cdr o Yo✓ s C /rvt to . Item No. 14 - CONSIDER ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY BY AMENDING )kl�Sfiyk SECTION 9.20.1 AND TO ADOPT BYREFERENCETHE 1975 NATIONAL ELECTRICAL c4a,�S• CODE. (THIRD READING) Comment: Both of the Electrical Boards have recommended that this Ordinance be adopted with the deletion of "three-wire single-phase residential services". Action: I yl fG�c.0 SI ii !) r S V E6e C� r ct�..i .s> cin °...1.'V"p'L .+:' Ll,.�..�.0 fe-•sa , Item No. 15 - CONSIDER RESOLUTION 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 Lafayetteyy St. and Maiden,Lane. Public Hearing was held November 51 1974. AlW�LOA Vf io bv,fi P�'�n rt.( /j✓I� t ,1 Action:�P'n o 4 V-Pfcw.1-Yttet..C3 G•d lnC`1N1li l�/ri J aS< In ::%1�r��nt'-� ✓ P er f A_ Item No. 16 - CONSIDER RESOLUTION APPROVING PRELIMINARY PLAT OF WASHINGTON PARK ADDITION, PART 9. S-7414.- Comment: The Planning and Zoning I Commission on September 26, 1974, recommended by a 5-0 vote approval of the Preliminary Plat of Washington Park Addition, Part 9 'located west of Green Mountain Drive extended northerly and east and north of Washington"Park Additions, Parts 5 through S (Mount Vernon Drive and Princeton Road). Deferred from October 15, 1974, meeting. Action: 1'. V? r , Item No. 17 - CONSIDER RESOLUTION REGARDING JOINT LAW ENFORCEMENT ARCHITECTURAL STUDY. Comment:' This resolution authorizes the City of:Iowa City to participate in a joint 6 law enforcement feasibility study and to provide $1,754.00 for the project. Action: .....T..�.�.-� t .. ,� ,:F r�,.:�: �. zs �� j} Y � `K T> F 4 �ji .T� �-'i ..etre a*�.}.c CtS S.! � 1i R ��t Jiv � � at.�. s it e 1'r 3 � C `.S" a�" � ....t> x�. i f' 'Rf '. t TA �.: e� fs -. �'i t `-y t K bj�.. s: i � t..i� ,T r., � �3�ti i � t. t X "� 't u s a,xs � � � i J s c" Y� 1 � � r t • <�> �t Z9 ? � a� 'gyr 1 � � �L�,+ _ 4th t • � 'j � � �i''9 � ; - ..� � -a .(a I aJ � � it 4 �+ � �` � :: s x i ( �< x , ate; ;f t Y , t l� 1 �.l�.��L (.e -�' �-`— � �`" �' Q �:. .!� _�� - �r L.. %SYN i ,. ,, � - _ 'r i � _ �,• �L..L��1Y � L./µ-'*�� /vim- � �� '�� �_J'A _ /IJ .i_./'L.�� _ (�- - �-� �- .moi-- - ._->-- -�a-4-*� -- �� � - L C�l...�Lr is a�I"�r� �t�:.��_�-�+�N-- �--(��i4__�.-�_�L^�-�J _ 1l i .� ■ w 1 Agenda • November 26, 1974 Page 6 ®Item No. 18 - CONSIDER RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 610, AFL-CIO. Comment: A copy of the agreement, which would be in effect for two and one-half years, is included with the agenda. Action: Item No. 19 - CONSIDER RESOLUTION AWARDING CONTRACT FOR THE 1974 SIDEWALK ASSESSMENT PROGRAM. Comment: This resolution approves the award of bid to Wolf Construction, Inc. of Iowa City, Iowa, in the amount of $12,135.52. The following is a tabulation of the bidders: ® Action: Wolf Construction, Inc. Iowa City, Iowa $ 12,135.52 The bid submitted by Wolf Construction, Inc. was the only bid submitted on this project. The Engineer's Estimate for this project was $11,173.05. Thisbidis approximately 8.6% over the Engineer's Estimate. I, \ r ) .4. -- 1--) � I Y. ).7 w 0LY rI1L r k -A (II LICP7 /6 c��c,,��i<- a w 0. � n �, Item No. 20 - CONSIDER RESOLUTION ADOPTING AND LEVYING THE FINAL SCHEDULE OF ASSESSMENTS AND PROVIDING FOR THE PAYMENT THEREOF FOR THE 1973 PAVEMENT IMPROVEMENTS 6 r PROGRAM . &e, Comment: This resolution adopts and levies the final schedule of assessments on f.3 the work done by Metro Pavers, Inc. of Iowa City, Iowa, for the construction of paving on Rochester Avenue, Lower West Branch Road and an alley in Block 4 of Sunnyside Addition. The final contract amount on this project Y was $289,341.69. The total amount.to be assessed to property owners is $209,312.57 with the City of Iowa City paying $143,239.55. Action: Item No. 21 Comment: ® Action: - CONSIDER RESOLUTION ESTABLISHING STOP SIGNS AT THE INTERSECTION OF COURT WITH CLARK, OAKLAND, AND GRANT STREETS. This resolution authorizes the installation of stop signs to stop traffic on Clark, Oakland,`. and Grant Streets before entering Court. PLO ,-,,? 4r.- Action: Action: Action: b. Letter from Doris Preucil, 317 Windsor Dr., requesting to purchase va%c/ate?d land near North .%%M=ark�eyft Park. /� Cz' c,�,/,o ^^ mac- SV �Vol 41"QAr DQ f LI - ✓�^-7 >l.liJtJ:+� MJ `.+ f ' " � N 11 / � � /"�. /r --ti< Li r �� n. (, ( !� c C. Letter from Al Sorensen, 212 S. Johnson St., regarding public restrooms. d. Petition from area residents regarding the proposed rezoning on Governor, Lucas, Dodge and Bower Streets. Action: (y1 ' S-� 2 j A:,X e. Letter from O. R. Hibbeler,`Social Services Subcommittee, Citizens Advisory Committee, PCRPC, regarding a human needs analysis and the Housing and Community Development Act of 1974,41 , Action: f. Letter from J. V. Garrett, U.S. General Servic Administration, regard the old Post Office property.' 14. -n, c�ir Action: 2 �0 H , ! V 4 �' �' ' ��• w�� Y-�-zO e.. Yxe�;,.. Lam. <sZ-�--yvC..�� /%3"' g. tter'from Plum Grove Acres, Inc., regarding Scott Boulevard Addition Action: W ✓L ( �! li r/�/t �" N �tr/ i r cr �y !' Item No. 23 - ISSUANCE OF PERMITS. sc;4- Action: i a� Action: Action: a. Consider resolution approving Class C Beer and Liquor for Walter F. Poggenpohl dba/Walt's, 928 Maiden Lane. Permit application b. !!Consider resolution approving Class B Beer Permit application for Hamburg Inn, 119 Iowa Ave. C1� pa °'tQ "'e; Int /10 Agenda - November 26,'1974 reso�n approving .: Page 7 First Ave. Lounge dba/The Annex, 819 First Ave. *Item TO THE CITY COUNCIL. W (�-2� No. 22 - CORRESPONDENCE Letter from Debra P. Strick, 115 N. Dubuque St., regarding the a. license for palmistry. Action: Action: Action: b. Letter from Doris Preucil, 317 Windsor Dr., requesting to purchase va%c/ate?d land near North .%%M=ark�eyft Park. /� Cz' c,�,/,o ^^ mac- SV �Vol 41"QAr DQ f LI - ✓�^-7 >l.liJtJ:+� MJ `.+ f ' " � N 11 / � � /"�. /r --ti< Li r �� n. (, ( !� c C. Letter from Al Sorensen, 212 S. Johnson St., regarding public restrooms. d. Petition from area residents regarding the proposed rezoning on Governor, Lucas, Dodge and Bower Streets. Action: (y1 ' S-� 2 j A:,X e. Letter from O. R. Hibbeler,`Social Services Subcommittee, Citizens Advisory Committee, PCRPC, regarding a human needs analysis and the Housing and Community Development Act of 1974,41 , Action: f. Letter from J. V. Garrett, U.S. General Servic Administration, regard the old Post Office property.' 14. -n, c�ir Action: 2 �0 H , ! V 4 �' �' ' ��• w�� Y-�-zO e.. Yxe�;,.. Lam. <sZ-�--yvC..�� /%3"' g. tter'from Plum Grove Acres, Inc., regarding Scott Boulevard Addition Action: W ✓L ( �! li r/�/t �" N �tr/ i r cr �y !' Item No. 23 - ISSUANCE OF PERMITS. sc;4- Action: i a� Action: Action: a. Consider resolution approving Class C Beer and Liquor for Walter F. Poggenpohl dba/Walt's, 928 Maiden Lane. Permit application b. !!Consider resolution approving Class B Beer Permit application for Hamburg Inn, 119 Iowa Ave. C1� pa °'tQ "'e; Int /10 C. Consider reso�n approving "Class C Beer and Liquor Permit application First Ave. Lounge dba/The Annex, 819 First Ave. p Ifor a`R- l Dom- W (�-2� a = _ t L, < ct Yf.r fix' s„ t C �z< T- aE1 <��v<, "' Y xr t �-. .c f r• itE, •^k ¢'Y'v t e r x1',� • F` t"`i"�>. ,s + +,� a' ML i La+'t 'hh � +f �•v✓]�-1 - '! r � t .fix t'i* ij .y c r .Lrst- rti,'*t7. — -- U� i �rs `� 1 i t c �i?t� d� ., {-_,: -c �i .✓ sr r . 0 --- ---J f.- - ---- — tl c_ G" t_ �l d� rti a h'�r� [ �C t_e 1•�_ �s a .i-�'=r14 -T_ V i -- - --- - Comment: Bills in the amount of $1,081,826.92 are submitted for approval. Action: Item No. 25 - PUBLIC DISCUSSION.- . '- // L . Item No. 26 - ADJOURNMENT. ,o LY- I 10PI cac, a --V c C � � S Agenda` November 26,,1974 4 Page 8 •Item OF BILLS. No. 24 - APPROVAL Comment: Bills in the amount of $1,081,826.92 are submitted for approval. Action: Item No. 25 - PUBLIC DISCUSSION.- . '- // L . Item No. 26 - ADJOURNMENT. ,o LY- I 10PI cac, a --V c h- i s e $.r • � �h � i �%G h f" .-.a} �tf 't �'c-i S ;`iF * � t t2yt" }� t 4. yC i 1 11 MR . z -1. r,:h -e-i- 4-.;1 , i t "- -' .y' ,''_ -X -i :* Cj-r`._" o, ncil met 'in u- " -_-'r-i- R _ ,,-er -ig.- u- --,.l. a-1r.' ss-'io- n. : � *on nth "'daYJdfAdV6m 30;°P n"the; Counci l 1rs;at the Civic Center ?r6sent rdfdt,C rmqkDaVidgend6Prosse,White: L:jnoneJhe orrnoted alCRadio Station;re65ide&"the lmeeting, portions to )adcdst; later` ared`at etion-of-'.:the`xadib station i no way =controlled'by;the" City or the_�Couricil. ': [t was moved�ty deProsse and seconded 'by ,David sen that_t ! .h- , — e7 `,. as read thus ,-far,.-constitute a UlT-1i; bdding 0f the, minutes -f. .o'' .r 'r 29, 1:974 and that` Councifapproye.them7'su jectto tiomotiowcarr1e R,Huntley -appeared 4qcmplmentlng,i C6uncil on the ization".of`Clt1Zg e.ousing"and' Community*bevelOP +1ct He `stated that t}ie temporary committee, .finished work arid,; =Tresen ed-lthbiffifTUte "He '.added .thatthe nentStebringComAltteend6ds"tK&.support0f'the apers,.an-C6uici Freiliie°BransonChairpeisdh,of,the -H6ising: Commission redrequestingconsiderafionibf'two�jtems7 that�the.da e 3 SonnoUsibeyond,e -NoVember•20th 2) that iohAl staffpersnspeCtion Department. Faith 'Kftowldr,xesidentofthbTeagi omen �Voters red'drgnthe,CdUhqlT-that; ,nb,`del ay beconsideredin:pro ng the-papersJnV61V6&;ih the uhding;of-theHousing Project, bi iSwanaza.-lbi housing,, SusanPetreVTapp6ar&.,t ndhg`theCounck c to extend enews- recyclingprogram, NancySei er dngapp6ii&4for ,,Project 'GREERxequestingthe.` it to move AheadtoAsecure funding necessary forrh6using e area`s designated 7iii `thb Ur anZxene ,a ready ac 0 consider continuance ,of he.1ldn5f6_:a plaza.to unite: ipa1 building's was moyedIY ayls,enan 1secorthat , _ nUi6s' b'f��tli :i6.�'mee-t .-L:Lngs�,*�-�"o� h&�-Jlb`dsi�ng-�:_C PMPr.'.,,-j.0/16/74,:and ofrElectrical ExTaminers_,�Appeals, 11%6/74= be 1 received & Motion l'Car, s -that.-the. It W suspended7Z gS e r the; Cha Ab, sli be�-.-] and mini Oct cor �oTg men the per new app.. for d a d app ces and com -pap C6u irC :and mun 1 11 MR . z -1. r,:h -e-i- 4-.;1 , i t "- -' .y' ,''_ -X -i :* Cj-r`._" o, ncil met 'in u- " -_-'r-i- R _ ,,-er -ig.- u- --,.l. a-1r.' ss-'io- n. : � *on nth "'daYJdfAdV6m 30;°P n"the; Counci l 1rs;at the Civic Center ?r6sent rdfdt,C rmqkDaVidgend6Prosse,White: L:jnoneJhe orrnoted alCRadio Station;re65ide&"the lmeeting, portions to )adcdst; later` ared`at etion-of-'.:the`xadib station i no way =controlled'by;the" City or the_�Couricil. ': [t was moved�ty deProsse and seconded 'by ,David sen that_t ! .h- , — e7 `,. as read thus ,-far,.-constitute a UlT-1i; bdding 0f the, minutes -f. .o'' .r 'r 29, 1:974 and that` Councifapproye.them7'su jectto tiomotiowcarr1e R,Huntley -appeared 4qcmplmentlng,i C6uncil on the ization".of`Clt1Zg e.ousing"and' Community*bevelOP +1ct He `stated that t}ie temporary committee, .finished work arid,; =Tresen ed-lthbiffifTUte "He '.added .thatthe nentStebringComAltteend6ds"tK&.support0f'the apers,.an-C6uici Freiliie°BransonChairpeisdh,of,the -H6ising: Commission redrequestingconsiderafionibf'two�jtems7 that�the.da e 3 SonnoUsibeyond,e -NoVember•20th 2) that iohAl staffpersnspeCtion Department. Faith 'Kftowldr,xesidentofthbTeagi omen �Voters red'drgnthe,CdUhqlT-that; ,nb,`del ay beconsideredin:pro ng the-papersJnV61V6&;ih the uhding;of-theHousing Project, bi iSwanaza.-lbi housing,, SusanPetreVTapp6ar&.,t ndhg`theCounck c to extend enews- recyclingprogram, NancySei er dngapp6ii&4for ,,Project 'GREERxequestingthe.` it to move AheadtoAsecure funding necessary forrh6using e area`s designated 7iii `thb Ur anZxene ,a ready ac 0 consider continuance ,of he.1ldn5f6_:a plaza.to unite: ipa1 building's was moyedIY ayls,enan 1secorthat , _ nUi6s' b'f��tli :i6.�'mee-t .-L:Lngs�,*�-�"o� h&�-Jlb`dsi�ng-�:_C PMPr.'.,,-j.0/16/74,:and ofrElectrical ExTaminers_,�Appeals, 11%6/74= be 1 received & Motion l'Car, s -that.-the. It W suspended7Z gS e r� 0. S. D Mj t ,; � ;: ""' 1 nl`IVYGIII I/Gi a.., a✓. -r. .71K i e;_Lat6strEd tion.ofkthe National Electrical Code wit h:.Certain ditions and Amendments Thereto °R epealing,Chapter..§..;.,.20;.and acting 4a Newr'Chapter'apn Lieu Thereof be, given by title only. on rola call;rBrandt,� Czarnecki,y�Davidsei. `;deProsse voted; White Voted y' no'E `Motion carried 4/1, .and first and Gond reading given by Z-1. only 3 It was moved5 Brandt andrs econdgd by deProsse that, the Iles be'-`susp.ended =and the first;and'^s;'econd,; readings of the dinance rtoAmend'the`Nlunicip- ',Code ,of Iowa, City by Amending otion -9 20:1 andto Adoptby, Reference the 19,75 National ectrical -Code b'e'=given ,by` ytitlef only: ' Upon- xoll call Czarnecki, Ldsen` deProsse White ;voted :no. .: )'tion carried 4/1, andfirst, and, second readings 'given by r Ale onl3F Z y May0r.Czarneck1 announcth ed at this w.t as the for ie, Public *Flearing"on} the Resolution `of ; Necessity for the ;creation Centers .Roof ,Repair Project ;No I'I Ia Iwas moved by 1,P.rosse_r and seconded`b_y eWhite toy, adopt, the_ Resolution .of icessity.,yUpon roll edl12D.avidsen;.dePr6s'se,:White; Brandt, iarnecki voted r! aye'Y: r` Motion carried:`.' There :being no others resent to speak; heNIayor declared the hearing closed. Mayor Czarnecki ,announced that this wa"s the, -time set ,for he Public Hearing= ona the Plan`s yand�.S"" Hicati_ons and Form f t -Contract for the Recreation Center s_,Roof<<`Repair Project No . I I t; ,was moved by ;Whitey ands seconded by Davidsen to adopt the icatins6solut on upon, g ; ePxosse=, Whi,te,_Brandt; Czarnecki,rDavids:en vote d•'aye '. o_tion c:arried'. ;;There„be>n'g rio others ,pr es'eilt o speak, the ayor declared the' hearing closed s'. ' The Mayor ,announced that this was the time set.for`adjourned &b.lic {hearing owxezoningf of the Giordon RUssell Property : to Ml nd M2;;zone Vis- Attorney�Hay- Honohan` appeared ?for the. petitioner resenting and discussing a=M ultpleListing.for Fischer Property, =letter` from�Dav �d Bded-1f �a 'peon from;"residents of the ohnson Mob1,e Home Park askingTthat,titiannexation be granted, 'and, report on wind4pattern"s alis the Fairport. Afte .discussion of: ro o`sed; A reement ;presented with the creening indicated in =the „p p� �n , g, erzon>ng,a sevzeral;:Counc%1 motions presented were: defeated: It. as moved by Brandt and secondedby dePros;se that Item 25a, Getter-D,`bjectionafrom�William E. Fischer,..2650 Riverside.- hive, Item ZSe; letter of objection from Bart,Schuchert; Route 3 nd documents preselitedz by Attorneyfi Honohan be ° r.eceived and Medsand made part of;the�pubhc hearing Motion carried: " 1 St E 4 d v '® C P - o >R N -N �F V C < l ti r / s , ,; � ;: ""' 1 nl`IVYGIII I/Gi a.., a✓. -r. .71K i e;_Lat6strEd tion.ofkthe National Electrical Code wit h:.Certain ditions and Amendments Thereto °R epealing,Chapter..§..;.,.20;.and acting 4a Newr'Chapter'apn Lieu Thereof be, given by title only. on rola call;rBrandt,� Czarnecki,y�Davidsei. `;deProsse voted; White Voted y' no'E `Motion carried 4/1, .and first and Gond reading given by Z-1. only 3 It was moved5 Brandt andrs econdgd by deProsse that, the Iles be'-`susp.ended =and the first;and'^s;'econd,; readings of the dinance rtoAmend'the`Nlunicip- ',Code ,of Iowa, City by Amending otion -9 20:1 andto Adoptby, Reference the 19,75 National ectrical -Code b'e'=given ,by` ytitlef only: ' Upon- xoll call Czarnecki, Ldsen` deProsse White ;voted :no. .: )'tion carried 4/1, andfirst, and, second readings 'given by r Ale onl3F Z y May0r.Czarneck1 announcth ed at this w.t as the for ie, Public *Flearing"on} the Resolution `of ; Necessity for the ;creation Centers .Roof ,Repair Project ;No I'I Ia Iwas moved by 1,P.rosse_r and seconded`b_y eWhite toy, adopt, the_ Resolution .of icessity.,yUpon roll edl12D.avidsen;.dePr6s'se,:White; Brandt, iarnecki voted r! aye'Y: r` Motion carried:`.' There :being no others resent to speak; heNIayor declared the hearing closed. Mayor Czarnecki ,announced that this wa"s the, -time set ,for he Public Hearing= ona the Plan`s yand�.S"" Hicati_ons and Form f t -Contract for the Recreation Center s_,Roof<<`Repair Project No . I I t; ,was moved by ;Whitey ands seconded by Davidsen to adopt the icatins6solut on upon, g ; ePxosse=, Whi,te,_Brandt; Czarnecki,rDavids:en vote d•'aye '. o_tion c:arried'. ;;There„be>n'g rio others ,pr es'eilt o speak, the ayor declared the' hearing closed s'. ' The Mayor ,announced that this was the time set.for`adjourned &b.lic {hearing owxezoningf of the Giordon RUssell Property : to Ml nd M2;;zone Vis- Attorney�Hay- Honohan` appeared ?for the. petitioner resenting and discussing a=M ultpleListing.for Fischer Property, =letter` from�Dav �d Bded-1f �a 'peon from;"residents of the ohnson Mob1,e Home Park askingTthat,titiannexation be granted, 'and, report on wind4pattern"s alis the Fairport. Afte .discussion of: ro o`sed; A reement ;presented with the creening indicated in =the „p p� �n , g, erzon>ng,a sevzeral;:Counc%1 motions presented were: defeated: It. as moved by Brandt and secondedby dePros;se that Item 25a, Getter-D,`bjectionafrom�William E. Fischer,..2650 Riverside.- hive, Item ZSe; letter of objection from Bart,Schuchert; Route 3 nd documents preselitedz by Attorneyfi Honohan be ° r.eceived and Medsand made part of;the�pubhc hearing Motion carried: " 1 St E 4 d v - �' f r S T S appearing 'were Chairperson ofc Parks and> Recreation, ssion, SarahFox,�Bi11Fischer and'Bar,t S'chuchert, area entssobjecting. uGoun woman deP�rosse_;advised that'.-she not ,vote for anytannexatzon until the Comprehensive Plan ompleted. Itt was moved by=Czarnecki and .'seconded by.`Brandt ferthe publicYhearing _one;week; }to suspend 'the-rules._ ive _the Ordinance,�Rezoning alh tl rere r;ea ,,ings by .title at that meeting �., °,; k` ,Uponarol`1.ca11. Czarnecki, sen; White and Brandt voted"'aye':;+deProsse'voted 'no'. n carried, 4/.1 The Mayor noted that,gue;stons`brought uld;-be discussed> at the:miriformal� meeting on November-;18th., It VI is'k moved;by White, and seconded�by Davidsen that the City er :and the City 'Attorriey� be yinstructed: to' p'r.epare.,the' sary legislation4sfor Ci y3compliance 'with'; the. State ;of Iowa bservance of Veterans Day r Motion, carried: It Was moved b'q Czarnecki grid seconded by White _that the r received afrom Ili>lliam MeNarne) of the Iowa Office for iing`:and�Programming, concerning comments:request'ed on several ions asked by,'th&9Stat6 HousingrTask Force='be received and, l andi,,ielerred'to the 'Housing6Commission.for reply and t .>iack to Council. Motion carried _ Acting City =Manager�Dennis rKraftdiscussed. the terms. of ,the for the`vrelocatio"naof'.the bus depot at the Northeast �r`of Gilbert and�College Streets It was moved by.,Brandt econded;by D that theCitS;Manager publish the notice ease,` setting ;public ;hea`ring ion November 19th. Motion carried. Mr.;Kraft announced receipt of;a letter :from ,Jack Obbink) for of.Iiousing Management Division=of .,Omaha .Housing and Urban w_ z = Lopment r,equesting�".,that' ally tenant Tilesol and rental ledgers' the _Leasi:ng 23 Prxogram�be sentto'0maha' office-for audit' requested that he�be authorized, to` contract_Giiy`Birch;`to request- other arrangements:rbe,made ��'Itwas moved b;y,.Brandt .and ided by Davidsen that ,the City Manager.'s request be granted. )n carried f t _ i� r Whiae ; an_d ,th: and `se Davids voted readinj get'lu; b y4Dav_ �I rules Page 5s. p ; , i� council minutes t i i 4i tt Czarnecki,, Davidsen, #deProsse, White voted '.aye!. Motion _ carried .and frst,''second and third, readirigs given .by titt. only. It was ':moved byWhite;and seconded ,by deProsse to adopt the'Ordinance Upon roll call` arnecki,.Davidsen, deProsse, White, Brandt voted 'aye!.='Motionrcarried The-Mayori noted receipt _`of `the 4report from the City Attorney=regardingyMand'atory `Park *Dedication and .Comprehensive r t , PlaO nninQ ;4 a 7_ =t , it :was moved, by ;deProsse ander seoor►ded by Davidsen to_'defer the-'Reso:lution Approvingipreliminary'Plat of Washington Park Addition;« Part 9 sfor two weeks. X ;Motion carried, 'Whit'e,-ab"staining. The: staff was__=instructed to gef appraisals for the proposed park property: It was moved by Brandt 'andzseconde'd by Davidsen .that,,the, January _1, 1975'to July' 1,F 1975 Operatng Budget Extension be adopted Th6,motion�;to.`amend tofrinclude two additional housing inspectors was defeated_:f Upon' roll`'call for the main motion; v White aril fdeErosse votedcarried 3/2. City Attorney Hayekrequestedideferral of 'the Resolution on 'the -DisposIt of ,Vacated' Property_ on the `w.est half, of rit alley near thea intersection of Lafayette Stf _. ,and'Maiden, Lane until. _a.'f_ter, appraisals are obtained. It was moved by deProsse and seconded by,>Brandt to t,appro`ve the deferral Motion carried. The-exed"to ttie Ci Ly. ;Upon roll;ca11,,Da,vi dseri, `Brandt, Czarnecki voted 'aye', :deProsse and White voted`'no': Motion:°carried 3/2 (1� It-was moved by=Brandt and ,seconded by Davidsen;: to adopt_ the Resolution Authorizing�thetMayor';s Signature on .Joint County, City and University Mutual3Aid Agreement in .the.case'of a_man-'; _® _made or naturaldisaster prusuant to ,Chapter ;28E ,of the 1973: Code of`:"Iowa., ,Upjon rolt1 call deProsse, Wh°ite;.:Brandt, Czarnecki, Davidsen.vot'ed !aye':SY.Motion carried;: c 7 ahe'' 'for ?Czai `the" I ac'. `cah: M ,t': e, tsranaz VOLCLL ih ar:� ti=, It ;was moYed by White ander` seconded by d City Manager to contact9'�Northwesterri-Bel _pllfll -Vr' , R1'ghtS`: 14 41VIa f - t ied,_:�23 It was moved b Davidsen and seconded by Brandt; that letter hfi•om :Attorney aMarionR Neely, ;;regarding ;a. sign property owned by Victor; Metal�between.Victor F, Schwab'. recevedand filed,;, Attorney Hayek noted the item had d Motionv carr ed. n resolve } I,t was moved, bB,randt and ;seconded by, White that the terfromTClark F:,MigheYl, 26-5 Koser Ave.., regarding stop Creek and other proposed improvements;including bus trafficslgnals and Melrose Avenue`be. received and ed.- Motion�carrled. n. It}was moved byDavidsen and seconded by White that letter from'Iyell Henry,Y1154,E. Court, :resigning from Planning andRZoning}Commiss`on„be received;; and filed' 3 th_e Mayor: se"nd a letter of appreciation..:Motion carried. vZ It was moved by,5Brandt and seconded by White that; the tterfrom Dr. 'and Mrs.{White;;: lllr N." ortMt. Vernon Drive, gard'ing anortheast-.neighborhood` park be received. and 'filed tion carried. ' rT r 3.t-wa`smoved` by,�`deP}rose and seconded by Brandt that �. roved e disbursements ,in the amount of $.344,8.57.67 be app. �blect to` audit MotionL=carried. x , 1 " a } vis �--,ady Whi Hay, mee dat M6 'A " .......... ti "ADJOUR14EDWCOUtIC:-'IL��',,-'MEET;IIIG��:�-,'-�,.� v ER 13 1974 -_��:----_� L4 4i-00: T"- te10zmb1,dLs=ussLcn,with�.t e,.Boardlo f Super- --,met in 4'� 0 0 r,-,,. 1974 - at M in the ft A -ii 6 , dZse'diil'6fi' -'o-n-'��*,t-li��d';,"'�ll.,3'-th�,,,T,�,'deiy�t�'6'f���N'ov-,eriib- e -'�;.'tjjdCJVj '--Center. ereifddkR�b6 �-_. �Ax u-ncl1mi6imbersseh - B r a n d t �;IF d i� P x,o s s e'j zarnec i —,'pr,e. present: ::,Kraf. t b 'iid. -that the ng - *-I �tol e er-:12th had extension I of the bid ng Czarnecki. to ti SPECfIAL COUNCIL"4!,MEET,If�G BE 9 �{ r t, r�OVEM R`,7;� 1 74 PM t ` LJ '`%a'.N 61`00 �1 11.11 Y,� '' i . T LS ti . The Iowa,_City Ciity z.Council= met; an ^special session on the 7thr�day of�November„ 1974 at'�_ : -j P M in the Confer :, ence Room at,"theme C3.vicri:.Center. 6 T.he Cxty Clerk .read. the 11, waiver otI�f notice and`ca-11`Apflspecial meetarig,�and noted receipt'of1.`delavery signatures from all of the Council- member5 • "3 } > a t a 2 11 i yti Councalmembers present Brandt', Czarnecki,';Davidsen, ��hte. - Absent. dePrclsse:; ,TStaff members present: Kraft, Pugh, K1aus,Hayek; °Burt, ,tStolfus. Mayor Czarnecki pre- sl- re- siding. The-.Mayor,:announced--that the spec al,.meet. had been cal-ledt for>the purpose of 'discussion of "collective bargaining. f i ;?� 4 4 s t trYy [ a It.was moved byt.'Brandtxand seconded by Davidsen to adourntto executiveksession`to'd_iscuss collective bar - II ® gaining .> >Upon roll calk Brandt, aCzarnec11- D _ .-i. n `and White voted ;'"aye' , s dePriosse °absent: Motion carried. _ y e .r t 1� z, -_ r 5 x _ L , t ? 2 � r >, _ - j� r ..' - s - '�Q' 4 k k i ! 3' S - i it- ry{sr j hr .y yi,- v Y �. � r ss a ._ r t fr 5 _ 1 -3 S S S S L. I't v � . tY � ,_ j - < -% ii 4t' •�_. Z {vT lS ;'' } J } " 'f •( e x ,4 : .i c J r ` ..' . t - k' i . , i 5'' h -f rt J_ aJ 3 !. Tsi 4 T :y - i in f 1 _ c i "7 AY '` .} s i c— i iL T _ _ " - 3 Y 't S 5 ;1 _ _ 2 1 vy E S 2'- i v f S h .f_ u f s T5. -3.-, s r - r t ) w a x x 2 111. ^ 1 t t f '.e t f _ _ r .,.. ``=r.. (>e .., t. �r w': ries.. /, a,.. ..:`: }u*?e'-'�. ._ .. . • E KI MAYOR EDGAR CZARNECKI COUNCIMEMIEKS C. l 'T.n' RRANDT PENNY DAYIDSEN CAROL &PIKASE ). PATRICK WHITE CIVIC CENTER, 4 10 E WASHINGTON ST. IOWA CITY. IOWA 52240 - - - 319-364.1000 P R O C L A M A T 1,0 N DENNIS KRAFT, ACTINO CITY MANAGER WHEREAS, in January, 19730 the Vietnam Cease -Fire Agreement was signed in Paris; and WHEREAS, the provisions of that agreement called for the return of American Prisoners of War and an accounting of the Men Miss- ing in Action; and WHEREAS, today, almosttwo years later,_the fate of 1,300 of our men prisoners or missing in Vietnam, Laos, Cambodia, or China is unknown; and WHEREAS, there is no evidence that the Communists intend to comply with the provisions of a return of all Prisoners, an account- ing.of the men Missing in Action, and return of the remains of those who.died on foreign soil; and WHEREAS, VIVA (Voices In Vital America) and the National League of Families has undertaken the task of bringing to focus attention on theplight`of our Prisoners of War and Missing Men; and WHEREAS, the focus is' -in the form of a rededication for freedom. NOW, THEREFORE, I, Edgare Czan.neeki, Mayo& o6 the City o6 Iowa City, do heheby pn.oceai.m auppoxt 6o& the e66ont6 o6 .the 6amiti.ee and 6hi.end6 o6 .the AmeAican Pxidonen.6 o6 Wan and Mizzing .in Action in Southea6t A6ia, and..eaU upon att c tizen6 to 6uppont thin ,cau6e and he. -p bxung .to the attention o6 Amen,i.ca and the woiLtd, the ptight o6 oun. Pnizonene o6 Wan and M.i zin.g in Action. Dated .in Iowa City Iowa thi,6 25th day o6 November,` 1974 C a` • r-- t 15 -a. S ♦5 .•ev r 1 . MINUTES IOWA CITY PLANNING ANDZONING COMMISSION NOVEMBER 14, '1.974 =- 4::00 11:M. CIVIC CENTER COUNCIIt CHAMBERS MEMBERS PRESENT: Madsen, Galiher, Horner., MEMBER ABSENT: Cain. STAFF PRESENT: Wollmershauser, Osborn, RECOMMENDATIONS.TO THE CITY -COUNCIL: Child 1. Nottorecommend the rezoning of a tract of land, about 3/4 acre, from R1A to M1 (vic. South Riverside Drive near inter- section with Highway 218 -- west of old landfill), requested by Charles Walden. (Z-7421). 2. To recommend approval of Z-7422, the rezoning of 13 lots in the Summit Street ,- area, ,from R3A-to R2. The lots are in the Kauffman and Summit Hill Additions located along and adjacent to the intersectionof South Summit Street and East Court Street south of Burlington Street. 3. To recommend approval of Z-7423A;the rezoning from R3A to R3 of all parcels, except the parcels adjoining Burlington Street, on both sides of Governor Street from Burlington Street to Bowery Street -and the two (2) parcels on the north ® side of Bowery Street east of Governor Street and the two (2) parcels on the north side of -Bowery Street west of Governor Street. 4. To recommend approval of Z -7423B, the rezoning from R3A to R3 7 of all parcels on both sides, of Governor Street from Bowery Street to the CRI&P RR and including 155 feet on the south side of Bowery Street west of Governor Street. 5. To recommend approval of Z -7423C, the rezoning from R3A to R3 of all parcels, except -parcels adjoining Burlington Street, on both sides of Lucas Street from Burlington Street to the CRI&P RR and four (4)` -parcels on the north side of Bowery Street east of Lucas Street; 140 feet on the south side of Bowery Street east of Lucas Street and all parcels on the north and south sides of Bowery Street west of Lucas Street extending to the centerline of the alley between Lucas and Dodge Streets. 6. Not to recommend.the'rezoning from R3A to R3 of all parcels, except `parcels adjoining Burlington Street, on both sides of Dodge Street "between -Burlington Street and the CRI&P RR and parcels on north'.side,of Bowery;Street to centerline of alley between Dodge and Lucas Streets and on north and south sides of Bowery Street ,to centerline of alley between Dodge • and Johnson Streets (Z -7423D). . <_ T 51 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. 73-1526. ProvisionofNeighborhood Parks in New Subdivisions -- Final report dependent'upon.outcome of a steps and procedures report. 3. 72-04. Board of Adjustment Appeal Amendments. 4. C-7403. -Dr.-George McCormick's letter regarding lot restrictions `for multi -'family. -zoning. Council referral: 10/4/74. 5. 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 additionsto `the minutes of the October 24, 1974 meeting. A motion,to approve the minutes as written was made by Dr. Ogesen, seconded by_Mr. Henry, and carried unanimously (Ms. Larew was not present when the vote was taken). Z-7420. Ordinance amending Zoning Code regarding fence and shrub heights. Also includes amending Municipal Code Chapter 3.38, in particular 3.38.8.A. Council referral: 9/11/74. Chairman Madsen indicated that the Ordinance amending the Zoning Code regarding fence and shrub heights would be on the agenda for the next Planning and'Zoning Commission meeting, November 26, 1974. Z-7421. Rezoning of tract of land, about 3/4 acre, RlA to M1 (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. A motion was made by Dr. Ogesen and seconded by Mr. Galiher to recommend to.the City`Council the rezoning of a tract of land, about 3/4 acre,.from R1A to.M1 (vic.-South Riverside Drive near intersection with -Highway 218 --..west of old landfill). Dr. ogesen stated that land to the north, east and south of the ® subject area is zoned R1A and land to the west is bounded by Y j r 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. 73-1526. ProvisionofNeighborhood Parks in New Subdivisions -- Final report dependent'upon.outcome of a steps and procedures report. 3. 72-04. Board of Adjustment Appeal Amendments. 4. C-7403. -Dr.-George McCormick's letter regarding lot restrictions `for multi -'family. -zoning. Council referral: 10/4/74. 5. 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 additionsto `the minutes of the October 24, 1974 meeting. A motion,to approve the minutes as written was made by Dr. Ogesen, seconded by_Mr. Henry, and carried unanimously (Ms. Larew was not present when the vote was taken). Z-7420. Ordinance amending Zoning Code regarding fence and shrub heights. Also includes amending Municipal Code Chapter 3.38, in particular 3.38.8.A. Council referral: 9/11/74. Chairman Madsen indicated that the Ordinance amending the Zoning Code regarding fence and shrub heights would be on the agenda for the next Planning and'Zoning Commission meeting, November 26, 1974. Z-7421. Rezoning of tract of land, about 3/4 acre, RlA to M1 (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. A motion was made by Dr. Ogesen and seconded by Mr. Galiher to recommend to.the City`Council the rezoning of a tract of land, about 3/4 acre,.from R1A to.M1 (vic.-South Riverside Drive near intersection with -Highway 218 --..west of old landfill). Dr. ogesen stated that land to the north, east and south of the ® subject area is zoned R1A and land to the west is bounded by 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. It was moved by Dr. Ogesen and seconded by Mr. Henry to recommend to the City Council approval of -Z-7422,, the rezoning of 13 lots in the Summit Street area from R3A to R2. The motion carried unanimously, 6-0. Z-7423. Consideration of rezoning, R3A to R3, an area generally Y All 4 by Dodge,, Burlington and Summit Streets and the CRI&P a on thesouthand more--particularly,as follows: A. All parcels, except the parcels adjoining Burlington Street, on both sides of Governor Street from Burlington Street to Bowery Street and -the two -(2). parcels on the north Highway 218. He felt that Ml zoning of the subject area would side of Bowery Street east of Governor Street and the seem to be spot zoning and he would, therefore, vote against two (2) parcels on the north side of Bowery Street west the motion. Chairman.Madsen also.noted the preponderance of of Governor Street: R1A zoning surrounding the subject area and indicated that he All parcels on both sides of Governor Street from Bowery would vote against the motion'. Mr. Henry voiced his objection Street to the CRI&P RR ',and'including 155 feet on the south to the proposed rezoning on.the basis that some changes are side of Bowery Street west of Governor Street. being considered for requirements in the M1 and M2 zones. All parcels, except parcels adjoining Burlington Street, on The motion failed -to carry by -a 0 - 5 vote. (Ms. Larew was not both sides of Lucas Street from Burlington Street to the present when the vote was taken). _ 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. It was moved by Dr. Ogesen and seconded by Mr. Henry to recommend to the City Council approval of -Z-7422,, the rezoning of 13 lots in the Summit Street area from R3A to R2. The motion carried unanimously, 6-0. Z-7423. Consideration of rezoning, R3A to R3, an area generally bounded ® by Dodge,, Burlington and Summit Streets and the CRI&P RR on thesouthand more--particularly,as follows: A. All parcels, except the parcels adjoining Burlington Street, on both sides of Governor Street from Burlington Street to Bowery Street and -the two -(2). parcels on the north side of Bowery Street east of Governor Street and the two (2) parcels on the north side of Bowery Street west of Governor Street: B. All parcels on both sides of Governor Street from Bowery Street to the CRI&P RR ',and'including 155 feet on the south side of Bowery Street west of Governor Street. C. All parcels, except parcels adjoining Burlington Street, on both sides of Lucas Street from Burlington Street to the C RI&P RR and four (4) parcels on the north side of Bowery Street east -of Lucas Street,: 140.feet on the south side of Bowery Street east of 'Lucas Street and all parcels on the north and south ':sides of Bowery Street west of Lucas Street extending to the centerline of'the alley between Lucas and DodgeStreets. D. All parcels, except parcels adjoining Burlington Street, on - both sides of Dodge Street between Burlington Street and the CRI&P RR and parcels on north side of Bowery Street to center- ® line of`alley.between Dodge ;and:Lucas Streets and on north and south sides of Bowery 'Street to centerline of alley between Dodge and Johnson Streets. u C n Ms. Cynthia Gardiner, ,601 South Governor, outlined a "Partial Survey of Neighborhood Opinion on the Proposed Rezoning" which indicated.substantial'support for rezoning. She also submitted petitions bearing signatures of people supporting the rezoning. Ms. Gardiner stated that approximately half the owners of property on Lucas and Governor Streets were in favor of the zoning changes, with an overwhelming majority of the resident property owners on those streets supporting rezoning. Her figures showed less support;' among; property owners south of Bowery than among those north of Bowery. Mr. Paul Durrenberger, 616 South Governor, spoke in support of the rezoning and=stated that when high-density apartments in the area were constructed, there was, opposition by the neighbors. Mr. Philip Shively, 416 South Governor, gave a slide presentation in favor of the rezoning. Speaking in favor of the rezoning, Ms. Edward Wise, 504 South Governor, pointed out disadvantagesof having an apartment building located' next `to a'single-family dwelling. Mr. W. O. Aydelotte, 330 South Summit.Street, found favor with the City's R3A Area Study and stated that R3 zoning would seem a fair compromise to all because apartment units would still be permitted. Mr. E. J. Means and Mr. Marion A. Miller, Iowa City real estate agents who own property in, the subject area, argued the zoning changes would make non -conforming uses of a large number of apartment buildings in the.neighborhood. Ms. Marcia Sanhueza, 615 South Governor, said she and her husband had purchased property in the.area.for investment purposes and were, therefore, against the proposed rezoning. Mr. Charles Grunewald, 436 -,South Governor, also spoke against the rezoning.. Mr. E. W. Wells, 648 South Governor, who was active in two earlier, successful efforts to retain R3A zoning in the area, submitted petitions bearing signatures of persons opposed to the zoning; changes, Most of the signers were residents of the Governor and Lucas Street area. Ms. E. W. Wells stated she felt it a. -duty to` provide reasonably priced apartment units for University of Iowa students. A motion was made by ,Dr._ Ogesen and seconded by Mr. Horner to recommend to the. City Council the rezoning, from R3A to R3, of all parcels, except the parcels adjoining Burlington Street, on both sides of -Governor -Street from Burlington Street to Bowery -Street and the two -(2) parcels on the north side of Bowery Street east of Governor Street and the two (2) parcels on the north side of, Bowery Street west of Governor Street. The motion carried unanimously. i ® A motion was made by Dr'. Ogesen and seconded by Ms. Larew to recommend to the` City'Counci_l the`'rezoning, from R3A to R3, of all parcels on both `sides 'of Governor Street from Bowery Street to.the CRI&P RR and including, °155 feet on the south side of Bowery Street west of Governor Street. The motion carried 5-1 with Mr. Horner dissenting. A motion was made by Mr. Henry and seconded by Dr. Ogesen to recommend to..the.CityCouncil the rezoning, from R3A to R3, of all parcels, except parcels adjoining Burlington Street, on both sides of'Lucas 'Street from Burlington Street to the CRI&P RR and four (4) parcels on 'the north side of Bowery Street east of Lucas Street, `140 feet on the south side of Bowery Street east of Lucas Street and .11:parcels on the north and south sides of Bowery Street west of Lucas Street extending to the centerline of the alley between Lucas and Dodge Streets. The motion carried unanimously. A motion was made, by Dr. Ogesen and seconded by Mr. Galiher to recommend to the:.City`Council the rezoning, from R3A to R3, ® of all parcels,'except'parcels_adjoining Burlington Street, on both.sides of.Dodge Street between Burlington Street and the CRI&P RR and`<parcels on'north side of Bowery Street to centerline of alley between Dodge and, Lucas Streets and on north and south sides of Bowery, Street to centerline of alley between Dodge and Johnson Streets. Commissioners Madsen, Galiher and Henry stated that the Dodge Street area is different in :character than the Lucas, Governor and Summit Street neighborhoodsand' they would, therefore, vote against the motion to'rezonethe area. Mr. Henry said that in some sense, -he would like to vote -for the Dodge Street rezoning but -felt that where zoning classifications have stood for twelve years, strong and plausible reasons are needed to set ahem aside. The motion failed to carry;by a 0 - 6 vote. Chairman Madsen appointed Ms. Larew and Mr. Galiher as a committee to make recommendations concerning lot restrictions in multi -family zones' as suggested in the letter from Dr. George R. McCormick. The meeting adjourned. . Larew, 1 I® MINUTES IOWA CITY HOUSING COMMISSION NOVEMBER 61 1974 DEPARTMENT OF COMMUNITY DEVELOPMENT CONFERENCE ROOM. MEMBERS PRESENT: Branson, Claypool, MEMBERS ABSENT Sheets, Fountain, White, Retish. Bosserman.` CITY STAFF>PRESENT: Seydel, Hillis RECOMMENDATIONS TO CITY COUNCIL None REQUESTS TO<THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE None. LIST OF: MATTERS PENDING COMMISSION=COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Newly appointed Housing Commission member, Alicia Claypool, was introduced. 1. Branson called the meeting to order. Fountain moved that the.minutes of the October 16, 1974 meeting be approved'as:written. Retish seconded the motion. Motion passed unanimously. 2. There -was no 'public discussion. r MINUTES IOWA CITY HOUSING COMMISSION NOVEMBER 61 1974 DEPARTMENT OF COMMUNITY DEVELOPMENT CONFERENCE ROOM. MEMBERS PRESENT: Branson, Claypool, MEMBERS ABSENT Sheets, Fountain, White, Retish. Bosserman.` CITY STAFF>PRESENT: Seydel, Hillis RECOMMENDATIONS TO CITY COUNCIL None REQUESTS TO<THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE None. LIST OF: MATTERS PENDING COMMISSION=COUNCIL DISPOSITION: None. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Newly appointed Housing Commission member, Alicia Claypool, was introduced. 1. Branson called the meeting to order. Fountain moved that the.minutes of the October 16, 1974 meeting be approved'as:written. Retish seconded the motion. Motion passed unanimously. 2. There -was no 'public discussion. 0 r 1' a s 3 r 1' a s 3 4# k t 1 F i � C _ 1 _ 3 Coordinator's Report. Seydel reported that 10 new -_applications and 3 resubmissions of applications' -have been received 'since the last meeting. Seydel recommended approval of these. 207 units are now under lease, 8 units were picked up in October and Seydel still has 2 leases to assign. Seydel directed the members attention to a copy of census data defining poverty level for the state. 4. Old Business. Branson presented a draft for discussion concerning response to Mayor Czarnecki's memo of October 15, 1974. Response to this memo was discussed at length.. It was generally agreed to continue this discussion at the next meeting. 5. New Business. Tire State Chapter of NAHRO'had a meeting in conjunction with the League of Municipalities at the Holiday Inn in Iowa City in October. At -that meeting .the Board 'of Directors established a Legislative Liaison Committee. Seydel was appointed to this committee. The meetings of the -Governor's Task Force on Housing was a point of discussion'.. Members of the committee agreed to attend at least one of the meetings. Seydel will attend the meeting on November 12, in Davenport. Correspondence concerning the meeting of the Governor's Task Force on Housing was.referred to the Commission by the City Council'for`response. 'Branson will respond. Members of the Commission who are able to will attend the meeting. The City Council has received a request to extend the date for submission of proposals for the 62 units of elderly housing. 6. Formal meeting ended after three of the members had to leave. Next regular meeting will be November 20, 1974. Approved -Ilzt� dl - C MINUTES OF A REGULAR MEETING IOWA CITY PUBLIC'_LIBIit1RY PP OF 'TRUSTr ES oCT011ER 24 OWA C ITY 141111, 1 C 1, l BRAIZY AUDITORIUM Members Presents Buchan, barber, Kirkman, Bywater, Canter; Downer, Newsome, Richerson and 'Trumpp Staff Present: Westgate -,Moses, Eggers Visitors: Dale Benz, Leslie Dunlap Business: The meeting was called to order by President Buchan at 4:05 P.M. Minutes of the regular meeting of September 17, 1974 were approved. Newsome/Downer Financial Report: The financial statement was presented and`the-disbursements for September were approved, Newsone/Richerson The financial report indicated that about 72% of our funds have been ex- pended for the first'3/4.of the year. The surplus shown in the 6000 class (personnel) will be shown in the amended budget as transferred to _materials Capitol Improvement expenditures were discussed and our report to the City will indicate $6,000 alloted for a building consultant. The Director commented on the 'success of the book sale indicating that a completereport was on file in the Director's Office. A motion to. request that the president.write a letter to the Library Staff to thank them for their extra effort was passed unanimously. Newsome`/Richerson On a question of privilege the agenda order was changed to hear from Dale ?Benz, who.was invited to speak to the Board on the "Friends of the University 'of Iowa Libraries." The outline of his presentation is on file.` Director's Report: Mrs. Eggers reported that a telephone message service had been purchased for $195.00 and will provide ar.recorded answer when the library is closed. There are also interchangeable messages. A ramp has been installed by the National Guard making it easier to take handicapped patrons to the story area. T & K Roofing has been contacted and the roofdrains need to be repaired first. A motion was passed',to have the; Director contact a plumber. Trump/Bywater. The City Engineering department has been made r16.,. aware of our 'concern regarding OSHA .requirements .and we should be hearing soon"with'` their. recommendations. New shelving to be installed will further reducepat.ron'seating. It was moved by Trumpp and seconded by. Richerson to credit staff member Hazel IYestgate with maximum sick leave to correct erroneous posting by the 'office, .on her accrued sick leave time. Old Business: A briefdiscussion was held on the advisability of assistance from the office secretary in taking and -,preparing board minutes. The best compromise will re -institute the.Director's report in written form. Communications: A letter was received and placed on file. .from the Coralville Public Library on reciprocal borrowing. New Business: Mrs. Richer -son was instructed to - contact the Director of Cedar Rapids Public Library regarding their "Friends of the Library" organization. A budget planning session has been Audi - called for Thursday, November 7., 1974 at 7:00 P.M. in the Audi- torium. The next regular -meeting -of the Board of Trustees will be held on Thursday, November21st at 4:00 P.M. in the Library Auditorium. A motion was madeandpassed to go into executive session to discuss the Personnel Contract negotiations. 6:22 P.M.Richerson/Trumpp The -regular: meeting reconvened at 6:35 P.M. The Board authorized Mrs. Eggers to convey our concerns on Sunday and Holiday, work and pay to the City Finance Director, Joe 'Pugh.' The, meeting.adjourned at 6:37 P.M. Respectfully submitted, MINUTES OF A;SPECIAL MEETING° -. S IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES NOVEMBER 7, 1974:; =:: IOWA CITY PUBLIC LIBRARY AUDITORIUM Members Present: Buchan, Farber, Kirkman, Bywater, Canter, Downer, Newsome, Trumpp, Richerson Spaziani, Prosser, Westgate, Eggers, Moses, Staff Present: Tucker Others Present:- A reporter from -the Press Citizen, a repr,- from the Planning Commission resentative called to order at '7:05 P.M. by President Buchan. The meeting was led off the work session discussion She called on Mrs. Eggers,' -who and Users., Report'and.The Objectives of the Iowa City of the Use Public Library. 'She`::theh posed these"questions: What is the business of the. library? those who could but don't? Is it to serve .those ;who use it`now;or think the patrons want, or What Should our be for.what we .service our surveys show they actually want? The Board authorized the director to contact building consultant `him board regarding Robert -Rolfe: and arrange for to meet with the a Library Building Consultant and to offer to his services .as compensate. him at his regular fee for such an appearance. Mrs. Richerson reported that.the Cedar Rapids speaker would be "Friends able to come tb the:meeting in January and would talk on of the Library". Meeting was adjourned.at'9:45 P.M. Downer/Trumpp Respectfully submitted, David . KtrKmanq. ecre ary • STAFF PRESENT: GUESTS: Bill Neppl Tony Osborn Don Schmeiser Loren Horton Mary Lewis ® REQUESTS To THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. The Riverfront CuYmission requests that the City Manager investigate filling activities in the floodaay of the_Iowa River at the Johnson Mobile Home Court and notify the Iowa Natural Resources Council if appropriate. SUM!4 R( OF DISCUSSION AND'FORMAL ACTION TAKEN: The Riverfront Cannission met in regular session on November 21, 1974, with Chairperson Neuhauser presiding. * Nicknish moved and Cain seconded that the minutes of the October 21, 1974, meeting be approved as written. Unanimous.' The law student report, "Scenic Easements as a Control of Land Use," was then discussed: As explained.by Mary:Lewis, the governing unit must ask the property owner to give or voluntarily sell property which would be used for a scenic easement. In the case of a scenic easement, the property owner retains control of -.the property but can be required to cut shrubbery or trees. there are no provisions for scenic easements now in the Iowa Code. Ms. Lewis was asked to`look into the tax consequences of scenic easements Reports of filling ® activities in the.floodway of the Iowa River at the * Johnson Mobile Hcm Court were discussed. It was then moved by Cain and seconded by Bassett that the Riverfront Commission request that the City Manager investigate filling activities in the floodway of the Iowa River F, - y 3 Patt Cain Caroline Bassett Samuel Fahr James Lindberg Mary Neuhauser Barbara Nicknish Earle Murphy Bill Neppl Tony Osborn Don Schmeiser Loren Horton Mary Lewis ® REQUESTS To THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. The Riverfront CuYmission requests that the City Manager investigate filling activities in the floodaay of the_Iowa River at the Johnson Mobile Home Court and notify the Iowa Natural Resources Council if appropriate. SUM!4 R( OF DISCUSSION AND'FORMAL ACTION TAKEN: The Riverfront Cannission met in regular session on November 21, 1974, with Chairperson Neuhauser presiding. * Nicknish moved and Cain seconded that the minutes of the October 21, 1974, meeting be approved as written. Unanimous.' The law student report, "Scenic Easements as a Control of Land Use," was then discussed: As explained.by Mary:Lewis, the governing unit must ask the property owner to give or voluntarily sell property which would be used for a scenic easement. In the case of a scenic easement, the property owner retains control of -.the property but can be required to cut shrubbery or trees. there are no provisions for scenic easements now in the Iowa Code. Ms. Lewis was asked to`look into the tax consequences of scenic easements Reports of filling ® activities in the.floodway of the Iowa River at the * Johnson Mobile Hcm Court were discussed. It was then moved by Cain and seconded by Bassett that the Riverfront Commission request that the City Manager investigate filling activities in the floodway of the Iowa River F, - L E at the Johnson Mobile Hare Court and notify.the Iowa Natural Resources Council if appropriate. Unanimous. Bill Neppl reported. on the Housing and Ccmmnity Develovmlt Act. The Steering Camnittee:is planning to make a survey of the community to determine oanmmity needs and to make a priority listing of those needs. The Steering Ccnui.ttee meets: Monday and Wednesday nights in the Council Chambers. Mazy Neuhauser.willattend these meetings. Following dis- cussion,, Lindberg moved and Nicknish:seconded that the Riverfront Ccm- missi�on recommend to the`Iowa City Steering Committee that the develop- ment of a Comprehensive Plan be an item of highest priority. Unanimous. Discussion of the expansion of the floodplain zone was deferred until the December meeting. Chairperson Neuhauser reported that the rezoning - of the Streb property was approved by- Planning' arra Zoning and that the matter has proceeded through the second `reading. It was also reported by Chairperson Neuhauser that the Gordon Russell property annexation and rezoning has been approved by Council. The Planting Plan will be coordinated with the Riverfront Study with ad- ditional Staff 'input. It was reported that Stanley Consultants has submitted a contract in the form of an outline. It .was returned to them by the City for a fuller description. ,There will be three stages of the Study: 1. the information, gathering stage with cam unity comment; 2. research.into possible zoning requirements and other legal matters, with axmnnuty . cammt 3. the formal plan",,due to be.00npleted nine months after the start;of the Study. Chairperson Neuhauser reported that the Johnson County Regional Open Space Camnittee is still working on the Kent Park matter. Thanks was extended by Chairperson Neuhauser to the four members of the Camnission whose terms are up, Patt Cain, James Lindberg, Earle Murphy and Barbara Nicknish. There being no further business, the meeting was adjourned at 5:20 p.m. Respectfully submitted, Ellen R. Flowers Secretary z page 2 Ri.verfront' Commission = _ November 211, 1974 " L E at the Johnson Mobile Hare Court and notify.the Iowa Natural Resources Council if appropriate. Unanimous. Bill Neppl reported. on the Housing and Ccmmnity Develovmlt Act. The Steering Camnittee:is planning to make a survey of the community to determine oanmmity needs and to make a priority listing of those needs. The Steering Ccnui.ttee meets: Monday and Wednesday nights in the Council Chambers. Mazy Neuhauser.willattend these meetings. Following dis- cussion,, Lindberg moved and Nicknish:seconded that the Riverfront Ccm- missi�on recommend to the`Iowa City Steering Committee that the develop- ment of a Comprehensive Plan be an item of highest priority. Unanimous. Discussion of the expansion of the floodplain zone was deferred until the December meeting. Chairperson Neuhauser reported that the rezoning - of the Streb property was approved by- Planning' arra Zoning and that the matter has proceeded through the second `reading. It was also reported by Chairperson Neuhauser that the Gordon Russell property annexation and rezoning has been approved by Council. The Planting Plan will be coordinated with the Riverfront Study with ad- ditional Staff 'input. It was reported that Stanley Consultants has submitted a contract in the form of an outline. It .was returned to them by the City for a fuller description. ,There will be three stages of the Study: 1. the information, gathering stage with cam unity comment; 2. research.into possible zoning requirements and other legal matters, with axmnnuty . cammt 3. the formal plan",,due to be.00npleted nine months after the start;of the Study. Chairperson Neuhauser reported that the Johnson County Regional Open Space Camnittee is still working on the Kent Park matter. Thanks was extended by Chairperson Neuhauser to the four members of the Camnission whose terms are up, Patt Cain, James Lindberg, Earle Murphy and Barbara Nicknish. There being no further business, the meeting was adjourned at 5:20 p.m. Respectfully submitted, Ellen R. Flowers Secretary 5KSc..4 14 h Jlf NOTICE --OF .PUBLIC HEARING_ON AMENDING THE:SPECIAL USE REG- ULATIONS - ZONING` CODE Notice is 'hereby given that a public hearing will be held by the CityCouncil of Iowa City, Iowa at 7:30 P.M. on the 26th day of'November, 1974, in the Council Chambers in the Civic Center, Iowa City, Iowa. At ,which hearing the Council will consider argu- ments for and against the proposedadoption of amend- ments to th6 Special Use "regulations of the Zoning Code, repealing Sections 8.10.19.II.A.and 8.10.19.II.B and substituting in lieu thereof new Sections 8.10.19.II.A and 8.10.19.II.B for high rise;apartment house or apart- ment hotel. Copies of the proposed Ordinance Amendments are on file for public examination in the Office of the City Clerk, Civic Center, Iowa -City,` Iowa. This notice is given pursuant to Section 414.4 of the Code of Iowa, 1973. Dated at.Iowa City this 9th day of November, 1974. ABBIE STOLFUS _�- 9 City Clerk P` R, n \�f WILL J. HAYEK JOHN W.HAYEK C. PETER HAYEK _K;,HAYEKn8 ATT< :110 EAST IOWA' The Honorable Mayor. and City Council of Iowa City Civic Center Iowa City, Iowa 52240 tNEYS'AT LAW; - we<nw a.vun aye .q:. FASHI NGTON STREET 337-9606 TY,'. IOWA 52240 - - - November 26, 1974 Re: Report on Filling Vacancies to City Council Mayor and Council. Members: Shortly you:will be.deciding upon a procedure to be followed with respect to filling the vacancy which will be created by the resignation of Councilman White. I am submitting this report to you to outline the legal requirements involved. The relevant statutory requirement for filling vacancies on the council is found in Section 368A. 1(8) which reads as follows: In all municipal corporations... the council shall: 8. Election for filling vacancies. Elect by ballot persons to fill vacancies in offices not filled by ,election by the council, and the person receiving a majority of the votes of the whole number of mem- bers shall be declared elected to fill the vacancy. The Iowa Supreme Court has ruled that the above statute requires that the person selected. to fill the vacancy, receive a majority of the votes of the members on the council remaining after the resignation. See City of Nevada v. Slemmons, 59 N.W. 2d 793 (Iowa, 1953). You will also note that the statute uses the word, "shall", in defining the duty of the council. It seems to me that this language does not give the council the option to hold a special election to fill the vacancy but requires the council to fill the vacancy itself. This viewpoint is also held by the Attorney General's office. See Op. Atty. Gen. (Andersen), December 29, 1972. A further question arises as to whether or not the council has the authority to delay voting on; the matter. Although certainly the council can take a reasonable time to fill the vacancy, I believe the language of the statute imposes a duty upon the council to fill the vacancy within a reasonable HonorableMayor 'and c City Council of Iowa City - 2, T November 26, 1974 time. I do not think the council has the option of not filling the vacancy during the remainder of the term. In my opinion, the following conclusions follow from the above: 1. The council may not formally act to fill the vacancy until after Mr. White's resignation becomes effective. 2. After the resignation the council must act within a reasonable time to fill the vacancy. 3. The council itself must fill the vacancy and cannot hold a special election. 4. The election must be by ballot, secret paper ballot voting being preferable. 5. To be elected, a person must receive three affirmative votes from the remaining four council members. Respectfully sub fitted 4Joh W. Hayek JWH:vb ■ 6`1'1MCI ' •. t Y J 'v' e `' lei' ') Vvl _ Y ' R: ' --r . w - :�.' •^ ; }.,o ` t s t Lx ;Y y ,�S • R' - _I,O� S.. RESOLUTION NO 74-51.8 Q� RESOLUTION AMENDING VARIOUS RESOLUTIONS,.AND ESTABLISHING FAIR MARKET VALUE `FOR ACQUISITION'OF CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, acting as the Local Public Agency, hereafter referred to as the LPA, has passed certain resolutions, in accordance with federal and local law and regulations, establishing the fair market value of certain parcels of urban renewal land to be pur- chased by the LPA in furtherance of Urban Renewal Project Iowa R-14; and, WHEREAS., a period of time has elapsed since the above-mentioned resolutions were passed which period of time necessitated a review of those fair market values; and, WHEREAS, the appraisals used in determining the fair market values have been reviewed by a staff member of the City's Department of Urban Renewal; and, WHEREAS, upon reviewing the appraisals, the reviewer found justi- fication for increasing the fair market values; and, WHEREAS, the Federal Department of Housing and Urban Development has concurred in these new values, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, 1. that the following resolutions be amended by changing the fair market value for.each parcel as follows: Resolution Date Parcel Owner FMV New FMV # 74-31 1/22/74 93-17 Crandic $ 81000. $ 91000. # 74-70 2/19/74 93-18 Edwards $222000. $242500. # 73-384 8/28/73 101-11 Greenland $24,000. $26,000. # 73-383 8/28/73 101-12 Edwards $282000. $313500. 2. That the rest of the text and content of the above -listed resolutions remains in full force and effect. It was moved by deProsse and seconded bytVh;tP that the resolution as reade adopted, and upon roll call there were: AYES: NAYS: ABSENT: 015 Passed and approved ATTEST: , City Clerk BRANDT CZARNECKI DAVIDSEN DEPROSSE WHITE .his 26'th day of NctvPmhPr 1974. u i g z `r F' • a'�, p ti e .. MINE .�4 v apY OM1 NMI ` Elm Ell�s • _ e may' u i g z `r F' • a'�, p ti i AN ORDINANCE AMENDING ZONING-ORDINANCE2238 BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM RlA TO M1 ZONE. BE IT ORDAINED BY THE`CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. The property described below is hereby reclassified from its present classification of R1A and the boundaries of M1 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 o Section 22, Township 79 North, Range 6 West 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 book 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; all of above except for easterly 100' contiguous along the Iowa River. Streb property 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 Brandt and seconded by Dav idsen that the Ordinance be adopted and upon roll call there were: AYES*, NAYS: ABSENT: Brandt Czarnecki X Davidsen X deProsse X. White X Passed and approved this 26th ATTEST City Clerk of November rArst Readi Second Read Third Readi 19 74 RESOLUTION ACCEPTING'PRELIMINARY'PLAn, WASiITMr-rrd PARK 0"" Ix T "' X BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary approval of plat of Washington Park Addition, Part 9 be granted with the following conditions: It was moved by Brandt and seconded by Czarnecki the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki. X avi sen X e rosse X - White ABSTAIN Passed and approved this 26th day of ATTEST:�1�i==f� 'cue l City Clerk <.: 1974 NaV..om)zar XX that t- ® RESOLUTION NO. 7 4- 5-20 RESOLUTION AUTHORIZING JOINT LAW ENFORCEMENT FEASIBILITY STUDY AND PROVIDING FUNDS FOR A JOINT LAW ENFORCEMENT ARCHITECTURAL STUDY. WHEREAS, the City of Iowa City, Iowa, recognizes the need for improvements in public safety operations, and WHEREAS, the City of Iowa City, Iowa,, the County of Johnson County, Iowa, the City of Coralville, Iowa, and the University of Iowa are proposed partici- pants in a feasibility study for a joint law enforcement center. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: LJ Ll 1) That the City of Iowa City,. Iowa, hereby agrees to cooperate in the development and conduct ofa joint lawenforcement feasibility study; and further agrees to participate in an interjurisdictional committee to coordinate the above -referenced project; and also to review and consider the recommendations 'of'the "Joint Law Enforcement Architectural Study" in light of future capital expenditure programming. 2) That cash funds'in the amount of $1,754.00 be provided during the calendar year 1974/1975 for the following Iowa Crime Commission project, to -wit: The Joint Law Enforcement Architectural Study. It was moved by deProsse and seconded by White that the foregoing resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:` X Brandt X Czarnecki X Davidsen )t deProsse X White Passed and approved this 26th day of �JA ATTEST: -f City Clerk t November Mayor 1974 > p: NO _-z"74"L�5`2 0��-': RESOLVSIIDN MATCHING - -RESOLUTION Whereas, the city Of- Iowa City (City, County or State Agency) Iowa, by resolution duly passed heretofore, has resolved that it will provide during the calendar year of 19 74/19 75 cash funds for the following Iowa Crime Commission projects. Brief. Description Amount of Funds of Project Being Provided 1, Joint Law Enforcement Center $1r754.00 2. (ArchiteCtUral Study). 3. #702-73-07-5200-24-03 4. 5. 6. 7. We further resolve that we will provide in-kind match during the calendar year of Brief Description Type of In-kind — of Project (Salary. Space, etc.) 2. 3. 4. 5. NONE V. 7. Passed this 26th day of November 1q74 Signature (Chaff VC Attest: L. Br for the following projects: Valuation of In-kind Provided rector of State Agency) .S/Penny.Davidsen (Member) S/Carol deProsse (Member) .S/J. Patrick White (Member) -14- t e CAST, VENTRAL IOWA AREA CRIME ,COMMI 15 `-Execut%ve Plaza Bu171 1: 4403. First Avenue S.E Cedar-": Rapids ,- .Iowa - 5 240,2 (319) 393-9507 October 31, 1974 Mr. Richard Bartel< Johnson County Board of Supervisor's.Office Johnson County Courthouse Iowa City, "Iowa 52240 Reference: Grant #702-73-07-5200-24-03; Joint 1-aw :>,forcemenL Center (Architectural Study) cam on Dear Dick • _ � A A copy of the above referenced approval of yourl,grant application (you should have received the original approvaU) has been received in the area staff office this date._ To complete the °grant ,application the Iowa Crime (_,ommission no,-: requires a signed Matching Resolution for the local cash match. Attached is a matching resolution which should be signed b., Board of Supervisorsand the County Auditor and returned to Luis office as soon as possible as we will need it to drawdown funds for this project. In addition to the above, a written agreement of cooperation be- tween all parties must be ;submitted to this office for forwarding to the SPA. Sincerely,. r John R. Kelloqu , Director Enclosure JRK/gmw CC.• rienneth W. p:.)pe;inagen, Chairman, ECL\C" Harold G. Scnaefer,'Vice-Chairman, ECIACC Johnson Colnty Regional Planning Commission J. Patrick 'white File N. STATE OF IOWA IOWA -CRIME'COMMISSIO PROJECT NUMB EW IOWA d AGC 02 ,73-.07 20A ,24 -Op CRIME STATE LANY"N4 � VI,N .I.t COM %-APPR 1- OF Project Title Descriptive Title Joint L. E. C ter/Architectural Study Enforcement Sub-Grantec ArcA ncy wa Area Crime Commissi Easi Mtral Io on Johnson County/owa City Project Period Date of Type of Application Grant Status Beginning Ending :Award x Initial Continuation 0 25 A 75 74 Pln ann g i Revision Action Reversion 0 DY YR MO DY. YR MO DY YR Area Project Director Area F*at Offi Ge.raM S. T4ay John R. Kellogg Address Address . 215, Executive Plaza Bldg. wp.mitivp Plaza 131da zip city, state Li 401 City. State 52401 Cedar Rapids, Ia . Cedar 17nnirig Ia. Tcle7onc 319/393-9507 3-9507. Project Budget Funding Summary Amount:Approved Funding Category Arnount Approved Expense Class 12 00, 00 S SPA Funds _Z5—% Salaries 49 00 Personnel Benefits S State fr-shl S 16 00 00 State Buy -In (In -Kind)_ Contract Services Applicant Agency Match'(Cash) 3 50 00 Travel Applicant Agency Match (In -Kind) Tuition S 16,000 00 S TOTAL GRANT S Equipment S Related Sub -Grantees: Construction Supplies and Operating Exp- S -16000 00, 1 LI TOTAL PROJECT BUDGET S 1 - Rcinarks: Special Condition: all to be submitted to SPA prior to drawdown. Written agreement between parties I Unit Of Government: -Johnson County Total Project Cost' $16,000.00 Local Shares $31508.00 (Cash) Iowa Crime Commission Sharev'.'_$1 I 2f.492.0 0 (including State of Iowa, $492.00, Cash Buy -In) Date submitted to Committee:, January 231 1973 Date Recommended I to COMMIttl6es Janu-ary.,2.3, 1973 Area Reconusendation: This application has been re -processed through the area staff office and revised to cover architectural services only. At this time the possibility ofestablishinga 28E governing board to operate the facility is being considered; however, clarification of the ownership arrangement will be part of the final analysis of the study. Fullutilization of National Clearinahouse assistance will be utilized to the extent avail- able. j1i7�4.tt HF. r V 1( 4 1 ■ ■ ■ T j r _ r. �A� K A �}�i'�AGENCy , a . _: v 1000j. S% APPL:ICATtON FOR GRANT. ..Ic laald. ry M0, •I¢, to-&: ., SOtia V 1 APPL IC AM T: (Pam. a"a M(it *ss) 2_ ~DCCT NO. - --- -- - - --' - - - — Johnson County 23 -07 -5200 -24 -03 ---- (Sheriff l s .Department) 'a. PROJECT TITLE Joint Law 'Enforcement Center/ Johnson County Courthossls . �p .ArchitecYsreL Study Iowa City, Iowa 52240 1- a: ASKA AGENCV Ut Central Ia.Aroa_Cri".Commiasiop ' S. aM•OICCTPER too:, I --- __--- Seven_`: 7LHqath $ ----- • T VDI t.F APOLICATION - - - [� nitial- w.Il.Ila OContinw60" _ Grant N<•. — _ -_ Year h ,Idtn& !ZA. ll..n, L� Revtaion .: ' [] Reversion PROJECT DIRECTOR, (Pam., AAorWN6 Pewl•l' . - • FISCAL OFFICER: 100111<o. AdIa.na• Pf 0"l i John R. Kellogg Gerald S May 215ExecutivePlaza Building 1 215 -Executive Plaza Building 4403 First Avenue S.B. 1 4403 First Avenue S.E. Cedar Rapids, Iowa 52402' I Cedar Rapids, Iowa 52402 • PP OJE(T BUDGET AND FVNDINQ SUMMA RY -- 10. EXPLANATION OF APP,-ICANT CONTR.n UTION ExPf N1[ CLAyS - AMOUNT nEQUEtTED I iPMM,MI �MIIT1. SS _ ..A •.uhn•. ( I <..1PObfl, a t.,+r1Jlln9 It •Wn,M T. S t 01 AI. PRn:r CT 9000E --_16 f900..00 .I F.)NDING CATEGORY i ,;ASH AMUVr.i B♦ WN01.1 AMOUr•T REQUEST—Q = 12,Q00.00 $1,754.00 City of Iowa City SNA Fun(h —_75__- $1,754.00 Johnson County Board ;utr Matti. Ftlnd, (Cish) Z 492. 00-_- of Supervisors !b! X �'1lac X:C Xnd�Clt itlQxlk x ---- 3,08.-0Oi -3,-08. ,--5 8. . )0 T1O0TS L„+lMJ'hF I -0 _ -- )t. ill �(ki19(bG�C f.1 - - XDCC4fAA5 1f fi34 4Q�1(9+' `f� Iii X'7l X}41(:•: 7 _ — .,:00 7 of A L G A`"I 1 __—____—.___-_ c•� __ --_.._ _. _.:.+L,., ,. nT. (z-11 .F RALSVPP•-,Ht ANU ani•Ir.- _-_-_-_ ✓s R NONE 13. State Department or Area Crime Commission East Central Iowa Area Crime Commission Category: Enforcement Project Title and Program Number: P . A. #24 ; Joint Law Enforcement Center/Architectural Unitand City of government involved in project: JOhnSOn county Y of Iowa City 1. Objective: The problems for Johnson County law enforcement are com- plex and rather unique. Johnson County has six major law en- forcement agencies operating within its boundaries. The off- ices of the Johnson County Sheriff, the Iowa City and Coralville Police Departments, University of Iowa Security, Oakdale Secur- ity and the Iowa Highway Patrol all serve part or all of the Johnson County population, currently estimated at 78,000. Coordinationof activities is essential to avoid the dup- lications and inefficiencies implicit in this complex situation. There are four main areas which need the cooperation of the law enforcement agencies within this county: communications systems, recordkeeping, investigation teams and small town police cover- age. However, the primary need is to provide a new facility for local law enforcement agencies.` Such a facility would greatly assist in the development of the four improvements outlined above. More specifically, centralization of various functions would help to standardize activity that would include, but not be limited to the following: training; file consolidation (master record and fingerprint); identification bureaus; investigative laboratory _3_ - �lnstruttions axt-Hevrarul a r r - _ � Y'�s=;cti 1. x i •1`.` r.3' f . l - _ i a v :2 - - _ z s y♦ �s 13. State Department or Area Crime Commission East Central Iowa Area Crime Commission Category: Enforcement Project Title and Program Number: P . A. #24 ; Joint Law Enforcement Center/Architectural Unitand City of government involved in project: JOhnSOn county Y of Iowa City 1. Objective: The problems for Johnson County law enforcement are com- plex and rather unique. Johnson County has six major law en- forcement agencies operating within its boundaries. The off- ices of the Johnson County Sheriff, the Iowa City and Coralville Police Departments, University of Iowa Security, Oakdale Secur- ity and the Iowa Highway Patrol all serve part or all of the Johnson County population, currently estimated at 78,000. Coordinationof activities is essential to avoid the dup- lications and inefficiencies implicit in this complex situation. There are four main areas which need the cooperation of the law enforcement agencies within this county: communications systems, recordkeeping, investigation teams and small town police cover- age. However, the primary need is to provide a new facility for local law enforcement agencies.` Such a facility would greatly assist in the development of the four improvements outlined above. More specifically, centralization of various functions would help to standardize activity that would include, but not be limited to the following: training; file consolidation (master record and fingerprint); identification bureaus; investigative laboratory _3_ - �lnstruttions axt-Hevrarul a tools; evidence storage;`various"photographic `needs; centralized coamunications and dispatching center; detention and jail facil- ities; personnel recruitment, •flection and testing; and pur- chasing and storage.. The county courthouse is even more crowded with the initiation of the Unified Trail Court Act of 1973, which re- quiresadditional space for court .related functions. The Iowa City Civic Center is also constrained for space and is lacking in land area for expansion. While present facilities are already inadequate the futureexpansions of the law enforcement depart- ments and other departments housed with them will increase these problems every year. The present situation -- separate, scattered and uncoordin- ated law enforcement agencies which operate out of cramped and in- adequate facilities -- presents problems which call for immediate solutions. The ultimate objective is to secure new and improved quarters for the efficient operation of local law enforcement agencies in Johnson County. However, the immediate objective, and the problem this application addresses, is providing prelim- inary architectural services to determine the feasibility and prac- ticality of constructing a joint law enforcement facility. "Pro- gram requirements" and "schematic design" work, both discussed in the Method of Implementation Section,: must be completed and made available to local officials in ,order that construction planning for the facility itself may proceed. =. August 5, 1974 ISSION State Capitol • Des Moines, Iowa 50319 • Phone 515.281.3241 Mr. Richard Bartel Johnson County Board of Supervisors Courthouse Iowa City, Iowa 52240 Dear Mr. Bartel: This is to acknowledgereceipt of your letter of July 31, 1974. It is my understanding that Mr.. Jack:Kellogg, East Central Iowa Area Crime Commission Director, Mr. Doug Edmonds, Johnson County Sheriff's Department,, and Mr. Jim Lynch, 'Johnson County Planning Commission, met with members of the SPk staff on August 2nd to discuss and resolve the matter. The meeting resulted in Johnson County representatives preparing to draw up an application'in support of a joint law enforcement center. The funding of this initial grant will cover architectural fees designed to es- tablish building criteria and.preliminary design alternatives to determine the feasibility and practicality. of a joint facility. This application is to be submitted to the SPA for Iowa Crime Commission consideration. Should you need further help with the application, our staff will be on hand to provide such support. Sincerely, J.f' 0 GeorQ60 W. Orr Exe tive Director cc cc: Mr. Jack Kelloggvl� , n} 3B ; a Robert D. Ray 1: T Governor ISSION State Capitol • Des Moines, Iowa 50319 • Phone 515.281.3241 Mr. Richard Bartel Johnson County Board of Supervisors Courthouse Iowa City, Iowa 52240 Dear Mr. Bartel: This is to acknowledgereceipt of your letter of July 31, 1974. It is my understanding that Mr.. Jack:Kellogg, East Central Iowa Area Crime Commission Director, Mr. Doug Edmonds, Johnson County Sheriff's Department,, and Mr. Jim Lynch, 'Johnson County Planning Commission, met with members of the SPk staff on August 2nd to discuss and resolve the matter. The meeting resulted in Johnson County representatives preparing to draw up an application'in support of a joint law enforcement center. The funding of this initial grant will cover architectural fees designed to es- tablish building criteria and.preliminary design alternatives to determine the feasibility and practicality. of a joint facility. This application is to be submitted to the SPA for Iowa Crime Commission consideration. Should you need further help with the application, our staff will be on hand to provide such support. Sincerely, J.f' 0 GeorQ60 W. Orr Exe tive Director cc cc: Mr. Jack Kelloggvl� , n} May 29, 1974 3C Mr. John R. Kellogg , East Central Iowa Crime Commission 4403 First Avenue SE Cedar Rapids IA 52402 Re: NCCJPA #L-740-73, Johnson County Law Enforcement Facility Dear Mr. Kellogg: This letter is to summarize the recommendations made during our meeting of May 22. I will also make some additional.proposals for you to consider as you proceed with the development of plans for law enforcement programs and facilities. The need for interagency cooperation in the development of staff and aux- iliary programs is apparent. ' During my visit to the University of Iowa police facilities, the Iowa City.., Police' Department -and the Johnson County Sheriff's Department, it was obvious that'there4s duplication of effort, equipment and programs Because of a combination of inadequate facilities, and with each agency trying to maintain services independent of one another, a number of highly skilled individuals within all the agencies are not being utilized to their fullest potential., For example, ..each:agency.is maintaining its own photo section, video equipment, and communication system. Bach purchases equipment independently. Many of these services could be provided more efficiently through interagency cooperation. ' The first step in Joint development of technical support resources should involve setting up an informal committee or council. The council should consist of all law enforcement administrators who are concerned with these matters in a parric•ular county or multicoiinty region. The committee should University of Illinois nt .Urbana=Champaign College of Fine and Applied Arm impartment of Architecture 505 East Green, Suite 200, Champaign, Illinois 81820 (217') 333-" Pol ._. : -.. .0-' gni.. -- '..u.•i � Y-'�'^^+es',"' y." � Mr. John R. Kellogg Page 2 '. attempt to resolve; several basic questions that will arise when two or more agencies are to develop joint staff and auxiliary programs . The committee should work out proposed methods for funding, administration of the pro- gram, and policies as to the use.of programs and facilities. Because of the close proximity of Cedar Rapids and Linn County to Iowa City and Coral,_ ille, it may be desirable to have your committee consider contacting law enforcement agencies in that area in order to develop inter- agency cooperation on a larger, scale. Regional cooperation is beneficial in dealing with: several support programs such as Budgeting and Procure- ment, Curriculum Development. for In-Service Training Programs, Crime Laboratory, etc. It may not be feasible to cooperate with Cedar Rapids in other areas of technical services, but the possibilities should be explored. To determine the nature and extent of interagency cooperation that could be developed, it would be helpful if organizational surveys were conducted by each of the participating agencies. The surveys should contain infor- mation pertaining to personnel resources of each agency and the number of requests for assistance. Information on victimization and arrests is also needed (SeeGuidelines pages A:2_.0 to A 14. 7.) Certain cooperative programs could readily.be developed in Johnson Crninty without any facilities having to be constructed and without tremendous expenditures by the participating, for example, sharing services of a legal advisor. The advisory committee has the. added responsibility of determining how rapidly these programs can be implemented and of acting to bring about this implementation. In summary, It is recommended - That a -r,mmittee be formed to study and develop programs to uti'l.,ze interagency cooperation. - That C,— iar Rapids and Linn County law enforcement agencies he Cr :z tc see if regional cooperation in certain pro- l ; t S , May 29 , 1974, 3E Mr. John `R. Kellogg Page 3 _ - That a survey of all Johnson County law enforcement agencies be conducted. Each' agency could conduct its own survey. This project has every potential for becoming a model for interagency co- operation-in the State.of Iowa, and I look forward to working with you on it. If I can be of further assistance to you or others involved, ple ise do not hesitate to'contact me: Very truly yours Brian N. Nagle Police Specialist BNN.'ew cc: George. W. Orr William H. Smith John Dooley David .Epstein l' Doug Edmonds. Wayne Walters Paul White i obprt Hilgenberg Cheryl Mintle 'im Lynch Kenneth Carpenter Robert C) . Heck Y Included with this application.(page 5B) is a summary of tasks to be performed in connection with the development of the joint law enforcement facility. An approximate time estimate for completion of'each task is given to provide an idea of how the overall program will develop. Implementation of this application will involve two prin- cipal architectural services -- development of "program require- ments" and "schematic"design". "Program requirements" basically represent an outline of various tasks to be performed. This will involve interpretation of activity survey data to be supplied by local law enforcement agencies. In addition, a space utilization survey to determine physical requirements of the participating agencies must be completed. Functional relationships of various Criminal JusticeSystem components must also be examined and re- viewed in terms of adjacency needs. "Schematic design" consists of the determination of an app- ropriate building site. This would include an evaluation of existing facilities as well as possible new construction. Cost estimates of various site alternatives would be offered in con- nection with the development of the "schematic design". After throrough review of major facility alternatives local officials will select the most feasible alternative. At this point an election for bond issue approval is anticipated. A number -of tasks appearing on the implementation summary have already been completed. It is estimated that three months F: _5. ' - (Imi.vCt.Ors rn Re...rs�� :y 14. Method of Implementation:' ; Included with this application.(page 5B) is a summary of tasks to be performed in connection with the development of the joint law enforcement facility. An approximate time estimate for completion of'each task is given to provide an idea of how the overall program will develop. Implementation of this application will involve two prin- cipal architectural services -- development of "program require- ments" and "schematic"design". "Program requirements" basically represent an outline of various tasks to be performed. This will involve interpretation of activity survey data to be supplied by local law enforcement agencies. In addition, a space utilization survey to determine physical requirements of the participating agencies must be completed. Functional relationships of various Criminal JusticeSystem components must also be examined and re- viewed in terms of adjacency needs. "Schematic design" consists of the determination of an app- ropriate building site. This would include an evaluation of existing facilities as well as possible new construction. Cost estimates of various site alternatives would be offered in con- nection with the development of the "schematic design". After throrough review of major facility alternatives local officials will select the most feasible alternative. At this point an election for bond issue approval is anticipated. A number -of tasks appearing on the implementation summary have already been completed. It is estimated that three months F: _5. ' - (Imi.vCt.Ors rn Re...rs�� ■; r 3- £rA �+I C,- K"tfq T. f > .ai y3 t J A va >; L } a f ?t i 1 - + Y~-tw b Al 5A*z = i � s -r iyPt: tiq moi. f will be required to"complete the program requirements" service and approximately four months,-to conduct the "schematic design" work. In terms- of overall ijoaq.+range implementation, the arch- itectural services for which funds are requested in this applica- tion represent only a necessary step along the way to establish- ment of a joint, combined law enforcement facility. IMPLEMENTATION% DURATION OF TASK TASK (MONTHS) Initial Investigation 12* Receipt of Technical Reports 5* Review and Consultation 0* Preparation of Survey -Materials �S Survey of Local Law Enforcement Agencies 2 Analysis of Survey Material 1 Review of Survey Analysis _ 1 Selection of Architect Site Visits 1/10 Determination of Potential for Shared Programs,, Equipment=and Facilities 1 Initial Concent Develoament 1 Site Selection Alternatives 1 Final Site Determination 15 and Cost Estimates 3 Scn ,�*ic T�cign renal Architectural Specifications and Fin- a-cinQ Plan * indicates completed tasks ** Task which is beyond grant assistance request p - 5C SCOPE OF 'SERVICES The architectural services required for this project include the two major work items outlined in the "Implementation" section of this document.. These basic services are: the development of 'Program Requirements" and "Schematic Design" work. The follow- ing paragraph willprovide:further elaboration of the required services. Program Requirements shr!'_ include the preparation and conduct of two survey;efforts. The first survey involves an analysis of police and civilian personnel, job classification of personnel, law enforcement resources, detention data, crime data and other relevant data necessary for the development of a complete profile of the local law enforcement agencies The second set of surveys will involve an analysis of ..the spaceutilization requirements for the involved agencies. Also included in the Program Requirements will be the devel- opment of site selection alternatives. The above work shall be performed in consultation with localelectedofficials and affected law enforcement personnel. The Schematic Design work shall involve the development of construction alternatives and the evaluation of the possible use of existing buildings. Subsequent to review of the alternative M V 4 f SD z y L building °and site" alterhati.ves, the consultant shall review the: conclusions of the study with local officials. Work shall also involve the development'of a`detailed cost estimate sufficient for the purpose of.submitting the project proposal for a bond referendum. The project work„shall also include oral presentations to local officials and a written report detailing the analysis per- formed, alternatives developed, appropriate schematics and cost estimates. V 11 'Y=ti„i44 3y i6k -:R �Wty .1 135 1' �. yi Y ry i ;t {' CONTRACT CONDITIONS: The following conditions shall be imposed upon the consul- tant selected: 1. The completion:of the work, including submission of a final report shall be accomplished by .June 30, 1975. 2. The consultant selected shall be disqualified from any subsequent architectural services beyond this project period for the Joint Law.Enf:orcement Center in Johnson County, Iowa. 3. Amendment(s) to the "Contract for Services" shall be made only with written prior approval by the contractees. -711 } - A• t}�a L{iSiJ +Cii.Y K. .1'1,4 01Y "t iW Y{ -'g (' $I -, l.Cb •A> tYT". 1_ .. i'i .I i. ': IrS+Sc .t1 YJ ill F 'r r } aiiiT - ) X •�'•5 ,4 Jj! a The following is a'sample newspaper advertizement of the !'Invitation to Bid" for this project. INVITATION TO BID The County of Johnson, Iowa, and the City of Iowa City, Iowa, invite bids for architectural services for a.proposed`Joint Law Enforcement Center. The proposed facility would serve local law enforcement agencies in an area with a population of approximately75,000: The architectural services requested include: the development of ''.'Program Requirements" and "Schematic Design." The architectual work statement..for this project is available at the County Auditor's Office in the Johnson: County Courthouse, Iowa City, Tow, -i. Bids on the project will he received.until at the Coul-;:y Auditor's Office, Johnson County Courthouse,, owa ity, owa. ? ? I fi r r u; �yE Pro%RIu1 tnd $tlpport1nl,Data �,-: 5 : 15. Impact and Results:.` c Completion of the architectural services will mean that the combined law enforcement facility,is,one step closer to realization. These services must be performed in order that rlocal 'officials can have sufficient informa- tion upon which to base.a bond issue election. This will be the immediate impact of this' application Construction of the joint facility itself will provide necessary functional consolidation of the four areas discussed in the objective:` communications systems, recordkeeping, investigation teams, and small town police coverage. The need for interagency cooperation and functional consolidation is quite apparent in Johnson County and one con- sultant, after_ reviewing the situation, concluded that, "Phis project has every potential for becoming a model for interagency cooperation." (See attached letter.) Establishment of the joint facility will reduce and/or eliminate duplication of effort in the above-mentioned areas, together with providing a better facility to house prisoners, consolidation of booking procedures, improved security for the inmates, etc. Separate and uncoordinated efforts such as those currentlyexisting in Johnson County law enforcement are unacceptable,and functional consolidation will improve and expand services to all persons in the area. ii 4i W -Mi APPLICATION 'Fo#tJ3RAk*,CONTINU. -nl _ilA BUDGET UIETAIL EXPENSE CLASS 16. Salaries. Position Title % of Time Annual Salary "NONE 17. Personnel Benefits: Social Security Workmisn's Comp. Retirement System Insurance Program NONE Other IList) Subtotal Subtotal 18. Contract Services (List) Contract Services for Architectural fees designed to establish building criteria and preliminary design al- ternatives to.determin-e the feasibility and practicalit of a joint law enforcement facility. Reference Pages 5B, SC, 5D, and letter dated 8-5-74 to Richard Bartel from George W; Orr. S AMOUNT mom $ —0— Sublotal $ 16,000.06 19. Travel (Itemi,re) NONE swouli'l S —0— Sublotal LICATI OWFORGRO�"NTIN .. ... . U BUDGET -DETAIL CONTINUED -, EXPENSE CLASS, AMOUNT 21. EQuipment Ilternize) NONE Subtotal —0- 22. Construction: (itemize) NONE Subtotal iS —0- 23. Supplies and Operating Expenses i,,Pec,fvl NONE Subtotal TOTAL PROJECT BUDGET 16,000.00 (lnStr1'Lti00S on Reverse) ■ •� '� an 'Z t Btit c d a i ri t rY E 4 `NON lrU►/IAMTIttO Cc PIT.F Il A°T t . •i< Johnson Count ]x{(44 expenditures for lair enfoicensont in. - - - _ - - -- Y I We cwnrr. that _ - ----- _ - - ICountyi - (LftY. Tv+n, County w Stu. ^9 ncr) for the fiscal yaer beginning - --_r _and'end/n ------------------- or theceAwrdw yaecbegtnni4Jasvery 1 1973 sad anding Oaeember 31, _1973 are at least as prat as in the pre coding yaer and as, great as tha ever age annum incramenfs In such expenditures for the paeJ103. I or 5 years, Amounr spent in _ - 19 7 3S __ `_.16 8 , 9 3 3 . 7 1 _ -- - t�wrant vyr) IAm o-�ntl Year _ ``1973 increment S, 1 02 433 _7 ] Year 1972 5 29,599.00 Year —_ .. _ . --- 5 Year — -- S Year Total of Increments $ — 132,03'? Aver apa.lncrements $ --66,016.3S - -- Previous Year expenartures $ 266,500. 00 --_ Averepe lneroments . S 66,016.35 __-- Total S 332 516..-.)S I 1 hts totat`muU N the some or less than current year expenditure, ,I Yore a.... r• (•-t•fk rl Yat She rflrrrnr e.nend'rures are groats* than Me previous Veer plus rhe arersye a - P.71anat Mfr G^Vr. .s requ're'd to the Faders/ FirsancYat Guide For Ar:m,nistratron Ll P/anlanp ar%.Y At tion rs Sia rrun tl Nararapl: L cra`nir ;.;_.I.`';.i! ' ) > i1liti rma i , t. . •r Mayor jf Attest b - NOTE: This is memo -o.11 ma Chino resolution. A signed -nzitc:jj- inq resr,-;Ut�ron wl�e. secured and forwarded to SPA ir.',:,,,ied- 4 L,3telv 3fter apprcval-Of this aPPli'.'ation. I Y Hel MACH T NGzRW jj*1 L d* county : Johnson . .. ICltylcounty of state Mayor jf Attest b - NOTE: This is memo -o.11 ma Chino resolution. A signed -nzitc:jj- inq resr,-;Ut�ron wl�e. secured and forwarded to SPA ir.',:,,,ied- 4 L,3telv 3fter apprcval-Of this aPPli'.'ation. I CN. :' i � 2 -yi" yy z u s 1 • - r S a NON -SUPPLANTING CERTIFICATE' L Wa certify flat (Score) expenditures for law enforcement in City O f Iowa City I . - -, (City, Town, County Of State A"MCY) (County) for the fiscal year beginning ------------------ and ending — -------------------- or the ca/errdar yeer beginning Jarxrary 1 lr. 9 7 3 and ending December 31, 19 7 3 are at lean as greet as in the pre- ceding year and as greet as the average annual increnwnta in Such expenditures for the past ?, 3, 4 or 5 years. Amount spent /n1-973 $ 703,084.00 (Currant Yaar). - - (Amount) Year . 1973 Increment $ 170;941.00 Year 1972 $ 25,600.00 1971 62, 052.00 Year S Year $ Year $ j Total of Increments $ Average lncrernents $ I Previous year expenditures $_ 532,143.00 Average .Increments S 86,198.00 TotalS 618,341.00 (This total must be the same or less than current year expenditure) 1 II. We cannot certify that the current expenditures are grtmw than the previous year plus the average annual increment. Attached is an explanst/on that is required in the Federal Financial Guide For Administration of Planning and Action grants - Section 1/ Paragraph G. I a , (CRY ,County ,or Slat* Agency) /OWN, by relsolution duly parsed hWV 0 00bil V, hei roeahw jdlK It WIZ( provide during Me C&*?dW year of_j 9 7 4 19 7 5 Cam fureds for the if Cqjo wing 10 0 Crbilpf Comm Bra hi 1111112ft. Drl9f 04=flptlon of Project Amount of Fuetch 0 Joint Law Enf. Ctr. 2, (Architectural Study) $IF754.00 3. 4. 5. 6. 7. We furmor rVWW mat *v will , provide, kril*jnd ff* ach d~be csiwxbr ywr of for the followIng prt),rcts. arlof TVVQ Of lnkk� a— Valuation of of Project Isallary, Sia"e. 44C.) ln- lnd Provided 1. 2. 3. 4. NONE 5. 6. 7. P955dry this - day of -- 197 — SWoture (ch4wn%&n. mayor and/or DireClor of slat. Agency) (&40—Mbdwl ----- Attest: (Membw) (Mom r NOTE: This is a "memo -only" matching resolution. A signed match- ing resolution will Se secured and forwarded to SPA immed- iately afterl:approval of this application MATClI11A Mperam. City Ilwa City a , (CRY ,County ,or Slat* Agency) /OWN, by relsolution duly parsed hWV 0 00bil V, hei roeahw jdlK It WIZ( provide during Me C&*?dW year of_j 9 7 4 19 7 5 Cam fureds for the if Cqjo wing 10 0 Crbilpf Comm Bra hi 1111112ft. Drl9f 04=flptlon of Project Amount of Fuetch 0 Joint Law Enf. Ctr. 2, (Architectural Study) $IF754.00 3. 4. 5. 6. 7. We furmor rVWW mat *v will , provide, kril*jnd ff* ach d~be csiwxbr ywr of for the followIng prt),rcts. arlof TVVQ Of lnkk� a— Valuation of of Project Isallary, Sia"e. 44C.) ln- lnd Provided 1. 2. 3. 4. NONE 5. 6. 7. P955dry this - day of -- 197 — SWoture (ch4wn%&n. mayor and/or DireClor of slat. Agency) (&40—Mbdwl ----- Attest: (Membw) (Mom r NOTE: This is a "memo -only" matching resolution. A signed match- ing resolution will Se secured and forwarded to SPA immed- iately afterl:approval of this application - a.:-fdt,lt .it YfSR� ¢ PN t Y.gr41 F- �'J�•i=�. � 3. y4 vI iw ♦ fJ f -. - -. r x - _ S � . ; K t `APPLICANT'S AGREEMENT ;', , f r M A. Assurance of Compliance with Civil Rights Act of 1964 No person shatl,_on the grounds pf racedeed, coloror national origin„be excluded from participation in, be refused the - benefits of, or be otherwise subjected to discrimination :under agency grants awarded pursuant to P.L. 90.351 or any project or program supported by such,g'ants..Grantees'must comply with the provisions and requirements of Title VI of the Civil Rights Act of 1964 and regulations issued by the. Department of Justice thereunder as a condition of award of federal funds and continued grant support. The United States shall have the right to seek judicial enforcement of these assurances of compliance. This grant condition shall not be interpreted to require the impo'sition,in State plans or planning agency subgrant programs of any percentage ratio, quota system, or other -program to achieve`racial.balance or eliminate racial imbalance in a law enforce- ment agency. B. The Hatch Act. Federal Law prohibits partisan political activity by an officer or employee of a State or local agency if his principal employment is in connection with an activity which is financed -in whole or part by loans or grants made by the United States or a Federal Agency. The law is enforced by the United States Civil Service Commission. C. Procurement of Special Equipment.. The SPA (Iowa Crime Commission) expects that the subgrantee will procure such special equipment being purchased in whole or in part with grant funds by that method, authorized by state law or local ordinance, which results in the lowest price. for goods of the kinds or type required. D. National Environmental Policy Act of 1969. This project application either does not involve construction, renovation, modification of facilities or the use of herbicides or pesticides, or the applicant has filed the necessary statements (Negative Declaration or Environmental Impact) with the SPA (Iowa Crime Commission). E. National Historic Preservation Act of 1966. This project application either will not'have an effect on a site listed on the National Register of Historic Places or the applicant has notified the SPA (Iowa Crime Commission) that -such a site is or will be involved. F. Clearinghouse Notification A copy of all applications involving planning projects, construction projects, or projects contemplating the use of herbicides or pesticides will be sent to the State Clearinghouse (O.P,P., State Capitol) in addition to the application submitted to the SPA (Iowa Crime Commission). G. Uniform Relocation Assistance and Real Property. Act. The applicant insures either that no person will be displaced by this project or that any displaced person has been informed of the available benefits under, this Act. H. Freedom of Information. All identifiable plans, applications, contract awards, reports, books, papers or other documents maintained by the applicant in relation to the grant shall be made promptly available upon request to any member of the public for the purpose of inspection and copying. Such inspection and copying may be made subject to reasonable rules relating to time, place and fees for reproduction. I. Clean Air Act. Neither the applicant nor any of its contractors have been convicted of any offense under the Clean Air Act. J. Applicability of Federal Conditions. All conditions, rules and regulations of the Law Enforcement Assistance Administration (LEAA) which relate to the administration of action grants by state planning agencies or the financial accounting therefore shall also apply to subgrantees and contractors of the Iowa Crime Commission. i s K. Non -supplanting Requirement. I The Omnibus Crime Control and Safe Streets Act of 1968 contains a non -supplanting requirement (Section 303 (10)). This requirement stipulates that federal funds under Title I may not be used to supplant state and local funds that would have been i available in the absence of federal aid. In complying with this requirement, the State Planning Agency will rely on written certification by state agencies and local government units to the effect that federal funds have been used to increase state or local funds available for law eworcentent. 1 L. Reports. The subgrantee shall submit monthly financial reports and quarterly progress reports indicating activities undertaken, ; expenditures, and general progress of the plenning or action proposal for which the subgrant was awarded. In addition to the ¢ .' above reports, a final report (using same report forms) dealing with the evaluation of the entire project will be needed. This will include date needed to verify the success m fai!ure of the project and a statement as to the effectiveness of the project. ° i 1 '- L tR VUR• �Mw••M••Y. i,54 t���61 .1"`i = v�C � � i�!F`+G .fix rf 9. 3FX',q_ 1 `.a 5 � Y � � := :i _ �'h .y • _ ( i.��a a c���.r �' �'v7s�K;,r �'`T �$ utt<+/�vivM � _ -.: - ' �rS _ . ,'_ The Apphant also unden and sprees (1)�that sny='grant reoerrad as a�t of this apphcabon shall be subject to the;, N+--�r� grant coridiUons and other':`policies, regulations, and iules isstted by the.Deparmient of Justice and,the Iowa Crime Commission; for the administration of grant protects underthe Omnibus crrr,te Control and Safe Streetsct of 1968, (2)'that funds awarded f -are to brezpended onl for the yr ;' application-agws y p poses and actmUet coverer! by, the Applicant s approved'r d budget (3)`thaf the rant may be terminated. rn nihole or_in`'pM by?ttta toviia Gime Commission at any, time that the Commission finds;a substantia( failure to comply with the provision of tM Aei or regulations promulaped thereu mrider,by.the Department.of Justice ; or the Comission; including these grant conditions,`or ptan,or. application obligations, but only after notice and hearing and pursuant to all procedures set forth -in the Act and Federal and State guidelines: (4) that appropriate grant records and ascounts will be maintained and made available for audit a< prescribed by_the Cominission; and (5) that the appropriate share of the total costs of this project shall be contributed by _the Appficant from non-federal funds which are not being used in connection with any other program which is receiving federal financial assistance.: N. Current Inventory of all Assets It is required that each focal crime commission or its equivalentstate agency maintairra current inventory on all assets showing date purchesed, cost and location of said assets t T�tle,Li�Inns'. _hat%ave a life spast_A sttptt duration or the items at a limited purchase price need .not be included on your. inventory: The acceptable cost IevetOf kp6ndable supplies should be on this same basis as the unit of government concerned has determined. ' O. Building Accessibility and Use by Physically. Handicapped. Any construction, des ign`or alteration of: a building or facility which will be used by the public or which may result in the employment or residence of physically handicapped persons shall provide for accessibility and use to physically handicapped persons through appropriate items.(such as ramps; handrails, guardrails) as required by 42 U.S.C. s 4152 1970) and 34 Fed. Ref. 12828 1969). - P. Criminal Penalties. Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance, whether received directly or indirectly from the Administration, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. .W.,..,�WORCE.M uC �� 4 '- C - z.au Z 5- :K a I Pon;,---th p �Clty, Eng ne , e r-.- d eclared that said bids be Wher eu e. referred to --,'- the -t'City .--. Couficil of" :the -,'C" . -,'ity of Iowa City, Iowa, at, its." mee. t -day o - ting,,,.to h f P- 26th November 197 ,;as--,,heretof ore'ord6redolution- of Y-- res said Council. x: 7 ;'`City , Engineer Attest: 4 Cl City'Glerk -Z z" :j J oz- 37 'j -2- AHLERS. COONEY. DORWEILER. ALLoEE. HAYNIE SMITH. LAWYERS, DES MOINES. IOWA -A* till 24, 16-� 'Y Iv Lk 1'.`--'-`; ' ,i6wa City, owaNovember 1974 The Council' of -Ibwa;, City Iow;i;1,;, �met on the above date, inRegular :session; -pursuant to law and the d;-inlaccordance with the terms of rules -of said Council 0 a Notice of -:Meeting,j, - opy, fwhich served,on each member of,the::Counci I in the':!�tiii�e required'by law and �ea accepted in ,writing b 3�,`thereof, said Notice of Meeting being asfollows: ...NOTICE .Iowa,, i ow' November 26 City, I' Movem 1974 d r'Czarnecki-,: TO: C. L an Ra C., P e llny-.' Tafi ds er:�. 6rol. epros*se, el White --Members Council (j . Iowa City You:are", e" _b notified t'hat-*.meeting' of the Council hereby' yi�np Iowa, -_�Iowa - :wi1l,be`-,hdld- -t e of -Io City-�� on._ h day of at the ,Civic Center at Iowa City, '.197, -4 *a--iock, .,-the purp - ose . o Iowa, at �T::310,t��%��*- 'i; for f , ff-a- Reso uti consideringj�the�.`adoption 1' bn,Makinq. Award of Contract, -and for; sunh other;bu`sJn_6s-s';JLn -connection therewith p. t1- I..." l , ".., as may, come .';before he-':m4bdt�in'g,�,'.-,.,,-,;,,, Res ectf' submitted, t. •.:Mayor_,!z�;" Z h reby acknowledged: Setvice�_-of thefor 1.1not" -is e f D-- Brandt A w,SlEd A' 'Czarnecki g idsen, S/P ny Dav deP osse S/ca�ro.l r S J, "T i vr. ic k. White n a c w y c AHLERS, GOONEY. DORWEILEFOALLBEE, HAYNIE'& SMITH, LAWYERS, DES MOINES, IOWA 4f Tam BE-IT.RESOLVED : LUT THE":CITY;. x is AU 'ED,-th :_y l t f i L _ F .n e. r S FJ � ei- i L l t f i L F .n r S ills, Uy Qn Wh.ereupon-:thdayor -M:,clared.thd following .-.1 - I de.1 . - wing Resolution AHLIZRS,' GOONEY. DORWEILER. ALLSEE. HAYNIE SMITH. LAWYERS, DES MOINES, IOWA P7 R, 4 k� -0 '6 I ig The meeting was1to.orqlerby Edgar Czarnecki _cal-led ..l. .. . . -C I MayorjF ''and.on roll:`call t he --f ollo'ng. Counciwi 'l Members were present-. zqrnecki'.' IYaV:ia's6n _-deP ro v s -S -_-afid' Whi: e, Abs&iit::none Council Mem er, deRt' osse introduced the -following r:Resolutioij,ent RESOLUTION ACCEPTING WORK AND ORDERINGPRFPARATION,":OF-PLAT-'AND'iSCHEDULE OF ASSESSMENTS" ,and moved, its adoption. --.Cbuncil Member- DaVidsen seconded the motio#-_,to" adopt The.:�roll. was; called and the vote was AYES..• Bran C'i'a'rh''6cI'l Dav'idsen, d6p' rosse. IvIA't,e* 'NAYS.; :n6h*e Wh.ereupon-:thdayor -M:,clared.thd following .-.1 - I de.1 . - wing Resolution AHLIZRS,' GOONEY. DORWEILER. ALLSEE. HAYNIE SMITH. LAWYERS, DES MOINES, IOWA P7 R, 4 F" Council Member m be'r '_: depro!�S,6 , introduced the following--'Re's'olution erititledRESOLUTION-.ADOPTING AND LEVYING FINAL"SCHEDULE,,'OF-"ASSESSMENTS, AND PROVIDING FORI:THE. PAYMENT,-jHEREOF, an&movedi s.adoption. A Council: seconde'd,the motion to adopt"The �roll:'was'.,,callbd >and'L the vote -was JL: AYES:,: Brandt Czarnecki; Z 4r' � n7i: c Davidsen'. wm:' 0 .1 ep"roSse White '. I...' -NAYS:' none` '-L .,whereupon the Mayors declared c'the following Resolution, duly 'adopted ':'as . follows AHLER�i.-_COONLY. DORWEILER.,ALLIEIEE. & SMITH. LAWYERS, DES MOINES. IOWA All V11-m "�-'` 'fu •i. � � I O e'bd�-1 a U ;�''Y' r --fit -. x jfi. �"`SF .` : RRS(1T_iTT7ni.i NT �n rii:� rav_er5..:-1nc. 'ot Iowa City.' Iowa, which plat' and'scliedule i e in 'the.offa.ce of the Clerk on the T_th "day of November , 19 74and after full consideration,_appraisement;,and'appo tironment of the special benefits conferred ;upon"the properties shown in said schedule and plat of the° said improveirients.,.;_this "Council finds that the- said,property is,•speciallp benefited by -the said improvements in the amounts°`shown on. aid 'schedule; and that the said amounts are inproportion'te.special benefits conferred _''upon ,'the properties; by said -improvements, and are not in excess of s'such'-benefits' an& are not in `excess :of 25% of the actual value of the ;,lots`,'. parts of `lots : and "parcels of land shoran in - said,.. schedule BE IT"FURTHERs-RESOLVED, that the said ,schedule of assessments and -.accompanying plat': be and the same are herebyaove3and ppr:_.,adopted, =and •that" there, -be and is hereby assessed'. andIedied, ias' a special..tax =against and upon`each"of=the lotspart , s of lots.. -'and parcels of land, and the.owner,or owners.`.thereof liable to assessment for the cost of saidimprovements,-'a the real estate and personal ;property -;of, the-railTaay, companies whose properties ,-and _track's arewithin the�mprovements''described, shown in .said<.schedule,:the respective sums 'expressed in figures set,.opposite to'••each of'the same on account of the cost :of the construction�of thIa said improvements; and said assessments aga:i.nst� said `lots`"and parcels of land are hereby ;declared .tobe' i.n.,pr1.oportion 'to the' special benefits conferred :upon said,property by said improvements, and' not in-excessthereof; and.`not.'in excess of 25% of the value of-the',same. BE IT.:FURTHER RESOLVED, that 'said assessments of $25.00 or more shall ;be payable.in teri'equal annual installments and shall bear interest at the -rate of 7% per annum from Nov. _8 jPthe ;date=:;of the acceptance of the improvements, ;ahee first"instal:lment of each assessment, or total, amount thereof_, if :it be' le`ss'-than'< $25'.001 with interest on the whole assessment from date of acceptance of thin wnrk _ ,AHLERS GOONEY DORWEILER ALLSEE HAYNIE&SMITH LAWYERS DES MOINES, IOWA . ,S -v' .. ..-�;: .. :=•k.. ��9;:5,"T,r ?u�_2 �.:. S 'YM.W ...n..._t"�''-,. =2«: i^!� 'fir%' •' #,.i�d�i..a + <::, f .,.-. - -� _ _ P. F:' 611 "Mr 4 "k -M, ty attei2eT pt ,T ';A., .";r Sr S% t h same paid a -'and -Ae--the 'samemanner� as the March . i semian u 'Ordinary: axes a ymen t Said assessments e a-ya e of e �_of shall':be fide' -thd.County,Treasure,r of payable' iohnson� Co A �and.- t e,same7..ma h", y_be pa 11 id there in full d wlthout;,�---Int_�i]res, 3.thin,;' interest an thirty—ddys af ter the date'of -the, certi-f icatiori e -7 plat'-and assessments to -Coiint -Audi of theJohnson :.County';-Iowa. .County; Auditor BE IT '.FURTHER-_ RESOLVED that the Clerk be and she 13-.S::.h b d'"ce'7'd plat and schedule to ere ij cted�,to:,-�certify-.nsai the, County Auditor of '�.-'j6hnsoWi,Courity' Iowa.,, and to publish notice:: s�il&,.-dertlf icdtiori;',once �1, each '.week,• f or two consecutive,. ...,a news weeks in t r printed `Idi4a- -Prefss. pape -Citv; -'.-,Cdt1:idn- whol-ly�-'in*�thei..�English.elangua�gej- published inr�, 1,0 C J t -z'. , I_, . i . I z, - 1 1 . . _.: w, a an -genera, -. circulation '...in -.Lowa;. Iowa, d'�`of I '' _ City, Iowa, the first;publ 'cation ofowa, --said_J',notice�--�t`o be-'made "within fifteen -the,�-dat6'�`6f.�`thd ;filing of s i schedule. with the days. f a d Couni�y..Atiffitor by certified mail to all, .,property-',(�wner-s•�4h6se,�.pr6pdr.ty: is sub, to assessment _]qct a,,copy-o, ,,sai norticei,.'sai( f- 1!-mailing..to.be on or before the f date of ".th i I i3�,sit-,�:-i�iibli-cation-o 6notice, all as provided,. and directed,. by_Code Se6ti6h'�F391K.,�, 25,"`Code of Iowa, 1973. SED: AND ��APPROVED .._, i - s day' f.--*' A_/26th,-:: Nnypmher r -PAS .0 $ 1974.1 Mayor// ATTEST lerk J, 7 -7, A-A HL COON LY. DOF ERS.. HAYNIE& SmiTH, LAWYERS..DES MOINES. IOWA S NOTICE OF FILING OF THE FINAL PLAT AND SCHEDULE OF ASSESSMENTS AGAINST BENEFITED PROPERTIES FOR THE CONSTRUCTION OF THE 1973 STREET IMPROVEMENT PROJECT WITHIN THE CITY OF IOWA CITY, IOWA TO THE PERSONS OWNING LAND LOCATED WITHIN TME DISTRICT DESCRIBED AS THE 1973 STREET IMPROVEMENT PROJECT WITHIN THE CITY OF IOWA CITY, IOWA: consisting of the properties which are described as follows: All property included. within. the areas described so as to include one-half of the privately owned property between each such street to be improved and the next street, whether such privately owned property abuts upon the street to be improved or not. In no case shall property situated more than 300 feet from the street to be improved be assessed, and for improvements upon an alley shall be confined to privately owned property within.the block or blocks improved. The extent of the work completed on the "1973 Street Improvement Project" is as follows: AMHURST STREET - (New Street) extended from the South line of Lower West Branch Road to Rochester Avenue. Paving seven (7) inch thick concrete, thirty-six (36) feet wide with.integral.curb. (Including acquisition of 66 feet of right-of-way.) LOWER WEST BRANCH ROAD - from Amhurst Street to 93' West of the centerline of Scott Boulevard. Paving seven (7) inch thick concrete, twenty-eight (28) feet wide with integral curb. ROCHESTER AVENUE - from 330 feet east of First Avenue to TTT West of the centerline of Scott Boulevard. Paving eight (8) inch thick concrete, thirty=three= (3 3) feet wide with integral curb, (with widening of existing pavement to total width of 39 feet back to back of integral curbs tapering to meet intersection of First Avenue - widening not assessed). ALLEY, 131.00K 4, SUNNYSIDE ADDITION - from Luk.i.rk. Street to Ridge Street. Paving Six. (6) inch thick concrete, sixteen (16) feet wide. -7- AHLERS. COONEY. DORWEILER. ALLBEE. HAYNIE k SMITH. LAWYERS. DES MOINES. IOWA You are hereby notified that the final plat and schedule of assessments against benefited properties within the District described as the "1973 Street Improvement Project", for the construction of street improvements, has been adopted, and levied by the Council of Iowa City, Iowa, and that said plat and schedule of assessments has been certified to the County Auditor of Johnson County, Iowa. Assessments of $25.00 or more are payable in ten equal annual installments commencing with the installment due January 1, 1975, together with interest on the unpaid assessment at the rate of 7% per annum from""" November 26 , 19*'�4 the date of the acceptance of the improvements. Assessments of less than $25.00 must be paid in one installment during the regular tax collection period in the year 1975. You are further notified that assessments may be paid in full without interest at the office of the County Treasurer of Johnson County, Iowa, at the County Court House in Iowa City, Iowa, at any time within thirty days after the date of the said certification of .the plat and schedule of assessments to the County Auditor, which certification took place on December 3 19�'`�4 (date of filing with County Auditor). Unless said assessments are paid in full within said thirty day period which commences on "-3 December 3 , 197x_, (date of certification), the assessments will draw interest at the rate of 7%er annum from{`~''"` P November 261 X9'74 (date of acceptance of work by Council) to the next June lst following the date of payment. All properties located within the boundaries of the "1973 Street Improvement Project" above described have been assessed for the cost of the making of said improvements, the amount of each assessment having been set out in the schedule of assessments and plat accompanying the same, which are now on file in the office of the County Auditor of Johnson County, Iowa. For. further.information you are referred to said plat and schedule of assessments. This Notice given by direction of the Council of the City of Iowa City, Iowa, as prescribed by Code Section 391A.25 of the Code of Iowa, 1973. -8- AHLERS. COONEY. DORWEILER. ALLBEE. HAYNIE & SMITH, LAWYERS, DES MOINES, IOWA wa Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 A.M. on the. 21st day of November, 1974, and opened immediately thereafter. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on November 26 , 1974, or at such later time and place as maythen be fixed. The proposed sidewalk improvements will consist of the construction of Portland cement concrete sidewalks, four inches thick, with necessary excavation, retaining walls, and right-of-way acquisition where indicated. The proposed sidewalk is to be four (4) feet wide and of four (4) inch deep concrete on the following streets and avenues within the City of Iowa City, Iowa, to -wit: Benton Street - North side from 135.6 feet East of the centerline of Keswick Drive to 195.6 feet East of the centerline of Keswick Drive Dartmouth Street - East side from the centerline of Washington Street to 108.5 feet south First Avenue - East side from Lower Muscatine to Bradford Morman Trek Boulevard - West side between Melrose and Benton Park Road - North side from 205.5 feet west of the centerline of Normandy Drive Washington Street - South side from Glenn Drive to Shrader Road The kinds of materials and estimated quantities of materials proposed to be used in constructing said sidewalk improvements are as follows: A-1 :.::fat• a: • t- f 13504 sq.' ft „-`'4 PCCi'Sidewalk. r ..( 1973.7 cu. yd. Excavation 212 sq. ft. Conc.-'Sidewalk Removal 155 lin. ft. Cone. RetainingWall, Trench Type 8 lin. ft. Saw Cut 4 ton Crushed Rock 9 lin. ft. 12" Conc. Storm Sewer (2000D) 1 Lump Sum Clear ,& Grub, Stump, 12" 1 Lump Sum ` Clear_& Grub, Tree, 16"-24" . 2 Lump Sum Clear $ Grub, Tree, 25"-30" 1 ;AIA 61 ) .:.. All work is to be dune in's.trict compliance with the plans and specifications prepared by Geor e R.`=Bonnett: P.E. Cit P of Iowa City, Iowa, which„have ereto ore been approve y the qty Council, and are on file•for publicexaminationin the office of the City Clerk Wherever reference is made to the specification in the plans or contract proposal`, it shallbe understood to include the "Standard Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance Work on the Primary Road System", Series of 1972, Iowa State Highway Commission. Contractor will be paid interest on all unpaid sums from the date of adoption.by said Council of; -the resolution levying the assess- ments until payment is made by the City at the rate of five percent (5$) Per annum. Each proposal shall be made on a form furnished by the City and must be accompanied by a check drawn on, and certified by, an Iowa Bank and filed in -a sealed envelope separate from the one containing the proposal, and in the amount of $1,500-00 , made payable to the City Treasurer of the City of Iowa City, owa, and may be cashed by the Treasurer of the City of IowaCity, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. :Checks of the lowest two or more bidders may be retained for a period of not`'to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the`Contractor will be made in cash from such funds.of the City that may be legally used.for such purposes on the basis of monthly estimates in amounts equal to ninety percent (90%) of the work accomplished as outlined.in "Method of Payment". By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction' of the- :improvement. The successful bidder will; be required to furnish a bond in an amount equal to one -hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation. -of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from,and after its -completion and acceptance by the City. The work under the proposed contract will be commenced within ten (10) days after signing of the contract and shall be completed ay 1, 1975 Time is an. essential element; of the contract. Liquidated damages in the amount of fifty dollars 1($50.00) will be assessed in accordance with "Base Specifications"_Ar.ticle;'1108.08 for each calendar day required for project completion after the above designated date. •, The plans and specifications governing the construction of the proposed improvements have-,:,been ;prepared by Geos e R. Bonnett P.E. Cit En ineer of Iowa sty, owa, w is .p ans an specs icati:ons, :a so prior.. oceedings of the City Council re=erring to and defining"said proposed improvements are hereby made a _part of this notice by reference and the proposed contract shall be executed in compliance therewith. The plans, specificationsandproposed contract documents may be examined at the Office :of the City Clerk. Copies of the said plans and specifications and form of proposal blanks may be secured at the Office of Geor a R. Bonnett, P.E.' Cit Engineer of Iowa City, owa, y ona i e i_ ers;upon payment o tixteen dollars _($ 15,00) which will be returnable to the bidders prov, d-- the plans and specifications are returned to the Office of the City En ineerin good condition within i tse— n Says a ter the opening OT-FI—S—. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Each bidder agrees that if he is awarded the contract for the construction of_the improvements, he will bid par plus accrued interest at five per. cent j5% ) per annum for the sanitary sewer improvement bonds payable out of the special assessments, that are authorized and offered for sale by the City to finance the cost of the improvement for which such contract shall be made. Published upon order of the City Council of Iowa City, Iowa. Abbie to us - City Clerk of Iowa City, Iowa A-4 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 Court with Clark, Oakland, and Grant Streets stopping traffic'before entering Court 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 Court with Clark, Oakland, and Grant Streets stopping traffic on Clark, Oakland and Grant before entering Court 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. ,F = Resolution No �4'=523 " • It was moved `by Wh a and seconded y d2Y-= ase �. that the Resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: Brandt X X)OnnvkldK Davidsen X Czarnecki admdu=sm deProsse x White x - Passed and approved this 26th day of November , 1974 ATTEST: City -Clerk 11 116wuAke. !6.T C7qv* h"; doea C'•*r% CpoLt . ` me-mS -VkG v (c. 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I . � .. � 4 r - �,'� �- !,�� I HAYEK,- HAYEK & `:HAYEK WILL J. HAYEK - ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 52240 November 26, 1974 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Enforcement of Speed Limits in Iowa City Mayor and Council Members: AREA CODE 319 337-9606 If you will recall, I made an oral report to Council a few weeks ago about the enforcement policy of the Police Department with respect to speed limits. The Mayor has requested that I prepare a written report summarizing my findings. Specifically, the question arose as to whether or not the City followed a policy of always allowing a 10 mile an hour "buffer" in speed limit enforcement. The question arose primarily with respect to speed enforcement along Court Street and also on Park Road. After discussing the matter at length with the City Manager and the Director of Public Safety, I can report to you that the City does not have a policy which automatically adds 10 miles an hour or any other amount to the speed limit. The determination of speed limits is a legis- lative function for the City Council and the State legislature. Although obviously the practical limitations on speed limit enforcement mean that a certain degree of leeway may be allowed, depending upon the situation, the officers of our Police Department are under obligation to use all reasonable means to enforce the laws, including the speed laws. Respec Jo n W. JWH:vb submitted, . _.,ti:' I Fri. ti. ♦♦ �tj-It I .4.11, 11` I !if "`l c - T, 4.. # l: .. 4 Y v -}f i ,, r S.�". M _: 4� [r ;', C `.A t f _ J.S. _ d Y _ �y_ ." S_,. ¢ J'_ x o ?aye f' - .' .i.1 iia:: j" � ryV i 1 ' - ' ti x; 11 -1I _1u , X FC_` �' �A 1 11 �1 5 � Z - - y..`J I f: k _ 'fi x� �.' �'-._4 a4r ..i Y 9 YJ -1 11t .. I 11,s 1- w - a ,Eg„ - E -'r f .. - f v _j :,. _' Y 1 .:� F 1 y t _ ;. ' - F t:. - 1 4 % n ,. r '.: yy' A --a 4i 2 M8.fDcris tlitoi2 ",1. F I _ '. 317°Windsor nrive *µ _� 2owa►' City; "Zoira .�5224d `Y,r+C J...tt - a i.. 1 a�,& X Y =ii, iF ��=:oto November 26, 1974"it, •the City Council te3ved=esnd'place�+ on Efilp-your A 1 _ }�n.r �y� /� - YQ{v. . � Prewi i l } C . amp �^' . ' Cp _+ ` 1.the I { Y "S'; ;t� A k'v "7i 9; 1 _ ll - ,It '�� 55 J�{I•."tomy�. syn t rhe y .w�ef, At . ai ii�yQi +wf . FAWA* taatter to tha etCantion, ttiie �4 o! I0way4ty}ogfiaia113 regttestiug�t� purchase \'t 4 iy Your4kwjupst=�laS bean 1 a, _ ..i �'Fy j i 5:. "r -+. 4: s tb�incll� r G rJ w ,y I . .�, * EG w F_ t Kit ♦o-1 .: y i t - it ltt�.I- f ..ildiiM1 yQu ; fprt Brix 111 - City Couno11#1" � s < '}. r y f.� x 1 f J I s $ _ F.F. 2 a: S� $ �. 1 f '-" t , . 5 - _ -, S F ,�a �,; -- y 1y - 'ka F r,,. 1 , I f' t •'A y �" h ,' +` v _ .. _ , + t z __ 1. Y I yt mac# ..: 1 L E T J q 4. t a 5 i TO: Design Review Board Tom WeSman, Chairman FROM: Iowa City City Council RE: Referral 1111171711 1111 DATE: At their regular Council meeting on November 26, 1974, the Iowa City City Council received the attached letter from AL Sorensen. The motion was adopted to refer the letter to the City Manager and to the Design Review Board. Yours very truly, 3 7- Abbie Stolfus y 4 " ca TO: Design Review Board Tom WeSman, Chairman FROM: Iowa City City Council RE: Referral 1111171711 1111 DATE: At their regular Council meeting on November 26, 1974, the Iowa City City Council received the attached letter from AL Sorensen. The motion was adopted to refer the letter to the City Manager and to the Design Review Board. Yours very truly, 3 7- Abbie Stolfus y - i \\ �p CT 46-Lti.�ck, q •? J-( 1 ;* Tin, - tSa�+Sm g . •i ( •v f"k } SMI � '\L,Fa rd' �. ,• ^' T T% '3zovemr 27, 1.974 " r. J b � Y L t } f X Ji Y ( fir• � .41 ti �a tY � . 3 t ti tli : 3oi . 21Y7 8. ` Iowa ,f t Y'J�" '- t '�� T 31aS. jY ��1�-a. £' _^ �• .�.. i F by w ' Zo-aa=City :a►t its i+*ovemberr26, 1974, meeting L near Z plaoeil`on elle>Yow, oorzespondence regarding itavon 1owa�CitX:3`"Yon` lottez• was referred to Y z, is CL-p DesIgntRA�vieir Co.�mnitteA for ieview, and ' IS offio: this aot►rsern to th®' attention of the pings II p -s =Cityi .Y � 1 1 � DRK:n �' s ' � � r:Dennia••R. Kraft i b t`•Cit £ yACti Y; S Managepwr r ' J' a - � y fi �t z } r e y 1 - i z ;* Tin, - tSa�+Sm g . •i ( •v f"k } SMI � '\L,Fa rd' �. ,• ^' T T% '3zovemr 27, 1.974 " r. L f fir• � .41 ti �a tY � . - T, > ..r,' i t Y'J�" '- t '�� T 31aS. jY ��1�-a. £' _^ �• .�.. i F by w ' Zo-aa=City :a►t its i+*ovemberr26, 1974, meeting plaoeil`on elle>Yow, oorzespondence regarding itavon 1owa�CitX:3`"Yon` lottez• was referred to ; is CL-p DesIgntRA�vieir Co.�mnitteA for ieview, and ' this aot►rsern to th®' attention of the pings .Y 2 � �' s ' � � r:Dennia••R. Kraft ' _ b t`•Cit £ yACti Y; S Managepwr t - Y fi �t - z } r ih 1 L.i7gY V `� t Ip J 1 $S c`F'Y �-��. �ifV,i.r.. •.. ..V -4Y_'. CJ aY l.. •. ., _ f ... .. -. " .,. 1: it, i Y a. - i - P x T a. r 5t ember 2, <-1974 i K . yti e t 1974, ..the City, Council k��on tile^�your :,letter :, . ra�City. >K the attention of tha.: J S x acerely, yours,' 1 ! 4 ~ l t, R. -Kraft Ling- City manager fh J. t l d• t L }"r w} t } , J :J i Y i - P x T a. r ember 2, <-1974 c v K . yti e t 1974, ..the City, Council k��on tile^�your :,letter :, . ra�City. >K the attention of tha.: x acerely, yours,' ~ l R. -Kraft Ling- City manager fh J. t l d• 1 e w} t } , J :J r I _ a a ) TO or. ant r Jf a rm r-,, 7�'a- t h A --'i 509 BROWN ST. IOWA CITY, IOWA 52240 PHONE 337-7944 OR 436 S. GOVERNOR, RESIDENCE 338-2915 PETITION TO THE CITY OF IOWA CITY �- WE., THE UNDERSIBNEDq HEREBY REaUEST THAT THE PETITION TO CHANGE THE ZONING ON GOV OR, LUCAS, AND DODGE & BOWERY STREET'S E DE[JIED. 9._ 10. MWAMI ri 1 / 12. �' -.9 ii 'fit 13. 14. �L 15. 16, 17. 18. 19. 20, 21. 22. L ;71 U III rye Ci� ( PA �z Q (1 j -10 1 S 3 Ig -91 a+111 I I AON � II 23 ay VL� g6 a7 LUCAS, DODGE AND BOWERY STREETS BE DENIED ` NAME ADDRESS PHONE N0, IJtJ` 7 2$d2JL ny. 437 -71 70'�� 337-?Id�/v 33� -2322 3?Fs- X322 ,�3a SG o� 6 3cnel-_6 3'r-(�?a3 537- -7g/ s� .33 8r--3Ss� NOV1 4+974 D ABB1E STOLFU CITY CLERK Til? THE UNDPRSIGNED �� REQUEST THAT THE PETITION TO CH T 11 THE ZONXING ON GOVERNOR, LUCAS AND DODGE AND BOWERY STREET BE DENIED. NAME �fS'��-�•��G'y �J So ADDRESS Z oYF,-mss f G /S�sd,(�vPrhq r sol PHOIJE NO. 33e-6-oIp 33cP- ?i3y -33'p- 17/3y 33Y-j?-yy c3 3? -,,9,P- s/y 3 s V s /vi'l �Y-C-ti 3 9 57 F� L E NOV1 1 1974 3si - i7as 01 A,BBIE BTQLF9Jc.,! CITY CLERK .. . . . . . . . . . . ITION: OF: THE -,CITY,OF IOWA - C �T NG WE, THE UNDERSIGNED, HEREBY UEST,.THATl.lTHF.;PE ITION7TO..CHANGE.THE,ZONl ON,GOVEHNOR LUCAS, DODGE AND BOWERY STREET BE DENIED::> NANE ADDRESS PHONE NO, 0 r"^ -33yl-llo I? -3 F O L E - NOVI 1 1974 U. ABBIE STOLFUS CITY CLERK November 21, 1974 City Council of Iowa City For transmittal to Steering Committee of the Community Development Program Iowa City, Iowa 52240 Committee Members: This is to simply set in writing what I reported to you at the last meeting of your committee (11/20/74) regarding one of your requests. Attached is a copy of a presentation made to the Johnson County Regional Planning Commission on November 20, 1974. In response to the proposal, Mr. Dick Gibson moved and Mr. Ed Czarnecki seconded the following motion: "The Social Services Committee is authorized as a committee to undertake discussion with such groups as necessary to pursue human rt;eeds analysis and human needs plans within the Housing and Commun- ity Development Act of 1974." I hope this satisfies your needs. We will be planning to bring a somewhat more detailed concept of our proposal at a later date. Sincerely, 0. R. Hibbeler Observer from Social Services Subcommittee Member, Citizens Advisory Committee of Johnson County Regional Planning Commission ORH:ck cc: Carol Spaziani Bob Hilgenberg 4L To: Johnson County Regional Planning Commission From: Social Services Committee The Social Services Committee is requesting permission from the Commission to provide direct in -put to the Iowa City n Citizens of hut tee for Housing and Community Development Act of 1974 iman needs. Our comments have been requested by this Citizens Committee. We would like endorsement from the Commission to the following concept which we wish to present to the Citizens Committee: The Johnson County Regional Planning Commission proposes that some of the funds available in the Housing and Community Development Act of 1974 be considered for allocation to the Iowa City portion of a county -wide human' needs analysis and development of a human needs plan. Such a plan would facilitate future decisions for funding specific human needs services. In addition we recommend_to the Commission that the application for Housing and Community Development Act fund's now under preparation try the Small Towns Committee include a complementary element for human needs planning for the rest of the County, or that other possible funding sources .for the county -gide portion of the plan be pursued. A more detailed proposal will be submitted to the Cotamission and to the Iowa City Citizens Committee at a later date, j - - . - �. - � , ," - � . - _ . . - --. I., I - .. - - 1� I--- I- . 7- � - -, _:!:,'. "-, - . , , -, . " ..4 tk,, , - P �. I , 1, _A O' '�4::. - , __ , " , __ � , ,� . �. �., ,, , , , '. , _. - ,k.,, �.". , , , ,_ , , . - -- - - , - .�M.�, , _,, - " , `ill�' ; ,� , , . - , � � -1 . , __ �!:: `0�� , , . -, " .. ` - ", " - -� I- " - . , , I � � . � � , ". . �� - . - - , � - � .�. � -. , _. . ._� . � ,�� . 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I � � ; I I ,__ � _� .�'. � ., �?7.,� ".. v', �.�� -, . , ;� 1. , - , _. ._f,';�,�M_ . ,- ��v, -,:,� .I:t: - - w -. ;I , , , . ,��:. &��.4, ,� - , - 5.1 I �..�F, . -6__ - ..I. � �� , - , ; , .'��,_____ ,�,7 z ��-, -! - , �� I. r�! - ; `�� '\';.:r,"' 1; . :� _��' :��'M_I�i� �'�jaz t, 7�,_:, .�, _.�_ . , :' , . , - , _..., �, ; � ,k .1 - . � 1�1 : ,��._ .- , " �,� .4 . �,r�_ zl-- � , - _ , -� ; , _. - " 1� .. .� . . .;- I ��Y,,J, , ,, , - � ,��:,_ � , .�z � � �_ -�_ - ,u-A;. , " - I I , , . I ;s tt 1 ,a. I� Z � _ 7 - 4" Mr.L O. Pt ".Social.' Sig - CitiaAn•e r Johaon.F'C 22VI 5. Du IONa_ City I < k. k } �hA At i o£ Io�ga C regarding opII1@llty5. AC tac City Coun .' ri Drl%tmbw� f r- ,r t J iF M [, � 4 ` 1.' _ _ � z z ti ii.. sj..C� s x ♦ . _ W _ _ S if i az f)eaember 2, ;1974 .; C08s Subc 0�3mai2 ttee y r y z r L ti 1Ly3Rsgiona7.{I►lntining-.; Ctvumt. - _. - - ' - _ - Y/A Stf ,. J Y • r � 4t _ 6 h R a � t/ (. G � � t yy S .. ♦. royitlar ntaett�sg on Novemb'Or 26, 1974; -khe City Council, of 6l11 received and pTacefl yon y file your` letter hnrosii�nes is analy`sis� ri :thasRouuiiig azid.; Comcmuiity b - f 1974.;Yonr 1ettAr has, been referred -to the„Steerevel ing r their rcnsideratibn.:_, ouroforbringingthis mattar'to the attention of, the s y 'Sincerely yours 7. F. y t%; _ City Manager y , ( , r pi� i.Fn"4 j ` t �tih t 4 y f , y , 3 - 3 YIt (x i`�.4 _.� .. ti.. 3 _ aP9.h "f ^•v. '�f.A�: r s. f e �. �i .x ��.)+l� a lam a..1 ..- .e. �! ! f..:�- .. h _ � i .. ...,.. .... .. « __ UNITED,STATES OFr AMERICA' e 4. GENERAL SERVICES ADMINISTRATiQ # Region 6` _,.1924.: •. � uwu ry�u . _ 1500 East Bannister Road a Kansas City, MO 64131 Honorable Tim Brandt Mayor of Iowa City Civic Center Washington Street Iowa City, IA 52240 Dear Mayor Brandt:' The old Post -Office`property,'28-South Linn,.Iowa City, Iowa 52240, has been determined surplus.Government property and available for disposal. The, attached`.notice includes a description`of.the property and procedural instructions to'..'be.followed by any.public agency desiring to submit an- application.for the'property.-.PPlease note particularly the name and.address-given for filing written notice if any public agency desires to submit.such an application; -the time limitation within which written notice.must.be filled, land the required content of such notice. ' As the head of the governing body.of the unit of general local government having.jurisdiction.o_ver zoning,and wand -use regulations in the geographical"area within which this surplus property is located, you:also may be interested in.s'ection'.803 of the Federal Property 'and Administrative Services 'Act of 1949, as amended, 82 Stat. ll05, ,a copy of.which is attached.for`ready reference. It is requested that, the Iinformation' coitemplated by section 803(b) be. forwarded t d this office within. the same 30 -calendar -day period prescribed in the attached -notice 'of:surplus,determination for the advising of a desire.to. acquire the=tproperty.If the property is unzoned an d;you_desire'the`opportunity to`accomplish such zoning in.accordance with local comprehensive planning -pursuant to section 803(a), -please so advise us in writing within the same time frame and let us know-.the,time.you will require forthepromulgation of such zoning -;,regulation. We`will not delay sale of the property pending such zoning':for more than 50 daysfrom the date of this notice. However, if you will not be able to'accomplish the desired .zoning before the property is placed om.sale, we will advise prospective .purchasers.of-the pending,zoning.in process.< Jr q, In order .toensurethbLt interested s,�ire inf6rmed of the'.'availability-.--of this' -property; -,-we �-fw6illd-�appreciate your,h g aV3M Old Post Office Property, P -Iowa -469 28 South Linn Iowa City, Iowa 52240 Notice is hereby given that the subject property has been determined surplus and is available by negotiated sale for public use. The property consists of approximately 31,500 sq. ft.'of land improved with a 2 -story masonry building containing approximately 28,563 sq. ft. of floor space. The property is surplus property available for disposal pursuant to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et. seq.) and applicable regulations. The applicable regulations provide that public agencies (non -Federal) shall be allowed a reasonable period of time to submit a formal application for surplus real property in which they may be interested. Disposal of this property may be made to public agencies for the public use stated below whenever the Government determines that the property is available for such use and that disposal thereof is authorized by the statute cited and appli- cable regulations. Statute Type of Disposal 40 U.S.C. 484(e)(3)(H) Negotiated sales to public bodies for use for public purposes generally. If any public agency desires to acquire the property under the cited statute, notice thereof in writing must be filed with the General Services Administration, 6PK-Public Buildings Service, 1500 East Bannister Road, Kansas City, MO 64131, within 30 days from the date of this announcement. Such notice shall: 1. Disclose the contemplated use of the property; 2. Contain a citation of the applicable statute. 3. Disclose the nature of the interest if an interest less than fee title to the property is contemplated; 4. State the length of time required to develop and submit a formal application for the property. 5. Give the reason for the time required to develop and submit a formal application. Application forms or instructions to acquire the property for the public use may be obtained"from the General Services Administration, 6PK-Public Build- ings Service, 1500 E. Bannister Rd., Kansas City, MO 64131. Upon receipt of such written notice, the public agency shall be promptly informed concerning the period of time that.wil.l be allowed for submission of a formal application. i ' ►Ef0`_N/`Y i � 4_ CAROLz I,z. UCAROUNE + M. �Nft-%•��: 0 AVE .:z DR.: •�'� r TESL Ill �� ;WHITING 'AVE a. 1 KIMIAII AVE. 1" �_��?°_+00�'•4':oc•! - C-IT_Y�PARK: •'% '' :� iw =�`�': •fir `Z*I �• �r ••i>d�rl 115 y .. KT1AlAll .- _ `•' "' • .`••+ N t �j ,.: 3 >. •t;:; i - -- ^' ST. JOSEPH tj GOULD7 ►• < Z; ' F ( s, �V _ C.MET RY �•rE. !OnKliilpYARIC•RD: '" " j •f ! ' 00 ! C'_METEP.T )Wjj ST. cp ROVE Si.p r --SRI(� •'- -! 00 l + t •�. ! z .a' -•,j -�W: ALLEY j e •��' I ; 1RONALD4 St. £ �� 'S• McLEA ST.•< I> > >) 7 RONALUS,ST:^. r!� �•• J, - . / + �t to O u: `t_O .... I < o CHURCH. ST 0 i0 �2: �i !"' ,Wi.. .,[ t�..._.1...._ ,�..1�. �_.� G r I v1• < U N a 1 �`�"•:�C'"f"''-'i-RIVE "'Si'• o 'W •�!` , FAIRCHILD40RIH MARKET i ST. CCD {:• 'U U O r0 jj� F Yl�R!: ... ^' . ,� O l ` •i�� . 1.' -• t • _ i1 t 1 ST:. i `^ u ,•' I,n" ' S• Sr• W RrD �3lAYARD, ST.-.IfQ .� i, 1, DAYENP RT _- - O lu ILOOINGT.N ST.I _ .� V •w . - 5 N - 41S.- •lAl. )� /i':'yir : , 2 LSAR KET ST•90 v' a N 'r.....-�. p"'-. 1-•--�•-�f z;' W �'-_••' _f - r10TZ A% •: ©q_JEFfiERSO}=©o IOWA^ AVIi T" - TT O WASHI. GTON;. .e- vi• a? -E- 7 I x \<:• '/ij •r... O _ 71 tT •; t • f`:CO�hEGF >77777 T- isK COLLEG= Ut a VP.t ) GT,E� ` STADIUM < r PARK ,_ . - =r-- ' I I ,. P/,Ar t �OC,,,!• K t R NO AVE. ,6UP,LINGT NN SST: _COURT Sr. JE• ..i .---• -E?•�- --.0 juga -.a •� 17l i,...... .._j .. --,•- � d ' µEIaO�E.n'`� •r T Z U u O Vc;z +� i H P.kiSON TT� _ a j� } { iF IiXa �r` a 33w•• "' U RIVERSIDE �; ' : t II.PK U O / • ? W ~ ROOKND P RK CT. Cf f ~•!— R� E i 1•: I i t inK Ci. JIS 1 �"••�v Otr 00 _ O_ YRTLE AVE a ! •RIGHT ! -V t - j -ice SEYMO AVE. -� r. �"9, `�' T RIVERSIDE �, „_,,,, .��, t• i , i' IUARIETTA AVE. AVOOOSIDE' S. •- - - ._ r HWnODtIpE �JO ''`'" Cr. '� : I i> © 'f e ITOW R�GT• M� w P-l�OrpR. a •� f — LAF_AY iTE`.`�•- i Tis LT lop P. `J <:� •-rtt < ...T 1 J Zf' t Z-.'^PA•E EHTON Ze-P.Z--.•.-• f .r. f S i •: G 2 K 7rii i t ST. .v .ct '-<� I an••^v;N j W :r 1 r •r2 yV, U O .e - ♦. r ...._ -i-. •�.. _ •. .a :w H'NN+ OU ., <- Q' O W,�. �KO - T .n •F• �"•+.S7, U 5 !l W_ _ ON STIR :0 ❑ I~ PENTON ST. .✓. WAL-tUT GL.•_, nim-..._ x _.__..... �---- •v , iIAYG ROZYO S ° �a Oen .•-�.�W OAK?IOLL DR. z� DO GlAS ST?� '._ ! r •. _ > ' :> :3 I KI CWOOD''r' !/,VE:'•_ _ {{ 3• n• r<7 U ..• a . a •a rc IS)< 57• j YY. ar .n ' >• \Cl-VjOOD U W -O = DD GLAS•Crl U V .._Ky,�n u. .<HIGH `^ GIt7TE- A � � 3 = _-_ _• O )� 5�. . o• L . Io � �:.... _.•.,.,:.�.....: CRE SHO?PING .Y,•'•r•V•.. Q 3RD ST. �'i �r�'Jl' CT;-.a'c <. �'fP•ICItIII.I' AVE. wARwAY w/ CENTER l';•>,4•.n?•. _ i_!•IGHLAND x " - p &*GOT, COTTON 1 W T)FR/ AvE. Cf. ERNEST ST, ED! GALE zuw Ar FCOTYONWOOD'ya fE , S>: e 7 < r `'DX. crovENS DRI f ST ' VCUD N, AV o GE TOR 'S; t •"O W t.'• GR r p�P a ,u 6 n D NF �• 0 N�i�E �• / •-- .. A. y �. HO• Lt ❑� •J SOVTHGATE AV 0• ••1 41_ -►I) IOV/A CI INIC P l Al PORT i /' :�. --c-9 RUS ll DR. 7 , , .<-• E E SAMUEL DR. — f 5 $ _ WR7DSOR CT. _-E•7 0 __HSL SANG RD. H I•S /- - WIN OSOR OR. _-_E•T •O< SCOTT lVD_ ___F•10 ' r -R SEYMOUR AVE, G••VV ^'%' K7 ( Winston Dx. E-7 WOOOIA:vN _.E•L x �ilE1i SrtA+.lROCK D;. G 10 ,; ?7_ + _ - .�_• C•R SNERIDIN AVE G S-1 = R G L = TRADER. RD ... _ 5 . ,- .ccs ,._. _. %% _ WOODiIDE EDR. E .G 3 `.. O i TITLE VIII --URBAN LAND UTILIZATION DISPOSAL OF URBAN IANrD3 SEC. 803 (a) Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local government. having jurisdiction over zoning and land - use regulation in the geographical area.within which the land or lands are located in order to'afford the govornmont the opportunity of zoning for'tho use of such land in accordance with local comprehensive planning. (b) The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning: (1) Current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned; and (2) Current availability to such property of streets, side- walks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning. 0 G u ✓ I Sp h2 ' u C h 'f � i" _� DecAaibar 2,.:,1974 2 t t y L i J t _ Visas Cit Y � a u O Ai'�sisiidtration - At it Y v Ci of _Ivor 641.31' regardi�gr - han) - .. City Contu rating; oa ttaven�ber" 26, 1974, the•'City Council ly reined :and>pieced on file your letter Yi W `of ggtliis ;mattwi to tiie attention .,the � Y IA Dl�L\iulL�tl. r =,x Sincerely- yours, 'E y _ sa 5". I t ' Dennie R. Ssaft Acting Cittp Manager. i tY ! i _ t t H - 1 Y i i y ✓ Sp h2 ' u C h 'f � i" _� DecAaibar 2,.:,1974 2 t t y L i J t _ Y � a u O Ai'�sisiidtration - Y v 641.31' rating; oa ttaven�ber" 26, 1974, the•'City Council ly reined :and>pieced on file your letter `of ggtliis ;mattwi to tiie attention .,the IA r =,x Sincerely- yours, 5". I ' Dennie R. Ssaft Acting Cittp Manager. tY ! i _ _ t H - 1 y i 1 4,11 ,- - t�-fit - - - Yt 2 City Council City of Iowa City Iowa City, Iowa Court Hill - Re: Scott Boulevard Addition #2 Gentlemen: Plum Grove Acres, Inc., the developer of the above referenced subdivision requests the following: 1. Acceptance of all improvements in this sub -division. This acceptance shall be recorded and a copy furnished to Atty. Edward W. Lucas 2. Repayment of $11,809.64 in escrow funds that are now being held by theCity of Iowa City in lieu of improvement or im- provement acceptance. 3. Payment of $4995.00 which is the City's share of overwidth pavement in this subdivision. A copy of escrow amounts and the paving agreement are attached. Sincerely yours, Plum Grove Acres.,Inc. by W.- &7d Pres. L E NOV2 D 1 5197E ,sc3tF STO FUS U Y CLERK 4 " t 'November 27,1974 r, �• y�. � Y _ -J t i Y Y - �mi T ^� t o s 1 f. vl t ' - d Bruoa R. Glasc Pseel�saE ^v CP :t _ , Plum`Gro% Aaa R.. 72T,SudtiMrf -.Y IowaCity, ,Im DQar- Mr►r Glass a �l t4 City avlts, BYovember' 26,,, 1974, meeting . . L an.,ti1a your letter. regarding Thd City � > Ll bat'inrtouch with you in the near oEficially��re� - cout sill - r®vieaiaq .:you � r � fntusw regard �..R•'ht - �iacerely, . .H 2 w Yi zl- = a_ Kraft . Acting City"Manager. a , � S H. ` x j I A -M S 1 t L • 7 Jl J, #, tt lti` f 9 )Fi 4 a z J � .[• t t j r 4 " t 'November 27,1974 r, �• y�. � Y i o s CP :t pgSl• i tt: t -^ $ t4 City avlts, BYovember' 26,,, 1974, meeting . . L an.,ti1a your letter. regarding f�taitioa Part 2. =r We ;are presently. Ll bat'inrtouch with you in the near 1 f -77S � r � �..R•'ht - �iacerely, . .H 2 w Yi zl- = Kraft . Acting City"Manager. j I A -M t L • 7 Jl J, #, tt lti` f 9 , z J � .[• t t j r To ty £ unc 1 o s �a c. Orr IOWA C. $e: Cour' Toga ta' sCott f1iI1 Cent-Zeneh. 80 u2etQzw �d 1VoT'Zwber 2s, Z9?4 P2ZI271 di tion subs Cro �.., °u •4cres, 1° Ac re4ue TuC. acr eAta.2 sts the the Cie 1, ce of. 2 Cl d� e d Pr ce Q22L shall b AroV 'pt°ZjokZu6'Ae� off, the h da✓nieut o�uCas e recorde� is iu t above rel a Arovem 4ttheCi .0809 ud a cos sub 3• Aat el" °� acce tar�ce ° a4 Cit escroy Ay u hed eut t�99s° 0 y Zu d2uuds th ° . u hes C k'h °�, at a ub h cOAy op eucroy s �1it S� ns the C2 ty' irnA2 °V Me Z204.°l be. �a°outs % s shams Z ud the of o AatZr v-ez'k'tath g agreement SZhce,eIare at y yours, Cached° C -Ove /!eyes by , TnC PzesL 1,2 O J ■ :�: °' �� O T n m � � O 3 I � a � v � J ■ :�: O n m � � � n � � _:O � v � W � 0 o r' v 0 G� m n ir, City Council City of Iowa City Iowa City, Iowa Court Hill - Re: Scott Boulevard Addition '#2 Gentlenen: Plum Grove Acres, Inc., the developer of the above referenced subdivision requests the following: 1. Acceptance of all improvements in this sub -division. This acceptance shall be recorded and a copy furnished to Atty. Edward W. Lucas 2. Repayment of $11J809.64 in escrow'funds that are now being held by theCity of Iowa City in lieu of improvenent or im- provement acceptance. 3. Payment of $4995.00 which is the City's share of overwidth pavement in this subdivision. A copy of escrow amounts and the paving agreement are attached. Sincerely yours, Plum Grove Acres,, Inc. by / < /Zt,,Gc— & / Pres. E�I-MV2 5197h ULFUS c IPt c .; of the Court Hill - Scott Boulevard Add., Part 2 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have required, as a condition of the approval of said subdivision, that the , Developer shall improve Raven :eet wide, back-to-back of the curb, and by paving said street 36 R'HEREAS, The City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess of 28 feet in width and said cost has been determined to be less than Five Thousand Dollars ($5,000.00), and that no bids are required, pursuant to Chapter 23 of the Code of Iowa, and the City of Iowa City has determined that the cost of Four Thousand Nine Hundred and Ninety Five and no/100 ($ 4,995.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of _Seven Dollars Forty Cents per square yard but not to exceed Five Thousand Dollars $ 7.40 as full payment for its share of the improvement in excess of the W146th of 2_ fent. 3. It is understood and agreed by and between the parties that nothing e:ein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this � day of ?ri A.D., 19I K. CITY OF IOWA CITY, IOWA i By: Mayor At�uat City Clerk By _ Plum Grove Acres, Inc. President f� G�2tfC.� T ` . Secretary lat. ,%K '-WON OIN :,t it! w \ Limy+ '�•LS s W"', 4 . J t C Yi -_SYS y�rF• r �� V", -•;� �) t i r L F. .Y k 4 YT ( ry yY ' :Plwn Grove AaresClaa.��; �j r i zowa City, 2owa sa24o F k Dear, Mrw olaegc+r: w ' At"its;regulsx mese of Ioas�CityofflaialZyi \iVi�Y�`i�� ��t �Vte�QYsi for�hrittgi It y t 3i 1: J - F - ti ;t i h h � e r / 3t zz L _ { 4 l _} wt 5T a:.e...14, S g' S F } - _ r L3 � t Vz LF ``Deaamber 2, 1974 4 r r3 T '3 i � er / _ h J �yh l r� h ,®r 26r 1974, the City Council gIa,oed on -file your letter ted to the attention of the Sincerely,. yours,: : ,e 'pBiiisi8 R. °Kraft' � . Aati'ng,City Manager Y 1a � J 'c YS r1 Y t � a t �{ 1 is tS` K 1 ti 4� RESOLUTION NO. 74-524 RESOLUTION OF APPROVAL OF CLASS C LIQUOR CONTROL LICENSE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby ap- proved for the following named person or persons at the following described location: Walter Poggenpohl dba/Walt's, 928 Maiden Lane Said approval shall be subject to any conditions or restrictions here- after imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application andforward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. i It was moved by White/ and seconded by deprossP 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 26th day of November ,19 74 RESOLUTION OF APPROVAL OF CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Hamburg Inn No. 1, 119 Iowa Avenue 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 en- dorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer & Liquor Control Department. It was moved byBre t , and seconded by White that the Resolution as read be adopted, and upon roll call there were: i Brandt zarnec i av1 sen e rosse ite 9 AYES: NAYS: ABSENT: Passed this 26thday of November . 19 74 RESOLUTION NO. 74-526 OLUTION OF PROVAL ION. S OF CLASS B BEER BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B BEER Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Hamburg Inn No. 1, 119 Iowa Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of 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, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Brandt and seconded by White that the Resolution as rea e a op e , and upon roll call there were: AYES: NAYS: ABSENT: BraBra—nd_ X Czarnecki x Davidsen X deProsse X .White X Passed this 26th day of November 2 19 74 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a C Liquor Control License application is hereby ap- Class proved for the following named person or persons at the following described location: First Avenue Lounge of Iowa City, Inc. dba/the Annex 819 First Ave. Said approval shall be subject to any conditions or restrictions here- after 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, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded that the Resolution as read be adopted, and upon AYES: NAYS: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X by roll call there were: Passed this 26th day of November , 19 74 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: Pasco Marketing, Inc., 731 So. Riverside Drive It was moved by Brandt and seconded by deProsse 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 26th day of Nov. 9 19.L4. . a GENERAL City of Iowa City Anna Byers & Winebrenner Dreusicke Anna Byers Edmund Publications Corporation Iowa -Illinois Gas & Electric Wolf Construction Co. Inc. Hospital Service Inc. Northwestern Bell Abbie Stolfus Wonder Bread Nagle Lumber Marvin Falk L.J. Gordon Associates Fin $ Feather Red Carpet Travel Service Iowa City Hilton Institute of Rational Design Youth Guide Hotel Muelebach Courier Printing McCormick Paint & Wallpaper E.J.'s Photo Service Ilten's Monica Leo May's Drug Store Johnson County Treasurer Efriam Bedoya Larew Company OSHA Advisory Council Clark Boardman Co. Ltd. Bill Alley Kirkwood Kwik Klean Mrs. Lena H. Carman Mrs. Calvin Siebert Econogas Service Inc. Fay's Fire Equipment S.S. Kresge Co. Radio Trade & Supply Cresent Electric Supply Gale Research Company Dover Publications Dodge Building Cost Service Cricket Coordinated Library Information Commerce Clearing House Children's Press Inc. Chambers Record Corporation C.W. Associates John Botsford Baker & Taylor American Printing & Publishing Inc. Center Firemen's food allowance 480.00 Damage claim 453.50 Damage claim 7.98 Subscription 15.00 Electrical & Gas charges 4,535.53 Concrete repair 1,799.82 Health insurance 10,935.33 Phone service 753.86 Travel expense 13.58 Animal food 20.58 Lumber 81.54 Technical service 61.50 Books 6.00 Misc. operating supplies 223.56 Travel expense 278.20 Rental 16.45 Manual 5.00 Publication 2.98 Travel expense 19.74 Outside Printing 27.70 Paint 28.00 Equipment repair 101.82 Sanitation $ Industrial supplies 40.60 Professional service 30.00 Animal food 1.79 Report 8.00 Book 7.00 Building repair 29.26 Registration 37.50 Book 15.71 Professional service 150.00 Laundry service 92.80 Refund 3.00 Refund 4.00 Propane 5.35 Fire extinguisher refill 9.75 Recreational supplies 6.07 Misc. operating supply 20.16 Electrical supply 56.95 Books 249.09 Books 4.05 Books 14.95 Books 11.80 Serials 5.00 Books 10.77 Books 36.38 Serials 10.00 Books 6.35 Books 115.00 Books 162.36 Books 20.10 • GENERAL American Library Association Books 5.00 The American Companies Books 292.58 University of Iowa Work study wages 122.98 Iowa Illinois Gas & Electric Gas $ Electricity charges 420.84 Des Moines Register a Tribune Publications 107.64 Bob's Radio $ TV Equipment repair 10.00 Whiteway Super Market Food 2.12 Wisconsin Holiday Serial 3.00 Western Publishing Company Books 13.90 W & M Press Books 13.12 Carol Spaziani Books 8.00 Simon $ Schuster Books 8.85 Publishers Central Bureau Books 88.48 Photo -Art Enterprise Books 31.40 Trustees of Public Library of Boston Books 2.50 New School Exchange Books 10.00 Lenoch 4 Cilek Paint study 3.80 K -Mart Paint supply 18.95 Hach Brothers Co. Inc. Industrial supply 144.35 Gaylord Brothers Misc. supply 28.80 Mitchell Manuals Inc. Books 22.00 Microfilming Corp. of America Books 597.00 McNaughton Book Service Books 102.90 Wm. A. Graf Books 17.50 Peter Glenn Publications Books 7.46 River Products Company Sand, gravel, and rock 302.21 David Worby Safety shoes 15.00 Rozzella Sorrenson Safety shoes 12.88 Porter's Camera Store, Inc. Photographic supplies •96 Recorder of Johnson County Recording service 3.50 Honohan, Epley $ Lyon Attorney services 59.58 Standford Law Enforcement Supply Company Misc. operating supply 15.08 Lind Art Supply General office supply 21.02 University Camera 4 Sound Center Photographic equipment 83.63 Aero Rental Rental 4.00 Meacham Travel Service Travel expense 132.73 City of Cedar Rapids Books 600.00 American Society of Civil Engineers Membership 45.00 American Society of Civil Engineers Book 5.00 City of Iowa City Urban Renewal Building rental 10.00 Urban Renewal Land Institute Book 23.75 NAHRO Publications 10.25 Dennis Kraft Travel expense 43.96 Contractor's Tool & Supply Tools & building supplies 399.84 Ralph Schuur Trucking Rental 8.00 PPG Industries Paint $ painting supplies 9.96 Saylor Locksmithing Misc. operating supplies 63.00 Hach Brothers Company Equipment repairs 233.14 Pleasant Valley Sod 28.44 Globe Ticket Company Outside printing 237.66 Hawkeye Seed Company Feed for animals 316.00 Breese's Misc. supply 29.57 Iowa Parcel Service Freight 4.28 Callaghan 4 Company Technical service 2,834.38 Iowa City Sporting Goods Inc. Recreational supplies 52.28 GENERAL City of Iowa City Billie Hauber Krall Oil Company Sears Roebuck & Company Woodys Tree Planting Service Herman M. Brown Warren Rental Inc. Press Citizen Swimquip Keith Wilson Hatchery Inc. City Electric Supply Ottumwa Boiler Works American Playground Device Wally Carlson West Branch Animal Clinic University of Iowa Navy Brand Manufacturing Company League of Iowa Municipalities National Recreation and Park Association Iowa City Laboratory Inc. Arie Kroeze Stevens Sand 4 Gravel State Department of Public Safety W.J. Tegler Hayek, Hayek, & Hayek Johnson's Machine Shop Animal Clinic Inc. Iowa Supreme Court Shepard's Citations West Publishing Company Towncrest X -Ray Department Barker's Inc. MOVITE Credit Bureau of Iowa City, Inc. Wolf Construction Iowa Lumber Co. Enzler's Tri State Toro Company Hawkeye Wholesale Grocery Pyramid Service, Inc. Iowa Illinois Gas & Electric Barron Motor Supply Company The Urban Institute L.L. Pelling Company L.L. Pelling Company DEBT SERVICE LaSalle National Bank First National Bank of Omaha Iowa Des Moines National Bank Merchants National Bank Davenport Bank & Trust Iowa Des Moines National Bank Misc. supply 45.07 Safety shoes 12.48 Oil 78.00 Operating equipment 360.95 Ground improvements 80.00 Equipment purchase 17,656.00 Rentals 51.00 Classified ad 76.91 Minor repair 75.68 Food for animals 75.75 Electrical supply 180.88 Building maintenance 2,420.00 Minor equipment 64.36 Travel expense 87.13 Vet service 102.00 Printing service 15.30 Sanitation supplies 191.01 Food 16.00 Classified ad 40.00 Engineering service 129.00 Damage claim 49.35 Sand, gravel & rock 77.85 Office equipment rental 100.00 Physical 41.00 Attorney services 3,070.00 Construction supplies 13.49 Vet services 87.00 Printing service 1.82 Reference material 25.00 Reference material 14.00 Physical 19.00 Landfill excavation 57,564.00 Registration 60.00 Technical services 3.20 Maintenance to improvements 4,304.00 Sanitation supplies 25.88 Misc. office supplies 14.00 Accessories 10.81 Sanitation $ industrial supplies 65.85 Oil & lubricants 3.60 Gas & electricity charges 6,574.29 Misc. supply 4.52 Books 35.10 Asphalt resurfacing 6,304.85 Resurfacing project 63,023.21 191,969.07 Bonds 10,000.00 Coupons 205.00 Bonds 10,000.00 Coupons 6 bonds 25,425.00 Coupons 300.00 Bonds 15,000.00 Merchants National Bank Bonds 11,474.75` Iowa Des Moines National Bank Coupons 2,033.75 Central National Bank Coupons 1,000.00 First National Bank of Omaha Bonds 10,000.00 Iowa State Bank 6 Trust Company Coupons 6 bonds 158,461.75 First National Bank Coupons 6 bonds 282,974.25 Postville State Bank Coupons 100.00 Central National Bank Coupons 2,000.00 Traders National Bank Coupons 100.00 Merchants National Bank Coupons 610.00 Central National Bank Coupons 631.25 First National Bank Bond 6 coupons 14,550.00 Iowa State Bank 6 Trust Company Bond & coupons 11,000.00 First National Bank Coupons 783.50 Central State Bank Coupons 66.00 First National Bank Coupons 962.50 First National City Bank Coupons 400.00 558,077.75 CAPITOL PROJECTS Lincoln Development Sewer improvements 3,162.80 Lincoln Development Landfill lift station project 4,896.60 River Products Company Sand, gravel 6 rock 21.12 Howard R. Green Company Engineering service 1,077.40 Howard R. Green Company Engineering service 3,334.15 Iowa Concrete Products Company Storm sewer pipe 275.40 Woodys Tree Planting Service Services 160.00 Tremec Company Paint 6 supplies 1,814.86 Shive-Hattery 6 Associates Engineering service 5,525.00 L.L. Pelling Company Construction 39,481.47 59,748.80 ENTERPRISE Iowa -Illinois Gas 6 Electric Gas 6 electric charges 1,308.46 Hospital Service Inc. Health insurance 1,414.25 Northwestern Bell Phone service 175.49 David C. Haney Water refund 20.34 John Edge Water refund 10.00 Mary Pfister Water refund 3.19 Myrna LeMa.ster Water refund 6.49 Linda Cramer Water refund 2.28 Jeffrey I. Seaton Water refund 3.70 Fred Van Allen Water refund 3.70 Town 6 Campus Water refund 12.20 Marty Johnson Water refund 2.82 University of Iowa Registration 85.00 University of Iowa Registration 280.00 Jim Hadley Water refund 6.49 Nick Gamertsfelder Water refund 4.40 Marvin Vore Water refund 5.00 ENTERPRISE (Continued) William Archibald Peter Veglahm Irving Heller Don Chilton Craid E. Miller Adelaide Englert Faye Erickson Ralph Sladek Rick Rhebb Iowa Building Systems Maureen Roach Maynard Schneider David Calderwood John English John A. Wall Mrs. Thomas Lynch Rick Newfield Thomas Giles Fashion Par Homes Harmon Bickley John Wiley Frantz Construction Harold Ketterer Alvin B. Miller David Bosserman Tacie M. Knease David Zaiken George Buechler Lillian Lawler Michelle Parish Harold Adams Larry K. Nelson C.H. Reece Thomas Martin Alan Kessler Wm. J. Steinbrech Jr. Dick Phipps Charles VanderLinden John Breeden A.J. Yarmot Fidelity Union Life Insurance Harrison Barnes Charles Shubal Tom Anderson Mrs. Jack Yanaush Bruce Gantz John Shawalter Edward S. Hulme Mary Jo Hatch Dennis Ruben Beverly Jenne Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund {Vater refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund !Vater refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund {Vater refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund 1.62 2.30 6.03 5.30 5.00 2.31 3.60 4.59 4.64 8.11 5.00 7.41 10.00 64.71 8.26 7.41 27.30 10.00 4.60 6.73 7.22 5.30 4.41 2.30 2.30 2.83 10.04 5.11 4.59 10.00 2.30 2.94 5.81 4.06 2.70 3.91 14.12 5.17 4.06 7.93 2.30 7.93 2.30 6.52 3.70 9.17 7.46 19.74 5.00 3.42 2.52 ENTERPRISE (Continued) Stephen S. Large Water refund 8.54 Dr. John Oaks {Yater refund 5.81 University of lows Water refund 2.25 Dr. Curtis Fredrickson Water refund 7.22 Joe Wilson Water refund 5.11 H. Moffitt Apts. Water refund 65.27 T. Larew Water refund 25.06 Drew Mashaw Water refund 2.68 James McAdorngh Water refund 10.74 Robert George Water refund 7.56 John Parrott Water refund 20.37 Component Homes Water refund 2.30 Dr. West Clabough Water refund 1.01 Anton Endress Water refund 7.93 Dr. Joseph Brown Water refund 23.53 Richard Covert Water refund 1.37 University of Iowa Water refund 7.08 Hugh Dingle {Vater refund 5.11 Dennis Katz Water refund 12.56 Margaret Schropp Water refund 7.71 Mrs. Raymond Oshina Water refund 2.30 John Hook Water refund 15.18 James L. Kacena Water refund 24.48 Kathleen Helm Water refund 6.78 .James T. Bradberry Water refund 1.44 Dr. Kenneth Bell Water refund 15.18 Walter Ellinwood Water refund 10.00 Bel Tinkey Water refund 5.30 Mark Dittmer Water refund 2.30 The Salvation Army Water refund 2.30 Whetstone Pharmacy Water refund 8.12 Whetstone Building Water refund 3.00 Aaron Braverman Water refund 25.73 J.F. Moffitt Water refund 6.05 Fin & Feather Misc. operating supplies 2.33 Larry Bruner Water refund 10.04 Wards Supplies 111.58 Watertower Paint & Repair Co. Inc. Equipment maintenance 1,971.00 Iowa Illinois Gas & Eelctric Equipment repairs 2,304.75 American Waterworks Association Membership 75.00 Utility Equipment Company Misc. operating supplies 13.05 Aryln Reinhard Water refund 2.30 River Products Company Sand,gravel, $ rock 190.08 John's Grocery Food 9.00 Bontrager Machine $ Welding General repair parts 20.36 Hamer Alignment Frame $ Tire General repair material 5.60 Contractor's Tool & Supply Tools $ supplies 185.07 Hach Chemical Company Lab supplies 198.93 John Nash Grocer Co. Inc. Misc. operating supplies 43.60 Motts Drug Store Collection service 72.40 Montgomery Wards & Company Collection service 1.20 Pearson's Drug Store Collection service 46.25 Randalls Store Collection service 26.45 ENTERPRISE (Continued) Hy Vee Store Breese's McCabe Equipment Inc. Certified Laboratories Coralville Products Inc. City Electric Supply Robert Walters Stevens Sand & Gravel Johnsons Machine Shop Sieg Company Brenneman Seed $ Pet Center Capitol Implement Company Iowa Illinois Gas $ Electric Consumers Cooperative Barron Motor Supply Paul Nutt George Knottnerus Raymond Schooley David Schindler TRUST AND AGENCY Iowa City Treasurer Iowa City Treasurer City of Iowa City Joan Williamson Iowa Department of Revenue The Daily Iowan Mrs. John McCrone Hawkeye Wholesale Grocery INTRAGOVERNMENTAL SERVICE Hawkeye State Bank Iowa Illinois Gas & Electric Patricia Cain Bob Bowlin & Tony Kushnir Hospital Service Inc. Northwestern Bell Knutson Construction Cleo Kron Harry Boren Hawkeye State Bank Yellow Freight Systems Spyros C. Straikas Harold E. Brooks Larry Cox Kleen King Highland Ave. DX Old Capital Motors American Income Life Lewis Motor Supply Inc. i 18,887.94 Fire retirement 4,146.85 Police retirement 3,426.25 Fire retirement 2,977.33 Food 6.97 FICA Taxes 20.66 Classified ad 13.14 Agricultural supplies 80.34 Coffee room supplies 56.10 10,727.64 Payroll transfer Gas & Electric charges Travel expense Travel expense Health insurance Phone service Water refund Travel expense Travel expense Payroll transfer Freight Water refund Water refund Sanitation Maintenance Vehicle repair Group Insurance General repair materials 135,480.72 447.21 120.00 320.00 1,175.55 80.00 10.00 15.00 100.00 839.82 13.40 2.66 8.84 100.27 7.50 11.43 8.40 97.12 Collection service 117.40 Tools 8.50 Equipment repair 13.80 Sanitation and industrial supplies 172.03 Construction supplies 18.01 Electrical supplies 48.71 Safety boots 9.45 Sand, gravel $ rock 387.95 Vehicle repair supply 30.00 Misc. supply 20.34 Seed 30.40 Miscellaneous operating supply 1.17 Electrical costs 7,925.39 Heating oil 697.00 Misc. supply 7.74 Safety boots 9.45 Safety boots 9.45 Safety boots 9.45 Safety boots 9.45 18,887.94 Fire retirement 4,146.85 Police retirement 3,426.25 Fire retirement 2,977.33 Food 6.97 FICA Taxes 20.66 Classified ad 13.14 Agricultural supplies 80.34 Coffee room supplies 56.10 10,727.64 Payroll transfer Gas & Electric charges Travel expense Travel expense Health insurance Phone service Water refund Travel expense Travel expense Payroll transfer Freight Water refund Water refund Sanitation Maintenance Vehicle repair Group Insurance General repair materials 135,480.72 447.21 120.00 320.00 1,175.55 80.00 10.00 15.00 100.00 839.82 13.40 2.66 8.84 100.27 7.50 11.43 8.40 97.12 Freeman Locksmith Inc. Xerox Corporation Bontrager Machine & Welding Cooks Paint $ Varnish Company Iowa City Coach Company Inc. Precision Bearing City of Iowa City Urban Renewal Contractor's Tool & Supply Coralville Frame $ Axle Robin Stika L.P. Foster Iowa City Glass $ Mirror Saylor Locksmithing Breese's Martin Brothers Implement Company Petty Cash Krall Oil Herman M. Brown Iowa Bearing Company Press Citizen Certified Laboratories City Electric Supply Robert P. Keating George Bonnett Union Bus Depot U.S. Postal Service Hubbard Jackson Electric Spenler Tire Service Continental Oil Company Stevens Sand & Gravel Company, Johnson's Machine Shop Wallace E. Carlson Sieg Company Kennedy Auto Market Cline Truck $ Equipment Capitol Implement Company John T. Eagan Donald T. Eagles Leo D. Eastwood Dwain Eckberg John George Echrich Gary Edwards Warren P. Edwards W.E. Eckhardt Louis R. Eichlar Marvin L. Bailey Allen R. Baker Barker Shoes Michael Balch Gene M. Bane Duane Banks Daniel J. Bardsley Michael Barger JoAnne Barnes Heide Barnhill Inc. Vehicle repairs Rental Vehicle repairs Paint Reimbursable travel Vehicle repair supply Refund Tools General repair materials Technical services Professional services Repairs to vehicle Misc. operating supplies Vehicle repair supply Vehicle repair supply Meal Gasoline Vehicle repair supply Recreational supply Classified ad Sanitation and industrial Vehicle repair supply Travel expense Travel expense Reimbursable Postage Building repair Vehicle maintenance Oil $ antifreeze Sand, gravel and rock Vehicle repair supply Travel expense Vehicle repair supply General repair materials General repair materials Equipment Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund supplies 25.00 165.00 154.40 75.30 53.00 347.60 12.51 26.13 26.00 10.00 100.00 26.28 34.12 1,087.29 110.42 1.97 5,589.53 210.53 51.64 51.89 253.41 7.45 40.00 500.00 783.31 95.00 42.40 91.50 804.24 43.92 476.78 125.00 20.08 115.17 417.91 587.98 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 INTRAGOVERNMENTAL SERVICE (Continued) Dr. Jeffery Baron Water refund 10.00 Dr. Robert Baron Water refund 10.00 Philip J. Barter Water refund 10.00 Richard C. Bartholomew Water refund 10.00 John E. Bassett Water refund 10.00 Marion V. Bates Water refund 10.00 Jay Baum Water refund 10.00 Donald Bayne Water refund 10.00 John P. Bean Water refund 10.00 George Becker Water refund 10.00 Louis Becker Water refund 10.00 Richard Beckwith Water refund 10.00 Raymond Bieman Water refund 10.00 Louis Bell Water refund 10.00 Mark Bell Water refund 10.00 Lyle E. Bellin Water refund 10.00 David Beltz Water refund 10.00 Robert Beney Water refund 10.00 Benton & Riverside 66 Water refund 25.00 K. Michael Berry Water refund 10.00 Michael Bezehertny Water refund 10.00 A.K. Bhattachayya Water refund 10.00 J.F. Biebesheimer Water refund 10.00 Big Ten DX Water refund 10.00 Dr. Tarch Eloachad Water refund 10.00 Donald A. Alton Water refund 10.00 Glenn Elbert Water refund 10.00 John Enger Water refund 10.00 Jim Engelbrecht Water refund 10.00 Gary E. Engh Water refund 10.00 Harry Epstein Water refund 10.00 Gerald J. Eskin Water refund 10.00 Charles Evans Water refund 10.00 Charles E. Evans Water refund 10.00 Jack B. Evans Water refund 10.00 A.J. August Water refund 10.00 A & W Patio Restaurant Water refund 50.00 Aero Rental Water refund 10.00 Ray Alberhasky Water refund 10.00 Dr. John Albright Water refund 10.00 James Alcayde Water refund 10.00 Alice Bijou Day Care Center Water refund 10.00 Charles E. Allen Water refund 10.00 John W. Allen Water refund 10.00 Thomas L. Allen Water refund 10.00 James C. Halverson Water refund 10.00 Jesse E. Torahen Water refund 10.00 Charles K. Ford Water refund 10.00 James Fordice Water refund 10.00 James K. Fordice Water refund 10.00 Iowa City Four Squares Water refund 10.00 Iowa City Music Shop Victor Fonasesca Richard Irvin Everett Irving Iowa Gym Nest Richard Gambel Garb -Age George Garcia Lester W. Gardner Marvin Gardner Mary J. Gardner Donald R. Garlach Pyramid Service Inc. David E. Charles Wen Tao Chen Larry A. Cheney Kenneth E. Clark Stephen T. Clark Clayton M. Claussen Richard Claussen Craig Clemons Margaret M. Clifford Elizabeth Clothier Martha Coakley Paul Cohn C.O.D. Steam Laundry James Cole Jim E. Cole David Coleman Dana Collier Dr. Paul J. Collins The Coloring Book Wm. Comerford Harry Comstock Robert L. Conley Mark V. Connelly L.J. Consamus Don Conway Thomas G. Cook Stella M. Cooper Carolyn F. Copeland Gene L. Corbett Dennis Cordle Fernando Corry James Max Corso Charles Cory Mike Couch Dr. Phillip G. Couchman Jim Crabtree John G. Craig Dorothy M. Crawford Trevor Crick Iowa Illinois Gas & Electric Consumers Cooperative Barron Motor Supply Company Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Vehicle repair supply Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Gas 4 Electricity Diesel fuel Vehicle repair supplies 10.00 10.00 10.00 10.00 25.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 387.05 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 30.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 245.96 4,747.08 552.45 INTRAGOVERNMENTAL (Continued) Phillip Branson Robert Brechwald Neil Bredman Douglas R. Brenneman Richard Brenner Stephen F. Bright Howard Bringman Fred Brink James Broadston Kenneth Brody Winifred Brooks Hubert Farnsworth Charles Farrell Russell K. Farrow Fashion Par Homes, Inc. Craig F. Fastenow Thomas Feldbush Harley G. Feldick Harold Fell Frederick A. Feuchter Daniel Feuer Paul H. Figge Gary L. Fink Kenneth Fiscella Eugene Fisher Robert G. Arbogast Dr. James Arnold Richard Arnold Stephen Arum Douglas Ashby $ Bigelow Kendall Atkinson Kent R. Autor J.E. Aydelotte Terry Birchmier Tom Bishop Karen Bixby Lawerence E. Blades Mn. Blair David Boaz Robert Boaz Stephen H. Bobek James Bogart Gerald Bolton Doug Boothrov Thomas J. Bowman Robert D. Box Tom Boyce James Bradac James Vernon Fisher Robert M. Fitch 511 Club John A. Flanagan David R. Flatt Flowerama Janet K. Fluent Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund {Vater refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Ilabbo Fokkena Watcr refund 10.00 Joseph R. Cahill Water refund 10.00 Charles W. Calef Water refund 10.00 .John Cambior Water refund 10.00 Victor Camillo Water refund 10.00 Mrs. Earl Campbell Water refund 10.00 Robert Canney Water refund 10.00 Ralph J. Cap Water refund 10.00 Ernest Carmichael Water refund 10.00 Ronald G. Carner Water refund 10.00 Roscoe P. Carney Water refund 10.00 Steve Carson Water refund 10.00 Wade R. Cartwright Water refund 10.00 Clayton Carver Water refund 10.00 Catherines Ltd. Water refund 10.00 Edwin Cerny Water refund 10.00 Chadek Tire Company Water refund 10.00 Dennis W. Chadwich Water refund 10.00 Michael Chan Water refund 10.00 Marjorie C. Chapin Water refund 10.00 F.K. Chaplen Water refund 10.00 Jean Chappell Water refund 10.00 Sam Chenoweth Water refund 10.00 Roger Christian Water refund 10.00 Dean Christian Water refund 10.00 Michael Cilek Water refund 10.00 Citizens Comm. on Alcoholism Water refund 10.00 Thomas Claffey Water refund 10.00 James Dale Clark Water refund 10.00 George A. Brown Water refund 10.00 Mabel Brown Water refund 10.00 Raymond Bryant Water refund 10.00 Wayne Buch Water refund 10.00 Wm. Buline Water refund 10.00 Ronald Burgin Water refund 10.00 Thomas E. Burlingame Water refund 10.00 Dr. C.P. Burns Water refund 10.00 Michael W. Burns Water refund 10.00 Douglas A. Busch Water refund 10.00 Robert V. Busch Water refund 10.00 Archie C. Bush Water refund 10.00 John M. Butler Water refund 10.00 Richard Butterbaugh Water refund 10.00 Mn. J. Byers Water refund 10.00 Patricia J. Byler Water refund 10.00 Daniel Brower Water refund 10.00 Mrs. Duke Birr Water refund 10.00 Terry M. Careen Water refund 10.00 Mrs. F.I. Gringer Water refund 10.00 John A. Gross Water refund 10.00 Clifford Gryte Water refund 10.00 Gary Gussin Water refund 10.00 Brian Gutheinz Water refund 10.00 Lester A. Gwinn Water refund 10.00 Gregory S. Haag Water refund 10.00 L INTRAGOVERNMENTAL (Continued) Rev. H. Haak Catherine Joy Haas Dean E. Hachett Phillip Haddy Joo Yong Hahn William Hahn Barbara L. Hain Steven A. Hall Myrne Hallman William C. Forst Alan J. Foster Frances J. Fountain Four Cushions Inc. David Foust Allyn R. Franz Wm. Fredrick J.B. Freeman M.D. John Freeman Joe Fry Charles Freyermuth Gilbert A. Frisbie Jr. James R. Froeschle Andrew Franklin John J. Ambra Nelson Amos Alan Anderson Janet C. Anderson J. Dudley Andrew John Aplin Iowa City Lums SPECIAL ASSESSMENTS Hoffman Waters URBAN RENEWAL Various Verne Nelson Frederich Schieber Welton Becket Johnson County Abstract Hayek, Hayek, Hayek Hayek, Hayek, Hayek City of Iowa City J.C. White Excavating Company Dean Price David Johansen Nolan, Lucas $ Nolan, Atty's Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund {Vater refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Water refund Appraisal fee Relocation payments Refund Refund Services Services October expenses Legal expenses September expenses Demolition project Refund Refund Refund 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 160,033.22 150.00 150.00 14,032.39 10.00 10.00 1,788.43 38.00 812.50 64.37 6,247.24 4,026.65 10.00 10.00 18.00 URBAN RENEWAL (Continued) River Products Company (Tom Scott) Frank Poma Nancy or Melvin Green Sheriff of Johnson County Mr. David A. Elderkin Johnson County Clerk of Court Petty Cash Elizabeth W. Jiras, Dean Oakes a/d/a/ Ken Kocher, Joel Kollich a/d/a/ Dean Oakes, & Evelyn Oakes Estate of Etta M. Stimmel LEASED HOUSING Isabelle Brawner Helen Fauser Dean Estting City of Iowa City Chuck Banken Gilpin Paint & Glass, Inc. GRAND TOTAL Refund 10.00 20.00 Refund Repairs 10.00 Refund 3.70 10.00 Sheriff fees Repair supply 337.95 Legal fees 218.39 350.00 Court cost 13.63 Misc. expenses 4.95 Real estate purchase 30,500.00 Real estate purchase 200.00 Purchase of property 100.00 Purchase of property 23,400.00 82,014.11 Services 10.00 Refund 50.00 Repairs 146.02 Water services 3.70 Repairs 3.00 Repair supply 5.67 218.39 $1,081,826.92 The preceeding disbursements allocated by fund in the total amount of $1,081,826.92 represents an accurate accounting of obligations of the City of Iowa City. Director Department of Finance 1 Y - F a " Co�cil of rte. _rC ` Wi]3� sun r_ "t h •- 1 r Y h as 6' r Ar x k _ Sf - J y i - u Xi Loren , n :JJ ' �:.ci i - ERC rasbc► L - X =It 1 Y - F a " Co�cil of _ - reguLsr Cp ` Wi]3� sun r_ "t h •- ml.asion `a� r s'•- - YOti•� ShOil1� 4 .aocember3 / .1974 tt RAW 6' r Ar x k _ Sf - J y i - u Xi a: , n f 1 Y - �poititcoe�o " Co�cil of _ - reguLsr Cp ` Wi]3� sun r_ Ragar_R. Czarnecki •- ml.asion `a� r s'•- - YOti•� ShOil1� 4 .aocember3 / .1974 tt RAW r. , A H St t - J y i - •> 'f •f 7 1. , n f i - ERC rasbc► L - X 2 ;? } k , t Y !ka s t a ,Cys C EQfl8111 a that if ars:`ab�e to-i3*fcwa You of your a te=1 on the RirOnt Csgion. The._ City L°iaially;+4i+P this aPpoir►tm°nt - at its os�a?Jotiteeabei' 26• :1970, ` Your ,term of office l t' r to;sezwe-on the;R#.verfmnt _Cam- �«{i+n�sss tt tov�Crkitg with yon 'ia the :months ahead. 1 Y - - s fi _6 Ragar_R. Czarnecki 1�aayor; 4 .aocember3 / .1974 r. , A H St t - J y i - •> 'f •f 7 1. , n i s r a 1 L 2 ;? k , t Y !ka s EQfl8111 a that if ars:`ab�e to-i3*fcwa You of your a te=1 on the RirOnt Csgion. The._ City L°iaially;+4i+P this aPpoir►tm°nt - at its os�a?Jotiteeabei' 26• :1970, ` Your ,term of office to;sezwe-on the;R#.verfmnt _Cam- �«{i+n�sss tt tov�Crkitg with yon 'ia the :months ahead. a�gnGke ,ot informatf; n about the duties of ' iii tlxei4susi `future.�If TOW -have any ,.. oa C ty W dffice or:the AMR" ;.Ssnagor', vat - e meal= frees to.:Call me/ 1 Y - - `since elp _6 Ragar_R. Czarnecki 1�aayor; =, t i $5 , n i tt L 2 ;? k , t Y !ka s ya � ,♦ \ * - Yt p 'i-�'.i r T ss � { 4�, * # i s-� �> icmber 3, =7374 V ti r h lo � L Y Y k IO'sra `-Vora 52340 `- f_City, Dear Mr. Plumb: E "' . - =wry �- � ': 3 Via.'. }i � "'1•?' c�' x,�c.Fl Y: h x Et is idth ri reat gl@aeswce tbat� Y i _ alipaiiati yt�o a 3-pe+s%tesxiou�tha' ::Coastsil;a! ~IoMa�City�o`fiiCiaiilyt app�ov� regular,Cfouua3l �+atiY►g:^oi� 2aDVadber-�76 =wi11 •xurt tz+bse` Dumber 1�3 1974,E W4Dec CV6 OA th® rtiverfmnt Com— ;:Ha appi�eaiata your . �lti►gn@ss oto, - .; yaiss3on zuut; �.eoi4��loraaYci to ,iror�.ii�ec,�%Ml;� _ Yon ahonld be•reeeivint a b!'in 9 P �- _ the xivnrtslmt C�QmrciaYiOII is tha" near - T naaas+rared ;`q+sdatioris gl+ase call C 8the CtL9iYL43A O��t2t@ RLVeI"rOnt"CORIit�9iQ1►.1 1 -i $S NF71i�b �.�a.T.`CaA,� O�,d88i�tatlpAi;'`..f , 1 incnrely, - ',� r f S y: t � dgar'R. Czsrnsaki . oyer: . S l� 9 . - yY f.v •4 ' � r _L.. � f .f 02 t ( 1 icmber 3, =7374 V ti r h lo \ Y 14 i - - ible to inform you of your: h front:Ccvmdasiow ;,The City this, appoiixtimeat at ita ,. " Your ,,term of office ^974. CV6 OA th® rtiverfmnt Com— a(ou iz: the s<ionthsahead:_° X- eationtabout the duties of nre. =Zf you. navu,., any �- _ Manager s office or the. e8fle @el @@ t0 Call me, 1 c , 1 incnrely, - ',� r f t dgar'R. Czsrnsaki . oyer: . S l� 9 . - yY f.v �y S _L.. � f .f 02 RESOLUTION N0. 7-4 5 Z 9 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Iowa City International Association of Fire Fighters Local 610 , a copy of said contract being attached AFL-CIO 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 Iowa City International Association to execute the Agreement with of Fire Fighters Local 610 AFL-CIO . 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by deProsse and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1, z Passed and approved this Brandt Czarnecki Davidsen deProsse White Brandt that 26th day of November , i9 74 i ATTEST: 1`G� ✓J-GC�_C. City -Clerk - 9 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 610 AFL-CIO i ABBIv STOLFUS CITY CLERK TABLE OF CONTENTS Preamble.............................................. .............. 1 APPENDIX A 1 I. Recognition ................ ......... .......................•--•-•-.... 2 II. Managements Rights .................................................... 2 III. Dues Check -Off ................................... 3 IV. Grievance Procedure ............................... .............. V. Grievances Against The Union ......................... VI. Holidays ........................................ VII. Vacation ................... .................... -........ 6 VIII. Sick Leave-•• ............................................. IX. On -The -Job Injury Leave ........................... X. Special Leaves ................... ................. XI. Retention Time ................................... XII. Minimal Call -In Time .... XIII. Insurance .......... ............. 9 XIV. Food Allowance ......... ......... .------------- 9 XV. Pay Plan.............................................................. Procedures for Future Negotiations .......... ........ XVI. Pules and XVII. Duration of Agreement ............................. XVIII. Savings Clause........................................................12 APPENDIX A • AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 610 AFL-CIO PREADIBLE 1/1/75 This Agreement is entered into by and between the City of Iowa City, Iowa, hereinafter referred to as the Employer, "City or Management", and Local 610 of the International Association of Fire Fighters, hereinafter referred to as the Union. The Employer and the Union recognize their responsibilities under Federal, State, and local laws relating to fair employment practices and appropriate labor legislation; and reaffirm their commitment to the moral principles involved in the area of civil rights. The parties agree that there shall be no discrimination because of race, creed, sex, color, age, nationality, or political beliefs, or for participation in or affil- iation with any labor organization. The City and the Union agree that the provisions of this Agreement shall apply to all employees covered by the Agreement without dis- crimination. The purpose of this Agreement is to set forth terms and conditions of employment, and to promote harmonious, orderly, and peaceful labor relations for the mutual interest of the Employer, the Union, and the citizens of Iowa City. The Employer and the Union encourage to the fullest degree friendly and coop- erative relations between their respective representatives. The parties recognize that the interest of the community and job security of the employees depend on the Employer's success in establishing and maintaining effi- cient, expeditious public services to the community. I. RECOGNITION The Employer recognizes the International Association of Fire Fighters, Local 610, as the exclusive representative of permanent City Fire Department employees, including the Firefighters, Fire Lieutenants and Fire Captains and excluding the Fire Chief, Fire Marshall, Fire Training Officer, Battalion Chiefs, and clerical employees, for the purposes of resolving differences, establishing rates of pay, hours of work, and other conditions of employment. The Employer agrees to consult with the Union concerning matters effecting tire working conditions of its members to the extent that such conferences do not set forth in this Agreement. The Employer agrees not to encourage, aid, or finance any other labor group or organization which purports. to engage in collective bargaining or make any con- current agreements with individuals, groups, or organizations for the purposes of undermining the recognized Union during the life of this contract. II. MANAGEMENT RIGHTS The parties to this Agreement recognize that specific areas of responsibility must be reserved to Management if the public service mission of the City is to function effectively. Unless specifically modified by any subsection of this contrac- tual Agreement, Management reserves the right to: A. Determine the nature, scope, and definition of the City organization including: classification, pay scale relationships, selection, number, retention, promotion, reorganization, transfer, deployment, assignment, lay-off, recall, and scheduling. of employees; B. Determine the methods, means, tools and equipment, and personnel by which operations are to be conducted, including the right to contract and sub- contract existing and future work; C. Direct employees; D. Discipline, suspend, demote, and/or discharge employees in accordance with established procedures for just cause. Disciplinary actions or measures may include one or more, or all of, the following in order: oral reprimand, written reprimand, suspension, demotion, or discharge; E. P.equire when necessary, that employees take in-service training either on or off duty hours, with pay; F. Take the necessary measures to maintain efficiency in operations; G. Determine the necessity of overtime; the amount of overtime required, the nature of overtime (compensatory or paid), and when compensatory time shall be taken; H. Determine the scope, priority, and amount of budget allocations. All rights and responsibilities of Management not specifically modified by this Agreement shall remain the function of Management; and the provisions of this Agree- ment may be suspended by the City Council for the duration of a declared emergency. IiI. DUES CHECK -OFF The Employer agrees to deduct the Union membership fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check -off monies will be deducted from the first paycheck of each month and shall be remitted together with an itemized statement to the Union Treasurer, within 10 days after the deductions have been made. An employee shall cease to be subject to check -off deductions beginning with the month immediately following the month in which the employee is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the authorization for check -off deductions upon written notice to the Employer and the Union. The cancellation will become effective one month immediately subsequent to the request for such cancellation. The Union will protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV- GRIEVANCE PROCEDURE Grievances shall be defined as any dispute regarding the meaning, interpre- tation, application, or alleged violations of the terms and provisions of this Agreement. It shall be the policy of the City and the Union, insofar as possible, to prevent the occurrence of grievances and to deal promptly with those which occur. A. Procedures: 1. A written grievance must be taken to the Battalion Chief within nine (9) calendar days following the occurrence of the problem by the employee. If possible, the grievance should be settled at this level through discussions with involved parties within three (3) calendar days following the knowledge of the grievance by the Battalion Chief. The employee may choose to be represented by a representative of the Union at this step if the Union so agrees. 2. In the event Step 1 does not resolve the situation, the employee and/or Union representative may forward the grievance in writing to the Fire Chief within three (3) calendar days following Step 1. The written documentation must include specific circumstances and state the remedial action requested. The Fire Chief shall further investigate and document the matter, and render a decision in writing within (3) working days of the receipt of the request. 3. A grievance not settled at Step 2 shall be submitted to the City manager within three (3) calendar days of the date of the receipt of the -4 - Fire Chief's written reply. The City Manager shall respond within five (5) working days. .Within nine (9) days after the City Manager's reply, if necessary, either party may request mediation through the Federal Media- tion and Conciliation Service to facilitate resolution of a problem. Both Parties agree to insure that topics and/or individuals discussed are to be held in absolute confidence and that no disclosure will be made unless announcements are mutually agreed upon. 4. Grievances not settled in Step 3 of the Grievance Procedure shall be submitted to -third party neutral advisement in the form of binding final -offer arbitration as a final recourse. A request for artibration must be submitted by written notice to the other party within fifteen (15) days following impasse at Step 3. Expenses for arbitration shall be borne equally by both parties. The arbitration proceeding shall be conducted by an arbitrator to be selected by the Employer and the Union within seven (7) days after notice has been given. If t)e parties fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either or both parties to provide a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties. The arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. The rules of conduct under which the arbitrator shall administer acti- vities shall be pursuant to relevant state statutes (Senate File 531) as may be modified by the Public Employee Relations Board, any subsequent legis- lation, or any court decisions pertaining thereto. Any grievance not appealed from a decision in one of the steps of the Grievance Procedure, to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time li=its may be extended or advanced by mutual agreement of the parties. If the employer is not able to respond to a grievance within the prescribed time limits, up to and including Step 2, the grievance shall automatically progress to the next step of the procedure. In the event Management feels the Union has violated the terms and provisions of this Agreement, Management.shall have the right to file a grievance against the Union in the form of an unfair labor practice through the Public Employee Relations Board. Management shall notify the Union nine (9) days prior to such action. VI. HOLIDAYS - COMPENSATION Since the nature of fire protection necessitates that firefighters on a continuous shift work on holidays which are enjoyed by other City employees, and the normal weekly hours of work are approximately 403 greater (56 versus 40 hours) than those of other City emoloyees, Holiday time compensation shall be computed as follows: 88 hours (eleven days a year) X 1.40 123.20 or 123 hours a year Holidays the City recognizes are as follows: 1. The first day of January (New Year's Day). 2. The third Monday of February (Washington's Birthday). 3. The last Monday in May (Memorial Day). 4. The fourth day of July (Independence Day). 5. The first Monday of September (Labor Day). 6. The fourth Monday in October (Veteran's Day). 7. The fourth Thursday in November (Thanksgiving Day). 8. The day after Thanksgiving. 9. The twenty-fifth day of December (Christmas Day). 10. One Personal Leave Day. Employees, with the approval of the Department Head, shall also choose the day before or after Christmas, or the day before or after New Years Day as an additional holiday. If the employee wishes a different day between Christmas and New Years, he/she may select it with the approval of the Department Head. VII. VACATIONS Accumulations. Length of Service 0 - 5 years 5 - 10 years 10 - 20 years Vacation for Fire employees on continuous schedule: Hours Earned Maximum Per Pay Per Year Annual Carry-over 6 144 256 hours (maximum eligible for payment upon separation 7.5 180 calculated on a prorated hourly basis) 9 216 20 + years 10.5 252 VIII. SICK LEAVE Firefighters on a continuous shift shall earn six hours of sick leave per pay period and have the right to accumulate a maximum 2,160 hours (90 duty shifts). The City will compensate the employee for fifty (50) per cent of all accrued sick leave upon termination, provided the employee has served more than one continuous year. IX. ON--THE-JOB INJURY LEAVE In the event a permanent full-time employee is injured or disabled on the job, and if the injury or illness is deemed compensable pursuant to City of Iowa City Fire Pension Board regulations, or any related legislation, and if the City's medical advisor determines that time off from work is required, no deductions shall be made from the employee's sick leave or vacation accumulations for a period not to exceed two (2) full working shifts plus the time remaining in the shift on which she/he was injured. If the disabled employee requires more than the two (2) work shift period in which to recuperate and return to work, the employee may be subject to normal sick leave and, if necessary, the leave of absence provisions until such time as a tempor- ary pension is determined by the Fire Pension Board. X. SPECIAL LEAVES A. Funerals. Employees will be granted up to three days leave per incident with no loss of compensation nor loss of accrual from Sick, Annual nor Compensatory time to attend the funeral of his or her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle, brother- in-law, sister-in-law, habitual member of the immediate household permanently having resided under the same roof, or for a military funeral in which such employee is an official participant. If additional time is needed sick leave may be used to maximum of three days with the Department Head's approval. B. Leaves of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the employee's Department Head and approved by the City Manager. Such leave shall not extend beyond twelve months, but may be extended with the written approval of the City Manager. With the exception of maternity and military leaves, the fact that such a leave is possible does not mean that the requested leave must be granted. A Leave of Absence deprives the employees department of the services of an employee, who it is assumed is needed if the department is to properly do its job. Leaves of Absences Without Pay, except in the case of disciplinary leaves, should be considered as a privilege and the best interests of the department and the City service must be the determining factors in whether such leaves are granted or not. When an employee is granted a Leave of Absence Without Pay, the Department Head commits himself/herself to allowing the employee to return to work at the end of the leave to the same duties that the employee was performing when he/she went on leave. The Employee will return to the same step within the pay range that he/she was on at the time of commencement of the unpaid leave. The pay range to which the employee returns will be that prevailing at the time of return to work for the employee's position within the current classification. Any substitutes hired to fill in for employees on Leaves of Absence Without pay, should be hired accordingly. When granted a Leave of Absence Without Pay, the employee commits himself to returning to work at the end of the Leave. Failure to contact the Department Head or the Personnel Director at the end of the leave shall be grounds for labeling the separation from City service a dismissal. During a leave of absence without pay, the employee: a. Does not receive pay from the City. b. Does not earn Vacation nor Sick leave. C. Must utilize all accumulated vacation and compensatory leaves until they expire, except in case of disciplinary action when such leaves may not be used to offset the action. d. Has no time deducted from Sick leave, except in cases of on the job injury or other incapacitation, in which case Sick leave may be used until accruals are exhausted. e. Cannot pay retirement contributions if the leave exceeds one month in duration. f. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll. g. Must pay premiums for coverage under the group life insurance plan. h_ Shall not receive any other benefits during the period of absence. C: Voting Time. If an employee is required andin fact works during hours that would make it impossible to vote in National, State, or local elections, sufficient time to vote will be provided for this purpose. D. Military Leave. All officials and employees of the City, other than temporary employees, who are members of the National Guard, organized reserves, or any component part of tt:e military, authority to active state or federal service, be entitled to a leave of absence from such civil employment for the period of such acting state or federal service without loss of status or seniority and without loss of pay during the first 30 days of such leave of absence. The City Manager may make a temporary appointment to fill any vacancy created by such leave of absence. Employees who have been in the Armed Services under military leave from the City, shall upon reinstatement to City employment maintain the original employment date for purpose of calculating seniority and eligibility for salary adjustment consideration, the same as though the time spent in the military service had been spent in employment for the City, providing that such employee has received an honorable separation from the Armed Service. XI. RETENTION TIME Employees who are required to work either in excess of their normal twenty- four (24) hour duty shift or 240 hours in a 28 day period, shall be granted com- pensation equal to one and one-half times the number of hours worked. The City Manager shall review and approve all assigned overtime, and payment for overtime shall be made on the next paycheck provided the conditions of service make it impractical to grant compensatory time off. Compensatory time shall be taken at such time as the Fire Chief shall determine it will not impair the func- tions of the Department; and all compensatory time shall be used within the same pay period it is earned. Overtime shall be compensated at one and one-half times the amount of time worked. Overtime (that time in excess of normal work time) shall be recognized as that defined by the Fair Labor Standards Act as it pertains to firefighters. XII_ MINIMAL CALL-IN TIME An employee who has left his or her normal place of work for their resi- dence and is called back to work, shall be credited a minimum of two and one-half (2'1) hours at the overtime rate, provided the employee has completed a normally scheduled and assigned duty shift. It is understood that time actually worked in excess of the first two and one-half (2�) hours will be added to the minimum provided under this section. XIII. INSURANCE The Employer shall subscribe (at the employee's option) to a health care insurance policy with major medical benefits for the employee on either a single or family -plan pursuant to relevant policy procedures. The above medical insurance is to be provided at no cost to full-time permanent employees and.will be provided on a prorated basis to less than full-time permanent employees. The Employer shall also subscribe to a life insurance policy for the employee to the next greater even thousand dollar amount over their annual salary. XIV. FOOD ALLOWANCE Fire Department employees shall be compensated $25.00 per month as a food allowance. XV. PAY PLAN A. The classified positions and the pay ranges for all employees in the bargaining unit affected by this Agreement are attached as Appendix A. This classification and pay range will be moved upward five (5) per cent on January 1, 1976, and each employee will be moved on a step for step basis. B. It is agreed that beginning July 1, 1975, the City's compensation plan will pro- vide a method by which the overall salary structure will remain current with changing economic conditions that affect the income and wages of employees. This method will involve a cost of living adjustment that will be made to the salary plan in total. On July 1, 1975, the cost of living adjustment will be made to the classification and pay range plan attached as Appendix A and each step and each employee will benefit by the adjustment. A subsequent adjustment will be made on July 1, 1976. The cost of living adjustment will be carried out by using a three year moving average of the annual percentage change in the consumer price index of the Cedar Rapids - Iowa City metropolitan area. The three year moving average adjustment will be made to the compensation plan on an annual basis at the start of each new budget year on July 1st. The actual adjustment will be determined at the end of the previous calendar year. The three year moving average of the annual percentage change in the consumer price index for the Cedar Rapids - Iowa City metropolitan area will be applied as an adjustment to the mid -point of each salary range. The resulting dollar amount will be then added to each step in the range. Each salary range would remain approximately 25% to 27% in length between minimum and maximum salaries. Both parties to this Agreement recognize that certain rules and procedures will. be required for future negotiations. A. Negotiating Teams The City and the Union shall each be entitled to a negotiating team of five (5) members at each session. The five members selected shall constitute the negotiations team; however, subtitutions and or changes can be made in the membership thereof with twenty-four hours notice. No team is required to have its five members at each session. For all sessions held during working hours, all Union members employed by the City shall have time off subject to availability as determined by their supervisor, but said time off should not be withheld unreasonably. One (1) City employee member on the Union team shall receive regular wages at each session held during working hours, the one (1) to be selected by the union team at the beginning of each session. B. Chief Negotiator Each of the parties shall have a Chief Negotiator for their team. Said Chief Negotiator so designated shall be in charge of each of the negotiating teams and shall be responsible for the conduct of the negotiations of his team as well as any statement or recommendations or reports and/or news releases of any matters discussed in the negotiations. No other member of either negotiating team may make any statement, recommendations, or reports or disclosures of any matters discussed in the negotiations. No substitution may be made for the Chief Negotiator without one weeks notice in writing and upon substitution all negotiations shall cease during the notice period of one week until the new Chief Negotiator shall become qualified. C. Executive Sessions It is understood and agreed by the parties that the negotiating process is a difficult process and subject to all matter of complications which may arise during the negotiating sessions, and that to hold the nego- tiating sessions in public or to allow access to the sessions by the public or the news media can and would inhibit, prolong and damage the. negotiating process. It is further understood that any negotiations that are reached by the negotiating team are only recommendations which must be approved by the City Council of Iowa City on behalf of the City and the Union members on behalf of the Union. At such time there will be a nances, rules or resolutions and the public and the Union members will have full opportunity to consider the results of the work of the negotiating teams. It is therefore agreed that all negotiating sessions shall be in executive session and that no one except the negotiating teams, and one pt�rsoh for each team to take notes, shall be in the sessions. The parties, however, may jointly agree to allow additional persons to attend any session to act as a mediator if the parties desire. All sessions will be held at mutually convenient times to both the Union and the Management representatives. D. Proposals The parties agree to prepare written proposals as to the items they wish to negotiate. Such proposals shall be in writing and delivered to the other side at the first meeting. Additional proposals involving different. subject matters than the original proposals may be submitted at any time during the negotiating process. It is the intent of the proposals submission to assist the parties in the negotiating process by enabling each party to know generally of the other parties interests so that the parties in the negotiating team may determine the areas of the agreement and disagreement and be prepared to provide information of areas of disagreement which may help resolve same. E. Impasse Procedure At the conclusion of negotiations, if there remain items of impasse (non -agreement) either party may request mediation through the Federal Mediation and Conciliation Service. If mediation fails.to resolve items of impasse, such items may be submitted to third party neutral advisement in the form of fact finding as the first step. If fact finding fails to resolve items of impasse both the Union and the Employer shall report back to their governing bodies on the items of impasse. Within fifteen (15) days after fact finding either the Union or the Employer may petition the other by written notice requesting arbitration for those items of impasse. Such arbitration shall involve binding final - offer arbitration as the final recourse in addition to the recommendations of the fact -finder. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Union and the Employer within seven days after notice has been given. If the Union and the Employer fail to select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by either party, • -12- or both parties, to provide a panel of five arbitrators. Both the Union and the Employer shall have the right to scratch two names from the panel. The p:arty requesting arbitration shall strike the first name; the other party shall then strike one name. The process shall be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue his/her decision within thirty (30) days after the conclusion of testi- mony and agreement. The rules of conduct under which the arbitrator shall administer activities shall be pursuant to relevant state statutes (Senate File 531) as may be modified by the Public Employee Relations Board, any subsequent legislation, as any Court decisions pertaining thereto. Expenses for fact finding and/or arbitration shall be borne equally by both parties. XVII. DURATION OF AGREEMENT This Agreement shall be in effect for a period of two and one-half calendar years beginning on January 1, 1975, and ending on June 30, 1977. On or before October 1, 1976, the parties to this Agreement shall arrange mutually convenient meetings for the purpose of consumating a new Agreement which shall become effec- tive on July 1, 1977. XVIII. SAVINGS CLAUSE Should any provision of this Agreement be held unlawful by a court or adminis- trative agency of competent jurisdiction, all other provisions of this Agreement shall remain in force for the duration of the Agreement. This Agreement is subject to all Federal, State, and local laws; provided that should any change be made in any of these laws which would be applicable and contrary to any provision contained herein, such Provisions shall automatically be terminated. If replacement provisions are deemed necessary by Management or the Union they shall be negotiated immediately. Title APPENDIX A City of Iowa City Pay Plan 6 -Month Annual Review Review .A B C D Firefighter.............................$676 $710 $746 $782 Fire Lieutenant........ .............................. ......... $862 Fire Captain ................ $950 F F $822 $862 $906 $950 $998 $1048 The City government is responsible to the citizens to provide the best possible service for the community in the most efficient and economical manner. The Pay Plan for its employees reflects that responsibility in that it is designed to justly compensate those employees whose performance best serves the governments overall mission. Thus the City's Pay Plan is based on the principle of merit and performance. In the salary plan for this contract most position classifications include a salary range which is divided into six salary steps each approximately five (5) per- cent apart. The salary range is approximately 263 in length between the first step and the last step. The steps in themselves serve as indices to the employee and employer of the normal salary increment available should the employees performance merit a salary increase. Performance evaluations are mandatory every six months for employees on steps A and B, and every twelve months from step C through step F. Satisfactory performance would merit normal progression through all of the steps in each salary range in a four year period. For purposes of this agreement, and specifically to implement the above pay plan, Management agrees to the following: 1. Merit increases shall be guaranteed to all those employees eligible on January 1, 1975. 2- Merit increases shall be guaranteed to all those eligible on July 1, 1975. 3. Subsequent merit increases shall be granted based upon per- formance. This Agreement shall be binding on the parties, their successors and assigns and shall be approved by the appropriate governing bodies that have the authority to bind the respective parties to this Agreement and the undersigned hereby represents that they have the authority to sign this Agreement and it has been approved by the governing bodies of the parties. CITY OF IOWA CITY, IOWA ATTEST: City Clerk THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, Local 610 �1 C, G H Cr O Y �y l0 O O V G G LA -n rt n rrO ppps� rt O 0 H O G r- < `< 'rf Da w r �• � A C/1 H CD O O o W N r CD 0 � C') y CD`G H CDD H n < w C+ r• CD N N to V A z o O <D < b fD W E9 K o• rt (D 9 H (D N O O C+ O l0 T1 � r• A � 7 A (D fA 4A b9 � b9 00 O . I-. 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CD A tll O O O .-, C ::j r+ Op WOw 00 A O A I I I AAr+ MI a I O D O I w w�0 O v H p O O O 4�s fes-• Ot N l0 l0 O tD tD U) •-C tD 00 N V tD N p r r co O p V r• r. V W tJD ~ r r tD r O tD tD N W Ot N I I 1 7' I O O O t1i O oC) O O O rl) CD O O Cl v zo O CD < 'd 1649, W tD Ot N t q C CD tH+ A W 00 tD V O O O O C H H CD N W r W V W A O V` .D �• N rt ID V N I 1 N O O :11 I I CD Ln O O O N u u FN.. tD ul A r A f�+ 4 yw cn w 430 n CD V O O 00 O p W tN W W n O O O O I I I i 11 I 00 O C7%O` N 00 00 O tD tD 6.WNA. iss � I t,j OVtp W [Ln 4 owp rtrn V to V W wF N OOO, I I.64 , I O,Or ZA4 WW W t0 tJt O A `.J r+7' Cn N tn tn K = n = C rt rt n-+ o G ::r n rt i- HI cyn GAG N G» rt O N < < to M r• 0 0 G. rN+ t$ m ° w w 0 w r r+ w .- n N -3 (A G n H Owm to -t O n I a r+ V H. H. A r+ C) H. CD O N O MAYOR EDGAR CZARNECKI COUNCKMEMSERS C.L 1+- BRANDT PENNY DAVIDSEN CAROL d.PROSSE J. PATRICK WMTE C/ v v DENNIS KRAFT. ACTING CITY MANAGER November 25, 1974 TO: whom It May Concern FROM: Dennis R. Kraft, Acting City Manager RE: Zoning Actions Concerning Urban Renewal Properties The Urban Renewal Land Use Plan proposes that the area bounded on the east and west by Gilbert and Madison Streets, and on the north and south by Burlington and Court Streets, are to be rezoned to CBS classification. The Planning and Zoning Commission on October 11, 1973, recommended by a 5-0 vote that the parcels within this desig- nated area be rezoned to a Central Business Service (CBS) Zone. The City Council on November 5, 1974, set a public hearing to beheld in the City Council Chambers on December 10, 1974, for the purpose of receiving comments with respect to this rezoning. It is antici- pated that the zoning actions recommended by the Planning and Zoning Commission will be finalized by the City Council at the time of the third reading of the ordinance rezoning these parcels in accordance with the Urban Renewal Plan. Parcel 103-3 and the adjacent parking lot to the north (agreed by the City Council to sell to Old Capitol Associates as part of the proposed Housing for the Elderly development should Old Capitol Assoc- iates be named the successful bidder) would be included in this area to be rezoned CBS. The City Council will hold a public hearing on November 26, 1974, on an amendment to the Zoning Ordinance to allow high-rise provisions of the Ordinance to apply to the CBS Zone. The Planning and Zoning Commission on October 24, 1974, voted 6-0 to recommend that the amend- ment be made. It is anticipated that this amendment will be adopted by the City Council. TO V RO\I Elmer Smith, Regional. Administrator, Kansas City Regional Office, 7S Guy J. Birch, Omaha Area Office, 7.2S sUDJEcT: Chronology of Major Events, Iowa City, DATE: IN REPLY REF .`V'I)0f J ��J,'•I 7.2PHE Iowa, Environmental Impact Statenient� November, 1964 - City submits survey and planning application for R-14 to Chicago Regional Office. .fay, 1965 - NUD office approves S &.P Grant in amount of $318,053. March, 1967 - Loan and Grant application filed. September., 1967 - Injunction issued as result of "conflict of interest" suit. Suit was filed by 21 business men, went to Supreme Court and was upheld-- StaLe Le;l ].e tion corrected this problem. April, 1969 - State Legislation resolved conflict of interest problem. January, 1970 - National Environmental Protection Act became law. iL-y, 1970 - HUD approves R-14 grant of $9,538,605. (Numerous public hearings were held prior and subsequent to this date, as required, to discuss the renewal projact). For a year after approval, the City concentrated on updating the planninj and survey work, the timeliness of which had lapsed due to the long delay in obtaining approval (due primarily to the "conflict of interest" suit). August, 1970 - Project transferred from Chicago to Omaha Area Office. April, 1971 - A Project Area Committee composed of students, businessmen, and residents was formed. August, 1971 - Lard acquisition begins. Land disposition efforts between this data and tai_d-1973 werealmost witi:out exception unsuccessful, but there were i.Ii,]ications success could be attained it marketing on a parcel -by -parcel basis was stop.?d, and a more comprehensive m:.irketing proposal sought. September 71, 1971 - Inquiry frcr. Citizens for Environmental Action regarding impact of project received by HUD. HUD's response to thi-, and subsequent inquiries until. mid -1973 was that: no EIS appeared necessary under existing guidelines but that CEA comments would be sou,^,ht if one was prepared. 2 for April 11, 1972 - Public referendum held ro aCegeneral satisfyisomeoofbanticipated financing of a parking ramp. p proposed bCity toY parking demand resulting from project's elimination of off-street parking lots and on -street spaces. Proposal defeated by wide margin. May 16, 1972 - City Council selects alternate means of financing ramp which requires no referendum --revenue bond method of financing was selected. September 13, 1972 - Suit filed (by three individuals associated with environmental groups) to halt construction of ramp on basis of financing proposed by City. The Revenue Bond method of financing was(upheld�by Local Court butCoverturne,Lk, by Supreme Court. eve I-T%>r , September 25, 1972 - suite filed questioning appraisal practices. The Nall Motors filed suit because of the riew State appraisal law used by the City. February 22, 1973 - City appraisal practices upheld by U.S. Federal Court; are now before U.S. Court of Appeals. March 23, 1973 - FLUD meets with City to request a plan to resolve apparent financial problems: 1. Parking facilities, an essential non-cash element, did not appear likely to be built in near.future.as there was strong opposition to a ramp; project land use considerations made it difficult to justify other parking modes, many people appeared to want no kind of parking provided, and continued opposition through the courts seemed likely. 2. .Costs of hnd acquisition, improvements, and other activities had skyrocketed and the City had indicated a need for millions in additional funds. There was no additional money available for cities as far from closeout as Iowa City (1976). After considerable discussion, the City proposed to submit, in the form of a no -grant -increase amendatory, a revised financing plan which would drop many parcels from acquisition, shift most site improvement financing to the City as non-cash, and provide a legal opinion indicating that parking ramp construction was legal and possible. ;toy, 1973 - College Block Building nominated to National Register. June 18, 1973 - Area Office Director instructs preparation of EIS. July 18, 1973 - City starts bid procedures for major redeveloper. July 23, 1973 - College Block Building placed in National Register. 3 August 8, 1973 - Finance amendatory submitted as per march discussions. August 10, 1973 - Draft EIS published and comments solicited. October 18, 1973 - Old Capitol submitted redevelopment proposal (no other bids received) which meshes with renewal plan. Although the proposal included a request for two city parking ramps to replace spaces lost to ufban renewal demolition and provided for an increase in business in tfeweroject area, it proposed closing most streets in the project, providing ces than would regularly be built in such an area, and emphasizing in other ways the City's Mass Transit System. Theial validity, was checked by HUD and the City for concurrence with plan, ance November by certain old Capitol iRedevelopme t officialsifiledawith iConflict rest HUDandreferrednto Inspector General. January 10, 1974 - Final EIS published. February 14, 1974 - Injunction requested by environmental groups on basis that EIS not adequate. March 28,1974 - Referendum held on financing most project improvements lj.stel as non -cash --defeated. The City financed the Street Improvements by Road Use Tax monies and gendral obligation bonds that did not require a referendum. April 4, 1974 - HUD sends telegram to City instructing nttoi cur costs in excet filling for administration as result of referendum defeat, general non-cash obligations, and HUD concern that without parking project was infeasible. April 18, 1974 - Relocation amendatory submitted to cover increased relocation costs overcrowding of area units by University students. resulting from unforeseen May 21, 1974 - Relocation amendatory approved ($443,228). ` June 12, 1974 - City submits request for 120 units public housing for elderly in project area (need for such housing clearly established long before, but previous application caught in freeze). July 19, 1974 - Financial amendatory (submitted August 1973) approved --no increase in grant. Its approval was based on City assurance that adequate park.in� would and could be provided and certification of sufficient non-cash credits without parking facilities. Order not to incur costs was simultaneously voided. July 29, 1974 - HUD approves 62 unit project for elderly in project area (bids for development due end of November). 4 September 3, 1974 - Inspector General 'Conflict of Interest' investigation closed -- no conflict found, thus clearing way for approval of Old Capitol contract. October 31, 1974 - 8th Circuit Court of Appeals renders decision on contesting EIS -- finds Statement adequate. November 4, 1974 - HUD approves sale of 15 parcels to Old Capitol Associates (a 'joint -venture edeveloper). Area Director Enclosure: Chronology of Inquiries from Citizens, HUD Responses, and Copies of Correspondence thereto I CHRONOLOGY OF INQUIRIES FROM CITIZENS IN•IOWA CITY IOWA: April 159 1974 - Letter signed by Anne Autor and four other representatives of various citizen groups in Iowa City addressed to Mr. Meeker in Washington, D.C., requesting adjudication of problems connected with the R-14 urban renewal project. May 1, 1974 - Copy of William 0. Anderson''s letter to Ms. Autor advising that responsibility lies with the Omaha Area Office. June 7, 1974 - Letter to its. Autor from Mr. Birch offering to meet with representatives of the citizen groups to discuss issues. June 10, 1974 - Letter from City Manager requesting copy of April 15 letter. June 12, 1974 - Letter from Ms. Autor and representatives of other citizen groups acknowledging June 7 letter and requesting we advise date of meeting. June 219 1974 - Letter from Mayor Czarnecki of Iowa City to Mr. Meeker summarizing issues and extending invitation that he attend the meeting, as well as representatives from Kansas City and Omaha. JUllt' 28, 1974 - Letter to ,is. Autor from firs. Stafford advising that Larry Heeren would meet with them in Iowa City on July 24. July 5, 1974 - Memo to file from Larry Heeren regarding phone call he received from Bill Alley advising of Mayor Czarnecki's letter to Washington. July 10, 1974 - Letter to Mayor Czarnecki from Mr. Meeker declining invitation to attend meeting. July 11, 1974 - Newspaper clipping from "Iowa City Press Citizen" concerning credibility in government. July 15, 1974 - Press release concerning Old Capitol Associates and proposed meeting on July 24. July 16, 1974 - Letter to Mrs. Stafford from its. Autor following phone conversations between them requesting that a subsequent meeting be held with either Mr. Birch or Mrs. Stafford in attendance. July 19, 1974 - Routing slip from Mrs: Stafford advising that the proposed July 24 meeting will be delayed per its. Autor's request. i August 6, 1974 - Letter to Ms. Caroline Embree advising that meeting date of September 11 as suggested.by Ms. Autor was not possible, and that Larry Heeren would contact her to discuss alternate date. September 4, 1974 - Letter from Mayor Czarnecki to Eldier Smith following discussion wherein Mr. Smith had agrded to meet with the citizen groups in Iowa City. September 19, 1974 - Letter to Ms. Autor from Mrs. Stafford advising that the meeting between the citizen groups, the City, and HUD would take place in Iowa City in mid-October. October 17, 1974 - Letter to Mr. Smith from Ms. Catherine Chambers preliminary to Mr. Smith's meeting with the citizens. HUD Area Office comment: Lack of a bus terminal may be a valid concern; however, this is an ineligible cost from Federal Urban Renewal funds. Bus shelters are eligible if incorporated into the Urban Renewal Plan. The suggestion for a Farmers Market may also have merit. With sufficient support perhaps an area for that purpose could be explored south of the existing Urban Renewal area. October 18, 1974 - Mr. Smith met with concerned citizens in Iowa City. Statement from members of the community to Mr. Smith attached. i WEDNESDAY, -NOVEMBER ,13, 1974 WASHINGTON, D.C. -VES Volume 39 •Number 220 :� T- PART 111 4 mn & DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Assistant Secretary for Community! Planning ancd Development Community! Development Block Grants Title 24—Housing and Urban Development for grants; a 'clarillcotlon- of the hold" In Subpart F. Grant Administration, CHAPTER V—OFFICE OF ASSISTANT SEC- harinlesa;'regulations; and a change in languago has been added permitting Lhe the elements crequired ;to qualify . an, applicant to designate one or more pub- RETARY FOR COMMUNITY PLANNING urban county forientitlement funde.by lie agencies to undertake a Community AND DEVELOPMENT consideration: of the activities. Development Program in whole or In iDocket No. H.74-s92) permitting undertaken by designated agencies and part. Language on the release of funds PART 570—COMMUNITY DEVELOPMENT deleting wording concerning considers- has been clarified In 1570.504. BLOCK GRANTS tion, for eligibility determination, of ac- In response to several queries, in Notice on September 17, tivittes previously undertaken by the 1 570.506(c), the definition and handling to was given county. of program income has been revised at the 1974, at 39 FR 33482 that the Depart- Subpart C, Eligible Activities, now in- make it clear how different sources of l n Develop- meet of Housing and cludes publicly owned low rent housing income, including rehabilitation loan re- le of ment was proposing amend Title modernization, as an eligible activity. In payments, shall be treated. me Code of Federal Regulations add- Federal response to numerous comments, Ian- Audit requirements have been revised to Chapters Ing a new Part ha t guage clarifying the eligibility of contin- in 1 570.509, in response to comments to set forth The purpose of Part se pus rang model cities program activities was to require a local audit at least every regulations governing the use funds added. In 1 570.201, ' certain ineligible two years. - under Title i of the Housing and Com- Housing under g an activities are more clearly defined and Part "G, Other Program Requirements, Development Act Pub: libraries and nursing homes are added as has been renumbered, with language 93-383, which provides for a new pro- Ineligible activities. added with respect to complying with gram of community development block Subpart D. Applications for Entitle- the Hatch Act, the National Flood In- grants which begins on January 1, 1975. ment Grants, contains changes reflect- surance Program, the Clean Air Act, and These regulations deal with those inn a significant number of comments the Federal Water Pollution Control Act funds which under the new legislation on application submission and review re- requirements. In response to comments, are distributed by entitlements to titles quirements. Of particular concern to language was deleted from the relocation and other units of general local govern- local officials, planning agencies and requirements relating to the payment of ment on a needs formula or hold-harm- State governments, were the :require- relocation costs for assisted housing with less basis. The law directs that financial menta for complying with OMB Circtllar community development funds. ass)stanca be provided to communities . A-95. The language of 570.300(c) of the Part H, Loan Guarantees, contains with minimum delay, and establishes a < .1 regulations has been changed to encour- several significant changes. Applications Federal review process of not more than age A-95 clearinghouse comments to for loan guarantees must be submitted 75 days. The review standards assume HUD pertaining to the Statutory deter- at the time the applicant applies for en- approval of applications from entitle- minations to be made by HUD In re- titlement grants. ment cities unless findings to the con- 'viewing the application. In a 570.303(a) Sevemi objections and suggestions trary. as presented by the statute, can applicants are required to explain any were received concerning the language be specified by the Secretary. inconsistencies with area-wide plans. on.marketing of notes and interest rates. At a later date regulations will be pub- New language has been aded In 1570.- 1570.704 has been reserved for new Itshed which will deal with the distribu- 302(0 authorizing entitlement appll- language to be inserted at a later date tion and application process for discre- canta to incur costs to pian and prepare on this subject. In addition, revised Ian- tionary funds under this Title. In addi- : for the Implementation of eligible com- guage will be entered at a later date on tion, regulations will be published at a munity development activities beginning grants for taxable obligations. later date governing: grant close-out with the effective date of these regula- Subpart I, Financial Settlement of procedures: marketing of notes and in-, tions, with reimbursement dependent Urban Renewal Projects, has no changes. terest rates' grants for taxable obliga- upon the availability of appropriated Requirements for completion of renewal -tions; HUD administrative services for funds. The housing assistance plan re- projects prior to financial settlement will rehabilitation loans and grants; require- . qulirements described in 1570.303(c) , be entered at a later date. meats for completion of renewal projects have been simplified. Language has been Subpart J, Program Management, con- prior to financial settlement, and HUD added indicating that applicants shall tains re-numbered paragraphs and clari- reports. take HUD site and neighborhood stand- fication of performance standards on re- The Department has received more ards into consideration when describing location and equal opportunity. than 200 responses to the September 17, the general location of new construction The Assistant Secretary for Commu- 1974, publication. All of these comments or substantial rehabilitation for housing nity Planning and Development has were seriously considered .and many to be assisted by HUD. determined that the public interest would changes have been Incorporated In these Many comments were received with be best served by making these regula- regu lations as a result. The principal respect to the certifications called for tions effective immediately. This is con- changes are set forth below. in 1 570.303(e). Most of the suggestions sistent with the Act which directs that ' Subpart A. General Provisions, was indicated that HUD should prescribe financial assistance be provided to com- changed to add several new definitions more fully the procedures, process and mimities with minimum delay. Therefore, and language clarifying the scope and local structure for citizen participation deferral of the effective dato under 5 purposes of the program. 1 570.1 was in 1 570.303(e) (2) and in 1 570.900(d). U.S.C. 55-3(d) is waived and these reg- changed to reflect the continuation of Such comments were given careful con- ulations shall become effective upon the authority to make Section 312 re- sideration and rejected since the pro- publication in the FEDERAL RzolSTF.R. habilitation loans to August 22, 1975. The posed requirements would have imposed Accordingly, Title 24 is amended as "maintenance of effort" language, for- pon HUD the responsibility for speci- follows: merly contained in Subpart G, Other fying the manner in which, local general A new Part 570, Community Develop - program requirements, has been in- purpose government related to its citi- ment Block Grants is added to Chapter cluded in 1570.2. In response to various zens. This role was not considered ap- V to read as set forth hereinafter: comments, definitions were Inserted as propriste for BIID.' subpart A--General provl.lons follows: 'applicant:" chief executive of the total Language was added to 1 570.303(e) (5) sec.outer:""identifiablesegment 870.1 Applicability and scope. group of lower income persons In the have applicants comply with Federal Management Circulars 74-4 and 74-7 and 570.2 Objective and purpose of program. community:" "low and moderate Income OMB Circular No. A-95. 870.8 Definitions. families:" "lower income families;" "low Subpart B—Allocation and Distribution of Funds and moderate income Nelsons; and Section 570.306(b) (2) has been revised 570.100 General. "lower income persons." HUD deter- t0 delete language requiring the miumentls concerning g the Federal GeV- b70.101 Allocation between metropolitan and areas. Subpart B. Allocation and Distribution ertument's financial interest in existing rant amounts. 570.102 Basic grant amounts. of Funds, contains a new explanation of renewal projects as a condition to SP- 570.103 sold-barmleas grants. the effect of annexations on eligibility proval of an application. 570.1 o-1 Funds for discretionary grants. FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 FEDERAL REGISTER, VOL. 39, NO. 220 -WEDNESDAY, NOVEMBER 13, 1974 RULES'`AND REGULATIONS 901:17 Sea. sea. (2) The elimination of conditions &70.105 Qualification an urban county. 570.010 - Evaluntion by IiUD. which are detrimental to health, safety, 570.100 Qualification and submission dates. 570.011 >Becrotariat adjustment.. of annual and pUb11C welfare, through code Cl - 570.107 Reallocation of funds. granta. forcemeat, demolition, interim rehnbili- 570.10e Onset against entitlement. 570.912 Nou-dlaorlmination compliance. 570.913 Otter remedies for non-eompllance. tatton assistance, and related netivities; Subpart C --Eligible Activities - - (3) The Collser Vittion and 0\pnllslul1 1570.200 Eligible aativitlea. AtrroonrrY: Title I of the Housing and Lommunity Development Act of 1974 (Pub. of the NatloiVs housing stock in order 6701.1ni rl.ellglblo notlVIUM. L. 03-:103); and wa.' 7(d) Departnnmtt or W proVldo n drrent huhu• and n sullnblc Subpart O -Applications for Entitlement Grants Housing and Urbml Development Uepnrl- living enVironlnent for till persons, bid. raw:100 I'm.-nubminalone, ment, (42 U.B.C. 353D (it) I. principally those of low and nuulornlo 670.301 I; a).:1u2 Program year. Advance of funds and anthnrizatton Subpart A -General Provisions uP Income: 04) The expansion and hnprovenn•nt w Incur costa. § 570.1 ApplicuLilhy and scopr. of the quantity and quality of cool - 570.301 Applfcntion requirements. (a) The policies and procedures con- mmllty services, principally for persons 670.304 Prover of application requirements. tabled herein are applicable to the mak- of low and moderate Income, which are 570.606 670.300 Program amendments. HUDca review and approval d1 spoil- Ing of community development program essential for sound community v cation. block grants and )can guarantees oil b(:- ment and for the developmenty of inble of viable half of urban communities under the urban communA Subpart E- Applications and Criteria for Discretionary Grants provisions of Title I of the Housing and more rational utilization of land 670.400 ]aelwrved] Community Development Act of 1974, and other natural resources and the bet - (b)- This Part Covera policies and pro- ter arrangement of residential, commer- Subpart r --Grant Administration cedures relating to the roles and respon- cial. Industrial, recreational, and other 570.500 Designation of public agency. sibilities of HUD told general local gov- e needed activity centers: 570.501 670.502 Grant agreement. Method of payment, errinlent with regard to the allocation (6) The reduction of the isolation of 670.503 Disbursement of transition and and distributionof funds; . eligible ac- income groups within communities and planning advances. tivities; application for entitlement geographical areas and the promotion of 670.604 Release offunds pursuant to. 670: grants; applications and criteria for dos- an increase in the diversity and vitality 603 and 570.607. cretionary grants; grant administration; of neighborhoods through the spatial 570.606 al management systems. other program requirements; loan guar- deconcentration of housing opportunities 570.606 Program tincome. Programant standards. antees; financial settlement of urban re- for persons of lower income and the re - 670.507 BondiProcung nnndtng and insurance. newel projects; and program manage- vitalization of deteriorating or deterio- 670.600 Audit. ment. rated neighborhoods to attract persons 570.610 Retention of records. (C) The community development block of higher Income; and 570.611 HUD administrative services for re- grant program under this Part replaces (7) The restoration find preservation habilitation loans and - grants the following programs consolidated by of properties of special value for historic. I Reserved 1. the Act: - - architectural or esthetic rensons. 1570.612 Grant closeout procedures" IRe- (1) Urban, renewal (and neighbor- (b) It Is also the purpose of this Part served ( hood development programs) under title to further the development of a national Subpart G --Other Program Requirements I of the Housing Act of 1949: urban growth policy by consolidating a tr70.090 Limitations on local option activi- (2) Model Cities under Title I of the number of complex and overlapping pro - ties and contingency accounts. Demonstration Cities and Metropolitan grams of financial assistance to conmlti- 670.601 a70.a)9 nd nd acquisition. Relocation acquistton. - Development Act of 1900: nitles of vnrying sizes find needs Into a 670.00:1 Environment. Environment. (3) Water and sewer facilities under consistent system of Federal aid which: 11,70.004 Historicpresorvation. section 702 of the Housing and Urban (1) Provides assistance on an annual 570.006 Labor standards. Development Act of 1006; basis, with maximum certainty and mini - 670.000 Architectural Barriers Act of 1008. (4) Neighborhood facilities under sec- mum delay, upon which communities can 670.007 Activities for which other Federal tion 703 of the Housing and Urban De- rely In their planning; funds must be sought. velopment Act of 1906; (2) Encourages community develop - 670.600 570.000 Hatch Act: National Flood insurance Program. (5) Public facilities loans under Title which are consistent with meat activehen 670.010 Clean Air Act and Federal Water Act II of the Housing Amendments of 1955; ive comprehensive local and arefiwlde dcvel- Poautlon Control Act. (6) Open space land under Title VII opment planning; Subpart H -=Loan Guarantees o1 the Housing Act of 1961; and (3) Furthers achievement of the na- 570.700 Mtglble applicants. (7) Rehabilitation loans under sec- tlonal housing goal of a decent home 570.701 Application requirements. tion 312 of the Housing Act Of 1964, ex- and a suitable living environment for 570.702 Guaranteed loan amount. cept that such loans may be made under every American family; and 570.703 Federal guarantee. the authority of section 312 of the Hous- (4) Fosters the undertaking of hous- 670.704 Marketing of notes and interest frig Act Of 1064, as amended, until Au - rates fReaervedl. gust 22, 1976: Ing and community development activ- 670.706 Grants for taxable obligations ]Re- - sties in a coordinated and mutually sup - served]. §570.2 Objective nnd-porpose of pro- portive manner. Subpart I -Financial Settlement of Urban grant. (c) It 1s intended under this Part that Renewal Projects (a) The primary objective of the Com- the Federal assistance made available 570.800 General. munity Development Program is the de- hereunder not be utilized to reduce sub - 670.801 Projects which can be completed velopment of viable urban communities, stantially the amount of local financial without capital grants. Including decent housing and a suitable support for community development ac - 570.e02 Projects which cannot be completed living environment and expanding eco- tivities below the level of such support without additional capital grants. nomic opportunities, principally for per- prior to the availability of such assist - 570.603 Requirements. f9r - completion of sons. of low and. moderate income. Con- ance. projects prior to financial settle- - sistent with this primary. objective, the § 570.3 Dcfinitinna. ment ]Reserved]. Federal assistance provided in this Part Subpart J -Program Management 1s for the support of community devel- (a) "Act" means Title I of the Housing 570.000 Performance standards.' opment activities which are directed to- and Community Development Act of 670.905 Reports to be submitted by recip- ward the following specific objectives: 1974• P.L. 93-383. tent. (1) The elimination of slums and (b) "Applicant" means the State or 670.006 Annual performance report. blight and the prevention of blighting unit of general local government which 670.007 Records to be maintained by recip- influences and the deterioration of prop- makes application pursuant to the pro - lent. - erty and neighborhood and community visions of Subpart D or Subpart E. One 670.008 HUD reports (Reserved]. facilities of importance to the welfare or more public agencies, including exist - 1170.0011 secretarial reviews and monitoring of the community, principally persons of ing local public agencies, may be deslg- of recipient's performance. low and moderate Income; sated by the chief executive officer of a FEDERAL REGISTER, VOL. 39, NO. 220 -WEDNESDAY, NOVEMBER 13, 1974 y L FEDERAL -REGISTER, VOL. 39, NO. 226—WEDNESDAY, NOVEMBER 13, 1974 �.. • 1 _ ?5 4111att RMES 'AtNDREGUL,AT110M State or a unit of general local govern- . 1,01 or more persons per room based as the (u) "State" moans any statD of tilt' Statoa, or any instrurnrutallly nient to undwiake a Community Devel- :- data compiled and published b7 United opulent Program In whole or 1n part, but ' United States Dwreau of the Census for thereof apinoved by the Governor; and only the State or unit of general local 1970. % a.the Commonwealth of Puerto Rico. `Extent - - means.. the tv) "Unit o1 general local RDvernmrnt" government may be the applicant under (j) oI poverty" number of persons whose Incomes an means any city, county, town. tvwnshll+, Subpart D and E, (c) "Basic grunt amount" means the below the poverty level based on data parish, village, or other general purpose finned subdivision of a State: Ovam, :unount of funds which a metroplitan compiled and published by the political city or urban county Is entitled to reoelve States Bureau of the Census for 1970 the Virgin Islands, and Amerieau Samoa political subdivision under LhIs Past as determined by the and the latest reports of the Office of or a general purpose formula based on factors pertaining to Management and Budget. For the pur- thereof; a combination of such political population, extent of poverty, and extent poses of this Part, the Secretary has de- subdivisions recognized by the Secretary; the District of Columbia; the Trust Ter - of housing overcrowding provided In termined that it is neither feasible nor to make adjustments at ritory of the Pacific Islands; and Indian Subpart B. appropriate. (d) "Chief executive officer" of a unit this time In the computations of "extent tribes, bands, groups, and nations, in - Alaska Indians, Aleuts, and Es - of local government means the elected of poverty" for regional or area varta- eluding or the legally designated official. Mons in income and cost of living. kimos, of the United States. Such term official, who has the primary responsibility for (k) "Hold -Harmless amount" means also includes a State or a local public body or agency (" defined In section 711 the conduct of that unit's governmental the amount which represents the aver- "chief by a of the Housing and Urban Development affairs. Examples of the executive age past level of finds received of local government of general local government under Act of 1970), a community association, officer" of a unit may be: The elected mayor of a munic- unit the consolldatod programa cited in is used to determine or other entity, which Is approved by the Secretary for the purpose of providing IpullLy; the elected county executive of it county: the chairman of a county p 570.1(c) and which the amount of the Hold -Harmless grant. public facilities or services to a new oom- oonunlssion or board In a county that has the (1) "Hold-Hartaless grant" means that funds which a unit of general munitY as pest of a program meeting the eligibility standards of section 712 of the no elected county executive; official designated pursuant to iaw by the amount of local government is entitled to receive Housing and Urban Development Act of governing body of the unit of local goo-, in excess of its basic grant amount under 1970 or Title IV of the Housing and Ur- ornment•i or the chairman. governor. chief, orpresident (as the cage may be) 5570.103. (m) "ItuD" means the Department of ban Development Act of 1968. (w) "UrbanoouatY" means any county of an Indian tribe or Alaskan native lJousing and Urban Development. within a metropolitan area which, pur- vAlage• (n) "Identifiable segment of the total suant to 4 570.105, (1) is authorized (c) "City" means for purposes of basic group. of ldower-income pelaens In the under State law to undertake essential grant eligibility. (1) any unit o1 gen- rnmmunity" means women. and merdbers community and housing assistance activ- eral local government which 1s classified of a udaorlty group which lnekudes itles In its unincorporated areas, if any, as a municipality by the United States Negroes, Spanish-Americans, Orientals, which are not units of general local gov- Bureau of the Census or (2) any other American Indians and other groups tor- ernment, and (2) has a combined pop - unit of general local government which mzilyr- identified by race, color, at na- ulation of two hundred thousand or is a town or township Gad which, in the tfonal origin. more (excluding the population of determination of the Secretary, (i) po6- _ (o) "Low and moderato 1noOm fam- metropolitan cities therein) In such on- sesses powers and perforans ftmctlona flies" or "lower Income families" means incorporated areas and in its included comparable to those associated with mu- famllles whose incomes do not eaveed 80 units of general local government (i) in nicipalitles, (11) is closely settled and (Iii) p01.cent of the median family income of which it has authority to undertake contains within Its boundaries no inoor- the area as determined by the Secaetat7 essential community development and porated places as defined by the United with adjustments for smaller and latEel' housing assistance activities and which States Bureau of the Census. families, except that the Secretary may do not elect to have their population (f) "Community Development Pro- establish income limits higher or excluded or (it) with which It has en- gram" means the program formulated by lower. than 80 peroent of the median for tered into cooperation agreements to the applIc lilt in Its application to HUD the area on the basis of his findings that undertake or to asslat in the undertaking as described in Subpart D which (1) fin- such variations are necessary because of of essential community development and eludes the activities to be uadertal= to prevailing ]-vela of construction coat, un- housing assistance acttvitles, meet its community development needs usually high or lower family incomes, or Subpart 8—Aifocatlan and Distribution of and objectives identified In its alunmary other factors. Funds community development plan. together with the estimated costs and general lo- (p) -Low and moderate Income Per - "lower Income persons" means § 570.100 General• cation of such activities. (2) indicates sons" or persons for whom the income of the Tam- (a) This subpart describes the policies resources other than those provided ny conforTns with the definition of lower and procedures governing the determina- under this Part which are expected to income families as established in tion of entitlament for eilglble unite Of be made Bvailable toward meeting Its 1570.3 W above. general local government to receive identified needs and objectives, and (3) "Metropolitan area" manna a granas the entitlement amounts, and the takes Into ei6etxmt appiralxinte environ -(q) standard metropolitan statistical area, allocation of appropriated Lands among mental factors. as establlsbed by the Odkoe of Manage- the several distribution categories Pro - (g) 6113decretionarY grant^ means a Budget. went and Bt• vided under Title I of the Sousing and grant made from the Secretary's fund. «Methepolitan city" meeas (i> s Community Deselopment Act of 1974. from the transition fund for urgent cosi- _ ans. Which d within A citthe allocating mumity development needs. and etre-rom central city of uch area, as defineutan Bsa'ic Grant funds under the general purpose funds for metro- de- at2Q the 0J5oe t this sab'past, cw"nt corporate status spolitancribed and a fully ropol(tan areas as scribed more fully 1m p 570.104(x), (b>. and Hudve . or (_). any other city, wttbta a metropolitan M� wtriClr !m a yopa- and geographic boundaries will be con - sidered, in accordance with the follow - (c) (1), and (c) (2), respectively. (h) "Entitlement amount" means the Intion of fifty thousand or moue. n Ing, to the extent such tnforcletion is the amount to be received by a unit of gen- (al •'Y Iatlon" means the total reel-, dent based on data compiled available frmi the UB. Bureau of Censtcs at such time as the allocation of eral local government tonstatlng of its basic grant amount and/or bold -harm- population acrd published by the United States Bu- funds is to be made each year. less grant under 15701102 and 1570-1103. rear of the Census for 1979. (1) Incorporation of a community ationcensusat eeat 80,000 based means the number housing u units with of rt>�ingecrctaxy" means the Secretary Urban Development. on latestTonal FEDERAL -REGISTER, VOL. 39, NO. 226—WEDNESDAY, NOVEMBER 13, 1974 t FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 RULES -.AND. REGULATIONS ' 40139 12) Change in boundarlea or annex- the boundaries of the unit, of general (2) The amount for the second year ations resulting In the population of the local government.. does not exceed two-thirds of the full unit of general local government reach- (b) Urban counties. (1) OF the amount baxlc grant amount, or the hold-harniless Ing or exceeding 00,000 based on latont allocuto(l to metropolitan area+ pursuant muount. or the amount allowed under national census; and to 1 570.101, the Secretary will allocate pnrngrnhh Rn) (1) of this flection, wlllrll- t3) Changes in boundaries or annoxn- to each urban county it basic grant ever is tine greatest: and Lions cumulatively resulting in nn in- annountdetermined by:(3) The amount for the third yvnr crease or decrease in population of the (1) Calculating the total amount that sloes not exceed the full basic grant unit of general local government of at would have been allocated to all metro- n.mount. least five percent based on latest national politan cities and urban counties to- § 570.103 Hold-baradess granl�. MINUS. gether under paragraph (a) (1) of this section if data pertaining to the popula- (a) Metropolitan cities and urban 4 '170.101 Allocation hriwern im•Ira- tion, extent of poverty, and extent of counties. Any metropolitan city or urban poliout and nonnietropolitan arrow, housing overcrowding in all urban coun- county having a hold -harmless amount, Eighty percent of the funds appropri- EI g ties were Included in the numerator of as calculated under parngraph (c) of this ated each year for the purposes of this each of the fractions described in that section, in any fiscal year which exceeds Part, excluding amounts for the Secre- paragraph; and its basic grant amount for that year as tary's discretionary fund and the transi- (11) Determining for each urban computed under 1570.102 will be entitled tion fund described in Subpart E and county the amount which bears the to receive a hold -harmless grant, in addi- excluding fifty million dollars In each same ratio to the total amount calcu- tion to its oasis grant. Except as provided of Fiscal Years 1975 and 1978 as specified lated under paragraph (b) (1) (1) of this in paragraph (d) of this section, the In 9 570.104, will be allocated to metro- section as the average of the ratios be- amount of the hold -harmless grant will politan areas, with the balance of twenty tween: be equal to the difference between the percent allocated to nonmetropolltan (A) The population of that urban basic grant amount and the hold -harm - areas, for community development block county and the population of all metro- less amount. grants In metropolitan and nonmetro- politan cities and urban counties; (b) Other units of general focal gov- politan areas, respectively. (B) The extent of poverty in that ernment. Any other unit of general § 570.102 linwic grant amounts. urban county and the extent of poverty local government will be entitled to re- ceive a hold -harmless grant if, during (n) Metropolitan cities. (1) Of the in all metropolitan cities and urban counties; and the five fiscal year period ending June 30, amount allocated to metropolitan areas (C) The extent of housing overcrowd- 1972 (or June 30. 1973• in the case of Pursuant to 4 570.101, the Secretary will ing by units In that urban county and a locality which first received a grant allocate Lo all metropolitan cities an the extent of housing overcrowding by for a neighborhood development pro- altunmt of funds which bears the same units in all metropolitan cities and urban gram in that fiscal year), it had been ratio 41 the allocation for such metro- counties carrying out one or more urban renewal po11t,an arcus m the average of the ratios (2) In determining the average of projects, code enforcement programs, or between: ratios under paragraph (b) (1) (it) of this neighborhood development programs (1) The population of all metropolitan section, the ratio involving the extent of under Title I of the Housing Act of cities and the population of all mean- poverty will be counted twice. 1949, or model cities programs under politan areas; exclu- (3) In computing amounts or exciu- Title I of the Demonstration Cities and UU The extent of poverty 1n all metro- sions; with respect to -an urban county Metropolitan Development Act of 19(]0, politan cities and the extent of poverty any fiscal Year, there will be excluded under commitments for assistance en - III all metropolitan areas; and any metropolitan city, any other unit of tered into with HUD during that period. (111) The extent of housing overcrowd- general local government within the Except as provided in paragraph (d) Ing by units In all metropolitan cities receive +aunty which 1s to receive ahold -harm- of this section, such hold -harmless grant and the extent of housing overcrowding year pursuant lean grant for that year r le grant will equal the hold -harmless amount as by units In all metropolitan areas. 3, and any cal 4 gen- computed under paragraph (c) of this (tr Of the amount allocated it all metropolitan cities, the Secretary will al- eral local government the population the section. (c) Calculation of hold -harmless locate to each metropolitan city a basic of which has been excluded from county's population as part of the urban amount. (1) For each unit of general grant amount which bears the same ratio county qualification process, pursuant local government having entitlement to the allocation for all metropolitan to 4 570.105. for either a basic grant amount or a cities as the average of the ratios (4) In excluding the population, pov- hold -harmless grant, the Secretary will' between: (1) The population of that city and erty. and housing overcrowding data of units of general local government which calculate a hold -harmless amount for each of the first five fiscal years begin - the population of all metropolitan titles: to receive a hold -harmless grant ning with Fiscal Year 1975, and, for a (it) The extent of poverty in that city are from the computations In this para- unit of general local government first and the extent of poverty In all metro- graph, as required by paragraph (b) (3) qualifying for a basic grant amount politan cities, and of this section, the Secretary will ex- after the fourth such fiscal year, for the (111) The extent of housing - over- elude only two-thirds of such data for first two years that unit of general local crowding by units In that city and the housing overcrowding by units Fiscal Year 1978 and one-third of such government receives a basic grant extent of in all metropolitan cities. data for Fiscal Year 1979: (c) Phase-in provisions. During the amount. (2) The hold -harmless amount, will be (3) In determining the average of ratios under paragraph (a) (1) and (2) first three years for which funds are RP- the sum of: during this section, the ratio involving the proved for distribution to a metropolitan (1) The annual average the of extent of poverty will be counted twice. city or urban county, the basic grant five fiscal years ending June 30. 1972• (4) Towns or townships having popu- amount of thosecities and counties as of: lation of 50,000 or more may be eligible computed under paragraphe (a) and (b) (A) Commitments for grants for urban for entitlement to basic grant amounts will be adjusted if the amount so com- renewal (excluding neighborhood de - although they are not classified as puted for the first year exceeds the city's velopment programs) under Part A of municipalities by the U.S. Bureau of the or county's hold -harmless amount for Title I of the Housing Act of 1949. For "com- Census. In determining eligibility, pri- that year as determined under § 570.103. the purposes of this calculation. mary reliance shall be placed on Infor- The adjustments will be made so that: mitments for grants" means any of the mation available from the U.S. Bureau (1) The amount for the first year does following conditions occurring during of the Census with respect to popula- not exceed one-third of the full basic the five year base period: tion level, closeness of settlement, and grant amount or the hold -harmless (1) Funds reserved and not either presence of incorporated places within amount, whichever is the greater; cancelled or allocated; FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 FEDERAL REGISTER, VOL. 39, NO. 220—WCDN-eSDAV, NOVFMBCR 13, 1974 40140 tli)i,ES -AND ftEGULA1 TIONS: (2) Funds reserved and allocated: and in sttritiiittruG credit to--:metrapolltan (2)` To states and units of. general lo- ; funds allocated which had not pre- ll cities for grants or loans for the ptlipose: cal GovenrmOnL which jointly apply for viously been reserved. of calculating the hold-harmlim &about, such funds for addressing problems uuat (B) Loans made for the purpose of the Secretary - will be guided primarily am areaw)do In soope; rehabilitation of property under section by the location of the project, and. In (:1) In ciuiun, the Vlrgln Inlantf,+, :112 of the IlousluR Act of 1981; addition, We Identity of the local govoru- American amnos, (uid tliu Trusl. Terri- ((:) Grants for open space land prof- nlent which contracted for such grants tory of the Pacificlalatids; ech(, Including urban beautification and or Loans. Tlws, where a county park (N 're States and units of guilbral historlr, pmservntlon, under 'I1Lle VII of autliorlty received a grant to provide local government for use in dotnonstrat- the Iloui Ing Act of 11161; recreational facnItiss in it metropolitan ins innovative oommunlLy development. (U) Grants for water and sewer prof- city. the city would be credited with the projects: ecLs under section 702 of the Housing grant In the hold -harmless calculation. (5) To States and units of general lo - and Urban Development Act of 1965; and not the county. cal government for use in meeting erner- M Grants for neighborhood facili- (d) Phase-out of hold -harmless. (1) gency community development needs ties under section 703 of the Housing and in determining the hold -harmless grant caused by disasters that, in the determi- Urban Development Act of 1965; and for Fiscal Years 1975, 1976, and 1977, the nation of the President, are of sufficient (F) Loans for public facilities under full hold -harmless amount calculated severity and magnitude to warrant major Title 12 of the Housing Amendments of under paragraph (c) of this section will disaster assistance by' the Federal gov- 1955: and be used in accordance with paragraphs ernment, (but not more than one-fourth (it) The average annual grant for a (a) and (b) of this section. In Fiscal of the total a.:lnmt reserved and set neighborhood development program Years 1978 and 1979, it the hold -harm- aside 1n the Secretary's fund under this under Part B of Title I of the Dousing less • amount exceeds the basic grant section for each year will be used for Act of IH49 made during the five fiscal amount for a locality in any such year, this purpose) ; and years ending June 30, 1972, or during as computed under 4 570.102, It will be (6) To States and units of general Fiscal Year 1973 in the case where the reduced so that— in Fiscal Year 1978, the excess of local government where HUD $nde It necessary to correct Inequities resulting Initial grant for this purpose was made in that fiscal year; and (1) the hold -harmless amount over the baste from the allocation provisions of this (Ili) in the case of a unit o1 general -Brant amount for that year will equal subpart. local government having a model cities two-thlit oI the difference between such (}rants from the Secretary's fund may program which was funded or extended . hold -harmless and basic grant amounts; be made in addition to any other corr- in Fiscal Year 1973 for a period ending and munity development block grants which after June 30, 1973, amounts based on (11) In Fiscal Year 1979, the excess of may be made to the same recipient under the following percentages of the aver- . the hold -harmless amount over the basic grant amount for that year will equal this subpart. (b) Transition fund. Using funds ap- age annual grant made for the model: cities program under Title I of the Dem- one-third of the difference between such proprlated for Fiscal Years 1975, 1976 onstration Cities and Metropolltsn De- hold -harmless and basic grant amounts. and 1977 for this purpose, grants may be velopment Act of 1966 during fiscal years (2) In.Fiscal Year 1980, no hold -harm- made to units of general local govern - ending June 30, 1972 • less grants will be made. ment having urgent community develop - (A) one hundred percent for each of (3) in determining the adjustments ment needs which cannot be met through a number of years, which. when com- under paragraph (d) (1) of this section for unite o1 general local government not the operation of the allocation provi- sions of this subpart. Grants under this bined with the number of funding Years for a basic grant, the provi- paragraph may not exceed the total for which the unit of general local gov- to qualifying atone of paragraph (d) (1) (1) and (11) of Mount appropriated in each fiscal year ernment has received grants prior Plical Year 1975, equals five. this section will be applied as though such units had entitlement to a basic for this purpose. (c) General purpose funds—(I) Met - (B) Eighty percent for the year IM- grant amount of zero. ropofitan areas. Any portion of the mediately following year five as deter- (a) Waiver of hold -harmless. Any unit amount allocated to metropolitan areas mined in paragraph (c) (2) (111) (A) of of general local government qualifying under 1670.101. which remains after the this section; for a hold -harmless Brant under the con- allocation of (i) basic grant amounts* to - (C) Sixty percent for the year lm- Si ditions contained in paragraph (b) of metropolitan cities and urban counties following the year provided I mediately ell this section may, not later than thirty under 1570.102. and (n) hold -harmless paragraph (2) (111) (B) carpis section; paragraph prior to January 1, 197153, or not grants to which units of general local and later than 30 days prior. to the begin- government In metropolitan areas are - (D) Forty Percent for the year Sm- ning of say fiscal year thereafter, irrev- entitled, under 1570.103, plus fifty mil - e year provided ed In e mediately following the ocably waive its eligibility for suudh lion dollars in each of Fiscal Year 1975 (d) (2) (ill) tit this Grants. Such waiver must be submitted and Fiscal Year 1976, will be allocated For the purpose of calculating hold- to the,Secretary in writing. In the case for grants to units of general local gov- harmless amounts, the average annual of such a waiver, the unit of general local ernment, other than metropolitan cities grant under paragraphs (c) (2) (11) and government shall not be excluded from and urban counties, and to States for use (ill) of this section win be estabilsibed the computations described in 1570.102 in metropolitan areas, allocating for by dividing the total amount o1 granas kb) (3) and 1570.104(c) (1) and (2). hametropolitaneata Belch such same made to the unit of general local gov- . § J70.104 Funds for dP%crel3ostary the ratio the total o1 those remaining amounts as the total ver - ernment by the number of months of program activity for which such grants grants age of the ratios between: were made and multiplying the result (a) Secretary's fund. From the amount (A) The population of that metropoli- by twelve. In calculating the hold- appropriated for community develop- tan area and the population of all met - harmless amount, any portion of grants merit block grants each fiscal year, ex- ropolitan areas; which were made as one -fire Payments eluding the transition fund described in (B) The extent of poverty in that for relocation costs under the Uniform paragraph (b) and fifty million dollar's in metsopollten area and the extent of Relocation Assistance and Real Prop- each of Fiscal Years 1975 and 1976, HUD poverty In all metropolitan areas; and erty Acquisition Policies Act of 1970 (42 will determine an amount which Is two (C) The extent of housing overcrowd- U.S.C. 4601) will be excluded. In calcu- percent of such appropriated funds for ing by units in that metropolitan area lating the average annual grant under use In making grants: and the extent of housing overcrowding paragraph (c) (2) (ill) of this section, (1) In behalf of new communities ap- by units in all metropolitan areas. the Secretary will exclude Planned Varl- proved under Title VII of the Housing in determining the average ratios for atlons grants and grants for such other and Urban Development Act of 1970 or metropolitan areas, the ratio involving special purposes as relocation costs for Title IV of the Housing and Urban De- the extent of poverty will be counted Project Rehab in model cities programs. velopmentActof 1968: twice: and in computing amounts for FEDERAL REGISTER, VOL. 39, NO. 220—WCDN-eSDAV, NOVFMBCR 13, 1974 metropolitan areas there will be excluded any metropolitan cities, urban counties, and any units of general local govern- ment which receive hold -harmless grants under 1570.103(b). (2) Nonmetropolitan areas. Any por- tion of the amount allocated to non - metropolitan areas under 1570.101 which remains after providing the allocation of hold -harmless grants to which units of general local government in nonmetro- politan areas are entitled under 4 570.103 (b), will be allocated for grants to units of general local government in nonmet- ropolitan areas or to States.for use in nonmetropolitan areas, allocating for the nonmetropolltan areas of each State an amount which bears the same ratio to the total of those remaining amounts as the average of the ratios between: u) The population of the nonmetro- polltan arca in that State and the popu- RULES AND REGULATIONS (1) Is In a metropolitarr area; (2) Is authorized under Estate 106w to undertake essential community develop- ment and housing assistance activities ("essential activities'-) in its unincor- porated areas, if any, which are not unite of general local government; and (3) Has a combined population of 200.000 or more (excluding the pOpula- tion of metropolitan cities therein) con- sisting of persons residing: (i) In such unincorporated areas. (11) In its included units of general local government in which it is author- ized under State law to undertake essen- tial activities (without the consent of the governing body of the locality, or upon the consent of the governing body of the locality and the county has received such consent) and which do not elect to have their population excluded from that of the county pursuant to- 1570.102(b) (3) lntion of the nonmetropolltan area In all Statem. (1) The extent of poverty in the non - metropolitan area In that State and the extent of poverty in the nonmetropolitan arca in all States; and (lit) The extent of housing overcrowd- ing by units In the nonmetropolitan area in that State and the extent of housing overcrowding by units in the nonmetro- poittan area in all States. In determining the average of ratios for nonmetropolitan areas, the ratio invoiv- Ing the extent of poverty will be counted twice; and in computing amounts for nonmetropolitan areas there will be ex- cluded units of general local government iu nonmetropolitan areas which receive ]told -harmless grants under f 570.103(b). (d) Ad4ustment to exclusions for hold- harntless grants. In excluding the popu- latlon, poverty and housing overcrowd- ing data of units of general local govern- ment which receive hold -harmless grants tis required under paragraphs (c) (1) and (2) of this section, only two-thirds of much data will be excluded for Fiscal Year 1978 and one-third of such data for I-Iscal Year 1979. (c) Criteria. Specific criteria for de- termining recipients of discretionary fuu(ls may be found in Subpart E, Ap- pllcatlonm and Criteria for Discretionary Grants. § 570.105 Qualification am urban roun17. (a) Determination of qualification. The Secretary will determine the quail- ncations of counties to receive entitle- ments as urban counties pursuant to § 570.102(b) upon receipt of applications from counties in a form and manner pre- scribed by HUD. The Secretary shall de- termine eligibility and applicable por- tions of each eligible county for purposes of fund allocation under 1570.102(b) on the basis of information available from the U.B. Bureau of Census with respect to population and other pertinent demo grupiilc characteristics, and based on in- formation provided by the county and Its included units of general local govern- ment. (b) Qualification as an urban county. A county will qualify as an urban county If such county: or (111) In Its included units of general local government with which it has en- tered into cooperation agreements to undertake or to assist in the undertak- ing of essential . activities pursuant to community development block grants Such cooperation agreements may con- slat on slat of the provision by the county o funds or services or both in behalf o such essential activities. (c) Essential activities. For pu of this section, the term "essential ac tivities" means community renewal and lower income housing activities. In de termining whether a county has the re quired powers, the Secretary will con aider both its authority and, where ap plicable, the authority of its designa agency or agencies. (d) Opinion as to authority. A count: wishing to qualify as an urban count shall, aUD t a time designated by Han In a form prescribed by HUD, describe f authority for undertaking' essential tivittes. Such description shall lnclu an opinion with respect to such author] by the appropriate legal officer of county. § 570.106 Qualification and Mub'116%io dutem. 461-11 , and second, in any other metro,.: politan area. Any other amounts allo- cated to a metropolitan area for any Its - cal year under 4 570.104(c) (1) which the Secretary determines, on the basis of ap- plications and other evidence available, are not likely to be fully obligated by the Secretary during the fiscal year for which the allocation has been made, will be reallocated by the Secretary suffi- ciently prior to the close of the fiscal year to allow a reasonable expectation that the funds may be used for making grants within that fiscal year to States, metro- politan cities, urban counties, and other units of general local government, first, In that or any other metropolitan area In the same State, and second, in any other metropolitan area (b) :-amctropolitan areas. Any amounts allocated to a unit of general local government for any fiscal year for hold -harmless grants in a nonmetropoll- tan area which are not applied for by the date fixed by the Secretary for that purpose, or which are disapproved by the Secretary as part of the application review or program monitoring processes, will be reallocated by the Secretary for use in making grants to units of general L local government in nonmetropolitan f areas in any State or to any State for use outside of metropolitan areas. Any other amounts allocated to nonmetro- politan areas of a State for any fiscal year under 1570AG4(c) (2) which the Secretary determines, on the basis of ap- plication and other evidence available, are not likely to be fully obligated dur- - ing the fiscal year for which the nlloca- ted tion has been made, will be reallocated by the Secretary sufficiently prior to the close of the fiscal year to allow a rea- sonable expectation that the funds may Y be used for making grants within that d fiscal year to units of general local gov- ts ernment in nonmetropolitan areas of �- other States and to other States for use de in nonmetropolitan areas. the(c) Policies governing reallocation. Each fiscal year, IND will publish the policies to be employed in the realloca- n tion of funds for that year. (d) Fiscal year reallocation. Metro - The Secretary will fix qualification nxnl9eareahlchsarealnota eu or an, and submission dates necessary to free- that fiscal year will remain available in hin mit the computations and determine.- the next subsequent fiscal year for the tions required under this Subpart to be same area. Nonmetropolitan area funds made computations and determinations will n a timely manner and all such reallocated for any fiscal year which are computtanot used within that fiscal year will re- bs final and conclusive. main available in the next subsequent §570.107 Realloration of Fundi. fiscal year for the same area. (a) Metropolitan areas. Any amounts allocated to a metropolitan city, urban county, or other unit of general local gov- ernment for basic grants or hold -harm- less grants in metropolitan areas in any fiscal year which are not applied for by the date fixed by the Secretary for that purpose, or which are disapproved by the Secretary as part of the application review or program monitoring processes, will be reallocated for use by the Secre- tary in making grants to States, metro- politan cities. urban counties, or other units of general local government; first, in any metropolitan area in the same § 570.108 Offset againkt entitlement. To the extent that grants under Title I of the Housing Act of 1949 (urban re- newal) or Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (model cities) are payable from appropriations made for Fiscal Year 1975, and are made with respect to a prosect or program being carried on in -any unit of general local government having a basic or hold -harmless grant entitlement for Fiscal Year 1975 under 1570.102 or 570.103, the amount of such grants made under such urban renewal FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 FEDERAL REGISTER, VOL. 39, NO. 210—WEDNESDAY, NOVEMBER 13, 1974 401•12 RULES AND REGULATIONS or model cities legislation will be consid- forcemeat: together with public improve- . Assistance and Real Property Acquisition ered to have been made against the en- mento and services to be provided, may Policies Act of 1970 (42 U.S.C. 4601). titiement amount of the unit of general -be expected to art at the decline of the (12) Activities necessary (1) to deve:op local government as determined under area. a comprehensive community develop - this subpart, and will be deducted from (4) Clearance, demolition, removal, ment plan (which plan may address the such entitlement amount for Fiscal Year and rehabilitation of buildings and im- needs, strategy, and objectives to be sunt - 1975. Deductions for this purpose will provements (including (1) interim assist- marized In the application pursuant to be made after the allocation of funds ante to alleviate harmful conditions In g 570.303(a) but may treat only Stteh pursuant to this subpart and shall not whin) immediate public action is needed pt(hllc nurvinna rid tire necasanry lir Wipro- ,.Lluvwine affeel, the alloeaLlon of funds, and (11) finauoing rehabllit"Llon of Prl- prlate to mulporl, anLfviLlra nrrrinnli hurh 'I'br Ilrlba•Llon 1'rlplll'ad fill' allrll HI'alltre val.aly owflyd prllpprtira throilgll tho mp llnitl(n olill uhjP0.IVpa1, Milli 1111 1.41 111,V1,14111 nhnll he (llnrektlrllyd In dnterinhlinu Llle.:pf urnblb, dlrret loann. Ionil guarnsiLCeM, a pnhl:y-p1tt 11111itg •Intt)ltt(jn111nItL rnitnell•y nntuunt of krnuLs made to any unit of and other means, when In support of so that the recipient may inure rntlonnlly Keucral local government that may be other activities described In 1570.303 and effectively (A) determine its heeds, applied, pursuant to I 570.802(b), to pay- (b), and (111) demolition and moderniza- (B) set long-term goals and short-term Ment of temporary loans In connection • tion (but not new construction) of pub- objectives, (C) devise programs and ac - with urban renewal projects under Title I licly owned low -rent housing. tivities to meet the goals and objectives, of the Housing Act of 1049. (5) Special projects directed to the re- (D) evaluate the progress of such pro - Subpart C—Eligible Activities moval of material and architectural bar- grams in accomplishing these goals and rlers which restrict the mobility and ac- objectives, and �^) carry out manage - 570.200 l;ligible arlivilie". cessibillty of elderly. and handicapped ment, coordination, and monitoring of (a) Grant assistance for a community Persons• activities necessary for effective planning development program may be used only (6) Payments to housing owners for Implementation. for the following activities: losses of rental income incurred in hold- (13) Payment of reasonable adminis- (1) Acquisition in whole or in part by Ing for. temporary periods housing units the in- trative costs and carrying charges rclaLed purchase, lease, donation, or otherwise, to be utilized for relocation of dividuals and families displaced by pro- to the planning and execution of coin - of real property (Including air rights, munity development and housing activi, water rights, and other interests there- gram activities. (7) Disposition, through sale, lease, ties, including the provision of Informa- In), which is— (t) Blighted, deteriorated, deteriorat- donation, or otherwise of any real prop- tion and, at the discretion of the recipi- ent, of resources to residents of areas in Ing, undeveloped, or inappropriately de- erty acquired pursuant to this Part or its -purposes, which other community development ac- veloped from the standpoint of sound retention for public provided that the from any such disposi- tivities described in Q 570.303(b) and the community development and growth, as determined by the recipient pursuant to proceeds tion shall be expended only for activities housing activities covered in the Housing Assistance Plan described In 1570.303(c) Stato and local laws; in accordance with this part. services not are to be concentrated with respect to the Ili) Appropriate for rehabilitation or (6) Provision of public planning and execution of such activities. conservation activities; (ill) Appropriate for the preservation otherwise available in areas, or serving residents of areas, in which the recipient (b) Notwithstanding anything to the 670.201. or restoration of historic sites, the beau- _ la undertaking, or will undertake, other described in 1570.303(b) where contrary to this section or hn a 0111, any ongoing his sec being carried out In activity LIIIcaLlon of urban laud, the conservation activities , Services are determined to be neees- a model cities Progrei Shall be le of open spaces, natural resources, and steenlc areas, the provision of recreational such spry or appropriate to support Such other for funding under this Part from thateligible portion of the hold -harmless amount at - opportunities, or the guidance of urban activities and where assistance in provid- Ing or securing such services under other tributable to such model cities program development; applicable Federal laws or programs has until the applicant hag received five (iv) To be used for the provision of been applied for and denied or not made years of funding for such as public works, facilities, and Improve- available pursuant to the provislons of 0.103Lic) calculated pursuant to fi (2) merits eligible for assistance under para- 9 570.607. For the purposes of this para- is paragraph, (Ili). For the purpose of this paragraph. graph (a) (2) of this section; or graph, such services shall be directed to- term "ongoing activity" model y (v) To be used for other public pur- Ward (1) improving the community's cities activity underway asaof Janns poses, including the conversion of land public services and facilities including uary 1, 1975, that was approved and to other uses where necessary or appro- those concerned with the employment, funded by HUD on or before June 30, priate to the community development economic development, crime prevention, 1974. program. child care, health, drug abuse, education, (c) Costs incurred In carrying out the (2) Acquisition, construction, recon- Ac welfare, or recreation needs of persons program, whether charged to the pro- str or installation of the following stru) residing in such areas, and (ii) coordl- gram on a direct or a Indirect basis, public works, facilities, and site or other noting public and private development re - must be in conformance with the re- improvements: neighborhood facilities, impro Koper faties, programs. quirements of Federal Management Cir- seniorcenters, historic util- (9) of the non -Federal share cular 74-4, "Cost Principles Applicable streets, street lights, water and Itlessewer facilities, foundations and plat- .Payment required in connection with a Federal to Grants and Contracts with State and forms for air rights sites, pedestrian malls grant-in-aid program undertaken as part of the community program Local Governments," except as modified and walkways, and parks, playgrounds, 03(b)developmentimi in these regulations. and other facilities for recreational par- such payment shall be limited to activ- §570.201 Incligible arlivilie%. ticipation*, flood and drainage facilities in cases where assistance for such facil- ltles otherwise eligible under this section. Any type of activity not detwi-lbed In ities has been determined to be unavail- (10) Payment of the cost of complet- Ing a project funded under Title I of the 4 b70.200 Is ineligible. The following 11.41,able 1examDiea under other Federal laws or. pro- Housing Act of 1949, including the pro- of of 1ne11g1h1e nl:tivlLlcS In grams pursuant to the provisions of facilities, solid visions for financial settlement contained merely illustrative, and docs not ronnL1- p 570.608; and parking waste disposal facilities, and fire protec- in Subpart I. tote a list of all Ineligible activltien. tion services and facilities which are lo- (11) Relocatlon payments and asslat- (a) Public facilitfee. The general rule cated In areas or which serve areas In ante for 'individuals, families, busi- is that a public facility Is ineligible to be which other activities described In nesses, organizations, and farm opera- acquired, constructed, reconstructed, re - 570.303(b) are being, or are to be, car-- tions displaced by activities assisted under this Part, including all benefits at habilitated, or installed unless it 1s apc- rled out. (3) Code enforcement in deteriorated least equal to the minimum levels estab- ciflcally mentioned in C 670.200(a) (2), or or deteriorating areas in which such en- lished under the Uniform Relocation was previously eligible under any of the FEDERAL REGISTER, VOL. 39, NO. 210—WEDNESDAY, NOVEMBER 13, 1974 tn•olcrams consolidated by the Act (ex- cept the public facilities loan program, the model cities program, and as' -an urban renewal local grantAn-aid eligible under section 110(d) (3) of the Housing Act of 1949) and cited in 1 570.1(c). Ex- amples of faculties which cannot be pro- vided with these funds include the lullowing: :1: ihdldings and facilities for the l;er 1 oral conduct of I(OYarllment, such as city buliN and other headquarters of gov- enunent (where the -governingbody meets regularly). of the recipient and which are predominantly used for munic- ipal purposes, courthouses, police sts- th munlelpal office build - RULES AND REGULATIONS miscible use of funds provided under tills Part, except sa . provided under the last resort housing provisions of 24 CFR Part 43: (f) Income payments. Except as authorized under 1510.200, funds may not be expended for direct income PRY- ments for housing or for any other pur- pose, except as provided under the I"t resort housing provisions of 24 CFR Part 43. Examples Include payments for in- come maintenance and housing allow- ances. Subpart D—Applications for Entitlement Grants trans, and o er § 570.300 1're-submissions. Ings: t2r Stadiums. sports arenas, suditorl- t urns, concert halls, cultural and art cen- ters, convention centers, museums, librar- ies, and similar facilities which are used by the general public primarily as spec- tators or observers, except cultural, art, museum. library, and similar facilities undertaken as part of a neighborhood facilities prosect; (3) Schools generally. Including ele- mentary, secondary, college and univer- slLy facilities, but excluding a neighbor- hood facility or senior center in which claws in practical and vocational aetivl- (.les (such us first aid, homemaking, crafts, etc.) may be taught; (4) Airports, subways, trolley lines, bus or other transit terminals, or stations. and other transportation facilities: and (5) Hospitals, nursing homes, and other medical facilities, but excluding a neighborhood facility or senior center In which health services are but part of the .services offered. (b) Operating and maintenance ex- penses. Except for the public services de- scribed in 1570.200(a) (8), and the interim assistance authorized under § 570.200(a) (4). operating and mainte- nance expenses in connection with com- munity services and facilities are not _eligible. Examples Include maintenance and repairs of water and sewer and park- ing facilities, and salaries of staff operat- fag such facilities. (c) General government expenses. Ex- cept for the provisions of 1570.200 (c), ex- rry pensca required to caout the regular responsibilities of the unit of general local government are not eligible. Ex- amples include all ordinary general gov- ernment expenditures not related to the community development program de- scribed pursuant to 1570.303(b) and not related to activities eligible under 1570.200. (d) Political activities. No experadi- lure may be made for the.use of equip- ment or premises for political purposes. sponsoring or conducting candidates' meetings, engaging in voter registration activity or voter transportation (except where part of the communitywide regis- tration drive sponsored by the unit of general local government). or other par- tisan political activities. (e) Nein housing construction. Con- struction of new permanent residential structures, or any program to subsidize or finance such construction, is not a per - (a) Timing of submission of appltca- tons. The Secretary will establish from time to time the earliest and latest dates for submission -of an application for each fiscal year. Applications, or draft mate- rials relating to applications, received before the earliest date will be returned to the applicant without review. For fis- cal year 1975. the earliest date for sub- mission of an application shall be De- cember 1, 1974; the latest date shall be April 15, 1975. Prior to the earliest date for submission of an application for each fiscal year. HUD will --provide all appll- cants with forms and instructions, in- cluding the actual or estimated entitle- ment amount. Entitlement applicants wishing to apply for discretionary grants shall follow the procedures described In Subpart E Applications and Criteria for Discretionary Grants. (b) Upon receiving advice from HUD that the application has been received for processing, the applicant shall make reasonable efforts to inform citizens in- volved In the local citizen participation process that the application has been submitted to HUD and is available to interested parties upon request. This re- quirement may be satisfied by publlcs- Uon of a notice to that effect in a peri- odical or general circulation in the juris- diction of the applicant. (c) Meeting the requirement of OMD Circular No. A-95. Applicants must com- ply with the procedures set forth In OMB Circular No. A-95 which require the sub- mission of the application to the State and areawtde clearinghouses for review and comment prior to submission to HUD. For Fiscal Year 1975 submissions only, the Office of Management and Budget has granted an exception to the length of review time for block grant applications to permit clearinghouses a single 45 -day period for review. tiIn addi- tion, clearinghouses should divide their comments into two sections. The first will cover comments relating to facts and data relevant to HUD's making its statutory determination on the applies- Uon in accordance with I570.300(b). The second section will include all other eomments and recommendations which clestinghouses desire to submit to the applicant. § 570.301 Program year. Aol« or twelve consecutive months: except` rhen modified under the provision of aragraph (b) of this section. (b) Subsequent program years. The mond program year shall normally be - ;in twelve months after the beginning ate of the first program year. However, n applicant may request to shorten the first program year by nn more thnn hree calendar months ht order to meet irgent local needs and obicetives, to re- leet activity funded with hiscal Year 975 appropriations for the urban re- newal and model cities prognuns, or to :onform the program year to State or in- -al budgeting re(iulrements. The nppi(- cant shall not submit an application for a program year beginning prior to the end of the preceding twelve-month pro- gram year without the prior concurrence of the HUD Area Office. (a) First program year. The first pro- gram year shall start on the date of HUD approval of the application and shall run 9570.302 Advuneee and :nitl:orization lu incur co%tb. (a) Request for advance,. For the first program year beginning after January 1. 1975, an applicant may request an ad- vance of funds In an amount not to ex- ceed ten percent of its entitlement amount. A request for advance may be submitted to the appropriate HUD Area Office no earlier than December 1, 1974. An advance of funds may not be approved prior to January 1, 1975, and the appli- cant's program year docs not begin until approval of a full application for a grant. The request for advance shall be in a form and manner prescribed by HUD and shall identify and estimate the cost of the activities to be carried out with the advance. (b) Eligible uses of advance funds. Advance funds will be made available for the following purposes: (1) To plan and prepare for the Im- plementation of actfvtt)es to be assisted under tills part: and (2) To continue previously approved urban renewal (including Neighborhood Development Program) activities being carded out under Title I of the Housing Act of 1949 and/or previously approved model cities activities being carried out under Title I of the Demonstration Cities and Metropolitan Development Act of 1000. The phrase "previously ap- proved" in the preceding sentence shall mean those urban renewal and model cities activities that were approved and funded by HUD on or before June 30, 1974. (c) Authorization to incur costs. Upon the effective dato of these regulations, applicants, by appropriate resolution of the local governing body and as of the date of such resolution, may begin to Incur costs for the planning and prep- aration of an application for funds available under this part. The resolution shall recognize that reimbursement for such costs win be dependent upon the availability of funds to implement this part, and submission of a timely appll- cation to accordance with 1570.3x3. Costs incurred with local funds pursuant to tills paragraph may be reimbursed from an advance of funds. The total of FEDERAL REGISTER, VOL 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 nil costs Incurred pursuant to this"sec- Limn may not exceed ten percent ofthe - applicauts' entitlement amount and must Ile fully documented in the applicants' ii les. fi 570.303 Applirnlion rv•quirrmentm. An application for a grant shall con- form to and be limited to the prescribed HUD forms and shall Include t.ile follow- ing Items: (it) Community development plan sum - Mary. The application shall Include a son niary ora three-year community de- velopment, pion which Identifies com- munlLy development needs. demonstrates $I comprehensive strategy for meeting those needs, and specifics both short - and long-term community development objectives which have been developed in accordance with areawide development planning and national urban growth policies. The plan shall be written In a manner to encompass the needs, strategy and objectives, and to described a pro- gram, which Is designed to eliminate or prevent slums, blight. and deterioration where such conditions or needs exist, and to provide improved community develop- ment facilities and public improvements, including the provision of supporting health, social and similar services where necessary and appropriate. In identifying the needs, the applicant shall take into consideration any special needs found to exist In any identifiable segment of the total group of lower income persons In the community. With respect to area - wide planning, the applicant must give careful consideration to applicable area - wide plans but need not conform rigidly to such plans or secure approval of area - wide planning agencies. Where areawide activities are determined in the A-95 comments transmitted by the area wide planning agency to be inconsistent with applicable areawide plans, then the ap- plicant shall provide in the application to HUD an explanation of the reasons for the Inconsistencies. (b) Community development program. (1) The application shall Include a sum- mary of a community development pro- gram which: (1) Includes the activities to be under- taken with the funds provided under this part for the program year to meet the community development needs and ob- jectives together with the estimated costs and general location of such activities: (11) Indicates resources other than those provided under this Part which are expected to be made available during the program year toward meeting the Iden - titled needs and objectives; and (Iii) Takes into account appropriate environmental factors. (2) The applicant shall submit maps of the geographic jurisdiction of the ap- plicant. Such maps shall indicate the general location of proposed activities to be undertaken with funds provided under this Part and indicate, by each census tract, the concentrations of minority groups and lower-income persons. (3) An applicant may provide in the community development program for the planned expenditure of programyear funds In the subsequent program. year. (c) Housing assistance plan. The ap- plication shall contain a housing assist- ance plan which: (1) Accurately surveys the condition of the housing stock in the community. The applicant shall present in summary form a description of housing conditions by number of units in standard condition and in substandard condition, and to the extent` such information Is generally available, the unite suitable for rehabili- tation, and in each case dlstingulshing the numbers which are occupied and which are vacant. (2) Estimates the housing assistance needs of lower Income persons (including lower-income persons who are elderly and handicapped persons, large families, and persons displaced or to be displaced) either already residing In the community, or planning or expected to reside in the community as a result of planned or existing employment facilities. The as- sessment of housing assistance needs of lower income persons should. take Into consideration and summarize any special needs found to exist in any identifiable segment of the total group of lower- income persons in the community. (3) Specifies a realistic annual goal for the number of dwelling units or persons to be assisted including the relative pro- portion of new, rehabilitated and existing dwelling units, and the sizes and types of housing projects and assistance beat suited to the needs of lower income per- sons in the community. This statement of the annual goal for dwelling units to be asstated shall take into consideration' the housing conditions and needs summa- rized pursuant to the two preceding par- agraphs of this section. The goals for new, rehabilitated, and existing unite should be consistent with the findings pursuant to g 570.303(c) (1) with respect to the availability of existing units of standard quality and units suitable for rehabilitation. HUD field offices will ad- vise applicants, upon request, of housing assistance resources available to field of- fice jurisdictions pursuant to section 213 of the Housing and Community Develop- ment Act of 1974 prior to submission of the housing assistance pian by the locality. (4) Indicates the general location by census tract or groups of census tracts of proposed new housing construction projects and substantial rehabilitation projects for lower income persons on maps as called for in 4570.303(b)(2), (and. for those projects proposed for HUD assistance, considering the site and neighborhood standards established by HUD for the housing assistance pay- ments progrant with the objectives of: (I) Furthering the revitalization of the community, Including the restoration and rehabilitguon of stable neighbor- hoods to the maximum extent possible. (if) , Promoting greater choice of hous- ing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons. (iii) Assuring the availability of pill)-` lie facilities and services adequate to serve proposed housing projects. (d) Community development hudyet. The applicant shall submit a community development budget on forms prescribed by HUD. SuMcient amounts shall be In- cluded in each year's budget to fully fluid relocation payments and assistance for all persons expected to be dispinced by that year's community development pro- gram activities even if such displacement will not occur until a later program year. (e) Certillcations. The appllcnnL shall submit certifications. In such forms ns HUD may prescribe, providing nsa tr- ances that: (1) The program will be conducted and administered In conformity with Title VI of the Civil Rights Act of 1984 (Pub. L. 88-352) ; Title VIII of the Civil Rights Act of 1988 (Pub. L. 90-284) ; sec- tion 109 of the Housing and Community Development Act of 1974; section 3 of the Housing and Urban Development Act of 1988; Executive Order 11248; Execu- tive Order 11083, and any HUD regula- tions issued to implement these author- ities. (2) Prior to submission of its applica- tion. the applicant has: (1) Provided citizens with adequate in- formation concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be under- taken, and other important program re- quirements; (it) Held at least two public hearings to obtain the views of citizens on com- munity development and housing needs: and (iii) Provided citizens nn adequate op- portunity to participate 1n the develop- ment of the application and 1n the de- velopment of any revisions, changes, or amendments. The Act provides that no part of this paragraph shall be construed to restrict the responsibility and authority of the applicant for the development of the ap- plication and the execution of its com- munity development program. Accord- ingly, the citizen participation require- ments of this paragraph do not include concurrence by any person or group in- volved in the citizen participation proc- ess in making final determinations con- cerning the findings and contents of the application. The sole responsibility and authority to make such final determina- tions rests exclusively with the applicant. (3) The applicant will comply with the relocation requirements of Title II and the acquisition requirements or Title III of the Uniform Relocation Asslstanm and Real Property Acquisition Policirs Act of 1970, and implementing regula- tions in 24 CFR Part 42. (4) The applicant's certifying oIDcer (1) consents to assume the status of a responsible Federal official under the Na- tional Environmental Policy Act of 1909 Insofar as the provisions of such act apply pursuant to this Part, and (11) is authorized and consents on behalf of the FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 11l FEDERAL REGISTER, VOL.. 39, NO. 240—WEDNESDAY, NOVEMBER 13, 1974 , RULES AND AND REGULATIONS 401.15 and himself to accept the `Jur- -ties -'authorized pursuant; to.. 1570.200 (2) If the. application is accepted in, applicant isdiction of the Federal courts for the of enforcement of his responsi- - (a)(2).- (b) Secretarial determination: In de- accordance with the preceding para-" graph, the date of acceptance of the ap- purpose bilities as such an official. termining that, having 'regard to the nature of the activities to be carried out, plication will be the date of receipt of the application in the HUD field office, (5) The applicant will comply with the requirements of Federal Manage- a waiver Is not incollststent with the and the applicant will be so notified in urent Circular 74-4, "Cost Principles'Ap- purpose o1 this part, the Secretary will writing. If the application is not Re- to flrnntR and Contracts with approve a waiver: Provided. That the cepted for review, the applicant will be plicable Mate and Local Government," and with funds applied for do not exceed so m)tlned in writing. and will be advised the npplicnble requirements of Federal $1,000,000. of the sperinc rerwons for 11e1114CCCptUn Ce• Munnrtement Circular 74-7 "Uniform 0 570.305 Program nmcndmrat�• (hr Sropr, n/ rcu(r•ur. i) Thr. $r)oil Lhy normally base his review upon I,he AdmininLrativc Requirements for (wants-tu-Aid to State and Local Oov- (a) Mid-prograin near amendments. will applicant's certifications. statmncnty of ernmenls," as specified in these reguna- An applicant shall submit an amended facts and data and other prograni n the application to the HUD Area Office if decisions. The Secretary reserves the tions. (0) 'fits applicant has met the require- the applicant's community development right, however to consider substantial ments of OMB Circular No. A-95 and any program is being revised so that more evidence which contradicts or challenges comments or recommendations made by than ten percent of the community de- the certifications, or significant facts and through the clearinghouses are at- velopment budget, excluding unspecified data, in accordance with the review cri- or tached and were considered prior to sub-- local option activities, is to be used for teria in this section and to require addi- mission of the application, or, no clear- new or different activities not included tional information or assurances from tnghouse comments or recommendations In the approved community development -also the applicant as warranted by such have been received. (7) The Community Development pro- program. An amendment shall be submitted whenever the cumulative ef- evidence. (2) Based on that review, the Secre- gram has been developed so as to give feet of a number of smaller changes add tary will approve the application unless: maximum feasibile priority to activities up to an amount that exceeds ten per- (i) On the basis of significant facts which will benefit low- or moderate -in- cent of the budget, excluding unspecified and data, generally available (whether come families or aid in the prevention or local option activities. The amendment published data accessible to both the ap- elimination of slums or blight. Where submitted to HUD shall include only plicant and the Secretary, such as census all or part of the community. develop- those elements of the application that data, or other data available to both the meat program activities are designed to : are changed, except that the amendment applicant and the Secretary, such as re - meet other community development shall always include the certifications cent local, areawide or State comprehen- needs having a particular urgency, the and assurances described in 1570.303 (e) . sive planning data) and pertaining to applicant may request a determination, (b) Other program amendments. Pro- community and housing needs and ob- by the Secretary that the program ac- gram amendments not requiring prior jectives, the Secretary determines that tivttles are so designed to meet such HUD approval pursuant to the preceding the applicant's description of such needs needs as specifically described in the paragraph may be undertaken by the and objectives is plainly inconsistent application. applicant, provided all other require- with such facts or data, or (8) Tile applicant will administer and ments of this part are satisfied. Such amendments shall be reported to HUD as (fir On the basis of the application, the Secretary determines that the activities enforce the labor standards requirements forth e 1570.605 and HUD regent- part of the annual performance report, to be undertaken are plainly Inappropri- Ret tlonn Issued to implement such require- as described in 1570.906, required with the subsequent annual application, ate to meeting the needs and objectives meats. (c) Reprogramming unobiipated funds. identified by the applicant, or (iii) The Secretary determines that If ) Performance report. Beginning :.Funds the application submitted in fiscal that will be unobilgated at the be repro- the application does not colilply with with year 1978, and each fiscal year thereafter, end of a program year may grammed as a part of a subsequent year's the requirements of this part or other the applicant shall submit; an annual annual application for a grant so as to applicable Federal laws, or proposes ac - tivities are ineligible under this performance report as described in avoid subsequent program amendment. which 1 570.908. Such a reprogramming 1s not a require- part. § 570.304 Waiver of application re- ment inasmuch as an applicant may con- (e) Approval or dtsapprovaI of appli- Within seventy-five days of the quirenrrntn, - tinueto carry out activities included in cation. date of receipt of the application, or at (a) Eligible applicants for waiver. a prior year's application: such earlier time review completed, The Secretary may waive all or part of § 570.306 HUD review and approval of the Secretary willl notify tIs he applicant h the application requirements contained application. in writing that the application has been in 1570.303 (a) and (b) If the applicant (a) Acceptance of application. (1) approved, partially approved, or disap- meets the following criteria: Upon receipt of an application, the HUD proved. In the event the Secretary has (1) The applicant has a population of Area Office will accept it for review, pro- not mailed a notification to the applicant less than 25,000 according to the most vided that: within seventy-five days from the date of recent data compiled by .the Bureau of (1) It has been received before the acceptance of the application that it has ' Census and is located: close of business on the final date estab- been disapproved, the application shall (t) Outside a standard metropolitan lished by HUD for submission of appli- be deemed to be approved. It the appllca- statistical area, or cations for each fiscal year; tion Is disapproved, the applicant shall be (Il) Inside such an area but not out- (ii) The application requirements Informed of the specific reason$ for dis- aide an "urbanized area," as defined by specified in 1570.303 are complete, unless approval. the Bureau of Census: specifically waived pursuant -to 1570.304; (d) Approval of less than full entitle - (2) The application relates to the first (111) The funds requested do not ex- ment. The Secretary may adjust the en - community development activity to be ceed the entitlement amount: titlement amount to the extent identi- carried out by such locality with assist- (Iv) The required certifications have fled In an application submitted under ance under this part; and been properly executed; and this part designated for an activity or (3) The assistance requested is for a (v) The applicant has attached or en- activities that are not eligible under single development activity under this closed any comments or recommenda- 1 570.200, and the deficiency has not been Part of a type eligible for assistance tions made by or through State and area- corrected prior to the expiration of the under 1570.200 (a) (1) (iii) ; or neighbor- wide clearinghouses or has stated that no 75 -day review period for the applica- hood facilities, water and sewer facilities; comments or recommendations have tion. Funds not approved under the pre- historic properties, and parks, play- been received within the 45 -day review ceding sentence will be reallocated pur- grounds, and similar recreational facilf- period. suant to 4 570.107. FEDERAL REGISTER, VOL.. 39, NO. 240—WEDNESDAY, NOVEMBER 13, 1974 , 1 40146 RULES AND REGULATIONS tipl § (e) Conditional approval. The Secre- method as is approPrlae for rec5Rec1plents shall' comply«with the rc- t.ary may make a conditional approval, ent during the first program year. In which case the frill entitlement § 570.506 Rclease of funds pumunnt w Manage Management ents f Circular( 74-7,x B 0 "Bon ling amount will be approved but the utfliza- § 570.603 and § 570.602 and Insurance." tion of funds for affected activities will Recipients may spend funds for proj- be restricted. Conditional approvals may ects requiring environmental review Pur- § 570.509 Audit. be made only where local environmental suant to 1570.603, and for public services (a) The Secretary. the Comptroller reviews under A 570.604 have not yet been activities or for flood and drainage fa- General of the United States, or tiny of completed, where the requirements of cilitles for which other Federal funds their duly authorized representatives. i 570.007 regarding the Provision of Pub- Inuit be sought pursuatlt to 1570,607, shall have access to all books, accounts, ire services or flood or drainage facilities only niter sought niton to HUD that the records, reports, flies• and other rapers hove not yet been satisfied, or where the provisions of 9 570.802 are exercised, requirements of these sections have been or property of recipients or their sub - met and receipt of authorization to spend grantees and contractors Pertaining to Subpart E—Applications and Criteria for funds for affected activities. If reclpt- funds provided under this Part for the. Discretionary Grants ents receive funds through a letter of purpose of making surveys, audits, ex - credit, the letter of credit shall, at the amination, excerpts and transcripts. time of approval of the application, be (b) Recipient financial management Subpart F_ -Grant Administration in the amount of all grant funds ap- systems shall provide for audits to he § 570.500 Designation of public agency.. proved in the application including those made by the recipient or at his direction One or more public agencies, including portions subject to the environmental to determine, at n minimum, the fiscal existing local public agencies, may be .review provisions of § 570.603, the re- integrity of financial transactions and exists n to by the governor ie a State a quirements of 9 570.607 regarding activi- reports, and the compliance with laws. he ties for which other Federal funds must regulations and administrative require- the chief local government to undertake ieL executive officer of a unit of a be sought, and the provisions of Subpart menta. The recipient will schedule such I. However, these provisions must be sat- audits with reasonable frequency, usually Community Development Program is whose or In part. Notwithstanding such isfied prior to authorized use of funds annually, but not less frequently than whole orIndesignations, the State h unit of gen- by the recipient for affected activitles* once every two years, considering the oral local government shall be the aP- § 570.505 Financial mnungentcnt eye- ac- tivity. nature, udits performed by, orsize, and complexity oatttile di- plicant. and, in the absence of special lents. rection of recipients, for activities fund - circumstances In which there 1s_a legal Each recipient shall be required to ed under this Part may be paid for from Incapacity on the part of the applicant maintain a financial management sys- community development block grants. to accept funds for eligible activities, thes tem which complies with Appendix G but the responsibility for PnYment of grant agreement shall be between HUD of Federal Management Circular 74-7, these audits rests with the recipient. and the state or unit of general local "Standards for Grantee Financial Man- (c) The Secretary shall, at least on government. Such designations do not re- agement Systema' or use the existing an annual basis, audit or arrange for the (leve the State or unit of general local facilities of n constituent municipal, audit of recipients as appropriate. The government of its responsibilities in as county or State government (or unit results of audits made by recgilents suring the administration of the Program thereof) to perform the necessary fiscal resultillch follow audits critm prescribed ip the in accordance with all HUD require- and accounting functions for the secretary will be given full consider'l- ments, including these regulations. grantee. tion In determining the frequency and 570.501 Grant agreement- § 570.506 Progrnm income. scope of audits by the Secretary. Upon approval of the application, the (a) Units of general local government §570.510 lietention of record«. Secretary will authorize the execution of shall be required to return to the Fed- Financial records, supporting docu- a grant agreement. These regulations eral Government interest (except for in- ments, statistical records, and all other become a part of the grant agreement. terest described in paragraph (c) of this records pertinent to the grant program §570.502 Method of payment. section) earned on grant funds ad - (a) Advance payments. Advance pay- vaned by Treasury check or letter of shall be retained years the recipient for a credit in accordance with Appendix E the subm(sslon of the from the date annual perform- ments will be made by either a letter of of Federal Management Circular 74-7. once report, except as follows: credit or by U.S. Treasury checks to re- (b) Proceeds from the sale of per- ceRecords that are the subject of ciplenls when the following conditions sonal property shall be handled in aefind- arc met: cotdance with AppendixN of Federal years aftelr ngs suchafindings have been )rec- (1) The recipient has demonstrated to Management Circular 74-7 pertaining solved. the Secretary, initially through certiflea- to Property Management. (b) Records for nonexpendable prop - tion In a form prescribed by HUD and (c) All other program income earned erty which was acquired with Federal subsequently through performance, its during the grant period, including pro- ant funds shall be retained for three and ability to establish Pro- ceeds from time disposition of real prop- g1 cedures that will minimize the time claps- erty, payments of principal and interest Years niter its final disposition. Ing between the transfer of funds to it on rehabilitation loans, and interest (c) Records for any displaced Person and Its disbursement of such funds: earned on revolving funds, shall be re- shall be retained for three years after he (2) The recipient's financial manage- tamed by the recipient and in accordance has received final payment. went system eels the standards for with the grant agreement; shall be added § 5Y0.511 HUD adminintr+n:•_. • ,•r. see, fund control and accountability pre- to funds committed to the program and for rehabilitation loans nod nr++++++• scribed in Appendix G of Federal Man- be used in accordance with the provisions llteserved] agement Circular 14-7. of this part. § 570.512 Crant clone out procedures. (b) Reimbursement. Recipients which (d) Recipients shall record the re- lncacrvcdl do not meet the above conditions will cetpt and expenditure of revenues re - W toted the program (such re taxes, sPe- Subpart G—Other Program Requirements receive grant payments by U.S. Treasury cial assessment, levies, lines, etc.) as a .§570.6()0 Ah intenance of effort. checks on a reimbursement basis. part of the grant program transactions. Funds made available under this Part § 570.503 Disbursement of advances § 570.507 Procurement standards. shall not be utilized to reduce substan- agninst entitlement. Recipients shall comply with the re- tially the amount of local financial sup - Advances against entitlement made quirements of Appendix O Of Federal Port for community development acpr tivi- available pursuant to € 570.302 will be Management Circular 74-7, "Procure- t es moo& the lev l of such assistance such support I made through the- same disbursement ment standards." FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, `NOVEMBER 13, 1974 f FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 RULES. AND - REGULATIONS .10117 0 570.601 1.1ndinliunn ..n lural upIlan whlcli -lum the affect of nubjDoUlig'llt- aro applicable to all diapinaemeiltur nrtivilirw Sand ennlluRrnry nrconnia..'dividuRla todlacriminntloll oul. the basis sella, bsulnemem. nonproflt orli(nliz(itions. No more than. ten per conturn of the .of race, color, natlonni'origin; or aox, or and farina occurring as a direct result of estimated costa which Fire expected to be have th6 affect: of; defeating yr aubstan- any acquisition of real property assisted Incurred during any program year may. `-.tially impairing accomplishment of the under this Part, be designated for unspeci fled local option objectives of L tileprogram or activity (b) Title III of the Uniform Art and. activities, which ure eligible pursuant towith respect to individuals of n particular the regulations at 24 CPR Part 42 Fire Subpart C. or for a contingency account, race, color, national origin, or sex• applicable to all ucqulsltlon of real prop - for activities designated by the upp11- (3) A recipient, In datorntbttnl( Lilo orty assisted under thla part. cunt pursuant to1570.303(b1. alto or location of housing or facilities (c) The coats of releratlon pnymviits provided in whole or in part with funds Find assistance under'I•itle 11 or the unt- - 570.601 Nondlscrlinhinihm• under this part, may not make selec- form Act shall be paid from funds pre- QO Discrimination prohibited. 'Sec- tions of such site or location which have vlded by this Part and/or such other tion 109 of the Housing and Community the effect of excluding individuals from, funds as may be available to the locality Development Act of 1974 requires that no denying them the benefits of, or sub- from any source. person in the United States shall on the jetting them to discrimination on the 570.603 Environment. Rround of race, color, national origin or ground of race, color, national origin, or sex, be excluded from participation in. sex; or,which have the purpose or effect In order to assure that the policies be denied the benefits of, or be subjected of defeating or substantially impairing of the National Environmental Policy to discrimination under, any program or the accomplishment of the objectives of Act of 1969 are most effectively imple- actf: ity funded in whole or in part with the Act and of this section. mented in connection with the expendi- cornmunity development funds made (4) (1) In administering a program'or ture of funds under this Part the re - available pursuant to this Part. For pur- activity funded in whole or in part with ciptent shall comply with HUD Environ - poses of this section "program or activ- community development block grant mental. Review Procedures (24 CFR Part Ity" is defined as any function conduct- funds regarding which the recipient has 58) leading to certification for the re- ed by an Identifiable administrative unit previously discriminated against persons lease of funds for particular projects. of the recipient, or by any unit of gov- - on the ground of race, color, national These procedures set forth the regula- ernment or private contractor receiving ,origin or sex, the recipient must take Lions, policies, responsibilities and pro - community development funds or loans affirmative action to overcome the effects cedures governing the carrying out of from the recipient. "Funded in whole or of prior discrimination. environmental review responsibilities of In part with community. development (11) Even In the absence of such prior recipients. funds" means that community develop- discrimination, a recipient in adminis- � 670 fiO4 llisulrir preservation. ment funds in any amount in the form tering u program or activity funded In of grants or proceeds from HUD guar- whole or in part with community de- Recipients must take Into account the anteed loans have been transferred by velopment block grant funds should take effect of a project on any district, site, the recipient to an identifiable admin- affirmative action to overcome the effects building, structure, or object listed on istrative unit and disbursed In a program of conditions which would othorwise To- or nominated for listing oil the National or activity. suit in limiting participation by persona Register of Historic Places, maintained (b) Specille discriminatory actions of a particular race, color, national origin by the National Park Service of the U.S. prohibited. (1) A recipient may not, un- or sex. Where previous discriminatory Department of the Interior. Recipients der silly program or aptivity to which the practice or usage tends, on the ground should make every effort to eliminate or regulationa of this part may apply, di- , of race, color, national origin or sex, to minimize any adverse effect on a hiatorlc rectly or through contractual or other exclude Individuals ,from participation property. Activities affecting such proper - arrangements, on the Rround of race, in to deny them the beneflta of, or to ties will be subject to requirements set color, national origin, or sex:subject them to discrimination under forth In g670.604(b). Recipients must (1) Deny any facilities, services, nnan- - any program or activity to which this meet the historic preservation require- cial aid or other benefits provided under part applies, the recipient has an obliga- ments of P.L. 89-665 and the Archeologi- the program or activity. tion to take reasonable action to remove 'overcome cal and Historic Preservation Act of 1974, (11) Provide any facilities, services, fl- or the consequences of the Pub. L. 93-291 and Executive Order nancial aid or other benefits which are prior discriminatory practice or usage, 11593, Including the procedures pre - different, or are provided in a different and to accomplish the purpose of the scribed by the Advisory Council on form from that provided to others under Act. Historic Preservation in 36 CFR Part 800. .the program or activity. (lit) A recipient shall not be prohibited b 570.605 Labor standards. (lit) Subject to segregated or separate by this part from taking ai.y action eligl- ble under 4 570.200 to ameliorate an Im- All laborers and mechanics employed treatment in any facility .in, or in any matter or related to receipt of balance m services or facilities provided by contractors or subcontractors on con - process any service or benefit under the pro -to any geographic area or specific group struction work assisted under this Part gram or activity. of persons within its jurisdiction, where shall be paid wages at rates not less than (iv) Restrict in anyway access to, or the purpose of such action is to overcome those prevailing on similar construction In the enjoyment of any advantage or 'prior discriminatory practice or usage. in the locality as determined by the Sec - privilege enjoyed by others in connec- (5) Notwithstanding anything to the retary of Labor in accordance with the tion with facilities, services, ftnanbial aid contrary In this section, nothing con- Davis -Bacon Act, as amended (40 U.S.C. or other benefits under the program or tained herein shall be construed to pro- 276a -276a-5), and shall receive over - activity. Mbit any recipient from maintaining or time compensation In accordance with (v) Treat an Individual constructing separate living facilities or Con - and subject to the provisions of the Con - from others whethedifferer determining whether the. the rest room facilities for the different sexes. -the tract Work Hours and Safety Standards ti Individual satisfies any admission, enroll- Furthermore, selectivity on basis. of Act (40 U.S.C. 327-332), and the contrac- t Ment, eligibility, membership, or other . sex Is not prohibited when institutional tors and subcontractors shall comply requirement or condition which individ- `or custodial services can properly be per- with all regulations issued pursuant to oats must meet in order to be provided formed only by a member of the same sex as the recipients the these Acts and with other applicable Federal laws and regulations pertaining any facilities, services or other benefit of services. to labor standards. Tills section shall ap- provided under the program or activity. § 570.602 Relocation and acquisition. ply to the rehabilitation of residential ( v11 Deny an opportunity to partici- (a) Title 11 of the Uniform Relocation property only If such property is de - pate In a program or activity as an em- Assistance and Real Property Acquisi- signed for residential use of eight or more ployee. tion Policies Act of 1970 (40 U.S.C. 4601) , families. The Secretary of Labor has, (2) A recipient may not utilize crf-- hereafter referred to as the Uniform Act, with respect to the labor standards teria or methods of administration , and the regulations at 24 CFR Part 42 specified in this section, the authority FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 d01•iR RULES AND. REGULATIONS x „ and fmlctlons set forth In Reorganlza- Subpart H—loan Guarantees the reVeMICS aro unencumbered by un)• tion Plan Number 14 of 1950 (5 U.S.C. r ltiperfor x.110111 1111der 1111. 1111 -due; 11nd § 1170.700 l'sli(tihleeppllcanls. 133z-15) and section 2 of the Act of (3) Thu 111111, of goneral local Rovers - June 13, 1934• an amended x40 U.S.C. Unitn of general local government, lnentpledgns the prorcedn of any Rriulln 276ct which are eligible for grant assistance rte to which It may bernmo eligible miller Rpentiled In Subpart B. may apply for this for the repayment of anv antomils r § 570.(,06 Arrhilrrinrul Rarrivrm Art ofloanh sub rt. A - a p(► under t to 1 .e t( d p nnlslat c required to be paid by thn It n 111r fl .lu nr r hie t w I 10611. plicnLlons may vino be made by public United Ftt.nten puriniant to it.a g11arrulter• Tim Archituetural Ilarriern Act of 1908, aRcmclen designated by such units of and which are not othe.rwlsn fully re - 42 U.H.C. 4161 IR 11Ppllr1&ble to ttesistanco gennral local government if he unit of Haid whun duo purnunnt to nalnpruphs under thin Yart and requires that the general local government certifies that (c) 11) and (21 of thin section. devign of any facility constructed with It doesnothave the legal capacity to § 570 7(1(1 Federal glulrnnirr funds from this title comply with the carry out the activities for which the "American Standard Specification for loan assistance is being made available The full faith and credit of the United Making Buildings and Facilities Acces- and/or to accept the loan assistance. States !s pledged to the payment of all sible. and Usable by the Physically Han- § 570.701 Application requiremenbl. g'uaranteez made under this section. Any dlcapped," Number A-117.1-1901, as such guarantee made by the secretary modified (41 CFR 101-17.703). (a) Timinp of submission of loan ap- shall be conclusive evidence of the eligl- plication. Applications for loan guaran- bility of the obllg.Llong for such guaran- 570.607 Aetivitie.- for whil•6 utbrr § • tees must be submitted at the time of tee with respect to prinblpal and interest, Federal fund.- must lac nought' submission of an application for grant and validity of any such guarantee so A recipient may use community devel- funds as specified 1n Subparts D and E. made shall be incontestable 1n he hands opment funds for the provision of pub- (b) .Submission requirements. Appli- of. a holder of the guaranteed obliga- lic services as described in 4 570.200(a) cations for loan guarantees must be tions. (8) for activities (other than those pre- made in the form prescribed by HUD.§ 570.704• Marketing of notes and iawr- vlously approved under the model cities Units of general local government will ext rales. illeservcd] program and described In 1570.200(b)) ; be required to furnish frill faith and or for flood or drainage facilities as de- credit pledges, or pledges of revenues ap- ; 570.705 Grants for taxable ahlign- scrlbed in 1570.200(a) (2), provided proved by HUD, pursuant to 4 570.702 tions. [Reserved) ' that: (c) • - Subpart I --- Rnanclal Settlement of Urban (a) The recipient has applied or in- § 570.702 Guaranteed loan amount. Renewal Projects quired in writing to the Federal agency or agencies which conduct a program or (a) _ Etip{bee costs. Guarantees of § 570.800 General. programs most likely to meet the needs loans may be made to cover the costs for This subpart contains regulations gov- for which community • development acquisition or assembly of real property erring the transition from the urban re- funds are being considered, or of the and the related expenses of Interest, newel and neighborhood development State or local agency or agencies, if demolition, relocation, and . Bite im- programs (NDP) pursuant to Title I of any, which customarily receive funds provements, as identified and 'approved the Housing Act of 1949, as amended to from such programs and administer in the grant application. the programs undertaken pursuant to them within the recipient's Jurisdiction. (b) Prohibition on loans to benefit this Part. (b) The recipient has received (1) a private Individuals or corporations. No § 570.801 Projector which a„11 h1• roal- wrltten statement of rejection from such guarantee shall be issued In behalf of pleled without additional rupisll Federal, State or local agency; (2) a any agency designed to benefit, in or by Grants. written statement that funds cannot be the flotation of any Issue, a private Inde- vidual or corporation. (a) Urban renewal and NDP projects made available for at least 90 days after the request; or (3) no response from the (c) Security requirements. No guar- which can be completed without addi- Federal, State or local agency within a antee or commitment to guarantee shall tional capital grants may continue to completion under the exdsting contracts 90 day period from the date of applica- be made unless: executed under Title I of the Housing tion or inquiry; and (1) The Secretary has reserved and Act of 1949, as amended. (c) The recipient has .notified HUD withheld; from the applicant's entitle- (b) At the request of the local public of the results of the application or ment ordiscretionary amount for the agency (IPPA) carrying out the project, inquiry. applicable program year, for the purpose approval of t body governinnment § 570.608 (latch Art.' of paying he guaranteed obligations (in- leading interest), an amount which Is at fit he unit Blocal ov of Neither the Community Program nor least equal to 110 percent of the differ- in which the project is located, the See- the funds provided therefor, nor the encs between the cost of land acquisition rotary may approve a financial settle - personnel employed In the administra- and related expenses and he estimated ment of the project if a surplus of capital tion of the program shall be in any way disposition proceeds, which amount may grant funds will result after full repay - loan indebtedness. or to any extent engaged in the conduct subsequently be increased by the Secre- ment of temporary The form of the request for financial of political activities In contravention of Chapter 15 Title 5, United States tary to the extent he determines such in- settlement will be prescribed by the See - of Code, crease: Is necessary or appropriate be- cause of any tmanticipated, ttlaJor reduc- rotary. uncial settlements so requested s § 570.609 National [food Insurance Pro- tion in such estimated disposition - shall be made at the discretion of the Secretary. gram. proceeds; _ (1) Disbursement and use surplus The provisions of he Flood Disaster (2) The unit of general local govern- t Surplus grant funds re inadee Protection Act of 1973 (Pub. I,.93-234) meat pledges its full faith and credit be m after financial settlement will m afe and the regulations thereunder (24 CFR or revenues .approved by the Secretary a available to the unit of general iota] r Chapter R, Subpart B) apply to assist- for the repayment of any amounts re- government for use In accordance with once under this part. quired to be paid by the United States the provisions of this ParL. pursuant to its guarantee as Is equal to and 570.610 Clean Air Act and Federal the difference between the principal (1) Entitlement recipients. Entitle - Water Pollution (control Act. amount of -the guaranteed loan and in- ment recipients may use surplus funds The recipient must comply with the terest thereon and he amount to be re- for activities previously approved in provisions of the Clean Air Act, as served and withheld tinder the preceding their application as specified in Subpart amended (42 U.S.C. 1857 et seq.), and paragraph. If revenues. are pledged, the D. If activities not previously approved the Federal Water Pollution Control Act, applicant must submit' evidence to the are to be undertaken with surplus funds, as amended (33 U.S.C. 1251 et seq.) , and satisfaction of he Secretary that: (1) der (40 CFR There Is a reasonable expectation that the regulations thereunder ll the recipient may either follow the Part 15). the revenues will be available; and 01) amendment policy as specified in 1570. - FEDERAL REGISTER, VOL 39,NO. 220—WEDNESDAY, NOVEMBER 13, 1974 ;105, or it cony include the Proposed use local government and�the local Public order to minimize hardships to such per- of surplus funds in the first application agency deduct up to 20 pereent'from the sons In adjustingdisplaced a relocation: r for entitlement funds which--;Is-1-sub- unit, of general local governmont's en- (0) All displaced persons received n11 ulW.ed after fluauclal settlement, If the tllletuant fundis in any fiscal .year for Were entitled in tion It prompt milliner: ayments to eW1P.Y unit of general local government wlBhcs nl pllrntlon to outstanding temPou�Y (7) Dlepincement and rrkxatt.lun a<:- to stilge the use of surplus urban renewal loans plus accrued, over a period o! re- years, It may 'W - (n) Deductions at the rogtu:at of the tivlties under the oommUoILY develop - funds ucst the Secretaryf make the fu re-nds locality. '['nue Becrotary. 1s authorlred to went program were coordinitti with ex avulluble on a schedule specified by the make deductions from_a unit of general these of other carrying nut t prouw hh unlL of gcuernl local government. In this local government's entitlement for ro- the community carrying out pmgratns event, the application or amendment payment of temporary loans plus accrued resulting to concurrent dlspincement; and uno;t lurwde only the surplus funds to interest 1[.the local public agency carry - he used In the program year covered by Ing out the project submits to the Secre- (8) A locally developed administra- the application. The use of remaining tary a request which Is concurred in by Live review process provides full oppor- surplus funds will be governed by.sub the governing body of the unit of general tunity for displaced persons to obtain re- nt Yes' applications. Amounts not local government. consideration of determinations as to scqueyears' Neque Identified ar the application or amend- (d) Release from contractual obliva- their eligibility for, or the amount of, a meat will be obligated to the recipient tions under Title I of the Housing Act of relocation Payment made and conde- Won of complaints regarding thee ade- by contract and reserved until the use 1949. Prior to financial settlement of the of funds 15 included In an approved the ect, the LPA theerequirem requirements _ will which must ess otiate with assures Whay of t complains of displaced application. be. met for completion of the project persons are handled in a timely and re - (11) Non -Entitlement communities. under the contract executed under Title sponsive manner, that conflicts are re - Surplus funds resulting from a financial I of the Housing Act of 1949, as amended, solved fairly and expeditiously, that the settlement under this section will be in accordance with 4 570803recipient will review determinations .. made available to a unit of general local upon request, and that an appeal may be government which receives no entitle- .§'570.803 Requirements for Comple- made to the HUD Area Office when merit amount under Subpart 8 upon ap- tion of Projects Priorto Financial necessary. proval of an application as apeclfled In Settlement Lifeserved]. (b) Acquisition. Local acquisition Subpart E. Applications and Criteria for Subpart J—Program Management policy complies with Title IIT of the Discretionary (Grants. Uniform Relocation Assistance and Real (2) Release from contractual obZfga- § 570.900 Performance Standards. Property Acquisition Policies Act of 1970. films under Title I of the Housing Act of Performance standards are the stand- (c) Equal opportunity. (1) The recipi- 1949. Prior to financial settlement of the ards against which the Secretary will ent will be required to document the project, the Secretary will negotiate with determine whether the recipient has actions undertaken to assure that no the GPA the requirements which must be complied with the specific requirements person, on the ground of race, color, na- met for completion of the project under of this Part. Performance standards are tional origin, religion, or sex, has been tike contract executed under Title I of operational program requirements com- excluded from Participation in, denied the Ilousing Act of 1949, as amended, In plementing the simpilfied application the benefits of, or otherwise subjected to accordance with J 570.803. review requirements of this part which discrimination under any activity funded t; 570.002 Projects L whirit cannot be are designed to provide financial assist- under this Part, Such documentation compirtrd without additional eapihd anon, with maximum certainty and min- should indicate: grants• imum delay, upon which communities (ll Any methods of administration de - (a) Use of funds by locality. Units of can rely in their planning. The 14ecre- signed to assure that no person, on the general local government may use funds tary's review of performance against the ground of race, color, national origin or made av'alable under this Part to com- standards set forth in this section will sex, has been excluded from participa- plete projects funded: under- Title I of serve as the basic assurance that grants tion in, denied the benefits of, or other - the Housing Act of 1949, as amended, as . .b areeing used properly to achieve the wise subjected to discrimination under specifically authorized by tl 570.200(a) objectives .of this Part. The Secretary any activity funded under this Part. c10>. may, either during or, after performance, (ti) Criteria used in selecting sites for review, monitor, and evaluate the recipi- public facilities designed to further the (b) HUD review of locality's intended ent's'community development program• accomplishment of the objectives of the ales o1 /ands. The Secretary will review The Secretary will use the following programs or activities conducted under the application submitted pursuant to 4 570.303 to determine whether the unit standards in determining compliance this Part with respect to any identifiable 1 general local determine use of with this Part of the recipient's perform- segment of the total group of lower -in - funds will be al gonericient m protect the ance, including determinations under come persons in the community, Federal ill Government's financial a ter he 4 570.911. (iii) Any actions undertaken to over- Federal existing urban renewal financial projeinterest n. The (a) Relocation. The recipient has es- come the effects of conditions which may Federal Government's financial interest tablished operating procedures under have resulted in limited participation, in In the existing urban renewal projects which: the past, in programa or activities of the shall be determined to be sufficiently (1) All displaced persona were pro- type funded under this Part, by any Iden - protected If the unit of general local vided sufficient information in an amim- tifiable segment of the total group of government's proposed use of funds will liable form so that they fully understood lower -Income persona in the community. ultimately result in full repayment of the reason for their displacement and the (tv) Any actions undertaken to pro- outsLanding temporary loans plus ac- relocation rights, Payments, and assist- mote equal employment opportunities for crued interest. In the event that frill re- ance to which they, were ntitled' any Identifiable segment of the total payment of outstanding temporary loans (2) All displaced persona received for- group of lower-income persona in tho 7 is proposed to be accomplished over mal notice establishing their eligibility community. a period of more than three years, for relocation payments; (2) The recipient will be required to the Proposed use of funds for pay- (3) All displaced families and Individ- document the actions undertaken to fur- ment of interest on outstanding tempo- ua]a.were Provided a reasonable number ther fair housing. Such documentation rary loans until full repayment can be Of referrals to comparable decent, sae, should indicate: accomplished shall be reviewed. If he and sanitary housing and were provided (I) Any actions undertaken to encour- determfnes that the unit of general local assistance in obtaining such housing; age the development and enforcement of government's Intended use of funds does (4) All displaced businesses, organiza- fair housing laws. not sufficiently protect the Federal tions, and farm operations were offered (if) Any actions taken to Prevent dis- Clovernment's financial interest in the assistance in obtaining replacement loca- crimination In housing and related facili- existing urban renewal project, the tions; ties developed and operated with assist - Secretary may, after consultation with (5) All displaced persons were pro- ance under this Part, and in the lend - the chief executive of the unit of general vided appropriate advisory services in Ing Practices, with respect to residential FEDERAL REGISTER, VOL. 39, NO.. 220—WEDNESDAY, NOVEMBER 13, 1974 40150 RULES AND:REGULATIONS nd businesses re- report for release as public ]nfI Itthe property and related facilities, of lend- 1n ing institutions. oc (lit) Any action taken to assure that loc land Use ograms do funded underdthis VPa t provideelopment rgr n er pr housing opportunities throughout the planning area for any identifiable seg- is ment of the total group of lower-income be persons in the community. re (h) Any site selection policies adopted A to promote equal opportunity In housing. of (d) Citizen participation. ill A local U citizen participation plan has been de- 1 veloped and made public. The recipient a shall specify in the plan how it intends a to meet the citizen participation rc- b quirements Of this ive of a t metable specifying'.(1) When�and how fi Information will be disseminated con- i cerning the amount of funds available for projects that may be undertaken, along s with other important program requfre- ments: (11) when in the initial stage of the planning process public hearings will be held: (111) whey) and how citizens will have an opportunity to participate in the development of the application prior to submission: (iv) when and how any technical assistance the recipient may choose to provide. will be made available to nsclst citizen participants to under- stand program requirements such as Davis -Bacon. environmental policies, equal opportunity requirements, reloea- tton provisions and like irements, in tl a pr applt at on process Uat d (v) the nature and timing of citizen participation In the development of any future com- munity development program amend- ments, lncludtng reallocation of funds and designation of new activities or locations. (2) A local process has bceu developed which permits citizens likely to be af- fected by community development and housing activities, including low and moderate income persons, to articulate needs, express preferences about pro- posed activities, assist in the selection of priorities. and otherwise participate In the development of the application, and hgve Individual and other complaints answered in a timely and responsive manner. (Applicants may wish to pro- vide bilingual opportunities for citizen participation, If feasible, where stgnift- cant numbers of non-English speaking PersoIle affected by com- mu ItY de eloare pmely nt P grra activities.) § 570.905 Rrpurtr to be nubmiticd fly recipient. (a) General. Recipients will subml such reports. including litigation repos as the Secretary may require. (b) Financial management. Each re cipient shall submit such financial re ports as are deemed necessary by th Secretary. consistent with the require ments of Federal Management Circula 74-7. (c) Relocation and acquisition report Recipients will report at least annuall ib d b the Secreta numbers of persons a aced, numbers remaining in the-re- ation workload; and a general break wn of relocation costs and on real operty acquired. (d) Equal opportunity reports. Reeip- nts shall. submit such reports as may necessary,: pursuant to the rules and gulatlons under Title VI, Civil Rights Ac of 1964; Title VIII. Civil Rights Act 1968; Section 3 of the Housing and rban Development Act of 1968; Section 09 of the Act, Execuvtie Order 11246 as mended, and Executive Order 11063, or ny reports as may be further prescribed y the Secretary. 570.906 Annual perforu(anee rrpurt. and make such copies available public at no charge. 4 57(1!)07 Itevorvl+ to be uu(inlained hr rreipietll- (a) Financial uulllage.1nent. RcclplcnL% are to mlah)tnin records. In accordance with Federal Management Circular 74-7, Attachment G. which Identify adequately the source and application of funds for grant supported activities. These records shall contain information pertaining to grant awards and authorizations. obli- gations, unobligated balances, asset%, liabilities, outlays, and income. (b) Citizen participation. Recipient.% shall maintain the following records with ttf en Participation re - (a) Submission. Prior to the begin- rc. rIng of fiscal year 1977 and prior to each qU fiscal year thereafter, each recipient shall in ubmit a performance report. (a) Submission. Beginning with the co Dpplication submitted in Fiscal Year a 1976, and each fiscal year thereafter, nn each recipient shall submit a perform- o1 Once report. (b) Contents—(1) Progress on planned activities. The recipient shall indi- a cate, on a form prescribed by HUD, prog- n res.% on each of the activities that were to be carried out pursuant to its aP- o proved application for the Previous fiscal t year, . including requirements described g In 4 570.305(b). (2) Recipient Assessment. The per- formance report must include the re- r cipient's assessment of the effectiveness of the program of community develop- ment activities conducted under this Part in meeting the objectives of this Part and the needs and objectives identi- fled In the recipient's previous fiscal year application for funding under this part. (3) Housing Assistance Provided. If the recipient's last application indicated that any housing assistance planned the performance reporthouldlindia e, on a form prescribed by HUD, progress in providing such assistance. (4) Listing o1 Environmental Reviews. The performance should on a form prescribed bytHUD he nature and status of all environmental reviews, including historic preservation reviews, and status of. all environmental reviews required on projects funded pursuant to this part. (5) Equal Opportunity. The recipient shall indicate compliance with the per- t formance standards outlined in 4 570.900 reports (c). (6) Citizen Participation. The recipient - formahall n eicate standa dscompliance outlinedwith in 4 570.900 e W. - (c) Public information. The recipient r submission of the annual performance the time freport make public S. notice of the availability of the report y for examination by the public. The recip- on aform Prescr e y ry fent will keep copies of the performance spect to the c z lretnents outilncd 1n 4 570.9001 d) (1) narrative or other records deserlb- g the process used to Inform citizens ncerning the amount of funds avail - le for proposed community develop- ent and housing activities, the range of cLivitics that may be undertaken, and her important program requirements. (2) records of public hearings held to btafn the views of citizens on cummu- ity development and housing needs. (3) narrative or other records of the pportunittes provided citizens to par- icipate in the development of block rant applications. (c) Other resources. All recipients. under the provisions of 4 570.303(b), are equired to set forth a community de- velopment program which includes ac- tivities to be undertaken to meet identl- fiea community development needs and objectives and Indicates resources other than block grants which are expected to be made available toward meeting identi- fled needs and objectives. Records shall be maintained in s form prescribed by HUD which indicate what amount of the resources indicated in the previous ap- plication were annually provided for community development activities and for which activities they were used. (d) Relocation. The recipient shat] maintain a management control mecha- nism that indicates the overall status of the relocation workload and a separate relocation record for each person, busi- ness. organization, and farm operation displaced or in the relocation workload as a result of activities as described in § 570.602(a). Each separate record shall include: (1) Name, address, and relocation needs of person(s) to be displaced: a de- scription of the services and assistance provided: a statement of the type and amount of relocation payments made: and the location and a description of the replacement dwelling or nonresidential accommodation to which the Person(s) relocated. (2) The pertinent claim form(s) and supporting documentation submitted by the displaced person and a copy of the worksheet or other document used by the FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 L s L 40151 recipient to determine eligibility for and q) Record-keeping perfod. Itecordss re- (3) Site visits and inspections on n` retained under this section routine snmpilnR tulate including inter - the amount of the payment(a) mads"qulred'to,be Payment(R)grievanfiled �' shall be kept for: a period of three years. views with citizens and local officials. (3) A copy of any the displaced Person, a description Of the or such longer period as BUD may re- §570.910 Evafrrurion by 11111). actions taken to resolve it, and a copy of quire In specific eases. (a) The Secretary skull. In addition to all pertinent determinatlona. § 570.900 , RUi) ite ort. Ute.rrverl 1. hLv annual reviews and audits, evnluute t (c) Achefol ow Recipients, onefileshall 570 9(W Sorretsriel review mrd moni- proaratne conducted under this Part and the following records concerning § their effectiveness In umeting the objec- contain by property acqufeitton governed by toring of recipient'■ performnnee, Lives of this Part. rcal the provisions of 1570.003 .6 (a) General. The Secretary will re- (b) The secretary may conduct such (1) invitation to owner to accompany view each recipient's annual perform- evaluation using HUD personnel, or by appraiser during inspection. ante. The review of the recipient's Per- contract or other arrangement with Pub - (2) Property appraisal. formance will take place where Possible, lie or private agencies. (3) statement of basis for the deter- prior to approval of the succeeding year's (e) Recipients under Lhis Part may be urination of just compensation• application for grant required to supply data or make avail - (4) written offer of just- compensa- (b) Objective. The review system 1s de- able such records as aro necessary for Lion. signed to determine: the accurate completion of these evAlua- (5) Purchase agreement, deed, dec- (1) Whether the recipient has carried tions. laration of taking. and any similar or re- out a program substantially as described § 570.911 Secretnrinl adjusimrnt of an- lated documents involving conveyance. to its application; cost reporting state- (2) Whether that program conformed mini grants. (6) Settlement meat. to the requirements of this Part and When the Secretary determines on the basis of such reviews and audits (7) Notice to surrender possession Of other applicable laws and regulations; Whether the recipient has demon- as may be necessary or appropriate, that premises. (U Equal opportunity. (1) The recfpt- (3) strated a continuing capacity to carry the recipient has not carried out a pro- as described In its ent shnll malntuln demographic data by out in n timely manner the approved To gram substantially application, that the Program did not etudes trucL. The data shall include pre- charaeteristica relat- community development Program. determine the reclplent's continuing ca- conform to the requirements of the Act Vltllitrri population Ing to race, cthnlr. group, sex, age, and pacity, the secretary will consider: and other applicable laws, or that the does not have a continuing head or household. shall maintain ra- (1) The recipient's Performance in moving activities Into execution or ac- recipient capacity to carry out in it timely manner (2) The recipient tial, ethnic, and gender data showing compllshing activities undertaken as a the approved community development he then may make appropriate the extent to which these rategorics of part of the community development pro- program, adjustment in the amount of the annual persona have Pnrttclpated In, or bene- from. Programs and activfttca gram In substantial conformance with the recipient's schedule or timetable for grants In accordance with his findings flted funded under this Part. its activities; and pursuant to such reviews and audits. Ad - justments may be made In annual grants (3) The recipient shall maintain data In (li) The rectplen:'s performance in for the current program the which records its affirmative action equal opportunity employment. Including utilizing its resources. Including funds received under this Part, at a rate which , or, both. forthcoming program period, or Where the determination involves a fa ll - but not limited to employment, upgrad- indleates substantial conformance with urs to comply substantially with any Ing, demotions, transfers, recruitment or the recipient's planned rate of expendi- r of the Act thea provisions of recruitment advertising, layoffs or ter- ture or utilization.provision 570.913 shall apply. minations. pay or other compensation,1 and selection for training. In making determinations concerning a § 570.912 Nondiscrimination compli- (4) The recipient shall maintain data recipient's continuing capacity, the See- ante. which records its good faith efforts to retary will be guided by the experience recipients of similar size with Whenever the Secretary determines identify, train and/or hire lower-income of the project area and to uti- of other similar entitlement amounts as judged that a State or unit of general local government which is a recipient of residents lize.business concerns which are located by the above factors. Where a recipient's either grant or loan assistance under in or owned in substantial part by per- performance with respect to the abovehat this Part has felled to comply with sons residing In the area of the project. substantially be nd t of simfinr lags the provisions of 1 570.601, he shall (g) Labor Standards. Recipients shall for res- son the Secretary recipients, or fora further infer- notify the Governor of such State or maintain records regarding compliance contractors performing construe- oration, the Secretary may require matiosubmi, t the chief executive officer of such unit of general local government of of all tion work with grant funds, with the oh- of additional information the administrative, planning, the noncompliance and shrill request ligattons Imposed upon them by concerning d budgeting, management, and evaluation the Governor or the chief executive of - to compliance. if within a 4 570.605. (h) Unavaflabit(tp of oth.cr .Federal functions of the recipient determine racer secure reasonable period of time, not to exceed assistance.. Recipients using funds pro- a lack of capacity le the source whether the it lack of substantial tot a sourcenonper- the sixty days, the Governor or the chief ex- vided under this Part for the provision services as described in 1570.- of cr The Secretary shall further the ecutive officer falls or refuses to secure compliance, tate Secretary Is authorized or Public tH) (n, for the con- determine by this review If action on to the refer the matter to the Attorney reconstruction. or nstaltion, str installation offlood part of the recipient eliminate causes of substantial nonperformance Gento eral an i recommendation that d, civil action Instituted: of flood and drainage facilities as de- nddrainage ci scribed In 1 570.200(a) (2), shall main- will satisfy the requirement of a finding that the necessary capacity to cavy out appropriate a (b) �� the powers and functions (b) exercise Lain records of compliance with the pro- as set forth in 1570.607 Indicat- in a timely manner its community devel- Provided by Title VZ of the Civil exers Act of 1984 (42 U.S.C. 20004) ; (c> exer- cedures ing that assistance for such facilities opment program is s»cceeding Years else the powers and functions provided under other Pederal laws or programs is exists (c) Basis for Review. Each recipient for In 1 570.913; or (d) take such may be provided by unavailable. (1) OMB Circular A-95 comments. The shall assist the Secretary in Performing other action as law. When a matter is referred to the recipient shall retain copies of all letters, his review function With respect to: Attorney General pursuant to the pre - correspondence, or other records received (1) Rev1ew of reports and records of ceding sentence, or whenever he has rea- as a result of review of the community recipients; son to believe that a state government development Program application by the .(2) Review of certification by the re- or unit of general local government is en - in a pattern or practice to viola - appropriate clearinghouse pursuant to the provisions of OhM Circular A-95. clpient of conformance to applicable laws and regulations; gaged tion of the provisions Of 1570.601(a), FEDERAL REGISTER, VOL. 39, NO. 120—WEDNESDAY, NOVEMBER 13, 1974 the Attorney General may bring a civil ing and hii has been Recorded an"op' matlon to form a belief when In fact action In any appropriate United States portunity to-demonstrate or achieve It possesses such information. The re- district court for such relief aim may be complinnee with the requirements of the spondent may also state ailhinatively appropriate. Including Injunctive relief. Act and of this part. If the recipient special matters of defense. failsto meet the requirements of the (111) Failure to deny or answer allcya- 570.9 13 01lier r.vnrdirs for 000rnm- Act and regulations within such reason- tion In the complaint. Every allegation pliunrr able time as may be specified by the In the complaint which Is not denied in (a) Secretariat referral to lite Attor- Secretary, a proceeding shall be initi- the answer shall be deemed to be ad- ney General. The Secretary may, if he ated. Suchproceedingshall be Instituted mitted and may be considered as proved, has reason to believe that a recipient by the Secretary by a complaint which and no further evidence In respect of has failed to comply substantially with names the recipient as the respondent. such allegation need be adduced at a any provision of the Act, refer the mat- (3) A complaint shall give a plain and hearing. ter to the Attorney General of the United concise description of the allegations • (iv) Failure to file answer. Failure to States with a recommendation that an which constitute the basis for the pro- file an answer within the time prescribed appropriate civil action be Instituted. ceeding. A complaint shall- be deemed in the complaint, except as the time for Upon such a referral the Attorney sufficient if it fairly informs the respond- answer Is extended under 4 570.913(c) (5) General may bring a civil action in any ent of the charges against it so that 1t (1), shall constitute an admission of the United States district court having venue 1s able to prepare a defense to the allegations of the complaint and a waiver thereof for such relief as may be appro- charges. Notification shall be given In of hearing, and the administrative law priate, including an action to recover the the complaint as to the place and time judge shall make his findings and dec)- amount of the assistance furnished within which the respondent shall file its sion by default without a hearing or under this Part which was not expended answer, which time shall be not less than further procedure. in accordance with it, or for mandatory 30 days from the date of service of the (v) Reply to answer. No reply to the or Injunctive relief, complaint. The complaint shall also con- respondent's answer is required unless (b) Secretarial actions on payments. tain notice that a decision by default the administrative law judge so requests. It the Secretary finds a recipient has will be rendered against the respondent Otherwise, the Secretary may file a reply failed to comply substantially with any In the event it falls to file its answer as in his discretion, but in any event within provision of this Part, he may, provided required. 10 days from his receipt of respondent's his finding of failure to comply Is made (4) (1) Service of Complaint. The answer. after reasonable notice and opportunity complaint or a true copy therefore may (vi) Referral to administralive law for hearing. be served upon the respondent registered or by certified mail, return receipt re- judge. Upon receipt of the answer by the a r (1) Terminate payments to tho recap- quested; or it may be served In any other Secretary or upon flung reply one is fent: or manner which has been agreed to 1n deemed necessary, or upon failure of the (2) Reduce payments to the recipient writing by the respondent. Where the respondent to file an answer within the by an amount equal to the amount of service is by certified mail, the return time prescribed In the complaint or as such payments which were not ex- Postal Service receipt duly signed on be- extended under 4 570.9I3(c) (5) (1), the pended In accordance with this- Part; half of the respondent shall be proof of complaint (and answer, If one is flled) or ser ic shall be referred to the administrative (3) Limit the availability of pay- . 1) Service o/ Papers other than com- ll () law judge. Where an answer has been ments to programs, projects, or activi- plaint. Any paper other than the com- filed, the administrative law judge shall ties not affected by such failure to plaint may be served upon the respondent set a time and place for hearing and comply or upon its attorney of record by regis- shall serve notice thereof upon the par- The following regulations govern the tered or certified mail, return receipt re- ties at least 15 days in advance of the procedure and practice requirements quested. Such mailing shall constitute hearing date. Involving adjudications where the Secre- complete service. (e) (1) If it appears to the Secretary tary desires to take action requiring rea- (111) Filing of papers. Whenever the fit- that the respondent in Its answer falsely sonable notice and opportunity for Ing of a paper Is required or permitted in and In bad faith, denies a material alle- hearing. The regulations In this part connection with a proceeding under this gation of fact in the complaint or states shall be liberally construed to secure Part, and the place of filing is not spec!- that It has no knowledge suilicient to just, expeditious, and efficient determl- fled in this subpart or by role or order form a belief, when in fact It does possess nation of the issues presented. The Ad- of the administrative .law judge, the such information, or If it appears that ministrative Procedure Act (5 U.S.C. 551 paper shall be filed with the Secretary, the respondent has knowingly introduced et seq.) where applicable shall be a guide Washington, D.C. 20410. All papers shall false testimony during the proceedings, in any situation not provided for or con- be filed in duplicate. the Secretary may thereupon file supple- trolled by this subpart, but shall be lib- (iv) Motions and Requests. Motions mental charges against the respondent. erally construed or relaxed when neces- and requests shall be filed with the des- Such supplemental charges may be tried sary. ignated administrative law judge, ex- with other charges in the case, provided (c) Reasonable notice and opportu- cept that an application to extend the the respondent is given due notice pity for hearing. (1) Whenever the Sec- time for filing an answer shall be filed thereof and is afforded an opportunity retary has reason to believe that a with the Secretary pursuant to 1670.913 to prepare its defense thereto. recipient has failed to comply substan- (c) (4) (111). (if) In the case of a variance between tially with any section of the Act or of (5) (1) Filing. The respondent's an- the allegations In a pleading and the the provisions of this part, and that swer shall be filed In writing within the evidence adduced In support of the plead - termination. reduction, or limiting the time specified In the complaint, unless Ing, the administrative law judge may availability of payments Is required,' he on application the time Is extended by order or authorize amendment of the shall give reasonable notice and oppor- the Secretary. The respondent's answer pleading to conform to the evidence: tunity of hearing to such recipient prior shall be filed In duplicate with the Provided, The party that would other- to the invocation of any sanction under Secretary. wise be prejudiced by the amendment 1s the Act. (11)- Contents. The answer shall con- given reasonable opportunity to meet the (2) Except in proceedings involving tafn a statement of. facts which consti- allegation of the pleading as amended. willfulness or those in which` the pub-. tute the grounds of defense, and it shall The administrative law judge shall make lie interest requires otherwise, a pro- specifically admit or deny each allegation findings on any issue presented by the ceeding under this part will not be in- set forth in the complaint, except that pleadings as so amended. stituted until such facts or conduct the respondent shall not deny a material (fit) A respondent may appear In per- which may warrant such action have allegation in the complaint which it son through its chief executive officer been called to the attention of the chief knows to be true; nor shall a respondent and must be represented by counsel. Re- executive officer of the recipient in writ- state that It Is without sufficient infor- spondent's counsel may also appear as a FEDERAL REGISTER, VOL. 39, NO. 220—WEDNESDAY, NOVEMBER 13, 1974 witness m colo r• �_-- by -Gencc - shall be represented the C3cner ellmtnato the necesalty of taking e vi Counsel of HUD. otoers• with respect to allegations of facts con- to writing, and dePosttions may en e (d) Administrative Law judge, P (1) App atimb d by ive law dispute. The administrative law Judge Places mulunlly agreed to by the parties. Appointment. An administrative ]aS. with respect which there is no substantial taken from the persons and at times an sect Judi appointed AS p deposition is taken upon written inter - 11 appropriate, throughout the hear - 11 ;a the appointed Adminas provided Procedure Act shall take similar action, where it ap- (2) ll'ritten interrogatories. When e (5 U.s.C• 31051, shall conduct proceed- P be uixm arll.tcr, IuLrrrntinl �rlrs. Collies of farences which ho deems advisable with n Ings upon coupdnlnts filed under this in and shall call and conduct tiny con- H°g ht°wrll.Lntiy Interruunl.orl,1�`S.io11li -hall be subpart• view to the si ill)II attnn, clnrlfirnt.ton, (2) Pornrr:+ n/ adrnlnlstragac lata and dlsposll,lOn of any of the Iss"a served oven tile oLhc( V wrI en r the _ judlic. AmanH other powern provided by Involved. notice., and Copies of any written rroxs- the ndmintxtrattvo inw_judgte's ILu- (fl F,UidCttce, t I) Any evidence which interrogatories shall be nu(Iled by first law, class n)a11 or delivered to the Opposing tiiortty, lir connection With tiny a e' would be admissible under the rides of c arty at least a days before the date of Ing under this sub evidence governtng prooeedinBs i 1n )tile g the depositions, unless tile Parties authority to: tern not involving trial by Jury mu6t�nlly agree otherwise. A party ton �- 4J) Administer oaths and affirmations; n t motions and Courts of the United States, shall be ad- ril) Making ruling upon missfbie and controlling as far as Poss1- whose behalf a deposition 1s taken must such ble: Provided that, the administrative law nle witli tl:e administrative law Judge requests. Prior to the close of the hear- ing no appeal shall. lie from any and serve one copy upon the opposing in extraordi- Ing when 1n his Judgment, such relaxa- party. Expenses In the reporting of depo- ruling except, at the discretion of the Judge may relax such Arles in any hear - law Judge. tion would not impair the rights of either sitiotls shell be borne by the party at nary circumstances: arty and would more speedliY conclude whose instance the deposition is taken. (ill) Determine the time and place of the car 9. or would better serve the (h) stenographic record; oath of re- hearing and regulate its course and con- ends of Justice. Evidence which is irrele- porter, transcript. (1) In gene hearing A duct. in determining the place of It vent, immaterial or unduly repetitious sLenogt'n11111c record shall be made of the in the administrative law Judge may shall be excluded by the adminintrativo testimony and proceedings, including take Into consideration the requ oceans late lodge. stipulations and adnilssions of fact in all convenience of the respondent (2) Depositlotts. Tho deposition of tiny proceedings. Arguments of counsel may Counsel: witness may be taken pursuant to be heard on request. A transcrivt of (tv) Adopt rules Of procedure and 1 540.013(g) and the deposition may be Lite proceedings (and evidence) at the modify the same from time to time an admitted. hearing shall be made In all cases. ccrwion requires for the orderly dls- (3) Proof of docuin.cuts. Omctnl doe- (2) oath of reporter. The reporter 0 Itlon of proceedings; of proof, receive uments, records and papers of a re- making Wile stenographic record shall (v) Rule upon and examine wife npondent nhnll be adrnlsnlblo an evidence subscribe an °nth before the ndminlntru- relevant evidence. without the production, of the original tive law Judge, to be filed in the record urines; provided that such documents, records of the case, that he (or she) will truly (vi) Take or authorize the taking °f nd papers are evidenced as the original and correctly report the oral testimony dispositions:by a copy attested to or identified by the and proceedings at such hearing and (VII) Receive and consider Oral Or chief executive officer of the respondent accurately transcribe the same to the written arguments on facts or law: or the custodian of Lho document, and best of his (or her) ability. (Vill) Hold or provide for the holding contain the seal Of the respondent. of conferences for the settlement or situ -(4) Exhibits. If any document, record, (3) Transcript. Copies of tile trans - or the issues by consent of paper, or other tangible or material thing criPt may be obtained from tale reporter Intro - tile parties is introduced Ln evidence as an exhibit, at rates not . exceed the actual cost (Ix) Perform such acts and take such the adminstratve law Judge may author- of duplication. Copies of exhibits intro - measures as are necessary or appropriate ize the withdrawal of the exhibit subject duced at the hearings or at the taking of to the efficient conduct Of any p to any conditions he deems proper. An depositions will be supplied to the Parties Ing' and original document, paper or record need upon the payment of a reasonable fee lx) Make initial findings and decision. not be introduced end a copy duly car- (31 U.S.C. 483 (a)) (0) Hearings. (1) In general: The ad- tined (pursuant to paragraph (b) of this (i) Proposed fwher ps and enthconclusions. ministrative law Judge shall preside at section) shall be deemed suniclent. Except in cases where a respondent has the hearing on a complaint. Testimony (5) objections. Except as requested by failed to appear to answer the complaintoh� of witnesses shall be given under oath counsel or the administrative law Judge, or has failed at the hearings, or affirmation. The hearing shall be oral or written obJections to evidence waived the hearing, the administrative stenographically recorded and tran- ni)all be in short form, statlnB the law Judge, vrlor to making his initial de- stenographically Hearings will be conducted pur- rounds if obJection relied upon, and the ciston, shall afford the parties a reason- suant to section 7 of Lho Adminfntrativo q record shall not Include nitbsaq(tent ur- able opportunity to submit propose Procedure Act (5 U.s•C. 660). - gument that -non, exeai)t tax rermttted by findings and Cm)clualo)1s tend supporting (2) Failure to appear: If, after prover the iulmfnfstrative Inco J)rdao. Itutingn Oil )'e a)7natherefor'initial decision of the: Adnrinistra- service and notice, a respondent falls LO such object►ons shall be a part of the t(uc Law Judge Within 30 days atter Lha appear at the hcarinBs, it shall be record No exception to the ruling in conclusion d e hearing, the ndminist,rst- deemed to have waived the right to a asses ary to preserve the right of either hearing and the administratlVO law, arty to the Pro( (1) five law judge shall make his Initial de - judge shall retake his findings and de- party Depositions. (1) In general. Depo- clston. However, where proposed flndings ciston against: the respondent by default. approval of the administrative the parties, such decision shall be made (3> Waiver of hearing: A respondent sitions for use at a hearing may, with the and conclusions are timely submitted Y may waive the hearing by informing the written app L' t of the find - administrative law Judge, in writingoni or the iesponde t oc incl= d(iley au- ink and conclusions. The initial decision or before the date set for hearing, n oral or written be -taken opo of fact and the conclusions therefrom, it desires to waive tsarina• ng such thorized representatives. Depositions shall include a statement of the findings event the administrative law judge shall may as well as the reasons or basis therefor. make his findings and decision based interrogatories, upon not ]other arty, upon all the material issues of fact, law upon the pleadings before him. The de days written notice to the other party, or discretion preserved on the record, ciston shall plsinIy show that the re- to °administer aafficer n oath forgeneralpur- and may provide for one of the follow- to waived hearing. poses. such written notice shall state the (4) The administrative law judge PO shall prior to or at the beginning of the names of the witnesses and the time and Ing orders: FEDERAL REGISTER, VOL. 39, NO. 210—WEDNESDAY, NOVEMBER 13, 1974 .;- ng9f Lite r I) An order that the respondent's tics Secretary mayliaffir . modify, orerevoke final)nti Any decision of the t,el inluuLl ulh recelve% ' payments be Lcrminuted, or within sixty days (2) An order that the respondent's tadmililstraLive law judge. A'copy of -the I'll this atitle itmay�fon of puynuu.e. aymcnLs be reduced, or 13t An order that the Secretary limit Secretary's decfslon shall be transmitted alter receiving such notice, fele will' t.)le ,'i,6 M 1111abdi by re payments gto failure ies otLl immediately esPotldentor 1le tU; clef ow:sel of r officerxecutive td. circuit it,whichsuch Stat11ci Court of e Issli a Led' or .:nnply, or (u) Publicity o/ Proceedings. (1) N in the United States Court of Appcuh •41 An order In favor of respondent. genc a 1. A proceedshall be open tocthe public [or review ted under for tile s of ltile cSecroetary ssactionl.iTho A fter reaching his Initial decision the nd- Ljljg rind W )pnrLelemis of Lhc news medin pro- petitioner shall forthwith Lranslllit utlnistrntive law Judge shall certify to the aided that in the of the news of the admin- copies of the petition to the Se"et." -" conlpleLe record, together with a certified istraLive law Judge. Lite presence of the and the Attorney General of Lhc United copy of his initial decision, to the Sec- media does not detract from the decorum Aryt s, the , shall represent the Seem - l. rctnry. The administrative law Judge and dignity of the proceeding. shall serve also a copy of the Initial deet- l2) Availability of record. The record (3) The Secretary shall file in the :;ion neon the Secretary and the respond- established in any Proceeding conducted court the record of the proceeding on nt.. The administrative lig Judge shall .under this subpart shelf be made avall- which he based his action, as provided nerve also a cony of the initial decfslon able to inspection by the public as Pro- in Section 2112 0[ Title 28, United states fry cerdfled mail to the chief executive aided for and 1n accordance with regula- Code. No objection to the ur.Lton of the ulilcer of the respondent or to It attorney Botts of the Department of HUD pursu- Secretary shall be considered by Lite of record.nut to 24 CPII Part 1.5. court unless such objection has Leen (k) What, conslihafes record. The (3) Decisions of lite' administrative urged before the Secretary. Lranacrlpt of testimony. Pleadings and law judge. Tile statement of findings and (4) The court shall have Jurlsdlctinn exhlbity, nil pnpera and requests flied In Lite initial decislou of the ndmhlistrative to affirm or modify the action of the Scc- the Uroceeding together with all findings. law judge lu any proceedings, whether retary or to set it aside In whole or In decisions and orders. shall constitute the or not on appeal or review shall be In- part. The findings of fact by the Secre- exclusive record in the matter. (sexed and malnLnined by Lhc Secretary tam 1t supported by substnnt11t1 evl- (I) procedure on review of decision and made available for inspection by the dente on the record considered ns a of administrative law Judge—(ll Appeal ublic at the public documents room of whole, shall be conclusive. The court may to the Secretary. Within 30 days from the date of the initial decision and order of the Department. B practicable, the state- order additional evidence to be taken by ment of findings and the decisions of the the Secretary, and to be made part of the administrative law Judge, the re- administrative law Judge shall be pub - the record. The Secretary may modify spondent may appeal to the Secretary lashed periodically by the Department his findings of fact, or make new find- nnd file his exceptions to the Initial deci- and offered for sale through the Super- Ings, by reason of the new evidence so slon and his reasons therefor. The re- 1nLendent of Documents. taken and filed with the court, rind he spondent shall transmit a copy of his (4) Batted on written advice from the shall also file such modified or new find - appeal and reasons therefor to the IND Department of Justice that Publicity of Ings, which findings with respect to ques- counsel who may, within 30 days from ngs or public release of the pursuant receipt of the respondent's appeal, file the proeeedinnt to (n) (1), (2), and (3) tions of fact shall be conclusive if in reply brief opposition trecord supported by substantial evidence oft the o the appeal. of this section would adversely affect record considered as a whole• and shall A copy o[ the reply brief, r one Is flied• criminal prosecution, the Secretary may also file his recommendations• If any, for shnll be transmitted to the respondent or deem the applicability of ln) (1), (2) • the modification or setting aside of lily its counsel of record. Upon the filinany, a and (3) stayed• original action. an appeal and a reply brief, if any, the (o) ,judicial review. (1) Actions taken Secretary shall make the final agency under administrative proceedings par- (5) Upon the filing of ijte record te1t11 decision on the record of the adminis- sn de to this subpart shall be subject to the court, the jurisdiction Of the court trative law judge submitted to himshall be exclusive and its judgment shall (2) Absence of appeal. In the absence 111(c) of the Act. If pursuantcial review torespondent desires be final, except that such Judgment Of exceptions by the respondent within I1 appeal n decision the d sires shall be subject to review by the Supreme talc Litnc set forth in view initiated (1) (1) Live law judge which has become final, Court of tate United States upon writ of H this section or review initiated by certiorari or certification a s provided In IIIID counsel within in days atter the view of appeal, to theor a final order of Court of Ap- Section 1254 of Title 28. United States initial decision, such Initial decision of Code. the administrative law Judge shall con- peals. as Provided by law, the Secretary, stitut.e the final decision of the Depart- upon prior notification of the filing of the petition for review. shall have Pre- Effective date. This par meat. complete t shall be eifec- d in triplicatea transcript tivo NovemberDAVIf) (inl Decision of the secretary. On ap- pare . O. MEEXER, Jr., peal from or review of the Initial deci- of the record of the proceedings, and Assistant Secretary for Comma - Secretary of the administrative law judge, the shall certify to the correctness of the nits Planning and CommDevelOp- Secretary will make the final agency de- record. The original certificate together meat. cision. In making his decision the Secre- with the original record shall then be [ Dep 74-29686 Filed 11-12-74;8:45 am] tary tionstilllrev as may b 0orted by the par- has jurisdiction. or such por- filed with the Court of Appeals which FEDERAL REGISTER, VOL. 39, NO. 420—WEDNESDAY, NOVEMBE7t 13, 1974 � t r. STAFF REPORT Planni nrr t '7'," ..:, A. Call to Order by Chairman B. Roll Call C. Approval of Minutes 1. Meeting of November 14, 1974. D. Zoning Items 1. Z-7420. Ordinance amending Zoning Code regarding fence and shrub heights. Also includes amending Municipal Code Chapter 3.38, in particular 3.38.8.A. Council referral: 9/11/74. 2. Z-7424. Rezoning of lot approximately 80' by 801, R3B to C2. Request made by St. Mary's Church for the purpose of constructing a parking lot. Date filed: 11/11/74. 45 -day limitation: 12/24/74. E. Subdivision Item 1. 5-7412. Final plat of Oakwoods Addition, Part 6B. A replat of a portion of Oakwoods Addition, Part 6. Originally filed: 7/11/74. 45 -day limitation: waived. Revised plat filed: 11/8/74. F. Vacating Items 1. C-7404. Closing of Madison Street between Iowa Avenue and Washington Street. Requested by University of Iowa. Council referral: 10/17/74. 2. V-7407. Vacation of alley in Block 86, Original Town of Iowa City (block bounded by Clinton, Market, Capital and Bloomington Streets). Requested by University of Iowa. Council referral: 11/8/74. G. Discussion Items 1. P-7317. Proposed ordinance creating a University Zone ( U) . 2. P-7410. Proposed ordinance creating a Mobile Home Residence Zone (RMH). • 3. S-7121. Review of final plat of Blane Roc Addition as approved by Planning and Zoning Commission and by City Council. Fi . Adjournment. Regular meeting -- November 26, 1974 AN ORDINANCE AMENDING THE FENCE REQUIREMENTS - ZONING CODE, CITY OF IOWA CITY, BY REPEALING SECTION 1. ARTICLE XXVI. ORDINANCE NO. (8.10.27.A.), AND ENACTING A NEW SECTION IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of the Ordinance is to promote the general health, safety and welfare of the residents of the City of Iowa City by regulating the height and setback distance of fences at street intersections so that there exists an unobstructed view of the intersection. SECTION II. AMENDMENT. To maintain vision clearance at street intersections, no fence more than twenty (20) percent solid and no fence or planting more than two (2) feet above the established elevation at the pavement edge in a cross section to the right-of-way shall be located within a triangle formed by a diagonal line connecting two (2) points measured along the street right-of-way lines equidistant from the point of street right-of-way intersection for a distance of thirty (30) feet or a distance equivalent to twice the required setback, whichever is lesser. SECTION III. REPEALER. All ordinances or parts of Ordinances in conflict with the provisions of this Ordinance, and specifically Section 1, Article XXVI, Ordinance No. 2238, are repealed. SECTION IV. SAVINGS CLAUSE. If any section, provisions, or part of this Ordinance shall be adjudged invalid or uncon- stitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE_DATE. This Ordinance shall become effective after its final passage, approval and publication as provided by law. 1st Reading 2nd Reading 3rd Reading Passed and approved this day of 11 19 - Ordinance No Page 2 and seconded by It was moved by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Czarnecki Brandt Davidsen deProsse White MAYOR ATTEST: _ CITY CLERK. 1st Reading 2nd Reading 3rd Reading Passed and approved this day of 11 19 - 0 0 E SUBJECT: Commission ' Z-7420. Ordinance amending Section 8.10.27A FENCE REQUIREMENTS of the Zoning Code. Council referral: 9/11/74. STAFF The wording of the subject COMMENTS: proposed ordinance as discussed by the Commissioners is revised accordingly and attached hereto. This ordinance and a proposed ordinance amending Section 3.38.8A TREES AND SHRUBS of the Municipal Code, also referred to the Commission, should be revised to incorporate similar provisions. L ■I _ E 11 SUBJECT: from an R3B Zone to a C2 Zone; date limitation: 12/24/74. - STAFF ANALYSIS: the Church, north of two single family residence and'south of a Market Streets, for the purpose Commission Z-7424. Application submitted by St. Mary's Church to rezone an approximate 80 by 80 foot lot at 108 North Linn Street filed: 11/11/74; 45 -day The St. Mary's Church is desirous of rezoning the subject lot, located east and across North Linn Street from family residences, west of a multi - parking lot at North Linn and of constructing a parking lot. The Zoning Code does provide for parking lots to be located in in an R3 Zone (District)`as,an accessory use to a permitted use. Arguably, if the subject parcel was contiguous to the St. Mary's Church property, accessory parking would be permitted as currently zoned. It has been the Building Official's interpretation, however, that if two parcels are separated by a street (public property), the parcels are not contiguous. But, according to Section 8.10.25E.1. "...where an increase in the number of spaces (parking) is required by a change or enlargement of use the required spaces may be located not more than three - hundred (300) feet therefrom". Since no known enlargement has been made to the Church, the parcel must be rezoned to a zone which lists a parking lot as a permitted use. It is critical that adjoining residences not be adversely affected by any use permitted in a zone which would depreciate their property value. A parking lot screened, as required, from the adjoining residences on the south and east and utilized only during church functions would appear to be a rather nonobjectionable use. In the C2 Zone, however, such uses as a public garage and other service and repair shops, restaurants and taverns, and similar commercial service establishments can be highly incom- patible irregardless of protective devices. The most restrictive commercial zone and zone allowing a parking lot as a permitted use is the C1 Zone. The uses permitted in the Cl Zone are not as objectionable and presumably would not be of detriment to adjacent residential uses for the following reasons: 1. The orientation of existing residences and structures is such that visibility from the east is obstructed by an existing garage and the residences to the south rear upon the subject property. 3 2. A tight planting screen would be required along the south and eastern property.lines of the subject tract providing a barrier to objectionable views and sounds. 3. Since the property is within 50 feet of a residential zone, no parking would be permitted in the front yard (a front yard of 20 feet is required in C1 and no front yard is required in C2). STAFF It would be most desirable RECOMMENDATION: if the Zoning Code could be interpreted in such a way that a zoning change to permit an accessory parking lot was not required; there is some question of what is implied by the words "change" or "enlargement of a use" in Section 8.10.25E.1. It is the staff's recommendation that a legal interpretation pursuant to this Section be sought. If, following a legal opinion, the property must be rezoned, it is the staff's recommendation the appli- cation be denied and the subject property be rezoned to a C1 Zone for the above reasons. Ll :NRig Slid •r';. , r^y •ri,.' i :�kiw W..L' ii �•.��IL'Ef'.C�6^..: __ INS MIN ull I� n. -JEW RWUEST'� 101 AREA mill_ y . U111 .Ali_' RIU. I® ti11 ��ttii 1�: o ��•�— •• • � = nlu� l�111 • � �tfH;lll • Imes Umins 'r!!IL =N41G i� - =11111 1111' :�IIE Awl- •- „ � Ott 1E I�Il1 its Lis ►`� ON ' — I "' _• �. I I•46 ro Ire e • • e 120m0 vp a 1 CALE 660' GRAPHIC S SM ME o � '� 1 SUBJECT: located west School; date Planning & Zoning Commission November 26, 1974 5-7412. Final plat of Oakwoods Addition, Part 6B, a replat of Lots 288 through 305 of Oakwoods Addition, Part 6, of Amhurst Street and north of the Helen Lemme filed: 7/11/74; 45 -day limitation: waived. STAFF The subject plat was deferred ANALYSIS: on July 25, 1974 until corrections enumerated in the Staff Report of the same date were corrected. The plat has been resubmitted with all corrections having been made with the exception of Item 4 -- all utility easements illustrated on the plat should be labeled, and Item 6 -- the markers should consist of 1/2 inch iron pins rather than metal pipe. STAFF RECOMMENDATION: 10 0 It is the staff's recommen- dation the subject plat be approved if said Items 4 and 6 are corrected. 'n n Amite F sr s RIB ' REOUEST AREA aIA •�� 1.II 'i R3 aI I c 2 FILE S_7# Rl-A YL 7 F rri :b3 W m (— o'er CD O • DD z�. o - NQ. N N Ap OnOm 1Z C�0 m0 om'�-CZ Z -1rn-p O OD rn N -_ o =o m o mr �OOr` o rn p° CD ° - m � � > mol z;. -I W 2 z -10. A _m Ov `r OND A o=- � z m 128-8.31 rn N> m 0 D{m DLCO -ice 00 o,=m O Z r D a) C) N n- �_� IP. 5 25' �4 ry rmriZ - DN g D� g o I4g26 Zp Z Zm OZOo r 0 141.10' - S A N Gl 0 OZ �m 1 �D.. mo -4 v,y D-�-I rn vti' bD . j�j�' o M o cD o N o'io6° 0 14529 = g �_ nm� 0 0 z i 140.67' N`" 00 0 oFn o - Z v► m (np o o 146.50' W Lo mm 0�(n 8 QD 0 Ln "� =DO r 140.26' - N o 10' N .000 ' � o p mo Oma N 147.70 10, M -1 M r v Z O o W o �. °, W cwi+ z K O 139.74' - o O 0 _ N 1) o 149.06' (Jr OD N rV to c/i N. O' 27' W A to o o p 0 0 0 `r N) WEST LINE OAKWOODS O i 139.201. g O- 0 PART 6 ' 150.50' _ Z Lis w Ln OD Lis y (1138.74 g C 00 , 138.67' p - 151.80' ' ' nj w " ' cD ro _ �m o�: o CSN co Z o N i 138.22' co 0 o rcr; 0 %c 0 0 -i oNZ I y t1O. 0 13777 V) o C(1 0 0 \ U (P 9.90, A p1n co 0� 110.00'j crr ; rn �N tD o t �- -�---- 0 , 0 Lr m A I Pw 50.00' 00___ O to F— _(Z. Nrn — NN —N L0 0 Wp 8� opr _N� pl CA amooh bODte .D -�- n0rn 0 nom® o m.r- U)3: D r' Z N� m r M in n o cn z — O f>1 -yD N . cmi � o b m � ,°�" Lt may. m Q7 7D � s SUBJECT: STAFF ANALYSIS: INTENT OF REQUEST STAFF REPORT Planning & Zoning Commission November 26, 1974 University of Iowa request to temporarily close Madison Street between Iowa Avenue and Washington Streets. Council referral: 10/17/74. The University of Iowa has presented a request (see attached letter) to the City Council of Iowa City which requests the City to temporarily close Madison Street between Iowa Avenue and Washington Streets for the purpose of experiment- ing with an incremental approach to a pedestrian -oriented campus. Another attached letter from the -Iowa City Chambers of Commerce also addresses this subject. It is the University's basic philosophy, as outlined in a report entitled, "A Proposal for a Pedestrian -Oriented Campus," prepared in June, 1973, that, "The University of Iowa will take every opportunity to extend its entire campus -- especially the area from the Pentacrest west across the river to Woolf Avenue -- the concept of a pedestrian mall." BACKGROUND REPORTS There have been two background reports prepared which should be considered as a part of this proposed action.. These two reports are entitled, "Street Closure Analysis: Combined City -University Plans," which was prepared by the Institute of Urban and Regional Research of the University of Iowa in February, 1974, and, "A Microanalysis of the East Side Central Area Traffic," prepared by DeLeuw-Cather and Company in June, 1974. These two reports indicate that some difficult traffic problems could well occur in the central area of -Iowa City as the urban renewal program develops. These reports specifically deal with -changes in traffic flow and volumes which will result from both additional development of urban renewal lands and accompanying street closure activities. The problem areas identified by these plans include: (1) the intersection of Clinton and Washington Streets; (2) access to the University Library lot; (3) the Burlington Street intersections with Clinton, Linn, and Gilbert Streets. The basic conclusions of this report Are, -that the proposed traffic flows will be able to be accommodated; however, a much lower level of traffic service will exist. Although some conclusions can be drawn as a result of these reports, the specific impact of the one block closure of Madison Street cannot be accurately predicted. The aforementioned reports anticipated the closure of three blocks of Madison Street (from Iowa Avenue southward to Burlington Street). Additionally, the University has prepared an additional report entitled, "A Proposal ® for a Pedestrian -Oriented Campus," which was prepared jointly by the University's Office of Facilities Planning and Utilization and the Office of Transportation and Security in consultation with the Hodne-Stageberg Partners, Inc., of Minneapolis, Minnesota in June of 1973. A PROPOSAL FOR A PEDESTRIAN -ORIENTED CAMPUS Although the request to close Madison from Iowa to Washington is being evaluated as a separate request at this time, it is imperative to study the long-range impli- cations of such closing in light of the policy statements by the University. Study of this long-range policy must be done while making a decision on this particular request by the University since, as they state in the report, closing of sections of Madison Street is an incremental part of the long-range plan. The decision makers of the City must be aware of what future implications a decision at this time has. This report mentions that a number of specific issues made it imperative for the University to adopt a long-range circulation plan, among these, hospital growth, VA Hospital additional parking facilities,.City proposal for the Melrose diagonal and the City proposal to widen Madison Street. With regard to these, the report says, "With the intent that each decision reached in connection with the above issues must bring progress toward a goal of pedestrian -oriented campus, the Univers- ity set about to formulate a long-range plan for vehicular circulation." Essentially, the University's plan for achieving a pedestrian -oriented campus is based on the strategy of eliminating streets that penetrate the campus and diverting traffic. The University sees, among other benefits, opportunities that would be created for the placement of building activities and more land would be available for green space. As part of the basic strategy for eliminating penetration into the campus, the University envisions that Freeway 518 would allow elimination of Riverside as an arterial through the campus. The plan also envisions abandonment of the Iowa Avenue Bridge as a vehicular artery and since they see this bridge as the key to the cir- culation problems of the campus, once this bridge is eliminated, all the streets that feed it could logically be closed including Madison, Jefferson, Market and Washington, all of which,pass through the campus in part. The University position is that their objectives can be accomplished by incremental decisions. Recent discussions with University officials have indicated that the elimination of Riverside Drive as an arterial, or the abandonment of the Iowa Avenue Bridge cannot possibly be accomplished until suitable solutions are developed to accommo- date east -west traffic flow. Realistically, the aforementioned closures are long- range goals which would perhaps fit into a fifty-year time frame. PUBLIC WORKS CONSIDERATIONS ON PROPOSED MADISON CLOSING With the many potential traffic congestion problems envisioned in the Urban Renewal area, some created by the basic design of the Urban Renewal Area and some by increased traffic generated as a result of the Urban Renewal Area, it is desirable to reduce potential traffic congestion where possible. The two reports that have analyzed Urban Renewal traffic vary in differing degrees about the po- tential problems which would be created. The proposed one block closure of, Madison Street will probably create some added degree of traffic congestion in the central area of Iowa City, but it will not create unsolvable problems. The proposed one block closing of Madison Street should be viewed not a terminal action but as a temporary closure at this time. While there appears to be a loosely knot consensus in Iowa City that the auto- mobile must be downplayed and the bicycle and pedestrian given more consideration, the fact remains that both at the present and during at least the next several years, the automobile will continue to play an important role in transportation in Iowa City. Ignoring this fact, or attempting to design without taking the 0 0 The University states that closure of one block of Madison will be only an experiment. The affect of this one block closure cannot be completely measured until the complete Urban Renewal Area has been built. Both of the reports men- tioned earlier anticipated approximately a 25% increase in vehicular traffic as a result of new Urban Renewal attractions as compared to present traffic volumes. The completed Urban Renewal area will not only result in increased traffic, but will also affect the destination and origin of this traffic. For example, the 1,000 space parking garage envisioned at the northwest corner of Clinton and Burlington will be a prime attraction and traffic generator in con- trast to the current downtown area which has a more dispersed traffic generation pattern. RECOMMENDED PROCEDURE FOR TEMPORARY CLOSURE The temporary closure, if approved, should be implemented in a manner that will permit easy restoration of the street to its present condition. This can be accomplished by the use of temporary barricades, concrete curb stops, traffic paint, and control gates. The cost of materials and installation should be com- pletely paid for by•the University. Sufficient gaps can be created at Jefferson and Madison for pedestrians by existing signalization at Iowa and Madison. This signalization will also be needed for buses and pedestrians at Iowa and Madison. Extensive vehicle and pedestrian counts should be done before and after the clos- ing throughout the area although, as stated earlier in this report, valid compari- sons and conclusions as to the impact of the closure on traffic patterns in the central area of Iowa City after the completion of the Urban Renewal Project cannot be made at this time. STAFF RECOMMENDATION: It is the staff's recommendation that Madison Street, between Iowa Avenue and Washington Street, be temporarily closed for a period of one year. It is also recommended that several actions take place during this period and that certain relevant factors be considered during this closure. These include the following: 1. It must be recognized that as commercial activity in the Central Business District Area of Iowa City is increased, that vehicular traffic flows will also increase and that it will not be possible to obtain a totally accurate future picture of traffic flows by observing the impact of the closure of Madison Street at this time. 2. In that this is to be an experiment relating to the University's "Pedes- trian-Oriented_Campus" concept, extensive observations and counts of pedes- trian movements in and around the western half of the Pentacrest should occur during this one-year period. 3. That the temporary closure of Madison Street should be realized by the use of temporary materials. 4. That the traffic signals presently located in this area should be allowed to remain. CI IA -4 5. That a fairly extensive observation of traffic flows in and around the Central Business.District area should also be made during the temporary period of closure. Office of the Vice President for Administrative Services I05 Jessup HaU Area 3191 35,' .Ml City Council Civic Center Iowa City, Iowa 52240 October 8, 1974 The University of Iowa requests the City Council of Iowa City take action to close Madison Street between Iowa Avenue and Washington, at this time, to all vehiculair traffic excepting mass transit and emergency vehicles. .The.University will bear all transitional costs of this closure and will cooperate with the City to make desired improvements at the inter- sections of Madison and Washington and Madison and Iowa Avenue. Action at this time will affect University planning in the Lindquist area. It will also afford an opportunity for the community to observe the effect of the closure. It should be noted that this action is.supported by the Iowa City Chamber of Commerce, the City Center Association, and has been discussed with various agencies including officers of the Johnson County Regional Planning Commission, the Area Transportation Committee, and the City Manager's Office. We hope you will include this matter on the agenda of your October 15 meeting, and we will have our representatives there to answer any questions you may desire. - Sincerely, . L William M. Shanhouse Vice President WMS/lg 9 cc; City Manager y' i Office of the Vice President for Administrative Services I05 Jessup HaU Area 3191 35,' .Ml City Council Civic Center Iowa City, Iowa 52240 October 8, 1974 The University of Iowa requests the City Council of Iowa City take action to close Madison Street between Iowa Avenue and Washington, at this time, to all vehiculair traffic excepting mass transit and emergency vehicles. .The.University will bear all transitional costs of this closure and will cooperate with the City to make desired improvements at the inter- sections of Madison and Washington and Madison and Iowa Avenue. Action at this time will affect University planning in the Lindquist area. It will also afford an opportunity for the community to observe the effect of the closure. It should be noted that this action is.supported by the Iowa City Chamber of Commerce, the City Center Association, and has been discussed with various agencies including officers of the Johnson County Regional Planning Commission, the Area Transportation Committee, and the City Manager's Office. We hope you will include this matter on the agenda of your October 15 meeting, and we will have our representatives there to answer any questions you may desire. - Sincerely, . L William M. Shanhouse Vice President WMS/lg 9 cc; City Manager ,wy E E Iowa Cltv ;, , ,. Chaim.be, of Commerce -MOM[ r• I P.O. Boz 673 Of IOWA CITY, IOWA 32240 UNIVERSITY ' I PHONE 737.9637 Of IOWA^ October 4 1974 City Council of Civic Center Iowa City, Iowa Iowa City 52240 To -the City Council of Iowa City, The Chamber of Commerce and City Center Association strongly support the concept of integration of a pedestrian oriented campus with down- town growth as a joint interest. Toward accomplishing this objective we recommend approval of the.University's application to close Madison street from Iowa Avenue to Washington Street at'this time to all veh- icular traffic excepting mass -transit and emergency vehicles. It is understood that the University will cooperate with the City to improve the intersections of Washington Street and Iowa Avenue and that the University will bear all transitional cost. This opportunity will allow the community -to observe the effect of street closure as well as to assist the University in the planning of the Lindquist area. I Cor Tally, Byr h Ross, Pres dent Ch;9ber of Comme ce I n accord with the Board of Directors BR/dk ACCREDITED ChAmeen O. CONMEWce [•� .IC 1. .1♦ i El 1 STAFF REPORT Planning and Zoning Commission November 26, 1974 SUBJECT: V-7407. Request by the University of Iowa to vacate the alley in Block 86 of the Original Town of Iowa City (blocks bounded by Clinton, Market, Capital and Bloomington Streets); Council referral: 11/8/74. STAFF The University has indicated ANALYSIS: in letters attached hereto they are desirous of the vacation of the subject alley for future development. Presently, the University has title to all land within the Block with the exception of property owned by the First Presbyterian Church, and all alleys west of Clinton Street, north of the Pentacrest and east of the Iowa River have been vacated. The staff sees no either a utility maintenance of a power lines or a utility companies said utilities. STAFF RECOMMENDATION: objection to the vacation of the alley if easement is retained within the alley for the buried telephone cable and overhead electrical signed agreement is 'reached between the and the University for the relocation of for utility purposes or the with the utility companies It is the staff's recommendation that the subject alley be vacated only if either a utility easement is retained University comes to some agreement for the relocation of the utilities. wcffi D .100 am I 1 s e I ��` ao. o,• ao.� • � Bo rs G T e- V° T _ Aw BLOOMINGTON . p &�OOM/NGTDN REQUEST Bo ..• •°' AREA $O ao 0 ZMIR i. fs Ro •p , s , .. �•'dft v_,Q T \ E T s TREET o A,,. ap Irp co 5S 13 ...• moo• - - s ,� 2 / ' C'J ' �- h w ! dpa ,. ,�FERSoN .STREET .. t JEFFERSON t••TE - .l- a Sr • a rW. - 0 ILE MMM �L R� 4- X �a ` N M O / � 8 • i CfIMPU.J e Business Office October 14, 1974 City Council Civic Center Iowa City, Iowa 52240 War Council Members: I 'fin I�I jlHl'i�l ldhljl= 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, Ray B. Mossman Business Manager & Treasurer RBM: jld Enclosures cc: Mr. Gibson Mr. Richard E. Peterson Mr. Robert N. Siark 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 Aevelopment 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.lonr-standing policy of the City that they will not 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 :Tanager and he indicated that as ton.- as there is a contract to purchase by the University and if the congregation would agree, 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 roeently 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 will 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, Ray B. Mossman Business Manager & Treasurer RBM:jld cc: Mr.._Cibson , FIRST PRESBYTERIAN CHURCH 26 East Market Street, lowu City. Inwa 52240 Phone 351-1660 October 10, 1974 Mr. Ray Mossman Business Manager S 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 11 DATE: November 22, 1974 TO: Planning and Zoning Commission FROM: Donald Schmeiser RE: Attached hereto is the Final -Plat of Blane Roc Addition previously approved by the city for development of the Melrose Lake area. Plans for revision of the Plat, as discussed at the last informal commission meeting, have not heretofore been formally submitted. , JUN2 7197 JAM ABBIE STOLFUS CM CLERK 7.66' IS 5 7 till '! A00' !� l 1; w ---------- ---- IDE SAN. 5ILwERS TELl ELEC.Z� 268.73' _/0, WTO f i7w tN 67.7.6* oo�IV v r TO %32.0/* j; EXIST. SEWER k; EASEMENT42, In :0., 5 AS REl DEED SK. 252 PG. 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