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HomeMy WebLinkAbout1973-01-16 Regular Meeting7 MINUTES OF A REGULAR COUNCIL MEETING JANUARY 16, 1973 The City Council of Iowa City, Iowa, met in regular session on the 16th day of January,', 19'73 at 4:00 O'clock P.M. in the Council Chambers of the Civic Center. Members present: Brandt, Connell, -Czarnecki. :Absent: Hickerson, White. Mayor Brandt presiding. It was moved by Connell and seconded I by Czarnecki to con Sider the amount read to be a full reading and to approve the minutes for the regular Council meeting of January 9, 1973, subject to correction. Motion 'carried.' The Mayor announced the retirement of Irene Shalla, who has worked for the .City ,since 1953 and presented her with a Pin denoting the 20 year's of meritorious service, It was moved iql by Connell and seconded1by Czarnecki to adopt the Resolution of' Commendation. Upon roll call Brandt, Connell and Czarnecki voted 'aye', Hickerson and White absent. Motion carried. Public Discussion: Bill Nerad, representing the Golden Age Club, inquired if the Council had made a decision on their request for parking. The Mayor stated that it would be dis- cussed under Item 20 later in the meeting. It was moved by Connell and:,seconded by Czarnecki to receive the minutes of the Housing Commission m &.ing of December 13;q3 L4 Charter Committee meeting of Janpary 10T'ATV Committee meeting H[� of Charter Planning & Zoningkommissi6n meeting of January 11; and Rejional Plannin4kommission meeting of December 20, 1972. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution toApprove the Class C Beer & Liquor Control License application for RAB Inc. dba/The Pub, 330 E. Washington. Upon roll call Brandt, Connell and Czarnecki voted 'aye', Hick- erson and White absent. Motion carried. It was moved by Connell and seconded by Czarnecki that the le':ter from Raymond Sloan, Jr., attorney representing Robert Johnsons, requesting two readings of the Ordinance vac ating: alley between Holt Ave. and Templin Road be received and filed. Motion carried. It was moved by Connell and seconded by Czarnecki that the letter from Robert Wright, Office for Planning & Programming, concerning area meeting on Community Development be received and filed. Motion carried. -2 - COUNCIL MINUTES JANUARY 16, 1973 It was moved by Connell and seconded by Czarnecki that the letter and petition from the Calvin Knights and residents of Lee Street area, requesting that parking be retained on Lee Street, be received, and filed. Motion carried, The Mayor stated that an alternative bus route would be discussed when the parking report comes 'up'for discussion. It was moved by Connell and seconded by Czarnecki that the letter from Donald Bryants, concurringwith the position stated in the petition to retain ' parking on one side of Lee Street, be received:1and filed.' Motion carried. The Cit —AttQr-ney gave the first reading of the. Ordinance Vacating a Portion of Burlington StrPPr, He also gave the first reading,of :the Ordinance vacat'nR- the 'Alley between ' Holt and Templin Road, Black's Park Addition: J �r It was moved by Connell and seconded by Czarnecki to adopt the Resolution Granting Easement along the East side of the Water Plant on Davenport Street for the University of Iowa. r Upon roll call Connell, Czarnecki '& Brandt ,voted 'aye', Hick- `Motion erson'and White absent. carried. Director of Public Works Ralph Speer explained ,the tapping fee for the Arbor Drive Relief Sewer ,for property north of Court, St. and on both sides of Scott 'Blvd. and recommended establishing, a connection fee of $150,00 per acre.' It was movedbyConnell and ',seconded by Czarnecki to 'adopt the Resolu- tion Establishing the Fee. Upon roll call Czarnecki, Brandt, and Connell voted 'aye', Hickerson and White absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution; Accepting the Work for the Linn St./Maiden Lane/ Gilbert Street` Improvement Program, Division I„ Metro Pavers, Inc., as recommended by.the 'Upon Staff. roll call Brandt, Connell '& ''aye', 55 Czarnecki voted Hickerson and White absent. Motion carried. The Council discussed the condition of the railroad crossings. The City Attorney advised that he had filed suit and is arranging preliminary hearing. Director of Public Works Ralph Speer outlined the 1973' Sanitary Sewer Improvement Project #l, one sewer on Bjaysville Lane and one 500' west of Prairie du Chien Road, to be assessed to r, property owners; the sewer requested by property onwers & Johnson Co. Health Dept. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Designating Engineer. Upon roll call White & Hickerson absent, Brandt, Connell and Czarnecki voted _'aye'. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Preliminary Resolution for Construction of Sanitary Sewers. Upon 'roll ,call Brandt, -3- COUNCILMINUTES JANUARY 16, 1973 Connell '& Czarnecki voted 'aye', Hickerson and White absent) Motion carried. It was moved by Connell and seconded by,Czar- necki to 'adopt the Resolution Fixing Value of Lots. Upon roll call Connell' Czarnecki and Brandt voted 'aye', Hickerson and 6 White absent. Motion carried. It was moved, by Connell and seconded by Czarnecki to adopt the Resolution Adopting Preliminary �o O Assessment Plat & Schedule. Upon roll call Czarnecki, Brandt and Connell voted 'aye',,' Hickerson and White absent. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Setting Public Hearing on Resolution of Necessity for February 6, 1973. Upon roll call Hickerson and White absent, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. Director of Public ,Works Ralph Speer outlined the William White Blvd. Storm= -Sewer Project, and discussed alternatives. He recommended setting public hearing to'getccitizen ,imput. It was moved by Connell and seconded by Czarnecki to adopt ,the Resolution Designating Engineer. Upon roll call White and ' Hickerson absent,, Brandt, rConnell ,and Czarnecki voted '.aye'. Motion carried. It was moved by Czarnecki and 'seconded by a �_ 71 Connell to adopt the Preliminary Resolution ;for 'Construction ' ` of the Storm Sewer. Upon roll call Brandt, Connell and Czar- necki voted ,'aye'. Hickerson and White absent. Motion carried. It was moved by Czarnecki and, seconded by Connell to adopt , the Resolution Fixing Value of Lots. Upon roll call Connell, Brandt andCzarneckivoted 'aye', Hickerson and white absent. Motion carried. It was'moved,by Czarnecki and: seconded by Connell:to adopt the Resolution Adopting the Preliminary Plan and Schedule. Upon roll call Czarnecki, Brandt and Connell voted 'aye', Hickerson & White absent.' Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Setting 'Public Hearing on Resolution of Necessity for February 6, 1973. Upon roll call Hickerson & White absent, Brandt, Connell and''Czarnecki voted .'aye'. Motion' carried.', It was moved by Connell and seconded by Czarnecki to adopt ' the Resolution Approving Contract Amendments for the Business Relocation Mall, City -University Project Iowa R-14 for Park ^o Fair, Inc`.; an extension of time for completion,' addition of $10,205 for alterations and reduction of $471. for less work in one unit. Upon roll call White and Hickerson absent, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded by Czarnecki to adopt the Resolution Accepting the Work on the South Riverside Dr. Sanitary Sewer & Lift Station' Expansion Project by Dave Sclunitt Const. Co;, as recommended by the Staff, & Directing the Engineer to Prepare Final Assessments. Upon roll call Brandt, Connell' - and Czarnecki voted 'aye',' Hickerson and White absent. Motion carried. s _4_ COUNCIL MINUTES JANUARY 16, 1973 It was moved by Connell and seconded by Czarnecki to adopt the Resolution Adopting & Levying the Final Schedule of Assess- River- iver-sidelDrive ments'& Providing for the Payment Thereof for the South side DriveSanitary Sewer & Lift;;Station Expansion Project, as recommended by the Staff. Upon roll call Connell, Czarnecki & Brandt voted 'aye', Hickerson and White absent. Motion carried. City Attorney Hay Honohan requested that a public hearing on disposal of certain parcels of land be reset for Eebruary 6� 6, 1973. It was moved by Connell and seconded.by'Czarnecki 'on'disposal of certain parcels of to set'',the public hearing February 6, 1973, at 4 PM. Motion carried. land on The Planning :& Zoning Commission recommended approval of the proposed Ordinance on Zoning for Newly Annexed Lands. _ The change they recom- City Attorney advised that he could have the setting mended incorporated in the' Ordinance and recommended moved by Connell and seconded by the public hearing.' It was Czarnecki to set a public hearing on the Ordinance; as amended, on February 13, 1973 at 4 P.M. Motion carried: Concerning the report from Planning & Zoning Commission of on the proposal to rezone a land parcel at the NW corner the Planning Dover Street & Bradford Drive, some members of the & Zoning Comm. met with members of the Housing Comm: and Special Council at. the informal noon session for discussion. discussed. Use Category within the Zoning Ordinance was also The Council discussed the request from the Golden Age Club for free parking _at'the Recreation Center, and decided to the members �<4 rescind Resolution #771. The Mayor announced that would have free parking, the City Manager presenting'one'pro- posal and the Mayor presenting another. The Mayor appointed Roberta Jacobs and Linda Dole to three year terms on the Johnson Co. Regional Planning Commission. by Czarnecki that the It was movedlby Connell and seconded Mayor's appointments be approved. Motion carried. The Mayor proclaimed the week of Zatutdry���— 23 a` ZaKz_eE ;^ Wee, and January 21, 1973 as World Religion Davi The City Manager Ray Wells requested authorization for the City Attorney to negotiate a lease for the Hotel adjacent to Urban Renewal offices, the Civic Center to be used for housing the demolition of their present building. necessitated by future_ It moved by Connell and seconded by Czarnecki that the City was Manager and the City Atty. be authorized to negotiate and accept Office. alease for this property to be used for Urban Renewal Motion carried. COUNCIL MINUTES JANUARY 16, 1973 Councilman Czarnecki questioned when the Noise Ordinance would be again discussed. The'Mayor referred to the list of 75 priority items discussed.at the informal meeting. The Mayor requested that the City Attorney's report and recommendation concerning the Parking Ramp Bond Ruling by the Court be deferred for discussion when all the Councilmen could be present. Council concurred. City Attorney Jay Honohan discussed the delay in the storm I� sewer project on Brookside Dr. It was moved by Czarnecki and seconded by Connell to"defer the executive session to consider fair market value for parcels in the Urban Renewal Acrea'until the next meeting. 'Motion carried. Public Discussion: Linda Fisher, 941 S. Van Buren, appeared concerning bus ,schedules 'not being kept, suggesting more buses be acquired to fill in for breakdowns and more mechanics to keep up with 'repairs. The City Manager' commented,on the `problems.' It was moved by Connell and seconded by Czarnecki that the meeting be adjourned. Motion carried. AGENDA REGULAR COUNCIL MEETING OF JANUARY 16, 1973, '4:00 P.M. Item No. '',1 Meeting to order Roll Call Invocation Item No. 2 Reading of minutes for regular Council meeting of January 9, 1973. Item No. 3 Public Discussion: Item No. 4Receive minutes of Boards and Commissions. Item No. -5 Issuance of permits. Item No. 6 Correspondence to Council. a., Letter from Raymond A. Sloan, Jr., attorney, representing Mr. & Mrs. Robert Johnson, requesting two readings of the ordinance vacating alley between Holt Avenue and Templin Road. b. Letter fromRobertA. Wright, Office for j-, Planning and.Programming,;concerning 'area meeting, on Community Development. c. Letter and petition from Calvin and Bernardine Knight and residents of Lee Street area requesting that parking be ',retained on Lee Street. d. Letter from Mr. and;Mrs. Donald C. Bryant, 903 Highwood Street, concurring with ,position stated in petition to retain parking on one side of Lee Street. Item No. 7 'Consider ordinance vacating a'portion of Burlind-.on Street. (1st reading) Item No. 8 Consider ordinance vacating alley between Holt Avenue - and Templin Road, Black's Park Addition. (lst reading) Item No. 9 Consider resolution.;granting easement along the east side of the water plant on Davenport Street for the University of Iowa. Item No. 10 Consider resolution' establishing tapping fee for Arbor Drive relief sewer. L page 2 January 16, 1973 Item No., 11 Consider,Yesolution accepting work for Linn Street/ Maiden Lane/Gilbert Street improvement program - DivisionI. Item No. 12 Consider adoption ofresolutions initiating the 1973 -sanitary ,sewer improvement project no. 1. item No. 13 Consider adoption of resolutions initiating the villiam White Boulevard storm sewer project. a. Consider resolutiondesignating engineer. b. S b. Consider preliminary resoluiton for construction of storm sewer. c. Consider resolution fixing value of lots. d. Consider resolution adopting preliminary plan and schedule. e. Consider resolution setting public hearing on resolution of necessity for February 6, 1973. Item No. 14 Consider resolution approving contract amendments for the business relocation mall, City -University project Iowa R-14. Item No. 15 Consider resolution accepting the work on the south Riverside Drive sanitary sewer and lift station expansion project and directing the engineer to pre- pare final assessments: item No. 16 Consider resolution adopting and levying the final schedule of assessments and ,providing for the payment thereof for thesouthRiverside Drive sanitary sewer and lift station expansion project. Item No. 17 Consider resetting public hearing on disposal of certain parcels of land, Item No. 18 i; Consider recommendation from Plannind and Zoning Com- mission to approve the proposed ordinance on zoning for newly annexed lands. Item No. 19 Consider report from Planning ,and Zoning Commission on proposal to rezoneland parcel at Northwest Corner of Dover Street and Bradford Drive. L page 3 January 16, 1973 Item No. 20 Discuss request from Golden Age Club for free parking. Item No. 21 Business from the City Council. Item No. 22 Report on Miscellaneous items from the City Manager and the City Attorney. Item No. 23 Public discussion. Item No. 29 Request for executive session to consider fair market value for parcels in urban renewal area. ITem No. 25 i I Adjournment. Next Council meeting January 23, 1973, 4:00 p.m. AGENDA REGULAR COUNCIL MEETING OF JANUARY 16, 1973, 4:00 P.M. Item No, 1 MEETING TO ORDER ROLL CALL- )Jr .a'ev"o 11�I i 1O��HJO[a IIoL U V Item No, 2 READING OF: MINUTES FOR REGULAR COUNCIL'MEETING OF C""`(` "' JANUARY 9„ 1973, U u Item No. 3 PUBLIC DISCUSSION. • ��� NA�-�� i,.�a r'�, ��.f�,la_ �� �aP� �4� - � , fi .ac�srotz7 Item No, 4 RECEIVE MINUTES OF, BOARDS AND COMMISSIONS. a.Housing Commission meeting of December 13, 1973. b. Charter Committee meeting of January 10, 1973. c. CATV Committee meeting of January 5, 1973. d, Planning and Zoning Commission meeting of January ll, 1973.' e. Regional Planning Commission meeting of n egember 20, 1972;// (� %s ape n Item No. 5 ISSUANCR',OF PERMITS. a. Consider resolution to approve Class C beer and -. liquor control license application for RAB Incorp., dba The Pub, 330 East Washington Street. Action: Page 2 • January 16, 1973 i Item No.:: 6'' CORRESPONDENCE TO COUNCIL. a. 'Letter from Raymond A. Sloan, Jr., attorney repiesenting.Mr. & Mrs. Robert Johnson, requesting two readings', of the ordinance vacating alley between Holt Avenue and Templin Road. Action: �� R tL:(,(' c_�,e_ l.lAr� rin•�f V UU b. Letter from Robert A. Wright, Office for Planning and'Progiamming,'concerning area meeting on Community Development. Acton: I l 0 /v c P o 6,—, r. lL .11�:• �� .9�'Ll�,f�i� AY I tt `'4 — / , �_w..P—✓./ .�fL1�[. .......✓ (1 Y /1!/.e ee.-✓Y.!_..! IPA D c. Letter ',and petition from Calvin and Bernardine Knight and residents of Lee Street area requesting that parking be 'retained on Lee Street.' • Actions' tk,.. U , d, ,Letter ''from Mr. and Mrs. Donald C. Bryant, 903 Highwood -Street,',concurring withpositionstated in petition retain parking on one side of Lee Street. Action: %oto \'. \ A I \i /f 0 Item No. 7 CONSIDER ORDINANCE VACATING A PORTION OF BURLINGTON STREET. (1ST READING) Comment: The University of Iowa has requested the use of a portion of the R.O.W. ofBurlingtonStreet immediately north of the University Power Plant, The staff has determined that sufficient'R.O.W, width will remain and that ,proper procedure would be to vacate this desired area. The Planning and Zoning Commission recommended approval of thisvacationat their meeting of January 11,;,1973. Public hearing was held January 91, 1973. Action: page 3 • January 16, 1973 Item No. 8 CONSIDER ORDINANCE VACATING ALLEY BETWEEN HOLT AVENUE AND TEMPLIN ROAD, BLACK'S PARK ADDITION. (1ST READING). Comment: The Planning and Zoning Commission, at its meeting of November 22, 1972, recommended vacation of this alley. This vacation request was initiated by an adjacent property owner, and much of the alley is currently being used as yard for the adjacent owners. The staff, concurs with the recommendation submitted by the Planning and Zoning Commission. Public hearing was held January 9, 19 73. Action: 7" U V Item No. 9 CONSIDER RESOLUTION GRANTING EASEMENT ALONG THE'EA�ST SIDE OF THE WATER PLANT ON DAVENPORT STREET FOR THE UNIVERSITY 16 OF IOWA. Comment: This easement has been requested by the University of • Iowa in order to construct an underground electrical ductbank to serve some of the University:buildings located in the general vicinity ,of thelWater Plant. Thi's resolution approves the easement to the University. Public hearing washeld-'January'9, 1973. I�ff Action: I Item No. 10 CONSIDER RESOLUTION ESTABLISHING TAPPING FEE FOR ARBOR DRIVE RELIEF SEWER. Comment: This resolution would establish a tapping fee in the amount of $150.00 per acre for any person, firm or corporation owning property north of Court Street and on both sides Scott Boulevard. This sanitary sewer ,of ifacility would not be assessed against the abutting property owners but instead would be paid for by the properties served by such a 'Sewer. It is recommended that this resolution be adopted. %1'4 r Action: IAU-40 A- b IN 4 A 11 20 1 1 e, ftp PS4, . Oa LA n I A-%. re, 0 4yls© 4* 6nCkCA.4i I k I -tA &,�N- Y� A. I., P, n w,, (- ('V " Page 4 January 16, 1973 • Item No. 11 CONSIDER RESOLUTION ACCEPTING WORK FOR LINN STREET/ MAIDEN LANE/ GILBERT STREET IMPROVEMENT PROGRAM - IQ DIVISION I. Comment: This resolution accepts the work done by Metro Pavers, Inc., of Iowa City, Iowa, for Division I of the Linn Street/Maiden Lane/Gilbert Street Paving Project. The final contract amount on this project is $181,114.47 and the contractor has completed all of the work in accordance with the plans and specifications. The staff recommends adoption of this resolution.. 2Y- Lj-1, c., t C' k, ]"'_! „Ina .. . 7:7" Action: k ; T_ Item No. 12 CONSIDER ADOPTION OF RESOLUTIONS INITIATING THE 1973 SANITARY SEWER IMPROVEMENT PROJECT NO. 1. CONSIDER RESOLUTION DESIGNATING ENGINEER. B. CONSIDER PRELIMINARSOLUTION FOR CONSTRUCTION OF • SANITARY SEWERS. C. CONSIDER RESOLUTION FIXING VALUE OF LOTS. A_ (�' C- V D. CONSIDER RESOLUTION ADOPTING PRELIMINARY ASSESSMENT PLAT AND SCHEDULE. C / Com/ (1, - 0 E. CONSIDER RESOLUTION SETTING PUBLIC HEARING ON(7p, -)J RESOLUTION OF NECESSITY FOR FEBRUARY 6, 1973. cE Comment: The above resolutions are necessary to initiate the 1973 sanitary sewer construction program. Under this project P,_LUl� Pp, Ilie there will be sewers constructed in two different loca- 't, tions in Iowa City. The one sewer will be built on Bjaysville Lane extending north to Tanglewood Drive and ALl 0441S.'A lizo then west on Ventura Avenue. The construction will consist of approximately 500 feet west of Prairie Du Chien Road. This sewer will also be 8 -inch in size. The staff will be prepared to discuss this project in further detail at the Council meeting on January 16, 1973. A. I., P, n w,, (- ('V " page' S • January 16, 1973 Item No. 13 CONSIDER ADOPTION OF RESOLUTIONS INITIATING THE WILLIAM WHITE BOULEVARD STORM SEWER PROJECT. -_ A. CONSIDER RESOLUTION DESIGNATING ENGINEER. C/ ___....�� B. CONSIDER PRELIMINARY RESOLUTION FOR CONSTRUCTION OF STORM SEWER. ab C. CONSIDER RESOLUTION' FIXING VALUE OF LOTS. D. CONSIDER ;7/fIZ ADS ING PRELIMINARY PLAN AND SCHEDULE. d )1a7- .Veer:s 7M " E. CONSIDER RESOLUTION ;SETTING PUBLIC HEARINGONh�' a ` Mad �er1iF�A-�Jic RESOLUTION OF NECESSITY FOR FEBRUARY 6, 19731 G Comment: The above resolution s are necessary to initiate the pro- posed storm sewerimprovement on William White Boulevard. The staff discussed this project with the, City Council' on December 12, 1972, as Item No. 9. At, that time the Council requested the staff to hold an informal meeting with adjacent property owners. Such .a'meeting was held on Wednesday, December 27, 1972. The staff will be pre- pared to discuss this matter in further detail at the City Council meeting on,January 16, 1973. Action: pp 5f lsphocl`r_ I u�I IG MV 'rl-:y'c kjJ� L/- 2_"' 1 ' on n CLo.9e TjP Ct•^.v�N�e K� 50'��H /1 '�'LLi7�f L,�9 pcS'✓I Iq! eOV �� CO u1J..i nt�.nr Item No. 14 CONSIDER RESOLUTION APPROVING CONTRACT AMENDMENTS FOR THE BUSINESS RELOCATION MALL,'CITY-UNIVERSITY' PROJECT IOWA R-14. Comment: The City has received a request from Park ,&Efair,'Inc., for a 13 day time extension on their contract. They have requested this extension due to the fact that the City did not award them the contract until November 17, 1972. This would extend the contract completion date to January 13, 1973, with no penalty being assessed for this period of time. The second contract change is for alterations to the modular units caused by a change lin occupancy of the units as well as a change that was necessitated due to electrical code requirements.'' The total amount of this • change, is in the amount of $10,205.,00. page 6 January 16, 1973 Item No. 14 (Continued) The third contract amendment is for a reduction in the one f -- amount of $471.00 as a result of less work in of the modular units. The staff recommends that the resolution amending the contract be adopted. Action: Item No. 15 CONSIDER RESOLUTION ACCEPTING THE WORK ON THEISOUTH RIVER- EXPANSION SIDE,DRIVE SANITARY SEWER AND LIFT ,STATION 'TO PREPAREIFINAL PROJECT AND DIRECTING THE ENGINEER ASSESSMENTS. Comments This resolution accepts the work done by Dave Schmitt the con- Construction Company -of'Cedar Rapids, Iowa for and the construction of a struction of sanitary sewers lift final contract amount on this new station.The is $40;770.35,and the contractor has completed and •project C f i- c.. Aid. all of the work in accordance with the plans recommends adoption of the -vi 11�,1G 1F,.A� specifications. The staff accepting the work and directing the staffroec to. P�blil N�+ce' resolution the final assessment schedule',for this project. prepare ni !L - 0z cwv Action:,Cl l� �� Item No. 16 CONSIDER RESOLUTION ADOPTING AND LEVYING THE FINAL THE PAYMENT SCHEDULE OF ASSESSMENTS AND PROVIDING FOR DRIVE SANITARY SEWER AND THEREOF FOR THE SOUTH RIVERSIDE ____3-1----- LIFT STATION EXPANSIONPROJECT. Comment: This resolution adopts and levies the final schedule of Dave Schmitt Construction assessments on the!work done by for the construction of a Company of Cedar Rapids, Iowa on Riverside Drive and a lift station. sanitary sewer This contract was discussed under Item No. 6'above. The staff recommends adoption of'the resolution. Action: } Li ` • t t l 1. ti t::IJ �.>. � 1 � I page,? January 16, • 1973 Item No. 17 CONSIDER RESETTING PUBLIC HEARING ON DISPOSAL OF CERTAIN PARCELS OF LAND. Comment: At last weeks Council meeting, a public hearing was set for January 30 1973., On disposal of certain parcels of land vacated last August in connection with the Gilbert Street project. Itis recommended that this Public hearing be reset for February 6,'1973, 4:00 buy" at P.m. Staff was unable to use the legal descriptions which were used when the parcels were vacated, and time ,did not allow rewriting ',these descriptions prior to the required publishing date for notice of, public hearing. Action: Item No. 18 CONSIDER RECOMMENDATION FROM PLANNING AND ZONING COM- MISSION TO APPROVE THE PROPOSED ORDINANCE ON'ZONING FOR NEWLY ANNEXED LANDS. • Comment: The Planning and Zoning Commission after brief discussion recommended.approval of this, proposed ordinance provided the terms "higher / classification" and "lower classifica- tion" within the ordinance be:changed to re restrictive" andad more "less restrictive." Fe.b.'!3-!h. - ��.,j Action: ` Item,No. 19 CONSIDER REPORT FROM PLANNING AND ZONING COMMISSION ON PROPOSAL``TO,REZONE LAND PARCEL AT NORTHWEST CORNER OF DOVERSTREET AND BRADFORD DRIVE. Comment: Council referred this item to the Commission for review and comment in connection with Housing Commission re- commendations to use 'for this site 'the proposed "Leasing 23" housing project. The rezoning would be from an`. R lA zone to R 3A. The Commission experienced difficulty in reaching a con- sensus relative to this referral. It was, therefore, decided that all available Planning and Zoning members would attend the joint meeting of the City Council and Housing Commission on Tuesday, January 16, Commissioners • would, at that time, express their concerns and opinions relative to the ,rezoning, Item No. 22 REPORT ON MISCELLANEOUS ITEMS FROM THE CITY MANAGER AND THE CITY ATTORNEY. / jotp3 �/�nu�/�n �a�r•1'c i c)e n /i.� ' n!'1 CV a. f✓N'C/ �r l.. l,1•. . c-Gl.,-.J 2 / �c•x.... Q.. a C�1., a i.. IC'r J -. F 'lY ro'-r���J �✓@7..@ �J Y•� ".i,l)lt PCa, l..ln I O -=(K. R.� iL., r. -u_`: �. U' p t( I r ( v ..\,C. Ce.a Ica.aL.-:'. Llrr2, r -.l ��... e„ Ci?t w n,t i •• AJ�..�, t 1 r C �,L �..,.ty.� o t 110.1-- 7T Q cc,Llt d..•IA atf ch �j L t r..<�s u�-,ti_c_.. C7 1 . ���. % a Q page $ January 16, 1973 Item No. 19 (continued) The Commission also discussed the utilization of the Special or Additional Use category within the Zoning Ordinance as an alternative to rezoning for the location of sites for the elderly housing project. No specific recommendation relative to this item was forthcoming at the January 11 meeting, but the Comm !ission plans to discuss this item further sub- sequent tol:the meetingbetween the Council and the Housing commission. ki 'V r. z,c Action: P e7.lyra- Item No. 20 DISCUSS REQUEST FROM GOLDEN AGE CLUB FOR FREE PARKING. Comment:'; The resolution authorizing parking permits for members of the Golden Age',Club as passed March 19,'-1968. The staff believes that action taken now should be c`onsistent wi(�th' this resolution. • Action:, W2I Cc�I^'ctl 'ma'{<»,rs U Chis \\KN— COt1N.LI( Ctl�'9 ua15lti `D S��bT,tA 2n,... nt.Nta..,.' al(0Ld-1-ia" -{%o RJ -R -•-1_0a leul Ll�tti+.a Item No. 21 BUSINESS FROM THE CITY COUNCIL. Sbb�,dree�l.T(:c..sl�',S�a1eH. 12.p.�v ncn,d lecv nel•1 a,llcealiow F�I w y I I b�J:e 'w 11u On tQ ylly'� 141 b? 't -P& IU I I OL:. `.I� e.1 O,iC ci I�eOQS. R�.i.-W'77/, 04kf' l5rl-4 rr;'T'Otiv"q - v+.Il- )6'4010_1 )7 OVA U' helr•r' Vno�'ti• n o a h e un •' Item No. 22 REPORT ON MISCELLANEOUS ITEMS FROM THE CITY MANAGER AND THE CITY ATTORNEY. / jotp3 �/�nu�/�n �a�r•1'c i c)e n /i.� ' n!'1 CV a. f✓N'C/ �r l.. l,1•. . c-Gl.,-.J 2 / �c•x.... Q.. a C�1., a i.. IC'r J -. F 'lY ro'-r���J �✓@7..@ �J Y•� ".i,l)lt PCa, l..ln I O -=(K. R.� iL., r. -u_`: �. U' p t( I r ( v ..\,C. Ce.a Ica.aL.-:'. Llrr2, r -.l ��... e„ Ci?t w n,t i •• AJ�..�, t 1 r C �,L �..,.ty.� o t 110.1-- 7T Q cc,Llt d..•IA atf ch �j L t r..<�s u�-,ti_c_.. C7 1 . ���. % a Q h • • page;9 January 16, 1973 • Item No. 23PUBLIC DISCUSSION. . '�\ / C:Amc-.-..r-^I �i-.F..t.e.L?_+ (, p.•tA-Ce._._..V'-�.i�G!fJ"'LL4e C.t..I /l �1 Y L C /j/"�!-�!'..F q�.. f_./i n�%_l.c--- /.}•i n.-._.-.t....-..:�:. G,1 Y.y�Cr-.1 -i'f ,..� , L,ta��✓...t ry� ;Wo-f�--Cc.. �c�.: r...�l /r,-4`--nN:4_.. e,L!'x.i�. N - v (IL V-n.l / e�w ....; 0 is • c -..a lie - n-h�V-r C�-x.-d_Y U� �Q.4rxl-.iii r f v l L 0 Q ' �� 1Lu�.✓v�✓�.�_n. ...1 � . � (1�/y .�+n n�.�.l , �L1,..._e_ I' . ! ' A/� iL.�.,.n .. A..t. Y -r. I..LJJ / il P..Ii J 0-tvT6 a Q,:) i- aJ'r /..N4L.l" i l✓ � Q•N4I.��..� icJ C-v1.m�yv 7,•w � r f�-'/ 7 a.�.r�a.J as -lo t.u-Ga a•,-....!:•..� Y'.1k � 7s . Item No. 24 REQUEST FOR EXECUTIVE SESSION TO CONSIDER FAIR MARKET VALUE FOR PARCELS'IN'.URBAN RENEWAL AREA. Comment: Appraisal reviews are enclosed./ Action A I /L1I .I ,_. .,.i�c..-I 1, ..._l.l� I+cLe.��- r L!✓G�(' R-Ke� . Y Item No. 25 ADJOURNMENT. NEXT COUNCIL MEETING JANUARY 23, 1973, 4:00 P.M. 1/ '+'1�(.«.A:'t....\•1%i�-,V.`=ILiT/.r� %�'�`� .f..lQy�T(� �-y�� /� V ha_a:� •U W-� J.�.CGI�. b -u Cti>tn•,.frs-a ,o�x.� v 1 1,f P Z A , 4rtia.J i , b_ J. n. N� " w i J y The City Council of Iowa City, Iowa, met in regular session on the 9th day of January, 1973 at 4:00 o'clock P.M. in the Council Chambers of the Civic 'Center. Members present: Brandt, Connell, Czarnecki, Hickerson, White. Absent: None. Mayor Brandt presiding. The 'invocation was given by Rev. Robert Welsh, First Chris- tian Church. It was moved by Hickerson and secondad by White to consider the amount read to be a full reading anci to approve the minutes of the regular Council meeting of December 19, 1972 and the adjourned meeting of December 22, 1972,, subject to 'correction. Motion carried. Public Discussion: John Wakefield, appeared concerning the prohibition of parking downtown between 2 AM and 6 AM. The; Mayor said that this concern would be consideredwith the parking study. Homer Kerr, Chmn. Keokuk County Regional Service'. Agency, appeared concerning their problem in solid waste disposal. The Mayor deferred discussion until the letter appeared on the agenda later in the meeting. Bill Nerad appeared concerning', free parking for Golden Age Club at Recreation Center on Thurs- days. The Mayor deferred discussion to next Tuesday's informal meeting. It was moved by Connell and seconded by Hickerson to receive the minutes of the Housing Commission meeting of. December 6, 1972; the Charter Committee meeting of December' 13,J14 & 17, 1972, and the Parks & Recreation Commission meeting of December 13, 1972. Motion carried. It was moved by White and seconded by Connell to adopt the Resolution Approving Class C Beer Permit Application for Giant Food. Store #6 2527 Muscatine Avenue. Upon roll call Connell, Czarnecki, Hickerson, White & Brandt voted 'aye'.' Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Homer Kerr, Keokuk Regional Service Agency,' -con- cerning contract for use of Iowa City Landfill be received and referred to the City Manager for further discussion as appro- priate,the Council to be kept informed. Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Henry Linder, Chmn., Project Area Committee Reloca- tion -Rehabilitation Subcommittee, recommending approval of plans and proposal for relocation of the Annex Tavern be received and filed, action to be taken later in the meeting. Motion carried. -2-•ONCIL MINUTES JANUARY 9, 1973 • It was moved by White and seconded by Connell that the letter from Keith Howard, Pres. Yellow Checker Cab Company, requesting fourteen taxicab licenses and approval of the stand at Dubuque & Washington Street be received and licenses be granted for the 3 taxicabB that have passed the State inspec- tion and for the stand. Motion carried. It was moved by White and seconded by Hickerson that the letter from James Lindberg, Chairman of the Parks 6 Recreation Commission, recommending a full ecological study be made of various alternatives for flood control work involving Hickory Hill Park, and including the feasibility of a green belt park along Ralston Creek, be received, filed, the Mayor and City Manager to communicate to the Commission the status of the matter. Motion carried. Councilman Hickerson noted that no plans are being formulated yet, but information is being col- lected, and that the Council concurred that when all the in- formation from several agencies is gotten together, then public discussion will be set. Councilman Czarnecki requested that the status of the matter be conveyed to the Johnson County Commission on Environmental Quality and Mr. Neff of the Sierra Club. It was moved by Hickerson and seconded by Connell that the letter from Robert Humphrey, Iowa Highway Commission, concerning • the Draft Environmental Impact Statement for the Freeway 518 Project be received, filed and the report circulated among the Council for individual imput. motion carried. It was moved by White and!seconded by Hickerson to take up Item 24. Motion carried. City Manager. Ray Wells commented on the possibility of joint utilization of facilities both by the City and County, necessi- tating inspection of facilities in question and negotiation of an agreement, and requested authorization for the Staff to proceed to expend money for this. Robert Burns, Chmn. Board of Supervisors of Johnson County, stated that the County is interested in pursuing this concept, and commented on their problems. It was moved by Hickerson and seconded by White that the City Manager be authorized to join the County Board in pursuing feasible sites and report back to Council. Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Rex Wiant, Iowa Highway Commission, requesting com- pletion of questionnaire necessary for preparation of draft action plans under 1970 Federal Aid Highway Act, be received and referred to the City Manager and the Director of Public Works to complete and ieturn. Motion carried. -3- • CIL MINUTES JAZJUARY 9, 1973 •, It was moved by Czarnecki and seconded by Hickerson that the letter from Joan Streeter 'concerning water supply be received and referred to the City Manager and the Johnson Co. Commission on Environmental Quality. Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Carol Moldenhauer, concerning early adoption of the proposed noise control ordinance, be received and filed. Motion carried. It was moved by Hickerson and seconded by Connell that the letter from Robert Humphrey, Iowa Highway Commission, notify- ing the City that Iowa Highway ill will follow the general alignment of the present highway, be received and filed. Motion carried; It was moved by White and seconded by Connell to adopt ,the Resolution:Allocating Revenue for 1973. Upon 'roll call ;Czarnecki, Hickerson, White, Brandt and Connell voted 'aye'. Motion carried. It was moved by Hickerson and seconded by White to adopt the Resolution Certifying a Tree Removal Charge to, the County Auditor. Upon roll call Hickerson, White, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded by White to adoptthe Resolution Engaging McGladrey, Hansen, Dunn &',Co., C.P.A. to Perform the Financial Audit for the year ending December 31, 1972.4 Upon roll call White, Connell, Czarnecki and Hickerson voted -'aye',` -Brandt abstaining.- Motion carried. It was moved by Connell and seconded by Hickerson to adopt' the Resolution Making, Award of the Contract for Water System Improvements -'Iowa River. Crossing (2), to'Gjellefald Constructors, Inc., Forest City, $97,744.00as recommended by ',the Staff. Upon roll call Brandt, Connell, Czarnecki, Hickerson & White voted 'aye'. Motion carried.' It was moved by Hickerson and seconded by Connell to adopt the Resolution Prohibiting Parking on the west side of Westgate Street north of Keswick Street. Upon roll call Connell, Czar- necki, Hickerson, White & Brandt voted 'aye'. Motion carried. It was moved by Connell and seconded by White to adopt the ResolutionEstablishing Stop Signs at the Intersection' of Woolf Avenue and River Street, as recommended!by the Staff. Upon roll call Czarnecki; Hickerson,' White, Brandt & Connell voted 'aye' Motion carried • It'was 'moved by White and seconded by 9ickerson to adopt the Resolution Authorizing the City Manager to File Notice of Intent to Accept a Proposal for Redevelopment on Parcel 81/1, I1 f '_ll wPi Yf�. -4 • �NCIL MINUTES' JANUARY 9, 1973 • Ia. R-14 Urban Renewal Project, by The Annex. Upon roll call Hickerson,', white, Brandt, Connell and Czarnecki voted 'aye'. Motion carried. It was moved by Connell and seconded by Hickerson to adopt the Resolution Authorizing Agreement with Peters & Martinsons, Inc. for Design Work, Business Relocation Mall, Urban Renewal R-14 Project. Upon roll call White, Brandt, Connell, Czarnecki and Hickerson voted 'aye' Motion carried. It was moved by Connell and seconded by Nickerson that the report concerning guidelines and clarification of HUD reloca- tion Procedures, be received and filed. Motion carried. Urban Renewal Director Jack Klaus explained the 'report. City Attorney Jay Honohan outlined the parcels of land vacated in connection with the completion of the Maiden Lane Gilbert Street Project, and those for which public hearing on disposal should be set. It was moved by White and seconded by Connell that public hearing be set for parcels as outlined, on January 30, 1973. Motion carried. The City Manager and Public Works Director presentedla report on cost sharing for traffic signals at the intersection of the Veterans Administration Hospital entrance and U.S. High. • way 6-218,and a left -turn storage lane, as requested by, VA Hospital. B.F.'Brown, Director of the Hospital appeared. ,The City Staff position was that, the, City should not expend funds for an improvement at the entrance of a private facility, and that minimum requirements had not been met to receive Highway Commission approval, also the City' would' be setting'a precedent if they participated in the cost. 'After discussion,' the Council decided that the Staff 'should meet 'Iwith 'University representa- tives and Mr. 'Brown to discuss the problem further. Direotor of Public Works Ralph Speer reported on the request for a 4 -way stop, at the intersection of Melrose Avenue and Mormon Trek Blvd., and stated that there was not sufficient justification for changing to a 4 -way stop. The Mayor announced that this was the:time set for public hearing on the easement for underground electrical ductbank along the east side of the water plant on Davenport Street for the University. Director of Public Works Ralph Speer ,ex- plained 'that a'formalized easement was needed. 'There being no other interested persons present to speak for or ag4inst the easement, the Mayor declared the hearing closed. The Mayor announced that this was thetimeset, for public hearing on the University of Iowa request for vacation of a • portion of Burlington Street adjacent to .the University power and heating plant. Planning & Zoning Commission will be taking action at their 1/11/73 meeting on this item. Deputy Director 0 0 -5-NCIL MINUTES' PNUARY 9, 1973 of Public Works Fred Moore explained the request. There being no other interested persons present to speak for or against the vacation of the property, the Mayor declared the hearing closed: The Mayor announced that this was the time set for putlic hearing on the vacation of the alley between. Holt Ave. and Templin Road, Black's Park Addition., Dir. of Community Dev. Dennis Kraft explained Staff and Planning & Zoning recommenda- tion for, vacation.' There 'being no other interested persons` present to speak for or against the vacation of the property, the Mayor declared the hearing closed. It was moved by White and seconded by Hickerson to adopt the Resolution Reaffirming City of Iowa City Membership on Johnson County Regional Planning Commission under new by-laws. Upon roll call Brandt, Connell, Czarnecki, Hickerson and White voted 'aye'. Motion carried. Mayor Brandt appointed Council- men Czarnecki, Connell, Brandt and City Manager Wells as the City's new representatives on the Commission. It was moved by Whiter and seconded by Hickerson that the four appointments as specified be approved." Motion carried. The Mayor announced appointments to several Boards and Commission as follows: Riverfront Commission -Mary Neuhauser, .3 year term; Board of Appeals-Harold'Brender, 3 year term; Board of Adjustment, Vern Goetkin, 5 year term; Human Relations Commission -Harriet Coty, 3 year 'term, Mori Costantino, 3 year term and reappointment of E. J. Means for.3 year term; Parks and Recreation'Commission-June Davis, 4 year term, James' Sangster,:4 year term, Sarah Fox,'3 year term and reappointment of Mrs. Don Hebert to a 3 year term; Board of Examiners of Plumbers -Joe Connell for a 2 year term and Board of Review appointment has been referred to the Johnson County Board of Supervisors for suggestions. It was moved by Hickerson and seconded by Connell that the Mayor's appointments be approved. Motion carried.' Rev. Robert Welsh appeared before appoint- ments'were'announced to discuss letters from CBIC and the Ministerial Association concerning appointments. It was moved by Connellandseconded by White that these, letters be received and filed. Motion carried. The Mayor' announced that the Council should name a Mayor Pro -tem for the,year 1973. It was moved by Hickerson and seconded by White that Councilman Connell serve as'Mayor Pro - tem.' There were no other nominations. Motion adopted by unani- mous vote. It was moved by Connell and seconded by White to adopt the Resolution Setting. Unclassified Salaries'. Upon roll call Con- nell,_Czarnecki, Hickerson, White '& Brandt voted 'aye'. Motion carried. -6- • CIL MINUTES JANUARY 9, 1973 • It was moved by White and seconded by llickerson to adopt the Resolution Naming Bank Depositories. Upon roll call Czar- necki, Hickerson, White, Brandt and Connell VOLCLI 'AY(O . Motion carried. It was moved by Hickerson and seconded by Connell to adopt the Resolution Authorizing Execution of a Quit -Claim Deed to Walter Ott for quiet title on property on North Dodge. Upon roll call Hickerson, Brandt, Connell, Czarnecki voted 'aye', White abstained. Motion carried. The City Attorney presented the request for suspension of taxes for Jan Slavik, 930 Iowa Avenue and recommended approval. It was moved by Connell and seconded by White to approve the request for suspension of taxes. Motion carried. Mayor Brandt proclaimed January 9, 1973 as Dan Gable Day in Iowa City, Public Discussion: Rev. Robert Welsh discussed CATV Committee report and questioned purpose of licensing of taxicabs. The City Attorney explained. It was moved by Hickerson and seconded by Connell to adjourn! RESOLUTION ,NO. 73-14 RESOLUTION OF CONWENDATION WHEREAS, Mrs. 'Irene Shalla submitted her resignation from the service of the City of Iowa City effective January 15, 1973, and WHEREAS, the said Mrs. Shalla, as an employee of the Department of Finance, has given the City of,lowa-City -twenty -years of dedicated -- service, --from 1953 to 1973, and WHEREAS, the City Council wishes to commend the said Irene Shalla for said service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: I. That the City Council of Iowa City, Iowa hereby commends Irene Shalla for meritorious service in the administrative office of the City over the years 1953 to 1973. - - 2.That the City Council extends the gratitude of the City to the said Irene Shalla for her service.` -- 3. That the Mayor and City Clerk, are hereby authorized and directed to certify a copy of this Resolution to Mrs. Irene Shalla. - - It. -was, moved by Connell and seconded by C7.arnPnki that the Resolution be adopted, and upon roll call there were: AYES: NAYS: _ABSENT: ` X - -_ Brandt _ x - : Connell X Czarnecki X Hickerson - X White - ---� MAYOR ATTEST: CITY CLERK Passed and approved this 16 day of January, 1973. AGENDA Iowa City Housing Commission December 13, 1972 1. Approval of Minutes of Previous Meeting a. December 6, 1972 • 2. Coordinator's Report 3. Old Business a. Discussion with Jim Hess 4. New Business S. Public Discussion of Items not on the Agenda 6. Next Regular Meeting a. January 3, 1973 7. Adjournment Iowa City Housing Commission Minutes December 13, 1972 MEMBERS PRESENT: Stier, Frimml, Hamer, White, Walker MEMBERS ABSENT: Duncan, Litton STAFF PRESENT: Seydel, Schierbrock Chairman Stier called the meeting to order. 1. it was moved by White and seconded by Frimml to approve the Minutes of the Housing Commission Meeting of December 6, 1972. 2. Coordinator's Report; • There has been one application received and approved during this past week. All 209 units are under lease for the month of December. There was one abandonment. The lease has been reassigned. 3. Old Business a. The City Council has directed to legal agencies and the Planning and Zoning Commission the four recommendations from the Commission made during their December 6, 1972 Executive Session. b. It was suggested to the Commission members that they attend the Planning and Zoning meeting on Decemberl 4 1972. Reason for this attendance is to discuss with Planning and Zoning planned efforts to re -zone the Bradford Drive and Dover Street site. c. The Commission proposed an alternate site to be used in the event proper zoning cannot be attained for the primary site. It was moved by White and seconded by Hamer to select, as an alternate site, the land East of the American Legion Club, Southeast of Robert Lucas School, at the Northwest corner of the intersection of Muscatine Avenue (American Legion Road) and Willow Street. The motion carried 5/0. d. If the above alternate site was to be considered by the City Council as the proposed site, pending rejection of the Bradford Drive and Dover Street parcel, it was moved by Frimml to suggest to the City Council to take an option on this alternate; site. Second by Hamer and carried 5/0. e. Assistant City Attorney Jim Hess presented facts and pointed out repeats and cross -overs of the proposed Tenant -Landlord Code to those items in the City Code and the State Statutes. He reminded the subcommittee of Litton,` Walker, and Hamer of the disciplined study and time required to obtain a working knowledge of the proposed Tenant -Landlord code before the January meeting with the public. 4._ There wasnoNew Business discussed.' '• 5.' The Public brought forth no discussion. 6. Chairman Stier reminded members of the next meeting to be held ,January 3 1973. 7. Frimml moved the meeting be adjourned. walker seconded and the motion carried 5/0. is • MINUTES IOWA CITY CHARTER COMMITTEE January 11, 1973 William Meardon MEMBERS PRESENT: David Baldus Penney Davidsen Patricia Cain Brad DeCounter Clayton Ringgenberg Dale.Welt James Knight Robert Corrigan Also present was Stanley Rosenstein, Research Assistant to the Committee. The meeting was called to order by William Meardon at 4:05 p.m. Minutes to the previous meeting had no additions or corrections and stand approved as read. • Stanley Rosenstein, Research Assistant, gave a presentation re- garding the letter he previouslg wrote to the Committee, answering asked. Copies of this letter were questions the Committee had distributed to the,Committee. Discussion was held concerning. Section 56.4. Clayton Ringgenberg stated that the Committee had to 'remember that broader power is given to the City Council than to the Charter. Committee, and Section 56.4 limits the powers of the Committee. Division four was also discussed. Mr. Meardon stated that the Council-Manager-at-large form of government and the Council- Manager-Ward are two different forms of government. Mr. Meardon also expressed his concern on the six-year period of time on one form of government. Discussion was also held on the meaning of the word amendment. the Action for a Better Community, Skip Laitner, representing expressed concern that the Committee addressed the Committee. He should (1) Make the public aware of timetables, that is, on public hearings would be held, etc., (2) Make some sort of deadline on when the Charter would be ready to go to ,the City Council'. The Committee on the whole agreed that the Charter should be in the ballot this fall. • Mr. Meardon assured Mr. Lavidsener that any estednthatut from any the Committee ma would be welcome.' Mrs. llsofine sung sure that the public knows of meetings, hearings, etc., so the community will be aware of the Committee's progress. ■ Mr. Rosenstein LClllllluu-u •-•-••-••----- --- - - before the election date is important in that if the election is missed on September 9th, the present form of government would continue until 1976. Mr. Meardon then appointed Mr. Rosenstein to figure out the deadlines and"'submit them to the Committee in written form Friday, January 12, 1973: Discussion was then held on beginning public hearings. Question was raised as to the term "public hearings" rather than using the term forum. , Mr. Baldus then made the motion that the public hearings begin January 24,'1973, that'a timetable be 'set up,, that the ,committee negotiate with 'the ,press and through the press and radio stations` make'a formal invitation to the public to attend the hearings. Suggested dates for the ad in the newspapers were Thursday, January 18,s Saturday, January 20, and Tuesday, January 23. Also motion was made that copies of this invitation be sent to the different groups of social concern in, the city. Motion was seconded and carried. • Motion was ,then made that Mr. Rosenstein work on an ad for the press. Motion was seconded and carried. Mr. Rosenstein is to have the strategy done and submitted to the Committee by Friday, January,l2„ and if the: members do not call Mr. Meardon's office by Saturday;' January 13, Mr. Meardon will assume each member agrees with,the strategy. Minutes of ,the meeting will also be submitted January 12 to the Committee members. Suggestion was made that the news media be invited to the next, Committee meeting. Mr. Baldus proposed a survey study of the general public as to their feelings on the ,present form of government and offered to contact a survey group as to price, etc., Mr. Laitner suggested to Mr: Baldus that he contact Steve Miller, who engages in this type of work. Motion was made that the meeting adjourn. The motion was seconded. and carried. Meeting was adjourned at 6:00 p.m. MINUTES • Iowa City Charter Committee January 10, 1973 MEMBERS PRESENT: Meardon, Ringgenberg, Davidsen, Dain, DeCounter, Baldus, Welt, Knight, Corrigan MEMBERS ABSENT: NONE STAFF PRESENT: Rosenstein The meeting was called to order by Mr. Meardon at 4:05 p.m.' Minutes to'the previous meeting had no additions or corrections and stand approved as read. Stanley Rosenstein, Research Assistant, gave a, presentation regarding his letter of ',January 10, 1973, to the Charter Committee, answering questions the Committee had asked: Copies of this letter were distributed to the Committee. Discussion was held concerning Section 56 of the ,City ,Code of Iowa. Clayton Ringgenberg stated that the Committee had to remember that broader power is!given to the City Council than to the Charter Committee, and Section 56 limits the powers of the Committee. Section 47 and 48 of the City Code of Iowa were also discussed. Mr. Meardon stated that the Council -Manager -at -large form of government and ",the 'Council -Manager -Ward form are two different forms of government.,'; Mr. Meardon also expressed his concern about the provisions set forth in Section 48 which pertain to a change in a form of government no more often than once in every six ,years. He questioned whether with the adoption of Ordinance Number 72-2651 by the Iowa City City Council, at its meeting of 'August 18, 1972, which adopted the existing Council -Manager -at - large form of government, anew form could be submitted to the voters of Iowa City within six years. Discussion was also held on the process of amending the home rule 'charter, and on what could be amended. Skip Laitner, representing Action for a Better Community, addressed the Committee. He expressed the following concerns: (1) The Committee should make the public aware of when it meets, and that it should hold some public meetings to gain citizen input, (2) The Committee should establish a deadline for reporting to the City Council, so that the proposed charter could be placed on • the ballot in a special election in time to affect the 1973 deneral Election. The Committee on the whole agreed that the charter should be on the ballot this fall in a special election. Mr: Meardon assured Mr. Laitner that any input from any source would be welcome. Mrs. Davidsen''suggested that the Committee make; sure that the public knows', of meetings, hearings, etc., so the community will be aware of the Committee's progress. Gyv kir ;IG f t , � Iowa'City Charter Committee Page 2 January.: 10;.1973 ;as>` Mr. Rosenstein stated to the Committee that presenting the charter before the election date isimportant in that if ge election is overnment wouldmcontinue unon tilml9r 6, the present form of <..•. 76. 4 Mr ,Meardon then appointed Mr. Rosenstein to present the forth- c�l coming deadlines and submit them to the Committee in written form.,Friday, January 12, 1973.,' Discussion was then-held;on the necessity of holding public meetings for citizen input as.soon as•possible. j "'Mr .Baldus 'then made the motion that the public meetings begin' January 24, 1973,,that a, timetable Ibe setup, that the;Committee negotiate'witti'the'news'media 'to serialize articles on various ,of city -government as"well as an advertisement run as an inrthe.newsto the public Su invitation p ggested dates for the advertisement papers'were'Thursday, January 18, Saturday, January 20, and ,Tuesday„ January 23:'.' Also'mot ion was made that copies of this '"invi'tation--be sent to the interested groups in the city. Motion was',seconded by.Mr.:Corrigan and carried unanimously. qFg k` Motion was then made by Mr: Bald us that Mr. Rosenstein: work on "an, a ver i, ent for the press. Motion was seconded by Mrs. Davidsen and carried unanimously. Mr. Rosenstein is to have " the work done and 'submitted to the Committee by Friday, January ' 12 ;;if the members do not call Mr. Meardon's office by Saturday, January 13, Mr. 'Meardon,,will assume >each 'member .approves `of'the vsradvertisement: Minutes of the'meeting will'also'be submitted' .,.! :1 ,.. ..,JdnllarV 12--.t0 , the", rnmmi f-f-Cao.:'m�mhnrc P Suggestion was.made' that the news media be invited to the next Committee meeting. Mr. Baldusl,proposed a survey study of the generalpublic, on Tpeople's,feelings'on the''present form ofgovernment and offered to contact a survey -group as to price, etc. Mr.'Laitner. 'r suggested to Mr`. Baldus that he contact Steve Miller, who +'' engages in this type ofwork. Motion was made that the meeting adjourn. The motion was seconded and carried. Meeting was adjourned at 6:00 p.m. -• MINUTES CATV Meeting January 5,, 1973 Members present: Rev. Welsh Dave Russell' Richard Blum' Hugh h Cordi g er, Flo Beth Elining er Sandra Eskin Raymond Krill'' Kay Prediger Members absent:_, William Hubbard Also present at the first meeting were C.L. Brandt, Mayor, and Ray Wells City Manager. Rev': Welsh opened the meeting,stressing the :importance of the studyithat,would be conducted by ,this committee, and the importance of 'Cable TV to the community. He also welcomed the opportunity to serveon the CATV Committee. • Next, Rev'. Welsh suggested that the Committee getacquainted`and let each member tell a little bit about their 'fami'ly, work, and background. Mayor Brandt then addressed the Committee, reemphasizing the importance of the Committee and thanking themembers,for joining. The Mayor suggested that the'Committee work expeditiously to have' a: good recommendation to take to-the City'Council by March 31, 1973., He stated that the most important function of the Committee should be to evaluate the pros and cons and come back with the best possible recommendations. Copies..of the minutes of these meetings will go to-the members of the City, .Council. The Committee agreed that it should meet at least once a week. The sub-committees',; formed within this committee may meet at ,times in place of the regular meetings. The following topics were also discussed: Voting-Rev. Welsh recommended 5 affirmative votes for the recommendation to the Council, 4 affirmative votes on smaller voting matter ,within the committee. Krill recommended 2/3 Quorum. Absence-Mayor Brandt suggested that if a member of the Committee • is absent from the meetings twice in a row, that a new member be appointed. Rev. Welsh suggested that a covenant agreement be made among the committee members and for the members to let Rev. Welsh know if they would not be able to meet, etc. Meetings-Suggestion was made that the CATV meetings be open to the public unless for.some:valid reason they should be closed. 'Rev., Welsh thought thelpublic should be encouraged to attend. fi Minutes Planning &Zoning Commission January 11, 1973 MEMBERS PRESENT: Mulford, Davidsen, Henry, Ogesen,'Galiher, Beasley MEMBERS ABSENT: Madsen STAFF PRESENT: Kraft, Wollmershauser, Royce, Lambert, Seydel', Child, Acting'as Chairman, Dr. Beasley called the meeting to order and asked if there were any, corrections or additions to the.minutes> of the:December-14, 1972,,meeting. It was moved by Mr. Mulford, seconded by Mr. Galiher, to approve, ;the minutes.as__written. The; _ motion carried unanimously The,first'item of business was'the Zoning Item D.l. which reads :as follows: Z-7221. REQUEST FOR REZONING FROM RIB TO R2 OFA PORTION OF THE - FORMER PROPERTY OF ST.'MARK'S METHO'IIST CHURCH. (VIC. DIRECTLY -NORTH OF-t,INTERSECTIONS,OF.CARVER AND DOVER -STS. .WITH.MUSCATINE `• AVE.) ','OWNER: COURT CREST INC.- 45 -DAY LIMITATION:' JANUARY '25, 1973. Mr. Larry Waters, Vice President of Court Crest Inc., spoke in ;favor of the rezoning, 'and- 'explained that .a request ',for rezoning' Parcel'.#1-and'#2 ;to R2 had beenrsubmitted.-earlier`and withdrawn: Now,'however,'Court Crest is requesting rezoning of a portion of the RIE tract (Parcel #1, 2.25 acres) from'RlB to R2. ,, After speaking 11 to the neighbors in the, subject area; Mr. `Waters ,,., a had found there wasn't a'great amount of objection tot i ` ;theirhselling the property to a fraternal organization, such as The Moose. The neighbors.,were really concerned about multiple ,more dwellings in',the'area. Mr. Waters stated:that Court Crest is `asking, for an increase in`zoning which:is still inthe residential classification; they do'not,see this.as,a big change in the use, of the'.. property as. theret will be little environmental change and no a reci P able change in the amount of openness. Various property owners rspoke `and indicated they had no specific objections to the Moose organization buying the property. One of the !questions asked,however, was what might happen if the Moose would decline the offer to buy. Commissioner Mulford explained that zoning is not a selective situation and that if an organization such as the Moose could - • go in under an R2 zone, then any other fraternal organization could also go in. There could also beduplexes, single family homes, or, since 2.25 acres is involved, this could go under a Planned Area Development. r 't i • ' Mr. Waters stated that the east.85 feet of Parcel N1 which 'will remain R1B is a buffer zone. ,Mr. Mulford explained that the Moose organization desires to purchase the 2;, acres .in "order to meet the, by laws, of the organization but Court Crest - is only asking for rezoning of 1.36acres, Mr. Henry questioned whether fraternal nrganizatio;is ought to be permitted in residential zones at all. He asked what the practice is, generally, about fraternal organizations in residential zones. Mr.:Dennis Krait, Director of Community Development,,rindicated that there was, not a stock answer as there could be three ways of looking at this: 1)to put them into commercial zones,2) to'treatthem as conditional' permitted uses, and 3) to allow:them';to go in as of right. To-determine;.whether a fraternal organization in a residential . zone would be desirable might depend>on such factors as: Ul its, accessibility (Is 'it adjacent to an arterial or collector street?)' 2) the availability of parking, and 3) the topography; of the --area (Does it'havean unusual impact on' the area in terms of noise, safety,; etc.?) Mrs. ,.. Davidsen and Dr. Beasley expressed the'opinion'that the Planning and Zoning Commission have never rezoned with the idea_ of .allowing a specific use and would, therefore, favor a Planned Area -Development. After considerable discussion, it was 'moved by Dr..Ogesen, seconded by Mrs`.'Davidsen, that the rezoning request;of the:Court'Crest - Development'Company be deferred ;until ;the next meeting, ,,January 25, 19 73. The motion cairied unanimously. Noting that the 45 -day time limitation expires on January 25, 19731 Mr. Waters stated his, approval for a waiver if the time expires at 12:01,a.m. instead of 12:00 midnight. Item E.l. VACATION OF PORTION OF BURLINGTON STREET TO UNIVERSITY OF IOWA.:- (VIC. FRONTAGEOFUNIVERSITY' HYDRO -POWER PLANT ON BURLINGTON STREET).'' DEPARTMENTAL STAFF AND COMMISSION.' After a brief discussion, it was moved by Dr. Ogesen, seconded by Mrs. Davidsen, to recommend to the City Council approval of the Vacation of a portion of Burlington Street to The University of Iowa. The motion carried unanimously.' Council Referral F.1. PROPOSED ORDINANCE --ZONING OF ANNEXED LANDS - STAFF AND COMMISSION. 45 -DAY LIMITATION: JANUARY 12, 1973. COMMISSION AND: DEPARTMENTAL STAFF. It was moved by Dr. Ogesen, seconded by Mr. Henry, to recommend approval of the ordinance subject to the following, change: t The meeting adjourned. -3- that the terms "higher classification" and "lower classification":, be changed to read "more restrictive" and "less restrictive." The motion carried 5-1 with Mr. Galiher"voting no. Mr. Galiher e may ,create more problems than stated'he felt the new.ordinanc y we.have now and it may not be'better;.than what we have new. Council Referral F.2. COUNCIL REFERRAL REQUESTING REVIEW AND COMMENT,; BY THE PLANNING COMMISSION OF PROPOSAL TO REZONE LAND PARCEL (VIC.'N.W. OF INTERSECTION OF; DOVER ST..AND'BRADFORD DR.) FROM R1A'TO R3A FOR USE AS SITE FOR ELDERLY HOUSING.' COMMISSION AND DEPARTMENTAL STAFF. Mr. Kraft explained that the City Council would like, the Planning &:Zoning,Commission to make:some official.comment on this proposal. '. He stated that the::Housing Commission would meet with the City . Council next'Tuesday' , January l6i 1973., ol Mr.` James Stier, Chairman.of the Housing Commission, and Mr. Lyle Seydel, City ,Housing Coordinator; explained to the Commission-. the above-mentioned that ,although .they do have an alternate site,; it 'is the 'best site available`.that meets _site is preferable -as the criteria.'s Because the Commissioners°'could riot reach a- consensus; it -was decided that those;; Commis§inners,who would be able to attend the Tuesday City Council -Housinq Commission meeting would 'do so and at that time,express.their concerns and opinions. Item G.1. PLANNING: COMMISSION AND SPECIAL SUBCOMMITTEE'S,PARKING STUDY. (STATUS REPORT). Because of a lack of time, this item was deferred until a'later meeting. . ITEM G.2. AMENDMENT OF ZONING ORDINANCE TO '.PERMIT. ELDERLY ,HOUSING PROJECTS AS 'W ADDITIONAL OR SPECIAL;'USE IN'THE RlfAND R2 ZONING DISTRICTS. The Commission, in its previous discussion of the Council referral relative to'rezoning for the site of elderly housing, also discussed the utilization of the special or additional use cafe or 'within the zoning ordinance as an alternative to gory - th e elderly. rezoning for the location of'sites for housing for Y• Item G.3. NOMINATION, BY COMMISSION, OF REPRESENTATIVE TO SERVE ON'RIVERFRONT COMMISSION FOR CALENDAR YEAR (TO DECEMBER 197,3). Unable to decide upon a nominee, the Commission decided to defer - this matter to a later meeting. ^ t The meeting adjourned. AGENDA • Planning & Zoning Commission January 11, 1973 A. Call to Order by Chairman B. Roll Call C. Approval of Minutes of Preceding Meeting, 1 Minutes of December 14, 1972 D. Zoning Items 1. Z-7217. Request for rezoning from R1B to R2 of a portion•of-.the former property of..St. Mark's Methodist.Church. (Vic.directly north of'Intersec- - tions.of Carver -and Dover Sts. !with Muscatine Ave.) Owner: Hoffman-Court,Crest,,Develop: nt Company. Attorney: ''Edward`W.-Lucas. '45=day limitation: January. 25,-1973. E. Vacations 1. Vacation of Portion of Burlington Street to University of Iowa. (Vic. frontage of University Hydro -Power • Plant on Burlington Street. Departmental Staff and Commission. F. Council Referrals 1. Proposed ordinance Zoning of Annexed Lands Staff and Commission. 45 -day_ limitation: January 12, 1973.; commission 'and -Departmental "Staff. 2.; Council Referral Requesting.Review,and Comment ,'by'the Planning Commission of Proposal to Rezone`Land'Parcel ' (vic.: N.W.:of intersection of Dover St, and Bradford Dr.) from RlA to'R3A for''Use as Situ for Elderly' Housing. Commission and Departmental Staff. Housi . _ G. Discussion Items 1. Planning Commission and Special Subcommittee's. Parking Study. (Status Report) Departmental Staff and Commission. 2. Amendment of Zoning Ordinance to permit Elderly Housing Projects as an Additional or Special Use in the R1 and R2 Zoning Districts. • 3. Nomination, by Commission, of Representative to serve on Riverfront Commission for Calendar Year (December 1973)'. Commission. > STAFF REPORT .'• Planning `and ,:Zoning Commission January 11, 1973 SUBJECT: V-7301. Vacation of a portion of Burlington Street to University,of Iowa (vic. - frontage of.,University Hydro -Power Plant on Burlington Street. STAFF ANALYSIS: The subject vacation of right -of- i> way is :for the portion of Burling- ton Street immediately north of the University Power Plant, shown as the.shaded.,portion.on the attached map. The property is approximately 180 Ifeet.long_and 20 'feet deep. Proposed use is for additions,to thiaiPower`-Plant as.shown on the attached' map. The`University is 'already using portions of this.property. A meeting ;was held among'University,representatives, City.' Engineer,,,City`'Attorney,°;and ,Public Works -Director to resolve.. any problems. It"was determined by the City Er:3ineer that ,.' suff:icient<R-O-W:will remain for,Burlington Street to continue: functioning as a''major arte'rial, and that there are no plans or needs for any :additional 'pavement widening at'this'location. During the widening of Burlington Street and construction of the bridge over. the Iowa River in 1967, the University, of,Iowa gave -the City certainproperty on the north sidelof the street in front of the Water Treatment Plant for street widening:'` The !, City proposes (as.'is standard policy) to give the above subject property to the University. The City Engineer concurs in this Staff Report. STAFF RECOMMENDATION: The Planning and Engineering Staffs'recomnend approval of the subject vacation. E OF VIER IOIIT mouelEOD[I (carINATA)' . IIIIU61O1116 0 DINO6106 ANLOI EIEVATIOG MIND TM6 V)ARE AIFIIOIIMUE. OfTAIN FINAL .....• 01,09S706 FOI a76METIOI FNOI THE DGINFEII. J111111111ILmn-tin mw =am AM my a �Iln • uu o a o ' u•w «rM.�wey� .rw va�awY � Vl r _ E OF VIER IOIIT mouelEOD[I (carINATA)' . IIIIU61O1116 0 DINO6106 ANLOI EIEVATIOG MIND TM6 V)ARE AIFIIOIIMUE. OfTAIN FINAL .....• 01,09S706 FOI a76METIOI FNOI THE DGINFEII. J111111111ILmn-tin mw =am AM my a �Iln 2 RESOLUTION FOR ...APPOINTNII NTS TO EAST; CENTItAI, ]OWA I RIME CONN ISS I(IN Morton.Koser appointedAllan Vestal,, Carl' Goetz, Michacl Kattchec,' and Cr:, Patrick,White a _ s representatives to the East Central Iowa 'Area ' me Commission. It ;was so'moved ',by Dr,'.,Bonfigl'io and seconded by. Mr. 'Shoemaker to',.adopt a resolution' confirming these appointments. Mr. Arnold Small raised the question as to whether ornotthere was a provision for`.alternates..on..the '.Area..Crime Commission. Mr. Vestal stated that the -draft -of the By -Laws does not provide for, alternates. Mr. ;Koseranoted that this: question would; probably be resolved after the'first'of the year. A vote was then taken and the motion carried unanimously. Patrick.W}ite.noted that at the meeting of the Area Crime Commission December 15, 1972, Allan Nestal.wasielected Vice -Chairperson.': RESOLUTION FOR APPOINTDIENT OF SPECIAL COMMITTEE' Mr. Koser'explained that Mr. White had requested an opportunity to .place a.resolution before the Commission. 'Mr. White reported that on December 20, the, second of two.meetings was held by representatives from the 'Cit.. of Iowa, Cit "Johnson'!Count and''Merc and Universit Y. ; y ,. y ,. • . Ho spitals,toydiscuss the need for.Ambulance Services on a joint basis, specifically -the ; possibility-,ofhousing the ambulance service in one of the hospital';s. .Hessaid there'had•been a°meeting a month a90 insistant ,The:Director of `the Ambulance Service, the County's Administrative;; As lving Mr. White, Ray Wells, Robert Burns ,_ wice, Sia ter Bernarde of Dfercy, Mr.",Federson representing Mercy's Advisory Board, Dr. Luhman representing Mercy's Emergency Medical Committee: The group ,was expanded:-,_ at -the meeting on the.20th to„include two more representatives of the Mercy Medical Staff, and Dr. Towley'of the University`bledical.Staff, and iMr. Staddard,of the University.:Administrative Staff. Hej'said.'the members of this committee agreed that there needed to:,be an exploration ( ofopportunities;ifor joint sponsorship of.ambulance service. 'He said Dr..Luhman related similar effortsJn Cedar Rapids. ..'' Mr. White stated that the committee felt that the discussions need to be formalized, ,and at the request of the above representatives, the Resolution was to the Commission, stating, in effect, that a Special Committee be established for the purpose of'studying',emergency medical services and makingrecommendations to,the agencies concerned; and that the Chairperson of the Regional Planning Commission appoint the membership.and ,that this membership ,include,representatives from the interested', agencies. Mr. White moved for the adoption of the Resolution and Mr.' Small seconded the motion. Dr. Bonfiglio and Roberta Patrick noted that there was an existing • committee previously set up to study this question. - Dr. Bonfiglio'also noted that this problem has been discussed at length and he pointed out -that Johnson County, being "the 'larger' agency, should logically be the one to 'handle this servicer L Mr.- White reported that the representatives from Morey Hospital indicated their 'interest in new arrangements, along with the two major local governments and University Hospital', Mrs. Patrick noted that the individuals already on the existing committee should also be involved in any new committee. Mr. White suggested that the; purpose of the resolution was to get the Regional'Planning Commission more.directly involved, to get some leader- ship,' and to'designate someone to chair the Committee, ,and that this committee ,is now at the 'stage of convening with the previous committee.' Mr.'Koser. noted that he and hopefully the new Chairperson would confir -with existing committee before any action was `taken. A vote was taken on'the resolution and :it was adopted -unanimously. APPOINTMENT OF NOMINATING COMMITTEE I Dir. Koser stated that he has,: appointed Roberta Patrick, Chairperson, along with Jerry Zaiser, Robert Burns, Glenn Shoemaker, and Ray Mossman as,members of the nominating committee;for officers of the: Commission in 1973. He also instructed Mrs. Patrick to get in touch with 'these . peopleat 'the proper time. APPROVALOF BILLS Mr.' -Goetz asked or an explanation<of 'the °item on Planning Assistance and 'the Master, Charge,,especially_the one for.$284.59. tofunds g fundsenberg sent texplained that the term Plann ning Assistace referred o the.University as`the Regional Planning Commission's share,ofthe pay, for?the part-time'.Work Study employees. >Also,' --that the',, Executive Board ;approved'.the charges: made to Master I Charge. The bill for $284.59 was for expenses incurred for .the AIP,Conference in Boston. a; Michael Kattchee moved the;Bills be approved; Roberta Patrick seconded. The motion carried unanimously. AMENDMENTTOARTICLES OF AGREEMENT AND'BY=LAWS Mr. .Hil,genberg',reported on the membership status of the Commission. It was,Ireported that a check had been run,on current membership and that the Commission's attorney had been contacted. He said the ques- tion.before the Commission is whether or not there is a quorum suffi- cient to actually vote on the by-law amendments; originally there were 39 members, and the tally as of the 20th showed 33 voting.members. • The by-laws require a two-thirds vote or; 22 members; there are, 18 voting members, present. He noted that the staff suggested two alter- natives if there are not enough members present to vote; they are: -4- • 1) A second meeting or 2) preparation and submission of a new agreement: It was -noted that there is no provision for a proxy vote. Allan Vestal suggested that, members of the Commission be responsible for getting other members; to the meetings in order to vote, in order to maintain the continuity of the existing Commission. Mr. Koser noted that a substantial effort had been made to get members out to vote on the amendments. Mr.Hilgenberg noted that the federal Department of Housing and Urban Development (HUD) did request of the Commission by December 31, 1972, its action on reforming ,to meet the two=thirds elected officials requirement. There was',`general discussion -about ?the-pessibilityof setting up another.,meetirg.and.tr'ying to get; the. members present to vote, and 'also the,possibility-of'written ballots as 'another means to; amend the by-laws. Mr. White suggested a roll call vote. of the members present,, then recessing -the present meeting and'reconvening at,`another;'time when those absent could attend and cast ,their, vote. ,.Allan Vestal moved that the ;proposed Amendment'to the 'By -Laws concerning membership be adopted; it was seconded,by. Michael Kattchee. D on,Kirchner questioned HUD's'exact requirements as to elected offi- cials. `Mr. Koser noted that HUD sequires;;66% elected officials or, those directly responsible to an electedofficial on the Commission. HUD,is very specific on;this point: 'It was further noted by Mr. Shoemaker, concerning the representa- tives to the Commission, that if a community only has one representa- tive that person', shall bean elected official. Mr.'Vestal.replied by ;saying that',Iowa'City, Johnson:Countyj and Coralville.must ''have one-third of',thier,representatives non -elected officials;' thus trying to get citizen participation under ,these by -Taws. Michael Kattchee noted that the:precise.,definition of a person "directly ,responsible to an elected official" has not been elaborated by HUD officials Dr. `Bonfiglio said he felt that the appointee of the elected.official could be the City Manager or the Community's Development Director, since these people are ',responsible ;to the elected official and would thus meet the by-laws as being candidates who could serve on the Commis- sion: 751m � 1.. 1) A second meeting or 2) preparation and submission of a new agreement. It was;.noted that there is no provision for a proxy vote. Allan Vestal suggested that members of the Commission be responsible for getting other members to the meetings in order to vote, in order to maintain the continuity of the existing Commission. Mr. Koser noted that a substantial effort had been made to get members out to vote on the amendments.I Mr. Hilgenberg'noted that ,the federal Department of Housing and Urban Development (HUD) did request of the Commission by December 31, 1972, its action on reforming to meet the two-thirds elected officials requirement. There was; general discussion aboUtLthe possibility of setting up another meeting and.trying to get.the members present.to vote, and also the possibility of written ballots as another means to amend the by-laws. Mr. Whitesuggested a roll call vote of the members present,'then recessing the presentmeetingand reconvening at another.time when those absent could'attend,and cast their vote. .. Allan Vestal moved that the proposed Amendment to the By -Laws concerning: membership be adopted; it was seconded,by Michael Kattchee.. Don;Kirchner questioned HUD's exact requirements as'''to elected offi- cials. Mr.:Koser noted that HUD requires 66% elected officials or, those directly responsible to an elected official on the Commission. HUD is very specific on this point. It was further noted by Mr. Shoemaker concerning the representa- tives to the Commission, that if a', community only has ,one ,representa- tive.that person shall be an elected, official. Mr. Vestal replied by saying.that Iowa City, Johnson.County, and Coralville must have one-third of thier representatives non -elected officials; thus trying to'get citizen' participation under 'these ,by-laws. Michael Kattchee noted that the precise definition of a -person "directly responsible to an elected official" has not been elaborated by HUD officials. Dr. Bonfiglio said he felt that the appointee of the elected official could be the City Manager or the Community's Development Director, since these people are responsible,to the elected official and would thus meet the by-laws as being candidates who could serve on the Commis- sion. -5- • on asked if an olecteLl official could dism:�:: b.is :,ppuintee at Tom l'y any time lie feel this person is not fullf.illing hes job. Mr. Vestail stated that the By -Laws provide for a three year term and once the; individual is appointed, lie remains', on the Commission for that desig- nated amount of time unless he resigns and someone else is appointed in his place. Mr. White stated that one good reason for having a'set amount of time to serve on the Commission guarantees that the elected official cannot discharge someone at will, even though the appointee may not be serving as his appointor wishes him too. Don Kirchner questioned if a Mayor or,an elected official, could appoint someone for an undesignated term on the Commission. Mr. White noted e for a period of three years as stated that all appointments will b in;the By -Laws.; Mr:' Hilgenberg.read from the �HUD requirements,as to the specifics , regarding the "eligibility of an elected official and his appointee: Mr. Kirchner suggested that the By -Laws be redesigned so that the appointee of.an elected official serve at the official's pleasure rather than fora specific term of office. Mr`: White suggested that it might read the appointee' serve at the will and pleasure of the presiding officer for a period ,not to exceed three • years unless he is reappointed.. Al1an.Vestal noted that when the •Executive Board set, up these.Amendments. it tried to use the;'broadest possible language and guidelines so 'as not to limit the local, governmentsand to give them flexibility in making their appointments to the Commission. Mr. Kattchee observed that if a Mayor were to write to the'- Commission and state thatan appointee is directly;_responsible to him, the state- ment would not, be likely to U—e questioned. There being no further questions', the Chairperson called fora roll revise the membership.p the call vote on the amendment'; to By -Laws. A roll call vote was taken at this time and eighteen (18) ages and no (0) nays were recorded. The roll call was suspended until more members were present to cast votes. Mr. Koser asked for a motion or discussion on the second Amer,,dment concerning the Citizens' Advisory Committee. Mr. White moved that such Amendment'be adopted and it .was seconded by Don Saxton. Faith Knowler noted that number 9 part b. should 'read "functional committees" rather than "function committee." • Mr. White noted section. that the word "Council" was misspelled in this same Mr..Vestal.observed that the proposed Amendment would member of the Citizens' Advisory Committee would also of the Executive Board under the first Amendment. provide that a serve as a member -6- • A roll call vote was taken and -6- seventeen ayes,and no (0) nays were recorded. (Mr. Goetz had left the meeting prior to this second roll call vote.) A'short discussion was held to determine the date and time the meeting was to reconvene. Mr. White suggested Wednesday, December 27th at 12:00 Noon and to continue until sufficient votes were cast to deter- mine the passing of the Amendments to the By -Laws. Mr. Koser accepted this proposal and said he would, at the, end of the discussion, recess this meeting of the 'Regional Planning Commission to be continued and reconvened at 12:00 Noon, Wednesday, December 27, 1972 at the Regional e Planninge , Commission Office, 22� South Dubuque Stret, Iowa City, Iowa. He also noted that the Executive Board would also meet at this time. `Kattchee suggested that letters of;,resignation be received from Mr. those'members_who no>longer;wish to serve on the Commission. OTHER BUSINESS Mr..lVhite noted that Mr. Goetz had to leave the meeting early but that heliad asked for an explanation of the Reversionary LEAA,.Funds for the Defer -red ', Sentencing Supervision Program. Mr. White said that Mr. Goetz Defer " ` element or if some official wasconcerned the time action were necessary, by the Regional Planning,Commission or by,the Executive • Board. ;Mr, Gale noted that no program is yet prepared but that there is',such`a;program in other areas`known'as Adult Diversion Program, which diverts -the arrested adult prior to going to.trial and it is the decision -of .the court'.attorneythat the`>person is diverted so as, not to have to go through the court process: He stated that since lwefdo or not have such a program outlined it will take some time to app y such a program; and since ,the Reversionary Funds are not immediately available, there is 'no urgent need to act on this problem at this -time. Mr. Arnold Sma11 asked that'the,minutes of this meeting'show-that a lengthy.discussion was held concerning elected officials serving on t the Commission; since this discussion put a different light on the matter. Patrick Whit- moved that the meeting be recessed to the disignated time and place; it was seconded by Mr. Kirchner. The motion for the meeting to recess was carried unanimously. Mr. Koser recessed the meeting to ,the time and place discussed earlier. DECEMBER 27, 1972 RECONVENED MEETING Morton Koser, Chairperson, reconvened the meeting of the Regional Planning Commission as specified in the meeting of December 20, 1972, • at 12:00 Noon, December 27, 1972. "0 -7 - Four (4) votes were cast for the first Amendmentconcerningmembership, making a total of twenty-two (22) aye votes; five ,(5) votes were cast for the second Amendment concerning the Citizens' Advisory Committee, making a total of twenty-two (22) aye votes. The required two-thirds vote of the Commission was met and the Amendments passed. Mr. Koser officially adjourned the meeting of the Regional Planning Commission at 8:00 P.M. 12/28/72 � ,fin � i1 hts Lt. /sb Roberta Patrick, Secretary "0 Mass c Beer & ...y...,. ...,... -- .-- --"-- proved for the following named person or persons at the following described location: RAB Incorporated dba/The Pub 330 E. Washington St. Said approval shall be subject to any conditions or restrictions here- afterimposed by ordinance or state law. "h e City Clerk shall cause a recommendation for approval to b 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. 12 was moved by Connell and seconded hy'aki Czrnec that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt a' Connell x Czarnecki x Hickerson x White x Passed this 16 day of January 19 73 ■ C"unNC6 M. UPOCOI r OI COOBSLL TO TIIL TIRR ARDITRATOR Or W10" DISPOTCS Wlv. M B. BARTLRT R.A.SLOAS 48: AR L1: c s • i LnNv O rFI r•. T B •vTTORC EYS AT LAKY 640 SOM11 CLIRTOv STRRG -P. O. Box 100 IO\G1 GITY. IOWA aec•w January 11, 1973 ARCA Cone 310 IOWA GlT PROVE 000-94136 SOLON PROVE 04-Y4000 The Honorable Tim Brandt Mayor of Iowa City Civic Center Iowa City, Iowa 52240 In re: Vacation of alley between Holt Avenue and Templin Road Dear Sir: On behalf of our clients, Mr. and Mrs. Robert Johnson, we respectfully request that at the meeting of the Council when the pro- < posed ordinance vacating the above-mentioned alley in Black's Park Add ition is on the agenda for its "first reading," that, the rules be suspended and the ordinance be then read twice with a third and final reading to be scheduled for the next regular meeting. We make this request to expedite this matter inasmuch as no objectors appeared at the Council meeting of last Tuesday,' January 3 1973, when the public hearing for vacation was held (Agenda item # 21). Moreover, our client's interest in vacation of the alley relates only to that portion contiguous to their property and until the vacation is completed, we cannot cure a technical title objection and close their attempted sale of the property. Respectfully, BARTLEY LAW OFFICES By l• Raymond A. Sloan, Jr. RAS:nr cc: Honorable Pat White, Councilman v cc: Honorable Pat White, Councilman 523 East. 12th Street, Des Moines, Iowa 50319 Telephone 515 281.5974 Dear Public Official: The Community Development section of the State Office for Planning and Pro- gramming has scheduled a series of advisory seminars dealing with the Community Development Program presently in operation in Des Moines and the possible appli- cation of those programs to.various Iowa communities and other governmental levels.. One such seminar is scheduled for your area on January 18,.1973. I would there- fore like to take this.opportunity to extend an invitation to you and members of your 'staff to attend so that wemight exchange informatioq`pertinent to the prob- leets of your coronunity. Community Development and Revenue Sharing are the most recent federal initiatives developed to. give local governments a more',relevant role in attackinglocally identified problems. ` However, attacking the wide variety of community problems must be doneina comprehensive manner from the standpoint of both planning and governmental cooperation. In line with this thinking, the seminars will also include the participation of several governmental entities including mayors, coun- cilmen city, managers, county supervisors$ school district 'representatives, and regional planning commission representatives. You will find enclosed information on the site of the seminar as well as the agenda items to be covered. I would be most appreciative if you would notify me in regard to your availability on that date. If you have further questions, please feel free to contact me. Thank you for your cooperation. Sincerely, ROBERT A. WRIGHT Administrative Assistant for Community Development Division of Municipal Affairs RAW:kI Enclosure AGENDA 'TOPICS I. Slide Presentation TI. Comprehensive Planning Intergovernmental Task Force IV integrated Services' V. Special Presentation (Gelated to the Demonstration Cities Program) Ell January 6, 1973 TO: Mr. Ray S. wells, City manager, City of Iowa City, Iowa Mr. John E. Pappas, Director of Bus Transportation Mr. Ralph Spears, Director of Public Works Mayor Tim Brandt, and Members of the City Council: Laren L. Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemen: The undersigned, and other affected residents of the 300 and 400 blocks of Lee Street, hereby petition that arkin remain on one side of Lee St. Said Street is of 25' width, bounded on one end by Park Road kwithout parking) and on the other by. River Street (also with parking limitations). We request this due to: Unusual circumstances of not ,having intersecting blocks for parking Exceptionally steep driveways on lower Lee St. that cannot be used under inclement weather conditions, and other unusual driveway problems which would allow no guest parking Residents would be cut off from having guests, holding meetings and general use of homes - General traffic on Lee St. does not deem proposed action of no parking necessary We would appreciate personal survey of this area to acquaint you with unusual conditions and would welcome meeting for discussion. NAME j 4 .S' J)z.Lt�� rt' ADDRESS ly3Ll L.ec' Scree g3tl L -ex SI . S''G L•� t7 s�- u See Page Two - Page Two - Lee St, Petitinn Po. Retain parking January 6, 1973 ADDRESSi /U--O'( See Page Three - li 24 January 6, 1973 TOt Mr. Ray S. Wells, City Manager, City of Iowa City, Iowa Air: John E. Pappas, Director of Bus Transportation VMr. Ralph Spears. Director of Public Works Mayor Tim Brandt, and Members of.the City Councili Loren °L.'Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemen The undersigned, and other affected residents of the 300 and 400 blocks of Lee Street, hereby petition that parking remain on one side of Lee St.'- Said Street is of 25' width, bounded on one -end by,Park,'oadTithout parking) and,.on the other „by River Street (also withparking lia�itations). We request this due to$ Unusual circumstances of ndt having intersecting blocks for parking - Exceptionally<steep driveways on lower Lee St. that cannot be used Under inclement weather conditions, and other unusual ? driveway problems Which would allow no guest parking Residents would be,cut off From having guests, holding meetings, and_general.use of homes General traffic on Lee St. does not deem proposed action of no parking necessary - We would appreciate personal survey of this area to acquaint you with unusual conditions and would welcome meeting for discussion. `- NAME ADDRESS � .��• .��e�•,w ,�, x/34 'l-�h %�-reef N 3-5 .• e Sly L Sr See Page Two - Page Three = Lee Street Petition res Retain Parking January 6p 1973 NAM/ ADDRESSs �iGeaT ,GN 0 �E 32::l�s�c��� 3l� �� n I. • CMCCIENTEF1.4i0F WASHINGTON ST. IOWA CITY, IOWA S2240tPAO 3I9-351.1600 LA. o tl •I.Y/A CIfY, IOWA• Fu-nt<L IJO: January 19, 1973 Mr. and Mrs. Donald C. Bryant 903 Highwood Street Iowa City,, Iowa 52240 Dear Mr. and Mrs. Bryant: lonThe City Council received your letter aonesside ofwith hLee etition be ret ain in ted' ark ecia requesting that p 4 Street at their meeting on 'January 16. The Council appr receiving your views as to the-desireability of retaining reet, and will keep in mind the parking on one side of Lee Stof the several comments receceoffrom parking ons certain bus routes and relating to the subject narrow streets. The Council discussed the subject of various methods of parking restrictions in conjunction with certain kstreet widths at'a recent meeting, and as y probably il as to wha asked the staff to provide further detacould asses stthe streets would be affected so that they impact of the proposals. in discuss this subject in the The Council plans to aga near future when the'informaton,requested is available, and will give serious consideration to the comments received from persons in the community. Sincerely, Xf— Thomas H. palmer Administrative Assistant THP: db 425 Lea St. Iowa City, Iowa January 9, 1973 Kir. Ray S. Wells, City Manager Mr. John E. Pappas, Director of Bus Transportation Mr. Ralph Spears, Director of Public Works Mayor C. L. Brandt, and Members of the City Council Loren L. Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemens RE: TO RETAIN PARKING ON ONE SIDE OF LEE ST. In addition to attaching our signatures to a petition being presented to you on the above' subject, we wish to stress our particular situation. Due to an unusually steep driveway it necessary for us to leave our cars in the street during winter storms. This driveway steepness was increased by the City at time paving was laid (home was constructed prior to paving of street) as the graded drive entrance was lowered; also. our closest street is Park Road, which prohibits parking. The developing of additional off street parking on hillside is impossible.' We propose that the bus routing (which brings about this possible proposal of no parking) be continued down River Street, eliminating the difficult corner for a bus to turn at River and Lee St., continue around Rocky Shore (an existing street without parking) and continue up Park Road (another no parking Street) with bus stop on Park Road at Lee St. This routing would serve same area patrons; would not prove a hardship on persons in the area and would allow Lee Street to retain the present degree of availability'. S ii'ncc -erely, Calvin A. Knight ` Bernardine M. Knight CIVIC CENTER. 410 E WASHINGTON ST. yp. g f "r � �l / ©• (����y'! p//y�/�/�//�/� IOWA CITY, IOWA 52240 w - 0 o � � 319951.1800 ... •IOYJA •A:':gYJA• January 19, 1973 Calvin H. and Bernardine,M. Knight 425 Lee Street Iowa City, Iowa 52240 Dear Mr. and, Mrs. Knight: ,The City Council received your letter along, with the petition requesting that parking `be retained on one side' of Lee Street at their meeting on January 16. The Council appreciated receiving your views as to the desireability of retaining parkingon one severaon one tscomments side of Lee street, and will keep in mind the received from members of the community relating to, the subject of; parking on.certain bus routes and i narrow streets The Council discussed the subject of various methods of parking restrictions in conjunction with certain street widths at a'recent meeting, and as you probably know, asked the staff to provide further detail as to what streets would be affected so that they could assess the impact of the proposals.' The Council, plans to again discuss this subject.in the near future when the,information,requested is available, and will give seriousconsiderationto the comments received from persons in the community. Sincerely, Thomas H. Palmer Administrative Assistant THP,:db a RESOLUTION NO. 73-16 RESOLUTION AUTHORIZING EXECUTION OF EASEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an easement with the State of Iowa for the use and benefit of the University of Iowa, a copy of said easement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to execute said easement and determines that said real estate is not needed for public purposes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are-herebyauthorized and directed; to execute:the,easement attached hereto; to the State ofi'Iowa'for the `use`and benefit,' of the University'of Iowa. 2.. That the City,Clerk shall.furnish copies.of said ease-. ment to the 'State 'of Iowa and any 'citizen requesting same. It was moved by'Connell 'and seconded by Czarnecki that the Resolution be adopted, and upon roll, call there were: AYES: NAYS: ABSENT: x Brandt x Connell X Czarnecki X Hickerson X White Passed and approved this 16 day of January, 1973. Matey rr ATTEST: City Clerk EASEMENT This agreement, made and entered into by and between the City of Iowa City of Johnson County, first party, and the State of .Iowa for the use and benefit of the, Universityof Iowa, second party, which expression shall include their agents_or assigns, witnesseth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby'. acknowledged, first party hereby grants and conveys to - second party an easement for the purposes of excavating for and the instal- lation, replacement, maintenance and use of the existing underground electric duct bank, line, pipe, main, and conduit as second party has electedto use for conveying electricity with all necessary appliances and fittings for use in connection with said line, together with adequate protection therefore, and also a right of way,.with the right of ingress and egress thereto, including all the area located within five (5) fee as follows: t to 'either aide of the line described Beginning on the South right-of-way line of Davenport Street,'Original Town of Iowa City. -Iowa, at'a'point located .218.1 feet Westerly from the' -centerline of Capitol Street; thence Southerly 320 feet more or less to.a. point of intersection with the Northerly right-of=way line of Bloomington Street,'said point lying 219.6 feet Westerly from the centerline of said Capitol Street, the above'describ- ed centerline is intended to be the centerline of the existing electric duct bank. First party further grants to second party: - 1. The right of ingress to and egress from said strips .over and across said lands by means of roads and lanes -thereon, if such -there be; otherwise, by such route or routes ,as shall occasion the least practicable damage and inconvenience to first party; provided that such -right of Angress and egress shall not extend,,to any portion of said lands which is is from said strip by any public road or highway now crossing or hereafter crossing said lands; 2. The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said strips; 3. The right to, mark the location of said .strips by Guitable markers not in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use first party shall make of said strips. (a) Second party shall not fence said strip; (b) Second partyshallpromptly backfill any trench made by it on -said strip and repair any damage it-shall_do to first party's private roads or lanes on said lands. (c) Second party, shall indemnify first party against any loss and damage _which shall becaused by -the -exercise ofsaidingress and egress, construction, and 'mainten- ance or.by any wrongful or negligent act, omission of second party, or ofits'agents or employees in the course of their employment. First party reserves the right to use saidstripsfor purposes which will not interfere with second party's full enjoyment of the rights hereby granted. 4. Second party hereby agrees to adjust any structures to correspond with any construction work done by first party for its use. _ 2 Firs -t party does hereby_ covenant with second party that they are lawfully seized and possessed of the'real estate above described; that they have a good and lawful sight to conve or an Y, it Y Part thereof. The provisions hereof shall inure to the benefitof and bind the successors and assigns of the respective parties hereto,_Iand all covenants shall apply to and run with the land: Dated this* .. day of A.D. CITYY OF IOWA -CITY By: Mayor. Q ATTEST: City Clerk STATE OF IOWA ) )_ SS JOHNSON COU144TY ) i On this �2 da of�-Pf. _y , A.D. 197- Y � , before me, the undersigned, a Notary Pub'l'ic in and forr said County, in said State, personally appeared Clement C. Brandt and Abbie.Stolrus, to be personally "know, who, being by me duly -sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said- instrument was signed (and sealed) on behalf of corporation, said corporationy authority of its Council, and that the said Clement C. Brandt and Abbie Stol;�us as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed _ Notary Public_in and for Johnson County RESOLUTION NO. ,73-17 RESOLUTION ESTABLISHING TAPPING FEE FOR ARBOR DRIVE RELIEF SEWER WHEREAS, it is proposed that the watershed lying north of the intersection of Scott Blvd. and Court Street, and, lying north of the intersection of Friendship Street and Court Street be developed without exceeding, the capacity of the sanitary sewer.network.by the construction of the Arbor Driue Relief Sewer. WHEREAS it is given that not more than a total of 60 acres Of single family dwellings, or the equivalent as determined by the City Engineer, can be served either directly or indirectly by the'existing sanitary sewer network. NOW THEREFORE BE IT RESOLVED that a tapping fee lin the amount Of $150.00 per acres be established for the construction of the Arbor Drive Relief Sewer,, to be`paid to the City Clerk, by any person, firm or corporation desiring;to be served either directly or indirectly by the sewers located at the aforementioned locations. NOW THEREFORE BE IT RESOLVED that any person, firm or'cor- poration desiring to serve either directly or indirectly any parcel which exceeds the 55 acre aggregate at the aforementioned loca- tions shall ''pay to the City Clerk an amount of $20,000 less the', amount ;of.Arbor Drive Relief Sewer tapping fees previously collected y the City. The Arbor Drive Relief Sewer *ill then be constructed by the City with these funds as soon as practicable, but prior to the construction of any development in excess of the 60 acre limitation. ,The person, firm or corporation will be reimbursed by.any future Arbor Drive Relief Sewer tapping fees collected by the. City.: NOW THEREFORE BE IT RESOLVED that after the construction of the Arbor Drive Relief Sewer not more than 85 acres 'of single', family dwellings Or the equivalent as determined by the City Engineer shall be served either directly or indirectly by the Sanitary Sewer at Scott Blvd. and Court Street; and not more than 55 acres of single family dwellings or theequivalentas determined by the City Engineer,' shall be served either directly or indirectly by the sanitary sewer at Friendship Street and Court Street. It was moved by Connell and seconded by Czarnecki that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Connell x Czarnecki x Hickerson x White Passed and adopted this 16 day of January, 1973. ATTEST: City Clerk Mayor RESOLUTION NO. 73_18 RES0LU'1'TON'ACCEPTTNC THE WORK _LINN/MAIDEN LANE/GILBERT ST. IMPROVEMENT PROGUff-DIVISION I WHEREAS,thc Engineering Department has recommended that the im- provSt. covering the construction of the Linn St. -Maiden Lane -Gil- bert St. Paving Project as included in a contract between the City of Iowa City and Metro' Pavers' Inc. of Iowa City dated June 28, 1971 , ____, be accepted, AND WHEREAS, the Council finds the improvement -is_in place and does comply with the requirements for such improvements, AND WHF.RFAS,maintenance bonds have been filed, NOW THEREFORE, BE 1T. RESOLVED by the City:Counci.l of Iowa City, Iowa, thaIowa said improve w City, `]rnaaents be hereby accepted by the City of Iowa . It was moved by_ Conn 11 and seconded by Czarnecki that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Connell x Czarnecki x Hickerson x White --- x Pa89ed andapproved this _ 16th day of January lq73 Mayo— ATTEST:_ City Clerk --_-- ' To The Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Gentlemen: Noel W. Willis of Powers -Willis and Associates'andtl hereby certify that the improvements involving the construction of paving as included, in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated.June 28, 1971,.has been completed by said contractor in `accordance with the plans and specifications ,governing ,said improvements. We further certify that the improvements, as constructed, in- cluded the following construction costs TOTAL CONSTRUCTION COST $ 181,114.47 TOTAL PREVIOUSLY PAID' 163,111.12 TOTAL DUE CONTRACTOR $ 18,111.45 Respectfully submitted, Frederick G. Moore, P.E'. Deputy Director/City Engineer FGM/mjc Councilman Connell introduced the following Resolution entitled "RESOLUTION DESIGNATING ENGINEER"`and moved its adoption. Councilman Czarnecki seconded the `motion to adopt. The roll was called and the vote was: - AYES: Brandt. Connell, Czarnecki NAYS: None ABSENT: Hickerson, -White Whereupon, the Mayor declared the; following Resolution -duly adopted: RESOLUrIoN No. -1a-+q RESOLUTION DESIGNATING ENGINEER WHEREAS, the Municipality of Iowa City, Iowa, proposes to construct sanitary sewerstobe constructedand financed in the manner 'authorized in Chapter 391A and Section 396.22, Code of Iowa' 1971, and_it is necessary that,the Municipality employ an engineer toprepare proper plats, schedules, estimates of costs, plans and specifications and to supervise theconstruction of the proposed improvements: NOW, THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Municipality of Iowa City, Iowa, hereby employs George R. Bonnett of Iowa City, Iowa, to prepare all necessary plats, schedules, estimates of-costs,,;plans -and`.specifications and to supervise the construction of said improvements, such - employment to be pursuant to the written contract of employment as Acting City Engineer already in force between said George R. Bonnett and the Municipality of Iowa City, Iowa. PASSED AND APPROVED, this 16 day of January: , 1973. 0 ATTEST:�&z Zx/ City Clerk Councilman Connell introduced the following Resolu- tion and moved its_•adoption. Councilman C I zarnep k i seconded the motion to adopt. The roll was. called and't a vote was: AYESBrandt. Connell_ C2arnPrki NAYS None ABSENT _ Hickerson Whi*e Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-20 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OFSANITARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY :IOWA WHEREAS,_ this.Council, after a study of the requirements, is of the opinion that it is necessary and desirable that sani- tary sewers be constructed within the Municipality.of Iowa City, Iowa, as hereinafter described; and . WHEREAS, it is proposed that said improvements be constructed under the authority granted by`Chapter 391A of the 1971 Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. :That the Municipality of Iowa City, Iowa, construct sanitary sewers as hereinafter.:describe'd Subdivision B ",The beginning and. terminalpoints of said improvements .s a 1.be as.:follows: SAINT ANNE DRIVE SANITARY SEWER 8" vitrified clay pipe sanitary sewer ;;from 70 feet westofthe east line of`lot '25, Conway Subdivision Johnson County, Iowa to 33 feet east of the west line of lot 19ofsaid subdivision. Beginning on the Conway Addition Sanitary Sewer at a point 136 feetE,_ofthe Prairie du Chien 'Road Sanitary Sewer; thence N_60' 30' 00" E 493 feet to a point` -33 feet south easterly from the south line of lot19of said subdivision. TANGLEWOOD STREET SANITARY SEWER 8" vitrified clay pipe sanitary sewer from 235 feet north of manhole #2 of a roadway commonly known as Bjaysville Lane to a point on the centerline of Tanglewood Dr. ,12 feet north of the north line of lot 11, Yocum Subdivision, Iowa City, Iowa; and to a point on Ventura Avenue 85 feet west of the east line of lot 2, Yocum Subdivision, Iowa City, Iowa. Beginning on the existing sanitary sewer at'a point N 02' 37' W 235 feet of manhole ;#2 of the-North`'Dubuque St.. Sanitary Sewer; thence N 020 37'-W 65 feet; thence N-22* 32' West 580.4 feet; thence N 13' 56' W 513.1 feet. Also commencing at'a point on the centerline of Tanglewood Dr. N'13' 56 W 275.4 feet of the south line of Yocum Subdivision thence,S 84'`04' W 358.0 feet. Subdivision C. That ��nnaftof Iowa City, is hereby �Q�' ordered,to prepare_and.file with-.thZ lei preliminary.plans'and specification. nd estimates 'of`the-to tal cost:of,the work 'and the plat and'•schedtile of'special;assessmenfs,aganst benefited properties. : Subdivision D. That -this Council hereby determines that. -- allsproperty:within.the.area hereinafter'described;will be specially. benefited by ..said improvements,,';to-wit:' 3' �. SAINT ANNE DRIVE SANITARY SEWER Lots 18, 19,,20,:21, 22, 23,24, 25 and -30 of;Conway's subdivision. TANG_L'WOOD'STREET SANITARY SEWER A_tract on Gov't. Lot 2, Sec. 3'Twp. 79 N,; Range 6 W of the 5th P.M. more particularly described as follows: Commencing at the stone at the southeast cornerof: the southwest quarter of the southwest quarter of Section 34, 1 Township 80 North, Range 6 West;of the Fifth Principal Meridian; thence easterly 10 feet along the section line; thence on an assumed bearing of South, 1302.7 feet; thence south 870 18'E,430.feet.to an iron pipe 5.3 feet East of the property line; thence south 00 07'' E, 73.4 feet; thence north 891 53'E,`60.00 feet to the intersection of the easterly and northerly lines of two proposed streets; thence north 00 07'W, 115.00 feet to the place of; beginning;: thence.continuingnnorth 00 071W, 115.00 -feet; thence north 60' 15' E,.88.00 feet; thence south 291 45'E, 100 feet; thence south 601 151W, 144.9 feet to the place of beginning. The south half (S 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) and the East Half (E'1/2) of the North- east Quarter of the Northwest Quarter (NW 1/4) and the beginning at the Northeast corner of the West Half (W 1/2)`of_the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) West 241 feet; thence South 78 3/4 rods; thence East 241 feet;:. -thence North to beginning;;and beginning 20 feet North ofthe Southeast corner of the West 'Half (W.1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter-(NW.,1/4);.thence South 284 feet; thence West 241feet; thence North 284 feet; thence East 241 feet to beginning all in Section Three (3) Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M.;+.also a strip of land used as right- of-way, beginning.264 feet South and 231 1/2 feet East of the Northwest Corner of`Government Lot Two (2). -Section -'Three .(3), Township Seventy-nine (79) North, Range Six (6) West of the 5th P.M.; South 19' 461 West 367'feet `to the -center of..Public_highway; South 450 42' East 23 feet; North 200f.East 299 Feet; North 74° 50' East 252 1/2- feet; .North 4"feet; West to beginriing,,`except for a tract in Gov't. Lot 2, Sec. 3'Twp 79 N, Range 6W of 5hh P.M. more particularly described as follows: Commencing at the stone at the 'southeast corner of the southwest quarter of'the `southwest quarter of Section-34,`Township 80 North, Range 6 West of the`Fifth Prifi&ipal Meridian"; thence easterly 10 feetalongthe section line;, thence on an assumed bearing of South, 1302.7 feet; ;thence south 87* 18'E,'430 feet to an iron pipe 5.3:feet -East of the property line; thence 'south 0* 071E, 73.4 feet; thence north 89' 53'E, 60.00 feet -to -the inter- section of the easterly', and northerly<'lines of two proposed streets which is the point of,:beginning; thence north 00 71W 230.00'; thence north 600 151E, 88:00'; thencesouth 2920,- 45 E,100'; thence south 600 15'W'66.9',"thence south 29' 45'E, 100'; thence south 60' 15'W, 135.0' to the placeof beginning Beginning Twenty-nine (29) Rods South of the North-west corner of the Northeast Quarter of the Northwest_' quarterIof Section three (3), Township.Seventy-nine<(79), North of Range Six (6), West of the Fifth P.M.; running thence East 25.40 rods to intersect the land of James Drizhal thence South 51 rods to _the South line of the Northeast Quarter of -the Northwest Quarter; thence West on said line to the Southwest corner of said Northeast Quarter of the Northwest Quarter of:Section'3, Township Seventy- nine (79), North of Range Six (6), West of the 5th -P.M.; thence North Fifty-one (51), rods to beginning. Lots 2, 3, 4, 5, 6,-7, 8, 9,r 10,'11 and 12 of Yocum's subdivision. Councilman Connell introduced the following Resolu- tion and moved its adoption. Councilmanz:he seconded the motion to adopt. The roll`was called..an e vote was, AYES: Brandt, Connell, Czarnecki NAYS: None ABSENT .Hickerson.`White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-21 RESOLUTION FIXING VALUES OF LOTS WHEREAS. this Council after full investigation has arrived at a determination of ,the value of each lot located within the 1973 Sanitary Sewer Improvement Project #1 valuation being set forth in a. preliminary schedu ai. enttledid "Schedule of Assessments for; 1973 Sanitary Sewer Improvement under the ._column the -e -n,.,. eaded 'Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values hereinabove referred to be and the same is adopted as the valuations of the _lots within the boundaries of,said 'improvements and the Clerk is hereby directed to forthwith deliver the same `to,IGeorge-R. Bonnett the Engineer for said project, said Georcce Rr Bonnett - to insert said values in the schedule of asses sments_whic hhe is to prepare and file with this Council. PASSED AND -APPROVED, this l6 day, of January , 1973. Mayor ATTEST: City :Clerk Councilman r.,,,;ne i introduced the following Resolution and moved its adoption. Councilman Beck i _'seconded the motion to adopt. The roll wac'oalla� an tia:.vote'.was, AYES:Brand-t. rc)nn 11 Q.arnecki - NAYS: - ABSENT: Hickerson, White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-22 RESOLUTION ADOPTING PRELIMINARY PLAT AND.SCHEDULE, ESTIMATE OF COST AND, PROPOSED PLANSANDSPECIFICATIONS.FOR THE 'CON- STRUCTION OF THE 197q SANZTARY'SEWER IMPROVEMENT PROJECT #1 WHEREAS, thisCouncilhas caused to be prepared plat, schedule and estimate of cost, together with plans and specifications, for the construction of:the 1973 SanitarySewer` Improvement project °1 and this Council, has fixed the valuations of the property pro_ posed to be assessed as shown therein, and WHEREAS, said plat,:and schedule, estimateof cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED B CITY OF IOWA CITY, IOWA: Y THE CITY COUNCIL OF THE - That said plat and schedule, estimate of c and specifications be and the same ost and plansare hereby adopted as the proposed plat, -schedule, estimate Ofcostand-plans and speci- fications for said improvements and are hereby ord on file with the Clerk for public inspection., ered placed BE IT FURTHER RESOLVED that the boundaries of the District for the making of ,said improvements, as shown in.the-Engineer's plat, be and the same are hereby fix said ed as the boundaries for 1973 San;ra S _- r-Smnrnvement „____ PASSED AND APPROVED, this.da of . --� _January 1973. ATTEST: ayo� r r City Clerk Councilman , Connell'' introduced the following Resolution entitled RESOLUTION— OF NECESSITY and.•moved that it be adopted. -- —Councilman Czarnecki seconded the motion.' The matter was dis- cussed'and the xoll being called the vote was, AYES•: Brandt. Conn 11. C2a�nP�k' 14AYS: None ABSENT: Hak Gnn, Loh;te Whereupon, the Mayor declared the motion adopted: RESOLUTION NO., 73-23 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and ,plat and schedule and estimate of cost are now on file in the.office of the Clerk showing the boundaries.of the district containing the properties and lots:'to be 'assessed, locations of the improvements, each lot proposed to be assessed; together with i.valuation of each -lot as fixed by -' the ;'Counci, and estimate of'the'cost of the entire proposed improvements, stating the cost of each type of construction and 'kind of materials to'be used, and an estimate of the amount proposed to be assessed against each lot, for the construction -of the1973 an' as hereinafter -described in the: unlclpa 1ty o Iowa C1ty, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,_IOWA: That it is deemed desirable, advisable and necessary to construct the __1973 San;tare Sewer Tm orov m nt Prnjar+ !!1 in the Municipality of 10wa City, Iowa, to -wit: MICROFILMED BY MICRO -TECHNOLOGY, INC. CEDAR RAPIDS, IOWA 1 1�1 4gr: J �� c 1 t t3 and this Council has fixed the valuations of theproperty' pro- posed to be assessed as shown therein, and WHEREAS,' said plat:and schedule, estimate of cost and _plans and specifications appear `to`be proper for the purpose intended: NOW, THEREFORE, ,IBE IT RESOLVED BY.THE CITY COUNCIL OF THE CITY OF IOWA CITY,` IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the.same are hereby adopted as the proposed plat, schedule,.estimate of cost and plans and speci- fications for said`-improvements--and __are hereby ordered placed on file with the Clerk -`for public inspection. BE IT FURTHER RESOLVED, that -the 'boundaries of'the District for the making of said improvements,.' as shown-in the Engineer's plat, be and the `same are-hereby fixed as`the boundaries for said 1973 Sanitary 'Sewer >Imnr vement-Project f PASSED AND APPROVED, this 16 day of; January r-1973. Mayor', ATTEST: City-Clerk Councilman Connell introduced the following Resolution entitled RESOLUTION OF NECESSITY and moved that it:be adopted, Councilman Czarnecki seconded the motion. The matter was dis- cussed and the roll >being`called the vote was, AYES: Brandt. Connell, Czarnecki NAYS: None ABSENT: Hickerson, White Whereupon, the Mayor declared the motion adopted: RESOLUTION NO. -73-23 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of,cost`are now on"file in"the office of the Clerk showing. he boundaries,of:the district containing the properties and lots tobea>etssed,;:locations of. the improvements, each lot proposed to be assessed, together with a.-Valuation. of each lot as fixed by Zhe Counci, and estimate of the cost of the " entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and'an estimate of the amount proposed to beassessed against each'lot, for the construction of the 1973 San' as hereinafter described in the Municipa ity o `Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE CITY 'COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct the 1973'San'tar # in the Municipality o Iowa City, Iowa, to-wit: ■ M Said improvements within said District are located and des- cribed in the following "Notice to Pro perty:Owners" set outin this Resolution of Necessity. The method of construction 'shall "be by contract. The entire cost`.of said improvements will be assessed to the properties within the boundaries of the district. No_property shall be assessed more than it benefited `by theimprovements nor more than 24% of its actual value -orf -the date of its assessment. Said -assessment will include a ten percent Default and Deficiency Fund as authorized by Chapter.391A,'.Code of Ioway1971. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the_amount.-which is derived from cash payments made-by_property owners during the thirty day collection period and the sale of Sewer Improvements Bonds issued against assessments'' on 'benefited` properties ' and 'the, total cost of the improvements, shall be Paid for frZ�m the ;proceeds derived - from the issuance and sale of bonds as-authorized.by Sections 391A.35 and 396.22, Code of Iowa, 1971, and/or from such other funds of said:Muni.cipality as may be.legally used for such purpose. BE IT FURTHER RESOLVED, that the Council of the Municipality of Iowa City, Iowa, meet at 4:00'o'clnrk a_ror �„ Feb. 6 , 19731 in the CouncilChambers' :in the City Hall -for the purpose of con- sidering objections.'to -the preliminary plans and -specifications and estimates of costs and-to".the making -of said -improvements. Unless property owners at'the -time oi-,the>finalconsideration of this resolution have on file with the Clerkobjections to the amount of the proposed assessment,:;theyi_shall -be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency ;of this resolution and'of the time and place of hearing objections thereto,r.and to the said preliminary plans and specifications,: -estimates of cost and to'the"making of said improvement said Notice to be in substantially thefollowing form: . The south half (S •2)' of the Northwest Quar Northeast Quarter .(NE 1/4) and: the'-East':,Hdlf east, Quarter= of :the Northwest -=Quarter; (1 at the Northeast corner' --of the West :Hal: - Quarter (NE`1/4)'of the ,Northwest*QU arty __ thence South. -78 3/4 ro'ds`p thence East:: 2� beginning; and beginning`20 'feet North `c of the West, „Half_ 1/2)-of -of-'.IE-he- Ncrthea: Northwest Quarter `( NW ,1/4) ` .thence Sout1 241 feet; thence North .284 feet;: .thence all in Section Three (3)''Township Sevent Six (6) We"s t= -of the 5th P Malso a'7st of -way, beginning,.264-feet South and'>23] Northwest Corner of Government Lot 'Two (2)'.Sect Township Seventy-nine (79) North, Range -Six .(6) P.M ! South 'a* 46'` West>367.'feet tothe South 45° 42! East::23-feet; North 200<Ea 50' East 252 1/2 feet, -,North' feet;: -Wes for a tract in Gov' -t. Lot 21 -Sec. 3 Twp`, P.M. more particularly described as_foll Commencing at the 'stone at the,southeast quarter of the southwest';quarter.of Sect Range`6 West 'Of -the -`Fifth Principal;Meri 10 feet along;,the;section line; ^thence o. of South, 1302.7 ,feet; '-:thence ;south ;87.° iron pipe 5.3 fee'tEast 'ofthy= property :'. 07'E, 73.4 feet; thence north -:".89° 53'-E, section of the easterly. and northerly`-1ii streets 'which is the.point of'beginning;` 230.00'; thence north 60 %15'E, '88 :00'; 1 E,100'; thence south 60,; 15'W"66:91.;;thei 100'; thence --`south 600 -15' W,' 335.0'. to tl Beginning Twenty-nine (29) Rods.South`of of the Northeast Quarter of the Northwesi three (3), Township, Seventy nine,(79) Nc West of the Fifth P.M. running,. thence' -E' the land of James Drizhal; thence South E line of the Northeast Quarter -of the-_Nort West onsaidline to the Southwest cornet Quarter of the Northwest Quarter of;_Secti nine (79), North of -Range Six '($), West`c North Fifty-one (51) rods to beginning;: Lots 20 3, 4;_ 5, 6".-7,',8, 9, •10,; 11 'and: 1 J thence S 390 30'.W 175' to a point. andcommencingat an existing storm sewer-manhole-on Court Street which-is located 12 feet south of lot.15;'Morningside Addition,thence N50' 30'W76 feet to the point of beginning; Thence N 5no if)ow rin a__� r' Councilman e7arnPnki introduced the following Resolu- tion and moved its adoption. .Councilman Connellseconded` the motion to'adopt. The roll.was called :and.t e,vote was, AYES: Brandt. ''Con nell, Czarnecki NAYS: None ABSENT Hickerson, V711ite Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 73-26" RESOLUTION' FIXING VALUES OF LOTS_ ;I WHEREAS. this Council -after -full investigation has arrived at a determination of the value of each lot located:within the Ift. White Blvd. Storm Sewer Project said valuation being set forth in a;preliminary schedule entitled "Schedule of Assessments for iWm. (white Blvd. Storm7Sewer Project ," under the column,therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE".CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said -schedule of values hereinabove referred to be and the 'same is 'adopted as the. valuations' of the lots within the boundaries of said improvements and the Clerk'is hereby directed to -forthwith deliver the same to George R. Bonnett the Engineer for said project, ;said George-R..Bonnett to insert said values in the schedule of assessments' which he is to prepare and file with "this.Council PASSED AND. APPROVED, this_ day of ,TnnnaQry . ,1�973.- Mayor ATTEST: - ity<Cler Councilman r7.Arpnrki introduced the following Resolution and moved its adoption. Councilmanseconded the motion to adopt. The roll was __called andihe vott'was, AYES Rranrl f-fnnno•11 r7nrnonlri - - NAYS: <None ABSENT: Hicherson, White Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. --73-27 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS 'FOR THE CON- STRUCTION'OF THE WM ' WHITE'%BOULEVARD-STORM SEWER PROJECT WHEREAS, this Council has caused to be prepared plat, schedule and estimate of cost, together with plans and specifications, for the construction of the Wm. White Blvd. Storm Sewer Project NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and _.specifications be and thesame are hereby adopted as the proposed plat, schedule, estimate of 'cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of.the District for the making of.said improvements, as -shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said Wm. White Blvd. Storm Sewer Proiect' PASSED AND APPROVED, this 16 day of January 1973. Mayor.` ATTEST: City Clerk Councilman Connell introduced the following Resolution entitled cNECESSITY and motion. -Th that ematter adopted. Councilmann Czzarnecki- seconded the ter was dis- cussed and the oT being called'the.vote was, AYES: Brandt, Connell; Czarnecki NAYS: -None ABSENT: Hickerson. White Whereupon, -'the Mayor declared the motion adopted: RESOLUTION NO. :73-28 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of.cost are now.on file in the 'office of the Clerk showing the boundaries of the district containing the properties and lots to be assessed, ,locations 'of'the improvements, each lot proposed to be assessed,together with a valuation of each lot as fixed by;,the_;Counci,,`.and'estimate of:the-cost of the entire proposed improvements, stating the cost of.each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the Wm. White Blvd Storm S r P o' ct as hereinafter described in the Muna.cipa ity_o Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY OF IOWA CITY,: IOWA: That it is -deemed desirable, advisable and necessary to construct the Wm.-P7hite-Blvd. Storm Sewer Pro'ect`' in the Municipa ity o Iowa City, -Iowa, to -wit: i Said district containing the properties 'to be'assessed is set out `and -described in the following :"Notice -to -Property Owners" set out in this Resolution of' -Necessity. Said improvements within: said District are located and des- cribed in the following "Notice to Property Owners set out in this Resolution of Necessity. ' The method of construction shall,.be by contract: The entire cost of said impr07-ements will be assessed to the properties within the boundaries__of the --district: No property shall be assessed more than it benefited by the improvements nor more than 24% of its actual value on the 'date 'of its assessment. Said assessment will include a ten percent Default and Deficiency Fund as authorized by Chapter 391A, Code of Iowa, 1971. A plat and schedule and estimate of costs are now on file in the 6ffice of the Clerk aslrequired`-by-law. Any difference between the 'amount which ;is derived from cash payments made by property":owners during the thirty day collection period and the sale of Sewer Improvements Bonds issued against assessments on benefited properties and the total cost of the improvements; shall be paid for-from_the proceeds derived from the issuance and sale of 'bonds as authorized by Sections 391A.35 and:396.22, Code of Iowa,.1971, and/or from such other funds of said Municipality as may be. legally' used, for such purpose. BE IT FURTHER RESOLVED, that the Council of theMunicipality of Iowa City, Iowa, meet at 4:00 o'clock P -M_ on Feb_ 6 , 1973, in the Council Chambers in the City Hall for the purpose of con- sidering objections :to the preliminary -plans andspecifications and estimates' of costs and to the 'making of said 'improvements. Unless property owners at the .time of,the final consideration of this resolution have on file with the Clerk objections to the amount of the 'proposed assessment, they; shall -be deemed to have waived all objections thereto. BE IT FURTHER RESOLVED, that the -Clerk is hereby instructed to cause notice to be publishedand mailed as required by law of the pendency of this resolution and of the time'and place of hearing objections`thereto,."and to the said preliminary' plans and specifications, estimates of cost and to the making of said improvement "said 'Notice 'to be in substantially `the following form: NOTICE TO PROPERTY'OWNERS - Notice is hereby given that there is now on. file for public inspec.tion ;in the office of the Clerk Of: Iowa City, Iowa, -:a proposed Resolution of Necessity, an estimate -of cost and plat and -schedule showingi,'the amounts proposed to be assessed -against -each lot and -the valuationthereof within a district as approved;.by the.Council-of,'Iowa city, Iowa, for the Mn 'White Blvd. Storm'Sgwer Proiect of the type and .in -.the -location as'follows:< 15" reinforced concrete pipe storm sewer from Wilson Street southwesterly 175 feet along the -south east line of lot 9 Morningside Addition; and 2111 and 24" Reinforced concrete pipe from the southeast line of lot' 13, Morningside Addn. northwesterly 610 feet along a,public.right-of-way;-commonly _ known as Wm. White Blvd. Beginning at an existing storm sewer inlets which are located on Wilson Street between lots 9 and 10 of Morningside Addition, Iowa City, Iowa; thence S 39' 30' W 175' to a point. and commencing at an existing storm sewer manhole on Court St. which is located 12 feet south of Lot '15,.Morningside Addn., thence N 500 30' W 76 feet tothepoint of beginning;, Thence N 50' 30' W 610 feet toanexisting storm sewer That the -proposed District to be benefited ,and subject to assessment for the ;cost of such improv' follows: is_described as _ Outlot 1, West Bel -Air Addition, Part 2.': Lots .1, 2, 3, 4, 5, 6, '7, ,8,_ 9, 10,` 11, 12 and 13 of; Morningside Addition. Lots A,;B,.C; D,,and E ofthe`subdivision of the SE 1/4 of the SW 1/4 of -Section -11-79-6. A parcel described as follows: Beginning at .the SW corner of Lot A of the,' Subdivision of the SE 1/4 of the SW 1/4 of Section 11-79-6, 'thence%north 291.8 feet to the south dine of_a;public right-of-way formerly :known :`as.'Wm. White Blvd.; thence Northwesterly along said line 192.9 feet thence south 220.0 feet; thence East 75 feet; thence South to -the North'.line of College _Street; 'thence`East 74 feet along the North line of College Street to the point of - beginning. at the Council Chambers'i The Council will meet at 4:00 o'clock P.M. �nn'Feebb .1973 n the City Hall, at which time t e owners of property subject to assessment for the :proposed improvements, appear and be'heard'-for`or against the making of the improve- ments, the boundaries of`the 'District, the cost,:,the assessment against any lot, or the final Adoption of a Resolution of Necessity. - ClerkofIowa-City,, Iowa RESOLUTION NO. RESOLUTION AUTHORIZING AXENDHENT TO CONTRACT FOR BUSINESS RELOCATION MALL, CITY-UNIV. IA R-14 WHEREAS, the City of Iowa City has awarded a contract to Park Fair Inc. said contract entered into on Nov. 17, 1972 and, WHEREAS, it is deemed that certain changes in the plans and specifications are. necessary due to construction changes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated II/L7/72 -entered into by the City Of Iowa City and Park Fair, Inc. for the construction of the Business Relocation Mall. City -University Project Ia. R-14. ,as follows: A. Extention of contract!completion date to January 13,' 1973, no penalty assessed. B. Alterations to modular units caused by change in occupancy and, electrical code requirements,., $10,205.00 addition. C. Deductions of $471. from reduction in work on one unit. 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to said contract incorporating the above amendments. It was moved by _Connell and seconded by Czarnt-nki that the res . olution as.read be'adopted, and upon roll call there were: AYES: NAYS: ABSENT., Brandt Connell Czarnecki Hickerson White Passed and approved this .16th day of January 1973 ATTEST: Mayor CitY,Cler To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Gentlemen: Allen R. Baker of Shive-Hattery and Associates and I hereby certify that the improvements involving the construction of a'sanitary sewer and lift station, as included in a contract between the City of Iowa City and Dave Schmitt Construction Co., Inc.:of Cedar Rapids, Iowa, dated April 18, 1972, has been completed; by,said-,contractor in accordance with the plans and specifications governing said improvements. We further certify that the improvements, as constructed, included the following construction costs: TOTAL CONSTRUCTION COST $ 40,770.35 TOTAL PREVIOUSLY PAID 35,924 67 TOTAL uUE CONTRACTOR $ 768.64 Respectfully submitted, George R. Bonnett, P.E. Acting Deputy Director/City Engineer GRB/mjc Iowa City, Iowa, "' January IL , 1973 The Council of Iowa City, Iowa, met on the above date in regular _ session pursuant to law and the rules of said Council and in accordance with the terms of a notice of meeting, a copy of which was served on each member of the Council within the time required by law and accepted in writing by each member thereof, said notice of meeting being as follows: NOTICE Iowa City, Iowa, Januar 16 , 1973 TO: Robert Connell EHaar r7.Arng-rkj Tnran Hickerson' J. Patrick Whi Councilmen Iowa City, Iowa Dear Sir: You are hereby notified that a meeting of the Council of Iowa City, Iowa, will be held on the day of January , 1973, -at the City�Ha 1 in - - Iowa City, Iowa, at' `4:00 o'clock ' M., for the purpose of considering the adoption of a Resolution Accepting Work and Ordering Preparation of Plat and Schedule of Assessments and for such other business in connection therewith as may come before the meeting. Respectfully submitted, Mayor Service of the foregoing notice is hereby acknowledged. S/ C. L. Brandt SJ Robert Connell S/ EdgarCzarnecki S% Loreri Hick rson $/ Pt -rick- Whi .P . -1- ANLERS. COONEY.-DORWEILER• ALLOSE S HAYNIE. LAWYERS. DES MOINES. IOWA The meeting was called to order by <c`' I 'Brandt Mayor, and on roll call the following Council Members were present: Brandt Connell Czarnecki Councilman Connellintroduced the following Resolution entitled "RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF PLAT AND SCHEDULE OF ASSESSMENTS" and moved its adoption. Councilman '-7a necki seconded the motion to adopt. The roll was called and the vote was, AYES: i3rajjdronnell rarnPalo �XK IAbsientHitkarannrit;tp,•. _ - Whereupon the Mayor declared the following Resolution duly adopted: _Z_ AHLERS. GOONEY. DORWEILER. ALL6EE s HAYNIE. LAWYERS. DES .MOINES. IOWA RESOLUTION NO.. 73-30 RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF PLAT AND SCHEDULE OF ASSESSMENTS WHEREAS, on the '28th day of March 1972, the Municipality of Iowaowa City, Iowa, entered into contract with Dave Schmitt Const. Co. of Cedar Rapids, Iowa, for the construction of the South Riverside Drive Sanitary Sewer Improvement Project, in the Municipality of Iowa City, Iowa, as therein described; and, WHEREAS, said Contractor has fully completed the construction of said improvements, known as the South Riverside Drive S siitary Sewer Improvement Project, in accordance with the terms and conditions of said contract and plans and specifications, as shown by: the certificate of the Engineer filed with the Clerk on 'January 9,"1973 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said report of the Engineer be and, the same is hereby approved and adopted and said improvements are hereby approved and accepted as having been fully completed in accordance with the said plans, specifica- tions and contract, and the construction cost is here- by determined to be $ 40;770_35-- as shown in said report of the Engineer. BE IT FURTHER RESOLVED, that the Engineer is hereby instructed to prepare a plat and schedule showing the separate 'lots or parcels of ground subject to assessment . for the cost of said improvements, together with the - - names of theownersthereof, so far as practicable, and the amount assessable by law against each lot or parcel of groundsoassessable, and against any railway or street railway_ legally assessable therefor, and the whole amount of the cost of said improvements shall be assessed -against the benefited properties, which said plat and schedule, when completed, shallbefiled in the office of the Clerk. 1973. PASSED AND APPROVED this 16 day of January Mayor -3- ARLERS. GOONEY.. DORWEILER. ALLSEE s HAYNIE. LAWYERS. DES MOINES. IOWA `.1 I CouncilmanCorinpii introduced the following Resolution entitled "RESOLUTION ADOPTING AND LEVYING - - - FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF" and moved its adoption. Councilman - Czarnecki. -seconded the motion to adopt. The roll was called and the vote was, AYES: Brandt, Connell, Czarnecki NAXRX Absent: Hickere�n, Wh;fa Whereupon the Mayor declared the following Resolution duly adopted as follows: - RESOLUTION NO. 71-31 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That after full consideration of the schedule of assessments and accompanying plat showing the assess - merits proposed to be made for the construction of the South Riverside Drive Sanitary -Sewer Improvement Project, within the Municipality; of Iowa City, Iowa, under contract with Dave Schmitt Const.,Co. of Cedar Rapids,,, --Iowa rwhich plat and schedule was filed intheoffice of the Clerk on the 9th day of �January , 19'73 said assessments y cb are hereborrected y making the following changes and reductions: NAME OF PROPERTY OWNER AND PROPOSED. FINAL CORRECTED FINAL. DESCRIPTION OF PROPERTY ASSESSMENT ASSESSMENT I All other objections filed are hereby overruled; and after full consideration, appraisement and apportionment_ of the special benefits conferred upon the properties shown in said schedule and plat of the said improvements, this Council finds that the said property i's specially benefited by the said improvements in the amounts shown, on said schedule, as herein corrected; and that the'said amounts -.are in proportion _ to the special benefits conferred upon the properties by said improvement, and are not in excess of such benefits and are not in excess of 25% of the actual value of the lots, parts of lots and parcels of land shown in said schedule. BE IT FURTHER RESOLVED, that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted, as herein corrected; and that there be, and is hereby assessed and levied,,as a special tax against and upon each `of'the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, and the real estate and personal property of the railway companies whose properties and tracks are within the improvements described, shown in said schedule, the respective sums expressed in figures set opposite to each of the same, as corrected by this Resolution, on account of the cost of the construction of the said'improvements;:and said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess there- of, and not in excess of 25% of the value of the same. BE IT FURTHER RESOLVED, that said assessments. of $25.00 or more shall be payable in tu-n equal annual installments and shall bear interest at the rate of :7$ per annum from the 16th day of January , 19 73` , the 'date of the acceptance of the improvements; --the first installment of each assessment, or total amount thereof, if it be less than $25.00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable =on'January 1, 1974 ; the succeeding annual installments, with interest or the whole unpaid amount, shall respectively become due on January lst annually thereafter,' and shall be paid at the 'same time and in the same manner as the March semiannual payment of ordinary taxes. Said assessments shall be payable at.the office of the County Treasurer of Johnson County, Iowa, and thesamemay be paidthere in 'full and without interest within thirty days after the date of the certification of the plat and schedule of .assessments to the County Auditor of Johnson County, Iowa, BE IT FURTHER RESOLVED, that the Clerk be and he is hereby directed to certify said plat and schedule to the County Auditor of Johnson County, Iowa,,and to publish notice of said certification once each week for two consecutive weeks in the iowa'City Press. Citizen , a newspaper printed wholly in the English language, pub- lished and of general circulation in Iowa City, Iowa, the first publication of said notice to be 'made within fifteen days from.the date of the filing of said schedule with the County Auditor, the Clerk shall also 'send by certified mail to all property_ owners whose 'property -is subject to,assessment a copy of said notice, said - mailing to be on or before the date of the first pub- lication of the notice, all as provided and `'directed by Code Section 391A.25, Code of Iowa, 1971. 1973. PASSED AND APPROVED this j day of Ta, Mal_ ' SOUTH RIVERSIDE^DRIVE SANITARY SEWER IMPROVEMENT PROJECT ;WITHIN THE CITY OF IOWA.CITY, IOWA TO THE PERSONSOWNINGLAND LOCATED WITHIN THE -DISTRICT DESCRIBED AS THE SOUTH RIVERSIDE -DRIVE `SANITARY SEWER IMPROVEMENT PROJECT 'WITHIN THE.CITY'OF IOWA CITY, 'IOWA: consisting of the properties which are described as follows: SECTION I>- LIFT STATION Beginning at the intersection of the Chicago, Roc;: Islam: and Pacific 'tailroad Southerly right-of-_virv,linc and the Wester]; bank of the Iowa -River in Section 22 rllnt•;nahir "i'1 �_•. = a==yC o Ivesc or .the Fifth Principal Meridian, Iowa City, Johnson.County Iowa; thence Southerly,'along the said Westerly, bank of the Iowa River to the Southeast corner.cf Lot 3 of Paden's Re - Subdivision of Lcts 1 and 4 of Charles Subdivision of said Section 22 Thence Northwesterly along the Southerly line of said Lot 3 to -the Southwest -corner of said Lot 3; thence Southwesterly totheSoutheast corner of the Burger Construction Company parcel as recorded in Deed Record Book 329, Page- 66, records of the Johnson County, -Iowa Recorder; thence South 01° 36' 34" West 221.87 feet to a point; thence North 89' -54' 25" East 198.01 feet to a point; thence South 0° 05' 35" East to a of said Section 22; point on the South line thence Westerly along the South line of said Section 22 to the Southwest corner of said Section 22; thence Westerly along the South line of Section 21, Township 79 North, Range 6, West of the`Fifth`Principal Meridian to a point of intersection with `the Easterly right-of-way line of said Railroad; thence Northerly along the Easterly right-of-way line of said Railroad to a point of intersection with "a line drawn parallel with and 230.0 feet Southerly from the North line of the Southeast_quarter_of the Southeast quarter of said Section 21;' thence Westerly along a line drawn parallel with and 230.0 feet Southerly from the North line of the Southeast quarter of the Southeast euarter of said Section 21 to a point lying 217.0 feet Easterly from the. Nest 'line of the Southeast quarter of the Southeast quarter of said Section,21; -8_ ANLERS. COONEY. DOAWEILER. ALLBEC \ HAYNIE. LAWYERB. DES MOIN EB. IOWA I thence Northerly '230.0 -feet to a point of -intersection with the North line of the Southeast quarter of the 'Southeast quarter of.said Section 21, said point lying 217.0 feet Easterly from the Northwest corner of the Southeast quarter of the Southeast quarter of said Section 21;,. thence Easterly along the North line of the Southeast quarter of the Southeast quarter of said Section 21 to`a.point of intersection -with the Southeasterlyright-of-way line of said Railroad: thence Northeasterly along the Southeasterly right -of wav line of said Railroad to the most Westerly corner of the C. Urban Kelly _trust property as 'recorded in Deed Record Book 334, Page 236, records of the Johnson County, Iowa Recorder; thence South 211 56' East 623.2 feet; thence North -56° 59' East 320.9 feet; thence North 210 56' West 716.4 feet to a;point of inter- section with the.Southeasterly right-of-way line of said Railroad; thence Northeasterly along the Southeasterly right-of-way line of said `Railroad -to.point of beginning. SECTION II - SANITARY SEWER Parcel No. 1 The North 11_.25 acres -of that part ofLot 1, of Charles' Subdivision of Lots 5`and 6 -of -'Section 22, Township 79 - North, Range 6 West of the Fifth Principal Meridian (and'other'lands).lying and:being South and East. -of the right of way of the B.C.R. & N. Rai lday,';and also all that part of Lot 7 of.;saidiSection 221 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, oftheDeed Records of Johnson County, Iowa,_and reference is had to said deed for a more particular description.of said tract. Parcel No. 2 Beginning at the northwest corner of Lot,2 of Paden's Resubdivision of.Lots l and 4 of -Charles': Subdivision of Government Lots5 and 6 located in the southwest quarter of Section; 22, Township 79 North, Range 6 West of the Fifth Principal Meridian and shown on page 138 of Book 1 of the Plat Records of Johnson County, Iowa; thence east on the north line of said -Lot 2 a` -distance 'of 650 feet; thence south 2"degrees 40 minutes west 134 feet; thence west650feet; thence north 2 degrees 40 minutes east 134 feet to the place of beginning. -9- ANLERS. COONEY. DORWEILER. ALLSEE i HAYNIE.. LAWYERS. DES MOINES. IOWA - - Parcel No..3 Lot 2 of Paden's Resubdivisionof Lots 1_and.4`of Charles' Subdivision of the southwest -quarter.of'Section `22, Township 79 North, Range 6 West of the Fifth Principal Meridian, according -to -the plat thereof recorded,in Plat Book 1, page _138[of the Plat'Records-of Johnson' County, Iowa, excepting therefrom the following described tracts: Beginning at the northwest corner of.said Lot 2, Paden's-Resubdivision; thence east on the north line of said Lot.2 a distance - of 650 'feet; thence 'south '2 degrees 40 minutes west 134 feet; thence west650feet; thence north 2 degrees 40 minutes east 134 feet to the place of`beginning-and commencing at a`point on the east line of the'Public Highway, which point is 134 feetsouth'2 degrees 40 minutes west of the northwest corner of said Lot ,2.of-Paden's'Resubdivision; thence south 89 'degrees 25 minutes east 252 feet; thence south 2 degrees 40 minutes west 153.5 feet; thence north 89 degrees 25 minutes west 252 feet; - thence:north`2 degrees 40 minutes east 153.5 feet to the place of beginning. Parcel No. 4 Lot 3 of Paden's.Resubdivision of Lots1 and 4, Charles' Subdivision `of"the southwest quarter of 'Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, according;to the plat thereof recorded on Plat Book 1, page 138 of the Plat Records of Johnson County, Iowa, excepting therefrom the following' described tract: -- Beginning at a point 202 feet southwesterly from the northwest' corner' of said Lot 3,, Paden's.<Resubdivision, and on the west line thereof; thence south 85 degrees 52 minutes east 384 feet; thence south` 17' degrees10minutes west 549 feet to the original south line of said Lot 3; thence north 76 degreeswest215 feet; thence north 5 degrees 30 minutes west 360.5 feet; thence easterly 21 feet; thence north 2 degrees .40 minutes east 142 feet to the place of beginning; The area of the entire tract so described is 3.7 acres, more or less. -10- AHL[R[. COONry. DOPW[iL[11. ALLiii HAYNIE. LAWYER[; DES MOINEs. IOWA . -- The extent of the work 'completed on the South Riverside Drive Sanitary Sewer Improvement Project, is as follows: ....... SECTION I LIFT STATION Lift Station installation - a -new prefabricated two pump; sewage pumping station_ locatedapproximately430 -- feet east of the northwest corner of Lot 31 Paden's Re Subdivision of Lots 1 and 4 o Charles'Subdivision,, Iowa City, Johnson_County,jowa. -- Force Main - 4 inch cast iron pipe commencing at the proposed new Lift Station -located along the north.line of Lot 3, said Pade.n's Re -Subdivision.' The centerline of said force main is described as'follows: Commencing as a point of reference.at the northwest corner of.Lot 3, Paden's Re -Subdivision of Lots 1_and 4 of Charles' Subdivision, Iowa City, Johnson County, Iowa; thence East 430.0 feet along the north line of said Lot 3 to`a point of beginning of centerline herein described; thence North 11° 11' 00": East 506.0 feet to a point; thence`North*00'-10' 00" West 265.0 feet to a point of intersection with the north line of Lot -2; said Paden's Re -Subdivision; thence continuing North 00 10' 00" West 10.0 feet to a point; thence West 495..4 feet along a line parallel with and 10.0 feet north of the north line of said Lot 2 to a point -,in the South Riverside Drive right-of- way; thence North 2* 12' 00" East -139.6'feet to.a point; thence North 420 48' 00' West -27.0 feet to -'a point; thence North 2°,12' 00" East 89.5 feet to a point and end of centerline herein described. AHLERS. GOONEY. DORWEILER. ALL*EE HAYme. LAWYER*. DES MOINES. IOWA _.......... ........ .......... ..... SECTION 1I- SANITARY SEWER Sanitary Sewer - 8 inch vitrified clay pipe, commencing atthe new liftStationlocated along the north line of Lot 3, Paden's Re -Subdivision. .The centerline of said Sanitary Sewer is described as follows: Commencing as a point of reference at the 'northwest corner of Lot 2,-Paden's Re-Subdivision`of'Lots l and 4 of Charles' Subdivision, Iowa City, Johnson County, Iowa; thence East 497.4 feet along the north line of said Lot 2:,to a point (this is an assumed bearing for purposes of this description only) thence North 00 10' 0011. West 10.0 feet to point of beginning of centerline herein described; thence South 0°`10' 00" East 275.0 feet to'a point; thence South 110 11' 00" West 506.0 feet to a point; thence South 170 01' 30 West 440.0 feet to a point; thence North 720. 44' 30" West 10.0 'feet to a point and -end of :centerline herein described. - You are hereby notified that the final plat and schedule of assessments against benefited properties wi. thin the.Districtdescribed as the South Riverside _ Drive Sanitary Sewer ImprovementProject, for the construction of sanitary sewers, has been adopted and levied by the Council of the Muni'cipality.:of Iowa City, Iowa, and -°that said plat and schedule of assessinents has been certified to the.County Auditor of -Johnson County, -Iowa. Assessments of'$25.00'or more are payablein ten equal annual installments commencing with the installment due January 1, 1974, together with interest on the unpaid assessment attherate of -7% per annum from :-January 16 , 1973 , 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 1974 . You are furthernotified that assessments may be paid in full without'' interest at the office of the County Treasurerof Johnson County; Iowa, at.the County.Courthouse 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 January 19 19 73 f (date of filing with County Auditor). Unless said assessments are paid in full within said thirty day period which' commences on January 19 , 19 73 1 (date of certification) , -12- ANLERS. COONEY. DORWEILER. ALLSEE HAYNIE. LAWYERS. DES MOINES. IOWA -w� the assessments will draw interest at the rate of 7% per annum from Januar •16 , 19 7.3 (date -of acceptance of work by Council to the next JuncTTst following the date of payment. All properties located within the boundaries of the South Riverside Drive; Sanitary Sewer Improvement Project, above described have been assessed for the cost of the making of said improvement,' 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, 1971. ANLERS. COON EY. CORWEILCR. ALL669 • HAYNIE. LAWYER!. DIES MOINCS. IOWA [' January 18, 1973 Johnson Co. Regional Planning ATTN: Robert Hilgenberg 22 1/2 S. Dubuque Street Iowa City, Iowa 52240 Dear Mr. IIilgenberg: At ,their meeting on 'January 16th the Iowa City Council named Roberta Jacobs,606 S. Johnson St. and Linda Dole, 242 Ferson, as Iowa City representatives to the Johnson County Regional Planning Commission. Will you add their names to the list for notification of meetings. Thank you for your assistance. Yours very truly, Abbie Stolfus City Clerk AS:ja CUn :" ❑ /, CIVIC CENTETi 410 E WASHINGTON ST. IOWA CITY, IOWA 52240 31835/.1800 n •Iovna,Y,Irnen• office of the mayor 10 ru.ma.e may C. L. Brandt PP.0 C LAMATI0N WHEREAS, religion is a mighty bulwark for man and the basis for - the establishment of order in the world and harmony amongst its,people, and WHEREAS, we live in an age in w1ich science and technology have made the world a neighborhood and make it essential that I we learn to live together as a world community, and qoi WHEREAS, we each must do our part as individuals, as communities, and as a°nation `to remove those barriers that separate - men everywhere -- those prejudices that block understanding and unity, and WHEREAS, the members of ,the Bahali Faith of, the City of Iowa City are joining in the twenty-third annual observance of World Religion Day;` NOW, THEREFORE, I, Mayon C. L. Bicand.t o6 .the City o6 Iowa City, do hereby proclaim Sunday, January '21,-1973 as ,WORLD RELIGION DAY in the city, ,in the sincere hope that it will'direct attention on the indivisibility of human well-being, stimulate -;them to a renewed interest in religion and its _dynamiclpotential;as.a.force to move mankind'towards'.its goal.of,universal peace and unity., i Mayor Dated in Iowa City, Iowa .thin 16th day o6 January, 1973 Office of City Attorney (319) 997-9005 January 12, 1973 The -Honorable - Mayor ^and City.Council Civic .Center Iowa City,' Iowa RE: 'Parking Ramp Case Gentlemen: We have 'reviewed the Parking Ramp.Bond Ruling by the Court and on the basis of our review and consultation with our bonding.attorneys, submit the following' report and recommendations: Initially, we would like to state.that the'Court made a finding that fine collection costs must be paid from the parking meter;revenues,' we disa- gree. The City's accounting system pays the enforcement costs out of the proceeds of; parking fines which are paid into the general fund. This account- ing treatment was approved "and initiatedwith the 1972 budget after: consults- tion with the City's finance consultant, auditing firm and bond attorneys. Only meter'fine'collection 'costs are paid'out of'the general fund. The operation andmaintenancecosts are paid out of:theparking meter fund. Costs of collecting,fines is; paid out of the .fines themselves. State law requires those fines to be paid into the general fund. Find, -collection costs were paid `out 'of the fines as:good.business+practice and is not ,related to'`the revenue bonds and this would be our recommendation even if no revenue bonds were to, be issued. The small amount of these costs are not paid from the general' fund' in order to issue revenue bonds.' They could be issued if the collection costs were paid by parking revenues. We disagree with the Court's finding that where the statute states "may be paid out of", that this requires said payment. Also, we are confused'with the finding of fact by the Court that the City has not paid off the $120;000.00 of prior parking revenue bonds. These were paid off on-..'...­July11;,1972, and we believe the evidence at the trial was that they had been paid and the record will so show. Although not of the criticial importance of the other items in the decision, we believe the above matters should be reviewed on appeal. if one is taken. -2 - January 12, 1973 To: The Honorable Mayor and City Council In our opinion„ the serious implications in the Judge's decision are the two findings summarized as follows: 1) That only revenues from the facility itself may pay off the bonds and not revenues of the entire system if another issue is outstanding. 2) That the parking revenues must pay a portion of street maintenance costs because these are on street parking spaces. These two findings.appear'to us to raise questions on all revenue bond issues of any kind ---'sewer, water, bus,recreation and others. It"is'our opinion and that of our bonding attorneys, that if the above two findings are correct,.that it would invalidate our previous sewer revenue issue and the recent Des Moines Parking Facility issue. Obviously, we disagree with therulingsof the Court as do bonding attorneys in Des Moines and Chicago. It is imperative that an appeal be taken to resolve these issues. Remedial legislation would not seem to be appropriate until after we have had a determination by the Supreme Court since the lower Courts ruling appears to challenge the basic theory of revenue bonds in Iowa. This appeal is necessary and'important.whether or not the `Council.wishes`to" proceed on the Linn Street Parking Facility because future planning for any revenue facility is obscured by this decision. It is our.recommendation that an appeal be authorized. A copy of the decision accompanies this report. Very truly yours, p J H. Honohan <- City Attorney JHIi: sb Enclosure IST THE DISTRICT COURT OF IOWA, IN. -AND FOR JOHNSON COUNTY R. THOMIAS DOUGLASS, ET AL, )- a: ` Plaintiffs,' ) No. 41520 and 41521 VS. ) FINDINGS OF FACT,; - ) CONCLUSIONS OF LAW, ti THE CITY OF IOWA CITY, A ) AND 'DECREE Municipal Corporation, -Et Al, ) �; _ Defendants. ) t, y These cases are suits in ,equity, No. 41520 being an action brought by the Plaintiffs R. Thomas Doudl�lass,- Warren Paris, and John C. McLaughlin, seeking ;injunctive relief'restraining the City of Iowa City, and'its council from issuing and selling Parking.Facility Revenue Bonds and from using parking rates as,a source of general revenue and No. 41521, being a'petition for. writ of certiorari against the State, Appeal Board to order the Board to take 'jurisdiction of .an appeal filed July 17 1972 on the question issuance i by the City of Iowa City of the Parking Facility Revenue G Bonds. -2- - FINDING OF FACT Trial to, the Court was held on October 24, and 25,;1972. Plaintiffs were represented in both causes, by Joseph C._Johnston, Preston M. Penny. and Daniel L. Bray. t` Defendants City of Iowa City; the Mayor and Councilmen, were -represented by Jay H. Honohan, Kenneth H. -Haynie, and, James M. Hess. ',Defendant State Appeal Board was represented by John Beamer, Special Assistant 'Attorney General who was not present._ Evieence was received and arguments.made. On May 2, 1972'; the.City Council.'of Iowa City on enacted a Resolution setting a Public Hearing the pro= posed issuance of $2,000.00 in Parking Fac lity:,Revenue Bonds for May 167 1972. After publication of legal notice, hearing was held thereon and the City Council on May 16' enacted a Resolution calling for the instituting of.the procedures required by law for the issuance of -"said bonds.' At the same k meeting the Council approved the plans, specifications, and [, form.of contract for the construction of a multi-level parking facility to be financed by the proceeds of said bond sale and also enacted a Resolution advertising forbids on the -' construction of said parkingramp.'' aome modifications were . made in the plans and the Council after another public -' hearing readvertised for said construction on June 6, 1972.' Ordinance No. 2632 was presented:,as required ' by law at three different Council Meetings and was adopted on July 3,'1972,'and at saidmeeting the Council enacted a Resolution directing -the advertisement for bids on the sale' of said bonds. Ordinance No. 2632 was published''July 12, 1972', 2' 7: as required by law. Bids.were received by- the::City on the sale of the revenue bonds subsequent.thereto.. `- -3- f On July.17, 1972, an appeal was taken by approximately 150 persons to the State Board of Appeals. r On July 18, 1972, the`$2,000.00 ParkingFacility RevenueBonds P -appeal were awarded subject to the_ to Wilson White &; Associates Bond Underwriters at an effect- a interest rate of 5.67 per cent.' a The State Appeals Board held:a hearing in Iowa City August 3,.1972,- and on August. 15, 1972, entered a finding r that said Board did not have jurisdiction because said bonds were not payable from taxation..' Plaintiffs filed Cause Number 41520 on_Sep tember, 12, 1972, and filed Cause Number 41521 shortly thereafter. Due to the inability of the City of Iowa -City to deliver the L bonds because of the suit Wilson; White &.Associates withdrew their bid and the City, cancelled both the- bond "sale and the construction bids for the' --ramp pending the outcome of- f this this litigation`. Ordinance Number 2632 spec-fically, provides that the revenue bonds issued thereunder are to be paid solely and only from the future net revenues of•the consolidated parking system and shall not be a general obligation of the City nor t payable in -any manner by taxation. . Revenue from both on -street. -and off=street parking ; facilities of the city .of Iowa City were pledged to secure payment of the 'Parking ,Facility Revenue Bonds. (Ordinance Number 2632 does not under its terms apply to revenues derived by the City from fines for parking 'and traffic violations.), Ordinance \lumber 2632;established five funds for t' e revenues o:' the system as follows: A Sinking._Fund, a j Bond Reserve Fund, a Renewal and Improvement Fund; an. f Operation and Maintenance F,ind;.and a Surplus Fund.. 1971, these costs were paid out of the Parking Revenue Fund, { but were transferred to the General fund.;in 1972.- Fine revenue for 1971 exceeded $212,000:00 with the collection costs for that year being $78,800.00. Since the enforcement costs will ;be paid- ------ from the GeneralFund' in 1972 and 1973, the City can increase the'funds'available in the Parking Fund to meet the debt payment generated by the multi-level parking facility. As a direct result of the parking systems not bear;ing,the costs r. of enforcing parking facility regulations, the General Fund_ must pay it., Although the metermaids report•disfunctioning , meters, which are repaired at a cost to the Parking Fund, and regulate and enforce the parking laws of .the City, their salaries are paid from the General. Fund and nct the.Parking Fund. All of'the.meter revenue collected is paid into the Parking Fund. 2. Road Use Tax funds are; not used to purchase { t lots .or streets upon which meters are used However, there are 1349 on -street metered parking spaces whose maintenan-e, repiir,cleaning, and clearing of snow and other obstructions, is paid for from tax revenue` -through the,Use Tax fund: The cost of snow removal, maintenance and painting work performed on the off-street parking lots -is paid from the �.. Parking Revenue Fund. The painting of on -street parking places is charged against and paid_for by the parking revenue. system. Snow removal and street maintenance of -all streets, including streets with meters, are paid for out of the Road UseTaxFund.. i -7-. I One key; issue. in this 'Case is ari;:interpretalion of Iowa Code Section 23.17.,. Said section',reads as follows: i "It shall be lawful for any municipality to :issue revenue bonds,.the-,principal and interest of which . are to be paid "solely from revenue derived from the operations 'of the project for which such bonds;°are issued, ;. notwithstanding that there are other revenue bonds remaining unpaid which have-not matured; provided payment of principal and ,interest of such other revenue bonds is', not impaired thereby." (Underscored by:Court ) j This statute appears',- iomewhae. ambiguqus a { t; "Tha nrn;ect for which such bonds.are issued" -appears to--._ (- parking facility for_which the revenue bonds are issued. In i _s_ 1 a IZ. It is uncontroverted that:the City intends to pay the costs of meter enforcement out .of General Funds rather i than the parking revenue funds Section 390,8 (2) clearly r states "funds derived from the operation of parking meters f� shall be used for the following purposes and none other, to- ` wit; Payment of the cost of'maintenance and repair;of meters, the collection of meter taxes, and the enforce t- i of traffic laws in the meter parking meter district." It is arguable that the enforcement parking meter funds it must be used for those purposes, but,that other funds can _. . be used for enforcement purposes. Even if Section.390.8 did not require that enforcement costs be paid fro;a•only the Parking Fund, the fact that revenue bonds are to bel retired by parking meter -revenue requires, that enforcement costs to: be paid•from parking meter revenue-before"any parking meter revenue may be pledged to retire the parking ramp bonds. Section 390.8-(5), reads; "Funds derived from the operation' of pa -king meters shall be used for the foil owing.,purpose:; i ••.. (Subsection,5). Retirement of revenue bonds.of this i chapter; and cities and:towns may1p edge such funds not 1 required for thea p yment of subsections One, Two,.and Three hereof to the payment of such bonds.^ If Ordinance 2632 does not requireenforcement. 1 costs to be paid out of parking -meter revenues before pledging the revenues'to bond retirement; then the ordinance violates Section 390.8 (5), as set out in Section 312.6 of the 1971 Code of Iowa, for f. application of Road -Use Tax Money.' " Section 312.6 .of the CoOe'was interpreted in Slapnicka vs City of Cedar Rapids, 258:Iowa, .,38,2, 139 N. W. 2d 179, in so far as deciding that only those services necessary to a proposed construction project can be paid from the Road Use Tax Fund.- Section 312.6 states that; "Funds received by �. municipal corporations from=the Road Use`Tax Fund shall be used 1. For the purposes for.which street fund money may be used, with the exception of parking facilities as provided in Subsection 5.of -Section 404.7:" Section 404:7 (S) which is excluded as a road use purpose allows .a general tax on all taxable property "In lieu of the tax provided by Section 390.2 to acquire and improve real estate and to errect or improve buildings th reon for the parking of vehicles to the extent that income from parking meters or _parking lots-is.insufficient for; said purposes." No otherreference to parking is made in Section 404.7. s parking spaces ata cost to the Parking Fund.. Marking parking spaces is not necessary to the functioning of a streetasa public travelway and is, therefore, properly charged to the Parking Fund as are all the costs of on -street' parking. The costs of on -street 'parking are not necessary to purposes for which the Road Use Tax Fund may be used, but are necessary for the purposes for which the Parking Fund may be used. On -street parking is so unnecessary to f. public travel on streets and highways, that a- `barrier could be erected to divide the on -street parking from the street travelway and the street use would not be impaired.; Although it relates to debt limitation rather than source of revenue for bond retirement, the language from Bachtell vs. City of Waterloo, 200 N. W. 2d 548, has possible applicability The Court said; 'The basic problem of constitutional revision canonlybe met head-on if judges are willint-'to continue to `frustrate lease -financing:, schemes no matter hoor,arrra.,p JUDGhu:NT DEC RE (: E ENTRY It is -hereby decreed that .the -City of Iowa City may pledge -future net parking meter revenues `of -the entire parking facility system of the City of'Iowa `City to the retirement of the parking ramp project bonds after the costs Of meter enforcement and other costs set out in,lowa Code Section 390.9, Subsection;(1) (2) and (3) are first deducted from said revenues. CitizenNotitica of Disposition: ANone of This Form ❑ Letter � //��P s mmga U Letter ❑, In Person; ❑ Received Dear. Resident. Thank you for calling this matter Vamto our attention.,. Please call. 3541800 it. you;iJP, e �., Phone ' .a >, have any. questions. We welcome your inquiries lddressand are always at your seryice. tl tequesr �Nl.(' .� ✓t'1 /�- � j�/�I,�%1'W'y�0. !/ c-1 / p //Ll ,n is nr Fede the -:a to`.ap tappl Ca v aw ,' ', appltancei r; �That:sa kindpf,tei of, long -dl hone '; govemmei rr .;.listof,the, ` antes you' even;exen or determ atfendetl"E '.Youl.wor snooping 4 _' these th'InI it Wlllybe'iF =` mori,7 on " "F? lh'confronting the problems this new fiche Book onto your N screen' antl; i+ >munlcation5;by orQ0 officials acid em dr tecnpology creates<the commission' in a few years from now, produce a woyees o/; fhe Federef CornmLnlis y copy p p cations. Commisslon shall, be used, supposed to:be guided by, the "public Xerox like co on apse attach :without the knowledge.. &I h pI ... � ,,interest { converJience :and .neaes- ment to. our set. Increased conven ,,;ti ��,,�t,�ii, 8 j,,ov iiu, ,,�j Jr 1Wlsity;,—the'standard enunciated,lnA1je lance for you also benefits -the., l:For.five weeks In February,and March Ii. ,CommunicajIonSAct of'1934.,Tiiat"act snooper, whose task is, mede.lnfiniiely ;,o1i1970; FCClofllclals ran a tap on, lhe;,ialso•empoweredrfile FCC, to'trestrlct aster by; the centralized storage of phone,of ;one of,its Broadcast Bureau uriauihoHzed'''iecelving /commu- informations which the cable encour- . lawyers to see I( he wastleaking"con �'mlcations by wire' ' ages. ' fidential InfoFination (He wasn`t.] The Its y You may'notlassociate the Federal+-'tap.waslapp roved'tiy'FCC Chairman 'Intl striesAssoqciatlon,atedecassoicl- Communications Commission with Dean Burch and then -General Counsel atio`n o( electronic equipment manu- anti-snoopprotectlon, but ihal'sone oi Henry Geller. f " t i' >>!; i lecturers, told'the'commisslon thada Its 7esponsibilities-and 11 -hasn't done The commission has shown -similar 'cable network "can enjoy any,desirad a very,; good job guerding, tho public. deference to rights, sof t privacy on ' I filagree of priyacy,lhat can:be econom- Its response to a.warning in Its own . two-wny:cable te'levisionland there'are^' Ically Justified:;'. Iri otner,w,ecoords;,any telephone directory will give you an no indications of cliengei Until -1968! �'prolectlon is;lechnol..... ly ossible. as cable television neared Its'20t an `11;'The' FCC finally wound up Docket °'derrold Oppenhelm is counsel to the niversary; Itie commisslon's'regulalion' r18397 last spring- with 'a' sal' of, rules Chicago Cable Coalition and associate of, cable was ,,plecemeall�ln' then year, ! which; Including some additions made editor of the Chicago Journalism Re the FCC opened;a proceeding; known a ; few months : laterid welghed(;four view..,;,;, ,., _„ •-,, Docket 18397, to explore both' -the n. pounds'aniJ measuredrtwo.'Inches 38 .` llWspelbn by Afel rutukiWN t mined noA to a two•w �auae, as aouu[ avcnsls, du[ what If Nixon's available.,'During fes;:"The "emergency" turned out io be a'poli before `ih."11 i' I - s the prl- tical address? facturenestim ated ols' reselonal iwNJustice, Deparlmentistudy recom- ;the channels onja "mow; .;mends124ho6r.television surveillance ;bei effectivelyrma, 'Gad+ berating, totiall urbanlstreet intersections: In+Mt.;`iaside,(at4an,saddl dinpsys 'Vernon NY•:the,police 7aireadysurvey (costfofabout.,only I i.tem Lamadditional.cost of:l+ [ la',monthsThisMould;l i Ibyscramblingmessaf >.';:achannets withliaG$25 Sselected3vfewers cou I •bleWffhisrwayeat- fknow, oncWhtchl'chani was-.vulnerable.)A ;oz) •,t bn For, even less'mone for cari install :a.light Q $ ilk_ g rere rt7>•Y •are�some piotectlons exarr Inatjoj[' one manu ne-fourth : of ystem.could " ate+ andoset' construction 3er+cent..dill.;. ;hanneiisys-; channels'at wn.50, cents ,complished' %the private 4 t •�s,r " mu wm +:.nuuw-ur mai iepropoaing'that both d�cee`bekro OIM that �ha`s,at leas} taken.cognizince'ofttlie qulrod � a � possible problem o}?privacy and the cable w pther'elementa techxnolo iciil, `ro 1 n .., > rry g p, receiver ''TtLe'Illinols, commission held ex tections avaliebla Include special atu scription tensive'hearings on cable TV IasPyear diol; ues'of'armoredfoable`inst"d+of i X150,000 jantlNistenedlto three Thighlylqualifletl lnak*d*�&an"d locked coveis at loch Itch end cable^TV-1Wdlneers its own'iabieraod kvulneiabis luncilonajas, cabl%drops` politic sp(ritedtechnica�con'suiltanf r,ind;te`�minal boxes 45rtn the representatives from two of the most Of coursertechnologlcal•protec ions Mithin 30 substantiel,cable�TV�equlpment man :,....a 41'60"1"1"' guarantees`TheySoniy; make his�set ufacturersgand four sohofars of'faw 'invasldne'df. priyecy'1e?lot more,'diffi•-;j r 1i rwwithin and °communicatfon��Nobod'TI1ilked °cult Ap&lf the telephone,iteaches us ged to a, aboutpri�acy l cirassexomined most anything,fitlls',that,technoloptcal pro sx?Ar r rOf NthBSB people et tAatx time �non8 � tectIdns„+arelnot ii ry"rif(ecflve When been in had given anyYsorlous"thought to` the goverpment iend operstorvcollude to<' Sterling, problem "o' 'i!1 ,L'i+tli[% ��'GluD[+ circumvent thetnri*T �ytC. r +Life) in -'t=At the en'd�of that satins of"hearings „Hlghjtminimum pens ties;forrjtnva mtiattan 'freIllinois commission =whose}uric ysions+ofj privacy�vie`cable��mustt°tie eterminel diction `ove2'cable W, has ii61?'ch'sl, "established 'perhaps 51000 per.vlola 7. tet°ia on'lenged and isnThe,`yet undetermined by the tion yperl dayiirighty of..:privacy ied nit 1"' lllinoist SupreMei}CioUrt; `concludedIn should be,enforceable,by state. prose. tnvamionitsprofweediulazmaking, that ttie tutors; ithe land,11 the inlured.fndi- ratedaby vidual,himself Inie civil;actlow,oir find en"what �� W f k NYT 7 A tl *i d :ethtiera.; if the telephonte r r n'dnrordeplo further reduce the likeii- ' c.. r, rxusq.r, K,rle.w�.,,,, taps,on;.the cable, operators ope►eto'�' tetM.hood�;oli hel ;Uis anything It >i should be enttced to, police; their lines ulto6his 'rigorouslyn:Perliaps!sthey'ishould Ibe a- [ i is:thatx.technolo ical { , s x x.,L•. ,, m= , 9 handsomely; -rewarded for each'i,tap atevision a fOteetion� are not Very discovered and reported.�Incase that magIna; P ,r ,T ,r 'effective' When ,. does t not work .very ,well,; operators rientlally ) n� an.ac s4la•[ ,,, , might, be made strictly, liable in tort to led from.,. government and - all persons whose communications are +�,{-., rck:�. Rr 15I W,yii�d it1Nlzon�operator;COIIUde 6);:unlawfully monitored: High mandatory' rr punitive damages would encourage an civ0°de- lcircumvent them. operator to rid:his system of bugs dd aiit 11-1 I'll._ 1 • Perhaps the FCC could first assert md.tele ^, prblem of w cable tepR,ng' does„ not its lnteresi in the'protection'of privacy ae them i +lend Itaelf,to,technicei remedies ;,arid by•,requiring these' protections?'right essage ,must Instead beiJealt with by the trim= away—on the telephone Then it should e added,.-,Anaklaw,':..'r. direct itself to'futuro dengors'' r'i `'t� 39 ,worthwhile uses must be gu N m official or private abuses ,r r Not'so long ago t Presic suggested theicreetion'of �fense warning system that H Matirally turn on eve radl Is], lq`the"country end , into the samenemergenc' (Such'a system could easily mined noA to a two•w �auae, as aouu[ avcnsls, du[ what If Nixon's available.,'During fes;:"The "emergency" turned out io be a'poli before `ih."11 i' I - s the prl- tical address? facturenestim ated ols' reselonal iwNJustice, Deparlmentistudy recom- ;the channels onja "mow; .;mends124ho6r.television surveillance ;bei effectivelyrma, 'Gad+ berating, totiall urbanlstreet intersections: In+Mt.;`iaside,(at4an,saddl dinpsys 'Vernon NY•:the,police 7aireadysurvey (costfofabout.,only I i.tem Lamadditional.cost of:l+ [ la',monthsThisMould;l i Ibyscramblingmessaf >.';:achannets withliaG$25 Sselected3vfewers cou I •bleWffhisrwayeat- fknow, oncWhtchl'chani was-.vulnerable.)A ;oz) •,t bn For, even less'mone for cari install :a.light Q $ ilk_ g rere rt7>•Y •are�some piotectlons exarr Inatjoj[' one manu ne-fourth : of ystem.could " ate+ andoset' construction 3er+cent..dill.;. ;hanneiisys-; channels'at wn.50, cents ,complished' %the private 4 t •�s,r " mu wm +:.nuuw-ur mai iepropoaing'that both d�cee`bekro OIM that �ha`s,at leas} taken.cognizince'ofttlie qulrod � a � possible problem o}?privacy and the cable w pther'elementa techxnolo iciil, `ro 1 n .., > rry g p, receiver ''TtLe'Illinols, commission held ex tections avaliebla Include special atu scription tensive'hearings on cable TV IasPyear diol; ues'of'armoredfoable`inst"d+of i X150,000 jantlNistenedlto three Thighlylqualifletl lnak*d*�&an"d locked coveis at loch Itch end cable^TV-1Wdlneers its own'iabieraod kvulneiabis luncilonajas, cabl%drops` politic sp(ritedtechnica�con'suiltanf r,ind;te`�minal boxes 45rtn the representatives from two of the most Of coursertechnologlcal•protec ions Mithin 30 substantiel,cable�TV�equlpment man :,....a 41'60"1"1"' guarantees`TheySoniy; make his�set ufacturersgand four sohofars of'faw 'invasldne'df. priyecy'1e?lot more,'diffi•-;j r 1i rwwithin and °communicatfon��Nobod'TI1ilked °cult Ap&lf the telephone,iteaches us ged to a, aboutpri�acy l cirassexomined most anything,fitlls',that,technoloptcal pro sx?Ar r rOf NthBSB people et tAatx time �non8 � tectIdns„+arelnot ii ry"rif(ecflve When been in had given anyYsorlous"thought to` the goverpment iend operstorvcollude to<' Sterling, problem "o' 'i!1 ,L'i+tli[% ��'GluD[+ circumvent thetnri*T �ytC. r +Life) in -'t=At the en'd�of that satins of"hearings „Hlghjtminimum pens ties;forrjtnva mtiattan 'freIllinois commission =whose}uric ysions+ofj privacy�vie`cable��mustt°tie eterminel diction `ove2'cable W, has ii61?'ch'sl, "established 'perhaps 51000 per.vlola 7. tet°ia on'lenged and isnThe,`yet undetermined by the tion yperl dayiirighty of..:privacy ied nit 1"' lllinoist SupreMei}CioUrt; `concludedIn should be,enforceable,by state. prose. tnvamionitsprofweediulazmaking, that ttie tutors; ithe land,11 the inlured.fndi- ratedaby vidual,himself Inie civil;actlow,oir find en"what �� W f k NYT 7 A tl *i d :ethtiera.; if the telephonte r r n'dnrordeplo further reduce the likeii- ' c.. r, rxusq.r, K,rle.w�.,,,, taps,on;.the cable, operators ope►eto'�' tetM.hood�;oli hel ;Uis anything It >i should be enttced to, police; their lines ulto6his 'rigorouslyn:Perliaps!sthey'ishould Ibe a- [ i is:thatx.technolo ical { , s x x.,L•. ,, m= , 9 handsomely; -rewarded for each'i,tap atevision a fOteetion� are not Very discovered and reported.�Incase that magIna; P ,r ,T ,r 'effective' When ,. does t not work .very ,well,; operators rientlally ) n� an.ac s4la•[ ,,, , might, be made strictly, liable in tort to led from.,. government and - all persons whose communications are +�,{-., rck:�. Rr 15I W,yii�d it1Nlzon�operator;COIIUde 6);:unlawfully monitored: High mandatory' rr punitive damages would encourage an civ0°de- lcircumvent them. operator to rid:his system of bugs dd aiit 11-1 I'll._ 1 • Perhaps the FCC could first assert md.tele ^, prblem of w cable tepR,ng' does„ not its lnteresi in the'protection'of privacy ae them i +lend Itaelf,to,technicei remedies ;,arid by•,requiring these' protections?'right essage ,must Instead beiJealt with by the trim= away—on the telephone Then it should e added,.-,Anaklaw,':..'r. direct itself to'futuro dengors'' r'i `'t� 39 0 INFOUTAL COUNCIL DISCUSSION January 16, 1973 The Iowa City Council met in informal session at 12:30 o'clock P.M. on Tuesday, January 16, 1973 in the Conference Room at tile Civic Center. Councilmen present were: Brandt; Connell, Czarnecki and Hickerson. Absent: White. Others present: Wells, Honohan, Stolfus,,Kraft, Seydel, Klaus, Pugh, Palmer, Whitted. The meeting was set for discussion of housing for the 'elderly with representatives from the Housing Commission and the Planning & Zoning Commission. P&Z members present: Davidson, Henry. Housing Comm. members present: Stier, Frimml, Hamer, White, Duncan. Mayor Brandt asked for discussion on the application, criteria, feasibility of downtown site, effect of the President's freeze. Director of Community Development Dennis Kraftpresented a memo on housing in the Centrax Business District. He outlined the previous studies,`applica- tions, & action taken. Councilman Czarnecki requested explanation of the financial arrangement between developer, City & subsidy by the govern- ment. Housing Coordinator Lyle Seydel explained the leasing agreements. The Mayor stated that previously when discussing the housing proposal, it was the concensus of the Council not to remove property from the tax • rolls. The Leasing 23 program keeps the Land on the tax rolls. The City Manager advised that the general national trend is toward elimination of non-taxable properties. Dennis Kraft explained the conditional or special use 'permit concept, that elderly housing could be allowed in a certain zone provided certain findings were made; location not adversely affecting property values, on Public health, safety, appearance, general prosperity of area. The City Attorney explained previous policy, since declared illegal by the Supreme Court of Iowa, and present policy wherein we set out requirements and zones limited to, as for hospitals, mobile home courts, & high-rise apart- ments. In answer to Councilman Hickerson's request for P&Z members personal reaction, Penny Davidson responded that the Commission was not aware of the specifics for leasing programs, and had not had time to digest the total problem or the sites, or the legal problems; all information verbal. Lyall Henry stated altho there could be problems with special designations, they would review, and also cited lack of written Staff presentation as a problem. The Mayor indicated that he was still conceuned over housing on the peripheral, & if we had exhausted all resources for the decision against a Central Business District site. Discussion followed, & the need for ndditionaL programs later was mentioned. James Stier advised that by • using the point system formula, the Bradford/Dover site rated highest, even over urban renewal site. The City Manager commented that frustration over housing problems was country -wide, and reminded the Council that concerning the sale of urban renewal land, the City makes up 25% of the' difference between what we pay and what we sell the land for, &cautioned the Council to plan carefully when talking about waiving of taxes. Councilman Hickerson responded that the question was,what can the City and the Housing Commission do to lay the ground work for a next project consistent with everything that has been said. Councilman Czarnecki asked why the Council didn't go under the other assumption, that no money was coming --period. As alternatives besides the revenue sharing money and Public 23 Housing, he suggest- ed fraternity or sorority houses that are on the market. He asked for more information on what the elderly pay for housing now, what subsidy we give & what social security counts. Lyle Seydel responded that social security is counted as income, some elderly pay as low as $8, some as high as $64; an efficiency apartment averages $29. for housing recipients, average cost to the City, $85; a one -bedroom averages $32. for recipient, $109. for City. Dennis Kraft proposed another option could be a real not-for-profit corpor- ation, , such as a church organization, that is willing to amortize the building out over a period of 35 to 40 years, and go into it with the idea of not making a profit but to really provide housing. Councilman Connell commented that he would like to have the Bradford/Dover site investigated. Councilman Czarnecki suggested that the City could get into the real estate business by buying properties proposed in the Flood Plain Ordinance. Dennis Kraft commented that concerning fraternity buildings, they are on the tax rolls. JamesStier' proposed that a possible site be picked out, material be sent to prospective developers, send out rent subsidies; then pick out a developer for the project, submit the proposal and wait for approval, if and when anything opens up. Councilman Hickerson agreed that this made sense, as an interim step. Councilman Czarnecki stated he had no objection to the Bradford/Dover site but was opposed to the American Legion/Willow site, and also after following up on Mr. Stier's proposal, to pursue alternatives - revenue sharing bit, & he had no hang up about taking property off tax rolls, or using property already off tax rolls such as Univ. or church property. Answering the question about the Jefferson Hotel, the Attorney said that the first two floors are taxed, the others are not. The Mayor stated that the Council would await Planning & Zoning Commission's decision. Discussion followed on which item P&Z was to report on. The decision was that P&7 should make a report concerning special use permit. Mayor Brandt announced his list establishing priorities for discussion of items at informal sessions as 1) New concept of Urban Renewal, 2) Park and Recreation Fees, 3)Capitol Improvement Program, 4) Revenue Sharing, 5) EEOC, or whenever we hear from Kansas City, 6) Parking Report, 7) Street Parking Removal (bus routes) bicycles) 8) Joint Facility -County Board, 9) Annexation Ord., 10) Bui'd_ng Code. Councilman Czarnecki questioned annexation provision on voluntary, & if Home Rule changed involuntary procedure. The City Attorney explained voluntary procedure and that Home Rule will change involuntary procedures. • The Mayor a:;nounced that Hickerson and White would be absent from the 4:00 meeting, and requested that concerning the District Court ruling, all members of the Council be present for discussion & wanted to defer it to the next meeting. Council & Attorney concurred. 0 A N 9 STAFF REPORT • Planning &,Zoning Commission January 11, 1973 SUBJECT: Schedule for Informal and Formal Meetings of the Planning Commission. STAFF COMMENT:: The Chairman of the Iowa City Planning and Zoning Commission has scheduled an Informal Meeting for Tuesday, January 9, 1973. The Informal meeting will be held at 4:30 p.m. in the Departmental Conference.'Room'. The regularly scheduled meeting of the: Planning and Zoning Commission is scheduled for;Thursday, January 11, 1973. The. meeting will be held at 4:00 p.m.'in Council Chambers. D. Zoning Items 1. Z-7217.; Request for rezoning from R1B to R2 of a portion of the former property of St. Mark's Methodist Church. ;:(Vic.'directly north of•Intersec-. tions. of Carver, and. Dover`; Sts. with Muscatine!Ave.) Owner: Hoffman -Court CrestDevelopment Company. Attorney: 'Edward W.',"Lucas:' 45 -day' Limitation: January 25, 1973. E.,.Vacations i• : 1. Vacation of"Portion'of Burlington Street to University of Iowa. (Vic. frontage of University Hydro -Power. . Plant on Burlington Street. Departmental Staff and Commission. F. Discussion Items 1. Braverman PAD,(R3-R1B) (Vic. southwest of inter- section "of Benton St. and Mormon Trek Blvd. Former Israel' development project). 'Commission - Staff - Developer. 2.' R3A District Zoning Study 7 Departmental Staff, and Commission.` 3. Planning Commission and Special Subcommittee's Parking ,Study. (Status Report). Departmental Staff; and Commission. 4. Amendment of Zoning Ordinance to permit Elderly Housing Projects as an.Additional,or-Special Use in the R1 and R2 Zoning Districts. • • I } i ..i STAFF REPORT i'!,.I ,_ �'�•*�� ;t Planning ;& Zoning Com ission ' ! ,�� � � %' Lr • January 11, 1973I ter PI�-{ ,'�I:A SUBJECT: Z-7221 Request for rezoning from I Intl R1B to R2 of a portion of former.,U FAT it7 property of St. Mark's Methodist I r Church (vic. directly north of �I_' intersections of : Carver- and Dover Sts Ovner: Hoffman Court Cres£ Development Company). 'Attorney: Edward W. Lucas. !i; 1 (;> 45 -day limitation: January 25, 1973. -_ - STAFF An initial rezoning request (7,-7217) 1`r ANALYSIS: was discussed at the regularly.'sched- uled meeting of September '28, 1972. This request 'called for a dual' rezoning of the Church tract (see map) from'R1B to R2 (Parcels #1 and #2) and dissimilarly from R1B.-to R3 -for parcel #3 west j of a,proposed extension,of Meadow Street south as'a collector facility (see -'map).' y d The Staff recommendation at this time stated the belief that the` highest and best use of the land could be obtained through' development of a"low density single"family zone use. At the same, time, however, the.Staff, realizing the mitigating constraints to single family development in (1),the form of nearby "built up,eas,", (2)the siteofa virtually u able current land ',use, (3) the possibility'of a potential conflict " • ' of the,unassimilable use (proposed;''club site) with subdivisions to the north and east, and (4) topographical limitations, E ,that the'Commission`consider.alternative development plans based on other than "R1";zoning. The Commission at this, I tt �i! -� I;• t,, z:J RIA11 ' n � �Mm I t�afR� C J, • ,WA ' time voiced concern over.the request ,for R2 zoning for parcels AA I( p #1 and #2 and the guarantee of the former church as a club =•� AREA OF use (see map) . Consequently, `the petitioner withdrew his request ..� - BEQUEST. Q, atter;! for rezoning of parcels #1 and #2 to R2 (see map) and parcel f ', Ria #3• -to R3 and agreed to the rezoning rof parcel #3 to R2 and the Ii'! g retention of the .current R1B zoning for parcels #1 and #2. A L_- second rezoning petition was submitted (December ll, 1973).which now requests rezoning of a portion of the R1B tract (Parcel #1,For .- 2.25 acres) from R1B to R2 (see maps). ;r , d �.. STAFF The Staff, in this instance, main -- RECOMMENDATION: tains its original position in 1- R1 recommending single family 'low j density, development as the most B acceptable use of the land. Once again, however, the Staff realizes the constraints to single family development created 40UTH<19S7 �j /� by the "peculiarities" of site location,' existing and adjacent I /�{ building and land 'uses, ,and therefore coincidentally recommends I=�` JR: N/6� 1 , 1 that the Commission examine the alternatives implicit in consideration of zoning other than "R1" districting. 1\ \ n � l J M TIME, �Mm I t�afR� C J, • ,WA ' time voiced concern over.the request ,for R2 zoning for parcels AA I( p #1 and #2 and the guarantee of the former church as a club =•� AREA OF use (see map) . Consequently, `the petitioner withdrew his request ..� - BEQUEST. Q, atter;! for rezoning of parcels #1 and #2 to R2 (see map) and parcel f ', Ria #3• -to R3 and agreed to the rezoning rof parcel #3 to R2 and the Ii'! g retention of the .current R1B zoning for parcels #1 and #2. A L_- second rezoning petition was submitted (December ll, 1973).which now requests rezoning of a portion of the R1B tract (Parcel #1,For .- 2.25 acres) from R1B to R2 (see maps). ;r , d �.. STAFF The Staff, in this instance, main -- RECOMMENDATION: tains its original position in 1- R1 recommending single family 'low j density, development as the most B acceptable use of the land. Once again, however, the Staff realizes the constraints to single family development created 40UTH<19S7 �j /� by the "peculiarities" of site location,' existing and adjacent I /�{ building and land 'uses, ,and therefore coincidentally recommends I=�` JR: N/6� 1 , 1 that the Commission examine the alternatives implicit in consideration of zoning other than "R1" districting. 1\ \ .P. < • • • • ' >r r� in `. 0 /GK Printers foo $ �G............ ' ' . • Q NoA`le. CERTIFICATE OF PU13LICATIO;I 'i' STt',ra^E Or IOWA, Johnson County, ss:-� TIM IOWA CITY PILESS•CI71ZEN t oty dKer�� _ ....................... 'being ..................................... duly sworn /K.a...' say that I ,,in the publisher of the IOWL CITY .:RESS•CITIZEX, a newspaper, !l published in said County, and that a no- /,1/17X' ties, a printed copy of which.is hereto . attached, was published in said paper —fIirrYt times, on the following dates I lcwa Cry �, z do - ' - NOTICE OF PUBLIC HEARING t Nolke Is hereby 'Alvan that Ina � Y . of Iowa City .Propose% to Vocal! t - dcscrlbtd la•wll; I'' � J r1 �`� / /}//.�.� ': ` fallowing propefl%, OeOlnnlna al 0 wo, On Ino - In 'Iloo of"00rlinalon $Irtet and s'r$ ........ ............ �.••,L v,. .... .—....«« 1!/ . ' tnl weft of the we line at Mudl4on' Street; Mince west ole v ,ne. south . :?YblBbe[ - - ' IIM Of nYfGP01on $IC"I to the east of the laRler: IhcI'CO ws the before /kpank arIn slaw 1" cast aahS I of ' Subscribed and ewer to me Iowa River 70 feet MCnCC root lin Pornllel -to' ti (CCI nnrin �. • • o B of BVtlIn feel a1 0 soulnral-I too: $vett o to o West In- of Madison tem Street was, of en we P n a, upo;' Jliar I thence I AO Y •. u pointy, Icer nartn 4outh ✓ •� y .!•���: this-4-64.d6 Of ..... - .mal. of Bu cf O Ione el OUrllnalan J,r., and 52$ ttl well of Inc w*st Lee J$Irttgahtnce lto the- U J 1.•.. �. faulty. lis'. tttl ,a the feel '.wont of , furificir I pOf{YIInIIjjII.. Notice II Oon, /, / /r' �4y V 40.W al to $CalOh 7b0A9 fl on, Cala Of .-.... that n hC.11y, IIv one CIIwo roowa at loom COV, lawn Lu il propu cU; (` „, ......,...............« .. .. ... .//,r�•••—•• NotYTy7//Yblio .. 01 In IncOn of colt niyw . will by held ICnh,oben In the CIVIC4:10) V .. ; '. C of lar Clamor 01 n 91% lowof a ary, CST, an Inc,w al bonbons nannn _ `n' �Q LU .. ' 91),. A917, on owi objections A0.... ..�..... lanyolo td 0 sold to salt pwpo:hc ."I a mUY 011M eolocuit: m a htarday and liltled is Doled ol, Iowa . CiIY talo 77rtl day to I of Dettmmt, Ola SAnOTOLFUS City C.Iqr% •Otnmbrf 71 30, 1912. .. �1•�1 �.: � i if. Se.•r CIS �e SG1 SLS But 1 2Dr - r r .�. • .. Tj .. e :" �D .... . . . .... It