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HomeMy WebLinkAbout1977-04-05 Info Packet• ity ,of Iowa Cit• MEMORANDUM DATE: March 29, 1977 TO: City Council FROM: City Manager( WI RE: Labor Relations Seminar The Labor Relations Seminar which I recently attended in Los Angeles included city managers and other management personnel from about thirty jurisdictions in Texas, California, Arizona, Minnesota, Illinois, Montana, Kentucky, Washing- ton, Oregon, and Nebraska. I took along copies of our contracts and as there was discussion of contract language and items which create grievances, I was able to review exact wording of our contracts. While generally I believe that we are doing a good job in collective bargaining and we are far ahead of some other communities, I collected a list of about twenty-five items that I want to pursue. Many of the items relate to our internal organization for collective bargaining and the way in which we conduct that process. Because of the nature of the information, I have filed it in the Council reading file rather than attach it to this memo. In the weeks immediately ahead, I will be reviewing these matters with the Human Relations Department and other staff members. 7'09 0 u • t, ^ �• �y// �� CNIC CIOWA X Y. E WA 0TON $T. IOWA U24 319 -3U.1800 ter. r March 31, 1977 I have previously written you a letter stating that the Council would discuss your petition regarding paving of Scott Boulevard on April 11. The Council has changed their schedule and that item is now scheduled for a-' April 18 although no exact hour has been specified. I am sorry for any inconvenience this change in times may have caused you. Sincerely, �' 61��tc Richard J. Plas in Director of Pu Works RJP/JP cc: Neal Berlin %/O I 0 March 29, 1977 Mr. J. Patrick White First Assistant County Attorney P. 0. Box 2450 Iowa City, Iowa 52240 Dear MN Wh% At the meeting of March 8, 1977, the Iowa City Council received your letter of March 2, 1977, concerning the possible reinstitution of the Johnson County Commission on Environmental Quality. Over a year ago, the City attempted to rejuvenate this Commission and found that there was virtually no interest. At the current time, the City Council believes - that the needs of Iowa City in the area of energy conservation can be served in a more timely manner with a City commission. If there should be sufficient interest by other governmental entities in,an on-going and effective regional commission, and these agencies are willing to adequately fund the work, the City suggests that such work be carried out through the Johnson County Regional Planning Commission. Sinc r ly yours, Neal. . BerYin / City Manager '. N is cc: City Council Mr. Emil Brandt, Johnson County Regional Planning Commission CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354-1800 -7// r March 29, 1977 Mr, Harold Stager President, AFL CIO Iowa City Federation of Labor 1221 Kirkwood Avenue Iowa City, Iowa 52240 Dear Mr. Stager: At the meeting of March 15, 1977, the Iowa City Council received your letter in which you discussed the City's negotiations with the fire fighters. I believe that the fire fighters interpretation of Mr. Gerhart's discussion resulted from lack of experience in the collective bargaining process. A factfinder does not submit specific offers in informal discussions. I believe that with additional experience in the collective bargaining process, such problems will be minimized. Your interest in this matter is appreciated. Sinc re yours, I,//, l � v� L` /A., G. Berlin City Manager cc: City Council Mr. Dave Loney CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354-1800 L n Iowa clfy Sill Kramer, Clerk Iowa City Friends Meeting 311 North Linn Iowa City, IA 52240 Greetings: March 24, 1977 Thank you for your letter to the Iowa City City Council of February 13. We appreciate your sharing of ideas and convictions on what has been a widely debated topic. At the informal session on March 21, Council members indicated they would proceed by approving the ordinance substantiall as proposed with the exception of the housing area where Imarital status and sexual orientation were deleted as protected categories. The Council. will have three considerations of the pro- posed ordinance on March 29, April 11, and April 18. Your continued support in this and other important issues in the Iowa City community is appreciated. Sincerely, Candy Morgan Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319.354-1800 7i,3 1 0 9 K4(/ ��`/IVICGNIl11.X101 WA'JIINI tIUNSi �1/ �/ IOWA I:In.IOWA N 411 �I/�VJ/"/' w neas�lxun - 4 � March 24, 1977 Patricia Meny 823 Ronalds Iowa City, IA 52240 Dear his. Meny: Thank you for your letter of February 19 to the Iowa City City Council and for your attendance at the February 14 informal session. We appreciate your comments outlining the problems faced by the Council, by homeowners, and by individuals in the community. The Council has come to a tentative.resolution of this most sensitive problem by protecting individuals on the basis of marital status and sexual orientation in areas other than housing. The proposed ordinance as amended will be considered three times, on March 29, April 11, and April 18. Thank you for your continued support. Sincerely, Candy Morgan Human Relations Director 715y 0 0 CMC GIOWA Cl I WA 52240 NSi. � a-% V^I IOWA CITY, i0flA 57��0 March 24, 1977 Laura Lechenger Box 1224 Iowa City, IA 52240 Dear Ms. Lechenger: Thank you for your letter of March 5 to the City Council. We appreciate your sharing of beliefs on an issue which has been sensitive and difficult for the Council. The final proposed ordinance protects persons on the basis of marital status and sexual orientation in areas other than housing. It will be given three considerations by the Council on March 29, April 11, and April 18. Your continued support is appreciated. Sincerely, Candy Morgan Human Relations Director 7/S �• `✓ CIVIC f.I MERUUI WA 5224D (HI Sf. C) �//l WKI (� IOWA 193. IMA 5224D �r� UU 3193511 IM March 24, 1977 Don Schnell Box 265 Columbus Junction, IA 52738 Dear Mr. Schnell: Thank you for your letter of February 9 to the Iowa City City Council. We appreciate your expression of beliefs on a topic which has been widely discussed in the Iowa City community. Sincerely, Candy Morgan Human Relations Director I 7/6 .I • March 24, 1977 Ms. Paula Klein 617 N. Johnson Iowa City, IA 52240 Dear Ms. Klein: Thank you for your letter to the Iowa City City Council of March 5. i4e appreciate your sharing of your personal experiences and beliefs on what has been a difficult issue for the Council to resolve. The ordinance, which now protects persons on the basis of sexual orientation in the areas of employment, credit, and public accommodations, will be given three considerations by the Council on March 29, April 11, and April 18. Sincerely, Candy Morgan # Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319.354-1800 717 0 Mr. David Smithers 1801 Calvin Court B 4 Iowa City, IA 52.240 Dear Mr. Smithers: March 24, 1977 Thank you for your letter to the Iowa City City Council of February 23 and for your appearance at the March 15 public hearing. We appreciate receiving your views on what has been a difficult and sensitive matter for the Council to consider. The ordinance as amended will receive three considerations in formal meetings on March 29, April 11, and April 18. Sincerely, Candy Morgan Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354.1800 0 Ms. Leona Durham Attorney at Law 803 Cast College Iowa City, TA 52240 Dear Ms. Durham: EW^,-Ity March 24, 1977 We appreciated receiving your letter regarding the March 15 public hearing on the Human Rights Ordinance. Your ob- servations were noted by Council members at the March 21 in- formal session in a discussion of up coming agenda items. The Council will give the first of three considerations to a draft of the ordinance on March 29. The draft under consideration prohibits discrimination on the basis of sexual orientation and marital status in employment, public accommodations and credit. The housing provision will be consistent with State Law (Chapter 601A), but it does not prohibit discrimination Ln the categories or marital status or sexual orientation. I`. Your continued support is appreciated. Sincerely, p Candy Morgan Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319354.1800 0 E. Robert Peterson Bethany Baptist Church fowa City, TA 52240 Dear Rev. Peterson: March 24, 1977 Thank you for your letter of March 10 to the fowa City City Council. The Council will be considering a draft ordinance which provides protection from discrimination on the basis of marital status and sexual orientation in the areas of employment, public accommodations and credit. It does not protect people who are single or homosexual in the area of housing. We appreciate the expression of your opinions and beliefs and your continued support in the progress of this ordinance. Consideration will be given to the ordinance on March 29, April 11, and April 18. Sincerely, Candy Morgan 4 Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354.1800 7-:V0 0 Mr. Don Schaefer, Chairman Johnson County Citizen's Committee for the Handicapped 22' Dubuque Street Iowa City, Iowa 52240 Dear Don: • March 24, 1977 The City of Iowa City appreciates your interest in their Architectural Barrier Removal Program. A number of projects are now underway. The progress is summarized below. *The downtown parking program is now being implemented. Reserved parking signs are being ordered, needed curb cuts have been identified, and we have inquired about the State's reserved parking permits. *The Recreation Center will be totally accessible next fall. Hansen Lind B Meyer is currently detailing plans and specifications fcr the elevator installation, shower room remodeling, a front door ramp, and a passenger unloading area on College Street. Construction is expected July through September. *The Civic Center poses a complex maze of problems and Hansen Lind $ Meyer is currently preparing a worksheet of improvements and costs (such as elevator installation possibilities by location) for Council review in early April, in light of their research and reservations about chairlifts in public buildings. *City Park improvements are being made this spring. The restrooms are accessible, within the structure, and a sidewalk with a maximum 8% slope will be installed this spring to provide access to the structure. Picnic shelter R12 will be accessible. Parking on a hard surface will be reserved. Therapeutic playground equipment has been ordered and will be installed this spring -- i.e., a pull tunnel, an elevated sandbox and a balance beam. I'd also like to remind you of recreation programs planned, for this summer, as part of our Special Population Involvement program at the Recreation Center. Instructional Swim Program (physical and mental handicaps - all ages) Bowling Program (physical and mental handicaps - teenage through adult) Soft Ball (physical and mental handicaps - youth program) PEER Group (emotionally disturbed adults program) Arts and Crafts program (children's program) For additional information about the recreation programs, do call Jan Lown at the Recreation Center, phone 338-5493. CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319.354-1800 7.2/ � I Mr. Don Schaefer March 24, 1977 Page 2 The Housing Rehabilitation Program has been implemented providing loans and grants to low and moderate income homeowners within designated neighborhoods for home repairs and maintenance. In addition to paying for improvements to bring the structure into compliance with the Minimum Housing Code of Iowa City, the funds can also be used to remove architectural barriers. If you know of anyone interested in applying or receiving more information, they should contact Maureen Taylor at the Civic Center; phone 354-1800, ext. 322. Other City activities coming up include the purchase of one or two public buses accessible to wheelchairs, and also financial support to the Nelson Adult Center who plans to build a new center for retarded adults. As you can see, the City Council has given the physically handicapped resident community needs some attention this year. The programs and activities will encourage more individuals independence and more opportunities for socializing. If you have any questions about any of the above programs, feel free to call me. Sincerely, Julie Vann CDBG Program Coordinator JV/ssw 0 (L—. VSrA as { ti (?o..cJ m-- � 28 March 1977 Iowa City Council Civic Center Iowa City, Iowa Dear Council Members: In response to the proposals set forth to the Iowa City Council by Beverly Horton and Antonio Russo in regard to animal control, I would like to make the following comments: (1) The adoption fee proposed for both dogs and cats is too high — it will only encourage those who cannot afford the fee to answer want ads for "free" animals) thereby encouraging those with unspayed female ani- mals to continue producing. (2) The proposed fee for those who bring animals to the shelter should not be considered. Those people who do bring in unwanted animals should not be discouraged from doing so. This is certainly a giant step ahead of those who "dump" animals along the roadways. By charging a fee, you will be encouraging such "dumping". And what about those of us who find these abandoned animals? Are we to be charged a fee for bringing them in or are we supposed to walk away and leave them to starve or die from exposure? Some of us cannot do that. Speaking as one who lives in the country, I can speak from experience about the "dumping" of animals. We have adopted six animals that were abandoned. In addition to these six, in the course of six years, we have found one box of four puppies, six other dogs, one white rabbit, and numerous cats. Fortunately, we were able to find good homes for all of them. I would only bring an animal to the shelter as a last resort, for I am well aware the adoption statis- tics are not good. I would not, however, appreciate being charged a fee for doing what I felt was bbet for the animal. I would like to propose another solution to the problem, if, indeed, our desire is controlling the animal population. I propose that the Iowa City Veter- inarians, who do benefit from the pet population, run a clinic for neutering and spaying only for one day or afternoon a week, charge only for whatever medication nal fee per animal and allow the owner to take the et home ed or en a nomi e is used even P P for recuperation. When families have to balance $30.00 - $40.00 per animal for neutering or spaying against buying a week's groceries, I am sure you know which one wins. The veterinarians would certainly be contributinpa great service to their community by helping control an escalating problem. Other communities have initiated such clines and they seem to work. It is possible the veterinarians would not need to serve at the clinic more than once every six weeks, and by charg ing a nominal fee, they could possibly break-even financially since they would be treating animals they otherwise would not see. I am concerned that the proposals set forth by Ms. Iiorton and Russo may Lurn the :animal shelter into an nnlmnl disposal. station, put Lhe "free" animal business 722 0 • into full -swing, thus srt.ting the stage for turning our local roadways into animal dumping grounds. I do not believe anyone wants to encourage this type of animal abandonment. I urge the Iowa City Council to consider and encourage the help of our local veterinar.tans in solving this problem. Sincerely, MOC&len Hill R. R. #2 Iowa City, Iowa i PROPOSED CHANGES IN THE CEMETERY ORDINANCE AND RULES AND REGULATIONS March 29, 1977 Changes in the Ordinance itself are: 1. No dogs, except seeing eye dogs, are to be allowed in the Cemetery unless confined inside a vehicle. Under past Cemetery and City Ordinances, it has been difficult to con- trol dogs within the Cemetery. 2. The right of law enforcement officials to discharge firearms within the Cemetery in the execution of their duty is legalized in the proposed Ordinance and was omitted in the present Ordinance. Changes in the Rules and Regulations are: 1. The City may re -purchase lots from lot owners at an amount not to exceed the original purchase price of the lot. 2. The Cemetery Staff will, as soon as the interment site is located, notify the person(s) making the funeral arrangements of the earliest possible time for the service to be held. 3. No burial will be allowed until a burial permit is presented to the Cemetery Staff as required by the Code of Iowa, Chapter 144.32 4. A new area is available for the exclusive use of persons wishing to inter cremains. 5. Oakland Cemetery is now a non -perpetual care cemetery. 6. Artificial decorations will be permitted for a period of three (3) days before and four (4) days following Memorial Day and during the period beginning on November 15 and ending on March 1. 7. No funeral will be scheduled that will enter Oakland Cemetery after 2:00 p.m. November 1 through March 1, Monday through Saturday, or after 3:00 p.m. March 2 through October 31, Monday through Saturday. 8. Visiting hours are to be 8:00 a.m. to 9:00 p.m. instead of the previous 7:30 a.m. to one-half (;) hour after sunset. 9. Children under sixteen (16) are no longer prohibited from entering or being in the Cemetery without their parents. 10. Brown Street is designated as the entrance and exit for the Cemetery. Regarding fees and charges: 1. All charges are to be increased - both lots and services. 2. Space in Babyland will no longer be without charge. 3. Any tent is to be provided by the vault company instead of the Cemetery. 72 3 RECEIPT COMPARISON FOR BURIAL SERVICE INCOME AT OAKLAND CEMETERY FOR FY 76 March 29, 1977 This chart indicates actual burial service income as compared to that which could have been collected if proN:;:.ed fees had been in effect. Service Resident - Weekday Resident - Saturday Non -Resident - Weekday Non -Resident - Saturday Tent Welfare Cremation - Weekday Cremation - Saturday No Vault (extra charge) Baby Totals Number 64 14 0 2 77 5 9 1 2 3 98 * Possible receipts at suggested fees Actual Receipts $3,660.00 $1,260.00 $ 00.00 $ 360.00 $1,155.00 $ 180.00 $ 135.00 $ 22.50 $ 70.00 $ 75.00 $6,917.50 Submitted by Billie Hauber Superintendent of Cemetery -Forestry A i Possible Receipts* $ 8,000.00 $ 2,030.00 $ 00.00 $ 580.00 $ 40.00 $ 180.00 $ 225.00 $ 37.50 $ 120.00 $ 105.00 $11,317.50 RECEIPT COMPARISON FOR LOT SALE INCOME AT OAKLAND CEMETERY FOR FY 76 March 29, 1977 This chart indicates actual lot sale income as compared to that which could have been collected if proposed fees had been in effect. Lots Actual Actual Proposed Sold Price per Lot Receipts Price per Lot 37 $110.00 $4,070.00 $280.00 3 $ 80.00 $ 240.00 $210.00 6 $ 90.00 $ 540.00 $250.00 9 $100.00 $ 900.00 $280.00 55 (total) $5,750.00 (total) * Possible receipts at suggested fees Submitted by Billie Hauber Superintendent of Cemetery -Forestry Possible Receipts* $10,360.00 $ 630.00 $ 1,500.00 $ 2,520.00 $15,010.00 (total) 0 0 0 0 L q o o N O O O n o 07 00 ' O p £ ,y MV} N .O t/} t? .D uT N N > u O .ca vqi 00 w O O .0 O O N N L T O O O O O O O u N O O H w U O q n O O O o O o -H C w o ] o> w 00 q U H N .ti .O t•1 I� M M N 1O+ C N G O U3 of vs V1 N C. ri U N L n O O 0 O O u O C O O O w U w N 4 7 O O O O vl O .A O. 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O ry V] n w O r7 ~H y I+ W W O H IC O �y H W W O W N H V Uww A H Z Pi O ACCOUNTING SHEET CEMETERY COSTS March 30, 1977 CEMETERY DIVISION - FY 76 COSTS Cemetery Budget (less Staff) 55% of Superintendent's Time Spent on Cemetery 75% of Staff Costs Cemetery Cost of Operation for FY 76 ctual Income: Income from Lot Sales $ 5,750.00 Income from Services $ 6,917.50 Supportive Funds Necessary $12,667.50 CEMETERY DIVISION - PROPOSED COSTS Cemetery Cost of Operation for FY 76 Possible Income: Income from Lot Sales Income from Services Supportive Funds Necessary $15,010.00 $11,317.50 $26,327.50 $23,445.00* $ 6,944.00 $33,380.00 $43,769.00 - $12,667.50 $31,101.50 $43,769.00 __II - $26,327.50** $17,441.50 * Superintendent's Salary (then in Park Budget) $11,976.00 Superintendent's Benefits (then in Park Budget) $ 650.00 $12,626.00 ** Arrived at by using proposed increases in both lot prices and service prices. by Billie Hauber Superintendent of Cemetery -Forestry jJ' • RECEIVED MAPS W ILI //� /%Z�i!/�✓-�'�rti_tj. ,��,,�,r✓. �tG. 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Ciky,I'Owa, Si,.t/e Dear Utility Customer: Our records continue to r lect an overdue account for water and sewer service at /so if in the alqount of¢ This nceount in listed in the name of qrr .4 A—M— _ During the lost thirty to sixty day period, we hove nttempted to collect the amount now owing; however, at thin time it appears that collection from the above individual may not be possible. We would like to ask your cooperation in seeing that this matter is brought to an early and satisfactory conclusion. If we do not receive payment within 30 days, our procedure will be to transfer the amount past due to your account and treat it as a past due bill and/or certify to the County'Auditor the sewage portion of the bill for collection with the taxes for the property listed above as specified by the Iowa City Ordinance Number 75-2773. `— If you have any quesiions•in this regard, please do not hesitate to contact the Utilities Division, Ext. 273. Your prompt attention to this matter will be appreciated. NH: be Sincerely, �} Nancy Heaton City Treasurer REIWBILITATION MEETING WITH LENDING INSTITUTIONS MARCH 24, 1977 PRESENT: Mary Neuhauser, Mayor; Carol deProsse, City Council; Jim hall, Milo Pecina, Mary Rock, CCN; Dick Barkalow, Iowa State Bank and Trust; Dave Hintze, Perpetual Savings and Loan; Bill Stewart, First Federal Savings and Loan; Jim Schulze, Hawkeye State Bank; Mark Thompson, First National Bank and Trust; Larry Fountain, University of Iowa Credit Union; Mike Kucharzak, Rehab Consultant; Julie Vann, CDBG Program Coordinator; Kevin Keck, Controller; Jim Leighton, Rehab Supervisor; Maureen Taylor, Finance Specialist Jim Leighton began the meeting with a brief summary of what the Rehabilitation Pro- gram has done to date. Included in his remarks were statements that 97 inquiries have been received and that three houses are presently under construction. A written progress report was handed out. The remainder of the meeting was spent discussing the questions raised at the March 4 meeting with the lenders and getting their opinion of the loan program. The following items were discussed: 1. Early loan retirement incentives: The lenders had previously questioned the 15 year term of t e loan. It was suggested at this meeting that some incentive be given to encourage the applicants to pay back the loan sooner. Incentives discussed: The monthly service charge (probably $2 or $3) is only due when payments are outstanding. A mortgagor will save the $24 to $36 per year if the loan is retired early. For additional incentive, a rebate was suggested. For example if the loan would be paid in five years rather than fifteen, possibly 10% of the original principal could be forgiven. The staff reviewed this proposal and has tabled it for further review if needed. Because the clients will be saving monthly service charges and residency terms in Iowa City are often shorter than 15 years, the staff does not view this as a problem. At this time the staff wishes to keep the administrative procedures simple (and not commit staff time 5 or 10 years from now): 2. First mortgagee notification of loan application: The lenders had requested that they be Roti ied When a loan application was taken and when a decision was made. Staff agreed with this request. J Z?e Rehabilitation Meeting with Lending Institutions March 24, 1977 Page 2 3. Delinquent lo:n procedures: This topic generated a lot of discussion, in- cluding the following comments: a. The Housing Rehabilitation staff, as part of their research, had spoken to a collection agency. However, it was felt that hiring an attorney to collect late payments was preferable to a collection agency. A collection agency retains half of the outstanding loan as their fee - an expensive service. We don't forsee the need for very many foreclosures and case by case handling will be more satisfactory. b. It was inquired whether City attorneys or contracted private attorneys would be used for delinquent loan collection. When the situation arises, staff workloads will be reviewed; but at this time, we'd expect to contract a local attorney familiar with real estate and foreclosure to handle special problem cases. c. To encourage clients to not let their monthly payments become delinquent, a $2 fee will be collected for each payment delinquent by more than one month. A percentage charge was disallowed for fear that a court would find it usurious. The Consumer Credit Code of Iowa prevents us from collecting funds to cover legal fees incurred by the City in loan recovery. The alternative is to charge a flat fee to discourage delinquent payment and to absorb any additional loan servicing costs. The specific details of delinquent payment charges will be agreed upon at the loan closing. 4. Participant ability to repay: A lender inquired about individual participant's ability to repay a loan and the procedures were restated. Two tests will be used: first the federal formula used for the HND 312 loan program -- $2 per day per family member must be available for a living allowance after fixed monthly expenses and housing costs are paid; the second review will be by the Rehabilitation Review Board who will review each application before the loan is allowed (membership is stated below). There was a little concern that the first test did not allow enough money for satisfactorily meeting day to day living expenses, but the staff reminded the inquirer of the test's source and also reminded him that the Rehab Review Board would review each application. S. Rehabilitation Review Board Membership: The Rehabilitation Financing Handbook (Chapter 1, page 2) membership shall be stated to include at least the Depart- ment head, Finance Specialist and Rehab Supervisor. Other members such as a local lender and a member of the legal staff may be added, The lenders seemed interested in participating, at least initially. Rehabilitation March 24, 1977 Page 3 0 Meeting with Lending Institutions 6. Land contract purchasers' program eligibility: staff that land contract purchasers would not be One of the lenders brought to the staff's attent could be taken on the property per se and record To foreclose, however, the City would have to pa title to the property. The lender felt that the title to the property regardless of whether it w a land contract. The staff had reservations ab and becoming title holder to the property. 0 It is the position of the City eligible for the REHAB I loan. ion the fact that a lien ed at the County Courthouse. y off the contract and obtain City would have to gain as a conventional mortgage or out buying out a contract 7. Maximum loan limitation criteria: The third criteria listed in the Rehabilita- tion Financing Handbook (Chapter 7, page 6) was again reviewed. The 3% minimum equity in the loan property was questioned as being sufficient. The inquirer was reminded that the formula was derived for the federal HUD 312 loan program where, through several years use, it has been determined adequate. 8. Controlling property use after rehabilitation: There is the possibility that sometime during the 15 years of loan repayment that property owners may choose to move to another location and lease the rehabilitated property. This is something that the staff cannot control administratively, although each family and each property will only be eligible once for program participation, so ' individuals will not be able to hop from house to house doing home improvements. 9. City property disposition after foreclosure: A question was asked: If the City foreclosed on a property, would the City rent out the property thus becoming a landlord? The general feeling on this question was that the economics pre- vailing at the time of foreclosure would dictate the action to be taken by the City. 10. Asset Guidelines for the REHAB I loan: 1p a. The liquid asset guidelines as presented at the March 4th meeting were considered to be too high for individuals who earned the maximum incomes for their family size. The staff developed a sliding income/asset scale which the lenders thought was a more equitable way to determine income and assets. The lenders were concerned that the allowed assets go no lower than 50% of the maximum asset figure. They felt that 500 of the allowed assets was a good minimum even when a family had the maximum income level. The staff had increased the allowed maximum income for the elderly to $20,000 for one person and $25,000 for 2+ people. The lenders generally agreed with this change. Their only suggestion was to raise the asset maximum for elderly applicants. The chart in the final draft of Chapter 7 will reflect final changes. 0 Rehabilitation Meeting, with Lending Institutions March 24, 1977 Page 4 0 b. A conversion of assets was suggested with an applicant's excess assets being applied to the cost of the rehabilitation. The remaining rehab cost would then be paid for with the grant or loan funds available. The Rehab staff agreed with this suggestion. c. One lender wondered if the asset limit could be left fluid with the committee making a final determination of eligibility. While the private sector has the option of an open-ended asset level, the Rehab program does not. In order to be fair to applicants and taxpayers, a rigid ceiling is necessary. d. The problem of applicants putting their assets in another person's name was discussed briefly. Solutions for this problem would include a time limit between applications, for example 3 months, with a review then done by the committee. If the applicant reapplied with a significant decrease in income or assets, the review committee would decide whether the reason for the decrease was valid. For example, a man of 78 quitting his part time job or a family spending their assets on medical bills would both be considered as valid reasons for the decrease. Transferring the assets into a child's name would not. 11. Potential for program's competition with the private market: The lenders present assured the Rehab staff that this would not be a problem. The clientele the City would help is not the same group the private sector serves. Even if it was, only 90 of the community would be involved. The lenders expect to make referrals to the City loan program. 12. The concentrated service areas: The reason for the 2 pilot areas was questioned. The mayor replied that the target areas are to show what can be accomplished and are fundamentally for the grant cases. Area II was chosen because of the concentration of owner occupied older vintage homes. Area I was chosen because the Housing Rehabilitation program is supposed to compliment the Housing Code Program. 13. Lenders' opinion of the program: The lenders were asked if they approved of the REHAB I loan. The unanimous response was that they did. Mike Kucharzak then mentioned that the program may have to be adjusted as cases are processed and it's possible to see what problems exist. If there are major revisions, the lenders would be consulted. • . . Rehabilitation Meeting with Lending Institutions March 24, 1977 Page 5 The lenders offered good advice and thoughtful questions. Besides the financial aspects of the program, they were also concerned with the humanitarian aspects as shown when one lender suggested that the elderly and handicapped be categorized separately because the handicapped person might have a family to raise and need to have more assets than an elderly person. The Housing Rehabilitation program staff appreciated their input. ISubmitted by Maureen Taylor i • Minutes City/University Meeting Friday, February 18, 1977 10:30 a.m., Room 420, North Hall Those in attendance were Dick Gibson, Paul Glaves, Ray Mossman and Rosemary Vitosh. 1) Traffic Signal at Intersection of Melrose F, Woolf -- Installation of the signal is still anticipated for the spring of 1977. 2) Urban Renewal -- The next key date on urban renewals seems to be early April at which time the City will be publishing information on parcels available and soliciting proposals from developers. It was agreed that a part of the informational packages being presented to developers would include a statement to the effect that in blocks 83 and 84 the University is interested in talking with any developer about the possibility of air rights for future University expansion. It was agreed that Gibson would write a letter to the Council indicating that there were setback problems on the north and east sides of the Lindquist Center. The letter would also request that the necessary review process for this project be initiated and that a date be set for presentation to all interested City representatives. Glaves reported that there would be a meeting on February 23 with representatives of Zuchelli, Hunter and Associates and the City Council to discuss urban renewal land disposition. Glaves also reported there will be an additional meeting on March 14 between representatives of Sasaki Associates, Associated Engineers, Zuchelli, Hunter and Associates and the City Council for the purpose of establishing a project budget for Dubuque and College Streets east of Clinton. Glaves indicated these would be public meetings and that University representatives were welcome to attend. 2& 0 - 2 - LI 3) Sewer Study -- Vitosh reported that Neal Berlin intends to talk with Ed Jennings concerning this item. 4) UMTA Grant -- No further action required until buses are delivered. 5) Finkbine Bikeway -- Mossman reported that the contract between 1DOT and the University was submitted to the FebruAry Regents meeting. Plans for the project will be submitted to IDOT for their consideration on or before March 15th. 6) Street Signing -- Placement of the signs still need final review by Jim Brachtel. 7) Area Transportation Study -- It now appears that the technical and policy committees will work with the consultant in a final review of the draft copy prior to presentation of the final report to the Regional Planning Commission. 8) Comprehensive Plan -- This project is still in the information collection stage. 9) Melrose Avenue - Traffic Composition -- Mossman reported that the University is interested in undertaking a joint study with the City to determine the composition of the traffic on Melrose Avenue from its inter- section with Golfview, and Koser on the west to Melrose Ct. on the east. The objective of this very limited study would be to determine specifically what traffic along Melrose is presently hospital oriented and to serve as a base which could be used to determine the actual impact that the opening of the hospital ramp and Carver Pavilion has on Melrose traffic. Glaves indicated that he would communicate this proposal to Kraft and Plastino for further consideration. ':QC':1HOP'i IT t!AY CONCERN PROM -CHECK WlRITGR'S ASSOC �ION INCCRPA'I'ED RE:C}IECK WRITER'S ASSOCIATION INCORPATED BANQUET, rcll��n M'12 2 �l DATE:APRIL 16th 1977 TIME:5:00PM TO 9:OOPM PLACE:IOWlA STATE MEN'S REFORMATORY BOX B ANAMOSA9IOWA 52205 CHECK WRITER'S ASSOCIATION INCORPORATLVyCORNIALLY INVITES YOU TO ATTEND THE ANNUAL C.W.A.I., BANQUET9TO BE HELD AT THE IOWA STATE MEN9S REFORMATORY IN ANAMOSA9IOWA ON APRIL�q)Mth 1977 FROM 5:00 PM TO 9:00 PM. • • • • • • • • • • • • • • • • • • RJ© . . • . . . • • . . . . • • • • • M E NU MEAT ........... RIBEYE STEAK POTATO ......... BAKED POTATO S:ITH SOUR CREAM AND CHIVES VEGETABLE ...... GREEN BEANS ALMONDEAN SALAD .......... CHEF SALAD9WJITH CHERRY TOMATOES I. DRESS=NG....... ITALIAN9FRENCH,, AND ROQUFORT BREAD .......... FRENCH BREAD WITH WHIPPED BUTTER DESSERT ........ ICE CREAM ROLL WITH WHIPPED CREAM AND STEMMED CHERRIES DRINK•• ....... .COFFEE9PUNCH9 AND MILK COST FOR THE BANQUET WILL BE $4.00 PER PERSONt ALL MONEY ORDERS ARE TO BE MADE OUT AS FOLLOWS% CHECK WP.ITSR'S ASSOC.INCe C/O WARDEN AUGER BOX B ANAMOSA9I0WA 52205 INSTITUTION POLICY STAES THAT NO CHILDREN UNDER THE AGE OF TENDO) WILL BE ':ALLOWED.INTO THE INSTITUTION.YOU MUST BE ON SOMEONES VISITING LIST IN ORDER TO.BE ADMITTED9AND YOU MUST LEAVE ANY PURSES IN THE CAR.THERE WILL BE NO '.'PAYING AT THE DOOR9AND NO REFUNDS. ENCLOSED YOU WILL FIND A FORM REQUESTING ;!-THE NAMES OF THE PERSONS ATTENDING.PLEASE FILL THIS OUT AND RETURN IT WITH :YOUR R EMITTANCE9AS THE DEADLINE FOR YOUR RESERVATIONS IS MARCH 31st 1977. :-NO--ONE ';TILL BE ADMITTED THAT DON'T HAVE THERE RESERVATIONS IN BY MARCH 31st9 j 19". o THANK YOUo CHECK WRITER'S ASSOCIATION INCe • • • • • 1• • • .,• 'A 0• • • • • • • • • • • • • • • . APP: BY fi ^ 'i{ �`� APP:BY M� ROM SMITH MR ARR KULP PR SIDE ACTIVITIES CONSULTANT CHECK 'WRITER'S AS" IA ON INC. PLEASE •,L OUT THE FOLf,OWING FORM & RETURN IT WITH YOUR REMITTANCE. WHEN MV ING RESERVATIONS FOR THE BANQUET. NAME OF PERSON OR PERSONS ATTENDING BANQUET 10 20 30 40 5a 60 70 80 90 100 PLEASE NOTE THAT THE COST EM THIS BANQUET IS i4,60 A PERSON AND THAT THIS FORM MUST BE RETURNED BY MARCH 25TH919770 THANK YOU III SINCERLYa �mrc¢ C.W.A, Board of Directors 0 0 0 MINUTES OF STAFF MIT ING MARCH 16, 1977 Items from the Council meeting of March 15 were discussed: A question regarding the zoning near Mormon Trek was referred to Planning and Zoning Commission for recommendation and report back to the Council. The Legal staff is to determine whether or not the Cahill building on First Avenue is over two acres and if an ISNRD is required. The legal staff is also to advise under what circumstances an LSNRD is required. The recommendation by the Human Relations Commission to write a letter to President Carter regarding a national holiday com Emorating Dr. Martin Luther King's birthday was tabled. The Director of Parks and Recreation was asked to advise the Council of the cost of the Winter Trail Guide, the nunber printed, and how and when they were distributed. The resolutions regarding adoption and acceptance fees for animals at the shelter were deferred and will be scheduled for discussion at Monday's informal. session. The City Clerk is to refer the proposed tenant -landlord ordinance by the Tenants United for Action to the Housing Commission for comment. The City Attorney's letter reviewed the deputy chief's position as a civil service position. The minutes and certified list are to be put back on the agenda. The Council considered the resolution regarding traffic meters in the area of Iowa Avenue Building. The Council approves of meters in front of the Iowa Avenue Building only. Public Works is to reword the resolution and prepare for next week's agenda. Item No. 18 concerning the highway right-of-way was tabled. 727 MINUTES OF STAFF hihLf'ING • MARCH 23, 1977 Items from the Council meeting of March 22 were discussed: The Director of Public Works was requested to prepare maps relating to the Flood Plain Ordinance. The resolution regarding parking meters in front of the University Field House was deferred pending information from the Legal staff. The Director of Human Relations is to send the City Attorney's opinion regarding the Deputy Chief of Police position to the Civil Service Commission. The Animal Shelter Master is working on changing the resolutions regarding adoption and ac,.eptance fees for dogs and cats. These resolutions will be on the agenda again for the March 29 meeting. The City Engineer will furnish a letter from FAA regarding their reluctance to put utility wires underground. This will be forwarded to the City Council. The department heads were reminded to distribute materials to the City Council in Friday's packet for items to be discussed at the following Monday informal session. When the public brings in items for the agenda after Friday's packet has been prepared, these items will be sent the following Friday or the public can bring then up under public discussion at the formal council meeting. _ Public hearings have been set for April 12 for the rezoning at 522 East Burlington and for the Flood Plai^ Ordinance. The City Council would like to meet with the Civil Service Ccmnission. The purpose of the meeting will be for the Commission to inform the Council of the criteria and method of their selection and appoint— ments. The City Council has requested that the travel policy be added to the pending list of items to be discussed at informal sessions. This policy will be scheduled for discussion in April. The Director of Community Development was requested to add the subject of the location of the parking ramp to his list for discussion at weekly meeting. The Director of Community Development was requested to compile information on fair market rents for Senator Culver's office. David Perret brought up the matter of holes in streets at several locations caused by the gas company. The Director of Public Works will contact the gas company regarding this matter. March 23, 1977 Stating Page 2 J Councilwoman deProsse will be out of town for the April 5 Council meeting. The second consideration of the Human Rights Ordinance should be deferred until her return. A note to this effect should be made on the agenda. Scott Boulevard, Part 5, will be put on the agenda for the March 29 meeting. The resolution approving final plat of Oakridge Estates Addition was deferred and will be added to the agenda for the meeting of March 29. The City Council would like to have more information about the work schedule for the Hunan Needs Study to include rationale for requiring two years for the study. Department heads were requested to give consideration to making merit increases more meaningful to employees. The merit increases are becoming a routine - the requests for merit increases are coming to the Manager's desk without justification. Changes will soon be made to the payroll process. The Director of Human Relations will contact department heads about this. The Director of Parks and Recreation advised that his department is in need of a drafting table. If anyone has one available, please let him know. Forms for the Human Services survey were handed to department heads. Comments are due back to the City Manager's office within one week. The Director of Community Development distributed draft copies of the Iowa City Plan - Community Facilities Report. Comments are due in one week. The Model Traffic Ordinance is scheduled for discussion at informal session next Monday, March 28. A public hearing will be set for April 5. A copy of this ordinance should be sent to the Council on Friday with a cover memo informing the Council of changes made. The Director of Public Works was requested to prepare this memo. The Legal staff advised that an editorial conference regarding the recodification will be held April 27 and 28. Department heads were requested to be available on those dates. APRIL 1977 S i m T I TH 1� SAM -Urban Renewal (Conf Room) s 3 4 8AM Magistrates ( 5 6 7 8AM-Ma istrates 8 .` Court (Chambers) 1 AM-gtaff Teeting Court (Chambers) 8AM-Urban Renewal PPS -Informal 4PM-Committee on Conf 7.30PM-F&2 FOrmal (Conf Room) R Council (Conf m) Community Needs 3(Conf_Room) ing Com (Chambers) :30PM-P&Z Informal (Rec Center) Room .(Conf Room) 7;30PM-Council- (Chambers) 10 11 BAM-Magistrates 12 13 10MI-Staff Meeting 14 BAM-Magistrates 15 SAM -Urban Renewal 16 Court (Chambers) 7;30PM-Ralston Crk (Conf Room) Court (Chambers) (Conf Room) 1:30PM-Informal Coord Com (Law 3:30PM-Bd of Adjust 9AM-Iowa Civil Council (Conf Rm) Library) ment (Chambers) Rght Com (Conf Rm 7:30PM-Council 7:30PM-Parks & Rec Comm (Rec Center) 7:30PM-Comp Plan J (Chambers) 8PM-Iowa Civil Rgh Coord Committee (Conf Room) "I Comm (Chambers) 17 18 SAM -Magistrates Court (Chambers) 19 20 LOAM -Staff Meeting 21 BAM Ma4istrates Court (Chambers) 22 BAM-Urban Renewal Id.5 (Conf Room) 7:30PM-P&Z Formal (Conf Room) 1 ounciInformal 3:omm (Chambers) Council (Conf Rm) (Conf Comm (Conf Room) 7:30PM-P&Z 7:30PM-Council_ 7:30PM-Aixport Com (Eng Conf Room) Informal (Conf Rm (Chambers) 4PM-Mayor's Youth (Trinity Episco- 24 25 26 27 28 29 30 BAM-Ma istrates BAM-Ma istrates Court (Chambers) Court (Chambers) BAM nfbaoomjnewal 1:30PM-Informal 4:15PM-Library Bd Council (Conf Rm) 7t30PM-Council (Lib Auditorium) PM -Human Relation (Chambers) 7:30PM-Comp Plan f Room Comm (Con ) Coo rd Committee (Conf Room) 7 0 Special Environmental Laws Slow Clean Water Program MICHAEL B. COOK and RANDAL SCOTT OtOea of water Programa U.S. Environmental Prolectlon Apancy The opinions expressed in this article are the authors' and do not necessarily represent those of the EPA. THrfsfn of s_necial vtroEn tide aws and proce-en- duras -threatens to hamper the ro- grpm to clean u municipal waste - w ter pollution. a laws are aimed a pry of cling important resources such as coastal zones, endangered species, archeological sites and wild and scenic rivers, but they have created a tangle of red to a ands e- cial_ procedures w ac are t Jr their noble aims. T eWresu tfing red tape slows the Federal grant program for construc- tion of municipal wastewater treat- ment works and, in some cases, drives up costs by causing delay and requiring expensive modifications to projects. The Environmental Pro- tection Agency h s found 19 such spe_cta�l la�ws�an executive orders e manlT's`-feres oy12Federalagencies with huge quantities of implement- ing guidance. Requirements are steadily becoming more complex andldemandIng as a siren m of In- Ierpretations and new Implement- ing proceduredare handed out by lElte courts and cognizant Federal' / and slate agencies. The proliferating requirements Impact many other programs aside from the clean water program. One consequence is a groundswell of opinion which could push Congress to dilute important provisions of the laws. Several bills for this purpose surfaced in 1975 and 1976, although none has yet been enacted. The alternative is to streamline the procedural requirements of the special environmental laws and keep focus on the overall aims. De- scribed below are the most impor- tant elements In the rapidly evoly- Ing framework for the municipal construction program, with some suggestions on how It might be simplified. Original Priorities The 1972 Federal Water Pollution Control Act Amendments set a goal of restoring and then maintaining the chemical, physical and biologi- cal integrity of the Nation's waters. The Act committed $18 billion to Federal aid for municipal treatment works during fiscal years 1973, 1974 and 1975. Congress thus provided a higher funding level to municipal treatment facilities than to in- terstate highways and made itone of the largest public works programs in existence. The $18 billion authorization in- creased funding levels enormously over previous years. Congress first authorized Federal grants for municipal treatment works in 1956. During the 16 years between 1956 and 1972, however, only $5.2 billion was obligated. The 1972 Act contemplated that the construction grants program would move quickly, but not reck- lessly. It imposed new and more de- tailed planning requirements to be mel prior to grant award. I alson are - wired that all constructiornt ptofects comply wit t e auona Environmental Policy Act(NEPA of 1959. NEPA requires projects to be analyzed forpolenlial impact on the environment prior to grant award. An environmental impact state- ment must be prepared where the U.S. Environmental Protection Agency determines that the project would have a "significant effect" on the environment. A series of court decisions since 1969 have given great weight to NEPA's procedural requirements. Analysis of the environmental im- pact of a project must be thorough and subject to public review and comment or likely face a successful challenge in court. The Environmental Protection Agency has tightened its standards for compliance with NEPA as the grants program has matured and judicial interpretation has evolved. More environmental impact state. ments were prepared on grants projects during calendar 1976 than lhe0bined total for all previous yea after NEPA was enacted (1969). NEPA has slowed the grants pro. gram to some extent. Environmen- ml Impact Statements were being prepared on 104 projects to the end of 1976, with 44 experiencing delays nllributnble to NEPA. Federal, slate and local partici- pants in the construction grants process are nonetheless learning to work with NEPA. The major delays in the grants program are coming from the cumulative impaclof other environmental laws being applied to the grants program in a way never contemplated under the 1972 water pollution control act. . Historic and Archeological Preservation The environmental movement of the late 1960s and early 19709 led to the enactment of NEPA in 1969 and spearheaded the proliferation of special environmental laws and executive orders. It also generated a new interest in older laws which previously had little or no effect on the grants program. These laws have recently become influential due to amendments and new legal interpretal ions. The evolution of efforts to protect our historic and archeological heri. tage illustrates the complex new procedural requirements slowing the grants program. The National Historic Preserva- tion Act of 1966 set u a National Register of Historic Places. It also required Federal agencies to con. sult with the Advisory Council on liistoric Preservation when Federal projects threaten nAverse impact on a historic or archeological site. Executive Order 11593 in 1971 ex• prinded the authority of the 1966 Act. Particularly, properties eligible to be on the Register of Historic Places were provided protection equal to those actually on the Register. In 1976, the Nalionnl Historic Preser- valion Act was amended to expand the statutory protection to the eligi- ble properties already protected by the Executive Order. The Rall impact of the Act and the Executive Order began to be felt after the Advisory Council Issued regulations for carrying out the Act and the Order in.carly 1974. The Ad. visory Council procedures required that a Federal agency consult a state historic preservation officer when determining how its activities would effect historic or archeologi- cal sites. The procedures also re- quired that the stale officer, along with the Advisory Council and the interested Federal agency, reach 62 PUBLIC WORKS for March, 1977 �..?8 written agreement in certain cases on how to mitigate any adverse ef. fects expected from a Federal proj. ect. These procedures are apart from NEPA and all other requirements for it construction grant. Advisory Council officials and state historic preservation officers have had to learn about the grants program to implement their procedures intelli- gently and expeditiously. EPA, state and local officials have had to learn the new Advisory Council pro. cedures. Education of all these par- ticipants alone has diverted sub- stantial resources from keeping the grants program moving. To comply with Advisory Council procedures, municipalities have been forced, in an increasingly large percentage of projects, to hire an ar- cheologist or an historian to look for prehistoric artifacts on proposed sites for treatment plants and sew- ers. Where such artifacts are found, the treatment works must be modified, moved, or the archeologi- cal properties salvaged. EPA has deemed all these activi- ties to be eligible for grant funds. The local share (25 percent) plus the costs of delay nonetheless create a burden on municipalities in many cases. Delays of a month are not un- usual and a few projects have been delayed for longer periods. Ar. theological surveys are conducted on most projects now at a cost of hundreds or even thousands of dol- lars per project. With over 4500 proj- ects currently undergoing prelimi- nary planning, the total funds being channeled to archeology are sub- stantial. Local officials feel they are under pressure to do more and more to rind and protect archeological and historic sites, while clear standards for delgrmining what is important seem td be lacking. EPA%'hes tried to comply with -the Advisory Council procedures. In dojng so, the Agency together with fie states and municipalities have had to learn new disciplines not previously well known in the grants program. Terms like "holocene" and "borrow pit" are now heard in the halls with "activated sludge" and 'biomass.' The special Advisory Council pro- cedures are thus slowing the grants program and creating an economic burden on municipalities. Local officials are becoming skeptical that enough of historical and archeologi. cal val ue is being saved to j ustify red tape In many cases. Other Environmental Laws Other laws have impacted the grants program less dramatically laws on historic preservation sludge disposal, but evolving requirements are steadily becoming more demanding. The Endangered Species Act of 1973 prohibits Federal agencies from jeopardizing threatened or en. dangered species, or altering habitat essential to their survival. The Department of Interior is pre. paring new procedures for comply- ing with these provisions, which lend themselves to wide-ranging in. terpretation and present many of the same problems as requirements for historic and archeological pres- ervation. A total of 178 fauna are listed ��s endangered and threatened species. The Department of Interior has published for comment an additional list of 1700 Flora. Four or five hundred of the 1700 species are expected to be listed by the end of 1977. One possible consequence of a great expansion of the list coupled with new procedural guidance could be a need to hire a biologist to survey most grant project sites, much as ar- cheologists are already doing. The Wildand Scenic Rivers Act is administered jointly by the De- partments of Interior and Agricul. ture. Split responsibility in itself complicates compliance. Proce- dures for meeting requirements, moreover, are still evolving and must undergo refinement to work smoothly for the grants program. The wild and scenic rivers system presently includes 1206.5 river miles. Another 48 rivers are being considered for inclusion in the sys- tem. The Coastal Zone Management Act of 1972 provides for slate plan. ning and management to protect and develop the coastal zone. After stale coastal zone plans are ap. proved, grantees will have to obtain agreement from state management agencies that proposed projects are consistent with the plan. State deci. sions may be appealed to the Na. tional Oceanic and Atmospheric Administration (NOAH) under spe. cial circumstances. The impact of the Coastal Zone Management Act on the grants pro. gram, has yet to be fully realized. NOAA, which administers the pro. gram has approved the Washington State plan and expects that Oregon, California and the Virgin Islands will have programs approved by the end of calendar 1977. Rhode Island, North Carolina, Michigan, Maine, Delaware, Massachusetts, Mary- land, Florida, Louisiana, Illinois, Wisconsiri and Puerto Rico should follow by the end of 1978. The re- maining coastal states are not ex- pecle� meet the program re. quire s set out in the Act until 1978. Thr Nnlinn:J Flnntl lnanranreA t or 1968, as amended by the Flood Disaster Protection Act of 1973, of. feels a large portion of all treatment works projects. It provides for sub• sidized low cost flood insurance for projects in flood prone areas if communities undertake flood plain management measures to encour. age limited development of flood plains and reduce unnecessary flood losses. The grants program is obligated to ensure that three requirements of the flood insurance legislation are met. First, a community with a des. ignated flood hazard area must par. licipale in the insurance program for project approval. Second, the proposed waste treatment facility must be designed and sited so as to conform with the local flood plain management plan. Finally, any walled and roofed structure in the project must be insured if valued at over $10,000. Just over 20,000 communities have been designated by the De- partment of Housing and Urban Development as flood prone. The number is continually rising. The Federal Power Act of 1935, as amended, requires each of roughly 900 hvdroeicctric projects licensed by the Federal Power Commission to comply with a comprehensive plan for improving-ordeveloping a waterway to the benefit of com- merce, water power or other public uses, including recreation. Con. struction grants projects which will affect these plans must seek an amendment to the Federal Power Commissions license. The proce- dures for complying with these re- quirements, like those for Wild and Scenic Rivers, have not been clearly spelled out by the FederalPower Commission and have been subject to some confusion. The most recent environmental legislation of major significance, the Safe Drinking Water Act of 1974, is aimed at ensuring that public water supplies meet minimum no. tional standards for protection of public health. The section of the Act with most immediate affect on the grants program provides for desig. nation of nreas of the country where an underground aquifer is the sole or principal source of drinkipg water which would create n hnzard to pub- lic health if contaminated. No Federal funds may be commit- ted to any project which could con- taminate a designated aquifer through a recharge zone. Only the Edwards Underground PUBLIC WORKS for March, 1977 63 Reservoir near San Antonio, Texas has been designated to date. Guam has applied to EPA for designation, and Long Island, New York is pre- paring a request. Complicated Administrative Framework The huge number of people Par- tici titin in the construction ants program complicates compliance with the special environmental legislation. The Federal govern- ment normally provides grants di- rectly to municipalities, but all local plans must be certified by the state government prior to Federal ap- proval. The Environmental Protection Agency thus works directly with the 50 states and over 8,000 grantees representing a much greater number of political jurisdictions, each with some Influence over the content of grant applications. 18PA has a staff of 900 persons to I with this huge constituency. The Federal Highway Administra- tion, by comparison, runs the in- terstate program with a staff of 4000 working with an immediate consti- tuency receiv! vrints of only the 50 states. EPA's administration of the grants program is under constant surveillance by environmental or- ganizations, the General Account- ing Office, the Congress and other groups interested in ensuring that projects are sound environmen- tally. A slighting of the require- ments imposed by the special en- vironmental legislation would not be possible even if considered desir- able, which it is not. The Natural Resources Defense Council and the National Wildlife Federation have established formal programs at the national level for oversight of the grants program. Loc- vlronmental organizations haveWn used the special legisla. tion to influence planning at the local level. The environmental legis- lation has been the basis for over 30 court actions against grants projects between 1972 and the end of 1976. Few adverse decisions have re- sulted, but pressure for careful compliance is unrelenting. The Agency is seeking new ap. proaches to mitigate the unneces- sary and unfruitful delay and ex- pense caused in the grants program by the special environmental legis- lation. Many special procedural re- quirements could be revised to fol- low the environmental review pro- cedures required by the National Environmental Policy Act. EPA uses NEPA to help make decisions on projects potentially impacting sole -source aquifers designated under the Safe Drinking Water Act, Designing Curb Ramps for the Handicapped MANY physically handicapped people are unable to use public sidewalks because the curb ramps at street intersections constitute an insurmountable barrier. Curbs either prevent the handicapped from crossing the street or force them to cross using driveways at Io - cations unsafe for public crossing. Many stales, however, now have laws requiring construction of curb ramps for the handicapped. Further, the Federal Highway Act of 1973 amended the United States Code to say that no state highway safety program will be approved for funding after July 1, 1976 unless proper ramps for the handicapped Are constructed. In the face of these mandates, public works personnel across the nation will eventually be confronted with design and place- ment questions about curb ramps. Following is some general informa- tion that may be of assistance in an- swering these questions. Since ramps must be designed to accommodate everyone, transitions from the sidewalk to the ramp must be gradual. The ramp should be lo- cated within the crosswalk, prefer- ably in the middle of the curb return as shown in Figure 1. It is important to blind persons using the sidewalk that the location of ramps be as uni- form as possible. This enables blind persons to find the ramp at about the same place in all curb returns. Placing the ramp in the middle of the curb return allows a single ramp ' – Figure 1 to serve two crosswalks. The ramp width provides ample room for ac- cess to both crosswalks, and this area is also generally clear of utilities. If the ramp cannot be placed in the middle of the curb return, it should be located inside the curb re- turn, as shown in Figure 2. This lo- cation, however, has a number of drawbacks— it requires two ramps, is often occupied by utilities and does not provide uniformity for the blind -- and should only be used if the middle of the curb return is not available. Curb ramps located at the begin- ning of the curb return face similar problems. Two ramps must be con- slructed and the location once again Figure 2 64.. PUBLIC WORKS for March, 1977 andtliesameapproachcouldbeex- endersland the dynamic legal tended to other laws. framework and keep track of The delay and expense of the his. changes. Applying the require - toric preservation and endangered ments intelligently requires ar. species laws could be greatly re- theologists, biologists and other en. duced if the responsible agencies vironmental specialists in addition assumed the burden of identifying to engineers. States, municipalities vulnerable resources and estab. and consulting firms will have to lished rigorous standards to deter- supplement engineers on their pol- mine what really must be protected. lution Control staff with profession - These improvements could be made als from other disciplines to a much without a change in the applicable greater extent than in the past. laws. The public as well as the other An agency within the Executive participants in the grants process Office of the President would must be aware of the economic and ideally assume responsibility for environmental tradeoffs between presiding over needed reforms. The control of municipal wastewater Council on Environmental Quality pollution and impacts on historic may be the best candidate because sites, endangered species, flood of its interest and concern for re- plains, acquirers, coastal zones and moving obstacles to our environ- scenic rivers. Highlighting the real mental goals. issues and minimizing procedural Even with these improvements, redtape are essential to this end. delays can be minimized only if all Overlapping planning require - participants in the grants process ments such as those of the coastal fails to provide uniformity. This lo- cation is generally occupied by utilities such as traffic signals, street lights, fire hydrants, .catch basins and power poles. As for ramp construction, they should be similar to a driveway but with different dimensions, as shown in Figure 3. The curbline width (W) should be four feet, rising to a minimum width of three feet at the lop. The length,of theramp (Y) should be such that the standitrd maximum slope is 12:1. If a 12:1 slope does not fit, an 8:1 slope is ac- ceptable or an absolute maximum slope of 6:1 where pedestrian traffic Is light. Flatter slopes are desirable where freezing weather occurs. Woths of those sections flanking the, -ramp center (W) should be equivalent to one foot per inch of curb face height up to a maximum of fix feet M. When these side slopes are adjacent to a landscaped park- way, a width of four feet is accept- able. Four feet of width is also ac- ceptable when the side sections of the ramp encompass a signal pole. Also, when the tops of these slopes fall within one foot of the beginning of the curb return, the beginning of the curb return itself may be used as the lop of the slope. A half-inch curb face should be usedon the center section (W) of the ramp with an eight -inch tolerance on the curb face of the side sections (X). Although no curb ramp is de- sirable for the handicapped In wheelchairs, it Is a distinct safety feature for the blind, With no curb in the ramp, a blind person could leave the sidewalk on( enter the Plint-ff wnRRC f, at. L 1077 z*nanagemenl program and the clean water program may have to be rationalized by a higher order of planning at the slate or national level. Delays and spiraling costs due to the increasingly complex legal framework are not unique to the grants program. The proliferation of laws, regulations, guidance and court interpretations is widely be- lieved to slow or bar attainment of desirable ends by tangled proce. dures and excessively detailed re- quirements in all walks of life. New legislation may ultimately be necessary to protect special en- vironmental interests in a new and streamlined framework which will allow the clean water program to proceed apace. One—of the Nation's high st priorities fort a environ. merit should not be allowed fo wn in an are tem sea of paper - f Y j� Figura 3 i street without knowing it. A small curb face helps the blind locate the curb line. The ramp texture should be rougher than that of the surround- ing sidewalk, The rough texture wi ll provide the necessary non -slip sur. face on the steepened grades, and will also help warn a blind person of the ramp's presence. When sidewalks have been constructed with an kind of special surface, such as brick or tile, the romps should be made ofa material with rougher tex- ture. A landing at the top of the ramp need not be provided unless the area is susceptible to freezing. When sidewalks are too narrow to accommodate the proper ratio of rise of the ramp -12:1— and niteration of the curb face Is not possible, con. sider dropping the elevation of the back of the sidewalk. When plan. ning ramps in sidewalks on sleep streets ask yourself whether or not ramps will serve their Intended purpose. If the sidewalks are loo sleep for the handicapped, ramps may be unnecessary, Generally speaking, curb ramps should always be oriented to the di• rection of pedestrian flow. De• signers should keep in mind that the many variables involved make each intersection a special problem, to which no set of guidelines can be completely applied. ❑❑❑ The preceding discussion is based upon APNA GuidelinesforDesigu & Can. atruclian of Curb Romps forlhe Physically Ifandicapped. This publication and further information are available from the Institute for Municipal Engineering of the American Public Works Associa- tion, 1776 Mossachusetls'Avenue N.W., Washington, D.C. 21036. City of Iowa City DATE: April 1, 1977 TO: Neal Berlin, City Manager FROM: Julie Vann, CDBG Program Coordinator'J'k - RE: REHAB I Loan Discussion - Council Meeting 4/4/77 On February 28th the REHAB I Loan was reviewed and discussed by the City Council. The outcome of the discussion was to: 1. Hold another meeting with local lenders and the Rehab. Advisory Board. 2. Double check asset and income limits. The staff held the meeting with lenders and reviewed the "Rehabilitation Financing Handbook", Chapter 7 making revisions as necessary. 7 I is being presented to the Council Monday for approval and authorization to pro- ceed with the program. For example: 1. To find lenders to service loans. 2. To seek applicants qualifying for loan assistance. I would like the Rehabilitation Financing Handbook to be approved by the Council formally by resolution as soon as possible, e.g., Tuesday P.M., April 12th. JV/ssw ti 7,2 b < SECOND DRAFT Rehabiletion Financing Handbook CHAPTER 7. LIMITATIONS ON SECTION 2. REIMS I LOAN THE LOAN 1. GENERAL. This section sets forth the eligibility 'requirements for applicants of the City of Iowa City Rehabilitation Principal Loan program, hereinafter referred to as a REHAB I Loan. 2. APPLICANT ELIGIBILITY. To be considered for a REHAB I Loan, the applicant must comply with the ollowing criteria: a. Be the owner occupant of an all residential structure containing not more than two (2) dwelling units and located within the Rehabilitation Area currently designated for service by the City Council. b. Havt a maximum adjusted gross income (see Chapter 22) not in excess of the following: $10,000 for a 1 person household $11,375 for a 2 person household $12,750 for a 3 person household $14,250 for a 4 person household $15,125 for a 5 person household $16,000 for a 6 person household $16,875 for a 7 person household $17,875 for an 8+ person household c. Have liquid assets which do not exceed the following: See chart 3. ASSURANCE THAT REHABILITATION WILL BE COMPLETED. a. Rehabilitation costs may exceed the amount of the program's loan and/or grant if the applicant provides assurance that the additional amount needed to assure completion of the work required to meet the Rehabilitation Standards will be borne by the applicant. b. If the applicant obtains a supplemental loan commitment, the staff will secure. evidence that it is adequate and satisfactory prior to approval of the rehabilitation grant and/or loan. 4. tMXIMUM REHAB I LOAN ON RESIDENTIAL PROPERTY. The maximum loan on residential property shall be the lowest amount determined using the following three criteria, regardless of whether the loan is secured or unsecured. 0 7-4 -7'30 . 1 ELI a H a w W .7 d C7 N Zw 0 0 J 0 0 0 0 • • Rehabilitation Financing Handbook MMDILM LIQUID ASSETS ALLOWED FAMILY SIZE I 3 2 1 Inco.. 20,006 'y 2o;00d, 2D, DOD MOOD I0; 000 :0,007 75,030 10,000 5,000 to 5,499.99 M,GCO z 20 OOO: 20,000. 0 CDJ 70,000 0,070 IS cc 9,500 3,500 to m '(,i- 1.•i.. �::[� 5,999.99 20;640 70 000. 70 000' 0 OCO 70 OCO 20.OD0 24,250 9,000 6,000 to ;n.Lt 6.l%i 5 +• -_ 6,/09.99 :Iojow 20,000 4 :.-i6"660 _20,0.0 :,2otdoo 19,000 13.500 8,500 b,soo ' X70;000: a.q::^Y.f 70, ODD". :'tot i4c •:f++'f..:. '-30,000„ {10,010 _ ...... ', 20,OOD: 18,000 11,]50 6,000 7,000 7D�000 10 000.: 0 000 y20 000 J9,000 11,000 12,000 7, SOD 7,500 70;000 74 000 20 t!00.� 19,000 18,000 16,000 1],]50, 7,000 8,000 70,070,•, 19,000 IB, ODD I7, 000 15,000 10,500 6,500 8,500 _2D�C0Q;. .'20,000'_' 19,000 18,000 '17,000 16,000' 34,DDO 9,750 6,000 9,000 " 19,00D J8,OD0 17,000 16,000 15,000 13,000 9,000 S,s00 9,500 18,000 17, 000 16,000 15,000 18, DOD 12, DOD 8,250 5,000 10,000 ]],DDD 16,000 15,000 71,000 13,000 11,000 7,500 10,500 16,000 15,000 11,000 13,000 I2,ODO 70,000 7,500 I1, 000 I5,OD0 14,DOD 13,000 12,000 11,000 11,500 11,000 73,000 12,000 21,000 10,000 + 12,00D 13,000 12,000 11,000 20,000 ` 17,500 12,000 ]],DOD 1D,000 13,000 21,000 ]0,000^m 13,500 18,000 10,000' ��Ie`v' ppp t � 74,so0 s, 000 u W 6 u z H 121 y a [7 Q EXCEPTIONS: 'Elderly and handicapped residents on fixed low incomes (below 50% of median income) will he allowed assets in the following amounts: 1 person $20,000 2+ person $25,000 7-S • Rehabilttation Financing Handbook Conversion of Assets: When an applicant has assets which are in excess of the maximum liquid asset level, the excess amount may be reduced by applying them toward the actual cost of the rehabilita- tion of the property. The excess assets must be escrowed to the City of Iowa City to pay for the rehabilitation. a. The actual, approved construction costs. b. $17,400 per dwelling unit. c. An amount which when added to any outstanding indebtedness related to the property, creates a total outstanding indebtedness which does not exceed: 97 percent of the sum of as -is value of the property and estimated rehabilitation costs up to and including $25,000 90 percent of the next $10,000, and 80 percent of any balance of the sum that exceeds $35,000. S. ABILITY TO REPAY. An applicant for a REHAB I Loan shall be considered to have an adequate ability to repay the loan if after the loan is made, the following tests can be met: 6 a. A maximum expenditure for housing expenses shall not exceed 35% of the adjusted gross income of the household (see Chapter 22). Housing expenses include: (1) Principal and interest on mortgage or land contract. (2) Principal payments on City of Iowa City rehabilitation loan. (3) Taxes. (4) Utilities. i (5) Hazard insurance premium. (6) Maintenance. c b. A minimum of $2.00 per person per day must remain available for food, clothing, medical expenses, etc., after the fixed monthly expenses for the following have been deleted from the adjusted gross income: (1) Housing expenses (see 5.a. above) (2) Automobile payments (CUR -6270, line G-1) (3) Life insurance loan (CDR -6270, line G-2) (4) Notes payable (CDR -6270, line G-3) (5) Mortgages or land contract payments for other real estate (CDR -6270, line G-4) (6) Monthly installment credit accounts (CDR -6270, line G-5) (7) Life and health insurance premiums (CDR 6270, line H-2) • RehabiliLlFtion Financing Handbook 6. Promissory Note shall be signed and duly recorded on all REHAB I loans. In addition, all loans in excess of $4,050 shall be secured by a mortgage, duly recorded, naming the City of Iowa City through the Department of Community Development as Mortgagee. 7. TERMS AND CONDITIONS: a. Terms and Conditions. The Maximum term of the REHAB I Loan shall be 15 years, and it shall bear .no interest. I b. Assignability. The REHAB I Loan is not assignable and shall be due upon sale or transfer of the property. Selling the property by use of a land contract shall constitute a transfer of property and the Rehab I loan shall be payable in full at that time. c. Repayment and Debt Service. (1) Payments shall be made in 180 consecutive monthly installinents to a local lending institution designated by the City. Each monthly payment shall be for 1/180 of the original loan amount plus a monthly debt service charge. (2) The REHAB I loan may be retired in a period of less than 15 years without penalties. d. Service and Closing Costs. The closing costs for a REHAB I Loan may include the following: (1) Fees for establishing debt service account. i (2) Appraisal fees. (3) Title search and abstracting fees. (4) Recording fees. •(5) Legal fees. e. Delinquency and Late Payment Penatty. A late payment charge shall accrue on any amounts delinquent by one month or more. The amount will be specified at the loan closing and if altered, the mortgagor will be notified 60 days prior to the effective date. 7-7 April 2, 1977 Dear Councilmember: The con'troverslality of the most recent Civil Service Commission decision has prompted the City Council by a 6 to 1 vote to seek a constructive and mutually Informative meeting with the Commission with the specific objective, in the words of the Councilmember proposing the meeting, "to discuss and better understand their role, not to get into personalities In any manner, shape or form." Because this latest decision of the Civil Service Commission appears to the Iowa City Police Patrolmen's Association to be a part of a continuing series of controversial actions all commonly rooted in the Commission's own confusion concerning its role and duties, we support such a meeting and are genuinely confident it should be of enormous benefit ultimately to all parties concerned; not only City Councilmembers and Civil Service Commissioners, but also Municipal Administrators and senior Police Department management personnel as well as Patrolmen. Other city employLes and occupations, such as firefighters, also covered under Civil Service protection will directly benefit also. We join with the Council in expressing our own desire for clari- fication, and it is in this spirit of open and enlightened discussion, that the entire membership has by unanimous voice vote (at our March 22, 1977, meeting) authorized the preparation of this brief packet provided for each Councilmember's thoughtful consideration. Enclosed in each packet is: 1) a copy of a list of clarifying questions concerning details of the Commission's operations we suggest the Council will find useful to ask the Commissioners, and which we would ask given the same opportunity to do so; and 2) a list of guide- lines regarding the institution of policies and the implementation of procedures we believe the Civil Service Commission should adopt, putting an end to the confusion concerning its role and duties. In addition to this packet, two depositions by William G. Nusser and David G. Epstein, on file in the City Attorney's office and available for the Council's inspection, will clearly destroy all remaining doubts about the Commission's own confusion concerning its role and duties; and indeed are documentary evidence for the need for such clarification. The Council can appreciate our genuino desire and effort to serve the citizens of Iowa City in a thoroughly professional manner. The Council can also appreciate our genuine desire that the same be expected of the Commission lawfully appointed to oversee the protection of our rights. There should be no question of confusion concerning the Civil Service Commission'a function, purpose, its original "commission"; to protect police officers - and other eligible governmental employees, as defined - from the lack or misuse of duo legal process by the public, 73/ 0 0 their employers, end even each other, in disputes relating to the pro— fession of law enforcement and the performance of their duties. The Civil Service Commission was established in part to help insure the development of professionalization in government. It is to this contir,_•ing effort that we continue to dedicate ourselves. We have provided these packets openly, but privately, so discussions between Councilmembers and Commissioners may progress with— out the interference of untimely commercial publicity. We seek, in essence, to know what rules we should all be expected to follow in the interest if fair and equitable treatment. cc; John Balmer Carol deProsse Pat Foster Mary Neuhauser- David Perret Max Selzer Robert Vevera John Hayek Harvey Miller Candy Horgan Neal Berlin Very truly yours, ro" �O�L David G. Arkovich President, Iowa City Police Patrolmens Association SUGGESTED QUESTIONS FOR THE CIVIL. SERVICE COMMISSION 1) What are the duties of the Civil Service Commission? 2) What limits the actions of the Civil Service Commission? 3) Have you ever been given any instruction, guidelines, or material outlining your duties or obligations as a member of the Civil Service Commission? IF) What rules or regulations do the Iowa City Civil Service Commission have? 5) Is the Civil Service Commission familiar with Chapter 400 of the State Code of Iowa (Se. Civil Service laws)? 6) What person or department do you consult with regarding Civil Service regulations when a questions arises? y) If the Civil Service Commission takes an action that is in viola- tion of state or city laws, who has the ability to challenge the violation?, 8) Do Civil Service Commission meetings fall under the statutes of Iowa1E open meeting law? A. If so do the times and places of these meetings have to be published in advance and posted? B. Are the minutes of these meetings kept for public record? 9) Do you keep a Civil Service file on all officers? A. Is it available to the officers? B. Is it ever changed? C. 1'Ihat is the purpose of the file? 10) Have you ever consulted with any member of the Iowa City Police Department in regard to: A. Promotional or entrance tests B. Promotions .. C. Problems D. Discipline 11) When an individual is found to be unqualified for entrance or promotion do they have a right to find out why? 12) Why was a representative of the Police Chief present at the last promotional oral interview? A. At who's request? B. What was his function in relationship to determining qualifi- cations? C. Does the state law give the Civil Service Commission the authority to call in Police management personnel in the selection - of qualified personnel for promotion? • C� 13) Are you aware that on occassion a number of officers have been unhappy with the Civil Service Commission and are you aware of the reasons why? 14) Would a set of rules giving your duties and obligations as a Commissioner be of help to you in your position? PROPOSED CUIDEL111F1S 1) That the place and time of all public meeting of the Civil Service Commission be posted and/or otherwise publicized at least one week in advance. 2) That all Civil Service Commission rules be posted at the Police .Department. 3) That no person be allowed to be appointed to more than two (2) six (6) year terms on the Commission, and under no circumstances serve over twelve (12) years. 4) That information be provided to all employees covered by Civil Service explaining the function of the Civil Service Commission and its history. 5) That the Civil Service Commission be directed to seek legal opinions from the City Attorney concerning policies and procedures and that the Commission be directed to comply with these findings when it is clearly appropriate to its function, as defined, to do so, and when it is to the interests of those whose rights the Commission protects. 6) That the Civil Service Commission set up a guide for all officers showing the Commission's requirements for an officer to fulfill in order to be considered qualified for promotion. �) That all information gathered by the Civil Service Commission for consideration concerning promotional examinations be put into writing and placed in a file in order to be regarded as legitimate. 8) That no member of Police management be present at the oral inter- views for promotion. 9) That upon request the reason for an individual's not being cort;.fied for promotion be given to the individual in writing. 10) That representatives of the Iowa City Police Patrolments Association meet regularly with the Civil Service Commission to exchange ideas and to keep channels of communications open. I MINUTES CIVIL SERVICE COMMISSION November 8, 1976 12:15P.M. CITY MANAGER'S CONFERENCE ROOM "EMBERS PRESENT: Hubbard Nusser Anderson 14EMBERS ABSENT: None STAFF MEMBERS PRESENT: Morgan Higdon RECOMMENDATIONS TO THE CITY COUNCIL None RECOMMENDATIONS TO THE CITY MANAGER AND STAFF 1. To prepare a draft of proposed rules for upcor.ing police promotionals. 2. To prepare recommendations for issues of eligi'Dility and testing as discussed. 3. To prepare a draft of goals and objectives as discussed for submission to the City Council as part of the budget process. RECOMMENDATIONS TO THE CITY ATTORNEY 1. To report on the status of any litigation pending against the Commission and specifically with respect to the lawsuit filed against the promotional examination, 2. To state his opinion whether the Commission must hold an examination for the position of Deputy Chief, and whether the Deputy Chief is a Civil Service rank. SUMMARY OF RELEVANT DISCUSSION Candy Morgan requested the Commission to develop riles for promotional exams so that lists could be certified from among current employees within the department. The Commission raised the questions of pending litigation and recjested a staff recommendation for the rules for examinations. 73/ Civil Service Minu• • Page 2 November 8, 1976 Specific questions that were addressed included the following: 1. Who is eligible within the department to take the examination? 2. What levels of experience in grade, if any, are required before promotion? 3. What types of tests are advisable? Should personality testing be considered? The discussion continued further on the issue of appeals hearings with suggestions for improving the staffing and assistance to the Commission being offered. At 1:15P.M. the Commission adjourned. MINUTES • • CI1111. SERVICE COMMISSION November 13, 1976 8:45 A.M, CITY MANAGER'S CONFERENCE ROU?I MEMBERS PRESENT: Hubbard Nusser Anderson MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Morgan Miller RECOMMENDATIONS TO THr CITY COUNCIL None RECOMMENDATIONS TO THE CITY MANAGER AND STAFF 1. To prepare the two written examinations for applicants to be tested on November 18*. To make further arrange- ments for testing as needed. RECOMMENDATIONS TO THE CITY ATTORNEY None SUMMARY OF RELEVANT DISCUSSION Chief Miller queried the Commission for their reactions to his proposal for development of a "Staff captain" to sub- stitute for the potential new rank of Deputy Chief. Standards for promotion and proposed testing for promotions were discussed. The role of the MMPI in promoticnal exams was discussed as being a screening device as well as pro- viding validation for the entry level test by prcviding a profile of successful officers. The problem of the preference given for veterans in hiring was raised by Rick Kibbee before the Commission. Bill Nusser indicated that he would contact the Fire CIicf on behalf of the Commission to discuss the issue of veteran's preference. The late application of Larry Donohoe was raised and the Commission had no objection to his application. :ie was prevented from making a timely application becaus_ of being out of town on vacation. The Commission voted to adopt the proposed rules :or pro- motionals as amended. Proposed rules for hearings were discussed. 0 Civil Service Minutes Page 2 November 13, 1976 Jane Anderson was delegated the responsibility ;f raking arrangements for carrying out promotional testi-g. Goals and objectives were adopted as proposed b the staff. ;Minutes of previous meeting were approved. At 10:15 A.M. the Commission adjourned. * Examination date has been changed to November 30, 1976. 0 0 IOWA MY CIVIL SERVICE C0zlISSION RULES FOR PR(RTNO\AL EXMIINATION 1101110; DEPAIMMI6Nl' NOVEMBIiR I5, 1976 Authority for rule making: Chapter 400, 1975 Code of Iowa Posit ons for which these rules are created: Police Sergeant Police Captain Deputy Police Chief (or equivalent) Persons eligible for examination for the above oositi.ons: For Sergeant's examination: Police officers with two or more years experience who have graduated from a police academy accredit.od by the State of Iowa or the equivalent. For Captain's examination: Police sergeants with two or more years experience or the equivalent. For Deputy Chief: One or more years experience as a Captain within the Iowa City Policy Department or the equivalent. Time of examination: Examinations will be given by the Commission at regular intervals or on an emergency basis as needed. At least two weeks notice of an examination will be given by the posting of a notice on depart- mental bulletin boards. Criteria on which certification for promotion will be based: Oral Interview 50% (For Deputy Chief or equivalent 70%) The candidate will be asked to describe relevant education and experience and will be asked to respond to a number of hypothetical ques.".ans relating to policy administration as presented by the interview panel. Written Examination 20% (Not for Deputy Chief or its equivalent) The written examination will review both technical areas of police work and knowledge of administrative, management and supervisory principles. t'bri • • Experience, education, job perfonmmce 10$ Previous performance within the Department will be reviewed by the Commission. Length of service will be considored. Written personality testing l00 Candidates will be requested to complete the Minnesota Multi.phaic Personality Inventory. Physical/Medical Examination 10% Candidates will be asked to submit a physical by a City physician unless they can present evidence of having done so within the last twelve months. The percentages attached to the above examinations are general guidelines. Failure of one or more of the above areas of examination may eliminate a candidate from further consideration. The Commission will consider evidence of equivalency as presented by candidates, but reserves the right to require each candidate to submit to each examination. All of the above examinations are pass/fail with the exception of the oral interview. The Commission will meet within thirty (30) days of the completion of all parts of the examination to certify a list of qualified candidates, if such candidates exist within the department. El 0 0 City of Iowa City MEMORANDUM DATE: November 9, 1976 TO: Candy Morgan, Director, Human Beings FROM: Harvey D. Miller, Police Chief Wk_ RE: A Treatise Examining the Hypothesis and Null Hypothesis of Time In Grade as a Requirement for Promotion to the Rank of Deputy Chief, Iowa City, Iowa Police Department Thank you for bringing the one year requirement of time in grade as a Police Captain prior to possible promotion to Deputy Chief to my attention. The position descrip- tion prepared some years ago by Griffenhagen-Kroeger specified the minimum time in grade, in my opinion, not to limit the promotion to as few prospective applicants as possible, but quite probably instituted the require- ment because of a commonly held assumption (and perhaps a valid one) that each promotional step in police departments, as well as other formally structured organ- izations, should be predicated upon the learning and experiences garnered from one or more subordinate steps. The Iowa City Police Department appears to me to be a very traditional organization in purpose and structure. The rank structure is based upon a modified military model. The ranking structure, except for added numbers of personnel in each rank, has remained unchanged for a great number of years. The expected norm is to advance to a higher rank, if the opportunity presents itself, only after a specified amount of time in grade at the rank next subordinate to the sought after position. While I have challenged, sometimes successfully, the very traditional pattern of structure and operation of the Department as I perceived them upon becoming Chief, I am unwilling to face the storm of protest and possible legal challenge that would quite likely arise if the time in grade tradition is set aside in this case. I sincerely believe it is important to focus upon the structure, role, and purpose of the Department as a mechanism to meet the requirements of public safety in the community than to engage in Departmental in -fighting and possible civil litigation at this time. Personally, I would rather test and select those officers for promotion from the best qualified candidates regard- less of rank or status within the organization. However,, 0 0 it seems to me, that to engage in open selection for the rank in question is to offer strong support to the challenge that would inevitably arise --opening all promotional possibilities to all applicants regardless of subordinate ranking in the organization. Obviously while there are many worthwhile and reasonable arguments that can be raised in support of open promotions, I respectfully suggest that the long term costs of such a decision that would abraid old wounds in the Department and create the potential for civil litigation are more than I am, and I trust the Civil Service Commission is willing to pay at this point in time. Perhaps this dissertation does not precisely document specific reasons for not abandoning time in grade for promotion. However, it does address my personal and perhaps selfish feeling that this is not the time to warm up the potential for Departmental trouble and the usual public strife that seems to accompany internal dissension in the Iowa City Police Department. If I can offer anything more on this issue, please advise me. I would be most happy to comply. 0 0 0: 1 4.0 N Iti� s DATE: NOVenber 9, 1976 TO: Candy Morgan, Human Relations Dir. FROM: Tony Kushnir, Asst. City Attorney RE: Assistant Fire Chief and Civil Service FACTS Presently there is no position entitled Assistant Police Chief in the City of Iowa City, Iowa. Consideration is being given in establishing such a position. ISSUES PRESENTED Whether an assistant chief of police is exempt from the Civil Service provisions, Chapter 400 of the Code of Iowa. CONCLUSIONS The assistant chief of police is subject to the provision of Chapter 400 of the Code of Iowa. DISCUSSION Section 400.6 of the Code of Iowa, 1975 sets forth the applica- bility of the provisions of Chapter 400 to the various officers and employees of state and local governments. In general it applies the provisions of Chapter 400 to all officers or employees except those specifically listed. The statute on its face is clear and unambiguous, unless a job title is listed as exempted from the provisions of the Chapter, it shall be subject to civil service. If there was room for any statutory construction it seems that the maxim "expressio unius est exclusio alterius'' would apply. Under this maxim, if a statute specifies one exception to a general rule other exceptions or effects are excluded. This maxim was adopted by the Iowa supreme Court in North Iowa Steel Staley, 112 N.W.2d 364 (1961) in dealing with the statutory construction of statutes. This principle was illustrated in the case of Dennis v. Bennett et, 140 N.W,2d 123 (1966) wherein the Iowa Supreme -court ne at a position of fire chief is subject to the provisions of Chapter 400 as it is not listed as an exemption. Chapter 400,6 does exempt assistant police chiefs but only in departments numbering more than 250 members. By this reference it does not exempt assistant police chiefsfrom the provisions of Chapter 400 where departments are smaller.. Consequently it is my opinion that if such a position is established, it is subject to Civil Service rights and obligations. It is also worth noting that Chapter 400 has language as to how to interpret the provisions therein. Chapter 400.30 states that the provisions of the Chapter are to be strictly carried out by each person or body having powers or duties thereunder. This language seems to sta-e that the provisions are to be interpreted strictly and narrowly and not permit broad interpreta- tions or variations of the Chapter. Such variations may be interpreted as being inconsistent with the provisions of Chapter 400 and thus invalid. If you have any questions concerning this topic please don't hesitate to contact me. 0 MI NUrm CIVIL SERVICE COMMISSICN CITY MANAGER'S ODNFI7U-NCs RCCM 1:00 P.M. MARCH 1, 1977 N ABERS PRESENT: Anderson Hubbard Nusser STAFF PRESENT: Ragland Stock REC(AMOATICNS To THE CITY ODUNCIL The Ommission recommends that the Council accept the certified list for Sergeants. The eight (8) names are listed in the order of their standing. The list is attached. No Captains list will be certified by the Commission because it was felt there was no qualified candidate at this time. A statement to this effect is attached. REOMMATIONS 70 THE STAFF AND CITY MANAGER None. PENDING ITEMS None. SUMMARY OF RELEVANT DISCUSSICN On November 15, 1976 the Commission established the following criteria on which certification for promotion would be based. Oral Interview 50% Written Examination 20% Experience, education, job performance 10% Written personality testing 10% Physical/Medical Examination 1070 (Given at time of appointment) Failure of one or more of the above areas of examination may eliminate a candidate from further consideration. I On November 30, 1976 the written examination and personality tests were administered. The exams were given in Room 'Ti" of the City Recreation Center. No cut off for the written examination was established. However, there were scores below an acceptance level. Each candidate was told his score during the oral interview. Candidates who had questions concerning the lx•rstrnality Lest wore referred to Jake Sint-,, the psycholoigist who graded there. on Fobruary 22, 1977 oral interviews for Captain were held. As a result of the: interviews, written examinations, personality test, experience, educatJon and job performance, no candidate was viewed as qualified for promotion to Captain at this time. On February 22, 25 and March I, 1977 oral interviews for Sergeant were held. Dared on the established criteria, the following eight (8) names, in order of their standing, were selected for the certified list for Sergeant: James Hazlett Allan Young Victor Clime Joseph Fowler Craig Lihs William Cook Leo Eastwood William Kidwell The Commission will reconvene on March 15, 1977 to administer the entry level examinations. Prepared by Linda Ragland. 0 • 0IVi0 C4101FWA WASHINGTONST IOWA CIM IOWA 24 319-JU IM March 2, 1977 TO: THE HONORABLE MAYOR AND CITY COUNCIL RF.: CIVIL SERVICE PROMOTIONAL EXAMINATION -CAPTAIN We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do not certify any person for the position of Captain in the Iowa City Police Department as a result of ex- aminations given November 30, 1976 and interviews conducted February 22, 1977. IOWA CITY CIVIL SERVICE COMMISSION Wi113.am G. usser wynyiona itunnaF L a t an ncerson Ja 0 0 ��//� �//�/�• ;IVIC CENTER 410 F WAS INO ION SI IOWA CM.IOWA U240 jU ~ K#I' ]IB3StI0 777 March 2, 1977 TO: THE HONORABLE MAYOR AND THE CITY COUNCIL RE: CIVIL SERVICE PROMOTIONAL EXAMINATION - SERGEANT We, the undersigned members of the Civil Service O miission of Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Sergeant in the Iowa City Police Department as a result of examinations given November 30, 1976 and interveiws conducted February 22, 25, and March 1, 1977. James Hazlett Allan Young Victor Clime Joseph Fowler Craig Lihs William Cook Leo Eastwood William Kidwell IOWA CITY CIVIL SERVICE COMMISSION William G. Nusser }lubbard J06 Anderson i ATTEST: Abbie Stolfus, City ylerk CIVIL SERVICE COMMISSION MINUTES March 29, 1977, 1:00 P.M. Engineering Conference Room MEMBERS PRESENT: A:.derson Hubbard Nusser STAFF PRESENT: Higdon June Higdon gave each of the commission members the new municipal directory. The Commission meeting with the City Council is scheduled for 2:45-3:15 P.M. on Monday, April 4. Hubbard cannot attend, Nusser can attend, and Anderson felt she could probably attend. Twenty-two applicants for police officer were selected for oral interviews. Interviews will be scheduled from 9:00 A.M. to 12:00, and 1:00 P.M. to 5:00 P.M. on Tuesday, April 5, 1977, in the Engineering Conference Room at the Civic Center. June Higdon will schedule interviews and provide the Police Department information to do the background checks. Meeting adjourned Prepared by June Higdon 73/ .:I MEMORANDUM April 4, 1977 To: City Council From: Bob Welsh Re: Cemetary Rules and Regulations It is my understanding that the Administration is prepared to make changes in their recommendation to you, 1 . In the section on interrments to change the word "twin" to "two" children interred at the same time. . 2. A provision in the public lots section indicating when the graves would not be dug in sequence. The concern here is for spouses and siblings, the relative with whom there is a close relationship. 3. In relation to public lots, it is my understanding that the section: not less than fifty percent (50%) will be changed to not less than one-third (33 1/3%). This represents a more equitable division of available funds. Even this division requires a subsidy by the mortician. For your information, St. Joseph provides free lots and interrment when- ever one of the priests deems it appropriate. 4. In the interrment section, to change the section relating to the times of internment. That which was proposed is completely unworkable. The Religious Leaders Association in October, 1976, suggested no interrments after 4:30. I understand that the Administration will recommend to you that this section read "whenever possible there shall be no lnterrment after 3:30. " Death Is not something that we can schedule. It is important to have the burial as soon as possible for the convenience of the family. The usual time for afternoon services is 1:30 or 3:30. Often, the services are essential from the same mortuary on a given day. It is possible that the cemetery will need to provide service to 3 or more families. How- ever, since the city has about 100 services a year, this would not hap- pen often. Whatever wording you adopt should recognize the service nature of the cemetery. It is far more like the fire department than the recreation center. It is important that lots be located, in the winter, that warmers be placed on the lot, etc., when death occurs. 7321 One word• that you might wish to consider "Any lnterrment Monday through Friday w; ich requires staff services after 9:30 shall be charged the Saturday rates. The usual practice shall be for commltal services to :.e concl uded so that a grave can be filled by 9:30." It is my understanding that the Administration is not prepared to make changes to you in the schedule of fees and charges. This is unfortunate, since the information on which they based their recommendation is wrong. The philosophy of the Administration is that the city should charge rates comparable to that of the private cemeteries. I do not agree with this philosophy; by its nature the city should provide an alternative. The city should provide an economic and dignified way of caring for the dead, not only in respect to the person, but for the purposes of health. The recommendation of the Administration has been raised in many cases significantly since their earlier draft of September, 1976. The administration was of the opinion, based on their source of informa- tion that the lots in St. Joseph were $200 and $300 and that there were only a few $1.00 Jots left. In realixy, there are only a few $300 lots left, right in frcnt of the chapel, All of their lots are $200. With the eAception noted, there is not a more desirable lot in St. Joseph's. (At Memory Gar- dens, the lots ccst $250 and $300.) At St. Joseph, the cost of lnterrment is $100. The recommendation is that at Oaklawn it be raised from $60 to $125. Let me suggest that If the fee schedule is increased that you consider; adult interrment for $100, on Saturday $120 and that the price of lots, which are now basically $90 and $110, be increased to no more than $180 and $200. Let me point out to you that the budget which you adopted does not reflect any increased income. In fact the budget you adopted provides for or at least allows for a decrease in income from the sale of property and from interrments. In 1976, you had income from the sale of property of $6,260. Your budget is based on anticipated receipts of $9,500. The amount received from interrments in 1976 was $2,885; your budget is based on anticipated receipts of $2,500. An additional item of information. The budget which you adopted does not reflect income from the "perpetual care" fund. By Iowa Code 566. 15, the interest from this fund can only be used for the cemetary operation. Let me also suggest that this fund be invested in a manner to produce maximum income which is not the case based on the information that I have at this time. In brief, the budget which you adopted does not require you to raise the cemetary rates and there should be available for cemetary operations the interest from the perpetual care fund of $79,675. ■ HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYCK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 52240 April 1, 1977 AREA COOK 119 337.9606 The Honorable Mayor and APR4 1977 0 City Council of Iowa City ABBIE STOLFUS Civic Center MY CLERK Iowa City, Iowa 52240 Re: Court Hill - Scott Boulevard Addition Part Five Mayor and Council Members: At your last meeting you requested a report from me concerning the legality of using some type of contractual arrangement between the City of Iowa City and the developer of the proposed subdivision to solve the sewer capacity problems that exist there. The proposed zoning changes requested by the developer in connection with this subdivision will have the effect, as I understand it, of permitting approximately 40 to 50 additional dwelling units to be built over and above the number that would be permitted if the property were developed in accordance with the present zoning. There is concern on the part of members of the Council that the sewer system may become overtaxed as a result of development of land in the area. One suggestion to deal with the sewer capacity problem that has been advanced is to use an agreement between the developer and the City to the effect that once the sewer capacity is reached no further development would take place. Although such an agreement appears attractive I believe that there are problems with its use. An agreement of the sort proposed may not be enforceable. As you know, the courts in several states have voided contracts or agree- ments that vary the terms of the zoning ordinance as illegal "contract zoning". The Iowa Supreme Court has not handed down a definitive ruling on contract zoning. Thus it would be impossible to predict exactly what the Iowa Court would do if a subsequent owner of the land challenged the agreement on this basis. I believe that at the present time the chances are about 50-50 as to whether or not the Iowa courts would uphold such an agreement. Compare State ex rel. Zupancic v. Schi.menz, 174 N. W. 2d 533 (1970, Wis. ) with Bucholz v. City of Omaha, 120 N. W. 2d 270 (1963, Nebr. ). Also see Rathkopf, The Law of Zonin -733;1 9 r The Honorable Mayor and City Council of Iowa City - 2 - April 1, 1977 and Planning, 3rd Ed., Vol. 3, Ch. 74-9, Deed Covenants and Restrictions -- Effect of Zoning Ordinance. It may be that there are other solutions to the problem of the sewer capacity of this area. That is a matter for the Public Works Department and Community Development Department to advise you about. However, from a legal standpoint the use of a contract in connection with a zoning change is, in my opinion, very risky. Respectfully submitted `' V oh W. Hayek JWH:vb:1 cc: Dennis Kraft Neal Berlin Planning & Zoning Commission Bruce Glasgow Edward Lucas J i Respectfully submitted `' V oh W. Hayek