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HomeMy WebLinkAbout1977-05-17 Info PacketDATE: May 13, 1977 TO: City Council FROM: City Manager RE: State Legislature Enclosed is an article concerning Senate action yesterday on property tax assessments. I discussed this with Bob Josten today and it is important that members of the House be contacted, including Lowell Norland, Chairman of the Ways and Means Committee. The arguments should be: 1. Full credit should be given for new construction 2. Equity in property tax results from equalization. What happens when you begin to move away from equity? 3. Action is being taken without knowledge of the consequences, both short and long—term. 4. The impact upon the business and industrial climate in Iowa could be adverse because of the shift of the tax burden. 5. Apartment dwellers probably will be adversely affected. Rents in Iowa City could increase significantly with a shift in the property tax burden. /01J2 SEEM S TA Two-year trial i for property as, ea lleDt. By JII1RY J. SZUMSKI =C- The.Iowa Senate Thursday. night approved a two-year.plan.b bane' farm.property values solely on farm;, income and to drop market value a: an assessment factor onlarms. . ' The complex billpassed, 40•to�., and was sent back to the House „ In addition to axperbnmtio9 with. earning capaci — the socalied 100% per teat productivity method — lo- farm aaessmenta the In would puF a two-year limit of 7.6 per cent per' year on increases in the tax vetoes Of- i homes and farms. " Both backers and foes of the bp`* agreed that taxes would soar with that ceiling. Wait Until 1979 The Senate deglded tr permanent tax changes until then, total taxation in Iowa undergone a $200,000 study, Des Moines Democn Palmer opposed the floe' saying tura! forces had o super snow job.' Another no vole wa Newlna Democrat Images it said the plan will baffle taq and unfairly benefit asritullure The bill, a bipartisan package... is similar to Gov. Robert D. iby ., latest proposal..contaha these attar key elements: ..t ...' :. e Il makes permanent ft pr owd state commitment to pay a sow share of the property tax bills of homeowners and farmers by conttn* Ing payment of tax so the tint $4.500 of a home's value (total present sod: 386 million ■ jar) and tteeping agtiadumd laud to credits 0 $0 million. *It provides for swpeadbq Its present phaseout of the personal property lax and supplying $42.7 million from etas funds to cover all I the revenue local saveromenis aw ' iviiag because of to phaaael , to , date. .. �s It eases: demand - on the state ftsury by splitting agricultural land it payments 111110 two .install- ments - .. s It allows the State Appeal Board to nit local tax levy limits for cities and counties that can't ralserthe money they need because of budget curbs and the proposed 7.5 per cent' Writ on property value growth. • •4 • It freezes the capitalization rate used in setting farm tax values at thel current 7 per cent. The rate, now subject to change each year by a stale board, has fluctuated. Dramatic Argument Thursday's dramatic argument on taxes opened with 28 senators spon- soring a plan for a permanent shift to IN per cent productivity In farm va- luations, which traditionally have been figured half on productivity and half on market price of land. But urban tortes, led by Dem- ocratic Floor leader George Kinley and Republican Philip Hill, both of Des Moines, argued successfully for a, two-vear trial atar�.wumrd v, Red •Osk .au •nogor Shaft of Camenche also argued that even a permanent plan could be changed' later, U neresary. Urban senators said they are leery of making the new farm tax system permanent because if farm land selling prices sad housing prier maintain their upward spiral, property tamation could shift drasti• sally from farms to homes. Kinley said he supported a plan to baa form assessments entirely on prodwtivity wi at trial bash, West Year not that featuft at a prwwrty tea bill was vetoed by the governor. Kinley said he opposed permanent activity assessments because of edictable long-range effects on z distribution of tax burdens among various types of property. Hill Reluctant Hill said he never before supported 100 per cent productivity, but would now — reluctantly. "But you shouldn't lock it in forever;" be said. The Senate's chief tax- writer, Democrat Norman Rodgers of Adel. was among the 28 senators who origi- nally favored permanent productivity assessments. But Kinley asked. Rodgers to verify a contention than legislators lack convincing evidence• for any permanent property tax' revision. ....? .t "Senator, I guess that's a reals difficult question," replied Rodgers. "I guess, when you put it that way; it'ss real difficult to say one way; or.t another whether I have seen any reals substantial evidence." The two-yeae'Wnil on farm and, home valuation growth also was part, .of the Kinley-Hill amendment. , Some senators said local assessors,' now revaluing property throughout; Iowa, confirm hints by the governor' and legislative tax writers that farm! :and home values are going to soar• higher than ever. One senator said farm land prices have risen 95 per' cent in the past two years. The Senate bill amends a House-= passed measure that would merely' maintain state tax credits paid to farm and home owners at current levels.4. : q Both Senate and House versions provide for temporary suspension of, personal property tax phaseout but i the House wanted a two-year breather. . _ j. - The . The roil call vote on Ire KinleyHiB amendment Those voting yes (24): DEMOCRATS rut C.rr M 0.1m.11 Doane of 14.4 ern, 0.0a a J., GI a ftbA.6, 1M of r�ewlul. X. M Dun M . M 0 M.Y 1 Nwnno a ftl r , a1 of wwd.. P.,da of on ra M.IM.. aradaw a C.d.r No".. e.,wm M C.u.r nd', Eoa.n1 N Asa, 11 N M Codw a.pid,. W W a cow d a.eu, woos M On Moms AM,f/aN r D.rod. M a , MannM G r .d.r MYM N C..b. tmes A N GI , K0 d 1111x1 M ❑h, Mayr A, a.r,M.w YrSMM, tM,. M Dr,.naea, Those voting no (29): i.rr .1 (N,Mrr, g111ldMH M rrvlNAr [ar1.1. m, w A4,^rrM. Mi+Id W nM/r. AY.a d /�. h.rr, w AnNra. hW� M roma+lel. 6 *City of Iowa CHO MEMORANDUM DATE: May 10, 1977 TO: City Council FROM: City Managerf�/' I RE' Letters on Consent Calendar It has been the practice to send the Council copies of replies to every letter which appears on the Consent Calendar. This generates a great deal of paper work. Rather than send each letter to the Council in the packet, the Manager recommends that, unless the Council deems otherwise, replies to letters which appear on the agenda be placed in the Council's reading file here in the office for review by the Council. /G RETAKE OF PRECEDING DOCUME141 ►J SENATE, OKs • .� s INCOME- AS TAX BASIS": Two-year trial for property assessment - By ? By JERRY J. smMsia. R"~ SUN W,M - .. The.Iowa Senate Th Y. nlgkt.: approved a two•year.plan b baae;.i farm.propert values solely on farm;, income and to drop market value 0: an assessment factor onlarms •. The complex billpassed. 10'.6 and was sent back to the Hotue. In addition to experimenting with.- earning ith-earning capacity — the so-called 100, per cent productivity metlxod — la ; farm assessments, the bill would put a two-year limit of 7.5 per cent per, year on Increases to the tax values of- i homes and fares. '- Both backers and foes of the bili:' agreed that taxes would soar witbout_.1 that ceiling. =;•+ Walt Until 1979 =:'•t The Senate decided to delaT: permanent tax changes until 1979. BY, then, total taxation in Iowa will have•> undergone ;200,000 study. Des Moines Democrat - William Palmer opposed the final package, saying rural forces had achieved "a - super snow job." o • Another no vote was cast by Newton Democrat Eugene HHI, wto said the plan will baffle•tazpayea and unfairly benefit agriculture. .•r. T'he bill, a bipartisan package that is eimllar to Gov. -Robert V. Ilya latest propaa4.contains then oUw key elements: e It makes permanent the present state commitment to pay a goal share of the property tax bills of homeownm and farmers by contlsu- Ing payment of tat on the first $4,500 of a be me's value (total present cast: gee million a year) and keeping agricultural load tax credits at 342 million. " *It provide for suspending the present phaseout of the personal property tax and supplying 513,7 million from tiara funds to a'avar all I Do revenue local governments to ' Iweing because of the phawjut to date. *It eases•, demand . oo the stale Wury by splitting agricultural land It payments •Into two lnslall- menls. - .•. e It allows. the State Appeal Board to Wt local tax levy limits for cities and counties that can't ralselthe money they need because of budge curbs and the proposed 7.5 per cent' limit on property value growth. - -7 a It freezes the capitalization rate, used in setting farm tax values at thei current 7 per cent. The rate, now I subject to change each year by a staled board, has fluctuated. Dramatic Argument Thursday's dramatic argument on taxes opened with 28 senators spon- soring a plan for a permanent shift to 100 per cent productivity in farm va- luations, which traditionally have been figured half on productivity and half on market price of land But urban forces, ledby Dem- ocratic Floor Leader George Kinley and Republican Philip Hill, both of Des Moines, argued successfully for a two-year trial. _ .. 1. The Kinley-Hill amendment passed, 21 to 23, with three senators absent — Democrats James Calhoon of Sioux City and C. Joseph Coleman of Clare and Republican Warren Curtis of Cherokee. - Republican leaders and some Democrats argued against the Fin- ley -Hill trial, contending that 100 per cent productivity could be changed two years from now without putting It. on a trial basis... - .. Algona Democrat •Berl Priebe said eliminating the trial period could) spare the legislature another round) of arguments over property taxes in 1979 H the switch to productivity as-� sessments proved satisfactory. Het said the Kinley-HIB plan would forret another tax fight in two year" Tax Shift Feared Republicans Calvin Hultman of Red Oak and Roger Shaft oil Comanche also argued that even a permanent plan could be changed later, H necessary. Urban senators said they are leery' of making the new farm tax system permanent because If farm land selling prices and housing prices' maintain 'their upward spiral, property taxation could shift drub - pally from farms to homes. Kinley said he supported a plan to base farm assessments entImly on prodnelivity on a trial basis last year. but. that feature of a property tax bill was vetoed by the governor. Kinley said he opposed permanent activity assessments because of ed)etable long-range effects on e distribution of tax burdens among various types of property. Hill Reluctant Hill said he never before supported 100 per cent productivity, but would now — reluctantly. "But you shouldn't lock it in forever," he said. The Senate's chief tax writer, Democrat Norman Rodgers of Adel. was among the 28 senators who origi- nally favored permanent productivity assessments. But Kinley asked. Rodgers to verify a contention that• legislators lack convincing evidence - for any permanent properly tax' revision. "Senator, I guess that's a -real difficult question," replied Rodgers. ,"1 guess, when you put it that way, it'ss real difficult to say one way; or., another whether I have seen any real: substantial evidence," l The two -year -.limit on farm and; home valuation growth also was part. of the Kinley-Hill amendment.. .. Some senators said local assessors,' now revaluing property throughout` -Iowa, confirm hints by the governor' 'and legislative tax writers that farm' and home values are going to soar` higher than ever. One senator said farm land prices have risen 95 per' cent in the past two years. The Senate bill amends a House-- .passed ouse--.passed measure that would merely' maintain stale tax credits paid to farm and home owners at current levels. Both Senate and House versions provide for temporary suspension of personal property tax phaseout, but, the House wanted a two-year breather. The roll call vote on the Kinley-11111 umendmenk ' Those voting yes (24): V C rwm � m. KM a &+ rave#e , Those voting no (23): .row. s.a, a .taao.eM. �J . AbsrntorcofvotinglS):rrga�avP'.:�:, "tnew�ocRantu :'. [ebnan Cstb la additloo fo Falmer Q maw Hill, the smators.wbo voted agalaat the measure in the final roll call were Democrats Minnette Doderer of Iowa . City, Fred Nolting of Waterlooaod Tom. Slater of -Council Bluffs, and Flo- publicans Forrest Ashcrafl, and Elirsbeth Shawboth of Davenport 0 *City of Iowa Cit* MEMORANDUM DATE: May 10, 1977 To: City Council FROM: City Manager' I RE' Letters on Consent Calendar It has been the practice to send the Council copies of replies to ever, letter which appears on the Consent Calendar. This generates a great deal of paper work. Rather than send each letter to the Council in the packet, the Manager recommends that, unless the Council deems otherwise, replies to letters which appear on the agenda be placed in the Council's reading file here in the office for review by the Council. /O &ity of Iowa City MEMORANDUM DATE: May 12, 1977 TO: City Council WVFROM: Neal Berlin, City Manager RE: Urban Renewal Street Closures I. Background The City Council has requested consideration of the implementation of certain experimental street closures at this time in order to assess the consequences of the closures. The request for the experimental closure came as a result of input at the public hearing on the Amendments to the Urban Renewal Plan, held an May 10, 1977. It was specifically within the context of the closure of College and Dubuque Streets, that the request for experimentation was made. II. Conclusion It is recommended that: 1. Street closures for experimental purposes not be undertaken. 2. The question of transit vehicles on Dubuque Street be resolved as soon as possible. 3. Permanent closures of Dubuque and College Streets be made as soon as possible. III. Analysis A street closure pattern for downtown Iowa City has been under consideration since 1969. As set forth in the Staff Report of December 8, 1976, the closure pattern has undergone two specific technical reviews (Micro Analysis of Eastside Central Area Traffic, DeLeuw, Cather and Company, dated June 28, 1974, and Street Closure Analysis: Combined City -University Plan, Technical Report No. 23, Institute of Urban and Regional Research, dated February, 1974). The traffic flows within downtown Iowa City are also addressed in the Area Transportation Study. Considerable additional consideration was given the street closure pattern by the City staff between August and December, 1976, while preparing the Staff Report dated December 8. As set forth in the previous Staff Report on the subject, the best technical evidence available to the staff at this t ime clearly leads to the conclufiot thet the street closure pattern as set forth in Resolution 76-442, passed and approved by the City Council on December 14, 1976, is a workable traffic pattern. The desirable options open to the City are limited. The City Attorney has formally given the Council his opinion, that the City has an o4,llFation in close the portion of Dubuque Street in question. Additionally, because a /Ovs 0 0 City Council May 12, 1977 Page 2 system of limited streets, and closed streets, was a key feature in the plan which was subjected to environmental review, any marked departure which would alter the goals set forth in the Environmental Impact Statement, would at least require the amendment of the existing Environmental Impact Statement. As shown on page 59 of the Environmental Impact Statement for Project Iowa R-14, one of the primary goals of the project which would result in environ- mental improvement, comes from the diversion of through traffic around the Central Business District. Should Dubuque Street carry through traffic, this major goal would be sacrificed, and an amendment to the EIS would be required. Experimentation at this time will delay unnecessarily a decision relating to the status of Dubuque Street, and will provide almost no useable, reliable information relating to the long -run impact of the street closure system for the following reasons: A. Any traffic counts taken at this time will not be reliable because the University will be out of session until the first week in June. Accordingly, a major source of traffic generation will not be present. Even after the time the University convenes for summer school, student enrollment will be greatly decreased during the summer session. The impact of future traffic generation caused by development cannot be measured at this time. The specific closure of streets is only a portion of the overall traffic management system, and changes in signalization and signage will not have occurred. B. The existing location of major parking facilities off of Washington Street distorts the destinations of major traffic flows. The ability of the arterial system to handle these major flows will not be measured because the parking lots feed off of streets other than those intended to feed parking in the future. The ability of the arterial system to carry traffic depends on a high degree on the signage and signalization. Plows to and from parking, and to and from key points such as river crossings require signage and signalization. C. The interpretation of information obtained during any short-term experiment will be extremely difficult. The impact of the closure of any specific street segment cannot be measured in the absence of the other modifications to the traffic management system which are part of the overall plan. It will not be possible to isolate the effects of the street closure from the effects of signs, signals, and other factors. Some limited observable information may be gained as soon as the closure of College and Dubuque Streets is put into effect. The flow of vel.icles through the alley between Washington and College Streets can be observed further, and some insight can be gained into the proper handling of service vehicles. The handling of deliveries to the businesses on College Street, without alley access, might be improved by observing the results of such a closure. Beyond this limited nbservntinn, very little useable information can be obtained. City Council May 12, 1977 Page 3 IV. Impact on Urban Renewal Marketing Program The timely continuation of progress made with the Urban Renewal since May, 1976, requires that the issue be resolved as soon as possible. It is necessary that the plan be amended to its final form and the disposition documents be prepared and issued without delay. Because Urban Renewal is a cooperative public, private venture, it is important to prospective developers that the City set forth a definite plan of action and certain definite public committments. The opportunity for attracting significant private investment in downtown Iowa City will be reduced if the City is unable to resolve the status of the streets, and set forth a City policy for redevelopment in an unambiguous, confident manner. It is absurd to expect any private developer to assume risk and make major investments as part of an overall public, private venture unless the developer can rely on the intentions of the public body. For these reasons it is impossible to market land for redevelopment prior to resolving the issues and deciding in a finite manner the street closure question. It is the opinion of the City staff and the consultants retained by the City to provide assistance, that the Urban Renewal plan and the marketing program are sound. While there is always a degree of uncertainty in any long-range program, the best evidence available at this time clearly indicates the soundness of the Urban Renewal program. While the staff clearly recognizes that problems will arise, the available evidence indicates that the problems are manageable and the existing plan minimizes such problems. It is recommended that the closure of College Street and the closure of Dubuque Street be completed as soon as possible. This will allow the staff to observe the operation of commercial vehicles in the alley and near the intersection of Clinton and College Streets in order to best incorporate the provisions for these vehicles in the design of the College and Dubuque Street Mall. It will also allow some monitoring of the signalization system. In any event, within 6-8 weeks, College and Dubuque Streets will be totally closed due to the construction of the subsurface improvements. NB/saw ScIty of Iowa Cite MEMORANDUM DATE, May 12, 1977 TO: City Council FROM: City Manager RE: Transportation for Elderly and Handicapped Enclosed are proposals provided by Johnson County and Ralph Oxford. These will be scheduled for informal discussion at an early date. Also provided is the plan prepared by Johnson County Regional Planning Commission. IM • May 11 1977 The Cab Companies 1222 S. Gilbert Ct. Iowa City, Ia. 52210 City of Iowa City Civic Center Iowa City, Ia. Att: Neal Berlin. Dear Ar. Berlin, In response to your letter of May 2, 1977. :Je will supply the manpower to operate the s- rvice to operate the program. This is outlined on a approximately 2h hour delayed service in the manner that is outlined. Calls to place orders will be 7 days a week from 9:30 A.M. to 12:00 A.M. and from 1:00 P.M. to 3:30 P.M. flours of service for vehicle: Monday - 8:30 A.M. to WO P.M. Fri. - 8:30 A.M to 9t00 P.M. Tues. -88:30 A.N., to 4500 P.M. Sat. - 8:30 A.M. to 3:00 P.M. Wed. - 8:30 A.M. to 5:00 P.M. Sun. - 600 A.M. to 3100 P.M. Thurs. - 8:30 A.M. to 9100 P.M. __--- 10.00 Apnroximately 677 hours per week. Cost to supply $12.85 per hr. a 677 •-------------- $867.37 per week. Breakdrnm f Manacement -----S100.00 671 bra. -Driver 03.50 ----- 236.25 35 hrs. -Dispatching 43.100 ----- 105.00 Tax Contribution & Unemployment - Approx. 10% ----- 115.00 Phone ----- 7.50 Office ---» 12.50 Bookkeeping ----- 35.00 Garage __--- 10.00 Vehicle - 1000 miles per week G.28s -- 280.00 sub total--- 1. Profit ---- 36.12 �W77*37 = S/ D 3. L �� �� E A 2 Figuring anprox. 1000 miles per week or 185 gallons of gasoline @ .53¢ per gallon. The gas price will be adjusted accordingly, if gasoline prices go im or down, or if the mileage of the vehicle varys from the 5.5 mile factor that I have based this estimate on..IlThese figures or whole contract' to be revised after_months of operation ora P option oeither Insurance to be furnished on a cost basis or can be furnished by the City. Sincerely, fr' / Ralph L. Oxford, owner RLO/cmw 0 City of Iowa City Civic Center Iowa City, Iowa 52240 Att: Neal Berlin. Dear Mr. Berlin, 11 May 11 1977 The Cab Companies 1222 S. Gilbert Ct. Iowa City, Iowa 52240 In response to your letter of Hay 2, 1977. We will provide cab service on emergency basis other than the hours of the special service vehicle. The cost would be $1.25 for the first mile and .45¢ for each additional J mile. We have demonstrated that to do it by taxi was about 1/3 of the cost of a special vehicle but this has or was lost in the last council, and no one of the carry over members wanted to pick it up, and proceed with it to any degree of pursuit. The drivers and Companies put forth a lot of effort to demonstrate the cost and the possible use of the service. I understand that our project was somewhat limited but it told us as citizens, that we put forth an effort that was not vauable enough or worthy enough for consideration to the people we were striving to help, Our Senior Citizens and City Leaders. Sincerely, ' The Cab Companies Ralph L. Cxford & drivers. RLDJcmw AGREEMENT 1:0R TRANSIT SERVICES I� PAAI ']'his agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the City of Iowa City wishes to provide its residents with elderly and handicapped transit services; and Whereas, Johnson County, pursuant to its general powers, has in operation an elderly and handicapped transit service for the unincorporated portions of Johnson County, Iowa; and Whereas, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The term of this agreement shall commence July 1, 1977, and continue for one year through and including June 30, 1978. 2. Johnson County will administer the program by extending its S.E.A.T.S. elderly and handicapped transit servire into the rorporate limits of the City of Iowa City. 3. Johnson County agrees that operation of the program will be in full conformity with any and all rules and 0 0 2 regulations established by the Iowa Department of Transportation for such elderly and handicapped transit service programs. 4. The parties agree that the following service provisions shall apply: A. The County shall have available the equivalent of one vehicle within the Iowa City corporate limits for approximately 67 hours per week; B. The County shall make service available 7 days per week; C. The County shall charge and retain to defray operating costs a SO¢ one-way fare; D. The service shall be subject, in all other respects, to operating policies and procedures as may from time to time be established by the Johnson County Board of Supervisors. S. All management and administration will be vested with the Johnson County Board of Supervisors and the Board shall see to the payment of all costs incurred as a result of this program. 6. In consideration of the County's agreement to provide elderly and handicapped transit service as herein provided, the City of Iowa City agrees to pay to .Johnson County the sum of $33,392.66 for the one year period covered by is c:. i- i.:r ows ii:\ p:'l OJ t0 770'iiCe. .:0'ASon lOiln:\' l.ii:: i.,. 1'e11ii :� .O1 :atilt' ::�r el_de*ir an cica ped ..,.asi_ se7vices. 7; n lcle saaI Iowa Cat\'.=.CCL`i5:i?or. Of :he ..3 JI'C Saiz eh1i 1C City of Iowa City shall he sCiO':pll ei 0111\' t011ewiilt approval by Johnsen County of :he vehicle to be so provided, which approval sh;:ll not he unreasonably withheld. 7. It is further understood and zigreed that the vehicle to be provided by Iowa City will become part of one operating system and that the vehicle so provided and owned by the City of Iowa City will, at the county's discretion, also be utilised for elderly :Ind handicapped transit services in other parts of Johnson county as part of an integrated and fully coordinated county-wide service. 8. The City of Iowa City agrees to defend, indemnify and hold harmless Johnson County, Iowa, and its offic'e`rs, employees and agents from any and all liability for all demands, claims, suits, actions or causes of action in any way arising out of the performance of this agreement, or related thereto. 9. This agreement is renewable for further one year terms provided the City of Iowa City loll, at least !)I) • • a clays prior to the expiration of the current year, provided Johnson County with notice of its desire to renew the agreement and further provided that .Johnson County has not, more than 90 days prior to expiration of the current term, notified the City of Iowa City that it does not wish said agreement to be renewed. In the event of renewal, this contract will remain in full force and effect as to all terms hereof except for the amount of financial consideration to be paid hereunder. The financial consideration for any renewal term shall be subject to negotiation by and between the parties which negotiation must be concluded not less than 90 days before .July 1 of each and every year hereafter. 10. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of .Johnson County, Iowa. Dated this day of CITY OF IOWA CITY, IOWA BY: Mary NeuFiauser Mayor Attest: , 1977. JOHNSON COUNTY, IOWA BY: I.o rnda li Cil e c Chairman Board of Supervisors Attest: -- — - —�— ('ounty Kid Ttor • •J� 2 P C 2ev N�ti� � 1 PROPOSAL FOR IOWA CITY-Coralville Elderly AND HANDICAPPED TRANSPORTATION SERVICE In order to serve the special transportation needs of the elderly and handicapped residents of the Iowa City-Coralville area, the Iowa City and Coralville Councils have voted to allocate funds to provide for capital and operating expenses to initiate a spe- cialized transportation system in the metropolitan area. The development of this proposed specialized transportation program has been guided by the Subcommittee on Specialized Trans- portation Services for the Elderly and Handicapped of the Johnson County Regional Planning Commission. In addition to developing a coordinated approach to specialized, transportation on the public level the Subcommittee has filed a final application with the Office of Human Development (OHD) of the Department of Health, Education and Welfare to coordinate the existing and proposed public and social service agency systems in the Johnson County area. In developing a specialized transportation system for the el- derly and handicapped in the public sector, the Subcommittee has considered various alternatives for the administration and opera- tion of services in the Iowa City area. Five options were considered including: (1) Operation of the system through the Johnson County SEATS program (2) Operation through Iowa City Transit (3) Operation through the local taxi operator (4) Operation through the University of Iowa motor pool, and (5) Obtaining an operator through a formalized bid procedure. After deliberation of these options, the Subcommittee selected Option (1), that of operating the program through the Johnson County SEATS program. Afterwards, this recommendation was forwarded to the Iowa City and Coralville Councils for their review. It was also suggested by the Subcommittee that Iowa City and Coralville would allocate funds from the IDOT Financial Assis- tance Program to support elderly and handicapped transportation within the metropolitan area. This proposal considers the following areas of system management and operations: o Description of Specialized Transportation Coordination in the Public Sector o Eligibility of Persons o Priority of Trip Purposes o Hours of Operation and the Level of Service Provided o The Area of Service o Funding and Budget Considerations o Organization and Management o Coordination of Specialized Transportation Services Description of Specialized Transportation in the Public sectcr It is proposed that Iowa City and Coralville contract with the Johnson County SEATS program to operate vehicles within the metro- politan area to serve the elderly and handicapped residents on a 0 0 3. demand -responsive basis. Currently Johnson County SEATS operates one vehicle which mainly serves rural elderly residents of Johnson County. Accordingly, through this proposal, the administrator of the SEATS program would be contracted to operate one additional vehicle serving elderly and handicapped residents of Iowa City. Dispatching arrangements would be handled in a similar fashion to the current operations of Johnson County SEATS. Patrons would call in one day in advance to notify their intention to obtain ser- vice in which the administrator -dispatcher schedules routes for the subsequent days of service. It is foreseen that specific routes could eventually be established for service in the metropolitan area. If funds are approved through the OHD program the vehicles would become equipped with radios which would enable the system to become a dial -a -ride service. Funds for the acquisition of the Iowa City vehicles are to be provided through Housing and Community Development Assistance funds. It is estimated that one vehicle should be sufficient for meeting the level of demand for specialized transportation services, in which this vehicle would be equipped with a lift or ramp to accommo- date handicapped persons. Table 1 provides a timetable of the proposed scheduling of operations. Actual operations of the vehicles for the Iowa City area is scheduled according to the timetable to commence around July I. However, the actual date of the initiation of operations could be scheduled earlier according to the agreement reached by the participating governmental agencies. 0 0 4. Eligibility of Persons It is proposed that the elderly and handicapped residents of Johnson County would be served by the Iowa City specialized trans- portation system. An elderly person is defined as any individual over 60 years of age whereby a handicapped person is defined as any individual with ambulatory, manual, visual, audial, or mental im- pairments which seriously limits his or her ability to obtain adequate transportation either through the use of private automobile or public transit. Trip Purposes It is recommended that trips should be assigned on a priority basis according to the following suggested trip -purpose ordering. o Medical trips o Grocery shopping trips o Social service trips o Trips related to organized social and senior activities o Other shopping trips Trips for other purposes will be referred by the system dispatcher to other transportation modes (i.e., public transit) and will be recommended for specialized service only if the vehicles are not operating for the above listed trip purposes. Hours of Operation and the Level of Service After deliberation of various options decision was reached by the participating agencies that funding would be provided to operate one vehicle for approximately 67 hours per week according; to the following timetable. Day Hours of Operation Monday 8:30 A.M.-9:00 P.M. Tuesday 8:30 A.M.-5:00 P.M. Wednesday 8:30 A.M.-5:00 P.M. Thursday 8:30 A.M.-9:00 P.M. Friday 8:30 A.M.-9:00 P.M. Saturday 8:30 A.M.-3:00 P.M. Sunday 8:30 A.M.-3:00 P.M. Number of Hours 12.5 8.5 8.5 12.5 12.5 6.5 6.5 The hours of allowable operational service will be directly dependent upon the efficiency of the system in the delivery of specialized transportation services. The monitoring and evalu- ation of the system's efficiency and productivity will determine any extension or limitation of the hours of service. Area of Service The area of service will include the Iowa City metropolitan area. With the initiation of service within this area all elderly and handicapped residents in Johnson County will become eligible for specialized transportation services. Funding and Budgeting Considerations Through this proposal Iowa City and Coralville would provide approximately $38,000 per year to operate one vehicle in the metropolitan area. Table 2 provides a budgetary breakdown of the fixed overhead, labor, and vehicular expenses of the system. The total Projected annual cost of $37,902 for the Iowa City- Coralville service would be 5728.88 on a weekly basis. It it was I I Vehicular Expenses: (Fuel, Maintenance, Insu- rance, Depreciation at 11,012.50 1,487.50 12,500.00 $.25/mile for 50,000 miles) Total • Table 2 • 4,510.34 37,902.00 Proposed Operating Budget drivers would also function as Operational Expense dispatchers. Iowa City Coralville Total Fixed Overhead: Office Space 441.50 59.50 500.00 Telephone 881.00 119.00 1,000.00 Publicity 881.00 119.00 1,000.00 Administrator 5,286.00 714.00 6,000.00 Fringe 528.60 71.40 600.00 Total: 8,018.10 1,082.90 9,100.00 Labor Expenses: ' Full -Time Driver 6,871.80 928.20 7,800.00 *Part -Time Driver (50$) 3,435.90 464.10 3,900.00 *Part -Time Driver (40%) 2,748.72 371.28 3,120.00 Fringe 19305.64 176.36 1,482.00 Total: 14,362.06 1,939.94 16,302.00 Vehicular Expenses: (Fuel, Maintenance, Insu- rance, Depreciation at 11,012.50 1,487.50 12,500.00 $.25/mile for 50,000 miles) Total Operating Budget: 33,392.66 4,510.34 37,902.00 * The part-time drivers would also function as part-time dispatchers. assumed that 67.5 hours of service were provided per week, then the cost of operations would be placed at $10.80 per hour. It is proposed that assuming this level of service the $68,100 allocated to Iowa City and Coralville through the Transit Financial Assistance Program could provide approximately 93 weeks of service. C� • The budget analysis does not include funds which would accrue from fares charged to patrons. It is suggested that a 50 cent fare be charged for one-way trips. It is estimated that enough ridership could be generated to provide from $4,000 to $5,000 worth of revenue per year for the system. Organization and Management of Operations in the Public Sector Under this proposal Iowa City will contract with the Johnson County SEATS program to provide administrative services in operating vehicles for the elderly and handicapped within the Iowa City area. The level of service currently provided to the Johnson County rural elderly will be maintained through this proposal. However, it is expected that some ride and time sharing between �- the urban and rural vehicles will be enacted. For example, the rural Johnson County vehicle could service some Iowa City residents as the van travels through Iowa City to the rural regions of the county. Likewise the urban Iowa City-Coralville vehicle could assist with the service the rural vehicle prsently provides within the urban area. Improved arrangements could also be made regarding the transportation of Iowa City residents who attend congregate meals. It is proposed that the coordination of specialized trans- portation service between the metropolitan and rural areas will lead to the following advantages and benefits over the present level of operation. o Through a coordination of existing transportation services, an increase of operations efficiency should occur. Through the sharing of administrative, dis- patching, and operational services an increase of system efficiency measured through a lowered cost per vehicle hour should occur. o An extension of specialized transportation services to the Iowa City metropolitan area should increase the level of ridership potential which could lead to in- creases in the rate of passengers/vehicle hour relative to the existing operation. Coordination of Specialized Transportation Activities Through this proposal there is a coordination of funding from Coralville and Iowa City to operate one specialized vehicle within the urban area. Chart 1 demonstrates the notion that funding from four sources, Iowa City, Coralville, Johnson County, and the Heritage Area Agency on Aging would be coordinated into the Johnson County SEATS program. Currently, two advisory committees, the Transit Advisory Committee and the Subcommittee on Specialized Transportation Services for the Elderly and Handicapped have assisted in the development of this program. It is suggested that either these two committees would continue their advisory function or'that a new advisory committee be formed to assist in the direction of this coordination program. ( PUBLIC SECTOR AGENCIES UNIVERSITY OF CORALVILLE JIOWA CITY IOWA 6Coralville (l±owaCity ng Cambus ing JOHNSON COUNTY Johnson County SEATS Heritage AAA ELDERLY AND HANDICAPPED INDIVIDUALS Operations Chart for Elderly and Handicapped Transportation Chart 1 PRIVATE ENTERPRISE • • 41 I�— 0 0 Appendix: Consideration of Loss of Revenue and Ridership to the Local Taxi Operations Since the local private taxi companies currently provide specialized transportation for the elderly and handicapped, it is of importance to determine what degree of overlap would occur between the ridership clientele of the taxis and the publically- subsidized specialized transportation vehicle. More specifically, an attempt is made to determine what level of ridership and revenue would be diverted from the taxis due to the operation of a publically- subsidized vehicle for the elderly and handicapped. To determine the amount of diversion, three areas of infor- mation are analyzed including: (1) An estimation of the trips which would be made on the proposed specialized vehicle operated in the Iowa City- Coralville area. (2) An estimation of the total number of trips diverted from the taxis through the operation of this vehicle and (3) An estimate of the cost per trip for a taxi. (1) Estimates of Trips on the Specialized Vehicle It is estimated that during the first year of operation the proposed specialized vehicle operating in the Iowa City- Coralville area would carry approximately 700 passengers per month or 8,400 passengers per year. This level of ridership would imply a prndurtivit,v factor of 7.4 for the proposed 67. operating hours per week. (2) Diversion of —rips :70n 'axis In a needs assessnent study, Transnora:icn for the Fi and Handicapped in Johnson County, lows an A- essnen• o' Vice' and ?references, a .anden staple o—_ 2_1 elderly persons in Johnson County was surveyed regarding theirtransportation patterns and preferences. One question was directed towards the types and modes of transportation which would be substituted if the surveyed person were to use a specisli:ed vehicle. The question stated: "If a new, special elderly passenger ran system were insti- tuted, or SEATS were expanded to become more available to you, what mode of transportation would you use less?" In the elderly random sample, the following distribution of responses was provided. Response Number Per Cent Walk Less 3 1.4 Use the Taxi Less 13 6.2 Use the City Bus Less 6 2.8 Rely on Friends and Relatives Less 7 3.3 Drive Less 39 18.5 Would Never Use Specialized Service/No Opinion 143 67,7 Of the total of 68 persons who indicated tbt•v wovld �u!• stitute one form of transportation to utilize a sprcialired vehicle, 13 mentioned that they would use a taxi less. 9'11 i!: tutal represents 19 percent of the totla who indicated they would substitute a trunsportation mode to utilise a new specialized vehicle. From this analysis it can be estimated that approximately 20 percent of the trips on a specialized vehicle would be diverted from taxis. (3) Cost per Taxi Trip From data supplied by the local taxi operator, it is esti- mated that the present cost per taxi trip is $2.07 From the data and analysis provided a formula can be devised regarding the amount of revenue lost to the private taxi companies due to the operation of a publically- subsidized specialized vehicle. The formula can be represented as: X - (a) (b) (c) where X - the amount of revenue lost to the taxi companies due to the operation of a publically-subs idi zed specialized vehicle a - the percentage of trips diverted from taxis by the specialized vehicle b a the number of trips made on the specialized vehicle and c - the average cost per trip for the local taxis. For the first year of operation the revenue diverted from the local taxis through the operation of a specialized vehicle can be calculated at: X - (a) (b) (c) X -:(.z0) (8,400) ($2.07) X - $3,477.60 The value for X cited above represents one estimate of the amount of revenue which would be diverted from the local taxi companies through the operation of a publically- sponsored vehicle for the elderly and handicapped. In order to minimize the loss of revenue to the taxi companies an option could be considered in providing a service contract equal to the lost revenue for the taxis to provide service during evening hours �. and/or for emergency situations. The service could be pro- vided on a half -fare or a fixed -fare basis whereby funds from Iowa City would subisidize the cost of the trip. S:nty of Iowa Cit# MEMORANDUM DATE: May 16, 1977 T0: City Council FROM: City Manager RE: Acting Manager Harvey Miller will serve as acting city manager during my absence this week. I will be on vacation. cc: Department Heads /oy7 qg­ CIVIC CENTER AIO E. WASH I NGTON ST. IOWA CITY, IOWA STIAB ��� I]1BI JSA-I BB]May 11, 1977 MAYOR MARY NFUHAUSFR COUNCILMEMSERS JOHNEAWFR CAROLbSROLSE LJ. FOSTER BAVIBFFRNET MABSELZER ROBERT VFVERA The Honorable Ray Taylor Senator State House Des Moines, Iowa 50319 Dear Senator Taylor: The City of Iowa City has had an opportunity to review identical bills listed as Senate File 379 and House File 585. The City concurs with the general intent of the bills. However, there is one key word which must be changed to make the bill effective. In line 10 of the bill the word "three" must be changed to "two" to accom- plish any meaningful improvement. At the present time, land developers sell off a parcel of land to a new owner and the new owner then sells off a parcel of land to another new owner and so it goes ad infinitum. The City presently has no recourse since the developers are conforming to the law. By changing the word "three" to "two" a subdivision plat will be required any time a piece of ground is sold. In summary, the City of Iowa City supports Senate File 379 and House File 585. However, we strongly recommend that line 10 be changed to read "Section 409.14, who shall divide the same into two or." Sincerely yours. Carol W. deProsse Mayor Pro tem Same letter sent to: Is Senators Redmond, Hutchins, Br11es, Hill, Merritt, Miller, Murray, Orr, Van Gilst, and Doderer; and to Representatives Small, Hargrave, Svoboda and Patchett i C ONN[•CF CIVIC CENTER CIO E. WASHINGTON ST. IOWA CITY, IOWA 52240 4(/ 1319)05C.I" a �• .L R IOW[' U' [YIOM MAYOR MARY NEUMAUSPI COUNCIL MEMIERE JOHN •ALMER CAROLGPROSSE L P. FOSTER OAVIOPERR ET M"SEUIR ROSERTVEVERA E L E G R A M T0: Senator Cloyd Robinson Chairperson, Senate Transportation Committee State Capitol Des Moines, Iowa 50309 The City Council of Iowa City unanimously encourages your support of House File 491 which raises the fuel tax and the cities' share of the road use tax fund. Mayor Mary C. Neuhauser Council Members Carol W. deProsse John Balmer Robert Uevera L. P. Foster Max Selzer David Ferret /oy9 *City of Iowa Citte MEMORANDUM DATE: May 5, 1977 � TO: Neal Berlin, City Manager FROM: Dennis R. Kraft, Director of Community Development� ,;" RE: Iowa PIRG letter dated April 26, 1977 /v In the above-mentioned letter, there is a statement that I indicated to some member of Iowa PIRG that at one time it was the consensus of the City Council to retain the mini -park located at the southeast corner of Dubuque and Washington Strcets. This statement is totally incorrect. I did discuss the matter with someone over the telephone two or three weeks ago and at that time, 1 stated that the mini -parks were intended to be a temporary use, that the land had always been designated for commercial reuse on the Urban Renewal plan and that it was envisioned that additional open space would be provided nearby in the vacated rights-of-way on Dubuque and College Streets. Further in my discussion, I did indicate that it was, of course, the Council's choice and that if they would decide to retain the mini -park site for park purposes they could do it but that the land would have to be paid for. As I remember this conversation, I also indicated that because of the financial status of the project, it would be financially infeasible for the Council to retain this land for a park. ORK:sc ioso DAM May 11, 1977 TO: City Council, Department & Division Heads FROM: Roserary Vitosh, Finance Director r -U/ RE: Travel Advance Requests Starting immediately, travel advance checks will be issued only on the check release dates of the month. Finance must receive the travel request forms by the 9th for check release on'the 13th, and by the 19th for check release on the 23rd. Travel advance checks will not be issued at other times unless an emergency situation exists. There is no problem with turning in travel request forms far in advance of the check release date. Upon receipt of the travel request form, Purchasing will return a notice to the employee indicating that the form has been received by Finance and the dates upon which the requested checks will be released (i.e. for registration, hotel reservations, cash advances, etc.) As all travel advance forms Tm, t be approved by both the department director and the City Manager before they cane to Finance, early submission of the forms will avoid any problems in getting the proper signatures. It won't matter when the form was first filled out, unless Finance receives it by the proper date the check will not be issued. 1405/ parks & recreation department M M0 to: Neal Berlin, City M�nager from• Dennis Showalter, Director Cntm�iTMembers re. Public Planning Meetings - d.at e . May 12, 1977 Parks & Recreation Department On Thursday, May 19, at 2:00 p.m. in Room B at the Recreation Center, a group of Iowa State University Forestry students will present their plan on how to incorporate the Schlaegel tract (12 acres east of Hickory Hill Park) into our park system. The plan will probably include an arboretum and a small neighborhood park. We are not under any obligation to accept their plan; we can use any of it we choose or we can reject it. There is no cost to the City involved. We will be having a number of neighborhood meetings for park planning purposes. The purpose of these meetings will be to get resident input on how they would like to see their park developed. There will be a neighborhood resident in charge of each meeting, and a Parks and Recreation Commission person will be present. The Staff will be present to take minutes and answer questions. The meetings are as follows: 1. Pheasant Hill Park - the meeting will be held on May 16 at 7:00 p.m. at the play equipment. Mrs. R. N. Perez will chair the meeting with Flo Stockman attending as the representative from the Parks and Recreation Commission. In case of rain, the meeting will be held at the Recreation Center. 2. Villa Park - the meeting will be held at 7:00 p.m. on May 23 at the pergola in the park. Tom Cilek will chair the meeting and represent the Parks and Recreation Commission. 3. Wetherby Park - the meeting will be held on June 6 at 7:00 p.m. at the play equipment. Bill Schnute will chair the meeting and Mary Maseber will represent the Parks and Recreation Commission. In case of rain, the meeting will be held at the Recreation Center. 9. Willow Creek Park - the meeting will be held at p.m. on June 13 at the play equipment. Marion Neely will chair the meeting and Bob Crum will represent the Parks and Recreation Commission. In case of rain, the meeting will be held at the Recreation Center. Witt' of Iowa Cit DATE: May 6, 1977 TO: Neal Berlin and City Council(((���J FROM: Dick Plastino, Director of Public Works\� RE: Intersection of Keokuk and Hollywood \, The City has programmed a major capital improvement to resolve the problems with traffic flow at Keokuk and Hollywood. Because land acquisition is needed in this area and because State concurrence must be obtained it is anticipated that it will take approximately two to three years before final construction is completed. A temporary solution is available which may be worth trying. It was surmised that most of the traffic entering the east leg of the intersection at Keokuk and Hollywood actually originated in the K -mart parking lot. It was felt that if this was the case it would be equitable to somehow force this K -mart parking lot traffic to use the exit from the K -mart parking lot on Keokuk which is several hundred feet south of the problem intersection. On April 28, 1977, a count was done on the east leg of Hollywood Boulevard and of the 1500 cars entering the intersection from the east almost two-thirds (2/3) of these vehicles had actually come out of the K -mart parking lot. It can be concluded that almost 1000 0£ the 1500 cars could have been forced to use the Keokuk exit from K -mart parking lot if they did not have access to the intersection of Keokuk and Hollywood via Hollywood. A "quick fix" solution to the traffic congestion at this intersection could be done by simply closing Hollywood Boulevard with barricades between the K -mart parking lot and Iowa State Bank and Trust. We expect that the businesses in this area will not be in favor of this since it will cause inconvenience to their customers and will move congestion from the intersection of Keokuk and Hollywood to the parking lot itself. It is the feeling of Public Works that the congestion can better be handled in the parking lot than at the intersection of Keokuk and Hollywood. According to State law the Council can temporarily close the street and this could be done by erecting barricades. If the traffic flow did not dramatically improve or unbearable problems were created elsewhere the barricades could be removed. If Council concurs with this general scheme we will approach the businesses involved to determine whether they are aware of any problems we have not anticipated and also learn of any support or objections to the proposal. cc: Jim Brachtel 1405,3 DATE: May 12, 1977 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public Works RE: FAUS Program A question had been asked about the relationship of FAUS funds to on -street parking. •It has been found that FAUS funds can be used for streets that have on -street parking; however, the Federal government would not contribute to widen the street for the sole purpose of parking. If a major street was being rebuilt and it had parking in the past, they would contribute to cost sharing on the width needed to continue parking. A question had been asked about the possibility of coordinating construction of Mormon Trek Boulevard to avoid fall football games. If construction is to occur this summer, and it is strongly recommended that it be done this summer, there will be no way to avoid conflict with football games. It is anticipated that bids will be taken during August; therefore, construction will occur in August, September, and October. Given the difficulty of shepherding a FAUS project through the Federal and State government maze it is Public Works' belief that it is risky to delay the job for the sole purpose of avoiding traffic congestion. If there is strong feeling that the traffic congestion must be avoided the Mormon Trek Boulevard project can be delayed until the summer of 1976. Public Works will continue ahead on planning for construction this summer unless Council decides otherwise. u TOMB Clfy �r May 10, 1977 Mr. Steve Freedkin Director of Free Environment Activities Center, IMU Iowa City, Iowa 52242 Re: Letter regarding information related to plans for construction of dam in Hickory Hill Park in Iowa City. Dear Mr. Freedkin: Examination of Chapter 68A Code of Iowa and amendments thereto reveals that State law requires that all expenses of copying work be paid by the person desiring to examine our files. The City does have copying machines and the charge is 10¢ per copy plus tax. The hours are 8 a.m. to S p.m. If you would prefer to use a more informal procedure I might suggest that ynu drop in to the Civic Center at your convenience and we will peruse the files at the Civic Center and those at Powers and Associates. Several months ago we transferred most of the information on Ralston Creek to Powers and Associates for use in their Ralston Creek Watershed Management Plan. In addition, a report was recently published on existing conditions on Ralston Creek and there is mention of Hickory Hill Park. We will work with you in every way possible to aid you in acquiring the information you need. Sincer ly, Richard J. Pla i ' Director of Pu c Works RJP/7P cc: Ideal Berlin City Council Ralston Creek Coordinating Committee Julie Vann File No. 20 CITY OF IOVVA CITY CIVIC CENTER, 410 E. WASHINGTON ST IOWA CITY, IOWA 52,240 318-354 1800 /053- Free Environment Activities Center, I.M.U, Iowa City, IA 52242, 3191353-3888 May 4p 1977 Hr. Richard Plastino Director of Public Works City of Iowa City Civic Center Iowa City LA 52240 EXAMINATION OF PUBLIC RECORDS REQUEST Dear Hr, Plastinom Pursuant to the Iowa Examination of Public Records Acts Chapter 6EA Code of Iowan we hereby request copies of all information in the files of the City of Iowa City related to plane for construction of a dam in Hickory Hill Park in Iowa City. We request waiver of arty fees in connection with providing this material. Free Environment will use the information in ways that will benefit the general public. This standard is used in the federal Freedom of Information Acts 5 U.S.C. 552 as amended, in determining whether to waive copying and search fees; we urge you to use the same standard in responding to our request. The state Aet allows you discretion in whether to levy such fees. If fees are to be chargedo and they will be greater than $10.000 please send a letter indicating the nature and amount of such fees and indicating where we my have access to the files to review them without copying theme including the hours when such office(s) ie/are open. Your cooperation will be appreciated, s eroly, Steve Froodkis Director 71ei WuwrO 11 pn.vd .. mr[rti rrryr4d pop,, 0 May 9, 1977 William Meardon Meardon, Sueppel, Downer $ Hayes 100 S. Linn Iowa City, Iowa 52240 Re: Ralston Creek Dear Mr. Meardon: In a letter dated April 21, 1977, you inquired about the status of projects on Ralston Creek. At this time the City has nine interim projects scheduled for construction in the summer of 1977. Environ- mental Reviews have been completed on these projects and the City has found that these are not actions which will significantly affect the environment. Therefore, under Federal rules no environmental impact statement is needed. There are many additional projects in the planning stage and we anticipate the consultant will make suggestions to the City on additional projects in midsummer of 1977. If you would like additional information concerning the City's current study on the Ralston Creek watershed flooding problem please contact either myself or Richard Plastino, the Public Works Director. Sinerely yours, Nee B in City Manager cc: File No. 20 Julie Vann Ralston Creek Coordinating Committee City Council CITY OF IQWA CITY CIVIC CENTER, 410 E. WASHINGTON ST, IOWA CITY, IOWA 52240 319-3541800 0 0 Neil Berlin City Manager City of Iowa City City Administration Building Iowa City, Iowa 52240 Dear Mr. Berlin: One of my clients has consulted me concerning the report of Powers - Willis and the proposal known as Happy Hollow Storm Water Storage Area (Ralston Creek Storm Water Management) . Simply stated, the plan provides for the construction of a number of s small dams or berms to be constructed and two large earthen dams. It is my understanding that the smaller dams are to be constructed first and that the actual construction of the larger facilities may be delayed several years. To the best of my knowledge no comprehensive environmental impact statement has been obtained and if federal funds are to be used in this project (as I believe the case to be) , such a statement must be obtained and a public hearing must be held concerning the matter. In other words, I do not believe that it is legal or desirable for isolated dams to be constructed which are really part of an entire or comprehensive water management program without the prerequisite impact study. There are several cases on this point, Please advise me of the plans, whether or not an impact statement has been obtained, whether or not a public hearing has been held thereon and any other relevant information you might have concerning this situation. Thank you for your consideration. WLM/sc MEARDON, SUEPPEL, DOWNER & HAYES WILLIAM L.MCAROON LAWYERS WILLIAM E. SUCPPCL TELEPHONE ROBERT N. DOWNER 100 SOUTH LINN STREET JAMES P. HAYCS lOS GSSP IOWA CITY, IOWA 52210 AREA CODE 3I4 JAMES O. MCCARRAGNCR THOMAS J. CILCM MARK T. HAMER THOMAS D. HODART MARGARET T. LAINSON April 21, 1977 Neil Berlin City Manager City of Iowa City City Administration Building Iowa City, Iowa 52240 Dear Mr. Berlin: One of my clients has consulted me concerning the report of Powers - Willis and the proposal known as Happy Hollow Storm Water Storage Area (Ralston Creek Storm Water Management) . Simply stated, the plan provides for the construction of a number of s small dams or berms to be constructed and two large earthen dams. It is my understanding that the smaller dams are to be constructed first and that the actual construction of the larger facilities may be delayed several years. To the best of my knowledge no comprehensive environmental impact statement has been obtained and if federal funds are to be used in this project (as I believe the case to be) , such a statement must be obtained and a public hearing must be held concerning the matter. In other words, I do not believe that it is legal or desirable for isolated dams to be constructed which are really part of an entire or comprehensive water management program without the prerequisite impact study. There are several cases on this point, Please advise me of the plans, whether or not an impact statement has been obtained, whether or not a public hearing has been held thereon and any other relevant information you might have concerning this situation. Thank you for your consideration. WLM/sc 0 • CHAPTER 9.31 a a•/ 1 « • 1• 7 I7 I '•. • 1 11 1' • L I 1.51 • «••• a ills ctirt V,• • •••• is > n •a•• r. li • 1 I• •• 1 •' I• ► •' 1. 1 ► • •.1 1 Y} I• D« II Yd 7 11 • ' •• Y Ip •••: 9 V• • 1 • •'• 9 'Y /• 1 • 171's •. •. • M' 11 • 1 • L 1 • SECTIONS: 9.31.1 Short Title, Purposes and Construction, Application, and Definitions 9.31.2 Terms and Conditions of Rental Agrearents 9.31.3 Rental Deposits 9.31.4 obligations of Operator 9.31.5 obligations of Tenant 9.31.6 Remedies of Tenant 9.31.7 Duties of the Rousing inspector --Procedure 9.31.8 Application of Specific Repealer 9.31.9 Rent Withholding 9.31.10 Receivership 9.31.11 Appeals 9.31.12 Remedies of the Operator 9.31.13 Remedies of Operator and Tenant for Abuse of Access 9.31.14 Retaliatory Conduct prohibited 9.31.15 Effective Date, Repealer, Savings Clause, Severability 9.31.1 Short Title, Purposes and Construction Application and Definitions A. Short Title. This ordirnanoe shall be (mown and nay be cited as the "Residential Landlord and Te�n•�a�n�t Ordinance." B. ses, Rule of Construction. 1• This o shall Ee-Mierally construed and applied to pril its un- derlying purposes and policies. 2. Underlying purposes and policies of this ordinance are a, to in plenent the purposes of the Misniman Housing Standards, Chapter 9.30 of the Municipal Code, b. to cd.arify the rights and obligations of the operators and the .tenants of rental residential Musing, c. to encourage operators and tenants to maintain and iaprove the quality of housing, d. to protect tenants from retaliation and to provide them with sufficient security of tenure to enable them to enforce their rights under any ap- plicable statute, ordinance, or rule of law, and C. Uncons. to prli_ty. persons fromfdiscr==tion in housing transactions. —1.I the court, as a matter of law, finds a. a rental agreement or any provision thereof was unommionable when made, the court may refuse to enforce the agreement, enforce the remain- der of the agreement without the unconscionable provision, or limit the applic'l of any unconscionable provision to avoid an unconscionable rlesultj or b. a settlamt in which a party waives or agrees to forego a claim or right under this Ordinance or under a rental agreement was unconscion- able when made, the court may refuse to enforce the settlement, enforce the re main&x of the settlement wittnout the unconscionable provision, or limit the application of any nnoonacionable provision to avoid an un- conscinnable result. 2. If muxriscirnability is put into isms by a party or by the court upon its ICS6 • 0 9.31.1 awn notion the parties shall be afforded a reasonable opportunity to present evi- dence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. D. obligation of Good Faith. Every duty under this ordinance and every act which must be performed as a•condition precedent to the exercise of a right or remedy un- der this ordinance imposes an obligation of good faith :n its performance or en- forcemnt. E. TerritorialApplication. This ordinance applies to and regulates the occupation o�a�i eennti.al rental properties located within this City. F. Exclusions Eton Application of Ordinance. Unless created to avoid the ,applica- tion of this ordinance, the toll g arrangements are riot governed by this ordi- nance: 1. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or sim- ilar service, 2. occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his/her interest, 3. occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization, 4. transient occupancy of less than one month in a hotel, or motel, 5. occupancy by an employee of an. operator whose right to occupancy is condi- tional upon employment in and about the premises, 6. occupancy by an owner of a condominium unit or a holder of a proprietary lease cooperative, 7. occupancy under a rental agreement covering premises used by the oocupant primarily for agricultural purposes. 8. occupancy of a roaming unit in a single family owner occupied dwelling in which roaming units are let to 3 or fewer persons. 9. Occupancy of a single family dwelling which is the usual and bona fide res- ide noe of the owner by a tenant for a tenporary period of less than one year. G. General Definitions. Subject to additional definitions contained in subsequent Sections o_r_d&_o_rMFanoe which apply to specific Sections or subsections thereof, and unless the context otherwise requires, in this ordinance: 1. 'action' includes recouprent, set-off, suit in equity, and any other pro- o8eding in which rights are determined, including an action for possession. 2. 'building and housing codes' include any law, ordinance, or govercunental regulation concerning fitness for habitation, or the construction, maintenance, op- eration, occupancy, use, safety, or appearance of any premises or dwelling unit. 3. 'dwelling' means any building which -is wholly or partly used or intended to be used for living or sleeping by human occupants. 4. 'dwelling unit' means any room or group of roams located within a dwelling and foaming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. 5. 'family' means household, for purposes of this ordinance and chapter 9.30 of the Municipal Code. 6. 'good faith' msans honesty in fact in the conduct of the transaction oon- oeaned. 7. 'household' means a person or parsons, whether legally related or not, who occupy and use in eonno n a single dwelling or dwelling unit for residential purpos- es. 8. '.arriltud' morns operator. 9. 'operator' moans any person who has charge, Gaze, or control of s building or part thereof, in which duelling units or roaming units am let. 2 .� 9.31.1 10. 'owner' means any person who, alor-- or jointly or severally with others: a. shall have legal title to any dwelling unit, with or without accompany- ing actual possession thereof, or b. shall have charge, care, or control of any dwelling or dwelling unit as owner or agent of the saner, or as executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as if s/he were the owner. 11. 'person' means and includes any individual, firm, corporation, association, or partnership. 12. 'premises' means a dwelling ,mit and the dwelling or structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facili- ties held out for the use of tenants generally or whose use is prordsed to the ten- ant. 13. 'rent' neans all payments to be made to the operator under the rental agree- ment, e=luding any payment which is exclusively a rental deposit. 14. 'recital agreement' means all agreemmts, and all valid rules and regula- tions adopted under section 9.31.S.B, embodying the terms and conditions concern- ing the use and occupancy of a dwelling unit and premLses. 15. 'rental deposit' means any deposit of noney to secure the performance of a residential rental agreement, other than a deposit which is exclusively in advance payment of rent. 16. 'roamer' means a person occupying a roaming unit. 17. 'roaming house' means any dwelling, or that part of any dwelling contain- ing one or more roaming units, in which space is let by the owner or operator to more than three persons except those whose relationship to the Owner or operator by blood, marriage, or legal adoption was the basis for occupancy. 18. 'roaming unit' means any group of roans forndng a single habitable unit used or intended to be used for living and sleeping but not for cooking and eating purposes. 19. 's/he' means she or he. 20. 'single family residence' means a separate structure maintained and used by a single household as a dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family resi- dence if it has direct access to a street or thoroughfare and shares neither heat- ing facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit. 21. 'tenant' means a person or persons entitled under a rental agreeweant to oc- cupy a dwelling unit to the exclusion of other persons wIn are not members of the same household. 9.31.2. 'Perms and Conditions of PentalAr�reemnts. A. An operator a tenant may include sn Mental agrearent tuns and conditions not Prohibited by this ordinance or by any other ordinance, statute, or rule of law. A rencat a9=Kff nt, asslgrment, eonveyanoe, trust aaea, or security instrument may of permit the receipt of vent free of the obligation to ornply with Section 9.31. C. Prohibited Provisions in Acetal ts. A 1^en agreement may no prows that "e luurnt: 1. agrees to waive or forego rights or reredies under this ordinance or under any other applicable statute, ordinance or rule of lawn 2. auttxxritre any person to confess judgment or, a claim arisirs; out of the ren- tal agreementi 9 0 9.31.2 3. agrees to pay the operator's attorney's fees; 4. agrees to the exculpation or limitation of any liability of the operator a- rising under law or to indemnify the operator for that liability or the costs Con- nected therewith; 5. agrees to a collateral agreement or provision incorporated in the rental ag- reetrent by reference unless a copy thereof is affixed to all copies of the rental agreement; 6, agrees to a lien on behalf of the operator of the tenant's chattels, except by fornal legal process as provided by statute. D.Wprovisions in Rental ts. A written rental agreement evidencing the anding of the es shall be executed by both the operator and the tenant and shall be subject to the following conditions: 1. the rental agreement shall be executed by all parties to the rental agree- ment in duplicate, one copy of which shall be provided by the operator to the ten- ant at the time of execution; 2, the rental agreement shall specify any restrictions as regards the use by the tenant of the leased premises and further specify any attendant rights to the use of the leased premises; The rental agreement shall also contain: 3. a provision specifying the amount of rent, rental deposit, and any other fees to be charged to the tenant; 4, a covenant of habitability as provided in section 9.31.4A; 5. a provision acknowledging and specifying the operator's and the tenant's collateral responsibilities for naintainence of the premises; 6. a provision aclomowledging the operator's responsibility to provide writ- ten receipts for all cash monies received from the tenant; 7. an itemization of all services to be provided by the operator to the ten- ant of whatsoever kind, provided that the operator shall have the right to alter, modify, substitute or change such services so long as the new service is substan- tially similar or equal to the original service itemized in the rental agre n ant; S. an itemization of all equipment provided by the operator to the tenant pro- vided that the operator shall have the right to alter, modify, substitute or change such equiprent so long as the new equipnent is substantially similar or equal to the original equipment itemized in the rental agreement; 9. a provision enumerating the number of persons authorized to occupy said pre- mises not to include oocasional guests; 10. a provision acknealedging the operator's duty to furnish the tenant with a c'becklist of damages and defects as provided by Section 9.31.38 and with an itemi- zation of any damages repaired by the operator and charged to the tenant. Z. Disclosure. 1. An operator or any person authorized to enter into a rental agreement on his/ her behalf shall disclose to the tenant in the rental agreenrnt the name and address of a. the person authorized to manage the premises; and b. an owner of the premises or a person authorized to act for and on behalf Of the wryer for the purpose of service of process and receiving and receipt - ting for notices and demands. 2.:7be ^wccmatim requj-_ e"_ to be Porn s*ae9 by taus s&section shall be kept current. This subsection extends to and is enforceable against any successor oper- ator, owner, or manager. 3. A person who fails to comply with paragragh 1. of this subsection becomes an agent of each Ferr n who is rn np- „rnr fir: a. service_ of F: • •--: n , . . _ r. • eipt na for notixe and dawinis; and b. perforaying the oru..9asias of the operator under this ordinance and under 4 9.31.2 the rental agreement and expending or making available for the purpose all rent collected from the premises. F. Sublease and Assien grnrent. Every rental agreement shall contain a provision allaa- i79 the tenant to assign or sub -lease. nie right to assign or sub -lease shall be subject to the following conditions: 1. Chless otherwise agreed in the rental agreemnt, the tenant may sub -lease his/her premises or assign the rental agreement to another upon 30 days notice to the operator. 2. The rental agreement nay condition the tenant's right to assign the rental agreement or sub -lease the premises on obtaining the operator's approval of the prospective assignee or sub -tenant, which approval shall not be withheld without just cause upon reasonable grounds relating to the ability of the prospective as- signee or sub -lessee to fulfill the provisions of the rental agreement. Reasonable grounds for rejecting a proposed sub -lessee or assignee shall be limited to: a. insufficient financial responsibility; b. unwillingness of the prospective assignee or sub -lessee to assume the same terms as are included in the existing rental agreement; c. an affadavit signed by a previous operator, setting forth material abuses of other premises occupied by the prospective sub -lessee or assignee or mater- ial breach by the prospective sub -lessee or assignee of the rental agreement with the previous operator. 3. in any proceeding in which ti;e reasonableness of the operator's rejection shall be in issue, the burden of showing reasonableness shall be on the operator. G. Renewal of the Rental Agreement. Every rental agreement shall contain a provi- sion allowing the tenant to renew the rental agreement except upon the existence of just cause for not renewing the rental agreement. Just cause shall be limited to one or more of the following: 1. the tenant has failed to pay rent which is due and owing, except as provi- ded in this ordinance or under any other applicable statute or rule of law; 2. the tenant is, during the rental period before the expiration of the rental agreement, in substantial violation of the rental agreawnt or of Section 9.31.5; 3. the operator proposes, at the expiration of the rental agreement, reasonable changes of substance in the terns and aawiiti.ons of the rental agreement, including specifically any increase in rent, provided that such changes and the increase in rent are fairly applied to all tenants and are not retaliatory against any tenant or group of tenants; 4, the operator seeks permanently to board up or dawlish the premises because s/he has been cited by the Housirg Inepwtor for substantial violations of Chapter 9.30 of the tbmicipal Code and it is ecoa:::mdcally unfeasible for the operator to correct the violations, prcrldel t! --at tn2 o,rrator cmuences this action before the cbielling is cexti.^.ied for rw.,t- withholding under Section 9.31.9; 5. tkra operator secJcs at any tjixt to retire the &.telling permanently from ren- tal residential v.:e, provi6A t:4t this paragraph stall not apply to circumstances covered urvier paragraph 4. of this subsection. 6. the operator seeks to do substantial repairs or remxlling which cannot be done without vacating the o4elling unit. 'lie operator shall offer, to anv tenant required to vacate a d.kel.liug unit under operation of this paragraph, a new lease on the dwelling unit when the dwelling unit is again ready for occupancy, unless the tenant waives this right in writing; 7. the cume:r of a dw Iling of four or f-oer dwelling units seeks to p:•_.s,nally occupy a unit, or has contracted to sell t'- - ,'.,.tilling to a buyer who wislx:s to per- sonally ersonrlly occupy the dwelling unit and the oW.ry ct of sale requires that the dwell- ing unit be vacant at the time of closing; 8. the operator conditioned the tenancy upon and in consideration for the ten- ant's aaF4oytmnt by the operator in or about this prtsuisL5 and the er loyment is • 4 9.31.3 being terminated. H. Remedy for Dnlawful Provisions in Rental Agreements. A provision prohibited by this Section included in a rental agreement is unenforce- able. A rental agreement which does not include a provision required by this Sec- tion shall be construed as if it did include the required provision. If an opera- tor uses a rental agreement containing prohibited provisions or which does not con- tain required provisions the tenant shall be entitled to damages. 9.31.3. Rental Deposits. A. An operator may not demand or receive a rental deposit, however denmdnated, in an amount or value in excess of one nonth's periodic vent nor any advance Payment of rent except the rent for one period which is due at the beginning of that Peri- od. B. checklist of Damages and Defects. 1. The operator shall, within 5 days of the initial date of occupancy or upon delivery of possession and before receiving the rental deposit firm the tenant, provide the tenant with a checklist of damages and defects. 2. The operator and tenant shall jointly examine the dwelling unit and shall record on the checklist all observable damages or defects and the condition of all equipment and furnishings supplied by the operator. 3. If the operator and the tenant fail to agree on any item each shall record his/her dissent in a space provided on the checklist for that purpose or in a sepa- rate writing attatched to the cheddlist. 4. The checklist shall be filled out in duplicate, the operator and the tenant shall sign and date both copies, the dissenting party shall sign and date any state- nent of dissent, and each party shall retain one copy. 5. If latent defects become manifest or if defects are repaired during the ten- ancy the checklist shall be revised and all revisions shall be initialed and dated by both operator and tenant. 6. At the terndnation of the tenancy the operator shall examine the dwelling unit in the presence of the tenant and shall imnediately record, initial, and date on both copies of the checklist any damages observerd, apart fan ordinary wear and tear, which are not recorded on the current checklist. If the tenant disagrees with the operator on any item, s/he shall record his/her dissent on both copies of the checklist and shall date and sign the statmmnt of dissent. 9.31.4. Obligations of the Operator. A. Operator to Ma ntamnTPr ses. An operator shall -fly with the requirements of all applicable building and housing codes, and, 2. make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition throug!-out the term of any rental agreement. B. The operator and tlme tenant of any dwelling unit nay agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or rarodling only if 1. the agreamnt of the parties is entered into in good faith and not for the purpose of evading the obligations of the operator and is set forth in a separate writing signed by the parties and supported by adequate consideration, and 2. the agreesent does not diminish or affect the obligations of the operator to the tentlnts in Cthcx dwe:41ing IrJi 5 in tl-re premises. C. The operator may not treat perfornnance of the separate agreement described in subsection B as a condition to any obligation or perfornmoe of any rental agree- ment, unless the tenancy was cmAitioned upon and in consideration for the tenant's ewployment in or about the presdeas. �D. tor not to Discri=.nate. ieptnr-i ID. W of t1wauci�>al L)odn, entitled the Hurmn Rights Cc mdssion, is hereby 0 0 9.31.& amended by striking Section 10.2.5 and inserting in lieu thereof the following: 10.2.5 Discriminatory Practice --Housing A. It shall be unlawful for any person to reimse to engage in a housing transaction with any other person because of race, color, creed, religion, national origin, age, sex, lawful occupation, affectional preference, marital status, disability, the fact that there are children in the person's household or the number of such chil- dren (except in oonpliance with any applicable law concerning minimum space re- gWxerhents in residential rental dwellings), or the fact that the person receives public financial assistance of any kind. B. It shall be unlawful for any pexson to discriminate against any other person be- cause of race, color, creed, religion, national origin, age, sex, lIwfu1 occupation. affectional preference, marital status, disability, the fact that there are chil- dren in the person's household or the numbs of such children, or the fact that the person receives public financial assistance of any kind in the terms, condi- tions or privileges of any real estate transaction. C. It shall be unlawful for any person to directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any per- son because of race, color, creed, reliaicn, national origin, age, sex, lawful oc- cupation, affectional prefexence, marital status, disability, the fact that there are children in the person's household, or the fact that the person receives pub- lic assistance of any kind is unwelconhe, objectionable, or not solicited. D. Mcceptions: 1. Any bona fide religious institution with respect to any qualification it may impose based on religion when such qualifications are related to a bona fide religious purpose. 2. The rental or leasing of four (4) or fewer rooms within an avner-occupied rooming house in which renters pass through the comer's living area. 3. Restrictions based on sex in the rental or leasing of housing acconmodations by nonprofit corporations. 4. Restrictions based on sex in the rental or leasing of housing accammdations within which residents of both sexes would share a canon bathroom facility on the same floor of the building. 5. This ordinance does not create an affirmative duty to rehmve barriers for the handicapped in excess of the requirements of Chapter 104A, Iowa Oode. 6. Housing acommdations may be designated specifically for the disabled, how- ever, housing acroaamdations may not be restricted among the disabled on the basis of race, color, creed, religion, national origin, sex, marital status, affectional preference, the fact that there are children in the perso:,"s household, or the fact that the person receives public financial assistance of ar_y kind, or lawful occupation. 7. Housing aocoma cations may be desig:hated spec:ific:al'_y fee the elderly, how- ever, housing accemnodaLions may not bx -estricted among the elderly on the basis of rave, color, creed, religion, nat:ion:1 origin, sex, lawful occupation, marital status, affectional preference, or the fact that the person receives public finan- cial assistance of any kind. B. Any owner oomwied roommg hoose and any owner occupied dwelling in which these are 4 or fewer rental units may Ix restricted as to families with children, or as to r_ffe^'=anal ,n_'efemm- e+ rr•-:'x_' mitt s. 9.31.5. Tenant Obli�tionnss. A. 7bnant to Mean' fain Duelling Unit. A tenant shall 1. oescq,7y M;th all ohligation-- primarily irRns�9 tgxc teuu,- rnhln provisions of building and Musing codes, 2, not deliberately or negligently ca::se substantial danegv. fir, or remrie w y • • 9.31.5 part of the premises or knowingly Permit any Person on the premises with his/her pernussien and under his/her control to do so, and 3. conduct himself/herself and require other persons on the Premises with his/ her consent and under his/her control to conduct themselves in a manner that will not substantially disturb his/her neighbors' peaceful enjoyment of the premises. D Ades and Regulations. An operator, from time to, time, may adopt a rule or regu- lation, however described. concerning the tenant's use and occupancy of the prlanl- ses. It is enforceable against the tenant only if or welfare of the ten - 1. its purpose is to promote the convenience, safety, ants in the premises, preserve the operator's property from abusive use, or make a fair distribution of services and facilities held out for tenants generally, 2. it is reasonably related to the purpose for which it is adopted, 3. it applies to all tenants in the premises in a fair manner, 4. it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform him/her of what s/he must or mist not do to amply' 5. it is not for the purpose and does not have the result of evading obliga- tions of the operator, and 6. the tenant has notice of it at the time s/he enters into the rental e- ment or, if it is adopted after s/he enters into the rental agreement, notice rea- sonably in advance of its effective date. If a rule or regulation is adopted after the tenant enters into the rental ag- reement that works a substantial modification of the rental agreement it is not valid unless the tenant consents to it in writing. C. Access. rotor to enter 1. A tenant shall not unreasonably withhold consent to the ope into the duelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed ser - or actual purchasers, mortgagees, vices, or exhibit the dwelling unit to prospective tenants, workers, or contractors. 2. An operator may enter the dwelling unit without consent of the tenant in case of emergency. 3. An operator shall not abuse the right of access or use it to harass the ant. Except in case of eVergency or unless it is impracticable to do so, the oP� ator shall give the tenant at least 24 hours' notice of his/her intent to enter and may enter only at reasonable times. 4. An operator has no other right of access except a. pursuant to court order, or remises. b. unless the tenant has abandoned or surrendered the p 9.31.6. Tenant Remedies. the operator with the rent' A. Tenminatinn. I is a material nonca�liance by agreescent ar a nonooMlianoe with Section 9.31.4A materially affecting health and safety, the tenant may deliver a written notice to the operator specifyir=g the acts and MdSsions constituting the breach and that the rental agreement will ter- minate upon a date not less than 30 days after receipt of the notice if the broach is not remedied in 14 days after receipt of the notice and the rental agreeffvent shall terminate as provided in the notice subject to the toof damages or otherwise If the breach is remediable by repairs, the pn aym and the operator adequately rerc--cies t-* hreeac-'Lor des an agreement with tlae ten- ant to remedy the condition before the date specified in the notice the rental ag- reement shall not term!nate by reason of the breach - 8 • • 9.31.6 B. Reoai.r and Deduct. 1. if the operator fails to repair any defects or damages in the premises which s/he is obligated to repair or fails to provide or replace any equipment or services for which s/he is obligated and the reasonable cost of such repair, provision or replacement is less than $150 the tenant roma notify the operator of his/her inten- tion to correct the condition at the c orator's expense. If the operator fails to comply, or to make an agreement with the tenant to correct the condition, within 14 days or as promptly as conditions require in case of emergency after being noti- fied by the tenant in writing, the tenant may cause the work to lx-, done by a per- son who makes curb work hi..,/her regular ocvjpaticn and, atter submitting to the op- erator an Dr-mi.zed statement and copies of receipts for the actual anvu t exper3ed, deduct from his/her rent the actual cost of the work, not exceeding the mount specified in this paragraph. 2. The tenant nay not make use o£ this remedy more than 4 toms in any 12 month period. C. Ilent Ahatenrnt. If contrary to the rental agreement or Section 9.31.4A the op- erator fails to supply heat, nmrdng water, hot water, electric, or gas or fails to maintain electrical, plumbing, or structural facilities in the dwelling, or fails to supply or maintain any other Eorvices, equipment, or facilities: which are essential to the health, safety, or welfarL of the tenant, or if the dg -lung unit or phamises are damaged or destroyed by fire or casualty to the extent that enjoy- ment of the dwelling unit is substantially impaired, the tenant may, upon giving notice to the operator of the action to be taken and the arounds for such action 1. continue occupancy, if lawful, and abate rent, as of the date of the breach, in proportion to the diminution in the fair rental value of the dwelling unit, or 2. abate the fall ammmt of the rent as of the date of the breach, and a. tahporarily procure reasonable srbstitute Musing during the period of the noncompliance and recover the difference between the actual and reasonable cost or fair and reasonable value of the snastitutr housing and the periodic rent, b. and unless the operator remedies the Lreach, or makes an agreement with the tenant to remedy the breach, within 14 Gays, the tenant may vacate the premises and terminate the rental agree ant as of the date of vacati.nq and recover the diffexenoe between the actual and reasonable cost of the new housing and the periodic rent. D. lCarn es Nct Exclusive The tenant may not make use of more than one of the renudirs provided in paragraphs A, B, or C of this Section for any one breach. 2. Hc*mer, in addition to the retrodies provided in paragraphs A,B, or C of this Section the tenant shall be entitled to all other r. -„:dies arisino+ri•r sta- tute, ordinance, or rule of 1&,,V and shall be entitled to appropriate ux-mges, spec- ific performance, or injunctive relief for any substantial no_nzc nhpliance by the op- erator with the rental agreamnt or 53c tion 9.31.4A. E. Unlawful Ouster, Exclusion, or D3xii:. tion of Service. If an operator unlawfully tenant frurm the penises or willfully diminishes services to the tenant by interrupting or causing the inter- ruption cd heat, running water, electrr.__ gas, or otter essential service, tt,e ten- ant may recover possession or terminate th,, rental agreement and, in eithex case shall be entitled to damages, and apru : n h, a i ujunctivV relief., F. Rental Derac,�sit and Prepaid Fent. It ane rental agreement is tr_rncinated the oper- saft*” returnca l or as much of the rental deposit as the tenant is entitled to and all prupaid rent. Acoco rating for rent in the everht of tet,- _„ ..on shall be made as of the date of te'<--u.a;at:ion. In Cdae of terrrrhalioh, cc ;: rho tit rent shall be appnrtionalde from dny to dn},. Pigitts of the terjuht tender this &. -ticn do not arise until n", :c•a thtas fxr••n given to the op erator by the tuianL orif tJ r --,i ion was sWx tarp+_ L ' ; c;aummel by lite 0 O 9.31.7 deliberate or negligent act of the tenant' a manber of iv s/he' household or a per s - son on the premises with the tenant's consent and under the tenant s control. 9.31.7 Duties of t'+a l;,nn-i_ng _=n`' - nm^^d ,re. atriisin9 P . .5 amended by grapy Chapter 9.30. ,',� c. Ccc ; ...... •.. - 9.30.9D and inserting in lieu t»crcof the following: Inspector finds D. Ver, upon inspection of any rental dwelling' the Housing Pis, that conditions or practices exist which are in violation of arty provisions of this Chapter the Housing Inapnctor shall revoke the Perm,t of the dwelling, if the dwelling has a permit. ,the Housing Inspector shall also take the tionfoll9.30 actions: 1. If the dwelling meets the criteria for condem"ation in Section 9.30.10 of this Chapter and is, in the gudgeent of the Housing Inspector' an immediate danger to the health or safety of the occupants, and no immediate oorrective action can be and safety of the oecuoants' taken which will e suf sficie t to saf tely beginthe thehealth procedures provided for in Sec- tio Housing Inspectorthe dwelling to be vacated. tion 9.30.10 and shall order tion and placarding 2. If the dwelling does not meet the criteria forfcmde tion The Housing or the the Housing Inspector shall issue a ng torarythe permit for that the permit has been re Inspector shall give notice in writing issued. The notice shall be in the form caked and that a temporary Permit has been itions provided in 9.30.3A of this Chapter and shall be an order n COrasot the perxiode and Practices which are in violation of this Chapter within a reasonable period' an be practices which by the Housing Inspector. The order shall specify a date by which each correction is to be eoaVleted. The �'ctions shall be sandal s to be com- pleted as Ply as conditions require in case of energ o m nt as soon as prac- ticable for other corrections' but in no case more than too months, except for er- rections that cannot be oaVieted due to weather or other factors beyond the affected ad's control. affected 3. The Housing Inspector shall provide a copy of the notice to every s or roan - tenant in the dwelling. For this purpose in the case of nultiple post notice in ing houses it shall be sufficient for the Housing Inspector to P° t&Mts. No _ a conspicuous place in a part of the dwell' ndwellinngto l g untilall corrections ordered shall deface or rerove such notice from any in the notice have been fileted. the dwelling at the end of the period 9. The Housing Inspector shall reinspect t that s/he specified in the notice for the conpletion of all corrects exouT' shall reinspect before the end of the period . the case of emergency a. as the Housing Inspector considers necessary omations, from the operator that all corrections ordered in the b, upon infonretion notice have been omVieted, or t that the operator is not sub - c. upon information from an affected tenant deg in the notice. sta inspect°ionn lying withthe Housing take one of the following ac- s. Upon Dom'r finds that the condit'o orad practices speci- e. If thetheHousing ice have s shall, upon application and fied in the entice have been corrected /he t for the dwelling. payment of fee by the operator, issue a Psi ectad by the data sped._ b. If any ca-4itien or practice has not been corm dwelling for fie"_ im ttir_ notice the Housing Inspector shall la��iftth tenants in the rent withholding and shall so notify ire s�— dwelling• are confined to one of sever - 6. In instances where violations of this Chapter and, in the judgement of the al dwelling units or rooming wars wit}ilt: a dwelling elsewhere, the H=i.ng insi�tor, do not o°nstitute a hazard to health or safety 10 9.31.8/9.31.c, Housing Inspector may limit the application of the notice and order to the dwellii. unit in which the violations exist. 9.31.8. Application of Specific Repealer. If Chapter 9.30 of the Municipal dSr e shall have been amended at any time be- tween the initial filing.of this ordinance with the City Clerk and its final pas- sage the repealer and wrendrtent in Section 9.31.7 shall apply to the correspond:`: Section of Chapter 9.30 as wrenied. Specifically, if the City Council shall pass the proposed Housing Maintainance and Occupancy Code, Section 9.31. 7 stall apply t Section 9.30.5J of Chapter 9.30 and all other references in this ort mance to C1- .. ter 9.30 shall be altered correspondingly. 9.31.9. Rent Withholding. A. Menever a dwelling is certified by the Housing Inspector for rent withhol.di;:_. the duty of the tenants in the dwelling to pay and the right of the operator to Collect rent shall be sesp aAed without affecting any other terms or conditions c' the rental agreement, except as specified in this Section, until such time as the dwelling is again certified as fit for hunt habitation or until the rental agrc,- rent is terminated. The operator from w:tm rent is being withheld pursuant to this Section she11 not be entitled to maintain an action against any tenant of said dwelling for rent or for possession of said dwelling, except as provided in subsec- tion B of this Section. The cp^.rator of said duelling shall not: 1. raise the rent during any period when the tenants are withhoYing rent pur- suant to this Section, 2. relet any dwelling unit which is or shall becam- vacant unless s/he disclo- ses the nano of the new tenant to the City, which shall notify the new tenant of his/her duty to withhold the rent, 3. unlawfully remove or exclude any tenant fram the premises or willfully din:' rash services to the tenant by interrupting or causinq the interruption of heat, running water, hot water, electric, gas, or other essential service which the open ator is obligated to provide, or 4. prooxle against any tenant for any violation of the rental agrecmmt or See tion 9.31.5 unless such proceeding isin good faith and not for tlx: jx=pose of re- taliating against the tenant. B. The tenants in the dwelling certified for rent withholding shall deposit the periodic cont as it becomes due into an interest bearing escrow account in the n of the City, or in the nam, of an authority establislx-A by Ude City i'ur Uiis lJLU - pose in aowrdance with proaalures required by any applicable statute, in a l-ank or trust conpany designated by the City. The escrow account for the tenants of ar, one dwelling shall be a joint account but a separate account:: ng shall be kept ui. the deposits of each tenant. If tar tr,wnt is deli.rxluent in rent Uu: Cjty shall r, tify the operator and thu operator n ; proceed agaja,st Uu: tilnant for Qu rent ua for possession. The operator shall nod..i,e entiticd to proceed against Utc terwnt for rent or for possession if the ter>ar,t ;ail nave obtained a court order to &bat all or part of the rent and the tenant is not delinquent in paying into the escrow account that part of the rent due purstuu:t to the rnnrt order. The City Wi 11 cur - tmrol all of =ant fret: t!:f' ^_ hf d .. "i;1't. C. Whenever a dwelling is certified for rent wiLtholding the Housing lnspe^tor shall give notice in writing as provid,,1 in Sections 9.31.7x" and 9.31.71)3. D. The City slutll release funds, to the rq.*_-.:utor within Ute P:!riod apxrifi(A by U,,: Housing Inspector in F,e.ction 9 A1.9G oi,l.y upan applirnttion of rJk, <,ix Sutor and t43C;: prcnk-r:tnt.;on of 1. an ittntirud statarcutt a,td receipts for thA rr t t ;t emour:t in Purchr sing materials and performing repairs or in iinking pr•t e,..., :,.tyt,1„ oontracto, or workers wird are making rq,a:rs ordcae. by Uu riou.'J�114, lnsl t` ui us itu;paectar 'l 0 0 9.31.9/9.31.10/9.31.11 and approval of all such reoairs by the housing Inspector, or 2. utility bills, for which the operator is obligated and a showing, upon suf- ficient evidence, that the operator is unable to pay the bills. E. At the end of the period specified in the notice given in Section 9.31.9C the housing Inspector shall reinspect the t4elling and if s/he finds that the condi- tions and practices specified in the nctice have been corrected s/he shall, upon application and payrent of fee by the operator, issue a permit for the dwelling. When the dwelling ihas leen certified as fit for human habitation all rent remain- ing in the escrow account shall be paid to the operator, except that the City shall apply any interest frsn the escmw account to defray the actual cyst of ae9- mini.stering the rent withholding progran. F. No action taken by the City under this Section shall in any way limit any other remedies available to the tenant under this ordinance or under any other ordinance, statute, or rule of law. 9.31.10. Receivership. A If the Housing Inspector .`.lads upon re -inspection, as provided in Section 9.31.9.1; that the canditions and practices specified in the notice have not been corrected or if there is sufficis :t evidence at any time. *ht't the op=sa.tor is un- willing or unable to make the corrections, the lbusing 7nsp-,:tor or any officer designated by the City for this pt. -'pose shall apply to the district court for an order authorizing hinVher to execute carry out the provisions of said notice and to correct all violations specifics 'n :aid notice. B. Upon obtaining an order from trhe court the responsible officer shall give notice to the operator of the intention to rwke such repairs or to take other cor- rective action. C. Every operator of a dwelling writ who has received notice of the intention of the City to make repairs or to take other corrective actim shall give entry and free access to the agent of the City for the purpose of making such repairs. Any operator who refuses, impedes, interferes with, hinders, or obstructs entry by such agent pursuant to a court order and a notice of intention to m-Ae repairs or take other corrective action shall be subject to a civil penalty of riot less than 25 nor ncre than 100 dollars for each such failure to amply with this paragraph. Each day on which access is decried shall constitute a separate ti^olatiar of this provision. D. For the purposes of this Section U,> officer shall use all rents in the es- crow account for the dwelling and may use any City funis and fiords from State or Federal grants where the rehabilitation cf rental housing is %,K!cified as a permit- ted or required use. E. The operator of the dAelling and tl b- ch - tilling and premises shall be li wDle for all costs, expenses, and diebursenkenvs paid or incurred by the City and the re- sponzible of£ioer in any action pursuant to this Section. For the recovery of such costs, expenses, or disbursements tre City may bring an action in any court of can- petent civil jurisdiction. F. No action taken by the City miler this Section shell in any way limit any other remedies available to the Omant p,:'.x this or din=- or under nrr_• other ord - nance, statute, or rule of law. 9.31.11. Appeals. Mapter 9.30 of the Municipal Cad-- is hurcby am=ncW 1p, striking suusec .d .3B and 9.30.3C ari,., i.nsartirry in lieu tlotr.of the follcprinq: 9.30.38. As of the effective datt: of C^.aptter 9.31, the I7esicurtial Landlord and lvm- ant ordinance, the terns of tdl J the- hous?ng Appeals board shall expire and the City Council shall make new appointnerts sui,ject to the following provisions: 1. The Board shall be crnposea of s vrr: nierux:rs. Tune. nearixrb sht,ll be ter=tz and no m -en +den three mernt» v nhO I }::,•r my riirect ur indi-rest f.i tarv' ial intereest in residential rental housing. 12 0 0 9.31.11/9.31.12/9.31.13/9.31.14 2. The first four menbers appointed shall sera for two years and the other three mmters for one year. 3' Vacancies occurring during a tern shall be filled for the remainder of that tern. 4. At the expiration of any term a new appointment sh 11 b_� node f,:r a term of two years. 5. The Board shall hear appeals in correction with any notice issued pursuant to subsections 9.30.3C, 9.30.3D, 9.30.32, 9.30.9B, 9.30.9E, and 9.30.10E of this Chapter and Sections 9.31.7, 9.31.9, and 9.31.10 of the Fnsidential Landlord and Rhnant ordinance. 6. The Board shall periodically review, assess, and make recemmrx9ations to the Council concerning policies, procedures, and regulations necessary to the ad- ministration and enforcement of this Chapter and Chapter 9.31. 9.30.3C. Any person affected by any notice which has been issued in connection witi the enforcement of any provision specified in subsection 9.30.3B may request, and shall be granted, a hearing on the matter before the Housing Appeals Load provided that such person shall, file in the office of the Housing Inspector a written peti- tion requesting such hearing and setting forth a brief statwent of the grounds therefor within ten days after the date ttie notice Has served. Upon receipt of such petition, the Housing inspector cdall set a time and place for such hearing, shall give the petitioner and other affectrA parties written notice thereof, and shall, except in case of emergency as provided in 9.30.3F, take no further enforce- ment action pending the outeare of the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be mclified or withdrawn and any other affected party shall be given an opportunity to be heard and to show why such notice slacul.d be sustained, tma9ified, or with- drawn. The hearing shall be commenced not later than bLnty day; ,after the d.ite on which the petition was filed provided that upon application o' the petitioner the Housing Appeals Dw-rd may postpone the date of the hearing for a reasonable time, not to exceed thirty days, if in the Board's judg.„nsnt the petitioner has su>lnitted a good and sufficient r-ason for such postponarcnt. 9.31.12. Remedies of the Operator. If there is a subst,irt:ird noncompliance by the tenant with the rental agreement or with Section 9.31.5 or csith any other ordinance or statute the operator has the rLmEdies fixovided by Ute applicable ordinance, sta- tute, or rule of law. 9.31.13. Remedies of theOperator and the '`a,Lint for Abuse of Access. A. If the tenant refuses to a o"llawful are: s, die operator shall be entitled to injunctive relief to ecrrx:l access or resy terminate_ t_ye rental agrecrr_nt. in ei- ther case the operator shall be enti.t.7.cd tr damges. B. If the operator makes an unlawful ._retry or a lawful entry in an Lmrcasonable tanner or makes repeated demands for e, otherwise lawful but which have the ef- fect of unreas¢iably harrassiaig the tenant, the tenant shall be entitled to injurer tive relief to prevent the rervrrenoe of the corduct or to terminate the rental aq- peement. In either case the tenant shall be entitled t:n damages. 9.31.14. Retaliatory Concuct Prutu.;,,ted. A. An operator may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an act -ion for possession or by refusal to rentor a rental agreement or by abuse of access or by any ot_ner retali _fury condu::l aftL.r: 1, the tenant has cagrlained in goad frith to a ariennv rhnrged unth responsibality fee F_zformm^st cf a 4 :u :cve:i::a do of t defect w!,.Lch is, in his/her best judgew-ant, a violation applicable to th ;n rises, or 2. the tenant has ooMlained to the operator of & breach of die rental agree- ment or of any violation of this ordinance or 3. the tenant has organized or became u mrnrlter of a tumuts' union or slnalar, 9.31.14/9.31.15 organization, or 4. the tenant has tried in any lawful manner, alone or in concert with others, to enforce any rights provided under the rental agreement, this ordinance, or any other applicable statute, ordinance, or rule of law. B. If the operator acts in violation of subsection A., the tenant is entitled to appropriate damages and injunctive relief and has a defense in any action against hWber for possession. In an action by or against the tenant, the occur- ance of any action protected by this Section within one year before the alleged act of retaliation creates a rebuttable presumption that the operator's conduct was in retaliation. "Presumption" means that the trier of fact mist find the exis- tence of the fact presumed unless and until evidence is introduced which would sup- port a finding of its nonexistence. C. In an action by or against the tenant where the operator's action for poses- sion or refusal to renew the rental agreement or other alleged retaliatory conduct is in issue, the operator may overcame the presumption in subsection B. only upon a showing that his/her conduct was for just cause and that his/her conduct Mould have been the same even in the absence of the tenant's protected activity. 9.31.15. Effective Date, pepealer, Savings Clause, Severability. A. This ordinance shall become effective after its final passage, approval, and publication as required by law. it applies to rental agreements entered into or extended or renewed on and after that date. B. The following ordinances and parts of ordinances are hereby ate: Chap- ter 9.30 and Chapter 10.2 of the Municipal Code, as specified in this ordinance. C. Transactions entered into before the effective date of this ordinance and not extended or renewed on and after that date, and the rights, duties, and inter- ests flmdrq from them remain valid and may be terminated, o mpleted, consumated, or enforced as required or penni.tted by any ordinance amended or repealed by this ordinance as though the repeal or amendment had not occurred. D. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this ordinance which can be given effect without the invalid pro- vision or application, and to this end the provisions of this ordinance are sever- able everable 14 0 Mr. Don M. Crum, President Downtown Association c/o Younkers 115 East Washington Iowa City, Iowa 52240 Dear Mr. Crum: May 9, 1977 At its regular meeting of May 3, 1977, the City Council received and placed on file your letter concerning traffic on Dubuque Street. The Council dis- cussed this matter at their informal meeting of May 2, and will hold an additional public hearing on May 10. I would encourage you to address the Council publicly at that time. The City staff is eager to work with the Chamber of Commerce and the Downtown Association on matters of mutual interest that will have impact on our com- munity. Please contact me if I can be of any additional service to you. Sincere yours, VN al G. Berli'/n��• City Manager Is cc: City Clerk CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON Sl. IOWA CITY, IOWA 52240 319 354 1800 1657 • May 11, 1977 Eff foacity Susan Thorne, Jennifer Cobb, Kristin IVait, Barb Hogg, and Debbie Butler 1900 Morningside Drive Iowa City, Iowa 52240 Dear Ladies: The Iowa City Council has received your letter and has referred it to Public Works for consideration and reply. The City Council wholeheartedly supports your desires for increased City activity in solid waste recycling. As you know the City formerly picked up newspapers once a month; however, a rapidly declining market price necessitated a decrease in pickup to once every two months. A re-evaluation of this schedule is under consideration; however, for the near future the Council has decided that newspaper recycling shall be every two months. The City is actively investigating markets for steel and aluminum cans. If an adequate market exists we will set up procedures to try to collect aluminum and steel cans. We see viable markets in the area of newsprint, steel cans, and aluminum cans. The market for beverage containers and other types of products is almost non- existent in the Iowa City area and we would not contemplate further investi- gation into these items. We will be working on various items of recycling in the future and we do appreciate your support. �ffirks RrdWlard:asf Director of Publ RJP/jp cc: City Council CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319.354 1800 0 Jo. Hiner 115 E. College Iowa City, Iowa 52240 Dear Ms. Hiner: May 9, 1977 Thank you for your letter of April 12. The City Council recently adopted an ordinance to meet some of the concerns you expressed relating to the rights of Lesbian women in the Iowa City community. A process for pursuing complaints of discrimination based on sexual preference in the areas of employment and public accommodations was passed and has become law. Our Council is forward in its actions in the State of Iowa.on this matter, although there are other areas of the country where such pro- tection has been available for some time. If you are aware of any persons having problems which would be within the jurisdiction of our ordinance, please do not hesitate to contact me. Sincerely, Candy Morgan Human Relations Director CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 552240 319.354.18DO 16S7 0 0 IN THE IOWA DISTRICT COURT FOR JOHNSnN COUNTY HORACE AMIDON, et al., Plaintiffs, VS. Earl Yoder, Earl Yoder Construction Company, and City of Iowa City, Defendants. TO THE APOVE-MAME0 DEFE14DA14T(S): Equity No. 43640 nRIr,INAL NOTICE You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition on the above-r_ntitled action, a cony of which Petition is attached hereto. The Plaintiff's attorney is Druce Washburn. whose ad0e.ss is 528 South Clinton, Iowa City. Iowa 52240: You are further notified that unless you appear thereto and defend in the Iowa District. Court for Johnson County, at the county courthouse in Iowa City, Iowa, within 20 days after the service of this nr•:Oinal Notice upon you, Judgment by default will be rendered against you for the relief demanded in the Petition. �. E rar,on,i "vi n—r- Johnson County Courthouse Iowa City. Iowa 52240 NOTE: Persons named as Defendants are told to "appear thoreto and defend." These words are rot always understood. The reouired appearance may be mode either by the Defendant or by Defendant's attorney. IT TS NFCESSARY TO SERVE j AND r1LC A SPECIAL APPEARANCE, NOTION OR PLEADIK To PPFVFNT A DrFAULT (RULE 87). The attorney iwim is expected to appear for tho pefemeaet should be promptly advised by Defendant of the service of this Notice. IIJ1 VAY 1 " 77 ABBIE 57 GL FLU CITY CLX -RK LOGO IN THF TOHA DISTRICT COURT it+ AND FOR JOHNSON COUNTY Horace Amidon, Mayne nogley, ) Joseph C.errnak, 'Mona Cnroak, ) Dennis Chadwicv, Loren Hickerson, ) Equity No. 0;0 Lawrence Howsere, Mary Howsare. ) Constance Merl -pr, Harold Roqers, ) Colores Rogers, Parhnra '.nucek, Corrinu Sutor and Jack Young, Jr., ) 1 Plaintiffs, 1 vs. 1 1 F.arl Yoder, Fart Yoder Construetinn 1 A,r"r'TFn OFTTTTr^ Company and City of Iowa City, T l Defendants. 1 UK INTI' the Plaintiffs ,PA frr rhrir rnurr rr ar*inn Statr ns follows' 1. That Plaintiffs err- residerts of rrd taveayera it tlr rity of Iowa City, Johnson County, Inva. Iovra . 2. That Defendant Farl Yat -r is A r—J Arnt of ,iM•nsnn County, 3. That Defendant earl Yoder Constructing. Company is a corpora- tion orr,.anized under and existioin rurmont to the laws of thn State of Iowa, with its major place of business located in Johnson county, Tnwa. 4. That Defendant City of Towa City is a r•unicipal corporation organized under and existlnn nwrsurant to the laws of the state of Iowa. And located in Johnson County, Iowa. 5. That either Defendart rerl Yoder or nefPnrant rArl "ndnr Construction Company owns property lncated In Johnsor COUnty and I:nnv- locally as gn2 North Dodge `'treet. 6. That one of the nefendants Las henun huildlnn Ar erartment complex on the aforementioned property. 7. That on or shout "arch 1, lnrF, tle city of Tnwa Ciiv passed' Ordinance Y 2371. which zoned the Defendant's aforementioned rronerty B. That 4-2v zonlno prohibits huileire ir-nrrvPrmnts such as !that being built by Defendants. I S. That on or about Mercn 7. tali. 'wfendart C'rty rl :,wp ''Ity r I attempted to enact Ordinance A 2425 chenginn the zoninn of said nronerty to 10. That the attempted enactment of ordinance T M^c was not i in accordance with the, laws of the state of Iowa ir, the fnlinwina respects: i a, A protest by more than 2.r" of the adjoinire land - i ,jovmers had been filed invoking the 3/4 majority renuirement of lzectinn 414.5 of t!+e Code of Iowa (1966). I i i h. The City Council vote was 9 ayrs, 1 nav, 1 ahstontionl, which did not meet the requirement of Section 414.5 of tho Code of irwa (1966). 11. That said apartment complex is being built in vinlation of the City of iowa City's 7oninc Winanee " ?321. 12.. That plaintiffs, being homeowners adjacent to and otherv'iv, proximate to Defendant's property aforemnntionr_d, are suffering snrcial damages to a greater extent than the other residents and taxravors of the rite of low& City by reason of Defendant's violation of the zoninn prdinanco. Their «ncizl injuries include, but are not necessarily limited to, the following: a. Diminution of real pronerty values; b. Increase in traffic and traffic h117anl-s near their i homes; nelglihorhood; e. Increase in the transient nopulatinn of their d. orduction of aesthetic values in their reiehto rhoo4; P. .n.iscor'fnrt caused t,y tl,e ^roximit.v of lorge•sealf, construction worl,. i 11. The 4at^ane5 '-ine Sufferer aer' to I -r, <,i(ffnree t y nleirntlffs Iiare irreparable, and no adegu.nt^ rrtiP,(y at taw is nr -ill he availa''le to them. 'IKRFF'W Neintiffs 1,rov .n" Court fnr ,1 ^nrliratory du('nment statins I +the zvninc of the stOJ(•et Crry •r-'+, `r,r ae it itvictinn r^nui rine ttP ret^pvei of i Fall nonronformino im^rnvPrwnt� •-ri 'inn en the .ulirfl '�rnnerty. a -id for such other and further relief ra vv, ' iust aH env9tnhh +r the nrer'isrs. 1fY�;'intje. 6919) ]fit= ^77 0 1J FOR PRESS RELEASE MAY 13, 1977 FACT SHEET FOR ARBITRATION BETWEEN CITY AND IAFF LOCAL 610 I. WHAT'S THE DISPUTE? An agreement has not been negotiated with the Fire Fighters. The City has offered 6.5% while the Union seeks 8%. The City is proceeding to arbitration with this dispute for these reasons: 1. The Fact Finder's Award (Union's Final Offer) is too high. It is more than the City settled for with other employees and is higher than many other settlements the City surveyed. The average base wage increase for other Iowa Fire Departments is less than 6%. Other Iowa City employees will receive increases of 5% or 5�% (average for unit). 2. The Fact Finder's Award (Union's Final Offer) is based on the wrong reasons. The cost to the City of the Union's final offer is important, but there is another reason why the City is unable to accept the Fact Finder's report as a final resolution of this situation. The Fact Finder raised the issue of "internal relationships" between police officers and fire fighters. This was not raised by either the City or the fire fighters in the negotiations. Because the City of Iowa City has different needs and policies in the Police Department than in the Fire Department, the theory that police officers and fire fighters should maintain the same relationship in compensation unacceptable. The Fire Fighters have organized into a separate bargaining unit from police; they have a separate Union and did not raise the issue of internal relationships during negotiations. For these reasons the City is unable to settle this dispute on the basis of the Fact Finder's award. If the Fire Fighters are to maintain a wage relationship with a particular group they must bargain on that topic. CITY OF IOWA CITY CIVIC CLNTEH, 410 E. WASHINGTON Sl. IOWA CITY, IOWA 52240 319-354 1800 The Cit • not in a "catch-up" situatiotith this unit. A Fire Fighter at the top step has had salary increases of 18% over the thirty (30) months of this contract while the Consumer Price Index has increased approximately 135. Many employees also received additional step increases of 5% during the contract period. II. IJHAT ARE THE ECONOMIC BENEFITS AND FINAL OFFERS? FIRE FIGHTER (27 of 36 at top of range) FY 77 BASE SALARY ANNUAL $ 12,240 UNION OFFER: $ 12,240 + 979 13,219 CITY PLAN: $ 12,240 + 792 13,032 MONTHLY $ 1,020 UNION OFFER: $ 1,020 CITY PLAN: $ 1,020 + 82 + 66 1,102 1,086 (9 Fire Fighters not at top Step will receive approximately a 5% increase in addition to arbitrator's award.) --------------------------------------------------------------------- LIEUTENANTS (6 of 6 at top of range) FY77 BASE SALARY ANNUAL $ 13,356 UNION OFFER: $ 13,356 + 1,068 4,424 CITY PLAN: $ 13,356 + 868 4,224 MONTHLY $ 1,113 UNION OFFER: $ 1,113 CITY PLAN: $ 1,113 + 89 72 ,20 1.185 ----------------------------------------------------------- CAPTAINS (3 of 3 at top of range) FY77 BASE SALARY ANNUAL $ 14,592 UNION OFFEP.: $ 14,592 + 1,167 TT `139 CITY PLAN: $ 14,592 + 948 ,540 MONTHLY_ $ 1,216 UNION OFFER: $ 1,216 + 97 T -T. CITY PLAN: $ 1,216 + 79 Fire Fightere ll receive benefit increases `addition to the wage offer made by the City. PENSION BENEFITS: Fire Fighters belong to an excellent pension system. They may retire on ordinary disability at age 55 after 22 years of service at 1/2 of their highest 5 years of compensation. Their retirement benefits escalate with rising salaries of current employees. If the fire fighter is injured on the job he receives 2/3 of his highest 5 years compensation. Currently it costs the City 27.7% of base salary to fund the pension system. In other words, for every dollar increase in base salary, there is a corresponding 27.70 increase in pension costs. $1.00 = $1.27 VACATION BENEFITS: Additional vacation was awarded to Fire Department employees in order to obtain settlement on items previously agreed to. Because of the vacation formula (based on length of employment) some employees will receive more than others, but the average increase in the amount of new vacation is approximately JIMMin time -off over the course of the year for each person. QD III. WHAT ISS THE COST TO TAXPAYERS OF CITY OFFER AND UNION OFFER? ESTIMATED FY77 Bargaining Unit Payroll (45 employees) $ 564,552 City's Offer 6.5% 36,700 Additional Pension Costs 27.7% 10,170 Additional Vacation 2,000 Additional Health Insurance Costs 7,245 TOTAL:10.12% of FY77 unit payroll $ 620,667 Bargaining Unit Payroll (45 employees) $ 564,552 Union Final Offer 8% 45,165 Additional Pension Costs 27.7% 12,510 2,000 Additional Vacation 7,245 Additional Health Insurance Costs TOTAL:12.03% of FY77 unit payroll $ 631,472 • • ST. JOSEPH CENVERY Once again we approach the time of our annual appeal for the support of St. Joseph's ( •� Cemetery, The collection for this will be taken up in our Iowa City parishes next week. We are very privileged and proud of this common possession in our vicariate. The final resting place for the mortal remains of our loved ones is a peaceful beautiful spot, well kept and protected by very dedicated and capable men. Cur sexton Adolph Wille and his son Dennis Wille,our secretary John Bock and our own Phil Englert of St. Wenceslaus parish who has volunteered his professional en- gineering expertise to the good of our cemetery for many years, handle all of the day to day concerns of our cemetery, The pastors and one lay representative from each parish form the corporate legal board for the cemetery. The present board is as follows: St, Mary's - Frs. Karl Leveling and John Morrissey and Joseph Meyers: St, Patrick's - Fr, Cannon and Francis C. Thoman: St, Thomas More - Fr, Walter and Nick Welter: St, Wenceslaus - Msgr, Madsen and Phil Englert. Here is the current financial picture of our cemetery, from January 1 - Dec, 31, 76 RECEIPTS Sale of Lots $10,650,00 Burial 6,145,00 Collections 3,165.25 Aiisc. Donations and Income 727.00 Interest 2,350,00 Total $23,037.97 DISBURSEMENTS Wages 17,111.14 Operating Expenses 5,741.57 New Ejuipment 10,680,85 Backhoe $6100,00 Building 3168,06 Misc. 1412.79 Total $33,533.56 Burial Spaces Adult 250,00 i size adult 125.00 infant 50,00 cremations 25.00 Disi.nterrment 250.00 Reinterrment 125.00 Opening of grave: Adult 125.00 f size adult 75.00 infant 25,00 Saturday openings: Adult additional 50,00 } size adult 15,00 Infant 10,00 If graveside tent is required $25.00 extra, As the above Indicates the fiscal yonr of 3976 had npproximWL0 y a $10,000 deficit. This wac duo to the noeestliy of purehastn;' rravc ePeninfi oeuipmont.. He do urge your Renomus nupport of this united effort to honor our loved ones, /O4& Z a O T ` O %1 T u1 W H V cC {7H� u 7 7FW.: O 0 0 O O p 0 pe i G p C a u C! 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H d CA. {L tW a O O O O1 N 0 O H 1 0 v01 O .Ui o O O N O O O Y4 O u 0 N vs K K N O K 7 K O K N N H 9� C U$ 1 1 o O o 0 0 o e w o 0 6 0 '^� O O O O O O H O O O H 3 0 0 M 0 N Lm O 10 v O O O 17 N app M ry N Vl- K K N K N N N N K S O N —A z Z v O O O O OO O O O r0 O O 0 O O u1 O O O u1 O 0 O O N G M O N p n % O aV f'iv H In 11 t W 1 4i ? N N 4F K r4 N N N % K Y♦r 6 L I 1 ro O O O O 10 O 11 An) r1 O O 61 O q y� u� fro• O N r {L tW Ir F IJ N h 4 IN ^J r y n ''✓1 at N �+1 li .A �N a h .n Y, 1 � 45 15 At w u V 1•� WAAA ul N k. 14 . � w. 1•J r /. L! • N A- *City of Iowa Cit# MEMORANDUM DATE, may 10, 1977 TO: Neal Berlin, City Manager FROM: Denis It. Kraft, Director of Community Development RE: Monthly Report - April, 1977 HOUSING DIVISION GOALS: I. 237 UNITS SICTION 6, EXISTING UNITS, 72 SECTION 23 UNITS. Convert 88 additional units of Section 23 to Section 8 units. Continue to provide assistance to families under Section 23 reducing the number of units to 72 by June 20, 1978. II. 64 UNITS NEW CoNSTRUCrION UNDER SECTION 8. To assist in providing additional housing units for low income, elderly and handicapped persons. III. HOUSING ASSISTANCE PLAN. Provide input to the Housing Assistance Plan for the second year HMA application. IV. HOUSING OOf Iowa City I V. I2�Il•URC� V' saf C; C.ity'� APRIL X I. Dur waF Tot• 7wen: Fifteel, II. 64 units rc was omgjlet II3. Oa�Je�1r!. support to the rest of public health an for enforcing the ion 8 Program. one unit was terminated. ams, 267. were perforned. Wroved. V.atruction. Selec.-tion of tenants the 64 eligible applicants. 7V. The Housing C2amussion met on April 6, 1977. A special wneting was called for April 13, 1977. At the Special Meeting, the Housinq Maintenance "'d ax -Many Cnie was referred to Council with various pntm .rlW.l k�.1lN7E. V. See uttached. /063 0 0 APRIL 1977 1. NuWbr-r of structurt!s .i nspnct.ed Single family owner-occupiod 4 Single family P.ontal 27 Duplex struct:ur ns ._ 44 Multi.pl.e Family -- 112 2. !dumber of 5::elling Units Single family owner -occupied 4 Single family Rental 27 Duplex _87— Multiple 7Multiple Family 365 3. Number of ?coming Units Single family owner -occupied Single family rental Duplex. Multiple Family 1195 4. Of the 187 st 47 Cr re foun Cer.{ifi.cates were n•urber of type uni. Single family Single family Duplex Multiple 5. Of the 187 stri. Clef iciei t dor one ssued and rci.nsl,e, type of unit. Single family Single family , Duplex Multi:' -e ram11) b TrrPeCt'We Ipurrl ml.A OF v .I. Q! of r T1,.7,.A e, Handled by Minimum Bou ing Svel ion g b. Re'errrad to anolhcr Ar par tmOnt. 1 J, 1 nr.rrr•rt Or'- pprfnrm"d im rr n,o 1 & ).,..,,,r f/(ll't.y prior to ::nlr or tlUlitAt-r' r found in .�:rn i;.l i.rnae• 2 ul r' 'u'r bund 10 lwvf, Ir,u 3. 483 Rooming Units _0 -3— to t..o be -1 ers were r number and Arann i ny iln i f s_ 912 5 7 RETAKE OF PRECEDING DOCUlAF N' "I N 1� City of Iowa Cit* MEMORANDUM DATE: May 10, 1977 TO: Neal Berlin, City Manager FROM: Dennis It. Kraft, Director of Community Development RE: Monthly Report - April, 1977 HOUSING DIVISION GOALS: I. 237 UNITS SDCTION 8, EXISTING UNITS, 72 SDCTION 23 UNITS. Convert 88 additional units of Section 23 to Section 8 units. Continue to provide assistance to families under Section 23 reducing the nunber of units to 72 by June 20, 1978. II. 64 UNITS NEW CONSTRUCTION UNDER SDCl'ION 8. Tb assist in providing additional housing units for low income, elderly and handicapped persons. III. HOUSING ASSISTANCE PLAN. Provide input to the Housing Assistance Plan for the second year HCDA application. 1V. HOUSING cawaSSION. Provide administrative support to the Iowa City HousiM Commission. V. ENFOXE MI M&W HOUSING CODE. In the interest of public health and safety, increase efforts and revise plan for enforcing the City's Minisman !busing Code. APRIL ACTIVITY: I. During April, 29 units were brought into Section 8 Program. One was a Section 23 conversion. One Section 23 unit was terminated. Total units Section 8, 197. Total both programs, 267. Twenty-five annual, initial or final inspections were performed. Fifteen applications for Section 8 were approved. II. 64 units new construction. Under construction. Selection of teiants was carpleted and letters mailed to the 64 eligible applicants. III. Meted. IV. The Housing Ca:mission net on April 6, 1977. A special meeting was called for April 13, 1977. At the Special Meeting, the Housing Maintenance and Occupancy Code was referred to Wuncil with various page revisicna. V. See attached. /063 Monthly Repo 77 • 2. IZ�.611Ik14VV-PROM— AYI4MV4 I_ During May, two units will be converted from Section 23 bo Section 8. It is projected that ten new units will be brought into the Section 8 Program. II. 64 Units New Construction. Occupancy will begin the first week in June for the Muscatine addressed building. III. Completed. IV. Housing Commission. The Housing Conmission is scheduled to meet on May 4, 1977. This will be the first meeting for three new commission members. V. Minimum Housing. Letters summarizing status of each Fraternity and Sorority will be mailed this month. Many will require reinspection over the summer and may be refused Rental Permits if Cork is not done by August. Time extensions on several delinquent rental structures expire this month and could result in oourt action. Most effort this month will be expended on reinspection as Area A is completed. Attention will be given to a few properties where entry was refused. Approximately, 150 structures will be inspected. Charles Calef will be on vacation the first week of the month. APRIL 1977 1. NuWber of :;Lrocturees .i.nsper--Led Singh family own,'-r-occlipied 4. Si.ngle family P.ental 27 Dupinx structur.r:s 44 Multiple gamily 112 2. :'twiner of Units 483 Single family owner -occupied 4 --- Single family Rental 27 _ Duplex 87 )•)ulti ie Family 365 3. 17umber. of ?ooming Units Single- -family owner-occupi.ed Single family rental _5— Duplex. 11 Multiple Family 1195 Of the _187 _ structures inspected. 47 i•:_re found to be in compliance and CeH fjcates were issued. The break down by n•jnber of type units. Dwel.]..ing_Units Rooming Units Single family owner. -occupied Single family rental_0 Duplex 32 3. Nul.tiple —85_ 283 _ S. Of the 187 structures inspected 14_0 'were found to be d ' eficient or one or. snore reasons and_corrrctivo letters were issued and reinspection scheduled. The breakrlown by number and type of unit. 1 6. 1 7. .Single family avner occupied Single family rental Duplex Multiple family lla•ell ing ltnils %?nominy units X84--- 212. - 1rlS?e Ct]Gr:S pelf G7ined it_- a 7t GV]t_ c.f coill�JlaJl,t calls a. Handled by Minimum housing Section 9 b. Re`erred to another depar.Lment 1 fr.';pt-ci I(r-'.1- l`r,rforrPed )1y ri.r.-i.l...1 r,I !i.iy,'I-, 1111,.!1 ,1 u�..�it1, party prior to tale or i r,ulr:for r ;nerd in t•crmpli.nlcre 2 •'rr"r Iourid 1p l',.:'vn tlr-{it irrlrir•'-; j 7 3. n U 0 4'• 8. Units noted that dial not appear in prior records. 0 Dwelling units _0_ Rooming Units 0 9. Compliance Certificates issued for newly constructed structures/ units 0 Single Family 0 Duplex 0 Multiple _ 10. Recapitulation: 187 structures were inspected containing 483 dwelling units and 1211 rooming units. 47 structures containing 123 dwelling and X86 rooming units were found to be c in compliane with the Code. 140 structures containing 360 dwelling units and 925 rooming units were found to be deficient. A break down of the deficiencies noted is attached. • • 5. MINIMUM HOUSING STANDARDS Def.ici.roncics noted during the Month of APRIL 1977 by Paragraph Referral 0_7.06 Nuisances 0 9.30.4.8 Bathroom 9 9.30.4.1. Pl.umbi.ng 1 9.30.4.1, Hot Water _ 7 9.30.4.R Egress L2-9 12 9.30.4.0 Handrails 9.30.5.A 108 Window _ 30.5.0 Bath Vent _O_9.30.5.D hall Lights _149.30.5.E Outlets Electric _22_9.30.5.E n 9.30.5.E Main Service n_9.30.5.F Heat Vents & Air _p_9.30.5.G 7 9.30.5.I P&T Extension _ 2 .30.5.I P&T Valve 30.5.J Screens r0_9.30.6.A Walls, Floors, Windows �9.30.6.D Doors Fit D_9.30.6.E Bath Floors 3 9.30.6.11 Outside Outside Bldg.and Eavcs __1_9.30.6.K �_9.30.7.A Floor Space Bedroom Size _i9.30.7.A _ 30.7.0 Path of Bath 2_9.30.7.D Ceiling 0_9.30.7.E Cellar 0 9.30.7.F.1 Basement Dampness 0 9.30.7.F.2 Basement Window _ 9.30.7.F.A Basement Height _C 0 9.30.8.A Shared Area _ 1 9.30.8.E Insects 0 9.30.9.H Cubic Feet 12 9.30.9.J Fire Ext. 3 9.30.9.L Furnace Isolation 0 5.802(3) of the Iowa Administrative Code One Hour Fire Door 0 413.46 State Code of Iowa -3rd Floor Dwellings 0 Uniform Fire Code Section 15. 312 -Sources of lunition 0 Uniform Fire Code Section 27.201 -Accumulation of Waste Material • E 91 CDBG DIVISION April 1977 GOALS: I. Program Administration: To continue the establishment of CDBG project administration procedures -- environmental review processing, financial monitoring, compliance procedures, and sound record keeping. II. Project Development: To monitor the development of CDBG funded projects to better insure CCN, City Council, and HUD satisfaction with program goals, objectives and progress. III. Program Coordination: To coordinate all CDBG projects to accentuate their success and effectiveness and to minimize duplicated research. APRIL ACTIVITIES: I. The third year CDBG application was submitted to HUD for review and approval. II. HUD officials visited to monitor activities and submitted favorable comments about our progress. III. Program development problems,such as developing final draft of the Rehab Financing Handbook, determining procedures for confidentiality and rehab staff responsibility for construction work, and evaluating architectural barrier solutions for Civic Center and Library. IV. Two neighborhood meetings were held to promote rehab and discuss site improvements. V. Appraisals were sought for CDBG property to be acquired. VI. Pamphlet of CDBG program accomplishments was drafted. VII. Activities on the accompanying chart were monitored with assistance provided as necessary. PROPOSED MAY ACTIVITIES I. Presentation of neighborhood residents' site improvement ideas will be prepared for Council review. II. HUD questions about the site visit and application submitted will be clarified. Ill. Relocation details for Mr. Dryer will be figured out. IV. Purchase Offers will be prepared after Council determines "Just Compensation" for properties to be acquired. V. Plans will be drafted for 1'Y '78 new CDBC projects. MONTHLY SUMMARY OF CDBG PROJECT ACTIVITIES CDBG PROJECT I APRIL ACTIVITIES 1. Comprehensive *General Survey was mailed to all Iowa City Plan residents. Five neighborhood meetings were held *Zoning Ordinance was drafted. *Comprehensive Plan goals and objectives were discussed and statement to be included in the Plan drafted in preliminary form. I 2. Human Needs Study *Service agency survey instrument was prepared in final draft. *Committee of Johnson County agencies reviewed work program activities. *Plans will be made to present Human Needs program to the City Council. 3. Neighborhood *3 applications for the REHAB I loan program were Improvement processed. Program *Rehabilitation Financing Handbook was prepared in final draft for approval by the City Council. *Publicity program included two newspaper articles, two radio talks, presentations at two local organizations' meetings, and presentations at two neighborhood meetings. *Construction contracts have now been let for S houses. 4. Housing Code 483 dwelling units were inspected. Enforcement 1211 rooming units were inspected. lel structures were visited. 47 Certificates of Compliance were issued. S. Architectural •Civic Center improvements were reviewed by the Barrier Realloval City Council. Program 'Recreation specifications will be developed for coutructor selection. PROJECTED MAY ACTIVITIES *Citizen input report will be prepared. *Mork will continue on Plan goals and objectives. *Work will continue on the new Zoning Ordinance. *Topical Report returned from the printer will be publicly distributed. *Selection of needs assessment methods to be used by subcommittees. *Development of work plan for subcommittees and Human Service Committee as a whole. *Development of Survey instrument for private psychologists and psychiatrists. *Resolution to formally approve the Housing Rehabilitation program as developed will be presented to City Council. *Casework in Longfellow School area and area east of the Civic Center will continue. *It is the goal to have 9 structures under construction during May. 41 *Reinspections will continue. *Initial inspections in areas 9 and 11 will continue. *Finnl plans for Civic Center improvements will be made. *Work program for Recreation Center improve- ments will be developed. 'Parking program will be implemented. CDDG PROJECT APRIL ACTIVITIES PROJECTED MAY ACTIVITIES 6. Park Improve- *Appraisal for Happy Hollow Park expansion was *Council will review appraisals and determine ments and received and reviewed. "Just Compensation" for Happy Hollow and Additions *Park improvements included tree planting, comple- Hickory Hill. tion of playground equipment installation, seeding *Tennis and swimming pool lights will be in - of pond paver blocks, construction started on stalled and working. lighting for tennis courts and ball diamonds. *Let contract for Mercer ball diamond lights. Villa and Wetherby improvements are finished. *City Park playground equipment and tree planting to be completed. *Pheasant Hill slide to be installed as final improvement. • 7. Urban Renewal *Continued work on solicitation documents. *Solicitation documents will be presented to Land Acquisition *Financing plan was established by the Council. Council. *Developmental controls were drafted and will be *Land will be placed on the market. discussed by Council in May. *Developmental controls will be determined. *Work program for summer activities was developed. 8. Committee on *Copies of the Performance Report were distributed. *Code Enforcement program will be reviewed. Community Needs *Site Improvements program possibilities were *Comprehensive Plan will be discussed. discussed and neighborhood meetings planned. *Plans for election of officers will be made. *Park Improvements programs were discussed. 9. Ralston Creek Flood Control *Appraisals were received and are being reviewed. *Relocation procedures began for Mr. Dryer. *Council will review appraisals and determine "Just Compensation." t, *Final solutions report continued development. *When the easements and properties are acquire •Consultant report of existing conditions was construction on interim projects can begin. distributed. *Work on the final Plan will continue by Powers -Willis. 0. Innovative *Quarterly report was submitted to HUD. Neighborhood *Assistant Planner was assigned to coordinate the Research City's role in the research project. *Four small group neighborhood meetings were held. m 0 DUALS: RFHAB DIVISION April 1977 0 1. Staff orientation (especially loans) through ,lune 1977. 2. Complete the financing package to include grants (February 1977), forgivable loans (February 1977) and low interest loans (May 1977). 3. Develop approximately 30 contracts by ,lune 30, 1977. 4. Continuing overview on site improvement program. S. Develop viable PR program. APRIL ACTIVITIES: 1. Training sessions: April 4-8, April 25-28. 2. Completed draft financing handbook which includes no interest loan program. 3. Construction in progress on 4 homes. Value $32,000. 4. Conducted the following program activities: a. 8 financial surveys b. 9 structure surveys S. Daily construction inspections on homes under construction. 6. Identified 5 potential City loan candidates. PROPOSED MAY ACTIVITIES: 1. Training session: May 16-20. 2. Council approval on loan program expected May 16. 3. Begin construction on 5-6 homes (depending on Council action). 4. Begin identifying our next target service areas. No 0 0 10. APRIL REPORT ADVANCE PLANNING DIVISION GOALS: 1. COMPREHENSIVE PLAN -- to proceed with planning work so that the three main areas can be developed according to schedule: 1) a City Plan, 2) a Zoning Ordinance, and 3) Citizen Participation. 11. RIVERFRONT COMMISSION -- to continue staff assistance. III. URBAN RENEWAL -- to provide assistance as needed. IV. COBG ADMINISTRATION -- to provide assistance as needed. V. PERSONNEL -- to fill the vacant planner positions. VI. CITY ADMINIS'T'RATION -- to provide assistance as needed. APR 11. ACTIVITY: I. Work in Comprehensive Planning continued as follows: City Plan -- production of approved topical reports continued and further refinement of the community facilities, landforms and economics continued after de- partment head and CPCC review. Zoning Ordinance -- distribution of the draft single family lot standards was delayed due to work on Citizen Participation. Citizen Participation -- analysis of the sample survey was performed and a summary report was issued. The City staff assumed responsibility for the development of the "IOWA CITY PLAN - People's Guide F, Survey" and produced the mail -out tabloid on schedule. The Guide $ Survey was distributed to over 23,000 Iowa City households and at the end of the first week over 890 surveys had been returned. Five neighborhood meetings were held the week of April 25th with good atten- dance at each. II. Staff assistance to the Riverfront Commission continued with work on the River Corridor Overlay Zone. 111. Staff assistance to urhan renewal included attendance at meetings and assistance to Sasaki Associates. IV. Staff assistance to CDBG administration continued. V. Assistant planners positions were filled with one planner beginning work in April. V1. Staff assistance to City Administration continued with graphic work for other departments. PROJECTED AC'T'IVITY: 1. The essential planning: activities necessary for the development of a City flan and a Zoning Ordinunce will continue on schedule. • 0 11. 11. Staff assistance to the Riverfront Commission will continue. 111. Staff assistance to Urban Renewal will continue. Iv. CIIIiG assistance will continue. V. Assistance to City Administration will continue as requested. VI. Increased involvement in the Northside Neighborhood Project will be carried out by the new Assistant Planner. WITAILED REPOR'r 01- COMPREIIENS1V11 PLANNING AC'rlVI'rIES: Planning'rechnicians -- During April the Planning Technicians provided graphic for the Planning and Zoning Commission, City Administration, and planning projects. 'I'hcy assisted in Citizen Participation, summarized the reports and prepared final copy for printers. Assistant Planners -- During April the Assistant Planners worked in several areas as project leaders for planning tasks. The planners worked on the Floodplain Ordinance, Utilities, Community Facilities, Landforms and Economics analysis. Additionally, the Assistant Planners assisted in the preparation of the People's Guide G Survey. Senior Planner -- The Senior Planner directed planning acitivities and assisted in the citizen participation process. Additionally, the Senior Planner continued research of the new Zoning Ordinance, worked on the Land Use Locational Factors, Land Use Concepts, Landforms and Community Facility Reports and parti- cipated in Urban Renewal activities. SPECIAL NOTE Getting the"People's Guide 6 Survey" out on time required a lot of cooperation hetween various departments. Special thanks to Police, Pinance and Parks and Recreation for their help. 12. MONTHLY REPORT CURRENT PLANNING DIVISION APRIL ACTIVITY: Staff Reports were prepared for three preliminary plats, three final plats, a preliminary Large Scale Residential Development plan, a final Large Scale Residential Development plan, a preliminary Large Scale Non -Residential Development plan, a final Large Scale Non -Residential Development plan, a final Planned Area Development plan, a street vacation request, an alley vacation request, a rezoning application and three variance requests. In addition, special projects which were completed include (1) a study to determine the appropriateness of a tract of land located west of Mormon Trek Boulevard zoned CH, and (2) development of an ordinance with an explanation of intent to amend the parking regulations of the zoning code to establish revised parking requirements for the CBS Zone and for retail uses in general. Development of a policy study in regard to county subdivisions within the extraterritorial jurisdiction of Iowa City also commenced. PRO.1r:C'rBD ACTIVITY: No specific numeric objectives for subdivision plat reviews, rezoning application reviews, etc. are established due to the impossibility of predicting the number of submissions which will be filed. Development of the policy study regarding county subdivisions will continue and be completed in May or June. s REDEVELOPMENT DIVISION MONTHLY REPORT GOALS: I. Carry out project management procedures and prepare management documents and records consistent with City Council policies and HUD requirements. II. Carry out a program of land marketing consistent with City Council decisions and HUD requirements. III. Carry out financial settlement and project closeout as soon as possible, consistent with sound program management. APRIL ACTIVITIES: I. Planning: a. Held meetings with Jack Leaman regarding procedures to be followed con- cerning design of the street malls. b. Reviewed the Plans for Lindquist Center Phase II. c. Prepared amendment 5 to the Urban Renewal Plan. II. Marketing: a. Had discussions with numerous individuals interested in purchasing disposition parcels. b. Completed draft 1 of the solicitation of offers to purchase and redevelop land. III. Management: a. Completed a consolidated execution schedule indicating key dates, and dates for Council action on the design and construction of the street malls, the G.O. bond issue, and the land disposition program. b. Offered Module H for rent to the two existing businesses adjacent to the module. Both declined. c. Prepared an amendment to the Building Code to make certain exceptions per- missable for officially designated historic structures. d. Revised the Design Review Procedure for plan submission reviews. e. Reviewed the draft contract for services with Associated Engineers. f. Completed and presented the project finnncinp. plan. 0 IV. Administration: -z- a. Initiated processing of two relocation claims. b. Had discussions and correspondence with ISBT regarding the construction of the alley in Block 101. PROJECTED ACTIVITIES: I. a. Complete disposition documents. b. Market land. *City of Iowa Clio y y d tia k 1 i I DATE: May 9, 1977 TO: Dennis Kraft FROM: Bill Keating RE: Northside Neighborhood Preservation Study - Monthly Status Report Work continues on presenting the results of the neighborhood survey to the residents. The normal channel for this effort is the block meeting. Typically, the block meeting consists of residents of one or more of the neighborhood blocks, as identified in the survey. Participants are briefed about the nature of the survey and how it relates to their particular portion of the neighborhood. Discussion regarding the resi- dents' attitudes toward the neighborhood and the problems associated with it usually takes a great deal of the remain- ing portion of the meeting. To date, of the 14 block meetings originally planned, eight have been held. One additional meeting, beyond the original 14, is being considered in order to accommodate renters within the neighborhood, who have been conspicuously absent from the meetings held thus far. Student staff members of the project have begun writing minutes of each meeting which will be distributed to participants upon completion. Also, student staff members have begun preliminary Proposals for dealing with problems identified at the block meetings. These "proposals" are not intended as specific courses of action, rather they are designed as informational tools which define potential solutions which hold the most promise for ameliorating negative impacts. HK: ds FINANCE DEPARTMENT ACTIVITY RIiPOR'I' APRIL, 1977 FY 77 GOALS: I. To evaluate the use of City -owned or leased computer equipment and provide written recommendations to City Manager. A feasibility study conducted by the University of Iowa staff is pending. II. To convert the utility billing system to actual read billings and flat rate sewer charges by August 1, 1976. Goal complete III. To complete a City risk management evaluation. Preparation for presentation to Council on May 23 continued. In addition, the following additional coverages are being investigated: I)• Professional liability errors and omissions coverage 2) law Enforcement officers liability coverage 3) Bonding - increasing limits of City Treasurer; bond for new Airport Commissioner and Lyle Seydel (per FUD requirement). 4) Investigation of possible defensive driving program. IV. To modify the Budget and CIP Manuals to incorporate detailed procedures for Management by Objectives by June 1, 1977. Preliminary work on budget manual began April 25. Discussion with Council now scheduled for July 11, 1977. FY 78 GO4LS: I. Implement an efficient and economical City microfilming program which would reduce archival storage space, facilitate retrieval and allow second copies of valuable records to be economically reproduced and stored for safety. April - meetings were held with many City divisions by the Purchasing staff to document the applicability of microfilming in each division as well as an initial idea of future volumes. 11. Increase the level of service to the Print Shop by installing an automatic collator. Project is complete ,pending delivery and installation of collator. *a• ADMINISTRATION SUBGOAL ACTIVITY: Budget adiustment procedure upduted Pet licensing issuance heing investigated to switch that function to Anmwl Shelter. Procedure for the collection of past due accowits finulized and not% implemented. .1063 April Activity -2- Finance Department KJRC11ASING SUICOAL ACHVI'1Y: DATA PROCESSING - F ui ment Maintenance System - the system was brought current during April as planned. Future e orts will be directed toward documentation of system and dissemination of information to users. Pa 'o—ll - refinements to the existing payroll system were discussed with Sta-Fed an implementation was begun. Landfill - creation of an accounts receivable system to handle the commercial ]anthill disposal fees was discussed with Sta-Fed. Programming is scheduled to begin in May. Utilities - modifications to the utility system to handle the monthly residential lancTfill disposal fee were discussed with Sta-Fed. Programming is to begin in May with full implementation 7/1/77. 11NTA GRANT' - The 20 buses were delivered and replacements for incorrect tires made. Coaches were accepted and placed into service. Cambus radio specifications are scheduled to be mailed in May. Much time was spent with necessary paperwork, licensing, working out problems, etc. ACCOUNTING SUBGOAL ACTIVITY: SALES TAX - sales tax audit was reconciled and changes made to applicable depart- ments. IANDFILL - a new landfill billing system to be implemented July 1 was proposed and discussed. New permit design was selected. IKIJIPMINI' MAIN'I-MAMT - prior months' work orders, fuel tickets, and outside service orders were processed for keypunching. Prior months' edits were reviewed and corrected. TREASURY .9JBG0U ACTIVITY: INCREASED ENrORCD M IN TRAITIC FINE COLLECTION - May Activity: Reviewing certified letter process for developing procedure for filing these accounts with Johnson County Court. We therefore could work with higher amounts which are more likely to be followed with issuance of arrest warrants. 0111.1741INNATION OF REI11Sr: DISPOSAL 01ARGli ON UTILI'T'Y BILLING SWUM - Pending: Will work with Tom Struve and computer progranming service to identify persons excluded from garbage pickup and the process of changing program to include this charge on the water billing effective July 1, 1977. 0 0 Monthly Report POLICE DEPART14ENT April, 1977 General: Activities in both major divisions increased substantially during April as compared to the previous month. The Depart- ment received 2,578 requests for service in April; up 500 from March. Animal Control received about seventy more re- quests for service in April than in the prior month. Larceny, assaults and disorderly conduct led the list of offenses most frequently reported. Apparently as spring comes, the sap rises and the saps rise. Motor vehicle acci- dents rose substantially during the month. Coupled with the rise in requests for police services was an increase in arr- est rates. A total of 184 follow-up investigations were worked by detectives, with twenty-seven arrests effected. Monthly statistics are appended to this report. Personnel: Four officers were hired to replace vacated positions dur- ing April. These officers are presently enrolled in recruit school at the Cedar Rapids Police Academy. Goals: Radio equipment was delivered in April. Installation is expected to be completed in a couple of months. With a few finishing touches needed, the locker room is almost completed. /063 COMPLAINTS RECEIVED BY POLICE 1. CRIMINAL HOMICIDE ,2. RAPE 3. ROBBERY 4. ASSAULT 5. BURGLARY ti 6. LARCENY 7. AUTO THEFT • OTHER ASSAULTS 9. FORGERY AND COUNTERFEITING 10. EMBEZZLEMENT AND FRAUD n 11. STOLEN_ PROPERTY 12. WEAPONS 13. 14. SEX OFFENSES 15. OFFENSES AGAINST FAMILY AND -CHILDREN 0 NARCOTIC DRUG LAWS 17. LIQUOR LAWS 18. DRUNKENNESS 19. DISORDERLY CONDUCT 20. VAGRANCY 21. GAMBLING 22. DRIVING WHILE UNDER THE INFLUENCE OF LIQUOR 23. VIOLATION OF ROAD AND DRIVING LAWS tt,u. 31!73_ MAA. APR.1•11tY. J111. J3;L.AUC. S—F. CC':. e. � eeeeee ee .eeeeese ee MENEM ee eee ®Meeeeee ee Me®MeeeMIeee eeeeeeEeee eee I eeeeeeee ®®Me�eeeeee ®eeeeee ee Meeeeeeee oeeeeeee oeeE ■ Emma �e ■ ®®meeeeeeEM BEENE■ ®: . 25. LvTnR VTOLATIO',!!! 07 TRAFFIC A"!) ROTOR VFJIICLr, LA'.1S: 52 886' 35 831 33 958 23 1191 01•TVISES: 19 29 78 87 27. SLSPICI01.: 45 45 34 62 28. LrST: 25 38 88 124 29. ?OL'!ID: t0. ?ATAL 1!OTOII VGIIICL!: TRAFFIC ACCIDT'IITS' 1 0 0 0 31. 7=01.!AL II:JIIRY 1•!OTU^. VEfL'CLC THAI'PI(: ACCIllF.I!fS: 14 14 16 28 032, P201LRTY LA!'AOf 11UTOR VL•'}IICLC TIUIPFIC ACCIDF.IfI'S: 269 128 116 .142 0 0 0 0 33, OVILr, TTJJTIC ACCTLIITS: 0 0 0 1 3 L. P'DLIC ACCIT�}.'TS: -1 0 0 .0 I 15. 1!'01?' _1.291:S1ITS : 0 0 0 0 3G. OCCUPAT'0!'.A'. ACCT.D2!TS: o 0 0 0 37, ' I''~A!!!S ACCn,T-"rS: i 3 4 58 77 62 � 30. l�JI1L1L: 0 0 0 1 pp 39. J'JiVIDLSi 3 2 0 0 SUICI^ES A^.r .'ITTGD: i 3 1 1 0 .'DDC!! D?ATR VD PODIFS FOIIIU): 1 13 6 s 142. SICY. CA%lm "0", • 3 2 7 12 143, 1"..'OrAL COTO 1 3 2 2 23 32 62 76 18 16 T1 22 47. 12 4 2 1 (.ARRESTS MADE BY POLICE 1. +CRIMINAL HOMICIDE 2.4 RAPE T. ROBBERY 4. ASSAULT 5. BURGLARY 6. LARCENY - THEFT ' 7, MOTOR VEHICLE THEFT BOTHER ASSAULTS 9. ARSON 10. FORGERY AND COUNTERFEITING 11. FRAUD 12. EMBEZZLEMENT 13. STOLEN PROPERTY Buying, Receiving, Possessing 14. VANDALISM 15. WEAPONS Carrying, Possessing,etc. 10 PROSTITUTION AND COMMERCIALIZED VICE 17. SEX OFFENSES 18. NARCOTIC DRUG 'LAWS 19. GAMBLING 20. OFFENSES AGAINST T11E FAMILY AND CHILDREN 21. DRIVING UNDER THF TNFlAWNCF 22. -LIQUOR 'LAWS 23. DRUNKENNESS 24,. rTS4 m",f.T rrxMMr m .!Ar!_ 1.11:11 TaAR_ APRA-TAY. XM!. JUL.AUC. 57P. OC-. epeie eeee�eeee ee , IN ONE ME BEE 0 0 NMEEEMO o®oeeee eeeee eeeee ee0IMEMMMIMIMEM eeee ©e I eeeee e© NEE MEN oeoeeeeeeee ME®e eeeeee MEM© MEMO ee ' ' e e , eee e�iii eeeeeeee sees M 0eee N.i. �NOJ� -DEC. a DATE: April 6, 1977 TO: K. L. Stock FROM: Det. Sgt. Crowley RE: Monthly Reports - April MONTHLY 14ORK SUI.94ARY REPORT DETECTIVE BUREAU APRIL 1977 Total Investigations 184 Total Miles 3802.0 Officer Observed Comp. 8 Radio Dispatched Comp. 79 Felony Arrests 6 Misdemeanor arrests 9 OPSVUI Arrest 1 Juvenile Arrest 11 Cases assigned to Bureau from Records 72 • SCHOOLS • JANUARY: SCIENTIFIC INVESTIGATION OF CRIME Louisville, Kentucky January 3 through 14, 1977 James Linn Vic Clime ILEA 44th Camp Dodge January 3 through 11, 1977 Dan Dreakman ILEA 45th Camp Dodge January 17 through February 25, 1977 Pat Tadlock DEVELOPING POLICE COMPUTER CAPABILITIES Las Vegas, Nevada January 10 through 13, 1977 Bill Cook FEBRUARY: POLYGRAPH SCHOOL Philadelphia, Penn. February 14 through March 25, 1977 Bill Cook LEGAL PROBLEMS STREET OFFICERS -- Cedar Rapids, Iowa February 24 and 25, 1977 Pat Klug Becky Neuzil MARCH: ILEA MANAGEMENT SCHOOL Camp Dodge Me rrh 7 through 11, 1977 Don Strand APRIL: SAFETY WORKSHOP Camp bodge A1,ri1 27 and 29, 1977 Bob Stika Churk Siulflemsn This Month This 11,mth This Year List Year (Last fear) to Date to Date gyp. Gr:nplaints t fan Taints otal CGmplaints mpounding Record Voluntary (Fogs) Pick up (Togs) Owner (Cats) Stray (Cats) isposals Dogs Adopted Dogs Reclaimed Cats Adopted Cats Rec]aimad SUI DOGS _ n ' �9 SUI CATS T.S. Togs .T.S. Cats _ —7 _J C°:(Ni �ees evenue (in dollars) Adoptions° SUI Impounding.7 ickets Issued sac..°o sso.-moo o 1 3.oo ��. �7_7.8�� �� 1 er Animals Picked Up Pac000n— OPposum Bats Birds, Fval Wild, other Skunk Livestock Other y(,� —J _1 _I n— og Bites "then Bites t Bites 111_-- _I_ba_. I 1ha�.l�u4•,Pq-- _ y-------- ___�i..__ __ — 1J-- -- 1E�tst_l9auas��y_, _ �—( - �d _. .Q.-_ abies (Confirmed) -- �_-. _—__-• 14C T.0 ----U-._.— _. -_ . _. --• 1 I-- ---.0____ __ _ fps d Anirals PicY.ed ikes • IOWA CITY FIRE DEPARTMENT MONTHLY REPORT APRIL 1977 ROBERT P. KEATING, FIRE CHIEF APR'L ACTIVITIES 0 The Iowa City Fire Department responded to a total of 45 emergencies during the month of April. Total loss due to fire for the month of April was $10,359. The testing of all Fire Department hose was completed during April. The department has available in first class condition. 2,600 feet of booster 5,450 feet of IV 15,000 feet of 2y" 300 feet of 3" 600 feet of 4" During the year and while testing a 150 foot section of 3" hose, the hose was lost to service and should be replaced. In-service fire inspections of the outlying businesses were completed late in the month. FY77 GOAL To restore reserve equipment to an acceptable level. Reserve Engine 365 was stripped down in preparation for restoration. Projection is scheduled for completion during May. FUTURE ACTIVITIES Start spring inspection of all S.U.I. Buildings. Continue station work as needed. Test Fire Department pumrprs from draft, for pumping capacities. JG 63 NVITHLY REPORT • FIRE DEPARTNEIIT • 1.I0'1TH OF APRIL 1977 FIRE DEPART'IENT ACTIVITIES THIS 11011TH THIS YEAR TO DATE LAST YEAR. TO DATE FIRE ALAPJIS 16 90 110 1�1"SCNE ORt, 4 A lb 1137 -AK 12 9 _ �_11 9 9 31 37 57- 26 TOTAL E'IERAE11CIES 45 188 212 IMSPECTIO'!S 304 911 Rna u' ur . G PER.11ITS 142 165 94 F T 1F jMWE PERNITS_ 7T FIRE PPEVVITIOU PR 1 10 31 COMPLAINIS 5 0 0 MI 16Y 29 R S 134 506 636 z 0 7 4 wTRU" 3 11 33_ 24 0 0 1 FIRE SCHOOB 0 0 16 57 in 2 CITY EMUGUISM–TEM17— 27 NJURIES TO FIRE Ui.'fTERS 2 14 0 1 1 0 CLASSIFICATION NO. THIS USE OF E!!UIPI.lWr THIS MONTH LOSS THIS M0117A VALUATION LOSS THIS YEAR LOSS LAST YEAR THIS YEAR THIS MOUTH THIS YEAR AT FIRES AT DRILLS SAT DRILLS rt. yr .•) rnoc 1 n i n I inn i ann N 00 4 1350 2950 TT—Mg�l � 214-1 991L. 1200 2375 OF 24 79 0 8 (:SEV 21 29 CAR 350 0 T 1F 7T 37 10 31 361 0 0 16Y 29 47 12 34 1 RICK 363 z 7 4 wTRU" 0 0 6 24 0 1 1 16 57 in 1' 2 PRIL 1977 LIE it, 1,056 ,R46.2fi ,100.00 .09 .00 .00 .00 ,794.00 ,792.13 .on ,375.00 074.00 700.00 .03 311.13 .00 .00 .no van #369 7 The Fire Department Officers conducted a total of 134 various drills, the firefighter received a total of 663 man hours on the job of instruction. The Fire Department was very busy this month working on testing all Fire Deparment hose. Any hose that was broken, was repaired by personnel and retested and placed back in service. 7V Lawrence H. Kinney TRAINING REPORT • a April 1977 Shift #1 No. of Hours 215 No. of Drills 42 Shift #2 No. of Hours 154 No. of Drills P9 Shift #3 No. of Hours 294 No. of Drills 63 TOTAL NO. OF HOURS 663 TOTAL NO. OF DRILLS 134 EQUIPMENT AT DRILLS 4" Nose 600 'Druck #354 10 3" 11080 100 car #360 0 2.3." Hose t�" Hose 11000 1350 Truck #361 Track #j62 8 12 Ft. of Booster 1200 Truck #363 7 Yt. of Ladders 0 Truck #364 6 Times Pump Used 29 Truck #365 5 Nozzle Lines P9 Truck #366 10 Othor Minor Equipment Truck #367 10 van #369 7 The Fire Department Officers conducted a total of 134 various drills, the firefighter received a total of 663 man hours on the job of instruction. The Fire Department was very busy this month working on testing all Fire Deparment hose. Any hose that was broken, was repaired by personnel and retested and placed back in service. 7V Lawrence H. Kinney 0 0 To: Robert P. Keating, Fire Chief Subject: Monthly Report Date: May 5, 1977 The following is a report of the activities of the Fire Marshal's Office for the month of April 1977. The Fire Marshal attended a Flammable Liquid Seminar presented by the Iowa State Fire Marshal's Office at Des Moines, Iowa. Also attended the Hawkeye State Fire Safety Meeting at Des Moines. Program was conducted by Mr. Donald Apell who discussed the State Building Code and requirements. Public Relations: We had Smokey the Bear from the StAte Forestry Division visiting the pre-schools. Thirteen pre-schools were visited. Over 200 children were happy to see and hear Smokey give fire prevention talks. Thanks to Fire Fighters Gen^ "issink, Richard Craig, Les Schaapveld, and Frank Dolezal for doing an excellent job helping with Smokey. Tape for KXIC on Fire Prevention Article for Press -Citizen on cellulose insulation. Fire Prevention Talks - 2 Follow up Inspections - B These were special inspections made on the uptown area that Fire Department Officers requested the Fire Marshal to enforce and send Correction Letters. Set Fire Investigations - 1 This was a closet fire at Mark IV Apts. Fire Chief and flrn Marshel talked to 2 juvenile boys. One will be turned over to the County Probation Officer. Building Plans Review - 6 These are from the Building Officials. Sprinkler Plan Review - 3 Special Inspection and Corrections Multi -Dwelling - 6 Mercantile - 6 Day Care - 2 New Building - 1 Fire Escape - 3 Restaurant - 2 Apartments - 4 Complaints received and corrected - 3 Frat Houses - 2 Sorority - 4 Drinking establishments measured for crowd capacity 2 Meeting with various architects - 5 Meeting with S.U.I. Security - 1 Meeting with Building Officials - 4 Meeting with Real Estate Personnel - 3 Lawrence H. Kinney Fire Marshal 0 0 AGENDA IOWA CITY RIVERFRONT COMMISSION CITY MANAGER'S CONFERENCE ROOM MAY 18, 1977 - 3:30 P.M. Item No. 1 - Meeting to order. /06 -�( Roll. Item No. 2 - Approval of the minutes of the March 16 and April 20 meetings. Item No. 3 - Discussion of canoe trip (scheduled for June 4). Who will be invited? Item No. 4 - Report by Len Brandrup on Federal programs for which Iowa City is eligible. Item No. 5 - Discussion of meeting times during June, July, and August. Item No. 6 - Adjournment. /06 -�( • • RESOURCES CONSERVATION COMMISSION �G��I TERM TERM NAME BEGINS EXPIRES Roberta Eide May 10 Jan 1 922 East Church 1977 1979 Res: 354-3985 Richard R. Dague May 10 Jan 1 1855 Graslon Drive 1977 1979 Res: 351-2747 Bus: 353-3388 Harold Stager May 10 Jan 1 1221 Kirkwood 1977 1979 Res: 338-1803 John D. Houck May 10 Jan 1 432 Kimball Road 1977 1979 Res: 338-7305 Philip G. Hotka May to Jan 1 1908 G Street 1977 1980 Res: 337-3521 Charles W. Denniger May 10 Jan 1 30 Durham Court 1977 1980 Res: 351-3554 Bus: 354-4700 Ira Bolnick May 10 Jan 1 525 Iowa Avenue 1977 1980 Res: 338-8619 �G��I `SLOW' RISE IN PROPERTY TAX IS TOLD In comparison to increase IBI sales, Income tax By JOHN HYDE Main SUN w~ The property tax, the Iowa Legis- lature's arch villain, has increased slowly since 1962 in comparison to the state's two other major sources of revenue, a recent analysis of property tax trends over the last 15 years shows. Between 1962 and 1976-77, property taxes paid by Iowans increased about 120 per cent, while the slate sales taxes increased by about 100 per cent and stale Income tax revenues increased tenfold. Since 1971,property taxes have increased about 21 per cent, while income taxes have more than tripled. The study implies that the Impact of the properly lax, unquestionably the most controversial of Iowa's taxes, has been widely misunder- stood, and perhaps exaggerated. A key element in the mtsunder- standing is the belief that the share of the property tax burden carried by agricultural land Is increasing dra- matically. Farm Sector Stable However, according to Drake Uni- versity economist Steven Gold, the share of taxes paid by the agricultur- al sector has remained almost constant since 1962, while the propor- tion paid by homeowners has increased "considerably." "Initially farm taxes were much higher but now they are approximate- ly equal to those on homes." said Gold. This is true despite the fact that farm assessments arc 12 per cent' higher that) residential assessmenn fIB.6 billion venue $13 Willow. The difference is due to the fact that tax rata are much higher on homes than on forms," Gold said. Cold's study is the only recent xtt.mpt In trn4 irir pmivrty tat - who artualiv paid W and how it Ass chantett nvet an extended p.nnd 0 Previous studies have usually focused on assessments and levies. and the changing share paid on various classes of property. Gold con. sidered the actual dollars paid by owners of the property, Laking into account the credit% given for home. steads, agricultural land, personal property and the elderly. Gauging Phaseout Gold also attempted to assess the impact of the phaseout of the personal property tax on other classes of property. That tax has been undergoing gradual phaseout since 1973. A larger amount of property becomes exempt from taxation each year under a formula devised by the Legislature. A move has been made in this year's Legislature to suspend the phaseout temporarily as a means of relieving property taxes generally. Gold said it is "almost unbeliev- able" that there have been no recent studies of who actually pays the property tax. "But that is a fact," he said. His study also showed that the share of taxes paid by commercial and industrial property has increased, primarily due to new construction. The increase, however, has been more than offset by a drop in the personal properly taxes paid by the business sector. The figures, gathered by Gold from the State Comptroller's office, clearly show the gradually increasing property tax burden of the state's homeowners; In 1962, Iowa's homeowners paid a total of 186.5 million, or 23.8 per cent of the property tax load. By 1967, homeowners paid $136.9 million in properly taxes, or 27.6 per cent of the properly taxes paid In Iowa that year. In 1972, homeowners paid $216.1 million, or $1.6 per cent of the property tax load. And in 1976.77, homeowners will pay an estimated $267.5 million, or 33.4 per cent of the projected property tax load. Meanwhile, agricultural property tax maintained ■ rather steady Position In J962. farmland owners ,paid $116.2 million in property taxes, or 32.5 per cent of the total property taxes paid that year. In 1967, farmland owners paid $118.1 million, or 2111 per rent of the burden (their luwnxt share ast any Point durttls the 15 -year period, In 1972farmland owners paid $216.7 million, or 32 per cent. And in 1976.77, famtbnd owners will pay an estimated $271.9 million, or 33.9 per rent of the projected property tax load E Since 1970, when the farmland share reached a 15 -year peak of 31.1 per cent, it has drifted to 33.5, 32, 31 1. 30.8, 31.1 per cent, and then to the projected 33.9 per cent. "There is no perceptible trend," Gold said of the agricultural land share. Gold called the upward trends shown in commercial and industrial property taxes a "surprising result" of the study. Commercial Property In 1962, commercial properly owners paid $39.3 million, or 10.8 per cent of the tax burden. In 1957, they paid $51.8 million, or a 10.5 per cent share. By 1972, commercial property owners paid $83 million, or 12.2 per cent of the property tax load. And in 1976.77, they will pay an estimated $106.1 million, or 13.3 per cent of the projected tax load. Owners of industrial property paid $17.1 million in property taxes in 1962, or 1.7 per cent of the property tax burden. In 1967, they paid $21.9 million, or a 5 per cent share. In 1912, industrial property owners paid 813.9 million, or 6.1 per cent of the load. And in 1976-77, they will pay an estimated 818 million, or 1 per rent. Part of the increase paid by com- mercial and industrial property owners was due to reclassification of personal properly, Gold noted. For instance, in Des Moines the 1600,000 tax paid by IBM on its computers was shifted from personal properly to other categories due to a changed def. inition. New construction accounted for most of the increases in the commer- cial and industrial property. Gold said. For example, in the portions of Polk County outside Des Moines taxa paid on commercial property more than doubled from 1972 to 1976-77, but only 13 per cent of the Increase was due las revaluation of exuling property "What this means is that taxes on existing business property fell while new construction pushed total bu%lr. , UKee up."mid Gold IM homes. however, the increase was largely due to inflation. In Polk County during the 1972 to 197677 period, only about one-fifth of higher property tax and attributing it to the residential property taxes resulted other classes of properly tax payers, from new construction, Gold said. Gold attempted to demonstrate what Ulllities'ShareFalls has happened to the tax burdens of Taxes on utilities, which constitute the various tax -paying sectors. another class of properly, dropped slightly in proportion to other classes For example, in 1964, with the over the 15 -year period, although the personal property lax split up, decline was not dramatic, and the agricultural interests paid 37.8 per trend was not constant. cent of the property tax burden, In 1962, utilities paid $43.2 million homeowners 25.9 per cent, commer- in property taxes, or 11.9 per cent of cial interests 17.4 per cent, industrial the total, In 1976.77 they will pay an interests 6.6 per cent, and utilities estimated $84.5 million, or 10.5 per 12.2 per cent. cent of the projected tax load. If the share paid by agricultural By 1970, with the personal property land stayed about the same, and the lax split up, agland was paying 36.3 shares of homes, commercial and in- per cent of the lad, homes 30 per dustrial property Increased, what cent, commercial interests 15 per went down? The answer Is simple: cent, industrial 6 per cent, and personal property. utilities 10.8 percent. In 1962, personal property owners And by 1976.77, agricultural paid $59.4 million in property taxes, Interests will be paying an estimated or 16.3 per cent of the total tax load. 34 per cent with the personal By 1967, personal property owners property tax split up, residential 33.4 paid $73.7 million, or 14.9 per cent of per cent, commercial 16.2 per cent, the total. Industrial 6.9 percent, and utilities In 1972, with most personal 10.5 per cent. property taxes on household goods gone and the farmer's share more Using those figures, Gold conefuded than cul in half, personal property that farm taxes rose 77 per cent and owners paid $47.1 million, or 6.9 per residential taxes Increased 154 per cent of the total. In 1976.77, they will cent. pay an estimated $23.4 million, or 2.9 "The bottom line In the property per cent of the projected tax load. tax ball game Is how much tax is Overall, the property taxes paid by actually pald," said Gold. "From now Iowam increased from $363.7 million on, hopefully attention will focus on in 1962 to $801.7 million projected for that and not assessments or tax 1976.77. levies." To better understand the Impact of out what was once a "major Cold noted that numbers used in Wphasing source of revenue" — the personal study for properly taxes paid during properly tax — Gold obtained figures the current year were estimates on the amount of personal properly provided by the state comptroller's tax paid by each of the property office. He noted that actual statistics sectors during three years on the impact of the property tax this Burdeo Shifts year will not be available until fall. For example, In 1964, agricultural "It would seem appropriate for the interests were paying about $25.5 revenue department to place a higher million In personal property taxes, priority on tabulating data on the commercial sector was paying property taxa levied so that accurate $37.4 million, and bomeowners about information on Us Impacts would be $12 million. available to the Legislature while Il u By splitting up the personal in session, redo 'than six months after adjournment." Gold mid. ARBITRATION HEARING between CITY OF IOWA CITY, IOWA and IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS LOCAL #610 MAY 16, 1977 IOWA CITY RECREATION CENTER 9:00 A.M. WILLIAM PETRIE, ARBITRATOR /4047 0 TEAM MEMBERS Robert Keating, Fire Chief: 0 The Chief has actively participated in all negotiations and is available to answer any questions relating to the operation of the Fire Department and the nature of Fire Department activities in Iowa City. Candy Morgan, City's Spokesperson: As team leader, will coordinate presentation of the City's case to the Arbitrator. Robert Bowlin, Assistant City Attorney: Represents the City Attorney for the hearing; will be able to answer questions relating to the statutory authority and relevant case law of the City's position. AVAILABLE WITNESSES Russel M. Ross, Director, Graduate Prog. in Public Affairs, Univ. of Ia. Will be available to explain historical perspective of Fire Depart- ments in municipal government. Richard Holcomb, Institute of Public Affairs, Univ. of Ia. Will be available to explain differences in pay between Police and Fire Departments. 11 I. INTRODUCTION r, A. Certification of Union and Previous Negotiations. B. History of Current Negotiations. C. Criteria for Decision -Making by Arbitrator. D. Issue. II. ARGUMENTS FOR CITY'S POSITION III. SUPPORTING INFORMATION A. Iowa City Fire Department. B. Finance of Municipal Fire Service in Iowa City. 1. Focus 2. Finance of Fire Protection Service 3. Legislative Limits on Property Tax 4. Significance of Financing to Current Arbitration C. Economic Benefits and Final Offers. D. Cost of City Plan and Union Offer as Compared to Current Bargaining Unit Payroll. J. INTRODUCTION • C� A. CERTIFICATION OF UNION AND PREVIOUS NEGOTIATIONS. The Union obtained certification as an exclusive bargaining representative from the Iowa Public Employee Relations Board on December 16, 1975. The bargaining unit was stipulated to include fire fighters, lieutenants and captains and to exclude all other fire department and other City of Iowa City employees. The parties previously negotiated a thirty -month agreement which expires June 30, 1977. Agreement was reached without the use of a neutral. Several of the same Fire Department team members participated in the earlier negotiations but all members of the City's team are negotiating with the Fire Department for the first time. One grievance arose under the current contract. The grievance was not pursued to arbitration by the Union but was resolved during the course of negotiations. With respect to the economics of the present agreement, the Fact Finder notes that during the life of the present contract the Consumer Price Index has increased about 13% (estimated for first half of 1977). The fire fighters' salaries have increased by 18% over the thirty month contract. Mr. Gerhart comments that (t)he current salary of $1020 per month is, therefore, adequate to compensate for cost of living changes over the life of the current agreement. (See Exhibit 2, p. 7.) 0 0 This assessment is significant because it indicates that the employees who are the subject of this negotiations are not in a "catch-up" posture. It is our position that the Fire Fighters have been adequately compensated throughout the course of the present agreement and that comparability with other Iowa Fire Departments is the controlling factor. B. HISTORY OF CURRENT NEGOTIATIONS. The parties began bargaining for FY78 on Friday, September 3, 1976, and have engaged in approximately 27 bargaining sessions since that time. Twenty-four sessions preceded the fact finding hearing. The sessions were generally between ninety minutes and two hours in length except for longer mediation sessions. Meetings were held with Mediator Mario Bognano on December 9th, 17th, and 20th. Agreement has been reached on twenty-six Articles covering many issues raised initially in bargaining. A number of issues were resolved in mediation, through the assistance of Mediator Bognano. The parties are proceeding under both statutory and negotiated impasse pro- cedures which coincide in form in a large measure. Initial demands were made by the Union on a broad variety of topics including health and safety, matters, departmental equipment and furnishings, items relating to City procedures and to compensation of fire fighters. A copy of the twenty-six sections previously agreed to is provided with these materiels to the artitrator. A copy of the tact finder's report is also provided. i Bargaining was interrupted by the statutory impasse resolution deadlines and, as a result, at the time the parties reached fact finding not all issues had been fully negotiated. Issues raised by the City during fact finding included comparability with similar municipal fire employees and the effect on the level of service of the 34% increase demanded by the Union. Issues raised by the Union included the high cost of housing and utilities in Iowa City and the ability (inability) of fire fighters to compete with medium income families for necessary expenditures. The Fact Finder, a Professor from the University of Illinois, engaged in both hearing officer function and mediator functions. His grasp of the issues presented by both parties was excellent. In an effort to encourage agreement short of arbitration he raised issues other than those raised by the parties. His report rests heavily on the "traditional internal relationships" between police and fire employees. We disagree with this traditional relationship analysis. See Exhibit 1 and 2 for more detailed analysis of the Fact Finding hearing and report. C. CRITERIA FDP. DECJSJDN-MRY,INC BY ARBITRATOR. (from Chapter 20, 1975 Code of Iowa.) I. Comparison of wages, hours, and conditions of employment of the involved public employees with those of other 0 0 public employees doing comparable work, giving consideration to factors perculiar to the area and the classifications involved. 2. The past collective bargaining contract between the parties and the negotiations which led up to the contract. 3. The interests and welfare of the public, the ability of the City to finance economic adjustments, and the effect of such adjustments on the normal standard of services. 4. The power of the City to levy taxes and appropriate funds for the conduct of its operations. 5. Other factors relevant to the dispute. D. ISSUE. Whether the wage increase in the Fire Department will be 6.5% (the City's position) or 8.0% (the Union's position). II. ARGUMENTS FOR CITY'S POSITION. Binding arbitration is required to resolve the dispute over wages because of the failure of the parties to negotiate a settlement on a voluntary basis. We understand that the Arbitrator is limited to a selection of either the City's offer or the Union's offer which coincides with the tact cinder's report. We ore opposed to the selection of the Union's offer or the Fact Finder's report for the 4 reasons stated below. 1. The City's planned increase in wages for FY78 results in wages and benefits comparable to those received in other Iowa municipal fire departments. a. The base wage in Iowa City is comparable to wages and major economic benefits currently paid in Iowa fire departments. Iowa City ranks 3rd of 16 cities surveyed. (See Exhibit 3.) b. The City's proposed base wage increase is greater than the average increase for FY78 for Iowa Fire Departments surveyed. The average increase to base wages for FY78 is 5.7%. (See Exhibit 3.) C. The City's proposed pay rates more than keep pace with inflation. The U.S. Cities Index increased 6.4% for the year ending in March, 1977. Our proposed increase of 6.5% is comparable. Over the 30 months of the present contract the CPI increased 13% while the salary of a fire fighter at the top step increased 18%. (See Exhibit 4.) d. The 6.5% increase as proposed is greater than the settlements with the police unit, the white collar -blue collar unit, and the Library unit. The police settlement for FY78 was 57(wage repoener for two year contract). The units represented by AFSCME settled for a cost of living escalator pai0quarterly with a 2.25% ceiling per quarter. If the percentage increase in the CPI increases to the ceiling the average salary in the units will increase 5�% over the course of a year. Examples of salaries of employees in these units somewhat comparable to fire fighters are shown at Exhibit 5. e. The proposed Union increase is not accompanied by an increase in productivity and is not compensation for historical difficiencies (a catch—up situation). 2. The Fact Finder's analysis of relevant factors is inappropriate for arbitration. The Fact Finder states at page three of the report that he considered (t)he historical and proposed relationships between Fire Department employees salaries and those of other City employee salaries, particularly Police Officers. (See Exhibit 2.) This is a deviation from the mandatory statutory criteria for arbitrators. The Fact Finder chose to use his own ideas of important factors because he wanted to encourage a settlement short of arbitration. While this is the appropriate role for the Fact Finder, it is our position that it is outside the scope of the Arbitrator's function to raise issues not presented by the parties or set out in the Code. At minimum we are of the opinion that the Fire Department should be required by the Arbitrator to prove the relevance of the Fact Finder's criteria to the current dispute. 6 • 3. The internal relationships analysis of the Fact Finder was incorrect. a. The Fire Fighters' separate bargaining unit indicates an individual community of interest. Separate units will be unable to maintain old "internal relationships" with other departments if they bargain independently. b. Fire fighters are not comparable employees to police officers. We are prepared to present testimony on this point. (See also Exhibits 6-12.) c. If the fire fighters are to maintain a wage relationship with police they must bargain on this point. It is an issue appropriate to negotiations rather than arbitration. 4. The increase proposed by the Fact Finder is inconsistent with old and new budget limitations for cities. Fire protection will be provided by the City of Iowa City regardless of the outcome of this hearing, but, because of the 7% limit on General Fund expenditures, adjustments in the level of service within the Fire Department will be made if the Fact Finder's Report (Union's final offer) is selected by the Arbitrator. (See 111. B. C, D.) F 0 III. SUPPORTING INFORMATION. A. IOWA CITY FIRE DEPARTMENT The City has nearly four hundred employees in nine departments. There are four bargaining units. The number of employees in each unit is in parenthesis after the unit title. Police Department (36), Library (19), White collar -blue collar employees (225), and Fire Department (45). Of the fifty-two Fire Department positions, forty-five positions are within the bargaining unit. The Fire Department is organized in the following manner: FIRE CHIEF OPERATIONS DIVISION ADMINISTRATIVE DIVISION 3 Battalion Chiefs (Exempt) 1 Fire Marshall (Exempt) 3 Captains (Bargaining Unit) 1 Training Officer (Exempt) 6 Lieutenants (Bargaining Unit) 1 Secretary (Exempt) 36 Fire Fighters (Bargaining Unit) Class specifications for each job classification in the bargaining unit appear at Exhibit 8. B. FINANCE OF MUNICIPAL FIRE SERVICE IN IOWA CITY. 1. Focus a. This discussion is important to understand the context of the dispute from the City's point of view. 8 0 0 b. We will not be able to show irreparable damage to the public health and welfare or a significant adjustment in the level of City services in this $11,000 dispute. 2. Finance of Fire Protection Service. Fire protection in Iowa City is financed from property tax revenues and to a limited extent from fees and charges. Fire protection is a service directly related to local property. As it is a necessary local government service it is unlikely that it will be assumed or supported by State or Federal agencies. The need for fire protection is unlikely to subside. Fire service in Iowa City is also supported by fees and charges because of contracts which the University of Iowa and with University Heights. Of the revenue sources for fire protection, the property tax is the only primary source of support. In fact, revenue sources other than local property taxes are not acceptable for funding fire protection. There is a strong public policy against charging user fees for fire protection. Local option taxes are not available to Iowa municipalities as alternatives for funding. Must Federal and State assistance is not categorized appropriately for fire protection expenditures. Revenue Sharing is inappropriate as a long -run source for operating expenditures. Z 0 0 3. Legislative Limits on Property Tax. There have always been limits on the property tax, either the limits on amounts (General Fund) or purposes (Trust and Agency). In response to strong public demands for property tax relief the Iowa General Assembly placed new limits on the amount of monies which cities could levy in early 1976. The first limit, a 9% lid on increased monies in the General Fund (and most other property tax funds), was effective in the FY77 budget beginning July 1, 1976, the current budget. The City attempted to exceed the 9% limit by $342,000 by an appeal to the State Board of Appeals, but the appeal was denied for any amounts in excess of $42,000. The other $300,000 was made up with Revenue Sharing Funds, State Transit Assistance funds, and efforts by City departments in increasing the carryover from FY76. Departments were able to cut expenditures in order to increase the carryover so that deficit financing would not be required. It is a long term City policy that a large enough carryover be held to cover expenses of the City for July. August, and September. 10 0 0 In the FY78 budget (beginning July 1, 1977) the Council complied with the intent of the Iowa General Assembly in providing property tax relief by limiting new expenditures from the General Fund to 7% (the property tax lid). Federal and State revenues were used to cover needed expenditures over and above 7% limit on General Fund. This limit applies regardless of the increase in assessed value within the jurisdiction so that no allowance is made for increased fire protection required for new construction and development. 4. Significance of Financing to Current Arbitration. We are faced with enough of an economic crunch that it is important economically to pursue an $10,800 dispute over wages. Personal services make up 70% of the City's operating expenditures. These expenditures have been increasing despite fluctuations in general revenues to the City. The amount and trends of increases to each employee deserve the closest scrutiny by those who are part of the decision-making process in determining wages because of the implication on other City expenditures and on the property tax to individual residents of Iowa City. The implications of an increase in salary in the fire department directly relate to the level of service in that department. It is important to look at the consequences of designating more dollars to fire fighters' salaries: an increase over presently designated amounts will result in a decrease in the level of service in the fire department. The most likely way this decrease will take place is to defer expenditures for commodities, to defer filling vacancies following attrition, or to eliminate positions from the work force. None of these options is attractive. C. ECONOMIC BENEFITS AND FINAL OFFERS. The major economic benefits to Iowa City Fire Fighters are summarized here. A more complete listing appears at Exhibit 13. FIRE FIGHTER (27 of 36 at top of range) FY 77 BASE SALARY ANNUAL $ 12,240 UNION OFFER: $ 12,240 + 979 9 CITY PLAN: $ 12,240 + 792 3,0 2 MONTHLY $ 1,020 UNION OFFER: $ 1,020 CITY PLAN: $ 1,020 + K + 66 02 ,0 6 (9 Fire Fighters not at top Step will receive approximately a 5% increase in addition to arbitrator's award.) --------------------------------------------------------------------- IF LIEUTENANTS (6 of 6 at top of range) FY77 BASE SALARY ANNUAL $ 13,356 UNION OFFER: $ 13,356 CITY PLAN: $ 13,356 + 11068 +r 86,�8- 4,424 -ta-TT,-2- MONTHLY $ 1,113 UNION OFFER: $ 1,113 CITY PLAN: $ 1,113 + 89 72 202 1,185 ----------------------------------------------------------- CAPTAINS (3 of 3 at top of range) FY77 BASE SALARY ANNUAL $ 14,592 UNION OFFER: $ 14,592 CITY PLAN: $ 14,592 + 1,167 + 948 15,759 5,540 MONTHLY $ 1,216 UNION OFFER: $ 1,216 CITY PLAN: $ 1,216 + 97 + 79 ,313 ,295 Fire Fighters have benefits in addition to the wage offer made by the City. PENSION BENEFITS: Fire Fighters in the Iowa City Department belong to an excellent pension system. They may retire on ordinary disability at age 55 after 22 years of service at 1/2 of their highest 5 years of compensation. Their retirement benefits escalate with rising salaries of current employees. If the fire fighter is injured on the job he receives 2/3 of his highest 5 years cmupensation. 13 0 0 Currently it costs the City 27.7% of base salary to fund the pension system. In other words, for every_ dollar increase in base salary, there is a corresponding 27.74 increase in pension costs. $1.00 = $1.27 VACATION BENEFITS: Additional vacation was awarded to Fire Department employees in order to obtain settlement on items previously agreed to. Because of the vacation formula (based on length of employment) some employees will receive more than others, but the average increase in the amount of new vacation is approximately $40.00 in time -off over the course of the year for each person. D. COST OF CITY PLAN AND UNION OFFER AS COMPARED TO CURRENT BARGAINING UNIT PAYROLL. FY77 Bargaining Unit Payroll (45 employees) $ 564,552 liW's Offer 6.50% 36,700 Additional Pension Costs 27.7% 10,170 Additional Vacation 2,000 Additional Health Insurance Costs 7,245 TOTAL:10.12% of FY77 unit payroll $ 620,667 FY77 Bargaining Unit Payroll (45 employees) $ 564,552 Union Final Offer 8% 45,165 Additional Pension Costs 27.7% 12,510 Additional Vacation 2,000 Additional Health /iisurar¢e Costs 7,245 TOTAL:12.03% of FY77 unit payroll $ 631,472 DIFFERENCE: $10.800 to property Lax payers unnecessai;v escalation of cost of fire protection or unnecessary reduction in level of fire protection service. 14 ISSUES RAISED DURING FACT FINDING By the Ci ty 1. Comparability: with other Iowa Fire Departments with other City employees with Mid -west Fire Departments with Consumer Price Index 2. Increase of 34.8% as demanded by Fire Department would have adversely affected level of Fire Department service. By the Fire Fighters: 1. High cost of housing and utilities in Iowa City. 2. Availability of City funds if priorities are shifted. 3. Ability of Iowa City Fire Fighters to compete for basic services when compared to regional median income figures. By Fact Finder• 1. Internal relationships between City employees, particularily police (estimated at various levels throughout the report). 2. Anticipated of real income for inflation - estimated at 4!-5%. EXHIBIT 1 0 • COMPARABLE ECONOMIC BENEFITS WITH IOWA FIRE DEPARTMENTS FIRE FIGHTER/DRIVER MONTHLY ECONOMIC NAME OF CITY (1) POPULATION BENEFITS (2) RANK Des Moines* 200,000 1147 6 Cedar Rapids* 110,000 1113 10 Davenport 98,000 1247 1 Sioux City 90,000 1103 12 Waterloo 73,000 1223 2 Council Bluffs 65,000 1121 7 Dubuque* 62,000 1107 11 Iowa City*(5) 48,000 1178 3 Ames 40,000 18 8 Clinton (3) 35,000 1162 5 Burlington 33,000 1116 9 Cedar Falls 33,000 1100 13 Fort Dodge 33,000 1032 15 Mason City 30,000 1070 14 Ottumwa (4) 30,000 943 16 Marshalltown 28,000 1176 4 * Not settled. (1) In order of population. (2) Represents the sum of base wages to the highest paid fire fighter/ driver,lon evit to an employee at that step with the equivalent of ten driver,( 0 years, food allowance payments and health insurance contributed by the employer. Life Insurance coverageverageaneducational incentive were not used in this comparison because they are not viewed as significant economic benefits at this time. (Educational benefits appear elsewhere in this Exhibit.) (3) Based on a 52.3 hour work week.. (4) Based on a 40 hour work week. (5) Figured at the proposed 6.5 1 wage increase. 1yulBt7 3 i %0�i% COMPARABLE ECONOMIC BENEFITS WITH IOWA FIRE DEPARTMENTS LIEUTENANTS CITY BENEFITS RANK Des Moines* 1239 6 Cedar Rapids* 1220 10 Davenport 1296 2 Sioux City 1202 11 Waterloo 1335 1 Council Bluffs N/A Dubuque * 1180 12 IowaCity * 1281 3 Ames 1225 7 Clinton 1223 8 Burlington 1221 9 Cedar Falls 1244 5 Fort Dodge 1119 14 Mason City 1135 13 Ottumwa N/A Marshalltown 1246 4 Not settled. E'HISIT 3 0 0 COMPARABLE ECONOMIC BENEFITS WITH IOWA FIRE DEPARTMENTS CAPTAINS CITY BENEFITS RANK Des Moines * 1355 4 Cedar Rapids * 1278 7 Davenport 1400 2 Sioux City 1313 6 Waterloo 1447 1 Council Bluffs 1246 10 Dubuque* 1260 8 Iowa Cit * 1387 3 Ames TD8 Clinton 1248 9 Cedar Falls 1313 6 Burlington 1355 4 Fort Dodge 1179 13 Mason City 1199 12 Ottumwa 1065 14 Marshalltown 1346 5 * • Not settled. 0 o COMPARABLE ECONOMIC BENEFITS IF CITIES STILL OPEN SETTLE AT 6% CITY BENEFITS RANK Des Moines* 1210 3 Cedar Rapids* 1175 6 Davenport 1247 1 Sioux City 1103 12 Waterloo 1223 2 Council Bluffs 1121 9 Dubuque* 1168 7 Iowa City 1178 4 Cl in ton 1 162 8 Burlington 1116 11 Cedar Falls 1100 13 Fort Dodge 1032 15 Mason City 1070 14 Ottumwa 943 16 Marshalltown 1176 5 Assumes 6% base wage settlement. EXHIBIT 3 1 a i I Pik';, "t 1047 H I I I I I I I I I 1 I C I 1 0 I 1 0 1 0 1 0 I d I Z 1 I 1 1 I I I 1 I I I I I I 1 I I I 1 I I I I I p 1 I I 1 I I W LL I I I I� I I G O I I 1 I r I I W I I>1 v I I I Ql r0 1 0 I W I b N I 1 0 I Y O I Z I U i I S L I I Z 1 I I Z :-• I I I 1 N I I •--: {- I � Q I I 1 I I I I 1 V I S N I I I I I U1 I 1 I I X aJ X 1 1 CC I 1 I- r0 1 Ql- VI I I W I I I 01N I OIL I I = I I I C L 1 N I O 1 O V I !1 O C O I Z 1 O I 1 I J I LO I I 1 I I I d+ E + I I I I I 1 1 I 1- N O I O I O 1 0 O I O I O I K O I O 1 O I O O I O Q I 1 V1 r 1 \ I I Z 1p I O I O I N6 I O O O N d' 1 N 1 rJ M I M I t^ I J r Vi I N I Vl 1 V1 1/) I V/ I I 1 I I I I I 1 1 I 1 I I Z O 1 co— 1 O I O I O O O I [A U I O I O 1 0 O I O O 1 I- Ol 1 C d l C11 I M I O N I 10 W I d N 1 O N 1 N I I V V' 1 OI t0 1 N I N 1J 1 N I N I M I r- 1 U I V) I I 1 •- I 1 In I 1/Iv I t/1 1 In I Vl In I VI v) I I I 1 1 1 1 1 F- N O 1 O I O 1 0 O 1 0 1 C 1 � O 1 O 1 O I O O 1 0 I C I tD } 1 1 1 I Q I I Z M 1 O I O I N O 1 01 0 1 0 0 N I d' I N I N M I M z Z 1 � 1 J •-- N I M 1 Vl I N V1 I M 1 V1 1 1 1 I I I 1 o i O— i O i O i M i o F- O 10 0 1 O O M O I 01 ri CP 1 Q I 00 l cu N I I M I N \ I OD W 1 1 r JJ I I I N Z I O 1 W tq 1 N� 1 W 1 M I M 1 VI 1 I 1 I 1 I I F- N O 1 O 1 O 1 0 00 1 0 I C I O O O o O o C C9 r Z I I I O 1 O i I N S- O i 1 0 N C I I I G 1 O O N 1 V 1 N I N M OI 1 M O 1 •� I J r V) 1 W I W I W tAv 1 N Z 1 N 1 1 I I 1 I I 1 I 1 1 1 1 • I 1 1 1 I 1 N LL LL O 1 W I 1 I I I 2 1� Ifl 1 O n 1 I M 110 M 1 10 I (9 O l0 1 V w — N n 1 M 1 N 1 h • 1 —0 00 1 O a-1 I O\ 1 O I O 1 0 aD 1 s 0_ r r I r N 1 •••- a l I r � 1 � 1 I 1 1 1 I 1 W I > Q I r-•1 f1 1 I 1 1 I 1 • i— I 1 1 I 1 1 p Z N 1 1 I 1 N I I O 1 W I O 1 U } ••- 1 � I Z I Z H I I 1 I 1 1 v 1 1 1 1 I 1 1 I I 1 I I O O G d i N i C 1 Ol i i i O J C 1 C 1 1 C 1 tP 1 O 1 O J O 1 O 1 Lf) I O 1 6 N 1 7 1 lL Q % I Z 1 ✓• r c I E ,n I I I 1 1 t•1 I N 1 I O O. I O. L di O 1 O I O010 I O '0 � 1 I W a O 1^ O 1 J N 1 1 1 Y- 1 I/I O 1 O 1 W •-•II n 1 M 1 f'•1 1ll') I N L tP I E N I = VI 1 N 1 N I N 41 I O O. tV 1 CO I 1 1 1} iG. 111 1 I 1 1 1 1 L 1 p 1 N N I O 1 L N 1 ti I U 0 1 C, !- r I q I ✓r rJ I >: 4 2 I • J 6 Int C r Q 1 1(I ✓1 I C; I U cv 1 .J l4 1 N d 1 fV I •� 1 I 1 N I r 1 1 I f1N 1 t11 1 Vli 1 ( ••: 1 4- ,•r 1 I d 1 I 4,r- 1 1.11. I•. - W V 1 •-- ( 1 1 1 � I r �- � •- • � 1 r t I •� 1 1 _ y• N 1 r rl ••' = 4- 1 1� f I •.- W 1 r l I��I fJ� 1 Y C•, I H I I 1 U r, H r 6 !y ,I r I i • 1 I i q I Pik';, "t 1047 C7 Y 1� 1 47 I O O 1 1 J r 1 1 I I 1 I I � 1 O I z_ o f C O 0 ¢ I Z I Z d 1 1 I I 1 I O I I I I I I 1 O 1 1 W LL 1 U N LL w W 1 w Z V w W1 I I O 1'O O C W Z O um I I CO I I 1 1-. 1- I W I I � I 1 1 O w 1 I 1 Ul I C • w N W w0 I U 01 I 1 i 1 1 1 1 I 1 I 0 m m w 1 I 1 1 I 1 I N N 1 1 1- InI I !] r 1 I C7 Y 1� 1 47 I O O 1 1 J r 1 1 O N 01 I 1 1 I 1 O 1 O O I z_ o f o o f QM 1 1 O I O F- I I O UD O 1 o f I o f Q O 1 r 1 01 1 U w 1 w W 1 w O N 01 � 1 1 N 1 O OI 1 � 1 r i 1 I I 1 O O I O I I O1 I I O 1 1 M I � 1 1 O 1 r 1 01 1 1 iA w 1 w I Y Z I Z 1 > I I 1 1 1 I I 1 I I 1 1 1 I � I 1 N I O N 01 c 1 N 1 co Ift O OI 1 O � 1 r i 1 I I 1 1 I 1 1 I I O1 I I Q 1 I O N 01 h LF \ I 1 Z I I I I I i W W I I I 1 I 1 1 I I O1 I I Q 1 O I \ 1 1 I w Z 1 01 1 1 0 Z I U1 Z I Y Z I Z Z 1 > 1 I 1 I 1 I I I I 1 1 1 r -I I 1 1 1 1 I I O � I N I T I 1 i 1 1 1 1 I 1 I N I 1 I 10 1 I N N 1 I O I !] I Y O I Z 1 I M I � O 1 IA 1 O 1 co 1 O 1 I 1 1 I I I I I W I ppJ c 1 C 1 r 1 1- r 1 0 c Y C OMt O J 0 O I O I O 0 1 0 O 1 0 O 1 0 0 O Q 0 W Q L 1 1 I 1 I I 1 I ¢ I Z I I 2 I I = I 1 1 MA 1 1 1 V4 I w O 1 O N N 2 I I Ol I I I I V 1 I I Oo O l o O I Ot o I 0 010 O 0 1a w M • O I I M a b N I T N I 00 I N N I N O I O O I N kO 1 r -14A 4 Z Yl �r I '-• w I iq iv+ I w iA 1 w c N I 1 O M I 1 I I Z 1 w 1u... 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Via... 14filli.I' 3 r a a ry c� i O O J Z F- a U 0 W s` r, L d 1 I I 1 I 1 L I 1 I I I 1 � ::l 1 1 0 1 0 1 1 A 1 1 1 I 1 <V O 1 1 1 1 I 1 2 1 1 I 1 1 1 I 1 1 1 1 o I o 1 Z I Z 1 LL) 1 1 CO 1 1 1 1 1 w I 1 1 1 d 1 1 1 N 1 L 1 L I d 1 co 1 � ::l 1 O H I O 1 1 A 1 1 A 1 1 N <V O 1 N 1 2 0 1 1 2 Z 1 1 1 1 1 1 1 O 1 1 1 I 1 LL) 1 CO 1 w 1 w I 1 I 1 1 I 1 1 1 1 1 1 I 1 1 N I 1 1 1 1 N 1 1 1 1 O 1 n 1 1 a 11'1 1 !p M 1 1p N I N N I N 1 1 1 1 I 1 1 1 1 1 1 1 1 N 1 W 1 N 1 1 1 1 1 1 I 1 1 1 1 1 1 co d 1 n 1 Q 1 1 w I w 4n I w 1 I 1 1 I 1 1 m 1 W 1 N 1 1 d 1 1 1 N O U 1 1 I d 1 co 1 � ::l CD O H I O 1 N F 1`' i i 1 1 1 <V O 1 1 0 1 Z 1 d I C 1 N O Z I 1 � ::l E 1 N F 1`' o i m 1 O I M <V O 1 O i 1 I w 1 w I 1 I 1 I 1 1 1 1 1 1 � I 1 N I 1 1 N I 1 1 I I 1 i 1 1 1 1 ` 1 1 1 Ll 0 CD 00 J r f !iT H� c� r z 00 J� Cwl z 4 1' g m • I CCBIPARIsoN OF FIRE• D1PmamE\T \lE1Iluis WITH OTHER CITY OF IOWA MY 111PIAITTS LNIPLDIM JOB TITLE Recreation Supervisor: Requires education and experience equivalent to degree and one year in recreation. Professional position. Ak-chanic I: High school graduation and 2 years experience in repair of automotive and light and henvy paver driven equipment. Senior Maintenance Worker: Water Distribution Supervisor; Requites certifiention as a Level II Treatment Plant Operator; lend person for six workers. STEP F WAGE $ 11,712 per year $ 11,712 per year $ 12,240 per year Ahiintenance Worker II --Traffic Engineering $ 10, 320 per your Requires one yewr of experience in traffic sign installation, main- temance. and traffic marking. Senior Treatment Plant Operator: High school graduation and three years exm-rience as ornrator. Level II certification required by State - IAw. Inspector (Building;, Pltrnbing, Electrical): 5 13,314 per year 1k-nu:re h rsrH ri nci= at irn:: nttn leve:. M , m x CITY'S PE\SICN 00\TIRIBMa\ 'w $ 1,241 per year S 1,241 per year $ 1.297 per ear $ 1.09-1 por 1,41.1 n':• year • - MIPLOYM JOI3 TITLE Librarian I: Master's degree in library science; professional position. Police Officer: Requires high school graduation; involves norkino with diverse groups of people in situations involving conflict; requires knowledge of and ability to interpret complax laws. Fire Fighter: Required high school graduation; involves Emergency reaction to highly technical and complex situations; requires knowledge of canplex fire codes. Formula for pension Contributions by City of Inas City as Dnployer: IPBRS FICA Total to Non -Police and Fire Dnployoes Police Pension: Fire Pension: CITY'S PENSION SMI r• WAGE COYTRIBUTION M $ 12,S16 per year $ 1.358 /yr. n x w $ 14, 880 per year $ 3,577/yr. $ 12,240 per year 4.75? of first $20,000 per year 5. Sri" of first $15,300 per year 1O.13 22.11-- 27. 2.11-- 27. 71 $ 3.390/yr. 0'I Maintenance Worker II -- •(YAWAIM)UN 0 47r^o 860 ))F ('111MIiNT IYAGI:'S -- 584 600 OF CITY L111'1!)YI•:I•;:; 'IY) 14An..; 1101 ice Officer 505 134% 776 OF FIVE, ANI) TEN YIAILS A00 1180 Recreation POSITIU.J 1967 1972 CmtL r RATE $ X, Ucurge $ 0 Change $ 370 976 Sr. Maintenanm- Fire Captain 535 127$, 822 480 1216 Fire Lieutenant 490 F. F. 129A 782 Lt. 43`Io 1117 Fire Fighter 490 1080 746 370 1020 Fire Fighter -- --- 589 75o 1020 Fire Fighter -- --- 614 66o 1020 Maintenance Worker II -- -- 584 47r^o 860 Mechanic I -- -- 584 600 936 1101 ice Officer 505 134% 776 52% 1180 Recreation Supervisor 475 1.0.50 710 370 976 Sr. Maintenanm- Worker 445 129% 676 51 1020 13 FA LX811f11 3 0 [)car MERC Mellber: 11 April 19, 1977 Once again, 1 need your help. 1Ve arc proceding into arbitration with our firefighters. Ke need to update the results of our last economic benefit survey. We have enclosed a worksheet which has 1777 information for economic benefits to fire department employees available from your area. If the information is correct, please initial it and return the survey as is. If the information is not correct, please make the necessary corrections and return to us. Our survey represents the highest aidep rson for each job title. Longevity is to be figured for an employee w o has been in the department for ten (10) cars. IVe also need to ]mow about any settlements for FY78 for firefighters. 1. R'a aes of increase compared to present salary Other Economic Benefits Increased Time -Off 2. llrno was the settlement achieved? Voluntary or Arbitration 3, h'hat relationship, if any is there between the method for setting wages for police and fire personnel? Is one wage rate contigent upon the. other? If so, what is the relationship and how is it determined? Date Name of Tm m Person Completing Survey Your prompt response is appreciated. Sincerely, Candy Morgan Human Relation, Director CITY OF IOWA CITY CIVIC CENTER, 410 F WASHINGTON ST, IOWA CITY, IOWA 52240 319 354 1800 6dn''IbIT 5 /0� FY 7, ->-, 1-,- -1- . . , - �z -. , . [I 1 0111111 -1 . 1, 1 RETAKE OF PRECEDING DOCUMEN- JORM MICROLAB TARGET SERIES N SO • CONSUMER PRICE INDEX DATA U.S. CITIES INDEX 1976 = 100 March, 1972 124.0 Jan. 1, 1975 156.1 (Contract start date) March, 1976 171.8 March, ----------------------------- 1977 178.2 (RE) 0 10 Years = 128% 5 Years = 43.7% 27 Mos. = 14% Last Year= 6.4% -------------------------------- COMPARED TO FIRE FIGHTERS BASE WAGES 1967 490 1972 746 1975 862 % CHANGE 6-30-77 7-1-77 1976 951 10 Yrs. 108% 122% 5 Yrs. 37% 45.6% FY77 1020 27 Mos. 18% 26% Last Year 7.25% 14% FY78 1086 EXHIBIT 4, p. 1 1667 � � � I U. �. urwnR I stn I of iAuoK "^ OFFICE OF INFORMATION FOR RELEASE: BUREAU OF LABOR STATISTICS Thursday, 911 WALNUT STREET April 21, 1977 KANSAS CITY, MISSOURI 64106 9:00 a.m. CST AREA CODE 816 374-2481 CONSUMER PRICE INDEX - U. S.• (1967100) MARCH 1977 INDEX PERCENT CHANCE GROUP FOR FROM s FROM MARCH 1977 FEBRUARY 1977: MARCH 1976 ALL ITEMS 178.2 0.6 6.4 s FOOD 188.6 0.5 5,5 FOOD AT HOME 186.9 0.4 5.2 FOOD AWAY FROM HOME 195.2 0.8 6,8 HOUSING 185.5 0.7 ' 6.3 SHELTER 186.3 0.5 5.7 RENT 150.8 0.4 5.7 HOMEOWNERSHIP 199.3 0.6 5.6 FUELS AND UTILITIES 198.5 1.1 11.0 HOUSEHOLD PUMNISHINGS AND OPERATIONS 174.6 0.6 4.8 APPAREL AND UPKEEP 151.7 0.6 4.6 TRANSPORTATION 174.8 0.9 9.4 PRIVATE : 174.1 0.8 9.8 PUBLIC 180.4 0.8 4.7 s s HEALTH AND RECREATION s 170.7 0.5 6.3 MEDICAL CAME 197.6 0.9 9.4 PERSONAL CARE 167.3 0.4 6.3 READING AND RECREATION 155.8 0.2 s 4.6 OTHER GOODS AND SERVICES 157.3 0.3 s 3.6 U.S. CONSUMER PRICE.INDEX FOR ALL ITEMS MARCH 1977 (1957-59.100) - 207.2 *UNITED STATES CITY AVERAGE FOR URBAN WAGE-EARNERS AND CLERICAL WORKERS This brief release of the U.S. Consumer Price Index is issued for the con- v-irnee of user[ who need t1m itformation as soon as it is available. 1. more comprehensive U.S. release, containing both a narrative report and more detailed tables of national and city data, is available about two weeks after this brief release. f.XHIBIT 4, p. •1 •-t NU. S S. DEPARTMENT OF LABOR ^ OFFICE OF INFORMATION FOR RELEASE: BUREAU CF LABOR STATISTICS Friday 911 WALNUT STREET February 21, 197 KANSAS CITY, MISSOURI 64106 9:00 a.m. CST AREA CODE 816 374-2481 CON SUMER PRICE I N D E X -U. S.• (1967100) JANUARY 1975 U.S. CONSUMER PRICE INDEX FOR ALL ITEMS JANUARY 1975 (1957-59.100) - 161.6 'UNITED STATES CITY AVERAGE FOR URBAN WAGE-EARNERS AND CLERICAL WORMERS ib ■ brief release of the U.S. Consumer Price Index is issued for the convenience of users who hove need for the intormntior, as Boor, as it is available. A more croe. Prehanslve U.S. release, containing both a narrative report and more detailed tables of national and city data, is available about two weeks after this brief release. GXHIRiT 4, p. 3 INDEX PERCENT CHANGE GROUP t FOR FROM t FROM JANUARY 1975 s DECEMBER 1974 t JANUARY 1974 : t t ALL ITEMS s 156.1 t 0.5 t 11.7 t : s FOOD : 170.9 t 0.7 t 11.2 FOOD AT SOME 171.4 t 0.6 : 11.1 FOOD AWAY FROM HOME t 169.0 t 0.8 s 11.5 t t : HOUSING 161.2 t 0.8 t 13.4 SHELTER s 164.3 0.8 : 11.5 RENT : 134.0 : 0.4 t 5.3 HOMEOWNERSHIP : 175.6 t 0.9 t 13.4 FUELS AND UTILITIES 160.5 1.3 s 14.0 HOUSEHOLD FURNISHINGS AND OPERATIONS : 153.2 0.6 t 18.8 t t t APPAREL AND UPKEEP t 139.4 : -1.8 t 8.2 t : : TRAN"'ORTATION t 143.2 : -0.2 t 11.8 PRIV.%TE t 142.2 t -0.2 t 12.7 PUBLIC : 152.2 s 0.1 : 4.2 t : s HEALTH AND RECREATION t 148.9 t 0.9 t 11.4 MEDICAL CARE : 161.0 : 1.3 t 13.2 PERSONAL CARE : 146.5 s 0.8 t 12.9 READING AND RECREATION t 141.0 t 0.9 s 9.9 OTHER GOODS AND SERVICES 144.6 0.6 9.9 U.S. CONSUMER PRICE INDEX FOR ALL ITEMS JANUARY 1975 (1957-59.100) - 161.6 'UNITED STATES CITY AVERAGE FOR URBAN WAGE-EARNERS AND CLERICAL WORMERS ib ■ brief release of the U.S. Consumer Price Index is issued for the convenience of users who hove need for the intormntior, as Boor, as it is available. A more croe. Prehanslve U.S. release, containing both a narrative report and more detailed tables of national and city data, is available about two weeks after this brief release. GXHIRiT 4, p. 3 • EXAMPLES OF FY78 WAGE • INCREASES OF CITY OF IOWA CITY EMPLOYEES 4.6% 4.2% 4.6% 4.4% 5.2% 5% 4% 5% 5% 6.5% 6.5% 6.5% VXHIL17 5 MONTHLY INCREASE Mechanic I 11,712 $45 Librarian I 12,816 $45 Recreation Sup't. 11,712 $45 Sr. Maintenance Worker 12,240 $45 Maintenance Worker II Traffic Engineer 10,320 $45 Sr. Treatment Plant Operator 10,752 $45 Inspector 13,344 $45 Police Officer 14,160 $60 Police Sergeant 15,360 $64 Fire Fighter 12,240 $66 Fire Lieutenant 13,356 $72 Fire Captain 14,592 $79 4.6% 4.2% 4.6% 4.4% 5.2% 5% 4% 5% 5% 6.5% 6.5% 6.5% VXHIL17 5 N 3. NON -COMPARABILITY OF POLICE AND FIRE Community problems in law enforcement differ from community fire protection problems. Council policies in each area have evolved differently. a. Peculiar problems with college community gave rise to Council policy to up grade educational level of police force in late 60's. Educational incentive instituted. (See Exhibit 7.) b. Building Codes and greatly improved Housing Code enforcement have reduced risk of fire, particularly in the downtown area. Council leadership in protecting against fire threat was in preventive measures rather than increased fire suppression activities. Educational requirements, recruiting and expectations for employees differ between the departments. a. Most police officers are recruited as college graduates while fire fighters are recruited as high school graduates. (See Exhibit 11) b. Educational incentive of $60/mo. was paid to police officers who obtained college credit in order to improve the educational level of existing officers. At the time the Union contract was settled with police and the educational incentive was discontinued 30 of 36 officers in the bargaining unit were receiving some premium pay and 18 of the 30 were receiving the maximum. C. A higher level of judgment and discretion is required on the job for police officers than is required for fire fighters. (See Exhibit 8 and 9.) d. More recruitment required for police because of higher non - retirement turnover. (See Exhibit 10.) The departmental organization is significantly different between the Police and Fire Departments. More ranks in fire, while in police the aim is to strengthen patrol and eliminate ranks where possible. Fire bargaining unit has three ranks, with lieutenants and captains supervising fire fighters within the same unit. (See Exhibit lL.) At the Battalion Chief - Police Captain level there is and has been parity. These are currently comparable jobs. EXHIBIT 6, P. 1 /067 -2- 4. Different levels of discretion are required for police officers than for fire fighters. a. Fire fighters are nearly always in the presence of a supervisor when engaged in fire suppression activities, the activities requiring the most judgment. b. Police, on the other hand, frequently operate independently. 5. Previous negotiations differ between departments. a. Fire fighters settled a thirty month contract beginning January 1975 which has given them increases amounting to 18% for a fire fighter at top step. (Employees at lower steps would also have received merit increases on a regular basis.) This contract was negotiated prior to unit certification by PERB and before the City had any statutory duty to bargain. b. Police were certified during the lengthy negotiations period preceding settlement of their two year contract (beginning July, 1976). The City paid heavily for advantages gained during the course of negotiations, including elimination of two civil service ranks, educational incentive, and a cost of living escalator. EXHIBIT 6, p. ? REFER TO: .X .... Council & Mayor ........Asst. City Manager ........ Clork•F;na n co ....... Police Chiof ........Fire Chief OFFICE OF THE CITY MANAGER City of Iowa City ........Atiornoy ........Mroelor, Parks & Recreation ........Director, Public Woris .......Director, Planning & Urban Renewal ........Engineer SUBIGCT: Budget Nemo No. 3 -- Police Incentive Pay _June 4x 1969 FOR: .......Information ........Action ....... Reply .......Comment -.-Return This memo is intended to describe in some detail the proposed incentive pay plan for the police department. We have included in the budget request an item of $6600 (page 21) for incentive pay to provide additional payment to any officer in the department who has at least three years experience in the department and who has completed approved college courses related to law enforcement. The plan would provide that on January 1 and July 1 of each year a review would be made of all course work completed by officers in the department, and the individual officer's pay would be adjusted on the basis of $1 per month for each semester hour of a completed college course in law enforcement in which he has received a final grade of "C" or better. Payment shall not exceed a total of $60 per month for any individual officer. Chief P:cCarney has provided me with an estimate of present and anticipated costs of such a program. lie presently has 16 -men in the department who could be eligible for monthly payments ranging from $10 to $60, with only two officers in the $60 category. Based on the present class attendance, projected into 1970, we would expect to start off 1970 with about $5,000 scheduled for the year; however, additional men should qualify for our July 1 review, and, therefore, we have added another $1.600 for the rest of the year. Both Chief NcCarney and I feel quite strongly that this proposal is far superior to the more conventional longevity pay plan which simply adds dollars for extra years service without any consideration for professional development of the police officer or contributions by the man to the departmental operation, .' As the name implies, the proposal provides an incentive for young men as well as seasoned officers to develop themselves in the area of law enforcement with some monetary benefit to be gained regardless of the man's rank in the department. Such a program places the law enforcement courses on a voluntary basis and, therefore, we expect the men to achieve more out of the course work than if it were required (whether on duty or off). YkS:ala Cdhl'bli 7. p• 1 /66 AN INCENTIVE PAY PLAN TO BE PAID MEMBERS 0c TILE TOWA CITY POLICE DEPARil4i'T WIIO HAVE SATISFACTORILY COMPLETED COLLEGE COURSES RLLATED T'0 LAW ENFORCEMENT. IN ORDER TO QUALIFY FOR THE INCENTIVE PAY PLAN A POLICE OFFICER MUST HAVE SERVED A FULL 3 YEAR PERIOD ON THE IOWA CITY POLICE DEPA MM ENT AND MUST NOT BE WITHIN A DISCIPLINARY PERIOD, TILE TERM " COLLEGE COURSE" AS USED HEREIN-REANS ANY SUBJECT WHICH IS NOMMALLY; f TAKEN AS A REQUIRED OR ELECTIVE COURSE FOR A DEGREE IJITH A MAJOR IN LAW f ENFORCEMENT. IN ORDER TO QUALIFY FOR THIS ADDITIONAL COMPENSATION, THE WIVEPSITY OR COLLEGE MUST SEND A TRANSCRIPT OF TILE COMPLETED COURSE AND GRADE TO THE CITY MANAGER AND CHIEF OF POLICE. On January 18t and July 1st of each year the salaries of policemen will be reviewed and the necessary adjustments will be made with the approval of the City Manager and the Chief of Police as to any increase in 'the monthly pay of said.policeman in the "Incentive Educational Pay Plan." The monthly pay of said policeman shall be in the amount of $1.00 per month for each senester hour of a completed college course in the Law Enforcement Program in which he has received a final grade of "C" (2.0) or better, but not to exceed a total of $0.00 per month for all college credits. EXHIBIT 7, P. 2 l FIREFIGHTER Definition Under general supervision, to fight fires and to operate and maintain fire trucks and firefighting equipment; and to do related work as required. Examples of Duties Responds to fire alarms for the protection of life and property; drives and maintains fire trucks and other vehicles; may select route to fire; locates trucks in the proper place at the fire for efficient operation; lays hose lines and operates engine pumping equipment as required; assists in holding nozzles to direct stream of water on fire; operates resuscitator and administers first aid; participates in fire rescue operations; assists in the handling of injured and sick persons; inspects, services and makes adjustments and repairs to equipment; washes and test fire hoses; answers general questions from the public; assists in the maintenance of clean and orderly conditions in and about the fire house; studies Fire Department rules and regulations, fire hazards and firefighting techniques; assists in fire inspection activities; participates in fire drills and exercises; may act for a superior officer in his absence. Employment Standards Education and Experience: Any combination equivalent to graduation from high school. Knowledges and Abilities: Ability to learn firefighting and rescue methods and techniques, and the operation and mechanics of firefighting equipment; ability to drive fire truck with care and safety in accordance with traffic laws and ordinances; ability to analyze fire and driving situations, and to adopt effective courses of action; ability to understand and interpret laws and regulations; ability to think and act quickly in emergencies; ability to follow oral and written instructions. CXH1BIT B, / —1 FIRE LIEUTENANT Definition Under direction, to supervise and participate in firefighting work as assistant shift commander at the central fire station, or as station commander of a single -company station; and to do related work as required. Examples of Duties Responds to fire alarms and directs the route to betaken to the fire; directs and personally assists in the work of extinguishing fires and in performing related life and property protection; -supervises the upkeep of all-, apparatus and . equipment; supervises the maintenance of the station and grounds; drills company firefighters in all phases of firefighting, rescue and resuscitation; operates fire apparatus or equipment; supervises testing and care of fire hoses; keeps required station log, fire alarm log, attendance records, and other periodic and special activity records;' assists in making inspections and investigations in carrying out the fire prevention program; may act as instructor in the department training program; acts in the absence of superior officers as required. Employment Standards Education and Experience: Any combination equivalent to graduation from high school and two years of experience in firefighting in a full-time paid fire department. Knowledges and Abilities: Knowledge of this principles and practices of fire prevention and suppression; knowledge of the use and maintenance of firefighting equipment and apparatus; knowledge of departmental rules and regulations; knowledge of City geography, fire hazards and firefighting resources; knowledge of building construction methods and materials and of elementary chemistry and physics; knowledge of first aid; ability to operate all types of firefighting equipment and apparatus and to instruct others in such operation; ability to establish and maintain effective working relationships; ability to speak effectively in public; ability to supervise others; physical endurance and agility. EXHIBIT IS, p. 2 FIRE CAPTAIN Definition Under direction, to do supervisory firefighting work as station commander of a multi -company station; and to do related work as required. Examples of Duties Responds to alarms and directs the route to be taken to the fires; at fire, makes decisions as to firefighting methods to be employed, and need for additional assistance, and directs firefighting and related life and property protection until relieved by a superior officer; supervises the upkeep of station and grounds; in accordance with department -wide program, trains and drills station personnel in all phases of firefighting, rescue and resuscitation; inspects and tests fire equipment and apparatus; when required, may operate any fire apparatus or equipment assigned to company;"keeps log and other periodic and special activity records; participates in fire prevention work; may act as relief for supervising officer as assigned. Employment Standards Education and Experience: Any combination equivalent to graduation from high school and three years of firefighting experience including one year at the lieutenant level. Knowledges and Abilities: Knowledge of the principles and practices of fire prevention and suppression; knowledge of the use and maintenance of firefighting equipment and apparatus; knowledge of departmental rules and regulations; knowledge of City geography, fire hazards and firefighting resources, such as personnel, equipment, water supply and communications; knowledge of first aid; ability to operate all types of firefighting equipment and apparatus and to instruct others in such operation; ability to lead and train men, to plan, lay out and direct their work and to maintain effective discipline and morale; ability to keep records and prepare reports; ability to establish and maintain effective working relationships with fellow employees and the public; physical endurance and agility. EXHIBIT 8. p. 3 POLICE OFFICER Definition Under general supervision, to perform law enforcement and crime prevention work; to control traffic flow and enforce focal and State traffic regulations; and to do related work as required. Examples of Duties Patrols an assigned area in radio car, motorcycle, or on foot; answers calls for protection of life and private property, and the enforcement of City and State laws; as assigned, conducts preliminary or follow-up investigations of prowlers, burglaries, thefts, holdups, accidents, deaths, and other disturbances; directs traffic, including regulations of vehicle flow, at times of emergency or congestion; stops drivers who are operating vehicles in violation of laws, and issues citations; collects and preserves evidence; testifies in court in connection with criminal prosecution; attends fire scenes to assist in the protection of life and property; serves warrants and subpoenas; prepares reports of arrests made, investigations conducted and unusual incidents observed; operates radio -telephone equipment at headquarters or in patrol vehicle; assists in booking and transporting prisoners; gives information and directions to the public; when assigned, may assist in conducting ( special studies of traffic or other problems. Employment Standards Education and Experience: Any combination equivalent to graduation from high school. Knowledges and Abilities: Ability to learn law enforcement principles and practices: ability to read and understand departmental policies, instructions, laws and regulation's; ability to analyze situations and to adopt a quick, effective and reasonable course of action; ability to prepare clear and accurate reports; physical agility; keen observation and ability to remember names, faces and details of accidents; ability to understand and follow oral and written directions; ability to learn the use and care of small firearms; ability to operate a vehicle safely and according to traffic laws and rules; ability to speak and write effectively; aptitude for law enforcement work. EXH11311 9, p. 1 /D&�/ j 0 0 POLICE DETECTIVE Definition Under direction, to investigate a variety of criminal cases; to obtain physical evidence of crimes; and to do related work as required. Examples of Duties As a plainsclothesman; investigates complaints, and crime and arrest reports to determine if crimes have been committedr�performs as undercover agent, arranging and maintaining surveillance and stakeouts;linterviews witnesses and victims;�pprehends law violators; makes warrant arrests; recovers and impounds stolen property; obtains handwriting samples from forgery suspects; `londucts preliminary and follow-up investigations on felry crimes such as narcotics, burglaries, homicides, extortions, frauds and other crimes; appears in court to present evidence and testimony; )conducts investigations of hit and run accidents; Jpreserves evidence, interrogates witnesses, and obtairgs statements from persons involved in incidents;�directs work of policemen at the scene; takes and records measurements and makes sketches,-'�follows ,through the investigation of court disposition; skeU*&s—and FAaasurescFime-seeeec;-earches for, collects and preserves other physical evidence such as bullets, fragments, tool marks, weapons, footprints, hair, and blood; prepares reports of investigation -when not carrying out investigations, may patrol the City, citing traffic violators and carrying out other duties for the protection of life and property. Employment Standards Education and Experience: Any combination equivalent to graduation from high school supplemented by courses in police methods or criminal investigations and one year of experience as a police officer in a full-time paid police department. Knowledges and Abilities: Knowledge of departmental organization, policies and regulations; knowledge of the fundamentals of police work including traffic control and crime prevention; knowledge of investigative techniques; knowledge of the rules of evidence, laws of arrest, and court procedures; ability to supervise the work of others and to maintain discipline and rnorale; ability to think clearly and act effectively in emergency situations; ability to gather, analyze, and evaluate facts and evidence and to draw sound conclusions; ability to prepare clear and concise reports; ability to deal courteously but firmly with the public. CUBIT 9, p. 2 0 0 JUVENILE OFFICER Definition Under direction, to investigate a variety of criminal cases concerning juveniles; to assist in other criminal investigations; and to do related work as required. Examples of Duties Investigates complaints concerning juveniles; patrols and investigates areas or places likely to be contributing factors to juvenile delinquency for violations of liquor control, labor and other laws relating to juveniles; visits areas where juveniles congregate to observe adults who might contribute to their delinquency; apprehends juvenile offenders or adults contributing to the delinquency of juveniles; transfers juveniles to juvenile hall after arrest; investigates reports of abandoned, neglected or missing children, lost or stolen vehicles, bicycles or other stolen property; discusses problems of children who have been arrested with parents; investigates cases of juveniles observed at late hours or in undesirable company or places; investigates and arrests adults neglecting or abusing children; interviews suspects, victims, relatives and witnesses and other personnel in offices, homes and schools; consults and offers advice regarding social problems related to actual or potential juvenile delinquency; cooperates with civic or governmental groups engaged in programs to reduce delinquency; assists in preparing complaints for adult crimes against children; testifies in court; maintains case records and prepares reports; may supervise the work of police officers; assists with general investigative work when not assigned to juvenile work; prepares and presents speeches to schools and other agenices on safety, juvenile problems and procedures. Employment Standards i Education and Experience: Any combination equivalent to graduation from high school supplemented by courses in police methods and one year of experience as a police officer in a full-time paid police department. Knowledges and Abilities: Knowledge of State and local laws relating to juvenile delinquency and the apprehension and custody of juvenile offenders; knowledge of the rules of evidence; knowledge of casework and investigative techniques; ability to obtain accurate information by means of interrogation and investigation; ability to understand social and psychological factors contributing to juvenile delinquency; ability to size up situations and people accurately; ability to become acquainted with and utilize proper community welfare resources; ability to establish and maintain effective working relationships with other officers and the public. rgu1a++ o 0 0 POLICE SERGEANT Definition Under direction, on an assigned shift, to supervise and participate in the work of a group of police officers; and to do related work as required. Examples of Duties On an assigned shift, supervises and performs traffic patrol and law enforcement activities; acts as a watch commander in absence of supervisor; inspects and assigns police officers to beats or' details; receives, investigates and makes proper disposition of complaihts from phone calls; directs and supervises subordinate personnel; makes investigations of complaints and reports to determine if crime has been committed; supervises and participates in the gathering of evidence, questioning of witnesses, and apprehension of suspects; takes charge of collecting facts and evidence at the scene of crimes and traffic accidents; apprehends traffic violators, warns drivers, and issues citations; appears in court to present evidence and testimony; maintains contact with other law enforcement agencies; operates headquarters communication equipment to dispatch officers to scene of crime, accidents and disturbances; patrols section of City in a radio car, or by foot; gives information and direction to the public; prepares reports. Employment Standards Education and Experience: Any combination equivalent to graduation from high school, supplemented by courses in police methods and two years of experience as a police officer in a full-time paid police department. Knowledges and Abilities: Knowledge of departmental organization, policies, and regulations; knowledge of the fundamentals of police work including traffic control and crime prevention; knowledge of criminal investigation methods, the rules of evidence, laws of arrest, and court procedures; ability to supervise the work of others and to maintain discipline and good morale; ability to think clearly and act effectively in emergency situations; ability to gather, analyze and evaluate facts and evidence and to draw sound conclusions; ability to prepare clear and accurate reports; ability to establish and maintain effective relationships with others. rym]T g, t). 4 EXHIBIT 10 0 FIVE YEAR TURNOVER EXPERIENCE IN FIRE DEPARTMENT AS COMPARED TO POLICE DEPARTMENT YEAR Fi re 1972 1973 1974 1975 1976 Police 1972 1973 1974 1975 1976 1972 - 1976 RETIREMENTS TERMINATIONS 1 1 1 0 1 2 0 0 1 1 TOTAL 4 4 1 0 0 4 0 2 .2 5 0 6 TOTAL 3 17 u EXHIBIT 1D 1 0607 EDUCATIONAL BACKGROUND OF POLICE OFFICERS AND FIRE FIGHTERS UPON HIRE Number hired since 1970 Last Educational Achievement prior to employment as officer/fire fighter. No High School Diploma High School Graduate High School + some college or technical training BA MA No application located FIRE FIGHTERS POLICE OFFICERS 25 34 1 0 12 3 12 19 0 7 0 3 0 2 EXHIBIT 1I *--'4I6 ORCANIZATION CHART ADMINISTRATIVE FIRE CHIEF CLERICAL POLICE CHIEF (SUPERVISORY) BATTALION CHIEFS $1390/month < >$1380/monthCAPTAINS ----------t------------- CAPTAINS LIEUTENANTS FIRE FIGHTERS (BARGAINING UNIT) SERGEANTS DEPUTY CHIEF CLERICAL (SUPERVISORY) --------------i--------------------- --- POLICE OFFICERS (BARGAINING UNIT) i it EBINLFI7S RECNID BY h4fQ3LRS OF IMA CITY FIRI�EPAKHuiEN'7 h10MLY ANNUALLY Base Wa>ps (Step E): Fire Fighter (36) $ 1,020,00 $ 12,240,00 (only 6 fire fightens not at top step) Lieutenants (6) 1,113.00 13,356.00 Captains (3) 1,216.00 14,592.00 City's Pension Contribution: 27.7`90 of base wage of fire fighter 282.54 3,390.48 State Pension Contribution: 1.21', of base wage of fire fighter 12.35 148.00 Health Insurance: 67.50 810.00 Life Insurance: Average coverage $13,000 per person. Uniforms and Equipment: All except gray work pants provided by City. Paid Leaves: (based on average hourly salary of $4.20/hr.): Holidays: 123 hours per year 516.60 Sick Leave: 144 hours per year 604.80 Pay out upon termination: 5O% Vacations: 10 year eMloyees, 192 hours per year 806.40 Reflects $3,300 new money for 1st year of this contract as agreed in course of negotiations; average monthly benefit per employee in additional time -off is $40.00 per year. Other Leaves and Benefits (Of special benefit to some employees each year): On-the-job Injury leave: Up to 2 shifts per incident. Funeral leave: Up to 2 shifts per incident. Call-in Pay: 2? hours at overtime rate per incident. Overtime Pay: New carp tine provisions. Use of City Vehicle for Grocery Buying and Voting. Complete Training as Professional Fire Fighter. EXHIBIT 13 /D 6