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HomeMy WebLinkAbout1986-03-11 Info Packet of 3/741 a City of Iowa City MEMORANDUM DATE: March 7. 1986 TO: City Council FROM: Acting City Manager RE: Material in Friday's Packet Copy of letter from Mayor Ambrisco sending a copy of State of the City Address. Letter from the State Department regarding Iowa City's Nuclear Free Zone Ordinance. Memoranaa from the City Attorney: a. Proposal for City Subsidization of the Park 'n Shop Program - Legal Ramifications a. Sale of beer in non -original containers Memorandum from the Acting Assistant City Manager regarding transit fuel cost. Memorandum from the Transportation Planner regarding AUS funding. Minutes of the February 27, 1986 meeting of the Swimming Pool Committee. Draft Profile for City Manager Position q i I CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Same letter to: President Reagan Senator Tom Harkin Rep. Cooper Evans March 5, 1986 Governor Branstad The Honorable Charles Grassley U.S. Senator 135 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Grassley: Enclosed please find a copy of my recent State of the City Address to the citizens of Iowa City. I think it reflects the current dilemma faced by many cities in the United States. I also believe that the civic leaders and citizens in Iowa City and other communities will rise to the occasion, accept the challenges which lie ahead, and endeavor to assure continual growth and prosperity in our nation's urban areas. I suggest to you that many local leaders and policymakers are, however, increasingly discouraged by the present trends at the Federal and State levels toward cutting funding for city programs while further restricting our ability to raise additional revenue locally. At the same time, the fiscal restraint which is being imposed upon us is largely ignored at the federal level and deficit spending continues at an unparalleled rate. I am gratified by the attitude of many local civic leaders who continue to make a very positive commitment to the future of their cities, and I hope the State and Federal legislatures will not only share this commitment but will assume an exemplary role in fiscal restraint and prudent, responsible spending. We must not only meet the needs of all our citizens but must do so in a fair and equitable manner. We all face a very difficult task. We share the responsibility for an effective solution to our fiscal problems. Our successful efforts will enable us to better serve our constituents in our cities, states, and this great nation. Sincerely yours, .William J. Atibrisco Mayor DH/sp cc: City Council Zf 8.s 4 Dear Mayor McDonald: FECEIk, u,'".° 315cE United States Department of State JVashington, D.C. 20520 FEB 2 5 196E The White House has shared with us your letter of December 10, 1985 with which you forwarded an Iowa City Council resolution regarding nuclear weapons. The President shares your concern about these crucial issues and has proposed the ultimate elimination of all nuclear weapons from the face of the earth. The US -Soviet agreement in early 1985 to begin new negotiations was a useful step. In the meeting between President Reagan and General Secretary Gorbachev last November, the two leaders agreed to accelerate the work at these negotiations and called for early progress in areas where there is common ground. We hope through these negotiations to achieve substantial reductions in nuclear weapons on both sides. Until such an agreement is reached we must continue to take the steps necessary to maintain an effective nuclear deterrent and en- sure the security of the United States and our allies. The support of Congress and the American people is crucial as we work to achieve substantial reductions in both US and Soviet nuclear forces. As President Reagan stated in his radio address on April 17, 1982, 'Those who governed America throughout the nuclear age and we who govern it today have had to recognize that a nuclear war cannot be won and must never be fought. So to those who protest against nuclear war I can only say I'm with you. Like my predecessors it is now my responsibilitiy to do my utmost to prevent such a war.* on behalf of the President, I would like to thank you for tak- ing the time to share your views and those of the Iowa City Council. With best wishes, ,.-\ Sincerely, 1I JayneLPl�fk Director, Intergovernmental Affairs Office of Legislative and Intergovernmental Affairs The Honorable John McDonald, Mayor of Iowa City, Civic Center, 410 East Washington Street, Iowa City, Iowa. V City of Iowa City MEMORANDUM Date: March 4, 1986 To: The Honorable Mayor and City Council From: Terrence L. Timmins, City Attorney Re: Proposal for City Subsidization of the Park 'n Shop Program -Legal Ramifications Introduction: In reflecting on the proposal recently outlined for the City to subsidize the Park 'n Shop Program at the downtown ramps, it initially appeared to me that there may be a legal problem with the concept. Although I have conducted research on the subject, I have not been able to come up with any case law that is entirely on point. However, based on the research I have conducted, it is my conclusion that a legitimate rationale may exist to justify and support the proposal, and that it could be upheld on that basis. In this memo, I will first outline my concerns with the proposal. I will then review what relevant case law I have found, and its bearing on the issues presented in our situation. Discussion: Generally speaking, when the City engages in any enterprise activity, such as the provision of parking services, transit services, sewer and water utility service, it must make that service 'available to the, public on a fair and equal basis. In setting rates and in charging fees for the provision of such services, the City must treat similarly situated indi- viduals in a fair and equal manner. When a municipality establishes a rate structure, for instance, for the provision of sewer and water serv- ices, it must do so without discriminating. against particular individuals or classes of individuals. Generally, the body of case law regarding public utility rate making applies to municipal rate making. In the field of public utility rate making, it is recognized that the utility may charge a different rateas between residential and commercial/industrial users. However, in those instances the public utility has the burden of demonstrating that there is a rational basis for the discrimination, and that it supports a legitimate interest. In that context, public utilities have argued that it is rational to provide a given unit of service at a lower rate to high volume users, such as commercial/industrial user, since their cost of providing that service to the high volume user is marginally less than it is than providing that same unit of service to a low volume user, such as a homeowner. This rationale has generally been upheld. In the context of a municipal parking ramp, much the same thing takes place when the City sells a monthly parking permit for less than what the per hour fee would be for use during that same period of time. Again, the City can argue that there is a marginal savings to the City in the case of monthly parking permit because there is less expense involved in admini- stering a monthly parking permit than there is in collecting fees from 4-97 hourly parkers. So the fact that one user pays less for a given unit of "service" does not necessarily mean that the City is impermissably dis- criminating between users. The Downtown Association recently proposed, in response to the parking rate increase, that the City increase its participation in the Park 'n Shop Program which has been in effect for a number of years. In order to flesh out the potential problem with that proposal, it will be necessary for me to review with you how the Park 'n Shop Program has worked in the past. Essentially, if a parker in one of the ramps did business with a participating merchant, and purchased the requisite dollar value of goods, that -merchant applied a stamp to the Parker's ticket. Each stamp applied to the ticket entitled that parker to an hour's worth of parking "credit." Thus, if a parker who had been in the ramp two hours presented a ticket with one stamp on it, the parker was only charged for the second hour. Under the former rate structure, the first hour's parking was 35 cents, and the second hour and succeeding hours were at 30 cents per hour. Under our However, hypothetical, e , becausethetiParker would h ave owed ckethadonestamp on iparking t the first fee of 5 i st h urfeee- s. 35 cents - was not be charged to the parker, and he would have been allowed to leave the ramp upon payment of 30 cents. The 35 cent charge for the first hour was then charged back to the merchant who stamped the ticket. Under that system, it was the merchant who subsidized the parker. The City realized the entire value of epar ment services rendered - 30 cents from the parker and 35 cents from the merchant who stamped the Parker's ticket. When the hotel opened in the fall of 1984, it was pointed out that this system was inequitable to certain merchant participants in that when two merchants stamped the same ticket, one was charged 351 and the other 301. Also, it was recognized that some parkers obtained two or more stamps, but stayed less than an hour in the ramp, in which case the City realized more parking revenue than it was really entitled to. In order to adjust these inequities from a bookkeeping perspective, the City agreed to charge back only 301 to merchants on the first hour of parking, instead of the full first hour rate of 351. Thus, a merchant who stamped a parking ticket was charged only 301, no matter how many other merchants, if any, stamped the ticket. This is the procedure that was in effect until the new rates recently went into effect. Under the new rate structure, the parking fee is a flat 401 per hour. The DTA has proposed that each stamp applied to a parking ticket continue to entitle the parker to an hour's free parking, but that the merchant who stamped the card be charged back only 30d for each stamp applied to a ticket. Thus, instead of losing only a nickel on the first hour of park- ing by Park 'n Shop parkers, the City would lose a dime on every hour parked. Also, this can no longer be seen as a bookkeeping adjustment, in that the flat rate eliminates any inequities between merchants who stamp for the first hour of parking, and those who stamp for the second and succeeding hours. The proposal to increase City participation now has to be viewed as a City subsidy for the Park 'n Shop Program. The question presented is whether or not such a subsidy constitutes impermissible discrimination against non -participating parkers and merchants or whether it is rationally directed at achieving a legitimate governmental end. z1v In researching the matter, I found only one case on point and it did not involve a subsidy indentical to the one now being contemplated in Iowa City. In Jarvill vs. Eugene, 289 Ore 157, 613 P.2d 1, the city initiated free arkin to t s own own, the rationale being that that would encour- age own own shopping and thus the revitalization of the downtown central business district area. The court in that case upheld the measure, saying that it served a legitimate governmental purpose. Count Board of Arlin tan Count v. Richards, 434 U.S. 5, 96 S. Ct. 24, tnvo ve an or - nance pro it t tng on-s ree parking in residential areas except to resi- dents thereof, to persons doing business with the residents and to some visitors, all of whom were eligible to receive free parking permits. Citing permissible social and environmental objectives, the court upheld the ordinance saying it did not deny equal protection to non-residents. In our circumstances, an effort by the City to encourage shopping in the downtown and utilization of the parking ramps by shoppers would probably be viewed as a legitimate end of government, particularly in light of the City's massive investment in its downtown and its continuing efforts to make tan t. Indeed, the oCity's continued financialtandeeconom c ionalhealtshohpdepend coninithe viability of its downtown commercial base. Not only that, but the City's indebtedness on its parking ramps can only be paid off if there is maximum utilization of them by persons shopping in the downtown. Thus, the suc- cess of the City's efforts to retire those bonds and the continued eco- nomic vitality of downtown merchants could be seen as mutually dependent. If one accepts the legitimacy of the governmental end which the City's subsidization of the Park 'n Shop Program seeks to achieve, the only remaining issue is whether or not the means chosen to achieve that end is itself rationally directed at achieving that end. In Jarvill vs. E for the adairdetermined that free ttpu ene, would sevethat end.Someof hosearkerswoul have been shoppers and other would not. In that case, the means chosen was probably overinclusive, but was nonetheless upheld. In our situation, Iowa City would be utilizing a much narrower means to achieve the same end. The subsidy proposed would only go to•sshh_opeers, and then only to shoppers spending a certain minimum amount at a�c1 atin stores. Other shoppers who nonetheless spen m� oney in the own own, u eTFe_not enough or not with participating merchants, would not receive the subsidy. The question presented is whether the proposed subsidy would be so underinclusive as not to be rationally directed at achieving the desire ed—nn In my view, the proposed City subsidy of the Park 'n Shop Program would probably be upheld, even though it is somewhat underinclusive. It is clear that Iowa City cannot afford a free parking program such as that reviewed in the Jarvill case. Furthermore, our program must rely to a great extent on m-er—MaRnT participation, both for financial reasons and for purposes of differentiating shoppers from non -shoppers. Finally a key consideration is that while all shoppers may not receive the. subsidy, the program and its benefits are available to all downtown shoppers and all downtown merchants alike on a fair and equal basis. As such, even though the proposed subsidy would not benefit all downtownmerchants and shop- pers, it would be available to all and would benefit substantial numbers of them. T t 4 Under constitutional equal protection analysis, the classification of persons to wham the proposed subsidy would apply (shoppers spending in excess of $10 at participating downtown merchants) would probably be upheld by a reviewing court, despite the underinclusiveness problem. "Under that test the classification must be sustained unless it is patently arbitrary and bears no rational relationship to a legitimate governmental interest. Id. It does not deny equal protection simply because in practice it results in some inequality; practical problems of government permit rough accommodations; and the classification will be upheld if any state of facts reasonably can be conceived to justify it." Lunday vs. Vogelmann, 213 N.W.2d 904, 907. /sp errence imn ns, y orney City of Iowa City MEMORANDUM Date: February 27, 1986 To: Mayor and City Council From: Terrence L. Timmins, City Attorney Re: Sale of beer in non -original containers Introduction: I was recently contacted by Attorney Paul Macek of Davenport, Iowa, re- garding a proposal by one of his clients to market beer in Iowa City by selling it essentially,ioginal n his is thatheintendstomopen a pizza restaurant, selling both pizza and beer to sit-down clientele, carry -out clientele, and by deliv- ery. As part of his marketing strategy, his client has determined that it would be much more profitable to sell beer in "non -original containers" - paper cups - rather than selling it in cans or bottles. The question posed by Mr. Macek to us was whether or not such sale of beer in "non -original containers" would comport with City code requirements. This issue is being brought to the City Council's attention because applicable City Code provisions do not provide us with clear guidance on the issue, and we feel it necessary to obtain some policy direction from the City Council. Discussion - Section 5-12 of the City Code provides as follows: "Section 5-12. possession of Open Containers. It shall be unlawful for any person to possess any o en container of beer or alcoholic beverages upon the public streets or highways, includ- ing the sidewalk within the public right-of-way, and in any public place, except premises covered by a liquor control li- cense." The Iowa Code contains a similar provision at Section 123.28 of the Code, which reads as follows: "A person driving a motor vehicle shall not knowingly possess in a motor vehicle upon a public street or highway any open or unsealed can,jar, beer with or her the rintentclto containing hat alcoholic beverage or beer while the motor vehicle is upon a public street or highway. Evidence that an open or unsealed .receptacle containing an alcoholic beverage or beer was found during an authorized search in the glove compartment, utility compartment, console, front passenger seat, or any unlocked portable device and within the immediate reach of the driver or the motor vehicle is upon the public street or highway is evi- dence from which the court or jury may infer that the driver W MK�ll4t4({vu� a�\a\aY\+\ti a\ ava �Ya(v.wK..wv.nJJfYs'..Y 1 as aaan.nw�..R...wwrsv��.w.4.vr,rv.Y ..v�..O'.Y.Y.a .•.rwaM� 15. Ken indicated the best location for the building on the site was on School property just to the west of the property line of the school and park. This would allow for any future expansion to be located to the north of the pool and all parking would be on the City's property to the east. The floor of the pool will be 4 to 6 feet higher than Mercer Park Pool. This ht the dat containedrherein�besconsideredoa factualvreference�andnp ovidetaabasis fora de- sign. If you have any questions, additions or changes, please contact this office. NEUMANN MUNSON ARCHITECTS Distribution: 10 copies - Rec. Center 226 South Clinton Street Ken Wictor Iowa City, Iowa 52240 Roy Neumann Kevin Monson Jack Kiefers NMA File i I i I I i l Page 2 \...aa .... , v vvv 0...aw.w.+. _ . �a a ...• intended to consume the alcoholic beverage or beer while upon the public street or highway... however, an open or unsealed receptacle containing an alcoholic beverage or beer may be transported at any time in the trunk of the motor vehicle or in some other area of the interior of the motor vehicle not de- signed or intended to be occupied by the driver and not readily accessible to the driver while the motor vehicle is in motion." The issue obviously presented is whether or not beer in a paper cup, covered by a plastic top, is an "open container" under either the above- mentioned City Code or State Code provisions. In initial discussions of this issue with Mr. Macek, I indicated a concern that carry -out patrons who remove the plastic lid from the cup of beer and consume same, either while walking down the street or while on the way home in the car, would be in violation of either the State Code provision or the City Code provision mentioned above. On that basis, Mr. Macek's client slightly modified his proposal, and has since indicated that he would not propose to sell beer in such containers to carry -out patrons. However, this still leaves open the question of whether or not the trans- port of beer in such containers for delivery would constitute a violation of either the City Code provision or the State Code provision. Under the State Code provision, a delivery driver could be charged with an offense, but could probably rebut the presumption contained in Section 123.28 if he could show that he did not intend to consume the beer which he was trans- porting. Another way to avon a tate Code violation in this regard would be for the beer to be placed in a part of the delivery vehicle which could not be accessed by the driver while making deliveries. However, there is no such escape clause in the City Code provision. It flatly states that it is a violation for anyone to have an �o�pPe_n container while upon the public streets, highways, or sidewalks. IfNeer in a paper cup capped by a plastic lid is considered an "open container" under our City Code provi- sion, it would be a misdemeanor for anyone to transport such a container over city streets for delivery purposes. The issue before us thus hinges on our interpretation of the term "open container." Unfortunately, that term is not defined in the City Code. Rather than go to great lengths to come up with an interpretation of this term, based on some vague sense of the Council's intent, I felt that it would be advisable to, first of all, obtain City staff's thoughts and recommendations on the matter, and, secondly, to review the matter with the City Council in order to arrive at a clear decision as to what the City's position would be. I have reviewed this matter with Acting City Manager Dale Helling and Chief of Police Harvey Miller, and Chief Miller's comments and recommendations are appended to this memo. For the reasons stated in that attached memo, Chief Miller opposes delivery sales of beer in covered paper cups, or other similar containers. In addressing this issue, the City Council has at least two clear alterna- tives - it can either accept or reject the proposal set forth by Mr. Macek's client. In either event, I think it advisable that the City Council proceed to amend its City Code provisions to clearly take a posi- tion on the issue. If the City Council is of a mind to approve the sale of beer in such containers, it ought to clearly state that in the City Code, and it ought to set forth the conditions under which such sales may occur. in this regard, the City Council may want to prohibit the sale of FM i i beer in such containers for carry -out patrons, while permitting them for delivery. In either event, the term "open container" should be defined so that this issue can be put to rest. Conclusion: This matter has been scheduled for Council discussion at the informal Council meeting on March 24, 1986. At that time, City staff will be present to present their perspective on the matter. Mr. Macek and his client will also be invited to \tenr at session, so that there can be a full exposition of the matter. be At vw:ia avaAva:vaaauaa.�.ai.a.tv..w-.�.r..v.rrrrr,r..a...�..•.—.A•—..�.rrr..r....�n......r.........a.a....n•wrw.�.. 7. The code restrictions as to the legal age of the buyer or Purveyor of beer/liquor would be impossible to enforce if this privilege is allowed. S. Finally, the or miss from which the beer/liquor was sold may want to serve food after the legal hours of closing [sec. 5.10(C) City Code]. This would not be allowed if the establishment holds a beer/liquor permit. I do not want to interfere in any legitimate business activity or undertaking. However, I think allowing this request for what is really an off premise sale of beer/liquor is a minefield of potential hazards. cc: Dale Melling, Acting City Manager 1 ZI-0 i 0 I •�.Aaattv�l a�a.ta City of Iowa City MEMORANDUM DATE: February 24, 1986 TO: Terry Timmins, City Attorney FROM: Harvey D. Miller, Police Chief''``�l.>%MP4 Y�+ RE: Carryout Beer Proposal: Other Than Original Containers FebRegardless informal oopinion � February lo, 1986,inregardtointerpretingrsection 123.131 of the Iowa Code, I believe the enforcement problems that probably would arise, far outweigh any advantage to the purveyor. As a matter of fact, I think allowing sale in any but an original container would emasculate, over a period of time, any enforcement of liquor/beer laws in Iowa City. 1. Granting this privilege to one establishment will certainly open the door to every other food delivery service in Iowa City to do likewise. 2. The nature and age of the population of this community is such that if a way exists to circumvent any legal provision, it will be discovered and used. 3. Delivery of beer ordered by telephone, even if it is ordered with food, may violate the Prohibited Sales provision of the City Code, sec. 5.1, P. 365...."delivery or trafficking [of beer or liquor is prohibited) for a valuable consideration promised or obtained". Certainly the delivery of beer or liquor ordered by phone is for a "promised valuable consideration". 4. A delivery person, if required to pay for food/drink prior to effecting delivery --- and this is not an uncommon practice --- is actually an unlicensed vendor purchasing the beverage for resale and hence a "bootlegger". 5. The judgement as to whether beer/liquor was sold, given, or dispensed to any intoxicated person or one simulating intoxication dlierer working under [the [most iadverse �conditions would be binawhichvtoy makeson such a judgement. 6. There is no way to enforce the provisions of the State Code or local ordinances in regard to the hours beer/liquor could be sold or dispensed. REcFI V ED ......................... City of Iowa City MEMORANDUM Date: March 6, 1986 To: City Council From: Rosemary Vitosh, Acting Assistant City Manager Re: Transit Fuel Cost Darrell Courtney requested information on whether the recent decline in fuel costs would result in expenditure reductions for Transit during this fiscal year. The City's fuel contract does provide for a bi-weekly adjustment in fuel rates based upon the current market prices. In early December, Tran- sit's diesel fuel was costing 911 per gallon. The rate has been dropping since then and as of March 4, the City's rate was 56.21 per gallon. It is predicted to climb back into the 701 range by early summer. On the average, all buses travel 63,000 miles a month and average 3.7 miles per gallon. Assuming an average 251 savings per gallon for six months would result in a cost savings of approximately $25,500. Actual cost savings will be dependent upon fuel rate adjustments during the remainder of this fiscal year but the potential does exist for significant cost savings in this area. bj4/12 E ,�ii N \a{\t'�aitat.•�'a \ii\'a �.iv\a(t Johnson County Council of Governments 410EVvf1shirgtcnSt. b✓a0ry,bAAo52240 00 Date: March 6, 1986 To: `4�Dale Helling, Acting City Manager From:)II John Lundell, Transportation Planner Re: ��r111 FAUS Funding I recently spoke with Mr. Gus Anderson, Iowa DOT Deputy Director for Develop- ment, regarding the federal funding process as it relates to FAUS funds. He explained to me that the FAUS shortfall is only a portion of an overall reduc- tion in federal highway funds. The problem began in 1977 when Congresspassed a law subjecting the Highway Trust Fund (and other Trust Funds) to the "Federal Unified Budget Process." This law subjected the Trust Fund to established spending limits regardless of the amount of user generated revenue. Numerous transportation groups have lobbied Congress to remove the Trust Fund from this budget process. In the fall of 1985 a bill to accomplish this was introduced in the House and defeated by a narrow margin. Gramm-Rudman has only made a bad situation worse. It has further restricted the amount of federal highway funds allocated to each state. Mr. Anderson said that we should not expect.a quick solution to this funding shortfall. He said our Councilmembers while in Washington, D.C., should en- courage our representatives to support the move to remove the Highway Trust Fund from the unified budget process. He said that referring specifically to the Dubuque Street reconstruction project will be useful since it brings the overall dilemma down to a specific, identifiable problem.. Mr. Anderson also said that Federal officials may suggest that we request the Iowa DOT to switch funds around between various Federal programs administered by the State, thereby providing sufficient FAUS funds for the Iowa City pro- ject. Reconstruction For example, take money from the Bridge Replacto the FAUSPPemeyynt Fustatnd or the Inter - order obefairand equitable, transfer tra. He e, theIowaDDT has establishedma Policyioftred ucn ing all Federal programs by the same percentage. He said they want to avoid being accused of favoritism by the group negatively impacted by any switch. On the brighter side, Mr. Anderson said that on a monthly basis they evaluate the actual construction bids received on the various Federal projects. He said recently the bids had been coming in considerably below the engineer's esti- mate. He said this may allow the Iowa City project to proceed sooner than currently anticipated but cautioned us not to get our hopes up. If you have any questions or desire additional information, please feel free to contact me. Thank you. JL/sp cc: Don Schmeiser, JCCOG Director Frank Farmer, City Engineer 4/ 90 •V•.va:...a.aa,..,a...•........... a..,....c....,..: �..:,... 1. Randy pointed out that their are no laws or DPI guidelines requiring sep- arate locker room facilities for public and school use. If possible it would be preferred to have separation for privacy for the two groups. 2. The School District personnel will be meeting to discuss the 6 lane vs. 8 lane issue. 3. Next week a public meeting wi11 be held from 4:30 to 6:30 to seek the ad- vise and comment from interested community individuals. 4. The Campaign Committee to support the bond issue needs to begin to organ- ize. Members from this committee were encouraged to participate. 5. Ken presented the schematic plan for the swimming pool containing over 33,000 square feet of space. 6. Shallow water "ell" will have water depths of 30" to 48". 7. Spectator seating at diving end is 357 and at other end 210 in folding bleachers. B. There will be limited parking at the front door with the drive then connecting to the present parking area. 9. An on deck supervisors space was deem necessary at the west end of the pool. 10. A window was added to the lifeguard/first aid room overlooking the pool. 11. The play room should be labeled multi-purpose room as it may be used for a variety of events. 12. A preliminary square foot cost estimate indicates the cost of this plan would be in the $3.5 million range. 13. The Architects will have 8 1/2" x 11" floor plans, a fact sheet and a slide of the floor plan for next weeks public meeting. 14. Dale will get with Jerry and determine a time when they both can meet to discuss the contract with the Architects. Page 1 CONFERENCE MEMORANDUM DATE: February 27, 1986 PROJECT: Joint Swimming Pool Iowa City, IA NM File p2.86A PRESENT: Planning Committee: Mike Cilek Darrel G. Courtney Randy Jordison, Co -Chair Diana Lundell Mike -Moran Dee Yanderhoef City of Iowa City: Dale Helling Iowa City Community School District: Jerry Palmer Neumann Monson, P.C., architects Kevin Monson Ken Wictor NOTES BY: Kevin Monson 1. Randy pointed out that their are no laws or DPI guidelines requiring sep- arate locker room facilities for public and school use. If possible it would be preferred to have separation for privacy for the two groups. 2. The School District personnel will be meeting to discuss the 6 lane vs. 8 lane issue. 3. Next week a public meeting wi11 be held from 4:30 to 6:30 to seek the ad- vise and comment from interested community individuals. 4. The Campaign Committee to support the bond issue needs to begin to organ- ize. Members from this committee were encouraged to participate. 5. Ken presented the schematic plan for the swimming pool containing over 33,000 square feet of space. 6. Shallow water "ell" will have water depths of 30" to 48". 7. Spectator seating at diving end is 357 and at other end 210 in folding bleachers. B. There will be limited parking at the front door with the drive then connecting to the present parking area. 9. An on deck supervisors space was deem necessary at the west end of the pool. 10. A window was added to the lifeguard/first aid room overlooking the pool. 11. The play room should be labeled multi-purpose room as it may be used for a variety of events. 12. A preliminary square foot cost estimate indicates the cost of this plan would be in the $3.5 million range. 13. The Architects will have 8 1/2" x 11" floor plans, a fact sheet and a slide of the floor plan for next weeks public meeting. 14. Dale will get with Jerry and determine a time when they both can meet to discuss the contract with the Architects. Page 1 I a.a..t....�.a�.aw.�.'.�..t1+�.:.'.w.w,..r. n,....,....«....R.......+.,..�..w�...^...n......�..w.«....�v.wnY-�. Jensen•01dani & Associates Inc. Comprehensive Management & Human Resources Consultants Ms. Lorraine Saeger City of Iowa City 410 E. Washington Iowa City, IA 52240 Dear Ms. Saeger: March 10, 1986 Jensen-Oldani & Associates has been retained to assist the City of Iowa City, Iowa, in its search for a new City Manager. Iowa City is home of the University of Iowa (student population 29,000) and has 53,000 residents. The City's annual budget is $30MM inclusive of the CIP budget, and it employs 485 individuals. Iowa City is a picturesque college town set on rolling hills overlooking the Iowa River. The community serves as the region's cultural and academic center. The University Hospitals and Medi- cal Clinics are part of the largest "teaching hospital" in the United States. Hansker Auditorium is host to the Joffrey Ballet's summer retreat as well as other first line entertainment. The new City Manager will report to a seven -member Council and is expected to provide strong guidance to a relatively new top management team. Iowa City is a full service City that has drawn praise/recognition for its cooperative and joint venture programs in the areas of transportation, library and special group services. The former City Manager served for a period of eleven years before moving to a position of significantly in- creased responsibility. Because of your position in public management, we hope that ,you might be of assistance to us.in this search. The enclosed announcement outlines some of the important aspects of the position and is designed for posting or distribution as you deem appropriate. If you are aware of qualified indi- viduals who may have an interest in the opportunity, we would appreciate your passing the announcement to them or have them contact us at (206) 451-3938. We appreciate your assistance and will be happy to answer any questions at your convenience. Sincerely, JENSEN-OLOANI & ASSOCIATES, INC. Jerrold Oldani President JO/ps Suite 570, One Bellevue Center 411 •108th Avenue N.E. / Bellevue, WA 98004 / (20(3) 4513938 �9oz. CITY OF IOWA CITY, IOWA CITY MANAGER Iowa City, Iowa (53,000) is the home of the University of Iowa, with an enrollment of 29,000 students. The City is both the cultural and educa- tional center for Eastern -Central Iowa and has shown itself to be a stable community with a growing/strong economic base. The City employs 485 indi- viduals and has an annual budget of $30MM, including the Capital Improve- ments Program budget. The General Fund is $14MM. Iowa City is a full service City with the exception of the electric utility, Library and the General Aviation Airport, which are run in coordination with independent Commissions and have County -wide application. The City Manager reports to a seven -member Council with four at -large members and three members elected by District; hold four ,year terms on an overlapping basis. Ten Department Heads (Finance, Fire, Housing Inspec- tion, Human Relations, Parks & Recreation, Planning & Program Development, Police, Public Works, Senior Center, Transit) and an Assistant City Manager report directly to the position; close liaison is maintained with the City Attorney and City Clerk who report to Council. The City is seeking a strong leader and motivator of staff who has excep- tional skills in financial management, ,joint venture/interagency coopera- tion, economic development and long range planning. Backgrounds in trans- portation, municipal utilities and human services are highly desirable. Experience in a University oriented community is preferred but not manda- tory. Strong skills in community relations, active citizen participation and an open governmental process must be demonstrated. Candidates should have a record of progressively responsible public sector experience, ideally as a City Manager in a community of more than 35,000+, or as a Deputy or Assistant City Manager in a City of 50,000 or more; 7-10 years' management experience is desired. The City of Iowa City enjoys a reputation as a stable and progressive environment where the last City Manager served eleven ,years. Only five individuals have held the position since ICMA recognition in 1951. Annual compensation is expected to be $52,000 to $62,000+, dependent on qualifications and experience. A sound program of fringe benefits plus car allowance is included. Female and Minority candidates are encouraged to apply. Interested persons please respond by April 11, 1986, with resume and salary history to: Jerrold Oldani, President Jensen-Oldani & Associates, Inc. One Bellevue Center, Suite 570 411 - 108th Avenue NE Bellevue, Washington 98004 (206) 451-3938 EQUAL OPPORTUNITY EMPLOYER M/F/H vAiahtvhav \a.M.SNv..... .LN.µM-hYi........ .www City of Iowa City I-� MEMORANDUM DATE; March 10, 1986 TO: City Council and Citizen Selection Committee FROM; Rosemary Vitosh, Acting Assistant City Manager&,} - RE; Draft Porfile for City Manager Position Enclosed is the draft profile received today from Jerry Oldani. Mr. Oldani will be at the Council's informal meeting on Tuesday night (March 11, 1986) at 6:00 p.m. to discuss the profile. n 4 ■ R L e, wl� aaStt s(.ta t i ✓. Jensen•Oldani & Associates Inc. Comprehensive Management & Human Resources Consultants TITLE: City Manager CITY OF IOWA CITY, IOWA Position Specification REPORTS TO: Seven member City Council, three nominated by District, four at -large, all elected for four year overlapping teens. (While not proscribed by ordinance, history indicated that members of Council do not normally serve for more than two terns.) PROBABLE STARTING SALARY RANGE: $52,000-$62,000+, dependent on qualifica- tions. The prior City Manager earned $56,000 per year plus car allow- ance. ORGANIZATIONAL CHART: See Attached PEER LEVEL RELATIONSHIPS: While the City Manager has no organizational peers, he/she works closely with the City Council, department heads, officials from Johnson County and the Johnson County Council of Govern- ments (JCCOG) as well as officials from neighboring communities such as Coralville and University Heights. Along with the Mayor and Council, is a representative of the City with citizen groups, the business community, the media, other public agency executives, the local School District and the University of Iowa. Represents the City with various advisory Boards and Commissions, (30 such organizations exist) with specific emphasis on the Library Board of Trustees and Airport Commis- sion, civic organizations, professional associations, and legislative/ - regulatory bodies. Serves as principal coordinator for intergovernmen- tal relations. SUPERVISES: Directly supervises an Assistant City Manager and Department D rectors of Finance, Fire, Housing Inspection, Human Relations, Parks & Recreation, Planning and Program Development, Police, Public Works, Transit, Senior Center and has close coordination with the Library Director and the Airport Manager. Maintains on-going working relation- ships with the City Attorney and City Clerk, who are both appointed by Council. The City Manager oversees a budget of $30MM ($14MM General Fund). The five year Capital Improvement Program Budget is approxi- mately $15MM (1986-1990). The City Manager indirectly supervises a staff of 485, with portions of the workforce represented by AFSCME, the International Association of Fire Fighters (IAFF) and a Fraternal Order of Police. Suite 570. One Bellevue Center 411 108th Avenue N.E. / Bellevue, WA 98004 , (206)451.3938 W.,..x a......e.«................a......c......n.::: Recruiting Specification Page Two COMMUNITY ORIENTATION: Iowa City is both a cultural plus educational center for Eastern -Central Iowa while showing itself to be a stable and diversified community. Located astride Interstate 80, Iowa City is in close proximity to Chicago, Des Moines, Minneapolis, the Quad Cities (Davenport, Bettendorf, Moline and Rock Island) and St. Louis. Iowa City has maintained a strong degree of stability in its economic base while the remainder of the State has experienced downturns associated with the agricultural and farm equipment manufacturing industries. The home of the University of Iowa (29,000 students), founded in 1847, Iowa City has a unique college town environment which blends tradition- al values with a youthful populace and a friendly, open environment. The University, while known for its schools of Medicine, Engineering and Journalism, also boasts award winning cultural, recreational and leisure time facilities as well as major hospital and medical research centers. The City's economy is diversified with Iowa City being home to divisions of major national corporations such as H.J. Heinz Company, Moore Business Forms, Proctor 8 Gamble Manufacturing, National Computer Systems, Sheller -Globe Corporation, American College Testing and the Owens Brush Company. The Community has enjoyed eleven years of stable government under one City Manager. Community business leaders, the University and municipal government have joined in producing strong downtown re -development and economic development programs which lend to the environment; unique cooperative programs exist in the areas of public transportation and community services. Centered on the Iowa River, the City has invested heavily in parks and recreation, historic preservation and insuring the existence of an open governmental process. MAJOR AREAS OF RESPONSIBILITY: 1. Guides City Administration and Operations in accordance with- municipal management principles, city ordinances and applicable state and federal law. 2. Works for and advises the City Council on technical issues regarding budget, funding, policy and procedural issues. Ensures that the poli- cies set by Council are carried out in an efficient, cost-effective and timely manner. 3. Works with Council to develop and formulate the long-range 'direction, objectives and programs of the City. 4. As directed by the Council, assumes an active leadership role on highly sensitive issues; serves as a liaison between the City and civic groups, private citizens, the press, local, state or federal agencies/ - commissions and other governmental agencies. Will speak frequently to a wide variety of groups and make major presentations to City Council, the press and citizens. *9�z_ Recruiting Specification Page Three 5. Contributes to the effective administration of City government by fos- tering an attitude among staff that encourages cooperation, coordina- tion of efforts, efficient use of resources and a service orientation to the citizenry. Ensures the establishment of programs designed to maintain positive employee relations. 6. Directs the formulation and eventual implementation of the City's bud- get, Capital Improvement Programs and establishes such controls, reven- ue/funding sources and grants programs that will ensure the financial integrity of the City. SIGNIFICANT AGENDA ITEMS: The following issues have been identified by Counci and staff as worthy of the new City Manager's attention in the near term. They are not necessarily listed in the order of importance and are subject to modification based on current community conditions and timing. A. Or' anizational Anal E's 8 Staff Development - A review of organiza- tionaT strengths and a ocation of resources will be needed immediately in view of the fact that many of the Department Directors are relative- ly new. Among the new personnel are the Fire Chief, Parks 8 Recreation Director, Transit Director, Human Resources Director; pending retire- ment of the Water Superintendent is noted. A new City Attorney, as well as a new City Manager will potentially call for revised team building efforts from both the Manager's and Council's standpoints. Additional emphasis is needed in the areas of staff development, team building and goal setting. B. Economic Develo ment 8 Redevelo ent - Continuing support and liaison with the F rst Capital Deve opment Corporation, a cooperative venture to which the City contributes $40,000 annually, in an effort to attract new business, must be maintained. Through Council, further definition of the role of the City in economic development efforts and the City Manager's role in that effort should occur. Close liaison must be maintained with the Downtown Merchants Associa- tion, the Chamber of Commerce and other interested groups over the development of the last remaining parcel of land as part of the Urban Renewal Project. C. Airport Expansion/Regulatory Compliance - Due to the encroachment of development on airport boundaries, the FAA found the City in non-com- pliance with its safety standards and withdrew pending funds ($285,000) for airport expansion. Negotiations with the FAA, formulation of al- ternative plans for Council consideration and determination of how to finance the $800,000 in needed improvements to restore compliance qual- ifications is necessary. Airport Master Plan build -out potentially involves $2.5MM in improvements. Continued pressure from developers and potential litigation over restrictions in clear zones further complicate the issue. 44q,,7- Recruiting Specification Page Four D. Franchise Fees - Potential revenues due to the City from non-exclusive gas and d electric franchises with Iowa -Illinois Gas and Electric Company are in question as to their legality. In coordination with the City Attorney, strategies and concepts for reaching successful resolvement of this issue must be determined. Additional franchise fee questions exist regarding the cable TV franchise with Heritage Corporation which claims "no obligation to make payment" under revised guidelines from the Federal Communications Commission. E. Capital Construction Projects/Funding Decisions 1. Guide the strategy and monitor progress on selection of partici- pants and initiation of construction of a $35-40MM Sewage Treatment Plant to supplement the capacity of the City's only plant, built in 1935. This three year project is to be potentially financed through revenue and zero coupon bonds. The three year project is scheduled to start in early 1987. 2. Directly guide the programs surrounding major bond issues for a new (joint venture with the School District) $3.5MM indoor swimming pool, $1.5MM in needed street/bridge repair projects; both issues are slated for voter approval in June of this year. 3. Determine/conduct feasibility studies for potential construction of new/consolidated municipal facilities/offices with an estimated cost of $3.5MM. This would also include primary consideration for improve- ment/expansion of Police and Fire facilities. 4. Related capital projects and other expenditures may be drastically affected by a potential property tax freeze, as well as cutbacks in federally funded programs, IE. CDBG, UDAG. The new Manager, along with the Finance Director and City Attorney must determine other means of generating revenues for the City to include developers' impact fees, special assessment districts, exercise of local tax options, etc. Recommendations/contingency plans should be continually presented and updated for Council. F. Risk Management - Immediate evaluation of the City's liability insur- ance matters must be undertaken in view of the recent 300% premium increase and pending 200% increase potentially facing the City upon renewal. Current premiums exceed $1MM; self insurance and restructur- ing issues must be explored for the July 1st renewal date. Examination of "insurance pool" concepts with other surrounding governmental agen- cies may also have merit. G. Transit System - Conduct immediate analysis with regard to consolida- tion, cut-back or alternative funding of the City's transit system, which is recognized for its high quality of service. Operating defi- cits of approximately $500,000 annually have been noted as well as a recent controversial subsidy of $250,000 from the Parking Fund. This 30 bus fleet operation coordinates closely with the University CAMBUS, the Coralville Transit System and SEATS, which provides transportation services to elderly an handicapped citizens. �9a- �-KMNaa, taaS ai..\.e.�a1 .v Recruiting Specification Page Five Labor Relations - Review and resolution of the current contract dispute on potentia reopening of contract issues with the IAFF should be concluded prior to the new Manager's arrival. However, financial matters within the City and potential open discussion about cut-backs in City services could make association with the unions more attractive for employees. Constructive programs of employee relations, strong attention to employee matters by new Directors, and ongoing communica- tions/development programs should be undertaken during this period of transition. I. Growth Management - Begin revision of the Comprehensive Plan with specific emphasis on coordination with other jurisdictions through JCCOG, the University, the Rural Policy Board, the Urban Environment Committee, etc. Ensure that the components of the plan specifically address environmental concerns, neighborhood planning, transportation issues and growth in the Urban Fringe areas. In conjunction with the Plan and growth management issues, provide al- ternatives and suggestions in the "Quality of Life" areas such as the arts, historic preservation, recreation -open space/ parks planning and riverfront development. Conceptualize alternative for Council consid- eration for a vision or image of Iowa City in the year 2000 or beyond. J. Administrative Services - Continue implementation and investigation of computerized systems methods to increase departmental efficiencies, (reduced record storage) enhance financial analysis and provide more timely retrieval of information for Council and the citizenry. K. Social Service Programs - sociaLoss of federal funding will likely neces- sitate providing more l services and public assistance programs at the local level. Investigate and assess ways for Iowa City to work with other jurisdictions and private agencies in addressing human ser- vices needs. Of particular interest are areas such as low cost hous- ing, neighborhood revitalization/rehabilitation, housing rehab pro- grams, health, domestic violence, child and substance abuse programs. L. Min�oritx Relations - Continue to place emphasis in the area of Affirm- ative Actioncompliance to insure that the City's moral and practical commitment to an effective Equal Employment Opportunity Program is maintained. Continued emphasis on the hiring of Females, Handicapped individuals and Racial Minorities in non-traditional positions will be closely monitored by Council. Close liaison with the League of Women Voters, Minority Students Coalition and similar organizations will be encouraged. HISTORY OF THE POSITION: Five City Managers have served Iowa City since 1951, with the most recent Manager resigning in February 1986 to accept a position with a larger municipal entity. He served for eleven years. It is expected that a new City Manager will have a demonstrated history of commitment to his/her community as seen by involvement in that community as well as a record of job stability. Long term service in that position can be projected with five to seven plus years more than a realistic consideration. �9 7 V`1MA M.ittaa yS :a\: to •r t\w\t\a :\.ta �n.M:vi.�!::: !� : a♦ Recruiting Specification Page Six DESIRED STARTING DATE: July 1, 1986 or sooner. EXPERIENCE DESIRED: Senior level management experience as a City Manager in a progressive, high growth community of over 35,000, as an Assistant or Deputy City Manager in a community of over 50,000, or as Senior Direc- tor of a large governmental agency. Public sector experience is manda- tory with a demonstrated background of working for a large Board of Directors or Council plus extensive work with citizens' committees and advisory boards. Iowa City is a university community and experience in a similar environment, although not required, would be helpful. It would also be advantageous for the successful candidate to have had experience in a community which has successfully addressed the emerging needs of ethnic minorities, neighborhood groups and the economically disadvantaged. The person must also have demonstrated ability to negotiate and develop a team approach to problem solving with City staff and to develop consensus within a diverse political climate. The candidate should have experience with transit systems, water and wastewater utilities. A background in social service issues with both senior and youth groups is helpful. The selected candidate will also have experience in taking an active role in community relations and must be willing to devote the time to establish a positive presence for City government with various organi- zations. Candidates should have experience directing a staff in excess of 350 people and a budget in excess of $2011M. Of particular interest will be experience in the following areas: * Financial/Budget Management * Strategic Planning (both short and long term) * Community Development * Economic Development * Employee/Labor Relations * Community Relations * Team Building, Conflict Resolution • Municipal Utility Experience (Water and Sewer) DESIRED EDUCATION LEVEL: A combination of education, formal training and experience which demonstrates an ability to perform the duties and responsibilities as outlined in this Specification will be required. It is probable that this will include a Bachelor's degree in Business, Public Administration, Finance or Planning. A Master's degree or advanced course work in Public Administration or Public Policy would be highly desirable. LIKELY PREVIOUS TITLES: City Manager Deputy Executive Director Assistant City Manager Town Manager Deputy City Manager President/CEO County Administrator Director of Economic Development Executive Director Director of Finance (large agency) 0:z- �Nv4{vavS v.va to ar vi ala: a:i afa r+.4 till a::::': Recruiting Specification Page Seven PERSONAL CHARACTERISTICS: The Manager must be capable of assuming the role of technical advisor and administrator, being mindful that the Council is the policy -setting body. The individual should be sensitive to policitical realities but non-partisan in approach. The new Manager must be a self -motivated individual who enjoys the exercise of power without abusing or attempting to dominate by it. Management presence combined with the flexibility to reach compromise for the benefit of the entire community must be evident. -The selected candidate must be a person with imagination and vision who will ensure continued progress for the City of Iowa City. The City Manager's position requires an individual with strong persua- sive skills and logic which are carried off in a calm articulate man- ner. An assertive, intelligent, high energy person who is capable of understanding the concerns of others (ie, elected officials, community leaders, and residents) will best serve this position. The willingness and patience to meet with community leaders, residents and interest groups in an honest, constructive manner is necessary. It is essential that the City Manager be a good listener, who encourages and respects the views of others and strives to achieve balance and consensus. The ability to demonstrate strong dynamic leadership, be diplomatic yet decisive, requires a person who is capable of walking a "fine line" while in the public eye. At the direction of Council, significant public exposure will require an individual with the highest verbal and written communication skills. The City Manager must be an effective manager of people and processes, able to utilize and encourage the talents of staff and 'subordinates. It is also important that the manager is able to employ and establish a team player approach with employee on citizen groups. There must be no question as to the personal ethics, morals or general conduct of the new City Manager; he/she must be able to withstand intense public scrutiny without being over -reactive or harboring nega- tive feelings over public issues. PRESSURES TO BE ENCOUNTERED: Dealing with multiple political jurisdictions and important v siba public policies * Appreciation of the impact of the City on both regional economic and political decisions, as those decisions affect elected Council Members * The need to devote suffi- cient personal time to public/community forums, associations and meet- ings * Development of short-term plans to better utilize and delegate key issues to staff/line department directors * Maintenance of positive employee relations and human resources programs for a large, diverse and visible public agency * Following a long term and well regarded City Manager * Dealing in a community that is subject to strong influ- ence by a predominant entity (the University). WORKING CONDITIONS AND BENEFITS: EXCELLENT. The City is the recipient of significant recognition ana is considered to be a progressive munici- pality with a reputation for a high quality of life. Local community, 0 r 1, _..... , R6cruiting Specfication Page Eight environmental and geographic advantages are positive selling points, as is the nearby availability of major urban amenities. Travel for pro- fessional affiliations will be encouraged. Excellent fringe benefits, with relocation expenses to be negotiated in an employment agreement. INTERVIEW PROCESS: After pre-screening and qualification by Jensen-Oldani, final candidates will be interviewed by a citizens' advisory panel as well as by the City Council. The final three day orientation and interviewing process is expected to take place in late May. Candidates of interest should be referred to Jensen-Oldani 8 Associates, (206) 451-3938 for further informations. 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