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HomeMy WebLinkAbout1985-01-15 CorrespondenceMayor John McDonald, Members of the City Council, and Mr. Neal Berlin Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Folks: I have two items. First, I wish to express my thanks for all of the work you have performed relative to the noise ordinance. Notwithstanding the recent court setback, I was happy to see that efforts will still be made to curtail some of the unnecessary noise around town. I truly appreciate your continued efforts for this thankless task. As the year draws to a close, I would also like to express my thanks for all of the time and effort you all have invested. Thanks very, very much for making this such a nice place to live. RBH:mec Sincerely, R. Br" uce Naupert SG LAW OFFICES OF RECEIVED DEC 3 1 1984 LEFF, LEFF, LEFF, BAUPEBT & TEAW ARTHUR o. LEFF PHILIP A. LEFF TS. SOUTH LINN /STREET-P.O. BO% 449 PHONE 33a-7001 IOWA CITY- IOWA AREA COOL 319 ALAN R.LEFF 15 A4 R. BRUCE HAUPERT I. r i I December 28, 1984 L, I I I I I t I A. Mayor John McDonald, Members of the City Council, and Mr. Neal Berlin Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Folks: I have two items. First, I wish to express my thanks for all of the work you have performed relative to the noise ordinance. Notwithstanding the recent court setback, I was happy to see that efforts will still be made to curtail some of the unnecessary noise around town. I truly appreciate your continued efforts for this thankless task. As the year draws to a close, I would also like to express my thanks for all of the time and effort you all have invested. Thanks very, very much for making this such a nice place to live. RBH:mec Sincerely, R. Br" uce Naupert SG LAW OFFICES OF RECEIVED DEC 3 1 1984 LEFF, LEFF, LEFF, BAUPEBT & TEAW ARTHUR o. LEFF PHILIP A. LEFF TS. SOUTH LINN /STREET-P.O. BO% 449 PHONE 33a-7001 IOWA CITY- IOWA AREA COOL 319 ALAN R.LEFF 15 A4 R. BRUCE HAUPERT CHARLES T.TRAW December 28, 1984 Mayor John McDonald, Members of the City Council, and Mr. Neal Berlin Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Folks: I have two items. First, I wish to express my thanks for all of the work you have performed relative to the noise ordinance. Notwithstanding the recent court setback, I was happy to see that efforts will still be made to curtail some of the unnecessary noise around town. I truly appreciate your continued efforts for this thankless task. As the year draws to a close, I would also like to express my thanks for all of the time and effort you all have invested. Thanks very, very much for making this such a nice place to live. RBH:mec Sincerely, R. Br" uce Naupert SG Iowa City City Council Civic Center Iowa City, Iowa Dear Councillors: Dewey McGuire 145 S. Westminster Iowa City, Iowa $2240 December 18, 1981 Gci _>J 1984 CITY CLERK I'm writing to express my appreciation of your decisive passage of the Broadband Telecommunicatbons Ammendment at tonight's City Council Meeting. I applaud the comments of Councillor Zuber and Councillor Strait, and I agree fully with City Manager Neal Berlin on the inappropriateness of Mr. Kerns' characterization of his meetings with city staff and commissioners. LL According to readings by such diverse sources as the National Federation ohipable Programmers and the more conservative Video Review magazine (Jan. 85), the final language of HR -4103 indeed allows cities to collect a 5% franchise fee from cable companies. The increased franchise fee in Iowa City is very important to Access Programming. As a subscriber, I.;fihd-the local channels more important than anything else on cable. These channels represent our only local television. As a producer and programmer for Channel 20, I have invested a substantial amount of energy into Access. I sincerely hope that Heritage Cablevision won't become another lame duck company. I ehate to see them enter into contract in good faith, then declare the terms null and void afetrwards. I have evergt hope that we can look forward to more honorable behavior from this company in the future. Again, thank you all very much. Sincerely, Dewey McGuire 57 Heritagie Communications, Inc. 2195 Ingemi I Avenue ® Des Moines, Iowa 50312 111 515.245-7585 December 24, 1984 W o a E p DEC 2 71984 Marian Karr City Clerk MARIAN K. KARR City of Iowa City CITY CLERK (3) 410 E. Washington Street Iowa City, Iowa 52240 Dear Ms. Karr: You will find enclosed 10 copies of the memorandum with regard to the franchise fee increase that I distributed at the City Council meeting on December 18. The original memorandum had a couple of typographical errors in it which have been corrected on this copy, and I would appreciate your redistributing it and asking the Council members to substitute this corrected copy for their copy. I apologize for not having enough copies to give to you and the City Attorney at the meeting, but I hope that you will accept these with our best wishes. Sincerely, HERITAGE COM ICATIONS, INC. Wayne Kern General Counsel WK/jh o. n Heritagie Communications, Inc. 2195 Ingemi I Avenue ® Des Moines, Iowa 50312 111 515.245-7585 December 24, 1984 W o a E p DEC 2 71984 Marian Karr City Clerk MARIAN K. KARR City of Iowa City CITY CLERK (3) 410 E. Washington Street Iowa City, Iowa 52240 Dear Ms. Karr: You will find enclosed 10 copies of the memorandum with regard to the franchise fee increase that I distributed at the City Council meeting on December 18. The original memorandum had a couple of typographical errors in it which have been corrected on this copy, and I would appreciate your redistributing it and asking the Council members to substitute this corrected copy for their copy. I apologize for not having enough copies to give to you and the City Attorney at the meeting, but I hope that you will accept these with our best wishes. Sincerely, HERITAGE COM ICATIONS, INC. Wayne Kern General Counsel WK/jh o. MEMORANDUM TO: City of Iowa City FROM: Wayne Kern DATE: December 18, 1984 RE: FRANCHISE FEE INCREASE �uIc DEC 2 71984 MARIAN K. KARR CITY CLERK (3) Question presented: Pursuant to the Cable Communications Policy Act of 1984, may a city unilaterally increase the cable television franchise fee from 38 to 58 absent a specific agreement or ordinance provision permitting it to do so? The short answer to this question is, in my opinion, an j absolute no. A longer answer, and perhaps a more polite one requires somewhat further explanation. In February of 1984, Heritage Cablevision, Inc. and Hawkeye CableVision Corporation (through its -parent company, American Television and Communications Corporation) requested that the cable television franchise for Iowa City be transferred to Heritage Cablevision, Inc. or its nominee, Cablevision Associates VII. That transfer process was subjected to extensive delays, which were interposed by the City having a desire, and the right to consider the possibility of its operating the system under municipal ownership, and also insisting upon a strict adherance to the notice provisions by the grantee. After numerous phone calls and many meetings, a meeting was finally held on August 17, 1984, with Messrs. Dale Helling, David Brown, Bill Terry, and Drew Shaffer attending on behalf of the City and the Broadband Telecommunications Committee, and Messrs, James Cownie, Wayne Kern and Bill Blough attending on behalf of Heritage Cablevision. At this meeting, extensive discussions were held over a four and one— half hour period, during which the City's position was reviewed in some detail, and the individuals all had an opportunity to express their views. As an aside, I requested and was furnished a copy of the tape recordings of that meeting on Monday, December 17, and reviewed them Monday afternoon and evening and, in spite of the fact that Mr. Terry accused me of thinking that they were a bunch of dumb country bumpkins and that.we were lying through our teeth about the number and percentage of our vl � - 2 - cable television systems that have tiering, we, in fact, did not think those gentlemen to be country bumpkins and, more importantly, from our perspective, we were not then, nor are we now, nor will we in the future, lie through our teeth or any other part of our anatomy. We, in fact, felt that all of the individuals from the City represented the City's position both ably and well. The end product of that four and one-half hour meeting, and further negotiations by telephone and exchange of documents resulted in an agreement between the City of Iowa City and Heritage Cablevision, dated the 28th day of August, that provided the basis of the agreement upon which, and pursuant to which, the City of Iowa City was ultimately willing to agree to the transfer of the franchise from Hawkeye to Heritage Cablevision, Inc. and/or one of its limited partnerships. Heritage Cablevision entered into this agreement even though its legal advisors informed it that the City had no right to extract such promises from Heritage in exchange for the mere approval of the transfer. The City Council and the Broadband Telecommunications Commission was fully aware that its legal staff, likewise, did not believe that the City could extract such promises without being deemed to be "unreasonably withholding approval of the sale." This advice to the City was given in a memor-indum from Robert Jansen, City Attorney, and David Brown, Assistant City Attorney, dated March 18, 1984. You have before you for consideration a proposed ordinance that would amend Chapter 14, Article IV, Division 2 of the Broadband Telecommunications Franchise Enabling Ordinance. Pursuant to this proposed ordinance, the existing Section 14-73(c) would be repealed and a new provision would be substituted in its place permitting the City to increase the franchise fee to be paid pursuant to that Ordinance from 38 to 5%. In the preambletory notice of public hearing that accompanied the proposed amendment, there is an indication that these chanages have been agreed upon and/or supported by Heritage Cablevision, Inc. in its agreement with the City of Iowa City dated August 28, 1984. Heritage Cablevision takes exception to both the proposed increase and any reference that it supports an increase in the franchise fee. I communicated our disagreement with regard to the City's position in a letter to David Brown dated November 28, 1984, wherein I stated in essence that we did not agree to support a unilateral increase in the franchise fee from 3% to 58 by the City. lave cle 2.A. of our August 28 agreement with the City stsh in clear and unambiguous terms the exact agreement tis with the City of Iowa City with regard to how DEC 2 7 1984 MARIAN K. KARR CITY CLERK (3) - 3 - N the increase in the franchise fee was to be obtained. That Section is as follows: 2. FRANCHISE FEE A. Upon transfer of the franchise, the grantee shall support the City in filing a petition for special relief with the Federal Communications Commission (FCC) requesting ` a franchise fee waiver to authorize an annual franchise fee of five percent (58) of Annual Gross Revenues derived from the Doperation of the system, and an extra services package for the City administered funding of local access channel oeprations. The five percent (55) franchise fee shall DEC 271984 become effective upon the date of approval by the FCC. Said support shall include, MARIAN K. KARR but not be limited to, the submission to CITY CLERK (3) the City by grantee of a letter to the FCC in support of the requested franchise fee increase, the text of which has been agreed upon by the parties and is attached to this agreement. It is unfortunate, perhaps, that the waiver is no longer available from the FCC in that the Cable Communications Policy Act of 1984 (sometimes referred to as 4103 and S.66) terminated the FCC's authority to grant waivers with regard to franchise fees. It is, however, this procedure and this procedure only, that Heritage agreed to. The tapes of the August 17 meeting make it abundantly clear that the individuals in attendance at that meeting, on both sides, were well aware of the potential impact of 4103, if adopted. This legislation, as well as the status of the law as it then existed following the Supreme Court decision in Crisp, and following the FCC's Nevada decision with regard to tiering, and, in fact spent a great deal of time during the course of the four and one-half hour meeting talking about the right of Heritage Cablevision to tier the channel line-up to put the broadcast channels only on the basic tier and narrow the City's right to rate regulation to that basic line-up. I think a short transcription of a portion of the tape near the end of this meeting will be helpful. It is as follows: This is an exchange between Jim Cownie, President of the Heritage Telcom Group and Dale Iielling, Assistant City Manager. B COWNIE: I wonder if it would be helpful just to quickly run through those things one more time where you think we stand and maybe one last two -minute caucus and then wrap it up. HELLING: You mean these four or do you want to go through all these points? COWNIE: No, no. Where the agreement is. HELLING: Okay. The joint petition for five percent. Now that's obviously with appropriate understandings. i I think we all agree that there is some legislation I in the works that if that passes, you know, that takes precedence over anything that the FCC might rule on. COWNIE: What now? Explain that to me. You mean 4103? HELLING: Yeah -- or if 4103 doesn't pass, Jim, next year it's going to have another number, you know. COWNIE: Okay. I just want to understand what you're -- what is implicit -- or what your editorial comment meant. I don't want to pull the wool over your eyes or HELLING: No, I understand. I understand. COWNIE: What are you saying exactly? HELLING: Well, I'm saying that COWNIE: If 4103 doesn't pass HELLING: Okay, let's use an example. We go in and petition for a 5% franchise fee and FCC says "No." � COWNIE: Okay. u �f DEC 2 719B4 MARIAN K. KARR CITY CLERK (3),9. - 5 - HELLING: 4103 passes six months or a year down the line or becomes effective then or whatever, and it allows up to 5% without any FCC approval or anything. Well then certainly the city would retain the right to at that time to pursue that again. Okay? Does that make it clear? COWNIE: Is that okay? Okay. HELLING: Again, the other provisions in whatever language -- hell, I don't know what's -- what the final substance of any legislation is going to be, but I think -- that's the example that I'm talking about. I think that works both ways. CONNIE: Right. I mean I think that's the important point, that it can cut both ways. HELLING: Yeah. COWNIE: Okay. HELLING: As far as the NPO funding at $125,000, I think that's something that, again, would be part of the petition and so forth. Obviously, if there is -- I guess I would say that if there isn't any movement from the $75,000, then we may have to look at what other alternatives exist. That seems to be the thing that we're stuck on. COWNIE: Okay. HELLING: The 40 cents -- again, I'm more than willing to sit down and talk with Neil about it, and if he can dD support that, as long as it would be done through Dr C 2 71984 MARIAN K. KARR CITY CLERK (3) 0 N 6 the agreed upon process under the current franchise where you could petition prior to the time FCC rules and it could become effective at the same time, and so forth, I'm at least willing to support that to Neil. COWNIE: Okay. HELLING: And if he will support it to the Council... And then on the fourth proposal which is the automatic, we've talked about some alternatives there as part of this agreement. Politically, I think it's probably unacceptable. COWNIE: Okay. HELLING: And that's basically... COWNIE: That's it? HELLING: Yeah. COWNIE: Okay. Shall we take a minute, just a minute or two and...? KERN: If you want to. COWNIE: Will you excuse us just a couple of mintes? I think that the foregoing transcription makes it quite clear that the City did not intend to be bound by Section 2.A. in the event that it failed to receive a waiver upon Petition for Special Relief from the FCC in the event that 4103, now 5.66, became law and gave the cities the right to automatically increase the franchise fee to 5%. Now, however, we have the City saying since 4103 does not, as adopted, permit the City to increase the franchise fee to 5% absent a specific provision in the franchise permitting them to do so, it now wants to say that the provision of 2.A. is not an agreement to join and support the City in filing a Petition for Special Relief with the Federal Communications Commission but is, in fact, an agreement to perms th Ci y to increase the franchise fee under the provision un r he D Communications Policy Act of 1984. Ne respectfu di ag ee. Qt:G 2 71984 MARIAN K. KARR CITY CLERK (3) - 7 - The City, as drafter of the August 28 agreement, was in the unique position of being able to protect itself from the eventuality of 4103 being adopted simply by negotiating for and inserting a paragraph to the effect that in the event 4103 permits franchising authorities to charge a fee in excess of 38, then Heritage agrees that such fee shall automatically become effective. But it chose not to do so and elected the application for a waiver as its sole remedy. i I think that it is also important to point out that while 4103 did define the rights of franchising authorities, it also took away something from the cable television operators. One of the things that it obviously took away was the impact of the Nevada ruling. As the grantee under the Iowa City franchise ordinance, Heritage cannot now tier the channel line-up in order to minimize the remaining two years of basic service rate regulation. Heritage can, and does intend to, effective January 1, 1985, take a 58 increase in its basic subscriber fees as permitted by 4103. It does not, however, intend to also put into effect the additional 40 -cent rate increase approved by the City earlier, the newspaper editorial to the contrary notwithstanding. Unlike the pre -4103 status of things, Section 622(g)(2)(B) recites that "in the case of any franchise in effect on the date of the enactment of this title, payments which are required to be made by the cable operator during the term of such franchise for, or in support of the use of, public, educational, or governmental access facilities are not included as a part of the Act's definition of 'franchise fee.'" We believe, therefore, that the City can legitimately require (contrary to the third full paragraph of my letter dated November 28, 1984) Heritage Cablevision to make the access payment required by Section 1.C. of the August 28 agreement, and we would intend to make those payments upon appropriate notification from the City that the nonprofit organization has been approved by the City. We respectfully suggest that the city council do one of three things: 1.) Move to amend the proposed amendment to delete the franchise fee language portion to adopting the ordinance, or 2.) Defer adoption until the questions raised are clarified, or are. Wx/ih 3.) Leave the agreement and existing ordinance as they o R � M DEC 2 71984 MARIAN K. KARR CITY CLERK (3) 0 I ' I I i 1 INAM A 4 WOOD AREA EDUCATION AGENCY 4401 SIXTH STREET SOUTHWEST CEDAR RAPIDS. IOWA 5240413191399-6700 IOWA WAYS a 1-800.332.8488 CORALVILLE FACILITY 114 Second Avenue Comf ille, Iowa 52241 1319) 351-2510 January 2, 1985 RELC.IVE-D I i 1985 Dwight G. Bode, Administrator Myron W. Rodee, Director Division of Special Education Mayor John McDonald City of Iowa City Civic Center Iowa City, IA 52240 Re: Mayor's Youth Employment Program Dear Mayor McDonald: I am writing this letter in support of the Mayor's Youth Employment Program. It is my opinion that Mayor's Youth is an extremely well administered program that meets the needs of many youth populations for work experience and train- ing. In my capacity as a Work Experience Instructor with Grant Wood A.E.A., I have had the opportunity to work with Ms. McElroy and Mayor's Youth Employ- ment Program on many occasions. Mayor's Youth is a dynamic, entrepreneurial organization which is responsive to community needs. Many of the special education students with which I work would not have had the opportunity to develop salable work skills or even work for a wage to develop money handling skills without the Mayor's Youth Program. From the "Job's Club", to private sector funding, to the extremely important public sector involvement, the Mayor's Youth Employment Program is an outstanding service organization. The Mayor's Youth Employment Program provides excellent service to high risk populations and those who need our help. Funds directed toward the M.Y.E.P. are monies well spent. Sincerely, 7 Robert J. Miller Work Experience Instructor /ns .,all things being equal ..:' 5i a December 11, 1984 Marianne Milkman Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Ms. Marianne Milkman This is in regards to the rezoning of the Melrose Take area. As a property owner in this proposed rezoning area, I want to go on record as being opposed to this rezoning application that has been filed with the City of Iowa City, Iowa. Thank you. Sincerely, li, 1984 F 0 1 E M DEC 141984 MARIAN K. KARR CITY CLERK (3) W HAYEK, HAYEK, HAYEK & HOLLAND WILL J. HAYEK (1696.1063) ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY, IOWA 63340.3976 C. JOSEPH HOLLAND WILLIAM D. WERGER December 27, 1984 AREA CODE 319 337.9606 Ms. Marian Karr City Clerk Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Terence and Glenys Williams Property (Melrose Lake) Rezoning Matter Dear Marian: I 'represent Drs. Terence and Glenys Williams who own the Melrose Lake property which is the subject of a rezoning application which has been filed by certain neighbors in the area. This rezoning application has been referred to the City Council by the Planning and Zoning Commission with a recommendation against granting the rezoning application. My clients strongly object to the proposed rezoning and I 'want to be in a position to express my clients' views on this matter at the appropriate time to the City Council. Would you please let me know when this matter is scheduled for informal discussion with the City Council and also when it is scheduled for public hearing. Thank you for your cooperation. Very trtkly�yours, ohn WA ayek JWH:vb cc: Drs. Terence and Glenys Williams R R IYIy DEC 3 1198�f 4 MARIAN K. KARR CITY CLERK (3) �0 a JL RECEIVED C7"C 1 71984 Econ*Eas LP GAS THE MODERN FUEL FOR •FARM, HOME, INDUSTRY P.O. Box 2087 S E R V I I N C.: Highway 6 West • Iowa City, Iowa 52244 : Telephone (319) 354.4220 CARL F. STRUB, PRESIDENT • JAMES R. SPEERS, VICE PRIES. December 14, 1984 1 1 D Mayor and City Council Members 1) G 17 1984 City of Iowa City Civic Center MARIAN K. KARR Iowa City, Iowa 52240 CITY CLERK (3) My wife and I are property owners of 707 Oakcrest Street and we understand that this area is being considered for rezoning. We object to rezoning of this area because it would make our exsisting property non -conforming. Thank you for your consideration. Sincerely, } Carl F. Strub Property owner of 707 Oakcrest Street, Iowa City Subscribed and sworn to before me this 14th day of December. �ti9� Cathrine K. Finley Notary Public Term expires: September 22, 1986 02— a i City Council City of Iowa City Civic Center Iowa City, Iowa 52240 PROTEST AGAINST REZONING RE: Z-8415 - Harlocke Street Rezoning o,a T J DEC & 4 ins, MARIAN K, Kf r .? CITY CLERK (`o> The undersigned, Viggo M. Jensen Company, as the owner of the following described real estate, to -wit: Lot 25, Weeber's Third Addition to Iowa City, Iowa, according to the recorded plat thereof. does hereby protest the proposed rezoning of that portion of the above lot located immediately east of and along the length of Harlocke Street from its present classification of RM 44 to RS 8 and in support of such protest states as follows: 1. The parcel owned by the undersigned has been zoned for High Density Multi -family uses since it was acquired by the under- signed more than 15 years ago. 2. The properties on the east, west and north boundaries of the parcel owned by the under- signed are presently zoned and developed for medium to high density multi -family uses. 3. The City has gone through an extensive review and planning process which culminated with the adoption of a new Comprehensive Plan and Revised Zoning Ordinance and the property in question retained its zoning throughout that process. G3 - 2 4. To rezone the property owned by the undersigned to RS 8 or any other single family zone would not comply with the Comprehensive Plan adopted by the City of Iowa City. 5. The lots west of Harlocke Street are presently zoned RM 44 and with one exception have already been built to that density. The proposed zoning to RS 8 would make the uses on all but one of those lots non -conforming, without providing anything but an apparent transition between the low density single family zone to the west, and the undeveloped portion of the Jensen tract located east of the proposed RS 8 strip. That portion of the Jensen tract for which RS 8 zoning is being proposed is approximately 400' north and south and approximately 100' east and west with RM 44 uses established to the west and north and RM 20 zoning to the east, and would constitute a narrow peninsula of single family zoning intruding into high to medium density multiple family uses. At best this represents an ill conceived and ineffective attempt to deal with potential traffic problems on Weeber Street at worst arbitrary and illegal spot zoning. 6. To rezone the property owned by the undersigned to RS 8 or any single family zone would under the above circumstances amount to a taking with- out compensation. For the above reasons the undersigned, Viggo M. Jensen Company, respectfully requests that the proposed rezoning of the above described parcel from RM 44 to any single family residential zone be denied. Dated this jilt?' day of °kcc,-%TvR'r 19 Qi� VIGGO M. JENSEN COMPANY By , G3 i i i ' i I i i i { o. - 3 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this l02_'4 day of &CSM 612 1966, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Calvin Knight and Olga Will to me personally known, who, being by me duly sworn, did say that they are the President and Secretary respectively, of said corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Calvin Knight and Olga Will as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corpora- tion, by it and by them voluntarily executed. KA CHAIIIESA MUt1EX 2�6mz9. ' otary Public in an or said County and St to (3 CITY OF IOWA CITY CIVIC CENU 410 E. WASHINGTON ST. IOWA CV, IOWA 52240 (319) 356-5000 Date December 31, 1984 I i i I I TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - „_-_•...._nrp Worker-IL- We, orkertI We, the undersigned members of the Civil Service Commission o Iowa City, Iowa, do hereby certify the following named persons in the order of their standing as eligible for the position of Maintcnancelllorker II/Pollution Control Thomas Wagner (V) Hired: 1/2/85 Michael Jones James Prymek iThomas Ozzello I IOWA CITY CIVIL SERVICE COMMISSION Bruce L. Walker John A. Maxwell Gerald H. Murphy ATTEST: nine .z�> 7S�twe / Marian Karr, City Clerk / t� CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Date December 12, 1984 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Maintenance Worker III We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named persons 1n the ?,rd of th it sta diipg as eligible for the position of Maintenance �7orker 411/Transit Dave Danner Hired: 12/12/84 ATTEST:,:,, J - -C AA / Mahan Karr, City Clerk IOWA CITY CIVIL SERVICE COMMISSION Bruce L. Walker _ John A. Maxwell Gerald H. Murphy 6s a CITY OF IOWA CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319)356-500D NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING COMMISSION: AIRPORT COMMISSION One vacancy - Six-year term March 1, 1985 - March 1, 1991 Duties: To exercise all the powers granted to cities and towns under Chapter 330 of the Code of Iowa, except the power to sell said airport. To annually certify the amount of taxes within the limitations of the Statutes of the State of Iowa, to be levied for airport purposes. All funds derived from taxation or otherwise for air- port purposes shall be under the full and absolute control of the Airport Commission, deposited with the City Treasurer, and disbursed only on the written warrants or orders of the Airport Commis- sion. Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. This appointment will be made at the January 15, 1985, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. I January 15, 1985 AIRPORT CO MISSION - one vacancy - six year term 3/1/85 to 3/1/91 William E. 1Maler 1906 Calvin Avenue Jack Ashby 2004 Dunlap Court I i 1 i - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces Advisory Board/Commission vacancies 90 days prior to the date the appointment will be made. This period provides for a 30 -day advertising period and a 60 -day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board/cowissien before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WIL BE CONSIDERED FOR 3 MONTHS ONLY. / .., 1. -.i. 19. _ • • __' _ -, TERM NAME �2• AM G `'w q L Lrk HOME ADDRESS• 17 07 C Is your home rn address (listed above) within the corporate limits of Iowa City? OCCUPATION/IAt�.�'�:•r lYER �E,4L� Pl<vs'c � EMPLBUSINESS 30 3 r PHONE NUMBERS: HOME 3 3 �- S z G Z EXPERIENCE ND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITIONS hiA�—r` WHAT IS `(OUR PRESENT KNOWLEO E OF THIS ADVVIItSORY BOARD? (, V STATE WHAT CONTRIBUTION DO YOU FOR APPLYING)? QV Specific attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES Y—No I f you are not selected, do you want to be notified? X YES This application will be kept on file for 3 months. Fe ary 913 8 198$ MARIA! K. KARR CITY CLERK (3) 93 - CITY OF IOWA CITY - ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces Advisory Board/Commission vacancies 90 days prior to the date the appoinainin will be for. This new members. The trainingra 30 -day period allowsnew memberstod o and m 60-day amil training p become familiar with the responsibilities and duties of the advisory board/commission before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session-rve as The volunteers. intment is announced at the next formal Council meeting. pp ointees Council prefers that all applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY. TERM l HOME ADDRESS ADVISORY BOARD/COMMISSION NAME Aw no { D' E SS u NAME �C1CK 15r1�3Y' Is your home address (listed above) within the corporate limits of Iowa City? p EMPLOYER Cg OCCUPATION e ='P -- PHONE NUMBERS: HOME 3 5 9 2 Y72 BUSINESS ? j EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITION: 1 WHAIS YOUR ORESENT KNOWLEDGE Ur )niZ nuv"-v ' �•-• WHAT CONTRIBUTIONS DO YOU FEEL YOU AN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? .s ' 'dam C+tR4. ' S4cif c attention should be directed to possible conflict of interest as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of int_ereesNOexists, contact the Legal Dept. Will you have a conflict f i ere t? _YES NO �f y ar�not ele d, do you want to be notified? G uThis application w be kept on file for 3 months. FEWmInVII/9/a S f;+: 101985 X1•.0sor..Z MARIAN K. KARR CITY CLERK (3) $C3 CITY OF IOWA CITY CHIC CENSER 41 O E. WASHINGTON ST. IOWA CITY, IOvdA 52240 (319) 356-5000 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMMISSION: RESOURCES CONSERVATION COMMISSION Two vacancies - Three-year terms January 15, 1985 - January 1, 1988 The duties of members of the Resources Conserva- tion Commission include serving as an advisory body to the City Council of Iowa City. They shall research, review, and recommend policies, rules, regulations, ordinances, and budgets re- lating to matters of energy and resource conser- vation and provide recommendations and reports to the City Council on the activities of the Com- mission. The Commission shall exercise broad responsibility for development of resource con- servation policies and shall pay special atten- tion to long-range planning and programming. The Commission shall, for the public welfare, make recommendations on energy matters. These recom- mendations may relate to local governmental and quasi -public agencies, private residences and investment properties, and office, commercial and industrial properties. Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. The persons appointed to this Commission shall be, by training, education, experience, or demonstrated interest, knowledgeable in matters pertaining to energy use and conservation. These appointments will be made at the January 15, 1985, meeting of the City Council at 7:30 P.M. in ° the Council Chambers. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. CITY Gr IOW/-\ CITY CNIC CEN(ER 410 E. WASHNGION ST. IOWA CIHY. IOWA 52240 (319)356-500C) DRAFT January 16, 1985 Mr. Charles Boldt, Representative AFSCME Local 183 AFL-CIO 1027 Hollywood Boulevard, Suite 103 Iowa City, Iowa 52240 Dear Mr. Boldt: The City of Iowa City hereby provides official notification pursuant to Section 6.4(20) of the rules and regulations of the PERB, that it concurs with the terms of the tentative agreement between the City and AFSCME Local 183 reached on January 4, 1985 (copy attached). Sincerely, Neal G. Berlin City Manager tp5/2 cc: Assistant City Manager Human Relations Director Steven B. Rynecki, City Bargaining Representative 9/ B 1 11985 MARIAN K. KARR /-7 7 s<ICIN CLERK (3) Iz ,e7t 4 I .•.. r t i., l2, rt r I a... �. "�l, i .f /.'r r• � [',1 J r .0 1.l,v •,F...f, ( �-r ✓, /.n i St.o.r r' �,L.�k , J= -m 4) Ytiov.+rN- ✓I ..yLr.Ln,,: �A /r<.rG�.[., rte+ $-I C- r 4�J. .r..✓ J.., C /y 4tI J['tt<4./y 4.<.f,r •7y 4/�•w''��O/7��r j "/✓l.L.. w�.[.yn L•y� ,ofl{i�ilr 9��.. j . .�jQXi r/ <r'°Nfii✓�Iq[ fc. 4t -.r rL.• II l,......... surL o.•yGy.- .!✓.// a«r.•. tir erre 1, 6w..,1 1,.1i t1<.7 L...,I v<..-/ie,ry((/..w.�d<.:(/n•J l.;a. ).a..d i i t r . s- (9) Rte Dii•«p /�, I /S ✓•Iv —I� ¢. — {<J <.. /h«, il.., I CIV A ly t c 9/ a i .HL• � � G n / � /:.:/// 4 � r/4 r/r'v l/1 Z+n /'� 7l' �,� /' /•f t. h. 1 VCS/L � %f (/z 7!t'c,%!� ,/ ir:.t xT'Z '!4 p 1. So Lr , 1G. L.w.. � I_?i /..,u r;:.[.;, Nll,p nrnO f�� /� Ary. ✓ J..S rc, VOrw 4; Jlr .dyV - U 1= jLfx ,., : cd,yl, Ail /" 7f tri / rRY a •�A.o 6'r'7 `i•� r� +rr.�-Lala N[ [F rw PTO 7a.Le 7.,f1/4Yr. /r 2 `( (l k . lentative Agreement City of Iowa City and AFSCMI Local 183 Amend Article V11, Section $, subsection C, by adding two sentences as follows: Special program employees become eligible to bid upon permanent City positions only if and when their positions are partially or fully funded by the City. However, permanent employees, regardless of length of service, shalt be given seniority preference over special program employees. Amend Article IX, Section 1, second paragraph, to read: In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Amend Article IX, Section 2, lest sentence, to read: If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Amend Article 1111, Section 3, subsection d., to read: Preferred Shift. Employees may use seniority to bid on a preferred SWWor transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Amend Article XIV, Section 1; second sentence, to read: These certain penalties for infractions are agreed upon by the parties as a mode of operation and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Amend Article XVI; Section 5, to read: The Union shall have the right to select two (2) City employees as representatives to each department/division safety committee. Amend Article XX, Section 4, subsection A to read: i Step 1 The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shell be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. 9/ Amend Article W, Section 1, es folloWs: Amend fourth sentence to read: The effective date of compensation adjustments and benefit adjust- ments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclu- sive. Amend second paragraph as follows: Effective dates over the next eight years, for example. are as follows: 1985 June 29 1988 June 25 1991 July 6 1986 June 28 1989 June 24 1992 July 4 1987 June 27 1998 July 7 9/ HYC CVV,1� CITCIVICCCNfIR i� I W/1SHIl •lUN SI I, ;ti/< < I' )dJ/• ;,7740 (314) 3!6'/ i i January 3, 1985 Mr. Charles Boldt AFSCME Local 183, AFL-CIO 1027 Hollywood Blvd. Iowa City, Iowa 52240 Re: Reclassification Procedures during FY86-8d7 Dear Mr. Boldt: This letter acknowledges our discussions concerning position reclassifi- cations for FY86-86? The City of Iowa City will continue its experimental position reclassification efforts begun in calendar year 1982 as follows: Section 1. Purpose The Job Evaluation Committee will be responsible for maintaining fair and equitable classification of all AFSCME positions, for classifying new AFSCME positions and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Hayes/Hill evaluation instrument used in the 1982 study, and shall have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure 1. The Job Evaluation Committee shall be comprised of eight members, four to be selected by the City, including the Human Relations Director, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetings 1. The Committee will meet as necessary to hear all position reclassifi- cation appeals by employees, at the call of the Human Relations Director, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. r� Section 5. Rules 1. All decisions of the Committer, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Human Relations Director). 2. in the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Human Relations Director may vote in place of any absent Management Committee member. The Union officer may vote for any absent Union member. 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Appeals 1. Employees will be informed of the procedures for appealing the classifi- cation of a position. 2. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Human Relations Director. i 6. The appealing employee will be compensated for time spent in the Commit- tee meeting, except that if a group presentation is made only two employees will be compensated. 7. Classification appeals may be initiated by the Human Relations Director. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. R. Committee deliberations will be conducted in closed session. 91 U Section 7. New Posi 1. Newly created positions will be classified by the Human Relations Director initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section B. Salary Adjustments 1. No net: salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of the affected employees will not be reduced. 3. Employees in positions found to be under -classified will receive a salary adjustment equal to: a) the minimum of the new salary range, if below the minimum, or b) a one-step increase (step to be defined as the percentage difference between letter steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adjustments 1. Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedures in Section 6. 3. In the event that salary maximum of a position is shown to be under -paid by at least 15 percent based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent. Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either management or the Union. (Example: Electri- cian, Grade 8, Range S1,000-=1,300, 15 percent off the market moved to Range BA, $1,15041,495. Range width remains the same, salary maximum increases by survey average. 4. Union employee appeal, salary survey will be conducted by the Human Relations Director and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time, and at the expense of the employee). 99 1 Pau, < Section 10. Funding 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. impasse Procedures 1. The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargain- ing agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evalua- tion questions be limited to prevent manipulation on those points. No member of the Job Evaluation Committee, with the exception of the Human Relations Director and two Union Officers, will be permitted access to point information. Section 13. City Council Approval I. All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an use experimental e dtodetermprogram experimental- e ringFY86-8Ehprocedureis ,andthen shall hbecome null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. Sincerely yours, Neal G. Berlin City Manager bdw4/2 91 a. i INSURAI:CE PROPOSAL ' i fJ, � ,-� r�..t•,� /.,. err, �4,, d,1 r.,, „�.+� ;., /.,.,......, �,+�; i�, The�C7ty q! ]ova City end the Igqwa City LI nary Board of Toru tee wit // �r �' Loc 1 1B3 of the Amerlcaqg'Federbtion of S{'/ate, Cou ty and unit el AF -CIO,/agree that fnsyfanceremium cog s for M dicel, 1f e, nd D sabilies, In uranck for employees ebsen from wor1ldue to eave of absen a wi hour pay status hall be pro rated. The pro ration shall be as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage Is desired, the City will pay the cost of the insurance premiums for Medical, Life, and Disability insurance. 2. For any calendar month during which the employees is on unpaid leave in excess of ten working days and insurance coverage is desired, the employees must pay 1/12 of the in- surance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for. Insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. CITY OF IOWA CI Y ,i A CME LOCAL 183 Date Date 91 d a Council Member Strait introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Amhrisco seconded the motion to adopt. The roll was called and the vote was, AYES: _Strait. Zuber, Ambrisco,Baker_Dickson. Erdahl, McDonald NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 85-10 RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bond executed for the construction of certain public improvements described in general as Taft Speedway Sanitary Sewer Extension Project 1985, and as described in detail in the plans and specifica- tions heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Mid -State Construction of _6p iDVille�Iowa Date of contract: Janus 10. 1985 Bond surety: —_— United Fire FLCasualt�Compan�____—_—_ Date of bond: January 7. 1985_—_—_ Portion of. project: Entire project PASSED AND APPROVED, this 15th. day of January 1985 ATTEST: yo r—d"=1y.�J—.------- / Clerk -2- A"LCP9. COO"[Y. DORWME". HAYMIC. SMIYM 0 ALLB[C. LAWYERS, DES MOI"CS. IOW SO CIG -3 1-79 CERTIFICATE STATE. OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of. Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of. Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the sea] of said Municipality hereto affixed this _15Sh.. day of lnnuazy --- 1985. SEAL C3 y A Clrk, Iowa City, Iowa AMLCRS. LOONEY. Do..EILER. HAYHIE. SMITH S ALLBEC, LA.IE.S. DES MCIHES. IOWA LX