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HomeMy WebLinkAbout1985-05-07 Info packeti city of Iowa city MEMORANDUM DATE: April 26, 1985 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule April 30 1985 Tuesday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Prohibition of Cottonwood Trees 7:00 P.M. - Notice regarding tree removal 7:15 P.M. - Parking - Maiden Lane 7:30 P.M. - Airport Corporate Hangar Financing 7:45 P.M. - City Space Needs: Alternatives 8:15 P.M. - Council time, Council committee reports May 6 1985 Monday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Review Zoning Matters and consultation with Planning and Zoning Commission re. New Zoning Ordinance 7:30 P.M. - Council agenda, Council time, Council committee reports 7:45 P.M. - Evaluation of City Manager and City Clerk (Executive Session) May 7 1985 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers May 14 1985 Tuesday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Discuss Gas and Electric Franchises PENDING LIST Priority 8: Clear Creek Development Project (May 21, 1985) Leasing of Airport Land for Commercial Use Congregate Housing Development Alternatives (June 1985) Mortgage Revenue Bonds (August 1985) Newspaper Vending Machines (May 1985) City Plaza Fountain Barrier Comprehensive Economic Development Program Liquor/Beer License Suspension Policy Sewer Tap -on Fees and Requirements Kirkwood/Dodge Signalization and Traffic Patterns (August 1985) City Government Fees Structure Council Pre -Budget Discussion (September 1985) Coralville Milldam Project (June 1985) Appointments to Board of Library Trustees, Committee on Community Needs, Riverfront Commission, and Resources Conservation Commission - May 21, 1985. Appointments to Airport Commission and Mayor's Youth I Employment Board - June 4, 1985. sZ City of Iowa City MEMORANDUM Date: April 26, 1985 To: City Council From: Neal G. Berlin, City Manager/4 anager -�1 Rosemary Vitosh, Director of Finance Re: Space Needs In the FY85 budget, the City Council established as one of its goals the se- lection bf alternatives for addressing City space needs by September 30, 1984, and the FY86 budget continued that objective with an item to finalize a plan for addressing City operational space needs. The Civic Center, constructed in two sections, is built on land purchased in 1957 at a cost of $66,000.00. The first part of the building, the Police and Fire section, was completed in October 1959 at a cost of $174,695.00. It has approximately 15,500 square feet. At the time that portion of the building was built the City had at population of 33,433 (1960 Census) and 24 police officers and 23 fire officers. Since that time there has been significant growth in the population of the city and in staffing levels in both the Police and Fire Departments. Currently a total of 115 employees are trying to operate in an area which was designed for a total of 47 employees. In addition, certain parts of that building, particularly the basement level, are now utilized by the City's computer function. The office portion of the Civic Center was completed in August 1963 at a cost of $437,632.00 and contains approximately 15,600 square feet. Over the years the City has found it necessary to move functions from the Civic Center and lease space elsewhere. Some years ago the office of the Director of Parks and Recreation was moved to the Recreation Center. For several years the Planning and Program Development Department has leased 3,640 square feet in the Davis Hotel and the Leased Housing Program has an additional 1,083 square feet in the Davis Hotel. As a result of the decision to employ a full-time City Attorney, it will Division to a CivicbCenter. Thisto move functionhwillEngineering 9ease 3 000 square feet at a locationotothe be determined. Severalyears ago the City staff began work with Neumann -Monson Associates to define ee siteproposalsfor theCivicCenter location. Inthe s. 8hnd� then e vel opedalternative fall of 1984 staff presented a proposal to the City Council which provided for a 25,000 square foot addition on the Civic Center site to be built in conjunc- tion with a parking facility. The proposal was designed in conjunction with parking because utilizing the parking system to support the office space made the project financially feasible. However, after discussions with represen- tatives from the Unitarian Society, it was clear that they felt that the proposal was detrimental to that site. After several discussions, the City's X53 architect, Neumann -Monson, developed several new alternative proposals for use of the site. These proposals were reviewed by a committee representing the Unitarian S,ciety. Based on these discussions, concurrence was received for a proposal which would provide approximately 22,000 square feet of space in a building which would extend northerly between the existing Fire Depart- ment and the Civic Center office area. There is also another proposal which does not impact the Unitarian Society. It is possible to build a several story block of space on the parking lot immediately east of the Civic Center between the Civic Center and Van Buren Street. Either of these proposals would meet the City's needs. During the period in which these alternatives were being developed, represen- tatives of Southgate Development Corporation discussed with the City the possibility of the City leasing or entering into a lease purchase agreement for the old Elks Building immediately across the street from the Civic Center. The Southgate Corporation plans to completely renovate the building to provide 24,500 square feet of office space. Southgate Development is interested in occupying the top floor of the building (approximately 2,500 square feet) for the first five years. Therefore, the top floor could initially be leased to Southgate resulting in approximately 22,000 square feet for City offices. Chart 1 compares the projected needs of operating departments to the space available in the Civic Center and the old Elks Building. It does show that the Elks Building would provide sufficient space to meet our additional space needs. Under the proposed plan, it is expected that the only services that would be retained on the Civic Center site are the Police and Fire Departments, the City Clerk, the City Manager, City Attorney and possibly the Human Relations Department. As a result of the contact from Southgate and other work by the staff considering financing alternatives, four financing proposals were developed. These are 1) the issuance of General Obligation Bonds to finance the purchase of the Elks Building, 2) a lease purchase of the Elks Building, 3) the issuance of general obligation bonds to support the construction of a building on the Civic Center site, or 4) the development of a 63-20 corpora- tion (non-profit) to finance the construction of a building on the Civic Center site. As indicated in Chart 2, the lowest net cost and the lowest total cost for a 20 year period is the purchase of the Elks Building. GO Bond financing is the lowest total cost and would require voter approval. Lease purchase is the recommended alternative. It is estimated that the purchase of the Elks Building would save the City, over a 20 year period, close to $1 million. In FY86 it is estimated that the City will pay $58,000 for rental of office space. This includes $30,000 for the Davis Hotel for both the Department of Planning Engineering Division ofthe nand Public WorksuDepartment and $28,000 for space for the In the future, the annual cost for leased space will continue to increase as it becomes necessary to rent additional office space outside the Civic Center. For example, the planned upgrade of the computer system, scheduled 8.53 and budgeted for in FY86, will require additional space as the larger computer hardware will not physically fit in the current computer roan. Providing additional space for the computer could increase annual office space rental costs to $80,000. Although leasing space provides an interim solution, it is not the answer for solving the shortage of office space as it does not even begin to address the space needs of all departments. In addition, renting office space brings no long-term benefits as compared to using the same monies to purchase a building. City staff has thoroughly reviewed the lease purchase alternative to verify the estimated annual cost. Although details of a lease purchase agreement have been discussed with Southgate Development, further negotiation is needed to finalize such an agreement. A bill to clarify cities' lease purchase powers has been passed in differing forms by the House and the Senate. However, even if it doesn't pass, discussions with the City's bond counsel and legal staff indicate that the City could legally enter into a lease purchase agreement. The lease purchase of the Elks Building is estimated to cost the City an additional $144,425 annually for capital and operating costs. Chart 3 shows the computation of this additional cost. To fund this additional cost from property taxes would require an increase of approximately 1.4% on the average residential property's taxes. For a property assessed at $65,000 such an increase would raise taxes (using the FY86 tax levy rate) from $512.83 to $519.90, an increase of $7.07. The current review of all fees and charges may also yield additional revenue which could be used to fund the cost of additional space in place of increasing property taxes for the total amount. The relocation of most City facilities to the Elks Building would entail additional remodeling of the Civic Center and construction of a small addition on the westerly portion of the Police Station which would be used for fire truck storage. While operating costs would increase under any proposal, it is not expected that the operating costs for any proposal would be greater than for any other proposal. The remodeling costs for the Civic Center would include one or more elevators and other necessary changes in the building. A detailed list is included as Chart 4. A total estimated cost for such remodeling is between $800,000 and $1 million, depending on the items that are included. There are various sources of funding which would facilitate payment of these costs. If federal revenue sharing is utilized Including funds that have previously been allocated for the Shamrock/Arbor stone sewer, there is approximately $562,000 and if the City received one-half of federal revenue sharing in the final year, there would be a total of $660,000. The difference would be made up from fund balances or perhaps from the issuance of general obligations bonds in the amount of $75,000. However, there currently is pending in the state legislature a bill which would allow the City to issue general corporate purpose bonds with a reverse referendum. No vote would be required unless there is a petition for such a vote. If this bill should pass, it would be recommended that the City use existing funds for the remodeling of the office space and issue bonds for the remodeling of the police and fire portion and the small extension for the Fire Department. The staff recommends that the City Council authorize the staff to proceed with finalizing a proposal for lease purchase of the Elks Building and remodeling of the Civic Center as we believe this is the lowest cost proposal g53 i 4 for the City and an opportunity which probably will not be repeated in the foreseeable future. An early decision to pursue this option would allowthe City to be involved in the renovation planning so that the building uld best meet City needs. This alternative 1) gives the City adequate office space for the foreseeable future in immediate proximity of the Civic Center; 2) retains Civic Center land for future expansion; 3) ensuresistrict; 4) renovationlizes ll City major building in the central bus furtheiness r stabilizes the central business functions in close proximity; 6) buildin with historic district; 6) ensuresdoes not decreaseothennumbert,of existing parking spaces significance; 7) available for use by City employees or the public on a permit basis and 8 provides a plan which will allow for efficient municipal operations because of the proximity of the offices. gS3 i • I CITY OFFICE SPACE SPACE CHART 1 Balance of 1901 square feet for Conference Rooms. Civic Center Square Level Sq. Feet Dept. Feet Upper - West 10100 Fire 11969** New Addition 2000 TM Upper - East Ch ambers 1400 City Mgr. 1510 W.P.C. 336 City Clerk 892 Lobby 1000 Human Rel. 775 Offices 5064 �7T Total 7800 x 1.25* My Chambers 1400 Lobby 1000 6371 Lower - East and West 13200 City Atty. 1350 Police 10068** Note: 11418 *The 25% additional space factor is the recommended allowance for incidental space such as hallways, open area, restrooms, stairways, closets, etc. **Figures for the Police and Fire Departments include the additional 25% incidental space factor. 8S3 CITY OFFICE SPACE SPACE NEED Square Old Elks Bldg. Dept. Feet Floor Sq. Feet Finance 7691 PPD 2375 Ground 5790 HIS 2896 First 6071 PW/Eng, 2826 Second 6400 T5W Third 3500 x 1.25* 217 —19860 Balance of 1901 square feet for Conference Rooms. Civic Center Square Level Sq. Feet Dept. Feet Upper - West 10100 Fire 11969** New Addition 2000 TM Upper - East Ch ambers 1400 City Mgr. 1510 W.P.C. 336 City Clerk 892 Lobby 1000 Human Rel. 775 Offices 5064 �7T Total 7800 x 1.25* My Chambers 1400 Lobby 1000 6371 Lower - East and West 13200 City Atty. 1350 Police 10068** Note: 11418 *The 25% additional space factor is the recommended allowance for incidental space such as hallways, open area, restrooms, stairways, closets, etc. **Figures for the Police and Fire Departments include the additional 25% incidental space factor. 8S3 CHART 2 ANNUAL COST OF ADDITIONAL OFFICE SPACE Annual Lease/Purchase Payment Less Office Space Rental Already Planned for FY86 Net Annual Capital Cost Annual Operating Costs: Insurance Utilities Elevator, HVAC Maintenance Janitorial Staff & Supplies Contingency Less Rental Paid by JCCOG, Assisted Housing ADDITIONAL ANNUAL COST 800 25,000 3,500 26,000 5,000 CHART 3 164,000 58,000 106,000 60,300 (21,875) 144,425 $S3 CITY OFFICE SPACE COSTS/FINANCING ALTERNATIVES PURCHASE/ CONSTRUCTION TOTAL COST (INCLUDES ANNUAL COST COSTS) COST 1. Elk's Building 1,400,000 3,012,850 150,643 a. G.O. Bonds 3,260,000 164,000 b. Lease Purchase 2. New Construction 1,900,000 4,068,868 204,443 a. G.O. Bonds b. Lease Purchase with 5,565,100 278,255 a 63-20 Corporation ANNUAL COST OF ADDITIONAL OFFICE SPACE Annual Lease/Purchase Payment Less Office Space Rental Already Planned for FY86 Net Annual Capital Cost Annual Operating Costs: Insurance Utilities Elevator, HVAC Maintenance Janitorial Staff & Supplies Contingency Less Rental Paid by JCCOG, Assisted Housing ADDITIONAL ANNUAL COST 800 25,000 3,500 26,000 5,000 CHART 3 164,000 58,000 106,000 60,300 (21,875) 144,425 $S3 REMODELING/MOVING COSTS 5 S Fire Department Remodeling 335,000 Civic Center Elevator 85,000 Civic Center Remodeling 165,000 Office Amenities in Elk's Building: Copier 10,000 Computer Cabling 15,000 Base Radio Cabling 1,000 Moving Costs 15,000 Telephone System Move 25,000 Office Walls & Partitions 90,000 Computer Room 25,000 181,000 Office Furniture 30,000 Architect's Design Fees 46,000 Contingency 42,000 TOTAL ESTIMATED COST 884,000 CHART 4 X53 r CITY OF IOWA CITY i CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-500J i r April 18, 1985 Mr. Dennis Langenberg, Chair Johnson County Board of Supervisors P.O. Box 1350 Iowa City, Iowa 52244 Dear Mr. Langenberg: Enclosed please find a copy of correspondence I recently received from Ton Hayden of Shive-Hattery Engineers. As Mr. Hayden's letter indi- cates, it will probably be mid-June before the preliminary permit could be issued. This matter will not be scheduled for further discussion by the City Council until the City receives formal notice that the preliminary permit has been approved. I will ensure that you are notified of the date and time of that discussion. Please do not hesitate to contact me in the interim if you have any questions regarding this matter. Sincerel yours, Dale E. Helling Assistant City Manager cc: City Councilc� Resources Conservation Commission Riverfront Commission Public Works Director Ent. bj4/18 Same letter sent to Mayor Kattchee of Coralville and Rod Dunlap of Johnson County Conservation Board. gsY o, SHIVE•HATTERY ENGINEERS 6236 North Brady Street. P0. Boz 4438 Davenport. IA 52808 319.391.4412 City of Iowa City Civic Center 1410 East Washington Street Iowa City, Iowa 52240 Attn: .Mr. Dale Helling Assistant City Manager REG EIVFO„P29 1985 Davenport Rockkisland April 8, 1985 Re: Coralville Milldam Hydroelectric Project SH #384148 Dubuque Iowa City Cedar Rapids Des Moines Dear Dale: Attached is a copy of the FERC notice of the application filed with the Commission. Note Paragraph i. which shows the comment date of April 26, 1985. I have checked with the FERC Project Manager, Ms. Cheryl Phillips, and she stated that it will take approximately six weeks after April 26, 1985, for them to complete the competing permit application review process and issue the Preliminary Permit. Ms. Phillips stated that the decision on the project would be made in approximately 30 days after April 26, 1985, but it takes two weeks to process the paperwork and for the Commission to make a final decision. We will keep you informed of the application status as things develop. Should you have any questions, please call. Very truly yours, SHIVTTERY /ENGINEERS Thomas M. Hayden, TMH/kje Enclosure CIVIL • INDUSTRIAL • ELECTRICAL • MECHANICAL • STRUCTURAL - GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION (� O'er/ i i P-6691-000 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY CONNISSION Notice of Application Filed with the Comimeion (Hatch 16, 1985) Take notice chat the following hydroelectric application has been filed with the Federal Energy Regulatory Commission and is available for public lnspecctonz oc-A•21 A. Type of Application, Preliminary Permit D. Project No, P-6691-000 c. Date Fileds October 290 1984 d. Applicant, City of lova City e. Meme of Projects Corelville milldam f. Location, In Johnson County, on the fete River g. Piled Pursuant tot Federal Power "t, 16 U.B.C. 5 7911x) - 9251r) h. Contact Persons Thoma* R, Hayden P.L. Shiva-mattery Rngln**re P.O. Boa 6616 Davenport, Iowa 52608 I. Consent Dates April 26, 1985 j. Competing Applications Project Was, 6690, Date Piled October 29, 1916 k. Description of Projects The proposed project would consist ofs (1) an existing oarthfill and concrete den 16 teat high And 200 tut long Including • spillway at elevation 610 lost •.tele owned by the Johnson County Consecration Boards 121 • reservoir of negligible site and storage capacity$ 111 a proposed Intake channel approximately 100 toot wide and 250 foot long$ U) s propoes0 powerhouse approximately 70 feu vide, 30 feet hlgk and 60 foot long containing five submersible turbine/generator* eachwith a need Capacity of 200 k1$$ 15) a proposed tailrace chennel 600 net long and 160 tut wide, 16) a new tranemis- don lines and (7) appurtenant facilities. The metlmated aoorags annul energhl� produced by the protect would be 5,100,000 kWh operatlnq under a not hydmeulic heed of 12 toot. Project parer would be sold to the City of Iowa City. 1. This notice Also consists of the following standard paragraph*, A6, B. C, 02 a. Proposed Scope and Cost of Studies under PArmits A preliminary permit, It looU*d, dome not authorize construction. The tern of tis proposed Rr llminary permit Is 18 months. The work propoud under the preliminary permit would Include economic onalyals, preparation of prelinlnary englnooring plane, and s studyy of .nvicontmntel Impacts. Based on results of these •tudles Applicant would decide whether to procved with more detalln/ studio, and the preparation of an application for Ilcanu to construct And operate the project. Applicant utlmats* that the cost of the work to be performed under the preliminary permit would be 215,000. AB. Preliminary Permit -- Public notice of the tiling of the initial preliminary permit application, which has already been given, established the due date for filing competing preliminary permit applications on notices of Intent. Any competing preliminary permit application, or notice of intent to file a compering preliminary permit application, must be filed In response to and In compliance with the public notice of the initial preliminary permit application. No competing preliminary permit applications or notices of Intent to Elle a preliminary permit may be filed In response to this notice. Any qualified small hydroelectric eruption applicant desiring to (Ile a competing application Must submit to the Cosslesion, on or before the Spec Iliad comment date for the particular application, either a Competing small hydroelectric exemption application or a notice of Intent to file such an application. Submission of a timely notice of intent to file a small hydro- electric esseptlon application allows an interested person to (Ile the coopering application no later than 120 days after the specified comment date for the particular application. In addition, any qualified license or conduit exemption applicant desiring to fits a competing APpllcat, on May (Ile the subject appllcatlon until, Il) a preliminary permit with which the subject license or conduit exemption application would compete Is Issued, or (2) the earliest specified comment date for any license, conduit exemption, or small hydrmlrctrlc exemption application with which the subject license or conduit exemption application would comperes whichever occurs first. A competing license application must conform with 18 CFR 4.)310 and (d). U. AMto Protests o[ Motion. to Intervene - Anyone may AMt coemeste, A protest, or • mOt On to intorvers in accordance with the requirements of the Rules of Practice and Procedure, 11 C.F.R. $6785.210, 211, .214. In determining the appropriate action to tete, the Commission will consider all comments or other caents filed, but only those who file a motion to Intervene In accordance with the Comleslon'a Rules may boom, a party to the proc:@1 9. Any cmmentr, protseca, or motions to intervene Must breed wed on or before the specified comment date for the particular application. Piling and Service of Responsive Wcumente - Any filings must bear In all capital letters the title 'COMMENTS', 'NOTICE OP INTENT TO PILE COMPETING APPLICATION', 'COMPETING APPLICATION-. 'PROTEST'. or 'NOTION TO INTERVENE'. es applicable, and the Project Number of the psrticllar application to which the tiling I. In response. Any of the above named documents Must be filed by providing the original and thou copies required by the Comleslon's regulations toi Kenneth P. Plumb, Secretary, -E-federal Energy Regulatory Comission, 825 North Capitol Street, Washington, D.C. 20126. An additional copy must be sent tot Fred C. Spr Inger. Director, Division of Project Management branch. Ofilcr of Hydropower Licensing. Federal Energy Regulatory Come lesionI Rom 208 RB at the above address. A COPY of any notice Of Intent, cmpeting application or motion to i-tsrvese must also bA carved upon each representative of the Applicant specified In the particular application. D2. Agescy Corehes - Federal, State, and local agencies are rev to to a eorents on the described application. IA copy of the application may br obtelnM Dy agencies directly from the Applicant.) It an ag noy does not Cllr comments within the time specified for filing co antso it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's reprosentaeivse. Kenneth r. Plumb Secretary i I; a v e SCALE Site PIAn PLATE 3 II city of Iowa city f - MEMORANDUM Date: April 26, 1985 To: Ileal Berlin From: Terry Robinson Re: Tree Removal Procedure At this time I am following the removal and trimning procedures set forth in the Forestry plan which was reviewed by the City Council in January 1984. In addition to those trimming and removal guidelines I contact the adjacent property owner about the tree to be removed. I explain what problems I have found and gather as much additional information about the tree from the property owner as possible. In most cases I climb the tree to inspect any decayed or scarred areas on the branches or upper trunk. In instances when the structural integrity of the tree is questionable I make only ground inspections. During previous contracts I marked the trees to be removed with six to eight inch spray paint X's. I received some complaints about the aesthet- ics of the marks and have since changed them. I now mark the trees by spray painting an orange dot at the base of the tree on the street side. Trees to be trimmed are marked in the same manner with a green dot. These changes allow the marks to be less offensive yet still. visible to contrac- tors bidding and working on the contracts. tp5/17 gss i FORESTRY PLAN - IOWA CITY, IOWA I. Removal II. Trimming III. Planting (New) IV. Maintenance (New) I. Removals. December 23, 1983 Trees will not be removed unless absolutely necessary. Every care and precaution will be exercised to preserve existing valuable trees. Trees will be removed when the following conditions are present: A. The tree is 50% or more dead. B. The tree is weak structurally and dangerous to people or property. C. The Forester will declare these trees to be in "imminent peril". At the present level total removal of street trees probably will not exceed 30 per year. A consistent average should hold at 20. These estimates include both trees to be removed by contract and by City staff. II. Tree Trimming. Criteria for determining priorities. A. Trim younger, healthy trees first. B. Trim other healthy middle-aged and specimen trees of a desirable species which are favorably located, so that they have an excellent chance of achieving maturity. C. All other trees which are obviously deteriorating and dying should not have trimming money spent on them. Exceptions may be made for a dangerous limb, etc. III. Planting Goal. A. One -hundred trees will be planted per year on City street right- of-way or private property, as provided below, and will not include City Park or other City property. Any planting performed on these areas will be in addition to street tree plantings, and will be budgeted for by the respective division or department head. Approximate cost estimates: FY85 - 100 trees @ $100 $10,000.00 (includes inflation estimate) Approximate labor hours - 2 laborers @ 100 hrs. 00/hr. 400.00 1 tractor operator @ 50 hrs. @ $10/hr. 500.00 Total $10,900.00 gss FORESTRY PLAN - December 23, 1983 Page two B. First priority will be given to replacing all trees removed by previous years' removal contracts, conditioned on the trees meeting the following criteria. 1. The parking area must be 10 feet minimum from inside curb to inside sidewalk. 2. The replacement will not cause undue competition with other adjacent trees; i.e., too close. 3. The replacement position must not create any major problems with utilities, sight or traffic problems. 4. The adjacent homeowner wishes to have the tree replaced and agrees to water the tree for the first two growing seasons. C. If 1, 2, or 3 of the above criteria cannot be met and the homeowner still wishes to have the tree replaced, the City will replace the tree on the homeowner's private property subject to criteria being met for that purpose; i.e., location, species, maintenance. D. In 1, 2, and 3 above, approximately 40% of the trees will not meet the criteria to allow replacement. This will leave an average of 60 trees per year to be incorporated into the uniform planting described below. E. The uniform planting will follow a logical progression through the City. These plantings will usually occur in newer sections of the City, but may in some cases overlap with replacement of trees at contract removal sites previously mentioned. Currently there are three major areas which can be categorized as having low tree densities. The areas are bordered by the follow- ing roads: (1) east of Morman Trek, south of Melrose to Emerald Street, south of Benton and west of Weber Street; (2) south of Highway 6, east of Keokuk to Lakeside Drive; and (3) east of First Avenue, north of Highway 6, south of Rochester Avenue. Granted there are areas within these designated areas that have perfectly acceptable tree densities, however, for the ease of explanation, these general boundaries have been used. There are areas located between the Central Business District and these outlying areas which will require some plantings, however, they can be included in removal transplanting as they are not major in size. F. The area south of Highway 6, east of Keokuk to Lakeside Drive, will be the first area to be planted and will be done in the spring of 1984. This will be the first large scale area where we will purchase and plant the trees on private property, with the understanding that the homeowner will maintain the tree at their expense. We will also test this procedure with some of the homeowners who had trees removed from the parking during the summer of 1983 removal contract. C?.SS FORESTRY PLAN - December 23, 1983 Page three G. This planting plan will be projected over a five-year period during which time it can easily be modified to accomodate more trees per year, or the same amount of trees over a longer period i of time. i IV. Maintenance. One year ago, the Forester completed the street tree inventory, which shows that we have 8,500 street trees to maintain. This figure does not include public trees in City parks, alleys, and highway right-of-way. To maintain the present tree resource in an acceptable condition and provide adequate care for newly planted trees, the following personnel will be needed in addition to the Forester/Horticulturist. They are included in the proposed FY85 budget. 1 Maintenance Worker II $13,457.00 1 Temporary - 9 months @ 40 hrs./wk. @ $4.50/hr. 7,020.00 2 Temporaries - 16 weeks ea. @ $4.00/hr. 5,120.00 Total 25,597.00 Additional equipment will also be needed. The proposed FY85 budget includes $6,000 for the transfer of a two -ton flatbed truck from the airport to Forestry. When the Forester's pickup is replaced, a quarter -ton pickup (approximately $8,000) should be purchased. A high -lift boom attachment, which will reach 36' above the ground (approximately $12,000) should be purchased for the pickup. This will greatly increase our ability to trim trees, and reduce contracting amounts for same. gss I i R parks & recreation department M MO to: City Council from. T. Allenss y, Acting Director re•Annual Park Tour date • April 23, 1985 You are invited to attend the annual Parks and Recreation Department tour on Saturday, May 4, at 8:00 a.m. We will be leaving the Recreation Center at 8:00, tour several present and prospective park sites, have brunch at a surprise location, and be back at the Recreation Center by 12:00 noon. Please R.S.V.P. to Dee Harvey, 356-5110, by Friday,'May 3, if you plan to attend. x k gs6 Johnson County Council of Governments 410 E Vvt3Pirgcr. S1 bvw City, bv%u 52240 rIr000 Date: April 25, 1985 To: �(j�City Council and City Manager From ohn Lundell, Transportation Planner Re: Maiden Lane Parking Report r The problem which has been brought to the attention of the City Council and staff is the difficulty of the businesses along the west side of Gilbert Street between Ralston Creek and Prentiss Street (see Figure 1) to satisfy the parking requirements of the Zoning Ordinance and to meet the demands of the businesses. The businesses which presently exist in this area are the Vine, the Guitar Gallery, Fitzpatrick's, Imprinted Sports- wear, and the Antique Mall. Several other uses such as a beauty shop, artists' studios, used restaurant equipment sales and an apartment exist in these buildings as well. This area is zoned CC -2 (Community Commer- cial) in which is required a specific number of off-street parking spaces be provided depending on the type of use. The buildings in this area have little or no space available for parking on the lot since they were built at a time when automobile parking was not required and structures consumed the entire lot. While this problem is certainly not new, as parking requirements for this area have existed for years, it has become more of an issue recently for several reasons. First, the neighborhood has gone through a recent revitalization with the renovation of the Close Mansion, construction of the sensitively designed apartments to the south, increased number of apartment units to the north, and the Ralston Creek flood control improve- ments which have made these buildings more economically attractive. Second, the new Zoning Ordinance allows a change of a non -conforming use as long as the new use does not require any additional parking space. This is much less strict than the previous Zoning Ordinance which would not allow any change of use unless the parking requirements were satis- fied. Third, the City has strengthened its enforcement of the Zoning Ordinance. Several of the properties have changed hands in recent years with the new owners wanting to establish new uses only to find out they are in violation of the Zoning Ordinance. During the past 15 months the Board of Adjustment has allowed businesses to either expand or move into buildings in this area by granting a variance and two special exceptions. The owner of the building in which the Vine is located was granted a variance in February 1984, which allowed occupancy of the upper floors by uses which do not require more than one space per 200 square feet. Fitzpatricks was granted a special exception in October 1984, to construct an outside beer garden and Imprinted Sportswear was granted a special exception in December 1984, to move into their present location. The two special exceptions were granted after the applicant entered into an agreement for off-site parking. One reached an agreement with the owners of City Electric Company for leased parking behind that building and the other leased parking from the owners of the g.S7 -2 - BBE International, Incorporated to the west. While this provision has allowed for new or expanded uses in this area, the staff does not feel the special exception process should be viewed as an ultimate solution. These special exceptions satisfy the Zoning Ordinance requirements but do not provide easily accessible parking or any new parking in the area which is needed for full occupancy of these buildings. Staff has had numerous discussions with several of the building owners in this area and it is clear that a majority desire expanded parking arrange- ments which would allow for more intensive use of their buildings. For example, one owner is particularly interested in opening a carry -out pizza establishment with office and apartments above while another indicates he has lost several desirable potential tenants due to the lack of parking. As a worst case scenario, assuming that all the buildings in this area were fully occupied with retail/office/drinking establishment type uses and were required to satisfy the parking requirements, the maximum number of parking spaces required would be approximately 200. While it is unrealistic to believe that 200 spaces should now be provided if the buildings are going to achieve full occupancy, it probably is reasonable to attempt to provide at least between 50 to 100 spaces. This number of spaces is based on the new uses which several of the building owners wish to locate in their buildings. For instance, had the owner of the Vine not been granted a variance he would have had to provide 42 spaces in order to have office/retail uses on the upper three floors and the former O'Brien Electric building would require up to 54 spaces for office/retail/apart- ment uses if full compliance with the Zoning Ordinance is necessary. This report identifies several alternatives for addressing this problem. These alternatives are general in nature and do not have cost estimates associated with them. After discussing these alternatives the staff anticipates further direction from the Council on how to proceed. Alternative A: Pave and stripe existing Maiden Lane ROW. This alternative would involve hard surfacing and striping the ROW behind the buildings. The hard surface would make the parking area more attrac- tive and allow striping in order to maximize the number of spaces. The maximum number of spaces would be approximately 30. It is important to realize that this alternative only formalizes what is already occurring. Patrons of both the day and night businesses are currently parking in this area. At least two of the building owners are in strong support of eliminating all parking along the east side of Maiden Lane. Several have garage doors behind their buildings which are blocked at night by patrons of the drinking establishments. If the ROW were hard surfaced and clearly striped, it would make the no parking on the east side more apparent. Currently, while no parking signs are posted on the garage doors, frequent violations occur. Alternative B: Acquire additional land west of the Maiden Lane ROW. This alternative would involve purchasing additional land immediately west of the Maiden Lane ROW for an expanded parking area. This land is currently fenced off and used as a private storage lot for BBE Interna- tional, Inc. If a 15 foot by 250 foot strip of land were purchased, am parking on both sides of the aisle would be possible (except in front of the garage doors behind the buildings). This would provide approximately 55 spaces. i Alternative C: Provide parking on the other side of Ralston Creek. i This alternative would involve providing parking either dirbctly north of the area on privately owned land or northwest on the City -owned triangular parcel at the corner of Harrison and Linn Streets. The latter option would require bridging Ralston Creek for pedestrian access between the buildings and the parking lot. It is unknown at this time how many spaces could be located on these parcels. This alternative would require further study in order to ensure that the parking lot would actually be used by patrons of businesses in this area. Alternative D: Rezone the area to CB -10. This alternative would involve changing the zoning from its present CC -2 classification to CB -10. The CB -10 classification is meant for the core central business district where it is the responsibility of the City to provide parking. This area is not contiguous to existing CB -10 zoning and is 2-3 blocks from the downtown. Private parking is not allowed in a j CB -10 zone and hence businesses are not required to provide parking. While such a rezoning would allow the building owners to use their property without providing parking, it would clearly place all the parking respon- sibilities on the City. Alternative E: Do nothing. This alternative would allow for the status quo to continue. At least one property owner in this area has indicated he is in favor of this espe- cially if any improvement costs would be assessed to him. Most likely property owners would continue to approach the Board of Adjustment for special exceptions by utilizing off site parking. This alternative, however, will never allow the owners to achieve maximum utilization of their buildings. These are five alternatives which the staff feels are most feasible from an implementation standpoint. Others may exist such as constructing a multi-level parking ramp; however, the staff feels this would probably be financially and physically difficult. Alternatives A, B, and C would require action by the Board of Adjustment for use of off-site parking unless the title to the land is transferred to the building owners. The staff also does not necessarily support all of the alternatives. The purpose in mentioning them is to spawn an informative discussion between the City Council, staff, and property owners. If additional parking is provided a key question is how to fund it. Improvements could be paid by the City, the area property owners, the parking users, or a combination of these. The City could use parking system revenues or the general fund. The property owners could pay for improvements on their own or they could be assessed by the City. The users could pay for it through meter revenues or long term permits. Obviously it would be difficult for user fees to fund the full costs while still maintaining reasonable rates. Beyond the initial construction costs 0-57 0' sC the routine maintenance costs must also be considered. After the pre- ferred alternatives are narrowed arrangement down, ost estimates ashould be developed ` M41 t]EN LANE 5CAL5-: I" :W' RALSTON CREEk I � I I VACANT s l �� I LOT I. i I' 1 I I ANTIQUE MALL m I m I I�"1Pe1N'i�D j�` nj I SP0976w6AfZ SA 5 Z b b z � a m O'Bosm eu5nTI2-lIG 6LDC1• � I FITZPATZIGKS I ' I PXEN7755 ST,2Ea-r 85/1 City of Iowa City MEMORANDUM Date: April 25, 1985 To: City Manager and City Council From: Airport Commission Re: Corporate Hangar/Equipment Storage As part of the corporate hangar project for HLM (Hansen Lind Meyer), the Airport Conmisison would like to include a storage facility for our recently acquired snowblower, sand spreader, snowplow truck and mowing equipment. In the past we stored our equipment in a partially enclosed building by the Service Building. That area is no longer available because of equipment division storage needs. The new transit facility is also full as well as the fairgrounds storage areas. It is imperative that our diesel equipment and snowblower be in a controlled environment to ensure its reliability and to reduce maintenance costs. The costs associated with this project are as follows: The HLM hangar portion was bid at $161,585 and would be financed with GO Bonds, with the Debt Service coming entirely from the lease rental with HLM in the amount of approximately $1,900 per month. HLM has indicated that they would like the base rental to be $1700 per month and would consider other alternatives to get the hangar built. The, only way to get the rental*to $1700 per month would be .to rebid the project with a redefined scope of construction. The costs associated with the rebidding process would be on a pro -rata basis if HLM elects not to go with the hangar as originally bid. The balance of the project, being the equipment storage facility, would be approximately $60,000 and would provide storage for the airport's snow removal equipment. Our improvements account has a balance of $132,000. This account is maintained to provide matching funds for the 90/10 grants issued under the FAA's Airport Improvement Program. We propose to fund this storage facility out of that account. This plan would leave us with a balance of $72,000 to apply as matching funds for future FAA grant projects. We plan to build this account back to its original level by adding excess reserves that the airport may generate in future years. Before the bid is let for construction we will have a signed lease from HLM for their portion of the project, whether it is the original 51900/month or a reduced amount and will present this lease to the Council for approval. We seek your input on the proposed project and look forward to meeting with you at your earliest convenience. /sp • T0: FROM: RE: City of Iowa City MEMORANDUM Neal Berlin and City /Council Chuck Schmadeke (/ /J Summit Street Bridge DATE: April 26, 1985 During the summer of 1981, the Summit Street bridge deck was reconstructed to its current makeup: corrugated metal decking with an asphaltic concrete overlay (3 inch average thickness). It was decided not to exceed the 3 inch average thickness in order to keep the bridge free of a load embargo. Every summer since the deck was reconstructed, the City's Streets Division has provided necessary repairs to the deck which entails removing all loose and extensively cracked areas of asphalt, checking and fixing, where neces- sary, all connections of the metal decking to the bridge stringers, and relaying asphaltic concrete on those areas of the deck where repairs were performed. It is conjectured that the weight and heavy use of the bridge by the City bus fleet is causing the metal decking to flex enough to break the deck connections to the stringers which, in turn, cracks the asphaltic concrete overlay. Continual use of the Summit Street bridge by City buses will increase the rate of surface deterioration until eventually weight restrictions or a different bridge structure will be necessary. Noel Willis, the City's consultant on the Summit Street bridge deck reconstruction, concurs with the preceding concluding statements. i City of Iowa City MEMORANDUM Date: April 26, 1985 To: City Council From: Karin Franklin, Senior Planner Re: Notification of Property Owners on Pending Rezoning Actions During the process of rezoning a single lot, the property owner is notified of the pending action prior to action by the Planning & Zoning Commission and prior to the Council's public hearing. Legal notices are also published in the paper in advance of each meeting. A mailing list is compiled after the Commission's first public discussion on the item based on the people who address the Commission. Those people are also notified verbally or by letter of upcoming meetings relative to the matter. When large areas of the City or the whole City is rezoned, it has not been our practice to notify individually each of the property owners due to the cost of notification. These rezoning actions usually generate media cover- age. Legal notices are placed in the paper and mailing lists are compiled as explained above. During the current consideration of the Zoning Ordinance and map, the property owners of those areas where downzoning was considered were notified prior to the Planning & Zoning Commission hearing. None of those property owners appeared at the hearing of the Commission. bdw5/3 O city of Iowa city MEMORANDUM Date: April 23, 1985 To: Mayor McDonald and City Council Members From: Margaret Nowysz, Chair, Historic Preservation Commission' Re: Preservation Week 1985 The week of May 12-18, 1985, has been designated National Preservation Week and is expected to be observed by more than 5,000 preservation and neighborhood groups nationwide. The theme of the week is "The Action's Back on Main Street". The purpose of this event is to make the public aware of efforts to revitalize America's Main Streets by attracting new businesses, preserving historic structures, and developing special events in the business districts of cities across the country. The Iowa City Historic Preservation Comnission is requesting that the Council, at its May 7, 1985, meeting, proclaim May 12-18, 1985, as Preservation Week, calling upon Iowa City residents to recognize this special observance. A proclamation will be provided in your next packet. During the month of May, a display of the 1984 Preservation Award recipi- ents will be exhibited in the lobby of the public library. A series of slides of local historic structures will also be shown. In addition, the Commission has selected Irving B. Weber as the recipient of its 1985 Preservation Week Award. The award is presented in recogni- tion of Mr. Weber's outstanding contribution to local preservation through the historical accounts recorded in his books and newspaper articles. The Friends of Old Brick have designated the week of May 5-11 as "Old Brick Week" and have named Tuesday, May 7, as "Preservation Day". In observance of "Preservation Day", a noon luncheon at Old Brick has been scheduled and Councilmembers will receive invitations to this event. In order to kick off Preservation Week, the Historic Preservation Commission has made arrangements to present Irving 'Weber with a certificate of recognition at that luncheon. If Councilmembers attend the luncheon, the Commission would appreciate Councilmembers' assistance in the presentation of that award. If you have any questions, or desire additional information, please do not hesitate to call me at 337-9934, or Monica Moen, Commission staff assis- tant, at 356-5247. bc2 WILL J. HAYEK (16961952) JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND WILLIAM O. WEROER RECEIVED APR 241985 HAYEK, HAYEK, HAYEK & HOLLAND ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY. IOWA 52240.3976 April 23, 1985 City Council of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 RE: Ewoldt v. City of Iowa City Mayor and Council Members: I am pleased to report to you that the Johnson County District Court has granted a motion for summary judgment I filed on behalf of the city in connection with the above case. This case involved a lawsuit against the city by the estate of Steven Scott White. The administrator of Mr. White's estate sued the city alleging that the city was negligent in failing to arrest or hospitalize David Oppeldt in May of 1981. I filed a motion for summary judgment on behalf of the city in this lawsuit. Legal briefs were sub- mitted to the court and a hearing was held on the motion. Last Friday, Judge Robinson filed his ruling sustaining the city's position in this case. The estate will have 30 days in which to file notice of appeal if it wishes. If no appeal is taken in that period of time, Judge Robinson's decision will be final and this case will be closed. I am pleased to be able to report this result to you. Very truy yo rs, k ayek JWH:sld Enclosure cc: Harvey Miller, Chief of Police AREA CODE 319 337.9606 i I i i IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NANCY L. EWOLDT as Administrator 1 of the Estate of Steven Scott 1 White, ) 1 Plaintiff, 1 No. 4EB52 V5 ) RULING ON MOTION FOR SUMMARY JUD44ENT CITY OF IOWA CITY, IOWA, 1 1 Defendant. ) i On March 20, 1984, a hearing was held on the Motion for Summary Judgment filed by the Defendant City of Iowa City. John Hayek appeared for the City of Iowa City; and Peter Lousberg, Edward Rlando and Al Mainz appeared for the Plaintiff. Following oral arguments, the case was take- under advisement. In reviewing the City of Iowa City's Motion i for Summary Judgment, the Court must view the fact - in the entire record in the light most favorable to i the Plaintiff. Ta6CO3 Inc. v Winkel, 281 N.W. 2d 280, 282 i (Iowa, 1979). Summary judgment is proper only where there is no genuine issue of material fact, and the j e moving party is entitled to judgment as a matter yf � - i law. I.R.C.P. 237(c).1::•. FACTS ag The record in this ease consists of the pleadings, answers to interrogatories, and affidavits. It shows that Steven Scott White was the son of Nancy L. Ewoldt, administrator of the Estate of Steyen Scott white. On May 27,.1981, Steven Scott White was murdered by David Oppeldt in Iowa City, Iowa. S�oz 1 1 , 9 On May 26, 1981, at approximately 9:30 p.m., David Oppeldt walked into the Iowa City Police Station. He had been referred to the Iowa City Police Department by the Crisis Center which is located in downtown Iowa City. At the Crisis Center, Mr. Oppeldt had requested to be taken to Mt. Pleasant, Iowa. On the evening of May 26, David Oppeldt-s appearance was one of being -shaky', 'fragile', and -out of it". He talked slowly and moved slowly. From various descriptions, he appeared worn out or tired; was pale; his face was sunken in; his eyes were unfocused. When David Oppeldt appeared at the lova _ Cit Police Station, he talked with Donna M. B ' Y oJs � .. who was on duty at the front desk as a clerk-typiar.� ., Ms. Bogs smelled a mild to moderate odor of alcohol from David Oppeldt. He asked for a ride to Oakdale%•� tc' Hospital. Ms. Bogs assumed that he meant a ride to Oakdale for alcohol treatment. Mr. Oppeldt did not specify why he wanted a ride to Oakdale. Ms. Bogs checked with the sergeant on duty to see if the Iowa City Police Department could provide transportation at that time. Because the police officers were tied up, a ride could not be arranged, and Ms. Bogs - suggested Mr. Oppeldt return to the Crisis Center to see if he could arrange a ride from that organization. She Police Department phoned the Crisis Center to advise that Mr. Oppeldt was being referred back to it because transportation could not be arranged. He left the Police Department on foot, and the Police Depart- ment had no further contact with him until the next day. -2 - IF6 sv W I I I I After leaving the Police Department, Mr. Oppeldt returned to the Crisis Center and talked with volunteers there. Representatives of the Crisis Center phoned Mr. Oppeldt's psychiatrist regarding his condition, and the psychiatrist advised them there was nothing that could be done for him, and they should try to find a place for Mr. Oppeldt to spend the night. Mr. Oppeldt subsequently left the Crisis Center. t. JApproxima to ly 24 hours later, David Oppe ldp_t' murdered Steven Scott White. •� •: As a result of the homicide, the Estate of Steven Scott White has sued the City of Iowa City for breaching its duty to protect Mr. White from Mr. Oppeldt. CONCLUSIONS OF LAW The Court concludes that the Motion for Summary Judgment should be sustained for three reasons. First, the City did not have a legally recognized duty to Steven Scott White. Second, if, arguendo, Iowa Courts were to adopt a legal duty of police departments to ' detain citizens for the protection of a third party - when no crime has been committed nor it is apparent that a person is a danger to himself or to others, under the facts in this case, there was no breach of duty as a matter of law. Third, it was not foreseeable that David Oppeldt would create a risk of harm to third persons. 1. LEGAL DUTY. Plaintiff alleges the City is responsible for the death of Stevan White because it failed to take David Oppeldt into custody and see he received medical treatment the night of May 26, 1981. At the hearing on the Motion for Summary Judgment, Plaintiff also argued there was a statutory duty to detain a mental- -3- I W. ly ill person by a peace officer. Plaintiff asserts that Section 229.22 of The Iowa Code prescribes a dut The Section states, in part: " ..any peace officer who has reasonable grounds to believe that a person is mental _ ly ill and because of that illness is likely to physically injure the person's self or others, if not immeditely detained;: may without a warrant take orcause that person to be taken to the neaest available !w - 0 facility... Dean Prosser, at pages 324-326 of his text The Law of ; i Torts Section 53 (Fourth Ed. 19711, states the following: •In other words, 'duty' is a question of whether the defendant is under any obliga- tion for -the benefit of the particular plaintiff; and in negligence cases, the duty is always the name, to conform to the legal standard of reasonable conduct in the light of apparent risk...(1)t should be recognized that 'duty' is not sacrosanct in itself, but only an expression of the sum total of those considerations of policy i which lead the law to say that the particular plaintiff is entitled to protection." Negligence is a common law tort that is generally defined as conduct that "falls below the standard established by law for the protection of others against unreasonable ' risk of ham .• Restatement (Second) of Torts, Section 262 (1965). An element of negligence is a duty or standard of care wed by the actor to the victim. Wilson v Nepstad, 262 N.W. 2d 664, 667 (Iowa, 1979). A statutory duty or standard may thus establish an essential element for a negligence action, however, it does not provide the cause of action. Seeman v Liberty Mut. Ins. Co., 322 N.W. 2d 35, 37 (Iowa 1962). The cause of action itself is a creation of thecommon law that is inherent in the tort of negligence. Seeman, at 37. The Court is unaware of any prior Iowa Supreme Court decisions determining legal duty such as claimed by the Plaintiff in this case. in analyzing whether or not such a duty should be recognised in Iowa, the Court relies on the Restatement (Second) of ?6 D Torts, Sections 314-320. In particular, Section 315 states: "There is no duty to control the con- duct of a third person as to prevent•;' — .. him from causing physical harm to another unless there exists a special v relation between the actor and the third person which imposed a duty upon ��• the actor to control the third person's', conduct, or a special relation exists i o' between the actor and the other which gives the other a right to protection_' In this case, Plaintiff takes the position that the police ' department has a legal duty to detain a person who appeared in the general physical and mental condition as David Oppeldt did on the night of May 26, 1981. -No jurisdiction recognizes liability of government or its law enforcement officers for failure to prevent crime absent a special relationship between the police and the victim.- Police Liability for Negligent Failure to Prevent Crime, 94 L. Rev. 821, 822-823 (1981). -The victim of a crime that the police might have prevented through reasonable diligence cannot recover because, absent a special relationship creating a special duty, the police did not owe the victim a duty of care.- Id. at 824. i To impose such a duty would make it all but impossible to operate an effective police department. On the one hand, police officers would be placed in a position of having to detain everyone who they believed might be mentally ill whether or not they exhibited any indication they might be violent to themselves or others. On the other hand, if they were required to detain every- one exhibiting the mental and physical characteristics of David Oppeldt as sat out in the statement of the facts, they would run the risk of liability for false imprison - $6 aZ i mane and other intentional torts. The City of Iowa Cit}' owed no legal duty to detain David Oppeldt nor to transport him to an alcoholic unit at Oakdale Hospital in Johnson County, Iowa. The fact that a person like David Oppeldt walks into a police station and asks for transportation to 'Oakdale Hospital" does not create a special relationship between the police department and David Oppeldt or the police department and Steven Scott White. See Restatement (Second) of Torts, Section 315. As a general rule, police officers are not liable for failure to arrest a third person. N "The duty of a law enforcement officer to preserve the peace is C11. _ one which is owed to the public ' generally and not to*particular 1_- individuals; for breach of that �'— -• duty an officer is not liable •� S' 41 to any particular individual but only to the public." Gilchrist v City of Livonia, 599 F. Supp. 260 (E.D. Mich. 1981) citing Zavala v Zinser, 123 Mich. App. 352, 356 (1983). In short, the Court does not find a legal duty existed in this case, and summary judgment should be granted i for the City of Iowa City. II. IF, ARGUENDO, THERE IS A RECOGNIZED LEGAL DUTY OWED BY THE DEFENDANT TO THE PLhINTIFF, UNDER THE FACTS OF THIS CASE, THERE WAS NO BREACH OF SUCH DUTY. If the Iowa Courts were to recognize a legal duty by police to control the conduct of a third person so as to prevent him from causing physical harm to another when they (police) have reason to believe that physical harm may result if that person is not detained, the facts in this case do not support the elements of such cause of action as a matter of law. In Tarasoff v Regents of the University of California, 551 P. 2d 339 (Calif. 1976), the California Supreme Court determined that campus police at the University of California were not liable -6- IF6 oZ. after releasing a person whom a psychiatrist indicated was mentally ill and dangerous. In that case, the 'police department" had greater knowledge than the Iowa City Police Department had in this case. In Terasoff, ! the police were aware that the person they were asked � to detain was potentially dangerous to third persons. i i In this case, the Iowa City Police Department had no iindication that David Oppeldt was a danger to himself, I much less a danger to third persons. Under the facts i in this case, summary judgment is an appropriate remedy r I for the Defendant City of Iowa City. III. FORESEEABILITY. Referring to foreseeagflity, ' ,_ M Dean Prosser states: — 'There is perhaps no ocher one issue,';.• in the law of torts over which ao -n much controvery has raged, and concernini �•_ C'? • which there has been so great a deluge �on t of legal writing." Prosser, at page 289. When the Motion for Summary Judgment was argued, the Court was reminded of the famous case of Palsgraf v Long Island R. Co., 162 N.E. 99 (N.Y. 1928). In 1928, Palsgraf became the leading case on the issue of 'foreceeabilitye. Judge Cordozo, writing for the majority, found there was no I negligence in that case because negligence was a matter of relation between the parties which must be founded upon I the foreseeability of harm to the person in fact injured. In Palsgraf, the Court found there is no duty, and hence no negligence, and so never any liability, to the unforeseeable i Plaintiff. The Restatement of Torts adopted this view. Restatement of Torts, Section 281. In this case, David Oppcldt appeared et the police station and asked for a ride to Oakdale Hospital. He left the station and did not + appear to be violent or suicidal. Looking at the evidence in the light most favorable to the Plaintiff, pr. Oppeldt i 0 appeared slow, shaky, and out of it. He was able to walk acd communicate. He returned to the Crisis Center where he talked with volunteers from that organization. His psychiatrist was contacted, and no action was taken by the physician. He left the Crisis Center on his own. A day later, Mr. Oppeldt murdered another person. Plaintiff's claim fails on the issue of foreseeability. At best, it could be argued the Iowa City Police Depart- ment might have believed Mr. Oppoldt to have been a danger to himself because of his "shaky" condition. There could be no reason to foresee that David Oppeldt would be a danger to anyone else. Under these circum- stances, summary judgment is an appropriate remedy for the Defendant City. JUDGrT.MT I i� i i i r for the Defendant and against the Plaintiff. appeared slow, shaky, and out of it. He was able to walk acd communicate. He returned to the Crisis Center where he talked with volunteers from that organization. His psychiatrist was contacted, and no action was taken by the physician. He left the Crisis Center on his own. A day later, Mr. Oppeldt murdered another person. Plaintiff's claim fails on the issue of foreseeability. At best, it could be argued the Iowa City Police Depart- ment might have believed Mr. Oppoldt to have been a danger to himself because of his "shaky" condition. There could be no reason to foresee that David Oppeldt would be a danger to anyone else. Under these circum- stances, summary judgment is an appropriate remedy for the Defendant City. JUDGrT.MT Based upon.the foregoing Findings of Fact and Conclusions of Law, summary judgment is hereby entered for the Defendant and against the Plaintiff. Costs are assessed to the Plaintiff. Dated this day of April, 1985. L 'RN ROBIN , Judge of the 6th Judicial District CC: F.dw'ard N. Bland, 8 Aldean r•. Kainz - ne[er H. Lou sherd v, 2_, '• __3[1h[r W. Hayek Robert ti. Jansen W Robert J. Huber y. 1'vcl:cr 11. Tucker { P.i Chard E �' '• tCi ]l lam COWES MAILED TO COUNSEL OF RECORD �, [u� ,:• -B- 06,2 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 April 22, 1985 PRESS RELEASE Contact Person: Douglas Boothroy, Director Housing 8 Inspection Services 356-5121 Re: Elderly Housing/Services Survey The City of Iowa City is in the process of evaluating the housing and services needs of the community's senior citizens. As a part of the analysis, May Zima and Co., a Certified Public Accounting firm in Atlanta, Georgia, has been hired by the City to conduct a survey during the week beginning Tuesday, April 23, 1985. A confidential questionnaire will be mailed to a sample of approximately 3,000 senior citizens in Johnson County. The purpose of this survey is to identify what type of housing and services the community's senior citizens need, want, and are willing to gay for. Respondents are requested to mail the completed questionnaires to May Zima by Monday, April 29, 1985. May Zima will then record the responses and analyze the results. Recommendations based on the survey results and interviews with local community groups and individuals will be made at the end of June. -0- From: Administrative Offices bcl CITY OF IOWA CITY CNIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 PRESS RELEASE Date: April 24, 1985 Contact: Jim Hencin, CDDG Program Coordinator 356-5244 Re: Iowa NAHRO Conference The City of Iowa City will host the spring conference of the Iowa Chapter of NAHRO (National Association of Housing and Redevelopment Official's). The conference will be held April 24-26, 1985, at the Holiday Inn Hotel in downtown Iowa City. Approximately 130 representatives from local community development and housing agencies in Iowa, along with U.S. Department of Housing and Urban Development (HUD) officials from Des Moines, Omaha and Kansas City are expected to participate in the three day conference. Sessions will deal with such topics as: how to involve women and minority businesses in housing and community development programs; assisted housing regulations; economic development for small cities; and the status of state and federal community development legislation. The conference keynote speaker is Helen Sause, who is currently the Vice-president for Community Revitalization and Development for national NAHRO and Project Director for the San Francisco Redevelopment Agency. Ms. Sause will address the future and challenge of housing and community development. President of the Iowa Chapter of NAHRO is John Stibal, Community Development Program Administrator for the City pf Cedar Falls. From: Administrative Offices -0- !-M I I V\L�L�LjIj aJ a �f LEGISLATIVE Wp100e.rett� BULLETIN maa.w`w� a.Ia.....lawaaaA 16161 aASPMr First Session, Bulletin No. 8 April 24, 1985 GOVERNOR SIGNS LOMRY/TAX BILIS The Governor has signed HF 225, the state lottery bill, and SF 395, the comprehensive tax package. Bath bills contain either increased revenue availability or financing authority for cities. IF 225, the lottery legislation, contains $10 million in economic betterment revenue available to local government to be used for economic development projects. SF 395 contains local option taxing authority for cities. SENATE POLLS BACK APPROPRIATION LEVELS Reacting to reports that the state budget will have a deficit neat • the Senate has begun the process of attaching amendm.-nts to each appropriation which rolls back the amount of the Governor's proposal by 16. This will have an impact on the f state municipal assistance revenue by 1pwcring the amount of the appropriation by > 5146,500 or approximately 6.9 cents per capita on statewide distribution. Also being { attached to all appropriation measures are amendments which call for the rolled -back 1 amount to become the ceiling for next year's appropriation. Therefore neat year state municipal assistance would be funded at $14.503 million as opposed to $14.65 i million. The Governor would have the authority to item veto any or all of the rolled -back amounts when the bills reach his desk. DEBATE CONTINUES ON COLLECTIVE BARGAINING BILL After two days of debate and numerous caucuses the House has still not completed work on SF 364, a bill relating to the scope of negotiations. Passage of sei,ral amendments filed by the House Labor and Industrial Relations Com- aittee guarantee that the bill will have to return to the Senate for further consid- eration. one of the amendments passed on the House side would mend the Senate version to To' combine the list of negotiable items which had been developed for schools and certi- fied teachers and for all other public employees. The League -supported Amendments which would hove eliminated fact finding and required final package as opposed to separate items submitted to binding arbitration lost on a 42-48 vote. Final action an this bill and HF 753 dealing with comparable worth will depend in large part on the final form either chamber is willing tem accept and agree on. We be]leve that will that agreement is reached, neither bill will be finalized. HOUSE AMENDS PASSES SF 296 ON PUBLIC FUNDS The Holae has mended and returned to the Senate SF 296, an Act relating to deposit and Investment of Idle public funds. As amended by the (louse several of the provisions relate to coponded Investment states that Chapter 411 cities currently in - authority for titles. Specifically- It valved in investing pension and retirement funds may likewise Alan invest Any funds not needed for current operating in like or similar manner. The [louse mendment Also strikes the authority to aeposit public funds anywhere In the state as opposed to the current limitation of adjoining counties. Finally, the amended version strikes the authority of the state treasurer to adopt gW S .2 - =lea for investing sinking or reserve funds. HOUSE PASSES VETS' PREFERENCE - SENDS BILL TO GOVERNOR In a unanimous vote the House has approved the Senate version of SF 266, An Act relat- ing to veterans' preference, and has sent the bill to the Governor for signing. The bill was not amended by the House and is in the sue form as opposed by the Senate on a 35-12 vote on April 2 (see bulletin No. 7 for details). SENATE ACCEPTS PSYOIOLOGICAL TESTING BILL The Senate has accepted the amendments to HF 691, an Act relating to psychological testing, and sent the bill to the Governor for signing. As passed by the House and Senate, the bill provides that rhe Iowa Lev Fnfn.c• ent Academy shall, beginning July I, 1986, provide Cor the to itive and psychological examinations and administration of such exams a, no cost c, cities or thu applicants and shall identify and procure individuals to interpret the exuinaiw>. SENATE SEERS TO CAP PROPERTY TAXES Senate Concurrent Resolution 42 has been introduced in the Senate and cosigned by 20 Republicans. The resolution relates to a budget freeze and provides that a political subdivision of the state that receives reduced funding few state appropriations shall not replace the reduced funds few any property toes levied by the political subdivi- sion. This limition is he at ls duc or ,. back amount for the 11985-861 fiscal on to tyearrto beothe hupper l limit rtohethesue appropriaa i tions for the 1986.87 budget year. i HOUSE ,VENDS PASSES EXEMPTION BILL IN WORKERS' CDMP. The House has amended, passed and returned to the Senate IF 503, an Act relating to i certain self-insured workers' comp programs. As originally passed by the Senate, the bill would have exempted from the 2% insurance premien -taa self-insured workers' compensation programs created under Chapter 28E, which included the League workers' camp program. iThe House, although retaining this provision, added Amendments which provide that any { self-insured life, accident or health insurance program created after the effective j date of the legislation would be subject to rules promulgated by the insurance com• missioner which shall Include o requirement that at least once a year a city operat- ing a self-insured program shall obtain from an outside actuary certification that the plan is able to cover All necessary expenses. The provisions, which would have required that all self-insurance plans currently in effect would have to be submitted to =]a making prier to continuation or implemen. tation. were removed from the bill. HOUSE PASSES QUOTA LEGISLATION Despite objections free the League and other city officials, the Home has passed SF 497, a Act prohibiting a state agency or a political subdivision from mandating or suggesting to a peace officer that the officer issue memo number ron lof traffic equipment. cleat ion,, police citations, memorandum on traffic, mw The League believes that this bill is an intrusion on local prerogatives and local management rights. The bill new ge goesto the heernor. City of [officials his lslatiwd contact the Governor's offic nst MORE INFORMATION ON IRS BEGS ON RECORD /EEPING As reported in the lost bulletin the Home and Senate have acted to rescind the regu- lotions on log keeping and mileage regruirements by city employees. The bills, however, are in two distinctly different versions and the differences must new be worked out in a conference committee. g6S -S - The Senate version, in addition to repealing the IRS regs requiring extensive log keeping, also exempted any use of many municipal safety vehicles from income tax liability and withholding provisions of the new IRS regulations. The Ibuse bill, in addition to exempting the record keeping, also allowed for addi- tional repeal of all contemporaneous record keeping for a list of vehicles which in- clude a clearly marked police or fire vehicle, owned or leased by a government unit. The Ilouse Is intending to send its recommendations to the IRS which would allow the service to expand the list through either regulations or revenue rulings to include those vehicles that the committee may not have included. In a letter to the Treasury, the Ilouse committee chairman maintained that under cer- tain circumstances the Treasury should provide that all use of such vehicles by an employee be excluded, as a working condition fringe benefit, from the employee's income and wages. The report language by the committee stated that "if an employer requires, for bona fide business reasons, that the employee takes such a vehicle to his or her how when the employee Is not working and that no personal use Is made of the vehicle, then all use of the vehicle could be considered business which would be deductible and thus excluded from Income as a working condition fringe". We will keep you advised of the results of the conference committee SENATE DEBATES/DEFERS ON WORKERS' CIAO' BENEFITS TO VOLUNTEER FIRE FIGIITERS House File SRI, an Act relating to qualification standards for intoxication as it re- lates to volunteer fire fighters, has been deferred after a lengthy debate In the Senate. The bill has already passed the House, however several Senate members du not believe that a double standard as it relates to levels of intoxication should be established. Under the House -passed bill, volunteer fire fighters or their families could collect benefits if they had a blood alcohol content between .10 and .20 of a percent. This level of blood alcohol would be higher than the current standard which would prohibit an individual to drive on the highway. If the level were between .10 and .20 the state industrial commissioner would have to determine if the person's intoxicated condition was a substantial factor In causing death or Injury. HOUSE TO DEBATE HEALTH COVERAGE BILL FOR CREMICAL DEPENDENCY AND MENTAL DISORDERS The Ibuse has scheduled debate for SF 461, an Act relating to and requiring health coverage under group policies for the treatment of chemical dependency and mental disorders. The bill, which would take effect March 15, 1986, would make it mandatory for health Insurance companies offering health group programs to also offer the same coverages to chemical dependency and mental disorders. The insurance commissioner is required to submit to the general assembly no later than January 1, 1986 the effects on premium and participation cost of this legislation. Cities should be aware that if and when this bill goes into effect it will have on Indirect impact on the cost of your premiums for your employees whether they are chemically dependent or not. This is because of the expanded scope of coverages being mandated, the increased exposure for loss premium ratios and 'adjustments In rates that will have to occur in order to anticipate and cover these added new exposures. The League has pointed out this indirect cost to legislators. They, however, are Indicating that they have not heard from city officials an to the flnnneial Impact of this bill on other health programs. City officials should contact their insurance carriers to determine If they are aware of this bill and further what impact It might have on current rates for your city employees. This Information should then be transmitted to your legislator and to the Insurance commissioner's office. HOUSE APPROPRIATIONS APPROVES BILL ON JOBS TRAINING FOR SMALL BUSINESS The House Appropriations Committee has approved and sent to the floor IIF76b,an Act to establish an fora 91511 Business jobs training program. The bill provides small businesses with the same opportunities established under HF 623 passed several years ago in which an employer would enter into an agreement with an area community college to establish and provide for this training program. The training program costs could be paid from a variety of sources including incre- mental property taxes levied on the increase in valuation of the employer's business Property. Of particular concern to city officials, the sore as has arisen in othe• cases under the operation of NF 623, is that there are no provisions in the bill that would re- quire the board of directors of an area school to publish notice of their intended action, to hold public hearings on the financial impact on the tax base of the com- munity and no requirement that a city be notified of the action which could result In a reduced valuation base on which taxes are spread. Further, there appear to be no upper limits on the amount of property taxes which could be set asiie to fund the program costs. Likewise, there appear to be no requirements that the county auditor u'vise the tax- ing jurisdictions of any reduction in valuation as a result of agreements entered into between an employer and the area school. Finally, there are no provisions for involving or requiring that elected city offi- cials or representaslves in the determination of the training program -dth the non- elected board of directors of an area school who ultimately are deters ning tax policy. As the League has pointed out previously, we are not opposed to the de•elopsent of jobs training programs but are concerned that similar controls such as publications, public notice and public hearing are not required of A non -elected board of directors of an area school as they are for city budgets. The agreements called for in this legislation are similar to those of HF 623, now 280B, Code 1985, which provide that program costs wJll.not be deferred for aperiod no longer than ten years. City officials should contact their legislators and raise concerns about the apparent lack of fiscal controls on non -elected officials outlined in this bill and at the same time point out the local benefits of such a program As long as city officials are given an opportunity to have input in the decision-making process. The deferral of property taxes for certain programs could have the effect of increas- ing local property taxes to other residents because the tax base is reduced for a period of ten years end with a reduced tax base your local tax levy will not produce as any dollars, Therefore, if a city were not already at its maximum for general fwd operations, it may have to raise the cents per thousand to just maintain a revenue level the same as prior to an agreement being reached. Once again, should this occur, local residents are not provided with any opportunity to vote on the Jobs training program which could result in increased property taxes. SENATE DEBATES/DEFERS ON GAS TAX BILL Following five hours of debate and the adoption of a controversial mendment which may be unconstitutional, the Senate deferred on SF 565, an Act relating to a gas and diesel fuel tax. Debate is expected to continue later this week with a close vote expected on final passage. Passage of the bill would provide approximately $8.1 million more in rood we tax revenue to cities through the current allocation formula. This would amount to approximately $3.85 per capita over the next 12 months. Debate was temporarily delayed earlier in the week after the adoption of an amend- ment offered by Sen. Leonard Boswell (D -Davis City). The mendment would exempt motorists purchasing fuel in far southnrn Iowa from part or all of the tax boost. Boswell offered the amendment because of the uniform 7 cents per gallon ratecurrently In existence in Missouri and argued that the 9 cents differential would force geo s i -5- motorists to drive to Missouri for gas purchases. This would have the effect offorc- Ing stations close to the border out of business. Under the amendment, stations located in the first 8 miles of the border would notpay any increase. Stations within the second 8 miles would pay 1 cent Bore, the third 8 miles,2 cents, and beyond the third eight miles, the full amount. The proposal could also apply to other border cities and counties if Iowa fuel taxes rise more than 6 cents above those charged by the neighboring state. Presently, Mis- souri is the only state that has a tax more than 5 cents below the proposed Iowa tax. Efforts to reconsider the amendment were defeated. Critics of the Boswell amendment have charged that the amendment violates the state constitutional provisions requiring uniform taxation and could spell defeat for the entire bill. PROPERTY TAX RECEIPTS REDUCED? The Senate has passed and sent to the Mouse SF 101, an Act providing for the payment of property taxes in installments. The bill as passed by the Senate would allow a treasurer to accept less than the full mount of the first or second semiannual Installments if the payment is at least 850 and the taxpayer making the payment is blind, disabled, hmdi capped, over 65 years of age or has an annual income at or below one hundred fifty percent of the federal Im- munity service administration poverty guidelines. The impact of this could mean that cities would receive less revenue when taxes are spread by the county in the fall of the year. The bill has been assigned to the House Mays and Means Committee. City officials should contact members of that committee and argue against this installment bill. a e e u. S V MMM`1 U ` fel T W TH F S LOAM -Staff Mtg. 8AM-Magistrate (onf Room) Court (Chambers) 7:30PM-Riverfront 7:30PM-Formal P&Z (Chambers) Comm (Public Lib Room B) ,- 7 fr lOAt�-Stafp Mtg 9 10 J SAM -Mag strata 8AF3F0AaM1-Housing (Con Room) PM-Se?for Center 8AM-Magistrate Cour ((Chambers) Courtg( Chambers) (Public Librtldar ) Y Comm (Senior Ctr) 6:30PM-Informa Council (Cher 9AM-Housing Comm (Public Library) 7.30PM-Airpoxt Comm 7.30PM-Res urces ConseS5vatQGn 7:30PM-Council PM -Pa Ks & Rao CO: fRec Center) (Tra sit Facility) Cgfmn `Publ�c (Chambers) •30PM-Histtoric Library, Rm B) PresS rvat}on Corn (Pubic Lib, RmB) [am 15 /6 /7 /d -Magistrate court(Chambers) 1gConftRoomjeeting SAM -Magistrate Court(Chambers) 4yPM-Urban Environ (d Hoc RmtB)e PM-D?sigT Review Lib) 7,3R Formal P&Z ?Chambers) 7:30PM-Informal Ctr) 6:30PM-IInfoCmal ouncil Com Public ) P&Z (Senior (Chamber i9 20 ;t 8p�4-Broad an �'elec un cat 01 11Z s in �3 BATd-Magistrate BCourtg�Chambers) tnppmMM YCN ars) lgconftRoom)eet Court (Chambers) 3C3 ?Public Lib, Rm8 II pp 6Coonciln(Cher 7.3 PM-Coupcil. ?Chambers? 7PM-Broadband Tele Comm Triapnua ) Review Cnneemmbbers qpM-I,ibrarY Board Library) CCmm ) (public db a7 28M A7 3o 3/ HOLIDAY 4(pPUUpccCLi�1bron tee I(Conftaff Meeting 1i gcourY9(CMembers) 6.30PM-Infot'mel Council (Chamber )7pM_groadband Telecommunication 7:30PM-Human light Comm (Sr Ctr) Com TrjannuAl Review 1Namuers) col Heritage Cablevision A Guide to Heritage Cablevision's Community Programming Center and Local Cable Programming 50 Community Programming Is . • . PUTTING YOU & YOUR COMMUNITY IN THE SPOTLIGHT If you have something to say or would just like to develop your own television show — Community Programming gives you the opportunity to do so. Heritage Cablevision, through its Community Programming Center, provides equipment and training in order that any community member, regardless of age, race, sex, religion or political orientation can learn how to produce their own television show. All of this is provided free of charge to the community. FIVE LOCAL CHANNELS — EXCLUSIVELY PRODUCED FOR THE COMMUNITY! Heritage's cable system provides five channels that are programmed by local institutions. They are: • CHANNEL 20 — Iowa City Public Library Channel • CHANNEL 26 — Community Programming Channel • CHANNEL 27 — Educational Consortium Channel • CHANNEL 28 — University of Iowa Channel • CHANNEL 29 — City of Iowa City Government Channel AN ALTERNATIVE TO CONVENTIONAL TELEVISION PROGRAMMING Heritage's local cable channels give you the opportunity to enjoy local events, issues and people as well as out of the ordinary television programming — none of which you will find on any other cable channel. During the past five years your local channels have brought you: • Regular coverage of the Iowa City Council Meetings • Coverage of Children's Story hour from the Public Library • School Board and other Public Office candidate debates • A variety of locally produced programming ranging from the ever popular comedy -series 'Space Heaters" to the shocking, in-depth documentary on religious cultism, "Inside & Out" 967 The Workshops .. . ` STUDIO PORTAPAK Instruction on the use of the remote camera -recording unit. Includes training on remote lighting, audio and basic camera techniques. ` PVOM Instruction on the use of the portable special effects switching unit known as the PVOM. Training includes lighting, audio mixing, recording, switching and directing. Instruction on studio set design, lighting, use of audio mixer, film chain operation, recording, switching, character generation and directing. EDITING Instruction on basic editing concepts including, assemble and insert modes, operation of the edit controller, use of special effects switcher and audio mixer. ,k. GUIDELINES Provides the basic rules, policies and procedures governing the Programming Center including, how to get your show on the air, equipment use, how to find qualified volunteers and programming legalities such as copyright and slander laws. ` SPECIAL WORKSHOPS Topics range from Advanced Lighting Techniques, Program Promotion, Advanced Editing and Camera Techniques, Grant Writing and Television Graphics. 967 You Can Get Involved! The videotape "Welcome to Community Programming" provides a broad overview of Heritage's Community Programming Center and how you can become involved. The program is available for public checkout through the Community Programming Center. It also can be viewed by calling the Center and requesting that it be played on channel 26. To begin the workshop process, contact Heritage's Programming Coordinator. The Coordinator will enroll you in the next Guidelines Workshop. This workshop is held once a month and allows you to discuss program ideas and workshop interests with other community members. For more information on Community Programming, contact Heritage's Director of Programming. 351-3984 Community Programming Center Iowa City Public Library 123 South Linn 338-7035 Open: MWSa 10 am — 6 pm TTH 2pm-10 pm Cod Heritage Cablevision 546 Southgate Avenue 351.3984 Open: M -F 8 am — 5 pm 867 •z� r rx ,{K+! t4 Yri hr e1' ;f r r, , Community Programming Center Iowa City Public Library 123 South Linn 338-7035 Open: MWSa 10 am — 6 pm TTH 2pm-10 pm Cod Heritage Cablevision 546 Southgate Avenue 351.3984 Open: M -F 8 am — 5 pm 867 City of Iowa City MEMORANDUM DATE: May 3, 1985 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memoranda from the City Manager: a. Energy Savings b. Cottonwood Trees 8 c. Evaluation of City Manager '7 Memorandum from the City Clerk regarding evaluation. g Memorandum from the Department of Planning and Program Development regarding sign ordinance amendment. -� Memorandum from the Traffic Engineer regarding speed on Highway 1. 8 Memorandum from the Housing Coordinator regarding purchase of three-bedroom public housing units. _ Memorandum from the Parking Systems Supervisor regarding preventive maintenance to parking ramps. _91 Memorandum from the Airport Manager regarding HLM hangar/equipment storage 91_ facility. Quarterly report from the Public Library. g Memorandum from the Library Board of Trustees regarding food, beverage and smoking policy. $ Letter from Margaret Leahey Bruns regarding the cottonwood tree at 48 Penfro Drive. Legislative Bulletin No. 9. $ Article: 'Suit' -able cartoon? S 7. 7 78 Z Addendum 1 to the Iowa City Comprehensive Plan, Urban Environment Policies. 1??a Agenda for May 8 meeting of Parks and Recreation Commission. 993 Ltr. from Jon $ Pat Meskimen re cottonwood tree at 48 Penfro Drive 883a and signatures I.tr. from Gerald L. Bruns re cottonwood tree at 48 Penfro Drive 883b Ltr. N design of Glks Building from Steve A. Rohrbach, of Wohner, Pattschull, Pfiffner Architects 883c City of Iowa City MEMORANDUM Date: April 30, 1985 To: City Council From: City Manager p__—_ Re: Energy Savings The attached report on energy use indicates that in the six year period (FY78-84) there has been a savings of over $1 million in energy or approxi- mately $170,000 yearly. The last page graphically demonstrates that with an expenditure of $357,442 for additional energy conservation measures, all of which have a payback of seven years or less, the City could be saving an additional $365,000 yearly by 1990. bj2/1 I City of Iowa City MEMORANDUM Date: April 24, 1985 To: City Council From: James Schoenfelder, Energy Coordinator Re: Energy Use The attached charts represent the Iowa City energy use profile since FY1978. Superimposed on these charts is the projection of energy use had no conserva- tion steps been taken. Descriptions of the charts are as follows: (all charts exclude transportation energy) 1. IOWA CITY ENERGY USE PROFILE - This chart shows the annual energy consumed in millions of BTUs per year per degree day (OD). BTU's were divided by DO since a substantial part of the energy consumed was weather dependent. The slope of the dashed line is equal to the slope of the solid line between FY81 and 84. This was assumed to be a conservative estimate of the average annual energy use growth rate. 2. IOWA CITY ENERGY COST PROFILE - This chart represents in thousands of do ars the actua and estimated annual cost of energy. 3. IOWA CITY ENERGY USE PROFILE (PIE CHART) - This pie chart shows by percentage energy use and cost by sector for the first half of FY1985. Note that the cost and energy use charts are not proportional. For example, maintaining building environments represents 49% of the total energy use but yet is only 35% of the total energy cost. This is because much of the energy used for building environments is natural gas which is considerably cheaper per BTU than is electricity (see Energy Facts C and O). 4. IOWA CITY ENERGY COST PROJECTIONS - This chart represents future projec- tions for two possible courses of action. The first course of action is to do nothing but maintain status quo (no major ECM expenditures). , This is represented by the center solid line. The second course of action is to fund all ECM s (Energy Conservation Measured) with simple payback of seven years or less. It is currently estimated that this would cost $357,442. This action is represented by the lower broken line. The next decision point occurs in FY1990. OTHER INTERESTING ENERGY FACTS: A. Total energy saved between FY78 and 84 was 452,912.4 x 106 BTUs, the equivalent of 3,258,300 gallons of No. 2 oil. B. Total energy dollars saved between FY78 and 84 was $1,023,400. C. Total cost of electrical energy in FY1985 (first half) was 50.0764/KWH or 522.39/million BTU which is 22% more than 1984. 9M 2 ` 0 c IOWA p�►� i 9 10µ/A arty L%erA'{y68 recFlI.S 6trdlt+ iy�l�ir� I e. 6} f i '� Wae�- 4 Sewer 32'/0 I i �r L�91,�tN5 Z5 � sl'op L�gh� i 81r� Environ. 49 % Sods F-nvtron. .35 Vda4w s :�ew6r 34% By 606T B =0 180 IOWA. �Y � / / / pwsezno&.- / 17X / / IG3s / / / J// 94 LW BG 67 Q3 9? 40 City of Iowa City MEMORANDUM DATE: May 3. 1985 TO: City Council FROM: City Manager¢..' /3y✓`� RE: Cottonwood Trees Chapter 657 of the Code of Iowa defines cotton -bearing cottonwood trees and all other cotton -bearing poplar trees in cities as nuisances. The chapter provides that "Whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and a civil action by ordinary proceedings may be brought to enjoin and abate the same and to recover damages sustained on account thereof." Civil action may be brought under this Chapter to abate cottonwood trees as a nuisance. The party maintaining the cottonwood would be guilty of an aggravated misdemeanor and the court may order such nuisance abated and the tree could be removed at the expense of the defendant. Whether or not the City Council decides to repeal the cottonwood provision in the City ordinance seems irrelevant for the very exis- tence of the tree in the City is declared a nuisance under State law and could be enforced by any person adversely affected. t RE , City of Iowa City MEMORANDUM Date: May 1, 1985 To: City Council From: City Managersz. Z Re: Evaluation of City Manager The annual evaluation of the City Manager is scheduled for Monday, May 6. The provisions of Chapter 28A of the Code of Iowa permit a closed session "(t)o evaluate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session." In accordance, with the foregoing provisions, I do request a closed session. To assist you with the process, I have enclosed several evaluation fors. These forms, prepared for Iowa City and two other Iowa communities, will give you ideas for the discussion. Also provided is the most recent survey of city manager salaries and a summary of my current salary and benefits. If you have any questions, please give me a call. /sp 97a I NEAL G. BERLIN — April 1985 1. Base Salary, 1984 - $53,107.34 2. Deferred Compensation: 15.75% of salary - $6,518.25 (includes 10% of base salary plus City's equivalent share for IPERS substitute) (City Pension Contribution for other employees - 5.75% to 30.90%) 3. $1,000 in other insurance (life and disability) 4. Auto for City business. 5. Other benefits same as for other employees. 970 i Special Feature BCMA NEWSLETTER Supplement #1 February 18, 1985 Vol. 66, No. 4 1985 Managers' Salaries: Early Returns This Special Feature reports the preliminary returns from ICMA's survey of salaries as of January 1, 1985 of managers in ICMA-recognized ative of cities, chief administrficers of counties, and directors of councils of governments in the United States. At the time of publication 1,447 cities (525 of those surveyed), 346 counties (665), and 365 councils of governments (595) had reported salaries for their manager, administrator, or executive director. The responses are displayed in the following tables by population group and geographic region. The mean (average) salary for each group is provided as well as the first quartile, median, and third quartile (describing, respectively, the values below which one-fourth, one-half, and three- fourths of the items fall when the salaries are ordered by increasing size and divided into four equal parts.) Trends The average increases in annual salary for city managers and COG directors are greater than last year, while the increase for county administrators is less than last year. The mean salary for all city managers reporting (Table 1) rose 5.3$ for 1985 compared with an increase of 4.8$ for 1984, 6.5$ for 1983 and 9.o5 for 1982. County administrators' salaries increased 5.55 for 1985 compared with an increase of 6.55 for 1984, 5.7% for 1983 and 8.85 for 1982 (Table 2). The annual earnings of COG directors increased on average 5.75 for 1985 compared with a 4.15 increase for 1984, a 4.65 increase for 1983 and a 6.95 increase for 1982 (Table 3). Trends in salary increases for city managers vary among regions with greater increases this year in the Northeast and South, a smaller increase in the North Central region, and the same increase as last year in the West (Table 4). Managers in the Northeast fared the best, with a 6.95 average salary increase this year compared with a 4.55 increase last year, bringing their mean salary to $34,985. Managers in the North Central region, with a mean salary of $41,865, are earning 3.35 more this year compared with last year when their salaries rose 5.35. In the South salaries increased 6.65 compared with 5.35 last year, bringing the mean salary to $40,902. The mean salary for managers in the west, $52,233, remains the highest of all regions and represents a 5.25 increase, equalling the increase last year. The preliminary data highlighted in this Special Feature indicate that increases in salaries for 1985 kept pace with or exceeded the increase in the Consumer Price Index for All Urban Consumers (CPI -U) for calendar 1984 in all cases but that of city managers in the North Central region. The CPI -U, which measures the price change of a constant market basket of goods and services over time, increased 4.05 in 1984 compared with 3.85 in 1983 and 3.95 in 1982. i TABLE 1 CITY MANAGERS' SALARIES AS OF JANUARY 1, 19851 Population Group No. of Cities Reporting Mean 1st Quartile Median 3rd Quartile TOTAL, all cities 1,447 $ 42,742 $32,000 $ 41,475 $52,000 500,000 to 1,000,000 3 6 106,197 81,437 '•• 76,001 108'230 .78,610 84,751 250,000 to 499,999 100,000 to 249,999 42 70,299 61,614 71,783 64,433 78,133 70.000_ _sn 000 to 99 999 4 25x000 to 49,999 96 203 63 932 54,554 56 925 40,000 54,75 43,888 6n nnn ,000 49,686 10,000 to 24,999 411 44,767 36,266 39,887 30,793 35,866 40,776 5,000 to 9,999 2,500 to 4,999 348 223 31,006 25,931 30,000 24,000 35,000 28,588 Under 2,500 175 25,856 18,799 50,000 to 99,999 76 58 • The term "cities" used here refers also to boroughs, villages, towns by ICMA as and townships. providing for Salaries shown in this table are only for cities recognized 159 22,000 ' the council-manager form of government. 5,000 to 9,999 18 28,733 ■ TABLE 2 fCOUNTY CAO/MANAGERS' SALARIES AS OF JANUARY 1, 198510 I Population No. of Counties Reporting Mean 1st Quartile Median • 3rd Quartile Group I TOTAL, all counties 346 $42,838 $30,988 $39,200 $53,259 Over 1,000,000 7 84,294 71,213 63,700 89,013 71,848 90,500 80,000 500,000 to 1,000,000 44,000 28 56 274 57,560 66,700 250,000 to 499,999 � 100,000 to 249,999 64 50,931 41,640 35,345 53,259 40,750 59,415 46,915 50,000 to 99,999 76 58 40,957 33,540 28,175 33014 37,608 25,000 to 49,999 .10,000 to 24,999 73 31,789 159 22,000 30668 26,770 35,A6 32,670 5,000 to 9,999 18 28,733 ... ' 2,500 to 4,999 1 1 19,000 69,300 ••• ._. Under 2,500 **Salaries shown here are for all survey respondents indicating a position of county chief administrative officer. n 7 o ■ C TABLE 3 COUNCIL OF GOVERNMENTS DIRECTORS' SALARIES AS OF JANUARY 1, 1985 Population No. of COGS Reporting Mean 1st Quartile Median 3rd Quartile Group 65,000 7 51,893 TOTAL, all COGS 365 $35,705 $28,020 $34,600 $41,000 Over 1,000,000 30 53,291 44,862 39,000 39,250 51,550 45,988 66,591 48,353 500,000 to 1,000,000 250,000 to 499,999 27 72 39,997 35,175 40,060 45,000 100,000 to 249,999 130 63 33,383 28,395 28,500 24,000 33,166 27,000 38,205 31,915 50,000 to 99,999 25,000 to 49,999 29 26,599 21,025 27,000 30,253 10,000 to 24,999 8 26,803 17,000 28,620 33,737 5,000 to 9,999 1 5 28,243 40,008 ••• 27,723 38,500 • ' 39,260 Under 2,500 95 45,600 40,750 44,400 48,700 91 36,675 32,582 33,280 28,000 36,000 30,975 40,077 35,722 53 27 24,878 TABLE 4 24,780 26,52 70 t: CITY MANAGERS' SALARIES AS OF JANUARY 1, 19850 BY GEOGRAPHIC REGION§§ I, Region Population No. of Cities Reporting Mean 1st Quartile Median 3rd Quartile Group Northeast TOTAL, -all cities 100,000 to 249,999 50,000 to 99,999 25,000 to 49,999 10,000 to 24,999 5,000 to 9,999 2,500 to 4,999 Under 2,500 North Central 1 TOTAL, all cities 250,000 to 499,999 100,000 to 249,999 501000 to 99.999 25,000 to 49,999 10,000 to 24,999 5,000 to 9,999 2,500 to 4,999 Under 2,500 247 $34,985 $24,635 $33,000 $43,648 3 63,644 65,000 7 51,893 42,400 49,000 59,;45 24 50,529 45,657 50,249 52,724 80 42,019 35,143 40,681 46,200 68 31,348 26,295 29,795 35,296 36 23,446 20,000 22,966 ?5,000 29 18,524 12,155 18,693 22,843 341 $41,865 $33,491 $40,700 $49,971 1 5 77,219 62,939 59,442 61,218 61,812 19 50 59 392 53,755 52,999 47,100 57,000 53,416 64 408 59,906 95 45,600 40,750 44,400 48,700 91 36,675 32,582 33,280 28,000 36,000 30,975 40,077 35,722 53 27 24,878 21,933 24,780 26,52 70 TABLE 4 (continued) Region Population Group No. of Cities Reporting Mean 1st Quartile Median r 3rd Quartile South TOTAL, all cities 524 $ 40,902 $30,550 $39,844 $48,230 500,000 to 1,000,000 2 105,180 ... ... ... 250,000 to 499,999 4 83,600 75,001 84,751 89,502 100,000 to 249,999 17 70,263 60,863 72,065 75,900 50,000 to 99,999 27 62,384 56,222 62,700 67,584 25,000 to 49,999 59 52,210 45,829 52,286 58,453 10,000 to 24,999 157 43,012 37,790 43,000 47,490 5,000 to 91999 120 35,708 30,500 34,821 39,844 2,500 to 4,999 98 30,211 26,100 29,138 33,778 Under 2,500 40 23,251 18,500 20,565 27,504 West TOTAL, all cities 335 $ 52,233 $40,986 $51,564 $61,166 500,000 to 1,000,000 1 108,230 ... ... ... 250,000 to 499,999 1 77,000 ... ... 100,000 to 249,999 17 73,675 68,769 77,000 79,705 50,000 to 99,999 43 68,871 61,458 69,000 73,710 25,000 to 49,999 70 58,479 54,666 57,875 61,964 10,000 to 24,999 79 50,037 44,379 49,656 55,000 5,000 to 9,999 69 41,542 37,550 40,944 45,551 2,500 to 4,999 36 38,409 32,400 36,032 38,588 Under 2,500 19 42,284 28,963 38,000 56,207 0 The term "cities" used here refers also to boroughs, villages, towns, and townships. Salaries shown in this table are only for cities recognized by ICMA as providing for the council-manager form of government. •*These are U.S. Census Bureau regions. Northeast includes Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York Pennsylvania, Rhode Island, and Vermont. North Central included Illinois, Indiana,l.Iowa. Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. South includes Alabama, Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. West includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. This Special Feature was developed by ICMA's Data and Information Service. Members of ICHA can obtain a complimentary copy of "Salaries $35,000 and Over.for Local Government Managers" by sending a self-addressed mailing label to Ross Hoff at ICMA. An upcoming publication, Compensation 85: An Annual Report on Local uovernmenc nxeoucive Salaries and Fringe Benefits will contain more detailed information on salaries, including an individual salary listing of managers and selected department heads. It will also con- tain an extensive section on common and not -so -common fringe benefits of local government managers. See Supplement 02 to this Newsletter for more details on Compensation 85.....7 d This form is intended as appraisal of a supervisory PERSONAL EVALUATION FORM an CITY OF I01A CITY iand aid formulating employee's jobPermnceand pot potential responsibilities. erformance is divided into four general The following evaluation for management p ills and Abilities, c) Personal Performance headings: a) Management, b) Technical Sk and d) Comnunity and Intergovernmental Relations. The comments under these ieaingsn the contain one eTor two ford dedcbyplonger discriptions of tione oftcriteriato be ctosaid red in evaluating an employee. Comments should address the employee's current performance in his/her present position. Additional comments may suggest how an employee may improve performance in his/her present position. After completing the evaluation, a personal interview should be held with the individual who has been evaluated. l ions below provide a rating of the employees being evaluated. The scale and definit q Outstanding A select number merit this classification. They areeeager, performance exceeds that economically efficient, highly motivated and uiredl creative, fair, prudent, able to convey these characteristics to their subordinates. Meets e expectation of the rates. 3 Commendable - often exceeds expectation of job description. He/she is sons, responsive to change in the administration of ordinances and stabl as well handles himself/herself and his/her subordinates well during operation. as crisis periods. Is a responsible and dedicated leader of the city Pe 2 Satisfactory Meets and sometimes exceeds job descriptions and duties. He/She can handle almost anything that might develop and can be a very effective participant in decision-making Makes good use of tools available to him/her but occasionaly falls short of goal achievement. Potential. do what needs to be do area 1 Needs Improvement - Doesn't always done myihis/her find of responsibility. Lacks consistency in doing his/her jate hard to accomodate, wastes time and can't always coMI orcdirectionl�t ideas at the right time. Needs occasional sup satisfactory Consistently fails to do what is required of him/her. His/Her performance falls short a. Needs constant supervi 0 Unsatisfactory all the timesion or correction. Unable to make decisions on his/her awn or fallow directions. f70 j I GUIDELINES FOR PERFORMANCE EVALUKHON CITY MANAGER AND DEPARIMENT FMADS PERFORMANCE CITY OF IOWA CITY Employee: Position: Division/Dept.: Anniversary Date of Employment: Current Monthly Salary: Period Covered by Evaluation: This Evaluation is: Annual: Promotional: Probationary: Other: A. 1. na Human Resources 01234 vyMny ecte train and motivate employees to secure optimum results and cooperation from others. Does he/she develop and evaluate employees; handle grievances, affirmative action complaints; maintain discipline; monitor employees records, receive few complaints?) 01234 2, Or anizatto functions effectively; 1 J; to maintain control and manage all city ffered by the city.) Organize as well as maintain on-going Programs 01234 3. Sett Ob'ectives guidelines consistent with s e s e e to achieve goals by using MBO the present City and Council goals and priorities?) I t KA; -2- 4. Mana ing Information 01234 (ADIRly to communicate verbally and in writing in a concise understand- able manner, effective in informal talks and conducting meetings; comnuniciates with community groups and public; keeps staff informed.) i S. Decision Makin 01234 s e s e a e to assume responsibility for those decisions which are his/hers to perform and any alternatives which may be developed that affect proper administration of laws and ordinances? Are results measured against goals and if needed corrective steps to solve those problems?) i 6. Poli Makin 01234 e recognize the bounds of policy making, policy coercion, policy administration and enforcement caused by political interruptions? Does he/she comunicate policy decisions determined by Council to all other employees?) I i 7. Delegation of Authors 01234 (Ability to a ect ve y control events through proper delegation of authority and responsibility.) g %d , -3- 1. fm to gent Itc vl.ution 111234 egu utions or un ng porsoancl (Federal Regulations, Union Contracts, Affirmative Action, Civil Rights Acts) )mown and followed. Are the regulations know by the Council and staff?) 9. Accom lishments/Results 01234 i ity to work at a professional level comparable with past accomplish- ments/results or professional standards.) 10. Inter overmrental Activity01234 s e sie a e to wore with other local county, regional, state or federal governmental representatives in administering ordinances and appropriates to the City?) B. TECHNICAL SKILLS MID ABILITIES 1. Reporting Agenda 01234 s he/she able to provide accurate and complete reports that are readable and comprehensive? Are recommendations timely, fit into the agenda, provide possible solutions to problems which may arise?) ■ 1976 -4- o1234 s is/her budget accountable and realistic- Does it provide for d achieve 2, Bud et of these services and achieve ublic, adequate financing agencies? Is the city service to the P les rovided to the proper economic utilization of mon P et 01234 j with the times) nts in mana6et of cities? I. Kee 3n Current (Up abreast of new developme the existing e to stay be dealt i Are problems which may comdeeup cai of effort?) nth by usm6 ! system and not result in duplication 01234 o work able to serve as a model for 4• s t e Wlri of his/herb colleagues? continued accuracy and thoroughness and study Y pre the results up to current professional standards?) g anti (Work load) his/her work schedule.if needed his/her an s e s e able to adaptits tly high Productivity maintain a recorddcons schedule is amended?) I i t 01234 619 2 -5- C. 5- C. PERSONAL CRITERIA ON PERFORMANCE EVALUATION 01234 1. !ectivit re t e evelopment no biases of his/her ideas logical and professional, or commitments? Information used in his/her recommendation is based on i objective and factual material.) I � I 01234 2. Personal Attributes to change? Is s ie s e energetic, enthusiastic, cooperative willing Y•° he/she personally committed as well to the sound functioning of the Cit) F 4 1 i I 01234 i 3, professionalism s e s e e to execute the duties of his/her position in regards to educational background, the professional ethics of a manager/department head, and leadership?) D. CCf*UNITY RELATIONS 01234 1.. Citizen Interests and in a manner which i s e ,ye—Ere—to handle citizen complaints promptly is satisfactory to the citizen and the City?) k -6- 2. City Interest 01234 o, e s e -do rand the City, the Council, employees and their respective reputations to maintain integrity, trust and ability in the functions of the City government?) 3. Cit As An Ex le For Others 01234 e o er city governments We to look at the present operations and see how they can improve their own positions and services? Is the administrator able to provide imaginative and proper suggestions to professional consultant or associations [CMA]?) 4. Community Artivity 01234 es the manager department head get out and personally see what is going on to get a first-hand idea of what might be recommended or continued in departmental operations?) 11-76 p76 CITY ADMINISTRATOR PERFORMANCE EVALUATION FORM Name of Evaluator: Title of Evaluator: Please rate your Administrator on a numerical scale from (1) to (5). A rating of (1) would indicate that your Administrator does not meet your expectations in that particular role, (3) that he does meet your expectations to some degree, and (5) that he meets all of your expectations in that category. g ry. Pleaee make an effort to be completely honest about your feelings. The purpose of the evalu- ation is to improve communication between you and the Administrator, identify problems and address them objectively. Council Relations 1. Is the Administrator providing you with adequate information to make decisions? Are you provided with sufficient alternatives to avoid j being forced into a decision? ? 1 2 3 4 5 2. Is technical data and other information presented in an understandable ' manner? 1 2 3 4 5 3. Is the Administrator effectively communicating the Board's position in the public and the news media? 1 2 3 4 5 4. Is the Administrator able to recognize and deal effectively with the distinction between policy and administration? Is he too engaged in policy? Not enough? j Not enough . Policy Contribution — Too much 1 2 3 4 .5 5. How effective are the Administrator's lettere, memoranda, and other forms of written communication? 1 2 3 4 5 6. Does the Administrator respond in a positive way to suggestions and guidance from the City Council? 1 2 3 4 5 DEM A -2- 7. Is the Administrator familiar with your ideas,.policies, and objectives for the City? Is he translating your views adequately into specific programs? 1 2 3 4 5 g. Is the Administrator keeping you adequately informed? 1 2 3 4 5 9. Does the Administrator properly avoid politics and partisanship? 1 2 3 4 Administration 5 10. How well does the Administrator independently recognize problems, develop relevant facts, formulate alternative solutions and decide on the appro- priate conclusion? 1 2 3 4 5 11. Does the Administrator make the most effective use of available talent to get the work done? 1 2 3 4 5 12. Is the Administrator adequately developing the talents of the City employees? 1 2 3 4 5 13. Is the Administrator readily accepted as a leader? 1 2 3 4 5 14. Does the Administrator motivate, direct and adequately control the work of City employees? Is he respected as demanding, but fair? 1 2 3 4 5 15. Is the Administrator effectively representing your viewpoints in collective bargaining with employee unions? Are his labor relations adequate? 1 2 3 4 5 16. Does the Administrator meet time estimates? 1 2 3 4 5 17. Have you been satisfied with the Administrator's budget recommendations? 1 2 3 4 5 F 0 -3- 18. Does the Administrator work on everyday matters so that there are few crises situations or does he seem to work only after a crises has arisen? 1 2 3 4 5 19. Are the Administrator's budget recommendations prepared with adequate input from the City Council as to desired goals and objectives? 1 2 3 4 5 20. Does the Administrator readily assume responsibility? 1 2 3 4 5 21. Does the Administrator work effectively with other federal, state and local government officials? 1 2 3 4 5 22. Is the Administrator completing assigned work and getting satisfactory results? 1 2 3 4 5 Personal Characteristics I 23. Does the Administrator show an honest interest in the community? 1 2 3 4 5 24. Can the Administrator be depended upon for sustained and productive work? 1 2 3 4 5 25. Does the Administrator show imagination and originality in approaching problems? 1 2 3 4 5 26. What is the general attitude of the community toward this Man? iIs he regarded as a person of high integrity and ability? 1 2 3 4 5 27. Is the Administrator objective and unbiased? Does he take a rational and j impersonal viewpoint based upon facts and qualified opinions? 1 2 3 4 5 FIN -4- 28. Does the Administrator have the courage of his convictions? is he firm when convinced, but willing to adapt? 1 2 3 4 5 29. What is the nature of his general attitude? is he friendly, enthusiastic and cooperative? 1 2 3 4 5 Overall Evaluation I All things considered, please rate the overall performance of your Administrator: Less than Satisfactory: Satisfactory: m { Excellent: "y Outstanding: COVIEKS: i _ I Signature of Evaluator Date Signature of Administrator Date CITY OF DUBUQUE, IOWA CITY MANAGER EVALUATION PART I EVALUATION OF EMPLOYEE'S PAST PERFORMANCE Each of the Performance Standards should be rated according to the following categories. 1. Below Expectations is that level of performance which consistently falls below the requirements of the job and improvement is indicated. It does not mean that every aspect of the employee's performance is below adequate standards but that, in general, the employee doesn't meet minimum expectations and requirements. 2. Meets Expectations is that level of performance which is considered adequate to meet the requirements of the job. Some day-to-day variation is to be expected and may range, on occassion, from poor to very good. For the most part, however, meets ex- pectations represents satisfactory performance which would be neither consistently below nor superior to what is necessary to do the job. 3. Exceeds Expectations is reserved for the employee who consistently surpasses stan- dards 5 adequate performance. Individuals who consistently do a good job should be rated meets expectations, not exceeds expectations. An occassional instance of superior performance is not sufficient justification for an exceeds expectations rating. Exceeds expectations performance requires that the employee has consistently exceeded the supervisor's expectations for adequate or meets expectations performance. PERFORMANCE STANDARDS 1. Dedication and Commitment (Professional Attitude) EXPECTATIONS IMITATIONS I EXPECTATIONS Positive attitude; self -motivating, self-confident, willingness and commitment to make extra effort to get job/task done in quality manner; professional and personal integrity; emotional stability; willingness to take initiative; receptive to new ideas and changes; dedication to City and citizens, concern for public image of City; support City Council decisions; keep City Council informed on problems, progress and issues; support staff and the City Council; provide open and honest feedback in an appropriate time and manner; handles confidential information dependably; maturity in relations with others; prepares quality products; professional behavior and profes- sional development; willingness to seek personal growth and development; take consis- tent position with different audiences; adherence to high professional ethical standards; execute City Council goals and objectives. Strengths, Weaknesses and Comments EXPECTATIONS EXPECTATIONS EXPECTATIONS 2. Technical Knowledqe and Use General overall knowledge of City operations and responsibilities (emphasis on link- ing policy into operation); ability to integrate and implement technical and managerial knowledge within available resources; willing and able to learn; keeps current on professional issues, trends, techniques and methods of operation; keeps current on legislation, funding opportunities and regulations; administrative know- ledge (budget, personnel and purchasing rules and regulations); knowledge of City Code and other policies governing City operations; keeps City Council advised on new and impending legislation and developments in public policy. Strengths, Weaknesses and Comments EXPECTATIONS EXPECTATIONS EXPECTATIONS 3. Leadership Ability to organize, mobilize, influence, persuade and motivate people to accomplish tasks; self-confident; willingness to take responsibility and make appropriate de- cisions; exhibits appropriate judgement; willingness to take acceptable risks (to f show courage); shares ownership of successess and failures; politically sensitive; sets example for others; ability to conceptualize needs of City; ability to organize programs to increase efficiency and effectiveness; long-term planning; recognition of potential problem areas. Strengths Weaknesses and Comments EXPECTATIONS EXPECTATIONS EXPECTATIONS 4. Interpersonal Relations Sensitivity to people or groups (impact on people, feelings, understand needs, wants); consistent in dealing with people; ability to work with people, groups and/or teams; establishes and maintains trust relationships with City Council and subordinates; maintains integrity and honesty in personal relationships; ability to effectively handle conflicts; shows tact and diplomacy; ability to activate effective interper- sonal relationships in others; ability to discipline and accept it; ability to accept feedback and act on concerns; minimize personal biases; maintains availability to City Council. Strengths Weaknesses and Comments -2- M 5. Communications E%PECTATIOIIS E%PECTATIOHS E%PECTATIO'12 Ability and willingness to communicate (express to others) and listen (receive from others) to what is being said; ability to write in an understandable, accurate, con- cise, complete, timely and positive manner, ability to speak in an understandable, accurate, concise, complete, timely and positive manner; ability to communicate with different groups, citizens, agencies, departments, subordinates, peers and superiors; provides appropriate communications - upward, downward, lateral; keeps City Council informed; ability to read and understand; agenda preparation; verbal presentations to City Council and public; effective communication of City Council's position to public; provides City Council with adequate information to make decisions. Strengths, Weaknesses and Comments E%PECTATI005 E%DECTATIOt15 E%�CTATIOmS 6. Problem Solving (Issue Resolution) and Decision Making Ability to anticipate problems; ability to identify problems, issues and concerns, ability to analyze problems (to honestly identify and assess alternatives); ability to develop and recommend creative, innovative solutions and implement and refine such solutions; resolves problems at lowest possible level (take responsibility for de- cisions); gets affected parties involved in problem solving; ability to perform com- pleted staff work; ability to reach timely decisions and initiate action, but not be compulsive; flexibility and receptiveness to suggestions; ability to resolve problems under strained and unpleasant conditions. Strengths, Weaknesses and Comments -3- O EXPECTATIOtlS E%PECTATIONS EXPECTATIONS 7. Management and Administration Capability Establishes goals and objectives; anticipates needs and opportunities; uses good judgement (common sense); uses time wisely; ability to develop skills of staff (workforce in City); ability to effectively delegate and make assignments with appropriate authority; ability to schedule and organize work; ability to monitor and evaluate performance (organization and individual); meets deadlines; understands union contract administration; effective utilization of resources; supports and carries out decisions; initiates research and development activities. Strengths, Weaknesses and Comments 8. External Relations E%PECTATIot15 E%PECTATIONS EXPECTATIONS Ability to effectively handle citizen complaints, inquiries and contacts; provides assistance to citizens and community groups; educates public on City problems, programs and operations; projects positive City image; maintains contact/liaison with community groups; maintains effective working relations with boards and commis- sions; assists in maintaining effective intergovernmental relations; ability to represent City to news media; insures an attitude and feeling of helpfulness, courtesy and sensitivity to public perception exists in employees coming in contact with the public. Strengths. Weaknesses and Comments -4- i EXPECTAT 10115 EXPECTATIOIIS EXPECTATIONS g. Management of Human Resources Ability in handling grievances; develops and evaluates subordinates; affirmative action compliance; develops team work and coordinates among departments and sub- ordinates; develops and maintains equitable personnel system; maintains respect with subordinates; effective hiring of staff. Strengths Weaknesses and Comments E%PECTATI0115 E%PECTATI0115 E%PECTATIONS 10. Management of Finance Resources Plans and organizes the preparation of the annual budget document, conforming to City Council guidelines; execution and monitoring of budget; concern for pro- ductivity; maintains cost effective manpower utilization; develops capital im- provement program; ability to obtain appropriate grants; maintains fiscal integrity of the City; plans and organizes systems for reporting revenue and expenditure data to the City Council. Strenqths Weaknesses and Comments -5- • 50 PART II EVALUATION OF ACCOMPLISHMENT OF OBJECTIVES This Section is intended to compare the objectives agreed upon in the previous evalu- ation with actual accomplishments. Since there has been no previous evaluation to establish objectives this Section will be modified slightly. Identify below the three most significant accomplishments of the City Manager during FY 1985. Then identify the three most significant non -accomplishments of the City Manager for FY 1985. Accomplishments 1. f 2. 1 I 1 1I 1 1 PART III THE ESTABLISHMENT OF FUTURE OBJECTIVES This section establishes the objectives to be accomplished during the next evaluation period (in this case the next evaluation period is FY 1985 to be done during June 1985). 1-11 L tL Ll l..J ..L--- PART IV DEVELOPMENT NEEDS This section should describe as completely as possible, based upon the evaluation of individual and unit performance, the main areas in need of improvement. PART V ACTION PLAN This section should identify specific steps to be taken to satisfy development needs and to clarify roles, issues and concerns. Steps should be specific for City Manager and City Council. Steps for the City Council 1. Steps for the City Manager 1. 10 City of Iowa City MEMORANDUM Date: May 2, 1985 To: City Council From: City Clerk Re: Evaluation The City Clerk and City Manager evaluations are scheduled for May 6th. I am enclosing a recent study done by the International Institute of Municipal Clerks re Municipal Clerks' Salaries and Responsibilities. A number of you have also requested information relating to benefits. I am enclosing a copy of my employment agreement. Vacation time is accrued at 1-1/4 days per month. A maximum of 192 hours (24 days) may be carried over from one year to another. Sick leave accumulates one day of sick leave for every month worked up to a maximum of 180 days or 1,440 hours. Payout value will be frozen June 28th. bc4 87/ i 160 North Altadena hire, lbdeea. Cal. 91107 MUNICIPAL CLERKS' SALARIES & RESPONSIBILITIES This technical bulletin is based on information provided by IIMC members on a questionnaire mailed to them at the end of 1984. By January 1985, IIMC headquarters had received questionmires with information from 4,474 IIMC members, a very excellent 6417a response. The total group includes 4,058 from the United States, 377 from Canada, 25 from Australia, 10 from New Zealand, 2 from Great Britain and 2 from Israel. The distribution of responses is well balanced, with at least 569 of the IIMC members responding in each of the ten IIMC regions, (Region VI wins the honors with a 74% responsel) and at least 40% response from every state and province. Individual honors go to Hawaii, Great Britain, and the North West Territory for 1005a response from thew small but dedicated membership. Other states and provinces with outstanding response Include Nevada (84% Iowa (799a), Manitoba (779x), and Nebraska (75%). The broad consistent response provides the base for a significant analysis of salaries and responsibilities. A person can use the in- formation in this technical bulletin with sonic confidence bemuse every average represents Information Nom a significant number of individuals. In this technical bulletin, each figure summarizes information from about 50 municipal clerks. No figure is based on leu than five responses. Analysis of this bank of data will also be used to provide Input to IIMC's education, institute, planning, and conference programs, as well as for Individual Salary Profiles. THE MUNICIPAL CLERK'S AVERAGE SALARY The full time municipal clerk in the United States earns an average annual salary of 522,686. Half of the U.S. clerks earn be. tween 516,000 and 526,000 annually; and municipal clerks in some very large metropolitan centers reported salaries above 560,000. In Canada, the full-time municipal clerks reponed an avenge an- nual salary of 536,601 CN. One quarter of the Canadian clerks earn less than 527,000 CN and one quarter more than 544,000 CN. In the loge Canadian centers, the highest salaries reported were in the 570,000 CN range. Over the past three years, the average salary increase for all municipal clerks was close to 6% per year. This 6% average salary increase was consistent in every population group in the United States, but in Canada it was not ro even. Canadian clerks aver- aged a 448 salary Increase in municipalities with 5,000 — 9,000 residents and almost 911a average salary increase in those with 10,000 — 19,999. The analysis of the data shows that at least six factors affect the municipal dark's salary In both the United States and Canada: • size of municipality; • professional education; • regional cost of living; • administrative responsibility; • years of service as clerk; • and gender. (Continued on page 2) o7/ i UNITED STATES $71.777 $71.440 CYCa*", iced Mauer 501000 FULL-TIME Ilahelan z CLERKS Aso" 0 F H Salary — Professional Achievement W 577.692 a i IIMC V $26,255 g 375,810 S25.560 BKnlon Zcut GaC atom` a25,0D0 t ASraraa W Q GdifN a $77.753 Snb ` 522,015 522.235 f22.2r1 at ""'I Ieanlbn Anenaea Sarna F Ciak1 921,000 Clara Insioull No as Infinull De9rN Numaar In aroue 1,017 1,778 252 907 774 W 257 S31 131 157 150 o7/ i 0 Z su.aao CANADIAN FULL CLERKS $45.291 Z Salary — Professional Achievement H1.666 CNC cucJMd Bamews $39.9" + Deans 2 w f4o,000 939.096 a LYC C $37.577 $37.607 fu cause Cd harura BanNbn pens < $35.256 $55.161 335.878, 0earw Maws = 935,000 fpeamle IlnOon Z � mens C.N.A. Leurs4 p InslxNe $31.727 Q ANenaa C.N.A. Numbw In amuY 18 u 81 22 136 48 67 W 14 13 Not all of these are independent variables, of course, but the analysis shows that in every region and in each subgroup in which there was a sufficient response each of these factors has a signifi- cant effect on salary. PROFESSIONAL EDUCATION At the beginning of 1985, 1,621 IIMC members active in the pro- fession were Certified Municipal Clerks (CMC's), and 167 per- sons were membra of the IIMC Academy for Advanced Edna - lion. Of this group, approximately 70%i of the CMC's and 80%s of the Academy members responded to the salary and respon- sibilities survey. All of the Academy members in Region III responded. Professional training has a strong effect on the municipal clerk's average salary. Municipal clerks with CMC have higher average salaries than those without CMC in every region, in municipa8des of every size, and among both men and women. In the U.S., average salary for person with CMC is 64,000 higher than for those without CMC. In Canada, average CMC salary is 54,800 higher. Membership in the IIMC Academy also hes a clearly beneficial effect on average salary in the United Star=. Canadian Academy members now number only five, so their response is not yet statistically significant, but the average salary of this small group is beyond the top of the chart. A substantial number of municipal clerks reported holding col- lege degrees: 15 doctorate (mostly in law); 187 masters (most often in public administration); and 642 bachelors (most often in public administration, government, or business administration, with a wide variety of majors in social sciences, liberal arts, and technology). About 2011; of the respondents repotted having bachelors degree or higher (I8% in Canada, 2191a In the U.S.). fairly evenly distributed among municipalities above 1,250 population. The effect of a college or university degree on salary in Canada is very slight (201@ to 30h higher average salaries), but In the United States, clerks with bachelors degrees cam at least 1011s higher average salary In every population group, and close to 2594 higher ralarf= in municipalities with 2,500 to 9,999 population The graphs on pages one and two show that wary atop up- ward In formal or professional education Is accompanied by a stop upward In average salary, particularly those steps that culminated a planned course of training. eA SALARY AND REGION Municipal clerks in North America can more in metropolitan areas and in areas where the cost of living is higher — generally In the west. Average salaries analyzed by geographic region in the table on page 3 show the influence of regional cost of living in the United States. In previous salary surveys, there have been distinct differences in salary by geographic area in Canada also. Information in 1985, however, shows only slightly higher average salaries in the west, with population of municipality, rather than geography, having the major effect on salary of the municipal clerk in Canada (See printouts by province on pages 15 - 16 for details.) In Australia and New Zealand population of municipality served also has the major effect on average salary. The average salary reported In Australia was $47,572 AU, with salaries In municipalities under 10,000 population averaging S30,500 AU and in larger municipalities averaging $54,050 AU. In New Zealand, the average salary reported was $32,859 NZ, with those serving municipalities below and above 10,000 population earning approximately 527,000 NZ and S35,000 NZ respectively. Note: Throughout this bulletin, dollars arc used as reported by /be 11MC members — not converted into any common base — and not averaged across incompatible bases. IIMC REGIONS X 87,E , YEARS AS MUNICIPAL CLERK The municipal clerk is known in local government for providing continuity in government through long years of personal service. Many respondents to the 1985 survey have served their com- munities for more than 30 years. Four persons reported having served forty years or more as municipal clerk: Michael Niuumi, City Secretary of Afula, Israel, for 40 yeas; Charles N. Haven, CMC, Clerk/Treasurer of Forrest City, Arkansas, for 50 years; George W. Cushman, CMC, Town Clerk of Kingston, Massachu. setts, for 51 yeas; and Charles H.J. Delany, Village Clerk of Lannon, Wisconsin, for 55 years. The average yeas of service reported in all countries was about eight years, but there me some variations. No Canadian clerk reported more than 36 yeas of service, whereas 13 in the United States have served over 36 years. As was reported in the 1982 survey and confcmted by the 1985 data, male clerks serve significantly longer (average 1014 years) than female clerks (average 71/1 years). AVEML YIIer 01 "I aaa,nPAL Cln,e arruasoraawcr a.a raLL CLmFa As the than above clearly demonstrates, average salaries of U.S. clerks increase as service and expertise increase, until salaries level off after 26 years of service. Salaries of Canadian clerks are af- fected less clearly by years of service. They increase from an average of $34,000 for less that two years of service to 541,530 for over 20 years of service. SALARY AND MUNICIPAL POPULATION In larger cities the municipal clerk's average salary is higher than it b in smaller municipalities. This is we in each of the ten IIMC regions and in every IIMC salary survey and is confirmed by the 1985 data. Size of an akdpality smed is a major factor affecting tke uaalcipal dark'& Mary. The table below summarizes the average salary for municipal clerks in seven population groups for each IIMC region. This h the most statistically stable table in this technical bulletin, as each of these figures includes the avenge of about 60 municipal clerks' salaries. Only figures in parentheses show the average of len than 20 municipalities. 3 MUNICIPAL CLERKS' AVERAGE ANNUAL SALARY BY IIMC REGION & MUNICIPAL POPULATION POPULATION POPULATION POPULATION POPULATION POPULATION POPULATION POPULATION IIMC UNDER 1,280- 2.500- 8,000- to,=- 20,000- 50,000 TOTAL REGION 11250 2,411 4,215 01019 10,111 41.911 + REGION 1 (13,354) $16,283 $18,683 $19,507 $21,953 $27,196 $32,802 $22,144 II (15,891) 17,265 20,637 25,462 25,408 28,609 35,601 $24,911 111 13,391 17,687 18,476 22,017 24,227 29,892 32,689 $21,816 IV 12,937 14,884 19,616 21,443 23,851 26,683 32,866 $21,866 V 12,514. 14,945 18,524 19,821 22,068 25,786 32,554 $21,053 VI 13,588 18,592 23,608 24,298 26,701 29,425 34,195 $21,517 VII 12,915 15,943 17,594. 21,245 23,946 24,958 (31,483) $20,317 Vill 14,959 18,021 20,671 22,983 27,964 30,335 34,937 $21,606 IX 20,401 22,723 26,514 28,401 29,434 31,919 38,475 $29,377 U.S. TOTAL $14,543 $17,522 $20,368 $22,582 $24,459 $28,408 $34,533 S22,686 US X CANADA $22,601 $29,478 $32,432 $36,711 $42,560 $44,780 $52,385 $36,601 CN ( ) Less than 2O munlUpaldles reporting 3 MUNICIPAL CLERKS RESPONSIBILITIES PERCENT REPORTING EACH DUTY BY REGION RESPOBSiBILITT iIMC RE610M CENTRAL SERVICES Develop Agenda content Prepare Agenda Pickett lord processing (cent) Data processing (cent) Purchasing (central) Personnel administration Grants administration Mail and esitmger Other central services RECORDS MANAGEMENT All municipal records AN records ac police/fire Minutes Wear ordinances, bylaw Vital statistics Archives, records dleposal Microfilming Land records, plats, easements Other records management ELECTIONS Conduct Federal elections Conduct state/prov elections Conduct municipal elections Conduct special elKtieng Tabulate election returns Maintain voter registrations Train elation tankers Elation budget and/or payroll Other elections responsibility The most consistently indicated responsibilities include maintain. ins the Minutes (94%) and Ordinances (929x); Municipal records (88% responsible for all municipal records, or all but police and fire); Legal notices (also 889a), and the Agenda (859e responsible for the content, format, or both). Municipal elections ate within the municipal clerks area of responsibility in parts of most sellers, but responsibility for federal elections is a major clerk's responsibility only In states in the northeast quarter of the U.S. (Regions 1, 11, V, and VI). Almost All (over 90%) of the respondents in WILD, MAN, N.1) S.D., IA, LA, MS, and AL are responsible for all municipal finances, and in 34 other states and provinces over half of the full. I time clerks have major finance responsibilities. (See the printouts by state and province following for more detail.) i II Iii IV V VI VII V111 11 1 ALL 441 861 '732 711 71% 69I 731 in 801 93I 772 461 902 73% 782 75t 892 75I Bit 861 931 79t 92 182 23t 112 181 252 23% 29% 31I 331 231 15t 121 222 24Z 212 31% 31% 27% lei 261 23% 22Z 391 47Z 441 41% 331 472 511 321 49% 43t 272 471 491 50% 42I 592 482 Sot 371 697 487 16% 20% 3S 351 23t 411 312 441 NS 67Z 37Z 41Z 622 651 57Z 59% 79Z 712 75% 491 802 641 8% 7% 61 It Ili 5% 71 71 122 9% 81 331 342 451 471 402 421 321 423 351 511 412 411 471 NI 42Z 46% Sit 601 SE 48t 331 Kt 831 91Z 94t 961 941 AZ 96Z 971 96Z 911 94Z 88t 97I 901 93t 92% 931 931 941 931 6YZ M 861 42Z 281 26I M 32Z 46Z 241 141 Sit Slit 811 722 51I 421 771 at 621 6R 711 661 N1 391 14% 201 121 111 It ISI 19% m 25I 1n SIS 31Z 50% 111 421 537 Sat 501 MZ 501 481 91 5Z 31 62 31 22 4t 4t 7Z SZ S 677 NZ It OS 471 603 11 2I 3Z IZ 23Z 652 422 21 OZ 462 607 12 31 3Z It 23Z 871 701 74Z 711 543 701 25Z 65Z 64Z 9Z1 681 447 31% St BZ 32Z 39t It 21% 101 13Z 21% 6Bt 531 33Z 2BZ 391 577 57 36% 301 801 447 397 341 222 IBt SIS 367 24Z 237 13Z 5R SSI 6t7 121 21Z 29t 45Z 56% n 4OI 2a m 38t 647 39t 457 Oft Sol 63Z 4t 50% 432 76t 491 61 St SZ 211 21 ZZ 97 22 151 1t It E UMC analyzed municipal clerk's salaries in depth in relation to each of llrtfic he ities. After coIn«a�of computer output on tsubject,teconulocabe ten pr ed in ten words: "Salary does not vary in relation to any one responsibility." For example, the "best paid" responsibility appears to be Micro- filming; the "worst paid" Issuing Building PersNts. But munici• Pal clerks do microfilming in cities which are twice the average size; and building permits are issued by clerks In the smallest group of communities. The entire apparent salary difference for each responsibility is only a reflection of the fact that salaries are higher In larger municipalities. , Microfilming is a responsibility for municipal clerks in U.S. and Canadian municipalities averaging 56,000 and 71,000 population 971 FINANCE ZINC REGION 1 11 111 IV V V1 "I VIII It I ALL munic All Municipal bd et process budget precast tilling 271 281 62% 621 701 792 571 671 351 671 54S I b receiving payments 37S 501 601 791 532 822 6R 677 42I 672 501 Accounting IIIcollec 361 281 422 291 621 791 64% 631 591 3n 841 02% 731 721 412 601 601 Tess cissuesfen Bond (swat 291 151 461 461 291 2811 in 211 701 201 351 161 602 561 56I 311 Ifunicipal payroll 302 381 401 491 IIS 741 511 552 311 301 441 Investments 201 362 631 65% 592 821 691 731 391 621 581 Other finance responsibility 211 261 Sn 731 431 761 59S 631 201 55% 491 51 32 51 41 51 61 4S 41 41 4Z 51 LICENSING -AND PERMITS badness Liquor and/or bear 591 NI 722 542 461 561 651 702 461 562 772 ow and/or Infesl mei 661 411 581 302 97S MS 921 191 101 53% tltcreetten r booty bike 0% 4n 22% 371 271 652 621 6n 28S 691 sot Building permits ite 721 222 1311 111 121 141 311 222 61 241 231 Nerrlagt est 171 471 531 322 651 582 611 24t SK NI Lottery, Unto, riffle 791 411 361 dH 41 01 R 211 It it 21 261 1St untag Other licensee or peratts bat 261 41 441 St 431 21 311 211 391 n s0t 151 4n 161 261 sill 591 231 431 fit 161 1t 91 111 6% 91 n 115 71 lot COMMUNITY RELATIONS Politic Information officer Citizen information 631 651 531 471 SSS 69S 62S 612 491 6511 SSS Citizen tires es 671 761 731 591 69% NI 761 6R 741 63t 71% lead notrelices 161 221 301 23% 211 321 2011 22Z 321 251 231 Press ane III 931 let NS 921 93% 101 141 911 722 881 Cable T.V.T.V, research library 461 In 561 281 401 231 47Z 15% 491 211 66% 261 511 ISS 481 in 471 lsi 501 9t 522 191 knicipal annual report 171 451 192 251 181 lit 112 111 131 151 231 181 161 Other cal Other artnity relations 31 31 33Z 312 MS 711 311 SOt 301 39% 4111 61 21 31 31 n It 411 41 31 AVERAGE NUMBER OF RESPONSIBILITIES 23 22 21 21 21 20 21 24 18 26 23 respectively. Responsibility for the municipal reference library is stmiluly a large city function In all regions. ResponsibWtia common to the municipal clerk in smaller com. munfda (average population 7,000) include building permits in all regions, most finance functions (except In Region VII), and centralized purchasing, personnel administration, and grants ad. ministration in most of the U.S. Municipal clerks are often responsible for vast numbers of licensa. In addition to the licenses and permits summarized in the table, Bcenscs mentioned most often involved door-to-door sales (Peddlers, Itinerant Vendors and Solicitors), Auctioneers, vats. ons construction trades Iicenscs, and taxis/driven. Passports are issued by clerks on both coasts. There was an increase in licensing 9 of burglar alarms and going -out -of -business sales in all areas, and control of handicapped parking permits is also on the increase as a clerk's function. ities or The simlar tothosefor other full-timetudied in this In municipalities bulletin tof the same size. Part-time clerks and new clerks share these respon. sibilities In about the same proportion. Many a deputy specializes In one of the functions lined, but overall their responsibilities reflect the same pattem as full clerks from large cities. Less of the overseas clerks are responsible for bond Issues, but, other than that, they described essentially the same set of responsibilities as Canadian and U.S. Clerk/Administrators, S// EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of. April 1983 by and between the City of Iowa City, State of Iowa, a municipal corporation, hereinafter called the "City," as party of the first part, and Marian Karr, hereinafter called "Employee," as party of the second part, both whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ Marian Karr as City Clerk of the City of Iowa City, as provided by Ordinance and Charter provisions of said City; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set working conditions for said Employee; and WHEREAS, Employee desires to accept employment as City Clerk of said City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Duties. City hereby agrees to employ said Marian Karr as City Clerk of said City to perform the functions and duties of such office and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign and Marian Karr agrees to serve as City Clerk. Section 2. Termination of Agreement. A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the City. Section 3. Salary. * A. City agrees to pay Employee for her services rendered pursuant hereto an annual base salary of $20,696.00 payable in installments at the same time as other employees of the City are paid. B. In addition, City agrees to further review Employee's salary and benefits no later than July 2, 1983, at which time Employee's salary will be increased seven percent. C. Employee will be eligible to receive annual across the board salary increases and merit increases effective the first pay period in July of each fiscal year in an amount equal to that appropriated by the City Council for Administrative employees. Employee will also be * Current salary $24,148.80 F71 N eligible to receive bonuses for superior performances as awarded by the City Council. Section 4. Employee Benefits. A. Employee will receive the same employee benefits as Administrative employees, including but not limited to: i 1. Employee and dependent group medical coverage. 2. Long-term disability coverage (effective July 1, 1983). 3. Life insurance coverage. 4. Inclusion in the normal City retirement system. S. Sick leave accrual, and payout upon resignation or retirement. 6. Vacation accrual, and payout upon resignation, retirement or termination. 7. Paid holidays and personal day. 8. • Longevity pay. 9. Eligiblity for participation in deferred compensation. i 10. Pregnancy leave, funeral leave, voting time and jury duty compensation. B. Employee will be furnished with a temporary parking permit, from time to time, when required to drive to work to attend after hours meetings, attendance at which is required by the City Council. C. All provisions of the City Charter and Code, and regulations and rules of City related to vacation and sick leave, retirement and pension ,system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of City, except as herein provided. Section 5. Hours of Work. In recognition of the fact that the job responsibilities of the Employee may require that the Employee work more than the normal work week, compensatory time off from work may be taken during normal office hours, as appropriate. Section 6. Dues, Subscriptions, Professional Development. A. City agrees to budget and pay the professional dues and subscriptions of Employee necessary for her continuation and full participation in t national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the City. 87/ 3 B. City hereby agrees to budget and to pay travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee. C. City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for her professional development, and for the good of the City. Section 7. Other Terms and Conditions of Employment. A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, City Charter, or any other law. Section 8. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall become effective commencing April 12, 1983. C. If any provision, or any portion thereof, contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS THEREOF, the City of Iowa City, Iowa, has caused this agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. IOWA CITY, 16WA BY: MAAIII r AbIIla 1149,4 Mayor a . By: city Clerk /dw City of Iowa City MEMORANDUM Date: May 2, 1985 To: City Council From: Karin Franklin, Senior Planner Re: Council Referral to Planning and Zoning - Sign Ordinance Amendment In response to the attached memo, the Planning and Zoning Commission unanimously agreed at their meeting of April 19, 1985, to not address the issue based on the consensus that the determination of sign area was adequately discussed previously and that there was not substantial justification for the change suggested. tp4/8 'V-2- City of Iowa City MEMORANDUM Date: April 12, 1985 To: Planning and Zoning Commission From: Karin Franklin, Senior Planner Re: Council Referral - Sign Ordinance Amendment During adoption of the Sign Ordinance the City Council referred back to the Commission the question of whether in the computation of sign area for free standing signs, the space between two signs' on a single support should be included in the sign area or not. This referral is a response to a comment received from a representative of the Chamber of Commerce expressing concern that some businesses would like the option of providing a reader board or directional sign on the same stand as the primary free-standing sign, and that the sign area computation as currently written is prohibitive in terms of the physical area constrictions and the permit fee that is charged. The following amendment provides for two signs or cabinets on the same sign support at the maximum allowable square footage permitted in the zone without the area between the signs or cabinets being included in the sign area computation. Section 36-63(a)(3) ...when multiple sign faces are attached to a single sign support, signs. However,n of 1ethe9totalesignall areaoof alllude f ceshshalacbetween notexceed the total sign area allowed in the zone... This amendment is not a staff recommendation but is for discussion purposes only. If the Commission wishes to pursue this amendment, an ordinance will be developed for your next meeting in May. tp5/1 S7'Z I City of Iowa City MEMORANDUM Date: May 1, 1985 To: Charles Schmadeke, Director of Public Works From: James Brachtel; Traffic Engineer Re: Speed on Iowa Highway ql West of its Intersection with U.S. Highways 6 and 218 In the fall of 1984, the City Council requested that a speed study be conducted along Iowa Highway B1 in the southwestern portion of town. The Iowa Department of Transportation is the agency with responsibility for speed limits along this facility. It was requested that the Iowa Department of Transportation perform a speed study along Highway 1, particularly in the area of Sunset Avenue, to determine if a reduced speed limit from 55 to 45 miles per hour would be appropriate. The Iowa Department of Transportation has now completed their study and reports that the current speed limit in the Sunset area is appropriate at its currently signed 55 miles per hour. In addition, their studies indicate that the 30 miles per hour speed zone from Miller Avenue to U.S. Highway 218 is a bit low. The Iowa DOT has suggested that a 35 miles per hour zone would be more appropriate for this area and would be provide a smoother transition between the 45 miles per hour zone west of Miller Avenue and east of U.S. 218. The Iowa DOT will not increase the speed limit from 30 mph to 35 mph unless Council concurs with this increase. Should you have any questions or require additional information, please don't hesitate to contact me. bj2/11 g73 City of Iowa City MEMORANDUM DATE: April 29, 1985 Tp: Neal Berlin, City Manager FROM: Lyle Seydel, Housing Coordinator JW RE: Purchase of three-bedroom Public Housing units For your information and to distribute to Council at the Monday informal session. An Offer to Purchase has been submitted to and accepted by owners for units at the following locations: Owner Name Property Address Offered Price Robert Dardenne and Barbara O'Reilley 602 First Avenue $50,300 Ruth J. Davis 1215 Louise Street 2308 Lakeside Drive 46,750 53,000 Steven & Karen Dawson Gregory & Julie Johnson 1417 Franklin 48,500 Pat Moore Construction, Co. 3300 ton St. 3302 Washington St. 3310 Washington St. 3312 Washington St. 220,000 Richard & Rijn Templeton 328 Douglas Court 41,000 56,000 Sharon Walter 1316 Dover LGS:mth S75r- !D .1 3300 - 3312 Rear view fa Oft WEI ILI Pp7pp-A aw,w"`ri' 602 First Ave. 4 12-85 06 _ Front view facing Last 328 Douglas Ct. 4-12- 85 B 7 Front view facing North 328 Douglas Ct. 4-12-85 117 I ' I Rear view facing South 1215 Louise 4-12-85 Front view facing West 0 10 I City of Iowa City MEMORANDUM Date: May 2, 1985 To: City Council From: Joe Fowler, Parking Systems Supervisor-j'_— Re: upervisor Re: Preventive Maintenance to Parking Ramps During the next twelve months the warranties covering the concrete sealer in both the Capitol and Dubuque Street parking ramps will expire. Sealers should be reapplied at intervals of 2-5 years, depending upon the amount of traffic on the surface. We have not yet reapplied any sealers to avoid conflicts with the warranties covering the original applications. Prior to resealing the parking ramps, a study must be completed of the existing conditions of all the deck surfaces in both ramps. This' study will identify any areas that will need preventive maintenance prior to resealing. Shive-Hattery Engineers have been selected by the City's Engineering and Parking staff to perform this study based on a similar study they conducted for the University of Iowa. In addition to providing preventative mainte- nance guidelines, they will also recommend the necessary sealers to be used which could vary from ramp to ramp and floor to floor. An agreement has been reached between the City of Iowa City and Shive-Hattery for this study. The total cost of the study is not to exceed $6,600 and it will be completed within 60 days after the agreement is signed. City staff will proceed with the study unless otherwise directed by the City Council. bj4/2 8 S, City of Iowa City MEMORANDUM Date: May 1, 1985 To: Iowa City Airport Commission From: Fred Zehr, Airport Manager /J Re: HLM Hangar/Equipment Storage Facility Joe Tiffany, Russ Schmeiser and I met with the City Council at its informal meeting held on April 30, 1985, to discuss the financing arrange- ments laid out in our memo to them dated April 25, 1985. The City Council authorized the Airport Commission to spend up to $60,000 of the Airports Improvements Reserve toward the joint HLM Hangar/Equipment Storage project as long as we have a lease with HLM that will cover the debt service of the GO bond required for the project. The Airport Commission is NOT authorized to spend any funds toward an equipment storage facility ff HLM decides not to lease the proposed hangar. If we do not have a joint project, we will need to develop alternatives for a separate storage facility and present those plans to the City Council for its consideration. tp3/2 cc: City Council City Manager NE 0 IOWA CITY PUBLIC LIBRARY 3rd quarter Report with Statistical Summaries FY85 FISCAL YEAR OBJECTIVES: 1. Improve information service to people who come to the library and maintain all other services, includ- ing telephone reference service, at current levels. 2. Increase the efficiency of handling and the quantity of items added to the library collections so that 71% of users' searches for a specific item are satisfied. 3. Increase awareness and use of homebound service and use of library by elderly. 4. Sustain the FY84 level of volunteer hours and maintain the amount of gift materials added and private funds received at 30% of new acquisitions of library materials. WORK COMPLETED: 1. During the first nine months, telephone information questions have continued to increase at a faster rate than in-house questions. Total information requests during the third quarter actually decreased by 2.7% primarily due to the reorganization of our method of distributing income tax forms This revision has reduced the number of tax questions which staff must handle by at least 75%1 Other services have Fe— services than "maintained." Circulation of both adult and children's materials is up nearly 9%. Traffic at the Audiovisual Desk continues to spiral upward with a 120% increase in movies on video so far this year. A third check-out station was opened on Saturday and Sunday starting February 17 to try to reduce the long lines. While lines were reduced somewhat, the major impact was to increase circulation: over 430 items per hour were checked out one Sunday afternoon. 2. Reshelving of material continues to meet or exceed standards for accuracy and speed despite increases that saw total circulation exceed 60,000 items per month for the first time in March. The number of items added to the collection at 3004 for the third quarter and 9270 for nine months indicates we will probably not be able to significantly increase the number of items added in FY85. At the three-quarter point the number of items withdrawn exceeds new additions by 200. 3. Service to homebound has leveled off. The total number of enrolled borrowers is up significantly but borrowing was, less in the third quarter than a year ago, when heavy promotion took place. We expect a large jump in regular circulation to those over 65 when it is computed all the end of the year. A comprehensive brochure about library services to the elderly was published this quarter. The elderly comprise a significant portion of our volunteers. 4. Goals for volunteer hours, gift materials added and gift dollars into the Gift and Bequest fund all were maintained or exceeded during the third quarter. 1 PERFORMANCE MEASUREMENTS: FY81 FY82 FY83 FY84 FY85 FY85 - (goal) 7YTB) 1.A. Registered borrowersl 27,194 38,280 45,300 47,961 47,000 50,618 % IC residents who are registered 46.2% 65.0% 73.5% 79.1% 78% 84.5% B. / people entering the building 278,840 414,000 411,600 497,276 520,000 378,990 Per hour open 93.9 135.4 149.2 156.6 162.5 159.2 C. Circulation 434,660 487,070 536,200 574,525 600,000 426,201 t 0. Questions handled 32,224 44,610 50,085 52,689 57,750 39,549 % which are by telephone 45.6% 32.4% 31.4% 31.2% 30.0% 32.6% E. Meetings by non -library groups 69 798 960 1,057 1,000 569 F. Programs for children 286 474 472 448 475 334 Attendance 15,599 15,733 16,251 16,222 16,500 12,546 2.A. Circulation per book added (above 35 39.0 26.1 26.9 32.8 34.0 NA indicates collection is deteriorating) B. Availability rate (% of collection on (FY79) shelf available for use) 69.4% 70.2% 68.0% 70.0% 71.0% NA 3.A. Circulation to people 65 and over 11,219 13,129 14,910 16,076 17,800 NA B. Mailings sent to homebound borrowers 146 186 185 370 225 233 4.A. % of acquisitions which are gifts or 30.3% 34.1% 35.5% 31.6% 30.0% NA J purchased from grants or gift funds B. Volunteers in F.T.E. 1.0 2.5 2.4 2.8 2.5 2.9 DIVISION ANALYSIS: The third quarter is traditionally the busiest time for Information and Circulation departments. A better tax form system helped a lot, but 20 -minute waits to check-out and a recognition that furniture, equipment and the collection are beginning to show wear from the frantic pace were sobering. Our goals to increase awarenest among specific groups are more successful than our attempts to maintain services at current levels! a_: r. . ell .. ....... �.�_.._ .._ ... .. 00 v MEMORANDUM Iowa City Public Library Date: April 26, 1985 To: Iowa City Council From: Library Board of Trustees Re: Food, Beverage and Smoking.Policy POLICY Refreshments are allowed only in the public lounge or as specified in "Rules for Meeting Room Use." Refreshments are prohibited in all other public areas of the building. Smoking in any area of the library is strictly prohibited. Effective June 1. Penalties Building offenders are given one warning and asked to leave. Discussion room offenders are charged a minimum fine of $5, plus labor and materials, if any, required for clean up or damages. Meeting roan users are charged for labor and materials to cover the cost of damage or extraordinary room clean up that results from use (minimum charge: $10). Adopted by the Library Board of Trustees on April 25, 1985 RECEIVED PAY 1 1985 48 Penfro Drive Iowa City, Iowa 52240 April 29,-1985 i Mr. Neal Berlin - City Manager Civic Center Iowa City, Iowa 52240 Dear Mr. Berlin: After checking the 1984 edition of the City Directory, i I compiled the attached list. All the houses to which my y daughter, Marga, and 2 distributed our petition notice C(also attached) are listed; the response is also f indicated. Please note that everyone east of the tree on Penfro except 23 (5 is vacant) signed the petition. Enclosed is a picture of the tree (whose circumference measures 10' 2") taken this afternoon (Monday, April 29). i our thanks to you and to Mr. Robinson for your help -- and your patience! Sincerely yours, :� lC:.Ec,lEt`7 �l.%.c:�^•.cr;r'� �U;c� iMargaret Leahey Bruns cc: Terry Robinson i PENFRO DR] 5 15 16 23 24 31 32 39 40 47 48 53 54 60 66 72 76 84 92 95 100 i PENFRO DRIVE (CONT'n) 108 115 116 123 124 131 132 139 140 147 148 153 154 KINETi 1021 YES NO OTHER ARBURY 3 4 7 8 11 12 15 16 19 20 23 24 28 32 36 40 44 47 48 51 52 55 56 60 61 64 SUNSI 942. 1006 1014 1019 1022 1030 1138 1108 1115 1118 1120 1126 1130 GAS TAX BILL PASSES SENATE DEBATE UNDERWAY IN HDUSE One of the remaining hurdles that leadership hopes to overcome before adjourning this weekend is to "solve the differences between the House and Senate on a gas tax bill. The bill, SF 565, was approved last week by the Senate on a 26-23 vote. The bill as approved contained the Boswell neldment which "feathered in" the gas tax along the southern borders of the state with Rissourl. The Howe Mays and Hems Committee struck that provision from the bill and also mended the Senate version by offering an expanded RISE program over the $2 sil- lies offered in the Smote bill. RISE studs for Revitalise Iowa Sound Economy and is designed to earmark a portion of the RIR gas tax increase to economic de- velopment projects. The House version would provide for a three cent gas tax increase to be phased in W" two time periods -one beginning July 1, 1985 and mother January 1, 1986. It also provides for the diesel fuel to increase by 4t wet a phased -!n period. One-third of the revenues received would automatically go to the Rood Use Tax fund using the existing distribution formula which gives cities 181 of that revenw. Assuming total estimstes of 538 million, one-third of that ronld be $12.6 million, of which cities would receive 18% or $2.278 million. This amounts to a little sore than 52.00 per capita. In addition, the resaining two-thirds of the revenue would be allocated to RISE progress for each of the Jurisdictions with the pri. maries getting 501, the counties 25k and the cities 251. That would have meet that cities had mother $6.35 million they could have acquired through competitive application to OOT. Several key amendments In the last 24 hours have dramatically changed this bill. First, an mendout offered by Rep. Lageschulte would have stricken the RISE pro - tram entirely and "turrod the gas tau revenue to the BUT formula on the arrant distribution basis. This amendment lost on a 49.49 tic vote. The second amendment, which was adopted en a 59-38 vote, was introduced by Reps Jay, Lageschulte, Sullivan and Harbor. That amendment changed the RISE set-aside from 50-25-25 back to 45-37-18 which is the sme as the current RUT distribution formula. As me mail this bulletin, final a"im is still not completed in the House on this bill. we are wsura whether the votes era there to pus it in its mended form and what, if anything, the Senate will do with the House amendments. Attempts to strike the additional funding for public transit from the bill were defeated. With the adoption of the Lageschulte at al amendment we do not believe that the j� bill offers enough in the wry of financial incentives for cities in relation to other jurisdictions, especially beuwa of the initial reluctance about the con- - cept of RISE. We would urge city officials to contact their legislators and ask then to recon. sider the vote which reduced the RISE portion for cities. DEBATE OONTINOES ON COLLECTIVE BARGAINING After almost a week of on again, off again debate, the House has still not oes- pleted action on SF 364, • bill relating to the scope of negotiations. It appears that the House is wing the bill as a "filler" and are still working to reach a compromise with the Senate on HF 7530 the comparable worth lagislation. L•a a Ya�awa • e LEGISLATIVE eowrt,e• BULLETINalso u,su saau First Session, Bulletin No. 9 May 1, 1985 GAS TAX BILL PASSES SENATE DEBATE UNDERWAY IN HDUSE One of the remaining hurdles that leadership hopes to overcome before adjourning this weekend is to "solve the differences between the House and Senate on a gas tax bill. The bill, SF 565, was approved last week by the Senate on a 26-23 vote. The bill as approved contained the Boswell neldment which "feathered in" the gas tax along the southern borders of the state with Rissourl. The Howe Mays and Hems Committee struck that provision from the bill and also mended the Senate version by offering an expanded RISE program over the $2 sil- lies offered in the Smote bill. RISE studs for Revitalise Iowa Sound Economy and is designed to earmark a portion of the RIR gas tax increase to economic de- velopment projects. The House version would provide for a three cent gas tax increase to be phased in W" two time periods -one beginning July 1, 1985 and mother January 1, 1986. It also provides for the diesel fuel to increase by 4t wet a phased -!n period. One-third of the revenues received would automatically go to the Rood Use Tax fund using the existing distribution formula which gives cities 181 of that revenw. Assuming total estimstes of 538 million, one-third of that ronld be $12.6 million, of which cities would receive 18% or $2.278 million. This amounts to a little sore than 52.00 per capita. In addition, the resaining two-thirds of the revenue would be allocated to RISE progress for each of the Jurisdictions with the pri. maries getting 501, the counties 25k and the cities 251. That would have meet that cities had mother $6.35 million they could have acquired through competitive application to OOT. Several key amendments In the last 24 hours have dramatically changed this bill. First, an mendout offered by Rep. Lageschulte would have stricken the RISE pro - tram entirely and "turrod the gas tau revenue to the BUT formula on the arrant distribution basis. This amendment lost on a 49.49 tic vote. The second amendment, which was adopted en a 59-38 vote, was introduced by Reps Jay, Lageschulte, Sullivan and Harbor. That amendment changed the RISE set-aside from 50-25-25 back to 45-37-18 which is the sme as the current RUT distribution formula. As me mail this bulletin, final a"im is still not completed in the House on this bill. we are wsura whether the votes era there to pus it in its mended form and what, if anything, the Senate will do with the House amendments. Attempts to strike the additional funding for public transit from the bill were defeated. With the adoption of the Lageschulte at al amendment we do not believe that the j� bill offers enough in the wry of financial incentives for cities in relation to other jurisdictions, especially beuwa of the initial reluctance about the con- - cept of RISE. We would urge city officials to contact their legislators and ask then to recon. sider the vote which reduced the RISE portion for cities. DEBATE OONTINOES ON COLLECTIVE BARGAINING After almost a week of on again, off again debate, the House has still not oes- pleted action on SF 364, • bill relating to the scope of negotiations. It appears that the House is wing the bill as a "filler" and are still working to reach a compromise with the Senate on HF 7530 the comparable worth lagislation. L•a a i .2. Several mandments remain to be acted on in the House and further amendments are still being drafted. City officials should continue to contact their legislators and urge defeat of this bill. SENITE AMENDS, COHSE CONCURS ON PUBLIC FUNDS SF 296, an Act relating to deposit and investment of idle public funds, has finally von approval of both chambers and 1s now on its way to the Governor. Action came after the Senate adopted several corrective smetdasnts including one to strike the ability to purchase common stock and the intent section of the bill which had been added by the Hose. The bill a passed contains many of the provisions cities had been seeking: 1. Exempts cities and city officials fro liability. 2. Removes the cities from the role as third party bailees and the admin- istrative responsibility for the bailment agreements. This has now been placed in the state treasurer's office. 3. Provides a limited expansion of investment options for cities with pension and retiramnrc funds. 4. Retalm a limited sinking fund in the event ofdsfault. S. Clarifies the types of collateral wed in the pledged custody agreement with the federal reserve bank of Chicago. The one portion of the bill which we had supported but finally lost on. a reom- sidaratlon was the ability to deposit and invest in any financial institution in the state and not be limited to the currant Code language which restricts it to ^county or adjoining county". HOUSE APPROVES JOBS TRAINING BILL On ■ vote of 77.29 the Home has approved HF 766, an Act to establish an Iowa small business jobs training program. In the last bulletin the League pointed out some of the shortcomings of this bill ad those concerns were not addressed in the House during debate. The bill has been placed on file in the Senate and we expect that it will be assigned to the Senate appropriations committee. City officials should contact mmbem of the committee and ask them to mand the bill to provide the ease controls and requirments on a ton -elected board of directors of on area community college for public hearing, publication and notice as to their actions which could affect tax eskings and valuation in your community. Members of the committee are: Welsh (Chr.), Small, Tied", Colton, Deluhery, Dlelman, Gentleman, Gettingf, Gromtal, Holt, Ham, Husak, Lind, Willer, C., Murphy, Redinger, Ritsem, Schwmlols. APPROPRIATIONS BILLS TO CONFERENCE In in attempt to reconcile the differences between the Howe and Smate over a spending freeze or rollbacks, all appropriation bills have been tent to conference committees. All appropriation bills are scheduled for completion by noon today in order to send them to the Governor and give him'the three days authorised by law to exer. cise his veto while the legislature is still in session. By following this procedure we are Assured that the legislature will be In session on Saturday. As we go to press the standard agreement that is being reached on all appropriation bills provides that 'total appropriations speciflced in any Act for the fiscal year beginning July 1, 1985 and ending June 30, 1986 shall not be exceeded in the fiscal year July 1, 1986 through June 30, 1987 unless revenue growth as, estimated by the legislative fiscal bureau in its December 31, 1985 quarterly report exceeds four and ons -half percent". This mems that unless the quarterly report indicates a 411 growth on December 31, Mr. 1985, the rolled -back appropriations to municipal assistance, transit and sewage works construction caner exceed their rolled -back count. Currently that Amount is It less than the Governor recommended unless the Governor rates that portion of each appropriation bill. HOBILE Ips£ BILL INMODUCED HF 771, a bill relating to the licensing and regulation of mobile homes and mobile Inca parks, has been introduced and placed an the Mays and Means calendar. This bill, which was originally filed as HF 316 in February, had previously been defeated in the Howe Local Government Committee. Subsequently it was refiled as a House study bill and lost in State Government Committee. It has now finally been approved by the House Mays and lbw Committee. The bill repeals sections of Chapter 1350 which provide for the licensing andrelu- lation of while home parks by the department of health and local boards of health. The bill Alan provides that if a city or county enacts and enforces An ordinance imposing safety or sanitation standards for rental while homes, similar safety or sanitation standards most also apply to other rental properties intended for human habitation. A city or county shall not adopt a safety or sanitation stan- dard ordinance for ower -occupied while hors but nuisance and tiedown regula. tions do apply to all while hors. The League's original objections to this bill still stand and we would urge city officials and building officials to contact their note legislators and urge them to not debate this bill or to vote against it. Argue that the bill has already been rejected twice by two different committees on the Howe aide and that it places an unfunded mandate for licensing and regulation on local geveroment. TAX -LAM SHARING BILL FILED Son. Dare Readinger (R -Urbandale) has intsoducsd SF sex, an Act relating to tax. , base sharing. The bill provides that 10% of the increase in commercial -industrial assessadvalr in an entire metropolitan area over that of the bum year is taken from the tar base of each municipality and designated as an area -wide tet bar. The bill is similar to a concept currently in place in the Minneapolis -St. Paul area. RIM , `Suit' - able cartoon? Developer adds drawing to suit against Iowa City BY osasee rTan Walsh .,O . damages not just actual11 awaw cleel IOWA CITY — An editorial cartoon In the Daily Iowan, the Unlveraity of Iowa's student news. Paper, has prompted a local devel• oper to seek another, $100,006 In damages through a lawsuit flied last week against the city of Iowa City. 'Ken Renshaw Bled suit April 22, claiming the City Council's 5.1 vote in October to block Renshaw's plane to construct mWwarebouses near an Iowa City Municipal Airport runway deprived him of his legal right to develop his property at 163 lughway I. West. After admitting Renshaw had complied with W city regulations in seeking ■ - building permit, the council vetoed the project for feu of jeopardizing federal grants for air. Poll Improvements due to the Proximity of the project to the airport's north -south runway. RenshaWa suit In John= Coun. ty District Court originally asked for $500,000 as compensation for the emotional distress b'r and his wife, Shirley, have suffered as the result of the council's action.• "('Otey) have been held up to public Ignominy and shamed as being Parties who do not believe In airport safety," the wit states. "(Tfay) love. been subjected, to =heras'Ing phone calls and general uta, causing them emotional harm and tntress," . AFTER SEEING a cartoon by Daily Iowan staff artist Steve Bedlam • that aPPeared In the April 26 edition of the paper, RanshuWs attorney, William Meadon of Iowa City, attached a copy of the cartoon to a motion to Increase the amount of damages being sought to $600,000. The cartoon depicts Renshaw as a cigaramoking thug who, with one wrapped pped around a city officW, Is saying, "City, Babyl Would I hurt You? OK, you can keep your federal airport money — fill •cost•ya a $500,000 lawsuit, but you can keep It. Now, whet kind'of an offer is that?" The official's response Is "Fa .. one that I can't refuter In one comer of the cartoon to a smaller drawing that has the city, official asking Renshaw: "It this blackmail or merely a briber In that drawing, Renshew's answer Is, "Neither ... it's legal." Johnson County District Judge JOHNSON COUNrY Paul KBburg approved the amend• ment motion Wednesday. Meardon said TAursday he's sent the paper a formal demand for retraction. if this cartoon Is libelous, and, if they receive a notice demanding retraction and don'tretract it withintwo weeks, we can go for exemplary Meardon said. - da ages. "I don't know It we'ro going -to sue them (the paper), but I tank it's a cheap shot.,' BBI Casey. the publisher of the Daily Iowan, said Thursday the paper has yet, to receive Meardon's demand for a retraction. Meardon emphasized $600,000 is only the amount now being sought as compensation for alleged emo- tional distress. The Cedar Rapids Gasafte: Fri., May 3, 1945 1983 UPDATE ADDENDUM I Urban Environment Policies The 1983 Update.of the Iowa City Comprehensive Plan (1978) endorses '.. the continued acceptance of the basic goals and objectives stated in the Iowa City Plan (p. 11-13).' The 1983 Update also retains the •findings and policies relating to the environment as described in p. 45-51 of the Iowa City Plan. The attached addendum to the 1983 Update amplifies and extends the environ- mental policies for Iowa City adopted in 1978 and, by reference, in 1983. Adopted IOWA CITY URBAN ENVIRONMENT POLICIES The features which make the City of Iowa City such an attractive place to live and work have been identified and it has been determined that the following elements are of importance when considering what features of Iowa City should be protected and preserved: I toowwna livings withethesculturall andcorecreational opport nitiesitof oaf large cosmopolitan area. al to the Z A number atmosphereoof this ecommunity, s both nand rd it isimportant constructed, e toprotectiandpreserve these elements. only a 3. Theslements scenicevistas, entranceways l eways toIowaCity1 public turaeareas and buildings. s but also rhoods, 4. These elements and the interaction between these elements provide a sense of community and integrity to the City and contribute to the general aesthetic and visual impression projected by the City. s sustained and 5. The the senseniof and social comnunity and welfare aestheticvaluesvalues ienhanced provided by the naturaland constructed environment. Since the City Council is vested with certain powers to foster the health, safety and general welfare of the public, and to protect public interests, the policies listed below are adopted to maintain and enhance the quality of life in the Iowa City community and to protect the public interest as it is affected by the elements described below. These policies are adopted as an amendment to the Environmental Policies of the Comprehensive Plan. Environmentally Sensitive Areas Definition: Environmentally sensitive areas are geographical areas containing natuecologic, archaeological or aesthetic resources or features which are of value to the public and the destruction of which might result in the permanent or long-term loss of important public resources (such as mature the long-term degradatioin economic n of the environment. Exampin hazards such as lesiofsor suchflooding, enviro mand in entally sensitive ic formations,eas naturalstream are not corridors limited ding floo plains, unconimon or ufluodwue aysloand greenbelts of the Iowa River and associated creeks, natural stormwater deten- tion areas, value lfor bim land drdupland watchi g lands observation ofas of flowersi9and passive recreational plants and animals and areas containing a high concentration of ecologic and aesthetic features. Enironmentallhazaros sites byv van appropriatenState eorrFederaeas laagency. lso be thThese ose esites emay srequireuspecial consideration and restriction in their development in order to protect the public health, safety and welfare. Rationale for Preservation: Iowa City was originally chosen as the seat for the tate rap - a ecause of the natural beauty of the area with its steep wooded slopes and river bluffs. The exposed limestone bluffs along the Iowa M '. River are geologic formations which are rare in Iowa City, and which also provide interesting vegetation and wildlife habitat. Their destruction would result not only in the loss of this unusual landscape feature, but would also accelerate the erosion of the steep wooded slopes in the area, with possible resultant land slides and siltation. The Iowa City area was once heavily wooded, particularly along the river and creek beds. Few wooded areas now remain to provide diversity and other benefits. Northern Iowa City is one area where steep wooded slopes and ravines remain relatively untouched. Intensive development of such slopes destroys not only vegetation and wildlife habitats, but frequently results in erosion, mud slides, the filling in of ravines, and severe changes in drainage patterns. A crucial factor in the stabilization of steep slopes is the development of a stable drainage system. Degree of slope, soil type, vegetative cover, underly- ing geology and precipitation patterns determine the run-off patterns. Approxi- mately 35-40% of precipitation is not retained by the soil or used by plants, and will run off steep, wooded slopes. As the vegetative cover is disturbed by development, new drainage patterns develop which may result in the erosion of neighboring private and public property and cause downstream siltation affecting water quality. As a result costs may be incurred by private property owners and by the City to correct the problems created. Woodlands themselves are important moderators of climatic phenomena such as high winds and flooding, and help to protect watersheds from siltation and erosion due to heavy runoff or wind. The woodland floor acts as a filter to water percolating into ground water reservoirs or rivers. The woods also improve air quality by absorbing some air pollutants, and serve as noise buffers between residences and heavy noise generators such as interstate highways. Finally, woodlands in an urban environment provide recreational opportunities, and visual relief from the built landscape, adding to the quality of life and therefore the general welfare of any community. Rivers and creeks are the natural drainage channels of any area. As develop- ment increases and the impervious surface area increases, more and more surface water runs off directly into the creeks and rivers. The floodway and flood- plain of streams are the natural corridors for this water and should be maintained for its flow. If, in addition, vegetation is maintained along the river and creekbanks, more water can be absorbed and the risk of flooding is reduced. Also, the filtering affect of the floodplain soils will reduce the amount of sediment and chemicals entering the creeks and rivers and help to maintain water quality and to reduce the risks of flooding and erosion. If greenbelts are maintained along rivers and creeks they provide diversity of habitat and by their linear nature extensively affect adjacent development. Protection of the Iowa River and Ralston and Willow Creek floodplains will reduce the need for further extensive modifications of their channels in order to reduce flooding. Potic : It is the policy of the City of Iowa City to preserve and protect environmentally sensitive areas as identified by the City, and to develop measures to protect the public for those sites identified as environmental hazards by appropriate State or Federal agencies. Buffer Areas and Open Space Definition and Rationale for Preservation: Buffers between land uses, such as commercial and residential, serve to screen one use from another, and help to decrease the adverse affects - such as noise, traffic, air pollution - of one use upon another. Buffers may also help to provide a transition between land uses. Buffers may be vegetative, such as a greenbelt of trees between an interstate highway and residential development; a solid fence screening a commercial use from a neighboring residential area; or a structure designed in such a way that the structure itself is oriented to act as a buffer to the adjacent land use. Transitional buffers provide an attractive transition between land uses such as those seen on Rocky Shore Drive with the gradation from river, to plantings along the sidewalk/bicycle trail, to single family residential development. Buffers provide diversity within the City, and, if vegetative in nature, have many of the beneficial effects of woodlands but on a smaller scale. Open space provides relief from urban development and opportunities for recreation. Open space may be unimproved natural areas, pocket parks, play- grounds, neighborhood or city-wide parks, storm water detention facilities, stream corridors or greenbelts. All these provide relief from continuous, contiguous development and the intensified extremes of temperature, increased air and noise pollution and the psychological stress associated with such development. As the City grows and develops, noise, water and air pollution increase and areas of open space and vegetation which help to alleviate these pollution problems decrease in size and number. Protection of existing open space is therefore vital in preventing the degradation of the Iowa City environment. Polemic : It is the policy of the City of Iowa City to preserve and promote the creation of buffer areas and open space as identified by the City. Neighborhoods and Structures Definition and Rationale for Preservation: Neighborhoods provide familiar surroundings - buildings, places to wa k, people - a sense of security and community stability. Neighborhoods may be private -a place where groups of individuals live; or they may be public - places where many people gather to enjoy the surroundings or to interact. It is within Iowa City's 'private' neighborhoods that people find the benefits of small town living and in the 'public' neighborhoods that one can enjoy the diversity often found in a larger city. There are within Iowa City historic neighborhoods and structures which provide roots for the residents of the neighborhood and perpetuate a legacy of his- toric, architectural and cultural achievement for all of Iowa City. Some of Iowa City's neighborhoods and structures, though not historic, provide an identity for their residents which adds to the residents' sense of well-being. Likewise, there are public places within Iowa City which have become unique gathering places for the people and add to the entire City's sense of commu- nity. 6 �� i a Policy: It is the policy of the City of Iowa City to preserve and protect the unique attributes of Iowa City's public and private neighborhoods, as identi- fied by the City, for the general welfare of the community at large. Entranceways to Iowa City Definitions and Rationale for Preservation: Entranceways to Iowa City are ail e major aroug ares along w c peop a approach our city. These entrance- ways often provide the first impression one has of the City, informing the visitor and resident alike of the aesthetic values of the community. The visual impression projected of the City through its entranceways can contribute to the economic and social welfare of Iowa City by making it a more attractive place to live and work. Policy: It is the policy of the City of Iowa City to preserve and enhance the entranceways to Iowa City. Scenic Vistas Definitions and Rationale for Preservation: There are elements of Iowa City. both natural and constructed -77W are unique to the city and are open to public view. People are reminded through these scenic vistas of the heritage of the community and the natural beauty of the land. POOH : It is the policy of the City of Iowa City to seek to ensure that certa n unique features within Iowa City remain perpetually accessible to public view. 1 AGENDA PARKS AND RECREATION COMMISSION WEDNESDAY, MAY 8, 1985 7:00 P.M. MEETING ROOM B ROBERT A. LEE COMMUNITY RECREATION CENTER 7:00 - 7:05 Minutes 7:05 - 7:15 Public Discussion 7:15 - 7:30 Iowa Arts Council Discussion 7:30 - 7:35 Report on Neighborhood Open Space Advisory Committee 7:35 - 7:55 Discussion of Joint Use Facility Proposal With Iowa City School District 7:55 - 8:05 Committee Reports 8:05 - 8:20 Chairman's Report 8:20 - 8:30 Director's Report 8:30 - 8:40 Other Business 8:40 Adjournment Nom f z r Nom T,14 '�,o APR29 i985 April 29, 10TY CLERK Dear council Members, Enclosed are signatures supporting the existing ordinance to remove the cottonwood tree at 48 Penfro Dr. We would like to make several points concerning both petitions: 1) The petition "to save the tree" has 16 Penfro homeowners (2 of which are for sale). 2) The petition to ENFORCE the ordinance has 14 Penfro homeowners. 3) Although the petition"to save" has Arbury signatures, several of the homeowners are not affected at all. Homeowners #4 - #28 (11 signatures) are on the far side of the horseshoe drive and cannot even see the tree let &done experience the mess and danger. 4) The same as above can be said for the signatures on Sunset and Wylde Green (4 signatures). 5) The time involved for "cotton flying" is 6-10 weeks - not as stated "only a few weeks in early summer". We have limited our petition to homeowners who are directly affected by this cottonwood tree. We sincerely hope the council enfor�@S the existing ordinance. L \\1 Pat Meskimen \. 47 Penfro Dr. Iowa City, Iowa 52240 M We, the undersigned petitioners, request that the current ordinance requiring the removal of cottonwood trees be enforced at 48 Penfro Dr., Iowa City, Iowa. cAddress 2 •�Iv tw�J 3. '0--V lo. loi C"Avy--� 13. (,A P- 15. )1�'Ja J,Ut 16. We, the undersigned petitioners, request that the current ordinance requiring the remaval of cottonwood trees be enforced at 48 Penfro Dr., Iowa City, Iowa. Name Ad d re as 17. 2- V\ 2� V. 19./�ti� 20. G' S5 ArbuYj Dr, r�. 04n un O.d 21. u 22. 23• s r 211 /44AAAAA �7 $3 ?em4-o D,-tL•,., 25.C�]. 26.��ti- Cu. ul 27. I 28. 29. 30. 31. 32. /44AAAAA �7 $3 ?em4-o D,-tL•,., 77-0 W! �. Milk&11 .2" ftwowotal. Um April 29, 1985 Mr. Neal Berlin L E D City Manager City of Iowa City APR ' ) .';35 410 E. Washington Street Iowa City, IA 52240 CITY CLERK i Dear Mr. Berlin: Thank you for alerting me to the city council meeting on Tuesday evening, April 30. I regret very much that I won't be able to attend --- I'm teaching a night course this semester and my class meets on Tuesday evenings from 7:00 - 9:30 PM. I hope my absence won't further jeopardize my old cottonwood tree. I notice from the newspaper that the person who evidently complained to the city about my tree now says that he wasn't complaining about the cotton but only about the dead limbs. I can't be sure what his views are because he never actually spoke with me directly about the tree. In any case, as far as I can see there never was a problem about my trimming the tree ---that I will be very happy to do. But I think no one expects me to have the tree trimmed if in the end it will have to be destroyed. The city forester made it pretty clear to me that my problem was not dead limbs that might fall from the tree but the cotton it produces. If you allow the tree to live I'll have it trimmed straightaway. No one wants to be thought a nuisance by his neighbors. However, now that the issue of the tree has come to a head, and even become a news j item, I'm afraid that people will find the tree a more hateful nuisance than before, and that the new intensity of feeling will exaggerate the harm they think the tree does to them. If I had a chance at Tuesday night's council meeting I would say how sorry I am that my tree is such a bother to people, and I regret very much that they have come to resent it ---and no doubt me as well. However, I didn't plant the tree. It was there when the area was developed and the city allowed it to stand. I feel that the only just and decent thing I can do is to argue that the tree ought to be allowed to go on living. I think it's terrible that I should be called on now to have it destroyed. Destroying the tree would be a hateful thing for me to do. As it stands the city ordinance requires me to do something that is wrong. If I had planted the tree in knowing violation of the ordinance, then I would be responsible for violating the ordinance and it would be a just thing to require me to remove the tree. But now the city is requiring me to do something it would not do when the area -was developed. I think the city i did the honorable thing by allowing the tree to stand, and for the same reason I think the city is now asking me to do something dishonorable in requiring me to -destroy the tree. I hope you will make this letter part of the record. Sincerely, Gerald L %% lel.Ba as hq 48 Penfro Drive FOM Wehner Pattschull pfdhw PC May 6, 1985 Arehdecls 201DeyBuildingRECfIv PwroCW~,.aA Interior Designers Iowa city, Iowa EDMAY6 1985 aohiirdw Fal=W.AIA 52240 J"v. vrdrre,. A1A 131 91 3389715 Sle A PlWnmch,A Neil Berlin, City Manager City of Iowa City 410 E. Washington Iowa City, IA 52240 i Dear Mr. Berlin: I am writing this letter on behalf of Southgate Development Company as their architect in charge of the design and development of renovation plans for the Elks Building. The Elks Building is a very fine example of a turn -of -the -century masonry structure and is considered by our firm as well as Southgate Development to be a building strong in integrity and value. It has existed for some 80 years serving a wide range of occupants, and there is no reason to believe that with the remodeling and additions we have planned for the building that it will not be a functional building for another 80 years. In the development of the renovation plans, a complete architectural, mechanical and electrical survey of the building was done. As you probably are aware, the building has been remodeled quite extensively over the years leading to a conglomeration of walls, materials and systems, none of which can be effeciently reused for any new occupant. The developer's plans for renovation of the Elks Building call for totally new architectural, plumbing, HVAC and electrical systems. Specifically on the exterior of the building to include new windows, roofing, masonry restoration and a multi -colored paint scheme on all wood trim. On the interior of the building, the plans call for all new office and secretarial areas with totally new finishes designed through consultation with the new occupants. The building will also be reinsulated through guidelines set up by our energy consultant. All additions and modifications to the building will be designed to meet all state and local codes and standards set for efficient office design and usage. The new north entrance to the building will give the building access to the basement and first floor levels that were never available at that location before. The new exterior porch and main stair have been designed to restore to the building the original porch appearance and function. g3 C. Mr. Berlin May 6, 1985 Page 2 The renovation plans also call for a new elevator system in conjunction with an on -grade access from the north basement level to give all floors access by the handicapped. The new elevator will be complemented by new interior fire stairs giving access to all floors. Our firm has had extensive experience throughout the City and State in the remodeling, renovation and restoration of both historic and existing structures, and the expertise we have used in the renovation of the Elks Building has made the building as economical and flexible to occupy as a new facility. If you have any questions concerning the renovation of the Elks Building, please feel free to call our office. Sincerely, WEHNER, PATTSCHULL B PFIFFNER, PC ARCHITECTS *eVeA.hrbach, AIA SAR/drs CC: Southgate Development Rosemary Vitosh, Finance Director M i SOUTHGATE DEVELOPMENT CO. ELKS BUILDING REMODELING WEHNER PATTSCHULL & PFIFFNER P.C. 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