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HomeMy WebLinkAbout1984-10-23 Info Packet~'my of Iowa City MEMORANDUM Date: October 12, 1984 To: City Council From: City Manager Re: Informal Agendas and Meeting Schedule October 16. 1984 _Tuesday 6:30 - 9:00 PM Iowa City Public Library - Meeting 'Room A City Council meeting with City Department Heads re: department goals for FY86 October 22 1984 Monday 6:30 - 8:45 PM Council Chambers 6:30 PM - Review Zoning Matters 6:45 PM - Airport Compliance Status 7:15 PM - Meet with Design Review Committee re: 8lackhawk Minipark 7:35 PM - Meet with Housing .Commission re: Shared Housing and Congregate Housing Program 7:55 PM - Swimming Pool Project Report 8:10 PM - Process for Hiring City Attorney 8:25 PM - Council Agenda, Council Time, Council Committee Reports 8:40 PM - Executive Session October 23 1984 Tuesday 7:30 PM - Regular Council Meeting - Council Chambers October 30 1984 Tuesday 6:30 - 8:30 PM Council Chambers 6:30 PM - Minimum Open Space Requirements 7:30 PM - Striping of Parking Lots 7:45 PM - Videotape on Fire Extinguisher Use 8:00 PM - Council Time, Council Committee Reports '2134 PENDING LIST Priority B: Duty/Procedure Changes - Housing and Inspection Services Lower Ralston Creek Parcels - Use and Configuration Congregate Housing Development Alternatives Iowa Theater Type Problems Northside Lighting Project Report Housing Alternatives Energy Conservation Measures Funding Program Newspaper Vending Machines Meet with representatives of Clear Creek Investment Co., and First Capitol Development, Inc. Unrelated Roomers - Proposed Zoning Ordinance Amendment Kirkwood Avenue Signalization Study Recommendations from the Riverfront Commission Priority C: Housing Inspection Funding Policy willow Creek Park Sidewalk North Dodge/Old Dubuque Road Project Appointments to Resources Conservation Commission and Mayor's Youth Employment Board - November 6, 1984 Appointment to the Senior Center Commission - November 20, 1984 02034, City of Iowa City MEMORANDUM DATE: October 12, 1984 TO: City Council FROM: John McDonald, Mayor i RE: City Attorney, Select on Process Attached is information relating to the process for the selection of a new City Attorney. In addition, the City Manager's office has: 1. Munici al Le al Oe artments: Administration and Finance; compiled y C. Rhyne, W. R yne, M. Hess and K. Bae; Natrona nstitute of Municipal Law Officers. 2. Municipal Attorney Law, by Charles S. Rhyne; Kingsport Press. The process will be discussed at the informal meeting of October 22. ,,20 37 INFORMATION TO CITY COUNCIL 1. Committee Announcement. 2. City Attorney - Compensation for Services - '76-'84 3. City Attorney Selection Process Memorandum of February 4, 1981, from John Hayek. 4. Report of Committee on City Attorney Position - July 24, 1970. 5. Letter to City Council from Jay Honohan - June 5, 1973. 6. City Attorney Job Description - prepared by John Hayek - 1981. 7. Discussion of Duties and Responsibilities of the City Attorney - prepared by John Hayek - 1981. 8. City Attorney - Position Description. aD37 FOO ,,, tachment 1 NOTICE j\ I �1 CITY ATTORNEY REVIEW AND SELECTION / ADVISORY COMMITTEE THE CITY COUNCIL OF IOWA CITY WILL APPOINT SEVEN PERSONS TO THIS COMMIT- TEE. This Committee is being established to aid the City Council in the review of the position of City Attorney and the selec- tion of a new City Attorney. Persons interested in serving on this Review and Advisory Committee are re- quested to submit applications to the City Clerk, 410 East Washington, Iowa City, Iowa, no later than . Applica- tion forms are available from the Clerk's office upon request. Preference will be given to persons who have one of the following qualifications: .2037 ORWF 10/11/84 PAGL 1, Member of the Bar Association (2). 2. Faculty member from the College of Law or an attorney otherwise associated with the University of Iowa (2), 3. Former City Attorney (1). 4. Citizens preferably with prior service with the City either as City Council members or board/commission members (2)• The Mayor will serve as an ex -officio member of the Committee. These appointments will be made at the meeting of the City Council at 7:30 P.M. in the Council Chambers. The Committee initially will: 1. Review the responsibilities of the City Attorney to determine if changes are appropriate; and aa37 DRlI__�10/11/84 �. PAGt 3 2. Consider the merits of a full-time vs a part-time City Attorney. Prior to advertising the position, the Committee will make recommendations to the City Council on the foregoing issues. After the City Council makes decisions on these issues and the position is 'adver- tised, the Committee will screen applica- tions for this position and conduct preliminary interviews prior to recommend- ing applications for further consideration by the City Council. The Director of Human Relations will provide staff assistance for the Committee. ao37 Attachment 2 CITY ATTORNEY COMPENSATION FOR SERVICES 1976 - 1985, FISCAL YEARS 1976 - $22,692.50 1977 - 31,821.92 1978 - 27,581.34 1979 - 31,002.30 1980 - 28,140.66 1981 - 13,084.03 1982 - 37,541.76 1983 - 43,151.38 1984 - 49,388.80 1985" - 14,034.60 Average yearly compensation 1976 thru 1984: $31,560.77 Average yearly compensation 1976 thru 1980 and 33,195.21 1982 thru 1984: 1)July thru October: o24037 Atta,"ent 3 RECEiVzD F ED 51981 City of Iowa City MEMORANDUM DATE: February 4, 1981 TC: Neal Berlin, City Manager FROM: John Hayek, City Attorney RE: City Attorney selectio r ess Neal: You have asked for a formal legal opinion as to what extent, if any, the proposed 'blue ribbon' panel would be subject to the open meetings law and similarly, to what extent the City Council search for a new City Attorney is governed by the open meetings and public records law. It is my understanding that the City Council proposes to appoint an advisory 'blue ribbon' panel to review and screen applications for the position of City Attorney. Further, this panel would interview applicants and would thereafter make recommendations to the City Council of a certain number of applicants for final consideration by the City Council. Further, the City Council would of course retain final authority to make selection of the City Attorney. I believe that clearly the panel would be subject to the provisions of Chapter 28A of the Code of Iowa. It would be a multimembered body formally and directly created by the City Council and therefore would fit the definition of a 'governmental body' as that term is defined in Section 28A.2 of the Code of Iowa. I believe that the panel would therefore be subject to the requirements of Chapter 28A. However, I also believe that the panel is authorized by the statute to consider applications in executive session. I think it highly likely that in the review process the panel will be called upon on many occasions to discuss matters of a sensitive nature concerning various applicants. These matters may well include such things as the followings the competence or incompetence of a particular applicant; alleged breaches of ethical conduct by a particular applicant; claims of dependency upon alcohol or controlled substances by a particular applicant; grievances and complaints filed by clients concerning a particular applicant; opinions of peers and colleagues concerning an applicant's personal and professional life and practices. It is my own personal experience that matters of this sort frequently arise when discussing and considering applicants for professional positions. I have gained this experience not only in handling the hiring of assistant City Attorneys on many occasions over the years but also in my work on the Sixth Judicial District Nominating Commission. That Commission interviews and recommends persons to the Governor for appointment to the office of District Court Judge in our district. T11 Neal Berlin Page Two February 1, 1981 I therefore believe that a screening panel could legitimately vote to go into executive session under the provisions of Section 28A.5(i) if the panel finds the conditions of that sub -paragraph to exist and further if the applicant or appli- cants under consideration request closed session. The same rationale and authority for holding a closed session with respect to the screening panel would, of course, also exist with respect to the considerations by the City Council itself and I believe that the City Council could and should conduct its investigations and hold its discussions in execu- tive session except for the final designation of the City Attorney, which of course should be made in open session. As indicated above, a necessary prerequisite to con- sidering a person's application is that the person applying for the position requests that his or her application be con- sidered in closed session. I would suggest that appropriate provisions be made upon the application forms for the applicant to request a closed session if he or she desires. I believe that the application forms themselves are public records under the provisions of Chapter 68A and should be open to public inspection. I' recommend that each applicant be advised that his or her application will be considered a public record by the City. on the other hand, in my opinion personal infor- mation concerning an applicant obtained from other sources or from the applicant himself or herself which is of a potentially damaging nature of the sort discussed above, which information might be received in the form of correspondence or written reports from governmental agencies or individuals should be treated as confidential personal information and should not be open to public inspection. I would appreciate, Ileal, if you would forward a copy of this memorandum to the City Council for their information. John Hayek JWH:pl cc: Linda Woito aao L Attac^int 4 r %M 4111611 Y {Wrr't LNFV AND 4MY/ ..I.r. 0 1111 111 "ON 41\17 �I111/ AY►11'f•MM .... •. 1 Of a Im dIM� IMS WIiwI M 1.1...111 MN • wY rrMt11 Jnly 141 lope TIM Ilgor aa/ city anMtl chis oven Jews sly$ two 51141 hl bport of units" M oily Altana pnttla ONtlwo 1 / to osalotly Woula r ortlloat aa! olr opts of Ibo fL°paal N tbv oor.6ittoo A" you have appolatod to atu4y and elm 1049GUSStt ooaoorally the poolNaa of the City Attotaayl ou Is tb3 tutu s ttas oolMM $metf the cry ouatlteua abouttshe repo_`i.t, o.�.f to ar114412 um fcr to 41tlts "Milt" to feet with you to you so �M oos Vogl trwly Wrnl PALImm ImelMurM y r__r�un Philip A@ JUL 1$ 1010 a3o1 0 0 . W0.1—MIL4 Chapt.r 2.10 CITY ATTORNEY s.eu.aer . 2.10.1 General Duties •2:10.2 Cwgndt Advisor 2.10.7 Prosacutlon 2.10.4 Rennet 2.10.1 Gamral Dirties. The City Attorney ,hall set In protect lbs Interest of tM City. 2.10.2 Council Advisor. The Qty Attorney sbdt advbc the Ceuscil or any City officer, when requested, upoo W kpl questlows aridoj In the conduct or budoew• He shall prepare or revise ordinsew when so requested by the City Council or City Maayer; y(w bin oPlalon upoa say 'CO Mat- ter or quesdus sobmlttod to him by the Qty Council, boards and commh- slom of IM City m by Yy city WWnb Ww o0lcert l CokW meetings Is their entirety for the purpose SI ensatioo all contract, and advise requested by Its memben; and prepare for imtrumeate b whieh the Qty Is a party and 44 approm u to form, 10 bonds to be submiaed to dw Coy. 7W L7ty AYaraey 44 sow .harp at all legal services auslury so cound Anton v /ooseetba With the appropri- ating of property of public use Led kvelint of as eu=ts. 2.10.2 lroYoute Moslem Prepua W cbstfJs sad complaints SP6054 Aad atoll appear In to appropriate court in the prosecution of every person charged wkh the vlodatlon of a elty ordia nee or of any 99VAOM adopted Moder the auft ty of tM dry, or witb the commitsion of a mlado. mea m n deducd by city ordbaam 1s nay Pmmdm for vWWN d a city oNinow or of nay regulations adopted under the authorliy of do city. or with 1M commUM of a mlidemtan" Y deedaAd byHard er cowordle'"m 18 pnesocatm f« vWatoo or tegsttlos adopted 6y "y OWN created under dw BUM* of IM My CeurA Lim Mabe Report. A. REPORT OF DECISION. Report the outcome of any 1160tlow of which the city has Y Interest to the city council. B. ANNUAL REPORT OF PENDING LITIGATION. Make an &A - and report to the City Council n of tM first day of IYuary, of a0 pcndlq ptpWm V wldcb as dry W Y laww atsd the 6"" tMnuL. AvuTATr „a„ 2301 ' BBpMT To clTr COUNCIL IN BBI CITY ATromm 1. I. KIITOUCAL BTMMIB In order to place the Report to the City Council caceroing the duties of the City Attorney in • proper perspective, the Consittes believes that it is Important to review the expansion of the City Attorneys duties over the put fifteen (13) years. During the first part of this period, the off" of the City wets conducted in the old City Mall. The City Council set oma a month with an occasional special mestiagi the City KAaager did Dot have so assistant; there was one City Zagineer for Iowa City, the docket of the police Court was considerably below the present lovdll and urban renewal and other Federal aid progress were not available. 1 Following the removal of City offices to the present location there occurred coincidentally{ (1) the purchase of the water company and the establishment of the swage and water operation u a municipal enterpriseU (Z) the filing of the electric sad gas rata cua such extended over a period of four (4) years; (3) the enactment of a now comprehawiva swing ordinance and the enactment of the first Iowa City subdivision ordinance; (4) a Period of explosive growth in the Cityl and (S) am'extandvs street and sidowalk paving program. These developmuts resulted in a national lug*"* of Attorney - municipal servicas which resulted in additional duties for the City Attorney. During the latter part of this period there bars been further i developments whish lorolw the services of the City Attorney' (l) council I meetings are bold weekly; (Z) the activities of the planning and Zoning Board i i r, f i -1- 1J� have multiplied) (3) changes to the /tate low increased city liability 1 in civil erred (A) the establishment of driver's license suspension jregulations and Improved traffic safety enforcement resulted in a sub- i stantially greater number of contested traffic charges) and (3) joint Planning with the University, other cities, and the county and the school board intensified. A variety of Federal - City programs. including urban removal, 1 required close attention to detailed rules and regulations by the City i Attorney. From a historical perspective the question arises its to why prior City Councils did not either retain a full-time City Attorney or hire additional help for the City Attorney's office. Commuclag•in 1961, the City did grant the City Attorney's office • part-time research assistant 1 from the law sehool at the University of Iowa. The problem was partially alleviated by the use of independent legal counsel in certain areas of city governs nt, such es the Airport Commission and urban removal. Further- more. the City increased the amount of insurance beverage for municipal tort liability, thereby decreasing the number of rases involving the city Attorney. A second legal research assistant was also employed. This is the first time that the council has made a comprehensive review of the overall duties, raspousibilities and coeyiasatioo of the office of City Attorney. The committee feel& strongly that the duties of u _ the j City Attorney have Increased so dramatically In number and complealty . t that one attorney cannot perform them. i There has been as increase In the amennt of compensation paid to the city Attorney and a change in the procedure by which compensation is determined. At one time the salary of the City Attorney was based an a fixed annual salary but compensation L based am on an annual salary plus extraordinary ocipaoeation for certain stated duties. The Comittes believes that compensation for legal services should be basad upon the duties and responsibilities set forth later in this Import. i 1� .?30y -i - II. USUgS . The Comittes believes the following questions have been raised by the City Council's assignment for the Committest 1. Who does the City Attorney represent? 2.' What are the duties of the City Attorney? 7. Is a full-time City Attorney necessary, is a part-time City Attorney. sufficient, or Is some combination of.the two required' to, properly fulfill the duties'ol the City Attorney? A. Should the City Attorney be the eounsal for the local planning ,agency in the Urban Renewal Program? S. What salary.should be paid to the City Attornsy's.stafl as recbmmended by this Co®ittos? . -5 - III. UNCLUBICBB The Comittee hu reached the following oonclueiow in answer to these questional 1. The City Attorney represents the citisees of Iwo City acting through its City Councils and is not legal Counsel tar the City Munger or Department Heads. It 18 particularly important that the City Attorney retain and maintain an Independent status fres from the control of the administration and answer- able only to the City Council. 2. The Committee experienced great difficulties in defialsg the duties of the City Attorney. and it is apparent that no clear definition of these duties exists." Por the benefit of the Council, the applicable provisions of the'.Iwa.Code and the Municipal Ordinance are est forth in Exhibit eAs attached hereto. The Committee has asked the City Attorney to list the activities'in which he has, in fact, participated.ns legal counsel' foe the' City. These may be summarized as foliwu A. Attendance at all formal, and gnat informmls "stings of the City Council. B. Attesdanca.at special meetings of the City.Couecil when rsquested by the Council or City Manager] such.as msgtlegs with the Dnivers1ty0••8t3ob1 Board, Rlaoning A Lomita, and othermunicipal organizationevhea'combinsd with meetings of the city Council. C.. Attendance at Board and•Conaission meetings when requested, Including Library Boards Airport.Co_iasion, ?laming sed Zoning Commission, Board of Adjustments and participation as a umber of the Police and Fire.Psnaloa Boards and Chairman of the Joint Boards.' D. Gottlement of claim& of less than 81,000.00 in amount, or litigation of the same where oecisiary. B. Perform, ce u prosecutor for charges in Police Court. based upon violations of the City ordinances dem the same are assigned for trial. This includes review with cLtigeos who may wish to file charges themselves. --. -. ._ sees_.._ .� ..._.,,_. __..._.a3o7 • -6- P. Consultation with the Police Departmot for opinions oo ordinances, Complaint$, 10-8ervice training program, and the preparation of various form utilised in police work. 0. Extensive work with the Public World Department in preparation of contracts{ letting of bide{ preparation of eaacmnts, Quit Claim Deede, and supporting rasolutiocal comferancss nscesaary.to support public lmprovaaant pro- gram, plus the Collectiou of unpaid water* and @war bills. M. Attendance at conferences on request for the organisations listed hereafter. Provising opinion to the Community Development Department, including Suildiug Inapector mod gouging Inspector, Lw-Esut Housing Coordinator, and Planning Staff. Preparation and filing of dwgrgao for violation of these-bousiug ordinances. Opinions aro Siva* regularly to tha.goard of Adjntuant and to tiwe.gtaff of the Low -Rant Housing Agency on eligibility under the Pro- gram, and related sat ton.. Preparation of.leabes for the Low -Rent Housing Agency. Participation hes been active in the -Urban Renewal Program, I. General opinion, preparation of resolutions, and general ioquirion'for the Pire.Dapartsmnt, City.Clerk, Finance Department, Parks Depbrtmdt, and City MaaaSer. It.is the Committee's opinion that ■ clear-cut definition of these duties In important.to determine uhicb'functloaa or duties are iwithin the regular salary of the City Attorgey,•and which duties are the basis for extraordinary.coupenbation. It is the conclusion of the Committee that the -City Administration have unnecessarily regairod time axpanditurs.by the City -.Attorney and have bftan.sought his opinion an mnttera not -requiring Lgal counsel, but involving general administrative discretion. 3.' The Cmittes recommends that the City retain a part -rim "corporate counsel" with:a full-time. assistant. fib ties ax- panditure reedrde submitted.by the present City Attorney' clearly Indicate that the.vork.lond can readily be divided betvean a "Chief Legal Counsel" who serves es an advisor.w the City Council, and deals with the "bighst-lovel" policy.dedalons, and mother attorney to Sive Seneral legal couesal'to the ea-+-me- trativo sections of the municipal govarnmat on the day -today routine problem which arise in its administration. a3 07 The Committee believes that a full-time corporate counsel or "Chief Legal Counsel" Is not feasible for tbs'.follovibg ressoeat A. The used for independence in representation and freedom from subservience to the City Maoaisr and other &Wnis- trative bffices. B. The lack of tenure And legal inability of the City to provide tenure prevents qualified personnel from being available for this position. It.is the Committee's opioloc that.tbe "ChImULegal Counsel" for the City must be -as - attorney with experience in representing municipal Severe - unto and biiblHoalified in general lagal abilityp•to the sue extent that -a private corporation of the f 1280916 nituds of the City of Iowa City would demand. :It.is.the Camittes's opinion that •.young lwyer without adequate exparience would not be qualified for this.positiose and - that the biting of a mingle full-time City Attorney -would result in an inferior quality of service .for .the City.• Iba Coenitteo proposes that the duties of • full-time iaaistest attorney, who could be a young attorney without the experience and maturity of the "Chief Legal Counsel" could be defined'.as follow c A. Advice to City Manager and Department Meads on routine administrative matters. g. Representation of the City on small claims. C. Maintaining.the Municipal.Code in current status. D. gepieaentiug•the Lw -Rost Housing Agenby. g. Rspresonti.og•the City." prosecutor in.folice.Court. 1. providing the folice.and fire -Departments with educational training Ash, requested. 0. presence when required'st meetings of the ierioue commissions of'the City.. It is the Comittse's opinion that the full-time City Attorney should be order the direction and control of.the "Chief Legal Counsel". The Cemmittes.recomsaods that the full-time attorney keep careful time regards of bis expenditures" both for the purposes of evaluating bin duties and him compensation. .x307 e -h ♦. It is the Cemittee's opinion that neither the "Chief Legal Counsel" or the full-time City Attorney should serve as legal counsel for the local Planning Anoncy under the Urban lanwal Program, and Chet maid Planning Agancy ohould be ropr000nted by separate counsel accountable to the planing Agaocy only. S. The Comittes recommends that the compensation arrangement for the positions of "Chief Legal Counsel" and the full-time City Attorney should be u followsi A. lull -tine Citv:Attarnovt An initial salaryof from 19,000.00 to X15,000.00; annually, depending upon the experience of the applicant. The City should furnish•tho full-time attorney with a private office,'secretarial services, and • basic law library, all located within tho Civic Center. It is anticipated that the "Chief Legal Counsel" would not have any law library. furnished by the City, but would utilize the services of the -Low Library in the Civic -Canter. B. Chief Legel•Cooneelt The retainer fee should be between 122,000.00.to.jI8,000.00 per year, without of flee. allowance. We retainer fee should be a miuimum annual fee,.and the Chief Iwghl Counsel.should adatain.and uubedt annually his actual time expenditure records,- In the.event the tins expenditure records.eamputad.at.the current Johaeon County Bar Aneociition Minimum les.8cheduls products a fas'in excess of the aonual retsiner'fee, said excess should be paid to the Chief Legal Counsel.as additional compensation. It is contemplated that the time expenditurea.should be -submitted annually, and -the additional feu, if.any, paid.at.tbe and of each year. 6. The Committee also foals that it will be necessary for the City Council to hire separate legal counsel. in bighly-specialised areas, and that it should not expect the Chief -Legal Counsel to be experienced and competent in.all.legal problemi,involving the municipal iovermment. The Committee will be pleased to meet with the City Council to discuss these recommendations in further detail, or to answer questions posed by the Council or City Administration. qly/su'bmit�d, ki.nYY. F I. •.ten x307 V40 -2- ZXH11IT "A" (coot 14.) Provisions from the Code of Iowa - 19661 365.27 Jurisdiction--attornoy--decision. The civil service com- mission shell hove jurisdiction to hear and determine all matters involving the rights of civil service employes., and may affirm, modify or reverse any cue on its writs. The City attorney or solicitor shall be the attorney for the commission or when requested by the commission shall present soy matters con- cerning civil service employees to the commission, except the commission in cities of over one hundred thousand population may hire a counselor or an attorney on a per din basis to represent them other than the city attorney or solicitor when in the opinion of the commission there is a conflict of interest between the commission and the city council. 366A.1(11.) Defend opploveos. Have power to direct the city attornq, or to employ an attorney, to defend any municipal officer or employees in any cause of action arising out of or In the course of the performance of the duties of his office or employment and to pay the costs of such defense. 410.2 and 411.5. The city attorney shell be a member of the Firemen's and Police Pension boards. 441.41 �eaal ll counsel. In the case of cities having an assessor, the city legal department sharepresent the assessor and board of review in all litigation dealing with assessments. In the cue of counties, the county attorney shall represent the assassor and board of review in all litigation dealing with assessments. Any taxing body interested to the taxes received from such assessments may be represented by an attorney and shall be required to appear by attorney upon written request of the assessor to the presiding officer of any such taxing body. The conference board may employ spacial counsel to assist the city legal department or county attorney ss the cue may be. ,?,W - ( _ Attachmen'� CITY OF IOWA CITY 06M d My Affimm" Jaft S. 1973 pan) J07406 no M s ]bust and city C.ancil 10% City. Iaan UM ht City Attoteys Srplamweat I spalogisa for not baviy forwarded this report to the Cowed] sadder. It is y spiaisa that the City Coaneil ahoold start the Procne as today an Possible to select y successor wbo car officially tahe office JunmT 1, 1171. I balisw that It fa imputative that this be done so that them can be sone sort of NMI bsI By DW=ao sr and yaalf an to a transition period. As I reported to the Council at tis meeting of dePartsent heads Let wet. I fMet that if the procedure can be followed that wane wed a!an I batawe City Attorney and KUSoappal reigned. that it win greatly hap to Preserve coatisdty L W position and amble y successor to got bis feat wet before the anti" ro- \sposaibillty In his. I would hops that the Coastal can Babe such • decision so that the non City Attoraq ay I cans hen apprvafaately two or three soatbe to welt together to Prepare for a smeoth transition. It L y underetaodiag that there is ave thought aaaag ase or eve of the Coaneilaan of the Possibility of appoiating a fautime City Attorney, rather ethan aneth Apert-tiaa arrasgenant that w Yes hare. I would strongly urge that the appeiut a fulUtiaa City Attorney. I do agree wholeheartedly with the recow andatfon of the City Attotnayle Study Caonittea of a for years ago, that the Presant situation L the asst d"Irablo cue and will sane to the beat advantage to the City of Iowa City. Casttary to soft coswants. I believe that the actual Cost to the City will be mach Lana than if the City appoints a full- time City Attorney. Also. I believe that the level of performance from the position that the City will tweaive. will be better. le order to expedite the Matter. I would ante the following recoaftadatiow to the Council is this area: a_ Jres IY gin :n Tie gmmenue mws cad Citi Gomm 1. I mum command Nat an city common lummustay commence solicitation Of ►lie for the office of City Attorney sea qct the City Council request as to mall a letter to ail attorneys is Jobasve County faforming them of the Opening Of Us, polder of City Attorwey, and the bowie responsibility and Coupensation of mat[ positiaa, and mating ting to advlaa No as to ebetiar or not tbay are later - acted Is the Position. 2. That after an appropriate elm bas spired, that the City Coonell Later - view dl interested perwvs and arta • aaleetlam of the City Attorney at ouch ting as say be appropriate. 1. not tberaafter, as early as nay bs arranged bstmeon n successor and myself, that the ass, City Attorney begin to eaeealt oitb an and to attend ametlags of staff and the City Covell ware appropriate to enable bin to wort Into the ars job. 4. Tbot after dleeussion with my sueceasor, that be and I determine what matters that are perding beve }regressed to aaeb a stage that I should Coatings to •handle tbv uetil final disposition, acv though sueb matters year 1974, and that upon the joist rsmaodation of v7 }and wy Lte tbt the City COvell st soCaaan and by Ira tbat approve or dlagprove this eacoaarrdatltn v v item y fang beefs• I would be happy to disease the above sea plan with tie City Cevefl and 2 would recommend stremgly that tbewe suggestions be dtaewwsed at a early data is order that the appropriate decision say be aria as 1dek17 as passaL. bm"aetfally eainitred, city Atteenq JU:sb 0 • i -3- aooWcil, MIWQ:'EE JDs 12, 1173 It was now by Connell and eoaconded by White that the rules be suspended and the lot reading of the Ordinance lemon-' ing Kelley Cleaners property, 120 S. Gilbert at., fruit C2 to CO sone, be given by title only. Upon roll Call Czarnecki, Hickerson, White, Brandt and Cannell voted 'aye', Let role" given. It was no. by White and seconded by Connell that the Resolution Approving Agreement for Joint Use of Pacilities between School District of Iowa City and the Iowa City Conunity v adopted. as discussed at the 5-22=73 sssstiag. Upon roll call Csaraocki, Riekerson, White, Brandt and Canaell voted Dayr'. bion Carried. May= Brandt Opens discussion Of the Baal o! pada ing on Newton Bond. after discussion. it was moved by dCck- erson and seconded by Czarnecki that the propoesd resolas the We me 160Cwtibe assailed to ot bloeft Of Merton Riad, only tian carried. �it um mooed by mcckarsam a' and secooded by Czarnecki that the aeaolstiom, as Amended be adopted. Upon roll all Nickerson, lite, Cowaall and Csar- mecii voted Dawes. Brandt voted leap% Notism Carried Qu NhwCr Brmo t stated that the Staff meedsd time to asalsse alternatives ad rsccmm maaticos by the citisea impst yvap }c and seconded by alchursom ��ft•t the It was moved by Comm!! Notice caned. t 4 drfssswd >• dews. The Staff report on the denial of the request for wee oe a vacant lot at 333 S. Lucas St. as a baetttbeil can was ,or noted On the agenda narrative. after dixmsica it was aped by site and seconded by Czarnecki to refer to Parks i Bmerse- tion for report. hearing m ordinance Amending o Brandt stated that this was the time for peblic Standards for Si Zoning Ordinees totablishiq Signs. Dennis =raft, COsssaity Deoelgm mt flit. gave the Staff report on the Proposes azdiaaaoz. !hose appear- ing were: Jim Maynard, Co-ehaism.en Project Greama; 1606 flighlaadI Richard Burger, Pres. Chamber of Casmrrce; Robert Walsh, 2526 Mayfield Road, Chun. CHIC; Paith Knovler, Pres. League of Women Voters; Irving Seller, Supr. Central States Theaters with Atty. an. Sueppel, 100 S. Linn and John Weff, 605 arook- land Park Dr. After further discussion by the Staff and Council, the Mayor declared the hearing closed. The Council discussed City Attorney Honohan's recommends - tions concerning selection of his successor. After discussion, i. it was moved by Hickerson and seconded by Prondt that the City ALLuruey advise the Johnson Co. Bar Assoc. or any other Har Assoc. of the position open as a first step. Motion carried with white voting 'nay'. e Attachmer ; i CITY ATTORNEY JOB DESCRIPTION The City Attorney serves as general counsel for the City of Iowa City. He or she supervises the work of the Legal Department and provides legal advice and counseling to the City Council, City Manager, and City staff. The City Attorney and the Legal Department prepare City ordinances and resolutions for City Council consideration, works closely with the City Manager in providing legal advice to the administration of the City, attends all formal City Council meetings as well as informal City Council meetings when needed and also attends meetings of various boards and commissions as needed. The City Attorney and staff also represent the City in all litigation brought by or against the City in state and federal courts. The City Attorney and his or her staff handle all misdemeanor prosecutions in magistrate's court involving City ordinance violations. The City Attorney serves at the pleasure of the City Council and is answerable directly to them. Com- pensation for the office is established by the Council with compensation generally on an hourly basis for work performed for the City. The City Attorney is permitted an outside law practice and generally is a lawyer with experience. As indicated, the City Attorney supervises the work of the personnel of the Legal Department and also is responsible for the interviewing and hiring of Assistant City Attorneys as well as their discipline and if necessary discharge, all subject to City Council approval. x307 achment DISCUSSION OF DUTIES AND RESPONSIBILITIES OF THE CITY ATTORNEY The job description for the City Attorney's position only hints at the y Attorney administersand lanes of the office which Attorney. The City Y presently consists of three full -t andAfromttimeCtoytime Attorneys as well as clerical help law clerks. This job involves careful supervision of the work of this staff, consultationswwithith the various on eroblemsnel as they arise as well as dealing organization. As the problems that are inherent in any person responsible for the "care and ft ding" of theproLe. l Department the City Y er support is provided to the Legal Deparsympathetic administrative the present with coopeent. in times like rative and sympathetic personnel as well as Council members this task is not diffi- cult. In times unlike these the task can be quite difficult. The City Attorney handles litigation on behalf Aofothe s City and supervises the work of the Assistant Ciy Typically y who are also of Iowaling City will9havenfor betwe between 40 cases the City appellate pending at any one time in the state trial courts, aPP courts and federal courts. This number does not include the large number Of prosecutions dled mnthly Y the City nesoffice. This heavycaeloadrequires the Cit Attorney and Assistant City Attorneys. It is important constant attention portant for the City Attorney and legal for staff es be able staffresist and othersday whenday necessarysin orders services by City important litigation matters. Typically to avoid neglecting in the past there has been more legal work to do than time and personnel to do it in, at least within hinof pthe schedules is con- stantly would like, and therefodemanding the attention of the City Attorney. The City a problem demanding The City Attorney himself or herself need not handle all of the litigation by any means. Indeed I have found it important to delegate significant amounts of litigation work to the legal staff. I have followed a practice of desilnatinge foraone attorney in the office as the attorney particular file or case so that responsibility for each case is clearly outlined. Generally I have not atteemmptedtolegal staff carefully monitor each specificstep isken bsimply not enough in each case handled bythem. time available to do that even under the best of circumstances. E,v��Eo 0234% - z - Rather, I have attempted to serve as a resource person when questions concerning cases would arise and have found it important to impose an over-all supervisory overview on the conduct of all litigation particularly where the litigation involves matters of particular sensitivity or interest to the Council or City administration. Some cases involve quasi political issues which demand the attention of the City Attorney even when the case itself is handled by an Assistant City Attorney. Assistant City Attorneys are told early on in their jobs that they will be delegated important cases and they will be expected to handle those cases com- petently and thoroughly. In part this approach has been followed because of the limited resources available to the office and in part is a general reflection of my philosophy concerning delegation of work. I am pleased to say that with few exceptions this policy has worked well and it has been particularly helpful in attracting able and bright attorneys to the office. Oftentimes the City Attorney must spend considerable time counseling with members of the City Council concerning City legal matters. The amount of time actually spent depends upon the style of each Council. At present consul- tations with individual Council members are infrequent. In the past there has been much greater frequency. Great care must be taken in consultation with any individual member of the Council to avoid partisanship on any political issue and to avoid becoming involved in any political by-play going on in the Council. On the other hand the City Attorney must not be afraid of stating his or her position forcefully and clearly to individual Council members as well as to the Council as a group on sensitive issues that have legal overtones. Indeed, one of the most important responsibilities of the City Attorney is to provide a general legal counseling service to the City Council. The City Attorney is respon- sible to the municipal corporation, that is to the public of Iowa City as a whole. That municipal corporation acts through its City Council but the City Attorney must not fear or neglect to state clearly his or her position con- cerning planned Council action even if such statements incur the displeasure of the Council. One of the important reasons for the policy of having a City Attorney who is a regular practicing attorney and who is not employed full- time by the City of Iowa City is to assure a degree of independence and thus objectivity in this important legal counseling function. While attempting at all times to cooperate with the Council and with the City administration a3a7 - 3 - to the greatest degree possible the City Attorney must not be afraid to stand up for his or her position on important legal issues. Often these legal issues have political or policy overtones. Sometimes they are controversial and accompanied by considerable public pressure. The City Attorney must be able to resist that pressure. While the City Attorney is not hired by the City Manager and is not responsible directly to the City Manager rather being co -equally responsible to the City Council I have followed a policy of attempting the greatest degree of cooperation with the City Manager as possible consistent with the over-all duties of office. I highly commend that policy to my successor. If the City of Iowa City is to ful- fill its important governmental functions, it is crucial that the City Manager have the utmost confidence and trust in the City Attorney. He or she must feel that the City Attorney can be consulted on a legal problem or a problem concerning the legal staff and that the City Attorney will treat the matter with the utmost discretion. The City Manager must have confidence in the legal ability and advice of the City Attorney. Oftentimes legal advice carries a high degree of judgmental input and it is very important that the City Manager have confidence in the judgment or judgmental input of the City Attorney. I have attempted wherever possible to allow the City Manager to establish priorities for Legal Department work. Since the City Manager is responsible for the over-all administration of the City and is the officer to whom the Council turns to see to it that its policies and initiatives are executed, it is important that the City Manager have the full support of the Legal Department in carrying these policies out. Therefore work with the City Manager on establishment of priorities is important. It is also important, I think, that the City Attorney be a person who can accept not being listened to. On many occasions that I can recall my advice has not been followed by the City Council or the City Manager. I think the City Attorney has the responsibility to give legal advice. He or she does not have the responsibility to dictate a particular decision, particularly in areas involving over- all political or administrative policy. Therefore the City Attorney should not hesitate to give advice when requested or, if not requested, when appropriate but should not be unduly upset if that advice is not always followed. Along the same line, it is important I believe to survival in this office that the City Attorney not become involved as a partisan in City policy issues. It is very tempting to ,2307 —a— become involved in City policy making in non -legal areas. After all the City Attorney has the ear of the City Council, the City Manager and other City staff members. All City Attorneys, being human, have opinions and although occasional expression of those opinions in a casual fashion is certainly harmless partisanship and involvement in City policy issues by the City Attorney is, I think, very counter-productive. The City Attorney's position is a fascinating and exciting one. It provides an opportunity for a lawyer to fill the highest responsibilities of the profession and to engage in legal counseling that will have a significant impact on the community. An effective and able City Attorney and Legal Department can significantly assist the city government of Iowa City in providing the services and programs needed by the community. ,;?3a7 TITLE: CITY ATTORNEY DEFINITION: Attachment 8 Under direction of the City Council performs work of unusual difficulty in municipal, civil, criminal and administrative legal work; and performs related work as required. EXAMPLE OF DUTIES: Directs the legal affairs of the City as a corporate entity; provides that the City is properly represented in all its legal proceedings; prepares and gives legal opinions on all phases of municipal government; gives legal advice to City Council, City Manager, department heads and other City officials, and City boards and commissions. Represents the City and City officials in litigation in which City or City official is either plaintiff or defendant, including the preparation of summonses, petitions, complaints, and answers; interviews witnesses, does research, prepares briefs, negotiates settlements, appears in District Court and before state boards or commissions and handles appeals when necessary. Studies and interprets the Constitution, laws, important decisions, City Charter, ordinances and other legal authorities, as necessary to give legal advice or prepare opinions. Drafts ordinances, resolutions, petitions, pleadings, briefs, contracts, deeds, leases, and other legal instruments. Organizes, assigns and supervises the work of office and professional staff; delegates work as required for the proper functioning of the Legal Department. Attends all -regular meetings of the City Council, and informal Council meetings as directed. May advise, assist and participate in the City's collective bargaining and labor relations activities. TRAINING AND EXPERIENCE: Admission to the Bar of the State of Iowa, and four (4) years of experience as a practicing attorney; or an equivalent combination of training and experience. KNOWLEDGE AND SKILLS: Considerable knowledge of: legal principals and practices, including civil, criminal, consti- tutional, zoning, labor, and administrative law and procedure. a.3o,7 trial procedure and rules of evidence. the principals and practices of public administration. Considerable skill in: analyzing and applying legal principals. presenting statements of law, fact and argument clearly enc logically. the planning and practice of effective court cases. preparing proper legal instruments. winning the confidence and cooperation of others. conducting legal research, analyzing data, determining the proper course of action and presenting facts and arguments. directly interviewing the work of professional and office staff. the organization of staff and resources for efficient and effective delivery of legal services. a3o7 City of Iowa City MEMORANDUM Date: October 8, 1984 To: City Council From: Dale Helling, Assistant City Manager Re: Picketing of Firestone Store Council recently inquired regarding the status of a permit for the above -referenced activity. A permit was issued by the City Manager on August 1, 1984, to Mr. Frank Rochwick, Jr. which authorized such picketing for a period of 30 days. On that application it was indicated that Frank Rochwick III would also be involved. That permit expired on August 31, 1984, and there has been no subsequent application for a new permit. The City Manager has determined that the City cannot specifically require a permit for this type of activity unless two or more people are involved. Therefore, it would not be necessary for Mr. Rochwick to renew this permit unless more than one person will be engaging in this picketing activity at any given time. The City has not been made aware of any such occurrence since the expiration of the permit. We will continue to monitor this activity and take appropriate action in the event that any violation occurs. cc: Hary Miller; Police Chief bj5/4 .203Y City of Iowa City MEMORANDUM Date: October 11, 1984 To: City Council From: Marianne Milkman, Associate Planner hf( Re: Council's Request for Notification on Board of Adjustment Decision for 624 S. Gilbert Street At its meeting on October 10, 1984, the Board of Adjustment approved Mr. In Ho Shinn's request for a special exception to permit dwelling units above the proposed oriental food store at 624 S. Gilbert Street with the following conditions: 1. That the access to Gilbert Street be restricted to the existing curb cut only. 2. That no access be permitted to the alley east of the property. 3. That parking for the dwelling units be designated at the rear of the building. 4. That the ground floor rear door be designated as a delivery entrance. In addition, Mr. Shinn stated in a letter dated May 16, 1984, that he "...certifies full cooperation with appropriate state and federal agencies for monitoring and testing during construction to ensure no public health hazards will be risked for the project and its future occupants and owners." bc4 Xe :Ity of Iowa City'' MEMORANDUM Date: October 2, 1984 To: City Council From: Douglas Boothroy.- or, Housing and Inspection Services Re: The Establishment of the Shared Housing Program The Shared Housing Program offers opportunities for shared living arrange- ments which could improve, not only the quality of housing for many elderly and handicapped persons, but also the quality of their lives. Shared Housing is defined as "an arrangement where two or more unrelated people share a dwelling, each having his or her own private space." Elderly and, handicapped persons requiring assistance due to health, financial or emotional concerns are matched with others who are willing to provide help around the house or merely companionship in exchange for low-cost housing. The primary goal of the Shared Housing Program is to facilitate compatible matches. This program encourages the elderly homeowner to remain independent through shared living. In recognition of the need for supportive living arrangements for the elderly and handicapped persons, the Housing Commission and the Committee on Commu- nity Needs have recommended $15,000 in 1984 CDBG funds for the development and implementation of a Shared Housing Program in Iowa City. These funds will be used to contract with a service agency to administer the Shared Housing Programa The staff has developed a manual describing program procedures and staffing requirements to be utilized by the contracting agency. Enclosed in the Council's packet is a resolution approving the Shared Housing Program and authorizing staff to solicit proposals from eligible organiza- tions to administer the program. The committee working with me on the Congregate Housing project will assist in the evaluation of the proposals. If the Council acts favorably on the resolution, I would immediately send out requests for proposals so that the Shared Housing Program can be established prior to next semester. Also included in the Council's packet are the following documents: 1. Invitation for proposals from contracting agencies. 2. Application procedures. 3. A plication form. 4. Shared Housing Program operational manual. /sp 8y aha. RESOLUTION NO. RESOLUTION APPROVING THE SHARED HOUSING PROGRAM MANUAL AND AUTHORIZ- ING THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO SOLICIT PROPOSALS FROM ELIGIBLE ORGANIZATIONS PURSUANT TO FEDERAL REGULATIONS (24 CFR PART 570.201) TO ADMINISTER THE SHARED HOUSING PROGRAM FOR THE ELDERLY AND HANDICAPPED RESIDENTS OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to the elderly and handicapped people in Johnson County who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City has budgeted $15,000 in 1984 Community Development Block Grant monies for development and implementation of a Shared Housing Program for the elderly in Iowa City, and WHEREAS, the City has developed a manual for said Shared Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That the Shared Housing Program Manual, attached hereto, is approved. 2. That the City Manager or his appointed designee is hereby authorized and directed to solicit proposals from eligible organizations pursuant to federal regulations (24 CFR Part 570.201) to administer the Shared Housing Program in conformance with the program manual. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: Passed and approved this ATTEST: CITY CLERK NAYS: ABSENT: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber day of , 1984. 2VT e Ie�jal Co,ar x•at CITY CIVIC CENTER Gr IOWA CITY 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D September 27, 1984 Dear Friend: The City of Iowa City has been researching various housing arrangements for the elderly and handicapped residents of Johnson County. The primary goal of the research is to offer these persons a variety of housing alternatives that will enhance their ability to live independ- ently, thus avoiding premature or unnecessary institutionalization. One alternative, home -sharing, is an arrangement where two or more unrelated people live together, each having their own private space and sharing other common areas like the kitchen and living room. People may wish to share their home for different reasons, including assistance with housing costs, meal preparation, house cleaning or just companion- ship. The City has budgeted $15,000 in 1984 Community Development Block Grant (CDBG) monies to develop and implement a Shared Housing Program for elderly and handicapped residents in Johnson County. This $15,000 will be used to contract with a service agency to provide a Coordinator to be responsible for administering the program. The City has developed a manual describing program procedures and staff requirements to be utilized by the contracting agency. An invitation is hereby extended to eligible organizations pursuant to Federal Regulations (24 CFR Part 570.201), including your own, wishing to submit proposals for contractual arrangements and implementation of the program. Proposal packets and information regarding requirements for the proposals is available at the Department of Housing and Inspec- tion Services or the City Clerk's Office, 410 E. Washington Street, Iowa ity, Ir1pwa,- one 356- 121 or 356-5248. t4 elyy , Doug as othroy, Director' Housing a d Inspection Services /sp ME= SHARED HOUSING PROGRAM CITY OF IOWA CITY INSTRUCTIONS The City of Iowa City has budgeted $15,000 in 1984 Community Development Block Grant (CDBG) monies to be used to develop and implement a Shared Housing Program for the elderly and handicapped residents of Johnson County. Attached are the forms and instructions for non-profit agencies wishing to contract with the City for the administration of the program. Eligible organizations (pursuant to Federal regulations 24 CFR Part 570.201) interested in contracting with the City are to complete the application form and deliver it to the Director of Housing and Inspection Services, 410 E. Washington St., Iowa City, Iowa, by 12:00 noon, November 19,1984. No extensions will be granted. After reviewing the applications, the City will select the recipient and announce its decision on or before December 4, 1984. In evaluating the proposals the City will consider many factors, however, greater priority will be given to the following: The organization's plan and schedule for implementation. Planning and budget information is requested for two and a half years. This will facilitate a request for 1985 and 1986 CDBG funds. Please include information on staff recruitment, public information, volunteer training and program evaluation. The ro osed location of the Shared Housing Program office. The office s ou a convenient y locatedin downtown owa ity so that senior citizens and handicapped residents will be able to make application with greater ease. The Senior Citizen Center on Linn Street will make space available upon request. Funding for the Shared Housing Coordinator. The purpose of the City a�cation and monetary support is to provide a Coordinator to admini- ster the Shared Housing Program. A description of responsibilities and minimum qualifications is attached to the application. If the agency decides to recruit within its organization, they must agree to replace that staff member with a new employee. The City has designed a manual to assist the prospective contracting agency in developing the Shared Housing Program. Please review the enclosed manual and use it as a guide in developing your proposal. Model leases and other administrative materials are available in the appendix. Contact the Department of Housing and Inspection Services at 356-5121 or 356-5240. INSTRUCTIONS: I. AGENCY INFORMATION Please insert agency name, address and phone. In addition, include the name and position of the person completing the forms. A board or staff member who has agency authorization to contract and the date of board approval of application should be indicated. Please attach a list of current Board members. '2,)(1-0 II. PROJECT EXPECTATIONS AND PLAN IMPLEMENTATION A brief description of the agency's current program(s). Include a statement of how the Shared Housing Program would be consistent with current agency's goals. Describe an implementation plan including timeframe for staff recruitment, volunteer training, public education and program evaluation. III. PROPOSED BUDGET FOR THE SHARED HOUSING PROGRAM Include budget information for the remainder of 1984, as well as 1985 and 1986 in the event that additional funding is allocated. Please detail non -salaried items and indicate how they will be funded. IV. CURRENT ANNUAL BUDGET FOR TOTAL ORGANIZATION 1. Attach a copy of the agency's current annual budget detailing all sources of funding and expenditures. 2. If the agency has applied for or received United Way, City of Iowa City or Johnson County funding, it should attach a copy of its current human services agency budget form (cover page and budget summary only) in lieu of the budget for "1" above. ,:;?4VU APPLICATION FOR SHARED HOUSING PROGRAM I. Agency Name Address Phone Completed by Approved by Board on Authorized signature Date Board Members - attach a list. II. Project Expectations and Plan Implementation (Please attach separate sheet) III. Proposed Operating Budget for the Shared Housing Program uec. tyaa 1985 1986 (Estimate) Grant Other Grant Other Grant Other Salary Employee Benefits d Taxes Staff Development Rent Utilities Telephone )ffice Supplies )ostage iquipment Purchase 8 Rental hinting and Publicity ransportation nsurance Ither (Specify) IV. Total Current Annual Budget (Please attach separate sheet) aoV-0 MINUTES OF STAFF MEETING October 10, 1984 Referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached). The Finance Director announced that a memorandum regarding handicapped accessibility will be going to all City employees. She emphasized one item in the memorandum regarding rooms for public meetings - all meetings must be held in rooms which are accessible beginning October 17. The only accessible room in the Civic Center is the Council Chambers. The Conference Room, Law Library and Engineering Conference Room in the Civic Center are nonaccessible. The Recreation Center, Senior Center and Public Library have rooms which are accessible. However, the Recreation Center is booked for the next several months. Reservations for rooms in the Senior Center should be made with the secretary. It will be the responsibility of the staff person to pick up the key and to make sure the room is locked after the meeting since the Senior Center is normally closed at night. Reservations for rooms at the Library should be made by calling the AV desk after 10:00 A.M. Reservations can be made for only a few weeks in advance at the Library, not on a regular basis. The staff is to contact the Finance Director if problems are encountered in finding meeting space. The City Manager added that the transit building would be an additional possibility for meeting rooms since the building is accessible and ample parking space is available. The City Manager reminded the staff of the October 16 meeting with the City Council to review accomplishments during the past year, goals for the next year, and problem areas in each department. The presentations should be no more than ten minutes each. Information for the presentations should be furnished to the City Manager within the next two days if this has not already been done. The meeting will be held at the Public Library beginning at 6:30 P.M. Prepared by:gw o.r..A-L- 0 Lorraine Saeger ad �4i Regular Counc October 9, 191 Screening Re Airport Clea Stun Guns Lawrence Macl Maiden Lane P Urban Enviror N O Fort Dodg by cutting e follows Sioux costs with priv t9y atEP�N elrrrnT+ adww Oise w,rr FORT DDIOOF. _t'A. - 9Vhes.the sewage plant ben was unable to meet federal pollution standards and the sewer fund was 9650,000 in the red, city officials decided to pass the buck — and inthe process saved nearly 100,000 bucks . Last week, operation of the clty'a sewage treatment plant hem became the responeibiilty of Metcalf i Eddy Inc., a Boston, Nes. engineering firm that guarantee it will meet the peva• eta regdtvmmb that the cJty ford alslve. And the company will Marge the city only $499,900 the first Year, in contrast with the 9595,469 that city of- ficish predicted es their out aperal• bar Dodge became as of the nru titin In Iowa to mach a cooclusia that many public officials acres the stateandcasotry an cosiderini Pri- vate industry can operate sophistical - ad sewage treatment plaas; and am provide some other traditional munlo- ipa service, more efficiently than government ern Ston: City turned the operation of Its sewer plant over to a hilsespotb,. Min., company two yeah ago and re- newed the agreemed this year for ass- other t other five yam, City Manager J. R. Casper sad.' Officials said Port Dodge Is the only. city in the Mate a far to follow Slon City's lead, al- though several small tows with plants that do not require full-time op• erstor$ have private contracts. And officials In Iowa City and la Porte City aro eaadming gang one step further, to a privately owned PIMAor � W seven that aro pd-. "I tWk It's difficult for a mucid•; panty, to operate a plant is sophirti- ated es they,have m be today," said Joe McCivro: tlarmaa of the egl- e.eriag th■Itdesigned the 1ertDodp ". ' . 115-MllBoe,lAwsalt. The city bas Bled a 916•mllvou law - wit darglsg Wt McClure Eagiaxr- lag Ca. of Fort Dodge "wrongfully concealed" several defects la the Fart Dodge p1aeL But the company has le- vied the ekarges, blaming operators for the planl's problems. Normae Miranda, Metcalf i Eddy's regional manager, said, "Wo haven't been in them long enough to point any finger." But he Bald his company will operate the plant more efficiently than the city did and will PAY any Roca City lead ate sewers u tke at falls to meet povala standards after 12.5 million la planned improvements are made. Jane Burleson, the only Fort Dodge City Council member to vote agabnt the switch, was worried that local coo- trot would be sacrificed and city work - as would lox their Jab• Both fears are uninesded, sad Mlr- so" am Will am" Use 11011 and the ret+akting d former city e� pwym here for the Nal few ma s" I bolmowIs 0MWwe . The chy did anti have am" before, M"nb UK , I I caws wen 00t adceetrd and W pl+K va onable to MWW the Weep lad 9114 compo with federal lawa, . Sewage in Parkh{ Iwt In fact, said Rickard Meters. Ad* whoastc sma wassistanthelthe dpaRk+ lerly bevy, ""up literally flan acres the parking 10t.01 the ower plaadowv W the Aver." Aa0 a lf that were11't bad emeglr, save 44 PMIut 1. AMR 18 erne wen W /W N Milch 'That's the sat control a team will ever hen over a alWty," ad. Riven - ds. Fort lodge residents aro still billed by the city end rata have 11dchaage'd siva the 0 pareest kneresae in Apsryils,- . who the city wen sWl rales the ll tem. The Increase was to be roed the rates a avlrp, two ties :� MhmeipeW company has cat back to Fort Dodge operated Its plot with 15 employees and all were guaranteed Job with Metcalf k Eddy for air months, one of them chose to retire, but the other II are now employee of Metcalf k Eddy, Nielsen said. He said the company eventually wants to re- duce the work force to nine or 10, but be said the company baa pledged to re- train any employees It will not keep and help them find other work be '/1 l i !'f f "9d hope to not have b lay anybody off," Mtreda said. "We're going to spend a Id of Uvne and many training those employees" Trader Offen U the company decidee the plant is overstaffed, some workers might be offered transfer$ to other Metcalf t Eddy planta, be ad& The aanWnY OP' crates eight plants throughout the United States and is expanding, Mir- anda Bald. A new plant to 13110011 wW be ready nest year and will, need trained workers, be acid. 10eicalf i Eddy can operate the Fart Dodge Plant for less money, and still make a profit, because of the company's expertise and bulk par- chaklag, Miranda asci Niehaus said. The company „wrote the book." on sewer -plant operation. Miranda said. sed it UbM 2005001141 Is e company problem dealt with that Prob- lem a plea of eguipmest before Ed can provide solutions Inadditloo, Metcalf a Eddy's erpe- pvs R W kwwwWP to Operatdesigning 5412111 etthe plant mom efficiently, ping more wage with les labor, materials And power than may municipal oper- atorasald Wands, who said be as- pnbad wwage treatmst operations la Tama, Iowa City And Stas City before )Blab{ Metcalf L Eddy About I% years ago. FAcalatlag Fen Nielsen, the assistant to Mayor James Javrin, said one concern the city has 11 that the company's low fee oenM�yarr contract, the te as time goes on. During will Ineraae only a mod es the Can- Price ao- asrmer Pries Inde, be said, but "Yost have to think won't look as two v rs awav"twhen the can- is the plant, Castner sad. m admuoo, Be said, productlon of methane ger, which the city sells to Ion Public Service Co., hsa Waeaaed tenfold and the city Is meeting the pollution dis- charge fesh!W005 R NW6 Dot meet before. The decision to move to Private oP- eration of the Fort Dodge plant went beyond expenses and pollution stan- dards, officials said the plant, as It was operating, would not be able to handle the Increased sewage now that most new Industries would bring -.And ao i � this city meds new Indostty.7Le Hoe - and park plat, with abet Na wak- en, was Fri Dodge's bkpst empley- erbafaekdosdle fop. fawn Ute is omdderlon a wide vs. Berlin sold. Me many dues, Iowa City, finds Itself medlng improve - mania to Its sewer system now, but its tam for federal sewer amts Is sever- al yuan away and ancerlaln even OIL Ler lsdaal Many rmenIsobviorly leer and les fed - ed money ad thaws going to cow tiro to M Is= and WE federal mow ey," he WK a cities ars considering a samples ad evermhaagle{ arrsy of . new ways to fWxv public work q)sets wlthod waiting for federal A few years cep It was very dm�. i iwasivBv11WWLBdnewpr�i- ver aepaa u sad cities be" "ne .. urge aMOruttm .:. that there's an waytebeewwktwe7lfkeaByd0." M SAIL 1 , ., Meteall 6 Eddy L developing a pro- posal for Iowa Qty. . Private comps an mw a city money, evm witboat tM lwlp d feder- al pats, Mllraeds said, because cow stmctlod cats keep aalsftg while Was wall for their tam atthe federal hovacemmerclal operators also have sipmead tan advantage that an ad avallabte to dues, seek as W ie- restmeet credit on equipment, said Larry Capek, president of American Water Resources. a eomanv that is Mara towns Interested selling their . sewer plead, gas Qty has eeetracle f�p r tloq�ofandaiort�e. croser.1, TAhftMClintonandDav- eaport have privately owned water Qetea Hlehm uld Fort Dodge considered bre cot from twice a week to weekly. 7M city isnot seeking private involve - mat In the localbus system, Out "if somebody came forward with a good proposal to combine city and school bus service, we'd wre look at It," he sslL Da Melon area mayors are stody- log whether the financially troobled Metropolitan Transit Authority should be bound over to private operators or sold. The more toward private bodees radforevayonstk qoL"7beeare a let d rwpoaaibls ad koowledgable .Operators". working for lows cltiaa, said Bill JWdaoq an official of the Iowa Department of water, Air and. Waste Management, and for those towns, there is m reason to tamper withsoens. ' - "We only get calls from commai- tin that ben a problem." Mirada _ nit "As long a yon on tarn the • team a or flab the stool, no am ever Mob of the utility systems." ,,?D �4a— City of Iowa City MEMORANDUM Date: October 19, 1984 To: City Council �/ From: City Manage' v Re: International City Managers' Association Annual Meeting Several weeks ago I attended the annual meeting of the International City Management Association in San Antonio, Texas. The following two themes were emphasized in both the workshops and general sessions: (1) City governments must play a stronger role, and provide greater leadership in economic development; and (2) that managers must strengthen their investment in positive people through a team management approach. Government generally spends too much time on negative people. The best speaker was Rosebeth Moss Kanter who spoke about her book: The Change Master: Keys to Successful Innovation. Prior to the initiation of the conference, I attended a one -day workshop on negotiation. The workshop emphasized all types of issues which require resolution rather than just collective bargaining. One of the speakers at the conference was the mayor of San Antonio, Henry Cisneros. He spoke about the need for cities' leadership in economic development and ways in which to bring dissenters into government so that they do not become obstacles for positive action. He emphasized strongly the need for government to have a pro -active posture. Also, I attended a meeting of the Technology Improvement Coordinating Committee. We discussed a reorganization and strengthening of the program. Several of the managers from Iowa got together and talked about the need for the large cities in Iowa to develop greater cohesiveness in working with the League in the Legislature. Since that time several of us met at the League of Iowa Municipalities Conference and agreed to have a follow-up meeting with the major cities in the near future. It is important that Iowa City have a role in this effort. bdw/sp Zity of Iowa City MEMORANDUM Date: October 16, 1984 To: City Council From: City Manager /��� Re: University Heights Water Contract A representative of the University Heights City Council again has requested that the City renew the water service contract with University Heights. The contract expiresin 1991. I have discussed this matter with Mayor Chan Coulter. Apparently the University Heights Council is concerned that in 1991 the City of .Iowa' City may not be interested in renewing the contract and at that point Univers.ity Heights would not be able to seek an alternative source of water. It would take University Heights approximately three years to develop an independent source of supply. Because this is the nature of their concern, I suggested that the existing contract be amended so that the renewal would be considered at least three years prior to 1991. I have requested that the City Attorney staff prepare an appropriate amendment. If you have any questions concerning this matter please contact me. Otherwise, I will proceed to present this amendment for City Council consideration. cc: City Attorney /sp a0 fz�z City of Iowa City MEMORANDUM DATE: October 12, 1984 TO: City Council, Parks and Recreation Commission, Department Heads, Parks and Recreation St ff FROM: City Manager RE: Acting Director of Parks and Recreation Effective October 12, 1984, Mr. Al Cassady will serve as Acting Director of the Department of Parks and Recreation. ao yes City of Iowa City MEMORANDUM Date: October 17, 1984 To: City Council From: Fred Zehr, Airport Manager Re: Iowa City Airport The Iowa City Municipal Airport, located on the southern edge of the city adjacent to Highways 1 and 218, is one of 114 publicly owned airports in the State. These airports have been grouped by the IDOT into a hierarchy of five classifications according to an airport's primary function. The Iowa City Airport is one of 16 Iowa airports in the Basic Transport category. This category, second within the hierarchy, is defined as airports which will handle all aircraft weighing 60,000 pounds or less, as well as commuter airline service aircraft. The Iowa City Airport serves all of Johnson County and many of the surround- ing counties. In 1982 more than 360 registered pilots lived in Johnson County, thus placing it as one of only 11 counties in Iowa to exceed this level. During a one week survey period in June 1982, 61 aircraft (the majority of these aircraft are registered in corporation names) were based at the Iowa City Airport, ranking it among the top ten airports in Iowa. During this one week survey period, the Iowa DOT recorded 524 operations in or out of the Iowa City Airport and 134 "touch-and-go" practice landings. The maximum number of operations during a one hour period during the survey was 22 and during a two hour period the maximum figure was 37. Due to the unique characteristics of the Iowa City Urbanized Area, the need for a viable airport is especially critical. The 1982 Iowa Airport Sufficiency Ratings estimated annual operation at the Iowa City Airport at 47,000 operations. An operation is either a take off or a landing so there were 23,500 aircraft in and out of the Iowa City Airport. If we estimate that 3/4 of this traffic is transient, this would be 17,625 aircraft from out of town. The average aircraft occupancy rate is figured at 3.2 per aircraft. The Iowa City Airport thus draws 56,400 visitors to Iowa City each year. The average expenditure per visitor a day (for lodging, meals, taxi, shopping, etc.) is estimated to be $25. $1,410,000 is directly generated by the transient users of the Iowa City Airport. To carry it a step further and obtain the total community dollar value of general aviation transient traffic, multiply the total direct spending figure by four (Chamber of Commerce estimate that each dollar spent directly turns over a minimum of four times in the local economy) to get a community value of $5,640,000 by the Iowa City Airport per year. The University of Iowa, with an enrollment of approximately 30,000 students, is dependent upon adequate air transportation in and out of Iowa city for visiting scientists and scholars, faculty, athletic teams, University and State officials, and alumni. The University of Iowa Hospitals and Clinics, the nation's largest University -owned teaching hospital, is a frequent user of the Iowa City Airport for vital services including air ambulance service, kidney, eye and other organ transport, and charter service for physicians o?o SZ6 from University Hospitals traveling to clinical outreach programs throughout the State. The general aviation services provided through the Iowa City Airport are considered essential to the Hospital's programs to provide tertiary level patient care and outreach educational services to the citizens of Iowa. The -City's economic development policy states that the City will seek industrial growth, especially in the office and technical sectors, to diversity its employment base and encourage expansion of existing industries. Approximately $40,000 has been spent this fiscal year by the City on its economic development program. The availability of adequate aviation facilities has been cited by existing and potential industries as important in their consideration for expanding or locating operations here. It is very important that existing private industries rely on the Iowa City Municipal Airport for their air transport needs. A partner in the Iowa City based architectural firm of Hansen Lind Meyer recently stated that the growth of their firm and their ability to serve clients around the country is closely linked with the capacity of the Iowa City Airport. A spokesman for Owens Brush Company, also located in Iowa City, states that his company and many of its customers and suppliers fly company owned aircraft in and out of Iowa City to conduct their business. Sheller -Globe flies their executives in and out of Iowa City on the average of two to three times per week as well as a level of air freight is flown out for them. Several other local business persons have also expressed similar statements about the need for an adequate Iowa City airport. Construction was completed in the fall of 1984 on the $12 million downtown Iowa City hotel complex. This hotel contains meeting facilities for more than 500 persons. The hotel will also contain a state-of-the-art telecommu- nications center whereby the hotel can serve as the site for regional conferences. It is anticipated that a large number of hotel guests will fly in and out of the Iowa City Municipal Airport. In conclusion, Iowa City currently has, and will continue to have, one of the State's busiest basic transport airports serving the business and community needs of Iowa City, Johnson County and the surrounding areas. bdw3/2 406 -ity of Iowa City = MEMORANDUM Date: October 12, 964 To: City Councj From: Don p Re: Air Conditioner Noise Air conditioner noise has been a recurring problem for as long as the staff can remember. The problem has been discussed by other councils in the past with the result that there are no easily identifiable solutions to the problem. On at least one occasion, the Council discussed the abatement of air condi- tioner noise by establishing a maximum decibel level for air conditioners in the City's noise control ordinance and on at least one other occasion, upon review of the new zoning ordinance in its draft stage, the City Council reviewed proposed standards which would regulate the location of air condi- tioners. Any resolution of the problem would affect numerous residents and would be difficult to enforce on a large scale. For these reasons, city councils have been reluctant to adopt standards to regulate air conditioner noise. Re- cently, the Tomlinsons, who.reside at 1510 East College Street, complained of the noise of numerous room air conditioners placed in a new apartment building located adjacent to their property. In this instance, the accumu- lative noise of several room air conditioners made it 'an unbearable situation for them. Their request for City Council consideration of the problem has been referred to the staff to research, particularly in how other cities address the problem. Since 'the City is a member of the Planning Advisory Service of the American Planning Association, an organization which upon request researches problems of this nature, the staff requested its assistance. Its research culminated in the referral of several ordinances of cities across the country which chose to regulate air conditioner noise by the adoption of noise emission standards., None, however, chose to regulate the noise by location standards. Alternatives As discussed in the past, there are two methods used to ameliorate the problem of air conditioner noise - control of the noise by establishing maximum sound levels and control of air conditioner location with or without noise attenuated barriers. Following is a discussion of each of these alternatives. 1. Control of air conditioner noise by establishing maximum sound levels. While such standards, adopted to control the maximum sound level of air conditioners, have been used prevalently by other cities, such a method is more difficult to enforce. This method addresses the problem after the fact, since to know whether an air conditioner is in violation of noise standards, first requires its installation and subsequently its measurement of noise level. An air conditioning unit which is i, violation of the standards would have to be brought into compliance wi' the ordinance but after the effort and expense of installing it. Page 2 !. Control of air conditioner noise by location standards. A previous draft of the new zoning ordinance required that air conditioners be located at least 15 feet from a side or rear lot line. Such a regulation assumes that sound level diminishes proportionately to the distance from its source. Although the sound level from an air conditioner 15 feet away, as compared to a much lesser distance, is not significantly lower, such a requirement results in the placement of air conditioners in locations other than in the side yard. If such a regulation were in force when the apartment building adjacent to the Tomlinson's property was built, an alternative location for the room air conditioners or in the method of air conditioning would had to have been employed. Room air conditioner units .and central air conditioning condensers are not particularly attractive, and implementing a location standard may result in the location of room air conditioner units and central air conditioning condensers in front yards because of the necessity to locate such units in shaded areas. Air conditioning equipment, however, has been more readily accepted as a necessary utility with less objection to its appearance. And, of course, there is the option of screening central air conditioning condensers from view of the street. This control mechanism has the advantage, unlike the enforcement of a sound level standard, of regulating the location of air conditioning equipment prior to its installation. Resolving a noise problem is much easier prior to the installation of the unit than after. 3. Control of air conditioning noise by variations and/or combinations of the above alternatives. A variation to the locational method of noise control is to implement, in addition to a certain setback requirement from property lines, a requirement that all air conditioner condensers be screened from adjoining properties when located within a certain distance of the adjoining properties. This alternative provides more flexibility in the location of air conditioning condensers by allowing them to be located closer than otherwise permitted subject to the installation of adequate screening to reduce the sound level at adjoining property lines. Appropriate specifi- cations for screening would have to be developed as part of the regula- tions. Room air conditioners, as installed in the apartment building adjacent to the Tomlinson's property, would be difficult if not impossible to screen effectively. This alternative may not, therefore, have application to room air conditioners. If the Council is inclined to approach the control of air conditioner noise by one or a combination of the three methods described above, the staff will prepare the necessary provisions for your consideration. The second and third alternatives above would require adoption of an ordinance amending the zoning ordinance. Accordingly, the ordinance would require review and consideration by the Planning and Zoning Commission. The first alternative would require consideration of an ordinance to amend the noise control ordinance and would not necessitate referral to the Planning and Zoning Commission. bc2 a0 i0% City of Iowa City MEMORANDUM Date: October 19, 1984 To: City Council From: Andrea Hauer, Development Coordinator Re: Design Considerations for the City Plaza and the Marketing of Urban Renewal Parcel 65-2b To assist in the discussion of design considerations for Urban Renewal Parcel 65-2a, the former Blackhawk Minipark, information is provided in the language which will be used in the Prospectus for the marketing of Urban Renewal Parcel 65-2b (the corner with the buffalo murals). The developer of Parcel 65-2b is required to propose either a building or a building addition for office/commercial uses. It is not the City's intention to permit servicing of a building or a building addition from City Plaza; therefore, the City will require a firm commitment (or evidence of a commit- ment) on the part of the developer of receipt of easement rights from an adjacent property for deliveries from the Block 65 alley. The quality of the proposed building or building addition design is very important. The following criteria have been inserted into the Prospectus: 1. While no specific style is dictated in the building design, the design should harmonize with the existing adjacent structures and the City Plaza. 2. If access to and from this parcel is gained through use of the City Plaza, said entryway shall be designed to integrate with, rather than dominate, the City Plaza. 3. The lighting for this building or building addition is to be compatible with the area and is subject to City review and approval. Lighting is to be of a similar or lower level in intensity to that of the City Plaza. 4. Building signage is to be at a scale appropriate to pedestrian traffic and is subject to City review and approval. S. Building materials are to be complementary to other structures in the area. 6. Plans for refuse disposal and other on-site services must be submitted to the City. If the proposed development will encroach at all into Urban Renewal Parcel 65-2a, said encroachment is subject to review and approval by the Design Review Committee and the City Council. The price, terms and conditions of such use shall be subject to negotiation with the City. In addition to all of the above -listed considerations, the City will require the developer provide a firm commitment of up to $5,000 for design assistance, on an in-kind basis or as a direct financial payment to the City, to integrate the design and functions of Parcel 65-2b with Parcel 65-2a. RE= ^City of Iowa Cit; MEMORANDUM Date: October 4, 1984 To: Charles Schmadeke, Director of Public Works From: James Brachtel, Traffic Engineer..' �l Re: Council Referral - Parking Meters, 500 Block of South Clinton Street Council has inquired as to why there are no meters on Clinton Street between Harrison Street and Prentiss Street. I would assume the principal reason for having no meters in the 500 block of South Clinton Street is the impact that those meters would have on the City's enforcement effort. As the number of meters and the area of meter control increases, the ability to effectively enforce the meters is reduced. I understand that the enforcement of the current meters in the fringe of the central business district is performed by one individual. This indiv.idual patrols the area north, east and south of the central business district. Extending the metered zones further south would increase this patrol area yet another block. A second concern would be locating meters in front of private residences. While this may be an acceptable installation during the work day, it would be an imposition on the private residents in the early evening and weekend hours. If the parking meter zone is to be extended further to the south, the ability of the City to adequately enforce these meters should be reviewed. Should you have any additional questions or comments regarding this, please don't hesitate to contact me. bj216 . aoycy I I City of Iowa City MEMORANDUM Date: October B, 1984 To: Neal Berlin, City Manager From: Robert Jansen, City Attorney David Brown, Assistant City Attorney Re: Motorcycle Muffler Noise (referral from Councilman Baker) You have inquired whether the City can provide for "greater requirements" for motorcycle mufflers than state law. The City can as long as such regulation is not in conflict with the state law. 5321.235, Code of Iowa, provides as follows: 321.235 Provisions uniform The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this chapter. The existing state statute which regulates motor vehicle (including motor- cycles) mufflers is found at 9321.436, Code of Iowa, as set out below: 321.436 Mufflers, prevention of noise Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, by-pass or similar device upon a motor vehicle on a highway. The City Code has incorporated this equipment regulation by reference, pursuant to 923-107 of the City Code which is the section frequently cited by City police for noisy muffler violations. Sec. 23-107. Improper equipment. It shall be unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in the state code or which is equip77ed ) with one or more unsafe tires. (Ord. No. 77-2835, 911, a4570 Further, under the recently adopted "Noise Ordinance" the City has in effect, already provided for a more specific muffler noise regulation than what is provided for by state 'law. 524.4-7 of the City Code provides [note subsec- tions (b) and (d)] as follows: Sec. 24.4-7. Motorized vehicles. (a) No person shall operate or cause to be operated the engine providing motive power, or an auxiliary engine, of a motor vehicle of a weight in excess of ten thousand (10,000) pounds for a consecutive period longer than twenty (20) minutes while such vehicle is standing on private property and located within one hundred fifty (150) feet of property zoned and used for residential purposes, except when such vehicle is standing within a completely enclosed building. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads (b) No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits for the category of motor vehicles shown below. Noise shall be measured at a distance of at least twenty-five (25) feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least four (4) feet (1.2 meters) above the immediate surface. Table 1 provide corrections to observed noise levels at distances of less than fifty (50) feet. Sound Pressure Level (dB(A)) Speed limit Speed limit 40 mph or less over 40 mph Motor vehicles with a manufac- turers gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,000 pounds or more, or any combination of vehicles towed by such motor vehicle. 90 94 Any other motor vehicle or any combination of vehicles towed by any motor vehicle. BO 84 Any motorcycle 82 86 aaso (c) The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American Standards Association. The instrument shall be maintained in calibration and good working order. Octave band corrections may be employed in meeting the response specification. A calibration check shall be made of the system at the time of any noise measurement' recorded shall be taken so as to provide a proper representa- tion of the noise source. The microphone during measurement shall be positioned as not to create any unnatural enhancement or diminu- tion of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements where such background noise interferes with the primary noise being made. (d) (e) (1) No person shall operate a recreational vehicle or permit the operation of one or more recreational vehicles, individually or in a group or in an organized racing event, on public or private property in such a manner that the sound level result- ing from such operation exceeds seventy-three (73) dBA for a total of three (3) minutes in any continuous one-hour period or exceeds ninety (90) dBA for any period of time during such operation. Sound levels which exceed the limits herein described at the real property boundary of the receiving land use shall be deemed a noise disturbance. (2) No person shall conduct or permit the conduct of any part of an organized racing event which involves a contest between or among recreational vehicles on public or'private property between the hours of 9:00 p.m, and 9:00 a.m. the following morning. (Ord. No. 82-3068, 6-22-82; Ord. No. 82-3076, 8-3-82) Note that subsection (d) above is, in essence, merely a rewording of 6321.436, Code of Iowa. The specific noise limits provided in subsection (b) above are not in conflict with said state law; rather, they provide a more objective standard of what is deemed to be "excessive noise" in the context of total vehicle noise which includes muffler noise. /sp aoso parks 8e recreation MEMOdepartment to. City Manager and City Council f rom: Al Cassady and the Parks and Recreation Commission re. Aquatic Facilities date , October 18, 1984 The Iowa City Parks and Recreation Commission welcomes the opportunity to consider swimming pool proposals and looks forward to supporting an effort to build adequate aquatic facilities in Iowa City. Meeting recreational and instructional program needs along with the incorporation of design features that accommodate these priorities is essential. All populations must have access to the facility, especially those with disabilities. In response to the recent Concerned Citizens for a New Aquatics Center proposal to build a facility adjoining the fieldhouse pool, the follow- ing is advised from the Commission. 1. The City should not commit more than 82,500,000 to the construction of this high cost facility. 2. The City should assume no maintenance costs and be assured by reason of capital contribution that user fees for the public will be kept at a low cost. 3. The design of the facility must meet recreational and instruc- tional needs, as well as being accessible. 4. It must be understood that in providing capital assistance, the City is not replacing the need or monetary reserve for the future replacement of our outdoor pools. The City should support both the fieldhouse plan, as well as the school facility plan and work toward implementing the Citizens' Committee's adoptions. It is important that regardless of differences, that it is mandatory that the community have a new pool in the near future as a result of these new efforts. /dh city of iowa city nasi October 5, 1984 Submitted by: Harry R. Ostrander, Glenn Patton, and Peter Kennedy The Need for a Joint Use Swimming Facility The need for increased swimming facilities for the Cities of Coralville and Iowa City, and the Iowa City Public Schools is more apparent today than at any other time. Recreational swimming has changed dramatically in the last ten years. No longer do individuals just want to take a short swim or dive or jump off a diving board. As our society has become more and more physical fitness conscious, recreational swimming has changed to lap swimming. Swimming like jogging is seen as a way to keep physically fit and instead of swimming once in a while just for fun, people want to swim every day and at all hours in order to maintain, a regular exercise schedule. Although the University owns and operates three swimming pools, none are of Olympic size. In an ideal world, the University would welcome a larger pool as the popularity of swimming as an intercollegiate sport is at an all time high, as is student, faculty, and staff interest in swimming. The development of the women's and high school girls' swimming programs are responsible for a portion of this recent growth. A community might well attempt to provide each youngster with an opportunity to learn how to swim. The University Recreational Services•Department and the City Parks and a05/ 2 Recreation Departments try to respond to this need by offering a wide variety of lesson programs. However, they cannot offer enough classes to meet the demand. Nor can they offer the opportunity to learn to swim to all the youngsters who cannot afford the lesson fees. Ideally, I every youngster enrolled in the Iowa City. Public Schools 1 should be offered an opportunity to learn to swim. This is important because, in our judgment everyone should have an opportunity to save their own life should they ever find themselves in a life or death situation in water. I i There are many groups that desire pool time but find they cannot obtain any or if they can they are asked to use undesirable hours. This is because what little pool time is available is being used by the primary users. Groups such as the Iowa City Swim Club, Scuba Club, Water Polo Club, Kayak Club, Synchronized Swimming Club, Master Swimming Club, Hawkeye Swim Club, Boy Scouts, Girl Scouts, etc., simply cannot find adequate pool time and this situation worsens each year. We have taken into consideration the needs of the following groups in preparing this analysis: 1. The University of Iowa Men's and Women's Intercollegiate Swimming Teams 2. The public schools boys' and girls' swimming teams 3. Recreational swimming -by all groups aDS/ 3 4. Physical education classes for University students and for the public school students 5. University recreation lesson programs 6. - The Iowa City swim club program 7. The City and University synchronized swimming B. 9 10 programs Scuba club Water polo club Master swimmers Kayak Club Hawkeye swim club 13. Summer sports.camps 14. Handicapped swimming 15. Group requests such as boy scouts and girl scouts There are many groups that we have not mentioned who require pool time on an occasional basis. We feel the pool design that is included in this proposal should be adequate to meet all group needs. ao.s1 4 Type of Facility: A stretch pool that is 85 meters long, 25 meters wide with ten lanes and three bulkheads could serve the needs of all users. This pool would have the following features: A. A diving area that is 17 feet deep and 13 meters (43 feet) in length. It would have two 3 meter springboards and two 1 meter springboards and diving towers consisting of one 10 meter, one 7.5 meter, and one 5 meter tower. B. Three ten -lane 25 yard short course training areas separated by bulkheads. Two of the bulkheads would be three feet wide and one would be four feet wide. The four foot wide bulkhead would be used in competition for placement of starting platforms. The width -of the pool is 25 meters in order to accomodate ten lanes and also to allow for training at 25 meters by swimming width wise. When the pool is set up in this manner it would be possible to have diving practice in the diving area, the University -men's team in one 25 yard section, the University women's team in one 25 yard section, and the Public Schools' teams using the other 25 yard section all at the same prime time. During the morning and early afternoon hours it would offer ample opportunity for University and Public Schools' swimming classes. 3M a5 M 3M loM p 1 viNG SHOAT cougS£ sHoRT coueSE 5Ho0.T CouQSE 7SM sM 17� log . 9 7' Si 114 ss yI as y/: as ydr IM C. Another feature of this design is that by simply moving the bulkheads the pool can be changed for long course training. Long course training SOS/ s requires a 50 meter pool. When set up in this manner there would still be a diving area as well as 18.2 meters as a warm up area or for recreational swimming.. n, -4_A 3M 3m /pM aIVINA ►.ONO, COURSE TRAININB yvAan� U.P. AREA 7,SAI 17 / /Di SI 5� Y/ SM M 13M 18.2.1 i Location of Proposed Facility: Attaching the proposed "stretch -pool!' to the existing Field Houne pool has certain advantages: PRoposeD Es M Poop 3M 3M • /oMD DIVING 7.SM SM /M IM - - - /M 3M slloAr CouaSE ShokT CovcsE /0H sM 3M as yds / M EX/sr/NG- Fir/d Hose: Pooh aas/ 6 There are advantages in operating the two pools together: 1. The total number of lockers needed to support the new pool could be reduced considerably by utilizing the existing lockers (over 5,000) in the newly remodeled Field House locker rooms. 2. Support services such as laundry service, equipment check out, automatic scrub machines for cleaning decks, locker areas, etc. already exist and would not need to be duplicated. 3. Combining the two facilities together would give the flexibility of offering recreational swimming from 6:00 a.m. - 10:30 p.m. daily. The extra water area assures adequate training possibilities for the competitive swimmers as well as adequate pool time for the recreational swimmers and thus eliminates conflict between these two user groups as there would be adequate space for both. 4. By operating the two pools together the existing Field House pool could be kept at a slightly higher water temperature making it much more comfortable for handicapped or elderly persons and young children. 5. There would be a savings in wages as one aquatics director could operate both pools. 7 6. City and campus bus routes stop at the Field House regularly. 7. Classroom space exists at the Field House and could • be utilized for dry land instruction. S. Parents dropping youngsters off for swimming could utilize other Field House facilities such as racquetball courts, volleyball courts, basketball courts, weight equipment, the jogging track, attend aerobic exercise classes, etc. while their youngsters are participating in their pool activities. Other Thoughts We estimate that the capital cost of installing the "stretch -pool" facility is about sixty per -cent of the cost of installing four separate 25 yard self contained pools. Also the cost of operating the "stretch -pool" would be considerably less than the cost of operating four separate facilities. In fact current estimates indicate the cost of operating a "stretch -pool" with a diving area and three 25 yard sections would not be too much greater than operating one separate 25 yard pool. We have not attempted to put a dollar amount as to the' cost of this facility, but obviously it would be several million dollars. A feasibility study would need to be funded to give us a better idea on cost. ao5_1 Special Populations Special populations includes the disabled or handicapped individual, youngsters, and the elderly. Although many individuals that are disabled do not require special facilities for swimming, some modifications of facilities is necessary for safety reasons and to accomodate those indi- viduals who are unable to utilize a standard pool. Aspects of a facility that should be considered for special populations include: Decks: Decks should be wide, slip resistant, and no more than 12 inches above the water line. Decks should provide enough space for an instructor and the participant to converse. Depth of Water: The water depth should be suited to .the activity and to those using the pool. Water depth may be modified by the use of portable platforms or a hydraulic floor that can be raised and lowered automatically. Temperature of Water: The temperature of the water in most pools ranges from 780 to 84°F. Higher water temperatures may be needed for certain individuals, especially for severely involved cerebral palsied persons and persons with orthopedic problems. Elderly persons usually prefer the warmer water temperatures. Disabled persons should not be denied the use of a swimming facility on the basis of lower water temperatures considered necessary for a competitive pool. Temperature of Air: The temperature of air in indoor pools 'should ideally be from 40 to 6°F higher than that of the water. The air temperature normally should not be lower than 850 or higher than 95°F. The pool deck areas should be as draft free as possible. Ladders: Strong, well secured ladders or steps should be provided. Steps and Ramps: Steps at the shallow ends of pools are helpful in getting disabled individuals out of pools. It may be necessary to install a ramp where wheelchairs are a necessity. Ramps should be long enough to provide a gradual descent into the water. Bottom of Pool: The bottom should be as slip resistant as possible. The pitch or incline, should be such that there is no strain while walking. Slopes in the shallow end should not exceed 1" per horizontal foot. It would be our recommendation that the new pool be fully accessible by the disabled and handicapped. However we would also recommend that the existing Field House pool be modified to accomodate the needs of those disabled individuals who require higher water temperatures and higher air temperatures. The new pool could then function as a total aquatics facility that would meet the needs of the competitive teams, the swimming clubs, recreational lap swimmers, instructional classes and any disabled elderly or handicapped who wouldn't require higher water and air temperatures. To accomplish this the following.modifications would need to be completed in the existing Field House pool. 9 1. Install a ramp in the shallow end. Page iO Additional Equipment Needs for the New Pool: 1. Impact softening "bubbler" 2. Electronic timing system with ten lane scoreboard 3. Underwater lighting and sound system 4. Underwater windows 5. Adequate off deck storage 6. Permanent balcony bleachers for seating approximately 1500 people and telescopic bleachers for deck level seating for approximately 1000. 7. Public restrooms g. Waterpolo goals 9. Office and reception area for aquatics director 10. Lobby area 11. Four new locker rooms for use by University intercollegiate teams, visiting teams, public shcool teams and recreational users. 12. Cbin lockers for public use. These lockers should be designed so they can be used without coins if needed for visiting teams, public school classes, etc. 13. Three bulkheads that are lightweight and can be moved easily and quickly: The four foot bulkhead should have reversible position starting platforms. This bulkhead must be free from backlash when the swimmers leave the starting platforms. 14. Lane lines 15. Pace clocks Improvements Proposed for Existing Field House Pool: •1. Add a handicapped ramp in the shallow end of the pool. 2. Construct a hot tub for recreatiodal use on east deck area. ads/ 11 Example of a Tentative Pool Schedule The chart below is an attempt to demonstrate the flexibility of scheduling the combination "stretch -pool" and Field House pool. The schedule illustrates what a typical weekday schedule may look like. The following keys are used on the chart: UMT = University Men's Team UWT = University Women's Team HST = High School Teams UPE = University Physical Education PSPE = Public Schools Physical Education LP = Lesson Programs UD = University Diving li ICSC = Iowa City Swim Club SYN = Synchronized Swimming RS = Recreational Swimming HSD = High School Diving MS ='Master Swimmers SC = Scuba Club WPC = Water Polo Club HSC = Hawkeye Swim Club KC = Kayak Club The pools have been divided intq six sections all separated by bulkheads and lettered A - F. aasi 3M 314 /014 Page 12 SNORT CouASE E )5.0 Al as yds oXIsT/ab Flcld Weekday Pool Schedule r� Pool /M JM SMRT C0ut5E 1014 SM F 314 114 ISE PooL TIME A B C D E F 6:30 a.m. RS UMT UWT HST/ICSC PSPE PSPE 7:30 a.m. RS UMT UWT- HST/ICSC PSPE PSPE 8:30 a.m. UD. UPE PSPE PSPE RS LP 9:30 a.m. UD UPE UPE LP RS LP 10:30 a.m. UD, UPE UPE LP RS LP 11:30 a.m. UPE UPE UPE RS RS RS 12:30 p.m. LP UPE UPE RS RS RS 1:30 p.m. OPEN UPE UPE UPE RS RS 2:30 p.m. UD UMT UWT UPE RS PSPE 3:30 p.m. UD UMT UWT I HST RS PSPE 4:30 v.m. UD UMT UWT HST RS PSPE 5:30 p.m. HSD ICSC ICSC HST RS PSPE 6.30 p.m. ICSC ICSC ICSC SYN RS RS LP SYN MS LP RS RS LP SC WPC HSC RS UPE OPEN SC WPC KC RS UPE aosi City attorney job: full or part time? Question arises Gazette JoAhmon nn CauuntryaBureau as vacancyIOWA CITY — For only the third time in 21 years. Iowa City approaches is looking for a city attorney. It's not a cushy job. 7be city and its residents are well known for settling their differences in court, whether it's a legal battle over urban renewal or Iniprles from a slip on an Icy public sidewalk. But the low turnover rate Indicates the job Isn't undesirable. 7be last three lawyers resigned for the same reason —the Increasing demands of their individual private practices. NEWS ANALYSIS Jay Honohan advised the city from 1963 to 1974. He was followed by John Hayek who held the position from 1974 to 1981. Hayek continues to advise the city on urban renewal matters, although Robert Jansen has been the city's chief legal adviser since 1981. Jansen announced recently he will leave the job. Although the position Is considered put time, the lawyers my they've sometimes spent more than 35 hours a week on municipal legal problems. A committee of local lawyers 12 year ago concluded the city didn't need a NII• time attorney, but decided the city needed two full-time assistants. During Honohan's tenure, the assistants were law school students. a Now, two full-time assistant attorneys, usually recent law school graduates; handle routine legal matters and aro supervised by . the part-time city attorney. While the assistants are paid annual '.c. salaries ranging from about $21'... fib' 536,000, the city attorney is paid 560 an hour for office work and $58 nn hour for courtroom work. Between July 1, 1983, and June 30, 1984, Jansen was paid $49,389 and John Hayek Hayek, retained as special counsel, re. calved $7,366. Neither received fringe . gt81 benefits. advising. 7be city also buys legal advice from City Steve Rynecld, a Milwaukee attorney who serves as the city's chief negotiator in contract talks with unionized city employees. Ryneckl recently received a raise from $75 to $90' an hour, During the city's lad budget year,'Rynedd was pold $10,428. When you total the earnings of Hayek, Jensen and Ryneckl during Racal year 1984, the city spent $67,183 for legal advice. While the city attorney's job may not be as lucrative as a private practice, there's never any doubt the city will pay Its bills. The position also offers savvy, aggressive lawyers a lot of visibility in the community, which could put them on the road to a successful private practice. With Jansen's resignation, Mayor John McDonald Is or—ganiring a second committee to study the question of full time versus part time. While most cities have part-time attorneys representing them, the job is full time in others, such as Burlington and Davenport. J der'. .�yJ,ra� ,J,z�. .*__ i,/, i9Py There are convincing arguments for both aides. A full-time attorney would be a city employee with full benefits and would likely devote more than 40 hours a week to the job. At the same time, however, job security rests solely with the seven mem. bare of the City Council. Like a city manager, a full-time city attorney can fall from the council's favor and be out of work. On the other hand, a'; part-time employee w(th the security of a . .Private practice wouldn't fear disagreeing with the council: - The beauty of the part-time position is it has attracted highly qualified. seasoned lawyers at a relatively low rate of pay because they have chosen to live and work in the community. A full-time position . O�W�ei. could also attract sa equally qualified since 1981 person, but not If the city is unable to offer a salary competitive with private practice. local private lawyers charge from $60 to $90 an hour, depending upon the nature and complexity of the legal problem. Jansen hypothetically could have been paid $74,084 by the city last year if he were paid at an average -hourly rate of $78. ; McDonald said he's open-minded about the Issue, although be •, doesn't think a full-time attorney should be expected to take on the contract talk responsibilities now handled by Ryneckl. "We my understanding that labor law. Is such a speciauxed field that you really need some special expertise," he said.'7here's some advantage, I feel, in the perception of Ryneckl coming In as sort of a' 'hired gun' In dealing with our unions." Jansen hes agreed to stay on until Dec 31 and aim has Indicated a willingness to extend that date H the council hasn't hired a successor. ' aos..z tt The•areas weare most competitive in are not smokestack . industries; but'high-tech assembly in fields like pharmaceuticals and bio -medical equipment. f! Ray Muston I First Capitol president Development 8y'T011i Walk) ' un Oarene Johounty au ehw ' . IOWA CITY — The effort to woo new Industry to and more Jobe to Johnson County Is building vi steam with the Influx of government funding for . cls First Capitol Development Inc. fro The private, non-profit firm wee organised in a May to devise. and. implement strategies for' ' promoting, the economic development of the 'em county. fiel The countv's Board of su.w i.n.e h.. ad est July I. The City Coun for the current. budget, a Chamber of Commerce ( mm Cweevarsity's new Technical- Incubation Center. As First Capitol's new president, Muston feeh up the sources of the University of Iowa le tel to bringing to Johnson county the types of an, high-tech\ Industries that could, benefit m a link with the unlvenity and what hi sees an under -employed labor pool. "Me area we are most competitive In are not okestack Industries, but high-tech assembly In ds like pharmaceuticals and biomedical ogre , equipment," Muslon told the supervisors last Lr thatL. week. ledged Id the ared a The firm is based at the Iowa City Chamber of Commerce, which provides In-kind support In the form .of clerical staff and office Space, The Univercity, of Iowa has provided Ray Muston, a former asoclale dean of academie affairs who as First Capitol's new president also acts a a liaison between the joint development effort and the Muston predicts "major. change" In the area's economy linked toe decline In enrollment at the U of 1 and suggests the local economy become less dependent on ever-increasing enrollments. Muston admits up front the effort to make Iowa and the Iowa City area attractive to expanding Industries won't be an easy one. Iowa, he told the supervisors, is seen as an unknown In the business world and is not considered to be an area ripe with Incentives for business and Industrial growth. Iowa City and Johnson County era even lean well known, W said. :j Local and county ttoverrimenta need to bejin assessing Incentives such as property to abatement policies that forgive some of the too taxes new buelnessses would normally pay,. The public and private sectors also need; to explore creative financing strategies that might combine low -Interest bank financing with city and countylssued revenue bond financing. Muston sees a Potential for an "economic development corridor" linking Johnson and Linn counties. Muston said the location of the Cedar Rapids almort and the eegereas of communities such as North Liberty to promote industrial Parkland would make an Iowa City -Cedar Rapids corridor even more viable than a similar corridor now developing between Minneapolis and Roch• ester, Minn. •: Muston said Pint Capitol has a pmllminary budget of $12000 a year for a program he sada as a five-year effort. He said he plana to ask North Liberty to contribute to the effort, too. 2053 res ST. n OVA Hy Pares NAvaaso While regulated electricity prices have rim rapidly over the past decade, the market costs of generating electricity have risen at an even -faster pace. In the short run, this "rate suppression"—the persis- tent gap between regulated electricity prices and the market's generating costs— has benefited consumers through lower rates. However, over time, utility execu- llves have adapted to rate suppression In a way that now endangers not only electric- ity consumers but the nation as well. The essence of Nese executives' Darwinian re• sponte—aimed solely at the survival of lbelr companies—has been the adoption of Coming Electric Crisis hBrdmlting capital expenditures means that utility executives will try to complete mat of the loge power plank now under construction. They will do x because "halt a lost Is better than none": In most cases, the losses from canceling an entire plant near completion would exceed the losses from finishing the plant and Nen operating It under regulatory rate suppression. However, ace the current agenda of powerplant construction is finished, utility executives an, unless there Is dramatic thaDge, ukety to teas any Jnnrtiner rrWor coutrvctjox They will do so because tate supprada provides neither the cash nor, more Importantly, the incentive to under• take such projects. After a decade of rate Suppression, this strategy is already well under way. Since 1978, no new nuclear dank have been ordered asses all those or. have been canwed. Since 1910, only we new cal plant has been ordered. Mae• over, any plana for new coal or nuclear plants—which account for 709 electricity generation—have No Pleas to Spend Money While this remarkable halt to the plan• ring and construction of new large "hard path" cal and nuclear plants may bring ��itteegy off the capital ml�tl h�aa'e an meant that utility executives are not ade- quiely investing oltl other pally ad socially a ablyr moccept• able fomes of providing electricity. For example, while many utility execu- five are talking a good wiservation Came, they are nes putting their stoney where their mouths are because coiserva- tbn also requires considerable investment, on the order of hundreds of millions to Ill. Boos of dollars. Nor are these executives planning N spend the SW billion necessary to eeononflWly convert expensive oil and nstukl•gas plants to cuf or replace such cermomleaW obsolete capacity with other cheaper forms of providing electricity (e.g. cod plants or conservation). As a result of this rate Suppresslon-capl- W minlmitatlon syndmme, the dimming of America is now a real possibility. -It could even occur In the quite literal sense that lights will go out and factories will halt production. This is despite the fact that national averages suggest that we have substantial extra electricity capacity. But these averages disguise wide regional disparities, and no "national grid" yet ex- Ists to adequately link the supply -poor and supply -rich regions: At greatest risk is the rdpldly growing Sun Belt. According to the Department of Energy, the projected increase N electric - try demand accompanying this region's mwth Is on a collision course with the tion moratorlum. Indeed, If electricity de- mand grows at only 211. a year, DOB fore- casts serious supply shortages N Kansas, Arkansas, Louisiana, Texas, California and puts of Missouri and Mississippi by the arty at risk are five Frost Belt skies•Lorows',yannesota, North and South Dakok ebraska. The dbnrtdng of America may also oc- cur In a more subtle and ultimately much more dangerous/iparatfue sense. The na- tion could face a bleak and austere elec- tricity future In which the economy stag- nates, workershhoapye far fewer job opportu- nines and conSumers have far less purr .ehasag power. This could happen kr a number of -reasons. First, the continuing failure of Petro leumdependent utilities to convert or re- place their existing oil and natural-gas plana with cheaper form of providing The. Texas- PUC has been loaded tvith consumer advocates who have trans- formed it from one of the fairest and most technuaUy competent into one of the most rate suppressive. electricity (e.g. coal plants or Increased conservation means that consumers will continue to Pay an aheady aomnnk and ever•InctaeIng "fuel penalty." This pen.. alry, which airady nus annually tato the bMlons, results because Win executives have foregaa economle Invennlenk In pe• ttakum displacement The most graphic example exists In the Northeast, which—a hill lit years afar the Arab oto embargo—continues to rely on ex- pensive oil for more than 109. of Its gener- ating needs. This decade-long failure to convert more than four minion kilowatts of noneconomic on capacity to coal continues to add hundreds of millions of dollars each year N consumers' electric bills In this re* glon, though they are already among the highest In the country. One of the few con• versions successfully completed In the' Northeast Illustrates the potential savings: The New England Electric System con- verted Its 1,150,000 kilowatt Brayton Point plant at a cost of $192 mlWon, saving rate. payers $110 mllllon a year (and the nation 11 minion barrels of oil a year). Similar opportunities for economic displacement exist In other petroleum -dependent states, from California and Texas to Lour ans and Florida. The prospect of expensive electricity In short supply also deters executives In other Industries from Investing In new. produc- tivity -enhancing technology much of which Is electricity -Intensive. Such technol- ogy, which would also spur economic growth, includes electric arc furnaces for the beleaguered steel Industry and robotics for the auto and machine -tool industries to advanced food-processing techniques and computer technology. One reason for their reluctance to Invest In new technology is the prospect of high electricity casts. But manufacturing executives' now full well from such past experiences as the natural. gas shortages and rationing of the 197as that when energy shortages hit, it is their factories and businesses that win be switched off first and not homes, hospitals and schools. To escape this energy noose we must understand the political and Institutional forces that operate to perpetuate IL In the realm of Politics, It hu become Whine- able—and extremely effectiye—for candi. dates to run on a platform of rate sup. presslos. Today, a number of state goven Dors and countless elected utility commts- doners owe their victories to such a Fiat - form. The best example is in Texas, where Democrat Mark White was elected gover. nor In 1982, largely on the bask of his m ntrrise promises. Gov. White has lorded the Texas public utilities commission with consumer advocates and transformed It from one of the fairest and most techol• tally competent In the country Into one of the most rate suppressive. This is evident In two recent rulings. Inst July, the PUG approved only 2511. of a $181 million rate increase by Gulf State UtWties, while In June commission staff dealt with a $501 million mte•rlse mcluest from Texas UUII. ties Electric Co. by recommending a lags minion rate decrease. A glaring Illustration of how such deci- sions paradoxically hurt consumers no- curred when Texas Utilities had Its bred rating downgraded beaux of what one agency cited a "serious deterioration In Texas regulation." This derating, In turn, raised the company's costs of borrowMg money and, as the Fort Worth Star Tele- gram correctly pointed out, "The added cast Is eventually passed on to the con. sumers." Other examples of such pobticl• ration run the geographic gamut, from Massachusetts and Ohio to Florida, Mis- sourl and New Medco. iastitutiotlaL lFallure This populist political pressure has only exacerbated the already formidable Insti• tutional problems of the state regulatory commissions. Prior to the 197371 Arab oil embargo, these commissions were sleepy backwaters that typically had little more a ash to do thin approve occasional utility rate decreasea. However. In the post -embargo perf4 the number of rate cues has In- creased more than 5W%.. And with few ex- HomW commissions' budgets, staffs and Wehnologieil sauces have riot rises at. th�etpand� caseload. This fag �Wtionnaall failure has meat one- and two-year delays In the practising of rate cues and through this "regulatory lag,'.' a de facto rate sup. presdon Moreover, all of the commilssions am addled with archaic Rube Goldberg - type formulas to compute electricity price that. In the presence of rapidly rising en;;; era and capital costs, virtually ensure TIM Amedcao people must reject the seductive hall -troths that electricity rales.'. are rWWripidly and need to be capped. R Is only by embracing economic reality that negative political pressures on our regulatory commissions will subside and positive political pressures on our -state k0slaums to streagWes and niodemim our regulatory commissions. will'increase. Nr. Navarro is a teaching fellow at Harvard University and author of "The Poky Game: Hou Special Interests and Ideologies are Stealing America" (John Wf@g a Son, 1564). , AOSf1 THE Na-.✓ YORK TIMES, SUNDAY, OCTOBER -,, 1981 Millions Spent in Efforts to Keep Employees Well by MILT FREUDENHEIM Y.M.C.A. Chas ■ Soup g RAsst a Spur On a recent lunch hour In the redcar. Dated fitmill center at Johnson k John• em's aluminum-AM102se Tbousands of computes operate health promotion progtame. Scope ban TM wellness trod began to take shape 1n the mld-1778'7 as thed beadquar- ten In Nkehw Bnmewlck,N.J.,3pfewoloamrdms elaborate Otnew amtets and physical andeducation affhafts. Others offer classes Or lchollogy Gantt of the 19H Surgeon General port m tlga�tte smoking war eall.soft ' sotetrhed ■td bot�t�ckgrot of bas ■t hospitals and branches, of tthhe sorbed W d Arne IC Klem■ber of the mus rocY . nYog Mm's Christian Amodation. Department of Health and Hum-, Belk Becton, a26-yesrokl program: Yether mWd We have aemsludge In the number Of ine Services; tin m�tb—hizedrmd"C memo- smok4 trend, War■eted the a and atm- drag. 10 to 17 miles a week had helped Wmmdmsil,�•IW�d Herm ti CW,aMut, the Y.M.C.A.'s utlwW project dl withtthecod. usiness managers b rs struggling . hermlor20 "I've learned how m eat RghW she said, "m keep exec. for for corporate bWtb enhancement. One Indicatiog0 that employers now m cocam ntain sWN said International Business Machines, for rising on myy vacation or whatever." John Baha, 22, an Information eye. subsidble Y•M.C.A. tela for more thenbeBenoHerkr7atmgme million of the association's 12 million not Programs for Ito 228,079 loyees In terns analyst, nus seven to eight msllles each midday through Johnson Park members. Dr. Fielding; who Is a professor of the United States, Ino= }tee classes at the Y, hospitals, American and the nearby Rutgers University amWa. *He health and medicine at the Ud- Red Cross and American Lung Auod• all= Sterling at the of 35, I.B.M. Who started working hem 0 1981 ,I was a tw&packady varsity of California at I.as Angeles, ku talked ro oMclaled 790 computes emploeumlmtl� company physical smoker," he said. "1: weighed 2M . pounds. I But as little Physical exercise In, the past Year. He said market data mowed overall Industry expenditures YoDiane ; 73 par. � haw time five cant h w l as Possible." But after a few weeks d clean to non smoking he gave up dgssettu, "in the area of fl blWm." Stephen M: Ruff, naUdml products spokesman, said these examn nations dlsd app and can of case and whm his weight for be stated rttdnlug, "very Iidwl : ' Now his weight manager at the Control Data Corrppaora• tion in Minneapolis, which has Aavei• high blood Pressure• aYc° is down ro lee (hie height ise feet linch) and Mhon appHedmemer aped computer. sohwam and OtherAt .servlaetorsuchhWthprograms,Wd 6eadqubaotdtyen�� the Naw York Clty Marathon. Vast Effort m Aid Health his coop�manuw1's market reeestebers mployeetlhbeHaltthh-0�arpm potential" from the portertosDryuWd M.Kmau, the chief executive aMcsr; , Kenaccardall, idif Johnin a Johnson to one of many American M, nerd and services. UlDeods Col■doo, thegttrsdlnctor, who is for�m�e�pres idmt of IM 7.99° compWu that together are a� dit hundreds of millions of dol. 7lgdlkaat Gains gem n member Assodatlon for _Fitness in, Business.,. . �g� designed m A stud of Johnson Johnson Y pro, Clarena Feanm, health and Wety. strethillngthen amen I poyees'health• The Programa, which authorltles say gramsby RutggeersUnivenitypsycholo- Ommcited "Ea ficant Improvements dlrector atthe Metan Life I tropolissue once Company In New York City, also have grown dramatically in recent amise, decrease in smoking, bet. bads the National Center for Health momhs, are Largely a byproduct of the ter management of stress add weight," Education. The center,. aponsme . hT netlmal effort to curb Lacing hWth according to Curtis S. Wilbur, the com. large corporatiorn- Is urging small coala.Aatudy bytheecaunting a of Coopers A Lyhrand found thatam• beefth pany's health director. Some_mmpWa cLlm.mlWonis of dollasr businesses to sponsor health promotlm programs. The Washingmn Busleees Wpl�oy'■�oe cosh, ineltndtng ■peon, In absmteelam, and sick. Group fm Health and the national blue trbm and loss of producUvlty u wail n, mull OOst am and accident mstalmmg partly pants In Often Called Walloons Cross and Blue Shield Assodatimr. be" hem supporting similar am•' mmpmimumue percent of the tout ams.Bt scientific dna lack. according to Dr. PleWtug, with e0 t the n . payroll.. The Puma Involve' millions, of who ra'm'aWtburins, US. Coypu Reagaam from AdmWttrstion. Uelaes Genet 3upprtlra �Pio1'°e■ ■m their families to a wide rate Hesbh Maoagem ooL MP of activities, khrJuNog exerelr, WhlAcompaniss bars tamed ■bat . "We am W aware of the fftner pry walghbcontrol and nuttitlm cl■res: this as a way of containing health ate Rams in Japanese compendia," Prg1. dent Ragan efkrta m reduce etrese; eereening for mets, It Is hard m quantity and takes a told the Health Insurance warning aigm of cancer and heart all. long time" to validate, he said, adding. Association of America In March. "A menu, end counseling Pn alcoholism "However, we bow sem impacts halthler work force mean higher pro. and drug °purr and m such rami! y clearly N the area of morafe rod; job ductivlty. in the Ming n, It also meso n Problems ad gating oar ■ divorce satisfaction." ... a reduction In Oro cost for employee P'msmaL' experiences dmp execsr tires sometimes Dr. Charles A. health , ■ lt4 co health benelits." The A.F:L.-C.I.O. Is Plays role. The chair. maws Mart byp■y Finery was doe lmPata bayHtdtbeextemlveempldyee owtann who Is a trolled medical dltec. -our of the National Aeronautics and Spaw generally"very. m Rive of prevention programs," sold Karen lgnad labor health program at Tenneco In Houston. AdmWatnHon1 ayyea SOo mllllm workdays are lost ennWly because of of the fedora• lion's health and safety department In After goober employer lamed m Ilbnesa or disability, of which 28 mI1Hon Washington. Some unions have written tmtly that he had lung cancer, man• ordered courses m help em• are attRWled to heart dlsmse and hyb• Hle 'Ala1 to sopa! to wellness benefits Into their contracts. Orket Clarks Forexof the ample, 5Fo0d vend Commercial papgement Dr. Jonathan angive uFielding, smoking, consultant to In , adds, and smokers each Mve twia the ab. workers Local 1357 In Philadelphia the field, senteelsm of other employees," each receive 7250 credits for classes at a05.� 'Aaotmgto PeeL3 F. ntsM rt} tor bmn, we om atot tae . the United AWUMMW Wwkml, the am& tiro aou*4 mdod r6cmUy betwaeo, t& mlm.d Gm" Mownoe ohw �, "A btrm a�ootp�emwdbprt prgpsum�a . t ptlat buu; • m 6e wt iry�bf tAe 1Mat. - mko-mtrpmrt bnitb con mM•, up Mitac. t�rtetMplp�t�brlNebot roadTU Ford MOM COWN up th L a Darhan ued pot h. a rt throeed ttd co mato � a dleerly Wa who d. ntr 7+aedbeaned .'d Eudtlm W'd o?OSS ^'ity of Iowa City MEMORANDUM Date: October 17, 1984 To: City Council p From: Joe Fowler, Parking Systems Supervisor Re: Parker Appreciation Day On October 27, 1984 the City of Iowa City Parking Systems will have "Parker Appreciation Day." This is our way of saying "thank you" to the people of Iowa City for their cooperation during our reconstruction this summer and to invite those who have not used the Capitol Street Parking Ramp this fall to try its new internal traffic flow. We will be allowing each parker one hour of free parking in either the Capitol Street or Dubuque Street Parking ramps on the 27th. In order to inform the public of this promotion, Parking Systems will be placing ads on local radio stations and newspapers. bjI/12 ,:7 9-51- The University of Iowa Iowa City. Iowa 52242 Vice President for Finance and University Services October 5, 1984 Ms. Mary Neuhauser Chair, Concerned Citizens for a New Aquatic Center 914 Highwood Iowa City, IA 52240 Dear Mary: At its meeting on September 25, 1984, participants at the meeting of Concerned Citizens for A New Aquatic Center were asked to prepare information concerning impediments faced by each constituency in supporting a joint facility, as well as suggestions about such a facility. Currently the University of Iowa owns and operates three swimming pools: one in the Field House, one in Halsey Gymnasium, and one at the Mayflower. These pools are used first for educational purposes, second for recreational purposes, and third for intercollegiate athletic teams. Through the years the University has earnestly endeavored to make the pools available to the general community for recreational and swim club use. In spite of these efforts, and in light of the growth and interest in recreational swimming, we recognize that there is a desire in the community to act to enhance swimming opportunities in the metropolitan area. The University faces several substantial impediments to full participation in a joint venture to construct a swimming pool. First, neither the general university nor the athletic department today has funds to contribute to such a capital project. Iowa's economic situation, a deteriorating physical plant and other more recent capital expenditures have left our coffers empty. The second impediment to full participation by the University is that fund raising for a swimming pool is not high on the University's priority list. The University is ,- oW r, preparing to embark on a $100 million campaign to raise funds for our most essential academic needs, and our fund raising efforts must be devoted totally to this effort. The third and final impediment to full University participation in a joint venture is the shortage of University -owned land. There is no space on the east campus for construction of a swimming facility. On the west campus we are confronted with enormous congestion --a growing hospital, an athletic program that attracts thousands into a small area, and an acute need for more parking. While we will not rule out the possibility of making land available for construction of a joint use swimming facility, such a lease would require the approval of individuals within the University community and the ultimate blessing of the State Board of Regents and the Executive Council of the State of Iowa. These are the three impediments to full University participation in a joint venture to construct a swimming facility. Having stated these impediments, I must now note that the three University of Iowa experts on swimming --Harry Ostrander, Director of Recreational Services, Glenn Patton, Men's Intercollegiate Athletic Swimming Coach, and Peter Kennedy, Women's Intercollegiate Athletic Swimming Coach, have spent considerable time and effort developing a proposal for a building and pool which would serve the joint needs of the municipalities, the school board, the community and the University. Because of their substantial technical expertise, I.have attached a copy of their analysis. It presents at least one approach to the practical aspect of solving the pool needs of all constituencies. It does not resolve, of course, the issue of funding. Please be assured that the University remains willing to cooperate within the limits of its resources. Sincerely, Casey D. Mahon Associate Vice President X057