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HomeMy WebLinkAbout1983-09-13 Info PacketJ City of Iowa City MEMORANDUM DATE: September 2, 1983 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule September 5, 1983 I I . Monday Labor Day - No Informal Council Meeting September 12, 1983 f 1 j_ Monday 7:30 - 9:30 P.M. Conference Room 7:30 P.M. - Executive Session 7:40 P.M. - Review Zoning Matters 8:00 P.M. - Discuss 521 Kirkwood Rezoning 8:20 P.M. - Discuss Airport Issues 8:45 P.M. - Discuss Fair Rent Ordinance 9:00 P.M. - Council agenda, Council time, Council committee reports 9:25 P.M. - Consider appointment to Board of Electrical Examiners and Appeals September 13, 1983 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING LIST Priority A: Priority B: Priority C Discuss Council Policy Resolutions Housing Inspection Funding Policy Housing Market Analysis Recommendations MECCA Funding Request Lower Ralston Creek Parcels - Use.and Configuration Meet with Broadband Telecommunications Commission Discuss Amendments to Non -Discrimination Ordinance Clear Creek Investment Company Development Discuss Transit Interchange Report Grant Proposal for Old Brick Meet with Design Review Committee (October 3, 1983) Traffic Signals - Flashing Mode Mandatory Parkland Dedication (Fall 1983) Shamrock/Arbor Drive Drainage Area (November 1983) Appointment to Housing Commission - September 27, 1983 .._ _.-_..... _.. ..., MICROFILMED aY.... _ __--�. ,. JORM MICR+LAB ( - CEDAR RAPIDS DES MOINES : I I I . } f 1 j_ City of Iowa City MEMORANDUM Date: August 31, 1983 To: City Council From: City Manager Re: Human Service Agency Office Space Enclosed is a memorandum from Cheryl Mintle recommending that the City provide funding. for a detailed study of the use of the U -Smash - Em building for shared administrative space for human service agencies. This proposal has a potential for increasing agency coordination and reducing operating expenses. The amount of money - requested ($2,000) is available in the Human Service contingency fund. It is the City Manager's recommendation that the City Council approve the request. tp2/11 1 1.j...,._...,.MICROFILMEO..DY.....____.Tt. JORM MIOR+LAB. I CEDAR RAPIDS •DES ,MOINES H pj r 1 1.j...,._...,.MICROFILMEO..DY.....____.Tt. JORM MIOR+LAB. I CEDAR RAPIDS •DES ,MOINES H r 1 1.j...,._...,.MICROFILMEO..DY.....____.Tt. JORM MIOR+LAB. I CEDAR RAPIDS •DES ,MOINES H ,J 4 I E 3 i ,J Johnson County Council of Governments 410E. kbsrung[onSt bAoCity bwa52240 rr000 Date: August 29, 1983 To: City Council From: Cheryl Mintle, Human Services Coordinator Re: Human Service Agency Space Hearing In June a questionnaire was administered to City, County and United Way human service agencies in order to ascertain where greater efficiencies and improved operations could come through agencies combining various administrative services. The results, compiled from that questionnaire, indicate that seven human service agencies appear interested in sharing space. Our review indicates that these agencies also appear to be the most logical for consolidation. Consolidation of several human service agencies into a centrally located facility has long been proposed as a more efficient and effective method of service delivery. The interested agencies included the following: Iowa City Crisis Intervention Center, Johnson County Chapter of the American Red Cross, United Action for Youth, MECCA, United Way of Johnson County, Youth Homes, and Community Coordinated Child Care (4 -C's). A follow-up questionnaire is in process to determine the space needs of the agencies more specifically. The Johnson County Diversion Program has also indicated that they would be interested in coming together in a shared facility since the questionnaire. i i 1 i The Johnson County Board of Supervisors has expressed a willingness to apply for partial funding for building renovation through Community Development Block Grant funds from the Office of Planning and Programming. Grants are due January i 1984 and funds available April 1984. Individual grants can be as high as i $500,000. The proposed project is an eligible activity for CDBG funding and Johnson County ranks high (4th out of 160 large communities) in the community- wide ratings. One building that has been considered as the facility to house this consolida- tion of human services is the U -Smash -Em building, 126 S. Gilbert. The United Way Director, the County Planning Director and I toured the building with two staff members of Pierce King Architect:Associates in an effort to determine its suitability for this purpose. The attached cost estimate from Pierce King was submitted to United Way, detailing aspects of the building they would study for a cost of under $2,000. The human service agencies, including United Way are most interested in pursuing this project, and this site, but the cost of the study is prohibitive for them. It was felt that the City could benefit from this feasibility study even if the building is not used for consolidating human services and therefore would be willing to authorize funding for such a study. Therefore, I am transmitting this estimate from Pierce King for the Council's funding consideration in order to determine whether the U -Smash -Em building is a positive alternative for a consolidated human services facility. 1 ._ .... MICROFILMED BY. ` JO RM MICR+LAB - CEDAR RAPIDS - DES MOINES 1 r I 1 I G t-' CQ s j�UI C 111 g Zo© 1200 PARK AVENUE, MUSCATINE. IOWA 52701 TELEPHONE 718.287-0284 S20 E. WASHINGTON ST.. IOWA CITY, IOWA P.O. BOX 1348 IOWA CITY, IOWA .."&;5152244 8104 TELEPHONE August 1, 1983 Mary Anne Volm United Way of Johnson County 26 E. Market Street Iowa City, IA 52240 RE: Building Renovation Dear Ms. Volm: Thank you for this opportunity to work with you and various agencies concerned with this project. Scope of services covered by this proposal includes deter- mining the feasibility of renovating the building on the 100 block of South Clinton Street now owned by the,City of Iowa City. The existing building is a two story structure built in two or more phases. Its former uses include service as a repair garage. It is currently used for storage by the City. On the surface, there appear to be some major problems with the building which may preclude its economical reuse. -In order to determine this we,will: 1. Measure the existing building and prepare scale drawings. 2. Check original structural design for compliance with current standards. 3. Evaluate the deterioration of the structure for safety. 4. Surveythe availability of.utilities to the building. 5. Develop structural, mechanical and electrical options for renovation. 6. Survey insulation, windows, roofing and other weatherproofing problems and 0Dtions. 7. Prepare cost estimates for renovation. 8. Determine space requirements for the various user groups. 9. Develop schematic designs to evaluate your efficient use of the space. 10. Compare feasibility of renovation to new construction on this site. 11. Present our findings to you in an appropriate format. We are willing to work with the financial capabilities of your charitable organizations. At this time, it appears this study could entail $2,000 for our services and that of our consultants. We would work on an hourly basis with this figure as a maximum and thereby use only as much money as is needed to do the work. If desired, we can limit our scope of services to further economize. - Page 1 - MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS IfYf MICROF I LMED. BY JORM MICR+LAB (? ;I CEDAR RXP!OS • DES MOINES Page 2 United Way of Johnson County August 1, 1993 We did not discuss your timetable for this work, but we could prepare a stud j such as this in one to two weeks once.we.are authorized to proceed. Please keep us Informed of your progress in obtaining funding. us. We look forward to working closely Again, we thank you for calling on with all of you. Sincerely yours, David F. Martin, AIA DFM/sae v z7. JORM MICR+LA9 I CEDAR RAIDS • DES MOINES 1 City of Iowa City MEMORANDUM Date: September 1, 1983 To: City Council From: City Manage Re: Transformer at Iowa State Bank Enclosed is a letter from Mr. David Levy of Iowa -Illinois Gas and Electric Company requesting that the City permit the placement of an electrical transformer in front of the new Iowa State Bank Building. As the City Council has previously raised questions about transformers in public right-of-way, I will schedule an opportunity for you to discuss this matter with representatives of Iowa -Illinois and Iowa State Bank'at your informal Council meeting of September 12. If you have any questions in the interim, please contact me. A copy of the plans is available in our office. tp3/3 cc: Tom Hoogerwerf Frank Farmer George Dane Dick SummerwiII David Levy Dale Helling ^ _ .MICROFILMED BY-_.. DORM MICR¢LA9 CEDAR RAPIDS DES MOINES I i I r I City of Iowa City MEMORANDUM Date: September 1, 1983 To: City Council From: City Manage Re: Transformer at Iowa State Bank Enclosed is a letter from Mr. David Levy of Iowa -Illinois Gas and Electric Company requesting that the City permit the placement of an electrical transformer in front of the new Iowa State Bank Building. As the City Council has previously raised questions about transformers in public right-of-way, I will schedule an opportunity for you to discuss this matter with representatives of Iowa -Illinois and Iowa State Bank'at your informal Council meeting of September 12. If you have any questions in the interim, please contact me. A copy of the plans is available in our office. tp3/3 cc: Tom Hoogerwerf Frank Farmer George Dane Dick SummerwiII David Levy Dale Helling ^ _ .MICROFILMED BY-_.. DORM MICR¢LA9 CEDAR RAPIDS DES MOINES I i i I i h 1 .i i i s RECE-IVE0.A.:`o 01583 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY DAVENPORT. IOWA August 29, 1983 Mr. Neal Berlin City of Iowa City 410 East Washington Iowa City, Iowa 52240 Subject: Location of Iowa State Bank Transformer Dear Mr. Berlin: 9 Iowa State Bank S Trust Company (ISB) will be starting construction of.their building addition at their main office at 102 South Clinton in the near future. Our Rules and Regulations require ISB to provide us with a site for a pad mounted transformer to serve them. We have worked closely with them to examine various alternatives for the site. The only location whirr is agreeable to both parties and is economically feasible is along the sidewalk on Clinton Street at the southwest corner of the new building. It would be similar to the transformerwhich is located on the west side of Clinton Street in front of the Old Capitol Center. Enclosed is a site plan and elevation drawing to provide you with more detail. Iowa -Illinois and ISB are anxious to know if this location is acceptable so that we may proceed with the project. If it is necessary to make a presentation to the City Council or the Design Review Committee, we are very willing to do so and would appreciate being placed on the agenda as soon as possible. i would appreciate your prompt attention to this matter and look forward to hearing from you. If you have any questions, you may reach 'me at 338-9781. ' Yours truly, David ' Levy, perinterid ett Distribution Division Enc. cc: T. Hoogerwerf F. Farmer G. Dane POST OFFICE BOX 4350, 306 EAST SECOND STREET. DAVENPORT. IOWA 52305 ...__...MICROFILMED.BY.__.._.__....'. JORM rAICR+LAB CEDAR RfP!DS • DEC MOINES 3 I EI i RECE-IVE0.A.:`o 01583 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY DAVENPORT. IOWA August 29, 1983 Mr. Neal Berlin City of Iowa City 410 East Washington Iowa City, Iowa 52240 Subject: Location of Iowa State Bank Transformer Dear Mr. Berlin: 9 Iowa State Bank S Trust Company (ISB) will be starting construction of.their building addition at their main office at 102 South Clinton in the near future. Our Rules and Regulations require ISB to provide us with a site for a pad mounted transformer to serve them. We have worked closely with them to examine various alternatives for the site. The only location whirr is agreeable to both parties and is economically feasible is along the sidewalk on Clinton Street at the southwest corner of the new building. It would be similar to the transformerwhich is located on the west side of Clinton Street in front of the Old Capitol Center. Enclosed is a site plan and elevation drawing to provide you with more detail. Iowa -Illinois and ISB are anxious to know if this location is acceptable so that we may proceed with the project. If it is necessary to make a presentation to the City Council or the Design Review Committee, we are very willing to do so and would appreciate being placed on the agenda as soon as possible. i would appreciate your prompt attention to this matter and look forward to hearing from you. If you have any questions, you may reach 'me at 338-9781. ' Yours truly, David ' Levy, perinterid ett Distribution Division Enc. cc: T. Hoogerwerf F. Farmer G. Dane POST OFFICE BOX 4350, 306 EAST SECOND STREET. DAVENPORT. IOWA 52305 ...__...MICROFILMED.BY.__.._.__....'. JORM rAICR+LAB CEDAR RfP!DS • DEC MOINES 3 I EI City of Iowa City f-- MEMORANDUM Date: September 2, 1983 To: City Council p From: Rosemary Vitosh, Director of Finance 1j Re: Park Land Acquisition Fund The park land acquisition fund was established in FY83 by a transfer of $10,000 from the General Fund. Another $10,000 is scheduled for transfer in FY84 which means that the balance this year will be $20,000 in that fund. bc5/9 __..t11LROFILMED9Y_.._ _�.. fJORM MICR+LA6 CEDAR'RARIDS• DES MOINES City of Iowa City MEMORANDUM Date: September 2, 1983 To: City Council From: Rosemary Vitosh, Director of Finance Re: Hotel/Motel Tax Receipts The City has not received payment from the state as of this date for the first quarter of hotel/motel tax collection. However, the State Department of Revenue has confirmed by telephone that the total tax collection in that quarter amounted to $25,063.57 and that the City should receive the tax money around the 7th of September. The FY84 budget projected annual tax receipts of $89,000. Those receipts were allocated one-fourth to the Convention Bureau, one- fourth to be set aside for future Parks and Recreation Capital Projects, and one-half to the Police Department for the funding of the new Police officers. bj5/5 F RMMICR+LAB NR RAPIDS • DE: MOINES /A6 z CITY OF IOWA CITY INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUES AS OF 08-31-83 Commercial issues Issued: 1980 Younkers 1981 Stephens 1981 Lenoch & Cilek 1981 Rosja 1981 Cards et Cetera 1981 Michael J's 1981 Mark Henri 1982 Henri Louis, Inc. 1982 Marcia Kay Roggow 1980 I.C. Brown Bottle 1982 Ju. . --. A-. rlark $ 1,600,000 100,000 150,000 70,000 100,000 150,000 70,000 95,000 165,000 460,000 100,000 2,000,000 500,000 2,500,000 550,000 $ 8,610,000 $ 10,000,000_ 650,000 900,000 500,000 $ 12,050,000 $$ 20,660,000 __.. ...'+._.......111CROFILMED -Of. ,_._:._...�.. _. JORM MICR+LAB ' CEDAR R61OS • DES MOINES ` )j i i i i 1 { i I -2- Industrial Issues Issued: 1969 H.P. Phillips 1980 E.B. & A.C. Whiting 1982 Thomas & Betts 1982 Doe Beverage 1983 Blooming Prairie Warehouse Subtotal Memorandum of Agreement Signed - Bond Sale Pending: Millard Warehouse .�.�.�.111CROFILMED,BY_ ____-.,.�... 'JORM MICR+LAB -CEDAR R6IDS • DES MOINES $ 4,375,000 1,500,000 5,400,000 434,000 363,000 $ 12,072,000 $ 2,450,000 $ 14,522,000 $ 19,975,000 24 235,000 $ 44 210,000 V I F City of Iowa City MEMORANDUM Date: September 1, 1983 To: City Council From: Anne Carroll, Director of Human Relations Re: Affirmative Action Status Report Summary The following is a summary of the City's Affirmative Action progress during FY83 as detailed in the Affirmative Action Status Report.. On the whole, this report points to a number of areas of success in our Affirmative Action efforts, along with however, some areas where attention is still warranted. For the first time in this report, 1980 census figures were available for use and indicated a minority representation in the Iowa City SMSA labor force, our primary recruiting area, of 4.1 percent. (Previous to the 1980 figures, a 2.2 percent minority representation was found in the SMSA.) During FY83 the City of Iowa Citycombinedpermanent and temporary workforce minority representation increased from 3.9% to 4.6%. Although the minority representation within our workforce exceeds that found in the labor market, a significant measure of the excessive Affirmative Action, that margin of success is not as great as previously believed. Specific measures of the effectiveness of our Affirmative Action efforts are as follows: Overall Representation Workforce Minority Representation: Permanent Employees Temporary Employees Combined Applicant Pool Minority Representation Iowa City (SMSA) Labor Force Minority Representation (Source: 1980 Census) FY81 FY82 3.0% 3.8% N/A 4.1% 3.0% 3.9% 8.6% 6.7% FY83 4.4% 5.3% 4.6% 6.4% 4.1% Minority Representation -......_._MICROFIWED BY - JORM,. MICR+LAB -CEDAR WP105 DEC MOINES Jf I Female and Minority Representative by EEO Categor Officials and Administrators Female representation in these top level positions, at 35.7%, greatly exceeds that found in the national labor force (10%). No minority group members are found in these City positions currently (national representation is 3.5%), however no vacancies occurred in this category during FY83. Professionals Female representation within the City workforce, at 38.2%, exceeds that found in the labor market (approximately 25%). City minority professional representation is only 1.5%, and -although the minority representation amongst professional positions in the SMSA labor market is 0% for many categories of professional positions, this is an area where effort should continue to be made as vacancies arise. Technicians Female representation is satisfactory. No minority group members are found among these positions. These positions are frequently internal promotional opportunities and current female and minority group members who are interested should be trained to enable them to qualify for promotion. Protective Services Female representation in these positions in the Police Department, at 10.3%, exceeds the labor market representation. of 6.8%. Minority representation in the Police Department is 5.1% - labor market representation is 0%. No minority group members or females are represented in the Fire 0epartment, an area where efforts should continue to be made as vacancies arise. Paraprofessionals Female and minority representation among these positions is quite satisfactory. These positions are generally internal promotional opportunities and are well used as such to further Affirmative Action. Office and Clerical Minority representation of 4.1% is comparable to labor market representation of 2.3%-4.9%. Skilled Craft Minority representation in these positions, which are the top of many promotional ladders, slipped somewhat from 4% to 3.2%, although this level of representation is still above that found in the labor market. Female representation amongst skilled craft positions increased from 4% to 6.5% during the last year, but will continue to require further efforts. J•."...___.,III CROFILMEO.BY, .. ._� ...., JORM MICR+LAB CEDAR RA PIDS • OEC MOINES I i A0 i Service Maintenance ons These positions are generally the en for higher positionsy level dioatl evel non -office fpositnsThe and make up the promotional p 'largest number of City permanent employees are found in this category. Female representation in these positions increased to 15.9% this year from 13.5%, above the most common labor tions are c nsideredtbynfor some t these traditional which is 9.4%. Many of these p "male" positions, which continues to be apparent in a relative lack of female applicants for many of the positions. Minority representation, t esen o ion, at representation olf of210.3% is significantly above the most common labor Temporary Employees Like Service Maintenance employees, temporaries comprise an often used recruiting pool for permanent City positions due to the preference given to them by our labor contract. Labor market representation figures are unavailable for to maintain a minority these positions, but efforts are made, at minimum, in th mark as a whole. nd bor { ForFY83 representation minovrityhrepresen4.tationl mongutemporariesawas 6.3%et Total female representation was 59%. Salaries in ers and Salaries $13,0 0-$19 999 majority minority of group salary el es are clu ary ranges,females are therepresented te nedall salary ranges including the highest range. A comparable worth system of .job classification, which establishes relative salary ranges for positions, is used for all City positions, and works to eliminate the underpricing of traditional female positions. Salary levels of minority group members and females are related to the lwhich continues lo toiholdldown thethe irgSalaryion and levelstheir relativeuto with the City, white males. Increased tenure within the organization and promotion should remedy this discrepancy. Turnover Rates The voluntary resignation rate of minority noritedmales . that (ofewhisigna ion)b tdishitt ite females (9 resignations) slightly considered to be significant. No minority group members or females were discharged in FY83. New Permanent Hires Twenty-one new permanent employees were hired in FY83. was 4.8% (one hire) and female representation was 33.3%. „^ __.._...MICROFILMED .BY__...__.I .. l JORM MICR+LAB f CEDAR RAPIDS - DE: MOINES i2 Minority representation Transfers, Promotions Demotions (including promotion from temporary to permanent status) Minority group members were significantly and positively represented in this type of employment activity, comprising 13.5% of promotions and 14.3% of lateral transfers. No minority group members were involved in voluntary or mandatory demotions. Minority representation in this category and in the New Permanent Hire category are significant measures of the success of Affirmative Action. Training Opportunities Female representation and training opportunities was five percent below female representation in the workforce, which perhaps reflects the greater availability of training opportunities for professional and administrative employees and the two-thirds male representation in those positions. Minority group member representation in training opportunities is equal to their representation in the workforce. Because training will facilitate promotional possibilities for minority group members and females, more emphasis should be placed on including them in training opportunities at rates which exceed their representation in the workforce. Although the bulk of this report is comprised of dry statistics, in evaluating our Affirmative Action program and efforts it is important to also give credit to the City employees who on a'daily basis make Affirmative Action work in their hiring, training, and promotional decisions, and in assuring that a work environment is maintained for all which supports the principles of Affirmative Action. Please feel free to contact me if you have any questions with regard`to this report.' 4 r__...,�.",..__:_...14ILRDE.ILME6,BY_.___....�. .. JORM MICR+LAB -CEDAR RAPIDS • DES MOINES 1 1 /463 ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO REGULATE THE NUMBER OF ROOMERS IN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to regulate the number of roomers per dwelling unit in single-family, duplex, and multi -family residential zones. SECTION 2. AMENDMENTS. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.7A.1 is hereby amended by substituting in lieu thereof the following: 1. Single family dwellings. One roomer may reside in a single family dwelling, provided that one (1) additional off-street parking space per roomer shall be furnished. Nonconforming uses (two- family and multi -family dwelling units) shall be permitted one (1) roomer per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. B. Section 8.10.8, subsection 2 is hereby amended by substituting in lieu thereof the following: 2. Two-family dwellings. Two roomers per dwelling unit may reside in a two-family dwelling, provided that one (1) additional off-street parking space per roomer shall be furnished. Nonconforming uses (multi- family units) shall be permitted - two (2) roomers per dwelling unit. For those dwellings in which the number of roomers exceeds the number permitted above,the provisions herein shall become applicable one (1) year after the effective date of this ordinance. C. Section 8.10.8.1.0 is hereby amended by substituting in lieu thereof the following: -- C. Multiple dwelling. Two (2) roomers per dwelling unit are permitted. One (1) additional ;-.' ._._..,_141CRDEILI7ED_BY......_:_..._� - JORM MIGR¢LAB -CEDAR RAPIDS • DE -S MOINES I i Ordinance No. Page 2 off-street parking space per roomer shall be furnished for any single and two family dwelling units. For those dwellings exceeding the number of roomers permitted above, the provisions herein shall become applicable one (1) year after the effective date of this ordinance. D. Section 8.10.8.2.C.2 is hereby amended by substituting in lieu thereof the following: (2) Dwellings with a maximum of three (3) roomers in each dwelling unit provided that for single and two family dwellings one (1) additional off-street parking space per roomer shall be furnished. E. Section 8.10.9 is hereby amended by adding Section D, which shall read as follows: D. Dwellings with a maximum of three (3) roomers in each dwelling unit provided that for single and two family dwellings one (1) additional off-street parking space per roomer shall be furnished. — SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK T....^.'._......._.MICROFILMED.BY. ___.__,_.� l DORM MICR+LAB r -CEDAR RAPIDS • DES MOINES 1 pt 1 i Received d Approved By The Legal D partmant i and seconded by It was moved by as read be adopted and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER FERRET First consideration Vote for passage: Second consideration Vote for passage: Date published r_.�. ... ...MICROFILME D..BY._._.:_._.� ... JORM, MICR#LAS -CEDAR. RAPIDS DES MOINES - i ORDINANCE NO. ORDINANCE AMENDING THE ZONING ORDINANCE TO PERMIT ZERO LOT LINE DWELLINGS IN CERTAIN RESIDENTIAL ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the zoning ordinance to permit the construction of zero lot line dwellings in single-family, duplex, and low- density multi -family zones, under specified conditions. SECTION II. AMENDMENT. The Zoning Ordinance of the Code of Ordinances is hereby amended by the following: A. Section 8.10.3A of the Zoning Ordinance is hereby amended by adding the following definition: 26b. Dwelling - zero lot line. A single family dwelling with one wall located on a side lot line. B. Section 8.10.4 of the Zoning Ordinance is hereby amended by adding the following: RIC - Single Family Residence Zone C. The Zoning Ordinance is hereby amended by adding the following: 8.10.7.1. RIC Zone Use Regulations I. Premises in the RIC Single Family Residence Zone shall be limited to the uses set forth in Section 8.10.7. 2.Duplexes. D. Section 8.10.19 of the Zoning Ordinance is hereby amended by adding the following: Zero lot line dwellings in RIC, R2 and R3 zones which meet the following specific conditions: I. The minimum lot area shall not be less than 4,350 square feet in the RIC Zone nor less than 3,000 square feet in the R2 and R3 zones. 2. Where an abutting lot has been developed with a side yard of more than 0 feet but less than 10 feet, the dwelling shall be located such that there is a minimum of 10 feet between unattached dwellings. 3. No portion of a wall, roof, or appurtenance thereto on the zero side �_ ... �.... ._ ._.. MICROFILMED: BY_ ____t DORM. MICR+LAB ` -CEDAR RP PIDS • BES MOINES I R Ordinance No. Page 2 yard shall project over the lot line. Openings in the wall shall be prohibited. 4. Buildings shall be designed such that stormwater from roofs does not run directly onto abutting lots. 5. Legal provision shall be made for permanent access for the maintenance of the exterior portion of the proposed building wall located on the lot line and for other common elements such as aisles. A permanent ten foot maintenance easement to provide such access shall be secured prior to issuance of a building permit. 6. One side yard shall be at 0 feet and all other side yards at 10 feet. 7. The two required parking spaces may be provided in the front yard. 8. Each zero lot line dwelling shall be provided with separate building access and with separate utility service from the street or rear lot line. 9. All other requirements of the zone in which it is located shall be applicable. E. Section 8.10.22A.1 is hereby amended by substituting in lieu thereof the following: 1. In RIA, RIB, RIC, R2, R3, CO and CH Zones, said buildings shall not exceed two and one-half (2h) stories and 'shall not exceed thirty-five (35) feet; except that a building one lot in the CO or CH Zone within 45 feet of the side lot line of a lot with an existing residential building in an R Zone shall not exceed the height of said residential building. F. Section 8.10.23A is hereby amended by adding the following: One Front Yard Zone Having a Depth of RIC 20 feet Two Side Yards One Rear Yard Having a Width of Having a Depth of 5 feet 20 feet G. Section 8.10.24A. is hereby amended by adding the following: F......•:......._.....MICROF.ILMED.BY..__.._...� t JORM MICR+LAEI -CEDAR. RAPIDS • DES MOINES l' /f6.5 D Ordinance No. Page 3 Frontage Lot Width Area in Zone in Feet in Feet Sq. Ft. RIC 25 45 4,000 Single Two Multi - Family Family Family 4,000 4,350 H. Section 8.10.26A.1 of the Zoning Ordinance is hereby amended by deleting said section and substituting in lieu thereof the following: 1. In the RIA, RIB, RIC and R2 Zones: (a) Private garages. (b) Home occupations. (c) Vegetable and flower gardens. - (d) Tennis courts, swimming pools, garden houses, I pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to family uses, i and fallout shelters or blast shelters. (e) Storage of wood, lumber and other material where the land occupied by such storage is confined to one location with a maximum area of one hundred (100) square i feet;.provided that there is at least eight (8) inches of - free air space under such storage. (f) Keeping of small animals commonly housed in a dwelling but not for sale purposes; provided, however, that this shall not affect farms of more than three (3) acres where animals are housed in structured located more than fifty (50) feet from property lines. I. Section 8.10.35.5 is hereby amended by adding RIC as follows: 8.10.35.5 RIA, RIB, RIC and R2 Zone regulations. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. r _ , ,,MICROFILMED.BY... ..�. E JORM MICR+LAE3 l ' -CEDAR RAPIDS • DES MOINES r lllff{ I jjj 1 Ordi„ante No. Page 4 SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: MAYOR CITY CLERK •_",. ,___.-MICROFILMED BY- JORM,. MICR, +LAB •CEDAR.WPIDS • DE-- MOINES I i I i ) I i. Ordi„ante No. Page 4 SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: MAYOR CITY CLERK •_",. ,___.-MICROFILMED BY- JORM,. MICR, +LAB •CEDAR.WPIDS • DE-- MOINES I i t i. I Received d Approved By T e Legal Ue art ent 13/3 Ordinance No. Page 5 It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: . ABSENT: BALMER DICKSON EROAHL LYNCH MCDONALD NEUHAUSER j PERRET r _._,.I4ICROFILMED.BY.._ �.�. l JORM MICR#LAB -CEDARAAPIOS - OE'- MOINES } 1 ■ IOWA CITY PUBLIC LIBRARY FISCAL YEAR 1983 FINAL REPORT Fiscal Year Objectives: 1. Continue library services to 65 percent of Iowa City residents by reducing in -building user/staff ratios to 12,000 users per one FTE staff member, limiting circulation to an average 160 items checked out per hour open, and holding the ratio of information staff to questions handled to 17,000. 2. Maintain the library's collections by acquiring at least one new or replacement item for every 40 circulated. 3. Sustain the current level of volunteer hours, gift materials added and 4. private funds received to augment basic.tax support. Complete the first cycle of a systematic planning process to assess community priorities as the basis for annual budget proposal for FY84. Work Completed: 1. Our attempt to reduce user/staff ratios failed despite the new staff available this year. See performance measures IA thru 1D. 2. Over 12,750 items were added to the collection in FY1983. This is one item for every 42.0 circulated. Although more items than planned were added, circulation increased at an even faster pace. This for use in FY84 performance memeasure has been refined asures and should'be even more useful for assessing general collection growth or deterioration. 3. Volunteer service exceeded the goal for FY83. The 4873 volunteer hours were equal to 2.3 full time persons. Gift books and records (1861 items) accounted for 14.6% of all acquisitions and was up 21% over FY82. Funds from gifts and grants accounted for 22% of all dollars spent on library materials. 4. The Planning Committee finished its work in June and presented the report to the Library Board in July 1983. This process took almost one year longer than originally planned. The priorities will be used to plan the FY85 budget rather than FY84. Performance Measures: FY81 FY82 FY83 FY83 (goal) (actual) I.A. % IC residents who are 46.2 65.0 registered borrowers 65 73.5 B. # people entering the building: 278,840 414,000 per hour open 471,634 per FTE staff 93 9 135.4 149.2 9,142 12,950 12,000 13,670 C. Circulation (Avg. # 146.4 162.0 160.0 items per hour) 169.5 D. Questions per FTE staff 14,849 18,982 17,000 19,875 assigned to Info. Desk E. Meetings by non -library groups 69 798 800 960 { �_.. ... _...._:.I4ICROFILI4ED DY...._.......i. ' JORM MICR4LAB f � CEDAR RPRI DS DES MOINES FY81 FY82 FY83 FY83 (goal) (actual) 2. Circulation per item added to 42.0 43.0 40.0 42.0 collection 3.A. % of acquisitions which are gifts 13.7% 13.6% 15.0% 14.6% B. % total acquisition budget from 19.2 23.7 20.0 24.6 grants and gift funds C. Volunteer hours 2,130* 5,138 4,240 4,873 1 # volunteer hours per FTE staff 69.8 199 160 183.9 I 4. • Have planning results available to apply to FY84 budget process. *Does not include 4300 hours for move to new building. Division Analysis: See complete Annual Report: especially Library Board and Director's reports. Expenditures Budget Actual % 6000 $670,747 $665,205 99.2 I ~ 7000 19,165 24,535 128.3 i 8000 161,035 141,553* 98.3 9000 98,400 99,614 101.0 ' I I Total $949,347 $930,909 98.0 *In addition, $17,992 was encumbered for EMS system and final FY83 CLSI • maintenance payment. TOTAL EXPENDITURES WITH ENCUMBRANCES: $948,901 (99.9%). _..... __•, MICROFILMED.BY_._. JORM MICR#LAB • CEDAR 010S DEC MOINES l 6-1�- August 24, 1983 I wish to submit the following recommendations to the Iowa City Airport Commission and the Iowa City City Council : 1) The F.A.A. will participate in the expense of paving the extention of runway 6-24 to the Southwest, however, they: will not participate in the purchase of the land. I personally do not believe the lengthening of 6-24 is the answer as I plowed the runways for 19 years and that was the last runway to be plowed. During the winter months this runway is almost impossible to plow due to the cross -winds. 2) The Master Plan called for the displacement of the threshold on 17, not the relocation of the threshold. Displacement.does not shorten runway 35, relocation does. 3) The relocation of 17 threshold does not eliminate the main hazzard, as the approach to 17 is not penetrated by the apartment buildings. The potential hazzard is the high performance aircraft departing on runway 35 experiencing a loss of power and hitting the apartments. 4) The relocation of 17 theshold should not be changed, however, if it is changed, the recently adopted zoning ordiance should not be changed. The 20 to 1 glide path starting 200 feet out j from the end of the end of the concrete should remain the same. 5) The City should purchase the apartments which have caused the non-compliance with the F.A.A. or turn the area into city -offices. If they are purchased, it should be done by condemnation procedure, nct by negotiation. 6) The City should purchase the old sandpit area South of the Airport for a future city park and recreation area, if the F.A.A. will grant a variance for the bowling alley. i Lengthening 17-35 to the South almost to the waters edge would increase the runway length to 4,800 feet. As the demand for a longer runway.occures, 17-35 can be lengthened by filling the sandpit. Conclusiont Forget about lengthening runway 6-24; either rent the apartments for city offices or carry out condemnation procedures to eliminate the potential hazzard. Purchase the land and sandpit area for an extention of runway 17-35 to the South and for a future park and recreation area. Respectfully Submitted, E.K. President Iowa City Flying Service, Inc. 1" �.'. MICROFILMED.BY. JORM.. MICR+LAB CEDAR RAPIDS •DEE MOINES Allocating sewer) funds Your editorial of Aug. 20 supported giving the Des Moines area the entire amount of federal and state funds allocated to Iowa for construction of wastewater *treatment planta and sewer construction. That decision would deprive every other city in the state of any federal or state funds for the foreseeable future. Such a policy is both unjust and unfair.... The Des Moines area project should be the numberooe priority. However, Iowa City, Ames and other smaller cities, all of which face serious pollution problems, should not be Ignored In the process..... The Des Moines arca has spent $30 million In preparation for Its treatment plant and Is now ready to build. Simllarly, Iowa City has spent approximately 110 million for design of our treatment plant and sewerage system and construction of an Later ceptor sears which Is part of that SyYouou further emphasize that all the planning for the DesMoiva-area project has been based on (the as- sumption of) 75 -percent federal funding. This is also true for Iowa City and acme other eligible cities You point out that a reduction to 55•pescent funding would double or even triple Ds Moines arca our rates. hates in Iowa City would at lost triple by ISM without federal assistance, with subsequent increases which may eventually result in a four. to sixfold increase. Finally, you suggest that a change to 5"ercmt funding would leave the Des Moises area project "soddenly in a lurch" as work is begun on the new faciflties Iaws City began wort several yeas ago and was prepared to caatiaaa when Use priorities were changed and we suddenly found ourselves In that very '9meh." We now experience, as do all the other cities that soddenly find Wem9elves with no hmding, that very situation which your editorial seems to depict as intolerable. You seam to Ignore the whole Issue of equitable distribution and offer an alternative solution — lobbying for increased federal faoding. Cities In situations such as Iowa Qty cannot afford sash an Idealtetle approach. We must deal with current realities. — Mary C. Neahase:r, mayor, 416 Ir", Washlogtns St, Iowa City. e . Des Moines is pleading for continued 75 -percent federal grant support. Five percent is added by the state, so that the local share drops to only 20 percent. Congress provided states the option of dropping to 55 -percent grant support a year ago or this year, and a number of states have done so. Next year (for FY 1985), support level automatically drops to 55 percent for new projects. Yes, projects begun before October 1984 can be continued at 75 -percent support U the state choses to do so, but many states plan to drop to 55 percent for all or part of these con- tinuing projects. The reason is simple. to spread dwindling federal grant funds over more projects and achieve maximum water -quality Improve. ment for the state as a whole.... The present sewer rate in Des Moines for typical stngledamily resi- dential use of 600 cubic feet is $187 per month. At the 1982 hearing, Harold Smith (director of the Des Moines -area sewage -management operating agency( stated that dropping from 75 -percent to 55 -percent support would double sewer rates in Des Moines ... from $5 to $10 on the average, which Is appar. ently for a higher quantity of me. For 600 cable feet, doubting would Increase the bill to $7.74 per month. A current survey of other large cities in Iowa shows lire medlars rate now is more than $6 for 600 cubic feet For Ames and Iowa City, receipt of 55 -percent grants ... would mean rates In the $10 to $15 range, If forced to proceed.wlWout grants, monthly charges would conservatively be $20 or more. In a mce, Ames, Iowa City and other cities would be subsidizing the Des Moines project... If Des Moines receives all of the $180 million shown in the planning Ud for the neat six years, its share of Iowa's total grant appropriation by that time will be approximately 27 percent, for only 10 percent of the state's population. — Faal 000dland, mayor, Ames. / s7V r 4 MIEROFILMCD BY :I JORM MICR#LAB t 1 CEDAR RhIDS • DE- MOINES ATTRACTING THE HIGH-TECH USER High-technology companies are =articularly sensitive to the quality of red by a prospective In • quality of life and amenities; •clustering of similar firms; 1.000 square feet of building. A high corporate image is site. addition• according to Drew Gibson, •community support and the ability to work together effectively; andt y to essential. John Parker, chairman, Equidon president, North Division, The Koll Company, high-technology firms are capital: and • Investment Builders, stressed the im. portance of Flexibility: high-technolo- concerned about the proximity to a airport proximity. gy firms are constantly growingand university, affordable housing within High-technology companies gener- changing and developers must ro- commuting distance• executive hous. ally are interested in buying land and vide options for their growth. This is ing close to the site of the'facility, and availability of labor both skilled and constructing buildings themselves. On the average, McCall stated, a high- Particularly true for companies work - ing on government contracts where semiskilled. These remarks were echoed by other speakers at a work. technology firm wants at least a 50. acre site with a 200,000 -square -foot expansion may be short-term in order to meet a government contract. shop at the ULI meeting in Seattle on building that can be expanded to High-technology companies fre. attracting the high-tech user. William A. Gould, president, Gould 750,000 square feet. High-tech com- pantes believe they can build better quently start small and grow quickly. Parker recommended that any major Associates, noted that high-[echnolo- and more efficiently than a developer. Park include a facility for staff -up gy firms pay attention to detail and For example. Digital wants to own all firms. Small firms may well move on architecture and. as a consequence • buildings over 25,000 square feet. to larger spaces in the same park. In developers must design projects with In response, Jack deRegt, press- providing "incubator" space, however, a concern for the building's design. dent, Holvick, deRegt•& Koering, developers will also need to provide a landscaping, and signage, as well as noted that high-technology firms are support system to assist the new com. amenities. William McCall, Jr., president. Leg. labor-intensive and as a consequence need access to low-cost, semiskilled la- Parties.' In summary, to attract the high. gat McCall & Werner, surveyed five bor. Nonunion states are more desir- tech user, a developer must provide companies in the Boston metropolitan able. High-tech firms are also seeking the flexibility needed for growth and area (Wang Laboratories, Prime Com- diversified housing convenient to the the quality of environment in which a puter, Digital. Data General, and site. firm would wish to grow. Computer Vision) to determine the factors of concern to high-technology Carol Durant of Teachers Insur- ante and Annuity Association Rochelle L Levitt companies. Location factors indicated were:. ex- plained-that lenders are looking for • thF proximity of university to en- good land planning and location. Lenders also look for a high land able employees to be retrained and constantly. interact with instructors; -to - building ratio and parking to accom. modate three and one-half Itachelle L Levin is associate director for cars per education at ULL r__ •.'.. _..._...JIICRDEILMED BY. ....� 4 JORM MICR+LAB •CEDAR RAPIDS - DES M 22 a T. T. HOOGERWERF OISTRICT MANAGER IOWA -ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY, IOWA 52210 September 1, 1983 Neal G. Berlin, City Manager City of Iowa City 410 East Washington Iowa City, IA 52240 Dear Mr. Berlin: Attached is a revised draft of Iowa -Illinois Gas and Electric Company's proposed electric franchise ordinance. This is in response to the City's proposed ordinance as you requested at our meeting on July 27, 1983. At that meeting, you also indicated a willingness to discuss a gas franchise ordinance simultaneous with the electric franchise. We much prefer this appioach. Since both expire on the same date and undoubtedly will contain similar provisions, concurrent discussion seems logical. We earlier provided you with a draft of a gas franchis We will be pleased to meet with you and Mr. Jansen at any e. time to discuss that draft as well as the electric franchise proposals. Sincerely, 7 -� TTH:F Attachment cc: J. J. Daniel nOnnrria oo+ rAo IOwAc,t, ONA,7210 n -DNC w.11A.q M1 ......MICROFILMED. BY_._ JORM MICRLAS CEDAR RAPIDS A DES MOINES t 1 l87l 3 i I f 1 IOWA -ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY, IOWA 52210 September 1, 1983 Neal G. Berlin, City Manager City of Iowa City 410 East Washington Iowa City, IA 52240 Dear Mr. Berlin: Attached is a revised draft of Iowa -Illinois Gas and Electric Company's proposed electric franchise ordinance. This is in response to the City's proposed ordinance as you requested at our meeting on July 27, 1983. At that meeting, you also indicated a willingness to discuss a gas franchise ordinance simultaneous with the electric franchise. We much prefer this appioach. Since both expire on the same date and undoubtedly will contain similar provisions, concurrent discussion seems logical. We earlier provided you with a draft of a gas franchis We will be pleased to meet with you and Mr. Jansen at any e. time to discuss that draft as well as the electric franchise proposals. Sincerely, 7 -� TTH:F Attachment cc: J. J. Daniel nOnnrria oo+ rAo IOwAc,t, ONA,7210 n -DNC w.11A.q M1 ......MICROFILMED. BY_._ JORM MICRLAS CEDAR RAPIDS A DES MOINES t 1 l87l 3 f i 1 I i i I . i i I I I I I i 71QrT1983 ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER'SYSTEM FOR A PERIOD OF TWENTY-FIVE YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Iowa City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and. upon the streets, avenues, alleys and public places to serve customers within and without said city of Iowa City, for a period. of twenty-five years from and after the effective date of this ordinance, and to furnish and sell electric energy to said city and its inhabitants. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1983, and any successor provisions thereof, as well as any.other applicablee statute or regulation promulgated by _ .MICRDFILMED-DY._. ..... ..... JORM MICR�LAB •CEDAR RfPI DS DE: MOINES r' t ■ administrative agencies under federal or state law, and this franchise shall not be exclusive. j Section 3. The Company shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through said city, but all said posts and poles shall be so placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of said city. The posts or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. The Company is authorized land empowered to cut and trim in a careful and prudent.manner, at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or j branches from interfering with the wires of the Company. The obligation of the Company, however, shall not extend beyond j trimming trees sufficiently to clear the electric wires. Section 4. In making excavations in any streets, avenues, alleys and public places for the erection of poles and wires or other appliances, the Company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable. 2. __.....M'IC ROF1LidED.BY-..__.". �. . JORM MICR¢LA9 ! - -CEDAR RAPIDS • DE: MOINES 1 1 i II i f 1 i administrative agencies under federal or state law, and this franchise shall not be exclusive. j Section 3. The Company shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through said city, but all said posts and poles shall be so placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of said city. The posts or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. The Company is authorized land empowered to cut and trim in a careful and prudent.manner, at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or j branches from interfering with the wires of the Company. The obligation of the Company, however, shall not extend beyond j trimming trees sufficiently to clear the electric wires. Section 4. In making excavations in any streets, avenues, alleys and public places for the erection of poles and wires or other appliances, the Company shall not unnecessarily obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable. 2. __.....M'IC ROF1LidED.BY-..__.". �. . JORM MICR¢LA9 ! - -CEDAR RAPIDS • DE: MOINES 1 1 Section 5. The Company, its successors and assigns, shall hold said city free and harmless from all damages arising on account of any negligence of said Company, its successors and assigns, in the erection, operation and maintenance of said system. Section 6. The Company, its successors and assigns, shall extend its lines and wires in accordance with rules and regulations approved by the Iowa State Commerce Commission. Section 7. The said Company, its successors and assigns, so long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the reasonable demands of said city and the inhabitants thereof. The energy furnished shall be of reasonably uniform voltage throughout the city and at all times up to the standard for efficient operation of lights, motors and appliances. The service shall be continuous twenty-four hour service, seven days a week, unless the Company is prevented from doing so by fire, storm, acts of God, unavoidable accidents or casualties, and in such event service shall be resumed as quickly as is reasonably possible. Section S. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business, 3. /pfr0 ..._.-MICROFILMED.BY.... .._..'.. JORM, MICR+LAB •CEDAR RAN% • DES MOINES I i. i i ..._.-MICROFILMED.BY.... .._..'.. JORM, MICR+LAB •CEDAR RAN% • DES MOINES I II "A r\ ' 1 Y� including, but not limited to, the requiring of a reasonable 1 deposit of any consumer as a condition of furnishing electric service to such consumer. Section 9. All proper and necessary police regulations shall be adopted and enforced by the city of Iowa City for the proctection of the poles, posts, wires, lamps and other apparatus of the Company, its successors and assigns. Section 10. Meters shall be tested periodically in accordance with rules and regulations approved by the Iowa State Commerce Commission. ! ' Section 11. This franchise shall apply to, inure to and bind the City and the Company and their successors and assigns; provided, that any assignment by the Company shall be subject to i the approval of the City Council by resolution, which approval shall not be unreasonably withheld. _ Section 12. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of providing electric service to the public. The Company must I est : ablish the necessity for each taking of private property and,. when so established, the City Council may approve the f condemnation of the private property by resolution. j; Section 13. The Company shall, at its cost and expense, I locate and relocate its facilities in, on, over or under any j 4. . I j 11%d �. ...MICROFILMED BY_ _. I t JORM MICR+LAB CEDAR RAPIDS DES MOINES 1 j p public street in the city in such manner as the city may require for the purpose of facilitating the alteration or change of the grade or location of any street; provided, however, if relocation funds are available from any other source, the city shall take appropriate action to seek reimbursement for and on behalf of the Company; and, provided further, the Company shall not be required c to relocate any electric facilities more than once for each city project. Section 14. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to and approved by a majority of the electors of said city of Iowa City voting at the next general or municipal election or at a special election called for, that purpose. The cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 15. The Company, its successors and'assigns, within 30 days after the approval of this ordinance by a vote of the people, shall file in the office of the clerk of the city of Iowa City its acceptance in writing of all the terms and provisions of this ordinance. Section 16. Upon the effective date of this ordinance, Ordinance No. 2170 passed and approved by the City Council of the city of Iowa City, on August 10, 1959, granting a franchise to the Company to furnish electric service to the city of Iowa City, 5. __ ._....MICRDERIIED.BY.. _._... JORM MICR+LAB CEDAR RAPIDS • DE> MOINES 1 I i t i 1 _ 1 and its inhabitants, is hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. Section 17. This ordinance shall become effective passage by the City Council, the upon approval of the voters as provided in Section 11 hereof, and the acceptance by the Company as Provided in Section 22 hereof. PASSED AM APPROVED this day 04 19 ti CITY OF IOWA CITY, IOWA By May—or----- City Clerk 6. MICRON ' LMED BY JORM �MICR/ LAB -CEDAR RAP wa JORM MICROLAF3 CHAP ?PPM, LC +10140. 1 _. City of Iowa City I MEMORANDUM DATE: September 9, 1983 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memorandum from We Assistant City Manager regarding City Council priorities for the remainder of 1983. Memorandum from the City Manager regarding use of.the Senior Center. 1 Memorandum from the Assistant City Manager regarding downtown parking regulations. 1 Memorandum from the Parking Systems Supervisor regarding handicapped parking Capitol Street Ramp. L Material from Bill Newbrough of Television Development Association of Iowa regarding proposed antenna tower. Article: Rent Control . L Library Priorities for the 80's. / Memo from Iowa City Fair Rent Coalition in response to legal opinion of proposed rent control ordinance by City Attorney Jansen and City .11 Manager Berlin. i _ MICROFILMED dY..__ .__... _ ) JORM MICR+LA6 ` ' -CEDAR R4105 • DES MOINES + I I 1 11 City of Iowa City MEMORANDUM Date: September 9, 1983 To: City Council _ ti From: Dale Helling, Assistant City Manager Re: City Council priorities for the remainder of 1983 As a result of your recent discussion, I have listed below your top six priorities for the remainder of 1983. Also included is a short synopsis of what action will occur prior to the end of this year along with an indication of who is responsible for that action. 1. Obtain funding for Wastewater Treatment Plant or identify alternatives for ten year interim. Report on alternatives and recommendations from the Wastewater Facilities Committee to Council by September 30, 1983. The Committee will finalize its recommendations and City staff along with the City's consultant (Veenstra & Kimm) will assist in the preparation of this report. Council will make decisions by December 31, 1983, regarding what alternatives will be implemented. 2. Implementation of the New Zoning Ordinance. The City Attorney and Planning & Program Development staff will coordinate Council review of the proposed new ordinance with a target date of adoption by December 20, 1983. . 3. Development of Urban Renewal Land - Block 64 Hotel. The City Manager and staff will facilitate execution of the UDAG contract by September 30, 1983. The developer is expected to begin construction in October 1983, with completion in the fall or winter of 1984. 4. Execute Urban Fringe Agreement with Johnson County. Execution of this agreement will occur by October 31, 1983, contingent upon resolution of all issues -by the Urban Fringe Committee. Councilmembers Erdahl and McDonald represent the City on that Committee. 5. Economic Development. a. The Ad Hoc Committee on Economic Development will present its report by November 1, 1983. b. The City Manager will assist Council in developing an ongoing funding mechanism by which the City can commit to an annual financial contribution to the economic development effort. ------111CR0E1LMEO.8Y_._......__i. . JORM MICR+LA9 i CEDAR RAPIDS - DEC MOIIIES I [1 Iowa City Municipal Airport. A plan for compliance will be submitted to the FAA by September 30, 1983, with a target date for acceptance and restoration of federal funding eligibility by December 31, 1983. The Airport Commission and staff, along 'with the City Attorney, will be responsible for this effort. Please review the above and advise me at your September 12, 1983, informal meeting if there are revisions to be made in these priorities. Once finalized, the appropriate changes will be made on your "Objectives" chart in the conference room. bdw/sp _..._MICROFILMED.BY_.. _ JORM MICRAS • CEDAR RAPIDS DES MOINES 1 11, C i i i [1 Iowa City Municipal Airport. A plan for compliance will be submitted to the FAA by September 30, 1983, with a target date for acceptance and restoration of federal funding eligibility by December 31, 1983. The Airport Commission and staff, along 'with the City Attorney, will be responsible for this effort. Please review the above and advise me at your September 12, 1983, informal meeting if there are revisions to be made in these priorities. Once finalized, the appropriate changes will be made on your "Objectives" chart in the conference room. bdw/sp _..._MICROFILMED.BY_.. _ JORM MICRAS • CEDAR RAPIDS DES MOINES 1 11, C City of Iowa City MEMORANDUM Date: September 2, 1983 To: From: City Council City Manager,// Re: Use of Senior Center At the June 16, 1983 meeting of the Senior Center Commission, Section 5.1. of the Senior Center Operational Handbook was amended to read "Organizations with mixed age membership whose services and activities are also beneficial to the seniors of Johnson County, will be permitted to hold meetings and participate in group activities at the Senior Center. Staff will handle the arrangement with these groups, and their use of the Senior Center will be based on the availability of space and of maintenance personnel." Although this action had been contemplated for some time, its passage was hastened due to a request made by the Human Rights Commission. The HRC explained to the SCC that they were particularly sensitive about holding their meetings in a facility which was not accessible to the handicapped. Since the Library Board discouraged use of its facilities by City groups, they asked if the Senior Center Commission would consider allowing them to use the Senior Center for HRC meetings. This was not the first request of this nature. Non-profit agencies who serve the entire community, rather than just the elderly, have al.so requested space for meetings. The Senior Center Commission was concerned with insuring that the, integrity of the Center as a senior facility not be threatened by. the needs and interests -of others.On the other hand, the elderly do not live' in a vacuum and so are interested and affected by the community at large. The Commission felt that they struck a proper balance in the new wording of Section 5.1. As there are no activities at the Senior Center in the evening, this is the period that would be appropriate for use by non -elderly agencies. However, availability of maintenance staff may present a problem. One Commission meeting on one evening a month would cause minimal extra maintenance time. There is, however, an expotential growth factor of work for staff,'which occurs when the next agency or commission is'accepted. The sum of $300 will -be allocated for FY84 to cover overtime incurred if more than one but less than five agencies or commissions meet at the Senior Center once each per month. If demand is higher than this Council will again be informed concerning the need for additional staff to serve these groups. ..........MICROFILMED'* YBW t JORM MICR+LAB S CEDAR RAPIDS • DES MOINES 1 City of Iowa City MEMORANDUM Date: September 9, 1983 To: City Council From: Dale Helling, Assistant City Manager — c Re: Downtown Parking Regulations Subsequent to your recent discussion regarding changes in the downtown parking regulations, the Traffic Engineer raised the question of whether or not loading zone restrictions should be enforced on Sundays. After having consulted with Tom Muller from the Downtown Merchants Association, it appears that the most effective approach would be as follows: 1. General Loading Zones.- These are the 15 -minute zones which serve the Old Capitol Center, the automatic bank tellers, the Library, etc. Because of a perceived need for some short-term parking even on Sundays, these should remain in effect seven days a week. 2. Commercial Loading Zones - There appears to be little, if any, use of these for commercial purposes on Sundays.. Therefore, these should be signed to be in effect from 6 a.m. to 5 p.m. except on Sundays. The actions outlined above will be incorporated into the implementation of the downtown parking regulation changes unless Council disagrees. If you have questions or wish additional information prior to implementation of these changes,, please advise me at your informal meeting on September 12, 1983. bj5/1 JORM RAPIDS +L CEDAR ' 11w s R I A I: 1 City of Iowa City MEMORANDUM Date: September 9, 1983 To: City Council From: Dale Helling, Assistant City Manager — c Re: Downtown Parking Regulations Subsequent to your recent discussion regarding changes in the downtown parking regulations, the Traffic Engineer raised the question of whether or not loading zone restrictions should be enforced on Sundays. After having consulted with Tom Muller from the Downtown Merchants Association, it appears that the most effective approach would be as follows: 1. General Loading Zones.- These are the 15 -minute zones which serve the Old Capitol Center, the automatic bank tellers, the Library, etc. Because of a perceived need for some short-term parking even on Sundays, these should remain in effect seven days a week. 2. Commercial Loading Zones - There appears to be little, if any, use of these for commercial purposes on Sundays.. Therefore, these should be signed to be in effect from 6 a.m. to 5 p.m. except on Sundays. The actions outlined above will be incorporated into the implementation of the downtown parking regulation changes unless Council disagrees. If you have questions or wish additional information prior to implementation of these changes,, please advise me at your informal meeting on September 12, 1983. bj5/1 JORM RAPIDS +L CEDAR ' 11w s R I A City of Iowa City MEMORANDUM Date: September 9, 1983 To: City Council From: Joe Fowler, Parking Systems Supervisor Re: Handicapped Parking/Capitol Street Ramp At the present time there are 15 marked handicapped parking stalls in the Capitol Street parking ramp. The State Code of Iowa, Section 104A.7 requires six -tenths of one percent of the availble spaces be reserved for handicapped. This requires us to have six reserved spaces. During the past five days spot checks have been done on the occupancy of the handicapped spaces in the Capitol Street ramp. The maximum number of spaces occupied at any one time during this period was three. Handicapped vehicles were parked on levels B and C only. At this time I would recommend the removal of handicapped parking on levels D, E and F of the Capitol Street Ramp. The stalls should not be repainted until a later date so handicapped parking could be reinstalled if the demand for it has been underestimated. The Dubuque Street Parking Ramp has 8 handicapped parking spaces. These spaces are approximately50% full during the.day time. I would recommend all handicapped parking in the Dubuque Street ramp be retained: bj5/12 rr �••^.MICROFIIJIED.BY_.._:._....�. I JORM MICR+LAB \ti •CEDAR Rd DI S DS • DEMOINES 2� j a _-1 A 1 C assn "sates, ink:., ux Txrlc COMMOL bn c:s :'/IAT;C^! CGYS[ L'i uY iS .i:RCI1AFT ACCIDENT,^.NFSTICATION +1R.?ACE 05MLCTION EVALUATION SiLIMES TS SCUM i -M T ENG, MEET %LTi MA i;CN STUDIES SCII.' XX rV7 ' Au:;u3t 30, t y33 Mr. Dwaine s. ailand Federal Aviation. Administration Central Region Operations, Procedures i Ai r3�aca 3rnnch 601 E. 12th Street Kansas City, Missouri 64106 R31 ,aeronautical Study Yumber '33-AC-7-573—JE Proposed .Antenna Tower - ':filliamstow, icsv 'Television Development ,association of Zoowa Dear Mr. :.i land 1 a ASSOCiate'a, inc., has been ^?t:11 :,?d :0 .?Ot=S2,^L Develocment Association o iawa• inaerC.;a''ti:al stildy C-333 r.^ Css o: the above refer_nced rr ll• •le have conduced our own 33;•7x31 fete line 1t5 .70tent-al "he C ^O?0811 1;:eC: Jn 1e r9:..1'1L'C31 il0�=1t 14 3 Iowa City area. 3cwerer o +' r_or SJ J..•);: ng our i;n,, •r.: posh t0 ure'of ent ?OTe 03CS7CJ'.i^.,� 7.. ,7^?`i0n •`J 1nd;ca:? `:{5 oortance of the Proposed antenna lower :O Iowa '; Fj Present planning is for the proposed television station to be interconnected with other new television stations proposed for the Les Moines and Carroll ares. This will allow simultaneous transmission of programming throughout the state. It is anti- CiDated that the three staticns would serve ut to a million homes in*lowa, Illinois, i,;issouri and !rebraska. Additionally, approx- imately 90 per cent of the homes in Iowa could bE reached. There will be tar.2ible benefits to -astern Iowa as well.from construction of the television station. :Torr. an ecc-omic stand- Doirt, at least 6 `ul1-timE ane part• -time station. e -''come would be located ir; or near lcwa Oity. X r er-:pts f nor,. c Vn "G 000. struction of the station is expecte: tc bE in t::t c- , �0_:G,000. range annually and the total direct r.itV Dayr:1:1 should initially exceed $250,000. a year. Az o;: can LEE, :ne station will be a mato: asset to the :amcunity• c:.,,tt: ..E: t' SDOn6Cr5 arE continual", .•- --•-}! T ElEVibiO. and radiC S at: OT. as t0 tr.Eir need :or hi El: ^_'»�•i tt lTl^ tow Er�. IA t}:iE cat-, _ tower e' s neE^ed In Or:Er :Cr 'SDA. to :.= UrO:L'S?C antenna G'N n icnt 1 -. _ .. y'de the Drevlously diszussed ssrvlcr• and Upportunitieb " I,act- t E rest Of `:E StatE. .'Or all practical L'' Ern iCwa and t0 h v .a ..-- : Hees, t;? si^:al :r.+::, the JrOP--•-E�. t5!.E �i=1Un Etatior., �E....--t it Ff 11 bE trr,-smi:t:-g Ori a u.`.: Cr, a.^..".E:, ::- Ot go beyond the t:orizon, n.: .•e jt 1E nece45ar., t0 transait tLEir b:a..al :nom the h_F�':- e , o CE t0 tnE hor:zOn. ^sJAi Carl E_EVatiOn t0 G9XiT:2E t:: -:: a-.• wru_ . not _crier the=r antenna tower :.?i because It v. reduce their c--vera--,e area and the n.17..=ar C' people served. It is projected that the proposec anterma tower Will have other aDplicstions to the benefit o:.ai_srace Users• There are a num- ber Of Ilan£ for Di Oirt-tO-DOnt=L......:nicatior. syst.er.b to Carry data, telephone ani other form- c: -television. si<^..als in the.East- err. Dcrt of Iowa. If the proz CSE: antenna tower is constructed and use: by these systems, tiger. =E'+Era' other HEW toccrs will be eliminated. Although the towers eliminated would Do_--bly not exceed 500 feet Aa:., any one o: them could create problems for the airspace users. it is also an.'to Inc that t A radic stat'- ions in the area will be attemttinc'to increase their antenna tower heights to more than 1,000 feet within the next Z to 3 years. it aDDears that at least four of these stations could achieve this by relocating to the tower Droposed by TDAI• We acknowledge that most of the information discussed above has no status in your aeronautical study results re>_arding the affect of the proposed antenna tower on use of the a:rsDace. The fact that other stations may relocate on the tower is'a factor, but we wanted to be sure that your office is aware Of the potential benefits to the people (non -aviation) of Iowa if the proposed antenna tower is constructed. We'firmly believe that these benefits to such a large number of peop'ie and the economic :ac- tor for Iowa City `ar exceed any minor inconveniences to the air- space users that Tay be caused by construction of the antenna tower. 4 -. ._....MICROFILMEOBy JORM MICR+LA13 I •CEDAR RAPIDS • DES MOINES f i L K Our last statement was based upon: the results of our aeronautical study of the proposal. We found that, with minor Procedural adjustments, a 2,000 feet Ali antenna tower on ti -.e proposed site meets all applicable ?AA criteria for the issuance of a Deter- mination of No Hazard to Air Navi_ation. The T_,roposed site is clear o all :ederal Airr:ays and routes that mijrht be used by pilots for navigation in accordance with visual flight rules (V -P.). The antenna tower will be 12 naut- ical miles (It.i•:.) Southeast ofthe centerline of Victor Airway V-294. it will be 7.7 N.Id. ;test V-67 centerlinE and over 6 N.v. Forth of V -6-E. centerline. No airport environments are of fecte_ by the rrc•.osal. The stru- cture wil_ be 13 Ic .b:. 'West 0. tLe Iowa City i:'un_C''-D'al Alrnort, 8.5 I..!•:. ;northwest o: the }:along Airport and 6.E I;.K. South- • e=Et 0_` the olluman (private) Alrrort. The structure will have nc effect on existinz instrument anDroacn•Drocedures (1Ar) to any a_rport in the area. From a V:R standpoint, the site is clear of all identifiable V:R routes in the area. The Droposed structure will be more than 3, I\. L:. North o: ar. East -'gest powerline and approximately 4 N.M. South of lnterZtate LlEhway 1-80. It is aDDroximately 7 N.M. East cf a hiFhw•ay and railroad running :North-South through Williamsburr and Farnell. There has beer. discussion that the proposed antenna tower site is under a D -lot training area and you possibly received obj- ections to the DroDosal on that basis. We b=lieve this is a moct issue since the ?AA and Iowa Citv is plannin_ to establish an NDE 1AF tc the lcwa Cit Vunic--a- Air?ort wiLict will encom- pass most of _he ec-caliee tra:nine area. Historically, the. 7LA discourage= t. e esta•:•ais:^.meat of pilot trainini areas under areas of instrument :light rules tI:R) operations. 'There`ore, we must assume that the trai.ninr area is seldom used or is g6- ing to be moved upon estab'_lanaent of the NDB IAP to Iowa City, Even if it is not being moved, the pilot training area should not be a factor. The Federal Aviation. Act o: 1956, as amended, defines navigable airspace, in part,as the airspace above minimum altitudes of flight prescribed by regulations under the Act. TDAI's pro- posal does not therefore penetrate navigable airspace as de- fined by the Act. The reason is that rAR Part 91 does not est- ablish a minimum flight altitude for V.R pilots operating over open water or sparsely populated areas. The only requir- ment placed on pilots over these areas is that they may not operate closer than 500 feet to any person, vessel, vehicle or structure. �._ ..__... MICROFILIIED DY.� l DORM MICR+LAE3 i -CEDAR RfiPIDS • DES MOINES 75 u We have other concerns relating to pilot training areas anywhere and the misguided thinking about a pilot's right, whether stud- ent or commercial, to conduct flight at any altitude without re- gard for the rights of proper-;• owners. :or instance, Part 141, ADDenlix A, requires pilot-o—`n-nz schools to 'teach their stu- dent zilots how to conduct {light .:,aneuverin_ by reference to ground objects. Additionally, a student pilot may not solo until he or she has complied with the requirements of :AR Part 61.87. in this rezard, an aDplicant for a private pilot certificate must have logged instruction :rpm a qualified flight instructor or. flight maneuvering by reference to Ground obje•cts..'Further- more, the DroDosed antenna tower in this case will be ecuippeq with a high-intensity strob lizhting•syster.. whic:, _1 provide ade_-late conspicuity' to make the tower visible t0 pi_etE in su::1C_ent distance to avoid the tower. The ,:y V;ireg W`11 ext - of approximately !,450 fee` iron. the base, but a ' S.6:, radius of the tower is all that will be necessary to avoid a collisicn. This brims us to the a=f-ect 0: the proposed antenna tower or, the YD- IAP presently under develct:-ent :rom the West to the Iowa Citv ;auniCipal Airport. The IAF has beer, discussed by telephone with Ji: Dewey at the !I=G in h:irheapclis. Fe in _cated that cha•::=es in the IAF are not feasible w•_thout .aisinc.the IAP landing minimum. Our aErronauticai study regalis cc not support this thin'ring or that a procedurE cannot be-har.zed darin_ tie devel=opment process. We •Lave restudied the area since our discussion with the rI:10 and believe it is possible to improve the straight -in approach heading to 3 u1Wa.' 06 over what iE Deing planned. This- car, be acco,piished by movirg,te inbound heading 1$ to 20 decrees south of the sxtended-Runway 06 centerline heading and, ive bel_EVE, Still .. . the some Drcjected landing minimum. .B doinz this, and etablishinc the- tarn to the south side of course, will trove the prOCECu.f tu=n area comt•etely away fron the proposed ancenna tower site. Enclosed is a portion of the Chicago Sectional Aeronautical Chart showing the Drocedure turn: area which clears the pro - Dosed tower site. Additionally, it appears that the VOP. RMY 35 IAP is the primary approach to :owa City Municipal Airport be- cause it trovides lower land mum minimums than the landing mini- mum which will be available with the planned NDB IAP. Therefdie, we submit that movement of the NDB IAP procedure turn area, as we request, to clear the proposed tower site will not be a substantial adverse effect even if the NDB landing minimum has to be raised. 4 MICROFILM D BY. _...� 1 JORM MICR+LAEI -CEDAR RPPIDS - DE: MOINES �) 1 1007s- MICROFILMED 007s- , ■ 5 This eliminates all of the affect o: the proposed tower height except for the minimum radar vectorine altitude in the vicinity of the antenna. We submit that this is a procedural aajustment in a 3 mile radius of the tower that should have no effect on aeronautical operations or air traffic control in the area. As you already know, our client has attempted to satisfy the needs of aviation, and even.conducted preliminary coordination with your office, in the proposed site selection. TDAI is not only concerned about aviation matters but also about being a good neighbor in the area. The; even moved their originally planned site because of strong objections from a private pilot with a landing strip near the original site. TDAI does not wish to turn rural neigibors against each other. We believe that TDAI has already extended every effort, tite and expense to keep their proposed an�e^..na tower from restricting the operation o: aircraft in the area. It is clear that, with the indicated minor adjustments in procedures, the proposed structure will not cause any substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft. Therefore, it is apparent that the appropriate follow - or. action now is for your office to issue a Determ'_nation of No hazard to Air Navigation for TDAVE: proposal. Please keep TDAI and the undersigned informed of the progress and contemplated action(s) of your aeronautical study. You may contact James Shipman via telephone area code 703-256 4037 if you need to discuss the proposal or have any questions regarding the results o: our aeronautical szudy. SIncerly, 1-y..,... 'James E. Shipman Airspace Consultant Enclosure (1) cot To mr. William B. Newbrough (TDAI) (with copy of enclosure) If 75, .•.. _.._....MICROFILMED BY.. II _ JORM MICR+LAB 1 CEDAR RAPIDS • OES (WINES 1� I .. � i 1097 rc a •if%X r� s1e ?'Net -•\" 't• Cuorrr Grt Ge•'.u,i 1-� _ 1 �91� \ir A14. .r 12x3\L ti its \ i f ema . r rH7 1 -r : ; 1..:. ^ F.•. ..t; r I ?..'_ ' lY1aQ$d �. •{Dlr I'� - �Nnn•�.� Alf AYwdnn. Inc. .-.,� T, i •�r••..:, 50irller l:. T I- n. F.. e�, C"• 711' South 1% l\ hiung Street J c tandiia. \'A 77.w4 I I �[MP°ll'.�% I •/ l.. - �I ...~ w l,• N..1'r. 1 �e'�. -.�• , _ cry ..try I I �a4Fr...--_—.,ir .c -a:.. . IL'�r','� _-- 1-._..• ISFC.n ;c• V. `:• - _MlPl art:`'^ e•r. I// , - \ .'. � - `�. _ __ � ] �w// /' - tI �.... �n� y - i-�_: 4 ��e° :r•: _r r war IIv10a r t 1 r- _1-efO s~.- 1 ��•�y'�• y�i I , - n-• �� ie: nre - r j - I 90, r bad. L _-, + r rr •1 " :�-._. ��,hiw ..:.'. CIP G. ♦n -'l.• ..� 1 7e. Vr \• ! - I. _ I . �.� � � `_t _�.�_. _ -•ny:�.�F�. � 'G�. .: � o • :•-i,por'e r4.fe�nruel *r.•e/'/ i]w°47. :It r rAoJQ,p+lf f: t ' .'y{��/ / • _- ,�. t.23 ^ I, .- .r 3�-r':411_ r /? - i. '1 'we�:,q. ^ Y. r HA ---- .� F r % '7' ' ��. 7 • J '- �_ 1` - 7.-r .-.� �' Iru:i :/ � 1 ac. \. l I '-', •�./ �� PPP lel I'y ,no..u. I .r 5a1 • °t txz. It Lwv el 103 ` G ,..- a Se•.' .h SiGD�RNE• 1 _ _ w Cr..... .•. :1 - a ASrosr�=--Tb Fr»eo y U000Fnt .r. \ Leq,, • __ •�_ _ .. AW. „' `Coe w. n1 trrr C 770 ge J'.,yzz•/ 1 Ccl.•nl.r _ t' � 0101 1 r; 1 n ^\'erner h, I ylbr.:. + I I I KipYlle ' rbnbr � jfI PI••e,rm rlmr. tr.,r• 7�,n \W�"�'— G:a, F-:K'Lela �V.not i I 11:3 _ <u•nPOon}.•I •.: /7 -Il r�n;ae,00rp I *]hep Ml Unto. i. Ir" Y 7 ti 2. .,� ._.. 141CRDFILNED DY........ _..I. JORM MICR¢LA13 CEDAR RAPIDS ° DEC 110INES Y Rent control lows C(ty en 9 fall, in is facing ordlnano f to establ ah maximum the form of a proposed apartment in the city. The city rents for virtually every apart would be better off without It- The t u called the The ordinance is being a pushed by group Fair Rent Coalition. It says big rent hikes in recent years prove uncontrolled rents have encouraged Pargues, gouging g m Housing conditions will improve, the group Bu n s landlords city -determines what "fair rent" is and Prohi[n other hies U) from exceeding that level. Sounds good. But m rent control has not worked out that way. m' When rents are held artificially low, two things can be se in the number of new units, expected. One is a decrea because the profit incentive is lessened. n��errs instead 3 t their money where it yields ° ppeerpetuating the housing shortage. The culatother lrs who v existing housing may be taken over by spa Q skimp on maintenance and service, renting the building dshort-run until it must be abandone• They are ander rent profits — the only kind they canexpect ceilings — and are willing to risk an occasional fine to get IL The result Is fewer housing units, a higher percentage of substandard housing, and erosion of olutlon to mazk tax base. Rent control, far from being pressures, is a bad. idea whose timehag Passed* soon for Forget the pros and ons of the proposed moment, though, an a d see if there is even a problem. The rents are unreasonably high. The coalition says lows City numbers tell a different story. the consumer1975 and Index982. A recent survey shly owed 82 percept between -1975 that Period for one- and two• rent increases during bedroom units io Iowa Clty just respectively) ched while effitc ens (74 percent and 89 percent, respects Y) cies went up much. less (39 percent) and three-bedroom t controls units much more (120 Peroe to bolster thBackers ofe nargument. have seized on the latter figure They don't point out thatrCthr� omhousing units make city, up only an estimated 5 Pent or that those units tend to be newer and more luxurious than smaller units. a� more Thetwo.bedlonger om apartment In a bIgh-qui revealing. City come plea rented for i2�0 a month ln'1967• Had rent matched the CPI figure since is ° �if that's unfairunit would toto anybody, It now for t ss unfair to50. The th flandi Ste• to the 1aDdlord. It certainly Isn't "Price goug{ag•" The landlord -tenant relationship in a eollege.town is seldom a pleeeaD n ��dtiio ethey onsti- squeezedoutrageo IYbY�ordssus tute a captive market Some landlords ft, and see ito fficle cy in income is a heavenly better elivvery system than student renters, not finding maintenance and high rents on the one Stories of poor main stories of damaged Property and unpaid billd are s aon the tched bother. That's unfortunate, but that's life of sept thatpus- It Is doesn't justify experimenting with widely discredited. Especially not in a town where new construction is everywhere and rent increases for 95 percent of the units haven't exceeded the rate of inflation. t .. . _. MICROFILMED BY .._..� l JORM MICR6LAB i 1, I + CEDAR RAPIDS • OEC MOIWES i. le7(0 5 _. .-_.__..MICROFILMED-BY. .....__i JORM MICR+LAE3 1 i CEDAR RAPIDS • DES MOINES This report was reviewed and accepted by the Library Board of Trustees on July 28, 1983. JORM MICR+LAE3 CEDAR WPIDS - DES MOINES - i f i i I. i i .W CONTENTS INTRODUCTION I MISSION STATEMENT 2 LIBRARY•FUNCTIONS - Defined and 3 in priority order OPERATING PRINCIPLES 4 GOALS 1984-1989 5 OBJECTIVES 1984-1989 - In 6 priority order The -following appendices are in the full report and are available at the Library. ----- 2 • ---------------------------------- ------------ PRELIMINARY REPORT: PLANNING COMMITTEE TO LIBRARY BOARD, OCTOBER, 1982 E 4 - LIBRARY FUNCTIONS - As ranked by Library Board, planning Committee, and Library staff OBJECTIVES 1984-1989, Annotated• SUB -COMMITTEE REPORTS: Position Statement, goals, objectives, strategies and priorities. Information Agency w • I People's University Children's Door To Learning ; Popular Bookstore Students' Auxiliary Community Center �,I� ,,� V —• ��-:.-;•...._.._.....MILkOF..W1E0�aY_.._._.___�.... JORM MICR+LA9 -CEDAR RAPIDS • DES MOINES INTRODUCTION In October of 1982 the 15 -member Planning Committee, appointed by the Iowa City Public Library Board of Trustees and charged with making recommendations on the direction of library service in the 1980's, submitted its PRELIMINARY REPORT to the Board (see Appendix). That report, including the Committee's proposed mission statement for the library, rfflected the Committee's study of the Iowa City library and community profiles and of tpe preliminary findings of five community opinion. and library use surveys. In the October report, the Committee responded to questions raised by the Board in its charge and made preliminary recommendations regarding the library's future. Since then a reorganized 10 -member Committee has continued to work toward completion of its task. Surveys of a sample of fifth, eighth and eleventh grade students in the Iowa City public and parochial schools were analyzed and the results added to the Committee's store of information. The Committee proceeded with the goal -setting process, first by analyzing the Preliminary Report's recommendations, then by combining these with earlier written goals of the library into operating principles, and further by grouping goals according to six of the possible library functions described by Lowell Martin in his article, "The Public Library: Middle -Age Crisis or Old Age?" (Library Journal, 1/1/83, pp 17-22) Subcommittees composed of Planning Committee members, other Board of Trustees members and library staff met to develop goals and objectives for each of these six library functions. Each subcommittee gave priority ranking to objectives under three financial contingencies, and developed a position statement ranking its function as more or less important than other library functions. Members of the Library Board, public members of the original Planning Committee, and staff members on the Planning Committee read the position statements and ranked the six functions in order of importance. After final editing, then, the Planning Committee herewith submits its lists of goals, objectives and priorities, along with a revised mission statement and operating principles, all of which the Board may use to develop a long-range plan for library service. (IOWA CITY PUBLIC LIBRARY PROFILE, March 1982. IOWA CITY COMMUNITY PROFILE, March, 1982. 2Survey summaries to be published. _....J1IURUFILMED.BY.'. ..� DORM MIOR+LAB {R CEDAR RA Pt DS • DES MOINES 1 � D ■ IOWA CITY PUBLIC LIBRARY MISSION STATEMENT 2. The Iowa City Public Library is a service agency available free to all people of the community, and committed to collecting and dispensing information; serving as a source for self -education and personal enrichment; developing programs and services for children and others entering the world of reading; providing a center for recreational reading, listening, and viewing; furnishing supplementary resources for use by elementary and secondary school students; and making available facilities and resources for group interaction and community participation. _._MICROF.I LMED.. DY_.._ JORM MICR+LAB -CEDAR RAPIDS - DES MOINES 0 i l' i I L i. I 'i i IOWA CITY PUBLIC LIBRARY MISSION STATEMENT 2. The Iowa City Public Library is a service agency available free to all people of the community, and committed to collecting and dispensing information; serving as a source for self -education and personal enrichment; developing programs and services for children and others entering the world of reading; providing a center for recreational reading, listening, and viewing; furnishing supplementary resources for use by elementary and secondary school students; and making available facilities and resources for group interaction and community participation. _._MICROF.I LMED.. DY_.._ JORM MICR+LAB -CEDAR RAPIDS - DES MOINES 0 I 11 OPERATING PRINCIPLES 4. 1. The library operates as a forum for a wide range of information and ideas. It does not exclude materials from its collections because of partisan or doctrinal disapproval. 2. Fees should not be charged for basic library services and all services should be available free in some farm, but limits, fines and penalties will be designed to promote fair and equal access to limited resources. 3. Information comes in all kinds of formats and will be supplied (with necessary equipment) in whatever medium best serves the needs of the user. Therefore, in this library the word "book" is used in the generic sense. 4. Everyone's interests are of equal value regardless of one's social or physical status or level of intellectual achievement. 5. The library belongs to the people it serves and they should help determine what the library should be. 6. All services the library offers shall be available whenever the library is open. 7. When a choice must be made, the library will tend to prefer materials which are of lasting interest or more costly and difficult for the public to obtain over those which are probably of shorter term interest or are cheaply and readily available from other sources. 8. The library will strive to arrange collections and offer facilities and equipment in a manner that allows people to find materials and use services independently. 9. The library staff should be competent, approachable, fair minded and committed to serving the public. 10. The library shall provide an environment which welcomes individuality and Informality; fosters inquisitiveness, privacy, self-expression and self development; invites suggestions and gifts. �._.. -141CROFILMED.BY. l JORM MICR+LAB •CEDAR RAPIDS • DES M0114ES J I j / F77 : I j (1 I / F77 I r� ■ OBJECTIVES: 1984-1989 BASIC PRIORITIES COSTS/CONIEMIS "9. Increase from 702 to 752 the chance of finding a library -owned title an the shelf and available for checkout. 02. Maintain the qual Ity of the reference collection. 003. Improve response time to those weItIng for Informatlan Service In the but Iding. Establish a satisfactory ratio of staff/library users. /.'IYlnta/n current library hours. Increases, or decreases If necessary, will be guided by iresults Maintain at 702 the of the library user survey and priorities. 05. Maintaincollections to met user needs (area new volume per 70. circulations), and Library -owned title an Interests, as Identified by regular use a/ formal collection development techniques. 6. Teach thou in mail correct use of the computer catalog. i 7. Maintain the current level of programming for preschool children. ' 06. Implement at least arm strategy each year to improve *"Ices and resources for those with user self-service. 1,11.1 mods. Meal �7ttit !9. Implemmntat lust amstrategyeach Year to promote awareness o1 1lbrpry asrvisea among Library meeting rooms for. those grows not currently using Lhe Hire In proportion to their numbers in the It lust 1000 events per "10. ly)rnt '. at. least age, 'strategysash year to promote awareness and understanding of ..,:� eaMce options and las specific llbra • n gg collections. All. Develop a policy concerning the Library's growing rola as childcare provider: a. 0012. Is abi IIty of clrcuLtion staff to check out up to 700,000 Items per year, vhl le I!j accordance � with user malntalning effective public relations. 17. Provide resources and assistance to community users of Library meeting rows for at lust maintain maximum circula- 1,000 .vents per year... I 016. Improve the use of channel 20 to fulfill the priori ti s of the IIbrary. ' 15. Post at lust 650 notice& per year on bulletin boards and distribute 75,000 pamphlets in tions In hours with giveaway racks. 16. Improve ongoing school/library cooperative efforts with both private and public local materials to maintain a' scho Is and the University of Iwo. I Il. Slpllfy 'procedures' and techniques to allow,users to successfully find materials ' amand to the Library Independently. Ia. Improv acus to and currency of Library -produced community Information 11las. 19. Facilitate use of the AV lab by the public for at lust 15 hours per week. 4020. Provide micro computers and compatible software for public use. 21. Provide tours, bookllsts and other personal "matters aids" for school ape children and Cuts -.' young people Witch mmphaslis personal and recreational services and resources. backwards from the end of the 22. Continue present library programming policy with emphasis on responding to community nude I{ and Interests. 00 I� i, INCREASED FUNDING PRIORITIES 1. Raise basic telephone reference service to the same level as reference service In the building, after a satisfactory respwnse time to In - building Informalton ,eskers bas been achieved. 02. Establish at lust one remote catalog terminal access paint In a location outside the library. 07. Expand the local news- paper index to Include the ally [wan. "e. Study. the feasiblily of contracting with a vendor to provide access to national data best,. S. Increase to am the chance of finding a Library -wad title on the shelf and available for checkout. 06. Improve collections to meet user needs (one new voltage per 25 circula- tions). 07. Train at lust 10 community groups per year to tape or cablecest their own meetings. S. Increase Library hours: weekdays, Friday evening,.-. more Sundays. DECREASED FUNDING PRIORITIES If funding Is not sufficient to maintain current cervices these objectives oustbebe done first. I. Maintain at 702 the i chance of finding a Library -owned title an j the shelf. i 2. Improve procedures and { techniques to increase { user self-service. l 2. Allow community use :of Library meeting rooms for. It lust 1000 events per year, but with fever eaMce options and las staff support. _ a. Reduce hours In accordance � with user gureey and, priorities. maintain maximum circula- tion and people into the building; balance reduc- tions In hours with reductlons In staff and materials to maintain a' full program. ' S. amand to the Library B Board candor what lrcr i impos fora& should sele b e �.. imposedextraextrlevelsfor. llevels is mf services. �. Cuts should be rads working '! backwards from the end of the Basic list. I{ 09. Expand original produc- tions and programming by staff for channel 20. elteas which may be enhanced or provided sooner with support from Outside resources such as gifts, grants, volunteers. '*$NOTE: These "priorllles' which are currently below standard or not being done could be sthleved either by Increased operating budget, including more staff, or by cutting lower priorities, some of which are current services. ' July, 1983 I i i. { 1 .•-... _ _...111CROFILIIED.BY JORM MICR+LA19 CEDAR NIS PIDS " DES MOINES 1 - I i r_ ........ ..:........MICROFILMED BY.__.___.�. 1 - - JORMMICR+LAB liit . CEDAR R61DS • DES MOINES I M I { t l j i 1 1_. AI 1 ♦� j r_ ........ ..:........MICROFILMED BY.__.___.�. 1 - - JORMMICR+LAB liit . CEDAR R61DS • DES MOINES I I Date: September 11, 1983 O D To: Mayor and Members of the City Council SEP 121983 From: Peter Grady, on behalf of the Iowa City Fair Rent CoalitionMARIAN K. KARR Re: Fair Rent Ordinance. CITY CLERK (3) City Attorney Robert W. Jansen presented you with an opinion dated September 8, 1983 which questioned the constitutionality of the proposed Fair Rent Ordinance. This memorandum will address Mr. Jansen's objections to the Ordinance and present the view that the Ordinance is within the Constitutional power of the City. I. THE CITY HAS THE CONSTITUTIONAL POWER TO ENACT THE ORDINANCE The Municipal Home Rule Amendment to the Iowa Constitution (known both as Article III, Sec. 40 and as Article III, Sec. 38A) grants cities in Iowa "home rule power and authority, not inconsistent with the laws of the General Assembly, to determine their local affairs and government. . Article I, Sections 1.01 and 1.02 of the Iowa City City Charter declares that the city "has.all powers possible under the Constitution and laws of this State," and that "the grant of power to the City under this Charteris intended to be broad." The Constitutional grant of home rule power is self -implementing. Green v. City of Cascade, 231 N:W.2d 882 (Iowa 1975). The Constitutional anguage, y its own terms, grants substantive power to cities without need of any enabling statute. Schneidler, Im lemntation of Constitutional Home . Rule in Iowa; 22 Drake L.Rev. 294, 306 973e , cited with approval in Green v. City of Cascade. - The Fair Rent Ordinance is based on the city's constitutional power, without reference to any state statute. Mr. Jansen's opinion ignores the Constitutional grant of Home Rule power and'the City Charter's acceptance of that power. Rather, Mr. Jansen's opinion focuses on language contained in Iowa Code Section 364.1. He states: "Section 364.1 of the Iowa Code contains an express denial of any power by cities to enact 'private or civil law governing civil relationships' unless 'incident to an exercise of an independent city power.'" (Jansen Opinion, p. 2:.) Mr. Jansen's reliance on this section of the code is misplaced;.the . language he relies upon is taken out of context. Section 364.1 of the Code contains two sentences. The first sentence of the section grants powers to cities in excess of that which has already been granted by the Constitution. Under this sentence, cities are granted MICROFILMED BY l JORM. MICR+LAB -CEDAR RAPIDS DES MOINES I I September 11, 1983 Re: Fair Rent Ordinance page 2 authority to "exercise an power and perform 2n4 function [a city] deems appro- rp fate to protect and preserve the rights, privileges, and property of the city or rof Tts residents. . ."(emphasis added.) The Constitutional gradetermint of ower "to is not so broad --rather, it is limited to power and authority ne their local affairs and government." Therefore, any words of limitation contained in the second sentence of Section 364.1 limit on)that power granted in the first sentence of Section 364.1. This is demonstrated by the wyrd5 of ' the second sentence: This rg ant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise .of an independent city power." (emphasis added.) If a given exercise of city power does not rely on the first sentence of Section 364.1, it is not limited by the second sentence of that code section. The Fair Rent Ordinance, which relies on Constitutional, rather than statutory, city power is simply unaffected by any words of limitation contained in the statute. Although the Fair Rent Ordinance does not rely on Section 364.1, Mr. Jansen's opinion contains`a lengthy discussion of the section which should be addressed, since the effect of his opinion is to severely limit the possible exercise of city power under the statutory grant. Mr. Jansen states: "The authors of the proposal have endeavored to tailor the language of the final clause of Section II [of the Fair Rent Ordinance] to track the operation of Section 364.1 of the Iowa Code so as to make it appear that enactment would be within the city's power." (Jansen Opinion, p. 3•) It is tempting to avoid answering this statement, for fear that the answer might be city powpraisatooriimportant-to ofression ego front addressing.Mie of the scope of city p Jansen's restrictive analysis .of that power. Some language in the proposed ordinance does track Section 364.1.. The inclusion of that language was not, however, motivated by some desire to "make it appear that enactment would be within the city's power" since there was never any intention to rely on Section 364.1 as the basis for the ordinance. D 1 ... ......_MICROFILMED.DY. JORM MICR+LAB -CEDAR R610S • DE: MOINES I 1 t_ - September 11, 1983 Re: Fair Rent Ordinance page 3 Rather, the language was included as an implied invitation to the city attorney to provide an expansive construction of city power --a legal position which the author believed would be welcomed by any modern city, faced with many problems, and needing the power to adequately address those problems. Mr. Jansen derives his restrictive reading of Section 364.1 from two jurisdictions --Massachusetts and Indiana. The Massachusetts authority, Marshal House, Inc. v. Rent Review and Grievance Board of Brookline, 357 Mass. 709, 260 N. E.2 200 1970 construed language contalne In the state's constitutional grant of home rule power. By determining that the limiting anguage o t at constitutional grant prohibited a fair rent proposal, the Massachusetts court was determining the broadest scope of municipal power in that state. It has already been demonstrated that in Iowa, the same language is irrelevant to an analysis of the constitutional power of cities. The Indiana case relied upon by Mr. Jansen is Cit of Bloomin ton v. Chuckne , 331 N.W.2d 780 (Ind. 1975). This case was ecided in the absence of any constitutional provision regarding home rule --and instead is.a construction of a state home rule statute. Therefore, the Indiana court was construing a statute to determine the broadest scope of municipal power in the state, without reference to any constitutional provision which provided an independent basis for municipal power. It is not enough, however,.to simply distinguish those cases, because Mr. Jansen uses these cases to predict the manner in which the Iowa Supreme Court would construe the language from Section 364.1. He states: "It seems to me that if the Iowa Supreme Court ever considered this question the Iowa Code language in Section 364.1 restricting municipal power will be read to give it effect, and further unless one can somehow avoid classifying the landlord -tenant relationship as a private civil relationship, the Massachusetts and Indiana cases can be deemed the better -reasoned opinions."(Jansen Opinion, p. 5.) While Mr. Jansen's opinion is certainly defensible, it lacks persuasive force because it ignores important considerations based on the nature of the FairRent Ordinance.itself, and on the history of the Home Rule movement in Iowa. 1. Mr. JanFen 'sopinion also ignores the single scholarly attempt to construe the language. Sandalow, The Limits of Munici al Power Under Home. Rule: A Role for the Courts 48 Mn.L.Rev. 643, 7 -675 1 6 . Professor Sana ow o fers three constructions of the language, each of which supports a Fair Rent Ordinance as an activity not prohibited by the limiting language of Section 364.1. IV,* ..�. ..... MICROFILMED BY. - _... t JORM MICR+LAB R CEDAR RP PIDS • DES MOINES ( I i September 11, 1983 Re: Fair Rent Ordinance page 4 The clear implication of Mr. Jansen's opinion is that the Fair Rent Ordinance provides a massive interference with the landlord -tenant relationship. This is simply not the case. Section 563A of the Iowa Code already determines the basic outlines of the landlord -tenant relationship in this state, and the Fair Rent Ordinance does nothing to interfere with that relationship. State law, and not the Ordinance, governs the manner in which rental relationships are entered into, the rights and duties of the respective parties during the course of the relationship, remedies for breach of the rental agreement, and the rights and duties of the respective parties following the termination of the rental agreement. By contrast, the Fair Rent Ordinance touches the landlord -tenant relationship at one point only --it serves to regulate just one term of the rental agreement itself. No rights are changed; no remedies are affected. There is no change in the relationship at all, since the Fair Rent Ordinance operates bgfor_Q a rental agreement is entered into. In short, Mr. Jansen's apparent concern about interfering with the landlord - tenant relationship is not a reasonable concern, given the very limited objectives i. of the Ordinance. The more important omission in Mr. Jansen's argument is his apparent 1 failure to consider the history of the Iowa Home Rule movement, and how that history might affect the construction of Home Rule powers by the Iowa Supreme l Court. The early history of Iowa Home Rule is too extensive to set out here (See, Note, Home Rule in Iowa, 49 la.L.Rev. 826, 831-835 (1964).) It is important to note, owever, t at the General Assembly attempted to grant cities substantive Home Rule powers in 1963. This attempt was unsuccessful; it was quashed i in Richardson v. Cit of Jefferson, 257 Iowa 709, 134 N.14.2d 528 (1965). Ric ar son ma a it^clear t at t e General Assembly was without power to change the Tome rule status of Iowa municipalities, and that the substantive power of cities was defined by a rule of law known as Dillon's Rule. 1 Dillon, Commentaries on the Law of Municipal Corporations, sec. 237, 488-50 (5th Ed., 1911). After Richardson, the only way to grant substantive power to cities in Iowa was through an AmenUment to the Constitution of the Iowa. This Amendment, Article III, Section 40 (38A) not only granted power to cities by its own terms (as discussed above, at page 1), it also repealed Dillon's Rule as the definition of municipal power. The point of this history is to suggest that Mr. Jansen's restrictive reading of Section 364.1 seems justifiable only in the context of Dillon's Rule and the status of Iowa cities bet= the 1968 Constitutional Amendment. His resulting prediction concerning possible treatment of the Fair Rent Ordinance by the Iowa Supreme Court loses much of its persuasive effect, when one realizes IVG _. �.•....._..... MICROFILMED. aY.. ._-.... �. JORM MICR+LA9 CEDAR RAPIDS - DEE MOINES i 1. 1 l I September 11, 1983 Re: Fair Rent Ordinance page 5 that the overriding objective of the 1968 Amendment was to change the city- state relationship by elevating cities to a position where they enjoy broad substantive powers. III. THE FAIR RENT ORDINANCE DOES NOT CONFLICT WITH THE CITY CHARTER Mr. Jansen's opinion suggests that the Fair Rent Ordinance conflicts with the City Charter in several respects. (Jansen Opinion, pages 5-6.) His initial concern is that Section VI of the Ordinance provides for the possibility of promulgation of administrative sanctions. This Section, he suggests, conflicts with Article V., Sec. 5.03 of the City Charter. Article V, Sec. 5.03A provides: "The Council shall establish rules and procedures for the operation of all Boards, which must include but are not limited to, the adoption of by-laws and rules pertaining to open meetings." Mr. Jansen's concern is misplaced. Article V., Sec. 5.03 does not provide that the City Council itself adopt all of the rules of a given board or commission; rather, itreq iu res that the City Council establish rules and procedures which the city boards and commissions must follow in adopting some of their own by-laws and rules. In other words, if a city board exists, that city board must have certain by-laws and rules; and those by-laws and rules must be adopted according to rules and procedures adopted by the City Council. This construction of the language is supported by another subsection of the same Charter provision. Section 5.03C provides: "A Board may establish additional rules and procedures that are consistent with State law, Council rules, and this Charter." The plain meaning of Article V., Sec. 5.03 is that all city boards must establish some rules and may establish other rules, as long as those "ot er rules" are adoped in a manner which is not inconsistent with Council rules, the Charter, or state law. Mr. Jansen's concern, then, that Section VI of the Ordinance provides that the Fair Rent Board "mom issue orders. . ." and "ma promulgate by rule. . . sanctions. . ." does not take into account that t ese orders and sanctions could only be promulgated in a manner which is not inconsistent with other law. In addition, it should be pointed out that Section VI of the Ordinance is the jurisdictional section: it defines the outermost limits of the Fair Rent Board's Juris iction. •:Section VI does not contain any language requiring that the entire possible jurisdiction be exercised. ...____.141CROFILMED-ar ._.._....� .._ JORM MICR¢LAB I ' CEDAR RAPIDS • DES MOINES f f � l September 11, 1983 Re: Fair Rent Ordinance page 6 Finally, it is interesting to note that Mr. Jansen does not examine the rule-making procedures contained in Section X of the Ordinance. This omission may be explained by the 'existence of Art. V, Sec. 5.03C of the Charter which explicitly aI, hori eS city boards to develop their own rule-making procedures. Mr. Jansen also expresses concern about the enforcement of possible administrative sanctions. (Jansen Opinion, p. 6). [He also mentions the problem of delegation, which will be addressed later in this memorandum.] It is sufficient to note here that Section VI of the Ordinance only provides for the possible administrative enforcement of sanctions, it does not give the Board power or stan ing to seek judicial enforcement of those sanctions. Judicial enforcement of Board sanctions can only be sought through the offices of the City Attorney (See Section XII of the Ordinance.) Mr. Jansen forsees another possible conflict with the City Charter. He notes that the power of initiative does not extend to: "•(a) Any measure of an executive or administrative nature.. " (Article VII, Sec. 7.01B(1)(a) of the City Charter) Mr. Jansen also notes that the Ordinance describes the Fair Rent Board as an "administrative" agency; and apparently the word "administrative" is sufficient, of itself, to condemn the Ordinance. This argument borders on the frivolous. Neither Mr. Jansen's opinion nor this memorandum contains an extensive analysis of the precise meaning of the word "administrative," but it seems clear that Article VII, Sec. 7.01B(1)(a) refers to administrative a ti --the assignment of jobs within the city government, wages paid for those jobs, and other issues dealing with the day to day functioning and administration of the city. It seems clear that the charter prohibition is designed to prohibit initiative attempts to regulate promotions or Day scales for particular individuals, or to order, increases or decreases of city services to particular sections of the city. This conclusion is supported by the Construction clause of Article VII itself. This clause, at Sec. 7.01C(l) provides: "Scope of power. It is intended that this article confer broad initiative and referendum powers upon the qualified voters of the City." Mr. Jansen's concern about the use of the word "administrative," if accepted and carried to its logical conclusion, would make the entire referendum and initiative article of the City Charter a dead letter, because there is no city activity which does not in some way implicate city "administration." M0 % .MICROEILMED.aY ..� t JORM MICR+LAB I fj1 CEDAR RAPIDS • DES MOINES I �� September 11, 1983 Re: Fair Rent Ordinance page 7 It is imperative that we realize that this Ordinance is reaching the City Council (and possibly the electorate) through the initiative process -- and that the initiative process is nothing less than thee --sovereign exercise of reservedop wer by the people. It is not something which can be so easily trivialize y focusing on the use of a word like "administrative." See, e.g., Chief Justice Burger's comments in City of Eastlake v. Forest City Enterprises, Inc., 426 U.S. 668 (1976). IV. THE ORDINANCE'S DELEGATION OF POWER IS PROPER Mr. Jansen expresses concern about the delegation of city power from the City Council to the Fair Rent Board and suggests that the lack of specific standards poses constitutional concerns. (Jansen Opinion, p. 6). Section 392.1 of the Iowa Code provides that city councils may establish administrative agencies and delegate power to those agencies (with some exceptions, which are not relevant here.) The constitutionality of that delegation is determined by the courts. And in determining the constitutionality of the delegation, "the important consideration is not whether.the statute or ordinance delegating the power expresses standards but whether the procedure established for the exercise of t e power furnishes adequate safeguards to those who are affected by the administrative action." Elk Run Tele hone Co, v. General -Telephone Co., 160 N.W.2d 311, 315 (Iowa 1968 as cited in Cedar Rapids Human Riqhts Commission v. CNCedar Ra ids Communit School District, 2 N.W.2 391, 400 Iowa 974) in original. The critical.inquiry, then, is whether the established procedure itself makes fairness possible. It is interesting to note that Mr. Jansen made no comment whatsoever about the established procedures for.Adjudications and Rulemaking contained in Sections X and XI of the Ordinance. This omission is even more intriguing when one compares the administrative safeguards contained in the Ordinance to those contained in the generic Administrative Code, Chapter 2; Article IX of the City Code. One who is seriously concerned with the lack of adequate safeguards in administrative proceedings might do well to examine the possible constitutional infirmities of the existing administrative code, and soberly consider the wisdom of re -writing that ordinance to contain some of the protections which exist in the Fair Rent ordinance. 1j%f ._. .�.. ..._...__.MICROFIWED BY JORM MICR+LA9 l ? - CEDAR RAPIDS • DEC MOINES f f 1 I September 11, 1983 Re: Fair Rent Ordinance page 8 V. THE ADJUDICATION_ PROCEDURE COMPORTS WITH DUE PROCESS Mr. Jansen's opinion suggests that the Section XII of the Ordinance, Adjudications, is defective. (Jansen Opinion, p. 6-7.) Mr. Jansen initially expresses concern that the term "adjudication" is "not defined anywhere in the ordinance." While Mr. Jansen is correct in his assertion, the basis of his concern is unclear. The text of his opinion seems to reflect at least some understanding of what the "adjudication" system is concerned with. If the simple lack of a definition is enough to undermine the ordinance, then the existing generic Administrative Code, Chapter 2, Article IX of the City Code, is suffering from the same defect. That section of the City Code discusses "hearings" in such detail as to require three pages of print --yet nowhere is the word "hearing" defined. Mr. Jansen's primary concern about the Ordinance's adjudication procedure does not seem to involve definitions, however. Instead, he is concerned with impartiality and bias of the person conducting the adjudication'.' - "It is extremely difficult to see how.the hearing officer can act as an impartial decisionmaker when he or she also serves as a member of the Board which has established the very rules and policies that may be challenged at the hearing." (Jansen Opinion, p. 7.) Mr. Jansen then cites Marshal v. Jerrico, Inc., 446 U.S. 238 (1980) to support his contention that the r finance s adjudication procedure is unconstitutional. Marshal v. Jerrico, Inc. has only limited relevance to the issue. The case concerns t e constitutionality of an agency.reimbursement plan, where the agency prosecuting violations of'child labor laws'receives fines assessed against violators. The statutory plan was upheld, since the charge of bias was founded upon concerns which the court held to be too remote and insubstantial to form the basis of a constitutional violation. While it is true that the Constitution demands impartiality in a decision- making process (See Tume v. Ohio, 273 U.S. 510 (1927),) Mr. Jansen misconstrues the nature of the Or finance s a Judication procedure by implying that the hearing officer and the Fair Rent Board are simply too biased to render a fair decision. In .fact, neither the hearing officer nor the Fair Rent Board has any interest in a given adjudication. Neither has the authority to initiate the process, and neither is ever an interested party in adjudications. All adjudications arise between two private parties --the landlord and the tenant(s)- and the ordinance simply provides a mechanism for the resolution of factual dfsputes and application -of the law to the facts as found.' _...._..._.MICROFILME6.BY___...._.-1. JORM MICR+LAB -CEDAR RAPIDS • DES MOINES I I Ivor September 11, 1983 Re: Fair Rent Ordinance page 9 The adjudication process in the Fair Rent Ordinance is essentially the same procedure used by other city boards,except that the Ordinance has more safeguards to protect against bias than does the city's generic A-dFinistrative Code. (Compare, for example, the respective provisions regarding ex arte contacts and the integrity of the record.) In addition, the generic A ministrative Code provides for only a single hearing before the entire agency or board, with no provision for appeals within the structure of the board. The existing Administrative Code provides no method to correct an initial, incorrect decision; the Ordinance appeal procedure addresses this concern. Finally, Mr. Jansen's concern that "the same people who write the rule conduct the adjudications" is applicable to all city boards which use the city's generic Administrative Code. Since all city boards may promulgate some of their own rules (under Article V., Sec. 5.03C of the City Charter, as discussed on page 5, above) and since these boards conduct hearings within their respective jurisdictions under the generic Administrative Code, all affected city boards suffer from the same problems of possible bias or impartiality Mr. Jansen has identified in the Fair Rent Ordinance. There is no doubt that the adjudication procedure in the Fair Rent Ordinance could be improved --principally through the creation of the position of a.. Hearing Officer without any connection to the Fair Rent Board --but the creation of:such a position may not be economically sound. It is anticipated that there will be very few adjudications, since the Ordinance provides for a reasonable rate of return that should satisfy the great majority of landlords. Therefore, it does not seem wise to create a position in city government with limited duties. The Ordinance therefore makes each member of the Fair Rent Board a hearing officer for a limited period of time, and insulates each respective hearing officer from participating in appeals of his or her initial decision (see Article XII, Sec. 9 of the Fair Rent Ordinance: "For purposes of this section, the "hearing officer" is not a member of the board.") VI. APPEAL RIGHTS IN THE ORDINANCE ARE PROPER Mr. Jansen's final concern is that the Fair Rent Ordinance provides for appeal to a "court of competent jurisdiction" but that "the type of relief that may be given by the District Court on appeal is not specified." (Jansen Opinion, p. 7.) If Mr. Jansen's concern is valid, then his concern attaches to all administrative agencies in the city. The generic Administrative Code (Chapter 2, Article IX, Sec. 2-178 of the City Code) provides: "Any party to the hearing, including the city, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state." 111CROFILMED BY.. .. ._-..1tt. l JORM MICR+LAB 1 S -CEDAR RAPIDS • DES MOINESf 1 1 September 11, 1983 Re: Fair Rent Ordinance page 10 Mr. Jansen's criticism of the Fair Rent Ordinance applies equally to the generic Administrative Code: "The type of relief that may be given by the District Court on appeal is not specified. It does not even state whether judicial review of the actions of the hearing officer is to be carried out by the Court, which is customary in administrative appeals. A judge will only be able to speculate on what can be reviewed on appeal or what decision can be expected to be made in the case." (Jansen Opinion, p. 7.) It is not enough, however, to simply use Mr. Jansen's words against him, because the concern that he raises has profound implications. It appears that he is suggesting that a cit has the power to dictate to state or federal court the manner in which city activities should be judged. Despite the earlier discussion of city power to enact the Fair Rent Ordinance, it has never been imagined that a city has tfe power to determine either the jurisdiction of a state or federal court, or the proper scope of judicial inquiry. It is one thing to insist that the Constitution of Iowa grants cities power "to determine their local affairs and government" (see pages 1-2, above); but it has never been suggested that a city may dictate to the courts. The conclusions.which.can be drawn from Mr. Jansen's remarkable suggestion include the following: the city may dictate that a court apply an "arbitrary and capricious" test in judging city administrative actions; or may dictate that "substantial evidence" is the proper judicial test; or that tFie "exhaustion doctrine" must be followed for a particular administrative agency; or that under the doctrine of "primary jurisdiction," a court has no business reviewing the activates of a city administrative agency at all. Mr. Jansen's suggestion could even arguably be read to suggest that a city may, by ordinance, determine whether a federal district court should assume jurisdiction over a case, or whether the "abstention doctrine" properly applies to city administrative decisions. One hopes that Mr. Jansen's final criticism of the Ordinance is simply a make weight argument and that he is not really serious in advancing the position. _. _. .. _.., MICROFILMED. BY.... JORM MICR+LA9 CEDAR RAPIDS • DE`_ MOINES September 11, 1983 Re: Fair Rent Ordinance page 11 As a final matter, the Council may be interested in the attached letter, which was sent to Mr. Jansen on August 1 of this year. This letter was drafted in an effort to meet ,with Mr. Jansen and discuss i the issues raised by the Fair Rent Ordinance. There was never any response to the letter. It is arguable, at least, that if the meeting which was proposed had indeed taken place, you as members of the Council would not have to concern j yourselves with reading and digesting Mr. Jansen's lengthy opinion, and this lengthy response. It was hoped that the Fair Rent Ordinance could be considered for what y j it is --a p_olit�ical issue --and that the Council and the citizens could examine the Ordinance without any confusion about its constitutionality. Mr. Jansen's opinion eliminated that hope. .Whether his opinion succeeds in undermining the constitutional basis of the Fair Rent Ordinance is another matter. i.j. 1 i /f7f y .1CkO:� _.._..MFILMEO l JORM MiCFV#LAB 'V i -CEDAR RAPIDS DES.MOINES 1 I j ■ _r-64� EXECUTIVE SESSION SEPTEMBER, 1 2, 19 83 ExEcurivE SESSION: September 12, 1983, 7:30 P.M. in the Conference Roan at the Civic Center. Mayor Mary Neuhauser presiding' C)OUNCILM pgySENT: Balmer, Dickson, McDonald, Neuhauser. Absent: Erdahl, Lynch, Perret. STAFEM913EPS PRESEgr: Berlin, Helling, Jansen, Karr. TApE_F=RDED ON Reel #29, Side 2, 128-269. Moved by Dickson, seconded by McDonald to adjourn to executive session trategy with counsel in matters that are under Section 28A.5b, to discuss s presently in litigation or where litigation is imminent where position disclosure would be likely to Prejudice or disadvantage the po of the governmental body in that litigation. The affirmative roll call vote unanimous, 4/O, Erdahl, Lynch, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald adjourn�Perret absen a Mayor declared the motion carried, 4/0, Erdahl, ._ _...... MICROFILME0.BY_.._ JORM MICR+LAB ��� -CEDAR R610S DES MOINES : lll H 1 I i ` i �E i j 1; �1 i. _r-64� EXECUTIVE SESSION SEPTEMBER, 1 2, 19 83 ExEcurivE SESSION: September 12, 1983, 7:30 P.M. in the Conference Roan at the Civic Center. Mayor Mary Neuhauser presiding' C)OUNCILM pgySENT: Balmer, Dickson, McDonald, Neuhauser. Absent: Erdahl, Lynch, Perret. STAFEM913EPS PRESEgr: Berlin, Helling, Jansen, Karr. TApE_F=RDED ON Reel #29, Side 2, 128-269. Moved by Dickson, seconded by McDonald to adjourn to executive session trategy with counsel in matters that are under Section 28A.5b, to discuss s presently in litigation or where litigation is imminent where position disclosure would be likely to Prejudice or disadvantage the po of the governmental body in that litigation. The affirmative roll call vote unanimous, 4/O, Erdahl, Lynch, Perret absent. The Mayor declared the motion carried. Moved by Balmer, seconded by McDonald adjourn�Perret absen a Mayor declared the motion carried, 4/0, Erdahl, ._ _...... MICROFILME0.BY_.._ JORM MICR+LAB ��� -CEDAR R610S DES MOINES : lll H I ` i �E I i. I. f i l