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HomeMy WebLinkAbout1982-01-12 Info PacketT 1 f ` I I .• III I. AGENDA SPECIAL COUNCIL MEETING JANUARY 11, 1982 Item No. 1 - MEETING TO ORDER 1 ROLL CALL Item No. 2 - CONSIDER MOTION APPROVING CLASS C LIQUOR LICENSE FOR R. T. GRUNTS, INC. DBA R. T. GRUNTS, 826 SOUTH CLINTON (NEW) COMMENT: This item was previously considered and passed at the January 5th, 1982 Council meeting. However, the applicant has encountered legal problems re corporation name. He has 111 re-applied with the same business name, but with a different corporate name. ACTION: Item No. 3 - ADJOURN TO INFORMAL SESSION • I - i I a I> MICROFILMED BY -I - .-:JORPA ':MICR+LA6f- . CEDAR RAPIDS DES MOINES I f City of Iowa City MEMORANDUM DATE: January 8, 1982 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule January 11 1982 Monday 4:30 - 6:30 P.M. Conference Room 4:30 P.M. - Special Council Meeting BUDGET DISCUSSION 4:35 P,M. - Budget Overview 5:00 P.M. - Police, Animal Control 5:30 P.M. - Mass Transit 6:00 P.M. - City Council 6:10 P.M. - City Clerk 6:20 P.M. - City Attorney 6:30 P.M. - Executive Session January 13 1982 Wednesday 7:00 - 9:00 P.M. Conference Room BUDGET DISCUSSION 7:00 P.M. - Parks and Recreation: Administration Recreation Parks Cemetery/Forestry C.B.D. Maintenance Government Buildings 8:00 P.M. - Library 8:30 P.M. - Energy Conservation January 18 1982 Monday 4:30 - 7:00 P.M. Conference Room BUDGET DISCUSSION 4:30 P.M. - Housing and Inspection Services: Administration Building Inspection Housing Inspection Assisted Housing 5:30 P.M. - Fire Department 6:00 P.M. - Human Relations 6;15 P.M. - City Manager 6:30 P.M. - Executive Session 6:45 P.M. - Council agenda, Council time, Council committee reports PENDING ITEMS Economic Development Program Meet with Parks and Recreation Commission regarding parkland acquisition Inspection Policy, owner -occupied duplexes - January 1982 t 1 MICROFILMED BY -JORM 'MICR¢L-AM_ 1 Ij CEDAR RAPIDS DES MOINES 01 _�o I � I i City of Iowa Citc MEMORANDUM Date: December 31, 1981 To: Neal Berlin and City Council From: Dennis E. Showalter Re: Forestry Report I. REGULAR ROUTINE TREE CARE A. City Parks The current level of tree care in the City parks and in other assigned areas such as Highway 6 is at a good quality level, except for large trees, which I will report on later. Park trees are receiving thorough care - corrective pruning, wound repair, some spraying for insects and diseases as needed, and some fertilization on younger trees. In FY82, we have trimmed 180 large trees in Upper City Park by contract at .$90 each = $16,200. There are approximately 400 large trees in City Park which still need trimming. This should be done in the next two or three years. B. Street Trees and Other City Trees The current level of tree care for street trees is very low. All we are doing by contract is removing dead and dying trees, removing some large dead branches and taking care of storm damage. The horticulture crew at the Parks Division is attempting to take care of the smaller trees by removing suckers and doing some corrective pruning, but there is much still to be done. They have also done a lot of work removing limbs to get the required 13' clearance over streets,• and 9' clearance over sidewalks. The biggest problem facing ,us is the fact that we have approxi- mately 4,000 large street trees which need trimming. Based on past competitive bids, this will cost approximately $150 per tree or $600,000. All of this work should be done in the next three years. II. REPLACEMENT OF TREES IN THE CITY PARKS In 1981, we planted 16 'replacement trees in the Hickory Hill arboretum, six evergreen trees in Upper City Park, moved 19 trees from the Wetherby Park nursery to other park locations and planted 80 small arborvitae at Mercer Park for windbreaks and screening for the tennis courts and the pool. For FY83, we are requesting $1,400 for park trees and $600 for arboretum trees. MICROFILMED BY "-JORM: "MICR6LAi13 CEDAR RAPIDS DES MOINES I I � �5 _�o 2 III. STREET TREE PLANTINGS For FY82, we have $8,400 in the budget for street tree plantings. We should use this money to replace missing trees in existing plantings to maintain the original plan and give the areas some symmetry and balance. In the future we should discontinue spending public funds for street tree plantings for a number of reasons: 1. High percent of loss due to vandalism and accident damage. 2. Salt damage. 3. Interference and competition with utility lines, both below and above ground. 4. Sight problems by motorists and the resulting accidents. 5. High continuing maintenance costs - elevating over streets and sidewalks, etc. Instead of planting trees on the public right-of-way, we should develop a system to have trees planted by the owner or occupant in the front yard on private property. The process could work something like this: 1. We would divide the City into areas, probably seven, and plant one area each year. 2. The owner/occupant would request trees, the number provided would depend on the size of the lot, placement of dwelling structure and utilities, existing trees, etc. If the owner/occupant requests trees, that is an excellent indication that they will properly care for them. 3. The City would buy the trees and deliver them to the proper address. Whenever possible, we would provide the kind of tree requested. We probably should use container grown trees from 4' to 8' tall, depending on the species. Container grown trees are easy to handle. We can use smaller trees than normal street trees because they will be on private property and less prone to vandalism. The owner/occupant would be responsible for doing the planting. Perhaps we could get the Boy Scouts or 4-H groups to dig holes for people who were not physically able to do so and make it a real community project. We should designate a Saturday in mid or late April as the planting date, and deliver the trees on the previous Thursday and Friday. I would anticipate that we can deliver approximately 200 trees per day - 400 total - and that this should be the goal - approximately 400 trees per year for seven years. I am ,looking forward to discussing this report with you at informal sessions or budget meetings in January. bdw4/1-3 f i MICROFILMED BY �r "-JORM - MIC R# LAB` CEDAR RAPIDS • DES MOINES i 65 1 _y J� City of Iowa Citc MEMORANDUM Date: January 8, 1981 To: City Council From: Roger Tinklenberg, Energy Program Coordinator Re: Building Energy Audit Status To date, the energy audit recommendations have been completed for 20 buildings. The recommendations were categorized as no -cost, low-cost (items costing $400 or less), and capital cost (items costing over $400). A total of 375 recommen- dations have been made with the following cost and annual savings totals. Capital No -Cost Low -Cost Cost Total Annual savings $12,682.17 $22,949.95 $24,830.11 $60,462.23 Cost 17,357.56 83,288.42 100,645.98 By way of comment, much of the $100,000 cost of implementing the recommendations comes from recommendations that I included even though they are not economically justifiable now. For an example, by dropping off the list all recommendations with a payback period of over 5 years, the total cost drops. by $30,684.39 to $69,961.59 while the annual savings drop by $5,008.19 to $55,454.04. The average payback for those remaining items is about 1.3 years. The original savings estimate of $52,000 has been exceeded and there still are several buildings to be completed. The priority now is to complete the recommendations for the Pollution Control Plant, Cemetery Office, and five other small buildings. When the recommendations are completed on the Pollution Control Plant and the Cemetery Office I will fallow -up with each department/division head to clarify items that they may have questions on and provide general advice on what additional measures to take. Departments have already initiated work on many no -cost and low-cost recommendations. Reports will be submitted to the City Council periodically on the progress of implementing the recommendations. bj5/3 W r 1� F I MICROFILMED BY "JORM MIC R#LAB CEDAR RAPIDS DES MOVIES i -iM 4, i t IF v� IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION TERRIE BATES, , on behalf of herself and - her infant son, PLAINTIFF, vs. THE CITY OF IOWA CITY, IOWA, A Municipal Corporation; JOHN R. BALMER, Individually and in his official capacity as Mayor, Iowa City, Iowa; JOHN R. BAL.MER, Individually and in his official capacity as a member of the City Council, Iowa City, Iowa; CLEMENS'ERDAHL, Individually and in his official capacity as a member of the City Council, Iowa City, Iowa; LAWRENCE L. LYNCH, Individually and in his official capacity as a member of the City Council, Iowa City, Iowa; MARY C. NEUHAUSER, Individually and in her official capacity as a member of the City Council, Iowa City, Iowa; DAVID E. PERRET, Individually and in his official capacity as a member of the City Council, Iowa City, Iowa; GLENN E. ROBERTS, Individually and in his official capacity as a member of the City Council, Iowa City, Iowa; ROBERT A. VEVERA, Individually and in his official capacity. as a member of the City Council, Iowa City, Iowa; NEAL G. BERLIN, Individually and in his official capacity as City Manager, Iowa City, Iowa; CIVIL ACTION FILED OEC 4 1981 CLERK, U.S. DISTRICT COURE SaunjmN OIRRIOf. Of, IOWA COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND COMPENSATORY AND EXEMPLARY DAMAGES MICROFILMED BY 7 1 "DORM "MIC R/'�L OiB - CEDAR RAPIDS • DES MOI NLS � I r i IF MICHAEL RUCHARZAE, ) Individually and in his ) official capacity as ) Director of Housing and ) Inspection Services, Iowa City, Iowa; and ) LYLE G. SEYDEL, ) Individually and in his 7 official capacity as Housing Coordinator, Housing Assistance Payments Program, Iowa City, Iowa, , DEFENDANTS. I. PRELIMINARY STATEMENT 1. Plaintiff, Terrie Bates, on behalf of herself and her infant son, brings this action against the City of Iowa City, Iowa, its mayor, city council members, city manager, and other city officials, challengingcertain policies and practices in the administration of a federally subsidized housing program in Iowa City, Iowa. Specifically, plaintiff Bates alleges that she and her son have been denied the right to participate in the Section 8 Housing Assistance Program because of her minority age. status. As a consequence of the City's denial,' plaintiff Bates maintains that she is compelled to reside and raise her son in housing which has been found by the City to be substandard. Plaintiff Bates contends that the challenged city policy constitutes viola- tions of rights guaranteed her by the Equal Protection and Due Process Clauses of .the United States Constitution, as well as denies her and her son right to safe, sanitary and decent living accomodations assured to all Americans by the United States Congress when the National Housing Act was enacted in 1937. Plaintiff Bates seeks declaratory and injunctive relief, as well as compensatory and punitive damages. II. JURISDICTION 2. (a) Jurisdiction is conferred on this Court by 28 U.S.C. 51343(3) and (4), 28 U.S.C. 51331, and 28 U.S.C. 51337. The action arises under and is authorized by 42 U.S.C. 51983, as -2- 1 t MICROFILMED BY MIC R#LA9`S • DES MOINES 01 it s well as being implied out of the National Housing Act of 2937, as amended. v (b) The relief sought by plaintiff is authorized by 26 U.S.C. 552201, 2202 and Fed. R. Civ. P. 57. i III. PLAINTIFF 3, lli Plaintiff Terrie Bates is a citizen of the United States 1 and a resident of the State of Iowa. She resides in Iowa City with her three month old son in the basement of a home belonging to her maternal grandparents. IV. DEFENDANTS 4. Defendant City of Iowa City, Iowa, is.a political subdivision. of the State of Iowa. It is a municipal corporation, duly created - and existing under the Constitution of the State of Iowa, with the authority to exercise all powers granted it by the Iowa General Assembly. Among the City's lawful authority is the power to negotiate and enter into agreements to receive and administer funds from the federal government in order to ensure decent, safe I. . and sanitary housing for city residents. � i 5. Defendant John R. Balmer is the mayor of the city of Iowa City, Iowa. The mayor acts as the official representative of the city and is legally recognized as the official head of the City. He also serves as a voting member of the City Council, is its presiding officer and its polity spokesperson. "Defendant Balmer, as mayor, shares the responsibilities of ensuring that the policies of agencies and units of the Iowa City government and all employees thereof are lawful. Defendants Balmer, Erdahl, Lynch, Neuhauser, Perret, Roberts and Vevera are the present members of the City Council of the City of Iowa City, Iowa. Unless otherwise provided by State - statute or City Charter, all powers relating to Iowa City ars MD f MICROFIL14ED BY DORM: -MICR f�LAB- -� CEDAR RAPIDS DES MOINES r f vested in the City Council. Among the Council's powers is the authority to establish policies, practices and procedures, where not otherwise preempted by federal or state .law, in the administration of subsidized housing in the City. It is the Council's responsibility to ensure that those policies, prac- tices and procedures are in conformity with applicable law. 7. Defendant Neal G. Berlin is the City Manager of Iowa City, Iowa. In that capacity, defendant Berlin is responsible, inter alia, for insuring that the laws of the City are executed and enforced, appointing, supervising and directing City agency directors and employees. 8. Defendant Michael Kucharzak is Director of Housing and Inspection Services in Ibwa City, Iowa. He is responsible for all matters relating to housing programs in the City, including the Housing Assistance Payments Program. 9. Defendant Lyle G. Seydel is Housing Coordinator, Housing Assistance Payments Program, Iowa City, Iowa. Defendant Seydel has the direct responsibility for administering the Housing Assistance Program in manner which fully comports with the requirements of federal constitutional and statutory requirements. V. STATUTORY FRAMEWORK 10. The Section 8 Housing Assistance Payment Program was esta- blished by Congress through Section 8 of the Housing and Community Development Act of 1974, amending the National Housing Act of 1937, 42 U.S.,C. 51437f, to provide decent, safe and sanitary housing for low income families. Under the 58 Program, the federal government has established certain fair market rent limits for homes, apartments, and mobile homes. If the partici- pating family's rent is within those established limits and the family's income is within the allowable eligibility guidelines, the 58 administering agency issues to the participant a "certifi- cate of family. participation." -4- MICROFILMED BY I , "-DORM MICR4iLA9•- CEDAR RAPIDS • DES MOI4ES I .f I ■ J� ■ i u. A certified participant pays only 258 of his or her family income for rent with the administering agency paying the remain- der with federally provided funds. 12. The agency administering the Housing Assistance Payments Program enters into Housing Assistance Payments Contracts with persons or entities ("owners") having the legal right to lease the living unit. The respective management responsibilities of the owners and the administering agency with respect to the 58 units are governed by that contract and applicable federal regulations. - 13. In addition to the income requirements set forth generally at 24 C.F.A. 5889.102 (1981), in order to qualify for a S8 Certificate a family must also possess fewer assets or resources than those specified in 24 C.F.R. 5899.103 (1981), and the unit must fall within the definition of "eligible family" contained. in 24 C.F.R. 5812.2 (1981). Age is not a factor in determining the definition of "eligible family," 24 C.F.R. 5889.102 (1981). 14. When a family is determined by the administering agency to be ineligible for participation in the S8 Housing Assistance Payment Program, a written notice'must be provided detailing the reasons for that adverse decision, accompanied by a statement of the applicant's right to an informal hearing in which to contesb the alleged reasons for the determination of ineligibility. 24 C.F.R. 5889.209(f)(1981). VI. FACTUAL ALLEGATIONS 15. Plaintiff Terrie Hates is a mature sixteen (soon to be seventeen) year old unwed mother of a three month old son. Terris and the father of her child live separately, Terris's sole income being $292.00 in AFDC benefits and $66.00 in food stamps received monthly from the Johnson County Department of Social Services. 1 141CROFILMED BY �I. 'JORM -M 1 CEDAR RAPIDS • DES MOIYES ' J.� i I I MICROFILI4ED BY P L_ ) CORM MIC R(LAB i CEDAR RAPIDS • DES M014E5 Il I I I 16. i When Terris was an infant, her father deserted her family, and because her mother, who lives in Cedar Rapids, is unable to care for her and her baby, Terrie is presently residing in the - basement of her maternal grandparents in Iowa City, Iowa. Because of structural requirements required by the City Code -) for residences, the accomodations occupied by Terrie and her baby have been found to be substandard. i 17. Although Terrie's grandparents are extremely concerned with the health and well-being of Terrie and her son, they have already raised a family and feel they are not in a position to provide a home for Terrie and her son. Consequently, on or about October 29, 1981, Terrie completed a formal application for a 58 Certificate + ' of Participation through the Iowa City Housing Assistance Program ' (a copy of that application is marked as "Exhibit A", attached 3 hereto and incorporated herein by reference as if fully set forth), 1 18. After receiving no communication regarding action taken on fi - / that application, on November 5, 1981, Terrie telephoned ` defendant Seydel I office and was informed by Me. Donna Hillis, I „i one of defendant's employees, that Terrie was ineligible because _I she had not yet reached majority age. ` I 19. At no time did plaintiff Bates receive any written communi- . I cation advising her of the decision reached regarding her ineligibility or was she informed, either orally or in writing, that she had a right to request an informal conference in which ' to contest that adverse decision. - 20. � On or about November 17, 1981, one of plaintiff's attorneys telephoned the Iowa City Attorney's Office to discuss the matter. 1 None of the attorneys in the office were available so a detailed explanation of the matter was left as a message. Subsequently the call was returned by an assistant city attorney indicating S ; MICROFILI4ED BY P L_ ) CORM MIC R(LAB i CEDAR RAPIDS • DES M014E5 Il I I I IF U l that it was her belief that Terrie's application was properly denied and there would be no action taken by the City Attorney's Office. 21. At all times material herein, certain of the defendants knew or should have known of plaintiff's statutory and consti- tutional rights but they knowingly acted in conscious disregard thereof or in such a manner so as to constitute reckless disregard of those rights. 22. As a consequence of defendants' acts, plaintiff Hates continues to suffer damages in the form of violations of her constitutional rights to Equal Protection and Due Process, she has been denied publically subsidized housing to which she is otherwise qualified and she suffers physical discomfort, emotional and mental harm. VII. CLAIMS FOR RELIEF COUNT ONE 23. Plaintiff realleges Paragraphs one (1) through twenty-two (22) above and incorporates them herein by reference as if fully set forth. 24. Defendants, in developing, promulgating, approving, implementing and applying the policy and practice of denying 5E Certificates of Participation of persons of minor age even though those minors are heads of households are discriminating against a class of persons without rational justification and are thus acting in contravention of the Equal Protection Clause of the Fourteenth Amendment to the United states Constitution. COUNT TWO 25. Plaintiff realleges Paragraphs one (1) through twenty=£our (24) above and incorporates them herein by reference as if fully set forth. -7- MICROFILMED BY ) ( - 'JORM.-MICR#LAB- J Ii CEDAR RAPIDS DES MOINES I i i 67 V 1 I I i S t I i i i i 67 26. Defendants' policy and practice, in so far as persons of minority age are denied participation in the Section 8 Program, constitutes a condition of eligibility which is not authorized by federal law, and thus defendants' acts constitute a violation of the Supremacy Clause of the United States -Constitution. COUNT THREE 27. Plaintiff realleges Paragraphs one (1) through twenty-six (26) above and incorporates them herein by reference as if fully set forth. 2B. Defendants' refusal, neglect or otherwise general failure to provide plaintiff with written communication of the action denying her formal application for participation in the Section B Housing Assistance Program'constitutes a violation of the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. COUNT FOUR 29. Plaintiff realleges Paragraphs one (1) through twenty- eight (28) above and incorporates them herein by reference as if fully set forth. 30. Defendants, in refusing, neglecting or otherwise generally failing to provide plaintiff with written communication of the action denying her formal application for participation in the Section S Housing Assistance Program, is violative of the clear and unambiguous requirements of federal regulations, and their acts constitute a violation of the Supremacy Clause of the Constitution of the United States Constitution. i �' •I s i i j i i I `^F MICR7-DES I1 - �..___`. 1 �... -_JORM A9.. ... CEDAR RAPINES I 1 I j I COUNT FIVE 31. Plaintiff realleges Paragraphs one (1) through thirty (30) above and incorporates them herein by reference as if fully set forth. 32. Defendants' refusal, neglect or otherwise general failure .� to furnish plaintiff with effective notice of and a right to an informal hearing in which to contest the adverse decision { on her application for a Section 8 Certificate of Participation constitutes a violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. i COUNT SI% 33. Plaintiff realleges Paragraphs one (1) through thirty-two (32) above and incorporates them herein by reference as if fully set forth. 34. Defendants' refusal; neglect or otherwise general failure to furnish plaintiff with notice of and a right to an informal - hearing in which to contest the adverse decision on her applica- tion for a Section 8 Certificate of Participation is violative - of the clear and unambiguous requirements of federal regulations ; y and their actions constitute a violation of the Supremacy Clause of the United States Constitution. VII. IRREPARABLE HARM 35. The continued application of defendants' policy and practice will continue to cause plaintiff irreparable harm for which there is no adequate remedy at law. VIII. RELIEF ( (. n WHEREFORE, plaintiff prays that this court: (a) Assume jurisdiction of this matter; -9- r i , MICROFIL14ED BY J 1- JORM'-MICR+LAB' CEDAR RAPIDS • DES MOINES it 1' ; 11 1 , (b) Enter a declaratory judgment declaring that: (i) defendants' policy and practice of denying t section 8 Certificates of Participation to persons who are of minority age even though , they are heads of households is a violation ' of the Equal Protection Clause of the Four- teenth Amendment to the United States , Constitution; (ii) defendants' policy and practice of denying Section 8 Certificates of Participation to persons who are of minority age even though I 1 ' they are heads of households constitutes a condition of eligibility not authorized by federal law, and thus is a violation of the Supremacy Clause of the United States constitution; (iii) defendants' failure to provide written commu- nication of the action denying formal applications for participation in the Section 8 � Housing Assistance Program constitutes a viola- + -. tion of the Due Process Clause of the Fourteenth I. Amendment to the Constitution of the United I i States; i (iv) defendants' failure to provide written conmuni- cation of the action denying formal applications for participation in the Section 8 Housing i Assistance Program is violative of the require- ments of federal regulations, and thus constitutes " I a violation of the Supremacy Clause of the Constitution of the United States Constitution. (v) defendants' failure to furnish effective notice j of and a right to an informal hearing in which Ij14 ' to contest an adverse decision on applications for Section B Certificates of Participation constitutes a violation of the Due Process Clause i of the Fourteenth Amendment to the United States i Constitution. -10- I i 6 7 MICROFIL14ED BY "JORM"-MICR#LA9- CEDAR RAPIDS • DES MOI (vi) defendants' failure to furnish notice of and a right to an informal hearing in which to contest the adverse decision on applications for Section 8 Certificates of Participation is violative of the re- quirements of federal regulations, and thus constitutes a violative of the Supremacy Clause of the United States Constitution. (c) issue preliminary and permanent injunctive relief: (i) restraining defendants, their successors in office, agents, employees, and all those who work in concert with them, from denying eligibility for Section 8 Certificates of Participation on the basis of their minority; (ii) mandating defendants, their successors in office, agents, employees,'and all those who work in concert with them, to provide effective written communication of the action denying formal applications for participation in the Section 8 Housing Assistance Program; (iii) mandating defendants, their successors in office, agents, employees, and all those who work in concert with them, to furnish effective notice of and a right to an informal hearing in which to contest adverse decision on appli- cations for Section 8 Certificates of Participa- tion. (d) Award plaintiff Bates: ' (i) any real damages she has suffered; (ii) general damages to be determined by the court; (iii) exemplarary damages to be determined by the court. (e) Award plaintiff attorneys- fees in accordance with 42 U.S.C. 51988; Doe MICROFILMED BY "-JORM MICR+LAB'- J ( CEDAR RAPIDS • DES MOIt:ES r' 1 I I 1 1 1 IF `1 (f) Award plaintiff all costs expended herein and assess all costs against defendants; (g) Grant plaintiff such other and further relief as may be deemed appropriate. Civil Litigation Project College of Law University of Iowa Iowa City, Iowa 52242 (319) 353-6786 Respectfully submitted, u1S' �h.l GhI. .< UCBT Ilan:.. J.-�• �4., �« ....¢� pa..;.xt...) MARIA S— OTS O i Student Legal -Intern MAX wEI EMAN Student Legal Intern MARSHA BERGAN Attorney at Law -12- � 1 i ( MICROFILMED BY �-( -"JORM MICR4SLAB- /fJI 1 CEDAR RAPIDS • OC. MOINES J ' I i Respectfully submitted, u1S' �h.l GhI. .< UCBT Ilan:.. J.-�• �4., �« ....¢� pa..;.xt...) 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II M/ ryG.YI/. ❑❑❑ :1 lw Yr.rr nb Y li.l l l a .................................... roil IAR n n•Iw n b.nl nob 4r IAr /•vllyr 11. r.1rrN IM rvrirn.r•.r .w.b \rrru x+�.,, II / lrl+.v. r.r JrrM{ WIM Ir,••„ +..YM YIu iq 1wMM�u4lwlnr-.��1«• .Writ .. �1. .III4,14r .yw.r.0 «.n..«u..rL.Yul D.nrr.rr r•__._..._....__-.....____.__-.___ _. i 1 MICROFILMED BY 1' "JORM MICR#LAB -i CEDAR RAPIDS • DES MOIIIES 67 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION TERRIE BATES, ) on behalf of herself ) and her infant son ' ) CIVIL ACTION N0. PLAINTIFF, ) Vs. ) THE CITY OF IOWA CITY, IOWA, ) A Municipal Corporation; ) JOHN R. BALMER, ) Individually and in his ) official capacity as Mayor, ) Iowa City, Iowa; ) VERIFICATION JOHN R. BALMER, ) Individually and in his ) official capacity as a ) member of the City Council, ) Iowa City, Iowa; ) CLEMENS ERDAHL, ) Individually and in his official j capacity as a member of the ) City Council, Iowa City, Iowa; ) LAWRENCE L. LYNCH, ) Individually and in his official j capacity as a member of the City ) Council, Iowa City, Iowa; ) MARY C. NEUHAUSER, ) Individually and in her official j capacity as a member of the City ) Council, Iowa City, Iowa ) DAVID E. PERRET, ) Individually and in his official j capacity as a member of the City ) Council, Iowa City, Iowa; ) GLENN E. ROBERTS, ) Individually and in his official j capacity as a member of the City ) Council, Iowa City, Iowa; ) ROBERT A. VEVERA, ) Individually and in his official j capacity as a member of the City ) Council, Iowa City, Iowa; ) NEAL G. BERLIN, ) Individually and in his Official j capacity as City Manager, Iowa ) City, Iowa; , MICROFILMED BY 1 �- J OR M:--MICR+LAB`. CEDAR RAPIDS DES MOINES ! 67 J�! �1 MICHAEL ICUCHARZAK, Individually and in his official capacity as Director of Housing and Inspection Services, Iowa City, Iowa; and LYLE G. SEYDEL, Individually and in his official capacity as Housing Coordinator, Housing Assistance Payments Program, Iowa City,.Iowa, DEFENDANTS. STATE OF IOWA ) SS: County of Johnson ) TERRIE BATES, being first duly sworn upon oath, deposes and states that she is the named Plaintiff in the above -styled action, and one of her attorneys has read the foregoing Complaint to her, that she has knowledge of the facts, knows the contents of the Complaint, and the facts contained therein are true as* she verily believes. Ttan:a_ BRTE&I TERAI�TES SUBSCRIBED AND SWORN to before me this 632day of n., T u „ 1981, a notary public, and identified herself to be TERRIE BATES the above named Plaintiff in the above -styled action. Q Q tip. NOTARY PUBLIC, ;n and for the State of Iowa -2- i MICROFILMED BY I' —"JORM "-MICR+LAB- CEDAR RAPIDS • DES MOINES ; IN THE UNITED STATES DISTRICT COURT .1 FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION 'I TERRIE BATES, ) CIVIL ACTION N0.(Z Y -P - v on behalf of herself � H and infant son, APPLICATION FOR LEAVE ' PLAINTIFF, ) To PROCEED IN FORMA PAUPERIS vs. FILED I I THE CITY OF IOWA CITY, IOWA, A Municipal Corporation, at al., ) NOV 25 1981 DEFENDANTS. ) ' CLERK, U.S. DISTRICT COURT SOUTHERN DISTRICT Of IOWA - TERRIE BATES, Plaintiff in the above -styled action presents _ to this court this Application for Leave to Proceed In Forma Pauperis in accordance with 28 U.S.C. 51915. ` 1 Plaintiff Bates has made her Affidavit, attached to this j 1 Application, to the effect that: I (1) She is without the funds to prepay the fees and costs in this case; - (2) She believes her action is meritorious and she is - ! entitled to the redress sought; 1 (3) She is paying her attorneys no fees for representation in this action. WHEREFORE, plaintiff Bates prays that this court allow her, 1 to proceed in this action In Forma Pauperis. I. L� J Civil Litigation Project C College of Law Attorney LfoaUPlaintiff _ University of Iowa Iowa City, Iowa 52242 (319) 353-6786 { t i I I _ 67 I MICROFILMED BY --"-� 'JORM-MICR+LAB- - -� CEDAR RAPIDS • DES MOINES I /\ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION TERRIE BATES, ) on behalf of herself and infant son, PLAINTIFF, CIVIL ACTION NO. J,'le ' ✓"2 AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA vs. ) PAUPERIS ) THE CITY OF IOWA CITY, IOWA, ) A Municipal Corporation, at al., ) DEFENDANTS. ) FILED nov ON 19d, STATE OF IOWA I as: CLERK, U.S. DISTRICT COURT County of Johnson ) SOUTHERN p1WRICi of iewA TERRIE BATES, personally appearing before the undersigned Notary Public, and being duly sworn upon oath, states: 1. My name is Terrie Bates and I am the plaintiff in the above -entitled lawsuit. 2. My attorneys have explained the nature of affidavits to me, and with that'in mind I am making this affidavit so that I might be. permitted to proceed in this action without the prepay- ment of filing fees, service costs and other expenses. 3. At the present time I reside in the basement of a home owned by my grandparents in Iowa City, Iowa. 4. 1 am the mother of one child, born September 4, 1981, and am receiving $292.00 AFDC from Johnson County Department of Social Services. I have no other income. S. I own no stocks, bonds, real property, motor vehicles, savings accounts or other valuable property. 6. My attorneys have thoroughly explained the nature of this case to me, I believe it is meritorious and that I am entitled to the relief I am seeking. TE IE BAT SUB.SS,C,,.R/Ii�BED AND SWORN to before me, a Notary Public, on this .Q ay of November, 1981. NOTARY ARY PUBLIC, in and for the State of Iowa I t 141111110E0 BY _._ j I - -JORM -'MIC R#LAB- -{ I CEDAR RAPIDS • DES MOINES 67 J.� /\I IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA DAVENPORT DIVISION TERRIE BATES, ) on behalf of herself and ) her infant son, ) PLAINTIFF, ) CIVIL ACTION NO. 81-128-D-2 .vs. ) THE CITY OF IOWA CITY, IOWA, i ANSWER A Municipal Corporation, at al, ) DEFENDANTS, First Defense The Complaint fails to state a claim upon which relief can be granted. Second Defense Plaintiff brings this action as an unemancipated minor and accordingly lacks standing or capacity to bring this action. Fed. R. Civ, P. 17(c). Third Defense For their answer to the numbered paragraphs of the Comalaint, defendants admit, deny, and otherwise aver as folloiss: 1. Deny as conclusions of law. 2. (a) and (b). Deny As conclusions of law. 3. 'Deny for lack of sufficient knowledge and information to form a be- lief as to the truth of the allegations contained In this paragraph.* 4. Admit the allegations contained in the first two sentences of this paragraph. With respect to the allegations contained In the third and final sentence, defendants aver that the administration of federal funds is for the purpose of providing housing for city residents who meet the necessary qualifi- cations for eligibility for participation in the Iowa City Housing Assistance Program. r 1 I( MICROFILMED BY "JORM: MICR#LAB CEDAR RAPIDS • DES MOINES 1, ... .. ._.. __ .. _y .6% J� 1-11 1 1`11 i a .. 2- 5. Admit the allegation contained in the first sentence of this paragraph and deny the allegations contained in the remaining three sentences as con- clusions of law. 6. Admit the allegation contained in the first sentence of this paragraph and deny the allegations contained in the remaining three sentenc�a as conclu- sions of law. 7. Admit the allegation contained in the first sentence of this paragraph and deny the allegation contained in the second and final sentence as a con- clusion of law. S. Admit the allegation contained in the first sentence of this paragraph and deny the allegation contained in the second and final sentence as a con- clusion of law. 9. Admit the allegation contained in the first sentence of this paragraph and deny the allegation contained In the second and final sentence as a can - elusion of law, 10. This paragraph of the Complaint contains no allegations of fact for which an answer is required; but insofar as an answer is deemed required, deny. 11. This paragraph of the Complaint contains no allegations of fact for which an answer is required; but Insofar as an answer is deemed required, deny. 12. This paragraph of the Complaint contains no allegations of fact for which an answer is required; but insofar as an answer is deemed required, deny. 11. Deny as conclusions of law. 14. Deny as conclusions of law. IS. Deny for lack of sufficient knowledge and information to form a belief as to the truth of the allegapions contained In this paragraph. 16. Deny. 17. Deny the allegations contained in the first sentence of this paragraph. MICROf ILMED BY JORM"-MICR#LA13 CEDAR RAPIDS • DES MOINES I I 67 J _y I J� With respect to the allegations contained in the second and final sentence, defendants aver that plaintiff, as an unemancipated minor, completed an appli- cation for housing assistance. 18. Admit. 19. Deny. 20. Admit. 21. Deny. 22. Deny. 23. Defendants. incorporate by reference their responses to the allegations contained in paragraphs 1 through 22 of the Complaint as set forth above. 24. Deny. 25. Defendants incorporate by reference their responses to the allegations contained in paragraphs 1 through 24 of this Complaint as set forth above. 26. Dany. 27. Defendants incorporate by reference their responses to the allegations contained in paragraphs I through 26 of this Complaint as set forth above. 28. Deny. 29. Defendants incorporate by reference their responses to the allegations contained in paragraphs 1 through 28 of this Complaint as set forth above. 30. Deny. 31. Defendants incorporate by reference their responses to the allegations contained in paragraphs I through 30 of this Complaint as set forth above. 32. Deny. . 33. Defendants incorporate by reference their responses to the allegations contained In paragraphs 1 through 32 of this Complaint as set forth above. 34. Deny. 35. Deny. jJfr•---------_ MICROFILMED BY �.. 1. JORM MICR+LA6 1 CEDAR RAPIDS • DES MOINES + _�O ii 67 J� / ' 1 I / J 1 4 i d Any allegations not hereinbefore specifically admitted or denied are denied. Defendants deny that plaintiff is entitled to the relief sought In the ; Complaint or to any relief whatsoever. } WHEREFORE, defendants, having fully answered, pray that this option be dismissed with prejudice and that defendants be granted their costs. j + Respectfully submitted, Robert W. Jansen TROTT 8 JANSEN Attorneys at Law 9 South Linn Street low City, Iowa 52240-3978 1 (319) 338-9484 -- ATTORNEYS FOR DEFENDANT f - 1 cc: Civil Litigation Project College of Law a University of•towa Iowa City, Iowa 52242 PROor Or SERVICE . � Ibw•aruvruwnPtuHfne•temhWKrNwe I - ,. ` ' .� erynJ W\�we•�S•rlaAea:Kl?Rl:Meai•an V -NJ . � wmay�mrlwlKHE t/<:Ot11MY1r101Mr1Eae1111401wM ( '.. t Ali i__...._.., 4-7. fir"" i r 1- � 1 1"F I 11ILROFILMEO BY ,� ""JORM-MICR(�GAEi" I ~ CEDAR RAPIDS • DG5 MDIYES �� AL1 1 MINUTES OF STAFF MEETING January 6, 1982 Referrals from the informal Council meeting were distributed to the staff for review and discussion (copy attached). Items for the agenda of January 19 include: Resolution establishing procedures for rent escrow Set public hearing on ordinance amending Housing Code Public hearing on application fees The Assistant City Manager reminded the staff that a few quarterly reports are still due. The Police Chief reported on a suggestion of the Safety Committee that divisional safety committees be developed throughout the City organization. A memo outlining this suggestion will be sent to the staff for review within the next three weeks and will be discussed at the staff meeting. It was suggested that another training session on use of the character generator is -needed. Prepared by.," p c -/L0_&4« aQ A/ Lorraine Saeger MICROFILMED FILMED BY CEB- JORM-MICR+ CEDAR RAPIDS DES MOINES !! -31 I i Informal Council Meeting January 4, 1982 :i i Q0 DEPARTMENT REFERRALS I i 141CROFILMED BY L "DO- - i -ORM MICRbLA CEDAR RAPIDS DES MOINES I � _im J, W SUBJECT DATE DATE REFERRED M DATE DUE ~ P COMMENTS/STATUS Airport Overlay Zone 1-4 Jansen Berlin Discuss implications for hotel. Legal billings to parties requesting services for private purposes 1-4 Jansen Prepare policy. Charles Wunder letters 1-4 Hell ing Draft response for Ma y or Committee Appointments 1-4 Balmer - Civil Defense McDonald & Dickson - JCCOG (Dickson in place of Erdahl) Fringe Committee Recommendations 1-4 Jansen 1. Schedule meeting with Pat White. 2. Prepare implementation report with P&PD for Council. IRB Policy 1-4 Saeger Send copies to McDonald & Dickson. Informal Meetings 1-4 All To be scheduled from 4:30 - 6:30 P.M. Monday. i I P&Z Appointment 1-4 Tom Scott 1 i i I i 141CROFILMED BY L "DO- - i -ORM MICRbLA CEDAR RAPIDS DES MOINES I � _im J, % Informal Council Meeting January 4, 1982 Page 2 DEPARTMENT REFERRALS SUBJECT . DATE RECD REFERRED TO DATE DUE W ~ WMMMTS/STATW Bates suit 1-4 Seydel Draft letter to HUD for City Manager Reports on pending litigation 1-4 ansen Periodic reports to City Council Noise Ordinance.! 1-4 Jansen/ 3erlin a. Any peace officer to enforce.. b. Record tape of noise levels. c. Three-month trial period with d. Check on "quiet" City signs e. Language to refer to penalty. F 1^ i F MICROFILMED BY JORM... MICR+LAB. f �l) j CEDAR RAPIDS • DES MOINES 1