HomeMy WebLinkAbout1981-01-13 Info Packeti MICROFILMED BY
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City of Iowa City
MEMORANDUM
DATE: January 2, 1981
TO: City Council
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
Januar 5, 1901 Monday
NO INFORMAL COUNCIL MEETING
January 6, 1981 Tuesday
NO COUNCIL MEETING
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January 12, 1981 Monday
1:30 - 5:00 P.M. Conference Room
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1:30 P.M. - Review zoning applications
2:00 P.M. - Council agenda, Council time, Council committee reports
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2:30 P.M. - Consider appointments to the Committee on Community Needs
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and Human Rights Commission
2:40 P.M. - Discuss City Affirmative Action Policy
4:00 P.M. - Public Hearing - City Assessor's Budget
4:30 P.M. - Executive Session - Collective Bargaining
January 13, 1981 Tuesday
7:30 P.M. - Regular Council Meeting - Chambers
Executive Session - Collective Bargaining
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PENDING ITEMS
Area Transportation Study
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Economic Development Program
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Highlander Lift Station
Byington Road Improvements
Appointment to Planning and Zoning Commission - January 27, 1981
Appointment to Planning and Zoning Commission - February 10, 1981
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n City of Iowa Cid
MEMORANDUM
Date: December 31, 1980
To: City Council
From: Marianne Milkman, Planner/Program Analyst art
Re: Metro Entitlement CDBG Grant
Attached is a letter from HUD approving our Metro Entitlement grant
application for the program year beginning January 1, 1981. The
City's entitlement has been increased by $22,000 over the $770,000
which was originally allocated. This additional $22,000 has been
placed under contingencies at this time.
This grant will run concurrently with the second year Small Cities
grant, and will permit us to carry out almost all the improvements to
Lower Ralston Creek during the 1981 construction season.
HUD also notes that we are behind in carrying out our Housing
Assistance Plan. They suggest that the City should consider using
CDBG funds to help acquire Public Housing sites. This matter will be
discussed by CCN at their next meeting on January 7, 1981.
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II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
*il I e . OMAHA AREA OFFICE f r r"1+ 9 11 i98D
+ UNIVAC BUILDING, 7100 WEST CENTER ROAD ��-r
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OMAHA, NEBRASKA 66106
III I;IIIN VII December 24, 1980
IN REPLY REFER TO:
7.2CM
(B -81 -MC -19-0009)
Mr. Neal G. Berlin
City Manager
Civic Center
410 East Washington
Iowa City, Iowa 52240
Dear Mr. Berlin:
I am pleased to inform you that the Community Development Block Grant
Program for Iowa City is approved in the amount of $792,000. This
figure represents an increase of $22,000 over the previously identified
entitlement ($770,000), and Is subject to adjustment upon final
determination of the entitlement amount, pursuant to the Housing and
Community Development Act of 1974, as amended by the Housing and
Community Development Act of 1979. A revised copy of your entitlement
application is enclosed, which includes changes to the Cost Summary
(Form HUD -7067) showing the addition of the $22,000 to contingencies
and the revised total Block Grant amount. The program period is for
12 months, beginning January 1, 1981, and ending December 31, 1981.
The activities identified for funding require action by the City before
funds can be obligated or utilized. The conditions for release of funds
are given under Section 16(a) of the Funding Approval (Form HUD 7082).
A request for the release of funds for an activity listed under Section
16(a) of the Funding Approval must be accompanied with the environmental
certification (forms enclosed). In order for the Department of Housing
and.Urban Development to release the funds for the flood and drainage
facilities under Section 16(c), the City must certify that according
to the requirements of Section 570.607 of the Regulations, other
Federal assistance has been sought and is not available.
Enclosed with the Funding Approval is the Grant Agreement (three copies),
which comprises the contract between HUD and the City. Please execute
and return the original and one copy to this office within fifteen days.
The third copy is for your records.
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The Letter of Credit will be amended to reflect the funding amount for
Fiscal Year 1981; however, if there is a need to delete or add signa-
tures of individuals authorized to draw on the amended Letter of Credit,
or a change of depositary, the following documents are enclosed:
1. Form HUD 274, Designation of Depositary for Direct Deposit of
Loan and/or Grant Funds
2. Standard Form 1194, Authorized Signature Card for Payment
Vouchers on Letter of Credit.
Our review of the City's recent Grantee Performance Report (GPR) for its
Hold -Harmless program indicated that its progress in carrying out its
Housing Assistance Plan (HAP) is behind schedule. With 33 percent of
the three year plan expired, 19.4 percent (65 units) of the total goals
(335 units) has been achieved. As the HAP was a part of the approved
application, it is necessary that appropriate action be taken to carry
out the housing goals contained in that Plan. We view the HAP as a
program of action, with the results being evaluated by what in fact
happens and whether or not there is performance. Of the total housing
assistance (135 units) identified in the GPR on HUD Form 4950.6, 20
s" unite of Public Housing and 50 unite of Section 8 Existing were eliminated,
because they were committed before the cut-off date (October 1, 1979),
indicated in the instructions. When preparing future GPRs, please
exclude these units from the form. The City can, however, receive
consideration for the 20 units of Public Housing, since they were
actually committed after the effective.date of the HAP (July 1, 1979),
by including them in the narrative section of the GPA. To address the
problem of affordable sites for additional units of Public Housing, we
encourage the City to consider using CDBG funds to write down acquisition
costs.
The Omaha Area Office has established among its priority goals for this
year the participation of minority owned business in the work generated
by HUD -funded programs. In the past this office has received coopera-
tion from program participants, and I would like to take this opportunity
to personally solicit your involvement in providing additional opportunity
for minority owned business in all HUD -funded activities. Mr. Charles
Jean -Baptiste, Director of Fair Housing and Equal Opportunity, will be
available to assist you should you have any questions. His number is
(402) 221-9306.
In regard to your current Hold -Harmless program, we are concerned about
the progress that you have made in carrying out program activities. As
originally proposed, all activities were scheduled to be completed by
June 30, 1980. We are aware of the problems that you have encountered
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in implementing this program; however, we expect you to have all activities
completed by July 1961, as Indicated in the revised schedule that you
4uhmltled Aug11HL 20, 1980..'If yuu anticipate nny difficulties In meeting
di1n Lury;U., 1)lca4e contncL our urfice. With renpect to planning for your
Flacal Year 1962 three year program, a comprehensive strategy will be
developed for Htabllizing and upgrading a Neighborhood Strategy Area (NSA),
which "provides sufficient resources to produce substantial long-term
improvements in the area(s) within a reasonable period of time."
(Regulations 570.3011 With this requirement in mind, the City
should consider the severity of its problems and the amount of available
resources in determining the size of its NSA(s).
In the administration of the grant, it is necessary that the City schedule
an audit at least every two years. With the approval of the sixth
program year, the City should have or be making arrangements to have the
program audit performed. Enclosed is Audit Guide and Standards for
Community Development Block Grant Recipients (IG 6505.2) for reference
in this regard.
Please contact your Community Planning and Development Representative,
Mr. William D. Clementa,.at (402) 221-9461, if you have any questions or
desire assistance in connection with this letter or other items related
to the program.
We look forward to working with you in meeting your community develop-
ment and housing needs.
Sincerely,
lip
Rate Rube
teA��
Area Manager
Enclosures
cc:
Honorable John R. Balmer
L.,.
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) City of Iowa C� y
I- MEMORANDUM
Date: December 31, 1980
To: City Council
From: Bette Meisel, Senior Center Coordinator
Re: Senior Center Budget
The attached budget and project report is being presented to the
Johnson County Board of Supervisors on January 6 by their
representative on the Senior Center Commission, Mike Kattchee.
The Senior Center budget will be presented to the Iowa City City
Council as part of the budget hearing process for all departments and
divisions later in January.
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BREAKDOWN OF PROPOSED SENIOR CENTER BUDGET - FY82
6000 Employees -
Full-time
Senior Center Coordinator - B. Meisel
$ 22,442.98
Program Specialist - L. Benz
18,654.07
Clerk Typist -
12,158.00
Maintenance Worker -
12,158.00
Part-time
Janitor - 15 hours per week
$ 2,613.00
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FICA
$ 4,544.00
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IPERS
3,771.00
Workmen's Compensation
513.00
Life Insurance
177.00
Health
4 327.00
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TOTAL
81, 0
7000 - Commodities
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Office Supplies
$ 800.00
Books, Magazines, Newspapers
500.00
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Building & Equipment Maintenance
TOTAL
2 900.00
4, 0.0
8000 - Services and Charges
Health Exam
$ 50.00
Telephone
2,550.00
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Gas & Electricity
37,440.00
Water & Sewer
1,730.00
Uniforms & Laundry
1,100.00
Printing
2,730.00
Postage
2,200.00
Graphic Artist
600.00
Travel, Registration, Meals
2,550.00
Dues'
200.00
Car Rental
150.00
TOTALT-5-1,3TFO
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9000 - Capital Outlay
Furniture (Shelves)
$ 480.00
TOTAL
.00
GRAND TOTAL
$137,339.00
We request that you, the supervisors, consider
funding 20% of the
above mentioned budget of $137,339. This would
amount to a sum of
$27,467.
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CONSTRUCTION UPDATE
The remodeling of the Senior Center is proceeding on schedule.
1. Demolition - 100% completed.
2. Roof - 75% completed.
3. Tuckpointing - 50% completed.
4. Flashing - 50% completed.
5. Linn & Washington Street Lane - completed.
6. Washington Street grade level entry - concrete work completed.
7. Heating and cooling equipment - 50% completed.
8. Elevator - on site.
9. Elevator shaft - completed.
10. Lighting fixtures stored.
11. Fire stairs - 50% completed.
12. Mezzanine - 50% completed.
13. Subfloors - 80% completed.
14. Loading dock - 80% completed.
15. Insulation - 40% completed.
16. Partition studs in basement - completed.
17: Elder craft shop - design work in progress.
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PROGRAM UPDATE
The staff, in conjunction with the Senior Center Commission, has been
occupied in monitoring the remodeling of the Senior Center and in
developing the mechanisms for operating the Senior Center when it
opens in July.
1. An organization of service providers to the elderly has begun.
2. Goals and objectives for the Senior Center have been written.
3. An operational handbook is being developed.
4. HACAP and historic .society grants toward the remodeling are
being administered.
5. Staff liaison to the Johnson County Task Force, Daycare
Committee, Gerontology Project, Bi -regional Project, School of
Social Work, etc.
6. Presentations to community groups and professional
organizations such as AARP, NARFE, Optimists, Woman's Club and
NAHRO.,
7. Comparative study of Iowa Senior Center space and funding
completed.
8. Impact survey being developed.
9. Non-profit status being explored.
10. Staff has served as resource to Council of Elders and Senior
Center Commission.
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AGREEMENI FOR SENIOR CENIER OPERATION
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This agreement, made and entered into this day of
_ 1981,
by and between the City of Iowa City and Johnson.County.
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Whereas, Chapter 28E of the 1979 Code of Iowa provides, in substance, that
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any power which may be exercised by a public agency of this state, may be
exercised jointly with another public agency having such power, and
Whereas, it is in the mutual interest of the parties to encourage the use
of a multi-purpose Senior Center by residents of Iowa City and Johnson I
County.
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Now; therefore, it is hereby agreed by and between the City of Iowa City
and Johnson County, as follows:
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I. SCOPE OF SERVICES:
The City of Iowa City shall provide 22,430 square feet of space in
the old federal post office on the corner of Linn and Washington I
Streets for a co -location of services and activities for the elderly.
Staffing, funding and policy for the operation of the facility shall
be based on recommendations by the Senior Center Commission to the
City Council which shall make the final decision. It is agreed that
the elderly residents Of Johnson County will be entitled to
the same
level of service as residents of Iowa City.
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II. DURATION:
The terms of this agreement shall commence July 1, 1981 and shall be
extended automatically on an annual basis unless 60 days notice to
the contrary is given by either party.
III. TERMINATION:
This agreement may be terminated upon 60 days written notice ,by
either party.
IV. COMPENSATON:
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Johnson County agrees to pay 20 percent of the operational costs of
the Senior Center as determined by the budget approved by the Iowa i
City City Council. These payments shall occur quarterly commencing
on the first day of July 1981. In the event this agreement is
terminated by.either party before the expiration of the one year
period of duration, the County shall receive a pro rata refund of
said payment.
V. This agreement shall be filed with the Secretary of the State of Iowa
and the County Recorder of Johnson County, Iowa.
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DRAFT 12/24/80 3
CITY Of IOWA CITY, IOWA JOHNSON COUNTY, IOWA
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City of Iowa City
MEMORAND M -
DATE, Dec 29, 19
TO: Neal Berlin, City Manager
FROM: Harvey D. Miller, Police Chief
RE: Car Unlocks (
After giving some thought to car unlocks and the rising
number of claims for damages occasioned by car unlocks,
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I have decided on the following course of action.
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For the immediate future members of the.Iowa City Police
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Department will continue to unlock vehicles providing
that the individual requesting the service signs the
waiver of liability and hold harmless form designed
by the City Legal Staff prior to the unlock.
We will try this procedure for the first quarter of
calendar 1981. If the claims continue, I shall recommend
to you and Council that unlocking cars stop. The dis-
patchers and desk personnel would then be supplied with
lists of available locksmiths and their telephone num-
bers and the individual requesting an unlock deal dir-
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ectly with the locksmith of their choice.
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Let me know if this meets with your approval.
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,DWA CI'T'Y COMMUNITY
SCHOOL DISTRICT
David 1.. Clonin 1040 William Street
Superintendent Iowa City, Iowa 5224D
319— 336.3685
24 December 1980
NEWS RELEASE...........
{; The Planning Committee for the construction of a joint -use swimming
facility for the Iowa City-Coralville area is pleased to announce the
selection of Appier+Marolf+Associates of Rock Island, Illinois, as
architects for the project and Shive-Hattery and Associates of Iowa City
as the consulting engineers. The selection of these firms to begin work
M on the schematic design phase of the project culminates a year-long
jinvestigation by representatives of the Iowa City Conmunity School
District, City of Iowa City, City of Coralville, University Heights,
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North Liberty, and the Johnson County Board of Supervisors into the type
of facility that is needed for the community.
(i The facility will be designed to accommodate instructional swimming
and water safety (which the school district cannot currently provide);
special populations including the handicanppd and senior citizens;
recreational swimming; and competitive swimming. Tentative plans are to
connect the pool to an existing facility.
Members of the Planning Ccmmittee responsible for this selection
are: Michbel Kattchee (Coralville); Neal Berlin and Mary Neuhauser (Iowa
City); Mary Kae Yordi (North Liberty); Mary Ann Colloton (University Heights);
Pat Hayek, Nicholas Karagan, and Dave Cronin (Iowa City School District);
4 and Lorada Cilek and Carol Peters (Johnson County Board of Supervisors).
); END
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ii Patracia M. Hayek, Chair
i' Joint -Use Swimming Pool Planning Committee
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HOLIDAY
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AN -Magistrate
OAM-Staff Meeting
(Conf Room)
SAM -Magistrate
(Chambers)
Court(Chambers)Court
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•30PM-Informal
2noon-CCN (Rec Ctr
8AM_Housin q Apeal
Council (Conf Rm)
•3OPM-Housing Coma
Board (Conf Room)
(Conf Room)
4PM-Design Review.
30PM-Riverfront
Com (Conf Room)
-
.Comm (Conf Room)
7:30PH-Airport
Comm (Conf Room)
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SAM -Magistrate
OAH-Staff Meeting
(Conf Room)
8AM-Magistrate
Court (Chambers)
Court (Chambers)
4:30PM-Resources
1:30PM-Informal
Conservation Comm
Council (Conf Rm)
(Conf Room)
7PM-Parks & Rec
7:30PM-Formal P&Z
7:30PM-Informal
7:30PM-Council
(Rec Center)
(Conf Room)
P&Z (Conf Room)
(Chambers)
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go
,
SAM -Magistrate
Court (Chambers)
BAM-SPM-Phone
Orientation (Ch
OAM-Staff MeetingAM-Magsttate
(Conf Room)
'
Court Chambers)
8AM-SPM-Phone
Orientation
1:30PM-Informal
4:30PM-Broadband
SAM -SPM -Phone
IAM -Phone Orients
(Chambers)
Council (Conf Rm)
Telecommunications
Orientation (Cham)
)tion (Conf Room)
Commission (Conf
Room)
PM -Library Board
(Storyhour Room)
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SAM -Magistrate
4:30PM-Resources
IOADI-Staff Meeting
AM -Magistrate
Court
Conservation Comm
(Conf Room)
Court (Chambers)
II(Chhpambers)
1Counciln(800n lRhm)
(Conf Room)
7Comm (ConRooi) t
cil
7 (Chambers)
tate er
7PolicySCouncil
Public Hearing
(Chambers)
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IOWA OPEN MEETINGS LAW
SECTION 28A.5
A governmental body may hold a closed session only by affirmative public vote of
either two-thirds of the members of the body (5) or all of the members present at
the meeting. The vote of each member on the question of holding the closed
session and the reason for holding the closed session by reference to a specific
exemption under this section shall be announced publicly at the open session and
entered in the minutes. A governmental body may hold a closed session only to the
extent a closed session is necessary for any of the following reasons:
Records
a. To review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a
condition for that governmental body's possession or continued receipt of
federal funds.
Litigation
b. To discuss strategy with counsel in matters tfiat are presently in litigation
or where litigation is imminent where its disclosure would be likely to
prejudice or disadvantage the position of the governmental body in that
litigation.
c. _.To discuss the contents of_a licensing examination or whether to initiate .-
licensee disciplinary investigations or proceedings if the governmental
body is a licensing or examining board. i
Law Enforcement
d. To avoid disclosure of specific law enforcement matters, such'as current or
proposed' investigations, inspection or auditing techniques or schedules,
which if disclosed would enable law violators to avoid detection.
e. To avoid disclosure of specific law enforcement matters; such as allowable- I
tolerances or criteria for the selection, prosecution or settlement of
cases, which if disclosed would facilitate disregard of requirements
imposed by law.
Evaluation j
f. To evaluate the professional competency of an individual whose appointment,
hiring,', performance or discharge is being considered when necessary to
prevent needless and irreparable injury to that individual's reputation and
that individual requests a closed session.
l Real Estate
g.;, To discuss the purchase of particular real estate only where premature
disclosure could be reasonably expected to increase the price the
governmental body.would have to pay for that property. The minutes and the .
tape recording of a session closed under this paragraph shall be available
for public examination when the transaction discussed is completed.
SECTION 20
Collective Bargaining
To discusss as a public employer, strategy regarding collective bargaining with
City employee organizations; as such discussion is exempted from the provisions
of Chapter 28A according to Chapter 20.17(3).
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City of Iowa City
MEMORANDUM
DATE: January 8, 1981
TO: City
Council
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RE: Selection of City Attorney
It will be necessary for the City Council to develop a process for the
recruitment and selection of a new city attorney. The City Manager
recommends that:
1. The City Council announce:
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a. The city attorney will be selected based on qualifications.
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b. The City Council will establish a "blue-ribbon" panel to
assist in the selection process.
c. Except for the Council member who serves on the panel,
Council members will not discuss the position with applicants
or advocates for applicants or consider communications con-
cerning specific applicants until after a final recommendation
F is received from the panel.
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2. The City Council will appoint a "blue-ribbon" panel of five to
seven members knowledgeable in both legal matters and City needs.
Membership might include attorneys, former Council persons and/or
board and commission members, and persons experienced in the
selection of key personnel in private business or major institutions.
Because the working relationship with the city attorney is so
important to the City Council and the staff, probably both the
Mayor and the City Manager should be members of the panel.
The Human Relations Director will provide staff support for the panel. An
i updated position description and profile of the position will be developed.
These will include detailed qualifications, short and long-range expectations,
organizational needs, compensation, and other relevant information. This
information will be prepared based upon consultation with the City Council,
City staff and interested citizens. The panel then will establish and carry
I out a recruitment and selection process. Lastly, a recommendation will be
referred to the City Council.
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MEMORANDUM
Date: January 7, 1981
To: City Cuncil
From: Ct Manager
Re: Johnson County Soil Conservation District, Implementation of
Chapter 467A, Code of Iowa, 1981, Erosion Control Plans
This past week the Commissioners of the Johnson County Soil Conservation
District held a public hearing concerning the proposed rules for approving
or disapproving erosion control plans in accordance with Chapter 467A,
Code of Iowa, 1981. The City staff has discussed this matter with the
Commissioners and while we are in accord with the intent of the
legislation we do see some practical problems in administration of the
proposed rules and regulations. The City staff will continue to work with
the Commissioners to develop a procedure which will not delay processing
subdivision applications and/or building permits. If you have any
questions concerning this matter, please feel free to contact me, Mike
Kucharzak or Denny .Gannon. Enclosed is a copy of the proposed rules and
regulations.
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December 11, 1980
Notice of Public Rearing
on
Rules for Considering Erosion Control Plana for
Land Disturbing Activities in Development Areas
Johnson County Soil Conservation District
Under authority set forth in Chapter 467A, Code of Iowa, 1981, the
Commissioners of Johnson County Soil Conservation District, have proposed
rules for approving or disapproving erosion control plans referred to the
district in conjunction with the issuance of certain building permits.
A copy of these proposed rules may be obtained at the Johnson County
Soil Conservation District Office, 517 Southgate Avenue, Iowa City; Iowa.
Notice is hereby given that aublic hearing will be. held at the;
r.1"LaSM 'Service Center, 517. Sotgthgate Avenue,, Iowa City, 1s 30 p.m., January 2�
_. _ ......
V981; -at which time an explanation of the rules will be made and opportunity
will be given for those affected to be heard for or against the proposed
rules.
COMSSIONERS OF JOHNSON
COUNTY SOIL CONSERVATION DISTRICT
By: Roger C. Stuteman
Chairman
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COMSSIONERS OF JOHNSON
COUNTY SOIL CONSERVATION DISTRICT
By: Roger C. Stuteman
Chairman
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APPENDIX TO LAND DISTURBING ACTIVITIES REGULATION
Amendments to Chapter 467A enacted by House File 2561, 68th General Assembly
and related to erosion control plans for land disturbing activities are
excerpted as follows:
NEW SECTION. EROSION CONTROL PLANS REQUIRED FOR CERTAIN
PROJECTS.
1. When a land disturbing activity is to occur as a part
of a project for which a permit is required by a political
subdivision which has adopted a building code pursuant to
chapter one hundred three A (103A) of the Code or zoning
ordinances pursuant to chapter three hundred fifty-eight A
(358A) or four hundred fourteen (414) of the Code, the required
..permit for the project causing the land disturbing activity
*shall not be issued titiless there is."on.fIle with the permit
issuing authority a:'soil ei•osion-control.plan which covers•
-the'proposed project and is approved,by the. soil conservation
dietrict.'commiesioners.
2. For the purposes of this section, "land disturbing
activity" means a land change such as the tilling, clearing,
grading, excavating, transporting or filling of land which
may result in sdil erosion from water or wind and the movement
of sediment and sediment related pollutants into the waters
of the state or onto lands in the state but does not include
the following:
a. Tilling, planting or harvesting of agricultural, horti-
cultural or forest crops.
b. Preparation for single-family residences separately
built unless in conjunction with multiple construction in
subdivision development.
c. Minor activities such as home gardens, landscaping,
repairs and maintenance work.
d. Surface or deep mining.
e. Installation of public utility lines and connections,
fence posts, sign posts, telephone poles, electric poles and
other kinds of poste or poles.
f. Septic tanks and drainage fields unless they are to
serve a building whose construction is a land disturbing ac-
tivity.
g. Construction and repair of the tracks, right-of-way,
bridges, communication facilities and other related structures
of a railroad.
h. Emergency work to protect life or property.
I. Disturbed land areae of less than ten thousand square
feet unless a polit}cal subdivision by ordinance establishes
a smaller exception or establione for this exce
J. The construction, relocation, alteration or maintenance
of public roads.
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3. If the permit issuing authority determines that a land
disturbing activity is not being conducted in compliance with
the.soil erosion control plan, the permit issuing authority
shall file a written and signed complaint with the soil con-
servation district commissioners. The complaint shall have
the same effect and validity as a complaint filed by an owner
or occupant of land being damaged by sediment pursuant to
g section four hundred sixty-seven A point forty-seven (467A.47)
of the Code. The soil conservation district commissioners
f may issue an administrative order as provided in that section
t to the person conducting the land disturbing activity.
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LAND DISTURBING ACTIVITIES REGULATION
County Soil Conservation District
Iowa
Under authority set forth in Chapter 467A, Code of Iowa as amended by House
File 2561, 68th General Assembly, the commissioners of
County Soil Conservation District are required to approve or deny soil ero-
sion control plans for certain land disturbing activities. Regulations
-adopted by the County Soil Conservation District
for submission, review, and approval of such plans are as follows:
I. MINIMUM DESIGN STANDARDS FOR EROSION AND SEDIMENT CONTROL
A. All plans and specifications, including extensions of previously
approved plans, shall include provisions for erosion and sediment
control in accordance with, but not limited to, thebstandards
contained in the Iowa Guidelines for Soil and Water Conservation
in Urban Areas published by the Iowa Department of Soil Conser-
vation. Copies of said standards shall be available for inspec-
tion in the office of the soil conservation district.
B. Sediment caused by accelerated soil erosion shall be reduced by
structural measures before the runoff water leaves the project
area; if needed to meet the adopted soil loss limits of the
district.
C. Temporary soil erosion control facilities shall be removed and
disturbed areas graded and stabilized with permanent soil ero-
sion control measures, all pursuant to the time schedule and
standards and specifications in the approved plan.
D. Permanent soil erosion control measures for all slopes, channels,
ditches, or any disturbed land area shall be completed within
15 workable days after final grading or the final earth change
has been completed.
II. PROCEDURES FOR SUBMITTAL AND REVIEW OF SOIL EROSION CONTROL PLANS
A. A separate Soil Erosion Control Plan shall be prepared and three
copies submitted for each permit application.
B. Within 30 days after receiving the Soil Erosion Control Plan for a
permit site, the soil conservation district shall take action to
either approve, approve subject to conditions, or disapprove the
plan.
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C. The soil conservation district shall promptly notify the applicant
in writing of the action taken. If the plan is approved, the
Chairman of Commissioners shall cause his written verification of
approval to be affixed on the plan along with the date of approval.
In case of disapproval, or approval subject to conditions, the
Chairman shall indicate the reasons therefor and shall return a
copy to the applicant for revision in accordance with the action
taken. The applicant shall then submit the revised plan for
certification by the soil conservation district in accordance
with the procedures set forth above.
D. The soil conservation district shall retain the duly certified
plan in the district files and shall transmit without charge one
copy of same to the applicant and to the permitting agency.
III. REQUIRED CONTENT OF SOIL EROSION CONTROL PLANS
The plane and specifications accompanying the Soil Erosion Control Plan
shall at minimum contain the following:
a) A vicinity sketch at a scale of one inch to 400 feet or larger
indicating the site location as well as the adjacent properties
within 500 feet of the site boundaries.
b) A plan of the site at a scale of one inch to 100 feet or larger,
each sheet not to exceed 24" by 36" showing:
(1) Name, address, and telephone number of the landowner,
developer, and applicant.
(2) A time schedule indicating the anticipated starting
and completion dates of the development's construction
sequence and the time of exposure of each area prior
to the completion of effective erosion and sediment
control measures.
(3) Existing topography with contour intervals at least
every two feet of elevation change with a minimum
of two contour dines for each site.
(4) Proposed topography with contour intervals at least
every two feet of elevation change with a minimum
of two contour lines for each site.
(5) Location of any structure or natural feature, including
existing trees 31x inches or larger in diameter of tree
groups, rock outcrops, landslide areas, springs and
streams and other water bodies and any areas subject to
flooding, on the site, and adjacent to the site and
within 50 feet of the site boundary line. .
(6) Location of any proposed structures of development on
the site.
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(7) Elevations, dimensions, location, extent, and the slope
of all proposed grading.
(8) Plans of all drainage provisions, retaining wall@,
cribbing, planting, erosion control'measures, or other
temporary or permanent soil erosion control measures
to be constructed in connection with, or as part of,
the proposed work.
(9) A map or other document sufficient to show the drainage
area of land tributary to the site and estimated runoff
of the area served by any drains.
Certification of Commissioners' Final Adoption
I, certify that the commissioners of the
County Soil Conservation District,
Iowa having held a public hearing thereon with
proper legal notice thereof, passed a resolution adopting the previous land
disturbing activities regulation for the district at an official meeting on
day of 19 , all as shown in the official
minutes thereof.
Chairman, Commissioners
County Soil
Conservation District
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 522.40 (319) 354.180D
January 6, 1981
The Honorable James Leach
U.S, Representative
1406 Longworth House Office Building
Washington, D.C. 20515
Dear Jim:
Enclosed is a response prepared by the State Chapter of NAHRO
(National Association of Housing and Redevelopment Officials)
concerning a proposed rule that would change drastically the Section
8 Existing Housing Program. The City's legal staff did most of the
legal research on this issue.
This program has been a great success here in Iowa City, and we feel
Strongly that adoption of the proposed rule would have adverse
effects.
We respectfully request any assistance you can provide in stopping
the implementation of the proposed rule.
Sincere)fy y rs,
Neal G. Berlin
City Manager
Enc.
bj2/2
cc: City Council
Same letter sent to
Senators Jepsen and Grassley.
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December 19, 1980
Rules Docket Clerk
Office of the General Counsel, Room 5218
Department of Housing and
Urban Development
451 Seventh Street S.W.
Washington, D.C. 20410
Re: Proposed Rules - 24 CFR Part 882 (Docket No. R-80-871)
Section 8 Housing Assistance Payments Program - Existing
Housing; Eviction. Federal Register/Volume 45, No. 214/
Monday, November 3, 1980, Page 72097
Gentlemen:
The Iowa Chapter of NAHRO, at its semi-annual meeting, during the
dates of November 19-21, 1980, appointed a Committee of five chapter
members to prepare and present objections to the Proposed Rule
referenced above. The state chapter represents 107 (lousing Agencies
throughout the state. For reasons stated below, the Iowa State
Chapter of NAHRO recommends the following actions on the part of
the Department:
a. Appeal the decisions holding that Section 882.215 conflicts
with Section 8(d)(1)(8). Current procedures require PHA
authorization prior to proceeding with any eviction, broadly
interpreted to mean retention of the "sole right to give
notice".
b. DHUD take action to Congress eliminating through legislation
that part of Section 8(d)(1)(B) which is purported to apply
to the Section 8 Program.
C. Hold the adoption of the Proposed Rules in abeyance until
all legal and legislative courses of action have been exhausted.
In short, change the 1937 Act rather than adopt rules that
will reduce the effectiveness of a proven and successful
Assisted Housing delivery system.
Justification of these recommendations and impact of adopting the Pro-
posed Rules is given in three parts. Part I deals with program
administration. Part 11 deals with the legal implications involved, Part
III deals with the analysis of stated legal objections.
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PART I - ADMINISTRATIVE OBJECTIONS
1. Part 882.215 challenged in court was DHUD's implementation of
Section 8(d)(1)(B) of the United States Housing Act of 1937. This
specific section of the Act is a direct carryover from the Amendment to
tire Act, passed in 1965, which established the Section 23 Leased Housing
Program. The basic concepts of lite Section 23 Leased Housing Program
and tlae Section 8 Existing Housing Assistance Payments Program differ
in many ways and those differences represent the cause for the
proposed change in the program regulations. The proposed rule is directly
and diametrically in opposition to the many reasons for the initialinception
and implementation of the Section C program; specifically, the providing
for families' choice in dwelling units, landlords' selection of tenant,
these two private parties agreeing, in the form of a written lease and
binding on both parties, with the PHA serving as a contract administrator
through which to ensure compliance with Fair Housing laws, housing
quality standards, determining program eligibility and computing and
processing assistance payments on behalf of the client family. The
proposed rule inserts a third party, the PHA, between the owner and
tenant, and in essence, will require the owner to surrender both his
authority and responsibility to enforce lease provisions. First, owners
should riot be asked (forced) to lake this action, and PHAs should not
be requir,•d to enforce an agreement (lease) between two private parties.
From a practical standpoint, such factors as staff time to investigate and
determine if the action is justified, additional administrative costs such as
service charges for serving the Notice, legal charges involved, and the
very strong potential for litigation in defending actions taken for failure
to act.are costs that would have to be borne by the PHA. PHAs are
not staffed to perform these functions, and the present administrative
fee is not adequate to provide for funding these activities.
2, Proposed Rule Paragraph 882.215 (b)(1)(111)(A) states :
"A Notice to Vacate, as prepared by tlae Owner in the form required under
state or local law, for execution by the PHA on behalf of the Owner.
This verbiageis ambiguous and even under the proposed rule, must be
clarified. Most administrators interpret this language to mean that a PHA
must sign the Notice; others will interpret the language to mean the
actual serving the of the notice only. The next paragraph states the
owner shall also sign the notice. Unclear is just what is required, and
by whom?
3. The additional delay or extensions of time beginning with the owners
sed
ions on the
t of the PHA, to the
actual date avpropet property Ivacatoed, cantonly compoun r
dthe problems related
to non-payment of rent, damage to dwelling units, rental loss, vacancy
loss, etc. These additional costs will serve only to increase program
expenses.
4. Owners may well prove unwilling to designate the PHA as their agent for
any purpose or action. If disaffected owners should prove unwilling to
participate, obviously there will be no Section 8 program. This would be
particularly true in areas having low vacancy rates, thus substantially
reducing a low-income family's choice of housing opportunity.
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5, Should this Proposed Rule be adopted for the Section a program, how
long will it be before a challenge is offered to a PHA's right to serve
not
Govlces to ernmentatraditional
r
ederal
(the Deparment)listheublieHousing
ownerofrecord, notTheFPHA.
5. The time, effort and expense spent for administering the serving of
nulices to vacate may well prove to be substantial. Is this expense
to be included in program funding or must present administrative fees
absorb this expense? - - Once the PHA has authorized the eviction
and served the ounce to vacate, the owner must then proceed in
accordance with applicable law. Surely, since the PHA authorized and
actually took the action, the owner will insist that the PHA become
involved in any resultant litigation and/or claims. As referenced above,
from where will the uwney to pay these expenses cume?
7, Proposed Rule Paragraph B82.215 (C)(5)(iv) implies that evicted families
or what
asould lnotherbcertificate toe issued lacfamilylthatehasFjust recentlyobeen issued aAissu
noticee
to vacate? Rewarding a problem tenant would have an adverse effect
on the program and would tend to drive away both landlords and good
tenants. Further clarification of this most ambiguous statement is a
must.
PART II - SUMMARY OF LEGAL OBJECTIONS
The proposed Regulation is presumably designed to bring federal eviction procedures j
nitd Sates
in line with the explicit language of Section 9(d) (1); B Il of the theeso clright
Housing Act of 1937, whereby the local agency is g
to give notice to vacate. ." to assisted families.
ur co Lenton Heren3t(hatd)(1)(B)
(1979) (hereinafter referred to as "Act"). It is 0
Section 8(d)(1)(B) of the Act, together with the proposed Regulation noted
above, purport to grant eviction rights to the local agency (PHA) superior to
those rights of the private landlord. This purported grant is a direct inter-
ference with private property rights afforded both landlord and tenant under
Iowa law and thereby constitutes a violation of the due process clause of the
Fifth and Fourteenth Amendments of the United States Constitution.
It is our further contention that Section a (dw(a)(B) of theAct is an ct irterference wih excessive
and unwarranted extension of federal law by y
state property laws which have been legitimately left to the states under the
h intrusion into state property law is
Tenth and Eleventh Amendments. Suc
Ig powers of Congress under the Constitution
beyond the scope of llie spendi
and hence invalid. It goes without saying that any Regulation premised on an
invalid legislative Act is void ab initio. In addition, the retroactive effect of
the pprop�osed requlation clearly exacerbates any constitutona vro atrons noted
as oas against private property interests as well as the very fabric and
integrity of Iowa property law.
The undersigned further argue that Section 8(d)(1)(B ) and the proposed
Regulations are invalid by imposing a "public landlord status on the PHA, in
rights under the Annual Contributions Contract
complete derogation of contract
(ACC) and the Housing Assistance Payments Contract (HAPC) entered to date.
lly and
and the 1private contractual leases between" landlord m ndrtenantially eby stform b ppingoth eC
In additon, the proposed away
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the landlord's eviction rights which are protected under Iowa property law.
The proposed Regulation also deprives "public tenants" of stringent protective
rights and remedies under Iowa law which may well create a classification
which is afforded less favorable treatment under law than private tenants.
Such dissimilar treatment may well constitute a violation of the equal protection
clause of the Fourteenth Amendment, thereby rendering such classification
invalid.
The undersigned argue further that while Section B(d)(1)(B) may well trigger
procedural due process requirements by way of issuing a "Notice of Intent to
Evict" and a full and fair hearing, the proposed Requlations far exceed the
Department's rule-making authority by requiring the PHA to actually commence
slate eviction proceeding through serving a Notice to Quit. The Regulatio
as proposed is not sufficin
ently narrowly tailored to a rational purpose, and
thereby constitutes an invalid exercise of the Department's rule-making authority.
The undersigned further contend that the practical effect of the proposed
Regulation will create an ominous and unworkable burden on PHAs by virtue of
their "public landlord" status, since lease terminations will trigger the procedural
due process requirements set forth in Goldberg v Kelm, 397 U.S. 254 (1969).
The same "full and fair hearing" requirements w?I be attached to the "Intent
to Evict Notice" under Section 8 Housing as now attached to bona fide public
housing projects. The PHAs will actually be the party responsible for eviction.
This is indeed an anomalous result in light of Congressional intent to promote
economically mixed housing, . ." under the Section 8 Program.
Finally, the undersigned -argue that the proposed Regulation is contrary to
public policy and inconsistent with the intent of Congress in setting up the
Section 8 Program. Congress created this Program to avoid the abuses
commensurate with imposing management rights on PIIAs with respect to
privately owned property. Both the Act and the proposed Regulations are
antithetical to underlying philosophy of the Section 8 Program by interfering
with the delicate balance now attained between the public spending program
and the private sector. This result is in clear contravention of Congressional
intent to encourage mixed economies, therefore rendering the proposed Regulation
invalid.
We, the undersigned, do therefore request the Department to hold said
Regulation in abeyance, and to encourage legislative change of the invalid
portion of the Act.
PART III - LEGAL ANALYSIS OF OBJECTIONS
A. SECTION e(d)(1)(B) OF HOUSING ACT AND PROPOSED REGULATION
CONSTITUTES DEPRIVATION OF PRIVATE: PROPERTY RIGHTS AND ARE
THEREFORE INVALID UNDER FIFTH AND FOURTEENTH_ AMENDMENTS.
Regulation Section 882.215, as proposed, provides in pertinent part as
follows :
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"PHA ]Public Housing Authority) shall, however, have the
sole ri ht to give Notice to Vacate n accordance %;Ih
Section 8 dT(1) B)of the United_'States Housing Act of
1937, and the Notice to Vacate shall be given in accordance
with paragraph (c) of this section." [Emphasis added.)
Section 8(d)(1)(B) of the Act provides:
the ayes (the Housing Authority] shall have the sole
right to give notice to vacate, with the owner having the
right to Ina representation to the agency for termination
of tenancy." (Emphasis added.]
It is axiomatic that landlord/tenant rights are a matter of substantive
state property law which the parties cannot vary by contractual agreement
Iowa was one of the first jurisdictions to recognize an implied warranty
of habitability in residential properties whereby tenants are entitled
to withhold rent for failure to cure defects and/or provide services.
Mease w. Fox, 200 N.W. 2d 791 (Iowa 1972). This decision was a
landmark case in terms of protecting tenants by applying contract
principles to the traditional property law. In addition, the Iowa state
legislature has adopted a very stringent landlord -tenant code which
truly delimits the matters which can be negotiated between the parties.
See Chapter 562A, Code of Iowa (1979).
This means that neither the parties themselves nor a third party, such
as the City, may interfere with or change these correlative rights and
obligations. For example, specific times to cure either landlord or
tenant defaults, recovery of damages by either landlord or tenant, and
tenant abandonment are all controlled by state property law. Forcible
entry and detainer actions are governed by Chapters 646 and 648,
Code of Iowa (1979), together with Rule 82, Iowa Rules of Civil
Procedure (1979).
The proposed Regulation, and indeed Section 8(d)(1)(B), portend to
coerce private landlords into assigning their eviction rights to the PHA,
thereby derogating their property rights under Iowa law. The effect
of this is to grant eviction rights to the PHA which are superior to
those of the landlord. This attempt to interfere with the remedies assured
to both tenant and landlord constitutes a denial of sbustantive due
process rights under the Fifth and Fourteenth Amendments of the United
States Constitution, thereby rendering both Act and Regulation
constitutionally invalid. E.g., Flemming v. Nestor, 363 U.S. 603 (1960).
Both landlords and tenants under our current H ABCs and private lease
agreements are entitled to be protected from "arbitrary governmental
action afforded by the Due Process Clause." The proposed Regulation
is clearly an arbitrary action and should be therefore rendered invalid,
B. SECTION 8(d)(1)(B) IS EXCESSIVE_ EXTENSION OF CONGRESSIONAL
SPENDING POWERS INTO STATE PROPERTY LAW AND THEREBY INVALID.
The drafters of the United States Constitution clearly recognized that
curtain rights were retained by the stales as an integral part of our
system of federalism. E.g., Steward Machine Company v. Davis,
4A
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301 U.S. 540 11937); United States V. 13ullev, 297 U.S. 1 (1936);
see also Tenth and Eleventh A'mciidincrits of the United States
Cnnslitution. The United States Supreme Court has relied on several
rationales in order to determine whether Congress has exceed legislative
authority under spending powers granted in the Constitution. Since
the Housing Act is clearly not an enactment under the commerce clause
Ic.f. National League of Cities v. Usery, 426 U.S. 833 (1976)], nor
under the Fourteenth Amendment (c.f. Fitzpatrick v. Bitzer, 427 U.S.
- —
445 (1976)], it would appear that the Ifousiny—�Act— m—us•t pas–
s
constitutional muster under Congress' spending powers under the
General Welfare clause.
In the issue before us, the Act as well as the proposed Regulation will
effectively change state property law as related to the local assisted
housing programs. It is fundamental in American jurisprudence that
pruperty law is a matter reserved to the states. United States v.
Orecun, 366 U.S, 643 (1961). -- _—' —
"The Tenth Amendment does not, of course, dilute any power
delegated to the national government. . . but when the
Federal Government enters a field as historically local as the
administration of decedents' estates, some clear relation of the
asserted power to one of the delegated powers should be shown.
. . . there is nothing more deeply imbedded in the Tenth
Amendment, as I read history, that the disposition of the estates
of deceased people." Oregon, supra (J. Douglas, dissenting).
Clearly the property rights governing landlords and tenants are not
only historically local matters, but are also directly tied to the concept
of state sovereignty.E�.��--, Fitzpatrick, supra; Steward Machine,
su ra, See also Natio League, supra [test estab fshed of r whether
ederal law enacted under commerce clause impeded state sovereignly].
Finally, the areas of state property law have never been viewed as
legitimately preempted by federal law under the supremacy clause.
E.,cL._, Rice vL. Santa Fe Elevator Corporation, 331 U.S. 218 (1947).
In sum, the Act itself as well as the proposed Regulation are invalid
as attempts to alter Iowa property law, which attempts are clearly
excessive intrusions into areas historically and constitutionally reserved
to the slates under our system of federalism.
C. RETROACTIVE APPLICATION OF "PUBLIC LANDLORD" STATUS ON
PHAs AND DEROGATION OF PRIVATE LEASEHOLD INTERESTS RENDER
REGULATION AND ACT INVALID
The net effect of the proposed changes in eviction procedures is to impose
additional obligations oil the PHAs which they could not have reasonably
foreseen at the time of execution. These proposed changes also strip
away contract and property rights of both landlord and tenant which
again were not reasonably foreseen, nor bargained for by the parties.
It is a principle of fundamental fairness that legal obligations are not
imposed retroactively without notice. Even in the case of Thorp_e V.
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Housin Authorl!X, 393 U.S. 2G8 (1969), the United States Supreme
Court recognized that a federal ag•^_ncy cannot "change the terms of
the lease provisions" by applying a rule retroactively. In Thorpe,
supra, the Housing Authority clearly had both management
responsibility and eviction rights Linder the old Section 23 Program.
Thus the Court could state in good conscience that requiring the
Housing Authority to justify an eviction would have an "admittedly
insubstantial effect" on the basic lease agreement. The Court
concluded:
"Likewise - the lease agreement between the Authority and
petitioner Itenant] remains inviolate."
This is in decided contrast to the proposed situation before us where
the retroactive effect will than a the rights and responsibilities of
all ap rhes: including the edera'gcvernment. Surely the risks of
administering a "public landlord" program are considerably higher and
thus more costly. In addition, the Department's rule-making authority
e under Thor e, supra, is limited to the enabling legislation, i.e., the
I Act itseTfhus, if Section 8(d)(1)(B) is invalid as against private
states' rights, it goes without saying
property interests as well as
E that any Regulation enacted thereto is void ab initio.
k D. PROPOSED REGULATION IS IN DEROGATION OF CONTRACT RIGHTS
(: SET FORTH IN ACC, HAPC AND LEASE AGREEMENTS AND THEREFORE
INVALID.
POSSIBLE EQUAL PROTECTION VIOLATION FROM "PUBLIC TENANT"
CLASSIFICATION
The primary rights and obligations of local agencies under existing
Section 8 agreements are set forth in the annual contributions contract
(ACC) with the federal government. The local agency's obligations are
threefold: (1) To determine eligibility of needy families to receive
housing assistance; (2) to assure that assisted housing is a safe and
decent place to reside by way of annual Inspections; and (3) to certify
to the Department of Housing and Urban Development (DHUD) that the
first two conditions have been met for assistance payment directly to
the qualified landlord. Thus, the PHA's obligations and powers are
explicitly set forth in the ACC, and are further limited by the following
language:
(P)rovidod, however, that neither the PHA nor the
Government shall assume any obligation beyond that provided
in Contracts (HAPCs) in the form approved by the
Government." Sectiop 1.2, ACC.
There are no provisions in the current ACC which would indicate the
local agency has eviction rights superior to those of the landlord.
The Housing Assistance Payments Contract (HAPC) is a contract
between the PHA and the landlord, whereby the latter agrees to
use an approved lease agreement and the PHA agrees to forward
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payment, to the landlord so long as "safe and decent housing” is
provided under the terms of the lease. Again, there are no
provisions in the current approved Leases regarding the PHA's status
as "public landlord" with all the commensurate rights and duties
thereto.
The numerous Lease Agreements now outstanding in Iowa are private
contractual agreements between the landlord and the assisted family,
as approved by the PHA. Both landlord and tenant enjoy property
and contract rights separate and apart from the PHA by virtue of
Iowa law. The PHA is neither a party to the lease, nor does the PHA
enjoy any management rights under the HAP contract or the lease.
Custody and control of the rental premises remain clearly with the
landlord.
In decided contrast, the proposed eviction procedures will require the
PHA to accede to the status of public landlord for purposes of eviction.
This is an ominous responsibility, especraFy n light of the fact that
custody and control of the premises will continue to rest with the
landlord. Indeed, the PHA accedes to the duties of a landlord without
the correlative rights and protections under the law.
The cumulative effect of the proposed Rule on the above -noted
contractural arrangements is to work a substantial and material change
in all three sets of contracts, and thus constitute a reformation of the
contracts which, under Iowa law, must either be carrre�ut as a
modification by mutual consent or actual reformation by a court of
equity. The Regulation attempts to circumvent these proper procedures,
and such regulation is thus rendered invalid under the due process
clause by reason of fundamental fairness doctrine. E.g., Flemming,
supra.
A further result of the proposed Regulation may well deprive the assisted
tenant of private property rights under Iowa law. As stated earlier,
Iowa has stringent safeguards which protect tenants; and the creation
of a "public tenant" status without any additional benefits may well
consititue a violation of the equal protection clause under the Fourteenth
Amendment. Surely Congress did not intend that "public tenants" receive
less favorable treatment under the law than do private tenants. Thus,
it is our contention herein that the Regulation is not narrowly
tailored to a legitimate end, since sonic tenants will be less protected
in stales such as Iowa, and some indeed may receive greater protection.
E.tZ, Fitzpatrick v. Bluer, 427 U.S. 445 (1976).
E. PROPOSED REGULATION EXCEEDS RULE-MAKING AUTHORITY BY
REQUIRING PHAs TO SERVE NOTICE TO QUIT
The proposed Regulation provides for a two-step notice procedure,
loth of which are to be carried out by the PHA in effecting evictions.
Assuming arguendo that the initial Notice of Intent to Evict
("Notification of Owner's Request to PHA for Termination of Tenancy")
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is valid under Section 8(d)(1)(B), it is our contention that requiring
the PHA to actually commence slate eviction proceedings by serving
a Notice to Quit ("Notice to Vacate") is clearly beyond the rule-making
authority to effectuate the purpose of the Act.
The purpose of the Act is to provide safe and decent housing via
use of the private sector. The proposed Regulation will effectively
displace this purpose by interjecting the PHA into the Section 8
Program as a "super landlord". This proposed interference with
the landlord's rights and the PHA's obligations must therefore fall
as not sufficiently narrowly tailored to a legitimate purpose. Some
highly capable landlords will be deterred from the program, and some
unscrupuluus landlords will continue. Thus,, the Regulation must
fail as an invalid exercise of the Department's rule-making powers
pursuant to the Act.
F. THE PRACTICAL LFFECT OF IMPOSING "PUBLIC LANDLORD" STATUS
ON PHAs UNDER GOLDBERG WILL WORK UNDUE BURDEN ON LOCAL
AGENCIES, AND IS INVALID AS CONTRARY TO CONGRESSIONAL
INTENT
By imposing all the obligations of a landlord on the PHAs under the
proposed Regulation, it is clear that the PHAs will be deemed "public
landlords" for purposes of Goldber , supra. The procedural due
process requirements of notice and a u I and fair administrative hearing
before the PHA will attach to the initial Notice of Intent to Evict.
Further, the PHA will apparently have to prosecute the actual eviction
through state proceedings, which process will be very costly and time
consuming,
Durham Housito ngnA tihoritf P433F.2dal liabilities
(4lh.aCir. 1970)EStateneulder
v. Housin uthorrt o Cit of Pittsbu�, 469F. Supp. 1013 197.9);
see a so gur a Ines set ort y teVureau of National Affairs, HDR
iZF-153, 30:3001-16, as follows:
it. . informed observers agree that good cause and due
process have become constitutional requisites for public
housing evictions."
Although Section 8 is not true "public housing" the net result of
Section 8(d)(1)(B) of the Act and the proposed Regulation will be the
same, at least to the extent of eviction procedures.
i
In sum, these additional administrative and legal responsibilities constitute
9 an ominous and unworkable burden on local agencies without any
improvements in the overall quality of the program. This is tantamount
to fiscal irresponsibility at a time when cities and states are being forced
to cut budgets, staff and even services. The Department would do well
to seriously weigh these additional costs which appear great, as opposed
to the benefits which appear nominal.
i'v
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
7
Page -10-
Finally, the Act as carried out by the proposed Regulation are both
contrary to legislative intent to create a program which combines the
efficiencies of private economics with the funding and safeguards
of the public sector. Forcing PHAs to once again become public
landlords over private property Is truly antithetical to the ph-lloicsophy
underly g the Section 8 Program. The proposed Rule is in direct
conflict with the intent of Congress to encourage mixed economics
of decent, safe housing for economically deprived citizens, and is
thereby rendered invalid.
The objections and recommendations placed for record can best be summed up by
repetition
1) The Department should and must become and follow the legal avenues
available to it as an appellant. Pursue vigorously the rights of the
Department and PHAs through the judicial process, up to and including
the U.S. Supreme Court. - - It is time to say no to those advocates
of unconscionably weighted tenant rights and stand up for the rights
i of the Department and PHAs.
2) Initiate legislative action by Congress to amend the ambivalent, ambiguous
language set forth in Section 8(d)(1)(B) of the U.S. Housing Act of
1937. - - - Recognize that the present housing programs circumstances,
specifically the Section 8 Program, have drastically changed since the
Act and its language were passed into law.
3) Hold adoption of the Proposed Rule in abeyance until the above described
legal and legislative courses of action described above have been
exhausted. - - Make housing programs work; discontinue contriving
obstacles to prevent housing deliverysystems.
On and in behalf of the members of the Iowa Chapter of NAHRO, consider the
Iternative actions proposed.
is
Executive Director,
Des Moines Public Housing Authority
President,
Iowa Chapter of NAHRO
IN
MICROFILMED BY
JORM MICRO_ LAB
CEDAR RAPIDS -DES 1401NES
City Of Iowa Cit,
MEMORANDUM
Date: January 7, 1981
To: City Manager and City Council
From: Hugh Mose, Transit Manager
Re: Small Buses and Other Considerations
A more detailed analysis of the economics of bus operation and
maintenance, including discussions with the City's Equipment
Superintendent and several bus manufacturers, has yielded the following
information:
Regardless of vehicle size, there are several operational costs that
remain relatively fixed, such as the following:
1. Driver's wages and benefits will be constant whether he or she is
driving a large vehicle or a small vehicle. At our current wage rate
this cost is approximately 664 per mile.
2. Most administrative and overhead costs are also constant regardless
of the size of vehicles operated. These expenses include the office
staff salaries, utilities, insurance, telephone, etc. A reasonable
figure for these costs seems to be about 204 per mile.
3.Bus washing and cleaning costs probably increase marginally as the
vehicle size increases, but the cost difference is very small.
Therefore, for this discussion it is assumed that a small vehicle can
be cleaned as easily as a large one, at a cost of about 104 per mile.
The major costs items that vary with the size and type"of the coach are the
initial purchase price and those costs associated with vehicle
maintenance, including fuels and lubricants, parts, tires, mechanic's
labor, etc. The following tables give approximate capital and operating
costs per mile for several types of transit vehicle:
CAPITAL COSTS
VEHICLE PURCHASE LIFE
TYPE PRICE ; EXPECTANCY (MILES)
Small bus - 35,000 100,000
20 passenger
(gasoline)
Small bus - 40,000 200,000
20 passenger
(diesel)
Medium bus - 100,000 375,000
32 passenger
(diesel)
Large bus - 140,000 500,000
45 passenger
(diesel)
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
CAPITAL
COST (;/MI.)
354
204
274
284
CAPITAL
1.754
1.00
.834
624
0
2
MAINTENANCE COSTS
VEHICLE MAINTENANCE
MAINTENANCE
TYPE COST/MILE
COST/SEAT-MILE
FUEL MILEAGE
EXPLANATION
Small bus - 604
3.04
5 mpg
Costs are high due
20 passenger
to poor fuel mileage,
(gasoline)
higher fuel casts, constant
maintenance of the gasoline
engine, and body -on -chassis
construction.
Small bus - 454
2.34
8 mpg
Diesel engine gets better
20 passenger
mileage, uses cheaper fuel,
(diesel)
requires less maintenance;
body -on -chassis will still
cause some problems.
Medium bus - 554
1.74
6 mpg
Same benefits of the diesel
32 passenger
engine, plus lower overall
(diesel)
maintenance due to integral
body/chassis design.
Large bus - 604
1.34
5 mpg
Same advantages of diesel
45 passenger
power as above; heavy-duty
(diesel)
construction give long
life expectancy.
By adding the fixed operating costs, capital costs, and maintenance costs, the
total cost of operation for the different types of vehicle can be determined, as
follows:
VEHICLE TYPE
Small bus -
20 passenger
(gasoline)
Small bus -
20 passenger
(diesel)
Medium bus -
32 passenger
(diesel)
Large bus -
45 passenger
(diesel)
TOTAL COST OF OPERATION
TOTAL COST/MILE TOTAL COST/SEAT-MILE
$1.91 9.54
$1.61
$1.78
$1.84
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS•DES MOINES
45
F
3
It can be seen that the cost per mile is lowest for the diesel -powered
small bus and highest for the gasoline -powered small vehicle. On a seat -
mile basis, however, the larger the bus, the more economical it is.
Another alternative which is less desirable than those discussed above is
the use of school buses as an interim solution. New school buses would
cost approximately $25,000 each with a six month delivery date. The
purchase of four buses would be required in order to maintain three buses
on scheduled service.
Used school buses could be purchased for immediate delivery at a cost of
approximately $4,000 each. The purchase of six buses would be required in
order to maintain three buses on scheduled service.
The operating costs for school buses could be expected to exceed the
maximum cost per mile listed above for the new small 20 -passenger
bus.
None of the proposals take into account the maintenance problems
associated with the purchase of additional buses. As discussed with the
City Council previously, there currently is' not sufficient building area
to store additional buses and the maintenance facilities are exceedingly
limited. Additional parts inventory would have to be acquired and
possibly additional equipment maintenance personnel employed.
If additional buses are purchased, supplemental services would be
provided on the following routes:
a. Rochester -Sycamore
b. Lakeside -Mark IV
C. North Dubuque-Oakcrest
The two existing "tripper” buses would operate on,the Hawkeye-East Side
special route. The cost of this service would be approximately $300 per
day and the revenue received is estimated to be approximately $150 per
day. For the remainder of this winter season operating costs would be
about $20,000. For a full winter season the cost would be $30,000.
It should be noted that there are several other important considerations
in addition to cost. For instance, small buses can be best used in tandem
with our already scheduled buses; it would be difficult to use these
vehicles to provide shorter headways. In addition, the new small buses
would not be interchangeable with our older units, meaning that we could
not easily send out a small bus in place of a larger vehicle in the shop
for maintenance. Also, on some routes during rush hour, bus capacity is
the governing factor that determines how many people will ride; in these
instances the added small bus will reach capacity very soon and the
present problem will recur.
bc3/5
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES 1401NES
q5
_-I
.1
..7
CITY OF IOWA CITY
PERSONNEL RULES AND REGULATIONS .
EXISTING POLICY
EQUAL Etvimtmry OPOe1Vt01W MILT
Aso
A"IMTWX ACIIw @aoc"M
ti comAL tOl.lCyr
It is the policy cid Walli's otltrtivt of the city of Iso City to fre'Mto
W 'newt goal Opmrtmlty for ail y.raar without rqud wan "m, cr.sl,
color, relarl Orlplo, "11000, wq ap 01 sam1try mploytd or so'hlap
syle,wnt, usiaq City fsrilltl.s or below verwiced y-tA0 City. The poll,,
of egrlity .mil.. to coq swarm of City eWlor."t rraetum am policy
Inaolslow all ac,tI.Itr areas.
it L In tlr gerral weif"a aid u"ar" of N. City Of lora City to pecsats
It. socia ,' vacurity, and Internal harass, thasal trap soft pfflrtrnt and
efl.ctian stlli"tlm of ...liable rnmar W nvaur"a.
It to to adiltlme tow pollp Of the City to "sort lefdnahip .Rhin N'
aw,alty a,d to Put twin the rale .ffart to achhrve r dleerLirtaq.
atsal orloysont Oft0ft"lti0,. It is todr"tood that the effective ayrllta.
blew Of Sh18 policy iw0l"s was than tow vtotsotnt of tow milcy. Afflrrtue
atcur will be login to We tem Slut "I snplolsent Opprtaltlt, a,,
available so Ns basis of the writs of the lslivldool W Oerlvtent with -
tlM city'$ pale and tlsotablas for ".(ting in bee Of fwale and alrority
`epreo wo,lon on the City's eat form.
la uPlasoaking Nit m policy. tso City of lav City avow@, con-01orrL/nalle:,
la recreltlng, MCI"- erkialng. Naorot, s4so,soar. Osngtwttim, sting
toNltlms, iartlm, le"If W terrdrtuo.
lhb City will tabs tbn rwu.ty, at*" m Ewe Nst alt ospartnent rads was
othm avian" ani all pa"'Miol welar .. an MIwai of Skis policy of
®-diet./tlrelOa, W of the City's Intarrt L stlwly sr .ffimti.oly
prowiduf ""I rapplaywat ogsrtwty. .
Plat ,tap sill Laal,d., bot aro rt IW"d W. van IOIIWAWr
1. IS brut stater.' N the psUtp L all Seo Lsorla fm onglgwwt.
7. olossehat1w of ba po1Lp tbesoph the some. now, +uyw eru"alM
dib lw. bilMtia baso, Ota.
1. hd.uing all peaaa L a p ottlso with" the City p. marmot b Lpl@-
sora thin policy of tb.lr en@gerWllty e1N res rd an the mlicy.
L lfisolf101t
AffLsokiw aetla .111 trout of emu" seeoitwat of reads, dlsabr"pN
W Minority c ndldatr for pitta witkia the City at all Imis.
1. Active reemitMat Will err
o. FLM% mrleoratus pair 1111Lp ILLI 1 cawtw L a mpa"Mmt Wll
be Olson, so "hulas ongtgsw at yrr war win the sr ioprt-
Msot an tpaptufad asps S faso Mbar dl'eaLota.
_37 -
MICROFILMED BY
'JORM MICRO_ LAB
_CEDAR RAPIDS -DES MOINES
L.,
N
C. Tatwlm.
1. fralnlog And Voplovasnt tl.4na0• each proO(ess as hayor's 1"rh cwlols t
grates. blgaketlmd twtl. tbrpr, Opecatlon Mainstream, ad otbr womb
prgr.an wpl b glen W prrsont rt. (I'll. tino(etl'. and " IbabJ^r Yf
poop for low Lt , within "halof tha latest AFprWed "at.
7. rale Ad mimrier eployta es .11 r otbts will be enx=.3d to
locoweed t,wic $kill• ane lab potential Wmogh RRialpticn Is training
w dwation progress, Ad the City will rt"larly'"I" ad belp a
eats" that arch prograna Ago d"te W to. In fact, AVnilabl. to
all "O.R... Tr City will sot to A•w frLLe and LL"rity ewylfye.s
cane dasats" of uLLn1q OpRrt"itl.e In wekers that A" rwresestataw
wire centred to tha sirs of tug cart (.,Co. ad Wan tralni" /s esall-
"to generally W *teat .glogs-a en ties .e ela'"fication.
I. b cry farts tad sinerity and/or duOtt-M&ld "Cines And S~r gwtt-
tim aplaye will As asp A• work needs pelt ad esloditorp allow
on at let a rep••wtatlw Mlatimanip to tug general a ity.
er
2. obs ULlorsity, M settled" *thatt Ago, MeablleW will nbe etdvisd of tksy College sea 2tkills ala-
was
nbS•Ct$ d athe level$ t ,g of that aboard be taught to ret tgoal" _
am" of w city esplo/fes -tugs Ad it each training Frogre are'
i"LLtdd.
O. dRlO•. PIAOrff. AM ptl1011=1
1. Oployeot applfcatla fore will as fm of $la• its .e1.1. " a►Y.
crsd, color, sat/sal "lin, calilion, car, age Or &most" tart As
a eeparole "feet" section of the aWl{rtlon in order W identify
applicants
for repruq me statistical pWPOS" eaM
VLL"F be I"w•b
Sur W local CSD Metal".
I. All ge llfleatle fes asPlMeat •held be rally Sas rslatd. A.7 tests
given by ter City will W cTAt, is And Identical for all *Mlleaits far
2tetitof t tests glass
by the 'eOld
As Cedocedto Lower, their I' a of tbpac/assof'Mrr
was.
I. The geallfl00tlar of All asplors". including feats, away, ea•o- d
alacrity keckylvrod. will be r"IeWd MOlarly to Issue- that they aro
telderd for yaetiro W a-gfadlq.
t. All p.raM1"s •neyor traaws of owl, saa Its oro Sob to a attar .&II
be sogg rlso+wt ree•rd " race, erect. air. n,t1O041 edain. "list" -
Are. age Or .•Metre.
S. All fel• &WOt minuet%, gaup eyleyess rill rewlw ad-gs•" rwate"a-
elso year •deaaceanat oM rtamivea.
d, Me a4lactlw b•MJLLq Mr-aMts Mets tie- Cite My ea lata will as
ar tXLAd1fM
tfr � witbd. NO"" 0 with the 226600• nsM. Mike,ttlsrl "is". MIN1r.
wase sea " a2Ca aryl Ad able bac COrletsot with ® pots.
MICROFILMED BY
JORM MICRO_ LAB
++ -CEDAR RAPIDS -DES MOINES
b. Identification In Ica, rd .0 , Areas. when nacM+aq, Of apaclu
dwtlonal And aspleywat Opportunities
MA progress concerned with
for tel• Wer Mnarltp tacA..$.
C. ewer affect Will be so& to oce"ct • Variety of agenei" and ladi-
rld"es to Identify prospective 49l/cants. and Witt" notification
will be Sant to such M-nalss Of all now Poettions ad tie lgwireen4
Of Mek As s*on As each position bods awilabW.
s. LLl Vaeancles and now positions In City depatteent+ or "w.ti.+, roc
_
Initially filled by a prosane City soploy"a shall ba Publicly dwe-
tisdl and that the atstent area City of los City is A reit.
dfiantiw Wtles. curl Opportunity sepleyers aiucjmalr ahall
be a part of each adwrtiwewt rsga.dlm MPloyet.
r.
Tr city will plat• nployr•t adVwttralog In publication, with • Lroad
LLr<elatla " that a large a sh r of earl. and .1nority, groups on be
reached. in addition, •ployed d.atL•aed$ will so placed is saws -
FIRM VI"Ia the ""taOLC ear of lora city which ani wiggle ted.
j F.
Systoetit Contact will he kept with the brat state etployeaat Security
msovston Orel". ttssanier Musa, •geacy, And the city.. floe sslaLLoas
csacllWso W w mese, "festal of applicants for psitieds *kick might
beoe &"liable.
j d.
1110"trplov", w enco.aopd to "far fedi or mimrlt/ applicants
1
shown 1.9w. are aw11Jl..
S.
ab city will M"s$ewtl s.ok e• Castle bas cWldtew L
to all tsest
all two .f tug rLLq It hate to LLI
t far —zlL
daer"s wt fry. ani mieler ebea• ars keV" eoagke to "rldaa-
1. &M calla ty
p,
Y
also sea* Reit/e no awllala.
d.
"a city will toatiw•lly se"tlelaf the fnllwlq W Astasia. 1t,
.. TIM a" My Sob CARIW1N Mich, in practice, effort. ata
14
elesos r Tarlo Ad mister poop.
Y'
b. dill" Rocal"s IdtM" lest all aplices" An isL"I*d
elder on the bale of lblr 00e13f1"tlons !w w 1•b aprnite
'•
fee Mleb they haw applied.
a. ran I.M.1 low In Mich A now aPlry-. 1• pl..d to ggedelad
M weteslally influenced be troth" a not b Or shot is a rugs
.:
wi a Almelo? group.
l
s. luaesal "try gwalificaticas an in fact M"seaer* valid, and
•
StatlflA►l. 1. to. of aCcaptabl. cid rMalyd pacforaas s, least.
Ad AaarNas Mterath fader W Mak aelysts.
It
aq of tlage tsoditia2 emist they will be IsediAtsly randld.
1.
eb City will sotobli" a e"tan tk~ units It is possible W whey the,
i
Warr 6f slangier applicants esd tie• taker of mitally sola• only
pHo/ed a Rsrad In "festa to the tabs Oc appllcotler rS"lwd
AM spomige &"Arabia.
N
C. Tatwlm.
1. fralnlog And Voplovasnt tl.4na0• each proO(ess as hayor's 1"rh cwlols t
grates. blgaketlmd twtl. tbrpr, Opecatlon Mainstream, ad otbr womb
prgr.an wpl b glen W prrsont rt. (I'll. tino(etl'. and " IbabJ^r Yf
poop for low Lt , within "halof tha latest AFprWed "at.
7. rale Ad mimrier eployta es .11 r otbts will be enx=.3d to
locoweed t,wic $kill• ane lab potential Wmogh RRialpticn Is training
w dwation progress, Ad the City will rt"larly'"I" ad belp a
eats" that arch prograna Ago d"te W to. In fact, AVnilabl. to
all "O.R... Tr City will sot to A•w frLLe and LL"rity ewylfye.s
cane dasats" of uLLn1q OpRrt"itl.e In wekers that A" rwresestataw
wire centred to tha sirs of tug cart (.,Co. ad Wan tralni" /s esall-
"to generally W *teat .glogs-a en ties .e ela'"fication.
I. b cry farts tad sinerity and/or duOtt-M&ld "Cines And S~r gwtt-
tim aplaye will As asp A• work needs pelt ad esloditorp allow
on at let a rep••wtatlw Mlatimanip to tug general a ity.
er
2. obs ULlorsity, M settled" *thatt Ago, MeablleW will nbe etdvisd of tksy College sea 2tkills ala-
was
nbS•Ct$ d athe level$ t ,g of that aboard be taught to ret tgoal" _
am" of w city esplo/fes -tugs Ad it each training Frogre are'
i"LLtdd.
O. dRlO•. PIAOrff. AM ptl1011=1
1. Oployeot applfcatla fore will as fm of $la• its .e1.1. " a►Y.
crsd, color, sat/sal "lin, calilion, car, age Or &most" tart As
a eeparole "feet" section of the aWl{rtlon in order W identify
applicants
for repruq me statistical pWPOS" eaM
VLL"F be I"w•b
Sur W local CSD Metal".
I. All ge llfleatle fes asPlMeat •held be rally Sas rslatd. A.7 tests
given by ter City will W cTAt, is And Identical for all *Mlleaits far
2tetitof t tests glass
by the 'eOld
As Cedocedto Lower, their I' a of tbpac/assof'Mrr
was.
I. The geallfl00tlar of All asplors". including feats, away, ea•o- d
alacrity keckylvrod. will be r"IeWd MOlarly to Issue- that they aro
telderd for yaetiro W a-gfadlq.
t. All p.raM1"s •neyor traaws of owl, saa Its oro Sob to a attar .&II
be sogg rlso+wt ree•rd " race, erect. air. n,t1O041 edain. "list" -
Are. age Or .•Metre.
S. All fel• &WOt minuet%, gaup eyleyess rill rewlw ad-gs•" rwate"a-
elso year •deaaceanat oM rtamivea.
d, Me a4lactlw b•MJLLq Mr-aMts Mets tie- Cite My ea lata will as
ar tXLAd1fM
tfr � witbd. NO"" 0 with the 226600• nsM. Mike,ttlsrl "is". MIN1r.
wase sea " a2Ca aryl Ad able bac COrletsot with ® pots.
MICROFILMED BY
JORM MICRO_ LAB
++ -CEDAR RAPIDS -DES MOINES
10.
i.
r.
y. Ths City ill ...iw job categories who's ewe tassels ..Wer anarity grey
eanbrn are presently replayed, and ewe b determine the came for such
situations. wban onces.ary, aanedlet efforts "y Include sows actions
On the following,
a. Mn rigorous recruitment of ganlillel tanatn'War minority
candidates.
►. special discussion with appangrita rmnganwt, sspenlancy, ow aeon,
personnsla regarding the City's p*Ilty a" Its Mein b iwawns fall
.till.atlon of gesltfl.a feeat* AW.. "Welty grey person
at all job fowls.
C. hal"te qualifications of the lower ondrlon of tsale'Wor mivarlty
IMV aployaee to Mtered" wMther chair rkill* W capabilities
weuld n bees 1.11y wtillam at moor Is► beats or wewld sors"t
their transfer to "her type of jobs ants Mostly least" ce asceace,
sent.
a. placanowt, possession. w transfer activities ma all heals olV .baa d -
bras he losses, tbst fell cm"fttatim. tl aogand by the city policy,
has been glean "qualified lads 4mVw sta"Iq }ay mpla ase.
tll R tRlC:IIMTMtI Or VCUCV,
lbs city will take appropriate $taps In lesions wt all employees mn mimed
Of Chip jollcy of andiscrblnstlon and of its laasat 1O actively amd
affirsoaiwey psovedl" ""I aylajrat oppttmatty ase► we
1. Coeao.ICatlon 00,110. including bulletin. employer Mndbootr, di-eunian
Or tion to client now eeplorees, ud la -homes pahllbt!"a ed11 dphanl"
this svbj'ct.
j. All "aeganast aed any *then in a positions to teplaanwt this p ilcy,
!"Iu11" these 6094400 in raerutl"t tral deg and *hese pwa l st1O-
ltles, wall be Polly advised of the policy and of weir responsibilities
with mpeet ba Lt.
t. Tte, City Wager will establish a systns of f"mack roWcl within all
departments to •avows application of the policy throatiest the entire City.
a. A pgrlasle rynst to the mmDm trtavW OmmdmL m shall be soft by time
City Wweger m"r.ing p cgrs .l W Affirnstl.a action prngran.
S. To city will designate A spanlfie pass" aas Chugs that person with rise
responsibility of coordinating rose alftrsatlya action ptngran aas rwnond
keepatg. The person is charge Assets sees class responsibility and tLan
b "awry aftimistar ale Afatrantim Actlan peepam. .
tdTbfT. TIMIYTMIS. d tAwn M.
The City will nsewno slat japeffe. "instantiate. and ftus'Waps .111 m tae J
.ass for towns. Anus tort as* a"lans, an mall an eosW fw lapeffse will
be made ritj"t regard " res. Caned, elan, asuarl "ills, religion, ran.
M. as serenely.
-tl-
a. al,VlT3 aNe sTAM
rhe City .111 lesae that cher. In as alep.rttf between tha comp .u.tio.
rewbM by females ave/or .lartq Ttey aple rwo was ether allgw.t .nl
that opportunity for pertoreiog owartian ark nor at m ire earning increased
.0"maeion is ffordod without discrimination to all aplofe...
it 1. the Citys polity that none of Its facilities will M segregated on the
basts of race, reseed, aloe, national origin, religion, see, ego or an_-.stq
and the roan policy Will be chase wit\ compact to any eyloyw progress
or .ctl.ltl.n which .r. sponsored or supported by the City.
� ACTION,
Twee City will •Ise encourage minority gray convectors, subcontractors, aas
contractors with Woolley rrpessanution asoag their msplayws b bed for
contracting week and when rpaate to to ted d"C" fesablt reNowt showl"
pgef.nnce, .,.let than with rospoet to, -.reel" performann bonds, writ!"
contracts and asking bids.
fues"nt b the Iwo city urn rlattw ordlaam,s lis". 09"1 and just troat-
sent .hail be guaranteed by all municipal apacles In Waning their senlean
W ala pilic, W tin will be msdiscriadanalas an the Mete of race. Cared.
al", national "ilia. rolyleme N. ape es mined Is the wee of aLctpal
facilities. tbeso in chap of the '"Lows municipal facilities shall tate
spatial term tit an mmcyal M.:Iltq Is trot to ties fanthana"e of any
disegWmatany practice.
I. MIMI=,
1. nlarlty Croy
Any pigmy witais a toltee , %Uch to distlmgulsbable fran the dominant
troops In that college ams is Objected on certain enrlui"s. dis"iegm-
arl.., MA sense ditterseA"I eyMtdumt by VOODOO of ase, sales. one teal
"Lyle. religion, noes, ago, ameestry or a4 combination of these factors.
d. Odarity Grey Wiseman
rasa who are matters of mdregity, pupa as deflmed •nave W Ike appy
for amplafrt with an city as yea city.
1. city
City 10 the city of laws city. load. " a manlripel corporatism.
j MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
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DRAFT...
AFFIRMATIVE ACTION POLICY -
I
1
Introduction
II
Policy Statement and Program Guidelines
>'
1,
III
Responsibility
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City Council
City Manager
Human Relations Director
E
Department Heads
B
IV
Dissemination
i
i
V
Goals and Timetables
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VI
Grievance Procedure
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MICROFILMED BY
!JORM MICROLAB
'CEDAR RAPIDS -DES MOINES _
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CRAFT...AFFIRMATIVL ..CTION POLICY
DECEMBER, 1980
Page 1
INIRODUCIION
Equal employment opportunity is the law of the land. It is mandated by
the Fourteenth Amendment to the Constitution of the United States,
various state constitutions, federal, state and local statutes,
presidential and gubernatorial executive orders, federal and state
administrative regulations, and an ever growing body of court
decisions. The cumulative purpose of these authorities is twofold:
first, to guarantee that persons have genuine and equal access to
available job opportunities, limited only by their individual merit and.
fitness to perform the work required; and second, to prevent, eliminate,
and remedy discrimination in all aspects of employment based on race,
creed, color, religion, sex, national origin, age, physical or mental
handicap or disability, marital status, sexual orientation or other
non -merit factors.
Public employers, because of their unique status and obligations, are
expected to take a lead role in assuring that these objectives are
addressed and met. There is ample evidence demonstrating the inadequacy
of relying merely on a statement of a non -di scrimination .policy.
Accomplishment depends on positive efforts properly planned and
executed.
Therefore, the City of Iowa City has adopted the following Affirmative
Action Policy and program guidelines in order to affirm our commitment
to the goals of equal opportunity and affirmative action and to
aggressively and systematically address and implement our
responsibility.
The City of Iowa City shall also encourage positive affirmative action
efforts from vendors, contractors, consultants and firms with which the
City does business. A contract compliance policy shall be developed and
adopted no later than six (6) months from adoption of this Affirmative
Action Policy.
II. POLICY STATEMENT AND PROGRAM GUIDELINES
The City of Iowa City, through adoption of this Affirmative Action
Policy, affirms its commitment to the provision of equal employment
opportunities for all employees or potential employees of the City
regardless of race, creed, color, sex, ancestry, religion, age, sexual
orientation, marital status, mental or physical handicap or disability,
except where age, sex, or physical ability constitute a bona fide
occupational qualification necessary for job performance.
In addition to impartial judgment in hiring and promotion, this
Affirmative Action Policy shall also extend into the areas of firing,
demotion, wages, fringe benefits, classifying, referring, and assigning
employees, extending, or assigning facilities, training, or
apprenticeships, as well as any other terms, conditions or privileges of
employment.
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DRAFT...AFFIRMATIV, .ACTION POLICY
DECEMBER, 1980
Page 2
This,Policy will be implemented by an Affirmative Action Program, which
will encompass the following areas:
1. Dissemination of policy, internally and externally.
2. Assignment of responsibility for implementation.
3. Aggressive identification and recruitment of underrepresented
classes.
4. Employment policies and procedures that ensure non-discriminatory
effects.
5. Attainment of goals and objectives with appropriate timetables.
6. Job evaluation and hiring criteria to reflect actual job needs.
7. Utilization analysis of protected categories of the City of Iowa
City including: placement, training, promotions, salary levels,
and attrition rates.
8. Establishment of measurable and attainable hiring and promotional
'C goals in each area of underutilization.
9. Orientation of staff, elected officials and members of boards and
-; commissions to include education, sensitization and
accountability.
10. Performance monitoring of Affirmative Action Program.
Ill. RESPONSIBILITY
It is the responsibility of the City of Iowa City to produce an
environment in which a program of equal opportunity and affirmative
action can be achieved, and in so doing to eliminate artificial barriers
,i to equal employment opportunities within the personnel system of the
City.
City Council
The City Council has the following responsibilities:
1. To adopt the Affirmative Action Policy.
2. To provide sufficient resources for the development and
implementation of the Affirmative Action plan and program.
i' 3. To evaluate all Council decisions in terms of their impact on
affirmative action objectives.
4. To ensure that the City Manager, Boards and Commissions of the City
understand that continued evaluation of performance will include
emphasis on their affirmative actions and results.
City Manager
The City Manager, as the highest administrative official within the
City, has overall responsibility for the implementation of this
Affirmative Action Policy. The City Manager shall guide and support the
efforts of the Human Relations Director in order to achieve a viable
affirmative action plan and program.
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DRAFT...AFFIRMATI�'�CTION POLICY
DECEMBER, 1980
Page 3
Human Relations Director
rhe implementation of the Affirmative Action Policy through the
development of an affirmative action plan and program is the
responsibility of the Human Relations Director. A further
responsibility is the monitoring of the program on a daily basis by the
Director, department staff and/or any other employees so designated by
the Director.
Responsibilities of the Human Relations Director include, but are not
limited to, the following:
1. General direction, coordination and assignment of responsibility
for the day-to-day operation and implementation of programs
established under the affirmative action plan.
2. Assisting department heads and other personnel in meeting their
responsibilities under the plan.
3. Implementing specific auditing and reporting systems that will
a. Measure effectiveness of the City's program on a quarterly
basis and determine the degree to which goals and objectives
have been attained;
b. Indicate need for remedial action and take steps to generate
required action.
4. Ensuring that all employment policies and practices of the City are
administered without regard to race, creed, color, sex, ancestry,
religion, age, sexual orientation, marital status, physical or
mental handicap or disability, except where age, sex or physical
ability constitute a bona fide occupational qualification
necessary for job performance.
5. Reviewing qualifications of all positions and employees on a
continuing basis to ensure that minority, female and other
protected employees are given full employment opportunities.
6. Reviewing job qualifications on a continuing basis to ensure that
minority, female and other protected employees are given full
employment opportunities.
7. Ensuring that all employees are provided with opportunity for in-
house counseling regarding their career development.
8. Serving as liaison between the City and review agencies.
9. Serving as liaison between the City and all protected classes.
10. Developing a procedure for accepting and ensuring a thorough and
timely review of all complaints regarding alleged discrimination,
harassment or unfair treatment in the areas under the purview of
the affirmative action plan.
11. Ensuring that management employees understand that a continuing
evaluation of their work performance will include emphasis on
their affirmative action efforts and results.
12. Keeping management informed of the latest developments in the
entire equal employment opportunity area.
MICROFILMED BY
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DRAFT...AFFIRMATIV, ,CTION POLICY
DECEMBER, 1980
Page 4
Department Heads
IC is the responsibility of each department head to ensure that
affirmative action is a reality and that affirmative action objectives
are being met in their departments. An employee within each department
may be designated to serve as the equal opportunity and affirmative
action representative, fulfilling any of the duties listed below.
However, the department head is ultimately responsible for the
successful implementation of the program within his or her department.
Responsibilities include, but are not limited to, the following:
I. Giving assistance to the Human Relations Director in the
establishment of appropriate goals and timetables in their
department.
2. Regularly auditing employment policies and procedures in their
department, identifying problems and implementing appropriate
action to remove impediments which stand in the way of meeting
goals and timetables.
3. Conducting discussions at least quarterly with all employees
concerning the affirmative action program, in order to ensure that
policies and procedures are understood and are being implemented.
4. Answering employees' questions regarding affirmative action.
5. Facilitating the resolution of employee complaints as outlined in
the complaint procedures herein.
IV. DISSEMINATION
In order to assure a viable affirmative action program, an active r
dissemination program must be pursued. This should consist of a two-
fold procedure.
A. Internal; i.e., notification of all City employees; and
B. External; i.e., notification of the general public with particular
emphasis on: 1) potential employees; 2) recruitment sources; 3)
vendors, subcontractors, consultants and firms with which the City
does business; 4) unions and professional organizations. These
groups will be kept informed of the City's policy in writing,
through personal contact and a variety of other appropriate means.
Dissemination shall be accomplished by, but not limited to, the
following means:
1. A copy of this Policy shall be distributed to all City
employees. This should be done at the time of hiring, with the
exception of current City employees who shall be given a copy
forthwith.
2. All orientation programs must include a discussion of this
Policy, and all personnel training programs must be sensitive
to affirmative action issues and concerns.
3. Where appropriate, the City will distribute information
through internal communication and all available news media
I MICROFILMED BY
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DRAFT...AFFIRMAI'1V'�{CT10N POLICY
DECEMBER, 1980
Page 5
about affirmative action programs, progress reports, hiring
and promotion of minority, female and other protected
employees.
4. Each department head will regularly explain how employees can
avail themselves of the program and shall provide a forum for
such discussion.
5. The City's equal employment opportunity policy and current
Equal Employment Opportunity Commission posters shall be
clearly posted on City bulletin boards.
6. A copy of the Affirmative Action Policy and programs will be
maintained in every department and will be available to all
employees.
7. Department heads will be kept apprised of the current local,
state and federal equal employment laws and affirmative
action regulations.
V. ESTABLISHMENT OF GOALS AND TIMETABLES
A. Initial city-wide and departmental evaluations.
"Minorities" as used herein shall include all affected and/or
under -represented groups which constitute protected classes for
purposes of affirmative action.
Within six weeks after adoption of this Affirmative Action Policy
by the City Council, the Director of Human Relations will prepare
and issue to the City Manager and the City Council, and to all
department heads, an Affirmative Action Report which contains the
following:
1. Representation of minorities and females in City positions by
job category as compared to representation of whites and
males in the same categories.
2. Comparison of minorities and females employed by the City by
salary level as compared to whites and males.
3. Number of minorities and females in City positions as
compared to their representation in Iowa City/Johnson County
population and to the Iowa City/Johnson County labor force
or, where appropriate, the regional or national labor market.
4. Unemployment rates for minorities and females in Iowa
City/Johnson County labor market as compared to the rate for
whites and males.
5. Number of minorities and females in City positions by
occupation, as compared to their general representation in
these occupational groups.
6. An analysis of turnover rates of minorities, females and
other affected and/or underrepresented groups compared with
the turnover rates of whites and males.
During the month following the receipt of the above Report, each
department head shall review the Report and, in particular, the
analysis of minority, female, affected and/or other under-
represented group utilization within his or her respective
department.
j MICROFILMED BY
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DRAFT...AFFIRMATIy�CTION POLICY
DECEMBER, 1980
Page 0
Within one month following the issuance of the Report, the Director
of Human Relations shall coordinate planning sessions with each
department head for the purpose of identifying major areas of equal
opportunity concerns and establishing specific objectives, goals,
and timetables for the Affirmative Action Plan. Such objectives,
,goals and timetables, when identified and formalized with their
respective procedures, shall be presented to the City Manager for
review and approval within one month.
B. On-going progress reports.
By October 1 of each subsequent fiscal year, the Human Relations
Director shall prepare and issue an Affirmative Action Status
Report, which report shall contain the following:
1. Representation of minorities and females in City positions by
job category as compared to representation of whites and
males in those same categories.
2. Annual salaries of minorities and females employed by the
City by salary levels, as compared to whites and males.
3. Number of minorities and females in City positions as
compared to their representation in Iowa City/Johnson County
population and to the Iowa City/Johnson County labor force.
4. Unemployment rates for minorities and females in Iowa
City/Johnson County labor market as compared to unemployment
rates for whites and males.
5. Number of minorities and females in City positions by
occupation as compared to their general representation in
these occupational groups.
6. Analysis of turnover rates of minorities, females, or
affected and/or under- represented groups as compared with the
turnover rates of whites and males.
Each Annual Report will also contain the following performance
assessments:
1. Applicant flow by race, sex, source of applicant and job
applied for.
2. Transfers, promotions, demotions, hires, discharges, training
opportunities and other conditions of employment by race, sex
and job category as specified by the Human Relations
Director.
By November 1 of each year, or no later than one month after the
first Annual Report, each department head shall review the
Affirmative Action Status Report with appropriate personnel in
their own department, and shall proceed to analyze their
department's position in relation to the Report.
By December 1, each department head shall meet with the appropriate
Human Relations representative for the purposes of assessing
attainment of last year's departmental goals as a guide for the
future, and setting departmental affirmative action goals for the
next fiscal year.
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES NOIRES
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DRAFI... AFF IRMA II JC POLICY
_..._
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UfCLMUfR, 19UO
Page 7
By January 1 of each year, the City Manager shall review and
approve all goals for the up -coming fiscal year and shall make an
Annual Report to the City Council on progress made on the City's
annual and long-term affirmative action goals, with observations
on budget implications.
The Human Relations Department shall issue quarterly reports on
progress in the attainment of fiscal year affirmative action
goals.
VI. GRIEVANCE PROCEDURE
The following procedure is available for grievances filed pursuant to
the Affirmative Action Policy herein and subsequent Plan adopted.
A. Grievance defi
A grievance within the meaning of these rules is a dispute between
the City and ,a particular employee or group of employees over an
interpretation or application of the rules or procedures
promulgated by the City.
Any employee of the City of Iowa City alleging a violation of his
or her civil rights may at his or her option request a hearing
before the City-wide Grievance Committee. This option shall not
preclude SIMULTANEOUS filing of a complaint or an action under
local, state or federal law. The Human Relations Department shall
provide the employee with the proper officials and/or addresses
for proper filing of a local, state or federal complaint, together
with a list of remedies and filing timelines.
Under the City ordinance as currently interpreted, local
complaints may not be lodged by City employees before the Iowa City
Human Rights Commission. Nothing herein shall be construed to
interfere with City employees' rights under civil service.
Any matter which is the subject of a Union grievance shall not be
the subject of a grievance herein.
B. Grievance procedure
For purposes of calculating time periods, "working days" shall not
include days when either party to the grievance is absent. Parties
may also agree to extend time periods.
Step 1
The grievance shall be presented in writing by the grievant to
the grievant's immediate supervisor within ten (10) working
days of the event giving rise to the grievance. The
supervisor shall deliver a response to the grievant within
five (5) working days of receipt of said grievance. If no
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DRAFT...AFFIRMATIV. CTION POLICY
DECEMBER, 1980
Page 8
response is received, the grievance will be deemed to proceed
to Step 2, unless otherwise satisfactorily resolved.
Department heads and employees reporting to the City Manager
shall proceed immediately to Step 3 of the Grievance
Procedure.
Any resolution of grievance between the City and the grievant
at Step 1 of the grievance procedure shall be considered as
non -precedent setting.
2. Step 2
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'CEOAR RAPIOS•DES 140INES
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If the grievance is not resolved at Step 1, the grievant
shall, within five (5) working days, present a written copy of
r
the grievance, signed by the grievant, to the department
director and to the Human Relations Department. The
'
grievance shall contain a statement of the facts and the
F
sections of the rules or provisions violated, and 'shall state
x
what remedy or relief is desired. Parties may mutually agree
Sto
extend time periods.
t
The Department Director, one Human Relations staff person,
and the grievant will meet within ten (10) working days of
receipt of a Step 2 grievance in an attempt to resolve the
grievance. The Department Director will respond in writing
to the grievant within five (5) working days after such
i
meeting.
4
3. Step 3
A grievance not resolved by Step 2 shall be submitted to the
City Manager or his or her designee within ten (10) working
days of the receipt of the Step 2 response. The City Manager
will respond in writing within ten (10) working days. The
i
grievant may request a meeting with the City Manager before a
j
decision is rendered.
4. Step 4
e
P
A grievance not resolved in Step 3 shall, at the option of the
grievant, be submitted to the City-wide Grievance Committee.
The Grievance Committee, at a time mutually convenient to the
yrievant and Committee members, shall receive oral and
;t
written testimony, evidence relating to the grievance being
heard, question witnesses, receive reports, conduct itself as
a full hearing board and protect appropriate due process
rights of all parties to the grievance. Within ten (10)
working days of the conclusion of such hearing, the Grievance
Committee shall issue a written decision, sustaining,
modifying or revoking the grievance in whole or in part, and
specifying the relief to be granted the grievant.
j MICROFILMED BY
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'CEOAR RAPIOS•DES 140INES
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DECEMBER, 1980
Page 9
Such grievance procedure shall be non-binding and shall in no
way be construed to limit, affect or diminish the employee's
right to pursue any and all state, local and/or federal
remedies, whether statutory, administrative or
constitutional.
C. City-wide Grievance Committee
1. Structure
The City-wide Grievance Committee shall consist of three
voting members, with the Director of Human Relations sitting
as Chair and ex -officio, non-voting member.
The City Manager will appoint one member.
The grievant shall appoint one member. The first two members
appointed, as above, shall appoint the third member.
All members of said Committee shall be current City
employees.
2. Voting on Decisions Arising from Hearings
Majority vote (two out of three members) must be noted in
written ballot to sustain Committee decisions arising from
grievances.
3. Procedure Before Committee - Step 4
The written grievance shall state the following:
Grievant's name
Department and Division
Job Classification
Statement of Grievance
Summarization of Previous Steps in Grievance
Relief or Resolution Sought by Grievant
Signature of Grievant
A copy of the written decisions and all prior grievance steps
must be attached and become part of the record.
The grievant may obtain representation or legal counsel for
such hearing, provided that said counsel be at grievant's own
expense. The Chairperson of the City-wide Grievance
Committee shall preside at the hearing.
A hearing before the Committee shall not be open to the public
unless a public hearing is requested by the grievant.
Hearings shall be informal, and technical rules of evidence
shall not apply. All due process rights of parties to a
grievance hearing shall be protected.
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CEDAR RAPIDS -DES MOINES
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DECEMBER, 1980
Page 10
All individuals, except witnesses concerned with the
grievance, may appear in person or may designate a represen-
tative to appear in their behalf and present the appropriate
position. Witnesses must appear in person.
The City-wide Grievance Committee shall have the power to
request witnesses. If witnesses are not requested, a
decision may be given on the basis of information available.
If no decision can be given without additional information or
witnesses, the hearing shall be recessed for up to three
working days. When the necessary witnesses or information is
available the parties involved will be notified and the
information or witnesses obtained in a scheduled continuation
of the hearing.
Oral testimony, facts, documents or other materials presented
in hearings must be relevant to the original incident which
gave rise to the grievance. Any evidence, testimony,
documents or materials that do not meet this criteria may be
excluded upon decision of the Chair with majority vote of
members of the Committee. The Committee shall not consider
any materials beyond those presented orally or in writing.
The Committee will make no assumptions of guilt or innocence
of any party to the grievance, but will be guided solely in
the decision by the facts presented at the hearing; and
decisions will be determined from all the evidence presented
on the record as a whole.
The results of the hearing will be given in writing to all
parties involved, to the City Manager and to the affected
department and division heads.
Any action taken by the City-wide Grievance Committee shall
be considered a class action, and no punitive recourse shall
be taken by supervisors, department or division heads.
THERE WILL BE NO RETALIATION FOR FILING A GRIEVANCE; and any such retaliation
may be the subject for grievance hereunder.
MICROFILMED BY
'JORM MICROLAB
.CEDAR RAPIDS -DES MOINES
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DRAFT
AFFIRMATIVE ACTION TASK FORCE
RECOMMENDATIONS TO CITY COUNCIL
1. One-time Review of Plan:
The Affirmative Action Task Force shall be reconstituted for a one-
time review of the Affirmative Action Plan, such review to be carried
out no later than eighteen (18) months after the City Council's
adoption of the Affirmative Action Policy.
The Task Force shall review said Plan as it relates to the intent of
the Policy, and shall submit a Report to the City Manager pursuant to
such review.
2. Human Rights Ordinance:
The Iowa City Human Rights Ordinance shall be amended to allow City
employees the option of filing a complaint before the local Human
Rights Commission; or alternatively, that said Ordinance he
clarified so that City employees are not misled as to unavailability
of filing with the local Commission.
3. Recruitment Funds:
In order to provide for the increased expenses of recruitment, which
will include advertisement in minority publications and journals and
outreach efforts made by staff, it is recommended that a special
recruitment fund be created for use by all City departments. The
fund will be administered by the Human Relations Department, and will
assure that efforts are made above and beyond traditional employment
procedures.
i MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
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'City Of Iowa Cit.
�- MEMORANDUM
Date: January 8, 1981
To: City Council
From: Bette Meisel, Senior Center Coordinator
Re: Snow Removal Services for Elderly and Handicapped
On November 6, 1979, Council passed an ordinance - Ordinance No. 79-2979 -
amending Ordinance No. 2550 Article V Sidewalk Division and Ice and Snow
Removal. Under Section 21-123 Directors Rule-making Authority it reads:
A. The director may make, amend, revoke and enforce reasonable and necessary
rules and regulations, governing but not limited to:
1. Special snow removal services for the elderly and handicapped.
The City then informed the public that we would "provide snow removal services
at a reduced fee for physically limited or physically impaired persons who live
in single-family dwellings as owner/occupant." This service was only available
if the person was the sole occupant and had no able-bodied person available to
perform the service. The service was free to low-income people.
Two snowthrowers were purchased for the service. It was coordinated and staffed
by City employees whose positions were eliminated in FY81. HACAP provided
$2,000 to aid in the funding of this project.
This fall, Elderly Services Agency was awarded two chore related grants. The
first, $10,000 of County revenue sharing funds, will be used to purchase a
reliable truck and chore service equipment. The second, $5,000 from HACAP, will
be used to hire a half-time chore service coordinator. This person will be
responsible for recruiting chore workers, screening, training and supervising
them. In additionthe person will handle all transactions relating to this
service: referrals, records, finances.
The agency will serve all elderly and handicapped people who live in single
dwelling units, whether owner or renter, and have no able-bodied person on the
premise or nearby able to perform the service. They will use HACAP income
guidelines as to charges. Below a certain income there'would be no charge. A
sliding scale will be used for those above the minimum income guidelines with
client reimbursement based on a portion of the $4.00 an hour fee paid to the
workers.
The service would include sidewalks, most frequently used entry walk and
driveway if appropriate.
The agency has requested that the City contract their HACAP funds with the
agency for this service. The Elderly Services Agency will provide the City with
weekly figures as to how many city residents are served and at what
reimbursement rate. The agency will also contact University Heights,
Coralville, and the County to inquire as to whether they would also like to
subcontract with the agency for their residents.
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CEDAR RAPIDS -DES MOINES
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Elderly Services Agency will use the City's HACAP funds to serve those elderly
or handicapped who meet the HACAP income guidelines. Those who are elderly but
can afford to make a partial payment, based on a sliding scale, will be handled
separately. Their portion of the cost to remove snow will be treated as a
donation to the agency. The City will assist with the remainder of the charge
where necessary.
As the County has still not had a public hearing regarding the exact amount and
distribution of its revenue sharing funds, it appears that Elderly Services
Agency will not acquire the funds until the first of the year. It therefore
requests the use for the winter of one of the trucks we had planned to auction
off. The agency will return it after it receives the County funds and purchases
a vehicle of its own. The agency also requested a list of persons qualifying
under City guidelines for free refuse service who would thus be eligible for
free snow removal service. Finally, the agency has asked to borrow the two
snowblowers which were purchased specifically for this program.
If we agree that whenever possible the City should encourage and support the
efforts of community agencies to provide necessary human services, then it is
far better for the elderly to be served directly by Elderly Services Agency than
for the City to be the lead agency in this service. To avoid fragmentation and
confusion, elderly persons should have one number to call for information,
referral or service. The Elderly Services Agency will be able to call upon the
City if an emergency develops, but with the funds they have obtained and with
the HACAP funds we have been awarded, the agency should be able to coordinate a
reliable and needed service.
tp/sp
MICROFILMED BY
'JORM MICRO_ LAB
CEDAR RAPIDS -DES MOINES
4_'%
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Senior Center Comparison Study - December 29 1980
Study Purpose and Design
The City of Iowa City has undertaken the renovation of the old Post Office
in order to develop a senior citizens center. At the request of the City
Manager, the Senior Center staff contacted the municipal offices of
fifteen Iowa cities in an effort to determine the extent to which other
city governments are supporting senior citizen centers. The fifteen
cities were chosen because the number of elderly compare closely to or
exceeded that of Johnson County's elderly population. The data collected
includes the following: 1) county population of edlerly, age 60 and
older; 2) whether the community has a senior center; 3) whether the senior
center is free-standing or co -located with other offices or businesses; 4)
the amount of space available specifically for elderly programs; 5) the
number of paid staff for senior citizen centers; 6) the amount which the
city contributes towards the operation of the senior citizen centers; 7)
the amount which the city contributes towards capital expenditures for
senior citizen centers.
Analysis of Data
Each community has different factors which have influenced the type and
extent to which centers for the elderly have developed. For this reason,
a standardized comparison is not appropriate. The data indicates that
most cities limit their involvement with programs for the elderly to
housing and transit services. Some cities such as Dubuque have found that
due to a large number of active elderly clubs and church groups, the need
for elderly programs has been privately addressed, and the city's
involvement has been minimal. In Davenport, the city owns the land and
building, and leases it for the elderly's use for $1 per year. However,
the City of Davenport was unable to give the market value of this in-kind
contribution. In Mason City, the city has been able to contribute to the
operational costs of a Senior Center because the city leases an old school
building for $1. In addition, the eldery themselves have contributed
$20,000 to the operational budget, and helped to renovate the building.
CDBG funds in varying amounts have been used to purchase and/or renovate
buildings in Ottumwa, Des Moines, Sioux City, Cedar Rapids, Ames, and
Davenport. The cities' commitment to the repair and maintenance of the
facilities varies considerably. Some facilities are shared with other
citizen groups, so that CDBG funds have not been applied strictly for
elderly facilities.
Some operating budgets are also shared with other citizen groups. Des
Moines, for example, allocated $120,000 for special programming for the
elderly and handicapped. Any city contribution toward recreational
programming for the elderly has been included under the operational
funding data.
Volunteer and senior citizen assistance in staffing programs appears to be
extensive and necessary due to limited budgets.
qg
MICROFILMED BY
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CEDAR RAPIDS•DES MOINES
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Summary
The comparison study indicates that most cities have limited their
financial support for services for the elderly to housing and transit.
Any significant involvement with senior centers has been through CDBG
funding for the purchase and renovation of buildings. This has occurred
in 40% of the cities surveyed.
While many programs identify themselves as multi-purpose senior centers,
none fit the National Institute of Senior Centers' definition for senior
centers which includes permanent co -location of direct service agencies
serving the elderly. Most centers are congregate meal sites with
activities and scheduled services built around that core service. The
Senior Center in Iowa City is unique in Iowa, and similar to multi-purpose
senior center models endorsed by NISC. Our senior center is particularly
unique in terms of the substantial commitment made by the City Council for
the building renovation and ongoing operational support. This fact was
consistently recognized by the senior centers that we contacted.
�. MICROFILMED BY
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CEDAR RAPIDS -DES -MOINES
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Location Pop. 60+
Dubuque 13,800
City: Dubuque
Des Moines 8,500
City: Burlington
Pottowattamie 13,100
City:, Council
Bluffs
Wapello 9,300
City: Ottumwa
Lee 7,800
City: Keokuk
Ft. Madison
Cerro Gordo 8,900
City: Mason City
Ind.
Sr. Ctr.. Facility Co -location
Yes No Salvation Army
Yes Yes
No --
Yes Yes
Yes Yes
No -
Yes Yes
s'
i
Location Pop. 60+
Dubuque 13,800
City: Dubuque
Des Moines 8,500
City: Burlington
Pottowattamie 13,100
City:, Council
Bluffs
Wapello 9,300
City: Ottumwa
Lee 7,800
City: Keokuk
Ft. Madison
Cerro Gordo 8,900
City: Mason City
Ind.
Sr. Ctr.. Facility Co -location
Yes No Salvation Army
Yes Yes
No --
Yes Yes
Yes Yes
No -
Yes Yes
s'
Army offices
CAP Offices 3 2 floor State, No
clothing fed. &
Parks & Rec.
offices on 2nd
floor
store county
...
-- -- City 40,000 of
does not CDBG funds
plan to available
fund
? 1) 1 floor 0 100,000
4,284 sq.ft, funded as CDBG
2) 2nd Cong. Meal
floor unde- site by
veloped AAR
? Old retail county - No
bldg. 13,000 County
city - 0 purchased
-- Looking -- bldg.--
into it County has
$50,000 for
purchase of
bldg.
3 Gym, base- City -1/3 Old Seniors
ment & 1st utilities school renovated
floor maint. & bldg. bldg.
custodian leased to
$30,000 city for
op. county $1
wy, $10,000
elderly -
4� $20,000
j MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
Op. Capital
Staffing
Space
Funds Fund
Etc.
Director
1) 1 lg.
31,700 No
1. City funds
(paid by
room + other
City
Project Concern
City)
space as
2. 28 Sr.
needed
citizen organ.
2) Salvation
in City -churches -
Army offices
CAP Offices 3 2 floor State, No
clothing fed. &
Parks & Rec.
offices on 2nd
floor
store county
...
-- -- City 40,000 of
does not CDBG funds
plan to available
fund
? 1) 1 floor 0 100,000
4,284 sq.ft, funded as CDBG
2) 2nd Cong. Meal
floor unde- site by
veloped AAR
? Old retail county - No
bldg. 13,000 County
city - 0 purchased
-- Looking -- bldg.--
into it County has
$50,000 for
purchase of
bldg.
3 Gym, base- City -1/3 Old Seniors
ment & 1st utilities school renovated
floor maint. & bldg. bldg.
custodian leased to
$30,000 city for
op. county $1
wy, $10,000
elderly -
4� $20,000
j MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
Ind.
Op. Capital
Location
Pop. 60+
Sr. Ctr.
Facility
Co-location Staffing
Space
Funds
Fund
Etc.
Marshall
7,500
Yes
Yes
1st floor - non- 2's
Lounge,
City pays
City purchased
City:
profit h-day drop-in
dining
for
old VFW bldg.
Marshalltown
center; 2nd floor -
area
repairs &
Cong. Meal site -
snow
d
CoA offices
removal
Black Hawk
19,100
Yes
No
3
1 lg. room,
City - 0
City - 0
Community
City: Waterloo
kitchen,
center in
3
sewing
minority com-
''
'1
City: Cedar Falls
room
City -
utilities
munity - 2
rooms for
elderly
Webster
8,800
Yes
No
Apartment - 1
3 rooms for
City -
City - 0
City: Ft,
no age requirement
socializa-
15,000
Dodge
tion & rec-
reation
Woodbury
18 000
Yes
Yes
No 2
1 story &
City - 0
1,350,000
City, bought*.
2a.
City: Sioux
(10,788 in
basement;
AAA -
CDBG
old Blue Cross
'
.City
City)
very large
25,000
bldg. rent to
space
county -
Center Bd. for
20,000
$1 - 20 yr.
membership
contract
9,000 con-
tributions
Linn
22,400
Yes
1 elderly
1) City Rec. 6
18,780 sq.
City -
City owns
City: Cedar
Rec. Ctr.
Dept. offices
ft. in 3
$59,250
3 recreation
Rapids
& community
centers
centers;
5,000
rec. ctr.
CDBG; $1
million
2) Comm. Rec.Ctr.
- time -
Czech
3) Juvenile Court
$19,000 -
Witwer
& probation, handi-
Ctr.
capped services
Scott
19,600
Yes
No
2 floors of 2h
1) 3 floors
13,571
City -
City leases
City:
(15,000 in
low income
(2 are below
$650,000
bldg. includ-
Davenport
City)
elderly & CASI
street level)
CDBG
ing Utilities
offices
for $2
2) Large old
City owns the
home
land
i;
is
_I
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MICROFILMED BY
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'CEDAR
RAPIDS•DES MOINES
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Location Pop. 60+
Story 7,700
City: Ames
Polk 42,900
City: Des Moines
Clinton 9,800
City: Clinton
Johnson *,900
City: Iowa City
Ind.
Op.
Capital
Sr. Ctr. Facility
Co -location
Staffing
Space
Funds
Fund
Etc.
Yes Yes
Located in
5
2 Centers:
$25,000
Used
Volunteers
4 -story hotel;
1) 5200 sq.
from CDBG
remodeled the
shares space
ft. in old
to pur-
Sr. Ctr. in
with 40 apts.
school;
chase &
the hotel
for elderly, knit
2) 400 sq. ft.
renovate
shop, furniture
the school
store, beauty
&
barber shop,
RSVP program
Yes Sr. Ctr.
Community
At each
4 community
$218,000 $125,000
$120,000/
Yes
Centers -
Community
centers
$218,000
neighborhood
Center:
1 Sr. Center
operating
planning
5-6 FT
funds is for
offices &
1-6 PT
special
DSS
Sr. Ctr:
programming
.'
2
for elderly &
Yes
Yes
1 center - Possible bar 5
Yes & restaurant
Yes 7 4
Y
MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
handicapped
2 centers - $17,000 0
1) 2 floors
2) 1 floor
Total:
9,600 sq. ft.
22,430 sq. $109,872 $Ik mill. $20,000 additional
ft. - City CDBG-City paid by City towar
$27,467 $100,000 ESA
- County - County
$90,000
- Title 5
$25,000
- City
$49,000
- Grants
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800
January 9, 1981
NEW TELEPHONE NUMBERS
PRESS RELEASE
Beginning Monday, January 26, 1981, the City of Iowa City will be using the
new phone numbers published in the December 1980 Northwestern Bell Telephone
Directory blue pages (see attached); 354-1800 will no longer be in service.
The public is encouraged to consult the Northwestern Bell directory for the
number of a specific division or individual. Under the new phone system
being installed, calls will no longer be routed through a City switchboard.
However, a City Information Desk may be contacted for divisions and
individuals not listed.
The following frequently called numbers are new:
CITY INFORMATION DESK
356-5000
FIRE ROUTINE BUSINESS
356-5255
POLICE ROUTINE BUSINESS
356-5275
ANIMAL CONTROL & LICENSING
356-5295
PARKS & RECREATION DEPARTMENT
356-5100
TRANSIT SYSTEM
356-5151
WATER -SEWER SERVICE & BILLING
356-5066
WATER EMERGENCY CALLS
356-5166
SEWER TROUBLE CALLS
356-5177
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CEDAR RAPIDS•DES 1401NES
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Note: The following numbers will no longer be in service: 354-
1800 (main City number), 338-5493 (Recreation Center), 351-6336
(Transit), and 337-9617 (formerly associated with Fire emergency
calls, now on the 911 system). 911 will continue to be used for
Police and Fire Emergency.
The Northwestern Bell directory also lists numbers for various
administrative offices, housing and inspection services and numerous other
divisions and individuals. Again, the City requests that callers check the
Northwestern Bell blue pages for a specific number.
MICROFILMED BY
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CEDAR RAPIDS•DES I40INES
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0'' new
�elephone
numbersl-26.81
- IOWAUTVCITVOF-
ADMINISTRATIVE OFFICES
OkCenter/l0EWrAnIm
abaorN --3S6-5040
"Council 356.5010
CN7MansBer, •356.5010
AeafsantCMi Manager -356.5013
avil Righbswei,liet 356.5071
El:RRI So,,ta 3I6-SO4
LNWD el,HMK DeNmmWt-356.5013
r�nnnneelO1Na 756.502
Television Speci,list•C,6Ie -356.5046
AIRPORT MUNICIPAL.
AirwManage, Hw•716S-•• 356.5045
ANIMAL CONTROL & LICENSING
i 1111Grenoo -356.5795
CITYASSESSORCWrtHouse-•-- 336-1731.
FINANCEDEPARTMENTDdcCente 356.3030
•
Pricing Seat" ms-
Cslit,lStratlamp
&,es stari6Ce0itd 356.5040
D*"NStrod"
'.'._lottinx 6Du0u,K 316-5095
3S6.5076
MKetae/,ir 356•S01S
"
3S6 Still � WSeService A Billing- 336•SO66
Sewee TreWtrCe1b71Norrrs- 3fMS177
WaWgmgKKTCelb24HW S .
376.5166
�FML•EM MKVOIILV -111
FIRE DEPARTMENT•ROOTINE
SUSINESS Odccom, 356.5155
*Cww SYIG&iNS�ECiMII SLRYICEf3S6•S170
--•- 356.517/
Housing Assistance Payments
W�r1 P+
NNreLtleR seeelLO- 756.5135
[ANI" _356-5111'
.
1Pk. h.1g 356.6116 '
356.5176
... ll/ RYRA ZIFARSACm%I7LIC :.. 356-SUS
:. 11 RANY3131ECdHppee JS6.1764
FAARS>KATTON ,
,.•.RDEPie6tbisdnhrf7756u0M-336-sIM
Cemetery•Forestry Division
0Non4Cemelery10M Brnm- 356-SIDS
Dlrlttw Of Prb & Recreation- 356.5111
atY hrF VrS Ro ft i:. . 370.7615
o ; Meear►MY kNMep SSP31M •.
•�ReewNenCMrM•- ]56•3IM
- PUNNING&PROGRAM
OEVELOIN INTDiFF
....371EWeRiMFbnA-- ---^356•/156
civniewnRed elo ..•]56.1710
XCIIae'6 R,NvelI6e.gmenl .. 7111111
`JItORCeRtR1,M1gMNNenu•7N•all
iCEIN11pre,Ilainal WNMnIMg 756•/561
J00011",NM,,ggM,e,rrttalm"Melning 756.1 1 ..
POLKE•IMirloCTONIY 111
i FouaarAlltMtlrr-
PollAca,Records
seDivision 733166..3317173
1UMRWMSDVARfM6Ni 1
356.5156
Enillmsee�g - ••• •. 336.5140
-,L,n111n M1 •• 351.0765
PONetionCOnlrol Plant -
:. <-.. IODOSOimon............... ........ ....356.5170
` Sewer Trouble C4II6-141 Hours-- 356.5177
Street; & Refuse Collection 5"Of
TralliclMSM/17005U..•'.•.••. 376•S6N
ninl SoHeBo-N.. -
356.119
Walfrimirgencerelb111NDum356.5156
Water-SewerServlce &
cmccemt•••••••• .... ....... ,.... 356•SOA
Water Treatment Plant Wme,1mr
: lM,6on7MNM,6Mn••••••.......... 356.5156 '
•SERVICES AND DIVISIONS NOT 6F9
LISTED ABOVE DIAL ••- 356•SODO
MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
�1
i;
A quarterijlnewifeMer of fhe SFdfe of Iowa; Office for Planning cod Prming
Volume 2 „N;kr ■;,/Jan: 1981
S umber 1
INDUSTRIAL
REVENUEBONDS:
SETTING LOCAL POLICIES
Industrial revenue bonds (IRBs),
which are tax exempt securities
issued by slate and local govern-
ments to finance commerclal ven-
tures, are experiencing a virtual ex•
plosion in popularity. A recent study
by the Congressional Budget Office
shows that more than $7 billion Ir in•
dustrial revenue bonds have been
Issued in FY 80, This lepresents an
increase of more than 300% in the
last year alone for such issues. While
recent figures for IRB issues by cities
in Iowa are not available, It is ex-
pected that Iowa figures parallel the
national trends.
For local officials in Iowa it is some-
imes a difficult and complex task to
letermine whether or not to allow an
nduslrial revenue bond Issue. In
lears past it was much easier for local
rfficials to deal with this problem since
HBs were restricted to aiding new or
xpanding industries. Now, however,
iBs can be Issued for a great variety
if purposes. A partial listing of legisia-
vely enabled uses of IRBs Include:
ommercial, industrial and residential
rojecls in urban renewal areas;
uildings owned by the Board of Re -
ants; pollution control equipment; in-
istrial properties generally; begin-
-ng businesses; medical facilities;
id college and university projects.
response to the IRB dilemma, Mel
ty of Iowa City has established a set
of policies governing the Issuance of
such bonds which might prove to be
useful to other local officials in Iowa,
Among the policies the Iowa CttyClty
Council has adopted for commercial
issues are:
IRBs issued by the city shall be
used to leverage new commit-
ments to downtown rede-
velopment;
■ The city may require that appli-
cants make a substantial good
faith effort to obtain conventional
financing;
■ The local aggregate amount of
Bs outstanding at any one time
shall not exceed for commercial
and residential projects 50/a of the
total assessed valuation of Iowa
City;
■ The city will evaluate applications
for IRBs to ensure that public pur-
poses are being served; and
■ The applicant shall assume all
legal and administrative costs In-
curred in the Issuance of the bond.
Cities Interested in obtaining a packet
of information on this subject may
contact Rosemary Vitosh, Finance
Director, City of Iowa City, Civic Cen-
ter, Iowa City, IA 52240, telephone
319/354.18o0.
rho City of Vas Morrlas hos nulhunzed lha rs8ualre0o1 E7 4 mora m llins to land n path,y r(rrrf
relJd sfruolure associated with the Malnall Hotel, coral to ha rixnpleled m dnwahnvn o,;
Moines.
MICROFILMED BY
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CEDAR RAPIDS -DES MOINES
50
—I
�y
WILL J. HAYEK
JOHN W.HAYEK
C. PETER HAYEK
C. JOSEPH HOLLAND
HAYEK, HAYEK & HAYEK
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 52240
January 6, 1981
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mayor and Members of the Council:
At this time I would like to indicate to you my
intention to resign as City Attorney. I do so with
considerable reluctance because of my long association
with the City of Iowa City. I served as special counsel
for urban renewal matters from August of 1970 until
January of 1974 and as City Attorney from January of
1974 until the present. However, after giving the
matter considerable thought I have concluded that my
resignation is necessary. I need to be able to devote
more time to my private law practice. I think that this
action should be taken now rather than later in order to
avoid unnecessarily delaying consideration of Iowa City's
proposed new zoning ordinance.
AREA CODE 319
337.9606
I would like to suggest that my resignation be
effective April 1, 1981. Hopefully this will give the
Council time to make its selection of a new City Attorney
before the effective date of the resignation. If this
date does not turn out to be satisfactory, I would certainly
consider an extension of the effective date if you wish.
Also, at your discretion and at the discretion of my
replacement, I would certainly be happy to continue working
on the several cases that I am in the process of handling
for the City. It may be difficult for a new City Attorney
to take over those cases in midstream and I would be happy
to continue my handling of those cases until they are com-
pleted. I do believe the transition time will be made
easier by the fact that we have three able assistant city
attorneys on staff at this time. They will be able to
assist a new City Attorney in becoming familiar with the
job and of course I will be happy to do all I can to assist
too.
I have enjoyed the excellent support and cooperation
of this City Council. It has been a real pleasure working
5/
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
I 1
i The Honorable Mayor and
City Council of Iowa City - 2 - January 6, 1981
i
for you. The citizens of Iowa City are, I think, most
fortunate in having an honest, hard-working, and dedicated
City government. I have very much enjoyed my association
with that City government over the years and look forward
to continued contacts in the future with the City Council
and City staff.
i
Very truly yours,
Joh W. Hayek
JWH:vb
MICROFILMED BY
IJORM MICROLAB'
CEDAR RAPIDS•DES-MOINES „
� �JAN6o19'01
ASBIE STOLFUS
CITY CLERK
5�/
1",
City of Iowa Ci ';0- �°""�
MEMORANDUM
Date: January 2, 1981
To: City Council
From: Assistant City Manager
Re: Cancellation of Informal Meeting
Please note that there is no informal Council meeting scheduled for
January 5, 1981.
bj5/2 _
j MICROFILMED BY
'JORM MICROLAB
CEDAR RAPIDS -DES MOINES
5a_