HomeMy WebLinkAbout1976-01-06 Info PacketSty of.Iowa Cit•
Ulm
DATE: January 2,:1976
TO: City Council
FROM: City Manage
RE: University Heights Contract
The contractual financial arrangement frith University Heights has been
unsatisfactory for some time. This problem now is exacerbated by Iowa
City's own financial situation.
ltihy should Iowa City provide municipal services to residents of another
community unless some financial advantage accrues to Iowa; City residents?_'
While there may be an argument for a good neighbor policy, such e policy
should provide only for emergency situations and not extend into,perpetuity
Opportunities have arisen in the past for University Heights to resolve the
problem. For example, some years ago University.Heights elected resolve
ve annex
-to Iowa Ci PP
�' Again, this year, when it was apparent that the cost of services -
tad raised considerably, University Heights elected not to raise additional
taxes However, even since that action, Iowa City made a:$3,994.54 adjust-
ment on the account which was in dispute with the hope that such positive
direction trould facilitate negotiations. Enclosed:is correspondence from
the former Director of Finance irhich provides additional insight.
After-the-joint meeting with the University Heights, City Council in September,
Iowa City was ober, ed Iowa CE University 1loights was preparing,a counter pro-
posal In October, Iowa City received a payment from University HeighcPro-
the amount of yea1,SOO; which represented the same quarterly payment as for`
the previous year. }Vithin the'past week, University Heights .submitted a
quarterly payment together with an additional sono for the eightsrsu
quarter which,
if annualized, will total $104,764, this being the, amount provided for in the
Iowa City revenue budget for the current fiscal year.. The; previous: annual `-
Payment was $89,282.61.
The increased amount is predicated upon the formula contained in the contract
and does not, in the opinion of Iowa City, represent the value of services
provided to University Heights. It is.estimated that in FY '1976 the vices. f
services provided will be $171,114.
The City DIanager and the City Attorney recently reviewed the status of this
problem. There appear to be two viable alternatives:
1. Continue to negotiate for more equitable financial arrangements.
2. Discontinue all services effective Dec
for any serviceember-31,-1977, and collect:
for whicht
in the contract. payment is not currently provided+for
It appears that University Heights
community. Thereforethe cannot be considered:a financially viable
, community's only hope is to move as slowly as
Possible from the present contractual arrangement with -;Iowa; City. Change
will be costly and will gradually move University: Heights to demise.,tT]ie-
slow process will remain financially disadvantageous for the residents o£...`
N&al Berlin, University Heights Contract
City Manager
9/16/75 As a result of the -joint meeting between the City of Iowa City. Council
and the City'of UniversityHeights.Council on September 4, 1975;'.I -would
like to make the following -observations and co=. eats.
First of all,;I was surprised at the obvious difference of opinion between
members of the University Heights Council. For instance,.I heard Mayor
Belgum talking realistically; about the problems faced by University
Heights and the rec6,nition that `
P , probably, his co:,cnunity may not be _
financially viable. = On the other hand, Councilman ter Hear- indicated
that, if possible„ his constituency would favor a=levy of' -60 mills
just to maintain what be envisions as a responsive form of_government.
This kind of'division`is not going; to be, productive in negotiating a
reasonablecontract -as far asIowa_City-residentsare concerned."
It is more obvious than ever that the contract arrangements with Iowa
City have allowed University Heights to avoid the kind of hard municipal
resource allocation required of cities all across the country in,
the last few years.-'- Since they have not been faced with the hard'
i choices .that other communities have, and since they have not had t6
fully allocate all of the other resources that have been made available
to cities in the last; few years, they, have no appreciation for the
position of the Iowa City Council.. 'Surely it would have been much to
I everyone's satisfaction to have been able to allocate general revenue
sharing, state municipal assistance, ,and liquor profits to the reduction
of property taxes in Iowa City, rather than to continueladding these to
the property taxes being collected in order to provide for 'the delivery
of phasic services. Furthermore, the assertion that Iow-a-City benefits -
1 because'of the payments from University Heights residents in our revenue
sharing'fornula is absolutely false; however, it 'does give an indicatioa
of the 'depth of the advice that has been gives to them.
j.
Therelis no question that tine City of University Heights can not afford
n payment to Iowa City in the amount of'$170,000 plias per year. -'In my -
opinion, it would be passible for theca to raisecenly an additional
j three, mills over the 30 millsli-nit consisting of one mill for emergency
purposes, and two mills for mass, transit. Beyond that,,it'is, not -possible
for them to .npproar_h an equitable cost distribution in the proposed contract:
by the use of other sources such as general revenue sharing.- With that
in mind, and in consideration of Che before mentioned, I'think the
following steps should be undertaken:
1. The City, has budgeted approximately $101;900 to he received
from -.University Faiphts durliLg FY.76. The`City of University _
`i
WILL J. HAYEK - HAYEK, HAYEK &:-HAYEK:
_ JOHN W. HAYEK - .ATTORNEYS AT LAW
C. PETER HAYEK - ItO EAST. WASHINGTON STREET - - AREA CODE 319
- - IOWA CITY, IOWA 52240 - - -. 337.9606 -
December 30,-1975
- The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Assistant City Attorney Appointment
Mayor and Council Members:
On September 16, 1975, the City Council passed a resolution
authorizing the employment of a third assistant city attorney to work in
the City's legal department. The City Council authorized this appoint-
ment in order to provide additional staff so that the legaldepartmentcould properly fulfill its responsibilities to the City and the community. -
That resolution, Resolution No, 75-339, authorized me to employ
this attorney subject to the approval of the City Council as. provided by .
law. I am pleased to report to you at this time that I have employed
Angela M. Ryan, 818 Keswick Street, Iowa City, as an assistant Iowa
City attorneybeginningin June, 1976, pursuant to this authorization
and subject to your approval, Ms. Ryan was selected after the
availability of this position had been extensively publicized and after
reviewing a large number of applications.
Ms. Ryan is a third -year student at the University of Iowa College
of Law. She has agreed to work for the City commencing immediately on
a clerkship basis until she takes the Iowa bar examinations in June. She
will work approximately ten hours per week for the City and will be paid,
unless there is objection, at the rate of $3. 00 per hour for `her work
which appears to be the going rate for lawclerks at this time: Since it
is obviously necessary for Ms. Ryan to pass the Iowa -bar 'in June, her
work schedule will be lightened considerably in the
bar examinations. month preceding the
The City Code provides that the City Council shall establish the
compensation of the City Attorney and assistant city attorneys. Resolution
No. -75-339 authorized me to employ an assistant city attorney within the
a,197(�.D
ABBIE STOLFUS'
CITY CLERK
City of Iowa Ci4�
MEMOR- ANB IJNi
CITY OF IOWA CITY
SOURCE S APPLICATION :OF FUNDS
AS OF
12/15/75
:
ESTIMATED
FEDERAL
GENERAL
SPECIAL
OPERATION Si
COST
GRANTS
REVENUE
SHARING
STATE
MUNICIPAL',:
-MAINTENANCE
Additional Staff:
.-
GRANT
ASSISTANCE
BUDGET
Legal Division,
$ 7.500
$
$
$
$
Human Relations Department
4,157
$ 7,500
School Crossing Guard'
1,900
4,157
Bicentennial Week1,900
1,500
Bus -System "(Benton-Wardway)
171,162***_
--_--
- 48,833
500
1000* -'
,
Landfill Equipment
15,000
122,329
Library Study -
14,200
14,200
15,000
National Endowment -City Spirit
21,966
10,983
10,983**
Parks Tree Trimming
15,000 -
15,000
Special Populations Involvement
17,000-
9,000
Tornado Warning System _ -
70,000
35,000
50000
3,000
Policewomen's Locker Room
15,000 -
10,000
35,000
5,000
$354,385
45 983
$97,033
$11,483
162,329
$37:557
*Corresponding reduction to expenditure
level"of
the Boards b Commissions
**Comprehensive Employment Training
Act
***Receipt adjustment to offset 25C
fare and Benton-Wardway
route
„
4
--TO: City Council
=I. t� CrvIC CFATER. <fnE WASNIhGTON SL
,I.1 a C/ ro ve cm. iG vA 52
319-354-1BOO -
Feundtd 73?7
- December. 24, 1975 -
Mr. John W. Hayek - _ -
City Attorney
Hayek, Hayek 6 Hayek -
110 East Washington St.
'
Iowa City, Iowa 52240 - - -
- Robert A. Vevera -
Dear John:
You have asked me for an opinion as
to whether Mr. Robert A. Vevera is.
_presently.an employee of the City of Iowa City, Iowa.:'. For reasons .stated
below, I believe that this is a�close and difficult question, for which
- -- judicial determination should bea-sought. -
Briefly, the facts are these: Mr. Vevera began his employment with the
city on February 1, 1962, when he was hired as a police officer. On
October 1, 1967, he was promoted to the rank of sergeant. On May 19,
1975, he struck %Ir. David G Epstein, then ,the Director of Publi
for which assault and battery he was disc Safety,
-missed on:taay.20,.:1975,�by
Mr. Epstein. This dismissal was affirmed by. Mr. Neal Berlin,: .City Manager,
on t•Tay 28,- 1975. On July 15, 1975, a public hearing on ale dismissal `i•�as
held'before the iowa. C.i.ty Civil Service Commission. ThetCommission rendered
Police Degart.ment; but its decision on July t 1975, in.which it-discharga3 :-'.r.7Vevc,.a from the
placed him on a leave of,absl nee without pay for-
, _ approximately -fourteen (14) months, so that he would be- able. -toreceiv;:,his'
-- pension.-Nei.therthe -City nor -Mr. -.Veveraappealed . the .-decisionwithi.nthe
thirty (30)day period allowed in400.27,-1975 Code of To --
Mr. Vevera T:•as (:larged with misconduct. The 400.3.8, 1975 :Code of Iowa,
provides as follows:
1,70 Person holding civil service rights -.as provided in�.this
chapter .shall be :moved,. demoted, or suspended arbitrarily,
except as gthervi.(:c provided -.in this chapter, but ;n:.y`-be
- ..removed, =demoted, or suspended after 'a-lcaring by..a majority_ -
vote Of the civil scrvi.ce commission,' for. � neglect' , of duty, . -
-
disobedience, misconduct, or failure perform -his
- dut.ics.
r
.. ..: t ..
Nr. Sohn Hayek _• _ - • _
-2 December 24, 1975
There is a -question in my mind as to whether the Civil Service Commission
Possessed the authority to place Mr. Vevera on a leave of absence without
pay. However, it .is clear that the Commission does have the authority ;to
suspend persons. Of course, a suspension would'. be without pay. :--_-It is
difficult to establishthe exact meaning of the Commission's order.
Nr. Vevera "is discharged" in the terms of the order, but that discharge.is
not to take effect until after a leave of absence without - pay, of approxi-
mately fourteen (14) months... -
Perhaps it should be considered that placing Mr. Vevera on a leave of absence
without pay is tantamount to suspending him. The City personnel rules pro-
vide that receiving a leave of absence without pay is a privilege'that-may be
accorded to. an employee; for example, an employee night be given -
leave. of absence without pay to seek aid for a -drinking. -problem. .athree month
A suspension
is a period of time during which the employee cannot works and is not entitled
'^ pay, and is usually imposed for some sort of misbehavior. Either way, the
net effect is similar. - Interpreting the order of the Commission
`so as to give
it a'reasonable construction upholding its :validity, I'would construe the order;,—
to mean that Nr. Vevera is suspended for a period, at the end of which period
ha is discharged.
If, on the other hand, the Commission did not really attempt to suspend
Nr. Vevera, but rather to actually place him on a:l.cave of absence without
_Pay, .then I- believe the attempt must fail because: (1) the -Commission -had
-
no statutory authority to place a person on a leaveofabsence'without:pay,
and (2) the procedures outlined in the personnel rules for granting a -;leave of
absencewithout pay were note followed See..Iowa-City personnel -Rules, Leaves
and Related Personnel Practices, -(C)(2), -pages 19-20 (paperboundIedition). -
My guess is that a court Would attempt to give the -order -a construction that
would render it valid, . and would thus hold that the Commission suspended.,
Mr. Vevera. -
If Mr. Veveia is presently under suspension and not yet dischar.9e3,- then he
Cf still an x relfce of the City and' -clearly cannot be a me bar of'..the-Council.
Cf., Stateexrel- Cra•.ofordw.-An9eraon, 155 Iowa 7.71, 272, .13G N.W. 128 (]912)
It would appear.' that .-if Mr. Vevrra accepts the office of councilmembe128
_..vacates any status he may l:avc as a city crnr, lie
p).oyee. Id. .See a7.soA_A.G.y-
of-ths.arttl Towns(December28, 1973). IL- should also. be noted that '-.the "Char. ter
in Sec City .1 Iowa City, set to become effective on January 1,- 1976, Provides
e Section pjOyA) that "a.Counca7. member may not hold any : other ci.Ly office or
be a cil:y emp)oyce..."
The test ofemployment in Iowa
-is control. The control "should be of such -a
-- .character as to enable him (the employer) to direct Lha manner Of performing the
services and to prescribe what Particular act_; sha.l.i be_doae-in order70 1 to-.accom-
-pliAl the end .:i.nLenled." _Cru;n_v L�-lkur., 241 Io:ra.1173,.44.N.t• or, er,to a3
(t becomes
In asscssi.ng whether Mr. Vevora is presently an erap.loyec-of the City,
i. L- becomes apparent -that- the City really nolothas any colitrol- over -him
:
The City can no longer direct the manner of Performing Mr. vevera's-services
r' iseMr.
theCi Vevera is po_)urger nxpecl_ed to
perform, services for the City.
L)' any parf.i.cular. acta for Mr.. Vev
:� L�vora eo ]ons r rci»rt_s to uork, nor is he n•..# gra to do. _
-e7 e, y as a police o,'fi 0J cL to b2inq called b.ck Lo
cer. Fu r;.h .•:: n -n, lacre is 1-10 C.'12e•Lat:ion Lha L'',}r. Vevera
Mr:` John Hayek -.
• -3- December 7.4
. 1975'
--
will ret to: work at the end of his leave of absence without
be required by the City personnel rules. Sergeant Thomas
appointed after Mr. Vevera-left active work for the Cit as -Crowley, who
would
Crowley, who was
permanent appointment; if Mr. Vevera were expected to re has
would be appropriate tinder the City -personnel -rules to hire Sergeant Crowley `
with the understanding that Mr. Vevera would becoming -back.: - Also
be noted that Mr. Vevera is currently paid no salaryb
Also, -it 'should
with the Human .Relations Departnent-(Personnel) reveals -that the City em
y the City. A check
roster shows a."T".for terminated behind. Nir . Vevera'sn
file shows that hewas "dismissed".from the Police Force -effective May ployee,
name. Also, his; personnel
On ;the other hand, there is some indication that Mr. Vevera may y 19, 1975
City employee. He has not demanded nor has he been paid his accumulated
sion contributions under 411.6 10 Y still ed p
the Pension Fund who ceases to(be)a 1975. Code: of -Iowa- Generally,Pen-
policeman except b a member of
is 1 -fir. Vevera's case, would withdraw his accumulated contributions; his failure
-to do t? y death retirement, as
y.th so permits the inference that he may still be a policeman. A check issued
by ,the city in May, 1.975 to Mr. Vevera for accumulated sick leave and vacation:
route
routinely
aot been cashed as of DecemUer 5, 1975. Such accumulations are
earlier, paid to an employ at the time of termination: Further, as discussed
earlier, I believe a court would 'attempt to construe :the order o£ the Civil
Service Commission in Mr. Vevera's case Lo :uphold its validity. order could reasonably be interpreted e
as Y• If so, placing Mr. Vevera the
be followed by discharge. If Mr..Vevera is currently under suspension, hon suspension, to
ten
he is still an employee.
Related to the problem of the status of Mr.,Vevera's employmentwith the City,
is the problem of his pension. I believe that Mr. Vevera is not entitled to a
Pension, regardless of whether the ;action of the Civil 'Service Commission is
construed as, (a) Placing him on leave Of abs withoutrvlce Colloweion
discharge, (b) suspending him, followed by-encedischarge,
.Section 411.4, 1975 Code of Io:ra, reads in - or:-(c)dischar Y
fling'him.
_ pertinent part as follows: - _
nor shall the board of trustees all
any reow credit as service for
�iod of more than one month duration during which thf
-N-as absent: Without
pay..
This section 'has not been graced with any annotations .in I.C.A., Section 411.4.
During the tine that the Civil Service Commission placed Mr. Vevera on leave
of absence without pay, he would not be bui.ldingcrcdit-.toward tile 15 service.necessary to qualify himfor -a pension under-411.G(C), 1975 Code of
Iowa. And seeYears of
Iowa City Personnel Rules, Leave and Related -:-Personnel Practices,
(C)(2)(e), page 7.0 (PaPerbound edition •
_present status is - ) Thcrefore;_whether Mr.'Vevera's.-
(a) on reeve of absence without pay, (b) under suspension,
or (extent of one he is not ,�ccumulatind credits
the extent ofonemoil th of. -toward a Pension
credit. , except to.
-The central problem with which. we must: deal is whether or not 'Mr. Vevera is
-Presently in the employ of .the City. .If he is not,. then there is. - e -
orche the fact that he has been elected to niembenot' on the.Ce is
schr�7uled to �s;ume Office o problem
hrn his tc air,;}„ n Janua[Y 2, 1375:
TF, however, h and is-
(-I 11-Y P on ;:he Council.�trr.ate - _ _ is an employee,
Y• The acts of a Cif: "�ofs l�Lent:ia.l Problems for the
y ;ray be woad i.f ��c r,;pli :hod t.}'rough officers not,
j Jt,e
tar. John ttayek . -4- December 29, 1975
qualified to sit on the Council. whatever the act may be, it must receiveto
vote prescribed. The vote specified in the applicable -law must --.be obtained the
constitute ,the action valid and binding. iHansen v.- Anthon, 187 -Iowa 51,_54,
173 N.W. 939 (1919)_ For example, if anordi.nance"passed, four votes to. -,three
with 1.1r. Vevera- voting ._."aye"; and -it were -.later determined: that lie was not a _
qualified _Council .:member, -the ordinance would bevoid. Purther, if.a Council
member is an employee of the city, he may besaid--tohave an interest inimatt ers.
before the Council, which might affect his judgment. Ordinarily, an individual
Council member cannot vote on a matter in which he is interested; if he does,,so,;
the action taken by the body of which he is a member is invalidated, at least
if the vote he cast was decisive to the passage of the measure. (Buffington
Wheel Co. V. Burnham; 60 Iowa 493, 496, 15 N.1P. 282 (1883). The rule :of .the
_ Buffington case appears to now be,codified 'as Chapter 362:61-1975.Code of Iowa.
This statutory section appears to be an attempt by the legislature to obviate':
the holding in Wilson -v. -City of Iowa City, 165 N.W. 2d 813 820 (1969
it was _.held _:that the action ofthe council-
wasif avoting.council member
had a conflict of interest, even if`that member's tote was'notdeterminative
Of—•t.he issue. If Mr. Vevera were on the, Council and an employee, there might
be a- numberofmat-ters in which he could be said tohave -an --interest. -
Since the questions surrounding Mr.:Vevera's status have important consequences -
for the validity of the acts of the City, it is my recommendation-that:the City
seek -a judicial determination on the question as to whether he is an employee
of .the City. _.While-Ihave-not investigated the Procedure 't-horoughly,_T:.believe
`
a declaratory judgment action to be the appropriate vehicle for answering the
question. - -
I apologize that Ihave not given you a.more definitive answer to this question._
Sincerely yours,_..- _ _ ,
Robert H. Bowlin
-- - 7,ssistant City Attorney
RHB:mbm r "`
cc: Neal Berlin,.. City Manager
_ Anatolij Rushnir, Asst. City Attorney
■ rd.. Dec; 20, 197
ti"�.. v km o-3 /n (a .� li,
Beverly
Hills finds
it's not
Immune
to money troubles
Ily KENNETH REICH
ulOf In ♦m�ln Tlmn
-
". .,-
HILLS, -. CALIF.
Early Retirements
--- --' -- -
- `"
-BEVERLY
— Beverly.Ilills, a city fabled
-. Several ranking ci(y alaff
' Beverly Hills offers its
erally held view .among the
for Its wealth, is in fiscal
members have, indeed,
citizens a number of services
officials, Councilman Richard
trouble. -
_
recently taken early--retirr1that
are only dreamed of in
A. Slone declared, "I don't
Facing a budget deficit next
mems, or -left for other jobs.
most other .communities —in-
really ( believe we're In, .a
year estimated by- Mayor
Assessments" of where Bev.
eluding heavily subsidized day
crisis, but I thlnk'_we've sud-
Ceorge Slaff at $2.2 million.
erly Hills stands naturally
care for 90 children whose
denly`found- that`the city of
city.;_ officials are.. exploring
vary. It is incorrect, most city
parents earn less than $12,000
Beverly Hills- is? not immune
-
cutbacks in mowing the lawns
I council members insist, to say
a 'year, an extensive senior
from the problems other com-
im thr_community's,hitherto;
that the city is In a fiscal
citizens program for which in-
munities have.
immaculate parks.
; crisis, - because bonded in-
divldual parlicipantsipay only
"We'll just .have to deal
-
T h e y are prof using , to
debledness is low and the
i31, a year, -a (;350,000-a•year
with them," he i said In an
sweep street% and 'Irlm trees•
means are al'hand lo. collect
paramedic program and play -
ihlervicw, "avilh' belt -light-
less often, pare the. already,
substantially "increased Ifeve.
ground recreational programs
slightly reduced t number of
. nues•
that do not begin to, be self.
ening efficiency in the munici-
_ city personnel further and put
But the "five-year curve,"
sustaining.
pal departments,`eutbacks In
such traditional "' municipally,
the long-range projections, are
Expensive Pool
luxuries, and higher taxed'
sponsored activities as lawn
t bowling on a self-sustaining
not good. Beverly Hills will be
i
Morgan told'. the council
-
Compared to'.most -other
`
I basis.
to able, .with some sacrifice.
balance
recently, for example,; that
municipalities .in`' this area,
But city council members'
its; budget next year
and the year, following, but If
only about 1,200. persons use a
al
the Beverly Hills property ,lax
already have been told
resent
munici p swimming pool that
rale tion)i pdr sed
-that
when all the "acceptable"
,. P
a governmental
and 1 inflationary
costs the 0
can
valuation) is ,butthis can
-
cuts are enacted, expenditures
be
:genera
trends continue it is unclear
and from
operate. and from which it: re-
it, re-
alizes only $8,000 in revenue.
leave a deceptive: impression
deceptive impression
because, due to the extremely
'
may reduced by only
&500,000 or, at the - most,
to city officials howit will
Now, The city faces large ex-
-�
high; value' of land in the city
5a txxt.
manage to make ends meet in
nditures to brio the
and ed real estate mar -
Higher Fees? • . -
the long run. '
i Mayor Slaff, who
up to county health standards.
kat there, appraised values by
'county
wrote a
Instead," council'.members are
theassessor are quite
_
The prospect, in short is for
`six-page "memo - to his col-
talking about closing it.
high: °
-
sharply increased \ taxes or
leagues in city government In
'early
'•_General : i n f 1 a t f o nary
In other words, the owner of
special chnrges in commu•
November laying out
trends have hit Beverly Hills
a house in Beverly, Hills may
- -
nity that -. has always' prided
the budgetary _ problems,was
" hard, just -as ° they.;have ""all
be paying more taxes than the,
_
'
itself on its low taxes and its
high quality of municipal
asked recently in an interview'
other segments of society. l
owner of a similar home else-'
services — perhaps $1.25 mil -
about this long-term prospect.
•Federal 'and slale•man-
where, even though the prop -
I f o n in refusq collection
"It's aveiy fair'queslion to
dated procedures, including a
crtyI X rate may -be lower. in
'
charges
charges for what Is now a
pose," he responded, "and
great deal of statistics gather-
Beverly Iiills.
service, g
perhaps higher
don't know the answer. Some.
in have been costingthe cit
City; officials'say, in any
business license fees and per-
how or another, man seems to
more and more mos City
Y• Y
event, that sentiment against
---
haps the maximum per-
adapt,' _ _-�
officials express the view that
tax increasesis probably just
miscible 13 -cent - increase in
Morgan answering . the l
many of the - statistics . they
as strong in Beverly Hills as
the propertyetax rate.
,
same question, said, -- "The,
gather are not -cven"read b
in less affluent communities.,
'
The .1975-76 -Beverly )fill,;
_-
curve forgovernmcnlis`not
those who requested them. - _Y
°q -.
Also, the are.-takin the
Y _ g
. -
'-
budget is $13,971,8.58.- Proj•�good
anywhere."•.In
recent.. years environ..
troubles seriously. andbudget
ected, .this would be about
-
mentally inclined council
planning for the next fiscal
SI8.8 million next year.
Contributing Factors - - --..
members have ado pled severe
year. has begun several
Already, it has been decided
what has gone wrong In Bev-
restrictions on high-rise' build-
months earlier; than .usual to
that parking meter rates will
erly Hills? City officials dif-
Ings, and high-density, apart.
give' time for: lengthy con%id-
---
be doubled after Jan. I for a
fer, but these factors emerge
mints In the city and building
%ration of the Issues involved::
projected annual revenue in.
as either definitely orproba•j
has come to :a: virtual halt
- More such discussion -last
crease of more than $w,ofio.
bly contribuilry:'
along .Wilshire Blvd.,; where
month;' Councilwoman Donna
"Preserve Uniqueness"
• A liberal_ pension plan -
three stories is now the height
Ellman declared, "i 'don't
City Manager. George Mor-
which allows police and fire-
limit in the city.; "
know how important it is for
ganpromises to;;."preserve
men to retire: at age 50 and
: While Staff has insisted that
the city of;Beverly Hills to
- -
those things that make Bever.
all other city employes at age
new buildings cost the city
have its own jail."
iv Hills a, unique community
60 and contains a "widow's
more in money for 'services
"P re s f f g e,',': - resopnded
.
in which to live and shop, to
conlinbance"-' feature giving
than they provide In new Lax
_Councilman Charles Aronberg,
;
keep the characteristics that
widows_ the full benefits as
revenues, others believe the
who:wants to cut backs in
differentiate -. ,Beverly ,: Hills
Jong- as they live -- was
building. restrictions 'are im-
many "areas but; spend :_more
from Los Angeles and other
adopted by the voters_ last
practical and have intensified
on the police department.,
areas in the Los Angeles Ba-
year by an 85 per mar-
the pity's. fiscal troubles. • --.:
..:."I think it may, be time'for
sin."
gin. gin. it stands to cost the city
Not Immune =-
the city of Beverly Hills' to
But a veteran civil servant
at least $500,000 a year, and
Summing up the most gen-
live without prestige," Ellman
in the city; who asked not to
some estimates go as high as
rejoined. "There are .some
h e identified, mused last
$850,000 in the near future.
_-
I things we can't afford any
i
week:
Now council members who
more.",
- "It intrigues me to think of
backed the plan concede that
-:
Beverly Ifills,_;,the garden
its financial implications were
spot, renowned for Its fine
not well understood. And one
style, iia shopping,
and now
member remarked ruefully!
that image will
- melt -away
that city.. officials have - since
like he snow and it will just
become aware lhatpolice di -
lip another city.
vorce-_rates are high,". that
- -
"tlnm you start cutting like
many police `officers marry'
Morgan is, once the lawns are
much younger women and
-
not maintained as well and
that some of the widows may
the: trees aren't trimmed and
survive them by 40 years or
the leaves aren't removed
more.
from the parks and the staff
- -
r - -;• `�'
" is cut, what will happen to the
morale of those employes who
- are left? Maybd-they'll work
-
-
'harder. but maybe they'll say,
"i'To hell with it.'.,
lip
INFORMAL; COUNCILDISCUSSION
JANUARY 5, 1976
1.30 PIM.
The Iowa City City Council met ,in informal session.on the
5th day of January, 1976, 1:30
at P-M- in the Conference Room;;-
at the Civic Center. Councilmembera
present were: Neuhauser;
Vevera, Selzer, deProsse, Foster,, Balmer,;Perret-
Staffinembers
present: Berlin, Stolfus, Hayek, Strabala. Mayor Neuhauser
presiding.
Mayor Neuhauser an the meeting of the ncey Con
Cit
Citfere.
Board in the Council Chambers
of the Civic Center-c00 fere
on January 7, 1976. Council ofoffering to'.attend
were
Selzer, Vevera,,Foster ..-and Neuhauser. if there
,She"asked were:
any questions about the agenda for the 6th. It was suggested'
that on rezoning legal descriptions,
the; location be;a stated'-in
layman's terms, and maps be
explained to the Council.',-.The City
Manager explained'a
new process concerning Staff reports. Zoning
matters will not come to .Council until the'first:time;Council'is'
required to 'take any action on,them:= '
The Mayor pointed out that
Council needed
to discuss the a
Commission, and to, the Planningpandn tomprehensivenPlanning '
gentsning
committee. As Neuhauser's appointment continues,' Council needs
•
to appoint-5 members- deProsse, Peiret,.Vevera will serve] `-
alternates
-
would be Balmer, Foster, and Selzer. Council decided -
to go through the application process
for the two citizen appoint-
ments. For, the Comprehensive Plan it
was decided that Perret,
deProase, and Neuhauser would serve and
report back'-to Council:.
In answer to the-inquiry if there
was a University represents-'-
tive,'the City Manager :noted that hecould'discuss
this ;issue at
his meeting i -omAller
With -George Chambers tomorrow- Council decided to';
Tom
Aller from Cedar Rapids; for: discussion. of ..the
Cedar Rap
Cedar Rapids'Steering Committee;proceas
evening-on:January=.22nd `in thei
Concerning the meeting with Old Capitol Associates for dis-.
cussion of information
on the financial and_-corporate structure.
of the proposal for Plaza Centre I, it
was the coraensus-' of e
Council to not have special meetings with OCA, but to'have:the
discussions
-at_informal session when-.necessary. .The .City Mana-
ger called attention to the fact
that the vote for Mayor-has not
been .released; this has been questioned to
as legality,,and if
the vote was correct. He advised that he and theCity Clerk
were
asking that the total vote:be released., The:' Mayor asked
if anyone did not
want the totals released-' No one spoke.-The
Clerk announced that the
.vote was Neuhauser - 5, deProsse - 2-
Council discussed the operating procedure for-Councii.meet-
ings, including abolishing the aecond_publicf
•
hearing, and=setting „
a time limit `for each citizen's—presentation.
The Mayor`sug—
gested;
'a handout of. the notice. of procedure.' The-consensus
to
was
eliminate the second. public discussion,`and to .try
cedure of notice pro-
,'the
to the City Clerk that�a citizen ;plans -to speak
•
Page 2
council Discussion
January., 5, .1976
on an item "not on the agenda, and to set a five-minute time limit;'
It was also suggested that a calendar of when issues were going
to come up be set up in the lobby.
The _City Manager announced thata person should be named as.':
contact person for`.the City Spirit: Grant ;,group.- Neuhauser offered
to be; the contact_person. Selzer questioned what'. was happening
concerning the ideas he presented previously. Hethat
Council concur, abolish or modify. The City Manager noted that
the most critical ones dealt with the budget, which have -be en:,
reviewed with the Department Heads, and.will.be-included-as part
of their submission'. with
the budget.; There are three categories:
(1) items in the budget, major
program areas, which`.could modify
current level of service or would increase current level`•ofser-
`vice, (2)- changes or additions of service in 5 categories; those.
required by law.(OSHA,:Overtime, Legal), those required., -by a pre -
vious"decision of Council (contract,;Ordinance),'those required
`
to maintain an existing level of service,':(inflation, labor cont.),;
those programs that Department Heads would :like to do and those '_
that do ,not fit in the other categories, (3) how Department Heads.
j•
can operate their departments more efficiently, effectively, and.
,
economically next year. He did:not..askthem to_reduce:.their
--,budgets,-
as they had been asked to do:this,.for the last part
.of
this fiscal year. -- The ,briefing document will be`ead about
three weeks, and any changes from the :bud eta wi
g presented be '
,will
identified. There, will -be two meetings on Management By'Objec=
tives'with Jude West, one with Council,'one',with Staff..:;Athird
and later sessions with Barb Ettleaon and.West will deal with
roles and relationships between'.Council/Manager/Staff/Commission.:-
The Staff was requested to schedule these a's soon as possible.`;
Regarding the University Heights; Contract, the"City;.Manager
called attention to his memo written on Friday_ to.indicate
_the,
current status of`the arrangements, and,the`altern'atives_'he`and
the City Attorney had discussed. He -asked the -present City
Council to reaffirm the 'action 'which ''theManager, vias, directed
_
to take in July, to state that the City of Iowa Ci tywas not'in-
terested in providing services to the City of University Heights
after the expiration of ;the current contract on December'31,:1977`
observations made were: University Heights did not raisetheir ."6;
-tax-levies;.notice
of termination has` -to be?given'prior`toJanu-
ary 31 ;of the year 'prior -to the;year in which the agreement is
to terminate; Iowa'City citizens do not get ,to pick and choose
which services they wish to pay ;for;; the -last annexatiofi'election.f
University Heights was in 1965;'2 concerns of University Heights
control
'do
are over zoning,"and widening :of;Melrose'Avenue;: they.
not for
'
pay any bus services; and if University: Heights does<
not pay on time for,the services, can Iowadrop the contract?;`
z ."
4_ Council Discussion
Page
January 5; 1976
;.
Attorney Bowlin'6 letter. He reviewed action taken when: the
Vevera'discharge was appealed to the -Civil Service:.Commission,
and commented that he thought the Civil Service Commission
had tried to_please both -sides, and pointed out his letter to
the police Pension Board of July 22,„1975. He commented that
we would have to be careful when there are close votes -on im-
portant issues. only when Vevera applies for his pension in
the Civil,
February,' 1977, will the question of -_the viability -of
Service Commission decision become an'iasue. Under Chapter
4116'of the State 'Code ;;a leave of absence can only be,counted
up to one month induration, etc. Hayek noted that Vevera could
attention to personnel
state he is not an' employee. Vevera`;called
rules -and regulations 'on -Page '25 and,posaible conflict with -the .
Charter. He stated that he was sorry. it happened, but hewould
not sign away the right to his pension. A decision from the
-months Council also dis-
Court "could -take from 6 to a, year.
cussed the proposed City payment of counsel for Vevera..
Hayek asked to have time to discuss with Attorney; Bartley.
and.come back with a procedure that will serve to get this mat-
ter "decided in the courts. Heroffered to ;put together ,a pro-
posed petition for declaratory ,=judgment.for..discussion.next .
Tuesday by Council, which would raise all questions that could
clear
•
reasonably be brought up. He -advised that there were `no
it would
legal guidelines :for the ,question of -Council fees, and;
be a policy; question by;:Council if they wanted to pay.the fees
Hayek stated that the Pension Board has the legal funds to.em-
ploy; - their 'own counsel, and the City`Attorney'..although ;he is
'Board, Council
legal adviser to;the`Penaion, , represents the,
majority. 'Although it was his -opinion that Vebera is not an
do;nothing,
employee, he noted that`one alternative could bei o
a suit broughE by '.;private
but until it was _decided :(possibly
citizen --' could cost $2,000 or more) ,;the 'City ,A City a
potential time -bomb. -Hayek cautioned against more questioning.
It' -was the consensus of the 'Council to have the petition fore
declaratory judgment-prepared''and Council will reserve
until consideration of the petition.
judgment on the fee question
Councilman Selzer asked that Information and Referral -and
Uni ed Way,'s'past`and proposed budgeta'be;;forwarded toCouncl-
members, 'After. -discussion it was the consensus of Council that
the:Executive<Board`
- May or-Neuhauser serve as Council's member to
of `the Regional Planning Commission.
It was moved by Selzer and seconded by deProsse to adjourn
for executive session to discussappointments to: theParks an,
Recreation commission and the Board of; Plumbers Examiners.` .Upon
roll call Balmer, deProsse, Poster,!Neuhauser, Perret;'_SelZer,
•
and :Vevera` voted -"aye". Motion carried. Meeting adjourned,.
5:10 P.M.
0,0*6 WO 0 Wo 0 we o o 44%4440- sit o 6,mf o 0: 6, 0