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HomeMy WebLinkAbout1979-06-19 Info Packeti •MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA • 1 City Of IOWA City MEMORANDUM DATE, June 14, 1979 TO: City Council FROM: Cit nager RE: Congressional Action - Communications Enclosed is a copy of Notes from the Cable Television Information Center and an article from Nations sties Wee discussing propose federa legislation which wou�regu ate and remove from cities any authority over cable television. Several weeks ago Bob Pepper discussed this matter with the House staff while in Washington. We are planning another trip to Washington so that Bob can review this matter with the Iowa congressional delegation. In addition, the issue is being discussed with Jim Leach's staff. cc: Broadband Telecommunications Commission MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101MES Q 76 ;MICROFILMED BY JORM MICROLAB "I • CEDAR RAPIDS AND DES MOINES, IOWA �c ..'R "'Y 3 0 1919• NOTES FROM THE CENTER CABLE TELEVISION INFORMATION CENTER, THE URBAN INSTITUTE 2100 M Street, N.W., Washington, D.C. 20037 (202)872-8888 Volume VI, Number 1 May 1979 Congress Considers Three Major Communications Bills Three communications bills, which would affect the regulation of cable television in varying degrees, have been submitted to Congress by the House and Senate Communications Subcommittees. Hearings on these bills have been sche- duled for the next few weeks, but no timetables have been set for passage of the proposed legislation. House 9111 -- Ng local Regulation c= Cable The House of Representatives' bill (H.R. 3333), introduced by communica- tions subcommittee chairman Lionel Van Deerlin (D -CA), would completely replace the Communications Act of 1934. The original draft introduced last summer contained no reference to cable whatsoever; all regulation was left to state and local authorities. The current bill goes even further: regulation of cable television by env governmental authority is prohibited. This prohibition covers all facets of cable television regulation, including broadcast signal carriage, access Chan- nels and services, technical standards, and rates. Another 'provision in H.R. 3333 would alter the broadcast signal carriage rights of cable companies. Cable companies would be required to obtain retransmission consent from either the broadcast station or the holder of the program rights for all signals received by the system. Cable systems now pay a copyright fee for the use of broadcast program- ming. The retransmission consent plan, which was tried by the FCC in the late 1960a and then abandoned as unworkable, would replace the copyright fees. In another mayor shift in com- munications policy, H.A. 3333 permits telephone companies to build and operate cable television systems in their local service areas. However, if telephone companies offer auxiliary cable services such as pay cable or security systems, the company would be required to make the pay cable system's facilities available to other parties wishing to offer similar services. H.A. 3333 also calls for a new Communications Regulatory Commission with five presidentially appointed com- missioners, in contrast to the seven members of the current Federal Communications Commission. Two communications bills have been introduced in the Senate, one by Sen. Ernest Hollings (D -SC), the chairman of the communications subcommittee, and one by Sen. Barry Goldwater (B -AZ). Both bills amend portions of the existing 1934 Communications Act FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (MICROFILMED BY JORM MICROLAB instead of replacing it as the House bill does. Although both bills propose changes in the regulatory scheme for cable television systems, neither bill Proposes changes as drastic�as the House bill. Regulation of cable television under the Hollings bill (5.611) would be divided between federal and non- federal authorities. The federal government, through the FCC, would have Jurisdiction over broadcast signal carriage, cross -ownership restrictions, and pay cable. Use of streets and public ways, franchise fees, basic subscriber service rates, channel capa- city, and access channels and services would be left to state and local regulation. S.611 would allow telephone com- panies to provide cable television ser- vices only with the permission of the FCC. In deciding whether telephone com- panies may provide cable service, the FCC must be convinced that without telephone company involvement, cable services would not be available to a community. Any telephone company providing cable television services must also separate -- such as through separate operating entities -_ its cable televi- sion operations from its noncompetitive operations. The Coldwater bill (5.622) is the only bill that devotes an entire section exclusively to cable television. (The other bills deal with cable television in the sections devoted to broadcasting and common carriers.) The bill sets up three categories of cable television regulation: items that may not be regu- lated by any governmental entity; items that are within the sole Jurisdiction of the FCC; and items that are within the exclusive jurisdiction of the states. No government may require or prohibit program originations or impose any restrictions or obligations affecting CEDAR RAPIDS AND DES MOINES, IOWA the content of program originations; liability for libel and obscenity would fall on the programmer. Regulation of advertising rates, pay cable rates, and access channel rates would also be pro- hibited. Within the exclusive Jurisdiction of the FCC would be technical standards, radio and television signal carriage, and cross -ownership between cable and telephone companies. The FCC is empowered to require the availability of access channels, but only when the cable system "is the only source of video programming in the market served by the cable system." This leaves to local governments such regulatory issues as use of streets, franchise fees, and local complaint procedures. The Goldwater bill would also allow television broadcast stations and net- works to own cable television systems. Common carriers are prohibited from providing cable television services except in rural areas which would not otherwise receive such services. Local Government Groups Meet On HR 3333 On May 1, Harold Horn, Executive Director of the Cable Television Information Center, briefed represen- tatives from the National League of Cities, U.S, Conference of Mayors, National Association of Counties, International City Management Association, and the National © Notes from the Center is published quarterly by the Cable Television Information Center, The Urban Insli• rule. RIC Is a nonpartisan, nonprofit advisory group, partially funder) by the Ford and lohn and MaryR. Markle Foundations. CTIC's purpose Is to help local officials make Informed decisions about telecommunications policy. Executive Director, Harold E. Horn; Regional Di. rector and General Counsel, Howard I. Gan; Regional Directors, David Owen Korle, Michael A. McGregor; Economist, Henry del Castillo; Director of Information, Claire L. Doyle. Notes from the Center 1 May 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS t40ItICS ;MICROFILMED BY JORM MICROLAB Association of Regional Councils on the Possible consequences of H.R. 3333, the newly -proposed Communications Act of 1979. Horn also wrote to Rep. Lionel Van Deerlin, chairman of the House sub- committee on communications, urging that he set hearing dates for state and local witnesses who wish to express their opinions on the bill. Supreme Court Kills FCC Access Rules H1115[cafc Ildm D Solon yvp By a 6 to 3 vote, the Supreme Court struck down the FCC's cable TV access and channel capacity rules, stating that the Commission had exceeded its statutory authority in imposing the rules on cable systems. No longer valid are the FCC's man- datory requirements that cable systems with 3,500 or more subscribers set aside free channels for use by the Public, schools, and local governments, Nor will cable systems have to comply with the rule directing them to have 20 -channel capacity and a capability for two-way transmissions by 1986. The decision, handed down on April 2, affirmed a lower court ruling won by Midwest Video Corp., a cable company that had challenged the FCC rules on Jurisdictional and constitutional grounds. Effect 9n La.Cal Regulation Although the Supreme Court's ruling nullifies the FCC's authority to impose access requirements on cable operators, it does not automatically deny the right of local governments to do so. State and local authorities appear to be free to enforce access rules of their own making. However, unless a community's cable CEDAR RAPIDS AND DES MOINES, IOWA TV franchise contains specific provi- sions on access, local governments may not be able to require their cable operators to provide the access ser- vices formerly guaranteed by the FCC's rules. Local franchise ordinances have often incorporated the FCC access rules by reference, or have simply stated that the cable operator must comply with the FCC requirements. If local franchise provisions clearly require access, they are enforceable; but if the franchise is not specific, the language will be subject to interpreta- tion. In the future, local authorities can make sure that access will be available in their communities as part of a contract freely negotiated between local officials and the cable operator. Cable .0 z= .Qarr Al'a At the heart of the Supreme Court's decision is the reasoning that the FCC's access rules confer common carrier status on cable systems, and thus abrogate see. 3(h) of the 1934 Communications Act that "a person engaged in ... broadcasting shall not ... be deemed a common carrier." Communications common carriers supply the facilities the public uses to transmit its private messages. By law, they must provide their services to anyone who wishes to hire them, and they cannot control or influence the content of the messages they carry. Examples are television microwave relays, telephone, and telegraph ser- vices. In the absence of specific statutes governing cable TV (the 1934 Act was written before the emergence of televi- sion and cable technology), the Court has twice upheld the FCC's Jurisdiction over cable as being "reasonably /a76 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES ;MICR0FILMED BY JORM MICROLAB ancillary to the effective performance Of the Commission's various respon- sibilities for the regulation of televi- sion broadcasting." Because the Commission's power to regulate cable TV is ancillary to Sts regulation of broadcasting, the Court said that under see. 3(h) of the 1934 Act the FCC cannot classify or regulate cable as a common carrier. In the Midwea Vid decision, the Court agreed with the respondents' view that the access rules force cable operators to act like common carriers because the rules: -- require operators to set aside channels for use on a first-come, nondiscriminatory basis; -- prohibit operators from determining the content of access programs; and; -- delimit the charges for access channels and use of equipment. The Court held that these rules run counter to see. 3(h) of the Act, and hence the FCC does not have the statu- tory authority to enforce them. Only Congress can impose common carrier sta- tus on cable operators, the Court noted. Moreover, the Court found that Imposing "common -carrier obligations on broadcast systems intrudes on the Jour- nalistic integrity of broadcasters," which "would overshadow any benefits associated with public access." Insuring broadcasters' Journalistic freedom Is consistent with the policy of the Act. Such freedom is not pecu- liar to television broadcasting, nor is it "diminished by the variant technology involved in cable transmissions," the Court stated. Midwest Video Corp, argued that the access rules also violated cable 4 CEDAR RAPIDS AND DES MOINES, IOWA IE operators' First and Fifth Amendment rights by denying freedom of speech and, by taking property for public use without compensation, due process of law. The Court declined to address these issues, save to say that the First Amendment question is not "frivolous," and to make clear that the asserted constitutional issues did not sharply influence its interpretation of the Communications Act. This brief acknowledgment of constitutional questions seems to suggest that the Court may be encouraging a First Amendment challenge on any mandatory access requirements that local regulators might Impose on their cable operators. New Cable N Rules proposed EGC.IAUA T4 E= fap uastriw= Continuing its program to end cable controls, the FCC recently proposed rules aimed at giving cable TV systems more freedom to offer diverse program- ming. On April 25, the Commission voted 6 to 1 to initiate a rulemaking that will end the limit on the number of distant TV broadcast signals cable operators can import via satellite. If adopted, the new rule would mean that the only limit on the number of signals carried by cable operators would be the system's channel capacity. The Commission also agreed to pro- pose to end rules that bar cable opera- tors from duplicating syndicated programming shown by local broadcast stations, These proposals are based on a two- year study of the economic relationship between cable operators and broadcast stations developed by the staff of the FCC's Cable Bureau. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n01RES (Continued on page 9) 9 -MiLROIILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA in . 3333 this date othenHou a subcommittees staff Is nuestion, and to ot offering any COMMUNICATIONS ACT OF answers to it. Perhaps local officials could still regulate the use of streetsand u1979 -DOES IT SERVE THE Powers, and thus c mpmuin t esywou dehavetCofranchising ntrol over PUBLIC INTEREST? where and how much coaxial cable would be installed. The bill's present wording, however, is regarded In most bills now3beforeCongress lof the three that calls for tots deregulation H. R. Sa33 quarters as eliminating state and local regulations. of telecommunications ata//levels ofgovernmenl.ifalso �BrlfforReffl opens the door for telephone companies to provide this service. The following is an analysis by The Urban Insti• Section 331 of the bill allows unrestricted entry of tele. is section lute's CableTelevistonInformal nCenlerofthepossible Parries ldnomya1970 FCC abluleprohibtingtheps Into the cable business honecone effects the bill may have on state and local govern- woufro itya197gcableservicewithinthephoephone ments—and ultimately the public. g service areas. The subcommittee's staff analysis states The premise of the Communications qct of 1979 is engage in unregulated telecommunications activities clearly that the intent of the bill is to `allow AT&T to ulated activiti essentially the same as the 1978 version— that telecommunicationsshouldberegulaledonly tothetex• ate �ons�feg butaltachesces oni conditions tai to t newt Of AT&T tent that market face forces are deficient. The bill seeks and its affiliated companiesti Section 331 does require to totally deregulate most services, particularly cable telephone companies to offer auxiliary cable services, television. The House subcommittee thinks that open such as pay cable or security systems, and to make such competition without federal, state, or local regulation facilities available to others who wish to offer similar will best serve the public interest es stimulating a services. Bythesametoken,cablecompanies could Simalso diversity of telecommunications services. The question, of course, Is whether the bill will, b offer telephone service. abandoning all regulation ofcableTV,promote the inter. would mean that telephone tee rs ruts of communities nationwide. Under present federal quired to haveccording ta Contra oriatlicenseom state t be re. rules, the formation of li cable N system, the t e and companies wilthis section l not be re- quality of services it delivers, and thea yP 6overnmentsbeforeofferingableservlce.7hisinterpre scriber rates are the responsibilities of local officials. By above) that prohibits state and tool governments from pplo official of sub- talion is based on the language of Section 321 left used virtue of their franchising power, communities can en. regulating telecommunications except for local tele- sure through reasonable local regulations that a modern phone service. cable system will reflect local communications needs, provide local services, and be responsive to local sub- This Inconsistency could result in telephone com- scribers. haviesing offering cable service to a community without Three sections of H.R. 3333, however, would drastically traditional cable company would have to negotiate a having to seek permission from local authorities, while a change current regulatory practices with respect u franchise or license with the tool community to use cable, and conceivably endanger the option of local au- thorities to plan and regulate telecommunications in public rights-of-way to provide the same service. their communities. Telephone entry Into the field of cable television Season 321 says that ".. , no State (and thereby no sounds in many ways to•be a cost-effective, efficient way localgovernment) shall have rhea State t y to deliver all telecommunications service. However, the rates and terms for any telecommunications service wire also carries with it the danger of possible abuse by other than local exchange telephone service.- In itganale Ilowhng anyility of singlergi nting lcoorporatlonato control albcme raysis of the bill, the subcommittee staff amplifies this Ian• municatlons. tes and terms assoc,aIt I t e h the provcoulision States regulate if the House subcommittee's intention is to foster television service.^ competition, it should thoroughly examine the conse. Section 321 raises Ihis question; if stale and local gov quences of H.R. 3333. ernments can no longer write franchise ordinances Consent to Retransmit stipulating the terms for cable N services that are de- sired by local cillzenry, will a contractual agreement be •Most tween a city and a cable operator delineatings eciffc 453, which repealsthe license ostem rg anted to services be a valid document? P able operators in the Copyright Aa of 1976 to arty television programs. Under this section, able television MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DtS MDuas I.. -MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIDInES systems, to retransmit broadcast signals, would have to obtain the Permission of the broadcast station or the COMMENTARY permission of the person who owns the rights to the programs involved. O N THE HILL AND IN Section 453 makes certain that no unit of government THE COURT ican interfere with this retransmission scheme. It ex. pressly bars the proposed Communications Regulatory Rewrite 11 Commission and any state or "unit of general local gov- The growing pressure to revise our national tele- ernment" from establishing or enforcing rules or regula- tions "relating to the retransmission by any person of any communications policies was evidenced by three new bills recently introduced inCongress. Two of the bills, program or portion of a program originated by a broad- submitted by members of the Senate Communications cast station." Both major cable industry associations are concerned Subcommittee, call for certain revisions of the Com - munications Act of 1934. While both Senate bills pro - about this provision. In Its preliminary analysis of Section 453, the Community Antenna Television Association says pose changes in federal regulation of broadcasting and common that it would be a "physical impossibility" to get program consent from every program owner. "The bottom line on carriers, neither would greatly alter present federal and local regulation of cable television other than to permit telephone companies to provide cable this one is unavoidable—we, especially the smaller sys- services under certain conditions. tems, would be out of business." The National Cable Television Association, which rep- H.R. 3733 resents most of the big multiple system operators, states By far the most sweeping changes in federal tele - that "retransmitted broadcast signals are the economic underpinning of a cable television system. Without the communications policy are proposed in H.R. 3333, in - troduced by House Communications Subcommittee base of retransmitted broadcast signals on which to build, the new television services only cable canofferwili Chairman Lionel Van Deerlin. This bill, like its predeces- sor introduced last year, would completely rewrite the be denied to consumers." There is some disagreement among experts as to 1934 Communications Act. Like its predecessor, "Re - write II" would eliminate direct federal involvement in whether Section 453 means local or distant broadcast cable regulation. Unlike "Rewrite I," however, "Rewrite signals. The language, however, appears to refer to all broadcast signals. II" would also eliminate most of the rights of local deci- Whether the retransmission consent provision will sion makers to regulate the cable systems in their com- munities. serve the public interest is debatable—and as yet un- The thrust of the House bill stems from a belief that known. One possible scenario is that Section 453 may federal regulation of communications is appropriate provide the opportunity for abuse by broadcasters or only when"marketplace forces fail to protect the public program owners. They may find that it is not in their interest." Because of such developments as cable televi- economic interest to grant consent for retransmission, Abuse would most likely occur in communities with good sion, translators, fiber optics, communication satellites, and home video recorders and discs, the need for regu- over-the-air over -the -air TV reception. In such locales, if broadcast lation has diminished. The forces of individual con - stations were enjoying high audience levels they would have no incentive, economic or otherwise, to grant cable sumer demand, rather than federal oversight, is the best way to develop an optimum mix of communication ser - operators (or other carriers) permission to retransmit their programs. If the local broadcaster doesn't consent, vices. The House subcommittee appears to view cable as an intermediate technology, doomed to face strong neither will the program owner on the grounds that to do competition from alternative delivery systems and, per - so would alienate his best customers, the local broadcast haps ultimately, to be superseded by a national "one j station and the TV networks. This scenario is speculation, and suggests possible an- wire" broadband telecommunications system. titrust legal questions, but if it does occur as the result of The Center's View Section 453, the public will probably suffer because cable With some important reservations, the Center agrees systems may not be built (or may not succeed) in areas where retransmission consent Is notgranted. with thisview. We arewedded, not to cabletelevision in its present form, but tothegoalofexpanded communi- Last year when H.R. 131115 (the predecessor to H.R. cation services and a diversity of information and enter - 3333) was subject to public hearings on the hill, many tainment. Indeed, in our comments to the House sub- groups, including staff from the Cable Television Infor. mation Center, expressed doubt about the bill's lack of committee last spring about the first rewrite bill, we supported federal deregulation of cable, although we balance between excessive competitive restraints and slated that some federal role is appropriate to maintain guidance in the formof regulatory oversight with respect minimum standards for signal carriage, technical qual- to cable television. Evidently little, ifany,ofthistestimony ity,and access. Local officials, westated, not Washing - was taken Into consideration when the 1979 version was drafted. ton regulators, are in the best position to understand H.R. 3333 does not explain how the public interest will best be served by excluding state and local and respond to the diverse needs and interests within their own communities and to regulate their local cable systems governments from regulating cable TV. While it is true that the mar. ketplaceoften fosters best accordingly. EllminafionofLocal Regulation the product for theconsumer, telecommunications is still too new and loo complex a "Rewrite 11" takes cable deregulation one important, service to go totally unscrutinized by government. detrimental step further. In addition to prohibiting fed - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIDInES ;MICROFILMED BY JORM MICROLAB oral regulation, the new bill would virtually eliminate the option of local regulation as well. Although there is some debate over the precise meaning of the bill's lan- guage, the intent is clearly to prohibit any local regula. tion of signal carriage, subscriber rales, and most other aspects of local control. The Center opposes total federal preemption of local cable regulation for the same reasons we opposed spe. cific FCC preemptive rules and policies. H.R. 3333 naively assumes a homogeneity of needs and circum- lances throughout this country. Such homogeneity simply does not exist. The bill also assumes that local officials are not able to act reasonably and responsibly. The communications "revolution" may well come, and with it a variety of consumer options that will truly allow the "invisible hand" of competition to guide such services in the public interest. We doubt, however, that the revolution will come quickly, and certainly it will not come uniformly to everyone. Meanwhile, in a large number of communities, cable will remain the primary means of receiving television service for many years to come. In cities like Ithaca, New York, and Eugene, Ore- gon, where over 70 percent of the households now subscribe, cable service is hardly one option among many, and thus marketplace forces cannot be expected to ensure reasonable rates and services. Unlike last year's draft, Mr. Van Deerlin has stated that Rewrite If "is the one that's going to move," and he expects final passage before next year's presidential campaign. Subcommittee hearings on the cable aspects of H.R. 3333 are slated for the week of May 4 and 14. For state and local governments who want to maintain their current authority over cable television, now Is the time to express local opinions directly to Congress. The consequences of state and local governments having no role in the regulation of cable TV can have a serious effect on local governments' future relationships with subscribers and cable companies. At no time in the past has local response to a communications Issue been more urgently needed. Midwest Video If The final blow to federally -mandated access to cable television fell on April 2 when the Supreme Court set aside the FCC's access and channel capacity require. ments. The ongoing controversy sparked by these rules has perhaps been diminished, but by no means quieted by the Supreme Court. As adopted by the Commission, the 1972 rules di- rected cable operators to provide a minimum of 20 channels and Iwo -way capability, reserve certain access channels on a nondiscriminatory basis, and make avail- able "minimal" production equipment at low cost to channel users. In addition, cable operators wereex- pressly prohibited from influencing the content of ac- cess programming. lust as the Cable Television Information Center has supported the Intent of these requirements, so have we been critical of the FCC's less than vigorous im. plementation of them. We objected to the 1976 modifications which allowed cable operators to reserve only one channel for access purposes unless there was demonstrated need and unused channels were avail. able. Minimum compliance in most cases meant the reservation of a single channel and less than $10,000 CEDAR RAPIDS AND DES MOINES, IOWA worth of video equipment, rarely sufficient to ensure viable and meaningful access. Ironically, it is these less "onerous" rules that the Court has now rejected. Moreover, FCC enforcement has been often slow and rarely decisive when some operators failed to comply with even these minimum requirements. Our main criticism, however, has been that the Com- mission has often viewed Its "minimum" requirements as "maximums." Expressing concern that local govern- ments could make unreasonable demands on operators, the FCC preempted local franchise pro- visions relating to access and channel capacity which exceeded the Commission's minimum requirements unless a specific waiver was granted. As a result, we have seen many cltieswho negotiated in good faith, but received substantially less access services than they bargained for from the operator they selected. The April 2 decision marks the third time the Court has reviewed the FCC's scope of statutory authority to regulate cable television. In its 1968 decision in U.S. vs. Southwestern, the Court held that the Communications Act of 1934, while not addressing cable television di- rectly, allowed the FCC to regulate broadcast signal car- riage by cable systems on the basis that such rules were "reasonably ancillary to the effective performance of the Commission's various responsibilities for the regulating of television broadcasting." In 1972, the Court again applied this"reasonably ancil. lary" test in the first Midwest Video case and upheld, by only a five to four vote, an FCC requirement that cable operators originate local programming as a condition to the right to carry broadcast signals. In the present Midwest Video case, the Court found that the access rules as modified in 1976 did not meet the ancillary to broadcasting test established in Southwest. ern. Although admittedly less burdensome than the original rules, the Court nevertheless concluded that the access requirements were "common carrier" in na. ture and therefore prohibited by the Communications Act. Relying substantially on its 1973 decision in CBS vs. Democratic National Committee, the Court affirmed that the FCC cannot treat broadcasters, and therefore cable operators, as common carriers. Unlike the local origination requirement, the access rules shifted the control of program content from the cable operator to the access channel user and therefore, the Court con. cluded, erroneously conferred a common carrier status on cable systems, The new Midwest Video decision clearly affects access to cable systems, and it may affect the right of access to broadcast stations as well. While the Commission has chosen not to treat broadcasters as common carriers by requiring access, In CBS the Court appeared to leave some discretion in this matter to the Commission. No such discretionary powers are offered in the present case. The Court concludes, "(0he Commission may not regulate cable systems as common carriers, just as It may not Impose such obligations on television broad. casters. We think authority to compel cable operators to provide common carriage of public -originated trans. mission must come specifically from Congress." Will Congress take such action? We doubt it. The present mood on Capitol Hill is hardly supportive of expanding federal regulation of the media. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoInES -MICROFiLMED BY JORM MICROLAB "Midwest Video 11" is not necessarily the end for cable access. In the Supreme Court's decision, constitutional Issues were raised regarding cable operators' First Amendment right of free speech and their Fifth Amendment protection against the taking of property without due process. Characteristically, and in our view thankfully, the Court decided the Issue on statutory rather than constitutional grounds. Had It found cable access to be unconstitutional, there would now be no right of access. Instead, the Court ruled only that Con. gress has not expressly granted the FCC authority to require access. LocalAccess Local access requirements appear to remain an op. tion. Although there is no longer an FCC mandate for cable access, there is likewise no longer a federal Preemption restricting the right of local governments to freely negotiate with cable operators for access rights and services. Existing provisions in franchises thus appear fully en. forceable; however, access provided solely on the basis of the former FCC rules is now voluntary and could be terminated. While it is doubtful that there will be im. mediate, widespread abandonment of existing access services by operators, there Is most certainly cause for concern. CEDAR RAPIDS AND DES MOINES, IOWA The greatest uncertainty surrounds the status of exist. ing franchises awarded since 1972 which provide fort access only by referring to the now invalid FCC rules. At best, there may be some grounds, in certain cases, for favorable interpretation or renegotiation. More likely, however, no right of cable access now exists In these communities. It Is possible in the future that attempts will be made to again challenge localaccess rules as unconstitutional. While avoiding the constitutional questions, the Court did state that such arguments are "hot frivolous.' Most vulnerable will be access requirements placed unilater. ally on operators by state or local governments. The Center strongly supports the concept of public access to all media and regrets the demise of the FCC. rules. Despite their shortcomings, cable access over the last seven years would have been a rare phenomenon without them. What Is needed now is widespread rec. ognition that the right of community access, if it is to be preserved and grow, can only be ensured by the actions Of local decision makers. The issue must now be re- solved within each community. M believe this is a cause worth fighting for. David Owen Korte Regional Director, Cable Television Information Center Information Resources Citizens Media Directory, Pamela Draves, ed. A directory of national and local media reform groups, public access centers, and community radio'stations. Also contains a list of groups that offer film and videotape services beyond production and/or distribution. National Citizens Committee for Broadcasting, 1028 Connecticut Ave., Washington, D.C. 20036; 170 pp; $7,50, Miehiaan Stace nniver+lty/gook.rA - Two-way Gable Prolec : Final report, by Thomas F. Baldwin at al. Describes the development and implementation of a two- way, interactive cable TV system and its effectiveness on urban administration. The project tested two-way cable as a teaching tool In the Rockford, Illinois, fire department, Department of Telecommunication, Michigan State University, East Lansing, MI 48824; 3 volumes; 1978. 1978-79 Gable Services Report, pre- pared by the National Cable Television Association. This is the result of a survey of local cable programming sent to approximately 3,800 cable TV systems nationwide. Contents include methodo- logy and findings and a directory of systems and services. NCTA, 918 16th St., N.W., Washington, D.C. 20006; 1979; members, $3; nonmembers, $5. _The Soartanbur¢ In er- rt rabl Exoerimenta Sn Home Et -cation, by William A. Lucas at al. Describes two sets of experiments on the two-way cable system In Spartanburg, South Carolina. One set was aimed at adults who have not completed their high school education; the other was aimed at Parents interested In the principles of child development. The report stresses the use of cable technology, not the technology itself; it is aimed at citi- zens and public officials who are interested in the use of telecommunica- tions for the delivery of educational programming. The Rand Corp, Santa Monica, CA 90406; 153 PP; R -2271 -NSF; 1979. /a 16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES ;h11CROFILMED BY JORM MICROLAD CEDAR RAPIDS AND DES MOINES, IOWA 7 (Continued from page 4) Bureau chief Philip Vervear told the commissioners that dropping the distant signal importation and syndicated exclu- sivity rules would cause no competitive harm to broadcasters. "In the near term," Verveer said, "local TV stations would probably lose no more than 1% of their audience. Long term, about the year 2000, broadcasters could lose up to 9%, but the effect on the program supply industry should be negligible." Vervear aaid that the ultimate policy question is why interfere with consumers' preferences. "If we elimi- nate the rules and regulations that restrict competition, the marketplace will serve the public interest," Verveer said. The Commission is expected to issue the proposed rulemaking within the next three months. The public will have at least 90 days to comment on the pro- posals before the Commission sots. .& HU Delete Limit. m Franchise Fees Another mandatory federal franchise standard governing cable TV may soon be lifted. On April 23, the FCC announced that it will consider whether or not to continue the limitation on franchise fees paid by operators. Currently, the Commission directs state and local governments to limit franchise fees to no more than 3% (or up to 5% if a specific waiver is granted) of a cable company's yearly gross reve- nues from all cable services in a community. The Commission noted that the April 2 Supreme Court decision (see story, p. 3), which found that the FCC does not have the authority to adopt rules requiring cable systems to provide access channels at lees than profit - maximizing rates, appeared to undercut one justification for the franchise fee limitation -- to ensure that adequate funds are available to meet the access obligation. Given that the FCC can no longer regulate access to cable TV, the Commission is requesting comments on whether or not the franchise fee limita- tion should also be eliminated. Comments are due by June 18, replies by July 9. States Cannot Regulate Pay Cable Rates On April 16, the Supreme Court let stand a ruling that the New York State Commission on Cable Television cannot control the rates cable operators charge for commercial -free movies and entertain- ment specials. The Court declined to review a lower court finding that only the FCC can decide if.pay cable rates should be regulated. Three years ago the New York Commission directed cable TV companies to file notices of their pay cable rates with the Commission. The Brookhaven Cable TV Co. and others challenged the directive, contending that it consti- tuted price regulation of pay cable TV, an area preempted by the FCC. To date the FCC has not set rates for pay cable programs, letting instead marketplace forces dictate what cable operators charge for this service. Besides pay cable, the FCC preempts local regulation of signal oarriage, technical quality, and channel use. For the cable industry, the high court's action was seen as a victory. Revenues from pay cable jumped dramati- cally in 1977, and predictions are that income from pay cable will continue to increase at a healthy rate through 1983 (see story, p. 11). Notes from the Center 9 May 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ;MICROfILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA r) f NTIA Grants Available agency, or a nonprofit private To Local Governments foundation, corporation, or asso- dation, and Under a new law, state and local governments are now eligible for federal -- has been organized primarily for the grants to plan and construct teleoom- purpose of disseminating audio or video munications facilities, a term that noncommercial educational and includes cable television systems. stems. cultural Programa to the public by means other than a primary televi- are avaionslable grants are available from the sionThe or radio broadcast station, including but National Telecogrants and not limited to, Information Administration which has cable, optical fiber, broad - i been authorized to administer X30 cascoaxial translators, cassettes, oleos, million for each of the fiscal years microwave microwave or laser transmission through the i 1979, 1980, and 1981. atmosphere. Over the remainder of this fiscal year, NTIA x111 distribute about $18 million to "extend public telecom- munications services" (i.e., noncommer- cial, educational, instructional, and cultural radio and television programs) to as many citizens as possible. N'fIA'e authority to set up the gran.__ or:. .. , comes ;7om the Public TelecommLn!cL.'.,a Sic of 1978. This leg!alatlot. v t.c.r for the first time federal tUnai,.,i ;-jr planning and constructing nonbroadcast facilities that distribute educational and cultural programs. Prior to the 1978 Act, the grants program centered entirely on educational broadcasting facilities, both radio and television, and did not include such telecommunications technologies as cable television. State and local governments are not the only eligible applicants for the NTIA grants. Other organizations that qualify as "noncommercial telecom- munications entities" may also apply, NTIA'a proposed rules define noncommer- cial telecommunications entitles as any enterprise which -- The proposed rulemaking for the expanded grants program was published in the Federal oLLi = on March 9, 1979. For copies of the proposed rules, appli- cation forms, and general information, write or call Mrs. Mary Dinota, Public Telecommunications Facilities Program, NTIA, 1325 O Street, N.M., Washington, D.O. 20005, 202-724-3307. Seventy-five percent of NTIA's grant funds are earmarked for the program's first priority -- to bring telecommunications services to areas not now receiving them. According to NTIA guidelines, pro- Jects within this first priority encom- pass those which -- -- establish telecommunications facili- ties that include local origination capacity, such as new cable systems and origination facilities to feed existing cable channels; -- extend existing telecommunications delivery systems, such as increasing tower height or power of existing stations; constructing translators, cable networks, and repeater transmitters; or -- activate new facilities without -- is owned and operated by a state, a local origination capallty, but Political or special purpose cub- which can provide ser,S::es origi- division of a state, a public nating elsewhere. Notes from the Center 10 May 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ,MICROFILMED BY JORM MICROLAB John Cameron directs the grants program, officially celled the Public Telecommunications Facilities Program. Projects for planning public teleoom- munications facilities may be funded up to 100 percent; projects for construct- ing such facilities can receive matohing grants up to 75 percent of total coats. NTIA was created late in 1977 by President Carter as the executive department's key agency for telecom- munications and information policy, technology, and spectrum management. The President appointed Henry Geller, a former general counsel to the FCC, to head NTIA, which is located in the Department of Commerce. NTIA is the successor to the White House's Office of Telecommunications Policy and Commerce's Office of Telecommunications. Cable TV Revenues Top One Billion The cable industry's healthy eco- nomic state was borne out by data released recently by the FCC. Operating revenues for 1977 totaled $1.2 billion, an increase of $200 million over 1976 revenues. Pretax income reached $133.7 million, double the earnings in 1976. Pay cable revenues dumped more than 100, from $40 million to $85.8 million In 1977. That Increase represents 7% of total revenues, compared to 4% in 1976. Cable systems in California, New York, New Jersey, Florida, Pennsylvania, Texas, and Washington led the rest of the states in revenues from pay cable. In 1977 pay cable services were offered in 1,949 communities. The Commission's data show that total operating expenses were $716.9 million in 1977, leaving an average operating margin of 40% before interest, depreciation, amortization expenses, taxes, and extraordinary gains and losses • CEDAR RAPIDS AND DES MOINES, IOWA The average monthly subscriber rate for basic service was $6.85, ranging from a statewide low of $5.73 in Pennsylvania to a high of $17.32 in Alaska. This figure does not include chargee for pay cable, an optional subscriber service for which.an addi- tional monthly charge is made. Cable TV reached more than 8,000 communities in 1977. The average cable entity (of which there were 2,600 in 1977) had about 5,000 subscribers and revenues of approximately $468,000. The FCC defines a cable entity as one or more cable TV systems that report to the Commission on Form 326 as one business entity. Prolantinne X= IM And BeY9IIfl In its report 1970 O.c. Ind,at..�-_i Outlook, the Department of Commerce says the total number of cable TV subscribers reached 14 million in 1978, an increase Of 9% over 1977. For 1979, Commerce predicts an additional gain of 1.2 million subscribers. Over the next five years, Commerce expects the number of subscribers to increase to 20 million. By 1983 basic subscriber revenues will be $2.3 billion with a Compound annual growth rate of 13.9%. Revenues from pay cable will increase at an annual rate of 30.3%, amounting to $850 million by 1983. Cable Access Group To Hold Second Convention In July The National Federation of Local Cable Programmers, a nonprofit organiza- tion that represents groups and indivi- duals involved in community television, will hold its second national convention in Austin, Texas on June 28 through July 1. Workshops will discuss women and Notes from the Center 11 May 1979 rtICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOINES 1.. ;MICROFILMED BY JORM MICROLAB video, programming for and by Hispanics, video for social change, and programming for the handicapped. Other sessions will explore the institutional uses of cable TV, with emphasis on libraries and cable, municipal and educational uses of access channels, and churches' use of cable. Participants will also have the opportunity to learn how to plan publi- CEDAR RAPIDS AND DES MOINES, IOWA city campaigns, gain access to cable, and use public and private resources to develop community video projects. Special sessions on satellites and interconnected cable TV eyatema'are also scheduled. For additional information, write to Sue Buake, NFLCP, P.O. Box 832, Dubuque, Iowa 52001 or NFLCP Convention, ACTV, P-0. Box 1076, Austin, Texas 78767. Community Service Programs Available Via Satellite New educational and informational Programming will soon be available to communities with cable television systems. In mid-September, the Community Service Network will begin distributing programs nationwide via RCA's Satcom I satellite. CSN has been awarded a $200 thousand grant from the Appalachian Regional Commission to purchase a year's worth of aatellite time. Current plans call for using transponder 24, the transponder used by Home Box Office, daily for 5 hours during the daytime. According to John Lubetkin, CSN spokesman, the network will offer shows of general interest to communities, such as consumer education and self-help programs, senior citizen forums, family financial planning and management, and ISSUE HIGHLIGHTS Congress Considers Three Major Communications Bills .....................page 1 Analysis: Communications Act U5. how Of1979.........................................page 5 Commentary: On The Hill and In Washington, D.C. 20037 TheCourts....................................page 6 NTIA Grants Available to Local Governments .........................page 10 Cable Revenues Top One Billion..,.... page 11 OTIC 000707 k IA1 ILEAL BPRI IN CITY MA;:AGER �OWA CITY JA 57.240 nutrition and health-related topics. The network will also carry professional and vocational training programs for specialized or underaerved audiences. Lubetkin hopes that CSN can serve as the "backbone" for local origination channels. CSN, he said, will produce approximately one-third of the network's shows; the remaining two-thirds will be programming produced by other organiza- tions. CSN has won approval from the cable industry. Robert Schmidt, president of the National Cable Television Associa— tion, congratulated the network for offering cable TV systems "a truly innovative package of satellite - transmitted programming." Cable opera- tors can subscribe to the service at the rate of one cent per subscriber per month. CeMe Television InforrnetIon Ceelee ,r„�,,,,,o,,,,,,,,•, The Urban Institute U5. how 2100 M Street, N.W. Hm Washington, D.C. 20037 W1m1111n,DC. ».e e,. rleo rwsddrnN Powe tet out this eddms AlW and Mom if WdA lull rwf sddrnund rip rods. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES -MICROFILMED BY JORM MICROLAB NLC. battles Legislation to deregulate cable television drew strong criticism from Mayor Charles Horn of Kettering. Ohio, last week. Testifying for NCC before the House 'Commerce sub- committee on communication, Horn stressed the municipal interest in continuing to regulate cable television. Local government's authority to • regulate cable television could be a casualty of sweeping legislation to totally rewrite broadcasting law. The underlying objective of the Com- munications Act of 1979 (H.R. 3333)• Introduced by subcommittee chairman Lionel Van Deerlin (D -Calif.), is deregulation of the broadcasting in- dustry. Section 321 (b) (1) of the act specifically prohibits states from regulating the rates and terms of cable television franchises and implicitly' preempts local governments from similar regulatory activity - Horn suggested that, because cable television has many characteristics of a public utflity, both federal and local regulation of. the industry should continue. Cable television systems usually are monopolies out of necessity, he said, and in such a situation, regulation by the local government may be necessary to assure a reasonable rate structure and to assure maintenance of the system's • CEDAR RAPIDS AND DES MOINES, IOWA deregulation equipment at a level consistent with developments in the industry. Cable television might play many roles in cities, Mayor Horn suggested. it offers a new educational tool for school systems, a way to increase citizen participation in the govem- mentai process through televised governmental hearings and meetings, and a substitute for travel in an energy short community. The subcommittee staff describes the preemptions of state and local regulatory authority as intended to encourage competitioh. Contractual arrangements between local govem- ments and cable television operators should replace local and state regulation, they believe. Mayor Horn warned that simul- taneous deregulation and preemption of state regulatory authority "wduld create a dangerous and unnecessary void in the cable television industry." He argued that any revision of the communications act must explicitly recognize the role of local governments as the regulators of cable television. The language of the bill as presently drafted probably, does not accomplish the limited purpose of enabling local governments to contract with cable television operators. Harold Horn, Executive Director of of cable TV MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110plEs the Urban Institutes Cable Television Information Center, testified with Mayor Horn and pointed out some of the specific problem areas of H.R. 3333. Negotiated contracts between cities and cable operators could not keep up with the rapid changes in the cable market; local regulation, on the other hand, would provide the necessary flexibility. Other matters left unresolved in H.R. 3333 are its effect on the 900 local franchises now in existence, on the municipal ownership of cable systems, on states which have established a statewide agency to award franchises, and on local authority to bargain with the American Telephone and Tele- graph Co" which will be allowed to enter the able business under. the bill. Only two of the thirteen sub- committee members were on hand when Mayor Horn testified: As the government closest. to the people, local government is the logical regulator of able television. Local officials will have to impress upon the subcommittee members the dimensions of.the municipal interest in this area. Members of the subcommittee, in addition to Van Deerling and Collins, are: Democrats John M. Murphy (N.Y.), Timothy E. Wirth (Colo.), Marty Russo (111•), Edward J. Markey -(Mass.), )(Wash.),ThomasA. Ronald M. l Luken (Ohio), and Albert Gore, Jr. ( Term.). Republica members are .lames T. BroybBl (N.C.), Charles). Moorhead (Calif.), and Marc L. Marks ( Pa.). —Cynthia Pols ,;MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA City of Iowa. CIty MEMORANDUM OATS= June 14, 1979 TO: City \\,Council FROM: Citi tanager RE: Com nsation - Manager and Clerk The salaries for the Manager and the Clerk were determined some months after the conclusion of the FY 79 budget discussions. At that time, the City Council indicated a strong preference for determining these salaries during the discussion of the annual budget. However, during the discussion of the FY 80 budget, the City Council did not choose to make these decisions. On February 28, 1979, in a memorandum to the City Council, the City Manager indicated that the Manager and the Clerk were prepared to provide such information as the City Council may deem appropriate. As the beginning of the FY 80 fiscal year approaches, the Manager and the Clerk would appreciate an opportunity to discuss compensation with the City Council. The current salaries are: Clerk - $18,500; Manager-- $34,344. Comparative information is provided. It should be noted that the current salaries do not even approach the median salary for either position. Because l of executionfofhmanygmajoreprograms, thental factathatity Iowan Iowa City isiat,theetop of the 25,000 - 50,000 population range, and our level of performance, which we believe is certainly above the median level, the Council is requested to consider appropriate compensation adjustments. Both the Clerk and the Manager have achieved recognized standing in their Professional fields. The Clerk is a "Certified Municipal Clerk" and the Manager is a full member of the Academy for Professional Development. The City of Ames is offering an $18,000 starting salary for a city clerk. The present clerk retired after seven years at Ames with a salary for 1979 of $22,500. The duties in Ames are almost identical to those in Iowa City. According to the International Institute of Municipal Clerks, the median salary in 1977 for city clerks in our region was $19,000. The Iowa City City Clerk does not receive that amount in 1979. After taking into account increased income taxes, the take-home pay increase for the City Manager for the last calendar year amounted to approximately $715. With an inflation rate of about 10 percent, this amounted to a loss in buying power of approximately $2,000. The salary for the Iowa City School Superintendent,with one year experience, is in excess of the City Manager's with 13 years experience as a city manager. /0171 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401RES t ',-MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA City Council June 74, 1979 Page 2 The salary for the School Superintendent as of July 1, 1979, will be $39,055. I believe that an appropriate salary for the City Manager would be an amount at least equivalent to the third quartile for cities of 25,000 - 50,000 Population. It should be noted that the salary for the previous city manager, five years ago, was almost $30,000. The difference between the salary of the previous city manager and the current salary represents a 12.9 percent increase over a five-year period. In addition, at the time I accepted employment in Iowa City my salary was about $3,400 less than the salary being paid to the previous city manager. A time has been scheduled at the meeting of June 18 to discuss compensation with the Clerk and the Manager. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 0 0 G ,.-IMICROFILMED BY JORM MiCROLAB CEDAR RAPIDS AND DES MOINES, IOWA special feature supplement #3 to newsletter ICMA May 21,1979 Vol. 60, No. 11 ADMINISTRATORS' SALARIES This Special Feature contains the most recent data on salaries of managers and administrators in ICMA-recognized cities, counties, and councils of government in the United States. The statistics were compiled by ICMA's Center for Municipal Data with a total or 2,023 cities, 378 counties, and 434 COGS reported salaries. The figures were broken down by population groups and regions in the following tables. Trends Following the trend of recent years, mean salaries for managers and administrators showed slight increases. The mean salary of city managers (Table 1) rose 5.92 compared with the 7'X, increase reported in 1978. County administrators (Table 2) are earning 7.62 more this year, compared with a 32 increase in 1978. The mean salary for COG directors (Table 3) rose 6.32 after a 12 gain in 1978. On a regional basis (Table 4), city managers' salaries show fairly consistent in- creases in all parts of the country. Managers in the Northeast, with a mean of $23,088, are earning 6.72 more this year than they did last year. In the North Central region the mean salary is $29,041, an increase of 5.67, over last year. Managers in the South received a 7.62 raise, the largest of any region in the country. Their mean salary is now $26,207. The Nest recorded a 4.32 rise, the lowest of any region. The mean salary in the West, however, is $33,655, the high- est of any region. More on Salaries A future UDS Report will contain more detailed information on manager and admini- strator salaries and will include similar data for 25 other municipal officials. For subscription information, contact UDS at ICMA. A complimentary copy of an individual list of municipal salaries over $24,000 is available to members on request to UDS. lnlemalional City Ma,wgemenl Association MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES (more) 1 ;MICROFILMED BY JORM MICROLAB TABLE I CITY MANAGERS' SALARIES AS OF JANUARY I, 1979" • CEDAR RAPIDS AND DES MOINES, IOWA n i No. of Mean 1st Quartile Median 3rd Quartile Population Cities $27,178 ISE $25,004 3rd Group Reporting Mean Quartile Median Quartile TOTAL, all cities 2,023 $28,010 $21,000 $27,300 $34,025 500,000 to 1,000,000 5 59,501 54,505 57,990 58,069 250,000 to 499,999 12 49,433 46,000 48,600 51,678 100,000 to 249,999 52 45,778 42,500 45,172 49,000 50,000 to 99,999 135 40,877 37,106 40,950 44,729 25,000 to 49,999 298 35,395 31,500 35,026 39,125 10,000 to 24,999 56o 29,966 25,920 29,749 33,600 5,000 to 91999 46o 23,728 20,500 23,338 26,818 2,500 to 4,999 313 20,631 17,213 20,000 23,000 Under 2,5003* 188 16,877 12,224 15,932 19,200 * The salaries shown in this table are only for municipalities recognized by ICMA as providing for the council-manager form of government. hrt The ICMA master file includes only those municipalities under 2,500 population that are recognized by ICMA. JORM TABLE 2 COUNTY CAO/MANAGERS' SALARIES AS OF.JANUARY 1, 1979r1 Population Group No. of Counties Reporting Mean 1st Quartile Median 3rd Quartile Total, all counties 378 $27,178 $19,297 $25,004 $32,920 Over 1,000,000 7 50,550 44,005 52,000 54,320 500,000 to 1,000,000 20 45,892 40,000 47,150 52,020 250,000 to 499,999 20 34,850 30,000 35,196 42,000 100,000 to 249,999 62 33,552 27,523 33,979 39,250 50,000 to 99,999 86 26,436 22,400 26,510 30,946 25,000 to 49,999 80 25,335 18,700 22,386 26,124 10,000 to 24,999 72 20,676 16,500 19,745 22,908 5,000 to 91999 28 18,464 14,500 18,100 21,320 2,500 to 4,999 1 16,656 16,656 - Under 2,500 2 30,852 - 30,852 - Salaries shown here are for all survey respondents indicating a position of county chief administrative officer. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101nES I Cj 411 w I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA _1 TABLE 3 C1 COUNCIL OF GOVERNMENTS DIRECTORS' SALARIES AS OF JANUARY I, 1979 No. of Population COGS Ist 3rd Group Reporting Mean Quartile Median Quartile Orth Central TOTAL, all 462 $29,041 $22,770 $28,173 $34,474 500,000 to 1,000,000 1250,000 to 499,999 4 50,741 48,000 50,439 51,678 112o,ZO to 249,999 7 4z, 415 4o,28o 41,560 42,902 0,000 to 99,999 31 39 982 36 32 39 3 43,351 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES TOTAL, all Coos i 434 $25,321 $20,500 $24,000 $29,000 Over 1,000,000 29 40,370 36,628 41,868 46,674 500,000 to 1,000,000 35 30,760 25,853 29,723 35,616 250,000 to 499,999 75 28,041 24,000 29,000 31,517 i 100,000 to 249,999 156 24,634 22,000 25,000 27,360 50,000 to 99,999 83 20,369 17,839 20,000 23,000 25,000 to 49,999 32 18,816 16,000 18,750 21,144 10,000 to 24,999 11 18,487 16,636 18,000 19,120 5,000 to 91999 5 19,473 13,500 18,616 20,404 C Undetermined population 8 25,303 20,000 26,000 28,304 * The ICMA master file does not show a population for 8 (1.8$) of the 434 COGS reporting; 'I consequently, those COGS are included in the total, but not in the population breakdowns. i i • TABLE 4 CITY MANAGERS' SALARIES AS OF ANUARY 1, 197 * Y GEOGRAPHIC REGION** Region No. of Population Cities Ist 3rd Group Reporting Mean Quartile Median Quartile Northeast TOTAL, all cities 392 $23,088 $16,890 $22,343 $28,922 500,000 to 1,000,000 -- 250,000 to 499,999 1 48,000 -- 48,000 -- 100,000 to 249,999 4 45,921 42,525 44,579 45,000 50,000 to 99,999 I1 35,466 31,350 35,000 38,344 25,000 to 49,999 38 33,578 30,273 32,497 37,458 10,000 to 24,999 107 28,298 24,113 27,819 31,625 5,000 to 91999 103 21,639 18,000 21,100 24,111 2,500 to 4,999 66 17,268 14,651 17,015 19,550 Un 2,500** 62 12,202 8,950 12,000 14,125 Orth Central TOTAL, all 462 $29,041 $22,770 $28,173 $34,474 500,000 to 1,000,000 1250,000 to 499,999 4 50,741 48,000 50,439 51,678 112o,ZO to 249,999 7 4z, 415 4o,28o 41,560 42,902 0,000 to 99,999 31 39 982 36 32 39 3 43,351 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES N ,MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Region Population Group 5,000 to 91999 2,500 to 4,999 Under 2,500*** South TOTAL, all cities 500,000 to 1,000,000 250,000 to 499,999 100,000 to 249,999 50,000 to 99,999 25,000 to 49,999 10,000 to 24,999 5,000 to 91999 2,500 to 4,999 Under 2,5000*** West TOTAL, all cities 500,000 to 1,000,000 250,000 to 499,999 100,000 to 249,999 50,000 to 99,999 25,000 to 49,999 10,000 to 24,999 5,000 to 91999 2,500 to 4,999 Under 2,500*** ^, 56,795 -- el - 2 TABLE 4 (continued) 47,407 No. of 50,048 45,796 49,820 53,940 Cities 43,313 ist 43,362 3rd Reporting Mean Quartile Median Quartile 121 33,915 30,510 36,030 3b.985 73 36,105 33 074 132 30,556 27,300 30,064 33,504 109 25,415 21,891 25,200 27,725 74 22,657 19,300 22,062 25,052 32 17,560 15,000 17,000 18,920 691 26,207 19,602 25,000 30,832 2 63,560 -- 63,560 -- 5 49,485 45,756 47,250 51,031 25 4g, 964 41,228 44,496 39,500 46,387 42,628 31 38,822 33,995 91 33,224 29,706 32,o24 35,850 200 28,081 24,54o 27,711 31,074 163 22,365 19,500 21,996 25,218 112 19,124 16,695 19,040 21,720 62 16,207 13,750 15,690 18,396 478 33,655 27,246 33,282 39,900 3 56,795 -- 57,990 - 2 47,407 47,407 16 50,048 45,796 49,820 53,940 62 43,313 39,830 43,362 46,324 96 37,633 34,632 37,000 40,248 121 33,915 30,510 33,240 36,863 85 26,712 24,064 26,567 28,800 61 24,579 21,000 23,000 26,874 32 26,552 18,900 26,187 33,000 The salaries shown in this table are only for municipalities recognized by ICMA as providing for the council-manager form of government. ** These are U.S. Census Bureau regions. Northeast includes Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. North Central includes Illinois, Indiana, Iowa, Kansas. Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. South Includes Alabama, Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. West includes Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. *** The ICMA master file includes only those cities under 2,500 population that are recognized by ICMA as providing for a position of professional management. 1 International City Management Associelion, 1110 Connecticut Avenue, N.W., Washington, D.C. 20006 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES I E ;MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA City of Iowa City MEMORANDUM Date: June 15, 1979 70:City Cou cil From: City ager Re: Hotel Development, Parcel 64-1 Ithe n 1977, the City solicited offers for Parcel 64-1 for the purpose of . The offer from the DEY Corporationp w as of onlSeptember 15, 1977. The CityBuilding designated the DEY Building Corporation the preferred developer of Parcel 64-1 on October 4, 1977. At the time the property was bid the City stated in the Prospectus that the City preferred a fall 1979 construction start, so that Block 64 could be retained for parking until the Block 83 ramp was completed. In May 1978, the developer requested, by letter, that the construction start be in February 1979. The early start was deemed necessary because of financingarrangements and the proposed 15 month construction schedule (giving only one winter's construction). TheCounci 1 agreed to a February 1979 construction start at the informal session of July 3, 1978. In November 1978, the staff met with representatives of the BEY Building Corporation. At that time we were advised that there was reluctance on the part of the Corporation to proceed with the project, but that several of the local investors wished to proceed with a transfer of the Corporation's interest to their consultants, Turner Development Co. or Jarred Schlaes and Co. We were advised that full details regarding the new structure should be expected in late January or early February. Following several letters and phone calls, we finally met with repre- sentatives of the developer to discuss plans on May 22. At this meeting the proposed developer entity was discussed, and they requested the City consider issuing revenue bonds to finance the hotel development. The Urban Revitalization Bill, recently signed by the Governor, authorizes revenue bonds for this purpose. The staff has thoroughly discussed the matter and has reviewed the situation with the City's bonding consultant, bonding attorney, and Mr. Donald Zuchelli. The use of revenue bonds for this purpose offers significant financial advantages due to the reduced rate of interest on the indebtedness. However, the introduction of these advantages at this stage poses serious potential legal problems from the standpoint of the competitive bidding requirements of Iowa law. Accordingly, it is advised that the City not consider issuing revenue bonds for this purpose unless the property is rebid. is yJ0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I4OI9ES I _ -.MICROFILMED BY JORM MICROLAB I I _i i I I I i r i I .i I I i • CEDAR RAPIDS AND DES MOINES, IOWA 2 Attached to this memorandum is a letter which has been sent to the BEY Building Corporation. The letter advises them that we cannot agree to a revenue bond issue at this time. The letter states the preference that the project proceed under the terms of the original offer, but requires full details to be submitted by July 10, 1979. Unless the City can be satisfied concerning the progress of the project by that time, it is recommended that the property be re -bid. bj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -.-IMICROFILMED BY JORM MICROLAB �i June 12, 1979 Mr. George Nagle 1201 South Gilbert Iowa City, Iowa 52240 Dear George: • CEDAR RAPIDS AND DES MOINES, IOWA The City staff has thoroughly discussed the proposed hotel development as outlined by Jim Hogan at our meeting on May 22. While the use of revenue bonds for financing a hotel appears to be very attractive from a financial standpoint, the use of this mechanism by the City at this time could pose serious legal problems. The use of municipal bonding auth- ority would be a substantial change from the conditions under which the site was competitively bid, and such a change raises serious questions regarding the competitive bidding requirements of Iowa law. Accord- ingly, I cannot advise the Council to undertake such action at this time. It will be advisable for the City to terminate the designation of the BEY Building Corporation as the preferred developer and to rebid the parcel unless full details regarding the transfer of the DEY Building Corporation's interest in the offer, including the feasibility of conventional financing, are received by the City on or before July 10, 1979. The Council will consider your request for transfer of interest on July 17. If the Council approves the transfer of interest, we will need to finalize contract language and file the contract with the City Clerk by August 1. If the Council does not wish to approve the transfer, or if contract terms cannot be agreed upon on or before August 1, 1979, the parcel will be rebid. If action is taken to rebid the parcel, the City will explore further the benefits of revenue bonding financing, and may choose to rebid the parcel with this possibility. The City prefers however that the de- velopment proceed expeditiously under the terms of the existing offer. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES '.-MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA i Mr. George Na June 12, 1979 Page 2 n If you have any questions regarding this matter, please feel free to call me or Paul Glaves. Sincerely yours, Neal G. Berlin City Manager cc: Jim Hogan City Council John Hayek Paul Glaves Paul Speer bj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES t I i I: l %j Q '.-MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA i Mr. George Na June 12, 1979 Page 2 n If you have any questions regarding this matter, please feel free to call me or Paul Glaves. Sincerely yours, Neal G. Berlin City Manager cc: Jim Hogan City Council John Hayek Paul Glaves Paul Speer bj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES ;MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA City of Iowa Clf,_ Date: May 31, 1979 To: File #40 From: Dick Plastin Re: Minutes of Ralsto, Creek Coordinating Committee May 30, 1979' Leg 1 Library Persons in Attendance: Ed Brinton, Roxanne Haldeman, Lee Vaughn, Jim Hall, Charlie Eastham, Carol deProsse, Audrey Scott, Bruce Glasgow, Jane Jacobson, Helen Kavanaugh, Betsy Hillman and Jane Kinney. The first order of business was to elect a new Chairperson. Roxanne Holdeman has moved out of the Ralston Creek flood area. She would like to remain active in the Committee's affairs but she does not feel she can remain as Chairperson. Jim Hall was elected Chairman of the Committee. Ed Brinton presented the final Storm Water Management Plan and proceeded through the report explaining the philosophy and intent of the report. There was discussion about future funding, general obligation bonds, the actions of a new Council after elections, etc. There was discussion about the Small Cities Grant Program. We have received 2 million dollars from the grant and there was a question whether we will be eligibile in future years or whether becoming an SMSA will put us into a different category. A question was asked about the availability of alternative funding when the City becomes an SMSA. Brinton pointed out that page 1 was a description of previous reports that had been done on Ralston Creek. These are available at the Public Library. Previous reports go into great detail about the two storm water storage improvements on the south branch of the dam and the north branch, therefore, this report treats these two projects briefly. There was discussion about the Hickory Hill dam on the north branch of the creek. Discussion centered about the reaction of Regina High School. There was some feeling that Regina did not perceive the City in a good light since the City had been very aggressive in seeking Regina's land after another parcel of land near Regina was sold to a developer. It was felt that it would be beneficial to go to Regina again and discuss it with members of the School Board. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /,V9' 0 ;•MICROFILMED BY JORM MICROLAB 2 CEDAR RAPIDS AND DES MOINES, IOWA 1 Glasgow asked why it needed to be put on Regina's land. It was explained that alternate sites further downstream were no longer available due to a subdivision that had been constructed in the last two years. Glasgow suggested that it would be best if a small group from each side discussed the problem rather than a large group of 30 or 40 people. Glasgow asked what was going to happen to First Avenue and where will it go. It was pointed out that this will•have to be an•issue to be addressed by the Planning and Zoning Commission. Plastino stated that Stanley was working on the question of Ben SummerwiIIIs crossing and preliminary indications were that the road would be raised to be over the 100 year flood pool. There was discussion about Ralston Creek Village and the decision that had been made by the Board of Adjustment. On page 15 of the report is the section that states the goals of the study. In most places the channel is being designed to handle a 10 year storm but in three locations the channel can handle the 100 year storm. There was discussion about the National Copy Center. The report recommends measures to alleviate flooding. The Committee questioned whether the City should perhaps buy it or have the owner protect it at his cost. There was a question about where money goes when the City resales land in the Small Cities Grant Program. Mr. Brinton stated that each reader needed to go through the channel improvements very carefully to determine exactly what this portion of the report signifies. On pages 59 and 60 is a tabulation of the costs. It was decided that the Committee had two objectives in the next two weeks. 1. Read the report and meet again to make recommendations to Council on portions of the report the Committee either agrees with or disagrees with. 2. Decide on how much funding will be requested from Council and how many years the funding will be spread over. 3. There was a question as to whether GO bonds can be sold now for expenditures in later years. It was decided that another meeting will be held June 13. bj cc: City Council MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES .MICROFILMED BY JORM 14ICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA MINUTES RALSTON CREEK COORDINATING COMMITTEE JUNE 13, 1979 CITY MANAGER'S CONFERENCE ROOM PERSONS IN ATTENDANCE: Charles Eastham, Audrey Scott, Jane Jakobsen, Helen Kavanaugh, Jim Hall, Ed Brinton, Dick Pl.astino, Jane Kinney The meeting was for the purpose of commenting on the Ralston Creek Stormwater Management Plan prepared by Shoemaker-Haaland Engineers. A second purpose of the meeting was to give recommendations to Council for priority of funding. The meeting opened with a discussion of the Small Cities Grant Program. A question had been asked as to whether the City would resell land that we take in the Small Cities Grant Program; the answer was affirmative. There was discussion about the copy center at the northwest corner of Benton and Gilbert. At first the Committee felt that this firm was getting preferential treatment by being flood -proofed at government expense but it was pointed out that the entire Small Cities Grant area provides federal funds to upgrade the area and make it a viable commercial and economic entity. It was pointed out that several businesses in the area would be receiving economic benefit either by being relocated or by lessoned flood damage. There was discussion about whether it would be cheaper to buy the copy center and move the occupants. It was pointed out that under federal guidelines the relocation expense would include the cost to move the business, relocate them and pay losses for a period of years after they had been moved. In this case it appeared that it would be cheaper to flood -proof the copy center. It was decided that no extra money would be required from any other sources of funding for plates two and three other than the Small Cities money. There was discussion about how to acquire several properties along the creek that were not needed immediately for construction projects. It was felt that the best way to handle this in an expeditious manner would be to set up a $500,000 reserve fund so that purchases could be made immediately as property came on the market. It was pointed out that the City's budget process procedures are too long and involved to obtain property expeditiously. It was pointed out that often times houses come on the market and are sold within 24 hours. There was a motion made to recommend to the City Council that the City set up a $500,000 fund in FY81 for real estate acquisition. The motion was seconded and passed. There was discussion about sources of funding which might occur from resale of the Small Cities land and from leftover HCDA funds. It was decided that it would be extremely desirable to reserve these funds for remaining Ralston Creek projects. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1a0 U ;MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA RALSTON CREEK C6..JINATING COM14ITTEE JUNE 13, 1979 Page 2 The meeting again turned to the subject of the National Copy Center. The Committee members were split about the desirability of conferring a benefit upon this one particular property. Arguments were heard on both sides of the question. On one hand, it appeared the National Copy Center was receiving undue benefit by the expenditure of federal funds while on the other hand, it appeared that the National Copy Center was not receiving benefits any greater than that to be received by other businesses in the area. Discussion centered about plate four which is the section from Washington Street to Clapp Street. It was pointed out that in this area the major feature was replacement of the Iowa Avenue box culvert. This was to be uture replaced when. it was structurally deteriorated and not in the near f as a flood solution. Under these conditions it was pointed out that much of the area will continue to flood but that it is largely multi -family and investor owned. The major remedy for flooding in this area will be flood - proofing of new structures as they are built. There was discussion about the Credit Union building. It was pointed out that they are.building a new building in the flood plain. Plastino will check to see if they are flood -proofing. There was discussion about plate five. This is the area where the north and south branch come together. There was discussion about how one but p apparently itowner in this aexte ely gdifficultmightt severalive parcels s of land to the City Plastino will check into the legal procedures for giveing land land to o the City. A discussion turned to sheet eight which is the Rundell Street neighbor- hood. There was discussion about procedures for a special assessment for the stormwater pump station in this area. It appeared desirable to begin the project between Sheridan and Center and then complete the project at a later date from Center to Court. A motion was made to recommend to the City Council that the vacant right- of-way of Grant Court be reserved for relocation of houses from other portions of the Ralston Creek flood plain. The motion was seconded and passed. A motion was made that the City acquire a parcel of land lying over the creek channel from Court to College. It appears that it is available for the taxes owed on the land. The motion was seconded and passed. along RackMr. Brinton explained sheet seven which is the area of the creek lying DrainageeSystemss isndstoringamuch ofs theirwas materiPointed out that Advanced zoned residential and they should not be doing this. The City is planning on purchasing two flood easements in this area according to the Ralston Creek Watershed Management Plan. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -D[5 MOINES 1 i i I 1 MICROFILMED BY DORM 14ICROLAB RALSTON CREEK CI JINATING COMMITTEE JUNE 13, 1979 Page 3 • CEDAR RAPIDS AND DES MOINES, IOWA 1 Discussion turned to sheet eight. In this area two culverts will be enlarged at F Street and Fourth Avenue. In addition, the channel will be widened. A land form will be built east of First Avenue on a tributary of the creek. There was discussion about sheet nine and extended discussion about the Jones property. It was decided to recommend to Council that the property owners on the south side of Friendship be encouraged to purchase land on the north side of the creek and the property on the south side of the creek should be allowed to develop under private ownership. The City Council had asked for a recommendation from the Committee. The Committee's recommendation is that the City not be involved in purchase of this land in any fashion. Bruce Glasgow submitted several written comments on the Plan. These are attached. Due the lateness of the hour, the Committee decided not to address project priorities or fundings at this time. Plastino will prepare a sheet which will outline options for funding and for work that can be done with a new work crew that will work exclusively on waterways in Iowa City. A meeting was set up for 7:30 p.m. June 27th to discuss this matter. i bdw 1 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MonIES i ;MICROFILMED BY DORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA P RALSTON CREEK COORDINATING COMMITTEE June 13, 1979 INDIVIDUAL REPORT SUBMITTED BY: Bruce R. Glasgow, Member Attention: Members of the Committee Members of the City Council As a member of this committee, I have been asked to submit comments -of the Final Report of the Storm Water Management Plan as submitted by Edward H. Brinton for Shoemaker and Haeland Engineers. I wish to commend Mr. Brinton for his work on this report. I would recommend that the report be accepted and that im— plemantation should begin without delay. Several pages of comments and personal observations are attached, and Iask that these be made pert of the permanent record of this committee and be forwarded to council. Sincerely, Otj Bruce R. Glasgow V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES f ;MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA r 1 SCOTT BOULEVARD OENTENTION BASIN (Figure 2, Page 5) i1 ,"- RECOMMENDATION: The existing sanitary sewer should be extended Ey Pro asterlm the present terminal point of the Ralston Creek Relief Sanitary Sewer to the East side of the proposed retention facility and terminate in a manhole. REASON: The sanitary sewer presently terminates an private property. If the sewer is extended at the present time, the City can acquire the property oreasements at little extra cost to get the sanitary sewer onto City property "> for future extension. It will cost leas to do the job now than it ever will +� in the future, in that the City would have to again negotiate with the owner to make the required connections. Additionally, the possibility of misalign— ment of the planned sewer extension would be eliminated. The possibility of at having to bore thru a $800,000.00 retention facility should be avoided. wJ ti HICKORY HILL DETENTION POND (Figure 3, Page fi) s: RECOMMENDATIONS: (1) The sanitary sewer now existing in the vicinity of the porposed Hickory Hill Dam, should be extended easterly toward the proposed First Avenue Extension prior to construction of the Hickory Hill facility. (2) Include in the Hickory Hill Facility, plans and funding to provide an extension of First Avenue over the impounded Ralston Creek Area. t REASONS: (1) Sewer: There are more than 400 acres of undeveloped properties I EL East of the Hickory Hill Dam site that can and should be served with sanitary ' sewer. The sewer should be correctly sized and extended through the facility It for this future development. (2) First Avenue: The present alignment proposal for the First `Y Avenue Extension will be placed under eight to ten feet of water during a 100 year flood. The cost of raining the roadway to the proper elevation should be included within the cost of the dam. If it is not, another request for a 1 environmental impact statement is a definite possibility. A political deci— sion on the advisability of having a main roadway under water during flood times could solve this problem also. yj STORM WATER DETENTION PONDS UND R THE STORM WATER MANAG mFNr RDINANC (See page 68) RECOMMENDATION: Accept the 0.30 cfe acre release rate as recommended by S h H S and adopt this as part of the Storm Water Management ordinance without delay. REASON: The 0.15 cfs acre release rate has been held to be too restrictive prior to the adoption of the ordinance, during subdivision construction and :i during court testimony. The 5 & H recommendation of 0.30 cfa acre rate is in .—� line with the recommendations of other professionals. RECOMMENDATION: PROVIDE for some type of "Hold Hermlesa Insurance" coverage .._ to be secured and paid for by the City covering land owners, lessee's and home owners who have all or parts of their properties in storm water detention panda. Page 1 MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES 11011JES ,,-MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA ti PROVIDE for the eventual filling-in of the existing ponds when the master dent - ion ponds are completed. REASON: Existing ponds are dangerous and should be eliminated. (LONGFELLOW SCHOOL ALTERNATE SITE) (See page 13D) "Past experience has demonstrated that public acceptance of a storage site is difficult to obtain when the lives of children may be threatened". A local developer has informed the Ralston Creek Coodinating Committee that he has re- ceived complaints from residents in his developments, where etormwater deten- tion ponds have been constructed, that their children have had to be pulled from the ponds. There is a petition now being circulated in the Washington Street and Amhurst Street area relative to the hazards of the Stormwater Detention Pond. Page 2 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES I _ s.,,MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA 1 GENERAL COMMENTS: The unfair burden being Placed upon purchasers of new homes in the Iowa area because of Storm [deter Management costs must be eliminated. City Land and construction cbets of Storm Water Ponds (if necessary) should be a public improvement using public funds. A responsible government should quire that one part of the population to not re— pay for a portion of a problem allow other portions of the population to negate and then all the goals of Storm Management by; Water 1. Dumping broken concrete in the creek A. First Avenue — up stream aide 2. Dumping everything in the flood plain A. Trailer Camp on Muscatine / American Legion Road 3. Building in the flood plain A. First Avenue by Ralston Creek B. Gilbert and Court 4. Not removing barriers from the creek A. Rock Island crossing at Van Buren and Court Street / if Court were extended S. Leaning cement wall on Johnson Street Page 3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ,;,MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA City of Iowa Cit, ME Date: June 14, 1979 To: Neal Berlin and City Council From: Dick Plastino, Director of Public Works Re: State and Federal Transit Assistance -ncil Referral For FY80 the State will once again use the discretionary funding formula for State transit assistance. For some time the State has intended to try out a formula for State assistance but this project has not come to fruition. With regard to our UMTA federal grant, progress is being made although it is slow. The federal government has provided 50% of the funding and the State government has commited the other 50% from another section of the federal program which is administered by the State. At the present time the only roadblock concerns the "130 labor agreement. The Federal Department of Labor is requiring several modifications. The Johnson County Regional Planning Commission is working with the University of Iowa, Johnson County, Coralville, and Iowa City's legal staff to get these difficulties ironed out. The program itself appears to be in no jeopardy but it will take time. cc: Hugh Mose jm3/5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES R :^s ;,MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA City of Iowa City MEMORANDUM Date: To: From: Re: June 6, 1979 Dennis Kraft, Neal Berlin, Iowa City Council, and the Johnson County Board of Supervisors Bette Meisel and Ben Wiese, Department of Planning and Program Development The Senior Center "Rural Outreach" Program - Summary Report In the "Rural Outreach" Program we sought to accomplish a number of goals. Foremost, was to reach as many senior citizens in the Iowa City -Johnson County area as possible, to explain what senior centers in general are and some specifics about the planned Multi -Purpose Center being developed in the former U.S. Post Office building in downtown Iowa City. Handouts were provided for the audiences to help them become more aware of how a Multi -Purpose Center would help meet the needs of senior citizens. Attached are copies of the handouts we distributed. We began with printed sheets while developing a more permanent brochure which was completed and made available to a capacity crowd of senior citizens at the "Older American's Day Celebration", May 25, at the Recreation Center in Iowa City. The slide presentation, "The Bridge," originally obtained from the National Council on Aging, Washington D.C., was adapted with permission. The adaptation includes slides of activities, services, programs, sites, etc. from the Iowa City -Johnson County area. The sound track and slides were adapted by Ben Wiese. The presentation was made to 25 audiences. All of the groups were senior citizens, City Council Members from outlying communities, concerned citizens and townspeople. The presentations were made to the following groups: Council of Elders, Agency Service providers, Regional Planning Commission, three University Practicum classes studying Gerontology, Congregate Meals at Close Mansion, Solon Council, Senoir Citizen group at Swisher, Schueyville Council, Oxford Council, University Heights Council, North Liberty Council, Tiffin Council, Swisher Council, Pot Luck and Card Club at Solon, Hills Council, North Liberty Senior Citizen's pot luck, Iowa City Council, Lone Tree Council, Coralville Farm Bureau Program Chairman meeting, Oxford -Tiffin pot luck, Autumn Club pot luck of Coralville, Older American's Day Celebration at the Recreation Center. The total audience was 554 persons. In addition to the slide presentations, a one-page flyer was prepared and included in an A.A.R.P. mailing to 250 senior citizens in the county. The new brochure was made available to all who attended "Older American's Day." Approximately 200 received the brochure. 350 of the brochures will be included in next month's A.A.R.P. mailing. Consequently, we have reached about 1350 people in the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES lobo I .;MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA 2 county, 554 formally and about 800 informally throught he handouts and brochures. Response from the groups to whom our slide presentations were made was overwhelmingly receptive. The warm response was engendered by a number of factors: I. Senior citizens are interested in the Potential of Multi -Purpose Centers; 2. We represented all of the governing bodies of importance to the people in the area - the City of Iowa City, the Johnson County Board of Supervisors, plus the Regional Planning Commission; 3. Barb Murray, from Regional Planning, was able to fill me in on the nature, characteristics, and concerns of each community and group. This made it possible for us to adapt the presentation to the uniqueness of the community and group. In spite of the fact taht the April and May Agendas were very crowded, we did receive some very significant feedback from the Councils and interested townspeople in the various groups. A positive consequence of the full agendas was the fact that there were usually quite a number of townspeople present. I will summarize very briefly, but specifically, the concerns which were raised. Except for items of concern listed under 1, 2 and 3 which were most often raised, the listing is not in descending order of importance. 1. Transportation problems - How would the senior citizens get to Iowa City to be involved in the Center's activities and services? 2. Parking - Will there be enough parking space for senior citizens to drive their cars to the center? 3. Costs - Costs for senior citizens who participate in the activities and services of the Center? What will be the additional costs to the taxpayer? Will it have an effect on the property taxes in Iowa City and Johnson County? 4. Access to the Center - Concern about steps, elevators, off street pedestrian entrances, loading and unloading areas, etc. 5. The effect the center will have on currently active senior citizen groups such as Congregate Meals, card clubs, social meetings, etc. Will the Center replace these? Will the Center supplement these? 6. How will the Center contribute to the welfare, needs, interests, and concerns of senior citizens in the outlying areas of Johnson County? 7. What is the level of senior citizen involvement in planning for the Center? What will be the level of their involvement in the running of the Center - planning of programs, activities, and services? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINEs MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MOINES, IOWA 3 8. What will be the qualifications of the soon to be hired Center Director? Will the Director be one who is trained in the Social Services? Will the Director by one with a service orientation? 9. What is and what will be the role of the Johnson County Council on Aging in the planning and coordination of programs and services of the Center? 10. Will there be adequate space for large group use of the Center - dining, kitchen, assembly, and group activities? 11. Will the Center expand its influence into existing Congregate Housing sites, such as Lone Tree, for example? A number of the communities seem to be very protective of what they have going for themselves. 12. What about S.E.A.T.S. service and costs? Will rural Johnson County senior citizens be expected to contribute more towards the cost? Will the service be expanded to include regular routes to outlying areas? Will there be large enough vehicles available to carry large groups from communities to the Center? Is there a possibility of some reciprocal arrangement with Linn County, for example, to assist senior citizens in the Swisher- Shueyville area obtain better service? 13. How will the Center be involved with senior citizen volunteer activities - both as workers and as recipients. 14. How will the Center function to bring rural elderly and urban elderly together in beneficial ways? What services and activities can the Center provide in and for the rural communitites? 15. When will the Center be ready? Most of the concerns we could deal with satisfactorily, at least in part, others remain to be answered as plans for the Center continue to unfold. Most of the concerns are very practical ones and must be taken very seriously in the continued development of plans for the Center. Some of the concerns such as transportation and parking will be difficult to deal with. Other concerns will require adept political and public relations activities by the Center Director. Still others will require a continued sensitivity to and monitoring of the needs and interests of senior citizens in the area as the Center unfolds as a reality. Few concerns deal with the quantity or quality of services, but instead, they deal with - How will I be able to get there to participate? or Will I loose the services and opportunities I now have near home? MICROFILMED BY JORM MIOROLAB CEDAR RAPIDS•DES MOIRES ;MICROFILMED BY JORM MICROLAB 1 • CEDAR RAPIDS AND DES MOINES, IOWA 4 Since the "reality" of a Center is still about one year away, it will be necessary to continue a strong advertising and public relationship program. It would seem that after a Center Director has been hired, and some progress is being made in the renovation of the Post Office buiding, that this would be the best time to begin making a concerted effort. It is more difficult to sell an idea than a reality. This observation is based on a number of senior citizen reactions which indicated a presence of doubt in their minds that the Center would ever be established. A final observation. It would seem to me that the Johnson County I Council on Aging must be brought more concretely into the final planning and eventual coordiantion of programs and services of the Center. If the Center is to be the hub of activity and services for senior citizens in the area, the Council on Aging must be involved in a more creative, innovative, and leadership way. Under the Older Americans Act passed by Congress, the Council on Aging has been mandated the responsibility for providing programs and services to meet the needs of the aging. Senior citizens who use the Center must be able to count on this. How this can be accomplished will depend to a large degree on the competency of the Center Director and possibly directives from the appropriate governing bodies. The following community resources and activities for senior citizens are found in Johnson County: Three Congregate meal sites in Iowa City; senior citizen potluck dinners in Swisher, Solon, North Liberty, Autumn Club in Coralville, Oxford -Tiffin, and both Congregate Housing and Meals at Lone Tree. Further on-going groups, activities, and programs will be identified in the next phase of the "Rural Outreach" program. We will be meeting Monday, June 4, to determine the next steps in the "Rural Outreach" program. A final report on my involvement as a Social Work Intern will be submitted after July 15, upon the completion of my Practicum. bj3/3-6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i I R (i llll � U) i 3 w W 3 tflu all 0 0 4- U a OE � In O �n�i x UU) (1).o � x 0 0 0 0 0 0 �: 0 3 O ►-� � Lt., 't7 Z » O u W N U cn OEM 3 0 00 o o c In v L N +� m c o u u a v N 9 > C am -1 O •^ m O w v O a0i ¢ L w d^ _ NL a� d V N u1 U pm L .� N L 0 m c ry y r c m ^' y ..1 ry 0 a v c m o U J a N '00 a L aTl L wu a •- OO 3 C (11 L ,^ O 0'- N ' U W ^' E m O ut v a .� •i • m L m u VI L° z`^ ao d C C OI J VI •O n U u vcm d ^ Y O1 wpi W m 0 C d N C O J m a L 9 L 0 0 r� ca v>•- �v m c E O c n L a p L t E o m mt +•' o O 3 .^ O ut N .- p^ GI E E C c a.l N m t a) N c � > o o T 'a 3 a �•o� aciL o 3 y.M3v E 0>> u a+ w m L ut d d UJ d C L w L 41 O /--1 N U E y y ^. j m •- � m L 4- C L y O) L y L vu ov v> 0 d ++ v L O d L d .-• t u L c i y L L L v L X m O. h VI d Cl 01 O O `J 1 1 I 1 1 1 I 1 1 MICROFILMED BY JORM MICROLAB CFDAP RAPIM-0f5 1101riE5 E m L m y O L • Q. d E WW1 o ma ^o O rn u 0 L N Of O1 OI p ut •- •r O m L N O d 01 yml U J C N E ut O WN O J Q m •.-m an d N•- V 7 N O �N GI O Q101N9 Q n w c C w c a U. U L Old L u1 L •^ O N L O •^ ^ c Q O m C n C T L ..- N •^ 00 m m V •^ N N W L O GI •.- ••- pl 71 O W •^ m 0 d O L y 1- V S>LL�d S JLLF-LLNd LLH MICROFILMED BY JORM MICROLAB CFDAP RAPIM-0f5 1101riE5 �•V U) y • Q. WW1 N 0 0 E 0 L L R a N EO 0 L w N E N � OI U V a Y V V u C N y V L V w C'0 O w L w N O a+L•- L w N y L y w N O u aw�aw olc^ J'V rtl rtl V V .O L •o .'O _Tc o.'"y � m °1vm.:'aLi �� L w N 3 y N N L U C O N^ U N y �.� at:� p y w 3 R) C U' oTm 0 o .. L nom•' w C p.� C w N O N C N u nu u N aN.l aTln W0. w U> T w C-0 y•rN- w y L �^ Lal w L L j y E O N N C w U O C O t o. N 0 0 M U•. -UN M O S w E w L' 0 +� C U O O U C ++ d w aI 10 L N •� .a � uo. CL u > a a 0 o N v o u o a MD C N O Ot la •.U- w L L L N n u-. .. •1.l 3 y " O al a 0 N U C r L U N w v.�o^..my MD • 3. •U mLN OUNim c O m�wp we c.moo .c C •� w N ^ O w Olu w 3 u o J L.> aN Ol O c uwi w t C C C 0 > u,'ua aZm ma� • oa•-Cca '-'m •Ll L L O C «,C w o E N O C N U O OL a I N E•C N O.• •- O w a w C O w O N w L O Q n U, y ^ L y U N L O O O C y 4 N u C Y t CO .� n N t O n a L w u J O O 3 00 0 3 al N U w a O C a m o. a 2 y w u 3 w U C rtl - O O L O L y L aN i w C a L w O� .• L L C u C w> y C •- p U am u MIDouc L w O U w C 0 w c L U.- N •n N 3 a w N w w L L 0 O U •>3 n 0 .0 C 'O L w > y w E a L U w; C, C ^°^wa p E r0 O .�••e, C C w a p V 0 N O �0 W. - a) c� ^ V > u'� c Ov ni M 3 L c'c U , O'^ C 'o c0 w N �w N >1 N C n� M m.conon�m -C O 0 -cx aE �t •Ml r` V 00 a p 0x1 E 0 0 p y w�O.w-wy C LOL U N C a N u w _ . wyc c •� a w w L � .- 0. � L a-1 C N rrN^ V Val V O n 0 y O O ++ v J FO- w N a upi m uOi n E u •.- 3 w w u ��j• N 0 O' L 0 W 1Ly O a� �.+ O U nL W NL 00 o c O E T w c w. -+A nrn y ^O to O .y O w y y V- L •�- al y .- a� r••e t '^ cn+ w L U •L v^^ .C- ^ C. 0 C U J U y y ^ u C 3 L w 9 O O y m K W V) Z V y L E a w O ^ w O C L � E t j C� y cw - o w o p > a c a ^ > N w L u u a N V - a+ C O O O L O L y N L •� p� 'C W.- > .-> o O Nw -a3 L a+ LLI C al •. 0 w y .� L c C C .� O C C a1 m E E �.y E m wu EU^ °uo T E L Y w > w U rn W a mm E.xuo•al w E L 3 y W JORM MICROLAB �fpev �, r, r'7;iS•.11 ••�; Ill �. ,�Ity of Iowa Chl' MEMORANDUM DATE June 15, 1979 TO: City Council FROM: Dennis R. Kraft, Director of Planning F, Program Development RE: Hy -Vee. LSNRD The question was asked at the City Council meeting of June 12 whether Hy -Vee was removing more trees than were allowed by the conditions of their approved plat. The action taken, by Hy -Vee, is, to the best of our knowledge, in conformance with the LSNRD plan which was adopted by the City Council. The initial LSNRD plan submitted by Hy -Vee was different than the one adopted by the City Council. Perhaps the person making comment to the Council about the extent of tree clearing had seen an earlier draft of the LSNRD. 0 t DRK/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES u. h n (t: `i ,�Ity of Iowa Chl' MEMORANDUM DATE June 15, 1979 TO: City Council FROM: Dennis R. Kraft, Director of Planning F, Program Development RE: Hy -Vee. LSNRD The question was asked at the City Council meeting of June 12 whether Hy -Vee was removing more trees than were allowed by the conditions of their approved plat. The action taken, by Hy -Vee, is, to the best of our knowledge, in conformance with the LSNRD plan which was adopted by the City Council. The initial LSNRD plan submitted by Hy -Vee was different than the one adopted by the City Council. Perhaps the person making comment to the Council about the extent of tree clearing had seen an earlier draft of the LSNRD. 0 t DRK/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 0 __) CRY of Iowa Ci! MEMORANDUM DATE: June 15, 1979 TO: Members of the City Council FROM: Dennis R. Kraft, Director of Planning $ Program Development RE: CDBG Project to Acquire Structure for Aid to Victims of Spouse Abuse In order to facilitate progress on the CDBG Project to acquire a house to be rehabilitated and used as a shelter for victims of spouse abuse, I have been working with the Aid to Victims of Spouse Abuse (AVSA) agency to develop a work schedule. On Monday, June 18 members of AVSA and I will be at your infomal meeting to discuss the project and schedule with you. PROPOSED PROJECT SCHEDULE July 9, 1979 The AVSA Board will submit, to the Department of Planning MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 a�� and Program Development, a written description of their current and proposed programs, a list criteria that will be used in selecting a facilty, and an analysis of alter- native resources for victims of spouse abuse. Sept. 10, 1979 The Department of Planning and Program Development (DPPD) will complete an Environmental Review Record (ERR) which. includes all or portions of the AVSA report of 7-9-79 and analyzes physical, -social, and aethetic impacts of the proposed program. Sept. 1979 AVSA and staff will meet with the City Council to discuss the ERR report. Sept. 21, 1979 The first official ERR notice (required by law) will be published in the Press Citizen, stating whether or not the analysis discovered any significant impact and in- viting public comments during the next 15 day review period. Oct. 8, 1979 The second official ERR notice will be published in the Press Citizen, notifying the public that the review period has ended and the City plans to request funds to be released from HUD. Oct. 16, 1979 Neal Berlin, the executive officer of the project, will submit to HUD the Request for Release of Funds form stating that in compliance with our grant agreement, ' the City has completed all activities stipulated as a prerequisite to committing any project funds. Approximately Nov. 5, 1979 HUD is expected to send a notice authorizing the City to use CDBG funds to acquire a structure for a shelter for abused spouses. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 a�� Memorandum to City Council June 15, 1979 Page 2 Nov. 15, 1979 AVSA and DPPD�will meet to discuss proposed property(ies) to be considered for acquisition and a draft contract agreement. Dec. 3, 1979 -Staff will complete a review of the proposed property(ies) and prepare a recommendation for review by the City Council (Need for property rehabilitation and availability of fund resources will be considered during this review.) Dec. 10, 1979 The City Council will review and approve the contract between AVSA and the City, which will specify the property to be acquired and terms and conditions of use and ownership. I i r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES City of Iowa C j MEMORANDUM Date: June 14, 1979 To: Honorable Mayor and City Council From: Robert H. Bowl in, Assistant City Attorney Re: "I" Street Water Damage Claims Dear Mayor Vevera and Members of the Council: At the informal Council meeting on June 11, 1979, you requested information concerning the total amount of claims from the water main break in the I Street area on February 11, 1979. Our records show that 25 claims were filed against the City for water damages stemming from this main break. The total amount in damages claimed was $29,103.91. All but one or two of these claims have now been settled. The total amount paid or offered in settlement thus far is $19,414.31. If you would like further information, we would be pleased to furnish it. Thank you. bj4/3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES r) { I I I AGENDA SENIOR CENTER COMMISSION JUNE 20, 1979 --- 7:00 P.M. i CITY MANAGER'S CONFERENCE ROOM • I 1. Inspection of Senior Center site. 2. Meeting to Order and roll call. 3. Approval of Minutes for June 6, 1979. F 4. Public discussion. 5. Viewing of Senior Center Plan. 6. Discussion of Senior Center Acquisition Fund. 7. Role of the Council of Elders. 8. Adoption of Bylaws. 9. Election of officers. I' 10. Adjournment. i i la0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES AGENDA BROADBAND I FLECOMMUNICATIONS COMMISSION JUNE 19, 1979 4:30 PM MANAGER'S CONFERENCE ROOM, CIVIC CENTER I. Call meeting Lo order 2. Approve minutes 3. Announcements 4. Report from Bill Terry 5. Report on Specialist search 6. Report on Rewrite 7. Discussion of matching grant 8.` Annual Report 9. New Business 10. Adjourn MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i I 1 , P AGENDA BROADBAND I FLECOMMUNICATIONS COMMISSION JUNE 19, 1979 4:30 PM MANAGER'S CONFERENCE ROOM, CIVIC CENTER I. Call meeting Lo order 2. Approve minutes 3. Announcements 4. Report from Bill Terry 5. Report on Specialist search 6. Report on Rewrite 7. Discussion of matching grant 8.` Annual Report 9. New Business 10. Adjourn MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AGENDA IOWA CITY CIVIL SERVICE C014MISSION THE IOWA CITY CIVIL SERVICE COMMISSION WILL MEET THURSDAY, JUNE, 14, 1979 AT 8:00 P.M., IN THE CITY MANAGER'S CONFERENCE ROOM, AGENDA ITEMS I. Application forms for fire and police positions 2. Consider establishing frequency for writing MMPI test 3. Discuss alternative procedure to reinstate employees who voluntarily resigned 4. Test procedure and set date to administer test for Position of firefighter 5. Seniority list for fire and police departments 6. Request from Dr. Jacob Sines regarding use of personnel information. 7. Miesellaneous MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES /aa 0 Informal Agenda Planning and Zoning Commission June 18, 1979 -- 7:30 p.m. City Manager's Conference Room /�? P�? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES A. Call to Order. Illi B. Public discussion of any item not included on the agenda. C. Consideration of the minutes of the meetings of June 4 (informal meeting) and June 7, 1979. D. Zoning Items: 1. Review of an innovative parking area design plan for American College Testing Program, located south of Old Solon Road (Old Dubuque Road) and southeast of North Dodge Street. E. Subdivision Items: 1. 5-7915. Public discussion of a final plat, PAD, and Large Scale Residential Development plan of Court Hill -Scott Boulevard, Part VII, located northeast of Amhurst Street; 45 -day limitation period: 7/25/79, 60 -day limitation f period: 8/9/79. F. Discussion Items: i 1 1. Discussion of the proposed schedule for review of the new zoning ordinance. 2. Discussion of a memo from.Legal regarding application Z-7901. j G. I Adjournment. r Regular meeting -- June 21, 1979 b 4 3 /�? P�? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES MINUTES OF STAFF MEETING May 16, 1979 Departmental referrals from the informal and formal Council meetings of May 14 and 15 were distributed to the staff (copy attached). Items for next week's agenda include: Resolution authorizing advertisement for rebidding the modular roof project First reading of the Housing Code Public hearing on the City's housing assistance plan Resolution asking approval for agreement with Old Capitol The Housing Coordinator briefly discussed the public housing sites. This matter will be discussed with the City Council in executive session at next week's informal meeting. The Controller advised that the City staff is studying the feasibility of purchasing computer equipment. Meetings will be set up with department heads next week to discuss this matter. The Director of Planning and Program Development referred to a May 14 memo concerning federally funded contracts. The Director of Human Relations and the Civil Rights Specialist will meet with the Director of P&PD to discuss this matter, The Director of Housing and Inspection Services mentioned that there have been problems with the car pool again. Two inspectors were without cars recently. The City Clerk announced the hiring of Marian Karr as the new deputy city clerk. Prepared by; Lorraine Saeger MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /ago Regular Council Meeting May 15, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 SUBJECT �c o REFERRED AT R DUE COMMENTS/STATUS 9 W W Weatherby Park 5-15 Parks & Rec Report to Council on planned parking facility - how large, when to be installed, access road, etc. Longfellow Neighborhood Improvements 5-15 p&pp When will remainder of the proje(— (aside from the park) be completL.. Report to Council and citizens nmittpa Advise Manager re. how Bus Garage Ventilation 5-15 Public Wks new system is working. - Copper Dollar 5-15 City Clerk License suspended as per Chief of Polic; iller's recommendation. by using anticipatory special BDI 2nd Addition 5-15 p&pp assessment warrants rather than special .~ assessment bond immediately? Advise lAnAgpra j i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Informal Council Meeting May„ 14, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 SUBJECT �c p REFERRED ATTE E��j F COMMENTS/STATUS W Sewer Pumping Station Public Wks/ Report to Manager on status of pumping' Village Green and BDI 5-14 P&PD station. Report to Manager on Village; Green agreement re. time, cost, etc. I Hazardous Materials 5-14 Ass't City Copy of letter, information, and - Manager/ proposed ordinance to County Hea,,,,.. Legal Department. Check with State on materials and possible regulations. i 'i Include Mary Rock and Cora Pollock on, Senior Center Commission 5-14 P&PD mailing list. ii Advise Council re. members whose y Expired terms - boards/commissions 5-14 Legal terms have expired. Do they continue to serve until a successor is ? i Housing Code - Placards 5-14 &IS What are provisions in code for ^,n - tent of placard? Why, no date o' clear explanation of violations? s Report to . 1 4 i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES rY'l MINUTES OF STAFF MEETING May 23, 1979 Departmental referrals from the informal and formal Council meetings of May 21 and 22 were distributed to the staff (copy attached). Items for next week's agenda include: Public hearing on Small Cities Application Award of bid for sanitary sewer project for Service Building Resolution clarifying plan check fees The Assistant City Manager advised that because of the holiday next Monday there will not be an informal Council meeting. If any departments have anything to discuss with the City Council, it may be possible to have a short informal session on Tuesday night. The Director of Housing and Inspection Services advised that the Credit Union prints will be back early next week, Owens Brush plans in another five days, and the library will be right after that. The City Manager advised that he would call the County since the plans for the new jail have not been submitted. Prepared by: Lorraine Saeger f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MY M Informaf Council Meeting May 21, 1979 DEPARTMENT REFERRALS COMMENTS/STATUS I Condemnation Placards 5-21 H&IS Include language which will make it clear to tenants when property must ., � ,� �.•-Irk �, [ i 101 COMMENTS/STATUS I Condemnation Placards 5-21 H&IS Include language which will make it clear to tenants when property must be vacated, etc. Also placard should Council will discuss during informal j I Neighborhood Crime Prevention - North 5-21 Police ctatnu u session relative to discussion of ! Garbage collection billing I�5-21 Finance II II (Memo to Council explaining the ni.ssit of billing some for garbage collection; before July 1 in spite of $2.00 charge; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Council will discuss during informal j I Neighborhood Crime Prevention - North 5-21 Police session relative to discussion of ! Side Project North Side Street Lighting. Report onE rnipct- Send Council a copy of current lighting North Side Street Lighting Policy 5-21 Public WksPolicy. Will discuss at informal session in June. Human Services Planning Contract 5-21 Legal What is status of this contract?c'� t Hafor Circle Flooding 5-21 Public Wks Advise Council on feasibility of enlarging the Willow Creek culvert 11 Hand under Highway 1 during reconstruction if thig wnlild the relieve Hafor flooding. i Building Elevation Ordinance 5-21 Public Wks/ Jork with Home Builders Association re Code Enforc ent ordinance regulating elevations of buildings, etc. at construction. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Informal Council Meeting May 21, 1979 Page 2 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB !'DAP NAPIDS•DC.S MWICS SU��T DATE RECD R MRRED To DATE DUE !�! =W&"MTS/STATUS Summer Meeting Schedule 5-21 Assistant City Mgr. Advise Council and staff an approved j schedule for July and August. i I Public Works Budget - street deficit 5-21 City Mgr. Council will make decisions at o' `ear; end of FY 79. Reschedule for informal; discussion. f Olin Lloyd Property Annexation 5-21 Legal Confer with Manager re. what can be done to encourage annexation. i 1 School CrossingGuards 5-21 Public Wks/ Police Traffic engineer provide Manager with material from Dave Cronin on traffic I patterns, list of crossings, etc. Safety Committee re. program personnel, I i i C i k f MICROFILMED BY JORM MICROLAB !'DAP NAPIDS•DC.S MWICS Regular Council Meeting May 22, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INEs O Uj SUWECTREaD DATE REFERRED DATE DUE f- COMMENWSTATW TO W Distribute copies of the bill to Urban Revitalization Bill 5-22 City Mgr/ Council with staff comments. POD Material on parking surface and (.'ess? Weatherby Park 5-22 Parks & Rec surface as proposed, to include time proposed for installation, for Friday,`: Melrose Court and Myrtle Avenue 5-22 Public Wks 11 What street lighting is present and is1 , it adequate? Report to Council. Street Sweeping program 5-22 Public Wks What percent of the sweeping iscomplete? When can bike lanes be swept again? Advise Manager. Salvaging of bricks from Madison, Bricks 5-22 Public Wks Capitol, and Washington Streets. { When other bricks will be sold. r s } t i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INEs MINUTES OF STAFF MEETING May 30, 1979 Departmental referrals from the formal Council meeting of May 29, 1979, were distributed to the staff (copy attached). Items for next week's agenda include: Resolution setting a public hearing on the suspension of liquor license for Kerr-McGee gas station Resolution concerning Grand Daddy's opening for minors LSNRD for Hy -Vee on North Dodge Resolution establishing plan -check fee The Director of Public Works advised the staff regarding the disposition of old paving bricks. The price has been set at 25 cents each. The maximum amount which may be purchased will be 2,000. Interested parties may submit their names. After names are drawn, the purchasers should go to the Finance Department to pay for the bricks and bring their receipt to the Service Building where they may pick up the bricks. City staff will count the bricks as they are removed from the service building area. The City Manager asked the staff for suggestions concerning areas where the League of Iowa Municipalities should be active during the next session. The suggestions include: 1. Housing Code 2. Civil Service legislation 3. Community Education Act 4. Amendment to the Historic Preservation Chapter (303) 5. Update Chapter 414 6. Amend Public Records law to make library records an exemption 7. Make park dedication mandatory (part of 414) 8. Increase $100 limit for simple misdemeanor 9. Simplify special assessment procedures 10. Oppose mandatory bidding of the electrical and mechanical portions of Public contracts The City Manager's Secretary was directed to draft a memo to the Council listing the above items. This item will be included on the informal Council agenda for June 4. The Assistant City Manager advised that new ideas listed above would probably be separated from the items which were before the legislators during the last session. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114175 Aa q0 The City Manager referred to the list of priorities sent to the City by the Public Technology agent. These are some of the things which were discussed when the Technology Agent was in the Civic Center recently. The City Manager asked the staff if there are any items which should receive the highest priority or if there are items which are not on the list which should be. No comments were made. The Director of Planning and Program Development asked the status of the Davis Building. The Finance Director advised that her department is trying to reach Bruce Glasgow. At the present time, we are without a lease. The Police Chief asked if parking requirements are being met at senior citizen housing on Court and Dubuque. He was assured that they are. The City Manager requested that the Director of Planning and Program Development send the material, which is being prepared for the University regarding the SMSA status, to the City Manager's office to be sent to Mr. Edward Jennings. He also suggested that Senator Culver's office be contacted regarding designation date. The City Clerk and the Finance Director will be out of town next week. Prepared by:J ILA OAAAk-, Lorraine Saeger MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES ~Regular Council Meeting May 29, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES O Ui DATE REFERRED DATE ~ SUBJECT RECD To DUE COMMENTS/STATUS W Public Wks/ Complaint by Mr. Hendershot tenta- Ridge Road Drainage 5-29 Legal tively schedule for future informal discussion. If done, will need legal the re aGtiep an type of problem and Public Works identify similar problems in the City. Is there a drainage problem at the end of Virginia Drive? Drainage on Virginia Drive 5-29 Public Wks Check file and advise Council why Lafayette Street bridge 5-29 City Mgr decision was made to abandon the bridge and not reconstruct it. Is the one-way system on Clinton, Kirk-. One-way streets around National Guard 5-29 ublic Wks wood, Dubuque, and Benton still necessar, Armory Conklin Lane -29 Public Wks Schedule for oiling. %(/j i. 4. What can be done to discourage traffic 200 block North Gilbert - alley from cutting the corner north of Gilpin intersection west -29 3ublic Wks Paint over private property in the Send Council a list of streets to receive overlay. Is Lee Street a high Asphalt overlay -29 ublic Wks priority? Concrete is broken up in intersection Street Repair -29 ublic Wks of Woodside Dr. and Woodside Place. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Re-g lar May 29, Council Meeting DEPARTMENT REFERRALS May 29, 1979 Page 2 SUBJECT DATE RECD REFERRED M DATE DUE 0 ~ P W COMMENTS/STATUS Sodding on First Avenue -29 Public Wks Who is responsible for watering on First Avenue near R.I. tracks? Goodwill Paving Assessment 5-29 City Attny Check on status of payment by Goor�ll. Are they in arrears and what actiois" can be taken to recover funds? lof Wetherby Park parking -29 Parks & Rec Park and Recreation Commission to consider advisability of construction parking lot rock and oil seal. MICROFILMED BY JORM MICROLAB 'i CEDAR RAPIDS -DCS 610IIIES ''� MINUTES OF STAFF MEETING, June 6, 1979 Departmental referrals from the informal and formal Council meetings of June 4 and 5 were distributed to the staff (copy attached). Items for next week's agenda include: LSNRD for NY -Vee Resolution amending 5th year block grant allocation in the amount Of $1,333,950 BDI Special Assessment Appointments to U.A.Y. Board, Library Board, and CCN Mike Kucharzak will be out of town until June 20. Glenn Siders will be in charge. The League of Iowa Municipalities policy determinations were briefly discussed.. Some clarification was needed regarding the Community Education Act. The Director of Parks and Recreation explained that the Act says that schools have the right and duty to provide leisure services. It is felt that this is an infringement upon the Parks and Recreation rights. This is not a Problem in Iowa City, but some communities are extremely upset about it. The Library Director clarified the item about the public records law which says that all public records are open to the public. It is felt that library records (which show which books are checked out by whom) should be an exemption to this law. The Director of Public Works explained his request to simplify special assessments. This is extremely complex from a legal viewpoint. The State of Minnesota has a much simpler procedure which we want to follow. The recommendations are to be sent to the League by June 15. The staff was asked to write a short paragraph on their concerns and submit to the Assistant City Manager by the end of next week. The school crossing guard program was briefly discussed., The Assistant City Manager advised that the City Manager will be meeting again with the School Superintendent. It was his understanding that the City will expect the School Board to finance everything over $25,000 but the City will continue to administer the program. Prepared by: Lorraine Saeger MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ido RIES /Ilm Infor@al Council Meeting June 4, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES SUBJECT DAM FEFMO) DAM REM M Due P COMMENTS/STATUS I I Electrical Permit Fees 6=4 Legal HEIS Render legal opinion re. Board of Electrical Examiners charging other than established fee to ACT. Is this Small Cities Project 6-4 PBPDparing to Council comparing loss v. Odin [ofmhousing units as result of project. F Advise Council on up-to-date estimates Ralston Creek Detention Basins 6,4 Public Wks on north and south projects compared with allocated funds Traffic Signals - Church and Dodge 6-4 Public Wks When are these scheduled for installa- `; tion how and are they financed? Memo to Council. Paving of alley behind Odd Fellows' For brief discussion at 6-11-79 Hall 6.4 City Mgr informal Council meeting. Oak'Grove Park 6.4 Parks & Rec Check playground equipment for ntrgLL� of repair. Animals fouling the footpath 6-4 Parks & Rec Re. complaints about animal waste in P College Hill Park and Mark Twain neighborhood park. Can signs be used Pedestrian Crossings, Highway 6 6-4 P&PD Advise Council re. prospect of crosswal Bypass and crossing signal lights at Keokuk Street and possibly Sycamore St. as wel Advise Council on criteria for sub - Sidewalk Repairs 6-4 P&PD sidizing sidewalk repairs. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I I, Council Meeting DEPARTMENT REFERRALS Juneuhe 4, 4 ,1979 Page 2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES x Sl1BJECT DAM %CID REFER M DATE Due � OOAAMeM/STATUS Seymour Street Perret 64 Public Wks What is status for resurfacing? Paving List 6-4 Public Wks Provide list for this year's pro to Council. LIM Policy Determination 6-4 Staff Clarify reference to "Community Education Act." Transit Assistance 6-4 Public Wks Advise Council re. status of proposed new distribution formula by IDOT; also re. status of IDOT transit grant Signs on Oakcrest and Woodside DCA? "No Parking" Signs 6-4 Public Wks not yet changed. Advise Council Un schedule for changing these and L I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES x i Regalar-Council Meeting June 5, 1979 DEPARTMENT REFERRALS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES W SUBJECT IMM F EC D m DATE DUE � COMMENTS/STATUS For June 12 agenda, a motion setting Public hearing - Copper Dollar 6-5 City Clerk public hearing for 7-17-79. Deferred one week. Condition fo' 1 Hy -Vee LSNRD 6-5 P&PD approval that Hy -Vee finance and--' install traffic signal upon request from the City with IDOT approval. Advise Manager after check of truck Alley east of 50O.South Gilbert 6-5 Public Wks traffic in this alley. Also advise Council on cost of oiling alleys. Check out complaint by Ms. Holland, Code violations 6-5 H&IS 1105 Diana, re. commercial properties adjacent on South Gilbert Court not rovidin ade gate fences. Also C ec on un store on property o the welding shop at that location. Draft letter for Mayor to Pat Ca Letter of Appreciation 6,5 ity Manager Rules Committee 6-5 &tY Council Rules Committee to meet with P&Z and Broadband Telecommunications Mgr. Commissions re. bylaws. Advise on condition of sidewalk througF': Brookland Park Sidewalk Perret -5 arks and Re the park and status for repairing, raising, etc. to keep it above water ar` MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ray `Smokestack chasing' by states: a; wasteful zero-sumsame (�, %7 ,�� E By NEAL R. PEIRCE Lla/� ".. o km wellsom Pun mm anus STATE JETS, helicopters or specialtimau- daes stand ready to whisk industrialleta from one potential factory site to another. States are spending 67 million annually on ads in' Fortune and elsewhere to extol themselves as the nirvana for footloose big flims. Foralft parties stand ready to travel on a minute's notice to romance a hot industrial prospect. A candy store of special tax abatements is being offered to proper tive boolues. It's the grand game of "smokestack chasing„ — the Indiscriminate bunt, pitting state against state, city against city, for the big catch of the multi-tboo- and -job factory that is supposed to unmitigated prosperity wherever It deigns to land. It now appears, however, that in putting mat of their effort behind the scramble for big firms' plants, the states have been batting up the wrong tree. Mounting evidence suggests that smokestack chasing not only involves excessive costs, but leads to abuses and generates fierce and eo taterVoilso- tive rivalries among stats. More seriously, it mieses the point that the over- whlmleg majority of new jobs are crated by small entrepreneurial enterprises. The mast impressive evidence Odgioata with economist David Birch of the Massachusetts Institute of Technology. Birch tracked firms- ar coitntleg for 62 percent of the atloe's private jab over a seven-year perlod. Exploding myths leff.and riot, be found: e Virtually no firms migrate thea days from one area to another in the sense of hiring a moving van sed reheating their operations. It is important, bowa a whore they set up new branch operatloes, and this has favored the Sus"t'gats in recent years. e Closings and contractions cause an 6 percent annual job los at a uniform rate across the country. The difference between "growing" and "declining" ars is almost entirely the rate at which lost jobs are replaced by new firms and the espeadoe of existing ones. Soulhesn and Weatarn Stas have done better than those to the Northeast and Mldwsk because they have slow birthrates of now companies. • Small firma are the country's Wigged job gon- erstors. Two•thlrds of all new job are to companies employing fewer than 20 people. Medi- um-sized slid large firms generate relatively few new jobs. Studies of the top 1,000 firms on the Fortune lidleg show that they added jnst 76,609 new job in the 1970.76 period, yam In which the total economy added 6.2 minion job, or q times a many. The point isn't that states should Shun outside 'firms that might move in. But they should apply. • 0410"NeY Awls wASOMOGTOe POST 60 In111 otic are state economic development Offices to attract toms that they fall to steer retvwits W depressed city or rural area. Instead, forgetting that their first responsibility Is to their cRlaoe, not•caporate•stockholders, tkey play S wilting handmaiden to arm already choked with L �To j�udiey their own existence, some state devel- apoossist departments base been know D to exagger- �, aes or as -- Lamy the totak of new jobs attracted. W' 71s scramble for footloose industries crests on l swat ',aero atm" game in welch one data's job gain am suemploymeat elwwbere. / 1 H tMy switch their thrust to festering the birth and growth of ,man firms, the state economic deselapmest agenda wN faces a tough pink. it's e / nab easier to deal with a few large companies tela a universe of mull, volatile, lodgadw (. fin. But H an aggregate of good, locally rooted es jests le tee target, there may be no alternatift liss,"seded cost-aalyals. 71sy steak detersidea wtwe to put their effort — smokestack ,hairs{, In-state companies, firm nies, «�arwinexpansion lwstte fi m.�le danger of folding. (Hundreds of job an be saved with tsckdal. assistance or some fresh appal for an ailing firm, or H its owners give up, in finding a new owner or arranging cooperative worker ewmraklp and managenMm.) Wben new Industries are attracted from Oeleke, they bring the well -adverts ed beeellto of new job, orders for IoW suppliers and a fresh infuloe of 'money into a community. But bore ran be semi drawbacks. A firm with highly spedaWed Wor re- with� i IU jobs let f oats k) residents ybe few, w� menial or both. But local taxpayers will have to pay for new schools, rads and other service for the newcomers. Capital investments to attract Dew firms have virtually bankrupted some communities — and ave, teen they face the *WbWty that a big mullind nal num may doeka mat those is awn c. I labor es Medco or T iwa. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-D[S rioinEs M7 IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, ) Petitioner, EQUITY NO, rl�n�7 vs. ) PETITION FOR REVIEW i IOWA DEPARTMENT OF TRANS- ) PORTATION, Respondent. iv (I"i COMES NOW Petitioner City of Iowa City, pgr-suarie to Section 17A.19 of the Iowa Code, and states as follows: 1. City of Iowa City (hereinafter Iowa City) is a municipal corporation located in Johnson County, Iowa. 2. Respondent Iowa Department of Transportation (hereinafter IDOT) is a department of the state of Iowa as set forth in Section 307.2 of the Iowa Code and an agency of said state as defined in Section 17A.2(1) of the Iowa Code. 3. IDOT has determined to construct a Class I fully controlled access highway facility as defined in Iowa Administrative Code 820 -- [06, C) 1.2 (11) (a), known as Freeway 518 partially within the boundaries of Iowa City, which highway facility is to transect Iowa City as indicated in red on Exhibit "A" attached hereto. 4. Iowa City has not consented to the location of said highway facility within its boundaries as determined by IDOT as aforesaid, has refused to enter into a predesign agreement or any other agreement for the same in said location, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111r5 /a 9a I I -l- and has demanded instead that it be located as indicated in blue on Exhibit "A." 5. Iowa City appeals from the agency action of IDOT in determining to locate said highway facility as afore- . said on the grounds that it is: a) in violation of Amendment 25 to th@-�ons:t.i tution of the state of Iowa and in violation of Sect 2ofi_'367F•.1',-. of the Code of Iowa in that: „ i. Iowa City has adopted the home rule charter form of city government; ii. Iowa City has adopted a comprehensive plan for land use, traffic ways and community facilities which provides for the construction of said highway facility at the location set forth in blue on Exhibit and iii, the adoption by Iowa City of the compre- hensive plan relates to local affairs and is not inconsistent or irreconcilable with state law; b) in violation of Sections 306A.3 and 306A.4 of the Iowa Code and in excess of its statutory authority in that: i. Section 306A.3 of the Iowa Code provides that those cities or highway authorities having jurisdiction over highways pursuant to Chapter 306 are authorized to plan, designate, establish, regulate, vacate, alter, improve, main- tain, and provide controlled -access facilities; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES i Y I I I I i S -3- ii. Section 306.4 of the Iowa Code provides that IDOT and Iowa City shall exercise concurrent jurisdiction over municipal extensions of primary roads within t)ze•bound- p:� aries of Iowa City; ^o �[] _• -U1 , iii. Section 306.4(3) of the Iowa Csoele. pro- vides that IDOT and Iowa City shall enter into agree eats With each other as to the kind and type of construction, reconstruc- tion, repair and maintenance and the division of costs of said extensions; and iv. IDOT and Iowa City have not entered into an agreement with each other as to the kind and type of con- struction, reconstruction, repair and maintenance and the division of costs thereof with respect to said highway facility; c) in violation of its own agency rule in that: i. Iowa Administrative Code 820 -- [06, B) 1.4 (307A) provides that IDOT and Iowa City shall enter into a predesign agreement respecting the financing, planning, establishment, improvement, maintenance, use and regulation of Freeway 518; and ii. IDOT and Iowa City have not entered into a predesign agreement with each other respecting the financing, planning, establishment, improvement, maintenance, use and regulation of said highway facility; d) unreasonable, arbitrary, capricious, char- acterized by an abuse of discretion and a clearly unwarranted MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES W, exercise of discretion in that the location of said highway facility was determined by IDOT without consideration of: i. the comprehensive plan of Iowa City g:. u for land use, traffic ways and community facilities; ii. the best interests of Iowa fifty in "- regard to land use planning, traffic ways and othez:environ-' mental considerations; iii. the alternative alignment set forth in blue on Exhibit "A." e) in violation of 23 U.S.C. 134 in that: i. IDOT has designated Iowa City, the city of University Heights and the city of Coralville as an urban area, ii. the combined population of the Iowa City - University Heights-Coralville area has exceeded 50,000 since prior to 1970; iii. IDOT has not participated in cooperative, comprehensive and continuing transportation planning with Iowa City as required by 23 U.S.C. 134; and iv. MOT further has not consulted with the responsible public officials of Iowa City regarding the con- struction of said highway facility nor has it considered the views of those public officials with respect to the corridor, location and design of the project within the meaning of 23 U.S.C. 134. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES W �r9 la 9 , F' �. i.'. r:. •.. C. JJLNI•n I•I'Y WHEREFORE, Petitioner Iowa City prays that the court stay Respondent IDOT from in any manner implementing its deter- mination to locate said highway facility as aforesaid; that. IDOT be permanently enjoined from so locating the facility unless and until agreement is reached between it and Iowa City respecting the location, financing, planning, improvement, maintenance, use and regulation of the same; and that costs of this action be taxed to IDOT. DAV A. ,ELD & f• /� CLIVE V. CLARK of WADSWORTH, ELDERKIN, PIRNIE & VON LACKUM 619 Higley Building,P. 0. Box 1968 Cedar Rapids, Iowa 52406 ATTORNEYS FOR PETITIONER. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIo plES I XF116IT A MICROFILMED DY JORM MICROLAB CEDAR RAPIDS•DES MOIRES NOTICE OF TERMINATION OF TENANCY TO: The City of Iowa City Civic Center Iowa City, Iowa 52240 You are hereby notified that the urban renewal office lease of the premises you currently occupy, known as 322 East Washington Street, Iowa City, Iowa, 52240, will terminate thirty (30). days after service of this notice upon you, and such tenancy will not continue after such date. This notice is given in accordance with the pro- visions under Section 8C of your lease, which ended on May 16, 1979, and which states that continued possession by the tenant shall constitute a month.--to-month _ extension of this lease. Notice is given pursuant to said lease for 30 days Notice of Termination. accordingly. You will therefore take 'notice and govern yourself Attorney for Landlord 405 Iowa State Bank. Building Iowa City, Iowa 52240 C319) 35170221 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES JUN 15 1979 ABBIE STOLFUS, CMC CITY CLERK (3) M 93 r i I �I i I j ; f I NOTICE OF TERMINATION OF TENANCY TO: The City of Iowa City Civic Center Iowa City, Iowa 52240 You are hereby notified that the urban renewal office lease of the premises you currently occupy, known as 322 East Washington Street, Iowa City, Iowa, 52240, will terminate thirty (30). days after service of this notice upon you, and such tenancy will not continue after such date. This notice is given in accordance with the pro- visions under Section 8C of your lease, which ended on May 16, 1979, and which states that continued possession by the tenant shall constitute a month.--to-month _ extension of this lease. Notice is given pursuant to said lease for 30 days Notice of Termination. accordingly. You will therefore take 'notice and govern yourself Attorney for Landlord 405 Iowa State Bank. Building Iowa City, Iowa 52240 C319) 35170221 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES JUN 15 1979 ABBIE STOLFUS, CMC CITY CLERK (3) M 93 1979 Friends of Old Brick, Inc. POST OFFICE BOX 2001 IOWA CITY, IOWA 52240 June 14, 1979 Councilmembers Iowa City Council Civic Center Iowa City, Iowa 52240 Dear Councilmembers; Friends of Old Brick respectfully requests the City of Iowa City donate 1500 old paving bricks to use to border the public sidewalk paralleling Old Brick on Clinton Street. This heavily traveled walk is rather narrow. We feel it would be an attractive improvement and a compliment to the brickwork laid by the City in the downtown area to widen the walk with street paving bricks. Old Brick is supported by a combination of private funds, public donations and National Historic Preservation grants. As a non-profit group involved in preserving a unique historic part of Iowa City we request your support of this project. cc: Neal Sincerely yours, Cz Sandra Eskin, President 0 II _ ence Lafore, Design gi,_ Committee MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES /a 94 ■ Parking Consultants .June 15, 1979 Mr. Itichard Plastino Director of Public Works City of Iowa City 410 East Wash ing Lon SLreet Iowa City, Iowa 52240 Ite: Downtown Parking F;ICM Ly (tamp A Block 33/84 Lown City, Iowa (CWA ConunissLon +74061) Dear Cdr. PLastino: RECEIVED JIM 1 8 1915 j i I I 1 i 1 I I 6100 Golden Vnllry Road i t ,I I r j Parking Consultants .June 15, 1979 Mr. Itichard Plastino Director of Public Works City of Iowa City 410 East Wash ing Lon SLreet Iowa City, Iowa 52240 Ite: Downtown Parking F;ICM Ly (tamp A Block 33/84 Lown City, Iowa (CWA ConunissLon +74061) Dear Cdr. PLastino: RECEIVED JIM 1 8 1915 VAs 3, CARL WALKER & ASSOCIATES, IItC, 6100 Golden Vnllry Road Afinneapolii, Minnesota 55422 6121546.431, William C. Annls. 1'.f Vice Presider. Dennis E. Neu, P.E ) Aiwciar \ { ILmald it. Monahan, P.l Dwight O. Clmrciul Panhomm S. Vcl 0 We have reviewed Lite "nut -of -plumb" condition of Lite precast columns al. Ramp A that were brought Lo our attention .lune I.I, 1979. During our Field obser- vation of .little 13, 1979 the prccasL manufrtclnrer and erector were eonet.11- _-.uing on their own to remedy the stluation. TL has been stated to its by the 1 above that the structure bounded by Grids A., Il and C from Grids 1 Llnrough 4 " north as of friday Juno 8, 1979. We hove was leaning approximately 4!_ discussed this con11LLion with Lha general conlraeLor, procastor, precast 1 erector and their elt„ineers to deLennine Lite rause of Lite defiecLton of - Lite structure late ,luno 7 and early June 8, 1979. I We feel thet'e wa:; a vonibinnLton of events that m:r; Ilnve caused tile• defier - Linn of thv sl.rurlurr. It in:ty Itavr horn rnnsr11 through n combination of I - Lherm:tl stress bill Idnp 01111/or release bet.wrrn LII.' day Mid night tcutprra- Lures, shrinkage and creep of Lite preens[ clement:; dor to the temporary eccentric loadings on the column or the slrniit on Ihr guy cables caused by tightening up dile to slack in Cite cables, The rables are destined to resist the wind forces. We observed Lhe method of "pulling back" Lite struc- ture to its origlnn] plumb position. We walked Uu'ough Lite structure from I top to bot Lom reviewing al.l precast e.lentellLs and connections and find nu ! evidence of strov..ftn"al dauct8e Ln Lite precast members or weldt•d connect inns. - Oncu cite sl:ruclw'r 1:: polled back to Its original plumb condition and guyed, Lite erector shalltake precautLotls to prevent this Incident from happening Lt Lite future. In conclusion, we re"ounnond Lhat, nitre the strikes are over, the precast. subconlract'or vol his erector he permitted to contluue Lite placement of the precast elements as originally speciflod ill the p,uyilly; and creel inn sequeuces proposed by ar till, prccn'or. Ako, wr do clot rcouunrud ;IL thin . Limo physical tenting of anv of the vnmpom•nts In place, Tho sl nuc tore, onct- rel orovd to the l'1 op,•1 bent lull and propyl"Iy RLI V,•il, will be safe and normal nctivily within the construction and the nrljoinhtg (7ur,rGn !h•rrnil Ralenmcnu Minaraprlit i J MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES '_�RL WALKER Lrly'ASSOCIA� iS, 111 C. Mr. R elm rd I, 1:1.s .lune 15, 1979 Page 2 of Z construction site m:ty rv!nf f,Ioo. if you have any qu •:; t.iuns regarding this matter do nmt he_;itate to auitar.0 us. Sinccrcl.y yours, CARI. 1J,11.R1i _' ASSOCIAl IiiC. Stephen D. Disch, P.B. Dwight O. Churchill. SID/DOC/c,j s cc: Mr. Neal Bcrlinc� viggo M. Jensen Company St. Regis Tom Romine MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES t i I '_�RL WALKER Lrly'ASSOCIA� iS, 111 C. Mr. R elm rd I, 1:1.s .lune 15, 1979 Page 2 of Z construction site m:ty rv!nf f,Ioo. if you have any qu •:; t.iuns regarding this matter do nmt he_;itate to auitar.0 us. Sinccrcl.y yours, CARI. 1J,11.R1i _' ASSOCIAl IiiC. Stephen D. Disch, P.B. Dwight O. Churchill. SID/DOC/c,j s cc: Mr. Neal Bcrlinc� viggo M. Jensen Company St. Regis Tom Romine MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES MICROFILMED BY JORM MICROLAB �ff)AP -wuu � 1 City Of Iowa City MEMORANDUM DATE: June 15, 1979 TO: City Council FROM: City Manager Of: Informal Agendas and Meeting Schedule 1 1:30 - 5:00 P.M. 1:30 P.M. - 2:00 P.M. - 2:30 P.M. - 3:00 P.M. - 3:30 P.M. 4:00 P.M. 4:30 P.M. 19, 1979 7:30 P.M. Review zoning applications Council agenda, Council time and Council committee reports Ridge Road Drainage - Public Works Architectural Barrier Removal Program - Planning and Program Development Spouse Abuse Program update - Planning and Program Development City Manager and City Clerk Compensation Consider appointment to the Housing Commission - Regular Council Meeting- Council Chambers June 25, 1979 1:30 - 5:00 P.M. Monda 1:30 P.M. - Review zoning applications 2:00 2:30 P.M. - P.M. - Council Housing agenda, Council time and Council committee reports Code Modifications 3:00 P.M: - Public - City Attorney Works FY 79 budget deficit 3:30 4:00 P.M. - P.M. Use of salt on streets - Public Works - Discuss Northside Street Lighting June 26 1979 Tuesda 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING ITEMS Bus Route and Schedule Revisions Northside Study Area Transportation Study Leaf Burning Policy Energy Conservation Measures Presentation on new Art Gallery - July 1979 Appointments to Planning and Zoning Commission, Board of Appeals, United Action for Youth Board, Parks and Recreation Commission, and Committee on Community Needs - July 17, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES RDINES