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HomeMy WebLinkAbout1979-12-18 Info PacketCity of Iowa C!'y MEM®RANUUM DATE: December 18, 1979 TO: GENERAL PUBLIC FROM: DALE HELLING, ASST. CITY MANAGER RE: AMENDMENT TO INFORMAL AGENDA Special Informal Meeting of the Iowa City City Council at 7:30 P.M., Thursday, 12/20/79 in City Manager's Conference Room: 7:30 P.M. - Capital Improvements Program Presentation (Staff) 9:00 P.M. - Report on Freeway 518 (Staff) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES td01RES a 33q City of Iowa City MEMORANDUM Date: December 13, 1979 To: Cit Council From: Cit Manager Re: Capital Improvement Program Attached 'a the may. At the iformal Council ses ion of 1December 17,Capital ro1979,�tthe ostaff gram willrlrpresent additional information concerning these projects. As we discussed previously, the detailed Capital Improvement Program will be submitted to you at a later date based upon the comments, questions and suggestions which develop in our discussion next Monday. bdw/sp MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a�s9 0 S FY81 C.I.P. (PUBLIC WORKS) 1. PROJECT: RALSTON CREEK CHANNEL IMPROVEMENTS COST: FY81 Reserve fund for land & property purchases along the entire channel. Engineering from F Street to Memory Garden Cemetery. FY82 Construction of project from F Street to Memory Garden Cemetery. Engineering from Glendale Court to Sheridan Ave. & Sheridan Ave. to F Street. FY83 Reserve fund for land & property purchases along the entire channel Construction of Glendale Court to Sheridan Ave. & Sheridan Ave. to F Street. $450,000 $ 50 000 500,000 $441,000 55 000 496,000 $185,000 300 000 4 5, 0 12/79 FY84 Construction and engineering Washington Street to Clapp Street $610,000 GRAND TOTAL $2,091,000 Description - Construction of two dry -bottom detention ponds on the north branch and south branch of Ralston Creek will reduce flood flows on the creek. The existing channel must be improved to handle the remaining flows after storage of a major portion of storm water runoff. These channel improvements will improve the carrying capability of the creek so that it can carry the ten year flood in most locations and the 100 year flood in that section of the creek from Glendale Court to Sheridan Avenue and from the river to Gilbert Street. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES W ■ FA 2. PROJECT: NORTH BRANCH DETENTION STRUCTURE COST: FY81 $909,450 Descriation - This project provides for the construction of a dry -bottom detention structure with a height of approximately 30' above the creek bank. The length of the structure is 580' and the width at the top is 16'. The average width at the base will be 240'. The structure will reduce peak flows from 3,703 cubic feet per second to 264 cubic feet per second in the 100 year storm directly below the dam. 3. PROJECT: SOUTH BRANCH DETENTION STRUCTURE COST: Previous Years $597,303 FY81 608 400 Total $1,205,703 Descripion - This project provides for the construction of a dry -bottom detentiotn structure across the south branch of Ralston Creek at Scott Boulevard. The structure will be an earth filled embankment approximately 19 above the creek bed. The dam will be 71' wide at the top and approximately 190' wide at the bottom with four to one side slopes. 4. PROJECT: EQUIPMENT SERVICE BUILDING IMPROVEMENT PROJECT COST:2�lt /� stock pile cover -""Do- Fuel island facility 48,000 Locker room 12,000 Traffic Engineering 36,000 Machine room & equipment office and restrooms 84,000 $264,000 FY82 Vehicle storage building, phase 1 6000 sq. ft. @ $40/sq. ft. FY83 Vehicle storage building, phase 2 6000 sq. ft. @ $45/sq. ft. SOO- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES W0111ES $240,000 $270,000 y`;eou ._. 91 FY84 Warehouse space 5000 sq. ft. @ $50/sq. ft. $250,000 Landscaping and fencing 42 000 $22tM GRAND TOTAL $1,066,000 Des�criPtion - Development of the equipment service building garage at the R vei rside Drive site began over 20 years ago. As the equipment fleet has increased in size, the facility has continued to be used with only minor modification. The City's fleet has increased three times in size while the maintenance facility has remained the same. This project will remedy safety deficiencies, poor working conditions, lack of storage, lack of the physical facilities needed to repair equipment, and lack of warehouse and office facilities. ! S. PROJECT: TRANSIT SERVICE INCREASE/FACILITIES AND COACHES COST: 1. Bus garage, Garage area for 40 coach operating facility. 21,000 sq. ft. @ $40/sq. ft. $840,000 i 2. Operating base with office, lobby and employee area. i 5,400 sq. ft. @ $50/sq. ft. $270,000 3. Bus wash facility building. 2400 sq. ft. @ $40/sq. ft. $ 96,000 i 4. Equipment washer, cyclone cleaner, fuel pump/tanks. $ 96,000 5. Site improvements including roadways, parking area, fencing, lighting, landscaping. $123,000 i 6. Bus equipment repair area. 5000 sq. ft. @ $50/sq. ft. $250,000 I � 7. Major equipment systems (hydraulic lifts, exhaust system, compressed air system, paint booth) $120 000 Subtotal $1, 9955,E Architectural fees $179,500 Subtotal $1,974,500 20% contingency and inflation $394,900 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M 4 TOTAL OF TRANSIT FACILITY $2,369,400 Cost of Transit coaches 12 coaches @ $125,000 per unit $1,500,000 GRAND TOTAL $3,869,400 This would be split between years as follows: FY81 $726,000 FY82 $3,143,400 Description - This project is construction of a new transit facility and purchase of 12 buses to allow 15 minute time periods between buses. This project will allow the citizens of Iowa City to choose the mode of transportation in Iowa City for many years to come. The project proposal would double rush hour service during peak hours and would provide one- half hour headways, as we now have, during off-peak hours. This program provides for a 5000 square foot repair area, a new 21,000 square foot bus transit storage facility to store 34 buses and purchase of 12 new coaches. The operating budget of transit would increase by approximately $200,000- $300,000 per year. Because adequate Federal funding for this project probably will be delayed at least several years, the City Council may wish to submit this proposal to the vote of the electorate. If approved by the voters, the project could be expedited. I 6. PROJECT: BUS STOP SHELTERS I COST: FY81 $24,000 Federal $19,200 State 2,400 Local 2,400 Description - Erection of small neighborhood shelters at ten locations throughout Iowa City. 7. PROJECT: BUS STOP SIGNS COST: FY81 $20,250 Federal $16,200 State 2,025 Local 2,025 Description - Installation of bus stop signs at all bus stops throughout owI a City. The installation of bus stop signs will improve the efficiency of the transit system in three ways. First, bus routes will be visible in the community; secondly, disagreements over stop locations will end, and last, trip times will be reduced as close together stops are consolidated. i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES . _< 5 8. PROJECT: CAMP CARDINAL ROAD BRIDGE REPLACEMENT COST: FY83 $ 18,000 FY84 $198 000 21 00 Description - This project would be funded one-half with City funds and one-half special assessment against the abutting property owners. The Camp Cardinal bridge serves an area south of Clear Creek. A combination of City funds and special assessments may strike the proper balance between City participation in this project and the fact that this bridge serves only a limited number of property owners south of Clear Creek. Ideally, this area would be deannexed to Coralville since their sewage treatment plant is very near this area and could provide sewer service. The City of Coralville would be unwilling to accept this area prior to reconstruction of the bridge. $18,000 is budgeted in FY83 for design and $198,000 in FY84 for construction. 9. PROJECT: IOWA AVENUE BRIDGE COST: FY82 $ 60,000 FY83 $74- TOTAL Description - This project would completely rehabilitate the existing owa venue bridge over the Iowa River. An extensive rehabilitation project has been recommended by our engineering consultant. 10. PROJECT: BURLINGTON STREET BRIDGE I COST: FY83 $ 80,000 FY84 $820 000 TOTAL 900,000 j Description - This project provides for an engineering investigation and subsequent design and reconstruction of the eastbound bridge over the Iowa River at Burlington Street. 11. PROJECT: RECONSTRUCTION OF THE BENTON-RIVERSIDE INTERSECTION COST: FY84 $275,000 for right-of-way FY85 $550 000 TOTAL P25,'000 Descri tion - This project would provide for construction of five lanes on vers a rive (two lanes each way and a left turn lane) and construction of three lanes on Benton Street. The project would involve acquisition of right-of-way, replacement of pavement, additional turn lanes, and new signalization to reduce congestion and improve safety. i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES W111ES 6 12. PROJECT: MELROSE AVENUE CORRIDOR TRAFFIC IMPROVEMENTS COST: FY82 $250,000 Descri tion - As an alternate to the Melrose Avenue diagonal, this project Provides two lanes in each direction between Riverside Drive and Woolf Avenue near Kinnick Stadium. To accomplish this, Melrose Avenue must be widened to four lanes between Woolf Avenue and South Grand (South Grand runs north -south in front of the Field House). Additional improvements would include widening of South Grand between Grand Avenue and Melrose to three lanes to allow bus traffic to continue to operate northbound to pick up passengers in front of the Field House. 13. PROJECT: CITY SHARE OF EXTRA WIDTH PAVING COST: FY81 $50,000 Description - By City ordinance the City pays for any subdivision street in excess of 28 feet wide. The concept is that collector and arterial streets serve the general public and should be paid for fro:a general City revenues. 14. PROJECT: SCOTT BOULEVARD COST: FY81 - Phase 1 $400,000 FY82-FY85 - Phase 2 $800,000 After FY85 - Phases 3 & 4 $650,000 TOTAL $1,850,000 Description - This project would improve Scott Boulevard to a paved section 31 feet wide between Highway 6 Bypass and Rochester. The project would be done in four phases. Phase 1 - Total Cost $400,000 -City $160,000 Special Assessment $240,000 This would provide for paving of Scott Boulevard from Highway 6 to the railroad tracks. The roadway would be built within the existing right-of- way with dedication of the land on the west side by special assessment. This would provide truck access to the BDI industrial park via Highway 6. The large City contribution to this project would be necessary since the vacant land will not stand a special assessment. As development occurs additional right-of-way can be obtained. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10t0Es 7 Phase 2 - Total Cost - $800,000 -City Share $200,000 -Developer's Share $600,000 This would provide for construction of Scott Boulevard from the south branch dam to Rochester Avenue. Except for a short segment this phase would be done by adjacent land developers as now occurs in subdivisions throughout the City. The City would need to participate in the over width paving (31 feet versus 28 feet). This phase will take several years depending on the pace of the land development near it. Phase 3 & 4 - Total Cost - $650,000 -City's Share $425,000 -Private Share $225,000 Phase 3 would provide for construction from the south branch dam south to Muscatine Avenue. Right-of-way will be acquired immediately as part of the construction of the south branch detention structure. Phase 4 would be construction between Muscatine Avenue south to the railroad tracks. A large portion of this project would be paid for by special assessment. 15. PROJECT: LINN STREET IMPROVEMENT COST: FY82 $175,000 Description - Linn Street is the remaining link in the downtown area which needs to be improved as part of urban renewal. The curb lines on most of the street are in good shape or will be rebuilt as part of urban renewal construction. This project would provide for some architectural curb line changes and an asphalt overlay between Burlington and Washington. Deficient sidewalks that will not be replaced as part of new building i projects would need to be repaired by property owners. 16. PROJECT: CENTRAL BUSINESS DISTRICT ALLEY IMPROVEMENT PROJECTS COST: FY82 $ 40,000 FY83 $ 40,000 Description - This project would reconstruct two alleys each year for two years. This could be scheduled in conjunction with the underground work to be done by Iowa -Illinois Gas & Electric. 17. PROJECT: TRAFFIC SIGNAL AT IOWA AND GILBERT COST: FY81 $ 15,000 Description - This signal needs the standard justification for installation of a traffic signal based on the number of pedestrians MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RIES E crossing the street. Pedestrian signals are available on Gilbert Street both one block north and south of this particular intersection. If adequate road use tax funds are available to signalize, the project should be done. If adequate funds are not available, the project can be deferred or eliminated since other signals are available for a safe pedestrian crossing. 18. PROJECT: TRAFFIC SIGNAL AT DUBUQUE AND CHURCH COST: FY81 $ 15,116 Description - This intersection meets the warrants for a traffic signal based on accident experience in a previous twelve month period. 19. PROJECT: GILBERT STREET RAILROAD CROSSING PROTECTION COST: FY81 $ 40,000. ($36,000 federal, $4,000 local) Descri tion - Installation of flashing light protection for the railroad j cross ng on Gilbert Street just south of Lafayette Street. 20. PROJECT: WASTE WATER TREATMENT FACILITIES IMPROVEMENT COST: In previous years $ 829,900 FY81 $ 1,680,000 FY82 $ 5,000,000 FY83 $14,000,000 FY84 $10,000,000 FY85 $ 2,500,000 GRAND TOTAL $34,000,000 S70oo.000. Federal $21,125,000 -- State $ 1,375,000 Local $11,500,000 - Description - This project provides for the abandonment of the current waste water treatment plant and construction of an entirely new facility south on Sand Road. This project is necessary to meet federal and state regulations governing the discharge of waste water to the Iowa River. 21. PROJECT: EAST SIDE WATER STORAGE TANK COST: FY85 $770,000 Description - As the City continues to grow on the east side water pressure will continue to drop resulting in poor service to residents. There will also be a negative impact on fire fighting capability due to substandard water flows. This project provides for the installation of a two million gallon underground water tank on the north side of Rochester at Post Road. The land for this project has already been acquired. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoIllES M " 22. PROJECT: WATER PLANT SOLIDS DISPOSAL PROJECT COST: FY84 $880,000 Description - The United States government and State government have laws Iowa River from the Iowa City water treatment plant banning the return of filter backwash and alum sludge discharge t . This pr�jcct will the provide for the construction of two holding tanks to level out flows from the water plant. Alum waste would be discharged to the river corridor sewer now under construction and filter backwash would be recycled to the water treatment plant. 23. PROJECT: ADMINISTRATIVE OFFICE SPACE COST: FY81 $ 60,000 FY82 $440,000 FY83 $100.000 i TOTAL $600,000 Description - This project has two alternatives. The first alternative is an addition to the Civic Center and the second alternative is remodeling of the old library. he choice depends upon whether it is possible to T sell the old library. If the library is sold the addition would be added to the Civic Center. If the library does not sell it could be used for expanding office space. 24. PROJECT: CIVIC CENTER AIR CONDITIONING COST: FY81 $155,000 i Description - The heating and air conditioning system at the Civic Center is inoperative much of the time. Working conditions are intolerable during these time periods. The present system is extremely energy inefficient. This project provides for a new system. 25. PROJECT: CIVIC CENTER ROOF REPAIR COST: FY81 $ 50,000 Description - Repair a portion or all of the roof over the Civic Center. FY81 C.I.P. (FIRE) 26. PROJECT: TRAINING TOWER FACILITY COST: FY84 $300,000 i Description: This project is designed to provide training in all aspects of fire fighting, essentially multistory and high rise buildings, where the need is greatest. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :10111Es 10 FY81 C.I.P. (POLICE) 27. PROJECT: ANIMAL SHELTER COST: FY81 $243,500 Description: This project provides for construction of a new Animal Shelter facility. If constructed the Shelter should meet the minimum standards for such structures and be in conformance with regulations set forth in the State Code. The proposed facility will double the present capacity for holding animals (32 dog runs and 24 cat cages). In addition, j the proposed shelter will provide isolation areas for diseased and injured animals. It is recommended that with some earthen filling, the proposed facility could be located near the site of the present shelter. 28. PROJECT: OUTDOOR POLICE FIRING RANGE COST: FY81 $144,500 Des�criCtion This facility would provide an adequate facility to train owI a City police officers in the proper and safe use and handling of police arms. The range would be used for police qualification firing and would include target frames; hardware; cement and earthen work; range house; control tower; electrical work; fencing and parking. Land acquisition would also have to be considered unless City property might become available. The Department has the personnel and ability to properly train in this and all aspects of police work but surely needs this facility. FY81 C.I.P. (Planning and Program Development) 29. PROJECT: LOWER RALSTON CREEK CHANNELIZATION $ FACILITY IMPROVEMENTS (CDBG/SMALL CITIES PROJECT) COST: FY81 FY82 TOTAL: $ 775,000 $ 695 000 Description: This project is designed primarily to alleviate flooding problems of Ralston Creek in the area from Gilbert Street to Kirkwood Avenue. 30. PROJECT: BIKEWAYS COST: FY81 $105,000 FY82 $ 30,000 FY83 $ 30 000 TOTAL: bttL6_6b Description: Three bikeways are involved in this project which will be coordinated with the Iowa City Bikeways Plan when adopted. The bikeways will be constructed on the west side of Rocky Shore Drive; in City Park between the end of the existing paved trail and the gravel trail (including paving of the gravel trail; and on the east side of the Iowa River between Park Road and the University Music School footbridge. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIo1NES I FY81 C.I.P. (PARKS AND RECREATION) 31.PROJECT: ADDITION TO RECREATION CENTER FOR FOUR RACQUETBALL/ HANDBALL COURTS COST: FY82 $150,000 DESCRIPTION - This project would provide for the design and cosn— truct on of four racquetball/handball courts, each 20' x 40', as an addition to the Recreation Center. Additional handball courts are the most needed sports facility for Iowa City, as identified by citizen and user surveys, and comments to the staff. The addition can be heated by the existing boilers. The site must be secured from the Rock Island Railroad. Some of the existing parking spaces would be eliminated, and the addition would need to be flood -proofed since it is in the Ralston Creek flood plain. 32. PROJECT: SCHOOL DISTRICT -CITY JOINT INDOOR POOL COST: FY82 $250,000 (City's share - 4 of total cost of $1,000,000) DESCRIPTION - There are no indoor pools in the Iowa City school system. The schools have been using the Recreation Center pool for practice and competitive meets. For this project to be successful, it needs to be shared with the school district - both the cost of construction and maintenance - with the City paying approximately 25% of the cost of both and operating the pool in June, July, and August. This would free the Recreation Center pool for its intended use, which is to serve the general public. 33. PROJECT: NEW SWIMMING POOL, CITY PARK COST: FY84 $750,000 DESCRIPTION - This project would replace the existing pool at City Park with a new outdoor pool. The existing pool is 31 years old, and has been leaking water badly. The normal life of an outdoor pool is 25-30 years. At any time, a major breakdown, such as collapse of return pipe, which is under the center of the pool, or failure of the filter system (which was replaced in 1957) could make it impractical to repair, and reopen the pool. 34. PROJECT: NEW NEIGHBORHOOD PARK IN THE SOUTHWEST PART OF IOWA CITY COST: FY81 Approximately 8 acres, $80,000 DESCRIPTION - This project is needed to provide a new neighborhood park and sports field in an area of the city that is rapidly expanding. Because of the nature of Willow Creek Park, it is preferable to have open field sports activities in another location. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 12 35. PROJECT: NEW NEIGHBORHOOD PARK IN SOUTHWEST PART OF IOWA CITY COST: FY82, 8 acres, $90,000 DESCRIPTION - This project would provide a new neighborhood park west Of Mil er Avenue, between Highway N1 and Benton. There is no park in this area to serve residents. This would serve existing residents, and the proposed high density area south of Benton and west of Miller. Some of the proposed park has existing shade, and could become an "instant park". 36. PROJECT: NEW NEIGHBORHOOD PARK IN THE NORTHEAST PART OF IOWA CITY COST: FY83 10 acres, $70,000 DESCRIPTION - This project would provide a new neighborhood park in northeast Iowa City, east of Caroline Court, 1'h blocks east of Prairie du Chien. There is no park in this area to serve residents. The site is mostly wooded, and is an excellent wildlife habitat. An excellent nature trail could be developed here. A small area of the park should be developed as a playground, and the balance preserved for its ecological significance. 37. PROJECT: NEW NEIGHBORHOOD PARK IN SOUTHEAST PART OF IOWA CITY COST: FY84 8 acres, $100,000 DESCRIPTION - This project is needed to provide a new neighborhood par approximately 5/8 mile east of Mercer Park. The park is located west of Scott Boulevard, and approximately 1,100 ft, north of the railroad tracks. The area between the park and railroad tracks is a proposed storm water detention area for Village Green South. There is no park in the immediate area, the closest being Mercer Park, which is over used. The area would serve as a neighborhood park and sports field. 38. PROJECT: COST: NEW NEIGHBORHOOD PARK IN NORTH PART OF IOWA CITY FY85 8 acres, $80,000 DESCRIPTION - This project is needed to provide a new neighborhood park north of the proposed Foster Road extension, and south of I-80, west of Prairie du Chien. There is no neighborhood park in the area at present. The park contains some existing shade and is well suited for a neighborhood park containing some open play fields. MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•u[� %mines a: I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Ralston Creek Channel Improvements North Branch Detention Structure South Branch Detention Structure Equip. Service Bldg. Improvement Transit Service Increase/Facilities Bus Stop Shelters Bus Stop Signs Camp Cardinal Road Bridge Iowa Avenue Bridge Burlington Street Bridge Reconstruction Benton/Riverside Melrose Avenue Corridor City Share Extra Width Paving Scott Boulevard Linn Street Improvement CBD Alley Improvement Traffic Signal Iowa/Gilbert Traffic Signal Dubuque/Church Gilbert Street Railroad Crossing Waste.Water Treatment East Side Water Storage Water Plant Solids Disposal Administrative Office Space Civic Center Air Conditioning Civic Center Roof Repair Training Tower Facility Animal Shelter Outdoor Police Firing Range Lower Ralston Creek Bikeways Four Racquetball/Handball Courts School District -City Joint Pool Swimming Pool, City Park New Neighborhood Park (Southwest) New Neighborhood Park (Southwest) New Neighborhood Park (Northeast) New Neighborhood Park (Southeast) New Neighborhood Park (North) CAPITAL IMPROVEMENTS PROGRAM FY81 - 85 500,000 496,000 485,000 610,000 -- 2,091,000 909,450 -- -- -- -- 909,450 608,400 -- -- -- -- 608,400 264,000 240,000 270,000 292,000 -- 1,066,000 726,000 3,143,400 -- -- -- 3,869,400 24,000 -- -- -- -- 24,000 20,250 -- -- -- -- 20,250 -- -- 18,000 198,000 -- 216,000 -- 60,000 740,000 -- -- 800,000 -- -- 80,000 820,000 -- 900,000 -- -- -- 275,000 550,000 825,000 -- 250,000 -- -- -- 250,000 50,000 -- -- -- -- 50,000 400,000 200,000 200,000 200,000 200,000 1,200,000 -- 175,000 -- -- -- 175,000 -- 40,000 40,000 -- -- 80,000 15,000 -- -- -- -- 15,000 15,000 -- -- -- -- 15,000 40,000 40,000 1,680,000 5,000,000 14,000,000 10,000,000 2,500,000 33,180,000 770,000 770,000 880,000 -- 880,000 60,000 440,000 100,000 -- -- 600,000 155,000 -- -- -- -- 155,000 50,000 -- -- -- -- 50,000 -- -- -- 300,000 -- 300,000 243,500 -- -- -- -- 243,500 144,500 -- -- -- -- 144,500 775,000 695,000 1,470,000 105,000 30,000 30,000 -- -- 165,000 -- 150,000 -- -- -- 150,000 -- 250,000 -- -- -- 250,000 750,000 -- 750,000 80,000 -- -- -- -- 80,000 -- 90,000 -- -- -- 90,000 -- -- 70,000 -- -- 70,000 100,000 -- 100,000 80,000 80,000 6,865,100 11,259,400 16,033,000 14,425,000 4,100,000 52,682,500 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES �3V0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OEC IIOIRES December 12, 1979 Neal Berlin, City Manager City of Iowa City 410 East Washington St. Iowa City, IA 52240 Dear Mr. Berlin: Enclosed are preliminary plans and other materials regarding the CBD Streetscape Improvement Project, Phase II, for review by the City Council. The original project schedule called for the const- ruction of the project in three segments: A. Capitol St. and Washington St. paving B. Capitol St. and Washington St. sidewalks and amenities ames engineering and testing C. Clinton St. paving, sidewalks, and amenities company f ii It is recommended that this schedule be altered. Phase A has been ekeCadiaryo/ assecatesrnculler kj assac/atesmc. completed. Because both phases B and C will be constructed beginning in the engineers I ""0 spring, 1980, it is desirable that these phases be combined. recommend, We d0 rveyors planners " however, that the plant materials and the installation landscape architects of the plant materials be a separate contract, to provide the City high 'i a level of quality control without the necessity of working through a generalcontractor. N The Preliminary Plans contilnue y many of the design elements previously used on Washington Street and propertyin City Plaza. eadjacent areas have beendesignedwithUniversity extensive participa- tion by the University's consultants and staff, and contain a number of features requested by them. The Project Schedule has been structured to minimize the conflict with the closure of Madison Street for Corridorthe River Sewer Project. ltoladhereetolthe important,however,that webeable schedule, which requires early guidance from the City Council, and approval to proceed with final plans and specifications. 2730 Ford street. p o. box Bol. The Preliminary Cost Summary identifies total ames. iowa Soolo , Project costs for the Council's information. 15151 272.7271 �3V0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OEC IIOIRES Mr. Berlin page 2 These costs are for the complete balance of the sts tbe andject. The Old Capitol oAssociates swould hared reduce thisy the for the City. tota We look forward to meeting with you and the City Council on Monday, December 17. We are prepared to discuss the project with you i time.n detail at that _ Sincerely you s, ,0 -} . :�/ Jack Leaman,�2CP SLA ~04- Director of Landscape Architecture and Land Planning Services HICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES o?_3yO I 0 PRELIMINARY COST SUMMARY Iowa City CBD Streetscape Improvement: Phase II -B CAPITOL STREET East Side $ 69,000 West Side 146,500 Snb Total $218,000 WASHINGTON STREET South Side North Side 95,000 80,000 Sub Total $175,000 CLINTON STREET Sub Total $520,500 BURLINGTON STREET Sub Total $ 22,000 i I TOTAL ESTIMATED COST $933,000 Ames Engineering and Testing Company December 12, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101NES 123YO 9 JORM MICROLAB CEDAR RAPIDS•DES I-0DIIIES mi a UlW �7 1Z w 6 V Z 0 2 } � w_ v 7 t 111 z T �C } Q Q z U d a � � Vv a l� tl �j Z C_ vv U p 7 tl 9 JORM MICROLAB CEDAR RAPIDS•DES I-0DIIIES mi a UlW �7 1Z w 6 V Y ' • .tl I IN � t ^ ie . 9 I I {{)7 � C017(rB'l'B Sea. dies! Corr�tAlp E eon�reAe r. tNG NG BU/GAO/�/b j i ti ° zoo �WASHINGTON STREET AMENITIES CONC -r MAN � pNAZE 1L•S yTfZfnCTUGAPE IMp120YEMENYS IOWA GI'TY IOWA AP(1B6 faN&INEEJUN& ANO TESTING carArpNY JULY f979 REVfSGD. TH¢°ubH 11• IG�'79 MICROFILMED BY JORM MICROLAB CEDAP RAPIOS•OF: 'IOIDE S Wa Atwo fhia ares. 1 /Kwa P, 1, 1l t m NMI mNMI 0 elm P E /v T A e- A2 E S 7- J � Traditlona/ Pedtstria.� Li9/tt wifh Trash Recepfac% ` Brick Crosswalk Trea in Crate Bvpc h con--* wa/kauatr /---Pe4Pltriern U9/rl (4-tobe) 3 I O G O G A p/ T O L G E N "r E R MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE', 'IOIIIE; 1� r t P E /v T A e- A2 E S 7- J � Traditlona/ Pedtstria.� Li9/tt wifh Trash Recepfac% ` Brick Crosswalk Trea in Crate Bvpc h con--* wa/kauatr /---Pe4Pltriern U9/rl (4-tobe) 3 I O G O G A p/ T O L G E N "r E R MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE', 'IOIIIE; JE S T walkway ¢dPIlLri/n U9/,t (4- �: t�zNand Bus Sh¢hlar '""'FOa�+chos in sy, Axc) rick Crosswalk Prdostrian Liryht and Trash Receptnc% NO - r Brie Wa/.i-way ;-6anch S , I, •I MICROFILMED BY JORM MICROLAB CEOhit NAI'IU$•Uf'• 9010Cs rick. Crosswa/k �Prdastrian (,fight • and Tresh Receotvc% Brick Walkway -Bauch - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE, tI0II1C5 W ti b 0 V I L/Nz>qulsT e- ENT 0 J MICROFILMED BY JORM MICROLAB LCOAR RAPIDS•Df., 5101t7FS 0 r� A � r 1 • o i ` '..Bench ane( Gontref¢ Walkw"ty '. Trash Rtceptvc% 41 ;- 1. •t - l-' . /.' '. -�~ pZp P4Rk//V6 RAMP F r. CAPITOL t✓TR EET AME ISI I T_ I EFS GONGEpT PLAN: FH/1i6 IC• % c>Ti<EEr4 GgpC 1MPKGY�fYI�r{T� :t- IONA 6111, IOWA AME6 ENG.lry�EnlN� r4NA 'TLC,~'1tNCr c��+r�ANY JVI.`(r ly'7� 1' RCVlben "T7•IGG'tJfnl-1 11 • I(p •'79 MICROFILMED BY JORM MICROLAB LCOAR RAPIDS•Df., 5101t7FS 0 r� A reel Li ht a/strian 1-;Iht (2- kube) GLINE stow. ^-Te rY) p orarx As pi,o It GYfve ,Retain;n Wall— and sift Rack MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE, MOIgES SRCUR/7-� BeidAL Wa/Ewa i 9rick Cross wa / Concrete Bo//a I'edertrian [i9 �alk wIl y oaa WA I't e Bollard •! an 1.1 ht in Grape Wel.. . COAG/eft N/a/kWdy ENG/NLe�l4/NG BL, ' Ilrmm® I GonL/P?I.t Re fa in in9 Wall Concrete Wal4Way D � OLO CAP/TOL GE°NT�iQ rr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.00. 'IOINES ReeepfQLle Pedestrlan 6!q/� 4 � ENG/NEER/NG BLOC. irlf Wall waj/ --tree+ Ci9ht Pedestrian GioPub (2-kubB� a✓u( Trash Rectptoc% Trash Reeep*ac% ike Rite Pedestr/a✓� 6� ht (2- kub¢) DORM MICROLAB done anrins•or', lu)uIEs orncrete Curb I i mo,�� , L Mm 1 - k CLINTON STREET AMEN (TIES tuAJA crrY` IOW A -M&S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tiollIES my WAII �e WHITE WA Y ti Brie Wu/k wu-- 4' Bench ,-ee,;12 GratE 8' Be neh I Trash Receptacle J� Aele.rfriarl Gid/'if I¢-�ubt� I I 8'Bonch I 5ea7- t 4' Bench Fli 47�- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 10II1F.S /(o" Pedes!-rian Li M C9-,C•ubr) Vick Wall"Way 'imber Pbrnfer O G O G A P/ r o L.7T G E N T E R I L� /\ \Concre-le watkwa B' Bench B' -ick wa/kwa ti / 4' Sench Bicyc/e Tack. k CrOSSwa/k- Trash Reeep-fac/e 4' Dench rn � I � Seat \/ ® f 7-,q//I/c5 S'3 rcN=LER '5 57' e6AIA2 ..JOHNSON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ROIDES t/re'f Lighf' V,_� RO14W SCA 630" (,6 1 Britt C/OSSWa liE GE /OWA 5TA7E BANK 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S MOIRES I% City of Iowa MEMORANDUM DATE: December 14, 1979 TO: City Council FROM: Bette Meisel, Senior Center Coordinator -,_Z, RE: Senior Center Construction Attached you will find material containing relevant data as to the cost of the project and revenue to fund it. The first document was prepared by the architect. It breaks down the major sections of the independent estimate by Burger Construction leading to the total cost of $1,290,400. It then goes on to show those alternates which whould be added to the project and those which could be cut if absolutely necessary. The second document, which I prepared, explains the consequences of cutting each item and the rationalefor completing the project at this time. The final document, prepared by Jim Hencin, shows the present CDBG allocations and the possible distribution of the CDBG Contingency fund. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MD n+ES 2 3 4; f G SENIOR CENTER CONSTURCTION Projected Costs: Revised estimate of Burger Construction $ 1,340,400 Architect amended fee 108,000 Fee to Burger Construction 2,000 $ 1,450,400 Established Sources of Revenue: N16$ 1,006,000 County 100,000 $ 1,106,000 Estimated Cost over Budget $ 343,900 Possible Sources of Revenue: * Historic Grant $ 37,000 Sale of land to Ecumenical 48,500 Return to General Fund of Sr. Ct. Budget (12/30/79-6/30/80) 35,000 Additional CDBG Contribution 200,000 $ 320,500 Additional Funds to be Obtained $ 23,400 * The City Grant application asks for $25,000 to $50,000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES The Architects Office UJehner, Nowysz, Pattschull and Pfiffner 201 day buidrg, Imw cf ty, Mw o 52240 December 12, 1979 Neal Berlin, City Manager City of Iowa City Civic Center Iowa City, Is 52240 Re: Iowa City Senior Citizens' Center (revised estimate summary) Dear Mr. Berlin: As per your instructions, I have asked Mr. Burger to up date his preliminary esti- mate of November 1, 1979 for the above reference project. This revision was based on the completed set of plane and specifications dated November 1979. Enclosed Is the revised estimate plus separate costa for work which may be excluded to order to facilitate planning of the total construction budget. The revised coats are as follows: 1. .General Contract --------------------------------------- $680,450.00 2. Elevator -------=------------------------------------- 40,000.00 3. Mechanical Con[ract------------ -------------------- ----- 447,000.00 4. Electrical Contract ----------------------------- -- ---- -- 122.950.00 TOTAL-- ---- ------------------ —------------- --------------- $1,290,400.00 5. Alternate1011--------------------------- add 20,710.00 Exterior concrete work on Washing ton•Street. 6. Alternate 021 -------------------------------------------- add 17,680.00 Exterior concrete work on Linn Street 7. Alternate 03: -------------------------------------------- add 45,000.00 Kitchen equipment (allowance 50,000) 8. Alternate 04: Square foot price for wall covering, add $1.00 per square foot. rokuld wehner wllllom nowVsx rkhord pottscWl John pf ff rrw members of the omedcon Institute of architects TEL. 319.338.9715 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIONIE5 Mr. Berlin r, December 12, 1979 Page 2 9. Alternate d5: --------------------------------------------- deduct 98,850.00 Work on second floor (outside of that required by stairs and elevator shaft). 10. Alternate U6: --------------------------------------------- deduct 84,000.00 Leave out mezzanine floor entirely. 11. Alternate 07: --------------------------------------------- deduct 22,000.00 Repair roof versus total replacement, 12. Alternate A8: --------------------------------------------- deduct 50,000.00 Install storm windows versus all new windows, 13. Alternate p9, --------------------------------------------- deduct 5,000.00 Eliminate loading dock and install stairs and landing. 14. Alternate 010: -------------------------------------------- deduct 7,000.00 Replace all carpeted areae with vinyl asbestos tile, 15. Alternate 011: -------------------------------------------- deduct 6,000.00 Replace wood floor with vinyl asbestos tile. If you have any questions on any of the above, please contact me at your convenience. Yours Very Truly, The tArFPATTS + PFIFFNER W1111= Nowyez, AU ,WN/bw V N MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES i SENIOR CENTER CONSTRUCTION Projected Costs: Revised estimate of Burger Construction Architect amended fee Fee to Burger Construction Possible areas of Reduction in Cost Eliminate Mezzanine Consequence - a) County may withdraw their $50,000 contribution which was directed specifically toward this portion of the remodeling. b) Library, Multi office space, Conference Room, Program specialist office moved to 3rd floor. Limited space available for any City office. Actual savings if the above occurs Eliminate 3rd Floor Consequence - City loses 7,160 feet of office space and continues paying $17,556 per year for 3,580 sq. ft. of inadequate, inefficient and inaccessible space. If the City were to occupy this space for 5 years. they would save a minium of $87,780 in rent. The present 2 year contract contains an escalating clause after 1 year. Thus, one can be reasonably certain that the savings to the City would increase each year. Repair Roof rather than replacing Consequence - A patch job could not be expected to last as long as a new roof. The City would have to E; plan on further repairs in the future. At some point even repair might not solve the problem and a new roof neeaed after all. Retain existing Windows Consequence - Adding storm windows to crumbling frames and heavy awkwaro-to-operate windows will cut down on heat loss. However, as with the roof this would be a temporary rather than a final solu- tion. Money not requested now would be spent in later years in repairs and replacement. Eliminate Loading Dock Consequence - Because the first floor is not on ground level,stairs and a platform would need to be built in any case. The dock would be more con- venient both for deliveries and to aid the volunteers delivering the heavy boxesof meals to the homebound elderly. 01;7... _V MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES $ 1,290,400 108,000 2,000 $ 1,400,400 $ 84,000 34,000 22,000 50,000 5,000 Replace Carpeting with Asbestos Tile 7,000 Consequence - Tile is harder on the feet and adds no warmth to a room. More over, it has an institutional "feel" which in the high ceiling spaces of the center will be accentuated. It also provides no sound absorption. Replace Wood Floorin Dining Room with Asbestos Tile 6,000 Consequence - Same as above. In addition this space is planned as a room in which to dance and to hold public meetings. Wood is a better flooring for physical activities and for sound absorption than tile. In conclusion, certain decisions must be made at this time: 1. Should we complete the building at this time? 2. Should we allocate funds today or depend on future funds for additions or collections? 3. Should we continue to pay rent for office space or invest the money in a City owned facility? 4. Are we prepared to meet increased demand for programs and services resultant from a rapidly increasing elderly population? 5. Does the actual allocation of local money reflect the Citys commitment to the elderly population? In 1978 when the allocation of 1 million dollars toward the renovation of the old post office was made, it appeared sufficient. In early 1978 the architects estimated that they could renovate only the basement and 1st floor for the sum. The present estimate, based on 1980-81 construction, is that it will take 1 million two hundred thousand to complete just the 1st and 2nd floors. It is difficult not to conclude that inflation is eroding our construction dollar. Unless there is a major turn around in our economy we cannot expect tomorrow's dollar to buy more than today's. In fact, we can expect it to buy less. Completing the entire project as quickly as possible would appear to be far more cost effective than planning to complete it in stages. The elderly are the fastest growing minority in the country. Presently 1 in 5 Americans are over 55. In the 70's whereas the general population grew 5% those over 65 grew 18%. Iowa is one of 9 states with a population of 12% or more. Johnson County elderly are estimated as being 10% of the population. Senior Citizens are yearly becoming more politically aware of their power as a group to demand those services or programs which address their need to remain independent and their desire to maintain an acceptable quality of life. We have an opportunity in Iowa City to build a model Senior Center, with what will become cheap space,,to expand Center activities as the population and the demand grows. Instead of waiting until future Federal regulations and citizen expectations force us into providing these spaces, we are able at this time to anticipate demand and plan logically for Vie present and the future. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMts 1 City of Iowa City MEMORANDUM DATE: December 14, 1979 TO: City Mangers and City Council FROM: J. Jim Hencin, CDBG Program Coordinator RE: CDBG Budget / Senior Center Project j Following our staff meeting on the issue of SMSA designation with HUD officials in Omaha on December 3, we determined that the City's fiscal year 1981 will involve the transition from hold -harmless entitlement and Small Cities discretionary CDBG programs to a metro- politan formula entitlement program. We expect to proceed in a manner as outlined on the attached schedule. Concurrent with Council's consideration of the revised Senior Center plans and construction budget, we are asking you to review the allocation of unemcumbered CDBG funds which we anticipate at the end of FY 80. No firm decisions on reallocation are requested at this time; however, we recommend that Council set aside $200,000 from the CDBG Contingency (see attached FY 80 budget statements) for the Senior Center project. sIt should be noted that this amount may be off -set by funds received from the sale of the Block 64 hotel site. I will be available to answer any questions regarding this information. a Y. 3 is 1 n i I I i 023 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES City of Iowa city MEMORANDUM DATE: December 14, 1979 TO: City Council / City Manager FROM: Rosemary Vitosh, Director of Finance R_J RE: FY81 Budget Revenue Projections and Financial Status The following information provides our current projections on revenues which will be used in preparing the FY81 budget. All revenue figures are subject to change. The tax dollars and levy amounts shown on Page 2 are by no means final but are presented as a starting point. As budget discussions continue, decisions made on program cuts, program additions and changes in other funding sources will in many cases change the total tax dollars needed and the resulting tax levy. Council will be presented sufficient information during budget discussions to monitor the tax levy amount and will be able to determine how budget changes will increase or decrease the tax levy amount. These revenue projections do not include increases or decreases in any fees currently being charged by the City, however, the Council will be presented recommendations on some fee changes as a part of budget discussions. a 3 41--� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIEs RECEIPTS - FY81 The FY81 receipts will be presented in two parts, first by source of income and second by fund. Source of income is defined by the type of receipt and the method by which the City is paid. These receipts are credited to the fund established by the function or service provided by the department or division. PART I Total receipts include seven major sources of revenue and the transfers between funds. The transfers do not increase available dollars but do allow one fund to be reimbursed for administrative expenses, services provided, etc. from another fund. Special revenues not included in these revenue projections are the CBD Block Grant Program, Leased Housing, Urban Renewal, Police and Fire Retirement, and Small Cities Program. Also, only the interest income portion of the Capital Projects Fund is included. Each of the seven major sources is explained more completely using the letter designation in the figure below. SEVEN MAJOR SOURCES OF REVENUE A. PROPERTY TAX 1. General Fund Levy i The General Fund levy for FY81 is expected to be $4,765,040 or an 8.1% increase over FY80. The General Fund levy cannot exceed the 8.10 per thousand limit imposed by Chapter 384.1 of the Code of Iowa. In addition, under Chapter 384.1 the City may levy for agricultural land not to exceed three dollars and 3/8 cents per thousand of assessed value. ($5,783). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Source Projection for FY81 % of Total A. Property Tax* $ 7,227,420 44.53 B. Charges for services 4,060,315 25.02 C. Intergovernmental Revenue 2,881,564 17.76 D. Use of Money & Property 1,300,517 8.01 E. Fines & Forfeitures 335,500 2.07 F. Licenses & Permits 234,600 1.45 G. Miscellaneous Revenue 189,040 1.16 TOTAL $16,228,956 100. on **** A. PROPERTY TAX 1. General Fund Levy i The General Fund levy for FY81 is expected to be $4,765,040 or an 8.1% increase over FY80. The General Fund levy cannot exceed the 8.10 per thousand limit imposed by Chapter 384.1 of the Code of Iowa. In addition, under Chapter 384.1 the City may levy for agricultural land not to exceed three dollars and 3/8 cents per thousand of assessed value. ($5,783). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2 **** TABLE I THREE YEAR PROPERTY TAX REQUEST AS ALLOCATED j FY79 Actual FY80 Estimate FY81 Budget *General Fund Levy* $3,820,514 $4,448,270 $4,807,171 Tort Liability 208,547 263,306 0 Debt Service 1,153,316 952,851 Trust & Agency 494 083 1,509,024 596 327 Subtotal 5,6 ,460 905 442 54 ,260, 2 ,63 Ag BITOTA & Land 6 308 5 783 5 , 7 , 4 0 $� 16 X62 2� *Includes: Monies & Credits - $28,416; Military Credit - $13,715. i TABLE II OF ASSESSMENTEPERA10000TY OFRTOTALXASSESSEDSON VALUATION* FY79 Actual FY80 Estimate FY81 Budget General Fund 8.100 8.100 5 Tort Liability ,447 8.100 b Debt Service 2472 .484 --- . 1.752 4 Trust & Agency 1.059 2.570 1.096 Subtotal 1P— 1.539 11.432 12.209 ' yya 9 Ag Bldgs. & Land** 3.004 3.004 * Assessed valuation for FY81 is $588,276,551. **Assessed valuation fo FY81 for Ag Bldgs. & Land is $1,925,145. i **** As iFi FY80, the City's assessed values (the values upon which the property tax levy is based) I are being subjected to a rollback. In FY80 this rollback was .782516 on residential I property and for FY81 the rollback will be .643801 on residential property. In projecting the property tax revenues for FY81 it should be noted that the state legislature is considering an additional rollback of .89 on commercial property and utilities. This j would mean General I I i j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES r. O rw �e 9nn Htiw n+n.a; _ _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M- 3 Fund property tax receipts increasing at a lower rate than in the previous fiscal year. This rollback is included in the above projections as we anticipate that the state legislature will approve this rollback. 2. Tort Liability During the past two years, an amount had been levied for a self- insurance reserve fund. It has been determined that the levy cannot be used to set up a reserve fund. At this time because of a large fund balance, it will not be necessary to levy in FY81 for tort liability. This fund, therefore, pays for such costs as Insurance Premiums, insurance deductibles, and judgements and damages. 3. Debt Service The debt service levy provides funds for the payment of the principal and interest on general obligation bonds of the City. It can also be utilized to fund the payment of any judgments against the City, unless other funding sources are provided by State Law. The City has issued general obligation bonds for various purposes. Two bond issues for sewer construction and water treatment plant improvements are paid from sewer and water revenues. In addition, two issues include sewer projects as part of the total bond amount and sewer revenue funds the sewer project portions of these issues. The property tax levy does not include any amount payable from revenue funds. The FY81 levy will be for the payment of interest and principal on the general obligation bond issues, excluding the sewer and water projects. In addition, the levy of $44,550 will establish a reserve for bond payments. The City Finance Committee allows this reserve in the amount of 50% of bonds due in the fall of FY81 minus 50% of bonds due in the spring of FY81. The intent of this reserve, is to provide better cash flow for payment of bonds and coupons due each fall and was created at the time cities changed from calendar year to fiscal year accounting. 4. Trust & Agency The Trust & Agency levy established for payment of pension and related employee benefits includes unemployment insurance, workman's comp, Public Employees Retirement System, Social Security benefits, Police Pension and Retirement and Fire Pension and Retirement. B. CHARGES FOR SERVICES Charges for services total $883,815 for the General Fund. The Fire Protection Contract provides service for the University of Iowa, and the Library services include $53,515 for services to Johnson County. Mass Transit receipts reflect revenue based on 2,000,000 riders with an average fare of 21.3 cents. The average fare is lower than 254 due to bus pass usage and all free or special program fees. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIREs 4 Recreation revenue includes $61,000 for admissions and lessons, $19,000 from entry fees and $13,000 from family and group pool sales. Miscellaneous revenue is derived from police escort service, animal control fees, zoning and subdivision fees and other miscellaneous items. TABLE III The Sewer revenue increase from 1979 actual receipts allows a 2% growth rate per year in anticipation of new housing starts plus a $40,000 projection from new industry. Water revenue has shown a strong 8% growth rate in FY79 and the first quarter of FY80 and will be increased by the addition of new industry. Refuse collection will remain at the FY80 level of $2.00 per month per dwelling unit or apartment and $1.00 per month per sleeping room. Landfill fees will remain at $5.10 per ton in FY81. C. INTERGOVERNMENTAL REVENUE Intergovernmental revenue is the third largest source of income which includes state, local and federal assistance. Bank Franchise Tax State of Iowa - Police and Fire Retirement TABLE IV FY79 Actual $ 33,679 60,238 FY80 Budget $ 28,000 59,770 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !TORIES FY81 Budget $ 60,000 1m FY79 Actual FY80 Estimate FY81 Budget Fire Protection Contract $ 217,481 $ 235,000 $ 300,000 Mass Transit 393,058 400,000 425,000 Recreation 93,353 85,085 95,200 Library 50,251 51,980 58,915 Sewer 905,310 887,150 966,900 Water 1,357,673 1,429,700 1,585,700 Refuse 47,084 240,000 240,000 Landfill 320,440 341,700 351,900 Other 3,431,542 37 $3,708',3554 4, 66 700 TOTALServices ,315 The Sewer revenue increase from 1979 actual receipts allows a 2% growth rate per year in anticipation of new housing starts plus a $40,000 projection from new industry. Water revenue has shown a strong 8% growth rate in FY79 and the first quarter of FY80 and will be increased by the addition of new industry. Refuse collection will remain at the FY80 level of $2.00 per month per dwelling unit or apartment and $1.00 per month per sleeping room. Landfill fees will remain at $5.10 per ton in FY81. C. INTERGOVERNMENTAL REVENUE Intergovernmental revenue is the third largest source of income which includes state, local and federal assistance. Bank Franchise Tax State of Iowa - Police and Fire Retirement TABLE IV FY79 Actual $ 33,679 60,238 FY80 Budget $ 28,000 59,770 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !TORIES FY81 Budget $ 60,000 1m 5 Transit Assistance 85,336 Liquor Profits 266,874 Municipal Assistance 270,258 Revenue Sharing 630,090 Road Use 1,314,401 TOTAL 200,000 250,000 270,258 607,616 1 532 582 2,948,226 200,000* 274,528 294,580 594,000 1 408 448 2 88u564 *There is a possibility that a new State transit grant formula could reduce this amount to approximately $70,500. The bank franchise tax is a state tax levied on net income of financial institutions. he state retains 55% of this tax with the remainder divided 60% for the cities and 40% to the county within which it originated. The FY81 receipt projection is based on actual receipts in FY80 of $46,270 and information received from local banks. The State legislature approved special funding for benefits of HF914 for Police and Fire Retirement systems. Iowa City will continue to receive annually the bu gete amount until future legislation changes or ends this funding. State Transit Assistance is state funding to local governments to assist In the operat on of mun cipal transit systems. The City of Iowa City uses these funds for the operations and maintenance of the Transit Division. Liquor profits are 10% of gross revenue of State liquor stores. In FY80, the estimate equaled $5.24 per capita and in FY81 the estimate is $5.75 per capita. State Municipal Assistance distributes state revenues on a ratio of each My s population to total state population, which can't exceed one-half of the city's property tax levy. The FY81 projection is based on $6.17 per capita. General Revenue Sharing is received by the City quarterly and the budget amount Is based on funding throughout FY81. However, present legislation has authorized General Revenue Sharing through September 30, 1980 or the first two quarters of FY81. Pending legislation will determine if the program will be extended for another three year period. Road use tax collected by the State from the registration of motor ve is es, uel tax, license fees and the use tax on motor vehicles, trailers and accessories and equipment is apportioned to each city on a ratio of the city's population to the population of all Iowa cities. The per capita estimate for FY81 is $29.50. This is $2.60 less than the FY80 per capita estimate. Although more cars are being licensed, they are fuel economy models which have reduced gasoline sales. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 D. USE OF MONEY AND PROPERTY Revenue from investments has become an important source of revenue reflecting interest rate increases from 7.5 percent to 9 percent in FY79 to 13 percent in mid-FY80. The FY80 budget will be below actual receipts because of the variance in interest rates. The budgeted amount was based on an anticipated market yielding an average 11 percent rate in FY81. Use of property includes parking revenue for metered and attendant lots totalling $554,000 and revenue from rental of properties totalling $38,822. i TABLE V FY79 Actual FY80 Budget FY81 Budget General Fund $ 67,302 $ 65,000 $ 89,740 Debt Service 3,654 -- 10,000 Capital Projects 295,598 200,000 300,000 Enterprise Fund 603,530 447,390 782,752 Trust 8 Agency 40,787 60,000 40,000 Special Assessment 7,707 -- -- Special Revenue 74 225 28 000 ,504 746,390 1,308 025 TOTAL1, 9 ,517 i � xxxx E. FINES AND FORFEITURES Fines and forfeitures reflect $122,500 for $5.00 illegal parking fines and $122,500 for $2.00 overtime parking fines. Library fines are assessed for overdue or damaged property and fines from Magistrate Court are for collection of fines assessed for violation of the City or State codes such as motor vehicle violations and animal control violations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES x x x x TABLE VI FY79 Actual FY80 Budget FY81 Budget Parking Fines $245,699 $222,000 $255,000 Library Fines 11,996 12,000 18,000 MagistratesCourt 66 795 324,490 50 000 284,000 62 500 335,500 TOTAL x x x x Fines and forfeitures reflect $122,500 for $5.00 illegal parking fines and $122,500 for $2.00 overtime parking fines. Library fines are assessed for overdue or damaged property and fines from Magistrate Court are for collection of fines assessed for violation of the City or State codes such as motor vehicle violations and animal control violations. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDES 7 F. LICENSES AND PERMITS Under licenses and permits major revenues for Housing and Inspection are building permits ($80,000); plumbing and electrical licenses ($3,000); plumbing, electrical and mechanical/heating/air conditioning permits ($15,700); and rental permits ($24,000). Miscellaneous receipts include licenses or permits for bikes, peddlers, signs, trailers, and dance halls. * * * * TABLE VII FY79 FY80 FY81 Housing and Inspection Permits and Licenses $113,643 $109,000 $133,600 Engineering Sewer and Paving Inspection 8,599 2,500 6,000 Animal Control 6,625 6,000 7,500 Beer & Liquor Permits 52,874 53,500 53,500 Cigarette Permits 12,875 13,500 13,500 Burial Permits 12,089 4,000 7,000 Misc. Licenses & Permits 12,089 37,135* 13,500 TOTAL $212,851 $225,635 $234,600 *In FY80, Housing Permits were budgeted under Miscellaneous and in FY81 it is budgeted under Housin- and Inspection Permit— s and Licenses. **** G. MISCELLANEOUS REVENUE **** TABLE VIII FY79 FY80 FY81 $36,035 $112,526 $189,040 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 9 3 Miscellaneous revenues are composed of refunds; reimbursement of expenses and damages; miscellaneous sales; mass transit advertising; sale of grain and commissions or concessions. The reason for the increase from FY80 to FY81 is that workmen's camp reimbursements were not included and we did not budget as conservatively on reimbursements and refunds. PART II The General Fund revenue is used for general operating expenses such as administration, police, fire, library, recreation, etc. The debt service fund revenue must be used for payment of bonds and interest on general obligation bond issues of the City. Enterprise funds such as parking, sewer, water, refuse, landfill and the airport are utilities or services supported primarily from revenues for services rendered. In addition, parking, sewer and water revenues are used to pay bonds and interest on revenue bond issues of the City. In FY81, $223,136 of sewer revenue and $118,750 of water revenue will be MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIEs REVENUE BY FUND TABLE IX Receipt by General Debt Capital Trust Special Source Fund Service Projects Enterprise & Agency Revenue Property Tax $4,812,954 $1,509,024 905,442 Charges for Services 849,815 $3,144,500 $ 66,000 Intergovern- mental 852,980 $ 50,008 $1,978,576 Use of Money & Property 89,740 10,000 $300,000 782,752 40,000 78,025 Fines & For- feitures 213,000 122,500 Licenses & Permits 234,600 Miscellaneous TOTAL 45 650 7,0 3 98 390 4, 148, 1 2 45 000 1 450 1, 1 ,024 30 00 2,056,601 The General Fund revenue is used for general operating expenses such as administration, police, fire, library, recreation, etc. The debt service fund revenue must be used for payment of bonds and interest on general obligation bond issues of the City. Enterprise funds such as parking, sewer, water, refuse, landfill and the airport are utilities or services supported primarily from revenues for services rendered. In addition, parking, sewer and water revenues are used to pay bonds and interest on revenue bond issues of the City. In FY81, $223,136 of sewer revenue and $118,750 of water revenue will be MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIEs transferred to pay general obligation issues which were sold to finance sewer and water projects. The Trust and Agency fund is established to cover pensions and related employee benefits. These include social security, the Iowa Public Employees Retirement System and the Police and Fire Pension contributions of the City. The Special Revenue Fund projection includes Federal Revenue Sharing and Road Use Tax, and interest income from investments of these monies. Although Federal Revenue Sharing funds can be used for general operating expenses, Road Use Tax must be used for the maintenance, operations and supervision of the public streets. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FY81 BUDGET FINANCIAL STATUS According to the Revenue Projections report, total General Fund Revenue is $7,098,743 (Page 8). This amount does not include transfers -in which are estimated as follows: General Revenue Sharing - The assumption is being made that the General Revenue Sharing program will be extended for another three years and thus available for a full twelve months in FY81. The total $594,000 projected to be received will be used in the General Fund to fund Aid to Agencies and Mass Transit. In the FY80 Budget $550,953 was budgeted as General Revenue Sharing funding for these two programs. Road Use Tax - The revenue projection of $1,408,448 will be allocated to Street Maintenance and Traffic Engineering operating costs first with any remainder being allocated to capital project street improvements. Administrative Expense Transfer - This transfer constitutes a reimbursement to the General Fund from Enterprise Funds for general administrative costs and utility billing and collection costs. Since expenditure budget amounts are not finalized, the actual transfer has not yet been computed. An estimate based upon the FY80 budgeted amount is $275,000. $2 Parking Tickets - This revenue is receipted into the Parking Revenue Fund. Since it is not anticipated that it will be needed for Parking Systems Operations, it will most likely be available to transfer to the General Fund at year end. Prior to 1979 and the sale of Parking Revenue Bonds, the revenue from these tickets had been receipted into the General Fund for general operations. Adding the above transfer amounts to General Fund Revenue results in total receipts as follows: Per Revenue Projection Memo $ 7,098,743 Transfers: General Revenue Sharing 594,000 Road Use Tax 1,408,448 Administrative Expense 275,000 $2 Parking Tickets 100,000 $ 9,476,191 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES FY80 budgeted receipts adjusted to be comparable is: Total Receipts $ 9,468,948 Less: Contingency Amount (251,938) Tort Liability Levy 263,306) $ 8,953,704 A contingency amount of 3% was added in FY80 to both receipts and expenditures in an effort to avoid having to formally amend the budget a second time during the fiscal year. It is deducted above because the FY81 budget figures do not as yet include a contingency. As per the Revenue Projection Report, a tort liability will not be needed in FY81. Likewise, the expenditures listed below do not include any expenses which would be paid out of the available tort liability fund balance. FY81 Revenue _ $9 476191 _ 5,g% increase FY80 Revenue$8:953:7044 Thus the FY81 revenue is a 5.8% increase over the FY80 budgeted revenues. Expenditure budgets submitted by all City departments are now being reviewed by the Finance Department and the City Manager. Separate budgets were submitted for the current service level and expanded service levels. A preliminary expenditure total for current service levels only is $10,080,153. This includes a subsidy of $184,206 for Refuse Collection Operations, assuming that the Refuse monthly fee remains at $2 per month. The following expanded service levels (new programs or first-time funding out of General Fund) may be considered necessary additions to the current service levels: Housing Inspection $ 111,276 Senior Center (6 months) 86,074 Asst -Transit Manager 16,388 Total Current Service Level $ 213,738 Level Expenditures 10,080,153 GRAND TOTAL $ 10,293,891 As of these projections, expenditures exceed revenue by $817,700. The expenditure budget requests are being thoroughly reviewed and the total expenditure amount can be expected to be reduced somewhat when the proposed budgets are presented to Council. One alternative for a major decrease in General Fund expenditures is to budget for health insurance and life insurance under Trust & Agency instead of the General Fund. Total group insurance costs included in the General Fund expenditure budget figure above amounts to $349,330. This would cause an increase in the tax levy amount for Trust and Agency of $0.594 per $1,000 of assessed valuation and would enable the City to increase total property tax revenue. This would reduce the variance between total receipts and total expenditures to $468,370. This information is presented to apprise Council of the financial status in the General Fund Budget for FY81. Not taken into consideration in the above computations is the proposed formula for State Transit Grants MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :101nE5 and the possibility that use of such a formula could reduce those revenues listed above by up to $125,000. Included in the revenues listed above is the reduction in property tax due to the expected rollback on commercial property. However, if legislation on this rollback is not passed, it would mean an additional $200,000 could be added to total revenues. Both of these items could significantly affect the variance between receipts and expenditures. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES H P MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES FY 80 CDBG BUDGET CURRENT VS. PROJECTED STATUS ACCOUNT NUMBER/PROGRAM TOTAL APPROVED FUNDS CUMULATIVE FUNDS EXPENDED 10/31/79 ANTICIPATED EXPENDITURES/ ENCUMB. 6/30/80 ANTICIPATED UNENCUMB. BALANCE 6/30/80 8110 CDBG Administration 140,040 71,165 140,04) -0- 8131 Housing Rehabilitation 172,460 71,489 172,460 -0- 8132 Neighborhood Site Improvements 396,510 35,806 396,510 -0- 8133 Ralston Creek Flood Control 1,559,905 35,037 1,259,905 300,000 8134 dousing Code Enforcement 101,000 29,411 101,000 -0- 8135 Aid to Victims of Spouse Abuse 80,000 365 80,000 -0- 8141 Senior Center 986,282 4,555 986,282 -0- 8142 Nelson Adult Center 50,000 50,000 50,000 -0- 8151 Comprehensive Planning 40,775 5,336 25,775 15,000 8152 Human Needs Plan 8,136 8,136 8,136 -0- 8153 Energy Conservation 34,280 3,536 20,280 14,000 8154 River Corridor Improvements 74,050 4,920 74,050 -0- 8160 Urban Renewal Activities 212,797 16,941 62,797 150,000 8171 Architectural Barrier Removal 50,000 54 50,000 -0- 8172 Neighborhood Park Improvements 31,535 8,503 31,535 -0- 8180 Contingency 402,701 -0- -0- 402,701 0 _. PROGRAM TOTALS 4,340,471 345,254 3,458,770 881,701 * Note: See attached statement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Attachment to FY 80 CDBG Budget Status Anticipated unencumbered balance for June 30,1980 is as follows: $ 300,000 Ralston Creek Flood Control - remaining funds for North Branch dry dam 15,000 Comprehensive Planning - may be reallocated to Ralston Creek Flood Control 14,000 Energy Conservation - may be reallocated to Ralston Creek Flood Control 150,000 Urban Renewal Activities - leave intact to pay for outstanding R-14 relocation/acquisition claims and redevelopment monitoring in FY 81 402,701 Contingency - reallocate as suggested below $ 881,701 Contingency must be reallocated to specific projects prior to June 30,1980. Following is a suggested reallocation: $ 10,000 Housing Rehabilitation - FY 80, 312 Administration 200,000 Senior Center - FY 81, Construction Budget 27,693 Senior Center - FY 81, 6 months Administration 77,015 CDBG Administration - FY 81 87,993 Ralston Creek Flood Control - FY 81, North Branch $ 402,701 O Additional funds ($250,000) resulting from the sale of the Block 64 hotel site may be budgeted during FY B1 for the Ralston Creek North Branch project. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES City of Iowa City MEMORANDUM Date: Deramber 12, 1979 To: City Council l From: Rosemary Vitosh, Director of Finance (Z J Re: Purchase of New Library Site Since central libraries are not eligible for CDBG activities, it is necessary for the new library site to be purchased from the CDBG Program. Council has indicated that they wish to sell the old library site for commercial redevelopment and use the sale proceeds to purchase the new library site. HUD regulations require that the land purchase be made when the Library Board takes possession of the site for construction. The bond proceeds will be disbursed over time during the construction period. This allows for the disbursement of the land price to the CDBG program from the bond proceeds at this time. As soon as construction is far enough along to accurately predict the completion and occupancy dates for the new library, plans can be made for the sale of the old library. The current construction schedule projects completion in January, 1981. This would call for marketing of the old library site in the fall of 1980. Any major construction delays would of course change this timing. 'The sale of the old library site would be timed to coincide with the move from the old library to the new library. However, it is possible that a two to three month lag could occur between construction completion and actual occupancy of the building due to the installation of carpeting and the amount of time needed for moving. This would necessitate a temporary transfer from the General Fund of $155,000 to the Library Construction Project Fund. Upon sale of the old library site, the General Fund will be reimbursed from the sale proceeds. If this occurs between January and June, it can easily be taken from the fund balance with little cash flow affect. However, the General Fund must be reimbursed by the end of June in order to avoid cash flow problems due to the low rate of revenue received in the first quarter of the fiscal year. It should be possible during FY82 budget planning to foresee any such problems and make allowances for it in that budget so that a cash flow problem is averted. This temporary use of bond proceeds has been discussed with Lolly Eggers, Library Director and the attached memo did go to the Library Board. bj/sp °235/.3 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES City of Iowa City MEMORANDUM Date: December 12, 1979 To: Library Board From: Rosemary Vitosh, Director of Finance Neal Berlin, City Manager Re: Purchase of Land from CDBG It is necessary to purchase the site for the new library building from the Community Development Block Grant program (CDBG) at a cost of $155,000. The bonds sold for library construction did not include this land cost as it was the intent of the Council to sell the old library building and use the sale proceeds for purchase of the land from CDBG. HUD regulations require that the CDBG program be paid for the land when the Library Board takes possession of the land for construction. The timing variance between the purchase of the new site and sale of the old building necessitates that funds be found in the interim for the land purchase. Therefore, the $155,000 will be paid out of the bond proceeds at this time. When the Library Board needs these funds to complete the project, the $155,000 will then be taken from the General Fund and transferred to the Library Construction Project Fund. The General Fund will be reimbursed at such time as the old library building is sold. Because of the delay in construction of the Library Building, a sufficient cash balance is available in the project fund to allow this payment.to be made without reducing current investments of the bond proceeds. Therefore, this action will not result in a reduction in the amount of interest income already projected to be earned from the temporary investment of the bond proceeds ($329,818). cc: City Council bj3/1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rD]InES City o4 lova Cl Date: December 13, 1979 To: City Council From: Richard Plastino, Director of Public Works Rosemary Vitosh, Director of Finance Re: Assistant Transit Manager/Designated Bus Stop Signs In an earlier memo, it was suggested that the City immediately retain an Assistant Transit Manager and install designated bus stop signs throughout the community. This particular item was discussed at the Monday informal meeting December 17. The expense for these two items is as follows: Designated bus stop signs $15,000 (material only, labor will be absorbed by Traffic Engineering) Assistant Transit Manager - 6 months $10,625 ($17,000 plus 25% fringe benefits for k year) Total $25,625 The source of revenue is as follows: Unanticipated payment from University Hgts. $11,800 Return of 1978 transit grant $13,825 Total $25,625 The City recently received reimbursement for the State portion of the 1978 transit grant. The total received was $69,700. Some of these funds are being used to cover the cost of two extra buses that were started August 1979. $25,000 of this money must also be used to cover the difference between the anticipated FY80 state transit grant and the actual FY80 state transit grant. Another potential source of additional revenue is fare box revenue. Following standard financial procedure, the City was very conservative estimating fare revenue (we estimated it low). It appears that actual fare revenue will exceed the budgeted amount. This means that at the end of the year (July 1, 1980) there will be some amount of additional revenue in the transit system. Additional fare revenue could be used as a source of extra income to fund the Assistant Transit Manager and designated bus stops. We felt it was better to use firm, identifiable sources such as the University Heights payment and return of the 1978 transit grant. In summary, identified available money is available to fund an Assistant Transit Manager and designated bus stops immediately. Public Works does recommend that we start the signing program immediately and begin hiring procedures for an Assistant Transit Manager immediately. . cc: Hugh Mose bj4/8-9 MICROFILMED BY JORM M'CROLAB CCDAk RAPIDS -DES HOMES 231/5 Date To: December 10, 1979 Dick Plastino and Neal Berlin From: Hugh Mose ' Re: FY81 State Transit Assistance At a meeting in Des Moines last Friday Frank Sherkow of IDOT's Public Transit Division unveiled the state's funding formula for FY81. �> As incredible as it seems, the state has developed a formula that is even r t than the former discretionary program, e declares that sustenance fun ing Rs o be assisted by federal programs, and that state operating assistance will be based mainly on improved performance. The new formula is designed to compare each transit system against its performance in the previous year. For instance, ridership, ridership/expense, revenue/expense, ridership/capita, revenue miles/capita, and revenue miles/expense are compared for FY78 and FY79. Also, two subjective performance factors are considered: an overall system evaluation and an assessment of accomplishment of contract objectives. The final factor included in the state's formula is an j evaluation of local transit support. The proposed formula adversely affects all of the larger systems in each of the three categories (large urban, small urban, regional). Operations such as Des Moines, Iowa City, and Region 10 all lose substantial funding, a or show substantial increases. ercen a eowa Cit is the biggest os our state assistance rIB 1 drop by approximate y o , alville, on the other and will actually receive more hand, receives a tremendous increase, dollars ($74,932) than Iowa City. The state's position seems to be that the new Section 18 funding will make up for the lost state assistance. In my view, this is contrary to the intent of the whole Section 18 program, as we are simply substituting federal assistance for local support. Also, this type of formula, which is based on performance evaluation, has been severely criticized by the American Publc Transit Association (APTA), the Urban Mass Transit Administration (UMTA), as well as other transit interests around the country. It is imperative that Iowa City, either singly or in cooperation with the other adversely affected properties, move immediately to pursuade the state Public Transit Division to modify their formula proposal. I understand the end of ec r. We should use all means available, particularly wit legislators, to insure that this formula concept is not implemented. i cc: Rosemary Vitosh Mel Jones bjl/18-19 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES ?10111E5 3516 City of Iowa Ci.y MEMORANDUM DATE: December 13, 1979 TO: City Council / FROM: Dennis R. Kraft, Director of Planning $ Program Developmentl'�J1 Marianne Milkman, Planner/Program Analyst M RE: Riverfront Improvements - Rocky Shore Drive Trail Congress has finally approved the Surface Transportation Act. Appropriations under this Act include $4 million for bikeways nationwide. Steve Larson, Bikeways Coordinator for IDOT, has informed us that neither the State Federal Highway Admin- istration (FHWA) nor the Regional FHWA Office in Kansas City have any information on how these federal bikeway funds will be allocated, nor what regulations will be used. However, they assume the funds will be allocated regionally, with states forwarding requests to their region on a first come first served basis. Larson has therefore suggested that we prepare a preliminary application for federal bikeway funds for the Rocky Shore Drive Bikeway. He feels that the Rocky Shore Bikeway project is a strong one because of the link with the Finkbine Commuter trail which was constructed with 80% Federal Bikeway Demonstration funds. Larson points out that there is no guarantee that this is the way the federal funding will work, but there is a lot of interest in bikeway funding around the state, and forwarding an application by January 31, 1980, would be a good way for us to get a head start. At a meeting on Wednesday, December 12, 1979, the Riverfront Commission recommended that we proceed with a preliminary application as soon as possible, in order to encumber the FY80 CDBG Riverfront Improvement funds to be used as part of the local match. Funding for the trail would be approximately as follows: CDBG (Riverfront Improvement) $ 22,000 Project GREEN 5,000 Federal Aid Highway Act Bikeways Funds (75% match) 81,000 Total $108,000 If it appear) by April 1, 1980, that we will not know whether federal funding for this project will be approved (or if federal funding is not approved), the Riverfront Commission has recommended that as much as possible of the trail be constructed with CDBG Riverfront Improvement funds. With your concurrence, we will proceed with the application for federal bikeway funds at this time, and if necessary, make an alternative recommendation on use of the CDBG Riverfront Improvement funds in April, according to the figures below. a 3y;p - - .-, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ito IDES City Council December 13, 1979 Page 2 Riverfront Commission ReCe1N11011au L1 Funds ($75,000) Alternative 1 Sturgis Ferry Park Boat Ramp Rocky Shore Drive Trail Completion of City Park Trail Administration Total Y 4 e Alternative 2 Use $20,000 22,000 25,500 7,500 $75,000 Sturgis Ferry Park Boat Ramp $20,000 Rocky Shore Drive Trail 47,500 Administration 7 500 Tota] 75,000 DRK/MM/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101rIES City of Iowa City'` MEMORAN UM DATE: Dec r 12, 1979 TO: Planning and Zoning Commis o� ,,_Q. �1 FROM: Don Schmeiser, Senior Plan n /I,/�ui � RE: New Proposed Zoning Ordinance and Map Review and Adoption Schedule Consistent with the Council's desire to "adopt the new zoning ordinance and map sometime next spring" and your desire to submit a formal recommendation to Council concerning said zoning ordinance and map an or before April 1, I have developed a schedule for continued review and ultimate adoption of the zoning ordinance and map as follows: January 3 Regular formal meeting 7 Review of "River Corridor Overlay Zone" with Riverfront Commission 10 Review of "High-rise Multi -family Residential Zone" 14 Regular informal meeting 17 Regular formal meeting 21 Review of "Mobile Home Residential Zone" 24 Review of Zoning Map 28 Review of Zoning Map 31 Review of Zoning Map February 4 Regular informal meeting 7 Regular formal meeting 11 Review of "additional regulations" 14 Review of "sign regulations" 18 Holiday 19 Regular informal meeting - set zoning ordinance and map for public hearing 21 Regular formal meeting 25 General review of zoning ordinance and map 28 General review of zoning ordinance and map March 3 Regular informal meeting 6 Regular formal meeting - public hearing on zoning ordinance and map 10 Formulation of recommendation to City Council 13 Continued formulation of recommendation to City Council 17 Regular informal meeting 20 Regular formal meeting 24 Continued formulation of recommendation to City Council 27 Final recommendations approved. You will note by the schedule that it represents a rather ambitious effort on the part of the Commission to complete review of the zoning ordinance, particularly in review of the zoning map. The Commission, therefore, should make every attempt to review the ordinance at regular informal and formal meetings and/or on Saturdays between January 5 and February 9. Following are the dates of the Saturdays between the above dates: .�23yr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.OLS II01:jtS Planning and Zoning Commission December 12, 1919 Page 2 January 5 12 19 26 February 2 9 Finally, the "Tree Regulations" and the "Flood Plain Overlay Zones" are not indicated for review by the Commission. These sections are regulations and zones which were previously adopted by ordinance and have been rewritten to place them in the new zoning ordinance format. DS/ssw cc: D nis Kraft, Director of PPD 7eal Berlin, City Manager MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FD)Ir1Es City of Iowa Cif, MEMORANDUM DATE: December 12, 1979 TO; Neal Berlin, City Manager City Council FROM: Lyle G. Seydel, Housing Coordinator% RE; Section 8 Preliminary Proposal - New Construction IA05-0043-002 Highview Manor Apartments Iowa City, Iowa Developer: Larry Carlson I. The Des Moines HUD Office has referred the above referenced proposal to the City for comment in accordance with current regulations. Those re- gulations state objections to approval may be based on one or more of the following: (a) The proposed number of dwelling units exceeds the 3 -year HAP goal by housing type or by household type. (b) The proposed location is not within the locations in the applicable HAP, and is objectionable for specified reasons. (c) The proposed housing assistance is inconsistent with any other limiting factors set forth in the HAP. The regulations also state that the local government may choose not to com- ment, and, further, that other comments relevant to a determination by the Field Office may be offered. 2. The proposal was submitted by Larry Carlson, Moline, Illinois. It con- tains provisions for 100 two-bedroom units, (10 Buildings, 2 story) placed on a tract of 12 acres situated at the Southwest quadrant of the intersection of Highway 1 and Old Dubuque Road. 3. The parcel is now zoned RIA and could not be developed at proposed den- sity without rezoning action. The comprehensive plan designates the area as "Office and Research Park"; therefore, before rezoning could be accomplished, the Comprehensive Plan would have to be amended. The terrain in this specific instance is quite rough and contains several sharp ravines and probably is not suitable for Office and Research Park Development. 4. Development at proposed density could be serviced by public utilities. Water, sewer, gas, electricity are, or will be, available at or near the site. S. The city bus passes the proposed site twice in the morning and twice in in the evening. The nearest regular bus stop is at Prairie du Chien Road and North Dodge Street, approximately 'i mile from the site. �? 377 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 2 6. The three year housing program goal (July I, 1979 - June 30, 1982) is as follows: Housing Assistance for Renters = 265 (40 eldc-rly (202 Small Family (23 Large Family Further broken down as follows: New Rental Units = 145 20 Elderly 11.6 Small Family 9 Large Family Rehabilitation 20 10 Small Family 10 Large Family Existing Sec. 8 100 20 Elderly 76 Small Family 4 Large Family In view of the above the propos.; is in accord with the HAP. 7. It is recommended that HUD be er,..uraged to approve the allocation but advise them of the potential problem with zoning and suggest the developer submit an alternate site(s). LGS/cf FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES CITY OF IOWA CITY CIVIC CEITEf? 41U E WASHINGION SI IJVVA CI1Y 1CM/A 5224(-) (319) SS•=; 1=;'.:. December 12, 1979 Norman C. Jurgens, Supervisor Department of Housing $ Urban Development Des Moines Service Office Federal Building, 210 Walnut Street Des Moines, Iowa 50309 Re: Letter Your Office dated December 6, 1979, Subject: Section 8 Preliminary Proposal - New Construction IA 05-0043-002 High View Manor Apartments Iowa City, Iowa Developer: Larry Carlson Dear Mr. Jurgens Pursuant to 24 CFR Part 891.204, the following comments are provided concerning the Section 8 Preliminary Proposal referenced above: a. The proposal is in accord with the Housing Assistance Plan submitted and approved for this city. b. Utilities (water, sewer, gas, electricity) are avail- able at or near the site. c. The city bus passes the site four times daily --current schedule is 7:30 $ 8:00 a.m., 4:00 6 4:30 p.m. Nearest regular bus stop is approximately ]S mile. d. Current zoning will not permit development at proposed density. The Comprehensive Land Use Plan designates the area as "Office and Research Park"; therefore, rezoning to a residential designation would require amending the Comprehensive Plan. This would be time consuming and there are no assurances that the area can or will be re- zoned to permit development at the proposed density. e. The city is pleased to know that private enterprise is willing to participate in providing housing for low in- come l�mlilies and encourages approval of the allocation of units to this community. The proposed site is ques- tionable; therefore, it is suggested that the developer be asked to select an alternate site or sites. Sincerely Robert A. Vevera Mayor cc: Eastern Iowa Association of Regional Planning Commissions MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOINES M r o? DEP, 1 DEP. EM ENT I OF HOUSING AND URBAN G +' IIIIIIII i•r, cLOPMENT SERVICE OFFICE FEDERAL RUILDIND, 710 WALNUT STREET •�!"O �� DES MOR! CS, IOWq 50707 RN(IIU\ V11 PrA. uJ 011e. IWiLhr y; r,Il Wb luw 4N n.l ,114101, December 6, 1979 Honorable Robert A. Vevera Mayor of Iowa City i City Hall Iowa City, lows 52240 aDear Playor Vevera: Subject: Section 8 Prelininary Proposal - New Construction IA05-0043-002 High View Manor Apartments Iowa' City, Iowa DEVELOPER: Larry Carlson IN NI:V�y MEIEN 141 We have received and are considering a Preliminary Proposal to develop housing in your jurisdiction under the Section 8 Housing Assistance Payments Program for new construction. The proposal consists of 100 units at Route 1 and Old Dubuque Road. The proposed construction would include the following units: BUILDING UNIT SIZE NUMBER OF UNITS TYPE No. of Bedrooms otafi�jy Ualk-up TwD-herb — Pursuant to Section 213(a) of the Housing and Community Development Act of 1974, your unit of government has the opportunity to object to our approval of any application on the grounds that the application is inconsistent with your Local Housing Assistance Plan as approved by HUD for your jurisdiction. The review criteria to be considered by your unit of government are outlined in Subpart B, Applications for Housing Assistance in Areas With Housing Assistance Plans, of the regulations in 24 CFR Part 891, Review of Applications for Housing Assistance published in the Federal Register October 30, 1978, s MICROFILMED BY JORM MICROLAB CEIIAR RAPIDS -0[s IIOIIIES r'. 2. You are required to submit any objection by your unit of government based on these grounds no later than 30 days after the date of this letter. If your unit of government does not intend to object, please notify us as soon as possible, so that we can expedite the completion of our review. Any other comments your unit of government might have which are relevant to my determination concerning approval of this application for the housing assistance (e.g., site related comments; whether the Proposal is approvable under local codes and zoning ordinances) would be appreciated. Sincerely, ' Norman C. Jurgens Supervisor Attachments P.S. A copy of this letter is being sent to the A-95 State and Areawide Clearinghouses serving your jurisdiction for coordination purposes. cc: Office of Planning and Programming Eastern Iowa Association of Regional Planning Commissions s• 1; as a; 'i a 3v� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES I yuan Apporred EVARAp� OMR NO. 63410676 B I{EPAR Thir F"o1,. INr:ANTI Vk11AN III:Vt:LOPMCNT NfENrl FC DI.n AL IIOUSINLAUAIINISIIIATIrIN .'�iri APPLICATION - PROJECT MORTGAGE INSURANCE 11401 View Manor • ❑M.nu/aewred [yconrentlonwr euW rnA.'NpmWr.-- - IA050043 —DO;�, TO: U.S. Dep[. of Ilou :in); d Urban Uevelopml•ul ' __�ZDf-700 The undersigned •loon she and the FEDERAL ROUSING COMMISSIONER. principal amount It E 221 (d) (4) of the National Housing Act, mid Inun to be accused by National al Hotta , to be insured under the provisions of Section a !fust mortRHEe un Insurance of adduring construction b7 is, ❑ u not desired.❑ Feasibility (Reha),) the property hereinafter described. [I Type it Mortgagor. O Phi ❑ LD ❑ II -S ❑ NI' Permanent hlnrtRsge Interest Itale SAh1A ❑ Conditional ❑ Firm Sect ion 8 7. S .a. Ar1.tlunJrlp- Do".... Personal or Other µatwean S.Wr %..NMA Preliminary A. LOCATION AND DESCRIPTION Of PROPERTY: he Allcorn I. NUe<I Nur. 2:5trretI oliu J. Aluelldpd lty (. Cl... Toll --- old Dubuque Rd. Iowa City 22 b. CoonsY O.Snbmd2lPCode 11.1.,•. Johnson Iowa Z Tyra of holerL ❑ tlavato. a Walkup N, Nu.."oll.4 U. soundest .... : ❑ Row IT.11.1 ❑ pebchad ❑ 7 Stab un Fu11 Pu0.1 L'nwl Va. O 1 Flour. S[mnurel Serol-Iluaehed G1.dr ❑ Hasemen[ I u• inclul Nlen un ❑ H.rnt. ❑ Spare ❑Slab E5 Grade I1. Number of Unita 12. Numhe, 13. List Aer.." HUUding. and An.Lbt 1,l us, tidings o Ree,tlon Flemlle. and Ana C&,apo.rd Revenue Nnn-A.r, 1'lavgrounds, Low Density .�L,bunt 10010 1'rees, Large Green Spaces rmnE SITp rN Chou am,n.• x1,11.111NG INFOIIM ATION 11. DImrnOON: laL 12 Acres I6.Yr.Vuut I6a. ❑M.nu/aewred [yconrentlonwr euW I. by I. by (Lor so. ft. Ned ❑Modulo ❑Cempunenb C..p{ 15.'Lorsinp ltYrnl)'C ! 11, rN1 epi 71CP I6b. Eaterlor F'm1sil 17. Ntmrtunl SY,tem 1<-I (.•ee Letter) 17a. Floor Sy,; lLa.. Ilollna•A/c ) I•.'ood Wood Food Joist F.lec It INFORMATION CONCERNING ' LAND Oil PROPERTY: IU. ti.Ir Ac ved 20. Pureh.- Prier 21, Addltluu.l (:wb Paid •L 2. Ir Lra,ehold Mmual Ground 2,I., 'i:l b. Oust N,d.N .a. Ar1.tlunJrlp- Do".... Personal or Other µatwean S.Wr he Allcorn Renl Totd Cort 11.1.,•. and HYYet 11-29-79 { 84,000 { None s ------ 84,000 clone { .84,000 2S• Utihan: tibµc Co.munt[Y Dialusr 26. Unusual Site Feature.: fm. bill Were, Cy ❑ to Site ❑ Cub ❑ FW. ,.y ❑ µoak Form.tlan. ❑ Erosion None sewers CIC= ❑ to Site 1.'l ❑ Poor Drainage ❑ plRlr Water Table CJ µebinlnt Walla Cl Olhar(SprcUy) ❑ OffSOe imp rove... to C. ESTIMATE OF INCOME: 27. Numbs of Llrin{Ana U nit Ileo! Total Alonitd Family Type Unit (Square Feel)y Reof Composition of Per Month Vnll Type PBR 100 876 sC 2 BR, 1B, k, DA,s 349 $70 I �crr�s r OV 30 iL=F-sI. WO° CASss 12N. T(ITAL ESTIAIATED RENTAMILI' VNITSt'1.'J. NumWt u! PukbR Swed:Attended oh, n No." 200 . per ntnnlh - O- IJ'S,lf Park 200— Corned Nyne. eI' Per."hill - Duund Lrrrl sr.IL,4't_- per M.. t t. I.....InOther Level. 11.. x tPer ro. It.l:nunW34,900TOTAL ESTIMATEDGROSS PROJECT INCCCUPANCY { :12, TOTAL TOTAL ANNUAL RENT (I enOI.1' 12numi IO) * 418,800 aa. l.nn• FI"ur Air.; Net R.M.- ' Ar.idenlial Aru; OS, Net 1lenbbir Cpmmereid Mea: IIf•.600 87,600 M. Il. .a. It. - 0 - ai. M. is. NON -REVENUE PRODUCING SPACE Typr or Employ,, No. IWnmr. Corm osi Onn of Unil Location .l Unit in Pn.feel D. EOUIPME.NT AND SEIf VIdXS INCLUDED IN RENT: ((,lu'r'k .I ) )re enile Ilenl.rl ,17. t: V 111YM t:N T. u lu Inra IGo hr Elrcl EJ U.drwa.hn .l N. SEII VICt:N: ❑Ilea :441. SPECIAL ASSESSMENTS: .V glint 141,1,* Else.) ❑ C.qut ❑ 11.1 war., GAS: [) CouFmt [J Au CnnAluonmt .. ❑Repayable ❑ Non•heor Y.hle Au Cond. IEouip. Only1J Dupe. �_ ELEC.: ❑ Ilnt Ilnt Wan' b. Procip.l knrhrn L.Ir.Nt Iln ❑ hwtmmin Y"nl ❑ Cnnkint ❑ Au CanAmonlnt B.I.C. t _ L.undr, I.rdu.n Q Tennb Chun ❑ Lphp, etc.. in Unit e. Annual Uupu..l [I'Ulba lyy ri0/ OTHER FUEL: ❑ Ileo CI Ilnt W.br Payment f All- l.(i�1IL.L ion i Sl rl'VeS lis❑ WATER 1`j oTREA Trash - ----- d. 7trmunlnt Removal Tom G;;,- ✓ 7-/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :101MES BEST - IPO*QL0IENT ^� kVAR ABLE I. NA11 ES, yll t:SXFs AND TF1.1:1'II(Nf: NI11d If CltN UF'I'III•: FULLIIN'INC: L NYUNM)IIaN): N.nv. AJdr... ,W ZIP CGN.: !-' �; R. CON'TRACTI)It: N.mr. ndda ...e.•1 LII• L'uJ.: Larry Carl::on I �� 3527 12th Avenue �I Flollne, Illinois 61265 TO Ill., NMIIiU Trlrnena. N.lmb.r. (309) 797-8508 �: Trlrnhnnr Mmtlwr J •- _ name. tinny.. �mJ /.IP Cuda^ ;I :1. NI•UNMlIt . Al I (IIrN1.1 : N. mr, Alhoe . an I LII• I: nrle: Don 3'. Nordstrom l "-I I 224 18 Street Rock Island,Illinois 61201 •l'(( Illi NMIRD I' _j T.I.abml. Na ml.rr. (309) 786-714.1 b li...... ........ ._ 14. r— I Name. Addicts and "LIP Cadr, Sam Cnatovicll 3433 52 Street Moline, Illinois 61265 Num �i i.A11C111TECT: Name,Addm..andzll•Cudr. Non Nordstrom Murdstrom 6 Associates 501 Rock Island (tank Rldg, I' Rock Island, Illinois 61201 I' NnmAvr; (309) 786-7143 The undersigned, as the principal spomur of the propuu•d mortgagor, certifies that he is familiar with the proviamns of the Regula• lions of the Federal Housing Commissioner under the above identified section of the National Housing Act and that to the brat of his knowledge and belief the mortgagor has complied, or will be able to comply, with all of lho lu n•quurnnrnls thereof which are pra•n•ry uisik• insurance of the mortgage under such acetion. The undersigned further certifies that to the beat of his knowledge and belief nu information or data contained herein or in lh, es• hibils or attachmen(a listed herein are in any way false or incorrect and that tile) are truly dv.%vriptive of the project or proPrrty which is intended as the security for the proposed mortgage and that (lie proposed construction will out viulate zoning ordinances ur restrictions of record. The undersigned agrees with the Federal llousing Administration that pursuant la the rtnryirements of life F FIA Regulations, la) neither he nor anyone authorized to act for him will drelin , to sell• rent orptjrerwisa• make available any of the properly or hou.ing in the multifamily project ill prospective purchaser or tenant because of itis tilde, color, religion or national•onei'l; (r) he will comply with fa•dMai, stat, ,,if lural laws and ordinances prohibiting discrimination; and (r) his failure ur refuvll to t•ougdy wllh the ra•y uirrnu•nls of either (a) or (b) shall be proper basis for the Commissioner to rejecl rete tp for (afore business with the complyflotation will,idenIt,, ifivil fl to laky any, olhei corrective action he may deem necessary, ! L ��� //�/i� RECEIVED FHA BY Dale: "ovembcr 29, 1979 ..{Sigo. / (/G� _�i L.Lllllwaa) I NOV 30 1979 � t, IfE(ll'l:,il'I'lIR(:f)illll%'Ill:\'l'r ❑l:nnditnnnl UI•irm L CODE CASH SCH 'Ill: l'lildiltal. Hill .il\C lYLIIIiI.i,illh\l:'ll: ta••- —•_-.r hirtunia fu IIIc it the .\'reline. pj Ihr Animin l Ho,,00p :Irl uL•nri/irrl in Ihr Inrrp;uur_ nlrlrLrnhnn wnl 111 I f6•euinGrun upplural.Ir then -to. rrgru•.rt is In•rrbc rnndr aur Ihr utunnrr• rr/n ruuuu mil ......I In in, nrr a nu.rlpgcl• ..nervine der• prup,vlc dr.rriLrJ uL..rr. :I f err-.Ianonnfinn u/ I/,,- upphrtn m naol Ihr i u r c vl r •ptil r, der oadrrnleI'll runsull•r.' It• la he h%orahh• oprop'e'l .uid,l.. inlr2.b•d m aWkilipu loan fit the pnripld .... rmnl of F I•t •y6ft. jfiU I . u lrlr•h will I.r•nr lal.v` rtl til ., willrrquvr n•larvuuvlr uI prinrgad nrr, n prrind o/ nuua chs nrr•nrdolg fn nnrnrMulion Ida", ggn•I•r/tip, ur —_-- Innrrnure of odvnnr,,t during ron.slrucfion El IJ. Ort not desired. 11.0 und�rt¢..nl Ihm Ill,- Iuourring vIpense. in III,, nruuunr o/ g nor e.l. 1.1; .., . '�. til Ihr nrnuunl n/ vnur rnrn roil uu•n I. llr•rrlrlfh it rh". L h•r ,.' Idonn.. Iddract n/.Ilnrltna.•I': 'fu Cr \salla 11 3111111"'t to nripmonvni... that Ito• tool gill n•Inrh a or Irrvnrnf of rhe npphrv:lurn l•'•• rv,p ord LI I // 1 16•r•n .irgnr•J: _�_ IYrmaurd Murl[a[rrl .—... — FOR FHA usr rwi v MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS MOINES ti. � IOWA CITY CRISIS INTERVENTION CENTER 112% E. Washington Street Iowa City, Iowa 52240 Memo To: Crisis Center Funding.Boards From: Kay Duncan, Director RE: Crisis Center Fiscal and Program Activities, July 1 --September 30, 1979 71979 Cribs Line: 351.0140 Business Office: 3512726 Enclosed you will find Quarterly Financial Reports for both the Crisis Center and Transient Services. A summary of program activities is as follows: * Crisis Intervention Procram Crisis intervention counseling, information and referrals, and emergency transportation was provided on a 24-hour, 7 -flays per week basis to anyone who contacted the Center for assistance. Such assistance was provided by trained volun- teers and free of charge. * Food Bank Procram Local residents needing emergency food assistance were pro- vided with canned food items from our food bank and vouchers to purchase perishable food items at local grocery stores. The canned food items and funds for vouchers were donated by local churches. A summary of financial transactions for the program between July -September are as follows: Carry Over $120.80 Income 0 120.80 Expenditures on Food 111,34 Balance $ 9.46 * Spouse Abuse Victim Advocacy Program Specially trained advocates were available 24 -hours per day, 7 -days per week to provide counseling, information and referrals and advocacy services to victims of domestic vio- lence. * Transient Counseling Services 24-hour crisis intervention counseling was made available to transient persons stranded in the Iowa City area without means to,meet their food, lodging and transportation needs. When direct financial assistance was warrented, individuals were referred to the Crisis Center's Transient Service. MICROFILMED BY JORM MICROLAB CEOAR RAPIDS•DLS MOVIES a.3.5 -2- ' A statistical breakdown of number of•clients served will not be available until January, 1980 as our data collection system is currently being changed. Action taken by the Crisis Center Board of Directors during the Quarter: I. Board accepted bids for remodeling of Center to provide for more private counseling space, larger work area for volunteers and more office space for staff and practicum students. Contractor was selected and $1,000 in savings was used to cover costs. 2. Proposed budgets for Calendar Year 1980 and FY80 were approved by the Board. 3. The Board approved contracting for services with Adams Answering Service to patch calls through to volunteers' homes between 2:00am and 11:00am. The current system where callers receive a recorded message and phone number of a volunteer will be etrminated January 1, 1980 and switched over to utilizing the answering service. 4. The Board formed a Staff Advisory Committee at the request of staff. The committee is made up of four Board members j who will assist staff with management and personnel issues. j The Board also adopted an updated organizational chart for the Crisis Center. The next report you will receive will be in January, 1980. Copies: Mary Ann Volm, United Play Carol Peters, Administrative Assistant, Johnson County Board of Supervisors Neil Berlin, City Manager of Iowa City Michael Kuttchee, Mayor, City of Coralville Julia Steffen, Treasurer, U of I Student Senate Ed Heininger, Chairman, Ecumenical Consultation KD/JS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO HIES Iowa City Crisis Into,vention Center FY80 Financial Report--- 1st Quarter ending September 30, 1979 Expenditures Director Actual Proposed Assistant Director Year To Budget Income Date FY80 United Way 3,249.99 13,260.00 Johnson County Board of Supervisors 3,650.00 14,600.00 Iowa City 1,250.00 5,000.00 Coralville 1,000.00 1,000.00 U of I Student Senate 36.00 1,660.00 Work Study Match 571.66 2,800.00 Donations/Reimbursements 100.00 500.00 Sale of Training Manuals 112.00 50.00 Transfer from Brd. Designated Savings 1,360.00 1,360.00 Other (Donated Printing Services) 6.74 ---- Crisis Center Transient Service ---- 400.00 Carry Over in Checking 1,599.79 1,599.79 Total 12,936.18 42,229.79 Expenditures Director 3,000.00 12,000.00 Assistant Director 2,568.75 10,275.00 Work Study Student 843.33 3,500.00 Medical Insurance 247.20 1,039.00 Malpractice Insurance ---- 1,100.00 Employer's FICA 341.39 1,368.00 Unemployment Tax 66.61 324.00 Worker's Compensation ---- 368.00 Office Supplies/Duplication 145.19 625.00 New Goods and Equipment 307.54 200.00 Telephone 434.09 1,775.00 Postage ---- 350.00 Office Rent 900.00 3,600.00 Liability Insurance ---- 180.00 Gas/Electricity 107.25 500.00 Water/Sewer 7.37 75.00 General Supplies 66.94 250.00 Pager Rental 110.79 390.00 Typewtiter Rental 36.00 144.00 Equipment Maintenance 23.96 75.00 Building Maintenance 1,167.38 1,100.00 Printing (publicity) 8.40 300.00 Subscriptions ---- 80.00 Publications 11.75 70.00 Media (ads) 130.92 500.00 Bookkeeping 40.00 720.00 Conference Fees 40.00 150.00 Miscellaneous 23.06 75.00 Answering Service ---- 435.00 Total 10,623.92 41,568.00 Balance Checking $2,312.26 Balance Brd. Designated Savings $2,289.28 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101flE5 Crisis Center Transient Service FY80 Financial Report--- 1st Quarter ending September 30, 1979 Income United Way Churches Iowa City Coralville Donations Reimbursements Other Carry Over Checking FY79 Total Expenditures Food Lodging I Transportation iSpouse Abuse Fund Miscellaneous { Supplies Telephone Postage (Paid to Crisis Center) Bookkeeping Rent (Paid to Crisis Center) Total I f Balance Checking $65.59 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r10 R7E5 Actual Proposed Year To Budget Daee FY80 499.98 2,040.00 617.50 3,257.54 625.00 2,500.00 500.00 500.00 ---- 300.00 325.00 480.00 189.96 189.96 2,757.44 9,267.50 700.25 1,300.00 812.62 3,600.00 693.96 2,000.00 115.23 100.00 237.71 1,000.00 ---- 147.50 52.08 80.00 ---- 50.00 80.00 720.00 ---- 270.00 2,691.85 9,267.50 MINUTES OF STAFF MEETING November 21, 1979 The Finance Director gave a presentation on revenue projections. The City Manager requested the following items from the department heads: 1. What suggestions do you have for increased revenues for the City? Do not limit it to your department. 2. Prepare another level of adjustment downward in your budget. Use the same form for a 15 percent reduction. 3. What suggestions do you have for restructuring the City government that would bear favorably upon expenditure levels? The City Manager advised that he is considering going to the City Council on December 3 with a more detailed explanation of the revenue projections, where we currently stand at the end of the first quarter, and a proposal as to how they are going to handle the budget. We will not go to the City Council initially with a bottom line budget. 'rhe budget proposals will go through the Finance Department and the City Manager's office where they will be analyzed and we will try to construct a preliminary budget. Then we will go to the City Council and review these proposals and ask the City Council to provide some sense of direction in program priorities. There will be so many alternatives to be considered this year by the Council that it doesn't make much sense to bring in a balanced budget for Council consideration. The City Manager noted that with a new Council member, it is an appropriate time to go through things that relate to general operations. For the most part City employees are responsive to the public, however, we do receive some complaints. We are trying to deal with this through the Union. The department heads were asked to stress to their employees that they must be courteous. Also, when a decision is made by the City Council, the staff should accept this decision even if they disagree with the decision. Coordi- nation with other departments was also mentioned. The City Manager stated he doesn't want to be a referee between departments. He encouraged coordination and cooperation with each other and to deal reasonably on a day-to-day basis. The City Manager also encouraged the staff to be conscious of the number of people working on a job. Be conscious of the appearance to the public. Also, there is a need to provide reminders to staff. When directions come to the departments from the City Council or the City Manager, it should not be necessary for the City Manager to provide reminders. Departmental referrals from the Council meetings of November 19 and 20 were distributed to the staff for review and discussion (copy attached). o239*1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610INE5 MINUTES OF STAFF MEETING November 21, 1979 Page 2 Items for the agenda of December 4 include: Public hearing on Magoo's liquor license. The Police Chief will make a recommendation regarding the length of suspension of license. Inspection contracts for parking ramp Resolution on snow removal Public hearing on Block Grant budget amendment The resolution to adopt the Rehabilitation Manual will be put on the agenda of December 13 to allow time for review by the City Manager and Legal staff. Prepared by: / Lorraine Saeger MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES A Informal Council Meeting DEPARTMENT REFERRALS November 19, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES SUBJECT DATE REFERRED DATE ~ RECD M DUE COMMENTS/STATUS W Youth Homes, Inc. 11-19 Finance Make $4,000 advance as requested. One -side parking prohibitions 11-19 Public Wks Relocate signs as discussed to facilitate existing snow ordinance. City -owned land disposition 11-19 H&IS Lyle to ensure that all adjacent property owners are notified when public hearing is held on disposition of various public housing sites. Dennis Kraft provide information or. Block Grant information 11-19 JP&PD Bob Embry to Mary Neuhauser before 11-23-79. Confer with City Manager re, r'- iod Budget - Parks and Recreation 11-19 Parks & Rec of projecting expenditures ana'-' income. Are income projections i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES Regular Council Meeting November 20, 1979 DEPARTMENT REFERRALS 47- IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 w SUBJECT DATE REFERRED DATE DUE COMMENTS/STATUS I RECD TO 9 W Send all correspondence , etc., re. Cook's easement problem to John Steve Cook Property 11-20 Public Wks/ Hayek who will follow up with Cook'; Le al Send notice to Council and Lai ' Assistant Today lynch re. date of next Airport" Airport Commission 11-20 City Mgr 11-21 Commission meeting. Beldon Avenue Zoning Appeal 1-20 Assistant Today 11-21 Advise Mary Neuhauser when hearing City Mgr will be held. Cemetery Wall Project 1-20 Parks 8 Rec Go ahead with sidewalk projecton fill. Rehabilitation Program 1-20 H&IS Discuss with Council at December 3 informal meeting. High poles wobble considerabl' I Floodlights in City Plaza 1-20 P&PD the wind. Is this a design feocure or a problem? Reort to Council cost of supplying Beepers for on-call streets crews 1-20 Public Wks be9pers and answering service. Re. meeting of 11-14-79. Advise Board of Electrical Examiners and Appeals 1-20 H&IS City Manager when notice was posted, le when letters were sent to local ect ci t Was notice sent to Stan Barta? Thru-traffic signs near CBD 11-20 Public Wks 11 Refer to Chamber and Downtown Assn. for Int and then Council for final ri� 47- IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MINUTES OF STAFF MEETING December 5, 1979 Referrals from the informal and formal Council meetirgs of December 3 and 4 were distributed to the staff for review and discussion (copy attached). Items for the agenda of December 11, 1979, include: Resolution setting fees for sidewalk snow removal Appointments A discussion regarding the rehab manual should be added to the informal agenda of December 10. The City Manager advised that at Monday's informal meeting, two of three things will be discussed, depending on how much work is accomplished. The Director of Public Works and the Transit Manager are preparing an extensive memorandum to the City Council about transit routes and schedules plus some background. It appears that will be ready for Monday's meeting. Betty Meisel is getting together a presentation to the City Council regarding the final plans for the senior center, the cost estimates, and the contract revisions. This will go on the agenda on Monday if it is ready. If that is not ready, we will have the preliminary capital improvement projects presentation. The material is being prepared. The City Council will receive a summary of all projects and each department head will make an oral presentation. The department heads were asked to contact the City Manager's office Thursday to see which items will be on the informal agenda. The Assistant City Manager distributed some forms pertaining to the CTIP j (Cormunity Technology Initiative Program). The priority list of needs is being revised. CTIP has furnished ten categories on which they want information. ! The categories do not necessarily align with departments of the City and it will be necessary for department heads to coordinate with other departments to get the needed information. This information should be provided to CTIP by January. The department heads are to contact the Assistant City Manager if there are questions. The City Manager advised that the City Council had turned down the Police contract. A lengthy discussion was held at the informal meeting on Monday regarding fire negotiations and the City is ,just starting to get into negotiations with AFSCME. At the informal meeting of December 10 a discussion will be held on the process of negotiations. The department heads were requested to give to the City Manager any input on roles or responsibility in collective bargaining. The City Manager advised that the capital improvement project presentation will be handled differently. Each project will have the same basic background information. Later on the more traditional detailed financial information will be furnished. The City Manager felt that there are some areas which are extremely weak in the project presentations. He will be reviewing each project from three aspects: 1. What is the relationship of this project to other departments in two respects: a) demand for personnel time, and b) financial resources from other departments. 2. What are the energy considerations? There are a number of projects which indicate energy consideration is "nominal." Adding together the 3S% 4;=-- ...__ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOImES Minutes of Staff Meeting December 5, 1979 �Page 2 number of "nominals" will amount to a significant amount. 3. A detailed time frame. The time frames in the projects are not explicit. This especially applies to Public Works' projects. This will not go to the City Council in the first presentation, but it will go at a later presentation. The subject of an employee appreciation party was discussed. It was felt that perhaps this event should be postponed until after negotiations and budget discussions were completed. It was also suggested that this event was a good time to present employee pins. The Director of Parks and Recreation suggested that awards be given other than the pins which have been used in the past. It was also suggested that five -years service be omitted from the awards program. The Human Relations Director informed the staff about the Human Relations Sunrise Breakfast to be held Friday, December 7, 1979, at the Iowa Memorial Union. This is being held in conjunction with the University's Human Rights Commission. ^Pre paired by: Lorraine Saeger J NICROFUMED BY JORM MICROLAB CEDAR RAPIDS -DES ?I0111ES jpformal Council Meeting December 3, 1979 DEPARTMENT REFERRALS FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .do I17Es 0 W SUBJECT DATE REFERRED DATE DUE P COMMENTS/STATUS RECD TO W dvise on current status of bus IA' P&PD/ shelters and on possibility of Bus Stop Shelters 12-3 Public Wks placing one at the Autumn Park Hhij,_qtnn and when - Advise if an absence of any heig Block 64 Hotel, etc. 12-3 POD limitation complies with the current (and new) zoning ordinance. Postpone appointments one week. Human Rights Commission 12-3 City Clerk/ Staff report to Council on recom- Human Rel mendations from Human Rights Comm. Check with HUD (Bob Embry) re. POD possible changes in regulations on Spouse Abuse Shelter 12-3 (Kraft) relocation payments, etc. No budget hearings to be scheduled Council Budget Hearings 12-3 Finance for third Wednesday of the month due to JCRPC meetings. Re. crew assignments - report of -ne Sanitation Pickups 12-3 Public Wks person on white goods truck and, j on paper pickup. What is rationale? i FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .do I17Es -Regular Council fleeting December 4, 1979 SUBJECT Street Lights Benton Street Bridge Lights, Dubuque and 80 Sidewalk Snow Removal Relrose Court DEPARTMENT REFERRALS DATE REFERRED TO DATRECD DUE TEIPW W COMMENTS/STATUS 12-4 Public Wks Publicize how to report lights out. When will lights on bridge be repaired? Is there any projected date for repair to fused circuits? i Will be rescheduled for further informal discussion on 12-10-79. i Has this been dedicated to the City as a public street? I 1 i i I 12-4 Public Wks 12-4 Public Wks 12-4 MIS 12-4 Legal i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES NEWSLETTER for Lower Ralston Creek Neighborhood STATUS OF SMALL CITIES PROJECT ACQUISITION Acquisition procedures have begun for Phase I of the Small Cities project. Appraisal inspections, conducted by Iowa Appraisal and Research Corporation, have been completed. Appraisal reports will be submitted to the City by December 15, 1979. The appraisal reports will be reviewed by a second appraiser, as yet to be determined, for accuracy and validity. The review process should be completed by February 1, 1980. City Council will establish "just compensation" based on the appraisals and will authorize staff to make purchase offers to each property owner. It is possible that purchase offers will be made by as soon as March 1, 1980. RELOCATION The staff of the Department of Planning and Program Development will begin scheduling interviews with residents and businesses which will be displaced by Phase I of the Small Cities project. The purpose of the interviews is to gather preliminary information necessary for relocation of those being displaced. Persons affected will be receiving informational letters concerning the interviews. Staff will also begin comparability studies to determine current market values of housing which is available for relocation purposes. The comparability studies will be used in establishing replacement housing payments for home owners and tenants and will also serve as a referrals listing. A "notice of displacement" will be issued to eligible residents and businesses effective on the date that the purchase offer is made to the property owner. This notice of displacement will establish eligibility for relocation assistance and payments. The notice will include an estimate of the replacement housing payment which the displaced resident will be eligible for. ENVIRONMENTAL REVIEW RECORD The Environmental Review Record (ERR) for the Small Cities project has been completed. The report concluded that there will be no significant adverse environmental effects caused by the project. A "Notice of Finding of No Significant Effect on the Environment" was published December 10, 1979 in the Iowa City Press -Citizen. The document is available for citizen review and copying at the Iowa City City Clerk's office, the Iowa City public library and the Department of Planning and Program Development. Anyone disag�aeing with the findings of the ERR may submit written comments to the City by December 26. 197y. December 1979 CITY OF IOWA CITY 354-1800 a3S;2--- JORM MICROLAB CITIZEN INFORMATION AND INPUT The application process for the second year of the Sma11 Cities project has begun. A public meeting was held on November 28, 1979 in the Civic Center. A slide presentation outlining the overall three year project was presented and proposed second year activities were explained. A public hearing was held during the City Council meeting of December 4, 1979. A proposed second year budget totaling $775,000 was presented as follows: Aquisition $290,000 Relocation 88,000 Demolition of acquired structures 75,000 Ralston Creek improvements 232 000 TOTAL $775;66 A second public hearing will be held on the finished application for second year funding prior to its submission to the Department of Housing and Urban Development. A timetable for the second year application process is found below. Timetable - Second Year Application Nov. 28, 1979 Public Meeting on application proposals (completed) Dec. 4, 1979 Public Hearing on application proposals (completed) Feb. 26, 1980 Public Hearing on final application March 3, 1980 Submit application to A-95 Clearinghouses March 17,1980 Submit application to HUD CITY OF 1()'.IA CITY UPDSIAI;DEP'. i. 1'i.r•.1Idii'�G & PAID PR0'2:.:*.�i f. EVELOPMENT CIVIC IOWA Ci T Y, IA 52210 "IC Q0 It. If:, H• JORM MICROLAB [-,nKF, .,,,. CIVIC IOWA Ci T Y, IA 52210 "IC Q0 It. If:, H• JORM MICROLAB RECEIVED DEC 6 1979 LEGAL DEPARTMENT. BEFORE THE IOWA CIVIL RIGH' CA441ISSION� * THOMAS J. MILLER, ATTORNEY GENERAL OF IOWA, * Complainant, * CP N 01-79-5630 VS. * CITY OF IOWA CITY and CITY OF IOWA CITY FIRE DEPARTMENT, i * Respondent. i * * * LINDA EATON, * Complainant, * BR•IEF OF COMPLAINANT'S, * I VS. * THOMAS J. MILLER, CITY OF IOWA CITY and * ATTORNEY GENERAL OF IOWA CITY OF IOWA CITY FIRE DEPARTMENT, i * and 3* 99 Respondent:. * LINDA EATON 6 * STATEMENT OF THE CASE Complainant Firefighter Linda Eaton is the only t female firefighter for the City of Iowa City as well as being the first female firefighter ever hired by the Respondent. (T. 64) Only twenty-eight. ppr cent-. (28%) of I:hcr Re;pondunL's work frn:ce i.0 female (T. 82) while Johnson County has a femal.o labor force of rorty--Lhrue per cent (43%) . (111.1.1.97) The Iowa City firefighters work a twenty-four hour shift beginning at 7:00 A.M., during which time they l cannot leave the premises. (T. 447,448) At all times during the shift each firefighter must be on-call to respond to fire alarms and to obey any orders given by supervisors. (T. 11.32 ) At no time did Eaton ever ask to be relieved z of either of these responsibilities. (111. 702,7(14) A It is the usual. custom and practice at the fire sLLlLion during each twenty-four hour workday that there is time BLb. ( DOCUMENT (AVAILABLE • a -3S3 MICROFILMED BY JORM MICROLAB { CEDAR RAPIDS -DES 1101RES -2- during which no duties are assigned to the firefighters. ('11. 1135,1136) On weekdaysthe scheduled duties begin at 8:00A.M. and, though it can take between a half hour and two to three hours to complete them, the duties are usually finished by 9:00 A.M. (T. 449,450) Lunch is served at 11:30 A.M. and until 1:00 P.M. there are no scheduled duties. The afternoon's scheduled duties take one to two hours to complete (T. 459), the evening meal is eaten at 5:00 P.M. (T.464) and the firefighters usually go to bed at 10:00 P.M. (T. 448) On weekends the firefighters' afternoons and evenings are generally free.(T. 528) Firefighters use their unscheduled time to watch television (T.460,615), take naps, read, relax (T. 454,455, 458;459,623,7)4) and engage in other social or personal activities, such as having visitors (T. 469,528) In good weather firefighters sit outside the station'at a picnic table or strand outside visiting and watching traffic. (T. 468,469,556,615) How a firefighter fills his or her unscheduled time "just depends on the individual" according to Firefighter Nathan Hopkins. (T. 459) Fire- fighters eat, sleep, go to the bathroom and take showers at the fire station. (T. 529) There are frequent visitors to the fire department. The public is invited to come to the station to get bicycle licenses and blood pressure tests. (T. 461,465) School children take tours of the department: which usually last twenty to thirty minutes. (T. 463) Sometimes an individual will bring a child into the station to look at the trucks. (T. 464) Spouses, children and friends of the firefighters visited the fire department prior to January 22, J979 (T. 714) and yet no firefighter had ever been suspended for having visitors prior to Eaton's suspension for nursing her child once on January 22, 1979, BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIEs a --3- ccurflinfl Lu I.irc ChiuL' kuhei I. Noo(Anry. ('1'. '752) The only wrLLLen rules in efLec-L in January of: 1.979 regarding visitors were the 1936 Rules and Regulations of the Fire Department which prohibit women loitering about the fire station. (J. Ex. 29) The Chief maintained a loose- leaf notebook of memos which reflected the informal "rules" of the Department, but as of January 22, 1979, there was no written rule relating to visits at the firehouse. (J. Ex. 14) The City now contends that there was an unwritten rule in the firehouse prohibiting "regularly scheduled visits". (T. 373) Complainant Eaton contends that there was no such rule and that having her son brought to the fire station twice during each twenty-four hour shift'to nurse is com- patible with the use of unassigned time. Chief Keating admitted that when he made the decision that Complainant could not have her son brought to the fire station to nurse during her unassigned time there was no written or unwritten rule that guided that decision or covered Eaton's request. (T. 670,671) On January 22, 1979 and January 24, 1979 Eaton was suspended without- pay for the rest of her shift for nursing and on January 24, 1979, she was warned that nursing her child again in the fire department would result in the termination of her. employment. (,J. Ex. 11) It is clear that Linda Eaton was disciplined solely for breasLfeeding her son and not for any violation of a supposed visitors' policy. (T. 725, 382,383; J. Exs. 11,22,23; C. Ex. 43A) In order to halt the City's imposition of disciplinary measures, Linda Eaton petitioned for and was granted a Tem- porary Injunction in the Johnson County District Court. Upon the complaint of the Attorney General pursuant to Chapter 601A.5, 1979 Code of. Iowa, the Iowa Civil Rights $EST Docrimz AVAu,Aj� - IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ♦.. M -4- Commission intervened in this court action and succeeded .in obtaining primary jurisdiction of the complaint. The Iow,i Civil Rights Commission assigned an investigator, whose case summary was completed upon February 20, 1979, recommedd- ing a finding of probable cause. (J. Ex. 24) This finding was agreed upon by the appropniatc staff person, with conciliation being conducLed and upon failure of conr.il.iation, a public hearing was set. Since Eaton has complained of sex discrimination, the i Respondents have taken several measures against her in retaliation: a pattern of monitoring and surveillance began with the start of a:log of visitors to the fire station on January 31, 1979, (Stipiilation);the Fire Chief began j issuing rules and regulations, which would not have been I issued had not Eaton complained of discrimination (T 416,487,596) and evaluations of Eaton's work performance became extremely negative whereas during the first six months of EaLon's i tenure at the Fire Department her evaluations were excellent and she received a merit raise on that basis. (T. 897,931; J. Ex. 11) Complainant Eaton as been i subjected to continual stress as a result of the discriminatory acts of Respondents. (T. 931) i 1 1 t !j I BEM%, DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -5 - BRIEF POINT ONE WAS THERE A SEX NEUTRAL RULE IN THE FIRE DEPARTMENT WHICH IN OPERATION HAD A DISPARATE•' IMPACT ON WOMEN? AUTHORITIES Dothard V. Rawlinson 433 U.S. 321 (1977) Albemarle Paper Co. V. Moody, 422 U.S. 405 (1975) Griggs v. Duke Power Co. 401 U.S. 424 (1971) Wilson -Sinclair Company v. Griggs 21.1 N.W.2nd 133 (Iowa 1973) Schlei and Grossman, Employment Discrimination (1976) International Brotherhood of Teamsters v. United States 431 U.S. I 424 (1977) Firefighter's Institute for Racial Equality v St Louis I 549 F. 2d 506 (8th Cir. 1977) I Hackley v. Roudebush.,5,20 F.2dS108 (D.C. Cir. 1975) Yukas v. Libby -Owens Ford Co. 411 F.S. 77 (N.D. Ill. 1976) DISCUSSION i In order to establish a prima facie case of discrimination the Complainant may show that a facially neutral standard or rule in operation impacts on women in a significantly discriminatory pattern. Dothard V. Rawlinson, 433 U.S. 321 (1977); Albemarle Papdr. Co. v. Moody, 422 U.S. 405 (1975); Griggs v. Duke Power Co., 401 U.S. 424 (1971); Wilson - Sinclair Company v. Griggs, 21.1 N.W.2nd 133 (Iowa, 1973). The Complainant has the burden of proof of showing disparate impact. Griggs, supra; Schlei and Grossman, I Employment Discrimination (1976). However, there is no "inflexible formulation" of what constitutes a prima i facie case. International Brotherhood of Teamsters v. United States, 431. U.S. 324,358 (1977). Proof of discriminatory motive or discriminatory intent is not required. Teamsters, supra; Albemarle, supra; Firefighter's Institute for Racial EaLiality Ny. St. Louis, 549 F.2d 506 i (8th Cir. 1977). Complainant's contend that the "rule" in question BEST DOCUNIENT AVAILABLE NICROFRMED BY JORM MICROLAB CEDAR RAPIDS -DES raDlaEs I i, was a."no breastfeeding" rule while Respondents' contend that it was a "no regularly scheduled visits" rule. Indeed, the City Manager asserted that his staff "excluded breast- feeding in making the decision." (T. 860) The veracity of that statement is open to question, especially since the Assistant City Manager Lesti.f.ied that Linda Eaton's breast- feeding was '!a contributing tactor towards the disciplinary action." (T. 336) Even the City's Civil Rights Investigator, Sophie Zukrowski's file on the matter shows, in :her handwriting, that the bottom line was "no nursing." (T.382, 383; C. Ex. 43A):. The explanation for this conflicting testimony can be found in the fact that the City administration had contact with the Equal Employment Opportunity Commission (T. 37 4) at a key point in the decision-making process and took to heart their position that expressed rules must be facially neutral. (T. 371) The City would avoid the impact of their rule by expressing it as "no regularly scheduled visits" but this is a mere change of form over substance. The defense premised upon the wording of the rule is simply a subterfuge for discrimination. Hacklev v. Roudebush, 520 F.2d 108 (D.C. Cir. 1975) In fact, there was no written visitor policy prior to April 1.2, 1979. (T. 469,470) Prior to Linda Eaton no one had been suspended or threatened with termination for, the number or lenths of visits. (T.397) The outdated 1936 Rules and Regulations of the Fire Department have neither a "no breastfeeding" rule nor a "no regularly scheduled visits" rule. (J. Ex. 29) Nor was there anything in the notebook of memos, which functioned as an informal rulebook, on the subject of. .Length or number of: visits. (J. Ex. 14) After the decision to suspend and terminate, the City went to great lenths to prevent the "no nursing" rule from being arti.cu.latud. For example, the Fire Chiel' asserted BEST DOCUMENT AVAILABLE FIICRDFILHED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i \.. Um L 13a Lon was reprimanded for "imaibordinat.ion." (T. 72`x) The documentary evidence is sufficient refutation: the written letter to her, (T.332) and the Assistant City Manager's press release reveal the emphasis was placed upon nursing rather than visiting .in the creation of the rule. (T. 344) The demeanor and credibility of the City's own employees on this issue was weak. The City's Civil Rights Investigator, Sophie Zukrowski, evaded questions on this topic but finally admitted that the "stated purpo.ge" of the City's rule was i no breastfeeding ori the job. (T.389) Also, the City's Personnel Assistant, June Higdon, testified with smug assertiveness bf her concern as expressed to the City's ! doctor: What is to be done if the fire bell rings and the baby is having lunch? (T. 288) While many city employees initially testified that• Eaton was reprimanded for violating a policy in relation to "visiting -,,their own notes, actions concurrent with I i the event and testimony under cross-examination support Complainant's contention, that the real rule promulgated by the City for Eaton's benefit was "no breastfeeding." However, assuming arguendo that Respondent's rule is "no regularly scheduled visits", it can be demonstrated that even if the rule was fair in form it was discriminatory in operation. First, there wasno documentation of visits until Eaton started breastfeeding at the firehouse. (T.471) Second, there were no firefighters suspended other than Eaton. (T.471) Third, after Eaton star tEd`!nvinq "regularly schdduled visits" I I! i.e. breastfeeding, and Wassuspended and threatened with ! dismissal after only one visit and an announced intent of having other visits, male firefighters were notsimiliarly i treated for the .length or frequency of their visits. For example, Firefighter Dick Craig was not suspended for visits i longer than twenty minute, (T. 562), nor was Firefighter Steve BEST DOCUMENT AVAILABLE FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES NOIRES PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RE5 Dolan (T.601), nor was Firefiqhtor Jesse King (T.622), nor ) was Fi of ightor llill Crow (!%-50), no a:lr ,,, 1 hr+ wa l r+ ( 1 Yf'( I+J 111 r.t •. who had ninety visits in oxc•us:; of twenty minutt•:1 llttoL Linda Eaton started breastfeeding. And while the "no regularly scheduled visits" rule evidently applied to suckling babes, it did not apply to other regular visitors who happened to be adults. (T748, 749) { Therefore, it is apparent that the "rule" as articulated ( by the City was not uniformly applied to the male firefighters { i and the only female firefighter, Linda Eaton. If the rule was as the City contended, "no regularly scheduled visits", then its disparate impact is demonstrated in its pattern of application only to Lhe woman in the fire department. Yukas v. Libbv-Owens Ford Co. 411 F.S. 77 (N.D. I.11. 1976) Once the verbal subterfuge is eliminated, we are faced with the rule it its real terms: no breastfeeding. It is axiomatic that breastfeeding is gender specific to women. As testified to by the City's breastfeeding expert, Dr. Pitkin, on medical grounds there are no objections to a child being breastfed in the work place. (T. 237) While breastloodi.ng has exLencled thrOLIghoul: human history, bottle feeding has been practiced for only about sixty years. (T.250-51) The reliance of women on this natural method of infant feeding is increasing (T.257) and his "opinion is that all other factors being as they are, the best food for the infant ... is human.•.milk." (T.236) The City's second breastfeeding expert, Dr. Fomon, reiterated the increasing popularity of breastfeeding, I (T. 1023) and explained that the age of natural weaning in literate societies was between eighteen and twenty- four months. / BEST A "no breastfeeding" rule will never be able to DOCUMENT AVAILABLE be applied to any man. The increasing popularity of breastfeeding indicates it can only be applied, inereasinctly, to more and more women, and indeed, City Manager Berlin PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RE5 -9- testified that he expects the issue to come up again. (T. B64) Thus, the Complainant has met her burden of showing the disparate impact of a facially neutral rule i' or standard of the Respondent. BRIEF POINT TWO IS THE DISPARATE IMPACT OF THE RESPONDENT'S RULE i � JUSTIFIED BY BUSINESS NECESSITY? AUTHORITIES Schick v. Bronstein 447 F.S. 333 (S.D.N.Y. 1978) j Schaefer v. Tannian, 394 F.S. 1128 (E.D. Mich. 1974), remanded on other grounds, 538 F.2d 1234 (6th Cir. 1976) Draper v U.S. Pipe and Foundry Co., 527 F.2d 515 (6th Cir. 1975) i Robinson v. Lorillard 449 F.2d 791 (4th Cir. 1971) I U.S. v. St. Louis -San Francisco Ry. Co. 464 F.2d 301 (8th Cir.) cert den. United Transp. Union v. U.S. 409 U.S. 1107 (1972) I Donnell v. General Motors Corp. 576 F.2d 1292 (8th Cir. 1978) U.S. v. City of Chicago 411 F.S. 218, affirmed .in part, I reversed in part, 549 F.2d 475, on remand 437 F.S. 256 i cert denied Adams v. City of CHicago 434 U.S.875 (1976) DISCUSSION Linda Eaton had been breastfeeding her son Ian at the firehouse for more than six months at the time of the hearing. No evidence was presented that the safety and efficiency of the firehouse had diminished. (T. 400) For, in fact, Chief Keating's concerns about Eaton's breastfeeding were really, "the impact this would have on other people in the deparment".(T. 677) The . jY i irrelevancy of the Chief's stated concerns is clear when 1 i the law i., consulted, which holds that "employee morale and customer preference are impermissible bases on which to i BEST DOCUMENT AVAILABLE FI ICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES _10- I)rudicaLu an empLoyment. decL:;ion. " ur{�Llc_ v..-U _;__11_131r.._;i1d._. I_oundry Co., 527 P. 2d 515 (61 It Cir. 1975) Keat.hiq was lo:;:; than forthright .in addressing the issue as to how the safety and efficiency of the department had been lessened by Eaton's breastfeeding. (T.693,694) His employees were more direct. Firefighter wissink saw no lessening of service during the six months Linda Eaton had been breast- feeding. (T. 1122) Firefighters Irving and Wombacher saw slight problems due to the media 1 9 P publicity, but not due to ! the breastfeeding. (T.1127) And, lastly, Firefighter Jesse King had no fears "that it (breastfeeding) would in any 1 wayhinder the fire service for the City." y1 (T. 639) jThe very fact that the Department has successfully functioned since Linda Eaton has been breastfeeding on i the job suggests the City's "rule", which impacted only on women, was not required by business necessity. Schick I .. v. Bronstein, 447 F.S. 333 (S.D.N.Y. 1978); Schaefer v. Tannian, 394 F.S. 1128 (E.D. Mich. 1974) remanded on other grounds 538 F.2d 1234 (6th Cir. 1976). After a showing of disparate impact the burden shifts to the City to donlonstraLe that "business necessity" justifies i the rule. Robinson v._Lori.Itard 449 V.2d,791 (4Lh Cir.1971) articulates the business necessity defense: "whether there exists an overriding legitimate business purpose such that the practice is necessary to the safe and efficient operation of the business." Robinson sets out a three prong test to i judge the defense of business necessity. First, that the business purpose must be sufficiently compelling to override the sexual impact of the rule. Second, that it must carry I J out the business purposes it is alleged to serve. Third, Lhore exist no acceptable alternative policies or practices with lesser sexual impact. USS. v. St. Louis -San Francisco j i Ry. Co. 464 F.2d 301 (8th Cir.) cbrt den United Transo. Union v. U.S. 409•U.S. 1197 (1977.). BEST DOCUMENT AVAILABLE i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIMES l: -1.1- The firaL two prongs of the test arc discussed .i.nL'ra. Under tho third, the City must show "there exisLs no acreplablu all(-rn.rL]ve polici-::; or pnu:lirr.:;." The evidence at hearing was devoir] of any c]Ly's actions in Lhis area. They seem to have attempted to shift this burden unto Complainant by asserting that manual expression or a breast pump would yield sufficient milk and therefore there was no need to have the child feed during the day. Both Drs. Pitkin and Dr. Eamon. refuted this argument. (P..246, 1040) While not accepting this burden of proof it should be noted that the Complainant testified that her milk yield was insufficient with other'methods of expression than breastfeeding. (P..908) These purported alternatives suggested liy the City are also irrelevant since all. city employees testified Lhey knew next to nothing about breastfeeding and made no attempt to find out either before suspending -Eaton or afterward. In any event, it is the City's burden to establish "that there are no acceptable alternative policies or practices with a lesser sexual impact." Donnell v. General MoLors Corp,_ 576 10.2d .1297. (8th Cir. ].978) - It is no dofunrc to Chu City's "no breast. fc:c:dind" rule, which had o grossly die;pr11por'1 ionoLo ]mp:rcl. upon women, that other fire dupar Cments u:;e :similar pot ic.icc;• 'It � S.._v_ City of Chicano 411 F.S. 2.18, affirmed in part, reversod in part. 549 F'.2d 475, on remand 437 F.S. 256 cert. den �damt v. City of Chicago 434 U.S. 875 (1976). Thus, Norm Elgen's testimony has neither relevancy nor materiality. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs IIOITIES -L2 - BRIEF POINT THREE WAS LINDA EATON DENIED EQUAL ACCESS TO THE USE OF UNSCHEDULED TIME AT THE FIRE DEPARTMENT? AUTHORITIES McDonnell Douglas Coro v Green, 411 U.S. 792 (1973) International Brotherhood of Teamsters v United States 431 U.S. 324 (1977) The principles of McDonnell Douglas Corp v Green, 41.1 U.S. 792 (1973) control a differential treatment employment discrimination case. In McDonnell Douglas the U.S. Supreme j Court suggested the order and nature of proof of discrimination IIin a Title VII case which is the federal counterpart of the Iowa Civil Rights Act, Chapter 601A of the 1979 Code of Iowa: "The Complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case by showing (i) that bet:belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applications from persons of complainants' qualifications." 411 U.S. at 802. When Complainant meets these four criteria a prima facie case of discrimination is established and the burden of proof then shifts to the employer to "articulate a .legitimate, non-discriminatory reason" for refusing to hire the complainant. The complainant- is then allowed to rebut the employer's defense by showing that the Justification given was merely a pretext. 411 U.S. at 804. It .is not possible to fit every discrimination case into the model laid out in McDonnell Douglas and the Supreme Court said that .it did not intend " to create an inflexible formulation" International Drotherh1pod of Trams_Lcars v. United States 431 U.S. 324 (1977). r Complainant Linda Eaton is alleging, among other things, that the use of unscheduled time in the fire station is not made availiable to males and females on an equal basis. Using McDonnell Douglas as a guide, we propose that the following be $QST rc-ogn.izod as the elements of proof in this case: DOCONIENT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES e BEST DOCUMENT AVAILABLE -.13- l.. that Complainant- is a woman 2. that there existed a custom and practice of nonscheduled time at the fire department 3. that Complainant asked for and was denied equal access to the use of nonscheduled time 4. that after she was denied the use of unscheduled time to breast-feed her child, unscheduled time continued to be made availiable to the male firefighters. Complainant Eaton established her prima facie case by proving the above four elements (see Statement of the Case). In Respondent's attempt to show that others had been denied access to unscheduled time,they introduced evidence of a very few oral reprimands,but were forced to reach back to one incident sixteen years ago, others ten or eleven years ago and one four years ago. It is critical that in each of these instances cited by Respondents there were other factors involved: the activity complained of took the firefighter away from his scheduled duties or interfered with the fire department telephones or disturbed the operations of the fire department by its location (T. 1123, 1123, 1119, 1120, 1079-1076). on January 12, 1979 Complainant Eaton asked Chief Keating if she could use her unscheduled time to breast-feed her son (T. 674, 679, 683) and her request was formally denied on January 16, 1979 (J.Ex. 11). By denying Eaton the right to nurse her child Respondents denied her equal access to the use of the unscheduled time which every firefighter has. After Eaton was denied equal access,the male firefighteps continued to have free use of their unscheduled time (see Statement of the Case). BRIEF POINT POUR WAS THE DENIAL OF EQUAL ACCESS 'TO UNSCHEDULED 'TIME JUSTIFIED BY A BUSINESS NECESSITY? MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MO RIES "` -14- . AUTHOR ITT Es ha:ur-.v.•. N;•w Yr,rk '1'uw!; _flrn,ull.•i:{Lit1,L;t, i'vi ;41. 1•'2cl 3G'; (6Lh Cir. 19•/6) Cedar Rajids CommuniLY School U1rLricl v_ Purr 227 N.{•1.2d 486 (1975) - Newman viDelCa Ai.r pines Inc_ 347 F. Supp. 238 (N.D. Ga. .1973) Gunther v. Iowa Slate Men's Reforms_ tory_ 466 F. Supp. 307 (N.D. Iowa 1979) Robinson v. Lorillard 449 F.2d 791 (4th Cir. 1971) Sullivan v_. McCoy-Stamufer's Inc. CPHs 2690 and 2.693, November 21, 1977 ____.. .,nu rnnnan I(el.11i.ons .19 EPD 8945 (1978) Vil.lajL,j_of AclAngton 112i4hts v,_ Mclro)pol..itrin Housinc De velo�mr.nl, Corp_. 429 U.S. 252 (1977) Donaldsony_ Pillsbury (:o. 554 F.2d 825 (8th Cir. .1977) McDonald v_ganto I_c_frail Corp. 427 U.S. 273 (1976) Having established our prima facie case of discrimination tinder the differential treatment theory according to the test enunciated in MrU�nncll Douulthe burden of proof shifts 1 to the Respondents to either show (i) a bona fide occupational qualification excepl.ion or (ii) a business necessity for the I discr.im.inatory pracLico. EEOC v, Ncw York 'Pimcs - _ ❑roadadstinq � Service 542 P.2d 365 (6th Cir. 1976)1 C<�dar It_.rpids,Communit� School_ Uist.cict v_ I+,irr 227 N.W.2d 486 (1975) . Respondents have nidde no attempt to argue that their refusal to allow Eaton toebreast-feed her child during her non-scheduled time is Justified by a bona fide occupational qualification. To do so they would have to prove that "all or substantially all" breastfeeding women "would be unable to I i perform safely and officiently Lhe duties of the Job .involved" Newman y_ Ih_1Ln fir I.inc:;,c _tine,_ 374 F. Stipp 238, 244-245 i and that the essence of. Lhe incLituL.ion unci its goals would br_ BEST undermined .Guutherv. Iowa SLaCe f4on'S Iteformalor� 466 F. Supp. nOCUNIENT307 (N.D. Iowa 1979). AVAILAEI'E' i IL• appears that Respondents are relying on a business j i necessity defense under Robinson v_I.or.illacd 449 F.2d 791(4th Cir..l DOCUMENT AVAILABLE i MICROFILM BY j JORM MICROLAB I CEDAR RAPIDS -DES 110111ES I -.15 - and .later adoptc I by the Iowa CLvi.I Right!, Commission in Sullivan v. McCoy-Stampfer's Inc. CPNs 2690 and 2693, November 21, 1977: "The applicable test is not merely whether there exists a business purpose for adhering to a challenged practice; the test is whether there exists an over- riding legitimate business purpose such that the practice is necessary to the safe and efficient operation of the business. Thus, the business purpose must be sufficiently compelling to override any discriminatory impact; the challenged practice must effectively carry out the business purpose it is alleged to serve; and there must• be availiable no acceptable alternative Policies or practices which would better accomplish the business purpose advanced, or accomplish it equally well with a lesser differential impact on affected classes." RespondenttS arguments are confusing at best-. Respondents' attorney mentions "management rights" in her opening argument, but we assume that she would concede that Respondent does not have the "right" to violate Chapter 601A of the 1979 Code of Iowa. Complainants' Exhibit 44, a videotape of a news program of ,January 26, 1979 reporting a Eire call which occured while Eaton was on duty and nursing her son shows that Eaton was the first firefighter on the truck despite having to run up a flight of stairs from the women's locker room to the main floor,which no other firefighter had to do (J. Exs. 18 and 19), and defeats any argument by the Respondents• that nursing in any way interferes with Eaton's ability to respond quickly to a fire call. Eaton has never asked to be relieved of the responsibility of responding to fire calls (T. 702). Respondents argue that because Eatons nursing of her child occurs in the women's locker room in the basement, she is less availiable to an officer who might: have a spontaneous request that she do some work outside of her regularly scheduled duties. it was the City administration who decided that a women's locker room would be built in the basement• and who chose not to build a women's locker room on the main floor of the fire -de.narIzLaIat where the men's locker room and bathroom is located along with all other essential areas of t•he fire department. • BEST DOCUMENT AMIABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401IIES -1.6- Respondents cannot argue that breast--Eceding interferes with Eaton's ability to perform routine scheduled chores as Eaton hhs never asked to be relieved of routine duties (T. 704). Respondent argues that Eaton's nursing has caused inconvenience at times in that other women using the locker room have complained about noise, number of visitors or a male in the locker room. Testimony clearly shows that these are isolated instances and refusing Eaton equal access to non-scheduled time is not the least restrictive means of alleviating inconvenience. Nor does mere inconvenience to police women constitute a business necessity for Respondents. Respondents are then forced to make classic "floodgate" arguments using imaginary horribles: "if everyone had the number of visitors Eaton does,", It is immaterial that in one year women as a class, may have more visits at the firehouse in any one week, month or year. It does matter that individuals are treated as individuals and equally in terms of conditions of employment even if they may have conditions arising out of factors.peculiar to their sex. Goodyear Tire and Rubber Co. v. Wisconsin Department of Industrial Labor and Human Relations 19 EPD 8945 (1978). Clearly Respondents have failed to establish any business necessity which justifies denying Eaton equal access to the use of non-scheduled time under the test outlined above Assuming arguendo that Respondents have shown a business necessity, the burden shifts back to Complainants to prove that the justifications advanced are mere pretext.McDonnell Douglas, supra, at 804. We believe the record contains ample evidence of motive and intent on the part of Respondents to discriminate against• Complainant on the basis of sex. This evidence is equally applicable to the prima facie or rebuttal case. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 11011JES Village of.Arlt.nrtLon_Ilciaht_;_v._MiI.roR_Olil_an Ilou_itI(I Development Corp. 47.9 U.S. 252, 266-68 (1977) field that statistics "may prove an importanL starting point" in establishing motive and intent. The City of Iowa City was charged with discrimination by four EEOC complaints(T 86-7) and entered into an EEOC conciliation agreement in 1974 (T. 100) which required the City to increase the perce.itage of women in its work force to thirty-three and one third per cent (331/3 %). The City has never reached the goal required by the agreement (T 101). Respondent's knowledge and toleration of racial and sexual slurs in the workplace is well documented in the record (C. Ex. 6, T. 856, 431, 262, 279-280-281) as is their knowledge of the attitudes of the male firefighters towards the only female firefighter and their failure to conduct any human relations training within the fire department (T 844, 847, 848, 858 C. Ex. 49). The City employs a Human Relations Director who has not seen the necessity of investigating the situation at the fire department or Firefighter Eaton's complaint (T. 426, 427). The City used a physical fitness and agility test in the hiring of firefighters which had never been validated (T. .122, 165) . The City Council, despite its obligation imposed by the City Charter to maintain the principle of non-discrimination within City employment (J. Ex. 17, T 810) has condoned the treatment of Linda Eaton and supported the City Manager's and Fire Chief's actions (T. 818, 819, 820, 844, 850, 855). Respondents have a history of failing to hire women proportionate to their labor force participation (see Statement of the Case). Statisitics regarding the employment of women and minorities can be used as circumstantial evidence of intent behind a challenged employment practice. Donaldson v. Pillsbury Co. 554 F2d 825 (6th Cir.. 1977) International Brotherhood Of Teamsters, supra. BEST DOCUMENT AVA-nA LU MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 5 J I j ,-IN -I ti - intent to discriminate "can in some situations be inferred from the mere fact of differences in treatment" International Brotherhood of Teamsters, supra at p. 335, n. 15. In order to establish that the Respondentts asserted justifications for denying Eaton equal access to the use of non-scheduled time are p-^texi;ual it is not necessary to show that they are tota'1"- -rrclevant to the denial or that: sex is the sole reoson for Che denial. We must simply show that SOX was one reason for the denial. McDonald v. Santa Fe Trail Corp. 427 U.S. 273 (1976) at 282 n. 10. Insensitivity and mnresponsiveness to the problems e � of women and minorities on the part of the City officials ) is documented throughout the transcript p (T 179, 175, 176, 186, 268, 270). I Therefore, both statistical and testimonial evidence supports the assertion that the City's business necessity defcnscs, are merely pretcxLua.l. t I i CONCLUSION ' Methods of proving sex discrimination in employment- may rely on either a differential treatment or disparate impact theory. Under either theory the Respondents have been shown to have violated Chapter 601A•in their treatment of Linda Eaton. i I BEST DOCUMENT AVAILABLI.; i 47-- - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES VIDIMES B a - 19 - BRIEF POINT V COMPLAINANTS ESTABLISHED A PRIMA FACIE CASE OF RETALIATION IN VIOLATION OF IOWA CODE §601A.11 (1979), WHICH WAS UNRI.BUTTED EXCEPT BY PRETEXTUAL JUSTIFICATIONS. AUTHORITIES Iowa Code §601A.5(4) (1979). Iowa Code §601A.6 (1979). Iowa Code §601A.11(2) (1979). 42 U.S.C. §2000e -3(a). Tanner v. Calif. Physician's Serv., F.Supp. , (N.D. Cal. 1979), 20 EPD 1130,148 (Oct. 10, 1978, as modified by orders of January 9 I}nd February 13, 1979). Grant v. Bethlehem Steel Corp., F.Supp._, —(S.D. N.Y. 1977), 16 EPD ¶8261 Reyes v. Mathews, 1128 F.Supp.300 (D. D.C. 1976). Francis v. American Tel. & Tel. Co., 55 F.R.D. i� 1973 CCH EEOC Decisions ¶6202 (Decision No. 71- 3 83, October 10, 1970). I' 1973 CCH EEOC Decisions ¶6145 (Decision No. 70- 683, April 10, 1970). I EEOC Decision 71-288 (Sept. 17, 1970), 8 PEP Cases 1124. I i The proscription against retaliatiori embodied in the Iowa j Civil Rights Act is found in §601A.11 of The Code: i, "It shall be an unfair or discriminatory practice for:. . .2. Any person to dis- criminate against another person in any of the rights protected against discrimina- tion on the basis of. . .sex,. . .by this chapter because such person has lawfully ;i opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testi- fied, or assisted in any proceeding under this chapter. .". Iowa Code §601A.11(2) (1979). - Retaliation consists of subjecting a person to adverse con- sequences for their participation in protected activity. The Iowa Code prohibits such punitive treatment of persons enjoying, or asserting their rights and the definition of retaliation as an unfair or discriminatory practice serves to permit the im- position of remedial sanctions upon the offenders BEST DOCUMENT AVAILAB� R �i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES From the - ?0 - testimony and documents Produced at the hearing on the complaints Of Linda Eaton and the Attorney General, it is clear that the I City, its departments,•Lnd agents. consistently engaged in a clear, pattern of retaliatory conduct, designed to harass and intimidated PIs. Eaton in her expression of her rights under Iowa law. Such 1 conduct by the respondents must be recognized for what it is and remedied accordingly. Under the federal civil rights law, retaliation is forbidden by section 704(a) of Title VII of the Civil Rights Act of 19611, 42 U.S.C. §2000e -3(a) One case examining the proof necessary to establish a case of retaliation stated: Ij "To establish retaliation under §704(a), a plaintiff must demonstrate that he suffered adverse treatment as a conse- quence of his participation in protected j activity. . . .Proof of a causal connec- tion between protected activity and ad- verse consequences must of necessity be i, indirect for the simple reason that al- leged retaliatorscan hardly be expected to confess to punishing plaintiffs for protected acts. Accordingly, courts have found a prima facie case of retaliation to be established when protected activity I; is followed by adverse treatment. ` The burden then shifts to the defendant I' to explain its actions with legitimateL2Cc II rreea_psons. . " Grant V. Bethlehem_Steel I 16 EPD ¶8-2615(citations omitte)977}3 d.IIII The threshold •; question in a retaliation case, therefore, is what is the 'protected activity?' Irt lI Y. The Iowa Code establishes ithe protected activity in this case, and for others, in the terms I dol §601A.11(2). It is important to note that the protective arm lof the law reaches those "rights protected against discrimination" !b,y Iowa law, e.g., the right to non-discrimination in employment. i u !Sec, Iowa Code, §601A.6(1.979). The activities protected by the i;law are three -fold: (1) the lawful opposition of unfair ordis- ';criminatory practices under chapter 601A, (2) the obedience to j! the requirements of that chapter, and (3) the filing of a com- :plaint or participation in proceedings under that chapter. Iowa BEm, DOCUMENT I AVAILABLE I' i II l MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES 21 I' Code, §601A.11(2) (1979). Having stated the answer to the thresh i old question of what are protected activities, the next point of �I inquiry is whether and in what fashion Linda Eaton enp,aged in If ii such activity so as to grant her the protection of the Iowa civil rights law. Ii Linda Eaton delivered Ian on October 2, 1978 and preparatory .1 to her return to work in January, she contacted Chief Keating to !I make arrangements for, the breastfeeding of Ian once she returned II to her full work schedule. (Tr.p.903). She met with resistance ' as examined infra, and in order to maintain her status as both a Ilifirefighter and a mother, she was forced to seek a temporary in- ! Junction through the District Court of Johnson County. (Stipula- I;tion-Tr.p. 1051). The filing of this petition constitutes the 1; ;!making of a complaint of discriminatory activity and i; suffi- 'r cient to trigger the protections of the law against retaliatory ll4Imeasures. Further, the intervention of the Iowa Civil Rights Commission in this Johnson County matter, EDuity Case No. 411750, I i solidified this fact. The Attorney General's complaint of January 26th, Joint Exhibit d25, was based upon the identical fact pattern as that involving the Fire Department's discrimina- tion against Linda Eaton for her exercise of her rights under i I Iolra law. The intervention of the Commission in the court hearin �j was accomplished pursuant to Iowa Code, §601A.5(4) (1979), which j permltsthe seeking of a temporary injunction.. Thus, Linda Eaton's IjPetition for Temporary Injunction and her participation in the . court hearing provide one of the initial threshold facts of pro- tected activity from which stemmed the retaliatory measures so it tran:tparent throughout the transcript. In any event, Linda 'Eaton's attempt to fulfill the responsibilities of both her i '-employment and her motherhood was, and is, in the highest t-ra- edation of the policy of non-discrimination spoken to in §601A of ;Ithe Iowa Code. Even if she had never filed a complaint to trig- Ilger the provisions of §601A.11, Linda Eaton's attempt to enjoy /BE DOc �' T ht. I I. AVAI�L� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MINES WO - 22 - U the benefits of non-discrimination and hence to oppose lawfully �i the discriminatory practices of the Fire Department, suffices as i a triggering event for the purposes of that section. tl Once a person has engaged in "protected activity" or in some other manner triggered the retaliation provisions of the law, the .I 'j next Issues to he resolved involve the nature of the retaliatory I� acts flowing from one's assertion of rights and whether any pos- I sible Justification for retaliatory measures can be' promoted. Because of its "chilling effect" upon the assertion of one's �i rights, any attempt at retaliation must be dealt with severely. iIRetaliation is not a fixed and definite concept; its tentacles pervade and affect an entire work environment. This pervasive nature of retaliation was examined in a recent federal court case. t Although the complainant had failed to perform adequately on li various occasion: these problems were viewed by the court within! Ithe context of a retaliatory atmosphere which rendered adequate � performance impossible. The record revealed that the complainant) Ms. Tanner, never missed a merit advance until she filed a charge! of discrimination against the corporate hierarchy. The court noted that no direct evidence of a scheme to retaliate for the filing of the charge existed, for there seldom is such direct evidence: All the circumstances of the case, however, ! indicate that Ms. Tanner was Riven an im- possible task and that her ultimate failure was inevitable. Ms. Tanner's dismissal j! from Blue Shield was for poor performance. Ij Certainly one must not disregard the hosti- lity which existed in her relations with her co-workers and its contribution to the cri- tical view of her work. However, this hos- tility must be attributed primarily to Ms. Tanner's EEOC complaint and lawsuit, . . .Accordingly, it is the view of the !� court that the case of constructive, if not deliberate, retaliation has been clearly established. While the court endorses the concept that a person who files an EEOC com- plaint and later a lawsuit does not thereby become immune from discipline and even dis- missal for performance which falls below the standards demanded of other employees, it 1s li HEST 14QCUMENT AVAILABLE �I iI MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'IDIOES A another matter where an employer through his act of discrimination and subsequent recriminatory attitude, creates an atmos- phere of such hostility and suspicion that normal performance of duties by the victim of the discrimination becomes a virtual impossibility." Tanner v. Calif. Physi- cian's Serv.,F.Supp. N.D. Cal. 1979T, 20 EPD _!130, 148 Oct. 30, 1978, as modified by orders of January 9 and February 13, 1979.) Other examples of retaliatory measures include increased surveillance and harassment of complaining employees. The EEOC and federal courts have found such activities to be illegal. In Decision No. 70-683, (April 10, 1970), the complainant filed a charge with the State Fair Employment Practices Agency against his company supervisors and complaining of derogatory remarks about his national origin and that they refused to schedule his summer vacation. The employer assigned two other employees to "tail" the complainant and take notes on his activities, but de- lfended these actions on the ground that the complainant was I� spending too much time in the cafeteria. This surveillance was initiated immediately after the charge was filed and the EEOC found this fact significant: "In light of the timing of the har- assment, we find reasonable cause extstc.to believe that Respon- dent harassed charginFS party in retaliation for, his opposition to '. practices made unlawful by the act." 1973 CCH EEOC Decisions (!16145. Further, a federal court found a Respondent's reprisals in the form of increased surveillance and unnecessary checking !I on the complainant to be a form of reprisal, "a particularly i vicious form of discrimination. . .the subtleties and in terrorem effect of reprisal against those who seek to vindicate constitu- tional and statutory rights [must] be erased." Reyes v. Mathews, i 1128 F.Supp. 300 (D. D.C. 1976). See also, 1973 CCH EEOC Decisions; %202, No. .71-383 (10/30/70) .¢unexplained keeping of precise attendance record solely regarding complainant was retaliation.) The timing of measures which adversely affect a complainant MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES - 211 - ii is especially important in determining whether retaliation has it occurred. Both the EEOC and federal courts have recognized the iI ! gravity of a situation in which a complainant suffers a sudden :1 reversal of fortune after asserting his or her rights. In De- cision 71-288, the EEOC found retaliation was established when II the complainant was subjected to the employer's keeping of an unusually close track of his activities and his subsequent dis- charge. Contrary to normal policy, the respondent did not inform 11 the employee of its concern about his time card disrrepenices. Rather, they kept a confidential monitor of his actions. The EEOC could only conclude that the close surveillance was "for the ji !! sole purpose of compiling a record which would justify discharg- IIng him." The EEOC stated: "The surveillance began within a few days of the charging party's return from a leave of absence during which a Title VII j charge he filed against Respondent was ¢ i investigated. The conclusion is unavoid- able that but for the charge he filed 9 I against Respondent, charging party would i not have been subjected to treatment which we find Respondent did not accord similarly d placed ernployeeds." EEOC Decision 71-288, (Sept. 17, 1970), 8 FEP Cases 1121. Reference must also be had to b'rancis v. American Tel. & Tel. Com•, 55 F.R.D. 202, 207 (D. D.C. 1972), wherein the court found j that the special detail of another employee to monitor complain- ! ant's actions and associations was suspiciously "directed to ;I complainant's conduct occurring subsequent to the filing of the �I EEOC complaint." The building and documenting of a case solely i ! for the purpose of providing a defense to an EEOC complaint was, iif'ound to be retaliatory conduct in violation of M4(a) of Title IVII. Id. Unfortunately, the timing of the various activities in- volving Linda Eaton and engaged 1n by the City Of Iowa City and !lits Fire Department is likewise suspicious in nature and leads to jlthe inevitable conclusion that actions were taken against Linda is N Eaton solely for the purpose of retaliation. I II I , I MICROFILMED BY JORM MICROLAB i CEDAR RAPIDS -DES MORTES I 0 i r� - 25 - Some sJx areas of retallatory treatment may be found upon a review of the records: (1) changes in the administation of d1s- li cipline, (2) changes in the evaluation made of Linda Eaton's iiwork performance, (3) the creation and maintenance of the visitor log, (11) the surveillance and monitoring resulting from her as- �i sertion of her right to be a firefighting mother, (5) the esta- blishment of rules and regulations pertaining to the work en- vironment, and (6) the involvement in numerous city employees In the personnel matters relating to a sole individual. As a result of Linda Eaton's attempt to be both a parent and firefighter and her resultant complaint of discriminatory action, there was an increased number of reprimands riven in general and, in particular, to Linda Eaton. (R. E.x. 19 & 20; T. 723). As a result of Linda Eaton's actions, a significant change can be seen from her previous evaluations to those subsequent I� to the complaint. For the first six months of her tenure at the Fire Department, Linda Eaton's ratings on her work performance Ii were "excellent". In fact, she received a merit increase. (T. 897). Having; filed a complaint of discrimination and challenged :the Fire Department's decision to prevent her from nursing her j; child, Linda Eaton's evaluations became negative. (T•. 722). She was given an evaluation in April, 1979 (T. 1056, 1063). Since that time, her evaluations have been better. (T. 1070). Most significantly, a special Visitors Log was created and �! maintained from January 31st, following the hearing on Complain. - 11 I ant's Petition for Temporary Injunction, until July 27, 1979, Just before the commencement of the hearing before the Iowa Civil ' Rights Commission's hearing officer. (J. Ex. 20, C.Ex. )10, R.Lx.I f li 22)• No Visitors Log was maintained prior to the initiation of Linda Eaton's complaint. (T. 899), The Chief, Robert Kenting, IIasked his battalion chiefs to maintain a record of visitors to the station, focusing upon Linda Eaton. (T. 1078). The crr_atlonl I �I II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F10 RIES d ■ W of this tor; is subject to vary -Ing raLfon:ilea and ,i Usti flvat lant; on the1 part of the respondents, if one is Co listen to the i sertlons of their wltnessc:;.1 3upposcdly, the lop was created in 1order to document the nuDiber of visitors to the Fire Department. (T. 743, 7118-A & 1101). This is belied by Respondents own ex- hibit #16, which i:; a comp:llat.ion of the visitors received rp0ct- fically by Linda Raton, rather than the entire fire department. Second, Respondr.nt states that :it kept Lire log in order to rind lut how long Linda Eaton nourished her son (T. 753, 1101) and. i .':ally, in a Justification of some recency, the log was commenced to stop theft and for security reasons. '(T. 755 & 1101). The variety, scope and fantastical nature and recency of these Justifications for the creation of the log in January virtually forces the conclusion t.hnt there ;u e suhr0 uenL 1 q Just:i- I; ficati.onr for ,in Il1cI;a1 act, i+c., the cr-eation of ti log Co Iimonitor the life 01' Linda Eaton. It lD clear that Linda Eaton was the focus of the �lop. (R. E'x. 16 & T. 779). It is equally I � I' obvious Lhat the focu., of t10 log VMS upon Linda Eaton's breast; -feeding activities, rather than any visitors to the fire station.I !; (T• 293, 363, 383, 792, 836, 903, 915). The rule against visitors! was in fact a rule against breastfeedin g (Brief, suiira; T. 293, I II 363, 373, 383, 792, 861, 903 & 915)• In fact, Captain Felstad j admitted under oath that he kept a separato note book I ,lust for Linda Baton; only in Linda Eaton's case were nursing vi:lts and I bathroom v:i.elt:; :logged. (T. 1080-85, 1105). The fireflghtcrs who testified at the hearing all tied the maint•enanc0 of the vis:Itors log to Linda Eaton's actions. Nathan llopklns (T. 471-2),i Richard Craig ('r. 569), and Steve llolan (T. 590), all saw an I obvious connection between Linda Eaton's determination to pursue oncurrently her status as a firefighter and a parent and the aintenance of the visitors log. This evidence of retaliation D forthright, unrobutted and without Justification. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES !; 27 In In addition, the surveillance and monitoring of Linda Eaton I resulted from her assertion of her right to be a firefighting u !I mother. (T. 931). Sophie Zukrowski, civil rights specialist for the City, admitted "peeking" in on Linda Eaton (T. 385-6) I although that was certainly not part of her Job duties (T. 394). 1 (T• 913). In addition, the maintenance of the visitors log was I seen by some of the firefighters as a form of surveillance and monitoring. (T. 569, 596). The rules and regulations g Ij ( Pertaining to the work environment at the fire department were first established in 1936. GI Ex'. II29)• They lay dormant, covered by dust and rarely, if ever, con- . i salted. Then, in January, 1979, Linda Eaton decided to breast- feed her son and these mold s y pages were dusted off, their antique Ij provisions were rediscovered, and it was det6rmined that new rul `( and regulations would have to be created. (T. 328-29, 720) In fact, in the first six months of 1 I i 979, in response to the Linda Eaton situation, twenty-four regulations were issued, equaling I in quantity if not quality the entire work product of Chief �I Keating in all of 1978. (T. 715-21). A rule was issued esta- i I' blishing a twenty minutes maximum visit limitation and yet while Linda Eaton suffered the consequences of exceeding this limit, II others were not reprimanded. (T. 1095-8, 1126). In_fact, one I Iifirefighter stated that there was only one rule known to the firefighters before January of 1979, a rule against women in the Idormitory. (T. 615). Finally, the "Visitor Memo" within Joint 1 Exhibit #14 was tied by testimony directly to Linda Eaton's as- sertion of her rights. g (T. 469-70, 532-33, 624, 7488, 764). Finally, contrary to the established and clearly mandated l+ policy of leaving I g personnel matters to the City's administrators,� j� the City Council involved itself sua sponte, and at the ins.is- fIJ li I tence of others. (J. Ex. 17; T. 124-5, 339, 845). In fact, City employees were pressed into service and involved in a I personnel matter involving a sole individual. The City utilized IIthe scarce resources of various City employees in the surveil- lance and monitoring activities directly related to Linda Eaton. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES ■ e� i; Thus, a press release regarding breastfeeding was issued (J• Ex. I. 23), June Higdon maintained a specific file on Linda Eaton (c. -Ex. 41), Dale Helling and Sophie Zukrowski maintained specific notes I on Linda Eaton (C -Ex. 42 & 43), Sophie Zukrowski checked Linda I Eaton's visits and the time her son spent in the station (T. 394- 5) (although that was not her job), and strict monitoring occurrec from and after January, 1979• (T. 569). Indeed,.this involve- ment of numerous individuals in a private, personnel matter con- vinced the firefighters that Linda Eaton was the catalyst .for the, I various bureaucratic steps taken by the Fire Department and City. (T. 456, 569, 596 & 624). l All of these activities, taken separately or together, clearly indicate a conscious pattern of retaliation taken against Linda Eaton for her assertion of her rights under Iowa law. What is so vicious about this pattern of retaliation is its per I vasive quality, reaching beyond the imposition of adverse con- sequences upon Linda Eaton, to the broader and more questionable practice of rule and regulations changes and implementation and the maintenance of the Visitor Log. This sort of activity must not be countenanced and must be clearly dealt with as a violation. of Iowa law. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES h -30- !1 motion are clearly insufficient, both in terms of their nature as jurisdictional defenses and as unsupported by the evidence. Respondent purports to raise a "jurisdictional" defense by I. its motion to dismiss on the ground that Linda Eaton's complaint I' of June 18, 1979, was too late to invoke the Commission's powers. I! Obviously, this defense cannot go to any question of personal lJurisdiction, as that power was acquired by the Respondent's Ilparticipation in the hearing conducted over some five days and I any such defense was waived by the delay in its assertion. Rathe this purported defense must rest upon some defect in the Commis- sion's assertion of jurisdiction over the subject of the action. That this defense is patently without merit is obvious from the reading of cases examining the Iowa Civil*Rights Act. The Iowa Civil Rights Commission was created by the adoption in 1965 of the Iowa Civil Riehts Act, with the goal of effectua- ting the policy of non-discrimination clearly stated in its Title: An Act to establish a civil rights commission to eliminate unfair and discriminatory prac- tices in public accommodations, employment, on-the-job training programs and vocational �I schools. . .". 1965 Iowa Acts (61st G.A.) !; Chap. 121. Not only .is the policy and purpose of the statute obvious to any reader of the Code, but the legislature commanded that any :reading of the statute must be broad in nature, in order to ef- ',fectuate its purposes. Iowa Code, §601A.18 (1979); Iowa Civil j i I'Rights Comm. v. Massey -Ferguson Inc., 207 N.W.2d 577 (Iowa 1973).1 This statute establishes a detailed method whereby those aggrieved by discriminatory practices can seek redress. City of Iowa City v.: Ii IlWestinghouse Learning Corp., 264 N.14.2d 771, 772 (Iowa 1978). I IilThese procedures speak to the manner in which jurisdiction over i -the subject matter is exercised; they do not speak to the method II j llby which jurisdiction is acquired or retained. The concept of jurisdiction is a concept of 'I p power. It is a i concept of definition and limitation; the jurisdiction of a partl-' 'cular body defines and limits the exercise of that body's power. jl f ' I II � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i! I' II j - 31 - I r• Thus, the validlty of' a courl: or an agency's exorcise of it: i Il power is dependent upon the delineation of its jurisdiction. ii In light of the Respondent's motion to dismiss, therefore, the question is whether the Iowa Civil Rights Commission had juris- diction to conduct its procedures in the Eaton matter. This is :i II a basic question of subject matter Jurisdiction, easily resolved i; upon examination of Chapter 601A. It is important to remember �I .I the exact nature of subject matter Jurisdiction and what it is, I I and isnot, about: I "Jurisdiction of the subject matter is the power to hear and determine cases of the l general class to which the proceeding be- longs. . . .It is an abstract question unrelated to the rights of the parties on the merits of a given case. . . .Subject I� matter jurisdiction cannot be conferred or ousted by acts of the parties or pro- cedures employed in particular litigation." '1 State ex. rel. Iowa State Hwy. Comm. v. Fu_!;22 N.4I.2d 199, 202 Iowa 1975 (citations omitted). This statement fairly summarizes the extensive Iowa Supreme Ij Court discussions of the concept- of subject matter jurisdiction. Central to the inquiry at hand is the question of whether the i Commission enjoys "the poorer to hear and determine cases of the I general class" involved in its administrative procedures. With- in the text of Chapter 601A may be found the answer to that question. The Commission is specifically empowered J'to hold hearings upon any complaint made against. . .an employer." Iowa Code, 5601A.5(5) (1979) (emphasis added.) This power to hold I l hearings on complaints of discriminatory practices is delineated II further in the specific procedures fashioned by §601A.15 of the 1 L• r Act. The discriminatory practices forbidden by the Act encompass; various grounds for complaint, foremost among them beim; the I discrimination in employment against an employee because of his ' II or her sex. Iowa Code, §601A.6(1)(a)(1979). Further, discrimi- ii natory acts in retaliation for/against a person's adherence to li the philosophy and strictures of this chapter is forbidden. � I : 1 it I II I' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES F101NES i 0 .Iowa Code, §601A.11(2) (1979) -32- Taking these Provisions tolrother, and viewing the legislation as a whole, it is obvious that the subject matter of the Eaton complaint of June 18th, (i.e., the discriminatory practices of the Fire Department on the basis of sex in employment) was first brought to the attention of the Commission by the complaint of the Attorney General in January. Linda Eaton's subsequent complaint almost identical to that of the Attorney General's, was a mere technical procedural solidifi- cation of the matter. The seminal case in the area of discrimination in Iowa is Iron Workers, Local No_67 v. Hart, 191 N.W.2d 758 (Iowa 1971). In this case the court examined the question or a party's stand- ing as it related to the Commission's exercise of its Jurisdiction and the fashioning of relief. The Court stated: I "Under the language of this legislation, a complaint may be initiated by persons other than one aggrieved by a discriminatory or unfair practice. The Commission, a com- missioner or the attorney general may file a complaint [§601A.15(1)]. The complaint's main function is to trigger Commission in- vestigation and if probable cause is found, conference, conciliation and persuasion will follow. The agency decides if liti- gation is necessary. Complainant's im- portance as an adversary party Is not established by the statutory provisions. We hold strict procedural rules in this area are not applicable. We do not imply . we hold procedural rules, made necessary i by due process and fair play, have no ap- plication to Commission proceedings. . We have before us, however, an administra- tive proceeding foundation upon a legis- i lavtive enactment designed more to imple- ment broad public policy than to adjudicate differences between private parties." 191 N.W.2d at 766. (emphasis added.) I; The filing of any complaint is the event which invests the ilCommission with subject'matter jurisdiction. Iowa Code, §§ 601A.5, i; (5) and .15(1) (1979); Iron Workers, supra. The entirety of ';Chapter 601A establishes "a complete and comprehensive legislative .;plan for procersing, complaints concerning discriminatory practices) i! I I! � ' I i II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIIIES i - 33 - Westinghouse Learnin , 264 N.W.2d at 772 (emphasis supplied). The subject matter with which the Commission is concerned is "dis- criminatory practices" and that is the scope of its p jurisdiction; the process by which these practices come to the Commission's attention is simply an administrative methodology, devised by the legislature to best effectuate the goal of Chapter 601A, the voluntary adherence to a policy of non-discrimination. That certain persons may be present or absent as Complainant jj is irrelevant; subject matter jurisdiction is not determined in that fashion. See, In Re Damon's Guardianship, 28 N.W.2d 118, 51 j� (Iowa 1947). This rule is even more evident in light of another itcase involving the Iowa Civil Rights Commission. In Pottawattamie County Dept. of Social Serv. V. Landau, 210 I� N.W.2d 837 (Iowa 1973), the argument was made that the Iowa Civil Rights Commission lacked subject matter jurisdiction because of i; �the absence of certain parties to the matter before it. The I court refused to pass upon this defense, for :it was clearly in- sufficient to divest the Commission of subject matter jurisdlctlol Reviewing the various cases examining the concent of jurisdiction over the subject matter, the Iowa Supreme Court stated: "'Phe Iowa Civil Rights Commission was created by Chapter [601A] of the Iowa Code. Pursuant to that statute as applied to this case, the Commission has Jurisdictional authority to hold hearings 'upon any complaint made against a person, an employer, an employment agency, or a labor organization, or the employees or members thereof', charging discrimination in employment practices. §105A.5(4), The Code, 1971. [Iowa Code, §601A.5(5)(1979).] Jackson Graham, on November 9, 1970 filed a complaint with the I.oia Civil Rights Commission charging; his employer with discriminatory rractices in regard to his discharge from employment. The complaint was clearly within the realm of authority given the Iowa Civil Rights Commission by Chapter 105A [601A]." 210 N.W.2d at 843. The focus of the Commission must be upon "discriminatory practices" and not upon technical niceties. As the Iowa Supreme Court recognized in Iron Workers, an "erroneous assumption is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES M, N is I the legislatLon involved must be interpreted as affording merely �I a remedy In a specific dispute rather than correcting a broader ,I 6 pattern of behavior. It is the latter goals toward which this i. legislation is directed." 191 N.W.2d at 770. 'i Respondents also contend that the conciliation process in which it participated was ineffectual, and therefore the Commis- sion is without jurisdiction to hold a hearing in the Eaton Imatter. Obviously, it is the failure of conciliation efforts I which serves as the triggering event for a public hearing pur- i it Isuant to Iowa Code, §601A.15(5-8)(1979). It is the Complainants' I position that the procedure of "conciliation" was sufficiently II engaged in so as to permit the holding of a hearing under the statute. In any event, whether or not conciliation was "ineffec- tual", that question is obviously irrelevant to the issue of subject matter jurisdiction. j; The concept of .conciliation as a significant step in the i. i Iowa Civil Rights Commission's procedures Is exemplified by the language of Chapter 601A of the Iowa Code (1979). The Legislature recognized the importance of encouraging voluntary adherence to the principle of non-discrimination. Thus, It created a procedure designed to focus upon and eliminate discriminatory practices, I while providing a remedy to those aggrieved by the effects of those practices. Indeed, the mission of the Iowa Civil Rights Commission is not limited to the award of relief to those harmed i' j by discrimination, for its powers reach beyond that goal; the I I' Commission's purpose is to hasten the eventual elimination of I it I practices which illegally discriminate against persons, such as I� Linda Eaton. Therefore, the Legislature designed the Iowa Civil I' Rights Commission to have a variety of powers and duties, chief among which are: I' 2. To receive, investigate, and finally determine the merits of complaints alleging I; unfair or discriminatory practices. 3• To investigate and study the existence, character, causes, and extent of discrimina- tion In public accommodations, employment, apprenticeship programs, on-the-job training I. programs, vocational schools, credit prac- II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES I A - 3'1 - tices, and housing in this state and to attempt the elimination of such discrimi- nation by education and conciliation. Iowa Code, §601A.5(1979), Respondent challenges the conciliation process engaged in by the Commission as ineffectual, evidently because it did not in - j volve sufficient quantities of "mediation and persuasion". (T, 1012). This allegation is j patently without foundation, as is II clear from the testimony of Respondent's own witness, Vernell j Warren. Called by Respondent in support of its motion to dismiss, Ms. Warren was the complaince supervisor from the Iowa Civil Rights Commission assigned to attempt the conciliation of the matter of the Fire Department's alleged discriminatory practices against Linda Eaton. (T. 989), Ms. Warren testified to review - Ing the entire file and determining the appropriate remedies for ILinda Eaton, in light of the probable cause finding. (T. 990). !She then provided both Linda Eaton's attorneys and the City's ii attorney with a copy of the proposed Conciliation Agreement prior ito the scheduled conciliation meeting. This meeting was held on j'April 41 1979, with Angela Ryan, Assistant City Attorney; Robert Keating, Fire Chief; Pat Brown, Human Relations Director; Lela !;Waller, Legal Department Secretary; Jane Eikelberry and Clara i '01eson, Linda Eaton's attorneys; and Raymond Perry, Assistant PAttorney General, being present. (T. 1003). This conciliation j! jIwas memorialized in a Case Progress report by Ms. Warren, entered j;into evidence as Complainant's Exhibit 55 and a tape recording made on behalf of the City, Complainant's Exhibit 57. (T,1008).. As Ms. Warren testified, the meeting primarily involved re= ;viewing the various provisions in the proposed Agreement in order j iito determine which were acceptable to either party. (T. 990). JIMs. Warren attempted to determine why the rejected provisions were not acceptable and "tried to suggest other alternatives for i' 11those proposals that were not acceptable." (T, 991), I n i. I • I Ij it MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II0171E5 ■ W F; n r� 36 At this meeting the City made an offer Of -conciliation which i was reviewed by Linda Eaton and her attorneys and rejected as un- lacceptable, although they told Ms. Warren they would present a j counter -proposal to the City. (T. 992), Following the con cilia- tion meeting, Ms. Warren "attempted to encourage all parties to j I� '!compromise in an effort to settle this matter." (T. 9921. She had several contacts with each party after the meeting itself, although none of these contacts resulted in an Agreement resolving: lithe matter. (T. 992), Although proposals for settlement were l iiput forth by both the City and Linda Eaton, significant' points hof difference remained and this situation resulted in a failure ii of conciliation, leading to the public hearing, held in July, 11-1979. While it is certainly in the best interests of the Iowa Civil ;'Rights Commission, the State and all persons involved in a matter I it conciliate allegations of discrimination to a positive con- iclusion, neither the law nor common sense mandate settlement. , Chapter 601A focuses upon the identification of discriminatory l:practices, the encouragement of voluntary resolutions, and, if !that fails, the holding of hearings and Provision of relief. n IiIowa Code, §601A.15(5)(1979). Conciliation is not required, al - I; though it is desireable. It is certainly not desireable nor re- !quired where the discriminatory y practice complained of is not as would be the case were Linda Eaton to acceed to ,the overtures of the City. The City's proposal, Respondents Ex- Ihib1t la, did not fairly meet in the crux of the matter, "whether for not Linda Eaton would be allowed to breastfeed whileon duty." 'i(T• 992). For I,:tnda Eaton to bend over backwords to reach settle- 1inent without a concommitent effort on the part of the City would i.not be a settlement; it would be an abdiction. The operative word I llin the statute is "conciliation", not concession. i+ Various courts examining the necessity and adequacy of con- leiliation efforts by the EEOC have noted the miniscule mandate of i 1Title VII, Actual conciliation efforts by the EEOC are not a pre- i requisite to a subsequent civil action under Title VII. "All that II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES WoI11E5 i BEST A00y�MEiE I Ls roquired 1:; that the plaintiff first present: his charms to the Commission, so that it han an opportunLty to pursue concilia- tion." Dyprcc_ v. Ilut_tz Coal., 1119 F. Su pp. 7611, n.I at 768 (E. D. Fa. 1976). 3lmtlar•l,y, a federal. dinLr•ict. court in Nr.ta York ha:; met the issuer square on: ". . .the ltrw is clear that Title VI7 re- quJres only that the Commtssion have an oL.�porLunl.ty to bring about a voluntary settlement; there is no requirement that conciliation efforts even take place, let alone a Jurisdictional prerequisite that the charging party come to the bargaining table with demands that the other side considers reasonable." I.o Re v. Chase Manhattan Corp., 1131 P.Supp�l, 1971 S.D. N.Y. 1977)• Although conciliation is a preliminary procedure to the holding of a hcrnrl.ng and granting of rclicr, tho extent to which parties must conciliat:c is not ostab:ished h,y ntat:utn, nor could the law require, a rut.i.lc •jeaturo. Iloth povt.ica to thin rnrll.tor presented offer:; of conciliation, which wore ro,jcctod by the `1 I )� opposing party. Efforts at conciliation were made, as requ.lred by law. In a racial discrimination case under Wisconsin's Pall• i Employment Act, the Wisconsin Supreme Court examined the concl.IRI tion process in that State. The court re.cognizod that, prior.AtyWao placed upon end.itig dincr.iminat.ion through concillat.i.on and that conciliation was a "mandatory preliminary procedure" to tho en- trance of enfor'cr:m(.,tlt orders. HowOVOT', I:hc court; clearly rr.cor- n:Lzod the nature of conciliation an a process involvintr compro- mase: "Conciliation requires the asr»nt of both disputing parties to the proposi.tLon that the dispute has ended. Unilateral ofrers by the employer and union, when they are threatened with a finding of discrimination, do not in and of themselves, constitute conciliation. " Watkins v. Do t. or Ind. Labor & Human Rel.,T9 Wis.2d 782,- 233 N.W.2d 3TO , 3 1 197 5) The Commission's agent, Ms. Warren, the parties and the attor•no,yn herein till cngn(;ed In numprou:; ; I:tompta to ronol.vc: the matter Jit a non-11tigatory Pa:;hlun. Thrnt having, l';rl]erl, Cho m­- ce;nary step leas a public hcru•Ine, conducted 1,111a pa:;, July - August, 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIo1NES ■ M i BRIEF POCNTVlf THE DEPOSITION 01+ DR. DERRICK JEL[,[pI'E (CO14PLAIUAIIT'S EX- HIBIT 11$) SHOULD BP' ADMITTED INTO EVIDENCE AS IT MEETS THE STAN- DARDS ESTABLISHED IN THE IOWA ADMINISTRATIVE' PROCEDURE, ACT. AUTHORITIES Iowa Code, 5517A.14(l) (1979). Prior to hearing, counsel for both sides of this matter ar- ranged to handle pre -hearing discovery and preparation in an efficient, if relaxed, manner. Certain stipulations were cntcred Into and accord:; reached, all In tire, Interest of- obtaln.in,r, In the fullest and most expeditious f.lshion ,III oC the evidence rc- levant to the Eaton case. In this veln, counsel for both stcicc+ agreed to the taking of Dr. Derrick JelllPfe's deposition through, a specially arran,^•ed telephone conference, as he is a resident of California. (See, Respondent's Resistance to Motion to CoD!npl i ii Discovery, 1-2). Upon review, liespondent's attorney tardily i is rescinded her earlier, assent and Mod the aforementioned Resis- tance. Then, at the hearing on the rnerlts, counsel for Respon- li dr.nC reasserted the pot;iti.on tukcn In Loll otirller Resistance. and objected to the ruccipt into evidence of Dr. Jolliffe's deposition I (T. 798-99). Subject to this objection, Dr. Jcll.iffe's s',aorn, i' it verified deposatlon was offered by Complainants as their Exh.lbit. 118, to which was appended Dr. Jclli.ffc's Curriculum Vitae and ! i certain graphic representations from his tczi:, Human Milk in the I� t1q-0ern World, (C. Ex. 3, 4, 5). Throughout the discovery phase of tills case, Complainants made clear' their determination to Utilize Dr. Je111ffc's testi- mony. (Complainant Answers to Interrorator.les, No. o for Linda Eaton, No. 1.0 for Thonurs J. Pt.iller). Humcrcnis Respor.sr.n to Ron- pondent'n Motion to Pf'pollee likewise made explicit the detprminn-1 tion to utilize Dr. JOIllffe's expertise. Tn fact:, In two :;uch $EST 11 Responses, the apparent agreement of all. part:.lca to a tclephnno DVAj conference call and recordation of Dr. Jel li ffe's ans!•Icr:; t:o A questions was evident. (Responses to Motion:; to [induce; Sec also Notice of Expert Witness). ,I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES -39- I Arrangements were completed in early July to allow r such fo I ; 'i a telephone conference call at 1:00 p.m. on July 17, 1979. (h;o- tion to Compel Discovery, til, filed July 16, 1979; Resistance to ' M I� i Motion to Compel Discovery, filed July 30, 1979). At 8:30 a.m., i ithe day prior, to the scheduled conference call, the Rrspondent's �I attorney rescinded hor assent, necessitating various emergency I I� legal maneuver::. (Tel.) The aforementioned Motto,, wa:; filed to obtain Respondent's I� attorne j II y's compliance with the deposition methodology previously �l agreed to by the parties and scheduled for July 17, 1979• The i I (Hearing Officer denied this Motion, afterwhich a simllar Motlon i to Compel Discovery was filed (Motion, July 20, 1979). This iMotion was ruled upon by the Hearing Officer in an Order dated � I July 24, 1979, netting the guLdelines by which the utilization of the Jelliffe Lolcphone dopnsit..1oil m.il;ht. bo nccompl Ishcd, an !i lsuch. (ituli.ng of July 211, 1979, pages 2-3). TheroaCter, at the hearing on the merits, Respondent's attorney objected to L'ho h_ receipt of the i p Jell.iffc reposition into evidence upon numerous � grounds. (T. 798-99). I. In light of Hearing Officer Stansber•r`y ruling of July 711, 1979, the nonparticIpati oil of the Respondent's attorney in the telephone conference call, either orally or in writinj; pursuant to Iowa P. Civ. N. 1118(a), vitiates one rationale or her objection. ii Respond ent'n attorney was at all times informed of the arrange- . i i iment.s,, of the call and her voluntary withdrawal from particlpat.lpn 'estops her from j clalml.ng any prejudice. Indeed, Complainants ;I 1 attorneys offered to read the Deposition into tho record In orrier ' I ;I , !Ito permit Respondent'r, attorney to i.ntrrposr an;,' obicrtiona, bill. , werc rebuffed in this attempt. (T. 801-803)• i I , Another ground of the objection to the use of Dr. Jell 1(To '; I�deposition is the failure to moet the requi.rernentn of Iowa R. C1v.1 �I'. 147(a)• Obviously, tho t1mc frame allude(l to above and 0., I i ,$EST I s" )Md :1 1 the doc:umtinL be CO re the Ilea rLil; Officcr, did not DOCUMENT AVAILABLE j1 it .. MICROFILMED BY JORM MICR01_AB CEDAR RAPIDS -DES notnES W DODUM�II INVp1L� permit the propounding; and annwori.ng or written intorrogatorLes. Nor could answers or sufficient clarl.ty and spcclPicity be pro- vided gJvcn the Ln:;url'Lcacnt. time 1'ramc, Dr. J0111fre's schodulc and the oclentific nature of the testimony. (Motion to Compel Discovery, 15). The issue of whether Linda Eaton needed to breastfeed her son,.Ian, Is paramount to both the Complainants and Respondents cases in this matter. The :Lmportance of this issue is evidenced by repeated references to nursing or breast- feeding In documentary evidence. (e.g., R. Ix. N1-(,). In testimony (e.g., T. 293, 363, 383, 792, 836, 903, 915) and, moreover, 1n the evidence or two phynlc.i.ans called by the City. Dr. Samuel. Fomon (T. 1020-51.); Dr. Hoy M. Pl.tk:in, (T. ?On -59). For the CLt-y to now deny the :Importance o1' breastfeeding as an issued Is to deny the obvious. Therefore, any rationale based upon Iowa. R. Civ. P. 1117a, is patently without merit-. It is important to note that the contents of Dr. Jelliffe's deposition were reviewed, corrected, certified, and sworn to by I him. (Deposition, Cp. lix. 48, pal;e 36). This. certified, sworn i testimony was then offered into evidenco. (T. 803). ,I The .Iowa Admintstr';ttive Procedure: Act provIde;, for• the re - I � ce:Lpt into evidence of items not Cradat.lonnlly ruilnitted. �>17A.11t � r (1) establishes a broad standard by which evidence may be re- ceived; and considered: "A finding shall be based upon the kind of evidence on which reasonably prudent per- son: are accustomed to rely for the con- duct of their serious affairs, and may be based upon such evidence even if it would be Jnadmissi.ble in a jury trial. . .Subject to these requirements, when a hearing will be expected and the Interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in vera.rJcd wrAtten t'orm." Inwa (.'Ode, S17A.111(1) (1979). --- Thu:;, the t:cr.t of whether a Noce of writing; may be admitt(:tl into evi(lence 1.s Llircr.cold: (.1) .It ir verirind, (P) will It.:; iI:;e in written form expedite the hearing, and (3) w.l.11 subrtanl:Larl prejudice to a party rosult? The problcnnr; oncountered after MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIES i II July 17, 1979, cautioned tile Complainants' counsel and the writtnll I� introduced (Cp. Lx. 48) was therefore cert:iried and sworn to by JI Dr. Jc1l:Ifre; Lhuc, the verLfication requirement has been met. The use of the verified deposition obviously is analogous i to the use of an affidavit. I Seen in that light, the efficiency i nccOmplJshud through its rcccption and use in a writtne form I. I; oLrar. I+urther, Respondent;; attorneys la -St -minute maneuvers pre- It iteluded any resort: Lo :In-por•son deposLtion proccedin i, i4by either counsel or to 1110 use of Dr. Jc111ffe as Respondents witness. Finally, as to the question of prejudLce, Respondents attor-I 1 ney waived any objection to the use or this document on this 1 ground. When she refused to participate in the telephone con- ference on eLther of the two dates, or to state her specific objections as theGiuestions i and Answers were read into the record.' In any event, the testAmony or both or Respondont's medical wit- nesses confirms the varoc.Ll,y or Dr. Jell: rr(.,'s tentimony a!; .it rlppcar's In th0 (101jonIALon. Dr. r(oy M. )""In tastLrIud that he had seen Ur. ;i01'lil'l'0'• I work, Human 141.1.1: In The Modern World and Ila(1 read others. (I, I' 2113) • Ra t:e:;L'1ri.ed that one diagram from ghat work, Cp. is an accurate representat;los or the let -down response ('f. 211) li it and that breastfeeding is a dyadic and biological process. (T. I li 249). i 1, Dr. Samuel J. Vomon test.iflec] that Dr. JelliCte is a breast-' feeding "enthus.last", who had done,a good (10.,11 of work in dov0.ln-! li pi.ng countr1es, ('I'. 1037) • �Dr. I�on:on at, that; his approach I i �! deals with the cornpononts of m:l.lk r+halc Dr. ,7c11aff0.'s focuses it in the social, economLe, andhiolo;icnl. i process of I ast. Veer] I ng. l I• (T. 1038). While Dr. A'omon conceded that he. and Dr. ,ielliffa I ymay have disagreements on the silbJect of lactation because he does not consider himself an cy.pert In that area (T. 1038), he i BEST I DOCUM AVAILA i LE j II I 1 I , I FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1,101MES I. ii :I testified that he recommended that "babies should, IC possibl(!, i be breastfed" and that "any woman who has an inclination to breastfeed should be given every possible help and support so that she finds it as pleasant and successful as possible." (11'. 1022). �I II For all of the above reasons, Complainant's Exhibit 48, 1: ij admissible and should be examined and considered by the Hearing Officer because of its reliability, relevancy, and importance. i p i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i ■ HI?(ORI? THE LOI:A CIVIL RLcn•rS COMMISSi0,1 •• 'THOMAS J. MLLI,L•'R, . °�c,_ ,/ ATTORNEY GENERAL OF IOWA, I * Complainant, * CP 11 0.1-79-5630 vs. * * CITY OF IOWA CITY and CITY OF IOWA CITY FIRE DEPARTMENT, * Respondent. * * ------_—.-------k ------------ LINDA L•'A'L'UN, * ' Complainant * COMPLAINANT -S POST -HEARING VS. * BRIEF RE: ATTORNEYS' FEES 1 CITY OF IOWA CITY and Y CITY OF IOWA CITY FIRE•' DEPARTMENT, k Respondent. * i * , ISSUE 7 7 UNDER WHAT STANDARD SHOULD AN ATTORNEY FEE AWARD BE MADE TO A COMPLAINANT UNDER CHAPTLU 601A AND HOW IS THAT S'T'ANDARD APPLICABLP' TO '1'111•; INS'TAN'T CASE? AU'I'IIuR 1'1' L ES e Iowa Codg h01A.16 United States_Cod('f 42 U.S.C. �2000e Cedar Rapids Co,m_nunil rr 237, School District v. Pa —P N.W.2nd 486 (Iowa -1975) --"", Newman v. P1Dg-t Park Ent�r�r.ises 390 U.S. 400 (1968) Ablcm=nrle Pager Co_ v_MOOdIZ 422 U.S. 403 (1975) ' Parham v _SOLIthwestern Bell Te.lcpfiOne—Co_ 433 F.2d 421 ((8th Cic. 1970) Fairle�v. IaL,tec,Oq 493 F.2d 598 (5Lh Cir. 1974) "Lawyers and Involuntary Clionts in PLIh.11C Inl.arest Litigation'', 88 _Iorvanl 849 (1975) g Gunther v. Iuwa ;Late Men'.s kkcEormatary 466 I.I.S. 367 (Iowa, 19'19) BEST DOCUMENT AVAILABLE j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES -2 - Lea v Cone Mills Corp. 438 F.2d 86 (4th Cir. 197.1.) Miller v. Amusement' Enterprises Inc. 426 F.2d 534 (5th Cir. .1970) Torres v. Sachs 538 F.2d 10 (2nd Cir. 1976) Fitzpatrick v. nitzer 427 U.S. 445 (1976) Hutto v. Finney 437 U.S. 678 (1978) Iowa Code 94.1(36) DISCUSSION The Iowa Civil Flights Act of 1965, Chapter 601A, 1979 Code of Iowa, was amended effective January 1, 1979, to allow: "Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees." 1 3 Sec. 601A.15 (8) (a) (8). Together with amended Sec. 601A.16 (Complainant can bring District Court action without Admin- istrative Agency after 120 days) this evidences a legislative intent to encourage private enforcement of the statute's goals.2 1. Other Iowa statutes which allow for payment of a "reasonable" attorney fee include Sec. 17A.4(4)(b) (invalidated administrative rule making); Sec. 229.19 (mental health commitments); Sec. 232. 141(1)(g) (juvenile justice); Sec. 327D.16 (treble damages against intrastate carriers); Sec. 511.17 (illegal contracts with insurance companies); Sec. 567.6 (alien escheat proceedings); Sec. 553.12 (anti -competition cases); Sec. 573.21 (claims on public contracts). Other Iowa statutes allow a "reasonable" attorney fee as compared to some statutory standard: Sec. 302.33 (school fund mortgage foreclosures); Sec. •472.26 (condemnation); Sec. 633.198 (probate): Sec. 649.5 (quiet title action); Rule Civi.l_Procedure 294 (partition proceedings). • A few statutes limit recovery of attorney fees to actions brought maliciously or without probable cause: Sec. 106A.12 (navigation cases against non-residents); Sec. 321.510 (use of motor vehicles on a state highway by non-residents); Sec.321.510 (use of motor vehicles on a state highway by non-residents). Lastly, the statute may specify that the Court fix the "reasonable" attorney fee: Sec. 639.14 (release of a wrongfully obtained attachment); or, rely on "the ordinary and customay clarges for like services in the community," Sec. 815.7 (court appointed attorneys in criminal matters). See, Rodriquez v. Taylor 569 F.2d 1231,1249 (3rd. Cir. 1977) (Court appointed criminal attorney fee award not an appropriate comparison for Title VII or 1983 attorney fee awards). 2. within the Eighth Circuit Federal Court -of. Appeals, Iowa's statute has the broadest language for payment of attorney fees. Arkansas does not have a state civil rights law. Missouri's statute, Chapter 296 Fair Employment. Practices Act, has no pro- vision for an award of attorney fees. The Nebraska statute', Chaptar 25.129(6) and the Minnesota statute (Section 363.14(b)) each•give the district- court discretionary authority to award it reasonable attorney fee to the prevailing party. The North Dakota statute (Section 34.061.05) allows an award by 0c Court of "reasonable" attorney fees in a wage discrimination rasp. 111;7._. - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ?10IDE5 ■ -3 - The legislative purposes served by allowing attorney fees are twofold: 1. to enhance enforcement of the statute by assuring complainants that they will not be burdened with attorney fees; and, 2. to deter discriminatory behavior of respondents. i i Under the terns of the statute the payment of attorney Li I fees is included as one factor of "remedial action." Sec. 691A.15(8)(a). Remedial action is dependent upon a finding of discrimination. "If upon taking into consideration all of the evidence at a hearing, the commission determines that the Respondent has engaged in a discriminatory or unfair practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the Respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission will carry out the purposes of this Chapter..." Title VII of the Civil Rights Act of 1965, 72 U.S.C. 92000e et. seq. is the federal counterpart of Chapter 601A. Cedar Rapids Community School District v. Parr 227 N.W. 2nd 486,494.(Iowa, 1975). Under Title VII a "prevailing party" may be allowed "reasonable attorney fees." Sec. 706 (k), 42 U.S.C. § 2000e 3-5(k). In Newman v. Piggie Park Enterprises, 390 U.S.400 (1968) a unanimous Supreme Court authorized the payment of reasonable attorney's fees to the prevailing plaintiff in an action under Title II of the Civil Rights Act of 1964, 42 U.S.C. §2000 a-3 (a) and reasoned as follows: "When the Civil Rights Act of 1964 was passed, it was evident that enforcement would prove difficult and that the Nation would have to rely in part upon private litigation as a means of securing broad compliance with the law...If successful plaintiffs were routinely forced to bear' their own attorneys' fees, few aggrieved parties would be in a position MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS•DES IIOI;IES _4__ Loadvance the public interest by .invoking the injunctive powers of. Lhe federal courts. Congress therefore enacted the provision for counsel fees -- not simply to penalize litigants who deliberately advance arguments they know to be untenable but, more broadly, to encourage individuals injured by racial discrimination to seek judicial relief under Title II." at 402. The Court proceeded to articulate a standard for the award of attorney fees which has been accepted by all of the federal appellate courts. It follows that one who succeeds in obtaining an injunction under that Title should ordinarily recover an attorney's fee unless special circum- stances would render such an award unjust." Newman v. Piggie Park Enterprises 390 U.S. 400, 402 (1968). In 1.975 the Supreme Court reaffirmed its support of the Piggie Park test by holding it applicable to Title VII litigation. There is, of course, an equally strong public interest in having injunctive actions brought under Title VII, to eradicate discriminatory employment practices. But this interest can be vindicated by applying the Piggie Park standard to the attorneys' fees provisions of Title VII." Ablemarle Paper Co. v Moody 422 U.S. 405,414 (1975) The Eighth Circuit has held that even when the plaintiff in a Title VII employment discrimination case fails to establish a right to damages or an injunction, if the lawsuit "acted as a catalyst" for the employer to comply with Title VII, an attorney fee award is appropriate. Parham v. Southwestern Bell Telephone Co. 433 F.2d 421 (8th Cir. 1970). The State of. Iowa shares the goal of federal civil rights legislation of promoting a non-discriminatory work place. This goal will be furthered by adopting the federal standard under Title VII: successful complainants should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES Wl I .- -5- There is no evidence in the record that an award of atLorney rcos in this uo:io i:o precluded by special circumstances. Thu Lacl. Lhai. ::umu Luce; in Lhin cane have been paid by a non-profit organization, the National Organization for Women, is insufficient reason to modify any attorney fee award to the complainant. The payment of fees by a non-profit organization has been found "to be an impermissible rationale" to use in determining an award of attorneys' fees and expenses. "This Court has indicated on several occasions that allowable fees and expenses may not be reduced because appellants' attorney was employed or funded by a civil rights organization and/or tax exempt foundation or because the attorney does not exact a fee." Fairlev v. Patterson 493 F.2d 598,606 (5th,Cir. 1974); Dawson, "Lawyers and Involuntary Clients in Public Interest Litigation," 88 Harvard Law Review 849, 853 (1975); Gunther v. Iowa State Men's Reformatory 466 F.S. 367 (Ia. 1979). 1 Nor is it a "special circumstance" to deny attorney fees i even in "test" cases. Therefore, where plaintiff in an employment discrimination case was not seeking specific iemployment but was bringing a "test case" where he prevailed on the merits, an award of attorney fees was upheld. Lea v. I Cone Mills Corp. 438 F.2d 86 (4th Cir. 1971). i The essential indicium for an attorney Eec award is the existence of an attorney-client relationship. Miller v. Amusement Enterprises, Inc. 426 F.2d 534,538 (5th Cir."1970). In the instant case Exhibit52 demonstrates the existence of an attorney-client relationship and no special circumstances' were alleged or proved at the hearing to withhold an award of attorney fees to the complainant. Torres v. Sachs 538 F.2d 19 (2nd,Cir. 1976). (Title VII does not mandate that publicly funded law firms must be paid rates lower than fee charging counsel). MICROFILMED BY JORM MICROLAB CEDAR RARIDS•OES iIOIMES -6 - the fact that thn Respondent herein is a municipality ircumstance" which would preclude an attorney fee Cur 601A has no exclusion in its remedial action )r state or local governments. The rationale that the possibility of having to pay attorney Ane the City to act in such a manner that further Ligation will not be necessary. Further, the U.S. has held that in a sex discrimination case under Eleventh Amendment does not invalidate an award ges and attorney fees against the state treasury.. Bitzer 427 U.S. 445 (1976); Hutto v. Finney 437 8). :)f the Pio4ie Park stande.rd,'that attorney fees oily be awarded absent special circumstances, is -ted by the mandatorylanguag& of Chapter 601A: ,damages shall include but are not limited actual damages, court costs and reasonable :orney fees." (emphasis added) fla)(8). Chapter 4, Sec. 4:1(36), 1979 tates that: word shall imposes a duty." A.18 indicates that, "This Chapter shall be dly to effectuate its purposes." since there are no special circumstances case a reasonable attorney fee award should Complainant. ISSUE II 30NABLE ATTORNEY'S FEES BE COMPUTED UNDER AUTHORITIES Iowa Code of Professional Resp dibility UR 2-106 In Re Jenneiohn's Marriage 203 N.W. 2d 237 (Iowa, 1972) Am. Jur. Attorneys at Law, 99232 Measure of Compenation PIICROEILMED BY JORM MICROLAB CEDAR RAPIDS -DES raDlnEs -7- SGfY40C,__L.'laswyr.t_h 63 N.W. 683 (iowa .1895) Lunn chscl_y...l'uwa_State_ Ill yhwuy_'9mnl_{:_.Lon_2L9 N.W. 2d 658 (Iowa, 1974) Wilson v. F'_eming 32 N.W.2d 798 (Iowa 1948) Riter v_Davenport., R_I_and N.W. Ry. Co. 243 Iowa 1114 (Iowa, 1952) _,Johnson v. Gcoraia_llighw_ ay Express Co. 488 F.2d 714 (5th Cir. 1974) Berger,S. "Court- Awarded Attorneys' Fe:s: What is "Reasonable?" 126 U. of Pa. L. Rev. 281 (1977) Council for Public Interest Law, Balancing the Scales of Justice: Fin- aancing b is Interest Law in America (1976) �taFP of Towa v. Un1oAsphalt & Roado;ls Inc. 281 F.S. 391 (S.D. Iowa 1968) i -L],IIC1}L$ros. Ruddersv- Amariranitary Com, 487 F.2d 161 (3rd. Cir. 1974), 540 F.2d 102 (3rd Cir. 1976) i Glexnrlv�y,��lestrrn F1e�trir Co. 594 F.2d '638 (8th Cir. ]979) i -Gr-un;n v. rnFernitignal Hour,ncakez513 F.2d 114 (8th Cir. 1975), cert. den. 423 U.S. 864 (1975) _C.Lty_taf let D2.t y_—GrinnPll Corp. 495 F.2d 448 (2nd Cir. 1974) i -DreJd v- W har-ty_MutuaLlnsurancr-_C-a.A80 F.2d 69 (5th Cir. 1973) , cert. den. 417 U.S. 935. Note, Developments in the Law -Employment Discr_mination in Title VII of the Civil Rights Act of 1964, 84 Harvard 1. Re,` 1109, 1257 (1971) ) ( Xulkarn'i v_ Alexanrlpr 18 EPD 8644 (1978) 4-09eys__ New_York Gas Lioht 47 U.S.L.W. 2747 (1979) J1es7th-y Mason City and For. Dodge R. Co. 94 N.W. 467 (1903) _Fisher v. R ams 572 F.2d 406 (1st Cir. 1978) .".bn 4 -u --Y> United StaLes 554 F.2nd 632 (4th Cir. 1977) . _Parker v.—QD.1,UgDO_.182 U.S. App. D.C. 322, 561 F.2nd 320 (1977) �ostr'r v �3aor_Stsn 561 F.2d 340 (D.C. Cir. 1977) -Batesc_Pasifi�-C4s�xaxime Assn, 19 EPD 9132 (D.C. Calif. 1979) i I Prandin; v. Nada anssl Tea Co. 18 EPD 5194 (3rd Cir. 1978) -In_Re-J�ehner's Fate _298 N.W. 656 (Iowa, 1941) i �anhman SSS sc alc_ 19 EPD 9044 (D.C.D.C. 1979) ArCnson v,--Doar Trade_of City of Chicago 372 F.S. 1349 (N.D. Illinois 1974) -ArmstLong v. Board of Education of Birmingham C.A. No. 9678 (N.D. Alabama September 14, 1976) MICROFILMED BY JORM MICROLAG CEDAR RARIDs•DEs o-touas IM. Disc•usS um In :;ctLLng "reasonable" attorney f.uu:; Iowa has relied uprm a multi - f+iclar. Lc::;Lcr' from IIIc 2-100 of Iho Iowa Codu Lgn_.11 Iccspon:_i_bi1i1._y,. Ln Ilu_.,lcmnu_jo!uI':;_ht�rriagc 203 N.W.2d 237 (Iowa, 1972); pm. Jur_ Attorneys at- Law, s 232 Measure of Compensation. It is noted at the outset that the wealth of the clinet and any contractual arrangement between the party to be awarded the fees and the attorney are not factors considered i in fixing a reasonable foe. Stevens v. Ellswroth 63 N.W.2d 683 I ' (Iowa 1895); Carmichael v. Iowa State Fl.iahwa Commission 219 i N.W.2d 658 (Iowa 1974). Also, Iowa authorities agree that attorney fees are noL taxable an part of the; costs in an action unless specifically authorized by sLatutc. Wilson v. Fleming 32 N.W.2nd 798 (Iowa, 1948); R.iter V. Davonport, R.I. and N.W. Ry. Co._ 243 Ia. 1114 (Iowa 1952). The'attorney award, if any, is owned by the client. Carmichael, suhrzl. Dr2-106 Fees for Legal Services, Iowa Code of Professional Responsibilitv states: "Factors to be considered as guides in determining L!Ie reasonableness of a fee .include Lhc following: (1) The time and labor required, the novelty and difficulty of Lhe questions involved, and the skill requisite Lo perform Lhe legal service properly. (2) The likelihood, if apparent Lo the client, t.hal the acceptance of the particular employment will preclude other employment by the lawyer (3) The fee customarily charged in the locality for similar legal services. (4) The amount involved and the results obtained (5) The time limitations imposed by the client or by the circumsEances. (6) The nature and .length of the professional relationship with the client (7) The experience, reputation, and ability of the lawyer or lawyers performing the services. (8) Whether the fee if fixed or contingent. In tnc frequenl:ly cited ensu of Johnson v_.- Ccor1la._Ifighwa.y, I Express: Co. 488 F.2d 714 (5th Cir. 1974) the Fifth Circuit applied each of these factors in an umployment. dLscriminat.ion BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ilo RIES -9- case, and other courts have followed their Lead. However, the application of this multi -factor approach in the civil rights field has be -un fraught with probloms. Samuel Berger notes that the: "courts have provided Car mor, atbractive financial inducements for .lawyers to represent private anti-trust complainants and that oftentimes fee awards in environ- mental and civil rights litigation have been unreasonably low." Berger, "Court Awarded Attorneys' I•'ces: What is "Reasonable?" 126 University of pa. [,._ Rev. 281,2.92 (1977). See also, Council for Public Interest Law, Balancinrnthc scales of Justice: FInancino Public Interest Law in America (1976); Stat. of Iowa V. Union Asphalt & Roadoils. Inc. 281 P.S. 391 (S.D. Iowa, 1968). In short, the multi -factor test has often been applied inconsistently and unpredictably in the federal courts. The 'Third Circuit in Lindy Bros. Bu.ildcrs_v__American Sanitary Corp. 487 F.2d 161 (3rd Cir. 1974), 540 F.2d .102 i (3rd Cir. 1976) has devised a briefer list: 1. The number of hours spent in various legal ' activities by the individual attorneys 2. The reasonable hourly rate for the individual attorneys 3. The quality of the attorneys' work. I Under either approach the process of setting the fee award i ^s with a multiplication of the number of hours found to have been reasonably expended by a typical hourly rate -for that type of litigation in the particular area. This is the j "lodestar figure" used by the Third Circuit, Limy eros., supra. � I In a case cited by the Eighth Circuit as a "model of clarity which should serve as an example for the proper com- putation of attorneys' fees awards," Clevorly__v._Wcs,Ccrn Electric Co. 594 F.2d 638,642 (8th Cir. 1979) this approach j BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES V -..•'­� -10- was explained as follows: "These factors will be considureii in the following manner: first, a deLormination will be made of the number of hours spent by plaintiff's counsel, and in what manner; second, a value will be placed on those services by consideration of the customary fee charged by plaintiff's counsel; finally, this initial figure will be adjusted by consideration of the remining factors." See also, Grunin V. International. House ofCnncakcs 513 P.ld 114 (8th Cir. 1975), cent. den.. 423 U.S. 864 (1976). Thus, the first: step in computing the attorney fee award should be to ascertain the number of hours reasonably expended and multiply that number by the typical hourly fee. For while no final just and adequate fee can be determined by this procedure, "it is the only legitimate starling point for analysis. It is only after such a calculation that other, less objective factors, can be introduced into the calculus." CiIY oE_Udlro.il v._.Cri,nncl Coi:p. 495 I•'.2d 448 (2nd (:ir. 3 1974). a. TIME EXPENDED BY ATTORNEYS As indicated in Exhibit 51 Complainant's attorney submitted detailed time records from contemporaneous office records. Time of volunteers was not included. rime spent on non -legal aspects of the case, e.g., media problems, was not included. b. TIME EXPENDEN) IN D1. TRICT COURT AND ON GRIEVANCE' 'Pima was included for representation of Comp.lainanL in the Iowa District Court of Johnson County in an action to obtain a Temporary Injunction to allow Complainant to breast- feed at work during the pendency of the action under Chapter GOLD. 3. A distinct minority view of one court for :;ening attorney fees recently advocated a "cost plus reasonable profit :margin" approach. Copeland _v_. Marshall 48 U.S.L.W. 2017 (1979) BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 9 4lhile thin action Wil:: noCf.iLed under C1-1111 r 1 601A, L. hr. luw,i Civil lights Commia:;ion had intervened under TOWO 1411e of Civil Procedure 75 without objection by Complainant Eaton and a 'remporary Injunction granted which is still in effect. 'rhus, the District Court ar, a mattcr.�uf comity deferred t•o the jurisdiction of the administrative agency to allow the statutory scheme of Chapter 601A to proceed. In this case, the Complainant was thrcat:ened by the Respondent with termination of employment and the District Court prevented that by issuing a Temporary Injunction restraining the employer from firing the Complainant for breastfeeding on the job. Therefore, the Complainant went directly to the State District Court on the same facts and occurrences which became the basis for the complaint under Chhater. 601A. Since under 601A the Complainant. could not herself seek temporary injunctive relief. (Sec. 691A.5 reserves the power to seek a temporary injunction to the Civil. Rights Commission) she had to rely on the traditional equity power of the: Iowa Court, asking it• to act expeditiously and then, with the protection of the 'Temporary Injunction, pursue the course of Chapter 601A. The facts and circumstdnces of the grievance matter for which attorney hours are claimed (1-.xhib.it 51 1.6 hours) are part of the instant casa. Complainant filed a grievance to eliminate negatA ve .inferences being on record about. the Complainant's breant.feoding and job performance. Whereas, Respondent• sees the facts of the grievance as part: of their usual and customary evaluation process, Complainant contends in this matter that it was an example of retaliation, a violation of Chapter 601A..11, and therefore necessary for her attorneys' action. Since the subject matter of the temporary injunctive suit and the grievable issue were the same as the complaint before the_ Iowa Civil Rights Commission BEST' DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S 1101flES ■ W -.12- and pursued concurrently it .is fair and cit.,il.able Lhat Lhc time expended on same should be included Ln the computation of any attorney fee award. Drew v. Liberty Mutual Insurance Co. 480 F'.2d 69 (5th Cir. 1973) cert. den. 417 6.5.935 held that in cascs in which irreparable injury is shown and likelihood of ultimate success has been established, the individual emp.loyce may bring her own suit Lo InainLain the staLus quo pending admLnistrative action and an award for attrneys' fees is appropriate. The Court quoted with approval from Notre, Dcvclof,ments in the laity -- i i Employment Discrimination in Title VII of the Civil Rights Act � of 1964, 84 Harvard L. Rev. 1109,1257 (1971). "...it would seem that if a court has the power to grant a preliminary injunction when the final decision authority is an administrative body, a , fortiori it should have the power to award such j relief when it must only defer to the agency for a period of attempted conciliation and the final decision authority rests with the Court. Indeed, such an injunction might be ccnLral to preserve the Court's ability to later order meaningful relief." The United States Court of Appeals, District of Columbia faced a. similar situation where they held that a federal employee who prevailed in a job bias complaint was entitled to reasonable attorney's fees including fees for the work done on a suit at the administrative level*and for work done on a prior suit brought under the Administrative Procedure Act pertaining to the same discriminatory event. The Court found that the attorney's fees clause of 'Title VII includes the awarding of fees for a vital and closely related non -Title VII action. Kulkarn.i v. Alexander 18 LPD 8644 (.1978). The Complainant's first suit was held not actionable under 'Title VII but only under the Administrativo Procedure Act. The analogy here is that Complainant Eaton's i suit was not initiated under the.Chapter 601A but was actionable under Iowa Rule of Civil Procedure 320. In BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES .'IOINES i KU lkilrn i, UIC Court Said: "The remaining issue is whethar Lhc• fee ativrd if] this action can also Lake into considrroLA(1n the led;tl work, donor at. Lhe admini:ilrativa lcvul and in the fir:;t. suiL, C.A.No.76--347. The answer mu:;t b(' aEfirmatiVc!_ the award can and should cover all INA. work, up to now, which was reasonably appropriate to the end- result. It is settled in this circuit: that, iE tha employee prevails, the attorney's compensation award Properly includes legal services rendered at the administrative level before (or alter) filing of the court complaint under Title VII. (citing P_UrlSCL. Foster, supra) The court has also indicated coverage for legal services performed in prior court litigation pertaining to the same discrimination claim (such as the first suit here). See Grubbs v. Butz, supra, U.S. App, D.C. upra, at 22, 548 F.2d at 977. t•!c think it irtunaterial in this instance that the first suit was held notsustainable under Title VII but only under the Administrative Procedure Act. The holdinq Of the first suit--in which appellant clearly prcvriilerl in a significant-. way--is a necessary pre di.cate for ,i l,trq,r part- of his claim in the present action and, as this opinion shows, furnishes a vey iugiorLttnL raa:;on why he prevails now. •Though the fee provision of. Title VII ... authorizes, an award of fees in a court suit only .if that litigation in brought under Title VII (as is the present action) the literal terms of I that clause do not I preclude consideration the award of: services renderedinsonclosely itol setting i integrally connected a prior non-Title VII casedas the first suit here. The purpose of 'Title VII to t encourage and abet vindication by covered employees (including federal employees) of their rights against discrimination calls for such a broad, liberal, and sensible reading of the fee provision. w Parkrc, suCiting pra." fIn analogous Si Luationsattorney Lime spent on collatara] proceed.incir; ha:; been included in an ILI.ornoy Cee award, When I it TiLle VIL complaint was r.esOl.ved at the state: Civil Rights i I Commission hearing level the Federal Court hats entertained suit for aLtorney's fees and awarded them. C,'� V, A0 YOrhSss1z-1, 9J1.t C11t}z 47 U.S.L.W. 2747 (1979)'. Or, .in a Title VII action, time spent by an attorney enforcing a consent decree is includable in an attorney fee award. Rates v. PacifJc Mar.it_iin� �;it_n•., 19 BPD 9132 W.C. Calif. 1779) . In Iotaa, an award of atLorney'., CcOS to part-Acs who benefited Erom the settlement of it car;c wa hold propuc where the statute provided that "reanonabla ,iLtorney's fort; shall be paid." IlcLJth v. Mason Cit and _y _ Furl- Dodge R. Co. 94 NW 467 (1903). Further, federal employees who prevail on BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -14- their employment discr.iminaLion complainl.:; I]cEorc the Civil Service Commission may be granted aLt.ornuyS' fees under Title VII. Fisher. v. Adams 572 F.2d 406 Cir. 1978). Und r Title VII the District Court can granL fees to prevailing parties for work done on the administrative as well as Court Level. Johnson_, supra; Parker-Y. Califano 182 U.S. App. D.C. 37.2, I 561 F.2d 320 (1977); Foster v. Uoorsten 561 F.2d 340 (D.C. Cir. 1977) . In the: instnat: matter the Respondent's counsel acknowledged the District- Court action covered the same facL situaLion as Lhe i Complaint before the Iowa Civil Rights Conmrission (T. 11) and i j that people named as defendants in the District Court suit "have a direct interest" in this administrative agency complaint. i (T. 10) . C. TIME SPENT ON THE ATTORNEY FEE ISSUE Included in Exhibit5lis time spent on the compilation of ithe bill, the research time on the issue of the Payment of attorney fees and hearing time addressing than issue. Time reasonabiy necessary to obtain a reasonable fee should be i included in tho fee award. 11onndin.i v. National 111ca Co. 18 EPU 5194 (3rd cir. 1978) ;;Cates that: ' Ij I "StatuLurarily authorized fees are not paid out of Lhe plaiu,.if:f's recovery and the attorney in socking his fee is not acting in any sense adversely to the plaintiff's intcrc:;t. Hence,. the time expended by attorneys in obtaining a j reasonable fee is justifiably included in the attorneys' fee application and in the court's fee award." id. TIMI•; EXPENDED ON FACT INVESTIGA'CION AND AT THE ADMINISTRATIVE AGENCY LEVL•'1 Chapter 601A, a:; does 'Title VII and other stale civil rights statutes, Outlines a schume for setLlcmcnt of discrimination allegations through the adminisLcative agency I structure before a Complainant goes to Court. Restricting BEST DOCUMENT AVAILABLE I AI1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01HES M i 9E7M an award of attorney Lecs to time: spent only in Court: would hamper the legislative intent for informal resolution of these cases outside of the judicial system. It would have the anamolous result of having complainants pay their attorneys' fees if the case were settled at the state administrative agency hearing level but not pay attorney foes if the Complainant had to go to Court. ...parties and attorneys would be Less likely to try and diligently to resolve claims at the administrative level knowing that they can only recover fees once they get to federal court." Carey v. New York Gaslight Club, Inc. 47 U.S.L.W. 2747 (2nd Cir. 1979). Further, the Iowa statute clearly gives the authority to award attorneys' fees to the administrative agency for Complainants and to the District Court for Respondents. e. CUSTOMARY FE1-:S CHARGRD IN THE COMMUNTTY ExhibiL50 aLtc:;L:: to Lhe f.ilclthat: in Iowa City, Iowa forty dollar:: ($40) .is a usual and customary hourly fce for an attorney. Further., affidavits of complainant's counsel attest that this rate is a common one in their. practice. In Re Dohner's Estate 398 N.W. 656 (Iowa, 1941)(aLtorneys may testify themselves as to the value of their services or may use qualified witnesses). To avoid penalizing attorneys who are willing to work on civil rights cases, any diminuat:ion of this hoursly feet: should be explained with particularity. Sen .9. 1=.9EJC, suura. Further, the attorneys herein for Complainant have demonstrated their past and continued interest in civil rights litigation by their community involvement in legal education talks for the general public on civil rights, the expenditure of time and monies for continuing legal education in civil rights and their representation of civil rights claims within the possibilities BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES a3�5 i r •-hs- 1�. Of a general practice in Iowa City. f. RESULTS OBTAINED The consideration of results obtained as a factor in the case is an attempt to reach a general conclusion cuncerning risk. As a practical matter, one looks at lhn care from the perspective of a reasonable attorney's evaluation of the case at its inception and its likelihood for success. Burger, supra, reconunends: "If, viewed from the perspective of a reasonable attorney looking at the case from its outset, success was virtually assured, there has been no significant risk and there should be no adjustment. If the Conrt con- cludes that success was more likely than not at the outset, an .increase in the fee award in the range of 5001, would be appropriate. Where the court concludes that the chances for success was about even at the outset an increase in the hourly rate in the range of 100% appears l appropriate. Finally, if the case appeared unlikely Lo succeed when initiated, an increase in the basic hourly rate of up to 200% may be justified to compensate the attorney for the substantial risk undertaken'.' at 326 I The question herein is whether a reasonable attorney presented with the case on or about January 22, 1979 would feel that he/she: could be successful in allowing an unmarried female firefighter to breastfeed her infant sone at the firehour.e. It seems alsmost certain that I any reasonable aLtornoy would con:;ider this: a high i risk case. If. the above calculus of Berger is accepted a 200% increase in the hourly fee herein wou19 result in an hourly raLc of: $120.00. Bachman v. PortSChUk 19 EPD 9044 (D.C.D.C, 1979) (Reviews hourly rates for attorneys in Title VII cases in the District of Columbia circuit). While on the face it may appear a .large hourly rate it is nothing more than a recognition of the many unique and unusual facts: which crr_atcd ,1 high risk liliclation ca::o in civil rights law. BEST DOCUMENT AVAILABLt r, - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES i -17- If the percentage increases above are deemed to overstate the value of an attorney fee hourly rate for this kind of case in Iowa, it is still appropriate to allow some percentage increase as a recognition of the risk of the litigation. g. THE NOVELTY AND DIFFICULTY OF THE QUESTIONS INVOLVED To the best knowledge of counsel of Complainant this is the first case attempting to adjudicate the .interests of a breastfeed -in-, mother who is a f.iref-.ighter4 however, more unique may be the procedure utilized by Complainant's attorney of relying upon the traditional equitable power of --the District Court concurrent with using the statutory remedies of Chapter 601A. To the knowledge of Complainant's counsel this is the first case which used the combination of the State District Court equitable power and the jurisdiction of a State Civil Rights Agency to obtain, expeditiously, temporary injunctive relief for the Complainant while the case in chief moved forward through the administrative agency. Also, as indicated in L•'xhibiC It Complainant's counsel had to spend significant time educating themselves on the issue of lactation and its compatibility with the unique occupational demands of being a firefighter. Finally, the amendments to Chapter 601A effective January 1, 1979, including an entirely new remedial action section presented issues of first impression for adjudication. h. THE SKILL REQUISITE TO PERFORM THE LEGAL SERVICES Complainant's counsel in this action were called upon to demonstrate legal knowledge of the State's Civil Rights 4. Pcnderarass v. Toombs, 546 P. 2d 1103 (Ct. App. Ore., 1976) (Incarcerated felon, filed habeas corpus action asking for release to breastfeed her child denied, but Court stated: "...breastfeeding is a constitutional right and ...in the unlikely event that a governmental unit would attempt to interfere with breast feeding by a free citizen, the action would un- doubtedly be held to be unconstitutional" i BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S t10111ES ■ i PcdoraI Civil Iti(IhL:; .taw ;Ind St.nLe and I•odor<iI procedur.:a curd con:;Litutional. provisions to devise an apprupr.ial.(: 1ery,11 mechanism t:o al Low Complainant- to breastfeed her child aL work while pursuing her discrimination claim. During the course of their representation, counsel for Complainant were involved in many hours of mediation and negotiation, court room representation and administrative hearing repre- are sentation. While some of these/skills traditionally used by any attorney in general practice, their application to the unique facts of this case and in the civil rights area in general rf:q.uLrcd a degree of thnughL' and croat.iviCy .lacking in many ocher kinds of actions. I. THE ACCEPTANCE OE' TIIE PARTICULAR EI4p1.,OYMKNT AND PRI?CL,USJON OF OTHER EMPLOYMENT BY THE LAWYER. As indicated in their affidavits Complainant's counsel are a two member law firm in practice for under three years when this case was accepted. Counsels' affidavits attest to i the fact of their diminished ability to accept other employment because of the press of time of this matter. Nor has their I i representation attracted any significant now employment. I i J. TIIE AMOUNT INVOLVED AND THE RESUI,TS 0STA1NED As noted by Herger, ;n)pra, because (.here is little money involved in a civil rights claim the award for attorneys' fees should not be diminished. What- is the value of being able to do one's job in an atmosphere free of discrimination? What is the value of being able to operate in the employment j context free from retaliation by an employer? Because of the i nature of issues confronted in civil rights litigation the use of the dollar amount of any damage award as a measure of the I attorney fee damage .is peculiarly inappropriate. Herein, the client has indicated a deep commitment to breast.r.eeding w}iiln maintaining her unique employment status as a firefighter. i TIEgT DC)GU:YI IsN'r kyML.A_BLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ItO RIES I.. • -19- Counsel for Complainant were successful in meeting this client goal. K. THE TIME LIMITATION IMPOSED BY THE CLIENT AND/OR BY THE CIRCUMSTANCES. As indicated by Exhlbit 52 attorneys for the Complainant accepted this case on January 21, 1979 and within five days i had received District Court InjuncL.ive relief for the client to maintain her breastfeeding and work schedule For a client who was undor the threat of imminent termination and had already been suspended from her job the promptness of the i result can only be labeled stunning. The Lime limitations i 1 imposed by the client and the circumstances of the case i I necessitated Complainant's counsel effectively being on duty on this case around the clock for ten consecutive days when the case was first acquired and for intense significant i periods during the pendency of the litigation. i L. THE NATURE AND LENGTH OF THE PROFESSIONAL, RL'LATIONSHIP i wI'i'LI THE CLIENT � As indicated in ExhibitC52 Complainant's counsel first - had an attorney client relationship with the Complainant on January 22, 1979 and met with Complainant p periodically I throughout the litigation to "debrief" the Complainant as to her job conditions. The necessity for this and the increased time resulting was necessary due to the harrassment, retaliation and difficulty of the working conditions imposed by the Respondent. It should be remembered that every day, week and month of this litigation the Complainant- was performing an activity which the Respondent deemed unusual if not bizarre: breastfeeding her son at work. As indicated from Exhibit R22 the Respondent kept the ComplainanL under virtual daily scrutiny. In an attempt to understand, evaluate and cop(, with this situation it was necessary for Complainant's counsel �•JBE ST' DOCUMENT '��EABIJ; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10111ES -20- Lo meet with her frequently. These s0ssi01':: were done by only one attorney. NI. THE EXPERIENCE, REPUTATION AND ABILITY OF '1'IIE LAWYER OR LAWYERS PERFORMING THE SERVICES. Counsel 'Affidavit explains in detail these factors as perreived by Complainant's counsel. Since each counsel has only been practicing for three years, information was provided about their actions prior to their membership in the Bar and their continuing involvement with civil rights as well as information about their general law practice. N. WHETHER THE FEE IS FIXED OR CONTINGENT There is general recognition that competent counsel cannot be attracted to difficult contingent cases for hourly rates. Virtually no court has suggested that anti-trust fees, for example, should be limited to prevailing counsel ordinary rates. Arenson v.Floard of Trade of._ Cilv of Chicago 372 F.S. 1349,1359 (N.D. Illinois 1974) (lead counsel awarded $400 per hour). Most courts which have compensated for a contingency factor have done so by multiplying the standard hourly rate or giving: a fixed bonus. AERiLr0D v, hoard of_ EdUQAtio�pfyl.CMi1l9haIn, C.A. No. 9678, N.D. Alabama, Sop t. 14, 1976) ($60.00 per hour average for period of 1973-76, with 15% qugmentat.ion). Finally, if Complainant receives some but not all remedial actions sought she should still be awarded attorney fees. Brown v. Boorstcin supra; NAACP V. Bell 448 F.S. 1164 (D.D.C. 1978); Firebird society v. Members•of Board of Fire Comm. 433 F.S. 752 (D.C. Conn. 1976) affd. 556 F.2d 642 (2nd Cir. 1977); Grubbs v. Butz, 548 F.2d 973 (1976); Schaeffer v. San Diego Yellow Cabs Inc 462 P.2d 1002,1008 (9th Cir. 1972). BEST DOCUMENT AVAILAnl,E II1CROFIEMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES _21 CONCLUSION" For the reasons advanced gprn an award of attorney fees should be made to Complainant under a standard that absent special circumstances a Complainant should ordinarily be awarded reasonable aLtornay fees under Chapter 601A.15(8)(a)(8). Further, that ho:ppecial circumstances have been demonstrated and an award of reasonable attorney fees is appropriate remedial action pursuant to Chapter 601A. 15 (8) (a) . BEST rjOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES M r... CCRTIFICriTE OF S. �,VICk ihounder►Ipne4 arhlin that the luepoing insuu.nenr W Mem qUk W Ovum to Ma above cause by Mew on Nraal M tlta Umad slates Man. N=maddFMmd (a each of [heal. Wmpalt� 1011 rasa addresses aloM 111a 46 19 BUST DOCUMENT AVAILABLE Respectfully submitted, IOWA CIVIL RIGHTS COMMISSION 'I'IIOMA,S�d�"NfILI.,I•;12 �._ At rney Gonaral of I w�r BY: _ Victor Herrin Assistant Attorney ene Civil Rights Division 507 10th Street Des Moines, Iowa 50309 (515) 281-4482 elan zz 'v\_1 Clara Oleson Attorney for Complainant Eaton Oleson & Eikleberry Suite 6, Paul -Helen Building Iowa City, Iowa 52240 (319) 354-4056 eberry /Attorney for Complainant Ea�t� Oleson &-Eikleberry Suite 6, Paul -Helen Building Iowa City, Iowa 52240 (319) 354-4056 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tl01flES "I CkOF ILklfL .9 - JORM MICROLAB City of Iowa City MEMORANDUM DATE: December 14, 1979 i0: City Council FROM; City Manager RE: Informal Agendas and Meeting Schedule December 17, 1979 Monday 1:00 - 5:15 P.M. NOTE CHANGE IN STARTING TIME 1:00 P.M. - Council agenda, Council time, Council committee reports 1:30 P.M. - Streetscape Phase II -B 2:15 P.M. - Review Senior Center Plans and Specifications - Senior Center Staff 2:45 P.M. - Preliminary CIP Presentation - Staff 4:15 P.M. - Budget Projections - Finance Director 4:45 P.M. - Executive Session - Collective Bargaining 5:00 P.M. - Consider appointments to Human Rights Commission December 18, 1979 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers ? December 20, 1979 Thursda 7:30 P.M. - Special Informal Council Meeting - Conference Room (518 and executive session - collective bargaining) December 22, 1979 Saturday 8:00 A.M. - Council Legislative Committee meeting with Area Legislators - Highlander Inn December 24, 1979 Mondav No informal Council Meeting December 25, 1979 Tuesda No formal Council Meeting - HERRY CHRISTMAS! ? December 26, 1979 Wednesday 7:30 P.M. - Special Informal Council fleeting - Conference Room December 31, 1979 Monday No informal Council Meeting January 1, 1980 Tuesda No formal Council Meeting - HAPPY NEW YEARI January 2, 1980 Wednesday 11:50 A.M. - Organizational Meeting - Council Chambers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES II0E7IES City Council December 14, 1979 Page 2 PENDING ITEMS Northside Study Area Transportation Study Airport Commission Funding Request Undergrounding of Services in CBD Spruce Street Drainage Problem Appointment to Resources Conservation Commission - January 8 Appointment to Committee on Community Needs - January 15 Meeting with Board of Adjustment/Staff Human Services Requests - January 3 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIm ES E r City of Iowa City MEMORANDUM DATE: December 14, 1979 TO: City Council pRW; City Manager RE: Informal Agendas and Meeting Schedule December 17, 1979 Monday 1:00 - 5:15 P.M. NOTE CHANGE IN STARTING TIME 1:00 P.M. - Council agenda, Council time, Council committee reports 1:30 P.M. - Streetscaoe Phase II -B 2:15 P.M. - Review Senior Center Plans and Specifications - Senior Center Staff 2:45 P.M. - Preliminary CIP Presentation - Staff 4:15 P.M. - Budget Projections - Finance Director 4:45 P.M. - Executive Session - Collective Bargaining 5:00 P.M. - Consider appointments to Human Rights Commission December 18, 1979 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers ? December 20, 1979 Thursday 7:30 P.M. - Special Informal Council Meeting - Conference Room (518 and executive session - collective bargaining) December 22, 1979 Saturday 8:00 A.M. - Council Legislative Committee meeting with Area Legislators - Highlander Inn December 24, 1979 Monday No informal Council Meeting December 25, 1979 Tuesday No formal Council Meeting -MERRY CHRISTMAS! ? December 26, 1979 Wednesday 7:30 P.M. - Special Informal Council lieeting - Conference Room December 31, 1979 Monday No informal Council Meeting January 1, 1980 Tuesday No formal Council Meeting - HAPPY NEW YEAR! January 2, 1980 Wednesday 11:50 A.M. - Organizational Meeting - Council Chambers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES Ho1nES k, City Council December 14, 1979 Page 2 PENDING ITEMS Northside Study Area Transportation Study Airport Commission Funding Request Undergrounding of Services in CBD Spruce Street Drainage Problem Appointment to Resources Conservation Commission - January 8 Appointment to Committee on Community Needs - January 15 Meeting with Board of Adjustment/Staff Human Services Requests - January 8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111[5 11 1 �Z9 INFORMAL COUNCIL DISCUSSION DECEMBER 17, 1979 INFORMAL COUNCIL DISCUSSION: December 17, 1979, 1;10 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Roberts, Perret, Vevera, Councilmember-elect Lynch. Absent: Erdahl, Neuhauser. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Others present for certain discussions, as noted. TAPE-RECORDED: Reel A79-29, Side 2, 933 -End, and Reel H79-31, Side 1, 1-1150. AGENDA AND COUNCIL BUSINESS 993-1823 1. Balmer questioned intent of memo from Traffic Engr. Brachtel re street light attlover/Friendship. City Mgr. Berlin explained the present policy. There would be the same number of lights but at different locations. He agreed that the residents should be notified, and advised that Northside residents had presented a petition requesting changes in their area at the Revenue Sharing hearing. A memo regarding this hearing will be received by Council next week. Lynch asked for a memo from the Police Chief re lighting or alternatives to solve assault problems. Discussion will be scheduled for an informal meeting. 2. Item #15, contract with Kelly Security in the Block 84 Parking Ramp was questioned. How many people will be hired, hours? Berlin stated that the staff did not want to advertise hours, and a trained policeman was not necessary. The car is necessary and is the small vehicle assigned to parking systems during the day. Contract will be amended to provide for one guard only. There were no Council objections. 3. Regarding memo from Plastino/Vitosh concerning the hiring of an Asst. Transit Mgr., Berlin advised that no decision on the routes was necessary Tues. nite, but if there was no objection, staff would like to proceed with installing the signs and advertising the position immediately. 4. Perret called attention to memo from Mose on FY81 Transit Assistance Mose advised that DOT is receiving negative responses from all over Iowa, and asked that the area legislators get input from Council - members. This will be added to the agenda for Saturday's meeting. 5. Item N16, Ordinance and memo from Showalter regarding division of cemetery/park property. The property was purchased with cemetery bonds, only 5 of the 80 acres is suitable for cemetery use. If land is given to the park, it can be given back for cemetery use if needed. Legal description of park needs to be resolved for grant regarding shelter at park. Lynch obsorved that the need had not been shown for a change from cemetery tG park. Berlin will check to see if the State will accept the present boundaries. 6. City Clerk Stolfus requested addition of Resolution approving Sunday Sales Liquor Permit for Yen Ching, 1515 Mall Drive to the Consent Calendar. 7. Berlin reported on the problems concerning the cemetery wall, and the request from citizens for a sidewalk for safety of school children. It was noted that consultant Noel Willis had studied the problem & reported previously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES _..' Page 2 Informal Council December 17, 1979 Kucharzak explained use of CDBG 5th year funding for housing rehab in renter -occupied properties, under '312' program. Present and proposed projects were noted. There is a one-person staff, and the program will end June 30, 1980, if possible. STREETSCAPE IMPROVEMENT PROGRAM, PHASE II -B Hencin, Chiat, consultant Leaman, Poupe ka; Gibson & Mossman for Univ.; Dietz Berlin advised that the consultant would make a presenk'.ation, and staff is seeking permission to go out to bid. Leaman called attert;o;i to the memo regarding the construction schedule and budget summary. Poupelka explained the concept, & gave an overview of why things are the way they are, outlined the coordination with the University, and answered questions. Bus shelters will be placed in the median strip. During Mall opening hours, riders can wait there. Gibson stated that the University opposes bus shelters along the Pentacrest, as they are not architecturally compatible with the historic register designation of the Pentacrest. City Mgr. & staff are negotiating with University representatives regarding sharing costs of amenities, benches, new cable as a result of River Corridor Sewer project. Concern was expressed by Councilmembers over the higher cost of the benches the University wants to install. A majority of Councilmembers were agreeable to preparation of the bid proposal as discussed. SENIOR CENTER PLANS AND SPECIFICATIONS Miller, Showalter, Benz, Hencin, & Consult—an—tBITI Nowysz. 2764-ENd City Manager Berlin stated that staff needed a decision to proceed to the bidding stage. Roberts suggested that hiring of a consultant for cost estimate was unusual. Nowysz reimbursed the City for Tape 79-31 Side 1, the fee. (This process was used in Library project, also.) Alternatives were discussed, and will be left in 1-500 the bid proposal. Balmer expressed concern in tearing out sidewalk just installed on the Washington St. side, for on -grade access. Other entrances were pointed out. An alternative for q4, painting, is cloth -back vinyl sheet. An historical grant has been applied for, and will be used for replacement of windows. In funding, it is possible for the $35,000 from Ecumenical Housing to go into the General Fund and then $248,400 will be needed to balance with CDBG funds. Space for offices was discussed. Berlin advised that the Space Colmnittee will be coming up with alternatives. The Center will have a 50 yr. life expectancy, and is designed as a low maintenance building. Nowysz advised that there is no grant available for solar energy. After discussion of roof repair, the consultant will look into the new type of roofing. There was Council consensus to move ahead on the bidding schedule. DEFERRAL OF CAPITAL IMPROVEMENTS PROGRAM PRESENTATION City Mgr. er in advise that the CIP presentat o would be moved to 7:30 PM Thursday, December 20th, along with the discussion on Freeway 518. And discussion of collective bargaining would be rescheduled for Dec. 26th. BUDGET PROJECTIONS Vitosh, Jones present 5004150 Memo in 12/14 pac et noted. Funding of housing inspection discussed. State law mandates inspection every year, legislators could change it. Program is almost self-supporting, not counting minimum housing inspection. Concern was expressed over costs of maintenance of Senior Center. Some costs will be one- time expense. Staff will meet with County to discuss participation in operating costs. If health & life ins. costs are moved out of the general fund, it would raise taxes. $800,000 shortage of funding discussed. Berlin noted that MICROFILMED BY JORM MICROLAB EEnAR RAPIDS -DCS 'IOImES , Informal Council Page 3 December 17, 1979 there will be several options, and mechanisms within the budget to cut and paste, or face the music and make decisions. Mayor Vevera stated that he sensed a consensus to not put off till next year what is bound to happen. Berlin noted that Councilmembers are going to tell their problems to the legislators. EXECUTIVE SESSION i Moved by Perret, seconded by Vevera to adjourn to executive session for discussion of collective bargaining under Sec. 9.3, 4:45 P.M. Affirmative roll call vote unanimous, 4/0, Neuhauser, Erdahl absent. Councilman - elect Lynch present. Staffinembers present: Berlin, Stolfus, Helling, Vitosh, Jones. Council discussed the AFSCME collective bargaining. Tape-recorded on Reel N16, Side 2, 1236-2224. Moved by Perret, seconded by Balmer to adjourn, 5:15 Ph1. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES 1101NES fo NOTES: BENCH SUPpL/EO BY B£NCH MX(, CORP., MOOEL 8,0.' 2, OENCH FRAME d SUPPORTS C457 IRON, PAINTED 7t7 MATCH OBnUAM/N M27640 (RONCLAO RUST RBTAROO, BRONtFTONL S /(5ro 0. 3 ALL SLATS 2"r3' EXCAL/EUA 5AAOG PURFLQHEART� M/LLEO 3MOOTH W/TN EASS0 EDGES - 4. ACL BOLTS STA/NL5S5 STEEL, 'i ALL OLNCHES TO HAVE 5/)VGL.E ARMREST DETW"Al EACH 4=0' 3EG77/0N. G, SET ALL 9CNC14ES PLUMB � LEVEL (WHEN ON 5LOPE, MOUNT AT /7" AV&, NEldIM7,. �/ i :'iG�/rtA N .gC/1Giv FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DESS FIOINES `- 07 IRON SVPPORT3 (7-y MI:.k,VILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIDIDES STEEL ANµOQ "I"S (NOT /NCL,) ' �•:'i �••►.: V:.:••••►'�• _ ;'y"!„' �:..:.. ..9• SH/^I£i FOR LEV /NG, EL ,►• v..,. —.r:.' ' ' (NOT /N - SLAa ' `t,i �•'e7 i. +poi.{+��:•i.v...i�•i;: i., •n ANCHORAGE DETAIL MI:.k,VILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIDIDES NIcKINLEY ENCLOSED WALKWAYS CENTRAL LIBRARY ADDITION. TAMPA, FL Architect: McElvey, Jenneivein, Stelany 8 Howard, Inc. Contractor: Peter Brown Co., Inc., Clearwater, FL EUCLID PEDESTRIAN BRIDGE, ST. LOUIS, MO Architect: Eugene J. Mackey, III, Inc. Contractor: Albers Construction Co. FIRST NATIONAL BANK, CLINTON, IA Architect: Expression, Inc. Contractor: O. Jorgensen 8 Sons Construction Co., Inc. MEMORIAL HOSPITAL. CLARKSVILLE. TN Architect: Hibbs and Johnson Contractor: James W. Harris Building Contractor Phone collect or write for full information. o. o. MCKINLEY co., Inc. P.O. Box 55265 • Indianapolis, IN 46205 Telephone (917) 546.1578 q "ICROFILMED 0'r JORM MICROLAB _ 1 Vim %• X\ �k 1 ag �'�ti� Market Square. Indianapolis, Indiana. Lincoln County High School. Lincoln County, Kentur The McKinley Company has specialized for over 30 years in the design and fabrication of unique products from all metals. While the practical and attractive walkways shown in this folder are typical of McKinley quality, products, they are but one of many kinds of architectural products from McKinley ... raneine from custom metal products to fascia, sun and weather control products and quality finishing. The McKinley Company is ready to serve your particular needs with experienced engineering consultation and help... call on McKinley. SPECIFICATIONS SCOPE: Furnish material. labor. and equipment to fabricate t.: aluminum and plastic elements of new enclosed passageway connecting the carious buildings of the complex. MANUFACTURER: THE ORMAN 0. AIcKINLEY CO.. INC. 4530 N. Kesslone Arc. Indianapolis, Indiana 46205 SHOP DRAR7NGS: Complete shop and erection drawings shall be pre- pared and submitted before fabricatiun. it EASUREJIENTS: Measurements of the concrete walkway .hall be taken in the field before finalizing erection drawines. General Contractor shall cooperate in holding the number of direction chances and grade changes to a minimum. WORKMANSHIP: Fabrication. finishing, and installation shall be first-class in every particular. AIATERIALSt All metal members are extruded aluminum, alloy 6163 -Ti, in shapes as detailed. Glazing panels shall be 1, " thick bronze tinted acrylic sheet (or as specified). GL•Izing gasket is to be closed -cell sponge neoprene. Fasteners shall be stainless steel: or plated steel. Painted, in. o. McKINLEY co. Inc FABRICATION: Main extruded "tee" shape shall be si:up fabricated into "bents- as detailed using cold -bending !echnigate so as not to destroy the finish. All other extruded aluminum members shall b^" fabricated (drilling. cutting, milling. etc.) prior to finishinu. Acp•lic sheets are to be cul -to -size in the shop. FINISHING: All aluminum shall be elven a chemical treatment consisting of an eight -step cleaning process and flonderite conversion. Following this, material shall be color -coated with •t flurocarbon polymer over a compatible primer. Color -coating shall be applied under controlled con- ditions by airless spray method. then fusion -cured in a comeyorized electric convection oven under precise temperature regulation. ERECTION: All installation shall be performed in first-class manner. Bents shall be spaced precisely according to the erection layout and shall be set plum and square with the walkway. Horizontal members shall be neatly and securely fastened in place. Acrylic sheet glazing panels shall be carefully glazed •into openings. the vault panels being cold - formed to conform to the curvature of the bents. Gasket must be continuoushapplied about perim- eler of acrylic sheet. 4530 N. Keystone Avenue Indianapolis, Indiana 46205 11.1-6 SAl PRIMED IN USA. FI ICROFIUIEO BY JORM MICROLAB Crone RAPI05.OEs t101R[s I 77edi-fieml. [,,, FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES NOTE: ALL EXPOSED METAL SURFACES TO ON PA/NTGO TO MATCH aE-"JAMIN MOORE /RONCLAO RUST RETAROO, bRONZETONG a /43/QO- •OCTAGON LANTERN hVW-33 W/TM SINGLE 2_50 W MERCt/RY VAPOR LAMP LAMPS BY 07'MZR5) 'CAST ALUM/NUM HOUSING WITH P -S PLEXIGLAS PANELS •GA57' IRON "EDGBWATER" ROLE GALL.AST /N POLO FOR ANCHOR OOL,T3 •ACCES•s DOOR /N POLE 4`CdVCRETE S/q�WgLK� P2 EXP,,sr RECESSFO WITH JOINT F/LL•Cq 4- 2" AM=NOR BOLTS CONOUI7'6V I2• MIN, OGPTH SIZE VA,R/BS ' :ONC R ETE FOOT/NG :OMPACTEO SUOSO/L Z-�� JOINT COUNCIL -BOARDS AND COMMISSIONS MEETING DECEMBER 13, 1979 JOINT MEETING WITH CHAIRPERSONS OF IOWA CITY BOARDS AND COMMISSIONS: December 13, 1979 at 3:30 P.M. at the Highlander. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Roberts, Perret, Vevera and Councilmember-elect Lynch. Absent, deProsse, Erdakl, Neuhauser. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Meeting not tape-recorded. F City Manager Berlin stated that each representative would discuss the accomplish- ments of the previous year, plans for the next year, and would advise if any assistance from Staff or Council was needed. Representatives of various Boards and Commissions present were as follows: Board of Appeals -Warren Buchan Broadband Telecommunications Comm. -Robert Pepper n Airport Commission -Dick Phipps A Senior Center Commission -Lawrence Carlton C Resources Conservation Comm. -Phil Hotka G Parks & Recreation Comm. -Bob Crum h Civil Service Commission - Jane Anderson Housing Commission -Diane Klaus 5 Human Rights Commission -Agnes Kuhn r' t1 Riverfront Commission -Bernadine Knight i Board of Zoning Adjustment -Jim Harris Committee on Community Needs -George Swisher t Board of Electrical Examiners -Ferrell Turner Design Review Committee -Annette Lilly Library Board of Trustees- Randall Bezanson { Planning & Zoning Commission -Richard Blum Meeting adjourned 6:30 PM. MICROFILM BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES