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1973-01-16 Correspondence
■ C"unNC6 M. UPOCOI r OI COOBSLL TO TIIL TIRR ARDITRATOR Or W10" DISPOTCS Wlv. M B. BARTLRT R.A.SLOAS 48: AR L1: c s • i LnNv O rFI r•. T B •vTTORC EYS AT LAKY 640 SOM11 CLIRTOv STRRG -P. O. Box 100 IO\G1 GITY. IOWA aec•w January 11, 1973 ARCA Cone 310 IOWA GlT PROVE 000-94136 SOLON PROVE 04-Y4000 The Honorable Tim Brandt Mayor of Iowa City Civic Center Iowa City, Iowa 52240 In re: Vacation of alley between Holt Avenue and Templin Road Dear Sir: On behalf of our clients, Mr. and Mrs. Robert Johnson, we respectfully request that at the meeting of the Council when the pro- < posed ordinance vacating the above-mentioned alley in Black's Park Add ition is on the agenda for its "first reading," that, the rules be suspended and the ordinance be then read twice with a third and final reading to be scheduled for the next regular meeting. We make this request to expedite this matter inasmuch as no objectors appeared at the Council meeting of last Tuesday,' January 3 1973, when the public hearing for vacation was held (Agenda item # 21). Moreover, our client's interest in vacation of the alley relates only to that portion contiguous to their property and until the vacation is completed, we cannot cure a technical title objection and close their attempted sale of the property. Respectfully, BARTLEY LAW OFFICES By l• Raymond A. Sloan, Jr. RAS:nr cc: Honorable Pat White, Councilman v cc: Honorable Pat White, Councilman 523 East. 12th Street, Des Moines, Iowa 50319 Telephone 515 281.5974 Dear Public Official: The Community Development section of the State Office for Planning and Pro- gramming has scheduled a series of advisory seminars dealing with the Community Development Program presently in operation in Des Moines and the possible appli- cation of those programs to.various Iowa communities and other governmental levels.. One such seminar is scheduled for your area on January 18,.1973. I would there- fore like to take this.opportunity to extend an invitation to you and members of your 'staff to attend so that wemight exchange informatioq`pertinent to the prob- leets of your coronunity. Community Development and Revenue Sharing are the most recent federal initiatives developed to. give local governments a more',relevant role in attackinglocally identified problems. ` However, attacking the wide variety of community problems must be doneina comprehensive manner from the standpoint of both planning and governmental cooperation. In line with this thinking, the seminars will also include the participation of several governmental entities including mayors, coun- cilmen city, managers, county supervisors$ school district 'representatives, and regional planning commission representatives. You will find enclosed information on the site of the seminar as well as the agenda items to be covered. I would be most appreciative if you would notify me in regard to your availability on that date. If you have further questions, please feel free to contact me. Thank you for your cooperation. Sincerely, ROBERT A. WRIGHT Administrative Assistant for Community Development Division of Municipal Affairs RAW:kI Enclosure AGENDA 'TOPICS I. Slide Presentation TI. Comprehensive Planning Intergovernmental Task Force IV integrated Services' V. Special Presentation (Gelated to the Demonstration Cities Program) Ell January 6, 1973 TO: Mr. Ray S. wells, City manager, City of Iowa City, Iowa Mr. John E. Pappas, Director of Bus Transportation Mr. Ralph Spears, Director of Public Works Mayor Tim Brandt, and Members of the City Council: Laren L. Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemen: The undersigned, and other affected residents of the 300 and 400 blocks of Lee Street, hereby petition that arkin remain on one side of Lee St. Said Street is of 25' width, bounded on one end by Park Road kwithout parking) and on the other by. River Street (also with parking limitations). We request this due to: Unusual circumstances of not ,having intersecting blocks for parking Exceptionally steep driveways on lower Lee St. that cannot be used under inclement weather conditions, and other unusual driveway problems which would allow no guest parking Residents would be cut off from having guests, holding meetings and general use of homes - General traffic on Lee St. does not deem proposed action of no parking necessary We would appreciate personal survey of this area to acquaint you with unusual conditions and would welcome meeting for discussion. NAME j 4 .S' J)z.Lt�� rt' ADDRESS ly3Ll L.ec' Scree g3tl L -ex SI . S''G L•� t7 s�- u See Page Two - Page Two - Lee St, Petitinn Po. Retain parking January 6, 1973 ADDRESSi /U--O'( See Page Three - li 24 January 6, 1973 TOt Mr. Ray S. Wells, City Manager, City of Iowa City, Iowa Air: John E. Pappas, Director of Bus Transportation VMr. Ralph Spears. Director of Public Works Mayor Tim Brandt, and Members of.the City Councili Loren °L.'Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemen The undersigned, and other affected residents of the 300 and 400 blocks of Lee Street, hereby petition that parking remain on one side of Lee St.'- Said Street is of 25' width, bounded on one -end by,Park,'oadTithout parking) and,.on the other „by River Street (also withparking lia�itations). We request this due to$ Unusual circumstances of ndt having intersecting blocks for parking - Exceptionally<steep driveways on lower Lee St. that cannot be used Under inclement weather conditions, and other unusual ? driveway problems Which would allow no guest parking Residents would be,cut off From having guests, holding meetings, and_general.use of homes General traffic on Lee St. does not deem proposed action of no parking necessary - We would appreciate personal survey of this area to acquaint you with unusual conditions and would welcome meeting for discussion. `- NAME ADDRESS � .��• .��e�•,w ,�, x/34 'l-�h %�-reef N 3-5 .• e Sly L Sr See Page Two - Page Three = Lee Street Petition res Retain Parking January 6p 1973 NAM/ ADDRESSs �iGeaT ,GN 0 �E 32::l�s�c��� 3l� �� n I. • CMCCIENTEF1.4i0F WASHINGTON ST. IOWA CITY, IOWA S2240tPAO 3I9-351.1600 LA. o tl •I.Y/A CIfY, IOWA• Fu-nt<L IJO: January 19, 1973 Mr. and Mrs. Donald C. Bryant 903 Highwood Street Iowa City,, Iowa 52240 Dear Mr. and Mrs. Bryant: lonThe City Council received your letter aonesside ofwith hLee etition be ret ain in ted' ark ecia requesting that p 4 Street at their meeting on 'January 16. The Council appr receiving your views as to the-desireability of retaining reet, and will keep in mind the parking on one side of Lee Stof the several comments receceoffrom parking ons certain bus routes and relating to the subject narrow streets. The Council discussed the subject of various methods of parking restrictions in conjunction with certain kstreet widths at'a recent meeting, and as y probably il as to wha asked the staff to provide further detacould asses stthe streets would be affected so that they impact of the proposals. in discuss this subject in the The Council plans to aga near future when the'informaton,requested is available, and will give serious consideration to the comments received from persons in the community. Sincerely, Xf— Thomas H. palmer Administrative Assistant THP: db 425 Lea St. Iowa City, Iowa January 9, 1973 Kir. Ray S. Wells, City Manager Mr. John E. Pappas, Director of Bus Transportation Mr. Ralph Spears, Director of Public Works Mayor C. L. Brandt, and Members of the City Council Loren L. Hickerson Edgar R. Czarnecki Patrick White Robert J. Connell Gentlemens RE: TO RETAIN PARKING ON ONE SIDE OF LEE ST. In addition to attaching our signatures to a petition being presented to you on the above' subject, we wish to stress our particular situation. Due to an unusually steep driveway it necessary for us to leave our cars in the street during winter storms. This driveway steepness was increased by the City at time paving was laid (home was constructed prior to paving of street) as the graded drive entrance was lowered; also. our closest street is Park Road, which prohibits parking. The developing of additional off street parking on hillside is impossible.' We propose that the bus routing (which brings about this possible proposal of no parking) be continued down River Street, eliminating the difficult corner for a bus to turn at River and Lee St., continue around Rocky Shore (an existing street without parking) and continue up Park Road (another no parking Street) with bus stop on Park Road at Lee St. This routing would serve same area patrons; would not prove a hardship on persons in the area and would allow Lee Street to retain the present degree of availability'. S ii'ncc -erely, Calvin A. Knight ` Bernardine M. Knight CIVIC CENTER. 410 E WASHINGTON ST. yp. g f "r � �l / ©• (����y'! p//y�/�/�//�/� IOWA CITY, IOWA 52240 w - 0 o � � 319951.1800 ... •IOYJA •A:':gYJA• January 19, 1973 Calvin H. and Bernardine,M. Knight 425 Lee Street Iowa City, Iowa 52240 Dear Mr. and, Mrs. Knight: ,The City Council received your letter along, with the petition requesting that parking `be retained on one side' of Lee Street at their meeting on January 16. The Council appreciated receiving your views as to the desireability of retaining parkingon one severaon one tscomments side of Lee street, and will keep in mind the received from members of the community relating to, the subject of; parking on.certain bus routes and i narrow streets The Council discussed the subject of various methods of parking restrictions in conjunction with certain street widths at a'recent meeting, and as you probably know, asked the staff to provide further detail as to what streets would be affected so that they could assess the impact of the proposals.' The Council, plans to again discuss this subject.in the near future when the,information,requested is available, and will give seriousconsiderationto the comments received from persons in the community. Sincerely, Thomas H. Palmer Administrative Assistant THP,:db SOUTH RIVERSIDE^DRIVE SANITARY SEWER IMPROVEMENT PROJECT ;WITHIN THE CITY OF IOWA.CITY, IOWA TO THE PERSONSOWNINGLAND LOCATED WITHIN THE -DISTRICT DESCRIBED AS THE SOUTH RIVERSIDE -DRIVE `SANITARY SEWER IMPROVEMENT PROJECT 'WITHIN THE.CITY'OF IOWA CITY, 'IOWA: consisting of the properties which are described as follows: SECTION I>- LIFT STATION Beginning at the intersection of the Chicago, Roc;: Islam: and Pacific 'tailroad Southerly right-of-_virv,linc and the Wester]; bank of the Iowa -River in Section 22 rllnt•;nahir "i'1 �_•. = a==yC o Ivesc or .the Fifth Principal Meridian, Iowa City, Johnson.County Iowa; thence Southerly,'along the said Westerly, bank of the Iowa River to the Southeast corner.cf Lot 3 of Paden's Re - Subdivision of Lcts 1 and 4 of Charles Subdivision of said Section 22 Thence Northwesterly along the Southerly line of said Lot 3 to -the Southwest -corner of said Lot 3; thence Southwesterly totheSoutheast corner of the Burger Construction Company parcel as recorded in Deed Record Book 329, Page- 66, records of the Johnson County, -Iowa Recorder; thence South 01° 36' 34" West 221.87 feet to a point; thence North 89' -54' 25" East 198.01 feet to a point; thence South 0° 05' 35" East to a of said Section 22; point on the South line thence Westerly along the South line of said Section 22 to the Southwest corner of said Section 22; thence Westerly along the South line of Section 21, Township 79 North, Range 6, West of the`Fifth`Principal Meridian to a point of intersection with `the Easterly right-of-way line of said Railroad; thence Northerly along the Easterly right-of-way line of said Railroad to a point of intersection with "a line drawn parallel with and 230.0 feet Southerly from the North line of the Southeast_quarter_of the Southeast quarter of said Section 21;' thence Westerly along a line drawn parallel with and 230.0 feet Southerly from the North line of the Southeast quarter of the Southeast euarter of said Section 21 to a point lying 217.0 feet Easterly from the. Nest 'line of the Southeast quarter of the Southeast quarter of said Section,21; -8_ ANLERS. COONEY. DOAWEILER. ALLBEC \ HAYNIE. LAWYERB. DES MOIN EB. IOWA I thence Northerly '230.0 -feet to a point of -intersection with the North line of the Southeast quarter of the 'Southeast quarter of.said Section 21, said point lying 217.0 feet Easterly from the Northwest corner of the Southeast quarter of the Southeast quarter of said Section 21;,. thence Easterly along the North line of the Southeast quarter of the Southeast quarter of said Section 21 to`a.point of intersection -with the Southeasterlyright-of-way line of said Railroad: thence Northeasterly along the Southeasterly right -of wav line of said Railroad to the most Westerly corner of the C. Urban Kelly _trust property as 'recorded in Deed Record Book 334, Page 236, records of the Johnson County, Iowa Recorder; thence South 211 56' East 623.2 feet; thence North -56° 59' East 320.9 feet; thence North 210 56' West 716.4 feet to a;point of inter- section with the.Southeasterly right-of-way line of said Railroad; thence Northeasterly along the Southeasterly right-of-way line of said `Railroad -to.point of beginning. SECTION II - SANITARY SEWER Parcel No. 1 The North 11_.25 acres -of that part ofLot 1, of Charles' Subdivision of Lots 5`and 6 -of -'Section 22, Township 79 - North, Range 6 West of the Fifth Principal Meridian (and'other'lands).lying and:being South and East. -of the right of way of the B.C.R. & N. Rai lday,';and also all that part of Lot 7 of.;saidiSection 221 which lies South and East of the right of way of said railroad; containing 2 acres, said; last' tract being the same tract conveyed by Jacob Y. Stover and -wife to D. H. McDonald„ by deed, recorded in Book:'58, page 446, oftheDeed Records of Johnson County, Iowa,_and reference is had to said deed for a more particular description.of said tract. Parcel No. 2 Beginning at the northwest corner of Lot,2 of Paden's Resubdivision of.Lots l and 4 of -Charles': Subdivision of Government Lots5 and 6 located in the southwest quarter of Section; 22, Township 79 North, Range 6 West of the Fifth Principal Meridian and shown on page 138 of Book 1 of the Plat Records of Johnson County, Iowa; thence east on the north line of said -Lot 2 a` -distance 'of 650 feet; thence south 2"degrees 40 minutes west 134 feet; thence west650feet; thence north 2 degrees 40 minutes east 134 feet to the place of beginning. -9- ANLERS. COONEY. DORWEILER. ALLSEE i HAYNIE.. LAWYERS. DES MOINES. IOWA - - Parcel No..3 Lot 2 of Paden's Resubdivisionof Lots 1_and.4`of Charles' Subdivision of the southwest -quarter.of'Section `22, Township 79 North, Range 6 West of the Fifth Principal Meridian, according -to -the plat thereof recorded,in Plat Book 1, page _138[of the Plat'Records-of Johnson' County, Iowa, excepting therefrom the following described tracts: Beginning at the northwest corner of.said Lot 2, Paden's-Resubdivision; thence east on the north line of said Lot.2 a distance - of 650 'feet; thence 'south '2 degrees 40 minutes west 134 feet; thence west650feet; thence north 2 degrees 40 minutes east 134 feet to the place of`beginning-and commencing at a`point on the east line of the'Public Highway, which point is 134 feetsouth'2 degrees 40 minutes west of the northwest corner of said Lot ,2.of-Paden's'Resubdivision; thence south 89 'degrees 25 minutes east 252 feet; thence south 2 degrees 40 minutes west 153.5 feet; thence north 89 degrees 25 minutes west 252 feet; - thence:north`2 degrees 40 minutes east 153.5 feet to the place of beginning. Parcel No. 4 Lot 3 of Paden's.Resubdivision of Lots1 and 4, Charles' Subdivision `of"the southwest quarter of 'Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, according;to the plat thereof recorded on Plat Book 1, page 138 of the Plat Records of Johnson County, Iowa, excepting therefrom the following' described tract: -- Beginning at a point 202 feet southwesterly from the northwest' corner' of said Lot 3,, Paden's.<Resubdivision, and on the west line thereof; thence south 85 degrees 52 minutes east 384 feet; thence south` 17' degrees10minutes west 549 feet to the original south line of said Lot 3; thence north 76 degreeswest215 feet; thence north 5 degrees 30 minutes west 360.5 feet; thence easterly 21 feet; thence north 2 degrees .40 minutes east 142 feet to the place of beginning; The area of the entire tract so described is 3.7 acres, more or less. -10- AHL[R[. COONry. DOPW[iL[11. ALLiii HAYNIE. LAWYER[; DES MOINEs. IOWA . -- The extent of the work 'completed on the South Riverside Drive Sanitary Sewer Improvement Project, is as follows: ....... SECTION I LIFT STATION Lift Station installation - a -new prefabricated two pump; sewage pumping station_ locatedapproximately430 -- feet east of the northwest corner of Lot 31 Paden's Re Subdivision of Lots 1 and 4 o Charles'Subdivision,, Iowa City, Johnson_County,jowa. -- Force Main - 4 inch cast iron pipe commencing at the proposed new Lift Station -located along the north.line of Lot 3, said Pade.n's Re -Subdivision.' The centerline of said force main is described as'follows: Commencing as a point of reference.at the northwest corner of.Lot 3, Paden's Re -Subdivision of Lots 1_and 4 of Charles' Subdivision, Iowa City, Johnson County, Iowa; thence East 430.0 feet along the north line of said Lot 3 to`a point of beginning of centerline herein described; thence North 11° 11' 00": East 506.0 feet to a point; thence`North*00'-10' 00" West 265.0 feet to a point of intersection with the north line of Lot -2; said Paden's Re -Subdivision; thence continuing North 00 10' 00" West 10.0 feet to a point; thence West 495..4 feet along a line parallel with and 10.0 feet north of the north line of said Lot 2 to a point -,in the South Riverside Drive right-of- way; thence North 2* 12' 00" East -139.6'feet to.a point; thence North 420 48' 00' West -27.0 feet to -'a point; thence North 2°,12' 00" East 89.5 feet to a point and end of centerline herein described. AHLERS. GOONEY. DORWEILER. ALL*EE HAYme. LAWYER*. DES MOINES. IOWA _.......... ........ .......... ..... SECTION 1I- SANITARY SEWER Sanitary Sewer - 8 inch vitrified clay pipe, commencing atthe new liftStationlocated along the north line of Lot 3, Paden's Re -Subdivision. .The centerline of said Sanitary Sewer is described as follows: Commencing as a point of reference at the 'northwest corner of Lot 2,-Paden's Re-Subdivision`of'Lots l and 4 of Charles' Subdivision, Iowa City, Johnson County, Iowa; thence East 497.4 feet along the north line of said Lot 2:,to a point (this is an assumed bearing for purposes of this description only) thence North 00 10' 0011. West 10.0 feet to point of beginning of centerline herein described; thence South 0°`10' 00" East 275.0 feet to'a point; thence South 110 11' 00" West 506.0 feet to a point; thence South 170 01' 30 West 440.0 feet to a point; thence North 720. 44' 30" West 10.0 'feet to a point and -end of :centerline herein described. - You are hereby notified that the final plat and schedule of assessments against benefited properties wi. thin the.Districtdescribed as the South Riverside _ Drive Sanitary Sewer ImprovementProject, for the construction of sanitary sewers, has been adopted and levied by the Council of the Muni'cipality.:of Iowa City, Iowa, and -°that said plat and schedule of assessinents has been certified to the.County Auditor of -Johnson County, -Iowa. Assessments of'$25.00'or more are payablein ten equal annual installments commencing with the installment due January 1, 1974, together with interest on the unpaid assessment attherate of -7% per annum from :-January 16 , 1973 , the date of the acceptance -of the improvements. Assessments of less than $25.00 'must be:paid;in one - installment during the regular tax collection: -period in"the year 1974 . You are furthernotified that assessments may be paid in full without'' interest at the office of the County Treasurerof Johnson County; Iowa, at.the County.Courthouse in Iowa City, Iowa, at,any 'time within`thirty.days after the date of the said certification' of the plat and schedule of assessments to the County Auditor, which certification took' place on January 19 19 73 f (date of filing with County Auditor). Unless said assessments are paid in full within said thirty day period which' commences on January 19 , 19 73 1 (date of certification) , -12- ANLERS. COONEY. DORWEILER. ALLSEE HAYNIE. LAWYERS. DES MOINES. IOWA -w� the assessments will draw interest at the rate of 7% per annum from Januar •16 , 19 7.3 (date -of acceptance of work by Council to the next JuncTTst following the date of payment. All properties located within the boundaries of the South Riverside Drive; Sanitary Sewer Improvement Project, above described have been assessed for the cost of the making of said improvement,' the: -amount of each assessment having been set out in the schedule of assessments' and plat accompanying the same, which are now. on file -in -the office of the County Auditor of Johnson County, Iowa. ,For further information you are referred to said plat and schedule of assessments. This Notice given by direction of the Council of the City of Iowa City, Iowa, as prescribed by Code Section 391A.25 of the Code of Iowa, 1971. ANLERS. COON EY. CORWEILCR. ALL669 • HAYNIE. LAWYER!. DIES MOINCS. IOWA [' January 18, 1973 Johnson Co. Regional Planning ATTN: Robert Hilgenberg 22 1/2 S. Dubuque Street Iowa City, Iowa 52240 Dear Mr. IIilgenberg: At ,their meeting on 'January 16th the Iowa City Council named Roberta Jacobs,606 S. Johnson St. and Linda Dole, 242 Ferson, as Iowa City representatives to the Johnson County Regional Planning Commission. Will you add their names to the list for notification of meetings. Thank you for your assistance. Yours very truly, Abbie Stolfus City Clerk AS:ja Office of City Attorney (319) 997-9005 January 12, 1973 The -Honorable - Mayor ^and City.Council Civic .Center Iowa City,' Iowa RE: 'Parking Ramp Case Gentlemen: We have 'reviewed the Parking Ramp.Bond Ruling by the Court and on the basis of our review and consultation with our bonding.attorneys, submit the following' report and recommendations: Initially, we would like to state.that the'Court made a finding that fine collection costs must be paid from the parking meter;revenues,' we disa- gree. The City's accounting system pays the enforcement costs out of the proceeds of; parking fines which are paid into the general fund. This account- ing treatment was approved "and initiatedwith the 1972 budget after: consults- tion with the City's finance consultant, auditing firm and bond attorneys. Only meter'fine'collection 'costs are paid'out of'the general fund. The operation andmaintenancecosts are paid out of:theparking meter fund. Costs of collecting,fines is; paid out of the .fines themselves. State law requires those fines to be paid into the general fund. Find, -collection costs were paid `out 'of the fines as:good.business+practice and is not ,related to'`the revenue bonds and this would be our recommendation even if no revenue bonds were to, be issued. The small amount of these costs are not paid from the general' fund' in order to issue revenue bonds.' They could be issued if the collection costs were paid by parking revenues. We disagree with the Court's finding that where the statute states "may be paid out of", that this requires said payment. Also, we are confused'with the finding of fact by the Court that the City has not paid off the $120;000.00 of prior parking revenue bonds. These were paid off on-..'...July11;,1972, and we believe the evidence at the trial was that they had been paid and the record will so show. Although not of the criticial importance of the other items in the decision, we believe the above matters should be reviewed on appeal. if one is taken. -2 - January 12, 1973 To: The Honorable Mayor and City Council In our opinion„ the serious implications in the Judge's decision are the two findings summarized as follows: 1) That only revenues from the facility itself may pay off the bonds and not revenues of the entire system if another issue is outstanding. 2) That the parking revenues must pay a portion of street maintenance costs because these are on street parking spaces. These two findings.appear'to us to raise questions on all revenue bond issues of any kind ---'sewer, water, bus,recreation and others. It"is'our opinion and that of our bonding attorneys, that if the above two findings are correct,.that it would invalidate our previous sewer revenue issue and the recent Des Moines Parking Facility issue. Obviously, we disagree with therulingsof the Court as do bonding attorneys in Des Moines and Chicago. It is imperative that an appeal be taken to resolve these issues. Remedial legislation would not seem to be appropriate until after we have had a determination by the Supreme Court since the lower Courts ruling appears to challenge the basic theory of revenue bonds in Iowa. This appeal is necessary and'important.whether or not the `Council.wishes`to" proceed on the Linn Street Parking Facility because future planning for any revenue facility is obscured by this decision. It is our.recommendation that an appeal be authorized. A copy of the decision accompanies this report. Very truly yours, p J H. Honohan <- City Attorney JHIi: sb Enclosure IST THE DISTRICT COURT OF IOWA, IN. -AND FOR JOHNSON COUNTY R. THOMIAS DOUGLASS, ET AL, )- a: ` Plaintiffs,' ) No. 41520 and 41521 VS. ) FINDINGS OF FACT,; - ) CONCLUSIONS OF LAW, ti THE CITY OF IOWA CITY, A ) AND 'DECREE Municipal Corporation, -Et Al, ) �; _ Defendants. ) t, y These cases are suits in ,equity, No. 41520 being an action brought by the Plaintiffs R. Thomas Doudl�lass,- Warren Paris, and John C. McLaughlin, seeking ;injunctive relief'restraining the City of Iowa City, and'its council from issuing and selling Parking.Facility Revenue Bonds and from using parking rates as,a source of general revenue and No. 41521, being a'petition for. writ of certiorari against the State, Appeal Board to order the Board to take 'jurisdiction of .an appeal filed July 17 1972 on the question issuance i by the City of Iowa City of the Parking Facility Revenue G Bonds. -2- - FINDING OF FACT Trial to, the Court was held on October 24, and 25,;1972. Plaintiffs were represented in both causes, by Joseph C._Johnston, Preston M. Penny. and Daniel L. Bray. t` Defendants City of Iowa City; the Mayor and Councilmen, were -represented by Jay H. Honohan, Kenneth H. -Haynie, and, James M. Hess. ',Defendant State Appeal Board was represented by John Beamer, Special Assistant 'Attorney General who was not present._ Evieence was received and arguments.made. On May 2, 1972'; the.City Council.'of Iowa City on enacted a Resolution setting a Public Hearing the pro= posed issuance of $2,000.00 in Parking Fac lity:,Revenue Bonds for May 167 1972. After publication of legal notice, hearing was held thereon and the City Council on May 16' enacted a Resolution calling for the instituting of.the procedures required by law for the issuance of -"said bonds.' At the same k meeting the Council approved the plans, specifications, and [, form.of contract for the construction of a multi-level parking facility to be financed by the proceeds of said bond sale and also enacted a Resolution advertising forbids on the -' construction of said parkingramp.'' aome modifications were . made in the plans and the Council after another public -' hearing readvertised for said construction on June 6, 1972.' Ordinance No. 2632 was presented:,as required ' by law at three different Council Meetings and was adopted on July 3,'1972,'and at saidmeeting the Council enacted a Resolution directing -the advertisement for bids on the sale' of said bonds. Ordinance No. 2632 was published''July 12, 1972', 2' 7: as required by law. Bids.were received by- the::City on the sale of the revenue bonds subsequent.thereto.. `- -3- f On July.17, 1972, an appeal was taken by approximately 150 persons to the State Board of Appeals. r On July 18, 1972, the`$2,000.00 ParkingFacility RevenueBonds P -appeal were awarded subject to the_ to Wilson White &; Associates Bond Underwriters at an effect- a interest rate of 5.67 per cent.' a The State Appeals Board held:a hearing in Iowa City August 3,.1972,- and on August. 15, 1972, entered a finding r that said Board did not have jurisdiction because said bonds were not payable from taxation..' Plaintiffs filed Cause Number 41520 on_Sep tember, 12, 1972, and filed Cause Number 41521 shortly thereafter. Due to the inability of the City of Iowa -City to deliver the L bonds because of the suit Wilson; White &.Associates withdrew their bid and the City, cancelled both the- bond "sale and the construction bids for the' --ramp pending the outcome of- f this this litigation`. Ordinance Number 2632 spec-fically, provides that the revenue bonds issued thereunder are to be paid solely and only from the future net revenues of•the consolidated parking system and shall not be a general obligation of the City nor t payable in -any manner by taxation. . Revenue from both on -street. -and off=street parking ; facilities of the city .of Iowa City were pledged to secure payment of the 'Parking ,Facility Revenue Bonds. (Ordinance Number 2632 does not under its terms apply to revenues derived by the City from fines for parking 'and traffic violations.), Ordinance \lumber 2632;established five funds for t' e revenues o:' the system as follows: A Sinking._Fund, a j Bond Reserve Fund, a Renewal and Improvement Fund; an. f Operation and Maintenance F,ind;.and a Surplus Fund.. 1971, these costs were paid out of the Parking Revenue Fund, { but were transferred to the General fund.;in 1972.- Fine revenue for 1971 exceeded $212,000:00 with the collection costs for that year being $78,800.00. Since the enforcement costs will ;be paid- ------ from the GeneralFund' in 1972 and 1973, the City can increase the'funds'available in the Parking Fund to meet the debt payment generated by the multi-level parking facility. As a direct result of the parking systems not bear;ing,the costs r. of enforcing parking facility regulations, the General Fund_ must pay it., Although the metermaids report•disfunctioning , meters, which are repaired at a cost to the Parking Fund, and regulate and enforce the parking laws of .the City, their salaries are paid from the General. Fund and nct the.Parking Fund. All of'the.meter revenue collected is paid into the Parking Fund. 2. Road Use Tax funds are; not used to purchase { t lots .or streets upon which meters are used However, there are 1349 on -street metered parking spaces whose maintenan-e, repiir,cleaning, and clearing of snow and other obstructions, is paid for from tax revenue` -through the,Use Tax fund: The cost of snow removal, maintenance and painting work performed on the off-street parking lots -is paid from the �.. Parking Revenue Fund. The painting of on -street parking places is charged against and paid_for by the parking revenue. system. Snow removal and street maintenance of -all streets, including streets with meters, are paid for out of the Road UseTaxFund.. i -7-. I One key; issue. in this 'Case is ari;:interpretalion of Iowa Code Section 23.17.,. Said section',reads as follows: i "It shall be lawful for any municipality to :issue revenue bonds,.the-,principal and interest of which . are to be paid "solely from revenue derived from the operations 'of the project for which such bonds;°are issued, ;. notwithstanding that there are other revenue bonds remaining unpaid which have-not matured; provided payment of principal and ,interest of such other revenue bonds is', not impaired thereby." (Underscored by:Court ) j This statute appears',- iomewhae. ambiguqus a { t; "Tha nrn;ect for which such bonds.are issued" -appears to--._ (- parking facility for_which the revenue bonds are issued. In i _s_ 1 a IZ. It is uncontroverted that:the City intends to pay the costs of meter enforcement out .of General Funds rather i than the parking revenue funds Section 390,8 (2) clearly r states "funds derived from the operation of parking meters f� shall be used for the following purposes and none other, to- ` wit; Payment of the cost of'maintenance and repair;of meters, the collection of meter taxes, and the enforce t- i of traffic laws in the meter parking meter district." It is arguable that the enforcement parking meter funds it must be used for those purposes, but,that other funds can _. . be used for enforcement purposes. Even if Section.390.8 did not require that enforcement costs be paid fro;a•only the Parking Fund, the fact that revenue bonds are to bel retired by parking meter -revenue requires, that enforcement costs to: be paid•from parking meter revenue-before"any parking meter revenue may be pledged to retire the parking ramp bonds. Section 390.8-(5), reads; "Funds derived from the operation' of pa -king meters shall be used for the foil owing.,purpose:; i ••.. (Subsection,5). Retirement of revenue bonds.of this i chapter; and cities and:towns may1p edge such funds not 1 required for thea p yment of subsections One, Two,.and Three hereof to the payment of such bonds.^ If Ordinance 2632 does not requireenforcement. 1 costs to be paid out of parking -meter revenues before pledging the revenues'to bond retirement; then the ordinance violates Section 390.8 (5), as set out in Section 312.6 of the 1971 Code of Iowa, for f. application of Road -Use Tax Money.' " Section 312.6 .of the CoOe'was interpreted in Slapnicka vs City of Cedar Rapids, 258:Iowa, .,38,2, 139 N. W. 2d 179, in so far as deciding that only those services necessary to a proposed construction project can be paid from the Road Use Tax Fund.- Section 312.6 states that; "Funds received by �. municipal corporations from=the Road Use`Tax Fund shall be used 1. For the purposes for.which street fund money may be used, with the exception of parking facilities as provided in Subsection 5.of -Section 404.7:" Section 404:7 (S) which is excluded as a road use purpose allows .a general tax on all taxable property "In lieu of the tax provided by Section 390.2 to acquire and improve real estate and to errect or improve buildings th reon for the parking of vehicles to the extent that income from parking meters or _parking lots-is.insufficient for; said purposes." No otherreference to parking is made in Section 404.7. s parking spaces ata cost to the Parking Fund.. Marking parking spaces is not necessary to the functioning of a streetasa public travelway and is, therefore, properly charged to the Parking Fund as are all the costs of on -street' parking. The costs of on -street 'parking are not necessary to purposes for which the Road Use Tax Fund may be used, but are necessary for the purposes for which the Parking Fund may be used. On -street parking is so unnecessary to f. public travel on streets and highways, that a- `barrier could be erected to divide the on -street parking from the street travelway and the street use would not be impaired.; Although it relates to debt limitation rather than source of revenue for bond retirement, the language from Bachtell vs. City of Waterloo, 200 N. W. 2d 548, has possible applicability The Court said; 'The basic problem of constitutional revision canonlybe met head-on if judges are willint-'to continue to `frustrate lease -financing:, schemes no matter hoor,arrra.,p JUDGhu:NT DEC RE (: E ENTRY It is -hereby decreed that .the -City of Iowa City may pledge -future net parking meter revenues `of -the entire parking facility system of the City of'Iowa `City to the retirement of the parking ramp project bonds after the costs Of meter enforcement and other costs set out in,lowa Code Section 390.9, Subsection;(1) (2) and (3) are first deducted from said revenues. CitizenNotitica of Disposition: ANone of This Form ❑ Letter � //��P s mmga U Letter ❑, In Person; ❑ Received Dear. Resident. Thank you for calling this matter Vamto our attention.,. Please call. 3541800 it. you;iJP, e �., Phone ' .a >, have any. questions. We welcome your inquiries lddressand are always at your seryice. tl tequesr �Nl.(' .� ✓t'1 /�- � j�/�I,�%1'W'y�0. !/ c-1 / p //Ll ,n is nr Fede the -:a to`.ap tappl Ca v aw ,' ', appltancei r; �That:sa kindpf,tei of, long -dl hone '; govemmei rr .;.listof,the, ` antes you' even;exen or determ atfendetl"E '.Youl.wor snooping 4 _' these th'InI it Wlllybe'iF =` mori,7 on " "F? lh'confronting the problems this new fiche Book onto your N screen' antl; i+ >munlcation5;by orQ0 officials acid em dr tecnpology creates<the commission' in a few years from now, produce a woyees o/; fhe Federef CornmLnlis y copy p p cations. Commisslon shall, be used, supposed to:be guided by, the "public Xerox like co on apse attach :without the knowledge.. &I h pI ... � ,,interest { converJience :and .neaes- ment to. our set. Increased conven ,,;ti ��,,�t,�ii, 8 j,,ov iiu, ,,�j Jr 1Wlsity;,—the'standard enunciated,lnA1je lance for you also benefits -the., l:For.five weeks In February,and March Ii. ,CommunicajIonSAct of'1934.,Tiiat"act snooper, whose task is, mede.lnfiniiely ;,o1i1970; FCClofllclals ran a tap on, lhe;,ialso•empoweredrfile FCC, to'trestrlct aster by; the centralized storage of phone,of ;one of,its Broadcast Bureau uriauihoHzed'''iecelving /commu- informations which the cable encour- . lawyers to see I( he wastleaking"con �'mlcations by wire' ' ages. ' fidential InfoFination (He wasn`t.] The Its y You may'notlassociate the Federal+-'tap.waslapp roved'tiy'FCC Chairman 'Intl striesAssoqciatlon,atedecassoicl- Communications Commission with Dean Burch and then -General Counsel atio`n o( electronic equipment manu- anti-snoopprotectlon, but ihal'sone oi Henry Geller. f " t i' >>!; i lecturers, told'the'commisslon thada Its 7esponsibilities-and 11 -hasn't done The commission has shown -similar 'cable network "can enjoy any,desirad a very,; good job guerding, tho public. deference to rights, sof t privacy on ' I filagree of priyacy,lhat can:be econom- Its response to a.warning in Its own . two-wny:cable te'levisionland there'are^' Ically Justified:;'. Iri otner,w,ecoords;,any telephone directory will give you an no indications of cliengei Until -1968! �'prolectlon is;lechnol..... ly ossible. as cable television neared Its'20t an `11;'The' FCC finally wound up Docket °'derrold Oppenhelm is counsel to the niversary; Itie commisslon's'regulalion' r18397 last spring- with 'a' sal' of, rules Chicago Cable Coalition and associate of, cable was ,,plecemeall�ln' then year, ! which; Including some additions made editor of the Chicago Journalism Re the FCC opened;a proceeding; known a ; few months : laterid welghed(;four view..,;,;, ,., _„ •-,, Docket 18397, to explore both' -the n. pounds'aniJ measuredrtwo.'Inches 38 .` llWspelbn by Afel rutukiWN t mined noA to a two•w �auae, as aouu[ avcnsls, du[ what If Nixon's available.,'During fes;:"The "emergency" turned out io be a'poli before `ih."11 i' I - s the prl- tical address? facturenestim ated ols' reselonal iwNJustice, Deparlmentistudy recom- ;the channels onja "mow; .;mends124ho6r.television surveillance ;bei effectivelyrma, 'Gad+ berating, totiall urbanlstreet intersections: In+Mt.;`iaside,(at4an,saddl dinpsys 'Vernon NY•:the,police 7aireadysurvey (costfofabout.,only I i.tem Lamadditional.cost of:l+ [ la',monthsThisMould;l i Ibyscramblingmessaf >.';:achannets withliaG$25 Sselected3vfewers cou I •bleWffhisrwayeat- fknow, oncWhtchl'chani was-.vulnerable.)A ;oz) •,t bn For, even less'mone for cari install :a.light Q $ ilk_ g rere rt7>•Y •are�some piotectlons exarr Inatjoj[' one manu ne-fourth : of ystem.could " ate+ andoset' construction 3er+cent..dill.;. ;hanneiisys-; channels'at wn.50, cents ,complished' %the private 4 t •�s,r " mu wm +:.nuuw-ur mai iepropoaing'that both d�cee`bekro OIM that �ha`s,at leas} taken.cognizince'ofttlie qulrod � a � possible problem o}?privacy and the cable w pther'elementa techxnolo iciil, `ro 1 n .., > rry g p, receiver ''TtLe'Illinols, commission held ex tections avaliebla Include special atu scription tensive'hearings on cable TV IasPyear diol; ues'of'armoredfoable`inst"d+of i X150,000 jantlNistenedlto three Thighlylqualifletl lnak*d*�&an"d locked coveis at loch Itch end cable^TV-1Wdlneers its own'iabieraod kvulneiabis luncilonajas, cabl%drops` politic sp(ritedtechnica�con'suiltanf r,ind;te`�minal boxes 45rtn the representatives from two of the most Of coursertechnologlcal•protec ions Mithin 30 substantiel,cable�TV�equlpment man :,....a 41'60"1"1"' guarantees`TheySoniy; make his�set ufacturersgand four sohofars of'faw 'invasldne'df. priyecy'1e?lot more,'diffi•-;j r 1i rwwithin and °communicatfon��Nobod'TI1ilked °cult Ap&lf the telephone,iteaches us ged to a, aboutpri�acy l cirassexomined most anything,fitlls',that,technoloptcal pro sx?Ar r rOf NthBSB people et tAatx time �non8 � tectIdns„+arelnot ii ry"rif(ecflve When been in had given anyYsorlous"thought to` the goverpment iend operstorvcollude to<' Sterling, problem "o' 'i!1 ,L'i+tli[% ��'GluD[+ circumvent thetnri*T �ytC. r +Life) in -'t=At the en'd�of that satins of"hearings „Hlghjtminimum pens ties;forrjtnva mtiattan 'freIllinois commission =whose}uric ysions+ofj privacy�vie`cable��mustt°tie eterminel diction `ove2'cable W, has ii61?'ch'sl, "established 'perhaps 51000 per.vlola 7. tet°ia on'lenged and isnThe,`yet undetermined by the tion yperl dayiirighty of..:privacy ied nit 1"' lllinoist SupreMei}CioUrt; `concludedIn should be,enforceable,by state. prose. tnvamionitsprofweediulazmaking, that ttie tutors; ithe land,11 the inlured.fndi- ratedaby vidual,himself Inie civil;actlow,oir find en"what �� W f k NYT 7 A tl *i d :ethtiera.; if the telephonte r r n'dnrordeplo further reduce the likeii- ' c.. r, rxusq.r, K,rle.w�.,,,, taps,on;.the cable, operators ope►eto'�' tetM.hood�;oli hel ;Uis anything It >i should be enttced to, police; their lines ulto6his 'rigorouslyn:Perliaps!sthey'ishould Ibe a- [ i is:thatx.technolo ical { , s x x.,L•. ,, m= , 9 handsomely; -rewarded for each'i,tap atevision a fOteetion� are not Very discovered and reported.�Incase that magIna; P ,r ,T ,r 'effective' When ,. does t not work .very ,well,; operators rientlally ) n� an.ac s4la•[ ,,, , might, be made strictly, liable in tort to led from.,. government and - all persons whose communications are +�,{-., rck:�. Rr 15I W,yii�d it1Nlzon�operator;COIIUde 6);:unlawfully monitored: High mandatory' rr punitive damages would encourage an civ0°de- lcircumvent them. operator to rid:his system of bugs dd aiit 11-1 I'll._ 1 • Perhaps the FCC could first assert md.tele ^, prblem of w cable tepR,ng' does„ not its lnteresi in the'protection'of privacy ae them i +lend Itaelf,to,technicei remedies ;,arid by•,requiring these' protections?'right essage ,must Instead beiJealt with by the trim= away—on the telephone Then it should e added,.-,Anaklaw,':..'r. direct itself to'futuro dengors'' r'i `'t� 39 ,worthwhile uses must be gu N m official or private abuses ,r r Not'so long ago t Presic suggested theicreetion'of �fense warning system that H Matirally turn on eve radl Is], lq`the"country end , into the samenemergenc' (Such'a system could easily mined noA to a two•w �auae, as aouu[ avcnsls, du[ what If Nixon's available.,'During fes;:"The "emergency" turned out io be a'poli before `ih."11 i' I - s the prl- tical address? facturenestim ated ols' reselonal iwNJustice, Deparlmentistudy recom- ;the channels onja "mow; .;mends124ho6r.television surveillance ;bei effectivelyrma, 'Gad+ berating, totiall urbanlstreet intersections: In+Mt.;`iaside,(at4an,saddl dinpsys 'Vernon NY•:the,police 7aireadysurvey (costfofabout.,only I i.tem Lamadditional.cost of:l+ [ la',monthsThisMould;l i Ibyscramblingmessaf >.';:achannets withliaG$25 Sselected3vfewers cou I •bleWffhisrwayeat- fknow, oncWhtchl'chani was-.vulnerable.)A ;oz) •,t bn For, even less'mone for cari install :a.light Q $ ilk_ g rere rt7>•Y •are�some piotectlons exarr Inatjoj[' one manu ne-fourth : of ystem.could " ate+ andoset' construction 3er+cent..dill.;. ;hanneiisys-; channels'at wn.50, cents ,complished' %the private 4 t •�s,r " mu wm +:.nuuw-ur mai iepropoaing'that both d�cee`bekro OIM that �ha`s,at leas} taken.cognizince'ofttlie qulrod � a � possible problem o}?privacy and the cable w pther'elementa techxnolo iciil, `ro 1 n .., > rry g p, receiver ''TtLe'Illinols, commission held ex tections avaliebla Include special atu scription tensive'hearings on cable TV IasPyear diol; ues'of'armoredfoable`inst"d+of i X150,000 jantlNistenedlto three Thighlylqualifletl lnak*d*�&an"d locked coveis at loch Itch end cable^TV-1Wdlneers its own'iabieraod kvulneiabis luncilonajas, cabl%drops` politic sp(ritedtechnica�con'suiltanf r,ind;te`�minal boxes 45rtn the representatives from two of the most Of coursertechnologlcal•protec ions Mithin 30 substantiel,cable�TV�equlpment man :,....a 41'60"1"1"' guarantees`TheySoniy; make his�set ufacturersgand four sohofars of'faw 'invasldne'df. priyecy'1e?lot more,'diffi•-;j r 1i rwwithin and °communicatfon��Nobod'TI1ilked °cult Ap&lf the telephone,iteaches us ged to a, aboutpri�acy l cirassexomined most anything,fitlls',that,technoloptcal pro sx?Ar r rOf NthBSB people et tAatx time �non8 � tectIdns„+arelnot ii ry"rif(ecflve When been in had given anyYsorlous"thought to` the goverpment iend operstorvcollude to<' Sterling, problem "o' 'i!1 ,L'i+tli[% ��'GluD[+ circumvent thetnri*T �ytC. r +Life) in -'t=At the en'd�of that satins of"hearings „Hlghjtminimum pens ties;forrjtnva mtiattan 'freIllinois commission =whose}uric ysions+ofj privacy�vie`cable��mustt°tie eterminel diction `ove2'cable W, has ii61?'ch'sl, "established 'perhaps 51000 per.vlola 7. tet°ia on'lenged and isnThe,`yet undetermined by the tion yperl dayiirighty of..:privacy ied nit 1"' lllinoist SupreMei}CioUrt; `concludedIn should be,enforceable,by state. prose. tnvamionitsprofweediulazmaking, that ttie tutors; ithe land,11 the inlured.fndi- ratedaby vidual,himself Inie civil;actlow,oir find en"what �� W f k NYT 7 A tl *i d :ethtiera.; if the telephonte r r n'dnrordeplo further reduce the likeii- ' c.. r, rxusq.r, K,rle.w�.,,,, taps,on;.the cable, operators ope►eto'�' tetM.hood�;oli hel ;Uis anything It >i should be enttced to, police; their lines ulto6his 'rigorouslyn:Perliaps!sthey'ishould Ibe a- [ i is:thatx.technolo ical { , s x x.,L•. ,, m= , 9 handsomely; -rewarded for each'i,tap atevision a fOteetion� are not Very discovered and reported.�Incase that magIna; P ,r ,T ,r 'effective' When ,. does t not work .very ,well,; operators rientlally ) n� an.ac s4la•[ ,,, , might, be made strictly, liable in tort to led from.,. government and - all persons whose communications are +�,{-., rck:�. Rr 15I W,yii�d it1Nlzon�operator;COIIUde 6);:unlawfully monitored: High mandatory' rr punitive damages would encourage an civ0°de- lcircumvent them. operator to rid:his system of bugs dd aiit 11-1 I'll._ 1 • Perhaps the FCC could first assert md.tele ^, prblem of w cable tepR,ng' does„ not its lnteresi in the'protection'of privacy ae them i +lend Itaelf,to,technicei remedies ;,arid by•,requiring these' protections?'right essage ,must Instead beiJealt with by the trim= away—on the telephone Then it should e added,.-,Anaklaw,':..'r. direct itself to'futuro dengors'' r'i `'t� 39 0 INFOUTAL COUNCIL DISCUSSION January 16, 1973 The Iowa City Council met in informal session at 12:30 o'clock P.M. on Tuesday, January 16, 1973 in the Conference Room at tile Civic Center. Councilmen present were: Brandt; Connell, Czarnecki and Hickerson. Absent: White. Others present: Wells, Honohan, Stolfus,,Kraft, Seydel, Klaus, Pugh, Palmer, Whitted. The meeting was set for discussion of housing for the 'elderly with representatives from the Housing Commission and the Planning & Zoning Commission. P&Z members present: Davidson, Henry. Housing Comm. members present: Stier, Frimml, Hamer, White, Duncan. Mayor Brandt asked for discussion on the application, criteria, feasibility of downtown site, effect of the President's freeze. Director of Community Development Dennis Kraftpresented a memo on housing in the Centrax Business District. He outlined the previous studies,`applica- tions, & action taken. Councilman Czarnecki requested explanation of the financial arrangement between developer, City & subsidy by the govern- ment. Housing Coordinator Lyle Seydel explained the leasing agreements. The Mayor stated that previously when discussing the housing proposal, it was the concensus of the Council not to remove property from the tax • rolls. The Leasing 23 program keeps the Land on the tax rolls. The City Manager advised that the general national trend is toward elimination of non-taxable properties. Dennis Kraft explained the conditional or special use 'permit concept, that elderly housing could be allowed in a certain zone provided certain findings were made; location not adversely affecting property values, on Public health, safety, appearance, general prosperity of area. The City Attorney explained previous policy, since declared illegal by the Supreme Court of Iowa, and present policy wherein we set out requirements and zones limited to, as for hospitals, mobile home courts, & high-rise apart- ments. In answer to Councilman Hickerson's request for P&Z members personal reaction, Penny Davidson responded that the Commission was not aware of the specifics for leasing programs, and had not had time to digest the total problem or the sites, or the legal problems; all information verbal. Lyall Henry stated altho there could be problems with special designations, they would review, and also cited lack of written Staff presentation as a problem. The Mayor indicated that he was still conceuned over housing on the peripheral, & if we had exhausted all resources for the decision against a Central Business District site. Discussion followed, & the need for ndditionaL programs later was mentioned. James Stier advised that by • using the point system formula, the Bradford/Dover site rated highest, even over urban renewal site. The City Manager commented that frustration over housing problems was country -wide, and reminded the Council that concerning the sale of urban renewal land, the City makes up 25% of the' difference between what we pay and what we sell the land for, &cautioned the Council to plan carefully when talking about waiving of taxes. Councilman Hickerson responded that the question was,what can the City and the Housing Commission do to lay the ground work for a next project consistent with everything that has been said. Councilman Czarnecki asked why the Council didn't go under the other assumption, that no money was coming --period. As alternatives besides the revenue sharing money and Public 23 Housing, he suggest- ed fraternity or sorority houses that are on the market. He asked for more information on what the elderly pay for housing now, what subsidy we give & what social security counts. Lyle Seydel responded that social security is counted as income, some elderly pay as low as $8, some as high as $64; an efficiency apartment averages $29. for housing recipients, average cost to the City, $85; a one -bedroom averages $32. for recipient, $109. for City. Dennis Kraft proposed another option could be a real not-for-profit corpor- ation, , such as a church organization, that is willing to amortize the building out over a period of 35 to 40 years, and go into it with the idea of not making a profit but to really provide housing. Councilman Connell commented that he would like to have the Bradford/Dover site investigated. Councilman Czarnecki suggested that the City could get into the real estate business by buying properties proposed in the Flood Plain Ordinance. Dennis Kraft commented that concerning fraternity buildings, they are on the tax rolls. JamesStier' proposed that a possible site be picked out, material be sent to prospective developers, send out rent subsidies; then pick out a developer for the project, submit the proposal and wait for approval, if and when anything opens up. Councilman Hickerson agreed that this made sense, as an interim step. Councilman Czarnecki stated he had no objection to the Bradford/Dover site but was opposed to the American Legion/Willow site, and also after following up on Mr. Stier's proposal, to pursue alternatives - revenue sharing bit, & he had no hang up about taking property off tax rolls, or using property already off tax rolls such as Univ. or church property. Answering the question about the Jefferson Hotel, the Attorney said that the first two floors are taxed, the others are not. The Mayor stated that the Council would await Planning & Zoning Commission's decision. Discussion followed on which item P&Z was to report on. The decision was that P&7 should make a report concerning special use permit. Mayor Brandt announced his list establishing priorities for discussion of items at informal sessions as 1) New concept of Urban Renewal, 2) Park and Recreation Fees, 3)Capitol Improvement Program, 4) Revenue Sharing, 5) EEOC, or whenever we hear from Kansas City, 6) Parking Report, 7) Street Parking Removal (bus routes) bicycles) 8) Joint Facility -County Board, 9) Annexation Ord., 10) Bui'd_ng Code. Councilman Czarnecki questioned annexation provision on voluntary, & if Home Rule changed involuntary procedure. The City Attorney explained voluntary procedure and that Home Rule will change involuntary procedures. • The Mayor a:;nounced that Hickerson and White would be absent from the 4:00 meeting, and requested that concerning the District Court ruling, all members of the Council be present for discussion & wanted to defer it to the next meeting. Council & Attorney concurred.