The URL can be used to link to this page

Home My WebLink About1977-01-25 Correspondence• - o MEARDON, SUEPPEL, DOWNER & HAYEs LAWYERS 100 SOUTH LINN STREET IOWA CIT', IOWA 52240 January 12, 1977 Anthony Kushnir Assistant City Attorney City Administration Building Iowa City, Iowa 52240 Re: Tornado Siren Warning Device Dear Mr. Kushnit: TELEPHONE DDB -8222 AREA CODE DID This letter is being written to you in your presence as we conclude a conference on this subject held here at 100 South Linn Street on January 12, 1977 at 3:30 P.M. Present at the conference are Dr. and Mrs. Adrian Hogben, interested property owners who object to the location of the siren in the Lincoln School area, yourself, Dr. Cazin, representing the Iowa City Community School District, and myself. You have been handed copies of a report prepared from tests taken at the site by Dr. David Lilly. Some other materials have been presented to you concerning the possible effect of sound intensity of the nature and volume being emitted by the device in question. My clients, Dr, and Mrs. Hogben, contend: I. That the present location of the device presents a hazard to their health and safety and that of those occupying their home located at 910 Rider Street. 2. That the device as presently located may well be a hazard to the children attending Lincoln School. 3. That the device is not accomplishing its purpose in warning the general area of lmpanding danger when activated. 4. That people in the immediate area can receive a warning by virtue of the audibility of the Coralville siren and that the placement of the device on the Lincoln School ground is unnecessary as well as hazardous. 020 WILLIAM L. MEAROON WI LLIAM r. su EPPEL ROBERT H. OOWNER JAMES P. HAYES JAMES D.MLCARRAGHER THOMAS J. CILCK MARK T. HANER THOMASD.HODARY MARGARET T. LAINSON • - o MEARDON, SUEPPEL, DOWNER & HAYEs LAWYERS 100 SOUTH LINN STREET IOWA CIT', IOWA 52240 January 12, 1977 Anthony Kushnir Assistant City Attorney City Administration Building Iowa City, Iowa 52240 Re: Tornado Siren Warning Device Dear Mr. Kushnit: TELEPHONE DDB -8222 AREA CODE DID This letter is being written to you in your presence as we conclude a conference on this subject held here at 100 South Linn Street on January 12, 1977 at 3:30 P.M. Present at the conference are Dr. and Mrs. Adrian Hogben, interested property owners who object to the location of the siren in the Lincoln School area, yourself, Dr. Cazin, representing the Iowa City Community School District, and myself. You have been handed copies of a report prepared from tests taken at the site by Dr. David Lilly. Some other materials have been presented to you concerning the possible effect of sound intensity of the nature and volume being emitted by the device in question. My clients, Dr, and Mrs. Hogben, contend: I. That the present location of the device presents a hazard to their health and safety and that of those occupying their home located at 910 Rider Street. 2. That the device as presently located may well be a hazard to the children attending Lincoln School. 3. That the device is not accomplishing its purpose in warning the general area of lmpanding danger when activated. 4. That people in the immediate area can receive a warning by virtue of the audibility of the Coralville siren and that the placement of the device on the Lincoln School ground is unnecessary as well as hazardous. 020 5. That all testing of this particular device should cease until such time as the City of Iowa City has made a study of the possible hazards created by the device and until a report has been obtained from the Iowa City Community School District Board of Directors approving continued use of the device at its present location. It is not the purpose of this letter to present any claim for damages by virtue of hearing loss or property devaluation, but rather to request that immediate action be taken to alleviate this hazard. Respectfully submitted, 0 William L. Meardon i 0 0 , A , : H CI::: Cn,.i'1'!1 HS A C'10 r„in;; to !:.t r! 1: rV1,•r'., I';i; I,"o i„ Til, I,c!:, ,! ,;,,,:,,- ::'In” , ..iian", ta:t 11 :: o.vaI Ied .1 ni. iye 1'i::1 Crl:,r i:1 , inr1 11 (1 in" !L,• r:lV V, re C 0113M c 11 d i i t i. 011 11 nd Cita r I.5 in iti❑ urea ::C. icil L 11 iC 1) ;1 1)v I"J.1 V. ;I rd1)It n1, Cu In 1.01.111 leit ;i❑d til rad? .`;Lal a Mai;,•" havo br,•n i11 flnCltritd by "a ra'.ticitl r. ou s i d c rn f i ons in de fere it ,• In in'usI ry and :lie rl i 1. i. t:a r ::e rv!cc::." The CUAI:A contours showed it!; "saf,-" a sound e::;.usuro tlint would cause no more tli•: ',': of a,!nlLs C,. see '.er ;t heariuc .Loss greater than 10 to 7.0 dP. New i)amal�e. itis:•. Coa Lo 11, offered in his book (Fit;. 133, attached) show as "snfo" a sound exposure that will cause no more than 257 of individuals Lo suffer (i) any hearing Loss for frequencies up to 2000 Ilcrz and ('ii) a hearing loss greater than 10 fit at frecuencies above 2000 Cerz. This chart indicates thet a single exposure of 56 seconds aL the intensity measured by Dr. LiJly in our house would be at the "hazardous" level. --that is, sufficient to cause more than one in four henithv adult's not on anv mrdicat Lon to suffer some hearing loss. In addition, on Nov. Is.., Dr. Lilly stated that the siren -caused sound intensity in the room where he measured would have been greater if the weather had been warm and moist, as it is in the snrinF and summer, or if the wind had been from the South or the West rather than from the East. Calculations indicate to us that parts of Lincoln School 51av-- ground receive from the siren a sound exposure which is hazardous to the children even if they are not on medication of any kind. * Kryter, K. D.; Ward, W. D.; Miller, J. D.; and Eldredge, D. P. (1956) J. Acoust. Sec. Am. 39, 451 GREATER SUSCEPTIBILITY OF THE YOUNG TO I1EARING LOSS FROM SOUND EXPOSURE The following scientific studies have found that voting animals incur greater anatomical. and physlological. injuries to the inner ear from sound exposure than do older animals: "Noise—Induced Inner Ear Damage In Newborn and A,iult Guinea Falk, S. A.; Cook, R. A.; Haseman. J. K.; and Sanders, La r yngoncope (April.) 441, "Loss in Cochlear Microphonlc Sent; itivIty In Yount; CaL liars Lo Intense Sound" Pricc, C. R. (1972) J. AcouxL. Soc. Am. 51 .1011 (A) Pigs" G.M. (1974) 1:xposcd In humans "the qualitative and quantitative effects of age on nolso-lnrluced injuries of the car are,..esnentinlly unknown." Kuln;n and Children: A ilevicw Of Lite Literature" Mfl.ls, John 11. (1975) •J. Acnunt.. Soc, Am. 58 (6) 767 I DVAI, V T h e j-. I- e. i I ,. :I it I h o r i I iu Ih. up,r. t roporl.el , N v 1nJiv 10 , , I , inl. l.,, Lily to h Va r 1 im- pairmen 1 by :Mlnc; o%posu ry :ml S I ;I ted Qal "A noise that. one man can tolerate with i0l'u" QV may cause sovere and ermanent Waring Ions in anncher." 10 found nine thal "a Piven individual is not atwa='n; equally resistant W might on nour occasi nns he injured hv no exposure he ordinarily could tolornLe," which Wings into question the rel 1 ribijitv of any Lest that might: In devised For individual SusCVpLIhlJ11 y to nea"stwe injury. Dr. Davis points out that there is no adequate Lest of auditory function, both for the purpose of judging the original cimnutence of a person's hearing and for assessing any noise -induced damage. "The audiogram may be useful for evaluating the amount of conductive deafness a man nay have, due perhaps to wnx in the car canal. or adhesions in the middle ear, but the audiogram may be completely inadequate and even misleading in predicting the z1bility of a man to understand loud speech under the handicap imposed by previous exposure Lo noise." "Temporary Deafness Following Exposure to Loud Tones and Noise" 1)zlvl.9, D.; MOrgqu, C. T.; Hawkins, J. K.; Galarnbos, R.; and Smith, L. W. Acts Oto-laryngol. F.up,. 88, 1 (1.950) EFFECT OF PRESCRIPTION DRUGS ON SUSCEPTIBILITY TO HEARING DAMAGE BY SOUND EXPOSURE, Usu,111V harmless (loses of kanamycin combined WILII usually harmless levels of sound exposure (63 - 72 dR at 125 Ilerz frequency) caused severe damage to the inner car of guinea pigs as reported in the paper "Combined Effects of Noise and Kanamvcin" Dayal, V.; Kokshanian, A.; and Mitchell, D. P. (1971) Ann. Otol. 80, 897 The combination of neomycin and noise (11.5 dB) was found to cause much greater hearing loss than either the same dose of the drug or the same sound exposure alone -or the simple addition of the effects of the Iwo agents. "Combined Effect of Noise and Neomycin on the Cochlea" Jaultianen, T.; Kohonen, A., and Jauhianen, M. (1972) Acta Otolaryngol. 73, 387 "...certain drugs such 19 quinine and ototoxic mycill, can (1,111SL sensory hearing losses . . . 11 "The Effects of Noise on Man" (1970) Kryter, Karl D. Acndejaic Press Thus quinine therapy may also render normally "safe" sound exposure hazardous to hearing as may a myriad of other prescrintlon drugs whose effect On Susceptibility to nols,--indured hearing lost; has yet to be investigated. The reader may wish to est l:.1at _, L h I' proportion of the P I 1P r Ly population which is chronically on me/d ic at I oil of some k I nd , 0 0 i•.Ir F;:C'I':; 01� •LII:( r:lfnnrl: I G I! r•I.A !X, !,:It:; :;nh jrr; ,. 1„ ! will. ill .� ".i II!•,Ir da•; SII I7(I II�•r;: II •rl n•;,c-: at an i.ncen::ily ,.I lu(1 •I !t (••n II „eco!;1 uu::) ❑L,na••J r:n r1, �,d .Ill';on .in blood IuI;ItlIirinr, h -h,•r IId Ilal 1•,I •.nd ,111 1,i;,lrr ;!11,•nn1 a:; curb i.c a i'! V.!II,l I11l nnrinnl :end :I ran r:,d lr nil rr I"II <.hnlr•::Lc- rol ('0111 rust. "l:tochem i c:I l Re:: po n::r;; ul' I::i I :. l n A id i I or" :.I I' Jurt::hul:, 1'., Jr.: WvI lm+Iu,A. :cud ;:n,-!: Ir, A. :. (:vionre 179, 1/124 :ie i'luati :11 Lyra 1. i un:. in o-1 r.i}'11L (:ai n, uv:n'i:nr 111 r inr• ::Ir nr• I.nrc,1f)l6t u 1\li:» 10,01ad ('coal mass acre (,I)r.et•vrd in fem:Ilr_ rn L:; as a resell of >:aund ezposu re (as Li LLlc. as I :nin. of :i/S -S(,;O I!cr:: :It .11.0 (!;;, retu•n Cc,l nn 1.5 uc'- cnsions over 40 days.) The authors note thaL rho. on•locrine i.nterrcla• t:i.onships they have Ln•.esLi.gaLed suggest similar hasd.c tendencies in man and experimeut.al. animals. "Endocrine Changes Uuc to Aud.LLory Stress" (1959) Sackler, A. M.. Welt.man, A. S.; L'radshaw, Actn F.ndocrino.l 31, and Jurtshuk,P.,Jr.l 405 Gonadal. changes (decrease in seminal vesicle mass)and increases in pituitary and adrenal weights were found a.� a result of sound exposure in male rats, supporting the evidence found in the 1959 study on female rats. "Endocrine Aspects of Auditory Stress" (1960) Sackler, A. M.; Weltman, A. S.; and Jur tshuk, P., Jr. Aerospace Med. 31, 749 EFFECTS ON THE FOETUS OF NOISE EXPOSURE OF THE PREGNANT MOTHER Intermittent exposure of pregnant mire to 82 -- :35 d8 aL a frequency of 320 - 580 Herz during a small part of each of 2 (lays of pregnancy caused death or deformi!.y to some or all. of the offspring. "Teratogenic Effects of Aoriiogenic Stress in Albino Mice" (1970) Ward, C. 0.; Gar Letta, M. A.; and Kave, T. .T. Pharm. Sri, 59 (11), 1661 ADDITIONAL FACTSSARING ON THE RISKS 1'0 CAREN FROM THE SIREN ON LINCOLN SCHOOL PLAYGROUND 'According to the manufacturer's brochures, the Allertor 125 is designed to produce 126 to 127 decibels (the customary unit of sound intensity) at 100 feet and the main sound beam makes an angle of 15a with the horizontal. Straightforward calculation!' shows that children on the playground during routine siren testing could be exposed to as much as 125 or 126 decibels. According to the 1970 Damage Risk Contours**, a single exposure to a 125-6 decibel sound in the siren's frequency range for approximately 14 seconds will cause hearin loss to more than 1 in 4 healthy adults. Animal studies sugge t ttat t e ris of hearing loss from loud noises is much great- er in children, in pregnant women, and in persons taking any of a wide variety of prescription drugs --- that is, a shorter exposure would cause hearing impairment to a,higher proportion of those ex- posed. Local governmental authorities have shown little concern for the children's safety. Mrs. John Oaks of 919 Rider St. (whose up- stairs bedrooms, incidentally, may also be exposed to 126 decibels or more from the siren) became concerned about the accessibility of the siren's fuse box 'last August when she observed children climbing on the siren pole. when, after repeated calls, she finally reached a Civil Defense person .and pointed out the danger, she was told nothing could be done until padlocks(for the fuse boxes)that had been ordered arrived although similar padlocks are available at henbch;F,-:Ciiekforcaetrivial sum. She, personally, discouraged many children from playing with the fuse box before the padlock was in- stalled Oct. 21. * Use of the inverse -square law for souhd intensities and elementary trigonometry. ** Fig. 133,attached, from "The Effects of Noise on Man", Karl Kryter. 0 0 7 At 71.1 FREODENCY-111 G AT DAnD5 8An05 EA :DS FIGURE 133. Dam+ac Ica, cuntouts (IIT) uwd as basis for CStimating drmr;: 11;1; frog" ,.:' - .•. 165 •--i.��.-�', �\ J A ,- 175 camnplc nope (octave band spectrum, ORS, platted as solid dull) chow• +„ effective ipeetrum Lac to upwind yzread of sounds of Iti;h,T iota D+i:ici pp la runctiun, shown nn in,M in WM left of R; Itre, In dn• ia•+rt rL ,' rl B 155 1 T •I Ic err cr r LL rl io 1 1 - .. \\ t•Ilw, — t0, rx I'P zruaar xrrpl KTIC4 \ I \ for points In Section A and those mmhcd R and C give till Owe The � m df4D,f, t Nd1s, and I'bnns (Stevens) arc baled pulneTdy Illi I ILi Li roT 7 S' to 140 135 —Im rz>, 127 1 w ¢ 1.4 J lal`ICB r0\RI 0 0 10 loo 1000 10,000 7 At 71.1 FREODENCY-111 G AT DAnD5 8An05 EA :DS FIGURE 133. Dam+ac Ica, cuntouts (IIT) uwd as basis for CStimating drmr;: 11;1; frog" ,.:' - .•. 165 •--i.��.-�', �\ J Doped !inaz pie CHAIIA DRCs adjusted to present criterion of 'to or ,- 175 camnplc nope (octave band spectrum, ORS, platted as solid dull) chow• +„ effective ipeetrum Lac to upwind yzread of sounds of Iti;h,T iota D+i:ici pp la runctiun, shown nn in,M in WM left of R; Itre, In dn• ia•+rt rL ,' rl B 155 1 T •I Ic err cr r LL rl io 1 1 - .. \\ t•Ilw, — t0, rx I'P zruaar xrrpl KTIC4 \ I \ for points In Section A and those mmhcd R and C give till Owe The � m df4D,f, t Nd1s, and I'bnns (Stevens) arc baled pulneTdy Illi I ILi Li roT 7 S' to 140 135 —Im rz>, 127 1 w ¢ 1.4 J lal`ICB r0\RI X 125 �• -05 Ila OR, 53. j 8063 �. 130 c lit -102 PIIS ICP 1•)a vi 0 115 \—zPLF OFO05 \ ij �Li, to ov` s6 �tv. or, —zPt- sol 1� 120 = h 03 `I01 •nr I j p M gq 4� IID a 105-7T`0z`w�90 r•. \..! �• to o rho C _ 90\ Tr\ to0 c - D5 m 30 t —� o p ¢ STI 2A M1t� r X f 65 -,,g tt 50 i 7a+ .ho r F I i I A xerts IN Ii o ' 0 75 1 1,e n� - 00 cH4paI••- 1 65 6,0 6< I r ! a:47 .o D j .....'6�1 70 A 0 C •v h t�� cl II—i •• t j': i•' 60 55 a o 9Ao ' +�' 6r• I ho •IOD '{ to 20 30 ao 50-Iw 6c0 50 45 ON iLOSEST 10 EAie PLOTTED POINT IN A. OC I M16 1 10 loo 1000 10,000 FREODENCY-111 t. FIGURE 133. Dam+ac Ica, cuntouts (IIT) uwd as basis for CStimating drmr;: 11;1; frog" ,.:' - .•. CsFosillc to euntinuous or Intermittent impulsise or SL'rJ)'-flair N:: "•'!� Doped !inaz pie CHAIIA DRCs adjusted to present criterion of 'to or it'r negUgib!e Threshold shill in at least 75 of people. Drilled lines 0.1 camnplc nope (octave band spectrum, ORS, platted as solid dull) chow• +„ effective ipeetrum Lac to upwind yzread of sounds of Iti;h,T iota D+i:ici pp la runctiun, shown nn in,M in WM left of R; Itre, In dn• ia•+rt !„ II W 1111 I VrJ 1n, lC Ann UJ VI. " d A f%i f 1:11V 1 for points In Section A and those mmhcd R and C give till Owe The 1 II11%i1d s 1(Gla line for points In Section 11 and (, Tile 41b1 t if ant �) df4D,f, t Nd1s, and I'bnns (Stevens) arc baled pulneTdy Illi I ILi Li roT 7 S' Irplf\e11:IT lY i' n11111.5 (YL' l:lllll'i %.tmf 75)• i ENVIRONMENTAL NOISE ANALYSIS FOR Dr. and Mrs. Adrian Hogben 910 Rider Street Iowa City, Iowa Measurement and Analysis by.: David J. Lilly, Ph. D. Measurement Date: 1 November, 1976 I. General description of areas where measurements were made. The noise measurements contained in this report.were made in the upstairs, southwest bedroom of the Hogben residence at approximately 9:00 a.m. on 1 November, 1976. II. Description of instrumentation used for these measurements. A. A precision sound -level meter (Bruel and Kjaer, Type 2203, Serial Number 196705) was used for all noise measurements. This sound -level meter meets or exceeds all specifications outlined in the American National Standard (ASA S1.1961) and in the standard promulgated by the International Electrotechnical Commission (IEC 123). The frequency response of the basic amplifier and of the integral weighting networks were measured i2 bours before the measurements were made, and within 24 hours after return from the llogben residence. A complete record of these calibration data will be prepared for and supplied to any agency or person designated by Dr. or Mrs. Adrian Hogben. " B. An octave -band filter set (Gruel and Kjaer, Type 1613, Serial Number 198025) was used for all octave -band -pressure - level measurements. The frequency -response characteristics of each filter in this filter set are in compliance with the appropriate American National Standard (ASA 224.10-1953, American Standard Specification for an octave -band filter set for analysis of noise and other sounds) with the ex- ception that the center frequency of each filter has been set to comply with the American National Standard relating to preferred frequencies for acoustical measurements (ASA S1. 6-1960). C. A "one -inch" condenser microphone cartridge (Bruel and Kjaer, Type 4131, serial number 167036) designed for free - field measurements was used with the sound -level meter for all noise measurements. Since the weighting characteris- tics described in Section II,C (above) are specified in terms of random incidence rather than normal incidence of the sound waves to be measured, the capacitor microphone corgiridge was fitted with a random -incidence corrector (Gruel and Kjaer, Type UA 0055). The factory calibration of this microphone It, checked periodically in our labora- L 2. • tories. A microphone calibration apparatus (Bruel and Kjaer Type 4142) is used for reciprocity calibration as defined in the American National, Standard (ASA Z24.4-1949), and an electro -static actuator (Bruel and Kjaer Type UA 0023) is used to measure frequency response. D. Absolute calibration of the complete microphone/s ound- level meter combination was made, on site, at the Hogben residence using a precision pistonphone (Bruel and Kjaer Type 4220, Serial Number 112125). Ambient pressure cor- rection for this pistonphone was obtained from a pressure - correction barometer (Bruel and kjaer Type UZ0001). III. Description of primary noise source. .These measurements were made while a directional siren (A. C. A. Allertor, Model 125) was in operation. IV. Results of *noise measurements: A. "Single-tone"values (maximum): 112.5 dBA, 116 dB octave -band pressure level when fo=500 Hz. B. "Dual -tone" values (maximum): 115.5 dBA, 119dB octave -band pressure level when fa=500 Hz. V. Evaluation of these noise measurements: The attached Figure (3) has been reproduced from the work of Kryter et al. (1966). Inspection of the graph suggests that, to avoid "hazardous exposure" to the measured noise level-., maximum permissable exposure should not exceed 2 to 3 minutes in a single 24-hour period. I HEREBY CERTIFY THAT ALL ENTRIES IN TRIS REPORT ARE TRUE AND CORRECT. C:4� David J. Lilly,,Ph.D. Audiologist DJL/pm be i attdwe t`` vel of a sp;.�r .Y isk coo isk coyer poteo�sz, bands °f 1" yyi l'v1Y C, Y. or d to :.: H A?_:1RDOUS EX !'--er•band noise reach the anragc-risk contours, ll C �dcrcr ran a of tthe sound frequencies to w•hichlrthe I ring loss of any one � IS region shouldelnot beusi_nii cantly greater noise ed ae bout§`o ted from below that to r drat particul frequency PCO 1' epppost: (a) To show the maximum allowable sound ues for bands of noise of known irequencv and durauon to which a person is expoeed but once per j-- omple I. The maximum tolerable sound -pressure t'-;,rrl Bowed for a daily exposure duration -of 50 min F -� a 7400- to 4800 -cps octave band of noise is found mterinc gig• 1 on the vertical line for a 50 -min dura - p • �. r." poo. This line crosses the curve for the 2400- to 4800- p+cps band at approximately 89 dB (left-hand ordinate). rwrefore, the maximum tolerable level is 89 dB. )trample 2: A noise that has a width of j oct or `• ate band center of 4000 less, an approxim CVe, and a daily duration of 50 rfia would have a mum tolerable level of about 84 dB (right-hand F. cedinale). _- purport: (b) To show the maximum allowable dura - lions for bands of noise of known frequency and sound -pressure level to which a person is exposed but once per day. OSURE •r0 t4.Oj TnutE I1. Cen and cutoff fmqucncies of some .r Ina i -oat -Land filters 1•oet-band Mien fNF?• m �• Center N W Fla. 3. Damage -risk can- %10: "t n.ms for one exposure per day to Parc loves. W J-oet cies frequencies I act an frequencies - e OSURE •r0 t4.Oj Example l: The maximum daily duration for a 2400•• to 4800 -cps octave band of noise having a sound - pressure level of 100 dB is found by entering -Fig. 1 on TnutE I1. Cen and cutoff fmqucncies of some commercially as•ailable filters. i -oat -Land filters 1•oet-band Mien Center Center frequen. Cutoff frequan- Cutoff J-oet cies frequencies I act an frequencies 1 s0 44- SS 1 63 44- 87 2 63 5S- 71 2 125 87- .175 3 s0 71- 90 3 250 175- 350 4 100 90- 112 4 Soo 350- 700 5 125 112- 140 5 1000 700- 1 400 6 160 140- 179 6 2000 1400- 2 Boo 7 200 179- 224 7 4 000 2800- 5 600 8 250 224- 280 9 8 000 5 600-12 000 9 320 280- 353 to 400 353- 448 1 39 20- 75 11 500 448- $60 lA 53 37- 75 12 630 560- 706 2 106 75- 150 13 800 706- 696 3 202 150- 300 14 1000 896- 1120 4 425 300- 600 is 1;250 1120- 1400 5 850 600- 1200 16 1 600 1400- 1 790 6 1 700 1200- 2 400 17 2,000 1790- 2 240 7 3 400 2400- 4 800 18 2 500 2240- 2 800 8 6 900 4800- 9 600 19 3200 2800- 3 530 20 4 000 3530-- 4 480 1 71 50- 100 21 5 000 4480- 3 600 2 141 100- 200 22 6 300 5 600- 7 060 3 283 200- 400 23 8 000 7060- 9 080 4 506 400- 900 24 10 000 9080-11020 5 1 131 800- 1 600 6 2 263 10)- 3200 7 4 525 3200- 6 400 • -8 9 050 6400-12800 Example l: The maximum daily duration for a 2400•• to 4800 -cps octave band of noise having a sound - pressure level of 100 dB is found by entering -Fig. 1 on 75 100 t 9 0000 ,nn r Nt OUCNCY IN tYtetS PER S[CONO the Journal of the Acoustical Soddy of America 457 VOL 3R (%q 66) PAP PAP -e ■t 75 100 t 9 0000 ,nn r Nt OUCNCY IN tYtetS PER S[CONO the Journal of the Acoustical Soddy of America 457 VOL 3R (%q 66) • 25 January, 1977 TO: FfAYOR OF SORA CITY AND MEMBERS OF TILE CITY COUNCIL FROM: Wayne Begley 804 Ronalda Street Iowa City, Iowa 52240 RE: Kempf -Albrecht Apartment complex under construction on North Dodge Street I would like to bring the following points to the attention of the full Council: 1. When the zoning change from R2 to R3B was enacted in 1967, the State statues in force at that time required a three-fourths majority vote of the City Council. Since the vote was less than the three-fourths majority, the zoning change Is invalid, according to the following decisions of the Iowa State Supreme Court, which hold that city o_ rdinances that fail to comply with State statutory requirements are invalid (State v. Omaha & C.B. Ry. & Bridge Co., 84 N.IJ. 983, 113 Iowa 30 [1901]; Decatur v. Gould, 170 N.N. 449, 185 Iowa 203 [19191). 2. There is some question in the minds of residents of the area as to when construction work on the apartment complex began, and what procedures were followed over what period of time before the building permit was issued. I therefore request the City Council to determine the precise sequence of dates of first submission of building plans, -the date construction began, etc.; and to make this information available to the public. 3. Since on January lb, the City Attorney stated in the regular session of the City Council that he felt it would be"inappropriate for him to advise the Council on this issue, I would like to haveand s clarification of the role which he is in feet playing g courses of action open to the Council. January 24,1977 Mr. Neal Berlin City Lanager'.s Office Iowa City Civic Centre Dear Mr. Berlin: Last December I wrote to you asking the City Council to consider a proposal to convene a public hearing to discuss the merits of Arterial 518 as they relate to Iowa City. As I recall, members of the council advised me that they wished to wait until the Johnson County Reg":ional Planning Commission received the third draft Area Transportation Study (ATS 3) before considering the necessity of holding such a hearing. ATS 3 has been out for about a week now, and I believe the recommendations this report contains, and more importantly, the topics this report ignores, makes a reconsideration of the to wr— ing proposal most appropriate,especially if the council intends i to make the policy decisions about tt-ansnortstion in the city, Three issues stand out from ATS 3 which potentially could "force". the council's hand in rognrd to n policy decision on 518, 1.) ATS 3 does not apecirieslly mention 518. When asked about this apparent ommission the consultant who prepared the report explained the absence of 0518 this way: 518 is a political inaue that the JCRPC specifienlly instructed him to avoid donling .with, no nn to koop dclnys in prrr- ring tho report to n minimum. 'the 518 corridor is "allowed" to necomodste tho traffic volumes IZ n assigned it in ATS 2. Elimination of the highway will result in some additional congestion on t1v western portion of 6-218, assuming the west tempus bypass is built. However, Arterinl 518 is "marginally assumed" in ATS 3; is., by implementing tte ATS 3 recommendations, the added impact of 518 on the 6-218 corridor will achieve the specified "level C" service. Is the council p" -pared to change its position vis it vis 518 in the absence df further substantiation for the need for the Cac- ility as proposed? 2.) West Campus Bypass, The draft transportation plan calls for the construction of a major four lane highway facility and river crossing on the wrest side. Leaving aside the o olitical opposition this proposal can be exnected to encourage, the council will probably want to explore possible funding sources to pay for this project, Will th state assist in financing the construction of th+est campus bypass if 518 is also built? Additionally, ATS 3 indicates that the •rest campus bypass will alleviate much of the congestion on 6-218. Cdn the 518 project eliminate the diagonal bypass of Iowa City in favor of the "Hills (Riverside) Doge g"? 3.) Impacts on west side traffic circulation, esp. Melrose Avenue. ATS 3 recommends repaving, ttelrose Avenue Lo four lane specifications, and also calls for the construction cf a dinrronal connection between Melrose and the Burlinrton Stront Bridge, Will the construction of 518 sirrnificnntly inrroase traffic on Melrose with these imnrovementa, keepinr, in mind the exnnnnion contemplated in U1 Hospital facilities? I would ask the council to include consideration d the above points on tommorrow night's agenda. Certainly tte questions are weighty enough to demand attention and I believe they merit discussion at a full public hearing;. As I noted in the previous letter, the questions about the impacts of 518 on Iowa City are much too imno rt^.nt to be left to private negotiation between enrineer-�'s from the Iowa DOT and local officials. I look for the council to consider this nronosal and I shall atterr-1 Tuesday night's meeting to clarify any part of this proposal. Sincerely, � Zez1 n John rIor �issey 513 South Van Buren Iowa City MM • • CIV IC CEN TER 410 E. WASNI NG TON ST. D ( � IOWA CITY. IOWA S:NO (]19)JHIZtl0 February 16, 1977 1 MAYOR MARYNEUNAWER COUNCILMEMEER• MMNUAWER CAROLWROSE• LP.FOSTER DAVID VERRET MAEEEUER ROIERTVEVERA Mr, John Morrissey 513 South Van Buren Iowa City, Iowa 52240 Dear Mr. Morrissey: Thisletterresponds to your inquiry of January 24, 1977, concerning proposed Freeway 518. The City Council will hold a public hearing after the Johnson County Regional planning Coaonission has accepted the Area Transportation Study and referred it to the Iowa City City Council. You may wish to attend this meeting and restate your feelings regarding Free- way 518. Thank you for expressing your opinions to the City Council. efely yours, Neal G. Berlin City Manager Is RE i 7 1977 Mayor Mary Neuhauser City of Iowa City Dear Mayor Neuhauser: I am very much opposed to the city manager's proposal for a refuse pick-up fee. It is arbitrary; but worse, it is unfair in the extreme. Regards, / t% /,14 Robert K ans 626 Oakland Iowa City, Iowa DDJAN 1d 1977 ABBIE STOLFUS CITY CLERK 131 • C MAl CIVIC CENTER AIO E.WASHINGT ON ST. IOWA CITY. IVYA E210 /4�, I31919N4000 10" February 7, 1977 MAYOR MARYNEVNAWER COUNCIL MEMBERS JINN BAW ER CAROLINNOSSE L F. FOSTER DAVID PERRET MY BELEER ROBERT VEVERA Mr. Robert Klaus 626 Oakland Iowa City, Iowa 52240 Dear Dir. Klaus: The City Council received and placed on file your letter concerning the proposed refuse collection fee at its January 25 meeting. At the informal meeting of January 27, the City Council decided to charge residents a 39� per month landfill charge in lieu of a refuse collection fee. The Council feels the landfill charge is more equitable for private homeowners and businesses. Thank you £or expressing your opinion to the City Council on this subject. If I can be of additional service please do not hesitate to call me. Sinc re yours, i a In City Manager Is 1.7.7 0 .•.L/��{T��l� OI�O�I11l iQiSlla �tl[. 26 S. CLINTON ST. • IOWA CITY. IOWA 32240 Jan 1�, 1977 viayor and Courci_peuplc: to go on r,c.. d of opp..s.:inf; garbage pick u_u fo,-,. -_I, :,Iy ta__cL , ai L.i puu_:.c arour:d to,m I find that Ian, not alone in that tiruu�;"L- Tho fuu ion' L fair -tu bu.;irwr_ws, but nuiLh_r aaa tha 2:UJ par::iug :Citru. 'Thu :-u carta5n:.y xorkc _ against the 30,—u -that you prop03.: to sp.:nd to _ attract nutr indu.:try. if you xou.-u i.,.;u.: a data: to auth r-zod trash :auerc ar.d a pilon.: b�uk ui Lu addr•co:;ej to til.: ria:; a tr:u i..nci'iil ha cou:d tel_ ••rho cou:d Liao thu iL:ndfill for frao. u Place a fr.oz un pea age of n w urdiaucaa La; tail for circ n.u. ..f puuiu.: Lo inapucL ar,d wiorou than, would kuup cue t dorm. you p:.y .li., dupart:...:;:L n...r' good ....,.:.y, b::.. ...-... Lu ruduco thoir u_uds by .:hat ..v-2• p -menu yuu u_ud to Qat the budget.rithin ii:.;i is o: inc..L,c i'rum La:. and other incorm . Your job iu pi;licy, not line by ling delut:cal u- ai.-: In a dopartln,r.t... Do not 1_ok for oLr,_.r cu:.n.; of tv.AtIon. . wit- - i., shat 11.L8 happuu to oth.:r lar„o citie.I snrou ,:.; IIa>r York...tiiuir pr i,.cra; could bu our❑ if' you c.u..iuui. to tr,y 'tu b., a., u all pu,,plu. I j / THObur.: If. A...Y / Prauid,:nt `r o « rCl JAN 11. n 1917, 77 ' CITY CLLRK 134 • • 1- 2.5-77 E5OMMM • • CIVIC CENTER 410E.WASHINGTON ST. tP.'9 q F ( IOWA CITY. IOWA 52200 ' /Jy,/ ~ I� ��/(Jf�/,/ 121913N.IM February 7, 1977 IDY1t IMYOR MARYNEUNAUSER COUNCILMEMEERS JOHN PALMER CAROLO.PHOSSE L P. FOSTER DAVID PERS ET M"SEUER ROSERTVEVERA Mr. Thomas H. Summy President Stephens of Iowa City, Inc. 26 South Clinton Street Iowa City, Iowa 52240 Dear Mr./Mmy:lowl The City Council received and placed on file your letter concerning the Proposed refuse collection fee at its January 25 meeting. At the informal meeting of January 27, the City Council decided to charge residents a 39¢ per month landfill charge in lieu of a refuse collection fee. The Council feels the landfill charge is more equitable for private homeowners and businesses. Thank you for expressing your opinion to the City Council on this subject. If I can be additional service please do not hesitate to call me. .I111\.Y 1� YIJ, C� Ne I. Ber i ty Manager Is t7y s 6~ a •CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 ?5V 319354.IM NOTICE ME CITY COUNCIL OF I014A CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMIME: CONMITTEE GN COMWITY NEEDS Two vacancies Unexpired terms February 15, 1977 October 1, 1977 It is the duty of members of the Committee on CoTmnunity Needs to coordinate conunnication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. The selection and appointments to this Committee will be made at the Ja uaa18,19977- Council meeting at 7:30 P.M., in the Council Chamber— s, The actual terms will begin February 15, 1977. This will allow the appointees to attend meetings of the Committee on Community Needs in order to become familiar with the duties of the Committee before assuming full responsibility. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. i:1i�e�tliN4 7SI MtemboRN St . Wtcay'M�ook 614 E. OJWMaeN 197 \A1 ��•� V//��{� V//y�1`"'�',/'�"//"%/ CIVIC CENTER, NIDE. WAS HIG TON ST. IOWA CITY, IOWA 522401 G1919054180 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMdITIM: MMITIEE ON COMMUNITY NEEDS Two vacancies Unexpired terms January 25, 1977 October 1, 1977 January 25, 1977 March 1, 1978 It is the duty of members of the Committee on Community Needs to coordinate communication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. The selection and appointments to this Committee will be made at the December 28, 1976, Council meeting at 7:30 P.M., in the Council Charr6—ers—.—TKe--kfu—aT terms will begin January 2S, 1977. This will allow the appointees to attend meetings of the Committee on Community Needs in order to become familiar with the duties of the Committee before assuming full responsibility. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 Fast Washington, Application forms are available from the Clerk's office upon request. Lf mit T 1ANdv"-ser—, Api . is, 133o 'Bance *# QO* d • 10-1-77 'Paltth \lERStvyva) Q1�'�'cawKn. Cowk - 3-1-73 137 /b 0 Nty..+sy • • CIVIC CENTER. 410E WASHINGTON ST. IOWA CM. IOWA 52240 319J54-1900 NOTICE THE CITY COINCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING BOARD: BOARD OF APPEALS 'pw o -One vacancy - Three-year Term January 25, 1977 - December 31, 1979 It is the duty of members of the Board of Appeals to hold appeal hearings on matters concerning minimum housing standards ordi- nance and the uniform building code. Members must be qualified by experience and training to pass upon matters pertaining to building construction. Jowa City appointed members of boards and commissions must be qualified voters of the City of Iowa City. The appointment to this Board will be made at the January 25, 1977, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Applica- tion.forms are available from the Clerk's office upon request. 131ktari F AAJA*' 7. j LN GIZA'%" Wanr,. F, -%WL Lh j 1804 Q;dILWW -bQWL 138 CIVIC CENTER. 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 319.351.1800 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOIN7DIENr TO THE FOLLOWING BOARD: BOARD OF EXAMINERS OF PLUMBERS One vacancy Wo -year Term (Master Plumber) January 25, 1977 December 31, 1978 The duties of the members of the Board of Examiners of Plumbers include examining all applicants desiring to engage in the work or business of plumbing, whether as a master plumber or as a journeyman plumber and issuing licenses to competent applicants. Iowa'City appointed members of boards and commissions must be qualified voters'of the City.of Iowa City. The appointment to this Board will be made at the January 25, 1977, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons inter- ested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. 89-Vt0 , E . YVI�u9SlfA. 3 5 l vt 5�! . NEIGHBORHOOD REDEVELOPMENT PLAN NOTICE OF PUBLIC HEARING Pursuant to the laws of the State of Iowa, notice is hereby given of a public hearing called by the City Council of Iowa City, Iowa, to receive public comment on the Neighborhood Redevelopment Plan currently to be implemented with funding from the Federal Government pursuant to the Housing and Community Development Act of 1974. The document has been reviewed by the Planning and Zoning Commission. The public is encouraged to attend the hearing to be held at the City Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on January 25, 1977. Copies of the Neighborhood Redevelopment Plan are available for public inspection between the hours of 8 and 5, Mondays through Fridays, in the City Clerk's Office, Civic Center, Iowa City, Iowa. Ar- al Da 1 aard will be hearing. anuary, 1977. jq* RETAKE OF PRECEDING DOCL,I,!� JORM MICROLAB TARGET SERIES SO 0 Mr. Neal G. Berlin City Manager Civic Center Iowa City, Iowa 52240 Re: Makada Subdivision Dear Mr. Berlin: 0 January 25, 1977 This will confirm our discussion this afternoon regarding certain municipal improvements in the above referenced subdivision. When the Iowa City Planning and Zoning Commission and City Staff reviewed the Makada preliminary plat, it was my understanding that, as.a condition for approval of the plat, the developer would sign a contract waiver in accordance with Chapter 384 of the 1975 Code of Iowa thereby waivering the right to appeal future assessments for the municipal improvements as required in the Iowa City Subdivision Ordinance. It was further understood that sanitary sewer lines installed by the developer in accordance with city specifications would become a part of the city sewer system at such time as the above referenced subdivision is annexed to the city and the necessary municipal improvements are extended to said subdivision. Therefore as the Owner and Developer of the Makada Subdivision, I hereby agree to the above conditions to insure formal action on this matter at the regular Council Meeting January 25, 1977. Respectfully submitted, Ed. J. Gatena EJG:vb is~7